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HomeMy WebLinkAbout14-1561 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland 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. Commencement of Action: S El Complaint ❑ Writ of Summons ❑ Petition E [] Transfer from Another Jurisdiction El Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T John and Margaret Sumter Corey Haldeman, t/d/b /a Haldeman's Construction I Are money damages requested? El Yes ❑ No Dollar Amount Requested: M within arbitration limits (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes El No Is this an MDJAppeal? ❑ Yes E No A Name of Plaintiff/Appellant's Attorney: Delano M. Lantz, Esq., 4 North Hanover St., Carlisle, PA 17013 ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ® Debt Collection: Other ❑ Board of Elections ❑ Nuisance Dept. of Transportation ❑ Premises Liability Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) [3 Employment Dispute: [3 Slander/Libel/ Defamation Discrimination C El Other: E] Employment Dispute: Other [3 Zoning Board T ❑ Other: I ❑x Other: O MASS TORT Construction contract ❑ Asbestos dispute N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ® Other: ❑Ejectment E3 Common Law /Statutory Arbitration B © Eminent Domain /Condemnation ❑ Declaratory Judgment El Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 DELANO M. LANTZ & ASSOCIATES _u €f By: Delano M. Lantz, Esquire Identification No. 21401 4 North Hanover Street 23 11 R 1 V ! � Carlisle, PA 17013 11) . s r L,4% � -EJ 0 717-422-5879 i ` 717- 422 -5874 PENNSYLVANIA 717 - 422 -5879 (fax) f'EN N SY LVA!d I A JOHN and MARGARET SUMTER IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA COREY HALDEMAN, t/d /b /a CIVIL ACTION LAW HALDEMAN'S CONSTRUCTION, Defendant TO: Corey Haldeman, t /d /b /a Haldeman's Construction, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -3166 rl d 31 7 :5 - r AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los proximos veinte 20 dias des ues de la notificacion d ( ) p e esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE 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 1- 800 - 990 -9108 717- 249 -3166 DELANO M NTZ & ASSOCIATES BY : Delano M. Lantz rV I.D. No. 21401 4 North Hanover Street Carlisle, PA 17013 717- 422 -5874 717 - 422 -5879 (fax) Dated: March 19, 2014 Counsel for John and Margaret Sumter 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) JOHN and MARGARET SUMTER IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA ff V. N O: Cd ✓r Tu' COREY HALDEMAN, t/d /b /a CIVIL ACTION LAW HALDEMAN'S CONSTRUCTION, Defendant COMPLAINT AND NOW COME Plaintiffs, John and Margaret Sumter, by and through their counsel, Delano M. Lantz, Esquire and file the following civil Complaint. 1. Plaintiffs are John and Margaret Sumter, husband and wife, adult individuals residing at 700 Charles Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Corey Haldeman, an adult individual, trading and doing business as Haldeman's Construction, with a place of business located at 2223 Crider's Church Road, Franklin County, Chambersburg, Pennsylvania 17202. 3. Plaintiffs are the owners of real property with a street address of 700 Charles Street, Shippensburg, Pennsylvania 17257 (the "property "). 4. Defendant submitted a proposal dated May 28, 2013, to Plaintiffs for the construction of an addition to their residence for the total price of $15,500. i. 5. On behalf of Plaintiffs, John E. Sumter signed the proposal on June 3, 2013. A true and correct copy of the signed proposal which constitutes the written contract for the project is attached hereto as Exhibit "A" and incorporated herein by reference. The copy also notes the later deposit of $6,200. 6. Plaintiffs paid a deposit to Defendant in the amount of $6,200 by check dated July 29, 2013, and cashed by Defendant on August 6, 2013. 7. Under the agreement attached as Exhibit "A ", construction was to begin no later than July 15, 2013. Defendant failed to begin construction until August 5, 2013 when he obtained the borough permit. Defendant applied for a Cumberland County permit on August 5 which was not issued until August 14. 8. The written agreement dated May 28, 2013, attached as Exhibit "A" called for the installation of a 6' white vinyl framed bay window. 