HomeMy WebLinkAbout13-7336 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
Cumberland MAGISTERIAL DISTRICT JUDGE JJUDGM
COMMON PLEAS No. 3�- 33l
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ
E. Michael and Lorrie Peters MDJ- 09 -3 -05 Honorable Mark Martin
ADDRESS OF APPELLANT CITY STATE ZIP CODE
30 Emlyn Lane Mechanicsburg PA 17055
DATE OF JUDGMENT IN THE CASE OF (PlainfiM (Defendant)'
11/14/2013 Aquavisions, Inc. Mike and Lorrie Peters
DOCKET No. SIGNA OF APPELLANT OR ATTORNEY OR NT YO
MJ- 09305 -CV- 0000168 -2013 � p` s
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Aquavisions, Inc. appellee(s), to file a complaint in this appeal
am of appellee(s)
(Common Pleas No. , .J -� 3 v �Q ) within twenty (20) days after service of rule or suffer entg of judgment of non p ros.
Signature of appellant or attom or agent
RULE: To Aquavisions Inc. appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date cf service of this rule if service was by mail is the date of the mailing.
Date: i 3 20 i - , �+,,,� ,
�'��� i� V N � � � � � `� Ignature o rothonotary or y
xiHnoa 0 l �Ct�
YOU MUST INCLUDE A COPY OF THE NOTICE OFA0"4Ra M b - UKIVT FORM WITH THIS NOTICE OF APPEAL.
d
AOPC 312 -05
COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ- 09 -3 -05 Aquavisions, Inc.
MDJ Name: Honorable Mark Martin V
Address: 507 North York Street Mike Peters Lorrie Peters
Mechanicsburg, PA 17055
Telephone: 717- 766 -4575
Mike Peters Docket No: MJ- 09305 -CV- 0000168 -2013
30 Emlyn Lane Case Filed: 10/2/2013
Mechanicsburg, PA 17055
Disposition Summary 1c'c cross complafntj
Docket No Plaintiff Defendant Dis osition Disposition Date
MJ- 09305 -CV- 0000168 -2013 Aquavisions, Inc. Mike Peters Judgment for Plaintiff 11/14/2013
MJ- 09305 -CV- 0000168 -2013 Aquavisions, Inc. Lorrie Peters Judgment for Plaintiff 11/14!2013
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Aquavisions, Inc. $0.00 $0.00 $0.00
Lorrie Peters $12,182.89 $0.00 $12,182.89
Mike Peters $12,182.89 $0.00 $12,182.89
Judgment Finding ( "Post Judgment)
In the matter of Aquavisions, Inc. vs. Mike Peters; Lorrie Peters on MJ- 09305 -CV- 0000168 -2013, on 11/14/2013 the judgment was
awarded as follows:
Judgment Component JoinVaeveral Liability Individual Liability Deposit Applied Amount
Filing Fees $182.89 $0.00 $182,89
Civil Judgment $12,000.00 $0.00 $12,000.00
Grand Total: $12,182.89
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
�M
Date Magisterial District Judge Mark Martin
certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 11/14/2013 3:40.29PM
Aquavisions, Inc. Docket No.: MJ- 09305 -CV- 0000168 -2013
V.
Mike Peters, Lorrie Peters
Participant List
Plaintiff(s)
Aquavisions, Inc.
145 Salem Church Road
Mechanicsburg, PA 17050
Defendant(s)
Lorrie Peters
30 Emlyn Lane
Mechanicsburg, PA 17055
Mike Peters
30 Emlyn Lane
Mechanicsburg, PA 17055
MDJS 315 Page 2 of 2 Printed: 11/1412013 3:40:29PM
�r
P '
AQUAVISIONS, INC. : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
Docket No. 13-7336
MIKE and LORRIE PETERS :
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ; ss
AFFIDAVIT: I hereby(swear) (affirm)that I served
a copy of the Notice of Appeal, Common Pleas No. 13-7336, upon the Magisterial District Judge designated therein on
(date of service) Dec.1s 20 13 ❑ by personal service D by(certified)(registered)mail,
sender's receipt attached hereto, and upon the appellee, (name) "9u"'bns,, on
Dec.19 2013
❑by personal serviceD by(certified)(registered)mail,
sender's receipt attached hereto.
(SWORN(AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS 1 1,Ott 1 1. __....._.._.._.__.
