HomeMy WebLinkAbout12-1359
ABOM CSZ'
ICuTU?is
Jason P. Kutulakis, Esquire
Attorney I.D. #: 80411
2 West High Street
Carlisle, PA 17013
(717) 249-0900
ROBERT G. MICHELINI
LISA A. MICHELINI
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IN THE COURT OF COMMON PI? -'
CUMBERLAND COUNTY,`'
PENNSYLVANIA =
2 David Glenn Drive
Carlisle, PA 17015
Plaintiffs
V.
FILE NO.: 2012- 1,26?
ALTERS CONSTRUCTION
115 Forest View Drive
Shermansdale, PA 17090
And
DAVID ALTER
115 Forest View Drive
Shermansdale, PA 17090,
Defendants
TO: ALTERS CONSTRUCTION
115 Forest View Drive
Shermansdale, PA 17090
And
DAVID ALTER
115 Forest View Drive
Shermansdale, PA 17090
CIVIL ACTION -- LAW
NOTICE TO PLEAD
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 S
*1D3.?5 PD ATry
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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.
Pennsylvania Bar Association
Lawyer Referral Service
1-800-692-7375 (PA ONLY)
or 717-238-6715
Respectfully Submitted,
& KUTULAKIS, LLP
Date: February A 2012
Ja on Kutulakis, E;
tome # 80411
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
2
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ROBERT G. MICHELINI
LISA A. MICHELINI
2 David Glenn Drive
Carlisle, PA 17015
Plaintiffs
V. : FILE NO.: 2011-8279
ALTERS CONSTRUCTION
115 Forest View Drive
Shermansdale, PA 17090
And
DAVID ALTER
115 Forest View Drive
Shermansdale, PA 17090
Defendants
CIVIL ACTION - LAW
TO THE HONORABLE JUDGES OF SAID COURT:
COMPLAINT
AND NOW, comes the Plaintiffs, Robert G. Michelini and Lisa A. Michelin, by and
through their attorneys, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and
brings this action against the above-named Defendants to recover damages, attorney fees and
costs, in an amount exceeding compulsory arbitration, upon the following causes of action:
PARTIES
1. Plaintiff, Robert G. Michelini, is an adult individual who owns/resides at 2 David Glenn
Drive, Carlisle, Cumberland County, Pennsylvania.
2. Plaintiff, Lisa A. Michelini, is an adult individual who owns/resides at 2 David Glenn
Drive, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiffs are married.
3
4. Defendant, David T. Alter, is an adult individual residing at 115 Forestview Drive,
Cumberland County, Pennsylvania, 17090.
5. Defendant, Alters Construction is a Pennsylvania business with an address of 115
Forestview Drive, Cumberland County, Pennsylvania, 17090.
6. Alters Construction is solely owned by David T. Alter.
7. On or about July 16, 2011, defendant, Alters Construction registered with the
Pennsylvania Attorney General's Office as a Licensed Residential Reiriodeler pursuant to
the PA Home Improvement Consumer Protection Act (hereinafter referred to as
"HICPA").
8. Defendant, Alters Construction's HICPA number is PA082929. See, attached proof of
registration attached hereto as "Exhibit A."
9. Alters Construction's registered office pursuant to HICPA is 220 115 Forestview Drive,
Shermansdale, Cumberland County, Pennsylvania, 17090. See, Exhibit: A.
FACTUAL BACKGROUND
10. Plaintiffs and Defendants entered into a written agreement (hereinafter the "Contract") on
November 29, 2011. See, attached as hereto as "Exhibit B."
11. Said Contract provided that Defendants would construct an outdoor recreational deck at
plaintiffs' residence.
12. A previous contractor had failed to construct the deck and above-ground pool.
13. The Contract provides:
We hereby propose to perform the labor necessary for the completion
of the project started by previous contractor that shall include
the following: Reframing of lower deck with new design that shall
connect lower deck to main deck. Install composite decking on top
surface as well as skirting around all affected areas. Vinyl railing shall
be installed around entire perimeter of deck with solar lights on top of
4
all posts. A set of steps will connect upper and lower decks as well as
lower deck to the ground level. Drainage pipe shall be installed from
retention area at shallow end of pool extending a minimum of 10' past
lower end of the house.
