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HomeMy WebLinkAbout14-5639 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM CUMBERLAND MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. &- 56-3 / el,�IZ-. 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 Premier Siding & Roofing of PA, LLC, David Myers MDJ-09-2-01 Honorable Paul M. Fegley ADDRESS OF APPELLANT CITY STATE ZIP CODE 152 South Hanover Street Carlisle PA 17013 DATE OF JUDGMENT IN THE CASE OF(Plainiif) (Defendant)' September 2, 2014 Gina Henley v5 Premier Siding & Roofing of PA, LLC, Davidd DOCKET No. SIGNATUR P ELLANT OR ATTOR OR AGENT MJ-09201 -CV-0000057-2014 This block will be signed ONLY when this notation is required under Pa. If ap ellant was Claimant (see 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 Dist ' udge, 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 Gina Henley appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 5p.7�' 6 /G )within twenty(20)days after service of rule or suffer entry of judgment of non pros. natu of appellant or attorney or agent RULE: To Gina Henley 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Dater .3 20 A/ 4e-aa Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. al Wa ,SNN]d 4115:5-0 d A tt( AOPC 312-05 t,l NA 3 o N v. I �a�l��o' � ZvckNr '0 .� 114 201 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript SEP 111Civi( COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-2-01 Gina Henley MDJ Name: Honorable Paul M Fegley V. Address: 2260 Spring Road, Suite 3 Premier Siding & Roofing of PA, LLC, David Carlisle, PA 17013 Myers Telephone: 717-218-5250 Matthew Werner, Esq. Docket No: MJ-09201-CV-0000057-2014 Daley Zucker ET AL Case Filed: 6/18/2014 635 N 12TH St Ste 101 Lemoyne,PA 17043 Disposition Summary (cc-Cross complaint) Docket No Plaintiff Defendant Disposition Disnosition Date MJ-09201-CV-0000057-2014 Gina Henley Premier Siding&Roofing of PA, Judgment for Plaintiff 09/02/2014 LLC MJ-09201-CV-0000057-2014 Gina Henley David Myers Judgment for Plaintiff 09/02/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount David. Myers $7,889.90 $0.00 $7,889.90 Gina Henley $0.00 $0.00 $0.00 Premier Siding&Roofing of PA,LLC $7,889.90 $0.00 $7,889.90 Judgment Finding ('PostJudgment) In the matter of Gina Henley vs. Premier Siding& Roofing of PA, LLC; David Myers on MJ-09201-CV-0000057-2014, on 9/02/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $7,700.00 $0.00 $7,700.00 Filing Fees $189.90 $0.00 $189.90 Grand Total: $7,889.90 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. Date Magisterial District Judge Paul M Fegley fs 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:09/02/2014 2:44:41 PM ' • s Gina Henley Docket No.: MJ-09201-CV-0000057-2014 V. - Premier Siding & Roofing of PA, LLC, David Myers + ' t �A/ Participant List Private(s) Matthew Werner, Esq. Daley Zucker ET AL •635 N 12TH St Ste 101 Lemoyne, PA 17043 Plaintiff(s) Gina'Henley 126 Briar Patch Drive Carlisle, PA 17015 Defendant(s) David Myers 152 S. Hanover St. Carlisle, PA 17013 , Premier Siding&Roofing of PA, LLC .• — 152 S. Hanover St Carlisle, PA 17013 � r MDJS 315 Page 2 of 2 Printed:09/02/2014 2:44:41 PM Patricia Carey Zucker, Esquire DALEY ZUCKER MEILTON & MINER, LLC Attorney I.D. No. 37334 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 pzucker@dzmmlaw.com 4 THE PROTH©NOTt 2014SEP 2S 41411: 6 CUMBE PENrNS YLV COUNTY A �a Premier Siding & Roofing of PA, LLC, David Myers v. Gina Henley, Appellants, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 2014-5639 (CIVIL) PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW comes Patricia Carey Zucker, Esquire and Daley Zucker Meilton & Miner, LLC ("DZMM") and respectfully represents: 1. The Petitioners are Patricia Carey Zucker, Esquire and DZMM, counsel to the Appellants in this action. 2. On or about August 1, 2014, Appellants' counsel entered their appearance on behalf of Appellants in a Magisterial District Court action before the Honorable Paul M. Fegley, Docket No. MJ -09201 -CV -0000057-2014, against the above Appellee filed in Cumberland County, Pennsylvania. 3. Counsel for Appellants has attempted to contact her clients over a period of several weeks, both by phone as well as by email and correspondence, to develop a defense for this action and establish witnesses for trial; however Appellants have not responded to any of these attempts of contact since August 23, 2014. Additionally, while Petitioners were able to obtain a tentative continuance of the Magisterial District Court Hearing scheduled for September 2, 2014, Appellants did not respond to any attempts by Petitioners to schedule a substitute hearing date. As a result, the Hearing was held and judgment entered in favor of Appellee. 4. Petitioners are unable to prepare a defense of the litigation since the Appellants refused to respond to numerous requests by Petitioners for information and direction. 5. Petitioners are unable to represent this matter before the Court, as Appellants refuse to communicate or provide information to Petitioner, which is essential for Petitioners to proceed on behalf of the Appellants and make proper representations to the Court. 6. Therefore, under Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct, good cause exists for Petitioners' withdrawal of appearance in this case. 7. As a result of the above stated concerns, which demonstrate good cause for Petitioners' request, Petitioners accordingly request permission to withdraw as counsel for Appellants in this matter. WHEREFORE, based upon Appellants' refusing to contact or discuss their case or communicate with their counsel, Appellants' counsel respectfully requests that her Petition to Withdraw as Counsel be granted. Date: B Respectfully submitted, DALEY ZUCKER MEILTON & MINER, LLC atricia Care; Zucker, Esquire Attorney N . 3733 Matthew B. . - er, Esquire Attorney No. 313499 635 N. 12th St., Suite 101 Lemoyne, PA 17043 VERIFICATION Upon my personal knowledge, information and belief, I, Patricia Carey Zucker, Esquire, do hereby verify that the facts averred and statements made in the foregoing Petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Bv: Premier Siding & Roofing of PA, LLC, : IN THE COURT OF COMMON PLEAS OF David Myers : CUMBERLAND COUNTY, PENNSYLVANIA v. Gina Henley, Appellants, Appellee : Docket No. 2014-5639 (CIVIL) CERTIFICATE OF SERVICE I, Patricia Carey Zucker, Esquire, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Petition For Leave to Withdraw as Counsel, on the following by First Class, U.S. Mail: Premier Siding & Roofing of PA, LLC 152 S. Hanover Street Carlisle, PA 17013 David Myers 152 S. Hanover Street Carlisle, PA 17013 Gina Henley 126 Briar Patch Drive Carlisle, PA 17015 Date: Bv: r ! Carey cker, C quire HALEY ZUC, ER MEILTON & IN -- , LLC 635 N. 12th St., uite 101 Lemoyne, PA 17043 (717) 724-9821 pzucker@dzmmlaw.com CIF THE PROrHoNorAki, 20/4 SEP 30 CLINBERLAt,ID PENNS COUNT' V 1% YLVA NIA 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 AFFIDAVIT: I hereby (swear) (affirm) that I served ss a copy of the Notice of Appeal, Common Pleas (date of service) Sept. 23 • 20 14 senders receipt attached hereto, and upon the Sept. 23 20 14 play personal servicep senders receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 29 DAY OF September , 20 14 Signa official beforeo affidavit was made KO Title of oal My commission expires on Mg, 20 16 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Janet M. Fisher, Notary Public Lemoyne Boro, Cumberland County My Commission Expires Oct. 19, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES AOPC 312A - 05 No. 14-5639 , upon the Magisterial District Judge designated therein on El by personal service Ei by (certified) (registered) mail, appellee, (name) on by (certified) (registered) mail, U.S. Postal Servicerr:, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ClQL USE NEM $2.70 $0.00 s. 4L4 49 1I Her. 09! 014 ,�z I d Z SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that We can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 14onG PcLUl m.\=e‘ey aa,GCS, SPC -1C\ Roc C ami r s\ e ( 7-o ? COMPLETE THIS SECTION ON DELIVERY A. Signature X dd nt 0 Addressee C. Date of Delivery 9 d `1 —` D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ified Mall /❑ Registered ❑ Insured Mail O Express Mail ❑ Return Receipt for Merchandise ❑ C.O:D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Manger from service laben . __ _y ___ -�� 0 4 2890 0001 3 910 6585 .• .. PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Servicen, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comv rR Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postage Certified Fee CT" ru Total Postage & Fees Sent To c $0.49 $3.30 • $2 10Y' ici)7 t!Js 0011 08 :Thestmark Here City, State, ZiP+4c PS Form 3800. June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: lg Gr;c,c c,--Gs\e, FA r7o5- COMPLETE THIS SECTION ON DELIVERY A. Signe ure X 0 Agent 0 Addre C. Date of Delivery D. Is delivery add ; diffe m item 0 Yes If YES, enter delivery address below: 0 No . Service Type )(Certified Mall o Registered Di insured Mall Gi Express Mall o Retum Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Transfer from service labe9 7004 2890 0001 3910 7148 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Patricia Carey Zucker, Esquire DALEY ZUCKER MEILTON & MINER, LLC Attorney I.D. No. 37334 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 pzucker@dzmmlaw.com ; ILED-OFFICE OF THE PROTHONOTARY 2014 OCT -9 PH 2; 39 CUMBERLAND COUNTY PENNSYLVANIA Premier Siding & Roofing of PA, LLC, David Myers V. Gina Henley, Appellants, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • : Docket No. 2014-5639 : (CIVIL) RULE TO SHOW CAUSE AND NOW, this ?e3C day of 6.C.Zi:ZGe-,c) 2014, upon consideration of the attached Petition for Leave to Withdraw as Counsel, a Rule to Show Cause is served upon David Myers and Premier Siding and Roofing of PA, LLC, and Appellee Gina Henley, to show cause, if any, as to why this Petition should not be granted. Rule returnable .,?() days from service. All proceedings to stay meanwhile. BY THE COURT: Djswibution acia Carey Zucker, Esquire, Daley Zucker Meilton & Miner, LLC, 635 N. 12th Street, Lemoyne, PA 17043 spier Siding and Roofing of PA, LLC, 152 S. Hanover Street, Carlisle, PA 17013 Myers, 152 S. Hanover Street, Carlisle, PA 17013 ma Henley, 126 Briar Patch Drive, Carlisle, PA 17015 022.;LExi /0 9fty „ri Patricia Carey Zucker, Esquire DALEY ZUCKER MEILTON & MINER, LLC Attorney I.D. No. 37334 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 pzucker@dzmmlaw.com ILE 0- OFF,' CE OF THE: PROTHONOTAr: 2014 SEP 25 AN 11: CUMBERLAND PENCOUNTY NSYLVA N 14 Premier Siding & Roofing of PA, LLC, David Myers V. Gina Henley, Appellants, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 2014-5639 (CIVIL) PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW comes Patricia Carey Zucker, Esquire and Daley Zucker Meilton & Miner, LLC ("DZMM") and respectfully represents: 1 The Petitioners are Patricia Carey Zucker, Esquire and DZMM, counsel to the Appellants in this action. 2. On or about August 1, 2014, Appellants' counsel entered their appearance on behalf of Appellants in a Magisterial District Court action before the Honorable Paul M. Fegley, Docket No. MJ -09201 -CV -0000057-2014, against the above Appellee filed in Cumberland County, Pennsylvania. 3. Counsel for Appellants has attempted to contact her clients over a period of several weeks, both by phone as well as by email and correspondence, to develop a defense for this action and establish witnesses for trial; however Appellants have not responded to any of these attempts of contact since August 23, 2014. Additionally, while Petitioners were able to obtain a tentative continuance of the Magisterial District Court Hearing scheduled for September 2, 2014, Appellants did not respond to any attempts by Petitioners to schedule a substitute hearing date. As a result, the Hearing was held and judgment entered in favor of Appellee. 4. Petitioners are unable to prepare a defense of the litigation since the Appellants refused to respond to numerous requests by Petitioners for information and direction. 