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HomeMy WebLinkAbout09-2048L1M Ur rr.NNOTLVAFIJM OF COMMON PLEAS 9th Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT 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 Magisterial District Judge on the date and in the case referenced below. Fred W. Zeplin 109-1-02 1 James D. Hodge - -_- 15 Cumberland Road 03/24/2009 CV-43-09 David Leroy Plumbing, Inc. 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 Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. COMMON PLEAS No. QQ - c10t($ LIVi Fred W. Zeplin (see Pa. R. C. P. D. J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Lemoyne PA 17043 Signature of Prothonotary or Deputy 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon David Leroy Plumbing, Inc. appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. og - &OS within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent Elizabeth D. Snover, Esq. RULE: To David Leroy Plumbing, Inc. appellee(s) Name of appellee(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 MAYBE ENTERED AGAINST YOU (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 01 at of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. NOTICE OF APPEAL AOPC 312-05 aFkrwy *7$.a5 PO ATV c,v-* a97os P *aasose ? , SNO O tY , E9q. COMMONWEALTH OF PENNSYLVANIA MINTY OF• CUMBZ QLAW Mag. Dist. No.: 09-1-02 MDJ Name: Hon. JJMS D. HODGE Address: 1901 STATE ST CAMP HILL, PA Telephone: (717 ) 761-0583 17011 PEED N. ZEPLIN 15 CUXBERLAND RD L=OYNE, PA 17043 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'DAVID LEROY PLDI®IXG INC 539 OLD YOBS RD NEW CMMZRLAND, PA 17070 L J VS. DEFENDANT: NAME and ADDRESS 'ZEPLIN, PRED N 15 CMEBE>6tLAND RD LEMOYNE, PA 17043 L J Docket No.: CV-0000043-09 Date Filed: 2/17/09 -(Date of Judgment) 3/24/09 ® Judgment was entered for: (Name) DAVID LEROY PLUMBING, INC © Judgment was entered against: (Name) ZEPLIN, FRED N in the amount of $ 31 03303 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Fl. 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 Judgment Costs $ 2,924.13 $_ 109.25 - Interest on Judgment 00 $ Attorney Fees $ .00 Total $ 3,033.33 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 THE JUDGMENT IN THE COURT 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 A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. sterial District `Judge 3 r? v ? Date MM2 certify that this is a true an orrect copy of the record of the proceedin:'s ainin4the'jgdgr'dent.. Date istertal District Judge 2012 SQL My commission expires first Monday of January, AOPC 315-07 DATE PRINTED: 3/24/09 9:08:00 AN 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 Cumberland ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served 09-2048 ® a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) Aril 6 ,22009_, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) David Leroy Plumbing. Inc., on April 6 , 2009 ?by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 7th DAY OF April, 2009 YkA? MaJ3)r- Sig re of ofic 1 efore whom affidavit s made Wvl (Wtc, Title of official 46-1 My commission expires on 20 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GAIL J. MAHONEY, Notary Public Lemoyne Boro., Cumberland County My Commission Expires Feb.19, 2010 /4, A igna of affiant AOPC 312A - 05 1 i? F1E t) PwI AI L. E ? e Provi ded) i M l On ly; No I nsu ranc e Cove rag (Do mestic a WE S t ion visit our webs ite at w ww.r^s .co P rn For d eliver y info rma ii ijl ?'..? r-l Er postage a r-R Certified Fee r-R Receipt Fee O Return O (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) O I'U 'total Postage & Fees t:3 m t To m 17- C] O or PO Box No. r.. ................. ..J wa. J'_?Inln 7IALG / No Insarance Coverage Provided) ,-n o postage $ ? Certified Fee I tr r-a Q p Return Receipt Fee (Endorsement Required) DL z Restricted Delivery Fee (Endorsement Required) C3 Total Postage & Fees m C3 Sefft-TO -- ------------ sirW A 7vo: pp //yy or PO Box Aid. [ Ll?-- -Q -- .?_:-- -----°------- .._ / pot ZAP4I gk? 2009 APR -8 AM H: : 51 i""E ofNSYLVT NL DAVID LEROY PLUMBING, INC., PLAINTIFF VS. FRED W. ZEPLIN a/k/a FREDERICK W ZEPLIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2048 CIVIL TERM 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 DAVID LEROY PLUMBING, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. FRED W. ZEPLIN a/k/a FREDERICK W. NO. 09-2048 CIVIL TERM ZEPLIN, DEFENDANT COMPLAINT AND NOW, comes Plaintiff, David Leroy Plumbing, Inc., by and through its attorneys, Kline Law Office, and avers as follows: 1. Plaintiff is David Leroy Plumbing, Inc., a Pennsylvania corporation, with its principal place of business located at 539 Old York Road, New Cumberland, Pennsylvania 17070. 