HomeMy WebLinkAbout01-1818 FX
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,~WEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 01- /1"1 P
NOTICE OF APPEAL
(1,"UiL y~
Notice is given that, the appellant has filed in the abave Court af Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in tho> ca!,> men~ below.
C5t NO OR NAME OF 0.J.
Dqd -D1.
PA STAre t'lOl ZPCDOE
CV II'
LT'19
This block will be: signed ONLY when this notation is required under
loo8B.
This Notice, of ,~ppeal. when receiyed by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this cose.
Signature of Prothonotary or Deputy
If appel/ant 1M CLAIMANT (see F'a. 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 foon to be used ONLY when appellant was DEFENDANT (see Pa. R.C'p,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: TaProthonotary
Enter rule upon::1J1 om C\J ~ \ bCl.l..\.l , appellee(s), to file a complaint in this appeal
Name of appeJfee(s)
(Common Pleas No. ()/- IPI? (:,();( '-r~ ) within twenty (20) days ofter service of rwle ar
RULE:
T~DYV\~ ~. (bQuJ
Name of awel/oeis)
, appellee(s).
(1) Yau are noijfie<:lthat a rule is hereby entered upon yau to file a complaint in this appeal within twenty (20) days after the date af
service af this rule upon you by personal service or by certified or registered moil.
(2) If you da not file a complaint withl~ this lime, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date af service of this rule if service was by mail is the dale af mailing.
Date:fYt.:1nrL;;P,I~Q:"j '- ~~ p~~~""
f/CJPC312-84
COURT FILE TO BE FILED WITH PROTHONOTARY
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
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(This proof Ilt servle'e MUST BE FILED WITHIN TEN (10) DA YS AFTER lIIing the notice of appeal. Check applicable boxes)
COMMONWEALTH ,OF F'ENIlSYlVANIA
COUNTY OF_____
; sse
AFFIDAVIT: I hereby swear or affirm that! served
a copy of the Notice of Appeal. Common Pleas No, , upon the District Justice designated therein on
(date of service) _~" 0 by personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) , on
,_ , 19__ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto.
and further lhat I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on , '19~ 0 by personal service 0 by (certified) (registered)
mail, sende(. receipf attached hereto
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS ______, Dft,'( OF __,___ , 19__
Signature of
Signature of officiil! before whom uffid,wit was m,~(fa
Tille oiofficial
My commiss,on expires on _
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09-1-02
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NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
IQAUL, THOMAS J I
802 A LEWISBERRY RD
LEWISBERRY, PA 17339
L ~
VS.
~
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF: CUMBERLAND
Mag, Oist, No'
OJ Name' Hon
Address:
ROBERT V. MANLOVE
1901 STATE STREET
CAMP HILL, PA
i
TO"phooo (717) 761- 0583 17011- 0000
DEFENDANT:
'MuLL, DAVID
25 SPRINGERS LN
NEW CUMBERLAND,
L
NAME and ADDRESS
I
PA 17070
DAVID MULL
25 SPRINGERS LN
NEW CUMBERLAND, PA 17070
~
Docket No.: CV- 0000018 - 01
Date Filed: 1/25/01
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAm.T .TIJUGMRNT -PT.TF
[!] Judgment was entered for: (Name) mlITT. 'l'H()MlI!'l .T
[!] Judgment was entered against: (Name) MITT.r. DlIVTD
in the amount of $
'-,R'-l 00 on:
(Date of Judgment)
'-1'-7/01
.
D Defendants are jointly and severally liable.
D Damages will be assessed on:
(Date & Time)
Levy is stayed for
days or D generally stayed.
Amount of Judgment $ 2,753.00
Judgment Costs $ 70.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 2,823.00
Post JUdgment Credits $
Post Judgment Costs $
D This case dismissed without prejudice.
D Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
D
D
------------
------------
Certified Judgment Total $
Objection to levy has been filed and hearing will be held:
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 PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
;; ;~/~EI A C:~: OF T~E JUD i C TF M WITH~:;;:,:~~i;:C::~:~::AL.
I ... ";;-.').... ' '.'r '
I certify that this is a true a a of the proceedings,CO@\i3{l'ilfl9 the.judgm.enf.,
ex/m,lo i Date ~t E \ ':(~~fS\riC; Jjlstice
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My commission expires first Monday of January,
AOPC 315.99
2006
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"'OTIC.'OFAP~[AL " .
FROM
J\,DICIALDISTRICT
,DIStRI<;TJI)STlCE ,rt!1PGtt\ENT ..
