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Home My WebLink About00-02459 __"_'"." __,,~,_-o--_ ,- BRADLEY W. CASSELL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2000- :<'LlSCi ~7ERM JOSEPHINE M. CASSELL, Defendant (I ;IL :.€il'I@N- IN EQUITY 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 an 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 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 :i BRADLEY W. CASSELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. E; .1Iy NO,2000-':<'IS<j G;L~ERM JOSEPHINE M. CASSELL, Defendant CIVIL ACTION - IN EQUITY COMPLAINT 1. Plaintiff is Bradley W, Cassell, an adult individual residing at 415 Shippensburg Road, Newville, Pennsylvania 17241, 2. Defendant is Josephine M, Cassell, an adult individual residing at 4703 Enola Road, Newville, Pennsylvania 17241, 3. Plaintiff and Defendant are first cousins and for a period of time, resided in adjoining rental units in Newville, 4, Defendant was purchasing a tract of land outside of Newville where she currently resides. 5, Defendant approached Plaintiff about assisting her in the construction of a residence, She stated that she had made arrangements to obtain financing to payoff the balance owed on the lot, as well as additional funds for the construction of the residence. 6. Defendant told Plaintiff that if he assisted her in the project, he could utilize the basement area of the home for as long as he desired to enable him to save money to construct or purchase his own home. 7. Based upon the representations made by Defendant, Plaintiff undertook to make the following improvements to Defendant's property: a. Install siding on end gables of home; b. Install starter strips around home; c, Install steps to front door; d. Flash and counter-flash chimney; e, Frame door jams and hang doorsand trim; f. Build steps to basement; g. Help to install sand mound in; and h. Run piping to well. The agreed upon value of this work as between Defendant, the general contractor and her mortgage company was $8,000,00 8. Plaintiff, at the request of Defendant, provided the following improvements to the home: a, frame, drywall, run wiring, install mountain stone for wood stove, paint etc, for three bedrooms, living room, kitchen and bathroom in basement.- $12,000,00 b, construct a six foot by thirty foot front deck with shingled roof and two steps- $4,500.00 c. construct a four foot by eight foot second tier deck with steps - $1,200.00 d. build a fourteen foot by thirty six foot shed with two doors and one window-$5,000.00 e. mail box holder-$50.00 f. clothes line poles -$100 g. rake yard and plant grass-$1 ,500 h, concrete walk pad-$700 9. The total reasonable value for the labor expended by Plaintiff in the aforesaid improvements amounts to $25,050.00, 10. After Plaintiff and his family had lived in the basement for approximately one year, they were evicted by Defendant with no just cause. ~.i COUNT I 11. Plaintiff hereby incorporates paragraphs 1 through 10 above, 12, By reason of the money, time and labor expended by Plaintiff in exchange for the right to live in the basement for as long as needed to save money for the purchase or construction of a home, the parties had an enforceable contract which Defendant has breached. The parties had discussed that Plaintiff and his family could live there for at least five years. WHEREFORE, Plaintiff respectfully requests that the Court award judgment for Plaintiff, Bradley W. Cassell against Defendant in the amount of $33,050.00. COUNT II 13. Plaintiff hereby incorporates by reference paragraphs 1 through 12 above, 14. Plaintiff avers that Defendant has been unjustly enriched by the labor and materials provided in the erection and construction of the home located at 4703 Enola Road, Newville, Pennsylvania. ~.' "'~-',,-, ,--, I :::i WHEREFORE, Plaintiff respectfully requests that this Honorable Court award judgment for Bradley W. Cassell against Defendant in the amount of $33,050,00, Respectfully submitted, O'BRIEN, BARIC & SCHERER By: , ~~~ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0, # 28351 17 West South Street Carlisle, Pennsylvania 17013 (ob.dir/cllents/casselllcassell.com -.., VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements made herein are made subject to the penalties of 18 Pa, C,S. ~ 4904, relating to unsworn falsification to authorities, !l~~~a~ Date: -<';-1:2. ~() -'", ,- . BRADLEY W. CASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2459 EQUITY TERM v. JOSEPHINE M. CASSELL, CIVIL ACTION - IN EQUITY Defendant 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 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 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 Lawyers Referral Service 2 Liberty Ave, Carlisle, PA 17013 (717) 249-3166 TO: BRADLEY W. CASSELL C/O ROBERT L. O'BRIEN, ESQUIRE You ARE HEREBY NOTIFIED To FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE c~~ PETER J, Russo -- PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 BRADLEY W. CASSELL, Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-2459 EQUITY TERM v. JOSEPHINE M. CASSELL, CIVIL ACTION - IN EQUITY Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT NEW MATTER AND COUNTER CLAIM AND NOW, COMES, the Defendant, Josephine M, Cassell, by and through her counsel, Peter J, Russo, Esquire, and aver the following: 1, Admitted, 2. Admitted. 3. Admitted. The parties lived near each other in rental units from July of 1997 through September of 1998. 4. Admitted in part and denied in part, Defendant entered into a sales purchase agreement on said lot in May of 1995 and began building on said lot in August of 1998, 5. Admitted in part and denied in part. Paragraph 5 contains multiple averments which violate Pa.R.C,P. No. 1022. With respect to the first averment in paragraph 5, it is denied that Defendant approached Plaintiff about assisting with the construction of a residence. To the contrary, Plaintiff approached Defendant asking to build the residence, Defendant indicated that she did not have time to "stick build" and would use a modular system. With respect to the second averment in paragraph 5, it is admitted that Defendant obtained financing to construct her residence and additional improvements. ~. ^ .'- . . 1iiiH.'" .',-.', .