2. Defendant is Fred W. Zeplin, also known as Frederick W. Zeplin, an adult individual, who resides at 15 Cumberland Road, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff Corporation is a contractor whose primary business is the installation and repair of plumbing systems and heating and air conditioning systems in both commercial and residential structures. 4. Defendant is the owner of real property located at 15 Cumberland Road, Lemoyne Borough, Cumberland County, Pennsylvania, and at 2026 Market Street, Camp Hill Borough, Cumberland County, Pennsylvania. 5. On or about November 8, 2007, Plaintiff received a service call from Defendant, requesting service at his property located at 2026 Market Street, Camp Hill, Pennsylvania. 6. With the approval of Defendant, and at his request, Plaintiff performed certain repairs at the premises located at 2026 Market Street, which repairs are set forth on the Invoice and Work Order No. 1294753, attached hereto as Exhibit "A". The charges for the work performed as set forth on said work order was $337.67. 7. On or about December 3, 2007, Plaintiff received a service call from Defendant, requesting service at his residence at 15 Cumberland Road, Lemoyne, Pennsylvania. 8. With the approval of Defendant, and at his request, Plaintiff performed certain repairs at the premises located at 15 Cumberland Road, which repairs are set forth on the Invoice and Work Order No. 1294978 and Work Order No. 1294932, collectively attached hereto as Exhibit "B". The charges for the work performed as set forth on said work orders was $1,150.00. 9. On or about December 4, 2007, Plaintiff received a service call from Defendant, requesting service at his residence at his property at 2026 Market Street, Camp Hill, Pennsylvania. 10. With the approval of Defendant, and at his request, Plaintiff performed certain repairs at the premises located at 2026 Market Street, which repairs are set forth on the Invoice and Work Order No. 1294921, attached hereto as Exhibit "C". The charges for the work performed as set forth on said work orders was $504.67. 11. Defendant acknowledged that the charges were explained to him and that the work was done to his complete satisfaction. 12. The prices, including service and/or other charges, if any, which are set forth in Exhibits "A", "B", and "C", are the fair, reasonable and market prices and the prices which Defendant agreed to pay. 13. Each of Plaintiff's work orders, as referred to above, includes terms and conditions on the reverse side as set forth in Plaintiff's Exhibit "D" attached hereto. 14. Pursuant to the terms and conditions as set forth on Plaintiff's work order and as agreed to by Defendant, Plaintiff is entitled to interest at the rate of one and one-half (1 %i%) percent per month for all accounts 30 days past due. As of April 13, 2009, late fees in the amount of $500.57 have accrued and late fees will continue to accrue at said rate until payment is made in full. 15. Pursuant to the terms and conditions as set forth on Plaintiff's work order and as agreed to by Defendant, collection costs and legal fees are due and owing for all accounts 90 days past due. Therefore, Plaintiff is entitled to the costs of litigating this matter before the Magisterial District Judge and before this Honorable Court, as well as all attorneys fees incurred. 16. Although demand has been made, Defendant has failed to make payment of the amount due, only offering to Plaintiff the excuse that he was unable to make payment. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of $2,924.13, together with additional late fees that may accrue after April 13, 2009, attorneys fees and collection costs as set forth in the terms and conditions of Plaintiff's work order, and such other relief as the Court may deem just and proper. ) n n?• L 2m9 DATE Respectfully submitted, ROBERT P. KLINE, ESQUIRE Kline Law Office 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff David LeRoy Plumbing, Inc. 539 Old York Road New Cumberland, PA 17070-3126 Ph. 717-938-8214 F. 717-932-0701 11 AI Tg Mr. Fred Zeplin 2026 Market Street Camp Hill, PA 17011 Invoice 1294753 Date: 11/09/07 Page 1 of 1 Work Address 2026 Market Street Camp Hill, PA 17011 P.O. Number Terms Ship Via Ship Date Rep Project Due on receipt 11/09/07 Quantity Item Description Price Total 1.00 850569 12" Anti Siphon Ballcock $69.23 $69.23 1.00 851111 Tank Float Ball, Blade 4"x5" $5.29 $5.29 1.00 DIX33-462 Super Blue Flapper $9.87 $9.87 2.00 857670 loset Supply, 3/8" OD x 7B", 12" Length $17.50 $35.00 1.00 B50568 Wolverine Brass And-Siphon Ballcock,10" $68.36 $68.36 1.00 HDS60-328 Universal Rundel Disc & Strap #263 & 267 for Tilt bucket Flush Valve $13.55 $13.55 SUBTOTAL Subtotal $201.30 1.00 Discount 20% - Used to apply 20% discount off materials billed on Commercial roieds. ($20.00)% ($40.26) 2.25 Tech Regular echnician Labor Regular Time $78.50 $176.63 Notes: Repaired Kohler toilet in rear office and other toilet. FAXED ae ,4 Interest will be charged at the of 1-1/2% per month for all accounts 30 days past due. EXHIBIT "A" Subtotal $337.67 Taxes $0.00 Total $337.67 Balance $337.67 Plumbing • Heating s Air ConditiohlnP Pump Service Air/Water Puriflcadoh r 539 Old York Road w Cumberland, PA 17070-3126 Fax-717-932-0701 717-938-8214 WWW.DAVIDLEROYPLUMBING.COM Ordered.- 1lt03120012:45 pm Priornly: hfed` Customer Zeplin, Fmd?2026 Market Street 'P l teary Ph; (797) 443-4314 Altemate Ph- Sift Address: Work Location: P. O. Box.. 2026 Market Street C&mVWlt PA 17091 Camp Hill. PA 17011 ,. Diecctions/Speciai Instructions: 2 toilets running Ask for Darla in the office Work Order No?s?T?3 edi Ls SIR s OLP-PO 0 Pibg. 0 HVAC 0 QuoWExtra 0 Orr Equipment Manufacturer Model Serial VIN"? '? , ?E_ U - 0-1 1 Service & Diagnostic Fee t-pg;440 koAdd,'L 7b,r.?r cl!RA ? ?NFJLZ & xse P 650$*? s'-fba Tb R?A:+Q4? /Cr iL GA tro3 i?9?-s j Dlt?-u6 33-4Ga /?Zs? d?'t?occ? F'???? a.?>^, ? ?? eat s vN)V j H uNrn? 1 P ?? A fLL. 7 PM O Complete 0 incomplete (explain) o G SUBTOTAL Regular Preferred ^ MAINTENANCE AGREEMENT TOTAL INVESTMENT $ client Approval to complete work 0 above investment 13'11 NT ' bur A&"ment aonts benefit by: Ne Itlslt X YES r ko • No Olt charges for emergencies Flat Rate Priority Scheduling The charges were explained to me and the work was done to my complete • 15% Discount during normal Agn-nerd business Hours satistaetion. I have read and understand the terms outlined on the reverse side of this agreement. I have the authority to order the above work ind do • Improved Safety so order as outlined above. It Is agreed that the seller will retain tide to any • Improved Reliability • Enhanced Performance equipment or material furnished until flnal & complete payment Is made, and If settlement Is not made as agreed, the seller shall have the right to • Peace of Mind remove same and the seller will be held harmless for any damages Ask about our Extreme Maintenance Total Due s resukin from the removal thereof. Program. 1 IMF X "?_b 7 A&dborbodSimmkom Daft x P-2-02 Invoice 1294978 David LeRoy Plumbing, Inc. 539 Old York Road New Cumberland, PA 17070-3126 Ph. 717-938-8214 F. 717-932-0701 0 12 Mr. Fred Zeplin P.O. Box Camp Hill, PA 17011 Date: 12/14/2007 Page 1 of 1 Work Address Mr. Fred Zeplin 15 Cumberland Road Lemoyne, PA 17043 E P.O. Number Terrns Ship Via Ship Date Rep Project Due on receipt 12/14/2007 Edward P. Slesser Jr. Quantity Item Description Price Total 1.00 obs Quoted HVAC obs quoted. $1,150.00 $1,150.00 1waw. 12/14/07 Installed new thru the wall heat pump system. Ran and checked operation. Interest will be charged at the of 1-1/2% per month for all accounts Subtotal $1,150.00 '30 days past due. Taxes $0.00 Total $1,150.00 Balance $1,150.00 EXHIBIT "B" Plumbing • Heating Air Conditioning Pump Service Air/Water Purification $61 Traver Drive LewWwry, Pa 17339 Fax - 717-932-0701 W W DAVID A ROYPLUMORMICOM Work Order No 1294978 Residential sm ? Plumbing ? wAC ? ouawExba TT Onler+ed: IW 4, M 9.45 am PrioW. Low Terms: Dee on mc*# P? Customer. Zeptin, Fi+ed Pdmry Ph: (717) 443-4314 Alemete Ph. BiYmg Addmis. Work Locatka- P.O. Box 15 Cumtierhnd Road Camp HR. PA 17091 Lemoyne, PA 17043 Dk%-tfan&Specie! /nstrudkm Install new thm the wall unit 1 I Service & Diagnostic Fee r I I I I I I P.L P. k ' i SUBTOTAL MAINTENANCE AGREEMENT TOTAL INVESTMENT $ X _ _ i ??..qw ow..N uww.a YJG YES Iio NO OfT oirar fins !br wwal red" The charNes wan ecpWrned guts and the work was done to my com Plate 16% Discount dwing nonrai 920$kcdwL I have read and undonhnd the twwa outprad an the nvene buainws Noure elde of dnls apno wft I have dw SUUW y to order the above watt and do • knpnved Safety so order se osdkud above. It Is. Wood that the selMr wW re- tNN to any • improved qtr smlmmkw and or nnnsterlal hwaJOW until Md A complete payment in wade, • Enhanced PeKonnanee and It wetMment M not nude as Wood. the seder aW have the Aeht to Pena of Mind remove a m@ end tbs seder W" be held harnnba for any damages Ask about n Aleintenanq suldne fmm Via removal thereof r x X Plat Rana NwrA- Apsanw Total Due 60 /,? 410 Plumbing • Heating Air Conditioning Ifs Pump Service Is" Air/Water Purification 539 Old York Road New Cumberland, PA 17070-3126 Fax - 717-932-0701 717-938-8214 wvrw.DAVIDLEROYPLUMBINO.COM 1z94s,32 ? Work Order No ! $n a SIR x OLP-PO ? Plbg. OHVAC ? Quote/Extra 0 QIT Tr Ordered- 12M4MOI t -00 eat Psiort bledk Customer, Z eplrn. Fred Pnmary Ph* (717) 443.4314 A#errmate Ph: Billing Address: Work Location: P 0 BOX 15 Cumberlerrd Roar! Camp HA FA 17011 Lemovne. PR 17043 DirectianvSpecial Instructions: Sad noise from thru_?'tt waitpu_nit in exercise room. Cats W hr before going at Cell 443-4314. n4. -4 I D. q 4q 11 1 Service & Diagnostic Fee S - v r e r?- ? Complete O Incomplete (explain) SUBTOTAL R.ow.r "*d MAINTENANCE AGREEMENT TOTAL INVESTMENT $ Client Approval to complete work Q above investment 15% C)UNT X YES / Nb Our Agrssrinr nt ellar is beneflt by: No Ofr charges for emergencies No Fist Rao The charges were explained to me and the work was done to my complete satisfaction. I have read and understand the terms outlined on the reverse side of this agreement. I have the authority to order the above work and do so order as outlined above. It Is agreed that the salver will retain this to any equipment or material furnished until final 3 complete payment is made, and If settlement Is not made as agreed, the seller shall have the right to remove same and the ler will be held harmless for any damages resulting from the rem thereof. X • Priority Scheduling • 13% Discount during normal business Hours • Improved Safety • Improved Reliability • Enhanced Performance • Peace of Mind Ask about our Extreme Maintenance Total Due $ Program. V T Otlr Invoice 1294921 David LeRoy Plumbing, Inc. 539 Old York Road New Cumberland, PA 17070-3126 Ph. 717-938-8214 F. 717-932-0701 9111.12 Mr. Fred Zeplin 2026 Market Street Camp Hill, PA 17011 Date: 12/04/07 Page 1 of 1 Work Address 2026 Market Street 2026 Market Street Camp Hill, PA 17011 P.O. Number Terms Ship Via Ship Date Rep Project Due on receipt 12/04/07 Edward P. Slesser Jr. Quantity Item Description Price Total 1.00 PAYCP50DK406815 Inducer draft motor assy. $410.05 $410.05 1.00 Discount 20% - Used to apply 20% discount off materials billed on ($20.00)% (:82.01) Commercial eds. 2.25 rl7ech Regular echnician Labor Regular Time $78.50 $176.63 Notes: Payne rooftop unit making a noise, please check See Darla at front desk Checked over rooftop unit. found venter motor bad. Ran for new one. Returned and installed and re-wired unit. Ran and checked operation. FAQ 'K R94: Interest will be charged at the of 1-1/2% per month for all accounts Subtotal $504.67 30 days past due. Taxes $0.00 Total $504.67 Balance $504.67 EXHIBIT "C" Plumbing • Hwtln= fax - 717-932-0701 01 IZV4MMI W eat Pinit *. Cow Cusfio=r. ZePAI% Fted2= Mwket Sheaf BMag?Addmss: P.O. Bout Camp Hit PA 17011 AtrlWater Ptili?atbn 539 Old York Road New Cumberland, PA 17070-3126 717-93&8214 www.DAVIDLEROYPLUM9ING.COM Work Order --79 No '1a9,0z1 o SIR s DLP-PO 0 Pibg. ,JZH4vAc 0 Ruotvsxtra ? o/T 5 Equipment Manufacturer Model Serial DWW Pi*fwy Ph: (710 4434314 Alhaareie Ph: HA31* Location: 2026 AMit*et Sbeet Caotit a PA 117011 afl?.?aas<3PxiMla?s: Payns rosRop tadt rlobtg a nobs, please ohs See Dob at *0# desk -1 l; 1 n n --I F '+ :.. ?78fVViliQ ? nt)?1 ??CQ r.. 1 : f 'S?W "•.? 1'.rl. ` 3, i I'' ?. ''??'+ J i "(i ?' 't: .. GTR/ `T"?.?? ^y `? n e plete O tficbraplete (explain) ...... ...... ...... m",' SUBTOTAL ar Pnhrr.d MAINTENANCE AGR EEMENT T. LiT M' , . t rr Chen Ap cam' . ....... X lrrleigeriaias Pat Rob * P?fo di?an? 1 ta! xplairlad to.rM and The oho?pvyere.et11s rttQrl4'Mr s 40 +11 1? sadsfacMm. 1 h#v. read !" uh"Olowid a 4 skis of this apriemd t:> ve tifdaorll $?4 ?b ' ? t??t Qi*couflt4 4ring normal (} NiStlni esemnt : • I (' rrt#, '. '? e. 5 so order as oud1n.d,abow 1t 1s agraled Shat the (fir rr titP Ity egrdpmenf OUmateriil :ftlmish?d uMlI linfil d? s¢ritp?stp ir! ?, and if sfattMmetrt is not "a.as pried, the selli>} 1NIM .' Ve •rl t P.a;ee of1Ygi d rwnova same and tM seGer w111 be held harm10, for a4y Rtalnay { A** about our F ftr- A, Maititenanee Total Dull, $ resuldng from the removal thereof. P rogram.. , . :.. . F, 1 :-} z lr? T . u?.- or choosing a vid ,eRoy Plumbi g,? Innc. rnp ,?)ria t to u?, and we ant to keep you as customer: sa trsfaction is our goal. lfyou have any problems or t.-i yJ ...- t? 3 poi ? k W . 