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Home My WebLink About08-6503Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs E & G SERVICES, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - CIVIL TERM C & C INVESTMENTS, Defendant 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 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F:\FH,ES\Clients\11873 E&GServices\]1873.9.com/mah Created: 1110510109:49:53 AM Revised: 11/03/08 10:16:30 AM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs E & G SERVICES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008 - U qJ3 CIVIL, TERM MARVKY CORPORATION d/b/a C & C INVESTMENTS, Defendant COMPLAINT AND NOW, comes the Plaintiff, E & G Services, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, E & G Services, Inc., is a Pennsylvania corporation with a registered address at 300 West Suncrest Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Marvky Corporation, d/b/a C & C Investments, is a Texas company with an address of 4420 FM 1960 West, Suite 224, Houston, Texas 77068. 3. Plaintiff is in the business of providing services, mainly electrical, to certain businesses and individuals. 4. Plaintiff has provided services to Defendant at College Park Apartments, 525 Third Street, Carlisle, Cumberland County, Pennsylvania 17013. 5. Plaintiff has provided services to Defendant for a total value of $4,518.80. True and correct copies of Plaintiffs invoices are attached hereto as Exhibit "A." 6. Defendant has failed to pay for such services and, therefore, is liable to Plaintiff for the amounts owed plus interest and costs. 7. Despite repeated demands, no payments have been made by the Defendant for amounts due nor has Defendant disputed this debt. COUNT I - BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 7 as if fully set forth. 9. Defendant has breached an expressed or implied agreement, directly or through agents, to pay for the goods and services provided to Defendant from Plaintiff and/or Plaintiffs agents. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $4,518.80, plus interest at 18% per annum and costs. COUNT II - QUANTUM MERUIT 10. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 11 as if fully set forth. 11. Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount of $4,518.80. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $4,519.80, plus interest at 18% per annum and costs. MARTSON LAW OFFICES By: a4 S Xl-? ChristophqE-cc2ee-.,-E-squire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 d (717) 243-3341 Date: / t 31 d0 Attorneys for Plaintiff EXMBIT "A" la-ao 106 14:5s 6 Services 7172586538 T-474 P003 F-451 ECG Services, Inc. 300 W. Suncvest Dr. Invoice Carlisle, PA 17013 Dab 4/14/2005 Invoice 0 415 Coftge Park is f 525 Third shvet Carlisle, Pa. 17013 P.O.0 College Park TOMW Net 30 Due Date 5/14/2008 ElscbkW work br oft lights. Plem ref a It, a' a quote for quoted work. 1,893.80 This cost: $1200.00 Additional work- due to improper underground splices and improper wire size installed prior. Addf W t WWhkV of apprpic 70k installing conduit, and wire. RemovbV of light pole, rewire and remount with concrete. Revrirtrp of large light pole. Removing of shrubs. tabor: 10 M@Whra 0$45.00/hr- $450.00 $243.80 Total invoice cost: $1893.80 Work completed on 4/11/2008 Thank for your Business. - -- Terms aS Stated above. 1 1/2% monthly accrued interest alter 30 days. jagaitoQcomcast.net 717-258-3206 Fax 717-288-6538 10-16b-'166 14:58 FROM-E & G Services E&(3 Services, Inc. 300 W. Suncrest Dr. COHI81e, PA 17013 7172586538 T-474 P004 F-451 Invoice Daft 4/252008 Invoice # 425 126 Third 3tnsst ?..?,? 2aft% Pa. 17013 P.O. 0 Tenrn@ I i I ..... Collage Park Lighting Not 30 Due Dab 192512008 ElecbkW work for oft Wig. C011e9e Park A?rtrnerrts Cadisie, pa Work cornplsted on 412412008 Work ""d Of 20OR of trenching, conduit, electrical quazlte termination boxes,wirro and lrdftft b4W ano bulb k8 (400watt) for high pole light 12e9oved and mingkiied WmP post light pole with concrete. Materials and baerxdaor: $1510.00 Labor. 27morghna OW.00/hro $1215.00 Invoice Jobw: $2726.00 2,725.00 Thank for your Business. ' Tsrms as stated above. 1 1/2% monthly accrued interest - aRer 30 days. " $2, 725.00 1?a?Qcomcaan.net 717-258-3206 ?.._ - . Fax 717-258-6538 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ep A. Gaito, P& G Services `r" c-- V + - , p C l? W c 00 r FTILESUients\11873 E&G Services\) 1873.9.aff.service/mah Created: I1105101 09:49:53 AM Revised: 11/18/08 0223:12 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs E & G SERVICES, INC. Plaintiff V. MARVKY CORPORATION d/b/a C & C INVESTMENTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6503 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Ron Rushing, CFO, Marvky Corporation d/b/a C & C Investmentss, Suite224, 4420 FM 1960 West, Houston, Texas 77068, by certified mail, return receipt requested, on November 3, 2008. Attached is the Post Office return receipt signed and dated November 7, 2008. MARTSON LAW OFFICES B Y5 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 COMMONWEALTi !