Loading...
HomeMy WebLinkAbout09-4302F TILESTIicrim' 13384 Lake\ 13384. Lcom/mah Created: 1110510109:49:53 AM Revised: 06/25/09 10:53:35 AM 8369.4 Christopher E. Rice, Esquire I.D. 90916 Jacob M. Theis, Esquire I.D. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs NANCY A. LAKE and COREY L. LAKE, IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW/? NO. 09 1, ? v i t-FerIk CHRISTOPHER STAFFORD, and GERARD FARNAN, t/d/b/a WOODWORKING BY GERARD, Defendants 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NANCY A. LAKE and COREY L. LAKE, IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 1 NO. CHRISTOPHER STAFFORD, and 09' q3O)- C WI GERARD FARNAN, t/d/b/a WOODWORKING BY GERARD, Defendants COMPLAINT AND NOW come Plaintiffs, Nancy A. Lake and Corey L. Lake, by and through their counsel, MARTSON LAW OFFICES, and hereby file this complaint against Defendants, averring as follows: 1. Plaintiffs, Nancy A. Lake and Corey L. Lake, are adult individuals residing at 1604 Liz Burns Place, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant Chris Stafford ("Defendant Stafford") is an adult individual with a last known address of 1148 North George Street, York, York County, Pennsylvania, 17404. 3. Defendant Gerard Faman ("Defendant Farnan"), doing business under the name "Woodworking by Gerard," is an adult individual with a last known address at 825 South Duke Street, York, York County, Pennsylvania, 17404. 4. Beginning in October of 2007, Plaintiffs sought professional services to remodel the exterior of their home. 5. On or about October 30, 2007, Plaintiffs executed a contract with Defendant Stafford to have stone veneer applied to certain portions of the exterior of their home. A true and correct copy of the contract is attached hereto and incorporated herein as Exhibit "A." 6. On or about that same date, Plaintiffs executed a second contract with Defendant Stafford and Defendant Farnan to have new siding installed on the exterior of their home. A true and correct copy of the contract is attached hereto and incorporated herein as Exhibit "B." 7. Plaintiffs tendered $5,928.00 to Defendant Stafford as consideration for the work to be performed under the first contract. 8. Plaintiffs tendered $31,350.00 to Defendant Stafford and Defendant Farnan as consideration for the work to be performed under the second contract. 9. During the course of work performed by Defendants, Defendants convinced Plaintiffs that Defendant Farnan was qualified, willing and able to build a deck on the back of Plaintiffs' home. 10. On or about November 15, 2007, Plaintiffs executed a third contract with Defendant Farnan to build a deck on the back of their home. A true and correct copy of this third contract is attached hereto an incorporated herein as Exhibit "C." 11. Plaintiffs tendered $10,000.00 to Defendant Farnan as an initial payment under their contract for the construction of the deck. 12. The stone veneer and siding work performed by Defendants was grossly inadequate and was never fully completed. 13. Defendants have failed to return to Plaintiffs' home to repair and complete the stone veneer and siding work. 14. Defendant Farnan has failed to begin construction of the deck and has failed to return the $10.000.00 payment made by Plaintiffs. COUNTI Plaintiffs v. Defendants Breach of Implied Warranty of Workmanship 15. Paragraphs 1 through 14 are incorporated by reference as though fully set forth herein. 16. The work performed by Defendants under the first two contracts (Exhibits A & B) was not performed in a reasonably workmanlike manner, including, but not limited to the following: a. The stone veneer is crooked; b. The stone veneer does not seal around windows and other openings; C. The stone veneer is not aligned with the roof, thereby leaving a gap between the veneer and the roof; d. The siding does not sufficiently cover the exterior of Plaintiffs' home, leaving portions of the home exposed to the elements; and The installation of the siding damaged various windows and other portions of the home which required repair. 