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HomeMy WebLinkAbout97-00625 (J ~~ "R -/-.. ~ U ~ ~ ~ ~ \J ~ W ~ C) .;: 'l\. ~ J (' '~ >-.. +- " u ~ ~ j o ~ r .... ,~ - . , .':) - '-J ~ / PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (TI1/s prool of sorvlce MUSr BE FILED WIHI/N rEN! TO) DA ~'.s AF rEn flllflg OlU rlof/co of llppu"/. Chock dppl,Cublu bOIlDS) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; II AFFIDAVIT: I horeby swear or n'''rm thnll served )Qj II copy ollhc Notica of Appeal, Common Ploas No , upon the Dlstnct JuSIICO designated therein on (da,e 01 sor.,ce) February , 19R-. 0 by porsonal service ~ by (cerllllod) (roglstered) mOil, sender's receiptollached horeto, ond upon the oppellee, (namo) Dougherty Home Improvement ,on Februarv , 19R-o by personal ser"ce [1S by (cerulled) (regIStered) mall, sender's receipt allnched hereto lOl: and lurther that I served the Rule to Fllo a Complalllt accompanYing thenbove Notico 01 Appeal upon tho appellee(S) towhom the Rule wns addressed on February , 19..!?..... 0 by personal service 181 by (certified) (reglslered) mall. sendor's receipt attached hereto SWORN (AFFIRMED) ANO SUBSCRIBEO BEFORE ME THIS DAY OF February ,19.2L Signature 01 aff,.nt S,gnll/ut. of olf'C/lI' belor8 whom all'dart' W/.lS made T,lle o'oll,clal My commiSSion expires on ,19_, n r ~Ir ~ l \ \ . I' /C" '" :: l) :::> t' J ~1 · ~ ..c ') ;~' ~\ '" ''1 t' , 1 :: I ,.(1 r I .. .J , , " " ) 'I '" ~-97_ 04:32P Richard Rabgrts 71/- b40 - 1 ~ II .....u.c: COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: HAM' Md """"".. rooUGHERTY HOME IMPROVEMENT i 18 HUMMEL AVENUE CAMP HILL, PA 17011 L ~ Meo c... ~o . 09-1-01 OJ N&rM: HOII. CHARLES A. CLEMENT, JR. ~. 1106 CARLISLE ROAD CAMP HILL, PA r_; (717) 761-4940 17011 VB, OEFENOo\NT; r.; N.lUEMcI~ ROBERTS HOMES, INC. 4400 LINGLESTOWN ROAD HARRISBURG, PA 17112 L ROBERTS HOMES, INC. 4400 LINGLESTOWN ROAD HARRISBURG, PA 17112 Docket No,: CV-000053S-96 Dale Flied; 10/30/96 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF 00 Judgment was entered for: (Name) DOUGHERTY HOME IMPROVEMENT 00 Judgment was ernered against: (Name) ROBERTS HOMES. INC. In the amount 01 $ (Dale 01 Judgment) (Date & TIme) 1/17/q7 ] ,ql,o:;n on: o Damages will be assessed on; o This case dismissed without prejudice. Amount 01 Judgment $ Judgment Costs $ Interest on Judgment S Attorney Fees S 3.205.00 88.50 .00 .00 TOTAL $ 3.293.50 o Levy is stayed lor _ days or 0 generally stayed, o Objection to levy has been filed and hearing will be held: Date; PlaCe: TIme: ANY PAR'N HAS THE RIGHT TO 4PPEAL WITHIN 30 DAYS AFTeR THE ENTRY OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLeRK OF COURTS OF THE COURT OF CQMMOH~S, CIVIL DIVISION, YOU MUST INCLUDE A cDf\ Of THIS N}?TlCE?'I J G,IPT ORM ITH ~1,"i.~OTICE OF APPI!AL. 1-17-97 Date ~ L-t. .,Qlstrfct.JUSllce nt 'nin~~;u~gm~nt, I certify that this is a tru~'}forrect ~~ 01 1-17-97 Date~ .~ ,-&'Istrict Justice " :.5EAL My commission a.pires first Monday of January, 2002 , AOPC 31 5-00 ~ .' 1. " i .J I, . ~ I' t ,,}:' :'...,1 .--. ~ 'C PROOF OF SERVICE OF NOTtCE OF APPEAL AND RULE TO FILE COMPLAINT (This proof 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER Wmg Ihe no lice 01 eppeal. Check applicable bOxes) COIlIlQNViEALTH OF PENNSYLVANIA jJ COUNTY OF C', ,'I' f~ " ;11 AFFIDAVIT: I hereby swear or elflrnfthat I served g}ca copy 01 the Notice 01 Appe~l, Common Pleas No, 97-625 ,upon the Oislrlct Justice designated therein on 'i' (da,'e, 01 sorvic,1 Februarv 10, 19.21..