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Home My WebLink About14-0640 FED/04/2014/TUE 11:56 AM SETTLEMENT AGENCY FAX No,717 909 8923 P.001 Supreme Co nnsylvania 0 leas S 'z County 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 gi Commencement of Action: ' ?" Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking d Plaintiffs NarnE L d Defendant's N Dollar Amount Requested: - �;Kvnthinarbitratiori limits T Are money damages requested? ❑ YeL_�QNO (check one) ❑ outside arbitration limits (yu Xs this a Class Action Suit? ❑ Yes ❑ No Is this an MDJAppeal? ❑ Yes ❑ No Name ofPlauitiff/Appellarit's Attorricy: � r '* o ❑ Check here if you have no attorney (are a Self-Represented 11ro Se] Litigant) act, ONE c an. i)&'to th 1C : 6 ase.cg e oi§y- iA , iQWV.d�ce ' rgtel� ri es'yo � tir 4- Op A; -F pAtMAR FCAS lf� - % ou ire n ne, y Vepfcl th or - 0[_ TORT (do nor include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEA C] Buyer Plaintiff ❑ Intentional Administrative Agencies ❑ Malicious Prosecution 0 Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle Debt Collection: Other 0 Board of Elections ❑ Nuisance 0 Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal. Other ❑ Product Liability (does not include Mass tort) ❑ Employment Dispute: Discrimination 13 Slander/Libel/Defamation ❑ Employment Dispute: Other 13 Zoning Board C_ ❑ Other: 13 Other: __17 ❑ Other. MASS TORT M. Asbestos ❑ Tobacco ❑ Toxic Tort -DES 0 Toxic Tort - Implant (OUS REAL PROPERTY MISCELLANE 0 Toxic taste ❑ Ejectment 0 Common Law/Statutory Arbitration 0 Other - 0 Eminent Domain/Condemnation 0 Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure. Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warfanto ❑ Dental ❑ Partition 0 Replevin 0 Legal ❑ Quiet Title ❑ Other 0 Medical ❑ Other: 0 Other Professional: Updared I1W01 I ACCORD RESTORATION : IN THE COURT OF COMMON PLEAS OF PA, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION -LAW BRIAN SEMUTA and ►� '`' LINDSAY SEMUTA 3 �-- : M m` Co Defendants c C� 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street 1)w Carlisle, PA 17013 q .'X5 (717) 249 -3166 C za 90 ACCORD RESTORATION : IN THE COURT OF COMMON PLEAS OF PA, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. V. CIVIL ACTION -LAW BRIAN SEMUTA and LINDSAY SEMUTA Defendants NOTICIA Le han demandado a usted en la corte. Si usted QUIERE defenderse de e stas demandas expuestas en las pagina siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en fonna escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 ACCORD RESTORATION : IN THE COURT OF COMMON PLEAS OF PA, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. V. CIVIL ACTION -LAW BRIAN SEMUTA and LINDSAY SEMUTA Defendants COMPLAINT AND NOW comes the Plaintiff, Accord Restoration of PA, Inc., by and through its attorney, Darrin C. Dinello, Esquire, and files the following Complaint against the Defendant: 1. Plaintiff, Accord Restoration of PA, Inc., is a Pennsylvania Corporation with its principal place of business located at 621 A Lowther Road, Lewisberry, Pennsylvania 17339. 2. Defendants, Brian & Lindsay Semuta, are adult individuals with a last known address of 901 Allen Street, New Cumberland, Pennsylvania 17070. 3. Plaintiff is in the business of fire and water restoration services and is compensated based on labor hours and costs of materials. COUNT 1— BREACH OF CONTRACT 4. The allegations of paragraphs 1 -3 above are incorporated herein as if more fully set forth. 5. On or about January 9, 2012, Plaintiff provided Defendant with a written contract and proposal (The "Contract ") to perform services at Defendants' residence located at 901 Allen Street, New Cumberland, Pennsylvania 17070. A copy of the Contract is attached hereto, incorporated herein and marked as Exhibit "A" 6. Defendant, Brian Semuta subsequently signed the Contract for Plaintiff to perform services at Defendants' residence. 