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HomeMy WebLinkAbout01-05051v- . t WILLIAM E. WITTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. ORLANDO MOLDANALDO, and PATSY MOLDANALDO, Defendant N O T I C E CIVIL ACTION AT LAW T O D E F E N D 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 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 Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Matthew D. trohm, Esquire Attorney for Plaintiff t WILLIAM E. WITTER, Plaintiff vs. . ORLANDO MOLDANALDO, and PATSY MOLDANALDO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW COMPLAINT AND NOW comes the Plaintiff, William E. Witter, by and through their attorneys, Dissinger and Dissinger, and represent the following: 1. The Plaintiff is William E. Witter, who resides at 75 Second Street, West Fairview, Cumberland County, Pennsylvania, 17025. 2. The Defendants are Orlando and Patsy Moldanaldo, who reside at 70 Acomo Drive, Dillsburg, York County, Pennsylvania, 17019. 3. On May 02, 2000, Plaintiff and Defendants entered into a written contract in which Plaintiff would act as the construction manager of work to be done on a new house located at 31 Union Church Road, Dillsburg, York County, Pennsylvania, 17019. (See contract attached as Exhibit "A".) 4. Plaintiff was to be paid one thousand five hundred ($1,500.00) dollars per month under the contract. 5. From June O1, 2000 until December 31, 2000, Plaintiff performed work under the contract. 6. In June of 2000, Plaintiff and Defendants also entered ~ i into an oral contract where Plaintiff agreed to provide materials and manpower for building the new house. 7. Under the oral contract, Defendant agreed to pay for the materials and pay fifteen ($15.00) dollars per hour for manpower. 8. In October of 2000, Defendant offered to pay twenty- five ($25.00) dollars per hour for manpower for the month on November if Plaintiff devoted "all the manpower he could" to the project. 9. Plaintiff accepted Defendant's offer discussed in paragraph eight (8) and billed his manpower for November at twenty-five ($25.00) dollars per hour. 10. On December 28, 2000, Defendant replaced Plaintiff as construction manager. 11. On December 31, 2000, Plaintiff told Defendant their contract was over as he had been replaced. 12. Defendant owes Plaintiff nine thousand ($9,000.00) for services performed under the written contract from June 1, 2000 through December 31, 2000. 13. Defendant owes Plaintiff two thousand seven hundred forty-one dollars and twenty-nine cents ($2,741.29) for material provided under the oral contract from June Ol, 2000 through December 31, 2000. 14. Defendant owes Plaintiff twenty-three thousand one hundred fifty dollars and fifty cents ($23,150.50) dollars for manpower provided under the oral contract from June O1, 2000 through December 31, 2000. 15. Defendant paid Plaintiff twenty-six thousand nine hundred twenty-one dollars and thirty-four cents ($26,921.34) through December 31, 2001 and had refused to pay him any more. WHEREFORE, Plaintiff demands judgment in the amount of seven thousand nine hundred seventy dollars and forty-five cents ($7,970.45) dollars which represents the sum due under the contacts. Respectfully submitted, DISSINGER AND DISSINGER V~ - - Matthew D. Stro m, Esquire Attorney for Plaintiff Supreme Court ID # 76724 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, William E. Witter, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904 relating to unsworn falsification. William E. Witter, Plaintiff r~ ~- _ ~_ r~ ~ F ~ it 1.1 ~ -G v, - - ~ ~ c. ~. t _-; ~_ rt i `~ ~~; ~i_ h aP ~~ L• a '~ - & _ _ ... . .. ~d54Y£+SiiS~P?IS?' tt' ~.llPY A~~-Fit .pu-'by'+'K d`~Y ~15~(a_WS+S., - 't':el'R`cwP'vK:~ _ _. William E. Witter V3. Orlando Moldanaldo Patsy Moldanaldo Dear Sir or Madame: In she Court of Coasmon Pleas of Cumliesland County, Peansyh•ani>. Na. 01-5051--------------- Civil. .19____-- Please dismiss the complaint filed to the above captioned cash. To ~_,~_____~_--------~-___-_~~__-____ Proshonotary -_- i9--2001 1~1SS' Dissinger William` C. DissingerAtLCrary for Plainsiff. ~~~ -.,; .i i ,'~~y`ia 4~ ~. ~, ,' ~. ~ } ~S~V~~1~~ ~~` •\~. Filed _ Term, 19______ PRAECIPE 19______ _. _, atty. e ~~F+i%RdnA~51wNXm~~'~aµx5e~a~ma~aFS.•uw.t^ nvw~x"ffiuas%~YR9H^!~3eeuasnar. >._,. p, ,., r..,.:.~:: a .r ~JZ3StN'3 : SHxRIFF'S RETURN - OUT OF COUNTY a r CASE NO: 2001-05051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WITTER WILLIAM E VS MOLDANALDO ORLANDO ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MOLDANALDO ORLANDO but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK _ ___ County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 8th 2001 this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York Co .00 93.12 10/08/2001 DISSINGER & DISSINGER Sheriff or Deputy Sheriff who being So answer 'V 18.00 - 9.00 ' 10.00 R. T omas Kline 56.12 Sheriff of Cumberland County Sworn and subscribed to before me this ~a `~ day of ~e~o~e„r ~Zaai A.D. ~,,. (~ ,o ., , ~' Prothono ar SHERIFF'S RETURN - OUT OF COUNTY ' 7 CASE N0: 2001-05051 P COIfIMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WITTER WILLIAM E VS MOLDANALDO ORLANDO ET AL 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 MOLDANALDO PATSY but was unable to locate Her deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On October 8th 2001 this office was in receipt of the attached return from YORK Sheriff's Costs: So answe -~' Docketing 6.00 ~~- Out of County .00 Surcharge 10.00 R. T omas Kline .00 Sheriff of Cumberland County .00 16.00 10/08/2001 DISSINGER & DISSINGER Sworn and subscribed to before me this /d,~ day of ~~ ~~ ~ 7'1 ~ J A_P.O.U,~ A Prothonot ry to wit: in his bailiwick. He therefore A ~/~ a,n COUNTY OF YORK ~ OFFICE OF THE SHERIFF S(R )I 71 9 OIL 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 7. PLAINTIFF/S/ William E. Witter 3. DEFENDANT/S/ Orlando Moldanaldo and Patsv Moldanaldo z. TYPE OF WRIT OR COMPLAINT Notice & Comp S~ E 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, EIC. 1 O JtNVt OR DESCRIPTION OF PROPERTY TO BE LEVIED, ivl Ivuntu, vrt auc~. Orlando Moldanaldo 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 70 Acomo Drive Dillsburg, PA 17019 7. INDICATE SERVICE: ^ PERSONAL ^ PERSON IN CHARGE X}$DEPUTIZE ~.CER7. MAI~ a O 1ST CLASS MAIL ^ POSTED O OTHER NOW A,~~ ,~+ zn , 20~~ I, SHERIFF OFb~&C COUNTY, PA, o hereby deputize the sheriff of York COUNTY to execute thi ~ ake return •according to law. This deputization being made at the request and risk of the plaintiff. _~ SHERIFF OF COUNTY e. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Clmlt3erland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN • Any deputy sheriff levying upon or attaching any property untler wtthin cant may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, desUUdion, or removal of any property before shedfrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED MATTHEW D. STROHM ESQ. 28 N. 32nd ST. CMP HILL, PA 17011 10.00 33.12 52.12 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). SHERIFF OF CUMBERLAND CO, . - - ~ .. 13. I acknowletlge receipt of the writ 14. DATE RECEIVED ry15$E><piretion/Hearing Date or complaint as indicated above. R. AHRENS 9-5-O1 9-30-O1 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locale Me individual, company, etc. nametl above. (See remarks below.) 