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Home My WebLink About01-06975 fri 1 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNEST A. CLA WSER, ill d/b/a CLA WSER CONSTRUCTION, MECHANICS' LIEN NO. O~ - tl,91S fYU.J) T~ Claimant, DOUGLAS B. DANKO and JOAN DANKO, Owners. MECHANICS' LIEN CLAIM The Claimant, Ernest A. Clawser, III d/b/a Clawser Construction ("Clawser"), by and through his attorneys, Gates & Associates, P.C. makes the following claim: 1. Clawser is a contractor with his principle offices located at 1341 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, 2, Douglas B. Danko and Joan Danko ("Owners") are adult individuals currently residing at 1123 Dry Powder Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3, The property and improvements thereto subject to this claim is commonly identified as 1123 Dry Powder Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 ("Property"). 4, Upon information and belief, the Property is owned by the Owners. 5. On September 5, 2001, Owners and Clawser entered into an agreement ("Agreement") for the replacement and installation of a new front door on the Property. A true and correct copy of said agreement is attached hereto as Exhibit "A." 6, The labor and materials for which the debt is due were furnished for the agreed sum of$4,780.87, .:)~-l>.Wll1lf"'e'~.,"c__ 1 'I.. ,~""" ._' ;!!,,,,..'n ~ I"'~' , r'" """1[", '-::~: ,-."( '"[ ,- ~"" < .., ~-~ ~ 7, The labor and materials for which the debt is due consisted, inter alla, of replacing and installing the front door and door frame ofthe Property in accordance with th4 terms of the Agreement. 8, Clawser completed the work on the Property pursuant to the terms of the Agreement in or about October, 2001. 9. This claim was filed within four (4) months of the completion of the work pursuant to the Agreement and in accordance with 49 P.S, 9 1502, 10, Clawser has been paid Two Thousand Three Hundred Ninety and 44/100 ($2,390.44) Dollars towards the debt and there is due and owing a balance of Two Thousand Three Hundred Ninety alld. 43/1 00 ($2,390.43) Dollars due on the Agreement and attorney's fees as provided in the contract. Respectfully submitted, GATES & ASSOCIATES, P.C. ~~ Albert N. Peterlin, Esquire Attorney I.D. No. 84180 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 (717) 731-9600 (Attorneys for Claimant) DATED: December 10, 2001 '\i!.!,,'1:.l!,!~~~ ~ .,'"t""""" _,. ',h' ~. ,~, - ,"' - ~ ~ ~,. .~ - .~ ~ .. '"'-'>.', '<".'Y ,,~" ',' .,,, -,",,-~''-t['iril~ "''f'lii1~:~';.,u'tMrlIWUCTrrr' :r" ';'k'-J~{lr't~'~_:~! . ,,-. ~ (.) .t(). f[ --C 0 0' ('] C:" C) ~ "- ........ c: " ........ - f! ;~-:-~ L::'-::> --0 ~ -JC:I'; 1''1 rrJf; .'~". 6' 2:::'L 0) --J 7-. C~.- (/).::.; ~ -<:.- ~ ~2 P-o ,j ...- l... " .::~ "':..~- :;~ :'D C.) -< " ".~ , ,~ ,. 1;[-,. "~ ,'" ,: ,"' "'''!I,,"_J!ffi'''!Y~ .)~~ilf~~_~~I~jJ,'!l'ir~p;,;~~;~'K\;-'!'5Y,,";<;;W'T"'~""-1;1"_"~'"'\e.:;j!i'~"'Wi~&JIiR"f€i'JGiil'~,"'~j!f"~;w.jF'iilK%1!'.1".~q~,~~~Ijjjifi!W~~' <iT "' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNEST A. CLA. WSER, ill d/b/a CLA. WSER CONSTRUCTION, MECHANICS' LIEN NO. 01-6975 MDL TERM Claimant, DOUGLAS B. DANKO and JOAN DANKO, Owners. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND Be it known, that on the 3'd day of January, 2002, before me, the subscriber, a Notary Public, personally appeared ALBERT N. PETERLIN, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania, and I am employed by the law firm of Gates, Halbruner & Hatch, P,C" formally known as Gates & Associates, P,C" Lemoyne, Pennsylvania, 2. My firm represents Ernest A. Clawser, III, the claimant in this matter. 