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Home My WebLink About97-01392 ~ )0.. ~ 'Co Q. ~ d - - c'} ~ I'r) ...... , // ('00/ ~: ; . : 0: <I ! - / . o .' z' RAPP, FRATICBLLI , ULRICH BY: FREDERICK W. ULRICH, ESQUIRE 6400 Flank Drive, suite 900 Harrisburg, PA 17112 (717) 541-8990 Attorney 1.0. No. 44855 THE GOODWILL FIRE COMPANY NO.1, Plaintiff . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 97-1392 CIVIL TERM . . JAMES L. KENT, : CIVIL ACTION - LAW Defendant . . PRAECIPE TO ENTER DBFAULT JUDGMENT TO THB PROTHONOTARY, LAWRENCE B. WBLKBR z In accordance with Pa. R.C.P. No. 237.5 and related provisions, I hereby certify that I have provided the above Defendant James L. Kent, with at least ten (10) days advance notice of Plaintiff's intention of enter a default judgment. (A true and correct copy of Plaintiff's Complaint marked and attached hereto as Exhibit "A", a true and correct copy of Plaintiff's September 5, 1997 letter to prothonotary of Cumberland County and domestic mail returned receipt No. P 170 650 799 to Defendant marked and attached as Exhibit "B", a true and correct copy of the Plaintiff's October 2, 1997 letter to Defendant and domestic mail returned receipt No. P 199 807 275 to Defendant marked and attached as Exhibit "C", and a true and correct copy of Plaintiff's October 2, 1997 advance notice of Defendant marked and attached as Exhibit "0", respectively.) Based on the documents filed of record with this EXHIBIT A 6. Construction of the roof was completed in May of 1995. 7. Shortly after the roof was installed, the Plaintiff began to experience water leakage problems. 8. During January and February of 1996, the Plaintiff experienced severe water damage to the interior portion of its building, which resulted in approximately $10,441.12 damage. 9. The cost of replacing the roof is $30,890. COUNT I BREACH OF CONTRACT 10. Paragraphs 1 through 9 are incorporated by reference as if more fully set forth herein. 11. Defendant, James L. Kent, materially breached his roofing contract with Plaintiff, The Goodwill Fire Company NO.1, by: a. Failing to install the roof in accordance with manufacturer's specifications; b.. Failing to install the roof in a professional and workmanlike manner; c. Failing to perform the roofing work according to standard roofing practices; d. Failing to adequately supervise the installation of the roof; and e. Performing the roofing work in negligent, careless and/or reckless manner, so as to cause property damage and inconvenience to The Goodwill Fire Company No.1. WHEREFORE, as a direct result of Defendant, James L. Kent's, breach of his contract with Plaintiff, The Goodwill Fire Company No.1, the Defendant is liable for property damage and the installation of a new roof in the amount of $41,331.12. 2 /- COUNT II NEGLIGENCE 12. Paragraphs 1 through 11 are incorporated by reference as if more fully set forth herein. 13. The damages sustained by Plaintiff, The Goodwill Fire Company No. 1 were the direct result of the negligence, carelessness and/or recklessness as follows: a. Failing to install the roof in accordance with manufacturer's specifications; b. Failing to fasten the recovery board with a mechanical fastner every two square feet; c. Failing to ensure that the rubber portion of the roof had adhered to the walls; d. Failing to remove the existing pipe flashings prior to reflashing; e. Failing to perform flashing on all the corners, pipes, and through all scuppers in accordance with manufacturer's specifications; f. Failing to ensure that there were no loose seams in the rubber; g. Failing to perform the roof installation in a professional and workmanlike manner; h. Failing to ensure that the roof did not leak and cause water damage; and i. Failing to adequately supervise the roof installation. WHEREFORE, as a direct result of Defendant, James L. Kent's, breach of his contract with Plaintiff, The Goodwill Fire Company No.1, the Defendant is liable for the negligence, carelessness and recklessness of Plaintiff, The Goodwill Fire Company No.1, and the Plaintiff is entitled to damages in the amount of $41,331.12. 3 COUNT III BREACH OF WARRANTY 14. Paragraphs 1 through 13 are incorporated by reference as if more fully set forth herein. 15. The roofing contract between plaintiff, The Goodwill Fire Company No.1, and Defendant, James L. Kent, provides, inter alia, for a twenty (20) year warranty. ~ [Exhibit "A", Contract dated January 15, 1995]. 