HomeMy WebLinkAbout07-6075COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District. County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. L97
-L 7S f?U
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
7
Wak RLit4UAUNT 1 o 1_3-03 I L) SAM VC, tAY
ADDRESS OF APPELLANT ITV STATE ZIP CODE
b Q WJF&_r ' 0UT}} C2 ST L 0 3
DATE OFiJUDGMENT IN THE CASE OF (Plaint) (DW-Wa„g'
9/,P2)0) Wg-rZi-?L aA o O AL_A` uai> i, aD&t_
C-V,- 00004`7q._O?
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Svietwe of Prothonotary or DspW
!i7?
If appellant was Clain
No. 1001(6) in
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. 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 U V e 'T-'Z0 L , So tj L appellee(s), to file a complaint in this appeal
Name of appe#-(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
r-----iyy??
Signatue of appeAant or attomey or agent
RULE: tAZ67-2
? J S (01\j L , appellee(s)
Name of a ee(s)
(1) You are notified that 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 certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20 6)) ?e,GAGt_ -
Si"Ure of Proth a or oepdy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes-)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
,20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF .20
Signature ofatfiant
Signature of official before whom affidavit was made
Title of official
My commission expires on , 20
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Mag. Dist. No.:
09-3-03
MDJ Name: Hon.
SUSAN K. DAY
Address: 229 MILL ST, 808 167
MT. HOLLY SPRINGS, PA
Telephone: (717 ) 486-7672 17065
COMMONWEALTH OF PENNSYLVANIA
COUNTY OR CUMBERLAND
NADAR ALAJLOUNI
156 OAK HILL RD.
CARLISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
riETZEL, JASON L
1144 ROCKLEDGE DRIVE
CARLISLE, PA 17015
L
VS.
DEFENDANT: NAME and ADDRESS
rALAJLOUNI, NADAR
156 OAK HILL RD.
CARLISLE, PA 17013
L J
Docket No.: CV-0000279-07
Date Filed: 8/06/07
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) 9/27/07
Judgment was entered for: (Name) WETZEL, JASON L
® Judgment was entered against: (Name) ALAJLOUNI, NADAR
in the amount of $ 5, 873.6
? Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ 5,746.13
Judgment Costs $ 127.50
Interest on Judgment $
Attorney Fees $ U0
Total $ 5,873.63
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
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 INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS-TO ENTER-THEJUDGMENT_IN_THE000RT OF.COMMON PLEAS.-ALL FURTHER PROCESS ,MUST-_....__._
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
d' REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
9L27167 Date
I ertify that this is a true d correc copy of the reco d of
Date
N K .. .. _? Y
?.. , Magisterial District Judge
proceedings containing the judgment.
Magisterial District Judge
My commission expires first Monday of January, 2010 SEAL
AOPC 315-07
f
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C4- -i? e. (&,,.A ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
TH
? a copy of the Notice of Appeal, Common Pleas 0 %oj S upon the District Justice designated therein on
(date of service) 20 , L] by personal service W by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
,20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
Signature of affiant
OR AFFIRMED) AND SUB C. IBED BEFORE ME
1?S _ DAY pF 20 B.-.
Signature of official before 1n affidavit was made
Title of official
My commission expires on 20-n-.
COM
FDAWN M. QA?4y, NPubic
m of CVli?lo CWbodand; Coin
Commission ?tcpins Nov. 26, 201
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. L97 - 66 7,? 1
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
1\,YNc yr --
9 AC-ATLrouNr oq-'3-?3 Sv?RN r?C Day
NA Lv,--
? o I WC-7 5'y LOUTh&'x
)ATE ADGMEW IN THE CA'.
!T CA?-4St ?A- 1-?o
.LAI?EJu" ?JAflc
7L3) WT2? L, 3 ASat-J L
C_V- 0000;?-79-01
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Sorafum or fidhonotary or D*Wy
If appellant was
(see Pa. R.G.mu.J. Ivo.
in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. 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 L J S C? t?J L appellee(s), to file a complaint in this appeal
Name of appedee(s)
(Common Pleas No. 0 7 - t! -7-5 -) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
14
--- ,
Signature of appebant or aamw or agent
RULE: To te 12 6 1. 9 -18 ? 0 V L , appellee(s)
Name of aPpOWS)
(1) You are notified that 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 or by certified or registered mail.
W. l
(2) If you A f ,a Phis time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The, s of s" dihis tale 1f? was by mail is the date of the mailing. ? ??,?,
? le- Date: '?,? . 2077
YOU MUSVI404LMDE A CO °4 IRE NOTICE OF JUDGMENTfrRANSCRIPT FORM wrrH THIS NOTICE OF APPEAL.
4 .?
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY
.-...-.. - -- -- wu - ¦ rc !!A1 n HADv Tn aC ccowrn nu nmmK r nLS ncE
¦ Complete items 1, 2, and 3. Also complete
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 Addressed to:
I L c f ?o Gk C b Dd
a ,at"; -U,9 ?13 Aqapk?
