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Home My WebLink About08-0594HARTMAN & ASSOCIATES, INC., Plaintiff VS. McELROY CONTRACTORS, LLC., Defendant NOTICE TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 ?- ?4Y `?e,-• 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 ATTORNEY AND 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 COMPLAINT OR FOR ANY OTHER CLAIM OR 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 HARTMAN & ASSOCIATES, INC., Plaintiff VS. McELROY CONTRACTORS, LLC., Defendant COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08- 5 9q 'e" AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and makes the following Complaint in this matter: 1. The Plaintiff is Hartman & Associates, Inc., a corporation organized and operating under the laws of the Commonwealth of Pennsylvania with its principal offices at 2101 Orchard Road in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is McElroy Contractors, LLC, a limited liability company Plaintiff believes is organized and operates under the laws of the Commonwealth of Pennsylvania, which maintains its principal offices at 406 Chestnut Street in Columbia, Pennsylvania 17512. 3. Plaintiff is engaged in the surveying and engineering business and has been so involved at all times relevant to this action. 4. Defendant operates a construction or contracting company and has at all times relevant to this action. 5. At various dates commencing in January of 2007 and continuing thereafter, Plaintiff, at the request and direction of Defendant and its agents, provided various surveying, engineering and related work to and for the benefit of Defendant at various job sites and projects on which the Defendant was then engaged. A description of the work done and the services provided by Plaintiff to Defendant or for Defendant's benefit is contained in the invoices for that work, copies of which are attached hereto and marked as EXHIBIT A. 6. All of the work and services provided by Plaintiff were provided at the request and direction of Defendant and its authorized representatives. 7. The prices which Plaintiff charged for the work and the services provided to Defendant were the prices which the parties agreed Defendant would pay for such services and are Plaintiff's normal and customary charges for such services. All of the prices charged by Plaintiff for the services and work provided to Defendant are reasonable in the time and place where the services were provided. 8. Defendant made its request to Plaintiff at Plaintiff's place of business in Camp Hill, Pennsylvania and Plaintiff accepted Defendant's proposal to do the work at its Cumberland County location. Pursuant to the agreement of the parties and the arrangements for payment, Defendant was to pay Plaintiff for its services and work by submitting payment to Plaintiff at its office in Cumberland County. COUNT I - CONTRACT 9. The averments set out in the foregoing paragraphs of this Complaint are incorporated herein by reference. 10. By virtue of the communications and discussions between the parties and their authorized representatives, an oral contract was formed between the parties by the terms of which Plaintiff was to provide services as directed or requested by Defendant and Defendant was to pay Plaintiff its ordinary and customary charges for such services. 11. Plaintiff well and truly performed its obligations under the oral contract between the parties and entitled to payment for its services. 12. Despite repeated demands by Plaintiff, Defendant has failed and refused to pay Plaintiff for the services Plaintiff provided to it, the total amount of which is $14,445.00. 13. By virtue of the agreement between the parties, Defendant agreed to pay Plaintiff 12% per annum interest on all charges not paid within thirty (30) days. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $14,445.00, plus interest at the rate of 12% per annum, from and after 1 August 2007, plus costs of suit. COUNT II - QUANTUM MERUIT 14. Plaintiff incorporates herein, by reference, the averments made in Paragraphs 1 through 8 and avers, as an alternative to Count I, a claim against Defendant for Quantum Meruit or unjust enrichment. 15. All of the work and services which Plaintiff did and provided to Defendant was done at the request and pursuant to the direction of Defendant and its authorized representatives. I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date:_ /Soo? w cz pwc, -?Jz, (-? EXHIBIT A Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoice#: 630901 February 12, 2007 JAMES McELROY Job#: 6309. 406 CHESTNUT STREET S/O AT LOWER SWATARA TWP FIRE DEPT COLUMBIA, PA 17512 LOWER SWATARA Date Department Description of Labor Employee Hours/Units Fee 01/17/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY DJH 2.50 $300 00 EXEC. - LOWER SWATARA FIRE CO. - S/O . SWALE & STORM PIPE - SET GRADES 01/26/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - DJH 3.00 $360.00 LS FIRE DEPT-S/0 SWALE & STORM PIPES - SET GRADES Invoice Amount: $660.00 Credit for Retainer: $0.00 $0.00 Amount Due: $660.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoice#: 630902 March 12, 2007 JAMES McELROY Job#: 6309. 406 CHESTNUT STREET S/O AT LOWER SWATARA TWP FIRE DEPT COLUMBIA, PA 17512 LOWER SWATARA Date Department Description of Labor Employee Hours/Units Fee U2/06/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - DJH LOWER SWATARA F.D. - S/O ROCK BERM 1.50 Invoice Amount: Credit for Retainer: $180.00 $180.00 $0.00 $0.00 Amount Due: $180.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoice#: 630904 May 4, 2007 JAMES McELROY Job#: 6309. 406 CHESTNUT STREET S/O AT LOWER SWATARA TWP FIRE DEPT COLUMBIA, PA 17512 LOWER SWATARA Date Department Description of Labor Employee Hours/Units Fee 04/21/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - DJH 2.00 $240.00 LOWER SWATARA FIRE DEPT. - S/O FORCE MAIN - SET GRADES Invoice Amount: $240.00 Credit for Retainer: $0.00 $0.00 Amount Due: $240.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoicek 630905 June 7, 2007 JAMES McELROY Job#: 6309. 406 CHESTNUT STREET S/O AT LOWER SWATARA TWP FIRE DEPT COLUMBIA, PA 17512 LOWER SWATARA Date Department Description of Labor Employee Hours/Units Fee 05/01/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - DJH 3.00 $360.00 LOWER SWATARA FIRE DEPT. - S/O STORM SEWER„ E.P., BERM & GRID - SET GRADES 05/03/07 FIELD CREW CONSTRUCTION STAKEOUT MC ELROY - DJH 4.50 $540.00 LOWER SWATARA FIRE DEPT - S/O CURB FOR HOP & S/O W/L - SET GRADES 05/10/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - DJH 2.50 $300.00 LOWER SWATARA FIRE DEPT - S/O STORM SEWER & E.P. - SET GRADES 05/29/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - DJH 3.00 $360.00 LOWER SWATARA FIRE DEPT. - S/O CURB & CONTS - SET GRADES Invoice Amount: $1,560.00 Credit for Retainer: $0.00 $0.00 Amount Due: $1,560.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoice#: 630906 July 10, 2007 JAMES McELROY Job#: 6309. 406 CHESTNUT STREET S/O AT LOWER SWATARA TWP FIRE DEPT COLUMBIA, PA 17512 LOWER SWATARA Date Department Description of Labor Employee Hours/Units Fee 06/13/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY DJH 2.50 $300.00 EXC. - LOWER SWATARA FIRE DEPT. - S/O CURB - SET GRADES 06/22/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - RFB 6.00 $720.00 LOWER SWATARA FIRE DEPT - S/O & GRADE CURB Invoice Amount: $1,020.00 Credit for Retainer: $0.00 $0.00 Amount Due: $1,020.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoicek 630907 August 8, 2007 JAMES McELROY Job#: 6309. 