HomeMy WebLinkAbout01-4751.'O/WMONWEALTH OF FI~NNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
CO' ' ON"LEAS No. O I -- 4/
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 mentioned below.
NAME OF APPELLANT
Witter
O'r ] ~n~ln r,4nl ~l~n~ 1 ~l,q
July 12, 2001 William E.
LT 19
This block will be signed ONLY when this notation is required under p~K~R
No. 1008B.
This Notice of Appeal, when received by the District Justice, will oper(
SUPERSEDEAS to the judgment for possession in this case.
v$
Orlando Moldanaldo
].~~P.J.P.
No. 1001(61 in action before District Justice,
he MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL,
Enter rule upon
(Common Pleas No.
RULE: To
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.J.P. No. 1001(71 in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: TO Prothonotary
William E. Witter , appelleeS, to file a complaint in this appeal
Nome of appellee(s)
6>/- 9'5'?J ~ ) within twenty (20) days afte~service of rule or suffer entry of judgment of non pros.
William E. Witter ,appellee(s)//
/
Nome at appellee(s) ~x
(11 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 WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was.by mail is the date of mailing.
Date: ~:~. /~. , 1~ .
AOPC312-80 COURT FILE TO BE FILED WiTH PROTHONOTARY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag Dis1 No:
09-1-02
DJ Name Hen
ROBERT V. MANLOVE
A~d ..... 1901 STATE STREET
CAMP HILL, PA
~p, .....t717) 761'0583
17011-0000
ORLANDO MOLDANALDO
70 ACOMO DR
DILLSBURG, PA 17019
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
~ITTER, WILLIAM E ~
75 2ND ST
WEST FAIRVIEW, PA 17025
VS.
DEFENDANT: NAME arid ADDRESS
FMOLDANALDO, ORLANDO ~
70 ACOMO DR
DILLSBURG, PA 17019
Docket No.: CV-0000139- 01
Date Filed: 4/26/01
THIS IS TO NOTIFY YOU THAT:
Judgment:
[] Judgment was entered for: (Name)
]Judgment was against: (Name)
eetered
in the amount of $
FOR PLA~I~PI FF
'~ .. RO0 _ RO on: (Date of Judgment)
7/12/Ol
] Defendants are jointly and severally liable.
] Damages will be assessed on:
~-'] This case dismissed without prejudice.
r-]Amount of Judgment Subject to AttachmentJAct 5 of 1996 $_
[] Levy is stayed for__ days or [] generally stayed.
'--[Objection to levy has been filed and hearing will be held:
(Date & Time)
Amount of Judgment $ 3,500.00
Judgment Costs $ 100.50
Interest on Judgment $ .00
Attorney Fees $ . O0
Total $ 3,600.50
$
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Date: Place:
Time:
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 T~~~T~.r~WITH YOUR NOTICE OF APPEAL.
'Y/~- d)J Date ~' _L "'"'"t/'"?l:~ ~'' , f/c.f/~Z.x.~t..'% , District Justice
/./; ) r"I . , r r"). . . ,,' . ' ,
I certify that th, is isa ,rue._a ..~~ '__~p~c/~,~l!no,s~.,a~!~lng. the judgment.
7 /'G~ t/)/ Date "~'Q.~.~-l~-~~7 U'////C"~,.V~;F~ .,,,. L,,D'str'ctOust'ceI
My commission expires first Monday of January, 2006 %~ <SEAL
AOPC 315-99
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
proof of serwce MbS1 BE FILED WITHIN FPVE--FS-~DAYS AFFEF! ; J~r ~ :~e notice O/ c~ppec~l. Check fzppticab~e ~)oxes~
COUNTY OF __ _X_O~'~
AFFIDAVIT: I hereby swear or ~Hrm that I Ferved
~ o copy of the Notice..~of Appecd. Common Pleas No]])1~751 .... Jpor the District Just;ce J' i~n;te.J the.e~.
recent ottqched bereto, a~dupon heapp~ -e nane ~ ~ ~ ~
' ~b0m the'Ru!~ ras ad~r~s~ed ~%~ -~ ~:~by persona~ service (~b~
: mail; ~n~r~s ~eip}' ~ff~hed h~r~to..
