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HomeMy WebLinkAbout14-6474 * d Supreme Co .' e nsylvania Cour f COmlrno leas For Prothonotary Use Only: 7 F _ 1t ' t Docket No: CUT, erland y County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service o leadin s or other papers as required by law or rules of court. Commencement of Action: j S Complaint Writ of Summons 13 Petition ® Transfer from Another Jurisdiction ® Declaration of Taking I C Lead Plaintiff's Name: Lead Defendant's Name: Cumberland Valley Rental G.V.M., Inc. � T 1 Are move dama re nested? Yes ® No Dollar Amount Requested: within arbitration limits Y ges 9 (check one) Doutside arbitration limits O N Is this a Class Action Suit? ®Yes E] No Is this an MDJAppeal? 0 Yes 13 No A Name of Plaintiff/Appellant's Attorney: George F. Douglas, III, Salzmann Hughes, P.C. 12 Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) 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. I TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional [3 Buyer Plaintiff Administrative Agencies Malicious Prosecution ®Debt Collection:Credit Card El Board of Assessment 13 Motor Vehicle E3Debt Collection:Other l3 Board of Elections Nuisance Dept.of Transportation ® Premises Liability Statutory Appeal:Other f S E3 Product Liability(does not include mass tort) ® Employment Dispute: E ® Slander/Libel/Defamation Discrimination C E3 Other: Employment Dispute:Other ® Zoning Board � Other: T, 1 El Other: O MASS TORT Civil action for breach of 1 ® Asbestos contract N 12 Tobacco ® Toxic Tort-DES 13 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste ® Ejectment 0 Common Law/Statutory Arbitration j B ® Other: ® Eminent Domain/Condemnation a Declaratory Judgment 0 Ground RentMandamus 0 Landlord/Tenant Dispute rl Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial 0 Quo Warranto ® Dental Partition Replevin Mi Legal Quiet Title ®Other: Medical Other: © Other Professional: Updated 1/1/2011 CUMBERLAND VALLEY RENTAL, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW CD G.V.M., Inc., NO. 2014 Defendant c— ITJ C) r_r NOTICE TO DEFEND _ W R� 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 of 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 32 S.BEDFORD ST. CARLISLE,PA 17013 Dated: By: Q-- ALZMANN HUGHES, .C. George F. Douglas, III, Esquire Supreme Court I.D. #61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (7.17) 249-6333 Attorney for Plaintiff 77,5- "14 ;s CUMBERLAND VALLEY RENTAL, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW G.V.M., Inc., NO. 2014 Defendant COMPLAINT AND NOW, comes the Plaintiff, Cumberland Valley Rental,by and through its undersigned attorneys, Salzmann Hughes, P.C., and avers in support of its Complaint against Defendant as follows: 1. The Plaintiff, Cumberland Valley Rental, is a business located at 111 W. King Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The defendant, G.V.M., Inc., is a business located at 374 Heidlersburg Road, Biglerville, Adams County, Pennsylvania. 3. On July 18, 2013, the parties entered into a written contract with an effective date of October 14, 2013 for the rental and cleaning of uniforms for the employees of the defendant, G.V.M., Inc., in Biglerville, Pennsylvania. A copy of the contract is attached hereto as Exhibit A. 4. The defendant, G.V.M., Inc.,breached the contract by refusing to submit payment for services provided and for the buyout of the contract entered into by the parties. At the time of the breach,there were 233 weeks remaining on the contract. The contract states that forty(40%)percent of the amount remaining on the contract will be paid to the Plaintiff as liquidated damages, which is $12,594.12 plus a final invoice due in the amount of$135.13 for a total of$12,729.25. A copy of the last statement submitted to the defendant is attached hereto as Exhibit B. 5. As a result of the breach of contract by the defendant, G.V.M., Inc., the plaintiff, Cumberland Valley Rental, has sustained a loss for total damages in the amount of $12,729.25. WHEREFORE, The Plaintiff claims of the Defendant the sum of Twelve Thousand Seven Hundred Twenty Nine and 25/100 ($12,729.25) Dollars plus interest and costs, an amount requiring referral to the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, SALZMANN HUGHES,P.C. George F. Douglas, III, Esq re Attorney for Plaintiff Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 