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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. [){)()O ~ 't3()!j <-, v; I
NOTICE OF APPEAL Ab v. ~ q, JooO
Notice is given that the appellant has filed in the abave Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case men~oned bel"",
MAG. D1ST. NO. OR NAME OF D.J. G -e\'~f
':.:, A, '1AE: R.
170 r-t> ZP coo,
(Defendant)
Lc)0 bf A-".K.~
HIS ATTORNEY OR AGENT
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This block will be signed ONLY when this noto~on is required under Po. R.CP J. . No.
10088-
This Notice of Appeal, when received by the District Jus~ce, will operote as a
SUPERSEDEAS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
If appellant was CAlMANT (see Pa. R.CP.JP. No.
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.CP.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 Pro~
Enter rule upon ~ ~O) fT0
Name of appellee(s)
, appellee(s), to file a complaint in this appeal
(Cammon Pleas No. 9{)(X) - '83:19
RULE: Toj ~'~~~I~\~
Name of appel/f3e(s)
) within twenty (20)~,days after ser' Of,:ule or suffer entry ,,!f judgment of non pros.
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~ Signature of appeHant or his attomey or agent
, appellee(s).
(1) You are no~fied that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you, by pefSl\OOl, service or by certified or registered mail
(2) If you do not file a coinplaint'w'ithin this time, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
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N:)PC 312-84
COURT FILE TO BE FILED WITH PROTHONOTARY
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F'R()Of OF SERVICE OF NOTICE OF' APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER IlIIng the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PEIIINSYlcW\NIA
COUNTY Ol'___,___~_.
is<
AFFIDAVIT: I h,,~reby swear or affirm that i served
o a ccpy cf the Notice 01 Appeal, Common Pleas No. , upon the District Justice designated thmein on
"date of service) , 0 by personal service 0 by (certified) (registered) mail. sender's
-ecaipt attaChed hereto, and upon the appeilee, (name) , on
_,______ , 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto.
o and tUlther that I served the Rule te- File a Complaint accompanying the above Notice ot Appeal upon the appellee(s) to whom
the Rule was addressed on ___________, 19_ 0 by personal service 0 by (certified) (registered)
mail, sender's receipt attached flereto,
SWORN (AFFIRMED) AND SUBSCRIBED BEmRE MI~
THIS .___,_,___ DAY OF _
.,19_____
Signature of <ltliam
Sionalure of offici".! belor!} ii/horn I:llfld,wit was ma,fa
nlle of officfaf
My commi$<,ion nxpires on ,________ , 19__
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
;
/)000 _8'3;'9
NOTICE OF JUDGMENTITRANSCR1PT
CIVIL CASE
Mag. Dist. No.:
09-1-01
PLAINTIFF: NAME and ADDRESS
IGRDJAN, JUDY
613 HUMMEL AVE
LEMOYNE, PA 17043
I
DJ Name; Hon.
CHARLES A. CLEMENT, JR.
Add"" 1106 'CARLISLE ROAD
CAMP HILL, PA
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T",ph'oo (717) 761-4940 17011
DEFENDANT,
'BIANCHI, LEN
6280 CARLISLE PIKE
PO BOX 7102
~CHANICSBURG, PA 17055
VS.
NAME and ADDRESS
I
LEN BIANCHI
6280 CARLISLE PIKE
PO BOX 7102
MECHANICSBURG. PA 17055
Docket No.: CV- 0000509 - 00
Date Filed: 9/11/00
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nits IS TO NOTIFY YOU THAT:
Judgment:
[!] Judgment was entered for: (Name)
[!] Judgment was entered against: (Name)
FOR PLATNTIFF
li'Rn;tllN;rrmv
.
RTAN~HT. T.RIIl
in the amount of $
1 . R02 00 on:
.
(Date of Judgment)
11/22/00
. .
D Defendants are jointly and severally liable.
