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HomeMy WebLinkAbout10-0352FILED--t,`. r-:r.. OF Tr{t PF??TPr)'? 0TRRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Fawn Eutzy and Anthony Eutzy Plaintiffs VS. Tim Martin d/b/a TIM MARTIN PAVING AND EXCAVATING Defendant 2010 JAN 13 P1; 2: 32 Cu^,?r ' ? +vy ? tq? . No. ?d 3S? ?tuc ?, Civil Action - Law NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 (2e 1-?S-2y k** a3 12160 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Fawn Eutzy and Anthony Eutzy Plaintiffs vs. Tim Martin d/b/a TIM MARTIN PAVING AND EXCAVATING Defendant No. Q .- 3 S ,?- c rv. I Civil Action - Law COMPLAINT AND now, come the Plaintiffs, Fawn Eutzy and Anthony Eutzy, by and through their attorney, H. Anthony Adams and set forth the following: 1. Plaintiffs are Fawn Eutzy and Anthony Eutzy, adult individuals, who reside at 129 East Creek Road, Cumberland County, Newburg, Pennsylvania, 17240. 2. Defendant is Tim Martin, d/b/a TIM MARTIN PAVING and EXCAVATING, of 5051 Wayne Road, Chambersburg, Pennsylvania, 17201. 3. Plaintiffs paid the Defendant the amount of $8,000.00 to install a paved driveway at their home. 4. The driveway had numerous defects, was not of the thickness required and was not installed in a workmanlike manner. 5. Plaintiffs have made numerous demands of Defendant for repair. .M 6. Plaintiffs have obtained two estimates that indicate that it will cost at least $14,658.00 to repair the work performed by Defendant. 7. The amount in controversy is an amount that requires that this manner be submitted to arbitration. Wherefore Plaintiffs pray your Honorable Court enter judgment in their favor and against Defendant in an amount not less than $14,658.00 together with interest and cost. Respectfully submitted, H. Anthony Adams, Esquire Attorney for Plaintiffs 49 West Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 Dated: AM 0 ? VERIFICATION We verify that the statements made in this Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Date:1L,11-9l ?/ G /', SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor OFF- [. '-r -..c _ -cFZFF - F' z r 1`'~rAv 2010 FEB 16 PM 2: 14 Fawn Eutzy vs. Tim Martin SHERIFF'S RETURN OF SERVICE Case Number 2010-352 01/14/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Tim Martin, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint and Notice according to law. 02/05/2010 11:30 AM - Franklin County Return: And now February 5, 2010 at 1130 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complain and Notice, upon the within named defendant, to wit: Tim Martin d/b/a Tim Martin Paving and Excavating by making known unto himself personally, at 5051 Wayne Road, Chambersburg, PA 17201 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO AN,%VIERS. ' February 11, 2010 'RON i / R ANDERSON, SHERIFF CauntYSui[e Sheriff. Te!eor.,,tt. Inc. 0 CO4 David-D. Buell °, .Renee X Simpson Prothonotary o y x*+, z 1St Deputy Prothonotary KirkS. Sohonage, E,SQ �_.ii ,✓ti•e. Irene E. Morrow Solicitor 7750 2"d Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 111-- O3s2 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax (717)240-6573