406 CHESTNUT STREET S/O AT LOWER SWATARA TWP FIRE DEPT COLUMBIA, PA 17512 LOWER SWATARA Date Department Description of Labor Employee Hours/Units Fee 07/05/07 FIELD CREW SURVEYING SERVICES MCELROY - JRS 1.00 $120.00 LOWER SWATARA FIRE DEPT - CHECK CURB PROBLEM ****NO CHARGE**** 07/18/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY DJH 4.00 $480.00 EXC. LOWER SWATARA FIRE DEPT - S/O E.P. - SET GRADES 07/28/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - DJH 2.50 $300.00 LOWER SWATARA TWP FD - S/O E.P., SET GRADES Invoice Amount: $900.00 Credit for Retainer: $0.00 $0.00 Amount Due: $900.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoice#: 630909 October 11, 2007 JAMES McELROY Job#: 6309. 406 CHESTNUT STREET S/O AT LOWER SWATARA TWP FIRE DEPT COLUMBIA, PA 17512 LOWER SWATARA Date Department Description of Labor Employee Hours/Units Fee 09/21/07 ENGINEERING ON SITE FIELD VISIT WITH DENNY JWC 2.00 $220.00 WERTZ 09/24/07 DRAFTING DOWNLOAD/PRINT PICTURES LAF 0.50 $40.00 09/24/07 ENGINEERING GENERAL PROJECT SERVICES CONSULT JWC 1.50 $165.00 WITH DJH, PLOT GRADES 09/25/07 ENGINEERING DESIGN-SITE GRADING PLAN LS FD JWC 1.00 $110.00 09/26/07 ENGINEERING PROJECT MANAGEMENT PLOTTING JWC 2.00 $220.00 ASBUILT/PROPOSED DRIVEWAY ENTRY 09/27/07 ENGINEERING FIELD MEETINGS WITH CLIENTS RE JWC 1.00 $110.00 CONCRETE GRADES Invoice Amount: $865.00 Credit for Retainer: $0.00 $0.00 Amount Due: $865.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoicek 711405 June 7, 2007 JAMES McELROY Job#: 7114. 406 CHESTNUT STREET VERIFY POND ELEVATION - LIBERTY VIEW COLUMBIA, PA 17512 Date Department Description of Labor Employee Hours/Units Fee 05/31/07 FIELD CREW CONSTRUCTION STAKEOUT CHECK ELEV DJH 4.00 $480.00 ON BERMS, SPILLWAYS, INVE OF OUTLET STRUCTURES AND BOTTOM OF PONDS Invoice Amount: $480.00 Credit for Retainer: $0.00 $0.00 Amount Due: $480.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE MCELROY CONTRACTORS, LLC Invoice#: 711407 August 8, 2007 JAMES McELROY Job#: 7114. 406 CHESTNUT STREET VERIFY POND ELEVATION - LIBE RTY VIEW COLUMBIA, PA 17512 Date Department Description of Labor Employee Hours/Umts Fee 06/19/07 FIELD CREW AS-BUILT SURVEY MCELROY - LIBERTY RIB 6.00 $990.00 VIEW - AS-BUILT, BASINS 1 & 2 06/20/07 DRAFTING DRAFTING PLAN MCELROY - DOWNLOAD LAF 2.00 $160.00 DATA COLLECTOR, EDIT DESC, CREATE SURVEY BOOK, SETUP POINTS DWG 06/26/07 DRAFTING DRAFTING PLAN MCELROY - PLOT OUT MSK 1.00 $70.00 POINTS FIELD SHOT - 2 BASINS - 1 SWALE 06/27/07 DRAFTING DRAFTING PLAN MCELROY -ADJUST MSK 0.50 $35.00 VERTICAL DATUM AND REPLOT OUT POINTS FIELD SHOT - 2 BASINS - 1 SWALE 07/11/07 DRAFTING DRAFTING PLAN MCELROY - BAUER SITE MSK 2.50 $175.00 BASINS - REPLOT POINTS WORKSHEETS FOR DWD 07/11/07 OFFICE SURVEY PROJECT MANAGEMENT PHONE W/DJH, DWD 1.50 $142.50 M. ERDMAN & M. DERVILER PE RE: LIBERTY VIEW Invoice Amount: $1,572.50 Credit for Retainer: $0.00 $0.00 Amount Due: $1,572.50 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 IN V O I C E MCELROY CONTRACTORS, LLC Invoicek 5340002 JAMES MCELROY Job#: 5340. 406 CHESTNUT STREET S/O CEDAR RIDGE COLUMBIA, PA 17512 March 12, 2007 Date Department Description of Labor Employee Hours/Units Fee 02/01/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY JRS 8.00 $1,320.00 BROS @ CEDAR RIDGE - S/O STORM SEWER ON MEADOW VIEW LANE (INLETS 39-46), SET GRADES 02/07/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY JRS 2.00 $330.00 BROS @ CEDAR RIDGE - S/O REMAINING INLETS ON MEADOW VIEW, SET GRADES Invoice Amount: Credit for Retainer: $1,650.00 $0.00 $0.00 Amount Due: $1,650.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoice#: 5340006 July 9, 2007 JAMES MCELROY Job#: 5340. 