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Home My WebLink About96-01120 . -l : .~ i i I : '1\.. l..-}" -, 't-- ,~...:-r ' .... . , ~ , , "- I { .; I J I" ~ I'~ " ~ l~ J .~ J J () ~/ \ -0 ("...... '" +- ^--- ,.J r- ~ \" ......, 1: ..... ..... ...,.. ..... ..J t~.'" ~ t!..' 1_ , , J -.J /') ......' <,..-1 , ::j. ''->l- , -1 <../1 12 -- y ~ 'J li> r-... i./) "l ~ ..\I ...' - " '-' ,,' , , - ~~ . Z ~ ~ =~ ~~ .... H '-' "''" ~ .... c: ~ ' ~. t~ 't 'rl <0 ;... .. P ...... '" III . 'V ~!2 >oJ .0 ,~ <J1 c: o:=~ Z;:- ...... ~dllJ <~",t~;:: ~~ ~ ~ III e;..... ..:::. ., Cl~j"'-l- ~ U '-' .~ gJ:c~ 0= co~::! .~ Ul =rIJ~~Z:'" ~~ ~~ I .:IJ Z Z UlH .0.' - Cl.l ~~ . ~ t:i.:SQ.. ~ s::: ~ :'! {IlS\:Z"'Z_ 0"'" sa ~ao ~~"'f::",'" ~~_r-- 0....1 H :!!i:Il f.: "I 641 1il~ <Q<"''''~ 0... LQzE:: 5~ 0. Ul ...Z .. ~ '0 '" < - ~ OJ.: o III ""- "'~ 41fS...1 Ul H -_ co- -, a.; .r'J =...l ~~~. He-. ::oJ....... :r.~ ~ " 0.'0 '.... Z "''l> ~ =...... H UO\ c:.~ . ROBIN D. CARROLUS, t/d/b/a WEST SHORE LIGHTING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SUPERIOR BUILDING SYSTEMS, INC. t/d/b/a sas CUSTOM HOMES, Defendant 96 - 10 () CIVIL TERM COMPLAINT Robin D. Carrolus, t/d/b/a West Shore Lighting, Plaintiff, by and through its attorney, James D. Bogar, Esquire, respectfully represents as follows: 1. Plaintiff herein is Robin D. carrolus, t/d/b/a West Shore Lighting, of 5248 East Trindle Road, Mechanicsburg, cumberland County, Pennsylvania 17055. 2. Defendant is Superior Building Systems, Inc., t/d/b/a SBS CUstom Homes, a foreign corporation registered to do business in the Commonwealth of Pennsylvania, having its registered office in care of CT Corporation system, 1635 Market street, philadelphia, Pennsylvania 19103 and its principal address at PO Box 915, Belair, Maryland 21014. 3. In accordance with requests mede and customer orders dated August 16, 23, 24, 28 and 31, 1995, Defendant requested and Plaintiff agreed to supply certain lights, lighting fixtures, and related items, all in conjunction with a home being constructed by superior Building Systems, Inc., t/d/b/a SBS Custom Homes, said home being located at 1229 Redwood Hills, Carlisle, Cumberland county, Pennsylvania. A true and correct copy of the customer orders are attached hereto, collec- tively marked Exhibit "A" and incorporated herein. 4. Plaintiff fully and adequately provided the materials ordered and services requested by Defendant in accordance with said customer orders dated August 16, 1995, August 23, 1995, August 24, 1995, August 28, 1995 and August 31, 1995, all performed in an acceptable and workmanlike manner. 5. On the dates as specified in Paragraph 3 hereinabove, the Plaintiff submitted to Defendant its invoices in the total amount of $4,859.93, which represents the agreed upon charges for the lights, lighting fixtures, and related items provided by the Plaintiff to Defendant (see Exhibit "A"). 6. Defendant agreed to pay interest at the rate of one and one- half percent (1-1/2') per month on any unpaid balances for services rendered and goods provided resulting in additional interest charges as follows: Interest from September 1, 1995 through and inclUding January 31, 1996. 7. Plaintiff's customer orders as indicated and attached as Exhibit "A" represent reasonable and necessary charges for its goods, services and materials provided. 8. Despite Plaintiff's repeated demands, Defendant has failed and refused to bring current and pay in full the amount billed as set forth in Plaintiff's customer orders (see Exhibit "A") and additional inter- est charges accrued, for a total amount due and owing as of January 31, 1996 in the amount of $4,926.77. 3 9. Payments ot all amounts due were to be made to Plaintitt at 5~48 East Trindle Road, Mechanicsburg, Pennsylvania. COUNT NO.