SWORN (AFFIRMED) AND. SUBSCRIBED BEFORE ME .... '
THm~~ DAY OF ~Z~ ~/' ~, "
~ ~ ~r,~ PuU~ '
[:3
r-'l
I also wish to receive the
following services (for an
extra fee):
1. [] Addressee's Address
2. [] Restricted Delivery
~ ~= T~e _ _R~t_ .m Rec~pt w~fl show to wflom the a~icle was ~ve~ ~d ~e ~ Consu~ ~st~ster for fee.
4b. Sewide Type
Iqo/ ~ Expre. Mai' ~
o X
PS Fo~n 3S11, December 199
[] RetumReceiptforMerchandise [] COD
~. Date of Deli
.
a~ ~ ~s ~
.... ~)omestic Return Receipt
102595-98-B-0229
H~ldor'~dO
SENDER: I also wish to receive the
· Con. plate items 1 and/or 2 for additional sauces, following services (for an
· Complete items 3, 4a, and 4b.
· print your name and address on the revers~ of this fo~m so that we can return this extra fee):
cam to ou 1. [] Addrsssee's Address
· ~te 'Return Receip Requested on the mallptece below the article numb . 2.~ Resthcted Delivery
3. Article Addressed to: 4a. Article Number (,j~//~.
7/Y _ 1,5 1
4b; S-e Wice Type
5. ~eceiv~d By: (Print Name)
.E PS Fd~m3~ll,'Decamb. ar 1994
[] Registered ~ Certified
[] Express Mail [] Insured
i'-i Return Receipt for Merchandise [] cOD
· Addressee s AG~,e~ (O~ly if requested
and fee is paid)
~-~-s-o~ ' DomestiC Return R, eceipt
Plo lda / < tdo
~ILLIAM E. WITTER,
Plaintiff
vs.
DRLANDO MALDANADO,
and PATSY MALDANADO,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 01-4751
NOTICE TO DEFEND
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
mn 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 Court House
Court Administrator
1 Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
Wmllmam C. Dzssmng Esquire
Attorney for Plain~fff
WILLIAM E. WITTER,
Plaintiff
VS.
ORLANDO MALDANADO,
and PATSY MALDANADO,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 01-4751
COMPLAINT
AND NOW comes the Plaintiff, William E. Witter, by and through
their attorneys, Dissinger and Dissinger, and represent the
following:
1. The Plaintiff is William E. Witter, who resides at 75
Second Street, West Fairview, Cumberland County, Pennsylvania,
17025.
2. The Defendants are Orlando Maldanado and Patsy Maldanado,
who reside at 31 Union Church Road, Dillsburg, Franklin Township,
York County, Pennsylvania The District Justice Complaint and Notice
of Appeal refer to Defendant as Orlando Moldanado and give his
address as 70 Acomo Drive, Dillsburg, Pennsylvania 17019.
3. On May 02, 2000, Plaintiff and Defendants entered into a
written contract in which Plaintiff would act as the construction
manager of work to be done on a new house located at 31 Union Church
Road, Dillsburg, York County, Pennsylvania, 17019. (See contract
attached as Exhibit "A".)
4. Plaintiff was to be paid one thousand five hundred
$1,500.00) dollars per month under the contract.
5. From June 01, 2000 until December 31, 2000, Plaintiff
performed work under the contract.
6. In June of 2000, Plaintiff and Defendants also entered into
an oral contract where Plaintiff agreed to provide materials and
manpower for building the new house.
7. Under the oral contract, Defendant agreed to pay for the
materials and pay fifteen ($15.00) dollars per hour for manpower.
8. In October of 2000, Defendant offered to pay twenty-five
($25.00) dollars per hour for manpower for the month on November if
Plaintiff devoted "all the manpower he could" to the project.
9. Plaintiff accepted Defendant's offer discussed in paragraph
ei§ht (8) and billed his manpower for November at twenty-five
($25.00) dollars per hour.
10. On December 28, 2000, Defendant replaced Plaintiff as
construction manager.
11. On December 31, 2000, Plaintiff told Defendant their
contract was over as he had been replaced.
12. Defendant owes Plaintiff nine thousand ($9,000.00) for
services performed under the written contract from June 1, 2000
through December 31, 2000.
13. Defendant owes Plaintiff two thousand seven hundred forty-
one dollars and twenty-nine cents ($2,741.29) for material provided
under the oral contract from June 01, 2000 through December 31,
2000.
14. Defendant owes Plaintiff twenty-three thousand one hundred
fifty dollars and fifty cents ($23,150.50) dollars for manpower
provided under the oral contract from June 01, 2000 through December
31, 2000.
15. Defendant paid Plaintiff twenty-six thousand nine hundred
twenty-one dollars and thirty-four cents ($26,921.34) through
December 31, 2001 and had refused to pay him any more.
WHEREFORE, Plaintiff demands judgment in the amount of seven
thousand nine hundred seventy dollars and forty-five cents
$7,970.45) dollars which represents the sum due under the contacts
Respectfully submitted,
DISSIN~ERAND DISSIN~ER
Supreme Court ID # 27737
28 North Thirty-second Street
Camp Hill, PA 17011
(717) 975-2840
VERIFICATION
I, William E. Witter, verify that the statements made in the
Complaint are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904
relating to unsworn falsification.
William E. Witter, Plaintiff
Standard Form-of Agreement Between
Owner and Construction Manager
1992 EDITION
TtlL¥ DOCUMEN?' IL.15 1311'(.qO;4.\'T l./q¢;A/. Cf&VMCQUE,~'Cg5. Ct],~'S[-3t~ITIO.V WI?TI
AI'I[)R,~'EY L~ ~WCf)UR.4GI:'LI WITII RIt;.~'P~'('T 7~ ITX C(tMI*t.I;'ITO, V OA' MODIFIC)ITIOA~
AGREEMENT
'BETWEEN the Owner:
in the yenr
and the Construction Man'ager-
Thc Archttects'
, '
Thc Owner and Cor',2.;truction Manager agree as sci f,,)rth r)clow.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN
OWNER AND CONSTRUCTION MANAGER
ARTICLE 1
CONSTRUCTION MANAGER'S
RESPONSIBILITIES
1.1 CONSTRUCTION MANAGER'S SERVICES
!1.3 'l'h(~ C¢)~Jt~.truct (m
:A~ICLE 2
SCOPE OF CONSTRU~ION MANAGER'S
BASIC .SERVICES
2.1 OEF~N1TION
2.2 PRE~ONSTRU~ION ~HASE
2.2.1 Thc ' '
2,2.17 Thc Con.~[rucdo,~ M:Jt,.=g~.-~ sh:~ll ,~bbmi[ d~e li.~ of
2.3 CONSTRU~ION ~ASE--ADMIN STRAT ON
OF THE CONSTRU~ION CONTRA~
2,3.2 'Thc Conslruc::i( n ~.] :JF. cr .'~h;ll prt)vidc ~dmini~cra-
ntL-m prc~cdttrcs R~r th~ rc~-~w 3~d pr~-~in~ of =~ic~-
2.3.11:4 Th'c i~-su;tn,-¢ ~f a Ccrdfic3lc ~lr }~i,vr~icn .shall not
' '2~.15 '.~ifl~ ~Sp~ Co each C:~mt~c'~:~ o~'~.,rL. ~hc Con-
ARTICLE._3
^00'T,ONA, S "V,C S
3.1 GENERAL
3.~,~
3.2 ~INGENT ADDITIONAL SE~CES .
3.3 OPTIONAL ADDITIONAL SERVICES
3,3.4 · ~ . · . . - . .
3.3.5 t ',~ rJ;~^ · ' ·
3.3.6 ]'.,~ dm,:4: - · -. , .-.
A_._RTICL E 4
OWNER'S RESPONSIBILITIES
4,1 ?h,. c~=c¢-~- ~,l~;dt l~r¢~vdc ~'ui~ ~rff'or~ ;~(~'m
5,1
CONSTRUCTION COST
DEFINITION
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
ARTICL_E6
CONSTRUCTION SUPPORT ACTIVITIES
'ARTICLE 7
OWNERSHIP .AND USE OF
ARCHITECT's DRAWINGS SPECIFICATIONS
AND OTHER DOCUMENTs
~crv~ce. dtrou:e.h which Ibc .'~%~k [t/'bc'.c~ccu~ed hv ~hc ' : ' cnoet~d I~v thc arbhrat,]r or erb~rato~ sl~lll
_A_RTIOLE 8
ARBITRATION
TERMINATION, SUSPENSION
OR ABANDONMENT '
9.2 ' -; .. . . .
9.3 ' '
A__ TJ__C_L _LO
MISCELLANEOUS PROVISIONS
f/n'.il Pr( ,ic'¢r
.A R~TI C~LE 11
INSURANCE
CONSTRUCTION MANAGER'S LIABILITy
INSURANCE
~r,> mdud,ng h>~ o' u.,(~ rcsuhmg
-A~FF[LCL E 12
PAYMENTS TO THE CONSTRUCTION MANAGER
72.1 DIRECT PERSONNEL EXPENSE
12.2 REIMBURSABLE EXPENSES
12.2.1 J{ ' .
12.2.1.1 t';×pcu~e '~ -
P '~ icc~
12.3 PAYMENTS 0N AccoUNT OF BASIC SERVICES
12.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES AND REIMBURSABLE EXPENSEs
12.5 PAYMENTS WITHHELD
12,3,2. ,. ;.. .. ~ . .. . . 12.6 CONSTRUCTIONMANA ER'S
:~ut wz(l~ ~[ p ..,. ny, ~[.~ tur [t.~. 5~ rvmc> shaj~ ~. m:~dc ACCOUNTING RECORDS
BASIS OF COMPENSATION
13.2 BASIC COMPEN~TION
13.3 COMPENSATION FOR ADDITIONAl. SERVICES -,: ' -- . '
~.// ~:,~'~<~ ~Ls: ~'~'-.'~-;';,,t :,q ~',~-:~ ;-.o.;,~..~,¢~ ;;:~.I.~,~ "
- ;-.~..... ~ c~.~,~¢~¢~. ~ ~. .. . .
~ -~'~ ~.~5~ ~ - ' ·
,~.~ ~ ~ , .. , ~, .- .~.,.., .
-- ~~ ~ ~,~,~/ ~ " 7 ' "'
]~,4 B[IMSURSABLE EXP[NS~S / '
13.5 ADDITIONAL PROVISIONS
A__RTICLE 14
OTHER CONDIT1ONS-~ SERVICES
14.1 Limits on Insurance
L'-~'i~' ?, ~.
!:.~ :CAUTION:t~ You ShoU!dlhat sign an origma} AIA documen¢
.. ... .,.. · · _ -. . . . . ~ ~-_~ ,~r Heproduct~on Of tbs ~,-~,,--~. - - reproduced.
E. WITTER,
Plaintiff
vs.
ORLANDO MALDANAD0,
and PATSY MALDANAD0,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 01-4751
Acceptance of Service
I accept service of the Complaint on behalf of Orlando
Maldanado and Patsy Maldanado
do so.//~ and ce~.fy that i am authorized
Date: ~-~_~ ~/
/~ne
/ ~48 Sout~Bal~imore
illsburg, PA 17019
DISSINGER & DISSINGER
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW-
WILLIAM E. WITTER,
PLAINTIFF
Vs.
ORLANDO MALDONADO, wrongly
referred to as ORLANDO MALDANADO,
and PATSY MALDONADO, wrongly
referred to as PATSY MALDANADO,
husband and wife,
DEFENDANTS
No. 01-4751
JURY TRIAL DEMANDED
DEFENDANTS PRELIMINARY OBJECTIONS
AND NOW, this the 16th day of October, 2001, comes the Defendants, Orlando
Maldonado and Patsy Maldonado, by and through their attorney, Kurt A. Blake, Esquire,
and aver as follows:
Plaintiff filed with the Office of Prothonotary his complaint on or about
September 25,2001.
Acceptance of service of the complaint was executed by Jane Alexander,
Esquire on Defendant's behalf on or about October 3, 2001.
3. Defendant now timely files their preliminary objection.
Page 1 of 4
Insufficient Specificity of Pleadin~
Plaintiff alleges vaguely in Paragraph 12 of his complaint that Defendants
owes him $9,000.00 for services performed under the written contract from
June 1,2000 through December 31, 2000.
