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Home My WebLink About00-02936 '... ~- -'" .';;Z,_ COMMO EAL'''' OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. CO -.:? ~ '?I'A 6.{';...t7 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal fram the judgment rendered by the District Justice on the date and in the case mentioned ~Iow. CITY ,- c-.A-5 '"Z>,..,t....- MAG. DlSt NQ OR NAME OF O,J. e>Cf-I-o:;;l STAre ZIPCOOE ~ CV~ (!J(z>e>C' t.//~-OJq LT 19 This block will be signed ONLY when this notation is required under Po. R.cP JP. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS ta the judgment for possession in this case. ~ If a s CLAIMANT (see Pa. R.GP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fOlm to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Ente<rule upon PElr?7J" "1/ r;- , l~o/l/ f};€/JI). I . Name of appelleeM ' (Cammon Pleas No. t:l:? -,;)93 (p tktJ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. /J ~ /"i:...,,,, ,"",-,,"" LJ ~'..fl.P"~ rr'?J"'-/~I//l/r:;-1 /~'-'P'vr"'<V ''7'. , ' Of torhisattorrJayoragent RULE: To -I" JC'A A;b( f}A!uri9,t} 4.~ A , appellee(s). Name of ~/freIs} . appellee(s), 10 file a complaint in this appeal (1) Yau are notified that a rule is hereby entered upon you ta file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: 'Yi1~ /I ,IP~ ~~a k. ~~c/~lor_ AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY ~gi!W';>Nlti-'OliM~IHa.o;rlll';;;'*~i><i_il~il\igi,M:;,;.,\L""i;SJ.J.'J;;,Il;~lo~ilIiiilt'r;/IililllliijH_H....1 iI8~j I ~~ n .~ Jt j l"" ~' . , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF . ; flS AfFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice 01 Appeal, Common Pleas 11I0, , upon the District Justice designated therein on (date of service) 0 by personal service 0 by (certified) (registered) mail, sender's receipf attached hereto, and upon the appellee, (name) , on ___ , 19__ 0 by personal service 0 by (certltled) (registered) mail, sender's receipt attached hereto, o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon fhe appellee(s) to whom the Rule was addressed on , 19~ 0 by personai service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIFIMED) AND SUBSCRIBED BEFORE ME THIS DAY OF __ ,19_ Signature ot affiant Signature of official before whom sffldavit was made TiUe ofofficfai My commission expires on ,19___ (') 0 0: ~, ~ ~ c: 0 -f1 -~ ::It ""... ,-I ueD ",. I" ~ ' \ ,;~ - [Drn ':"< ,'nr;:; ~ &: 2,:0 zc :86 \ (f) ,E; 0: , \ -("4 '. '\ !<O "0 ~. \ )>" ::It 0,'. , Zo t:1 ~ Pc: ~ ~ 0 ~ CT\ ~ t - . -:-iI'~~'''' , < , NOTICE OF JUDGMENTITRANSCRIP CIVIL CASE PLAINTIFF: NAME and ADDRESS IpORTZLlNE, LEONARD A 510 S ENOLA RD WEST FAIRVIEW, PA 17025 L VS. DEFENDANT: NAME and ADDRESS lFRANK PRETOPAPA T/A CAPITAL IMPRVM 245 ENOLA ROAD ENOLA, PA 17025 L Docket No.: CV"0000414-99 Date Filed: 1t/22/99 ~ . -, " COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist No.: 09-1-02 DJName: Hon. \ ROBERT V. MANLOVE Add'"'' 1901 STATE STREET CAMP HILL, PA ""p,,",,.(717) 761- 0583 17011-0000 FRANK PRETOPAPA T/A CAPITAL IMPRVMT 245 ENOLA ROAD ENOLA, PA 17025 - <;/. ~<y THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JlJDGMENT PLTF [i] Judgment was entered for: (Name) POR'I'7.T.TlITR. T,F.OllTJl.Rn Jl. [i] Judgment was entered against: (Name) FRAlITlr PRF.'I'OPAPJl. TIll. ~APTTAT, TMPRVM'I' in the amount of $ 4 117 '10 on: , D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. D Amount of Judgment Subject to AttachmenVAct5 of 1996 $ D Levy is stayed for days or 0 generally stayed. . 