D Damages will be assessed on:
D This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 3.435.00
$ 67.00
$ .00
$ 300.00
$ 3,802.00
D Amount of Judgment Subject to
AttachmenVAct 5 of 1996 $
Post Judgment Credits
Post Judgment Costs
$
$
o Levy is stayed for
days or 0 generally stayed.
------------
------------
o Objection to ievy has been filed and hearing will be heid:
Certified Judgment Total $
-
Date:
Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYfCLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
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MU:~.IN.f~UDE, AJ~~; O~ THI 01: CE OF JUDGMENTlTR~N C IP I RMWITH YOUR NOTICE OF APPEAL
.111.'}Al?QCII)'.Date'" ,
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j c~rtify that this is alruEj and correct copy of the record of the proceedings containing the'
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Date.' : , District Justice
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My com~fssIJ~ e~~ire~ first Monday of January,
AOPC 315,99
2002
SEAL
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COMMONWEALTH OF PENNSYLVANIA ' NOTICE OF APPEAL
COURT OF COMMON ,PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
Coto\MONPLEASN... {)OOO.- r:3a9 <., v' I
NOTICE OF APPE,AL /'I..h v . d. (I ;too 0
Notice is given that theappeU9nlhas filed in; the ,above Court of Camman ,Pl.qs "n appeal from the judgment rendered by the District Justice an the
dale and in the case mentiOned bel~ "
NAME OF A~
G.!~\ t; IA- t-JcJ:+-i
OF APPE~_
y, 0 ''{/O"f- -7;>-0 \
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MAG. DIS! NO OR ~ME OF 'OJ. .
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Ply n ST~TE~l. 'I' ZP CODE
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CV 12 C;:>C::C>O 5t:> 9-00
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This black Will be ~ghedONLY when this r;alatian is required under Pc. R.c.PJP. No.
1008B.
This Notice of Appeal, when receive!! by the, District Justice, will aperale as a
SUPERSEDEAS'1a the iO<:lgment.!6r possessibil in this case.
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~GNA,~RE OF .__~"~ OR HIS ATT~NEY OR AGENT
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Slgnatu"l of Prothonotary or Deputy
If appellant was CLAIMANT' (see Pa. R.CP.JP. No.
I, ' ,
1001 (6) in action before, District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APp,EAL.
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rpR~~C:IPETO\ENlE!l'IU"LE TO' FILE COMPLAINT AND ,RULE TO 'FlU
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(This section of form to be used ONLY when appellant waS'DfFENf)ANT (see Pa. R.C.P.J.P. No. 1001(7) in actiOn before District Justice.
IF NOT USED, detach from C9PY of notice of appeal to, be served upon appellee).
PRAECIP"E: Toprat~"'Y"'," '")
Enter rule upan ~.) <-( Gk-O) PrW
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(Cammon Pleas ,No. ,i){)Ci:;J, - 8"3;;19
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RULE: To -~ .l.."" l.~, 1 i ,t~
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(1) You<!re notilied~" ..:,,',..'i1o, r,u,le"", is h, ere, by entered upon you Ia file 0 comploint in this appeol within twenty (20) ~ays after the dale of
service of this rule u~~", ~~' " " :. ~~I ~ervice or by c~ified or reg"istered maiL , '
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(2) If you j~~I!jiIl;~~;(J.:;~~\I~~.:hiS time, a JUDGMENT OF NON PROS WILL, BE ENTERED AGAINSTY~U:, ' .
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(3) T~~~f ~~e'afIJiis rule"{ ~5e was by mail is the dale of mailing.