17. The contracts (Exhibits A & B) do not disclaim any of the warranties implied by Pennsylvania law. 18. Plaintiffs' contacted Defendant Stafford and Defendant Farnan and demanded that they repair and complete the veneer and siding work. 19. Defendants have failed to return to Plaintiffs' home to repair and complete the work as requested. 20. Plaintiffs hired another contractor to complete and repair Defendants' work, which cost Plaintiffs' $3,423.97. WHEREFORE, Plaintiffs demand judgment against Defendant Stafford in the amount of $3,423.97, plus costs of suit, interest from the date of payment, and any other relief that the court deems appropriate. COUNT II Plaintiffs v. Defendant Farnan Breach of Contract 21. Paragraphs 1 through 20 are incorporated by reference as though fully set forth herein. 22. On or about November 15, 2007, Plaintiffs tendered $10,000.00 to Defendant Farnan as partial consideration for a contract to build a deck on the back of Plaintiffs' home. 23. Despite Plaintiffs' numerous attempts to contact and otherwise locate Defendant Farnan, he has failed to construct the deck as required by the contract with Plaintiffs (Exhibit Q. 24. Defendant Farnan's failure to even begin construction of a deck is a breach of his contract. 25. Defendant Farnan has not returned the $10,000.00 paid by Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Defendant Farnan in the amount of $10,000.00, plus costs of suit, interest from the date of payment, and any other relief that the court deems appropriate. COUNT III Plaintiffs v. Defendant Farnan Material Misrepresentation/Fraud 26. Paragraphs 1 through 25 are incorporated by reference as though fully set forth herein. 27. Defendant Farnan represented to Plaintiffs that he would build a deck on the rear of their house in return for a stated sum. 28. Defendant Farnan's representation was material and induced Plaintiffs' to enter into the agreement with Defendant Farnan. 29. Upon information and belief, Defendant Farnan made such a representation intending not to perform, and/or made such representation with a reckless indifference as to whether he was able to perform. 30. Plaintiffs' reliance on Defendant Farnan's representations regarding the construction of a deck was justifiable. 31. As a direct and proximate cause of Defendant Faman's fraudulent misrepresentations, Plaintiffs' paid Defendant Farnan $10,000.00. WHEREFORE, Plaintiffs demand judgment against Defendant Farnan in an amount not to exceed the compulsory arbitration limits, plus costs of suit, attorneys' fees, interest from the date of payment, and any other relief that the court deems appropriate. COUNT IV Plaintiffs v. Defendants Quantum Meruit 32. Paragraphs 1 through 31 are incorporated by reference as though fully set forth herein. 33. In the alternative to Counts I and II, Defendants have been unjustly enriched. WHEREFORE, Plaintiffs demand judgment against Defendants, plus costs of suit and interest from the date of payment, and any other relief that the court deems appropriate. COUNT V Plaintiffs v. Defendants Violations of the Unfair Trade Practices and Consumer Protection Law 34. Paragraphs 1 through 3 3 are incorporated by reference as though fully set forth herein. 35. As described in this Complaint, the Defendants' conduct created, among other things, confusion and misunderstanding by Plaintiffs, and constitutes fraudulent and/or deceptive conduct under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 36. Both Defendant Stafford's and Defendant Farnan's actions were malicious, wanton, willful, oppressive, and exhibited a reckless indifference to the rights of Plaintiffs. 