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Home My WebLink About05-6221 mOMAs. THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Scott D. McCarroll, Esquire Attorney J.D. 92985 (717) 237-7131 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA DONALD DONAT AND SUSAN DONAT 2197 Bradford Drive Mechanicsburg, PA 17055 Plain tiffs v. CIVIL ACTION - LAW NO. OS - ~l &ICJ~L,En...~ FOR COMPULSORY ARBIT~TION J. L. HALDEMAN LANDSCAPE CONSTRUCTION, INC. 318 Falling Springs Road Landisburg, P A 17040 Defendant YOU HAVE BEEN SUED IN COURT. If you wish to defend a ainst the claims set forth in the following pages, you must take action within tw nty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Co rt your defenses or objections to the claims set forth against you. You are war ed that if you fail to do so the case may proceed without you and a judgment m y 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. You may 1 se money or property or other rights important to you. I I YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER A T ~CE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 0 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHE YOU CAN GET HELP. I Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID DONAT AND SUSAN DONAT 2197 Bradford Dr. Mechanicsburg, PA 17055 Plaintiffs O. C>~ - (, ~oJ I G~ll~ OR COMPULSORY ARBITAA nON v. J.L. HALDEMAN LANDSCAPE CONSTRUCTION INC. 318 Falling Springs Road Landisburg, P A 17040 Defendant COMPLAINT AND NOW, come Plaintiffs David Donat and Susan Donat, by and thtough their , counsel, Thomas, Thomas and Hafer LLP, and file this Complaint against J.LIHaldeman Landscape Construction Inc. and aver as follows: PARTIES: 1. Plaintiffs David Donat and Susan Donat are adult individuals, lllUsband and wife, who reside at 2197 Bradford Dr., Mechanicsburg, Pennsylvania. , 2. Defendant J.L Haldeman Landscape Construction Inc. (hereinarter "Haldeman") is a Pennsylvania Corporation doing business at 318 Falling SprIngs Road, , Landisburg, Pennsylvania. 3. Defendant Haldeman is in the business, inter alia, of installing ~nd constructing retaining walls, drainage improvements, and fencing. 1 BACKGROUND: 4. The averments of paragraphs 1-4 are incorporated herein as ifiset forth at length. 5. On or about January 16,2002, Defendant Haldeman contractep with Plaintiffs to perform certain excavation, installation and construction of a re+ning wall, a drainage system and fencing. A copy of the contract is attached hereto and rarked as Exhibit "A" (hereinafter "Agreement" or "Contract"). I 6. On or about the Spring of 2004, Plaintiffs noticed for the first ime that the retaining wall and fence were shifting out of place and not functioning as inte ded. 7. Defendant Haldeman failed to install and construct the retaini g wall, drainage system, and fence in a proper and workmanlike manner. \ I , 8. As a result, Plaintiffs have sustained damage due to the shiftin~ of the retaining wall and fence as neither functions as designed, intended, contractedf or as represented by Defendant Haldeman. ! I The condition of the improvements constructed by the Defendft threatens I further damage to persons and property. I I Plaintiffs have not breached the Agreement in any material wa~ or form. i \ 9. 10. COUNT I BREACH OF CONTRACT i , 11. The averments of paragraphs 1-10 are incorporated herein as if ~et forth at length. 12. Defendant Haldeman breached its contract with Plaintiffs by: 2 (a) Failing to properly install the retaining wall to prevent it from shifting; (b) Failing to properly install the fence to prevent it from $hifting; (c) Failing to properly back-fill all relevant areas to prevent shifting of the retaining wall and fence; (d) Failing to use a geogrid or like product or material to prevent the retaining wall from shifting; i (e) Failing to properly use a geogrid or like product or ma~rial to (f) (g) (h) (i) (j) (m) (n) prevent the retaining wall from shifting; Failing to construct or properly construct a drainage sy~tem to , I prevent the retaining wall and/or fence from shifting; I Failing to abide by industry standard and trade custom ~r practice I I in the installation of the retaining wall, drainage syste~, and fence; I Failing to abide by and/or follow all manufacturer gUidflines, i i instructions, requirements. and/or specifications; I i Failing to use the proper materials for the contracted application; I I Failing to use the proper materials to form a base for th~ retaining I wall; I I Failing to properly create a base for the retaining wall; fd i Failing to properly form, create, excavate, and establish\a I foundation for the retaining wall. 13. As a result of Defendant Haldeman's breach of contract as described in , I paragraph 12, Defendant Haldeman has caused Plaintiffs injury and damage inlthat the 3 retaining wall has shifted out of place and does not function properly, as intended, as contracted, or as described, the drainage system does not function properly, as intended, as contracted, or as described, and the fence has shifted and does not functio~ properly, as intended, as contracted, or as described. 14. Defendant Haldeman materially breached the Agreement with I Plaintiffs. I WHEREFORE, Plaintiffs David Donat and Susan Donat respectfully request that I this Honorable Court enter judgment in their favor and against Defendant HJdeman. As I the amount claimed as damages does not exceed $25,000.00, Plaintiffs respec~fully I I request that this case be mandated to Arbitration pursuant to Cumberland Co~nty Local Rule of Civil Procedure 1301-1. I Respectfully submitted, ' I I THOMAS, THOMAS & HAFIfR Date: I V~..5- I es K. Thomas, II, Esquire I.D. No. 15613 (717) 255-7617 Scott D. McCarroll, Esquire LD. No. 92985 (717) 237-7131 305 North Front Street, 6th Floorl POB 999 Harrisburg, PA 17108-0999 Fax 717-237-7105 4 VERIFICATION We, Susan Donat and David Donat, hereby state and aver that the factual statements contained in the foregoing document are true and correct to the best of our knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.CS.A S 4904 relating to unsworn falsification to authorities, which provides that if we knowingly make false statements, we may be subject to criminal penalties. Date: /I-)q -()) /I / [1 /b~ /- Date: . . Exhibit A PROPOSAL # 2202 J.L.HALDEMAN LANDSCAPE CONST. 3111 FALLING SPRINGS RD LANDISBURG PA 17040 1-800-789-9814 FAX 717-789-9511 249-7161 E-MAIL haldeman@.p8.net - '. NAME: DAVE & SUSAN DONAT PROJECT LANDSCAPE HOME PH 691-1191 STREET: 2197 BRADFORD DR. LOCATlm SAME WORK PH 720-3252 TOWN: MECHANICSBURG PA 17055 WE PROPOSE: TO REMOVE LOOSE DIRT FROM PATIO AREA AND COMPACT. 2 INSTALL 2B DRAINAGE STONE IN WALL AND PATIO AREA'S AND COMPACT. 3 TO SCREED 1" STONE DUST FOR A LAYING BED. 4 LAY PAVERS AS PER DRAWING,EDGED AND CUT. 5 INSTALL RETAINING WALLS AS PER DRAWING AND CAP. 6 INSTALL STEPS IN WALL AS PER DRAWING. 7 FENCE TO BE 48" HIGH VICTORIAN IN STYLE.wHITE IN COLOR. 8 INSTALL 3' GATE AT SIDE WALK. 9 DECORATIVE GRAVEL TO BE INSTALLED AS PER DRAWING. 10 LIGHTING TO BE PLACED AS PER DRAWING. 11 LIGHTS AT WALL TO BE CUT IN PLACE. CLOUSES: Any additional work other than above will be done at additional cost. Any rock or hard pan encountered will be removed at additional cost. If any job is not exessible to equipment or material deliveries,contractor is not responsible. for any physical damages or conditions. Contractor is not responsible for any excavations besides his own. Customer to supply water and electric. Owner assumes the risk of any settling in back filled area. Owner to clearly mark all septic systems,drainfields,sewer lines.water lines.wiring.conduit,etc. Owner to clearly mark all property lines. Owner to be placed on a chronological list. installation shall start as scheedule permits. All the above work will be completed in a substantial and work like maner for the sum of: $16.706.00 Payments as follows: $500.00 Deposit 60% Upon start 35%Midway 5% Upon substantial completion CONTRACTOR CUSTOMER SIGNATURE: -~- DATE J!/G!riZ (J -t.9. fJ r:- U) ~ \i ~ 1ft - '::::: \) ~ ~ -cJ <:} Vi r 4) 1- 8 r- ~ \,--\ .",' -- ~:-, \ 1 i', __t " ,. ' \ r',:' ",,\ .' .- THOMAS. THOMAS & HAFER, UP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Scott D. McCarrol1~ Esquire Attorney J.D. 92985 (717) 237-7131 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA DAVID DONAT AND SUSAN DONAT 2197 Bradford Drive Mechanicsburg, PA 17055 Plaintiffs CIVIL ACTION - LAW NO. 05-6221 - CIVIL TERM v. J. L. HALDEMAN LANDSCAPE CONSTRUCTION, INC 318 Falling Springs Road Landisburg, P A 17040 Defendant FOR COMPULSORY ARBITRATION To the Prothonotary: Please substitute the attached Notice to Defend for the Notice to Defend attached to the Complaint filed on December 2, 2005 in the above-named matter. Respectfully, Thomas, Thomas & Hafer, LLP Attorneys for Plaintiffs -') -V /~;;PZ/'7 By: Date: December Z 2005 Scott D. McCarroll, Esq. 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 (717) 237-7100 (717) 237-7105 [FAX] THOMAS. THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Scott D. McCarroll, Esquire Attorney LV. 92985 (717) 237-7131 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA DAVID DONAT AND SUSAN DONAT 2197 Bradford Drive Mechanicsburg, PA 17055 Plaintiffs CIVIL ACTION - LAW NO. 05-6221, Civil Term v. FOR COMPULSORY ARBITRATION J. L. HALDEMAN LANDSCAPE CONSTRUCTION, INC 318 Falling Springs Road Landisburg, PA 17040 Defendant 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 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. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 '.. 0) ';'" ~, ~/ THOMAS. THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Scott D. McCarroll; Esquire Attorney 1.0. 92985 (717) 237-7131 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID DONAT AND SUSAN DONAT 2197 Bradford Drive Mechanicsburg, PA 17055 Plain tiffs CIVIL ACTION - LAW NO. 05-6221, CIVIL TERM v. J. L. HALDEMAN LANDSCAPE CONSTRUCTION, INC 318 Falling Springs Road Landisburg, PA 17040 Defendant FOR COMPULSORY ARBITRATION To the Prothonotary: Kindly amend the caption in the above-named matter to read: David Donat and Susan Donat, Plaintiffs. All other information remains the same. Respectfully, Thomas, Thomas & Hafer, LLP Attorne lain tiffs By: ~#:/~ Scott D. McCarroll, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 (717) 237-7105 [FAX] Date: December 9,2005 ---- C) f~' 1" ~ ~.~~ c,) ~. - ". THOMAS. THOMAS & HAFER. UP 305 North Front Street P.O. Box 999 Harri5burg, PA 17108 Scott D. McCarroll, Esquire Attorney LD. 92985 (717) 237-7]3] Attomeys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID DONAT AND SUSAN DONAT, Plaintiffs CIVIL ACTION - LAW v. NO. 05-6221- CIVIL TERM J L I-I' ~ <'''''.' "N" . N'D"C H)E . . i"'\..i,L./I-.Jnli-'1- 1....,1\.1. J t1.1-' CONSTRUCTION, INc., Defendant FOR COMPULSORY ARBITRATION To the Prothonotary: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully, Thomas, Thomas & Hafer, LLP Attorneys for Plaintiffs 0/?//~-v?r Date: January ~, 2006 Scott D. McCarroCl, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 (717) 237-7105 [FAX] . CERTIFICATE OF SERVICE I, Becky Rusbatch, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document upon the following persons via Uni'ted States mail, first class, postage prepaid, as follows: Brian Tyler, Esq. Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 J.L Haldeman Landscape Construction Inc. 318 Falling Springs Road Landisburg, PA 17040 Thomas, Thomas & Hafer, LLP By yj.edA-;' =l?ut~~ Becky Rusbatch Legal Secretary Date: January 6, 2006 2 . . ",-I .-~, c_ ;\\ d -I,"",:; ';"'--) C ">-,1 .~ .. SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2005-06221 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DONAT DONALD ET AL VS J L HALDEMAN LANDSCAPE CONSTRU 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: J L HALDEMAN LANDSCAPE CONSTRUCTION INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December l~th. 2005 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County Postage 18.00 9.00 10.00 32_70 .7~ 70.~~ 12/1~/2005 THOMAS THOMAS So answers;... _./ _<--C~-.; ...___'-/. . . ___-~./- ~--c._"-':::??-/' _.;::.,...~>? ,~ v/"r-- L..-- ",,-:: ,/ R. Thomas Kline (/ Sheriff of Cunillerland County /? HAFER Sworn and subscribed to before me 11. , n " this ..<'1 v day of ~ J~6 A~ ,- - . b, r; 1='1: onot ry ~ .. In The Court of Common Pleas of Cumberland County, Pennsylvania David Donat et al VS. JL Haldeman Landscape Construction Inc No. 05-6221 civil December 8, 2005 Now, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~('/.o./ ~~' .r "'~~<"';'4-~-"" Sheriff of Cumberland County, PA Affidavit of Service Now, December 13 ,20~,at 9:23 o'clock A M. served the within Notice & Complaint upon JL Haldeman Landscape Construction Inc. at 318 Falling Springs Rd. Landisburg, (Spring Twp) PA 17040 by handing to Jeff Haldeman, former owner-the business no longer exists a true & Attested copy of the original notice&complaint and made known to him the contents thereof. So answers, Aaron D. Richards Deputy t&..{t7V I~ fi;.".Aatdw Sheriff of Perry County. PA COSTS SERVICE MILEAGE AFFIDA VIT $ Sworn and subscribed before me this I::' day of l1.t.tvrtl>t1, 200S- NOTARIAL SEAl MARGARET F. FLICKINGER. NOTARY PUBLIC BLOOMFIELD BORO.. PERRY COUNTY MY COMMISSION EXPIRES FEB. 16. 200B $