HomeMy WebLinkAbout00-02044
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WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
VS.
No. ~ - :2Dl1'1
rr2t"t I f.ILh'\
TED HOFFMAN and ROBIN
HOFFMAN
Defendant MECHANICS' LIEN
MECHANICS' LIEN CLAIM
Claimant WILLIAM S. GRAHAM, Jr., d/b/a GRAHAM ENTERPRISES, through the
undersigned counsel, files this claim against the improvements and property at 614 Pine Grove
Road, Gardners, Cumberland County, Pennsylvania for the payment of a debt due to claimant as
a contractor for labor and materials furnished by claimant in the alteration and repair of the
structure. In support of the claim, the claimant makes the following statement:
1. The owners (orreputed owners) of the property are Ted Hoffinan and Robin Hoffinan,
with an address at 29 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. The improvement and the property which are subject to this claim are a one story cabin
with appurtenant land at 614 Pine Grove Road, Gardners, Cumberland County, Peunsylvania.
3. The labor and materials for which the debt is due were furnished pursuant to al). oral
agreement with the owner, under which contractor was to be paid for time and materials
furnished by it and its subcontractors at their standard rates and the prices paid by them for the
materials.
4. The labor and materials furnished consisted of the following:
(a) Labor: 366.5 hours of work by Williani Graham at his standard rate of $30.00 per
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hour. 290.5 hours of work by Steve Christine at his standard rate of $20.00 per hour. 32
hours of work by Steve Sutton at his standard rate of $20.00 per hour. An itemized list of
the hours worked and the dates when the work was performed is attached as Exhibit "A."
(b) Materials: Moose Z950 Alarm System with transformer, 1 Keypad, 1 smoke detector,
1 CO detector, battery backup, speakers, Annual central station charges, and
miscellaneous material. Invoices for the materials purchased from various suppliers are
attached as Exhibit "B."
(c) a copy of claimants invoices counected with the job are attached hereto as Exhibit
"C."
5. The claimant completed his work at the property on January 17, 2000, which is less
than four months before the filing of this claim.
6. Claimant has been paid $2,500.00 toward the debt due claimant for the stated labor and
materials, and there is due and owing a balance of$12,879.24 for which claim is made of
$12,879.24.
Dated:
3).7 /t?D
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Respectfully submitted,
T!~uire
WILEY, LENOX & COLGAN, P.C.
1 South Baltimore Street
Dillsburg, PA 17019
. (717) 432-9666
LD.#77944
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VERIFICATION
I, WILLIAM S. GRAHAM, JR., d/b/a GRAHAM ENTERPRISES, verify that the
statements made in this document 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. 94904, relating to unsworn falsification to authorities.
Date:
3-;l7- 190
tf'db~ ~:r~~.1_. . a
WILLIAM S. GRAHAM, JR.
d/b/a GRAHAM ENTERPRISES
Plaintiff
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Steve S.
11/22/99
11/23/99
11/24/99
32.00 Bill G,
11.00 11/17/99
11.00 11/18/99
10,00 11/19/99
11/22/99
11/23/99
11/24/99
11/29/99
11/30199
12/03/99
12/04/99
12/06/99
12/09/99
12/10/99
12113/99
12/14/99
12/15/99
12/16/99
12/20/99
12/21/99
12/22/99
12/24/99
12/27/99
12/28/99
12/29/99
12/30/99
12/31/99
01/03/00
01/04/00
01/05/00
01/06/00
01/07/00
01/10/00
01/11/00
01/12/00
01113/00
01/14/00
0l/17/00
366.50 Steve C
11.50 11/22/99
11.50 11/23/99
11.50 11124/99
11.00 11/29/99
11.00 11/30/99
10.00 12/03/99
10.50 12/04/99
11.00 12/06/99
9.50 12/09/99
10,50 12/10/99
9,50 12/13/99
10.50 12/14/99
10,50 12/15/99
9.50 12/16/99
10.50 12/20/99
10.00 12/21/99
9.00 12/29/99
10.00 12/30/99
10.50 12/31/99
II 01/03/00
8,5 01/04/00
II 01/05/00
II 01/06/00
10 01/07/00
10 01/10/00
8.5 01/11/00
901/12/00
6.5 01/13/00
10 01/14/00
9.5 Oll17/00
9.5
9
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9.5
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290,50
11.00
11.00
10.00
10,50
11.00
9,50
10.50
9.50
10.50
10.50
9.50
10,50
10. 00
9,00
10,00
10,50
10
10
8.5
9
6.5
10
9.5
9,5
9
9
9.5
9.5
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Graham Enterprises
215 1/2 W. Simpson Street
Mechanicsburg, PA 17055-6319
DATE
2/3/'00
Invoice
I INVOICE #
GE9156a
I BI~L TO:
Ted Hoffman
29 Laurel Dr.
Mechanicsburg, PA 17055
for work done at 614 Pine Grove Road,
Gardners, PA (cabin #C129)
P.O. NUMBER
TERMS
PROJECT
QUANTITY DESCRIPTION RATE AMOUNT
I proposed amount 2,700.00 2,700,ooT
263 Labor Charge (Bill) 30,00 7,890.00T
187 Labor Charge {Steve C.) 20.00 3,740,00T
1 Mise Material 70,00 70.00T
1 Moose Z950 Alarm System with transformer 495,00 495.00T
1 Keypad, 1 smoke detector, 1 CO detector,
battery backup & speakers
1 Annual Central Station Charges 120.00 120.ooT
Sales Tax exemption 0.00 0,00
TOTAL
$15,015.00
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Graham Enterprises
215 1/2 W. Simpson Street
Mechanicsburg, PA 17055-6319
I BILL TO:
