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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: t.;AME end "001\[55
fGARRICK, KEVIN .J. --,
1 CLEMSON DRIVE
CAMP HILL, PA 17011
L ~
VS.
DEFENDANT: . onE
NA~E &lid AD SS
~EMKE CONSTRUCTION
304 OLD STONE HOUSE RD. S
MECHANICSBURG, PA 17055
L
""ag o..t No.
09-1-01
OJ Nlme tiOIl
CHARLES A. CLEMENT, JR.
"",,,.. 1106 CARLI,SLE ROAD
CAMP HILL, PA
r-.'.
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17011
. T.~P""" (717) '.761-4940
ATTORNEy'DEF PRIVATE ':
JAMES KAYER
4 LIBERTY AVENUE
CARLISLE, PA 17013
Docket No.: CV-00004 7 4 -9 6
Date Flied: 10/03/96
THIS IS TO NOTIFY YOU THAT:
Judgment:, '
DEFAULT ,TtIDGMENT PJ.TF
"
. ~ Judgment was entered for: (Name) GARRICK, KEVIN J.
~ Judgment was entered against: (Name) LEMKE CONSTRUCTION
,?/17/QE;
in the amount of $
o Damages will be assessed on:
E;'i0 'i0 on:
(Date of Judgment)
(Date & Time)
..
.."
Amount of Judgment $
Judgment Costs $,
Interest on Judgment $
Attorney Fees" $
575.00
75.50
.00
.00
.,
,.,.., ~~
,
:0 'Thls case dismissed without prejudice.
TOTAL
$
650.50
o Levy Is stayed for _ days or 0 generally stayed.
o Objection to levy has been flied and hearing will be held:
Date:'
Piace:
Time:
.' .
I cenlfy, that this Is a tiu
0,
12-17-96
My commission expires first Monday of January, 2002 .
AOPC 315-96
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CoMMON'WIALrH 0' PINNSYlYANIA
-caUI'-O'-COMMON PllAS
NOTICE OF APPEAL
fROM
JUDICIAL DIS'IICY
DISTRICT JUSTICE JUDGMENT
---- __________~______COto\MO~~L~AI No. .,9. 7 - ,f'J QG~!.LTer~
NOTICE OF APPEAL
Notic. i. given that the appellant h,u filed in lhe abo.. COUlt of ComlTKlO Plea. on appeal from the judgment r.nder.d by lhe Di.trict Ju.tic. on the
dole and in tho co.. mentioned bel"""
NAoMi 01 AHfirANT
XIlKJ()O Lelilke Constnlction
AIiOiIfJcstAmUANT
M~1iillN6C5iNAMI~ ,
09-1-Ul- Charles Clement
DIY
Nechanicsburg(
'" ~ Lemke
TOt: ttS "UOINfV Ot: "GlNT
./J
{DoI\'ndonl
Construction
A
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lIouse I(oad So
H HE A 0-.01""" I
PA
17055
Kevin J. Garrick
CV-OU00474-96
CV 19
LT 19
Thi. block will be oigned ONLY when thi. nototion i. required und", Po. R.cPJP.
10088-
This Notice of Appeal, when received by the District Justice, will operate
SUPERSEDEAS to the judgment lor po..e..ion in thi. co...
CLAIMANT (soo Pa. R.c.P.JP. No.
1 1 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTiCE of APPEAL.
SigfJ.1turc 01 Prothonotary or Df.->ptJly
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This soction of loon to be used ONLY when appel/ant was DEFENDANT (see Pa, HC.P.J.P. No, 1001(7) in action belore Disllict Justice,
IF NOT USED. detach Irom cq>y 01 notice 01 appeal to be served upon appel/ee),
PRAECIPE, To Prothonotary
Ent", rul. upon Kev i n J. Ga r r i c k . oppellee(.). to fiI. 0 complaint in thi. appeal
N.n'I(J 01 iUJClICcf s J
IConunon Pleo. No. ~ - 10 C..J ;;, OTerlr\ ) within lwenty (20) day. alt", .",vic. 01 ule Of .ulfer entry 01 judgment 01 non pro.
RULE. To :;cvin J. GaL rick
Nimc 01 awe/Ice(s)
, appell..(.).
(I) Yoo ore notified that a rul. i. hereby ent",ed upon yoo to file 0 complaint in this appeal within twenty (20) day. oft", the dol< 01
.....ic. 01 thi. rulo upon yoo by p.nanol .",.ic. or by certified or lOgi.t",ed moiL
(2) ~ yoo do not file 0 com~loinl within thi. timo, 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) Tho dote 01 ....vice 01 thi. rule il sOf.ic. we. by moil is lhe dole 01 moiling.
