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HomeMy WebLinkAbout01-0367 FX~ . r COMMONWEALTH OF PENNSYLVANIA COUNTY r~F CUMBERLAND Dist No.: 09-1-02 DJ Name: Han. ROBERT V. MANLOVS Adtlfe$51 1901 STATE STREET CAMP HILL, PA Telephone: (717) 761-0583 17011-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CilVll.., C'A`SE :NAME antl ADDRESS rWINDOWS & MORE, INC. 541 BRIDGE ST NEW CUMBBRLAND, PA 17070 L J VS. DEFENDANT: NAME and ADDRESS rWEAVER, TOM, ET AL. ~ 15 W MANOR AVE ENOLA, PA 17025 JOHN L. RAGONESE L J 541 BRIDGE ST DocketNo.: CV-0000448-00 NSW CUMBERLAND, PA 17070 Date Filed: 12f11f00 ,~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT Judgment was entered for: (Name) wRnvuR mnM Judgment was entered against: (Name) WTNnOws ~ MoRE, TNC- in the amount of $ Dn on: (Date of Judgment) '~, f 1 1 f Q 1 Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: Thls case dismissed without prejudice. Amount of Judgment Subject to AttachmenUAct 5 of 1996 $ Levy is stayed for days or ~ generally stayed. Objection to levy has been filed and hearing will be held: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ I Certified Judgment Totaf Date: Piace: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDF'.A COPY OF TFCE ~ JUD(jt}AEl`1~/TF)A19~CfQPT FC~iM WITH YOUR NOTICE OF APPEAL. Date District Justice I certify that this is a true and ~lpy of r the r e~eed' gs containing the judgment. d C Date ~/ 2r ,District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 , COMMONWEALTH OF PENNSYLVANIA f'.nl iNTV nF~ CDMBERLAND 09-1-02 DJ Name: Non. ROBERT V. MANLOVE Addfe55 1901 STATE STREET CAMP HILL, PA Telephone: (717) 761-0583 17011-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE '-NAME antl ADDRESS rWINDOWS & MORE, INC. 541 BRIDGE ST NSW CIIMBSRLAND, PA 17070 L J VS. DEFENDANT: NAME and ADDRESS rWEAVSR, TOM, ET AL. ~ 15 W MANOR AVE ENOLA, PA 17025 JOHN L. RAGONESE L J 541 BRIDGE ST Docket No.: CV-0000445-00 NEW CDMBERLAND, PA 17070 Date Filed: 12/11/00 THIS IS TO NOTIFY YOU THAT; Judgment: -FOR DRFSNDANT ~ Judgment was entered for: (Name) WRAVRR ~ T•TNnpi Judgment was entered against: (Name) WINDOWS & MORR 7NC_ in the amount of $ _ nn on: (Date of Judgment) i ~i i /ni Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to AttachmenUAct 5 of 1996 $_ Levy is stayed for days or ^ generaNy stayed. Date: Place: ~ Time: Objection to levy has been filed and hearing will be held: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYlCLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST IN2LUD~A COPY OF TMtS~I'ICE ~ JUD(~IAENY/TRA19&CAtPT F@RM WITH YOUR NOTICE OF APPEAL. Date I certify that this is a true and c ct 6r o e Z I Date I My commission expires first Monday of January, 2006 AOPC 315-99 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ District Justice proceedings containing the judgment. District Justice SEAL OF PENNSYWANIA :OURT OF COMMOF JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na NOTICE OF APPEAL n 19, acs r Notice is given That the appellant has filed in the above Cowl of Common Pleas an appeal from the judgment rendered by The District Justice on the date and in the case mentioned below -l-oL f // 7u --_._.__ CY 19 OOUO ~~ °00 LT 19 This. block will be signed ONLY when this notation is required under Pa. ..1.P: No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008&. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to The judgment for possession in This case FILE A COMPLAINT within twenty (20 J days after SignaWre of Prothonotary w Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form fo be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before Drstdct Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas Na - , appellee(s), to file a complaint in this appeal )within Twenty (20) days aher service of rule or suffer entry of judgmenT of non pros. SiignaWre of appellant or his attorney w agent RULE: To , appellee(s). - Name of apps/lee(s) (1) You are notified Tk13T a rule is hereby entered upon you To file acomplaint-in this appeal within Twenty (20) days after the date of servKe of this rule upon~you bj~personal service or by-'certified or registered mail. (2) If you do noT file a complaint within This time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of,service of this rule if service was by mail is The date of mailing. Date: , 14_. SignaWre of Prothonotary or Deputy noPCSlz-sa Name of COURT FILE TO BE FILED WITH PROTHONOTARY .:. ~~~-~e€z~, s, ,:..~ „aR~s-..,,. ~_ F~wz„ r - .:~rv£r.- ~,~.~~ aan*c.~m+~na«~.~~~ -m*~ - - . - a r PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FfLED W1TN1N F1VE (5) DAYS AFTER filing the notice of appeal. Check applicable boxes) CO~MILONWEALTFI CP PENNSYWANtA COUNfY'OF ... ; as ~ ~ - AFFIDAVIT: I herebysweer~o~ offirm4hgt I serveif ^ a copy ofJhe Notice of Appeal, Common Pleas No. - ~,upomiheDi;trio Justice designated therein on (date of nerd/ce) , 179+:, ^ by personal service ^ by (tertifiedj (registered) mail, senders receipt attached hereto,-and upon tfie appeliee,.(name) _. - ~ , on _ _ 79 ^ by personal service ^ by (certified) (registered) mail, sender's receipt aftached hereto. [] and further ihpt I served the Rule fo File a Complaunt accompanying the above Notice of Appeal epos the appeNee(s) to whom the Role was addressed on _._., 79^, ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUE~SCRIBED BEFORE ME THIS DAY OF, _, 79_, JlpnBfrrre of orJfclal before whom arlidavit was made Title aroNMfal My cartmission expires on 79_. /~ /fib Signature of afflant ~ ~. rs i~Y 1 ~ ~ ~ ,'r' ~~ ~ Y ~; ~~ ~ ~~` ~~~. .. .rm_ _ .. ;~sw.~~. yr.<..~--. r ~~ _~s~:?1~F ,~s3~vu ^~~~:.~ wa ,:;: 6.-- rv~~s ,-~s~'-+~r2R_. sz„ ._~ ~ .h~„..~s~ ~'N/~/~W.S ~~ ///a/C'6` ~Z4'G ~~A~A/~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. p~ -3~~ CNIL 19 ~~ ~~ ~~dA ~' ; ~~~vd~ . RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONOR/A~BLE, /THE JUDGES OF SAID COURT: </~ .C , ~~iol~~Lr , cee>HSeI for the plaintiff/de€+~t in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (ate) at Issue. ~"` ~y~,~ 2. The claim of the plaintiff in the action is $ rI~gb~~~~s C~ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel of aze otherwise disqualified to sit as azbitrators: WHEREPORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, Respectf lly submitted, AND NOW, foregoing petition, Esq., and .~1?l actions) as prayed ORDER OF COURT /,in consideration of the Esq., are appointed azbitrators in the above caption tl action (or By the Cou P.J. ,. _ _. ~~ ~ ~~ i`M• nq .n, ~y~ il!G- _ GU~~~NP!SYL'JANlR~N z ~.~ ;.~' ~.- ..>z U n ~ r>~,; ; r~~ ~ e~ . . ~ ~.o .=cn ~. ~ ,- --~ ~~ +~, `~' c~ G~~ ,. WINDOWS & MORE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. TOM and LINDA WEAVER NO. 01-367 Defendants CIVIL ACTION -LAW Enclosed please find the complaint filed against you. DATED: I- ZG- n ~ J L. GONESE, President Windows More, Inc. WINDOWS & MORE, INC., : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~. NO. 01-367 CIVIL ACTION -LAW TOM and LINDA WEAVER Defendants VERIFICATION I, JOHN L. RAGONESE, President of Windows & More, Inc., hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: ~' ~ ~~ J L. GONESE, President endows More, Inc. WINDOWS & MORE, INC., Plaintiff v. TOM and LINDA WEAVER Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-367 CIVIL ACTION -LAW 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 maybe 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 WINDOWS & MORE, INC. Plaintiff v. TOM and LINDA WEAVER Defendants COMPLAINT NO. 01-367 CIVIL ACTION -LAW Plaintiffis Windows & More, Inc., a Pennsylvania Corporation, with its office at 541 Bridge Street, New Cumberland, Pennsylvania 17070 2. Defendants are Tom and Linda Weaver residing at 15 West Manor Avenue, Enola, Pennsylvania 17025 3. Plaintiff entered into a written contract with the Defendants for a new roof and bathroom work. A copy of said contract is attached hereto as Exlnbit "A" and incorporated herein by reference. 