Project shall be complete in 3 weeks or less. Material costs
approx. $8,000. Contractor shall order materials + Homeower will
pay supplier for materials and delivery.
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 $7,143.00 with payments to be made as
follows: deposit $3,571.00 and upon completion $3,571.50.
See, Exhibit B.
14. Said Contract further provided that Plaintiffs would pay defendants $7,143.00 for labor
for said construction of the deck.
15. Said Contract required two equal payments of $3,571.50 to be made.
16. The first payment was due at the time of signing the contract, November 29, 2011, via
check #5132.
17. The second payment was due upon completion.
18. Plaintiffs paid $3,571.50 at the time of the signing of the Contract on November 29,
2011.
19. Plaintiffs made a second payment of $1,200 on January 7, 2012. This payment was
specifically designated toward the final payment due of $3,571.50.
20. Subsequent to the signing of the contract, defendants placed an order for the materials
necessary to complete the contract.
21. Those supplies were ordered specifically by Tim Krader. See, materials invoice from
Lowe's attached hereto as "Exhibit C."
5
22. On December 7, 2011, plaintiffs paid $9,659.41, to Lowe's for the materials ordered by
defendants. See, Exhibit C.
23. It is believed and therefore averred that materials that were delivered by Lowe's to the
plaintiffs' residence were removed by defendants.
24. For example, 150 2"x 6" x 16' composite deck boards were paid for by plaintiffs. This
equates to 1,200 square feet of deck boarding.
25. Those 2" x 6" x 16" deck boards were to cover a space surrounding a 15' x 30' pool (450
square feet of pool).
26. The overall dimensions of that deck area is 23' x 40' which is 920 square feet.
27. 920' minus 450' equals 470 square feet.
28. Even with reasonable waste of 80 square feet, leaves more than 650 square feet (or 80+)
of over ordered composite deck boards.
29. At a cost of 26.97 per 2" x 6" x 16", the over ordering of deck boards costs plaintiffs over
$2,150.00.
30. Plaintiffs still do not have sufficient deck boarding at their property to finish their project.
31. Defendants' contract purports to have retained an architect, Timothy Krader.
32. It is unknown if Timothy Krader is an employee or a subcontractor of defendants.
33. Defendants' contract fails to identify Timothy Krader as an employee or independent
contractor.
34. Defendants' contract provides that the date of the architectural plans is December 6,
2011.
35. Defendants have failed to provide plaintiffs with a copy of the architectural plans.
6
36. It is believed and therefore averred that Timothy Krader is not a licensed architect in the
Commonwealth of Pennsylvania.
37. On or about January 12, 2012, Defendants abandoned the job sight and the deck and pool
remain incomplete.
38. More than 3 weeks have elapsed since November 29, 2011, when the parties entered into
the contract.
39. Due to Defendants' refusal to complete work on the project, Plaintiffs were forced to
secure the services of a substitute contractor to complete the installation of their decking.
40. Defendants failed to complete the following:
a. Install composite decking
b. secure decking
c. deck screws left projecting out of decking
d. install skirting around decking
e. back fill around deck and pool
f. fill in post holes
g. cleanup debris
h. install stairs between decks
i. install stairs from lower deck to ground
J. install railing
k. install solar lights.
See, photographs taken the first week of February 2012, attached hereto as "Exhibit D."
7
COUNT I- VIOLATION OF PENNSYLVANIA HOME IMPROVEMENT CONSUMER
PROTECTION ACT - 73 P.S. 517.1, et. Seq.
41. Paragraphs one (1) through forty (40) are incorporated herein.
42. The Pennsylvania Home Improvement Consumer Protect Act (hereinafter referred to as
"HICPA") was enacted and effective July 1, 2009.
43. HICPA applies to the case sub jug dice.
44.73 P.S. 517.6 requires the Contractor to include its registration number in all
advertisements distributed within this Commonwealth and on all contracts, estimates and
proposals with owners in this Commonwealth.
45. Defendants failed to include its HICPA registration number on its contract and invoices
with Plaintiffs.
46. 73 P.S. 517.7(a) 'provides that No home improvement contract shall be valid or
enforceable against owner unless:
(1) it is in writing and legible and contains the home improvement
contractor registration number of the performing contractor;
(5) Contains the name, address and telephone number of the contractor. For
the purposes of this paragraph, a post office box number alone shall not be
considered an address;
(7) includes a description of the work to be performed, the materials to be
used and a set of specifications that cannot be changed without a written
change order signed by the owner and contractor;
(11) Agrees to maintain liability insurance covering personal injury in an
amount not less than $50,000 and insurance coverage covering property
damage caused by the work of a home improvement contractor in an amount
8
not less than $50,000 and identifies the current amount of insurance
coverage maintained at the time of signing.
(12) Includes the toll-free telephone number of the PA Attorney General's
Office;
73 P.S. 517.7(a) Emphasis Added.
47. Defendants failed to include its HICPA registration number on the contract or invoices.
See, generally Exhibit B.
48. Defendants' contract provided its address as Mechanicsburg, PA 17050. See, page one of
Exhibit B.
49. Defendants' Contract failed to provide with specificity the materials to be utilized.
50. Defendants' contract failed to identify what insurance coverage, if any, it had at the time
of the signing of the contract.
51. Defendants' contract failed to provide the toll-free telephone number of the PA Attorney
General's Office.
52. 73 P.S. 517.10 provides that, "Any violation of the provisions of [HICPA] shall be
deemed a violation of the [...] Unfair Trade Practices and Consumer Protection Law
(UTPCPL).
53. It is believed and therefore averred that Defendant's Contract violated HICPA and
therefore also violates UTPCPL.
WHEREFORE, it is prayed that This Honorable Court will find for Plaintiff and against
Defendant and award damages including actual and treble damages as well as attorneys fees,
costs and other fees/sanctions as the Court deems appropriate. This action is in excess of the
jurisdiction for Arbitration.
9
COUNT II - VIOLATION OF PENNSYLVANIA UNFAIR TRADE PRACTICES
AND CONSUMER PROTECTION LAW
54. Paragraphs one (1) through fifty-three (53) are hereinafter incorporated by reference.
55. The Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCL),
73 P. S. §§ 201-1 et seq., applies to this case.
56. Title 73 P.S. § 201-2(4)(xiv) and § 201-3 states that "failing to comply, with the terms of
any written guarantee or warranty given to the buyer at, prior to or after a contract for the
purchase of goods or services is made" is an "unfair or deceptive act or practice" and is
unlawful.
57.73 P.S. 201-2(4)(xvi) and § 201-3 states that, "making repairs, improvements or
replacements on tangible real or personal property, of a nature or quality inferior to or
below the standard agreed to in writing is an "unfair or deceptive act or practice" and is
unlawful.
58. Defendants' contract states that, "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."
59. Where contractor agreed in writing to perform contract with workmanship of good
quality but is shown to have performed substandard and inferior work, violations of
uniform trade practices and consumer protection law is established. Com. v. Burns, 663
A.2d 308 (Cmwlth 1995).
60. Defendants have failed to complete their obligations as provided in their contract.
61. Defendant committed an unlawful "unfair or deceptive act or practice," as per the
UTPCL, when it failed to comply with this written guarantee to diligently complete the
pool.
10
62. The Contract provided that Defendants construct decking from plaintiffs' house to their
pool area for the sum of $7,143.00 for labor and $8,000 for materials.
63. The Contract provided that construction would begin November 29, 2011.
64. The Contract provided that the terms of the Contract would be completed in 3 weeks or
less.
65. To date, the decking is incomplete. See, photographs attached hereto as "`Exhibit D."
66. Defendants failed to complete the deck.
67. Plaintiffs made repeated efforts to have defendants complete the project.
68. Title 73 P.S. § 201-2(4)(xvi) and § 201-3 states that "making repairs, improvements or
replacements on tangible, real or personal property, of a nature or quality inferior to or
below the standard of that agreed to in writing" is an "unfair or deceptive act or practice"
and is unlawful.