Plaintiff vaguely alleges in Paragraph 13 of his complaint that Defendants
owe him $2,741.29, for materials under an oral contract from June 01,
2000 through December 31, 2000.
Plaintiff alleges vaguely in Paragraph 14 that Plaintiff owes Defendant
$23,150.00 for manpower provided under the oral lease from June 1, 2000
through December 31, 2000.
Plaintiffhas failed to provide any support or background as the basis for
the $9,000.00 amounts for alleged services performed, by providing no
documentation, detailing, or type of services provided,
KURTA. BLAKE
Plaintiff has failed to provide any accounting, detailing or information to
inform Defendant of the make-up or matters contained within the
$2,741.29 for materials.
Page 2 of 4
Plaintiff has failed to provide any accounting, detailing or information to
inform defendant of when, where, who and what was performed.
10.
Plaintiff's complaint fails to provide Defendants with specificity as to the
allegations and amounts contained in Paragraphs 12 - 14, by vaguely
summarizing Plaintiff's position as to the amounts due and owing.
WHEREFORE, Defendant requests that this Honorable Court sustain Defendants'
Preliminary Objections and require the Plaintiff to file a more specific complaint.
Dated:
Respe~bmitted,
By:/K~u~ A. Blake, Esquire
I.D. No. 68791
40 East Princess Street
York, Pennsylvania 17403
(717) 848~3078
Page 3 of 4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW-
WILLIAM E. WITTER,
PLAINTIFF
Vs.
ORLANDO MALDONADO, wrongly
referred to as ORLANDO MALDANADO,
and PATSY MALDONADO, wrongly
referred to as PATSY MALDANADO,
husband and wife,
DEFENDANTS
No. 01-4751
JURY TRIAL DEMANDED
Certificate of Service
I, the undersigned, do hereby certify that a true and correct copy of the foregoing
was served upon the undersigned person, by United States Mails, Postage Pre-paid and
addressed as follows:
William C. Dissinger, Esquire
28 North 32"d Street
Camp Hill, PA 17011
Date: October 16, 2001
By: ~lake, Esquire
I.D. No. 68791
40 East Princess Street
York, Pennsylvania 17403
(717) 848-3078
KURTA. BLAKE
Page 4 of 4
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(~ust be typewritten and submitted in dup//cate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please l i st the within matter for the next A-~t Court.
CAPTION OF CASE
(entire caption must be stated in f~,l!)
William E. Witter
( P] ~intiff)
Orlando Maldonado, wrongly referred to as
Orlando Maldanado and
Patsy Maldonado, wrongly referred to as
Patsy Maldanado, husband and wife
( Defendant )
No. Ci~J_l 4751 X~ 2001
State matter to be ar~3ued (i.e., plaintiff's motion for new trial, defendant's
demm~-rer to cc~]a~nt, etc. ):
Preliminary Objections of Defendants
2. Identify counsel who wi ] ] argue case:
(a) for plaintiff:
~ess:
'William Dissinger, Esquire
28 North 32nd Street
Camp Hill, PA 17011
(b) for defe_~nt: Kurt A. Blake, Esquire
~ess: 40 East Princess Street
York, PA 17403
3. I ~]l notJ~ all l~rties in writing within two days that th_is Case has
been ]~-~ted for ar~t.
4. Ar~t Court Date:
WILLIAM E. WITTER
ORLANDO MALDONADO,
wrongly referred to as
ORLANDO MALDANADO,
and PATSY MALDONADO,
wrongly referred to as
PATSY MALDANADO,
Husband and wife
IN RE:
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
· NO. 01-4751 CIVIL
DEFENDANTS' PRELIMINARY OBJECTION~
Before HOFFER, P.J. and OLER, J
ORDER OF COURT
AND NOW, February 15, 2002, after careful consideration of the briefs of
counsel, the Preliminary Objections of the defendants are refused and dismissed.
,/VVilliam C. Dissinger, Esquire
28 North 32nd Street
Camp Hill, PA 17011
For the Plaintiff
/Kurt A. Blake, Esquire
40 East Princess Street
York, PA 17043
For the Defendants
BLasam & GROSS, L.L.C.
ATTORNEYS AND
COUNSELLORS AT LAW
29 EaST PHILADELPHIa STREET
Yoeg, PA 17401
71Z848.3078
F~X 71Z848.2777
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
William E. Witter
Plaintiff
VS.
Orlando Maldonado and Patsy
Maldonado :
Defendants :
NOTICE
TO:
William C. Dissinger, Esquire
Attorney for Plaintiff
28 North Thirty-Second Street
Camp Hill, PA 17011
No. 01-4751
CIVIL ACTION - LAW
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS
FROM THE SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST
YOU.
Date: ~[,J ~'_ ,2002 BY:
Respect fu~.l/ubmitt ed:
BLAK~/~O$S, LLC
~ake, Esquire
ID No. 68791
29 East Philadelphia Street
York, PA 17401
(717) 848-3078
Attorney for Defendants
B~ & G~oss, L.L.C
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
William E. Witter
VS.
Plaintiff
Orlando Maldonado and
Patsy Maldonado
Defendants
No. 01-4751
DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT
AND NOW, this the I~' day of March, 2002, comes the Defendants,
Orlando Maldonado and Patsy Maldonado, by and through their attorney, Kurt
A. Blake, Esquire, of Blake & Gross, LLC, and in support of this Answer, aver as
follows:
1. Admitted.
Admitted and Denied. It is admitted that the Defendants are
Orlando Maldonado and Patsy Maldonado. It is denied, however
that the spelling of the last name is Maldanado, but rather
Malodonado.
Admitted.
Admitted.
Denied. It is denied that from June 1, 2000 until December 31, 2000,
Plaintiff performed work under the contract.
Denied. It is denied that in June of 2000, Plaintiff and Defendants
also entered into an oral contract where Plaintiff agreed to provide
materials and manpower for building the new house.
Admitted and Denied. It is admitted
Denied. It is denied that in October of 2000, Defendant offered to
pay $25.00 per hour for manpower for the month of November, if
Plaintiff devoted "all the manpower" he could to the project.
BL4~ ~ GROSS, L.L.C.
29 EAST PH1L~DFLPH1A STILE5
YOR~, PA 17401
717.848.3078
F~.X 717.848.2777
Denied. It is denied that Plaintiff accepted Defendant's offer and
billed his manpower for November at $25.00 per hour.
10. Admitted.
11. Admitted.
12.
Denied. It is denied that Defendants owe Plaintiff $9,000.00 for
services performed under the written contract from June 1, 2002
through December 31, 2000.
13.
Denied. It is denied that Defendants owe Plaintiff $2,741.29 for
material provided under the oral contract from June 1, 2000 through
December 31, 2000.
14.
Denied. It is denied that Defendants owe Plaintiff $23,150.00 for
manpower provided trader the oral contract from June 1, 2000
through Decemeber 31, 2000.
15. Admitted.
WHEREFORE, Defendants, Orlando and Patsy Maldonado, respectfully
request this Honorable Court to dismiss the complaint as filed against them by
Plaintiff.
NE W MATTER
16.
The averments of Paragraphs I through 15 hereinabove are
incorporated herein.
17.
The Plaintiff has failed to set forth a claim upon which they can
prevail.
18. Plaintiff failed to perform in a good and workmanlike manner.
19.
Plaintiff has requested payment for hours not worked, for amounts
not agreed upon, and for materials never utilized.
20.
Plaintiff failed to promptly start the project and caused a delay of
four (4) months which caused Defendants enhanced interest
charges.
B~. ~ G*os$,
~TTORNEY$ AND
21.
Plaintiff failed to perform pursuant to contract specifications and or
manufacturer suggested specifications.
22.
Plaintiff failed to perform the requisite hours on the job site, and
many times left such unattended for significant periods of time.
23.
As a result of Plaintiffs failure to perform and failure to perform
properly Plaintiff was fired.
WHEREFORE, Defendants, Orlando and Patsy Maldonado, respectfully
request this Honorable Court to dismiss the complaint as filed against them by
Plaintiff.
COUNTERCLAIM
County One - Breach of Contract
24.
The averments of Paragraphs 1 through 23 hereinabove are
incorporated herein.
25.
