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Home My WebLink About09-8158David C. Miller, Jr., Esquire Supreme Court # 36504 Law Office of David C. Miller, Jr. 1100 Spring Garden Drive, Suite A Middletown, PA 17057 717-939-9806 717-939-2798 (Fax) davidcmiller*rQverizon.net PEIFER CONSTRUCTION, INC., Plaintiff V. MADISON HOMES GROUP, INC., and GEORGE M. ESTEP, H : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09 - 81,58 l.; ?v i 1 Term : 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 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBERS 14004904108 or 1-717-249-3166 David C. Miller, Jr., Esquire Supreme Court # 36504 Law Office of David C. Miller, Jr. 1100 Spring Garden Drive, Suite A Middletown, PA 17057 717-939-9806 717-939-2798 (Fax) davidcmillerjrii ,verizon.net PEIFER CONSTRUCTION, INC., Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 CIVIL TERM MADISON HOMES GROUP, INC. and GEORGE ESTEP, H, President : COMPLAINT CIVIL ACTION 1. The plaintiff, Peifer Construction, Inc., (hereinafter "PCP'), is a corporation registered to do business in the Commonwealth of Pennsylvania, with a principal place of business located at 1365 South Eisenhower Blvd., Harrisburg, Dauphin County, PA 17111. 2. Defendant, Madison Homes Group, Inc. (hereinafter "Madison"), is a corporation registered to do business in the Commonwealth of Pennsylvania, with a principal place of business located at 405 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Defendant, George Estep, II (hereinafter "Bstep"), is an adult individual and is President of Madison Homes Group, Inc., which is a corporation registered to do business in the Commonwealth of Pennsylvania, with a principal place of business located at 405 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 4. On or before June 22, 2008, Plaintiff PCI entered into an oral contract with Defendant Madison to perform certain services and provide certain materials for the construction of a poured concrete foundation. 5. Pursuant to the request of Defendant Madison, through its President, Defendant George Estep, H, Plaintiff PCI sold and delivered to Defendants goods and services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff PCI's invoices, true and correct copies of which are attached hereto, made a part hereof, and marked as Exhibit "A." 6. Defendants Madison and Estep received and accepted the goods and services described in Exhibit "A." 7. The prices, including service and/or other charges, which are set forth in Exhibit "A" are the fair, reasonable and market prices and the prices which Defendants, Madison and Estep, agreed to pay. 8. All credits to which Defendants Madison and Estep are entitled are set forth in Exhibit "A." 9. The sum of $8,184.96 is due and owing as of October 31, 2009, from Defendants Madison and Estep to Plaintiff PCI on the sale of goods and services. 10. Although demand has been made, Defendants Madison and Estep have failed to make payment of the amount due. COUNT I - BREACH OF CONTRACT 11. Plaintiff PCI hereby incorporates by reference the averments contained in Paragraphs 1-10 as if fully set forth. 2 12. Defendants have breached an expressed or implied agreement, directly or through agents, to pay for the goods and services provided to Defendants Madison and Estep and/or Plaintiff PCI's agents. WHEREFORE, Plaintiff PCI claims that there is now justly due and owing by Defendants the sum of $8,184.96, with interest from October 31, 2009, at the rate stated on the invoices of 1.5% per month. COUNT II - QUANTUM MERRUIT 13. Plaintiff PCI hereby incorporates by reference the averments contained in Paragraphs 1-12 as if fully set forth. 14. In the alternative, Defendants Madison and Estep are liable to Plaintiff PCI and/or have been unjustly enriched in the amount of $8,184.96, with interest from October 31, 2009, at the rate stated on the invoices of 1.5% per month. WHEREFORE, Plaintiff PCI claims there is now justly due and owing by Defendants Madison and Estep the sum of $8,184.96, with interest from October 31, 2009, at the rate stated on the invoices, 1.5% per month, or 18% annually. RESPECTFULLY SUBMITTED, fr/to?q David C. Miller, Jr., Esquire Supreme Court # 36504 Law Office of David C. Miller, Jr. 1100 Spring Garden Drive, Suite A Middletown, PA 17057 717-939-9806 davidcmillerjr&verizon.net Attorney for Plaintiff, Peifer Construction, Inc. OCT-21-2009 02:22P FROM:LAW OFFICE OF DAVID 7179392798 TO:9859152 P.8/10 VERIFICATION Roger C. Peifer, H, states that he is Vice President of Peifer Construction, Inc., and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 related to unsworn falsification to authorities. Date: roger C. fifer, EXHIBIT "A" 7179859152 PEIFEP CnNgT TF.r -' 'W Te. Peifer Construction, Inc. 1365 S. Eisenhowex Blvd, H.atrisburg, PA 17111 (717) 985-9150 f AX (717)985-9152 FED. M. 25-1729693 To: Madison [come Gmup 405 Bridgc St, New Cumberland. PA 17070 Statement Date 9/2!2009 Amount Due Amount Enc. S8, 194.62 Date Transaction Amount Bilanoe Job #29075 DI[Murg- 05/23f1008 INV # 105773, Due 