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Home My WebLink About02-3200COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT CQMMOflP''ASN~ ~.Z. ~O'O NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Corm.off Pleas an appeal from the judgment rendered by the District Justice o~ the .~Gi'~ and in the cme mefltionod belo~ JOAN MARTIN ~ARLES A. CLieNT, ~ ce ~u~ c,Y S~A~ Z~ cce~ 61 ~ZEL'S DAM ~OAD T~NDISBU~O PA 17040 2002 ~,,, ~ ~ o.,~ ~ ~,, ~,, ~,., u~ ~ ~,~,. ~ , ~ ~ ,,~ ~. ~.~.~.,.~. ~o. of A~I, ~ ~ ~ ~ ~s~ ~sfice, ~11 ~ ~ a l~in~O~ctJ~t~e,~ST ~ER~DEAS ~ ~ j~ ~ ~s~ in this case FILE A C~PLAINT within t~ (20) da~ afl~ filing h~ ~CE of A~AL. ~ ~ ~ot~y ~ ~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Th~s sactk~ of fom~ to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before Dislrict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon al~eellee). PRAECIPE: To Prothonotary Enter rule upon ~I]STOM PATIO P,O~MS OF CEI~TP, AL PA , appdlee(s), to file a compleint in ~is appeal Name c~ (CommouPleasNcx ~.- .~.O~ )withlntwenty(20)daysaftef~,~~udgmentofnoupeo~ Il} You ~'* no~ifi~ tim* ~ role ~ ~ ~ ~ ~ ta file a com~int in thb ol~:~l within t~ 120} ~* ~ I'~ d~, of service of this rule ulxm you by porso~l sen, ice or by certified or registered maiL (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) ~e date of seevice of this rule if service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: I hereby swear or affirm that I served [] 8_ copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of ser*/~e); . ..... , [] by personal service [] by (certified) (registered) mail, sender's receipt attached' hereto, and 8pbn the appellee, (name) on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ...... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ...... Signature of affiant Signature of or,ida~ before whom a[/,,davk, cms made commission e~,,ptres on PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~F"~_~__~D SS AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. 02-3200 ....... upon the District Justice designated therein on [] (date of service)_,,.~.~]:~_ 8, 2002 ...... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) cusp:om 2a~:±o Rooms o£ Cent:t'al PA on .July 8 2002 [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, [] a-nd further ~hat I~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule wa? addressed on [] by personal ser~'ice [] by (certified) (registered) mail, sender s receipt attached hereto..,//'"'¢/~ _/.~/'/ THIS OF J~12' . 2002 .~' __1 ~-"~. , Signature USE · Comp~ itlM 1, 2, md 3. Aieo ~ I~ 4 If Fleatd~ Ddvam/ie cl~. ClJST(If PATIO KXIIS OF C:~r'X~A). PA 46O9 (~TTYSBUB~ RD MECHAJIICSBURf~ PA 17()55 ~r.~,~ ~ ~ Af~ ! !7000 ~ 1~30 ! 0O02 ~69~ ! 69~4: PS F°rm 3811, Ma'ch '~)1 ~,' . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUM~ERLA_N-D NOTICE OF JUDGMENT/TRANSCRi DJ Name Hon.09- z- oz ?NT FF: CIVIL CASE PT CUSToI~ PATIo ~MS OF C~ PA ~ O~B40~ ~m~TO~ ~ONsST~ET ] ~ICSB~G, PA 17055 ~ C~E~' -SUITE 3 = ~717) 774-5989 PA 17070 JOAN MARTIN RR2, BOX 858 LANDISBURG, PA l?0i0 THIS IS TO NOTIFY YOU THAT Jodgmejt ................. DEFENDANT: VS. ~MARTIN, JOAN RR2, BOX 858 LANDISBURG, PA 17040 h Date Filed: C~~ -J ~ Judgment was entered for: ~ Judgment was entered against: (Name) . i -'J -. - . ; - ] -- . (Name) in the amount of $ ~ on: (Date of dUdgment) ~ Defendants are jointly and severally liable. (Date & Time) Damages will be assessed an: ~This case dismissed without prejudice. Amount of Judgment Subject to ~ Attachment/Act 5 of 1996 $__ Levy is Stayed for~ days or ~ generally stayed. Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 72.5_ $ $-- _ ~ Objection to levy has been flied and hearing will be held: OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAs, CIVIL DIVISION. YOU r ~ ~=M rile ENTRY OF JUD,G~ENT BY FILING A NOTICE .MUST, J_~U .~..~ ~2002DateINcLUDE A COPy ~~.~,~,z,OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM. 'WITH ..... . ,,.,~,~YOUR NOTIC E..~F~ APPEAL AMoYp;°~.lme.r. gi~Sion exp,res first Monday of January, 2008 SEAL Post Judgment Credits $ Post Judgment Costs F===-'-=====~$ ~/ Certified Judgment Total _ John DeLorenzo, Esquire Attorney I.D. No.72190 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 CUSTOM PATIO ROOMS OF CENTRAL PA, rNC., Plaintiff, VS. JOAN MARTIN, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 02-3200 : JURY TRIAL DEMANDED NOTICE TO PI,EAr~ TO: Joan Martin 61 Wentzei's Dam Road Landisburg, PA 17040 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 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 Plaintii~. You may lose money or property or other fights 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le han demandado a usted en la core. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y pot cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 GOLDBERG~ & SHIPMAN, P.C. By: $ohn/DeL0refizo, E~quire I.D. #72190 320Mark~ S~eet, P. O. Box 1268 Harrisburg, PA17108-1268 (717) 2344161 Attorneys for Plaintiff Date: John DeLorenzo, Esquire Attorney I.D. No. 72190 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 CUSTOM PATIO ROOMS OF CE~: IN THE COURT OF COMMON PLEAS VS. JOAN MARTIN, Defendant. PA, INC., ' CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : : CIVIL ACTION - LAW : : NO. 02-3200 : JURY TRIAL DEMANDED COMPLAINT Plaintiff, Custom Patio Rooms of Centrai PA, Inc., by and through its counsel, Goldberg, Katzman & Shipman, P.C., alleges the following in support of this Complaint: 1. Plaintiff is Custom Patio Rooms of Central PA, Inc. ("Custom Patio") is a Pennsylvania business corporation with its office at 4609 Gettysburg Road, Meehaniesburg, Pennsylvania 17055. 2. Defendant is Joan Martin ("Ms. Martin"), an adult individual with an address at 61 Wentzel's Dam Road, Landisburg, PA 17040. 3. On or about May 7, 2001, the Defendant entered into a Sales A~reement (the "Contract") attached hereto as Exhibit "A" with Custom Patio for the installation ora patio room (the "Patio Room"). 4. Under the ters~ls of the Contract, which speaks for itself, Custom Patio would provide and install the type of room specified in the document in return for monetary payment. 5. Custom Patio performed all services and provided all the goods required of it under the Contract, and satisfied fi~lly all of its contractual obligations to the Defendant. 6. The Defendant has failed to adequately pay, pursuant to the Contract, for the goods and services rendered by Custom Patio for her benefit. 7. The Defendant is indebted to Custom Patio in the amount of two thousand, five hundred dollars ($2,500.00). 8. Bills and letters submitted to the Defendant demanding such payment are attached hereto as Exhibit "B'. 9. Despite Custom Patio's demands, Defendant continued to fail to pay the amounts due and owing. 10. This debt increases daily as the Contract contains an interest clause and provisions for the payment of attorneys' fees. 11. After repeated demands for payment were met with no action on the Defendant's part, Custom Patio filed an action against Ms. Martin with the District Justice. 12. A district justice hearing on the action was held on June 11, 2002. 13. ARer ~uch hearing, the District Justice awarded Custom Patio three thousand, one hundred twenty dollars ($3,120.00). The Notice of Judgment is attached as Exhibit "C". This amount includes the $2,500 amount, plus interest, costs and attorneys' fees. 14. The Defendant filed a timely appeal of this Judgment. -2- 15. Custom Patio now hereby files this Complaint. 16. forth in full. COUNT I The allegations of paragraphs 1 through 15 are incorporated by reference as if set 17. The Defendant's failure to pay for the goods and services constitutes a breach of the Contract. 18. The Defendant has failed to adequately pay, pursuant to the Contract, for the goods and services rendered by Custom Patio for her benefit. 19. The Defendant is indobtod to Custom Patio in the amount of two thousand, five hundred dollars ($2,500.00) plus interest, costs and attorneys' fees. 20. The Contract contains a clause for arbitration of disputes. Accordingly, the court should appoint Arbitrators in accordance with the provisions of the Contract. WHEREFORE, PlaintiffCustom Patio respectfully requests that the Court enter judgment in its favor and against the Defendant in the liquidated amount of two thousand, five hundred dollars ($2,500.00), plus interest, costs of suit, including reasonable attorneys fees, and whatever other remedy this Court deems just. COUNT H 21. The averments contained in Paragraphs 1 through 20 are incorporated herein as if set forth in full. 22. Custom Patio has conferred a benefit upon the Defendant by providing a Patio Room to Defendant. 23. The Defendant has failed to appropriately compensate Custom Patio for these goods and services, despite the benefit conferred upon the Defendant. 