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Home My WebLink About07-1242 C'~"~~ I _ABOM cSt KUTULAKIS - Jason p, Kutulakis, Esquire Attorney I.D, #: 80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 WHISLER'S WELL DRILLING, INC Plaintiff v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA DOCKET NO. t'J7- J;) t;';;) ~ DIRK J. MADISON AND MADISON & SONS CONSTRUCTION, L.L.C. Defendants : JURY TRIAL DEMANDED CIVIL ACTION - LAW NOTICE TO DEFEND 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 attomey and filing in writing with the court, your defenses or objections to the claims set forth against you. You are wamed 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 for relief requested by the Plaintiff. You may lose money or property or other rights 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 FINn OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 . \. .. I _ABOM cSt KUTULAKIS - Jason P. Kutulakis, Esquire Attorney LD. #: 80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 WHISLER'S WELL DRILLING, INC Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA DOCKET NO. (}'/- j.1</cL &.:J ~ DIRK J. MADISON AND MADISON & SONS CONSTRUCTION, L.L.c. Defendants : JURY TRIAL DEMANDED CIVIL ACTION - LAW CIVIL COMPLAINT 1. The Plaintiff is Whisler's Well Drilling, Inc., of Newville, Cumberland County, Pennsylvania. 2. The Defendant, Madison & Sons Construction, L.L.C., is a corporation, incorporated under the laws of Pennsylvania, located at 3145 Spring Road, Cumberland County, Pennsylvania. 3. Defendant, Dirk J. Madison, is a principal in Madison & Sons Construction, L.L.c. . '. ) . 4. Defendant, Dirk J. Madison, is responsible for the daily operation and maintenance of Madison & Sons Construction, L.L.C. 5. The Defendants orally contracted with Plaintiff to have Plaintiff complete excavation, well drilling, HV AC, and plumbing projects for Defendant's construction company. 6. On or about June 13,2005, Plaintiff began work on Defendant's housing project at Oxford Road to install a septic system, plumbing and excavation. 7. The project was completed on or about November 18,2005. 8. On or about July 15,2005, Plaintiff began another excavation project for one of Defendant's houses on Franklin Street. 9. The project was completed on or about December 13,2005. 10. Defendants were billed a total amount of$13,108.74. (See Invoices, attached hereto as Exhibit A). 11. The sum or amount of all materials and labor owed by the said Defendants to Plaintiff is $7,148.52, plus interest from the 10th day of April, 2006. 12. To date, none ofthe principal sum has ever been paid by the Defendants to the Plaintiff, and that $7,148.52, plus interest from the April 12, 2006, is owing, unpaid, and due from the Defendants to the Plaintiff. 13. Judgement was entered for Plaintiff on January 23, 2007 by Magisterial District Judge Susan K. Day in the amount of $7,271.02. (Exhibit B) WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter judgment against the Defendants in the amount of$7,148.52 plus interest and costs to include attorney's fees. t .. l . Respectfully submitted, ABOM & KUTULAKIS, L.L.P. P. Kutulakis, Esquire Su me Court ID#80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff 1 .. · WHISLER'S WELL DRILLING INC., Claimant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : DOCKET NO. DIRK J. MADISON AND MADISON & SONS CONSTRUCTION, L.L.C. Defendants ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in the above-referenced matter on behalf of the Defendant, Dirk J. Madison and Madison & Sons Construction, L.L.C., and I certify that I am authorized to do so. Date Karl E. Rominger, Esquire Attorney for Defendant I '" EXlHBlT"A" Whislers Well Drilling Inc. Statement I Date I 366-1 Green Springs Road Newville, Pa 17241 Phone: (71-7) 776-6211-~__ Fax: (717) 776-9441 4/20/2006 I Bill To MADISON & SONS CONSTRUCTION LLC 3145 SPRING ROAD CARLISLE,P A 17013 Amount Due Amount Ene, $7,148.52 Date Description Amount Balance 03/10/2006 Balance forward 15,748.52 03/16/2006 PMT #760. -5,000,00 10,748.52 03/31/2006 PMT #764. -3,600,00 7,148.52 r--- Current 1-30 Days Past Due 31-60 Days Past 61-90 Days Past Over 90 Days Past Amount Due Due Due Due 0,00 0.00 1,600.00 0.00 5,548.52 $7,148.52 Whislers Well Drilling Inc. Statement I Date I 366-1 Green Springs Road Newville, Pa 17241 Phone: (717) 776-6211 Fax: (717) 776-9441 4/10/2006 I BiIITo MADISON & SONS CONSTRUCTION LLC 3145 SPRING ROAD CARLISLE,PA 17013 Amount Due Amount Ene. $7,148.52 Date Description Amount Balance 12/31/2005 Balance forward 19,350,17 01/04/2006 INY #6091. Due 01/04/2006. 