16. The failure of the Plaintiff to install a roof that did not leak and which caused property damage constitutes a breach of the applicable warranty. WHEREFORE, as a direct result of Defendant, James L. Kent's, breach of his contract with Plaintiff, The Goodwill Fire company No.1, the Defendant is liable for a breach of warranty of plaintiff, The Goodwill Fire Company No.1, and the Plaintiff is entitled to damages in the amount of $41,331.12. Respectfully submitted, RAPP, FRATICELLI , ULRICH tu /l-----J 4 EXHIBIT B EXHIBIT C EXHIBIT D r r RAPP, rRATICILLI , ULRICH BY: FREDERICK W. ULRICH, ESQUIRE 6400 Flank Drive, suite 900 Harrisburq, PA 17112 (717) 541-8990 Attorney I.D. No. 44855 THE GOODWILL FIRE COMPANY NO.1, Plaint!!f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1392 CIVIL TERM CIVIL ACTION - LAW v. JAMES L. KENT, Defendant TOI DEFENDANT JAMBS L. KENT DATB or NOTICBI October 2, 1997 l:KPORTANT ~DVANCE NOTl:CE or l:HTENTl:ON TO ENTER JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADHINISTRATOR CUMBERLAND COtnfTY COURTHOUSB 4TH FLOOR CARLISLB, PA 17013 (717) 240-6200 .:/"71/ (U!..- tRBDERICK W. ULRICH, BSQUl:RB (Attorney for Plaintiff, ',._ The Goodwill Fire Company No.1) J ... J p .g 0 .... .., o' \", '''; ,. ,.. .. "- i <:::>~ .,. ~ t;:, ,::- UJr: C), f": ~ '. ~\:' L..:..;'" ~~-" ,- l!.. <..:, Po ~~ .... ''I o , d '0 lr. ~:.; );-.~ ., .. '., c.. : :--.J :(:1 co c.: ,.::: " ;:'J ~ 11 w.. ::5 u 1,,"-... :.:.: I- y""', 6. Construction of the roof was completed in May of 1995. 7. Shortly after the roof was installed, the Plaintiff began to experience water leakage problems. 8. During January and February of 1996, the Plaintiff experienced severe water damage to the interior portion of its building, which resulted in approximately $10,441.12 damage. 9. The cost of replacing the roof is $30,890. COUNT I BREACH OP CONTRACT 10. Paragraphs 1 through 9 are incorporated by reference as if more fully set forth herein. 11. Defendant, James L. Kent, materially breached his roofing contract with Plaintiff, The Goodwill Fire Company No.1, by: a. Failing to install the roof in accordance with manufacturer's specifications; b. Failing to install the roof in a professional and workmanlike manner; c. Failing to perform the roofing work according to standard roofing practices; d. Failing to adequately supervise the installation of the roof; and e. Performing the roofing work in negligent, careless and/or reckless manner, so as to cause property damage and inconvenience to The Goodwill Fire Company No.1. WHEREFORE, as a direct result of Defendant, James L. Kent's, breach of his contract with Plaintiff, The Goodwill Fire Company No.1, the Defendant is liable for property damage and the installation of a new roof in the amount of $41,331.12. 2 COUNT II NBGLIGBNCB 12. Paragraphs 1 through 11 are incorporated by reference as if more fully set forth herein. 13. The damages sustained by Plaintiff, The Goodwill Fire Company No. 1 were the direct result of the negligence, carelessness and/or recklessness as follows: a. Failing to install the roof in accordance with manufacturer's specifications; b. Failing to fasten the recovery board with a mechanical fastner every two square feet; c. Failing to ensure that the rubber portion of the roof had adhered to the walls; d. Failing to remove the existing pipe flashings prior to reflashing; e. Failing to perform flashing on all the corners, pipes, and through all scuppers in accordance with manufacturer's specifications; f. Failing to ensure that there were no loose seams in the rubber; g. Failing to perform the roof installation in a professional and workmanlike manner; h. Failing to ensure that the roof did not leak and cause water damage; and i. Failing to adequately supervise the roof installation. WHEREFORE, as a direct result of Defendant, James L. Kent's, breach of his contract with Plaintiff, The Goodwill Fire Company No.1, the Defendant is liable for the negligence, carelessness and recklessness of Plaintiff, The Goodwill Fire Company No.1, and the Plaintiff is entitled to damages in the amount of $41,331.12. 3 " Exhibit A -.g ~ --- ~~JV~ ~L~ ~ ,70).S"-IJJY PROPOSAL SUBMITTED TO: :':JJ.J~ <V~ ~L&. STAEE4?D ~~&~_ (- PROPOSAL I'.lge No. ( f~ ~ tL. Y~o:.: ~_ ME . 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