Y//A
B. Received by (I rnted Name) 0 C flrmr
D. Is delivery addr&s different from Item 1? ? Yes
N YES, enter dgwery address below: ? No
Pg /_7(3/_5 3 [IF Certified Mail ? Express Mail
? Registered O Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (&n Fse) ? Yes
2. ArncleNumbw 7007 1490 0001 7953 1563
(Tiansfer from service ?abed
PS Form 3811, Feuuery 2004 Donvistlc Rehm Rsosipt 102596-0&4&1540
¦ Complete items 1, 2, and 3. Also complete
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 Addressed to: D jsl-fMr^3?C?3
SU?? DA-y
ap7 m1 a s i-JOX 16?
A.
X
U { nted C,
:
addressd from it 1? 0Ye:
If YES, enter delivery address below: ? No
Agent
3?fVICG Typ
p / /w? ? ??'J CertifiedeMall 13 Express Mall
d ? Rgtum Receipt for Merchandise
1 '70 ?s ail ? C.O.D.
Pfre Fee) ? Yes
2. Article Number 7007 1490 0001 7953 1570
(Transfer from service A@W
Domestic Return Rscairyt 102595-02-M-1540
PS Form 3811, February 2004 _
James D. Hughes, Esquire
Attorney ID # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Plaintiff, Wetzel.
WETZEL'S CONTACTING, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO: 07-6075 CIVIL
NADAR ALAJLOUNI, t/d/b/a
CHEROKEE CAMPGROUND
Defendant APPEAL FROM DISTRICT JUSTICE
JUDGMENT
NOTICE TO DEFEND
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.
LAWYER REFERRAL SERVICE OF THE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
James D. Hughes, Esquire
Attorney ID # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Plaintiff, Wetzel
WETZEL'S CONTRACTING, INC.
Plaintiff
VS.
NADAR ALAJLOUNI t/d/b/a
CHEROKEE CAMPGROUND,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 07-6075 CIVIL
APPEAL FROM DISTRICT JUSTICE
JUDGMENT
COMPLAINT
AND NOW, comes the Plaintiff, Wetzel's Contracting Inc., by and through its
attorneys, SALZMANN HUGHES, P.C., and files this COMPLAINT against the
Defendant in response to the Defendant's Appeal from a District Justice Judgment in favor
of the Plaintiff, and avers as follows:
I - PARTIES
1. The Plaintiff is Wetzel's Contracting, Inc. (hereinafter "WETZEL") a
corporation organized and existing under the laws of the Commonwealth of Pennsylvania
and located at 1144 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania 17015.
2. The Defendant is Nadar Alajlouni, and adult individual t/d/b/a Cherokee
Campground, (hereinafter "NADAR") residing and/or located at 156 Oak Hill Road,
Carlisle, Cumberland County, Pennsylvania 17013.
II - FACTS
3. On or about April 17, 2007, WETZEL was contacted by NADAR, (or an
agent, servant, or employee of NADAR), to review plans to install two new cabins (one
manager's cabin and one sleeper cabin) on the Cherokee Campground property.
4. On or about April 17, 2007, WETZEL was asked by NADAR, (or an agent,
servant, or employee of NADAR), to perform site preparations at the two locations where
the two new cabins were to be placed. The work included clearing, leveling, excavating for
foundations and crawl spaces, and preparing the site for the placement of the two new pre-
fabricated cabins, as well as installing the water, sewer and electric services to the
manager's cabin site.
5. The two new cabins were to be pre-fabricated by Cozy Cabins and delivered
to the job site intact and ready for final placement.
6. On or about April 17, 2007, WETZEL contacted T&T Construction
regarding sub-contracting the plumbing and electrical work to T&T Construction.
7. On or about April 17, 2007, WETZEL and T&T Construction met at the
Cherokee Campground and reviewed the specifics of the project and the site.
8. On or about April 19, 2007, WETZEL began digging the trench for the
water line, and also began excavating the cabin sites for the crawl space and the
foundations.
9. On or about the end of April 19, 2007 WETZEL and T&T Construction
completed excavating for, and installing the water line.
2
10. On or about the end of April 19, 2007 WETZEL and T&T Construction
completed excavation for the crawl space and foundation, and had the sewer line and
electric line exposed for hook-up.
11. On or about April 20, 2007 WETZEL delivered cement blocks and cement
for the construction of the block walls and foundations.
12. On or about April 23, 2007 WETZEL prepared and poured the concrete
footers for the wall foundations around the perimeter on the structures.
13. On or about April 27, 2007 WETZEL submitted a bill to NADAR for the
work completed to date. The total amount of the bill was two thousand three hundred sixty
and 60/100 ($2,360.60).
14. On or about April 30, 2007 WETZEL was contacted by NADAR, (or an
agent, servant, or employee of NADAR) and asked to prepare an estimate for the
remainder of the work required to complete the site preparation and the final installation of
the two cabins.
15. After receipt of the estimate to complete the remainder of the work,
NADAR (or an agent, servant, or employee of NADAR) contacted WETZEL and informed
WETZEL that NADAR felt that the estimate to do the remaining work was too high.
16. Upon hearing that NADAR stated that the estimate to complete the
remainder of the work was too high, WETZEL asked NADAR why NADAR felt the bill
was too high. In response, NADAR (or an agent, servant, or employee of NADAR)
indicated that NADAR usually hired "fly-by-night" companies that charged much lower
rates than WETZEL.
3
17. WETZEL informed NADAR that WETZEL has built his reputation by
providing quality construction services for a fair price, and that WETZEL will not cut
corners to save a buck and compromise the quality of its work.
18. WETZEL was then informed by NADAR (or an agent, servant, or
employee of NADAR) to stop all work on the project for the time being.
19. Despite NADAR (or an agent, servant, or employee of NADAR) telling
WETZEL to stop all work, Cozy Cabins was still scheduled to deliver the prefabricated
cabins to the job site on Wednesday, May 2, 2007.
20. After WETZEL was instructed by NADAR to stop work on the project,
WETZEL called Cozy Cabins to inform them that the cabin sites would not be ready for
the May 2, 2007 delivery of the cabins because NADAR had instructed WETZEL to stop
work on the cabin sites.
21. Cozy Cabins then called NADAR to express their concerns regarding the
stoppage of work. Cozy Cabins informed NADAR that Cozy Cabins felt very comfortable
working with WETZEL because of the quality of WETZEL' S work and WETZEL' S
professionalism. Cozy Cabins also told NADAR that NADAR should be happy to have
WETZEL on the project.
22. On or about May 4, 2007 NADAR (or an agent, servant, or employee of
NADAR) contacted WETZEL and instructed WETZEL to resume working on the cabin
project. NADAR instructed WETZEL that he wanted WETZEL to complete all of the
work prior to Memorial Day weekend.
23. As of May 4, 2007 WETZEL has still not received any payment from
NADAR for the first bill submitted on or about April 27, 2007.
4
24. On or about May 8, 2007 NADAR (or an agent, servant or employee of
NADAR) delivered a check to WETZEL in the amount of $2,360.60 as payment in full for
all of the work included on the April 27, 2007 invoice, and, WETZEL resumed work on
the cabin sites.
25. On or about May 10, 2007 WETZEL completed the foundation work,
laying the block and preparing the sites for the placement of the cabins. NADAR (
26. On or about May 11, 2007 WETZEL completed ALL of the site preparation
for both cabins as per the agreement with NADAR. (or an agent, servant or employee of
NADAR) was on site and informed WETZEL that NADAR was impressed with the work
performed by WETZEL to date.
27. On or about Mayl 1, 2007 both cabins were delivered to the Cherokee
Campground site by Cozy Cabins. And, Cozy Cabins and WETZEL set both cabins on
their respective foundations.
28. On or about May 14, 2007 T&T Construction was on site and began
connecting the water, sewer and electrical services to the new cabins.
29. On or about May 19, 2007 WETZEL completed connecting the electrical
services, and finished all additional electrical work necessary inside the cabins.
30. On or about May 19, 2007 WETZEL completed ALL work as required by
the agreement with NADAR for the installation of the two new cabins and turned the site
back over to NADAR on time and ready for Memorial Day weekend.
31. On or about May 23, 2007 WETZEL submitted the final bill for payment
for all work completed after April 27, 2007 under the agreement with NADAR. The total
5
amount of the final bill was five thousand ninety-nine and 89/100 ($5,099.89) and is
attached hereto as Exhibit "A". This total includes the first bill that was still unpaid.
32. On or about June 1, 2007 WETZEL mailed a second copy of the final bill to
NADAR and demanded payment.
33. On or about June 8, 2007 WETZEL telephoned NADAR to check on the
status of the outstanding bill and to request payment. No payment was received.
34. On or about July 5, 2007 WETZEL telephoned NADAR to check on the
status of the outstanding bill and to request payment. No payment was received.
35. As of August 1, 2007 NADAR had still not made any payments to
WETZEL for the work completed under the agreement.
36. WETZEL contacted NADAR several times to request payment and each
time NADAR responded by stating that he would send payment in a day or two. Each time
no payment was sent and the total amount of the final bill is still unpaid.
III - DISTRICT JUSTICE ACTION
37. On or about August 6, 2007 WETZEL filed a Civil Complaint against
NADAR in Magisterial District Number 09-3-03 before Judge Susan Day. A hearing was
scheduled for September 27, 2007 at 9:00 AM.
38. On or about September 27, 2007 District Justice Day entered a Default
Judgment against NADAR in favor of WETZEL in the amount of five thousand eight
hundred seventy three and 63/100 ($5,873.63) upon NADAR's failure to appear for the
Hearing.
39. On or about October 15, 2007 NADAR filed a Notice Of Appeal From
District Justice Judgment with this Court at Docket Number 07-6075 Civil.
6
COUNTI
BREACH OF CONTRACT
40. Paragraphs 1 through 39 are incorporated herein by reference as if fully set
forth.
41. On or about April 17, 2007 WETZEL and NADAR entered into an oral
contract for the site preparation and placement of two new cabins at the Cherokee
Campground, as more fully described in the paragraphs above.
42. WETZEL and NADAR entered into the oral contract for WETZEL to
perform the site preparation and installation of two new cabins in consideration for
NADAR's agreement to pay for the value of the time, materials and services received on a
time and materials basis.
43. WETZEL did in fact provide/perform the agreed upon time, materials and
construction services for the benefit of NADAR as more fully described in the invoice
attached hereto as Exhibit "A".
44. The materials, goods and construction services provided/performed by
WETZEL for NADAR were at all times proper, satisfactory and consistent with, and in a
professional and workmanlike manner, the terms of the oral agreement described herein.
45. WETZEL forwarded a final invoice to NADAR demanding payment for the
time, materials, and construction services provided as detailed in the final invoice attached
hereto as Exhibit "A".
46. As of October 25, 2007 NADAR was in arrears on its payment to WETZEL
in the amount of six thousand nine hundred twenty eight and 72/100 ($6,928.72). This
7
amount includes the original final invoice amount plus interest and late fees. This amount
does not include the costs of filing the actions against NADAR.
47. Despite repeated demands by WETZEL for payment of the outstanding
balance, NADAR has failed and refused to pay this outstanding amount.
48. NADAR' S failure and refusal to remit payment of the outstanding balance
to WETZEL is a material breach of the oral contract and agreement between the parties.
49. NADAR' S breach of the oral contract and agreement between the parties
has caused WETZEL to suffer injury and damages in the amount set forth in Paragraph 46
above.
WHEREFORE, the Plaintiff, WETZEL, respectfully requests that this Honorable
Court enter judgment in favor of the Plaintiff, WETZEL, and against the Defendant,
NADAR, in the amount of six thousand nine hundred twenty eight and 72/100 ($6,928.72),
plus interest, late fees, costs, delay damages and such other relief as this Court deems just
and proper.
COT TNT TT
QUANTUM MERUIT
In the alternative, and in the event it is determined that no Contract or agreement
existed in fact or law between WETZEL and NADAR as alleged in COUNT I, then the
Plaintiff alleges as follows:
50. Paragraphs 1 through 39 are incorporated herein by reference as if fully set
forth.
8
51. On or about April 17, 2007 WETZEL, at the request of NADAR, and with
NADAR' S knowledge and acquiescence, began the extensive site preparation necessary
for the placement of the two new cabins at the Cherokee Campground.
52. In the course of performing and providing the extensive site preparation
necessary for the placement of the two new cabins at the Cherokee Campground as
requested by NADAR, WETZEL was required to and did furnish all of the labor, time,
materials, equipment, and services necessary to complete the work as set forth on the
Invoice attached hereto as Exhibit "A".
53. The fair market value of said labor, time, materials, equipment, and services
provided after April 27, 2007, and at the time they were furnished, was $5,134.89.
54. Despite repeated demands by WETZEL for payment of the outstanding
balance, NADAR has failed and refused to pay this outstanding amount, and said
outstanding amount has continued, and will continue, to accrue interest and incur late fees.
55. As of October 25, 2007 NADAR was in arrears on its payment to WETZEL
in the amount of six thousand nine hundred twenty eight and 72/100 ($6,928.72). This
amount includes the original final invoice amount plus interest and late fees. This amount
does not include the costs of filing the actions against NADAR.
WHEREFORE, the Plaintiff, WETZEL, respectfully requests that this Honorable
Court enter judgment in favor of the Plaintiff, WETZEL, and against the Defendant,
NADAR, in the amount of six thousand nine hundred twenty eight and 72/100 ($6,928.72),
plus interest, late fees, costs, delay damages and such other relief as this Court deems just
and proper.
9
COUNT III
UNJUST ENRICHMENT
In the alternative, and in the event it is determined that no Contract or agreement
existed in fact or law between WETZEL and NADAR as alleged in COUNT I, or it is
determined that WETZEL' S Quantum Meruit claim, as alleged in COUNT II, fails, then
the Plaintiff alleges as follows:
56. Paragraphs 1 through 39 are incorporated herein by reference as if fully set
forth.
57. On or about April 17, 2007 WETZEL, at the request of NADAR, and with
NADAR' S knowledge and acquiescence, began the extensive site preparation necessary
for the placement of the two new cabins at the Cherokee Campground.
58. In the course of performing and providing the extensive site preparation
necessary for the placement of the two new cabins at the Cherokee Campground as
requested by NADAR, WETZEL was required to and did furnish all of the labor, time,
materials, equipment, and services necessary to complete the work as set forth on the final
invoice attached hereto as Exhibit "A".
59. The fair market value of said labor, time, materials, equipment, and services
provided after April 27, 2007, and at the time they were furnished, was $5,134.89.
60. Despite repeated demands by WETZEL for payment of the outstanding
balance, NADAR has failed and refused to pay this outstanding amount, and said
outstanding amount has continued, and will continue, to accrue interest and incur late fees.
61. As of October 25, 2007 NADAR was in arrears on its payment to WETZEL
in the amount of six thousand nine hundred twenty eight and 72/100 ($6,928.72). This
10
amount includes the original final invoice amount plus interest and late fees. This amount
does not include the costs of filing the actions against NADAR.
62. As a result of all of the aforementioned, NADAR has become unjustly
enriched at WETZEL' S expense in the amount as set forth in Paragraph 61 above.
WHEREFORE, the Plaintiff, WETZEL, respectfully requests that this Honorable
Court enter judgment in favor of the Plaintiff, WETZEL, and against the Defendant,
NADAR, in the amount of six thousand nine hundred twenty eight and 72/100 ($6,928.72),
plus interest, late fees, costs, delay damages and such other relief as this Court deems just
and proper.
Respectfully Submitted,
HUGHES. P.C.
Dated: a 0 7
4 1/
dames D. u s, Esqui?/
Atte D # 58884
Scott 13. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Plaintiff, WETZEL
11
Wetzel's Contracting Inc.
P.O. Box 369
Boiling Springs, PA 17007
Bill To
Cherokee Campground
200 Pine Grove Road
Gardners, Pa. 17324
486-8000
Invoice
Date W.C.I. In...
5/23/2007 Cherokee
P.O. Number
Project # Terms Vendor # Reference
Due on receipt
quantity Description Price Each Amount
Labor hours 2,808.00 2,808.00
Lay block for crawl space pit
Level and tamp stone for two cabin sites
Complete all interior electrical in cabin site Q, breakers, outlets, fans,
lights, switches, receptacles and smoke detectors.
No charge to hang screen door. Screen door to be billed to Cozy Cabins.
Front end loader for 4 hours 180 00 180.00
Tamper 80.16 80.16
80block 8 x 8 x 16 96.00 96.00
22 4 x 8 x 16 22.00 22.00
Electrical 11.73 11.73
1 30AMP 2 pole breaker
6 2 AMP 1 pole 31.31 31.31
1 20 AMP 2 pole 11.73 11.73
3 15 AMP 1 pole 15.66 15.66
Receptacles Ivory 25.13 25.13
2 GFI Receptacles 33.92 33.92
4 Switches Ivory 3.71 3.71
2 53" Ceiling fans 132.40 132.40
1 11" Light fixture 16.87 16.87
1 Outdoor light 20.24 20.24
1 60W light bulbs 4.10 4.10
1 Medicine cabinet 27.50 27.50
1 Single - duplex maple square 89.40 89.40
. f Total
Balance Due
Phone # Fax #
717 243-1383 717 241-4411
Page 1
W`tzel's Contracting Inc.
P.O. Box 369
Boiling Springs, PA 17007
Bill To
Cherokee Campground
200 Pine Grove Road
Gardners, Pa. 17324
486-8000
Invoice
Date W.C.I. In...
5/23/2007 Cherokee
P.O. Number
Project # Terms Vendor # Reference
Due on receipt
Quantity Description Price Each Amount
1 Double switch maple square 9.95 9.95
20.19 Ton 2A modified stone delivered. 234.07 234.07
1 Shower stall tension rod 8.10 8.10
1 12" Down rod ceiling fan 8.72 8.72
1 18" Down rod ceiling fan 10.60 10.60
2 Light kits ceiling fans 62.40 62.40
2 Smoke detectors 32.21 32.21
The following is T & T Construction & Plumbing bill. Check for total to be 2.75 2.75
paid to Wetzel's.
3/4 Pex male 1
3/4 Pex coupling 1.05 1.05
Pipe 1.40 1.40
3 - 3/4 crimp rings 1.05 1.05
4 x 3 Fernco coupling 12.50 12.50
3 PVC wye .12.00 12.00
3" PVC flush clean out 7.00 7.00
3" PVC plug 2.50 2.50
3" PVC 90 6.00 6.00
2 - 3 x 2 PVC Wye 21.00 21.00
3" PVC st 90 6.50 6.50
3 - 3" PVC st 45 16.50 16.50
18" 3" PCX pipe 5.60 5.60
3 - 1 1/2 PVC 45 4.80 4.80
Total
Balance Due
Phone # Fax #
717 243-1383 717 241-4411
Page 2
W : tzel's Contracting Inc.
P.O. Box 369
Boiling Springs, PA 17007
Bill To
Cherokee Campground
200 Pine Grove Road
Gardners, Pa. 17324
486-8000
P.O. Number
Project # Terms Vendor # Reference
Due on receipt
Quantity Description Price Each Amount
1 1/2 PVC at 45 1.80 1.80
2 - 1 1/2 PVC st 90 3.60 3.60
1 1/2 PVC P trap 4.00 4.00
12" 1 1/2 PVC pipe 1.25 1.25
80'2/2/4 Alum wire 100 AMP 120.00 120.00
3 - 1 1/2 PVC 90 conduit 16.50 16.50
2 - 90 Conduit 18.00 18.00
Conduit 40.00 40.00
Labor 751.32 751.32
Taxes at 6% 66.86 66.86
This bill was due when work was completed. This is the 3rd notice. When I 35.00 35.00
talked to you on the 12th you indicated you would put the check in the mail
the following day. It has not been received as of this 18th day of June
2007. A late charge of $35.00 has now been applied to this bill. If it is not
paid by 25 June 2007 a late charge equal to 5 % of the total bill and 1.5%
interest on the unpaid bill will be applied. If payment has been mailed
please disregard this notice and Thank Youl.
C Llle a( 071.rr d-1 ?vN c
c1 -7W _74101L 1,73 Pm L r? ,ts ?v rv wt ? p ? d
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Total $5,134.89
42 ? p2. 870 /' % *w Balance Due $5,134.89
Phone # Fax #
717 243-1383
46- 717 241-4411
9 _6' 5,10 4.2 D
14-
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Page 3
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Invoice
Date W.C.I. In...
5/23/2007 Cherokee
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WETZEL CONTRACTING, INC.
Plaintiff
Vs.
NADAR ALAJLOUNI t/d/b/a
CHEROKEE CAMPGROUND,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO: 2007-6075 CIVIL
CIVIL ACTION - LAW
VERIFICATION
I, Jason L. Wetzel, President of Wetzel Contracting, Inc., the Plaintiff in the attached
COMPLAINT, hereby certify that the facts set forth in the foregoing pleading are true and correct to
the best of my knowledge, information and belief, and that false statements herein are made subject
to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities.
Date:
Jason L. Wetz
CERTIFICATE OF SERVICE
AND NOW, this 2nd day of November, 2007, I, Scott B. Granger, Esquire, hereby certify
that I served a copy of the within COMPLAINT this day by depositing the same in the United
States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to:
Nadar Alaj louni
t/d/b/a Cherokee Campground
601 West Louther Street
Carlisle, Pennsylvania 17013
Defendant
Nadar Alajlouni
t/d/b/a Cherokee Campground
156 Oak Hill Road
Carlisle, Pennsylvania 17013
Defendant
Cmes D. g , Esquire
Attorntv 1.15. No. 58884
Scott B'. Granger, Esquire
Attorney I.D. No. 63641
SALZMANN HUGHES, PC
354 Alexander Spring Road
Carlisle, PA 17015
(717) 249-6333
Attorneys for Plaintiff Wetzel
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WETZEL'S CONTACTING, INC.
Plaintiff
VS.
NADAR ALAJLOUNI, t/d/b/a
CHEROKEE CAMPGROUND
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 07-6075 CIVIL
APPEAL FROM DISTRICT JUSTICE
JUDGMENT
TO:
Vincent Monfredo, Esquire
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
Attorney for Defendant
DATE: December 08, 2007
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO 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.
LAWYER REFERRAL SERVICE OF THE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
SALZMANN 10GHES, P.C.
By
/ Scott 5G9 &Y er, EsquireO
A ey I.D. No. 63641
SALZMANN HUGHES, PC
354 Alexander Spring Road
Carlisle, PA 17015
(717) 249-6333
2 O 7100 Attorneys for Plaintiff Wetzel
Dated:
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CERTIFICATE OF SERVICE
AND NOW, this 7th day of December, 2007, I, Scott B. Granger, Esquire, hereby certify
that I served a copy of the within NOTICE OF DEFAULT this day by depositing the same in the
United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to:
Vincent Monfredo, Esquire
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
Attorney for Defendant
s D. Hu es, quire
Attorney o. 58884
Scott B. Granger, Esquire
Attorney I.D. No. 63641
SALZMANN HUGHES, PC
354 Alexander Spring Road
Carlisle, PA 17015
(717) 249-6333
Attorneys for Plaintiff Wetzel
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WETZEL' S CONTRACTING, INC
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-6075 CIVIL
v
NADAR ALAJLOUNI, t/d/b/a
CHEROKEE CAMPGROUND,
Defendant
TO: Wetzel Contracting, Inc.
c/o Scott B. Granger, Esquire
Salzmann Hughes, P.C.
354 Alexander Spring Road
Carlisle, PA 17015
APPEAL FROM DISTRICT JUSTICE
JUDGMENT
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof or a judgment may be entered against you.
Date: 2 / Respectfully submitted,
ROMINGER & ASSOCIATES
cu-t &M
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendant
WETZEL'S CONTRACTING, INC.,
Plaintiff
V.
NADAR ALAJLOUNI, t/d/b/a
CHEROKEE CAMPGROUND,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 07-6075 CIVIL
APPEAL FROM DISTRICT JUSTICE
JUDGMENT
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER
AND NOW, comes NADAR ALAJLOUNI, by and through his counsel, Karl E.
Rominger, Esquire in support of their Answer to Complaint and New Matter, and avers as
follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
PARTIES
FACTS
6. After reasonable investigation we are without knowledge or information sufficient to
form a belief as to the truth this averment.
7. After reasonable investigation we are without knowledge or information sufficient to
form a belief as to the truth this averment.
8. Admitted.
9. Admitted.
10. Admitted.
11. After reasonable investigation we are without knowledge or information sufficient to
form a belief as to the truth this averment.
12. After reasonable investigation we are without knowledge or information sufficient to
form a belief as to the truth this averment.
13. Admitted.
14. Admitted.
15. Admitted.
16. Admitted.
17. Admitted.
18. Admitted.
19. After reasonable investigation we are without knowledge or information sufficient to
form a belief as to the truth this averment.
20. After reasonable investigation we are without knowledge or information sufficient to
form a belief as to the truth this averment.
21. Admitted.
22. Admitted.
23. Admitted.
24. Admitted.
25. Admitted.
26. Admitted.
27. Admitted.
28. Admitted.
29. Admitted.
30. Admitted.
31. Admitted.
32. Admitted.
33. Admitted.
34. Admitted.
35. Admitted.
36. Admitted.
DISTRICT JUSTICE ACTION
37. Admitted
38. Admitted
39. Admitted
COUNT I - BREACH OF CONTRACT
40. No answer required.
41. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is after reasonable investigation that we are without
knowledge or information sufficient to form a belief as to the truth this averment.
42. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is after reasonable investigation that we are without
knowledge or information sufficient to form a belief as to the truth this averment.
43. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is after reasonable investigation that we are without
knowledge or information sufficient to form a belief as to the truth this averment.
44. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is after reasonable investigation that we are without
knowledge or information sufficient to form a belief as to the truth this averment.
45. Admitted.
46. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is after reasonable investigation that we are without
knowledge or information sufficient to form a belief as to the truth this averment.
47. Admitted.
48. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is after reasonable investigation that we are without
knowledge or information sufficient to form a belief as to the truth this averment.
49. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is after reasonable investigation that we are without
knowledge or information sufficient to form a belief as to the truth this averment.
COUNT II - QUANTUM MERUIT
50. No answer required.
51. Admitted.
52. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is after reasonable investigation that we are without
knowledge or information sufficient to form a belief as to the truth this averment.
53. Denied. Strict proof of the same is demanded at trial. Nadar believes the fair market
value of said labor, time, materials, equipment, and services provided after April 27,
2007, and at the time they were furnished is below $4,000.00.
54. Admitted.
55. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is after reasonable investigation that we are without
knowledge or information sufficient to form a belief as to the truth this averment.
COUNT III - UNJUST ENRICHMENT
56. No answer required.
57. Admitted.
58. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is after reasonable investigation that we are without
knowledge or information sufficient to form a belief as to the truth this averment.
59. Denied. Strict proof of the same is demanded at trial. Nadar believes the fair market
value of said labor, time, materials, equipment, and services provided after April 27,
2007, and at the time they were furnished is below $4,000.00.
60. Admitted.
61. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is after reasonable investigation that we are without
knowledge or information sufficient to form a belief as to the truth this averment.
62. Conclusion of Law and requires no answer. By way of further answer should an
answer be deemed required it is denied and strict proof of the same is demanded at
trial.
WHEREFORE, Defendant respectfully demands judgment in his favor and against
Plaintiff.
NEW MATTER
63. Defendant agreed to have Plaintiff install two cabins on Defendant's land.
64. Defendant agreed to pay a reasonable amount for the services rendered.
65. Defendant asked for an estimate of the services to be rendered.
66. The estimate provided by Plaintiff was lower than their final invoice.
67. Defendant does not believe the Plaintiff's invoice represents a reasonable price to be
paid for the services rendered.
68. Defendant believes the services rendered are valued at less than four thousand dollars
($4,000.00).
WHEREFORE, Defendant respectfully demands judgment in his favor and against
Plaintiff.
Respectfully Submitted,
Rominger & Associates
Date: 2- /7 0?
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID 4 81924
Attorney for Defendants Nieves and Wiley
WETZEL'S CONTRACTING, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 07-6075 CIVIL
V.
NADAR ALAJLOUNI, t/d/b/a
CHEROKEE CAMPGROUND, : APPEAL FROM DISTRICT JUSTICE
Defendant : JUDGMENT
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day
served a copy of the Defendant's Answer to Plaintiffs Complaint upon the following by
depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania,
addressed as follows:
Scott B. Granger, Esquire
Salzmann Hughes, P.C.
354 Alexander Spring Road
Carlisle, PA 17015
Date: Z 17 -7
Respectfully Submitted,
Rominger & Associates
."o Ick
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendant Alajlouni
?f ? L
James D. Hughes, Esquire
Attorney ID # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Plaintiff, Wetzel
WETZEL' S CONTRACTING, INC.
Plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NADAR ALAJLOUNI t/d/b/a
CHEROKEE CAMPGROUND,
Defendant
NO: 07-6075 CIVIL
APPEAL FROM DISTRICT JUSTICE
JUDGMENT
REPLY TO NEW MATTER
AND NOW, comes the Plaintiff, Wetzel's Contracting Inc., by and through its
attorneys, SALZMANN HUGHES, P.C., and files this REPLY TO NEW MATTER in
response to the Defendant's Answer to Plaintiff s Complaint with New Matter, and avers
as follows:
63. Admitted in part, denied in part. It is admitted that the services provided to
the Defendant by the Plaintiff included the installation of two cabins at the Defendant's
campground (see paragraphs 3, 4 and 5 of the Plaintiff's Complaint). Furthermore, to the
extent that this paragraph attempts to paraphrase and summarize the Plaintiff's Complaint
it is denied. By way of further response, the Plaintiff incorporates herein the Plaintiff's
entire Complaint and the Defendant's Answer to the Plaintiff's Complaint as if fully set
forth.
64. Admitted in part, denied in part. It is admitted that the Defendant agreed to
pay the Plaintiff for the services rendered. It is specifically denied that the Defendant
agreed to pay a "reasonable" amount. Furthermore, to the extent that this paragraph
attempts to paraphrase and summarize the Plaintiff's Complaint it is denied. By way of
further response, the Plaintiff incorporates herein the Plaintiff's entire Complaint and the
Defendant's Answer to the Plaintiff's Complaint as if fully set forth.
65. Admitted in part, denied in part. It is admitted that on or about April 30,
2007 WETZEL was contacted by NADAR, (or an agent, servant, or employee of NADAR)
and asked to prepare an estimate for the remainder of the work required to complete the
site preparation and the final installation of the two cabins (see paragraph 14 of the
Plaintiff's Complaint). It is specifically denied that the Defendant asked for an estimate of
the services to be rendered. Furthermore, to the extent that this paragraph attempts to
paraphrase and summarize the Plaintiff s Complaint it is denied. By way of further
response, the Plaintiff incorporates herein the Plaintiff's entire Complaint and the
Defendant's Answer to the Plaintiff's Complaint as if fully set forth.
66. Denied. It is specifically denied that the estimate provided by the Plaintiff
was lower than their final invoice. To the contrary, on or about April 30, 2007 WETZEL
was contacted by NADAR, (or an agent, servant, or employee of NADAR) and asked to
prepare an estimate for the remainder of the work required to complete the site preparation
and the final installation of the two cabins (see paragraph 14 of the Plaintiff's Complaint).
Furthermore, to the extent that this paragraph attempts to paraphrase and summarize the
2
Plaintiff s Complaint it is denied. By way of further response, the Plaintiff incorporates
herein the Plaintiff s entire Complaint and the Defendant's Answer to the Plaintiff s
Complaint as if fully set forth.
67. Denied. After a reasonable investigation, the Plaintiff is without knowledge
or information sufficient to form a belief as to the truth of this averment. The Plaintiff
cannot admit or deny what the Defendant "believes". Furthermore, to the extent that this
paragraph attempts to paraphrase and summarize the Plaintiff s Complaint it is denied. By
way of further response, the Plaintiff incorporates herein the Plaintiff s entire Complaint
and the Defendant's Answer to the Plaintiff s Complaint as if fully set forth.
68. Denied. After a reasonable investigation, the Plaintiff is without knowledge
or information sufficient to form a belief as to the truth of this averment. The Plaintiff
cannot admit or deny what the Defendant "believes". Furthermore, to the extent that this
paragraph attempts to paraphrase and summarize the Plaintiff s Complaint it is denied. By
way of further response, the Plaintiff incorporates herein the Plaintiff s entire Complaint
and the Defendant's Answer to the Plaintiff s Complaint as if fully set forth.
WHEREFORE, the Plaintiff, WETZEL, respectfully requests that this Honorable
Court enter judgment in favor of the Plaintiff, WETZEL, and against the Defendant,
NADAR, in the amount of six thousand nine hundred twenty eight and 72/100 ($6,928.72),
plus interest, late fees, costs, delay damages and such other relief as this Court deems just
and proper.
Respectfully Submitted,
HUGHEW.C.
Dated: `?(J
Julies D. Esquire/
? Atto Vey I15 # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Plaintiff, WETZEL
4
VERIFICATION
I/We the undersigned hereby verify that I/We are the Attorneys for the Plaintiffs in this
action. I/We are authorized to verify that I/We have read the foregoing document, and, that the
statements made therein are true and correct to the best of my/our knowledge, information and
belief, and are based on information provided by my/our client during face-to-face interviews.
I/We understand that false statements made herein are made subject to the penalties of 18
Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date: toe
CERTIFICATE OF SERVICE
AND NOW, this 4th day of January, 2008, I, Scott B. Granger, Esquire, hereby certify
that I served a copy of the within REPLY TO NEW MATTER this day by depositing the same in
the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to:
Karl E. Rominger, Esquire
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
Attorney for Defendant
Scott B. Granger, Esquire
Attorney I.D. No. 63641
SALZMANN HUGHES, PC
354 Alexander Spring Road
Carlisle, PA 17015
(717) 249-6333
Attorneys for Plaintiff Wetzel
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JASON L. WETZEL t/d/b/a WETZEL IN THE COURT OF COMMON PLEAS OF
CONTRACTING, :CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
NADAR ALAJ LOU N I t/d/b/a
CHEROKEE CAMPGROUND,
DEFENDANT 07-6075 CIVIL TERM
ORDER OF COURT
AND NOW, this ~~ day of July, 2010, upon consideration of the
petition for leave to withdraw appearance, a Rule is issued upon respondent, Jason L.
Wetzel t/d/b/a Wetzel Contracting to show cause why the petition should not be granted.
Petitioner shall serve respondent and counsel for defendant with this Rule being
returnable twenty-one (21) days after service.
By the Court,
Michael J. Imbornone, Esquire
/ Karl E. Rominger, Esquire
~tzel Contracting
c/o Jason Wetzel
1144 Rockledge Drive
Carlisle, PA 17015
~ Nadar Alajlouni
t/d/b/a Cherokee Campground
601 West Louther Street
Carlisle, PA 17013
~adar Alajlouni
t/d/b/a Cherokee Campground
156 Oak Hill Road
Carlisle, PA 17013
sal
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Albert H. Masl d, J.
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David D. Buell p Renee R Simpson
Prothonotary 1 y 1S` Deputy Prothonotary
O
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�irkS. Sohonage, ESQ Irene E. Worrozu
Solicitor ,750 2nd Deputy Prothonotary
Office of the Prothonotary
Cumberland County, cPennsylvania
Q - ( O75 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, P.A. 17013 • (717)240-6195 • Ea., (717)240-6573