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Home My WebLink About01-1818 NOTICE OF APPEAL ,IWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FRO~ JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. ~ OF D.J. LTl9. This block will be sig~d ONLY when this ~tation is required urder I~ ~ ~' ~ CLAIMANT ($~ ,°d- fl.C.P.J.P. NO. 1008& ~ 00~ (~ ) in ectic~ ~fore District d~tice, he MUST This Notice of Appeal, when received by the District Justice, will ope~te as a SUPERSEDEAS to the judgrr~flt for possession in this case FILE A COMPLAINT within twenty (20) d~ ~fter ~ filing his NOTICE of APPEAL. $ign~lure o~Or Deputy PRAE¢IPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sectio~ of fo,~ to be used ONLY when a~ll~t v~$ DEFENDANT (see P'd. FI.O.P.J.P. No. ~00~ (7) in 8ction before Dis~'ict flu$~ice. IF NOT USED, del,~oh fro~ cc~y of notice of ~eel to be sen/ed upo~ ~ellee). PRAE¢IPE: Pm~tary upon' , appellee(s), to file a comp~int in this appeal Enter rule N~me of c~o~e~::~s) RULE: T~0~(~I~ -' _,appellee(s). Name ot a/30el/ee($) (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of se~Yice of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDG~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The ck:lfe of serYice of this rule if service was by mail is the date of mailing. AOF)G312'84 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proo~ of service MU$T BE FILED Wt THIN TEN (I0) DA Y$ AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA ' COUNTY OF. AFFIDAVIT: t hereby swear or affirm that t served ~ a copy of the Notice of Appeal, Common Pleas No, , upon the District Justice designated therein on (date of service) _______ , E~ by personal service [~ by (certified) (registered) mail, sender's recdpt atf~ached heret0~ and upon the appdiee~ (name) _______ --, oiq ------- , 19______ E~ by personal service E~ by (certified) (registered) mail, sender's receipt attached hereto. E~ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ___ ,19_____~ E~] by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ____ DAY OF , 19_____.. Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on _____ , ~9____..~ COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF' CUMBF__,RLAND CIVIL CASE ~---- PLAINTIFF: NAME and ADDRESS --] Mag.DiSt. NO.: ~GAUL, THOMAS J 09-1-02 802 A LEWISBERRY RD DJ Name' Hon. ROBERT V. MANLOVE LEWI SBERRY, PA 17339 ^~e~s: 1901 STATE STREET L_ -J CAMP HILL, PA VS. DEFENDANT: NAME and ADDRESS ' Telephone'(717 ) 761 - 0583 17011 - 0000 I-MULL, DAVID 25 SPRINGERS LN NEW CUMBERLAND, PA 17070 DAVID MULL 25 SPRINGERS LN Docket No.' CV-0000018-01 NEW CUMBERLAND, PA 17070 Date Filed: 1/25/01 .. THIS IS TO NOTIFY YOU THAT: DEFAULT JUDG~RNT -PLTF ..... " Judgment: -- ~-~ Judgment was entered for' (Name)_ ~_At_~b~ _"p_T-TO_MA~ J F~ Judgment was entered against: (Name) t,~LiLL.. DAVID in the amount of $ 9.. ~9.~ _ fill on' (Date of Judgment) _ 9./9.7/01 ., --]Defendants are jointly and severally liable. (Date & Time) [ Damages will be assessed on' Amount of Judgment $ 2,7 53.00 Judgment Costs $ 7 0.0 0 Interest on Judgment $ .00 F--] This case dismissed without prejudice. Attorney Fees $_ .00 Total $_ 2,8 2 3.0 0 ] Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Post Judgment Credits $ -- Post Judgment Costs $ ~ Levy is stayed for days or [~ generally stayed. ============ Certified Judgment Total $ E~ Objection to levy has been filed and hearing will be held' Date' Place' Time' ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF V! WITH YOUR NOTICE OF APPEAL. U. ~ '~': """ "'" '?"'"' "~'" i ,:.". , .~.,:~,....., D~S;tnct':dust ce / Date ~, '.'~. ; "--"--'---- ,,-. ~; ~." , . .' '¥ · I this is a true of the proceedings:cor~t~hmg t~e. judgment. '.. ;' '.;' ? .... ~.::'-;.""'".. i.~...'. certify t.hat ""'"-"'1 ; . ~% · ,.),.',District'Jusbce -- "'. ~'~ ~ _'~."~-'P¢;~- ' '~ --- ~_ _ Date ~.,...,',,,*':~'" : ~.,. ...... :~. ,~ ;,,. ..~ .- . ,,,,' My commission expires first Monday of January, 2006 ~ '"'-.,.',,SEAL. ' <"~;?,~.~ _ .~'~ .' AOPC 315-99 " NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT · / ' I,; ..!...!..-,.. COMMON PLEAS No. ('.~' ~ ' ; "'''i'' ' ~'"' ~'"" [ ; ~ ". NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the · date and in the case mentioned below. ___--- OF D.J. '-'-'-'~"~'- .... ':'.. -- .....q ,,,..~ .. ~ ?{ ,..., ,,i i....,'/e\ t'~ 1~")'-10 ' ':.... ~:" ~. ' .... ~ ,' ,, ~ ~'"'",~I' ~:? ~' ~.' ( f'i I N~~ ~ ~JL.,~'"" I ~C--/~ L,t...l t L,., ~ ~, ' ' ..... ------ '" '------ · cv ~9_0(:~'~'O ~ ~- 01 · ...-" · ............. -~' LTl9_ ------ This I~ck will be signed ONLY when this 'no,rich is required u~ P~. R.C2.J2. I~ If appellan~ was CLAIMANT (see Pa. FLC. P.J.P. No. l O0a& ' 1 O01 (~) in action before District Justice, he MUST This Notice of Appeal, when received by tl~ District Justice, will ope~te as ~ S~IPERSEDEAS to the jt~lgment for possession in this case. FILE A COMPLAINT within twenty (20) days after , filin~ his NOTICE of APPEAL. Signature oT-~-O-i-~onotary or Deputy __ PRAE¢IPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE .. . (This section of form ~o be used ONLY when appell~t ~as DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appell~). PRAE¢IPE". To P~~~.~y Ente~ role upon . Narr~ of ~ele~$] ' ~'"~' " ...... d~'s afl~ ~,rvice,of rol~ ~ ~~ entry of ju~m~t of Ic~~.~ P~,o, ~, ()t ' i. ,,'.. .'.-" :- I w~h~n ~nty 1201:~ ........ ~.,.-. /,~,/// / ,..,..'" .,,.,t ,:~-?, ,..,...,, ,?,.,,-,,~., .... .... ~ i $ig~,. ure of ~:~e~l~nt or h~ attorr~¥ or ';. "", ~ "1'~' ! '~ ....... . ,' ~ ', ' .~ . - ............ ' ..... '- .... "' ....... ,appellee(s). RULE: To ~ o~ (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this role upon you by pers~. I, service or by certified or registered maiL · .. (2) If you do not file a-cc)rnplaint within'this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. I: · " ~ (3) The date of. service of this rule if service wa~ by mail is the date of mailing. .', ~'"..,-), L.~?.~, .~ ..... ,.. ," '..~ '/./ ~ ~, )"! .... ~., / ' .~.,.." .../...~-'--~-~ ......... ' ~' /'~- ~ Da~: ~ -. .... ' .... " · ,. ... , ,/ ....., .. , . ? .... .,.. ..~ , ., . .) ' ~,~ , ., -' ..,~' e~I ,, ,. .. '\~, ,; . -.. ,,..~.. ,.'-.. I COURT FILE · Aop~ 312-84 I PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of ~ervice MUST BE FILED WI~'.T.H!N TE.N (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~-----.---- AFFIDAVIT: I hereby swear or affirm that I served [a copy of the Notice of ' eat Corn O ~--10I o (date of service) ~ Pleas No, ~, upon t~e~strict Justice designated therein on ~., Dy pers~ al servic ~b~ certified r ' · , r~ejpt a~ched hereto, and upon the appellee name ~ ~' . .. Y( )(eg,stered) ma,i, senders ~~ ~ '( ' ) ~~,on ~ . · , ~ ~ by personal service ~y (ce~ified) (registered) mail sender's re ' . ~ and further th t ~,~ ~,,, ............ , ce~pt attached hereto. at serv .... the Rule was add _ - PP P he appellee(s)to whom reseed on ,19~ ~ by personal service ~y (ce~ified) (registered) mail, sender's receipt attached hereto, THIS _ DAY OF ,19~ ~gnature of affiant Signature o~ official before whom a#idavit was C) ~:' :.T"~ T/tie of official -~ [~'.~: ..~,-~ ..... '"': " 'T~' My commission expires on , ~~ ~:.: [':':' ..._ ,-~ . ~ ?: ....... :C .... ;-~.. ~' , ....... . ...... .'~:- t':"' . ..- . ~:,._ .. ~ ~':, :, .:.~ C;~llP i'IILL p/l ! ?0! 