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HomeMy WebLinkAbout07-7542Our File 'No.: 95259 APOTHAKER & ASSOCIATES, P.C. BY David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. JAMES SNEED 519 COLONY RD APT 2A CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. M -7546t Civi l t erm 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 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 Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. JAMES SNEED 519 COLONY RD APT 2A CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: l? 7 ?Y Z Gtcr= 2 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING, LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is JAMES SNEED, an adult individual residing at 519 COLONY RD APT 2A CAMP HILL, PA 17011. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $9,942.16. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is WELLS FARGO. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $9,942.16 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. AttorneyAr Plaintiff A Law Firm En2iizdd in Debt Collection BY: Dated: 12/5/2007 idkj. Apothaker Our File No.: 95259 VERIFICATION David J. Apothaker, ESQ. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating sworn falsification to authorities. David . Apothaker Attorney for Plaintiff DATE: 12/5/2007 . . f LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 JAMES SNEED 519 COLONY RD APT 2A CAMP HILL, PA 17011 STATEMENT OF ACCOUNT Debtor's Name: JAMES SNEED Account Number: 4923180 Original Creditor: WELLS FARGO Balance Due: $9,942.16 Our File No.: 95259 EXHIBIT "A" O J ? -C '0 G ? a ? fV ° O .? c-) SHERIFF'S RETURN - REGULAR CASE NO: 2007-07542 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS SNEED JAMES TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon g1\TRF.n ,TAMF...q the DEFENDANT , at 1400:00 HOURS, on the 10th day of January , 2008 at 519 COLONY ROAD APT 2A CAMP HILL, PA 17011 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Pa/jr 4, So Answers: 18.00 26.88 00 i." 10.00 R. Thomas Kline .00 54.88 01/10/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this of By. day eputy Sheriff , A.D. w Our File No.: 95259 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO.: 07-7542 JAMES SNEED Defendant. Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, LVNV FUNDING, LLC, and against Defendant, JAMES SNEED, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on January 10, 2008 by the CUMBERLAND Sheriffs Department. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on February 13, 2008, and also attached hereto. Assess damages in the amount of (a) Balance: $9,942.16 (b) Interest from December 05, 2007 $451.07 TOTAL $10,393.23 APOTHAKER & ASSO ES, P.C. Attorneys for ' ff A Law Firm EnRap-ed bt Collection By: David J. Apothaker Dated: 10/1/2008 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JAMES SNEED 519 COLONY RD APT 2A CAMP HILL, PA 17011 LVNV FUNDING, LLC Plaintiff, VS. JAMES SNEED Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY } NO.: 07-7542 Civil Action Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION _ JUDGMENT FOR POSSESSION _ JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esc at this telephone number: 215-634-8920 /0/4/03 a Our File No.: 95259 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. JAMES SNEED Defendant. NO.: 07-7542 Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 519 COLONY RD APT 2A CAMP HILL, PA 17011. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22?12593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the D fens Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/ a of ink military. David J. Apothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 SEP-06-2008 13:50:17 4K Last Name First/Middle Begin. Date Active Duty Status Service/Agency SNEED JAMES Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. rte, ? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: htt //www defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/6/2008 Our File No.: 95259 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff LVNV FUNDING, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. JAMES SNEED 519 COLONY RD APT 2A CAMP HILL, PA 17011 Defendant. NO. 07-7542 NOTICE OF INTENTION TO TAKE DEFAULT TO: JAMES SNEED DATE OF NOTICE: February 13, 2008 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 (10) days from the date of this notice as set forth above, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 /s/ David J. Apothaker DAVID J. APOTHAKER, ESQUIRE A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 J SHERIFF'S RETURN REGULAR CASE NO: 2007-07542 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS SNEED JAMES TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SNEED JAMES the DEFENDANT at 1400:00 HOURS, on the 10th day,of January , 2008 at 519 COLONY ROAD APT 2A CAMP HILL, PA 17021 by handing to JAMES SNEED A true and attested copy;af COMPLAINT &'NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 26.88 Affidavit .00 Surcharge 10.00 .00 54.88 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/10/2008 APOTHAKER & ASSOCIATES By: eputy Sheriff , A. D. n ``96 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY James Cornett III, Plaintiff Civil Action - Law No. 07-7542 V. Sabit Sisic d/b/a Sabit Construction, Defendant V. Aquila Blank, Isaac King, and Joseph Blank, d/b/a B. K. Builders, Additional Defendants PRAECIPE To: Cumberland County Prothonotary Please file the attached original verification page for the additional defendants' preliminary objection to the complaint against additional defendants in connection with the above-captioned case. Respectfully Submitted, Jose h A. Macaluso Mor y for Additional Defendants Aq 'I Blank and Joseph Blank, d/b/a B. K. Builders Supreme Court I.D.# 38262 P.O. Box 83 Orrstown, PA 17244 Dated: October 24, 2008 4 VERIFICATION I verify that the statements made in this preliminary objection to the complaint against additional defendants are true and correct to the best of my knowledge, information and belief. I understand that if any false statements are made herein I am subject to the penalties of perjury contained in Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Od / - 6 g CR ° Y i. ' CO JAMES CORNETT, III, Plaintiff V. SABIT SISIC, Individually and d/b/a SABIT CONSTRUCTION, Defendant V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-7542 AQUILA BLANK, a/k/a/ AQUILLA BLANK, and JOSEPH BLANK, Individually and d/b/a B. K. Builders, Additional Defendants 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 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 32 South Bedford Street Carlisle, PA 17013 717-249-3166 ;- - _ 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 por 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, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso notificacion 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 ABOGAGO INMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Ily submitted, ajjar, Esquire A?SeVei tto DNo. 07069 130Street, Suite A Lemoyne, PA 17043 (717) 319-0713 Attorney for Defendant Sabit Sisic Dated: October 28, 2008 JAMES CORNETT, III, Plaintiff V. SABIT SISIC, Individually and d/b/a SABIT CONSTRUCTION, Defendant V. AQUILA BLANK, a/k/a/ AQUILLA BLANK, and JOSEPH BLANK, Individually and d/b/a B. K. Builders, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-7542 : CIVIL ACTION - LAW AMENDED COMPLAINT AGAINST ADDITIONAL DEFENDANTS 1. Defendant Sabit Sisic is an adult individual doing business as Sabit Construction, a registered fictitous name, maintaining it principal place of business at 9 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Additional Defendants Aquila Blank, a/k/a Aquilla Blank, and Joseph Blank are adult individuals maintaining a business address at 12552 Mungol Hill Road, Shippensburg, PA 17257. Further, Additional Defendants hold themselves out as B. K. Builders, a registered fictitious name, in which the principals are Isaac King and Joseph Blank, with a registered place of business at R.D. 3, Box 2382, Newville, PA 17241. (A1210784:1) 3. A civil action has been filed by James Cornett, III, Plaintiff, in the above- referenced matter. A copy of Plaintiffs Complaint is appended as Exhibit 1 to this pleading. 4. Defendant Sisic has filed an Answer with New Matter to the said Complaint, a copy of which Answer with New Matter are appended hereto as Exhibit 2 to this pleading. 5. The answering averments of Defendant Sisic to Plaintiffs Complaint are incorporated herein by reference as though set forth at length. 6. As averred in the Answer with New Matter of Defendant Sisic, Sisic denies that he has liability or responsibility to Plaintiff Cornett on any claim for liability or damages. 7. As averred in the Answer with New Matter, Defendant Sisic performed certain construction services at a project on Lucinda Drive in Mechanicsburg. 8. As averred in the Answer with New Matter, Defendant Sisic proceeded with the installation of stucco Dryvat product at the project, only at the specific request, urging and instruction of B. K. Builders and Aquila Blank. 9. As averred in the Answer with New Matter, if Plaintiff has sustained damage to the Dryvat stucco installation at the project, to the extent any such damage is attributable to installation-related problems, those problems arise from the specific urging, instruction, and advice of Additional Defendants Aquila Blank and B. K. Builders, and not because of actionable conduct on the part of Defendant Sisic. (A1210784:1) 2 10. It is denied that Sisic has any liability to Plaintiff. However, if Plaintiff has any actionable claim for recovery of damage, said claim is the responsibility of Additional Defendants and not Defendant. 11. Should it be determined, notwithstanding the answering averments, Affirmative Defenses and New Matter set forth in Sisic's pleading, Exhibit 2, that Sisic has any financial responsibility to Plaintiff, then Sisic demands judgment on a claim of liability over from Additional Defendants to him. 12. In the alternative, and notwithstanding the Answer with New Matter defenses of Defendant Sisic, should it be determined that he has any liability to Plaintiffs, then such liability, if any, should be joint and several between him and Additional Defendants, and each of them. WHEREFORE, Defendant Sisic demands that any judgment to which Plaintiff might be found to be entitled be entered solely against the Additional Defendants and not him; alternatively, if Defendant Sisic is found to have any liability, that Additional Defendants be found to have liability over to him in like amount; and, in the further alternative, should Defendant Sisic be determined to have any liability to Plaintiff, that such liability be found to be joint and several with each of the Additional Defendants. Res?e ully submitted, Date: October 28, 2008 Uaea jjar, Esqui re DNo. 07069 et Street, Suite A Lemoyne, PA 17043 (717) 319-0713 Attorney for Defendant Sabit Sisic (A1210784:1 ) 3 JAMES CORNETT, III : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :DOCKET NO: 07-7452 V. SABIT SISIC, Individually and d/b/a, : CIVIL ACTION - IN LAW SISIC CONSTRUCTION Defendant 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 attomey 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 T.VIa el Mid v,.?.: 10 Testimo I and the seal efi Cur, at Cap 1*51., = a. ' his .... A. .. day o..-.13-.... ........ .- Prothonota r1, E XR1,61T 1 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P. C. Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff JAMES CORNETT, III Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :DOCKET NO: 07-7452 SABIT SISIC, Individually and d/b/a, SISIC CONSTRUCTION Defendant CIVIL ACTION - IN LAW COMPLAINT AND NOW, comes Plaintiff, James Cornett, III, (hereinafter "Plaintiff'), by and through his counsel, Serratelli, Schif roan, Brown & Calhoon, P.C., and files his Complaint against Defendant, Sabit Sisic, individually and d/b/a SISIC Construction, and in support thereof avers as follows: The Parties 1. Plaintiff is an adult individual currently residing at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Sabit Sisic is the sole proprietor of SISIC Construction, having a principal place of business located at 9 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff is the owner of real property located 19 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter "the Property"). 2 Background 4. On or about August 6, 2003, Defendant entered into a Construction Contract with Bruder Construction Co., (hereinafter "Bruder") for the construction of a home on the Property. 5. On or about June 5, 2004, Defendant submitted a written Proposal to Bruder, whereby proposing to furnish and install the stucco dryvat siding material for the home on the Property. A true and correct copy of the written Proposal from Defendant to Bruder is attached hereto as Exhibit "A." 6. Plaintiff, the owner of the Property and the home where the Dryvat stucco was to be installed, was clearly the intended beneficiary of the Proposal. 7. It is believed and therefore averred that, at the time of entering into the Agreement, both Defendant and Bruder understood and intended Plaintiff to be the intended beneficiary of the Agreement. Pursuant to the Proposal, Defendant agreed to install Dryvat stucco on the entire home, including molding designs around the doors and windows. 9. Upon information and belief, Defendant used swirl finish Dryvat stucco manufactured by Finestone. 10. Defendant failed to properly install the siding on Plaintiffs home at the Property by failing to follow the product specifications which called for the installation of expansion joints. 11. As a direct and proximate result of Defendant's failure to properly install the siding, the siding on Plaintiffs home is buckling, cracking and bulging away from the structure. 12. The estimated cost to repair the defective stucco siding is $135,600. COUNT I - BREACH OF CONTRACT 13. The averments set forth in Paragraphs 1 through 12 are incorporated by reference as if more fully set forth at length herein. 13. In accordance with the terms of the Proposal, Defendant agreed to furnish and install all siding on Plaintiff's home. 14. Defendant failed to properly complete installation of the siding by failing to follow the product specifications. 15. As a direct and proximate result of Defendant's failure to complete the siding in accordance with the Proposal, Plaintiff will be forced to hire a contractor to repair the defective siding and prevent further structural damage. 16. Plaintiff's damage claim exceeds the arbitration limits set forth in Cumberland County Local Rule 1301-1. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant in an amount exceeding $135,000, plus costs, together with all such relief as is proper and just. COUNT II - BREACH OF WARRANTY 17. The averments set forth in Paragraphs 1 through 16 are incorporated by reference as if more fully set forth at length herein. 18. Pursuant to the terms of the Proposal, Defendant expressly warranted that all work at the Property would be completed in a substantial workmanlike manner. 4 19. Despite Defendant's express assurance that all work would be completed "in a substantial workmanlike mannet", Defendant failed to follow the product specifications when installing the siding. 20. Defendant's failure to follow product specifications has resulted in buckling, cracking and bulging siding on Plaintiff's home. 21. Defendant's failure to complete the work in a substantial workmanlike manner constitutes a material breach of the express written warranty provided by Defendant. 22. As a direct and proximate result of Defendant's breach of warranty, Plaintiff will be forced to hire a contractor to repair the defective siding and prevent further structural damage. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant in an amount exceeding $135,000, plus costs, together with all such relief as is proper and just. Respectfully submitted, Paige Macdonald-Matthes, Esquire Attorney ID No. 66266 SERR.A.TELLI, SCHIFFMAN, BROWN & CALHOON 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneyfor Plaintiff Dated::. ,k3, zM9, 5 I I 4 pAarshatl dr PROpasAL NO-36 camp will. PA. 17GI I pA"M-JUM.03.2004 C-onstructtvn Tel: 717 728 74335 PROPOSAL--- proposal submified to: Name: 21{ntJST'UCi Its Adress 6 BuF?A Vi Sid •S:. Phone no./2 Work W be peom-led k Adris oLcaC1NRA 3j city, State-A-P- Wehereby proposeto t insish the matetiaTs and perform the labor necessary fOT the comnieuon of stucco dr yvat. 4.Dryvat stucco (swirl finish, finestone) on whole hOUSe (2500-3000 sq feetbinoluding all moulding designs arounds door's and widows. (on.fronts€de of the h=Ouse}= f'r.._. ?h}}tFPtS and nintles 35 nai . " ina ie ..+.,,,:# fn ha ac ?RRF'333 - ai10 Lne auuvc `vuvi -i.i td;asv t.r.. .? ?aellt3lFE:?{? 33 LIisL _ ., _. •....3 nnMYSioinn 1f: u ffa r too m/y?i'?fr?tL??eyjj ? `ib?D j ! Sooj /1 ...,erantf Are. AAtl " - LJVIi?#,? i with payments to be as failows: 30%at the end. ?{ ¢°/a up front, 2 pay 40% in reslddel, 3 pay Date 6 - y coMMERCIAL$MIQEM'EAL REh R' VMMCAUON I, James Coructt, III verify that the staunmu made in the foregoing Complakt = t M8 and cornet. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to umsworn Mgffloation to authorities. Date: ??- 4 azffw-E!?- comeit, m 6 JAMES CORNETT, III, Plain'dff V. SABIT SISIC, Individually and d/Wa SABIT CONSTRUCTION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-7542 CIVIL ACTION - LAW NOTICE TO PLEAD TO: James Comett, III, Plaintiff, and Paige Macadonald-Matthes, Esquire, his attomey 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. Dated: June 27. 2008 Respectfully submitted, Ai aljar, Esquire - ;-'-, A i_D_ No. 07069 - 3 Market Street, Suite A Lemoyne, PA 17043 (717) 319-0713 Attorney for Defendant Sabit Sisic ?XH?BtT Sw JAMES CORNETT, 111, Plaintiff V. SABIT SISIC, Individually and d/b/a SABIT CONSTRUCTION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-7542 CIVIL ACTION - LAW ANSWER TO COMPLAINT WITH NEW MATTER AND NOW comes Defendant Sabit Sisic {"Sisk"), by his counsel, Albert J. Najjar, and makes this Answer with Now Matter to the Complaint fled in the above-referenced action. 1. Admitted. 2. Admitted. The Parties I Defendant is without sufficient knowledge or information to form a belief as to the truth of the averment of Paragraph 3, which is therefore deemed denied. BaWwround 4. Denied- It is denied that on or about August 6, 2003, Defendant entered into a Construction Contract with Btuder Construction Co. ("Bruder"). 5. It is admitted that on or about June 5, 2004 Dekmdant Sisic submitted a proposal to provide certain services on a house then under cordon. The authenticity of the document attached as Exhibit A is admitted. s. Denied. It is denied that Exhibit A was an operative legal agreement between Ddendant and Brt+der_ It is denied #* Exhibit A c reeW any third-party beneficiary status in Plaintiff or any other person. Paragraph 6 sets forth a conclusion of law to which no further responsive pleading is required. 7. Denied_ It is denied that Defendant performed services pursuant to Exhibit a It is denied that Defendant intended any person to be an "intended beneficiary" of Exhibit A. 8. Denied as stated. The proposal doctxnent, Exhibit A, speaks for itself. Sisic did not install stucco Dryvat material pursuant to Exhibit A. 9. Denied as stated. The averments of the foregoing Paragraphs 1 through 8 are incorporated herein by reference. Sisic did not install Dryvat stucco pursuant to Exhibit A. To the contrary, in lafie October 2004, Sisk was requested by AquiNa Blank, on behalf of B. K. Builders, of Shippensburg. PA, to perform the installation of Dryvat stucco at the Lucinda Drive project, under a proposal document dated October 28, 2004 (a copy is attached as Exhibit 1 to this pleading). It is admitted that when Sisic did perform services for Mr. Blank, he did use a swirl finish Dryvat stucco. manufactured by Finestone. 10. Denied. it is denied that Sisic fared to properly install Dryvat stucco on the property. It is denied that Sisic failed to foNow product specificafions. it is averred that Sisic was instructed by Mr. Blank not to install expansion joints in order to preserve an unbroken finished surface. 11. Denied. It is died that Sisic failed to properly install Dryvat siding. By way of furtMer response, see the averments of New Mather herfeinafter. 2 12. Denied. Defendant is without sufficient knowledge to fofm a belief as to the truth of the averment of Paragraph 12 regarding damage, or the basis for Piaintifrg damage claim- Proof is demanded- COUNT 1- BREACH OF CONTRACT 13. The answering averments of Paragraphs 1 through 12 above are incorporated herein by reference. 13_ [sic] Denied. As averred in the foregoing paragraphs of the Answer, services performed by Sisk pursuant to the agreement with Mr. Blank were not in accordance with Exhibit A_ It is admitted that Sisic had perkmmed the installation of Dryvat stucco pursuant to Exhibit 1 ate to this pleading, and subject to Sisic's disclaimer and Blank's agreement that Sisk would not be responsible for weather- related problems. 14. Denied- Defendant perkxTned installation services in accordance with his agreement with Mr. Blank. It is denied that Defendant failed in any material respect as to his undertaking. It is denied that Plaintiff has any basis to seek recovery from Defendant 15. Denied. The foregoing paragraphs of this Answer are incorporated herein by reference. If Plaintiff incurs additional expense indent to repair or replacement of the Dryvat stucco, Defendant Sisic has no legal responsibility therefore. 16. It is denied that Plaintiff has any basis for a claim of damage or recovery against Sisic. It is admitted, however, that the amount claimed in Plaintifrs Complaint exceeds the arbitration limits as set tbrth in Local Rule 1341 A. 3 WHEREFORE. Defendant demands that Plaintiff's Complaint be dismissed with costs. COUNT 11- BREACH OF WARRANTY IT The answering averments of Paragraphs 1 through 16 above are incorporated herein by reference. 18. Denied. The proposal document attaChed as Exhibit 1, between Blank and Sisic, sets forth the terms and limitations of any warranty or undertaking by Sisic. It is denied that any such warranty obligation ran to or for the benefit of Plaintiff. 19. Denied. The answering averments of the foregoing paragraphs of this Answer are incorporated by reference, together with the averments of New Matter set forth below. 20. Denied. The answering averments of the foregoing paragraphs of this Answer are incorporated by reference, together with the averments of New Matter set forth below. 21. Denied. It is denied that Plaintiff has any basis far a daim of breach of express warranty obligation owed by Sisic to Plaintiff. SBy way of further response, the foregoing paragraphs are incorporated by reference, toge#w with the averments of New Matter set foorth below. 22. Denied. The averments of Paragraph 21 are incorporated herein by reference by way of response to the averment of Paragraph 22. WHEREFORE, Defendant Sisic demands that Plaintiffs daim be dismissed with costs. A NEW MATTER 23. Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. 24. Defendant Sisic had no contract with Plaintiff. Plaintiff was not an intended beneficiary of any agreement entered into between Sisic and either Bruder or Blank. 25. Defendant Sisic has no obligation sounding in contract, either arising under the proposals to Bruder or to Blank Defendant Sisic has no obligation implied at law and sounding in contract, either for express or implied warranty owed to Plaintiff, and arising from Defendant Sisic's dealings with either Braider or Blank. 26. Defendant Sisic was requested by Lee Bruder, d/Wa Bruder Construction, pursuant to the proposal, Exhibit A to the Complaint, to install Dryvat stucco at the project 27. The document, Exhibit A to the Complaint, was superseded by a subsequent construction proposal, dated June 11, 2004, for the project. A copy of that proposal is attached as Exhibit 2 to this pleading. 28. Pursuant to the construction proposal of June 11, 2004, Exhibit 2, Defendant Sisic began to perform construction services, and installed certain facilities at the project. He did not install Dryvat or stucco material at that point Instead, work was stopped because of nonpayment by Bruder. 29. Sisic withdrew from the project due to Brudeft nonpayment. 5 30. In late October 2004, Sisic was asked Aquilla Blank and B. K. Builders, of Shippensburg, PA, to return to the job and to resume work on the Dryvat stucco, particularly to install the exterior finishes. B. K. Builders is the registered fictitious name aF Isaac King and Joseph Blank, of R.D. 3, Box 2382, Newville, PA 17241. 31. Defendant Sisic advised Aquilla Blank that because of the impending cold weather there were serious concerns about proceeding with the installation of the Dryvat stucco material, and he did not wish to proceed with the work. Blank urged him to proceed nonetheless and, accordingly, in the construction proposal (Exhibit 1 to the pleading) Sisic expressly disclaimed responsibility for "any kind of damage", or for timeliness of completion of the project. 32. Blank accepted and agreed to Sisles proposal that he would not be responsible for weather-related problems that aught be encountered in the finished work product 33. Defendant Sisic discussed with Blank the matter of expansion joints. Blank specifically instruct Sisic not to place expansion joints on the structure, for aesthetic reasons, and Sisic abided by those instructions. 34. Sisic is without specific knowledge and information as to whether Blank communicated with the prospective homeowner the risks incident to proceeding with the Dryvat stucco installation, and the disclaimer of responsibility by Sisic in proceeding with that work. If that information was not disclosed, it should have been. Plaintiff knew, or should have known, of the warnings by Sisic, and the disclairner and liilnitation of any responsibility for future problems caused by weather. 6 35. To the extent that Plaintiffs structure has encountered budding, cracking and bulging, Sisic believes that it may well be due to adVeM weather conM ions of the type which were specifically discussed between him and Blank and disclaimed in the construction proposal. 36. If Plaintiff has any actionable claim for financial responsibility for problems encountered in the Dryvat stucco exterior finish, that responsibility rests with either Lee Bruder, Bruder Construction, Aquilla Blank or the principals of B. K Builders, Isaac King and Joseph Blank, and not with Sisic. 37. Defendant Sisic intends to file an Additional Defendant Complaint joining those responsible parties, to the extent permitted by law. 38. Defendant Sisic has not specifically assessed the likely repair costs for conditions encountered at the Plaintiff's structure, but reasonably believes that the fair and reasonable costs of completely reinstalling the job would be far less than the claim pleaded in the Complaint In any event, that is not a matter for which Sisic has legal responsibility. Respectfully submitted, A ert Haar, Esquire y I.D. No. 07069 1300 Market Street, Suite A Lemoyne, PA 17043 (717) 319-0713 Attorney for Defendant Sabit Sisic Dated: June 27, 2008 7 A QM" ;gr. ar, A Ex g= 'ROPIDSAI !! OA'a DA i -OKT.208.2004 a?•"$ is ':2 /?A ?'? d.? 1n f? Proposal submits to ?LJ .= NameLO K .,.DA c 6z.4r,' Work Lobe performed at, Adresss?-? 11 , Adress city's tat? . 1 Y-F Ctty;Sfttk er_ Phone no. Weherebe proposeto fumish the materials and perform the labor necessary for the completion of Stuuco drwat 1.Dryvat stuuco (swirl finish, finestone). In the case of bad weather SEStC-Construcdon is not responsible for any kind of damafie and for the job that is not finish on time- Ail material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial t? w rk a like man for s m c? s, ?x??x1.., D rs( oha $ C? . ants to as follows: ,,st paY % up front,2nd pay4096 in middely3thpay30°J6at the end. so& at Signature Date lfff?o°i Signature VC-6i 0Iii wS,T 6UC 3 Q,I tr ^, t?. MERCIA . &RESIDEI+! IAL REM. ODELJN Exhibit "I" S I I C 4 Marshafldr PRopoSAL NO.36 14.91.1- PA J7()J'i DA4'E.JUN-03.20" Construction Tai: 717 728 74165 -PPOPOSAP Proposal subnifted to: Name: -b-BE} --S?tea ay,- l.lWs_ Adress /-V-5- 8Q -" - VJ-S i A Work to be perkayied at Adress Luc-I NSk?A- 01tZ. Gity,State . ? ,NL,Jel.-,44 ? P.9 1;5aj.-Ctity,St8fie m cj ? ,/C s .u Phone no. (W-1) X71 - 7*3 Wehemby propossto fumish the materials and pwfimn the labor necessary for the completion of Stuuco drvvat< 1-Dryvat stucco (sw1d finish, finestone) on whole housa(2500-•3000sq fe®t) including all moulding designs arou nde doors and windows- (frontside of the house). Shuftrs and Nnaes is not indud in the once All material is guaranteed to be as specified, and the above work to be perkw ed in avoordance with the drawings and specifications submitted for above work and ColnpieW in a subsbudial workmanQke mariner for the sum of. WiWJ)2VM W be as foilms: Pay 30% p front, 2 pay 40% in middel, 3 p bat end Date ag[WU e V SisiC-CONSTP-UC M ct3MMERCIALBPESIDEl1('i AL REMODELING -- Exhibit "2" I ., VERIFICATION 1, SABIT SISIC, certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief and that this verification is subject to the penalties of 18 Pa. C.S_ Section 4904, relating to unsworn falsification to authorities. Date: June' 2008 ' B S C CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served via first class U.S. mail, postage Pre-Paid, upon the following: Paige Macdonald-Matta e<s, Esquire SERRATEW. SCHIFFMAN, BROWN & CALHOON 2080 Linglestown Road Harrisburg, PA 17110 it ', Esquire for Defendant Sabit Sisic Date: June 27, 2008 .. .1 1. VERIFICATION I, SABIT SISIC, certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief and that this verification is subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: October 28, 2008 IT IC / CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U. S. Mail on this date upon the following: Joseph A. Macaluso, Esquire P. O. Box 83 Orrstown, PA 17244 and Paige Macdonald-Matthes, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOOON 2080 Linglestown Road Harrisburg, PA 17110. AI rt ajar Attorney for Defendant Sabit Sisic Date: October ?? , 2008 ? ?) ? t ,;::? LL ? - ^ ti _ V:,? ?.. _ ?_. ? ? ? eP? -' .. € ?. ? ?.