7. Plaintiff entered upon Defendants' residence in furtherance of the performance of the Contract and commenced the work called for by the same in accordance therewith. 8. The total amount owed to Plaintiff for services rendered to Defendants was $107,585.28 of which $17,000.00 is still unpaid and outstanding. A copy of customer ledger is attached hereto, incorporated herein and marked as Exhibit « 9. Plaintiff has given Defendants notice of the outstanding balance owed in the amount of $17,000.00. 10. Since Plaintiff notified Defendants of the outstanding balance owed for services rendered, Plaintiff has made several more attempts to collect the amounts owed by Defendants but to no avail. 11. Defendant has not paid the amount due for services rendered totaling $17,000.00. WHEREFORE, Plaintiff Accord Restoration of PA, Inc. respectfully requests this Honorable Court to enter judgment against Defendants, Brian and Lindsay Semuta, in the amount of seventeen thousand dollars and 00 /100 ($17,000.00) together with interest on all sums due, attorney fees, court costs and such other relief this Court deems appropriate. COUNT II — QUANTUM MERUIT 12. The allegations of paragraphs 1 -11 above are incorporated herein as if more fully set forth. 13. Plaintiff, at the written request of Defendants and with Defendants' knowledge and acquiescence, provided materials and labor to Defendants for the repairs made at their residence. 14. Defendants accepted said labor and materials of Plaintiff and received the benefit thereof. 15. At some point after Plaintiff started the repairs, Defendants filed a claim with their insurance company for the costs of said repairs. 16. At some point after Plaintiff finished the repairs Defendants received a check from their insurance company reimbursing them for the entire cost of the repairs. 17. Defendants cashed the check(s) and never made payment in full to Plaintiff for the repairs. 18. It would be unconscionable for Defendants to retain the value of Plaintiff's labor and services without making remuneration to Plaintiff. 19. It would be unconscionable for Defendants to retain the insurance proceeds reimbursing them for Plaintiff's labor and services without making remuneration to Plaintiff. WHEREFORE, Plaintiff Accord Restoration of PA, Inc. respectfully requests this Honorable Court to enter judgment against Defendants, Brian and Lindsay Semuta, in the amount of seventeen thousand dollars and 00 /100 ($17,000.00) together with interest on all sums due, attorney fees, court costs and such other relief this Court deems appropriate. Respectfully Submitted, Date: j arrin C Esquire Attorney I.D. No. 78157 5405 Jonestown Road Suite 101 Harrisburg, PA 17112 (717) 909 -6730 Attorney for Plaintiff EXHIBIT "A" ti �nta't �w►rr� Aff MEW t RESTORE: REBUILD. RESOLVE. Contract and Proposal ATTN (Owner). Boman and Lindsay Semut Date: 1 19 /2012 Re: For repair work located at 901 Alien street New Cumberland PA 17Q70 We propose to furnish labor, material and equipment — complete in accordance with the attached specifications, for the sum of $90,354,00 as per attached estimate. Approximate Start Date: 10/5/2012 , Estimated Substantial Completion Date: 3 /5/2013 , contingent upon approval of scope and timely payment by Owner or insurance carrier, as the case may be. Dates do not include any change order; that may occur and do not include decays due to: weather, material selections by Owner or material availability. Any alteration or deviation from attached specifications which involve extra costs will be executed upon written change orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to can property casualty and liability coverage including, fire, tornado and other necessary insurance. This proposal may be withdrawn by