4. The contract was completed on November 9, 2000. During the roof installation there were some damages caused to the roof and water leakage to inside of house. Penn National Insurance Company was brought in~and as of January 2, 2001 the Defendant was paid for all damages in the amount of $4,617.94, which satisfied the damages sustained as a result of the above problem Exhibit "B". The total contract was $8,714.00 and to date there is still an outstanding balance of $2,906.00 which has not been paid. WHEREFORE, Plaintiff seeks judgment in the amount of $2,906.00 plus costs of suit. DATED: ~'L(,-6/ - - ~--- J V L. GONESE, President indoors & More, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WINDOWS & MORE, INC., Plaintiff v. TOM and LINDA WEAVER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-367 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, John L. Ragonese, do hereby certify that on this date, I served a true and correct copy of the foregoing Complaint, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Tom and Linda Weaver 15 West Manor Avenue Enola, PA 17025 DATED: /-Z~n-Gi Jo . Ra nese ~~~~~~~ Creative Construction by Windows & More, Inc. --- - --- - ~ -~- "" " - ~ ~--Telephone (717) 774-6853 John L. Ragonese ~~ Fax (717) 7747191 President 541 Bridge Slreet New Cumtx~and, PA 17070 Mav 18, 2000 Tom and Linda Weaver ~ >l 15 W. Manor Avenue ~ `~ Enola, PA 17025 ~ 732-1515 Windows & More, Inc. will provide all labor and materials to do the following work at the above address: * Remove chimney below roof line and cap with plywood. Do not drop debris down ,/ chimney. * Build dormer straight up from outside wall [o accommodate 36" shower. * Drywall to be finished and ready to paint in dormer. r-„ .t r~ ~~~ ~ * Roof to be shed style. * Siding on dormer to match as close as possible to house siding. / * Rough plumbing. / * Install customer's shower, vanity, commode and fixtures. Customer to supply all - tixtures, wax rings, bolts. ,~~ ~Ir * Install customer's fan and light switch. Run exhaust hose through side ot~house. j * Remove old floor and install 3/4" t&g plywood. ~' ~~J` ~~ ~ 2 -Weaver 1, /. * Remove shingles on entire roof and install Tamko 25yr. dimensional shingle, black on with felt a er dri ed e, weatherguazd where needed and any flashing ~% black, p p p g where applicable. * if walls aze opened up to run new plumbing, close up and finish ready to paint. * Remove all job related debris from job site. * * Total ............................... l~ ~ ~ "1 Deposit ........................... '2, Q O ~ C.l~C~ ~ l '~~ 5 ~i i Payment on start .............. a4 O'er( ~ ~ v~ Balance on completion..... 2.®~ Ir Date Customer's Signature si~dn _ Date vl ~~ 10 0 Date 111 <. Signature Windows & More, Inc. JAhl-02-2001 TUE 1217 PM HBG CLAIMS ihili ,. Fil I I,i;,J~~~uq i'.1 I ]' '.. d;T;p ih dl d'S '1l ',.' I d. iii '.'i f~~'a,'I;} FAX N0, 717+ P, C1 J,utua:y z, zoDl 'Windows QG More, Inc. Attn: John Ragoncse 541 BridgeStreet New Ctunberland PA 17070 RE: Claim No: Insured: Date of Loss: Claimant: 001D2617784 Steve Welcomer 08-06-2000 Tom & Linda Weaver I)car John: Its of January 2, 2001, Penn National Insurance has paid the stutx of $4617,94 to Tom & Linda Weaver to satisfy damages sustained as a res,~lt of the above-mentioned claim. I hope this information fulfills your request. Should you have any questions, please eontacx me ac the n,unber listed. Very t,vlyyours, David L, Jones Claims Kepresentative 1-80D-942.9715 ~c3536 Cltll,l: Ajonevirlnna~m ~~ Ct- ~ Lf) ~ <.>,," r ~ `~a~= °° `-~ s , , _: - ~ _ ~.c~ =~ ~~ `; .._ .~ ~ ~, ..~=_r ,- x-x .. - ..v.a~ ?~~ ,.Y , rs2, ~z .?~"_ . &wv+3~:eii~ ~hus2! ``~'-cs~'~r' >-a..~u»c.'3YC~ r«. s~ . w - , -- - N(1TICF AF OPPEAL - vP rennsnvwnrw FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na p'..~7/ NOTICE OF APPEAL ~ ° ~ ~ ) 9/ ~?Q91 Notice is given thaT the appellant has filed in the above Court of Common Pleas an appeal from the judgment rerxlered by the District Justice on The date and in the case menfiorled beloau !~/~N/ ~' !//d2G-" -ltNG ~54 -1- oL ~Y. 7~/A*x/tcu: ADDRESS OF APPELLANT y alY STAIE ZIP CODE ~`fl (3~/d'~t ,r17~G-~"x ~//~~.u ~dn..~'~L.s~ra /°~ : ~ ~~ 7 u DATE FUIDnMENT ~THC fCCF r1F /PlniMilfl IDele~d2lill LT.19. ' - --.`_" _.~ . This bock will be signed'O LY when Phis notation is inquired under Pa PJ.P: Na If appellant was CLAIMANT (fee 'Pa. R.C.P.J.P. NO. 10088. This Notice of Appeal, .when ,received by the Distrid Justice, ,,will,. operate as a 1001(6) in action before DistdCt JC1Sttce, he MUST SUPERSEDEAS'to the judgment"for possession in this case FILE A COMPLAINT WI,#hin twenty (20 J days after filing his°NOTICE W APPEAL. Signature of Prothonotary or Deputy JPRAECIF+E TO`~ENTEIt"RULE TO FILE COMPLAINT AND RULE.TO-FILE- '' (Tliia section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.dP. No. 1001(7) in action before District Justice IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon , appellee(s), Tq, file p.corylplaint in this,appeal Name of appellees) °- - - (Common Pleas Na )within twenty (20) days after service of rule or suffer entry of judgment of non pros. ~,~ ~~~' i~~~,~-tie 2 Si$natu~,ot pPReII~JCQt'11~' '.r j y or a9em RULE: To " ~,~ ~ 'ark, >~ ~.,~ ~.' appellee(s). Name of appellees) (1) You are notified Thai a rule is hereby entered upon you to file a complaint in this appeal-within Twenty (20) days after the date of service of This rule: upon you by personal service or by certifred or registered mail. - (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by maN is the date of mailing Dote: , 14_. Si9nahoe of Rathwrotary or Deputy aoxslz-aa COURT FI[E ~~`r?~' .v ~ ~ - -. max.. _ . _ _ r {This proof o! service t~1JS?' RF. FILFLI ~trl7tiJfN FIVE {>) ~7A°~'S,a,c7ER fiiin~.rih€~ rafic;e= ~t`app€;e% Check' applCCabte boxes}_ Cb~A9MilNWEALTN QF @ENNSYLVANiA y - . ~CeUNTY OF IA,Y'(~~ t_L~~L_6~ ~. _._._._a ss . . 9~~~'A~dA~)gA 4 hereby sHrear ur al'firnt shat iserved,. - (1 rc~+r"veryiae)ri e ~`Itpep~alZC~rn'~~ Pisa ftto~.. `~/~~.~~ ~,:.,~, +.c.: i~t~h~r~-ifierB~ r~eaa4rre~)~cai3rs~.edt:U a f12 ~ , 7 ~!~. ~.~ / i//u. i reip' ut"ached hereto, us~ci,upon tlae appel9e~.(n;3rne} ";e1e;;~/~.,~-G~~ ,j/(~~1~ ~ ~-an ".. ~..:..~.-~-.~'.._r, tl9 ,.:.e~__~, 1'y-~porson~E seTve~e '[~ liar {eertifie~t) Cra~~at~re~E) rnart, wen~er'a re~.e ~,~t~t~fiacHed hereF©, ~.. - ~" [~~ ~sr~tF'~ft>rther~iha(~i served'the Rule to Fi1® a Complaint'acmrnpanying'the ab'o+f~; ~Pd'otice of Ap,~eal capon-'tFw~ appePleeZs),to., - - whom the Rule was addressed on:_„ ~____m~..._.~., 19._._,, [] by persona9 service [~ Fsy (certified} (registered} ~ ' mail, sender's receipt attasheil hereto. SWORN (AF_F~IR~MED) AND SUt,BSC9RIBED BEFORE ME ,l•IIS_ '~-~l' j DAY OF 'G ~ li r7` ~~ ~ -~ ,~'"~'/ ,, Signature ol afftaMafftaM SlgnaJure ol`~o beto whom aiiltlavlt was made - ~ ~ - My cammissian expires on ~~ w' , 16tT ; -~ -- ''.-c+o~ry PubNe ~ - ~. r Nt>~wber 1 Z06c3ry \~" ,'a'.. , ^ Complete Hems 1, 2; and` 3. Also dt)rtlpfete item 4 if Restricted Delivery is desired. ', ^ Print your name and address on the-reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressetl to: ~~~ ~~d~ GJE, .