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Home My WebLink About07-4461t r ~ ~~ • Eric J. Wiener Law Offices of Eric J. Wiener 2407 Park Drive Harrisburg, PA 17110 (717) 657-7701 ejw@ejw-law.com Paul Gettel and Annette K. Bums Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. Macnamara Concrete, Inc. and Ed Macnamara dba Macnamara Concrete Defendants. CIVIL ACTION NO.: p'7 - N~flol fn iv i (~~et'n` COMPLAINT 1. Plaintiffs are residents of Pennsylvania residing at 480 Cornman Road Carlisle, Pennsylvania 17013. 2. Defendant Macnamara Concrete, Inc. is a corporation created, existing, and operating under the laws of Pennsylvania with its principal place of business located at 25 Wagner Drive, Carlisle, Pennsylvania 17013. 3. Defendant Ed Macnamara, dba Macnamara Concrete, is an adult individual with offices is located at 25 Wagner Drive, Carlisle, Pennsylvania 17013. ~, ~, 4. Defendants engage in concrete, masonry, and excavation work. 5. Defendants prepared bids for Plaintiff s representative to perform construction work on Plaintiff s property. 6. Thereafter, Plaintiff and Defendants did enter into a verbal contract. 7. The contract required Defendants to perform concrete, masonry, and excavation work for Plaintiffs who were having a home constructed in Carlisle, Pennsylvania. 8. Said work was negligently performed resulting in walls and concrete block which need to be replaced to meet local code requirements and to agree with the work product Defendants promised through their bid and to meet standards of a contractor. 9. Plaintiffs requested that Defendants correct the inferior and negligently completed work. 10. Defendants refused to repair their inferior, negligently completed work. 11. The tota{ estimated cost of such repairs is $20,475.00. 12. Plaintiffs, through their counsel, did again offer Defendants the opportunity to repair the negligent work. 13. The amount in controversy does not exceed Cumberland County's jurisdictional amount requiring arbitration referral. WHEREFORE, Plaintiffs demand the sum of $20,475.00 to repair and replace the negligent construction performed by Defendants. 2 ,• ~, DATED: 7 D Supreme Ct. No. 18046 Law Offices of Eric J. Wiener 2407 Park Drive Harrisburg, PA 17110 (717) 657-7701 (717) 657-2556 Fax 3 T ~ VERIFICATION I, ~~~ ~- (,~ . (r~ty~ ,hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ~~~- DATED: ~' ~ 4' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO.: 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 {717) 249-3166 Z" ~ O~0 ~ ~4 (3) ~ ~ ~ ~ ti ~7r~ rte`- ~ ~- . b ~ ~A' N ~ ,S °'- v .~C: ~~ ~ t~~ C N t..t ;~ w GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS, MacNamara Concrete, Inc. and Ed MacNamara d/b/a MacNamara Concrete, Inc. PAUL GETTEL and ANNETTE K. BURNS, Plaintiff v. MacNAMARA CONCRETE, INC. and ED MacNAMARA d/b/a MacNAMARA CONCRETE, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-4461 -Civil Term CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants in the above matter. Date August 7, 2007 By: Gregory assimatis, Esquire Attorney or Defendants ~s CERTIFICATE OF SERVICE AND NOW, this 7th day of August, 2007, I, Gregory E. Cassimatis, Esquire, Attorney for Defendants, MacNamara Concrete, Inc. and Ed MacNamara d/b/a MacNamara Concrete, Inc., hereby certify that I served a copy of the within Praecipe for Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Eric J. Wiener Law Offices of Eric J. Wiener 2407 Park Drive Hamsburg, PA 17110 BY= Gregory E simatis, Esquire 4999 Loui e Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 ~ Q ~ ~ ~ ~ ~~ ~~;; ~ ==~ -~~ ~. ., ` F ~ ~ c;a ~~ SHERIFF'S RETURN - REGULAR r ~ CASE N0: 2007-04461 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GETTEL PAUL ET AL VS MACNAMARA CONCRETE INC ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MACNAMARA CONCRETE INC the DEFENDANT at 1641:00 HOURS, on the 3rd day of August 2007 at 25 WAGNER DRIVE CARLISLE, PA 17013 by handing to SCHERYL MACNAMARA, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .58 Surcharge 10.00 .00 F~11~b1 ~ '~ 3 3 . 3 8 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 08/06/2007 ERIC WIENER By . ~ G~ eputy Sheriff A.D. SHERIFF'S RETURN - REGULAR '"~ 'CASE NO: 2007-04461 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GETTEL PAUL ET AL VS MACNAMARA CONCRETE INC ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MACNAMARA ED D/B/A MACNAMARA CONCRETE the DEFENDANT at 1641:00 HOURS, on the 3rd day of August 2007 at 25WAGNER DRIVE CARLISLE, PA 17013 by handing to SCHERYL MACNAMARA, SPOUSE a true and attested copy of COMPLAINT & 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 10.00 .00 ~~l1~C') C~ 16.00 Sworn and Subscibed to before me this of So Answers: ~^ R. Thomas Kline 09/06/2007 ERIC WIENER By: day Deputy She i A.D. Paul Gettel and Annette K. Burns Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. CIVIL ACTION MacNamara Concrete, Inc. and Ed NO.: 07-4461 CIVIL TERM MacNamara dba MacNamara Concrete Defendants, PRAECIPE TO SATISFY AND DISCONTINUE WITH PREJUDICE To the Prothonotary: Please mark the above-captioned matter discontinued as to all defendants. Dated: g ~-~ , 2007 Eric J. Wiener, squire Supreme Court ID # 18046 Law Offices of Eric J. Wiener LLC 2407 Park Drive Harrisburg, Pa 17110 (71 ?) 65?-7701 (717) 657-2556 Fax ~~ ~sv c'.-' '~ -~, r r ~~ ~'11 (may'+d - ate ~'4_~ f a~+^`+~