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Johnson, Duffie, Stewart & Weidner
By: Michael J. Cassidy
LD. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
HELEN J. PINES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0/- .J;// Cll:>t~
v.
CIVil ACTION - LAW
WilLIAM STROHM,
Defendant
NOTICE TO DEFEND
To the Defendant:
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
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 properly 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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Johnson, Duffie, Stewart & Weidner
By: Michael J. Cassidy
LD. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717)761-4540
Attorneys for Plaintiff
HELEN J. PINES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Ol-.f II Cu;.J, ~
CIVIL ACTION - LAW
v.
WILLIAM STROHM,
Defendant
COMPLAINT
AND NOW, this '2.:,<:9day of January 2001, comes the Plaintiff, HELEN J. PINES, by and through
her undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint, and in support
thereof avers as follows:
COUNT I
BREACH OF CONTRACT
1. Plaintiff, HELEN J. PINES, is an adult individual residing at 48 West Allen Street,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, WILLIAM STROHM, is an adult individual now or formerly doing business as
William Strohm Contractor, with a place of business now or formerly located at 1437 Derry Street,
Harrisburg, Dauphin County, Pennsylvania 17104.
3. On or about June 15, 1999, Plaintiff and Defendant executed a certain written Agreement for
the construction of certain improvements to Plaintiffs residence. A true and correct copy of the Agreement
is attached hereto and marked as Exhibit "A."
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4. On or about June 17,1999, Plaintiff paid to Defendant by check the amount of Eight Hundred
and 00/100 Dollars ($800.00) as a deposit toward the work to be performed pursuant to the aforementioned
Agreement. A true and correct copy of the check in the amount of $800.00 is attached hereto and marked
as Exhibit "B."
5. On or about June 28, 1999, Defendant made certain assurances to Plaintiff that Defendant
had secured all necessary municipal building permits and approvals required to perform certain
improvements upon Plaintiff's residence, and in furtherance of such requested a check in the amount of Five
Thousand Six Hundred Fifty-four and 00/100 Dollars ($5,654.00) for the purpose of ordering certain
construction materials.
6. On or about June 28, 1999, Plaintiff paid to Defendant by check the amount of Five Thousand
Six Hundred Fifty-four and 00/100 Dollars ($5,654.00) for the purpose of purchasing certain materials
necessary to commence certain improvements as set forth in the aforementioned Agreement. A true and
correct copy of the check in the amount of $5,654.00 is attached hereto and marked as Exhibit "C."
7. Plaintiff has fulfilled all of the provisions of the Agreement on her part to be performed.
8. Defendant has not fulfilled the provisions of the Agreement on his part to be performed.
9. Defendant has wholly neglected to do and perform obligations which were expressly or by
necessary implication required to be done and performed by the Agreement, including, but not limited to, the
construction of a paved driveway and a wood deck.
10. Defendant has performed in a poor, improper, and unworkman-like manner certain other
things which were expressly or by necessary implication required by the Agreement to be done and
performed in a proper and workman-like manner.
11. Defendant claims to have misplaced the $6,454.00 paid in total for the deposit and purchase
of materials for the aforementioned project, and as such is unable to complete in a timely manner his
obligations set forth in the Agreement.
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12. Since breaching the construction contract, Defendant has repaid Plaintiff Eight Hundred and
00/100 Dollars ($800.00) toward the original $6,454.00 which was paid by Plaintiff as a deposit and for the
purchase of construction materials.
13. The cost of remedying the aforementioned breach is in the amount of Five Thousand Six
Hundred Fifty-four and 00/100 Dollars ($5,654.00), which said amount is now justly due and owing to
Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of Five Thousand Six
Hundred Fifty-four and 00/100 Dollars ($5,654.00), together with all costs, attorney fees and interest which
may be available by law.
COUNT II
UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
14. The allegations contained in paragraphs one through thirteen above are incorporated herein
by reference.
15. It is believed, and therefore averred, that Defendant never intended to perform the work
contracted for in the above-referenced agreement.
16. It is believed, and therefore averred, that Defendant intentionally misrepresented to Plaintiff
that the necessary building permits had been secured in order to defraud Plaintiff of the original $6,454.00
paid by Plaintiff as a deposit and for the purchase of construction materials.
17. It is believed, and therefore averred, that Defendant used all or a portion of the original
$6,454.00 for his own personal benefit, including financing a personal vacation and purchasing a new
vehicle.
18. Defendant engaged in fraudulent or deceptive conduct in that:
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a. Defendant assured Plaintiff that the work contracted for under the aforementioned
agreement was permittable under local municipal zoning ordinances and building codes;
b. Defendant assured Plaintiff that the necessary building permits had been secured
from the necessary Borough officials;
c. Defendant represented to Plaintiff that he required $5,654.00 for the purpose of
purchasing certain construction materials; and
d. Defendant represented to Plaintiff that he was capable of performing the various
obligations set forth in the aforementioned agreement.
19. Defendant's conduct as detailed above violated and is actionable under the Unfair Trade
Practices and Consumer Protection Law, 73 P.S. ~201-1, et seq. ("UTPCPL").
20. The UTPCPL provides for an award of up to three times the actual damages sustained plus
attorney's fees, and for any additional relief that the Court in its discretion deems necessary and proper.
WHEREFORE, Plaintiff demands judgment in her favor and against Defendant for treble damages
plus attorney's fees, interest and cost of suit, and any other relief this Court deems necessary and proper.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
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Micha J assidy
Attorne .D. No. 82164
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
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VERIFICA TION
I, HELEN J. PINES, verify that the statements made in this Complaint are true and correct to the best
of my knowledge, information and belief. I understand that false statements made herein are made subject to
the penalties of 18 Pa. C.S.A !}4904, relating to unsworn falsification to authorities.
Date:
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Helen J. Pines II
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w.J. Strohm & Son
DATE D 'It-l
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PRl.CONTRACT SIGNING
Between Ms. Helen Pinel'and William Strohm, this Contract is to secure William Strohm and helpers, to
do work mentioned on attached pages. Schedules will be made to comply with work. The amount of$800.00
will be used as a deposit and Ms. Helen Pine will be given time to go over final contract on June 20, 1999.
We would like to have this decision as special orders take at least four (4) to five (5) weeks for delivery.
If Helen Pine'should decide not to have work done, $740.00 CASH will be returned to her, leaving a total of
$60.00 used for the cost of paperwork. "
SIGNED
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DATE
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WITNESS
Pllone: 717-221-9045
Fax: 717.221.8058
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Materials - Special Order
Poly lumber decking
Vinyl railing and posts
JoistslBeams/Supports, etc.
Door (1) - hardware
Windows (4)@ 178.00 per window
Storm door (1)
Paint
Vinyl soffit/facial trim/post covering/siding
Spouting/down spouting/A's, B's caps/glue
Hidden hangers
Stainless steel screws and bits
TOTAL MATERIALS COST
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$2,370.00
1,429.00
1,855.00
249.00
712.00
168.00 .
62.00
963.00
318.00
140.00
$8,266.00
Special Order costs
In store material costs
u.~U1,j"kh,u~e/c("-~~;/I)(;{JJj~"1.654.00 "'" fd, c, 0p, /
2.612.00 !J</9f
TOTAL OVERALL COST
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-00511 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HINES HELEN J
VS
STROHM WILLIAM
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
STROHM WILLIAM
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On February 13th, 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
DAUPHIN COUNTY
18.00
9.00
10.00
25.50
.00
62.50
02/13/2001
JOHNSON DUFFIE
~~~
R. Thomas Kline
Sheriff of Cumberland County
STEWART WEIDNER
Sworn and subscribed to before me
this ~ ~ day of .J~
d-irol A.D.
