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Home My WebLink About05-3459 RAYMOND T. FELLABAUM and HELEN FELLABAUM, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. ~ NO. 0)'- ,~c.fJ7 -Civil Term JOSEPH MCMANUS, JOSEPH MCMANUS d/b/a, MANTIS CONSTRUCTION, Defendants : Civil Action-In Assnmpsit : JURY TRIAL DEMANDED 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 Notice is served, by entering a written appearance personally or by an 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 Defendant. 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 CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (800) 990-9 I 08 RAYMOND T. FELLABAUM and HELEN FELLABAUM, Husband and Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA JOSEPH MCMANUS, JOSEPH MCMANUS, D/B/A, MANTIS CONSTRUCTION Defendants : No. Os-- Ji{ ~-1 Civil Term : Civil Action-In Assumpsit : Jury Trial Demanded COMPLAINT TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES the Plaintiffs, RAYMOND T. FELLABAUM and HELEN FELLABAUM, husband and wife, by and through their attorneys, COYNE & COYNE, P.C., aver the following in support of this Complaint: 1. Plaintiffs, Raymond T. Fellabaum and Helen Fellabaum, are husband and wife, and are adult individuals, sui juris, and reside at 1808 Hunters Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 2. Defendant, Joseph MCManus, is an adult individual, sui juris, and resides at 1050 Old York Road, Dillsburg, York County, Pennsylvania. 3. Defendant Joseph MCManus, is an adult individual trading and doing business as Mantis Construction with a place of business known and numbered as 1050 Old York Road, DiIlsburg, York County, Pennsylvania. 4. On or about July 28, 2004, Plaintiffs contracted with Defendants to perform certain repairs and improvements to Plaintiffs' residence located at 1808 Hunters Drive, Mechanicsburg, Pennsylvania for a fixed fee of$lO,OOO.OO. (See Exhibit "A" attached hereto.) 5. On July 28, 2004, Plaintiffs paid Defendants $5,000,00 deposit per the written contract. 6. On or about September 4, 2004, Plaintiffs also contracted with Defendants to replace and install certain windows and doors at Plaintiffs' residence located at 1808 Hunters Drive, Mechanicsburg, Pennsylvania. (See Exhibit "B" attached hereto.) 7. On or about October 4, 2004, Defendants began work on Plaintiffs' residence pursuant to contract; however, Plaintiffs discovered that the siding which they had previously been selected and contracted for installation by the Defendants and was not being installed by Defendants', but that a substitute product was intended to be installed by Defendants. 8. Plaintiffs confronted Defendants concerning the substituted siding material and Defendants then admitted that the proposed siding was not the selected siding because the manufacturer was supposedly "out of business" and Defendants suggested that Plaintiffs could select a different vinyl siding product for installation. 9. Plaintiffs selected a substitute product and were required by Defendants to pay the difference in the cost of the new product as opposed to the product which was originally selected for a supplemental cost of$2,500.00. 10. On or about October 20, 2004, Plaintiffs agreed to pay the Defendants $6,500.00 for work to be completed. I I. As of October 20,2004, Plaintiffs had paid Defendants a total of$11,500.00 12. Defendants advised Plaintiffs that the new siding would be delivered and installed in two weeks from October 4, 2004. 13. Defendants installed the windows and doors; however, the work was substandard and incomplete and Defendants did not install the hardware as contracted and Plaintiffs had to, on their own, install the noted hardware. 14. Defendants also cut/severed the residence's security system at the front door and never advised Plaintiffs of the mishap until confronted by the Plaintiffs, 15. Numerous calls were made by Plaintiffs to Defendants requesting return calls; however, Defendant did not return the calls. 16. On or about Tuesday, November 23, 2004, Defendants finally returned to Plaintiffs' residence to complete the work previously started over a month ago; however, the work performed was substandard and unprofessional and Plaintiffs requested Defendant Joseph McManus' personal presence at the work site to review and inspect the deficiencies. 17. Defendant McManus appeared at the work site where a discussion ensued concerning the unsatisfactory and unworkman-like work performed by Defendants' employees. 18. On Monday, November 29, 2004, Defendants stopped all work at Plaintiffs' residence and walked off the job and did not complete the work as paid and contracted. 19. Plaintiffs repeatedly attempted to contact Defendant McManus, however, telephone calls were not returned. 20. Because of Defendants' actions, Plaintiffs had to retain new contractors to Correct the mistakes and deficiencies of Defendants and to also complete the original contracted work. COUNT NO. I: Violation ofthe Penns Ivania Unfair Trade Practices and Consumer Protection Act. 2 I . Paragraphs I through 20 are incorporated herein by reference. 22. At all times relevant hereto, Defendants were engaged in trade or commerce as defined in the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P,S. 9201- I, et seq. 23. The said Act provides that it is an unfair or deceptive act or practice when: Making repairs, improvements or replacements on tangible real or personal property, of a nature or quality inferior to or below the standard of what was agreed in writing. 73 P.S. 9201- 2( 4)(xvi). 24. At all times relevant hereto, Defendants violated the Pennsylvania Unfair Trade Practices and Consumer Protection Act and conducted themselves in an unfair and deceptive manner to the detriment of Plaintiffs, 25. As a result of Defendants' violation of the said Act, the Plaintiffs have suffered an ascertainable loss of monies and incurred attorney fees to pursue this action. WHEREFORE, Plaintiffs respectfully requests jUdgment in their favor and against the Defendants for treble damages ($69,521.28), attorney fees, costs of this action, and all other relief deemed appropriate by this Honorable Court. COUNT II: Breach of Contract 26. Paragraphs 1 through 25 are incorporated herein by reference. 27. Defendants failed to perform the work required pursuant to the contracts entered between the Plaintiffs and Defendants. 28. Defendants failed to communicate with Plaintiffs concerning Defendants' non performance of contract. 29. Defendants breached the contracts with Plaintiffs. 30. Because of Defendants' breach, Plaintiffs had to incur additional expenses to complete the work originally contracted to be performed by Defendants and to also repair the defective installation and workmanship performed by Defendants and their employees. 