-, 0 b)' personal servlceQ!l by (certllled)(reglstered) mail, sender's , receipt attached hereto, and upon the appellee, (name) Douahertv Home Improvement ,on " ' Februarv 10 ,19 97n by personalserviCeOby (certihed) (registered) mall. sender'a receipt attached nereto, Oand !urthe. that I served the Rule to File a Complaint accompanying the bove Notice 01 A al upon the appellee,s) to whom the Rule wasaddrened on February 10 ,19~ ~y erson Is vica by (certlhed) (registered) mall, sender'a recoipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 10th DAY OF February, 19J!L. Tm. of olfiel" KalN8Il'I 0, Snyder, Nolary Public IIDttrn I June 9, 2000 Z 17& 424 354 Receipt for Certified Mail No Insurance CoverBQe PrOVIded Do not use tOf International Mail (See Reversel ~Dj &~rle~i~: ~Pe' ~ .c'I""'I".,I',,, I! 11 06 Carlisle R a :! I' f) '.1.,'" .,,,,1 /'1' i <,,,,., e Cam Hill PA o h",','<I' CD .., E r."".,!I" o U. '~,. '.\ . ;''''.'''. 1,_, l/l '" ".-.<' ., ,', ,.,;.., , .'1. 17 $ 3;), I./C fl...."" !I~I t,., ..... I,... 1''''.,''' f-I'~'-'I'" ',,,... "'. 110 . :,'" ..:,," "..,.",,' ". ',..... ., .. ." .'~ .,\.. I'. .-, ,'1,' Slgn,'ur. 01 ./II.nl .:....,<' . .b.1 Z 17& 424 335 ~ Receipt for Certified Mail No Insurance Coverage PrOVided ~ 00 not use for International Mail tSee Reversel g ~e"lh; ~ 0 1! "'",.... J'"I tl,) ~ Home 1m rove men enue e o 1'<,..'".;. CD .., ~ o u. l/l '" ,..'-1.,-:;'" .;"., ..","'."" I',.,.....'..lll>'...".',.. or,...... 1,~,.',. . . ,..... . 110 ,., ..,', ".,.' ".., .. j' .'.' , CHARLES DOUGHERTY, t/d/b/a DOUGHERTY HOME IMPROVEMENT, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. . . . . . . . . . . NO. 97-625 CIVIL TERM CIVIL ACTION - LAW ROBERT HOMES, INC., Defendant NOTICE YOU BAVB BBBH SUED IH 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 to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAXE 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 CUmberland County Courthouse, 4th Floor One Courthouse square Carlisle, PA 17013-3387 (717) 240-6200 CHARLES DOUGHERTY, t/d/b/a DOUGHERTY HOKE IMPROVEMENT, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . v. CIVIL ACTION - LAW ROBERT HOKES, INC., Defendant NO. 97-625 CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff by and through his attorneys, Smigel, Anderson & Sacks, and in support of this Complaint avers the following: 1. Plaintiff Charles Dougherty is a sole proprietorship in the home improvement business trading as Dougherty Homes Improvement with an address and residence at 18 Hummel Avenue, Camp Hill, Pennsylvania 17011. 2. Defendant Robert Homes, Inc. is a corporation with principal offices located at 4400 Linglestown Road, Harrisburg, Pennsylvania 17112. 3. On or about August 6, 1996, Dick Roberts, an authorized agent of Roberts Homes, Inc. and Plaintiff entered into an oral contract for Plaintiff's construction of a deck at a home in Mount Holly Springs, cumberland County, Pennsylvania. The material terms of the contract were that the Plaintiff would construct the deck in exchange for payment of One Thousand ($1,000.00) Dollars. 4. On or about August 13, 1996, Dick Roberts, an authorized agent of Roberts Homes, Inc. and Plaintiff entered into an oral contract for Plaintiff's rough framing of a house in West Hanover Township. The material terms of that contract were that the Plaintiff would perform rough framing of the house in West Hanover Township in exchange for payment of Four Thousand ($4,000.00) Dollars. 