13,201.37 32,551.54 01/23/2006 PMT#140. -21,903.02 10,648.52 02/09/2006 INY #6169, Due 02/09/2006. 1,600.00 12,248.52 02/13/2006 INV #6175. Due 02/13/2006. 5,500.00 17,748.52 02/23/2006 PMT #745. -5,500.00 12,248,52 02/27/2006 INY #6202. Due 02/27/2006, 1,750,00 13,998.52 03/10/2006 INY #6219, Due 03/10/2006, 1,750,00 15,748.52 03/16/2006 PMT #760. -5,000.00 10,748.52 03/31/2006 PMT #764, -3,600,00 7,148.52 Current 1-30 Days Past Due 31-60 Days Past 61-90 Days Past Over 90 Days Past Amount Due Due Due Due 0,00 0,00 1,600.00 0,00 5,548,52 $7,148,52 .. It EXlHBlT"B" .. lr COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUKBERLABD NOTICE OF JUDGMENTfTRANSCRIPT CIVIL CASE Telephone: (717) 486-7672 17065 PLAINTIFF: NAME an A ~~~L:~~ S 3 ~LL DRILLI ~ ~,!!:"T;:J/7 -, 366-1 GUDSPRllfG RO 1. ... ,/7/1t;:Jj ~ILLE, PA 17241 bN ,2ji,j DEFENDANT: VS~~IlI.iln 'Sf: 9 200? . . IJwlISOll Ii: SOliS CORSTRUt:!"! ....~L I j 3145 SPRZR'G ROAD .......... '......J CARLISLE, PA 17013 .............~" L ~ Docket No.: CV-0000177-06 Date Filed: 7/26/06 Mag. Dis!. No,: 09-3-03 MDJ Name: Hon. SUSAJI It. DAY Address: 229 KILL ST, BOX 167 MT. BOLLY SPRIlIGS, PA ATTORRBY FOR PLAINTIFF : ltATBLED A. DGLE ABOII &: ltlJTULAltI 36 S BAJlOVBR ST CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: FOR PLAIBTZP'F Judgment: ~ Judgment was entered for: (Name) ~ Judgment was entered against: (Name) in the amount of $ 7 ,271. 02 D Defendants are jointly and severally liable. D Damages will be assessed on Date & Time D This case dismissed without prejudice. (Date of Judgment) 1/23/07 WBISLERIS WELL DRILLIRG, IlfC. DDISOll &: SOlfS COR'STRUCTIOll Amount of Judgment $ 7,148.52 Judgment Costs $ 122.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 7,271.02 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ D Amount of Judgment Subject to Attachment/42 Pa.C.S. 9 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. / - :? 3 - 0 7 Date I certify that this is a true Date , Magisterial District Judge proceedings containing the judgment. , Magisterial District Judge My commission expires first Monday of January, 2010 AOPC 315-06 SEAL DATB PRIBTBD: 1/24/07 11:01:00 AX 1'- ~ COOKE TOWNSHIP DICKINSON TOWNSHIP MIDDLESEX TOWNSHIP MT. HOLLY SPRINGS BOROUGH SOUTH MIDDLETON TOWNSHIP SUSAN K. DAY DISTRICT JUSTICE DiSTRICT 09-3-03 229 MILL STREET. P.O. BOX 167 MOUNT HOLLY SPRINGS, PA 17065 RESERVED JUDGMENT 23 January 2007 Plaintiff: Whisler's Well Drilling, Inc. Defendant: Madison & Sons Construction Docket Number: CV-177-06 Date of Hearing: 19 January 2007 Date. of Judgment: 23 January 2007 OFFICE 486-7672 486-4950 Decision: I hereby render judgment to the Plaintiff in the amount of $7,148.52 together with costs of $122.50 for a total of $7,271.02. Comment: Judgment is rendered due to the preponderance of the evidence. Susan K. Da~ Magisterial Distri ALL PARTIES ARE HEREBY NOTIFIED THAT THEY HAVE THIRTY (30) DAYS FROM THE DATE OF THE RESERVED JUDGMENT TO APPEAL THIS DECISION THROUGH THE OFFICE OF THE PROTHONOTARY, CUMBERLAND COUNTY COURT HOUSE, 1 COURT HOUSE SQUARE, CARLISLE, PA 17013 (717)240-6195 . ',. ~ . WHISLER'S WELL DRILLING INC., Claimant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : DOCKET NO. DIRK J. MADISON AND MADISON & SONS CONSTRUCTION, L.L.C. Defendants CERTIFICATE OF SERVICE (j-tU AND NOW, this ~ day of March, 2007, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing CIVIL COMPLAINT upon counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Bv First-Class Mail: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, Pennsylvania 17013 ~I~ . Jason'. Kutulakis Attorney for Plaintiff ------... ~~ ~ ~ ~ ~ \& ~ ~~ '\ \\ c ~'" ~ -....;. ~ ~ :.< 'V . )v ~ ~ ~ o "'-.:J c- e;.,., ~ ~ o 11 ?; :rt ;;>:; n 1 :n I r-- '" C:S; I:> ,) ...... ;; 25):~ :;;:-1 (.l1 ,,.:>. -- ~ ~