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HomeMy WebLinkAbout09-4771IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Timothy Augsburger Hammerhead Construction 1288 Boiling Springs Road Boiling Springs, Pa. 17007 Plaintiff(s) V. Elizabeth and Mike Lanza 17 Country Club Place East Camp Hill, Pa. 17011 Defendants NOTICE Case No. 05? ° 1/77/ 6ay CIVIL ACTION - LAW Breach of Contract 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 aganst 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, 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 LAWYERS REFERRAL SERVICE C/O CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA. 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Timothy Augsburger Hammerhead Construction 1288 Boiling Springs Road Boiling Springs, Pa. 17007 Plaintiff(s) V. Case No. CIVIL ACTION - LAW Elizabeth and Mike Lanza Breach of Contract 17 Country Club Place East Camp Hill, Pa. 17011 Defendants NOTICE TO PLEAD To: Elizabeth and Mike Lanza: You are hereby notified to file a written response to the enclosed Complaint (Breach of Contract) within twenty (20) days from service hereof or a judgment may be entered against you. o" DATE Timoth Augsb • , laintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Timothy Augsburger Hammerhead Construction 1288 Boiling Springs Road Boiling Springs, Pa. 17007 Plaintiff(s) V. Case No. 01- y 771 (mot cn.( CIVIL ACTION - LAW Elizabeth and Mike Lanza Breach of Contract 17 Country Club Place East Camp Hill, Pa. 17011 Defendants c? NOW COMES, Plaintiff Timothy Augsburger, acting as his own counsel and files his Breach of Contract Complaint against the Defendants and states as follows: 1. Plaintiff, Timothy Augsburger is an adult individual, residing at 1288 Boiling Springs Road, Boiling Springs, Pa. 17007 in Cumberland County Pennsylvania. 2. Defendant(s) Elizabeth and Mike Lanza, adult individuals, residing at 17 Country Club Place East, Camp Hill, 17011. 3. Defendants accepted Plaintiff's proposal (Plaintiff's Seven Page Exhibit P-1) on/or about December 15, 2009 which show the entire contract entered into by the Defendant with the Plaintiff. 4. Defendants accepted and has in their possession the allowance sheets which accompanied Plaintiff's Exhibit P-1 outlining an itemized cost of material. (See Plaintiffs Exhibit P-2) 5. On or about December 19, 2008, Plaintiff and Defendants entered into a signed (executed) Contract ($89, 000) for the Plaintiff to build an addition and other minor remodeling to their existing house located at 17 Country Club Place East, Camp Hill, Pa. 17011. (See Attached Plaintiff's Exhibit P-1, also marked as Commerce Bank Exhibit "A"). 6. Defendants on/or about March 3, 2008, asked Commerce Bank to released the first draw of $13,350 directly into Plaintiff's bank account as shown by Commerce Bank's Exhibit "A" after a Commerce Bank inspection of Draw Number One (1). 7. Defendants caused to be released directly into Plaintiff s account for completing Draw Number Two (2), Draw Number Three 3), Draw Number Four (4) and after a Commerce Bank inspection, Commerce Bank released the sums of $17,800, $22,250 and $22,250. 8. Defendants are very aware that the workmanship was inspected by Commerce Bank (Metro Bank) as well as Inspector, Dave Morris, Commonwealth Code Inspection Service Incorporated. 9. Defendant informed Plaintiff that Defendants had a punch list with minor touch ups and that payments would commenced after the completion of the (punch) list and after hanging one light, installing two hand made cherry kitchen doors and failed to honor the contract by locking out the Plaintiff thus denying him the chance to complete roughly $350.00 worth of labor by hanging the two custom made cherry doors and one light and neo angle shower door, total estimated time 4 hours. 10. Defendant Breach the Contract by failing to allow the Plaintiff the opportunity to complete the final 4 hours of labor and refused numerous request and blocked the final draw of $13,350.00 11. Defendants denied Plaintiff admittance to the work area on/or about June 8th, 2009 thereafter after Plaintiff remade new cherry doors in order to satisfy Defendants. 12. Defendant denied numerous attempts made by Plaintiff to be allowed entrance into the above said home and defendants denied Plaintiff s requests. 13. Defendant denied Plaintiff s numerous attempts to come and correct any imperfection that the Defendants would like to be corrected. 14. Defendants have intentionally ignored the final inspection of approval notice of both the inspector from Commerce Bank (Metro Bank) as well as the inspector from Commonwealth Code Inspection Service. 15. Defendants never complained and never objected to any of the workmanship, material and/or extra cost of the Plaintiff prior to and or before June 8th° 2009. 16. Defendants complained on/or about May 16, 2009 that Plaintiff was behind schedule but after Plaintiff reminded Defendant that he had been contracted to do additional work and the maturity date established by Commerce Bank was September 3, 2009. 17. Defendants are aware that the final bank draw on the pre-existing contract as evidenced in Commerce Bank's Exhibit "A" shows a balance of $13,350 plus another additional work, including, extra carpentry including, not listed in the original executed agreement amounted to $13,350.00 which included time and material amounted to $13,480.00 for a total final cost of $26, 830.00. (See Plaintiffs Exhibit Bill-1, Bill -2, Bill-3, Bill 4 and Bill 5). 18. Defendants on June 6, 2009, breached the contract by intentionally, deliberately and willfully denied Plaintiff his right to complete his contractual relationship with Defendants by locking out Plaintiff on June 8th, 2009 for referring to her as "Dear" and "Main" in a heated conversation, Plaintiff stated, "Listen Dear, We do not have to let this get ugly," after informing Plaintiff, "That (Defendants) were not going to release the $13,350 being held in the last draw," and Plaintiff stated, I will be there on June 8th , 2009 to finish the job, Main." WHEREFORE, Plaintiff requests this honorable Court that judgment be entered against the Defendants and in favor of the Plaintiff for $26, 830.00. ?1 7 DATE Timot ugsb al tiff C??NITIDaCTQS NI'Llt-, oi ee-ti ewl 64, 4.7 t 5? i3o 3/ ),fl PA clo-1 91 WORK PERFORMED ar: 30'L P A j` r 2cr` ro f .. i a 4Y i ) , i- ...r-+ .^ / 1! 1 e- a' 1 41 1 !" ?"'' _0 ' _ _0 -?Cr .Z.11C?.S?.La11?1C t _ #.4 _f?n _EX_ '?v . I IS, - 1 fir tr?t1 r'_ca7i_ 3 t c ?,. _. MA /24 I-A, x4- or d6i +e>- LvAdry. rav?to, e- 25 7 Z; le?7 4;V1 estifin -Irv -m-". ;-- _-_- . n _ f - Fig ..._??,?_ Y? All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of Dollars ($ _____.._________._.___._..__ ?. This is a 71 Partial G Full invoice due and payable by: Month Day Year in accordance with our U Agreement Cwl Proposal No. Dated Month Nc38? CONTRACTORS INVOICE NTR..CTORS VOICE Gl?'J /'1'1 .i'' L .5 : Cyr L . C .. a ?/ -rim 1-? Ot"i li f1A WORK PERFORMED AT. 43 c10;9 `' (135 t . ° 174a DATE YOUR WORK ORDER NO, (OUR OiD NC?. ,. $. 1P e 4alclihi7n cod "i, deph? -I A'5' i5 fiG cA p. x .._.I?/sCtr" '5Aee' i i ??. .-[ifG? h.^Ca±w.t._ .:?!.1_1E?tl_.. ;L e l.. _ .. _._ C("_....t .t.tlG+cs,1 __G'._„ ?r?'?Y_ .d.? l "w _ I..ai. + 4 ceik ~._t_- - ex ?e 10 f' 1 I gem u All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of Dollars {$ This is a 0 Partial Full invoice due and payable by: Month Day Year in accordance with our Agreement C Proposal No, Dated M onth _ ___ Year ?^ Day f3C3822 CONTRACTORS INVOICE 0 1 'w'i?lmex. Aeakm r C40 , / / ),11 l tlti S & G'l /ALA? f 1,;1 a Sv r P _ CONTRACTORS INVOICE EltL+ 1 2 V Oo?- e7 WORK PERFORMED AT: DATE YOUR WORK ORDER NO. OUR BID NO. DESCRIPTION OF WORK PERFORMED -Arl 4 AR, lode- -- ?t b? n??- , _Q SCI marcttai tz, yuarariteeu io oe as speciriec, and the above work was performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of _ This is a ? Partial ? Full invoice due and payable by: in accordance with our NC3822 Dollars ($ Month Day Year ? Agreement ? Proposal No. Dated _ Month Day Year CONTRACTORS INVOICE 4 / 41nm e;? CONTRACTORS INVOICE 47 WORK PERFORMED AT [SATE YOUR WORK ORDER NO. OUR BID NO. DESCRIPTION OF WORK PERFORMED - ----------- -------- -- --------- ---------------- ------- ------------- - ------ ---------- ----- - - ---- AXI 00, -old I f ? J 24-40 ?•? •? ,. !J-011 UV Lu ue ms specareeo, ana ine above work was performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of Dollars ($ This is a ? Partial ? Full invoice due and payable by: Month Day Year in accordance with our ? Agreement ? Proposal No. ^ Dated _ Month Day Year NC3822 CONTRACTORS INVOICE TRACT WORK PERFORMED AT: DATE k YOUR WORK ORDER NO. OUR SID NO. - DESCRIPTION OF WORK PERFORMED lot- of I I-- L _?-•-,- ? ?' V` ? ? t 1 ' 1 r l ee ? ? . r _ ___ _.-- _ _. b e. C4>ln ..? t ?+^•• y,/ -r x ;z L Ann ..?....__? ? _ /1.?-?' ?-- t?'?.+?"'_?xa? ??c i ? ? /??' y t? c'?'°" ?!l e? ?'Y ? k "vim. _ All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of This is a ? Partial Cl Full invoice due and payable by: Dollars ($ Month Day Year in accordance with our ? Agreement ? Proposal No. Dated Month Day Year NC3822 CONTRACTORS INVOICE ORS INVOICE 7 S? t; 4 CON ACTORS INVOICE 440" &4e4d 6rf,4, ce C-xb I g&-o? -7 -f7m sue" to kj r7 .? r J L?(??-?/?r WORK PERFORMED AT: r I '4j /f 3aj l 1A9 mss, CIV /,;bo DATE lc? YOUR WORK ORDER NO. OUR BID NO. DESCRIPTION • WORK PERFORMED fac?11__',1 -Ae i` Ac4 A-i ^A 11.11 J eel 01 44J O rk.-W?Tfl All Materiafis guaranteed to be sa specified, and the above work was performed-hr-d"ccordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of _. _ Dollars ($ This is a El Partial D Full invoice due and payable by: _ Month Day Year in accordance with our D Agreement D Proposal No. _ Dated Month Day Year NC3822 CONTRACTORS INVOICE /? /" CO RACTORS x bid- `7 &?7 ? ? '7d"7?/ WORK PERFORMED AT JaZ?A ?i? ?PVt INVOICE DATE YOUR WORK ORDER NO. OUR BID NO. DESCRIPTION OF WORK PERFORMED , 44-0 LAJ - e_?.J_ze_ - . r1r' uap__. ten- __ - ___-__'-- Ave? _ _ ___ - __ ---1 f -gin - ----- --?. i6ul Ali Materiai is guaranteed to be as specified, and the above work was performed in acordance with the drawn and p cifications provided for the above Work and was co pleted in a substantial workmanlike manner for the agreed sum of _ Dollars ($ This is a ? Partial ? Full invoice due and payable by: Month Day Year in accordance with our ? Agreement ? Proposal No. Dated _ Month Day Year NCU22 CONTRACTORS INVOICE 1d S ?O fS ? y1 ---CONTRACTORS INVOICE > E4 S g S 9* r 7 1 i' WORK PERFORMED AT- f CI-79:Ce2i:Ja.4Vii. r ATE J YOUR WORK ORDER NO. OUFI BID NO, DESCRIPTION f WORK PERF07MED ?--- loop r?+ ` CIO -------- r`1 " r_77.1kc-10-11as --------- - ----------- -__-- w?jndb 6A lbp_ -- i, t t to t! i t au --- !1 i {) 11 !t CO U? ter, r _24Q1" L --•• U.". a 'vwu w uc " specmea, ana ine aoove work was performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of _ This is a ? Partial ? Full invoice due and payable by: Month Day Year 4. in accordance with our ? Agreement ? Proposal No. Dated Month - - pay Year NC3822 CONTRACTORS INVOICE EXHIBIT "A" SCHEDULE OF ADVANCES Borrower: Lender: Michael J. & Elizabeth M. Lanza Commerce Bank/Harrisburg, N.A. 17 Country Club Place East P. O. Box 4999 Camp Hill, PA 17011 3801 Paxton Street Harrisburg, PA 17111-0999 This Exhibit "A" Schedule of Advances is attached to and by this reference is made a part of the Construction Loan Agreement of even date herewith and is executed in connection with a Loan or other financial accommodations between Lender and Borrower. 'Borrower to approve each draw advance by signing in the space provided. The form can either be faxed or e-mailed. Fax # 717-909-0698, E-mail wendy.stevens@commercepc.com. Draw Amount Schedule of Advances Relating to Construction Costs: Borrower's Signature Draw 1 Footers, excavation and foundation 15% $13,350 Draw 2 Property under roof, felt paper, windows and doors set in lace 20% $17,800 Draw 3 Roughed in electric, plumbing and heating system operational 25% $22,250 Draw 4 Drywall or sheetrock and exterior walls complete and interior trim complete 25% $22,250 Draw 5 Project complete including landscaping and a certificate of occu anc issued 15% $13,350 Total Advances Pertaining to Construction 100% $89,000 Other Advances Payoff existing Commerce Bank mortgage $102,555 Soft Costs as permitted by Bank and Settlement Costs $4,689 Interest Reserve - as approved b Bank $8,056 Total of all Advances $204,300 This Exhibit "A" Schedule of Advances has been executed and delivered by the undersigned this day of 2008 Borro r Lender Commerce Ba Harn burg, N.A. Builder a r o `? a B ?'? RDC58G'. r-•RIG"llAL Ala' CUS7OMl ijS DE N it? PAi?Tt%?EE NT 7D T£ NAME € S ? AD R S CITY, S ZIP SOLD BY ! CASH C.Q.D. CHARGE ON ACCT. MDSE RETD?PA10OUT i { QUANTITY 4 DESCRIPTION - PRICE ; AMOUNT -- 31 ..__J......._.__._._j-._ 41 /9 /o w O! I .•?,,p t f y v -.-I ° ? 7 r ? ' f ? 8 l?i } 14, ------------ 1 12f Ot1..__C: G.. 14! t4 11.{: C: qcCEkVEG to +? adomx KEEP THIS SLIP FOR REFERI NCE fiw.t? w:,SGG, ?` 0 F1GlIvA l.. r CONTRACTORS IN"V"OICE l F??r +i?C ,5 1-1 - 17 R t'' L L L;a Cd._.- s Jve ? VICIT I Aac Coe ?., ;? ....?.i-.^ _?.L=a??-?* .?! _.a?i,t,..d'-.!.C..i.:.'ZsC_?.._.V+tL.'Yl Y Al! klatwiall +S i'[i:(sz J t 9n. 3ar'C3id'ideo- fo - 0,e lv-o%u. "j'v ri and `;?;- p d t." C'I Y L.. part" a°r_5f.?, s. e Y'Y6:1r ir'?k?? x'3?- [ nxa3?^ ?d1rJt?:h F , ?':' - our CONTRACTORS-3. INVOICE < CONTRACTORS INVOICE -7m i 8a f 7wl I( Ste' re, )r 17 . CA, 4 r _ c? 4e's_ ,q mj_ 1 y? 1 ..r ..?. ..t _..? ra .. . _ AP it; ± 3 7,1 uSdSRP c a aftC?y dP1?a la's fa tkt f )Ija . ? ? .9 sod - , ' 1 M.`? its .., .). _a,.t ._ , ?.. is ?:. } ° •, MriC.r.iC:.' Th; Q! t - _._ .. to .?.. _ , . . .R' z"se i as ? "y1t 3ai . ,?s n. " Zw.'.od''.Xe dC+€ -ai° .« 3 7"' r yy? ,?''? Az :_ .Y CONTRACTORS I OICE k-UNTRACTORS ,NV spi, ?3;1 i,1 ,,`' c? sL ell 1-4ti zok camp .P)tIc'e, 1,7011 j ........_,? «iF •.-l _ .. ?.+e'..Lr/ ..,.. •.._._..1??!f-_?..-. ii?w^ .... _ "t .... . _ W f.,.-. ,_Y_.__ ... R.?i ? ?.. .. 1 M _..° T.. .?i.5 ;v ..k ....-? ? t3i'?4'$? ? i--,.,. ?.', ?.' ??j4 '?. :1'.C aEL: ?.-iP? ?F .._.._.__.... ._.... _ .. ... -. .........-..,,.. ,... ,. ..... ....... _._.,. ...... _. ... .. .. ... iSr4u,i? M .. § ifll? ot33 A a. ' b •,. ',-,I ? "? ; r?33«>dT?.?.? e?Ce, ?. ;??, ?_ _ ... _... _ - _ _.. - ._.... ..--_ ._... tre's's rf Y -CRS INVOICE CONTRACRA . 4-,+l S a CUSTOM DER N DEPAHTMEhT DATE NAME "IT ' i CASH C.t7.D' ;CHARGE !ON ACCT. ` MDSE HE T D sdAtp l1 r ? GtifANt4TY DESCRIPTION PRICE s AMOUNT 43 31 041 - i 120 ?ECEIVED BY ? adams _ KEEP T RC?f5f:C €?IS SLIP FOR REFE ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Timothy Augsburger Hammerhead Construction 1288 Boiling Springs Road Boiling Springs, Pa. 17007 Plaintiff(s) V. Case No. CIVIL ACTION - LAW Elizabeth and Mike Lanza Breach of Contract 17 Country Club Place East Camp Hill, Pa. 17011 Defendants VERIFICATION The undersigned does hereby verify under the subject to the penalties of 18 PA. C.S. §4904 relating to the falsification to authorities, that the Plaintiff, Timothy Augsburger herein states that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. cJ DATE Tim Augs Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Timothy Augsburger Hammerhead Construction 1288 Boiling Springs Road Boiling Springs, Pa. 17007 Plaintiff(s) V. Case No. CIVIL ACTION - LAW Elizabeth and Mike Lanza Breach of Contract 17 Country Club Place East Camp Hill, Pa. 17011 Defendants Certificate of Service Plaintiff hereby declares that he has served the above referenced Complaint upon Mr. Lee S. Cohen, Esquire at the following address by both U.S. Certified Mail Receipt number 7005-1820-0000-5957-4948 and by First Class U.S. Mail with postage prepaid to the following address, Lee S. Cohen, Esquire, 300 North 2rd. Street, 10`" Floor, Harrisburg, Pa. 17101 and to: Elizabeth and Mike Lanza, 17 Country Club Place East Camp Hill, Pa. 17011 by both U.S. Certified Mail Receipt number 7005-1820-0000- 5957-4887 and by First Class U.S. Mail with postage prepaid to Elizabeth and Mike Lanza listed address. J l ? DATE -j Timoth Augsb , Plaintiff FIT- CIF TI-ji E ! .. iv' 17 t':1 t Sheriffs Office of Cumberland County R Thomas Kline Sheri ?ttitr of ClUnbpp, Ronny R Anderson b.°? Chief Deputy ' ls t, Jody S Smith Civil Process Sergeant OF`Fli?E OF "~E s?IEsiFF Edward L Schorpp Solicitor RE , Timothy Augsburger vs. Elizabeth Lanza Case Number 2009-4771 SHERIFF'S RETURN OF SERVICE 07/31/2009 06:40 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 31, 2009 at 1840 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Elizabeth Lanza, by making known unto Mike Lanza, husband of defendant at 17 Country Club Place East Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 03, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF - Y-Y- ? eputy Sheriff TIMOTHY AUGSBURGER HAMMERHEAD CONSTRUCTION Plaintiff, V. ELIZABETH AND MIKE LANZA Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-4771 Civil CIVIL ACTION - LAW NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, A,,,' j ee S. Cohen ID No. 89278 KELLY, PARKER & COHEN LLP 300 North Second Street, 10th Floor Harrisburg, PA 17101 717-920-2220 lcohenkkyc-law.com Dated: August 19, 2009 TIMOTHY AUGSBURGER HAMMERHEAD CONSTRUCTION Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4771 Civil V. CIVIL ACTION - LAW ELIZABETH AND MIKE LANZA Defendants. ANSWER WITH NEW MATTER AND COUNTERCLAIM Defendants, Elizabeth and Mike Lanza (the "Lamas"), by and through their counsel, Kelly, Parker & Cohen LLP, respectfully file this Answer, New Matter and Counterclaim averring the following: Parties 1. Admitted based upon information and belief. 2. It is admitted that the Lanzas are adult individuals and reside at 17 Country Club Place East, Camp Hill, Pennsylvania 17011. 3. The averments set forth in Paragraph 3 of Plaintiffs Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, Exhibit P-1 to Plaintiff's Complaint is a writing which speaks for itself and therefore any averments regarding the same need not be admitted or denied. By way of further answer, it is admitted that on December 19, 2009, the Lanzas agreed to have "Hammerhead Const. Co." complete the work identified on Exhibit P-1 to Plaintiff's Complaint. In addition, the Lanzas are not aware of what Plaintiff means by the phrase "which show the entire contract entered into by the Defendants (sic) with the Plaintiff' and therefore cannot respond to the same. 4. The "Allowance Sheets" are written documents which speak for themselves and therefore any averments regarding the same need not be admitted or denied. It is denied that the "Allowance Sheets" were incorporated into or made part of Exhibit P-1 to Plaintiff s Complaint. The remaining averments set forth in Paragraph 4 of Plaintiff's Complaint are conclusions of law to which no response is required. 