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Home My WebLink About04-2253DUNCAN, HARTMAN & DOUGLAS, P.C. 1 Irvine Row Carlisle, PA 17013 Telephone: 717-249-7780 Attorney for Plaintiff CUMBERLAND VALLEY RENTAL vs. TAYLOR HOME REMODELING, INC. George F. Douglas, III, Esquire Supreme Court I.D.# 61886 In the Court of Common Pleas of Cumberland County Pennsylvania Dqd-XS3 No. Civil 2004 Civil Action Law 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 of 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 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 Ave. Carlisle, PA 17013 717-249-3166 BY F_ GEO GE F. D UGLAS, III, E QUIRE tb Attorney for Plaintiff DATE: fly J $ 20v L;p COMPLAINT The plaintiff, Cumberland Valley Rental, is a business located at 1 I 1 West King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 1 The defendant, Taylor Home Remodeling, Inc., is a corporation with its principal place of business located at 5103 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On January 29, 1999 the parties entered into a written contract with an effective date of January 29, 1999, for the rental and cleaning of uniforms for the employees of the defendant, Taylor Home Remodeling, Inc., in Mechanicsburg, Pennsylvania. A copy of the contract is attached hereto as Exhibit A. 4. The defendant, Taylor Home Remodeling, Inc., breached the contract by refusing to submit payment for services provided. A copy of the last statement submitted to the defendant is attached hereto as Exhibit B. 5. As a result of the breach of contract by the defendant, Taylor Home Remodeling, Inc., the plaintiff, Cumberland Valley Rental, has sustained a loss for total damages in the amount of $9,463.10, plus costs. WHEREFORE, the plaintiff claims of the defendant the sum of $9, 463. 10, plus costs, an amount requiring compulsory referral to arbitration under the local rules of court. DUNCAN, HARTMAN & DOUGLAS, P.C. BY ?r_ GEORGE F. OUGLAS, II SQUIRE Attorney for Plaintiff AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) : SS: COUNTY OF CUMBERLAND BEVERLY F. GEORGE, being duly sworn according to law, deposes and says that she is the Vice President of Finance for Cumberland Valley Rental, and that the averments of the within complaint are true and correct to the best of affiant's knowledge, information and belief. BEVERLY F. G RGE Sworn to and subscribed before me this the / 6"--day of (ka-,-s?, 12004. ?_ to Notary NO11AliY1l SEAM CAKIKE SORQ WMERLAW COUNTY W COMMISSION EXPIRES JUNE 20,2007 V CUMBERLAND VALLEY RENTAL Uniforms, Coveralls, Wipers, Mats Medical Scrubs & Protective Garments P.O. Box 329 111 West King Street Shippensburg, PA 17257 PHONE: 717-532-7622 FAX, 717-530-1314 Name: Taylor Home I,,:pcovemcntoeMnxk:ZwN6, TNg e7 Address, 5103 Carlisle Pike Effective Date, 19 -/-CW - 77, City, Mechanicsburg State: PA ZIP: 17055 _ - - --- - ne - - --- -- - - Phone 1 731-2556 RENTAL 1. Company agrees to furnish on a rental basis, and Customer agrees to use during the ten hereof, and any renewals, Customer pimento and AGREEMENT Industrial needs, hereinafter called 'Rental Items,' on the tens and conditions set forth in the schedule below, MIMflIB11 Rather of Persons Billed At-Q e s Quantity Description It Sete Ilfil Designer Price $6.00 per person weekly 2.. The Customer warrants that it is mat under contract with any other Party for furnishing rental treat covered by this Agintent or available from the Company. Customer acknowlgdges that the Company will he obligated to wake a substantial investment in uniforms andlor equipment to fulfill this Agreement, accordingly, the tuts of this Agreement shall be for a period of it months, frog and after date hereof. Either party lay cancel by giving written notice to the other party at least 90 days prior to the expiration date, unless so terminated this contract shall be automatically extended for like ten. In the event that during the ten of this Agreement for any renewal termj Customer has any objections or complaints about the services or service charges being charged, Customer shall immediately notify Company in writing of its objections or complaints and Company shall have a reasonable time after delivery of such notice In which to take such corrective action as say be necessary. The fellers of Customer to notify Company to writing of any objection or complaint within 10 days after the occurrence of the facts giving rise to any such objection or complaint shall constitute a waiver of such objection or complaint by Customer and shall not thereafter he the basis for termination, offset, or counterclaim. REPLACE 3. ITBR, Stitt VALDB: $ 9.00 ITEM: YAWN: $ COSTS USE, Trouser VALNB: $11.00 ITEM, VALOR, $ C I require flame retardant ganente, x I do not require flame retardant garments. 