19. AME AND TITLE OF INDIVIDUAL SERVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relagonship to Defendant) 19. Date of Service 20. Time of Service 21. ATTEMPTS Date Ti Mil I ryD~te Time Miles In[. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. ~~,1 Y1~ .I,a ta.u ~S >` r 975-2840 ~ 8-31-O1 56.12 ~,~I61 43.88 _ ib 23. ~Q~®7~Fpsts 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pountl 30. Notary 31. Surchg. 32. lot. Costs 33. Costs Due Refun Check No. RSY®®X 9.00 3tiC~tX 4.00 X$RR$X X~gXX~ 5' 34. Foreign County Costs 35. Atlvance osts 36. Service Costs 37. Notary Cert. 39. MileagelPOStageMot Found 39. Total Costs 40. Costs Due or Refund 47 AFFIRMF ¢d subscribed to before rr e ihis 0 SO ANSWERS . • „g T l UUII ~I UU q4, Signature of 45 DATE .. 42. tlay of , 20 _ 43. Dep. Sheriff . - AFtIAL.5i^At~ TAR 46. Signature of York - 47. DATE rr1~L188A,J.3HpFFE~f,'~-p~rpOp~ Coun Shedff 41ILLI~AM ~y,ty hf ~ ~ M. HOSE 10-3-O1 E 2 '~-' 48. Signature of Foreign 49. DATE County Sheriff uv~n~uorl ur lnc an ra rteiuttrv JwNXlUttt I51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORI DTITLE 1. WHITE-Issuing Authority 2. PINK-Attorney 3. CANARY-Sheriffs Office 4. BLUE-Shenfrs ORce -I-- .- -=,c~z.rceer~ ..~~.~.,,.vrem.www=v-^..r~:.,xw.rFn!rrNaa+BM+e.~®ws~:.mn.~. „n. .ann~'rc«um~s~e .. .. _ .,..:.a~+.~.,. .sP,-E..,~„mom: ~W. l"'~ COUNTY OF YORK ~~~"' E OFFICE OF THE SHERIFF SER~ICEC"LL (717) 771-9601 28 FAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE `~ ~ ~ ~ ~ ~ ~ ~ €' ~~ PROCESS RECEIPTand AFFIDAVIT OF RETURN - ~.3 y ~ x 1. PLAINTIFF/S/ 2. P~'!~tN!1MB~ivil S~ E AT 4. TYPE OF WRIT OR COMPLAINT ~S/ c~rlandc> t~?c>lc3atrrslf:~~~ ~a3 Patsy NSOldanaldo t~~ti.~,e & C;~rplain± - 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. f Orlando hiClddnald0 1 e. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO ,CITY, BORO, TWP ,STATE AND ZIP CODE) '70 Acr~tnr~ Dl:ive,, Di.1.1s1^rurgp 1?~,, ?-7019 7. INDICATE SERVICE: ^ PERSONAL 0 PERSON IN_ CHARGE 7+84~T9EPUT2E ^t c'~r~nly aD~ O 1ST CLASS MAIL O POSTED ^ OTHER NOW A1rt71rst "s0 , 20f_)_L I, SHERIFF OF 1 COUNTY, PFy do hereby deputize the sheriff of y"xk_ : Q _~ ~ _ COiJ@{TY 115 ex~tu 1~' ~~tur ~fSfar~ording to law. This.deputlzation being made abthe request and risk o~ the plaintiff. ~ SHERIFF OF C COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ran OUT Of COUNTY G!!NBERLAND ADVA?vCf_D t~EE P,4iD BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN • Any deputy sheriff levying upon or attaching any property under within writ may leave same - without awatchmahr in custody of whomever is found in possession; afternotiryingperson of levy or attachment, whhout IiaWlity on the part of such tlepuly or fhe shenffto~auy plaintiff herein for any loss, destrudion, or removal of arty property before sherig~ sate thereof. - - - 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR`and SIGNATURE ~ 10. TELEPHONE NUMBER - t?: DATE FILED MATTHEW `f. ,STF{i}{M FgQ, 2B N. 32nd ,ST, CLIP HILL, PA 17011` 975-2$413^ 8-3I~01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must ire completed rf nogce isle be mailed) SHERIFF OF CUE<1BERLrkND CO. 13. I acknowletlge receipt of me wrh 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. R. AHRENS ~ 9'5-Ol 9-30-O1 l6. HOW SERVED. PERSONAL ( ) RESIDENCE( ) '` PO$TEDj) ; ' POEM ) SHERIFF'S OFFICE (,) OTHER ( ), SEE REMARKS BELOW 17 , I hereby certiy and return a NOT FOUND because I am unable to locate Me individual, company, etc. named above. (See remarks below.) 1a. 