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COURT FILE'
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAiNT
(This pmof of service MUST BE FILED WiTHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes)
COIIM')NWEALTtl OF '~l!NI4SYI.\lAN'A
o a copy O'f the Notice of ,l\ppeai, Common P!eas No, , upon the District Justice designated the-rein on
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o and ful'ther that j served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
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SWORN .~FFIFlIvtED) ,'IND SUBSCRIBED BEFORE ME 'P-:-~ / ,/] " :%
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JUDY GRDJAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 2000-8329 CIVIL TERM
LEN BIANCHI,
Defendant
CIVIL ACTION
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 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 cOIDplaint or for any other claim or relief
requested by the plaintiff. You may loose 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,
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
,
"
JUDY GRDJAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV1WIA
V.
NO. 2000-8329 CIVIL TERM
LEN BIANCHI,
Defendant
CIVIL ACTION
COMPLAINT
AND NOW comes the Plaintiff, Judy Grdjan, by and through her
attorney, Thomas D. Gould, and files this complaint and avers.
1. Plaintiff, Judy Grdj an, is an adult individual who
resides at 613 Hummel Avenue, Lemoyne, Cumberland County,
Pennsylvania.
2. Defendant, Len Bianchi, is an adult individual whose last
known address is 6280 Carlisle Pike, P.O. Box 7102, Mechanicsburg,
Cumberland County, Pennsylvania,
3. At all times relevant to this complaint, plaintiff was
the owner of that certain part or parcel of land known and numbered
as 613 Hummel Avenue, Lemoyne, Pennsylvania.
4. On or about April 17, 2000 defendant and plaintiff
entered into a contract whereby defendant was to perform work on
plaintiff's property. The contract is attached as exhibit A.
5. The proposed contracted price for the work was $2,870.00.
6. The work was to be completed within 2-3 weeks.
7. Plaintiff paid defendant $1,487.00 on April 24, 2000.
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8. On or about May 5, 2000 the parties agreed that defendant
would build a fence at a cost of approximately $1,395.00.
9. On May 5, 2000 defendant demanded and plaintiff paid
defendant $900.00 as a down payment towards the fence.
10. On May 10, 2000 defendant demanded and plaintiff paid him
$600.00 to be applied toward the initial contracted work,
11. Throughout the next month defendant promised plaintiff
that he would complete the contracted work.
12. In June 2000, plaintiff advised defendant that she was
dissatisfied with his work and that he was not to construct the
fence.
13. In June 2000 plaintiff demanded that defendant return her
$900.00 deposit for the proposed work on the fence.
14. Defendant perform no work on the proposed fence.
15. After numerous demands, including a demand from
plaintiff's attorney, defendant refused to return plaintiff's
$900.00 deposit on the proposed fence.
16. The defendant's work was not completed in a professional
and workmanlike manner.
17. On July 11, 2000 plaintiff's attorney sent defendant a
letter advising him to cease all work on the project. A copy of
the attorney's letter is attached as exhibit B.
18. In an undated letter, the defendant responded to
plaintiff's attorney's letter. A copy of the defendant's letter is
attached as exhibit C.
"
19. On July 26, 2000 plaintiff's attorney responded to the
defendant's letter. A copy of plaintiff's attorney's letter is
attached as exhibit D.
20, The defendant as of July 11, 2000, the date that he was
advised to cease work, had not completed:
a. The rubber roof
b. The siding on the porch and second floor.
c. The kitchen ceiling
d. Removal of the old siding from the second floor
e. The front porch drip caps & molding
f. The repair of the damage to neighbor's property
g. Proper footing/support for the back porch floor
h. The proper installation of the back storm door.
i. ~he proper insulation of the underside of porch
21. The work on the project was not done in a professional
manner.
22. Plaintiff obtained cost estimates from three independent
home remolding contractors to complete the contracted work,
23. The least expensive estimate to complete the work was
submitted by First Call at a cost of $2,595.00.
24. The defendant did, not complete the project in the
anticipated time frame of 2-3 weeks.
25. The defendant gave plaintiff numerous explanations for
the delays.
26. The delays were not the fault of the plaintiff.
"
27. After nearly three months the project was not completed.
28. Defendant was aware of plaintiff's dissatisfaction with
his lack of due diligence in completing the project.
