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HomeMy WebLinkAbout14-5596 OMIIaONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT . COMMON PLEAS No. 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. N OF APPELLANT MAG.DIST.NO. NAME OF MDJ E'}'t O J a 4 Y v l v 1 ADDRESS OF ATIPELLANTV CITY ` TATE ZIP COD 1pl)q �fi'SI �4 6"�' �� �.ta Cf v84 DATE OF JUDGMENT IN THE CASE OF(Plaintiff (Defendant)' v, �g3 b VS 1)Qqai5 0 DOCKET No. © SIGN URE OF APPELLANT OR ATTORNEY OR AGENT baa t OltI' V[�;J�t This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (se a. 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 cr�' twenty (20)days after filing the NOTICE of APPEAL c/3 _ Signature of Prothonotary or Deputy N CD PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE tr (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) inaction i-eG;9 (Magisterial bistrict Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. C PRAECIPE: To Prothonotary Enter rule upon d Q C- ac- b��yT� appellee(s),to file a complaint in this appeal Natxe of appellee(s) (Common Pleas No. if SS y'� )within twenty(20)days after service of rule or suffer entry of judgment of non pros. OV � VV Signature of appellant o attorney or agent RULE: To Q�-`� 4 r�j Q� 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 flea complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The dUte of service of this rule if service was by mail is the date of the mailing. n Date: L--QA-014 4 /f l W Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. /ls�S`a Po!• a�Cy��� C�� AOPC 312-05 ,-COMMONWEALTH OF PENNSYLVANIA w �. Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-01 Robert Carbaugh MDJ Name: Honorable H.Anthony Adams V. Address: 35 West Orange Street Deans Roofing Shippensburg, PA 17257 Telephone: 717-532-7676 Deans Roofing Docket No: MJ-09301-CV-0000108-2014 c/o Dean Wright Case Filed: 7/30/2014 98 E. Creek Rd Newburg, PA 17240 Disposition Summary (--Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-CV-0000108-2014 Robert Carbaugh Deans Roofing Judgment for Plaintiff 08/21/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Deans Roofing $0.00 $4,361.50 $4,361.50 Robert Carbaugh $0.00 $0.00 $0.00 Judgment Finding (*Post Judgment) In the matter of Robert Carbaugh vs. Deans Roofing on MJ-09301-CV-0000108-2014, on 8/21/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $4,191.00 $4,191.00 Costs $0.00 $170.50 $170.50 Grand Total: $4,361.50 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. / +/Y I� I• y3 f:1tytlf� a�h f Date Magisterial District Judge H.Anthony Adams I certify that this is a true and correct copy of the record of the proceedings containing the judgment. - Date e Magisterial District Judge 9 MDJS 315 Page 1 of 2 Printed:08/21/2014 10:55:27AM f-- + Robert Carbaugh Docket No.: MJ-09301-CV-0000108-2014 V Deans Roofing Participant List Plaintiff(s) Robert Carbaugh 341 E Orange St Shippensburg, PA 17257 Defendant(s) Deans Roofing c/o Dean Wright 98 E. Creek Rd Newburg, PA 17240 MDJS 315 Page 2 of 2 Printed:08/21/2014 10:55:27AM THE PROTHONOU,;, , ?NI; SEP 25 AM JI 140 CUMBERLAND COUNT) PENNSYLVANIA 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 AFFIDAVIT: I hereby (swear) (affirm) that I •served a copy of the Notice of Appeal, Common Pleas No .11-I Stlopon the Magisterial District Judge designated therein on (date of service) -.3, 20 1,4 , 2:1 by personal service El by (certified) (registered) mail, on -->'Robee_A-Ccuz_13 1-) sender's receipt attached hereto, and upon the appellee, (name) 20 l by personal service sender's receipt attached hereto. (SWORN) DAY OF r20 / FFIRMEEir ANp SUBC BEFORE ME THIS Sig cial b affidavit was made Title of official .