37. The Defendants' conduct violates the Pennsylvania Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Plaintiffs demand judgment against Defendants in an amount three-times the actual damages suffered, plus costs of suit, reasonable attorneys' fees, consequential damages, and any other relief that the court deems appropriate. MARTSON LAW OFFICES Y C opher E. Rice sore Number 90916 Jacob M. Theis, Esquire ID Number 208631 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 5 - D 6 Attorneys for Plaintiffs Date: EXHIBIT "A" Chris Stafford 1148 North George Street York, PA. 17404 Phone: 717-600-4728 October 28, 2007 PRO EC Veneer Stone Facing CUSTOMER Cory Lake 1604 Liz Burns Place Mechanicsburg, PA. 17055 Phone: 717-766-4415 MATERIALS ¦ Veneer Stone ¦ S type mortar • Sand • Tar paper ¦ Screen ¦ 4x4x 16 ft ¦ Vinyl sleeves 110 in. 301 sq.ft. 12-14 80lbs. bags 24-28 401bs bags 3-4 rolls 301 sq.ft. 3 6 WORK TO BE COMPLETED Removal of existing siding. Install tar paper, screen. Install scratch coat. Lay stone out and install, buttering the back side of each stone. Grout and finish. Install vinyl sleeves over 4x4 post and install. COST 5,928.00 Labor and materials TERMS 4300.00 Cover material cost and some labor. Will secure any permits needed by township if needed at all. Balance due upon completion WHEN Will start with in week of when material comes in. Approx 2-3 weeks or when customer needs work to start after arrival of material. BUILDER: DATE: lal 3A' 0 7 EXHIBIT "B" Chris Stafford 1148 North George Street York, PA. 17404 Phone: 717-600-4728 October 30, 2007 PROJECT Siding Estimate CUSTOMER Cory Lake 1604 Liz Burns Place Mechanicsburg, PA. 17055 Phone: 717-766-44 1 5 MATERIALS ¦ Mastic Perfection siding 49 1/2 sq ¦ J channel 12.6 ft. 60pcs ¦ Starter strip 23 pcs ¦ Out side corners 10.6 ft 7 ¦ Nails 1 '/4 50lbs ¦ Caulk 1 case ¦ Dumpster 1 WORK TO BE COMPLETED Remove existing siding, install J channel and outside corners. Install starter strip. Install siding all four sides. Caulk around windows and J channel. Remove waste and clean jobsite on daily basis. COST 31,250.00 Includes material, labor and permit (if needed) TERMS %Z Down Balance upon completion WHEN Start job 2nd to 3`d week in November when materials arrive 1 t Chris Stafford 1148 North George Street York, PA. 17404 Phone: 717-600-4728 CUSTOMER : BUILDER: BUILDER: DATE: ?'0/ jD l a EXHIBIT "C" oodworking by Gerard 506 North George Street York, PA. 17404 717-600-4995 November 13, 2007 PROJECT Deck redo contract CUSTOMER Cory Lake 1604 Liz Burns Place Mechanicsburg, PA. 17055 Phone: 717-766-4415 MATERIALS ¦ Composite deck boards 20ft.Timbertech Gray 31 ¦ Composite deck boards 16ft Timbertech Gray 42 ¦ Vinyl rail RDI turned balusters 6ft sections 16 ¦ Stair rail RDI turned balusters 8ft sections 2 ¦ 2x12x12 stair stringers B S ¦ Band board 12ft sections 6 ¦ Matching screws 3 boxes ¦ New England style caps 16 ¦ New England style collars it ¦ Vinyl 6x6 wrap 9 • Post covers 17 ¦ 6x6x10 6 ¦ 4x4x10 8 ¦ 2x8x10 13 ¦ 2x8x16 6 • 2xlOxl6 8 WORK TO BE COMPLETED Tear off existing deck boards. Remove concrete slab and install 2x8 sleepers on footer. Install 6x6 post on cat walk and frame in approx 4 ft wide,Install 6x6 post on new deck, build beam and set on top of post, run ledger board on garage(must do before siding is ran in back) and lag using lh lags approx. 16in apart install joist hangers and 2x8 joist, run band board across front Install composite decking, install vinyl wrap around support post and rail post, install collars. Install rail sections spaced evenly across front and sides. Cut and install stair stringers using band board for risers and deck boards for treads. Install stair rail. Install band board. Clean up debris and haul away. COST 15,000.00 TERMS 41,000.eedown Balance to cover material balance due upon completion I&JO60loo TIME FRAME Will do along with siding, will take approx 1 week to complete CUSTOMER: DATE:I I I /s7 Q-2 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification.to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Nancy A. Lake „M, **79.50 PO A TTY CK-+ Alasy 2X* aa7aa9 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriff s Office of Cumberland(Co'}'~~y,~~r~~,G~r^tTA[~ ~.%~ I rte ~,I 'ir~ 1~I' i~,ii~~i.~ 1i'li ~~ ~Q~„tr of ~u+r~ibrrt~h~ 3(~~g .~U~ G~ t" i"i J~ .~. ~ ~ ~ ~ „~ '~.~ ~`_.~' '~~ ~~~li.~ ~ -~7~ tR~ CYFf ~G~ ~' F"'•~~ Sk~RIFP f_ ~ ,! e J t 1 u vi!