The URL can be used to link to this page

Home My WebLink About13-3619 Supremie C., nnsylvam :C le F, ALA County IN W t Tl a informatkut aoUecxed oar di s form is used solely for c6twi adrianutratioii purpo=. M form does not or M Llaff t he and service of ea fts or otherpapm as requwed by law or rules o coto't. Commreaoemeat of Action: Complitint (3 writ of Summons'. O Petition `43 Transfer from Another htrisdiction O Docb mation of Taking ` Liad Plah&Ws Name: Lcad Defendant's Name Contracting Jared Bucher and Kathleen Bucher Hughes . S Dollar Aniwmt Requested: O widen arbitratm limits Are money damages requested? 'Yes D No febak one) ,R'outidc arbitration limits '., As this a ChmAdlon Suit? [3-Yes A No Is this an MWAppeaP. O Yes 11 No Name of PIaintiMAppellant's Attorney: Richard J. Boyd, Jr. 0 Check here if you have no attorney (are a Scif -Reps rented. fto Sel Litigant) Nature of,,the. Case Place as "' #oe left of the. O : case category that most accurratcly describes your PRIMARYC SK If you are ntaldng more than one type of claim, check -the one that :. you consider most importanL *RT'(do not h=We Mars raro CONTRACT (do Rot bwjudejudgments) CIVIL, ABPEALS' -. ❑ Intentional 0% Buyer Plaintiff Adm Wstratire Agen ❑ Malicious Prosecution ❑ Debt CoUcctioa: Credit Card O Board Assessaicut ''gCh' Tehidc O:b6btccmcc6 Other. 13. •Boar+d�al' otts` O Nuisance Dept. ofTraaspomianon - Prtamises Liability D Statutory Appeal: Othea d Product Liability (does not include muss tort) ❑ Employment..Dispuw- �• ❑ Odic er/i.rbd/ Defamation O F.mptoymczt Dispute: Other O Zoning Board O Other: s O Other: MASS TORT t7 AAcstos .•, ❑ Tobacco ❑ Tour Tort - DES ❑ "faucic 1'oct - Implant REAL PROPERTY MISCEIA ANEOUS . O Toxic waste ❑ Ei [I Common Law/Statutery Arbitration 13 Other: O F.minaat - on ❑ Declaratory Judgmnent ❑ Ground Real O Mmdamac ❑ Landtac+d/renant Dispute ❑ Nom-Domestic Relations O Mortgage Foreclosure: Residential Rcstiaiaiag Order PR_ OFFSSIONAL LIABLITY O Mortgage Forcclamm Commercial ❑ Quo Warrauto ❑ Dgmtal ❑ Partition Q Replevin a begat- CI QuietTitic ❑ Other: O Madical 0 Men. ' OtbcrProfessiomal: Updated 1/112011 NELSON LEVINE de LUCA & HAMILTON ATTORNEYS FOR PLAINTIFFS, BY: RICHARD J. BOYD, JR., ESQUIRE JARED C. BUCHER and IDENTIFICATION NO.: 84035 KATHLEEN C. BUCHER 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358 -5122 JARED C. BUCHER AND KATHLEEN C. IN THE COURT OF COMMON BUCHER, h/w PLEAS OF CUMBERLAND 262 Stuart Road COUNTY, PA Carlisle, PA 17015 Plaintiff(s) CIVIL ACTION NO: V. HUGHES CONTRACTING 14 Cardinal Drive c� Carlisle, PA 17015 -21 rn ca C-- - And �= C=: - V�� N ROBERT FITZPATRICK r 185 - r ~n 1950 McClures Gap Road �v- n = Carlisle, PA 17015 =C) Defendant(s) 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 may be 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249 -3166 or 1- 800 -990 -9108 (PA only) 67 cjo+ I X995 124k a9a »> NELSON LEVINE de LUCA & HAMILTON ATTORNEYS FOR PLAINTIFFS, BY: RICHARD J. BOYD, JR., ESQUIRE JARED C. BUCHER and IDENTIFICATION NO.: 84035 KATHLEEN C. BUCHER 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358 -5122 JARED C. BUCHER AND KATHLEEN C. IN THE COURT OF COMMON BUCHER, h/w PLEAS OF CUMBERLAND 262 Stuart Road COUNTY, PA Carlisle, PA 17015 Plaintiff(s) CIVIL ACTION NO: V . HUGHES CONTRACTING, INC. 14 Cardinal Drive Carlisle, PA 17015 -21 And ROBERT FITZPATRICK 1950 McClures Gap Road Carlisle, PA 17015 Defendant(s) COMPLAINT Plaintiffs, by and through undersigned counsel and by way of complaint against the Defendants, hereby aver the following: 1. Plaintiffs, Jared C. Bucher and Kathleen C. Bucher, are adult individuals and, at .all times relevant hereto, were the owners of the home /property located at 262 Stuart Road, Carlisle, PA 1701.5 (hereinafter "the property" or "the home "). 2. Defendant, Hughes Contracting, Inc., ( "hereinafter "Hughes "), is, upon information and belief, a corporation or other commercial entity organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 14 Cardinal. Drive, Carlisle, PA 1.7015. 