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Home My WebLink About04-0441JAMES W. PUTT and DIANE L. PUTT, his wife, Plaintiffs vs. NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 -- t/q( CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED 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, Pennsylvania 17013 Telephone: (717) 249-3166 PUTT COMPLAINT I D15K 67 JAMES W. PUTT and DIANE L. PUTT, his wife, Plaintiffs vs. NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come James W. Putt and Diane L. Putt, his wife, by and through their attorney, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiffs, James W. Putt and Diane L. Putt, are husband and wife and adult individuals who reside at 958 Valley Street, Enola, Cumberland County, Pennsylvania. 2. Defendant, Northeastern Home Improvements of Harrisburg, Inc., is a Pennsylvania corporation with its principal place of business at 125 North Enola Drive, Suite 106, Enola, Cumberland County, Pennsylvania. 3. On or about April 21, 2003, Plaintiffs entered into a contract with Defendant for a certain renovation/addition to Plaintiffs' house (hereinafter referred to as "Contract"). Attached hereto and marked as Exhibit A is a true and correct copy of the Contract. 4. Work was initially to commence in the first week of June, 2003, but Defendant did not commence the work until August 28, 2003. 5. Defendant then did various work on the project up until October 4, 2003. 6. Plaintiffs had a meeting with Defendant on October 7, 2003, at which time Defendant indicated that it would be complete with the project in two weeks. 7. No one showed up again to work on the project. PUTT COMPLAINT / DISK 67 8. Plaintiffs advanced Defendant a total of $35,656.56 for the work on the project. 9. Plaintiffs discovered that much of the work performed by Defendant was substandard and not done in a good and workmanlike manner. 10. Plaintiffs discovered that Defendant failed to install top grade Anderson windows as agreed upon. 11. Plaintiffs have contacted Defendant on a number of occasions but Defendant has failed or refused to get back to Plaintiffs. 12. Plaintiffs have obtained an estimate for the repair and completion of the project. 13. The cost to repair and complete the project in accordance with the specifications and terms of the original Contract is $18,360.60. 14. Plaintiffs have received an estimate for replacement of the windows with Anderson windows, the cost of which is approximately $5,000.00. 15. Defendant breached the Contract with Plaintiffs in accordance with the following: A. By completing the work on the project in a substandard fashion; B. By failing or refusing to complete the work on the project; C. By failing to use Anderson windows; instead using a lower grade replacement window; D. By failing to finish the project in accordance with Defendant's promise; and E. By completing work in an unworkmanlike and unprofessional manner. 16. As a result of the breach of the Contract, Plaintiffs have suffered damages. 2 PMT COMPLAINT / DISK 69 17. The damages that Plaintiffs have suffered are in the amount of $16,017.16 which represents the costs of completion of the project in accordance with its terms, plus the replacement of the windows with Anderson windows, less the amount due and owing under the original Contract to Defendant. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $16,017.16, plus interest plus costs of suit. Respectfully sutbm/itted,7 C MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 PUTT COMPLAINT / DISK 67 VERIFICATION We hereby verify that the statements made in the foregoing Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: / JA S W. PUTT X/ U?lk d / "_ tL-- DIANE L. PUTT EXHIBIT -r.- Nay MEM{!IS HOME 1ANXIERN PE NNSYLVA SYLYANIA IMPROVEMENTS A'-C°A {Y{!0.U 125 North Erwin Drive • Suite 106 Enola, PA 17025 (717) 732-3600 Name:. ) f r l? + .4;e?r4 Home Phone: (?? 7i'z Mailing Business one: Address:. ? 0-' City: f Iiwe, the owners of the premises described below, hereinafter referred to as 'Purchaser' offer to contract with Northeastern Home Improvements, hereinafter referred to as 'Contractor' to fumish, to deliver and arrange for installation of ail materials necessary to improve the PREMISES LOCATION AT: (STREET) (C" (STATE) (ZIP) according to the following specifications: ??i 1?< ,, •i?`rr.:.r--e .:A G+-?.,--c fi.,.o 1'--n.-'/ fX F r??? J / 9 T- 1 ' i LaY a... i ? i ? aa--•. ?_,,.r,r /"• ? ? f..% /:?.d ......cam ?-. r ?-L,?.vr? / !„l F .