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Home My WebLink About05-3500John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com SHAULL EQUIPMENT & SUPPLY CO., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. .566 L --F BESECKER PAVING & EXCAVATION COMPANY, Defendant : CIVIL ACTION-LAW 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 Street Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en Is corte. Si usted quiere defenderse de estas damandas expuastas an las paginas siguientes, usted tiene viente (20) dias de plazo al partir de is fecha de Is demands y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja o alivio qua es pedido en Is peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ]purcell@pkh.com SHAULL EQUIPMENT & SUPPLY CO Plaintiff vs. BESECKER PAVING & EXCAVATION COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. oS - 3S66 010t.L`T CIVIL ACTION-LAW COMPLAINT 1. The Plaintiff is Shaull Equipment & Supply Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with an business address of P.O. Box 612, Lemoyne, Cumberland County, Pennsylvania 17043-0612 2. The Defendant is Besecker Paving & Excavation Company, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with an address of 2701 Hamilton East, Business 209, Stroudsburg, Monroe County, PA 18360. 3. Beginning in August 2004, and continuing on a regular basis until May 2005, the Defendant purchased goods and merchandise from the Plaintiff, promising to pay for them upon receipt. 4. All orders from Defendant were transmitted to Plaintiff at its offices in Lemoyne, PA, were filled by the Plaintiff at it's location in Lemoyne, PA, and shipped to the Defendant from Lemoyne, PA. COUNTI ACCOUNT STATED 5. Paragraphs 1 through 4 are incorporated herein as if set forth at length. 6. During the time of Defendant's purchases, Plaintiff maintained books of account, keeping an accurate and running account of all debits and credits for the sale of goods and merchandise to the Defendant. 7. The goods and merchandise consisted of various equipment, parts and supplies as more fully set forth on invoices attached hereto and made a part hereof as Exhibit "A". B. On the dates set forth on each and every invoice attached as Exhibit "A", the Plaintiff submitted to Defendant a written account for each invoice accurately showing the debits and credits for each transaction with the Defendant. 9. All charges stated therein are fair and reasonable and were agreed to by the Defendant in advance of shipment 10. The Plaintiff has received all of the goods and merchandise listed on the attached Exhibit "A", has never denied receipt of the same, and has agreed to the fairness and completeness of the amounts set forth therein. 11. On or about June 8, 2005, the Plaintiff forwarded to Defendant its customer statement summarizing all the invoices with debits and credits contained therein, a copy of which is attached hereto and Exhibit "B". 12. Since that date Defendant has never denied and therefore has agreed with the Plaintiff that the account was true and correct and that the Defendant was indebted to Plaintiff in the sum of $38,842.68, the amount showing in the account as owing. 13. Although demand has been made, the Defendant has failed to pay all or any part of the sum of $38,842.68. COUNTII BREACH OF CONTRACT 14. Paragraphs 1 through 13 are incorporated herein as if set forth at length. 15. Plaintiff is in breach of its agreements to pay for the goods and merchandise upon receipt of the same. 16. Although demand has been made, the Defendant has failed to pay all or any part of the sum of $38,842.68. WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount of $38,842.68, with costs and interest from the date of each invoice. Respectfully submitted, PURCELL,KRUG & BY n d . Purcell, Jr. 29955 North Front Street arriburg, PA 17102 (717) 234-4178 Remit to Main Office: Box 612,100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax(717)731-8937 Email: shaull@epix.net RENTALS Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone(412)486-0510 Fax(724)443-4211 Email: shaull@stargate.net TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% (18% APR) late fee per month. SOLDTO SHIPTO P O S T E D BES02 BEECKE APR l 2005 Tax #: arts. All other returns n authorization. $247.50 « rr e'f WO 'T t? - PARTS - SALES - SERVICE - Remit to main office: Box 612,100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax(717)731-8937 Email: shaulloepix.net IWNS PARTS - SALES - SERVICE - RENTALS Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone (412) 486-0510 Fax(724)443-4211 Email: shaull@stargate.net e ` month. TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 1 Y2% (18% APR) late feper SOLDTO SHIPTO "' I-BES02 BESFCKER PAVING & F_XC APR 1 3 2005 ?_701. HAMILTON EAST APR 1 ? 2005 BUSINE: S ''09 SI'ROUDSLiLJRG,PA 1.13;.60 JOHN SHAULL LEMML hip Bye ,? , -LE_M TAx %k: ax I) hty Desev,i.pt:ion ----- ---- -------- -- - -" Pr-ice Amount C)IECN, MACiIINE 09I?R,?FOR_iJJ'CQMIN6, SEASON AND, PROVIDE ESTIMATE. ;:I , ED HEf)"p), SC HF'L D CHISELED AND PREbtURE WASHED ASPHALT A COMF"L. E SERVICE-?CHANGED:ALL FRCS M?1CHIhLEk Pip dame NECEaSARY FILTERS AND FLUIDS GREASED MACHINE. REPLACED FUEL CAp/QAU AS EM (1' SECURED TRANSMISSION. AND 'AyE_" HOUSINGS. ` TICrF,ITEN J=RXC(rIgN LSl KS. REPLACED HOPPER FLASFIING. REPLACED ED " I ?N5C)L E D R! A L 10 IR?NG .A D STEERING +HOSESAS' NEEDED. REBUILT AOI CATOFtSt[F'L f1CE23 1 A17DL TIPS AIRED TIRES TO PROPER AIR PRE ?LIS ANI A3? Ur?TCi3' Pt?RKING -BNAP,E. HANDLES: ` FA)3RICATED rAND. ' CN57RLL D RI Hi" 8 (1EJGE INI)ICRTI]R F'OR( NUI E-OF-(ATTACK. _REPL-RCED NEW [All - al -, T F{EM1 vEII,,A D':REPLACED,SE TS. REPLACED;, Lh WIR?IN& ON MAOHlF)E. REPLACED MIS5ING DECK HARDWA E.' Ei' 3HTENED EXTENSIONS ACID' COVERS., ' REBUILT' SCREED BURNERS. FABRICATED DUNNER BOXES REPAIRED SCF2EED FRAMES AND ADJUSTED SCREED. CrP0rruT ntF,n AND REPAINED FLOW GATES. REPLACED TACHOMETER. End electrical au. All other returns sthave have return authorization. ? w tge Remit to Main Office: Box 612,100 Market Street Lemoyne, PA 17043-0612 Phone (717) 737-6731 Fax(717)731-8937 Email: shauligepix.net NIMS PARTS - SALES - SERVICE - RENTALS Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone (412) 486-0510 Fax(724)443-4211 Email: shaullOstargate.net TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% (18% APR) late fee per month. POSTED LB???"