1 ~ Ce~if/ed Fee Postage $ $0,3~ / Return Receipt Fe (Endom e ]( ement Require) 'k Ce~ified Fee Restricted Delive~ Fe Hem j (Endome ..... e Return Receipt Fee Postmark ..... ~ ~equimd) ~ (Endorsement Required) Here Total POStage & Fees ~ Restricted Delive~ Fee 04/0&/200J ~ (Endorsement Required) Complaint Common Pleas No. 01-1818 Plaintiff Defendant Thomas J. Gaul vs. 802A Lewisberry Road Donald Mull Lewisberry, PA 17339 90 Springers Lane New Cumberland, pA 17070 The plaintiff is seeking payment to repair Tom Gaul's roof at his house, which he owns and is currently renting, located at 233 West Columbia Road, Enola, PA I paid Mr. Mull $750.00 around the end of September 2000 to repair the above roof. Since then he has cashed the check and not repaired the mol. The roof has progressively got worse. I obtained two estimates for the cost of the repair of the roof in its present state. Both estimates are between $2500.00 and $3100.00. The roof at this time is worse and has destroyed the inside ceiling tiles and leaking onto the floor. I am asking $2753.00 to pay to have the roof repaired. If them are additional costs incurred because of the damage inside the home I request to further file a claim for the additional monies, as~d Hereby submitted by: / ~l~~j THOMAS J. GAUL I~ATE THOMAS J. GAUL, · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff · ¥$. · CIVIL ACTION- LAW DAVID W. MULL, . Defendant · NO. 01-1818 CIVIL TERM ~NO~CE YOU HAVE BEEN SUED IN COURT. It' 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 tail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe romar aecion dentro de veime (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presemar en la Cone por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DEKECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, YAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telefono: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS J. GAUL, · Plaintiff · v. · NO. 01-1818 CIVIL TERM DAVID W. MULL, · D®f®ndant · CIVIL ACTION- LAW COMPLAINT AND NOW, comes Plaintiff, THOMAS J. GAUL, by and through his attorneys, BRATIC & PORTKO, and states the following cause of action. 1. Plaintiff, Thomas J. Gaul, is an adult individual residing at 802A Lewisberry Road, Lewisberry, Pennsylvania. 2. Defendant, David W. Mull is an adult individual doing business as CDM Home Improvement, with a place of business located at 90 Springers Lane, New Cumberland, Cumberland County, Pennsylvania. 3. On September 26, 2000, Defendant prepared and executed a certain written proposal [hereinafter referred to as "agreement"] for the installation of roofing over top of Plaintiff's home located at 233 West Columbia Road, Enola, Pennsylvania. A true and correct copy of the proposal is attached hereto and marked Exhibit "A." 4. On September 28, 2000, Plaintiff accepted the agreement and paid to Defendant the contract price of $750.00. A tree and correct copy of the check in the sum of $750.00 payable to and endorsed by Defendant is attached hereto and marked Exhibit "B". 5. When Defendant received payment in full of $750.00 he promised Plaintiff that the work would commence immediately. 6. Contrary to his promise, Defendant did not immediately commence the work and Plaintiff had to repeatedly call him about performing his part of the agreement. 7. Each time Plaintiff contacted Defendant, Defendant promised to come out to the home the following day to commence work; however, Defendant never showed up to perform any work even though he had been paid in full. 8. Having already paid for the work in advance and expecting Defendant to fulfill his part of the agreement by commencing the work immediately, Plaintiff was delayed in his attempts to have the roof repaired in a timely fashion. 9. As a result of the repairs not having been made, the condition of the roof continued to deteriorate and the underlying structure, deck and insulation have become rotten or damaged. 10. The additional damage to the roof and underlying structures was caused solely by Defendant's unexcused delay in performing his part of the agreement. 11. Plaintiff has fulfilled all the provisions of the agreement on his part to be performed. 12. Defendant has not fulfilled the provisions of the agreement on his part to be performed. 13. Defendant has wholly neglected to do and perform all things which were expressly or by necessary implication required to be done and performed by the agreement, as follows- (a) install roll roofing; (b) stop any leaking from the roof area. 14. Defendant has failed and refused, and still refuses, to cure the aforesaid breaches, despite Plaintiff's repeated demand. 15. Plaintiff obtained two written estimates to perform and complete repairs to the roof and/or to remedy the damages caused by Defendant's delay, one for the sum of $2,753.00 and the other for $3,125.00. True and correct copies of these estimates are attached hereto and made a part hereof and referred to as Exhibits "C" and "D". 16. The reasonable cost of remedying the aforesaid breaches is in excess of $750.00. COUNT I Breach of Contract 17. The facts and statements of the paragraphs 1 through 16, above, are here incorporated by reference. 18. By virtue of the foregoing and by failing to perform the work pursuant to the parties' agreement and understandings, Defendant has breached his contractual undertakings and obligations to Plaintiff. 19. Defendant's aforesaid breaches have caused Plaintiff to suffer damages in excess of $750.00. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant and an award of money damages not in excess of $3,125.00, plus interest applied from on or about September 28, 2000, to the present, and such other and ~er relief as the court may deem just and proper. COUNT II Breach of Implied Covenants of Good Faith and Fair Dealing, and Claim for Equitable Restitution 20. The facts and statements of paragraphs 1 through ! 9, above, are here incorporated by reference. 21. Defendant executed a proposal to perform the roof repairs and he made verbal assurances to Plaintiff that the work would be commenced immediately; therefore, Defendant was obligated to deal fairly and in good faith with Plaintiff. 22. Defendant breached his duty of good faith and fair dealing as follows: (a) Arbitrarily, capriciously, and, in bad faith, failing to perform his part of the agreemem and neglecting to timely commence the work pursuant to the parties' understandings; (b) Failing to protect the home from further damage which was being caused by the roof leaking; (c) Refusing to refund or reimburse Plaintiff so that the work could be performed by another contractor; (d) Converting to his own benefit the contract monies paid to him for supplies and roofing materials; and (e) In general, by self-dealing to the substantial detriment of Plaintiff and in violation of the provisions of the agreement and the parties' agreement and understandings with respect to the timely performance of the work. 23. By his aforesaid conduct, breaches, violations and failures, Defendant failed to discharge his express and implied contractual duties with the care, skill, prudence and diligence under the circumstances then prevailing as required by a prudent person or contractor or entity acting in a like capacity and familiar with such matters. 24. Defendant's aforesaid breaches of his duty of good faith and fair dealing and violations of his contractual responsibilities caused Plaintiff to suffer damages in excess of $ 750.00 as referenced above, and Plaintiff is entitled to recovery of such mounts VERIFICATION I, THO~S J. GAUL, hereby acknowledge that I am Plaintiff in the foregoing Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ! ,~.~~T~o~~~asJ. Gau1 - Date: _~~~7/0~ /~/~.~ ~/"(~/ C/-~/~'/~.. - / ' ' ' SHEET NO. PROPOSAL SUBMITTED TO: W~(..'~" "~ "'//'7 L7 ' DATE · , .,-?--~ "~ WORK TO BE PERFORMED AT: (~/, "~.~.', "' ~"~.) NAME i ADDRESS ADDRESS CITY, STATE CITY, STATE DATE OF PLANS We hereby propose to furnish the materials and perform the labor necessary for the completion of .~.. . . (.~/:.:~ t ,r,r, ~.f.. co, t?.,? ~ ld21 .. IC/C. _. :'~.. "~ ."-"~~/.. ,:_. , ~...~' ~"i/'. /x.:/=~C.e"5 ~ /.,u~. ';~?. '~'~./4". ;_ _' _'-"-..-~.~.---~ ...... .... -- - ~-= r./ ~-'-"'7~ ~-- ..,,, ...... o /,,,dj'[ L- !cO(.?l"lA.,~(.~. L.~, t L..L.. L.. .~.)~' :',~;~_..~ i..~,_ ~..'r..</ ,.,.-,, 5 .~. t...o G L_t?.F r: c. '/ b c.. /__ , e q T" ~c u , ' ':' :' ' .~" ~ ' ~- ., .. ~ ~ , All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of: Dollars ($ with payments to be as follows ,,,w ~o,,w~= =. ~.,~t~ f,~ ~x~o ~,~=~,. ~o~,:j o,.~ ~ Respectfully submitted ' -- --' ~ /- ./ over and above the e~timat®. All agreMr~nts contingent upon stnkes, accidems, or delay~ beIKN~ our control. Note - roposal may be withdrawn by us if not accepted within -clays. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. SIGNATURE DATE SIGNATURE ROPOSAL Estimates · Fully Insured ~~ ~Ro~os*~, ///Z . . 921-2322 ~oa ~.T~O~: ~~g. PA 17~1 ~ PHONE: . _ _ ,~~-~ ~ SLATE ~ ~ C~ ~y ADD~IONAL WORK OR ~~AL$ N~ LISTED ABOVE: ANY WOOD REPLACEMEHT IS ADDITIONAL @ THE RATE OF REMOVE ALL/OB RELATED DEBRIS FROM THE PREMISES, KEEP JOBSITE NEAT AND ORDERLY DURING THE PROJECT, CLEAN ALL GIZI'TF. RS AND DOWNSPOUTS AND NO MATERIAL SHALL REMAIN ON THE GROUND OVERNIGHT. All material is guaranteed to be as specified, and the above work to be performed in accordance with the specifications submitted for above work and completed in a substantial workmanlike manner for the sum of: o ACCEIYFANCE OF PROPOSAL TI-~ ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ~ SATISFACTORY .~,ID ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. pAYMENTS WILL BE MADE AS OUTLINED ABOVE. SIGNATURE SIGNATURE DATE ESTIMATED START DATE PENDING WEATHER Respectfully submitted This proposal may be withdrawn if not accepted within '3_ O days. . .. .... ALL 'E,D . PROPOSAL & AGREEMENT ' (~ENTATIVE ~OOFING & SHEETNfETAL INC. ! START DATE JOHN G. HORNE ~.....~ ','."*~'" _ . INC. IJOB# _ , 340 PLEASANT VIEW ROAD V CUMBERLAND, PA 17070-2738 ATE NEW CUmbErLANd, PA ~70~0 717-77~-~7~ ~/VC)RK TO BE PERFORMED AT: FAX 717- 774-64 77 - -., ernail: saleseallied-roofing-inc, corn -- 'I _.. ADDRESS ;.3. ~ ~ ~ ~",0/. ~./~ ~ ,4 ~/)_ ................... ADDRESS ~' 0 ~ /cj /,. ~--' f-d2 5 J~ ~/¢,./~~ CITY, STATE' ~N ~ z4 ,/o A / ? ~ ~ ~ _ ,._ c_£/I - ..¢/~Z- We hereby propose to furnish the materials and perform the labor necessary for the completion of ,~ ,:. ,,,.,,.,, ~ ~-' 5/73/\1/"_ 1.. ' ' All material is guaranteed to be as specified and the above work to be pedormed in a Workmanlike manner for the sum of ' Dol~ars($ 3/0t5~-z-- ) with payment to be upon completion. ALLIED GUARANTEES 1. Allied Roofing and Sheetmetal, Inc. has all necessary general liability and workmen compensation. 2. Allied's crew will not leave a jobsite for the day or even for lunch unless the roof is watertight. _ Client Signature 3. Allied's crew will not allow debris to fall to the ground. On most roofs, debris will be carried to the dump truck or dumpster and dropped directly inside. On steep roofs, shrubs and lawn will be protected against accidental falling debris. '" Date 4. Gutters and ground are cleaned daily' 5. Allied's policy requires roofers to conduct themselves in a professional manner while on a rized Agent, Allied Roofing and Sheetmeta customer's property. // /J/atee 6. Allied Roofing and Sheetmetal, Inc. collects for all work after one hundred percent (100%) completion of the contract. Title 7. Special order items require 50°'0 down. ~'¢.~,'\, ['3, ~ b 717-774-6476 · FAX 717-774-6477 · CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaim was served by placing a true and correct copy thereof in the United States mail, first class postage prepaid, addressed as follows: David W. Mull 90 Springers Lane New Cumberland, PA 17070 Dated: Stephe~a K. Portko, Esquire I.D. # 34538 Bratie & Portko 101 South U.S. Route 15 Dillsburg, Pennsylvania 17019 (717) 432-9706 Attorney for Plaintiff THOMAS J. GAUL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA vs. : CIVIL ACTION - LAW DAVID W. MULL, : Defendant. : NO. 01-1818 CIVIL TERM PRAECIPE TO MARK ACTION SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark Plaintiff's suit against Defendant "settled, discontinued and ended with prejudice." DATE: O~/~/~ Steph~n K. Portko, Esquire Attorney for Plaintiff