3, On December 26, 2001, Deputy Sheriff of Cumberland County, Pennsylvania, Dawn L Kell served a true and correct copy of claimant's Mechanics Lien Claim upon Joan Danko, via hand delivery, at her and Douglas B. Danko's place of residence commonly identified as 1123 Powder Circle, Mechanicsburg, Cumberland County, Pennsylvania, See attached Exhibit "A." 4. On December 26, 2001, Deputy Sheriff of Cumberland County, Pennsylvania, "~~T ^"~ '"'_ Dawn L Kell served atrue and correct copy of claimant's Mechanics Lien Claim upon Douglas B. Danko, by hand delivery to Joan Danko, at Douglas B, Danko and Joan Danko's place of residence commonly identified as 1123 Powder Circle, Mechanicsburg, Cumberland County, Pennsylvania, See attached Exhibit "B." ~tjJi) Ill. ~ A1be~terlin SWORN AND SUBSCRIBED before me, a Notary Public, this 3m day of January, 2002, otWcuJWJ Notary Public My Commission Expires: ~ Notarial Seal Teri L. Walker, Notary Public Lemoyne Boro, Cumberland County My Commission Expires Jan, 20, 2003 Member, Pennsylvania Association of Notaries 2 e.;~l'L__ '_"_ ~m_ ~I" , , ^~~- '. .' EXHIBIT "A" i'~!l'{11fi.!I~r, ,,>~,,~ _ _ _~ -f _ ,_ , _, _, ",_' "_ _. . ~. .__0', ~, ;f' > " , , CASE NO: 2001-06975 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CIAWSER ERNEST A III D/B/A CL VS DP.NKO DOUGLAS B ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon DANKO JOAN the OWNER , at 1130:00 HOURS, on the 26th day of December, 2001 at 1123 DRY POWDER CIRCLE MECHANICSBURG, PA 17050 by handing to JOAN DANKO a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service },ffidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: . ~~~?~;~:~;"';:~:;:::(_~2'~<_' , R; Thomas Kline 12/27/2001 GATES & ASSOC. Sworn and Subscribed to before By: O~m J, ~ Deputy Sheriff me this day of A.D. Prothonotary ':-'1!!&'~ ,--.< """"!' " ." " --:'-"- -, -T<1~,j1'JJ_,v", _'__,,,,,"[",,_~ ' -~ ", , -'. > EXHIBIT "B" .' ,.,..., - ~, CASE NO: 2001-06975 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLAWSER ERNEST A III D/B/ACL VS DANKO DOUGLAS B ET AL DAWN KELL t"-~, ..... , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM DANKO DOUGLAS B was served upon the OWNER at 1130:00 HOURS, on the 26th day of December, 2001 at 1123 DRY POWDER CIRCLE MECHANICSBURG, PA 17050 JOAN DANKO by handing to a true and attested copy of MECHANICS LIEN CLAIM t0gether with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service l~ffidavi t surcharge 18.00 7.15 .00 10.00 .00 35.15 Sworn and Subscribed to before me this day of A.D. Prothonotary -"",!,!WiMf~~ So Answers: AP' ".."",,~;,7 . 1~ ;;_t~~:;.<~~-,D<':-",o::;~: ~.:~/:~<;{<~ .. ,.,.)'1' ,":~_/"':-l;" if R. Thomas Kline 12/27/2001 GATES & ASSOC. By: bQu."1I .~. 1(oM Deputy Sheriff \ ,," .' '~H~~ ~ o ~; <- ~)f;;:=; nl(i' ;~ -- U; ~~ c;- ~1,;2, )>~ L :<! ~::J- j"v E5 f!4/ -, '.::;~ ~:~: "- ~ " "'0 ~ -- "c'"T! -;=-\-::' ';_~::~l ..1_ ,~:.--l ;2t~ tsni --; ~;:-. ).J -< r:-? f:" (}1 '- . ","~JiI!!IIi1~ ijH~~_,~~J,!"L,I1:~;wJ::'.,Wt'~~iL~~!lIl1~!\i;!IJI~;r~~~~+~m"j"~rf~_~~~"":-;~1R';.F:"'-~';"',,,,\ i';,P?'1ii''-!:f'i''n_,~;1;.$\W.1;f,j'f.5'':;;{""v,~,,-,';'; ^c~;'itf""i~~,,,~~,"~r,~~i[:;: !ii SHERIFF'S RETURN - REGULAR ^ ~AS~ NO: 2001-06975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLAWSER ERNEST A III D/B/A CL VS D~KO DOUGLAS B ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn acccprding to law, says, the within MECHANICS LIEN CLAIM was served up<pn DANKO DOUGLAS B the OWNER , at 1130:00 HOURS, on the 26th day of Detember , 2001 at 1123 DRY POWDER CIRCLE MECHANICSBURG, PA 17050 by handing to JOAN DANKO a true and attested copy of MECHANICS LIEN CLAIM toj,ether with , and at the same time directing Her attention to the cont~nts thereof. Sheriff's Costs: Docketin9 Service Affidavit Surcharge 18.00 7.15 .00 10.00 .00 35.15 So Answers: r~~~~ R. Thomas Kline 12/27/2001 GATES & ASSOC. Sworn and Subscribed to before By: b<1W1'\ ~., k'QOl Deputy Shedff me this .1AwL day of q,",wn'J duo.vA.D. L},!!,. () l1t,il'd, 4!.4If r thonotary ~"Pil!,f.;j!'