Scranton/Wilkes-Barre RailRiders cry foul in suit against Edwardsville sponsor

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WILKES-BARRE — Ownership for the Scranton/Wilkes-Barre RailRiders claim a sponsor whose logo appears with each home-team foul ball hasn’t paid a dime.

SWB Yankees, LLC, trading as the RailRiders, allege in court papers filed Wednesday in Luzerne County Court that Mac’s Restoration, Inc., is yet to make a single payment toward a two-year, $75,000 sponsorship agreement.

Mac’s Restoration president Sean Fogarty said his organization was not yet aware of a lawsuit, but indicated his company is involved in an ongoing contract dispute with RailRiders management.

According to a civil complaint, Mac’s Restoration was allowed royalty-free use of the RailRiders’ identifying marks in promotional materials in exchange for an annual fee. The agreement also included a permanent billboard in left field as well as radio and television commercials during game broadcasts.

A fourth provision of the sponsorship agreement provides for in-game promotions, including a PA announcement and the appearance of the Mac’s Restoration logo each time a RailRiders player hits a foul ball hit or a visiting hitter breaks a bat, court papers say.

SWB Yankees says in its three-count suit it has provided each of the services outlined in the written agreement.

The complaint says Mac’s Restoration entered into an agreement with the RailRiders in June 2014 in which it agreed to make three $10,000 installments in 2014 and five $9,000 installments in 2015, with interest calculated for missed payments but has failed to comply despite repeated demands for payment.

The complaint claims both breach of contract and unjust enrichment. It demands a jury trial and seeks damages in excess of $50,000, plus interest, costs and expenses.

Mac’s Restoration, with addresses in Wilkes-Barre and Edwardsville, describes itself as a “disaster response company” which provides restorative construction services to properties damaged by water, mold and fire.

The company, which boasts a positive rating from the Better Business Bureau, also lists crime scene cleanup and general construction among its services.

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