HomeMy WebLinkAbout13-6648 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Corey Haldeman, t/d/b /a CIVIL ACTION —LAW
Haldeman's Construction,
Claimant No. — I
M CD 7:
VS. Judge: = M ca
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John and Margaret Sumter, r-z = r'
Husband and Wife,
Owner sc`-
CTI 'l
MECHANIC'S LIEN CLAIM
1. Claimant is Corey Haldeman, an adult individual trading and doing business as
Haldeman's Construction.
2. Claimant's place of business is located at 2223 Criders Church Road, Chambersburg, PA
17202 in Franklin County.
3. Claimant files as a Contractor.
4. The owners of the property subject to the lien are John and Margaret Sumter, husband
and wife, both adult individuals residing at residing at 700 Charles Street, Shippensburg
PA 17257 in Cumberland County.
5. The Owner's property subject to this lien is known locally as 700 Charles Street,
Shippensburg, PA 17257, recorded in the Cumberland County Recorder of Deeds as
Instrument Number 200741808, and more fully described as follows: 7( A 1 RJ
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All that certain lot or piece of ground situate in Shippensburg, Borough,
County of Cumberland, Commonwealth of Pennsylvania, bounded and
described as follows:
Being Lot 1 and the Western one -half (1/2) of Lot No. 2 of Block "H ", of Plan
of Hallwood Heights as recorded in the office of the Recorder of Deeds in
Plan Book no. 5, Page 60.
A copy to the deed to the Property is attached hereto Marked Exhibit 3 and incorporated
herein by reference thereto.
6. Claimant files under a written contract executed by Owner John Sumter on June 3, 2013
along with change orders a copy of the contract is attached hereto marked Exhibit 1 and
incorporated herein by reference thereto. The change orders are attached hereto and
marked Exhibit 2 and incorporated herein by reference thereto.
7. The change orders reflect changes requested by owners, though the owners refused to
sign the same while conditioning any payment upon completion of the change orders and
all work.
8. The nature and kind of work done was an addition to the existing buildings on the real
property included excavation, installation of footers, framing, walls, windows, doors
electrical work, subflooring, insulation, roofing and materials.
9. The amount of the claim is $14,695.00, the amount not paid for.
Respectfully Submitted,
W. Scott Arnoult
Attorney for Plaintiff
Arnoult, Law Office, LLC
14 North Main Street; Suite 314
Chambersburg, PA 17201
(717) 261 -0645
www. haldemansconstruction.com
Proposal ha ldemansconstruction(a corn
+A'tell�lZ i± PA005511
Phone (717) 372 -0923
FAX (717) 496 -4110
2223 Criders Church Rd. Chambersburg, PA. 17202
NAME Sumter residence Home Phone 717 - 300 -3309
STREET 700 Charles st. Cell Phone
CITY, STATE ZIP Ship., Pa 17257 Email
Date 5/28/2013
COMMENTS:
My company will excavated a 15'x14' area off the south side of home and dig a 2'x3' footer in order to
et below frost line.
Will pour a concrete footer to be inspected and lay block on footer with plate ties to provide foundation.
Will water proof exterior foundation.
Will install sealsill with treated bottom plate on top side foundation block and secure with block ties.
Will fra►rtie Walls using 2 "x6 "s every 16" on center directly to existing exterior house wall, leaving brick
expoged, insulate between all wall studs and run 12 -2 wiring for all recepticals every 6' apart around
room to code as well as a fan box centered on ceiling and install provided fan.. An opening will be cut
into existing wall where existing window is for enterance way into new room addition.(all switches to add
will be by new opening).
Will frame openings to install a 6' white vinyl framed bay window and two dbl hung vinyl windows.
Will install a stone, sand and plastic base under framed floor..
Will frame floor using 2 "x8 "s, apply const. adhesive to joists and sheet with 3/4" t&g Advantek.
Will install all truss's every 2' on center tap - coning the truss that lays against existing exterior of house
wall, with a pitch of 3.51 and an 8" over hang on both sides which will be covered in with white vented
vinyl soffit, white aluminum fascia on all face boards and white aluminum seamless gutters and downs
on both sides.
Will then sheet entire roof with 7/16" osb with "H" clips between all sheets of osb for non -flex between
truss's.
Will then install a synthetic underlayment and shingles to match existing roof and ridge vent on peak of
roof along with step flashing along both sides of roof where joining house.
Bay window will be installed and drywall will be hung, taped and finished.
Wiring and flood light will be installed on I/s exterior of addition.
Will install new french exterior door on rear of new addition along with steps, with small overhang built
above door with an exterior light installed as well.
*Price Includes: Labor, permits, material, delivery & dump.
T A r 4 T u `' <<' �- �` ^� f 3 TOTAL PRICE $15,500.00
Deposit
B ilance
EXHIBIT
9
Si nature -
Date
PROPOSAL ACCEPTANCE
By signing above, you are indicating that the above prices, specifications and conditions are satisfactory and are
hereby' accepted. You are authorizing my company to do the work as specified. Please sign and return. I will
corr01( you to schedule a start date upon receiving the signed proposal. Owner will provide 40% before
,iraw =, . mare submitted to the Commonwealth due to my company will be billed for permits.
www.haIdemansconstruction.com
Proposal haldemansconstruction (d)yahoo.com
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Phone (717) 372 -0923
FAX (717 ) 496 -4110
2223 Criders Church Rd. Chambersburg, PA. 17202
NAME Sumter residdnce Home Phone 717 - 300 -3309
STREET 700 Charles st. Cell Phone
CITY, STATE ZIP Ship., Pa 17257 Email
Date 5/9/2013
COMMENTS:
My company will excavated a 15'x14' area off the south side of home and dig a 2'x3' footer in order to
et below frost line.
Will pour a concrete footer to be inspected and lay block on footer with plate ties to provide foundation.
Will tar exterior foundation.
Will install sealsill with treated bottom on top side foundation block and secure with block ties.
Will frame walls using 2" x6" s every 16" on center directly to existing exterior house wall, leaving brick �3`�
exposed, insulate between all wall studs and run 12 -2 wiring for all recepticals every 6' apart around ��
room to code as well as a fan box centered on ceiling. An opening will be cut into existing wall where
existing window is for enterance way into new room addition. (all switches to add will be by new openin
Will frame openings to install a 6' white vinyl framed bay window and two dbl hung vinyl windows.
Will install a stone, sand and plastic base under framed floor..
Will frame floor using 2 "x8 "s, apply const. adhesive to joists and sheet with 3/4" t&g Advantek.
Will install all truss's every 2' on center tap - coning the truss that lays against existing exterior of house
wall, with a pitch of 3.51 and an 8" over hang on both sides which will be covered in with white vented
vinyl soffit, white aluminum fascia on all face boards and white aluminum seamless gutters and downs
on both sides.
Will then sheet entire roof with 7/16" osb with "H" clips between all sheets of osb for non -flex between
truss's.
Will then install a synthetic underlayment and shingles to match existing roof and ridge vent on peak of
roof along with step flashing along both sides of roof where joining house.
Bay window will be installed and drywall will be hung, taped and finished.
Wiring and flood light will be installed on Vs exterior of addition.
Opening will a cut ' eas �at ing i ow re r home in order stall ent oor I d alo with small of s i t led.
Plumbing will be re uted in sement d up t ugh floc Ti order to ve wash into n mud and a new 2 t ductle unit ill i II in der o deli he ac i ew add.
Daikindifference.com
*Price Includes: Labor, permits, material, delivery & dump.
�^ �� -� TOTAL PRICE
q Yrf1G! G�, �Y t G.IIQ
�J Deposit
Balance
Signature lJ
Date 1 Y �
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PROPOSAL ACCEPTANCE
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ndicat' that the above prices, specifications onditions satisfactory and are
=uthor zing company to do work as specified. % dep sit ' required for my
tart date of yo roject. emainde of the ba nce is d upon com letion of the
- with your depos I wl contact you sc dule a start pon re iv'ng the
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haldemansconstruction (cDyahoo.com
PA005511
Phone (717) 372 -0923
Fax (717) 496 -4110
2223 Criders Church rd. Chambersburg, PA. 17202
NAME John Sumter Work Phone
STREET 700 Charles st. Cell Phone 300 -3309
CITY, STATE ZIP Ship., Pa 17257 Email
Fax
Date 9/16/2013
COMMENTS:
My company will install siding to reframed bumpout around (3) separate windows not on original
p roposal.
My company will install 29ga red corrugated steel roofing, end wall metal, univ ridge cap and foam
inserts not on original proposal.
TOTAL PRICE $550.00
Deposit
Balance
Signature
Date
Due upon signature. Thank you.
EXHIBIT
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Ag reement www- haldemansconstr
9 haldemansconstruction m
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5511
NAME Sumter residence Home Phone 717 - 300 -3309
STREET 700 Charles st. Cell Phone
CITY, STATE ZIP Ship., pa 17257 Email
Date 9/13/2013
COMMENTS:
My comp any will comp lete job as stated in orig inal contract.
Will complete siding, soffit, fascia, gutters, downs, exterior steps by newly installed; "single main entry
door" (change from original door was customers request) and doorway cut into existing brick as well as
removal of existing window on said brick wall to form a through way into new addition.
Signature
Signature
Date 9/13/2013
Customer agrees to pay for all changes and additional work requested not specified in original proposal.
C u S mP� r f-Q s es 4 3 -13
www.haldemansconstruction.com
I nvoice halde man sconstruction (o)yahoo.corn
Hald a. 'Lf IZS �'t'�Cl`�(1Z PA005511
Phone (717) 372 -0923
FAX (717) 496 -4110
2223 Criders Church Rd. Chambersburg, PA. 17202
NAME Sumter residence Home Phone 717 - 300 -3309
STREET 700 Charles st. Cell Phone
CITY, STATE ZIP Ship., Pa 17257 Email
Date 5/28/2013
COMMENTS:
My company will excavated a 15'x14' area off the south side of home and dig a 2'x3' footer in order to
et below frost line.
Will pour a concrete footer to be inspected and lay block on footer with plate ties to provide foundation.
Will water proof exterior foundation.
Will install sealsill with treated bottom plate on top side foundation block and secure with block ties.
Will frame walls using 2 "x6 s every 16" on center directly to existing exterior house wall, leaving brick
exposed, insulate between all wall studs and run 12 -2 wiring for all recepticals every 6' apart around
room to code as well as a fan box centered on ceiling and install provided fan.. An opening will be cut
into existing wall where existing window is for enterance way into new room addition.(all switches to add
will be by new opening),
Will frame openings to install a 6' white vinyl framed bay window and two dbl hung vinyl windows.
Will install a stone, sand and plastic base under framed floor..
Will frame floor using 2 "x8" s, apply const. adhesive to joists and sheet with 3/4" t&g Advantek.
Will install all truss's every 2' on center tap- coning the truss that lays against existing exterior of house
wall, with a pitch of 3.51 and an 8" over hang on both sides which will be covered in with white vented
vinyl soffit, white aluminum fascia on all face boards and white aluminum seamless gutters and downs
on both sides.
Will then sheet entire roof with 7116" osb with "H" clips between all sheets of osb for non -flex between
truss's.
Will then install a synthetic underlayment and shingles to match existing roof and ridge vent on peak of
roof along with step flashing along both sides of roof where joining house.
Bay window will be installed and drywall will be hung, tap ed and finished.
Wiring and flood light will be installed on I/s exterior of addition.
Will install new french exterior door on rear of new addition along with steps, with small overhang built
above door with an exterior light installed as well.