?TOBESECt',E.R PAVING ftEXC SHIPTO 2701 HAMILTON EAS-T APR 1 2005 BUSINESS 209 STROUDSBURG,PA 183621 JOHN curial 1 i rung ,vsa;+:x-sray.. w:ur h'1P By:`LEM lax ax D h'ty I>encript;ion -- ------ - --------- ---.x Pr i.ce f-lnl0unt REPAIRED NECESSARY 'GREASE 11 LINES. REPLACED DRIVE HAINS CHAINS REPA TWO ?KED r NVE'YOR 'HOP F1OTH CHAIN GUIDES AND CONVEYOR DRIVE C PE:R LIFT CYLIELDERS. CHECKED ALL OPERATIO . NS OF M ACHINE, . EVERY`PH7 NG LHFCE.ED OUT OK AT THIS TIME. COUNTER 1 PARTS LAW 88446 5/16 USS F/W B8 CE1 28 " 1 1 BKX 001.2-1b65-00 BKX 04947-137-00 FUEL CAP KIT TRANSAX 3F 3E 67: 53 86.00 212.38 00 86. ..13.38 1 BKX` 00184-UC6-00 DULL" 3E, 3D 176 4 1.00 40 41 100: 124 20 3 1 BKX 00112-216--01 'BKX 90147.-003-00 FILTER R ELEMENT 3D 13 . .3 7,.11 . 37.1 i 0 ' 7 BKX 70147-005-00 ELEMEN( 3D 25 1.8.1710 18.0 1 1 BKX• 00164-769=00 BKX 00112-414-00 ELEMENT ELEMENT 3E 3E 123 136 80.00 G.85 80.00 6.85 1 BKX' 012037038=01 P'I'LTER 35 27 10.00 10.00 'der items and electrical parts. All other turns roses and must have return authorization. ation. ? ext page 'Remit to Main Office: Box 612,100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax (717) 731-8937 Email: shaull@epix.net Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone (412) 486-0510 Fax(724)443-4211 Email: shaull@stargate.net PARTS - SALES - SERVICE - RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% S1H% O R) late fee per month. SOLD TO LBIESO_ BESECKER POVING & EXC 2701 1-IANIL.-ION EAST BIJS I NESS 21219 STROUDSBURG, PA 1.8360 JOHN -Remit to Main Office: Box 612,100 Market Street Lemoyne, PA 17043-0612 Phone (717) 737-6731 Fax (717) 731-8937 Email: shaull@epix.net &WUS PARTS - SALES - SERVICE - RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 1'/2% (18% APR) late fee per month. SOLD TO SHIP TO I_BES1712 BESECKE:R PAVING & EXC 2701 1-IAMILTOI?l EAS_r BUSINESS 209 STROUDSBLIRG,PA 1.8360 JOHN Sh-j. ri By : ' yLEM a-ax T'ax I) Ql:y DescriPtinn X'' 1 BKXs 04706.4 X ,` SEA 177006V X 2 'SEA L021$9V X 1 IJKX 00176=-P X 1 BKX- 00,1,33=8 X 1 BKX 041131-? X- 1 BKX: 04982;!=fC X 1 BKX 00202-Q .'Y3t+..`1• CLriTCtT u+a v c Ti a wt s. Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone(412)486-0510 Fax(724)443-4211 Email: shaull@stargate.net Pi- ice Ain ounL RH WIRING HA 108.57 1x108 *[ - TRIMLINE SEA CR N WALL 1 6 2 .ARM 'REST 46+4 ` 2*90 HORN LOW PIT 28.68 22.68 SWITCH 3F 125 14. 45: 14.49 _ X...HEAVY DUTY 3F 126, 16.00 16.00 GASKET - HYD 3E 57 2.83 ' 2.83, ' CAP E 128 17.52 17. 52 5 MOB 424 8 HYD FLUID 5/ HITEMP LOBE FLOOR-4 SHOWROOM 40 ,36 5.25 . 0 5.25 i ROB ROB 8007 81724 NO LK'RTV.GS" SHOWROOM 3.64 7.28, 1 LAG _ 4°,5 4 J WORKHORSE RA BACKWALL. 10.43 10.113 12 MOB . LGREASF_"/TUBE' MOEIII GREASE/TUBE BK WALL 2.8:3 33.96 ' 20 MOB . MOIIILUBE/QT 85/1481 SHOP .74 14 :80 9 MOB DEL-VA L/55 15W/40 OIL. SHOP ' 2.1712 00 1 18.18 210 13 13 BKX 00072-241-00 PL-OW BOLT TOR ,D 18 SHOP . 77 . 77 1 LAW 54728 CONNEC 1 80 2 ms and electrical: parts. All other returns and must have return authorization. ation. ? page 'Remit to Main Office: Box 612,100 Market Street Lemoyne, PA 17043-0612 Phone (717) 737-6731 Fax(717)731-8937 Email: shaull@epix.net IWNS PARTS - SALES - SERVICE -RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% (18% APR) late fee per month. g?) TOL-1E SHIPTO L13L-:.?,?:_ S'ECIf ?F:12 PAVING & EXL 2701 HAMILTON EAST BUSINESS 209 STROUDSBL.IRG, PA 18:360 .rut-Inl Sfi-for, 5?:; "J_Eh7 l R 'M,.- Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone(412)486-0510 Fax(724)443-4211 Email: shauli@stargate.net 1 ax D (Pty Des c,ri pt ion -- ----.-- - - - --------- --- ---x Price Amount X ` t c RO#3 t F?Y198 BRAKE, CLEAN, WALL.* 1 7,5- 3: !50 , , X ` 1 T3KX'fh/+98c=67i'-00 G4 Rt<}a - 1-IYD' 12, E 57 3 . 6`5 X-. s , 1 8t43(":?@JA1 71 ^7-Q!R1. , EACH 3E 199 197 Sa - `..1'.37.. sf 5 . , X' 1`LAW'tr0:5Q1t', MICK'E)ISC"OK SHi7P 48 X, I%LAW 97358''. - ' , SPLIT-LOOM SHOP ' .3a' . E X LAW (1 - 9 " 8- 5/16 L/W SHOP .10 50 X; ?- c3 R?1D= 710% •. THREAD LOCKE- PEGBOARD 4879 s5 567 X r RbEkl 5666' ' BRAKE CLEAN FK WALL* 1.75 `,01 V' ; 84 R1iX t 00 z7fr, x898-'00' " WIRE _ G' ' PRI 317,148 3E 1313 ?t 1 5` 2^ 4 c 4 4 : ' 4' io X -Q 3 A's-.00 Pf;X ANGLE S N . . d"AW 5733'' '. COIL TERM SHOP . 10^ +?:: ' h ! VW 2t,78' SCREW' SHOP 9 1 16 X. 4 Ti;.AW; A5S8 LOCK WASHER SHOP , 06 24 X 13 I..AW' L?84?9 1!2 fiAF f /W SHOP 20 2. E,(7( X' % 12'LVIW' A 53e?' 1!2 LOCK WAS- SHOP . . E3': 3: ; X 9 LAW` 700 5/8X2,1/2, no ?. 37 I_,.96 X' 10 LAW 88441 - 518 SAE' F/W S13 r+6=° 60 haet and electrical parts. All other: returns srise' rEtSand and trust have return authorization. ? 1ex.t page .Remit to Main Office: Box 612, 100 Market Street Lemoyne, PA 17043-0612 Phone (717) 737-6731 Fax (717) 731-8937 Email: shauli@epix.net §WNS PARTS - SALES - SERVICE - RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% (18% APR) late fee per month. LLl??, ? 4cQ? O SHIP TO LZESI=CKER PAVING &- EXC 2701 HAMILTON EAST BUSINESS 209 STROUDSBURG,PA 18360 JOHN i i, i °t<ur? 1 "GEI-1 I BKX. 1 DKX 4 PRA] 1. FKX 1 BKX 2 LAW LAW ira,ton Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone (412) 486-0510 Fax (724) 443-4211 Email: shaull@stargate.net Ce R1110 3 77 0i1 00 b/8 LUCKNU I GROMMET C46 3D 4 ' 1. 15 1.00 :1. etc 2.00 i4.3-0'38-0! FILTER, 3E 160 18.65 14 51 1kk'- 65 29 0' 4x009->7i8 PADDLE PLOW BOLT" A 44 :3D 18 . 1.00 . 15. ,00 69-01600 'DRIVE SCREW 3E 69 1.00 4.00 47,-387-00 WEAR PLA rE D 14 99.00 7 198.00 57 4 48=414-07 9 RIVET BRAKE- CLEAN 3E 85 k;l{ WALL* 4.5 1. 11?; . 1.79 ; 339 PAINT', YELLOW SHOWROOM 7.65 7:65 W°968-00 GAUGE iE 151 26. 00 28. W 00C-969-°00 GAUGE 3E 151 52.00 52.00 30ti WASHER 5.80 , 23.20 ' 33-174-'00 SWITCH 3F 98 ti2.00 4200 33-970-00 SOCKS "I all 29 126.00 e6.,00 36 1/4X3/4 BOLT SHOP .18 . 