As a result of Plaintiff's failure to follow the contract specifications
and/or manufacturer's specifications Defendant has been required
to incur repairs to areas Plaintiff worked upon.
26.
Defendant has been provided with an estimate of $8,000.00 to repair
the errors and omissions of Plaintiff.
WHEREFORE, Defendant requests judgment in the amount of $8,000.00 plus
court costs, interests and attorneys fees.
COUNT TWO - Unfair Business Trade Practice Act
27.
The averments of Paragraphs 1 through 26 hereinabove are incorporated
herein.
28.
During the course of this contract, Plaintiff has repeatedly billed for
hours not worked, materials not utilized and services not provided.
29.
Pursuant to the Unfair Business Trade Practices Act, Defendant is entitled
to attorneys fees, interest, and treble damages.
WHEREFORE, Defendant requests judgment in the amount of $8,000.00 plus
court costs, interests and attorneys fees.
BL4KE & Gnoss, L.L.C.
ATTORNEYS AND
COUNSELLORS AT LAW
29 EAST PHILADELPHIA STPWE~
YORK, PA 17401
71Z848.3078
Fax 71Z848.2777
Respectfully Submitted:
K~~ ~ [~, Esquire
I~t~AKE & GROSS, LLC
I.D. No. 68791
29 East Philadelphia Street
York, Pennsylvania 17403
(717) 848-3078
Kurtblakeesq@earthlink.net
B~ & Geoss, L.L.C.
~TTORN£YS AND
COUNSELLORS AT LAW
29 East PHILADELPHIA STREE7
Yom6, PA 17401
71Z848.3078
F~dq 7lZ848.2777
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
William E. Witter :
Plaintiff :
VS.
Orlando Maldonado and Patsy
Maldonado
Defendants
No. 014751
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Dawn L. Kohler, Legal Assistant, do hereby certify that I served a true and correct copy
of the foregoing Answer with New Matter and Counter Claim in the above captioned matter
upon the individuals listed below as follows:
William C. Dissinger, Esquire
28 North Thirty-Second Street
Camp Hill, PA 17011
Attorney for Plaintiff
Date:
BLAKE & GROSS, LLC
29 East Philadelphia Street
York, PA 17401
WILLIAM E. WITTER,
Plaintiff
vs.
ORLANDO MALDONAD0,
and PATSY MALDONAD0,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 01-4751
PLAINTIFF'S ANSWER TO NEW MATTER AND
ANSWER TO COUNTERCLAIM
16. NO response required.
17. Denied. Plaintiff has set forth a legally recognizable
claim upon which he can prevail.
18. Denied. Plaintiff performed the contract in a good and
workmanlike manner.
19. Denied. Plaintiff has requested payment only for hours
worked, amounts agreed upon and material used.
20. Denied. Plaintiff performed the contract in a timely
manner.
21. Denied. Plaintiff performed the contract pursuant to the
contract.
22. Denied. Plaintiff performed the contract pursuant to the
contract including the necessary hours on the job site.
23. Denied. Plaintiff performed the contract properly.
24. No response required.
25. Denied. Plaintiff followed the contract.
26. Plaintiff is without knowledge or information sufficient to
form a belief as to the averment. The same is therefore denied and
proof thereof demanded at trial.
27. No response required.
28. Denied. Plaintiff billed only for hours worked, material
used and services provided.
29. Denied. No claim under the Unfair Business Trade Practices
Act exists
WHEREFORE, Plaintiff requests that Defendants' New Matter and
Counterclaim be dismissed.
Respectfully submitted,
DISSINGER AND DISSINGER
William C. Dissinger, Esquire
Attorney for Plaintiff
Supreme Court ID # 27737
28 North Thirty-second Street
Camp Hill, PA 17011
(717) 975-2840
VERIFICATION
I, William E. Witter, verify that the statements made in the
Complaint are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904
relating to unsworn falsification.
William E. Witter, Plaintiff
~ILLIAM E. WITTER,
Plaintiff
vs.
ORLANDO MALDONAD0,
and PATSY MALDONAD0,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 01-4751
CERTIFICATE OF SERVICE
I, William C. Dissinger, do hereby certify that I served a true
and correct copy of the attached "Plaintiff's Response to New MatteI
and Answer to Counterclaim" upon the person indicated on the date
stated by depositing the same first class postage prepaid with the
United States Mail addressed as follows:
Kurt A. Blake, Esquire
Blake & Gross, L.L.C.
