The URL can be used to link to this page

Home My WebLink About06-6378 Christopher E. Rice, Esquire J.D. Number 90916 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs E & G SERVICES, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2006 - t3 7<6 ~ HEL WIG CONSTRUCTION, CO., Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VEALA WYER, 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 LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 170 l3 (717) 249-3166 F:\FILES\DA T AFILEIGeneralICurrenIII1873.4,comlmah Created: 11/05101 09:49:53 AM Revised: 10/31/0611:23:07 AM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs E & G SERVICES, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2006 - (,.J 7 f C;:;1u-; HEL WIG CONSTRUCTION, CO., Defendant COMPLAINT AND NOW, comes the Plaintiff, E & G Services, Inc., by and through its attorneys, MAR TSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: l. Plaintiff, E & G Services, Inc., is a Pennsylvania corporation with a registered address at 2725 Enola Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Helwig Construction Co., is a Pennsylvania company with a registered address at 35 Dogwood Lane, Manchester, York County, Pennsylvania l7345. 3. Plaintiffis in the business of providing services, mainly electrical, to certain businesses and individuals. 4. Plaintiff has provided services to Defendant at 1388 Mt. Carmel Road, Orrtanna, Pennsylvania. 5. Plaintiffhas provided services to Defendant for a total value of$2,42I.00 A true and correct copy of Plaintiff s invoice is attached hereto as Exhibit "A." 6. Defendant has failed to pay for such services and therefore is liable to Plaintiff for the amounts owed plus interest and costs. 7. Despite repeated demands, no payments have been made by the Defendant for arnounts due nor has Defendant disputed this debt. COUNT I - BREACH OF CONTRACT 8. Plaintiffhereby incorporates by reference the averments contained in paragraphs 1 through 7 as if fully set forth. 9. Defendant has breached an expressed or implied agreement, directly or through agents, to pay for the goods and services provided to Defendant from Plaintiff and/or Plaintiffs agents. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of$2,4 21.00 plus interest and costs. COUNT II - QUANTUM MERUIT 10. Plaintiffhereby incorporates by reference the averments contained in paragraphs 1 through 11 as if fully set forth. 11. Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount of $2,421.00. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of$2,421.00, plus interest and costs. MARTS ON DEARDORFF WILLIAMS & OTTO Date: I 0 ~ 3 I - 0 V /) /7. (-- if By~~~ ) f'- Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Oct 02 06 07:40p ,Joseph A. Gaito 717-258-6538 E&G Services, Inc. 2725 Enela Road Carlisle, PA 17015 Date Invoice # Bill To Helwig Construction Co. George Helwig P,O. Box 212 Mechanicsburg, Pa. 17055 P.o. # Terms George Helwig Due on receipt 6119/2006 Due Date DesCription Electrical work 10 finish and correct wiring at 1388 Mt. Carmel Road, Ortanna Labor 618,6/9,6/12,6/13.6/14 63.5hrs @ $36/hr $2286.00 , Materials: (4) old work boxes, (1 0) 20amp duplex outlets and covers,(2) 20 amp single outlets and covers,(1) 3 gang switch p'ate,(3) single gang blank piateS,(3) 4" fan wrap around fan boxes,(4)metal single gang metal boxes,(2) grid hangers,(2) OCtagon metal boxes.(2)single gang nail-ons,(50ft)14-2 romex,(20}3/8 romex connectors Materials cost $135.00 Total invoice cost: $2421.00 Thank for your Business. jagaito@comcast.net Total 717-258-3206 Fax 717-258-6538 EXHmIT "A" p.2 611912006 92 Amount 2,421.00 $2,421.00 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of l8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that in make knowingly false averments, I may be subject to criminal penalties. ~~ J~ph A. Gaito, President E & G Services , ~ ~ , ~ ~ '\J': "'':' ~ { , ......