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HomeMy WebLinkAbout08-1477RYAN GESELL and BRANDI GESELL, his wife, Plaintiffs, V. CHRISTOPHER ROGERS t/d/b/a CR CONSTRUCTION, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. Q$ - 14'11 ? ivi I Term CIVIL ACTION -LAW IN EQUITY MANDATORY ARBITRATION 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 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 NOTICIA Les han demandado a usted en la corte. Se usted guiere 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 archhivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en conra de su persona. Sea avisado qui si usted no soe defiende, la torte tomara mmedidas y purde entrar una orden contra usted sin previo aviso o notoficacion y pro 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 DEMANDO A UN ABODAGO MIlVV IEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 RYAN GESELL and BRANDI : IN THE COURT OF COMMON PLEAS GESELL, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO: CIVIL ACTION -LAW CHRISTOPHER ROGERS t/d/b/a CR CONSTRUCTION, IN EQUITY Defendant. MANDATORY ARBITRATION COMPLAINT AND NOW, come the Plaintiffs, Ryan Gesell and Brandi Gesell, his wife, by and through their attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Complaint: 1. The Plaintiffs, Ryan Gesell and Brandi Gesell, his wife, are adult individuals residing at 915 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Christopher Rogers, t/d/b/a CR Construction, has an address of 6 Sinclair Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about February 7, 2007, Plaintiffs and Defendant entered into a contract for performance of work at the address contained in paragraph 1 above, a copy of each of the two (2) said proposals are attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 4. The costs of the complete project was $21,800.00. 5. Defendant performed part of the work that is set forth in Exhibit A attached hereto, for which the Defendant requested the payment of $19,965.00, which has been paid by the Plaintiffs. 6. Pursuant to the terms of the contract, the project was to be completed on or before Monday, June 11, 2007. 7. The Defendant has failed and refused to return to said job, has failed to comply with the provisions of the contract, and has failed to complete the construction at the property of the Plaintiffs. 8. Plaintiffs have been forced to seek another contractor to complete the contract, which said completion is in the amount of $10,985.00, a copy of which is attached hereto and marked as Exhibit B. 9. Plaintiffs believe and therefore aver that the Plaintiffs are entitled to $10,985.00 representing the costs necessary to complete the construction as set forth in Exhibit A attached hereto. 10. Plaintiffs believe and therefore aver that they are entitled to $10,985.00 for the following reasons: A. Defendant failed to complete the contract of February 7, 2007; B. Defendant has performed part of the contract, and has refused to finish the same. C. Defendant has performed part of the contract in an unworkman like manner and not satisfactory in compliance with the implied workmanship set forth in the contract. 11. As a result of the above, Plaintiffs request judgment against the Defendant in the amount of $10,985.00. -2- 12. In addition to the aforementioned unfinished work, the Plaintiffs believe and therefore aver that the Defendant performed negligent and careless construction of roof vents and flashings, all of which had to be corrected and repaired for the amount of $570.00. 