29. Defendant was unable to complete the project in a timely
manner through no fault of the plaintiff.
30. Defendant breached the contract by not completing the
project in a timely and professional manner.
WHEREFORE, plaintiff demands judgment against the defendant in
the amount of $3,495,00($2,595.00 + $900.00), plus costs of $67.00,
plus interest and such other relief that is proper and just.
Respectfully,
~Q4P. ):j,e4
Thomas D. Gould
ID # 36508
Attorney For Plaintiff
2 East Main Street
Shiremanstown, PA l7011
(717) 731-1461
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VERIFICATION
I, Judy Grdjan, hereby certify that the foregoing Complaint is
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, Section 4904 relating to unsworn
falsification to authorities.
DATED: i.Ou.vm fuA c2 7. ~
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LEN BIANCHI
Remodeling for over 40 years
SERVING EASTERNPA. And NEW JERSEY
.717-796-7790
PROPOSAL/AGREEMENT
DATE:Monday, April 17, 2000
Lie. # 23322-1
Ted & Judy Grdjan
613 Hummel Ave
Leymoyne, Pa.
731-8931
RE: Repair rear porch
We will remove existing windows on rear porch.
We will temp. Support existing roof.
We will jack frame up.
We will install new floor beam.
We will insulate the open floor area.
We will install % T &G flooring over existing floor
We will replace sidewall and rear wall framing and sheath with 7/16 in. wafer board.
We will install 3 white vinyl windows.
We will side with vinyl siding two new walls over 151b felt.
We will remove tar / roof type siding from rear ~!lcond floor walL
We will reside 2nd floor wall with white vinyl siding over 15 lb. Felt.
We will install a new (unpainted) rear door. (New hardware optional at an additional cost).
We will install a rubber roof over the existing porch roof.
TOTAL COST FOR ALL LABOR AND MATERIALS $2,174.00
Half down at signing $1,137.50
When wall is removed and beam (only) replaced a payment of$600.00 is due.
Balance of $537.50 due upon completion. <'
EXTRA'S
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Ear cancellation or with drawl is subject to 100% contract penalties
Agreed to by
We thank you for allowing us to work for you. If you have any problems with something we've done,
please call it to our attention as soon as possible so we can make it right. After all... we are not yet
perfect!
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1-717-796-7790
U:N BlANCH!
ReJ1lat1eH;zg handyman/or more thall 45 years
Mechanicshurg, Pa
Lic.# -.:JJ:l~- f
17055
THANKS for choosing us to work for you. [n order to make vour remodeling Droiect gO more smootWv.
we otrer the lollowing points to consIder and help you prepare -lor our arrival. - - - -, -
I. Telephone: Please designate a telephone for our use for ordering materials, scheduling and general
job coordination. Please feel free to contact our office if you bave any questlOns regardmg thIS
request. .
2. Bathroom: If an existing bathroom is not available, we will be happy to provide a pohable bathroom
that will be charjl;ed to the job.
3. \Vork Hours: WOik hours are- from 8 am. - 4:30 p.m. witt1. 30 minutes for lUI1Ch most times (uld two
15 minute breaks per day as required by law. Many times an employee or sub-contractor will be
picking up materials in the moming and will arrive later than 8 a.m. Saturday work mav be arranged
at your convenience. Clean-up will usually begin about 4:20. All the above is flexible.
4. Smoking: Our employees and sub-contractors m'e nol allowed to smoke inside your home, but are
allowed to smoke on the property. [f this is not acceptable to you, please notilY us.