~ 9 0... '\ ~ ::~ 1"1 .'--". ::;1 "- ~ CA. ~, j c' ~ ni.::T1 "" '\J '\ ~ I -~;~ ~ "- ~ ~ '\ ~ \ :;:J \ '. \J . \. -~ ,'-- r 5 i~I~;: ~ -- 1":;:> ~ ~ , a ,--I ~ .J:;'Jo ~ ::n --< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E & G SERVICES, INC. PLAINTIFF NO. 2006-6378 vs. : CIVIL ACTION - LAW GEORGE E. HELWIG, d/b/a HELWIG CONSTRUCTION CO. Defendant. : JURY TRIAL DEMANDED ANSWER AND NOW, comes the Defendant, Helwig Construction Company (Helwig), by and through its attorney, Thomas R. Nell, Esquire, and files this response to the complaint, as follows: 1. Admit 2. Admit 3. Admit 4. Admit 5. Admit in part, deny in part: Admit that services were tendered; Deny that the time and materials represented are correct. 6. Admit 7. Deny in part, Admit in part: Admit that money is owed, deny the amount of money. Deny that the amount was not disputed. 8. answer not required 9. Insufficient specificity to answer: Deny 10. answer not required II.Deny in part, Admit in part: Deny the amount of the enrichment .. 1 ... WHEREFORE, the Defendant, Helwig, respectfully requests that this Honorable Court enter judgment in favor of the Defendant. n~Ubmi~' Thomas R. Nell, Esq. Attorney for Defendant 340 Nell Road East Berlin, PAl 7316 (717)-259-1111 Supreme Ct. LD.# 72868 AFFIDA VIT I verify that the statements made in this Answer 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. elwig Construction, C George E. Helwig 2 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA E & G SERVICES, INC. PLAINTIFF NO. 2006-6378 vs. : CIVIL ACTION - LA W HEL WIG CONSTRUCTION CO. Defendant. : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 28th day of November, 2006, a true and correct copy of the Defendant's Answer was mailed by first class mail: Christopher E. Rice, Esq. Ten East High Street Carlisle, PA 17013-3093 nJ Thomas R. Nell, Esq. Attorney for Defendant 340 Nell Road East Berlin, PAl 7316 (717)-259-1111 Supreme Ct. LD. # 72868 1 (') c ~ lJ [T- nlr:, 7Vj ;~,(. (j) .-t,:" r:: "'-'0-, ~~.;:'"' ,.", ~,~'~" j.~ ' ~~(,! .i> C_ -;- ~ I"-.) = <= CF' o rrt n I ~ ~:n -Or:;; :09 (~Cl 'Lj3 '90 om --I ~ -0 :x .x::- o en SHERIFF'S RETURN - OUT OF COUNTY \ '.. CASE NO: 2006 - 06378 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND E & G SERVICES INC VS HELWIG CONSTRUCTION CO R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HELWIG CONSTRUCTION CO but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 29th, ~06 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage 18.00 9.00 10.00 29.68 1.26 67.94 11/29/2006 MDW&O County / \./ '-~ I J.-/O~JDL, Sworn and subscribe to before me this day of A.D. \ 1 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 E & G Services, Inc. INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES , 1 V 1 L 2 COURT ~UMBU\..8 1- Ub-bj/ C1Vl SHERIFF SERVICE PROCESS R.ECEIPT and AFFIDAVIT OF RETURN I PLAINTlFF/S/ Helwiq Construction Co. 4 TYPE OF WRIT OR COMPLAINT Civil Carrplaint C I C A 3 DEFENDANT/Sf SERVE { 5 NAMIE OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD ...... Helwig Construction Co. ..".. 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY, BORO. TVVP . STATE AND ZIP CODE) AT 35 Ibgwood Lane, Manchester, PA 17345 -- 7 INDICATE SERVICE 0 PERSONAL LJ PERSON IN CHARGE X!XOEPUTIZE '..J CERT MAIL U 1ST CLASS MAIL U POSTED '..J OTHER NOW NOVEmber 2 ,2006_ I, SHERIFFCCW~CbUNTY, PA"do hereby deP.'!JU1 i~~ the sheri~' York _ COUNTY to execute thisWrir~make r~turn~'accordlnq to Jaw. This deputization being made at the request and risk of the plaintiff, -? )>-..?~'?'