~ (l ~,,{JA' ^f'2?
protnonotaty
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@ffitt of t1r~ ~4~riff
William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
PINES HELEN J
vs
County of Dauphin
STROHM WILLIAM
Sheriff's Return
No. 0305-T - -2001
OTHER COUNTY NO. 01-511
AND NOW: February 8, 2001
at 4:16PM served the within
NOTICE & COMPLAINT IN CIVIL ACTION
upon
STROHM WILLIAM
by personally handing
to HIM
1 true attested copy(ies)
of the original
NOTICE & COMPLAINT IN CIVIL ACTION
and making known
to him/her the contents thereof at 1437 DERRY ST.
HBG, PA 17104-0000
Sworn and subscribed to
So Answers,
Jf~
before me this 9TH day~ FEBRUARY, 2001
C!!-. i +JtlAUw)
Sheriff of Dauphin County, Pa.
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $25.50 PD 02/05/2001
RCPT NO 146008
QUIGLEY
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In. The Court of Common Pleas of Cumberland County, Pennsylvania
Helen J. Pines
VS,
William Strohm
No, 01-511 Civil
Now,
1/25/01
, 20 () (J , I, SHERIFF OF Cillv1BERLAND COUNTY, P A, do
hereby deputize the Sheriff of Dauphin
County to exe.cute this Writ, this
deputation being made at the request and risk of the Plaintiff.
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Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy ofthe original
and made Imown to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of
20
'-
COSTS
SERVICE
MILEAGE
. A.FFIDA VIT
$
$
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Johnson, Duffie, Stewart & Weidner
By: Michael J. Cassidy
LD. No. 82164
301 Market Street
P. O. Box 109
Lernoyne,Pennsylvarria 17043-0109
(717) 761-4540
Attorneys for Plaintiff
HELEN J. PINES,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01-511 Civil Term
v.
CIVIL ACTION - LAW
WILLIAM STROHM,
Defendant
PRAECIPE FOR DEFAUL T JUDGMENT
TO THE PROTHONOTARY:
Enter judgment by default in favor of the Plaintiff, and against the Defendant, WILLIAM STROHM, in the amount
of $16,962.00, plus attorney fees, interest and costs, by reason of the failure of the Defendant to enter an appearance or
to file an Answer within 20 days of the date of service of the Complaint endorsed with a Notice to Defend.
It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, WILLIAM
STROHM, at his last known address of 1437 Derry Street, Harrisburg, Dauphin County, Pennsylvania 17104, on March 2,
2001; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this
Praecipe. A true and correct copy of the aforesaid notice, together with receipt for mailing, is attached hereto and made a
part hereof.
JOHNSON, DUFFIE, STEWART & WEIDNER
By: c.....
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Dated:
3)n"jo/
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Micha I J Cassidy
Attorn I.D. No. 82164
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
:144271
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Johnson, Duffie, Stewart & Weidner
By: Michael J. Cassidy
LD. No. 82164
30 I Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0 I 09
(717)761-4540
Attorneys for Plaintiff
((;<<)lFl(
HELEN J. PINES,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01-511 Civil Term
v.
CIVIL ACTION - LAW
WILLIAM STROHM,
Defendant
TO: MR. WILLIAM STROHM
1437 Derry Street
Harrisburg, Pennsylvania 17104
DATE: March 2, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY
OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS
SET FORTH AGAINST YOU. 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:
Cumberland County Bar Association
2 Liberty A venue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Respectfully submitted,
:143994
JOHNSON, DUFFIE, STEWART & WEIDNER
By: ~):::7 ...
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CERTIFICATE ':
Aeceiwct From:
LAW 'OFF:
JOHNSON, DUFFlE, STE
301 MARKET:
P. Q. BOX
LEMQYNE. PENNSYL\
One piece of ordinary nIIIU _hllled'tO:'-
Mr. William Strohm
'1437 Der Street
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FOR 1,.u'F"~N~E -"POi~A
:.l:= 1117 f:t U.S. Government Printing Office: 4Il9-224
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PENNSYLVANIA
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