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Home My WebLink About07-1887CHESTER BAUGHMAN, t/d/b/a BAUGHMAN'S CONSTRUCTION Plaintiffs VS. G.E. HELWIG t/d/b/a HELWIG CONSTRUCTION Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 0-7-)W3 CIVIL 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 CHESTER BAUGHMAN, t/d/b/a : IN THE COURT OF COMMON PLEAS OF BAUGHMAN'S CONSTRUCTION : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. ?r7 CIVIL G.E. HELWIG t/d/b/a HELWIG CONSTRUCTION Defendant : COMPLAINT 1. Plaintiff Chester Baughman, trading and doing business as Baughman's Construction, is a sui juris individual with an address of 2051 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant G.E. Helwig, trading and doing business as Helwig Construction, is a suit juris individual with an address of 35 Dogwood Lane, Manchester, York County, Pennsylvania 17345. 3. Jurisdiction lies with Cumberland County in that the contract for the work done by Plaintiff at Defendant's request was offered and accepted in Cumberland County. COUNT I 4. Plaintiff poured curbing in the capacity of a sub-contractor at the request of Defendant G.E. Helwig at the site owned by TGI Fridays 1861 Gettysburg Village, Gettysburg, Adams County, Pennsylvania on or about August 25, 2005. An invoice for the work is attached hereto, incorporated by reference and marked Exhibit "A". 5. The total amount due on the invoice was $4,500.00. 6. The entire amount due in the amount of $4,500.00 remains unpaid, despite repeated demands for payment. 7. The work done at the request of Defendant was done in a workmanlike manner. 8. Interest has accrued on the amount due at the rate of 1.5% per month since August 20, 2005 and will continue to accrue. NOW THEREFORE, Plaintiffs pray the Court award Plaintiff damages in excess of $4,500.00 plus interest and costs. COUNT II 9. Paragraphs 1, 2 and 3 are incorporated herein by reference. 10. Plaintiff replaced a sidewalk in the capacity of a sub-contractor at the request of Defendant G.E. Helwig at a site owned by David Luckenbaugh at 691 Marsh Road, Gettysburg, Adams County, Pennsylvania on or about June 27, 2005. An invoice for the work is attached hereto, incorporated by reference and marked Exhibit B". 11. The total amount due on the invoice was $600.00. 12. The entire amount due in the amount of $600.00 remains unpaid, despite repeated demands for payment. 13. The work done at the request of Defendant was done in a workmanlike manner. 14. Interest has accrued on the amount due at the rate of 1.5% per month since August 20, 2005 and will continue to accrue. NOW THEREFORE, Plaintiffs pray the Court award Plaintiff damages in excess of $600.00 plus interest and costs in the above-mentioned matter. COUNT III 15. Paragraphs 1,2 and 3 are incorporated herein by reference. 16. Plaintiff removed sidewalk and replaced two steps in the capacity of a sub-contractor at the request of Defendant G.E. Helwig at the site owned by Michael Bassin at 225 Branch Circle, East Berlin, Adams County, Pennsylvania on or about July 13, 2005. An invoice for the work is attached hereto, incorporated by reference and marked Exhibit "C". 17. The total amount due on the invoice was $300.00. 18 The entire amount due in the amount of $300.00 remains unpaid, despite repeated demands for payment. 19. The work done at the request of Defendant was done in a workmanlike manner. 20. Interest has accrued on the amount due at the rate of 1.5% per month since July 13, 2005 and will continue to accrue. NOW THEREFORE, Plaintiffs pray the Court award Plaintiff damages in excess of $300.00 plus interest and costs in the above-mentioned matter. COUNT IV 21. Paragraphs 1,2 and 3 are incorporated herein by reference. 22. Plaintiff constructed forming for decking, front porch and poured concrete for a front porch in the capacity of a sub-contractor at the request of Defendant G.E. Helwig at the site owned by Ronald Sites at 456 Green Springs Road, Hanover, Adams County, Pennsylvania on or about August 4, 2005. An invoice for the work is attached hereto, incorporated by reference and marked Exhibit "D". 23. The total amount due on the invoice was $5,821.00. 24. The entire amount due in the amount of $5,821.00 remains unpaid, despite repeated demands for payment. 25. The work done at the request of Defendant was done in a workmanlike manner. 