69. Defendants failed to complete the project as per the specifications listed in the contract.
70. Further Defendants quality of services were deficient and below standards agreed to as
the left the job incomplete resulting in materials being damaged and lumber becoming
warped.
71. Defendants committed an unlawful "unfair or deceptive act or practice," as per the
UTPCL, when it failed to complete the project as per the specifications listed in the
contract and failed to complete the work specified in the contract.
WHEREFORE, it is prayed that This Honorable Court will find for Plaintiffs and against
Defendants and award damages including actual and treble damages as well as attorneys fees,
costs and other fees/sanctions as the Court deems appropriate. This action is in excess of the
jurisdiction for Arbitration.
COUNT III - FRAUD
72. Paragraphs one (1) through seventy-one (71) are incorporated herein.
11
73. The following actions of Defendants constitute fraudulent or deceptive conduct that
created confusion and misunderstanding:
a. § 517.8(a)(2) of the PA Home Improvement Consumer Protection Act defines
fraud when the contractor "receives any advance payment for performing home
improvement services or providing home improvement materials and fails to
perform or provide such services or materials when specified in the contract [. .
b. Plaintiff paid defendants approximately $4,771.50 and defendants failed to
complete their obligations pursuant to the contractual terms.
c. Defendants ceased work on the project on or about January 12, 2012, as defendants
abandoned the job sight and the deck and pool were incomplete.
f. Due to Defendants' refusal to complete work on the project, Plaintiffs are forced to
secure the services of a substitute contractor to complete the installation of their
decking.
g. Plaintiffs' deck is still not completed.
74. Plaintiff committed an unlawful "unfair or deceptive act or practice," as per the UTPCL,
when it engaged in the above fraudulent or deceptive conduct that created confusion and
misunderstanding.
75. Defendant is entitled to actual damages, treble damages and attorney fees for violations
of the UTPCL, in accordance with 73 P.S. § 201-9.2(a).
76. 73 P.S. 517.8(c)(6) provides that, "In addition to any other penalty imposed by this act,
the court may revoke or suspend the certificate [of registration]."
WHEREFORE, it is prayed that This Honorable Court will find for Plaintiffs and against
Defendants and award damages including actual and punitive damages as well as attorneys fees,
12
costs and other fees/sanctions as the Court deems appropriate. This action is in excess of the
jurisdiction for Arbitration. It is further prayed that This Honorable Court will revoke the
defendants' certificate of registration provided by HICPA.
COUNT V - BREACH OF CONTRACT
77. Paragraphs one (1) through seventy-six (76) are incorporated herein.
78. Plaintiffs and Defendants entered into a written agreement (hereinafter the "Contract") on
November 29, 2011. See, Exhibit B.
79. The Contract provided that Defendants construct decking from their residence to and
surrounding their pool for a sum of $7,143.00.
80. The Contract provided that construction would begin November 29, 2011 and be
completed in 3 weeks or less.
81. On or about January 12, 2012, Defendants abandoned the job sight and the pool was
incomplete.
82. Due to Defendants' refusal to complete work on the project, Plaintiffs are forced to
secure the services of a substitute contractor to complete the installation of their decking.
83. The Contract between Defendants and Plaintiffs states that "the project will be
constructed according to plans and specifications."
84. Plaintiffs do not believe that Defendants have completed the work on the project.
85. Defendants failed to complete the work in a timely and efficient manner as promised in
the contract.
86. Failure to comply with the terms of a written contract constitutes a breach of that
contract.
87. Defendants failed to comply with all of the terms of the written contract.
13
88. Defendants breached the contract by failing to comply with the terms of the written
contract.
89. Plaintiffs notified Defendants on several occasions that they were not in compliance with
the terms of the written contract.
90. Plaintiffs have and will continue to expend considerable sums of money to address and
correct the omissions and defects of Defendants' workmanship.