"Price Includes: Labor, permits, material, delivery & dump.
-- - Final inspection passed on 9 - 19 -13 - -- TOTAL PRICE $15,500.00
7/30/2013 Deposit $6,200.00
Extras $5,395.00
Balance $14,695.00
Signature
Date
1) Reframed bay window opening in contract to a walkout bay with (3) three separate dbl hng windows. 2)
Extra electrical not in contract; coax cable /new const box, flood light wiring /new const box on r/s and (1) recpt
wiring /new const box. 3) Installation of siding on exterior of walkout bay and installation of drywall; tape, mud&
finish on interior. 4) Red metal roof over walkout bay. 5) Removal of (2) two existing basement
ROBERT P. ZIEGLER
RECORDER OF DEEDS `
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013 -
� t 4
717 -240 -6370 ! d
Instrument Number - 200741808
Recorded On 11/5/2007 At 8:59:16 AM * Total Pages - 5
• Instrument Type - DEED
Invoice Number - 8135 User ID - AF
• Grantor - HOUM DOROTHEA M
• Grantee - SUMTER, JOHN E
• Customer - PA REAL ESTATE
* FEES
STATE TRANSFER TAX $1,825.00 Certification Page
STATE WRIT TAX $0.50
STATE JCS /ACCESS TO $10. DO NOT DETACH
JUSTICE
RECORDING FEES — $11.50 This page is now part
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50 of this legal document.
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
SHIPPENSBURG AREA $912.50
SCHOOL DISTRICT
SHIPPENSBURG BOROUGH $912.50
TOTAL PAID $3,688.50
1 Certify this to be recorded
in Cumberland County PA
j a cu e
RECORDER O D EDS
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
00096D
ll l ll 1 1 1 1 IIII II II I I II I III
EXHIBIT
Z
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a
File No. 07 -2506 Parcel ID No.
This Indenture, made the day of _C
Between
DOROTHEA M. HOUCK, WIDOW OF 732 FIRESIDE DRIVE,
SHIPPENSBURG, PENNSYLVANIA
(hereinafter called the Grantor), of the one part, and
JOHN E. SUMTER AND MARGARET H. SUMTER, HIS WIFE, OF 6516
SPANISH MOSS LANE, CHARLOTTE, NORTH CAROLINA 28262
(hereinafter called the Grantees), of the other part,
WitneSSetil, that the said Grantor for and in consideration of the sum of One Hundred Eighty Two
Thousand Five Hundred Dollars 00 /100 ($182,500.00) lawful money of the United States of America,
unto her well and truly paid by the said Grantees, at or before the sealing and delivery hereof, the receipt
whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these
presents does grant, bargain and sell, release and confirm unto the said Grantees, as tenants by the entirety
ALL THAT CERTAIN lot or piece of ground situate in Shippensburg Borough, County
of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows:
BEING Lot No.1 and the Western one — half (112) of Lot No. 2 of Block "H ",
of Plan of Hallwood Heights as recorded in the office of the Recorder of Deeds in Plan
Book No 5, Page 60.
THIS property is conveyed SUBJECT to restrictions recited on the recorded
plan and SUBJECT to an easement to erect and maintain telephone and electric poles
and lines and to install water and gas lines on the rear thereof.
BEING the same premises which Frank E. Basehoar, Jr. and Holly C. Shreiner Basehoar,
his wife, by Deed dated May 6, 1988, and recorded May 10, 1988, in the Office of the
Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 133,
Page 176, granted and conveyed unto Robert L. Houck and Dorothea M. Houck, his wife.
The said Robert L. Houck died May 26, 1999, thereby vesting full title to his wife,
Dorothea M. Houck, as surviving tenant by the entirety.
1
Together With all and singular the buildings and improvements, ways, streets, alleys, driveways,
passages, waters, water - courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever
unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and
remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, claim and
demand whatsoever of her, the said grantor, as well at law as in equity, of, in and to the same.
To have and to Void the said lot or piece of ground described above, with the buildings and
improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so
to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper
use and behoof of the said Grantees, their heirs and assigns, forever.
And the said Grantor, for herself and her heirs, executors and administrators, does, by these presents,
covenant, grant and agree, to and with the said Grantees, their heirs and assigns, that she, the said Grantor,
and her heirs, all and singular the hereditaments and premises herein described and granted, or mentioned
and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, against her,
the said Grantor, and her heirs, will warrant and defend against the lawful claims of all persons claiming
by, through or under the said Grantor but not otherwise.
In Witness Whereof the party of the first part has hereunto set her hand and seal. Dated the day
and year first above written.
Sealed and Delivered
IN THE PRESENCE OF US:
�Dl.ic.a L SEAL
Dorothea M. Houck
Commonwealth of Pennsylvania J ss
County of - *; % J
On this the 3t day of DC--�6QA-r^ X00 before me, the
undersigned Notary Public, personally appeared Dorothea M. Houck, widow, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and ackn wledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my ha=andffl sea l.
No Public
My commission expires
COMMONWEA OF PEN NSYLVANIA
Notarial $eal
Malrra S, Ray, Notary Public
Gut6ordUp., Franklin Courdyy
My M mtissicn Expires Mar. 7, 2010
Member, Pennsylvania Association of Notades
2
The precise residence and the complete post office
address of the above -named Grantees is:
-p C- Vie.�
Z_�Z
Ch behalf of the Grantees
3
DEED
FROM:
Dorothea M. Houck
TO:
John E. Sumter and Margaret H. Sumter
Please return the recorded
document to:
Capital Abstract Corporation
999 Lincoln Way East
Chambersburg, PA 17201
Telephone: 717- 261 -9143 Fax: 717 -261-
9783
FILE NO. 07-2506
VERIFICATION
I verify that the statements made in the foregoing Claim are true and correct to the best of my
knowledge information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date: //- Signed
Co � f aldde�man,
It+'' }'
DELANO M. LANTZ&ASSOCIATES .
By: Delano M. Lantz, Esquire f DEC , ;)
Identification No. 21401 i;UMBEtilirgl ^
4 North Hanover Street PENNSYLVANIA
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
COREY HALDEMAN, t/d/b/a • IN THE COURT OF COMMON PLEAS OF
HALDEMAN'S CONSTRUCTION • CUMBERLAND COUNTY, PENNSYLVANIA
Claimant
•
v. • NO: 13-6648 MLD
JOHN and MARGARET SUMTER,
Husband and Wife, • CIVIL ACTION - LAW
Owners
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Delano M. Lantz, Esquire, on behalf of
Owners/Defendants John and Margaret Sumter in the above matter.
DELANO M. LANTZ &ASSOCIATES
By_ l �
Beano M. Lantz
I.D. No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
dlantz@dlantzlaw.corn
Dated: December 11, 2013
CERTIFICATE OF SERVICE
On this date I caused a copy of the foregoing to be served on the individual listed
below by first-class U.S. mail:
W. Scott Arnoult, Esquire
Arnoult Law Office, LLC
14 North Main Street, Suite 314
Chambersburg, PA 17201
V/%1-
Delano M. La
Date: December 11, 2013
COREY HALDEMAN, t/d/b/a : IN THE COURT OF COMMON PLEAS OF
HALDEMAN'S CONSTRUCTION : CUMBERLAND COUNTY, PENNSYLVANIA
Claimant r.,
v. : NO: 13-6648 MLD r '
JOHN and MARGARET SUMTER, •
Husband and Wife, : CIVIL ACTION - LAW
Owners
c> rti
PRAECIPE AND RULE TO FILE A COMPLAINT �Y
TO THE PROTHONOTARY:
Pursuant to Pa. R.C.P. 1659 please enter a rule as of course upon the Claimant,
Corey Haldeman, t/d/b/a Haldeman's Construction, to file a Complaint in the above
action within twenty (20) days after service of the Rule or be forever barred from so
doing.
DELANO M. il TZ & ASSOC A TES
By ,f
i elano M. Lantz I
I.D. No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
Dated: December 11, 2013
AND NOW, this /1' k
t .
day of «"` `'- , 2013, RULE
ISSUED AS ABOVE.
David D. Buell, Prothonotary
Deputy
Supreme CQ -t,.fu ': •nnsylvania
Cou I p_ t t, 'leas For Prothonotary Use Only: -,
,; t:.t I
I I I,t Docket No: Si-
GurtiBE�(r County (3-6b-( "Mt.
,
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
®..Complaint El Writ of Summons 0 Petition
* 0 Transfer from Another Jurisdiction ❑ Declaration of Taking
., Lead Plaintiff's Name: Lead Defendant's Name:
CoI.'C' Ka.OEMoa 3044 me MARIrAQ 1 9(4.00-
Dollar Amount Requested: within arbitration limits
Are money damages requested? Iii Yes 13 No (check one) ['outside arbitration limits
Is this a Class Action Suit? 0 Yes LE No Is this an MDJ Appeal? ❑ Yes ❑ No
Name of Plaintiff/Appellant's Attorney: (Jl)• Stoll' £ n..Novt,T-
❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
r Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
•.:. PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
• TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
W;Ar• .:Y. ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑Nuisance 0 Dept.of Transportation
r ❑ Premises Liability In Statutory Appeal:Other
i 0 Product Liability(does not include
mass tort) ❑ Employment Dispute:
El Slander/Libel/Defamation
Discrimination
3"5 ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board
t 0 Other:
OtIP ® Other:
'' 1 L MASS TORT Cogtur
'`
* Asbestos
0 Tobacco
❑ Toxic Tort-DES
0 ` ❑ Toxic Tort-Implant
REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment 0 Common Law/Statutory Arbitration
n Other:
4 0 ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent Dil Mandamus
❑ Landlord/Tenant Dispute Non-Domestic Relations
❑ Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑Quo Warranto
❑ Dental ❑ Partition ❑Replevin
t ❑ Legal ❑ Quiet Title ❑Other:
❑ Medical 0 Other:
❑ Other Professional:
Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Corey Haldeman, t/d/b/a • CIVIL ACTION—LAW
Haldeman's Construction, 3� / /v u 0�S ���' c ,
Plaintiff : v
No. I
l
m 1717
• rr 7 r ,
•
_. .a
vs. • Judge:
,
•
John and Margaret Sumter,
Husband and Wife, •
Defendant • Jury Trial Demanded
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 claims 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. 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.
Pennsylvania Bar Association
Legal Reference Service
Telephone: 1-800-692-7375 (PA Only)
Or 717-238-6715
The Court of Common Pleas of Franklin County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the
Court,please contact our office. All arrangements must be made at least 72 hours prior to
any hearing or business before the Court. You must attend the scheduled conference or the
hearing.
W. Scott Arnoult,
Attorney for Plaintiff
Supreme Court ID # 92129
Arnoult Law Office, LLC
14 North Main Street; Suite 314
Chambersburg, PA 17201
(717) 261-0645
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Corey Haldeman, t/d/b/a • CIVIL ACTION—LAW
•
Haldeman's Construction,
Plaintiff : No. i 3^ �6 'Q U M L D
•
vs. • Judge:
•
•
John and Margaret Sumter,
•
Husband and Wife, ,
Defendants • Jury Trial Demanded
CIVIL COMPLAINT
Now comes Corey Haldeman, trading and doing business as Haldeman's Construction,by and
through his undersigned attorney with the following civil action and averments in support
thereof:
1. Plaintiff is Corey Haldeman, an adult individual trading and doing business as
Haldeman's Construction.