~ int dYearty- 'B. f)a[e o ery ! C. Signatu r' ', X % ~ -~ ^ Agent Y/// Addresses D.. Is delivery address different ftbm Rem'I? ^ Yes If YES, enter delivery address below: ^ No /s u/. /yjjr~r~e- due I - ~ w 3. Service Type ~j ®M ~, I~U p7,~ -~Certifled Mail ^ Express Mail J ^ Registered ^ Return Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) ^ yes ^ Complete items 1', 2, and 3. Also eomplete item 4 if Restricted Delivery is desired. '. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. ~'7~/Article Addressed to: ,/~ t¢Q/ f A: ^ Agent Is deGGery address tlRFerent from Rem 17 ^ Ves If YES, enter delivery atldress below: ^ No 3. Service Type ~Car['ffied Mail ^ Express Mail ^ Regis[eretl ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2 Article Number (Copy hom service label) p ~+ _ -I~51Foi'rh 3~~ id~)UI}A ro~9{ i s -. ~ ~Ci~ra' 6stiC~Efeturn Receipt tU2596-W~M-o952 i II 2. ArtiGe Number.(Copy from service labeq c> ~? c -III ~ ~~ ~~ Q. a __, ~ . -n A ~.', f^- _~ ~ ,~p N e~ N WINDOWS AND MORE, INC. IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. TOM AND LINDA WEAVER IN RE: ARBITRATION NO. 01-367 CIVIL TERM ORDER OF COURT AND NOW, February 14, 2001, the Court having found that the Petition for Appointment of Arbitrators filed in the above-captioned case is premature, the Board of Arbitrators previously appointed is vacated. By the Court, George .Hoffer, P.J. Court Administrator Joseph Buckley, Esquire, Chairman David Brady, Esquire Mary Patterson, Esquire C ~~" p,Z-lk'~ ~ R~3 yr ~ ~ r~ ~.~~ ~~_:. -:~, r~h I ~~ ! ^ I ~ z 4=• i~~l,l:.:~ ~cNPdSYI.~~A(~!F~ WINDOWS & MORE, INC. Plaintiff v. TOM and LINDA WEAVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-367 NOTICE TO PLEAD TO: Windows & More, Inc. 541 Bridge Street New Cumberland, PA 17070 YOU ARE HEREBY notified to file a written response to the enclosed Answer With New Matter and Counterclaim of Defendants Tom and Linda Weaver within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, TUCKERARENSBERG & SWARTZ By Dennis R. Suffer ' Attorney I.D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717)234-4121 Dated: Z ~~~~ D ~ Attorney for Defendants WINDOWS & MORE, INC. Plaintiff v. TOM and LINDA WEAVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-367 DEFENDANTS' ANSWER WITH NEW MATTER AND COUNTERCLAIM Admitted. Admitted. Admitted. 4. Denied. It is specifically denied that all work required by Plaintiff Windows & More, Inc. was completed on November 9, 2000. Plaintiff never finished the work that it was required to under the contract. Plaintiff s work which was performed was not completed in a workmanlike manner, was substandard and/or not in compliance with the contract specifications. Plaintiff Failed to complete the work in accordance with the contract. Admitted in part; denied in part. It is admitted that Plaintiff and/or its employees, agents or servants caused damage to Defendant's roof, and that through Plaintiff s negligence and/or breach of contract, water leaked into Defendant's home, causing substantial damage. It is denied that Defendants have received full payment for damages sustained by them due to the negligence and/or breach of contract by the Plaintiff and/or its agents. There has been no satisfaction of all the damages sustained by the Defendants. It is specifically denied that there is any outstanding balance owing under the contract, as the Plaintiff has not completed the required work pursuant to the contract, nor has the Plaintiff performed the work as required under the contract. WHEREFORE, Defendants demand judgment in their favor against Plaintiff as well as an award for attorneys' fees and costs of suit. NEW MATTER 6. Plaintiff failed to provide all labor under the contract. To the contrary, Plaintiff used subcontract labor as opposed to its own labor to perform some of the work under the contract, specifically, the roof work. 7. Plaintiff failed to complete all work as outlined in the agreement in several respects, which include, but is not limited to, failing to install the roof in accordance with the specifications or in a workmanlike fashion, failing to remove all job-related debris, failing to properly complete the sizing and hanging of the bathroom door, and using insufficient material and/or substandazd material on the project. 8. On or about August 4 through August 7, 2000, Plaintiff failed to properly secure the Defendants' home from the weather while performing the roof work, and as such, substantial leaking into the home occurred. Plaintiff was reckless and negligent in failing to properly and timely provide services under the contract. 10. Plaintiff was reckless and negligent such that it caused extensive damage to the roof and interior of the Defendants' home. 11. Plaintiff is estopped from prosecuting this case for its failure to fulfill its obligations under the contract in question. COUNTERCLAIM Tom and Linda Weaver v. Windows & More, Inc. 12. Paragraphs 1 through 11 above are incorporated herein by reference. 13. Through the aforesaid negligence of Windows & More, Inc., its agents, employees and/or servants in the damage to the Defendants' roof and/or failure to properly perform the services, the Defendants have sustained extensive damage to the interior of their home. The cost of repair of which is believed to be $2,427.19. (See attached estimate of Yeager Construction and Insurance Restorations, Inc. of 10/27/2000, marked as Exhibit "A" and incorporated herein by reference.) 14. The Plaintiff, by and through its employees, agents, and/or servants, substantially damaged the Defendants' home, especially the roof, in the course of performing services. The extent of said damages is currently unknown, as the majority of the damage may not be visible and can only be determined upon a complete removal of the roof. (See Letter of 01/05/2001 from Yeager Construction and Insurance Restorations, Inc., marked as Exhibit "B" and incorporated herein by reference. 15. In order to properly evaluate and repair the damage caused by the Plaintiff s negligence, the entire roof needs to be removed and redone. The cost of said work will be $4,638.00. {See Proposal dated 02/12/2001 from McCartney Roofing, Spouting & Siding, marked as Exhibit "C" and incorporated herein by reference. 16. The cost to replace the roof which was damaged by the Plaintiff, by and through its agents, employees or servants, will be in the amount of $.50 per foot for labor, plus the cost of materials, or a maximum of $2,160.00 for a total replacement of the roof sheathing. 17. Plaintiff failed to properly complete all the work under the contract in question in a workmanlike fashion and in accordance with the requirements of the contract. 18. As a result of the Plaintiff s breach, Defendants now must have the roof completely redone due to the inadequate nature of the existing roof through the Plaintiff s breach. The cost of said roof replacement will be $4,638.00. (See Exhibit "C"). WHEREFORE, Defendants respectfully counterclaim against the Plaintiff for a judgment due to Plaintiff s negligence and its breach of its contract as follows: (a) Repair all interior damages to the Defendants' home in the amount of $2,427.19; (b) Complete replacement and repair of the roof of the Defendants' home for a total cost of $6,798.00; and (c) Attorneys' fees, costs and interest, as well as any other relief that the Court may deem appropriate. Respectfully submitted, TUCKER ARENSBERG & SWARTZ By -Dennis ~ Sheaffdr Attorney I.D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: v ~~~J ~J Attorney for Defendants 36869.1 VERIFICATION I, the undersigned, TOM WEAVER, do hereby certify that I am the PLAINTIFF in the foregoing action, and that the statements made in the foregoing ANSWER WITH NEW MATTER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. DATE: 02 ' /'~- O / 36974.1 TOM WEAVER CERTIFICATE OF SERVICE AND NOW, this J day of 2001, PAULA J. BEITER, for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Windows & More, Inc. 541 Bridge Street New C~rmberland, PA 17070 l~-Q-~ PA A J. BEI ~ R ' • '~ •z7-oer-oo Yeager Construction and Insurance Restorations Inc. i P.O,. Bqx 73 ~, Hummelslown, PA 17036 phone:(717j566-4901 Job No. ''~ Y000103A ~, Customer Name: !Tom Weaver Street Addr.: 15 W. Manor Ave City/Town , Enola State: Pa Zip Code: ' 17025 Home/Alt Tel: ~ (917} 7334515 -- Business Tel: Subject: RoofDamsgp ~ UPSTAIRS BEDROOM 12.9 X 9.9 X 1 6.9 Description Qty , Unit Utrit Cost I Total General Clean Up 1.00 I~tS (a3 $2 L00 ~ $21.00 PlastcrRepair(Walls) 1.00 EA @ $1SO.OO $150.00 Protective Covering 127.71 $F @ $0.10 ~~ !~ $T2.77 Item/Res Room Contents 2.00 I3R @ $21.00i ~ $42.00 Rem/ResetCeilu}g Light 1.00 ~A @ $10.00 ~ $10.00 Seal and Paint Ceiling 12'1.71 $F @ $0.59 $75.35 Seal aad Paint Walis ~ 314.64 ~F @ $O.S9 ': $185.64 UPSTAIRS BEDROOM TotaL• ~ $496.76 UPSTAIRS LANDIIQG ! 6 X 9.3 X S Description Qty {Jnit Unit Cost i Total - Plaster Repair ~ 1.00 )rA @ - $8S.OO r I, $88.00 Protective Covering, . 55.80 SF @ $0.10 ;: $5.58 _ RemlRes Room Contents 1.00 1IR @ $21.00 $21.00 Rem/Reset Ceiling Cght 1.00 IsA @ $10.Q0 !' $10.00 Seal and Paint Ceiling 55.80 $F @ $O.S9 " $32.92 Seal and Paint walls 153.00 $F @ $0.59 ':. $90.27 UPSTAIRS LANDING Total: $244.77 SPARE BEDROOIv~ ~ 9.6 X 14 , X i 6 Description Qty Unit Uait Cost , Total General Clean Up 2.00 I3RRS @ $21.00 ' $42.00 Light Fixture (Bj j 1.00 ~A @ $78.OO I: ' $78.00 PlasterRepair(Walls) I - ! I ~i I 1.00 EA i ~ @ $150.OO i $180.00 ~. i. i Protective Covering 134.40 SF ', @ Rem Light Fixttire 1.00 EAi @ Rem/Res Room Contents 3.00 ~HR; @ j Seal and Paint Ceiling 134.40 ; SF I, @ Seal and Paint Walls 283.20 ! SF @ SPARE BEDROOMTotal: UPSTAIRS CLOSET 0 X Descri tion Qt it U n p y --r General Clean Up 2,00 HIjS @ Plaster Repair 1.00 EA @ Protective Covering 0.00 SF; @ Retn/Res Room Contents 4.00 HIt @ Rem/Reset Ceiling!Light 1.00 EA @ Seal and Paint Ceiling ~ 96.50 SF: @ Seal and Paint Walls..;. ~ 338.50 SF @ UPSTAIRS CLOSETTotal: STAIRWAY 15 X Description, Qty Unit Protective Covering 39.00 SF @ Seal and Paint Ceiling 39.00 SF @ $eal and Paint Walls 246.40 SF @ STAIRWAY Total: Jqb YC00103 Total: Estimator. Jack Yeager i I I z $0.10 $13.44 $12.00 $12.00 $21.00 ! ~ $63.00 $0.59 ' $79.30 $0.59 ~ ~ $167.09 82 I 0. X j ! 0 Unit Cost ~ .' Total $21.00 ~ $42.00 $85.00 j $85.00 $0.10 ~ $0.00 $21.00 1 i $84.00 $10,00 ~ $10.00 i. $0:69 j $66.58 $0.59 ! $199.72 $487.30 2.6 X 7 Unit Cost Total .$0.10 ! $3.90 $0.59 ' $23.01 $0.59 $145.38 $172.29 $2,005.94 27-ocr-oo Yeager Construction and Insurance Restorations Inc. P.O. Box 73 Hummelstown, PA 17036 phone: (717)566-4901 1 Re : Job 1CC00103A Tom Weaver d5 R'. Manor Ave ~Enola Pa 17025- DEMOLITION & HAULING ELECTRICAL LIGHTING INTERIOR PAINTING j PLASTERING MISCELLANEOUS i I !0 % Overhead ~ I i i 10 % Prof t i ~: Structure Gleaning Contents Qieaning Sales Tas (Structure Cleaning) Sales Taz(Contents Cleaning) I TOTAL i $12.00 $108.00 $1,100.94 $470.00 $315.00 $2,005.94 $200.59 ~ $2,206.53 $220.65 I~I~; $2,427.19 $0.00 '~: $0.00 $T 2427 19 ~! $0.00 $0.00 $2,427.19 Yeager Construction and Insurance Restorations Inc. P.O. Box 73 Humme[stown, PA 17036 Phone (717) 566-4901 Fax (717) 566-4902 Jarmary S, 2001 Tom Weaver I S W Manor Ave. Enola, PA 17025 To Whom It May Concern: Yeager Construction and Insurance Restoration Inc. inspected the damages to the roof of the Weaver's on October 22, 2000. Adler inspection, we found five areas of visual damage. These areas were observed from the crawl space in the attic of the structure. At all five locations, the roof decking (1 x 6) lumber had been broken through. It appeared that the bundles of shingles when stacked on the roof had broken the decking. Due to the fact that the second story of this house is finished only the area of the roof visible from the crawl space could be observed. It is unable to detect if other areas of the could be damaged unless the entire roof is striped or interior drywall removed . If you have arty questions of concerns please feel free to call me at the office Sincerely, Jack ager ~~A~D,l~M1 Page No. of Pages McCARTNEV ROOFING, SPOUTING & SIDING' ' 149 E. Dauphin Street ENOLA, PENNSYLVANIA 17025 Phone 732-2401 PROPoBAL SUBMITTED TO PHONE DATE oMd. i..triT~iy wCa.iLli 2-lSrS 1-i. ~-1~-a1 aTREET ~ JOB NAME I S W - r't Alai OI'i A~/E. CITY, STATE AND 21P CODE JOB LOCATION ' ARCHITECT DATE OF PLANS JOB PHONE t{ ~TOt'f^f W• i`•LCCA•z'll..[ ~-I7.-U 1 GUS-000oI aterial and labor -complete in accordance with above specifications, for the sum of: ~P ~[D}iDDP hereby to furnish m 1 ay ant to be made as follows: 3 , cJ0 '.r/ --LAC `~ 5 U r s LC - All material is guarantaatl to he as spe<ifietl. All work to bs completetl in a workmanlike manner aeeoMing to stantlartl proctleas. AnY alteration or tlaviation from shove speciliea~ Authorized Lions Involving estro casts will ha asecYted only upon written ortlero, and will Oeeome an Signature estra charge owr antl shove the estimate. All agreements contingent upon strikes, aecitlents Note: This ro osal ma be or tlabri beyontl our control. Owner to carry tire, tometlo and other necessary Insurance. P P Y yy VO days. Our worken ero lolly caveretl hY Workmen's Companution Insurance: withdrawn by us it not aCCepf¢d within tions and estimates for: We hereby submit specific a ~~ ^^ ~~ T'L/-~2 U~\ ~JC UL7'~ ~~I~T~V~'I{'^•4 LLS WI'f'~ "Y-I /\r-n r'•fZ5 ~.\ 'TLLI.fArL /.fit-L LUOSC Vim[-lC A'TiJ.r.•(~ ~,/I-t~.__.$ 'i'~C ..J..ly __~.G. scr~1KC•eJJ... __ J 3=~/ C/~SF L7U-F +~'{~ E-.7i-~I+iG t-itJ~'-7~Enr e.t[T-Lr~ W ~ ,off _ _... ...... - e~ T-~rcJ.A~. /~6.GU/~ tJ 11,~ `'[~~oL r _. .... ~113C!'3,GuiSS cC.T. f art A~fn ~••:r~ / .... v~l-Ir N~JLfS ( .ZS R. CiuAT2 /~~rTi G ~ ./~. 5, ` -t-A~t- ( ..... .. ~A1 S t ` -` ` - 1 ~ G.~ Sf.15;~. AI-L G./a- t-,.~C[A~1{~C2k..~/l~Gl-1 7cGC St{.t[Li) FB4 ~A 'r3 v -cr :-~ tlG LZOO r / +tis~ swt~r/J` 20 1. "~cJ.A- ,°ALCGA v~.i~.~c;,6 /C LUSCTy~ ... ~7 \~ \ / ~ -^ ~:~LS-~-rfa4L. ~~.'-7. r• ~~:L hf.~O~liC:~~- / ~'l..aJGr....... .... .rr F ~` ~ ~• I q, l ~I-i .4JL ALL ~~ Fr3'RIS /~WAy _ _.. .... -10-\ -aJ'SE A r G ~~cK ..y y~....iuU. S...E.. .,~r/~.t~5. __ ...__. _.. _. . .~1~15 ~'Pr~ICC ~cl.~J'of5' `-~ r3on +'-t q~Crz,A~S -I,.SAt_CST~cx . +h/O rt lG-r~l Al~sS f{.~. GUA''2A~CT). -2 ~~C.JO\. Yr25.. ~Or:..M.Tti~..... ....... J ~ t~foT<1~.~-~ ~t3 .a. r~ st{ca-ft.4..•.NCo..T3oA.riog. ...W. _ ,. t-~ . . T3_L RGfa_I-a~<. c: ,~.. e~.. ........._..__. ~/ / (// f ~ 5 A,~t /a.Tj r>s~o.~At- ~4J S"~.. _Olj . .~/~U.S~/~^i,.. .l.. A,.•~~2 ....... _.... _..... l U -~i~< C cJS~ cyy _Ia G ~St~ c/,1~,1Lc4 tr~4 T3a .+lK pS _... ~) f~0-~ ~1~~-~ -~f~U.-RG5i{G/r~Tt-LC l.~I..t2G~,~.~,'(~ c..1.tT 1-1 ..... __...... .... ... ~~ _. ,P4CLP}1};~IICP ~ ~TD}1D$M(-The above prices, specifications antl wnditions era satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. ~~ Date of Acceptance: ~, =. ~ ~ c 1 ~,~ ~'` -- -- :: a E._ r, ~.. ~ } s7 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WINDOWS & MORE, INC. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW TOM and LINDA WEAVER :No. 01-367 NOTICE TO PLEAD 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 maybe 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, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court#32317 549 Bridge Street New C~xmberland, PA 17070 (717) 774-1445 WINDOWS & MORE, INC. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW TOM and LINDA WEAVER :No. 01-367 REPLY OF PLAINTIFF TO NEW MATTER AND COUNTERCLAIM NOW COMES the Plaintiff, Windows & More, Inc., by their attorney, Barbara Sumple- Sullivan, Esquire and files this Reply to New Matter and Counterclaim: 6. Admitted in part. Denied in part. It is admitted that Plaintiff did provide all necessary labor as required by the scope of work of the contract. It is further admitted that Plaintiff used subcontract labor for completion of the roof work. The implication of Defendant's pleading that use of subcontract labor was somehow inappropriate in this regard is denied. Plaintiffhad every right under the terms of the contract to subcontract any portion of work. Denied. It is denied that Plaintiff failed to complete the work in accordance with the contract. Proof of such failures are required. It is averred that all materials used were of appropriate standards. 8. Admitted in part. Denied in part. It is admitted that Plaintiff's subcontractor, Steve Welcomer had failed to properly secure the Defendants' home during the roof work, which failure caused leakage. It is denied that such work was within the scope of the contractually responsibilities retained by Plaintiff in his contact with his subcontractor. It is further averred that Defendants have been paid in full for any and all damages caused by the failure of the subcontractor, Steve Welcomer. 9. Denied. Paragraph 9 is denied as conclusion of law and no responsive pleading is required. 10. Denied. Paragraph 10 is denied as a conclusion of law and no responsive pleading is required. By way of further answer, the averments of paragraph 8 are incorporated herein by reference. 11. Denied. Paragraph 11 is denied as a conclusion of law to which no responsive pleading is required. By way of further answer, it is asserted that Plaintiff completed its responsibilities under the contract in question. COUNTERCLAIM 12. Plaintiff/Counterclaim Defendant incorporates its averments as contained in paragraphs 1 through 11 by reference. 13. Admitted in part. Denied in part. It is admitted that through the negligence of an agent of the Plaintiff, Steve Welcomer, the Weavers sustained damage to the interior of the home. It is denied that said damage was extensive. It is also averred that said damage was paid in full by the subcontractor. 14. Denied. After reasonable investigation, Counterclaim Defendant is without 2 knowledge as to the truth of the averment and said paragraph is denied. By way of further answer, it is asserted that Counterclaim Plaintiffs were paid for all damages sustained by the failures of the subcontractor through full payment by said subcontractor's insurance carrier. 15. Denied. After reasonable investigation, Counterclaim Defendant is without knowledge as to the truth of the averment and said paragraph is denied. 16. Denied. After reasonable investigation, Counterclaim Defendant is without knowledge as to the truth of the averment and said paragraph is denied. 17. Denied. Paragraph 17 is denied as a conclusion of law to which no responsive pleading is required. To the extent that there may have been issues during the construction which resulted in damage to the Counterclaim Plaintiff's property, all such issues have been rectified through full payment under the liability insurance policy of the subcontractor. 18. Denied. After reasonable investigation, Counterclaim Defendant is without knowledge as to the truth of the averment and said is denied. WHEREFORE, Judgment is requested for the Counterclaim Defendant. Dated: April 18, 2001 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff and Counterclaim Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court I.D. No. 32317 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WINDOWS & MORE, INC. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW TOM and LINDA WEAVER :No. 01-367 VERIFICATION We, John L. Ragonese, President of Windows & More, Inc., hereby certifies that the facts set forth in the foregoing REPLY OF PLAINTIFF TO NEW MATTER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 7`~~"6i , 2001 n agonese, President Windows & More, Inc. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 WINDOWS & MORE, INC. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW TOM and LINDA WEAVER :No. 01-367 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the foregoing Reply of Plaintiff to New Matter and Counterclaim, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Dennis R. Sheaffer, Esquire 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Dated: April 18, 2001 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff and Counterclaim Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WINDOWS & MORE, INC., Plaintiff v. TOM and LINDA WEAVER, Defendants v. STEVE WELCOMER, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-367 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 aze 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 aze 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 TELEPHONE NUMBER: (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WINDOWS & MORE, INC., Plaintiff v. TOM and LINDA WEAVER, Defendants v. STEVE WELCOMER, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW :No. 01-367 COMPLAINT OF PLAINTIFF, WINDOWS & MORE, INC., AGAINST ADDITIONAL DEFENDANT, STEVE WELCOMER AND NOW, this 18"' day of April, 2001, comes Plaintiff, Windows & More, Inc., by and through its attorney, Barbara Sumple-Sullivan, Esquire and states as follows: Additional Defendant, Steve Welcomer is an adult individual residing 150 Pearl Street, Millersburg, Dauphin County, Pennsylvania 17061. 2. On or about January 26, 2001, Plaintiff instituted this action against Tom and Linda Weaver (hereinafter referred to as "Defendant Weaver"). A copy of the Complaint is attached hereto as Exhibit "A". 3. Defendant Weaver filed their Answer, New Matter and Counterclaim to Plaintiff's Complaint. The terms of said Answer, New Matter and Counterclaim aze incorporated by reference herein and attached hereto as Exhibit "B". 4. According to Defendants' Counterclaim and New Matter, defective and faulty construction was alleged to perform on Defendant's residence. 5. Pursuant to an oral contract between Plaintiff and Additional Defendant, Steve Welcomer, Defendant Welcomer was to provide all labor necessary for the proper completion of roof work due on Defendants' home as specified in Exhibit "A" of Plaintiff's Complaint. 6. If any construction defects exist, said defects were caused by the additional Defendant Welcomer. 8. Plaintiff denies any liability to Defendants for any alleged damages to be incurred as same was expressed in the Counterclaim. 10. If it is judicially determined that there are any damages due and owing to Defendants on this Counterclaim, then it is averred that the additional Defendant Welcomer is responsible for all work performed or damages to the real estate which may have caused said damages. Additional Defendant is solely liable to Defendant for any and all -2- damages suffered by Defendant, or is jointly or severally liable with Plaintiff, and/or is liable over to Plaintiff for indemnification and/or contribution, for any and all damages suffered by Plaintiff with liability on the part of Plaintiff being expressly denied. WHEREFORE, Plaintiff, Windows & More, Inc., respectfully requests the following: 1. Steve Welcomer be added as an additional defendant to this action: 2. Judgment that, if there is any liability to Defendants, additional Defendant Steve Welcomer is solely liable. 