5. The averments set forth in Paragraph 5 of Plaintiffs Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is admitted that the Lanzas signed the agreement ("Agreement"), attached to Plaintiff's Complaint as P-1. By way of further Answer, Exhibit P-1 to Plaintiff's Complaint is a written document which speaks for itself and therefore any averments regarding the same need not be admitted or denied. 6. The Lanzas are not aware of the document Plaintiff refers to as "Commerce Bank Exhibit `A"' and therefore no response can be provided and the averments are denied. To the extent that the averments refer to a document titled "Commerce Bank Exhibit `A"', if the same is a writing, it speaks for itself and therefore any averments regarding the same need not be admitted or denied. By way of further Answer, it is admitted that Plaintiff was paid $13,350 on or about March 3, 2008. The Lanzas are not aware if Commerce Bank performed an inspection or the extent of such an inspection prior to paying the same. 7. To the extent the Lanzas can ascertain what Plaintiff is stating in Paragraph 7, it is admitted that Plaintiff received payments of $17,800, $22,250 and $22,250. The Lanzas are not aware if Commerce Bank performed an inspection or the extent of such an inspection prior to paying the same. To the extent Paragraph 7 of Plaintiff's Complaint attempts to state that Plaintiff completed its work or properly completed its work, those averments are denied. 8. Denied. It is denied that Commerce Bank and "Dave Morris", Commonwealth Code Inspection Services Incorporated inspected the "workmanship" of Plaintiff's work. 2 9. Denied. The averments set forth in Paragraph 9 of Plaintiff's Complaint are denied as stated. It is admitted that the Lanzas informed Plaintiff that it had several items which were either not completed or were improperly completed. It is admitted that the Lanzas informed Plaintiff that full payment in accordance with P-1 would be made when and if the items set forth in P-1 were properly and fully completed. Thereafter, Timothy Augsburger, Hammerhead Const Co. began to threaten Mrs. Lanza, who has a newborn child. As a result of these threats, Mrs. Lanza called the Camp Hill Borough Police and filed a report. Because of the threats, Mrs. Lanza was afraid of Mr. Augsburger and was scared to let him in the Lanzas' house or near her family. It is specifically denied that Plaintiff only has $350 worth of labor to be completed. Based on proposals received by the Lanzas, it will cost at a minimum approximately $7,000 to complete the work and fix the improper performance of Plaintiff. 10. The averments set forth in Paragraph 10 of Plaintiff s Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, Plaintiff has not been paid the remaining $13,350 in accordance with the Agreement because it has either not completed the remaining work or not remedied the work which was improperly completed. As a result, Plaintiff has breached the Agreement and is not entitled to the remaining monies. In addition, Plaintiff was not allowed to perform any additional work because of the threats made by Mr. Augsburger to Mrs. Lanza. 11. Plaintiff was not allowed to perform any additional work because of the threats made by Mr. Augsburger to Mrs. Lanza. By way of further answer, the cherry doors made by Plaintiff were to correct prior mistakes made by Plaintiff. In addition, the cherry doors were going to be attached to used cabinets which Plaintiff installed at the Lanzas' residence instead of new cabinets as set forth in the Agreement. 3 12. Plaintiff was not allowed to perform any additional work because of the threats made by Mr. Augsburger to Mrs. Lanza and because of the poor quality of work performed by Plaintiff. 13. Denied as stated. Plaintiff was not allowed to perform any additional work because of the threats made by Mr. Augsburger to Mrs. Lanza and because of the poor quality work performed by Plaintiff. 14. The averments set forth in Paragraph 14 of Plaintiffs Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, the Lanzas are unaware of what Plaintiff means by "final inspection of approval notice" and therefore the averments are denied. By way of further Answer, neither Commerce Bank nor Commonwealth Code Inspection Services determined that Plaintiff properly performed its obligations under the Agreement. In fact, Commerce Bank detailed the many problems with Plaintiff's work. 15. The averments set forth in Paragraph 15 of Plaintiffs Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, on multiple occasions the Lanzas complained to Mr. Augsburger and informed him that he needed to fix or replace the improper and unacceptable workmanship. Many of those complaints were never properly resolved. The Lanzas are unaware of what Plaintiff means by the term "extra cost" and therefore the averments are denied. However, the Lanzas never agreed to any of the additional costs that are being requested by Plaintiff. 16. It is admitted that Plaintiff was behind schedule. It is denied that the maturity date for the Lanzas' construction loan was the date upon which Plaintiff was to complete the work set 4 forth in the Agreement. The Lanzas are unaware of what "additional work" Plaintiff was contracted to perform and therefore the averments are denied. 17. It is admitted that $13,500 remains unpaid under the Agreement because Plaintiff failed to properly complete much of the work set forth in the Agreement and Mr. Augsburger threatened Mrs. Lanza. As a safety precaution, Mr. Augsburger was not permitted to return to the Lanzas' residence. By way of further answer, Plaintiff's workmanship was below the acceptable standard and therefore the Lanzas will be required to incur costs in properly completing the work provided for in the Agreement. The items set forth on Plaintiff's Exhibits "Bill 1 through Bill 5" were either paid for or not requested by the Lanzas. In fact, all of these bills were created after Plaintiff was denied access to the Lanzas' residence. 18. The averments set forth in Paragraph 18 of Plaintiffs Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature and their meaning can be deciphered, it is denied that the Lanzas breached the Agreement. In fact it was Plaintiff which breached the Agreement by failing to properly perform the work set forth in the Agreement. In addition, it was Mr. Augsburger's threatening comments and intimidation of Mrs. Lanza which caused Mr. Augsburger to no longer be permitted in the residence. The Lanzas deny Plaintiff's interpretation of the conversations referenced in Paragraph 18 of Plaintiff's Complaint. WHEREFORE, Defendants Elizabeth and Mike Lanza demand judgment in their favor and against Plaintiff, and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 19. The Lanzas incorporate by reference Paragraphs 1 through 18 of their Answer as if fully set forth herein. 20. Plaintiff held itself out as a corporation when in fact it was only a fictitious name. 21. The damages, if any, that Plaintiff claims were or may have been caused in whole or in part or were contributed to or caused by causes beyond the control of the Lanzas. 22. Plaintiffs claims are barred by the statute of frauds. 23. Plaintiffs Complaint fails to state a claim upon which relief can be granted under Pennsylvania law. 24. Plaintiffs claims are barred by accord and satisfaction. 25. Plaintiffs injuries and damages, if any, were caused by Plaintiffs own actions or failure to act. 26. The damages claimed by Plaintiff were not caused by any improper act of the Lanzas. 27. At all times material to Plaintiffs Complaint, the Lanzas acted in conformity with any duty owed to Plaintiff. 28. At no time did the Lanzas cause or contribute to any of the injuries or damages allegedly suffered by Plaintiff. 29. Any injuries and/or damages suffered by Plaintiff were caused by persons other than the Lanzas over whom the Lanzas had no control or duty to control. 30. Any act or omission by the Lanzas was not a substantial contributing factor to the injuries or damages alleged in Plaintiffs Complaint. 31. Plaintiffs claims are barred by waiver on the part of Plaintiff. 32. Plaintiffs breach of contract made void and unenforceable any requirements of the Lanzas under the Agreement. 6 33. Upon learning of the Lanzas' refusal to accept Plaintiff's substandard work, Mr. Augsburger became belligerent and threatened and scared Mrs. Lanza. 34. Mr. Augsburger's act of intimidating Mrs. Lanza, because the Lanzas would. not approve the unacceptable quality of work performed by Plaintiff, caused Mr. Augsburger to not be permitted in the Lanzas' residence for fear of the Lanzas' safety. 35. Plaintiff could have completed the work by retaining the services of another contractor. 36. The work performed by Plaintiff was substandard, unacceptable and did not meet the requirements set forth in the Agreement. 37. The work performed by Plaintiff did not meet the minimum standards required by Pennsylvania law. 38. Plaintiff failed to perform many of the tasks required by the Agreement. 39. The Agreement called for new kitchen cabinets, but instead Plaintiff installed used cabinets. 40. Plaintiff failed to properly install one (1) matching upper cabinet door on the kitchen cabinets. 41. One six (6) panel glass door on the kitchen cabinets was installed with large cuts, scratches and chunks missing. 42. Plaintiff failed to install one (1) matching lower door and one (1) lower drawer on the kitchen cabinets. 43. Plaintiff installed a panel on the front of the kitchen sink which does not match the kitchen cabinets. 7 44. Plaintiff installed a drawer front on the kitchen cabinets which had large scrapes and chunks of wood missing. 45. Plaintiff installed a base cabinet of the kitchen cabinets with large cracks and with large crack on the surrounding paneling. 46. Plaintiff failed to obtain kitchen cabinets which fit the Lanzas' kitchen and therefore had agreed to build a three (3) shelf cherry book shelf to cover the open space, but has failed to do the same. 47. Plaintiff installed the kitchen cabinets with two (2) handles missing. 48. The kitchen cabinets were installed with many imperfections and staining which did not match the rest of the kitchen cabinets. 49. Plaintiff failed to properly caulk the kitchen counter top. 50. Plaintiff failed to properly attach the splash boards in the kitchen. 51. Plaintiff failed to properly cut the granite counter top to a rounded edge, and instead it is currently sharp and a risk for cutting someone. 52. Plaintiff failed to install a pop vent under the kitchen sink. 53. Plaintiff failed to properly install the doors and trim in the laundry room of the Lanzas' residence. 54. Plaintiff failed to install a light in the dinning room. 55. Plaintiff failed to remove and reinstall drywall in bedroom 1 (hereinafter "Baby's Room") 56. Plaintiff failed to repair a hole in the wall in the Baby's Room. 57. Plaintiff failed to remove a door frame and install an archway opening in the Baby's Room. 8 58. Plaintiff failed to install a light in the Baby's Room. 59. Plaintiff failed to replace a closet door in the Baby's Room. 60. Plaintiff improperly installed a sink in the second floor bathroom, with chunks missing from the top of the sink, too close to the door, and as a result it must be moved and reinstalled. 61. Plaintiff failed to install a three-sided shower door in the master bathroom. 62. Plaintiff damaged the master bathroom bathtub and it must be replaced. 63. Plaintiff failed to completely install an arch window in the master bedroom. 64. Plaintiff failed to properly complete the plumbing in the Lanzas' residence, including failing to properly install a clean-out under the kitchen sink, install drain lines to the kitchen sink and install an access panel to the bathroom plumbing. 65. Plaintiff caused the plumbing in the Lanzas' residence to leak causing damage. 66. The Lanzas are required to retain another contractor to finish the work required to be performed by Plaintiff and to repair the damage caused by Plaintiff. 67. As a result, the Lanzas are entitled to set-off the amount required to pay another contractor to properly complete the work against any amount which may be due to Plaintiff under the Agreement. 68. Until the work is completed by the additional contractor, the Lanzas will not know the exact cost for completing the work and repairing the damage caused by Plaintiff. COUNTERCLAIM 69. The Lanzas incorporate by reference Paragraphs 1 through 68 of their Answer as if fully set forth herein. 9 70. The Lanzas entered into the Agreement with Plaintiff, wherein Plaintiff agreed to construct an addition to the Lanzas' residence and to remodel part of the then existing house. See Agreement attached hereto as App. A. 71. Plaintiff expressly and/or implicitly agreed to perform said work in a good and workmanlike manner, and in accordance with all relevant local, state and federal laws, rules, regulations and codes, as well as in accordance with all industry standards and trade practices. 72. In light of the facts alleged herein, Plaintiff did not provide a product reasonably fit for the purpose for which it was intended, nor one constructed in a good and workmanlike manner, nor a merchantable one, and thus, it breached express and/or implied warranties the Lanzas had a right to rely on. 73. The Lanzas relied on Plaintiff s express and/or implied representations that it was capable of constructing the addition and remodeling part of the existing house as set forth in the Agreement in a workmanlike manner. 74. Plaintiff failed to observe and exercise a reasonable degree of care and skill in the construction, design, installation and/or inspection of the work performed at the Lanzas' residence. COUNT I - BREACH OF CONTRACT AND IMPLIED WARRANTIES 75. The Lanzas incorporate by reference Paragraphs 1 through 74 of their Answer as if fully set forth herein. 76. Plaintiff breached the Agreement when it failed to properly construct the addition on the Lanzas' residence and failed to properly remodel the residence in accordance with the Agreement. 10 77. As set forth in Paragraphs 36 through 64, Plaintiff failed to properly perform its responsibilities under the Agreement in a workmanlike manner, failed to complete certain tasks set forth in the Agreement, and caused damage to the Lanzas' residence. 78. Plaintiff's construction of the addition and remodeling of the residence was not done in accordance with industry standards and trade practices. 79. As a result of Plaintiff's breach of the Agreement, the Lanzas are required to retain and pay another contractor to properly complete the work and repair the damage caused by Plaintiff. 80. Therefore, as a direct and proximate result of the Plaintiffs breach of the Agreement, the Lanzas have sustained damages. WHEREFORE, Defendants Elizabeth and Mike Lanza seek judgment to be entered in their favor, together with such other relief as the Court deems just and equitable, including attorney's fees. COUNT II - VIOLATION OF THE UNFAIR TRADE PRACTICES ACT 81. The Lanzas incorporate by reference Paragraphs 1 through 80 of their Answer as if fully set forth herein. 82. Plaintiff guaranteed, in writing, to provide all material as specified, and to perform the agreed upon services in a workmanlike manner. 83. Plaintiff failed to provide all material as guaranteed. 84. In addition, as set forth in Paragraph 36 through 64 above, the work performed by Plaintiff was not performed in a workmanlike manner, was substandard and inferior. 11 85. Such action constitutes an unfair and deceptive practice under the Unfair Trade Practice and Consumer Protection Law ("UTPCPL"), 73 P. S. § 201-1 et. seq. 86. The UTPCPL provides for a private right of action to be maintained by an aggrieved party. See 73 P.S. § 201-9.2 et. seq. 87. The UTPCPL at Section 201-9.2 authorizes an award of treble damages and reasonable attorney's fees. WHEREFORE, Defendants Elizabeth and Mike Lanza seek judgment to be entered in their favor, together with treble and punitive damages, costs, and such other relief as the Court deems just and equitable. COUNT III - FRAUDULENT AND INTENTIONAL MISREPRESENTATION 88. The Lanzas incorporate by reference Paragraphs 1 through 87 of their Answer as if fully set forth herein. 89. At the time the Agreement was entered into, Plaintiff was short on work. 90. Therefore, in order to obtain work, Plaintiff misrepresented that he could perform the work set forth in the Agreement in a workmanlike manner for the price set forth in the Agreement. 91. However, Plaintiff knew that he could not take the time to properly perform the work as set forth in the Agreement and in a workmanlike manner and still make a profit. 92. As a result, Plaintiff knew that he would not perform the work as stated in the Agreement but informed the Lanzas that he would in order to induce them to enter into the Agreement. 93. Plaintiff never intended to perform the work as stated in the Agreement. 12 94. The Lanzas justifiably relied upon the misrepresentation made by Plaintiff in entering into the Agreement. 95. As a result of the Lanzas' reliance on the misrepresentation made by Plaintiff, the Lamas have been damaged. WHEREFORE, Defendants Elizabeth and Mike Lanza seek judgment to be entered in their favor, together with such other relief as the Court deems just and equitable, including attorney's fees. Respectfully submitted, ee S. Cohen I.D. No. 89278 KELLY, PARKER & COHEN LLP 300 North Second Street, I e Floor Harrisburg, PA 17101 (717) 920-2220 FAX (717) 920-2370 lcohen@kpc-law.com Dated: August 19, 2009 Counsel for Defendants Elizabeth and Mike Lanza 13 VERIFICATION I, Michael Lanza, have read the foregoing ANSWER WITH NEW MATTER AND COUNTERCLAIM which has been drafted by counsel. The factual statements contained therein are true and correct to the best of my information, knowledge, and belief. Although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. 