HomeMy WebLinkAbout02-0633WADE D. FRAKER,
Plaintiff
Vo
DAVID SCHOCK and
CHRISTOPHER SCHOCK, t/d/b/a
KEYSTONE PAVING,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. O~ ~,~53 CIVIL TERM
.'
:
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 maybe 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
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Richard L.-Webber, Jr., Esquire
Attorney ID No. 49634
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attomey for Plaintiff
WADE D. FRAKER,
Plaintiff
DAVID SCHOCK and
CHRISTOPHER SCHOCK, t/d/b/a
KEYSTONE PAVING,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:: NO. 0~- ~v~ CIVIL TERM
:
.
COMPLAINT
AND NOW, comes the Plaintiff, Wade D. Fraker, by and through his attomey, Richard L.
Webber, Jr., and files this Complaint, averring the following:
1. The Plaintiff is Wade D. Fraker, of 1120 Green Spring Road, Newville, Cumberland
County, Pennsylvania 17241.
2. The Defendants are David Schock and Christopher Schock trading and doing
business as Keystone Paving, with address at 150 Bridge Road, Newville, Cumberland County,
Pennsylvania17241.
3. The Plaintiff owns property located at 1120 Green Spring Road, Newville,
Cumberland County, PA 17241.
4. In early October, 2000, Plaintiff and Defendants entered into an oral agreement
concerning the providing of macadam at Plaintiff's property by Defendant.
5. Specifically, Defendants agreed to place macadam at Plaintiff's property on the
driveway and rear parking area for the sum of $16,600.00.
Defendants provided macadam at Plaintiffs property on October 5, 2000.
Plaintiffpaid Defendants a total of $16,600.00, representing the agreed upon price.
In April, 2001, Plaintiff observed that the macadam was cracking.
10.
11.
Plaintiff contacted Defendants concerning the condition of the macadam.
Plaintiff demanded to Defendants that the macadam be replaced by Defendants
Defendants refused and continue to refuse to replace the macadam.
WHEREFORE, Plaintiff respectfully requests judgment in his favor and against Defendant
for the sum of $16,600.00, plus costs and other appropriate relief.
Respectfully submitted,
LAW OFFICE OF MICHAEL J. HANFT
Richard L. Webber, Jr., Esquir~
Attorney I.D. No. 49634
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
VERIFICATION
Wade D. Fraker hereby verifies that the facts set forth in the foregoing Complaint are true
and con'ect to the best of his knowledge, information and belief, and understands that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom
falsifications
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2002-00633 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FRAKER WADE D
VS.
SCHOCK DAVID T/D/B/A KEYSTONE
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,SCHOCK DAVID T/D/B/A KEYSTONE ,
PAVING by United States Certified Mail postage
prepaid, on the 25th day of February ,2002 at 0000:00 HOURS, at
SARASOTA COUNTY JAIL PO BOX 49588
SARASOTA, FL 34230
and attested copy of the attached COMPLAINT & NOTICE
with
, a true
Together
receipt card was signed by SIGNATURE ILLEGIBLE
03/04/2002
The returned
on
Additional Comments:
Sheriff,s Costs:
Docketing 18.00
Service 3.95
Affidavit .00
Surcharge 10.00
.00
31.95
So answ~.../-~--~? /
~R. Thomas kline
Sheriff of Cumberland County
Paid by MICHAEL HANFT
Sworn and subscribed to before me
this /q~ day of 7~
~ A.D.
thonotary
on 03/13/2002
SHERIFF' S RETURN - REGULAR
CASE NO: 2002-00633 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRAKER WADE D
VS
SCHOCK DAVID T/D/B/A KEYSTONE
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SCHOCK CHRISTOPHER T/D_____/B/A KEYSTONE PAVINGthe
DEFENDANT , at 1213:00 HOURS, on the 27th day of February , 2002
at 150 BRIDGE ROAD
NEWVILLE, PA 17241
MICHELLE SCHOCK, WIFE
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff.s Costs:
Docketing 6.00
Service 7.59
Affidavit
.00
Surcharge 10.00
.00
23.59
Sworn and Subscribed to before
me this /~ ~ day of
A.D.
~t h~ n o t~a Ir~'~y--',' ~/~'[
So Answers:
R. Thomas Kline
03/13/2002
MICHAEL HANFT
By:
Deputy Sheriff