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Home My WebLink About04-5630 09-2-01 Dl.I- S"'-30 (!t~ lL'-IT: 0 YV. NOTICE OF JUDGMENT/TR'ANSCRip-l CIVIL CASE PLAINTIFF: NAME and ADDRESS rpERRARO FOODS, INC. PO BOX 11848 C/O KNUPP,KODAK & IMBLUM ~ISBURG, PA 17108 VS. DEFENDANT: NAME and ADDRESS ~EVITA, FILIPPO, ET AL. 245 S. SPRING GARDEN ST CARLISLE, PA 17013 L Docket No.: CV- 0000314 - 04 Date Filed: 8/26/04 ~OMMONWEAL TH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: DJ Name: Hon. PAULA P. CORREAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 240 - 6564 17013 - 0000 FERRARO FOODS, INC. PO BOX 11848 C/O KNUPP,KODAK & IMBLUM HARRISBURG, PA 17108 THISIS TO NOTIFY YOU-THA~ Judgment: [!] Judgment was entered for: (Name) [iJ Judgment was entered against: (Name) , nRFAUT,T JU1l~~ PT,TF FR~~~~O Fonn~, T~C. nRVTTA, FTT,TPpn in the amount of $ 1,1E;1_14 on: (Date of Judgment) 10/04/04 D Defendants are jointly and severally liable. D Damages will be assessed on: (Date & Time) D This case dismissed without prejudice, Amount of Judgment $ 1,067.84 Judgment Costs $ 83.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,151.34 Post Judgment Credits $ Post Judgment Costs $ D Amount of Judgment Subject to Attachment/42 Pa.C.S. ~ 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT:BY FILING A NOrlCE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF:COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE I~TERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. /0- '1- Of Date cd.h _~1HtL I certify that this is a tru~rect copy ~;:zJ':;'f the pro 10 - 'I-otf Date ~~ 1JJZPJ. , District Justice dings containing the judgment. I District Justice My commission expires first Monday of January, 2006 . SEAL AOPC 315-03 DATE PRINTED: 10/06/04 9:24:11 AM ,;. . . ~OMMONWEAL TH OF PENNSYLVANIA COUNTY OF: CUMBERLAND .Mag. Dist No.: 09-2-01 DJ Name: Hon. PAULA P. CORREAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 240 - 6564 17013 - 0000 FERRARO FOODS, INC. PO BOX 11848 C/O KNUPP,KODAK & IMBLUM HARRISBURG, PA 17108 ~~ THIS IS TO NOTIFY YOU THAT: Judgment: [i] Judgment was entered for: ') , , . NOTICE OF JUDGMENTITRANSCRlp. CIVIL CASE PLAINTIFF: NAME and ADDRESS rpERRARO FOODS, INC. PO BOX 11848 C/O KNUPP,KODAK & IMBLUM ~ISBURG, PA 17108 VS. DEFENDANT: NAME and ADDRESS ~EVITA, FILIPPO, ET AL. 245 S. SPRING GARDEN ST CARLISLE, PA 17013 L Docket No.: CV- 0000314 - 04 Date Filed: 8/26/04 nRFAOT.T J(JTlGl4'~ PT.TF (Name) FRF1V~RO Foong, TNC. [i] Judgment was entered against: (Name) FTT.TPPO nRVTTA - T/A ~RT.OR ~.FR in the amount of $ 1,1~1_l4 on: D Defendants are jointly and severally liable, D Damages will be assessed on: D This case dismissed without prejudice, D Amount of Judgment Subject to Attachment/42 Pa.C.S. ~ 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 10/04/04 (Date & Time) Amount of Judgment $ 1,067.84 Judgment Costs $ 83.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,151.34 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ 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 THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 10 -l/' of Date ";:?,../.;_ _~( ~ ' District Justice co ect copy Jf1?)e~",dlof the ~JceedingS containing the judgment. 'IML ,,-l.J{{/~ , District Justice " I certify that this is a true a Jd ~ 'I- (It( Date My commission expires first Monday of January, 2006 . AOPC 315-03 DATE PRINTED: 10/06/04 , ----- SEAL 9:26:33 AM /I . . """-cOMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-2-01 NOTICE OF JUDGMENTITRANSCRlp. CIVIL CASE PLAINTIFF: NAME and ADDRESS fFERRARO FOODS, INC. PO BOX 11848 C/O KNUPP, KODAK & IMBLUM ~ISBURG, PA 17108 VS. DEFENDANT: NAME and ADDRESS ~EVITA, FILIPPO, ET AL. 245 S. SPRING GARDEN ST CARLISLE, PA 17013 L Docket No.: CV-0000314-04 Date Filed: 8/26/04 Mag. Dis!. No.: DJ Name: Hon. PAULA P. CORREAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 240 - 6564 17013 - 0000 FERRARO FOODS, INC. PO BOX 11848 C/O KNUPP,KODAK & IMBLUM HARRISBURG, PA 17108 '1' THIS IS TO NOTIFY YOU. THA 1.: . Judgment: . '-0 --~, nRFAUT.T J(J1)~Rlfl' PT.TF [!] Judgment was entered for: (Name) FR'R'R~'RO Foons, TNC. 00 Judgment was entered against: (Name) FTT.TPPO nRVTTA - T/A ~HT.OR PT7,7.A, in the amount of $ 1 , 1 ~ 1 _ "\4 on: (Date of Judgment) 10/04/04 D Defendants are jointly and severally liable, D Damages will be assessed on: /' () I /- I...)