HomeMy WebLinkAbout04-0626TUCKEY RESTORATION, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 JAMES H. TURBAN,
Defendant CIVIL ACTION -LAW
NOTICE TO PLEAD
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 (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
717-249-3166
TUCKEY RESTORATION, INC, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V :NO: 2004 - 6,210 04?xJ
JAMES H. TURBAN
Defendant
COMPLAINT
Plaintiff, Tuckey Restoration, Inc., by its attorneys, Broujos & Gilroy, P.C., sets for the
following:
1
Plaintiff, Tuckey Restoration, Inc., is a Pennsylvania Corporation, with principal offices
located at 12 Stover Drive, Carlisle, Cumberland County, Pennsylvania, 17013.
2
Defendant, James H. Turban, is an adult individual residing at 1 Cedarcliff Road, Camp
Hill, Cumberland County, Pennsylvania.
3
Defendant is the owner of real estate located at 1 Cedarcliff Road, Camp Hill,
Cumberland County, Pennsylvania by virtue of a deed into Defendant as recorded in the
Cumberland County Recorder of Deeds Office in Deed Book 222, Page 517, a copy of
which is attached hereto and marked Exhibit "A" (said property hereinafter referred to
as the "Real Estate").
4
On December 26, 2001, Defendant suffered a fire loss at the Real Estate.
67
Defendant entered into an agreement with Plaintiff for Plaintiff to perform various
repairs on the Real Estate for damage caused by said fire loss (said agreement hereinafter
referred to as the "Contract"). The Contract consisted of a three page agreement along
oiileniznna 10:14 f l/2438227 BROUJ05 & GILROY, PC PAGE 04
I rerldy' that the esateo+ents made in the ferepft docoeneat are true ad correct: I
d• ' ' dust h a statestmis herebe are made subject to the peamMies of 18 PA.C.S.
f4904 nft tnp to urmrern a I 1 ewc- to nothorides.
DATE: \a ??oL
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RECUIjfi C::i' CF?OS
Pile No. 00458 WMEERUd;n C0UI;TY-P1
Tbio Xeebr Made the ?" d.Y of '00 AN 1 PR 3 Oi
/ Between ; O?
Wayne L- Beer by his Attorney-in-Faid Eileen F. Parlhemore
James H. Turban, single man,
(hereinafter called the Grantor), of the one part, and
(hereinafter "lied the Grantee), of the otter part,
Wltnesseth Thu the said Oreotor for and in consideration of the sum of ONE HUNDRED
TWO THOUSAND DOLLARS and 00/100 ($102,000.00) lawful moey of the United Stale of
Ainerics, unto himthern well and truly paid by die said Grantee, at or before the waling and delivery
hereof, the receipt whereof is hereby acknowledged, bas granted, bargained and sold, released and
cunfirit d, and by thew presents doe grant. bargain and sell, release and conflnu unto the said
Grantee a Sole Owner, his/her personal M?Msematives and assignaluabeir heirs and assigns,
ALL THAT CERTAIN parcels of Sround share in Lower Allan Township, Cumberland County, Pennsylvania.
more particularly bounded and described as follows, in wit:
BEGINNING at a point M the rombwat cmwr of other property which the Grantor owns , said point being Saudi
16 degrees 21 minutes 28 come& Wen, a dhwae of 40 fact; thence South 63 degrees 30 minutes East, a
distance of 119.73 fen; menace South 27 degrees 14 mimics But, a distanw of 128.32 feet from die Imersalie
of the eastern right-of-way line of Creek Road and die southern rhddW-wry line of Cedar Cliff Drive; thrnx
NoM 62 dcgtoe 46 minutes Pan. a disttaa of 75.0 het to a palm on line of laid now or formerly of Blue;
thence along aid land Md other lam now or foweady of Hut. South 27 degrees 14 minutes East, a d-utmrce of
146.54 fees in a stake on line of land now or roundly or Richard Barlup; thence South 58 degrees 46 minutes
West, a distance of 141.44 fat m a poke M carer of land of Eberly Mills Church of God; theme North 22
degmes 56 minutes West, a durance of 165.58 feet in a asks on line of hand new or forerly of Martlm E.
Mowery and being dal No. 3 on the heminafler mandoned plan of lots; thence along Wt 3. North 67 deSarcs 27
minutes Ent. a distance of 53.56 Red m a point on other Und, of May L. Bur; thence South 27 degree 14
minutes Ent. a dneee of 8.32 fat in a palm, the place of BEGINNING.
BEING Lot No. 3-A on the plan of low prepared by Edward P. Sanders. R.S., dated August 20, 1975, which Plan
is recorded in Plan Book 27, Page 27, Cumberland County meths.
