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Home My WebLink About02-0923Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff AT YOUR SERVICE HOME BUILDERS, LLC P.O. Box 232 Lewisberry, PA 17339, Plaintiff JOSEPH STANTON and CARMEN STANTON, husband and wife 2413 Rolling Hills Drive Mechanicsburg, PA 17055, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~..~"J - ?'~ ~'"/IO"LT~/'/''/~ CIVIL ACTION - LAW NOTICE TO DEFEND To the Defendants: 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 defense 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market SWeet P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff AT YOUR SERVICE HOME BUILDERS, LLC P.O. Box 232 Lewisberry, PA 17339, Plaintiff --PH STANTON and CARMEN STANTON, husband and wife 2413 Rolling Hills Drive Mechanicsburg, PA 17055, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AND NOW, this 2°'~day of February 2002, comes Plaintiff, AT YOUR SERVICE HOME BUILDERS, LLC, by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1 Plaintiff, AT YOUR SERVICE HOME BUILDERS, LLC, is a Pennsylvania Limited Liability Company with a place of business at 1809 Pottsville Road, Etters, York County, Pennsylvania 17319, and a mailing address of P.O. Box 232, Lewisberry, Pennsylvania 17339. 2. Defendants, JOSEPH STANTON and CARMEN STANTON, husband and wife, reside at 2413 Rolling Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about January 25, 2001, Plaintiff and Defendants entered into an Agreement whereby Plaintiff agreed to perform certain improvements in or upon certain improved real estate owned or to be purchased by Defendants and located at 2413 Rolling Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania, for the consideration of Twenty Thousand and 00/100 Dollars ($20,000.00) to be paid by Defendants to Plaintiff. A copy of the aforementioned Agreement is attached hereto, made a part hereof, and marked as Exhibit "A." 4. Defendants received and accepted the labor and services described in Exhibit "A." manner. Plaintiff performed its obligations set forth in the Agreement completely and in a workman-like 6. At some point on or before January 8, 2002, Defendants closed on the purchase of the aforementioned improved real estate giving a mortgage in favor of First Bank of Delaware, which said mortgage has been recorded with the Recorder of Deeds of Cumberland County. 7. Defendants failed to pay Plaintiff the Twenty Thousand and 00/100 Dollars ($20,000.00) at closing, in direct violation of Defendants' obligations set forth in the Agreement. 8. Although demand has been made, Defendants have failed to make payment of the Twenty Thousand and 00/100 Dollars ($20,000.00) due to Plaintiff in direct violation of Defendants' (~bligations set forth in the Agreement. WHERE. FOI~E, Plaintiff demands judgment against Defendants, Joseph Stanton and Carmen Stanton, in the amount of Twenty Thousand and 00/100 Dollars ($20,000.00), together with interest, costs, and attorney fees, if available. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Michel. Cassidy Atto~Qe'y I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :154232 009924-00005/1.25.01 IRWSIDCPI142862.1 A jreement THIS AGREEMENT made this ,~ ~-~. day of January, 2001, by and between AT YOUR SERVICE HOME BUILDERS, LLC (hereinafter sometimes referred to as "Builder") and JOSEPH STANTON AND CARMEN STANTON (hereinafter sometimes referred to as "Buyer"). The Builder and Buyer agree the Builder will repair the following items within two weeks of the date of this agreement unless otherwise noted: 1. insulate pipes in bathroom 2. repair leak behind wall 3. complete caulking in bathroom 4. move bathroom light switch in hall 5. balance heating system 6. reset front door and garage door on the first floor 7. repair step from garage to kitchen 8. cap wood on top of sliding glass door at rear of house 9. Builder will check deck for security to the house 10. connect down spout and drain pipe (this will be completed in spring) 11. Buyer will pay to fill depression surrounding house and fill backyard (this ,~11 be done in spring) 12. Builder will make release cuts in sidewalks and driveway (this will be completed in spring) In exchange the Buyer agree to pay Twenty Thousand ($20,000.00) Dollars at closing to satisfy the contract for the construction of the house and satisfy all outstanding issues with regard to the construction contract. AT YOUR SERVICE HOME BUILDERS, LLC Joseph Stanton ~ - ~ Chi-men Stanto~/~ I, MICHAEL T. STEWART, duly-authorized member of At Your Service Home Builders, LLC, state that I am authorized to make this Verification on its behalf, and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: AT YOUR SERVICE HOME BUILDERS, LLC x, Michael'T. Stewart SHERIFF'S RETURN - REGULAR 'CASE NO: 2002-00923 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AT YOUR SERVICE HOME BUILDERS VS STANTON JOSEPH ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STANTON CARMEN the DEFENDANT at 2413 ROLLING HILLS DRIVE , at 0938:00 HOURS, on the 27th day of February , 2002 MECHANICSBURG, PA 17055 by handing to CARMEN STANTON 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 .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /3 ~ day of ~ ~2-~ A.D. /P~othonotary So Answers: R. Thomas Kline 03/04/2002 JOHNSON DUFFIE STEWART WEIDNER By, /~ ~)~,~ Depu~ Sheriff SHERIFF' S RETURN - REGULAR CASE NO: 2002-00923 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AT YOUR SERVICE HOME BUILDERS VS STANTON JOSEPH ET AL BR~AN .WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STANTON JOSEPHthe DEFENDANT , at 0938:00 HOURS, on the 27th day of February , 2002 at 2413 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 by handing to CARMEN STANTON 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 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this /3 ~ day of ~ ~2~ A.D. ~ ~Prothonotary ' So Answers: R. Thomas Kline ' 03/04/2002 JOHNSON DUFFIE STEWART WEIDNER Deputy S~eriffv