~ ~=, . " ,~ 1'" ,'f""""I-~~~ "" .,,~.,-- ~ij SHERIFF'S RETURN - REGULAR ~ ~"~ASE: NO: 2001-06975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLAWSER ERNEST A III D/B/A CL VS D~KO DOUGLAS B ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon DANKO JOAN the , at 1130:00 HOURS, on the 26th day of December, 2001 OWNER at 1123 DRY POWDER CIRCLE M.ECHANICSBURG, PA 17050 by handing to JOAN DANKO a true and attested copy of MECHANICS LIEN CLAIM to,:!ether with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answer~: ~%~-u:~. R. Thomas Kline 12/27/2001 GATES & ASSOC. Sworn and Subscribed to before By: OlUtm J. ~ Deputy Sheriff me this ;;(.A<-<i. day of r;",Cf. ~~ A.D. ~u Q. )u ei. ; #. rothonotary , "'~",;,.-..-"1!'~~ , , !~:'" -- .-, ~""""'!""~,' ~, " !' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNEST A. CLA WSER, m d/b/a CLA WSER CONSTRUCTION, Plaintiff, v. DOUGLAS B. DANKO and JOAN DANKO, Defendants. MECHANICS' LIEN NO. 01-6975 MDL TERM NOTICE TO DEFEND 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 and objections to the claims set forth against you. You are warned that if you fail to do so the case may proce~d without you and a judgment may be entered against yon 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GOTO 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 c;~,:f",:::ln,. ~ " . ""',,' -- .,-" , AVISO USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notifcacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentada aqui en contra suya, Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder siu usted y un fallo por cuaiquier Sunlll de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adiciouai. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA ALA SIGUIENTE OFICINA PARA A VERIGUAR Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 J . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNEST A. CLA WSER, ill d/b/a CLA WSER CONSTRUCTION, MECHANICS' LIEN NO. 01-6975 MDL TERM Plaintiff, v. DOUGLAS B. DANKO and JOAN DANKO, Defendants. COMPLAINT The Plaintiff, Ernest A Clawser, III d/b/a Clawser Construction ("Clawser"), by and through his attorneys, Gates, Halbruner & Hatch, P.C. files the following Complaint, and in support thereof avers as follows: 1, Clawser is a contractor with his principle offices located at 1341 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, 2, Douglas B. Danko and Joan Danko are adult individuals currently residing at 1123 Dry Powder Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050, 3. The property and improvements thereto subject to this Complaint is commonly identified as 1123 Dry Powder Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 ("Property") , 4, Upon information and belief, the Property is owned by the Defendants. 5. On September 5, 2001, Defendants and Clawser entered into an agreement ("Agreement") for certain enumerated services regarding the replacement and installation of a new front door on the Property. A true and correct copy of said agreement is attached hereto as <"B>Y~lf' , ~"~".~> "', ..,-.h ,___ " ,_, _~. ,e_ ,r,' _ " " ".." ~ TT"'" } Exhibit "A" 6. The labor and materials for which the debt is due were furnished for the agreed sum of $4,780,87. 7. The labor and materials for which the debt is due consisted, inter alia, of replacing and installing the front door and door frame ofthe Property in accordance with the terms of the Agreement. 