Ted Hoffman
29 Laurel Dr.
Mechanicsburg, PA 17055
for work done at 614 Pine Grove Road,
Gardners, P A (cabin #C 129)
QUANTITY
DESCRIPTION
Balance Forwarded
Discount
P A Sales Tax
P,O. NUMBER
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Invoice
DATE I INVOICE #
2/3/'00
TERMS
RATE
15,015,00
-20.00"10
6,00%
TOTAL
GE9156b
PROJECT
AMOUNT
15,015.00T
-3,003.00
720,72
$12,732.72
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WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
No. 2000 MLD 2044
TED HOFFMAN and ROBIN
HOFFMAN
Defendant MECHANICS' LIEN
COMPLAINT UPON MECHANICS LIEN
1. Plaintiff WILLIAM S. GRAHAM, JR. d/b/a GRAHAM ENTERPRISES is a general contractor
with an address at 215 Y, West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant TED HOFFMAN is an adult individual with an address at 29 Laurel Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Defendant ROBIN HOFFMAN is an adult individual with an address at 29 Laurel Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
4. Plaintiff filed a mechanic's lien claim on April 4, 2000, in the Court of Common Pleas of
Cumberland County, as of2000-2044 MLD Term, a copy of which is attached as Exhibit "A."
5. The amount of plain tift's claim is $12,879.24.
WHEREFORE, plaintiff demands judgment against the defendant in the sum of$12,879.24, with
interest from January 17,2000, and costs.
Dated: f -''If ,t.()
R~~IIY submitted,
TimOth~~
WILEY, LENOX & COLGAN, P.C.
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
J.D. #77944
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VERIFICATION
I, WILLIAM S. GRAHAM, JR., d/b/a GRAHAM ENTERPRISES, verify that the
statements made in this document 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. 94904, relating to unsworn falsification to authorities.
Date: {) ~ .;l i.{ - 19 D
Lt~ 'f'ki,~ -"- .,,~
WILLIAM S. GRAHAM, JR.
d/b/a GRAHAM ENTERPRISES
Plaintiff
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WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES
vs.
No. 06
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUN~ g Si
PENNSYLVANIA "'rr' i'i; '"
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TED HOFFMAN and ROBIN
HOFFMAN
Defendant I MECHANICS"LIEN
MECHANICS' LIEN CLAIM
Claimant WILLIAM S. GRAHAM, Jr., d/b/a GRAHAM ENTERPRISES, through the
. undersigned counsel, files this claim against the improvements and propetty at 614 Pine Grove
Road, Gardners, Cumberland County, Pennsylvania for the payment of a debt due to claimant as
a contractor for labor and materials furnished by claimant in the alteration and repair of the
structure; In support of the claim, the claimant makes the following statement:
1. The owners (orreputed owners) of the property are Ted Hoffman and Robin Hoffman,
with an address at 29 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. The improvement and the property which are subject to this claim are a one story cabin
with appurtenant land at 614 Pine Grove Road, Gardners, Cumberland County, Pennsylvania
3. The labor and materials for which the debt is due were furnished pursuant to an oral
agreement with the owner, under which contractor was to be paid for time and materials
furnished by it and its subcontractors at their standard rates and the prices paid by them for the
materials.
4. The labor and materials furnished consisted of the following:
(a) Labor: 366.5 hours of work by William Graham at his standard rate of $30.00 per
. EXHIBIT
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B
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hour. 290.5 hours of work by Steve Christine at his standard rate of $20.00 per hour. 32
hours of work by Steve Sutton at his standard rate of $20.00 per hour. An itemized list of
the hours worked and the dates when the work was performed is attached as Exhibit "A."
(b) Materials: Moose Z950 Alarm System with transformer, 1 Keypad, 1 smoke detector,
1 CO detector, battery backup, speakers, Annual central station charges, and
miscellaneous material. Invoices for the materials purehased ihIrn various suppliers are
attached as Exhibit "B."
(c) a copy of claimants invoices connected with the job are attached hereto as Exhibit
"C."
5. The claimant completed his work at the property on January 17,2000, which is less
than four months before the filing of this claim.
6. Claimant has been paid $2,500.00 toward the debt due claimant for the stated labor and
materials, and there is due and owing a balance of$12,879.24 for which claim is made of
$12,879.24.
Dated:
3 ft7 I#f)
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Respectfully submitted,
Ti~~Uire
WILEY, LENOX & COLGAN, P.C.
1 South Baltimore Street
DiIlsburg, PA 17019
. (717) 432-9666
!.D. #77944
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VERIFICATION
I, WILLIAM S. GRAHAM, JR., d/b/a GRAHAM ENTERPRISES, verify that the
statements made in this document 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. {l4904, relating to unsworn falsification to authorities.
Date:
3-.:17- (90
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WILLIAM S. GRAHAM, JR.
d/b/a GRAHAM ENTERPRISES
Plaintiff
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SteVe S. 32.00 Bill G. 366.50 Steve C 290.50
IlI22I99 11.00 11117/99 11.50 11122199 11.00
Il/23/99 11.00 11I1il/99 11.50 11/23199 ll.oo
Il/24199 10.00 11119199 1l.s0 11124199 10.00
11/22/99 11.00 1l/29/99 '?50
11/23/99 11.00 11/30/99 fl.oo
11/24199. 10.00 12/03199 9.50
11/29/99 10.50 12/04199 10.50
11130199 11.00 12106/99 9.50
12/03199 9.50 12/09199 10.50
12/04199 10.50 12110199 10.50
12106199 9.50 12113/99 9.50
12109/99 10.50 12114199 10.50
12110/99 10.SO 12115199 10.00
12113/99 9.50 12116199 9.00
12114/99 10.SO 12/20/99 10.00
12115/99 10.00 12/21/99 10.50
12116199 9.00 12/29199 10
12/20199 10.00 12/30/99 10
12121/99 10.SO 12/31/99 8.5
12122/99 11 01/03/00 9
12124/99 8.5 01/04100 6.5
12127199 11 01/05/00 10
12128/99 11 01/06100 9.S
12/29199 10 01/07/00 9.5
12130199 10 01/10100 9
12/31199 8.S 01/11/00 9
01/03/00 9 lll/l2/00 9.S
01/04/00 6.S 01/13/00 9.5
01/OS/OO 10 01114/00 9
01106/00 9.S 01117/00 8
01/07/00 9.5
01110/00 9
01/11/00 9
01112/00 9.5
01113/00 9.S
01/14/00 9
Ot/17/OO 8
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Grabam.,~s
215 1/2 W. Simpson Street
Mechanicsburg. PA 17055-6319
, to to,.
. Invoice
DAlE I INVOice.
213100 GE9156a
I BII.LTO:
Ted Hoffinan
29 Laurel Dr.
Mecbanicsburg, P A 17055
for work done at 614 Pine Grove Road,
Gardners, PA (cabin #C129)
p.o. NUMBER TERMS PROJECT
QUANTITY DESCRIPTION RATE AMOUNT
1 propQsed lID10UDt 2,700.00 2,7oo.ooT
263 Labor Charge (Bill) 30.00 7,1I9O.00T
187 Labor Charge (Steve C.) 20.00 3,740.001
1 Mise Material 70.00 70.00T
1 Moose Z9S0 Alarm System with transfunner 495.00 495.001
1 Keypad, 1 smoke detector. 1 CO detector,
battery backup &. speakers
1 Annual Ce.ntraI Station Charges 120.00 120.00T
Sales Tax exemption 0.00 0.00
,
i EXHIBIT
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TOTAL $15,015.00
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Graham Enterprises
215 1/2 W. Simpson Street
Mecbanicsburg, PA 17055-6319
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Invoice
DATE I INVOICE'
2131'00 GE9156b
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I BILL TO:
Ted Hoftinan
29 Laurel Dr.
Mechanicsburg, PA 17055
for work done at 614 Pine Grove Road,
Gardners, PA (cabin #C129)
P.O. NUMBER TERMS PROJECT
QUANTITY DESCRIPTION RATE AMOUNT
Balance Forwarded 15,015.00 15,015.0OT
Discount -20.00% -3,003.00
PA Sales Tax 6.00".4 720.72
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TOTAL $12,732.72
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES,
Plaintiff
No. 00-2044 MLD
TERM
TED HOFFMAN and ROBIN
HOFFMAN,
Defendants
CERTIFICATE OF SERVICE
AND NOW, this 24th day of May, 2000, I, Robert G. Radebach,
Esquire, Attorney for Defendants, herehy certify that I served a copy of the
Praecipe for Rule to File a Complaint in the ahove-captioned tnatter upon
TinlOthy J. Colgan, Attorney for plaintiff, on May 21, 2000, hy depositing the
same in the United States Mail, postage prepaid, in the post office at
Harrishurg, Pennsylvania, addressed as follows:
TinlOthy J. Colgan, Esquire
WILEY, LENOX ~"9, LOAN, P.C., ~
One South BaI ' oretLtr et cBL '
Dillshurg, P " 17'0 , f. '
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G..iohert O. Radehach, ,j' tl
912 North River Road "
Halifax, PA 17032
(717) 896-2666
I.D.# 19255
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES,
Plaintiff
No. 00-2044 MID
TERM
TED HOFFMAN and ROBIN
HOFFMAN,
Defendants
PRAECIPE TO ENTER APPEARANCE
To: Prothonotary
Kindly enter my appearance on behalf of th
captioned matter.
Robert G. Radebach, Esquire
912 North River Road
Halifax, PA 17032
(717) 896-2666
Attorney for Defendant
Date: May 10, 2000
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WILLIAM S~ GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNT~
PENNSYLVANIA
Plaintiff
VS.
No. 2000 MLD 2044
TED HOFFMAN and ROBIN
HOFFMAN
I accept service of the Complaint on behalf ofTe Ho
G. Radebach
2 North River Road
Halifax, P A 17032
Defendant
Hoffman, Defendant, and certify that I am authorized
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DATE'
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WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
VS.
No. 2000 MLD 2044
TED HOFFMAN and ROBIN
HOFFMAN
Defendant MECHANICS' LIEN
PLAINTIFF'S REPLY TO
DEFENDANTS' ANSWER WITH NEW MATTER AND COUNTERCLAIM
1,6. No reply required.