'AME AND TITLE OFINDIVIDUAL SERVED/LIST ADDRESS.HERE IFNOT SHOWN ABOVE (RelaOOnship to Defentlanl) 19. Date of Service 20. Time of Service 21. ATTEMPTS l)a[e cp Ti a ~ L Mil {{ f Da~e~ a Time Miles I -Int. Date Time Miles Irit Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. i # { y ,A -"~i1 1. J I f. j V r t ~ ~ et -P'' ~ g 6' s' t" ~:,.~. 22. REMARKS .,~- W~ 10.00 :53.12 52.I2 (~~ t} 56.12 x}3.58 'Y~ 1 23. tAQ(c~sts 24. Service Costs 25. N!F 25.-Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Ta. Cods 33. Costs Due a Refund Cnec No a ~Y~NX 9.00 ~., 3{it~~i( ~.# 4.00 Y4~.i{X£S]t X~~Xt{{~ i ~ 34. Foreign County Costs 35. Advance Costs 35. Service Costs 37. Notary Cert. 38. Mileage/P.ostagelNOl Found 38. Total Costs 40. Costs Due or Refuntl 4t.AFFIRMED,Tgtl sutascntied to beYbre mpl iJris Z UU - - S naN f SO ANSWERS - 77 f4 42. tlaY of t' ~ , 20 ~~ 3. -' re o -, Dep. Sheriff - - ~ - 45. DATE - - - ,- BROTH /NOTAR ~ . ~ 48 Signature ofYOrk , _, - ~c Shang _ .. A. 47 DATE i/~ ~ ~ ~ ~ ~~~ f ~ ~ " ' l ~ x T 48' ~ ri O ature of foreign- 49. DATE ~ '~ ~ - - ~ ~ L ~.~ ;f County Shang ;~'•" "~ '° ~~,Xp;l6ia . 51. OATS RECEIVED F AUTHORIZED ISSUING AUTHORITYA D TITLE t. WHITE-Issuing Authority 2. PINK-Attorney 3. CANARY-Sheriffs Qffice 4. BLUE-Sherdrs Office , s''p;i. I ~~ Z COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. 3. DEFENDANT/S/ ADVANCED FEE PAID BY SHERIFF S~ E 5. NAME OF INDMDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Patsy Moldanaldo 6. ADDRESS (STREET OR RFO WffFi BOX NUMBER, APT. NO., CITY, BORO, 7WP., STATE AND ZIP CODE) AT 70 Acano Drive Dillsbtarg, PA 17019 7. INDICATE SERVICE: ^ PERSONAL ^ PERSON IN CHARGE }DEPUTIZE ^ ERT. IL ^ 1ST CLASS MAIL - ^ POSTED ^ OTHER NOW Auqust 30 20 Ol I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this a Ynake return according to law. This deputization being made at the request and risk of the plaintiff. ~ ,. ,~/ ~e.P 8. Ctmlberland OUT OF COUNTY CUMBERLAND NOYE: ONLY APPLICABLE ON WRR OF EXECUTION: N.B. WAIVER OF WATCHNAN -Any deputy sheriff levying upon or attaching any property under within wnt may leave same whhout a watchman, in custody of whomever is found in possession, after noM1rying person of levy or attachment, without liability on the part~f such deputy or the sheriff to any plaintiff herein for any loss, desWdion, or removal of any pmperry before sherXPS sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED MATTHEW D. STROHM 8-31-O1 SHERIFF OF CUMBERLAND CO. (r ms area musr ce compiereo rt nonce rs ro oe mantic/. 13. I acknowledge receipt of Me writ 14. DATE RECEIVED 15. Fxpiretion/Hearing Date or complaint as indicated above. R. AHRENS 9-5-O1 9-30-01 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. I hereby cerery and relum a NOT FOUND beceuse I am unable to locate the individual, cempany, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDMDUAL SERVED /LIST ADDRESS HERE IF NOT SHOWN"ABOVE (Relationship to Defendant) 119. Date of Service 120. Time of Service l 22. U William E. Witter 2. SERVICE CALL (717) 771-9601 4. TYPE OF WRIT OR COMPLAINT Orlando Moldanaldo and Patsy Moldanaldo ~ Notice & Canplaint IrR I Date I Time I Miles I Int. I Date I Time Miles I Int. I Date I Time Time 23. Advance Costs 24. Service Costs 25. NIF 26. Mileage 27. Postage 28. Sub Total ~ 29. Pound 30. Noary 31. Surchg. 32. Tot. Costs 33. COSLS Due a Refund Check No. 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary CerL 38. Mileage/POStage/Not Found 39. Total Costs 40. Costs Due or Refund 41 AFFIRM d subscribed to before me this 3 SO ANSWERS . 42. tlay of ~ ~ , 20 ~ 143. 