Dote: .jill'\. LD~, 19:n..
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d fltrXJlu. ~"I Of 0l!pJty
N:JPC 312-84
COURT FiLE TO BE FILED WITH PROTHONOTARY
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'CompI., It..,. , 100'0( 2 IOf Njitlonll HMcu.
'eomp..ItMll3. ~'. and 4b.
.Pltnt VOW name and add".. on the tlilvwtl olIN. form to thlt wt can rllum tN.
catd 10 you.
.Attach thi. form 10 lhe front 01 the mallp.c., or on lhe bid!. H 'PICII don not
'I.
'='Retum R~pt ReqUft'~'on Ihemail~beIowthl.I1id1 nurmer,
'The Allum Rectlpl WI. thaw lo.mom Iht artld. WI' ~vered Wld the dill
cWiv..-td.
3. ArtIcle Addressed to:
Kevin Garrick
1 Clemson Drbe
Camp Hill, PA 17011
I also wlaIl to rec.lv. !he
following IIrvtces (for en
.xt" f..): i
1. 0 Al1d"....'. Add"..
2, ~ R.str1cted Dollvery
Consult postmut.r for fee. I
4.. Artlct. Numb.r
P 492 355 828
4b. S.rvlce Typ. j
o Registered 4l Certified ..
o Expr... Mall 0 Ineured 1
o Relu Receipt lor Men:lland.. 0 COD
7.0 of 0.1 'ry 11
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5. ey./ved By: (Print N_J
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!l 6. Slgnetu,,: (Addre.... or Ag.nt)
2. X
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PS Form 3811, Oec.mb.r 1994
Domestic Retum Rece pt
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'CompI., 1t1ml1 and'or 2 for addillonll MMceI.
'CompIatlItlml3. 4., and 4b.
'Prlnl your name and .dd..... on 1hI,...... of thIt form 10 lhIt we tan rwtum thI,
card to you.
'An-=tt thIt form 10 the fronlI of the 1NI1p6ece, Of on thl bad!. If IpICII dou not
.e;::!RII'um R<<>>ipt RIqUHt<<1' on the mdp6<<:l btIow the .rtlde nuni>er.
'The R.elm Receipt Wil41 thaw 10 whom the 1I1k:t. WI' delivw.d and the data
_.
3. Md. Addressed 10:
District Justice Charles Cl
1106 Carlisle Road
Clllllp Hill, PA 17011
I also wlaIl to receive the
following ..rvlces (for en
'xlr.fee):
1. 0 Add"....'. Add".. 1
2. Ii3 Restr1cted D.llv.ry ~
Consult postmastsr for f... I
48. A11IcI. NUmb.r
ment P 492 355 829 j
4b. S.rvlc. Typ.
o R.glstered [j! Certlfied ..
o Exp"ss Mall 0 Insured .&
o R.lum Receipt lor Mertllandl.. 0 COD !I
7.Dat. 10 1'2'6 i
6. Add".....s Address (On II requ.sted i
and lee Is paid) (;
5. Received By: (Print NIUI'I8)
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Domestic Return Rece pt
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof 0/ serVice MUST BE FILED WI TlilN TIN (10) DA YS AFTfR """g IllO "ollco o( .Jppe.J1 CflOCk applicable bO'os)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cllmbp,.lRnn
;..
AFFIDAVIT: I hereby swear or alltrm that I served
Ui a copy 01 the Notice 01 Appeill. Common Ple"s No 9.1:.1.Q__ , , upon the District Justice designated therein on
(daleo/somce) 1-R-q7 .19_, 0 by personal serVice Kl by IcerlHied) 1r'rf,"Jr'~ mOil. sender's
receipt ettAched hereto. end upon the nppellee, (namo)-1(pv; n r.ar.r; c.k . on
1- 8 -q 7 . 19_ _--0 by person ill serVice [1g by (eerltlted) 1-I,6.1Ji"J/mAiI. sender's receipt attached hereto
CM and further that I ser'v'ed the Rule to FlIt! il Complaint accompanYing the abolJo NotIce 01 Appeal upon theappelleo(a) 10 whom
the Rule was Addressed on -1.",&,._9.2. '_, 19___._ 0 by personill "'Tvlce iD by (cerlttled) rJrl.Jhfe/e/J)
mail, sender's receipt attactlf~d hereto
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS --2.th DAY OI':,)'UllIIlt"Y_, 19...9.L
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S'gn.lul. 0' OlfiCI/JI b6forfJ who", Mf,r.J,'/1 was nJ,tdll
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SIgna/UfO 0' alllBm
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TWe of olf,cl,1
NoI<lrjal3eaJ
g:~':J'''~ Da~PUbljC
My CommlsaJon' Ellpir., SepL~~
mbtr. ennsy Aia AsJocIiijon 01 Notaries
Mycomm.."cneYA"D,"n Sel)tember 25 19--2.2.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
CIVIL ACTION - LAW
KEVIN J. GARRICK,
Plaintiff
PHILUP C. LEMKE, tldlbla
LEMKE CONSTRUCTION
97-70 CIVIL TERM
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 attorney and filing in writing
with the Court your defenses or objections tD the claims set forth against you. You are warned
that if you fail to do SD 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 pl'Operty or other rights
impDrtant to you.
t
Court Administrator
4th Floor
Cumberland County Court House
Carlisle, PA 17013
Telephone: (717) 240-6200
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 HELP:
) ,
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. ' . -"'I~
BY:~ -1" '. '-ht'vUtA(
~ J. y~CK - Pro'Se
Plaintiff . .
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
CIVIL ACTION - LAW
!
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KEVIN J. GARRICK,
Plaintiff
PHlLUP C. LEMKE, tldIb/a
LEMKE CONSTRUCTION
97-70 CIVIL TERM
COMPLAINT
1. The Plaintiff is Kevin J. Garrick is an adult individual who resides at #1 ClemsDn
Drive, Camp Hill, Pennsylvania 17011
2. The Defendant is Phillip C. Lemke, tldIb/a Lemke Construction with an address
of 304 Old Stone House Road South, Mechanicsburg, Pennsylvania 17055.
3. On or about March 27, 1996, Defendant presented the Plaintiff with a proposal to
perfonn winter stonn damage repairs and replacing an existing bow window. A copy of said
prDposal is attached hereto and marked Exhibit "A" and made a part hereof.
4. On or about March 27, 1996, Plaintiff accepted Defendant's proposal and paid a
down payment of $1,500.00 to Defendant.
5. Also, as part of the proposal was an offer to seal primer to white ceiling tiles in the
basement and to paint which was not accepted by Plaintiff, making the total contract price between
Plaintiff and Defendant for the work proposed to be perfonned the sum of $3,341.00.
6. On or about May 23, 1996, the Defendant presented wife of Plaintiff with a bill
and requested payment. A copy of said bill is attached hereto as Exhibit "B" and made a part
hereof.
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7. On or about May 23, 1996, Plaintirrs wife paid said bill by chcck in thc sum of
$1,841.00. A copy of said check is attached hereto as Exhibit "C" and madc a part hercof.
8. Plaintiff, who was not present when his wife paid the bill, later cxamincd the work
of Defendant and noted that thcrc were deficiencies in the installation of the bow window.
9. The Defcndant did not complete the job of installing the bow window properly,
leaving unpainted wood exposcd 10 the elements and leaving the undersidc of thc window
unfinished, uncaulkcd, and unpainted with cxposure to the elcments.
10. The Plaintiff made numcrous calls 10 the Defendant and with no reply until
Plaintiff was able to reach Defendant on or about Junc 12, 1996.
11. Despite speaking with the Defcndant on June 12, 1996 about the incompletc job and
faulty workmanship, Defendant failed to provide Plaintiff with any dalc whcn Dcfcndant would
return to complete the job, and Defcndant did not rcturn 10 complcle said inslalllltion.
12. On or abut July I, 1996 whcn Defcndant failcd to contact Plaintiff or rcturn to
cDmplete the job of installing thc bow window properly, Plaintiff filcd II COlJ1plaint with Ihc Officc
of Attorney General, Bureau of Consumcr Protection. A copy of Plaintiff's COlJ1illaint is lIuached
hereto as Exhibit "D" and madc a part hcrcof.
13. On or about August 12, 1996, Plaintiff rcccived a IcUcr fromthc Auorncy Gencral
with a rcply from thc Dcfcndantto the Altorney Gcncral. Said correspondcncc is aUlIchcd hcrcto
as Exhibit "E" and madc a part hcrcof.
2
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14. Despite Plaintiffs demands to Defendant to return to properly install the bow
:::'
window, Defendant never returned to complete the proper installatiDn in a good and workmanlike
manner.
15. Despite Defendant's promises to return to complete the installation of the bow
window, Defendant failed or refused to return.
16. Defendant has breached the Agreement with Plaintiff by failing or refusing to
properly install Plaintiffs bow window in a good and workmanlike manner.
17. The Plaintiff believing that nothing further would happen on the part of the
(
,
Defendant contacted anDther contractor to finalize the work and to cause the bow window to be
properly installed.
18. Plaintiff engaged the services of another contractor who pulled out the bow window
and properly reinstalled the bow window and finished the painting and caulking work necessary
to properly install the bow window.
19. The Plaintiff paid the replacement contractor the sum of $575.00 to prDperly install
and complete the proper installation of the bow window.
20. By reason of Defendant's failure or refusal to complete the terms of Defendant's
agreement with Plaintiff to properly install the bow windDw in a good and workmanlike manner,
Plaintiff has suffered damages in the sum of $575.00.
21. The sum of $575.00 represents the necessary sum at reasonable rates to properly
install the bay window in a good and workmanlike manner.
3
22. Despite demand, Defendant has failed or refused to pay Plaintiff the sum of
$575.00 representing the damages incurred by Plaintiff as set forth hereinabove.
WHEREFORE, Plaintiff demands judgment against Defendant an in favor of Plaintiff in
the sum of $575.00 plus costs, plus interest, plus any other relief as this lIonorahle Court deems
just and appropriate, which sum is within the amount for compulsory arbitration.
Respectfully submiucd,
_/ .J .>
~I L f, L ) < I.,
Kevin J. Garrick r J'ro Se
Plaintiff
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c8NSTRUCTlON r'Mr. and Mrs. Gam C/ f t.l}
Stone House Road South 1 Clems~n Dr, 1 (1 V
MoC;hanicSburg, PA 17055 "Camp Hili, Pa.
258-3369 574-1339 ',,170.11 1129/96/ \ _. _
, rOJ../C'1 /l" ~ R~ -'1 Cj '1 ~'
We hereby submit the following specifications and estimates for:
Repairs to residence at 1 Clemson drive made necessary by winter stonn
damage. This damage was caused by ice damming and subsequent freezing and
thawing (If wet maleriall;l
To replace existing bow window unit (116. wide x 59. high )
To install an Anderson custom built unit(CW445) with 5114' jambs and with head
and seat attached.
To remove eXisting unit
To install custom made wide mouldings inside and outside to accommodate for
the smaller unit being installed.
To prime and paint two coats on the interior and exterior
To haul broken window to landfill and dispose of including dump fees.
$2876.00
To tear out 16' of plywood soffit on front of house and to replace with 3/8. ale
plywood. To prime and paint two coats entire section of soffit (24'x2').
$465.00
To apply sealing primer to white ceiling tiles in basement and to apply two coats ~I
of white latex paint. 290 sJ. $315.00 "_1.> Q..d:;'.t
WE p_ hOleby 10 ILmooh mat"",,1s and labor-comolela III ae<ordance WIll1lhaae apaal\callol '. for lha ...m ot:
THREE THOUSAND SIX HUNDRED FIFTY SIX $3656.00
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Payab~ a. follows: \~ (' (()
Aulhonzed Signalur.: " : \ 1--'.........
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ThiS proposal may be Wlthdl'8Wlllf not
accepled WIthin 15 days.
AA mltanll is guaranteed '1IPttC1ied. All work to bl done 1'1 . workmanlike mlmer ICCordng to Itandard Pf'c:ocn. Am
artlf1lDon or drMtIOf1 trom ebove lPeQ~ ~ ern COllI WlII be exeaJted ony on Vmlten orden. end theM wi
be en ertra charge over 8nd Ibove the eSDmate. All nqreementl conmqem UDDn lIb'1kn. occtcjents. or delly! beyond our
.:onQ'cl. :: ..:";=~:; .....i, ;..c. .....l.:hhJ. .JnQ oLtlef necet.s.iry ltlSUIance.
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E.XV( I"e /( A
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BILL
Phil Lemke, contractor
304 Old Stone House Road South
Mechanicsburg, PA 17055
258.3369 574-1339
FOR SERVICES RENDERED
TO: Mr. Mrs. Garrick
1 Clemson Dr.
Camp Hill, Pa. 17011
5/23/96
This is rendered only as an accommodation.
Terms are net cash and payable on presentation.
For:
Completion of storm damage repairs (window and soffit)
$3341.00
-1500.00
Balance due $1841.00
Please make checks payable to PHIL LEMKE.
THANK yOU. dJtI/tdl
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KEVIN J GARRleK
- DOROTllY B GARRleK :;. t ",~: ': \~: I
1 CLEMSON DR
CAMP HILL PA 17011.7B19
~.70
1001
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$ /8'11. ~
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INSURED MONEY FUND
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IU tfA..:JJ"..... \A...J.A..U~-:.:t
"I: i!3 B? BB ?': 3 100 to 100 3? 5 3"
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100010 ...0000 loB 1,1000,"
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THOMAS Iv. CORBETT, JR.