5. Petitioners are unable to represent this matter before the Court, as Appellants refuse to communicate or provide information to Petitioner, which is essential for Petitioners to proceed on behalf of the Appellants and make proper representations to the Court. 6. Therefore, under Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct, good cause exists for Petitioners' withdrawal of appearance in this case. 7. As a result of the above stated concerns, which demonstrate good cause for Petitioners' request, Petitioners accordingly request permission to withdraw as counsel for Appellants in this matter. WHEREFORE, based upon Appellants' refusing to contact or discuss their case or communicate with their counsel, Appellants' counsel respectfully requests that her Petition to Withdraw as Counsel be granted. Date: By: Respectfully submitted, DALEY ZUCKER MEILTON & MINER, LLC atricia Care; Zucker, Esquire Attorney N Matthew B. er, Esquire Attorney No. 313499 635 N. 12th St., Suite 101 Lemoyne, PA 17043 VERIFICATION Upon my personal knowledge, information and belief, I, Patricia Carey Zucker, Esquire, do hereby verify that the facts averred and statements made in the foregoing Petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Bv: cm Carey Z - : squire Premier Siding & Roofing of PA, LLC, : IN THE COURT OF COMMON PLEAS OF David Myers : CUMBERLAND COUNTY, PENNSYLVANIA v. Gina Henley, Appellants, Appellee : Docket No. 2014-5639 (CIVIL) CERTIFICATE OF SERVICE I, Patricia Carey Zucker, Esquire, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Petition For Leave to Withdraw as Counsel, on the following by First Class, U.S. Mail: Premier Siding & Roofing of PA, LLC 152 S. Hanover Street Carlisle, PA 17013 David Myers 152 S. Hanover Street Carlisle, PA 17013 Gina Henley 126 Briar Patch Drive Carlisle, PA 17015 Date: By: Carey ALEY ZUC MEILTON & 635 N. 12th St., Lemoyne, PA 17043 (717) 724-9821 pzucker@dzmmlaw.com Gina N. Henley 126 Briar Patch Dr. Carlisle, PA 17015 ginahenley@yahoo.com F1LED-OFFICE OF THE PROTHONOTARY 2014 OCT 11+ PH 3: Q8 CUMBERLAND COUNTY PENNSYLVANIA Gina N. Henley Plaintiff v. Premier Siding & Roofing of PA, LLC, David Myers Defendant : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA • : Docket No. 2014-5639 (CIVIL) COMPLAINT AND NOW, comes Plaintiff, Gina N. Henley , and files this complaint against the Defendant for the following reasons. 1. Plantiff, Gina N. Henley, residing at 126 Briar Patch Drive, Carlisle, PA 17015 (hereinafter the "Residence"). 2. Defendant, Premier Siding and Roofing of PA, LLC is a limited liability company organized under the laws of the Commonwealth of Pennsylvania with a registered business address of 152 South Hanover Street, Carlisle, PA 17013. 3. Defendant, David Myers, Owner of Premier Siding and Roofing of PA, LLC with a business address of 153 South Hanover Street, Carlisle, PA 17013. 4. On or about November 29, 2011, the parties executed a certain written agreement for the repair of hail damage to the Residence. A true and correct copy of the agreement is attached herein as Exhibit "A." ,• COUNT I Breach of Contract 5. Plaintiff hereby incorporates Paragraph 1 through 4 of this Complaint as if set for in full herein. 6. Defendant has not fulfilled the provisions of the agreement. 7. Defendant has wholly neglected to do and perform certain things, which were expressly or by necessary implication required to be done and performed by agreement as follows: (a) failing to install correct color of shingle, documented at Exhibit "B" (b) failing to properly install ridge material to protect from weather, documented as Exhibit "C" (c) failing to obtain written change order signed by the owner and contractor as per Home Improvement Consumer Protection Act, 73 P.S. § 517.1, et seq 8. Defendant failed and refused to cure the aforesaid breaches despite Plaintiffs repeated requests. 9. Plaintiff has obtained repair proposal from Strickland Brothers Construction, LLC and has attached hereto as Exhibit "D" COUNT II Unfair Trade Practices and Consumer Protection Law 10. Plaintiff hereby incorporates Paragraphs 1 through 9 of this Complaint as if set for in full herein. 11. Defendant is governed in part by the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq. (hereinafter the "Act"). 12. Defendant violated the Act, among other things, in the following ways: (a) failing to include Defendants registration number on written contract (b) failing to include the approximate start date and completion date (c) failing to obtain a written change order signed by the Plaintiff and Defendant (d) failing to include the names, address, and telephone numbers of all subcontractors known at the time of signing the contract (e) failing to provide entire agreement specifications to include all required notices 13. The cost to remedy the aforesaid breaches to the residence is $7,700. WHEREFORE. Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant for $7,700, plus costs of this action and any other relief as this Court deems just and reasonable. Respectfully submitted, Gina N. Henley VERIFICATION Upon my personal knowledge, information and belief, I, Gina Nicole Henley, do herby verify that the facts averred and statements made in the forgoing Complaint are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa. C.S.A §4904 relating to unsworn falsification to authorities. Date: lb l! 3 l ZD )'7 By: Gina Nicole Henley Gina N. Henley Plaintiff v. : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 2014-5639 Premier Siding & Roofing of PA, LLC, (CIVIL) David Myers Defendant CERTIFICATE OF SERVICE I, Gina Nicole Henley, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Complaint to the following by First Class, U.S. Mail: Premier Siding & Roofing of PA, LLC 152 S. Hanover Street Carlisle, PA 17013 David Myers 152 S. Hanover Street Carlisle, PA 17013 Patricia Carey Zucker, Esquire DALEY ZUCKER MEILTON & MINER, LLC 635 N. 12th St., Suite 101 Leymone, PA 17043 Date: (0 / /Li ) 20 By: Gina Nicole Hen ey Postal CERTIFIED MAIL. RECEIPT (Domestic Mail Only;LNo.Insurance,Coverag ` ) For*delivery+informationvi§It ou wr e6sife at www risasro 7014 0510 0002 3750 0339 Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postm- Here ry Sent To Street, Apt. No.; or PO Box No. f jz_5. 6'11026( - City, State, ZIP+4 c>r PS Form 3800 August 2006 R. (76i •) S O m - 1 AIM; RECEIPT - Mail OnlypNo Insurance Covera eProvided) RF,or deirvery inntormatio Kiisit our�web`site at www,usps,come (Domestic POStana e 7014 0510 0002 375(02 Pos _r(\ Here -15 Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To $ -1J (1l t'rL�{Nllfr--SCi`j.l Street, Apt. No; orPOBoxNo. J 7F 5 City, State, ZIP+4 (;rll PS Form 3800, August 2006 1'7Cil Postal RECEIPT (Domestic Mail Only; No Insurance CoveragePravided) Prmtana. I $ Q.F9 7014 0510 0002 Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To _cy ZUC�ir--� Sweet � No.; r- f- or or PO Box No. (T AL. 7 t City, State, ZIP+4 37 15, Postmark �� C Here Cn cw; 'PC DJ'% $ P..S--orm 3800 August 2006 n See Reverse fo Instr ction • tiVA- /fee- iqq exti. bi 1 1 Siding and Roofing of PA, LLC 152 Saiath Hanover Street, Carlisle, PA, 17013 www.premiersidingrooftng.com (717) 609-1971 (OFFICE) 1.St NCE RECOVERY AGREEMENT DATE: I t ?orf CUSTOMER CODE: Bi.YERIS): ' IR Wei /AY ADDRESS: f .Zt &AU,' Ci tis"/tr • STATE: #04 ZIP CODE /71/5 HOME PHONE: 7241 /666-NOWORK PHONE This Agreement is subject to Insurance Company Approval (Any Condonation of the j •.at d na.e i. is descipdon appearing on a separate document shall be incorporated into ►his s - -• ROOF: Grade of Shingle: Style of SPECIFICATIONS Aimfd gjin Color of Shingle: ear OTI � Yes No = of lave s Wallaa 5 -Ib Felt :30 -ib Felt SIDING: T. T. &and:'�r t t ,75 A C.i1.i'S. :r/rtCy.. Style: = Color: e Panel Width: 4" : 4'/_ S° -6'/ Panel Profile: = Dutchlap f_ Stnaightlap = Beaded OTHER: Replace G&D's: = S 6 Color. Remove & Reinstall G&D's Replace shutters: _ Louvered r Raised Panel :-Color Remove & Reinstall Shutters = Replace Cmblc Vents) = Yes _ No Qty- - Square :: Round = Triangular Color Special Instructions: Ice -t +4.frr— sur//d e vent- a�NI.7/ T e...._. Ti_s A_ : n -..n_ does -not obligate you, the homeowner, or Premier Siding & Roofing of PA. LLC. unless ii is approv >r_=_fkRcofngofPA. LLC By signinethisA Cemgrt,}rouauthorizc Premier & Roofing ofRA_ LLC _.:,.. _ .-_._.-. Premier Sidine & Roofine of PA. LLC without any cost to you =cep. for pair insurance deductible.Zp_ _ —✓ _ < PA. LLC «; -Iota- behalf and approved by your insurance company for additional work or cast increas s n$f some. ppy- A ou and not approved by your insurance company, will be your'liinancial responsibility and is a i; WITNESS nF Buy clalowledge receipt of completed copy of this Agreement on the day and year writtem rgas; scram: see; da ted rn rhe front and back of this Agreement PAYMENT SCHEDUL£ Agreement Amount: S Supplement: S °. Overhead & Profit: S -- •-••' Total Contract Price: S..jO, 0 PLEASE MAKE ALL CHECKS PAN -ABLE TO: PREMIER SIDING & ROOFING OF P?- -% - Deposit Due Upon Insurance Coma-* f_ f -- .- Paid D2te:2)400Zlr 6-06 _ Via';.'.. Second Payment Due l?pon Deliver-: O: i; Paid Date: CKr Balance Due Upon Conalezie . Paid DateZA CK4 /8 Z _ BALANCE cr-d-,4 _ "_, Acknowledgment All cheeks issued by the insurance and'or 3.tsjs C...r:: -. for herein f- -_:,_`• °. payment the services provided sh_fi Premier Siding& Roofing of PA. LLC as:�ti_. -- •-••' Customer's Initials - Premier Siding & Roofing of P,4.. -LLC -% - % 4? `! •fir,. L Approved' � - D�-e: ar • Zt' ?4E( Accepted by Premier •,." ?" & Rot, a ^f ? 3 LLC oa Date: By - -- Page 1 of 1 So iect: Fre. Estimate From: Gina Henley (ginahenley@yahoo com) To: MelanieMyersPSR@yahoo.corn; Date: Saturday, February 1, 2014 12:22 AM On Wednesday, November 30, 2011 7:09 PM, Gina Henley <ginahenley@yahoo.com> wrote: Caleb, Attached is the estimate. Sony for the delay. I will leave the sample book by the door again. If you can't match the color of the current roof, we will just go with charcoal. I am not sure if you will need to contact the insurance company for anything, but if so, the number is 1-800-531-8722. Our claim number is 019410665. It is the same as our member number if they ask for that too. Thanks so much! Gina https://us-mg4.mail.vahoo.com/neo/launch?.rand=71 binonro7n©7 3/24/2014 tit* , , - i • ,t;fr, fitt 0 0 , t r Eli • .1::6,a,'Arl, : 111 ' AA. A . i ' s r.:c * til''' hoT ; 174 "co xhrbs Dtt PA Attorney General ;# 7404 PROPOSAL Stric Brothers Construction L.L.C. & Roofing PROPOSAL SUBMI I I tO TO / / j 1y 11� .NGS /2 g,1( CrTY, STATE and ZIP CODE O tfte {04 1.70 DATE OF PLANS STREET 623 Creek Road Carlisle, PA 17013 (717) 226-4781 (717) 226-4779 PHONE 349 1 'f27 DATE _so 31 JOB NAME ARCHITECT JOB LOCATION JOB PHONE' Project: We hereby submit specifications and estimates fon 1. Tarp off all sides of building, shrubs and bushes to prevent damage and collect excess debris. 2. Remove existing roofing down to the deck. 3. Install New ice and water shield in valleys and eaves. 4. Install Synthetic Vapor Barrier. 5. Install New aluminum dri around entire perimeter of the roof. 6. Install New GAF/ EL yr. architectural shingles in homeowners choice of color, using 5 nails per shingle, according to manufacturer's specifications and details. 7. Install New step, counter, pipe and chimney flashing, where needed. Install New vent along peak of roof 9. Sweep all debris off of the new roof. 10. Clean all debris out of the gutters. 11. Clean up and haul away all debris caused by our work. 12. Magnetically sweep for any nails or screws. 13. Provide a 5 year warranty on all workmanship. NOTE: Roof will be dried and water tight at theend of each day. Owner to supply an access to electricity and provide information concerning set-up of dump cart around building. Once work starts, it will proceed in a timely manner until the new roof is complete. We hereby propose to furnish material and labor, complete in accordance with above specifications, for the r700 sum of dollars ($ Payment to be made as follows: 25% Before Job Begins =ri= Remaining Balance Due at Completion of Job. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications involving extra costs will be executed upon written 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 carry fire, tornado and other necessary :insurance s` - l -774 Notes: This proposal v be withdraw by us if s' not accepted within 1 days. Acceptance of Proposal- The above prices spec' cations an con di= cions are satisfactory and are hereby accepted. You are authorized to do the work as specified, payment will be made as outlined above. Signature Date of Acceptance Signature Patricia Carey Zucker, Esquire DALEY ZUCKER MEILTON & MINER, LLC Attorney I.D. No. 37334 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 pzucker@dzmmlaw.com f. SSU u 1ItR9i Via,► l= 20 FLkil1) COUNiv —e. )_ tet •t1 j£r., Premier Siding & Roofing of PA, LLC, : IN THE COURT OF COMMON PLEAS OF David Myers Appellants, v. : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 2014-5639 Gina Henley, : (CIVIL) Appellee MOTION TO MAKE RULE ABSOLUTE This Motion of Patricia Carey Zucker, Esquire, and Daley Zucker Meilton & Miner, LLC, respectfully represents: 1. The Movants are Patricia Carey Zucker, Esquire, and Daley Zucker Meilton & Miner, LLC, who are presently counsel of record for Appellants, Premier Siding & Roofing of PA, LLC and David Myers, in the above -captioned matter. 2. On September 25, 2014, Movants filed a Petition to Withdraw as Counsel in the above -captioned matter. 4. The Honorable Christylee L. Peck issued a Rule to Show Cause regarding said Petition on October 9, 2014 directed to David Myers and Premier Siding and Roofing of PA, LLC and Appellee Gina Henley, returnable twenty (20) days from service. 6. No response objecting to the Petition to Withdraw as Counsel has been filed by any party. 7. The allotted time frame within which any party could respond has now elapsed. WHEREFORE, Movants Patricia Carey Zucker, Esquire, and Daley Zucker Meilton & Miner, LLC, respectfully request this Honorable Court make the Rule Absolute and thereby grant Movants leave to Withdraw as Counsel for Appellants, Premier Siding & Roofing of PA, LLC and David Myers, in this matter. Date: Bv• Respectfully submitted, DALEY ZUCKER MEILTON & MINER, LLC Carey Zucke , Esquir Attorney I.D. No. 334 635 N. 12th Street, Suite 10 Lemoyne, Pennsy van' • 7043 Telephone: (717) 724-9821 pzucker@dzmmlaw.com VERIFICATION Upon my personal knowledge, information and belief, I, Patricia Carey Zucker, Esquire, do hereby verify that the facts averred and statements made in the foregoing Motion are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. Date: t2j ! y Premier Siding & Roofing of PA, LLC, : IN THE COURT OF COMMON PLEAS OF David Myers : CUMBERLAND COUNTY, PENNSYLVANIA v. Gina Henley, Appellants, Appellee : Docket No. 2014-5639 (CIVIL) CERTIFICATE OF SERVICE I, Patricia Carey Zucker, Esquire, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Motion to Make Rule Absolute, on the following by First Class, U.S. Mail: Premier Siding & Roofing of PA, LLC 152 S. Hanover Street Carlisle, PA 17013 David Myers 152 S. Hanover Street Carlisle, PA 17013 Gina Henley 126 Briar Patch Drive Carlisle, PA 17015 Date: I' ?j' ( By: ;4 / ri P is Carey Z i uire DALEY ZUC MEILTON & ", LLC 635 N. 12th St , to 101 Lemoyne, PA 17043 (717) 724-9821 pzucker@dzmmlaw.com cker, Es R IN S Premier Siding & Roofing of PA, LLC, : IN THE COURT OF COMMON PLEAS OF David Myers : CUMBERLAND COUNTY, PENNSYLVANIA Appellants, V. C' t ~} c 41 : Docket No. 2014-5639 -0p -r; Gina Henley, (CIVIL) = 7j' Appellee c.) . `: G • .., t ORDERIN ;k.;. AND NOW, this loit day of1G7 tiioA/ 2014, upon consideration of the Petition for Leave to Withdraw as Counsel, it is hereby ORDERED and DECREED that Patricia Carey Zucker, Esquire, and Daley Zucker Meilton & Miner, LLC, are granted leave to withdraw as counsel of record for Appellants, Premier Siding & Roofing of PA, LLC and David Myers, in the above -captioned matter. BY THE COURT: J. 9 Distribution Patricia Carey Zucker, Esquire, Daley Zucker Meilton & Miner, LLC, 635 N. 12th Street, Lemoyne, PA 17043 Premier Siding and Roofing of PA, LLC, 152 S. Hanover Street, Carlisle, PA 17013 David Myers, 152 S. Hanover Street, Carlisle, PA 17013 Gina Henley, 126 Briar Patch Drive, Carlisle, PA 17015 Co 1'Qs ,02:2.11 ,