29 East Philadelphia Street
York, PA 17403
Date:
William C. Dissin~
BL,O~ ~ GROSS, L.L C.
~TTORNEYS AND
COUNSELLORS AT LAW
29 EnST PHILADELPHIA STREET
YORK,, PA 17401
717.848.3078
F/o: 717. 848.2777
IN THE COURT OF COMMON PLEAS OFP_~t~ . COUNTY, PENNSYLVANIA
WlLLIAM E. WITTER
: Civil Action -- LAW
Plaintiff :
.
vs. : No. 01-4751
ORLANDO MALDONADO AND
PATSY MALDONADO
Defendant
JURY TRIAL DEMANDED
To:
William E. Witter
CIO William C. Dissinger, Esquire
28 North Thirty-Second Street
Camp Hill, PA 17011
Attorney for Plaintiff
May 29, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE IMPORTANT RIGHTS. YOU SHOULD
TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
YORK COUNTY BAR ASSOCIATION
137 EAST MARKET SIt~.EET
YORK, PENNSYLVAi'~ 17401 (717) 8547/~
By:/KudA' Blake, Esquire
I.D./No. 68791
Attorney for Defendant
29 East Philadelphia Street
York, PA 17401
(717)-848-3078
Bt,u~ & G~oss, L.L C.
COUNSELLORS aT LAW
29 EAST PHILADELPHIA STREET
Yolk, PA 17401
717.848.3078
F. qx 717.848.2777
IN THE COURT OF COMMON PLEAS OFCgJ0h COUNTY, PENNSYLVANIA
WILLIAM E. WITTER
: Civil Action -- LAW
Plaintiff :
:
vs. : No.01-4751
:
ORLANDO MALDONADO AND
PATSY MALDONADO
Defendant
JURY TRIAL DEMANDED
To:
William E. Witter
CIO William C. Dissinger, Esquire
28 North Thirty-Second Street
Camp Hill, PA 17011
Attorney For Plaintiff
Date: May 29, 2002
AVISO IMPORTANTE
Usted esta en rebeldia porque ha fallado en tomar la accion exiga de su parte en este caso.
A menos de que usted aetue dentro de diaz de la fecha de este aviso, se puede registra~ una
senten¢ia contra usted, sin el beneficio de una audencia y puede perder su propiedad o derechos
importante. Usted debe llevar este aviso a un abogado ensequida. Si usted no tiene un abogado y
no puede pagar pot los servicios de an abogado, debe comunicarse con la siguiente oficina para
averiguar donde puede obtener ayuda legal:
LAWYER REFERRAL SERVICE
YORK COUNTY BAR ASSOCIATION
137 EAST MARKET STRUT
YORK, Pff71N~)S85Y~.~75A1~.~40,
By: ~K ~rt 3}. Blake, Esquire
13). No. 68791
A Iomey for Defendant
BLAKE e~' GROSS, L.L.C.
ATTORNEYS AND
COUNSELLORS AT LAW
29 EAST PHILADELPHIA STREE~
YOR~, PA 17401
71Z848.3078
F~X 717.848.2777
40 East Princess Street
York, PA 17403
(717)-848-3078
IN THE COURT OF COMMON PLEAS OFO.)~'~ = COUNTY, PENNSYLVANIA
WILLIAM E. WITTER
Plaimiffs
VS.
ORLANDO MALDONADO AND
PASTY MALDONADO
Defendant
Civil Action -- LAW
No.01-4751
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, the undersigned, do hereby certify that I have caused a tree and correct copy of the
foregoing to be served upon the Defendant, by placing such in the United States Mail, at York,
Penn~lvania, postage prepaid, and addressed as follows:
William E. Witter
CIO William C. Dissinger, Esquire
28 North Thirty-Second Street
Camp Hill, PA 17011
Attorney for Plaintiff
I.D./
Blake, Esquire
~o. 68791
Counsel for Defendant
29 E. Philadelphia Street
York, PA 17401
(717) 848-3078