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ELI N. ZIIM1XA1AN, d/b/a IN THE COURT OF COMMON PLEAS 08
CHESTNUT GROVE CONSTRUCTION, CUNMRLAND COUNTS, PENNSYLVANIA
Plaintiff
va. NO. 99 - 11W7 Civil Term
Nark TIOGO, d/b/a/
TIOGO ORCHARDS
Defendant
You have been sued in court. If you wish to defend against
the claim 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.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone(717)240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by
law to comply with the Americans with Disabilities Act of 1990.
For Information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the Court, please contact our office. All arrangements must
be made at least 72 hours prior to any hear r business before
the Court. You must attend the schedu;ed onfer nce or hearing.
one G. J son, Esquire
South Se nd Street
mbersbu g, PA 17201
ELI N. Zn8099MAN, d/b/a
CHESTNUT GROVE CONSTRUCTION,
Plaintiff
vs.
Nark TIOGO, d/b/a/
TIOGO ORCHARDS
Defendant .
IN THE COURT or CONIOoN PLEAS or
CUMBERLAND COUNTS, PENNSYLVANIA
NO. 99 - `/ 3o,? Civil To=
NO1P CO MMS, the Plaintiff, Eli N. Zimmerman, d/b/a as Chestnut
Grove Construction, by his attorney, Tyrone G. Johnson, Esquire,
and files this complaint against the Defendant, averring the
following:
1.
The Plaintiff is Eli N. Zimmerman, d/b/a as Chestnut Grove
Construction, a sui juris adult who resides at P.O. Box 361,
Shippensburg, Pennsylvania 17257-0361.
2.
The Defendant is Mark Tiogo, d/b/a Tiogo Orchards, a sui juris
adult, land and home owner who resides at 750 South Mt. Estate
Road, Shippensburg, Pennsylvania 17257.
3.
The Plaintiff's principal business is construction of pole
buildings, home improvement, and general construction.
COUNT I
DRMQH QF o= CONTRACT
4.
Plaintiff incorporates by reference herein paragraphs 1
through 3 above.
5.
Defendant, on or before February 20, 1997, contacted Plaintiff
and negotiated the construction of a 50 feet x 100 feet steel
building and extension/addition thereto 20 feet x 75 feet on
Defendants property known as 750 South Mt. Estate Road,
Shippensburg, Pennsylvania 17257.
6.
The Defendant specifically requested and required that
Plaintiff accept the terms of an contract for time and materials
and without written contract, except that Defendant was to provide
the frame material for the structures.
7.
Defendant authorized Plaintiff to begin work on or about
February 20, 1997, and Plaintiff complied and did in fact begin
work on or about that time.
8.
On or about March 17, 1997, the Plaintiff submitted an Invoice
to the Defendant, which Defendant paid, for work performed in the
amount of $2,337.50. A copy of said Invoice, is attached hereto,
made a part hereof, and marked as exhibit "A".
9.
On or after several or more weeks from the date that the
Plaintiff had commenced work at the job site the Defendant
requested from the Plaintiff written specifications relative to
overall costs for the project, and on or about March 20, 1997, the
Plaintiff provided the Defendant with a specification/projected
costs sheet showing a total approximate cost of $21,400.00. A copy
of said Specification/Projected costs sheet dated March 20, 1997,
is attached hereto, made a part hereof, and marked as exhibit "B".
10.
On or about April 7, 1997, the Plaintiff submitted the second
Invoice for a different billing period to the Defendant for work
performed in the amount of $4,709.96. A copy of said Invoice, is
attached hereto, made a part hereof, and marked as exhibit "C11.
11.
On or about April 29, 1997, the Plaintiff submitted the third
Invoice for a different billing period to the Defendant for work
performed in the amount of $4,567.75. A copy of said Invoice, is
attached hereto, made a part hereof, and marked as exhibit "D".
12.
On or about May 5, 1997, the Plaintiff submitted the fourth
Invoice for a different billing period to the Defendant for work
performed in the amount of $5,965.37. A copy of said Invoice, is
attached hereto, made a part hereof, and marked as exhibit "E".
13.