5. plaintiff completed the deck in a reasonable and workmanlike manner. Despite repeated demands, plaintiff has not been paid the One Thousand ($1,000.00) Dollars due and owing for the deck. 6. plaintiff substantially completed the rough framing of the house in West Hanover Township. prior to full completion Defendant, without just cause, terminated the contract. plaintiff is entitled to the fair value for services rendered and said fair value is claimed to be Three Thousand ($3,000.00) Dollars. 7. On or about August 27, 1996, plaintiff sent Defendant a bill for work on both the deck and the house. said bill reflecting One Thousand ($1,000.00) Dollars due and owing for the deck and Three Thousand ($3,000.00) Dollars due and owing for the house. 8. On or about September 26, 1996, Defendant paid to plaintiff the amount of One Hundred Seventy-Four ($174.00) Dollars. 9. Despite repeated requests, Defendant has refused to pay plaintiff the balance due on the contract, said balance being Three Thousand Eight Hundred Twenty-Six ($3,826.00) Dollars. WHEREFORE, plaintiff respectfullY requests that judgment be entered against Defendant in the amount of Three Thousand Eight Hundred Twenty- six ($3,826.00) Dollars, plus interest and costs of suit. Respectfully submitted, SMIGEL, ANDERSON & SACKS , ') ----.. ,.,,- /- ~ By: / \' '\(u John w. Frbmmer, ~squire 2917 Nortl'\ Front .'street Harrisburg\ PA 17110-1223 (717) 234-2401 Attorney for plaintiff Ji VBRUICATIOII tt I I , I, Charles Dougherty, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. Date: 2.. 2}' 't7 (".4,/, f ~M~ Charles Dougherty CHARLES DOUGHERTY. tJd/b/a, DOUGHERTY HOME IMPROVEMENTS : Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v, CIVIL ACTION - LAW RICHARD J. ROBERTS, INC,. Defendant DOCKET NUMBER: 97-625 CIVIL TERM ANSWER WITH NEW MA TIER AND COUNTERCLAIM TO PLAINTIFFS COMPLAINT AND NOW, COMES the Defendant by and through their attomeys, Shumaker Williams, P,C, and in support thereof state as follows: \, Admitted upon infonnation and belief. 2, Admitted, 3, Admitted in part and denied in part, It is admitted that Plaintiff and Defendant entered into an oral contract for the construction of a deck at a home in Mt. Holly Springs, Cumberland County, Pennsylvania, It is specifically denied that the material tenns of the contract were that Plaintiff would construct the deck in exchange for payment of One Thousand Dollars ($1,000.00) and strict proof to the contrary is demanded lit the time of trial. 4, Admitted in part and denied in part, It is admitted the Defendant entered into an oral contract for Plaintiff's rough framing of a house in West Hanover Township, It is specifically denied that the materialtenns of the contract were that Plaintiff would perfonn the framing on the house in West Hanover Township in exchange for the payment of Four Thousand Dollars ($4,000,00) and strict proof to the contrary is demanded at the time of trial. 5, Denied. It is specifically denied that Plaintifi' completed the deck in a reasonable workman like manner and that after repeated demands, PlaintifT has not been paid the amount of One Thousand Dollars ($\,000,00) due and owing for the debt and strict proof to the contrary is demanded at the time of trial. 6. Denied, The allegations of this paragraph arc specifically denied and strict proof to the contrary is demanded at the time of trial. 