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COM!/IO~P~~ASNo.o; ""1if?1 P
.' NOTICEQ~~~PE'~L
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l1D~<ln ffJ Ln ~ Cu-m Duland
DA}:'_ :2.-f~OI.' IN~r'fftThOMo.s
CV w<OC::CX::::OIR- 01
LT 19
This block will be ~gned ONLY When this'nototiori is. required under
10088. .' ,;' " i.
This Notice of Appeal. when 'received by the District ,Justice, will" operate ,as 0'
SUPERSEDEAS to the judgmenHor possession in this case.
ClAIM NO
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STATE II-J 0-1 OOOE
If apPellant Vvi3s CLAIMANT (seePa. HCP.JP. No,
1001 (6) in action beforeqistrict Jllstice, he MUST
FlU, A COMPLAINt w(thintwenty (2G) days after
filing his NOTICE of APPEAL.
Signaturo of Prothonotary or Deputy
,"RAEC'PEToem'~~U"E TO FILE' COM....~ONT AND RULE TO FILE
(This section of loon to be used QNLY when appellant was DEFENDANT (se(' Pa. HCPJ.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 Prothonotary ~ \ . .. \
Enter rule upon----rh9mo.J bo..u. .
'.' C ~ Name of,appellee{s)
(Common Pleas No. Of-I?I? I(.IIL I~ )withint~nt,y(20)daysa
, appellee(s), to file a complaint in this appeal
T~-r\r\D~~ ~, ~CUu\
Name or appelllle(s)
RULE:
,appellee(s).
.
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(1) You are notified that a rule is hereby entered upon yo~ to file a complaint in this appeal within twenty (20) days after the dale of
service of this rule upon you by pers~nf'l..,se,vice 01' by certified 01' registered mail
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(2) ff you do not,&~ a,t9",'pJ~lnl:X>'iihi" tl;ijilJI)lE', a JUDGMENT OF NON PROS WIll BE ENTERED AGAINST YOU.
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(3) The dale <>l~rVifOe of this rule if servlce:;~,by mail is the dale of mailing. "
Date: fY)ar<LAJji;.'l~;).2:pt"; "";"~' ,~e.P 7J2JMa< f t ~..- ,
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COURT FILE
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PROOf OF SERVICE OF NOTiCE OF APPEAl.. AND RULE TO FilE COMPLAINT
(This proof of se.'vice MUST 8E FILED WtTI!/W TEN flO) DA YS AFTER filing the notice of appeRl, Check applicable boxes)
COMMONWEhLTIi OF PENNSYLVANIA
COUNTY OF_
;ss
A,!"FIDA \lIT: i hereby swear or aflirm thai I served
lI2i'~'OOpy of the Notice of tr'Peal. C'jmmon- PI';as 'N';:;:O l-l<6+'8 '..... ., upon lhe9i"tlict Justice designated therein on
{date of service) -Ill- 01, ",.0 ,. by persJal servicf !1('by (certified) (registered) mail, sender's
re eipi attached hereto. and upon the appellee, (name! l \'\C<iY\aS ,r.,all . . ., .on
- - 'L , 'j},L_,__ 0 by personal service ~(certified) (registered) mail, sender's receipt attached hereto.
and further thaI. j served the Rule to File a COl1lpiaint accompanying the above Notlceot Appeal upon the appel!eeis) to whom
the Rule was addressed on _Y-I (;- ('I t ,19------c:J by personal service E&"by {certified) (registered)
mail, sender's receipt attached hereto
S'NORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS
DAY OF
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Complaint
Common Pleas No. 01-1818
Plaintiff
Defendant
Thomas J. Gaul
802A Lewisberry Road
Lewisberry, PA 17339
vs.
Donald Mull
90 Springers Lane
New Cumberland, PA 17070
The plaintiff is seeking payment to repair Tom Gaul's roof at his house, which he owns
and is currently renting, located at 233 West Columbia Road, Enola, PA
I paid Mr. Mull $750.00 around the end of September 2000 to repair the above roof.
Since then he has cashed the check and not repaired the roof. The roof has
progressivlilly got worse. t obtained two estimates for the cost of the repair of the roof in
its present state. Both estimates are between $2500.00 and $3100.00. The roof at this
time is worse and has destroyed the inside ceiling tiles and leaking onto the floor. t am
asking $2753.00 to pay to have the roof repaired. If there are additional costs incurred
because of the damage 7iJss d inside the home I request to further file a claim for the
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Hereby submitted by: JJ4f'!'(jJ (j I 0 J
THOMAS J. GAUL
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THOMAS J. GAUL,
: IN THE COURT OF COMMON PLEAS
: CUMBERLANDCOUNTY,PENNSYLVANIA
Plaintiff
vs,
CIVll.. ACTION - LAW
DAVID W. MULL,
Defendant
: NO. 01-1818 CIVIL TERM
NOTICE
YOU HA VB 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 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB 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
A VISO
USTED HA smo DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas
expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha
en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por
abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones a las demandas en su
contra.
Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su
contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier
otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO,
o PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, YAYA 0 LLAME A LA
OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE
PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telefono: (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS J. GAUL,
Plaintiff
v.
: NO. 01-1818 CIVIL TERM
DAVID W. MULL,
Defendant : CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes Plaintiff, THOMAS 1. GAUL, by and through his attorneys,
BRATIC & PORTKO, and states the following cause of action.
1. Plaintiff, Thomas 1. Gaul, is an adult individual residing at 802A Lewisberry Road,
Lewisberry, Pennsylvania.
2. Defendant, David W. Mull is an adult individual doing business as CDM Home
Improvement, with a place of business located at 90 Springers Lane, New Cumberland,
Cumberland County, Pennsylvania.
3. On September 26,2000, Defendant prepared and executed a certain written
proposal [hereinafter referred to as "agreement"] for the installation of roofing over top
of Plaintiff's home located at 233 West Columbia Road, Enola, Pennsylvania. A true and
correct copy of the proposal is attached hereto and marked Exhibit "A."
4. On September 28, 2000, Plaintiff accepted the agreement and paid to Defendant the
contract price of$750.00. A true and correct copy of the check in the sum of$750.00
payable to and endorsed by Defendant is attached hereto and marked Exhibit "B".
5. When Defendant received payment in full of $750.00 he promised Plaintiff that the
work would commence immediately.
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6. Contrary to his promise, Defendant did not immediately commence the work and
Plaintiff had to repeatedly call him about perfonning his part of the agreement.
7. Each time Plaintiff contacted Defendant, Defendant promised to come out to the
home the following day to commence work; however, Defendant never showed up to
perform any work even though he had been paid in full.
8. Having already paid for the work in advance and expecting Defendant to fulfill his
part of the agreement by commencing the work immediately, Plaintiff was delayed in his
attempts to have the roof repaired in a timely fashion.
9. As a result of the repairs not having been made, the condition of the roof continued
to deteriorate and the underlying structure, deck and insulation have become rotten or
damaged.
10. The additional damage to the roof and underlying structures was caused solely by
Defendant's unexcused delay in performing his part ofthe agreement.
11. Plaintiff has fulfilled all the provisions of the agreement on his part to be
performed.
12. Defendant has not fulfilled the provisions of the agreement on his part to be
performed.
13. Defendant has wholly neglected to do and perform all things which were expressly
or by necessary implication required to be done and performed by the agreement, as
follows: (a) install roll roofmg; (b) stop any leaking from the roof area.
14. Defendant has failed and refused, and still refuses, to cure the aforesaid breaches,
despite Plaintiff's repeated demand.
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15. Plaintiff obtained two written estimates to perform and complete repairs to the
roof and/or to remedy the damages caused by Defendant's delay, one for the sum of
$2,753.00 and the other for $3,125.00. True and correct copies of these estimates are
attached hereto and made a part hereof and referred to as Exhibits "C" and "D".
16. The reasonable cost of remedying the aforesaid breaches is in excess of$750.00.
COUNT I
Breach of Contract
17. The facts and statements of the paragraphs I through 16, above, are here
incorporated by reference.
18. By virtue of the foregoing and by failing to perform the work pursuant to the
parties' agreement and understandings, Defendant has breached his contractual
undertakings and obligations to Plaintiff.
19. Defendant's aforesaid breaches have caused Plaintiff to suffer damages in excess of
$750.00.
WHEREFORE, Plaintiff demands judgment in his favor and against Defendant and
an award of money damages not in excess of$3,125.00, plus interest applied from on or
about September 28, 2000, to the present, and such other and further relief as the court
may deem just and proper.
COUNT II
Breach of Implied Covenants of Good Faith and Fair Dealing,
and Claim for Equitable Restitution
20. The facts and statements of paragraphs 1 through 19, above, are here incorporated
by reference.
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21. Defendant executed a proposal to perform the roof repairs and he made verbal
assurances to Plaintiff that the work would be commenced immediately; therefore,
Defendant was obligated to deal fairly and in good faith with Plaintiff.