On or about June 10, 1997, the Plaintiff submitted the fifth
Invoice for a different billing period to the Defendant for work
performed in the amount of $3,621.27. A copy of said Invoice, is
attached hereto, made a part hereof, and marked as exhibit "8".
19.
On or about July 22, 1997, the Plaintiff submitted the sixth
Invoice for a different billing period to the Defendant for work
performed in the amount of $3,237.25. A copy of said Invoice, is
attached hereto, made a part hereof, and marked as exhibit "G".
15.
On or about August 18, 1997, the Plaintiff submitted the
seventh and final Invoice for a different billing period to the
Defendant for work performed in the amount of $1,077.20. A copy of
said Invoice, is attached hereto, made a part hereof, and marked as
exhibit "H".
16
The Defendant has, regardless of demand for payment, to date
refused to pay Invoices No.2 through Invoice No.7, which Invoices
total $19,012.90. See attached copy of demand for payment letter
dated November 21, 1997 and Statement dated November 22, 1997, made
a part hereof, and marked as exhibit "I".
N8RP3MPX, it is requested that this Honorable Court enter an
Order in favor of the Plaintiff and against the Defendant, which
shall order the payment of $19,012.90, with Service Charge costs of
$1,295.98, for a total of $20,258.88, together with all costs
incurred in the prosecution of this claim, and for all other relief
just and appropriate, including attorney's fees. See attached copy
of last Statement dated November 22, 1997 showing Service Charges,
made a part hereof, and marked as exhibit "J".
Re eotf y mi
no d. John n, Esquire
At orney for aintiff
30 South Second Street
Chambersburg, PA 17201
(717)264-0445
maricATiom
I verify that the statements made in this document are true
and correct in part according to my personal knowledge, and as to
the remainder, upon information and belief. I understand that
false statements herein are made subject to the penalties of Pa.
C.S.A. Section 4904, relating to unsworn falsifications to
authorities.
Date: 7-10-012
Zimmerman
CERTIFICATE OF SERVICE
I hereby certify that I am this day, 4?tluly 1999, serving
a copy of the foregoing document upon the person and in the manner
indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by deposition a copy of same
with the Sheriff of Cumberland County for service and return of
service to the addressee noted as follows:
Mark Tiogo,
d/b/a Tiogo Orchards
750 South Mt. Estate Road
Shippensburg, Pennsylvania 17257.
Chambersburg, PA 17201
(717) 264-0445
e' ConStrUCtlon
90 Chestnut Grove Rd.
Shippensburg, PA 17257
(717) 530-0537
INVOICE No.
Job Phone
of
TO . o * nHf?l
Qv Ad g " l-ox/00
Phone
'11cnns:
DESCRIPTION OF WORK
3-10-97 ?D?v N
•9?
-1 `!-97 ?s3/v
^S? ?1
Order Taken By ;?-,7_
AMOUNT
In?t N., S
Than=You!
Signature ' Pa(I hereby owle ge a atisfactory completion amo,)I the ab esc e 0 )
EXHIBIT "A"
CHESTNUT GROVE CONSTRUCTION
90 Cheshwt grove Rd
shippcnsburg Pa. 17257
(717 )5 3 0-115 3 7Homc3,30.041 R
To Tiogo Orchards Date 3/20/97
Ylark Tiogo
Consist of project projected cost
'OX I 0OX5" concrete floor
WxC' Drain gutter
_'Ox42x5" concrete load out pad
2- I Ox 10 office spaces, 1-1 OxI O Breakroom w/ restroom and shower
Doors
I- 12x 12 insulated overhead
12x 14 insulated overhead
_:- 12x 12 sliding doors
,I-lawn entrances doors
-36"entrance door w/ window
-Sx 10 sliding door
C111ces insulated w/RI 1 insulation
offices finished w/ paneling the ceiling,exterior'•1/.2"plywood
1-20x42 lean to roof for load out
all above products to be installed
idl siding and roofing to be installed
f lambing underground and in wall plumbing included and installed
No elect. included
Total price is 21,400.00
EXHIBIT "B"
Grestnut o,.,
construction
90 Chestnut Grove Rd.
Shippensburg, PA 17257
(717) 530-0537
TO:
INVOICE No.