5. Protection: Upon arrival we will cover and tIy to protect your possessions near and in our work
areas. We strongly advise YOll to remove valuable items and mementos from the area and otl" the
l.lt!alls and place t.~em. 1.'1 an area design~ed as "eff limits." This ~s.rin help insure that construction
dust and vibrations on adiacent walls do not harm your possessions.
r ,....'1._ _ "'liT ~11lt__.._ ."_ _1...___1__,__ , _,~~,. ~__~.___;....1.....~_-I~...":1l1-_t.._.,.,.._,..".~ ~____~J."..._.t._
v, _............ ...."'. y.... ........ ............. ""'..... ........... ................ ............1.&.& ................ .........J ......o-'-"~............ .............. u....yt'J ..... .............0... ..."'.. -...:.....
replacement of certain fumiturt; each day if needed by the family. Please designate an area for a trash
-- ....:1.... ,~.l.:Al-o ",.": '~..";11 1..........-;. .:.... ...,a.-.-t- ^" .....,....."'.;1-.1... .. 'If... ...+t-............... ........ ...~"'...... ...l..... ",-"...J.. ....:1.... n,hdon :...~... ...,,............;......1
l'll.o.... 'Y'.~....... ..... .......... .......-.1:"......, .....-...... --- l"'................-. ,-,,- ......~_.......r'~.~ '.._........'.....- -- ~-.-... ........- ................ ~ f"..-_...._~
during the course of constructiqn.
St~r::g-t ~fM:::t~rl~!: \~le m:1Y need to designate areas outdO'''}fS for delivery and storage of materials
and an area inside for smaller or valuable items. Please select an area for these materials that will
least interiupt your daily routine. Remember that the outside stOIage area and clean-up pile can or
may cause damage to your laWJ1.
g, Special Featur~: It will be important fOT you to point oot to u!> unique feature!> about your Iwme, i.e.
fuse box location, water shut-offs, special equipment, special plants in your yard. Dets and their
habit5~ neighbvr3, etc.
9. Workmanship: In many instl1llces, it's prohibitively expensive to remodel to perfection. We will
'A_"k' ~o~ "or y-' .L_t ,~o <"001 """'. ..... 10.S .L__ ......+:e~. A,~ .~ o-:."'ng ~~d'''~. ^-d do~'Ao
l\,j.....nu,J..y u.J.,,",~ J. l vu ura n.... 1;.........1. J...........J ........ .I.....'" Urai:l y.....l.J.. ....~ u.u..... ~v ...,,'t.J."'~ .....un lUVU", ~J..U ........1\,j.....
together how best to handle each situation.
10. Wood: Wood, a natural product, win expand a..-r:d contract o\'er time and \>;iH ta...\..e finishes differend)',
'7
therefore you can expect minor cracks and imperfections and different shades and grain patterns.
11. Changes- in the Work: Cbanges- 00 occur during Coosu1+'"C:tion pt'Ogfe5S. Unforeseen circu..~stanees
can and do occur. These will be discussed with you, estimated and described on a customer request
form or similar form for your approval. You may also- wish to- make, changes as work progresses-.
Please describe the changes 011 a customer fonn (as mentioned above) and deliver to lead worker.
Our staff will be able to- accurqte!y estimate tl1:e cost of any changes and get back to you for approval.
The customer request form is a valuable tool designed to help you and us keep the budget and
schedule accurate and up to da~e. Weare happy to address any change request, but please remember
changes do affect the budget and the schedule.
12. Inconvenience: Finally, the remodeling process will cause you and your family inconvenience and
mental stress. Your day-to-day routine will change, some areas of your house will be in disarray and
it will seem that you have dust and debris evel)'Where. Our goal is to minimize this stress and
interruption and make the remodeling process fun, exciting and rewarding for you and your family.
THANK YOU for helping us prepare for your remodeling project. Please feel free to ask questions,
make comments and volooteer suggestions at any time. Your watchful eyes will help us achieve an
efficient, high quality project.
