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HomeMy WebLinkAbout99-07568 t. y u Y %j h 4 a WN e .o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC. Plaintiff . CIVIL ACTION - LAW V. BRETT A. KEESEMAN and KARON M. KEESEMAN Defendants NO. - 76 b 0 JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 Defendant. 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 4`h Floor Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le han demaandado a usted en la corte. Si usted quieie 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 enforma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea ayisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y port cualqui er queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos i mportantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUF ICIENTE DE PAGAR TAL SEVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4`h Floor Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 Date: /02 8 - -",4 ?-45??7 Gregory R. "Reed, Es re Attorney for Plaintiff 2423 North Third Street Harrisburg, PA 17110 (717) 238-0434 r- NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INCplaintiff V. BRETT A. KEESEMAN and KARON M. KEESEMAN Defendants CIVIL ACTION - LAW No. of X19 • 75"G F C T"er- JURY TRIAL DEMANDED COMPLAINT The Plaintiff, NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., by its Attorney, Gregory R. Reed, Esquire, makes the following complaint: 1. The Plaintiff, NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal office located at 125 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendants, BRETT A. KEESEMAN and KARON M. KEESEMAN, are adult individuals residing at 2129 Carlisle Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about June 12, 1999 Plaintiff and Defendants entered into a written agreement obligating Plaintiff to install a wooden decking system on the residence of Defendants at 2129 Carlisle Road, Carlisle, Cumberland County, Pennsylvania and Defendants to pay Four Thousand Three Hundred and 00/100 ($4,300.00) Dollars for said work, a copy of said contract being attached hereto, marked Exhibit "A" and incorporated herein by reference. 4. Plaintiff completed the deck in a workmanlike fashion. 5. On July 29, 1999 Defendants received from a lender all of the monies due Plaintiff under said agreement, to wit: Four Thousand Three Hundred and 00/100 ($4,300.00) Dollars. 6. Defendants received those monies specifically to pay for the work performed by Plaintiff and only after Defendants signed a Completion Certificate which read as follows: NOTICE TO BUYERS: Do not sign this document until you have read it and all the statements made by you herein are true and correct. The undersigned Buyers hereby: Certify that all goods and/or services sold to us by Northeastern Home Improvements under a credit sales agreement dated 6/12/99 have been furnished and performed completely in accordance with the terms of said agreement. 7. Defendants have never identified any defects or negligent workmanship. 8. Defendants' act or acts of certifying completion of the work in accordance with the contract, obtaining the proceeds of the loan and then failing to pay those monies to Plaintiff is fraudulent, deceptive, vexatious and obdurate. 9. Plaintiff has frequently demanded payment from Defendants of said Four Thousand Three Hundred and 00/100 ($4,300.00) Dollars which is now due and owing as aforesaid but Defendants have refused and neglected and still refuse and neglect to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from the Defendants the sum of Four Thousand Three Hundred and 00/100 ($4,300.00) Dollars along with the cost of this suit, treble damages and attorney's fees due to the fraudulent, deceptive, vexatious and obdurate nature of Defendants' conduct. Date: 2 C Gregory R. Reed, Esquire Attorney for Plaintiff 2423 North Third Street Harrisburg, PA 17110 (717) 238-0434 Attorney I.D. No. 23705 VF,RIFmION This day of necember, 1999, the foregoing Plaintiff hereby verifies,; subject to the penalties of lA Pa.C,S. 4904 (relating,fo,une?worn falsification to authorities), that the facts set forth din the foregoing Complaint which are within his;: knowledge dre true, ;and as to the facts based on information received, after i diligent inquiry, lie believes them to be true. Mark Iterlin,Piesident of Northeastern Home Improvements of Harrisburg, Inc. ?f Bl Lill Aug-31-99 06:03A P.03 F Fir 0 T\ /I- F? AUMBIR EASTERN TA ri p J\ 0 V i?` ? ,f?j J a)S A' COA PENNSYLVANIA BUREAU 125 North Enola Street a Suite 106 Enola, PA 17025 y?j (717)732-3600 TO TT? Gy99ZS?InHA/ Job No. Zr2tJ NFL L Date C X117 (per//Sr fr' / 7?/ Ptwne# _ 4.3 Off. The undersigned, hereinafter call the Contractor, propose to furnish all materials and labor to Install, construct and place the Improvements described herein, according to the following specifications. onln building located at above address. 1. OBTAIN ALLAPPROPRIATE PERMITS AND INSURANCES. 6 /A/;7 W114- 64ft 7 vA rte' /?1?.c-s f=,< =:IDA T?Er..•.?c 7r?ss- yr ?cov r-s.-irr? !" Price _-0' Less Discount TOTAL_,,d_ DO NOTDO• D/P Received 500 K N3T /?T?-Z> BALANCEON Bel. to be final The Contraclor shall be permitted to proceed with this work on or about /Z,/":> and upon acceptance by you and the Conlrador, will, subject to unforeseen contingencies, commence work on or about Said date. Payment of the above work to be made as follows; Cash Loan Candetwn This agreement WWI become binding only upon when acceptance by the Contractor or upon the Commetor commencirg pudormanco and upon such acceptance or commancomont of Performance this shall consiWO the entire contract and be binding upon the parties bereto, them being no comments, prorMses, warranties or agroomants, written or oral, expressed or knplied. Except as herein set form. No Sates Reprosentalwo of the Contractor has authority to alter the tame of this agreement in any particular. It Is furthoragrood that: (A) ANY alteration or deviation Iron above specifications Im,eMng extra costs, will be executed only upon wrihen orders, and will become an extra charge over and above the original agreement. (0) The Centimeter shat not be wsponsible for damage, delay or default whore occasioned by any cases or any kind or extend beyond its control, Including. but not limited to, annod conflict or economic dislocation resulting thamirom, embargoes; shortages of hood raw materials, pmdmWn facilities or transportation: labor Nlhcultios; chvg disorders of any kind; action of civil or military aulhodtes (Including priorities and Allocatlms); fires, floods and accidenhets. Tie lien tarries WanYmads Compensation and Pubic Liability insuraroo, but does not assume risks of enycha actor under he contract o r veto I by sire lnsu a ra. (C) Thu propusai L Stilted to dolls rrwpUnrn loom date hared. (0) Thu Purchaser is dealing with Codrodor as prlncfpd and mat Via Cnntracinr is net wing Mrsundan AS me bent cur raprosantaa.e of any pillion, firm at corpotallon. (E) Deposits are nan•retundablo, it cash deal and/or rimrxing is obtained. l I a ACCEPTED Deposit /Amount _ O CASH U CHECK it .1g ±9 Signature Signature s Lxkk6kF 'nE t 0\ 1 I S l11, HOM)9 ?r G d ...a a CASE NO: 1999-07568 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTHEASTERN HOME IMPROVE ETC VS KEESEMAN BRETT A ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT AND NOTICE was served upon KEESEMAN BRETT A the DEFENDANT at 1505:00 HOURS, on the 27th day of December , 1999 at 2129 NEWVILLE ROAD CARLISLE, PA 17013 by handing to KARON KEESEMAN, ADULT IN CHARGE FOR DEFT. a true and attested copy of COMPLAINT AND NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.72 Aff idavit .00 Surcharge 8.00 .00 29.72 Sworn and Subscribed to before this day of So Answers: / R. Thomas Kline 12/28/1999 GREGORY REED By: eputy rper ??? y A.D.:4v ry A N-*t-4 v e®?w t :. CASE NO: 1999-07568 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTHEASTERN HOME IMPROVE ETC VS KEESEMAN BRETT A ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT AND NOTICE was served upon KEESEMAN KARON M the DEFENDANT , at 1505:00 HOURS, on the 27th day of December , 1999 at 2129 NEWVILLE ROAD CARLISLE, PA 17013 by handing to KARON KEESEMAN a true and attested copy of COMPLAINT AND NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 8.00 .00 14.00 Sworn and Subscribed to before me is day of So Answers: a R. Thomas Kline 12/28/1999 GREGORY REED / c By: ?y ep t She f `In I .7 /H?7) a A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC. Plaintiff VI. BRETT A. KEESEMAN and KARON M. KEESEMAN Defendants CIVIL ACTION - LAW q9_ -7s4.P JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS AND NOW, to wit, this 441- day of January, 2000, come the Defendants, by and through their counsel, BURKE & HESS, and file the within Preliminary Objections to Plaintiff's Complaint, the following of which are a statement: 1. The above-captioned action was commenced against Defendants by a complaint filed on December 20, 1999. 2. Plaintiff is "Northeastern Home Improvements of Harrisburg, Inc.," a Pennsylvania corporation. 