~ " ) (,-- (Date & Time) D This case dismissed without prejudice, Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees .. '! Total 'c.; . -. $ 1,067.84 $ 83.50 $ .00 $ .00 $ 1,151.34 D Amount of Judgment Subject to Attachment/42 Pa.C,S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ 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 dF THE COURT OF/COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. /0 - $1- tit Date Cd?~ ~ , District Justice I certify that this is a true a~t copy of t /o.V-dl./ Date lIJU , gs containing the judgment. , District Justice My commission expires first Monday of January, 2006 . SEAL AOPC 315-03 DATE PRINTED: 10/06/04 9:25:20 AM ~ .' ~ ~ t~ ::0 . ).J ~ c., 0 1') ~ - ....... c;;:;) ~ 3 ~ c::::> .c: ~ .s:'" .-4 b ",JjJ: Z :r:::o r:J_! \ ; 0 n1r- .....;: ~ ~ -om 6'" I ~~~ O::l b \U ....0 ~ ::~-?\ .- I -u ;'.J :D L(~~,.: :J~ ::;.>'0 ~ -c.. . . c., om J>e: '-!? --I -7 ?i; =3 (..) ~ -... CJl ,.. ~~ KNUPP, KODAK & IMBLUM, P.C. 407 NORTH FRONT STREET P,O. BOX 11848 HARRISBURG, PA 17108-1848 ... _ ."...", P\,AINnff ",~~~"~n f".:''''' ----------------- HOFFMAN'S CUSTOM CONTRACTING, INC., PENNSYLVANIA Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : CIVIL ACTION - LAW v. RANDALL K. BAKER and JULIE BAKER, Defendants : NO. 04-5730 CIVIL TERM 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 New Matter and Counterclaim and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 f;~r any money claimed in the New Matter and Counterclaim or for any other claim or relief requested by the Defendants. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE ALA WYER, 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Strel~t Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNELBAKER Be BRENNEMAN ,#m1/L--.. By: Attomeys for Defendants II ,I HOFFMAN'S CUSTOM CONTRACTING, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W v. RANDALL K. BAKER and JULIE BAKER, Defendants : NO. 04-5730 CIVIL TERM ANSWER. NEW MATTER AND COUNTERCLAIM Defendants, through their attorneys, Snelbaker & Brenneman, P. C., submit this Answer, New Matter and Counterclaim in response to Plaintiffs Complaint as follows: ANSWER 1. Admitted upon information and belief. 2. Admitted. 3. Admitted in part; denied in part. Although it is admitted that the parties entered into a construction agreement on November 3, 2003 (the "Construction Agreement"), it is denied that the parties' Construction Agreement in its entirety is attached as Exhibit A to Plaintiffs Complaint. The Construction Agreement included drawings depicting the residence to be constructed by Plaintiff, which drawings were not attached to Plaintiffs Complaint. 4. Denied. It is denied that the parties agreed to specifications for construction of a residence on September 24,2003. On the contrary, Defendants approved specifications for construction of the residence September 24, 2003. The parties agreed to such specifications ttached to Plaintiffs Complaint as "Exhibit B" upon entering into the Construction Agreement LAW OFFICES SNELBAKER Be BRENNEMAN ovember 3,2003. 5. Admitted in part; denied in part. Although it is admitted that Defendants requested dditional work for the installation of a stone base for a shed, it is denied Defendants requested LAW OFFICES SNELBAKER Be BRENNEMAN the installation of a brick partition and that a new lawn be installed. On the contrary, Defendants requested that a brick walkway be installed, not a "partition". In addition, the lawn to be installed by Plaintiff was part of the Construction Agreement for which Plaintiff had already been paid $3,000.00. 6. Admitted in part; denied in part. Although it is admitted that the work requested by Defendants as specified in Paragraph 5, above, was eventually completed, it is denied that such work was properly completed for the reasons set forth in Defendants' New Matter, the averments of which are incorporated by reference herein. It is admi1ted that Plaintiff presented the invoices and statements identified as Exhibit C to Plaintiffs Complaint, although it is denied, for the reasons set forth in Defendants' New Matter, that payment is due to Plaintiff pursuant to the invoices presented. 7. Admitted in part; denied in part. Although it is admitted only that Defendants paid Plaintiff $100,00, it is denied there is a balance due Plaintiff of$13,933.52 for the reasons set forth in Defendants' New Matter, the averments of which are incorporated by reference herein, It is further denied, to the extent it is implied, that Plaintiff gave Defendants a $750.00 credit for the range. On the contrary, any credit given was given by Smithts Appliance & Electric Center. WHEREFORE, Defendants request that Plaintiffs Complaint be dismissed with prejudice and judgment be entered in their favor. 