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2 EAST MAIN STRI;ET
SHIREMANSTOWN,PA 17011
ATTORNEYATLAW
(717) 731~1461
FAX 761-1974
July 11, 2000
LEN BIANCHI
6280 CARLISLE PIKE
MECHANICSBORG, PA 17055
Re: ,Ted & Judy Grdj an
613 Hummel Avenue
Lemoyne, PA
Dear Mr. Bianchi:
I represent Mr. & Ms. Grdjan. I have been provided with a
copy of your proposal/agreement and numerous e-mails between you
and my clients. The e-mails evidence their difficulties with your
performance of your contract to repair their back porch and instal
a fence. They are totally frustrated with your excuses and
inability to perform the contracted work in a timely and
professional manner.
You have made numerous unkept promises. Due to your actions,
or inactions, my clients no longer have confidence in your ability
to complete the project in a professional manner. Therefore, you
are directed to cease all work on the project. Neither you nor any
of your employees or agents are allowed on my client's property.
If you come onto the property you will be deemed a trespasser and
legal action will be taken.
My clients have given you $2,087.50 as a partial payment on
the porch. They also gave you $900.00 for the fence. You have
done no work on the fence. Therefore, you are to immediately
return the $900.00 that was tendered solely for your proposed work
on the fence. My clients are contracting with another to complete
the porch work. If the originally contacted porch work can be
completed for the remaining $782.50 due under the terms of your
agreement, you will not owe my clients' any further funds (assuming
that you immediately return the $900.00 fence deposit). If the
work is able to be completed for less than $782.50, my clients will
be obligated to pay you the difference. If the completion costs
more than $782.50, you will be liable for the difference. A final
accounting will be provided upon completion of the project.
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It is unfortunate that you were not able to complete the
project in a timely and professional manner. My clients understand
that you have had a number of personal and other problems,
However, the result has been that my clients have not had the
rebuilt porch and fence that they had planned to use this Spring
and Summer.
This is a very serious matter. To avoid formal legal action,
immediately send me the $900.00 fence deposit made payable to the
Grdjans. If you have any questions please have your attorney
contact me.
Sincerely,
~(!).~
Thomas D. Gould
cc.
Ted & Judy Grdjan
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Len Bianchi
P.O.B ax 7102
Mechanicsburg, Pa.
17050
717-796-7790
Re Ted & Judy Grdjan
Mr. Gauld,
In respanse to. yaur letter; I have attempted to. call yaur affice an numeraus
accasians. Y aur recarded message indicates yaur quick return to. calls. At this time I
hardly think several days wauld be quick.
I am trying to. respond favarably to. the Grdjans and yau seem nat willing to. help.
The Grdjans as af even the day the letter came to. me allawed my men an their premises
and tald bath them and [ that we had no. mare than two. weeks to. camplete wark. At that
time as I indicated an the phane, my men were there till 9p.m. installing daars. We have
since dane same repairs and mare. Yesterday ane sub was there repairing things by their
"permission. Two. days ago I had/uoafing sup ,tl1ere t9 install the roaf and d.o, the ,upper .
siding and we cauld nat reach Mr. Grdjan knawing well he was in the hause. I wasted a
lat af maney in driving to. the warehause far supplies, caming to. the jab and returning
supplies. We anly have a small amaunt afframing to. make a trap daar under the hause a
few squares af siding and a small roaf to. camplete and we are dane. This is ane ar t\va
days wark (weather and time) permitting.
If this is to. be settled then I must nat be farced to. waste anymare time ar maney.
This will be charged back to. the cantract.
This cantract has no. starting date nar daes it have a finishing date. It's been
aprox. 8 weeks since we have started and nat all the time was wasted ar delayed by us.
At a certain time a few weeks ago. the Grdjans fired us verbally and in email,
fram installing the fence. When their depasit was requested back, After I tried to. explain
my stance they still said no., they also. said they checked with Lawes and faund that they
cauld buy the same lumber far abaut 50.0..0.0. dallars cheaper. [dan't knaw haw this is but
anyway I simply agreed and said (in writing and an the phane) well, deduct the amaunt
paid fram the balance awed and we will adjust it accardingly. This was never disputed.