9. As construction proceeded, Plaintiffs discovered that the framing did not provide for a projected area for a window seat in the area where the required 6' white vinyl framed bay window would be installed. Mr. Sumter discussed the issue with Mr. Haldeman. Defendant then proceeded to re -frame the area. 10. As a result of the re- framing, Defendant 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 2 A ^ three windows were not properly installed and instead were installed in a shoddy, unworkmanlike manner. 11. On September 11, 2013, Defendant wrongfully demanded an immediate $6,000 additional draw even though work was not completed. When Plaintiffs 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. 12. On September 13 and September 16, 2013, Defendant wrongfully attempted to coerce Plaintiffs into signing baseless change orders attached hereto as Exhibits "B" and "C ". Plaintiffs refused to sign them. All listed work on the change orders was required under the written contract (Exhibit A) or was not performed. 13. 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 Plaintiffs and requiring them to clean a thick layer of dust off of virtually everything in the home. 14. On September 18, 2013, after Defendant cut the opening in the brick wall, Plaintiffs 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, Plaintiffs believe and therefore aver that Defendant knew or should have known for some time 3 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 Plaintiffs. Plaintiffs 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 Plaintiffs. 15. By constructing the addition so that the finished floor height in the addition is 2" higher than the finished floor height in the original home, Defendant 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 Plaintiffs as more fully set forth below. 16. After cutting the 34" opening through the wall, Defendant 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. 17. Defendant failed to clean up around the perimeter and left large ruts in the lawn. Plaintiffs incurred expenses as set forth below in cleaning up the area and fixing the lawn. 18. Defendant 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, which finish trim was to be installed by Plaintiffs. 19. As set forth above, the total contract price was $15,500 as set forth in the written agreement dated May 28, 2013, and signed on June 3, 2013, and attached 4 hereto as Exhibit "A ". No extras were provided or agreed to by Plaintiffs. As set forth above the Sumters paid a $6,200 deposit. Thus, if Defendant had fulfilled all requirements, Defendant would be entitled to an additional $9,300. However, as set forth herein, Defendant failed to perform the work in a good and workmanlike manner in accordance with the contract and failed to furnish all materials. As a result, Plaintiffs have sustained substantial damages as set forth below in this Complaint. 20. Defendant has made claims for "extras ". However, .all of Defendant's alleged claims for extras are matters that are within the subject matter of the written agreement and no written change orders were signed by Plaintiffs. COUNT I — BREACH OF CONTRACT 21. Paragraphs 1 through 20 above are incorporated herein by reference. 22. As set forth above, Defendant failed to perform the work required under the contract in a good and workmanlike manner, failed to supply all required materials and failed to complete the work. 23. As a result of the above, Plaintiffs have sustained and will sustain the following damages and losses: 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 5 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 claims $14,230 The above figures are estimates. The actual costs could be greater and Plaintiffs reserve the right to claim additional amounts. Because Defendant did not comply with the Home Improvement Consumer Protection Act, he should not be entitled to a set off for the remaining $9,300 of the contract price as more fully set forth below. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in the amount of $14,230 plus any additional costs that they may incur to deal with the aforesaid breaches of the agreement, such total amount not to exceed $50,000. COUNT II — VIOLATIONS OF HICPA 24. Paragraphs 1 to 23 above are incorporated herein by reference 25. 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. 26. Under the Home Improvement Consumer Protection Act, the requirements for a home improvement contract include the following requirements: 6 (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 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. 