45 1/4 USS F/W N7 .18 .54 returns items and electrical parts. All nation. :?and?m??have return authorization. ? Remit to Main Office: Box 612,100 Market Street Lemoyne, PA 17043-0612 Phone (717) 737-6731 Fax(717)731-8937 Email: shaull@epix.net PARTS SALES - SERVICE - RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 1 r/s % (18% APR) late fee per month. 1-9WUDLiESECKER PAVING & EXC SHIPTO ;_'701. HAMILTON FAST' BUSINESS 209 S` I`ROIJDSBURG, Pn 18360 JOHN Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone(412)486-0510 Fax (724) 443-4211 Email: shaull@stargate.net Lit y. escrip aon - - - -- --- - -- - Fir ace Amui.tn 1/4 I--OCKNU7 C4E „.a5 50, PLT'D RH SCRE t 0 491' 1/2,LOCK NUT-SHOP SS '-.1* 10- COTTER PIN c SHOP ..M,-, anr.;:.uv "tAN 866?5 ' f/0 r-ur..n tvu t 1/2X-- 1:I4 130 ',`1. r-tUH i3p 4F, 2 16- ,.,E3K1C0t87OrA 591.? j0 " PL A I'E E80 ' G. 09-, t 1?18° 1 BRX' 001733 94 5 2r0 SWI rcl_f 3F 1P6 . 19.00 "194100" I k1KX k'IL -N3 X343-Orr 1' BKX 00 "4 Oi7-O3 SWITCH MOTOR 3f 12E, E 119 19. Ord 105 00 19, Odd„ 0 t 00' R .LAW, 695 ` ` " TUF-1 ORW. 1,15 ., : `. w ` 5 4 ? BHX 0013 ? ifsr 00 ' SWITCH 3F., 12-7 c • r9:OO 091 11E1.OO 7: Bi(X- 04706-364-00 .. 1 BKX 661331--'944-60' 0133 944--rho WIRE ASSY SWITCH 3 F IP6 I38 09 : Y13E3 .U19 .09 34-:LAW, A 61 3/8 SAE F/W , , k33 1 ) Oi7t e5 1"- 50 43, 4 ' I Aw A1.rg1 1 . 5/18 NUT SHOP 24 , 96 4 :Lf1W.63(t, . 3/E3X1 114[ RO SMpF? .46• dr:ppQc)a1 order items and electrical pans. All other returns-. ?iBs g n a experase .ar d must have return authorization. PAYTHIS ' i d.- 1u n l. i1OX x 4 T page AMOUNT { . Remit to Main Office: Box 612, 100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax (717) 731-8937 Email: shaull*epix.net PARTS - SALES - SERVICE - RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 1 Ye% (18% APR) late fee per month. LE+99 ATOEtESECKk:R PAVING R EXC SHIPTO 27171). HAr+III_-i-ON EAST BUSINESS 209 S'TROUDSBURG,PA 183&D JOHN Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone(412)486-0510 Fax(724)443-4211 Email: shaull@stargate.net ?8 LHW a0g;'JUL3 'AW'881 3lE3X CARR 5!'t3 USS F!W ;aHOP SHOP 74 1.48 }? ' L aW. 1Uiw 3 C'CT1-ER PIN "1 SHOI-' 1 45.. 4!! 11fE8- ;L 1: W X57 .: HAIR FAIN SHbP , ?SFf'.. . ?, 5q.; c. 4' LAW "1:7 23, „ LAW "?57+3 CLAIYIP SCREW SHOE , SHtJP 2,. / ? v. 4b 4 4 •LAW?,141Q. LAW'S27 HX:INCH NUl ' " : 18 .4b.- ": 72 1.84 . 410 LOCK WA5 +.?HOP 04 ".. . 16: 4. 1 .LAW 511 MRX t7a 1 42-2ti"7-00 #1te1 FLAT WAS APRON FLAP SHOP FLOOR-2 » U17 " 153 `45 28 . 1 153.46` 3 'G WAC? SX?SQL!} ; SAC; PA(30go(,.V BLUE HUAP_ ORANGE' SOAP SHOD SHOD ? b. V31, : 6 lily UJ3 y ?` lw; +LAW 637 " " 4 TUF-IORQ C/S SHOP 1J 0 1. c`5 ?14.?AG9 1b 25 4 ! AW 8r7j ?P 9 3!8 LOCKNUT C44 . 36 1 s ?u4 `' u LAW f?`i 4. I_OC K WWSHER Sj IQI - N, I LABAR TOTAL COUNTER PAR- 3 "57` (§, GG ,., YgLaI IJntiru: 9S.7U electrical parts. Another returns ® "' _#' ^'. ,have return authorization.' % x ? tl .Remit to Main Office: Box 612,100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax (717) 731-8937 Email: shaull@epix.net alms PARTS - SALES - SERVICE - RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% (18% APR) late fee per month. LA-WTRIESECI;E13 F'AViN(3 K EX( SHIPTO 2701. Hfa1111_-1'0114 EAST BUS1NESS 201.3 STROUDSPURO,PA 1.E1360 JOW4 Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone(412)486-0510 Fax(724)443-4211 Email: shaull@stargate.net # 1 t71 HL LNS}Ul?t ,..bic'.i3;.. 7„i %El &J14, L # STEEL 3.01Ct ^+ x? z it a]7 Tf,RY F L16, 51 tb A0TIfi7 Rt. F CHAi.ChtS fl OFE a S 2 4? 43 1y 5* %72' `i §r1AEi H L?,EF3 Ghlf? t 114 (? I UE7 ED 19. !y f ? ,?py?syfj, 5?+i?1re"fl??"Sr=T LT1Vt{ F3, f?1 F ? `?4k?x ?ivv, ypn?,t i=, 1,1£} NU 1 IT ?'?1`C'Gf? _'- . . ^ 't .Cl Wx n s 7:;c ? l?7SNr Yiz'24L 1 TI L' 1)(IE I, 0 dEx T=Ills is real parts. All other returns is return authorization. Remit to Main Office: Box 612,100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax(717)731-8937 Email: shauil@epix.net MS SERVICE - RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% (18% APR) late fee per month. L-14OWLTOBESECKE-li PAVING K EXC SHIPTO 2701 HAMILTON EAST BUSINESS 2fZ9 S`fF?GUDSBUPG, FIA :I83GO JOHN Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone (412) 486-0510 Fax(724)443-4211 Email: shaull@stargate.net V4 C;A('SCREW 1UG,M., 1 1/4°.CAPSCREw LOCK, WASHER 42 35 3I UT 17.84- - *# Sf--)L.ES TAX 847.34 rr items'and electrical parts. All other returns- es and must have.. return authorization. $74?# PARTS - SALES - U r r 1 1 G 1.. V r 7 Remit to Main Office: Box 612, 100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax(717)731-8937 Email: shauli@epix.net TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% (18% APR) late fee per month. SOLD TO SHIP TO BES02 BESECKER PAVING & EXC 2701 HAMILTON EAST BUSINESS 209 d 7 Y' BA P® U Ell I oFecriec n?+e Sint ina rnn lnr rv hip By: MACHINE Tax #: --- ax D Qty Description --- -------------------?-------* Pt-icel, AmOunt MISC <PARTS 1 REPAIR OF AUGER CONVEYOR MOTOR 1609.25' 1609.25 1 REPAIR OF AUGERCONVEYOR PUMP- -783.,19 7Q319 FREIGHT CHARGE ** TOTAL MISC PARTS t' 2392..44 SHIPPING &`HANDLING CHARGES 112.59 **'TOTAL FREIGHT CHARGE' 112.59 tr ter items and electrical pads. All other returns r? ises and must have return authorization. '. Remit to Main Office: Box 612,100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax(717)731-8937 Email: shaull@epix.net boms PARTS - SALES - SERVICE - RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% (18% APR) late fee per month. SOLD TO SHIP TO Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone (412) 486-0510 Fax (724) 443-4211 Email: shaull@stargate.net BES02 BESECKER PAVING & EXC 2701 HAMILTON EAST BUSINESS 209 i art. s. < hip By: WILL CALL Tax $3904.55 Remit to Main Office: Box 612, 100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax(717)731-8937 Email: shaull@epix.net Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone (412) 486-0510 Fax(724)443-4211 Email: shaull@stargate.net TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% (18% APR) late fee per month. Post SOLOTO SHIPTO MAY 2 55 I LBEH302' 3ESECKEIR PAVING A EXL MqV 12.71711. t-inm I l_TON Ens r EiUSINESS .'09 i'14 252 00 STROUDSBURG, PA 1.1356 !/( Z aV,.t 4i Oyi>:+1::,411 h'V iF L5d4t_ L+G?C.G.r'tCf[ 'U¢tLe of Cr=!/K1 -.:.