-1 10. The averments ot Paragraphs 1 through and including 9 herein- above are incorporated herein by reterence thereto. 11. By virtue of the customer orders between Plaintitf and Detendant, Superior Building Systems, Inc., t/d/b/a SBS CUstom Homes, Defendant agreed to pay the reasonable and necessary cost of services rendered and goods provided, which amount as ot August 31, 1995 was $4,859.93. 12. A tinance charge of one and one-half percent (1-1/2') per month on the unpaid balances from their due dates is due and owing and continues to be due and owing from Defendant, Superior Building Systems, Inc., t/d/b/a SBS Custom Homes, to Plaintift. 13. To date, Defendant, Superior Building systems, Inc., t/d/b/a SBS Custom Homes, despite proper request and demand by Plaintift, has not brought its account current. WHEREFORE, Plaintlff demands judgment against Defendant, Superior Building Systems, Inc., t/d/b/a SBS Custom Homes, in the amount ot $4,859.93, plus interest at the rate ot one and one-half percent (1-1/2') per month from september 1, 1995, together with the costs ot this action, and any other relief deemed just and appropriate. 4 COUNT NO.2 14. The averments of Paragraphs 1 through and including 13 hereinabove are incorporated hereby by reference thereto. 15. Pursuant to the request made by Defendant, Superior System., Inc., t/d/b/a SBS Custom Homes, Plaintiff provided services and good. to Defendant. 16. The reasonable and necessary charges for said goods provided as requested by Defendant are in the total amount of $4,859.93. 17. To date, Defendant, Superior Systems, Inc., t/d/b/a SBS CUstom Homes, has not brought its account current. 18. By reason of Defendant's request for performance of services and providing of goods, Defendant impliedly promised to pay the reason- able and necessary charges for same. 19. By reason of Defendant's request for performance of services and providing of goods and Defendant's partial payment of prior invoices, Defendant impliedly promised to pay the finance charge of one and one-half percent (1-1/2%) per month on all invoices not paid within thirty (30) days. WHEREFORE, Plaintiff demands judgment against Defendant, Superior Systems, Inc., t/d/b/a SBS Homes, in the amount of $4,859.93, plus interest at the rate of one and one-half percent (1 1/2%) per month from September 1, 1995, together with the costs of this action, and any other relief deemed just and appropriate. 5 ....., "''''''1/';':'3~', ~ ~ ,-.... '<OJ.I" '..~ -"" ",', /~'..... ~ I - ~ , , . ) ?""'-1 . ; '. .- ~ ,,2~ . .., :.. I ;' ,- . ;. ,1": ..I. THANK YOU " , J f I I:. -- ,.. fOfA' .: I' ~ EXHIBIT "A" -" "",'" ,_.,.... f',)i ./ /,. /JI /1-1 ......... .-; / ,. .',,:.~ . J., I , II.;- - ,'.. J I I~ -'.>r ,J~ (::./);..~ " r'" - --i '/J L ?3 '. ~ .... r ", THANK YOU .' / ) , ... -.,.......... .... - ..{ / i/-; Ii !/~- ,~ !:- " .' '.-/:.'. " I I I )';1; .... -~- , J; ,.. fOfAL j{ Y , ",~ b~'1 L'11 ..,... ~ Rt-H:elpt for ~ ~ .:,~~,t,~,~il~(~ 1~1(~.i.l, )- .... ,:.. iI, ",:!"",'.', ','r ".""1\.,,,; .. I'" ,. h"v,'r'",' .., I supr.rnnl1 mrrrnnr. S'fS'm1S .~ ! :.t,t'r1/b/,l_SBS L1JS'IY101 IK1oU':S ~~C HI.PQ~oX,')'5_ '" ._.''~ \"' g[ IlELi\ [f< ~\[l, ) I () 14 __, . v:!l... ~ 7r ~ . ~ "". I'--C, Q. ------'----~-~ ---- .-.' "your completed on the fev.... aldel iX ~;g~~: rpH!iij ... ~ ,; 5:al';;:~~ '1 "'0'''' UliHr . :C><Pl ~f 1 'fs . ~~~ ~ ,I jHii I ~ n~!! li'oJ h.. o co S "9. 9 "I - - m... I I .. ... 1-3 Z ,'i i .. \ OG) i II - ! .-i ~ it, 9. I J ~~ II; l . I mm r J f ... i I · o . D~ ~ II i ~ ::t !D :" . i lr n II ~,. I ~ ,.' ''''~n j'2:_ ~ C .... ~fl ~ ""'{1. oi"'i"'DD ~'i! U1 :11)10 !_ :II \Q ! 3 iii' ~ - ; [ = if: ... ~3.i ~o :II - Z - " ." :~ ~ ~ ~ \!, ,. t n & ~ i m ~ !l 3. Thank you lor ualnll R.tum Racalpt Sa",Ice, } ." :::- ~-- , r1 I" .i i \.." ,1;' J l~\ , --' . ~ ,- ~ r '" " it ,J " L , :1 W'l: