Loading...
HomeMy WebLinkAbout08-2978WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. No. 78941 Ciara C. Young, Esquire Attorney LD. No. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 SECCO, INC. 1111 Primrose Avenue Camp Hill, PA 17011, Plaintiff, V. A&A DESIGNS, INC. HCR 67 Box 34 Mifflin, PA 17058 Defendant. Attorneys for Plaintiff SECCO, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED No. p$ - aq'78 C: ivi l der' 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, entering a written appearance personally or by attorney and filing and 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 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. No. 78941 Ciara C. Young, Esquire Attorney I.D. No. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 SECCO, INC. 1111 Primrose Avenue Camp Hill, PA 17011, Attorneys for Plaintiff, SECCO, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, JURY TRIAL DEMANDED V. A&A DESIGNS, INC. HCR 67 Box 34 Mifflin, PA 17058 Defendant. No. D - 2 97 FQ ?tw COMPLAINT AND NOW, comes Plaintiff, SECCO, Inc. ("SECCO"), by and through its undersigned counsel, Woolford Law, P.C., who hereby files this Complaint against Defendant, A&A Designs, Inc. ("A&A" or the "Defendant"), and in support thereof, avers the following: Parties 1. Plaintiff, SECCO, is a business corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with a business address of 1111 Primrose Avenue, Camp Hill, Pennsylvania, 17011. 2. Defendant, A&A, is a business corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with a business address of 1817 Fox Hunt Lane, Harrisburg, Pennsylvania, 17110. Attached hereto and incorporated herein as Exhibit "A" is a copy of the Pennsylvania Department of State business information sheet for A&A. Jurisdiction and Venue 3. Venue is proper in Cumberland County because it is the county where the transaction or occurrence took place (failure to make payment) out of which this cause of action arose. 4. In the absence of an agreement to the contrary, payment is due at SECCO's place of business and venue is proper there in a breach of contract action alleging failure to make payment. Factual Background 5. SECCO is a well-established HVAC, plumbing and electrical contractor who performs work throughout the greater Harrisburg area. 6. In the summer of 2004, SECCO entered into an oral contract with A&A to perform various plumbing and electrical work (the "Contract") on a project located at 3960 North Sixth Street, Harrisburg, Pennsylvania, 17110 (the "Project"). Attached hereto and incorporated herein as Exhibit "B" are copies of executed work orders detailing the work performed and A&A's acceptance of such work. 7. SECCO performed its work in a timely, good and workmanlike manner. 8. Pursuant to the Contract, SECCO submitted five invoices to A&A for the work that it performed on the Project (the "Invoices"). True and correct copies of the Invoices are attached hereto and incorporated herein as Exhibit "C." 9. The total amount of the Invoices is $11,076.04. 10. The Invoices clearly stated when payment was due and that interest would accrue on any outstanding balance at the rate of one and one-half (1.5) percent per month. 11. Payment was due in Fall, 2004. 2 12. To date, SECCO has not received any payments from A&A. 13. As of April 2008, interest has accrued in the amount of $7,032.18. 14. Therefore, the total amount due and owing SECCO is $18,108.22. 15. Inclusive of interest and penalties pursuant to the Contractor and Subcontract Payment Act, 73 Pa.C.S.A. §501, et. seq., SECCO is due $22,796.35. 16. Defendant has failed and refused to pay SECCO the amount due. 17. SECCO completed its work in accordance with the requirements of the parties' agreement and is entitled to payment in full. COUNTI Breach of Contract 18. Plaintiff incorporates by reference Paragraph Nos. 1 through 17 as if set forth fully herein. 19. A valid contract existed between SECCO and A&A. 20. Pursuant to the terms of the Contract, Defendant had a duty to pay SECCO all amounts due and owing for the labor, equipment, materials and tools SECCO provided to the Project within thirty (30) days of receipt of an invoice. 21. Despite repeated requests and demands, Defendant failed and refused to pay SECCO the amounts due under the Contract. 22. At all material times, SECCO performed in accordance with the terms of the Contract and provided labor, equipment, materials and tools in a timely, good and workmanlike manner. 23. Defendant materially breached the terms of the Contract by failing and refusing to pay SECCO. 3 24. As a result of the Defendant's breach of contract, SECCO suffered damages in excess of $18,108.22. WHEREFORE, Plaintiff, SECCO, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, A&A Designs, Inc. and award SECCO, Inc. damages in excess of $18,108.22, plus interest, penalties, attorneys' fees, costs of suit and any other further relief the Court deems just, proper and equitable. COUNT II Unjust Enrichment/Ouantum Meruit 25. SECCO incorporates by reference Paragraph Nos. 1 through 24 as if set forth fully herein. 26. SECCO supplied labor, equipment, materials and tools to the Project for Defendant's benefit and fully expected compensation for such work. 27. All of the work discussed above was performed at the direction of Defendant. 28. The amounts charged by SECCO for its work on the Project were fair and reasonable. 29. Defendant accepted and retained the benefits conferred upon it by SECCO, including repairs and upgrades to Defendant's plumbing and electrical systems. 30. The benefits conferred by SECCO increased the value of the Defendant's property. Therefore, it would be inequitable for Defendant to retain the benefits without payment for the value of the labor and materials provided by SECCO. 31. If Defendant does not compensate SECCO for the work that it performed on the Project, Defendant will be unjustly enriched by SECCO's work. 32. Defendant's retention of the benefits of the labor and materials supplied by SECCO without compensating SECCO would result in gross inequities. 4 33. Defendant wrongfully received the benefits of the improvements to its plumbing and electrical systems by not paying for the labor and materials that SECCO supplied to the Proj ect. 34. It would be unconscionable for Defendant to retain the benefits of the improved electrical and plumbing systems without paying for such services and materials. 35. Defendant misled SECCO to believe that it would be paid in full for all the labor and materials provided to the Project. 36. The reasonable value of the unpaid labor and materials supplied to the Project by SECCO is in excess of $18,108.22. WHEREFORE, Plaintiff, SECCO, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, A&A Designs, Inc. and award SECCO, Inc. damages in excess of $18,108.22, plus interest, penalties, attorneys' fees, costs of suit and any other further relief the Court deems just, proper and equitable. COUNT III Violation of the Contractor and Subcontractor Payment Act 37. SECCO incorporates by reference Paragraph Nos. 1 through 36 as if set forth fully herein. 38. The Contractor and Subcontractor Payment Act, 73 Pa.C.S.A. §501, et. seq. (the "Payment Act") is applicable to this Contract. 39. Under the Payment Act, SECCO is entitled to payment for the work it performed. 40. Pursuant to the Payment Act, SECCO is entitled to recover attorneys' fees and a penalty at the rate of one percent per month for all Contract funds unlawfully withheld by Defendant. 5 41. Defendant, A&A, is an "owner" and SECCO is a "contractor" as defined by the Payment Act, 73 Pa.C.S.A. §502. 42. Defendant, A&A, as owner, was required to pay SECCO for the materials and labor supplied by SECCO within thirty (30) days of its receipt of SECCO's invoices for payment. 43. Defendant failed to timely pay SECCO for the full value of its invoices relating to the Project as required by the Payment Act. 44. Defendant did not provide any written notice of any deficiency items to SECCO relating to its work and it has no justification or excuse for failing to timely pay SECCO. 45. Defendant's failure and refusal to pay SECCO for its materials and labor constitutes a breach of the Contract and a violation of the Payment Act. 46. Pursuant to the Payment Act, SECCO is entitled to the contractual interest rate of one and one-half (1.5) percent per month and an additional statutory penalty of one (1) percent per month - an amount in excess of $11,720.31 as of April 9, 2008. 47. In the event that SECCO is not entitled to the contractual interest rate of one and one-half (1.5) percent, which is strenuously denied, SECCO can collect interest at the rate of one (1) percent pursuant to the Payment Act. 48. Inclusive of interest pursuant to the contact and penalties pursuant to the Payment Act, SECCO is entitled to an amount in excess of $22,796.35. WHEREFORE, Plaintiff, SECCO, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, A&A Designs, Inc. and award SECCO, Inc. damages in excess of $22,796.35, plus interest, penalties, attorneys' fees, costs of suit and any other further relief the Court deems just, proper and equitable. 6 VERIFICATION I, Fran Gilbert, am the Controller for SECCO, Inc., and I verify that I am authorized to make this Verification on behalf of Plaintiff. I verify that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand the statements herein are made subject to the penalties of perjury and 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. n. It A Fran Gilbert Date: 5 - q - C 8 Respectfully submitted, WOOLFORD LAW, P.C. By: Timothy J. Woolford Attorney I.D. No. 78941 Ciara C. Young Attorney I.D. No. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 (717) 290-1190 7 m r' m O' OD Page 1 of 1 usiness Entity - +r ,14 lepartment of State' Corporations Online Services i Corporations I Forms i Contact Corporations i Business Services Search Business Entity Filing By Business Name By Business Entity ID History Date: 4/15/2008 (Select the link above to view the Verify Business Entity's Filing History) Verify Certification Online Orders Business Name History Register for Online Orders Order Business List Name Type Name My Images A & A DESIGNS, INC. Current Name Search for Images Business Corporation - Domestic - Information Entity Number: 3139545 Status: Active Entity Creation Date: 4/25/2003 State of Business.: PA 1817 FOX HUNT LANE Principal office Address: HARRISBURG PA 17110- Mailing Address: No Address Home I Site Map I Site Feedback I View as Text Only I Employment grk?ue? U P- Home Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement 4/15/2008 httn - //www. corporations. state.pa. us/core/so skb/Corp. asp?2029726 ???,sb?-I' 13 .J t7 `, o o ? o t.L7? CM Cf) o; N tv O r oo ? i a J LA 0 IJ l rL a s ? 3 ? v ?4 ?r V h? RL lF ? a ?j a ?? A, tad id x k p R I i y to ii, a w or 3 0 Q ? ?a ? ? ? y m m p m CL m E m $ a is t2 z S t g N W? a 0. .W v a m CPO L M V M o O d a o O z CL: U . a Ni, r 'Win V ES K C% r LA. r?. M f? r qo ? M Z dy N ? 9 ?. M T a Q W 3 c E =0 a m O 2 ???M m n m 8 ?. JC7 2 S CO y F WU Z? ys? Y 6? ° P rg g v g- 190 C qo Y U N 4 - LM u 0 30 tE U a O a g N J T C w N Q CL I t ' $ 0W g bo c? .a 0 e f?! 1 ? yy . 630 o? U ? am ? v O` ? u5 o d " ? $ a- ? tM a 00 a m o Z a ? ? 4 r ? FFFF lf? 3 g• ? ;IL n^s`. f a V 2 1 U w /1 O w C t 0 ou Q /^off • 41. I lit A u: w x x m 2 w x Y 2 N v J 2 t a t ? rn A .Z A y r U w k t i V s_- i R w ii J a M? t,1 X11 [i. f71 oj ry a tLI U. a U d i VA VI u q V ? V ? [ y fa- @ X c ,l x a U ' S S '14 OQ U n ? ju? di } • ? 1 ?h $ J U J y !n rj N %0 OZ CS o in :? J t? ?` J nL C w w 14. tq U Cc y ao a LUUJ ??? n f 3 ? ? ? ? . vii ii. EC, m m n t n v u c m INVOICE To A & A DESIGNS 3301 A HOFFMAN HARRISBURG, PA 17110 Job Location 3960 N 6TH ST HARRISBURG, PA 17110 MOVE EQUIPMENT FROM OLD BLDG TO NEW BLDG No/ W34064 Inv. Date Aug 18/04 HVACR SERV W/O No. 024712 Cust Code 7178057094 Called by OLGA Terms NET 30 Reference # 39431 Start Date Jul 8/04 End Date Jul 12/04 MATERIALS Qty --------- ----- Price ------------- Total ----------- ------------------------------------- BLK NIPPLE 3/4 X 4 -- 1.00 2.20 E 2.20 BLK FTG CAP 3/4 1.00 3.37 E 3.37 BLK FTG VALVE GAS 3/4 BALL 1.00 23.20 E - 23.20 ----------- Total Materials 28.77 "A" TECH HVACR 1.00 Hrs 66.00 "A" TECH HVACR 3.50 Hrs 231.00 "A" TECH HVACR 3.50 Hrs 231.00 "A" TECH HVACR 3.50 Hrs 231.00 "A" TECH HVACR 1.00 Hrs 66.00 DISPATCH FEE 79.00 TOTAL INVOICE AMOUNT DUE 09/17/04 A 1.5% PER MONTH FINANCE CHARGE WILL BE ADDED TO ANY INVOICE NOT PAID IN FULL BY DUE DATE. ------------ Subtotal 932.77 Tax on 932.77 55.97 ------------ Total Billing 988.74 INVOICE No/ W34065 Inv. Date Aug 18/04 HVACR SERV W/O No. 024896 Cust Code 7178057094 To A & A DESIGNS 3301 A HOFFMAN HARRISBURG, PA 17110 Called by OLGA Terms NET 30 Job Location 3960 N 6TH ST HARRISBURG, PA 17110 TRACING LINES FOR BASEMENT PANEL "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN DISPATCH FEE Start Date Jul 20/04 End Date Jul 22/04 4.00 Hrs 224.00 3.50 Hrs 196.00 79.00 TOTAL INVOICE AMOUNT DUE 09/17/04 A 1.5% PER MONTH FINANCE CHARGE WILL BE ADDED TO ANY INVOICE NOT PAID IN FULL BY DUE DATE. Subtotal Tax on 499.00 Total Billing ------------ 499.00 29.94 ------------ 528.94 INVOICE No/ W34114 Inv. Date Aug 23/04 HVACR SERV W/O No. 025172 Cust Code 7178057094 To A & A DESIGNS 3301 A HOFFMAN Called by OLGA HARRISBURG, PA Terms NET 30 17110 Reference # 40020 Job Location 3906 N 6TH ST HARRISBURG, PA Start Date Aug 19/04 17110 End Date Aug 19/04 REACH IN REF - UP IN TEMP "A" TECH HVACR 2.00 Hrs 132.00 DISPATCH FEE 79.00 TOTAL INVOICE AMOUNT DUE 