`-3C.#C=V d4C J.14VUJ.J r- a 5. ,vvz)-po Shin ?1y: CFM Tax #: ` fa)( D L?ty Description ------- -----__-..----_-------------._x. pi,ice Amount RCFT)IR HYDRAULIC PROBLEMS. CIIF0?{ D. PRESSU&(.,S1 DETERMINED SEVERE. HYDRAULIC: FAILURE. 0 IRE D -,RP I- I is1Dt1 P1JMF75. #itD, t7TIt 1L1C1ERJL'ONU1 YflR; mnTnRS., ,- ZMnJJF.n. WI4r.RI-. - ,. Shave return authorization e Remit to Main Office: Box 612,100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax(717)731-8937 Email: shaull@epix.net PARTS - SALES MS SERVICE - RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% (18% APR) late fee per month. SOLDTO SHIPTO I_BES02 BESECKER PAVING P EXC 2701 HAMILTON EAST BUSINESS 209 STROUDSBURG, PA 113360 Pittsbr&JrEgh P.O.Box8 , e8 Bakers( wn,PA11SVnnF Phone 4 8 b10 Fax (724) -4211 Email: she II starge*?AY ? E 5HAIM, a'fBy. XLL PW 4f:BILL BkSEL;KER Date 5/25/05 SERVICE IN`VOICE'LS3,959B 5h P y ` ;1-f M Tax #: ..r.ax D Uty Description ----------- ----------------------# Price Amount X 5 MOB 424 HYD FLUID 5/ FLOOR-4 40;36 201. B0 X a BKX 00112-816--01 FILTER 3D 4 53.41 160 213, - ** TOTAL COUNTER PARTS 21M'45 -LABOR . l`otal Hours: 134.75 # TOTAL LABOR 115W.00 s MISC FARTS X6 TBC150 T-BOLT CLAMP 4.70+. ;28.20 X 10 TBC175 T-1301-7 CLAMP 4.70 47.0'0 X 1 LABOR & MATERIAL'TO LINE BORE X 1 CHAIN BOX MAKE BUSHINGS 8 INSTAL 77:5.00 775.00 X- 20 16134H A -SAE °10084. HOSE` - 10.10. OW.-110' X 20 2004H 1 1/4,SAE_10084 HOSE 13.231 266.20 * TO'T'AL MISC PARTS 1u1?:40 ` *# S'UBToTAL 15033.85 'vZ 1-AX 3U4. 1` id 4 turnsb s acial order items and electrical- arts. All other returns ? " "Mat s pping expenses an must aye'return au onza ion. ?+ Remit to Main Office: Box 612, 100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax(717)731.8937 Email: shaull@epix.net MS SERVICE - RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 1 Yz% (18% APR) late fee per month. SOLDTO SHIPTO BES02 BESECKER PAVING & EXC 2701 HAMILTON EAST BUSINESS 209 Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone(412)486-0510 Fax(724)443-4211 Email: shauil@stargate.net eQ ,? tiQ?S $1.37 PARTS - SALES - Remit to Main Office: Box 612, 100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax(717)731-8937 Email: shaull0epix.net DIMS PARTS - SALES - SERVICE - RENTALS TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 11/2% (18% APR) late fee per month SOLD TO SHIP TO 1-f3ES02 BE_SECKFR PAVING & FXC 2701 1-4911111--TON EAS'T - W.1SINESS 09 13l ROUDSB 4RG, PA 1.8360 syAl, Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone(412)486-0510 Fax (724) 443-4211 Email: shaull@stargate.net MAY 3 1 2005 Ppsrto 1VAV 3 Ship LEM IdX #: w• .? F .ruvrrm r autaart? lax 1) City Desev,iption -------------------------------...---------°-?. Pr,iCe Am0Unt: ENS'INE'. WILL, NOT START. ppRRIP! TO TOUFFER, DIESEL AND PICKED UP FUEL SHUT OFF= SQL.E- F1O F NA O T NUED ' ' . : TQ CUSTOMERS JOB SITE. REMOVED AND REPLACED S?{LF OF SOLFNgID, 41-IECKED OPERATIONS OF MACHINE EVERYTHIN0 Fi? ' > £ OUTOK Ar..THIS TIME. COUNTEN 'ARTS S"f At 53 45 SHUTDOWN. KIT $; K x.'36 1 LAW 25"63 ` .36 84 RING TONGUE SHOP .71 1 %LAW 3 52!3141-2 RECEPTACLE ,.SHOP,,, 43. ' -°1 : X ax TOTAL COUNTER PARTS Lf?5 1; Total HaUr s. t,.5O fi3 1.1 '' r. , ate TOTAL LADOR MI?a?.t1?f=7RT;a i /fF97`cr ~~8 1 p31. No T6tums on°s eelal order items. and electrical parts. All other returns 131 kieg Albs shi ping expenses and must have return authorization. 1 1 ` t • h loss U2 {fp nex T page a.ek.^£ 2, s z , c? LY ? Remit to Main Office: Box 612, 100 Market Street Lemoyne, PA 17043-0612 Phone(717)737-6731 Fax(717)731-8937 Email: shaull@epix.net PARTS SALES - SERVICE - RENTALS Pittsburgh Branch P.O. Box 87, Route 8 Bakerstown, PA 15007 Phone(412)486-0510 Fax(724)443-4211 Email: shaull@stargate.net TERMS: NET 30 DAYS. Accounts over 30 days will be subject to 1'/2% (18% APR) late fee per month. SOLD TO SHIP TO LBES02 BESECKER PAVING & EXC 2701 HAMILTON E AS-f BUSINESS 209 STROUDSBURG,PA IS360 N x -c. 0 u m N ? i N JUL-06-2005 14:11 STATEMENT Shaull Equipment & Supply Co. BOX 612 LEMOYNE, PA 17043-0612 TELEPHONE - (717) 737-6731 i "r'. EW01 am 00 e $' 2501. 'kiVittdn East Business 209 Stroudsburg PA 18360 DATE: 06/08/05 LBE502 PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE $--°°° AMOUNT ENCLOSED NOTICE: SEE. ACCOMPANYING STATEMENT ON RACK FOP IMPORTANT REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS !! (, ef- P. 02/02 TOTAL P.02 VERIFICATION COMPANY NAME: SHAULL EQUIPMENT & SUPPLY COMPANY I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. $ 4904 relating to unsworn falsification to authorities. Dated: 7 G _? $WL?i `? - K ' _ 1 Title /, T7 p ? ? - II:J N SHAULL EQUIPMENT & SUPPLY CO. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY Plaintiff V. Civil Action - Law BESECKER PAVING & EXCAVATION COMPANY Defendant No. 69- 3S06 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel of record for the defendant, Besecker Paving & Excavation Company in the above captioned matter. Dated: Wilkes-Barre, Pennsylvania August 9, 2004 SMITH, FORD & ASSOCIATES, P.C. By: Thomas F. Ford I.D. 40594) 334 South Franklin Street Post Office Box 113 Wilkes-Barre, Pennsylvania 18703-0113 (570) 820-7845 (570) 820-8444 (FAX) tff@sfalaw.com (E-mail) Attorney for the Defendant, Besecker Paving & Excavating Company Certificate of Service The undersigned counsel of record for the plaintiff hereby certifies that a true and correct copy of the foregoing Entry of Appearance was this date requested to be served by the Cumberland County Prothonotary upon the plaintiff's counsel via first class mail, postage prepaid, at the below listed address: Purcell, Krug & Haller. Attn: John W. Purcell, Esquire 1719 North Front Street Harrisburg, Pennsylvania 17102-2392 Dated: August 9, 2005 Wilkes-Barre, Pennsylvania 4 A IZI .? O SHAULL EQUIPMENT & SUPPLY CO. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY Plaintiff V. Civil Action - Law BESECKER PAVING & EXCAVATION COMPANY Defendant No. OE- ENTRY . r v C??zw? OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel of record for the defendant, Besecker Paving & Excavation Company in the above captioned matter. Dated: Wilkes-Barre, Pennsylvania August 9, 2004 SMITH, FORD & ASSOCIATES, P.C. By: 'L Shannon L. Crake (Pa. Bar I.D. 92349) 334 South Franklin Street Post Office Box 113 Wilkes-Barre, Pennsylvania 18703-0113 (570) 820-7845 (570) 820-8444 (FAX) slc@sfalaw.com (E-mail) Attorney for the Defendant, Besecker Paving & Excavating Company Certificate of Service The undersigned counsel of record for the plaintiff hereby certifies that a true and correct copy of the foregoing Entry of Appearance was this date requested to be served by the Cumberland County Prothonotary upon the plaintiff's counsel via first class mail, postage prepaid, at the below listed address: Purcell, Krug & Haller. Attn: John W. Purcell, Esquire 1719 North Front Street Harrisburg, Pennsylvania 17102-2392 Dated: August 9, 2005 Wilkes-Barre, Pennsylvania C7 o O C= ' Ga„ 'n < ???` y„ ct ,-i ? c ? ?>>. ? ?? -?, ? i ?-rt -> '; ? + ' m : r N V :? W n :? SHAULL EQUIPMENT & SUPPLY CO. Plaintiff vs. BESECKER PAVING & EXCAVATION COMPANY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED No. of 2005 DEFENDANT BESECKER EXCAVATING & PAVING, INC.'S ANSWER, NEW MATTER AND COUNTERCLAIMS TO PLAINTIFF SHAULL EQUIPMENT & SUPPLY CO.'S COMPLAINT 1. The defendant is informed, believes, and therefore avers that the allegations in this paragraph of the Complaint are true. 2. It is denied that there is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania named Besecker Paving & Excavation Company. The correct name of the defendant is Besecker Excavating and Paving, Inc. (hereinafter "Besecker). 3. Admitted only that Besecker requested the plaintiff to fix a piece of its equipment, namely a paver, based on a December 2004 estimate given by the plaintiff to do so. 4. Denied as stated. To the contrary, the defendant hired the plaintiff to fix a piece of equipment. Each time the piece of equipment was returned to the defendant in unsatisfactory condition, the defendant had to return it to the plaintiff's place of business. Count I Account Stated 5. The responses contained in the above paragraphs 1-4 are hereby incorporated herein by reference. 6. After reasonable investigation, the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 7. Denied as stated. The defendant requested the plaintiff only to make certain repairs to its paver. Reference is respectfully made to the documents attached as Exhibit A which speak for themselves. 8. Admitted only that plaintiff submitted invoices to the defendant. The accuracy of these invoices is in dispute. 9. Denied. It is denied that all charges contained on the invoices are fair and reasonable. In further response thereto, it is denied that all charges were agreed to by the defendant in advance. 10. After reasonable investigation, the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 11. Admitted. 12. Denied. The defendant denies that the account is true and correct. The defendant denies that it is indebted to the plaintiff in the sum of $38,842.68. 13. Admitted that the defendant has not paid the sum demanded by the plaintiff. In further response thereto, the sum of $38,842.68 is in dispute as defendant 2 never authorized or agreed to an expenditure of $38,842.68 to fix the equipment in question and the plaintiff failed to repair the machinery. COUNT II Breach Of Contract 14. The responses contained in the above paragraphs 1-13 are hereby incorporated herein by reference. 15. Denied. In further response thereto, the defendant never agreed to pay for goods and merchandise totaling $38,842.68. 16. Admitted that the defendant has not paid the sum demanded by the plaintiff. In further response thereto, the sum of $38,842.68 is in dispute as defendant never authorized or agreed to an expenditure of $38,842.68 to fix the equipment in question. WHEREFORE, the defendant demandsjudgment against the plaintiff thereby dismissing this action and awarding any other such relief that is appropriate underthe circumstances. NEW MATTER 17. The responses and allegations contained in the above paragraphs 1-16 are hereby incorporated herein by reference. 18. The defendant contacted the plaintiff in December of 2004 for a repair estimate on their PF 150 Blaw Knox Paver (hereinafter "Paver") in order to determine whether it was more cost efficient to repair the Paver or purchase a new paver. 3 19. A representative of the plaintiff claimed to have thoroughly inspected the Paver and represented to Besecker that the complete cost to fully repair would not exceed $13,000.00. 20. Based on this estimate, the defendant determined that the more feasible course of action would be to have the Paver repaired, therefore, the defendant accepted plaintiffs proposal to do the repair work. 21. The defendant had the Paver transported to the plaintiff's place of business in early January of 2005 for the purpose of having repairs performed. 22. The plaintiff had contacted the defendant prior to the completion of repairs stating that some additional repairs were needed and the actual cost of the repairs would be approximately $2,000 more than the December estimate. The defendant consented to these repairs and the cost increase. The total cost incurred was $14,969.67. 23. The plaintiff returned the Paver to Besecker in early April of 2005 representing that it had been fully repaired and was completely operational. 24. The Paver broke down on the first day that the defendant attempted to use it after repairs had allegedly been made. 25. From April 2005 until August 2005, the defendant experienced numerous difficulties with the use of the Paver on approximately 30 different occasions due to the Paver not being correctly repaired by the plaintiff. 4 26. The defendant had asked the plaintiff repeatedly to repair the Paver as promised. 27. Each time the Paver had allegedly been repaired, as represented by the plaintiff, the defendant continued to experience difficulty getting the Paver to run properly. 28. On May 25, 2005, the plaintiff performed unauthorized work on the hydraulic system of the Paver and billed the defendant $15,935.88 for said work. 29. The defendant had to rent a paver for the period of May 16, 2005 to June 1, 2005 at a cost of $2,650 in order to perform jobs they had been contracted to undertake. 