44. SignaWre of pep Sheriff 45. DATE . ° ~ NOTAfiIAL SEAL DdEUyl. SF(AFF€fi; ~- ~. p~ `Ci ofY ", ~• ty ~~ ' 48. Signabrre of York County Sheriff WILLIAM M. HOSE 47. DATE 10-3-O1 • d t itissio E ,• 48. SgnaWre of Foreign County Sheriff 49. DATE r i v. ,..~ ~ u rcu vrcn ararwr urce 151. DATE RECEIVED AUTHORIZED ISSUING AUTROR A DTRLE 1. WHITE -Issuing AuOrorny 2. PfNK - Atlpney 3. CANARY - SheriRs Olfice 4. BLUE -Sheriffs ONce ,,. 3. S~ E A7 7. INDICATE 1dilli.iarn E. 4uit:ter 2. 4. TYPE OF WRIT OR COMPLAINT !3ri.ando tKoldansldc and Patsy Moldanaldo Notice & Canplaint ,- 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Patsy Moldanaldo 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) 70 Acamc:; Drive l~illsttxsre-g, PA 17019 NOW USG' ,, 2~ I, SHERIFF OF Y$ YGrk COUNTY to exE to law, This.deptdtization being made at the request and risk of the plainkiff. _ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ~~ ^ 1ST CLASS MAIL ^ POSTED ~ OTHER COUNTY, P/j,, do hereby deyuy~e the sheriff of OUT OF COUNTY CUMBERLAND ADGANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within wdt may leavesame without a watchman, in custotly of whomever is- ound in possession, after notifying person of levy ocattachment, wtthou[ liability on the part of such-deputy or the sheriff to any plaintiff herein for arty loss, destruction, or removal of a~y property before shedffs sate thereof. 9. TYPB NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE - 10. TELEPHONE NUMBER N. DATE FILED n - MAT7i;EW 8. STROHM i ~?° 8-31-01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: Qhis area must he completed if notice is W he mailedl ~~=':ERIFF OF CUMBERLAND CO. .~.... ,. ~. .. - ,- ,. ~ ~ ~ ~~~~T~~~~ 13, lacknowlsdge receipt of the writ 14. DATE RECEIVED ~ iS.~Expiration/Hearing Date or complaint as indicated above. R. AHREN$ 9-5-D1 9-3D-Ol 16. HOW SERVED: PERSONAL ( ) ~ - RESIDENCE( ) ~ ~ ; POSTE[;{ -) ,.'- - POE( ). - ,: SHERIFF'S OFFICE ( ) ~ -OTHER ( j -SEE REMARKS BELOW 17. I hereby certify and returns NOT FOUND because I am unable to locate the intlividual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDMDUAL SERVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendan0 1 19. Date of Service 1 20. Time of Service 21. ATTEMPTSI Da'e IJ Timed ~tilps) I In ~p8t~ I~bmS-il Miles I ant I Date Time I Miles Int. I Date Time I Miles Int. I Date (Time I Miles I Int. ~ Date Time I Miles I Int. 22. REMARKS 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surohg. 32. Tot. Costs 33. Costs Due a Refuntl check No 34. ForeigaCOUnty Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/POStage/NOt Found 39. Total Costs 40. Costs Due or Refund ' 41 AFFIRMER otl su~schlied to~befo e me This ~ SO ANSWERS ) . ~ l Ul, # , {~ 42. day of , 20 1'43." "'~''~ 44. Signature dF ~!- '~ Dep. Shenff 45 DATE P ROTH 0.T ~, q6 Signature of York ~ 47. DATE County Shenff 'tJILLL=;t% y H r £rr ' % ' `~ < ~ s I l e. G~ t ; L ~ G'"`>';g 1 `~ i0 3 O1 _._ - - ~' E ~ ~ ~ ~'//'~~~;~ 1` ~' ~ ~ 6~ + / Pi" ^ 48. Signature of Foreign C She iff l 49. DATE 43~f ,1 - . - oon r y n,v a.~i.n, ~n~ 15l. DAI t HEGENEU F AUTHORIZEDlSSU1NG AUTHORI A DTITLE i. WHITE -Issuing Authority 2. PINK -Attorney 3. CANARY -Sheriffs Office 4. BLUE -Sheriffs Office 3 WILLIAM E. WITTER, Plaintiff vs. ORLANDO MOLDANALDO, and PATSY MOLDANALDO, Defendant Y r N O T I C E T O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA r --_ c -- CIVIL ACTION AT LAW -oc- rn; r"> r .,a //~~ ~~~~ ~~ czgL.;~ . , ~, NO . C~ / - 5v Sam/ l_duzY ~~:'F'-~- - D E F E N D %'~ r 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 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. k YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELE~IONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGALr:'. r ~~ HELP. ~ -~ - ~ ;.. CIl :3 G~ Cumberland County Court House =' ~-= Court Administrator ~ ~ =-~ _~ 1 Courthouse Square Carlisle, PA 17013-3387 -" _:, (717) 240-6200 0 ~" C ~~ ~QObt ~E~~~ Matthew D. Strohm, Esquire -ywhereol,IhereU~aetmyhan® Attorney for Plaintiff ~ ~ a ~ , WILLIAM E. WITTER, Plaintiff vs. ORLANDO MOLDANALDO, and PATSY MOLDANALDO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW N0. !