8, Clawser completed the work on the Property pursuant to the terms of the Agreement in or about October, 200L 9. Clawser has been paid Two Thousand Three Hundred Ninety and 44/100 ($2,390.44) Dollars towards the debt. 10. There is remaining balance of Two Thousand Three Hundred Ninety and 43/100 ($2,390.43) Dollars due and owing to Clawser pursuant to the terms of the Agreement.. 11, Defendants have insisted that Clawser provide additional services to Defendants and for Clawser to prosecute additional work, services and work that are outside the bounds of the Agreement, before Defendants will pay the balance due on the services already provided by Clawser to the Defendants pursuant to the Agreement. 12, Clawser is unable to provide additional services to Defendants, even if the Defendants expressed a willingness to actually compensate Clawser for the additional services, as a result of a physical altercation whereby Douglas B. Danko assaulted Clawser without provocation, justification or defense, 13. Defendants attempt to hold Clawser "hostage" until they receive additional free services by refusing to pay the balance due on the written agreement for the services provided 2 '*:1':'~~?" ."" _ hi ,>- . t" thereto and in satisfaction thereof by Clawser. 14, Defendants' refusal to pay the balance ofthe amount owed pursuatp,t to the Agreement absent Clawser providing Defendants with additional and uncompensated services that are outside the bounds ofthe Agreement is tantamount to involuntary servitude. 15, Plaintiff filed a Mechanics' Lien Claim on December 11,2001, in the Court of Common of Cumberland County, Pennsylvania, Case Number 01-6975 MLD Term. A true and correct copy of the Mechanics' Lien Claim is attached hereto as Exhibit "B." 16. The amount ofPlaintitrs claim is $2,390.43 plus attorneys fees. 17. Plaintiff filed an Affidavit of Service regarding service of the Mechanics' Lien Claim and Notice of Filing of Mechanics' Lien Claim on January 4,2002, WHEREFORE, Plaintiff, Ernest A. Clawser, III, d/b/a Clawser Construction, demands judgment against Defendants, Douglas B. Danko and Joan Danko, together with costs, attorney's fees, and such other relief as the Court deems just and Proper. Respectfully submitted, GATES, HALBRUNER & HATCH, P.C. / Albert N. Peterlin, squ Attorney I.D. No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintift) DATED: zf ~ L- 3 "i"W~'.,):rJ, 3~ . .~ - .~'- "",. .~",~.,'~ ,~ 0- .~, ','~~ ,,-'..' -' '.;r."_~., "'0'" , ~, - o C ~Il~~.' Z' d;s;-:; ki~:; )> - -~i... ' ;;;=(j ..;..:>'--. :::3-::- :=3 -, ,if' , "<:. C') 1""':;; C~ . ~ -Ti -, -ro P1 .)J I ::9 L) , j 5::i ~ (;'i ES BtI ";' ",,"'..,., ~. ,~Jt"'II~~~~'fflj!ffi~'!:i~W1fj;!Nif.+i;;:"7'c"~!'1" 'o,;'1'I,,~<I'f"-;'8,i.Ff..~~'j\W,.1\,"":"'lr;w;:'''''Y'-r'l;i'-q'''~~jFf';\~lj\i~i',!!~,l'M~~~1;: . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ERNEST A CLA WSER, III d/b/a CLA WSER CONSTRUCTION, Plaintiff MECHANICS' LIEN No. 01-6975 MDL TERM v. DOUGLAS B. DANKO and JOAN DANKO, Defendants ANSWER AND NOW, come the Defendants, Douglas B. Danko and Joan Danko., and answer the Plaintiffs Complaint as follows: L Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied in part and admitted in part. It is admitted that on or about September 5, 2001, Plaintiff and Defendant Joan Danko entered into an Agreement for services and materials to be supplied by Plaintiff in replacing the front door, door frame and surrounding brick work of 421035.1 -1- ';;~,--~\ - <-,,~ '''''-'~ -"".r,")_,',-. ~'"-~"-',"T-' "-- ''I'''''''" ~---'r"' " ~ < ,'j> '," ''''-, ,~ , , '- ',' ~j the Defendant's property. It is denied that the said Agreement was attached to tihe Complaint as Exhibit "A". A true and correct copy of said Agreement is attached hereto as Exhibit "A". 