Loading...
HomeMy WebLinkAbout03-2299 he MUE q ~ ·s. o -LAINT within twentY (20) days af' 1001 (6) in actiOn before District justice, ~ ~~otot~ ': -~ce, v~," o~e~te m FILE A coMP I b~ Ine° ""' -- the District ~u "n- his NOTIGI: u · ~,LY W~ ~' · -~ ~ ~ U~' - ~ a c~int ~ to ~ ~ ~"~qe of ~ ~ , ~[s~, ~o '~ ~ ~ c~Y of n ~ ~t~' IF ~T US~u, ~ ~ . BULE' ~o · ~ ~ a i ~ke cOUltT FILE TO GE FILED ~/¢tTtl F~oTHO~4OTAR¥ ~ PROOF OF:S COUNTy OF OF ' '~'/-~R/~'n t/~ ~.: ~ ~L~ COMPLAI AFFIDAVIT: I hereby swear' -""--: ..................... , ss ~ ~,CCpy of the N~,,*- r flffirm that I 0~ f~ate Of ser~/c¢~"~ ot ApPeal, receipt attach~¢~_...: ................... ~,,¢mun Pleas No ~?~ /e was ~ erred the ~'~;~2 ,~ ~ ~Y Perso..¢ ~_ ?. ......... al Service ~ ~. ..¢str¢ct Justice ~*~. marl, sender,. ~uressed on -.~ ,u ~le a Co~;~' ~erv¢ce ~'~;-;::~::;~ ...... ~ ~Y (certified)/¢~.,~?gnated ther~;~ 'WORN (AFFIRMED) AND ~,u. " ¢ ""-Zu°ve Notice ~' ;"~" Sender's-~;-:- --~ ........ s ~IS SUBSCRIBED BEFORE ME LJ by Per.t ~' ~PPea/[mo* .,- =.'e¢pt a~ac~5%' . ~onal serV/c~ '~. ~¢~e appellee(s) ~,~?eto. ........ ~ ..................... DAY OF' .................... ~ ~, oy (certified) ;~;; ............ . ............... I oCb,~ ............................ ;OMMONWEALTH OF PENNSYLVANIA COUNTY OF:_C~t~BgREc~TD -- Mag. Dist. No.: 09 -3-02 DJ Name: Hon. HELEN B. SHULEI~BER~ER 27 W. BIG SPRING AVENUE NEWVILLE, PA Telephone: (717) 776-3187 17241 HAMME~ACHER JON/JENNIFER 1005 DOUBLING GAP RD NEWVILLE, PA 17241 0 3 NOTICE OF jUDGMENT/TRANSCRIPT CJVJ o ASE PLAiNTIFF/JUDGMEN~ OE%~ME ~nd ADDRESS ~CASSELL, HAROLD 7 HILLTOP LN NEWVILLE, PA 17241 VS. DEFENDANT/JUDGMENTC~I~I~ORESS ~ON/d-'J~T~IFER, HAMMELBACHER lOO5 DOm IN CAP RD NEWVILLE, PA 17241 iocketNo.: ate Filed: '3~28/03 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: Damages will be assessed on: ] This case dismissed without preiudice. Amount of Judgment Subiect to ~ Attachment/Act 5 of 1996 $_ ~'OR pT~%T~TFF (Name)_ Judgment was entered against: (Name) in the amount of $ __ ~ on: Defendants are jointly and severally liable. (Date o! Judgment) (Date & Time) [-Amount of Judgment ~ 640. ~ 114.50 ~lnterest on Judgment $ .0_0_ ~Attorney Fees $-~- 754.50 ~Total ~ost Judgment Credits ~ost Judgment Costs $-------- -- Certified judgment Total 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 OF THIS NOTICE OF jUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. R DISTRICT JUSTICES, IF THE JUDGMENT HOLDER MUST INCLUDE A COPY ........ '"'CD IN THE RULES OF CIVIL PROCEDURE F?. ....... '~mOCESS MUST COME FROM THE COURT EXCEPT AS OTHERWh.~I= ~v,u~ ......... =' ~= ~OMMON PLEAS, ALL FUH/I'I~-n rn ELECTS TO ENTER THE JUDGMENT IN THIr. ~Mun- '-'- - THE DISTRICT JUSTICE · OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. r-r-~ ~.'/~'~-- , District Justice /1/..o~,j- o ~ Date ~ ~ certify that this is a true and correct copy of the record of the proceedings containing the judgment. , District Justice Date SEAL My commission expires first Monday of January, 2006 · AOPC 315-03 HAROLD CASSELL, Plaintiff V JOHN HAMMELBACHER and JENNIFER HAMMELBACHER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03 - 2299 CIVIL ACTION - LAW NOTICE TO PLEAD 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 (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 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 717-249-3166 HAROLD CASSELL, Plaintiff V JOHN HAMMELBACHER and JENNIFER HAMMELBACHER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03 - 2299 CIVIL ACTION - LAW COMPLAINT Plaintiff, Harold Cassell, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: Plaintiff, Harold Cassell, is an adult individual doing business as HDC Construction with offices at 7 Hilltop Lane, Newville, Cumberland County, Pennsylvania 17241. 2 Defendants, John Hammelbacher and Jennifer Hammelbacher, are adult individuals residing at 1005 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. On or about February 22, 2002, Plaintiff and Defendant entered into a contract whereby Plaintiff was engaged by Defendants to perform home improvement work at the Defendants home at 1005 Doubling Gap Road, Newville, Pennsylvania 17241. A copy of said contract is attached hereto and marked Exhibit "A'. Pursuant to said contract, Defendants agreed to pay Plaintiff the sum of $15,000.00 for the materials and labor as set forth in the contract. 4 On or about July 27, 2002, Defendants requested a change in the February 22, 2002 contract requesting a change in size of the addition with an added increase in cost of $6,100.00. A copy of the July 27, 2002 Agreement between the parties is attached hereto and marked Exhibit "B". 