13. As a result of the aforementioned negligent construction and the failure to complete the contract, Plaintiffs request the Court to grant judgment in the amount of $11,555.00, together with costs and interest. WHEREFORE, Plaintiffs demand judgment in their favor of an amount not to exceed the limits of Mandatory Arbitration as set by Local Rule of Court plus costs of suit. Respectfully submitted, Mancke, Wa&u,er, Spreha & McQuillan P. ?irharl W?? a squi I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiffs Date: ?a ?? OBI -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Date: VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: _ I/ U ROPOSAL Wn SM c n 6 ?t0CO -1 I/-- YnPGh?v'1/c3?vr' P`f ?? ?rJ S -716- PROPOSAL SUBMITTED TO: NAME e0 ADDRESS I S ?,? i.e pr?v? (t'1-Pin t c5 c1 r^ P c PHONE NO. '7q(, ._q`f4Lf WORK TO BE PERFORMED AT PROPOSAL NO. SHEET NO. r OT ?, DATE ADDRESS to er- j s Q / 7c?,S `,f DATE OF PLANS Z-7w7 ARCHITECT L We hereby propose to furnish the materials and perform the labor necessary for the completion of -' O?? d o ?.n + e o f F 2i S-fz' erg x t 61,111 m xrS fnCk _ x f n C-?--1-} ec- - 4, ??e- " C?»cte. C o? 2t- - 3 Cc?,»5e5 a b ` ??itcz!Ff' i3lo -- `e? cW c w, ?-V1 (?7o1S-wre lacer ,mot t2- ,,? h 3 fi ?[.?1,;> CL l? t?`1?`gaCbl? C'0 -- 3 t-} ?JH'T LDua E t"17s?c?, Cam' X `?'` tench DO.DR \"J;4 497 +? C vek c t 13L-st7- i 0-0e- Sc-# N2, - I 6 cede V er-4-tel 00 -e r ej W l if 'OT ' w . 1) Svc i2 t 3 ,? CjC- oc -_j 4e 74ar-e L Drw ? lL t 9 ?ru J/9 ? i . + All 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 workmanlike manner for the sum of Dollars ($ ) with payments to be made as follows: Respectfully submitted Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge Per over and above the estimate. All agreements contingent upon strikes, ac- cidents, or delays beyond our control. Note - This proposal may be withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined a ede MADE IN USA -ft- D818 PROPOSAL PROPOSAL C?_ rs P-Ne. cii -vi( cSS 795t] PROPOSAL SUBMITTED TO: 0 PROPOSAL NO. SHEET NO, 1!f5 It- Z©ir- Z DATE" o , S' NAME ADDRESS °1 f I e true, PHONE NO. ?qb-01 Li WORK TO BE PERFORMED AT ADDRESS , DATE OF P NS ARCHITECT C We hereb propose to furnish the materials and perfor the labor necessary for the completion of Dq- -0 =?«P?t ? S t? f p e7?IS?y1 c n15 e _+ !1 t ale ?W 7 TC L X111 n cuss L4 h' Q I m n ?? C r 12 rv,? d Pd 4- Co L orS rem 40 ?h4 ?- l?rc r, s Fr-a me j c A Ls ke v) c ('71fp lG 4C)7 C _ W ro -lj? vet P ? M v'e C_nn-s +IV c o All 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 workmanlike manner for the sum of a? ) Dollars ($ 01000. with ppyments to be made ows•'d 5'b ?? 4 Vii/' . -1 `a ? 9).5 BG,? j('\/ y 7 ? 0 o0 „ J ?Ic Cr,pl--1,.a1 c? s, c h¢ (, ' Con 3 ??57 ,11 1C?? Respectfully submitted ?C Any alteratio cation fro bovio 1x14 gee tra costs L, (? '1be t??f ' will b a extra charge Per ovel h e ihTa e. ag nt ng upo strikes, ac- tl our o C Node, p osal may be withdrawn ?.._. s C lbws i accepted within days. CV "S d ??-ACCEPTANCE OF P CJ Q / e above prices, specificati sand con ' ' Isfacto anfd r I t. pte suer ri o do the ;dp ty as specified. Payments a made asr?ti e b e. t Signature Date ?- 01 l Signature 4r 1-14 %E.> - -WM f: MADE IN USA IT---- 05 R 10 POSAL c) 6 7OOSAL L h rl ?ph'ec-- 9e5e.rS L i? (G?? S f-rv +'i?an (o S?rclgtr' t?oq? ?r1.ec,1??,n1 c S ? ? r? ??? q t? c755' 7Q 5'99 I FROPOSAL SUBMITTED TO: 14AME 4)DRESS y Drive. R61C /1?tS ?J r ?q 05'.5- PHONE NO. -76 _q?q 9 y PRQPOSALNO. SHEET NO. DATE WORK TO BE PERFORMED AT ADDRESS ? i 5' ? !e fJr-,?e M ecl-iq/11.s vlr f-> DATE OF PLANS 'Z -?-? ARCHITECT ?IQ. We hereby propose to furnish the materials and perform the labor necessary for the completion of __.- T'??r'lo?,?.;?n ??r"?vJa? e.?is-f-?rr -? PDT qng) C Dor_ e}? ?- '?'` J yepe? D? i ' -- ` " Cane ?-c ae Eer 3 C0jrses 0 t"?,A -el' bl oe->? `ci _ O-es jn + C'an -s-1-y- c--1-I .? ??, eve r-S c __ 0 cc 11 r` DoF' 4-- V'i , n r d tC e ?i 1 Q,-7+ Fromm vs soF + j s;Qj;o(' +P__rn94--ch eKla4-,;, c -{, , ,, r c w r 1 _ S-kr-+f- 0g4- e. - 3 0 _ r3 i s fr r? e I- 1 r/Z cJ e_s All 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 workmanlike manner for the sum of _ ?Gr ?t airs F 4 4- y-wo ($ 2 8 c?d• C) Q ) 3 with paym nts ?fo ade as (lows y o 0 0? f??' C f 0-le? 97 o'7 p C t ,gy l ©rr??pfer 7 . G ? Aespecttally "ut5mitted L? "1 nny alteratlo qr? n from a ov pecifications ink, g extra costs 3 will be exec - only upon written ord and will become an extra ch, Per over and above j e timate. All r ments contingent upon s?§? e? cidents, or delays y ontro . Z GJ? '° t 6 Note - This proposal may be withdrawn 04 LtL-_r too-1 by s if not accepted within days. LA ' NGE OF PROPOSAIJ The above prices, specifications and conditions ar sfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined ab rfv.? Signature Date. -0-7 Signatu e ice.. D$"$ PROPOSAL erW?n MADE IN USA FETSKO CONSTRUCTION 467 Old Stage Road - Lewisbeny, PA 17339 717/938-5363 - FAX 717/932-5432 June 29, 2007 Brandi & Ryan Gesell 915 Apple Drive Mechanicsburg, Pennsylvania 17055 Phone: 796-9444 Dear Brandi & Ryan: RE: Finish construction of addition and porch started by another contractor 1. Install white gutters and down spouts on addition and existing house where it was removed. 2. Re-locate existing dryer vent and outside spigot. 3. Install chimney cover 4. Finish framing between addition and existing house to mesh in roof line. 5. Shingle small side roof on side of garage. 6. Finish soffit and fascia. 7. Install 2 GFI receptacles, motion spot light and owner-supplied outside light. 8. Finish front porch railings and knoll posts with Williamsburg railing system and add trim caps to top off posts. 9. Re-do yard disturbed by construction and plant grass and lay straw. Re-install fence. 10. Install %i" drywall, finished with 3 coats joint compound inside the new addition and build and finish drywall arch to kitchen. Brandi & Ryan Gesell Page 2 11. Install 1/4" pine wainscoting 32" up from floor around perimeter of new addition. 12. Painting: prime walls with drywall primer. Paint ceiling with textured paint. Paint walls with 2 coats eggshell finish paint. Paint trim with 1 coat primer and paint 1 coat semi- gloss paint. 13. Put basement laundry room back together/shelving/ceiling/trap door. 14. Paint grade finger joint trim: high base, window sills, casings and chair rail. 15. Electric: install receptacle and switches, 3 recessed lights and owner-supplied fan and candle receptacle. 16. Install hard wire smoke detector in each bedroom, common hall, basement and in new addition. All will be hooked in sequence. 17. Install heat registers. 18. Install antique bronze lock set on rear French door and garage door and change hinges on both doors to Antique Bronze. Adjust doors as needed and install kick plate on door to garage. 19. Haul away debris. 20. Install owner-supplied screen door. 21. Owner has building permit. Disclaimer: Fetsko Construction will only be responsible for the work outlined in the above contract. I will not be responsible for work done by the previous contractor. I cannot warranty my work if any future issues develop that could have been caused by the workmanship of the previous contractor. Brandi & Ryan Gesell Page 3 Total: $10,985.00 Q? id% 1/3 at contract signing - $3,661.66V?b,dC? 1/3 after drywall is hung and finished - $3,661.66 1/3 at the completion of the job - $3,661.68 Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment to be made as outlined above. oo? R Gesell, homeowner Brandi Gesell, homeowner ,,,,,--II . Fetsko, Fetsko Construction ?11 Ao. "F ?o c 0 ? v ^sw A l -. i c, CASE NO: 2008-01477 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GESELL RYAN ET AL VS ROGERS CHRISTOPHER ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon ROGERS CHRISTOPHER T/D/B/A CR CONSTRUCTION the DEFENDANT , at 1235:00 HOURS, on the 11th day of March , 2008 at 6 SINCLAIR ROAD MECHANICSBURG, PA 17055 by handing to DAN DITONNO, FRIEND, ADULT IN CHARGE a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.64 Postage .58 Surcharge 10.00 ?'JaID4 7- .00 37.22 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 03/13/2008 MANCKE WAGNER SPREHA By: De ut e r i f f A. D. (David 1D. Buell Prothonotary KirkS. Sohonage, ESQ, Solicitor &nee X Simpson 1" (Deputy Prothonotary Irene E. Morrow 2 d (Deputy (Prothonotary Office of the Trothonotary Cumberland County, Pennsylvania ntq - /4/17 -CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25T" DAY OF OCTOBER, 2011, 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 9 EaX (717 240-6573