3. Hughes was the general contractor on the construction project at the property which involved, among other things, the installation of a new roof on the home. Hughes was responsible for the oversight and direction of the various subcontractors working on the project and was ultimately responsible for the proper completion of all aspects of said project. 4. Defendant, Robert Fitzpatrick (hereinafter "Fitzpatrick "), is, upon information and belief, a home contractor with a principal place of business located at 1950 . McClures Gap Road, Carlisle, PA 1.7015. Fitzpatrick, subcontracted by Hughes, was to properly construct the roof at the property and to ensure that the property was protected from water infiltration at all times. 5. Prior to August 19, 2011, . Plaintiffs entered into an agreement with Hughes to complete the aforementioned project. (Plaintiffs cannot locate a copy of any written agreement for the work, but it involved the construction and installation of a new roof and all activities necessary, including preventing water infiltration, for the completion of the job). 6. On or about August 1.9, 2011, the home at the property was not properly tarped, wrapped, covered or otherwise protected, which allowed rain water to enter the home and caused extensive damages thereto. 7. The damages were directly and proximately caused by Defendants as is further and more fully described below. COUNT I — BREACH OF IMPLIED WARRANTY OF REASONABLE WORKMANSHIP PLAINTIFFS vs. HUGHES CONTRACTING 8. Plaintiffs incorporate by reference herein the above paragraphs as though same were fully set forth at length. 9. Defendant, Hughes, by and through its chosen agents, servants, workmen, technicians, employees and /or chosen sub - contractors, warranted that the construction, erection and /or installation of the roof at the plaintiffs' property would be completed in a reasonably workmanlike manner. 10. The installation of the roof was not performed in a professional, competent and reasonably workmanlike manner as, among other things, the home was not properly protected from the foreseeable rain storm. 11. Accordingly, Hughes, by and through its agents, servants, workmen, technicians, employees and/or chosen sub - contractors, breached the implied warranty of reasonable workmanship and functionality. 12. As a result of the damages directly and proximately caused by the breach of warranty of Hughes, plaintiffs incurred significant damages to their property. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter judgment in their favor and against defendants, jointly, severally, and /or in the alternative, for damages exceeding $50,000.00, plus costs incident to this suit, delay damages and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT II- NEGLIGENCE PLAINTIFF vs. HUGHES CONTRACTING 1.3. Plaintiffs incorporate herein by reference the above paragraphs as though same were fully set forth at length. 14. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Hughes, by and through its agents, servants, workmen, subcontractors, technicians and /or employees, as follows: a. failing to properly supervise, instruct and /or otherwise ensure that the roofing activities being performed were done in a proper, safe and workmanlike manner to protect it from a foreseeable rain event; b. failing to inspect and /or take adequate measures to ensure that the construction and /or renovations performed on the premises were performed in a proper, safe and workmanlike manner as the covering for the home was inadequate and /or was improperly secured and that the house was susceptible to water damage; C. failing to exercise adequate control over the construction project and roofing operations to ensure that the above - referenced dangerous conditions were remedied; d. failing to properly obtain, install and secure a covering to the home to protect it from a foreseeable rain event; e. failing to timely warn or otherwise notify Plaintiffs or others that the covering for the home was inadequate and /or was improperly secured and that the house was susceptible to water damage; f. failing to correctly and timely coordinate the roofing work with others so as to ensure that the home was covered and protected; and g. failing to protect the home from damage. 