Mr. Grjdan remaved his fence and at anather paint bath asked and wrate when wauld I
be finishing the fence, (canfusing? Yes), all the emails 1 have saved will indicate this. I
also. decided that I wauld nat do. the small extra jab afre-dry walling the kitchen ceiling
(anly). I tald the Grdjans I wauld deduct this small amaunt, and if they still wanted it
dane we could do. it at anather time. This is nat, was nat, a part afthe agreement (written)
it was an extra as was the campleted screen daar.
The Grdjans are under cantract with me far this wark and we are willing and able
to. camplete it. Having them sign an anather cantract while they are in Cantract with me
wauld be a direct breech af cantract. Lets nat go. there. I do. nat want to. make enemies
Mr. Gauld I am tald aid far that. My retirement is near and I want to. end this carrer an a
nice nate.
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I repeat; Please allow this to go forward; Let us make everyone happy and finish
this small amount of work. Lets get the work done! I like Sonny, we have a lot in
common and I dislike this bickering. My men and I stand ready, further delay will be
,- costly to all parties, except the lawyers of course.
cc.Grdjan
I await your speedy reply.
~
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2 EAST MAIN STAE~
SHIREMANSTOWN,PA 17011
ATTORNEY AT LAW
(717) 731.1461
FAX 761-'974
July 26, 2000
LEN BIANCHI
P.O. BOX 7102
MECHANICSBURG, PA 17050
Re: Ted & Judy Grdjan
Dear Mr. Bianchi:
I am in receipt of your letter. You apparently misunderstood
my letter. My letter to you, dated July 11, 2000, clearly states
that you are to "cease all work on the proj ect", My client had
elected not to give you any more opportunities to complete the work
--" ,,~r--brea'k-your promises;-"-'Ittstrcre'that '" on "the --day-that you
received my letter your agents were trying to install doors at 613
Hummel Avenue. Unfortunately, as usual, the work was not done in
a professional manner. No attempt was made by your agents to
install the contracted rubber roof.
My letter unequivocally states that if you have any questions
"please have your attorney contact me". Rather than seeking legal
advice and complying with the instructions in my letter, you have
left numerous messages on my answering machine. You are attempting
to get me involved in persuading my clients to allow you to
continue work on the project. My clients had made a final decision
back on July ll, 2000, not to allow you to continue with the
project. My clients believe that they gave you every reasonable
opportunity to fulfil your duties under the contract. It is now
too late. As I stated in my July II, 2000, you are to immediately
send me my clients' $900.00 deposit that they had given to you for
the fence. You have acknowledge that you received the $900.00 for
a deposit on the work on the fence and that you have never done any
work on the fence.
Once the project is completed by a competent craftsman, my
clients will either pay you any money owed or send you a bill for
the overpayments to you. However, you are not authorized to
withhold the return of my clients $900.00 that was for another
project that was never started. The $900.00 must be returned
:immedi.ately,
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I will not discuss this matter with you. I am not your
attorney. I will not negotiate with you on behalf of my clients.
You should seek legal counsel immediately. I will discuss any
issues with your attorney.
Sincerely,
~_D. 4,p
Thomas D, Gould
cc, Ted & Judy Grdjan
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JUDY GRDJAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 2000-8329 CIVIL TERM
LEN BIANCHI,
Defendant
CIVIL ACTION
CERTIFICATE OF SERVICE
AND NOW, this :l.J'~ day of December 2000, I, Thomas D. Gould,
Esquire, Attorney for Plaintiff, hereby certify that I have this
day sent a copy of Plaintiff's Complaint by depositing a copy of it
in the United States mail, postage prepaid, addressed to:
LEN BIANCHI
6280 CARLISLE PIKE
P.O. BOX 7102
MECHANICSBURG, PA 17050
DATED no ,>>"-Od
~., D. .>6-u
Thomas D. Gould, Esquire
10 # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
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