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Home My WebLink About01-0257Jesse R~ya~ud Rubl, Esquire PA At~. No.: 55798 36 S. Hanover Slxeet P.O. Box 1319 Carlisle. PA 17013 (717) 2414513 (717) 241-4829 (fax) JOSEPH ALLISON and SHARON ALLISON Plaintiffs, HENRY BERKEBILE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: )1- 57 JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 AVISO USTED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de ia notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte pot escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya, Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado pot el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 JOSEPH ALLISON and SHARON ALLISON Plaimiffs, HENRY BERKEBILE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiffs Joseph Allison and Sharon Allison., by their attorney, Jesse Raymond Ruhl, Esquire, and file the within Complaint as follows: 1. Plaintiffs are husband and wife presently residing at 403 E. Main Street Dallastown, PA. Defendant is an adult individual with a principal place of business located at 3770 Arbor Drive, Red Lion, PA 17356. 3. On or about September 2000, Plaintiffs and Defendant entered into a contract whereby Defendant agreed to repair Plaintiffs' roof. Defendant commenced repairs to the Plaintiffs' roof by removing all of the shingles on Plaintiffs' roof. Thereafter, Defendant, for reasons unknown to Plaintiffs, stopped making repairs to the roof and left the job, leaving Plaintiffs' property exposed to the elements for several weeks. As a result of the exposed roof which existed over a period of several weeks, two rain storms on September 25, 2000 and October 18, 2000 caused damage to Plaintiffs' premises in the amount of $4,354.84. COUNT I BREACH OF CONTRACT The foregoing averments are incorporated herein by reference. Defendant breached the contract with Plaintiffs by failing to complete the roofing repair in a timely manner, by leaving the Plaintiffs' roof and building exposed to the elements, and by not completing the roofing job as promised. As a result of Defendant's breach, Plaintiffs have suffered damage in the mount of $4,354.84. 2 Wherefore, Plaintiffs Joseph Allison and Sharon Allison demand judgment in their favor and against Defendant in the amount of $4,354.84, plus costs, interest and attorney's fees. COUNT II NEGLIGENCE 10. The foregoing averments are incorporated herein by reference. 11. Upon commencement of the roofing repairs, Defendant had a duty to proceed with diligence and haste to complete the repairs in a timely manner. 12. Defendant breached his duty to Plaintiffs by failing to complete the roofing job, by failing to protect Plaintiffs' property from damage, by refusing to return to the roofing job, by leaving the roofing job and not completing the job, and by failing to protect Plaintiffs' property from damage. 13. As a proximate result of Defendant's negligence, Plaintiffs suffered damage in the amount of $4,354.84. 3 WHEREFORE Plaintiffs Joseph Allison and Sharon Allison demand judgment in their favor and against Defendant in the amount of $4,354.84, plus costs, interest and attorney's fees. Dated: January 12, 2001 LAW OFFICI By: ~ F~ND RUHL aymond Ruhl Jesse/ PA/~ tty I.D. No. 55798 36 S. Hanover Street P.O. Box 1319 Carlisle, PA 17013 (717) 241-4813 (717) 241-4829 (fax) 4 VERIFICATION Jesse Raymond Ruhl deposes and says, subject to the penalties of 42 Pa.C.S.A. 4904, relating to unswom falsification to authorities, that he is the attorney for the Plaintiffs in this action, that he has investigated the facts of the Complaint as set forth therein, that his knowledge of the facts of this case as well as the legal issues involved make him the best person to make this Verification, and the facts set forth in the foregoing Complaint are tree and correct to the best of his knowledge, information and belief. less¢ Raymoud Rulil, Esquire PA At,t. NO.: 5579g 36 S. lq.