0612212008. Oft, Amount $6.741.73. Mailed 6/2!08 6,741.73 6,741,73 O"212009 iNV HFC 79. Due 0910212009.Orig, Amount $1,452.89. Finwwe Chime 1,452,89 8,194.62 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 [SAYS PAS T OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 1,452.89 0.1x1 0.00 0.00 6,741.73 $8,194.62 7179259152 Peifer Construction, Inc. 065 S. Eisenhower I31vc1. Harrisburg, PA 1711.1 (717) 9135-9150 FAX (717)985-9152 FED. 1D. 25-1729693 To: MadiM,)n i lomc (,rnur 4o5 Bridge St, New cumherland, PA 17070 Date Transaction PETFER CST INC PAGE 02/03 Job #28075 Dilisburg- 05/2312008 IN V tM05773. t)uc 0 6j2VJ2008. orig. Arnotint. $6,741.73. Mvled 6!2J08 09/02/2009 INV € PC 79. T)ue 09/0212W9. O fig, Amount $1,452,89. Ninanw Charge ftll31i2t104 1NV {ti't'. K1. Duc 1013112009. (kig. Amount $190.34. Finance Charge - DAYS UE PAST 61-90 DUE CURRENT 1-30 DAYS DuePAST 31-60 DDAYS 190.34 A.00 1.452.89 0.()() Statement Date i Ot31 rz00g mount Due Amount Enc. SR.1 84.96 Amount Balance 6,541,73 1 6,541.73 1,452.89 7.994.62 190.34 9,184.96 OVER 90 DAYS Amount Due PAST DUE 0041.73 Tli.l Rd,96 'r + c.;'`Y7fpo f'10: `. ?1-74"59152 PEIFEP CCMJST INC 2:23 PM Peifer Construction, Inc. 11t SM. Customer Balance Detail All Transactions Tyke Date Plum Ar.Psunf Madison Home GMP Jab 028075 DifsbUM 512312043 105773 106 • Aa oun% Receivable Inwice Invoice 902004 FC 79 106 - A=unts Reoelvable Payment 9/212009 12290 106 - Aooounts Receivable Paym nt 1 o/15I20t19 12365 1 W - Accounts Rene Invoice 10!3112009 FG 81 106 • Amounts ReceivaWe Total Job M075 Digsburg Total Madison Home Group TOTAL Amount Balance PAGE @3/83 6,741.73 6,741.73 1.452.89 8,194.62 -100.00 11.094.62 -100.04 7,944.62 190.34 8.184.96 6,184.96 8,184.96 8,184.96 8,184.96 8,i84.96 8,184,96 Psi. i OF TF Fh?'T'r', f : ?TRRY 2009 NOV 24 ?? 9' 28 culiv - Y` $'1 S. So Po AITY er11' oloa4 PTA jsyaW Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Defendant PEIFER CONSTRUCTION, INC. Plaintiff v. MADISON HOMES GROUP, INC Defendant .~ . ~_~._ {] Z~64 ~ 1i'~ ~~ ~~`i ~~~ ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.09-8158 Civil Term CIVIL ACTION -LAW ANSWER TO AMENDED COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in remainder. It is admitted that Defendant, Madison Homes Group, Inc. (hereinafter "Madison Homes") agreed to pay the prices charged for the supplies and services. Madison Homes denies that it owes any interest. Said charge was not part of the oral agreement and no delivery tickets informed Madison Homes of this contractual term. 7. Admitted. 8. Denied. Madison Homes disputes the interest charges. 9. Admitted. COUNT I -BREACH OF CONTRACT 10. Denied. No responsive pleading is required. 11. Admitted in part, denied in remainder. It is admitted that Madison Homes has not fully paid for the goods and services provided. Madison Homes disputes the accrual of any interest charges. WHEREFORE, Madison Homes respectfully requests this Court to determine the proper amount owed. COUNT II -QUANTUM MERUIT 12. Denied. No responsive pleading is required. 13. Admitted in part, denied in remainder. It is admitted that Madison Homes has not fully paid for the goods and services provided. Madison Homes disputes the accrual of any interest charges WHEREFORE, Madison Homes respectfully requests this Court to determine the proper amount owed. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: / ~ p 0 By: Craig Diehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Defendant VERIFICATION I, George M. Estep, II, President of Defendant, Madison Homes Group, Inc., above- named, being duly sworn according to law, deposes that the facts set forth in the foregoing Answer to Amended Complaint are true, as I verily believe. Date: / Z~ ~ CERTIFICATE OF SERVICE AND NOW, the o?o ~ day of January, 2010, the undersigned hereby certifies that a true and correct copy of the foregoing Answer to Amended Complaint was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: David C. Miller, Jr., Esquire 1100 Spring Garden Drive, Suite A Middletown, PA 17057 e A. Fike, Legal Secretary PEIFFER CONSTRUCTION INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. N0.09-8158 CIVIL MADISON HOMES GROUP, INC., Defendant . ORDER AND NOW, this /~` day of June, 2010, the appointment of a Boazd of Arbitrators in the above-captioned case is VACATED. George B. Faller, Jr., Esquire, Chairman, shall be paid the sum of $50.00. ~~l'~'83 BY THE COURT, ~~' 4~.2 ! ~ ~ U .~i~'t George B. Faller, Jr., Esquire Court Administrator ear ~,~~.. ~,~,~ ~~ I :rlm /~ ~ Y ~ ~ _„ ~1~8~ra ~F ~? ~- ~,~ ~~~ _ J. .ter i,.. y~ 'l . .'' '~. : C f ~t " y> ~~. ca o `O David 1D. cBued e;, Renee X Simpson Prothonotary , y 1s` Deputy cProthonotary ' _4ser, pp 7(irkS. Sofionage, ESQ • .2e WI --r Irene E. Morrow Solicitor 77 so •nd Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 09 --BI. 8 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,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, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, P)4 17013 • (717)240-6195 • Fad(717)240-6573