1 understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date Mi?hael Lariza VERIFICATION I, Elizabeth Lanza, have read the foregoing ANSWER WITH NEW MATTER AND COUNTERCLAIM which has been drafted by counsel. The factual statements contained therein are true and correct to the best of my information, knowledge, and belief. Although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. it , U Date Elizab Lanza CERTIFICATE OF SERVICE I, Lee S. Cohen, Esquire, a member of the law firm of Kelly, Parker & Cohen LLP, hereby certify that a true and correct copy of the foregoing ANSWER WITH NEW MATTER AND COUNTERCLAIM was served upon the individual named below at the address listed by depositing the same in the United States Mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on August 19, 2009. Timothy Augsburger Hammerhead Construction Co. 1288 Boiling Springs Road Boiling Springs, PA 17007 Lee S. Cohen APPENDIX "A" DATE' YOUR WORK ORDER NO. OUR BID NO. DESCRIPTION • •• PERFORMED f )-(C - Q2 112 a _ CAAA- '# e t . s1 t ! 1 s 1;.. } exi,5 ...L I j 't.{.t- 4"M ;`"'3 t C.i cI 1i? * ? rt i +•` F f • d...<L t?? • ? .?.?.? s...' i^_:lrrF?€`??...?....._.?r "? : ?WGr` f6?'. t?? ,-_'?. ?f? ? 1 J ?` #'+ ? ! ' -? ?? ?-?"? jF'?? t ? •'#i?,?-? , j ? LI, .}?`?j) ! ( 1 sry f?. ? ar ?.-..?_? .! sG?? ??'? - ?r?'sk r ? } f? f ? a ,?'.?} ut 4'7?^^`i--`-"-Z---~1-- ,tee All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of Dollars ($ ). This is a ? Partial O Full invoice due and payable by: Month Day Year in accordance with our Ci Agreement 0 Proposal No. Dated Month Day Year NC3822 CONTRACTORS INVOICE CONTRACTORS INVOICE '3„ WORK PERFORMED AT. ?'" ` q ; js ?,? 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Proposal No. Dated _ Month Day Year NC3822 CONTRACTORS INVOICE TO: 4A -CONTRACTORS INVOICE WORK PERFORMED AT J" DATE YOUR WORK ORDER NO OUR BID NO. DESCRIPTION OF WORK PERFORMED r .. ? jj ?• t' ? Jf? >? ` ?-` g''??Ir ? ? ? ":-', 'rte ? ? _t ?^r r- ...--?-i +r? +' . :ri r_?t'Y ..f?c,,+t # t" "],1 ?.K,?rC. w _ r * r' ?,.f iF r,., `.,??, J V 1 ? r y L _ J - •`^'.«-" f ,Flr t t C1 > ? Z '^ ? t? J 'v t g ie}.? , vet t .:? ?", ? te,7 y?f ?'' b'. r'.N' i? °??^ r,.{°] j j ;.r f ,d? C ??..Ir ; % fiT? , ? ? ? r ?? ?1 r "?fj/¢?-.1_ _ '- -'1.'r { sB ):i,. .f J r ...... x J?T r 'l All Material is guaranteed to be as specified, and the above work was performed In accordance with the drawings and specifications provided for the above work and was completed In a substantial workmanlike manner for the agreed sum of ---Dollars ($ _? __-_ _ )• This is a ? Partial ? Full invoice due and payable by: Month Day Year In accordance with our ? Agreement Cl Proposal No._ __Dated Month Day Year NC3822 CONTRACTORS INVOICE CONTMCTORS INVOICE WORK PERFORMED AT. r DATE ?. YOUR WORK ORDER NO, OUR BID NO, DESCRIPTION • WORK PERFORMED ,? fry _ Nvk) # _ j° i t I r r ? f G ter 1 , f ' jxt f "r i _ '' s" C Y G?1!d " ( e?'? ? ruts;, y --- °.'...w: ?''?- ?" ?i t "? t ? f 1-*-? ,?? ?? a t ?'}?,?ifil?'a 1".^;?N ?t? ? ?L ?,? r ??'./ r`?r?l,?f/ f,,??? l :?`'°?`-"` L? f r{,;..?P{?'" ?C: `rj L,f f..??? t'? Xl Y11f ! )ice _ r l v ?{ d Jz7 ' l c' _' _J t { I j ^i " ttrjr Lrc? °?} f r r ? '{ a f i J f X/ T ?? - rr flt aj??t v!tfY 7t % ?) '4 }^! ?`" 1_ t ,. , ?'[ l 1 i 11 } f > - <-- - - -- «•a+•+.,. :.«• 3?} ?,,? f " i.::'? .k . `fir{ j ,14-- F p o rl'1 + t' All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specitIcations provided for the above work and was completed In a substantial workmanlike manner for the agreed sum of Dollars (S This is a ? Partial ? Full invoice due and payable by: _ Month Day Year in accordance with our ? Agreement ? Proposal No. -.-Dated Month Day Year NC3822 CONTRACTORS INVOICE DATE YOUR WORK ORDER NO. OUR 510 NO. DESCRIPTION • WORK PERFORMED ulA'G`, ` , .?.. ad r'? [# [ t t /I rtll/ ?1 r d..4J 0fl Y t 41 'k A 10-1 '. _ ff- l ''"ti';?l?i'? i C L-"•J , ?. 3•. f _ .. , t ' k 1 Y .-....rro.. ?: y t I '" t { ?g .. r ?- .'1! . } ` ' i^ r t t.. , t ' N _ '°t 1 _ f tom/ P Y r ? t t !?6. e ("Jo 1 .?? "? ' ` ? ' F ? ? ? " .... . '?` (/t.? Y S i ?"t ! `_? y,f t I? '.rf ?r'' `'' t<.? i ? _.. r , ?._. v'{?^'?l'"' ':?,1?+/''? t?.r_•?q ?+" c,:?? s Te J ?'i'' ? e_L i f All Material`is guaranteed to be as specified, and the above work was performed in accordance with the drawings ana specincauons provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of --Dollars ($ This Is a 0 Partial D Full invoice due and payable by: Month Day Year in accordance with our D Agreement ? Proposal No. Dated Month Day Yearµ NC3822 CONTRACTORS INVOICE CONTRACTORS INVOICE re^ f yy WORK PERFORMED AT f 1 ??.7 ?17C^t _ 1 JW j DATE i YOUR WORK ORDER NO. OUR BID NO- DESCRIPTION OF WORK PERFORMED t - Alf -71, Le??j ii^ ?6 4r AV- Sir - k?k-, t? ! t .`l rs All Material Is guaranteed to be as specified, and the above 1/JOrk was pertormea in p graanc8 wain use uadwli, a?iu?"t a? 11 j provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of J! ' This is a ? Partial [- a Full invoice due and payable by: - - -- °- -- Month Day Year in accordance with our i] Agreement ? Proposal No, _._ Dated Month Day Year NC3822 CONTRACTORS INVOICE CtJNTRACTC3RS INVOICE f WORK PERFORMED AT- OF ?F{ ,,• , r c. ?lii TIMOTHY AUGSBURGER HAMMERHEAD CONSTRUCTION Plaintiff, V. ELIZABETH AND MIKE LANZA Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-4771 Civil CIVIL ACTION-LAW REPLY TO DEFENDANTS ANSWER, AND ANSWER TO NEW MATTER, AND COUNTERCLAIM Plaintiff, Timothy Augsburger acting as his own counsel and files his reply to the Defendants Answer and Answers to New Matter and Counterclaim averring the following: 1. Admitted. 2. Admitted based upon information and belief. 3. Agreed Defendants did accept the Plaintiffs proposal of work signed and dated 12/19108 ( See Exhibit P1 ) the phrase " which show the entire contract entered into by the Defendants with the Plaintiff " would be refering to the signed proposal, being complete and detailed in all aspects of the work to be performed by the Plaintiff, for the sum of $ 89,000.00. 4. Agreed the " Allowance Sheets" are written documents and are part of the proposal. The Allowance sheet is attatched to the complaint and is listed as Exhibit P2 as stated in Plaintiffs complaint. 5. Admitted Page 1 • 6. Denied. The averments set forth in paragraph 6 of Defendants Answer are denied as stated. The Defendants did agree, signed, and were aware of the "Commerce Bank, Exhibit 'A' Schedule of advances commenced and signed by both Plaintiff and Defendants in order to start the Bank Draws to the Plaintiff for the proposed work. This is entered in Plaintiffs complaint as Exhibit P1 / Commerce Banks Exhibit A Schedule of advances. Re-entered as Exhibit P1 A. 7. Agreed Plaintiff recieved the 1st four draws of $13,350, $17,800, $22,500, and $22,500. It is denied that the Defendants were unaware of the inspections by their Bank, thus having to sign each draw approval and were billed by Commerce Bank for the inspections for each draw. 8. Disagreed. In order to advance the work to the next level, all of the "workmanship" of the Plaintiff was inspected by both the Commerce Bank and by David Moms, Commonwealth Code Inspection Services (See Exhibit D ). 9. The averments set forth in Paragraph 9 of Defendants Answer is Denied as stated. Defendants did agree to the Plaintiff to release the final draw of $13,350 upon completion of a punch list made by the Defendants ( See attatched Exhibit E the actual punch list made and marked off as completed ). Defendants agreed to hold an additional $700 owed for minor extras till ordered material was available from being a back order item. Defendants denied payment of $13,350 to Plaintiff and locked the Plaintiff out. No proposals have been presented for any type of repairs or finishing of the Plaintiffs contracted work. 10. Agreed the Plaintiff has not been paid the remaining $13,350 in accordance with with the agreement. It is Denied that the Plaintiff breached the contract in any way. Page 2 0 The averments set forth in Paragraph 10 of Defendants Answer are Denied as stated. Plaintiff made numerous attempts to complete the work in order to finish the contract. 11. Denied. The averments set forth in the Defendants Answer Paragraph 11 are Denied as stated. No threats were made to the Defendants at any time, only what is stated in Plaintiffs Complaint Paragraph 18. Plaintiff made new cherry doors in order to satisfy the Defendants. 12. Denied. No threats were made or brought forward. 13. Denied. No threats were ever made by the Plaintiff. To the extent the averments pertaining to poor quality work performed is not factual and Denied ( See Attatched Exhibit D ). 14. Commerce/Metro Bank has given the Final Completion Inspection and Commonwealth Code Inspection Service had determined that the Plaintiff did perform its obligations under the agreement ( See Exhibit D). 15. Denied. Any complaints by the Defendants were taken care of at the time Defendants requested things to be completed. The Plaintiff did complete, and worked with the Defendants. The Defendants were aware of all extras billed to them and agreed at the time of work to have it added to the proposed work. 16. Denied. The averment set forth in the Defendants Answer Paragraph 16 is Denied as stated. The plaintiff was not behind schedule. The Defendants adding three weeks of extra work delayed the Plaintiff. Also the only schedule of completion was made by the Defendants bank as to be completed by September 3, 2009. 17. Admitted the $13,350 is unpaid to the Plaintiff. It is Denied that the averments Page 3 • set forth in the Defendants Answer Paragraph 17 that any threats were made by the Plaintiff, are Denied Plaintiffs workmanship was not below standard and Bills 2 through 5 were obviously requested by the Defendants or they would not have been performed or completed by the Plaintiff as they were completed in full and all materials pertaining to have been paid for by the Plaintiff. 18. Denied. The averments set forth in the Defendants Answer are Denied as stated. The Defendants did breach the contract when they denied the Plaintiff to complete the contract made between the Plaintiff and the Defendants ( See Exhibit P1 ). ANSWER TO NEW MATTER 19. Plaintiff, incorperate by reference Paragraphs 1 through 18 of their reply to Defendants Answer as if fully set forth herein. 20. Denied. Plaintiff did not act as a corperation. 21. Denied. All actions were or may have been caused in whole or in part or were contributed to or caused by the Defendants by locking out the Plaintiff. 22. Denied. Plaintiff did not commit fraud in any way. 23. Denied. The averments set forth in the Defendants New Matter Paragraph 23 is Denied as stated. Defendants breached the contract with the Plaintiff by denying access to complete the job. Plaintiff owes most of Final Draw of $13,350 for the Defendants materials already purchased. 24. Denied. Plaintiff was denied access to complete the contract. 25. Denied. Plaintiff was denied access to complete the contract. 26. Denied. The damages are caused to the Plaintiff by the Denfendants Page 4 • I refusing to let the Plaintiff complete his job. 27. Denied. Defendants denied access for the Plaintiff to complete the contract. 28. Denied. Defendants did cause and contributed to many injuries and damages suffered by the Plaintiff by not being able to pay for the Defendants materials. 29. Denied. All injuries and/or damages were caused by the Defendants due to the breach of the contract. 30. Denied. The act of the Defendants refusing the Plaintiff to complete his obligations has damaged the Plaintiff. 31. Denied. Plaintiffs claims are not barred by waiver due to evidence submitted. 32. Denied. The averment set forth in the Denfendants New Matter Paragraph 32 is Denied as stated. Plaintiff did not breach the contract. 33. Denied. The Plaintiff did not become belligerent in any way. 34. Denied. The averment set forth in the Defendants New Matter Paragraph 34 is denied as stated. The Plaintiff did not intimidate Mrs. Lanza and the unacceptible quality of work performed is an excuse to not permit the Plaintiff to finish his work. 35. Denied. The Defendants insisted on finding another contractor to finish the Plaintiffs work. 36. Denied. The averments set forth in Defendants New Matter Paragraph 36 are Denied as stated. Plaintiffs work was very Page 5 acceptable. All inspections would not have passed as required. 37. Denied. All work by the Plaintiff was inspected by David Moms of Commonwealth Code Inspection Services as the job progressed ( See Exhibit D ) 38. Denied. All work performed by Plaintiff was professionally completed and agreed to by the Defendants ( See Exhibit D ). 39. Agreed that the agreement did call for new kitchen cabinets at the allowance amount of $2700 (See Exhibit P2). It is Denied that the Plaintiff installed used cabinets. The installed cabinets are new solid cherry Thomasville top of the line cabinets, worth more than the agreed cabinets. The Defendants did agree to have the cabinets that are installed over cheap white cabinets. 40. Denied. The Plaintiff did install a custom cherry door that did not satisfy the Defendants, Plaintiff therefore re-made another solid cherry door and was denied to finish the work by the Defendants. 41. Denied. These allegations are false, the Defendants agreed with the cabinets completion with the punch list ( See Exhibit E ). 42. Agreed. Plaintiff did not install due to Defendants refusing the Plaintiff to finish his contract. Doors have been obtained by the Plaintiff and not yet installed- 43. Denied. The Defendants agreed to this front pannel to be suitalble. 44. Denied. Small scratches were fixed in the punch list ( See Exhibit E ). Also, these cabinets were chosen by the Defendants. 45. Denied. No cracks were apparent. The Defendants accepted these Page 6 • cabinets, also nothing was mentioned in previous punch lists. 46. Denied. The Defendants agreed to using the set of cabinets installed. 47. Agreed. The Plaintiff has the handles and was denied by the Defendants to install them. 48. Denied. The cabinets are in great shape and once again agreed upon by the Defendants. 49. Denied. The Plaintiff did properly caulk. 50. Denied. The Plaintiff did install the splash boards properly and professionally. 51. Agreed that the Plaintiff did cut the granite countertop. It is Denied that granite was to be incorperated into this proposal. Defendants bought the countertop at an Auction and the Plaintiff notified the Defendants that its not in the proposal to cut cut granite and may not cut perfectly. Therefore the Defendants decision. ( See Exhibit C ) 52. Denied. All plumbing, rough and finish work, was completed and inspected by David Morris of Commonwealth Code Inspection Services. 53. Denied. The door was installed properly and professionally by the Plaintiff. This was never on a punch list to fix. 54. Agreed due to the fact that the Defendants refused to let the Plaintiff finish. 55. Denied. The drywall was replaced and finished as to proposal. 56. Denied. All holes and repairs were completed on the punch list, made by the Defendants. 57. Agreed due to the fact that the Defendants refused to let the Plaintiff finish. 58. Denied. Plaintiff had no obligation to replace lights in all the existing house areas. 59. Denied. THe closet door to an access storage area was not applied to the Page 7 • 11 Plaintiffs proposal. 60. Denied. Plaintiff installed a new sink and cabinet exactly the same size and in the exact place the original sink was. ( Existing small bathroom has no choice ). 61. Agreed due to the fact that the Defendants refused to let the Plaintiff complete his work. Plaintiff did purchase this unit. 62. Denied. No damages are aware of by the Plaintiff and no damages are described. 63. Denied. The Arch window was purchased by the Defendants and were not charged for the extra to complete this window which does not appear in the Plaintiffs proposal. 64. Denied. All plumbings were complete and inspected by David Morris of the Commonwealth Codes Inspection Services. 65. Denied. No leaks were apparent before the Plaintiff was denied to finish the contract, by the Defendants on June 8th 2009. 66. Denied. The Defendants ar not required by anyone to hire another contractor. The Plaintiff has agreed to finish the contracted work ( See Exhibit B ). 67. Denied. As a result of the Defendants decision to breach the contract, therefore causing damages to the Plaintiff offsets the cost of a new contractor to finish the Plaintiffs work. 68. Denied. The cost of completing the work is absorbed into the Defendants damages to the Plaintiff and his credit reports are damaged due to non payments of Defendants materials costs due to non payment of the Final Draw and Extras involved. Page 8 • ANSWERS TO COUNTERCLAIM 69. Timothy Augsburger incorperate by reference Paragraphs 1 through 68 of his Reply to Defendants Answer and Answer New Matter and Counterclaim. 70. Agreed. 71. Agreed. 72. Denied. The averments set forth in Paragraph 72 of Defendants Answer are conclustions of Law to which no response is required. To the extent the averments are deemed to be factual in nature and their meaning can be deciphered. It is Deneid that the Plaintiff did not provide a product that was reasonably fit for the purpose for which it was intended. Plaintiff did construct all work professionally. Therefore, the Plaintiff did not breach express and/or imply any warranties to the Defendants. 73. Agreed. 74. Denied. The professional inspections by David Morris, Commonwealth Code Inspection Service, Camp Hill Building Inspector, and the Defendants Commerce/Metro Bank have all given their Final Inspections on the Defendants contracted job. ANSWER, COUNT I - BREACH OF CONTRACT AND IMPLIED WARRANTIES 75. Plaintiff incorperate by reference Paragraphs 1 through 74 of his Reply to Answer, Answer to New Matter, and Counterclaim as if fully set forth herein. 76. Denied. The averments set forth in Paragraph 76 of Defendants Answer are conclusion of Law to which no response is required. To the extent the averments are deemed to be factual in nature and their meaning can be deciphered, it is denied that the Plaintiff breached the contract as indicated. All the professional inspections were completed. 77. Denied. As set forth in Paragraphs 36 through 64, the Plaintiff did not fail to Page 9 perform any responsibilities under the agreement. 78. Denied. All inspections were completed. 79. Denied. The Defendants have no obligations by any one to have the work completed. They have obtained their Occupency Permit by the Township. 80. Denied. The Defendants have not had damages by means of the Plaintiffs actions. WHEREFORE, Plaintiff Timothy Augsburger seek judgement to be entered in his favor, together with such other relief as the court deems just and equitable, including attorneys fees. ANSWER COUNT II - VIOLATION OF THE UNFAIR TRADE PRACTICES ACT 81. Plaintiff incorporated by reference Paragraphs 1 through 80 of his Reply to Answer, Answer New Matter and Counterclaim, as if fully set forth herein. 82. Agreed. 83. Agreed. Plaintiff still owes 1 - $400 Neo Angle shower door and 2 - custom made cherry kitchen cabinet doors and 1 cherry drawer to the proposed work. 84. Denied. The averments set forth are false and the professional inspections will speak for themselves. 85. Denied. As described above. 86. All professional inspections were completed. 87. Denied. The averments set forth in Paragraph 87 of Defendants Answer do not apply due to the fact that the Defendants initiated the breach of contract. Page 10 r? ANSWER, COUNT III FRADULENT AND INTENTIONAL MISREPRESENTATION 88. Plaintiff incorporated by reference Paragraphs 1 through 87 of his Reply to Answer, Answer New Matter, and Countercomplaint. 89. Denied. Plaintiff had other proposals. 90. Denied. The averments set forth in Defendants Answer Paragraph 90 are denied in full. 91. Denied. These alligations are merely made up. The Plaintiff never had these intentions to intentionaly mislead or take advantage of a job/contract needed to be 92. Denied. All statements are false. 93. Denied. Plaintiff has never had a problem completing any contracts in the past and had no intentions of not completing the contracted work. 94. Denied. The averments set forth in the Defendants Answer Paragraph 94 is denied as stated. The Plaintiff did in no way or manner misrepresent the Defendants. 95. Denied. The averments set forth in the Defendants Answer Paragraph 95 are denied as stated. Defendants relied on the Plaintiff and the Plaintiff repeatedly attempted to complete the work to complete the contract for the Defendants. WHEREFORE, Plaintiff Timothy Augsburger seek judgement to be entered his favor, together with such other relief as the court deems just and equitable, including attorney fees. Respectfully submitl? Page 11 • Timothy Augsburger Acting as his own Council 1288 Boiling Springs Rd. Boiling Springs, Pa. 17007 717-448-1191 Dated September 9, 2009 Page 12 • IN THE COURT OF COMMON PLEAS OF CUMBERLAtiD COUNTY, PENNSYLVANIA Timothy Augsburger Hammerhead Construction 1288 Boiling Springs Road. Boiling Springs, Pa. 17007 Plaintiff(s) V. Case No. O q CIVIL ACTION - LAW Elizabeth and Mike Lanza Breach of Contract 17 Country Club Place East Camp Hilt, Pa. 17011 Defendants VERIFICATION The undersigned does hereby verih? under the subject to the penalties of 18 PA. C.S. §4904 relating to the falsification to authorities. that the Plaintiff, Timothv Augsburger herein states that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge. information and belief. ky- OATTian. _Aaz , e . Plaintiff' • CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE I, Timothy Augsburger hereby certify that a copy of the foregoing Repy to Answer, Anwer, New Matter, Counterclaim. was serverd this day by United States Mail, and Certified US Mail Receipt Number 7009-0080-0001-8044-23 postage paid to the following Addresses: Lee S. Cohen, Esquire 300 North 2nd Street, 10th Floor Harrisburg, Pa. 17101 Lee S. Cohen, Esquire 5425 Jonestown Rd Suite 103 Harrisburg, Pa. 17112 Dated, September 9, 2009 Plaint B Timothy Augsburger 1288 Boiling Springs Rd. Boiling Springs, Pa. 17007 Cl SCHEDULE OF EXHIBITS EXHIBITS AS FOLLOWS: P1 - Proposal of work. P2 - Allowance sheet to proposal P1A - Exhibit A Commerce Bank Schedule of Advances Bill # 1- Extras paid Bill # 2- Balance owed from Extra Bill #1 Bill # 3- Additional Extras above and beyond proposed work Bill # 4- Undetermined Rental and Interest amounts due. Bill # 5- Draws paid and Draws still Owed. B- Letter endorsing the Plaintiff as willing to finish the contracted work. C- Granite/Sink Auction Receipt D- Dave Moms Commonwealth Code Inspection Services E- Punch list of completion by Defendants Page 1 tA A ey-A e4d e bc- r-c er- t 2c r ? 'r } - I -_ CONTRACTORS INVOICE l d 17nf WORK PERFORMED AT YOUR ?......& ?C.i ....+?i'. ?-..3.....7 t 4: , y .- ., R F • 1 [...?-.f-Ir A.-6n k t hk 5'. Rem-our a L ?-?o t r _ cry- a'r d ext3? h r _ 1 . . x_ . _ _-_--- WeA 11 A iai is aqua aniee to be as s ec:fied, and the ;above work was performed in accordance with the drawings and specifications for the above work and was completed in a substantial workmanlike manner for the agreed sum of --- Dollars ( .___... __... ?'}. is a _.I Partial w ' Full invaice due arm paw sie bye Month Day _ Year w4h our Agreement pro cal him Dated RAonth CONTRACTORS INVOICE Day Year NO, i OUR 81C NO. _ - ----I ?m ??4rleeoA. -rim At _ ?.,...? CONTRA,CTORS INVOICE II t / WORK PERFORMED AT DATE I YOUR WORK ORDER NO ? OUR BID NO. { R. n 'JI-11 1-1^ con , "'.. _ `x Q_lt2t'1. t,1'I TI f a _4r .s° _ r 1J?C I' %_ . °^''_.?1'?` s1,C"?`'- - L`f ??i`r'd?. _ .. ? ? ? . _ ia.P't ?'? ?,_?.k?•?. ??'-? ?lE:'-,t °"", ='?-??` . _ ? ?{ _. ' .. I? . _._ _ _ . t. J_,1 Y.1.?'-'--. ?/J+?,..?..1...- )/ar4 o, (?TFy,+?tis_ eys... J/?^ ?/j? ._._L.ii...L.... _. Y.- r.. .. .... • i.'.....s!!r"`7....... f. .6. nh-ICK ' (:I1..r. a??s d5ki at ItiC"c?•+`_.1.111.. d _ _..... _..n 4_4 . c t o 01,&1 Cell- 4- - ?? rx All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of Dollars This is a 0 Partial Full invoice due and payable by: ---------------__Y? Month Day in accordance with our ' A reemnt = Proposal him RRontti T NC3822CONTRACTORS INVOICE Year i/ j J t I7a0.7 W'o e, J6004 5 _ CONTRACTORS INVOICE X0 o 7 `P ` 1200 7 1, 01 ORDER NO. # t. ` ' 4iu*.a.i.--l..a__. .up_._._L..Y.. .4V_.. .___ _ _4iJ-LL1_.?,?}i..?d-?{..._Sr/_.?.?.?,,+.L.-?J...l?i. „?-_ _ __. .___ -_._...... ....__.._ . .. ._.......__. 4'o 6edw t -fk Ae .. _ f.. ti .e 4)e P ?P PJA- .. ?fl-fir -F l1'`Lr.._G !'JJi 7l?,J ?l? . ' t ' .-?'}.L !4!' _._.? )A v i e, 44. An ,]r 4 `Y j_ ?. _ 4r, j?r-.L c 4 8 _ r t 38 lr? .?.1 &4 ,roc °.5,, n4j.. -C y.. ._?wr_.._..y" ?i.---?f`*?jy i ?y-, ?.?.... _???????,. ?_Lr?.,.,/......?..1.....F?t:?l?!!.-_?'R{.?_jC.C.'_l?-{--?rt.ll:_._]..?.+il-?-?w'Yr'.--?.?.?i/.1y.°L/-?--?+?-- - ?I _C?h-^.?L,<.? S' Gj 1 4 ` . s ?.`"jl ._ ' '??_. _?rl .. r ?l __ s '._ ~yr'21 11? J I- L ...._."'.'"...... _.-._ ._?i .__-_. G? r?? i11 J# ? Ld1'?.rf ?°?''r...•r?, < '?'!+ L"S/:J :'?f-0 ...., ?..? ... .....? .r?. ....??v,..t..,r. ? .?']. ,°i.?.... ..01a 1.° 5,t- Ali Material is guaranteed j-o teas specified, and the above work was performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sure of .. ___.._ This is a D Partial Full invoice due and payable by. Month pay year in accordance with our Agreement 71 Proposal No. _ Dated ?-- Monfh pay - Year NG38zz CONTRACTORS INVOICE WORK PERFORMED AT, CONTRACTORS INVOICE tf [ ti t WORK PERFORMED .AT_ r -66 - .4 ms's -R E i r _...:-...fit .... _ cam` 6 cr /&44 l _ S'.4i 4e- JA <212 It All Material is guaranteed to be as specified, and the above work was performed its accordance with the drawings and specifications provided for the move work and was completed in a substantial workmanlike manner for the agreed sure of -_...... This is a Pmtia,' FuP invoice due avt payable by, Month Day in accordart('se Wft OUT No. Dated Month Day Year fdC382 CONTRACTORS INVOICE NO. ! OUR 31D NC3.- - --- -- ----1 P(v Alf z q ele ,rte. • ?-- -? - fie el- y? kp 3 it 46; 4 ` -.._ i _ ?'?3?:.??? ?"~'._.c?,l?`?'?? ' ! Lac `i`?'?%?t??'71 t'tf?r.G??'•?1?.a.,lZd?`.^?"? ?:-.?!',-?L^?Llr"t/?}i°, 'Ai above work was performed in accordance with the drawings and specifications cv? e1 # s, ,~. -: e war k and >.,s r leled in :a substantial workmanlike manner for the agreed sure of This fs a Partial Full invoice due and payable by- Month Day in accordance with our 7 Agreemetit _ Pragxosat No. ____---------------- Month NC3822 CONTRACTORS INVOICE Year Da} Year ?! +? ?Sf?,iI ;? i 4 `?'R:+ .? F G! d' F ? 917 ?4r ?+' i M 5 .1 WORK PERFORMED AT /V. iL qqqplqi 3 ,h. ?1I.Y4-Jj r YOUR A41ir. -Me L _ nr/ 4-t7 _ _ - 04 - ?-- alt i5 3°;. _ . ._ . -a ? _- ?c?? _..-t -- - re .3 Esc-67mv- r4*1 s On Cif i' *!! ,..art e, I ..77 L '.ec CA...... . _ i F `.+t. tr+ ?... Y,,. .I i ? S- 3-F?-. `+ ? .._ . .. !! i 3 ?.. .?., _ h??i. ? ?.i.l{.?'1`...5 ? ,;?_ u?.`,`? :.?ti?.? t1+ c - z _ ujeA 1 _s ?1_ Ova tip' ,'?A' i Y - ,-I- --I -f Ji 1. * All : ateriaris guaranteed to tie ,ass spec Pied, and the above wori eras Gerfofined rdance with the drawings and specifications provided for the above work and was eam?p*eted fry a substantial work.rnarriike manner for the agreed sum of ___-.. Dollars (S This is a Partial Full invoice due and payable by: Month Day Year in accordance Wth our Agreerr mt _-' Proposal No. Gated Month Day Year Nc= CONTRACTORS INVOICE NO. ' OUR BID NO. • 4 _ _-__.._ FACTORS VOICE j t { rF 7 d "?f WORK PERi=OrPMEDAT J (? a t l ! c el 1 _.. AJl Material is guaranteed to be as specified, and the above work was performed in provided for the above ?york and was cc?r?pleted in a substantial workmanlike aunt ? r _ 7 ?ordance with the drawings and ificatiions for the agreed sure of This is a _] Partial r Fuii invoice due and payable by- Dollars { ont Day Year in accordan" with our ;- J Agreement '. Proposal N+.Dated Month Day Year CONTRACTORS INVOICE rt 41 Ott ,In -7 ?,i ?l6A? j Iw++l/y[ ? ?'I AA Vi xs?-61cr. i P*kt y --#q l 51 rc- p?;r ONTRA ,.` ORS OUR BID NO. INVOICE VC, Cc? Ali Material is ,uaranter-d to be as specified, end the above work was performed in accordance with the drawings and specifications provided for the above rarfc and as comp,, eted in a substantial workmanlike manner for the agreed sum of Dollars ( This is a E Partial Full invoice due and payabfe bar: ---- ____.._. Month Day Year in accordance with out, Agreement '._..? Proposal No. Dated Month Day Year NC3822 CONTRACTORS INVOICE WORT{ PERFORMED AT. EXH(BiT "A" SCHEDULE OF ADVANCES Borrower: Lender: 'Michael J. & Elizabeth M. Lanza Commerce BanklHarrisburg, NA_ 17 Country Club Place East P. O. Box 4999 Camp Hill, PA 17011 3801 Paxton Street Harrisburg, PA 17111-0999 This Exhibit "A" Schedule of Advances is attached to and by this reference is made a {part of the Construction Loan Agreement of even date herewith and is executed in connection with a Loan or other financial accommodations behveen Lender and Borrower. "Borrower to approve each draw advance by signing in the space provided. The form can either be faxed or e-mailed. Fax # 717-909-0698, E-mail wendy.stevens@commercepc.com. Draw Amount Schedule of Advances Relating to Construction Costs: Borrower's Signature Draw 1 Footers, excavation and foundation 15% $13,350 Draw 2 Property under roof, felt paper, windows and doors set in lace 20% $17,800 Draw 3 Roughed in electric, plumbing and heating system operational 25% 522,250 Draw 4 Drywall or sheetrock and exterior walls complete and interior trim complete 25% 522,250 Draw 5 , Project complete including landscaping and a certificate of occupancy issued 15% $13,350 Total Advances Pertaining to Construction 100% $89,000 Other Advances Payoff existing Commerce Bank mortgage $102,555 Soft Costs as permitted by Bank and Settlement Costs $4,689 Interest Reserve - as approved by Bank $8,056 Total of all Advances $204,300 This Exhibit "A" Schedule of Advances has been executed and delivered by the undersigned this day of 2008 Borro r -ender J? Commerce Ba Harri burg, N.A_ ?/» . Builder / • ?xh'?b`?-? b Lanza Tim Augsburger Hammerhead Construction Co. 1288 Boiling Springs Rd. Boiling Springs; Pa. 17007 July 11, 2009 To: Lee Cohen Attorney at Law Commerce Towers- 10th Floor 300 N. 2nd St. Harrisburg, Pa. 17101 Re: Michael and Elizabeth Lanza 17 CountryClub Place East Camp Hill, Pa. Dear Mr Cohen: 1 am writing an explanation to the proposal for work recieved by the Lanzas_ At this time I am willing to complete the installation of the Neo angle shower door, hanging the dining room light, adding 3 solid cherry shelves to the kitchen, 2- solid cherry kitchen cabinet doors, 1- false solid cherry sink drawer face, 2- cabinet handeis, repairs to door to playroom, removal of any paint on bathtub, and removal of my scafolding. 1 ask you to contact me within 5 days of this letter to agree to letting me finish the proposed work for the Lanzas myself. This will be my last request to try to complete the work I have proposed to do. Numerous attempts were made to complete this job and the Lanzas will not cooperate. I have sent you copies of my proposal of work drawings, filings, Bank draws, Lanzas final punch-list for the Lanza addition, answers to the Lanzas proposed work, my bills for paid extras, extras owed from that, and the final extra bill for all items added to the original proposal. Please study my original proposal in comparison with the new bills, answers to the Lanzas proposed work, and all pertaining documents sent. Contact me with your and the Lanzas response to the information you received as to settle this matter. I. have sent the Lanzas all copies of the extra bills to there address by US Mail and Certified Mail. I have sent you the original bill copies by Certified Mail. Very truley yours, Tim Augsburger Enclosure Page 1 ??(?li?3i T C I-- • DUE UPON RECEIPT NIKE LANZA 17 COUNTRY CLUB CAMP HILL FINAL AMOUNT 0.00 y_.. JUL E 3 2009 u? Sb? -? 1 1.5% INTEREST FEE PER MONTH ON ANY ACCOUNT OVER 30 DAYS: NOT TO EXCEED 18% PER YEAR TC)TAL -064-2347 C0 !ELTH CODE tNSPECTM SERVIM INC: 176 DOE RUN ROAD, MANHEIM, PA 17545 $50.00 ------------ INVOICE N° 29665 Wire Hauser 6-?thliblki- Woe Ouse is an c F- eaned ew win ows ed ens neecT-p- act s'n a w-- in`* o w s ^ \ Receipts needed for- Windows (16) Doors (French doors to backyard, door in mudroom) Fujitsu heating/air conditioning un't 2) WS °4 New Addition- Living Room- Sefew switch needs replaced `"m . _ OMM= d placed in French door to backyard "ng/air conditioning unit needs hung Kit en- unk out a P an c unteriop nex to s n `rye s covered with a larger sink or needs to be replaced ?a -4 net a icrowave rubs molding above the cabinet to the right and needs to be fixed and adjusted I inets to the left and right of oven hits the oven when opening- needs adjusted 81 4 the stave- eed shelves At least two cabinet door need to be reordered and replaced ,` ` ?e ?C udG c o he oven where it doesn't e granite to eit er f w ?c nee so flzdr replaced. pus ac against wall. Rairtt Fi??blen scrated off side?of re#ri er g ator where it was forced ???,,,,?=-°into place. This needs #ixed or replaced. cu granite is very sharp and has o it cabinetry. Cutting oa p. s o e ??rs4nr?r?- asher door rubs cabinet when closing. Door needs to be forced closed. This needs to be adjusted to be cleani`ttee e-?###est`t.corz. out when ..e,3aan?f Wt#? finished- attached to wall, calked and cleaned. Master Bedroom- red repainted shed to ceiling Existing house- Master Bath- Shower door needs to be purchased and installed t W c ase Main bathroom upstairs- ches toward the toilet -11??et leaks when shower head is running es no rain correc Y. en s over is on the bathtub fills. s ?ntete iss olding hot nd working Bedroom across from main bathroom- a o ched H - aint ne d, ;ailim-g as s is ?tt;ac?tcfG""val4. Living Room- ou e - € €ire a rEg t that ou or, e d Dining room- Ale aint t e oor jam to m e# between kitchen and dining room Powder room- { r i AMOUNT } -- ,eu{ ex, { ve", eV r, s 4• '. _-. 44 rat ; .i .?-?« Y ? '1 r NA F 1 i 'v i .g ,n ..... __. -i ._ - Ck 4A,-ui 4c Ise- tf \ .. bt-C tF ? v.,, _ Oct 1 , 13 IL t • a...._ ....._ ..._.. __..44- - Z._ 4C a Ilk, f?li w "T v S • Y i f 41-7 - -t f. ?• _ _ .._. - jV;klif ?C t j § ..w-i?1..,r's?.?.?`s.?.?_.??._.'°-:.._-?? _?.it":s?. -?--' ?.?.?`??"``i?:?? s=?+L:?i??..w ?? ?,.i;;?.y?_, ?. pPu i w R - i _ s L ,-._ __?.'!""?f r ?'..'Y:.SC-,.?i-4rrc. .a..=?,?M ,-. .3w.-w-h.._ .??,. ??F L .X.f 3-,???•,R ?,I?i C'+' Ij `Fw _ yw , r ?_ .......... .. ......,??.,L??...-..:?le irS _-:Y_??.??.1-.[-".-..??w;: ?`R_YL.+:.S'.w?6 ?'+v--y'F _ y,, ... ._. y?+` ?r . .. ??; i - f _ . t _._. ...._., _..# `.r ?:"."'.. ,,,??? twoE(?,,,f y[ "? t° ,.«. ?y,s} }yam p? 9 •y' }?j ?/,? S }?t ?'` 1 ???/h??? •F *?? ? ......?•-iF•$?i.;?. ....?_{.? -'^'?d?Z ,..J_ yry.. ..J }?+'.?.1 '..? Ar?'.... .?'v.. ?+ -_++•+"-1?-?. ?.R? ._N?'!1!`_..5c?.f._._4e'? '4r•lC.?i??`?%,...•# ? ? #',.? ? `""?? E $-'?e w. i ? M" a "? eN4 a?.v,?'T "R's ? C? - ???''Y K _ .w t A . CONTRA 1 V O CONTRACTORS INVOICE Pef ?7 lr-t'l ;tX,,,7 1' t 17, t v cl k . ". X .. _ _...-._ _?: `??''??.__ "'"??,i.?X.'...'Sf .?.__•?-?. ie'r"Ar:4,?? x?.a'?J?'?..k.?_ ??a- ?#?- ?? .'?'..???..? ???Z?r°.:°r?.? _5??»? h a°?'?` ?T"'?11+? _ Ae_,!?....f?"4,x. ." .?t? -io J-1 _. n s Vc- r _ _ 1.. i t ?i ?. ? l .-r rat _ - t? _ L ? i 1 i E ? 3 ti ? i 1 ?? °Va -. 7;:^-0_ ? 1}i ;M? .:sfni', ?k?4?!y ... &;1? ..,. .. ...z?7 w'?f t"i?;.e litre c• ., tiff =;rL v? ?-x4r <"!T ?"7''T ? '; 1?3 :<:,...f,f?f; i?'4. fin'.. x... :>??i"?t ?.. 73 a? ww _1t?4.! . /8 %v RAC A IRS INVOICE • ?r E -7 4 r _. DESCRIPT !ON PRICE AMOUNT tom.. ' r y-? P -7/13' F,313 qEFE OF THE PRCTHONOTARY 2099 SEP -9 PM 3: 51 PENNISYLVMIA Lee S. Cohen PA ID No. 89278 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 lcohena tic-law.com TIMOTHY AUGSBURGER HAMMERHEAD CONSTRUCTION, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-4771 Civil : CIVIL ACTION - LAW ELIZABETH AND MIKE LANZA, Defendants. PRAECIPE FOR LAW FIRM AND COUNSEL CHANGE OF ADDRESS TO THE PROTHONOTARY: Please change the address for the law firm of Kelly, Parker & Cohen LLP and the following counsel: Lee S. Cohen (PA ID No. 89278) Kelly, Parker & Cohen LLP 5425 Jonestown Road Suite 103 Harrisburg, PA 17112 The telephone number, facsimile number, and e-mail addresses remain as before. Respectfully submitted, L e S. Cohen PA ID No. 89278 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 lcohen@kpc-law.com Dated: September 18, 2009 Counsel for Defendants Elizabeth and Mike Lanza CERTIFICATE OF SERVICE On this 18th day of September 2009, I, Pamela L. Russell, a legal secretary with the law firm Kelly, Parker & Cohen LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing PRAECIPE LAW FIRM AND COUNSEL CHANGE OF ADDRESS upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid in Harrisburg, PA: Timothy Augsburger Hammerhead Construction Co. 1288 Boiling Springs Road Boiling Springs, PA 17007 2009 S'Er 21 PJ 2= '1 t n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS'YL.V'AN1A Timothy Augskurrger Harrrrnerhead Consbixtion 1288 Bofng S ings Rd. Boiling Springs, Pa. 17007 Plaintiff V. Elizabeth and Mike Lanza 17 Country Club Place East Camp Hill, Pa. 17011 aekn,aants Case No. 09-4771 Civil CML ACTION-LAIN Breach of Cordract PRAECIPE TO ADO REVISED V'ERtFtCATK)N AND NEW E)G TS VERIFICATION The undersigned does herebY verb under the subject to fie penaties of 18 PA. C.S. 4904 reta M to the tahiSkaban to authorities, that the Plaintiff, Timothy AuMburW herein stakes that the facts set forth in the I&V of Septerrtber 9, 2009 Reply to Dehwxiwft Answer, and Answer to New Matt, and Counterdaim are true and correct to the best of my knowledge, mkirmaijon and be Dated Sepitember 25, 2009 Tknothy Augsburger ? E-fl-k„6;1' F PUBLIC RECORD REVIEN?T/IDUIPLIC 4TIQN REQL E, ST PTezse Prim legibly. Date of Request: ? d Requester's Name: " (/"Io Requester's Address: `r !li/T f rI.A Reauester's Telephone(7C7) 7 ??` ?( f I request file re? iev duplication (chech all that apple) of the follo-wing records (please note: records must be identified and described -with sufficient specificity- to enable the Borough to determine which records are being reouested. Use additional sheets if necessant'.). oqOn ? / Sl ( ?/e Gr Jo?) ?001v in -7 c6 LA I Gj l,/1 P1,4-c Pl? rcartl P A(' Ice that I at a resident of the Commonwealth of Penns lvania. Simlat?x .equeste-r Note: This request may be submit?ed ' person. by mail or 7 facsi, Sp ?' ?9L U1 BY ---------------------- PUBLIC RECORD REVIEWD PEICATION REQUEST RESPONSE To be completed by the Borough Manager or his/her designee Request Number: 2CUci - i r7 Date Received: Action Taken: Approved: Additional review required: Anticipated response date: Reason for review: Date notice mailed: Denial of Request to Review and/or Duplicate Camp HiB Borough Records Request denied: Date notice mailed: Reason for denial: q(1?1- ID9 Date of Approval: fT?= Sim x6re Borou Manager or Designee COMMONWEALTH CODE INSPECTION SERVICE, INC. Desiring Certification of Approval, application is made for inspection of electrical installation in the premises described below. On demand, applicant agrees to pay for inspection service in accord with schedule of charges. Inspector's No. 09/99 Date 2 /2 /2009 Directions To Job Site Application for Rough Wiring E Fixtures E Service E Plan Review E Other Work - New W Additional L Building - New E Old W Ready For Inspection: Applicant's Name: Hammerhead Construction Utility Name: Unknown Utility Permit: Inspector's Comments: Job Location: 17 Country Club PI. East City: Camp Hill State: PA County Cumberland Township: Borough M/C # Swimming Pool -New E Old ? Owner: Mike Lanza Type Bldg. Ci' DWG ? Other Occupant: same Building Permit No Footer inspection for new addition to rear of house 2/2/09 Work Inspected ServiceDate: Rough Wire Date: Final Date: Certificate Needed Eyes E Dup Agent Card E ElecLtCoCard LJ i INSPECTOR David H. Morris 11 (5) COMMONWEALTH CODE INSPECTION SERVICE, INC. Desiring Certification of Approval, application is made for inspection of electrical installation in the premises described below. On demand, applicant agrees to pay for inspection service in accord with schedule of charges. Inspector's No. 09/286 Date 3/25/2009 Owner: Lanza Type Bldg. E%6 DWG ? Other Occupant: same Building Permit No Job Location: 17 Country Club PI. East City: Camp Hill State: PA County Cumberland Township: Borough M/C # Swimming Pool -New ? Old ? Directions To Job Site Application for Rough Wiring Fixtures W Service ? Plan Review ? Other Work - New O Additional 1Vj Building - New ? Old W Ready For Inspection: Applicant's Name: Hammerhead Construction Utility Name: Unknown Utility Permit: Inspector's Comments: Rough framming,electric,plumbing W/airtest,HVAC,fire caulk 3/25/09 (Insulation inspect. 3/25/09) Work Inspected ServiceDate: Rough Wire Date: Final Date: Certificate Needed ?Yes ? Dup 3/25/2009 Agent Card ? n ElecLtCoCard ? (1 11 V INSPECTOR David H. Morris 11 • ?`?ti; b,i- F COMMONWEALTH CODE INSPECTION SERVICE, INC. Desiring Certification of Approval, application is made for inspection of electrical installation in the premises described below. On demand, applicant agrees to pay for inspection service in accord with schedule of charges. Inspector's No. 09/331 Date 4 /3 /2009 Owner: Lanza Type Bldg. W? DWG ? Other Occupant: same Building Permit No Job Location: 17 Country Club PI. East City: Camp Hill State: PA County Cumberland Township: Borough M/C # Swimming Pool -New ? Old ? Directions To Job Site Application for Rough Wiring ? Fixtures ? Service ? Plan Review ? Other Work - New ? Additional ? Building - New ? Old ? Ready For Inspection: Applicant's Name: Hammerhead Construction Utility Name: Unknown Utility Permit: Inspector's Comments: Drywall inspection 4/3/09 Work Inspected ServiceDate: Rough Wire Date: Final Date: Certificate Needed ? yes ? Dup f? ?I Agent Card ElecLtCoCard ? INSPECTOR David H. Morris II d COMMONWEALTH CODE INSPECTION SERVICE, INC. 18 DUPLICATE CERTIFICATE For Municipal Confirmation Only NO: D208-127 Type of Inspection: Building Permit No: Job No: 091598 Owner: Mike Lanza Location: 17 Country Club Pt. East Camp Hill Installation Consisting of. Provisional Final building inspection for new 2-story addition(1- Gfci recept. 20amp ckt. Needs to added to end of peninsula) Installed By: Hammerhead Construction Lic. No. The conditions following goverened the issuance of this certificate, and any certificate previously issued is cancelled This certificate only covers the electrical equipment and installation conditions as of date. Upon the introduction of additional equipment or alterations, application shall be promptly made for inspection. Inspectors of this Company shall have the privilege of making inspections at any time, and if its rules are violated, the Company shall have the right to revoke this certificate. Date: 613012009 INSPECTOR David H. Morris 11 Member N.F.P.A., I.A.E.I. 0. 4? Kk)N 6 lt?- f:?- COMMONWEALTH CODE INSPECTION SERVICE, INC. Desiring Certification of Approval, application is made for inspection of electrical installation in the premises described below. On demand, applicant agrees to pay for inspection service in accord with schedule of charges. Inspector's No. 09/598 Date 6 /5 /2009 Owner: Mike Lanza Occupant: same Type Bldg. C) DWG ? Other Building Permit No Job Location: 17 Country Club PI. East City: Camp Hill State: PA County Cumberland Township: Borough M/C # D208-127 Swimming Pool -New ? Old ? Directions To Job Site Application for Rough Wiring ? Fixtures ? Service ? Plan Review ? Other ? Work - New ID Additional W Building - New ? Old W Ready For Inspection: Applicant's Name: Hammerhead Construction Utility Name: Unknown Utility Permit: Inspector's Comments: (Existing electrical service 100amp, however existing panel is 200amp, contractor Tim is going to explain the potential hazard with that condition)(Tim on 6/25/2009 imformed me of 4 or 5 open J-boxes in attic to hold up final) Provisional Final building inspection for new 2-story adddion(1-Gfci recept. 20amp ckt. Needs to added to end of peninsula) Work Inspected ServiceDate: Rough Wire Date: Final Date: Certificate Needed ?Yes E./I D u p 6/30/2009 Agent Card 1/1 ElecLtCoCard INSPECTOR David H. Morris II ^7 Borough of Camp Hill ??,' `N?pPPURATED 4 .d NOV. LOTH a t. •1666' CAMP HILL BOROUGH UNIFORM CONSTRUCTION CODE CERTIFICATE OF USE 2145 Walnut Street Camp Hill, PA 17011 Phone (717) 737-3456 Fax (717) 730-3961 PERMIT # aJ?J O t?z OWNER: ?? ?i???,9 ADDRESS: P7 DESCRIPTION:- APPLICANT: ,t(f1 P-tom fi y1 fi FINAL LNTSPECTION ,J ,2 14 !?7 DATE AUTOMATIC SPRINKLER SYSTEM: Zc1 YES OR NO SPECIAL CONDITIONS AND/OR STIPULATIONS: THE ABOVE BUILDING OR PORTION OF THE ABONTE BUILDING W AS INSPECTED FOR COMPLIANCE WITH THE PENN'S*YLVANIA UNIFORM CONSTRUCTION CODE, PA ACT 45/1999, AS AMENDED. BY: CERT.#: 0 page 1 of 2 C'. 7 D 130000000 Previous Balance $ 0.00 2,584.14 0.00 20.63 0.00 3,120.15 Date sing Date Payment Due Date Cun ent Due $ 260.00 Past Due 4$ 0.00 Mr#ntxrt Amount Due =$ 260.00 Credit Available $ R?1 11,000 7,879 CURRENT ACTIVITY FEB 12 FEB 11 FEB 18 2972976 View, Manage and Pay online @ myhornedepoiacxount.oom THE HOME DEPOT MIECHANICSBURG PA LUMBER BUILDING MATERIALS 2,584.14 FEES PAYM!ENTTE- REF # P9196001800YN04SV 50.60- *FINANICE CHARGE* 20.63 Account Statement Sand Ncfte of my Errors and 40UN6~ 8- Ma w Cudorner Service kqufAes 10: rnwr Pnjenwd xwsioe ?ewiuad HOME DEPOT CREt)IT SERIACEB er t-sooBTlamQ b? shoo p ?? C.nuri T.ns ` INNIl19, COM PO BOX a89100, DES M094E5 IA 50388-9100 Aamr& SM 89t1t NO 2'7S',t an MkP CH 17,2M cbe ft OMe FEBERAPAY 106 2000 "M Glse ft owe MARCH 2006 Credit tint $7,21M.00 Cwt Ava" - 00 Pxribnlt Dw Dale MAAGH 17 2006 to rana n P"" a Duey' $12.00 oprwq a - Paymnrts A cnwft Pon N nadO W Ch"" F WUW CF CHANOW tier 8010000 Pell00-1110MIAIMt :81.01 WAS $474.54 $8.14 $493.51 P10010ee edanet $0.00 $0.00 + $405.79 + $0.00 $405.79 Total adwe 381.01 $48.18 $880.33 $&14 $901.30 tiiwwhiepBrMno?i?alr?u noo-paeafoairaeadlo?r pin P4owed"dwci+orstrpiAd- Payrnents -$ Credit -$ Purchases +$ Debits +$ FINANCE CHARGES +$ Late Fees +$ New Balance ='$ CURIEW ACTMW TraDearaliort DaM liraoata Pkwe sea to enclosed privacy rnoboa for imporlent irlfarm lion. SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS. 01130 THE HOME DEPOT MECHANICSBURG PA 11 LUMBER HARDWARE 222.93 BUILDING MATERIALS ? 4205 THE HOME DEPOT MECHANICSBURG PA LUMBER HARDWARE $ 13255 BUILDING MATERIALS 0206 THE HOME DEPOT MECHANICSBURG PA HARDWARE $ 27.41 THE HOME DEPOT MECHANMGSBf 3RG PA PLUMBM LUMBER $ 91.85 02M THE HOME DEPOT MECHANICSBi1RG PA LUMBER PAWT $ x'405.79 PLUMBPOG HARDWARE ery/ PROMOTK*4AL PURCHASE: To avoid finance rataryaa, pMase pay Ore above in hiI by Dan 021x09 THE HOME DEPOT RG PA 77. ?,t CAN'T DECIDE NOW TO USE YOUR GIFT CARD? We Can 6dP YM c R N I" w6d YM wont. It's easyl Bring in your card today. The Home Depot* has a huge selection of foals, appliances, home accents and more. You'll find agondable ways to use your gift card that will help you with any FZ h ome improvement project. `o corohvnd on mat pipe Hems Payment fQ: HOME DEPOT CREDIT SERVICES DEPT32 - 2005586577 PO BOX 6029 THE LAKES, NV 88901-6029 Payment Due Date: 03/16109 customer Aw"Imm a. 204754 Slow 000004120 MECHANMOURCI, PA 8Kllt PRODUCT 545729 12-5/0 STUD 161693 2X4-16 HT /AI 1617!1 2X6-16 HT 1111 166924 2X10-16 HF 724084 STURDIFLOOR 366601 7/16 058 107362 2X12-12 HF 107:!5 2X12-16 HF 151021 EASVOARD HM 256981 39L2 FELT 596267 DUROVENT 616745 ORSPIOOZ 316104 WSPOORH6 112525 ROOF MAILS 6985" STAPLE 515663 CINRD DLVRv 664572 8/0 EM PIUM 965798 92-5/6 STUD 569662 92-586 STUD 166924 2X16-16 NE 448865 DISCOUNT 161799 2X6-16 HT MI 366"1 7/1600 0900" DISCOUNT 440605 DISCOUNT 944485 DISCOUNT mee5 DISCOUNT 64400: DISCOUNT 666965 DISCOUNT 009605 DISCOUNT 996ee5 DISCOUNT Stotts DISCOUNT Invdw: 2272976 PUrdowe Order. 2120SLANZA Arrant Due: 2,524.14 Invsia Dale: 02112/09 L"T QUANTITY PRICE 70.0000 EA 3.32 25.0000 EA 5.03 35.0000 EA 0.63 10.0010 EA 11.53 6.0000 EA 19.43 50.0000 EA 5.17 30.1100 EA 10.02 12.0000 EA 14.42 1.0000 RL 14.00 3.6000 RL 27.20 40.0100 EA 1.66 3.0060 EA 33.51 2.9900 ax 46.61 1.0804 EA 34.74 1.0900 EA 10.47 1. to" EA 55.00 26.0096 EA 3.49 41.0010 EA 3.32 190.0004 EA I-50 2.6600 EA 11.s3 1.090 EA 5.jt- 10.00H EA 0.63 18.0809 EA 5.97 1.#696 EA 10.00- 1.0900 EA 16.10- 1.0100 EA 9.75- 1.0800 EA 17.05- 1.0960 EA 22.10- 1.0100 EA 15-72- 1.0600 EA 62.40- 1,1600 EA 33.24- 1.0960 EA 23.99- - CONTINUED - TOTAL page z of 2 3971 ACCOUNT: 60353220CE'586577 HAMMERHEAD CONST CO 1288 BOILING SPRINGS RD BOILING SPRINGS; PA 17007 Please make checks payable to HOME DEPOT CREDIT SERVICES ImiOiet: 072076 plteii2se Order 212091ANZA E1ulsalnr AWOWW W 0: 294734 Sbm:000004120 MECHANKMOURG, PA 232.41 680045 OI$COUWT 145.75 608095 DISCONIi 3!2.15 190905 DISCOUNT 115.30 011885 DISCOUNT 116.50 690005 DISCOUNT 2!0.51 996445 DISCOUNT 324.60 010005 DISCOUNT 173.04 060095 DISCOUNT 14.00 61-60 67.20 166.77 93.76 34.76 ?I 10.67 55..11 'i 97.72 ; 152_60 I54_$0 23.06 9.10 66.30 59.76 I*.t0- I6.10- 9.75- 17.65- 22.10- I5.72- 62.40- 33.24- 23.99- AUStuM Due: 2,594.14 i9ttioe 064: 02l12MO L"T TOTAL QUANi(TY PRICE PPACP 1.6860 EA 19.17- I9.17- 1.t960 EA 41.21- 41.20- I. EA $0.66- 30.66- 1.0000 EA 53.22- 53.22- 1.1060 EA 7.42- 7.42- 1.0000 EA 4.10- 4.18- 1.0080 EA 1.20- 1.20- 1.1100 EA 4.42- 4.42- SUBTOTAL 2,437.96 TAX 146.26 SHIPPING 6.00 TOTAL 2,504.14 Please Direct Inquiries to: Phone: 14800-685-6691 Fax: 1-800-266-7308 page 1 0` 3 CL 7 130000000 • £x? 1) b? f 6 F" NUMER A-000-aS-73US Previous Balance $ 3,120-15 Closi Date 03/19/09 Payments $ 1,000.00 Next Date 04/20/09 Credits $ 54.20 Payment Due Date 04/14/09 HA#MFOWADCOMSTCO Purchases +$ 3,181.10 1200 9011.008Pl1NM RA Debits +$ 0.00 Current Due $ 443.00 90 LINO SPFWW. PA 170 -SM FINANCE CHARGES +$ 77.27 Past Due 4 0.00 Credit L"unit $ 11,000 Late Fees +$ 0.00 Y1Qialttttr Anumnt Due 443.00 Credit Available $ 5 , 685 New Balance -$ 5,314.32 CURRENT ACTIVITY View, Manage and Pay onkne @ myhomedepotaccount.oom FEB 20 4014844 THE HOME DEPOT MECHANICSBURG PA LUMBER BUILDING MATERIALS 136.24 FEB 25 9015687 THE HOME DEPOT MIECHANICSBURG PA ,. , PAINT 3541 205 FEB 27 7016072 THE HOME DEPOT MECHANICSBURG PA HARDWARE LUMBER 93.17 FEB 27 7041087 THE HOME DEPOT 14ECHANICSOURG PA CREDIT HARDWARE 64.20- MAR 5 1052741 THE HOME DEPOT MECHANICSBURG PA MILLWORK 903.12 MAR 6 180512 THE HOME DEPOT MECHANICSBURG PA MAR 6 41174 THESHOME DEPOT MECHANICSBUURG PA 22.52 BUILDING MATERIALS PAINT 277.30 HARDWARE MAR 6 52764 THE HOME DEPOT MECHANICSBURG PA BUILDING MATERIALS MILLWORK 1,394.49 HARDWARE LUMBER MAR 7 PAYMENT - REF 8 P9196002301OH19HL 1,000.00 MAR 19 *FINANCE CHARGE* 77.27 FWANCE CMRrxE SUMMARY Current Billing Period Previous Billing Period ln? I . AMMMU. REGULAR REYOLVECREDFTPLAN 4142S.S1 -04W 29 21.99 0.00 .06024 29 21.99 This Account "" by CftW* (SQU1h Da1ta " tr1 A t3tL NG tNaWOWS 1-6004W6661 PAYMENT 4120 00072 39673 03/14/09 ON l iT 71 JGM6EX 11.09 AM XXXKXXX10tX1(X6.5 HOME DEPOT 1500.00 AUTH CODE 01470 TOTAL $1500.00 CHECK 1500.00 XXXXX2655 RUTH CODE 77&)83 TA PAYMENTS ARE 1AKEN BY HOE DEPOT AS A CONVENIENCE TO YOU AND NOT DEEMED MADE UNTIL RECEIVED BY CREDITOR. SEE ACCOUNT TERMS. 0VhWWdap0taccount corn ............................... Make Address Changes Below 0010300 ,?A HAMMERHEAD CONST CO 1288 BOILING SPRINGS RD BOILING SPRINGS, PA 17007-9678 ull ...1ti?llil?i?tt111??1?1tI??tlitlllllt?Plll?I??I1i?I111111I111•, 5586577053143200000000044300 THE HOME DE" 't1 "1 .- t 1.20 15 3220 0558 6577 ON CHECK AND ENCLOSE WITH THIS STUB. 6000 CARLI& . F -KE. k - 1 PA 17055 STORE MANAGER CHET KEELEY (717)795-9602 Mema vayment to: • HOME DEPOT CREDIT SERVICES 1 i DEPT32- 2005586577 PO BOX 6029' i THE LAKES, NV 88901-6029 Payment Due Date: 04114109 page 2 of 2 sRSo ACCOUNT: 6035322005586577 HAMMERHEAD CONST CO 1288 BOILING SPRINGS RD BOILING SPRINGS, PA 17007 Please make checks payable to TOME DEPOT CREDIT SERVICES Sim.000004120 MECHANICSBURG.PA SKU9 PRODUCT 900125597 2X4-1462 PR :00001255!7 2X0-1602 PR 0000148SS5 20-8 PT 0000845827 WH9R 0000462610 100JSTHN Wri S cushm a AFbombnI Ik 294754 1110W.800004120 YE#WdB. PA Woke. 4014444 -- invoice: 0015687 hocho b Ordw: NO Purchw o Order: NJO Amount Dub: 13824 Ameuld Duo: 354.26 Invoioo DW: 02/20/00 hPOkb DOW 02P25M SIon:000004120 a 0EC,1040NCS8URi. PA UNIT TOTAL UNIT TOTAL 0UANTITY PRICE PRICE =0 PRODUCT OUMiTITY POKE PRA 1.0000EA 9.97 9.97 96r14171321(4-6 KT 091 16.Sor0EA 4.24 49.14 1.0000 EA 9.97 9.97 0009291698 2X0814 Hr VW 2r.goes EA 11.75 234.40 14.0000 EA 4.97 71.52 0000774435 PL375 Zr02 4.9999 EA 4.89 19.54 24.0000 EA 0.84 22.34 8096454582X8 HA WR 12.0040EA 0.99 11.88 1.0000 PK 1.70 4.70 - XURTUTAL SM.20 _ SWTOTAL 120-52 TAX 24-06 TAX 7-72 , SHIPPING 6_89 SHIPPING 4.84fi _ TOTAL 354.24 TOTAL 130.24 I ir00fa0: 7041687 Ano" Ow 44.20- iw9iao Iado: 0927/90 UNIT S" PRODUCT QUANTITY PRICE 9988316l849R>W?tlrB 2.sees 6I1 39.28- ( SWTWAL TAX SHIPPING TOTAL sror9zooo9o4120 MIE HAIMI SBUR6, PA TOTAL PRICE S_ PRODUGT 48.54 r99r6167550R9P6Q 94609105162M STUD 49.54r99914572i 92-596 STUD 1.44 98941417!! 2X4-14 HT WA 9.04 64.201 kraim. 7014072 PWChN b OOdMr NO Amour! pub: 93.17 0v0im pelb: 02827709 UNIT Oi11WTITY PRICE 1.4664 EA 28.97 2.499•EA 4.23 10, EA 3.32 2.9449EA 8.43 SWTVTAL TAX SHIPPING TOTAL -03 TOTAL j 28.97 8.44 33.20 17.24 - 67.81 5.28 4.00 93.17 Please Direct Inquiries to: Phone: 14800-685-6691 Fax: 1-800-266-7308 murrrrt rdyiRdrn IV. • HOME DEPOT CREDIT SERVICES DEPT32 - 2005586577 PO BOX 6029 THE LAKES, NV 88901-6029 Paymerd Due Date: 04/14/09 e page 3 Of 3 051 ACCOUNT: 6035322005586577 HAMMERHEAD CONST CO 1288 BOILING SPRINGS RD BOILING SPRINGS, PA 17007 i1c) Please make dmft payable to HOME DEPOT CREDIT SERVICES IpOr498: 1052741 PUtaMYf Order: ADMA)WAMDOW lafoio0: 41174 P1rfAw Oftbc 90609PICK GP OWAOM0r Awsma r1:: Ammad Our. :03.12 k 0808=w Apewmal Ambsud Ow 277.90 1 Imoip Ddr. 0WOW09 IMeif4 D:M: 09104/06 Skm:00WO4120 SINO.000004120 MECHANICOWRO, PA MECHANICSBURG. PA IAJIT TOTAL L "T TOTAL SI01: PRODUCT QuANTIIY PRICE PWM WO PFIDDMT OUANiRY PFOCE PR M i:0047341 SSSSHWA 1.0404 EA I" IGS. 04 6040164263 IN:I9E CORNB 1. f660 EA 11.26 11.26 g0N7S5013446H50EA 4. "04 EA l72::: 664.:0 04043624" YEM1 m-EA 2. "00 EA 12.50 25.16 _ lii81i7511J CHAMEL-EA 4.0000 EA 5.36 22.44 SOITOTAL 652.0: •80:17SO04SOLID SOFFIT 2.0fffEA 12.26 24.52 TAX 51.12 : :0:362654 SILICONE 4. "00 EA 5.97 ZS." SHIPPIH9 4.:: 04 !4161965WLTYMIN-EA S.6666EA 5." 27.96 _ 00604012426MPSCTOW 14.800:EA 11.75 117.50 TOTAL !93.12 ff04574622 PLASTIC CAP 2.04" OX 4.16 1.12 SIGTOTAL 261.64 1 TAX 15.74 SHIPPIHS 4.00 jI 4 _ TOTAL 277.30 Il06ifk 32761 P190Mp4 pa p; ADDITION ? 1RY:i6D: 160512 P4rri649 Ord r LANZA AW00R10rM Ampmd Dim 1.044.40 A/fOGnM « ? ARtftwl DAM 22.52 2f 1 huni:4 ad," 09ADRf06 Y109i90 DOW 02MOOD Sbm:000004120 Sbm:000004120 MEGAN:. PA 1-PGMNI. PA UNIT TOTAL. L"T TOTAL t am PRO U IiQ IlNiti P-FWE P!? ORN PRO XW CALV M PRIX It :048159062 C0966N POST 7.600,0 EA 16.06 110.02 000040405LaAD 6 90 1. "" EA 19.00 0 s 000046""D6 UNIT CTH 4.049! CT 1".04 564.40 606"90762 LOW TX 1. f"6 EA 2.30 2.58 :000171479STATSTRIP-EA 7.Nf2EA 4.9: 34.06 _ 004147511 d CHAW4 L-EA 12.0400Nh S.36 64.52 SUBTOTAL 21.56 i0?72111LN151.T 2.410030 299.0: 299_!0 . TAX 1.14 140419273249 FINISH 1.00"EA 2.24 2.24 SHIPPING 0.00 "004104651-I MFULS59 1.4006 am 7.64 7.64 _ 46041617212XI-10 MT W 12.4004EA 5.63 67.54 TOTAL 22.52 6004304630 STOEN 6I18RD 1.06" El 169.00 186. f: 0044249426 6RIC9: 16.0 6' 3.9604 EA 9.57 20.71 SIGTOTAL 1,318.55 TAX 78.94 SHIPPING 6.00 TOTAL 1,594.49 I Please Direct Inquiries to: Phone: 1 400-685 6691 Fax: 1-800-266-7308 Remit Payment To: ; page 2 of 2 4104 HOME DEPOT CREDIT SERVICES ACCOUNT: 6035322006586577 • DEPT32 - 2005686577 HAMMERHEAD CONST CO PO BOX 6029 1288 BOILING SPRINGS RD THE LAKES, NV 88901-6029 BOILING SPRINGS, PA 17007 Payment Due Date: 05/16109 Please make checks payable to HOME DEPOT CREDIT SERVICES - - - 11"Wes: 2 Ia16r00: 10624W PwdamOrde r- dMPHR.L AWn'l Fur6tiY6Ordw: COUWAYCUWLA Coftwer ASrme6M ! Mead Dw: 1,200.51 tlutoanr ASn6Rw11 r. Aaaad Dual 35.00 now 1 --.f00 QMO: 030VOS W40100 WIN: 04/14100 S10r4:000004120 9MM:000004120 Mf 0WMC38UR3, PA I MECF1MOOSSUF0, PA UPOT TOTAL - Uff T TOTAL MW PPODUCf QUIWTITY W PFWE am PRODUCT 29"M PP" PFWR X009256350 4X8 ORYNALL i5.1100 EA 0.40 434.20 00063SM40 IM CARPET 1.0000 By 35.04 35.90 006097J4111/2 4X10ORYN 0.6006 EA 8.35 60.00 0666461567 KID-1Eis"T 12.6661 EA 12.98 195.74 SUBTOTAL 35.06 00002583771/2 X4X12 BY 15.6lNEA 9.18 14!.70 TAX 6.16 0660l67675N'OSTiLNTP 75" 67 9 2.9i66RL 9.25 ISIS SHIPPINS •.09 : 1" Sew$ OLVRY 0001: 1" 1.IMEA 55:00 $5.80 42"" WIT CRWW IS.0000EA 1.46 22.21 TOTM. 55.14 :::216251 1/2910L WAD 2.6960EA 1.96 8.% 0006646254 E-2 SA &a 10 2.6000 EA 16.96 21.92 0000614271 FIREJM TUB 1.0006 EA 213.00 213.60 SUBTOTAL 1,141.14 (: TAX 06,4? 1 S'NIPl?I01R 1.00 . TOTAL 1,209.51 page 1 of 2 CL 7 1191 096090 a , kN 4'16` PreviousBaful oe $ S,314.32 Ckmd Date 04/20/09 Payments 4 1, 500.00 Next Gbsing Date 05/19/09 Crsdss 4 0.00 Payment Due Date 05/16/09 HA NWIMEADCONSTC0 Purdmises +$ 1, 244.51 1210 90LNQ RD Dsb is +$ 0.00 Cunsnt Due 432.00 SING WROM, PA 179074149 FRIAMCE CHARM +$ 117.78 Past Due 4 0.00 Credit Limit $ 11,000 Late Fees +$ 0.00 #itiiltsll Asumal Ow 432.00 Credit Available $ 5,823 New Balance -$ 5,176.61 CURF&W ACTNM Vow, Manage and Pay online @ myhomedepota=urd.com MAR 24 2053082 THE HOME DEPOT MECHANICSBURG PA BUILDING MATERIALS 1,209.51 FEES KITCHEN AND BATH APR 14 1053405 THE "ONE DEPOT MECHANICSBURG PA FLOORING 35.00 APR 14 PAYMENT - REF R P919600390OY30JAD 11500.00- APR 20 *FINANCE CHARGE* 117.78 paps t of 2 CL 7 D130000000 0 G- Previous Balance $ 5,176.61 Payments $ 450.00 Credits $ 173.94 Purchases +$ 3,393.48 Debits +$ 0.00 FINANCE CHARGES +$ 145.60 Late Fees +$ ----$ 90 New Balance d&' 8.091.75 '<. CURRENT AC7W Closing Date Next Closing Date Payment Due Date Cumffl Duo Past Due illllimum Amount D 05/19/09 06/18/09 /14/09 +$ 0.00 is -$ 675.00 HAN ERt1EAD CONST CO 12M DW.NG SPRIPM RD DOLING SPRINGS, PA 170074070 Credit Limit $ 11,000 Credit Avait We $ 2 , 908 View, Manage and Pay online 0 myhomedepotacoount.com APR 22 3053514 THE HOME DEPOT MECHANICSBURG PA FLOORING 3,393.48 APR 29 6041768 THE HOME DEPOT MECHANICSBURG PA CREDIT LUMBER 173.94- BUILDING MATERIALS MAY 16 PAYMENT - REF 0 P91960049010FLFMT 450.00- MAY 19 *FINANCE CHARGE* 145.60 For your convenience, you can call in or fax an order for pick-up at our Will Call area. He'll even help load the order into your truck or arrange for delivery. Pick-up is available seven days a week during normal store hours. For more information, contact your local The Home Depot store. j t FINANCE CHARGE SiMOAARY { Current Period Previous BOV Period 1W. "N MSStifIer Fer awes ! ? e ANIpmL FaGVLARREVOLVECREW PLM l.w.So at024 2! 21.99 0.06 .94924 32 2I.l9 This AocauM bawd by CMM* (Supt DiAQW NA StUN^s INOl)IRIES 1-800.885.8W FAX NUMBER 1-800-266-7308 myhoraKupo urtt com .... _.,...?..,... _......... _.... ...?. .,. :..., ......,.:......._...... : - .... ..... .:............ ........... ............ .... ........... Make drsidcs payable to. HOME DEPOT CREDIT SERVICES Paymsra must be received by 5:00 p.m. local time on Payment Due Date. 06/14109 $ 8,091.75 675.00 ` h FOR PROPER CREDIT, PLEASE WRITE 6035 3220 0558 6577 ON CHECK AND ENCLOSE WITH THIS STUB. mam Payments to: Make Address Changes Below Dept 32 2003586577 000739 toa e HOME DEPOT CREDIT SERVICES HAMMERHEAD CONST CO HeER PO BOX 6029 1288 BOILING SPRINGS RD ' THE LAKES, NV 88901-6028 BOILING SPRINGS, PA 17007-9679 Idle 1 1? r71 n h ht ? 1 rrrl rlrrl ar air Ilrl rralr 11 1 a 1 it II! I NN I 'III Nfl tll Nl?lh INh il?llll III I I Ilill (III i III 1 ? I II 111 III III II 6035322005586577040417500000000067500 Remit Payment To: HOME DEPOT CREDIT SERVICES I DEPT32- 2005588577 PO BOX 8029 THE LAKES, NV 88901-6029 Payment Due Date: 06114109 InviiOe: 3053514 PodimrrOrdw. COUN YCLUSPLCA page 2 of 2 4240 ACCOUNT: 6035322005586577 HAMMERHEAD CONST CO 1288 BOILING SPRINGS RD BOILING SPRINGS, PA 17007 Please make checks payable to HOME DEPOT CREDIT SERVICES F invoice: 6041766 Customer Agreement B: Amount Die: 3.363.45 Customer Agreement B: 206673 264754 Invoice OW: 04122/06 Store: 000004120 1 Store:o00004120 MECHANIC8BURG, PA MECHANICSSURG, PA UNIT TOTAL SKUr PRODUCT QUANTITY PRICE PFWE SKIN PRODUCT 00006494333/0 CARPET 117.0000SY 18.11 1,265.655 Og01017992M-16 NT W 0000089433S/0 CARPET 74. Me SV 10.11 63606 9 0000168924 2X18-18 W 0000255540 I/S CARPET 1.01100 SV 242.20 242:201 i00f5382t7 DUROVENT 000027654SCARPET PAD 1.0000 SV 1,020.58 1,028.51 { 6800368861 7118 OSO SUBTOTAL 3.313.47 {F{ TAX •.Ir SNIPPING i. i0 3I3 TOTAL 3,s93.40 C7D Amount Due: 173.04- Invoice Dale: 04/29/00 UNIT TOTAL CAIMITTIY PRICE PRICE 10.0860EA 0.12- 61.20 2.0060 EA 9.32- 16.64 7.0000 EA 0.45- 4.55 1s.r00•EA 5.97- 51.70 SUBTOTAL 164.09 TAX 9.85 SNIPPING 6.06 TOTAL 173.94 Please Dired Inquiries to: Phone: 1-800-685-6691 Fax: 1-800-266-7308 • N1 s!? ammms ti Account Statement ' ,???"GtMoNrr9rlvicK P by &W pxL te'" m?rt6rtioeired HOME DEPO CREDIT SERVICES W1-Seww-am * ! PO BOX 886S0Q DES MOINES IA 5098&9100 Aaooutit: SM 3M GM 2ra on FEGF& W ? - Cieft O Dr1a chwh p d/WUARY2i WN FEW 1% 2009 cram Ltee .00 craft 41itirebM $'7138.00 Pi:yar«rt Dtta eeme FEBRUARY 1 2006 1lintraas Payment Duo 10.00 ANN i Craats Putd randOtlrer Chr gas FINANCE t$lAROiEB MW BdOrloa Ravolvift Baloncot SIW04 Provaction Bdw= $0.00 $50.00 ;OAo + $0.00 $0.00 $1.97 + WOO $81.01 Total Balance $109.04 $50.00 50.00 _ $1.97 >)81.05 1 P-olvft BWave inciudss WWWM01WWd barmcriwo p ka Pmmcomffi 60 h.oe sn?aed CURRENT ACTMTY Trsnaa Lion Deft A PLEASE SEE THE ENCLOSED NOTICE OF CHANGE N TOM FOR NWMMT INFORMATION. t SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AN13 PROMOTIONAL OFFERS 01:12 PAYMENT - THANK YOU 3 50.00. 01121 'BILLED FINANCE CHARGES* $ 1.97 z z z z zz z ?z z z z z z z " 7h `AWNJILL PEW ENTAGE WE an to m at6A stirs MlioAf*rgcararpsrwwuimposed Famwe l 9 sm"6eawWirQonyiomodonnitrir?ossandmr t bMdwyeucsoooWisa?drrthaurneadal&piornepnntfa6 EAdwftVsonn?pondiipAPFi'#1ArAPRtlWtapp4ato such bWsnoe. AK4111CBCb40IMSU1111111MRI' 90161109 Car OGPcndnp Dap in Perbdc 01W subject 10 Daly ANNUAL 80%) FINAIM FNAM Firenoe Ctw o Perbmc Rate PE A6E RATE Pabd CHARM CHARM Csnoet Nr"Prtlad •?•••?•?" REGULAR REVOLVE CREDIT PLAN 564.94 0.00298%(M) 22W% 33 $197 - 1f*0 ?t ! CAN'T DKIDE 14OW TO USE YOUR GIFT CARD? Ilia am b* pee daaaaa loot solo Teti ?-- mo t. It`s easy! Bring in your acrd Wo y. The Hume Dep im o huge whaa im of i0ols, apptvwsm, home accents wd ;wre. Youll fi of6ocrd&6'rays 1o use your gift Cara +nt wi;#l ?edp YOU'With any 1.4 ha" ampmvenrent "Oct kl? Thiti AWOW0 Mwd by CMlank 0000 Oak", NJL F'hAps ids, -^w -------------------ii-------------------------______ _____?------------_ - e.ani,mva, Your Aaoamt Nutebar New Bolan" F%Vm ttt Dea Dale [ Aeaottet Peat Des PapNatl Dua 11 iN106 ?[ Nltt! affi 01,01 FEBRUAW 16, Nidp ow S10.MI1(1 U" Chu to Paiya6is 10: HOME DEPOT CREDIT SERVICES 6035320104292782000610100050000001000107 ?RnsllL 11 { ll i.N fo slisI I I ( HOME DEPOT CREDIT SERVICES # ns ss? s a s ss r fa r PROCESSING CENTER TIMOTHY R A GSSURGER DES MOINES, IA 50364-0500 gi;Z ) 1298 BOILNG SPRINGS RD IIIIIBitnrfallnlifarifallifafa6lrl6fa16farlrlfal/IrIrfa11 BOILING SPRINGS, PA 1. Plot 00101!066 dwign show is hkw or bleak kk b K to 0 .rt 0 "0 10 K ? n 0 G.? - rr w w ? ? ? ? O ° ? O n Y O ?n CD co 41 --O N?? ?? - ? co ? ?. d ?? o N ?fl ? ,.rs c a z ? .? C? ? `? 7 Z p. rt 3 o^ ? o V a a ? ? C o0 co a. C7 .? a o 1.51 O ? f> P n ° n ~y ° coo co ht:3 c K a j 3 ? nn t> O 0 N r ? ? ? we b 1 O °o at c °° rte o? 0 W 0 O x b n b O z z "? 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List ( see drawings) - 8" x 24" concrete footers, w/4" pert. drain pipe, 2b limestone - 8" continuous block w/2 air vents, exterior sealing. - Vapor barrier and 4" 2b limestone inside crawlspace. - 2 x 6 pt sill, anchored 1' from ends and 6' spacing, foam sill sealer. - 21 /2 " x 91/2 " TJI floor joists 16 " o.c. 15'x 7 " span and 10' x 7 " span, 1 1 /4 " bandboard, first and second floors. - 3/4 " T&G plywood, glued, all flooring. -2 x 6, 16" o.c. exterior walls, single bottom plate, DBL top plate. 2 x 10 headers 7/16 " OSB exterior sheeting, tyveked. - 2 x 12 rafters 16" o.c., 3' collar ties, 2 x 6 fascia. 7/16" OSB sheeting, 30 lb felt paper, 25 year shingle. - R 19 insulation in exterior walls and R 38 in rafters. -1/2_:"drywall glued. and screwed - vinyl siding and aluminum gutters and downs. - T opening to kitchen in existing wall to have 2 x 10 header. - New bathroom on existing second floor (see plumbing spec's). Electrical -14 / 2 to main outlets and lighting 15 amp breakers -12 /2 to bathrooms, and kitchen GUI outlets 20 amp breaker. Window Schedule -1-- 30" x 36" double hung kitchen window - 4 -- 36" x 66" double hung windows (2-living room 2-bedroom) "APPRpveD PLANS PER R??xTIONRI „ DA7E APWRf U; i Ci I;-' -/I h11 b1+ T 14' 0.. 10' 0.. 6' 0.. 00 --- footer line 8" block vent, 0 7------------------------i ?e,t fA00C oq 14' 0" W CC (0 2nd f I oor C-?-) w ,,,- ? ? ?, 6,\,+ -1 1q,S?1, II.I. -/ ,6,O C? U7 U?OM- ar ?` S-Ec-f-101S a N (? it i c - ?. ? -" C?it??c-? ,jet ?? 11Z oc it ? T1t(O77-,IIP Do?w?a 5S C-fio"s CRO i.5' I e 06LI oc? oy?`a,-?C-As 5 X410 t-Ppll? c5cs G(a 2- ?A ;r s11 X9,1 ----,? rr 'r-Oc-" ?orymcrtc ? C? 5A- ?, ?00 r co ,C4 ?c,e5 Vol 0 aD 1-r, A?1-6 f-alr-- la 11 V1. 2' 2 k?A' `C i t C?l o"Or ire • i f i, ?xh?bJ- C J o, ( Y) p1e?eG? l st F loo r F -s I r, i ti {r E t 1 i f ? l j??(G2??"'1 nin 1 (tam ?°liS g v .cam ?.- ariTIVA1 40 0 5iz? $` ... fl o o r 9 4EA'tkl'-? k COMMONWEALTH CODE INSPECTION SERVICES, INC. 290 Mountain Road Liverpool, PA 17045 (717) 444-3008 F:--pa?b AvT, T, Tim Augsburger -? Hammerhead Construction 1288 Boiling Springs Rd. Boiling Springs, Pa. 17007 Tim; In regards to the project at 17 Country Club Pi. East, the inspections were completed as follows: footer inspection on 2/2/09, foundation inspection on 219/09, framing, electric, HVAC, plumbing, with air test fire caulk, and later that day insulation inspections on 3/25/09, drywall inspection 413/09, and a provisional final on 6/30/09. All the work competed was done in an acceptable manner, and in my opinion the project turned out looking great The change on site was.a marked improvement In regards to the electrical panel it was an existing condition and 1 asked Tim to let the Lanza's know that leaving a 100amp service with a 200amp panel could be serious problem and needed to be addressed as soon as possible. The GFCI receptacle that was lacking at the peninsula should be added for code compliance, however rim was locked out of the project before he could complete this task, and that is why there is a provisional final. Sincerely, David H. Morris II Inspector SWOR BE M COMMONWEALTH DP p N YLVANIA NOTARIAL SEAL CHERYL R. GARMAN. Notary Public cam Mill 8oro, Cumberland CouMY MY Commission Expkes May 20, 2012 t'f SETTLEMENT AGREEMENT AND RELEASE This SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement") is made this day of September, 2009, by and between Timothy Augsburger individually and d/b/a Hammerhead Construction (collectively "Augsburger') and Elizabeth and Michael Lanza (collectively the "Lamas") (Augsburger and the Lanzas collectively "the Parties" and each individually a "Party"). WHEREAS, Augsburger and the Lanzas entered into an agreement on December 19, 2008, whereby Augsburger was to build an addition on and remodel the Lanzas' house at 17 East Country Club Place East, Camp Hill, Pennsylvania 17011 ("Lamas Residence") in exchange for the payments of $89,000 (the "December 19, 2008 Agreement"). Thereafter, through oral agreements, Augsburger agreed to perform vazious additional work at the Lanzas Residence ("Additional Work Agreement") (December 19, 2008 Agreement and Additional Work Agreement collectively "Agreements"); WHEEAS, on or around June 8, 2009, as a result of various communications between the Lamas and Augsburger, Augsburger was no longer permitted to enter upon the Lanzas Property; WHEREAS, prior to June 8, 2009, Augsburger was paid all amounts the Lanzas owed Augsburger under the Agreements except for $13,350 ("Unpaid Balance"); WHEREAS, based on their contention that the work was not fully or properly completed, the Lanzas did not pay Augsburger the Unpaid Balance; WHEREAS, on July 17, 2009, Augsburger filed a lawsuit against the Lanzas, Docket No. 2009-4771 (C.P. Cumberland), based on the Lanzas'{Tailure to pay the Unpaid Balance, and also made a claim for additional amounts (which are set forth in Paragraph 17 of his Complaint) 1 of 8 he claimed were owed based on work Augsburger performed at the Lamas Residence and which would have been part of the Additional Work Agreement (the "Lawsuit"); WHEREAS, the Lanzas filed a Counterclaim on August 20, 2009, alleging that Augsburger breached the Agreements, violated the Unfair Trade Practices Act and committed fraudulent and intentional misrepresentation (the "Counterclaim"); and WHEREAS, the Parties are desirous of resolving all claims arising from, or related to, the Agreements, Unpaid Balance, Lawsuit and Counterclaim and any other claim which were or could have been set forth in the Lawsuit and Counterclaim, NOW, THEREFORE, in consideratkm of the payments to be made and actions to be taken pursuant to this Settlement Agreement, and based upon the promises, Yepresentaftorts, and covenants set forth in this Settlement Agreement, with the intent to be legally bound, the Parties agree as follows: 1. PAYMENT 1. The Lanzas agreed to pay Augsburger the principal sum of Ten Thousand and 00/100 Dollars ($10,000.00) (U.S.) ("the Lamas Settlement Amount") by authorizing Metro Bank to deposit the same into one of Augsburger's bank accounts, in consideration for a full and final release, as more fully set forth below, of any and all claims which were, or could have been, made in the Lawsuit, or are related to the Agreement, Unpaid Balance, or any other claim Augsburger, could have made based on the work he or his employer, employee(s), agents, contractors or assigns performed on the Lanzas Residence, and in consideration for the other promises and covenants made by Augsburger in this Settlement Agreement. 2. Prior to authorizing Metro Bank to release the Lanzas Settlement Amount, Augsburger agrees to provide the Lanzas with the three-sided glass shower door and all 2of8 L- accompanying hardware for installation in the master bedroom (as identified in Paragraph 61 of the Lanzas Answer and New Matter), two (2) cherry kitchen cabinets doors, cherry shelves made for the shelving unit in the kitchen, receipts for the windows, French. and back doors, and heating and air conditioning units, ands_1mpieces for the circulaz window (collectively "the Augsburger Settlement Amount). 3. The Augsburger Settlement Amount shall be provided to Richard Bouder at Metro Bank and examined by the Lanzas to determine compliance with this Settlement Agreement. Upon confirmed compliance, the Lanzas shall approve the payment of the Lanzas Settlement Amount. 4 In addition, Augsburger shall not be responsible for making any additional repairs to the Lanzas Residence. 4ELEASES AND INDEMNIFICATION 5. In consideration of the Lanzas Settlement Amount, Augsburger releases and forever discharges the Lanzas, and their heirs, executors, and administrators and attorneys (collectively "Released Lanza Parties"), from any and all claims arising from, or in any manner related to, the facts or events involved or set forth in the Lawsuit, as well as all suits, causes of action, actions, claims, liens, demands, and costs of any kind, name, and nature, in law or equity, whether or not well-founded in fact or law, which Augsburger had, now has, or can or may have at any future time on account of, arising from, connected with, or in any way related to, the Agreements, the Unpaid Balance, or any amount Augsburger could have or did claim was owed by the Lanzas based on his work at or the work of anyone else at the Lanzas Residence, or which could have been claimed by Augsburger in the Lawsuit. 3 of 8 6. in consideration of the Augsburger Settlement Amount, the Lanzas release and forever discharge Augsburger, and his heirs, executors, and administrators and attorneys (collectively "Released Augsburger Parties"), ficom any and all claims arising from, or in any manner related to, the facts or events involved in the Counterclaim (the "Lanzas Release"). However, the Lanzas Release shall not apply to, prevent or prohibit any suits, causes of action, actions, claims, liens, demands, and costs of any kind, name, and natures, in law or equity against Augsburger for personal or property damage or economic harm based on, caused by or related to the work performed by Augsburger at the Lanzas Residence. III. MISCELLANEOUS 7. The Parties agree and acknowledge that they accept the settlements as set forth in Paragraphs 1 and 2 above (collectively "Settlements") as a full and complete compromise of matters involving disputed issues and the controversy which led to this Settlement Agreement, and that neither fulfillment of the Settlements, or any actions or statements by the party's attorneys or representatives prior to, during or following June 8, 2009, shall be considered an admission of any liability or wrongdoing by any of the Parties and/or their attorneys concerning any matter which was or could have been raised in the Lawsuit, Counterclaim or any other lawsuit, and that this Settlement Agreement is purely an act of compromise. 8. The Parties agree that the settlement amounts are a fair and reasonable settlement of each Party's claims arising out of the Agreements and which were or could have been made in the Lawsuit, Counterclaim and further warrant that they have entered this Settlement Agreement voluntarily and of their own accord, without reliance on any inducement, promise, or representations by any other Party, except those which are expressly set forth in this Settlement Agreement. 4of8 0 ?? 1-1 *1 6& ?' 9. Each of the Parties to the Settlement Agreement warrants and represents that he/she has the requisite power and authority to enter into this Settlement Agreement and that any and all authorizations or authorities necessary for the execution, delivery, and performance of this Settlement Agreement have been duly obtained and issued, and that this Settlement Agreement is legal, valid, and binding upon each of the Parties. 