L ,p -or
alwafir2r Eft a —.a
Signature of official before w 'm affidavit was made Signature of affiant
Jerome P. DeSanto, Esq.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
McNees Wallace & Nurick LLC
Blanca I.Krisdch,Notary Public 100 Pine Street
City of Harrisburg,Dauphin County P.O. Box 1166
My Commission Expires March 8,2015 Harrisburg, PA 17108-1166
(717) 237-5213 Phone
Title of official j desanto @mwn.corn
My commission expires on(h4:r,t 201S-
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AOPC312A-05 ZC7 `
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7196 9008 9111 4826 5278 7196 9008 9111 4826 5261
TO: Honorable Mark Martin TO: Aquavisions,Inc.
507 North York Street 145 Salem Church Road
Mechanicsburg,PA 17055 Mechanicsburg,PA 17050
I
II
SENDER: 2089 SENDER: 2089
REFERENCE:34095-0004 REFERENCE:34095-0001
PS Form 3800,January 2005 PS Form 3800,January 2005 Postage ` h . qG
Pr Certified Fee RECEIPT c Z,v
SERVICE
Return Receipt Fee ;V S. Retum Receipt Fee p,1 S
Restricted Delivery Restricted Delivery
Total Postage&Fees 4 & .(/ 1 Total Postage&Fees j0- _1���
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Receipt for
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Certified Maih" ( �' Certified MailTM
No Insurance Coverage Provided \,\ uj3 No Insurance Coverage Provided C)c '
Do Not Use for International Mall \ "5 `` Do Not Use for International Mall
i
o.OMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. 3- 7✓ � l
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
NAME CF APPELLANT . MAG.DIST.NO NAME OF MDJ
E. Michael and Lorrie Peters MDJ-09-3-05 Honorable Mark Martin
ADDRESS OF APPELLANT CITY STATE ZIP CODE
30 Emlyn Lane Mechanicsburg PA 17055
DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendant)'
11/14/2013 Aquavisions, Inc. „s Mike and Lorrie Peters
DOCKET No SIGNA OF APPELLANT OR ATTORNEY OR NT
MJ-09305-CV-0000168-2013 . • ` P �
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty
(20)days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Aquavisions, Inc. appellee(s),to file a complaint in this appeal
Name ofappellee(s)
(Common Pleas No. /3.- )36 )within twenty(20)days after service of rule or suffer ent of judgment of non pros.
p / .
Signature of appellant or attomak or agent
RULE: To Aquavisions, Inc. , appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) Th ��IIdate of service of this rule if service was by mail is the date of the mailing.
Date: P (3_ V�{+ [� iL!' d �C.�A 1 -�L U J
N Y�� J i7 n Signature of Prothonotary or eputy
.1tin0o dNv 7m8tn.
YOU MUST INCLUDE A COPY OI8 } IC&b031:1&@MENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05 7')1- H O. Off;i,
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND .1^'+.
• > `� Case
Mag. Dist.No: MDJ-09-3-05 Aquavisions, Inc.
MDJ Name: Honorable Mark Martin v.
Address: 507 North York Street Mike Peters, Lorrie Peters
Mechanicsburg, PA 17055
Telephone: 717-766-4575
Mike Peters Docket No: MJ-09305-CV-0000168-2013
30 Emlyn Lane Case Filed: 10/2/2013
Mechanicsburg, PA 17055
Disposition Summary (cc-Cross Complaint)
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09305-CV-0000168-2013 Aquavisions,Inc. Mike Peters Judgment for Plaintiff 11/14/2013
MJ-09305-CV-0000168-2013 Aquavisions,Inc. Lorrie Peters Judgment for Plaintiff 11/14!2013
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Aquavisions,Inc. $0.00 , $0.00 $0.00
Lorrie Peters $12,182.89 $0.00 $12,182.89
Mike Peters $12,182.89 $0.00 $12,182.89
Judgment Finding ('Post Judgment)
In the matter of Aquavisions, Inc. vs. Mike Peters; Lorrie Peters on MJ-09305-CV-0000168-2013, on 11/14/2013 the judgment was
awarded as follows:
Judgment Component joint/Several Liability Individual Liability peoosit Applied Amount
Filing Fees $162.89 $0.00 $182.89
Civil Judgment $12,000.00 $0.00 $12,000.00
Grand Total: $12,182.89
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
3 A/7a A..", . •
Date Magisterial District Judge Mark Martin °�r
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed:11/14/2013 3:40:29PM
Aquavisions, Inc. Docket No.: MJ-09305-CV-0000168-2013
v.
