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HomeMy WebLinkAbout03-3203WILLIAM PIEKOS AND TABATHA PIEKOS, husband and wife, Plaintiffs MARTIN L. MILLER d/b/a UNITED HOME IMPROVEMENTS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. : CIVIL ACTION- LAW : JURY TRIAL DEMANDED 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 defense 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 17013 717-249-3166 ~- ~ ~ JARAD W. HANDELMAN, Esq-uire ~ James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 WILLIAM PIEKOS AND TABATHA PIEKOS, husband and wife, PENNSYLVANIA Plaintiffs MARTIN L. MILLER d/b/a UNITED HOME IMPROVEMENTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, William and Tabatha Piekos, husband and wife, by and through their attorneys, James, Smith, Dietterick & Connelly, LLP, and brings the within Complaint against Defendant, Matin L. Miller, doing business as United Home Improvements. In support thereof, Plaintiffs aver as follows: 1. Plaintiffs, William and Tabatha Piekos, husband and wife, are adult individuals residing at 5 Boxwood Lane, Camp Hill, Cumberland County, Pennsylvania 1701 I. 2. Defendant, Martin L. Miller, is an adult individual residing at 5 Richland Avenue, Apartment #l 11, Camp Hill, Cumberland County, PA 17011. 3. At all times relevant hereto, Defendant Miller was doing business as United Home Improvements, a home improvement company with a business address of 3175 Valley Road, Marysville, Pennsylvania 17053. 4. On or about February 15, 2003, Plaintiffs contracted with Defendant for the removal of the porch on the rear of the property at 5 Boxwood Lane, and for the erection and construction of a new back porch at the property. A true and correct copy of the contract for services is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full. 5. Subsequently, additional work was added to the contract pursuant to an addendum to the original contract on March 20, 2003. A tree and correct copy of the addendum to the contract for services is attached hereto as Exhibit "B" and incorporated herein by reference as if set forth in full. 6. The total contract price was Thirty Five Thousand and 00/100 Dollars ($35,000.00) to be paid in installments as follows: (a) $7,375,00 due upon signing contract; (b) $7,375.00 due at start of excavation; (c) $5,500.00 upon completion of walls; (e) $7,375.00 due when under roof; (0 $7,375.00 upon completion. See Exhibits "A" and "B". 7. Plaintiffs paid Defendant the initial installment of $7,375.00 on February 15, 2003 when the contract was signed. 8. At the time of payment, Defendant began ripping the back porch down and removing debris. 9. However, Defendant did not remove all debris as required by the contract, nor did he remove the concrete slab of the existing porch or the existing handrails as he was supposed to do pursuant to the contract. 10. On March 15, 2003, Defendant advised Plaintiffs that he was prepared to begin excavation. 11. Accordingly, based on Defendant's representation as to the start of excavation and in accordance with the contract terms, Plaintiffs paid Defendant the second installment of $7,375.00. 12. Because it rained the day Defendant was to begin excavation, the start of excavation was postponed. 13. Defendant was to have completed the drawings necessary for Lower Alien Township approval on or before May 9, 2003. 14. In addition, Defendant was to have acquired all necessary permits for excavation and demolition of the existing porch from the Township. 15. Plaintiffs were informed by the Township that no permits were ever acquired by the Defendant, or even applied for, and drawings that Defendant had previously submitted to the Township had been rejected for non-compliance. 