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Home My WebLink About09-8227U ABRAHAM LAW OFFICES 45 East Main Street, Hummelstown, PA 17036 (717) 566-9380 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CLAIR E. DANIELS d/b/a : NO. 6 g? 7 KEY PAINTING & DECORATING CO. Plaintiff V. RYAN J. SILVAGIO and : CIVIL ACTION - LAW MILLER & NORFORD, INC. Defendants 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. Court Administrator 0' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CLAIR E. DANIELS d/b/a : NO. 2-2 7 KEY PAINTING & DECORATING CO. e ?r J Plaintiff V. RYAN J. SILVAGIO and : CIVIL ACTION - LAW MILLER & NORFORD, INC. Defendants COMPLAINT AND NOW, comes Plaintiff, Clair E. Daniels, d/b/a Key Painting & Decorating Co., by and through his attorney, Abraham Law Offices, Hummelstown, Pennsylvania, and files the following: I . Plaintiff, Clair E. Daniels d/b/a Key Painting & Decorating Co., is an adult individual whose business is located at 100 West Second Street, Hummelstown, Pennsylvania. 2. Defendant Ryan J. Silvagio (hereinafter "Silvagio") is an adult individual whose address is 516 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070 3. Defendant, Miller & Norford, Inc (hereinafter "Miller & Norford"), is a Pennsylvania corporation whose registered corporate address is 700 Ayers Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 4. Defendant Miller & Norford and/or Defendant Silvagio hired Plaintiff to perform commercial painting services for various properties from February, 2009 through May, 2009 in the Central Pennsylvania area. 5. Plaintiff performed all painting services at all of the properties in full compliance with the terms and conditions agreed upon by Plaintiff and Defendant Miller & Norford and/or Defendant Silvagio at all relevant times hereto. 6. Plaintiff performed all painting services at all of the properties using the proper materials and workmanship in accordance with commercial painting industry standards. 7. Defendant Miller & Norford and/or Defendant Silvagio have failed to pay Plaintiff in full for the painting services provided at the properties and there is an outstanding balance due to Plaintiff in the amount of Twenty Five Thousand Three Hundred Eighty Seven 28/100 ($25,387.28) Dollars, as stated in the invoice submitted by Plaintiff to said Defendants in September, 2009, which invoice is attached hereto and made part hereof as Exhibit "A". 8. Plaintiff believes and therefore avers that Silvagio individually and personally benefited from the services provided by Plaintiff at the properties referenced in Exhibit "A" and is personally responsible and liable to Plaintiff for all amounts due to Plaintiff and any and all damages incurred by Plaintiff as a result of the aforesaid outstanding balance due to Plaintiff. 9. Despite repeated demands for payment in full by Plaintiff and despite repeated promises by Defendant Silvagio that the outstanding amount due to Plaintiff would be paid in full, the aforesaid outstanding balance remains unpaid. 10. Plaintiff avers that Defendant Silvagio and Defendant Miller & Norford are jointly and severally liable to Plaintiff for the aforesaid outstanding balance due to Plaintiff. 11. As a result of the failure of Defendant Silvagio and/or Defendant Miller & Norford's failure to pay the aforesaid outstanding balance due to Plaintiff, Plaintiff has been forced to incur attorney fees, litigation costs and costs of collection in the amount of Two Thousand Five Hundred ($2,500.00) Dollars, which fees and costs are continuing. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to enter judgment in favor of Plaintiff and against Defendant Silvagio and in favor of Plaintiff and against Defendant Miller & Norford, jointly and severally, for compensatory damages in the amount of Twenty Five Thousand Three Hundred Eighty Seven 28/100 ($25,387.28) Dollars, plus Two Thousand Five Hundred ($2,500.00) Dollars in attorney fees and costs of litigation and collection, which fees and costs are continuing, as well as any other relief the Court may deem proper. Respectfully submitted: James W. Abraham, Esquire Abraham Law Offices 45 East Main Street Harrisburg, PA 17101 (717) 566-9380 Attorney for Plaintiff, Clair E. Daniels d/b/a Key Painting DATE: 11/30/09 & Decorating Co. EXHIBIT "A99 OFP'TCES 100 West 2nd fytreet {717'l 5664= HAmeteletow , PA IMG FAX 56&IU4 Outstanding Miller & Norford Invoices Dke Job No. Job N m 10-Feb-09 801 Spangler Rd 13-Feb-09 William Sonoma touch-up 19-Feb-09 St. Paul's Church 19-Feb-09 Knisely Garden Center 17-Mar-09 Knisely Garden Center 09-Apr-09 S, 19th St. Warehouse* 09-Apr-09 PNC Main Room 225 16-Apr-09 Knisely Garden Center (ret) 17-Apr-09 S. Londonderry Fire Co 20-Apr-09 PMA 225 State St 21-May-09 PMA 225 State St Total 25-]un-09 Knlsely Garden Center 11-Sep-09 S. 19th St. Warehouse* *Paid by Ken Laird Miller & Norford, Inc. 506 Bridge St. New Cumberland, PA 17070 Phone (717) 774-4500 Fax (717) 7744515 Owner Ryan 1. Sifvagio Cell (717) 943-3335 Amo 160.00 1,313.19 1,980.00 1,440.00 2,875.50 495.00 240.00 479.50 14,659.09 1,570.50 174.50 25,387.28 -1,000.00 -495. QO 23,892.28 Cr Epoxy CoatinP * W1teq=Wft9 * Ir,du&UW Co#HAP * VIRYI W9k0Veft9 w sand is Water Bhwfg VERIFICATION I, Clair E. Daniels d/b/a Key Painting & Decorating Co, the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. 3 DATE: Clair h.Daniels d/b/a Key ainting X-J Decorating Co. r• ? ? !n7VY 1039NOV 30 All 9: 55 ."e ?? LY r f„ f 76-,- .5'd pet c-??y ct-4? 7g7?r- //?-- 3 y 19 u David (U. Bueff Prothonotary Y,irkS. Sohonage, E S'Q Solicitor 4?fnee T, Simpson is, Deputy Prothonotary Irene E. Morrow 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, Tennsykania i CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, 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 (717) 240-6195 • Fax (717) 240-6573