~/- ,.56.3 / ~ ~i--. COMPLAINT AND NOW comes the Plaintiff, William E. Witter, by and through their attorneys, Dissinger and Dissinger, and represent the following: 1. The Plaintiff is William E. Witter, who resides at 75 Second Street, West Fairview, Cumberland County, Pennsylvania, 17025. 2. The Defendants are Orlando and Patsy Moldanaldo, who reside at 70 Acomo Urive, Dillsburg, York County, Pennsylvania, 17019. 3. On May 02, 2000, Plaintiff and Defendants entered into a written contract in which Plaintiff would act as the construction manager of work to be done on a new house located at 31 Union Church Road, Dillsburg, York County, Pennsylvania, 17019. (See contract attached as Exhibit "A".) 4. Plaintiff was to be paid one thousand five hundred ($1,500.00) dollars per month under the contract. 5. From June O1, 2000 until December 31, 2000, Plaintiff performed work under the contract. 6. In June of 2000, Plaintiff and Defendants also entered \ ~ ~ j into an oral contract where Plaintiff agreed to provide materials and manpower for building the new house. 7. Under the oral contract, Defendant agreed to pay for the materials and pay fifteen ($15.00) dollars per hour for manpower. 8. In October of 2000, Defendant offered to pay twenty- five ($25.00) dollars per hour for manpower for the month on November if Plaintiff devoted "all the manpower he could" to the project. 9. Plaintiff accepted Defendant's offer discussed in paragraph eight (8) and billed his manpower for November at ~ twenty-five ($25.00) dollars per hour. II 10. On December 28, 2000, Defendant replaced Plaintiff as construction manager. 11. On December 31, 2000, Plaintiff told Defendant their contract was over as he had been replaced. 12. Defendant owes Plaintiff nine thousand ($9,000.00) for services performed under the written contract from June 1, 2000 through December 31, 2000. 13. Defendant owes Plaintiff two thousand seven hundred forty-one dollars and twenty-nine cents ($2,741.29) for material provided under the oral contract from June O1, 2000 through December 31, 2000. 14. Defendant owes Plaintiff twenty-three thousand one hundred fifty dollars and fifty cents ($23,150.50) dollars for manpower provided under the oral contract from June O1, 2000 r . ~ through December 31, 2000. 15. Defendant paid Plaintiff twenty-six thousand nine hundred twenty-one dollars and thirty-four cents ($26,921.34) through December 31, 2001 and had refused to pay him any more. WHEREFORE, Plaintiff demands judgment in the amount of seven thousand nine hundred seventy dollars and forty-five cents ($7,970.45) dollars which represents the sum due under the contacts. Respectfully submitted, DISSINGER AND O r Matthew D. Stro m, Esquire Attorney for Plaintiff Supreme Court ID # 76724 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 ~ a. }~ i. L VERIFICATION I, William E. Witter, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904 relating to unsworn falsification. William E. Witter, Plaintiff WILLIAM E. WITTER, Plaintiff vs. ORLANDO MOLDANALDO, and PATSY MOLDANALDO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW N O T I C E T O D E F E N D 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 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 rtant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL~HONEc-, OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET;fiEGAI,:`: -v _, ~% - ~P. r ; c7 v~-~ c . "~= ~. Cumberland County Court House --c -n v' __° Court Administrator ~, 1 Courthouse Square v -- Carlisle, PA 17013-3387 cn "~ (717) 240-6200 ° mT.