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`JOLLY JOHN’S TRUCK AND
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`: JUDICIAL DISTRICT OF WINDHAM
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`EQUIPMENT, LLC
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`VS.
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`: AT PUTNAM
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`RICHARD CHENEY ,
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`: MARCH 22, 2021
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`REQUEST TO AMEND COMPLAINT
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`The plaintiff in the above—captioned matter pursuant to the provisions of Section 10—60
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`of the Superior Court Civil Rules hereby requests permission to amend its Complaint in
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`accordance with the attached Second Amended Complaint.
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`THE PLAINTIFF
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`mrouillmd
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`" '
`'
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`y:
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`St. Onge & Brouillard
`Its Attorneys
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`CERTIFICATION
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`I hereby certify that on this 22nd day of March, 2020 a copy of the foregoing was sent
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`via e-mail and/or facsimile, and by regular mail to the following counsel of record and self-
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`represented parties:
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`Charles K. Norris, Esq.
`Chinigo Leone & Maruzo LLP
`141 Broadway
`PO Box 510
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`Norwich, CT 06360
`(Facsmile: 860—887—1744)
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`Mr. Richard Cheney (pro se)
`42 Oak Drive
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`Mansfield, CT 06250
`(Email: richel 859@gmail.com)
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` Mark R. Brouillard
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`Commissioner 0fthe Superior Court
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`
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`DOCKET NOJWWM—CV—19-6016996—S : SUPERIOR COURT
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`JOLLY JOHN’S TRUCK AND
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`: JUDICIAL DISTRICT OF WINDHAM
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`EQUIPMENT, LLC
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`VS.
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`: AT PUTNAM
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`RICHARD CHENEY
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`: MARCH 22, 2021
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`AMENDED COMPLAINT
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`FIRST COUNT: (Jolly John’s Truck and Equipment, LLC v. Richard Cheney)
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`1.
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`The plaintiff, Jolly John’s Truck & Equipment is a Connecticut limited liability
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`company with a principal place of business at 3 80 North Main Street in Moosup,
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`Connecticut.
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`The defendant, Richard Cheney, is an individual with an address of 42 Oak Drive
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`in Mansfield Center, Connecticut.
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`In January, 2018, the defendant, Richard Cheney, requested of the plaintiff that he
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`be allowed the use of a certain 1973 John Deere pay loader in order to evaluate
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`whether he wished to purchase the same. It was agreed by the plaintiff and the
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`defendant, Richard Cheney, that if he in fact purchased the pay loader, that he
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`would not be charged any rental fee. It was further agreed that if he did not
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`purchase the pay loader, then he would be charged the reasonable rental value of
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`the pay loader.
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`*
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`In January 2018, through July 2018, the defendant, Richard Cheney, had the use of
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`the pay loader and the plaintiff requested that the pay loader be returned. The
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`defendant then made arrangements for the return of the pay loader.
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`In accordance with the agreement reached by the parties, wherein the defendant
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`would be responsible to pay for the reasonable rental value of the 1973 John Deere
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`pay loader in the event that it was not purchased, the sum of Six Thousand Dollars
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`and 00/100 ($6,000.00) plus tax of Three Hundred Eighty—One Dollars & 00/100
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`($381.00) for a total due of Six Thousand Three Hundred Eight—One Dollars &
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`00/ 100 ($6,381.00) A copy of the invoice is attached hereto as Exhibit “A”.
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`6. Despite demand, the defendant has failed, neglected, or refused to pay the same.
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`SECOND COUNT: (Jolly John’s Truck and Equipment v. Mattern Construction, Inc.)
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`1.
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`The plaintiff, Jolly John’s Truck & Equipment is a Connecticut limited liability
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`company with a principal place of business at 380 North Main Street in Moosup,
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`Connecticut.
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`The defendant, Mattern Construction, Inc. is Connecticut corporation with a place
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`of business at 26M Bushnell Hollow Road, Baltic, Connecticut, 06330.
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`In January, 2018, through July, 2018, Richard Cheney, as agent for and acting on
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`behalf of the defendant, Mattern Construction, Inc., agreed to purchase and/or to
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`rent a 1973 John Deere pay loader from the plaintiff.
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`The pay loader was not purchased, and the defendant is liable for the reasonable
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`rental value of the 1973 John Deere pay loader in the amount of Six Thousand
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`00/100 ($381.00) for a total amount due of Six Thousand Three Hundred Eight-
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`One Dollars & 00/100 ($6,381.00).
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`5. The defendant has failed, neglected, or refused to pay the same.
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`WHEREFORE, the plaintiff claims:
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`1.
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`2.
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`Monetary damages;
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`Interest;
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`Attorney’s fees;
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`Court costs; and
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`Any other legal or equitable relief to which the plaintiff may be entitled.
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`This matter is within the jurisdiction of this Court.
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`Dated at Woodstock, Connecticut this 22nd day of March, 2021.
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`THE PLAINTIFF
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`By' 2 I
`Mark R. Brouillard
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`St. Onge & Brouillard
`Its Attorneys
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`CERTIFICATION
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`I hereby certify that on this 22nd day of March, 2020 a copy of the foregoing was sent
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`Via e—mail and/or facsimile and regular mail, to the following counsel of record and self—
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`represented party:
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`Charles K. Norris, Esq.
`Chinigo Leone & Maruzo LLP
`141 Broadway
`PO Box 510
`
`Norwich, CT 06360
`(Facsmile: 860-887—1744)
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`Mr. Richard Cheney (pro se)
`42 Oak Drive
`
`Mansfield, CT 06250
`(Email: 1-iche1859gcggmail.com)
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` fl; 7)
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`rouillard
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`Mark R.
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`Commissioner oflhe Superior Co (rt
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