„My conimission expires on AOPC 312A - 05 Prothonotary, Cumberland County, Carlisle, PA hly alinmission Expires the First Monday•ot „len:41)18' by (certified) (registered) mail, „e44,14.fp 4,11 Signature of affiaat U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided), For deRvery information visit our website at www.usps.come SH Postage Certified Fee Return Recalpt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fee $ ate, ZI 4 PS Form 3800, August 2006 See Reverse for Instructions Plaintiff: Robert Carbaugh, Jr. Defendant: Dean's Roofing , C___e3.,,vvLppMy complaint against Dean's Roofing isflia they guaranteed the roof they put on for us' for 25 years and the roof started leaking- After only one year. His workers didn't have knowledge to install rubber roofs. They installed the rubber over an existing-tin roof,. Pictures will show the rubber was installed on top of the tin where it comes down from the main part of the house. They installed it over the seams and snow and ice coming down off the main roof damaged the rubber. Dean stated he had health problems and couldn't come in for a month. We had four tubs on the bed and still had leaks beside the tubs. We couldn't wait and had to get someone to do the job. (:) 41.4,1/Cct,fifrit-4 rO z f COMMONWEALTH OF PENNSYLVANIA M1 • Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND ti t r41 Case Mag. Dist. No: MDJ-09-3-01 Robert Carbaugh MDJ Name: Honorable H.Anthony Adams V. Address: 35 West Orange Street Deans Roofing Shippensburg, PA 17257 Telephone: 717-532-7676 Robert Carbaugh Docket No: MJ-09301-CV-0000108-2014 341 E Orange St Case Filed: 7/30/2014 Shippensburg, PA 17257 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-CV-0000108-2014 Robert Carbaugh Deans Roofing Judgment for Plaintiff 08/21/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Deans Roofing $0.00 $4,361.50 $4,361.50 Robert Carbaugh $0.00 $0.00 $0.00 Judgment Finding (*Post Judgment) In the matter of Robert Carbaugh vs. Deans Roofing on MJ-09301-CV-0000108-2014, on 8/21/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $4,191.00 $4,191.00 Costs $0.00 $170.50 $170.50 Grand Total: $4,361.50 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. hN ad-07i, Dat Magisterial District Judge H.Anthony Adams I certify that this is a true and correct copy of the record of the proceedings containing the judgment. w - ! - —� Date Magisterial D strict Judge MDJS 315 Page 1 of 2 Printed:08/21/2014 10:55:27AM Robert Carbaugh Docket No.: MJ-09301-CV-0000108-2014 v. Deans Roofing Participant List Plaintiff(s) Robert Carbaugh 341E Orange St Shippensburg, PA 17257 Defendant(s) Deans Roofing do Dean Wright 98 E. Creek Rd Newburg, PA 17240 MDJS 315 Page 2 of 2 Printed:08/21/2014 10:55:27AM , 59549 STATEMENT p.,e TERMS ! . ' ` : P_ur. c .` i�L ., i ' *a.�' �,. y s , --Baggy IN :i a�� wtr� ‘ . � 1* `fi aa- # t X\0 4� _ 14t * _ ' ! � a . VW . . , , ,,,,,,,_ __(),,ii- 1 Aq C.f.). 0 120.,rk. Q., 1 - . 1v-kil- , - ' -- ' [ d ., [ t 1 J i � ...) - ..4- woo , 1 - wz . , ` x ".� �014,' -, ' _ V ; . + , ..x m .s+r a&ri z :-._,-.*-,..._,,,_.,..,_--c, " ..sasF ..,. .y2y ..