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Home My WebLink About05-0948Date: 4/29/2004 Dauphin County User: LGARCIA Time: 09:02 AM Page 1 of 1 Date 1/30/2004 2/9/2004 3/11/2004 3/12/2004 4/16/2004 4/19/2004 4/20/2004 RDA Report Case: 2004-CV-0425-CV Current Judge: No Judge Paladin Consulting Inc vs. Calabrese Sons Inc Civil vs- 9V el -0 L. New Civil Case Filed This Date. No Judge Filing: Complaint Paid by: Friedman & King Receipt number: 0050272 No Judge Dated: 1/30/2004 Amount: $105.00 (Check) Plaintiff: Paladin Consulting Inc Attorney of Record: Richard S Friedman No Judge Complaint: Sheriffs Return filed stating service was completed. So No Judge answers J.R. Lotwick, Sheriff. Calabrese & Sons Inc Assigned to Dauphin Co Sheriffs Office Service fee $46.00 Served 2/9/2004 Martson Deardorff Williams & Otto, by: David A. Fitzsimons, Esq. enters No Judge appearance on behalf of defendant, Calabrese & Sons, Inc. Defendant: Calabrese & Sons Inc Attorney of Record: David A Fitzsimons No Judge Preliminary Objections of Defendant, filed No Judge C&E in file Brief in support of defendant's preliminary objections, filed No Judge Motion to Transfer Venue, filed No Judge Stipulation of Parties to Transfer Venue, filed No Judge Upon consideration of th eattached Stipulation of Parties to Transfer Lawrence F. Clark Jr. Venue, it is hereby ORDERED that the Prothonotary of Dauphin County is directed to Transfer this case to the court of Common Pleas of Cumberland County. It is further ORDERERED that defendant's Preliminary Objections as to venue shall be considered moot. see Order filed. copies mailed 4/19/04 The above case is hereby Transfer to the Court of Common Pleas of No Judge Cumberland County. ****NO MORE ENTRIES CASE TRANSFERRED**" No Judge TO COURT OF COMMON PLEAS OF CUMBERLAND COUNTY APR 2 9 2004 'w'on``tt iit '? , ,l 4'i et3 fit4?$6618I Prct;?onopasy PALADIN CONSULTING, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA ` a. V. No. CALABRESE & SONS, INC., : CIVIL ACTION - LAW Defendant NOTICE ._. x- YOU HAVE BEEN SUED IN COURT. If you wish to defend against the itaimFiet forth in the following pages, you must take action within twenty (20) days after tht`s tor4?aint 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 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, 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los proximos veinte (20) dias despu6s de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objections a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 PALADIN CONSULTING, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA V No. • Joo4 N . CALABRESE & SONS, INC., : CIVIL ACTION - LAW Defendant r COMPLAINT 0 AND NOW comes the Plaintiff, by and through its attorneys, Friedman & King, P.C., and brings this cause of action against the Defendant and avers as follows: 1. The Plaintiff is Paladin Consulting, Inc., a Pennsylvania corporation with its principal place of business at 215 Dogwood Dr., Hershey, Dauphin County, PA 17033. 2. The Defendant is Calabrese & Sons, Inc., a Pennsylvania corporation with its principal place of business at 406 Brandy Lane, Mechanicsburg, Cumberland County, PA 17055. 3. On or about December 14, 1999, the parties entered into an agreement under the terms and conditions of which Plaintiff would provide for Defendant numerous services, including a number of manufacturing cost analyses, became the primary interface with the M&T Bank to prevent calling of the loan, and financial services, which services would be performed in the greater Harrisburg, Pennsylvania area. 4. The Plaintiff has performed services as agreed upon in a good and workmanlike manner. 5. Certain sums which were due and owing were paid on said account between December 13, 1999 to July, 2002, when payments ceased. In spite of numerous demands, Defendant remains indebted to Plaintiff in the amount of $10,266.27, and in spite of numerous demands has failed and/or refused to make payment as agree upon. WHEREFORE, the Plaintiff demands judgment in its favor and against the Defendant in the amount of $10,266.27, plus costs and interest. Respectfully submitted, FRIEDMAN & KING, P.C. Date: (_Vf.A -1 Richard S. Fri an, Esquire 600 N.?Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 f/p:pleadings\paladin.cmp VERIFICATION I, Barbara C. Somerville, hereby acknowledge that I am the President of Plaintiff corporation in the foregoing action; that I have read the foregoing Complaint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Barbara C. Somerville, President of Paladin Consulting, Inc. Dated: d ?? I (pffi'ce xxf t4e ;4rr-ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Hanishurg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Sheriff's Return No. 0425-CV - - -2004 MIA` J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy N -?t rv ` w ..t AND NOW:February 9, 2004 at 9:48AM served the within COMPLAINT upon CALABRESE & SONS INC by personally handing (CUMBERLAND CO) to JOE CALABRESE, PRESIDENT 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 406 BRANDY LANE MECHANICSBURG, PA 17055-0000 So Answers, ee° - Sheriff of Dauphin County, Pa. Plaintiff: PALADIN CONSULTING INC Sheriff's Costs: $46.00 PD 02/03/2004 RCPT NO 187591 F.AFILESV ATAFILFAGenm1ACun tA110933-snsI/ajt Created 9MI00 