_OF P-'NNSYLVANIA Natalia aP- N Public Mary M. Price Notary Public Carlisle Baro. ,,"?xmt*F1,nd County My Commission E ?IFlire5 r Llg.18, 2011 Member, Pennsylvania ASsocoatno's of Notaries Sworn to and subscribed ?'?,J before me this day of November, 2008. 40 ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addle sed to: _ rtk ?70e A. Signature X Sorn Mr7rt1nA7 ? Agent ? Addmseee B. Received by (Printed Name) C. Date of g6livery '(-7 ?' D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type 01?bsrtified mail ? Express Mail 0 Registered ? Return Receipt for Merchandlee ? Insured Mail ? C.O.D. 4. 2- ArticleNMr*w 7008 1140 0001 6163 4293 (ftnaYrfiom 8WWW Job" P3 Form 3811, February 2004 Dw wMlc Romn nwelpt 1 ft-Wp4 j U S. Postal Service CERTIFIED MAIL. RECEIPT m (Domestic Provided) Ir ru _r ? W"WX M 10.59 0013 -° r =I Postage $ A ri Certified Fee 2.70 07. - postmA C3 Return Receipt Fee p (Endorsement Required) 12.20 t+ C3 Restricted Delivery Fee • -- C3 (Endorsement Required) $4.30 ra Total Postage & Fees $ $9.79 11/03/2008_ CO 0 -4 r? cFQ1? -- O A 70 tk - r` wr No. -, ---- - ) A 1`41. -------- - - Nj sure.-ZIPr4 - O?v T k 1P . CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ron Rushing, CFO Marvky Corporation d/b/a C & C Investments 4420 FM 1960 West, Suite 224 Houston, TX 77068 MARTSON LAW OFFICES By M Price 10 E t High Street Carlisle, PA 17013 Dated: r f /a 10,j (7) t r c C? .1 a Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs E & G SERVICES, INC. Plaintiff v. MARVKY CORPORATION d/b/a C & C INVESTMENTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6503 CIVIL TERM TO: MARVKY CORPORATION d/b/a C & C INVESTMENTS, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the oX 7 day of &t?-l e, , 200 the following Judgment was entered against you in the above-captioned action: judgment in the amount of $4,519.80, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: zs/ Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Marvky Corporation d/b/a C & C Investments Attn: Ron Rushing, CFO 4420 FM 1960 West, Suite 224 Houston, TX 77068 F:\FILES\Clients\11973 E&G Services\11873.9.pra.delault/mah Created: 11/05/0109:49:53 AM Revised: 12/22/08 0157.08 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs E & G SERVICES, INC. Plaintiff V. MARVKY CORPORATION d/b/a C & C INVESTMENTS, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 - 6503 CIVIL TERM PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Marvky Corporation d/b/a C & C Investments, in the amount of $4,519.80, plus interest and costs of suit as prayed for in the Complaint, for failure to file an Answer to Plaintiff's Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on December 2, 2008, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES r- /?-- By Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: /Z/a- 9 / p? PWILES\Clients\11873 E&GServices\I1873.9.I0daynotice/mah Created: 11/05/0109A9:53 AM Revised 12102108 11:04:43 AM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs E & G SERVICES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 6503 CIVIL TERM MARVKY CORPORATION d/b/a C & C INVESTMENTS, Defendant IMPORTANT NOTICE TO: Marvky Corporation d/b/a C & C Investments DATE OF NOTICE: December 2, 2008 Attn: Ron Rushing, CFO 4420 FM 1960 West, Suite 224 Houston, TX 77068 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES O'e By ? 5 Christopher E. Rice, Esquire Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs E & G SERVICES, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARVKY CORPORATION d/b/a C & C INVESTMENTS, Defendant NO. 2008 - 6503 CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is not in the military service of the United States of America, that he has knowledge that the said Defendant's address is 4420 FM 1960 West, Suite 224, Houston, TX 77068. Sworn to and subscribed before me this day of 1 qe? , 20 08' No ublic Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Pubdc Carlisle Boro, Wnberland CotmAy My Commission E)ires Aug. 18, 2011 Member. Pennsylvania Ast.eoiatlon of Notaries Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs E & G SERVICES, INC. Plaintiff V. MARVKY CORPORATION d/b/a C & C INVESTMENTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 - 6503 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given to him by mail on December 2, 2008. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of l 200t' ?? A, 0-vy? N&4 Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Public Mary M. Pare. Notary Pub Cadsle Born: Gnbedand COWLY 2011 My ? E>#rm Aug. 1 Member. Penngovania AA ,Q;iation of Notarl" CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marvky Corporation d/b/a C & C Investments Attn: Ron Rushing, CFO 4420 RM 1960 West, Suite 224 Houston, TX 77068 MARTSON LAW OFFICES By M . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: a R? 0 °e .? o c^ r u ? -TI r^'°4