7. Deuied. The Plaintiff agreed initially to perform the labor requested by the. Defendant for
$2,500.00. Defendants continually expanded the scope of the project. Strict proof of Defendants' averment
is hereby demanded at trial.
8. Denied. The Plaintiff specifically indicated that he would charge the Defendants additional
hourly fees for the work that exceeded the scope of the original agreement. Strict proof of Defendants'
averment is demanded at trial.
9. Admitted in part, denied in part. The initial project included the work identified in Paragraph
9 of Defendants' New Matter and Counterclaim. However, as previously stated, Defendants' continually
increased the scope of the project during the course of the project. Strict proof of Defendants' averment is
demanded at trial.
10. After reasonable investigation, the Plaintiff is without knowledge or information as to the truth
of Defendants' averment and strict proof thereof is demanded at trial.
11. Denied. The security system was installed and is currently in operation and used by
Defendants. Strict proof of Defendants' averment is demanded at trial.
12. Denied. Defendants' averment is a legal conclusion to which no response is required. To the
extent Defendants' averment contains factual assertions, said assertions are denied and strict proof thereof is
demanded at trial.
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13. Denied. Plaintiff avers that the stove pipe was clogged with creosote prior to his arrival on
site. Strict proof of Defendants' averment is demanded at trial.
14. Denied. Said fireplace was in the same condition at the conclusion of Plaintiffs work as it was
at the beginning. Strict proof of Defendants' averment is demanded at trial.
15. Denied. Plaintiff did no damage to Defendants' roof. Strict proof of the Defendants'
averment is demanded at trial.
16. Denied. Defendants' specifically instructed Plaintiff to use the heating system in the building
and advised that Defendants would be responsible for the cost of any electricity used. Strict proof of the
Defendants' averment is demanded at trial.
1 7. After reasonable investigation, the Plaintiff is without knowledge or information as to the truth
of Defendants' averment and strict proof thereof is demanded at trial.
18. After reasonable investigation, the Plaintiff is without knowledge or information as to the truth
of Defendants' averment and strict proof thereof is demanded at trial.
19. After reasonable investigation, the Plaintiff is without knowledge or information as to the truth
of Defendants' averment and strict proof thereof is demanded at trial.
20. After reasonable investigation, the Plaintiff is without knowledge or information as to the truth
of Defendants' averment and strict proof thereof is demanded at trial.
WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of$12,879.24, with
interest from January 17, 2000, costs of suit and furthermore requests judgment against Defendants on
Defendants' New Matter and Counterclaim.
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
By: 4.1Z~.
Timothy;. "Z~e
Attorney LD. No. 77944
Attorney for Defendants
I South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
Date: 1-14-/10
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VERIFICATION
I, WILLIAM S. GRAHAM, JR., d/b/a GRAHAM ENTERPRISES, verify that the
statements made in this document 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. 94904, relating to unsworn falsification to authorities.
Date: 9-,l-/-oO
tttl'a~.:- .5:/:/-4 1~_ 9~
WILLIAM S. GRAHAM, JR.
d/b/a GRAHAM ENTERPRISES
Plaintiff
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CERTIFICATE OF SERVICE
On this tIS(- of September, 2000, I certify that a copy of the foregoing Plaintiffs Reply
to Defendants' Answer with New Matter and Counterclaim was served upon the following by U.S.
Mail, postage prepaid, addressed as follows:
Robert G. Radebaugh, Esquire
107 Locust Street
Harrisburg, PA 17101
(Attorney for Defendants)
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
By: T~~:
Attomey I.D. No. 77944
Attorney for Defendants
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
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WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
VS.
No. 2000 MLD 2044
TED HOFFMAN and ROBIN
HOFFMAN
Defendant MECHANICS' LIEN
RULE
AND NOW, this
30"
day of
1..J',
, 2002, upon
consideration of the foregoing Petition for Leave to Withdraw Appearance, the Court grants a
rule to show cause why the appearance of Timothy J. Colgan, Esquire, on behalf of Plaintiff,
William S. Graham, Jr. d/b/a Graham Enterprises, should not be allowed to be withdrawn.
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WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
VS.
No. 2000 MLD 2044
TED HOFFMAN and ROBIN
HOFFMAN
Defendant MECHANICS' LIEN
ORDER
AND NOW, this
day of
, 2002, upon
consideration of the verified Petition of Plaintiff s Counsel For Leave To Withdraw, it is hereby
ORDERED and DECREED that said petition is GRANTED and that Petitioner, Timothy 1.
Colgan, Esquire, be permitted to withdraw his appearance of record for the Plaintiff in the above
matter.
J.
. ~~
, .
~~.
WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
vs.
No. 2000 MLD 2044
TED HOFFMAN and ROBIN
HOFFMAN
Defendant MECHANICS' LIEN
PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW
The petition of Timothy J. Colgan, Esquire, respectfully represents:
1. Petitioner was retained by the Plaintiff on March 15, 2000 to represent him in the
above-captioned matter.
2. Despite repeated attempts to contact the Plaintiff, the Plaintiff has not responded to
Petitioner's inquiries.
3. Based upon the Plair;tiff s refusal to communicate with Petitioner, the Petitioner
believes, and therefore avers, that he is unable to continue to represent the Plaintiff effectively.
4. No hearings are presently scheduled before the Court,
5. Withdrawal of Petitioner from this case will not materially prejudice the Plaintiff or
delay any pending litigation.