„ — - $ cuc . - , , _. r k ;te ''''''*'-41F-4--; + �/\ s 0-{. } COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL KATHLEEN G. KANE ATTORNEY GENERAL June 4, 2014 Representative Rob Kauffman PO Box 202089 Harrisburg, PA 17120-2089 RE: Robert Carbaugh, Jr. Dear Representative Kauffman, This letter will confirm receipt of the recent complaint sent to this office regarding to Robert Carbaugh, Jr. Mr. Carbaugh's complaint relating to a warranty on his roof will be referred to the Bureau of Consumer Protection in Harrisburg. It will be reviewed and assigned to a Consumer Protection agent who will keep him updated on its status. By copy of this letter, we are advising the consumer to direct all future correspondence related to his complaint to our Bureau of Consumer Protection at: Office of Attorney General .Bureau of Consumer Protection 15th Floor, Strawberry Square Harrisburg, PA 17120 1-800-441-2555 On behalf of Attorney General Kane,thank you for bringing this matter to our attention. If you have any questions relating to your complaint,please contact the Bureau at the number listed above. Sincerely, /A61 PT Alyss )L,:Weinhold Government Affairs Liaison cc: Robert Carbaugh, Jr. May 26,2014 We contacted Dean's roofing in September 2004 to have a rubber roof installed on our residence. We chose this company since we used them in the past to paint our roof. On September 17,2004,the rubber roof was installed by Dean's roofing and the cap was installed on the chimney.The cost of this installation was$1,500. When I asked what the warranty on the roof was,Dean said"25 year warranty on the rubber roof'and he noted it on the receipt and it was signed by Dean Wright. One year later, I had a leak in the rear bedroom ceiling.Dean's Roofing came and patched the roof.I replaced the ceiling tile at my cost. Three years after the roof was installed,the same area leaked in the rear bedroom. Dean's Roofing repaired the same area again.I had to replace the ceiling tile again at my cost. Approximately five years after the installation the same area in the rear bedroom leaked again. I contacted Dean's Roofing again and they repaired the roof again,and once again I replaced the ceiling tile. In 2013,there was a leak into the kitchen cause by the water running down the rafters. This time I needed to paint the ceiling tile with Kilz and the whole kitchen ceiling needed painted at my cost. Dean said that he had a heart problem and had to go to the hospital but he would send his workers.Dean's Roofing repaired the roof again. In May 2014,there was a major roof leak in the back bedroom.The mattress and box springs were soaked.I called Dean's roofing.Dean's wife answered the phone and said"Dean had a pacemaker installed and was going to have it checked. When I asked if his workers could come and check it,she stated"he doesn't have any workers".Based on this conversation,I made the assumption that the company was out of business.I saw several advertisements in various recent newspapers for Dean's roofing. Multiple phone calls were made to Dean's Roofing with no answer and voicemails that were not returned.The last message I left for Dean, was that I wanted a return phone call or I was going to notify the Attorney General's Office. Dean responded to the last phone call.He contended that the antenna on my roof was causing damage,that when the wind blew,it caused damage to the roof.My antenna is attached to the side of the house and not on the roof.Please see the enclosed pictures.I requested Dean or one of his employees to come and look at the roof and he replied,"what good would that do?"Due to Dean's stated health condition,I chose to end the conversation and pursue assistance from the Attorney General's office. Thank you f your assistance. / ► C. ,A Robert P Carbaugh,Jr ../�'�1�M•^ 11 1 ._U .1 'i!