CUMBERLAND. Uniforms • Coveralls . Wipers • Mats Medical Scrubs &Protective Garments ALLE�` CENTAL RO. BOX 329 111 WEST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257 PHONE: (717) 532-7622 FAX: (71-1) 530-1314 Andoco, Inc, Customer#: 293 Route: Ron Customer Name: G-V. Ni Inc_ Day: Thursday­ Delivery Address: 374 Heidleisburg Road. Phone:(717-677-6197) 1ft r)J: 10/14/2013 BiglerviUe Pa. 17307 Fax:() To be completed byCVR No. of Wearers Item Desc bon Qui we�dyrentalchargeperitemtwexret 1 Uniforms 65/35 11/11/11 11 sets $6,00 1 Uniforms Coveralls 2 Pr. $ 1.50 4 Maas 3x10 4 $5.50 6 Mats 3x5 Midnight 6 1 $3.50 1 Mats 4at6 I $5.50 semoe fee-S8_00 pew itrvoice Cumberland Valley Rental(the"Company')shall be the exclusive provider for rental/leme garments acV or other merebaudiso services to the rmdotsigned(the"Customer during tho term of the oontract at the prices and conditions outlined below.The Customer w0as that this Contract does not infringe upon any existing contraot bdtweou the Customer and another unifetm rental service.Customer acknowledges that the Company will be obligated to moko a substantial investment in un&mw and or merchandise to fulfill this agreemomt;accordingly,the term of this agreement shall be 60 mcatbs from the first regularly scheduled delivery of the items.This comtaet Will automatinally renew for successive periods of the same length unless either party gives written notice of termination at least 90 days prior to rho expiration of the then cnn=t term.Upon each Annual auniverssry date of this contract,rho prices then in effect can automatically'sa=w by five percent(536). Any additional items regoestcd by the Customer shall be covered by the W=and conditions of this contmot and be provided at the luica in effect an sod atter the date of the receipt of the order.The aggregate rental charge shall never be reduced to legs than wvcmty-five percent of the original amount writtem above during the tetma of tbia coattract gvrvice Guarantee:The Company will strlvo to provide the highest quality service at all times;however,tho Company is not liable or responsible for delay,inteanption of termination of service due to any cause beyond its reasonable control.In the event that during the term of this age wveta mt(or any renewal sem)Customer has any complaints they may,by entified scall,address them to the general mamagor of the Company.The failure of customer to notify Company in wd ft of any objection or complaint within thirty days after the occa m mm of tho facts giving rise to any such objection or complaint shall tonstitate a waiver of such objection or complaint by Customer and shall not therea$m be the basis for termination,offset.or couatetclabn All Mono mored$buts Must be Puacbasod a t 530.00 each if caacelod! Name Emblem Fee each C2FRSy Emblem Fee each Prewation Fee each NIC Customer Purchases NIC Dist ruction Costs: Item:pants Item:shirts ItaYtt W I1em:4xb06810 Item: Arun, Cost 25.00 Cost:20.00 C0st:50.00 cost.I00.00 Coat: Cost: Thu Customer undcratands tho garments provided by the Company are not flame or acid retardant,unless specified od=wiac, If the Customer foils to comply with this Coakact or if the Customer sleets to terminate it for any reason prior to the expiration of the teams stated abcNq the Costomcr will pay the Company as liquidation charges,an amount equal to forty percent ofthe total regular wookly rate or minimum aggregate rental chAtge as defined above multiplied by the number of weeks remaining in the current term plus any rontsl uniforms not mhaned to the Company or retemod in a damaged fashion.In emfnming any terms of this agreement, the Customer shall pay any costs including reasonable attorney foes or arbitration fees iwuavd by the Company. This Contract sball be binding upon and shall CAI' s to benefit of the personal representatives,successors,And assigns of the respective parties hereto.Thla Contract is Mire and includes all undue taddings of the parties.No alterations,amendments or future understandings shall be binding unless reduced to writing sad signed by both parties.The porson signing on behalf of the Customee warrants to the Company that he/she has the authority sad power to execute this coAuut on behalf of tho Customer. Customer Cumberland Valley Rental sigpa signature: Print N faint Noma: Title: Title: Dam: nate: • EXHIBIT a , a l Wd� 'd ti5l l 'IN .