3. In the event that a verdict is recovered by Defendants against Plaintiff, Windows & More, Inc., that Plaintiff, Windows & More, Inc. may have judgment over and against Additional Defendant, Steve Welcomer by way of indemnification and/or contribution for the amount recovered by Defendants against Plaintiff, Windows & More, Inc., together with costs, interest and costs of suit. submitted, Date: ~'l ~~ Bazbaza Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland; PA 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff -3- A - WINDOWS & MORE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. TOM and LINDA WEAVER NO. 01-367 Defendants CIVIL ACTION -LAW Enclosed please find the complaint filed against you. DATED: -~-ZC -v~ J L. GONESE, President Windows More, Inc. .~ WINDOWS & MORE, INC., : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-367 CIVIL ACTION -LAW TOM and LINDA WEAVER Defendants VERIFICATION I, JOHN L. RArONESE, President of Windows & More, Inc., hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: ' Z(~'o/ <----- - JOHI~ L. GONESE, President doves More, Inc. WINDOWS & MORE, INC., : IN THE COURT OF COMMON PLEAS Plaintiff i CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 01-367 CIVIL ACTION -LAW TOM and LINDA WEAVER Defendants 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 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 r WINDOWS & MORE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. TOM and LINDA WEAVER NO. 01-367 Defendants CIVIL ACTION -LAW COMPLAINT 1. Plaintiff is Windows & More, Inc., a Pennsylvania Corporation, with its office at 541 Bridge Street, New Cumberland, Pennsylvania 17070 2. Defendants are Tom and Linda Weaver residing at 15 West Manor Avenue, Enola, Pennsylvania 17025 3. Plaintiff entered into a written contract with the Defendants for a new roof and bathroom work. A copy of said contract is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The contract was completed on November 9, 2000. During the roof installation there were some damages caused to the roof and water leakage to inside of house. Penn National Insurance Company was brought in~and as of January 2, 2001 the Defendant was paid for all damages in the amount of $4,617.94, which satisfied the damages sustained as a result of the above problem. Exhibit "B". The total contract was $8,714.00 and to date there is still an outstanding balance of $2,906.00 which has not been paid. WHEREFORE, Plaintiff seeks judgment in the amount of $2,906.00 plus costs of suit. DATED: ~' ~"~~ J L. ~ AGONESE, President indoors & More, Inc. WINDOWS & MORE, INC., Plaintiff v. TOM and LINDA WEAVER Defendants IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-367 CIVIL ACTION -LAW I, John L. Ragonese, do hereby certify that on this date, I served a true and correct copy of the foregoing Complaint, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Tom and Linda Weaver 15 West Manor Avenue Enola, PA 17025 DATED: /-Z~o-v~ Joh~~. Ra nese __-- Creative Construction by Windows & More, Inc. John L Ragonese Telephone (717) 774-6853 Ares ~oant Fax (717) 7747191 5a ~~. Bodge Svee< Ne++ Cumberland. PA 17070 -1a~ IS.?000 I um and Linda Weaver .' j~ I> W. 'Manor Avenue ' ~(~,~ Lnula. P.~ UO?~ /~ -i= l~l~ ~1 inflows ~ \1ure. lnc. will provide all labor and nuterials to do [he following work at thr atx~~e address: fi Itenwve chimne} below root line and cap with plywood. Do not drop debris down . chinute~ ' Build dormer straight up fiom outside wall to accommodate 36" shower. Dn wall to bc• finished and ready to paint in dormer. -,: , "~ ~ . Kool to be shed style. Siding on dormer to match as close as possible to house siding. ,~ Kough plumbing. /' Install customer's shower, vanity, commode and fixtures. Customer to supply all fixtures. wax rings, bolts. /t , f Install customer's fan and light switch. Kun exhaust hose through side ufhausr. Kemove old floor and install3/4" t&g plywood. ~ i ..~ 2 -Weaver LET T/ ~~~~ * Remove shingles on entire roof and install Tamko 25yr. dimensional shingle, black on black, with felt paper, drip edge, weatherguard where needed and any flashing where applicable. * If walls are opened up to run new plumbing, close up and finish ready to paint. * Remove all job related debris from job site. * Total ............................... `(.') ~ ~ Deposit ........................... Payment on start ............. Balance on completion..... 2.C~ ~ ~`/ //~ / /~ 1 ~ UO x /~7'rC"'7 i.L V`~ .r-~~~~. Date ' S ~~ bD Date s~~~loo Date Windows & More, Inc. '' JAN-02-2001 TUE 1217 PN HBG CLAIMS FAX N0. 717+ ~//,'/,~////// '///~~.~[~y P. 01 ' i'ii I> ,,, ^il ~ 'AEI `,1 91 ; Id. January 2, 2001 ,,/ ~~~!1y ~!/tTiCZ~!Itt -vsu«n!~cr. Windows & More, Inc, Attn: John Ragnnese 54] Bridge Street New Cumberland PA 17070 RE: Claim No: Insured: Date of Loss: Claimant: lk:ar John: 00102617784 Steve Welcomer 08-06.2000 Tom & Linda Weaver As of Januuy 2, 2001, Penn National Insurance has paid theatun of $4b17.94 to Torn & Linda Weaver to satisfy damages sustained as a result of the above-mentioned claim. I hope this information fulfills your request. Should you have ury questions, please contact me at the ntunber listed. Very t:vlyyours, David L, Jones Claims Representative 1-800-942.9715 x3536 ClIlail: Qioner•G~Dn:It.com WINDOWS & MORE, INC. IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :CIVIL ACTION -LAW TOM and LINAA WEAVER, NO.O1-367 Defendants NOTICE TO PLEAD TO: Windows & More, Inc. 541 Bridge Street New Cumberland, PA 17070 YOU ARE HEREBY notified to file a written response to the enclosed Answer With New Matter and Counterclaim of Defendants Tom and Linda Weaver within twenty (20) days from service hereof ar a judgment may be entered against you. Respectfully submitted, TUCKER ARENSBERG & SWARTZ Dated: ~ ~~~~ ~ By Dennis R Suffer ~ ' Attorney I.D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717)234-4121 - Attorney for Defendants I' WINDOWS & MORE, INC. Plaintiff v. TOM and LINDA WEAVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVII, ACTION -LAW NO. 01-367 DEFENDANTS' ANSWER WITH NEW MATTER AND COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is specifically denied that all work required by Plaintiff Windows & More, Inc. was completed on November 9, 2000. Plaintiff never finished the work that it was required to under the contract. Plaintiffs work which was performed was not completed in a workmanlike manner, was substandazd and/or not in compliance with the contract specifications. Plaintiff failed to complete the work in accordance with the contract. 5. Admitted in part; denied in part. It is admitted that Plaintiff and/or its employees, I i .