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Home My WebLink About05-4725Osborne & Rettig,P.C. By: James DeCinti, Esquire Supreme Ct. I.D. #77421 126-128 Walnut Street Harrisbure. PA 17101 Attorneys for Plaintiff, Harrisburg-York Overhead Door, Inc. t/d/b/a Overhead Door Company of Harrisburg-York HARRISBURG-YORK OVERHEAD DOOR, INC. t/d/b/a OVERHEAD DOOR COMPANY OF HARRISBURG-YORK, Plaintiff V. STARNET TECHNOLOGIES, INC. t/d/b/a CALEDONIA CONSTRUCTION SERVICES, STARNET ENTERPRISES, INC. t/d/b/a CALEDONIA CONSTRUCTION SERVICES, STARNET GROUP, LP t/d/b/a CALEDONIA CONSTRUCTION SERVICES, RONALD BLYSTONE t/d/b/a CALEDONIA CONSTRUCTION SERVICES, and CALEDONIA CONSTRUCTION SERVICES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 0S - )- 7oZS l_ l u L ??CJLl' l NOTICE TO DEFEND 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de Ins proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 800-990-9108 Osborne & Rettig, P.C. Attorneys for Plaintiff, Harrisburg-York By: James DeCinti, Esquire Overhead Door, Inc. t/d/b/a Overhead Supreme Ct. I.D. #77421 Door Company of Harrisburg-York 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 HARRISBURG-YORK OVERHEAD DOOR, INC. t/d/b/a OVERHEAD DOOR COMPANY OF HARRISBURG-YORK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. STARNET TECHNOLOGIES, INC. t/d/b/a CALEDONIA CONSTRUCTION SERVICES, STARNET ENTERPRISES, INC. t/d/b/a CALEDONIA CONSTRUCTION SERVICES, STARNET GROUP, LP t/d/b/a CALEDONIA CONSTRUCTION SERVICES, RONALD BLYSTONE t/d/b/a CALEDONIA CONSTRUCTION SERVICES, and CALEDONIA CONSTRUCTION SERVICES, INC., Defendants CIVIL ACTION - LAW NO. O S - y 7,;?s COMPLAINT 1. Plaintiff Harrisburg-York Overhead Door, Inc. t/d/b/a Overhead Door Company of Harrisburg-York (hereinafter "Overhead Door") is a business entity that does business in Cumberland County. 2. Defendant Stamet Technologies, Inc. is a Pennsylvania business corporation located in Cumberland County which on information and belief does business as Caledonia Construction Services, and/or Caledonia Construction and/or Caledonia Construction Services, Inc. Defendant Starnet Enterprises, Inc. is a Pennsylvania business corporation located in Cumberland County which on information and belief does business as Caledonia Construction Services, and/or Caledonia Construction and/or Caledonia Construction Services, Inc. 4. Defendant Stamet Group, LP is a Pennsylvania limited partnership located in Cumberland County which on information and belief does business as Caledonia Construction Services, and/or Caledonia Construction and/or Caledonia Construction Services, Inc. 5. Defendant Ronald Blystone is an adult individual doing business in Cumberland County and on information and belief does business as Caledonia Construction Services and/or Caledonia Construction and/or Caledonia Construction Services, Inc. 6. Defendant Caledonia Construction Services is the fictitious name of a business entity owned and/or operated by one or more of the named Defendants in Paragraph 2 through 5 and/or 7 of this Complaint. 7. Defendant Caledonia Construction Services, Inc., on information and belief is a Pennsylvania business corporation which does business as Caledonia Construction and/or Caledonia Construction Services. 8. Venue is proper in Cumberland County because all Defendants are located in and regularly conducts business in Cumberland County, Pa.R.C.P. 2179(a)(2). 9. Between December 2004 and April 2005, Plaintiff supplied Defendants with goods and services in connection with Defendants' business. 10. The prices of the goods and services provided by Plaintiff are fair and reasonable and were agreed to by Defendants. H. Defendants have failed to pay for the goods supplied and services rendered by Plaintiff, and despite numerous demands has refused and continues to refuse to pay same. 12. Plaintiff demands from Defendants $4,732.62, which is due and owing for the goods and serviced provided by Plaintiff to Defendants. 13. In accordance with the course of dealing between the parties, Plaintiff is entitled to interest on the past due amounts at a rate of 18% per annum (1.5% per month) to be calculated at the time of trial, and claim is made therefore. 14. In accordance with the course of dealing between the parties and pursuant to law, Plaintiff is entitled to reasonable attorneys fees and costs in connection with this matter, and claim is made therefore. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $4,732.62 plus interest to be calculated at the time of trial and attorneys fees and cost to be calculated at the conclusion of this matter. Dated: q/$/0 Respectfully submitted, OSBORNE & RETTIG, P.C. I BY /h s DeCinti, Esquire Supreme Ct. I.D. #77421 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorney for Plaintiff VERIFICATION I, Bruce Navin, Assistant General Manager of Overhead Door Company of Harrisburg- York hereby verify and state that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom verification to authorities. Dated: 7- Z9• S c avin n f ? rv JOHN STONE and MARY ANN STONE, his wife, Plaintiff VS. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED NO: 05-4725 NOTICE TO PLEAD TO: John Stone and Mary Ann Stone c/o Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: October 21, 2005 BY: C ISTOPHER M. REESER, ESQUIRE I.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 . Attorneys for Defendants JOHN STONE and MARY ANN STONE, his wife, Plaintiff vs. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED NO: 05-4725 DEFENDANTS' ANSWER TO THE COMPLAINT WITH NEW MATTER Denied. Answering Defendants do not have sufficient information to form a belief as to the truth or falsity of the averments in Paragraph 1. Proof thereof is demanded at trial. 2. Denied. Answering Defendants do not have sufficient information to form a belief as to the truth or falsity of the averments in Paragraph 2. Proof thereof is demanded at trial. 3. Admitted. 4. Admitted. 5. Denied. HMC Hospitality Management Corporation is not a Pennsylvania Corporation. By way of further answer, HMC Hospitality Management Corporation does not have any ownership interest in the Radisson Penn Harris Hotel and Convention Center or any involvement in the operation of the Radisson Penn Harris Hotel and Convention Center. 6. Admitted in part and denied in part. Denied that HMC Hospitality Management Corporation has any ownership interest in the Radisson Penn Harris Hotel and Convention Center or has any involvement in the operation of the Radisson Penn Harris Hotel and Convention Center. 7. Admitted in part and denied in part. Denied that HMC Hospitality Management Corporation has any ownership interest in the Radisson Penn Harris Hotel and Convention Center or has any involvement in the operation of the Radisson Penn Harris Hotel and Convention Center. Admitted in part and denied in part. Admitted that on February 11, 2003, Plaintiff John Stone was lawfully on the premises of the Radisson Penn Harris Hotel and Convention Center. Denied that HMC Hospitality Management Corporation has any ownership interest in the Radisson Penn Harris Hotel and Convention Center or has any involvement in the operation of the Radisson Penn Harris Hotel and Convention Center. 9. The averment in Paragraph 9 is a legal conclusion to which no responsive pleading is required. 10. The averment in Paragraph 10 is a legal conclusion to which no responsive pleading is required. CAUSE OF ACTION FIRST COUNT John Stone, Plaintiff v. Radisson Penn Harris Hotel and Convention Center, Penn Lodge Partners, L.P., d/b/a Radisson Penn Harris Hotel and Convention Center and HMC Hospitality Management Corporation, Defendants 11. No responsive pleading required. 12 a -j. The averments of paragraph 12 and subparagraphs 12a -j are conclusions of law to 2 which no responsive pleading is required. To the extent that the averments in paragraph 12 and subparagraphs 12a-12j are deemed to be factual allegations, those allegations are denied pursuant to Pa.R.C.P. 1029(e). Denied that HMC Hospitality Management Corporation has any ownership interest in the Radisson Penn Harris Hotel and Convention Center or has any involvement in the operation of the Radisson Penn Harris Hotel and Convention Center. 12k. Stricken by stipulation of the parties. 