91. The costs incurred by Plaintiffs to put themselves in the position that they would have
been in had Defendants adequately satisfied their obligations under the contract are
damages.
WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendants in the
amount damages in excess of the compulsory arbitration limits, attorneys fees., costs and interest
association with this bringing of the within action.
Respectfully Submitted,
& KUTULAKIS, LLP
Date: February 41 2012
Jas In P. utulakis, Esquire
At rney I # 80411
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
14
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating
to unsworn falsification to authorities.
February _)-L, 2012
February AO , 2012
Robert Michelin
kaxL" _
Lisa Mic lini
16
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Page 1 of 1
:ate Business Alters Construction
HIC # PA082929 Registered Since 7/16/2011 Expiration 7/16/2013
Phone 717-919-8093 Fax
Address 1 115 forestview drive
City shermans dale State PA Zip 17090
Description roofing,decking,additions
View Mao ` (The accuracy of distance is based on provided address.)
- s ;ntc,mahon was omv+de(fby ,. _ ?c ,r acta :, m c reo ?.:cn fo n- r _ _'anf to .n_ .a.,; , r the i-tor»e
Improvement consmner Protectiart A,a.
r c9-+taNon unae, 11CPAm r7ot a it _om.m? ,.. ,;; t'>e
CC ntra,^.tor 5 CCn?peienCy Cr <Y!
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EXHIBIT
Home Complaints" Consumers Crime Drugs Kids, Parents & Schools Press Seniors The Office Search Contact Us
C,3n,ra Search iteiia Search Results; Click the business name to view the details
Details
a ror?a--ts Shareholders Information Background Out Of State
david T. alter
Title
sole proprietor
Page 1 of 1
http://hicsearch.attomeygeneral.gov/Detail.aspx?id=1 e223744-b 1 of-e0l 1-9de5-005056a77... 2/11/2012
Details
7L oration ?> Background 71 Out Of State
P Contacts • Shareholders
F
Insurance Information
Totals: 5500,000.00
Other Registrations
lope 175=:;.cr State I feaistration Plumber
Eus ness has no other reg.st at+ons.
C0n1pany Property Damage
ene insurance $500,000.00
Page 1 of 1
crsenal Injury
$500,000.00
5500,000.00
http://hicsearch.attomeygeneral.gov/Detail.aspx?id=1 e223744-b 1 af-e011-9de5-005056a77... 2/11/2012
PROPOSAL
ALTERS CONSTRUCTION
Nte icsburg, Pa. 17050
Phone # 717-919-8093
Phone (717-443-7129
PROPOSAL NO.
17--1,11
SHEET NO_
DATE
//-;1 -l/
We hereby propose to; perform the labor necessary for the completion of
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Ail material is guaranteed to be as specified, and the above work to be performed in accordance with the-drawings and specifications
sutxnitted for above work, and completed in a substantial workmanlike manner for the sum of 1.-?-?
Dollars t$_ 7 3 ;
vrith payments to be [Wade as follows: Any alteration or deviation irornabove speaTmations irrvoMng extra costs
?? a t vall be executed only upon written order, and wry become an extra charge
over and above the estimate. AH agreements contingent upon strikes, ac-
?.J .S 7/ 1 cidents. ordelays beyond our coritrol.
Respectfully submitted
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(Vote - This proposal may be withdrawn by us if not accepted within Zdays.
ACCEPTANCE OF PROPOSAL
i l se 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
Data Signature
EXHIBIT
??T IN USA PHUPOSAL SUBmn TED TO_
Da-t,$
-.r' PROPOSAL.
WORK TO BE PERFORMED AT
PROPOSAL SUBMITTED TO WORT: TO BE PERFORMED AT
NAME
ADDRESS
PHONE I\10.
PNUPCSAL-Flo.
SHEET N0
GATE
DATE OF PLANS
ARCHITECT
We hereby Propose to furnish the materials and perform the labor necessary for the completion of
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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 made as follows:
Respectfully submitted
Any alteration or deviation from above specifications involving extra costs
will be executed oniv upon written order, and will become an extra charge Per
over and above the estimate. All agreements contingent upon strikes, ac-
cidents , or delays beyond our control.