6. Denied. The labor and materials which the Plaintiff agreed to futnish pursuant to the Agreement for the sum of $4,780.87 have not been furnished or supplied, Certain of the materials supplied and installed by Plaintiff were not in accordance with the contract and/or representations made to Defendants and the Plaintiff failed to perform the required labor in a workmanlike manner. 7. Denied in part and admitted in part. It is admitted that the labor and materials to be supplied by Plaintiff under the Agreement consisted of replacing and installing the front door and door frame. It is denied that any debt is due since the Plaintiff has failed and refused to complete the work in a good and workmanlike manner using the materials which Plaintiff agreed to supply pursuant to the Agreement 8. Denied. To the contrary, the work which Plaintiff agreed to perform has not been completed. Defendants aver and state that the work to be performed by Plaintiff has not yet been performed in a satisfactory or workmanlike manner. By way of further answer, the Defendants aver and state that the following items or materials and/or labor were not provided or performed by Plaintiff or were performed in a substandard and unworkmanlike manner. (a) The door jambs and brick moulding are not vinyl clad as represented by Plaintiff; -2- 'c'~"T_~ '<,", ~ ~,,? -1'"''-'''-''''-'''__'--:''''''' '-_~,~~~--,_"'i-~__ . " "<'<' ~- r ~~ (b) The Plaintiff installed a white door seal or weather seal while staining the door brown. (c) The new door was unevenly stained, with extensive peeled areas, scratches and fingerprints. (d) The stained door was not sealed III accordance with the manufacturer's finishing kit instructions. (e) The new moulding around the interior of the door frame was not installed or stained. (t) The Plaintiff refused to provide Defendants with the manufacturer's warranty materials. 9. Denied. It is admitted that upon execution of the Agreement on or about September 12, 2001, Defendants paid Plaintiff one-half of the amount specified in the Agreement of $2,390.44. Defendants deny that there is any debt owing to Plaintiff since Plaintiff has failed and refused to provide the agreed upon materials specified and has failed and refused to perform the labor in a good and workmanlike manner. 10. Denied as stated. Since the Plaintiff failed and refused to perform the labor or provide the agreed upon materials, there is no further amount due and owing to Plaintiff. By way of further Answer, Defendants aver and state that they will be forced to spend significant -3- '"-~iT'1if,r,r,___, .. -',", ~,,' -~ " (--" "-','- -', :-"1'" ,-,,,,,,,--",,, .' ~ ,'- < ., - '")' ~I tiJ. '" - ,~ ' amounts to install the materials agreed upon and to correct and/or replace the Plaintiff's shoddy work and unsightly workmanship. 11. Denied. Defendants have not requested that Plaintiff provide additional services or additional work beyond that specified in the Agreement Defendants further aver and state that Plaintiff has failed to provide the services or the materials due under the Agreement 12. Denied. The Plaintiff's allegations are scandalous and impertinent and should be stricken. It is denied that Defendant Douglas B. Danko "assaulted" Plaintiff in any manner whatsoever, and it is further denied that Defendants in any manner prevented Plaintiff from completing the Plaintiff's work under the Agreement 13. Denied. The Plaintiff's allegations in this paragraph are scandalous and impertinent and should be stricken. Defendants have not attempted to have Plaintiff perform additional work beyond that set forth in the Agreement The Defendants have refused to pay further amounts to Plaintiff because Plaintiff has failed and refused to perfoml