10. The Parties to this Settlement Agreement will cooperate fully and take further actions and execute all further instruments and documents as may be necessary or appropriate in order to carry out the purpose of this Settlement Agreement. 11. it is understood by the Parties to this Settlement Agreement that the facts upon which this Settlement Agreement is based hereafter may prove to be other than the facts known by, or believed by, them to be true at the time of the execution of this Settlement Agreement. Each Party expressly accepts and assumes the risk that the facts may prove to be different, and each Party agrees that the terms of this Settlement Agreement shall be effective and not subject to termination or rescission by reason of such difference in facts. 12. This Settlement Agreement contains the entire agreement by and among the Parties with regard to the matters set forth in this Settlement Agreement There are no other understandings or agreements, oral or otherwise, relating to the settlement of the Agreements, Unpaid Balance and Lawsuit, except as set forth in this Settlement Agreement This Settlement Agreement shall not be modified or amended except by a writing signed by all Parties. 13. This Settlement Agreement, including its validity, shall be construed in accordance with, and governed by, the laws of the Commonwealth of Pennsylvania applicable to contracts and instruments executed and to be performed entirely in such state without regard to any choice or conflicts of law provisions requiring reference to the rules of, decisions in, and/or laws of another state or sovereign nation. Jurisdiction over any disputes arising under this 5 of 8 Settlement Agreement, or actions to enforce any provision of this Settlement. Agreement, shall be in the Court of Common Pleas of Cumberland County, Pennsylvania. 14 If any Paragraph, provision, or clause of this Settlement Agreement is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, then such Paragraph, provision, or clause shall be construed so as to render it enforceable to the extent possible. If no possible interpretation would save such Paragraph, provision, or clause, it shall be severed from this Settlement Agreement and the remainder of the Settlement Agreement shall remain in full force and effect. 15. No provision of this Settlement Agreement is to be interpreted for or against any Party because that Party or that Party's legal representatives drafted or participated in the drafting of the Settlement Agreement or any provision of the Settlement Agreement. For the purpose of the construction and interpretation of this Settlement Agreement, each Party will be deemed to be the drafter of the entire Settlement Amt= 16. The Parties agree that the terms of this Settlement Agreement shall be binding upon and inure to the benefit of the Parties and their respective representatives, heirs, executors, administrators, assigns, predecessors, related and affiliated companies, and successors in interest. No other person or entity shall acquire or have any right under or by virtue of this Settlement Agreement, except as expressly set forth in this Settlement Agreement. 17. This Settlement Agreement may be executed in counterparts, each of which will constitute an original and, taken together, shall constitute one and the same instrument. 18. The effective date of this Settlement Agreement shall be the date upon which the last signature necessary for the Settlement Agreement's complete execution shall be made. 19. The Party declwv that the terms of this Settlement Agreement have been completely read, W understood, and acknowledge the right to seek independent legal 6of8 counsel concerning the Settlement Agreement and voluntarily accepted for the purpose of making a full and final compromise adjustment of any and all claims which were raised or which could have been raised in the Lawsuit. IN WITNESS WHEREOF, and intending to be legally bound, the Parties set their hands and seals on the date first above written. Timothy Augsburger, individually Sworn to and subscribed before me this day of , 2009. Notary Public Timothy Augsburger, d/b/a Hammerhead Construction Sworn to and subscribed before me this day of , 2009. Notary Public 7of8 Zx, k', k, + ?, Elizabeth Lanza Sworn to and subscribed before me this day of , 2449. Notary Public Michael Lanza Sworn to and subscribed before me this day of , 2049. Notary Public 8of8 CERTIFICATE OF SERVICE 1, Tunothy Augsbu ger hereby certify ftnt a copy of the ftephV a revised Ver icartion stdoment and New documents for Exhibits was served Otis day by United States Mail and Certified Us Mad Rwoo Nmtw 7009 0080 0001 8044 2337 postage, paid to the tlowbV address: tee S. Cohen, Esquire 5425 Jonestown Rd Soibe 103 HarrisbE% Pa. 17112 Debut Serpbuviberr 25.2W9 Thy 1288 Soiling Spri s Rd. Boiling Springs, Pa. 17007 I•t Fi_r DC Lee S. Cohen PA ID No. 89278 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 rkell Akpc-law.com lcohenAkpc-law.corn TIMOTHY AUGSBURGER IN THE COURT OF COMMON PLEAS HAMMERHEAD CONSTRUCTION, CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. NO. 09-4771 Civil ELIZABETH AND MIKE LANZA, CIVIL ACTION - LAW Defendants. PETITION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1012(d)(1) AND NOW come Petitioners Lee S. Cohen, Esquire, and the law firm of Kelly, Parker & Cohen LLP to petition this Honorable Court for leave to withdraw as counsel for Defendants Elizabeth and Mike Lanza and, in support thereof, aver as follows: Petitioners are Lee S. Cohen, Esquire, and the law firm of Kelly, Parker & Cohen LLP. 2. Defendants are Elizabeth and Mike Lanza ("Lamas") who reside at 17 Country Club Place East, Camp Hill, Pennsylvania 17011. 3. This matter involves a contract dispute between Plaintiff Timothy Augsburger, d/b/a Hammerhead Construction, and the Lanzas based upon a contract entered on December 19, 2008, which required Plaintiff to construct an addition to the Lanzas' residence and remodel part of the Lanzas' existing residence. 4. Plaintiff alleged in his Complaint that the Lanzas did not pay $13,350 of the contract amount. In addition, Plaintiff is claiming additional fees for work performed outside the original contract. 5. The Lanzas responded in their Answer with New Matter and Counterclaim, in part, that Plaintiff did not properly complete all work as agreed upon and the extra work was either not requested or was part of the original contract. 6. Because of the amount in controversy, and the costs associated with retaining counsel to represent them through the litigation process, the Lanzas wish to have undersigned counsel withdraw their appearance and the Lanzas wish to represent themselves through this matter. 7. The Lanzas desire the undersigned counsel, and undersigned counsel has agreed, to continue to assist the Lanzas in moving this matter forward, but not as counsel-of-record. 8. The Lanzas have reviewed and agree to the filing of this Petition. 9. The Lanzas will not be prejudiced by Petitioners' withdrawal from this case as the pleadings have just closed and no discovery has been requested or exchanged to date. WHEREFORE, Petitioners Lee S. Cohen, Esquire, and the law firm of Kelly, Parker & Cohen LLP respectfully request leave to withdraw as counsel in the above-captioned lawsuit. Respectfully submitted, Lee S. Cohen PA ID No. 89278 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 lcohen@kpc-1aw.com Dated: October 6, 2009 2 CERTIFICATE OF SERVICE On this 6`h day of October 2009, I, Pamela L. Russell, a legal secretary with the law firm Kelly, Parker & Cohen LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing PETITION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1012(d)(1) upon the person(s) and at the address(es) below named via: United States First Class Mail: Timothy Augsburger Hammerhead Construction Co. 1288 Boiling Springs Road Boiling Springs, PA 17007 Electronic Mail and Certified Mail, Return Receipt Requested: Michael and Elizabeth Lanza 17 Country Club Place East Camp Hill, PA 17011 elanzagstate.pa.us Or THE P°?`'??`' O NOTARY 2009 OCT -7 Psi O: 4 6 f ?? LY i .. IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA Tam? Acurger- Hammertead Construction 1288 Soiling Springs Rd_ Boiling Smogs. Pa. 17007 Plain Elizabeth and ?Ake Lam 17 Country Club Place East Camp Hill, Pa. 17011 Decants Case No. 09-4771 Civil CML AC710N-LAW Blvach of pct Motion for Summary Judgment The Plaintiff herd mates the Court ward for a Summary Judgment, for the Plaintiff, on finds of failure of Defendants to file. RCPT M, Judgerrwd upon defame RCP1037(b). Date 6 /1--) Plai FILEt} t ,? FJGE OF THE PROT j NOTARY 2009 OCT -6 PM 3: 48 n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Timothy Augsburger Harnmedwat! Coc 4ltion 1288 BoftV Swags Rd. 84Aing . Pa. 17007 Plaintiff V. Case No. 09-4771 Civil CM L ACT +i-LAW Breach Of Corrtract Elizabeth aid Mire Lanza 17 Country Club Puce East Camp Hitt, Pa. 17011 Certificate of Service 1, Timothy Augsburger, hereby certify that a copy of the foregoing order and Motion for Summary Judgment was served this day by United States Mail postage paid to the following address: Lee S. Cohen 5425 Jonestown Rd. Harrisburg, Pa. 17112 Date /0/Z/-Q !2 - Timothy Augsburger 1288 Boiling Springs Rd. Boiling Springs, Pa. 17007 k OF } y NARY 2009 OCT -7 AM 8-- 88 PENNSyLb'AN4A Lee S. Cohen PA ID No. 89278 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 lcohen@kc-law.com TIMOTHY AUGSBURGER HAMMERHEAD CONSTRUCTION, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4771 Civil ELIZABETH AND MIKE LANZA, CIVIL ACTION - LAW Defendants. REPLY TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Defendants Elizabeth and Mike Lanza (the "Lamas"), by and through their counsel, Kelly, Parker & Cohen LLP, respectfully submit their Reply to Plaintiff's Motion for Summary Judgment as follows: 1. Plaintiff's Motion for Summary Judgment is far from clear and concise. It appears Plaintiff is stating he is entitled to summary judgment based on an alleged failure of the Lanzas to file an Answer to Plaintiff's Complaint. However, the Lanzas filed an Answer with New Matter and Counterclaim on August 20, 2009. Thereafter, on September 9, 2009, Plaintiff filed his "Reply to Defendants Answer, and Answer to New Matter, and Counterclaim" (hereafter "Reply"). Because Plaintiff did not include any New Matter or additional claims in his Reply, the pleadings were closed. In addition, to the extent Plaintiff is otherwise attempting to enter default judgment in accordance with Pa. R. Civ. P. 1037(b), not only have the Lanzas filed an Answer to Plaintiff's Complaint, Plaintiff failed to provide a written notice of intention to file a Praecipe to Enter Default Judgment as required by Pa. R. Civ. P. 237.1.. 2. Because of Plaintiff's vexatious conduct and improper motive in filing this Motion, the Lanzas are entitled to recover the attorney fees they spent in responding to this Motion. See 42 Pa. C.S. § 2503. WHEREFORE, Defendants Elizabeth and Mike Lanza request that Plaintiff's Motion for Summary Judgment be denied. Respectfully submitted, tee S. Cohen PA ID No. 89278 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 lcohen kpc-law.com Dated: October 13, 2009 Counsel for Defendants Elizabeth and Mike Lanza 2 VERIFICATION I, Mike Lanza, have read the foregoing REPLY TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT which has been drafted by counsel. The factual statements contained therein are true and correct to the best of my information, knowledge, and belief. Although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. 1t7-q-_cz Date M VERIFICATION I, Elizabeth Lanza, have read the foregoing REPLY TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT which has been drafted by counsel. The factual statements contained therein are true and correct to the best of my information, knowledge, and belief. Although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, l have relied upon counsel in making this Verification. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. L0 9 10q Date CERTIFICATE OF SERVICE On this 13h day of October 2009, I, Lee S. Cohen hereby certify that I have, this day, served a true and correct copy of the foregoing REPLY TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT upon the person(s) and at the address(es) below named via: United States First Class Mail: Timothy Augsburger Hammerhead Construction Co. 1288 Boiling Springs Road Boiling Springs, PA 17007 Lee S. Cohen 9 OCI T 14 F; I . -1 2 ! ' i G i TIMOTHY AUGSBURGER HAMMERHEAD CONSTRUCTION, Plaintiff, V. ELIZABETH AND MIKE LANZA, Defendants. OCT o s zoos IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4771 Civil CIVIL ACTION - LAW ORDER AND NOW, this /57' day of 2009, upon consideration of the Petition for Leave of Court to Withdraw as Counsel, it is hereby ORDERED and DECREED that the Petition is GRANTED and Lee S. Cohen, Esquire, and the law firm of Kelly, Parker & Cohen LLP are withdrawn as counsel in the above-captioned matter. BY THE COURT: FILED-` ,F ?E OF THF lAAY 2009 OCT 16 Ali 9: 56 /O?1V?OR- Cory mxuw-- `r. Augr6?..g?. F111L(=C .~~~~~= PRAECIPE FOR LISTING CASE FOR TRIAL 20}0 f~~R - I ~'~~ I~~ D i (Mast be typewritten and subnnitted in duplicate) ~~_ ~ ~ . TO THE PROTHONOTARY OF CUMBERLAND COUNTY ~'U~"~` r ~ ~~~\`~; Please list the following case: ^ for J[JRY trial at the next term of civil court. for trial without a jury. .. CAPTION OF CASE (entire caption must be stated in full) (check one) n ,~ Civil Action -Law TM~TN1/ /iy~s~u~El~ ^ Appeal from arbitration yAmmE/~2~t;'Rd CONST~ucTjaN ^ /a 88 ,8oic;x~G-Sf~R%~vGS ~A- (other) 30iLiNG .SPA+NG$ ~ P~q-. /700"7' (Plaintiff) vs. /~ Cou~vr,~yCcuu° Rr~cF ~RST C~gmP ~/i ~, 1°+4 . / 711 (Defendant) vs. The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due 5 days before pretrials No. (~ 9' y~7 ~ C~YL Term Indicate the attorney who will try case for the party who files this praecipe: A V ~ihv7 Indicate trial counsel for other parties if known: uNK~vou1~/ This case is ready for trial. Date: /'//~~PC/~ ~ 070 /~ Print Name: Attorney for: ~/~? ~%h~ ~/ ~df G Sc°~/riOG~/~ UG S~tIQG ,y,~5 . UD ~ ~ ~Id~' ~a511 ~a-3 ~17~ Lee S. Cohen PA ID No. 89278 Anthony W. Parker PA ID No. 81251 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 lcohen ,kpc-law.com .~ FiI..E ;~=r~~,~ ~, ~~ ~ 2010 Jt~~ -9 p~ 2~ ~ 1 rc~fv51'LV'~NlA TIMOTHY AUGSBURGER IN THE COURT OF COMMON PLEAS HAMMERHEAD CONSTRUCTION, CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA v. NO. 09-4771 Civil ELIZABETH AND MIKE LANZA, CIVIL ACTION -LAW Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants Elizabeth and Mike Lanza. We are authorized to accept service of all documents in this matter. Respectfully submitted, l~ ee S. Cohen PA ID No. 89278 Anthony W. Parker PA ID No. 81251 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 lcohen(a~kpc-law. com awparker(a~kpc-1 aw. com Dated: June 8, 2010 Counsel for Defendants Elizabeth and Mike Lanza CERTIFICATE OF SERVICE On this 8t" day of June 2010, I, Pamela L. Russell, a legal secretary in the firm of Kelly, Parker & Cohen LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid in Harrisburg, PA: Timothy Augsburger Hammerhead Construction Co. 1288 Boiling Springs Road Boiling Springs, PA 17007 TIMOTHY AUGSB' HAMMERHEAD CO: Pla v. ELIZABETH and Defe ORDER OF COURT bench trial, GER IN THE COURT OF COMMON PLEAS OF TRUCTION, CUMBERLAND COUNTY, PENNSYLVANIA .tiff NO. 09-4771 CIVIL TERM IKE LANZA,: .dants CIVIL ACTION - LAW AND NOW, this 19th day of July, 2010, after a find in favor of Defendants Elizabeth and Mike Lanza and agai~st Plaintiff Timothy Augsburger on the claim for extra work. Mike Lanza and counterclaim i agreed to the decline to awa We find in favor of the Defendants Elizabeth and against Defendant Timothy Augsburger on the z the amount of $7,640.30. Insofar as we find as a fact that the Defendants installation of floor model display cabinets, we rd treble damages under the UTPCPL. By Edward E. Guido, J. rger struction prings Road C~ Q s, PA 17007 ~=_ ,~ -~z ~~ 4 L~ Esquire ~--' -- `~~ ` ~~~~' & Cohen, LLP _ -- '"`-=' nd Street, 10th Floor _ _ "~' 17101 "~ t-_. .~ /Timothy Augsbu Hammerhead Con 1288 Boiling S Boi ing Spring Lee S. Cohen, Kelly, Parker 300 North Seco Harrisburg, PA srs ~~~~ E.s , ~~~4 ~ ~~ ,' JUL 3 0 2010 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Timothy Augsburger Hammerhead Construction Case No: 09-4771 Plaintiffs v. Elizabeth and Mike Lanza Defendants MOTION FOR RECONSIDERATION ORDER It is hereby ORDERED, DECREED and ADJUDGED that the following Motion for Reconsideration filed by the ~~u%~~• Plaintiff in the above captioned matter is hereby g~~ ~+~ ~. ~~ `r A~.~, s a./r~ ~.~D ri ~~ :--„ ~ --1 d [~` ___ :,~ t ~ A~ i '..~ ~ f`~ Elizabeth Lanza 17 Country Club Place East Camp Hill, PA 17011 717-571-8222 TIMOTHY AUGSBURGER HAMMERHEAD CONSTRUCTION, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-4771 Civil ELIZABETH AND MIKE LANZA, CIVIL ACTION -LAW Defendants. Address of Plaintiff: c d --~ 1288 Boiling Springs Road, F:;°~ ° Boiling Springs, PA 17007 ~~ ' ~~ AMENDED ~ ~ ~~s ~ ~ PRAECIPE FOR WRIT OF EXECUTION ~ ~ ~ ~' ~ `r_ ~ ~~ TO THE PROTHONOTARY: ~ a, 4 c=a -~-~i ca Issue writ of execution in the above matter, ~ ~'~' ..~~ (1) directed to the Sheriff of Cumberland County; (2) against Timothy Augsburger, 1288 Boiling Springs Road, Boiling Springs, P A 17007; (a) levy upon any and all property of the Plaintiff. (3) against Metro Bank, 65 Ashland Avenue, Carlisle, PA 17013, Garnishee; and (4) and enter this Writ in the Judgment Index (a) against Timothy Augsburger. (5) Amount due: $7,640.30. Respectfully submitted, ~'ra.~~D,~~~.Q Elizabeth anza 17 Count Club Plac ast Camp Hill, PA 17011 717-571-8222 emc691 @hotmail.com Dated: October 1, 2010 Defendant r Elizabeth Lanza 17 Country Club Place East Camp Hill, PA 17011 717-571-8222 TIMOTHY AUGSBURGER HAMMERHEAD CONSTRUCTION, Plaintiff, v. NO. 09-4771 Civil ELIZABETH AND MIKE LANZA, CIVIL ACTION -LAW Defendants. Address of Plaintiff: 1288 Boiling Springs Road, Boiling Springs, PA 17007 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Issue writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; a ~ ~~ ~~ -a ~r ~n N ~o .moo` ~° c~ ©,? - r c,,, :~ -c (2) against Timothy Augsburger, 1288 Boiling Springs Road, Boiling Springs, PA 17007; (3) against Metro Bank, 65 Ashland Avenue, Carlisle, PA 17013, Garnishee; and (4) and enter this Writ in the Judgment Index (a) against Timothy Augsburger. (5) Amount due: $7,640.30. Respectfully submitted, l;amp,1~t111, YA 1 /U 1 1 717-571-8222 emc691 @hotmail.com Dated: September 21, 2010 Defendant ray, Sd ~.