406 CHESTNUT STREET S/O CEDAR RIDGE COLUMBIA, PA 17512 Date Department Description of Labor Employee Hours/Units Fee 06/13/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - RFB 7.50 $900.00 CEDAR RIDGE - S/O CURB ON MEADOW VIEW LANE 06/13/07 FIELD CREW SURVEY CALCULATIONS MCELROY - RFB 1.00 $60.00 CEDAR RIDGE - CURB CALCS 06/14/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - RFB 7.50 $900.00 S/O & GRADE CURB ON MEADOW VIEW LANE Invoice Amount: $1,860.00 Credit for Retainer: $0.00 $0.00 Amount Due: $1,860.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoicek 603101 February 16, 2007 JAMES McELROY Job#: 6031. 406 CHESTNUT STREET DERRY TWP MUNICIPAL BLDG ADDITION S COLUMBIA, PA 17512 DERRY PLEASE NOTE: THIS IS A REVISED INVOICE Date Department Description of Labor Employee Hours/Units Fee 01/05/07 ENGINEERING LETTER WRITING JWC 0.75 $82.50 01/31/07 SECRETARIAL GENERAL PROJECT SERVICES MCELROY DRB 0.25 $12.50 - TYPING 02/06/07 ENGINEERING LETTER WRITING JWC 0.75 $82.50 02/06/07 SECRETARIAL GENERAL PROJECT SERVICES MCELROY DRB 0.25 $12.50 BROS. - TYPING 02/07/07 ENGINEERING LETTER WRITING EDITS JWC 0.25 $27.50 Invoice Amount: $217.50 Credit for Retainer: $0.00 $0.00 Amount Due: $217.50 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoice#: 6031004 May 4, 2007 JAMES McELROY Job#: 6031. 406 CHESTNUT STREET DERRY TWP MUNICIPAL BLDG ADDITION S COLUMBIA, PA 17512 DERRY Date Department Description of Labor Employee Hours/Units Fee 04/26/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - JRS 2.50 $300.00 DERRY TWP MUNICIPAL BLDG ADDITION - S/O EMERGENCY SPILLWAY Invoice Amount: $300.00 Credit for Retainer: $0.00 $0.00 Amount Due: $300.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoice#: 628304 May 4, 2007 JAMES McELROY Job#: 6283. 406 CHESTNUT STREET S/O AT SWATARA TWP FIRE DEPT COLUMBIA, PA 17512 SWATARA Date Department Description of Labor Employee Hours/Units 04/23/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY JRS 4.00 BROS - SWATARA TWP FIRE DEPT - S/O INLETS 10 & 15 AND TRENCH DRAIN 11 Invoice Amount: Credit for Retainer: Fee $480.00 $480.00 $0.00 $0.00 Amount Due: $480.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoice#: 628305 June 7, 2007 JAMES MCELROY Job#: 6283. 406 CHESTNUT STREET S/O AT SWATARA TWP FIRE DEPT COLUMBIA, PA 17512 SWATARA Date Department Description of Labor Employee Hours/Units Fee 05/02/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY @ JRS 1.50 $180.00 SWATARA FIRE STATION - S/O TRENCH DRAIN 9 05/05/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - JRS 2.00 $240.00 S/O INLETS & MITS FRONT OF FIRE STATION, SET GRADES 05/24/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - JRS 3.00 $360.00 SWATARA FIRE DEPT - S/O ELEV GRID FOR FRONT OF FIRE HOUSE & GRADE, S/O INLET ALONG HBG ST., ELEVATE & GRADE 05/25/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY RFB 3.50 $420.00 CONST. SWATARA TWP FIRE HOUSE - S/O & GRADE CONTOURS 05/25/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - JRS 4.00 $480.00 SWATARA FIRE DEPT - S/O ELEVATION GRID FOR BACK OF FIRE HOUSE, ELEVATE & GRADE 05/31/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY RFB 3.50 $420.00 CONST. - SWATARA TWP FIRE HOUSE-S/O & GRADE EDGE OF PAVE BEHIND FIRE HOUSE Invoice Amount: $2,100.00 Credit for Retainer: $0.00 $0.00 Amount Due: $2,100.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days Hartman & Associates, Inc. 2101 Orchard Road Camp Hill, PA 17011 (717) 737-3495 FAX: (717) 737-2063 INVOICE McELROY CONTRACTORS, LLC Invoice#: 628306 July 10, 2007 JAMES McELROY Job#: 6283. 