HomeMy WebLinkAbout09-5889I'D
BLAIN & SONS PAVING, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. CIVIL
PEQ CONSTRUCTION, INC.
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 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, 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
Telephone: 717-249-3166
BLAIN & SONS PAVING, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. :NO. CIVIL
PEQ CONSTRUCTION, INC.
Defendant
COMPLAINT
1. Plaintiff Blain & Sons Paving, is a duly organized Pennsylvania Corporation with an address
of 64 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania, 17015.
2. Defendant PEQ Construction, Inc. is a duly organized Pennsylvania Corporation with an
address of 88 Creek Road, East Berlin, York County, Pennsylvania 17316.
3. Jurisdiction lies with Cumberland County in that the contract for the work done by Plaintiff at
Defendant's request was offered and accepted in Cumberland County.
COUNT I
4. Plaintiff completed paving in the capacity of a sub-contractor at the request of Defendant PEQ
Construction, Inc. at a site located at 151 Quail Drive, Dillsburg, Pennsylvania 17019 on or about
April 23, 2009. An Invoice for the work is attached hereto, incorporated by reference and
marked Exhibit "A".
5. The total amount due on the invoice was $1,428.00.
6. The entire amount due in the amount of $1,428.00 remains unpaid, despite repeated demands
for payment.
7. The work done at the request of Defendant was done in a workmanlike manner.
8. Interest has accrued on the amount due at the rate of 1.5% per month since April 23, 2009 and
will continue to accrue.
NOW THEREFORE, Plaintiffs pray the Court award Plaintiff damages in excess of
$1,428.00 plus interest and costs.
COUNT II
9. Paragraphs 1, 2 and 3 are incorporated herein by reference.
10. Plaintiff completed paving in the capacity of a sub-contractor at the request of Defendant
PEQ Construction, Inc. at a site located at 875 Quaker Meeting Road, Dillsburg, Pennsylvania
17019 on or about October 31, 2008. An invoice for the work is attached hereto, incorporated by
reference and marked Exhibit B".
11. The total amount due on the invoice was $8,955.20.
12. The amount of $8,705.00 remains unpaid, despite repeated demands for payment.
13. The work done at the request of Defendant was done in a workmanlike manner.
14. Interest has accrued on the amount due at the rate of 1.5% per month since November 30,
2008 and will continue to accrue.
NOW THEREFORE, Plaintiffs pray the Court award Plaintiff damages in excess of
$11,000.00 plus interest and costs in the above-mentioned matter.
1 Irvine Row
Carlisle, PA 17013
Attorney ID# 22080
717.249.7780
VERIFICATION
The undersigned, having read the attached Complaint, hereby verifies that the facts set
forth therein are true and correct to the best of his knowledge, information and belief.
This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to
unsworn falsification to authorities.
Ate,
Rey Blain, President
Blain & Sons Paving, Inc
Dated: k-12-64
INVOICE
Phone: 717-258-6500
Somok1p CONS Fax: 717-249-6590 Invoice
P A V I N G. Number: 1291
64 McAllister Church Road
Carlisle, PA 17015 Invoice
Date: Oct 31, 2008
fit T p,
PEQ Construction
88 Creek Road
East Berlin, PA 17316
3^6i.4riF
PEQ 875 Quaker Meeting 11/30/08
TOTAL 8,705.00
Overdue invoices are subject to interest charges of 1.5% per month
INVOICE
717
,1? SUNS P Fax.: -249-6590
ft Invoice
P A V I N GIN( Number: 1332
64 McAllister Church Road
Carlisle, PA 17015 Invoice
Date: Apr23, 2009
PEQ Construction, Inc
88 Creek Road
East Berlin, PA 17316
F Gusto
y
PEQ 151 Quail Drive 4/23/09
Ou..-sl3u 6-te PA 17011
Item description Upit Price
? Am 3
357.00
sq ft of paving at above location
I
4.00
t
1,428.00
VA,
aooo-v-. u
TOTAL 1,428.00
Overdue invoices are subject to interest charges of 1.5% per month
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OF THE F';', ^,?;nT?RY
2009 AUtl 27 PIN 2, 27
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Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
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OP FiGEOF THE S"ERIFF
FILED-C'
4'i='CE
CF HE :C' T'Apy
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
Blain & Sons Paving, Inc.
vs.
PEQ Construction, Inc.
2009 CEO' 24 AN 8: 2
%I 7*y
Case Number
2009-5889
SHERIFF'S RETURN OF SERVICE
08/28/2009 R. Thomas Kline, Sheriff who being duly swom according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: PEQ Construction, Inc., but was unable to locate them in
his bailiwick. He therefore deputized the Sheriff of Adams County, PA to serve the within Complaint and
Notice according to law.
09/11/2009 05:20 PM - York County Return: And now September 11, 2009 at 1720 hours I, Richard P. Keuerleber,
Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint, upon the within named defendant, to wit: PEQ Construction, Inc. by making known unto Larry
Pequignot, President at 88 Creek Road East Berlin, PA 17316 its contents and at the same time handing
to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
September 23, 2009
SO ANSWERS,
R THOMAS INE, SHERIFF
BLAIN & SONS PAVING, INC.
Plaintiff
vs.
PEQ CONSTRUCTION, INC.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 09-5889 CIVIL
PRAECIPE TO SATISFY
TO THE PROTHONOTARY
PLEASE MARK THE ABOVE-CAPTIONED MATTER SATISFIED AND PAID IN
FULL.
\ m M-4, \ L %_
illiam A. Duncan, Esquire
1 Irvine Row, Carlisle, PA 17013
Attorney for Plaintiff
717-249-7780
FILED-OFFICE
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2009 OCT -8 PM 1: 53
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