22. Defendant breached his duty of good faith and fair dealing as follows:
(a) Arbitrarily, capriciously, and, in bad faith, failing to perform his part of the
agreement and neglecting to timely commence the work pursuant to the parties'
understandings;
(b) Failing to protect the home from further damage which was being caused by the
roofleaking;
(c) Refusing to refund or reimburse Plaintiff so that the work could be performed
by another contractor;
(d) Converting to his own benefit the contract monies paid to him for supplies and
roofing materials; and
(e) In general, by self-dealing to the substantial detriment of Plaintiff and in
violation of the provisions of the agreement and the parties' agreement and
understandings with respect to the timely performance of the work.
23. By his aforesaid conduct, breaches, violations and failures, Defendant failed to
discharge his express and implied contractual duties with the care, skill, prudence and
diligence under the circumstances then prevailing as required by a prudent person or
contractor or entity acting in a like capacity and familiar with such matters.
24. Defendant's aforesaid breaches of his duty of good faith and fair dealing and
violations of his contractual responsibilities caused Plaintiff to suffer damages in excess
of $ 750.00 as referenced above, and Plaintiff is entitled to recovery of such amounts
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both as damages from Defendant for his breaches, violations and failures and, further, as
monies and amounts to which he is entitled under equitable restitution.
WHEREFORE, Plaintiff demands judgment in his favor and against Defendant and
an award of money damages not in excess of$3,125.00, plus interest applied from on or
about September 28, 2000 to the present, and such other and further relief as the court
may deem just and proper.
COUNT III
Unjust Enrichment
25. The facts and statements of paragraphs 1 through 16, above, are here incorporated
by reference.
26. As a result of the conduct and practices of Defendant DA VlD W. MULL,
Defendant has been unjustly enriched.
WHEREFORE, Plaintiff requests that this Court determine and declare:
(a) that Defendant DA VlD W. MULL, has been unjustly enriched;
(b) an award of damages; and
(c) that Plaintiff be awarded such other and further relief as the Court deems just
and appropriate, including reasonable attorneys' fees and the costs incurred in this
action, together with interest and costs as provided by law.
BRATIC & PORTKO
BY~V0~
Stephen K. Portko, Esquire
101 South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorney l.D. No. 34538
Attorney for Plaintiff
Date:
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VERIFICATION
I, THOMAS J.GAUL, hereby acknowledge that I am
Plaintiff in the foregoing Complaint, that I have read the
foregoing, and the facts stated therein are true and correct
to the best of my knowledge, information and belief.
I understand that any false statements herein are
made subject to penalties of 18 Fa.C.S. Section 4904,
relating to unsworn falsification to authorities.
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PROPOSAL
PROPOSAL NO.
SHEET NO.
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PROPOSAL SUBMITTED TO:
NAME
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WORK TO BE PERFORMED AT: 7 ~ ZL, - ~':'O
ADDRESS
ADDRESS
CI1Y, STATE
CI1Y.STATE
DATE OF PLANS
PHONE NO. ARCHl ,
11(/10
We hereby propose to furnish the materials and perform the labor necessary for the ~mpletion of
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All material is guaranteed to be as specified. and the above work to be performed in accordance with the drawings and
specifications submitted for above work and completed in a substantial workmanlike manner for the sum of:
Dollars {$
with payments to be as follows
AnyaReralionsOfdeviatlonlromabovespecillcalionsirrvotvingextraCDSts
wlllbe executed only upon wrilllln order, and will become an extra charge
aver and alxMl lII8 estimate. AU agrMments conUnge!ll upon sllikea.
aceidents. or delays beyond our control.
Respectfully submitte .
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days.
ACCEPTANCE OF PROPOSAL
The above prices. specifications and conditions are satisfactory and are hereby accepted. you are authorized to do the work as specified. Payments will
be made as outlined above.
SIGNATURE
DATE
~Adams 9450
SJGNATURE
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~ GEORGINE U. WINGARD t" 6~.;;~~%;13 818 j
I 802 ALEWISBERRY RD ,5-0 ~,J s' ,
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MEMO :lb lo'l b70'l-~-I;~-~~OO~750-00~1'
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15 Year Workmanship Warranty
Free Estimates . Fully Jnsured
JROPOSAL
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PROPOSAL #. I IlL
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2651 ROUtl209
Mille"'bll!g~ PA 17061
921-2322
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JOB LOCATION:
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PHONE:
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We hereby propose to fumish !he materials lllld petfOf11llbe labor necessary for the completion of:
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INSTALL THE FOLLOWING MATERIALS:
~RWEDGE ~~r
o WINTERGUARD
jENT COLLARS
o STEP & COUNTERFLASHING WHERE NEElJED
o POWER VENT ~"STURDI-TOP
dLATES & SCREWS 0 ROLlED ROORNG
o RIDGE VENT
0~UBBER . c'I Y&-''':.Y
.,..sHINGLES .k;i.25 J. 7"1 '",".~r\,.{
_SLATED
o CEDAR
ANY ADDITIONAL WORK OR MATERIALS NOT LISTED ABOVE:
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ANY WOOD REPLACEMENT IS ADDmONAL@ THE RATE OF
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REMOVE ALL JOB RELATED DEBRIS FROM THE PREMISES, KEEP JOBSITE NEAT AND ORDERLY DURING THE
PROJEC!, CI.F.A.N ALL GU'ITERS AND DOWNSPOUTS AND NO MATERiAL SHALL REMAIN ON THE GROUND
OVERNIGHT.