24. It would be patently unjust for Custom Patio to confer upon the Defendant the benefits of the Patio Room without receiving adequate compensation. 25. Plaintiff requests compensation on a quantum meruit basis for the benefit conferred upon the Defendant, and suggests the outstanding amount due and owing by the Defendant, two thousand, five hundred dollars ($2,500.00), as adequate compensation for the goods and services conferred. WHEREFORE, Plaintiff Custom Patio respectfully requests that judgment be entered in its favor and against the Defendant plus interest and costs of suit, including reasonable attorneys fees, as well as whatever other remedy this Court deems proper. DATE: 82017.1 GOLDBERG, KATZMAN & SUIPMAN, P.C. Attorney I.D. #72190 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff 4609 Gettysburg Rd., Mechanicsburg, Pa. 17055 Phone (717) 975-9291 Fax (717) 975-9292 York 843-9900 Lancaster 293-9880 Lebanon 272-6850, Reading 610-376~8180 DATE: ~'/'l JOt SALES AGREEMENT r~r, ~.to he leg~ly ?and. hcre~y e~ploys ~u~m ~o ~o~ to ~o~ me work ~ ~low, m a~r~ce ~th ~ s~tio~ ~,~ ~d ~ls ~bly . LwOrK) II ~, ~ I 1~(~5) / ~PRO~ I Dj . . . . ' R~F CE~G: ~M ~%l ~GHT WIDT WALL S~ ~OR PANELING: [ ] ~ DU~ SL~G ~R-L~NG P~O~ ~CUS~MS~o~ ~,.~w~ WI~LSC~NS, L ORPANEL ELECTRI~PRE ~ ,~.,~" t -K:'~ISOM: GLAS$O ORPANEL' l~E"q ~ ~[~_ Dr~.nUAL SLIDING INTER-LOCKING WINDOWS WITH FULL ~ KNEE WALL: GLASS O I. Costoflmprovcment$ 11-~ ~"OO" 4L Ll ..... ~ 2, s,ues T~ $ ~ i m,t,a~ investment $ / av~_ 7. Dueu~n.m~lation$ ~' 3. To~ lavesWaent $ -- ./q~__~GV,).'v 5. Unpaid Balance $ ~ 'Q¢~O.~. ^uaonz~ ^gem, Custom P~io ~oom* of Centrm ~A -- ~ S~gna~~~ Y Date~ ~ Si~a~~~m r~ni: ".You, th~ buyer may can~el this purchase any time prior o midni t ' · ' non form for an explananon of this right.' gh of thc third business day after the date of purchase. See attached notice of eancella- NOTICE OF CANCELLATION You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negot able nstrument executed by you will 1. BUYER WARRANTS that this contract is signed without any reliance upon any representation or promise of the contractor or his agents except as is specifically written on the face of this contract, arid that no such promise or representations have been offered as an inducement for signing, it being the intent and agreement of the parties that this contract constitutes the entire agreement and under- standing of the parties. 2. LIMITATIONS AND DISCLAIMER OF IMPLIED WARRANTIES. There are no warranties, expressed or implied, of mer- chantability or fitness for a particular purpose or otherwise which extend beyond the description on the face hereof given at time of sale. 3. ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association of Pennsylvania or the Better Business Bureau, with the hearing being held in Harrisburg, Pennsylvania at a mutually agreed upon location, and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If Custom Patio Rooms of CentraI PA prevails, Buyer agrees to pay all costs including but not limited to legal fees and collection costs to All Seasons Patio Rooms 4. DAMAGES FOR BREACH OF CONTRACT. Because the products purchased are custom made, if the buyer cancels this order after the time allowed by law and the products purchased hereunder have been produced, buyer agrees contractor shall be entitled to 33% of the contract price, plus attorney fees of 15% if attorney is used for collection. 5. COLLECTIONS COSTS. The entire balance is due and payable upon instafiation unless otherwise specified in the body of the contract. A finance charge of 1-1/2% per month will be added to any outstanding balance. The finance charge begins from the date of installation. 6. VENUE. The County of Cumberland in the Commonwealth of Pennsylvania is hereby designated as the place of trial for any action or proceeding arising out of or in connection with this contact. 8. CONDENSATION is a natural result of moisture in the home and may vary with changes in temperature or humidity and does not indicate a defective or faulty installation or product. No warranties can be made that this will not occur. Additional information is available upon request. 