HomeMy WebLinkAbout01-5051WILLI/AM E. WITTER,
Plaintiff
VS.
ORLANDO MOLDA/qALDO,
and PATSY MOLDANALDO,
Defendant
NOTICE
You have been sued
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION AT LAW
TO DEFEND
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 OR C/AN-NOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Court House
Court Administrator
1 Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
Matthew D. ~tr~hm, Esquire
Attorney for Plaintiff
WILLIAM E. WITTER,
Plaintiff
vs.
ORI2kNDO MOLDANALDO,
and PATSY MOLDANALDO,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION AT LAW
COMPLAINT
AND NOW comes the Plaintiff, William E. Witter, by and
through their attorneys, Dissinger and Dissinger, and
represent the following:
1. The Plaintiff is William E. Witter, who resides at 75
Second Street, West Fairview, Cumberland County, Pennsylvania,
17025.
2. The Defendants are Orlando and Patsy Moldanaldo, who
reside at 70 Acomo Drive, Dillsburg, York County,
Pennsylvania, 17019.
3. On May 02, 2000, Plaintiff and Defendants entered
into a written contract in which Plaintiff would act as the
construction manager of work to be done on a new house located
at 31 Union Church Road, Dillsburg, York County, Pennsylvania,
17019. (See contract attached as Exhibit "A".)
4. Plaintiff was to be paid one thousand five hundred
($1,500.00) dollars per month under the contract.
5. From June 01, 2000 until December 31, 2000, Plaintiff
performed work under the contract.
6. In June of 2000, Plaintiff and Defendants also entered
into an oral contract where Plaintiff agreed to provide
materials and manpower for building the new house.
7. Under the oral contract, Defendant agreed to pay for
the materials and pay fifteen ($15.00) dollars per hour for
manpower.
8. In October of 2000, Defendant offered to pay twenty-
five ($25.00) dollars per hour for manpower for the month on
November if Plaintiff devoted "all the manpower he could" to
the project.
9. Plaintiff accepted Defendant's offer discussed in
paragraph eight (8) and billed his manpower for November at
twenty-five ($25.00) dollars per hour.
10. On December 28, 2000, Defendant replaced Plaintiff
as construction manager.
11. On December 31, 2000, Plaintiff told Defendant their
contract was over as he had been replaced.
12. Defendant owes Plaintiff nine thousand ($9,000.00)
for services performed under the written contract from June 1,
2000 through December 31, 2000.
13. Defendant owes Plaintiff two thousand seven hundred
forty-one dollars and twenty-nine cents ($2,741.29) for
material provided under the oral contract from June 01, 2000
through December 31, 2000.
14. Defendant owes Plaintiff twenty-three thousand one
hundred fifty dollars and fifty cents ($23,150.50) dollars for
manpower provided under the oral contract from June 01, 2000
through December 31, 2000.
15. Defendant paid Plaintiff twenty-six thousand nine
hundred twenty-one dollars and thirty-four cents ($26,921.34)
through December 31, 2001 and had refused to pay him any more.
WHEREFORE, Plaintiff demands judgment in the amount of
seven thousand nine hundred seventy dollars and forty-five
cents ($7,970.45) dollars which represents the sum due under
the contacts.
Respectfully submitted,
DISSINGERAND DISSINGER
Matthew D. Stro~m, Esquire
Attorney for Plaintiff
Supreme Court ID # 76724
28 North Thirty-second Street
Camp Hill, PA 17011
(717) 975-2840
VERIFICATION
I, William E. Witter, verify that the statements made in
the Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsification.
William E. Witter, Plaintiff
William E. Witter
Orlando Moldanaldo
Patsy Moldanaldo
In ~e Cour~ of C~m~a P~e~,s of
Cumbert~d C.~un~., Pennsyb'zniz
l~o. 01 -5051 Ci~L 19 ......
Dear Sir or Madame:
Please dismiss the complaint fil.e.d..t. 9 ,t._he..a.b.o. ve captioned
case.
Ol ,~EP 2 5 P~'l 2; 2 7
OUM[2~I:!LA~D CO
~o .................... Term, 1~ ......
~'~eC} ...... 19 .....
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