~ agents or servants caused damage to Defendant's roof, and that through Plaintiff s negligence and/or breach of contract, water leaked into Defendant's home, causing substantial damage. It is denied that Defendants have received full payment for damages sustained by them due to the negligence and/or breach of contract by the Plaintiff and/or its agents. There has been no satisfaction of all the damages sustained by the Defendants. It is specifically denied that there is any outstandan$ balance owing under the contract, as the Plaintiff has not completed the required work pursuant to the contract, nor has the Plaintiff performed the work as required under the contract. WHEREFORE, Defendants demand judgment in their favor against Plaintiff as well as an awazd for attorneys' fees and costs of suit. NEW MATTER Plaintiff failed to provide all labor under the contract. To the contrary, Plaintiff used subcontract labor as opposed to its own labor to perform some of the work under the contract, specifically, the roof work. 7. Plaintiff failed to complete all work as outlined in the agreement in several respects, which include, but is not limited to, failing to install the roof in accordance with the specifications or in a workmanlike fashion, failing to remove all job-related debris, failing to properly complete the sizing and hanging of the bathroom door, and using insufficient material and/or substandazd material on the project. 8. On or about August 4 through August 7, 2000, Plaintiff failed to properly secure the Defendants' home from the weather while performing the roof work, and as such, substantial leaking into the home occurred. 9. Plaintiff was reckless and negligent in failing to properly and timely provide services under the contract. 10. Plaintiff was reckless and negligent such that it caused extensive damage to the roof and interior of the Defendants' home. 11. Plaintiff is estopped from prosecuting this case for its failure to fulfill its obligations under the contract in question. COUNTERCLAIM Tom and Linda Weaver v. Windows & More. Inc. 12. Paragraphs 1 through 11 above aze incorporated herein by reference. 13. Through the aforesaid negligence of Windows & More, Inc., its agents, employees and/or servants in the damage to the Defendants' roof and/or failure to properly perform the services, the Defendants have sustained extensive damage to the interior of their home. The cost of repair of which is believed to be $2,427.19. (See attached estimate of Yeager Construction and Insurance Restorations, Inc. of 10/27/2000, marked as Exhibit "A" and incorporated herein by reference.) 14. The Plaintiff, by and through its employees, agents, and/or servants, substantially damaged the Defendants' home, especially the roof, in the course of performing services. The extent of said damages is currently unknown, as the majority of the damage may not be visible and can only be determined upon a complete removal of the roof. (See Letter of 01/05/2001 from Yeager Construction and Insurance Restorations, Inc., marked as Exhibit "B" and incorporated herein by reference. 15. In order to properly evaluate and repair the damage caused by the Plaintiff s negligence, the entire roof needs to be removed and redone. The cost of said work will be $4,638.00. (See Proposal dated 02/12/2001 from McCartney Roofing, Spouting & Siding, mazked as Exhibit "C" and incorporated herein by reference. 16. The cost to replace the roof which was damaged by the Plaintiff, by and through its agents, employees or servants, will be in the amount of $.50 per foot for labor, plus the cost of materials, or a maximum of $2,160.00 for a total replacement of the roof sheathing. 17. Plaintiff failed to properly complete all the work under the contract in question in a workmanlike fashion and in accordance with the requirements of the contract. 18. As a result of the Plaintiffs breach, Defendants now must have the roof completely redone due to the inadequate nature of the existing roof through the Plaintiff s breach. The cost of said roof replacement will be $4,638.00. (See Exhibit "C"). WHEREFORE, Defendants respectfully counterclaim against the Plaintiff for a judgment due to Plaintiff s negligence and its breach of its contract as follows: (a) Repair all interior damages to the Defendants' home in the amount of $2,427.19; (b) Complete replacement and repair of the roof of the Defendants' home for a total cost of $6,798.00; and (c) Attorneys' fees, costs and interest, as well as any other relief that the Court may deem appropriate. Respectfully submitted, TUCKER ARENSBERG & SWARTZ ,~ By: Dennis Sheaft r Attorney .D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717)234-4121 Dated: ~ ~~~! ~ J Attorney for Defendants 36869.1 VERIFICATION I, the undersigned, TOM WEAVER, do hereby certify that I am the PLAINTIFF in the foregoing action, and that the statements made in the foregoing ANSWER WITH NEW MATTER AND COUNTERCLAIM aze true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification aze subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. DATE: 02 - /'~- O / 36974.1 TOM WEAVER CERTIFICATE OF SERVICE AND NOR', this •:i day of 2001, PAULA J. BETTER, for the firm of TUCKER ARENSBERG & SR'ARTZ, attorneys for hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Windows & More, Inc. 541 Bridge Street New Cumberland, PA 17070 PA A J. BE + R .; .i7-c~:-aa Yeager Co>~stricction Insurance'Restorations ina i P.Q. Bqx 73 Hununelstox~ PA 17036 phone: (717);566-4901 Job Na ! YC00103A Customer Name: j Tom Weaver. Street Addr.: ' 15 W. Manor Ave 1 CitylTown ; Enola State: Pa • Zip Code: • 17025- Home/Alt Tel: (7173-7334515 ~ - Business Tel: Subject: Roof Damage i UPSTAIRS BEDROOM 12.9 X 9.9 X S 6.9 Description Qty , Unit Unit Cost I Total General Clean Up 1.Oq HRS ~ $21.00 { $21.00 Plaster Repair (Walls) 1.00 EA (a3 $150:00 I 5150.00. Protective Covering 127.71 $F • (a3 $0.10 ~~ $12.77 Rem/Res Room Canteats 2.00 ~ @ $21.00 i~ $42.00 Rem/Reset Ceiling Light 1.00 1 1;.A @ $10.00 i~ $10.00 Seal and Paint Coiling ~ 129.71 $F @ $0.59 j $75.35 Seal and Paint Walls ~ 314.64 $F @ $0.59 ~ $185.64 UPSTATRS BEDROOM Total: I 5496.76 UPSTAIRS LANDING 6 X 93 X i 5 Plaster Repair ~ Protective Covering, RemlRes Room Cana, Rem/Reset Ceiling Lig Seal and Paint Ceiling Seal and Point V~alls UPSTAIRS L! SPARE BEDROOIv( Deseriptloa Qty Genera! Clean IJp 2.00 F Light Fixture (Bj 1.00 Plaster Repair (Walls) I 1.00. E :, • ! ~ I ' j i Qri unit unit cost - 1.00 'EA @ ~ $85.00 ~; 55.80 $F @ $0.10;: 1.00 HR @ $21.00 -1.00 EA @ $10.p0':;' 55.80 SF @ $0.59'! 153.00 SF @ $0.59;: .Total ' ~ i. Unit Cost 521.00! $78.00 5150.00; I i I i Total $85.00 55.58 $21:00 Sln.oo $32.92 59027 $244.77 6 Total 542.00 578.00 5150.00 ,:i; . Protective Covering ~ 134.40 SF @ .Rem Light Fi:nure 1.00 EA @ ' Rem/Res Room Contra 3.00 'HR @ j Seal and Paint Ceiling 134.40 SF ' @ Seal and Paint Walls 283.20 SF ~ @ SPAREBEDROOMTotai: UPSTAIRS CLOSET 0 X $0.10 $12.00 $21.00 $0.59 $0,59 0. X Description Qty 'Unit General Clean Up 2.00 HIjS Plaster Repair 1.00 : E.S @ • Protective Covering 0.00 SF @ Rem/Res Room Contend 4.00 HIt @ Rero/Reset CeilingLight 1.00 EA @ Seal and Paine Ceil~~ 96.50 SF @ Seal and Paint WallS~-~ 338.50 SF @ UPSTAIRS CLOSETTotaL• STAIRWAY ~ IS X Description; Qty Unit Proteceive Covering 39.00 SF @ Seal and Paint Ceiling 39.00 SF @ Seal and Paint Walls 246.40 SF @ STAIRWAY Total: ' Job Y000103 Total: Estimator: Jack.Yeager i I ~ i i ~ I i i i iii' i i i i 1 Unit Cost $21.00 I. $85.00 ;; $0.10 $21.00 I r $10.00 i. 50:69 ~. $0.59 2 $13.44 $12.00 $63.00 579.30 $167.09 $604.82 0 Total $42.00 $as.oo $0.00 $84.00 $10.00 $66.58 $199.72 $487.30 2.6 X 7 IInIt Cost Total .