� ,:` UMJFGRMS Account Name G.V.M. Inc Account # 293 o ; Invoice # 120064 Date: 4/17/2014 Remaining Contract dates:4/17/2014 Through 10/14/2018 HT West King Street Shi-ppensbur' Weekly Invoice $135.13 Weeks left on contract 233 $31,485.29 Contract Obligation 40% $12,594.12 Unreturned Uniforms Price Quantity Shirts $ 20.00 Pants $ 25.00 Other $ 30.00 Sub-Total $12,594.12 *Total due within 30 days plus any unpaid invoices U 1 EXHIBIT a F I E Cumberland Valley Rental - Andoco INC IIIIIIIIIIIII11111111111 IDELIVERY TO: PLEASE SEND PAYMENT TO: INVOICE# GVM INC Cumberland Valley Rental - Andoco INC 6. 111 W. King Street 1362274 374 HEIDLERSBURG ROAD P.O. Box 329 BIGLERVIL LE PA Shippensburg, PA. 17257 ACCOUNT #NGVM VO INVOICE 0102P93 Ph. 717-532-7622 URCHASE ORDER# 30-1314 INVOICE# 1362274 02/06/14 75 Delivery Day Thursday E LINE NAME/DESCRIPTION EMP PANTS SHIRTS OTHERS WEEKLY GARMENT RETURN NO. NO. QTY SIZE COLOR QTY SIZE COLOR QTY SIZE COLOR RATE SH. PT. OTH. 1 1 LXR SP14NV . 1.1 SP24NV .:6.00 1 46R CTlONV 0 i 5000 8X18. WIPERS .�sl.. ( 600) 60.0 @ 0 1 00_:. .72.00 5001 8X18 WIPERS REPLACEMENT ( ) 0 .@ 0.2 00 0.00 k 5002 X5 MIDNIGHT. GRAY MAT ... ( 2) 2. @'.:3.5 0:0: _. . `.7.00 5004 ERVICE FEE. , ( 1) 1 @ 8.0 00, 8.00 5006 X1.0 :MI.DNIGHT. GRAY MAT.._ 2 @ ..5.5 .00 11..00. 50074X6 MIDNIGHT GRAY MAT ( 1) 1 @ 5,5. ..00. 5.50 5010 ASE 8" x 600' ROLL TOWE . (. ) 0' @::54. )00 . 0. '00 5011 ASE TOILET TISSUE ( ) . 0 @ 54,. 00 0.00 t 5013LOANED PAPER TOWEL DISPE ( 2) 2 @':.0;0 00 0.00 t 5015,40G MAT CLEANED 3X5 ( ) 0 @ 5.0 00 0.00_ i 501.6 OG MAT. CLEANED 4X..6' (. ) O. @:.:6:0 0.0., 0.00 f ** ** 1 @, .0,.0 00 0.00 5020 EAST BERLIN ( .. ,.1,) 50253X5 RASSIN MAT. ( . ..:.2) 2. @: :3';5 .0.0 [ 5026 X10 RAISIN MAT ( 1) 1 @ . 5..5 00 5.50 5027 :X5'. SCRAPE OFF: MAT_ @'.:''3 5 00. 3.50 ' I 9600 ARMENT .MAINTENANCE CHAP1 @ 1.4 00 1.44 _. 2 .MAN: MIN.IMUM.:=.`.INDUSTRI _. 1 MAN: MINIMUM DESIGNER IMA E: i F .. .. E - TAXABLE 16. 94 i E Customer Signature NONTAXABLE 111.50 i ALL BILLING DISPUTES MUST BE REPORTED WITHIN 30 DAYS OF THIS INVOICE.OTHER THAN SALES TAX TAX 6. 69 THERE ARE NO GOVERNMENT MANDATED CHARGES ON THIS INVOICE. TOTAL 135.13 s I Accounts Receivable Inquiry http:H192.168.1.45/tracs/arr060.php?delnum=&exitto=&mastemuin... Help Accounts Receivable Inquiry GVM 0293 Date Invoice Type Amount Paid Balance GVM INC 2014-04-03 1366180 F 137.25 0.00 137.25 P.O.BOX 358 2014-04-10 1366662 r I 128.31 0.00 265.56 374 HEIDLERSBURG RD 2014-04-17 Lj 1367223 1 137.25 0.00 402.81 BIGLERVILLE PA 17307 2014-04-17 120064 I 12594.12 0.00 12,996.93 A/7Qh01A I• A P1\/i AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF CUMBERLAND ) COLBY.A. R.FRY,being duly sworn according to law, deposes and says that he is the President of Cumberland Valley Rental,,and that the avennents of the within Reply to New Matter are true and correct to the best of affiant`'s knowledge,information and belief. COL RYI RESIDENT Swom to ang subscribed before ine this the Lf dayy oof N cv , 2014 Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal orge F.Douglas III,Notary Public LMEM:BER,-PEN'N'SYLVANIAASSOLIATIONUtNUIIA Middlton Twp.,Cumberland County Comission Expires dune 26,2015 RIES CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Complaint was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class main,postage prepaid, addressed as follows: Elizabeth S. Daniels, Esq. McNees, Wallace &Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Respectfully Submitted, SALZMANN HUGHES, P.C. By: � George F. Douglas, III, Esquire Attorney for Plaintiff Attorney ID No. 61886 CUMBERLAND VALLEY RENTAL, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW G.V.M., Inc., NO. 2014 Defendant ACCEPTANCE OF SERVICE I, Elizabeth S. Daniels, Esquire, do hereby accept service of the Complaint on behalf of my client, G.V.M., Inc., and I verify that I am authorized to do so. Elizabeth S. Daniels, Esquire CUMBERLAND VALLEY RENTAL 111 W. KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. G.V.M., INC. 374 HEIDLERSBURG ROAD BIGLERVILLE, PA 19307 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA — rn NO. 2014-6474 .r- --i ---<3. CIVIL ACTION 37 c--) :it ".,„ _..... = CD 'te..3 CI rli C...? '.... 01 --i '2,2 Date: PRAECIPE Please mark this case discontinued. Lt,241k-f-- George F. Douglas, III, Es'., SALZMANN HUGHES, P.C. Atty. ID. No. 61886 354 Alexander Spring Rd., Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiff