HomeMy WebLinkAbout03-4114ROGER W. FICKETT,
Plaintiff,
Vo
DAVID L. CALAMAN AND
KIMBERLY M. CALAMAN,
Husband and Wife,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
raj_
CIVIL ACTION - LAW
NOTICE
You have been sued in court. Ifyou wish to defend yourselfagainst 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 CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Sct~anc~c &
L~s~nc.
ROGER W. FICKETT,
Plaintiff,
V.
DAVID L. CALAMAN AND
KIMBERLY M. CALAMAN,
Husband and Wife,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NO.
CIVIL ACTION - LAW
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
pot 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, ia corte tomara
medidas y puede entrar una orden contra usted sin prevlo aviso o notificaclon 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 IMMED/ATEMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFIC1ENTE DE PAGAR TAL SERVICO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENC1A LEGAL,
~cg &
LL~s~clt
CUMBERLAND COUNTY BAR CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
LINSENI~CH
ROGER W. FICKETT,
Plaintiff,
DAVID L. CALAMAN AND
KIMBERLY M. CALAMAN,
Husband and Wife,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT
AND NOW COMES PLAINTIFF, by and through his attorney, Brian C. Linsenbach,
Esquire, and avers the following:
1. Plaintiff is ROGER W. FICKETT, an adult individual doing business as
ROGER W. FICKETT, with his principal place of business located at 1416 Kuhn
Road, Boiling Springs, Pennsylvania 17007.
2. Defendants are DAVID L. CALAMAN and KIMBERLY M. CALAMAN,
husband and wife, adult individuals residing at 1231 Claremont Road, Carlisle,
Pennsylvania 17013.
3. Plaintiff is in the business of providing various construction services for which
Plaintiff receives compensation.
COUNT I - Breach of Contract
4. Paragraphs 1 - 3 are incorporated herein by reference.
5. On or about November 25, 2002, Plaintiff and Defendants entered into an oral
Agreement, pursuant to which Plaintiff agreed to provide construction services for the
materials and installation of siding, soffit, gutter and downspouts, etc. for Defendants'
residence in consideration for Defendants' agreement to pay Plaintiff the value of these
materials and services.
6. Plaintiff did in fact provide the agreed upon construction services to Defendants.
A copy of the invoice evidencing the services rendered is attached as Exhibit "A".
7. The services rendered by Plaintiff to Defendants were at all times proper,
satisfactory and consistent with and in performance of the agreement between the parties.
8. Defendants made one payment to Plaintiff on the invoice in the amount of Five
Thousand Dollars ($5,000,00), but has since failed to pay in full as required by the
Agreement.
9. A second invoice for the remaining balance due for Eight Thousand Two Hundred
Sixty-Nine Dollars and Fifty-Three Cents ($8,269.53) is attached as Exhibit "B".
10. The remaining balance, as stated above, is still due and owing under the Agreement
between Plaintiff and Defendants.
11. Despite repeated demands by Plaintiff for payment, Defendants have failed and
refused to pay the amount due.
12. Defendants' failure to remit to Plalntiffthe balance due of $8,269.53 is a material
breach of the Agreement between Plaintiff and Defendants.
13. Defendants' breach, as aforesaid, has caused Plaintiff injury in the amount of
$8,269.53 plus costs.
WHEREFORE, PlaintiffROGER W. FICKETT demands Judgment against Defendants,
David L. Calaman and Kimberly M. Calaman, for the sum of EIGHT THOUSAND TWO
HUNDRED SIXTY-NINE DOLLARS and FIFTY-THREE CENTS ($8269.53), together with
costs and interest from the date of demand, being the date when the invoices were first mailed to
Defendants.
SCHRA(~K ~
LINSENBACH
COUNT II - Unjust Enrichment
14. Paragraphs 1 -13 are incorporated herein by reference.
15. Defendants requested the services of Plaintiffto provide materials and installation of
siding, soffit, spouting and downspouts, etc. as evidenced by Exhibit "A".
16. Plaintiff performed the services as Defendants had requested.
17. The services rendered by Plaintiff to Defendants were at all times proper, satisfactory
and consistent with and in performance of the Agreement between the parties.
18. The services provided by the Plaintiffincreased the value and enhanced the appearance
of Defendants' residence.
19. To date, Defendants have refused to pay the balance due on the invoice which is
$8,269.53.
20. As a result of the aforementioned, Defendants have become unjustly enriched at the
Plaintiffs expense.
WHEREFORE, PlaintiffROGER W. FICKETT demands Judgment against Defendants,
David L. Caiman and Kimberly M. Calaman, in the sum of EIGHT THOUSAND TWO
HUNDRED SIXTY-NINE DOLLARS and FIFTY-THREE CENTS ($8269.53), together with
costs and interest from the date of demand, being the date when the invoices were first mailed to
Defendants.
Respectfully submitted,
SCHRACK & LINSENBACH LAW OFFICES
BRIAN C. LINS
I.D. #87360
Attorney for Plaintiff
124 West Harrisburg Street
Dillsburg, PA 17019
(717) 432-9733
LINSF~NBACH
ROGER W. FICKETT,
Plaintiff,
V.
DAVID L. CALAMAN AND
KIMBERLY M. CALAMAN,
Husband and Wife,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NO.
CIVIL ACTION - LAW
VERIFICATION
[, ROGER W. FICKETT, the Plaintiff herein, verify that the facts set forth in this
Complaint are true and correct to the best of my knowledge, information, and belie£ This verification
is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. §4904) relating to
unsworn falsification to authorities.
ROGER W. FICKETT
Scab. aox &
SOLD TO:
ROGER W. FICKETT
1416 KUHN ROAD
BOIUNG SPRINGS, PA 17007
ROGER W. FICKETT
1416 KUHN RC)AD
BOILING SPRINGS, PA- 17007
(~1~) 2~-~2
./ ~ . / /'- ,1'~ .
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-04114 P
COMMONWEALTH OF PENNSYLVAlqIA:
COUNTY OF CUMBERLAND
FICKETTT ROGER W
VS
CALAMAN DAVID L ET AL
RICHARD SMITH
Cumberland County, Pennsylvania,
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 8th day of September, 2003
by handing to
true and attested copy of COMPLAINT & NOTICE
together with
says, the within COMPLAINT & NOTICE
CALAMAN DAVID L
DEFENDANT , at 2118:00 HOURS,
at 1231 CLAREMONT ROAD
CARLISLE, PA 17013
DAVID CALAMAN
a
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this /?~ day of
~'-,~, ,~ ~) · A.D.
/ ~Prothonotary J
So Answers:
R. Thomas Kline
09/09/2003
WILLIB~: S CHRAC~
~Sh~ri f f
REGULJtR
SHERIFF'S RETURN -
CASE NO: 2003-041114 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FICKETTT ROGER W
VS
CALAMAN DAVID L ET AL
RICHARD SMITH ,
Cumberland County, Pennsylvania,
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
8th day of September, __
by handing to
together with
says, the within COMPLAINT & NOTICE
CALAMAN KIMBERLY M
DEFENDANT at 2118:00 HOURS, on the
at 1231 CLAREMONT ROAD
CARLISLE, PA 17013
DAVID CA~, HUSBAND
a true and attested copy of COMPLAINT & NOTICE
2003
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
Affidavit 00 ,,
Surcharge 10.00 R. Thomas Kline
~00
16.00 09/09/2003
By: ~'-~ff
Sworn and Subscribed to before
me this /?~ day of
honorary
Scm~CK&
ROGER W. FICKETT :
Plaintiff :
DAVID L. CALAMAN and :
KIMBERLY M. CALAMAN, :
Husband and Wife :
Defendants :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND, PENNSYLVANIA
NO.~-4114
CIVIL ACTION - LAW
PRAECIPE FOR JUDGMENT OF DEFAULT FOR FAILURE TO ANSWER
AND ASSESSMENT OF DAMAGES
TO THE OFFICE OF THE PROTHONOTARY:
Please enter judgment of default in favor of Plaintiffand against defendants DAVID L. CALAMAN
and KIMBERLY M. CALAMAN, Husband and Wife, for defendants' failure to file an Answer to the
Complaint within 20 days from service thereof and assess Plaintiffs' damages as follows:
As set forth in the Complaint
Interest from 4/4/03 TO 10/4/03
Costs
TOTAL
$ 8,269.53
$ 248.O9
$ 950.00
$___ 9~467.6.___~2
I hereby certify that:
1. The complaint contained a notice to defend within 20 days from the date of service thereof.
2. Defendants were served with the complaint on Scotember 8, 2003, and defendants' answer was
due to be filed on September 29, 2003. The Process Receipts and Aff~davits of Return are attached as
Exhibit "A".