Mike Peters, Lorrie Peters
Participant List
Plaintiff(s)
Aquavisions,Inc.
145 Salem Church Road
Mechanicsburg, PA 17050
Defendant(s)
Lorrie Peters
30 Emlyn Lane
Mechanicsburg,PA 17055
Mike Peters
30 Emlyn Lane
Mechanicsburg,PA 17055
MDJS 315 Page 2 of 2 Printed:11/14/2013 3:40:29PM
Supreme Court of Pennsylvania
Court of Common Pleas For Prothonotary Use Only:
Civil Cover Sheet Docket No:
CUMBERLAND County 13- 2336 &1 p
The information collected on this form is used solely for court administration purposes. This torn! 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:
S CI Complaint 0 Writ of Summons 0 Petition
0 Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Aquavisions, Inc. E. Michael Peters
T
Dollar Amount Requested: 12 within arbitration limits
I Are money damages requested? la Yes 0 No (check one) Ooutside arbitration limits
O
N Is this a Class Action Suit? 0 Yes la No Is this an MDJAppeal? ® Yes 0 No
A Name of Plaintiff/Appellant's Attorney: William C. Dissinger
0 Cheek here if have no attorney(are a Self-Represented [Pro e Litigant)
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
O Intentional 0 Buyer Plaintiff Administrative Agencies
O Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment
O Motor Vehicle ® Debt Collection:Other 0 Board of Elections
O Nuisance 0 Dept. of Transportation
• Premises Liability 0 Statutory Appeal: Other
S 0 Product Liability (does not include
E mass tort) 0 Employment Dispute:
0 Slander/Libel/Defamation Discrimination
C 0 Other: 0 Employment Dispute: Other 0 Zoning Board
.h 0 Other:
I 0 Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
O Toxic Tort- DES
O Toxic Tort Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
0 Other: 0 Ejectment 0 Common Law/Statutory Arbitration
B 0 Eminent Domain/Condemnation 0 Declaratory Judgment
O Ground Rent 0 Mandamus
O Landlord/Tenant Dispute 0 Non-Domestic Relations
O Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
O Legal 0 Quiet Title 0 Other:
O Medical 0 Other:
O Other Professional:
Updated 1/1/2011
a
. .
RFiLFD-OFFICE •
231 J 23 Pia t3
PENNSYLVAN A TY
William C. Dissinger, Esquire
Attorney for Plaintiff
Attorney ID# 27737
400 South State Road
Marysville, PA 17053
(717) 957-3474 - Phone
(717) 957-2316 - Fax
AQUAVISIONS, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs . .•
E. MICHAEL PETERS and : CIVIL ACTION - LAW
LORRIE PETERS .
Defendants : NO. 13-7336
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN
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 FURTHER
NOTICE FOR ANY MOONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY
OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
(717) 249-3166
William C. Dissinger, Esquire
Attorney for Plaintiff
Attorney ID# 27737
400 South State Road
Marysville, PA 17053
(717) 957-3474 - Phone
(717) 957-2316 - Fax
AQUAVISIONS, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs .
E. MICHAEL PETERS and : CIVIL ACTION - LAW
LORRIE PETERS •
Defendants : NO. 13-7336
COMPLAINT
1 . Plaintiff, Aquavisions, Inc. , is a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania
with an address located at 145 Salem Church Road,
Mechanicsburg, Cumberland County, Pennsylvania.
2 . Defendant, E. Michael Peters, is an adult individual
residing at 30 Emlyn Lane, Mechanicsburg, Cumberland County,
Pennsylvania.
3 . Defendant, Lorrie Peters, is an adult individual residing at
30 Emlyn Lane, Mechanicsburg, Cumberland County,
Pennsylvania.
4 . At all times pertinent hereto Plaintiff, Aquavisions, Inc. ,
was engaged in the business of residential swimming pool
construction and repair.
5 . At all times pertenant hereto Defendants, E. Michael Peters
and Lorrie Peters owned the real estate located at 30 Emlyn
Lane, Mechanicsburg, Cumberland County, Pennsylvania whereon
was located an inground swimming pool .
6. In early May of 2011, Defendants, E. Michael Peters and
Lorrie Peters contacted Plaintiff, Aquavisions, Inc. ,
concerning repairs to their swimming pool .
7 . Plaintiff, provided a written estimate and proposal to
Defendants . A copy of said estimate and proposal is
attached hereto, marked exhibit "A" and incorporated herein
by reference thereto.