BEING the woes prcmues which Mary L. Our ad Wayne L. Bar, her husband, by deed dotal September 20,
1978 and recorded In der Office of the Recorder of Dads I. and for Cumberland County On October 27, 1978 in
Book &28, Page 725, granted and conveyed am Waye L. Bar and Mary L. Our. his wife, in fa.
LOT #I
BEGINNING at a iron pipe in die Southerly Rightof way line of Cedar Cliff Drive, which point is South 75
degrees 52 minuses West, a disunce of 100.86 fat from a rake located on the Southerly rlgldaGway line of aid
Cedar Cliff Drive M its polm of laefecdon with Creek Rood; theme South 27 degrees 14 mimics Ew, a
distance of 102.65 fen m an iron pipe; thence South 62 degrees 46 mtnums Wesa, a dlslsaca of 55 few; theme
South 27 degrees 14 minutes Eat, a dlsona or 120 fat; thence North 62 degree 46 minutes Ent. a dwst - of
75a fact in a palm a Interaction of IMW now or lamely of William N. Bliss; thence by land now or formerly of
William N. Blue North 27 degrees 14 minutes Wcu, a distance of 218 few to a cake in to Southerly rigmof-
way line of Cedar Cliff Drive; thence by the Southerly rlghtof-way, line of raid Cedar Cliff Drive, Sowh 75
degrees 52 minutes Wen, a distance or 20.53 feet in an iron pipe, the place of BEGINNING.
BEING Lot No. I on a Plan of Lou of Cora E. Hart, dated September 13, 1965 by D.P. Raffensperger,
Reginened Surveyor, recorded in the Office of die Recorder of Dads in and for Cumberland County,
Pennsylvania, and subject to righuaf-way in shown on said Plan of Lou.
BEING the same premises which Cow E. Hart, single woman, by deed doled December 30, 1966
and recorded in the Office of the Recorder of Deeds in add for Cumberland County on January 4,
1967 in Book 17-22, Page 119, granted and conveyed unto Mary L. Baer and Wayne L. Baer, her
husband, in fee.
The said Mary L. Baer died November 17, 1979 thereby vesting title in Wayne L. Baa by
tenants by the entirilies.
DISTRICT 21 MAP P42-119 A 0-28-725
EXHIBIT
ettil 222 Nat 5V
Together with all and singular the buildings improvements, ways, arses, alleys, driveways, passages,
waters, water-causes, rights, liberties, privileges, hereditame tats snd appurtenances, whatsoever unto the
hereby granted premises belonging, or in saywhe appertaining, and the reversions and remainders, rents,
issues, and proRS thereof;, and all the estate, right, title, inrcrert, property, claim and demand whatsoever of
the said grantor, u well at law as in equity, of, in and to the ume.
To have and to hold the aid lot or piece of ground described hcreditaments and premises
hereby granted, of mentioned and intended ra M be. with she appurknances, unto the aid Grantee, hisnheir
helm and Reigns, to and for the only proper use and behoof of rise ad Grans, bintheir helm and .mans,
forever.
find the mid Grantor, hie helm, executors and administrator do covenant, promise and agree, m and whit
the aid Grantee, hstheir hairs and aWans, by them pmarm, that the Rid Grantor and big helm, all and
singular the hemdttamens and premier hereby granted or mentioned and intended an W be, With
appurtenances, auto the uto Gramm. hWheir helm and Reigns, against dm mid Grantor and his helm, and
against all and every person and persons whosoever lawfully claiming or to claim the same or any pan thereof,
by, from or under er any of them, dWl and will
SPECIALLY WARRANT end lbrever DEFEND.
In Witness Whereof, the party of the first part hereunto set his hand and met. Dated the day
and year first above written.
Sealed and Delivered
IN THE PRESENCE OF US:
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Wayne L. Beer by his Atioroey dn-Fact Elleen F.
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On this On 675CLAI' day of , 2000, before me, a Notary Public, the
undersigned Officer, peletrdly appea Wayne L. Bw by his Attorney-IM-Fact BDeest F. Parthemore
known to tree (Sat!sfactorily proven) to be the person who, move is subrcribed to she within instnrtxnt, slid
acknowledged that he executed the same for the purposes the,in connimed.
I hereunto set my hand and official seal.
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'flee addrcaa ofd, above-runsed Onntee
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Restoration, Inc.
Certificate of Completion and Satisfaction
Insured/Claimant: Mr. James Turban
Loss Address: 1 Cedar Cliff Drive, Camp Hill, PA 17011
Purchase
Order #:
Claim M 002012241-0001
Policy M
Our File M 02-2973-E
This is to certify that the repairs made by Tuckey Restoration, Inc.
Fm--
at the above mentioned property have been completed to our entire satisfaction.
