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HomeMy WebLinkAbout02-3130FRANK M. SAJER and CONSTANCE C. SAJER, Plaintiffs VS. DONALD ULZHEIMER, T/D/B/A PREMIER REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : : CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against thc claims set forth in thc following pages, you must take action within twenty (20) days after this Notice is served, by ente~ng a written appearance personally or by an attorney and filing in writing with the Court your defenses or objeefiuns 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. lF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BE~.I~OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 FRANK M. SAJER and CONSTANCE C. SAJER, Plaintiffs VS. DONALD ULZHEIMER, T/D/B/A PREMW~R REMODELING, Defendant : IN 'riiE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO.~ CIVIL TERM : CIVIL ACTION COMPLAINT AND NOW COMES, the Plaintiffs, Frank M. Sajer and Constance C. Sajer, by and through their attorneys, COYNE & COYNE, P.C., and aver the following in support of this complaint: 1. Plaintiffs, Frank M. Sajer and Constance C. Sajer, husband and wife, are adult individuals residing at 140 Rodney Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Donald Ulzheimer is an adult individual doing business as Premier Remodeling, with a place of business located at 149 South York Road, Dillsburg, Pennsylvania. 3. In April of 2000, Plaintiffs and Defendant entered a contract for various home improvements to plaintiffs' residence, namely: install two (2) vents; install downstairs ductwork, install vinyl roiling, install robber roof, install pillars, paint, install deck steps. 4. In May of 2000, Defendant completed the said work at Plaintiff's premises. 5. On May 15, 2000 Plaintiffs paid to Defendant the sum of $4,410.00 for work performed pursuant to the contract (See Exhibit "A"). 6. On March 30, 2001, the rubber roof and railing system installed by Defendant leaked and caused damage to Plaintiffs' residence. 8. Defendant has not fulfilled the provisions of the contract. 9. Defendant wholly neglected to do and perform certain things which were expressly or by necessary implication required to be done and performed in an workmanlike manner, as follows: a. Rubber roof edges were not thoroughly sealed; b. Roof membrane not properly installed behind the siding; 1 c. Railings were not caulked and sealed to preclude leaks; and d. Flashing was not anchored securely. 10. Defendant failed and refused, and continues to refuse, to cure the aforesaid breaches, despite Phfmtiffs' repeated demands and requests. 11. Because Defendant refused to repair his defective work, Plaintiffs engaged a contractor to correct the defective workmanship of Defendant. 12. Plffmtiffs' costs of repairs are $1,055.00 (See Exhibits "B" and "C"). WHEREFORE, Plaintiffs demand judgment against defendant in an amount of $1,055.00, with court costs and interest from July 16, 2001. Dated: ~~_~ ~. Respectfully submitted: COYNE & COYNE, P.C. By:. ~ 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. Attorney for Plaintiffs VERIFICATION The facts set forth in the foregoing Complaint are tree and correct to the best of the undersigns' knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A.. § 4904. Dated: Dated: FRANK M. SAJER -- t? Rooftng Decl~s ,¥idi~g Additions TO Donald Ui'Jteimer 149 Yori~ Road Sout~ Dilisburg, P/I 17019 PREMIER REMODELING (71~ 691-1747 PROJECT No DATF AUTHORIZED BY EXHIBIT "A" Ewing' Roofing Siding Soffit Seamless Spouting All Types of Roofing 1425 Spanglers Mill Road Camp Hill, PA 17011 ., Inyoice Invoice Date: 7/16/01 Invoice Number: 18573 Customer: Phone: 717-761-6960 - Frank Sajer 140 Rodney Lane Camp H~ll, PA 17011 Fax: 717-761-6138 Customer PO ! Payment Terms Sales Rep ID Due Date Net 10 Days Ewing, Chades B. I 7/26/01 Descfimion Labor and Material: I Amount 1. Remove the existing rubber and insulation from the rear flat roof. ~. Mechanically fasten 112" recovery board to the decking. 3. Adhere Carlisle .060 rubber to the insulation. ¢. Install white aluminum edging. 5. Flash the edging, posts and walls. / k Clean up and dispose of debris. I 990.00 ~ Check No: Total Invoice Amount Less Payments Received TOTAL DUE THIS INVOICE 990.00 990.00 1.5% per month sauce charge will be charged on all past due balances. Ewing Roofing is a Subsidiary of Spangler Mill, Inc. EXHIBIT "B" Customer: Ewing..Roofing Siding Soffit Seamless Spouting All Types of Roofing 1425 Spanglers Mill Road Camp Hill, PA 17011 Phone: 717-761-6960 'Frank Sajer 140 Rodney Lane Camp Hill, PA 17011 Fax: 717-761-6138 . Inv..oice Invoice Date: 10/2/01 Invoice Number: 18901 Customer PO Payment Terms . Sales Rep ID I Due Date Net 10 Days I Ewing, Charles B. I 10/12/01 Description ealed railing Amount 65.00! Check No: Total Invoice Amount Less Paymems Received TOTAL DUE THIS INVOICE 65.00 65.00 1.5% per month service charge will be charged on all past due balances. Ewing Roofing is a Subsidiary of Spangler Mill, Inc. EXHIBIT "C"  '~ In the Court of Common Pleas of Cumberland County, Pennsylvania -'fl ~ ! ~./ ~. P~ ~- - Prothonotary SHERIFF'S RETURN - OUT OF COUNTY ©ASE NO: 2002-03130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SAJER FPJiNK ET AL VS ULZHEIMER DONALD ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: ULZHEIMER DONALD T/D/B/A PREMIER REMODELING , Sheriff or Deputy Sheriff who being search and but was unable to locate Him in his bailiwick. deputized the sheriff of YORK County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On July 16th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 36.06 .00 73.06 07/16/2002 COYNE & COYNE R./Thomas Kllne / Sheriff of Cumberland County Sworn and subscribed to before me this 2~ day of ~ ~A.D. / Prothonotary~ - YORKTOWNE BUSINESS FOMRS · 717 225 0383 · FAX (717) 225-0367 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST.. YORK. PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 2 THRU 12 DO NOT DETACH ANY COPIES t. P *,NT, FE,S, CO T_¥ y F~a~k M. Sajer et al 4 TYPEOFWRITORCOMPLAINT ]tice ~nd CcnTplaint 3 DEFENDANT/S/ Donald Ulzheimer t/d/b/a Premier Remodeling SERVE ~ 5. NAMEOFINDIVIDUALCOMPAN~CORPORATON, ETC TOSERVEORDESCRIPTIONOFPROPERTYTOBELEVlED, A~FACHED, ORSOLD. Donald Ulzhelmer t/d/b/a P~emier Remodeling 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APL NO., CIT~, BORO, TWR, STATE AND ZIP CODE) AT 149 South York Road Dlllsburg, PA 17019 7. INDICATE SERVICE: ~ PERSONAL [J PERSON IN CHARGE ,~'DEPUTIZE ~GLOFRI~n~ Q ST CLASS MAIL LJ POSTED Q OTHER NOW July 2 ,20 02 I, SHERIFF OF ~ COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute~ake return t.b~,r4f, j;~. ccording to law. This deputization being made at the request and risk of the plaintiff. -./'~ ~,¢..¢*'P'¢'~-.,~ //~"~_2. ~ SHERIFF OF"',~IIx'~OEIr-TT~ --' 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C~nberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVEN/OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9 ~PENAMEandADDRESSofA~ORNEY/ORIGINATORandSIGNATURE 10 TELEPHONE NUMBER 11 DATEFILED COYNE & COYNE PC 3901 MARKET ST. CAMP HILL, PA 17011-4227 737-0464 7-1-02 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be ~mplet~ if noti~ is to be mailed). CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. lacknowledgereceiptofthewrit Ro AHREN$ 14 DATE RECEIVED 15, Expiration/HearingDate or complaint as indicated above. 7- 9- 0 2 X X X X X X X ~ 7- 31- 0 2 HOW SERVED: PERSONAL RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE OTHER ( ) SEE REMARKS BELOW 17. [~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks beloW.) AME ANDIITLE OF INDIVIDUAL SERVED / LIS~'ADDRESS HERE ~F NOT SHOWN ABOVE (Rela ionsh p o ETd endan ) 19. Date of Service 20 lime of Service 2 A~'EMPTS ,[[at~ T~I~ I Miles I ~/'l Date I Ume Miles Int Date Ume Miles Int Da e Ume M es n Date T~me Miles Int Date T~me Miles int. ggREMARKS:I''//IIF--fi' I I I I I I I I I I I I I I I I I I I I 23. Advance Costs 24 Service Costs 26. Mileage 75.00 34. Foreign County Costs Advance Costs 36. Service Costs 28.34,06Sub Total 29. Pound 302o00Notary 37. Notary Cert. ] 38. Mileage/Posted/Not Found 41. AFFIRMED a,~ ~su~bscribed to before me this 12 42. day of James M Vang~n, N~ PUDII~ City of Yo~, York Cou~, PA 50. ~ ACKNOWLEDGE RECEIPT OF THE SHERIFF'S R~URN SIGNATURE OF AUTHORIZED ISSUING AUTHORI~ AND TITLE Surchg 32. Tot. Costs 38.94 31 36.06 33 C0sts Due oll~J Check No. I 39. Total Costs I 40. Costs Due or Refund SO ANSWERS 44 Signature of ~..~...y~ 45 DATE ~ Bop. Sheriff "7 - / 46. Signature of York ,// ~/~ ~ / 47. DATE County Sheriff v ~//' ' '//~ 7-12- 0 WILLIAM M. HOSE ...w~"'~/ff"~~ - ~CountySignatUreShedff°f Foreign .... 49. DATE 51. DATE RECEIVED WHITE - Issuing Authedty ? PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE ShedfCs Office No. Fi/ed Term, 19 VS. PRAECIPE 19__ , Atty.