13 - 19. The averments in paragraphs 13 - 19 contain conclusions of law to which no responsive pleading is required. To the extent that the averments in Paragraphs 13 - 19 are deemed to be factual, those averments are denied pursuant to Pa.R.C.P. 1.029(e). Denied that HMC Hospitality Management Corporation has any ownership interest in the Radisson Penn Harris Hotel and Convention Center or has any involvement in the operation of the Radisson Penn Harris Hotel and Convention Center. WHEREFORE, Defendants request that judgment be entered in their favor. CAUSE OF ACTION SECOND COUNT Mary Ann Stone, Plaintiff v. Radisson Penn Harris Hotel and Convention Center, Penn Lodge Partners, L.P., d/b/a Radisson Penn Harris Hotel and Convention Center and HMC Hospitality Management Corporation, Defendants (LOSS OF CONSORTIUM) 20. No responsive pleading required. 21. Denied pursuant to Pa.R.C.P. 1029(e). Denied that HMC Hospitality Management Corporation has any ownership interest in the Radisson Penn Harris Hotel and Convention Center or has any involvement in the operation of the Radisson Penn Harris Hotel and Convention Center. WHEREFORE, Defendants request that judgment be entered in their favor. NEW MATTER 22. Plaintiffs' claims are bared or limited by Plaintiff John Stone's own contributory and/or comparative negligence. 23. Plaintiffs' claims are bared by his assumption of the risk. 24. The alleged condition which Plaintiffs allege was the cause of the incident referenced in the Complaint was an open and obvious condition. 25. HMC Hospitality Management Corporation does not have any ownership interest in the Radisson Penn Harris Hotel and Convention Center or any involvement in the operation of the Radisson Penn Harris Hotel and Convention Center. WHEREFORE, Defendants request that judgment be entered in their favor. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: Id 1 r 5 BY: CHRISTOPHER M. REESER, ESQUIRE I.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorneys for Defendants 4 10121/2005 11:12 717-763-1204 RADISSON PENN HARRIS PAGE 02/02 VERIFICATION The undersigned hereby verifies that the statements in the .foregoing Answer with New Matter, to Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiff's Complaint, and to the extent that it is based upon information which l have given to counsel, it is true and correct to the best of my knowledge, information and belief To the extent that the contents of the Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my counsel .in. making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. BY: THOMAS DICICERT - , DATE: /eJv/s JOHN STONE and MARY ANN STONE, his wife, Plaintiff vs. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED NO: 05-4725 CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on October J1 , 2005, served a copy of Defendants' Answer to the Complaint with New Matter via First Class United States mail, postage prepaid as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Christopher M. Reeser \0 5_A\LIAB\CMR\L LPG\ 19862 0\KPM\ 13131\00 107 ,.__. ._. - -_? .. .,f ? 3 .... ?.y l ?, . r . `?. SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04725 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HARRISBURG-YORK OVERHEAD DOOR VS STARNET TECHNOLOGIES INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STARNET TECHNOLOGIES INC TDBA CALEDONIA CONSTRUCTION SERVICE but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT CALEDONIA CONSTRUCTION SERVICE, 1845 MARKET CAMP HILL, PA 17011 OWNER OF 1ST FLOOR BUSINESS SELL NOT FOUND , as to STARNET TECHNOLOGIES INC TDBA ARE NOT IN BUSINESS. BLYSTONE DOES STI & CALEDONIA CONSTRUCTION BUSINESS THERE. Sheriff's Costs: So answers: ----- Docketing 18 .00 --, yr Service 43 .20 Not Found 5 .00 R. Thomas Kline. Surcharge 10 .00 Sheriff of Cumberland County Postage .37 76.57 HARTMAN OSBORNE RETTIG 10/24/2005 Sworn and subscribed to before me this 3-A day of u, G« ,9 UOj D. Pro onotar SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04725 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HARRISBURG-YORK OVERHEAD DOOR VS TARNET TECHNOLOGIES INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STARNET ENTERPRISES INC TDBA CALEDONIA CONSTRUCTION SERVICE but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT CALEDONIA CONSTRUCTION SERVICE, NOT FOUND , as to , STARNET ENTERPRISES INC TDBA 1845 MARKET STREET CAMP HILL. PA 17011 OWNER OF 1ST FLOOR BUSINESS BELIEVES STARNET & CALEDONIA CONSTRUCTI ARE NOT IN BUSINESS. BLYSTONE DOES STILL HAVE BUSINESS THERE. Sheriff's Costs: So answers:-.Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County nn 21.00 HARTMAN OSBORNE RETTIG 10/24/2005 Sworn and subscribed to before me this i,tek- day of -720? A.D. Protho tary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04725 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HARRISBURG-YORK OVERHEAD DOOR VS STARNET TECHNOLOGIES INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STARNET GROUP LP TDBA CALEDONIA CONSTRUCTION SERVICE but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DE FENDANT STARNET GRO UP LP TDBA CALEDONIA CONSTRUCT ION SERVICE, 1845 MARKET STREET CAMP HILL, PA 17011 OWNER OF 1ST FLOOR BUSINESS BELIEVES STARNET & CALEDONIA CONSTRUCTION ARE NOT IN BUSINESS . BLYSTONE DOES STILL HAVE BUSINESS THERE. Sheriff's Costs: So answers-;_" Docketing 6.00 Service .00 ? Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumb erland County .00 21.00 HARTMAN OSBORNE RETTIG 10/24/2005 Sworn and subscribed to before me this 3, eL day of ?< o2st,? A.D. Prothon ary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04725 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HARRISBURG-YORK OVERHEAD VS STARNET TECHNOLOGIES INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BLYSTONE RONALD TDBA CALEDONIA CONSTRUCTION SERVICES but was unable to locate Him in his bailiwick COMPLAINT & NOTICE He therefore returns the NOT FOUND , as to the within named DEFENDANT , BLYSTONE RONALD TDBA CALEDONIA CONSTRUCTION SERVICES 1845 MARKET STREET CAMP HILL. PA 17011 OFFICE WAS NOT LOCKED, EQUIPMENT INSIDE, NO ONE THERE. MANY ATTEMPTS WERE MADE. Sheriff's Costs: So answers: Docketin 6.00 Service 00 Not Found 5.00 - R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 HARTMAN OSBORNE RETTIG 10/24/2005 Sworn and subscribed to before me this 3.4cl day of .-2-UUS A.D. 4 Lbw Prothonot y SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04725 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HARRISBURG-YORK OVERHEAD DOOR VS STARNET TECHNOLOGIES INC ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CALEDONIA CONSTRUCTION SERVICES INC but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT CALEDONIA CONSTRUCTION SERVICES INC 1845 MARKET STREET CAMP HILL, PA 17011 OWNER OF 1ST FLOOR BUSINESS BELIEVES STARNET & CALEDONIA CONSTRUCTION ARE NOT IN BUSINESS. BLYSTONE DOES STILL HAVE BUSINESS THERE Sheriff's Costs: So answers: Docketing 6.00 Service .00 Not Found 5.00 T? R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 HARTMAN OSBORNE RETTIG 10/24/2005 Sworn and subscribed to before me this 3 t day of 7 e,, -2mc , A.D. Prothon tary Osborne & Rettig, P.C. By: James DeCinti, Esquire Supreme Ct. I.D. #77421 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 HARRISBURG-YORK OVERHEAD DOOR, INC. t/d/b/a OVERHEAD DOOR COMPANY OF HARRISBURG-YORK, Plaintiff V. STARNET TECHNOLOGIES, INC. t/d/b/a CALEDONIA CONSTRUCTION SERVICES, STARNET ENTERPRISES, INC. t/d/b/a CALEDONIA CONSTRUCTION SERVICES, STARNET GROUP, LP t/d/b/a CALEDONIA CONSTRUCTION SERVICES, RONALD BLYSTONE t/d/b/a CALEDONIA CONSTRUCTION SERVICES, and CALEDONIA CONSTRUCTION SERVICES, INC., Defendants Attorneys for Plaintiff, Harrisburg-York Overhead Door, Inc. t/d/b/a Overhead Door Company of Harrisburg-York IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4725 PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY Kindly reinstate the Complaint in this action, a true and correct copy of which is attached hereto as Exhibit A. Respectfully submitted, Dated: i ? I S5 OSBORNE & RETTIG, P.C. By l ti'V-? James DeCinti, Esquire Supreme Ct. I.D. #77421 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorney for Plaintiff Osborne & Rettig, P.C. Attorneys for Plaintiff, Harrisburg-York By: James DeCinti, Esquire Overhead Door, Inc. t/d/b/a Overhead Supreme Ct. I.D. #77421 Door Company of Harrisburg-York 126-128 Walnut Street Harrisburg, PA 17101 (L) 232-3046 HARRISBURG-YORK OVERHEAD DOOR, INC. t/d/b/a OVERHEAD DOOR COMPANY OF HARRISBURG-YORK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. STARNET TECHNOLOGIES, INC. t/d/b/a CALEDONIA CONSTRUCTION SERVICES, STARNET ENTERPRISES, INC. t/d/b/a CALEDONIA CONSTRUCTION SERVICES, STARNET GROUP, LP t/d/b/a CALEDONIA CONSTRUCTION SERVICES, RONALD BLYSTONE t/d/b/a CALEDONIA CONSTRUCTION SERVICES, and CIVIL ACTION - LAW NO. n s - )?7a,5 CALEDONIA CONSTRUCTION SERVICES, INC., Defendant NOTICE TO DEFEND 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes Para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 