~X'..;:,. ~~/'~-"-'~ -_ . SHERIFF OF yoRK COUNTY 8, SPECIAL INSTRUCTIONS OR: OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERV~tI T 0 F C 0 lJ N T Y Cumberland DVANCE FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN - Any deputy shenff leVYing upon or attachmg any property under Within wnt may leave same without a watchman. in custody of whomever is found In possession. after notlfymg person of levy or attachment. Without liability on the part of such deputy or the shenff to any plalnllff herein for any loss. destruction, or removal of any property before shenffs sale thereof 9, TYPE ~E and ADDRESS of ~TTORNEY / ORIGINATOR and SIGNATUREC'\ {, J-~. \\ J c~- I . v.'~ ; Chrlstopher E. Rice, Esq. ./ 'lAl/~ (. . -.I- ... / / I H.}, U 10 East Hiqh St.., Carlisle, PA 17013 ' / 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW (This area mUlit PI: GOmpleted If notJce IS to be mailed) Christopher E. RIce, Esq., Martson Deardorff Wllllams & Otto 10 East High Street, Carlisle, PA 17013 CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF TtE SHERFF - DO NOT WRITE BELOW TtIS LINE 13 I acknowledge receipt of the wrrt 14 DATE RECEIVED or complaint as mdiCated abolle t"1 J M C G ILL yeS 0 11 / &/ 2 0 0 6 ./' 16 HOW SERVED PERSONJlIL r/ RESIDENCE ( ) 10 TelEPHONE NUMBER 11 DATE FILED 717-243-3341 11/1/2006 15 Explratlon/Heanng Date 12/1/2006 POSTED ( POEt ) OTHER ( SEE REMARKS BELOW 23 Advance Costs $100.00 rm~ 45 DATE ,~ .,- 1_,- -(J~ DATE 48 Signa lure of Forecg" -, '-'.'- . ..... . -~ ~__ County Shenff 50. I ACKNOWlEDGE RECEIPT OF THE SHERIFF.S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 11 22L.QL, 49 DATE 1. WHITE. Is.sulng AuthOrity 2 PINK, Attorney 3 CANARY. Shenffs Office 4 BLUE, Shenff's Office E & G SERVICES, INe. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. GEORGE E. HELWIG d/b/a HELWIG CONSTRUCTION, CO., Defendant NO. 6378 20~ RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, TIlE JUDGES OF SAID COURT: Christopher E. Rice I Co th I' ti"ffld Co d t' the above . counse lor e p am elen an m action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 2,421. 00, plus interest and costs of suit The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Thanas R. Nell, Esquire, 340 Nell Road, East Berlin, PA 17316 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, CLzhJ-) ~ ORDER OF COURT AND NOW, . 200---, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above petition, Esq., and captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY - (") c:. - ~.".... -0(;' r"nr\ E~'~~ r-) ~ '3 c.- ~ -'- - 0:> / .,y' ~ ~-n fnf"'.: ~t? 06 ::;J -r i . - -r1 >"""'"'t -:~"" :.;C) ,,-ro S 55. ;;.(; :P" :::\t q o ~ r I.JAN 19 2007" r/ E & G SERVICES, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. GEORGE E. HELWIG d/b/a HELWIG CONSTRucrroN, CO., Defendant 20 06 NO. 6378 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice , counsel for the plaintiff/defendant In the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 2,421. 00, plus interest and costs of suit The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Thanas R. Nell, Esquire, 340 Nell Road, East Berlin, PA 17316 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, CUzI,J- f ~ ORDER OF COURT AND N.OW, . C'f lW-o..1&} -A <j ) 1L!-I!' ,j}' petition, ~ 0/, ' ' j ~. ~~~1 Esq., and' It (-I '-t!LI ./ ~ /~_c 'jLl / captioned action (or actions) as prayed for. , 200~, ill consideration of the foregoing , &t \;;. '7 ... ;lf7 . .,'~ . - -, ,'~ Esq., and~Ji Uf,','" (./, .d./u/ { Esq., are appointed" at>lSitrators in the above .~"t:''''' "'''~:-';'''-~'', By ~Cow1, )r-- /";f'-') . r '. " . .,! , , ' ./ ./ /' \ \,:~~"v \ ( \;" CA V1 ~-'\ --. ARECBAYLEY! , 't , ' t-J~~i~ Li 'r,f':\t;:>,/ v [/ \ \l. l /y ~\\t\ "1- \' \)\U~) ~ R f:l U\ :.-\ 1" 0 ... 0 Q:) ...J -4 ~ ~ -::> t7 ..c ~ ~ ~l