16. After Plaintiffs placed numerous phone calls to Defendant without response, Defendant finally agreed to meet with Plaintiffs and discuss the continuation of the work. 17. The meeting was to occur on May 22, 2003, however, Defendant failed to appear, call, or otherwise change the meeting date. l 8. Since such time, Plaintiffs attempts to contact Defendant Miller have been ignored. COUNT I - BREACH OF CONTRACT William and Tabatha Piekos v. Martin L. Miller, d/b/a United Home Improvements 19. The averments of paragraphs one (1) through eighteen (18) are incorporated herein by reference as if set forth in full. 20. The Plaintiffs contracted with Defendant for the removal of their exiting back pomh, and for the excavation, erection, and construction of a new back pomh. See Exhibits "A" and "B" attached hereto. 21. The total contract price was Thirty Five Thousand and 00/100 Dollars ($35,000.00) to be paid in installments as follows: (a) $7,375.00 due upon signing contract; (b) $7,375.00 due at start of excavation; (c) $5,500.00 upon completion of walls; (e) $7,375.00 due when under roofi (f) $7,375.00 upon completion. See Exhibits "A" and "B". 22. Defendant breached the contract as detailed in paragraphs seven (7) through eighteen (18) above, the averments of which are incorporated herein by reference as if set forth in full. 23. Defendant has been paid a total of Fourteen Thousand Seven Hundred Fifty and 00/100 Dollars ($14,750.00) by Plaintiff and has breached the provisions of the contract. 24. Defendant is liable to Plaintiffs for the amounts paid to date without completion of the corresponding work, attorney fees incurred by Plaintiffs, and additional expenses and costs incurred by the Plaintiffs to have the work completed. WHEREFORE, Plaintiffs, William and Tabatha Piekos, demand judgment in their favor in the amount of $14,750.00, plus interest, attorney fees, costs, and expenses resulting from the breach of Defendant, Martin Miller, of the contracts attached hereto. COUNT II - FRAUD H/illiam and Tabatha Piekos v. Martin £. Miller, d/b/a United Home Improvements 25. The averments of paragraphs one (1) through twenty-four (24) are incorporated herein by reference as if set forth in full. 26. Defendant misrepresented to the Plaintiffs that he was capable of performing the work detailed in the contract. See Exhibits "A" and "B" attached hereto. 27. Defendant misrepresented to the Plaintiffs that he had obtained all permits necessary for the completion of the work detailed in the contract. See Exhibits "A" and 28. Defendant misrepresented to the Plaintiffs that if he were paid the first and second installment payments under the contract, he would complete the corresponding work associated with the installment payments. 29. Plaintiffs relied on the misrepresentations of Plaintiff as detailed above to enter into the contract and make the first two installment payments under the contract. 30. Defendant's representations were knowingly false as evidenced by Defendant's lack of expertise to perform the work contracted for, failure to acquire all permits for the performance of the job, and refusal to complete work once he had been paid by Plaintiffs. WHEREFORE, Plaintiffs, William and Tabatha Piekos, demand judgment in their favor in the amount of $14,750.00, plus interest, attorney fees, costs, and expenses resulting from the breach of Defendant, Martin Miller, of the contracts attached hereto. COUNT III - VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAWi 73 P.S. ~201-1 et se{I. William and Tabatha Piekos v. Martin L. Miller, d/b/a United Home Improvements 31. The averments of paragraphs one (1) through thirty (30) are incorporated herein by