3. The writing (hereinafter, the "Writing") upon which Plaintiff is bringing this action is not indicated as Exhibit "A," language in the complaint to the contrary notwithstanding. 4. The writing indicates the entity that purportedly contracted with Defendants to be "Northeastern Home Improvements," not "Northeastern Home Improvements of Harrisburg, Inc." 5. Defendants never contracted with Plaintiff, Northeastern Home Improvements of Harrisburg, Inc. 6. Plaintiff is not a party in interest, and therefore has no legal standing to sue Defendants. 7. Plaintiff has failed to indicate that it trades and does business under a fictitious name. 8. Plaintiff furthermore bases its claim upon the allegation of a promise to pay purportedly pursuant to the signature of a "completion certificate," which is not attached to the complaint. 9. Rule 1019(h) of the Pennsylvania Rules of Civil Procedure states that a pleading must state specifically whether a claim is based upon a writing, and if so, the pleading must attache a copy of the writing. 10. Plaintiff has failed to attach the written "completion certificate," which Plaintiff contends gives rise to a contract. 11. Plaintiff further contends that Defendants' alleged certification of completion and failure to pay the proceeds of a consumer loan constitute "fraudulent, deceptive, vexatious, and obdurate" conduct. 12. Rule 1019(b) requires that averments of fraud must be alleged with particularity. 13. Plaintiff's allegations of fraudulent practices are legally insufficient and violative of Rule 1019(b). 14. Plaintiff attempts to incorporate the language, which actually appears in 42 Pa. C.S. 2503 into this pleading by alleging vexatious and obdurate conduct. 15. Plaintiffs pleading fails to conforni to the requirements of 42 Pa. C.S. 2503 (which is not an available basis for recovery), and is impertinent. i .: t 16. Plaintiff has insufficiently pleaded with insufficient facts which steps it maintains that it undertook in "frequently" demanding payment from Defendants. 17. Plaintiff has pleaded with insufficient facts the basis for claiming an amount due of $4,300.00, since the Writing indicates another figure. 18. Plaintiff impermissibly seeks in its ad daumam clause costs of suit, treble damages, and attorneys fees "due to the fraudulent, deceptive, vexatious and obdurate nature of Defendants' conduct." 19. Plaintiff's ad daamrun clause is legally insufficient inasmuch as it seeks to recover damages that are not recoverable; and it is furthermore impertinent and scandalous, inasmuch as it contains allegations of fraud, deception, and vexatious and obdurate conduct. 20. Plaintiff has failed to state a cause of action upon which relief may be based. WHEREFORE, Defendants, Brett A. Keeseman and Karon M. Keeseman, respectfully request that your Honorable Court grant their Preliminary Objections and strike Plaintiffs complaint. Respectfully submitted, BURKE & HESS Bated: BY: Timothy A. Baker, Esquire 951 Rohrerstown Rd., Ste. 102 Lancaster, PA 17601-1974 CERTIFICATE OF SERVICE 1, Christina A. Maguire, Assistant to Timothy A. Baker, Esquire, do certify that on thisd d .ay of January 2000, I placed a true and correct copy of the foregoing document in the United States Mail first class and certified, postage prepaid, to the person and to the address set forth below: Gregory R. Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 BURKE & HESS BY: r Christina A. Maguir Assistant To Timothy A. Baker, Esquire C C) 1- n _ N C i J u f : .'J [L j U o o J U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC. Plaintiff V. BRETT A. KEESEMAN and KARON M. KEESEMAN Defendants PRAECIPE TO: Curt Long Cumberland County Prothonotary CIVIL ACTION - LAW No. 7568-99 Please discontinue the above captioned case without prejudice to Plaintiff. Date: a scIUU / regory R. Reed, Esqu' Attorney for Plaintiff 2423 North Third Street Harrisburg, PA 17110 (717) 238-0434 Attorney I.D. No. 23705 CERTIFICATE OF SERVICE AND NOW, this c5j day of February, 2000, I, Gregory R. Reed, Esquire, Attorney for Defendant, do hereby certify that I have this day served by first class mail a copy of the attached Praecipe to the following address: Timothy A. Baker, Esquire Burke & Hess 951 Rohrerstown Road, Ste. 102 Lancaster, PA 17601-1974 Gregory R. Reed, Esquire Attorney for Plaintiff 2423 North Third Street Harrisburg, Pennsylvania 17110 (717) 238-0434 Attorney I.D. 23705 = ? tl:?. ? , ? ,'.: ??; - CJ ?= ?.... -J 1?1 Il `.. L.. r, -:> _? :.i ?yr. ? .?