5. Special Instructions: Company tablets cost of $130 will be split with Cumberland Valley Rental. Your cost. $15 per tables. 110 Pieces Ninimut BANK EMBLEM CRG EMBLEM CRG COMPANY One The Per Garment, RIC I Per Shirt: Charge 19 Dated Chia-? day of -PJ , 19,g "/ ?. Customer. V17 Title rT!-PS?",,7- SETIP CBG I WASTE NATBR TREATMENT CHG I If Per Garment: NIC Per Reek; NIC Ji By / Gam- ?(.icw•e, Title PRICE 6. All prices are guaranteed for a period of 2 years from the date of Installation. Cumberland Valley Rental reserves the option to adjust CHARGES all rental prices every 2 years, not to exceed the increase in the Consumer Price Index for the previous 2 year period, on each anniversary date of this Agreement. No price shall exceed 11. TERMINATE 7. If the Customer fails to comply with this Agreement or if Customer elects to terminate it for any reason prior to the expiration of the tens above-stated, the Customer will pay the Company as liquidation charges, in amount equal to forty pgtj percent of the total regular weekly rental multiplied by the number of weeks remaining in the ten, plus the current replacement value of any garment not returned to the Company. In enforcing any tens of this agreement, the customer shall pay any costs including reasonable attorney fees or arbitration fees incurred by company. B. This Agreement shall be binding upon and shall ensure to the benefit of the personal representatives, successors, and assigns of the respective parties hereto, 9. This Agreement is entire and includes all understandings of the parties. No waivers or statements made by any representative of the Company shall be valid unless set forth hereto. 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I au EFpAWapp 8/02102 L061243 Invoice 56 .40 56 .40 8/09/02 .0610]9 Invoice 56 .40 112 .80 . 8/16/02 1062531 Invoice 56 .40 169 .20 _ 8/23/02 ,063163 Invoice $6 .40 225 .60 8/30/02 1063814 Invoice $6 .40 282 .00 8/31/02 03102-] Finance charge 6 .55 288 .55 9106/02 L064401 Inva ice 56 .40 314 .95 9/13/02 _065142 Invoice 56 .40 401 .35 - 9/20/02 L066175 Inve ice 56 .40 45] .]5 9/23/02 _066423 Invoice 56 .40 514 .15 9/30/62 33002-1 d6 Finance charge 4 .23 518 .38 110104/02 .667a 84 Invoice 56 .40 534 ]8 10/11/02 L061732 Invoice 56 .10 631 . .18 10110/02 _068363 Invoice 56. 40 683 .58 110/26/02 1869012 Invoice 56 .40 ]43 .98 110131/02 _03102-`5 Finance charge 7. 38 ]51. ]6 ?. 11701102. }069684 Invoice 56 ._40 008 .16 11/08/02 1030338 Invoice 56 .40 864 .56 ? 11/15/02 .030932 Invoice 56. 40 920, 96 . [ 11122102 L031618 Invoice 56. 40 9]] .36 11/29102 032244 Invoice 56. 40 1033 36 11/30/02 113002-600 Finance charge 11 .16 , 1044 .92 12/06/02 _032932 Invoice 56. 00 1101. 32 - 12/13/02 1073663 Invoice 56. 40 1153. ]2 L 12/20/02 _034215 Invoice 56. 40 1214, 12 12/23/02 1974842 Invoice 56. 40 1230 52 12/91/02 ".23102-.90 Finance charge 15. 63 . 1206, 19 n. 1/03103 L035521 Involca $6. 40 1342. 59 1/10/03 036155 Invoice 56. 40 1398 99 1/1]/03 L076893 Involca 56. 40 . 1455, 39 1/24/03 .033436 Invoice $6. 40 1511 ]9 yj - 1131103 &0]8035 Invoice 66. 40 , 1368. 19 p_= .1/81/03 . 3 ' ' 3103-8' Finance charge 19. 29 150]. 48 x? /03 2 /9 1030338 Invoice 56. 00 lr43 8 8 W 2114/03 1039390 Invoice 56. 40 170%. . . _, 28 , 2/21103 OBOG23 Involca 56. 40 1756. 68 2/28103 1080632 Involca 56. 40 1613. 05 2120/03 22803-04 Finance charge 22. 68 1835. 76 _ 3/03103 0981341 Invoice 56. 40 1892. 16 1c - _ 3/12/03 .0638 Invoice 6213. 92 0110. 08 3/14/03 1091990 Invoice 56. 40 8166. 48 3/13103 .0681 Invoice 1100. 00 9266. 4B '. 3/31103 33183-63 Finance charge 23. 54 9294 62 4/30103 43003-6s Finance charge 29. 23 9323. 25 6/31103 53103-52 Finance charge 139. 85 9463. 10 _ HANK You ,....... CUMBERLA ND VALLEY RENTAL GOTMIf OEPA I we9A ?:' 139.05 I 0.00 29.23 I 9294.02 "1.1-1 1(3 \'T 13 ? nom. a J J C?• N C. SHERIFF'S RETURN - REGULAR CASE NO: 2004-02253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND VALLEY RENTAL VS TAYLOR HOME REMODELING INC 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 TAYLOR HOME REMODELING INC the DEFENDANT , at 1516:00 HOURS, on the 20th day of May 2004 at 4 CLOUD COURT MECHANICSBURG, PA 17055 by handing to GERALD TAYLOR, SON, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this 2iG day of A.D. L u LL / l?Lc P?i.., . rothonotary' So Answers: R. Thomas Kline 05/21/2004 ANDOCO INC By: Deputy Sheriff Curtis R. Long Prothonotary office of the Protbonotarp QCumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor QR _ 42 S: CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square - Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573