6, The Plaintiff and counsel for the Defendant, Robert Radebach, Esquire, have been
given at least 20 days notice of the Petitioner's intent to seek the Court's permission to withdraw
from the case, Copies of Petitioner's letters are attached as Exhibits A and B.
I~i>",.
7. Neither the Plaintiffnor opposing counsel have voiced any opposition to Petitioner's
desire to withdraw from the case.
WHEREFORE, Attorney Timothy J. Colgan requests that this Honorable Court permit
him to withdraw as counsel in this action.
Respectfully submitted,
Dated:
7- zt-t73-
4~~
Timothy J. Co gan, EsqUIre
WILEY, LENOX, COLGAN
& MARZZACCO, P,C,
1 South Baltimore Street
Dillsburg, P A 17019
(717) 432-9666
LD. #77944
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.THEWILEY GROUP
Attorneys at Law-
Wiley. Lenox. Colgan. Marzzacco . P.c.
May31,2002
Robert Radebach, Esquire
107 Locust Street
Harrisburg, P A 171 0 1
In re: Graham v. Hoffman
Dear Attorney Radebach:
Enclosed please find the proposed Order and Petition of Plaintiffs Counsel for Leave to
Withdraw. I intend on submitting this Proposed Order and Motion 20 days from the date of this
letter if I have not heard from you voicing an objection to my withdrawal.
Very truly yours,
vnLEY, LENOX, COLGAN
& MARZZACCO, P.C.
by Timothy J, Colgan
TJC/saf
Enclosure
. ~'~~'IJ~If;;
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Jan M. Wiley. David j, Lenox. Timothy j. Colgan. Christopher j. Marzzacco . Christine j. Taylor
1 South Baltimore Street. Dillsburg, PA 17019 . Phone: (717) 432-9666 . (800) 682-4250 . Fax: (717) 432-0426
Offices in Harrisburg. York. Carbondale
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THE WILEY GROUP
Attorneys at Law-
Wiley. Lenox. Colgan. Marzzacco . p,c.
May 31, 2002
William S, Graham, Jr,
Graham Enterprises
215 y, W. Simpson Street
Mechanicsburg, P A 17055
Dear Mr, Graham:
I have not heard from you with regard to your litigation action in many months.
Therefore, I intend on filing the attached Order and Petition to Withdraw as your attorney twenty
days from the date ofthis letter in have notheard from you voicing an objection to my
withdrawal. Please give this matter your immediate attention.
Very truly yours,
WIT-EY, LENOX, COLGAN
& MARZZACCO, P.C.
by Timothy J, Colgan
TJC/saf
Enclosure
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jan M. Wiley. David j, Lenox. Timothy j, Colgan. Christopher J. Marzzacco . Christine J, Taylor
1 South Baltimore Street. Dillsburg, PA 17019 . Phone: (717) 432-9666 . (800) 682,4250 . Fax: (717) 432,,0426
Offices in Harrisburg. York. Carbondale
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CERTIFICATE OF SERVICE
I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy ofthe
foregoing document upon the person(s) and in the mauner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail: first-class, postage prepaid, as follows:
William S. Graham, Jr.
Graham Enterprises
215 Yz W. Simpson Street
Mechanicsburg, PA 17055
Robert Radebach, Esquire
107 Locust Street
Harrisburg, PA 17101
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
Attorneys at Law
Date: 1- :l-I-o;r
By: Ti~~~~ire
Supreme Court LD. #77944
1 South Baltimore Street
Dillsburg, P A 17019
(717) 432-9666
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WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
No. 00-2044-MLD Term
TED HOFFMAN and ROBIN
HOFFMAN
Defendant MECHANICS' LIEN
CERTIFICATE OF SERVICE
I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the Rule
and Petition of Plaintiffs Consel for Leave to Withdraw upon the person(s) and in the manner
indicated below, which service satisfies the requirements ofthe Peunsylvania Rules of Civil
Procedure, by depositing a copy of same in the United States mail, first -class, postage prepaid, as
follows:
William S. Graham, Jr,
Graham Enterprises
215 Yz W. Simpson Street
Mechanicsburg, P A 17055
Robert Radebach, Esquire
107 Locust Street
Harrisburg, P A 171 0 1
WILEY, LENOX, COLGAN
& MARZZACCO, P.C,
Attorneys at Law
By: ~~
T. hJE '
rmot y , , sqUire
Supreme Court LD. #77944
1 South Baltimore Street
Dillsburg, P A 17019
(717) 432-9666
Date: 1- 1o-or
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IN THE COURT OF COMMON PLEAS O~!~rMlhJBo
CUMBERLAND COUNTY, PENNSYLVANIA ~L Ir
WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES,
Plaintiff
No. 00-2044 MLD
VB
TED HOFFMAN and ROBIN
HOFFMAN,
Defendants
ORDER TO REVOKE APPOINTMENT OF BOARD OF
ARBITRATORS
AND NOW, this r ~ of October, 2003, upon presentation and
consideration of the within Motion it is hereby Ordered and Decreed that
the appointment the Board of Arbitrators in this matter on September
23, 2002, be and is hereby revoked.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA.
WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES,
Plaintiff
va
TED HOFFMAN and ROBIN
HOFFMAN,
No. 00-2044 MLD
Defendants
MOTION TO REVOKE APPOINTMENT OF ARBITRATORS
1. This action had been filed in April 4, 2000, as a Mechanics Lien
Claim.