reference as if set forth in full. 32. A contract for professional services, such as that involved in this case, is within the purview of the Unfair Trade Practices and Consumer Protection Law. 33. Plaintiffs were induced to enter into the contract and to perform under the contract by making the first two installment payments based on Defendant's misrepresentations as set forth in paragraphs twenty-six (26) through twenty-eight (28) above, the averments of which are incorporated herein by reference as if set forth in full. 34. Defendant was acting within the scope of his authority as the dole proprietor of United Home Improvements at the time the misrepresentations were made. 35. Defendant's misrepresentations constitute unfair or deceptive acts or practices in violation of §201-2(4)(xvii) and §201-3. WHEREFORE, Plaintiffs, William and Tabatha Piekos, demand judgment in their favor in the amount of $14,750.00, plus and including treble damages, punitive damages, interest, attorney fees, costs, and expenses resulting from the breach of Defendant, Martin Miller, of the contracts attached hereto, Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: July 1, 2003 By: ~~ JARAD W. HANDELMAN, ESQUIRE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiffs, William and Tabatha Piekos Exhibit A )ROPOSAL : UNITED HOME IMPROVEMENTS 3175 Valley Road Marysville, PA 17053 'ROPOSAL SUBMIt'rED TO: NAME ADDRESS PHONE NO. WORK TO BE PERFORMED AT: ADDRESS DATE OF PLANS ARCHITECT SH_ EET NO. DATE We hereby propose to furnish the materials and perform the labor necessary for the completion of O~, C,vTG;~f ~d ~,,v~3krcI ~,~, ',~-c~/.c ~c: ..... / p..~/, ~..~,..~ c,:.,.-:: All material is guaranteed to be as specified, and the above work to be performed in accordance;.with the~_/drav~in~ and specifi- cations submitted for above work and Completed in a substantia.[ w.~o. rrl~manlike manner for the sum of ; ,~.~. ,~.~-~-~~:' ~~ Dollars ($ ~1/ 0 ~ ) with payments to be made as follows. ~:~r ~' o~ t :,v :.~,31 ~ / :~6 ~ Respectfully subm tted . - - cidents, or delays beyond our control Note ~ This proposal may be withdrawn by us ff not accepted within days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hercCay accept~ed./Vo~ are authorized as specified. Payments will be made as outlined above. Signature Date ('J' ~-"~'-' 1:: ~05 Signature ~1~'"'~,',' NC 3818-50 PROPOSAL to do the work Exhibit B )ROPOSAL UNITED'HOME II~PRO~EMENT8 3175 V~lley Road ' Marysvilte, PA 17053, ~ROPOSALSUBMI~ED TO[.- ~ ADDRESS PHONE NO WORKTO BE PERFORMED AT: ADDRESS ! ~ / /'~ - DATE OF PLANS ARCHITECT ~ F",, / We hereby propose to furnish the mater,als and perform the labor necessary~'for the. core'etlon of~__O ~ ~/~0,-.¢- - L/ -- ... , w~th payments to be made as follows. All material ~s guaranteed to be, as specified, and-"the above ~w(~r~ to be performed in accordance wiD. the drawings and spe¢ifi- cations~5'~itte~ fo[ above work-.~nd ¢-~l~bt~d in a~s~n~tial,~o~r~r,nanlike manner_f~ the sum of ".~,¢~¢~-E(.:%~L¢~.~ - Respectfully submitted ~.-:-:5.~.?~-z~_._- Per Note--This orooosal may be withdrawn Dy us if no[ accepted within ~days. .~:.~,, -.~ ACCEBTANCE OF PROPOSAL cg~i~ltlo~"~re'-s~.~¢~81ory a~nd are hereby acceoted, t as specified. P~meh~ will be mad~ as o~tiified'~bdve. -'~ ' ~/ ~ ' ~ Signature ~ Date % ~ ~ Signature ~"~ NC 3818-50 PROPOSAL MADE IN USA VERIFICATION The undersigned, William Piekos, hereby verifies that the facts set forth in the foregoing Complaint are tree and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. WILLIAM PIEKOS and TABATHA PIEKOS, husband and wife, Plaintiffs VS. MARTIN L. MILLER d/b/a UNITED HOME IMPROVEMENTS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3203 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the Complaint filed in the above-captioned action. The Complaint shall be reinstated and forwarded to the Sheriff for service on Defendant(s). Dated: JAMES, SMITH, DIETTERICK & CONNELLY, LLP A~omeyI.D.