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Home My WebLink About10-3194ABRAHAM LAW OFFICES, LLC ' 45 East Main Street, Hummelstown, PA 17036 (717) 566-9380 IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY, PENNSYLVANIA GLAIR E. DANIELS d/b/a : NO. ~~- 3~ y G~ ~/v/ KEY PAINTING & DECORATING CO. Plaintiff : ' C7 C17 ~;J . Tl ~` PERRY L. SMITH AND GATEWAY `--'=j" .~~. c ~ ~?~ CONSTRUCTION, INC. : CIVIL ACTION -LAW - ~- ~' ~: ~~~ Defendants r , ; _, ~-~- ~_..: ~; 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 4~' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ~ /ZIC~" alga ~~G IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CLAIR E. DANIELS d/b/a : NO. KEY PAINTING & DECORATING CO. Plaintiff v. PERRY L. SMITH AND GATEWAY CONSTRUCTION, INC. : CNIL ACTION -LAW 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: 1. 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, Perry Smith, is an adult individual whose address is PO Box 247, Summerdale, Cumberland County, Pennsylvania and Defendant, Gateway Construction, Inc. is a Pennsylvania corporation whose registered corporate address is 5 Raydom Street, Box 247, Summerdale, Cumberland County, Pennsylvania, 17093 (both hereinafter referred to as "Defendants"). 3. Defendants hired Plaintiff to perform commercial painting services at various locations from on or about January, 2009 through March, 2010, as listed and/or referenced on Plaintiff s list of Outstanding Invoices (hereinafter "Plaintiff's Invoice") submitted to Defendants, which Plaintiff's Invoice is attached hereto and made part hereof as Exhibit "A". 4. Plaintiff performed all painting services at all of the locations listed in Plaintiff's Invoice in full compliance with the terms and conditions agreed upon by Plaintiff and Defendants at all relevant times hereto. 5. Plaintiff performed all painting services at all of the locations using the proper materials and workmanship in accordance with commercial painting industry standards. 6. Defendants are in breach of the parties' agreement for Plaintiff to provide commercial painting services to and/or on behalf of Defendants and for payment by Defendants' for said services, as Defendants have failed to pay Plaintiff in full for the painting services provided as stated in Plaintiff's Invoice and there is an outstanding balance due to Plaintiff in the amount of Twenty Two Thousand One Hundred Eight and 87/100 ($22,108.87) Dollars, as stated on Plaintiff's Invoice (Exhibit "A"). 7. Plaintiff believes and therefore avers that Defendant Perry L. Smith individually and personally benefited from the services provided by Plaintiff at the locations listed on Plaintiff's Invoice 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. 8. Despite repeated demands for payment in full by Plaintiff, Defendants have failed to Plaintiff the amount due and the aforesaid outstanding balance remains unpaid. 9. Defendants have been unjustly enriched as Plaintiff performed all painting services agreed upon and Defendants received the economic and monetary benefits of Plaintiff s painting services but Defendants have not justly compensated Plaintiff for the services rendered as agreed between Plaintiff and Defendants. 10. Plaintiff avers that Defendants aze jointly and severally liable to Plaintiff for the aforesaid outstanding balance due to Plaintiff. 11. As a result of the failure of Defendants 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) Dollazs, which fees and costs aze continuing. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to enter judgment in favor of Plaintiff and against Defendant Perry L. Smith and against Defendant Gateway Construction, Inc., jointly and severally, for compensatory damages in the amount of Twenty Two Thousand One Hundred Eight 87/100 ($22,108.87) Dollars, plus Two Thousand Five Hundred ($2,500.00) Dollazs in attorney fees and costs of litigation and collection, which fees and costs aze continuing, as well as any other relief the Court may deem proper. Respectfully submitted: James W. Abraham, Esquire Abraham Law OfFces 45 East Main Street Harrisburg, PA 17101 (717) 566-9380 Attorney for Plaintiff, Clair E. Daniels d/b/a Key Painting DATE: 5/14/10 & Decorating Co. E~;HIBIT "A" ~~ s` ~ KEY FAINTING & DECORATING CO. 100 West 2nd Street (717) 566-0280 '' Hunvnelstown, PA 17036 FAX 566-1294 ~~ Outstanding Gateway Construction Invoices Job Date Job No. Job Name Amount Total 3-Nov-09 BEO-901 Berman House T&M 573.63 23-Nov-09 BEO-901 Berman House (ret) 63_74 637.37 13-Jan-10 ELO-902 Electrolux Pottsville Office 1,755.00 22-Feb-10 ELO-902 Electrolux Pottsville Office (ret) 195.00 1,950.00 23-Nov-09 FIO-902 Direct TV (ret) 409.00 409.00 9-Oct-09 GEO-904 Menlo 7125 Grayson Road 2,034.00 23-Nov-09 GEO-904 Menlo 7125 Grayson Road (ret) 976.00 3,010.00 11-Nov-09 PEO-904 Pepsi (ret) 190.00 190.00 22-Feb-10 PRI-001 PPG 3500 Industrial Road 4,693.50 22-Mar-10 PRI-001 PPG 3500 Industrial Road (ret) 521.50 5,215.00 19-Nov-09 PRO-908 1465 Nitterhouse Rd 5,562.00 26-Jan-10 PRO-908 1465 Nitterhouse Rd (ret) 618.00 6,180.00 26-Oct-09 RPO-901 PEMA Radio (ret) 195.00 195.00 22-Feb-10 SAO-901 4900 Ritter Rd. State Auto (ret) 217.50 217.50 15-Dec-09 SPO-901 35 Dauphin Drive 3,694.50 25-Jan-10 SPO-901 35 Dauphin Drive (ret) 410.50 4,105.00 Tota I 22,108.87 Epoxy Coatings * Waterproofing * Industrial Coatings * Vinyl Wallcovering * Sand & Water Blasting M#~7'- R :! -~Q t .~ _ci l : ~c^- ~'M ~~'~~H-t='tM L-f-'t4E OFF Z C~.~ ~~~~ I, ~aia• E. 'ela c~~i-j~ Kev Painting ~ I~r~ah'ng~Cr,~, ,the imci~ herebq verify :and ~gnt~rnl thex I ~tavr, reviewed the foregoing docwment and the .tatem ~ynta made therein .are #rue and ~o~c~t to the lest of my ~nwledge, ir~otifxn and b~eiief. I further in~ie~ncl#hgt any false tements m,a,~le herein are subject to the Penalties of t8 Fa.C.S.A. S~ectic~n 49(}4 ~I$ting ~ t~nsvvoffi falS.if~adDn tQ authorities. SATE; ~~ ~ 3 ~- ~ C7 ~ ~, . Glair Vela d/h/a - Painting & Decaradng ~;o. ~'~-!c!? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~r~~~tr o~ i~rrrtber~a~~ ,, T ~ F~= t1FFli = '~-E «"~F2iFF 1=} t-ij _,~-~ .>'_ ~~~- ~~ ~ ,r.~Y Jody S Smith Chief Deputy Edward L Schorpp SOllCItOr 2QIQ ~~~ 2a al,' ~~ ~8 }~Cc ~~'l~ i LtI'r±~ ~'Ft. Clair E. Daniels d/b/a Key Painting & Decorating Co. vs. Case Number Perry L Smith (et al.) 2010-3194 SHERIFF'S RETURN OF SERVICE 05/17/2010 03:58 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2010 at 1553 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Perry L. Smith, by making known unto Dorthy Staudt, Secretary for Gateway Construction, Inc. and adult in charge at 5 Radam Street, Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to her personally the said true and correct copy of the same. _~ E ---_ RYAN BURGETT, EPUTY 05/17/2010 03:58 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2010 at 1553 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gateway Construction, Inc., by making known unto Dorthy Staudt, Secretary for Gateway Construction, Inc. at 5 Radam Street, Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to her personally the said true and correct copy of the same. ~~ RYAN BURGETT, DEPUTY SHERIFF COST: $44.44 May 18, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF !c! ~otev,Suite Sheriff. ie~eos~.~ft. Ina;.