5 Plaintiff has performed all work pursuant to the Februar~r 22, 2002 contract and the July 27, 2002 contract. Defendants have paid to date the sum of $15,000.00 for the work Plaintiff performed. Despite repeated demands by Plaintiff on Defendants, Defendants have refused to pay the balance owing on the said contract work in the amount of $6,100.00. WHEREFORE, Plaintiff requests your Honorable Court to enter a judgment in favor of Plaintiff against Defendants in the amount of $6,100.00 plus interest as allowed by law and costs of this action. Respectfully submitted, Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Harold Cassell c ONST RUC T iO Phone (7'17) 776-6599 (717) 776-4332 Harold C .asse!l 7 Hilltop Lane Newville PA 17241 lnvoice# 3031.0 Febmm3]., 22 2002 Mr. & Mrs. Hammelbacher Newville, Pa 17241 776-3401- Owner to have someone dig ground out around back and side wall dow;a to 'footers. H. D.C will supply and install 2 b stone-down first and lay 4-inch drainpit~e around back and sidewalls. Run drainpipe into basement and install larger sump pump. Run pipe back outside and down along house to drain. ., Cover outside foundation wall with tar. Cover drain.pipes with 6 inches of 2-b stone and.cox, tn' ~ ground. Remove siding on outside walls and pour concrete dowfl '.reside of block- walls. 46x18 2 STORY ADDITION, Connect footers to back wall, Install 2xl O's.for floor joists with 3A inch tongue and groove plywood. Install 2x4 outside walls. 'Install ½ inch DSB plywood on outside walls. Install'6 exterior windows. (3. upstairs &. 3 dowllstairs) Repeat same proceSs for 2nd story. Frame out for slid..ing glass door which owner will install later. Frame stairway from 2na floor to l't rio, or. Frame roof. .,Install lA inch OSB plywood and 25 year shingles on new roof. Harold Cassell TOTAl_, 15,000.00 ~/lr. or Mrs. I-Iammelbacher D coNSTRUCTIoN Phone (717) 776-6599 Fax (717) 776-4332 Harold Cassell 7 Hilltop Lane Newville PA 17241 Invoice # 30402 July 27, 2002 Mr. & Mrs. Hammelbacher Newville, Pa 17241 Change in size of addition from 16x18 to 20x20. Additional price, a_l~;~,,,,~,~ ~t ~ o o ,$o4o000'00 EXHIBIT SHERIFF'S RETURN - CASE NO: 2003-02299 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASSELL HAROLD VS HAMMELBACHER JOHN ET AL REGULAR BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE HAMMELBACHER JOHN DEFENDANT , at 2106:00 HOURS, at 1005 DOUBLING GAP RD NEWVILLE, PA 17241 JOHN HAMMELBACHER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 16th day of June the , 2003 by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ,~'t~ ~ day of ~ ~ A.D. So Answers: R. Thomas Kline 06/17/2003 BROUJOS & GILRO~~~ By: ~/~/~f/~ f~ Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2003-02299 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASSELL HAROLD VS HAMMELBACHER JOHN ET AL REGULAR BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE HAMMELBACHER JENNIFER DEFEND;tNT , at 2106:00 HOURS, at 1005 DOUBLING GAP RD NEWVILLE, PA 17241 JOHN HAMMELBACHER, HUSBA/~D a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 16th day of June , 2003 by handing to true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of  J~u-3 A.D. So Answers: R. Thomas Kline 06/17/2003 BROUJOS & GIL~._~ HAROLD CASSELL, Plaintiff VS. JOIHN HAMMELBACHER and JENNIFER HAMMELBACHER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO.: 03-2299 JURY TRIAL DEMANDED NOTICE TO PLEAD To: Harold Cassell C/o Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 N. Hanover Street Carlisle, PA 17013 You are hereby notified to plead to the enclosed Answer & New Matter and Counterclaim of the Defendants' within twenty (20) days from the date of service hereof or a default judgment may be. entered against you. 36 South Hm~over Street Carlisle, PA 17013 Date: July 8, 2003 HAROLD CASSELL, Plaintiff VS. JOIHN HAMMELBACHER and JENNIFER HAMMELBACHER, Defendants. IN THE COURT OF COMMON PLEAS CUMBEKLAND COUNTY PENNSYLVANIA CiVIL ACTION NO.: 03-2299 JURY Ti~AL DEMANDED ANSWER~ NEW MATTER AND COUNTERCLAIM Defendants, John and Jennifer Hammelbacher, by their attorneys, Abom& Kutulakis, LLP, answer the plaintiff's complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. Admitted that the Plaintiff performed some of the work pursuant to the first contract, as amended by the second contract. Denied that ail work defendants contracted for is complete and further denied that the work that was completed was done so in a reasonable, skillful and workman-like manner. By way ora further and more specific answer: a. The roof was framed improperly; b. The rafters supporting the roof were