09/22/04 A 1.5% PER MONTH FINANCE CHARGE WILL BE ADDED TO ANY INVOICE NOT PAID IN FULL BY DUE DATE. ------------ Subtotal 211.00 Tax on 211.00 12.66 ------------ Total Billing 223.66 INVOICE To A & A DESIGNS 3301 A HOFFMAN HARRISBURG, PA 17110 Job Location 3960 N 6TH ST HARRISBURG, PA 17110 MISCELLANEOUS ELECTRICAL WORK AND PLUMBING FOR SINK No/ W34168 Inv. Date Aug 30/04 ELEC SERV W/O No. 024688 Cust Code 7178057094 Called by OLGA Terms NET 30 Start Date Aug 26/04 End Date Aug 18/04 MATERIALS -------------------------------------- Qty ------------- Price --------- --- -- Total - -- -- WALL BOX 9.00 3.32 - E - -- --- 29.88 WALL BOX WITH BRACKET 6.00 3.99 E 23.94 DUPLEX REC 21.00 3.71 E 77.91 IVORY WALL PLATE 8.00 2.66 E 21.28 4X4 BOX 1.00 1.89 E 1.89 DUPLEX BOX COVER 1.00 2.34 E 2.34 4X4 WALL BOX WITH CLAMPS 1.00 0.66 E 0.66 12/3 MC 165.00 1.36 E 224.40 MC CONNECTORS 29.00 0.98 E 28.42 12/2 MC 340.00 0.73 E 248.20 IVORY 15A SINGLE POLE SWITCH 4.00 3.62 E 14.48 ELEC JB 4SQ 2-1/81) 1/2&3/4KO'S 6.00 3.62 E 21.72 ELEC JB COVER 4SQ BLANK 6.00 1.61 E 9.66 ELEC HANDY BOX 1-7/8D W-1/2KO 4.00 3.17 E 12.68 ELEC HANDY BOX COVER SGL RECPT 1.00 1.24 E 1.24 SQD BKR 1P 20A 11.00 15.73 E 173.03 ELEC CONN MC 1/2 9.00 4.77 E 42.93 ELEC CONDULET LB 1/2 1.00 9.22 E 9.22 ELEC CONDULET LB COVER 1/2 1.00 6.25 E 6.25 ELEC NIPPLE CHASE 1/2 1.00 1.50 E 1.50 ELEC CONDUIT EMT 1/2 40.00 1.38 F 55.20 ELEC CONN EMT 1/2 SETSC 7.00 0.52 E 3.64 ELEC COUP EMT 1/2 TO MC 3/8 5.00 2.93 E 14.65 ELEC COUP EMT 1/2 SETSCR 6.00 0.58 E 3.48 ELEC PVC LB 1/2 W/COV 1.00 6.50 E 6.50 ELEC PVC ADPT TERM 1/2 1.00 0.33 E 0.33 (Continued)... INVOICE No/ W34168 Inv. Date Aug 30/04 Continued ...Pg2 ELEC WALLPLATE RECEPT DUP 1G I 20A 125/250V 3P 4W TWLK PLUG 3P 4W 20A 125/250V TWLK SINGLE WIRE THHN #12 STR COPPER BLACK WIRE THHN #12 SOL COPPER WHITE WIRE THHN #12 STR COPPER GREEN ELEC RECEPT 20A 125V GFI IV HORIZONTAL DUP. W/P COVER ELEC SW SPST 20A 120-277V BR ELEC JB COVER 4SQ DBL SW ELEC HANDY BOX COVER BLANK ELEC WALLPLATE SW BLANK 1G IV ELEC HANDY BOX COVER SWITCH Total Materials "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN "A" TECH ELECTRICIAN DISPATCH FEE ELECTRICAL INSPECTION TOTAL INVOICE AMOUNT DUE 09/30/04 A 1.5% PER MONTH FINANCE CHARGE INVOICE NOT PAID IN FULL BY DUE 1.00 0.92 E 0.92 1.00 46.35 E 46.35 1.00 54.48 E 54.48 30.00 0.23 F 6.90 30.00 0.18 F 5.40 30.00 0.24 E 7.20 4.00 25.74 E 102.96 1.00 3.01 E 3.01 2.00 7.61 E 15.22 1.00 3.28 E 3.28 2.00 1.09 E 2.18 1.00 1.27 E 1.27 1.00 0.74 E - 0.74 ----------- 1,285.34 0.25 Hrs 14.00 4.75 Hrs 266.00 5.25 Hrs 294.00 6.00 Hrs 336.00 3.75 Hrs 210.00 5.50 Hrs 308.00 4.25 Hrs 238.00 4.00 Hrs 224.00 4.75 Hrs 266.00 3.50 Hrs 196.00 6.50 Hrs 364.00 3.25 Hrs 182.00 4.50 Hrs 252.00 2.00 Hrs 112.00 9.25 Hrs 518.00 4.50 Hrs 252.00 7.25 Hrs 406.00 79.00 1.00 77.00 77.00 WILL BE ADDED TO ANY DATE. Subtotal Total Billing ------------ 5,879.34 ------------ 5,879.34 INVOICE No/ W34239 Inv. Date Aug 31/04 HVACR SERV W/O No. 025350 Cust Code 7178057094 To A & A DESIGNS 3301 A HOFFMAN HARRISBURG, PA 17110 Called by SMO Terms NET 30 Job Location 3906 N 6TH ST HARRISBURG, PA 17110 MISC PLUMBING/ELECTRICAL MATERIALS Start Date Sep 2/04 End Date Sep 9/04 Qty Price Total -------------------------------------- WIRE MC CABLE 10/2 ------------- 55.00 --------- 3.12 ------ F ----------- 171.60 ELEC JB 4SQ 2-1/8D 1/2&3/4KO'S 1.00 3.62 E 3.62 ELEC JB COVER 4SQ BLANK 1.00 1.61 