$0.10 ! $3.90 $0.59 $23.01 $0.59 $145.38 $17229 F $2,005.94 ,.i. i 1 { - R° z7-o~t-oo Yeager Construction and 'Insurance Restorations Inc. " P.O. Box 73 Hummelstown, PA 17036 phone: (717)566-4901 i Re : Job YC00103A Tom Weaver 15 W. Manor Ave ~Enola ~ Pa DEMOLITION & HAULING i ELECTRICAL LIGHTING i INTERIOR PAINTING j PLASTERIIV'G MISCELLAI?iEOUS i '. ~ j ~ 10 % Overhead i i 10 % Profit Structure Meaning Contents Cleaning , Sales Tai (Structure Cleaning) Sales Taz (Contents Cleaning) i ~_. ~~ ' i i i I ~ i i ~ i ~ i 1 1702rr $12.00 $108.00 $1,100.94 $470.00 $315.00 -~-= $2,005.94 ~~ '~ 5200.59 ~ $2,206.53 'I $220.65 j $2,427.19 $0.00 !i $0.00 n-r $2 42719 j $0.00 ~' 50.00 $2,427.19 TOTAL ~ I: - j - ~j Ii i I j I 1 ~ ~ i I jA Yeager Construction arrd Insurance Restorations Inc. P.O. Box 73 Hummelstown, PA 17036 Phone (717) 566-4901 Fax (717) 566-4902 Jarmary 5, 2001 Tom Weaver IS W. Manor Ave. Enolq PA 17025 To Whom It May Concern: Yeager Construction and Insurance Restoration Inc. inspected the damages to the roof of the Weaver's on October 21, 2000. After inspection, we found five areas of visual damage. These areas were observed from the crawl space in the attic of the structure. At all five locations, the roof decking (1 x 6) lumber had been broken through It appeared that the bundles of shingles when stacked on the roof had broken the decking. Due to the fact that the second story of this house rs finished only the area of the roof visible from the crawl space could be observed It is unable to detect if other areas of the could be damaged unless the entire roof is striped or interior drywall removed . If you have arty questions of concerns please feel free to call me at the once Sincerely, .lack ager McCARTNEY ROOFING, SPOUTING & SIDING ' 149 E. Dauphin Street ' ENOIA, PENNSYLVANIA 17025 .. ~ Phone 732-2401 of paaaDML weNmco To L %10NE - t 515 la. °'Ftt Z-IR-v 1 2 n 4- 1-I A w A.i leL T ~ Ma X.Wf att. mart wo zlr amE Jo0 LBGTIDa GNV~A "P LJ~A I70S~S - aafal-lT<CeT~ ~yolar.l w• r-IC GAS c MTF OI Mx8 -I2-<71 JBB NWBE 14 Gc~S-GGGI ~t ~[tl{IpBt hereby Io lumish malerlal and Idbor'- wmplele In xcordance with above speUlieallons, /or the sum o/: bJ ' ~ - .. -~ ~J~-L.. l...e(~ ~/'a dNlars (S y G3Ej•EJJ ). y and a M made p IDlbwa: 3 .v W -ate LC M mNNIN b pnaNfM b b fa fpNM4 M M b b aamNNN M a wrainfMib aNMIIIBd mr amntlq b NNMfrO pMkaa. aq a11wNM a lMNlwr INm e00ra fpMflp. ~ alur0 1Mnf FMrNa fNn calla wla M pRUMN only aWn Xm1m Nbn. xN MF Mcwna w an MnaFarp awr aiq abwlM abmflaMgrNmama NnlMpm uOan NNM anMrmf nn,p., tFb PmWaelm M eY N NMyr eaTwe ap aanlreL Omwr b carry nM, Iwnrb antl anrr ma.fBBry Mfunpa. 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Ragonese, President of Windows & More, Inc., hereby certify that the facts set forth in the foregoing COMPLAINT OF PLAINTIFF, WINDOWS & MORE, INC., AGAINST ADDITIONAL DEFENDANT, STEVE WELCOMER are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: 7-/8"6~ , 2001 J L. R onese, President of Windows & More, Inc. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Plaintiff v. TOM and LINDA WEAVER, Defendants v. STEVE WELCOMER, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW :No. 01-367 I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served the Complaint of Plaintiff, ~3'indows & More, Inc., Against Additional Defendant, Steve Welcomer, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Dennis R. Sheaffer, Esquire 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-08~A DATE: `l/~SArO~ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00367 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINDOWS & MORE INC VS WEAVER TOM ET AL 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 ADD'L DEFENDANT to wit: WELCOMER STEVE but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 16th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer ~ Docketing 18.00 "`~ ~'~ Out of County 9.00 ~~._ Surcharge 10.00 Thomas Kline DEP. DAUPHIN CO 38.00 Sheriff of Cumberland County .00 75.00 05/16/2001 BARBARA SUMPLE-SULLIVAN Sworn and subscribed to before me this ,~a.w~~day of~ a.o-o ( A . D . Prothonotary in his bailiwick. He therefore (~~~.t~cQ a~ $ ~51~extff 5 Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1'7101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin WINDOWS & MORE INC • WELCOMER STEVE vs Sheriff's Return No. 1224-T - - -2001 OTHER COUNTY NO, 01-367 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for WELCOMER STEVE the DEFENDANT named in the within COMPLAINT AGAINST ADDTL. DEFT. and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, May 9, 2001 PER JOHN URWIN, NEW RESIDENT SAYS DEFENDANT HASN'T LIVED THERE FOR THE PAST 8 MONTHS. NEED BETTER ADDRESS. PER POST OFFICE NOTHING ON FILE, SEE ATTACHED FORM. Sworn and subscribed to before me this 9TH day o MAY, 2001 `' ~. ~ ~ sf PROTHONOTARY So Answers, ~~°i~~G~ (/// ____ Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $38.00 PD 05/03/2001 RCPT NO 149415 ~ '~'~~ ~~aa>~~ ~~` ~~s®~ 1~~~~s of ~il~~~~F~~ C®u~a, ~~~~y~~~~g~ Windows & More,-Inc. VS. Tom & Linda Weaver, et. al. , Serve: Steve Welcomer No.ol-36? civil Now, 4/19/01 20 6P , I; SHERIFF OF CUMBERLAND C®Ul°JTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA A~~ad~vgt of ~~rv~~.~ Now, within upon at by handing to _ a and made lmown to 20`, at o'clock NI. served the copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before methis_dayof ;?fl C®STS SERVICE _ MILEAGE _ AFFIDAVIT County, PA Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17~7~ (717) 774-1445 ,, WINDOWS & MORE, INC., Plaintiff v. TOM and LINDA WEAVER, Defendants v. STEVE WELCOMER, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW :No. 01-367 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the Complaint of Plaintiff, Windows & More, Inc., Against Additional Defendant, Steve Welcomer that was filed April 18, 2001. DATE: ~~r~5/6/ /-r~ Liiusc .~ucc~ New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff ~• SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00367 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINDOWS & MORE VS WEAVER TOM ET AL 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 ADD'L DEFENDANT to wit: WELCOMER STEVE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 20th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answ ,,..---"` Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin Co 38.00 Sheriff of Cumberland County .00 75.00 06/20/2001 BARBARA SUMPLE SULLIVAN Sworn and subscribed to before me this dS / day of ~/ A.D. Prothonot~r " (~~~t~Q ~a~ ~p ~S~Pxiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2589 Jack Lotwick Sheriff Commenevealth ofPe~nsylvas-ia WINDOWS & MORE INC vs COUI1ty of DalflPhlll WELCOMER STEVE Sheriff's Return No. 1588-T - - -2001 OTHER COUNTY N0. 01-367 J. Daniel Basile Chief DepuTy Michael W. Rinehart Assistant Chief Deputy PND NOW: June 15, 2001 at 10:30AM served the caithin NOTICE & COMPLAINT ON ADD'L DEFENDANT upon WELCOMER STEVE by personally handing to TINA TRAVITZ, WIFE OF DEFENDANT I true attested copy(ies) of the original NOTICE & COMPLAINT ON ADD'L DEFENDANT and making known to him/her the contents thereof at 255 B MARKET ST. MILLERSBURG, PA 00000-0000 Sworn and subscribed to before me this 15TH day of JUNE, 2001 n ~~-.. f ~ PROTHONOTARY So Answers, Sheriff o Dauphin Count Pa. s~ BY J/ U Deputy Sheriff Sheriff's Costs: $38.00 PD 06/12/2001 RCPT NO 150903 PRYOR ~~ In The Court of Coilnilnon Pleas of Cumberland County, Peat>nsylvania Windows & More Inc. VS. Tan Weaver etal No. 2001 367 civil Now, hereby deputize the Sheriff of 20~_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,~~ Sheriff of Cumberland County, PA Affidavit ®f Service Now, within upon at by handing to a and made lrnown to So answers, the contents thereof. ~_' ~ .;. .~~ %,~ Sheriff of Sworn and subscribed before me this day of , 20. 20_, at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA