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Home My WebLink About94-04136 . . " , , ,I 'I' " , I! ;1 ii" '" .' , ~ J " .' i,'. I' I I " , . " I' '. ," '. " ,', . .. \ (1 ....1 ~I JI ;', , . 1'1 . ~ . ~ ~ co '~ ~S.. ..... ~ " .. yJ r." c,;,.,.., ~.c..)..t; ~o t:).~. ,..~, -.r.. ~~ I' .',.n . ,I L ,.~, Z. ., ~~.~~ N l'%'. - . ;:) '1. c~ g <:-, - ~ ~~ ~~~~ ~ ,~ ~ ~ i ~~ill~ (/)~~~ E C:J:J:J ll::S%lll 0( ffi_ ~ ~~ \JJ . '" 'Ii ", ',.",. . .. . . " ."., ... - DGLB BROS., INC.' , = IN THE COURT OF COMMON PLBAS OF Plaintiff = CUMBERLAND COUNTY. PBNNSYLVANIA . , I I . v. . No. 94-4136 CIVIL TBRM . . . GB'l"l'YS BUILDBRS, INC. . CIVIL ACTION - LAW . Defendant . . . NOTICE You have been sued in court, If you wish to detend againlt the claims set torth in the following raROS, you must talte action within twenty (20) days after thiA cIlInr1aint ,'nel notico lire Ael'ved. by entering a written appearance perHono] ly or by on nttornoy nnd filinB in writing with tha court your defellReR or 00.1 ection<< Co tho claims set forth againlt you, You an warned th:1 t I r you I' 'Ill to do AO the case mnv proceed without you and a judgl1l1.!1lt may III' <'l1tercd 3gainst you by the court withou further notiGe fur Ilny mon.,y c.laimed iu the comp,laint or for any other claim or rcl ipf !'I'i1I1CRtC<! ty the pin fntHr. YOll may lo.e money 0:- pronerty or othcr rl.ght~ IOlpOI'l:lnl to you, YOU SHOULD TAKE THIS PApl.:n TO YOlll! l.AHYER AT ONCE, IF YOU DO NOT HAVE A LAl-IYER OR CANNOT ^F"OR~1l ON~, GO 1'0 OR rliLEPIlONE THE OFFICE SET FORTH BELOW TO FIND OUT Wl!ER~ Y<111 CAN r.ET Ur.AJ, HELP, Court Admins tratol'. 4th Cumberland County Court Carlisle, Pennsylvania l'olephonc: 717-240-6200' l'loor House \. " . ENGLE BROS. , INC. , . IN THE COURT OF COMMON PLEAS Plaintiff . OF CUMBBRLAND COUNTY, PENNSYLVANIA . v. . NO. 94-4136 CIVIL TBRM . GBTTYS BUILDBRS, INC. . CIVIL ACTION - LAW Defendant . COMPLAINT 1. The Plaintiff, Engle Bros., Inc., is a Pennsylvania Corporation having a place of business at 4920 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Gettys Builders, Inc., is a Pennsylvania Corporation maintaining a place of business at 1901 State Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. By Invoice No. 014950 dated July 20, 1993 the Plaintiff billed the Defendant the sum of One Hundred ($100.00) Dollars for carpet on steps to be repaired at the Pasquini property which work had been previously performed by Plaintiff at the request of Defendant. 4. By Invoice No. 014973 dated July 27, 1993 the Plaintiff billed the Defendant the sum of Two Hundred Fifty-Four ($254.00) Dollars for installation of a ceramic tile backsplash at the property of Kathy Calta which work had been previously performed by Plaintiff at the request of Defendant. 5. By Invoice No. 015487 dated December 9, 1993 the Plaintiff billed the Defendant for the installation of floor covering at the Gary and Sue Sipe property in the amount of Four . Thousand Nine Hundred Twenty-One Dollars and Forty-One Cente ($4,921.41) which work had been previouely rr.~formed by Plaintiff at the requeet of Defendant. 6. The total amount billed to the Defendant by the Plaintiff for the various projects noted above ie Five Thousand Two Hundred Seventy-Five Dollare and Forty-One Cents ($5,275.41). 7. All invoices of the Plaintiff bear a finance charge of two percent (2') which the Defendant wae advised of and agreed to pay for any amounte past due. 8. The late chargee equal Three Hundred Sixty-Three Dollare and Ninety-Three Cents ($363.93). 9. The Plaintiff has incurred court coets to date of Bighty-Two ($82.00) Dollare in entering an action before the Dietrict Juetice for a collection of the aforesaid obligatione. 10. Although Plaintiff has requeeted that Defendant pay the aforeeaid eums, Defendant has refused to pay eame. 11. Defendant'S chargee for the work and materiale cited above were agreed to by Defendant and the materiale and in.tallation was performed in a good and workmanlike manner and requeeted by the Defendant. 12. Defendant will incur attorney'e fees in collection of the aforeeaid debt in the amount of One Thousand Eight Hundred ($1,800.00) Dollars. WHEREFORE, Plaintiff demands judgment againet Defendant in the amount of Seven Thoueand Five Hundred Twenty-One Dollars and f BNGLB BROS., INC., I IN THE COURT OF COMMON PLEAS or Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 94-4136 Civil Term 1994 I GE'l"l'YS BUILDERS, INC., I CIVIL ACTION-LAW Defendant I STIPULATION or COUIISBL Counsel for Plaintiff, Edward S. Finkelstein, Esquire and counsel for Defendant, David H. Stone, Esquire, hereby consent and stipulate to the followingl That Plaintiff may obtain a default judgment ~gainst Defendant in the amount of $7,521.34 together with interest from July 12, 1994. 'r4 5-;::LiC- ~rd S. Finkelstein, Esquire Attorney for Plaintiff /~ ~~n i4Uire y for Defendant ..,.. It n r :t u: .L: U1 IU (J\ "&. ~ ~ ~ '8. ,...., ..." UJ lJ) ~ ()J ," ""." c -.: ., ,~II' " J: """, ~~J", , .,,1 ", -c po ~, ' ''':.&.4.'' ..; 1';.I.x.....l ... J.! ...o(.')~ "'" ~ ;:t. Z,-,Zn ...r .J. i;~:'::t'ft iI '- ~= tJ<< PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COM AINT 1:' 1/1 ti ~ -0 o ~ -(; , / TIllS /lltJQI of .HU'Ii,CfJ MUS T DE Fit. ED W/HIIN TEN ( 10/ OA YS AF rEf~ 'II",!) rho nor/ell of ilpp6ill ChlKk lippi/cable bOJUls) COMMONWIALTH OF PENNSYLVANIA COUNTY OF __._.___________.___.___..h_..____._. ,II AFFIDAVIT: I hell'by ,wellr or alllrm Ihallserved [1 it copy olltlO NullcU 0' APPtHlI, Common Pions No ______. upon the Dletrict Justice desIgnated therein on rda,. ol.er~lc.) ,19_. 0 by per.onol .erVlce 0 by (cerlllled) (reglslered) mall. .ander's receIpt attached haretn. And upon the nppollee, (nnm,,) _________ ,onl ____.19 n by personal .orvlce 0 by Icertrlled) Ireglstered) mall. .ender's receipt Rnached hereto_ o and lurthor thot I.orved Ihe Rule 10 File 0 Complaint accompnnyln9the obove Notice 01 Appeal upon tha appelleels) to whom the Rule was addressed 0" _____.__, 19___ 0 by, personal servlca 0 by (cerlilled) (registered) mall. .ender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF . 19_ SIgn.fUf. Of '''"nt Srgnllur. QI O"lcl,1 b.ta" ...hom a",d/J~.t IU' mad" Till. o'offie'" My commlllion .xplr.. on .19_. " ...... ...." ,-- ", , ~ .,1 ( ( ,. ii . hlt:~~ '? => 4-1 ~ - :!i ." ,-\ .-;;, '....... , -- ,:I -.., a; :~.t' .. .., :-1".': c In '.' ..... (Y) l..i' ... '. ~ ~. ,. , ,!" '~ \ ' ,::Q :,~ F'\ 1-.... ,~, ~ ....... Qo '3'- ~ .... ~ --. () c.. - '~~.~) <::J '-_ , , , " .. INGLI BROS., INC., I IN THI COURT or COMMON PLBAS or Plaintiff I CUKBIRLAND COUNTY, PENNSYLVANIA I v. I NO. 94-4136 CIVIL TBRM I GBTTYS BUILDBRS, INC. I CIVIL ACTION-LAW Defendant I COMMONWEALTH or COUNTY OF AFFIDAVIT or SERVICB PENNSYLVANIAI I DAUPHIN I SSI I, Edward S. Finkelstein, Esquire, who being duly sworn according to law, depose and say that on August 12, 1994, I sent a certified copy of the Complaint in the above-referenced matter to the Defendant's Attorney, David H. Stone, Esquire, STONE' STONE, by certified mail, return receipt requested, NO. P-355 B09 033, to 414 Bridge Street, New Cumberland, PA 17070. Said return receipt card was returned signed by the Defendant's Attorney on August 15, 1994 as evidenced by Exhibit "An attached hereto and made a part hereof. I) V/ > /;.,' !