us if not accepted within thirty (30) days. Our workers are fully covered by Workman's Compensation Insurance. All Maryland contractor(s) and subcontractor(s) must be licensed by the Maryland Home Improvement Commission (MHIC). You may ask the MHIC about a contractor or subcontractor. The telephone number is 410- 230 - 6309. For Pennsylvania (PA) contracts, the Bureau of Consumer Protection can be contacted, toll free within PA, at 1 -520- BO in order to verify PA contactor registration. This Contract is binding on ACCORD only upon signature by an authorized representative of ACCORD. Authorized Signature, ACCORD Restoration, Inc. By:. Curt Ptewa Sales Representative, MHIC#: ,PA051708 Payment Terms: 1. Deposit: $30,000 due now 2. Second Draw: $30A00 due 112 complete 3. Third Draw. $2%837 due 3/4 complete ,u 'To �5r 0 5 �� 4. Final Balance: *Not to exceed 5 1 Yo" $4,517 Remaining balance due upon progress and completion billings. Payment required and due upon presentation of invoice. The undersigned agrees to pay a finance fee of 1.5% of the unpaid balance for every month payments are overdue or delinquent. To the extent permitted by law, undersigned age tp Pay applicable collection costs and Attomey fees associated with delinquent balance collection as provided elsewhere in this agreement. ACCEPTANCE OF PROPOSAL: riches, specifications, terms and conditions, including those on the reverse side of this page, are satisfactory and are hereby accepted. to do the work as specified. Payment will be made as outlined above. / Signature: r Date: J.— l Printed Name and Title: >2 h c yr ,►� o u �, PLEASE SIGN, INITIAL EACH PAGE AND RETURN ORIGINAL COPY OF ACCEPTED PROPOSAL. Marytand ' Deraware Perins ?"Ma onOne 7123 Wm&.or KI Rd, SwIe 106 28368 John J. Williams divvy. 621-A L owW Road ACCORDrestaadwxo n Sai6more, MD 21244 Mftbam, DE 19966 L.ewisberry, PA 17339 info Cadla3storalion.com Ph: 410-277-Ml • F= 410.277 -0632 Ph: 302 - 933.0941 • Fax: 302- 933-0952 Ph: 717- 938.1441 • Fax 717 - 938 -1444 MKC#51366 MKCk127314 PALkense4051708 EXHIBIT "B" ACCORD RESTORATION OF PA, INC. Customer Ledgers For the Period From Jun 1, 2012 to Dec 18, 2013 Filter Criteria includes: 1) IDs from SEMUTA, BRIAN to SEMUTA, BRIAN. Report order is by ID. Report i Customer ID Customer Date Trans No Debit Amt SEMUTA, BRIAN BRIAN AND LINDSAY SEMUTA 11/21/12 Invoice #5051 - Progress Billing 1,478.93 SEMUTA, BRIAN BRIAN AND LINDSAY SEMUTA 11/21/12 Invoice #5052 - Progress Billing 30,000.00 SEMUTA, BRIAN BRIAN AND LINDSAY SEMUTA 12/5/12 Payment Received - Insurance CK# 120449430 SEMUTA, BRIAN BRIAN AND LINDSAY SEMUTA 1/23/13 Payment received - CK# 781919 SEMUTA, BRIAN BRIAN AND LINDSAY SEMUTA 1130/13 Invoice #5220 - Progress Billing 30,000.00 SEMUTA, BRIAN BRIAN AND LINDSAY SEMUTA 2/15/13 Payment Received - Personal CK# 521 SEMUTA, BRIAN BRIAN AND LINDSAY SEMUTA 9/30/13 Invoice #5763 - Progress Billing 32,000.00 SEMUTA, BRIAN BRIAN AND LINDSAY SEMUTA 11/6/13 Payment Received - Credit Union CK# 862734 SEMUTA, BRIAN BRIAN AND LINDSAY SEMUTA 11/22/13 Invoice #5909 - Progress Billing 14,106.35 SEMUTA, BRIAN BRIAN AND LINDSAY SEMUTA 12/16/13 Payment Received - Insurance CK# 121932192 Report Total 107,585.28 Total Invoiced Homeowner knowing cashed and spent insurance funds that were to be given to Accord for services rendered. Thus leaving the balance of $17000.00 owed. Homeowner stated he was going to try and get a loan from his credit union to pay the balance due. Homeowner was sent prommissory note documents to set up on a payment plan but never signed or returned. Please send letter to initiate collections giving them 2 weeks to pay or file in court. This has been ongoing for months now. I 12/18/2013 at 5:28 PM Page: 1 ACCORD RESTORATION OF PA, INC. Customer Ledgers For the Period From Jun 1, 2012 to Dec 18, 2013 Filter Criteria includes: 