the services he agreed to perform in a workmanlike manner and failed to provide the materials he agreed to provide under the Agreement 14. Denied. The Plaintiff's allegations in this paragraph are scandalous and impertinent and should be stricken. Further, the Plaintiff's allegations are denied in that Defendant's refusal to pay further amounts to Plaintiff is justified and proper since the Plaintiff has failed to provide the materials specified or perform the work in a good and workmanlike manner. -4- ':"~'M"11L""",- _, ",~_"_,_, C_'~"<~"7'~"~' ""^ -- ' ~-- , . '1!"" , ", ~, "-' ,.... 15. Denied in part and admitted in part. It is admitted that Plaintiff filed a mechanics' lien claim. It is denied that Plaintiff is entitled to said mechanics' lien since Plaintiff has failed to complete the Agreement or provide the materials specified and has failed to perform the labor required in a workmanlike manner. By way of further answer thereto, Defendants aver and state that the materials provided by Plaintiff were not as represented by Plaintiff or as agreed and that the Plaintiff's labor was performed in a substandard and less than workmanlike manner. Further, it is denied that a copy of the mechanics' lien claim was attached to the ComPlaint as Exhibit "B". 16. Denied. It is denied that any amounts are due and owing to Plaintiff. By way of further answer thereto, Defendants aver and state that they will be forced to spend substantial sums to correct the faulty and shoddy work performed by Plaintiff and replace the improper and incorrect materials installed by Plaintiff. 17. Denied. After reasonable investigation, Defendants are unable to form a belief as to the truth of this allegation and such allegation is hereby denied. If relevant, proof thereof is demanded at trial. -5- ,'.11",-_;ur, "'" -;,0,,' ,,'______-, -","- " , , r<' 0", e___ ',,,,-''-c'' 0" -, , ':11 ,,~,~ WHEREFORE, Defendants demand judgment in favor of Defendants and against the Plaintiff together with costs, attorneys' fees and such other relief as the Court deems just and proper. Respectfully submitted, By: i / I ~ f /~/ erill T. Moyer Attorney J.D. #1548l One South Market Square P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Defendants -6- "i""_~:.~"_.",,,_",,_,,,,"",C"____ _~^'F f": '1',,-'-'. _. ,_,~." ',__",,~ ,y~ e,'''' " .. ~ ,. . , ~ . - ~~ ' ." ~~ - ' VERIFICATION Douglas B. Danko, deposes and says, subject to the penalties of 18 PI. !.C.S. g 4904 relating to unsworn falsification to authorities, tbat the facts set forth in the foregoin$ Answer are true and correct to the best of his knowledge, infonnation and belief. ""' WA"'MY <1,. <J.Lx:Q O'{3~ I Douglas B. 0 ~%iliJ~!L ',-" '_O'_",",__'M',""",~_"",,_,,",:-,_,,:'" -, ""-,-,,, .. -, "_,,"-"''',W"_,-,,~, "" "', ;"."''',1".,__," -_<'''-',,_,'''__;~'',' , ,,"?" ,~, - '-"',,--~ <<,,": .I, " ]7'_M".'- ^~ ~O -- ,~ "">' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ERNEST A. CLA WSER, III d/b/a CLA WSER CONSTRUCTION, Plaintiff MECHANICS' LIEN No. 01-6975 MDL TERM v. DOUGLAS B. DANKO and JOAN DANKO, Defendants AFFIDAVIT OF SERVICE The undersigned hereby certifies that on this 27th day of February, 2002, a true and correct copy of Defendant's Answer in the above-captioned matter was served upon counsel for Plaintiff by United States mail, first class, postage prepaid, addressed as follows: Albert N. Peterlin, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 RHO Sherill T. Moyer ,,,<...,~jj\""-~~~,, ~ '-,'--.' ." "'l ~ ,.. , )',<," ,-- ,- - . ~ ,- , etlWSO el.IIICTII. Ernest A. Clawser, III 1341 Old Willow Mill Road Mechanicsburg, Pa 17050 (717)795-0555 phone/fax DATE: SEPTEMBER 5, 2001 BILL TO: JOAN DANKO 1123 DRY POWDER ClR. MECHANICSBURG, PA 