406 CHESTNUT STREET S/O AT SWATARA TWP FIRE DEPT COLUMBIA, PA 17512 SWATARA Date Department Description of Labor Employee Hours/Units Fee 06/14/07 FIELD CREW CONSTRUCTION STAKEOUT MCELROY - RFB 3.00 $360.00 SWATARA TWP FIRE DEPT - S/O & GRADE CURB, FRONT OF FIRE HOUSE ON HARRISBURG ST (SR441) Invoice Amount: $360.00 Credit for Retainer: $0.00 $0.00 Amount Due: $360.00 PLEASE INCLUDE OUR INVOICE # ON YOUR REMITTANCE Interest at 12% annual rate will be charged on accounts not paid within 30 days CS: G^ c? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00594 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARTMAN & ASSOCIATES INC VS MCELROY CONTRACTORS LLC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MCELROY CONTRACTORS LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 14th , 2008 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Cc 47.61 Postage 2.23 86.84 02/14/2008 SAMUEL ANDES So answer R. Thomas Kline Sheriff of Cumberland County "I -1/;d/°f 911 Sworn and subscribe to before me this day of A. D. 132532 SHERIFF'S OFFICE 3 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 - (717) 299-8200 H n SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. 3 PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ _ 2. COURT NUMBER r 0 Hartman & Associates Inc 08-594 civil O 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT McElroy Contractors LLC Notice and Complaint SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED McElroy Contractors LLC y 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 406 Chestnut Street Columbia, PA 17512 y 7. INDICATE UNUSUAL SERVICE: DEPUTIZE ? OTHER t Calh?rl and O Now, January 29 20 , I, SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sherriff of L,anra-,ter County to execute this Wri_ urn thereof , g to law. This deputation being made at the request and risk of the plaintiff. c sr+eRiFFOFUNCns?a o 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrif's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above.} JACKIE MICCICHE 717-390-2309 _1/30/08 2/27/08 16. 1 hereby CERTIFY and RETURN that 10 have personally served, aplohive legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ? No Service 4< av W Cj V? , l.Q (JQ l,(,? See Remarks Below (No. 30) 20. Addtess of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) Abd efEML MST 23. ATTEMPTS agate Gilles Dep. Int. Date Mlles Dep. Int. Date Miles Dep. Int. Date Mlles Dep. Int. Date Miles Dep. Int. Costs 26. Notary Cert. 27. Mileage/Postage/N.F. 28. Total Costs _ 29. COST DUE 30. REMARKS: ' ' uPOAJ 499 1 VA L r/,//j, bE?fry fouwo 7wE OF?y' c 70 AF 7V729ay v,q ? hbwtvrc- S.T.A.: 7NC- Co,vrxow y WSN^40L , wn-s a ova R1iZ 79b T1'11+/ T 7,.W 15,j,AJ .•?' ?-, #911 j 1V#S No LONtl#e- IA1 4VX rJr "C_C_ AA/o t rho 4!?E_eJ «4f?V 10 0WV,0 A IyDNE -M0447 - C? 31. AFFIRMED and subscribed to before me this 34. day of f ? .0 J s. HARTMAN & ASSOCIATES, INC., Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N O.0 ;f- S'?f y C'.c w+:l w--? McELROY CONTRACTORS, LLC., Defendant TO THE PROTHONOTARY: PRAECIPE Please enter judgment in this matter, in favor of the Plaintiff Hartman& Associates, Inc. and against the Defendant, McElroy Contractors, LLC, in the amount of $14,445.00, plus interest at the rate of 12% per annum after 1 August 2007, plus costs of suit, for failure to file an Answer or other responsive pleading to Plaintiff's Complaint. Notice to Defendant of Defendant's default was sent Defendant on 28 February 2008 and a copy of that notice is attached hereto and marked as EXHIBIT A. 13, / March 2008 Sa a L. 4nQ4 Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 ?I?41109 HARTMAN & ASSOCIATES, INC., ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) Vs. ) CIVIL ACTION - LAW McELROY CONTRACTORS, LLC, ) NO. 08-594 CIVIL TERM Defendant ) TO: McELROY CONTRACTORS, LLC, DEFENDANT DATE: 28 February 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 SAMUEL L. ANDES ATTORNEY FOR PLAINTIFF P.O. BOX 168 LEMOYNE, PA 17043 (717) 761-5361 i