8 . The estimate and proposal described above called for
Plaintiff to perform the following work:
a. Remove the existing pool coping, pool title and
caulking joint between existing coping and patios
b. Supply and install new pool coping and pool tile
c. Install new caulking at top of expansion joint
d. Install new pool and spa interior finish
e. Fill pool with clean water
9 . The estimate and proposal, described above, sets forth an
estimate of from $35, 239. 00 to $38, 524 . 00 depending upon
materials selected and provides for additional work beyond
the estimate with prices set forth.
10 . The estimate and proposal, described above, calls for
payment as follows :
a. 30% of total due upon agreement
b. 40% of total due after removal of existing tile and
coping
c. 30% of total due prior to application of interior
11 . On May 13, 2011, Defendants made payment of $11, 108 . 70 to
Plaintiff.
12 . The payment of $11, 108 . 70, constitutes 30% of the following:
labor at $11, 250 . 00, materials at $8, 614 . 00, subcontracted
work (slate blue pebble) at $16, 275 . 00 and the addition of
two (2) new lights at $890 . 00 .
13 . Plaintiff began work on the project in June of 2011 .
14 . During the course of the project Defendants requested
additional work which included the purchase and installation
of three (3) mosaic turtle titles at a price of $150 . 00 and
the purchase and installation of a salt chlorinator system
at a price of $1, 850 . 00 .
15 . Plaintiff completed work on the project in July of 2011 .
16. Defendants made the following payments to Plaintiff:
a . $11, 108 . 70 on May 13, 2011
b. $10, 000 . 00 on July 8, 2011
c. $4, 000 . 00 on February 28, 2013
for a total of $25, 108 . 70 paid.
17 . By reason of the forgoing there is owing to the Plaintiff
the sum of $13, 920 . 00, which Plaintiff has demanded from the
Defendants but which Defendants have refused and still
refuse to pay.
COUNT I
BREACH OF CONTRACT
18 . Plaintiff incorporates herein by reference the allegations
set forth in paragraphs 1 through 17 as though the same were
fully set forth herein at length.
19 . The action of the Defendants as aforesaid are willful and
constitute a material breach of the agreement entered into
between Plaintiff and Defendants .
20 . As a direct and proximate result of the actions of the
Defendants as aforesaid, Plaintiff has suffered and
continues to suffer serious injury, including but not
limited to loss of the monies owed to it by Defendants, loss
of the use of said monies, lost interest on the money and
other such damages as may be discovered.
WHEREFORE, Plaintiff, Aquavisions, Inc. , demands that this
Court enter judgement in its favor and against defendants E.
Michael Peters and Lorrie Peters in the amount of $13, 920 . 00,
together with costs and interest .
COUNT II
QUANTUM MERUIT
21 . Plaintiff incorporates herein by reference the allegations
set forth in paragraphs 1 through 20 as though the same were
fully set forth herein at length.
22 . Between May 13, 2011, and the present time, Plaintiff
performed certain work and provided material and services
for Defendant, consisting of:
a. Removal of the existing pool coping, pool title and
caulking joint between existing coping and patios
b. Supplying and installation of new pool coping and pool
tile
c. Installation of new caulking at top of expansion joint
d. Installation of new pool and spa interior finish
e . Filling of the pool with clean water
f. The addition of two (2) new lights
g. The purchase and installation of three (3) mosaic
turtle titles
h. The purchase and installation of a salt chlorinator
system
23 . The work, labor and services performed by and material
provided by Plaintiff on Defendants behalf have a reasonable
value of $39, 028 . 70 .
24 . Defendants have paid to Plaintiff only the sum of $25, 108 . 70
and failed to pay Defendant the additional sum of $13, 920 . 00
for the work, labor, services and materials performed and
provided by Plaintiff.
25 . As a result of Defendants refusal to make full payment to
Plaintiff of the reasonable value of Plaintiff' s work,
labor, services and materials, Plaintiff has suffered
serious and continuing injury, including but not limited to
loss of the value of time and effort expended on Defendants'
behalf.
26. As a result of Defendants' refusal to make full payment to
Plaintiff of the reasonable value of Plaintiff' s work,
labor, material and services, Defendants have been unjustly
enriched at the expense of Plaintiff.
WHEREFORE, Plaintiff, Aquavisions, Inc. , demands that this
Court enter judgment in its favor and against Defendants, E.
Michael Peters and Lorrie Peters in the amount of $13, 920 . 00
together with costs, interest and attorneys' fees .