2. Plaintiff's place of business is located at 2223 Criders Church Road, Chambersburg, PA
17202 in Franklin County.
3. Defendants are John and Margaret Sumter, husband and wife, both are adult individuals
residing at 700 Charles Street, Shippensburg PA 17257 in Cumberland County.
4. Defendants are the owners of real property with a street address of 700 Charles Street,
Shippensburg, PA 17268(The Property). A true and correct copy of the deed to the
property is attached hereto marked Exhibit 1 and incorporated herein by reference
thereto.
5. On or about June 3, 2013 Defendant John E. Sumter executed a written contract in which
Plaintiff would renovate the property and Defendants would pay Plaintiff for the
renovations. A true and correct copy of the contract is attached hereto marked Exhibit 2
and incorporated herein by reference thereto.
6. Initially Defendants refused to pay any deposit towards the project.
7. When Plaintiff did not start work, Defendants did make an initial deposit of
approximately$6,000.00.
8. Plaintiff obtained all the necessary permits for the renovation.
9. From the time work was started on the project, Defendants started making baseless
complaints, calling the borough office to check the status of permits and generally
questioning everything that Plaintiff did throughout the project. Additionally, Defendants
harassed Plaintiff's workers and subcontractors with demands for additional work not set
forth in the contract.
10. When the footers for the project were being excavated, Defendants' called to borough
and demanded to know why their contractor was at their home working without a
building permit. Plaintiff was actually in the borough office when Defendants called.
11. The Defendants were informed by the borough that Plaintiff had all the necessary
permits.
12. In addition to constantly complaining about the project, Defendants requested that
additional work be done, asked for changes and then refused to sign any change orders.
13. Defendants left over twenty phone messages to Plaintiff detailing change requests and
complaining about the progress of the work.
14. The parties also agreed that Defendant would make payments to Plaintiff throughout the
time Plaintiff performed the renovations on the Property to allow Plaintiff to pay for
materials and labor associated with the project.
15. Plaintiff has substantially completed the renovations, including the changes demanded by
Defendants.
16. The last payment Plaintiff received was the initial deposit. Defendants refused to pay any
draws.
17. Defendant has not made any further payments despite demand for the same.
18. Throughout the project, Defendants made numerous change requests to Plaintiff.
19. Plaintiff attempted to have Defendants sign change orders to reflect the requested
changes,but Defendants refused to sign any change orders.
20. Defendants told Plaintiff that they would not pay for anything, including the changes
until the project was completed.
21. Plaintiff owes material suppliers for materials used in the project for Defendant.
Jurisdiction
22. Paragraphs 1 through 21 are incorporated as if set forth fully.
23. Jurisdiction for this action is properly in this Court because the property is located in
Cumberland County, the work is being performed in Cumberland County and the
Contract was executed in Cumberland County.
Count I: Breach of Contract
24. Paragraphs 1 through 24 are incorporated as if set forth fully.
25. The Parties entered a valid contract.
26. Plaintiff has substantially performed his duties under the contract.
27. Plaintiff has completed all the work on the project, including the extra work demanded by
Defendants
28. Defendant has refused to make payments as agreed to.
29. Defendant is in breach of the contract between the parties.
30. As a result of Defendant's breach of the contract, Plaintiff has suffered damages in the
amount of$13,500.00
WHEREFORE, Plaintiff seeks damages in the amount of $13,500.00 against defendant plus
costs and prejudgment interest from September 9, 2013 the date of the breach.
Count II Unjust Enrichment
31. Paragraphs 1 through 30 are incorporated as if set forth in full.
32. Plaintiff has purchased materials and performed renovations on Defendants' Property.
33. By purchasing the materials and performing the renovations on Defendants' Property,
Plaintiff has conferred a benefit on Defendants in the amount of$19,500.00.
34. Defendants have appreciated the benefit Plaintiff has conferred upon them.
35. Defendants have only paid $6,000.00 for the benefit Plaintiff has conferred upon them.
36. Under the circumstances, it would be unjust for Defendants to have the benefit Plaintiff
has conferred upon them without paying Plaintiff for the same.
37. The amount in controversy is less than the $50,000.00 for the purposes of Local Rule
1301-1 and 42 Pa.C.S.A. §7361.
WHEREFORE, Plaintiff demands judgment against Defendants in the amount of$13,500.00
and costs of court.
Respectfully Submitted,
W. Scott Arnoult
Attorney for Plaintiff
Arnoult, Law Office, LLC
14 North Main Street; Suite 314
Chambersburg, PA 17201
(717) 261-0645
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY ,..-.:_..vol
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1 COURTHOUSE SQUARE a in; 3,4 �--�.�, - ; -.�,
CARLISLE, PA 17013 .::,,,-,_ ,..,\T,i " a _ - ; ,t`
717-240-6370 _ t
Instrument Number-200741808
Recorded On 11/5/2007 At 8:59:16 AM *Total Pages-5
*Instrument Type-DEED
Invoice Number-8135 User ID-AF
*Grantor-HOUCK,DOROTHEA M
*Grantee-SUMTER,JOHN E
*Customer-PA REAL ESTATE
*FEES
STATE TRANSFER TAX $1,825.00 Certification Page
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00 DO NOT DETACH
JUSTICE
RECORDING FEES - $11.50 This a e is now part
RECORDER OF DEEDS p g P
AFFORDABLE HOUSING $11.50 of this legal document.
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
SHIPPENSBURG AREA $912.50
SCHOOL DISTRICT
SHIPPENSBURG BOROUGH $912.50
TOTAL PAID $3,688.50
I Certify this to be recorded
in Cumberland County PA
j .aaue
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\AF=;-�.V� RECORDER 0 D EDS
r��j� Y-JV�t/
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*-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
00096D
IIIIIIIII 1!11111 lUll
EXHIBIT
1.
a
File No.07-2506 Parcel ID No.
This Indenture, made the,J•S day ofr �Y
Between
•
DOROTHEA M.HOUCK,WIDOW OF 732 FIRESIDE DRIVE,
SHIPPENSBURG,PENNSYLVANIA
(hereinafter called the Grantor),of the one part,and
JOHN E.SUMTER AND MARGARET H.SUMTER,HIS WIFE,OF 6516
SPANISH MOSS LANE,CHARLOTTE,NORTH CAROLINA 28262
(hereinafter called the Grantees),of the other part,
Witnesseth,that the said Grantor for and in consideration of the sum of One Hundred Eighty Two
Thousand Five Hundred Dollars 00/100($182,500.00)lawful money of the United States of America,
unto her well and truly paid by the said Grantees,at or before the sealing and delivery hereof,the receipt
whereof is hereby acknowledged, has granted,bargained and sold,released and confirmed,and by these
presents does grant,bargain and sell,release and confirm unto the said Grantees,as tenants by the entirety
ALL THAT CERTAIN lot or piece of ground situate in Shippensburg Borough,County
of Cumberland,Commonwealth of Pennsylvania,bounded and described as follows:
BEING Lot No.1 and the Western one—half(1/2)of Lot No.2 of Block"H",
of Plan of Hallwood Heights as recorded in the office of the Recorder of Deeds in Plan
Book No 5,Page 60.
THIS property is conveyed SUBJECT to restrictions recited on the recorded
plan and SUBJECT to an easement to erect and maintain telephone and electric poles
and lines and to install water and gas lines on the rear thereof.
BEING the same premises which Frank E.Basehoar,Jr.and Holly C.Shreiner Basehoar,
his wife, by Deed dated May 6, 1988, and recorded May 10, 1988, in the Office of the
Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book I33,
Page 176,granted and conveyed unto Robert L.Houck and Dorothea M.Houck,his wife.
The said Robert L. Houck died May 26, 1999, thereby vesting full title to his wife,
Dorothea M.Houck,as surviving tenant by the entirety.
J
1
Together with all and singular the buildings and improvements, ways, streets, alleys, driveways,
passages,waters, water-courses,rights,liberties,privileges,hereditaments and appurtenances,whatsoever
unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and
remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and
demand whatsoever of her,the said grantor,as well at law as in equity,of,in and to the same.
To have and to hold the said lot or piece of ground described above, with the buildings and
improvements thereon erected,hereditaments and premises hereby granted,or mentioned and intended so
to be, with the appurtenances, unto the said Grantees,their heirs and assigns, to and for the only proper
use and behoof of the said Grantees,their heirs and assigns,forever.
And the said Grantor, for herself and her heirs, executors and administrators, does, by these presents,
covenant,grant and agree,to and with the said Grantees,their heirs and assigns,that she,the said Grantor,
and her heirs,all and singular the hereditaments and premises herein described and granted,or mentioned
and intended so to be,with the appurtenances,unto the said Grantees,their heirs and assigns,against her,
the said Grantor,and her heirs,will warrant and defend against the lawful claims of all persons claiming
by,through or under the said Grantor but not otherwise.
In Witness Whereof,the party of the first part has hereunto set her hand and seal.Dated the day
and year first above written.
Sealed and Delivered
IN THE PRESENCE OF US:
t==� � 7`CTd7.(.t.k." SEAL}
Dorothea M.Houck
Commonwealth of Pennsylvania ) ss
County of 1rpv� t ✓1
On this the 31 s* day of C C.4Ok A.y , LOC) --, before me, the
undersigned Notary Public, personally appeared Dorothea M. Houck, widow, known to me (or
satisfactorily proven)to be the person whose name is subscribed to the within instrument,and ackn.wledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my hand and.ff•al seal.
AP.
A A
No . , Public _ '
My commission expires
COMMONWEALTH OF PENNSYLVANIA
Notarial Seat
Maiina S,Ray,Notary Public
Guilford Twp.,Franklin County
My Commission Expires Mar.7,2010
Member,Pennsylvania Association of Notaries
2
The precise residence and the complete post office
address of the above-named Grantees is:
-3-OO C.b,a,r'te5
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On behalf of the Grantees
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VERIFICATION
I verify that the statements made in the foregoing Claim are true and correct to the best of my
knowledge information and belief I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date: /(0/ /) Signedr li 1 -/ca
Co'-y aldeman, Plaintiff
www.haldemansconstruction.com
Proposal haldemansconstruction cr yahoo.com
Haldeman 's Construction PA005511
Phone (717) 372-0923
FAX (717) 496-4110
2223 Criders Church Rd. Chambersburg, PA. 17202
LAME Sumter residence Home Phone 717-300-3309
>TREET 700 Charles st. Cell Phone
:ITY,STATE ZIP Ship., Pa 17257 Email
Date 5/28/2013
:OMMENTS:
Ay company will excavated a 15'x14' area off the south side of home and dig a 2'x3' footer in order to
let below frost line.
Will pour a concrete footer to be inspected and lay block on footer with plate ties to provide foundation.
Will water proof exterior foundation.
Will install sealsill with treated bottom plate on top side foundation block and secure with block ties.
Will frame walls using 2"x6"s every 16"on center directly to existing exterior house wall, leaving brick
:xposea, insutate between all wall studs and run 12-2 wiring for all recepticals every 6' apart around
oom to code as well as a fan box centered on ceiling and install provided fan.. An opening will be cut
nto existing wall where existing window is for enterance way into new room addition.(all switches to add
vill be by new opening).
Nill frame openings to install a 6'white vinyl framed bay window and two dbl hung vinyl windows.
Will install a stone, sand and plastic base under framed floor..
Will frame floor using 2"x8"s, apply const. adhesive to joists and sheet with 3/4" t&g Advantek.