^, '"<^':"-C.', 6. Admitted in part and denied in part. It is admitted that Defendant agreed to permit Plaintiff to be a guest in her home provided Plaintiff paid for the monthly electric bill, phone bill and provide labor for various projects on the lot. It is denied that Plaintiff could utilize the basement area for as long as he wanted. By way of further response, Plaintiff lived in the main living area for several months prior to moving into the basement area. 7. Admitted in part and denied in part. a. It is admitted that these "improvements" as set forth in this sub- paragraph were completed. b, The "improvements" as set forth in this sub-paragraph were not completed. c, It is admitted that these "improvements" as set forth in this sub- paragraph were completed but were not completed in a workman like manner. d. It is admitted that these "improvements" as set forth in this sub- paragraph were completed, e. It is admitted that these "improvements" as set forth in this sub- paragraph were completed. f, It is admitted that these "improvements" as set forth in this sub- paragraph were completed. g, The "improvements" as set forth in this sub-paragraph were to be completed by the builder and Defendant has no knowledge that Plaintiff completed this item. h. The "improvements" as set forth in this sub-paragraph were to be completed by the builder and Defendant has no knowledge that Plaintiff completed this item, 8. Admitted in part and denied in part. It is denied that any of the work set forth in any of the sub-paragraphs was worth the amount set forth therein. a. It is denied that these "improvements" as set forth in this sub- paragraph were completed. By way of further response, Plaintiff failed to completed joint work on the drywall. It is denied that Plaintiff , ~ 'l~'j completed the wiring, The mountain stone was an addition Plaintiff wanted to make and was not completed at the request of D. In fact, Defendant assisted in the collection of the mountain rocks for said item. b. It is admitted that these "improvements" as set forth in this sub- paragraph were completed. c, It is admitted that these "improvements" as set forth in this sub- paragraph were completed. d. It is admitted that these "improvements" as set forth in this sub- paragraph were completed, e. It is denied that these "improvements" as set forth in this sub- paragraph were completed, By way of further response, Plaintiff destroyed the mail box and never replaced it. f. It is admitted that these "improvements" as set forth in this sub- paragraph were completed. g. It is admitted that these "improvements" as set forth in this sub- paragraph were completed. By way of further response, Defendant assisted Plaintiff in this task, h. It is admitted that these "improvements" as set forth in this sub- paragraph were completed. By way of further response, the concrete pad was an addition Plaintiff wanted to make and was not completed at the request of D. 9. Denied. The value of the labor did not equal $25,050,00. To the contrary, any value of the labor provided was offset by the privilege of living in the residence. Strict proof of the value of the labor is demanded at trial. 10, Denied. P, a guest in the home of D, was evicted for good cause, 11. Denied. The Rules of Civil Procedure do not require a response to the averments contained in this paragraph. By way of further response, Defendant re- asserts the answers as set forth above. 12, Denied. Paragraph 12 contains multiple averments which violate Pa.R.C.P. No. 1022, With respect to the first averment in paragraph 12, they are conclusions of law to ~""'""-' ~- ~ -'-i~ which no response is required. In the event any portion of paragraph 12, is deemed to be factual, it is specifically denied that it is denied that Plaintiff and Defendant has any type of contract but rather Plaintiff was a guest in the home of D. With respect to the second averment in paragraph 12, Defendant is without personal knowledge of the conversations Plaintiff had with his family and therefore cannot respond to the averment contained therein. WHEREFORE, Defendant respectfully request this Honorable Court to enter judgment in favor of the Defendant and against Plaintiff in the amount of all expenses and costs incurred by Defendant in defense of this matter. 13, Denied. The Rules of Civil Procedure do not require a response to the averments contained in this paragraph, By way of further response, Defendant re- asserts the answers as set forth above, 14, Denied. The averments contained in paragraph 14 are conclusion of law to which no response is required. In the event any portion of paragraph 14, is deemed to be factual, it is specifically denied that there was any unjust enrichment as Plaintiff was compensated for work performed by being permitted to reside in the residence until, with good cause, he was asked to leave the residence. WHEREFORE, Defendant respectfully request this Honorable Court to enter judgment in favor of the Defendant and against Plaintiff in the amount of all expenses and costs incurred by Defendant in defense of this matter. NEW MATTER 15. Upon P's leaving of the subject residence at 4703 Enola Road, Plaintiff removed various items from the residence which where the lawful possessions of the D, 16, Upon P's leaving of the subject residence at 4703 Enola Road, Plaintiff destroyed various items from the residence which where the lawful possessions of the D, 17, D has requested the return or replacement of said items but Plaintiff has refused. 18. P agreed to pay various bills and has permitted said obligations to become past due and remain unpaid. ,- '"" , , 1iIi<k 19. P utilized a credit card in the name of Defendant to charge personal items purchased at Home Depot. 20. P has failed to pay the outstanding changes placed on said credit card for the personal items purchased at Home Depot. 21. Plaintiff failed to set a claim upon which release may be granted, 22. Plaintiff failed to mitigate his damages, if any. 23. Plaintiff may be barred in whole or in part by the applicable Statute of Limitations. 24, Plaintiff may be barred in whole or in part by the applicable Statute of Frauds. 25, Plaintiff's claim may be barred by the estoppel, waiver and latches. 26. Plaintiff's claim may be barred by the Principles of Accord and Satisfaction, 27, Plaintiff's claim may be barred by the doctrine of payment. 28. Plaintiff's voluntarily assumed the risk of the facts set forth in this Complaint and accordingly his claim is barred, 29. Plaintiff's claim may be barred and limited by the doctrines of comparative negligence and/or assumption of the risk. 30. No conduct of the defendant or agent of the answering defendant resulted in or is the proximate cause of any injury or damage sustained by the plaintiff. 31. Any injuries and/or damages claimed by the plaintiff, if proven, were caused by persons other than answering defendant and not within the control of answering defendant. 32. At all material times hereto answering defendant acted reasonably, appropriately and caused no injuries or damage to plaintiff. 33, Any harm suffered by the Plaintiff arose out of their own non-performance of the essential obligation, COUNT I REPLEVIN 34. D demands the return and/or replacement of the items wrongfully removed by the P. acted as their own general contractor in the building of this residence. A true and correct list of said items is attached hereto and incorporated as Exhibit A . . llIi!;., WHEREFORE, Defendant respectfully request this Honorable Court to enter judgment in favor of the Defendant and against Plaintiff for the total of the items set forth on Exhibit A in addition to the amount of all expenses and costs incurred by Defendant in defense of this matter. COUNT II BREACH OF CONTRACT 35, P agreed to pay various utility bills including, but not limited to, the telephone bills an the electric bills. 36. P also agreed to repay any and all amounts charged onto D's Home Depot credit card, 37. P has failed to pay various utility bills. 38, P has failed to pay the outstanding balance of personal items he purchased at the Home Depot with D's credit card. 39, A true and correct list of said outstanding obligations is attached hereto and incorporated as Exhibit A WHEREFORE, Defendant respectfully request this Honorable Court to enter judgment in favor of the Defendant and against Plaintiff for the total of the items set forth on Exhibit A in addition to the amount of all expenses and costs incurred by Defendant in defense of this matter. ~~~ Peter J, Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Dated: 5' la~/a-CfC'C,) " "..' ",. BRADLEY W. CASSELL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-2459 EQUITY TERM v. JOSEPHINE M. CASSELL, CIVIL ACTION - IN EQUITY Defendant VERIFICATION I, Josephine M. Cassell, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa,C.S, 94904 relating to unsworn falsification to authorities, 7/~~ rJL!; ~Mb DA'tE ~'7.1~ se ine M. Cass I ' Items for the H(luse Doors for the wood stove (50-50) $100,00 Gas tank to the grill 28,98 Interior doors downstairs x4 39,00 Door knobs downstairs interior x4 12,98 Kitchen cabinets ( would like originals returned) Smoke deterior for the basement 12,63 Exterior lights xl 18.63 Rubbermaid tote box 25.00 Leather boots 40,00 Remaining unpaid bills Phone bills Feb March Electric bills Janl5 - Feb 15 Feb 15 - Mar 15 Satelitte Bills Feb 3 - March 3 March 3 - April 3 Items from the shed Wood plainers l@ l@ Saw blades 7 1/4" Piranha All purpose Clothesline hardware Truck ramps 8 2x6x8" treated lumber Battery for the riding tractor 18" push broom Case of oil Floor Jack Roll of tar paper Bundle of shingles Tree and shrub trimmers Yard rake Garden hoe Roll of electrical wire Lumber 4x 4x4xlO @ $9.95 each 6x 4x4x8 @ $5,95 each Flashing (1 Oxl 0) $162,79 76.95 243.45 132.88 $9,96 19.92 $11.98 15.49 20.48 51.84 24.99 12.15 14.28 49.99 8.47 8.66 29.98 8.33 8,33 48.00 BRr\D ($6.48 each) 35,70 6,33 ~.'. 156.00 38,94 37.26 '-'-~- '"if:~. - " Outslandinl! amounts due on credit cards New doors locks Shed hasp Pad lock House deadbolt New d'Jor for the hallway Deadbolt for hallway , \ I \ \i \ BRAD $688.56 8.97 7.56 26.94 117.00 19,87 ~_. ,,,-<~~_., r ," ~-_. . ,~M__~ ~"~~~ ...= .~. '1ili~. .. ~ . . ,,~ BRADLEY W. CASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2459 EQUITY TERM v. JOSEPHINE M. CASSELL, CIVIL ACTION - IN EQUITY Defendant CERTIFICATE OF SERVICE I, Peter J, Russo, hereby certify that 1 am on this day serving a copy of the foregoing document upon the person(s) and in the matter indicated below: Service by First-Class Mail, Postage Prepaid, and addressed as follows: Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Date: ~18"S- J vu C~(-j l~ Peter J. Russo, Esquire _~rn m ,~ " I"'~~'.drrl ,..;; ". '"", < '-~ '~"~I!>>;,~!!O~ ""..>'auil,Jh N, ,'w''" 'b_ ' ." .""-'. ~~ . .' 0 Cl 0 C'. CJ -n -"' ,.,.~"" ..... -U c::: ~p.. :C;n rr1 f"] '-"".. in- ::'~: ',. , ''0 . co t:9 ,'"-. Ui :'0. ~;~ s::;e, ~~~ -U "C:f.j '.-"J =:: i~;2("=:> L~rn , , , - 0 '- ...."1 --j ?; :,11 >- :xl , CO '< PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sul:mitted in duplicate) '10 THE PlU1tI:>N:/l'ARY OF CllMBERLAN> COONI'Y Please list the follow.lng case: (Check one) ( for JURV trial at the next tEmll of civil court. ( x) for trial without a jury. --------------------------------~-------- CAPI'ION OF CASE (entU:e caption llIJSt be stated in full) (chec:k: one) (x) Civ:l.l Action - Law ) Appeal frcrn A..-bi 1:ration BRADLEY W. CASSEL (other) (Plaintiff) vs. JOSEPHINE M. CASSELL The trial list will be called on and Trials cannencE> on (Defendant) PJ:etrials will be helc! on (Briefs are due 5 days before pretrials. ) (The party listing' this case for trial shaH pxovide forthwith a copy of the praecipe to all counsel. ptJr'SUMt to loc::al ~ 214.1. ) vs. N:l. 2459 civil EQUITY J(9{ 2000 Indicate the attorney who will try Cl!U5e for the party who files this praecipe: PETER J. RUSSO, 5010 E. TRINDLE ROAD, MECHANICSBURG, PA Indic.!lte trial counsel for other parties if known: ROB O'BRIEN, 17 W. SOUTH STREET, CARLISLE, PA 17013 17050 This case is ready for trial. SignedC ~~ 1,- Date. " 13Jaoo I Print Nane: PETER J. RUSSO. ESOUIRE , Attorney for: DEFENDANT '-;;~; !!iliIlI ,~, , ~ ,~ IBr_ll.r~~'~ ~,~~ ._~ .-.~_. .-,~ , "" ^'~~ji0c~~ .~_. ~",,,,,,,,,,,,,,,,~-, ~ " ., d ~"'-"' .. """~ ,.. .~,-,,;~ ,',"-= 0 c () C T, ? ,- ---1 -= -OeD c: T ~,::: .-: mri: :;;;C ir~ Z:C -...m z~. "9 SQ~: c..n . ._J ~~~ GO "U ,- Fe'" ~ .~, (1 Zd ~m :<>c :z ,(11 :;; =< N ~ ~ ~ ~~ : c "" " SHERIFF'S RETURN - REGULAR CASE NO: 2000-02459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASSELL BRADLEY W VS CASSELL JOSEPHINE M HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon CASSELL JOSEPHINE M the DEFENDANT , at 0014:35 HOURS, on the 3rd day of May 2000 at 4703 ENOLA ROAD a true and attested copy of COMPLAINT - EQUITY together with ! i r i I i I i I: NEWVILLE, PA 17241 by handing to MELISSA BARNISHYM (ADULT LIVE IN FRIEND) NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 10.00 .00 34.82 So Answers: ~~~.,~~~ R. Thomas Kline '0..5/04/2000 O\BRIEN, BARICK & SCHERER Sworn"and Subscribed, to before By: z.i~( N ~1"7 eputy Sheriff me this ftt::. day of ~ J-ouv ,A.D. ~ Q nAlip,~ ~,. P othonotary , f - . ~ . ~-~,~--.. ""-,-_" ""^"N-.i'~_'-' ",~,~". '^'. ",,__,,_~.'~ -.',.-';:,,:"--, ".,',.." Richard J. Pierce Court Administrator OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square. Carlisle, PA 17013 .Phone Taryn N. Dixon (7"17) 240.6200 Assistant Court Administrator (717) 697-0371 (717) 532-7286 (717) 240.6462 FAX MEMORANDUM TO: The Honorable Edgar B. Bayley ~{,) FROM: Taryn N. Dixon, Assistant Court Administrator DATE: June 19,2001 INRE: 2459 Equity 2000 BRADLEY W. CASSELL v. JOSEPHINE M. CASSELL The above case is assigned to you for a non-jury trial. Please provide me with copies of your scheduling orders and final disposition date so that I can monitor the case for statistical purposes. Attachment I~. _ ~ . ~ 11;..'1 .' JUN 1 8 Z001P'J PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and subnitted in duplicate) 'IO THE P~ARY OF ClJMBERI.AN) COONI'Y Please list the following case. (Check one) (for JURY trial at the next tenn of civil courS C> s.. L- -0 r--t'l c:: ( x) for trial Without a juxy. ~t*l :z ------~--~----------------------~----~~-~ 'CAPTION OF CAsE C:;::O ""D (entire caption IIIlSt be stated in full) (check one) :E;;o::t; ~o J>c - (x) Civil Action - ~ g; 1 Appeal f:r:an Arbitration C) 'n ..-I '-:-;, =:J "'.--- ~~ ,.,J :;: ::D -< BRADLEY W. CASSEL (other) (Plaintiff) vs. JOSEPHINE M. CASSELL The trial list will be called on and Trials cc:mnence on (Defendant) Pretrials will be held on (Briefs are due 5 days before pxetri.a.ls. ) (The party listing' this case for trial shall provide forthw1th a ocpy of the praecipe to all counsel. pursuant to local Il1le 214.1.) VB. No. 2459 Civil EQUITY .l% 2000 Indicate the atto:mey who will b:y case for the party who files this ~;P"'; PETER J.RUSSO, 5010 E. TRINDLE ROAD, MECHANICSBURG, PA Indicate trial counsel for other parties if known. ROB O'BRIEN, 17 W. SOUTH STREET, CARLISLE, PA 17013 17050 This CClSe is :ready for trial. Si~C~"-\} ~ Date. ~.JlJaOOJ Print Nane: PETER J. RUSSO. ESOUIRE , Attorney for: DEFENDANT .:, ~;'i BRADLEY W. CASSELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2459 CIVIL TERM JOSEPHINE M. CASSELL, Defendant CIVIL ACTION - IN EQUITY PLAINTIFF'S ANSWER TO NEW MATTER AND NOW COMES, the Plaintiff, Bradley W. Cassell, by and through his attorney and respectfully represents as follows: 15. Plaintiff denies that he took items of property that were the Defendant's. 16. Plaintiff denies that he destroyed any of the Defendant's property. 17, Plaintiff admits that the Defendant requested return or replacement of property, however, it was the Plaintiff's property, not the Defendant's, 18. Plaintiff agrees that he would pay the electric bill for his family and for the Defendant's usage. The Plaintiff objected when the Defendant started moving additional people in. He requested that these people contribute to the costs of the electric. 19. Admitted. 20. The Plaintiff admits that he owes the Defendant about $500.00 for items purchased on her account which he retained. The agreement between the parties was that he could do this and reimburse her for the costs. He has offered to pay for these items, but the Defendant has refused to accept payment. I' , II 21-27, <,--,--! These allegations are mere conclusions of law accordingly, no response is necessary. 28. The Plaintiff did not assume the risk that Defendant would not perform her obligations. 29. This states a conclusion of law to which no response is necessary, 30. Plaintiff contends that the Defendant putting him out of his home has caused him injury. 31. Plaintiff reiterates that the Defendant is the individual who has injured the Plaintiff. 32. Plaintiff denies that the Defendant acted reasonably and restates the allegations in his complaint. 33. It is denied that the Plaintiff did not hold up his end of the bargain. COUNT I REPLEVIN 34. The Plaintiff responds to the items in Exhibit A as follows: A. II B. C. D. E. he and the Defendant purchased the wood stove, If the Defendant pays him $50, he will return the doors. the Defendant has the grill and the gas tank the Plaintiff purchased the doors and the doorknobs were on them. the Plaintiff purchased the cabinets the Defendant took the smoke detector and has it in her possession. the Plaintiff purchased the lights, the Plaintiff has no idea of the whereabouts of the tote box the Plaintiff has no idea of the whereabouts of the boots the Plaintiff denies that he is responsible for the phone and electric bills. The Plaintiff has already paid several hundred dollars extra to cover her guests expenses. F. G. H. I. I J, the Plaintiff denies that he has any wood planers that are not his property. K. the Plaintiff admits that he has the Piranha saw blade and agrees that he owes the Defendant for the cost of this. L. the clothesline hardware was purchased by the Plaintiff M, the truck ramps were rotted, The Plaintiff discussed the condition with the Defendant and she permitted them to be burned with other scrap materials. N. Plaintiff purchased the eight pieces of treated lumber O. the Defendant has the battery for the riding tractor, as well as the 18" push broom. P. the case of oil was used in the Defendant's truck and riding tractor. Q, the Defendant has the floor jack R. the Defendant gave the roll of tar paper to the Plaintiff S. the Defendant has the shingles, they are behind the shed T. the Plaintiff does not know the whereabouts of the tree and shrub trimmers or the yard rake. He admits that he has a garden hoe, but it is his property. U. the roll of electrical wire was used in the construction of the Defendant's home V. the ten pieces of wood were either used to construct the clothesline posts or used in the Defendant's deck W. the flashing was used in the construction of the Defendant's home X, the Plaintiff admits that he is responsible for some of the money that was charged on the Defendant's Home Depot credit card. Y. the Plaintiff denies that he is responsible for the doors and door locks as outlined, WHEREFORE, the Plaintiff respectfully requests that the Defendant's claim be dismissed. COUNT II BREACH OF CONTRACT 35. The Plaintiff agrees that he would pay the utility bills involving his family's usage, as well as the individual Defendant's usage. He avers that he has paid in excess of what he was responsible for due to the Defendant's various guests, II 36. The Plaintiff agrees that he does owe some money for items that were charged on the Defendant's Home Depot credit card, 37, The Plaintiff has paid all bills that he was responsible for and in fact, has paid money on bills that he was not responsible for. 38. The Plaintiff has spoken with the Defendant about repaying her for the Home Depot charges but she has refused. WHEREFORE, the Plaintiff respectfully requests that this Breach of Contract claim be dismissed. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: Robert L. O'Brien, Esquire Attorney for Plaintiff, Bradley W. Cassell I.D, # 28351 17 West South Street Carlisle, Pennsylvania 17013 robrien@obslaw,com rlo.dir/clientslc,ssell.ans VERIFICATION I verify that the statements made in the foregoing Plaintiff's Answer to New Matter are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa, C.S, S 4904, relating to unsworn falsification to authorities, ~w~,~ Date: '1- i-DO jl I, II .,~ ~.' ~, c...,"'" PETER J. RUSSO, ESQUIRE P A Supreme Court ill: 72897 5010 East Trindle Road, Suite 200 Mechanicsburg, P A 17050 717-591-1755 Attorney for Defendant BRADLEY W. CASSELL : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNT~PA Plaintiff : NO. 2000-2459 EQUITY TERM v. JOSEPHINE M. CASSELL : CIVIL ACTION - IN EQUITY Defendant NOTICE OF SERVICE OF DEFENDANT'S INTERROGATORIES AND DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS TO: THE PROTHONOTARY This is to certify that on this day, I, Peter J. Russo, did serve a copy of DEFENDANT'S INTERROGATORIES AND DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS to Plaintiff, Bradeley W. Cassell, through his counsel of record, Robert L. O'Brien, by depositing a copy of same with the United States Postal Service, with first-class postage prepaid, which was addressed as follows: BRADLEY W. CASSELL c/o Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, P A 17013 ~~" Peter J. Russo Date: October 27. 2000 f~f- ,,- fl! ,'.... ~-~ "t : '\;I PETER J. RUSSO, ESQUIRE P A Supreme Court ill: 72897 5010 East Toodle Road, Suite 200 Mechanicsburg, P A 17050 717-591-1755 Attorney for Defendant BRADLEY W. CASSELL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff : NO. 2000-2459 EQUITY TERM v. JOSEPHINE M. CASSELL : CIVIL ACTION - IN EQUITY Defendant CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day serving a copy ofthe DEFENDANT'S INTERROGATORIES AND DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: BRADLEY W. CASSELL c/o Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, P A 17013 G2LGl " Peter J. Russo Date: October 27. 2000 ~i~~ik'tJi~."lIdi.ld,totii;;1hi!:t,ti~'~'f~Wfil&,,,,,~~"'''''6'';;-,,,~jfu",,,j,i~,t,fril?Fg;,>MioM~~M~~~l!lfu;;fi_'M"'a._~~iW~~~loIiWiaW ,.-. '~~ic.""kdJ'" I", "~e:i ~ /' (") 0 0 C 0 'n g: 0 :~:l -OeD c-> '~,\; :0 mrn ...... ',... Z:;O w ''':JOl ZC cCJCJ en '.. i~~; S? ,,<2: !.<c ::P ej:D ~o Z -~/(? ;p:g - Orn - -4 ~ C" 35 0' -< ,..". "- ~,-"". nn m_ _^,' ',~, ~ ~I BRADLEY W. CASSELL, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPHINE M. CASSELL, DEFENDANT 00-2459 EQUITY ORDER OF COURT AND NOW, this -z~ day of June, 2001, an adjudication in the within equity case shall be conducted in Courtroom Number 2, on Wednesday, August 1, 2001, at 1 :30 p,m, By the Court-/ / / (( Robert O'Brien, Esquire For Plaintiff Edgar B. Bayley, J. leol 'lF~~1-0 I copy (Y\ell I PeterJ. Russo, Esquire copy {YIo.j\~d (p.~7<J1 For Defendant Court Administrator :saa i:.- ~,~~ . ""'~ .",4 .-- -, ,- Ol JUr'12.6 ,- ~~JT;\FiY 3: 2S~ - ',', ,', (,;'" JI\r(V C11!\,':,I"\"\-)1 ;,;,:"u \j,...A 111 U1J.l...>I__' ,,~. ' i)E~~NSYLVJ1Jji/\ 1MIlIl~~!;:~JA.,.~~~~ I' - ~_~""'!~~~-r'I!.=~4.. ',", ,_v""l./lI! .-~". , '~ ",,'~,. .. --, ,-__ . - 1 "c,..L>.., , , __~ " ,,' If, I:' ! l': '~' : \, BRADLEY W. CASSELL, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPHINE M, CASSELL, DEFENDANT : 00-2459 EQUITY ORDER OF COURT AND NOW, this ~ day of July, 2001, the adjudication in the within equity case currently scheduled for August 1, 2001, is cancelled and rescheduled for Courtroom Number 2, on Thursday, August 2, 2001, at 1 :30 p.m, Robert O'Brien, Esquire For Plaintiff ,/ y . *' Edgar B. Bayle , J. Peter J. Russo, Esquire For Defendant Court Administrator :saa ....1I'I10ll ~ "" ~J ~ ~, -"l -to ~ P~ge I of 2 6/20/98 Irlteriol" Exteriol" Trim out Agreement Interior trim out TJte builder will supply all the materials required to trim out the interior of the modular units after they aI;e set on the customer's foundation wall. The builder will go over with the customer's trim out contractor the entire required task to complete the job. 'Mte builder and customers contractor will at that trim note all Factories required service and the bl(lilder would complete a Factory service request at that time. Tlisk to be completed by Customers Contractor. IJRemover all exterior trim out materials from house and place them in an area to avoid damage. 2~Cut out all marriage wall door areas. 3:Remove basement entry shipping materials. 4!Roll back ~t at marriage wall door areas to avoid damage to carpet and vinyl. 5;Complete marriage wall doors with Jam, Lockset, trim. And all marriage wall trim. 6lComplete open archway from Living Room to dining area. 7;Check and adjust all interior doors for proper operation. RRepair and complete any shipped loose drywall areas. 9!Repair all shipping cracks and any nail pops in drywall area. lO.Install all window screens and check for proper operation. 11. Touch up and paint all repaired areas of drywall. 12.Clea1 all construction debris from the unit. 13.Damp mop all baseboards and vinyl areas. 14. Wash interior of all windows 15.ReSet and adjust all exterior Doors as required. 16.Builder will arrange for Carpet Installer to come and complete carpet seams. 17.Built basement stairs with builder supplied materials. 2-2xl2x16,4-2xlOxI2 Hanger 36"x20" will be cut from loose decking materials shipped from factory in stair well area. Additional Materials supplied. 1 Bd.- Door Shims l-rol paper drywall tape , I-Bag Fast set drywall Paste I-SGal drywall joint compound Allflldmiessupplicxlc.1oor9.. trim,.drywa1l nails, s1mpSetA:.. 2- Gal. toudaupjnterios gaint.. PLAINTIFF'S EXHiBit ~/zff)' ~ Exterior Trim Out The builder will go over all required tasks to complete the exterior trim out of the modular unit 1.Install siding starter strip on front and back of unit and complete first row of siding. 2.Complete all shipped loose siding on ends of modular units. 3.Complete all gable end trim. 4.Complete any shipped loose front and back fascia and soffit 5.Builder will arrange for Gutters and downspouts to be site installed. 6.Clean up and dispose of all exterior siding and trim debris 7.Builder will supply up to 4 tubes of caUlking to complete any exterior required caulking. The customer's contractor will be responsible to complete the entire above task to the customer's full satisfaction within 30 days of the builder setting the modular unit on the foundation wall. The customer's contractor will be responsible to supply all tools and electric, heat, water as required. 2- ~,. ._""'~,-~ 0' , ~ ~ ~ I 'l'\., ."'1 Page 2 of02 6/20/98 Interior Exterior Trim out Agreement In the event the customer's conlIact does not complete the required interior and trim out task. The customer will be responsible for the FULL COST to complete the trim out of the interior and exterior of the modular units to Minimum Factory specifications. The custom will be responsible for the quality and performance of their chosen trim out contractor work. The customer will agree to be responsible for any and all liability from and to their chosen trim out conlIactor. The Builder is nor responsible for any payment for the required task to be completed in this agreement Any payment will be handled between the customer and the customers chosen conlIactor. All parties signed below agree to be bound by this agreement until the task is completed. The customers chosen contractor agree to warrantee all their supplied work to the customer for one full year from date of completion. Additional-Conditions, the builder will provide a 4 Spot stub up in the Basement area for the customers Trim out ConlIactor to install an additional bath. An allowance is providing for in the construction agreement for the customer to purchase bath fixtures for their completion of this bathroom. {~/$ ~~-=.~~/ cffr( L- Builder-Lym K Donivan . i:;/err ~20/?g/ Date IO~L ~-'-' I......' ,4 . cO", ~ ~~ ~ -", _0 "'0 "" x"" .0 -0 NO ~ -:0 3: N3: IN N - - ~ - ---------- ---------------- 0 0 ~ ~th ~ ~ :>o- r-- :::j<'<;! S~ ~ n- ::1:0 Z' ",X C)~ Z- ",,- t ~~ - -... - 0-: ON ON Z 3: Z C) ~ l ~~ 1'3'" '" ", o e3 o 3: ~ 'S) ~ ~~L_ rwP:I ' ~ ~ - ,./' i. .~ Uti ..__1 I Area I w I : L____ ""---- I I \D L____ Josey, Newville 24x46 Ranch 3 Bedroom 2 Bath Full Basement .~ _.- M": ':t' t"\ \ , \ PLAINTIFF'S EXHIBIT .. ~-, , , "1' ~, , , ___~ ~-~!',i ~1871 IS 19.2f.. qq Oq..S ....,.-. . !, f, I I u III " I ! I if .'I;~" 941 \ , \ .:siWJ i i , ',-;. - ~ :~ _'!'C.. j, j' , (~ 'I ! .. ;~il,,; 9:.' ~j ~.'~~~;~~~ - - ; ! . ~"::~"~~~d3~,~~.L-. '~"'-" '~:~~~;~_;;~!~;~t~"~~~..._ '~~:_:;., FOB 1:0:1 ~:l0 '18~:isl: 5'10 bil" OS'" 2 ,"OOOOOOO? b '1,,' ~ ",- ~8 . - ,~'" ._~~ ILOWE"'S (717) 7tt-8562 -SALE- SALES"ANt: S485K"1 13897 11-27-98 78914 NON-"El. IIALL BOX 1.88 2335t 1. 5"9~D PVC ST EL 8.98 2267111/2"P-TRAP WIUNIO 1.92 78t24 GRND. SlIlTCH IIIORY 1.88 3 @ 8.36 23298 11/2"PUC " ADAPTER 8.38 23298 11/2"PUC " ADAPTER 8.38 23281 l1/~"PUC COUPL 888 8.24 23352 1.5"98D ELL SHORT 8.37 2326111/2"PUC COUPL 888 8.24 233% 2X2Xll/2" SANTEE 2 1.19 233% 2X2Xl1l2" SAlITEE 2 1.19 2335l1.5"'lllD ElL SHORT 8.37 23352 1.5"98D ELL SHORT 8.37 71882 SQ-D BRKR 2IIA SP. 5.43 72%9 2G DECOR SlI PLT-IU' 1.91 21511 lI2CXCSTOP&lIASTE 3.21 21511 1I2CXC STOP&lIASTE 3.21 78974, NOIHIEl. lIALL BIlL U8 78972 NON"lIET. lIALl BOX 8.21 7811fCABLE COP N"259'. 24.88 7257115A &FCI W/PlT-JU, ,. 7;25 25818 TEFLON TAPE ,', 8.79 24944 112",SWT AGL SUPST 2.53 24944 1/2"SIlT AGL SUP ST 2.53 2t581 BROAN BATH FAHIlT. 29. 97 2f.773 3"SPIGOT FIT CI.IISE 2.23 24944 ,1I2~SIIl AGl SUP ST 2.53 24944112"SlIT ,AUL SUP ST 2.53 -,1I2"COPPER FTG IEE 1.48 , 4 8 8.37 21848 1I2"COPPER "-ADPT 8.47 23817 PIPE31'2lX18'~~~ 14.84 SUBTOTAL: 114.11 TAX 38558:' t.85 INIIOICE 598 TOTAL: 128. % ~ANCEOU~ 128. % "I^' CASH : 121.88 CHIllIGE : 8.84 8485 43 11/27/98 89:47:25 REF": 598 THANK YOU FOR SHllPPING LOWE'S DECORATING FOR\THE HOLIDAYS? LOWE'S HAS AHUSE sa. rcnON, OF HOLIDAY DECORATIONS, ALL AT\ ~TABLE PRICES - . 1~.) \ ) LOWE"'S (717) 7tt-85t2 -SALE- SALES"ANtI: S485001 59297 82-211-99 23832 PIPE 2"X18' DlIU PUC 2.99 23818 PIPE 1/2LX5'COPPER 18.t8 3 8 3.5t 711812 CABLE COP N" 25' 5.88 7882'J CABLE COP IIIl 25' 12.58 22755 ADS SANTEE HUB 3" 2.54 51(,85 FlEX UIIIY1. TUBING 9.93 51614 JH Cl.AIlP PUlSTlC 1.43 23353 2" 'l8D ELL SHORT 9 8.94 2 8 8.47 23342 2" 450 PUC ST ELL 8.78 23332 2" 22.50 ELL OWUPU 1.11 23488 3X3X2" PUC SAlITEE 2.35 t8477 lIALLPLATE IG RCPT U5 58 8.21 91429 114" STAPLE - 1258 2.47 91429 1/4", STAPLE - 1258 2.47 81349 DRYER RCPT 38A SUR 3.97 72471 NOIHlET. SGL,GANG 8.59 718211 SQ-D BRKR 38A. DP. 12.48 22681 CLAHPS 31/16-4 1St 8.94 21841 1/2"COII STRPSPK 8.78 ll8748 RCPlISOl GRND IU 8.59 21518 1/2"1JALY,BIlILR DRN 1;91 21518 1/2"lJALY'BIlILR DRN 1.91 21798 1I2'CO~PER F1HlIlPT 8.73 21798 1/2"COPPal F1t-ADPT 8.13 21m 1/2"COPPER FrG TEE 8.37 21m 1/2"COPPER FrG TEE 8.37 2m8 1/2"COPPER FrG ELL 8.15 88812 SOLD IOCHANDISE - 8.81 SUBTOTAL: 82.57 TAX 38558 : 4. % IN\lOICE 458 TOTAL: 87.53 BALANCE DUE: 87.53 CASH: 'lll.88 CHANGE : 2.47 8485 43 82/28/99 It:44:88 REF": 458 THANK YOU FOR SHOPPING LOWE'S GET ORGANIZED IN 1999! LDlIE'S HAS THE STORAGE AND HO"E ORGANIZATION PRODUCTS TO HElP YOU CONOUER ClUTTER. SAlESIIAN~: S4 ," 238ii~hE .11 "~j'~" .: .,' '.. ,. SUBTO L: ' ~, ""',TAX 385511 : , , ,INVOICE _334 TOTAL: 't,," , 1l~5'57 n/28/98 11:51:57 ,,,,,lr: -SALE- SALESMAND: S41t5JWl 44979 88951 IX&X8 TOP CHOICE D 3 @ 5.25 63853 ll"SRL/CL GLS PBl2 4498& lB. 501 HD CONT.ADH 4 @ 1.97 &4742 HINGE 5/8"RADIUS 3 64742 HIHGE 5/8"RRDlUS 3 729&4 IG MIDI DECO PL-WH 72997 2G HGH ABSE SW PLT 2438& FCT COUP NUT LP 25888 1/2"IP SHAL FLNG C 78972 NON-MET. WALL BOX 85664 18 OZ TUB&TIlE WH 24979 3/8X38"LAV POlYTBE 24979 3/8X3II"LAV POLYTBE 25233 PVC TLT CTR 1/2X7/ 24447 1/4X21/4"BOLTS L27 23349 2" PVC ELL VENT 48 23464 CEMENT PVC 4 01 64359 ADJUSTABLE LIP STR 24658 P- TRAP PVC l-l/2"L 11749 JOINT TAPE Gyp 258 28695 CLO SEAT REAL OAK 73426 B~ LITE 4-L OAK&B 58030 I/O 68WATT GLOBE W 58838 I/O 60WATT GLOBE W 23695 OAK MIR TANK rOPlI SUBTOTAL: TAX 385511 : INVOICE ~5 TOTAL: ..z' 0405 57 llmm 11 :51 :57 ,t ~ ~.~ ~ ~, }~:~": ,;-", i " [ ( {, \, :"f, 1:>' ,:f> " RETURN REF" 334 TOTAL: SALE REFD 335 TOTAL: MLANCE DUE: CHECK : 1 . ~ ' 11-28-98 15.75 14.% 7.88 2.86 2.86 8.61 8.92 8.83 8.73 8.21 2.44 1.45 1.45 2.78 1.25 1.4& 1.28 4.24 1.42 1.25 9.49 1&.42 2.57 2.57 32.64 128.72 7.73 136.45 REF": 335 """----- 4.97- m.45 131.48 131.48 THANK YOU FOR SHOPPIH~ LOWE'S DECORATING FOR THE 1IIOLIDAYS? !i, LOWE'S' HAS A HUGE SELECTION OF HOlIDAY"! DECORATIONS, ALL AT UNBEATABLE,PR\CES,l"" :.~f'~"~~ ~', '>-,~ ',', !Q. ~._-ii\I : I .~~l\." u' i IE "ilWiE DEPOT 4 J.20 ,:,111,11.1' U\RUSI E FIFEr nEW. PI, IlO~\:5 Iit,d~:I; IIWES /V'lf'lf1GEr.: ("717)795'.'7'602 ,i:II"II,f:. ~ J~~O OUOOJ 13'166 11 il2 \)9,~56H.\~n720 1X10 6 ~) 09~5hJn33720 lX10 6 ~~ U? \:')6 J O.JTiOO J:< 11)^.6 D F 09i561033:,]00 lX10X6 D F , i)'i~~:)iil i):rnoo lX.lI)'f(') D P , 09~~5/dl.n:J:300 lXlOX6 0 F 07',~56J033300 1X.l.0);:1.) 0 F' 09:i5,,103:330n lXlOX6 D F' OS:'.~5bl0T.rJOO l/.lO/,;, D F' 0?0529605S62 1.11 Il, l.I;IIF Ol6JJ2,\03353 6 1/2 SA1,J 07?'!-i.j,ilOIf2'i'. [oRYEIi: HOSE I)';';:; 'i -/'::' J O:,~ j 66 j h; r_E'l LE~j (r:-';~,~;'}103U.i') Jl\~ 1':E'il,..ES O~;'{;.:i';71.0:}J.b6 .lFC I~E'd.ES l)7g,~r:!10J166 1PC I'~E'(LES ?6.~666J5t12~5 SCHEWS lLB I) 12DO~j01.0063 p. THAF' O?21,;,~ 4 '?-W,~,66 WIRE STRIP l113250300/4/ 'ILWHtn BXl f):j '~;I.:i 'i 30~50 j ,~:} F (:', "COI.ill. lJ'1i;.,~:i::;U:'~i'.lj ,~) r:(-'j "COllIl" OlJ~ rl~fjn:.H9 WALL PLATE 072~,77.\ r'3601 1 GGLE PL{tT (j\3J.6590005D LITE r..ULg o';.'a.i/~77S6475 SllOeK plm.. 07D~7?J.74609 J WAY SWIT O';u~f~T;'~I:;09 3 W(\'( SI,IIT (nd\Jl J.002~:16 oun El (:,0;( 03,~,~;Jl100256 OU'II..El BOX 1):J~~nU002S6 OUH,Ef BOX iil ,i, is II (1)31)1) WIIEI ['0;< O:3"j4;;1J00256 GUILE! BilX 03WlJ lO0256 OUTlE,1 BOX u~.~~j~163U~~ Wlk~ 03",[,J tOO:,Oil OUIlET SOl 03,i'131J.(Il)jS~7 O\JILE'r eo;: l),;i ,'5;2203.~ :.'1) ~ F 11 ES :;'6.~66,;.1 i'2S(~6 Ili~li...S 07n,.:;9ii120232 402. lln LU (H~i72203i~506 SAW CIUiIH on"O,',iJ::;20:,) SI\IIOh\l~ o..j '?~:;/I<?J37'?99 so 0 e.REi.iK J}~ /56i?J3 7~'\;'7' SI1 D BREAK o.~ '1569U3l?\?9 SO D Bf~EI~I'~ I),;; '?!:j6~\J3'?999 sa D BHEI:iK I}~ 7S6(i~;];r;9r,2 BREt~I~ER l):j ;"~jISli.'fiJ'?~'32 Br\E~)KEr;: I) ~ ~i5ii~;U38033 s{'~ BREI;la:R ~tbf.W95 U IRE 20.000 ~ :j:O.2~ 2&'7.]:::} SUBTOTf)L 'f {,X Pi; 6.000 TilT <11.. WECI; J ~)fi,~ 29 l~lllll (ODE 14.i2ii<3 ..;",.-, THE HONE DEPOT 4120 6000 CI;f(USLE PlhE, tlECII. PA IlO~)5 l1i\RI( IIIKES 11ANAGER (71'll795-9602 12/21/98 ,.120 00001. 31,,999 61. 683 10;,3,~ j:il'1 SALE, ~:i.95 02233229004! 3i8 G'l'I"'SUtl 6.000 !) .~5.09 0223328J,H5it 5/D DR'iWAL 3.000 i) *5.99 04468ll10955 SIEP Sl!lOl. 04532~502431l SI;W BLADES 7335~:;410833.', Ij,/,~.XD CB 7335~54103.33.t 11/4X8 CB 7~~355410833,~ 11/~,X8 CB 733~5541.0S334 11,;4~g CI3 '78360J,~"r3015 lX4 !] :::l P 30.000 ~ ~3..'t~) <8; 778830000020 92 5/8 SPF 30.000 d $-1.9'/ 77320401022& Olli: RIID PI 160.000 ~ ~O.3~) 051'?51035520 6["j F Bf~ r'i: F'E 02238,101:')203 TIWI P"O on089'350055 f: OAtI BRUSII on089850055 FOM BRUSII 017089850031 FOM BHUSIl 043168918534 FMI-J BUl.B Olil/c.T749:3902 BOX PLATE 0,\3168nl?534 HIli BillJl 0,32151630:,),; Wlf(E 03,HS110004! OU 1 L.EI BilX 034,43110004:1 ourU:l Bm( 03ft,ltiJ1 'HJi)l),~.l OU H..EJ BOX 034481100041 OUIL.El BOX 0344811000"j OUILEl BOX 03.4 Bll.00HO SQUI;I(E BOX 03,;,\81100141) SOUI;RE BOl 034481100140 SQUARE BOX 5~95 11..:1;' 11.27 11.27 11.27 1l.27 1.1.27 11.27 14.. 'i6 6.'76 3~91 0091 0.'1'1 Ooii'1 0.91 1.39 2.38 8.96 5.48 :3.2il 3~23 0.96 0.72 1.27 '1'~81 0.'7'2 O"i?2 0.21 0.21 IL21 0.97 0.21 0.21 i......I.IIJ 0.97 0.92 +.47 1)"1.{_~';:-1:t(1I)i,~r.) Cf1H/'c'[' !:inv 03HiH100HO SQUI;RE BOX 03H811U0140 SQUARE BOX 0344,81.100140 SWJARE BOX 034-\81100140 SOUI;RE BOX 0:3H81100140 SOUI;RE BOX 07'703'1'13'1129 ROLLER 034,4.21100:!56 DUllEl giJ~: O:34~,G1.100256 au ru:: I BUX '3:31,4.81100256 OU I LE I BO:, 034481100256 OUllEl BOX 03HSl.100256 OUILEl flOX 034481100256 OUIlET BOX O:~44S11002~::;b OUTLET BOX 034481100256 OlllLET BOX O:.34~,311002~io OUTLET BOX 03'~4al1002~jo OUTLET BOX ::6'~/.:i(;61.56618 :1.60 CEt'! St,1 022361059,L22 Il~ 1". SG 027.\26700017 S 1 1;U1 -783601.48192 OP PLUG 20 -78,36431.48192 OP PLUG 20 -':;:"J:Jo,~:H,~319".i: or. PLUG 20 ...(836,,3148192 OP PlllG 20 7836H14S192 UP PlllG'20 :783bt314U1 n Qf' PLUG 21) -';'iJ36-\314iJl92 OP PLUG 20 '?il36,.31'01.92 OP PLUG 20 :')21.01 EIFr DISC HSH: 9 GRP DISC SUB'I 0'1 t,L 511.01 lH~( Ph 6.000 101,,1... CI\EC\~ 2.39 0.98 J.~). 96 So?? ~j.63 5.63 5~63 5.63 f: ,"'} ..}.CI,..! !5.63 12.43 ::i.20 267.33 16.04, $283.37 233.37 OHIGIlJ,1!.. HECElf'T HEllUIHEf.o FOH HEFUHD IIii<HK lOll FOF( SHOPPHIG {;f ruE HOME OEF'OI IIIElI' I,D IS OUR W Wf\I~EHOUSE prUCES , rI 15g,\29 AUTH CODE 009220 [;U 19/'1'8 12:16 Ptl 30.54 17.91 16.2~:; 9.9'7 0.'f:5 0.'15 0.95 0.95 103.50 ~)9 .10 :::;,;.00 I'().oo 2.51 0.1'; 0.7"7 0.67 ~l ! " .!..'t.;;r 0.36 :.!..ft8 24.00 O.8,~ O.3,~ 0.84 0.8. O.3'~ 1.6,t 1.64 1.6,~ i i.. t.b4 1.64 1.64 1.6'~ 1.6'~ 5.96 0.21 0.21 0.21 0.21 0.21 0.21 0.21 0.21 0.21 0.21 l "0 't..c,' .:t'f.ii6 4.93 3.25 3.25 3.25 '", ....\:: ,).':'.J 3.25 3.25 3.25 3.25 ."10.00 :511.01 30.6'7 $54,1.62 ~)41.68 OHIGWl;l f(ECEIPl f(E(1UmED FOI< I<EFUIID THI;I'lI~ 'lOll 1'OH SHOPPING AT IHE HOI1E,?E~'OI TllEII< I;D IS OUH i\O WI;REHOUSE f'Rl<,Eo ~~.-;.~, ~~ , " .-.~ '~ PLAINTIFF'S EXHIBiT {5}Z/Ol .~ .-1.1 ilIltii'--" ,~Jo.,~ ......,""",...........'" \IiWllliilwlii" "' '-",*1-., i"1 ;1 , "I tl <: 'J , j j " d I I;! !.I i ,] j I . ! I . 6O~~::'3 1 0 8 DATE 4a<- C:(~?1 .-? I '.. '\"', $1:>5 / ~ : " f, :1 00 . j J DOLLARS tit=.-= , 'I , --I ; ~ I j : !i IP ~! i ,I ; I , '. THE FARMERS NATIOJ~~. . ' , '. , OF N.EWVILLE, PENNSYLVANIA 172.. . 0-..,. ~ l.9. ~O ~tlllJ.hJj..;~ .~ ~03~30qa3S~ ~8 SQO &~ o~oa r;;,;,,' 'll,,-,M ."OOOOOO? 500." --. i . I I . ; 6O~='3 222 I ,;'DAtEC'1 g)) /d; 'i7? I ~ .1 $ /dSc..V )\" L.P' ""__ . DOLLARS w=_ , , , I , 'f' " l<, I,. . ~ I . .. THE FAR.MERS NA~K '. OF NEWVlLLE. PENNSYLVANIA 17:Z41 MEMO \~ n(U ((~FL9-A-d 9-Cl.J3~ .. --- ~r ~-.---- ~ _-.----,.., ~ _~ ~.~ ........,., _~ "" BRENDA L. BARTO BRADLEY W. CASSELL 4703 ENOLA ROAD 1""\ NEWVILLE. PA 17241 '~,J ....' r\ M\' I ~~:6:'E '--Ie)"\. \'\' ~~'W ' "4':' ~:, , -, ' UHl) 'j~ I'. 0' ' 'Iuf I '.' , , .,"" " C!Qtml~ll~1DlM IWI- . '; THE FARMERS NATIONAL BANK liE/MIll,FA. " -Lo&k_~)7I;;;72", ~.d:.9 d.--E~.. -':OHiOE:J8i5':, ~8 'SE:JO (;,11": 9 i!"8 ,'. ,"OOOOOO":S.oO," 248 " ' I $ </S.(j.J - . , --" '-..- , '~~~(AR, '~mEi\-= , , ." ',' , - .- - -~- ---" -----.--- ~ ",'_~---".,..---- .,..;.,' . ".--- :,. ~'> -: .~.~: ,,-- ,.~' ". -' .. I ,"00000 ~58 ~E:J.,' I ~~ I I I i I I I $?l-~Ci..d:>' I i, ~ '~, ~~i':'r~'Cl ~,' 11 DOLLARSI!1~,:;;,'ll I '.' . _'~"M~" _ '..."'.. \ &lJllC" , ' . ," Tt!,E FARMER&NA'I:l0~~;, _ .ill, P.~ ' : ' , "II ~o' ~f~rNSYLVAN~17Ul '~ti ~ ..! I ':0 i ~ iO E:JB :i51: ~8 5 E:JO bil" 0 i!8" ."00000 i!BOOO.,' \ , 60-983/313 185906 ,DATE - b\ e,\\qg $:i$~ '~l9-_ 257 I , I- I . '_- _ _ _ ' .' _ t!Q:,.i-l-i. ,_ "_ _ :~~ THE FARMERS' Ni~\M~ -:W OFl<l~UE,PEN~~~~l" ~o-4)hy\Q m~ '1:0 i ~ iOE:J8 :\.51:" ,~8 DOLLARS 1!1 ~':;;' ~-.. E BRENDA L. BARTO BRADLEY W. CASSELL 4703 ENOLA ROAD NEWVILLE, PA 17241 60-983/313 . 1859d6 DATE '-.11tS)qq , . 284 PAY TO THE ORDER OF BRENDA L. BARTO - "'...' 60-983/3'3 ' 2 9 7 BRA4~~E~N~t.A ~~;DSELL rP,ll t,' . A~85906..-1 d_ Ian ' NEWV'LLE, PA 17241 '"'\' ~ I PO~;:ERTOOTHE. ~;.il' rlM,~WM~, : '.,199:' ' - - -- - ,~ I ~ ~- -- $.d~'tP , ! ~~~'",',gs~6:LARSI!1=':;;" " .'., " ~" -> . 031309835 ' " - Tg, It FARMERSNATI,' ONl"AL BANK ' ' i 1 -<jb;;/e~~;~~ ... ~ d,~ · i ,:OH:l0E:JB:i51: ,~8 SE:JO bil" Oi!I:j? ,"OOOOOii!OOO,": . . ~ , '7.] ,..1 ,~" ~ - ~ ~'~ ~. =', ~ ! . 5elO bll' O:U 5 ,"00000 i!bOoO,I' _._,--~--- , '. ". "., " .. BRENDA l; BARTO .~~:..':' , ~ i ~" ~ I ~ I . i , i , ,,-. . .:-," ," '326 \~ --, '"~ d' ... I:O:l~:l0I18:151: ~8 5110 bll' O:li!b ."0000001.,000," " 334 ,fj' . ~ ~"~ i ; I THE FARMERS'~Alfc)NA~:~~ij'l\OllM. ", i " _Of, NEWVIllE.PalNSYlV.>\!llA+i241_'c_~,_,_ llEWd1it-\1. i FORC).K~~~~1$O~~i~'lAdQd~____"! 1:0:1 ~:lo 118:1 51: ~8 5110 bll' 0:1:11., ,"00000:1 ~ ~OO,I' ,:.;.-:.;" OLLm"-I!IE':: "";"'-~~J\~>..J0~~~~~y:yf)i~'3~'6 ,-- ~ DOLLARS 1!I=.-= .. iii " .,~--r. :J .11 11I1. "'~' .~ . ~. ...."'u"'~~. ~ "T~~_ !j 1 ",' ",_ I.""r' "':,:'~;~. . ~;:,iih'{;?~;::,t-t '3 ~ 3. ~ ';Hfl~Jir'." :"i<1':~fJ:f: ; ~ . , ~ i . ~ <. . OR 1:0 ~ UO'i8 ~ 51: ,"OOOOO:i :iOOO," , ~.._" .4~ II' ~8 5'i0 1;11" O:il;:i 369 1:0:i UO'i8:i 51: ~8 S'iO 1;11" 0 :il;'i ,"00000010 500," ; BRENDA L. BARTO' -'~~"'~""'-;:'\>.""'''';~~ 'BRADLEY W. CASSELL ' , ';""'C. ... 4703 ENOLA ROAD ' I 'i NEWVILLE, ~i\...!7241 i ~ \. " --~-'-'" ..~~~:.:~- :--~-:;.~__~_~.;~ ~""P'~Y , 1- y/ora.E !DU p. ",: [- 1-/)<',,1' - " . I..'''' .' ,...'~, ~ . ~,rrf\';J;AIIt'I~~SNAI!QNA' , , ~>~:;~t~f;~;~1~~,:{.;, ! ?<'" ~';:."j:.J~r:'A .::., ,...:.:..::-,J;; -,!ll(ii:" . 'Po...... Ul )O-C1I~~~'~' I:OH:l0'i8:i51: ~8 S'iO 1;11" onl; ~~~~~~~~; \ l,o,,''''<'I''c3 7 6 ,~:~{~-~A~~:~;::,_<.-;:,o" .' , , m=~ 'C II' ,"OOOOO:i? 500," ~;...., -. 465 I . . i ; ~' ~' . ~ ~ 1:0 3 ~ 30l1a:l 51: ~a S'10 1;11" Olob 5 ,1'000002 :lOOO," III -~-~ ~. . 'L , \ \, ,/--- 489 $:-;- -='-liY-- ,LCf6J.. _-' OLLm . 1!Ii5.-= .' o..a "I ."0000010"1500." .. 108 5"10 bll" 0..710 ."00000100000.,. ~ ~ a , "-,T,7-- .. ,'...J.':t~j. '.- ':>~R~DAT; . "''''''. ,Dri.rltEY', ','.' '-/ ,""'IVUJ .,:. : '~70YENOlA .. "NEWVILn;" , , i ....~. ..~. -. -' .. ~ , j ,1 '! a: <~.:" i ~'\' ~ """ ':', .. 108 5"10 bll" 0510"1 ,1'00000 L 10 i!OO." ., ,l_ ,;rB=-= ~ I , ..n::l 1. ::1nC?1D.:i. [:.. 't D. r:::: en r II_ n I::J. 1. _____.:.........___ .1 . , II a;.-= ':0:1 Ir :loCj8:1 5.: 1r8 sCjo 1:,11" 051,1, ,"00000 Irl,~s U (?""~ '.""",. .,,' " . \ ',,' '~ '-, !lRENDA\~~ B~R.Tq$\~/ZI . BRADLEf.~~SE~\iV' C'J'~_7~_ 4<93 ENQ~~~, "';~~~~p-~~~ ; , - . T~----n.__._~ _...__.~;-__ .;/ >- 537 ~ ..-,,'" ,_..-' ,_/ , liP ':0:1 BoCj8:1 51: 1r8 1:,11" os:I? ,.'00000 2? 200," " - ~ Lynlord K, Donivan 11' (71 7)243-8690 1llI5I7/98 ($9:16 PM 0112 . . VIA FAX . . Please deliver to: Ann Sensenich, Farmers Trust From: Lynford K. Donivan Thursday, May 7, 1998 Number of pages: 2 Memo: Dear Ann, A breakdown for Josey, the Mtg amount is 8981700 She would have 3,000 of a Down Payment from a Gift from Her Mother, and Would also have 10054.00 in Equity from the work to be preforrner by a Family Member that is in Construction. I'll check with you later in the day and see what we need to do to make this work. My investor is taking second thoughts on taking the moris balance to make-it work so I'll keep you posted. I should be done in Liverpool today.., Hop you have a GREAT day and a Nice weekend. Thanks Lyn ~ @ 1994 Sandhill Arts All rights reserved, ~",\~fS ~\..~\,~\~\", , '. ~\ 1> \~~' Lynlord K. Donivan -. IV .K/ Y!l> ) . --" . Ql8:45 PM Cl1l2 'II' (717)243-8690 1Ili6/14'98 -, ,.,; ~~ \/ ~::: :'::~ I \1/, - \ ./ ,,,,,,, 1/1.",.. --\\' To: Ann Sensenich, Keystone Financial Mortgage Fax number: 717240-4518 Total number of pages: 2 From: Lynford K. Donivan Sunday. June 14,1998 Dear Ann, I think I have it for Josey will $86,710,00 WORK... It may be less than this if her friend Brad is going to still do some of the work for Materials only. So that will save her some More Money. A break down is attached of what I Cooked up, @ 1994 Sandhill Arts, All rights reserved ~t,..