°; Nancy A. Lake vs. Christopher Stafford Case Number 2009-4302 SHERIFF'S RETURN OF SERVICE 06/26/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Christopher Stafford, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice according to law. 06/26/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Gerard Farnan t/d/b/a Woodworking by Gerard, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice according to law. 07/02/2009 York County Return: And now, July 2, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Christopher Strafford the defendant named in the within Complaint and that I am unable to find him in the County of York and therefore return same NOT FOUND. 07/02/2009 York County Return: And now July 2, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Gerard Farnan t/d/b/a Woodworking by Gerard by making known unto John Dziuban, adult in charge at 825 South Duke Street York, PA 17404 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.44 July 20, 2009 SO ANSWERS, ,~,.,,_, _.. ~... .,.. .. `- _,_ R THOMAS KLINE, SHERIFF 1 OF 2 COUNTY OF YORK OFFICE OF T~-IE SHERIFF 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE INSTRIJCT~NS PROCESS RECEIPT and AFFIDAVIT OF RETURN ~~~ TYPE ONLY L~ 1 THRU 12 DO NOT DETACH ANY COPS 1. PLAINTIFFIS/ NANCY A. & COREY L. FAKE 1~ SERVIt~E CALI. (717;1 'I71-9601 2 COURT NUMBER 2009-4302 3. DEFENDANTIS/ 4. IYf't yr wKr r VK t,umrkt+rn NOTICE, CICA CHRISTOPHER STRAFFORD COMPLAINT & NOTICE SERVE 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD CHRISTOPHER STRAFFORD 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO ,CITY BO , TWP . STA E O ZIP E) AT ~ t-G~c~~ 7. INDICATE SERVICE: O PERSONAL p PERSON IN CHARGE XJ DEPUTIZE =1 CERT. MAIL U 1 T b4SS MAIL - POSTED 'J OTHER NOW JUNE 26 , 20 09 I, SHER COUNTY P , d hereby deputize the sheriff of YORK COUNTY to execute t ~ It 1 th ~ cording to law. This deputization being made at the request and risk of the plaintiff., ~-.-- SHERIFF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OUT OF CO CUMBERLAND ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaciing any property under within cant may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, wthout liability on the part of such deputy or the sheriff to any plaintiff herein for arty bss, desWdiOn, or removal of any property before shehffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED CHRISTOPHER E. RICE 17-243-3341 10 EAST H7C~H STREET t^ART TSTF PA ~ 713 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be marled) CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND CO SHERIFF 6-25-09 ~[17LTRTHlITT~F C(lT1ARF, Ri'YlT/I '~.(Z~~-~T TSI.F. PA 17I1~ ~ SPACE BELOW FOR USE OF THE SkERFF - DO NOT WRITE BELOW Tl'~S LOVE 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15 ExpiratioMHeanng Date or complaint as indinted above. MJ MCGILL YCSO 6-29-09 7-25-09 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( j POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certiry and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS D Time Miles Int. D to Ti a Mils I Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. Dale Time Miles Int. 22. REMARKS: PER POST OFFICE CHECK, NOT KNOWN AT ADDRESS GIVEN. 23. Advance Costs 24 Service Costs 25 N/F h eage 26. M /1 27. Postage 26. Sub Total 29. Pound 30 No/ta~ryy/~~ 31. Surchg; . ' 32. Tot. Costs 3 Costs Due o elu ~` Check No 1 ~~O ~ . ( ~ ~ S L V~~ ~~ ` 0 t+ P 34. FOrai9n County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. MileagelPostageJNot Found 39 Total Costs 40 Costs Due Or Refund r _ . SO /iN RS 41. AFFIRMED and su ~ to pet (.~,, .~ ~~~I qf, 1 'rF-I 44. Signature of . 45. DATE ~ , _ 42. day of .~.t3d8rhic--ztt~ Dep. Sherrlf L > - ,, ~~ c #M,l NOTARY ' ': ' 46. Signature of Y ' ...,yy~~Y 1L~ r`s+"C~ `] < - E•'il.n y .GATE 1ARY ~!