Dissinger & Dissinger
7:(Th
Y ��E !
William C.�issir, Eire
Attorney ID #27737
400 South State Road
Marysville, PA 17053
(717) 957-3474 - Phone
(717) 957-2316 - Fax
Attorneys for Plaintiff,
Aquavisions, LLC
Mike and Lorrie Peters Estimate
Labor: 150 hours @ 75.00/Hr. 11
• Aquavisions, Inc. labor allowance to complete scope of work proposed
\/ Materials: $8,6142$10,099
• Agav_,isions Ilnc. to supply new pool tile and new pool coping (price includes
shipping) and all necessary materials to install tile/coping (epoxy tile thin-set, tile
grout, coping mortar/sand, etc.)
• Tile selection through Classic Pool Tile (tile selection will determine price)
• Coping priced for radius-cut bullnose bluestone
Subcontracted Work: $15,375 - $17,175 (S '3 LL)e i'E r` — �-r l
75 l
• Aquavisions, inc. to schedule and contract for all necessary subcontra x.-
ct 7
work/materials _
• New expansion joint and caulking included > 13i`i. Gam' ! - TS S
• Pebble Sheen Interior included (color selection will determine price)
• Fill water included
�P2 s,� 3LVE — l � l� 5
Total Project Estimate: $35,239 - $38,524
Payment Terms: 30% of total due at deposit/agreement to schedule work
40% of total due after removal of existing tile/coping
30% of total due prior to pebble interior application
Li 6 1-4-1— 2. e— Legs—. “-) - 7c?-
LNri J.Sfrui S`!STtn . • PLAINTIFF'S 1 , ASS T E- �,z
• 1.40,..>.e _
/viz 5 rn L 5 .t EXHIBIT 5-
� nA„
z
Proposal for Mike and Lorrie Peters
30 Emlyn Lane, Mechanicsburg, PA 17055
Scope of work:
• Aquavisions, Inc. proposes to remove the existing pool coping and pool tile. The
caulking joint between the existing coping and patios will also be removed.
• Aquavisions, Inc. will supply and install new pool coping and pool tile as selected by
customer.
• Aquavisions, inc. will install new expansion joint between new coping and existing
patios, and will subcontract new caulking at top of expansion joint.
• Aquavisions, Inc. will subcontract new pool and spa interior finish as selected by
customer.
• Aquavisions, Inc. will subcontract clean fill water for pool.
Selections Needed:
• Tile selection and grout color selection for between tiles
• Coping selection and mortar color selection for joints between coping stones
• Pool and Spa interior style and color selection
Exclusions:
• Customer to schedule emptying of pool with service company.
• No repair to existing pool structure or pool equipment included in proposal.
• Customer to schedule pool start-up with service company.
• No start-up chemicals included in proposal.
145 Salem Church Rd., Mechanicsburg,PA 17050 A Tel:717-697-7610 A Fax, 717-697-7612 A www,ctquavisionspools.COm
£ d
Aquavisions, Inc. will give a one year warranty on scope of work
completed by Aquavisions, Inc. and it's subcontractors. There is no
warranty on the pool structure, plumbing, and equipment.
Signature of Aquavisions, Inc.
Representative
Printed Name
Date
Signature of
Customer(s)
Printed
Name(s)
Date
d
Pennsylvania Home Improvement Contractor#PA 004680
Home Improvement Commission #1-888-520-6680
g'd
VERIFICATION
I, Matthew C. Lusk, verify that the statements made in the
foregoing document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa .C. S .
§4904 relating to unsworn falsification to authorities .
Matthew C. usk
AQUAVISIONS, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs . •
•
E. MICHAEL PETERS and : CIVIL ACTION - LAW
LORRIE PETERS
Defendants : NO. 13-7336
CERTIFICATE OF SERVICE
I, William C. Dissinger, Esquire, the undersigned, hereby
certify that on , 2014, a true and correct copy
of the foregoing Complaint was served on the following by
depositing the same within the United States Postal Services,
first class postage prepaid addressed as follows :
E. Michael Peters
30 Emlyn Lane
Mechanicsburg, PA 17055
Lorrie Peters
30 Emlyn Lane
Mechanicsburg, PA 17055
Jay P. DeSanto, Esquire
McNees, Wallace & Nurick, LLC
100 Pine Street
PO Box 1166
Harrisburg, PA 17108-1166
Date: C F 1/-1
Zi444‘ (/9
William C. Dissinger, Esq ire