3. Notices have been given in accordance with Pa. R.C.P. 237.1, such notices are attached as
Exhibit "B" along with the 3817 Certificate of Mailing
Brian C. L~0)
Attorney for Plaintiff
124 W. Harrisburg St.
Dillsburg, PA 17019
(717) 432-9733
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
PROTHONOTARY
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-04114 P
COMMONWEALTH OF PENNSYLV~uNIA:
COUNTY OF CUMBERL/~D
FICKETTT ROGER W
VS
CALAMAN DAVID L ET AL,
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to
says, the within COMPLAINT & NOTICE
CALAMAN DAVID L
DEFEND~uNT at 2118:00 HOURS,
at 1231 CLAREMONT ROAD
CARLISLE, PA 17013
DAVID CALAMAN
a true and attested copy of
on the
was served upon
the
8th day of September,
by handing to
COMPLAINT & NOTICE
together with
law,
2003
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this day of
So Answers:
R. Thomas Kline
09/09/~003
WILLIAMBy: SCH~
Prothonotary
SHERIFF'S RETURN
CASE NO: 2003 04114 P
COMMONWEAI/FH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FICKETTT ROGER W
VS
CALAM3LN DAVID L ET AL
- REGULkR
RICHARD SMITH
Cumberland County,Pennsylvania,
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
8th day of September,
by handing to
together with
says, the within ,COMPLAINT & NOTICE
CALJ~MAN KIMBERLY M
DEFENDANT at 2118:00 HOURS, on the
at 1231 CLAREMONT ROAD
CARLISLE, PA 17013
DAVID CALAMAN, HUSBAND
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 6
Service
Affidavit
Surcharge 10
16
O0
O0
O0
O0
O0
Sworn and Subscribed to before
me this day of
So Answers:
R. Thomas Kline
09/09/2003
WILLIAM S CHRAC~
/-DepUty Sheriff
Prothonotary
SCHP,.nCK &
ROGER W. FICKETT, :
DAVID L. CALAMAN AND :
KIMBERLY M. CALAMAN, :
Husband and Wife, :
Defendants :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NO. 03-4114
CIVIL ACTION - LAW
David L Calaman
1231 Claremont Road
Carlisle, PA 17013
Date of Notice:
September 30, 2003
Notice sent regular mail with 3817 Certificate of Mailing.
NOTICE
YOU .A RE I N D EFA ULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
A P PEA RAN CE PERSONA LLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
CO U RT YOU R DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. U N I,ESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
J U DG M ENT MAN' BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOU R PROPERTY OR OTHER IMPORTANT RIGHTS.
Y O U SilO U LD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT IIAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
I F YOU CA N NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVI DE YOU WITtl INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAl, SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
BRIAN C. LINSENBACH, ESQUIRE (87360)
Attorney for the Plaintiff
124 West Harrisburg Street
P. O. Box 310
Dillsburg, PA 17019-0310
Telephone: (717) 432-9733
U.S POSTAL SERVICE CERTIFICATE OF MAILING
MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE -- POSTMASTER
Received From: BRIAN C. LINSENBACH, ESQ.
SCHRACK & LINSENBACH LAW OFFICES
P. O. Box 310
Dillsburg, PA 17019-0310
One piece of ordinary mail addressed to:
1231 Claremont Road
Carlisle, PA 17013
PS Form 3817, Mar. 1989
SCHRACK ~,g
LINS£NBACtl
R()GEIi W. FICKETT,
Plaintiff,
DAVID 1,. CAI,AMAN AND
KIMIIERLY M. CALAMAN,
Ilusbaml ami Wife,
Defendants
iN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NO. 03-4114
CIVIL ACTION - LAW
To:
Kimbcrly M. Calaman
123 I Claremont Road
Carlisle, PA 17013
Date of Notice:
September 30~ 2003
Notice sent regular mail with 3817 Certificate of Mailing.
