HomeMy WebLinkAbout11-7278F iLEU-UFPICE
E1" PiR0T!•"Uf 0TAF'°Y
2011 SEP 20 PM 3: 1
CUMBERLAND COUNTY
GLENN L. BAER, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
v.
. CIVIL ACTION - LAW
MAB PAINTS, NO. 2011 CIVIL TERM
DEFENDANT
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, order 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 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
?? ?? LS)
AMERICANS WITH DISABILITIES
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
2
GLENN L. BAER, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MAB PAINTS, NO. 2011 - -?2Z CIVIL TERM
DEFENDANT
COMPLAINT
BREACH OF CONTRACT
AND NOW, this 20th day of September 2011, comes the Plaintiff, GLENN L. BAER,
by and through his attorneys, Irwin & McKnight, P.C., and makes the following Complaint
against the Defendant, MAB PAINTS, as follows:
1. The Plaintiff is Glenn L. Baer, an adult individual who resides at 11 Center Road,
Newville, Cumberland County, Pennsylvania 17241.
2. The Defendant is MAB Paints, a company doing business within the Commonwealth of
Pennsylvania with a local place of business at 1156 Walnut Bottom Road, Carlisle, Cumberland
County, Pennsylvania 17015.
4. On or about July 15, 2008, the Plaintiff hired David Wagner, a painting contractor to
paint the roofs of his barn, outbuildings, and his house located at 11 Center Road, Newville,
Pennsylvania 17241. A copy of the written invoice is attached hereto and made a part of this
Complaint and marked as Exhibit "A".
5. Mr. Wagner used MAB Paints and materials to paint the roofs specified above. The paint
used was warranted to be useful for this geographic area and weather conditions.
6. The paint faded severely in the spring of 2009 and has gotten progressively worse. The
paint has also chipped and cracked and now needs to be repainted.
7. The damages owed to the Defendant is the sum of Four Thousand Nine Hundred Ten and
no/100 ($4,910.00) Dollars.
3
WHEREFORE, the Plaintiff requests judgment against the Defendant, MAB Paints, for
the sum of Four Thousand Nine Hundred Ten and no/100 ($4,910.00) with costs and interest as
provided by law.
Respectfully submitted,
IRWIN & McaGHT, P.C.
By:
Marcus
Supreme Cburt I.D. #: 25476
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for the Plaintiff
Date: September 20, 2011
4
EXHIBIT "A"
CONTRACTORS INVOICE
WORK PERFORMED AT.
DATE
7_ Zs- o YOUR WORK ORDER NO.
1 OUR BID NO.
1
1
DESCRIPTION • WORK PE RFORMED
v 6 t = 1 %'c
5
5
/ be_ ri 0-
0 Ile /C r a
b0
ate- . ? ??
F ?? o 0
M2"2 I/
7,? 1
I
All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications
provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of
This is a ? Partial ? Full invoice due and payable by:
Month
Dollars ($
61
Day
Year
in accordance with our ? Agreement ? Proposal No. Dated
Month Day Year
NC3822 CONTRACTORS INVOICE
VERIFICATION
The foregoing document is based upon information, which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
GYENfi L. BAER
Date: September 20, 2011
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff f' iLEG;-0 ?t
Jody S Smith p ??t of ?,u,b f ? r? I'i?1 PR0T .??N"0
Chief Deputy
1 SEP 29 AM 9;
f
Richard W Stewart
Solicitor E :E ;CUMBEtIRLr` Q CCU' i'Y
PENSYLVANll`?.
Glenn L. Baer
vs. Case Number
MAB Paints 2011-7278
SHERIFF'S RETURN OF SERVICE
09/22/2011 01:19 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 22,
2011 at 1319 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: MAB Paints, by making known unto Mark Carpenter, Storage Manager for MAB Paints
at 1156 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the
same time handing to him personally the said true and correct copy of the s me.
Wtf-LIAM CLINE, DEPUTY
SHERIFF COST: $34.44
September 26, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
c,cj GOun`.x Sji:e yh(;riff. jt....
,r
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6m Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
(717) 237-7105 fax
bfoland@tthlaw.com
GLENN L. BAER,
Plaintiff
vs.
NO. 2011-7278 CIVIL
MAB PAINTS,
Defendant
TO THE PROTHONOTARY:
6 tiW?!I-0N0?i1 .
2 II OCT -6 N-11
"Ui DERLAND COUNTY
PENNSYLVANIA
Counsel for Defendant MAB Paints
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Please enter our appearance on behalf of Defendant MAB Paints in the above
matter.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Br o an squire
I.D. 0102
305 North Front t. -Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
by:
CERTIFICATE OF SERVICE
AND NOW, this 5 day of OCtt , 201 , I, Coleen M. Polek,
of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and
correct copy of the foregoing document by placing a copy of the same in the United
States Mail, postage prepaid, to the following:
Marcus A. McKnight, III, Esq.
Irwin & McKnight, P.C.
60 West Pomfret Street
Carlisle, PA 17013
(2Pr)/?-?
Coleen M. Polek