Note -This proposal may be withdrawn
_ by us if not accepted within days.
ACCEPTANCE OF PROPOSAL
The above prices; specifications and conditions are satisfactory and are hereby acceep d. Yo ,_ar `., nriz- , to ork
as specified. Payments will be made as outlined above. I?,c-
Date
Signature
Signature
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PROPOSAL
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Robert G. Michelini, D.O.
vs.
Alters Construction (et al.)
?Q??utp of ?ria,?ltrr????4
H CL
2912 MAR 16 AM 8: 4S
k,UMBERLAND, COW4T`7'
PEWISYLVAWA
Case Number
2012-1359
SHERIFF'S RETURN OF SERVICE
03/01/2012 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: Alters Construction, but was unable to locate them in
his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within
Complaint and Notice according to law.
03/01/2012 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: David Alter, but was unable to locate them in his
bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint
and Notice according to law.
03/05/2012 10:00 AM - Perry County Return: And now March 5, 2012 at 1000 hours I, Carl E. Nace, Sheriff of Perry
County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and
Notice, upon the within named defendant, to wit: David Alter by making known unto himself personally, at
115 Forest View Drive, Shermansdale, Pennsylvania 17090 its contents and at the same time handing to
him personally the said true and correct copy of the same.
03/05/2012 10:00 AM - Perry County Return: And now March 5, 2012 at 1000 hours I, Carl E. Nace, Sheriff of Perry
County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and
Notice, upon the within named defendant, to wit: Alters Construction by making known unto David Alter,
Owner of Alters Construction at 115 Forest View Drive, Shermansdale, Pennsylvania 17090 its contents
and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $55.70
March 12, 2012
SO ANSWERS,
4Z
RON R ANDERSON, SHERIFF
r Ocur iilc She [ 7 r:n;I. Ine
Robert G. & Lisa A. Michelini
Versus
Alters Construction &
David Alter
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
PERRY COUNTY BRANCH
No. 2012-1359 Cumberland Co.
SHERIFF'S RETURN
And now March 5 , 2012 : Served the within name Alters Construction
the defendant(s) named herin, personally at his place of residence in Carroll Twp- 115
Forest View Drive,
Shermans Dale,
Perry County, PA, on March
by handing to David Alter, owner
copy(ies) of the within Complaint
and made known to him the contents thereof
Sworn and subscribed to before me this
day of r
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARGARET F. FLICKINGER, Notary Public
Bloomfieid Boro, Perry County
My Commission Expires February 16, 2016
5 , 2012 at 10:00 o'clock AM
1 true and attested
So answers
Deputy Sheriff of Perry County
Robert G. & Lisa A. Michelini
Versus
Alters Construction &
David Alter
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
PERRY COUNTY BRANCH
No. 2012-1359 Cumberland Co.
SHERIFF'S RETURN
And now March 5 , 2012 : Served the within name David Alter
the defendant(s) named herin, personally at his place of residence in Carroll Twp- 115
Forest View Drive,
Shermans Dale,
Perry County, PA, on March 5 , 2012 at 10:00 o'clock AM
by handing to David Alter, defendant 1 true and attested
copy(ies) of the within Complaint
and made known to him the contents thereof
Sworn and subscribed to before me this &G,
day of r6- 11 , d 6Y -Z
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARGARET F. FLICKINGER, Notary Public
Bloomfield Boro, Perry County
My Commission Expires February 16, 2010
So answers
Deputy Sheriff of Perry County
OM &
KUTULAKIS
Jason P. hutulakis, F,squirc
Attorney I.D. No: 81411
2 West High Street
Carlisle, Pennsylvania 17013
(717) 249-0900
ROBERT G. MICHELINI
LISA A. MICHELINI
Plaintiffs
V.
4 l t !!U(?