~ ~~~{~' C4S~. Q,i+k ~yQ',~S'1 fily0U c~s~ ~F r 3 s' , so pdt . g a. AU True C ~ , r PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2009-04771 AUGSBURGER TIMOTHY ET AL (vs) LANZA ELIZABETH ET AL Reference No... Filed......... 7/17/2009 Case Type...... COMPLAINT Time. ... i ~D t 9.57 21/2010 9 Judgment..... 7,640.30 on a e Execut / Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. i l 0/00/0000 ------------ Case Comments ------------- gher Crt .: H Higher Crt 2.: ******************************************************************************** General Index Attorney Info AUGSBURGER TIMOTHY PLAINTIFF PRO SE 1288 BOILING SPRINGS ROAD BOILING SPRINGS PA 17007 HAMMERHEAD CONSTRUCTION PLAINTIFF PRO SE 1288 BOILING SPRINGS ROAD BOILING SPRINGS PA 17007 LANZA ELIZABETH DEFENDANT COHEN LEE S 17 COUNTRY CLUB PLACE EAST CAMP HILL PA 17011 LANZA MIKE DEFENDANT COHEN LEE S 17 COUNTRY CLUB PLACE EAST CAMP HILL PA 17011 ******************************************************************************** Judgment Index Amount Date Desc AUGSBURGER TIMOTHY AUGSBURGER TIMOTHY AUGSBURGER TIMOTHY 7,640.30 7/19/2010 ORDER OF COURT 7,640.30 9%21%2010 WRTMOFTEXECUTION ******************************************************************************** * Date Entries - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 7/17/2009 COMPLAINT - CIVIL ACTION - BREACH OF CONTRACT FILED BY PLFF PRO SE ------------------------------------------------------------------- 8/06/2009 SHERIFF'S RETURN - 7/31/09 - COMPLAINT AND NOTICE UPON DEFT AT 17 COUNTRY CLUB PLACE EAST CAMP HILL 17011 SHERIFF'S COST $41.50 ------------------------------------------------------------------- 8/20/2009 ANSWER WITH NEW MATTER AND COUNTERCLAIM - BY LEE S COHEN ATTY FOR DEFTS ------------------------------------------------------------------- 9/09/2009 REPLY TO DEFTS ANSWER AND ANSWER TO NEW MATTER AND COUNTERCLAIM -BY PLFF ------------------------------------------------------------------- 9/21/2009 PRAECIPE FOR LAW FIRM AND COUNSEL CHANGE OF ADDRESS - BY LEE S COHEN ATTY FOR DEFTS ------------------------------------------------------------------- 9/25/2009 PRAECIPE TO ADD REVISED VERIFICATION AND NEW EXHIBITS - BY PLFF ------------------------------------------------------------------- 10/06/2009 MOTION FOR SUMMARY JUDGMENT - BY PLFF 10/07/2009 PETITION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1012D1 - BY LEE S COHEN ATTY FOR DEFTS ------------------------------------------------------------------- 10/07/2009 CERTIFICATE OF SERVICE - ORDER AND MOTION FOR SUMMARY JUDGMENT UPON DEFTS COUNSEL - BY PLFF ------------------------------------------------------------------- 10/14/2009 REPLY TO PLFFS MOTION FOR SUMMARY JUDGMENT - BY LEE S COHEN ATTY FOR DEFTS ------------------------------------------------------------------- 10/16/2009 ORDER - 1 015/09 IN RE: PETITION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL PU SUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1012D1 - PETITION IS GRANTED - BY KEVIN A HESS J - COPIES MAILED 10/16/09 12/03/2009 MOTION FOR SUMMARY JUDGMENT ON THE PLEADINGS - BY PLFF TIMOTHY AUGSBURGER P.YS511 Cumberland County Prothonotary's Office Page Civil Case Print 2009-04771 AUGSBURGER TIMOTHY ET AL (vs) LANZA ELIZABETH ET AL Reference No... Filed......... 7/17/2009 Case Ty e...... COMPLAINT Time. ... 9.57 Judgmen~..... 7,640.30 Execution Date 9/21/2010 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ------------------------------------------------------------------- 12/10/2009 JUDGMENT ENTERESONNORCABOUTOI2%3%pgENTBY PLFF MOTION FOR SUMMARY ------------------------------------------------------------------- 12/10/2009 NOTICE TO LIST CASE FOR ARGUMENT COURT - BY PLFF ------------------------------------------------------------------- 12/14/2009 REPLY TO PLFFS MOTION FOR SUMMARY JUDGMENT ON THE PLEADINGS - BY DEFTS ------------------------------------------------------------------- 1/07/2010 ORDER - 1/6/10 IN RE: PLFFS MOTION FOR SUMMARY JUDGMENT - MOTION FOR SUMMARY JUDGMENT IS DENIED - BY KEVIN A HESS PJ - COPIES MAILED 1/7/10 ------------------------------------------------------------------- 3/O1/2010 PRAECIPE FOR LISTING CASE FOR NONJURY TRIAL BY - PLFF ------------------------------------------------------------------- 3/22/2010 ORDER OF COURT - 3/18/10 - PRETRIAL CONFERENCE IS SCHEDULED OFR 4/5110 AT 1:00 PM IN CR3 CUMBERLAND COUNTY COURTHOUSE - BY EDWARD E GUIDO J - COPIES MAILED 3/22/10 ------------------/--/----------------------------------------------- 4/08/2010 GUIDO OF-COOPIES MAILED 4/8/10 PRETRIAL CONFERENCE - BY EDWARD E ------------------------------------------------------------------- 6/09/2010 PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFTS - BY LEE S COHEN ESQ ------------------------------------------------------------------- 7/19/2010 ORDER OF COURT - DATED JULY 19, 2010 - AFTER A BENCH TRIAL WE FIND IN FAVOR OF DEFENDANTS ELIZABETH AND MIKE LANZA AND AGAINST PLAINTIFF TIMOTHY AUGSBURGER ON THE CLAIM FOR EXTRA WORK WE FIND IN FAVOR OF THE DEFENDANTS ELIZABETH AND MIKE LANZA AND AGAINST DEFENDANT TIMOTHY AUGSBURGER ON THE COUNTERCLAIM IN THE AMOUNT OF $7640.30 INSO FAR AS WE FIND AS A FACT THAT THE DEFENDANTS AGREED TO THE INSTALLATION OF FLOOR MODEL DISPLAY CABINETS WE DECLINE TO AWARD TREBLE DAMAGES UNDER THE UTPCLP BY THE COURT EDWARD E GUIDO J COPIES MAILED 7/19/2010 ------------------------------------------------------------------- 7/30/2010 MOTION FOR RECONSIDERATION - BY TIMOTHY AUGSBURGER PLFF ------------------------------------------------------------------- 8/02/2010 ORDER - DATED 08-02-10 - IN RE: MOTION FOR RECONSIDERATION - MOTION FILED BY PLFF IS DENIED - BY EDWARD E GUIDO J - COPIES MAILED 08-02-10 ------------------------------------------------------------------- 9/O1/2010 PRAECIPE FOR ENTRY OF JUDGMENT ON THE ORDER AND JUDGMENT ENTERED IN THE AMOUNT OF $7640.30 BY LEE S COHEN ESQ ------------------------------------------------------------------- 9/O1/2010 NOTICE MAILED ------------------------------------------------------------------- 9/21/2010 PRAECIPE FOR WRIT OF EXECUTION AND WRIT OF EXECUTION ISSUED - GARNISHEE METRO BANK - BY ELIZABETH LANZA DEFT $2.00 DUE CO - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 2 ******************************************************************************** * Escrow Information * Fees & Debits Be~ Bal Py*mts/Ad~ End Bal ******************************** ******** ****** ******************************* COMPLAINT TAX ON CMPLT SETTLEMENT AUTOMATION JCP FEE NOTARY PRAECIPE TRIAL JDMT WRIT OF EXEC GARNISHEE 55.00 .50 8.00 5.00 10.00 3.00 25.00 14.00 24.00 .50 145.00 55.00 .50 8.00 5.00 10.00 3.00 25.00 14.00 24.00 .50 145.00 .00 .00 .00 .00 .00 .00 .00 .00 PYS511 Cumberland County Prothonotary's Office Page 3 Civil Case Print «,2009-04771 AUGSBURGER TIMOTHY ET AL (vs) LANZA ELIZABETH ET AL Reference No... Filed......... 7/17/2009 Case Ty e...... COMPLAINT Time. ... 9.57 Judgmen~..... 7,640.30 Execution~Date 9/21/2010 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** * End of Case Information ******************************************************************************** ~r~G~ ~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4771 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ELIZABETH AND MIKE LANZA Defendant (s) From TIMOTHY AUGSBURGER , 1288 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007 (1) You are directed to levy upon the property of the plaintiff (s)and to sell ANY AND ALL PERRSONAL PROPERTY . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$7,640.30 Interest Atty's Comm Atty Paid $14.00 Defendant Paid $24.50 Date: SEPTEMBER 21, 2010 (Seal) REQUESTING PARTY: L.L. Due Prothy $2.00 Other CostsTO BE ADDED ~CLlf.lr~ ~~1~~~( /~~Js~ David D. uell, Prot onotary By: Deputy Name ELIZABETH LANZA, DEFENDANT Address: 17 COUNTRY CLUB PLACE EAST, CAMP HILL, PA 17011 Attorney for: Telephone : 717-571-8222 Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson A.. ~ ~~•.> Sheriff ; 4 " ~_ 1.1 ~' ~' {" ~ ~ ~- ~~ti1ti~tq of ~apoirrtJ;~~,~ ~~: I ~"~~ ~~~,~ 1 i`~'r!(a 3~, 4~l,. Jody S Smith Chief Deputy ~'' "~K . • ,~; t ~ ~ ~ 9 ` ~ ~ I'~ ~ ~ ~ 1 Richard W Stewart ~'-` '° 43FCi~EpFTt-E*NERIf~F ~..~~~~~.7t..s~}}.,.44.,,i,l}~..~ ~~~'~d Solicitor ~ ~ ` ~ I ~ t~ ~ } ~'~ n~ ~ ~ kS ad L's i ~,~;~ 8 r ~ f 1 S' Elizabeth Lanza (et al.) Case Number vs. Timothy Augsburger 2009-4771 SHERIFF'S RETURN OF SERVICE 10/06/2010 02:55 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on October 6, 2010 at 1455 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Timothy Augsburger, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Ellen Ballew, Customer Service Representative, personalty three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. SO ANSWERS, October 07, 2010 RON R ANDERSON, SHERIFF Step n Bender, eputy (cl CourttySuile Shenff. Teieosoft. Inc. t ~ Elizabeth Lanza 17 Country Club Place East Camp Hill, PA 17011 717-571-8222 TIMOTHY AUGSBURGER HAMMERHEAD CONSTRUCTION, Plaintiff, v. ELIZABETH AND MIKE LANZA, Defendants. ~~~~a-o~F~c~ 0~ Thic F'ROT~iONOTARY 2fli0 Q~T 26 AM 9~ 43 GUMBERL~,NO GORlNTY IN THE COURT OF COMMON P~E~~YLVANIA CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4771 Civil CIVIL ACTION -LAW TO: Metro Bank 65 Ashland Avenue Carlisle, PA 17013 I~,~sw~2~' '~ INTERROGATORIES IN ATTACHMENT You are required to file answers to the following interrogatories within twenty (20} days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe Timothy Augsburger any money or were you liable to Mr. Augsburger on any negotiable or other written instrument, or did Mr. Augsburger claim that you owed him any money or were liable to him for any reason? If so, how much did you owe Mr. Augsburger; identify the negotiable/written instrument upon which you were liable to Mr. Augsburger; and/or state how much money Mr. Augsburger claimed you owed him? ANSWER:. Defendant has 2 accounts held as joint entities with Janel Augsburger. 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by Timothy Augsburger? If so, identify the property. ANSWER: see answer to question 1 2 At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by Timothy Augsburger or in which Mr. Augsburger held or claimed any interest? If so, identify the property. ANSWER: n o 3 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which Timothy Augsburger had an interest? If so, identify the property. ANSWER: n o 4 At any time before or after you were served did Timothy Augsburger transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? If so, identify the property. ANSWER: n o 6. At any time after you were served did you pay, transfer or deliver any money or property to Timothy Augsburger or to any person or place pursuant to Mr. Augsburger's direction or otherwise discharge any claim of Mr. Augsburger against you?. If so, identify the property and/or amount of money and to whom the money/property was paid, transferred or delivered. ANSWER: no 6 7. At the time you were served or at any subsequent time, did you have or share any safe- deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, or collateral in which there was an interest claimed by Timothy Augsburger? no ANSWER: 7 8. Identify every account (not previously noted), titled in the name of Timothy Augsburger or in which you believe Mr. Augsburger has an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account or otherwise. ANSWER: Defendant has 2 accounts xxxxx6345 held jointly with Janel Augsburger. 2nd Account xxxxx4530 held jointly with Janel Augsburger 9. To the extent that your answer to any of the above Interrogatories depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same),. ANSWER: Respectfully submitted, Elizabeth Lanza 17 Country Club Place East Camp Hill, PA 17011 717-571-8222 emc691 @hotmail.com Dated: September 21, 2010 Defendant 9 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIG TURF) RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy E_ OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 November 8, 2010 To Whom It May Concern: of ?unt?Prt? RICHARD W. STEWART Solicitor Timothy Augsburger vs Elizabeth and Mike Lanza Writ No. 2009-4771 Property Claim Determination Reference is made to Property Claim dated October 29, 2010, entered by Janel C. Augsburger, Writ of Execution No. 2009-4771 Civil Term, Timothy Augsburger vs. Elizabeth and Mike Lanza. Ronny R. Anderson, Sheriff, has determined that the claimant, Janel C. Augsburger, in the above mentioned property claim, is the owner of the property set forth in the claim. The Glastron boat and trailer are solely the property of Timothy Augsbburger, and are not included in the property claim. cc Elizabeth Lanza, Defendant Mike Lanza, Defendant Timothy Augsburger, Plaintiff Janel C. Augsburger, Claimant NOTICE OF PROPERTY CLAIM Timothy Augsburger In the Court of Common Pleas Cumberland County,, Pennsylvania VS Elizabeth and Mike Lanza No. 2009-4771 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Janel C. Augsburger, claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 10-29-10 - eCumberland County- Cc Elizabeth Lanza, Defendant Mike Lanza, Defendant Timothy Augsburger, Plaintiff Janel C. Augsburger By r a PROPERTY CLAIM p ? },,?? aa _ VS TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 7 The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE (? ?r !a d-'°`A.: ,°?.^ r "' _4"*.2`:!7 i °t- 4`.4 }? .:3 ?6 j,j % / `?' •-vT' +.J ,? S ira ?. 'P ?` ?/ ?^r -1z A --------------- rr ' J?C F? e$J?? ?aa" L dL F'T ?f..,? °?'V 0...s, av - ?°' "' ;i? 10 d?j j j' p L 110 ? + ? I) A10 ?Y, p¢.?_ C.? 9?i d b 5...: . - 'Ile TTW. LATMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: being duly sworn according to law, deposes and says that the above list in the property claim are correct and true. b d to before me'°' l'1 Swo and subscri da of NOTARIAL SEAL claimant C' M1TM, NQTAR(PUBJC Not6xy Pub Carlisle Boren, Cumberland County My Commission Expliras April 4, 2013 f r s` C? "5;0'ei' V 6:T p 10.E ? Date Claimant ?° ?'t--? State of Penn ylvania: County of Cumberland ...m..eo®^?°'° -.+.?.?.+ r ? t.® n ` ., p ?? i\ ? i. ,? /y V,yf y} - ? E > /' I-ii y y.. ? l t L? 6JC. f M V?oo ?,t /ry :Y? [d "+` (L! /r fe ®Is-e="! ?? f G CO 4I /?'?' ,. "m' '4D.J r ,. ? C? CfFC? i ?? 67C GGG r ' it f ?yo r of i ry ?. CAD d b itr•PF'ib`VtOLTT! F.f ?G??`; ( /C,+? ® 00 ? Ve'l QC 3 0 "moo P) ': s ? ?t?? gyp/` ?? ??; 1 as "7- ?®v Is- 0 11tf,'l' r93 f DA. 4) 1?""' y#?!r""/'V f lid.. JG.°' "°" d^iE d.?r' ?d t+ 66 60 c,2 e - (/) ??,? ?'rt??.+?°'.r ?' ?`?s?. ?? ? ??r ??6.k? /fir L.? eb _?? F b" ?d Cd g ? w J g yy ,? ,?,,r s; ?V 01) r Iv '77W,&6 C t ?7 r c Y 67 67 -7.4 Ali vil C, 7-C t? Eye f 6 N< 6s -1d7 Ids f (dell /0 0 Z4 'V,'U C14 YC T iAp 191 ?= - Vc- 'o 69-1 45-0 gfl? 7 -6 7-0 C ,° (-- P ® C 7 ? r r , /"," 7-4 r? ?® ; Lee S. Cohen PA ID No. 89278 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 rkelly(&knc-law.corn 1cohenalkpc-law.com FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 13 PM 1: 10 CUMBERLAND COUNTY P'EN'NSYLVANIA TIMOTHY AUGSBURGER HAMMERHEAD CONSTRUCTION, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4771 Civil ELIZABETH AND MIKE LANZA, CIVIL ACTION - LAW Defendants. PRAECIPE TO MARK SATISFIED. DISCONTINUED AND ENDED TO THE PROTHONOTARY: Please mark the judgment filed in the above-captioned matter satisfied and the matter filed at Docket No. 09-4771 Civil discontinued and ended. L-? Lee S. Cohen Attorney ID 89278 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 lcohen@kpc-law.com Attorneys for Defendants Elizabeth and Mike Lanza Dated: December 10, 2010 CERTIFICATE OF SERVICE On this 10th day of December, 2010, I, Wanda L. Hoffman, a paralegal in the firm of Kelly, Parker & Cohen LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing PRAECIPE TO MARK SATISFIED, DISCONTINUED AND ENDED upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid in Harrisburg, PA: Timothy Augsburger Hammerhead Construction Co. 1288 Boiling Springs Road Boiling Springs, PA 17007 f ' In Wanda L. Hoffman Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FILED-OFRCE °r THE PRDTH W6 TARY 1#0'10 DEC 15 PM 12: 5 -U7 r,0U-N 6 `if PENNSYLVANIA Elizabeth Lanza (et al) vs. Case Number Timothy Augsburger 2009-4771 SHERIFF'S RETURN OF SERVICE 10/06/2010 02:55 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on October 6, 2010 at 1455 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Timothy Augsburger, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Ellen Ballew, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution. and made the contents there of known to her. 10/20/2010 08:28 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2010 at 2028 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Timothy Augsburger, by making known unto Timothy Augsburger, at 1288 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007, its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was not completed, as Augsburger refused to allow the deputies inside the residence to do a levy. A levy was completed on October 21, 2010 by Deputies Michael Barrick and Dennis Fry. Postcard and copy of levy mailed to plaintiff Elizabeth Lanza and letter mailed to defendant on 10-22-10. 10/29/2010 On Friday, October 29, 2010, at 1309 hours, a property claim was filed by Janel C. Augsburger. All parties notified by mail this date. 11/29/2010 No objections filed to property claim determination. Refunded $ 25.00 to claimant. 12/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff. SHERIFF COST: $159.13 December 14, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF B S aron R. Lantz o? G?? jd ! C Gl . a4t `? 79-- 9 t # DS?S/?-- SHERIFF'S OFFICE OF CUMBERLAND COUNTY (Cj CCUrtySufte Shenft, Teieoso`;t, tnG WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4771 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ELIZABETH AND MIKE LANZA Defendant (s) From TIMOTHY AUGSBURGER, 1288 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007 (1) You are directed to levy upon the property of the plaintiff (s)and to sell ANY AND ALL PERRSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$7,640.30 Interest Atty's Comm % Atty Paid $14.00 Defendant Paid $24.50 Date: SEPTEMBER 21, 2010 (Seal) L.L. Due Prothy $2.00 Other CostsTO BE ADDED David . Buell, Protho I By- Deputy REQUESTING PARTY: Name ELIZABETH LANZA, DEFENDANT Address: 17 COUNTRY CLUB PLACE EAST, CAMP HILL, PA 17011 Attorney for: Telephone: 717-571-8222 Supreme Court ID No. TRUE COPY FROM RECORD Y ,1 here unto set nWt4l/ ? 00 1 J/ Court at Carl- ie, Pa, IV 20 ?? Prothonotaryr..