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Home My WebLink About02-3821LOCUST POINT PAVING, INC., plaintiff, GAlL BEAR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : :NO. - : .. 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 an 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 LAVVYER At ONCE. IF YOU DO NOT HAVE A LAVVYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 LOCUST POINT PAVING, INC., Plaintiff, GAIL BEAR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION-LAW : :NO. : COMPLAINT NOW, comes Plaintiff, Locust Point Paving, Inc. ("Locust Point"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within complaint and, in support thereof, sets forth the following: 1. Locust Point Paving, Inc. is a Pennsylvania corporation with its principal place of business located at 39 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Gail Bear ("Bear"), is an adult individual with a residence address of 1166 Rhoda Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about September 19, 2001, Locust Point provided Bear with a Proposal to replace a portion of Bear's asphalt driveway at her residence located at 1166 Rhoda Blvd., Mechanicsburg. 4. Bear signed accepting the Proposal. A true and correct copy of the signed Proposal is attached hereto as Exhibit "A" and is incorporated. 5. On April 26, 2002, Locust Point provided the labor and materials to complete the work set forth in the Proposal at Bear's property. 6. On or about April 26, 2002, Locust Point forwarded an invoice to Bear for the price set forth in the Proposal. A true and correct copy of the invoice is attached hereto as Exhibit "B" and is incorporated. 7. Despite demand therefore, Bear has failed and refused to pay the amount due Locust Point. COUNT I BREACH OF CONTRACT LOCUST POINT PAVING, INC. v. GAIL BEAR 8. Plaintiff incorporates by reference paragraphs one through seven as though set forth at length. 9. All conditions precedent to recovery under the Proposal have been fulfilled. 10. Bear has, without justification, failed and refused to pay the amount due and owing under the Proposal. 11. Bear has breached the contract by failing to pay for the labor and materials provided by Locust Point. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant for the sum of $1,200.00 plus interest and costs all in amount requiring compulsory arbitration. Respectfully submitted, O'BRIEN, BARIC & SCHERER David A. Baric, Esquire ID#44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff Dave/Corporate/LocustPoint/Bear. pld Proposal GAlL BEAR 1166 RHODA BLVD. LOCUST POINT PAVING INC. 39 North Locust Point Road Mechanicsburg, PA 17050-4504 Phone 766-6756 PHONE IlOB LOCATION [19-D~¢p-01 MECHANICSBURG, PA 17055 DIG OUT EXISTING BAD AREA OF DRIVEWAY AND HAUL AWAY GRADE AREA APPLY 2A MODIFIED STONE TO PREPARE SURFACE FOR THE APPLICATION OF: 2" BINDER (BCBC) BASE SURFACE AND 1" ID-2A (lB) WEARING SURFACE. (APPROX. 45 SQ. YDS.) EXCLUSIONS: (Customers responsibility) 1. Permits 2. Topsoil/seeding 3. Major rock excavation 4. 5. "References avnilnhle upon request" We propose hereby to finish material and labor - complete in accor4~nce with above specifications, for thc sum of: ONE TI:IOUSA_ND TWO HUNDRED dollars ($ 17200.00 ) P-~YME---N-T TO BE MADE IN FULL WITHIN '10' DAYS UPON COMPLETION_~F C~N'I~e~ACT aocm~l onlyupon wiittea ordm,~ ,mbal~mt, andwiat~come memaclm~ owmd atx~ SIGNATURE ,//// k~lLv_tffZ_~'---- - %_A ?~--~'_~' },~'~" Acceptance of Proposal - T~ above ~ice~ sp~ncaaons and ~~ti~~h~by~. Y~m~~ SIONA~ w~ ~ ~ Pa~ ~H ~ m~ ~ o~ ~vc. EXHIBIT A INVOICE INVOICE SUBMITrED TO Gail Bear STREET 1166 Rhoda Blvd. LOCUST POINT PAVING INC. 39 North Locust Point Road Mechanicsburg, PA 17050-4504 Phone (717) 766-6756 PHONE ;74-3096 JOB NAME grATE, AND ZIP CODE Mechanicsburg, PA 17055 JOB LOCATION TERMS: NET '10' DAYS Paving As Stated TOTAL AMOUNT DUE BY DUE DATE: $ 1,200.00 DUE DATE: 6-May-02 PLEASE PAY FROM THIS INVOICE. MAKE CHECKS TO "LOCUST POINT PAVING INC." AND MAIL TO ADDRESS ABOVE. "THANK YOU FOR YOUR BUSINESS" WHITE COPY - CUSTOMER EXHIBIT B BLUE COPY - SUBMIT WITH CHECK yERIFICATION The statements in the foregoing Complaint are based upon infoncxation which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Wentz President SHERIFF'S RETURN - CASE NO: 2002-03821 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOCUST POINT PAVING INC VS BEAR GAIL REGULAR JASON VIOP~AL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon BEAR GAIL the DEFENDANT , at 2017:00 HOURS, on the 14th day of ~ugust at 1166 RHODA BOULEVARD , 2002 MECHA/qICSBURG, PA 17055 GAIL BEAR by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff.s Costs: Docketing 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this 2~ day of ~ ~2~-L A.D. /P~othonotary ' So Answers: R. Thomas Kline 08/15/2002 OBRIEN BARIC SCHERER BY:~.ut~Sh~ eriff LOCUST POINT PAVING, INC., Plaintiff GAIL BEAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3821 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued with prejudice. Date: October 31, 2002 Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/corporate/Iocustpoint/bear/discontinue.pra C~ERTIFICATE OF SERVICE I hereby certify that on October 31, 2002, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Murrel L. Walters, III, Esquire 54 East Main Street Mechanicsburg, Pennsylvania 17055 David A. Baric, Esquire