800-990-9108 Osborne & Rettig, P.C. Attorneys for Plaintiff, Harrisburg-York By: James DeCinti, Esquire Overhead Door, Inc. t/d/b/a Overhead Supreme Ct. I.D. #77421 Door Company of Harrisburg-York 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 HARRISBURG-YORK OVERHEAD DOOR, INC. t/d/b/a OVERHEAD DOOR COMPANY OF HARRISBURG-YORK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. STARNET TECHNOLOGIES, INC. t/d/b/a CALEDONIA CONSTRUCTION SERVICES, STARNET ENTERPRISES, INC. t/d/b/a CALEDONIA CONSTRUCTION SERVICES, STARNET GROUP, LP t/d/b/a CALEDONIA CONSTRUCTION SERVICES, RONALD BLYSTONE t/d/b/a CALEDONIA CONSTRUCTION SERVICES, and CALEDONIA CONSTRUCTION SERVICES, INC., Defendants CIVIL ACTION - LAW NO. COMPLAINT Plaintiff Harrisburg-York Overhead Door, Inc. t/d/b/a Overhead Door Company of Harrisburg-York (hereinafter "Overhead Door") is a business entity that does business in Cumberland County. 2. Defendant Stamet Technologies, Inc. is a Pennsylvania business corporation located in Cumberland County which on information and belief does business as Caledonia Construction Services, and/or Caledonia Construction and/or Caledonia Construction Services, Inc. 3. Defendant Stamet Enterprises, Inc. is a Pennsylvania business corporation located in Cumberland County which on information and belief does business as Caledonia Construction Services, and/or Caledonia Construction and/or Caledonia Construction Services, Inc. 4. Defendant Starner Group, LP is a Pennsylvania limited partnership located in Cumberland County which on information and belief does business as Caledonia Construction Services, and/or Caledonia Construction and/or Caledonia Construction Services, Inc. 5. Defendant Ronald Blystone is an adult individual doing business in Cumberland County and on information and belief does business as Caledonia Construction Services and/or Caledonia Construction and/or Caledonia Construction Services, Inc. 6. Defendant Caledonia Construction Services is the fictitious name of a business entity owned and/or operated by one or more of the named Defendants in Paragraph 2 through 5 and/or 7 of this Complaint. Defendant Caledonia Construction Services, Inc., on information and belief is a Pennsylvania business corporation which does business as Caledonia Construction and/or Caledonia Construction Services. 8. Venue is proper in Cumberland County because all Defendants are located in and regularly conducts business in Cumberland County, Pa.R.C.P. 2179(a)(2). 9. Between December 2004 and April 2005, Plaintiff supplied Defendants with goods and services in connection with Defendants' business. 10. The prices of the goods and services provided by Plaintiff are fair and reasonable and were agreed to by Defendants. It. Defendants have failed to pay for the goods supplied and services rendered by Plaintiff, and despite numerous demands has refused and continues to refuse to pay same. 12. Plaintiff demands from Defendants $4,732.62, which is due and owing for the goods and serviced provided by Plaintiff to Defendants. 13. In accordance with the course of dealing between the parties, Plaintiff is entitled to interest on the past due amounts at a rate of 18% per annum (1.5% per month) to be calculated at the time of trial, and claim is made therefore. 14. In accordance with the course of dealing between the parties and pursuant to law, Plaintiff is entitled to reasonable attorneys fees and costs in connection with this matter, and claim is made therefore. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $4,732.62 plus interest to be calculated at the time of trial and attorneys fees and cost to be calculated at the conclusion of this matter. Respectfully submitted, OSBORNE & RETTIG, P.C. By V ames DeCinti, Esquire Supreme Ct. I.D. #77421 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Dated: %) J Attorney for Plaintiff VERIFICATION 1, Bruce Navin, Assistant General Manager of Overhead Door Company of Harrisburg- York hereby verify and state that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom verification to authorities. Dated: 7 29• 1 ": V t.t a co < Curtis R. Long Prothonotary (office of the i9rotbonotarp Cumberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OS - ql Z 5 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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