Nill install all truss's every 2'on center tap-coning the truss that lays against existing exterior of house
veil, with a pitch of 3.51 and an 8"over hang on both sides which will be covered in with white vented
iinyl soffit, white aluminum fascia on all face boards and white aluminum seamless gutters and downs
m both sides.
Nill then sheet entire roof with 7/16"osb with "H" clips between all sheets of osb for non-flex between
russ's.
Nill then install a synthetic underlayment and shingles to match existing roof and ridge vent on peak of
-oof along with step flashing along both sides of roof where joining house.
Say window will be installed and drywall will be hung, taped and finished.
Niring and flood light will be installed on Us exterior of addition.
Will install new french exterior door on rear of new addition along with steps, with small overhang built
above door with an exterior light installed as well.
*Price Includes: Labor, permits, material, delivery& dump.
c v v l c ^� - t _ ' 3
A TOTAL PRICE $15,500.00
-'T
Deposit
Balance
EXHIBIT
Signature j u- �-
Date (1 - - ( � 2.-
0
PROPOSAL ACCEPTANCE
By signing above, you are indicating that the above prices, specifications and conditions are satisfactory and are
heret'e accepted. You are authorizing my company to do the work as specified. Please sign and return. I will
con"` `rou to schedule a start date upon receiving the signed proposal. Owner will provide 40% before
Ira 'are submitted to the Commonwealth due to my company will be billed for permits.
www.haldemansconstruction.com
Proposal haldemansconstruction(a�yahoo.com
Haldeman 's cons ructio PA005511
Phone (717) 372-0923
FAX (717) 496-4110
2223 Criders Church Rd. Chambersburg, PA. 17202
NAME Sumter residence Home Phone 717-300-3309
STREET 700 Charles st. Cell Phone
CITY,STATE ZIP Ship., Pa 17257 Email
Date 5/9/2013
COMMENTS:
My company will excavated a 15'x14' area off the south side of home and dig a 2'x3' footer in order to
get below frost line.
Will pour a concrete footer to be inspected and lay block on footer with plate ties to provide foundation.
Will tar exterior foundation.
Will install sealsill with treated bottom plate on top side foundation block and secure with block ties. `� \�
\C') /54:0.
Will frame walls using 2"x6"s every 16" on center directly to existing exterior house wall, leaving brick U pc,. '
exposed, insulate between all wall studs and run 12-2 wiring for all recepticals every 6'apart around
room to code as well as a fan box centered on ceiling. An opening will be cut into existing wall where �ti��
existing window is for enterance way into new room addition.(all switches to add will be by new opening). •
Will frame openings to install a 6'white vinyl framed bay window and two dbl hung vinyl windows.
Will install a stone, sand and plastic base under framed floor..
Will frame floor using 2"x8"s, apply const. adhesive to joists and sheet with 3/4"t&g Advantek.
Will install all truss's every 2'on center tap-coning the truss that lays against existing exterior of house
wall, with a pitch of 3.51 and an 8"over hang on both sides which will be covered in with white vented
vinyl soffit, white aluminum fascia on all face boards and white aluminum seamless gutters and downs
on both sides.
Will then sheet entire roof with 7/16" osb with "H"clips between all sheets of osb for non-flex between
truss's.
Will then install a synthetic underlayment and shingles to match existing roof and ridge vent on peak of
roof along with step flashing along both sides of roof where joining house.
Bay window will be installed and drywall will be hung, taped and finished.
Wiring and flood light will be installed on I/s exterior of addition.
Opening will-Oe cut east/wall at xi ting i ow re r f home in order stall ent oor into )
dry m alo with smalls of s itled. L/
Plumbing will be re uted in basement a d up t ugh flooj order to ve wash into newmud roonj ` D
and a new 2 to ductle35 unit 'ill rii tall in rder ode �n ad c i rt-ew add.
Daikindifference.com
*Price Includes: Labor, permits, material,delivery& dump. ,.
j I ���� (,.�Ci � )7) /1 v6 ( - TOTAL PRICE
j' ` Deposit
OU,r \on Balance
(-1(-1-0 _ 'tee v.3\ \ p do
Signature 1 y�i V5
Date �
PROPOSAL ACCEPTANCE %�����
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By signing above, u are indicat• that the above prices,specifications onditions satisfactory and are
hereby accepted. Yo re author zing company to do work as specified. %dep sit• required for my
company to schedule th start date of yo roject. emainde of the ba nce is d upon com letion of the
work.Please sign and retu with your depos l wi contact you sc dule a start a pon re iv ng the
sinned nrnnncal and dpnnait nk vnu
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www.haldemansconstruction.com
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PA005511
� u � fl ( t`L,A5 EC rkt �EiP
Phone (717) 372-0923
Fax (717) 496-4110
2223 Criders Church rd. Chambersburg,PA. 17202
NAME John Sumter Work Phone
STREET 700 Charles st. Cell Phone 300-3309
CITY, STATE ZIP Ship., Pa 17257 Email
Fax
Date 9/16/2013
COMMENTS:
My company will install siding to reframed bumpout around (3)separate windows not on original
proposal.
My company will install 29ga red corrugated steel roofing, end wall metal, univ ridge cap and foam
inserts not on original proposal.
TOTAL PRICE $550.00
Deposit
Balance
Signature
Date
Due upon signature. Thank you.
EXHIBIT
Fez
02_
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C�;t0r e r Uses fo 7c) . C - /6_ /3
Agreement www.haldemansconstruction.c
haldemansconstructionyaho com
7W
P
A005511
NAME Sumter residence Home Phone 717-300-3309
STREET 700 Charles st. Cell Phone
CITY,STATE ZIP Ship., pa 17257 Email
Date 9/13/2013
COMMENTS:
My company will complete job as stated in original contract.
Will complete siding, soffit, fascia, gutters, downs, exterior steps by newly installed; "single main entry
door"(change from original door was customers request)and doorway cut into existing brick as well as
removal of existing window on said brick wall to form a through way into new addition.
Signature
Signature
Date 9/13/2013
Customer agrees to pay for all changes and additional work requested not specified in original proposal.
Co Sibmer rr_Poses ->-c> C g- i 3- ,3
www.haldemansconstructionnccom
Invoice haldemansconstruction(c�yahoo.com
Haldeman 's Construction PA005511
Phone (717) 372-0923
FAX (717) 496-4110
2223 Criders Church Rd. Chambersburg, PA. 17202
NAME Sumter residence Home Phone 717-300-3309
STREET 700 Charles st. Cell Phone
CITY, STATE ZIP Ship., Pa 17257 Email
Date 5/28/2013
COMMENTS:
My company will excavated a 15'x14' area off the south side of home and dig a 2'x3' footer in order to
get below frost line.
Will pour a concrete footer to be inspected and lay block on footer with plate ties to provide foundation.
Will water proof exterior foundation.
Will install sealsill with treated bottom plate on top side foundation block and secure with block ties.
Will frame walls using 2"x6"s every 16"on center directly to existing exterior house wall, leaving brick
exposed, insulate between all wall studs and run 12-2 wiring for all recepticals every 6' apart around
room to code as well as a fan box centered on ceiling and install provided fan.. An opening will be cut
into existing wall where existing window is for enterance way into new room addition.(all switches to add
will be by new opening).
Will frame openings to install a 6'white vinyl framed bay window and two dbl hung vinyl windows.
Will install a stone, sand and plastic base under framed floor..
Will frame floor using 2"x8"s, apply const. adhesive to joists and sheet with 3/4"t&g Advantek.
Will install all truss's every 2'on center tap-coning the truss that lays against existing exterior of house
wall, with a pitch of 3.51 and an 8" over hang on both sides which will be covered in with white vented
vinyl soffit, white aluminum fascia on all face boards and white aluminum seamless gutters and downs
on both sides.
Will then sheet entire roof with 7/16" osb with "H" clips between all sheets of osb for non-flex between
truss's.
Will then install a synthetic underlayment and shingles to match existing roof and ridge vent on peak of
roof along with step flashing along both sides of roof where joining house.
Bay window will be installed and drywall will be hung, taped and finished.
Wiring and flood light will be installed on I/s exterior of addition.
Will install new french exterior door on rear of new addition along with steps, with small overhang built
above door with an exterior light installed as well.
*Price Includes: Labor, permits, material, delivery&dump.
---Final inspection passed on 9-19-13--- TOTAL PRICE $15,500.00
7/30/2013 Deposit $6,200.00
er_
S5,395 00
Balance $14,695.00
Signature
Date
IMMEEMZNEMMEMMINIMI
1) Refrained bay window opening in Contract to a walkout bay with (3) three 3r-ra dbl haft windows. 2)
E-..tra electricni not in . x'traCt: coax c.ableinew const box, flood light wiring/new ;o .st. box an Os and recpt
wl"ingtn e; y_„ 3, Instal;3t,, , of si ding on exterior o f walkout bay and in3tallation of drywall; tape, mud&
finish on ij,,,,. :. .;t xj rn,2 aa.:r '.`i:aik.out bay. 5) Removal of (2) two _ ., ii j b`sTse?'1 ,
i
VERIFICATION
I verify 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 herein are made subject
to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date: /ySV/5 Signed: �_A�
o - 'aldeman, Plaintiff
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing complaint on the following via first class mail:
Delano M. Lantz, Esquire
Delano M. Lantz & Associates
4 North Hanover Street
Carlisle, PA 17013
Date: December 31, 2013
W. Scott Arnoult
Attorney for Plaintiff
IL
DELANO M. LANTZ&ASSOCIATES
By: Delano M. Lantz, Esquire ` r- —3
Identification No. 21401 33. �-'
4 North Hanover Street - r
Carlisle, PA 17013 t cs 7
717-422-5874
717-422-5879 (fax) >.
5.7E otl? car,
COREY HALDEMAN, t/d/b/a : IN THE COURT OF COMMON PLEAS OF
HALDEMAN'S CONSTRUCTION : CUMBERLAND COUNTY, PENNSYLVANIA
Claimant .
•
v. : NO: 13-6648 MLD
JOHN and MARGARET SUMTER, .
Husband and Wife, : CIVIL ACTION - LAW
Owners .
NOTICE TO PLEAD
TO: Corey Haldeman, t/d/b/a Haldeman's Construction and his attorney
W. Scott Arnoult„ Esquire
You are hereby notified to plead to the New Matter within twenty (20) days from
service hereof or a default judgment may be entered against you.
DELANO M. LANTZ & ASSOCIATES
& //
By 1i∎Afir
Delano M. Lantz .4E,
ID. No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
dlantz@dlantzlaw.com
Dated: January 22, 2014
r
DELANO M. LANTZ&ASSOCIATES
By: Delano M. Lantz, Esquire
Identification No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
COREY HALDEMAN, t/d/b/a : IN THE COURT OF COMMON PLEAS OF
HALDEMAN'S CONSTRUCTION : CUMBERLAND COUNTY, PENNSYLVANIA
Claimant
v. : NO: 13-6648 MLD
JOHN and MARGARET SUMTER, :
Husband and Wife, : CIVIL ACTION - LAW
Owners
ANSWER WITH NEW MATTER TO COMPLAINT
Now come Defendants, John and Margaret Sumter, by and through their counsel
and file the following Answer with New Matter in this matter.
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted in part and denied in part. Admitted that John Sumter on June 3,
2013, signed the proposal prepared by Haldeman's Construction for certain
improvements at Defendants' property. A true and correct copy of the document signed
on June 3, 2013, is attached hereto as Exhibit A. Denied that the attachments to the
Complaint clearly indicate which document was signed on June 3, 2013. The first page
of Exhibit 2 attached to the Complaint includes a partial copy of Exhibit A attached
hereto. Denied that any of the other pages purportedly included as an Exhibit 2 or part
of an Exhibit 2 constitute a true and correct copy of the document signed by Mr. Sumter
on or about June 3, 2013.