#82629 P.O. Box 650 Hershey, PA 17033-0650 (717)533-3280 Attorney for the Plaintiffs SHERIFF'S RETURN - REGULAR CASE NO: 2003-03203 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PIEKOS WILLIAM ET AL VS MILLER MARTIN L DBA UNITED HOM KENNETH GOSSERT , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon MILLER MARTIN L DBA UNITED HOME IMPROVEMENTS the DEFENDANT , at 1800:00 HOURS, on the 3rd day of September, Sheriff or Deputy Sheriff of who being duly sworn according to law, APT 111 by handing to together with at 5 C RICHLAND AVENUE CAMP HILL, PA 17011 MARTIN MILLER a true and attested copy of COMPLAINT & NOTICE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 20.70 Affidavit .00 Surcharge 10.00 .00 48.70 Sworn and Subscribed to before me this ;~ day of thonotary So Answers: R. Thomas Kline 09/04/2003 JAMES SMITH DIETTERICK CONNELL WILLIAM PIEKOS and TABATHA PIEKOS, husband and wife, Plaintiffs VS. MARTIN L. MILLER d/b/a UNITED HOME IMPROVEMENTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3203 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and correct copy of the Notice of Default, a copy of which is attached, upon the following below- named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 24th day of September, 2003. Martin Miller United Home Improvements 5 C. Richland Avenue Apt. 111 Camp Hill, PA 17011 Martin Miller United Home Improvements 3175V~leyRoad Marysville, PA 17053 JAMES, SMITH, DIETTERICK & CONNELLY LLP BY: iA~D W.~H~AN~ 1 AN~~,ELMAN,~SQi~iR~ WILLIAM PIEKOS and TABATHA PIEKOS, husband and wife, Plaintiffs VS. MARTIN L. MILLER d/b/a UNITED HOME IMPROVEMENTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3203 CiVIL ACTION - LAW JU-RY TRUkL DEMANDED NOTICE OF DEFAULT TO: Defendant, Martin L. Miller DATE OF NOTICE: September 24, 2003 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 (10) 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 A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108/(717) 243-3166 JAMES, SMITH, DII~TTERICK &fc;QNNELLY, LLP Attorney I.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiffs WILLIAM PIEKOS and : TABATHA PIEKOS, tmsband and wife, : Plaintiffs : : vs. : NO. 03-3203 : MARTIN L. MILLER d/b/a : UNITED HOME IMPROVEMENTS, : Defendants : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter a default judgment in favor of Plaintiffs, William Piekos and Tabatha Piekos, against Defendants, Martin L. Miller and United Home Improvements, in the total amount of Sixteen Thousand Nine Hundred Seventy Three and 69/100 Dollars ($16,973.69), such amount consisting of the following: Damages Plead In Complaint: Interest at 6%: Attorney Fees and Expenses: TOTAL: $14,750.00 $717.63 $1,506.06 $16,973.69 The default is as a result of Defendants' failure to plead within ten (10) days of the Notice of Default that was sent to the Defendants on September 24, 2003. The Notices, along with Proof of Mailings, are attached hereto as Exhibit "A". Dated: October 13, 2003 By: Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP JARAD W. HANDELMAN, ESQUIRE Attorney I.