1.4 :,ase ]It us know, about it We `J al.d t to co ti i(e to eam your cr anti' every tune you call Even ifyou justhave a suggestion rig a N:'t ° w .: e,eV aright improve our company, we would appreciate hearkag frcun ", Dar .Rem ezuber that any company can make an honest mistake, but it is what they do,about -ii, Mat makes the difference. We will work to make things right by you; that as our., promise. David V. LeRoy - President G OUR EXCLUSIVE (TWO-YEAR +) FULL WARRANTY ' O For Residential Customers - all service or repair work is fully warranted for a period of two years (unless otherwi,e noted on work order). Typically well pump systems and Pro series water heaters have a Five year Paris and labor warranty, heating and air conditioning systems are available with up to 10 year parts and labor warranty - aslt OUr team member what yours is if you don't already know. When you purchase our Wolverine Brass faucets we guarantee the cartridge not to leak as long as you own it O includes parts and labor. Commercial work and drain cleaning is fully warranted for a period of Six Months. No warranty work shall be rendered for any customer with a past due account. David LeRoy Plumbing, Inc. shall not be liable for any repairs necessitated by tire. Iloou, or other acts of God. damage by negligence or misuse by others. faulty system design; improper operation, malicious mischief or vandalism. We do not provide a warranty on customer provided parts. HOURS OF OPERATION - DEFINING AN EMERGENCY Office hours are 7:00 AM to 5:00 PM, Monday thru Friday. Technicians work 8:00 AM to 4:30 PM Monday thru Friday. For our preferred customers a technician is available for `Emergencies Only ; 24 Hrs a day, 365 days per year. Emergencies include No Heat, No A/C, No Water, No Hot Water, All drains in home clogged or a situation threatening the homes contents, structure or occupants health. TERMS AND CONDITIONS Payment is due upon receipt. Interest will be charged at the rate of I- 1'214, per month for a] I accounts 30 days past due. Collection costs and legal fees will be due and owing for all accounts 90 days past due. No services shalt be rendered for any customers with a past due account. We charge $25.00 for checks returned due to Insufficient Funds (NSF) and apply interest as outlined above. Seniors 5,5 and older are allowed a 15% discount the same as a preferred customer on repairs made, during normal business hours. to their own home. Proof of a!,c with valid identification and current address required. Discounts. coupons and specials offered by our company cannot be combined together - only one offer or discount can be used at a time, this includes the preferred customer and senior discount. Discounts not available on our service and diagnostic fee. EXHIBIT "D" VERIFICATION I, David Leroy, President of David Leroy Plumbing, Inc., verify that the statements made in the foregoing Complaint 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. I further verify that as President of David Leroy Plumbing, Inc., I have authority to execute this Verification on behalf of the Corporation. Y-I3--0? Date v David Leroy, President CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Complaint upon Defendant by depositing same in the United States Mail, first class, postage pre-paid on the 16th day of April, 2009, from New Cumberland, Pennsylvania, addressed as follows: Elizabeth D. Snover, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant I " ? W? ? _?' - ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff FILED-4 -FI?E HE R"'' } H'C',10TARY 2099 APR 17 Phi 2* 4 5 Johnson, Duffle, Stewart & Weidner Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com Attorneys for Fred W. Zeplin DAVID LEROY PLUMBING, INC V. Plaintiff FRED W. ZEPLIN a/k/a FREDERICK. W. ZEPLIN, Defendant TO: Robert P. Kline, Esq. Kline Law Office 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2048 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY notified to plead to the within New Matter and Counterclaim of Defendant within twenty (20) days. gy ?Lli ?G''?? Elizab D. Snover Attorney for Defendant DATE: Johnson, Duffle, Stewart & Weidner Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com DAVID LEROY PLUMBING, INC V. Plaintiff FRED W. ZEPLIN a/k/a FREDERICK W. ZEPLIN, Defendant Attorneys for Fred W. Zeplin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2048 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND COUNTERCLAIM OF DEFENDANT AND NOW, comes the Defendant Fred W. Zeplin by and through his attorneys and files this Answer with New Matter and Counterclaim and states as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted. 5. Admitted. 6. Admitted in part, Denied in part. The invoice attached to the Complaint speaks for itself. By way of further response, Plaintiff had the duty to complete these repairs in a competent and workmanlike manner which they did not do. After the toilet was worked on by the Plaintiff, it began leaking. 7. Admitted. 8. Admitted in part, Denied in part. The invoice attached to the Complaint speaks for itself. By way of further response, Plaintiff had the duty to complete these repairs in a competent and workmanlike manner which they did not do. After the HVAC work was performed it was discovered that the work performed by Plaintiffs' inexperienced technician damaged Defendant's HVAC system at his residence. 9. Admitted. 10. Admitted in part, Denied in part. The invoice attached to the Complaint speaks for itself. By way of further response, Plaintiff had the duty to complete these repairs in a competent and workmanlike manner which they did not do. After Plaintiff performed the HVAC work on the roof of Defendant's building, water came down from the roof causing water damage to the building and workspaces below. Upon further investigation, a misplaced piece was found on the roof which let the water into the building. This piece was removed and not replaced by Plaintiff and it was Plaintiff's failure to complete their work in a competent and workmanlike manner which caused severe water damage to Defendant's building. 11. Denied. 12. Denied. 13. Denied. The documents attached to the Complaint speak for themselves. 14. Denied. The documents attached to the Complaint speak for themselves. 15. Denied. The documents attached to the Complaint speak for themselves. 16. Admitted in part, Denied in part. It is admitted that Defendant has refused to make payment; however, it is because of the quality of the work performed by the Plaintiff and the extensive damage that Plaintiff's work caused to his properties. WHEREFORE, Defendant Fred W. Zeplin respectfully requests that judgment be entered in favor of Defendant and against the Plaintiff. NEW MATTER 17. The Defendant hereby incorporates his answers to paragraphs 1-16 as though the same were set forth herein at length. 18. Discovery may reveal that the Plaintiff has submitted invoices for work that was not performed by the Plaintiff or for products that were not supplied by Plaintiff. 19. Discovery may reveal that the Plaintiff has submitted invoices which charge in excess of the amount agreed to by the Defendant. 20. Defendant is justified in not remitting payment on the incomplete invoices provided by the Plaintiff because Plaintiff's poor work has caused extensive damage to Defendant's property, the repair of this damage is expected to cost well in excess of the amount demanded by the Plaintiff. COUNTERCLAIM - BREACH OF CONTRACT 21. The Defendant hereby incorporates his answers to paragraphs 1-20 as though the same were set forth herein at length. 22. In breach of the agreement between the parties, the projects performed by the Plaintiff were not done in a competent or workmanlike manner. 23. Plaintiff's first service call was to repair plumbing and a toilet at 2029 Market Street. 24. After that work was performed by Plaintiff, the toilet began leaking. 25. Plaintiff's second service call was to repair HVAC/heat pump at 15 Cumberland Road. 26. Plaintiff sent an inexperienced technician to perform the work. 27. Plaintiffs technician damaged the heat pump in Defendant's residence which required subsequent repairs. 28. Plaintiff's third service call was to repair HVAC at 2029 Market Street located on and around the roof of the building. 29. After Plaintiff performed this work, heavy rains came through the area. 30. During these rains, water came down from the roof of Defendant's building. 31. Upon investigation on the roof of the building by Defendant, a piece of the HVAC system was discovered lying on the roof and dislodged. 32. Water was coming in through this dislodged piece of the HVAC. 33. Plaintiffs' employees removed this part of the HVAC system during their work but failed to replace it. 34. As a consequence of Plaintiff's incompetent and incomplete repair work, Defendant's building sustained severe water damage. 35. This water damage includes damage to the work area and work supplies located inside the building. 36. The cost to repair the damage caused by Plaintiff's incompetent and incomplete work is significant. 