26. Interest has accrued on the amount due at the rate of 1.5% per month since August 4, 2005 and will continue to accrue. NOW THEREFORE, Plaintiffs pray the Court award Plaintiff damages in excess of $5,821.00 plus interest and costs in the above-mentioned matter. COUNT V 27. Paragraphs 1,2 and 3 are incorporated herein by reference. 28. Plaintiff dug and poured sidewalks and driveway apron, garage floor and porch in the capacity of a sub-contractor at the request of Defendant G.E. Helwig at the site owned by Ryan Rhodes at 1599 Wanda Drive, Hanover, York County, Pennsylvania on or about July 13, 2005. An invoice for the work is attached hereto, incorporated by reference and marked Exhibit "E". 29. The total amount due on the invoice was $2,752.00. 30. The entire amount due in the amount of $2,752.00 remains unpaid, despite repeated demands for payment. 31. The work done at the request of Defendant was done in a workmanlike manner. 32. Interest has accrued on the amount due at the rate of 1.5% per month since July 13, 2005 and will continue to accrue. NOW THEREFORE, Plaintiffs pray the Court award Plaintiff damages in excess of $2,752.00 plus interest and costs in the above-mentioned matter. COUNT VI 33. Paragraphs 1,2 and 3 are incorporated herein by reference. 34. Plaintiff dug a water main, dug and poured sidewalks and driveway apron in the capacity of a sub-contractor at the request of Defendant G.E. Helwig at the site owned by Tony Shipp at 1586 Wanda Drive, Hanover, York County, Pennsylvania on or about May 5, 2005. An invoice for the work is attached hereto, incorporated by reference and marked Exhibit "F". 35. The total amount due on the invoice was $1,720.00. 36. The entire amount due in the amount of $1,720.00 remains unpaid, despite repeated demands for payment. 37. The work done at the request of Defendant was done in a workmanlike manner. 38. Interest has accrued on the amount due at the rate of 1.5% per month since May 5, 2005 and will continue to accrue. NOW THEREFORE, Plaintiffs pray the Court award Plaintiff damages in excess of $1,720.00 plus interest and costs in the above-mentioned matter. COUNT VII 39. Paragraphs 1,2 and 3 are incorporated herein by reference. 40. Plaintiff dug and poured sidewalks and poured a basement in the capacity of a sub- contractor at the request of Defendant G.E. Helwig at the site owned by Robert Werner 1561 Wanda Drive, Hanover, York County, Pennsylvania on or about May 5, 2005. Invoices for the work are attached hereto, incorporated by reference and marked Exhibit "G" and Exhibit "H". 41. The total amount due on the invoices was $2,552.00. 42. The entire amount due in the amount of $2,552.00 remains unpaid, despite repeated demands for payment. 43. The work done at the request of Defendant was done in a workmanlike manner. 44. Interest has accrued on the amount due at the rate of 1.5% per month since May 5, 2005 and will continue to accrue. NOW THEREFORE, Plaintiffs pray the Court award Plaintiff damages in excess of $2,552.00 plus interest and costs in the above-mentioned matter. Respectfully submitted, DUNCAN & HARTMAN, P.C. William A. Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 Attorney ID# 22080 717.249.7780 717.249.7800 FAX VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. z--?- Z ' --- Chester Baug an Dated: ?/ 5 1 0 1 60'125 680736 a 8 6 0741 h , ?C. 6807149 Gang/ ` CAW ;: 6.8042 680717 4 l 4 1 1 2 s ?4? /ao. EAU 3 b m yr / ? ,, ,?.> 4 5 . 680719 :a 680718 !? /"' r? ?: '`' C7 r--- c_,m> ? 1 -; °"s -;-m,, --i '."3 ?- -r1 f . r-' O? \ ' ? ` Li ? P ? ' ? ? 1 C l ? M1 f J r S ? ? .. ,;? ?" P w CHESTER BAUGHMAN, t/d/b/a BAUGHMAN'S CONSTRUCTION Plaintiffs vs. G.E. HELWIG t/d/b/a HELWIG CONSTRUCTION Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-01887 PRAECIPE FOR ENTRY OF JUDGMENT To The Prothonotary, CIVIL I hereby certify that the ten-day notice required under Pa. R.C.P. 237.1 was served on the Defendant on May 23, 2007. Defendant G.E. Helwig, t/d/b/a Helwig Construction, having failed to respond to the ten-day notice attached hereto and having failed to file an Answer to the Complaint filed by Plaintiff against it, please enter a default judgment against G.E. Helwig, t/d/b/a Helwig Construction in the amount of $18,245.00, plus interest and costs. f? n r?J? William A-DMan, Esquire Attorney for Defendant Attorney ID 22080 June 15, 2007 -rx i=ce; r„r "' = co jo.