~lover S~reet P.O. Box 1319 Carlisle, PA 17013 (717) 241-4813 (717) 241-4829 (fax) JOSEPH ALLISON and SHARON ALLISON Plaintiffs, HENRY BERKEBILE, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly re-issue the Complaint filed in this case. Dated: February 13, 2001 LAW~OF~ JE SV~YMOND RUHL PA. Atty I.D. No. 55798 36 S. Hanover Street P.O. Box 1319 Carlisle, PA 17013 (717) 241-4813 (717) 241-4829 (fax) Attorney for Plaintiffs SHERIFF'S RETURN CASE NO: 2001-00257 P COMMONWEALTH OF PENNSYLV~kNIA: COUNTY OF CUMBERLAND ALLISON JOSEPH ET AL VS BERKEBILE HENRY - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BERKEBILE HENRY but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, & NOTICE He therefore Pennsylvania, On March 9th , 2001 attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge York County 18.00 9.00 10.00 26.90 .00 63.90 03/09/2001 JESSE R. RUHL Sworn and subscribed to before me this j~' day of ~ J_m<)/ A.D. Prothonotary this office was in receipt of the So answers ://Y J/~.--c~ Sheriff of Cumberland County COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ Joseoh A.]]ison, et. a]. g. DEFENDANT/~ Henry Berkebile SERVICE CALL (717) 771-9601 PLEASE TYPE ONLy LINES 1 TO: 12 2. COURTNUMBER 01--257 Civil 4. ~PE OF WRIT OR COMPLAINT Notice & Complaint Reinstated SERVE I Henry Berkebile 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, Bono, TWp., STATE AND ZIP CODE AT 3770 Arbor Drive, Red Lion, PA 17356 7. INDICATE SERVICE: [3 PERSONAL [3 PERSON IN CHARGE [;~DEPUTIZE C ur~ga~ld o 1 ST CLASS MAll.,- ~ (3 POSTED NOW 2/14/0] 19 I, sHE RIFF OF)~ ~, do he~rebva~/~e ~e sheriff of ~ orK -- COUNTY to ex~i~l~~~f according to law. This deputation being made at the request and risk of the plaintiff. ]~ ~' .... 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR [~ESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. OTHER ADVANCE FEE PAID BY CU~ERLAND COUNTY SHERIFF NOTE ONLY APPLICAaLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sllerilf levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pa~t of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYP A RN IGINATOR and SIGNATURE 2/13/01 36 S. HANOVER ST., PO BOX ~, CARLISLE, PA 17013 (717) 241-4813 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF T~ SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14, Date Received 15. Expiration/Hearing Date orcompJaintasindicatedabove,__ / J. LUDWIG 2/16/01 3/15/01 18, HOW SERVED: PERSONAL~. RESIDENCE ~. POSTED ( ) POE { ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 17. El I hereby certify and return ~NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above. (See remarks below.) 18~NAM~AND~T~TLE~F~ND~v~DUAL~ER~ED~L~STADDR[~S~ERE~FN~TSH~wNAB~vE(Relab~n~hip~D~fe~da"t~~/'~ ~/ ~' ~-~-~ i ~ 19. Dat of ervice 20 TimeofSe ice ~7~O ( 21.ATTE'MPTI3T'Date~Tlme--'e~'~es Int. Date TimeIMilesJlnt. Date l Time ' Miles Int. Date Time Miles Int. DatelTime Mgesl I'nt. Date Time Mile~-In~. / [ I , , Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound] 30. Notary Fee ~a. 18.00 6.90 ~ 100.00 24,90 I 2.00 34. Foreign County Costs 35. Advance Costs 36. Sen/ice Costs 37, Nota~/Cert. I 38. Mileage/Postage/N.K 31. Surcharge ~01 39. Total Costs J 40, Cost Due or Refund ANSWER. 41.AFFIRMED and subscribed to before me this 7 44. Signature of ~ ,~ ~ ~ S~ ~? n -- 42 '~ MARCH ~ 2~fll 45. Signalure of York ' ~ [ ~ /~.~ . ~ 48. Date 43.~C. ~~ FOE WILLIAN H. HOSE~ ~~ 3-7-01 ~r~t~,~.,. 46. Signature of Foreign 4g Date OFA~~~~ / I JOSEPH ALLISON and SHARON ALLISON Plaintiffs, HENRY BERKEBILE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-257 Civil JURY TRIAL DEMANDED IMPORTANT NOTICE TO: Henry Berkebile 3770 Arbor Drive RedLion, PA 17356 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DATED: April 3, 2001 Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 Je , 36 ~. Hanover Street P.~. Box 1319 C~rl'lsle, PA 17013 (717) 241-4813 (717) 241-4829 (fax) Esquire Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on this April 3, 2001, I caused a tree and correct copy of the foregoing Important Notice to be served upon the following by first class mail, postage prepaid: Henry Berkebile 3770 Arbor Drive Red Lion, PA 17356 Jesse Raymond Ruifl, Esquire PA Arty, No,: 55798 36 S. Hanover Street P.O. Box 1319 Carlisle, PA 17013 (717) 2414813 (717) 241-4829 (fax) JOSEPH ALLISON and SHARON ALLISON Plaintiffs, HENRY BERKEBILE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COLrNTY, PENNSYLVANIA NO: 01-257 Civil JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT TO THE PROTHONOTARY: Please enter Judgment of Default in favor of Plaintiffs Joseph Allison and Sharon Allison and against Defendant Henry Berkebile in the amount of $4,609.56 for Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Attached as Exhibit "A" is a copy of the Sheriff's Return reflecting Defendant was served with the Complaint on March 2, 2001, and Defendant's answer was due to be filed on March 22, 2001. Attached as Exhibit "B" is a copy of Plaintiffs' written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the Defendant at his last known address on April 3, 2001, which is at least ten (10) days prior to the filing of this Praecipe. The amount of judgment was calculated as follows: Amount Claimed Interest (6%) 9/25/00 thru 4/16/01 Filing Fees Sheriff's Cost Total $4,354.84 145.32 45.50 63.90 $4,609.56 Dated: April 19, 2001 LAW OFFICES OF JESSE RAYMOND RUHL By: Jess PA ItyI.D. No. 55798 36 . Hanover Street P.O. Box 1319 Carlisle, PA 17013 (717) 241-4813 (717) 241-4829 (fax) Attorney for Plaintiffs EXHIBIT "A" COUNTY OF YORK OFF CE OF THE SHE IF:F 28 EAST MARKET S%. YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLAINTIFF/S/ Joseoh Allison, et. al. DEFENDANT/S/ Henry Berkebile SERVICE CALL (717) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 2. COURTNUMSER 01--257 Civil 4. TYPE OF WRIT OR COMPLAINT Notice & Comp]aint Reinstated SERVE ~" 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD. Henry Berkebile 6, ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO, CITY], 8CRC, TWP.. STATE AND 71p CODE AT 3770 Arbor Drive, Red L±on, PA 1'7356 7 INDICATE SERVICE: r~ PERSONAL r~ PERSON IN CHARGE [~DEPUTIZE CU~I~Jd 0 1ST CLASS MAI~ ,.-;~ C~ POSTED NOW 2/14/0] 19 __ I, SHERIFF O~ ~, do hereb~,~,~"tj_'~l~ tl)e sheriff of ¥ O r k COUNTY to ex~l~'...;4 ¢r,~'"~ f according to law. This deputation being made at the request and risk of the plaintiff. 1[* ~' OTHER ADVANCE FEE PAID BY CUMBERLAND COUNTY S}ESRIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.E, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wdt may leave same without a watchman, in custody of whomever is found irt possession, after notifying person of Jevy or attachment, without liability on the pad ol such deputy or the sheriff ID any plaintiff herein for any loss, destruction, or removal of any property before Shell,S sale thereof 36 S. HANOVER ST., PO BOX J~J~, CARLISLE, PA 17013 (717) 241-4813 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS RELOW: (This area must be ~omp~eted if notice is to be mailed). CUMBm~D COUNTY SHERIFF SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acl~nowiedge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14 Date Received 15. ExpiratierVHearing Date or complain1 as indicated above. J. LUDWIG 2/16/01 3/15/01 16. HOW SERVED: PERSONALS,_ RESIDENCE ~ POSTED ( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 17. t3 1 hereby certify and return a~NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above. (See remarks below } 18. NAME ANDxTITLE DF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Dat~- of ~ervice 20, Time ol Se~,ice 21.A'rFE'MPT~"~te 'Tlme~'~sl Int. loire FTinle~Mllesl Iht Ioat~¢fime M esi n IOaeiTmelMies~ Int. IOate fimeiMiles Iht IDate !Time M es nt - 1 .AFFIRMED and ,ubscbbed ,o before me this 744. SignalureDe,. Sheriff el ~b~ z, Oe.~ ~. MARCH X~ 45. Signature of York ~ FOR WILLIAM M. HOSE~ EXHIBIT "B" JOSEPH ALLISON and SHARON ALLISON Plaintiffs, HENRY BERKEBILE, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01-257 Civil : : JURY TRIAL DEMANDED IMPORTANT NOTICE TO: Henry Berkebile 3770 Arbor Drive Red Lion, PA 17356 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAILANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR -~ TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET ~EGA~ HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 DATED: April 3, 2001 Jesse/Raymond Ruhl, Esquire 36 S./Hanover Street P.O. Box 1319 Carlisle, PA 17013 (717) 241-4813 (717) 241-4829 (fax) Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on this April 3, 2001, I caused a true and correct copy of the foregoing Important Notice to be served upon the following by first class mail, postage prepaid: Henry Berkebile 3770 Arbor Drive Red Lion, PA 17356 Kay ~ Milligan f~J CERTIFICATE OF SERVICE I hereby certify that on this April 19, 2001, I caused a true and correct copy of the foregoing Praecipe to be served upon the following by first class mail, postage prepaid: Henry Berkebile 3770 Arbor Drive RedLion, PA 17356 Kay DffVlilligan q