Attorney General
Office of Attorney General
Commonwealth of Pennsylvania
Bureau of Consumer Protection
Harrisburg Regional Office
132 Kline Village
Harrisburg, PA 17104
717-787-7109
July 23, 1996
Kevin Garrick
1 Clemson Dr.
Camp Hill, PA 17011
Ref: Lemke Construction, A96-2886
D3ar Mr. OarIick;
Your complaint has been received by the Bureau of Consumer Protection and will
be reviewed by H. Gus Dorn, To help in keeping accurate and up-to-date
records when corresponding with this office, please refer to our file number,
A96-2886,
The Bureau will attempt to resolve your complaint within a reasonable length
of time based substantially on the information you have presented to us, We
will attempt to keep you advised of significant developments as your case
progresses.
If your complaint has been settled or if you have new information that ..ould
have a bearing on your complaint, please inform our agent. We encourage you
to submit such information in writing, Due to the substantial number of cases
handled by each agent, we can handle your complaint more efficiently if your
additional information or inquiri~s are submitted in writing. If, however,
your special circumstances make telephone contact with us necessary, we will
make every effort to take your call and discusa your case with you. If you
find that it ia necesaary to meet with the agent, pleaae call or write to
schedule an appointment,
On behalf of the Office of Attorney General we thank you for bringing this
matter to our attention. We hope to he of assistance in L~801ving your
complaint.
Very truly yours,
;.."
'l ')au ..a~1 ~l.
H. Gus Dorn ,,-- ~
Agent
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5/20 thru .2,128 l.'r. Lemke installed a bow window, replacing one
damaged by snow and ice. Mr. Lemke charGed 03341.00 a,~d spent i
appro:drotely 20 hOllr3 on t:lio project,
i'y cOllplaint io (1) ~'r. Lenke did not cDr.lplete the jo;" leaving
unpainted ',vood, exp03e,1 to ~:',e elenento. (2)' ..:::'!e1'::ir]r: o.~ ',iJ.:",,:::O\,'
f i . I d I. "lC" .,. "'l ,- .. - t -"'"'1 .3 \ ~..., ~.. .. -. ... ~ ,'. .I.' .. .'Ji i. .'. .
un 111518 \1., I _.... t ..' ".." I #_ .~JI e.{po,.j 1,; ,n "'. .~ ,.' ''''.
~,"f) ,.t" '~1. '/l,~ I?O aftel' 111)r.:erc:!)s te:::",l rl?l1.:.
8~~';~:'fL.IjttJ~ .....;.t.~,~:...3d. : "~."(: l~) 'n:'itt;~:... to ilL: as!:i.:~
for: cO"1itm~nt::\s to N:len he '/Iill conplete t:l!; ~().~, h.r./~'~1
.~t 'L":'()::i"ately ;:10:1,');) 1)e1' hOll:' he has been well oaid fOi"
":lOCl~:' '~erl( >lnrl should \)e"::'eqllir~d to complete the jeli,
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Lemke Construction
304 Old Stone House Rd.
Mechanicsburg. pa 17055
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August 3. 1996
Dear Mr. Dorn:
Mr Garrick has been told that I will return to apply paint
as agreed on window stops and bottom of the window--He was told
about the current project I am working on. and I told him I would
complete his work as soon as the current pr01ect is completed.
. I would like to mention these "repairs" are of a cosmetic
'-
nature only. I checked with the manufacturers representative
from the window company concerning the underside of the the
window, and was informed the underside is made of exterior
plywood and does not require painting. I have agreed. though. to
paint this area for Mr. Garrick per his request.
As far as the accusation of price gouging is concerned. I
will be happy to go over an analysis of bid price with you.
Included in this bid price there is a labor charge of under
$400.00 to install window and trim. and to paint the window with
3 coats of paint.
_J' I have been in business in Pennsylvania for 22 years, and in
~that time. this is the first complaint received. I want to thank
you for letting me respond to your concerns.
. Now that' an official complaint has been placed. I am not
~ure how to proceed in this matter. as I am currently winding
down my project and will be done in the next several weeks. Is
there more I need to do other than the previously agreed to work
for Mr. Garrick? Will this complaint to your office come back
and be readily available to my future customers, that it may
prevent me from becoming their contractor choice? If this is the
case. Mr. Garrick has done my business harm, by his inability to
understand the fact that paint does not offer his window any
protection from leakage.
:"1 His window will be painted the first day after my present
project is completed.
Sincerely.
Philip Lemke.
Lemke Construction
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