006PM Revised 6/1/05 11 04AM 110933 David A. Fitzsimons, Esquire I.D. No. 41722 Hillary A. Dean, Esquire I.D. No. 92878 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PALADIN CONSULTING, INC., Plaintiff V. CALABRESE & SONS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ZDS- 9',<8 civil NO. - - CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT TO: PALADIN CONSULTING, INC., Plaintiff, and their attorney, RICHARD S. FRIEDMAN, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND COUNTER CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the Plaintiff provided certain consulting services to Defendant from 1999 until 2002. It is denied that Defendant gave Plaintiff the authority to consult with representatives of M&T Bank, let alone to become the "primary interface with M&T Bank" as alleged in the Complaint. 4. Denied. Plaintiff has, in many cases, exceeded its authority under the parties agreement and has charged the Defendant for services that were never requested or approved by the Defendant. Additionally, the Plaintiff failed to generate a network of sales representatives to promote Defendant's products as it originally promised. 5. Denied. Defendant has fully reimbursed the Plaintiff for all services rendered that were within the scope of the parties agreement and approved by Defendant. Plaintiff has received total compensation from the Defendant that greatly exceeds the value of services provided. WHEREFORE, the Defendant, Calabrese & Sons, Inc., demands judgment in its favor and asks that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 6. Defendant's responses in paragraphs 1 through 5 above are incorporated herein by reference. 7. Plaintiff has inappropriately charged the Defendant for services that were never requested by Defendant, never contemplated by the parties' original agreement, and never implicitly or explicitly approved by the Defendant. Specifically, Plaintiffhas charged Defendant for numerous meetings with company board members and discussions with representatives of M&T Bank: none of these activities were ever approved by the Defendant as being within the scope of Plaintiff's consultation services. 8. From 1999 until 2002, Defendant paid Plaintiff approximately $52,0000.00 for services rendered. The amount paid by Defendant far exceeds the actual value of the services received. 9. Plaintiffbreeched its contract with Defendant by failing to generate anetworkofsales representatives to market and sell Defendant's products as originally promised when the parties entered into their agreement. COUNTER CLAIM BREACH OF CONTRACT 10. Defendant's responses in paragraphs 1 through 9 above are incorporated herein by reference. 11. As part of the parties' original agreement, Plaintiff promised to generate a network of sales representatives to sell Defendant's products. 12. Plaintiff failed to generate any sales representatives. 13. Plaintiff charged Defendant for services that were not contemplated by the parties' original agreement and that were never approved by Defendant. 14. Upon information and belief, Plaintiff billed Defendant for work that was never performed. 15. Plaintiff's conduct breached the parties' agreement. 16. Defendant has suffered damages as a result of Plaintiff's breech. WHEREFORE, Defendant Calabrese & Sons, Inc, requests judgment from this Court in the amount of $52,000.00 together with costs and interest. 17. Defendant's responses in paragraphs 1 through 16 above are incorporated herein by reference. 18. From 1999 until 2002, Defendant paid Plaintiff approximately $52,0000.00 for services rendered. The amount paid by Defendant far exceeds the actual value of the services received. 19. Plaintiff has received a windfall because Defendant unknowingly paid it for services that were not approved, not within the scope of the parties' agreement, and, upon information and belief, never performed. 20. Upon examination of the claims in Plaintiff's Complaint, Defendant has determined that no services were ever delivered by Plaintiff and demand is, therefore, made for return of all funds paid to Plaintiff. WHEREFORE, Defendant Calabrese & Sons, Inc. requests judgment from this Court in the amount of $52,000.00 together with costs and interest. MARTSON DEAR?DO WILLIAMS & OTTO BB y David A. Fitzsimons, Esquire I.D. No. 41722 Hillary A. Dean, Esquire I.D. No. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 1, 2005 Attorneys for Defendant VERIFICATION The foregoing Answer 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 unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. J eph alabrese, Sr. P\FILMDATAFIMGenmI\C=ent\110933.ar [ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard S. Friedman, Esquire FRIEDMAN & KING, P.C. 600 North Second Street, Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO ' i y J? ncia D. Eckenroad 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 1, 2005 - ?? ? ? _, ;-> ?; r, -? , _ - _. - _:.; ?: R) ri C<J LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Plaintiff PALADIN CONSULTING, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CALABRESE & SONS, INC, Defendant NO. 05-948 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED WITHDRAWAL AS COUNSEL Kindly withdraw my appearance as counsel on behalf of Paladin Plaintiff in the above matter. Inc., i Date: 1 2 t71 R?6ard S. Friedman, Esquire I.D. No 07176 600 North Second Street Harrisburg, PA 17108 (717) 236-8000 ENTRY OF APPEARANCE AS COUNSEL Kindly enter my appearance as counsel on behalf of Paladin Consulting, Inc., Plaintiff in the above matter. I? Law Offices of Deter J. Russo, P.C Date: / ?r 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire I.D. No. 72897 Scott A. Stein, Esquire I.D. No. 81738 Elizabeth J. Saylor, Esquire I.D. No. 200139 L ?