%* Duncan & Hartman, P.C. William A. Duncan, Esquire I Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249-7800 FAX Attorney ID 22080 CHESTER BAUGHMAN, t/d/b/a BAUGHMAN' S CONSTRUCTION Plaintiffs vs. G.E. HELWIG t/d/b/a HELWIG CONSTRUCTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. ! r i .- ?:;•? °l CIVIL Defendant To: G.E. Helwig, t/d/b/a Helwig Construction, Defendant Dated of Notice: May 23, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 A/ - 2or11am. A. Duncan, Esquire ney for Defendant 1 .AW . w. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: ? \ 7 176, One piece of ordinary mail addressed to: (-i Lot CT -1 3.S ?Q? c,? dc? U LR?Ne PS Form 3817, January 2001 b0 C t l? O A ^w^? III N p 3 n C3 ZD{ _M V) O Cn. N•J?Dz• -)M o ? -low to 0 v D 0 M .? o 0 0 'C1 = ` ` SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01887 P f CIAONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAUGHMAN CHESTER TDBA BAUGHMAN VS HELWIG G E TDBA HELWIG CONSTRU R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HELWIG G E TDBA HELWIG CONSTRUCTION but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 10th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers;--- f 4, Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas K ine Dep York County 27.85 Sheriff of Cumberland County Postage 1.26 66. 11 V 5);4/01 05/10/2007 DUNCAN & HARTMAN Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. d - COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 ter SHERIFF SERVICE MTRUCTKNS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNE 1 TMU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ 3. OEFENDANT/S/ rs Cons G.E. Helwig tdba Helwig Construction 2 COURT NUMBER SERVICE CALL (717) 771-9601 4. TYPE OF WRIT OR COMPLAINT N O T I (., E & Notice and Complaint C I CA SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, UK SULU G.E. Helwig tdba Helwig Construction 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP. STATE AND ZIP CODE) AT 35 Dogwood Lane Manchester, PA 17345 7. INDICATE SERVICE O PERSONAL o PERSON IN CHARGE DEPUTIZE , CERT MAIL ? 1ST CLASS MAIL U POSTED U OTHER NOW April 10 -,2007 I, SHERIFF O TY, PA, do her y deputize riff Of York COUNTY to execute this WdfKT? turn they. thding to law. This deputization being made at the request and risk of the plaintiff., f • SHERIFF OF '11IN11111lC NTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERJJgE. OF COUNTY Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF NOTE: ONLY APPUCABLE 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 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 Aarain fnr snv tnee riaetnulinn nr removal of anv orooerty before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUR I A M P, . D U N G A N , L .10. TELEPHONE NUMBER 11 DATE FILED 1 IRVIN ROUE, CARLISLE, PA 17013 1717-249-7780 14-5-2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed n notice is to oe maned). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS UM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 14/11/2007 5/5/2007 16. HOW SERVED: PERSONAL RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE OTHER ( ) SEE REMARKS BELOW 17. O I h rbfy and return a NOT FOUND because I am unable to locate the individual, pany, etc, named above. (See re rks below.) 18. TITLE OF INI VI%OAL ED / ?DDRE?S HER€IF NOT SHO i -Off (Ritionst>fgto D?f Manty ?? r 9. ,Se ice 20 Tof?i?ceti ATTEOWT-Al Date I Ti4e/1 Miles I Int. I Dah I TirW I Wijoj Int. 22 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 2 $100.00 .00 34. Foreign County Costs 35. Advance Costs 36 Service Costs Time I Miles I Int. I Date I Time I Miles IfInt. I Date I Time 28. Sub Total 129. Pound 1 30 37 Notary Cert. 38. Int. 1 Date I Time I Miles I Int. 31. Sur5olp . Tot. Costs 33 Costs We Refund Check No. 19, r 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to befor me this 44. Sign re v 42. day of MAVIVIMQ-OVA43r Dep. _ 46. Signature of York 47. D T NOTARIAL SEAL County Sheriff 00 • LISA L. 3O3O'N",N' "'!, r,;OTARYPUBLIC FU o `vJ LL A ?l t°i I l}SF S F iFF S/7?07 CITY OF Y <, YORK COUNTY 49 DATE MY COMMISSlO??Xr?iRES AUG. 12, 2009 46 Cou ty Sheriff Foreign 50. 1 ACKNOWLEDGE RECEIPT OF THE IGNATURE 51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. V041TE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - SherrRs Office ?? ?? ? ? w. .;:,, c=- `° ? ?? ? - ?.-: ?,w. ..- rd r