~~g~nypeetmyha~atthew D. Stroup, Esquire ~)ndt11889~Of 38~d . Pa. Attorney for Plaintiff fh a e aY a-=~ y~~-~- .. COMPLAINT AND NOW comes the Plaintiff, William E. Witter, by and i through their attorneys, Dissinger and Dissinger, and represent the following: I~ 1. The Plaintiff is William E. Witter, who resides at 75 'Second Street, West Fairview, Cumberland County, Pennsylvania, 17025. 2. The Defendants are Orlando and Patsy Moldanaldo, who reside at 70 Acomo Drive, Dillsburg, York County, Pennsylvania, 17019. ,, WILLIAM E. WITTER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION AT LAW ORLANDO MOLDANALDO, and PATSY MOLDANALDO, Defendant N0. ~ l- ,S7j5/ ~c,~cx ~~ 3. On May 02, 2000, Plaintiff and Defendants entered into a written contract in which Plaintiff would act as the construction manager of work to be done on a new house located at 31 Union Church Road, Dillsburg, York County, Pennsylvania, 17019. (See contract attached as Exhibit "A".) 4. Plaintiff was to be paid one thousand five hundred ($1,500.00) dollars per month under the contract. 5. From June O1, 2000 until December 31, 2000, Plaintiff performed work under the contract. 6. In June of 2000, Plaintiff and Defendants also entered into an oral contract where Plaintiff agreed to provide materials and manpower for building the new house. 7. Under the oral contract, Defendant agreed to pay for the materials and pay fifteen ($15.00) dollars per hour for manpower. 8. In October of 2000, Defendant offered to pay twenty- five ($25.00) dollars per hour for manpower for the month on November if Plaintiff devoted "all the manpower he could" to the project. 9. Plaintiff accepted Defendant's offer discussed in paragraph eight (8) and billed his manpower for November at twenty-five ($25.00) dollars per hour. 10. On December 28, 2000, Defendant replaced Plaintiff as construction manager. 11. On December 31, 2000, Plaintiff told Defendant their contract was over as he had been replaced. 12. Defendant owes Plaintiff nine thousand ($9,000.00) for services performed under the written contract from June 1, 2000 through December 31, 2000. 13. Defendant owes Plaintiff two thousand seven hundred forty-one dollars and twenty-nine cents ($2,741.29) for material provided under the oral contract from June O1, 2000 through December 31, 2000. 14. Defendant owes Plaintiff twenty-three thousand one hundred fifty dollars and fifty cents ($23,150.50) dollars for manpower provided under the oral contract from June O1, 2000 i through December 31, 2000. 15. Defendant paid Plaintiff twenty-six thousand nine hundred twenty-one dollars and thirty-four cents ($26,921.34) through December 31, 2001 and had refused to pay him any more. WHEREFORE, Plaintiff demands judgment in the amount of seven thousand nine hundred seventy dollars and forty-five cents ($7,970.45) dollars which represents the sum due under the contacts. Respectfully submitted, DISSINGER AND DIS5INGER Matthew D. tro , Esquire Attorney for Plaintiff Supreme Court ID # 76724 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 e I VERIFICATION I, William E. Witter, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904 relating to unsworn falsification. V ~ ~ I/A~- William E. Witter, Plaintiff i+ i n Ci i ;, . ',ks 9dltiar~.- ;.