0 Objection to levy has been filed and hearing will be held: Date: Place: Time: (Date of Judgment) 4/1"\/00 . (Date & Time) Amount of Judgment $ 4,000.00 Judgment Costs $ 117.20 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4,117.20 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF T OT OF J E TITRANS IPT ORM WITH YOUR NOTICE OF APPEAL. 1-(/5/ CY8-6ate ,..,'?:,.~~.~i~trictJUstice pr c edings co~l~ftt-ie.iudgment. '., . . ,_ _~ . .r " it' : t "District JustiCe My commission expires first Monday of January, AOPC 315.99 2006 ._,,,,,,,,!,.,. \. '1." '- " "SEAL - rm::;:=L::=17r;t~~~li~~h~,,r,z~~~!~::~t~;~lif~:~i~~)~~li]li.i'~, f -c, - ",-" .,'-,. COURT OF COMl\ilOl!I ~LEAS FROM JUDICIAL DISTRICT' DI$TRICT JUSTICE. JUDGMENT COMMON PLEAS No. Q?-.:Jc;3ri" 6/;.,# NOTICE OF APPEAL Notice is gi'len that the appellantljas filed in the abave Caurt af Camman Ple,nan appeal from the judgment rendered by the District Justice on the date and in /he case mentianl;d b<!1aw. '\ CITY ZIP CODE ; o/V /tR.LJ SIGNATURE CV~ , .. LT 19! This black will be sigri~d()NL YWhen' this natatiai1 is required under Pc. R.C.P.JP. Nc. 10088.' .' . . This .Notice af Appeal, when. il>ceived . by the. District Justice, will aperate as a SUPERSEDEAS 10 the jtidgmenH'br possession in this case. ,'-,, , ant S CLAIMANT(SifIe Pa. R.C.P.JP. No. 1001 (6) in action beforeDistrictJustice, he MUST FILE A COMPLAINT within t!Neilly (20)d{iys after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy (this sectioil o(,form to be usedONLYwhenappellant was DEFENDANT (see P<1. HC.P.JP. No. 1001 (7) in action before District Justice. l ' ", _ -,: " ,IF NOTUSED, detach from copy of notice of appeal to be served upon appellee). ;'ro ProthanotOry " Pdtf'f Z./, 'II 6 , l '-0/1/ M./J . I). , appellee(s), 10 iile a ccimplaint in this appeal . . .., f' !>@me of appe/Iee(s) (CammOn Pleas Na.W . ';)1~3 tc . tit JJI ) within tweniYeiO)daysa~'';~vic~:;;fr~';''':;'';~ii.,; entry of judgment of nan pros. .lA.;g.'~. ... .Z./.."..'N.i:2;..f:i,.-....I.~....{;i.......-~. ':M..t;:J.fiJ.; ........\,..~~~~~~~:~or~ RULE: To-'b.~ 'f4t,;!..d!!!:~ ,appellee(s), .... ..,.',. ,..... P,:,~,' ':,' "'0) Name of appeIfr#e(sJ ,'1' .P.IlAE(IPE.TO~NT:ERRULETO FILE COMPLAINT AND RUUTO FlU , , Date: " (1) You are natified that a rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) daY$, ~'lii,!: dplee,f ~~vice of this rule upOn .Y9Ji.l;>y,;~,.~ql service or. by.,certified or ~istered mail ,cc.~. ~ ,- ,"'_, ..,~;~~;'-":~1< ~.-~:f~:~t~~,"~4'>-, . . y; _ .-, ' , (2)1f you,'ll'riiit\Ak;~ comp((Iiht'~t~i",this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. r=~~_.'~;' '. . . : '_' ~~. '{::~~, (3) Th;~of service.;,f thilrulei 5l!i:~jCe was by mail is the date of mailing. 'ft1~';' II ,.~~ "'"" '1t/"'~ ,'),;. U I/:~ ~ IC., )"J2. , ~ of or Deputy '"w..." i \ ' ~ AOPC 312-84 COURT FILE .... ,-..,.,... , . .... ... .... ,~__, ...,,,......_ h' .. , ,. ~ . '_J . - ,...... __.w. Q 0 ,__ 0 ~ -,=-,~ -p '-'"IT ~., m:/ -'-- L0 -< ~~:D . ffl~ ;:;; ,~:,j~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO F~~ c~p~iJilT ~-;;:;"'(f' ~,.(') (This proal 01 service MUST BE FiLED WITHIN TEN nO) DA YS AFTER filing the notice 01 appem: ~eC"'')jppli~"''boXeS! ::::, ::> P: COMMONWEALTH OF PENNSVLVANIA -< .r;:- ~ COUNTY OF J)aJLPhi n ; .. AFFIDA V!T: ! hereby swear or affirm that I served o a copy of the Notice ot Appeal, Common Pleas No, _00 CJ...9 ?6 _. upon the District Justice designated therein on (daie of s6cvice) . i::J by personal service 0 by (certified) (registered) mail, sender's receipt aitachpd hereto, and upon the appellee, (name) " on <; (I q ,19~eco 0 by personal service ~ {certified} (registered) mail. sender's receipt attached hereto< o and furt.her that I served the Rule to File a Complaint {'.i~ompa.nylng the above Notice of Appeal upon the appeliee(s) to whom the Rule was addressed on J /f~ I 19 t.7ca> 0 by personai service 0 by (certified) (registered) mail, senders receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME Iq#'! '_ DAY OF .lia.y ^1eqan-r ~~- Slgnatl.Jre of a:il~ ~::{)I{1:1 WhOr'! tl~fi('/allit IN€!S made -~nlfllUJ4 ]1J..bli G liNe o! offi,.,ifi! o -" -'~ THIS ",::,~2@l> ~d'_~______'_ SIgnature of afffant My cornmimw:iI11);o<pires on , . NOTARIAL SEAL Melllln t ~~laJn. Notary PubUc ClIy of Harrisburg, Dauphin County _c:ommlssklll'811pflQ IIlM1mbor18, 2002 , "->< ,.~. ' -" l'- :. ~~, ,- Retum Receipt Fee ~ Cl fEndornomoot R,q,'",d) , ~ g RestrlctedOeliveryFee ~~:- ~ I (Endorsement RequIred) . -:. 0 \#'-' ,~ i r::::J Total Postage & Fees I $ .:: i ~ . ,p; <;" rn Name (Please Print Clearly) (To be completed by ml1l1er) ~ Ir. ~~~t'A----/-N.~,QP"O'~B""'N!:I.:?/L{!!s;::.,_'m'_._...._-'_'_'~_....m .~ [J"'" .....ee. p.. 0., or ox o. -~ ~ i;(f,tai-'~-;;p~tfLY.9!L?.j!!-~'-;;;A'--...'_.._....,..-;--._..m_.. Ii -- 4c ~ ;R,\f.~'~.~::=, _" DC!- 5 f '. II . <........~..~:.~..~:.~..:~:~:~::g::~:~:;jl~:~:~:~:~;g;.~~,~. :.... ~.,"""';... _... .'~.'.. .L,i ."" . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEONARD PORTZLINE, Plaintiff No. 00-2936 Civil Term vs. FRANK PRETOPAPA, T/A CAPITAL IMPROVEMENT 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 defense 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 judgement 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. OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE WHERE CAN GET LEGAL HELP. IF YOU DO NOT HAVE A LAWYER SET FORTH BELOW TO FIND OUT Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 'c_ '. "" -< '~ - I "] COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEONARD PORTZLINE, Plaintiff No. 00-2936 Civil Term vs. FRANK PRETOPAPA, T/A CAPITAL IMPROVEMENT Defendant COMPLAINT 1. Plaintiff herein is Leonard Portzline, an adult individual currently residing at 510 South Enola Road, West Fairview, PA 17025. 2. Defendant herein is Frank Pretopapa T/A Capital Improvements, an adult individual currently residing at 245 Enola Road, Enola, PA 17025. 3. Defendant owns and operates a Siding/roofing/home repair business under the name "Capital Improvements". 4. On or about October 7, 1996, Plaintiff and Defendant entered into a proposal agreement concerning the replacement of shingle roof at Plaintiff's home. Attached hereto labeled as Exhibit "A" and incorporated by reference herein is a true copy of a writing prepared by Defendant evidencing the agreement. 5. The specific services to be performed by Defendant were as follows: A. Remove existing main house roof and dormers. B. Inspect for rotted wood, advise customer of replacement cost. C. Furnish and install 15lb. felt paper. D. Furnish and install 25 yr. Certainteed white roof shingles over felt paper. E. Flash where necessary, install new drip edge around entire house, new dormer valley. L_, ",. ~- , > ,-, - -'~ ' ,- .~ . - F. Install all new vent collars, plus install new ridge vent. G. Clean up and haul away all job related debris. H. 2-yr, installation warranty from Capital Improvements. I. 25 yr warranty on shingles from the manufacturer, J. All material is guaranteed to be as specified and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of $3,600.00 with payments to be made as follows: $1,800.00 down to start job. $1,800.00 to be paid upon completion of job. K. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over the estimate. All agreements contigent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other insurance upon above work. Workmen' s Compensation and Public Liability Insurance on above work to be taken out by Capital Immprovements. 6. The total compensation to be paid by Plaintiff to Defendant was $3,600.00. 7, Defendsnt began installation on October 12, 1996. 8. Defendsnt and his employees performed the roof replacement in an unworkman1ike manner as follows: A. The roof leaks and is ruining ceilings, walls and unknown hidden areas on 1st and 2nd levels. 9. Defendsnt has repeatedly been notified of the leakage and the damage it is causing Plaintiff by phone calls, letters and through Defendant's insurance carrier. 10, Defendsnt promised to return "after the next rain" in the fall of 1997 but never returned to check for leakage, 11. Defendsnt has not honored his 2-yr installation warranty although given many opportunities to do so. - -' "': " - 12. As a result of Defendants poor quality of work as set forth in paragraph 8 above, Plaintiff called in three reputable roofing firms to determine the cause of leakage. One representative wrote, "It is my opinion that over-all the problems are due to a poor roof job." A copy of his "List of Problems" is incorporated herein by reference and attached hereto as Exhibit "B". A. Shingles are nailed too close to middle of valleys. B. Shingles do not overhang drip edge on eaves. C. Corners of all dormers are not flashed properly. D. Chimney is not flashed properly. E. Valley flashings are buckled, causing shingles to stand up. F. Shingles are not run under dormer overhangs far enough. G. Spouting on rear dormer not draining. H. Gutter straps installed over top of shingles exposing fasteners. I. Rear wood porch flashings trapping water. J. Not sealed around electric service pole into roof. 13. Defendant used tar paper on top of shingles to alleviate a possible source of leakage at the end of a valley cut too short. 14. Three reputable roofing contractors agree the Plaintiff's roof must be replaced to be made watertight for reasons stated in paragraph 8 above. 15. Defendant was made aware of that determination by letter dated October 11, 1999. 16. The cost to install a new roof is $4,000.00 17. Due to continuation of leakage, the cost to repair interior damage to Plaintiff's home will have to be determined after the roof is once again watertight. 18. Plaintiff has fulfilled all his obligations pursuant to the proposal agreement referenced in paragraph 4 above, including payment of the agreed upon price, plus an additional $400.00 for extras over the estimate. ($4,000.00) ".,'- ~,-"'- " ,. ."",-, . .. ~ 19. On or about April 13, 2000, District Justice Robert Manlove determined Judgement Costs to be $117.20. 20. Defendent therefore owes Plaintiff the sum of $ 4,117.20, calculated as follows: $ 4,000.00 + 117.20 Roof Replacement Judgement Cos ts $ 4,117.20 Total WHEREFORE, Plaintiff respectfully requests that this Court enter judgement in its favor and against Defendant in the amount of $ 4,117.20, plus interest, costs and other appropriate relief. ~.!:> .~ ~ ~~ Leonard A. Portz line 510 S. Enola Road West Fairview, PA 17025-3011 Telephone (717) 732-0555 ~ d ,-- "'-",,,- -.-,' VERIFICATION I verify that the statements made in these Preliminary Objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. LEONARD PORT~NEf>~ - -1- Date: J V l'SE, ::ZY:4-~ ~ EXHIBIT A - , .,~...". Lei " - FROM ~ ~ Proposal '=I~ ~ 3.,2.2. I ~.7Jct. ;fcl~ /11. I JJA- 171/3..2... Proposal No. -S- '1",2 73S't :; Sh N eet 0, y"1~ ;""7ii~ H. 11 '" - .. Date (;-11- 1'6 "_'lIw., t,i I (1- .:l.S2.. ')- 'if~!7 F. J>o s-rrr'" Proposal Submitted To Work To Be Performed At Name Street City State Telephone Number Street .5'/0 s: E#()/q .(d~ City E:nulQ State I'/f Date of Plans Architect ~ Q.. ~ We hereby propose to furnish all the materials and perform all the labor necessary for the completion of to A' ~ (!<".I wit~, payments to be made as follows: " ~ 7'&), ()cJ d(J(/hl f-o -s7-<7f'T : Oh tfr'J#!fh-h'CM n"/= ;otJ. v ' . V "'i) f?'Oci, (}t) -1-1) /;e P<1:~ I' ~l"tIn Q. t 4l . II<! V ~ w "6 it u. ~ tt.. -'.;1:50.{' Glt.,-~ t! . _All material IS guaranteed to be 0$ specified, and the above work to e performed in aecar e with the drawings and -..pecifications submitted fOI above work and completed in a substantial workmanlike manner for the sum of Dollars ($ 3 tP 00, 00 I. , Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and abo'Y'e the estimate. All agreements contingent upon strikes, accidents or delays beyond our ..iontro!. Owner to carry fire, tornado and other necessa~r insur~nce upon above work. Workmen's Compensation and Public Liability Insurance-on above work to be token out by _./>1 I-<t / -rM ",/love '/)""/1 f-s I TJ a.1:t 6,,,- A 4. :t.,.,U. ~ A IJ.4:? Respectfully submitted ~, ,~Zj Per Note - This proposal may be withdrawn by us if not accepted within .3 0 days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date Signatule OPS FORM 3450 . ... LITHO IN u. $. A. - 'j ~_' ~ c_ EXIIIBIT B L^" <_" ,,,; , -, ~. -". -- -,'. Ewing Roofing Co. 1425 Spanglers Mill Rd. Camp Hill, PA 17011 Phone 761-6960 Fax 761-6138 List oJ Problems J. Shingles are nailed to close to middle of valleys. 2. Shingles do not overhang drip edges on eaves. 3. Comers of all dormers are not flashed properly. 4. Chimney is not flashed propaly. 5. Valleyflashings are buckled, causing shingles to stand up. 6. Shingles not run under dormer overhangs fat. enough. 7. Spouting on rear dormer not draining. 8. Gutter straps installed over top of shingles exposing fasteners. 9. Rear wood porch flashings trapping water. 10. Not sealed around electirc service pole into roof 1,- . -.' '-.~ 7/22/99 ~ 0 ... COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEONARD PORTZLINE, Plaintiff No. 00-2936 Civil Term vs. FRANK PRETOPAPA, TIA CAPITAL IMPROVEMENT Defendant CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of plaintiff's Complaint upon the defendent by placing same in the United States mail at Enola, Pennsylvania, Certified Mail on this X day of June, 2000 and addressed as follows: FIlANK PBETOPAPA 245 ENOLA BOAD ENOLA, PA 17025 ;R. -~Q-~~~- Leonard A. Portzl:1ne ~ .....~ 510 S. Enola Road West Fairv:f.ew, PA 17025 ~Iliii< 1".-.-~"~.....iIliItlI ~OIbillio\lIiIM >- C"') is ~ N /- I-" :::>;:1; UJQ Rz SJ,t',} :;,c .........~:(- u..~",._ (L. ::> '.L t-l-.. r::l_J {~ES 7'>- 2.,.. N ~(fJ ,t,,_ I .. ;;. LL;C. rc;_' IT: ., ~"::: LULU .(nO- Ie::: ==:; :~ LL a :::>. 0 = C> -, ,~ =-""R ~~- .- - .:J~L <"" ~. ,~~_.- -.w .< --'L ~ ..ii-... ". ~. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEONARD PORTZLINE, Plaintiff No. 00-2936 Civil Term VB. FRANK PRETOPAPA, T/A CAPITAL IMPROVEMENT Defendant CEB:rIFICATE OF SERVICE , .., 0 ~,_ _ _" _.,~_~', ,"C _, _ ,_ . Compiete items' f.2, l;l d 3. Also compiete item 4 if Restricted ,Delivery is desired. . Print your name and address on the reverse so that we can return the card to yoiJ. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: PeANK fRbTOrAM aY'J ENlvA (jJ G~lA \1J~) 3. ServiceJype ~ified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Copy from service label) ..! rlmHLVlX1i \JJ?li i~ Domestic Return Receipt ;,. ,. ._, PS Form 3811. July 1999 102S95-99-M-1789 I , , !iII.lJii!I;d~"",.....,I>O" - ~, ~!j--~~"'~~~~ -- , ". ~ , '~""". ,. ,.."""".-..}", . .-~ ~~<- M!Ii- -'I, 0 C) 0 c: <::> <' ~ " "'Uct: ~ --.J mgj' ;z: ~'''. 2; :-+ij:;Q 2'"'' I ::g83 (IJ'1:> CO -<,'"':--~ ~C~j -0 :,-;~;(~) )>c :!: ;1~ ::'f1 Zci :.;;(') )> '='? c: Ccn ~ U1 ~ 0"> :J:J -< -. ,-~' , " , ,;J/-k-'~'<'- .-~; LEONARD PORTZLINE, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 00-2936 CIVIL TERM FRANK PRETOPAPA, t/a : CIVIL ACTION-LAW CAPITAL IMPROVEMENT, Defendant. : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Leonard A. Portzline 510 South Enola Road West Fairview, Pennsylvania 17025 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer And New Matter of Defendant or a Default Judgment may be entered against you. ~~;T David A. Baric, Esquire I.D. #44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Date: t/t~ /rtb { ( 'i I !' '~"_h<, '-' _",' ._,-~ LEONARD PORTZLINE, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2936 CIVIL TERM FRANK PRETOP AP A, tla : CIVIL ACTION-LAW CAPITAL IMPROVEMENT, Defendant. : JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT AND NOW, comes defendant, Frank Pretopapa, tla Capital Improvement, and files this Answer and New Matter and, in support thereof, sets forth the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. S. Denied. The document is a writing which speaks for itself. 6. Denied as stated. To the contrary, the total amount agreed upon under the contract was $3,600.00 with provisions for additional work that may be necessary and charges accruing for said additional work. 7. Admitted. 8. Denied. To the contrary, all work performed by Defendant was proper and workmanlike in all respects. It is denied that the roofinstalled by Defendant is causing any damage to the property. '"0" '"-'~o' ;",,:;:.;.;<i .c. ""_".",,' ,;", ,0'- - ''''''''_",'' "b:,._.__._ I r' 9. Admitted in part and denied in part. It is admitted only that plaintiff has contacted defendant alleging that leaks have occurred. It is denied that leaks are occurring or that any damage to plaintiff's property is the direct or proximate result of any action on the part of defendant. 10. Denied. To the contrary, defendant informed plaintiff that there was no indication that the work performed by defendant was causing any damages to plaintiff's property and asked Plaintiff to confirm that water was actually entering through the roof. 11. To the extent these averments constitute conclusions oflaw, no response is required. To the extent a response may be required, the averments are denied. 12. Denied. Defendant incorporates by reference his answer to paragraph 8. I Moreover, these averments contain allegations of fact which are not within the personal :1 i I knowledge of plaintiff. Defendant denies each and every allegation of improper workmanship as 'j , I alleged and demands strict proof thereof at trial. il II 1:1 ill 13. Denied. To the contrary, defendant performed his work in a workmanlike manner and in accordance with generally accepted roofing practices. 14. Denied. These averments contain allegations offact which are not within the personal knowledge of plaintiff and strict proof thereof is demanded at trial. 15. Denied. It is denied that the roof requires replacement or that any of the alleged damages sustained by plaintiff were directly or proximately caused by the work of defendant. 16. Denied. Moreover, it is denied that the roof requires replacement. II ~! i I 17. Denied. It is denied that the roof is not watertight or that any damages have accrued to plaintiff for interior repairs which relate in any manner to work performed by defendant. 18. Admitted in part and denied in part. It is admitted only that plaintiff paid the sum of $4,000.00 to defendant. The remaining averments are denied. Moreover, there were no "extra" charges. 19. Defendant filed an appeal to the District Justice decision which was determined without appearance by defendant. The appeal was de novo and "judgement costs" and the judgment were nullified by the filing of an appeal. 20. Denied. To the contrary, defendant does not owe plaintiff any amount. Defendant incorporates his answer to paragraph 19 as though set forth at length. WHEREFORE, Defendant requests judgment in his favor and against Plaintiff together with costs and expenses. NEW MATTER 21. Plaintiff has failed to mitigate his damages. 22. During installation of the roofby defendant, before the roof could be completed, a storm occurred. 23. The storm caused interior damages to plaintiffs residence. 24. Defendant made repairs to drywall in the plaintiff s residence and repainted portions ofplaintiffs residence which evidenced damage. 25. Defendant received no compensation from plaintiff for these interior repairs. II ,--,-".;",-. 26. Upon information and belief, plaintiff made a claim to his insurance carrier for the interior damages and received a check from his insurer for approximately $3,700.00. 27. Upon information and belief, plaintiff endorsed the insurance check and retained the proceeds. 28. Defendant returned to plaintiff's residence at the request of plaintiff and observed one small spot in the drywall ceiling of one room of plaintiff's residence. Defendant informed plaintiff that this spot was a bleed through of a prior existing stain from the storm. 29. Plaintiff cannot prove that any of his alleged damages to the interior of the residence has been caused by the roof as installed by defendant. 30. The roof installed by defendant is not leaking. 31. Plaintiff has used the roof installed by defendant since October of 1996. 32. Plaintiff has failed to state a cause of action for which relief may be granted. 33. Plaintiff's claim is barred by the statute oflimitations. Respectfully submitted, lLO;S[ David A. Baric, Esquire ID#44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant ^""'-. -",', ~'" ',- -- 'r.f'," 'n'-'-"-' ;,~' ,- -,~'''' '" "'. \0_,0 ;'~;' .:.,-,:... 0:: -~ ~, I VERIFICATION I verifY that the statements made in the foregoing Answer And New Matter of Defendant are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~~/L Fr etopapa DATED: I,/tv / It! I * :ii , , CERTIFICATE OF SERVICE I hereby certifY that on June 26, 2000, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Answer And New Matter Of Defendant, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Leonard A. Portzline 510 South Enola Road West Fairview, Pennsylvania 17025 ~:iJ~ff. David A. Baric, Esquire .1