6. Denied. As set forth in Exhibit A, no deposit was required under the
agreement until certain conditions occurred. Once those conditions were met,
Mr. Sumter provided a deposit of$6,200. The deposit of$6,200 is noted on the copy of
the June 3, 2013, agreement (Exhibit A) that is attached as Exhibit B.
7. Denied as stated. The answer to Paragraph 6 is incorporated herein by
reference. The deposit was $6,200.
8. Admitted that Plaintiff was obligated to obtain all necessary permits for the
renovation.
9. Denied. At all times, Defendants acted reasonably under the
circumstances. Defendants were concerned about the progress of the work and that
some of the work that was being done did not conform to the requirements of the
contract attached hereto as Exhibit A. Denied that Defendants harassed Plaintiff's
workers and subcontractors with demands for additional work not set forth in the
contract. The discussions related to the performance of the contract.
10. Admitted in part and denied in part. Admitted that John Sumter called the
borough. Denied that there was anything inappropriate about the call.
11. Admitted that the borough representative indicated that the permit was
issued earlier that day.
2
12. Denied. The answers to Paragraph 9 and 10 are incorporated herein by
reference. Defendants only sought to have the work completed in accordance with the
requirements of the written agreement for the agreed contract price. Admitted that
Defendants refused to sign the alleged change orders. No verbal or written agreement
regarding any changes that would result in an increased cost above the contract price of
$15,500 was ever reached on any item. All work performed by Plaintiff was within the
scope of the existing agreement attached hereto as Exhibit A.
13. Admitted in part and denied in part. Admitted that Defendants left
approximately 20 phone messages on Plaintiff's answering machine. Denied that the
allegation accurately reflects the contents of the messages. The answer to
Paragraph 12 is incorporated herein by reference.
14. Denied. The written agreement attached hereto as Exhibit A is
incorporated herein by reference. The written agreement provides for a payment of
"40% before drawings are submitted to the Commonwealth due to my company will be
billed for permits." Otherwise, the written agreement does not call for any interim
payments and no additional payment was required until the work was satisfactorily
completed in accordance with contract. To date, the work has not been completed in
accordance with the contract and Defendants are entitled to set offs as detailed in New
Matter. Due to the set offs no additional payment is owed to Plaintiff.
15. Denied. The work was not completed in a good and workmanlike manner
and much of the work was done in an unworkmanlike manner. Defendants wanted the
contract performed and no changes that varied from the contract were requested by
Defendants. The deficiencies in the work include the following:
3
1. Failure to install 6' foot white vinyl framed bay window as called for in the
contract.
2. Failure to match the floor height in the new addition with the floor in the
existing residence.
3. Unfinished walls and floor in pass-through area between the existing
home and the addition.
4. Failure to complete the job in a timely manner, dealing with Defendants in
an unprofessional manner and failure to clean up the area. He also failed
to install a second downspout.
The New Matter set forth at Paragraphs 39 through 66 is incorporated herein by
reference.
16. Admitted. Defendants have not made any additional payment because of
the deficiencies and failure to complete the work as set forth above and in the New
Matter. Defendants are entitled to set offs that exceed the balance of the contract price.
17. Admitted. No additional payment is owed because of the set offs.
18. Denied. The answers to Paragraphs 12 through 16 are incorporated
herein by reference.
19. Admitted in part and denied in part. The Answers to paragraphs 12
through 16 are incorporated herein by reference. Admitted that, after Plaintiff walked off
the job, Plaintiff submitted a proposed change order dated September 13, 2013, a copy
of which is attached hereto as Exhibit C, and submitted another proposed change order
dated September 16, 2013, a copy of which is attached as Exhibit D. The documents
attached as Exhibit C and D were the only proposed change orders provided to the
Sumters until after Haldeman left the job site. Denied that any of the work completed by
Plaintiff constituted changes from what was required to be completed under the written
agreement attached hereto as Exhibit A. Further, as set forth in New Matter, Plaintiff is
4
not entitled to make claims based upon alleged changes that are not documented by
written, signed change orders executed before the work was done. No such change
orders were executed on this project.
20. Admitted in part and denied in part. Admitted that Defendants told Plaintiff
that they would not make any further payment beyond their deposit until the work was
completed in a satisfactory manner. Denied that there were any changes in the nature
or scope of the work done by Plaintiff that was not required to be done under the written
agreement attached as Exhibit A. Further, Plaintiff is barred from making claims for any
work that is not reflected in written change orders signed by both parties prior to the
institution of any work that allegedly constituted a "change".
21. Denied. After reasonable investigation, Defendants are without
knowledge or information to form a belief as to the truth of the averments of this
paragraph. The averment is therefore denied and proof thereof demanded.
JURISDICTION
22. The answers to Paragraphs 1 through 21 are incorporated herein by
reference as if set forth herein.
23. Admitted.
COUNT I: Breach of Contract
24. The answers to Paragraphs 1 through 23 are incorporated herein by
reference as it set forth herein.
25. Admitted in part and denied in part. Admitted that the parties entered into
a valid written agreement on or about June 3, 2013, a copy of which writing is attached
hereto as Exhibit A and incorporated herein by reference. Denied that there is any
5
other contract or agreement between the parties other than as set forth in the written
agreement attached hereto as Exhibit A.
26. Denied. There were several defects and deficiencies in the work and not
all work was completed in accordance with the contract. The answers to Paragraphs 15
and 26 and the averments in Paragraphs 39 through 66 of the New Matter are
incorporated herein by reference. Plaintiff materially breached the agreement and
Defendants are entitled to set offs that exceed the remaining balance under the
contract.
27. Denied. Denied that there was any extra work demand by Defendants or
completed by Plaintiff. Further denied that Plaintiff completed all of the work required to
be done under the written agreement attached as Exhibit A. The answers to
Paragraphs 15 and 26 and the averments in Paragraphs 39 through 66 of the New
Matter are incorporated herein by reference.
28. Admitted in part and denied in part. Admitted that Defendant has refused
to make any additional payment under the written agreement for the reasons set forth in
the answers to Paragraphs 15 and 26 and Paragraphs 39 through 66 of New Matter.
No additional payment is owed.
29. Denied. The answers to Paragraphs 15 and 26 and the averments in
Paragraphs 39 through 66 of the New Matter are incorporated herein by reference.
30. Denied. The answers to Paragraphs 15 and 26 and the averments in
Paragraphs 39 through 66 of the New Matter are incorporated herein by reference.
Defendants, not Plaintiff are the parties that have suffered damages.
6
WHEREFORE, Defendants demand that Count I of Plaintiff's Complaint be
dismissed and judgment entered in favor of Defendants and against Plaintiff.
COUNT II: Unjust Enrichment
31. The answers to Paragraphs 1 through 30 are incorporated herein by
reference as if set forth herein.
32. Admitted in part and denied in part. Admitted that Plaintiff provided some
materials and partially performed certain renovations at the property, all pursuant to the
written agreement attached hereto as Exhibit A. Denied that Plaintiff performed any
other work or provided any other materials at the project, or that Plaintiff provided all
materials required under the contract. For example Plaintiff failed to provide the 6' white
vinyl bay window specifically called for in the contract.
33. Denied. The answers to Paragraphs 15 and 26 and the averments in
Paragraphs 39 through 66 of the New Matter are incorporated herein by reference. On
the contrary, instead of conferring a benefit, Plaintiff has created problems for
Defendants by leaving them with a difficult, partially completed and deficient addition to
their home which has adversely affected the market value of the property compared to
what it would have been had the work called for under the agreement attached as
Exhibit A been completed in a good and workmanlike manner in accordance with the
contract.
34. Denied. The answer to Paragraph 33 is incorporated herein by reference.
35. Denied. Defendants provided a deposit of$6,200 to Plaintiff. The harm
that Plaintiff has caused Defendants through the defects, deficiencies and failure to
complete all the work in a good and workmanlike manner required under the contract
7
attached as Exhibit A has led to conditions on Defendants' property that will be difficult
and costly to correct as more fully set forth in answers to Paragraphs 15, 26 and
Paragraphs 39 through 66 of New Matter. Defendants are faced with very substantial
expenses to complete and correct the inferior work by Plaintiff.
36. Denied. Under the facts and in view of the condition in which Plaintiff left
Defendants' property, it would be highly unjust to require Defendants to make any
additional payment whatsoever to Plaintiff. Instead, justice requires Plaintiff to
reimburse Defendants for all harm suffered by Defendants due to Plaintiff's failure to
perform the work in a good and workmanlike manner and to complete the work in
accordance with the requirements of the agreement attached as Exhibit A.
37. Admitted.
WHEREFORE, Defendants demand that Plaintiff's claims be dismissed and
judgment entered in favor of Defendants and against Plaintiff.
NEW MATTER
38. The answers to Paragraphs 1 through 37 of Defendants' Answer are
incorporated herein by reference.
39 The written agreement attached hereto as Exhibit A and signed by John
Sumter on or about June 3, 2013, constitutes the written contract for the construction to
be completed by Plaintiff at Defendants residence. That written agreement provided for
a start date no later than July 15, 2013. The contract price was $15,500.
8
40. Defendants provided a deposit of$6,200 by check dated July 29, 2013,
and mailed to Plaintiff on July 30, 2013. Plaintiff cashed the check on August 6, 2013.
The payment of the deposit is noted on Exhibit B.
41. Under the contract attached as Exhibit A, construction was to begin no
later than July 15, 2013. Plaintiff failed to begin construction until August 5, 2013 when
he obtained the borough permit. But only the footers were dug. Plaintiff applied for a
Cumberland county permit on August 5 which was not issued until August 14.
42. On September 11, 2013, Plaintiff wrongfully demanded an immediate
$6,000 additional draw even though work was not completed. When Defendants
refused to accede to the unfounded demand, Haldeman and all his workers left the job
site, and Haldeman stated he would not return to the site. However, he later called and
indicated he would return to the project. The Sumters were constrained to call the
police during this incident due to the fact that Haldeman threatened to remove materials
from the work site, including installed windows, siding and a door.
43. On September 13 and September 16, 2013, Plaintiff wrongfully attempted
to coerce Defendants into signing baseless change orders attached hereto as exhibits C
and D. Defendants refused to sign them. All listed work on the change orders was
required under the written contract (Exhibit A) or was not performed.
44. On September 18, 2013, Haldeman claimed he was finishing the
construction. The last item he performed was to cut a 34" opening between the brick
wall that separated the addition from the existing house. He and his crew made no
effort to keep dust and debris from entering and pervading the entire home causing
heavy dust to permeate the living environment and leading to breathing difficulties for
9
Defendants and requiring them to clean a thick layer of dust off of virtually everything in
the home.
45. On September 18, 2013, after Plaintiff cut the opening in the brick wall,
Defendants for the first time became aware that the level of the floor in the addition was
2" higher than the level of the floor in the original home. On information and belief,
Defendants believe and therefore aver that Plaintiff knew or should have known for
some time before that date that the floor of the addition was higher than the floor in the
rest of the house, but failed to disclose this information to Defendants. Defendants first
became aware of this unacceptable condition when John Sumter observed it after the
opening was cut. When Haldeman observed John Sumter's shocked expression when
he saw the floor heights were different, Mr. Haldeman's statement made to John Sumter
was "you want to say something" in an intimidating fashion. Haldeman's statement was
one of many bullying behaviors during this project which were intended to and did
intimidate Defendants.