Job Phone
Job
Phone Order Taken By !!9 7
Terms: cia q
I DESCRIPTION OF WORK AMOUNT
7 j?
all-9? 6 71 Yq
3-11-97
te•1 Wr /a
COnCfC? G ?C /,?t
tinder fo l o Z9
$0, c ry Y O
OW f / we I pd x Lb
re k
m be r 4'
Thank You!
Signature Pay this G
(1 hereby a o led th tisfactory completion 7 U9 ,??
of the abo e . crb • or amount ^? \
o?
Da
EXHIBIT "C"
Grestnut QP01-
construction
90 Chestnut Grove Rd.
Shippensburg,PA 17257
(717) 530-053I7-
T0: 1 c) A o O f L'f 41
INVOICE No.
Job Phone to of Or er
Job Name/Location
page of
Phone 1 Order Taken By ',5z_
Terns: t.
DESCRIPTION OF WORK AMOUNT
- 1a d (e e p(
I-I
°!X v'n w.'
t
0. 0
I - E ran W w of Loc
?I 5 Y #r•
0
Thank You I
Signature Pay this ?? 7
(I hereby acknowledge the satisfactory completion amount t"?
of the above described work)
EXHIBIT "D"
Grestaut Qr,
construction
90 Chestnut Grove Rd.
Shippensburg, PA 17257
(717) 530-0537
'1
INVOICE No.
lob Phone D to f Ckd
7
Job Name/Location
Page _ of
DESCRIFTION OF WORK AMOUNT
A
O t
a ?. 3
a \00
ax?a.
av
a /ova. 1'(
6) Thank You!
Signature Pay this
(1 hereby ac wle satisfactory completion
of the abo a rk) amount r?
io
I/
EXHIBIT "E"
Phone Order Taken By
Terms: /01./9
G?estnut G?.a`e
ConStrUCtion
90 Chestnut Grove Rd.
Shippensburg,PA 17257
(717)530.0537
TO: ri0Qr7 orcAceri
INVOICE No.
Job Phone Dat?of-Orde?
!?" Y
Job NameJLocation
Page - of
Phone Order Taken By *? 2_
Terms: /Od•1
DESCRIFTION OF WORK AMOUNT
Lu,,be,r 5-5
-c/7 x 8. G
-
u 1
ti r ll X 5bo.cac.
51' 9-7 l #r l •t)
q -7 r 1435, a
97 D r 7
s >x
80 1 a
1 0 i 0.00
? i
t
7
Thank You! <V?l Signature re Pay this ,a1 a1
(I hereby eckno dge the sari fac completion amount r?
of the above d e work)
I
EXHIBIT "F"
. estnut 'Gro`e
construction
90 Chestnut Grove Rd.
Shippensburg, PA 17257
(717) 530-0537
TO:
INVOICE No.
Phone
Phone
Terms:
Order Taken By t?;,?
DESCRIPTION OF WORK AMOUNT
9 ! y #r 3?•S
9 7 4' ?.?.
3 / 9 7 r- / . o<
410.0
71/41/ 97 yo3/,11(1 /-
r' - f-
G
575-,
II
n K -h n o t /r
o C or& odG X - O
/U.v. 1:4 4
r, rn le
o r .
::?O
x
/a7,
Signature
(I hereby acknowledge the satisfactory completion
ol'the above deserbed work)
D
5
C
Thank You!
Pay this 3, a37.0
amount r?
EXHIBIT "G"
G?estnut Grul-
construction
90 Chestnut Grove Rd.
Shippensburg,PA 17257
(717) 530-0537
TO:
INVOICE No.
Job Phone at f OfAer
7
Job Name/Location
Page of
Phone Order Taken By s Z
Terms:
-T DESCRIPTION OF WORK AMOUNT
TO r e. 1j,14
Q/o6a
` r f<r
bAe
f/
{..Um QCOr ` '
s
5
Thank You!
