HomeMy WebLinkAbout05-2047MARLIN FISHER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS (
CUMBERLAND COUNTY, PENNSYLV.
RONALD SEESE and CIVIL ACTION -LAW
LARRY ADAMS d/b/a
A&S ROOFING, n
Defendants NO. DS - aC??j 7 l?! (, £
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth
following pages, you must take action within twenty (20) days after this complaint and
served, by entering a written appearance personally or by attorney and filing in writing
the
are
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 bt the
Court without further notice for any money claimed in the complaint or for any other clai#n or
relief requested by the Plaintiff. You may loose money or property or other rights import# to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABL TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE AL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
MARLIN FISHER, IN THE COURT OF COMMON PLEAS (
Plaintiff CUMBERLAND COUNTY, PENNSYLV
vs.
RONALD SEESE and CIVIL ACTION - LAW
LARRY ADAMS d/b/a
A&S ROOFING, /
Defendants NO. 03 - abv7 01u L l
COMPLAINT
1. Plaintiff, Marlin Fisher, is an adult individual who resides at 80 Stone Church
Carlisle, Cumberland County, Pennsylvania.
2. Defendant, Ronald Seese (hereinafter "Seese"), is an adult individual with a
address of R.R. 2, Box 65, Loysville, Pennsylvania 17047.
3. Defendant, Larry Adams (hereinafter "Adams"), is an adult individual who
3430 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania.
4. Defendants, Seese and Adams, during the time period in question were
business as A&S Roofing, which has not been incorporated or registered
fictitious name.
5. On or about March 23, 2004, Plaintiff and Defendants entered into a contract
sale of windows for Plaintiffs house, a copy of the written contract is attached
and incorporated herein by reference as Exhibit "A."
6. Per the terms of the contract, Plaintiff was to pay to Defendants $11,285.00
down payment and an additional $4,000.00 when the windows were delivered.
7. The time frame for delivery for the windows was to be four to five weeks.
8. On or about March 23, 2004, Plaintiff wrote a check to A&S Roofing in the
at
a
the
a
of $11,285.00. This check was delivered to Defendants.
9. Defendants cashed the check from Plaintiff.
10. Defendants have at all times since the entry of this contract to present date failed to
deliver any goods to Plaintiff.
11. Plaintiff has requested the return of his down payment due to Defendants' fail4re to
perform on the contract. However, Defendants have, to present, failed to returf any
funds to Plaintiff.
12. On or about October 19, 2004, Plaintiff, through his counsel, sent a demand lever to
Defendants requesting that the amount of their down payment be returned to
13. Defendant, Adams, contacted Plaintiff's counsel and denied any liability onj
claim.
14, Defendant, Seese, did not have any contact with Plaintiffs counsel.
15. The preceeding transactions took place at Plaintiff's residence. Plaintiff was
provided with notice of the right of rescission required by the unfair trade
this
and consumer protection law (73 P.S. § 201-1 et. seq., and more specifically, 73 F.S.
§ 201-7).
16. Plaintiff notified Defendant that the contract was rescinded by
Plaintiffs counsel dated March 8, 2005.
COUNTI
BREACH OF CONTRACT
17. Paragraphs 1 through 16 are incorporated herein by reference as if set forth in
full text.
18. Plaintiff and Defendant entered into a contract whereby Defendants were to
Plaintiff with windows in exchange for a down payment of $11,285.00 and
to
additional $4,000.00 to be paid when the windows were delivered.
19. Plaintiff paid the down payment of $11,285.00.
20. Defendants breached the contact by failing to deliver the windows to Plaintiff.
21. As a result of Defendants' breach of this contract, Plaintiff suffered damages in the
amount of $11,285.00.
WHEREFORE, Plaintiff demands judgment in the amount of $11,285.00 for
suffered due to Defendants' breach of contract.
COUNT 11
VIOLATIONS OF
UNFAIR TRADE PRACTICES
AND CONSUMER PROTECTION LAW
22. Paragraphs 1 through 21 are incorporated herein as if set forth in their full text.
23. The purchase of the windows was for personal family or household purposes.
24. Defendants' failure to return Plaintiff's down payment and to deliver any good as
per the terms of the contract resulted in an ascertainable loss of money to Plaintiff in
the amount of $11,285.00, as well as legal fees in pursuing this claim.
25. Defendants' contract noted that the windows would be delivered in
four to five weeks. It has now been over seven months and no windows have
delivered. The contract further specifically notes that "all material is guarantee4 to
be as specified." As such, the delivery date is guaranteed to be within four to
weeks subject to possible reasonable delays beyond the control of Defendants.
26. Defendants' failure to abide by the written guarantee of their contract violates
73 P.S. § 201-2(4)(xiv) in that it fails to comply with the terms of any
guarantee or warranty given to the buyer prior to or after a contract of purchase
goods or services was made.
27. There were a number of contacts between Defendant Seese and Plaintiff,
Seese repeatedly alleged that the windows had been ordered and that other
were holding up the delivery of the windows. This went on for a number of
between Plaintiff and Defendant Seese until Defendant Seese simply broke * all
communication with Plaintiff.
28. Plaintiff believes, and therefore, avers that Defendant Seese never ordere4 the
windows nor had any intention of delivering them to Plaintiff.
29. Defendant Seese's misrepresentation to Plaintiff that windows had been ordered and
ultimate refusal to have any communication with Plaintiff constitutes a violatio of
Title 73 P.S. § 201-2(4)(xxi) in that it was a fraudulent or deceptive
created a likelihood of confusion or of misunderstanding.
30, Pursuant to Title 73 P.S. § 201-7, Plaintiff was to be provided with a notice o4 the
write of rescission as this was a contract entered into at his residence. Defendants at
all times failed to provide Plaintiff with a notice of a right to rescind this
This failure to provide Plaintiff with a notice of right to rescission constituted an
unfair trade practice violation of Title 73 P.S. § 201-2(4)(xxi).
31. Pursuant to Title 73 P.S. § 201-9.2, Plaintiff has a private right of action
Defendants for violations of the Unfair Trade Practice and Consumer Protection
as he was purchasing goods for personal family or household purposes and
an ascertainable loss of money or property due to Defendants' use of
practices as prescribed by this act.
32. Due to Defendants' unfair trade practices, Plaintiff suffered damages in the
$11,285.00 plus costs and legal fees.
33. Pursuant to Title 73 P.S. § 201-9.2, Plaintiff may be awarded treble damages,
as legal fees.
34. Due to the egregious nature of Defendants' conduct, Plaintiff should be
$33,855.00 in damages plus Court costs and reasonable attorney's fees.
WHEREFORE, Plaintiff demands judgment in his favor and against Defendants
amount of $33,855.00 together with costs of suit and attorney's fees and such other relief
Court shall deem necessary.
J7-16; C S
Date
Respectfully submitted,
Brian C. Bornman, Esquire
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
well
the
the
Also Fully Insured
4
CA-3616: (717)' 385-0724
1020 Newville Rd. 0 0arlisk.Pi
Specializing In ? qfflt & Fascia
PR AL SUB TT TO
° PHONE
s "t DATE
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STRE JOB NAME
CI TAT N P COQE JOB LOCATION
ARCHITECT. DATE OF PLANS . .. . ..... .. ...?.:.__.-... _ JOB P ONE
____
We hereby propose to funish materials
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6, A 3SAAr"
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gto eby to furnish erial and labor - complete in accordance with above specifications, for the sum o(:
ollows: dol lars ($
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ask 4. tn' Ail
)
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All material is guarameed to be 1 . All to be completed in a
substamlal
workmanlike manner according to specifications submitted, per standard practices. Any
alteration or deviation from above specifications involving extra costs will be executed
only upon written orders,. and will become an extra charge over and above
the sett.
Authorized
Signature
.
mate. All. agreements contingent upon strikes, accidents or delays beyond our control
owner to carry fire, tomado and other necessary insurance. Our workers are fully cov-
ered by Workmen
' ampensation Insurance.
Now This proposal nay be
withdrawn by us if not accepted within
d
a s.
r .
ACCEPTArvj PROPOSAL The above prices, specificatlons and mndl-
tions are satisfactory and are hereby accepted. You are authorized to do the work as
Signature'
specified. P'17e will lla made as outlined above.
Date of Act, pYgr-"' ?
-
Signature
a
PLAINTIFF'S
evwer>
VERIFICATION
I verify that the statements made in the foregoing document are true and
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
4904, relating to unworn falsifications to authorities.
I
DATE: -OS ra J? _? ,?Cs??
MA ISHER
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DOUGLAS LAW OFFICE
27 W. HIGH ST. WILLIAM P. DOUGLAS, ESQ.
POB 261 Supreme Court LDS 37926
CARLISLE PA 17013
TELEPHONE 717-243.1790
douglaslawC&earthlink.net
Marlin Fisher In the Court of Common Pleas of
Plaintiff Cumberland County, Pennsylvania
vs
No. 05 - 2047 Civil Term
Ronald Seese, et.al.
Civil action law
Defendant Jury Trial Demanded
Answer of Defendant Larry Adams and New Matter
Admitted.
2. Admitted.
YOU ARE HEREBY REQUIRED TO FILE
WRITTEN RESPONSE TO THE ENCIOSED
WITHIN TWENTY (20) DAYS FROM SERVICE
HEREOF OR A JUDGMENT MAY BE ENTERED
8Y
ATTORNEY
3. Admitted.
4. Denied. At no time was the defendant Larry Adams doing business
with Ronald Seese as A&S Construction.
5. Denied. At no time did the defendant Larry Adams enter into an
agreement with the plaintiff to perform window work. It appears from the
attachment that the defendant Ronald Seese, in his individual capacity
entered into an agreement with Marlin Fisher.
6. Denied. As the defendant Adams never entered into an agreement
with the plaintiff he has knowledge of the specific terms of any agreement
he may have entered into with another party.
7. Denied. As the defendant Adams never entered into an agreement
with the plaintiff he has knowledge of the specific terms of any agreement
he may have entered into with another party.
8. Denied. As the defendant Adams never entered into an agreement
with the plaintiff he has knowledge of the specific terms of any agreement
he may have entered into with another party. It is specifically denied that
Larry Adams received any proceeds of any kind from the defendant.
9. Denied. As the defendant Adams never entered into an agreement
with the plaintiff he has knowledge of the specific terms of any agreement
he may have entered into with another party. By way of further answer he
never cashed a check of the plaintiff's.
10. Denied. As the defendant Adams never entered into an agreement
with the plaintiff he has knowledge of the specific terms of any agreement
he may have entered into with another party.
11. Denied. As the defendant Adams never entered into an agreement
with the plaintiff he has knowledge of the specific terms of any agreement
he may have entered into with another party. Upon learning of the subject
matter of this suit the defendant Adams informed the plaintiff that he was
never in any kind of a business arrangement with the defendant Seese.
12. Admitted.
13. Admitted.
14. Unknown.
15. Denied. As the defendant Adams never entered into an agreement
with the plaintiff he has knowledge of the specific terns of any agreement
he may have entered into with another party.
16. Denied. As the defendant Adams never entered into an agreement
with the plaintiff he has knowledge of the specific terms of any agreement
he may have entered into with another party.
17-34. Denied. As the defendant Adams never entered into an agreement
with the plaintiff he has knowledge of the specific terms of any agreement
he may have entered into with another party. The defendant Adams, after
reasonable investigation, is unable to ascertain the truth of the averments
and strict proof thereof is demanded.
New Matter
35. The defendant hereby pleads any and all applicable affirmative defenses
enumerated in the Pennsylvania Rules of Civil Procedure.
Wherefore it is prayed that judgment be entered in favor of the defendant Adams and
against the plaintiff.
Respectfully submitted,
William P. Douglas,
May 17, 2005 Attorney for Defendant Ada
AFFIDAVIT
I hereby swear or affirm that the foregoing is true and correct to the best of my
knowledge and/or information and belief.
This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn
falsification to authorities.
William P. Douglas, sq. for
the defendant La dams
Date: May 17, 2005
-
i -t
f!:
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-02047 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FISHER MARLIN
VS
SEESE RONALD ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
SEESE RONALD
unable to locate Him in his bailiwick
COMPLAINT & NOTICE
but was
He therefore returns the
, NOT FOUND , as to
the within named DEFENDANT SEESE RONALD
1020 NEWVILLE
CARLISLE, PA 17013
NO BUILDING AT GIVEN ADDRESS. PER ADAMS, SEESE'S
CELL PHONE NUMBER IS 385-0724.
Sheriff's Costs:
Docketing 18.00
Service 3.70
Not Found 5.00
Surcharge 10.00
Postage .37
37.07
So answers:
R. Thomas Kline
Sheriff of Cumberland County
BRIAN BORNMAN
05/23/2005
Sworn and subscribed to before me
this SZY? day of iy1.c?
yrG A.D. I
P o onotary '
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02047 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FISHER MARLIN
VS
SEESE RONALD ET AL
CPL. TREVOR KENT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTI
ADAMS LARRY
DEFENDANT
A A&S ROOFING
the
at 1135:00 HOURS, on the 5th day of May , 2005
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
LARRY ADAMS
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this a210?- day of
Lz 2dOS? A.D.
2?rai ?{3? CdQi<?
P othonotary
was served upon
So Answers:
R. Thomas Kline
05/23/2005
BRIAN BORNMAN
By: I it YL
Deputy Sheriff
MARLIN FISHER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
RONALD SEESE and
LARRY ADAMS dlbla
A&S ROOFING,
Defendants
TO THE PROTHONOTARY:
CIVIL ACTION - LAW
NO. 05-2047
PRAECIPE
CIVIL TERM
Please reinstate the Civil Complaint filed in the above captioned action.
Respectfully submitted,
Date: tc- 1-, 0 ilg?nh N10na aA\ s?mi.cWn
Hannah Herman-Snyder, Esquire
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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MARLIN FISHER,
Plaintiff
vs.
RONALD SEESE and
LARRY ADAMS d/bfa
A&S ROOFING,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-2047 CIVIL TERM
PLAINTIFF'S ANSWER TO DEFENDANT, LARRY ADAMS,
NEW MATTER
35. Denied. The Defendant's pleading that any and all applicable affirmative
defenses enumerated in the Pennsylvania Rules of Civil is denied to the best
of Plaintiff's ability, as the affirmative defenses are not set forth with
specificity.
WHEREFORE, Plaintiff asks your honorable Court to dismiss any and all claims for
affirmative defenses.
Respectfully submitted,
ta-)-aIS
Date
'Wan ml \ mnn- - Mhkdk
Hannah Herman-Snyder, EsquiPe
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unworn falsifications to authorities.
DATE: 6 - r- o !;-
MARL-It-FISHER
MARLIN FISHER,
Plaintiff
vs.
RONALD SEESE and
LARRY ADAMS d/b/a
A&S ROOFING,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 05-2047 CIVIL TERM
CERTIFICATE OF SERVICE
I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the 1{h day of
June, 2005, cause a copy of Plaintiff s Answer to Defendant, Larry Adams, New Matter
to be served upon Plaintiff s counsel by first-class mail, postage prepaid at the following
address:
William P. Douglas, Esquire
Douglas Law Office
POB 261
Carlisle, PA 17013
DATE: it t --I- L )r)
"01 _ na?\ '?,OnmaY?- cRm rr1.4n
Hannah Herman-Snyder, Esquire
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
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MARLIN FISHER,
vs.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
RONALD SEESE and
LARRY ADAMS d/b/a
A&S ROOFING,
Defendants
CIVIL ACTION - LAW
NO. 05-2047 CIVIL TERM
AFFIDAVIT OF SERVICE
I confirm that I did this 4?' day of t? 2005, hand
deliver a true and attested copy of a Civil Complaint to Ronald Seese, at the following
address:
8G0 /-- to?f/i -er S' L ?trl• SlG fig
(Constable)
/c°c?r C SP?f2
?P -*4. ROalS'17
Sworn and subscribe
to before this Y-
day of _ 4 2005.
otary
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MARLIN FISHER,
Plaintiff
VS.
RONALD SEESE and
LARRY ADAMS d/b/a
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
A&S ROOFING,
Defendants NO. 05-2047 CIVIL TERM
AFFIDAVIT OF SERVILE
SHERIFF'S RETURN - REGULAR
LASE NO: 2005-02047 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FISHER MARLIN
VS
SEESE RONALD ET AL
CPL. TREVOR KENT Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ADAMS LARRY D/B/A A&S ROOFING the
DEFENDANT , at 1135:00 HOURS, on the 5th day of May 2005
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
LARRY ADAMS
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this day of
A. D.
So Answers:
R. Thomas Kline
05/23/2005
BRIAN BORNMAN
By:f -1 t
Deputy Sheriff
Prothonotary
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Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberrarrb Caurttp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
-()S'- 4a6`1 7 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573