46. By constructing the addition so that finished floor height in the addition is
2" higher than the finished floor height in the original home, Plaintiff committed a
material breach of the agreement and failed to construct the addition in a good and
workmanlike manner. This breach has resulted in substantial harm to Defendants as
more fully set forth in the set offs below.
47. The written agreement dated May 28, 2013, attached as Exhibit A called
for the installation of a 6' white vinyl framed bay window.
48. As construction proceeded, Defendants discovered that the framing did
not provide for a projected area for a window seat in the area where the required 6'
10
white vinyl framed bay window would be installed. Mr. Sumter discussed the issue with
Plaintiff. Plaintiff then proceeded to re-frame the area without preparing a written
change order and presenting it to Defendants or making any claim for any extra
expense. In so doing, Plaintiff was proceeding with work required under the contract
dated May 28, 2013. By proceeding forward with the work without an executed change
order, Plaintiff waived and is estopped from claiming that any of the work performed
was extra work entitling him to any payment whatsoever in excess of the contract price
of$15,500.
49. As a result of the re-framing, Plaintiff provided a bay window area, but
then installed three separate window units. The installation does not meet the
requirements of a 6' white vinyl framed bay window as clearly called for in the contract.
The on-site installation of three separate window units instead of the manufactured 6'
white vinyl framed bay window constituted a material breach of the agreement and a
failure to perform the work in a good and workmanlike manner in accordance with the
contract and a failure to provide the materials called for in the contract. Additionally, the
three windows were not properly installed and instead were installed in a shoddy,
unworkmanlike manner.
50. After cutting the 34" opening through the wall, Plaintiff made no effort
whatsoever to deal with the mismatch of the floor height or to frame up and to finish the
area that was opened up as a passage way between the original house and the
addition. He failed to clean up around the perimeter and left large ruts in the lawn.
Defendents incurred expenses as set forth below in cleaning up the area and fixing the
lawn.
11
51. Plaintiff otherwise failed to complete the installation of the windows and
the exterior door that was installed in a manner that prepared them for the installation of
the finish trim.
52. The construction contract and the work performed in this matter is subject
to the provisions of the Home Improvement Consumer Protection Act, 73 P.S. § 517.7.
53. Under the Home Improvement Consumer Protection Act, the requirements
for a home improvement contract include the following requirements:
(a) Requirements.—No home improvement contract shall be valid or
enforceable against an owner unless it:
(1) Is in writing and legible and contains the home improvement contractor
registration number of the performing contract.
(2) Is signed by all of the following:
(i) The owner, his agent or other contracted party.
(ii) The contract or a salesperson on behalf of a contractor.
(3) Contains the entire agreement between the owner and the contractor,
including attached copies of all required notices.
(4) Contains the date of the transaction.
(5) Contains the name, address and telephone number of the contractor.
For the purposes of this paragraph, a post office box number alone shall
not be considered an address.
(6) Contains the approximate starting date and completion date.
(7) Includes a description of the work to be performed, the materials to be
used and a set of specifications that cannot be changed without a written
change order signed by the owner and the contractor.
(8) Includes the total sales price due under the contract.
(9) Includes the amount of any down payment plus any amount advanced
for the purchase of special order materials. The amount of the down
12
payment and the cost of the special order materials must be listed
separately.
(10) Includes the names, addresses and telephone numbers of all
subcontractors on the project known at the date of signing the contract.
For the purposes of this paragraph, a post office box number alone shall
not be considered an address.
(11) Except as provided in section 12, agrees to maintain liability
insurance covering personal injury in an amount not less than $50,000
and insurance covering property damage caused by the work of a home
improvement contract in an amount not less than $50,000 and identifies
the current amount of insurance coverage maintained at the time of
signing the contract.
(12) Includes the toll-free telephone number under section 3(b) [73 P.S.
§517.3].
(13) Includes a notice of the right of rescission under subsection (b).
73 P.S. § 517.7.
54. A comparison of the agreement dated May 28, 2013, and signed by John
E. Sumter on June 3, 2013, to the requirements of Section 517.7 shows that the written
agreement fails to comply with several of those requirements including the following
shortcomings:
1. It fails to set forth a completion date.
2. It fails to provide a list of the materials to be used and does not include a
set of specifications. It does not set forth the amount of the down payment
and the cost of the special order materials in separate lists.
3. It fails to include the names, addresses and telephone numbers of all
subcontractors on the project.
4. It does not contain a provision for Haldeman's Construction to maintain
liability insurance and property damage insurance as required by Item 11.
5. It does not include a toll free number under Section 3(b) of the act.
6. It does not set forth a right of rescission.
13
55. Under the Home Improvement Consumer Protection Act and the above
statutory provisions, Plaintiff cannot attempt to enforce any alleged change order or
seek reimbursement for any alleged extra work since there are no written change orders
that were signed by Defendants for this project.
56. Further, because Haldeman's Construction did not comply with the
requirements of the statute, Haldeman's Construction should be precluded from
enforcing the agreement against the Sumters. In the alternative, Haldeman's
Construction cannot make any claim for any total amount for the project in excess of the
contract price of$15,500 set forth in the written agreement dated May 28, 2013, and
attached hereto as Exhibit A. As set forth above Defendants paid a $6,200 deposit.
Thus, the maximum possible recovery (prior to set offs) by Plaintiff is $9,300.
57. Because there is a contract in writing, Haldeman's Construction cannot
pursue any "benefit conferred" claim. In the alternative, Haldeman's Construction
cannot pursue any "benefit conferred" claim for any item that is within the subject matter
of the written agreement. All of Plaintiff's alleged claims for extras are matters that are
within the subject matter of the written agreement and Haldeman's Construction cannot
pursue a "benefit conferred" claim for such items.
58. Plaintiff's failure to disclose the subcontractors and material suppliers is a
material failure to comply with the Home Improvement Consumer Protection Act.
Without that information, Defendants were unable to investigate the status of payments
to subcontractors and material suppliers in order to protect themselves from the
possibility of mechanic's lien claims by such subcontractors and suppliers. Plaintiff
14
admits in his Complaint that at least some suppliers have not been paid for materials
supplied to the project.
59. Based on the above, Defendants assert the following set offs against
Plaintiff's claims:
1. Cost to lower floor height in the new addition to match the floor
height in the original residence:
a. Cost to lower joist and install subfloor (and
to straighten and secure extension jambs
on existing windows). $ 5,700
b. Cost of materials and labor to install new
finished floor ($,1500 for materials plus $600)
for installation $ 2,100
Total $ 7,800
2. Cost to complete and correct the cut through the brick wall
into the original house and prepare area for trim: $ 750
3. Remove and replace the three separate windows installed
in the bay area with a 6' white vinyl framed bay window in
accordance with the contract:
a. Labor $ 3,200
b. Cost for new 6' white vinyl bay window $ ,2,080
Total $ 5,280
4. Cost to clean up debris around outside perimeter of addition
and to fill in ruts and build up lawn that should have been
completed by Plaintiff: $ 400
Total amount of off sets $14,230
60. After credit for the set offs, no amount whatsoever is due and owing to
Plaintiff and the amount of off sets exceed the maximum possible balance that Plaintiff
could recover under the agreement dated May 28, 2013, attached as Exhibit A by
15
$4,930. The above figures for the set offs are estimates. The actual costs could be
greater and Defendants reserve the right to claim additional amounts.
61. The above violations of the Home Improvement Consumer Protection Act
also constitute violations of Pennsylvania's Unfair Trade Practices and Consumer
Protection Law, 73 P.S. § 201.1 et seq. as provided for in 73 P.S. § 517.10 which
states:
A violation of any of the provisions of this Act shall be deemed a violation of the
Act of December 17, 1968, (P.L. 1224, No. 387) known as the Unfair Trade
Practices and Consumer Protection Law. Nothing in this Act shall preclude an
owner from exercising any right provided under the Unfair Trade Practices and
Consumer Protection Law.
73 P.S. § 517.10.
62. The Unfair Trade Practices and Consumer Protection Law provides in
part:
(4) "Unfair methods of competition" and "unfair deceptive practices" mean any
one or more of the following: . . .
(xvi) Making repairs, improvements or replacement on tangible, real or
personal property, of a nature or quality inferior to or below the standard of
that agreed to writing; . . . .
(xxi) Engaging in any other fraudulent or deceptive conduct which creates
a likelihood of confusion or of misunderstanding.
73 P.S. § 201-2.
63. Plaintiff violated the above provisions of the Consumer Protection Act by
failing to provide and install a "6' white vinyl framed bay window" as called for in the
contract. Plaintiff also violated the Consumer Protection Act by failing to disclose that
the height of the floor in the addition would be 2" above the level of the floor in the
original home. He further violated the Act by asserting demands for payment of
16
changes that were not supported by signed written change orders and which work was
required under the original contract. He also violated the Act by threatening to and
actually walking off the job when he demanded an additional $6,000 draw when the
contract did not require such a payment.
64. Defendants are entitled to pursue a private action for violations of the
Unfair Trade Practices and the Consumer Protection Law in accordance with Section
201-9.2 of that Act. The section provides in part:
(a) any person who purchases or leases goods of services primarily for
personal, family or household purposes and thereby suffers any ascertainable
loss of money or property, real or personal, as a result of the use or employment
by any person of a method, act or practice declared unlawful by Section 3 of this
Act, may bring a private action to recover actual damages or One Hundred
Dollars ($100), whichever is greater. The court may, in its discretion, award up to
three times the actual damages sustained but not less than One Hundred Dollars
($100), and may provide such additional relief as it deems necessary or proper.
The court also may award to the plaintiff, in addition to other relief provided in this
section, cost and reasonable attorneys' fees.
73 P.S. § 201-9.2.
65. As a result of the violations of the Unfair Trade Practices and Consumer
Protection Law, Defendants have sustained substantial damages as set forth above and
have also incurred additional costs and attorneys' fees in dealing with the problems
created by Plaintiff.
66. Defendants' attorneys' fees will be several thousand dollars and may even
be greater depending upon developments in this matter. Defendants claim an offset for
all such expenses and damages Defendants are entitled to recover for violations of the
Unfair Trade Practices and Consumer Protection Law.
17
67. Defendants will incur additional attorneys' fees and expenses for
consultants and will also incur additional expenses in order to deal with the problems
created by Plaintiff. Defendants claim a set off for all such additional expenses.
WHEREFORE, Defendants demand judgment in favor of Defendants and against
Plaintiff, with costs and attorneys' fees.
DELANO M. LANTZ &ASSOCIATES
�/%
By .� A
ano M. Lan
I.D. No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
dlantz @dlantzlaw.corn
Dated: January 22, 2014
18
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Proposal i'rl r �illS r� '�t,fU UG;_ Jc�l��i'� vfii
iittideinan 's construction PA005511
Phone (717) 372-0923
FAX (717) 496-4110
2223 Criders ('hurch Rd. Chambershurg, PA. 17202
NAME Sumter residence Home Phone 717-300-3309
STREET 700 Charles st. Cell Phone
CITY,STATE ZIP Ship., Pa 17257 Email
Date 5/28/2013
COMMENTS:
My company will excavated a 15'x14' area off the south side of home and dig a 2'x3' footer in order to
get below frost line.
Will pour a concrete footer to be inspected and lay block on footer with plate ties to provide foundation.