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorney for Plaintiffs, William and Tabatha Piekos WILLIAM PIEKOS and : TABATHA PIEKOS, husband and wife, : Plaintiffs : : vs. : NO. 03-3203 : MARTIN L. MILLER d/b/a : UNITED HOME IMPROVEMENTS, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, JAR. AD W. H~XlDELMAN, ESQUIRE, do hereby certify that I served a true and correct copy of the Notice of Default, a copy of which is attached, upon the following below- named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin Count3,, Pennsylvania this 24th day of September, 2003. Martin Miller United Home Improvements 5 C. Richland Avenue Apt. 111 Camp Hili, PA 17011 Martin Miller United Home Improvements 3175 Valley Road Marysville, PA 17053 JAMES, SMITH, DIETTERICK & CONNELLY LLP BY: JAKA_D W~HANDELMAN.X~SQL~ ~ JAMES Shorn4 D~- -~ICK & CONNELLY LLP Jarad W Handelman jwh@jsdlegaLcom September 24, 2003 Martin Miller United Home Improvements 3175 Valley Road Marysville, PA 17053 Re: Piekos v. Miller d/b/a United Home Improvements No. 2003-3203 Dear Mr. Miller: Enclosed please find a Notice of Default advising you that you are in default for your failure to respond to the Complaint filed by my clients in the above-captioned matter and served upon you on September 3, 2003 by the Cumberland County Sheriff's Department at the address to which this correspondence is directed. You are advised to read the enclosed Notice of Default carefully and respond within the referenced time. You are further advised to contact the attorney referral service listed on the Notice of Default for assistance. Should you fail to respond to the within Notice of Default, a Default Judgment will be entered against you immediately following the expiration often (10) days from the date of the enclosed Notice. I am forwarding you a copy of this correspondence and the enclosed Notice of Default to your business address as well. Thank you for your kind attention. MAX J. SMITH, JR OF COUNSEL: Very truly yours, Jarad W. Handelman JWH:ak cc: William and Tabatha Piekos WILLLizM PIEKOS and T?JBATHA PIEKOS, husband and wife, Plaintiffs VS. MARTIN L. MILLER d~b/a USXFITED HOME 12MPROVEMENTS, Defendant Ex[ THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3203 CIVIL ACTION - LAW JURY TRIAL DEMAxNDED NOTICE OF DEFAULT TO: Defendant, Martin L. Miller DATE OF NOTICE: September 24, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAtL~",rCE 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 (t0) DAYS FROM THE DATE OF THIS NOTICE, A JUT)GMENT MAY BE ENTERED AGA2NST YOU WITHOUT A HEARING ANT) YOU MAY LOSE YOUR PROPERTY OR OTHER 12MPORT,42NT RIGHTS. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108/(717) 243-3166 JAMES, SMITH, DIETTERICK &.-GONNELLY, LLP JARAD W. HANDELMA~N~,, ESQUIRE Attorney I.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiffs [AMI~ S~[ITH DF- %TRICK & CON~LLT LLP Jarad W Handelman jwh(~;jsdlegaI.com September 24, 2003 Martin Miller United Home Improvements 5 C Richland Avenue Apt. 111 Camp Hill, PA i7011 Re; Piekos v. Miller d/b/a United Home Intplovements No. 2003-3203 Dear Mr. Miller: Enclosed please find a Notice of Default advising you that you are in default for your failure to respond to the Complaint filed by my clients in the above-captioned matter and served upon you on September 3, 2003 by the Cumberland County SherifFs Department at the address to which this correspondence is directed. You are advised to read the enclosed Notice of Default carefully and respond within the referenced time. You are further advised to contact the attorney referral service listed on the Notice of Default for assistance. Should you fail to respond to the within Notice of Default, a Default Jud_mnent will be entered against you irmuediately following the expiration of ten (10) days from the date of the enclosed Notice. I am forwarding you a copy oftkis correspondence and the enclosed Notice of Default to your business address as well. Thank you for your kind attention. Very truly yours, J.a2VIES. SMITH, DIETTEPdC.