cut at the en. ds in a fashion that compromises their structural integrity; c. A ridge vent was not installed in the roof; d. All six interior windows were not installed; e. The second floor support beam was installed incorrectly and was constructed improperly; f. A section of the foundation to the south side of the addition is insufficient to support the south side of the addition and has begun to crack; g. The opening on the first floor for the sliding glass door/french doors was placed directly below a support beam, a violation of building codes, and now must be moved; h. The pump sump installed by the plaintiff was the incorrect size and a drain pipe to another sump pump was improperly graded; i. The siding the plaintiff removed from the :rear of the house was never reinstalled or replaced; j. The second floor to the addition is not on the same level as the second floor to the pre-existing home; k. The plaintiff never caulked and sealed the.. chimney; and, m. The floors to the first and second levels of the addition are not level. 6. Admitted. 7. Admitted. WHEREFORE, Defendants request judgment in their favor and against the plaintiff. NEW MATTER 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. The plaintiff has failed to perform under the contract(s) between the parties and is not entitled to payment and/or damages. WHEREFORE, Defendants request judgment in their favor and against the plaintiff. COUNTERCLAIM 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. The plaintiff failed to perform under the terms of the contracts between the parties and is in breach of those contracts. 12. While at the defendants' property located at 1005 Doubling Gap Road, the Plaintiff and/or his employee(s) caused harm to the defendants' property. 13. As a result of the plaintiff's failure to perform under the contract and/or harm caused by the plaintiff while at the premises, the defendants have suffered or will suffer damages, including: a. The cost of installing siding on the rear of the original home; b. The cost of a new sump pump; c. The cost of sealing and caulking the chimney installed by plaintiff; d. The cost of reinforcing the foundation to the south wall of the addition; e. The cost of removing and replacing the floor sheathing to the second floor in order to tighten the support beam; f. The cost of installing a step from the original second floor to the home to the second floor of the addition; g. The cost of removing and replacing the collar ties to the roof, jacking that roof and reinstalling the collar ties; h. The cost of moving the existing French doors, which includes: 1. Removing and replacing siding; 2. Cutting a new opening and building in old opening; 3. Installing a support column under the overhead beam; 4. Installing a new opening; 5. Drywalling the interior; i. The cost of installing a ridge vent in the rool~; j. The cost of repairing a hole made by plaintiff or his employee(s) in the wall adjacent to the new stairway; k. The cost of installing a satisfactory railing to the stairway; 1. The cost of removing debris left behind at the property, including a large area of concrete dumped in the rear yard. m. The cost of repairing damage to a ceiling to the existing home made by the plaintiff and/or his employee(s) when supporting the roof mid ceiling when removing the original rear wall. 4 WHEREFORE, defendants request judgment in their favor and against the plaintiff and requests an award of damages not exceeding $25,000, plus interest. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. J~ver Street Carlisle, PA 17013 Attorney for Defendants 5 HAROLD CASSELL, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION NO.: 03-2299 JOIHN HAMMELBACHER and JENNIFER HAMMELBACHER, Defendants. JURY TRIAL DEMANDED VERIFICATION We, John and Jennifer Hammelbacher, hereby verify that the statements contained in this Answer, New Matter and Counterclaim are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. [ 4904, relating to unswom falsification to authorities. Date Date 4ohn Hammelb~cher ]~ni fer Hanm~gachetr HAROLD CASSELL, Plaintiff VS. JOIHN HAMMELBACHER and JENNIFER HAMMELBACHER, Defendants. : IN THE COURT OF COMMON : PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO.: 03-2299 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE_ AND NOW, this 8th day of July, 20~, I, John A. Aborn, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer, New Matter and Counterclaim upon the plaintiff by handcarrying a me-stamped copy to the offices of Brojous & Gilroy, Attorneys for the plaintiff located at 4 North Hanover Street in Carlisle, Cumberland County.