Will water proof exterior foundation.
Will install sealsill with treated bottom plate on top side foundation block and secure with block ties.
Will frarnc� walls using 2"x6"s every 16"on center directly to existing exterior house wall, leaving brick
exposes insi)ate between all wall studs and run 12-2 wiring for all recepticals every 6' apart around
room to code as well as a fan box centered on ceiling and install provided fan . An opening will be cut
into existinr. wall where existing window is for enterance way into new room addition.(all switches to add
will be by new opening).
Will frame openings to install a 6'white vinyl framed bay window and two dbl hung vinyl windows.
Will install a stone, sand and plastic base under framed floor..
Will frame floor using 2"x8"s, apply const. adhesive to joists and sheet with 3/4" t&g Advantek.
Will install all truss's every 2'on center tap-coning the truss that lays against existing exterior of house
wall, with a pitch of 3.51 and an 8"over hang on both sides which will be covered in with white vented
vinyl soffit, white aluminum fascia on all face boards and white aluminum seamless gutters and downs
on both sides.
Will then sheet entire roof with 7/16"osb with "H"clips between all sheets of osb for non-flex between
truss's.
Will then install a synthetic underlayment and shingles to match existing roof and ridge vent on peak of
roof along with step flashing along both sides of roof where joining house.
Bay window will be installed and drywall will be hung, taped and finished.
Wiring and flood light will be installed on I/s exterior of addition.
Will install new french exterior door on rear of new addition along with steps, with small overhang built
above door with an exterior light installed as well.
*Price Includes: Labor, permits, material, delivery& dump.
A.z r a , c' +� l A c" ` • '" _ ! 3 TOTAL PRICE $15,500.00
Deposit
r B ance
EXHIBIT
Signature z C
Date - L. 3 t
PROPOSAL ACCEPTANCE
By signing above,you are indicating that the above prices, specifications and conditions are satisfac ory and are
hereto accepted. You are authorizing my company to do the work as specified. Please sign and return. I will
icon• rou to schedule a start date upon receiving the signed proposal. Owner will provide 40% before
Ira are submitted to the Commonwealth due to my company will be billed for permits.
www.haldemansconstruction.com
Proposal haldemansconstructionCa�yahoo_com
14 IP' e ttlilti t, Otl8frilCil011 -PA005511
Phone (717) 372-0923
FAX (717) 496-4110
2223 Criders Church Rd.Chambersburg,PA. 17202
NAME Sumter residence Home Phone 717-300-3309
STREET 700 Charles st Cell Phone
CITY,STATE ZIP Ship.,Pa 17257 Email
Date 5/28/2013
COMMENTS:
My company will excavated a 15'x14'area off the south side of home and dig a 2'x3'footer in order to
get below frost line.
Will pour a concrete footer to be inspected and by block on footer with plate ties to provide foundation.
Will water proof exterior foundation.
Will instal with treated bottom plate on top side foundation block and secure with block ties.
Will frame walls using 2 x6"s every 16"on center directly to existing exterior house wall,leaving brick
exposed,insuliMe between a8 wall studs and run 12-2 wiring for all receggicEds every 6'apart around
room to code as well as a fan box centered on caing and instal provided fan.. An opening will be cut
into existing wad where existing window is for enterance way into new room addition.(af switches to add
will be by new opening).
Will frame openings to install a 6'white vinyl framed bay window and two dbl hung vinyl windows.
Will install a stone,sand and plastic base under tamed floor..
Will frame floor using 2"x6"s,apply const adhesive to joists and sheet with 3/4"egg Advantek.
Will instaN all truss's every 2'on center tap-coring the Inns that lays against existing exterior of house
wall,with a pitch of 3.51 and an 8"over hang on both sides which will be coves*d kt with white vented
vinyl soffit,white aluminum fascia on at face boards and white aluminum and dooms
on both skies.
Will then sheet entire roof with 7/16"osb with"Ha'clips between all sheets of osb for non-flex between
truss's.
Will then ink a synthetic undertayment and shingles to match existing roof and ridge vent on peak of
roof along with step flashing along both sides of roof where joining house.
Bay window will be wed and cfrywak will be hung,taped and fwd.
Wks and flood fight will be installed on Vs exterior of addition.
Will install new french exterior door on rear of new addition along with steps,with small overhang built
above door with an exterior but instated as wet
*Price Includes:Labor,permits,material,delivery&dump.
0_.,r G -v a ( 4 ¢. 'Ili.otir ''- i)` f s ` 13 TOTAL PRICE $15,500.00
Deposit
Balance
Signature
Date —3-(
r)-11-13 game. I,
PROP, 22imisAgsgrffebeigg ip ,cO Li al>c7 /Iw l ti J SfR440'1-;#4!
By signing above,you are indicating tlhat the above prices,specifications and conditions are satisfactory and are
hereby accepted. You are authorizing my company to do the work as specified. Please sign and reehun. I will
contact you to schedule a abet date upon receiving the signed proposal.Owner will provide 40%before
drawings are submdtbed to the Commonwealth due to my company will be bled for per milts.
PAW/.haidemansconstructior,.c In r'
Agreement naldemansconstru. ((yaho corn/
x 4
'' ice. PA005511
NAME Sumter residence Home Phone 717-300-3309
STREET 700 Charles st. Cell Phone
CITY, STATE ZIP Ship., pa 17257 Email
Date 9/13/2013
COMMENTS:
My company will complete job as stated in original contract.
Will complete siding, soffit, fascia, gutters, downs, exterior steps by newly installed; "single main entry
door'(change from original door was customers request)and doorway cut into existing brick as well as
removal of existing window on said brick wall to form a through way into new addition.
Signature _ _.__
Signature
Date 9/13/2013
Customer agrees to pay for all changes and additional work requested not specified in original proposal.
Cu"Sizyrvt e re Pus et, s j ,( c I- r3- 13
�' r � iiww naKGo�niansconctrtiction corn
,.> haldernansconstr -)n(yahoo corn
PA00551I
Phone (717) 372-0923
Fax (717) 496-4110
2223 C'riders Church rd. Chambersburg, PA. 17202
NAME John Sumter Work Phone
STREET 700 Charles st. Cell Phone 300-3309
CITY, STATE ZIP Ship., Pa 17257 Email
Fax
Date 9/16/2013
COMMENTS:
My company will install siding to reframed bumpout around (3) separate windows not on original
proposal.
My company will install 29ga red corrugated steel roofing, end wall metal, univ ridge cap and foam
inserts not on original proposal.
TOTAL PRICE $550.00
Deposit
Balance
Signature
Date -/6- /j
Due upon signature. Thank you.
EXHIBIT
CL f r
VERIFICATION
I verify that the statements made in the foregoing New Matter are true and
correct to the best of my knowledge, information and belief. I understand that false
statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
hn E. Sumter
Dated: January 91, 2014
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Corey Haldeman, t/d/b/a • CIVIL ACTION—LAW
Haldeman's Construction, •
Plaintiff • No. 13-6648 c ""
.y
•
xra
vs. Judge: z, rn —'r c - -
'"
c./)n r- ry 7J
John and Margaret Sumter, . -r,
-n
Husband and Wife, , •
Defendant • Jury Trial Demanded
ANSWER TO NEW MATTER
Now comes Corey Haldeman, trading and doing business as Haldeman's Construction, by and
through his undersigned attorney with the following answer to new matter and averments in
support thereof:
38. This paragraph is a recitation of the preceding paragraphs in Defendant's answer.
To the extent an answer is required, the factual averments of the answer are denied and the
averments set forth in Plaintiff's complaint are incorporated here as if set forth in full.
39. Denied. Plaintiffs exhibit attached to the complaint was the written contract.
The parties also agreed verbally to changes,but Defendants refused unreasonably to sign any
change orders reflecting the changes demanded by Defendants.
40. Admitted.
41. Denied. Defendant wanted construction to begin not later than July 15, 2013,
Defendant did not mail the initial deposit to Plaintiff until July 30, 2013. It is admitted that
Plaintiff began construction and the process of obtaining permits when he received the first
deposit.
42. Denied. It is denied that Plaintiffs demand of an additional draw was wrongful.
It is standard practice in the construction industry and reasonable for a contractor to request
draws as the project proceeds. On September 11, 2013, the project was under roof and
additional money was required to continue paying for materials and subcontractors. It is
admitted that Plaintiff stopped work when Defendant refused to pay anything else until the
project was completed. It is denied that Defendant did anything that would cause a
reasonable person to call the police. Defendant was attempting to make a case that he did not
have to pay Plaintiff Plaintiff called Defendant and in an effort to make peace, apologized
and offered to continue working notwithstanding Plaintiff not being in the wrong.
43. Denied. It is denied that Plaintiff attempted to coerce Defendants into signing
baseless change orders. Defendants demanded that changes be incorporated into the project
without payment for the same. Defendants threatened to refuse to pay for the entire project
unless the changes were made. Defendants refused to sign change orders that reflected the
changes demanded by Defendants. The changes were not part of the original agreement.
44. Admitted in part and denied in part. It is admitted that all work was completed.
Final inspection was completed. It is admitted that Plaintiff or his crew cut a 34 inch opening
in the brick wall for a door opening. It is denied that Plaintiff cutting brick cause any dust to
enter the house. It is admitted that a small amount of dust was generated when the plaster
wall was cut on the inside of the wall,but the dust did not permeate the entire home.
45. Denied. The difference in the floor levels was approximately 3/4 inch.
Defendants told Plaintiff that they were going to install a floor that would be level with the
floor in the addition as constructed. The Defendants wanted the addition floor to be higher
so it would be level with their floor that they were going to install. It is denied that Plaintiff
said anything to Defendant in an intimidating fashion. By way of further answer, Defendants
have consistently harassed Plaintiff and his subcontractors with numerous and incessant
phone calls and demands.
46. Denied. As set forth above, Defendants stated to Plaintiff that they were going to
install a floor that would be at a certain level. It is denied that the construction of the floor is
a material breach of the contract. Defendants have not been damaged and simply want to
avoid paying for the addition.
47. Admitted in part and denied in part. Is is denied that Defendant's exhibit A is the
agreement between the parties. It is admitted that Defendant initially wanted the bay window
as set forth in Plaintiff's Exhibit on his complaint.
48. Admitted in part and denied in part. It is admitted that at some point in the
construction Defendant Mr. Sumter decided that he change the agreement. Defendant
wanted a window that "juts out over the foundation." The change in the window was the first
of many changes demanded by Defendant. Defendant had no intention of paying any more
for the construction than the initial deposit. It is denied that Plaintiff should not be entitled to
additional payment for the extra work.
49. Denied. All the work was performed in a workmanlike manner. It is denied that
Plaintiff materially breached the contract. Plaintiff initially framed for a bay window in
accordance with the contract. Defendant then demanded a change and Plaintiff complied
with Defendant's request.
50. Admitted in part and denied in part. It is denied that Plaintiff did anything wrong
with respect to the floor level. The opening in the outer wall was not part of the contract. By
way of further answer, Defendants insisted on completing all the trim, door trim,baseboard
trim and window trim themselves because they were going to do it themselves. The contract
did not provide for Plaintiff to complete the trim. Defendants also stated that they did not
want Plaintiff to put grass seed and straw around the addition because Defendants were going
to landscape it. Defendants haggled with Plaintiff at every opportunity they could, stating
that they would do work in order to reduce the price of the addition.