31. The additional monies were incurred by Plaintiffs concerning the breach and correcting the work performed by Defendants and completing the required work under the contract. WHEREFORE, Plaintiffs respectfully requests judgment in their favor and against the Defendants for $23,173.76, attomey fees, court costs of this action, and all other relief deemed appropriate by this Honorable Court. Respectfully submitted: COYNE & COYNE, P.C. Dated: 7 - 7 -,? \" By: Mantis L:onstructiOh 1050 Old York Road Dillsburg, PA 17019 1-866-432-5238 Proposal Submitted To: 'ta../i- ll~h tJ Address /'60$ ~'I . c-It.1rJA.),i"/') Job Name Job # ~,\J,.J t~ Q.-1'" '"'" v" Job Locati9n ;\'\EcL."'I,,, ,-CS Phone # ~. 1, _....~qq -';'" ~ < 7"> I-A Date . i '+/<:3/" .j Date of Plans - ~?2/ We hereby submit specifications and estimates 'for: ;.. '. .. ,.. l. It't-E f~p,yt-L: ~.'J mG (~bc.' IJ?/>~I ~I:- 1..., ~ .,-o:;~.-- 51A0~/1.. 5.c/,i* <:~t..!. .n,; "\1.-\E ;:;^C' t-I. ~ ~cc.~\" cr:- '/t i cl_L>(, 2,,;; Cl;>y ~ tHe: 8,~~~ t.,;: ~,M-:\\ ~,>(.:'\~,",)c. C'.J~-..~)~<i- .';:r", Dtf; C":;:; .c...'::;:' C/,,"y. -,- (lr!? ,-. dc{F,t /1,"iJ ,-. . rl']f_ti':\ L~,~ c~. 12.: ..., ,'", ~ u.::. ~""k,~ ... .', ..; ,'1,__ ~ A--==~{u..dc) <'"..v"I~!{ ",l!;:,:.,-..,.r vc...... i..(:t.-i) /. If t...r...l.i,;::'-"-/ ~ i0:;:,;.h-:t:,,:v.0;, t:;..'; 11 A(:f A" ,~""1LI<J.Ppt'f1 .' ( ~'~'.-"./cr' -' Ii c~.. \'ji" 1F' - -,.,. ...-' ,.J ';'''' , .h,...'::!-d/<:"'c;/ ";,'--.> k-i "7 f ;.~, .'.. j .C..,' ~ ...., Jf~~, I /i. (kc /3"1 I!,,/'- . , :..- .-" :'?4,--":.C"'-!, /.1 /~;;-~~ , .' ;' L" ~'I... r.-, , (:t:.x{cc .i~:J-,1- -e:.i.... /4(,':i":'[,,~,~'--'ii?:~l WfI proposfl hereby to furnish material a~d labor - COmp!fltfl in accordancfI with thfl abOVfI spflcffications for the sum. 01: $ f.<cv '~,;.;,O'-'---1';"1-.l!) with paymflnts to bfl madfl as follows: ~{ Do, . !! "t -:.../ .-.-), ;':,,_ ) ;~/c" '-"l' j~:> fl7 ;:u;"~ ',/,iP 1--;;'1:..i'; I~- ilt,;& (,.L~:;,[:, 11~'l _~_ .-/-1 '7(f~f(ii~.J ,(.;.i,.{ Cci"4-">1,..}-t"'<:;z:.1 RflsPflC1fully,; / / ,'-;/i. ,/' ._____.. //...~. ,~..~/. - NO:~~i~:~P'\s~(:ay ~ewithd;awn b~ us if nOfacce~te::~;~ "(0 days H Dollars Any alteration 6rdev'ia[i~ri from -~bove specHiCalions involving eXlra costs will be: executed only-upon' written order, and will, become an eXlracharge 'over and above the--estimate, Allagieerri€mtsconlingent upon 'strikes. accidents, or delays beyond Our control. The above .prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized 10 do the work as specified. Payments will be made as outlined above. Date of Acceptance ,,/;...... I~. I ~ 1" Q!cctptaltCl' of ~ropo.s'aL Signature //'1 /-: /"--/" ^ 1..-; ! // 1..< ~7'V {~_ ~,-( I" i l~ '- --1__/_ /- jl . -r-' I [' l-.--~,j"./i . ,,)'1< .'/ _~)_,1., I \:- . ..- I , I I I I "'" Signature -----~_..- .,J l- e,!:/,.t./ /I 117..- Mantis Construction 1050 Old York Road Dillsburg, PA 17019 1-866-432-5238 Job Name ~'c~& 1~""Ac"ll . Job # . . Job Localion }.{~ (...I"",.; k5 b,", f ?... ~hone~i,. :, <h..11 d,i..\ 1 -n a 1 We hereby S~6mit specific~tions and estirnatesfor: l/'rl-r: :s 5' 1'tL.\' L-v'!;..J1>" to, ::r::/J.""tt\t .0= <- F 21'1, , ,W", AI", ~~, , "'1M k, "''' '" "'''''"'' '" "+ $,,,, or ny" 51\1J 1',,,,, r~,,, ,< ""JI, ""j ,,,,.. '" :p,~ Date ""I, Date of Plans ~. .~ 2 7-'12 '1- 3 p/'-I @ ZZf '3 G> 2t1fz S]i!Z e 2SC'- e ,'- 3 1:2,:",,- J'''''5-L\.''-\.lct-"5 @ 1'06 ~tS- .-;C 1-<.5" 3co >~7..\(f ~, \ "1..\ 0 ~E5 R",~ ::c..uc\"',s...... X:"'>ta'7: ~ (~\~ ll>-.:; ~. Vz. sct'.....-.c ..... ". C.\'<<-1AniZ" . ~ /,'\5..:;; We propose hereby 10 fyrnishm~ferial ~r1d labor - complete .in accordance with the above specifications for the sum of' S -'L00~"'n.j .. '\""\4-0- with payments fo be made as follows: fC.....\.. , .' 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 outlin dab ve. Date of Acceptance 1. 1..:\ I Q!CCtptancr of ~ropo.s'al Respectfully. stibmitted " 7. . 5:2> Note ~ this propos -may be withdrawn by us it notaccepted within, Dollars Any alteration or deviation from <i:bl?ve specifications involving extra-Costs \'.',ill be executed onl~i -upon written order. and wi!!. becomean'exlra charge over _ and 'above the estimate. All agr-eementscontingenlupon strikes, aCCidents, or delays beyond our COntrol. Signature days. Signature ----'-----,~._. .-.~-~_.._-_..- L~,_ All Prices, Agreements and Contracts are contingent upon strikes, fires, accidents and all other delays unavoidable, or beyond our control. Ewing Roofing Siding Soffit Seamless Spouting All Types of Roofing 1425 Spang/ers Mill Road Camp Hill, PA 17011 PHONE: 761-6960 FAX: 761-6138 Estimate Date December 7, 2004 Quoted to: Raymond Fellabaum 1808 Hunters Drive Mechanicsburg, PA 17050 Estimate Number 13156 --~-------._----_.. '--'.. --- Customer 10 i Good Thru I -~.~------- ------~-~-_._...__._--_._+--~ FcllabaLii"r:, ,~3yrYi0nd 1/6/05 Net ------_.~-----.- ----....- -- --_.__.._._----~--_._---.- -"- --------.-- -..-----..--.------------ Payment Terms - -----__1 Sales Rep 10 Days ------.--...--_______n _"'_"___ Labora-iidUMaterial: Description Chat'les B. Ewing ..-. ------.-.--.--..- 11. Remove the existing siding from the house. ~. Install vinyl siding. t3. Install .032 seamless aluminum 5" K-gutter. 4. Install 2 x 3 aluminum downspouts. is. Clean up and dispose of debris. .- - r i I I -n.___.._n.___ Amount iSiding putter i 8,800.00 1,180.00 All material used in this contract are guaranteed to be as specified, and the entire job is to be done in a neat and workmanlike manner. You are protected by full insurance coverage. Any alterations or deviation from the specifications herein agreed upon involving extra cost of labor and material, will be executed only on written order for same, and will become an extra charge Over the sum mentioned in this contract. Agreements made with mechanics not recognized. It is further agreed that if the Owner cancels the Contract at anytime before commencement of the Wail<, then the liquidated damages arising from cost and expense necessary incident to the business of the Contractor in connection with this contract amount to the sum of One Hundred and Fifty($150.00)Dollars, which said sum the Owner undertakes and agrees to pay forthwith. Estimate void after 60 days. 1.5% service cha'!le will be charged on all past due balances. Ewing Roofing is a SUbsidiary of Spangler Mill, Inc. -- -----~--------------- -----.----______L _____n_________.__. _ _ ____ Signed~ d-~cf'~ The foregoing terms. specifications and conditions have been reviewed by the undersigned and the same are hereby accepted and agreed to. We hereby authorize youJ)~ceed therewith. The unders~gned intending to be legally bound thereby have hereunto set their hand and sea~ this day of ---- . ~--J3__ _ 20 Q~ Signed ~kli-~" I ACCEPTANCE OF THIS ESTIMATE Signed S~15- All Types of Roofing 2/9/05 1425 Spanglers Mill Road Camp Hill, PA 17011 Invoice Number: 24493 Phone: 717-761-6960 Fax 717-761-6138 Customer: Raymond Fellabaum 1 808 Hunters Drive Mechanicsburg, PA 17050 Customer PO -- _._-----_.._.-._---_.._~._------ -- -.~~--- ~-_.._----------------- : 'Payment Tenns .---I--'~---- -NetlO Days -- Sales Rep ID ----- ---- "----~------ .--.------ Ewing, Charles B. ----------- i ._--~.._-._---_._-_._--------_..__._.__._--~----.- ------- ---------------- -.------- -- -------- .--- -- - , i Due Date --- '---._--- 2/19/05 Labor OnV--- ----- Description _.._--~---_.~----- "'--'--~-~--- -----------.-------- --- --~---------_._--_.._---_._------_.- ! Amount -----r-~ ~. Remove the existing siding from the house. 2. Install vinyl siding. 6,600.00 -_._---_._---~--,-------._.- Total Invoice Amount Less Payments Received TOTAL DUE THIS INVOICE 6,600.00 Check No: 6,600.00 1.5% per month service charge will be charged on all past due balances_ Ewing Roofing is a Subsidiary of Spangler Mill, Inc. </1) All Types of Roofing 1425 Spanglers Mill Road Camp Hill, PA 17011 It IllVv Invoice Number: 24403 Phone: 717-761-6960 Fax: 717-761-6138 Customer: Raymond Fellabaum 1808 Hunters Drive Mechanicsburg, PA 17050 .. Custom=~ P()_u~ j __'- Pa)'ment Term~ . . - . . TU. -.- Nel10 Days '_________.. I --'--.._----.._-------~--..------------_._-------- Sales Rep ID Ewing, Chanes B. r-----~---.~~I I Due Date I !. - - ! .. fU' .1127/of; , -_. .-_____u.~.__ ----'--------~-_.-~-~ -~_._------~._- ..~--- --~_.~._------,--_.------ .'.----------- DescriPtion - --,--- --.---___._____n_._______ -.--.--.--- ----r---.---..-.-..- I Amount --------------------------------,----------,--_., --'--.- Labor and-MateriaC-----._- 1. Install.032 seamless aluminum 5" K-gutter. :2. Install 2 x 3 aluminum downspouts. 13. Clean up and dispose of debris. Gutter Iln stalled water Fall Gutter Guard ; i i I 1,180.00 490.00 ! L-__'_______~___.._____.________.~_.__._ --_.._-_._.._~ -- Check No: 3124 Total Invoice Amount Less Payments Received TOTAL DUE THIS INVOICE lSf' ( 1,670.00 1330.00 348.GB "" ,,-z' - 1r-7l. 1.5% per month selVice charge will be charged on all past due balances. Ewing Roofing is a Subsidiary of Spangler Mill, Inc. f~5 VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. ~ 4904. Dated: '/ " :., ~ .7-. -',. -- " '~ . -J;~mhUf"~~ ,}/;:,g!", VZd;{~47?r Dated: 7 -- 7 - .. ~~~ ~;J ~ ~ - ) <;:;l -- ~ ~ ?s () c .-' = c:) cf' ,- c::: ,-"" I -l '/ " ~.~ ~ ,- ::-"1 -<- @ """" Q, :;:\ f~i~ :':18 C::;t') ::?:,y:~ <J:;'" :0 ,< -',.. r-:? {'., -' COYNE & COYNE, P.C. By: Lisa Marie Coyne, Esquire 3901 Market Street CampHiII,PA 17011-4227 (717) 737-0464 ....1..1 Attorney for Plaintifft RAYMOND T. FELLABAUM and HELEN FELLABAUM, Husband and Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 05-3459CiviI Term JOSEPH MCMANUS, JOSEPH MCMANUS d/b/a, MANTIS CONSTRUCTION, Defendants : Civil Action-In Assumpsit : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment of default in favor of plaintiffs, RAYMOND T. FELLABAUM and HELEN FELLABAUM, husband and wife, and against defendants, JOSEPH MCMANUS and JOSEPH MCMANUS d/b/a MANTIS CONSTRUCTION, for failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with the complaint on July 22, 2005, and defendants' answer was due to be filed on August 11, 2005. Attached as Exhibit "A" is a copy of plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the defendants at his/their last known address on August 26, 2005, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment in favor of Plaintiff and assess damages in the amount of $69,521.28, and accruing interest at the rate of 6 % and court costs, being the amount demanded in the complaint. COYNE & COYNE, P.c. Date /; 7 OS q pf ~ , By: ~ isa Marie Coyne, Es ire Pa. Supreme Ct. No. 3788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-D464 Attorney for Plaintiffs RAYMOND T. FELLABAUM and HELEN FELLABAUM, Husband and Wife, Plaintiffs (j.~ . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs, : NO. 05-3459Civil Term JOSEPH MCMANuS, JOSEPH MCMANUS d/b/a, MANTIS CONSTRUCTION, Defendants : Civil Action-In Assumpsit : JURY TRIAL DEMANDED TO: Joseph McManus 1050 Old YorkRoad Dillsburg,PA 17019 Joseph McManus d/b/a Mantis Construction 1050 Old York Road Dillsburg, P A 17019 DATE OF NOTICE: August 26,2005 IMPORTANT NOTICE (") S <-- r~,:rE~ '"7:- t~:~,:- ~(~~ j:::,.._- $2~' "?' ~, ~: You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAy BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMl'ORTANT RIGHTS. YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE. IT YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Respectfully submitted: Dated: ~'Zt.loc- isa Marie Coyn Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintifft '" = = <.n 0> c:: ~-, '.... <0 a o " -t ... fi1:!J r:;:: 1:11' , -nO SJf:' -,' -,'; 1-~;2~-S !srn ?E -< ~ -YI- LD N .;.- Er,j,-I;.. t "fl' CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing 10 Day Notice of Intent to Enter Default was served this date upon the below-referenced individuals at the below listed address by way of fIrst class mail, postage pre-paid: Joseph McManus 1050 Old York Rd. Dillsburg, PA l7019 Joseph McManus d/b/a Mantis Construction 1050 Old York Road Dillsburg, PA 17019 Dated: 2 Go ~ <-tJrJ r --- CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Praecipe for Entry of Default Judgment was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Joseph McManus 1050 Old York Rd. Dillsburg,PA 17019 Joseph McManus d/b/a Mantis Construction 1050 Old York Road Dillsburg,PA 17019 Dated: ~7 ~ f/fs (-") ....., ""=- c:--} ~ ';_.--:J c) ~ ~ ~ ~, -1"1 :::-l .r: ~ ~")I \ t I -~ -.J , L" ~ . . ~ -n ~ i.~ ~ _... <>0 ~ r'."I. C) r L,v ~ c.t, ~ ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FELLABAUM RAYMOND T ET AL VS MCMANUS JOSEPH ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCMANUS JOSEPH but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 8th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge York County 18.00 9.00 10.00 45.82 .00 82.82 08/08/2005 COYNE & COYNE soa~ .--::- -~,,-~-" -,.----:::::::; --~-.. ~ i' . R. Thomas lne Sheriff of Cumberland County Sworn and subscribed to before me th~;J day of a j~ ..~ 0l' A.D. J ~ 4:~~;XI.;y ~-=- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FELLABAUM RAYMOND T ET AL VS MCMANUS JOSEPH ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT I to wit: MCMANUS JOSEPH D/B/A MANTIS CONSTRUCTION but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On Auqust 8th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 08/08/2005 COYNE & COYNE So answ~: .... . <.<...~. -c~~~:~ :'.. / /-"5f~ .'--- -.. .~~~. ...~- , . Thomas Klin Sheriff of Cu --:::>' ,~.~:",;;~ Sworn and subscribed to before me this 1 day of ~,. :::v ~ooj A.D. -t~:,~~-% /" COUNTY OF YORK 1 OF 2 OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE OM. Y LII\E 1 THRU 12 I. .00 NOT DETACH ANY COPIES 1 PLAINTIFF/51 Raymond T. Fellabaum et al 2 CO_URT NUMBER n"._ <A "Q ~,,," 4. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/51 SERVE .. AT { NOW ADVANCE FEE bY Please mail return of service to Cunberland County Sheriff. Thank you. NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION; N.B. WAIVER OF WATCHMAN. Any deputy shenff levying upon or attaching any property under within wnt may leave same wilhout a watchman, in custody of whomever is found in possession. after notifying person of levy or anachment without liability on the part of such deputy or the sheritr to any plaintiff herein for any loss, destrudion, or removal Of any property before sheriffs sale thereof · TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE COYNE&COYNE P C LISA MARIE COYNE ESQ 3901 MARKET ST CAMP HILL PA 17011 10. TElEPHONE NUMBER 11 DATE FILED 717-737-046 7-7-0S- 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice is to be matled) CUMBERLAND COUNTY 16 HOW SERVED PERSONAL ( 17 a 18. SHERIFF ONE COURTHOUSE 'OW 'FOR U6E R AHRENS SQUARE CARLISLE PA 17013 BELOW ntslHE .. ~/i~E785ED 15~r;"~gOale 13. I acknowledge receipt 01 the writ or compAaint as indicated above POSTED ( ) POE ( ) SHERIFF'S OFFICE ( l SEE REMARKS BelOW 22 REMARKS IdF 23 Advance Costs 100.00 2r~H 4 4 . MfQOQ~.r~~~~~ft,L City of York, York County " My Commi~sion Expires April 20, 2006 OTARY <<. Signature of Dep, Sheriff .6. Signature of yOlk County Sheriff WILLIAM M HOSE, SHERIFF 48, Signature of Foreign County Shenlf or fJiJLMA ""I c:;A aL/ fi /27/05 49 DATE /. COUNTY OF YORK 2 OF 2 OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 4S N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRtICTION$ PLEASE TYPE ONLY .LIE 1'DIRU 12 DO .NOT 8E:tACH ANY. C()IIlE$ Raymond T. Fellabaum et al 2 CQ.URT NUMBER . 05-3459 civ~l 4 TYPE OF WRIT OR COMPLAINT C I CA Notice and Canplaint 1 PLAINTIFF/51 3 DEFENDANT/51 Joseph McManus et al 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETG TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLO Joseph McManus d/b/a Mantis Construction 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY. BORO. nNP, STATE AND liP CODE) 1050 Old York Road Dillsburg, PA 17019 7 INDICATE SERVICE- Q PERSONAL lJ PERSON IN CHARGE ~DEPUTIZE l.J 1ST CLASS MAil U POSTED '..J OTHER July 11 , 20~ I, SHERIFF OF COUNTY, PA"do hereby deputize the sheriff of . .. York . COUNTYto execut~~~~~!~)J!tu~'accordlng to law. ThiS deputlzatlon being made at the request and fisk of the plaintiff. " ,'. ..d' . _. .'. ,~ ~ SERVE .. AT { NOW 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDtTING SERVICE o ADV AN,C;E, .i:,l:;Jj;~"", ::HJlJI)I~~,1'"li'hn"T' g,f ,~~'j.."..> tQ, r."'1~"'" jp1('Q~W, -iff'-_~Jm!'!dI!II'J. :;,,\<~<,:.,~~,~:::,::;:,.:(/~,;~~'.';;,.;,L"""'c-;, ," NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION; N.B. WAIVER OF WATCHMAN. Any deputy sherrff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or anachment. withOut liability on the part of such deputy or the sheriff 10 any plaintiff herein for any ms. destruction, or removal of any property before sheriff's sale thereof 9. TYPE NAME and ADDRESS of ATIORNEY I ORIGINATOR and SIGNATURE 10 TELEPHONE NUMBER 11 DATE FILED LISA MARIE COYNE ESQ 717-737-0464 7-7-6S. 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be compleled if notice tS to be mailed) CUl1BEELAND COUNTY SHERIFF ~CE"8eLOW FOR USE 01' TfE .$AERFF - DO NOT WRITE 8eLOW nts LIE 14. DATE RECEIVED 7/12/05 POSTED ( POE ( ) SHERIFF'S OFFICE ( ) OTHFlJ>l.. SEE REMARKS BElOW 13. I acknowledge receipt of the writ 01 compAaint as mdiCated above R AHl<ENS 16 HOW SERVED PERSONAL ( 17 (] ,. 22. REMARKS 33 Costs Due or Refund Check No 23 Advance Costs 40 Costs Due or Refund /l:tAA/v; / ~d/ ~ 44. &gnature of Dep. Sheriff 46. Signature of York County Sheriff d ~ /.. WILLIAM M HOSE.SHERIFF~~ 41 AFFIRMED atN~~ ~e.re me this 42 d~'OIcIS~!lHM'E-~N9ta Pub. City of YorK Ycrk County PROT My Comr:1issiCir' c:xpii'eS I\p:il 20, 200 48 Signature of Foreign County Shenff 7/27 /05 49, DATE