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Home My WebLink About02-3227SUSQUEHANNA AIR CONDITIONING, REFRIGERATION SERVICE, Plaintiff Vs. SEVEN HILLS INC., clPo/a SBARRO PIZZA, AND GREAT STEAK AND POTATO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : Civil Action - Law : NO. : IN ASSUMPSIT AC, CF. PTANCF. OF ~qERVICF. AND NOW, this /6 ~ day of July, 2002, service of a copy of the Complaint filed in the above captioned matter is hereby accepted on behalf of the defendant, Seven Hills Inc., d/b/a Sbarro Pizza and Great Steak and Potato. By: ~illiam C. I~ollas, Esquire 1104 Fernwood Ave. Camp Hill, Pennsylvania Attorney for Defendant SUSQUEHANNA AIR CONDITIONING REFRIGERATION SERVICE, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : ~ERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : NO. SEVEN HILLS INC., d/b/a SBARRO PIZTA,: AND GREAT STEAK AND POTATO : Defendant : NC~TTCE 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 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 fights 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 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 SUSQUEHANNA AIR CONDITIONING REFRIGERATION SERVICE, Plaintiff VS. SEVEN HILLS INC., d/b/a SBARRO pIZZA,: AND GREAT STEAK AND POTATO : Defendant : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW C. OMPt ,ATNT NOW, thi~,C~ day of ~ ,2002, comes the Plaintiff, Susquehanna Air Conditioning Refrigeration Service, Inc., by it's attorney, Anthony L. DeLuca, Esquire, and files this Complaint based upon the following: 1. The Plaintiff is Susquehanna Air Conditioning Refrigeration Service, Inc., a corporation duty authorized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 15 #A Springers Lane, New Cumberland, York County, Pennsylvania 17070. 2. The Defendant is Seven Hills, Inc., d/b/a Sbarro Pizza and Great Steak and Potato, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at 1208 Musket Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about May 6, 2000 and at various times thereafter up to and including August 17, 2000, at the specific request of the Defendant, the Plaintiff provided certain services, labor and materials to the Defendant at its various business locations. 4. Defendant accepted the services, labor and materials from Plaintiff during the time period set forth in Paragraph 3 hereinabove. 5. The value of the services, labor and materials provided to the Defendant by Plaintiff and billed to Defendant during the time set forth in Paragraph 3 totals the sum of $4,768.57. 6. The invoices furnished to the Defendant for said services, labor and materials contain a service charge of 2% a month that would be added to any account not paid on time. 7. Although demand has been made for payment, Defendant has failed and willfully refuses to pay for said services, labor and materials. WHEREFORE, Plaintiff respectfully requests Judgment against the Defendant and in favor of the Plaintiff in the amount of $4,768.57 plus costs and interest. Date: L~t/~t~ ~ o~'.~ o ,.~ (/ e ' Respectfully submitted, 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 Attorney for Plaintiff ° C 0 C) SUSQUEHANNA AIR CONDITIONING REFRIGERATION SERVICE, Plaintiff Vo SEVEN HILLS INC., d/b/a SBARRO PIZZA AND GREAT STEAK AND POTATO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION--LAW : :NO. 02-3227 CIVIL TERM NOTICE TO PLEAD TO: You are hereby notified to file a written response to the enclosed Answer and New Matter of Defendant Seven Hills, Inc., dfo/a Sbarro Pizza and Great Steak and Potato, to Plaintiff's Complaint within twenty (20) days fi.om service hereof or a judgmem may be entered against you. KOLLAS AND KENNEDY s W. Kollas, Esquire Supreme Court ID No. 81959 1104 Fernwood Avenue, Ste 104 Camp Hill, PA 17011 (717) 731-1600 Attorney for Defendant Dated: Denied. It is denied that the value of services, labor, or materials totals $4,768.57. Strict proof demanded at trial. Denied as stated. The invoices are legal documents which speak for themselves. Strict proof demanded at trial. WHEREFORE, Defendant, Seven Hills, Inc., d/b/a Sbarro Pizza and Great Steak and Potato, hereby requests this Honorable Court dismiss the Complaint of Plaintiff against the Defendant. NEW MATTER 7. Paragraphs 1 through 6 of Defendant's Answer are incorporated herein by reference as if fully set forth. 8. Plaintiff~s Complaint fails to state a claim upon which relief may be granted. 9. Plaintiff's failure to provide sufficient, adequate or otherwise acceptable services, labor, or materials is a material breach of contract which bars Plaintiff's claim. 10. Plaintiff's failure to provide sufficient, adequate or otherwise acceptable services, labor, or materials constitutes non-performance which bars Plaintiff's claim. 11. Plaintiff's failure to provide suffeient, adequate or otherwise acceptable services, labor, or materials bars Plaintiff's action by the defense of failure of consideration. 12. Plaintiff's failure to provide sufficient, adequate or otherwise acceptable services, labor, or materials constitutes a surrender of Plaintiff's rights in that Plaintiff's claim is ban'ed by the defense of waiver. 13. Plaintiff's failure to provide sufficiem, adequate or otherwise acceptable services, labor, or materials constitutes a surrender of PlaintitFs rights in that Plaintiff's claim is barred by the defense of estoppel. WHEREFORE, Defendant, Seven Hills, Inc., d/b/a Sbarro Pizza and Great Steak and Potato, respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff for all consequential and incidental damages, including reasonable attorneys fees and costs and such other and further relief as this Honorable Court deems just and proper. Dated: 101 II 07-- RESPECTFULLY SUBMITTED: WmamVC. I 6 as, Esquire Supreme Court I.D. No. 06341 ,~James W. Kollas, Esquire Supreme Court I.D. No. 81959 KOLLAS AND KENNEDY 1104 Femwood Avenue Suite 104 Camp Hill, PA 17011 (717) 731-1600 ATTORNEY FOR SUSQUEHANNA AIR CONDITIONING REFRIGERATION SERVICE, Plaintiff Vo SEVEN HILLS INC., d/b/a SBARRO PIZZA AND GREAT STEAK AND POTATO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION--LAW : :NO. 02-3227 CIVIL TERM VERIFICATION I, Raghu Tadavarthy, Presidem of the Defendant, Seven Hills, Inc., d/b/a Sbarro PizTa and Great Steak and Potato, do hereby swear and affnm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 1 $ Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Raght~'Tadavarthy, President SUSQUEHANNA AIR CONDITIONING REFRIGERATION SERVICE, Plaintiff Vo SEVEN HILLS INC., d/b/a SBARRO PIZZA AND GREAT STEAK AND POTATO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION--LAW : :NO. 02-3227 CIVIL TERM .- CERTIFICATE OF SERVICE · I, Carole A. Rose, of the Law Offices of Kollas and Kennedy, hereby certify that I have this I ~ day of October, 2002, served a tree and correct copy of ANSWER AND NEW MATTER OF DEFENDANT by depositing same in the United States mail, first class, postage prepaid, addressed to the following: Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 LAW OFFICE OF KOLLAS AND KENNEDY Carole A. Rose