~ & CONNELLY LLP Jarad W. Handelman "-~J ~ cc: William and Tabatha Piekos WILLIAM PtEKOS and TABATHA PIEKOS, husband and wife, Plaintiffs VS. MARTIN L. MILLER d/b/a UNITED HOME IMPROVEMENTS, Defendant IN THE COURT OF COMMON PLEAS CU'M-BERLAND COLE'qTY, PENNSYLVANIA NO. 03-3203 CIVIL ACTION - LAW J-URY TRIAL DEMANDED NOTICE OF DEFAULT TO: Defendant, Martin L. Miller DATE OF NOTICE: September 24, 2003 YOU .a_RE 1N DEFAULT BECAUSE YOU HAVE F.MLED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY, AND FILE IN WRITING WITH TILE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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 A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAxN- GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108/(717) 243-3166 JAMES, SMITH, DI~TTERICK &.~-ONNELLY, LLP JARAD W. HANDELMANqESQUIILE Attorney I.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiffs WILLIAM PIEKOS and : TABATHA PIEKOS, husband and wife, : Plaintiffs : : vs. : NO. 03-3203 MARTiN L. MILLER d/b/a : UNITED HOME IMPROVEMENTS, : Defendants : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHiN : Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Jarad W. Handelman, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced Jarad W. Handelman, Esquire Sworn to and subscribed before me this t3th day of October, 2003. I ,,~ ,,5 ~,~_ -/ C' ~--' Notary Public COMMONWEALTH Oir PENNSYLVANIA N©TAR!Ai SEAL [ M'CHELLEELLIOTT NOTARY PUBLiC j I HUMMELSTOWN, D'AUPHIN COUNTY / IMY COMMISSION EXPIRES JUNE 9, 2007~ WILLIAM PIEKOS and : TABATHA PIEKOS, husband and wife, : Plaintiffs : : vs. : NO. 03-3203 : MARTiN L. MILLER d/b/a : UNITED HOME IMPROVEMENTS, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATION OF MAILING I, Jarad W. Handelman, Esquire, certify that the attached written Notice of intent to file the within Praecipe wa~s mailed to Defendant Martin L. Miller d/b/a United Home Improvements on September 24, 2003. The date of the mailing of the Notice was after the failure to plead to the Complaint and more than ten (10) days prior to the filing of the within Praecipe. This certification is provided pursuant to Pennsylvania Rule of Civil Procedure 237.1 and satisfies the requirements thereof. Date: October 13, 2003 JARAD W. HANDELMAN, ESQUIRE Attorney I.D. #82629 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM PIEKOS and TABATHA PIEKOS VS. MARTIN L. MILLER d/b/a UNITED HOME IMPROVEMENTS File No.: 03-3203 Amount Due: $16,973.69 Interest: ~ 6% from 10/15/03 to 1/26/04 -- $287.39 Atty's Comm: $0 Costs: to be added TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): Please inventory and levy in place all personal property, both tangible and intangible, of Defendant Martin L. Miller d/b/a United Home Improvements, located at 5 C. Richland Avenue, Apt. 111 Camp Hill, PA 1701 I, including, but not limited to, all motor vehicles, books, records, inventory, equipment, furn/ture, supplies and accounts receivable. Please seize all cash, not to exceed the Writ amount. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s), (Indicate) Index this writ against the garnishee(s) as a/is pendens against real estate of the defendant(s) described in the attached exhibit~ L~ t,..