17050 JOB: 0140 PHONE # (717)697-9794 WORK: (717) 720-5431 DESCRIPTION: REPLACING FRONT DOOR REPLACING FRONT DOOR: # 1 REMOVE EXISTING FRONT DOOR WiTH TWO SIDE LfGHTS. # 2 RAISE HEADER HIGH AS NEEDED TO MAKE ROOM SO DOOR MAY SWING OVER MAT. # 3 PAD BOTTOM OF DOOR TO MJI..KE UP FOR THE RISE OF THE DOOR. # 4 REMOVE UGHT FIXTURES, # 5 CUT OUT BRICK FROM AROUND DOOR WAY AND MOVE LIGHT BOXES OVER TO MAKE ROOM FOR NEW BRICK SURROUNDING. # 6 INST AIL NEW BRlCK SURROUNDING Ai"ID DOOR SILL. # 7 REINSTALL EXISTING LIGHT FIXTURES IN NEW LOCATIONS. # 8 CLEAN UP ANDREMOVE TRASH FROM JOB. # 9 BRICK WILL BE INSTALLED AS DESCRIBED TO YOU AND DRAW UP. (TI{REE ROLLS AND AN ARCHED TOP). , ., ,,' ..'" r 9//;-'l.-'~:'/ II' (/"<".}': '/. l' ., . . ,\ ') , ",';'. ~ ~'i' . Ii .:...' ~ f' // ' " /.... ,-r., "Jo,'" ..,. "'! _ , .,,,..,, <... '.' I .' ~j" '/., '. ":~'90. f 3 Contract Terms: '.' , . - 50% of the total job at the start of work and the halanc~ due upon~o~letiob: - A service charge of 1.5% per month (Annual rate of 18%) ifoutstandiri~ 6!,\ance not paid within 15 days of this invoice: ','li~ .;t.. - If any action at law or equity is nOcessary to enforce or interpret any terms of this agreement, the prevailing party shall be entitled to reasonable attorney's toos, cost and necessary expenses iI) addition to any r~liefto which such party may be entitled; - Any additional work that may need to be done will be a separate charge - $42.00 per hour per man, plus any ~ateri~ls and eql1jpment/op~rator needed to complete the job. ...?..." /. / <-.,.,:/..,,:.,-- .,:>~:-':,-., "1"7 /,,,, / ~/ . ..;:- /, 4'~" .:;, t-' "',c.'r. ' / . . :/ {;/ " S(ON-A TORE -... -- DATE MY PRICE OF BRiCKWORK TOT AI. $3639.07 $1141.&0 $4780.87 1 OF I EXHIBIT ItAII ,~~~~'.~, _"">-.~.~~~- ~"""."_'_;",,*-.-J;.> ;--""~'~', "".-,",.'C ",0"0" - o c: <'" l.1f:ti nlf'n ~:':; rC v').t'~ -<"":' !;=c; Po Z~-, 0:;:- '._) -'"'c: 2: =< ---- 'f:rJlirlilll'inrii" a I'.'J- s;.~ ':::'J' i I ",. - ~. c~: (5 ""--I ~~; ~LJ -< :::,) ..-....,l B' .811 ~!r~ ~,-,~"", ff.'l"!f'fH!.Ii~':'l'J~~~~mt,,,,,,J~_,""'1"'~~:~' ~=f~~,,_, .3 ~:li__\lJt,i~=_,"~W'~I~~~~!!lf!mli~ti!f,;)Wk~''>$''1[''"7-'''';'''C';w~F'- '''''3:1::'1 itl'''O:''''''i'''<l''~-ii\'i'''<!lWi~'"W''.P.-l<-,Nil-~_'*,;k)''''''i,lYj. ff'"f"i'~if:i~i,';~_~~Y.f'; SHERIFF'S RETURN - REGULAR .. . CASE NO: 2001-06975 P MlV COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLAWSER ERNEST A III D/B/A CL VS DANKO DOUGLAS B ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon DANKO DOUGLAS B the OWNER , at 2029:00 HOURS, on the 13th day of February, 2002 at 1123 DRY POWDER CIRCLE MECHANICSBURG, PA 17050 by handing to JOAN DANKO a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.59 .00 10.00 .00 35.59 r"~~J~~K R. Thomas Kline 02/14/2002 GATES HALBRUNER HATCH Sworn and Subscribed to before By: <v me this J. 7 +t: day of A.D. ~ ;\~"t:~~1Ilfflm~~-;;"""f'<t'irnrr~'I"l"_'-"l'<Tm'lmt'\I\lC~~~... , ~ ~r" ~ ,.. " ~ ,~, , . ,..... "- ~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLAWSER ERNEST A III D/B/A CL VS DANKO DOUGLAS B ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon DANKO JOAN the OWNER , at 2029:00 HOURS, on the 13th day of February, 2002 at 1123 DRY POWDER CIRCLE MECHANICSBURG, PA 17050 by handing to JOAN DANKO a true and attested copy of MECHANICS LIEN CLAIM together with a.nd at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~'C/~~~ R. Thomas Kline 02/14/2002 GATES HALBRUNER HATCH me this rL 14/.- I day of Sworn and Subscribed to before By: -'\;i~m~~~r"iJF!'!"_~~~ r 0' ~,- ~"". >":'- '~~'r~ ~ . " ~ ,..,~ I -~"""-l--~ '"" ,~.'~~_ ~~~w ., . """) IT , a ',- s'\ ~ '-D 1: '.;) G, ~ IS -''''':''~<' ',-~ ~. 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