•1riv _ + :Jduy4.6 on.go-,trey / / ,V t) 0 c) '-)0\() --F) k(n \a\FWO U ,DY-)30 �-� 98,46 y--A -AC) '94FDD\cp \)\-\YD c-0,0A-1 -- ,(1,„v1A-Y-3 -1\a\ S'su Isrcs\ V0-0 a\-\0-0 Qc )Ndi\ ?--jav\I-3 cip ;Lit\Cks C)\,.‘''\\,\\CNA \yjc. W-r) CNO \AA --6)\\\ \--Ocr)on ---\73T) \\\ S,\0 -a_c\vs.„,x)\ ClAf\-CL\ - `\ n' � T'\NYD Thh'Gr\c,n 0\-k-NO &•( ,vDcvvri-A 7-)LAswiD s \-)i-r\rTarY3 cD-rci".\ QD-A7 'fcm a S)tbi\TX.\-AIN P \PN.)\-ro Nto--)kwaro Ck_tW,q \L1,0 -4t liga) \--YN U0 SNi).)OB S oCj Qm - - 1 q urr\ 1-u 000we , 9. h.\oe \Ne i --auoc _ . _� �� r �.�� F bean Coo &A came t n urri- &-E+l-ei Joty `t Roo F- tecx.iI ctnc4e I c, e1\Ark-j - act • AX 512712014 http://web.mail.comcast.net/hlviewimages?id=721184 a f 'vet,•' .: .....0-' f- r i! , 4 k At facet:.., "3" '+».-++ - -„ pin 2.JPG http://web.mail.comcast.net/h/viewimages?id=721180 5/27/2014 C= � S • • -4-e) MAL AL • d► tV 1 � bL 0_0/0_4- D \O, \LDC,.\ DPL);1,1) • othk. ua_e 42-v\ ---1/uL. 0-y)yk (L)hca, 3f\ LxkL),6 b mob �� ,���• s scsrm as fAA., e)\ �� �b�, a b - c �-��bi/k'' • upGal CL(JJ__Q Q.-co:62)i AN)._ wcA*A--- c\o �� 1-1 utv H , - pro 182014 _ �P Office f 6 —o 1 '(p3 6.on or L, ��vIC'�! ?Arae SUfl Protect Leri farrisDUrca 1-3p1C _ k f�q S t Y1U____ It*, COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL BUREAU OF CONSUMER PROTECTION Harrisburg Office 15th Floor, Strawberry Square Harrisburg, Pennsylvania 17120 (717) 787-9707 July 23, 2014 Robert P. Carbaugh, Jr. 341 East Orange Street Shippensburg, PA 17257 Re: Dean's Roofing Construction BCP-14-05-019863 Dear Mr. Carbaugh: The Bureau of Consumer Protection has attempted to resolve your complaint against Dean' s Roofing Construction through mediation. Our mediation efforts included a review of the information you provided to our office and relevant background information, letters to the business and other communications with the company. Despite these efforts we have not been able to resolve this matter and have reached an impasse. Further attempts at mediation would not be productive because Mr. Wright of Dean' s Roofing Construction is not willing to refund your money or pay for the repairs to your roof. We regret that we are unable to proceed further with this matter on your behalf. However, there are other options available to you. Should you decide to pursue this complaint, you may wish to consult an attorney or file a complaint with your magisterial district judge. Magisterial district courts do have restrictions on the amount of money that can be recovered in such actions. We have enclosed relevant information on these proceedings for your review. If the amount at issue in your complaint is above the monetary limit, private legal counsel may be able to file an action on your behalf in the Court of Common Pleas. If you wish to discuss this matter, please feel free to contact me. A copy of your complaint will remain on file for possible future reference. On behalf of the Office of Attorney General, thank you for bringing this matter to our attention. Very truly yours, IttzjitZUMLCA- 1/1"/144-4iN- Jessica A. Minnich Agent jam Enclosure 26A 14 I l p • , , 9c -ov— ,-,.. a•--)--r-er_o_er--N-- 0-tii,--: pe-y-c' "..)...itr, q ''P/I-r-7-1----"Y-- r'r-' • r'147:--;-- - rwIr-• - 0 v-t-- ___r<e\A7 pa--c)- --0 --) rv''°-175)1 70--_, --FNIrrpAo S-41-cr /44-- terr-vro '17-1-2 % -71- --Irr b-17-Nr- 11.4--- AAP 4.71 07-e. --AnzAjt-_. - --)---T,t--0-rv-y-- r'n-4)7,,,y.ii--9 14r79D d rrè9 ("7_ ,_ ,..\ ,V k' I +r"\rig-Dkr t 17,--x-or—ro•-yr J 4- 11---0 1 , 01 Q (Pr-r:r7 - PY-Ne-1 frv7 of-nr ricl:_ilv 0-P.?. rT• (\imp (--r-rw-o- 4e-116-46-- —" eThe-fi 4rv-vd.. +.T---), Mr-1W 7F--P-r}-Y- FM? ' Y---3-9 01 1,,,—„--, • -, , ,, ,—,1„4._. , p4f" ,,irs,„ _t,-,---„,- ,..„.„, , LI 4---64-D- , . 4 716n/Da dyi Vd./b0/11 101712a d/r2 / . i --/--- /-0 /0 X3'1147V C. 77r)44) I e 1 '." k 1F ' t f t �%. t 1 f f 4 ,, j i � 1. 1 f ' "''. i 1 1 i { . . , J' t, Page 1 of 1 { t a v c r-u bbee Coo f was .. 1■ /`�Y'�JIT` r a ,. .. �v � zni 1 r Y`4 z=•, a y ^� s �, rs http://web.mail.comcast.net/service/home%/?auth=co&loc=en US&id=727566&part=2 7/3/2014 Proposal R&R Roofing & Cons€rudion, Inc, 117 Walnutdale Rd., Shippensburg PA 17257 Phone (717) 532-2053 (717) 263-6024 (717) 243-4440 FAX (717) 532-6466 Email Address randrroofing@comcast.net Proposal submitted to Phone Date Robert Carbaugh (717)532-8293 5/28/2014 Street Job Name 341 East Orange Street SAME City.State.Zip Code Job Location Shippensburg,Pa.17257 RUBBER ROOF IN REAR OF HOUSE Estimator Cliff Carmack We hereby submit specifications and estimates for: NEW RUBBER ROOFING SYSTEM 1. Tarp off all sides of building, shrubs and bushes to prevent damage and collect excess debris. 2. Set up all safety equipment as per OSHA's regulations. .•tea. Remove all existing roofing material down to deck. NOTE: (REMOVE Approximately 2 LAYERS OF ROOFING AND DISPOSE OF ALL OLD MATERIALS) 4. Repair any rotten or damaged decking or rafters on a time and basis.(WITH OWNERS APPROVAL AND CONSENT) 5. Stock roof with material and distribute weight so as not to interfere with integrity of the structure. 6. Install new 1" Poli- Isco insulation Board over the entire roof deck. (Insulation to be fastened with plates and screws.) 7. Install a New Rubber Roofing System in strict accordance with manufacture's specifications and details. 8. Flash all corners, pipes, penetrations according to manufacture's specifications. --. .-19. Install new rubber up under metal roof. ,x.10. Terminate all rubber according to manufactures specifications. ',ca.11. Install new Metal edging along open perimeter at gutter edge. -'12. Strip off metal with pressure sensitive flashing. ----13. Apply lap seal all seams and flashings. 14. Clean up and haul away all debris caused by our work. 15. Provide a 10 - year warranty on all workmanship and a 10 - year Manufactures material warranty. NOTE: Roof will be dried and water tight at the end of each day.Owner to supply an access to electricity and provide inform ion concerning set-up of dump truck around building. Once work is started,it will proceed in a timely manner until the new roof is complete. ( ' .#'i WE PROPOSE hereby to furnish material and labor—complete in accordance with above specifications for the sum of: Three Thousand Six Hundred Dollars ---- -------------- xx1100 $3,600.00 — qc> (Payment:to be made as follows***112 upon acceptance of contract, balance due upon conlpletion of e# -'-7(c, 1 5- ti Authorized Signature go/ t4 4 M++h. Note:we may withdraw this proposal if not accepted within 30 days. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration of deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimated. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tornado and other necessary insurance. We will not be responsible for any dust or debris in attics as a result of removal of old roof or installation of new. We will not be responsible for small ruts in yard caused by dump trucks with owner's acknowledgement of trucks pulling in yard.Most jobs require us to pull in yards to load and unload roof. Acceptance of Proposal—The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Signature Date of acceptance • Note:All workers are covered by Workers Compensation Insurance. It is the owner's responsibility to provide all work permits needed for the job if needed. NOTE:R&R Roofing Inc and suppliers are NOT RESPONSIBLE for damage to sidewalks.lawns or driveways. R & R Roofing and Construction Inc. 117 Walnutdale Rd., Shippensburg PA 17257 Phone (717) 532-2053 (717) 530-5651 (717) 263-6024 (717) 233-5675 (717) 243-4440 Fax: (717) 532-6466 Email Address randrroofingOcomcast.net -►- INVOICE $ 2,391 .06 Description Total Invoice Date 1 July 2014 Terms Original Contract $ 3,600.00 Finance Charge Deposit $ 1,800.00 Purchase # Balance $ 1,800.00 Vendor # Extras SOLDTO: Name Robert & Christine (10) Sheets •" OSB $ 118.10 Carbaugh Address 341 E. Orange St. (8) 5/4" Deck Boards $ 65.84 City, State Shippensburg, PA. (1) 1'x6'x12' lumber $ 13.46 Zip Code 17257 (2) 2"x4"x10' $ 11.86 Phone 51b. 10(d) Nails $ 10.49 (717) 532-8293 . (1) Irvin saw blade $ 10.97 Job Address: SAME Sheet metal $ 25.00 Sales tax 67 $ 15.34 Labor eiL„. 3/32 Rebuild raters& face board 3 ./51 (2) men (2) hours $ 160.00 Sheet in roof deck (2) men (2) hours $ 160.00 Make Checks MR Roofing and As per proposal, Final $ 2,391 .06 Payable to: Construction, Inc. payment is due on day of completion. If payment is not received, interest will be accrued. PROPOSAL PROPOSAL NO. Constracters it .. '? "T Roofing & Construction PA. 48896 32'4 i'?alnut '.dale Road SHEET NO. Shippensburg PA 17257 (717 ) 477-2450 DATE 5-28-%014 PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: NAME • Robert Carbaugh ADDRESS 341 East Orange Street ADDRESS 341 Orange Street Shippensburg PA 17257 DATE OF PLANS Shippensburg P4 1775`7 PHONE NO.( 71 7) 532-8293 ARCHITECT We hereby propose to furnish the materials and perform the labor necessary for the completion of Pty-Rog back flat section of house 1 - Orange Viµ. .1 i.b.pensburg. 1 Itina >Ofs a;. 2. aniec 3. . .. _e and st f n tk 4, f74`fu: 060 ru b ,.a.rd., -ubber p rr: hot,. • oof new e .. . w7 metal edgeing. I edgeing Ack flashing. warranty on riansh ip. haul away all debr .aused to2 • All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifi- cations submitted for above work and completed in a substantial workmanlike manner for the sum of T res -"~ousand and Seven Hundrer- Dollars ($ with payments to be made as follows. One half of total contract is to be paid on signing of contract withthe remaining balance paid upon. completion of job. Respectfully submitted y_iff C_La. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order. and will become an extra charge Per over and above the estimate. All agreements contingent upon strikes, ac- cidents,or delays beyond our control. Note—This proposal may be withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature ;` L Date Signature .den. NC 3818-50 PROPOSAL MADE IN USA page 1of1 ()\-3(1) kobe. nam �,. ^:.` •, *`� - 77: • .. '� 'r r � "m' '117- ,. .� ., ,:m,' Avg: ' � '� ��K� �� � �'•,� .���,. '�,. http://w mail.com .net/service/home/-/?auth=co&loc=en US&id=727557&part=2 7/3/2014 Page 1 of 1 Lc Ct_S Yle ve.t - I&C'E' t IL-4°411 Q— r 4r3a Jig fiAllir' 1110jIte +s--b kens m&A;. ` ` sb$ +l ,,_ 4iir h'%1ti Wit./iru g�� • x 'P asna5 : � r a tt atf."V'04,-4:*-5fAtig0.,,A"-- C'3-):::-'-.'=:',.??4,4°''r...,..,,',4,:a'-'00-='-.T4P:1:','Q4'4-V-1;!•::..,..4:,,-:,i3tg%f::::=*at?','itk .:ifego.,,,.,ci;iri.:_,..,,:,,,,,,„,„0„. + ti _r` s r °' ;`, Z-t _ u.§v. y: 4a a v . http://web.mail.comcast.net/service/home/'-/?auth=co&loc=en US&id=727550&part=2 7/3/2014 SHARPE & SHARPE, LLP ATTORNEYS AT LAW 257 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert Carbaugh, Jr., Plaintiff v. Dean's Roofing, Defendant Civil Action No. 14-5596 Judge: r•"21 - DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT NOW COME the Defendant, Dean's Roofing, by and through their counsel, Sharpe & Sharpe, LLP and file the following preliminary objections to the Complaint of Robert Carbaugh, Jr. INPROPER FORM OF A COMPLAINT 1. Plaintiff fails to include a proper caption in his complaint as required by Pa.R.C.P. 1018. 2. Plaintiff fails to include a proper Notice to Defend in his complaint as required by Pa.R.C.P. 1018.1(a). 3. Plaintiff fails to include a Claim for Relief and specify relief sought in his complaint as required by Pa.R.C.P. 1021. 4. Plaintiff fails to organize his Complaint into numbered paragraphs as required by Pa.R.C.P. 1022. .r SHARPE & SHARPE, LLP ATTORNEYS AT LAW 257 Lincoln Way East Chambersburg, PA 17201 (717) 263.8447 5. Plaintiff fails to sign and attach a Verification to his Complaint as required by Pa.R.C.P. 1024. 6. Plaintiff has filed a complaint with a complete disregard to proper form as required under Pennsylvania Rules of Civil Procedure by failing to first research said rules to ensure his complaint may be appropriately answered. Defendant believes and therefore avers that this was done so intentionally to confuse Defendant and force Defendant to incur further court costs and legal fees to appropriately respond. Defendant believes and therefore avers that Plaintiff's filing of this complaint is arbitrary, vexatious and in bad faith. WHEREFORE, Defendant requests that the Complaint be dismissed at Plaintiffs sole cost and that defendant be awarded attorney's fees pursuant to 42 Pa.C.S.A. §2503(9), or that Plaintiff be required to submit to the Court a complaint that conforms with the Pennsylvania Rules of Civil Procedure in their entirety. INSUFFICIENT SPECIFICITY IN PLEADINGS 7. The averments of paragraph 1 through 6 above are hereby incorporated herein by reference. 8. Plaintiff's Complaint fails to sufficiently specify facts that are essential in determining whether Plaintiff has a claim. 9. Plaintiff's Complaint fails to allege to what extent he is harmed and what damages he is alleging are attributable to Defendant. 10. Plaintiff fails to state the terms of the alleged agreement under which Plaintiff appears to be claiming and whether the alleged guarantee was part of a written or oral agreement as required by Pa.R.C.P. 1019(h). 11. Plaintiff fails to state any facts supporting his conclusion that Defendant offered Plaintiff the alleged guarantee and that Plaintiff's issue was covered under said guarantee. WHEREFORE, Defendant requests that the Complaint be dismissed at Plaintiffs sole cost or that Plaintiff be required submit an Amended Complaint with sufficient specificity to allow for a proper Answer. Date: October 20, 2014 SHARPE & SHARPE, LLP ATTORNEYS AT LAW 257 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447 SHARPE & SHARPE, LLP By Lawrence R."Rife IV 257 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447 Sup. Ct. I.D. No. 312976 CERTIFICATE OF SERVICE I hereby certify that this 10 th day of October, 2014, I have served a copy of the foregoing instrument upon the following person(s) by forwarding the same by first class, United States mail, postage pre -paid, addressed as follows: Robert Carbaugh, Jr. 341E Orange St. Shippensburg, Pa 17257 Lawrenc R. Rife IV, Esq. SHARPE & SHARPE, LLP ATTORNEYS AT LAW 257 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447