51. Denied. Plaintiff installed all windows and the exterior properly.
52. This is a conclusion of law. To the extent a response is necessary it is denied.
53. This is a conclusion of law to which no response is necessary.
54. This is a conclusion of law to which no response is necessary. To the extent a
response is required it is denied that Plaintiff is not entitled to the relief he has asked for.
55. This a conclusion of law to which no response is necessary. To the extent a
response is required, Defendant will be unjustly enriched if he is allowed to go without
paying Plaintiff for the addition Plaintiff constructed.
56. Denied. This is a conclusion of law. Plaintiff conferred a substantial benefit upon
the Defendants and it would be unjust for the Defendants to be allowed to refuse to pay
Plaintiff.
57. Denied. This is a conclusion of law. Plaintiff should be paid for the work he
performed when he completed the addition for the Defendants.
58. Denied. Defendants have refused, in bad faith to pay Plaintiff. Plaintiff has
continued to pay suppliers for the supplies used in this project and no suppliers have made
any indication that they intended to file mechanics liens.
59. Denied. It is denied that Defendants need to make the repairs they have claimed.
Further Defendants have no intention of making the repairs they have set forth in this
paragraph and are simply using the estimates they received as an excuse to refuse to pay
Plaintiff.
60. Denied. Defendants are not entitled to any set offs.
61. Denied. This is a conclusion of law.
62. Denied. This is a conclusion of law. It is denied that Plaintiff has engaged in
deceptive or unfair trade practices. It is denied that Plaintiff has made any improvements that
were inferior or below the standard agreed to in writing.
63. Denied. It is denied that Plaintiff has violated any provisions of the consumer
protection act. It is denied that Plaintiff installed an improper window. It is denied that
Plaintiff failed to disclose the height of the floor. It is denied that Plaintiff wrongfully
requested an additional deposit. It is denied that Plaintiff initiated the changes. Instead the
changes were initiated by Defendants and the Defendants stated to Plaintiff that they would
not pay for the job unless the changes were made. Defendants then refused to sign any
change orders.
64. This is a conclusion of law. To the extent a response is necessary, It is denied that
Plaintiff has violated any unfair trade practices and consumer protection law with respect to
the Defendants.
65. Denied. Defendants have refused, in bad faith to pay for the addition as
completed by Plaintiff and make allegations of unfair trade practices and consumer
protection law violations in an effort to avoid making payment.
66. Admitted in part and denied in part. Defendants have incurred attorney fees in
their effort to avoid payment for work completed on their project and are not entitled to
recover their attorney fees.
67. Admitted in part and denied in part. Admitted that Defendants are incurring
attorney fees. It is denied that Defendants are entitled to attorney fees and denied that
Defendants should be entitled to a setoff.
WHEREFORE, Defendant's new matter should be denied.
Respectfully Submitted,
W. Scott Arnoult
Attorney for Plaintiff
Arnoult, Law Office, LLC
14 North Main Street; Suite 314
Chambersburg, PA 17201
(717) 261-0645
VERIFICATION
I verify that the statements made in the foregoing answer to new matter are true and correct to
the best of my knowledge information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to
authorities.
Date: �//`'f/i`/ Signed: 74
' re ' a deman, Plaintiff
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing document on the following via first class mail:
Delano M. Lantz, Esquire
Delano M. Lantz &Associates
4 North Hanover Street
Carlisle, PA 17013
•
Date: -?,0.1 /' "t'
W. Scott Arnoult
Attorney for Plaintiff
D_OF 4 i(:
THE PRO -Fria -Nu
2111ii JUN -2 PM 1
CUMBERLAND ENNLVANIAN '{
J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Corey Haldeman, t/d/b/a CIVIL ACTION—LAW
Haldeman's Construction,
Claimant No13-6648MLD
vs. Judge:
John and Margaret Sumter,
Husband and Wife, ,
Owner s
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly discontinue the above captioned civil action with prejudice as the matter has been
settled by the parties.
Date: ova€ 2 20/y
fair LipzA47
W. Scott Arnoult
Attorney for the Plaintiff
Supreme Court #92129
Arnoult Law Office, LLC
14 North Main Street; Suite 314
Chambersburg, PA 17201
(717) 261-0645
eq# /8a8
e# 306687
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing praecipe on the following via first class mail:
Delano M. Lantz, Esquire
Delano M. Lantz & Associates
4 North Hanover Street
Carlisle, PA 17013
Date: J;4 2oiq
W. Scott Arnoult
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Corey Haldeman, t/d/b/a CIVIL ACTION—LAW
Haldeman's Construction,
Claimant No l 3-6648MLD
vs.
John and Margaret Sumter,
Husband and Wife, ,
Owners
Judge:
PRAECIPE TO SATSIFY MECHANIC'S LIEN
TO THE PROTHONOTARY:
Kindly remove the mechanic's lien filed against the Defendants John and Margaret
Sumter's property known locally as 700 Charles Street, Shippensburg, PA 17257 and which is
the subject of the above captioned action. The property referenced above is the same property
was granted to John and Margaret Sumter by a deed dated October 31, 2007 and recorded with
the Cumberland County Recorder of Deeds on November 5, 2007 as Instrument Number
200741808 and described more fully as follows:
All that certain lot or piece of ground situate in Shippensburg Borough,
County of Cumberland, Commonwealth of Pennsylvania, bounded and
described as follows:
Being Lot 1 and the Western one-half of Lot 2 of Block "H", of Plan of
Hallwood Heights as recorded in the office of the Recorder of Deeds in Plan
Book no.5, page 60.
A copy of the Deed to the Property is attached hereto marked Exhibit 1.
Date: SvN£ a) 200(
W. Scott Arnoult
Attorney for the Plaintiff
Supreme Court #92129
Arnoult Law Office, LLC
14 North Main Street; Suite 314
Chambersburg, PA 17201
(717) 261-0645
File No. 07-2506 Parcel ID No.
This Indenture, made the 31. Stay of r)..406.12.4--- ,aDO-4;
Between
DOROTHEA M. HOUCK, WIDOW OF 732 FIRESIDE DRIVE,
SHIPPENSBURG, PENNSYLVANIA
(hereinafter called the Grantor), of the one part, and
JOHN E. SUMTER AND MARGARET H. SUMTER, HIS WIFE, OF 6516
SPANISH MOSS LANE, CHARLOTTE, NORTH CAROLINA 28262
(hereinafter called the Grantees), of the other part,
Witnesseth, that the said Grantor for and in consideration of the sum of One Hundred Eighty Two
Thousand Five Hundred Dollars 00/100 ($182,500.00) lawful money of the United States of America,
unto her well and truly paid by the said Grantees, at or before the sealing and delivery hereof, the receipt
whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these
presents does grant, bargain and sell, release and confirm unto the said Grantees, as tenants by the entirety
ALL THAT CERTAIN lot or piece of ground situate in Shippensburg Borough, County
of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows:
BEING Lot No.1 and the Western one - half (1/2) of Lot No. 2 of Block "H",
of Plan of Hallwood Heights as recorded in the office of the Recorder of Deeds in Plan
Book No 5, Page 60.
THIS property is conveyed SUBJECT to restrictions recited on the recorded
plan and SUBJECT to an easement to erect and maintain telephone and electric poles
and lines and to install water and gas lines on the rear thereof.
BEING the same premises which Frank E. Basehoar, Jr. and Holly C. Shreiner Basehoar,
his wife, by Deed dated May 6, 1988, and recorded May 10, 1988, in the Office of the
Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book I33,
Page 176, granted and conveyed unto Robert L. Houck and Dorothea M. Houck, his wife.
The said Robert L. Houck died May 26, 1999, thereby vesting full title to his wife,
Dorothea M, Houck, as surviving tenant by the entirety.
EXHIBIT
Together with all and singular the buildings and improvements, ways, streets, alleys, driveways,
passages, waters, water -courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever
unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and
remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and
demand whatsoever of her, the said grantor, as well at law as in equity, of, in and to the same.
To have and to hold the said lot or piece of ground described above, with the buildings and
improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so
to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper
use and behoof of the said Grantees, their heirs and assigns, forever.
And the said Grantor, for herself and her heirs, executors and administrators, does, by these presents,
covenant, grant and agree, to and with the said Grantees, their heirs and assigns, that she, the said Grantor,
and her heirs, all and singular the hereditaments and premises herein described and granted, or mentioned
and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, against her,
the said Grantor, and her heirs, will warrant and defend against the lawful claims of all persons claiming
by, through or under the said Grantor but not otherwise.
In 'Witness Whereof, the party of the first part has hereunto set her hand and seal. Dated the day
and year first above written.
Sealed and Delivered
IN THE PRESENCE OF US:
2,4Lici_ii,_ea),029Veue..k,{SEALI
Dorothea M. Houck
Commonwealth of Pennsylvania ss
County of Yp r.ir v t
On this the 3I day of OG -i -O k , 0.00 1-, before me, the
undersigned Notary Public, personally appeared Dorothea M. Houck, widow, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and ackn wledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and 'ffal seal.
COMMONWEALTH OF PENNSYLVANIA
Notarial Sea!
Malina S. Ray, Notary Public
GurlfordTwp., Franklin County
My Commission Expires Mar. 7, 2010
Member, Pennsylvania Association of Notaries
2
No . r; Public
My commission expires
The precise residence and the complete post office
address of the above-named Grantees is:
4OO elfzurte5 541""-'
1 sPP �' '�°1, PA 1 a.5
Ori behalf of the Grantees
3
DEED
FROM:
Dorothea M. Houck
TO:
John E. Sumter and Margaret H. Sumter
Please return the recorded
document to:
Capital Abstract Corporation
999 Lincoln Way East
Chambersburg, PA 17201
Telephone: 717-261-9143 Fax: 717-261-
9783
FILE NO. 07-2506
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200741808
Recorded On 11/5/2007 At 8:59:16 AM
* Instrument Type - DEED
Invoice Number - 8135 User ID - AF
* Grantor - HOUCK, DOROTHEA M
* Grantee - SUMTER, JOHN E
* Customer - PA REAL ESTATE
* FEES
STATE TRANSFER TAX
STATE WRIT TAX
STATE JCS/ACCESS TO
JUSTICE
RECORDING FEES -
RECORDER OF DEEDS
AFFORDABLE HOUSING
COUNTY ARCHIVES FEE
ROD ARCHIVES FEE
SHIPPENSBURG AREA
SCHOOL DISTRICT
SHIPPENSBURG BOROUGH
TOTAL PAID
$1,825.00
$0.50
$10.00
$11.50
$11.50
$2.00
$3.00
$912.50
$912.50
$3,688.50
* Total Pages - 5
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER OF DLEDS
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
11111
00096D
im
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing praecipe on the following via first class mail:
Delano M. Lantz, Esquire
Delano M. Lantz & Associates
4 North Hanover Street
Carlisle, PA 17013
Date: J v►L 2� 2°I r
W. Scott Arnoult
Attorney for Plaintiff
U
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Corey Haldeman, t/d/b/a CIVIL ACTION—LAW
Haldeman's Construction,
Claimant No l 3-6648MLD
vs. Judge:
John and Margaret Sumter,
Husband and Wife,
Owner s
AMENDED CERTIFICATE OF SERVICE
I certify that on this day, June 12, 2014 I served a copy of the praecipe to discontinue filed on
June 2, 2014 on the following via first class mail:
Delano M. Lantz, Esquire
Delano M. Lantz &Associates
4 North Hanover Street
Carlisle, PA 17013
Date: `_(2_/y+ X
VI),od�
W. Scott Arnoult
Attorney for Plaintiff