~ (~,~ DATE: January 26, 2004 J~a~' Signature: Address: Attorney for: Telephone: Supreme Court ID No.: James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 Plaintiffs, William Piekos and Tabatha Piekos (717) 533-3280 82629 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3203 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WILLIAM PIEKOS AND TABATHA PIEKOS Plaintiff (s) From MARTIN L. MILLER D;B/A UNITED HOME IMPROVEMENTS, 5 C. RICHLAND AVENUE, APT. 111, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE INVENTORY AND LEVY IN PLACE ALL PERSONAL PROPERTY BOTH TANGIBLE AND INTANGIBLE OF DEFENDANT MARTIN L. MILLER D/B/A UNITED HOME IMPROVEMENTS, LOCATED AT 5 C. RICHLAND AVENUE, APT. 111, CAMP HILL, PA 17011 NOT LIMITED TO, ALL MOTOR VEHICLES, BOOKS, RECORDS, INVENTORY, EQUIPMENT, FURNITURE, SUPPLIES AND ACCOUNTS RECEIVABLE. PLEASE SEIZE ALL CASH, NOT TO EXCEED THE WRIT AMOUNT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherw/se disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $16,973.69 L.L. $.50 Interest ~ 6% FROM 10/15/03 TO 1/26/04 = $287.39 Atty's Corem % Atty Paid $130.70 Plaintiff Paid Date: JANUARY 27, 2004 (SeaD Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy REQUESTING PARTY: Name JARAD W. HANDELMAN, ESQUIRE Address: JAMES, SMITH, DIETTERICK & CONNELLY P.O.BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 82629 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM PIEKOS and TABATHA PIEKOS VS. MARTIN L. MILLER d/b/a UNITED HOME IMPROVEMENTS : File No.: 03-3203 : Amount Due: $16,973.69 : Interest: ~ 6% from 10/15/03 : to 1/26/04 = $287.39 : Atty's Comm: $0 : Costs: to be added TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession ofjudm~aent, but if it does, it is based on tho .. appropriate original procee&ng filed pursuant to Act 7 of 1966 as amended; and for leal p!g~pert_yq pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Perry Co. interest and costs upon the following described property of the defendant(s): Please inventory and levy in place all personal property, both tangible and intangible, of Defendant Martin L. Miller d/b/a United Home Improvements, located at 3175 Valley Road, Marysville, PA 17053, including, but not limited to, all motor vehicles, books, records, inventory, equipment, furniture, supplies and accounts receivable. Please seize all cash, not to exceed the Writ amount. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit...._~ _~) 5 DATE: January 26, 2004 S~gnature: ....._) ~,._/~/ ~,~x.~__ ..... Address: Attorney for: Telephone: Supreme Court ID No.: Jarad W. Handelman, Esquire James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 Plaintiffs, William Piekos and Tabatha Piekos (717) 533-3280 82629 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3203 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF PERRY COUNTY: To satisfy the debt, interest and costs due WILLIAM PIEKOS AND TABATHA PIEKOS Plaintiff (s) From MARTIN L. MILLER D/B/A UNITED HOME IMPROVEMENTS, 3175 VALLEY ROAD, MARYSVILLE, PA 17053 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE INVENTORY AND LEVY IN PLACE ALL PERSONAL PROPERTY BOTH TANGIBLE AND INTANGIBLE OF DEFENDANT MARTIN L. MILLER D/B/A UNITED HOME IMPROVEMENTS, LOCATED AT 3175 VALLEY ROAD, MARYSVILLE, PA 17053, INCLUDING, BUT NOT LIMITED TO, ALL MOTOR VEHICLES, BOOKS, RECORDS, INVENTORY, EQUIPMENT, FURNITURE, SUPPLIES AND ACCOUNTS RECEIVABLE. PLEASE SEIZE ALL CASH, NOT TO EXCEED THE WRIT AMOUNT. (2) You are also directed to aRach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $16,973.69 L.L. Interest ~ 6% FROM 10/15/03 TO 1/26/04 -- $287.39 Atty's Comm % Due Prothy Arty Paid $128.20 Other Costs Plaintiff Paid Date: JANUARY 27, 2004 (Seal) $1.00 CURTIS R. LONG Deputy REQUESTING PARTY: Name JARAD W. HANDELMAN, ESQUIRE Address: JAMES, SMITH, DIETTERICK & CONNELLY P.O.BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 82629 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on Wednesday, June 9, 2004, at which time the personal property of Martin L. Miller, D/B/A United Home Improvements, was sold to William and Tabatha Piekos, of 5 Boxwood Lane, Camp Hill, PA 17011, for the sam of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Wednesday, June 9, 2004 at, 11:00 A.M.E.D.S.T., at, 