1) IDs from SEMUTA, BRIAN to SEMUTA, BRIAN. Report order is by ID. Report i Credit Amt Balance 1,478.93 31,478.93 1,478.93 30,000.00 30,000.00 0.00 30,000.00 30,000.00 0.00 32,000.00 15,000.00 17,000.00 31,106.35 14,106.35 17, 000.00 90,585.28 17,000.00 Payments received Balance Due 12/18/2013 at 5:28 PM Page: 2 VERIFICATION I, FRANK NEMSHICK, hereby verify that I am the Plaintiff in this Complaint; that as such, I any authorized to make this verification; that I have read the foregoing Complaint; and that the facts stated therein arc true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties. of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. Accord Restoration of PA, Inc. Date: By: . Frank Nemshick, President and C.E.O. Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t; , Sheriff .P ti Al, of art[at�r i O i t hat: t Jody S Smith 2914 FEB 28 PM 3 3c., Chief Deputy .', Richard W Stewart ..r Solicitor OFF CE}k 1-4 S.-7RIP PENNSYLVANIA Accord Restoration of PA, Inc. Case Number vs. Brian Semuta (et al.) 2014-640 SHERIFF'S RETURN OF SERVICE 02/21/2014 04:57 PM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by"personally' handing a true copy to a person representing themselves to be the Defendant, to wit: Brian Semuta at 901 Allen Street, New Cumberland Borough, New Cumberland PA 17070. n-31 BRIAN GRZYBOSKI, to PUTY 02/21/2014 04:57 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Brian Semuta, Husband, who accepted as"Adult Person in Charge"for LINDSAY T SEMUTA at 901 Allen Street, New Cumberland Borough, New Cumberland, PA 17070. / 11-3/ BRIAN GRZYBO KI, E-p� SHERIFF COST: $63.21 SO ANSWERS, February 25, 2014 RONNY R ANDERSON, SHERIFF ta,.,, 1 h ACCORD RESTORATION OF PA, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION — LAW BRIAN SEMUTA LINDSAY SEMUTA Defendants No.: 14 -640 Civil Term TO: Brian Semuta & Lindsay Semuta, 901 Allen Street, New Cumberland, PA 17070 DATE OF NOTICE: March 18, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D( NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. PHIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWY''R. 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 (717) 249 -3166 ACCORD RESTORATION OF PA, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION — LAW BRIAN SEMUTA LINDSAY SEMUTA Defendants No.: 14 -640 Civil Term AVISO IMPORTANTE A: Brian Semuta & Lindsay Semuta, 901 Allen Street, New Cumberland, PA 17070 FECHA DEL AVISO: March 18, 2014 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRA COMPARECENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENT ADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PEUDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 Respectfully submitted, Darrin el o, squire Attorney I.D. No. 78157 5405 Jonestown Rd., Ste. 101 Harrisburg, PA 17112 (717) 909 -6730 Attorney for Plaintiff ACCORD RESTORATION OF PA, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V CIVIL ACTION — LAW No.: 14 -640 Civil Term BRIAN SEMUTA LINDSAY SEMUTA Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Notice of Default was served on this day by first -class United States mail, sufficient postage prepaid, addressed to: Dated: 3- 1,,E--1 Brian & Lindsay Semuta 901 Allen Street New Cumberland, PA 17070 • arrin C. Dinel o, squire ACCORD RESTORATION OF PA, INC. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V : CIVIL ACTION - LAW BRIAN SEMUTA LINDSAY SEMUTA Defendants : No.: 14-640 Civil Term C-; --- --■ .T.-- rnW -6,17: .7C 7r° , r",l , -<.-- ) ca r- -0 C) --7-: ,i7,7- CD c •• ..7.'i. PRAECIPE TO MARK ACTION WITHDRAWN, SETTLED ANI37:1,': :.....„ DISCONTINUED -< Kindly mark this action withdrawn, settled and discontinued. Dated: 1(4 Respectfully submitted, Darrin C. Ti11o, Esquire Attorney for Plaintiff I.D. # 78157 5405 Jonestown Road, Suite 101 Harrisburg, PA 17112 (717) 909-6730