15. As a result of the damages directly and proximately caused by the negligence and . carelessness of Hughes, plaintiffs incurred significant damages to their real and personal property and the incursion of additional expenses in the amount set forth above. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter judgment in their favor and against defendants, jointly, severally, and /or in the alternative, for damages exceeding $50,000.00, plus costs incident to this suit, delay damages and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT III- NEGLIGENCE PLAINTIFF vs. FITZPATRICK 16. Plaintiffs incorporate herein by reference the above paragraphs as though same were fully set forth at length. 17. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Fitzpatrick, by and through its agents, servants, workmen, subcontractors, technicians and /or employees, as follows: a. failing to exercise reasonable care in the following manner: i. failing to properly obtain, install and secure a covering to the home to protect it from a foreseeable rain event; ii. failing to timely warn or otherwise notify Plaintiffs or others that the covering for the home was inadequate and /or was improperly secured and that the house was susceptible to water damage; iii. failing to correctly and timely coordinate the roofing work with others so as to ensure that the home was covered and protected; and iv. failing to protect the home from damage. b. Failing to adequately instruct their servants, employees and agents as to the proper ways to perform the tasks set forth in subparagraph a. above; C. Failing to adequately warn plaintiffs and others of the dangers resulting from the careless and negligent failure to exercise reasonable care as set forth subparagraph a. above; d. Failing to provide, establish, and /or follow proper and adequate control so as to ensure the proper performance of the tasks set forth in subparagraph a. above; and e. Failing to supervise their servants, employees, and agents in the performance of the tasks set forth in subparagraph a. above. 1.8. As a result of the damages directly and proximately caused by the negligence and carelessness of Fitzpatrick, plaintiffs incurred significant damages to their real and personal property and the incursion of additional expenses in the amount set forth above. 'WHEREFORE, Plaintiffs respectfully request this Honorable Court enter judgment in their favor and against defendants, jointly, severally, and /or in the alternative, for damages exceeding $50,000.00, plus costs incident to this suit, delay damages and for such other relief as this Honorable Court shall deem appropriate under the circumstances. NELSON LEVINE de LUCA & HAMILTON BY: /VCHARD J. BOYD, J ., ESQUIRE ATTORNEYS FOR PL I TIFFS, JARED C. BUCHER AND KATHLEEN C. 1 f BUCHER Dated: /�< / VERIFICATION I, RICHARD J. BOYD, JR., do hereby state that I am counsel for ERIE INSURANCE EXCHANGE the real party in interest in the within. action, and as such do hereby verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ICHAR J. BOY , JR. Dated: NELSON LEVINE de LUCA& HAMILTON ATTORNEYS FOR PLAINTIFFS BY: RICHARD J. BOYD,JR., ESQUIRE JARED C. BUCHER AND IDENTIFICATION NO.: 84035 KATHLEEN C. BUCHER, H/W 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL,PA 19422 (215)358-5122 JARED C. BUCHER AND KATHLEEN C. IN THE COURT OF COMMON BUCHER, H/W PLEAS Plaintiff(s) OF CUMBERLAND COUNTY �At v' CIVIL ACTION NO: 13-309 `L' HUGHES CONTRACTING AND Trn ROBERT FITZPATRICK Defendant(s) < = PRAECIPE FOR SUBSTITUTION OF VERIFICATION TO THE PROTHONOTARY: Kindly substitute the Verification of Francis Guillemette for the Verification of Richard J. Boyd, Jr., Esquire attached to Plaintiffs' Complaint. NELSON LEVINE de LUCA & HAMILTON a BY: Lk " RICHARD J. BO (D/ ., ES UIRE ATTORNEYS FOkIPLAINT FFS JARED C. BUCHER AND KATHLEEN C. BUCHER, H/W Dated: July 1, 2013 VERIFICATION I, FRANCIS GUILLEMETTE, do hereby state that I am a representative for Erie Insurance Exchange the real party in interest in the within action, and as such do hereby verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. / FRANCIS GUILLEMETTE Dated: 1/P VERIFICATION I, FRANCIS GUILLEMETTE, do hereby state that I am a representative for Erie Insurance Exchange the real party in interest in the within action, and as such do hereby verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. FRANCIS GUILLEMETTE Dated: E NELSON LEVINE de LUCA & HAMILTON ATTORNEYS FOR PLAINTIFFS BY: RICHARD J. BOYD,JR., ESQUIRE JARED C. BUCHER AND IDENTIFICATION NO.: 84035 KATHLEEN C. BUCHER, H/W 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 JARED C.BUCHER AND KATHLEEN C. IN THE COURT OF COMMON BUCHER, H/W PLEAS OF CUMBERLAND Plaintiff(s) COUNTY, PA Ca "-I V. CIVIL ACTION NO: 13-3660, HUGHES CONTRACTING AND ROBERT FITZPATRICKr CD Defendant(s) -cam ` ' --4 PRAECIPE TO REINSTATE COMPLAINT o , CD TO THE PROTHONOTARY: Kindly reinstate the attached Complaint with regard to the above captioned matter, the original of which was filed on June 21, 2013. NELSON LEVINE de LUCA & HAMILTON BY: R CHARD AOR , J ESQUIRE ATTORNE PLAINTIFFS JARED C. BUCHER AND KATHLEEN C. BUCHER, H/W Dated: July 24, 201.3 n7q- --15 ��rj 142 is NELSON LE VINE de LUCA & HAMILTON ATTORNEYS FOR PLAINTIFFS BY: RICHARD J.BOYD, JR., ESQUIRE JARED C. BUCHER AND IDENTIFICATION NO.: 84035 KATHLEEN C. BUCHER, H/W 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 1.9422 (215) 358-5122 JARED C.BUCHER AND KATHLEEN C. IN THE COURT OF COMMON BUCHER, H/W PLEAS Plaintiff(s) OF CUMBERLAND COUNTY, PA V. CIVIL ACTION NO: 13-3619 HUGHES CONTRACTING AND ROBERT FIT7PATRICK Defendant(s) CERTIFICATE OF SERVICE I, Richard J. Boyd, Jr., Esquire, hereby certify that a true and correct copy of the Praecipe to Reinstate the Complaint was served on July 24, 2013, upon the below by United States Mail, postage prepaid: HUGHES CONTRACTING 1.4 Cardinal Drive Carlisle, PA 17015-21 NELSON LEVINE de LUCA & HAMILTON BY: RICHARD J. BgkI5, JR., ESQUIRE ATTORNEYS OR PLA TT]FFS JARED C. BUCHER AND KATHLEEN C. BUCHER, H/W Dated: July 24, 2013. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Of'- THE PROTHONOTA16, Jody S Smith 7013wWL26 AM10- 30 Chief Deputy V�A Richard W Stewart CUMBERLAND COUNTY Solicitor OFFICE OF Tt4c.SKSRIFF PENNSYLVANIA Jared C Bucher(et al.) Case Number VS. 2013-3619 Hughes Contracting (et al.) SHERIFF'S RETURN OF SERVICE 07102/2013 Cheif Deputy Jody S. Smith served the requested Complaint&Notice by"personally"handing a true copy to a Seth Hughes, Owner,who accepted as the"adult in charge"for the Defendant,to wit: Hughes Contracting at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. JODY S. SttiITH, DEPLITY 07/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robert Fitzpatrick, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 1950 McClures Gap Road, Lower Frankford, Carlisle, PA 17015. Per the new tenants they have resided at this address since April 13, 2013 and still receive mail for defendant but he does live at this address.To this date the Carlisle Postmaster has been unable to provide a good fowarding address for the defendant. SHERIFF COST: $69.34 SO ANSWERS, July 19, 2013 RbNW FANDERSON, SHERIFF (c)GountySufte Sheriff,Teleosoft.[tic. T NELSON LEVINE de LUCA & HAMILTON ATTORNEYS FOR PLAINTIFFS BY: RICHARD J.BOYD, JR., ESQUIRE JARED C. BUCHER AND IDENTIFICATION NO.: 84035 KATHLEEN C.BUCHER, H/W 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 JARED C.BUCHER AND KATHLEEN C. IN THE COURT OF COMMON BUCHER,H/W PLEAS Plaintiff(s) OF CUMBERLAND COUNTY, PA V. CIVIL ACTION NO: 13-3619 HUGHES CONTRACTING AND ROBERT FITZPATRICK Defendant(s) AFFIDAVIT OF SERVICE I, Richard J. Boyd, Jr., Esquire, being duly sworn according to law, deposes and states that he is the attorney for the Plaintiffs in the above matter, and in such capacity did have Defendant, Hughes Contracting served with a true and correct copy of the Complaint by the Sheriff's Office of Cumberland County on July 2, 2013. A copy of the Sheriff's Return of Service is attached hereto as Exhibit "A". NELSON LEVINE de LUCA & HAMILTON BY: = RICHARD J. B MJR, ESQUIRE ATTORNEYS FOR PLA TIFFS JARED C. BUCHER AND KATHLEEN C. BUCHER, H/W Dated: August 1., 2013 1.1Pt�100 0rd`�'�?��86•dn.9 � ,N,,1.0HQH108d,V1 EXHIBIT "A" S ERI€F'S.OFFIC OF CUMBERLAN0 COUNTY Ronny R Anderson Sheriff � titttc;of L`.situGr�•f�hb 4t. . Jody S'Smith. . Chief Deputy . Richard W Stewart Solicitor Jared.0 Bucher(et al.) Case Number 'M Hughes.Contracting(et al.) 2013-3619 SHERIFF'S RETURN ®F-SERVICE 07102/2013 Cheif Deputy Jody S.'Smith served the requested Complaint& Notice by"personally'handing a true copy to a Seth Hughes, Owner,who accepted as the"adult in'charge"for the Defendant,to wit Hughes Contracting at the Cumberland County Sheriffs Office, One Courthouse Square,:Carlisle, PA 17013. JODY S. SMITH, DEPUTY 07103/2013• Ronny R Anderson, Sheriff,being duly sworn according to law, states he made diligent search-and inquiry . for the within named Defendant to wit: Robert Fitzpatrick, but was unable to locate the Defendant in his bairiwick..The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 1950 McClures Gap Road,Lower Frankford, Carlisle;PA 17015. Per the new tenants they have resided at this address since April 13,201.3 and still receive mail for defendant but he does live at this address:To this date the Carlisle Postmaster has been unable to provide a good fowarding address for the defendant. SHERIFF'COST:$69.34 SO ANSWERS, July 19, 2013 . RON Y R ANDERSON, SHERIFF (e)camiysuili Sharifi,To4eoaofl 6x. NELSON LEVINE de LUCA & HAMILTON ATTORNEYS FOR PLAINTIFFS BY: RICHARD J. BOYD,JR.,ESQUIRE JARED C.BUCHER AND IDENTIFICATION NO.: 84035 KATHLEEN C. BUCHER,HJW 518 TOWNSHIP LINE ROAD,SUITE 300 BLUE BELL,PA 19422 (215)358-5122 JARED C. BUCHER AND KATHLEEN C. IN THE COURT OF COMMON BUCHER,H/W PLEAS OF CUMBERLAND Plaintiff(s) COUNTY,PA v' CIVIL ACTION NO: 13-3619 HUGHES CONTRACTING AND ROBERT FITZPATRICK Defendant(s) PRAECIPE TO MARK SETTLED,DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly have the dockets reflect that the above-captioned case has been settled, discontinued and ended. NELSON LEVINE de LUCA & HAMILTON BY: RICHARD J. B 9, , JR.,ESQUIRE ATTORNEY OR PLAINTIFFS JARED C. BUCHER AND KATHLEEN C. BUCHER, H/W Dated: October 1,2013 cp CID rnrn �� cm)-P4 �D t'a cD r- <1=) .� o �o o cD I NELSON LEVINE de LUCA & HAMILTON ATTORNEYS FOR PLAINTIFFS BY: RICHARD J. BOYD,JR.,ESQUIRE JARED C.BUCHER AND IDENTIFICATION NO.: 84035 KATHLEEN C.BUCHER,H/W 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL,PA 19422 (215)358-5122 JARED C.BUCHER AND KATHLEEN C. IN THE COURT OF COMMON BUCHER,H/W PLEAS OF CUMBERLAND Plaintiff(s) COUNTY,PA v' CIVIL ACTION NO: 13-3619 HUGHES CONTRACTING AND ROBERT FITZPATRICK Defendant(s) CERTIFICATE OF SERVICE I,Richard J. Boyd, Jr., Esquire,hereby certify that a true and correct copy of the Praecipe to Mark Settled, Discontinued and Ended was served on October 1, 2013, upon the following listed below by United States Mail,postage prepaid: Michael Miller Donegal Insurance Group 1195 River Road,PO Box 302 Marietta PA 17547 Bonnie L. Peifer, AIC Claims Specialist Westfield Insurance 201 East Oregon Road P.O. Box 3010 Lancaster, PA 17604 NELSON LEVINE de LUCA &HAMILTON P BY: /N` RI HARD J. dYD, JR.,ESQUIRE ATTORNEY FOR PLAINTIFFS JARED C. BUCHER AND KATHLEEN C. BUCHER, H/W Dated: October 1,2013