7 (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. 27. 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. 28. Under the Home Improvement Consumer Protection Act and the above statutory provisions, Defendant 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 Plaintiffs for this project. 29. Haldeman'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, Plaintiffs were unable to investigate the status of payments to 8 subcontractors and material suppliers in order to protect themselves from the possibility of mechanic's lien claims by such subcontractors and suppliers. 30. 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. 31. 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. 32. 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. 33. Defendant 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. Defendant 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 9 original home. He further violated the Act by asserting demands for payment of 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 that was not required by the contract. 34. Plaintiffs 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. 35. As a result of the violations of the Unfair Trade Practices and Consumer Protection Law, Plaintiffs have sustained substantial damages as set forth above and have also incurred additional costs and attorneys' fees in dealing with the problems created by Defendant. 36. Plaintiffs' attorneys' fees will be several thousand dollars and may even be greater depending upon developments in this matter. Plaintiffs will also incur additional expenses for consultants to help deal with the problems created by Defendant. 10 f a 37. Plaintiffs hereby request a judgment for all such expenses that they are entitled to recover for violations of the Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Plaintiffs demand judgment in favor of Plaintiffs and against Defendant, with costs and attorneys' fees, in an amount not to exceed $50,000. DELANO NTZ & ASSOCIATES By: Delano M. Lantz I.D. No. 21401 4 North Hanover Street Carlisle, PA 17013 717 -422 -5874 717 -422 -5879 (fax) Dated: March 19, 2014 Counsel for John and Margaret Sumter 11 EXHIBIT A www.haidemansci.;,istruction.com Proposal haldemansconstruction (cb_vahoo.com PA005511 Phone (717) 372 -0923 FAX (717) 496 -4110 - 2223 Cniders Church Rd. Chambersburg, PA. 17202 NAME Surrhler residence Hone Phone 717- 300-3309 STREET 700 Charles st Cell Phone CITY, STATE LP «. l im [nail Dabs 5/28!2013 COQ: my conVoW wi excavated a 15' x14' area off the south side of have and dug a 2'xW fdol er in order to bebw float fine. Whig pour a concrete Tooler to be inspected and lay block on footer with Plate ties to provide fatmdafiah. Va wager egg warlor foundation. WE kwo seaha vft frosald bottom on top We toundalion block and scums with block ties. WM frame wait wing 2'r Is every 16" an center dhecly loo edsting aderior hates wat lean nng brick exposed, i adW between all well studs and nun 12 -2 wiring for all recepticalt event' V apart around room to code as well as a fan boa oenlene ' ceiling and irhsI provided tan.. An opening WE be art into erdab g wall where a rip Ii rrg window is for enleranoe way into new roan P I NO I .(a8 switches to add wig be by new Wf6 frame OpWdW to install a 6 while ymM hamed ga wwx&Ym and low dbl htft vM0 windows. W iN metal a MM sand and pbMc base under On. 00ar.. Wig frame ibor const. adhe "m 10 oft and sheet wM 3M WC Advantek. w6 install all trusts every r cn as - tor tap• xxft the hates that lays against scaring eAenior cf house wflh a pitch of 3.51 and an 8" over tmv on both aides which wi be canned in wtlfh while vented vinyl soft while akm*vten fesda an al face boards and while akm*vun seeralae I gutters and downs on both sifts. VVM then sheet edtire roof with 7116" osb with NW cf'ipc between aft chaste of osb for norAlm between tnt m%, Wit then trod a synthetic trderlayrnerht and sthi g0as to match existing roof and ridge vent on peak of roof SION with amp both sides of roof where joirft house. ew window will be' I and wit be NM txmd and finished. and flood MW wit be' -1 f/s exterior of addfion. new on rear of new steps overhang buM above doorwifh an exterior Wd installed as weft •Prfoe then... Labor, PennhNs, aatbsntui. dMwty E dump. ° ts s T G -t! v \ a` �•'% •v f s 3 TOTAL PRICE :15.500.00 DOOM A 0.Y Sam," Dab * q .