30. The defendant lost approximately $42,285.00 in labor to mechanics and pave crews due to the Paver continuously breaking down. 31. As of August 2005, the plaintiff did not have the Paver operational. 32. Due to the plaintiff improperly installing drive chains on the Paver, the Auger Trans Case Weldment was destroyed. 33. The cost to replace the Auger Trans Case Weldment, which will be repaired by a third party, is $4,328.99. 34. The defendant also had another company perform the repairs needed on the Paver in an attempt to make it operational that plaintiff was contracted to do but was unable to perform. 35. The cost of these repairs was $7,561.16. 5 36. The allegations in plaintiffs' Complaint are barred by the Statute of Frauds. 37. The plaintiffs' claims are barred by the Doctrine of Estoppel. 38. The plaintiffs' claims are barred by Unclean Hands. 39. The plaintiffs' claims are barred by failure of consideration. COUNTERCLAIMS Count I Breach of Contract 40. The responses and allegations contained in the above paragraphs 1-39 are hereby incorporated herein by reference. 41. The plaintiff has failed to perform in accordance with the contract. 42. The plaintiff has failed to act pursuant to the contract or to perform the contract in accordance with the promises and representations made by the plaintiff. 43. The plaintiff failed to perform the contract within a reasonable time. WHEREFORE, the defendant demands judgment in favor of the defendant and against the plaintiff in the amount of the amended contract price of $14,969.67 plus $56,825.15 for consequential and incidental damages or such other amount as may be proved at the trial of this action, together with pre-judgment and post- judgment interest on said amounts from the dates of the expenditure of the same, together with such other and further relief as may be appropriate under the circumstances. 6 Count II Negligent Misrepresentation 44. The responses and allegations contained in the above paragraphs 1-43 are hereby incorporated herein by reference. 45. The representations made by plaintiff referenced above were untrue. 46. The plaintiff knew that the defendant would regard the representations made by the plaintiff as facts of importance in determining whether to have the Paver fixed or to purchase a new one. 47. The plaintiff either (a) knew of the misrepresentation, or (b) made the representation under circumstances in which he ought to have known of their falsity. 48. The plaintiff intended forthe defendant to act upon its representations. 49. The defendant did in fact rely upon plaintiff's misrepresentations to its detriment. WHEREFORE, the defendant demands judgment in favor of the defendant and against the plaintiff in the amount of the amended contract price of $14,969.67 plus $56,825.15 for consequential and incidental damages or such other amount as may be proved at the trial of this action, togetherwith reasonable attorney's fees, pre- judgment and post-judgment interest on said amounts from the dates of the expenditure of the same, together with such other and further relief as may be appropriate under the circumstances. 7 Count III Fraud 50. The responses and allegations contained in the above paragraphs 1-49 are hereby incorporated herein by reference. 51. The plaintiff misrepresented that they had thoroughly inspected the Paver and further misrepresented to Besecker that the complete cost to fully repair would not exceed $13,000.00. 52. The plaintiff fraudulently uttered the aforesaid misrepresentations to Besecker. 53. The plaintiff intended to induce Besecker to take action based on its fraudulent misrepresentations. 54. Besecker justifiably relied upon the plaintiff's misrepresentations as to the cost of repairing the paver. 55. The defendant has suffered monetary damages in the amount of $56,825.15. WHEREFORE, the defendant demands judgment in favor of the defendant and against the plaintiff in the amount of the amended contract price of $14,969.67 plus $56,825.15 for consequential and incidental damages or such other amount as may be proved at the trial of this action, togetherwith reasonable attorney's fees, pre- judgment and post-judgment interest on said amounts from the dates of the 8 expenditure of the same, together with such other and further relief as may be appropriate under the circumstances. Count IV Unjust Enrichment 56. The responses and allegations contained in the above paragraphs 1-55 are hereby incorporated herein by reference. 57. The plaintiff will be unjustly enriched if the defendant is ordered to pay $38,842.68 for repairs that were never done correctly. The Paver was never made operational by the plaintiff. Furthermore, the defendant experienced damages due to plaintiff's inability to repair the Paver as promised at the represented price. 58. The plaintiff will be unjustly enriched if they are not ordered to compensate the defendant for damages caused by the plaintiff. WHEREFORE, the defendant demands judgment in favor of the defendant and against the plaintiff in the amount of the amended contract price of $14,969.67 plus $56,825.15 for consequential and incidental damages or such other amount as may be proved at the trial of this action, together with reasonable attorney's fees, pre- judgment and post-judgment interest on said amounts from the dates of the expenditure of the same, together with such other and further relief as may be appropriate under the circumstances. 9 Count V Recission 59. The responses and allegations contained in the above paragraphs 1-58 are hereby incorporated herein by reference. 