/{ >' Edward S. Finkelstein SWorn to and subscribed before me this 23rd _ day of Auaust , 1994. NOTARIAL SEAL KalIIIMn Smee Hllsch, Notary Public Hanilllllro. Dallllhln Coul!lY 117 ~CommlUIIilExplr.OcI.17.1 IJr/~t~ ~J1W.IIMd._ athleen Smee Hirsch Notary Public My Commission expiresl pd'an.'lnvlllvbl'I-.. . ENGLE BROS., INC. , I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 94-4136 CIVIL TERM I GE'l'TYS BUILDERS, INC. , I CIVIL ACTION LAW Defendant I ANSWER TO COMPLAINT AND NOW comes the defendant, Gettys Builders, Inc., by and through its attorneys, Stone LaFaver & Stone, and sets forth the following answere to plaintiff's complaint. 1. Admi t ted . 2. Admitted. 3. Admitted and denied. The defendant admits that the plaintiff performed certain carpeting services on the steps of the Pasquini property. After reasonable investigation, the defendant is unable to form a belief as to the truth of the averments regarding Invoice No. 014950 dated July 20, 1993, or the amount claimed by plaintiff as the invoice is not attached as a copy to the plaintiff's complaint and proof regarding said invoice, if relevant, is demanded at time of trial. 4. Admitted and denied. The defendant admits that the plaintiff installed certain ceramic tile backsplash at the property of Kathy Calta at the request of defendant. After reasonable investigation, the defendant is unable to form a belief as to the truth of the -1- averment. regarding Invoice No. 014973 dated July 27, 1993, or the amount claimed by plaintiff as the invoice is not attached a. a copy to the plaintiff's complaint and proof regarding said invoice, if relevant, is demanded at time of trial. 5. Admitted and denied. The defendant admits that the plaintiff installed certain floor covering at the Gary and Sue Sipe property. After reasonable investigation and due to plaintiff's failure to attach a copy of Invoice No. 015497 dat.ed December 9, 1993, to its complaint, defendant is unable to form a belief as to the truth of the remaining averments of paragraph 5 regarding Invoice No. 015487 or the amount claimed by the plaintiff in said paragraph. 6. Denied. After reasonable investigation, the defendant is unable to form a belief as to the truth of the averments of paragraph 6 and proof thereof, if relevant, is demanded at time of trial. 7. Denied. The defendant denies that it ever agreed to pay a finance charge of two (2%) percent for any amounts past due to the plaintiff. 8. Denied. The defendant denies that it ever agreed to pay any late charges for aroounts past due to the plaintiff. 9. Denied. After reasonable investigation, the defendant is unable to form a belief as to the truth to the averments of paragraph 9 and proof thereof, if relevant, is demanded at time of trial. 10. Admitted. By' way of further answer, the defendant incorporates by reference herein its answe~s to paragraphs 1 through 9 above. -2- . BNGLB BROS. , INC. , I IN THE COURT OF COMMON PLEAS or Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 94-4136 Civil Term 1994 I GBTTYS BUILDERS, INC., I CIVIL ACTION-LAW Defendant I STIPULATION OF COUNSEL Counsel for Plaintilf, Edward S. Finkelstein, Esquire and counsel for Defendant, David H. Stone, Eequire, hereby consent and stipulate to the following I That Plaintiff may obtain a default judgment against Defendant in the amount of $7,521.34 together with interest from July 12, 1994. / 5 -:Lt!-- ~. F~stein, Esquire Attorney for Plaintiff