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Home My WebLink About12-4940NEW CUMBERLAND FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA V. CIVIL ACTION - LAW ED-KAT INC. T/DB/A H. I. BROWN mm c MIRROR & GLASS SERVICE, n NO -1 ? T? ? rn DEFENDANTS . p(- .--- ? co ---tom 2 -n z-n NOTICE r - 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 RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR 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. 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY BAR CENTER 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 By: t&oWell Lav/r irm ,619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 ??.,?? ®?ot 75pd Q Ct 10:5c? S' NEW CUMBERLAND FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, OF CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA Vs. NO. ED-KAT INC. t/d/b/a H.I. BROWN MIRROR & GLASS SERVICE., DEFENDANT CIVIL ACTION - LAW COMPLAINT Plaintiff New Cumberland Federal Credit Union is a non-profit federally chartered credit union with its principal place of business located at 345 Lewisberry Road, New Cumberland, York County, Pennsylvania 17070. 2. Defendant Ed--Kat Inc. is a Pennsylvania Corporation t/d/b/a H.I. Brown Mirror & Glass Service with its principal place of business located at 640 West Main Street, Palmyra, Lebanon County, Pennsylvania 17078. 3. Plaintiff retained the services of KDA Holdings Inc. (hereinafter "KDA") to plan, coordinate and act as its construction manager for a new branch located at 6692 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. In 2008 the Defendant was contracted to provide aluminum framing and glazing services for the new branch on behalf of the Plaintiff. 5. In the spring of 2011 the new branch began to experience numerous and sustained water infiltration problems originating with the defective work performed by the Defendant which was not in accordance with professional construction practices. 6. The Defendant: failed to properly install the aluminum framing and glazing services or otherwise complete its work as follows: a. In the northeast corner of the vestibule water enters at the corner of the aluminum enclosure on the building's exterior; b. In the Assistant Manager's office the sill flashing had been improperly cut away to allow for the aluminum framing to fit tightly against the exterior aluminum wall framing which allows water to collect against the building instead of being directed to the exterior face of the aluminum framing. c. Water infiltrates into the building at the bottom of the aluminum framing in the Manager's office. d. Water infiltrates into the building in the ceiling of the Manager's office because the aluminum framing above the roof is not resting on the parapet wall. e. Vertical aluminum closure strips between aluminum framing and masonry wall allows water to enter the building. f. And other areas of water infiltration at locations where the aluminum framing and glazing was performed by the Defendant in an unprofessional manner. 7. The water has damaged ceiling tiles, carpeting, drywall and paint within the branch office. In the later spring/early summer of 2011 Plaintiff retained the services of Cianfichi, Scholl & Ludwig Architects to ascertain what was causing the water problems outlined in Paragraphs 6a - 6f. 9. The cause of the problems was determined to be inferior construction practices by the Defendant when working on the branch office. 10. The Plaintiff corrected the problems using McCoy Brothers Inc. in the fall of 2011. 11. The Plaintiff has incurred architectural fees of $2,300.00 to correct the defective work by the Defendant. 12. The Plaintiff has also incurred general construction fees of $13,854.00 to correct the defective work by the Defendant. 13. On May 23, 2012 a written letter of demand was sent to the Defendant demanding payment of $16,154.00. 14. As of August 2, 2012 no payment has been received by the Defendant for the $16,154.00 in damages caused by the Defendant's failure to install the aluminum framing and glazing services. 15. Plaintiff seeks an award of $16,154.00 against the Defendant. WHEREFORE, Plaintiff seeks entry of judgment against the Defendant for SIXTEEN THOUSAND ONE HUNDRED FIFTY FOUR AND 00/100 ($16,154.00) DOLLARS plus six percent interest and all court costs. Respectfully submitted, By: 619 ridge Street Xw Cumberland, PA 17070 Supreme Court I.D. 62063 (717) 770-1277 Voice Attorney for the Plaintiff 02/05 VERIFICATION I/we verity that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of. 18 Pa. C.S.A. Section 4944 relating to unsworn falsification to authorities. BY: / an?? &/V? Do d Varner, Pr ' e.nt New Cumberl V6deral Credit Union. Date: F /Ll« Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNT~1( ~4`~y1~~, uC ~1a 111 f/~~,f7`t¢ ;;aFF - v. €~1~~~ ~eL~t.~-l,~i~° r~ ~.~~~~~~N~`~1.~ Ir,I~f.~,~,5 ~ ,3~ ~'El~~~S4'L~'A~~E~: New Cumberland Federal Credit Union Case Number vs. 2012-4940 Ed-Kat Inc. t/d/b/a H.I. Brown Mirror and Glass Service SHERIFF'S RETURN OF SERVICE 11/28/2012 07:29 PM -Deputies went to address provided for Ex-Kat, Inc. t/d/b/a Brown Mirror and Glass Service. Deputies spoke with president Ed Powers. Mr. Powers advised that there is no business property located at this address (this is Mr. Powers residence); all business property is located at 640 W Main Street, Palmyra, PA 17078. Mr. Powers also indicated that his business is in the process of filing for bankruptcy; but it has not yet been completed and filed. 11/29/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned Nulla Bona. SHERIFF COST: $67.06 November 29, 2012 SO ANSWERS, ~~ RON R ANDERSON, SHERIFF ~~ 4,:25 ~ (_ d 5~ P d ~:~ ~ ~~d~ NEW CUMBERLAND FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, OF CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA VS. NO. 2012 - 4940 CIVIL TERM ED-KAT INC. t/d/b/a ; H.I. BROWN MIRROR & GLASS SERVICE, ; DEFENDANT CIVIL ACTION - LAW RULE TO SHOW CAUSE th AND NOW, this 14 day of February 2013 a Rule is hereby issued upon the Defendant and its corporate president, Edward H. Powers to show cause why answers to interrogatories should not be provided. Rule returnable within 2 0 days of service by first class, postage prepaid United States Mail addressed to Defendant's president. By the Court: JudglJ Certified Copies To: Steven Howell, Esquire Howell Law Firm 619 Bridge Street , New Cumberland, PA 17070 .. Edward H. Powers, President ,? r Ed-Kat Inc. t/d/b/a H.I Brown Mirror and Glass Service f,, 851 Kiehl Drive Lemoyne, PA 17043 ° L G??? ?' S IA G