2. On September 22, 2003, Counsel for Defendants listed this
matter for Arbitration and served the Pla.tntiff, W1ll1am. S. Graham., Jr.
who was at that time unrepresented.
3. Several da3rs after notmcation of listing for Arbitration, New
Counsel for Plwntiff, G. Edward Schweikert IV, Esquire, contacted the
undersigned and advised that Pla.tnt1ff desired to terminate this action
with prejudice.
4. Defendants are also will.ing to terminate their Counterclaim in
this action.
5. Pla.tnt1ff, through Counsel has forwarded to Defendants, a
Praecipe to Sat1s:ty, Settle and Discontinue this action, for fillng with the
Prothonotary. See copy attached hereto as Exhibit A, and which is
hereby made a part hereof.
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6. Defendant has also prepared and desires to file a Praecipe to
Withdraw Counterclaim, which is attached hereto as Exhibit B which is
attached hereto and which is hereby made a part hereof.
7. On September 23, 2003, the Court appointed a Board of
Arbitrators in this action, however the Order has not yet been delivered
WHEREFORE, Defendants reques
enter an Order
to the Arbitrators.
need for Arbitration.
revoking the Appointment of Arbitr or .
. Radebach, Esqu1re
07 Locust Street
Harrisburg, PA 17101
71 7-234-6655
I.D. 19255
Attorney for Defendants
G. Edward Schweikert IV, Esquire
Supreme Court ID #81976
BOSWELL, TINTNER, PICCOLA & ALFORD
315 North Front Street
Post Office Box 741
Harrisburg, PA 17108-0741
Attorneys for William S. Graham, Jr" dfb/a
Grah:l.m Enterprises
WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM E;'\lTERPRISES,
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CASE NO. 2000 MID 204'4
v.
TED HOFFMAN and
ROBIN HOFFMAN,
Defendants
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above-referenced case SETTLED, DISCONTINUED and ENDED, with
prejudice,
By:
G, E ward ScJ eikeli lV, Esquire
upreme Courll.D. No, 81976
BOSWELL, TINTNER, PICCOLA & ALFORD
315 North Front Street
Post Office Box 741
Harrisburg, PA 17108-0741
Attomeys for Plaintiff
Date: ~ r 1 ~ (j)JJ
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES,
Plaintiff
No. 00-2044 MLD
TERM
TED HOFFMAN and ROBIN
HOFFMAN,
Defendants
PRAECIPE TO WITHDRAW COUNTERCLAIM
To: Prothonotary
Kindly withdraw the counterclaim filed in the action above captioned.
Date: September 30, 2003
pxw{3/iB
Robert G. Radebach, Esquire
912 North River Road
Halifax, P A 17032
(717) 896-2666
Attorney for Defendants
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IN THE COURT OF COMMON PLEAS OF
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RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, TIlE JUDGES OF SAID COURT:
~be..r+ (;.%. \::x)Qh, counsel for the plaintiff/~n the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $~rl.) 5S "19 .8Y-
The counterclaim of the defendant in the action is
The following attorneys ar
G.
interested in the case(s) as counselor are otherwise disqualifie
c-\ Ti r'Y\ \! '
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
submitted.
ORDER OF COURT
ANDNO~~ ,~,inco~tion_ofthe
foreg"",g~ iI" . E"l. ""L~~
Esq., and ,Esq., are appointed arbitrators in the above captioned action (or
actions) as p ed for.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES,
Plaintiff
No. 00-2044 MLD
TERM
TED HOFFMAN and ROBIN
HOFFMAN,
Defendants
ert G. Radebach, Esquire
12 North River Road
Halifax, P A 17032
(717) 896-2666
Attorney for Defendants
PRAECIPE TO WITHDRAW COUNTERCL
To: Prothonotary
Kindly withdraw the counterclaim filed in the
Date: September 30, 2003
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G. Edward Schweikert IV, Esquire
Supreme Court lD #8197'6
BOSWELL, TINTNER, PICCOLA & ALFORD
315 North Front Street
Post Office Box 741
Harrisburg, PA 17108M0741
Attorneys for William S. Graham, Jr., d/b/a
Graham Enterprises
WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES,
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CASE NO. 2000 MID 2044
v.
TED HOFFMAN and
ROBIN HOFFMAN,
Defendants
PRAECIPE TO SETTLE. DISCONTINUE. SATISFY AND END
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above-referenced case SETTLED, DISCONTINUED, SATISFIED and
ENDED, with prejudice.
By:
Q, Edward chweikert N, Esquire
Supreme Court LD, No. 81976
BOSWELL, TINTNER, PICCOLA & ALFORD
315 North Front Street
Post Office Box 741
Harrisburg, PA 17108-0741
Attorneys for Plaintiff
Date: Gel- C\, "1...u u3
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CERTIFICATE OF SERVICE
I do hereby certify that I have served a true and correct copy of the foregoing Praecipe to
Settle, Discontinue and End by placing the same in the United States Mail, first class, postage
prepaid, at Harrisburg, Pennsylvania, addressed as follows:
Robert G. Radebach, Esquire
912 North River Road
Halifax,PA 17032
By:
Date: O(.,t '1) 200I
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-02044 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
-"-
GRAHAM WILLIAM S JR ET AL
VS
HOFFMAN TED ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM
was served upon
HOFFMAN TED
the
OWNER
, at 0018:49 HOURS, on the 24th day of April
at 29 LAUREL DRIVE
2000
MECHANICSBURG, PA 17055
ROBIN HOFFMAN (WIFE)
by handing to
a true and attested copy of MECHANICS LIEN CLAIM
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
So ;;~~!