37. Defendant Fred W. Zeplin requests judgment in his favor for the costs necessary to correct or complete in a workmanlike manner the projects which are the subject of this litigation. 38. Defendant Fred W. Zeplin also requests judgment in his favor for the costs necessary to repair and restore Defendant's property to a condition before it sustained water damage caused by the Plaintiffs. WHEREFORE, Defendant Fred W. Zeplin requests judgment in his favor in an amount sufficient to submit this matter to compulsory arbitration. Respectfully submitted, By: Elizabeth Snover Attorney I $J. 200997 Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717)761-4540 edsCaD-idsw.com Attorneys for Defendant Date: ?-- - 6 ? VERIFICATION I, Fred W. Zeplin, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4804. d W. Zeplin DATE: ,5'- Y- 0 ? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter and Counterclaim and Notice to Plead has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid on May, 2009: Robert P. Kline, Esq. Kline Law Office 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 By Elizabet . Snover 2004 MAY -5 Fri 1: S: ly PE" r v '?t??Lrrit wi?w DAVID LEROY PLUMBING, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA FRED W ZEPLIN, a/k/a FREDERICK W. NO. 09-2048 CIVIL TERM DEFENDANT : ANSWER TO NEW MATTER AND COUNTERCLAIM attorneys, K Defendant, NOW, comes the Plaintiff, David Leroy Plumbing, Inc., by and through its ine Law Office, and files this Answer to the New Matter and Counterclaim of the s follows: NEW MATTER 17. 18. 19. 20. 21. 22. pleading is r further answ competent a Defendant. No response required. Denied. Proof demanded. Denied. Proof demanded. Denied. Proof demanded. COUNTERCLAIM-BREACH OF CONTRACT No response required. The allegation of this paragraph is a legal conclusion to which no responsive squired. To the extent a response is required, the allegation is denied. By way of ;r, all work performed by Plaintiff was, to Plaintiffs knowledge, completed in a .d workmanlike manner with no complaints whatsoever received from the AV I% 23. Denied. The first service call that is the subject of this litigation was to repair two toilets at 2826 Market Street. 24. paragraph a any such to 25. 26. 27. Denied. Plaintiff has no knowledge whatsoever as to the allegation of this Defendant, prior to the filing of his counterclaim herein, has never complained of leaking. Admitted. Denied. Proof demanded. Denied. Proof demanded. By way of further answer, Plaintiff has no knowledge whatsoever of any damage to Defendant's heat pump in his residence. Further, until the allegation as made in this counterclaim, Plaintiff had no knowledge of any damage to Defendant' heat pump in his residence purported to be caused by Plaintiff. 28. Admitted. 29. have passe( is without s therefore, t] 30. whatsoever hearing in t 31. allegation c 32. allegation o displacemej first time at leakage as c 33. Denied. Proof demanded. While it is possible, and even likely, that heavy rains through the area in the time that has passed since the work was performed, Plaintiff )ecific knowledge as to which heavy rains the Defendant has described and, allegation is denied and proof is demanded. Denied. Proof demanded. By way of further answer, Plaintiff had no knowledge >f the leaks in Defendant's roof to which Defendant refers until the time of the is matter before the Magisterial District Judge. Denied. Proof demanded. Plaintiff is without specific knowledge as to the this paragraph and it is therefore denied and proof is demanded. Denied. Proof demanded. Plaintiff is without specific knowledge as to the this paragraph and it is therefore denied and proof is demanded. Further, the of the purportedly dislodged piece of the HVAC, as described by Defendant for the he hearing before the Magisterial District Judge, would be not likely to cause a roof by Defendant. Denied. Proof demanded. A The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. To the extent a response is required, the allegation is denied and proof is demanded. 35. 36. 37. pleading is Denied. Proof demanded. Denied. Proof demanded. The allegation of this paragraph is a legal conclusion to which no responsive To the extent a response is required, the allegation is denied. 38. The allegation of this paragraph is a legal conclusion to which no responsive pleading is ?equired. To the extent a response is required, the allegation is denied. Plaintiff, David Leroy Plumbing, Inc., respectfully requests judgment in its favor against Defendant, together with attorneys fees and costs. Respectfully submitted, DA ROBERT P. KLINE, ESQUIRE Kline Law Office 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff CERTIFICATE OF SERVICE I he?eby certify that I served a true and correct copy of the foregoing Answer to New Matter and Counterclaim upon Defendant by depositing same in the United States Mail, first class, postage p7 -paid on the Z p4;?j day of May, 2009, from New Cumberland, Pennsylvania, addressed a? follows: Elizabeth D. Snover, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff Ri FD-Ol-FCE OF THE PRC) FI°.DNfliAR`f D ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: 17171975-8114 Direct Dial: (717) 760-7502 Fax: [717] 975-8124 E-Mail: rhroll ar margolisedelstein.com Attorneys for Plaintiff DAVID LEIOY PLUMBING, INC. DAVID LEROY PLUMBING, INC, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW FRED W. ZEPLIN a/k/a FREDERICK W.: DOCKET NO. 09-2048 Civil, Term ZEPLIN, Defendant. : JURY TRIAL DEMANDED FRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance as co-counsel on behalf of Plaintiff, David LeRoy Plumbing, Inc., in the above-captioned matter. Respectfully submitted Date 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7502 Attorney tor Yiainurr, DAVID LEROY PLUMB?NG, INC. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the PRAECIPE TO ENTER APPEARANCE AS CO-COUNSEL FOR PLAINTIFF, DAVID LEROY PLUMBING, INC., on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the--"day of 2009, and addressed as follows: Robert P. Kline, Esquire Kline Law Office 714 Bridge Street P. O. Box 461 New Cumberland, PA 17070 Elizabeth D. Snover, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 MARGOLIS EDELSTEI B 0 Ann '.Nelson, SecretAry ?? CAF ??? J? 2? ? r3. ? ? ?. ?, ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [7171975-8114 Direct Dial: (717) 760-7502 Attorneys for Plaintiff: Fax: 17171 975-8124 DAVID LEROY PLUMBING, INC. E-Mail: rkroll@margolisedelstein.com DAVID LEROY PLUMBING, INC, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW - 3 .3 ?rn rn -0 ? 'ter FRED W. ZEPLIN a/k/a FREDERICK W. : DOCKET NO. 09-2048 Civil Term z;E ZEPLIN, -<)> _j o Defendant. : JURY TRIAL DEMANDED RULE 1312-1: The Petition for Appointment of Arbitrators shall be substantialI ine following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Rolf E. Kroll, Esquire, Margolis Edelstein, and Robert P. Kline, Esquire, counsel for the Plaintiff in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $2,924.13, plus additional late fees that have accrued since April 13, 2009, attorneys fees, and collection costs as set forth in the terms and conditions of Plaintiff's work order, not to exceed $50,000.00. The counterclaim of the defendant alleges work performed by Plaintiff was incomplete and/or inadequate, thereby causing damages in an amount not to exceed $50,000.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Rolf E. Kroll, Esquire, counsel for Plaintiff; Robert P. Kline, Esquire, counsel for Plaintiff, Elizabeth D. Snover, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, EDELSTEIN DATE: 91 it I11 BY: PA 6preme Court I.D. No. 47243 C sel for Plaintiff, David Leroy Plumbing $a4.oo Po AYw 0!S559 eat,w V ORDER OF COURT AND NOW, , in consideration of the foregoing petition, , Esq., and Esq., and , Esq. are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS has been served on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 2-1 5 T day of S6i91CM6E-12. , 2011, and addressed as follows: Robert P. Kline, Esquire Kline Law Office 714 Bridge Street P. O. Box 461 New Cumberland, PA 17070 Frederick W. Zeplin Zeplin Security Group 2026 Market Street PO Box 144 Camp Hill, Pa. 17011 {Defendant, Pro Se} MARGOLIS EDELSTEIN ar Colleen A. Shutts, Law Clerk DAVID LEROY PLUMBING, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI A-,. VS. -? ^' - FRED W. ZEPLIN a/k/a FREDERICK W. NO. 09-2048 CIVIL TER&r- ZEPLIN - < rn C.) , DEFENDANT r `t' +L C-?) PRAECIPE TO SATISFY AND DISCONTINUE AND END--' THE PROTHONOTARY: Plaintiff having received from Defendant the amount of the Arbitrators' Award and all applicable appeal periods having expired, please mark the above-captioned matter satisfied and discontinued, and ended. Respectfully submitted, ) Zo 12 DATE ROBERT P. KLINE, ESQUIRE Kline Law Office 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Att _ey f r Plaintiff DATE OLF E. O L, ESQUIRE Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff 16 T - D EPLIN, Defendant 15 Cumberland Road Lemoyne, PA 17043