9. ADDITIONAL WORK DISCLAIMER. Unless otherwise specified in this contract, no painting or staining of any kind will be included, and no electrical, no electrical box or service connections, plumbing, heating, air conditioning or any other items not stated in this contract, ffany governmental agency or building official requires additional work other that what is stated in the contract, it will be the Buyer's responsibility to have said work performed at Buyer's expense. I 0. CONCEALED CONDITIONS. The contract price does not include actual expenses incurred by Custom Patio Rooms of Central PA as a result of concealed, unusual or unknown conditions affecting the performance of the work to install the sunroom and otherwise perform under the contract. Buyer agrees that the contract price shall be adjusted to equitably cover any additional costs for work performed by Custom Patio Rooms of Central PA said adjustments, if performed by Custom Patio Rooms of Central PA shall be reflected in a change order to be executed by the Buyer. Buyer has the option to do this work, contract with another party or have Custom Patio Rooms of Central PA perform the work at any additional cost to Buyer. 11. EXISTING STRUCTURES. No warranties can be made as to soundness or structural integrity of existing roofs, slabs, decks, brick, block, stone, wood or frame kneewalls. 12. EXISTING SIDING AND SHINGLES. Custom Patio Rooms of Central PA cannot guarantee to match siding and shingles exactly, since dye lots and availability from manufacturers are subject to change without notice. 13. PERMITS. Where required homeowner is to obtain any necessary permits. Custom Patio Rooms of Central PA will provide room plans upon request. Note: Some municipalities may take several weeks to issue a permit. 14. CEMENT WORK. Cracks in cemenr slabs, block work and footers are a natural result ofsh rinkage and settling. No warr;nties can be made that cracking will not occur. Color on new mortar joints, cement block, or brick will not match. Due to equipment that may be used, excessive tracking or wear on yard may occur. 15. SCHEDULE DELAYS. Seller shall not be held liable for delays caused by strikes, weather conditions, delay in obtaining materials, or other causes beyond its control. 16. SERVICE. Custom Patio Rooms of Central PA will provide free service for one year from date of lnsrallarion. 17. ELECTRICAL WORK. No electrical hook up or connections will be made. No boxes or housing are supplied. Prewires may be done if specified in the body of this agreement, and price included in contract by Custom Patio Rooms of Central PA. GOLD B ERG, KATZMAN SHIPMAN, P.C. January 29, 2002 Joan Martin RR2, Box 858 Landisburg, PA 17040 RE: Custom Patio Homes of Central PA Dear Ms. Martin: Please be aware that this office represents Custom Patio Homes of Central PA. To date, you have an outstanding debt with Custom Patio Homes of Central PA of $2,500.00. Custom Patio Homes of Central PA has attempted to resolve this debt to no avail. Accordingly, this letter is an attempt to collect a debt and to provide notice of intent to file a claim in a court of competent jurisdiction if the full amount of the stated debt is not received immediately. If you dispute the debt, please notify us within thirty (30) days after receiving this notice. If payment terms are required, please contact us to discuss such a plan. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Thank you for your attention to this matter. JD/rkr 74684.2 CC; Lisa Chenelle Sine'erelY~? John DeLorenzo COMMONWEALTH OF PENNSYLVANIA ;OUNTY OF: CUMBERLAND Mag, Dist. No.: 09-1-01 DJ Name: Hon. CHARLES A. CLEMENT, JR. Add,ess: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717) 774-5989 17070 ATTOP/~TEY FOR PLAINTIFF .' ~LDBERG, KATZMAN & SHIPMAN, J. LORENZO, ESQ. 320 MARKET ST / POB 1268 HARRISBURG, PA 17108-1268 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) P.O. NOTICE OF JUDGMENT/TR/ ,NSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 4609 GETTYSBURG RD MECHANICSBURG, PA 17055 VS. DEFENDANT: NAME and ADDRESS rMAKTIN, JOAN RR2, BOX 858 LANDISBURG, PA 17040 Docket No.: CV-0000202-02 [ Date F ed: 4/08/02 FOR PT,ATNTIFF t4A~?TN~ JOAN in the amount of $ on: (Date of Judgment) --]Defendants are jointly and severally liable. (Date & Time) ---]Damages will be assessed on: ~--} This case dismissed without prejudice. ~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~'] Levy is stayed for__ days or F'-'] generally stayed. ~ Objection to levy has been filed and hearing will be held: Amount of Judgment $ 3,047.50 Judgment Costs $ 72 o 50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,120.00 Post Judgment Credits $. Post Judgment Costs $. Certified Judgment Total Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CI~L DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRiPT FORM WITH YOUR NOTICE OF APPEAL. JUN ll 2002Date ~ ~. ~~/~--~. , ,District Justice II certify that this is a true and correct copy of the record of the proceedings containihg the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2008 SEAL 71797~B292 CUSTOM:PATIO CENTRAL VERIFICATION I unde, iiand that anytfslse statements made herein s. re subject to pennlties of 18 Pa. C.S, Section 4904 relating to unsWom falsification to authorities. to the best of my knowledse, ~nformafion, and belief. action; that I have read the fo"Join8 documenI; that the hcts stated therein are true ~nd correct PAGE 01 I, Lisa Cl~nelle, he~-by authorize ~ I am an authorized employee of the Plairdiffin ibis CUSTOM PATIO ROOMS OF CENTRAL PA, INC., Plaintiff V. JOAN MARTIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3200 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO DEFEND 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, order 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 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 CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CUSTOM PATIO ROOMS OF CENTRAL PA, INC., Plaintiff V. JOAN MARTIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3200 : : CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH COUNTERCLAIM AND NOW, this 20th day of September, 2002, comes the defendant, Joan Martin, by her attorneys, Irwin, McKnight & Hughes, and makes the following Answer to Complaint with Counterclaim to the Complaint of the plaintiff, Custom Patio Rooms of Central PA, Inc.: 1. The awm~ents of fact contained in paragraph one (1) of the Complaint are admitted. 2. The avem~ents of fact contained in paragraph two (2) of the Complaint are admitted. 3. The averments of fact contained in paragraph three (3) of the Complaint are admitted. 4. The avem~ents of fact contained in paragraph four (4) of the Complaint are admitted in part and denied in part. The Plaintiffpromised the Defendant double-paned windows and then installed single-paned windows. 5. The averments of fact contained in paragraph five (5) of the Complaint are specifically denied. On the contrary, the Plaintiff constructed the patio room of the Defendant with serious defects which need to be repaired or corrected. 2 o The averments of fact contained in paragraph six (6) of the Complaim are admitted in part and denied in part. It is admitted that full payment has not been paid by the Defendant. It is denied that any more funds are required. 7. The avem~ents of fact contained in paragraph seven (7) of the Complaint are denied. It is denied that the Defendant owes any additional funds to the Plaintiff. There are structural defects which need to be repaired by the Defendant. 8. The averments of fact contained in paragraph eight (8) of the Complaint are admitted. 9. The averments of fact contained in paragraph nine (9) of the Complaint are denied. It is specifically denied that the Defendant owes the Plaintiff any additional funds. 10. The avemlents of fact contained in paragraph ten (10) of the Complaint are denied. On the contrary, the Defendant does not owe additional interest of attorney fees due to the defective work of the Plaintiff. 11. The averments of fact contained in the first paragraph (11) of the Complaint are admitted in part and denied in part. It is admitted that payment was not made by the Defendant to the Plaintiff. It is denied that any payment is owed to the Plaintiff. 12. The averments of fact contained in the paragraph twelve (12) of the Complaint are 13. The averments of fact contained in paragraph thirteen (13) of the Complaint are of no consequence. The Defendant's appeal entitles her to a de novo trial on the merits of the case. 14. The awnnents of fact contained in paragraph fourteen (14) of the Complaint are admitted. 15. The averments of fact contained in paragraph fii~een (15) of the Complaint are admitted. COUNT I - BREACH OF CONTRACT 16. The averments of fact contained in paragraphs one (1) through fifteen (15) of the Answer of the Defendant are hereby incorporated by reference and made a part of this Answer. 17. The avemients of fact contained in paragraph seventeen (17) of the Complaint are specifically denied. On the contrary, it is the defective work of the Plaintiff which needs to be compensated by the Plaintiff. 18. The averments of fact contained in paragraph eighteen (18) of the Complaint are specifically denied. On the contrary, the Plaintiff's work is seriously defective and the Defendant is not required to pay any additional compensation to the Plaintiff. 19. The averments of fact contained in paragraph nineteen (19) of the Complaint are specifically denied. On the contrary, the Defendant has no obligation to pay any compensation to the Plaintiff. The Defendant must repair the defective work. 20. The averments of fact contained in paragraph twenty (20) of the Complaint are denied. On the contrary, the Defendant seeks regular statutory arbitration in the Court of Common Pleas of Cumberland County, Pennsylvania. WttEREFORE, the Defendant, Joan Martin, requests that the Complaint of the Plaintiff be dismissed with costs and interest to the Defendant. COUNT II - QUANTUM MERIT 21. The averments of fact contained in Defendant's Answer to the Complaint contained in paragraphs one (1) through twenty (20) are hereby incorporated by reference and are made a part of this Answer. 22. The averments of fact contained in paragraph twenty two (22) of the Complaint are specifically denied. On the contrary, the work performed by the Plaintiff is defective and requires repair. There is no economic benefit conferred upon the Defendant. 23. The avem~ents of fact contained in paragraph twenty three (23) of the Complaint are specifically denied. There are no funds due to the Plaintiff by the Defendant. 24. The av¢iments of fact contained in paragraph twenty four (24) of the Complaint are specifically denied. On the contrary, no economic benefit to the Defendant will be conferred since the Defendant must make repairs to the home and no benefit was conferred from the Plaintiff to the Defendant. 25. The averments of fact contained in paragraph twenty five (25) of the Complaint are specifically denied. On the contrary, no benefits have been conferred upon the Defendant. WltEREFORE, the Defendant, Joan Martin, requests that the Complaint of the Plaintiff be dismissed with costs and interest to the Defendant. COUNTERCLAIM JOAN MARTIN v. CUSTOM PATIO ROOMS OF CENTRAL PAt INC. BREACIt OF CONTRACT 26. The avemients of fact contained in paragraphs one (1) through twenty-five (25) of the Answers to the Complaint are hereby incorporated by reference. 27. The Plaintiff through its employees, verbally demonstrated and promised to install double-paned windows. Single-paned windows were actually installed. This constitutes a breach of contract for which the Defendant seeks damages from the Plaintiffbeing the difference in costs between single and double-paned windows. 28. The construction performed by the Plaintiffis defective. Attached to this Counterclaim and marked as Exhibit "A" is an inspection report from Harry M. Taylor, inspector for the Middle Depaxhnent Inspection Agency, Inc. He outlines concerns which impair the structural integrity of the construction. The Defendant seeks damages to correct the problems outlined in the attached report. 29. The Plaintiff has violated the Pennsylvania Unfair Trade Practice and Consumer Protection Law (73 PS Section 201-1 et seq.). The Defendant seeks three (3) times the actual damages sustained together with costs and reasonable legal fees from the Plaintiff. WHEREFORE, the Defendant, Joan Martin, seeks damages against the Plaintiff in an amount less than Twenty-Five Thousand and no/100 ($25,000.00) Dollars with reasonable legal fees, costs, and interest as pelmitted by law. Date: September 20, 2002 Respectfully submitted, IRWIN, McKNIGHT & HUGHES (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for the defendant EXHIBIT A Middle Department Inspection Agency, Inc. 3901 Hartzdale Drive ~ Suite 112 Camp Hill, PA 17011 (717) 761-5340 (800) 382-1438 September 3, 2002 Joan E. Martin 61 Wentzels Dam Rd. Landisburg, PA 17040 Re: 61 Wentzels Dam Rd. Landisburg, PA 17040 To Whom it May Concern: Joan Martin This letter is in response to your request for a survey of the remodeled porch system at the above referenced location. I conducted the survey at the above referenced location on August 12, 2002, The existing porch and the remodeled work was complete when I checked the job. I was unable to verify most all of the work. The following items I found to be in concern. Item #1 The existing structure had 4X4 bearing the roof, and Porch floor spaced approximately 8" apart. I found the header board that carried floor joist should be doubled, or tripled depending on the length. The ones that was there was smaller then a 2x. When the work was done the 4x4 that carried the roof load was cut of, and small metal channels to hold the sun glass was used, and are supporting the roof load. I was unable to find any manufactures spec. that gave any load bearing that would carry the roof load. The problems that you informed me of was do to settling. The section were the hot tub was setting seamed to be ok. This is because who every put the tub in had reinforced the structure If you have any further questions, please feel free to give me a call. Sincerely Harry M. Taylor VERIFICATION The foregoing Answer with Counterclaim is based upon information which has been gathered by counsel and myself in the preparation of this action. I haverhead the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. JO~ ~,] ~LAJRTIN Date: SEPTEMBER 20, 2002 CUSTOM PATIO ROOMS OF CENTRAL PA, INC., Plaintiff V. JOAN MARTIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3200 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Answer with Counterclaim was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: John DeLorenzo 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Date: September 20, 2002 By: IGHT & HUGHES /Marco's A.~~ 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Altm'ney LD. No. 72190 OOLDBERO, KATZMAN & SHIPMAN, P.C. 320 Masket Street P.O. Box 126g Han~bm~ PA 1710g-126g Telefd~me: (717) 234-4161 CUSTOM PATIO ROOMS OF CENTRAL PA, INC., Plaintiff, VS. JOAN MARTIN, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 02-3200 : JURY TRIAL DEMANDED ANSWER TO COUNTERCLAIM AND NOW, comes the Plaintiff, Custom Patio Rooms of Central PA, Inc., through its attorneys, Goldberg, Katzman & Shipman, P.C., and by way of Response to Defendant's Counterclaim and avers as follows: 1 - 25. Plaintiffincludes by reference paragraphs 1 through 25 of its Complaint as if fully set forth herein. 26. No response is required to this averment. 27. Denied. By way of further answer, the contract at issue was written and included aH terms and conditions of the sale. 28. Denied in Part. Plaintiff denies that the construction performed by the Plaintiff is defective. The remaining ave,,,ents contained in this paragraph constitute 29. conclusions of law to which no responsive pleading is required. To the extent a response is required, the averments are denied. By way of further answer, Defendant attempts to mis-characterize the "Report" attached to her Counterclaim. Specific proof of these averments is demanded. The avel~ssents contained in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is required, the averments are denied. Specific proof of these aveiiiients is demanded. WHEREFORE, Plaintiffrespectfully requests that the Defendant's Counterclaim be dismissed and that Plaintiffbe awarded costs and other remedies as the Court determines are just. Date: 85396.1 Respectfully submitted, GOLDBERG, KA~N~ SHIPMAN, P.C. BY:~ I~'eL~~r e~__, E s~qu ire ID~: 72190 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff 2 CERTIFICATE OF gERVIC~ I certify that a true and correct copy of the foregoing document was served upon the counsel of record, listed below, by first class mail, postage pre-paid on the date noted below: Marcus A. McKnight, III, Esq. Irwin, McKnight and Hughes 60 West Pomfret Street Carlisle PA, 17013 Date: Goldberg, Katzman & Shipman, P.C. John DeLorenzo, Esquire ID#: 72190 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff CUSTOM PATIO ROOMS OF CENTRAL Plaintiff, VS. JOAN MARTIN, Defendant. RULE 1312-1. PA, INC. , : . : : ; : : : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO'OR-3200 CIVILACti°n 19 The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HO~o~nR~e~Eo~enT~z oJ.U~.,GES OF SAID COURT: , sq. Goldberg, Katzman & Shipman, P.C.. respectfully represents that: , counsel for the plaintiff/defendant in the above action (or actions), ,1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 3,120.00 plus interest, costs of suit and The counterclaim of the defendant in the action is an amount f~ss than $25,000.00, reasonable legal fees, costs and interest' The following attorneys are interested in the case(s) as Counsel or are otherwise disqualified to sit as arbitrators: Marcus A. McKnight, III, Esq. of Irwin, McKnight & Hughes; John DeLorenzo, Esq of Goldberg, Katzman & Shipman, P.C. reasonab attorne fe WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT unsel for Plaintiff , 'l-ga~:~ in consideration of the ~ , Esq., are appointed arbitrators in the above captioned Zon (or By the ~