WILKES-BARRE — A Pennsylvania company is suing Seraphim USA Manufacturing Inc., which makes solar panels, and Ryan Erwin, the company president, alleging fraud and failure to meet the terms of a contract.
Spotts Brothers is seeking more than $150,000 in damages.
Spotts Brothers Inc. filed a complaint on Nov. 19 in the U.S. District Court for the Middle District of Pennsylvania, alleging defendants breached the duty of good faith and fair dealings.
The plaintiff alleges Spotts Brothers lost out-of-pocket expenses totaling $135,720, paid to defendants for 650 solar panels to complete a project contracted by the Commonwealth of Pennsylvania with the plaintiff.
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The plaintiff is alleging fraudulent conduct of the defendants in failing to supply all of the solar panels as agreed to in the contract.
The plaintiff alleges Erwin misused his position as president of the solar panel maker to defraud the plaintiff, allegedly using the funds for other purposes.
The plaintiff requests a trial by jury and seeks judgment greater than $150,000 and punitive damages.
They are represented by Stephen T. Carpenito of Law Offices of Stephen T. Carpenito in Pottsville.
U.S. District Court for the Middle District of Pennsylvania Case number 18-cv-02235