2001 Rupley Road, Apt. 106, Camp Hill, Pennsylvania, 17011. This Writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Poundage 2.53 Advertising 20.00 Law Library .50 Prothonotary 1.00 Mileage 31.05 Surcharge 20.00 Levy 20.00 Certified Mall Post Pone Sale 15,00 Garnishee TOTAL $ 128.08 Sworn and Subscribed to before me ' This /3 day of 2004 A.D. · Prothonotary So Answers: R. Thomas Kline, Sheriff t~y Clau-diffA. BrevCbaker WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3203 Civil COUNTY OF CUMBERLAND) CIV1L ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WILLIAM PIEKOS AND TABATHA PIEKOS Plaintiff (s) From MARTIN L. MILLER D/B/A UNITED HOME IMPROVEMENTS, 5 C. RICHLAND AVENUE, APT. 111, CAMP HILL, PA 17011 (1) You are ~lirected to levy upon the property of the defendant (s)and to sell PLEASE INVENTORY AND LEVY IN PLACE ALL PERSONAL PROPERTY BOTH TANGIBLE AND INTANGIBLE OF DEFENDANT MARTIN L. MILLER D/B/A UNITED HOME IMPROVEMENTS, LOCATED AT 5 C. RICHLAND AVENUE, APT. 111, CAMP HILL, PA 17011 NOT LIMITED TO, ALL MOTOR VEHICLES, BOOKS, RECORDS, INVENTORY, EQUIPMENT, FURNITURE, SUPPLIES AND ACCOUNTS RECEIVABLE. PLEASE SEIZE ALL CASH, NOT TO EXCEED THE WRIT AMOUNT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is Ibund in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $16,973.69 L.L. $.50 Interest ~ 6% FROM 10/15/03 TO 1/26/04 = $287.39 Atty's Comm % Due Prothy $1.00 AttyPaid $130.70 Other Costs Plaintiff Paid Date: JANUARY 27, 2004 (Seal) REQUESTING PARTY: Name JARAD W. HANDELMAN, ESQUIRE CURTIS R. LONG Prothonofi~'.y ~" Deputy Address: JAMES, SMITH, DIETTERICK & CONNELLY P.O.BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF T?lephone: 717-533-3280 Supreme Court ID No. 82629 SHERIFF'S SALE BY VIRTUE OF WRIT OF EXECUTION NO. 2003-3203 CIVIL TERM ISSUED OUT OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON WEDNESDAY TIlE 9TM DAY OF JUNE 2004 AT 11:00 A.M. THE PROPERTY OF MARTIN L. MILLER, D/B/A UNITED HOME IMPROVEMENTS, AT, 2001 RUPLEY ROAD, APARTMENT NUMBER ONE HUNDRED AND SIX, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA. THE FOLLOWING PROPERTY TO WIT: SOFA TELEVISION (TOSHIBA) COFFEE TABLE TELEVISION STAND FLOOR LIGHT MICROWAVE MISC. DISHES PLASTIC TABLE TABLE FISH TANK W/STAND ~3EDS (2) COMPUTER (MULTI SYNC) CHAIRS (7) TELEPHONE WICKER STAND VCR (EMERSON) MISC. RUGS MISC. POTS/PANS COFFEE POT PLASTIC CHAIRS (2) MIRROR' DRESSERS (2) TELEVISION (PHILCO) (A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE OF FIFTY-FIVE DOLLARS ($55.00) (B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF BEFORE DISTRIBUTION. (c) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS OFFICE ON THE 21sT DAY OF MAY 2004 NOT LATER THAN FIVE (5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED WITHIN THE TEN (10) DAYS THEREAFTER. TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF MARTIN L. MILLER, D/B/A UNITED HOME IMPROVEMENTS, AT, 2001 RUPLEY ROAD, APARTMENT N-LrMBER ONE HUNDRED AND SIX, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA. AND TO BE SOLD BY: R. THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE cARLISLE, PA 17013 .osm, ..,.,- CUMBERgAND COUNTY S/-/ER/FF'S OFF/CE CARL1SLE~ PA 17013 R. Thomas Kline, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Maxtin L. Miller, d/b/a United Home Improvements, by handing to William Piekos, of Five Boxwood Lane, Camp Hill, Pennsylvania 17011 for the sum of $1.00, it being the highest bid and price quoted for the same. Date and Time of sale, Wednesday June 9, 2004 at 11:00 A.M.E.D.S.T., at 2001 Rupley Road, Apartment One Hundred and Six, Camp Hill, Pennsylvania. Sworn and Subscribed to before me this ¢~h,~ day of q b~,~ My Commission Expires April ,~, 2005