^.4I ' JuLIC ~ County She . ~ ~ 4 ~~"~ ~-`~' - ' ~~ RICHARD P. UERL~ S RIFF 7-17-09 PfY ~~., ; ~ ra ~~ •. ^ 2. ?009 46 Signature o1 Foregn 49 GATE -~- Sh nR -- County e 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 171 UA I t KtI.tIVtU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Isswrq Authority 2. PINK -Attorney 3. CANARY - SheriRS Office 4. BLUE - ShenRS Olhce 2 OF 2 `rt ~~ COUNTY OF YORK OFFICE OF T`HE SHERIhF s(R ;'; 1960 L 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE ~ISTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN P~-EASE TYPE Ot1~-Y LMIE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PtA1NTIFFlS! NANCY A. & OOREY L. T,AKF: 2 COURT NUMBER 2009-4302 4 TYIPE OF WRIT OR COMPLAIN NOTICE r CICA 3. DEFENDANT/S/ OOMPLAINT & NOVICE GERARD FARNAN T/D/B/A 4ut00DWORKING BT GERARD SERVE 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTAGHtU. UR su~u GERARD FARNAN T/D/B/A WOODWORKING BY GERARD 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO ,CITY. BORO. TWP .STATE AND ZIP CODE) AT 825 SOUTH DUKE STREET YORK, PA 17404 7. INDICATE SERVICE: O PERSONAL U PERSON IN CHARGE 30 DEPUTIZE U CERT. MAIL U t ST GLASS MAIL U POSTED '-l OTHER NOW JL7NE 26 , 2002_ I, SHERI COUNTY, F'A, d ereby deputize the sheriff of YORK COUNTY to execute thi ere ur the~D ording to law. This deputization being made at the request and risk of the plaintiff., ~ CMFQICC nl 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE ADV FEE PAID BY ATTY. OUT OF CO CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sherAf levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after noUrymg person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, desWQion, or removal of any property before sheriKs sale thereof. g. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER t t DATE FILED CHRISTOPHER RICE 717-243-3341 10 EAST HIGH STREET CARLISLE, PA 17013 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice ~s to be marled) 6-25-09 CUMBERLAND OOUNTY SHERIFFS OFFICE CUMBERLAND CO SHERIFF DO NOT WRRE BELOW TMS LIPS 13 I acknov+lcdge receipt of the writ t4. DATE RECEIVED 15 ExpiratioNHeanng Date a complaint as indicated above. - - g 7-25-09 16. HOW SERVED: PERSONAL ( ) RESIDENCE POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW f7. 1 hereby ceAity and return a NOT FOUND bec u I am unable to locate the individual, company, etc. named above. (See remarks below.) E D TI L OF INDNIDUAL SERV / T ADDyR--ESS ERErIF y0T SHO ~^BOVE (Relati sh to Defendanq 19. D to S~ice 2 Time of Serv 6 viyl 21 W a ~- T' P'~ lA ATfE PTS Dale Time Niles Int. Date a Miles Int. Dale Time les Int. Dale T Miles Int. Dale Time Miles Int. Dale Time Iles Int. 22. REMARKS: 23. Advance Costs 24 Service Costs 25 N!F 26 Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Ta. Costs 33 Costs Due or Refund Check Nc 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 39 MileageJPostageJNot Fountl 39 Total Costs 40 Costs Due or RefunO \ - 41. AFFIRMED and subscribed to be( a me 42 day ~ ~liiylCNT~~lJ 44. Signature of \° ~~~ 71 v Dep. SheriR ~}- W f rr ~ t ~.;f~L ! NOTAR 46. Signature of Y _ ~/t,~ /l • E LISA l f , f' ':~~TARY f~UBLIC County ~~ 7 ~,,~.~ CiT1 G. Yid ,YCRKCOUPJTY S RIP'Ft 7-17-09 MY CGtiR~;ilt~ iC.~~ ".tiFl~<ES AUG. 12, 2009 46 Signature of Forego 49 DATE County ShenR 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE t. WHITE - Isswrq Authority 2. PINK -Attorney 3. CANARY - SheriRs Office 4. BLUE - ShertRs ORice F:\FILES\Clients\13384 bake\13384. Lpra.defauhl Created: II/OS/01 09:49:53 AM Revised: 08/14/09 11:00:29 AM Christopher E. Rice, Esquire I.D. 90916 Jacob M. Theis, Esquire I.D. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs NANCY A. LAKE and COREY L. LAKE, Plaintiffs, v. CHRISTOPHER STAFFORD, and GERARD FARNAN, t/d/b/a WOODWORKING BY GERARD, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-4302 PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiffs and against Defendant Gerard Farnan t/d/b/a Woodworking by Gerard in the amount of $13,423.97, plus costs of suit, attorneys' fees, consequential damages, and interest from the date of payment for Defendant Gerard Farnan t/d/b/a Woodworking by Gerard's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant Gerard Farnan t/d/b/a Woodworking by Gerard at the address indicated thereon, on August 3, 2009, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES /~ By ., ob M. eis, sq •e I.D. No. 208613 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 14, 2009 Attorneys for Plaintiffs F:IFILES\Clirnts\13384 Lake\13384.1.10-day Created: 11/05/01 09:49:53 AM Revised: 07/31 /09 10:49:39 AM Christopher E. Rice, Esquire I.D. 90916 Jacob M. Theis, Esquire I.D. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs NANCY A. LAKE and COREY L. LAKE, IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA ~. CIVIL ACTION -LAW NO. 09-4302 CHRISTOPHER STAFFORD, and GERARD FARNAN, tJd/b/a WOODWORKING BY GERARD, Defendants TO: GERARD FARNAN, t/d/b/a WOODWORKING BY GERARD IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10} DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOtJ MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT :MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 O MARTSON LAW OFFICES 0 By ob M. eis ire Attorneys f laintiffs Dated:-~ct~9A9- ~- 3- ~q Christopher E. Rice, Esquire I.D. 90916 Jacob M. Theis, Esquire I.D. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs NANCY A. LAKE and COREY L. LAKE, IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA v. CHRISTOPHER STAFFORD, and GERARD FARNAN, t/d/b/a WOODWORKING BY GERARD, Defendants CIVIL ACTION -LAW NO. 09-4302 AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND Jacob M. Theis, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant Gerard Farnan t/d/b/a Woodworking by Gerard above named is not in the military service of the United States of America, that he has knowledge that the said Defendant is now living at: Mr. Gerard Farnan, WOODWORKING BY GERARD, 825 South Duke Street, York, PA 17404. ~~ M. Theis, Esqu Sworn to and subscribed before me this ~ day of AG~~..s-} , 20~. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa A Scholly, Notary Public ~ Carlisle Boro, Cumberland County Notary Public My Commission Expires Jan.19, 2010 Member, Penneylvanla Aeaoclatiion of Notaries Christopher E. Rice, Esquire I.D. 90916 Jacob M. Theis, Esquire I.D. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs NANCY A. LAKE and COREY L. LAKE, IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 09-4302 CHRISTOPHER STAFFORD, and GERARD FARNAN, t/d/b/a WOODWORKING BY GERARD, Defendants COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND Jacob M. Theis, Esquire, being duly sworn according to law, deposers and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & l?ALLER, attorneys for the Plaintiffs in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant, Gerard Farnan t/d/b/a Woodworking by Gerard was given to him by mail on August 3, 2009. ~~ cob M eis, Sworn to and subscribed before me this ~y ±~' day of C , 20 C~ Notary Public COMMONWEALI`H OF P%NNSYLVANIA Notarial Seal Melissa A. Scholly, Notary Public Carlisle Boro, Cumberland County My Commission Expires Jan.19, 2010 Member, Pennsylvania Aseociatlon of Notaries CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe to Enter Default Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Gerard Farnan WOODWORKING BY GERARD 825 South Duke Street York, PA 17404 MARTSON LAW OFFICES By~'wu ~ Ami J. Th ma 10 East Hi Street Carlisle, PA 17013 (717) 243-3341 Dated: August 14, 2009 OF 'tHc PP ~ 0?AP.Y 2QB9 AE,+G 14 PM 3~ 29 ~ ~:; } l~ti Ji~~J`t~~ `Vr~•~.;VJr, ~I~.oo Pp ArM ~~-a~4~5 ~* aa9a ~s Christopher E. Rice, Esquire I.D. 90916 Jacob M. Theis, Esquire I.D. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs NANCY A. LAKE and COREY L. LAKE, IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 09-4302 CHRISTOPHER STAFFORD, and GERARD FARNAN, t/d/b/a WOODWORKING BY GERARD, Defendants TO: GERARD FARNAN t/d/b/a WOODWORKING BY GERARD, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the ~ y* day of A lc, _, 200q, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $13,423.97, plus costs of suit, attorneys' fees, consequential damages, and interest from the date of payment for failure to file an Answer to Plaintiff's Complaint. Date: Prothonotary ~ I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. Gerard Farnan WOODWORKING BY GERARD 825 South Duke Street York, PA 17404