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Home My WebLink About03-3512WAYNE F. SHADE LANE ENTERPRISES, INC., Plaintiff HAMPTON CONSTRUCTION MANAGEMENT LIMITED, trading and doing business as HAMPTON CONSTRUCTION, LIMITED, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03- 35-/~ CIVIL TERM NOTICE 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 the pleadings and Notice are served, 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 may be entered against you by the Court without further notice for any money claimed in the pleadings or for any other claim of 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WayneaF. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE LANE ENTERPRISES, 1NC., Plaintiff HAMPTON CONSTRUCTION MANAGEMENT LIMITED, trading and doing business as HAMPTON CONSTRUCTION, LIMITED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03- 3 ~/~ CIVIL TERM COMPLAINT COUNT I BREACH OF CONTRACT PlaintiffLANE ENTERPRISES, 1NC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 1244 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013. Defendant HAMPTON CONSTRUCTION MANAGEMENT LIMITED, trading and doing business as HAMPTON CONSTRUCTION, LIMITED, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 424 Railroad Avenue, Shiremanstown, Cumberland County, Pennsylvania 17011. WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania On or about March 3, 2003, Plaintiff delivered, at the request of Defendant, the following items for the following considerations: (a) 22 spiral galvanized 24 inch diameter 16 gauge 20 feet $3,062.40 long corrugated pipes (b) 28 24 inch diameter 18 gauge 10 inch wide galvanized 194.88 dimple bands (c) 8 spiral galvanized 24 inch diameter 16 gauge 20 feet 1,113.60 long corrugated pipes (d) 45 spiral galvanized 18 inch diameter 16 gauge 20 feet 4,608.00 long corrugated pipes (e) 84 18 inch diameter 18 gauge 10 inch wide galvanized 430.08 dimple bands (f) 1 spiral galvanized 18 inch diameter 16 gauge 20 feet 102.40 long corrugated pipes (g) Sales tax 570.67 TOTAL $10,082.03 On or about March 4, 2003, Plaintiff delivered, at the request of Defendant, 42 spiral galvanized 18 inch diameter 16 gauge 20 feet long corrugated pipes for a total cost, including sales tax, of $4,558.85. 5. On or about April 3, 2003, Plaintiff delivered, at the request of Defendant, the following items for the following considerations: -2- (a) 4 HDPE Loktite 15 inch diameter 20 feet long (b) 23 HDPE Loktite 18 inch diameter 20 feet long (c) 2 HDPE 15 inch diameter end sections (d) 2 HDPE 18 inch diameter end sections (e) 1 15 inch anti-seep collar (f) 2 18 inch anti-seep collar (g) 1 basin # 1 24 inch perforated riser (h) 1 basin #2 24 inch perforated riser (i) Sales tax TOTAL $280.00 2,484.00 130.00 190.00 185.00 410.00 608.00 608.00 293.70 $5,188.70 On or about April 21, 2003, Plaintiff delivered, at the request of Defendant, the following items for the following considerations: WAYNE F, SHADE Attorney at Law 53 West Pomfre! Street Carlisle, Pennsylvania 17013 (a) 19 HDPE Loktite 15 inch diameter (b) 24 HDPE Loktite 24 inch diameter (c) I 30 inch diameter perforated riser (d) 1 18 inch diameter anti-seep collar (e) 1 24 inch diameter anti-seep collar (f) 15 HDPE Loktite 24 inch diameter (g) 10 HDPE Loktite 18 inch diameter (h) Sales tax TOTAL -3- 20 feet long $1,531.40 20 feet long 4,689.60 785.00 205.00 260.00 20 feet long 2,931.00 20 feet long 1,264.00 699.96 $12,365.96 WAYNE F. SHADE On or about April 22, 2003, Plaintiff delivered, at the request of Defendant, 40 HDPE Loktite 18 inch diameter 20 feet long for a total cost, including sales tax, of $5,359.36. 8. The terms of the invoices were all "NET 30 DAYS". 9. In spite of repeated demands therefor, Defendant has wholly failed and refused to make any payments on account of the foregoing deliveries. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $37,554.90 plus costs and interest from the thirty-first day after the dates of each of the respective invoices. COUNT II INTEREST, PENALTIES AND ATTORNEY FEES 10. The averments of¶¶l through 9 above inclusive are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment against Defendant, under the provisions of the Contractor and Subcontractor Payment Act, 73 Pa.C.S. §501, et seq., for interest at the rate of one (1%) percent per month or fraction of a month on the unpaid -4- balance from the thirty-eighth day after the dates of each of the respective invoices plus penalties at the rate of one (1%) percent per month or fraction of a month on the unpaid balance from the thirty-eighth day after the dates of each of the respective invoices and reasonable attorney fees and expenses. Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- I, THOMAS C. MICKLE, a sales representative for Plaintiff LANE ENTERPRISES, INC., make this verification on behalf of Plaintiff, being authorized to do so. The statements ~nade in the foregoing Complaint are based upon information which I have given to my counsel and they are true and correct to the best of my knowledge, information and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: July 23, 2003 Thomas C. Mickle WAYNE F. SHADE Ailorney at Law 53 West Pomfret Street Carllsl*, Pennsylvania 17013 WAYNE F. SHADI Attorney at Law 53 Wesl Pomfret Slreel Carlisle, Pennsylvania LANE ENTERPRISES, 1NC., Plaintiff HAMPTON CONSTRUCTION MANAGEMENT LIMITED, trading and doing business as HAMPTON CONSTRUCTION, LIMITED, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-3512 CIVIL TERM : PRAECIPE TO: Curtis R. Long, Prothonotary Please mark the docket in the above-captioned matter "Settled and Discontinued". Date: August 18, 2003 Wayne,f. Shade, Esquire Attomey for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-03512 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANE ENTERPRISES INC VS HAMPTON CONSTRUCTION MANAGEMEN RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HAMPTON CONSTRUCTION MANGMT LTD TDBA HAMPTON CONSTRUCTION DEFENDANT , at 0937:00 HOURS, on the 30th day of July at 424 RAILROAD AVENUE SHIREMANSTOWlq, PA 17011 by handing to IKE MORRIS, OWNER a true and attested copy of COMPLAINT & NOTICE the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this ~ ~ day of ~2om3 A.D. So Answers R. Thomas Kline 07/31/2003 WAYNE SHADE By: