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HomeMy WebLinkAbout00-02279 CARL J. DAVIS AND DONNA M. DAVIS, husband and wife, Plaintiffs V. W1 . LEE ROLAND Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. CO - ;Za7? O L( (£/Ln PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue the Writ of Summons in the above matter and have it served on Defendant, W. Lee Roland at the following address: W. Lee Roland 337 West Meadow Drive Mechanicsburg, Pennsylvania 17055 -?-? Date: Respectfully submitted, NESTICO, KORPOSH & DRUBY, L.L.P. By: Anthon J. Ne Ndb, Esquire Attorney . N .58868 475 West Governor Road Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-4483 Attorney for Plaintiffs f ° e a 1a ? Crr f?? C-j T: Commonwealth of Pennsylvania County of Cumberland Carl J. Davis and Donna M. Davis, husband and wife V& W. Lee Roland 337 West Meadow Drive Mechanicsburg, PA 1705 --W.-Lee-Roland Court of Common Pleas No. ------ QO_2-9.79-_Qi41_L TeIM--------- 19 In ------ Civil _,Ut QD- =-LaIa----------------- You are hereby notified that -------- Carl -I_-Davis.and.Domi&-M--Dav-i&,-.husband_ansl ifp--------------- the Plaintiff has commenced an action in ----------Civil- Action ---Law ------------------------ against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date ------ gra_14_r200k-__---- Curtis R. Long ------------------------------ Prothonotary - -- -E----- - - ---- Deputy F-' (D -,J ' H (D ak w(?D C N 0 w N 00 Ln C-4 m C ? 00 rn F-(D ((DD C) rt w?n ?o rf1 CJ C n rt 0 p? W ? w• O ?7 (rp N (D m rt O G (`(DD N Q R? ?d J C om Ul 5 w w N- N C-4 C ¢a a¢ (D a 0 0 0 I N N c r m I SHERIFF'S RETURN - REGULAR CASE NO: 2000-02279 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAVIS CARL J ET AL VS ROLAND W LEE BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS W LEE was served upon the DEFENDANT , at 0015:28 HOURS, on the 14th day of April , 2000 at 337 WEST MEADOW DRIVE MECHANICSBURG, PA 17055 by handing to ROSALIE ROLAND (WIFE) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this 19 tr' day of -t /1 A. D. TProthonotar So Answers: ,. R. Thomas Kline 04/18/2000 NESTICO & KORPOSH By: F/ll? Deputy Sheriff CARL J. DAVIS AND DONNA M. DAVIS, husband and wife, Plaintiffs V. W. LEE ROLAND Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 00-2279 JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 herein. You are warned that if you fail to do so the case may proceed without further notice for any 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 PA 17013 NOTICA LE HAN DEMANDADO A USTED EN LA COURTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de Ian fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archival en la torte en forma escrita sus defensas o sus objeciones a law demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacaion y per cualguier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE AGOGADO O SI NO TIENCE 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 CARL J. DAVIS AND DONNA M. : IN THE COURT OF COMMON PLEAS DAVIS, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION V. NO. 00-2279 W. LEE ROLAND V Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, Plaintiffs, by and through undersigned counsel, file this Complaint and allege in support thereof the following: 1. Plaintiffs are Carl Davis and Donna M. Davis, husband and wife, residing at 120 Locust Lane, Dillsburg, Pennsylvania 17019. 2. Defendant is W. Lee Roland, with an address at 337 West Meadow Drive, Mechanicsburg, Pennsylvania 17055. 3. Venue in this court is appropriate because the Plaintiffs reside in Cumberland County and Defendant has a principle place of business located in Cumberland County, and regularly conducts business there. 4. Defendant is in the general contracting business. COUNT 1- BREACH OF CONTRACT 5. The foregoing numbered paragraphs are incorporated herein by reference. 6. On or about July 11, 1997, Plaintiffs and Defendant entered into a construction agreement, hereinafter referred to as "Agreement." A copy of the Agreement is attached hereto as Exhibit "A." 7. Defendant agreed to construct, and serve as general contractor for the construction of, a residential dwelling located on premises owned by the Plaintiffs. 8. Defendant agreed to build and construct a four-bedroom home, and an attached four-car garage. 9. Defendant agreed to build and construct the project for the total price of consideration of four hundred sixty-two thousand ($462,000.00) dollars in accordance with a periodic payment schedule. 10. Defendant agreed to substantially complete said construction project within one hundred eighty (180) calendar days from the commencement date. 11. Defendant failed to complete the construction, in accordance of the Agreement. 12. Specifically, Defendant has failed to complete the following: a. access to HN.A.C. equipment in attic; b. installation of dishwasher; c. installation of "under counter track light;" d. every window remains partially painted; e. improperly installed and damaged drywall; f. no cement flooring exists in the crawl space and the space does not conform to the building plans; g. arch in front of dwelling is unfinished; h. outside trim is cracking at seams; i. there is a hole at the master shower facet, j. the locks on the steel doors in the basement and garage do not operate properly; k. the wood molding in the dining room is cracked; 1. numerous nail pops and cracks are present throughout the house; m. the door to the upstairs office and bedroom needs to be trimmed at the bottom; n. no credit was provided for brick paid for but not installed by Plaintiffs; o. stucco on shingles has not been cleaned or removed; p. the front door does not close and it is cracked at the frame; q. waterproofing at window wells is exposed and should not be; r. an area designed as a basement and excavated as such was instead constructed as a crawl space; s. plans reflected that the foundation was to be exposed to a height of approximately three (3) feet with brick work. Instead, the brick was begun at the top of the foundation walls; I. exposed basement was designed and paid for with a brick exterior, instead, the defendant used a concrete exterior. 13. Plaintiffs have made proper demand for performance. 14. The costs to repair and otherwise correct the damages set forth herein exceed the jurisdictional limit for cases requiring mandatory arbitration. WHEREFORE, Plaintiffs request judgment in their favor in the amount in excess of the limit established by this Honorable Court requiring mandatory arbitration together with costs, fees and any other relief this Court may deem appropriate. Respectfully submitted, NESTICO & DRUBY, L.L.P. By. aura B. Muddy Attorney I.D. No. 82672 840 East Chocolate Avenue Hershey PA 17033 (717) 533-5406 (717 533-5717 :nss Complaint 22702 Mar-25-02 11:54A Crabtree Rohrbaugh 7174580046 Mrir 22 02 01:23p V ERWICATI I verify that the statements made in the forg(gag doeumutt are true and correct 1. understand that false staements herein are mute subject to the PcnOltics Of 18 P"'- C-; §+4004 relating to unswOm Usification 10 authorities. i Date, 7fZlo , i7ev ' - - l. P.06 r•. "" .. . CERTIFICATE OF SERVICE I, Maura B. Mundy, of the law firm of Nestico & Druby, L.L.P., hereby certify that on the 44 day of March, 2002, a copy of the Notice to Defend was sent via First Class U.S. Mail, postage paid, to the following: W. Lee Roland 337 West Meadow Drive Mechanicsburg PA 17055 aura B. Mu dy, EXuir c? ,., - : ? (??i'_ 1 y ]'.? ?, ? _y CARL J. DAVIS and DONNA : IN THE COURT OF COMMON PLEAS OF DAVIS, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : NO. 00-2279 W. LEE ROLAND, : CIVIL ACTION LAW Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of Defendant W. Lee Roland in the above- captioned action. CALDWELL & KEARNS By: L. Attorney I. P. #271 3631 Nortr tree Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant Dated: ??/mod -," CERTIFICATE OF SERVICE AND NOW, this // day of 2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Maura B. Mundy, Esquire NESTICO & DRUBY, L.L.P. 840 East Chocolate Avenue Hershey, PA 17033 CALDWELL & KEARNS By 02-242/38309 ,ry } 0 t o f 11 LD R CARL J. DAVIS AND DONNA M. DAVIS, husband and wife, Plaintiffs V. W. LEE ROLAND Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 00-2279 PRAECIPE TO THE PROTHONOTARY: Kindly file the attached Exhibit "A" which was inadvertently omitted from Plaintiff s Complaint previously filed. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, L.L.P. By: Date: I-- L5 Anthony J. Ne h , Esquiie Attorney I.D. o. 58868 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Plaintiffs 03/11/81 '!HL 13:U3 tAA 1141! ?:: JU2 ?t?ncinct?u¢nnn?va "'-"- CONSTRUCTION AGREEMENT U THIS AGREEMENT made and entered into this 11th July , 19 97, by and betveen; W. LEE ROLAND, an individual, whose address for all purposes hereunder is 337 west Meadow Drive, Mechaniceburg, PA 17059, party of the first part, hereinafter called "Builder", AND Carl J. and Donna M. Davis whose address for all purposes hereunder is 113 Fineview Road Camp it , Whether singular or plural, male,emale, individual(s), partners or corporation, party or parties (as the case may be) of the second part, hereinafter called "Owner". WITNESSETH! day of WHi REAS, Owner is the owner in fee simple of a certain piece or parcel of land situated in Yonoghan Township/. Borough, York County, Pennsylvania, known and numbered as LOt 8, Locust Lane , hereinafter called "Premises"; and WHEREAS, Builder is a builder and general contractor of building structures; and WHEREAS, Owner has requested Builder to construct and serve as general contractor for tha construction of the building structure more fully defined hereinbelow on the Premises, said project generally hereinafter called "Construction Projectm; and WHEREAS, the parties have negotiated certain terms GJiJ.l .-82 T. HL' t_6:OS raa iT1'.'?s:+SRnS ruacTnrn rnWnnr?rv ^'""? ?J concerning said Construction Project which they desire to document by these :resents; NOW, THEREFORE, in consideration of these presents, the mutual promises, terms and conditions more fully set forth hereinbelow, and intending to be legally bound hereby, the parties mutually agree as follows: 1. The foregoing paragraph and preamble are incorporated herein by reference thereto. 2. Owner warrants and represents to Builder: A. That owner owns said Premises in fee simple and haft unrestricted possession thereof. B. That Owner has the funds, whether in present cash or construction loan financing,. tc pay Builder for all work performed and materials provided by and/or through Builder in performing the Construction Project; C. That Owner has arranged for the iratal- lation of all public utilities and/or municipal services necessary to provide all required utility- type services to said Construction Project, unless otherwise specifically provided in the Specifications. D. That there are no building and use restrictions, covenants or conditions on said Premises except only as specifically attached hereto as an exhibit to this Agreement. -2- UJr 1y_,PS TFU 15:09 FAX 1717:33S305 cR kI;7-RFF_. FnRPA IT-ru Mh^^' 3. Owner hereby requests and authorizes Builder to build and construct a 4 Bedroom, 4 car garage (the Construction Project) on said Premises in 'accordance with (a) certain plans, drawings and/or pictures, collectively hereinafter called "Plans", duplicate copies of which have been 'dated and initialed by the parties contemporaneously with the execution of this Agreement and exchanged between them, and . incorporated herein by reference thereto, and (b) certain specifications of materials and type of construction as contained in a certain set of pages collectively hereinafter called "specifications,, which'are attached hereto and incorporated herein by reference thereto. 4. Builder hereby undertakes and agrees to build and construct said Construction Project in his eapaeity,as general contractor, and agrees to provide all work and materials to complete said Construction Project in accordance with said Plans and Specifications. 5. Builder agrees to build and construct said Construction Project for the total price or consideration of Four Hundred Sixty two thousand ------------- and ^0 100 ($462,000.00 ) Dollars, hereinafter called "Contract Price", which said Contract Price Owner covenants and agrees to pay to Builder and in accordance with a certain periodic payment schedule attached hereto entitled "Draw Schedulal, and -3- I mWROMRNMORWROM - CRABTRHE_20HRBACGH rn Incorporated herein by reference thereto. owner understands and agrees that prompt payment of all sums required under the Draw Schedule is necessary for Builder to perform and complete the Construction ?roject in ar. efficient and orderly manner, and, therefore, such time of payment is of the essence of 'this agreement. All payments required hereunder,shail be made to Builder at his address aforesaid in cash or its equivalent. e. guilder covenants and agrees to build and construct said Construction.Project in a good and workmanlike manner, using workmen and sub-contractors skilled in their respective trades, with the materials required in and under the Specifications (but if not so specified, to use materials of the kind and grade customarily employed in.aimilar construction in the area of this Construction Project), and in accordance with all applicable zoning regulations and building codes, and further in accordance with an_r building restrictions attached hereto as an exhibit. 7. It is understood and agreed that the foregoing Contract Price does not include the cost of rack removal if encountered in any excavation or grading of the Premises. Owrer covenants and agrees to pay to Builder the actual costs incurred by Builder for the removal of said rock, including tha cost of drilling, blasting and physically removing said rock, whether by explosives or by machines,`(including the extra machine and labor time incurred by other trades waiting for said rock to -4- x CR.kbTREE ROHRB.4CGH ._? be removed), all such amounts to be paid to Builder at his address within ten (10) calendar days after delivery of invoice therefor to owner. 8• The parties agree that the Plans and Specifications are complete and sufficient; to form the basis of the Construction Project. The Construction Project shall not be changed or modified in any,rsspect except by written agreement (hereinafter called "Change Order") which shall describe the changes, indicate any, adjustments to the Contract Price and payment thereof, and/or the time of completion of the Construction Project. 9• Unless otherwise specifically provided to the contrary by written ammendment thereto, Owner hereby authorizes and empowers Builder to act as Owner's agent and in Owner's name and expense to procure all governmental building or other permits necessary to prosecute the Construction Project, and Owner agrees to reimburse Builder for the fees or other costs charged by the issuer of any such permit and advanced by Builder, said sums to be paid within ter. (20) calendar days from delivery of invoice therefor. to Owner. 10. Builder covenants and agrees to proceed diligently with his obligation hereunder and to substantiaily complete said Construction Project within One Hundred Eighty 180 ( ) calender day's from the Commencement Date, unless prevented by acts of God, strikes, non-availability of specified materials or R. nnu -5- 05 7.1;98 ?'HT' 15:08 FA-1 17172575805 cR4R71ZFF RnRRRar•r;; r;h ^^' v any other matters beyond Builder's control. The Commencement Date shall not be later than sifteen days ( 15 ) calender days after fulfillment of the last of the following events: (a) recording of any construction Loan mortgage secured on said Premises, (b) filing of the Stipulation Against Mechanics liens required under Paragraph 11 hereinbelow, and (c) the issuance of all required permits necessary to commence construction of said Construction Project. If Owner Should fail to have any required construction loan mortgage recorded within sixty ( 60 ) calender days from the date hereof, Builder shall have the right and option to rescind and cancel this agreement. If any governmenthl permit required as aforesaid is not obtained within 90 days ( 90 ) calender days from the date hereof because of the issuer's neglect, failure or refusal to issue the same, either party shall have the right to rescind and cancel this agreement. The parties covenant and agree to use their respective best efforts to fulfill the foregoing conditions, and each agrees not to interfere with or cause the failure of fulfillment of any such conditions. 11. Builder covenants and agrees to pay all suppliers of labor and materials required to be supplied by him hereunder so as to prevent the entry of mechanics' lien's against the Premises for such non-payment. The parties agree to enter into and properly file a Stipulation Against Mechanics, Liens prior to Builder's commencement of work, said Stipulation to be executed immediately following and contemporaneously with the execution -6- nt.l, .OU 'rift' tRnc -?`?+- ?+. ?e..eane ro aemnrr rnm.n ,..rn ra-?. and delivery of this Agreement. Owner shall be responsible for the prop=_r filing of said Stipulation and shall provide Builder with proof Of filing thereof promptly after such filing. 12. Owner hereby gives and grants Builder unconditional permission to enter upon aaid Premises at any and all times in order to perform the Construction Project. Builder shall be deemed to be in lawful possession of the Premises during his performance of the'Construction Project. Owner covenants and agrees not to move into or otherwise occupy said Promises until 3uilder completes the Construction. Project and provides Owner with his written .statement of substantial completion. 13. owner understands that Builders obligations hereunder are made on the condition that Builder will have free and uninterrupted opportunity to perform the Construction ?roject. ,Nhile Owner shall have the right of periodic inspection of the Premises and Construction Project, owner specifically agrees to not interfere with or obstruct Builder's performance hereunder. All questions and communications concerning said Construction Project shall be directed to Builder and not to Builders employees or sub-contractors. 14. Builder agrees to obtain and maintain. Workers' Compensation Insurance for the benefit of his employees and shall obtain and maintain public liability insurance covering his operations on said Premises having bodily injurv limits of One Million not less than $ per person and $combined single limit per occurrence, and property damage limits of not less than -7- C'4/11/AA 7FT1' I4 w vii 17177 11 dgn5 fAIFTDFF Dl1RDFfi'CII LT nnn and shall provide a certificate of such insurance coverage to owner upon request. 15. Owner agrees to obtain and maintain insurance to protect the parties, respective interests in said Construction Project against loss from fire, windstorm and other similar casualty, and to name Builder as a co-insured therein with owner as their interests may appear. 16. Owner agrees to pay the fees and charges of all public utilities and municipal services servicing said Premises at aLl times during the Construction Project, said payments to be made in a timely manner so as to avoid interruption of service for non-payment. 17. Owner states, warrants and acknowledges that any and all realty transfer tax imposed upon this building lot, or parcel has been.paid in full. Furthermore, if a determination is made that additional real estate transfer tax is due as a result of the conveyance of the building lot or parcel to Owner, that Owner agrees to pay any and all additional real estate tax, interest and penalties claimed to be due on account of said transaction and will indemnify and hold harmless Builder and Builders agents of and from any and all losses, taxes, interest, penalties and expenditures (including legal fees) arising as a result of additional real estate transfer taxes imposed upon the transfer of the building lot or parcel unto owner. 18. Builder warrants and guarantees his work and materials against defects for a period of one (1) year from the date on -8- O3 i11i99 TAT' 15:10 PA.N 17}_72935605 CRABTRE£ ROHRBALGH I-Ie which Builder completes his performance hereunder, and delivers possession of the Construction Project to Owner on the following terms, conditions and limitations: A. Owner must deliver written notice to Buyer specifying all alleged defects within said period of (1) year. B. Builder shall not be required to make such corrections 'until the end of said period of one (1) year regardless of the number of notices under A above, except with respect to matters denying normal use of the structure. C. it is agreed.that the following matters shall not be deemed to be defects or otherwise the responsibility of Builder: (1) Defects covered by warranties of a manufacturer of materials, equipment or fixtures. (2) Defects resulting from shrinkage of wood. (3) Efflorescence on masonry surfaces. (4) Defects caused by sinkholes, earth settlement, springs, erosion, wind damage, ground water seepage and storm water flooding. 19. It is understood that total completion of the Construction Project may be delayed for reasons beyond Builder's control. Notwithstanding the provisions of Paragraph 10 hereinabove to the contrary, the Construction Project shall be deemed substantially completed when the same may be occupied by -9- ® 07.0 Owner and used by Owner for the purposes intended and when Builder's actual cost to finish any incomplete items (resulting from causes beyond Builder's control) does not exceed five per ce'ntum (5%) oz the Contract Price. In the latter event, Builder shall have the right to give owner written notide of the fact of substantial completion and certify to owner an itemized list of the incomplete items and his cost of completion, and Owner shall be required to,pa_y to Builder the unpaid balance of the Contract price less a sum af.money equal to one hundred fifty per Centum (150%) of the certified cost of completion, which latter sum shall be held by an independent third party in escrow for the benefit of Builder, which sum shali'be paid to Builder upon ultimate completion of,the Construction Project., Such ultimate completion shall be effected promptly''upon the removal of the impediment(s) to the earlier performance of the unfinished items. 20. This Agreement is is not conditioned upon Owner obtaining construction loan Financing"for the sum of If so conditioned, Owner agrees to exert diligent good-faith effort to obtain a commitment.for such loan no later than 9GGLSr ?l7 19_j2 (hereinafter talled "Loar. Commitment Terminal Date"), such commitment to be evidenced by a letter or other written statement from the lender (hereinafter called "Loan Commitment Letter"). Owner agrees to deliver to Builder a true copy of the Loan Commitment Letter promptly upon receipt thereof by Owner. If Owner does not deliver such copy of Loan Commitment Letter to Builder by midnight of the Loan -10- 1'+i 1-'172333805 CRABiREE_20M1BA!GE ZV14 '1?1 commitment Terminal Date, this Agreement shall be deemed to be rescinded and cancelied without further action or notice by Builder. 21. Subject to the fulfillment of the condition in Paragraph 20 above, Owner certifies to Builder that Ovner intends to obtain the funds necessary for payment of a portion of the Contract Price from a third-party lender, hereinafter called "Lender"r the actual identity of which shall be determined from the Loan Commitment Fetter required under Paragraph 20 above. As additional security for owner's obligation to pay the Contract Price to Builder, Owner hereby assigns to Builder the rights of Owner to receive payments from Leader•on account of said Contract Price, and owner hereby authorizes and empowers Lender to pay any portion or all of the construction loan dA rectly to Builder in order to fu7.fill Ouner's obligation hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed the day and year fi=st above written. WITNBSSED BY: -11- BUILD£R: W, /YxD `i 64yG _ W. Leo Roland OWNER: ( n ividaalJ (individual) CERTIFICATE OF SERVICE I, Anthony J. Nestico, of the law firm of NNeestico, Druby 8v Hildabrand, L.L.P., hereby certify that on the 9' day of September, 2002, a copy of the Praecipe was sent via First Class U.S. Mail, postage paid, to the following: James L. Goldsmith, Esquire Caldwell and Kearns 3631 N. Front Street Harrisburg, PA 17110/) c? o rya -:I 9 cn -+ T ?? CARL J. DAVIS and DONNA M. DAVIS, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. 00-2279 JURY TRIAL DEMANDED W. LEE ROLAND, Defendant NOTICE TO PLEAD To: Carl J. Davis and Donna M. Davis, and their attorney, Anthony J. Nestico, Esquire YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: CT)- By: Ray J. Michalowski, Esquire Attorney I.D. #87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant Respectfully submitted, CARL J. DAVIS and DONNA M. DAVIS, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. 00-2279 JURY TRIAL DEMANDED W. LEE ROLAND, Defendant ANSWER WITH NEW MATTER AND NOW, Defendant, W. Lee Roland, by and through his attorneys, Caldwell & Kearns, P.C., files this Answer to Plaintiff s Complaint and avers in support thereof as follows: 1. Admitted. 2. Admitted in part, denied in part. Defendant's current address is 104 Lavynndon Lane, Mechanicsburg, PA 17055. 3. Admitted. 4. Admitted. 5. The answers to paragraphs 1 through 4 above are incorporated herein by reference as though more fully set forth below. 6. Admitted in part, denied in part. Admitted that Plaintiffs and Defendant entered into a Construction Agreement. Denied to the extent that the Agreement attached to Plaintiffs Complaint is a true and correct copy of the Construction Agreement entered into by the parties on or about that date. The Agreement attached to Plaintiff s Complaint appears to be a photocopy of the original Agreement with additional markings and alterations not present at the time of the signing of the Agreement. 7. Admitted. 8. Admitted. 9. Admitted in part, denied in part. Admitted that the original price for the project was $462,000. Denied to the extent that change orders, credits and other allowances may have altered the final price for the project as agreed to by the parties throughout the construction project. 10. Admitted in part, denied in part. Admitted that Plaintiffs' averment in paragraph 10 paraphrases language from the Construction Agreement reached between the parties. Denied to the extent that Plaintiffs' averment in paragraph 10 fails to include language from the Agreement regarding exceptions, allowable delays, and other items which may affect the timing of the Agreement. 11. Denied. The averments in paragraph 11 are denied as stated. Defendant avers that construction was substantially completed in accordance with the Agreement and subsequent modifications of the agreement agreed to by the parties during the construction project. 12. a. Denied. Access to the HVAC equipment in the attic was provided by Defendant or Defendant's subcontractors. b. Denied. Dishwasher has been installed by Defendant or Defendant's subcontractors. C. Denied. Under counter track light was installed by Defendant or Defendant's subcontractors. d. Denied. After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. C. Denied. After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. Admitted in part, denied in part. Admitted that cement flooring does not exist in the crawl space. Denied to the extent that Defendant relied on Plaintiffs verbal agreement and instructions to construct a crawl space of standard construction in the small portion of the foundation alluded to in Plaintiffs Complaint. g. Denied After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. h. Denied After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. i. Denied After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. By way of further answer, to the extent that Plaintiffs previously informed Defendant of a desire to move the master shower faucet 1/16 of an inch, Defendant agreed to make this change, but Plaintiffs insisted on having the work performed by their own plumber/subcontractor. Denied After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. k. Denied After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. 1. Denied After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. M. Denied After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. n. Denied After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. o. Denied After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. P. Denied After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. q. Denied After reasonable investigation Defendant is unable to verify the truthfulness of the averments of this subparagraph and the same are hereby denied. r. Denied. Plaintiffs agreed to allow the space at issue to be constructed as a crawl space, rather than an excavated basement. S. Denied. It is specifically denied that the plans reflected that the foundation was to be exposed to a height of approximately three feet with brick work. t. Denied. The exposed basement averred to in this paragraph was the subject of a change order agreed to by the parties. The change order included a request for a brick exterior on the back of the exposed basement which was provided. Two very small portions of the sides of the basement were not covered in brick because Plaintiff Carl Davis requested that he be allowed to complete that portion of the project, which included the construction of two small wing retaining walls next to the basement side walls. Accordingly Defendant granted Plaintiffs a $3,000 credit on the price of construction. 13. Denied. The averments of this paragraph are specifically denied. 14. Denied. Defendant specifically denies Plaintiffs' characterization ofthe alleged damages and related repairs as set forth in Plaintiffs' Complaint. WHEREFORE, Defendant, W. Lee Roland, respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in favor of Defendant and against Plaintiffs, together with such costs, fees and any other relief that this Court may deem necessary and appropriate. NEW MATTER 15. The answers listed in paragraphs 1 through 14 above are incorporated herein by reference as though more fully set forth below. 16. The home has been completed in accordance with the written agreement, plans, specs, change orders and other accommodations and modifications agreed to byboth parties during the construction of the home. 17. Plaintiffs have materially breached the terms of the Agreement with the Defendant by failing to pay $3,000 due and owing for work performed in constructing the house. 18. Some of the damages and/or defects alleged by Plaintiffs, if proven, were items Plaintiffs insisted on dealing with themselves, despite Defendant's offerto address Plaintiff s concerns. 19. Some of the items listed by the Plaintiffs as damages or defects, if proven, were not brought to the attention of Defendant prior to the initiation of this lawsuit. 20. Some of the damages and defects alleged byPlaintiffs in their Complaint, ifproven, occurred after Plaintiffs took occupancy of the house and after any potential warranty periods had expired. 21. Any actual or constructive warranties claimed by Plaintiffs were waived by their failure to provide final payment for construction of the home. 22. Some of the damages and defects alleged by Plaintiffs in their Complaint, if proven, are due to changes to the original house plan and specifications which were agreed to during the construction of the home by all parties to the Agreement. 23. Any changes to the plans and specifications agreed to by the parties, and which reduced the costs of construction, were either formally credited to Plaintiffs account or balanced by Defendant's performance of additional work requested by Plaintiffs. 24. As the home neared completion, the parties agreed to allow Mr. Davis to retain $6,000 towards the costs of the home pending completion of the two final projects as noted on Exhibit "A", which is attached hereto and incorporated herein by reference. 25. Upon resolution of these issues, Plaintiffs were to forward the final $6,000 payment for the completed construction of the home to Defendant. 26. Plaintiffs chose to deal with the exposed foundation themselves and were accordingly credited $3,000 towards the price of the home by Defendant. 27. The dining room bay window overhang was addressed by Defendant in accordance with the Exhibit "A" and applicable building codes. 29. Despite completing this project in a workmanlike manner, Plaintiffs have refused to forward the remaining $3,000 owed to Defendant for construction of the home, despite Defendant's proper demands for payment thereby materially breaching the Agreement. 30. Plaintiffs had an opportunity to inspect the home prior to accepting and occupying the premises. The only issues noted at or before accepting the property were those listed in Exhibit "A". 31. With the exception of the issues noted on Exhibit "A", which have been resolved as noted above, Plaintiffs accepted the home in its condition on the date of their occupancy. 32. Plaintiffs' causes of action may be barred in whole or in part by the applicable statute of limitations. 33. Plaintiffs' cause of action may be barred in whole or in part by the doctrine of accord and satisfaction. 34. Plaintiffs' cause of action may be barred in whole or in part by the doctrine of release. 35. Plaintiffs' cause of action may be barred in whole or in part by the doctrine of waiver and/or estoppel. 36. Plaintiffs' cause of action may be barred in whole or in part by the statute of frauds. 37. Plaintiffs' cause of action may be barred in whole or in part by the parole evidence rule. 38. Plaintiffs have failed to state a cause of action by which relief can be granted. 39. Plaintiffs' cause of action may be barred in whole or in part by the terms and conditions of the Construction Agreement and addenda thereto. 40. Plaintiffs' ability to recover damages may be barred through their failure to mitigate damages. 41. Plaintiffs' claim for recoverable damages may be contrary to the law of the Commonwealth of Pennsylvania. 42. Plaintiffs' damages may be barred in whole or in part due to Plaintiffs' failure to reasonably maintain the home and property. 43. Plaintiff's claims may be barred in whole or in part due to the Doctrine of Economic Loss. [The remainder of this page is left intentionally blank] WHEREFORE, Defendant, W. Lee Roland, respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in favor of Defendant and against Plaintiffs, together with such costs, fees and any other relief that this Court may deem necessary and appropriate. Respectfully submitted, 'C) ' C)? Ray J. Michalowski, Esquire Attorney I.D. #87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Defendant 09/26/2002 12:27 FAX 777 232 2766 CALDWELL & KEARNS Z010 W Lee Roland, awdes 337 W. Meadow Drive • Mechanicsburg, PA 17055 Phone (717) 897-8643 a FAX 9 (717) 697-5889 10 003 Custom Homes The undersigned agree that there are two-unresolved issues: (1) Exposed Foundation (2) Dining Room Bay window overhang The solution to these: (1) Construct 2 wing walls of architectural block (2) Solution needs to address potential moisture problem upon completion of each above Carl J. Davis will pay $3,000.00 for each 0 y?z Y 9 ?' EXHIBIT "A" IvAr- 09/28/2002 12:28 FAX 717 292 2766 CALDWELL & KEARNS VERIFICATION Z011 I, W. LEE ROLAND, verify that the averments made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Date: 0 ?- /'I v 2? W. Lee Roland CERTIFICATE OF SERVICE AND NOW, this day of t Lam/` 2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Anthony J. Nestico, Esquire Nestico & Druby, LLP 840 East Chocolate Avenue Hershey, PA 17033-1213 CALDWELL & KEARNS By: de?- M. ? -Y 02-242/46120 C ifi ? J E + "C` (?lS ?' -? - ? G? ? , ,? f'? = ^n ?'i . .f ^,.7 ?rJ .? 4Ts --• .. _ _ CARL J. DAVIS AND DONNA M. DAVIS, husband and wife, Plaintiffs V. LEE ROLAND Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 00-2279 REPLY TO NEW MATTER AND NOW, the Plaintiffs, by and through their undersigned counsel, hereby file this reply to new matter, and aver and support thereof the following: 15. No response required. 16. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent that they are deemed to be averments of fact, it is specifically denied that the home has been completed in accordance with the written agreement, plans, specs, change orders, and other accommodations and modifications allegedly agreed to by the parties. 17. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent that they are deemed to be averments of fact, they are specifically denied. 18. Denied. It is specifically denied that any damages were caused by any work the Plaintiffs completed themselves or that Defendant's offered to adequately address Plaintiffs' concerns. 19. Denied as stated. It is specifically denied that the Defendant was unaware of the defects and damages to the home prior to the initiation of this lawsuit. 20. Denied. It is denied that the damages and defects alleged by the Plaintiffs in their Complaint occurred after Plaintiffs took occupancy. 21. Denied as a conclusion of law. 22. Denied as stated. It is admitted that there were changes made to the original house plan and specifications which were agreed to during the construction of the home. It is denied that the Plaintiffs consented to any damages or defects in the construction. 23. Admitted in part and denied in part. It is admitted that the Plaintiffs were given some credits as a result of changes and construction. It is denied that this in any way eliminates the Defendants' liability for the claims made in Plaintiffs' Complaint. 24. Denied as stated. It is admitted that the parties agreed that the Plaintiffs would retain $6,000.00 with regard to two specifically referenced defects. It is denied that this list was comprehensive, or constituted a waiver of claims. 25. Denied. The agreement referenced herein is a matter of record before this Court and its terms speak for themselves. 26. Denied. It is denied that the Plaintiffs chose to deal with the exposed foundation issue themselves and it is further denied that the Defendants have been relieved from their obligations under the contract regarding this matter. 27. Denied. It is denied that this matter has been satisfactorily resolved. 28. The Defendants' pleading did not contain paragraph 28. 2 29. Denied. The allegations set forth in Paragraph 29 constitute a conclusion of law to which no response is required. 30. Denied as stated. It is admitted that the Plaintiffs had an opportunity to inspect the home prior to occupying the home. It is denied that the only issues outstanding at that time were those listed in Defendant's Exhibit "A". 31. Denied. The averments contained in paragraph 31 constitute conclusions of law to which no response is required. 32. Denied. The averments contained in paragraph 32 constitute conclusions of law to which no response is required. 33. Denied. The averments contained in paragraph 33 constitute conclusions of law to which no response is required. 34. Denied. The averments contained in paragraph 34 constitute conclusions of law to which no response is required. 35. Denied. The averments contained in paragraph 35 constitute conclusions of law to which no response is required. 36. Denied. The averments contained in paragraph 36 constitute conclusions of law to which no response is required. 37. Denied. The averments contained in paragraph 37 constitute conclusions of law to which no response is required. 38. Denied. The averments contained in paragraph 38 constitutes conclusion of law to which no response is required. 3 39. Denied. The averments contained in paragraph 39 constitute conclusions of law to which no response is required. 40. Denied. The averments contained in paragraph 40 constitute conclusions of law to which no response is required. 41. Denied. The averments contained in paragraph 41 constitute conclusions of law to which no response is required. 42. Denied. The averments contained in paragraph 42 constitute conclusions of law to which no response is required. 43. Denied. The averments contained in paragraph 43 constitute conclusions of law to which no response is required. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor in accordance with the Plaintiffs' Complaint together with such costs, fees, and any other relief that this Court may deem just and appropriate. Respectfully submitted, NESTICO, By: Date: Akm 4 Anthony J?N X,-Esquire Attorney o.``58868 840 E. Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Plaintiffs L.L.P. VERIFICATION I Anthony J. Nestico, Esquire, counsel for Plaintiffs hereby certify that the verification of the Plaintiffs could not be obtained within the time allowed for the filing of this pleading. Therefore, I, as counsel, hereby verify that, upon information and belief, the statements made in the foregoing document are true and correct based upon the information available to me. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: 5 CARL J. DAVIS AND DONNA M. DAVIS, husband and wife, Plaintiffs V. LEE ROLAND Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 00-2279 CERTIFICATE OF SERVICE I, Anthony J. Nestico, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the --/f day of May 2003, a copy of the foregoing Reply to New Matter was sent via First Class U.S. Mail, postage paid, to the following: Ray J. Michalowski, Esquire Caldwell and Kearns 3631 N. Front Street Harrisburg, PA 17110 6 FINN CARL J. DAVIS and DONNA M. DAVIS, husband and wife, Plaintiffs VS. LEE ROLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2279 PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned on behalf of Plaintiffs, Carl and Donna M. Davis, with respect to the above-captioned matter. /in Res ct y bmitte r I ??_ Anthony J. Ne , Esq ire Attorney I.D. No. 58868 Maura B. Mundy, Esquire Attorney I.D. No. 82672 Nestico & Druby, L.L.P. 840 East Chocolate Avenue Hershey, PA 17033 TO THE PROTHONOTARY: Davis Kindly enter the appearance of the undersigned on behalf of Plaintiffs, Carl J. Davis and Donna M. Davis, with respect to the above-captioned matter. Respectfully submitted, Matthew Chabal, III, Esquire Attorney I.D. No. 49926 Jarad W. Handelman, Esquire Attorney I.D. No. 82629 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Mailing address: P.O. Box 650 Hershey, Pennsylvania 17033 Courier address: 134 Sipe Avenue Hershey, Pennsylvania 17036 (717) 533-3280 Attorneys for Plaintiffs, CARL J. DAVIS and DONNA M. DAVIS CERTIFICATE OF SERVICE 1, MATTHEW CHABAL, 111, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Praecipe for Withdrawal of Appearance and Praecipe for Entry of Appearance upon the following by depositing same in the U.S. Mail, postage prepaid at Hershey, Dauphin County, Pennsylvania this ?? day of September, 2004. SERVED UPON: Ray J. Michalowski, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110 Matthew Chabal,111, Esquire Attorney I.D. No. 49926 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Mailing address: P.O. Box 650 Hershey, Pennsylvania 17033 Courier address: 134 Sipe Avenue Hummelstown, Pennsylvania 17036 (717) 533-3280 CIO -TI ` '' _ CeJ C)i 3 (? D RL J. DAVIS and DONNA DAVIS, husband and wife, Plaintiffs Vs. LEE ROLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 2000-2279 JURY TRIAL DEMANDED PRAECIPE WITHDRAWING APPEARANCE ON BEHALF OF DEFENDANT Prothonotary of Cumberland County Please note our firm's withdrawal as attorneys for Defendant, W. Lee Roland, upon e of appearance of SNELBAKER & BRENNEMAN, P.C., as successor attorneys for said September at 2006 PRAECIPE ENTERING APPEARANCE ON BEHALF OF DEFENDANT Prothonotary of Cumberland County Please enter our appearance as counsel for Defendant, W. Lee Roland, upon the twal of appearance by Caldwell & Kearns. SNEL I R & ZBEMAN, P.C. By Ric C. Snelbaker Attorney I.D. # 06355 and By Keith 0. Brenneman LAW OFFICES SNELBAKER & BRENNEMAN, RC. Dated: September Rt , 2006 Attorney I.D.# 47077 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant 3631 North Front Street Harrisburg, PA 17110 N CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the foregoing vent consisting of Praecipe Withdrawing Appearance on Behalf of Defendant and Praecipe ing Appearance on Behalf of Defendant upon James, Smith, Dietterick & Connelly, L.L.P., V: Jeffrey M. McCormick, Esquire, Attorneys for Plaintiffs by sending the same by first- mail postage paid addressed as follows: James. Smith, Dietterick & Connelly, L.L.P. ATTN: Jeffrey M. McCormick, Esquire P.O. Box 650 Hershey, PA 17033 R?Ld C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Defendant September 22, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C) T7 J Cn ft1T F? CV ? C" T =Ll n rn rL co ? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: 0 for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Carl J. Davis and Donna M. Davis, husband and wife, (check one) ® Civil Action - Law ? Appeal from arbitration (other) VS. W. Lee Roland, VS. (Plaintiff) (Defendant) The trial list will be called on August 19, 2008 and Trials commence on September 15, 2008 Pretrials will be held on August 27, 2008 (Briefs are due 5 days before pretrtals No. 00-2279 , Civil Term Indicate the attorney who will try case for the party who files this praecipe: Jeffrey M. McCormick, Esquire, James Smith Dietterick & Connelly, LLP 134 Sipe Avenue, Hummelstown, PA 17036 Indicate trial counsel for other parties if known: Richard C. Snelbaker, Esquire, Snelbaker & Brenneman, P.C. 44 West Mail Street, Mechanicsburg, PA 17055 This case is ready for trial. Signed: JaLr a Print Name: Jeffrey M. McCormick Date: May 22, 2008 Attorney for: Plaintiffs 10 a? r- D co y CD "? CARL J. DAVIS and DONNA M. IN THE COURT OF COMMON PLEAS OF DAVIS, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v CIVIL ACTION - LAW W. LEE ROLAND, Defendant 00-2279 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 19th day of August, 2008, upon consideration of the call of the civil trial list, and no person having called the above-captioned case for trial, it is stricken from the trial list. By the Court, /effrey M. McCormick, Esquire P.O. Box 650 Hershey, PA 17033-0650 For Plaintiffs ?ichard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-6249 For Defendant Court Administrator :mae c A o/ o c x tea . 27 2-1 1 2, N CARL J. DAVIS and DONNA M. DAVIS, husband and wife, Plaintiffs, W. LEE ROLAND, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-2279 : JURY TRIAL DEMANDED WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw our appearance in the above-referenced matter as counsel for Plaintiffs, Carl J. Davis and Donna M. Davis. TO THE PROTHONOTARY: Hershey, PA 17033 Courier: 134 Sipe Avenue Attorney I.D. No. 82629 JAMES SMITH DIETTERICK & CONNELLY LLP Mail: P.O Box 650 Matthew Chabal, III, Esquire Attorney I.D. No. 49926 Jeffrey M. McCormick, Esquire Attorney I.D. No. 95049 Jarad W. Handelman, Esquire Hummelstown, PA 17036 Phone: (717) 533-3280 Kindly enter our appearance in the above-referenced matter as counsel for Plaintiffs, Carl J. Davis and Donna M. Davis. Dated: 4l 0 23 0? Jey M. McCormick, Esquire Attorney I.D. # 95049 THOMAS, THOMAS & HAFER LLP Mail: P.O. Box 999 Harrisburg, PA 17108 Courier: 305 North Front Street Harrisburg, PA 17101 Phone: (717) 237-7100 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the -6z day of October, 2008, on all counsel of record as follows: Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 1 7055-03 1 8 Matthew Chabal, III, Esquire James Smith Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 THOMAS, THOMAS & H P den J ey M. McCormick, Esquire m s:? ._i ?? ?.?. ?-: :` ?.' _.? ?ti-; -., N ? ? -, ;_. cS3 ` :.?? is ' ?, ?--?=, r? ?? ?r ?. ?, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. ? for trial without a jury. OF CASE ----------------- -- ____------ -- -- --- --- - ---------------------------- CAPTION (entire caption must be stated in full) (check one) CARL J. DAVIS and DONNA M. DAVIS, husband and wife, (Plaintiff) Civil Action - Law Appeal from arbitration (other) VS. The trial list will be called onDe cember -20, 2008 and W. LEE ROLAND, Trials commence on January 26, 2009 (Defendant) Pretrials willbe held on _ January 7, 2009 VS. (Briefs are due S days before pretrbds No. 00-2279 Term Indicate the attorney who will try case for the party who files this praecipe: Jeffrey M. McCormick Indicate trial counsel for other parties if known: This case is ready for trial. Date: -4zqA$- Signed: / Print Name: M. ! ' 1 c Cp r-' n,c N - r Attorney for: Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of October, 2008, on all counsel of record as follows: Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 THOMAS, THOMAS M. McCormick, Esquire 9a r k ; 90 j W rQ , w CARL J. DAVIS AND DONNA M. DAVIS, husband and wife, vs. W. LEE ROLAND, Plaintiffs Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, : No 00-2279 CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE ACTION TO: Prothonotary of Cumberland County Please cause the record of the above captioned matter to be marked as settled and discontinued with prejudice. THOMAS, THOMAS & HAFE By effrey M. McCormick Attorneys for Plaintiffs LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ecember 29, 2008 SNELBAKER & BRENNEMAN, P.C. By Richard . Snelbaker Attorneys for Defendant t yk CARL J. DAVIS and DONNA M.: IN THE COURT OF COMMON PLEAS OF DAVIS, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v CIVIL ACTION - LAW W. LEE ROLAND, Defendant 00-2279 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 30th day of December, 2008, upon consideration of the call of the civil trial list, and no person having called the above-captioned case for trial, it is stricken from the trial list. By the Court, /effrey M. McCormick, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17101-1216 For Plaintiffs ,-/Richard C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 For Defendant co i E S irt?t?Fc? Court Administrator , O'd5p pUCfsL l t i1 ?C? : mae -?_? {?? ?'? LL.I_-' e" } - ?? ?" 1:, Lr.; `"' i? t.L w Ct-r fv ?.. e :? :`?;) c.? C?.3 {„?