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HomeMy WebLinkAbout09-3718COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. QQ_ 3r]'1 a 0;ya Il° A 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 District Justice on the date and in the case referenced below. % o0 IIP%L CDg&_ MAC,&Ap WC, ? 09- 3-oS I I??+_ -K ,MA¢.-ifs 04 £ Nt?S9.s /k P M?i4 ? 17 e x-5- R11- Cv- 000,0 112 -o q er-AL vs 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 District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Dspuly If FROM W C_ was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after tiling the NOTICE of APPEAL. 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon SOPJa L. PwrEL At* "LA, PAL appellee(.), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 09_ 3r11 a dVi I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Tlal'IM Signature of appellant or attorney or agent RULE: To??g1L ?y?ht..` , appellee(s) Name of appellee(.) (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 S le. A VA June 6 09 Signal of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST EE FILEV WITHIN TEN (10) DAYS AFTER filing of the notice of appeal: Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 Signature of affiant AIN 676WA-ro "Wo ad 9V V o# WWOAW?W A 01 ? { Z =! f WV S-W6881 A 40 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cpl?ERLAND 1 Mag. Dist. No.: 09-3-05 MDJ Name: Hon. KARK 1L71RTIN Address: 507 ;N YORX ST NZaRANIC$BDRd 'PA Telephone: (717) 166-4575 1705{5,; SOOTBCEBTRAL CONTRACTING GROUP, INC 28 EAST SIMPSON ST *1[ECRANCISBDRG, PA 1705.5 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rPATEL, SONAL K ET AL. , 6563 NEW PROVIDENCE DRIVE' ILLRRISBURG, PA 17111 L ? J vs. DEFENDANT:. NAME and ADDRESS rSPANGL*E, ROBERT, ET AL'. 28 RUT SUM.,00N OT 11ECE MCODURG,, PA 17055 L J Docket No.: CV-0000112-09 Date Filed: 3/13/09 THIS IS TO NOTIFY YOU THAT: J.ud meet: DEFAULT JODO111=11AT PLT-T (Date of Judgment) 5/08/09 Judgment was entered for: (Name) PATEL, SOJU X, ET AL. © Judgment was entered against: (Name) SPA*GLER, ROBERT in the amount of $ 8,181.3 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachrrient/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 8,000.00 Judgment Costs $ 181.33 Interest on Judgment $ • Attorney Fees $ • 00 Total $'' 8,181,.35 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 PLEASy.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 CIVI PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE ,LENT HOLDER ELECTS TQENTER . THE JUDGMENr IN' COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST C IE FRpN vigr T IA190k aplllD;#O p. SS, AY BE ISSUED Y THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT 1S ENTERED IN THE COURT: F CIA;t;"ANYt9mtl Hr1?1AY.FiIE , A REQUEST FOR ENTRY OF SATISFACTION WITH THE III?AGI9 .ERIAL 131STRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FUG,' ?'? SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. . Magisterial District Judge.: ?. Date I. certify that this is'a true and correct copy of the record of'the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 5/08/09 8:55:00 AN s - u A COMMONWEALTH OF PENNSYLVANIA (`ni INTV nP• CMMZRLAND Mag. Dist. No.: 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST , PA Telephone: (717 ) 766-4575 17055 ROBERT SPANGLER 28 EAST SIMPSON ST XECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE f, f?1INTIFF: NAME and ADDRESS PATZL, SONAL K, ET AL. 6563 MEN PROVIDENCE DRIVE HAYitISBMLG, PA 17111 L J VS. DEFENDANT: NAME and ADDRESS rSPANGLER, ROBERT, ET AL. ? 28 EAST SIMPSON ST ILECHANICSBMtO, PA 17055 L J Docket No.: CV-0000112-09 Date Filed: 3/13/09 Judgment: DEFAULT JUDWZNT PLTI (Date of Judgment) © Judgment was entered for: (Name) PELr SONAL =, ET AL. 5/08/09 © Judgment was entered against: (Name) SOUTHCm TitAL CONTRACTING GROUP, INC in the amount of $ 81181.3 Defendants are jointly and severally liable. Damages will be assessed on Date & Time ?. This case dismissed without prejudice. residential lease $ $ 8,000.00 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F-1 $ Portion of Judgment for physical damages arising out of $ 181.35 $ .00 $ .00 Total Post Judgment Credits Post Judgment Costs $ 6,181.35 Certified Judgment Total $ ANY PARTY HAS THE AIGHT,70 APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTMONOTARY/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 R PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. J'E COME FROM THE COURT OF COMMON PLEAS AND NO FU UNLESS THE JUDGMENT IS ENTERED IN THE COUR 1? ON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A OCni 1=QT Fna FNTRV nF 3ATISFACT16N WITH THE AG RI AL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. F: I C`/ Date , Magisterial District I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 6/05/09 10:44:00 AN COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUP^ NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 09- 3718 Oi,'l lerM 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 District Justice on the date and in the case re4arenced below. EE I. n c??? ??p iJc "'D- 3-0S "NA r UQ.J. y, MA 9,:-,l rJ 7s5 v P NT CITY TATE ZIP CODE !Mp$o'j a8 E I ,pS? S: (Y)?41ANiw`?J2G ?+? I-70&s" V_A w -IA DATE OF JUqGMEN I .i??,l A 1. OF (plainfiR?A c'L. T (, L v ?-)14 C J4411 ( Gn A) 60.wp 0-v- 00C)o 1)2-Gq This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy r appellant was Claimant (see Pa. in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon 30 e-) A L PA TCL A-d f4 VQ4AL appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. O q- 3'718 0-;V/ i within twenty (20) days after service owe or suffer entry of judgment of non pros. ?" Signature of appellant or attomey or agent RULE: To$?/%tA ? L. A4 P kvf1A1_ AIN L 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 upo b onal service or by certified or registered mail. (2) '10 irliG rioti 6 ?l "int within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. .Ttfe date 6f 9"ce of tMlsjhu a if service was by mail is the date of the mailing. " t Dad:" y ?' , 2 . 1 S? • t1 rel.. D K$ i * n Signa of Prothonotary or Deputy ? a f "t '` r YN MUST INCLUDE'41Q?Y OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE uh - -i- ?Dorneshc Mail • ra Ish For delivery information visit our website at www.usps.corr ru Postage $ i nj Certified Fee 4 ° Postmark Return Receipt Fee C3 (Endorsement Required) Here Restricted Delivery Fee O (Endorsement Required) co Total Postage & Fees $ r c'3 Sent To i4LWAL O ! reet, Apt No................ r`- or PO Box No. /-Q% I A ew 0 Aj I bt91jar 1 .(L 1 6V7-- PROOF OF SNWAW (This proof of service AWST 8E MED 1 COMMONW TH OF PENNSYLVANIA COUNTY OF W,# ? ; ss AFFIDAVIT. I hereby (swear) (affil that I served US, Postal!?ef CERTIFIEDNIAlt Ir- ?Doinesvc Mail-011y; N1 r-A u,) For delivery information visit our vvebsitf, at wwv4.usps,cG ri ru ':;unified F'ee ° A.., _ isr Return Receipt Fee j O (Endorsement Required) i er Restricted Delivery Fee o C] (Endorsement Required) ) itad Postage & Fees Sent To C3 ° Street; Apt No„° r%- or PO Box No PA "? t 11 Bing of the notice ofapp"i. Chmak eppW*bk boxes.) W a copy of the Notice of Appeal, Common Pleas 0 I -3 7 J k, upon the District Justice designated therein on (date of service) ju,q_ If , 20 Jot , ? by personal service LI by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ; on < 20 _ Q by personal service by (cwtiW) (registered) mail, sender's receipt attached hereto. (SWOR AFFIRMED)AND D BEFOW ME THIS _ DAY OF 20 signature or $t signature of oif?cfai beibre whore a awk was MD& N1t lrirrPrC Tft of oftw My commission expires on j IW4 V% _, 20 tZ ?` 2 C I.t Cr% tY PW* OUR ru v u7 Ln Postage $ $ i Certified Fee j p Return Receipt Fee P tmark Here I M (Endorsement Required) -i Resdricted Delivery Fee f ° (Endorsement Required) j CO Total Postage & Fees r,- ------- "ciry stare, zrP.a -------------------------------------------------- Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 SONAL PATEL and KUNAL PATEL, Husband and Wife, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. ROBERT SPANGLER, Individually and d/b/a SOUTHCENTRAL CONTRACTING GROUP, INC. : DOCKET NO.: 09-3718- Civil Term CIVIL ACTION LAW Defendants. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Robert Spangler, Individually 28 East Simpson Street Mechanicsburg, PA 17055 You are hereby notified to file a written response to the enclosed Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Dated: July 7, 2009 By: / Thomas A. Archer, Esquire PA Atty. ID # 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 SONAL PATEL and KUNAL PATEL, Husband and Wife, Plaintiffs, V. ROBERT SPANGLER, Individually and d/b/a SOUTHCENTRAL CONTRACTING GROUP, INC. Defendants. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 09-3718- Civil Term CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Southcentral Contracting Group, Inc. 28 East Simpson Street Mechanicsburg, PA 17055 You are hereby notified to file a written response to the enclosed Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Dated: July 7, 2009 By: Thomas A. Archer, Esquire PA Atty. ID # 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 SONAL PATEL and KUNAL PATEL, Husband and Wife, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. ROBERT SPANGLER, Individually and d/b/a SOUTHCENTRAL CONTRACTING GROUP, INC. and SOUTHCENTRAL CONTRACTING GROUP, INC. : DOCKET NO.: 09-3718- Civil Term CIVIL ACTION LAW Defendants. JURY TRIAL DEMANDED COMPLAINT Plaintiffs, Sonal Patel and Kunal Patel, by and through their undersigned counsel, Archer & Archer, P.C., file the following Complaint against Defendants, Robert Spangler, Individually and d/b/a Southcentral Contracting Group, Inc., and in support thereof aver as follows: 1. Plaintiff, Sonal Patel, is an adult individual residing at 6563 New Providence Drive, Harrisburg, Dauphin County, Pennsylvania 17111 and is married to Kunal Patel. 2. Plaintiff, Kunal Patel, is an adult individual residing at 6563 New Providence Drive, Harrisburg, Dauphin County, Pennsylvania 17111 and is married to Sonal Patel. 1 3. Plaintiffs, Kunal Patel and Sonal Patel, are referred herein collectively as "Plaintiffs." 4. Defendant, Robert Spangler ("Spangler"), through information and belief, is an adult individual with a principal place of business located at 28 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Defendant, Southcentral Contracting Group, Inc., through information and belief, is a Pennsylvania corporation with a principal place of business located at 28 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. Defendants, Robert Spangler and Southcentral Contracting Group, Inc. are referred collectively herein as "Defendants." 7. Through information and belief, at all relevant times, Defendants were engaged in the home improvement contracting business and held themselves out to the public as such. 8. On or about December 8, 2008, Plaintiffs paid Defendants the sum of $3,800.00 as a deposit to purchase and install windows in Plaintiffs home. 9. The was no written agreement between the parties, however, Defendants sent Plaintiffs a letter dated February 25, 2009, wherein Defendant acknowledged that they were hired to perform the job for Plaintiffs and further advised Plaintiffs that they could not continue with the proposed work. A true and correct copy of Defendants' February 25, 2009 letter is attached hereto and incorporated herein as Exhibit "A." 10. Plaintiffs paid the $3800.00 deposit to Defendants based upon a reasonable reliance on Defendants' representations that Defendants were willing an able to complete the job. 2 I 1. Prior to receiving the February 25, 2009 letter from Defendants, Plaintiffs made repeated requests to Defendants, requesting that the Defendants complete the work or return Plaintiffs' deposit. 12. After receiving Defendants' February 25, 2009 letter, Plaintiffs reasonably relied upon Defendants' representations therein that Defendants would complete the job. 13. Plaintiffs believe, and therefore aver, that the Defendants never intended to complete the job or return Plaintiffs' deposit. 14. To this day, Defendants have refused to take Plaintiffs' phone calls or return the deposit monies to Plaintiffs, despite repeated demands therefore. FIRST COUNT - BREACH OF CONTRACT 15. The allegations of the proceeding paragraphs 1 -14 are incorporated herein by reference as though set forth herein at length. 16. Defendants' agreement with Plaintiffs to provide the goods and services averred herein and Plaintiff's agreement to provide valuable consideration for those goods and services constitute a valid and binding contract between the parties. 17. Despite Plaintiffs' complete performance under the contract between the parties, Defendants have breached the contract by failing to provide the goods and services promised. 18. By reason of the facts aforesaid, Defendants have materially breached their obligations under the contract between the parties, all to the damage of the Plaintiffs in the amount of $3,800.00. WHEREFORE, Plaintiffs demand judgment against the Defendants, Robert Spangler and Southcentral Contracting Group, Inc., for compensatory damages in the amount of $3,800.00, together with costs of suit and attorneys fees, as well as for any other relief deemed appropriate and just by the Court or to which the Plaintiffs are entitled as a matter of law. SECOND COUNT - UNJUST ENRICHMENT (plead in the alternative) 19. The allegations of the proceeding paragraphs 1 -18 are incorporated herein by reference as though set forth herein at length. 20. The Defendants took the sum of $3,800.00 from Plaintiff without providing Plaintiffs any value therefore. 21. To allow the Defendants to retain the benefit of Plaintiffs' monies would be unjust. WHEREFORE, Plaintiffs demand judgment against the Defendants, Robert Spangler and Southcentral Contracting Group, Inc., for compensatory damages in the amount of $3,800.00, together with costs of suit and attorneys fees, as well as for any other relief deemed appropriate and just by the Court or to which the Plaintiffs are entitled as a matter of law. THIRD COUNT - FRAUD 22. The allegations of the proceeding paragraphs 1 -21 are incorporated herein by reference as though set forth herein at length. 23. Defendants, through Spangler, misrepresented to Plaintiffs that Defendants were willing and able to purchase and install windows in Plaintiffs' home. 24. Based upon Defendants' representations, upon which Plaintiffs reasonably relied, Plaintiffs paid Defendants the sum of $3,800.00 as induced by the Defendants. 4 25. Defendants knew, or should have known, that Defendants had no ability or intention to complete the work. 26. To this day, Defendants have refused to take Plaintiffs' phone calls or return the deposit monies to Plaintiffs, despite repeated demands therefore. 27. The actions of the Defendants as described herein were willful and with reckless disregard of the Plaintiffs' rights. 28. As a result of Defendants' fraud, Plaintiffs have sustained compensatory damages in the sum of $3,800.00. WHEREFORE, Plaintiffs demand judgment against the Defendants, Robert Spangler and Southcentral Contracting Group, Inc., for compensatory damages in the amount of $3,800.00, together with treble damages, punitive damages, costs and attorneys' fees, and any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. FOURTH COUNT - VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 PA C.S.A. Section 201-1, et seq 29. The allegations of the proceeding paragraphs 1 -28 are incorporated herein by reference as though set forth herein at length. 30. This claim is brought under the Pennsylvania Unfair Trade Practices and Consumer Protection Law hereinafter ("the UTPCPL"), Section 73 PA C.S.A. Section 201-1, et seq. 31. The actions of the Defendants as described herein constitute unfair and deceptive acts or practices under the UTPCPL, including but not limited to engaging in 5 fraudulent and deceptive conduct which created a likelihood of confusion or misunderstanding. 32. Plaintiffs have sustained damages as averred herein. WHEREFORE, Plaintiffs demand judgment against the Defendants, Robert Spangler and Southcentral Contracting Group, Inc., for compensatory damages in the amount of $3,800.00, together with treble damages, costs and attorneys' fees, as well as any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. Respectfully Submitted, Dated: July 7, 2009 Archer & Archer, P.C. Thomas A. Archer, Esquire PA Atty. ID # 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Plaintiffs By: 6 Exhibit "A" Southcentrai Contracting t:iroup, Inc 28 East Simpson Street N9echaniesburg, PA 17055 February 25, 2009 Kunal Patel 6206 Spring Knoll Drive I{arrisburg, PA 17111 Dear Kunal: As I mentioned in my last message to you, the current economic conditions have caused me to cease doing business in remodeling. It is Unfortunate that I could not continue but my employee and I have both obtained jobs workin t for osiers at this time, As explained in that utessage, I will endeavor to install your windows as time and weather permits. It will likely he a couple windows a day as I would only he able to do this on a part time basis. These facts will not change, even il'you call me 4 or 5 times a day. That just wastes both our time and resolves nothing. On the advice ofan attorney. all discussions regarding this job From now forward must be in writing. I understand that you have had another contractor in to give you an estimate on installing th4 windows. I would be willing to entertain that option. Ityou are interested in doing sea. settd me your proposal as to the existing contract and I will present it to my attornev to determine the feasibility. Sincerelv, Robert Spangler, President CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, addressed as follows: Robert Spangler, Individually 28 East Simpson Street Mechanicsburg, PA 17055 Pro Se Southcentral Contracting Group, Inc. 28 East Simpson Street Mechanicsburg, PA 17055 Pro Se Date: July 7, 2009 ILW - ??n V Jessica R. Porter, 15arale FILED--f', 1C :, THE 2099 JUL -3 A ii 3: 0 i Cl is :. ?i 4 l y I ~i 1 2 3 4 5 6 s 9 to 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 SONAL PATEL and KUNAL PATEL, Husband and Wife Plaintiffs, vs. ROBERT SPANGLER, Individually and D/B/A 5OUTHCENTRAL CONTRACTING GROUP, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO.: 09-3718 Civil Term RESPONSE TO COMPLAINT 1. Contrary to claims by plaintiff, there is an existing written and signed contract between Plaintiff Kunal Patel and Southcentral Contracting Group Inc. 2. Pennsylvania law states that a contract signed by an individual on behalf of a corporation does not make that person individually liable for the contract. 3. Therefore Defendant requests that Robert Spangler Individually be removed from this lawsuit. 4. Current economic conditions and health issues of the sole employee of Southcentral Contracting Group, Inc. has forced the corporatioin to cease doing business. 5. In many prior dealings with plaintiff,. defendant determined that plaintiff would say anything to attempt the get something done. 6. Therefore, defendant requested that all communications pertaining to this job be in writing, and not verbal. 7. Defendant refused to do so, ignoring email and instead insisting on harassing defendant with dozens of phone 1 1 calls a day and relaying threatening messages through 2 defendant's minor children. 3 8. Defendant offered other means of resolving this conflict, 4 including having another contractor install the windows, 5 provided the current contract was mutually nullified, but 6 plaintiff refused. 7 9. Defendant attempted to persuade plaintiff not to sign 8 this work contract in December of 2008, but to wait until 9 January of 2009 to take advantage of tax credits that to would be available at that time, but plaintiff refused, 11 fully aware that winter weather condition: could prevent 12 the installation of the windows until spring of 2009. 13 10. To this day, defendant is willing to allow another 14 contractor complete the installation of tr-e windows if an 15 acceptable agreement, in writin g, is reached to nullify 16 the original signed, written contract which plaintiff 17 claims does not exist. la 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2 CERTIFICATE OF SERVICE I, Robert Spangler, hereby certify that on the date set forth below l served a true and correct copy of the Foregoing document of the persons state below, via US First Class mail, addressed as follows: Kunat Pate! 6563 Providence Drive Harrisburg, PA 17112 Sonal Patel 6563 Providence Drive Harrisburg, PA 17112 Date August 7, 2009 Robert Spangler ', r n ? t '. ~ ~ ~ . _., - ` ~, 7~,~ u r ,_.