2 NEW MATTER 8. Plaintiffs Complaint fails to set forth a claim or cause of action upon which relief may be granted. 9. Lawn, landscaping and grading were part of the price for all work specified in the Construction Agreement, the amount of which price, $367,581.00, together with additional amounts, were paid by Defendants to Plaintiff. 10. The work claimed to have been performed by Plaintiff as represented by the charges noted on invoices attached to Plaintiffs Complaint was improperly performed, incomplete and ot performed in a reasonably workmanlike manner in the following particulars: a. The grading and seeding was uneven and incomplete; b. Many areas of the property were not finished or raked; c. The grading in front of the residence slopes back toward the residence and toward the garage; d. Earth was mounded to the left side of the front entrance (facing the residence) in order to cover an area where stone facing had not been installed; e. Because of the conditions identified in c. and d., above, water collects adjacent to the residence near the garage and has no means to drain away from the residence; f. Water pools and collects on various locations on the property; g. No final or finish grading or raking was done in an area 15 to 20 feet in width on the property adjacent to the roadway; h. The pavers used for installation were of two noticeably different colors; 1. An area of pavers was installed improperly at an angle leading to the shed; and J. Pavers installed near the pool are settling and collapsing into the ground. LAW OFFIC!':S SNELBAKER Be BRENNEMAN 3 LAW OFFIC!':S SNELBAKER Be BRENNEMAN II Ii Ii I I 11. For the reasons set forth in Paragraph 10, above, Defendants have expended time and money and will be required to expend additional time, money and effort to address and correct he deficiencies in workmanship as noted above. 12. Defendants claim in set-off to any amounts daimed to be due by Plaintiff those amounts, costs and expenses expended and to be expended by them necessary to address and correct the deficiencies described in Paragraph 10, abovl::. WHEREFORE, Defendants request this Court to dismiss Plaintiffs Complaint with prejudice and in the alternative, enter judgment in their favor and award as a set-off to any damages claimed by Plaintiff those amounts incurred or to be incurred to address, correct and remedy the deficiencies set forth in Defendants' New Matter. COUNTERCLAIM 13. Plaintiff and Defendant on November 3, 2003 entered into a Construction Agreement whereby Plaintiff agreed, inter alia, to construct a residential house on a tract of land commonly known as Lot 50,37 Ashton Street, Carlisle, Pennsylvania. A true and correct copy of the parties' Construction Agreement, with specifications, is attached to Plaintiffs Complaint and incorporated herein as Exhibits A and B. The parties' Construction Agreement included drawings providing construction details (the "drawings") the size and number of which preclude heir attachment to this Counterclaim as an exhibit; however, said drawings are incorporated by eference herein as being part of the Construction Agreement. 14. In accordance with the terms ofthe Construction Agreement, the price to be paid for ork to be performed by Plaintiff was $367,581.00. 4 LAW OFFIC!':S SNELBAKER Be BRENNEMAN II I I 15. By the beginning of August 2004 and as a condition of occupancy ofthe residence by Defendants and the obtaining of an occupancy permit by Plaintiff, Defendants had paid Plaintiff in excess of$389,581.00. COUNT I Breach of Implied Warranty. 16. The averments of Paragraph 13 through 15, above, are incorporated by reference herein. 17. Plaintiff, as a builder-vendor, impliedly wammted that the residence constructed for Defendants and the work undertaken under the Construction Agreement would be constructed and undertaken in a reasonably workmanlike manner and that the residence would be fit for habitation as a residential dwelling. 18. Subsequent to Defendants taking possession ofthe residence, the following defects and deficiencies arose or were discovered or confirmed by Defendants in the residence constructed and the work performed for them by Plaintiff: a. There was no standing metal roofing over the porch and roof above the front of bedroom No.3; b. No egress/ingress was provided to and from the basement; c. No tray ceiling was provided for in the foyer; d. No tray ceiling was provided for in the master bathroom; e. No tray ceiling was provided for in the master bedroom; f. No vault ceiling was provided for in the master bedroom sitting area even though the roof where such ceiling should have been installed was vaulted; g. No base cabinets or shelves were provided on the downstairs fireplace; h. No arching in the entryways to the Jack and Jill bathroom was provided; 5 1. A two-sided fireplace was not installed upstairs; J. No linen closet was installed in the master closet; k. Only 4 of 5 shelves were provided in the pantry; 1. The tile on the master bathroom floor is crooked and uneven and adjustment cuts are made in the center of the floor; m. Master bathroom mirrors do not fit together properly and contain a large gap between them; n. Master bathroom caulking is cracked and was sloppily applied; o. Tiles around the master shower are cracked, ill fitting and are raised from the base. p. Window in the toilet area is off center; q. Numerous doors and railings in the hallway have pencil marks that were covered by urethane; r. There are numerous flaws and deficiencies in the drywall; s. There are several closet doors that have not been installed properly because they cannot be closed individually; 1. The tile floor in the second bedroom bathroom is chipped and the grout is discolored; u. The bathroom fixtures in the second bedroom bathroom do not fit to the wall or bath tightly and were caulked with caulk that was Y:~ inch thick; v. Two baths have no shower enclosure and the tubs were badly scratched during construction and installation. w. None of the doorway jambs are sanded or finished at the floor. x. Most doors were not sanded prior to painting. y. The front porch railing was fabricated in an unprofessional manner and never finished. LAW OFFIC!':S SNELBAKER Be BRENNEMAN z. The hallway and entry foyer tile has grout flaws and was not cleaned properly after installation. aa. The main fireplace mantel has exposed edges of unfinished plywood. 6 LAW OFFIC!':S SNELBAKER Be BRENNEMAN II 1\ bb. There are numerous gouges and flaws in the molding and many mitered comers are poorly fitting. cc. The kitchen windowsill slopes, is uneven and the center posts do not match evenly. dd. The damaged walls from the wet bar and kitchen shelf are not properly fixed. ee. There are numerous flaws in the kitchen cabinets including loose hinges. ff. The garage floor has numerous paint and spackling splashes. gg. There was major damage to the southwest wall of the garage. hh. There is standing water in the garage drains. n. There are major cracks in the basement and garage floors. JJ. The basement floor was cover with mud and never cleaned. kk. The basement sump hole was never opened. ll. The shower in the master bath does not work properly. mm. The inside walls of some of the closets have not been painted around the doorjambs. nn. The closet in bedroom 2 needs to be painted. 00. All white/light colored walls are painted with flat paint instead of semi-gloss paint called for. pp. The front door jamb has gouges which were not properly touched up or repaired. qq. The front door weather stripping has paint smears on it. rr. Virtually all door hinges were installed without sanding around edges. ss. The miter cuts in the molding do not fit cleanly. tt. The gas line was not hooked up in the upstairs fireplace. uu. The installed pole light was not a dawn-to-dusk light as required; vv. The granite kitchen countertop is settling and uneven in elevation at its seam; WW. Window sills are loose and were not adequately attached; 7 xx. The installed gas line was left open and was neither capped nor connected; yy. The stonework on the front of the house was not completed and soil was graded/mounded to conceal the incomplete stonework; zz. The windows installed may be Anderson 200 series windows; not 400 series windows; aaa. The grading and seeding was uneven and incomplete with areas where water stands for days. bbb. Many areas of the property were not finished or raked such as the areas around the light pole and pool equipment. ccc. The grading done in the front of the residenc(;: slopes back toward the house and into the garage. ddd. No extensions were placed on the downspouts. eee. Rocks, weeds and trash from grading and seeding were simply deposited at the edges of the property line. fff. The patio pavers are two different colors. ggg. Pavers installed near the pool are settling and collapsing into the ground. hhh. An area of pavers was improperly installed at an angle leading to the shed; 111. The exit steps to the patio are of insufficient size and quality; and JJJ. To the extent not set forth above, for the reasons set forth in Paragraph 10 of Defendants' New Matter, the averments of which Paragraph are incorporated by reference herein. 