-' ?? 4.- ? 'y ,... L+1 ..? i t ? r _.. L? ?, _ - [?i ?? _. ;?) ',- Cc; yY ?.1? rl ? + ^ .{ PALADIN CONSULTING, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : No. 2004-CV-0425-CV CALABRESE & SONS, INC., : CIVIL ACTION - LAW Defendant WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance as counsel for Plaintiff in the above matter. Respectfully submitted, FRIEDMAN & KENG, P.C. Date: Richard S. Friedman, Esquire 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 ENTRY OF APPEARANCE Kindly enter my appearance as counsel for Plaintiff in the above matter. Respectfully submitted, Date: - -C ii- Peter Russo, Esquire 3800 Market St. Camp Hill PA 17011 Eliza t aylor, Esquire 3800 Market Street Camp Hill, PA 17011 LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 PALADIN CONSULTING, INC., Plaintiff V. CALABRESE & SONS, INC., Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-948 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTER CLAIMS DEFENDANT'S NEW MATTER 6. No response is required. 7. Denied. All work done was done at the request of the Defendant and approved by the Defendant. 8. Denied. All amounts charged represent the fair value of services provided to Defendant who paid only $40, 927.17 of the total billed leaving $10, 266.27 unpaid which constitutes the basis of Plaintiffs suit against Defendant. 9. Denied. The actions of Defendant are the reason why Plaintiff was unable to generate a network of sales representatives. DEFENDANT'S COUNTER CLAIMS BREACH OF CONTRACT 10. Plaintiff's responses in Paragraphs 6 through 9 above are incorporated herein by reference. 11. Denied. Plaintiff was frustrated in his attempts to achieve the objective goals contracted for by the actions of Defendant which materially prevented their successful completion. 12. Plaintiff admits that he was not able to generate any sales representatives due solely to the actions of Defendant which prevented him from doing so. 13. Denied. Defendant was aware of any and all services provided by Plaintiff. 14. Denied. Plaintiff only billed for work actually performed. 15. Defendant's averment in Paragraph 15 is a conclusion of law to which no response is required. 16. Plaintiff denies that Defendant has suffered damages and demands proof of such damages at trial. UNJUST ENRICHMENT 17. Plaintiff hereby incorporates by reference the responses contained in Paragraphs 6-16 of Plaintiffs Answer to Defendant's New Matter and Counter Claims as if fully stated herein. 18. Denied. All amounts charged represent the fair value of services provided to Defendant who paid only $40, 927.17 of the total billed leaving $10, 266.27 unpaid which constitutes the basis of Plaintiffs suit against Defendant. 19. Denied. Defendant was aware of any and all services provided by Plaintiff. 20. Defendant's averment in Paragraph 15 is a conclusion of law to which no response is required. To the extent any portion of Defendant's averment in Paragraph 20 is not deemed a conclusion, it is specifically denied that Plaintiff failed to provide any services to Defendant. Plaintiff denies all other allegations set forth in Defendant's New Matter and Counter Claims that are not specifically admitted. WHEREFORE, Plaintiff requests that Defendant's New Matter and Counter Claims be dismissed with prejudice and judgment be entered in Plaintiffs favor and against Defendant and such further relief that this Honorable Court may decree. G La Offices of Pete J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire I.D. No. 72897 John N. Papoutsis, Esquire I.D. No. 70312 Scott A. Stein, Esquire I.D. No. 81738 Elizabeth J. Saylor, Esquire I.D. No. 200139 Date: 3 9 d 6 VERIFICATION I, James A. Somerville, hereby acknowledge that 1 was at all times relevant to this matter a corporate officer of Plaintiff corporation in the foregoing action; that I have read the foregoing Plaintiffs Answer to Defendant's New Matter and Counterclaims; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Jam A. Somerville fo ladin Consulting, Inc. Dated: j ?'?' for PALADIN CONSULTING, INC., Plaintiff V. CALABRESE & SONS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-948 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of PLAINTTIF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTER CLAIMS upon the following person, in the manner indicated: FIRST CLASS MAIL MARTSON DEARDORFF WILLIAMS & OTTO David a. Fitzsimons, Esquire Hillary A. Dean, Esquire 10 East High Street Carlisle, PA 17013 LAW OFFICE OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Zc? cZ-?- Scott A. Stein, Esquire Attorney I.D. No. 81738 r L? CCi 7. __ Curtis R. Long Prothonotary office of the Protbonotarp Cumberlaltb (Cauntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor AJ - Qqg CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573