R. Thomas Kline
04/25/2000
WILEY, LENOX,
MARZZ
Sworn and Subscribed to before By:
m
this Jfc.(&..
day of
A.D.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-02044 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GRAHAM WILLIAM S JR ET AL
VS
HOFFMAN TED ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM
was served upon
HOFFMAN ROBIN
the
OWNER
, at 0018:49 HOURS, on the 24th day of April
, 2000
at 29 LAUREL DRIVE
MECHANICSBURG, PA 17055
by handing to
ROBIN HOFFMAN
a true and attested copy of MECHANICS LIEN CLAIM
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
r-fJ?~~~€
R. Thomas Kline
04/25/2000
WILEY, LENOX,
Sworn and Subscribed to before By:
me
this J.~.{(
day of
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNSYLVANIA
WILLIAM S. GRAHAM, JR., d/b/a
GRAHAM ENTERPRISES,
Plaintiff
No.2000 MLD2044
TED HOFFMAN and ROBIN
HOFFMAN,
Defendants
TO: Williall1 S. Graham, Jr.
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 attomey and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are wamed 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 Petition or for any other
claim or relief requested by Petitioner. 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.
COURT ADMINISTRATOR
Third Floor
Cumberland County Court House
Carlisle, P A 17013
Telephone: 717- 240-6200
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IN mE COURT OF COMMON PLEAS
CUMBERLAND COUN1Y, PENNSYLVANIA
WILLIAM S. GRAHAM, JR., Jib/a
GRAHAM ENTERPRISES,
Plaintiff
No. 2000 MLD2044
TED HOFFMAN and ROBIN
HOFFMAN,
Defendants
ANSWER WITH NEW MATTER AND COUNTERCLAIM
1. Admitted.
2. Admitted.
3. Admitted.
4. while Defendants admit that a Mechanic's Lien Claim was filed on
April 4, 2000, Defendants aver to the contrary, that they are not liable
for the work performed on the premises. owned by Defendants. Strict
proof of the averment is hereby demanded.
5. Defendants aver to the contrary, that they are not liable for the work
performed on the premises owned by Defendants. Strict proof of the
averment is hereby demanded.
NEW MATTER & COUNTERCLAIM
6. Paragraphs 1-5 of this Answer are hereby incorporated herein as if the
Same were set forth in their entirety.
7. Defendants aver that the work which Plaintiff agreed to perform waS
to be a labor contract with the Defendants paying for all materials.
The total amount of the labor agreement waS $2500.00.
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8. At no time after the Plaintiff commenced work did he ever indicate to
the Defendants that he was charging them on at an hourly rate. The
only indication given 1y the Plaintiff was that the work would take
one to two weeks to complete for the fixed price of $2500.00.
9. The work encompassed removal of existing 1athroom, kitchen, and
1edroom interiors and installation of insulation, re-routing of
plumhing and electrical lines and the installation of kitchen and
1athroom fixtures.
10. After work commenced, Plaintiff suggested that the windows 1e
replaced and the Defendants provided the windows that the Plaintiff
replaced, with it 1eing understood that the defendants would pay the
Plaintiff for the la10r to install said windows, however the work
performed 1y Plaintiff was of such a poor quality that the windows
installed are not weather tight.
11. Plaintiff further offered to sell to the Defendants a security system for
the sum of $250.00, however, that work was never completed and the
system does not work.
12. Defendants' aver that the work performed 1y plaintiff was of poor
quality and not completed in a work man like manner and almost all
of the work will need to 1e replaced and redone.
13. Defendants further aver that the Plaintiff ruined the existing stove and
chimney 1y 1urning waste wood which clogged the stove pipe with
creosote requiring the replacement of the chimney.
14. Defendants aver that the Plaintiff ruined an outdoor fire place 1y
1urning construction waste materials with the result that the fireplace
was damaged to the point where it will require replacement.
15. The Plaintiff damaged the roof and caused a leak which resulted in
interior damages to the 1uilding.
16. Defendants aver that the Plaintiff misused the heating system for the
subject 1uilding and wasted a large amount of electricity amounting to
$250.00
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17. Defendants have ohtained estimates to repair the faulty and
incomplete work perlonned hy the Plaintiff as shown on the attached
estimates marked d1, d2 and d3, attached hereto which are herehy
made a part hereof amounting to
$ 6,872.99.
18. Defendants further aver that the cost of replacing the outside fireplace
will amount to $1,500.00
19. Defendants aver that the cost to repair the damaged roof of the cahin
will he $500.00
20. Defendants aver that the cost to repair the interior wa
from the roof leak were $651.64.
WHEREFORE, Defendants demand Judgmen
amount of $9,764.63, together with interest
costs of suit.
Ra ach, Esquire
107 Loc t Street
Harrishurg, PA 17101
717 -234-6655
J.D. 19255
Attorney for Defendants
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I verify that the statements made in this Answer With New Matter and
Counterclaim are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn
falsification to authorities.
Dated: August 4, 2000
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Ted Hoffman
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r- 1;::, .1:_ - . - CI '.J 1'1 1.-1 J.~ .l.l;;: ~ l;,.I
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. TROUTMAN'S
HOMe RENOVATION'S
611tElOWMAN ST.
MILlERSBURG PA 17061
PH. (711)692...2299
ESTIMATE
DESCRIPTION
REINSTALL WINDOWS CORRECTLY 2 HOURS PER
ReMOVE TRIM .aND INSTALL NEW AROUND WINDOW AND
OOORS
FIX VANITY PLUMBING
HOOK UP SHOWER ReSTUD BACK WAll
HOURS COST
10 $500.00
5 $250,00
1.5 $75.00
4 $200,00
FIX DRYWALL
10 .seoo.oo
30.5 $1,025.00
TRAVEL TIME OF 1 HOUR PER DAY WILL BE CHARGED AT NORMAL LABOR RATe,
THIS ESTIMATE IS LABOR COST ONLY.
NOTE: THERE IS ONE POINT I WOULD LIKE TO MAKE REGARDING THE WORKMANSHIP
OF THE JOB THAT WAS DONE. IN MY 16 YEARS IN THE FIELD, THIS IS PROBABLY THE
WORST CARPENTRY I HAVE seEN. IT'S AN EMllARRASSMENT TO THE FIELD
THAT ANYONE COULD CHARGE SUCH A RIOICULOUS PRICE FOR THE
QUALITY AND AMOUNT OF WORK THAT WNS PERFORMED,
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FEE;- ..-ewE) MON 11 :31
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TROUTMAN'S
HOME RENOVATION'S
591 BOWMAN ST,
M!LLERSBURG PA 17061
PH. (717)692-2299
ESTIMATE
REMOVAL OF PRESSEO eOARD,ANO PREPERATION FOR GYP BOARD
REMOVE FLOORING IN BATHROOM AND REPLACE WITH PLY WOOD
REPLACE FLOOR JOIST OR SCAB JOIST BESIDE.
REMOVE AND REPLACE BATHROOM EXTERIOR WALL
BUILD WAU- BETWEEN BEDROOM ANO KITCHEN
HANG GYP BOARD AND FINISH
HANG DOORS 2.5 PER DOOR 1 MAN,
INSATALL VANITY AND F'I.UMB
INSTALL TOILET
INSTALL SHOWER AND PLUMB
TRIM WORK
CABINETS INSTALLATION WITH PLUMBING.
FRAME ,AND INSTALL WINDOWS WfTRIM 2,5 PER WIN,
TOTAL HOURS
TOTAL LABOR
THESE ESTIMATES ARE FIGURED WlTH:I MEN AT $26.00 PER MAN HOUR,
TED, THIS JOB SHOULD BE COMPLETED WITHIN A 2-3 WEEK TIME PERIOD,
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P..0Z
HOURS COST
8 $400.00
2.5 $125.00
2 $100.00
& $400.00
1 $50,00
28 $1 ,400
7.5 $225,00
2 $100,00
1 $50,00
4.5 $225.00
6 $300,00
3,5 $175.00
12,5 J615.00
86.5
$4,165,00
DESCRlPTlON bPWOJU(
(1l~1~1l in~1lJ3tcd chimner UShlR Sllld
1I1i\lcrJ:ils. Provide all materials.
tools, and labor tr> com rIel" Inh in "
professional al1illillle \' mannei'.
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FRUM CS/SYSTEMS
7172431120
01-DB-S4 10:47AM TO
691633B
Q.tumbel'lanb
([bimntp &Wtep~
1'.0. Box Ilia
, I'lalnfleld, l'A 171>81
. (800) 8711.:.46116' (717) 691-8591' (7]7) 243-liI1j8'
.Job Estimate/Invoice
,10189 ,,' ' ,', ,
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Ctt!ft'o'MBR"114FOftAttON
Mailing Address:
Mr. Ted Hoffman
29 Laurel Drive
Mecbllnic,;bllr~, Pa, 1705S
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Job Location:
I.ak(, Calli II
614 Pille Grove Rd.
OardllerH Pa.
''7:-l:l4
ID # 10587
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PHONE 6\)1-21)00
, '\tM:'ljtUAL
AMOUNT
117,';.68
ORDER TAKEN BY .
Guardian rhiITIn"S e.ll'
:Jot, ~~a. hlack ~t,:)"c pipe wi t('t.\~ und (~H.Hl''''''s
$7~.'15
Pf,C01'lIlHi eciliu;1 Rl1ppQrt
877. At)
Atlk ins1llation shiel,]
'~~:.:f.96
Adjust~\hlll rod J1;I:~hjl\p'
$9U,~l:l
SIOl'm eollit(
$8.43
OTHER
I'reight
Stlpp-rPr<> Chl,,-A insulaled PIpe
$:no.'75
LABOR
TnlllitIJ;,ltiuH
w..n,c;i).LET~l>
".I',>lal M <(lcriu1.
S802.<l9
Tratal Lahor
"["(,,I Mul,',.;al.
'I"nta] Other
('ax
TOTAL
Work ordt!r by
SigMlurc
"'1'trn.l.".. 2~, Interest charged on all aCCOl1nts (Ifter 30 day"
fj()% J)cposit " Btlhnce dw. upon rOl\l111etilm
E~;t,fm;.lh~ ~nlld ror JO ~J;."Pi,
03
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<13 P.1I1
DATE 2/2/2000
AMOUNT
$95.00
AMOUNT
$775.00
Sn.'ii,ol{
$802.99
$~li,()(l
Sl.67LQQ
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