NOTICE
YOU ,4 R E I N DEFAU IJT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
A P P E ARA N C E PERSONA LLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
CO U RT YOU R D EFENS ES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
J U DGM ENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
Y O U S I I O U LD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT I I A V E A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
Tills OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
I F YOU CA N NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITll INFORMATION ABOUT AGENCIES THAT MAY OFFER
I.EGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUM BERLAND COUNTY BAR CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: 1717) 249-3166
Attorney for the Plaintiff
124 West Harrisburg Street
P. O. Box 310
Dillsburg, PA 17019-0310
Telephone: 1717) 432-9733
U.S. POSTAL SERVICE! CERTIFICATE OF MAILING
-MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE- POSTMASTER
BRIAN C, LINSENBACH, ESQ.
SCHRACK & LINSENBACH LAW OFFICES
P. O. Box 310
Dillsburg, PA 17019-0310
Kimberly M. Calaman
1231 Claremont Road
Carlisle, PA 17013
PS Form 3817, Mar. 1989
L~SENBACIt
ROGER W. FICKETT, : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
:
vs. : NO. 03-4114
:
DAVID L. CALAMAN and KIMBERLY:
M. CALAMAN, husband and wife, :
/;13t C~- r~ t~:~o ~'- ~'~(~ :
~r'*a~ ~c~- /0~ Defendants : CIVIL ACTION - LAW
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter, directed to the Sheriff of Cumberland County:
(1)
against DAVID L. CALAMAN and KIMBERLY M. CALAMAN,
Defendants
(2) against
Garnishees
REAL DEBT:
$ 9,457.62
INTEREST:
(from 10/4/03 to 1/15/04)
$ 161.92
COSTS:
$ 550.00
TOTAL:
$10,169.54
BRIAN C. LINSENBACH, ESQ. (87360)
Attorney for Plaintiff
SCHRACK & LINSENBACH LAW OFFICES
124 West Harrisburg Street
P. O. Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 03-4114 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ROGER W. FICKETT Plaintiff (s)
From DAVID L. CALAMAN AND KIMBERLY M. CALAMAN, 1231 CLAREMONT RD.,
CARLISLE, PA 17013
(1) You are directed to levy upon thc property of the defendant (s)and to sell .
(2) You are also directed to attach the property &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
pay/ng any debt to or for the account of the defeudant (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 attachmant is found in the possession
of anyone other than a named garnishee, you are dkected to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $9,457.62
Interest $161.92 (FROM 10/4/03 TO 1/15/04)
Atty's Corem %
Atty Paid $129.45
Plaintiff Paid
Date: 3/9/04
L.L..50
Due Prothy $1.00
Other Costs $550.00
CURTIS R. LONG
Prothonotary D~u~
(Seal) By: %~,, ~, ~_ '
REQUESTING PARTY:
Name BRIAN C. LINSENBACH, ESQUIRE
Address: 124 WEST HARRISBURG STREET
P O BOX .310, DILLSBURG, PA 17019
Attorney for: ROGER W. FICKETT
Telephone: (717) 432-9733
Supreme Court 1D No. 87360
SCnP.~CK &
ROGER W. FICKETT,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
:
vs. : NO. 03-4114
:
DAVID L. CALAMAN and KIMBERLY:
M. CALAMAN, husband and wife, :
Defendants : CIVIL ACTION - LAW
PRAECIPE TO SATISFY
TO THE PROTHONOTARY:
Please mark this docket as SATISFIED AND SETTLED.
Date:
Respectfully submitted,
BRIAN C. LINSLC-NI~CACH, ESQ. (87360)
Attorney for Plaintiff
SCI,,ACK & LINSENBACH LAW OFFICES
124l West Harrisburg Street
P. O. Box 310
Dillsburg, PA 17019
Tel.ephone: 717-432-9733
Fax:: 717-432-1053