These services were necessitated by a fine damage loss
suffered on December 26, 2001.
7 Restoration, Inc.
Authorized Signature:
?x?surod i or Ac ft /egad)
Print Name: a j h r?< r
Title:
Date:
sigmbseofR"wMe me Don Stevens
Title: Proiect Manager
File: 01TR,MNMKCom006oC.a6 Cfttr+sured.OW7.doc
EXHIBIT
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Steven R. Snyder, Esquire
Attorney ID Number 90994
3029 North Front Street, Suite 300
Harrisburg, PA 17110
(717) 238-9130 Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TUCKEY RESTORATION, INC Civil Action - LAW
Plaintiff
VS.
JAMES H. TURBAN
Defendant
ANSWER
No. 2004-626
And now comes the Defendant, by his attorney, Steven R. Snyder, and avers that
he has a full, just, and complete defense to the Plaintiff's claim wherefore the following
is a statement:
1. Admitted.
2. Admitted.
Denied. The copy of the deed attached to Plaintiff's Complaint is not current.
The current deed is in the name of James H. Turban and Valerie L. Zehring as joint
tenants with right of survivorship.
4. Admitted.
5. Defendant denies knowledge or information sufficient to form a belief as to the
matters asserted in Paragraph 5.
6. Denied. Plaintiff has not completed the repairs which Plaintiff agreed to make
to the house. Plaintiff asked Defendant to sign the Certificate of Completion included as
Exhibit "B" of Plaintiffs Complaint even though all the work was not completed.
Plaintiff told Defendant that the Certificate of Completion was needed in order to obtain
payment from Defendant's insurance company. At the time Defendant signed the
Certificate of Completion, Plaintiff promised to Defendant that the remainder of the
uncompleted work would be completed in a timely manner. To date this work has still not
been completed.
7. Denied. Since Plaintiff breached his agreement with Defendant by not
completing the work to Defendant's house, Defendant does not owe Plaintiff the amount
stipulated in Plaintiff's Complaint.
8. Denied. Since Plaintiff did not fulfill his agreement to perform all of the repairs
to Defendants house, Defendant does not owe Plaintiff any € dditional money. Plaintiff
also disputes the amount of money Plaintiff claims Defendant owes. If Plaintiff had
performed all of the repairs he agreed to make, the amount owed would have been
significantly less.
AFFIRMATIVE DEFENSES
9. Defendant repeats and realleges every allegation sett forth in Paragraphs 1
through 8.
10. In further answer Defendant raise the affirmative defenses that Plaintiff
breached his agreement with Defendant in that Plaintiff failed to complete the repairs to
Defendants house that he agreed to perform.
11. Plaintiff further breached his agreement with Defendant in that some of the
repairs that Plaintiff made to Defendants house were not made in conformance to the
agreement or were of substandard quality.
WHEREFORE, Defendant respectfully request that this Court:
(a) dismiss Plaintiff's Complaint in its entirety;
(b) award Defendant the costs, disbursements, and attorneys' fees of this action;
and
(c) grant Defendant such other and further relief as this Court may deem just
and proper.
Date: February 25, 2004
Steven R. Snyder Esquire
Attorney ID Number 90994
3029 North Front Street,
Suite 300
Harrisburg, PA 17110
(717) 238-9130
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.
§ 4904 relating to unsworn falsification to authorities.
Date: February 25, 2004
6s H. ban
?
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing was served
upon the following person on this date by depositing a copy of same in the United States
mail, postage prepaid, addressed as follows:
Hubert X. Gilroy, Esquire
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, PA 17013
Date: February 25, 2004
Steven R. Snyd , Esquire
Attorney ID Number 90994
3029 North Front Street,
Suite 300
Harrisburg, PA 17110
(717) 238-9130
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00626 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TUCKEY RESTORATION INC
VS
TURBAN JAMES H
BRYAN WARD
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
TURBAN JAMES H
the
DEFENDANT , at 1915:00 HOURS, on the 17th day of February , 2004
at 1 CEDARCLIFF ROAD
CAMP HILL, PA 17011 by handing to
JAMES TURBAN
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 11.04
Affidavit .00
Surcharge 10.00
.00
39.04
Sworn and Subscribed to before
me this 23.E day of
?°0 I A. pD ..?
Prothonotary
So Ansswwerrss : ?
?f
R. Thomas Kline
02/18/2004
BROUJOS & GILROY
By : [j---- J
Dep y Sheriff
TUCKEY RESTORATION, INC.,
Plaintiff
JAMES H. TURBAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - 626
: CIVIL ACTION -LAW
ANSWER TO NEW MATTER
Plaintiff, Tuckey Restoration, Inc., by its attorneys, Broujos and Gilroy, P.C., sets forth the
following in response to New Matter filed by the Defendant:
9
No responsive pleading is required.
10
Denied. After reasonable investigation, Plaintiff is unable to determine the truth or falsity of
Defendant's allegation. Proof thereof is demanded.
11
Denied. After reasonable investigation, Plaintiff is unable to determine the truth or falsity of
Defendant's allegation. Proof thereof is demanded.
WHEREFORE, Plaintiff requests judgment against Defendant as set forth in the complaint.
Hubert X. Gilroy, Es i,
Broujos and Gilroy C.
4 North Hanover Street
Carlisle, PAL 17013
(717) 243-4574
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.
Section 4904 relating to unsworn falsification to authorities.
DATE:
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BROUJOS & GILROY, P. c.
ATTORNEYS AT LAW
4 NORTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
717-243-4574 766-1690
TUCKEY RESTORATION, INC.,
Plaintiff
CIVIL ACTION - LAW
JAMES H. TURBAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004 - 626 CIVIL TERM
RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the
following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Hubert X. Gilroy, Esquire, counsel for the Plaintiff in the above action (or actions),
respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $18,152.82 plus interest/finance charges
on that amount from January 30, 2004 at 18% plus costs of suit.
The following attorneys are interested in the case as counsel or otherwise disqualified to sit
as arbitrators: Hubert X. Gilroy, Esquire, and Steven R. Snyder, Esquire.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted,
Respectfully sub ed,
Hubert X. Gilroy, Es ire
Attorney for Plainti
ORDER OF COURT
AND OW, , 2004, in c sideration of the foregoing petition,
Esquire
Esquire, and
Esquire, are appointed arbitrators in the above' aptioned action as prayed for.
BY T
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Z 6 TERM
OATH
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the
United States and the Constitution of this Commonwealth and that we will discharge the duties of
our office with fidelity.
AWARD
We, the undersigned arbitrators, having been duly appointed and swom,(or affirmed), make`
the following award: .
(Note: If damages for delay are awarded, they shall be separately stated.)
/O L7/9in7)TT /h 2 Gy/r?oa "7 0 Al ' L, 77
. Arbitrator, dissents. (insert name if applicable.)
Date of Hearing:
chairman
Date of Award: 7/110-19,2 y
NOTICE OF ENTRY OF AWARD
Now, the X `-day of 20C?[, at .2 ;qj, P.M., the above award
was entered upon the docket and notice ereof given )y mail to the parties or therA
Artibitrators'compensation to be f) ?l
Paid upon appeal: Prothonotary
$ 290.00 qy: D 2
Deputy
COPY -la C? ??
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LAW OFFICES OF
KOLLAS AND KENNEDY
1104 FERNWOOD AVENUE
CAMP HILL, PENNSYLVANIA 17011
WILLIAM C. KOLLAS
JAMES W. KOLLAS OF COUNSEL
MARY KOLLAS KENNEDY
TELEPHONE NO. (717) 731-1600
FAX NO. (717) 731-1460
July 15, 2004
Mr. Curt R. Long
Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: Arbitration: Tuckey Restoration Inc., v. James H. Turbin
Docket No. 2004-626
Dear Mr. Long:
Please find enclosed a completed Oath and Award in the above-captioned matter. Please
be advised that Attorney John Eakin, Chairman for the Arbitration, was unable to attend the
Arbitration do to unforeseen circumstances. The parties, having been made aware of the
situation, agreed to have two arbitrators, Attorney Gregory Katshir and Attorney James Kollas,
decide the matters presented at the Arbitration.
Thank you for your attention to this matter. If you should have any questions, please
contact this office.
Very truly yours,
KOLLAS AND KENNEDY
/h?ies W. Kollas
cc: Gregory J. Katshir, Esquire
John M. Eakin, Esquire
Hubert X, Gilroy, Esquire
Steven R. Snyder, Esquire
Enclosure
F:\FILES\C6®ts\9492 Tuckey\9492.5\9492.5.Turban Satisfaction
Created: 9/2004 0:06PM
Revised: 6/18'08 3:23PM
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
TUCKEY RESTORATION, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff DAUPHIN COUNTY, PENNSYLVANIA
V. NO. 2004-626
CIVIL ACTION - LAW
JAMES H. TURBAN
Defendant
PRAECIPE
TO THE PROTHONTARY:
Please mark the Judgment entered in the above matter as settled, satisfied and discontinued.
DATE: June 18, 2008
ub ilroy, Esquire
Mart on Deardorff Williams Otto Gilroy & Faller
10 East High Street
Carlisle, PA 17013
(717) 243-3341
I.D. 29943
Attorney for Plaintiff
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