19. Due to the existence of the deficiencies and defects noted in Paragraph 18, above, the esidence constructed and the work performed by Plaintiff have not been constructed and erformed in a reasonably workmanlike manner and the residence, or portions of it, are not fit for abitation as a residential dwelling. LAW OFFIC!':S SNELBAKER Be BRENNEMAN 8 LAW OFFIC!':S SNELBAKER Be BRENNEMAN 'I t 20. By reason of the defects and deficiencies noted in Paragraph 20, above, Defendants are .equired to expend substantial sums well in excess of $25,000.00 in order to address and remedy ame. WHEREFORE, Defendants demand judgment against Plaintiff in an amount in excess of 25,000, together with interest and costs of this action. COUNT II Breach of Express Warranty. 21. The averments of Paragraphs 13 through 20, above, of this Counterclaim are ncorporated by reference herein. 22. Plaintiff pursuant to the terms of the Construction Agreement provided a warranty on lllabor and materials supplied and used in the project by Plaintiff and Plaintiffs subcontractors or a period of one year. 23. It was the parties' understanding and belief that the warranty given by Plaintiffto efendants applied to defects in workmanship and materials pertaining to the construction ssociated with the residence. 24. In spite of the conditions and defects set forth in Paragraph 18, above, the averments of hich Paragraph are incorporated by reference herein, Plaintiff failed to remedy the defects in orkmanship and/or materials described in Paragraph 18. 25. As a direct and proximate result of Plaintiffs breach of warranty, Defendants have suffered damages in an amount well in excess of $25,000.00. WHEREFORE, Defendants demand judgment against Plaintiff in an amount in excess of $25,000, together with interest and costs of this action. 9 LAW OFFICES SNELBAKER Be BRENNEMAN COUNT III Negligence. 26. The averments of Paragraphs 13 through 25, above, of this Counterclaim are incorporated by reference herein. 27. For the reasons described in Paragraph 18, above, the averments of which are incorporated by reference herein, Plaintiff was negligent, careless and reckless in the matters sociated with the construction of the residence. 28. As a direct, proximate and factual result of the negligence, carelessness or recklessness f Plaintiff, Defendants have been caused to sustain lossl::s, damages and expenses well in excess f $25,000.00. WHEREFORE, Defendants demand judgment against Plaintiff in an amount in excess of 25,000, together with interest and costs of this action. COUNT IV Breach of Contract. 29. The averments of Paragraphs 13 through 28, above, of this Counterclaim are . ncorporated by reference herein. 30. Plaintiff undertook to construct a residence for Defendants pursuant to and in ccordance with the terms and conditions of the Construction Agreement. 31. Plaintiff materially breached the Construction Agreement with Defendant in the ollowing particulars: a. For the reasons set forth in Paragraph 18, above, the averments of which are incorporated by reference herein; 10 LAW OFFIC!':S SNELBAKER Be BRENNEMAN Ii b. By failing to provide adequate and proper crl~dits to Defendant; and c. By changing the scope of work without approval of Defendants. 32. As a direct and proximate result of Plaintiffs breach of the Construction Agreement s averred in Paragraph 31, above, Defendants have been damaged and are required to expend ums well in excess of $25,000.00. WHEREFORE, Defendants demand judgment against Plaintiff in an amount in excess of 25,000, together with interest and costs of this action. SNELBAKER & BRENNEMAN, P. C. BY: (!tuvv~ Keith O. Brenn(;man, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendants Randall K. Baker and Julie Baker ate: December 20, 2004 11 VERIFICATION We verify that the statements made in the foregoing Answer, New Matter and Counterclaim are true and correct based upon personal knowledge, information and/or belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. Date: December 20, 2004 LAW OFFIC!':S SNELBAKER Be BRENNEMAN CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Answer, New Matter and Counterclaim to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: George F. Douglas, Esquire 26 West High Street Carlisle, P A 17013 SNELBAKER & BRENNEMAN, P.C. By: ,i~~ Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendants Date: December 20, 2004 (--"j r--.) > I' ') il ~ -- , " (~- , r ~ ~ ,,' (~""i , I . -" 1',1 \ .. ,,11 C',', U'. FERRARO FOODS, INC. Plaintiff : In the Court of COMMON PLEAS of : CUMBERLAND County, Pennsylvania v. NO. 04-5630 FILIPPO DEVITA Trading As and Personal Guarantor for CHLOE PIZZA and CHLOE CAFE CIVIL DIVISION - LAW Defendant(s) PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment as settled and satisfied in full. TO CUMBERLAND County Prothonotary Dated: January 28. 2005 ~~ Robert D, Kodak Attorney for Plaintiff Attorney !.D. No, 18041 '- :t."" ..r,"'" - c> .-n ~., - -"G -;... (1: r::) - - :.. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL $ 18.00 23.03 .50 1.00 3.70 20.00 30.00 96.23 ~ ~ . Pd by Defendant lI'\ r.-- ~ ~ Sworn and Subscribed to before me ~~< .--, this :.JlvO...,f--day. of /~A-/1 /~\ 2005A.D.~~t() ~ 0f17 P 0 HONOTARY I R. romas Kline, Shenff / ~\Q ..X..Q . VJI'\uDlocJu.. By, CialiCtiaA. Brewbaker- ,_.... . ~. ~~...~} " \~.y ,:;\\(,>:~ \ ~ . ~~) 'IE :8 \1 81 AON ~OOl Vj.:l~~~~OiH~i}O;j~I~~gJ ~;:':',~~ ' ':}) '-:/ ,/ -,'" ~~() ;'k~~ ~./)9r3b , ,sO WRIT OF EXECUTION and/or ATTACHMENT ~:;. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5630 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FERRARO FOODS, INC., Plaintiff (s) From FILIPPO DEVITA TRADING AS AND PERSONAL GUARANTOR FOR CHLOE PIZZA AND CHLOE CAFE, 245 S SPRING GARDEN STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANTS (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,151.34 Interest FROM DATE OF JUDG (11/8/04) Atty's Comm % Atty Paid $36.75 Plaintiff Paid Date: NOVEMBER 16, 2004 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) pmfuOZ [) Z2f ~ ~__. 'CIZ/J./1.1r--- Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: POBOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 DISTRIBUTION ATTORNEY Robert D. Kodak WRIT NO. 2004-5630 Civil Ferraro Foods, Inc. -vs- Filippo Devita T/A and personal guarantor for Chloe Pizza and Chloe Cafe Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 1151.34 2.85 36.75 $ 1190.94 Sheriff s Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 18.00 23.03 .50 1.00 3.70 30.00 20.00 $ 96.23 $ 1287.17 150.00 $ 1437.17 $ 1190.94 150.00 1.50 ~t~ ~~ R. Thomas Kline, Sheriff BYt! O-OdA-.C/ ~Jbah./ " PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 FERRARO FOODS. INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Writ No. Term 20_ P7a7nUff No. 04-5630 CIVIL Term 20~ vs Amount due $ 1 151.34 FILIPPO DEVITA TradinQ As and Personal Guarantor for CHLOE PIZZA and CHLOE CAFE 245 S SPRING GARDEN STREET CARLISLE, PA 17013 Defendant(s) InterestFROM DATE DF JUDG. (11108104) Atty's Corrm. $ 57.57 and CostsTO BE DETERMINED $ TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against FILIPPO DEVITA Tradinq As And Personal Guarantor for CHLOE PIZZA and Chloe Cafe, Defendant (s) (3) and against Garnishee ( 5) , (4) and index this writ (a) against FILIPPO DEVITA Tradino As And Personal Guarantor For CHLOE PIZZA and CHLOE CAFE Defendant(s) and (b) against Garnishee (5), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT, FILIPPO DEVITA TRADING AS NO PERSONAL GUARANTOR FOR CHLOE PIZZA AND CHLOE CAFE, AT 245 S, SPRING GARDEN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. ~" - <; ~/~ ~ ~ (5) Exemption has (not) been waived. ~ ~~ / ...- / Robert D. 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COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5630 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FERRARO FOODS, INC., Plaintiff (s) From FILIPPO DEVITA TRADING AS AND PERSONAL GUARANTOR FOR CHLOE PIZZA AND CHLOE CAFE, 245 S SPRING GARDEN STREET, CARLISLE, PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANTS (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $1,151.34 Interest FROM DATE OF JUDG (1118/04) Atty's Comm % Atty Paid $36.75 Plaintiff Paid Date: NOVEMBER 16, 2004 LL $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary ..Jly: a...(M. 0 - [}. 7/{C/M/' '"~ Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: POBOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No, 18041