� g♦tt "P�.i j3 � 1��. �A � GIt�^✓ �9� 4i C.IJ'j�R.tad gy s li g nb g : nv ym am Indleaftg sbow prkom. 1pedNkaflonts and cotldilloas am sstldaclOry and am hoeby, aq aid► YOU at'e audumb " My cnmpmly m d0 So work all �� � FOU I wlii atnh ooet you t0 acha kda a sb d dab upon �+aeafhrjn do sgoad propoulL dfewkW ate a*mI dad tD the C0 - l - -0 --" sf lh due t o my company vM be billed fox penllb. EXHIBIT B e , v , ;rgv.ha r nsconszinictior..c PC 0 Agreement naldeman ant aho m � F la {' 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 compa will complete job as stated in original contract. Will complete siding, soffit, fascia, gutters, downs, exterior steps by newly installed; "single main entry dooe'(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 9113/2013 Customer agrees to pay for all changes and additional work requested not specified in original proposal. C u S m r r P o 7 , f �' 14 - r 3- t EXHIBIT C ` • mans A wl' ' �!drr „n 5 • tr �n� ahop - i PA005511 Phone (717) 372 -0923 Fax (717) 496-4110 2223 ('riders ('hurch rd. ('hamhershurg, 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 orig inal p TOTAL PRICE $550.00 Deposit Balance Signature Date Due upon signature. Thank you. EXHIBIT e f 1 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 are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. J n E. Sumter Dated: March 1 , 2014 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) JOHN and MARGARET SUMTER Plaintiffs v. COREY HALDEMAN, t/d/b/a HALDEMAN'S CONSTRUCTION, Defendant FILED -OFF -1C; OF THE PIRGTHfltd 7T; 12-1 Z8/iMAY -B PH 03 CUMBERLAND e PENNSYLVANIA TY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 14-1561 Civil Term : CIVIL ACTION LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above -captioned matter. DELANO M By Dated: May 8, 2014 NTZ & ASS IATES Delano M. Lantz I.D. No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) dlantz@dlantzlaw.corn 1/ 7f, / 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) Attorneys for Plaintiffs JOHN and MARGARET SUMTER Plaintiffs v. COREY HALDEMAN, t/d/b/a HALDEMAN'S CONSTRUCTION, Defendant � HE pRC 1 HOMO T "Vy f0tl1 1'i if 28 1 1 til: 53 OSP NN YLVAMAiYY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 14-1561 Civil Term : CIVIL ACTION LAW PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above -captioned action settled and discontinued with prejudice. Dated: May 28, 2014 DELA .• AIS NTZ & ASSOCIATES By: Delano M. Lantz I.D. No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) Attorneys for Plaintiffs 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: Date: May 28, 2014 W. Scott Arnoult, Esquire Arnoult Law Office, LLC 14 North Main Street, S - 314 Chambersburg, PA 1 Delano M. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Q�l.okki b1. l'.II1II'Ur{'/, 0."" OFFICE OFFICE OF THE SHERIFF THE. PRZCTHO su3 , c JUS{ {7 PM 3:06 CUMBERLAND COUNT'{ PENNSYLVANIA John Sumter (et al.) vs. Corey Haldeman t/d/b/a Haldeman's Construction Case Number 2014-1561 SHERIFF'S RETURN OF SERVICE 05/09/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Corey Haldeman t/d/b/a Haldeman's Construction, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint & Notice according to law. 06/12/2014 The requested Complaint & Notice returned by the Sheriff of Franklin County, the within named Defendant Corey Haldeman t/d/b/a Haldeman's Construction, not found. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.49 SO ANSWERS, June 12, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sharif(, Tcleosoft, Inc. SHERIFF'S RETURN - NOT FOUND CASE NO: 2014-00122 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN JOHN SUMTER ET AL VS COREY HALDEMAN T/D/B/A HALDEMA MICHAEL LEVEILLE , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: HALDEMAN COREY T/D/B/A HALDEMAN'S CONSTRUCTION but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT CIVIL ACTION , NOT FOUND , as to the within named DEFENDANT , HALDEMAN COREY T/D/B/A HALDEMAN'S CONSTRUCTION 2223 CRIDERS CHURCH ROAD CHAMBERSBURG, PA 17202 2 ATTEMPTS; NOTIFICATION CARDS LEFT; NO RESPONSE; EXPIRED Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 MICHAEL LEV ILLE Surcharge .00 DANE M ANTHONY, Sheriff .00 .00 DELANO M LANTZ AND ASSOCIATES 06/05/2014 Sworn and subscribed to before me COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015