7, Admitted in part and denied in part, It is admitted that on or about August 27, 1996 Plaintiff forwarded Defendant a bill for work allegedly completed. However, based upon Defendant's work and his breach of the parties agreement, it is specifically denied that any amounts arc due and owing to Plaintiff, 8, Admitted, 9, Admitted in part and denied in part. It is admitted that repeated requests have been made upon Defendant for payment of an alleged balance due, \t is specifically denied however, that any balance is due and owing on said contract. WHEREFORE. Defendant respectfully requests that judgment be entered in their favor and against Plaintiff together with any additional relief which this court deems appropriate, NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT 10, Paragraphs \ through 9 arc incorporated herein by reference as it set out in full. \\, Plaintiff. as part of their obligation for the home located in West Hanover Township, was to provide competent labor, supplies and material necessary to complete this project on a timely basis, 12. Plaintiff failed to provide enough labor neeessary to complete the project in a timely fashion, Further, Plaintiff failed to complete the project in a good and workman like manner, 13. Defendant provided Plaintiff with ample opportunity to correct deficiencies and to cure the breach ofthcir oral agreement and complete the project in a timely fashion, Based upon Plaintiffs breach of the parties oral agreement, Defendant was forced to extend the following sums in order to complete the framing and the deck work: (a) payment to Clouse & Plasterer in the amount of Seven Hundred Fifteen Dollars ($715,00); (b) a payment to Terry Faust Construction in the amount of Two Thousand Eight Hundred Ten Dollars ($2,810.00); (c) a payment to Donald Pitts in the amount of Five Hundred Dollars ($500,00); (d) a payment to Chris Elaine in the amount of Four Hundred Seventy Five Dollars ($475,00); (e) a payment to Tim Weldon in the amount of Nine Hundred Seventy Two Dollars and 25/100 ($972,25); (I) a payment to John Bollinger in the amount of Nine Hundred Thirty Dollars and 98/100 ($930,98); · The total of (a) through (I) is $6,403,23, 14, After deducting the amount allegedly owed Plaintiff for the rough framing and the deekjob, Four Thousand Dollars ($4,000,00), with the amounts listed in Paragraph 13 (a) (" .D n -I ,.;, ,- , ",' .., .:1 l J ~ 11 , .J , . :n '. ,.'1 " -,1 .,:-) l'n - .. - '.q ,.> .... CHARLES DOUGHERTY, t/d/b/a DOUGHERTY HOME IMPROVEMENTS, plaintiff . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. . . NO. 97-625 - CIVIL TERM : RICHARD J. ROBERTS, INC., Defendant . . . . CIVIL ACTION - LAW REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM 10. Paragraphs 1 through 9 of the Complaint are incorporated herein by reference. 11. Admitted in part and denied in part. It is admitted that Plaintiff was required to provide labor, supplies and material to complete the proj ect. The scope of the project was defined by an agreement between the parties. The Defendant was, however, to supply and pay for a crane required to perform construction. 12. Denied. Plaintiff had adequate labor and was ready, willing and able to perform. Defendant's failure to supply a crane as agreed to was the cause for delay. 13. Denied. By W3Y of further reply, Plaintiff is without sufficient information to form an opinion as to the truth or falsity of the averments regarding additional expenses. Moreover, Defendant is not legally entitled to these additional expenses because it was the Defendant who failed to satisfy contract requirements. 14. Denied. It is denied that this accounting is correct or that the Defendant is entitled to the acount claimed. Proof thereof is demanded.