E 1.61 ELEC CONN MC 3/8 2.00 1.09 E 2.18 ELEC COUP EMT 1/2 TO MC 3/8 1.00 2.93 E 2.93 ELEC CONN EMT 1/2 SETSC 1.00 0.52 E 0.52 ELEC CONDUIT EMT 1/2 5.00 1.38 F 6.90 BRACKET STRAINER KIT 1.00 27.81 E 27.81 DOUBLE FLANGE 1.00 7.49 E 7.49 PVC FTG EL 45D 3 1.00 4.02 E 4.02 PVC FTG COUP RED 3 X 2 1.00 5.76 E 5.76 PVC FTG EL 45D ST 2 1.00 2.38 E 2.38 11211" GALV PIPE STRAP" 2.00 0.91 E 1.82 PVC PIPE 2X20 SCH 40 20.00 1.39 E 27.80 "3"" PVC PIPE" 35.00 2.59 E 90.65 3" SHOULDER VENT 1.00 87.18 E 87.18 PVC FTG BUSH 25LP * 1-1/2SLP 1.00 3.15 E 3.15 PVC FTG TEE 1-1/2 1.00 3.49 E 3.49 1-1/2 DWV PVC 45 ELL 4.00 1.05 E 4.20 "1 1/211" PVC FEMALE ADAPT" 2.00 1.12 E 2.24 "1 1/211" AIR VENT TRAP" 2.00 4.44 E 8.88 HDWR THRD ROD 3/8 X 6 ZINC 12.00 6.04 E 72.48 "3/411" X 1/211" RUBATEX INSULAT 100.00 7.00 E 700.00 BLK FTG VALVE GAS 1/2 BALL 7.00 15.48 E 108.36 1 1/2 S X MIP SCH 80 PVC ADAPT 1.00 12.81 E 12.81 COPW FTG TEE 1/2 4.00 1.32 E 5.28 (Continued) ... INVOICE No/ W34239 Inv. Date Aug 31/04 Continued...Pg2 COPW FTGEL90D 1/2 28.00 1.69 E 47.32 COPW PIPE TYPE L 1/2 WATER HAR 130.00 1.76 E 228.80 BLK FTG VALVE BOILER DRAIN 1/2 2.00 8.69 E 17.38 COPW FTG CAP 1/2 2.00 0.73 E 1.46 BLK NIPPLE 1/2X1-1/2 1.00 1.10 E 1.10 PVC FTG EL 90D 1-1/2 1.00 2.90 E 2.90 PVC FTG TRAP P 2" 1.00 6.07 E 6.07 PVC FTG EL 90D 2 2.00 2.04 E 4.08 111-1/2"" 17GA CHROME P-TRAP" 1.00 29.34 E 29.34 PVC FTG PLUG 1-1/4MPT 1.00 2.38 E 2.38 EXPANDING FOAM SEALANT CAN 2.00 14.70 E 29.40 3X2 WYE 2.00 10.39 E 20.78 3X2 BELL 1.00 11.79 E 11.79 WALL PLATE 24.00 1.08 E 25.92 1/2 SPLIT RING 26.00 0.73 E 18.98 Total Materials ------------ 1,812.86 "A" TECH HVACR 2.25 Hrs 148.50 "A" TECH HVACR 6.00 Hrs 396.00 "A" TECH HVACR 0.75 Hrs 49.50 "A" TECH HVACR 8.75 Hrs 577.50 "A" TECH ELECTRICIAN 7.00 Hrs 392.00 DISPATCH FEE 79.00 TOTAL INVOICE AMOUNT DUE 10/02/04 A 1.5% PER MONTH FINANCE CHARGE WILL BE ADDED TO ANY INVOICE NOT PAID IN FULL BY DUE DATE. Subtotal Total Billing ------------ 3,455.36 ------------ 3,455.36 o W h O t o o .'moo Y7 ? r,; ; ,. r,s ?a r lj x? c rl 11. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SECCO INC VS A&A DESIGNS INC 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: A&A DESIGNS INC but was unable to locate Them deputized the sheriff of JUNIATA in his bailiwick. He therefore serve the within COMPLAINT & NOTTCR County, Pennsylvania, to On June 17th , 2008 , this office was in receipt of attached return from JUNIATA Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00''e!1 Surcharge 10.00 R. Thomas Kline Dep Juniata Co 35.15 Sheriff of Cumberland County Postage 2.19 7 4 . 3 4 ? ??/gyp 06/17/2008 WOOLFORD LAW PC Sworn and subscribe to before me this day of A. D. r ?rY In The Court of Common Pleas of Cumberland County, Pennsylvania SECCO Inc vs. A&A Designs Inc Now, May 16, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Juniata No. 08-2978 civil County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. //. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service I Now, may 29 , 20o8 , at 4:21 o'clock P. M. served the Within Notice & Complaint Upon A&A Designs, Inc. at HC 67, Box 34, Mifflin PA 17058 by handing to Olga Lembesis, president/owner of A&A Designs, Inc. a true and attested copy of the original Notice & Complaint and made known to her the contents thereof. So answers, ? GZo (? q D ? Sheriff of Juniata L.Z County, PA Sworn and subscribed before me this _ZL_ day of , 20 0 COSTS SERVICE MILEAGE JOYCE PAGE nPel TY PROTHONOTARY MY COMMISSION EXPIRES FIRST MONDAY IN 1Ah1„PnnQ $ 18.00 15.15 2.00 $ 35.15 $ 39.85 ATTEMPTED SERVICE MAY= Tlugf Ull FAtIF INITIALS ):,, M < M :; I B@10 V-1 M, m 91, C s P -1 0 }7D O a Z a v* ?o FRIEDMAN & KING, P.C. Richard S. Friedman, Esquire ID #07176 3820 Market Street Camp Hill, PA 17011 Tel.: (717) 236-8000/Fax: (717) 236-8080 e-mail: fziedmanandking@botmail.com SECCO, INC., V. Plaintiff A&A DESIGNS, INC., Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2978 Civil Term CIVIL ACTION - LAW ENTRY OFAPPEARANCE Kindly enter my appearance on behalf of the Defendant, A&A Designs, Inc. Respectfully submitted, FRIEDMAN & KINGeP.C. Date: Ricl &d S.1? edman, 390 Market Street Camp Hill, PA 17011 (717) 236-8000 Esquire c` s ?,, " ^P " ?' C , _1 r ? +. i - ?f, _ _ . , r? 7 r ?? SECCO, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA. V. A&A DESIGNS, INC., Defendant : NO. 08-2978 Civil Term CIVII, ACTION - LAW Ile parties hereby agree and stipulate to the following: 1. The Plaintiff filed a Complaint against the Defendant alleging that Defendant failed to pay for vatious plumbing and electrical work performed by Plaintiff 2. The Plaintiff and Defendant have agreed that judgment would be entered against the Defendant in the amount of $22,796.35. 3. It is agreed that tie judgment will be satisfied upon payment of $15,000.00 to Plaintiff by Defendant, at $500.00 per month beginning fuly 15, 2008. Payments far July 15, 2008 and August 15, 2008 have been made. 4. In the event of non payment by Defendant, Plaintiff will provide written notice to Defendant with a five (5) day opportunity to cure. In the event the default is not cured within said five (5) day period, Plaintiff may execute on any and all assets of Defendant up to $22,796.35, less payments received, and Defendant waives any right to attempt to open the judgment. Ciara C. Young, Esq*e U Attorney I.D. No. 202994 Woolford Law, P.C. 941 Wheatland Ave., Suite 402 Lancaster, PA. 17011 (717) 290-1190 Attorney for Plaintiff SECCO, Inc. Date: Q - 5 - (0 `._.._ 7 tau, Bsquire Attorney I.D. No.. 07176 Friedman & King, P.C. 3820 Market 8t. Camp Hill, PA 17011 (717) 236-8000 Attorney for D da tq A&A Designs, Inc. Date: C1 6 16f r. 40 rri ct? 24 C-n cr,s 17 ?* - .4 WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 By: Ciara C. Young, Esquire Attorney I.D. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 tLEU"??° ? tGc. ?, lotI DEC 29 PM z GUITg E??RLO C.'00 V PE0511 Attorneys for Plaintiff, Secco, Inc. SECCO, INC. Plaintiff V. A&A DE,,IGNS, INC. Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-02978 PRAECIPE TO: Prothonotary 4- Kindly 8 e Kindly mark the above-captioned matter settled, discontinued and ended with prejudice. Respectfully submitted, WOO ORD LAW, P By: Timothy J. Woolford Attorney I.D. No. 789 1 Ciara C. Young Attorney I.D. No. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 P: (717) 290-1190 F: (717)290-1196 1. . s CERTIFICATE OF SERVICE I, Ciara C. Young, an attorney with Woolford Law, P.C., certify that on this date, I served a true and correct copy of the foregoing Praecipe upon the party listed below, by depositing the same in the United States mail, postage prepaid, addressed as follows: Richard S. Friedman, Esquire Friedman & King, P.C. 3820 Market Street Camp Hill, PA 17011 6, L 0? Ciara C. Young Date: December 28, 2011 2