Signature Pay this
(I hereby acknowledge the satisfactory completion amount P01/1077-3
ol'the above descrbed work)
EXHIBIT "H"
F!L M-C;MCE
99 JUL 15 Ali II: 09
Cl;a. c.,L^ i _i;UN
PENNSYLMM A
i
yD. SO?d -
SC? mod- d-?
yfs'U?ol•
I
Chestnut Grove Construction
80 Chestnut Grove Road
Shippeneburp, Pa 17257
To Tiogo Orchards
Ma rkTiogo Date 11/21/97
Ion) sending you this in regard of the amount that is owed
on your account
If you were to pay on your account till the last $5,600.00
1 still would come back make the changes we agreed on
But after that 1 expect you to pay in full
And if I still do not hear from you or receive any payment
I will turn it over to the collecting agency
You rs sincerely
ELI N. ZIMMERMAN
manor / owner
EXHIBIT "I"
Chestnut Gpo`e
construction
TO:
90 Chestnut Grove Rd.
Shippensburg, PA 17257
(717) 530-0537
INVOICE No.
Job Phone Dpia o1;O?de1?
cell
Job Name/Location
Pa e_ of
Phone
Terms:
Taken By t z
DESCRIPTION OF WORK AMOUNT
rnuo,?c y 9- 9 A/SG 7.
T- -97
.
o,'Ce 4-10 - -7
1r
'7-..4 9 7 9 a 37.4
nuo"Ce 77-,'
'SVLL?e
q 97
7
1
Thank You!
Signature Pay this
(I hereby wle a ttisfactory completion /9,o1a?9
of the ab d amount r?
'S
7
7
to
&y
,0?
ChIaval Arove Construction
Shippcnsburg Pit 17257
717.5,111.11517
Bill to Mark Dogo
statement
Addrrsr
Alb-
Sold by Terms
EZ 10Da
ofm 8.31-98
S'lripprd to
Alale Payment charge of 1 112%. per month F
18%, Per Annunt On Accounts E.cceeding
30 Days
C'he.lnm l km e C'nini .. 11, iGng to in regard, W colleelinnr or your dept
ml..r..... I oh .. r vJl he uxeJ,n III, .nOIle,
'
I re,punJ. n mpe? red m LfJn q nut /i.r ther ncuun
,r.ll he la{.rn
EXHIBIT "J"
88
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04309 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ZIMMERMAN ELI N ET AL
VS.
TIOGO MARK ET AL
KATHY CLARKE
Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon TIOGO MARK D/B/A TIOGO ORCHARDS the
defendant, at 13:15 HOURS, on the 21st day of July
1999 at 750 SOUTH MT ESTATE ROAD
SHIPPENSBURG, PA 17257 CUMBERLAND
County, Pennsylvania, by handing to DEVONA FINK (BOOKKEEPER)
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So a7 r
Docketing 18.00
Service 12.40
Affidavit .00 _
Surcharge 8.00 R-T o ine, eri
$38.40 TY O3 E G. JOHNSON
by ??"`r LYE
e y e i
Sworn and subscribed r LL me
this 4iE day of rLL
19 ge5j A.D. , i '
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04309 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ZIMMERMAN ELI N ET AL
VS.
OGO MARK ET AL
KATHY CLARKE , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon TIOGO MARK D/B/A TIOGO ORCHARDS the
defendant, at 13:15 HOURS, on the 21st day of July
1999 at 750 SOUTH MT ESTATE ROAD
SHIPPENSBURG, PA 17257 CUMBERLAND
County, Pennsylvania, by handing to DEVONA FINK (BOOKKEEPER)
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing Her attention to the contents thereof.
SheService Costs: So a pe
Docketing 18.00
12.40
Affidavit .000
0
Surcharge 8.00 F,
007RO3 4 G. JOHNSON
by (?? ??•
Sworn and .,subscribed before me
this IW IL day of tut 4,k-
19 C A.D. O
??a
LAW OFFICES
0grnnE (6. Johnson
30 SOUTH SECOND STREET
CHAMBERBURG, PA 17201
(717)264.0445 FAX(717)264.4703
August 4, 1999
Prothonotary of Cumberland County
Attention: Gina
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Civil Complaint: Case No. 4309 of 1999
Zimmerman, d/b/a Chestnut Grove Const. vs. Tiogo, d/b/a Tiogo Orchards
Dear Prothonotary:
Enclosed is a copy of the Sheriff s Return for Service of Process in the above referenced
case.
Thank you.
Very truly yours, ?""t44?
Beverly Kitch
Legal Assistant
Enclosure
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