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3. In and around Mlroh, 1992, ACA ent.r.d into a oontract
with Doneval tor exoavation/milling work whioh was to be p.rtora.d
at a proj.ct. looat.d on Loou.t point Road in cumb.rland County,
P.nn.ylvania (the "proj.ot"). Th. original contract b.tw.en ACA
and Don.gal i. not in ACA'. po.....ion.
4. Th. original contract .nter.d into betw.en ACA and
Done9al provided that Donegal would pertorm 1,400 .quare yard. ot
Cla.. I .xcavation at $.90 per .quare yard.
!S. The total amount of the original contraot b.tween ACA and
Done9al was $12,600.00.
6. SUb.equ.nt to ACA I. ex.cution ot the contract with
Donegal, Rohadd took over the bu.ine.. operation. ot Donegal.
7. On May 11, 1994, a new subcontract was allegedly .ntered
into between ACA and Rohadd. A true and correct copy ot the May
11, 1994 .ubcontract i. annexed hereto as Exhibit "1".
a. The .ubcontract entered into between ACA and Rohadd was
eiailar to the subcontract which was entered into between ACA and
Donegal except that the new subcontract contained a clau.e
providing tor a $3,200.00 per work day minimum, plus an additional
ooet ot $1,000 tor mobilization.
9. At no time did Robert Mumma, preeident ot ACA, authorize
the.e additions to the oontraot.
10. In tact, it do.s not appear that Rl)bert Mumma .ver
.xecut.d the n.w .ubcontract between ACA and Rohadd.
11. Rohadd pertormed it. work on the proj.ct int.raittently
trom May 12, 1993 through May 21, 1993.
a
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12. Rohadd i..ued invoice number 6B1 to ACA tor the work
pertoraed in the Project whioh wa. in the total amount ot $26,600.
A true and correct copy ot invoice number 6B1 i. attached hereto a.
Ixhibit -2-.
13. The a.ount ot invoioe number 6B1, $26,600, wa. ba.ed upon
the $3,200 per day minimum tor worked pertoraed over eight (B)
day..
14. By check number 20893, which was dated July B, 1993, ACA
paid Rohadd the total amount due under invoice number 6Bl, $26,600.
15. pur.uant to the contract which wa. executed between ACA
and Donegal, ACA .hould only have paid Rohadd $12,600.
l6. A. a coneequence ACA overpaid Rohadd tor the work which
it pertormed on thi. project by a total ot $14,000.
17. De.pite repeated reque.t. trom ACA, Rohadd has taUed and
retu.ed tQ retund the overpayment.
coon 1
....ca o. COMTaAC~
lB. ACA incorporate. by reterence the averment. contained in
Paragraphs I through 17 as if eet torth herein at length.
19. ACA has pel'formed aU ot its obligations under the
original contract between ACA and Donegal by paying Rohadd tor the
work it pertormed on the Project.
20. Pursuant to the contract executed by ACA and Donegal, ACA
overpaid ROhadd by a total of $14,000.
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IN TIll COUll'l' 0' COJIIION PLUs 0' CUMIIRLAND COUNTY, PINNSYLVANIA
ADA... COUII'I'Y ASPHALT
COIIJIAIIY,
CIVIL DIVISION
No. 94 6021 Civil Tor.
Plaintitt,
v..
TYPB or PLEADING:
PRAECIPB rOR ENTRY
0' APPEARANCB
ItOHADD CONSTRUCTION
CO~. toraerly known a.
DOtIIGAI, CONSTRUCTION
CORPORATION,
Defendant.
'ILED ON BEHALr 0':
ROHADD CONSTRUCTION CORP.
formerly known ae DONEGAL
CONSTRUCTION CORPORATION,
DEPBNDANT
COUNSEL OF RBCORD FOR THIS
PARTY:
Kenneth W. Lee
Pa. 1.0. #50016
David Rave.
Pa. 1.0. #62135
PLOWMAN, SPIEGBL , LENIS, P.e.
Fir. No. 334
925 Grant BUilding
Pitt.burgh, FA 15219
(412) 471-8521
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