1 F 1?1 OF l: k A i
2012 MAY -I Ph 4: C5
CUMBERLAND r f
NNLANA
ALTERS CONSTRUCTION
And
DAVID ALTER
Defendants
TO DAVID BUELL, PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
FILE NO.: 2012-1359
CIVIL ACTION - LAW
Please enter judgment in favor of Plaintiffs, Robert G. Michelin and Lisa A. Michelin, and
against Defendants, Alters Construction and David Alter, for failure to file an Answer to the
Complaint.
Amount claimed in Complaint: Contribution, Sole Liability and/or Indemnification for
$44,088.81 ($44,088.81 total with interest accruing at 2.40% per annum), the amount claimed by
Plaintiffs, Robert G. Michelin and Lisa A. Michelin against Defendants, Alters Construction and
David Alter.
I certify that written notice of the intention to file this praecipe was mailed to the party
against whom judgment is to be entered and to his/her attorney of record, if any, after the default
occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the
4-o' S-0 I k a'6
c or7
r -7 J
814 k e-C,
notices are attached, pursuant to Pa.R.C.P. Rule 237.1.
Date: J 1
Respectfully submitted,
ABom & KUTULA"s, LLP
Jason P r s, squire
Attorney ID # 80411
Abom & Kutulakis, LLP
Carlisle, PA 17013
(717) 249-0900
Attorneys for Plaintiffs
judgment is hereby entered for Plaintiffs, Robert G. Michelin and Lisa A. Michelini,
and against Defendants, Alters Construction and David Alters, for failure to file an Answer
to the Complaint.
Date:
avi Buell
Prothonotary, Cumberland County
AB?oM &
KUTUrAKls
Jason P. Kutulakis, Esquire
Attorney I.D. #: 80411
2 west I [igh Street
Carlisle, PA 17013
(717) 249-0900
ROBERT G. MICHELINI
LISA A. MICHELINI
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V.
ALTERS CONSTRUCTION
And
DAVID ALTER
Defendants
FILE NO.: 2012-1359
CIVIL ACTION - LAW
IMPORTANT NOTICE
To: Alters Construction
115 Forest View Drive
Shermansdale, PA 17090
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU IN THE COMPLAINT. UNLESS YOU ACT
WITHIN TEN (10) 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, 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 ELGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
PENNSYLVANIA LAWYER REFERRAL SERVICE
100 South Street
P.O. Box 186
Harrisburg, PA 17108
(717) 800-692-7375
Respectfully submitted,
& KUTULA)US, LLP
DATE: APRIL 16, 2012
Jaso P. tulakis, Esquire
Attey I N-# 80411
Abom & Kutulakis, LLP
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
Aom &
KuTUr_,nicis
ja,on Y. Kutulakis, Esquire
Vtomey I.D. #: 80411
2 \Vcst I ligh Strcct
Carlisle, PA 17013
717) 349-0900
ROBERT G. MICHELINI
LISA A. MICHELINI
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V.
ALTERS CONSTRUCTION
And
DAVID .ALTER
Defendants
FILE NO.: 2012-1359
CIVIL ACTION - LAW
IMPORTANT NOTICE
To: David Alter
115 Forest View Drive
Shermansdale, PA 17090
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU IN THE COMPLAINT. UNLESS YOU ACT
WITHIN TEN (10) 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, 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 ELGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
PENNSYLVANIA LAWYER REFERRAL SERVICE
100 South Street
P.O. Box 186
Harrisburg, PA 17108
(717) 800-692-7375
Respectfully submitted,
D.-TE: APRIL 16, 2012
ABOM & KUTULAKIS, LLP
Jason Ku s, Esqu
Atto ey ID '80411
Abom & Kutulakis, LLP
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 1" day of May, 2012, I, Shannon Freeman, of Abom & Kutulakis, LLP,
hereby certify that I did serve a true and correct copy of the foregoing document by depositing, or
causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to
the following:
David Alter
115 Forest View Drive
Shermansdale, PA 17090
Alters Construction
115 Forest View Drive
Shermansdale, PA 17090
C1-{?1?41.Gi?'L - ?J
annon Freeman