All material is guannteed to be as specified, and me above work to be performed in accordance with the specifications submitted
for above work and completed in a subsmntiaJ wotkmanlike manner for the sum" oJ au
;;fv, #.'vi""d <;~W'~ II_Nf"u/ f,fly -li..." ~,..)-ii;;"' Doll'" ($ 2753. -
withpaymentstQbemadeasfollows;1'~,..I-J./u 'OIJ,,! "",q 5+"1 Jl/1J!1I1..,t:C. t..Jthv crw.~f/~,
ACCEPTANCE OF PROPOSAL
THE ABOVE PRICES, SPECIFICATIONS AND CONDrrrONs ARE SATISFAcroRY AND ARE HEREBY ACCEPTED. YOU ARE
AUTIIORlZE!> TO DO THE WORK AS SPECIFIED. PAYMENTS WILL BE MADE AS OUTlINED ABOVE.
SIGNATURE
DATE
ESTIMATED START DATE PENDING WEATHER
SIGNATURE
Respectfully submiued J;A_ IZ, ~ 1- ~
This proposal may be withdrawn if not accepted within 2..2..- days.
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PROPOSAL & AGREEMENT
'?OOFING & SHEETMETAL INC.
JOHN G, HORNE
GENERAL MANAGER
TENTATIVE
STAAT DATE
. INC.
JOB#
340 PLEASANT VIEW ROAD
NEW CUMBERLAND, PA 17070
717'774-6476
FAX 717.774.6477
emaH: sales@allied.roofing'inc.com
V CUMBERLAND, PA 17070-2738 DATE
WORK TO BE PERFORMED AT:
CITY, STATE
PHONE NO.
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ADDRESS ::1-33 C 6 L.;.1'115.J A
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CITY, STATE- E V t PA 1)&;).5
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All material is guaranteed to be as specified. and the above work to be periormed in a workmanlike manner for the sum of
Dollars ($ 3/ J. 5 ;!!:---
with payment to be upon completion.
ALLIED GUARANTEES
1. Allied Roofing and Sheetmetal, Inc. has all necessary general liability and
~orkmen compensation.
2. Allied's crew will not leave a jobsite for the day or even for lunch unless the roof is watertight.
Client Signature
3. Allied's crew will not allow debris to fall to the ground. On most roofs, debris will be carried
to the dump truck or dumpster and dropped directly inside. On steep roofs, shrubs and lawn
will be protected against accidental falling debris.
Title
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4. Gutters and ground are cleaned daily.
5. Allied's policy requires roofers to conduct themselves in a professional manner while on a
customer's property.
6. Allied Roofing and Sheetmetal, Inc. collects for all work after one hundred percent (100%)
completion of the contract.
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7. Special order items require 50% down.
717-774-6476 · FAX 717-774-6477
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CERTIFICATE OF SERVICE
I hereby certifY that the foregoing Complaint was served by placing a true and
correct copy thereof in the United States mail, first class postage prepaid, addressed as
follows:
David W. Mull
90 Springers Lane
New Cumberland, PA 17070
Dated:
G,!c;Y/O!
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Stephert K Portko, Esquire
LD. # 34538
Bratic & Portko
101 South U.S. Route 15
Dillsburg, Pennsylvania 17019
(717) 432-9706
Attorney for Plaintiff
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THOMAS J. GAUL,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
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vs.
CIVIL ACTION - LAW
DAVID W. MULL,
Defendant.
: NO. 01-1818 CIVIL TERM
PRAECIPE TO MARK ACTION SETTLED, DISCONTINUED AND ENDED
TO THE PROTHONOTARY:
Kindly mark Plaintiff's suit against Defendant
"settled, discontinued and ended with prejudice."
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S~rtko, Esquire
Attorney for Plaintiff
DATE: Ol!()::;/QJ..
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