+',Sr -..L.?r The CASH PRICE for all Labor and Material it ludcg any appj,,OW dlspwmis) is S'i"_ Contract Price S i Z d+ Terms: Cash'V Oreda Cl (SIbOd to the approval of the Credit Sates Depadmerd t "^_ f , Salsa Tae If this Is a cash transaction, the purchase once Shan ba paid se fdiovfa: 7 6 . "„ C'e,. ., Cash Do+m Payorentl Balance Pepablel (r2 fa>Ka Totalpo" £ J1 b°'U ll tnia u a credit Iran4ectlon, the egroement fit trade k coMelned In • eeparple dacunxM whkh Ia tr¢otprnated herein by reference antl mane a ran thereof tM+e Me undersigned are hereby I Atoll Bing NORTHEASTERN HOME IMPROVEMENTS to vMfy and ran" mylour credE record wRh an Independent credit repoong agency and release them from as MbUily tnctmed from Inadvertent onpulont or Mors. Verbal understandings and atxaenlentn with owesentathea"not be bindirp. All Ynderstie dings and agreeemenla must M set (Whir waning in this Corhoa 1. ADDITIONAL PROVISIONS ARE STATED ON REVERSE SIDE AND QARE PART OF THIS CONTRACT. IN WITNESS WNEREOF Purchasers)have hereunto atgrNd their neme(s)Ihlsf / Sarni 11r,/ -20-12" and acknpMedges receipt of a true copy of this Colltrect. (PR0 ARE STAMO ON REVERSE) UNLESS OTHERWISE SPECIFIED, IT IS UNDERSTOOD THAT TkF O%YNER is READY FOR THIS WORK TO BEGIN. THE PURCHASE PRICE OUOTED ABOVE WILL BE HONORED ONLY UNTIL % F°' ? / 0 7 DATE susall"evs, Rlyy.nl.llw Data nGj£PBp B"raNlwiieE Sb^aµetw Nwurasum HOny Mpswmanb pt. Purchaser utdo"W6, and agrees mat 11 tNS agreement A canceietl atle, lne remsion now that ins Purchaser Is liable for twanfynive 125%) OI me this; %.I. "Kt s r., ages to the contractor. CYFMy, pal. ,i wsn.w wle is to pay to the Contractor the reasonable costs of enforcement or collection, anelor if in the event it is necessary for the sin an attorney and/or to institute legal proceedings. Purchaser agrees to pay reasonable attomey's fees and costs or not court proceedings are instigated, in addition to other sums. „v. It is understood that Contractor may not install said materials but that by your signature you authorize Contractor to ye for the performance of the installation by a qualified installer, You also authorize Contractor (t) to issue an installation work order with the specifications shown herein and (2) to pay the installer upon your execution of a completion certificate establishing that the instal ration has been satisfactorily completed. You agree to pay to Contractor the amount specified herein, which will cover the prices of said materials and the installation charge. Any surplus materials remaining after completion of this job shall remain the property of Contractor. No credit is due you on returns. There shall be no liability for delays in, or failure to complete delivery or installation of all or any of the herein mentioned merchandise, it due to any cause beyond Contractor's control, including but not limited to fire, strikes, war, governmental reguiabons, labor or material shortages, and weather conditions. This Contract and the agreement for credit, If any, shall constitute the entire agreement between the parties, which entire agreement and specification shall not be altered or modified except by written agreement by the parties herein. IN THE EVENT THIS OFFER TO CONTRACT IS NOT ACCEPTED BY CONTRACTOR, ANY PAYMENT MADE, HEREUNDER SHALL BE REFUNDED TO THE PURCHASER(S) AND THIS PROPOSAL SHALL BE NULL AND VOID AND OF NO EFFECT. CONTRACTOR IS NOT RESPONSIBLE FOR EXISTING STRUCTURAL DEFECTS, DRY ROT OR CODE VIOLATIONS. NO REPAIRING, PLASTERING. CARPENTRY OR DECORATING IS INCLUDED UNLESS SPECIFICALLY CHARGED FOR AND SPECIFIED IN WRITING HEREIN. Environmental problems or hazards involving the residence are not the responsibility of the contractor. Customer should notify contrac- tor immediately of any known or suspected environmental problems or hazards, for example asbestos or lead paint. In the event of an environmental problem or hazard it is the responsibility of the customer to rectify. If not rectified, the contractor, at its sole discretion, may continue or terminate this contract. 30 to 45 days after date of cancellation any down payment will be refunded. ?z I v ` C' c: -G N G3 n w t N W tfi N q Fri ?n i CJ i}r'fi Yf SHERIFF'S RETURN - REGULAR CASE NO: 2004-00441 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PUTT JAMES W ET AL VS NORTHEASTERN HOME IMPROVEMENTS SGT; DAVID ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG INC the DEFENDANT , at 0925:00 HOURS, on the 12th day of February , 2004 at CUMBERLAND CO SHERIFF'S OFFICE CARLISLE, PA 17013 by handing to MARK KERLIN,, PRESIDENT 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 18.00 Service 10.37 Affidavit .00 Surcharge 10.00 .00 38.37 Sworn and Subscribed to before me this day of ;200 y A. D. rothonotary So Answers: R. Thomas Kline 02/20/2004 MICHAEL BANGS --' ?? By: Deputy g a ? f Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 014 - !YW CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573