60. WHEREFORE, the defendant respectf ully requests that the Court enter judgment in favor of the defendant and against the plaintiff rescinding the contract, and awarding the defendant the amended contract price of $14,969.67, together with $56,825.15 to be proved at the trial of this action, sufficient to compensate the defendant for consequential and incidental damages, together with reasonable attorney's fees, pre-judgment and post-judgment interest on said amounts from the dates of the expenditure of the same, together with such other and further relief as may be appropriate under the circumstances. Dated: September 1, 2005 Stroudsburg, Pennsylvania SMITH, FORD & ASSOCIATES, P.C. By. Shmr,/111an 62? Thomas F. Ford, Pa. Bar No. 40594 Shannon Crake, Pa. Bar No. 92349 334 South Franklin Street Post Office Box 113 Wilkes-Barre, Pennsylvania 18703-0113 800.728.1406 570.820.8444 (fax) Attorneys for the Defendant 10 Verification The undersigned hereby verifies that the factual allegations set forth in the foregoing Answer, New Matter and Counterclaims are true based upon her information and belief. This verification is based upon information provided by the defendant, who was traveling outside the jurisdiction of the court and was unable to provide a verification within the time permitted. This verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. &U4= aO Certificate of Service The undersigned counsel of record for the defendant hereby certifies that a true and correct copy of the foregoing Answer and New Matter was this date served by regular first-class mail, postage prepaid, upon the plaintiffs counsel of record at the below listed address: Purcell, Krug & Haller Attn: John W. Purcell, Jr., Esq. 1719 North Front Street Harrisburg, Pennsylvania 17102 Dated: September 1, 2005 Stroudsburg, Pennsylvania .Sha„tn'm eke, r? <"' 1 ? T cif .? 7 ! ?i? ..t) i _,?j _i `i, - ' ?? ? ? ? <") ' r? l ? '1 .• 4 1=' AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 05-3500 Plaintiff: SHAULL EQUIPMENT & SUPPLY CO. County of CUMBERLAND vs. Defendant: BESECKER PAVING & EXCAVATION COMPANY For: John W. Purcell Jr. PURCELL, KRUG & HALLER Common Pleas Court Received by CHOICE PROCESS - TAMPA on the 22nd day of July, 2005 at 9:33 am to be served on BESECKER PAVING & EXCAVATION COMPANY, 2701 HAMILTON EAST, BUSINESS 209, STROUDSBURG, PENNSYLVANIA 18360. I,Robert F. Harris , being duly sworn, depose and say that on the 29th _ day of July 2p 05at 8 51A .m., executed service by delivering a true copy of the NOTICE AND COMPLAINT IN MORTGAGE-FORECLOSURE in accordance with staie statutes in the mariner marked below: () PUBLIC AGENCY: By serving of the within-named agency. () SUBSTITUTE SERVICE: By serving as as x? I CORPORATE SERVICE: By serving Anita Swartz as Payroll Manager () OTHER SERVICE: As described in the Comments below by serving as () NON SERVICE: For the reason detailed in the Comments below. COMMENTS: white female, age 39, 5'3", 150 lbs. brown hair I certify that I have no interest in the above action. am of legal age and h3vs proper autho6iy iii the jurisdiction in which this service was made. Subscribed and Sworn to before me on the 29 day of Jul Y , 2005by the affiant who is isonally known to me. NOTARY PUBLIC PROCESS SERVER# ert F. Harris Appointed in accordance with State Statutes CHOICE PROCESS - TAMPA P.O. Box 1215 Tampa, FL 33601 (813) 229-1444 NOTARIAL SEAL PATRICIA L M MONGIELLO Our Job Serial Number: 2005003562 cis - ?soa 6 rtL ,. Notary Public DUPIMORE BOROUGH LACKAWANNACOUNTY Copyrihl019l32-2005 Database Servicas,Inc.-ProcessSewers ioalboxV5.5j M Commission Ex ires A r 1, 2006 r? r. r- ?, .? :..? " ,; • _ ? ?, < , ? , r ? ? ? ?, c..? `''? ` t-, C3? Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHY M. BROWN, Plaintiff VS. DANA L. BROWN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03 - 3500 CIVIL TERM R; IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 23, 2003. .7i 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE : C ~ CAS Kathy Brown Andrew C. Sheely, Esquire 127 S. Market Street Y.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-597-7065 (Fax) KATHY M. BROWN, Plaintiff VS. DANA L. BROWN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03 - 3500 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 93301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. I :? DATE: k T? Kathy M. rown Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHY M. BROWN, Plaintiff VS. DANA L. BROWN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA s CIVIL ACTION - LAW 03 - 3500 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 23, 2003. I acknowledge that my attorney accepted service of the divorce complaint on my behalf on July 24, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: Dana L. Brown ?_., y (. -? Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHY M. BROWN, Plaintiff VS. DANA L. BROWN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03 - 3500 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF ZNTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE:. 3 0-57 a"C' g Dana L. Brown John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com SHAULL EQUIPMENT & SUPPLY CO., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-3500 CIVIL TERM BESECKER PAVING & EXCAVATION COMPANY, Defendant : CIVIL ACTION-LAW PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM 17. No response required. 18. Denied as stated. The Defendant contacted the Plaintiff for repair estimates. Defendant's subjective purpose for contacting the Plaintiff is unknown. 19. Denied as stated. The Defendant requested an estimate of the cost to repairs based on the Complaints of the Defendant. An estimate was given. An estimate is not a guarantee that the cost to fully complete the repair of the machine would not exceed a certain amount. In this case it was only an estimate of the cost to repair the visible problems. Actual costs would depend on what occurred once the machine was taken apart and actual problems were ascertained. As Defendant admits, those costs actually went up. 20. Denied. As this allegation involves the Defendant's subjective of motivations, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 21. Admitted. 22. Admitted that the Plaintiff , upon additional inspection of the machine, found that additional repairs were needed, which the Defendant agreed to. 23. Denied as stated. The paver was returned to the Defendant by the Plaintiff with representation that all the repairs were made in accordance with the Agreements of the parties. No used machine is ever returned to the owner with the guarantee that the machine will be fully operational, nor the implied assertion of the Defendant that they would have no further problems with it. 24. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 25. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 26. Denied as stated. Defendant had requested repairs to the paver. Defendant's characterization of repeated requests were denied. The machine was repaired at those times requested by the Defendant, as reflected in the records of the Plaintiff. 27. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. In further reply, Defendant has owned the paver for approximately five years. Defendant as the owner of the paver, is responsible for daily maintenance and care of the paver which maintenance is required to insure that major repairs are not needed in the future. The general life span of a paver of this nature is approximately five to seven years. Repairs and maintenance are to be expected especially if the machine is not maintained properly by the owner, which this machine was not. The repair bills incurred by the Defendant were certainly not out of line for the age of the machine, the level of use and maintenance incurred by the Defendant, and the neglect of the owner. 28. Denied as stated. The Defendant delivered the paver to the Plaintiff asking that it be repaired. All repairs needed on the paver were made by the Plaintiff and authorized by the Defendant. 29. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. It is believed and therefore averred that on one occasion the Plaintiff provided, free of charge, a brand new paver for the Defendant's use, despite having no requirement to do so. 30. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 31. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. It is admitted that for periods in which the paver was being repaired, it would not have been in the possession of the Defendant. 32. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 33. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 34. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 35. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 36. Denied as a conclusion of law. 37. Denied as a conclusion of law. 38. Denied as a conclusion of law. 39. Denied as a conclusion of law. COUNTERCLAIMS COUNTI BREACH OF CONTRACT 40. No response required. 41. Denied. To the contrary, Plaintiff has performed in accordance with the contract of the parties, for which Plaintiff has not been paid as more fully set forth in the Complaint. 42. Denied as a conclusion of law, and as more fully set forth above. 43. Denied as a conclusion of law. In further reply, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff requests the Honorable Court to enter judgment in favor of the Plaintiff and against the Defendant and dismiss the Counterclaim and enter judgment on the Complaint. COUNT II NEGLIGENT MISREPRESENTATION 44. No response required. 45. Denied as more fully set forth above. 46. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 47. Denied as more fully set forth above. 48. Denied as a conclusion of law. 49. To the extent this allegation contains matters of fact, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff requests the Honorable Court to enter judgment in favor of the Plaintiff and against the Defendant and dismiss the Counterclaim and enter judgment on the Complaint. COUNT III FRAUD 50. No response required. 51. Denied as a conclusion of law and as more fully set forth above. 52. Denied as a conclusion of law. 53. Denied as a conclusion of law and as more fully set forth above. 54. Denied as a conclusion of law. 55. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. In further reply, Defendant has failed to state a cause of action for fraud, and Defendant's claim for fraud is both specious and frivolous. WHEREFORE, Plaintiff requests the Honorable Court to enter judgment in favor of the Plaintiff and against the Defendant and dismiss the Counterclaim and enter judgment on the Complaint. COUNT IV UNJUST ENRICHMENT 56. No response required. 57. Denied as a conclusion of law. In further reply, Defendant may not recover on an unjust enrichment claim when it has an adequate remedy under contract. 58. Denied as more fully set forth above and as a conclusion of law. WHEREFORE, Plaintiff requests the Honorable Court to enter judgment in favor of the Plaintiff and against the Defendant and dismiss the Counterclaim and enter judgment on the Complaint. COUNT V RECISSION 59. No response required. 60. Denied. The allegation is denied as the Defendant has failed to set forth a cause of action for a recission, is not entitled to consequential or incidental damages, nor attorney's fees on its claim. WHEREFORE, Plaintiff requests the Honorable Court to enter judgment in favor of the Plaintiff and against the Defendant and dismiss the Counterclaim and enter judgment on the Complaint. Respectfully submitted. PURCELL, KRUG & HALLER BY John . Purcell, Jr. I.D. # 9955 Ziis North Front Street burg , PA 17102 (717) 234-4178 VERIFICATION COMPANY NAME: SHAULL EQUIPMENT & SUPPLY CO. I verify that the statements made in the foregoing Plaintiff's Response to Defendant's New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. § 4904 relating to unsworn falsification to authorities. Dated: '?O - ?-C' " Q 5 Lester W. Gi anni, Jr. Title ?? CERTIFICATE OF SERVICE I, John W. Purcell, Jr., Attorney for the Plaintiff Shaull Equipment and Supply Co., hereby certify that a true and correct copy of the foregoing was served on the Defendant Besecker Paving & Excavation Company by sending said copy by first class U.S. mail on October 20, 2005: Shannon L. Crake, Esquire Smith, Ford & Associates, P.C. 334 South Franklin Street P.O. Box 113 Wilkes-Barre, PA 18703-0113 fiN W. PURCELL, JR. . NO. 29955 r-, h, ,. -- , •-, , - _..., f ri .. _. ,_,?, :;-? Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor e)S-J-S'0C) CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29T'4 DAY OF OCTOBER 2008 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