\~1\ffS ~'j..\-\\6\1 ~ , "rlll_lllliIIIIlI.i"'~b't"''''~''~"' ~ ~ , ' Lynford K, Donivan 'II' (717)243'8690 QXJ 517/98 (\)9:17 PM [1212 A B c D E F G 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 T6 17 18 19 20 21 22 23 24 25 26- 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CDSt Brut Down Lynford IC DonlVl!ln 116 Wilt HIli Cr.,t Drlw. earllsll, PA 1701:3 1216 (717) 243 1466 Fax (717) 243 86;0 IMall: LynfardDOaal.com JDSIIY 716 4013 '______________------+---..._'_~~___~_,~____________i____, Sit. AllOWBnca P,.avldld Far In Ca"tract Lot Plrmlts EXC8Vlltlon/Gradlng 'Willi Pump Slptlc Systlm Connlctlon to Customers Slptlc Connlctlon to Customlrs Will Dr IVlWaY Stone 20000,00 200.00 1800.00 2800,00 '-'- 6600,00 1800 "'""---,,-~,,-, NDdular Unit UnltSaSl Price 37;00.00 Cranl 1760.00 DIIIVlry and Sit UnIt .----.--'700:00 Trim aut Extlrlor""--' -----.-<----.-,- ""1248:"0'0 Trlm"Out Interla'r~~"'-'---~"-""-' ""....--31 2'0:0'0 On Sltl Plumbrng~-~--'. "-22:i4~'O-O OnSltl Electric --.--,-6"0'0.00 KI tch.n Rang.----- ""~~-.~. - -~,-'" --~-~ 650:0 0- Dlshwashlr ---.-~.,-----'" ""376:00 2700 __..__1934 3120 1000.00 Tatal Allowances In Contract 31,300.00 Nadular Unit Slzl Na1nL1VI1 ;Slcandllv.1 Width 26 'Llglnth -'"---"--"'''-"'-'''-:---.-'''--.-4a-~-~-'''. "Total- Sq Ft--'-"""---""'-'-"""'-_."-~ 1 248: 0 Hut PumpC.ntral~A~'-~~' -'4QOO.OO Guttlrs DoWnsp~u't;--..- "-----+ .-- -'460-:-00 Wlroppi-'Gargln Tub Blc:jraam-B',,- .--. 7':5'0:00 6" Fan Box.-- --T2"'fij)"O' Tat.1 56.602.00 Foundai'lan Bai."Cast -",-- 1 2480.00--""_.-~ 3500 a.lment Entry Door-~~'- ,~~_._.~-"" ,,~----"" -aaumlt Garage Daars---~---"--""""--_.-"-~. --""-"-----,," " --+--,-"',._..~-,-"----+-----~._----'-- al LIVII Entry arlck."Frant "Siding to gr-~-'-"-"'---'-'----"---'-""'~.-----'-""--"'" -~-~",-"--~_.--'-"."_."'-- Woad Stave Flue '~taT51I'- AllawanciS" ---.--'T'atal C~onatrucilon-~- j1300.00 .'-7,"6"7",": 00'" Total Coat 102871.00 fren-eh'-Door BUI"ment 4)42x&4 Larrie Windows ~Matlrlals 1'ar Customlrs LL USI Tatal Faundatlan '._~-----644,OO . -620,00 ' f326.00 14. g6g.00 "--"~'-'-~:-Custom'.rs~SH'"DownPaymj"nt": - --- 300ti:'O" " ;,--.~ ..-.~ "----.. Downpiymlnt ""_._~-,,- --,-,"'- ""0064',-0'0' '*'* - --~_.~ ,. "--"--'-" Total Down Paymlnt 13064.00 .'.---.--..'.-'--J Mortgagl Amount '---~.._--'''--,---_.''"''-----'_. -,""" "'",,"'--"-- 8;e1 1.00r'.~.'.=~ .. Manth-iy -Pay-m-mt-~' 6.S'0" ---':fil-'" -$6.60'~"2.1- ." -----+------~'" -~--~." -~l.-~' '~YA"rs j* This is customer Gift part Down Payme,mJ..9lnJrq,l!I.,~th~l.__"_,""",__,"__~_.~_._..__ "~___.__~._,__'" :- 10 854,00 E ui in Construction for w rk rovided b Customer SubContractor Gift Also ~}~lo' Josephine M. Cassell 4703 Enola Road Newville, PA 17241 Bradley W. Cassell, Eta! Brenda L. Barto 4703 Enola Road Newville, PA 17241 March 23, 2000 Dear Mr. Cassell and Ms. Barto: 1 am formally requesting that you vacate the property of 4703 Enola Road, Newville, P A 17241. This property is owned by Josephine Cassell. You have no rights to destroy any of the property, but do have the rights to remove your personal and family belongings. You are hereby issued 10 days notice of eviction. You will be held liable for ANY damages to the property. DEFENDANT'S EXHIBIT NO, \ FOR IDENTIFlCA1l0N DATE: RPTR: Sincerely, \ ,.- - , Proposal I Brownawell's Remodeling & Roofing I Date 08/26/00 Richard Brownawell 776-4735 Proposal No.108/00 Remodeling & Rooting One caD for aU your jobs large or small Replacement ~ndows Free Estimates & Quality work Siding ,Decks,Additions Affordable rates Lh:ht ...irin!!: & Plumbin!!: Proposal Submitted To: osephU1e Cassell 776-4013 Work To Be Performed At: 4703 Enola Rd. Ne~e.Pa.17241 Same Address In regards to Miss Cassells request for an estimate. I have been in the construction trade for over 12 years with two years at Mt, Joy Technicallnst, All contractor's have their own way's of building and footing requirements. Most of which meets code requirements or are above code requirements, I have found Mr. Cassell's worK pertormed to be far below any code requirements, The front porch has no type of footer. This will cause movement of several ways. To which it is already causing a wavy effect. This effect carries through to the roof. Steps should not exceed 7 1/4" which Mr. Cassells are around 10". The 14'-36' shed has no structural support. The walls and roof framing studding are to far apart and the floor is sitting on dirt. This shed will not stand up to any amount of snow load. Max, life 5 years. Windows were not installed property in the basement, which now leak. All finish worK from drywall to trim are ellher not finished or done incorrectly, The proposal given to Miss Cassell is for doing the worK from scratch. Which Mr. Cassell had started from, The shed would have to be tore down and rebuilt because of no proper footings, This would be lhe same for the front deck and roof, The side steps would have to be tore apart to change the step heights, Inside the basement it would be easier to start over Ihan to fix all the miscellaneous mistakes. Doing this would uncover any other hidden problems and or mistakes, With all this extra worK il would leave my proposal price far higher than Mr. Cassells price. Thank You: Richard Brownawell All materials are to be as specified, and the above work to be in accordance with the drawings and/or specifications submitted; or as discussed between the two parties above,For Ihe above work that has been completed in a substantial workmanlike manner for the sum of: $ and 00/100 dollars. With payment to be ma(le as follows: 50% down to purchase materials and 50% due upon completion, Any alteration or deviation involving extra cost will be executed only upon written orders, and will become an extra charge over and above the proposal amount. All agreements contingent upon strikes, accidents and/or delays beyond our control.Home owner to carry tornado, fire, and other necessary insurance upon above worK, Brownawell's Remodeling & Roofing Respectfully Submitted By: Richard Brownawell Note: This ~roposai may be withdrawn by me if not accepted in 30 days, Acceptance of this DrODOsal I The above prices, specifications, and conditions are satisfactory and hereby accepted. You are authorized to do the worK as specified. Payments to be made as outlined above, Accepted Date DEFENDANT'S EXHIBIT NO, b FOR IDENTIFICATION DATE: RPTR: Proposal Brownawell's Remodelin Richard Brownawell 776-4735 Proposal No.IOB/OO One call for all your jobs large or small Free Estimates &. Quality work Affordable rates & Roofin Date 08/26/00 Remodeling &. Roofing Replacement Windows Siding,Decks,Additions Li hi wirin &. Plumhin Proposal Submitted To: osephine Cassell 776-4013 4703 bola Rd. Ne~ Pa. 17241 Work To Be Performed At: Same Address In regards to Miss Cassells request for an estimate. I have been in the construction trade for over 12 years with two years at Mt.Joy Technicallnst. All contracto~s have their own way's of building and footing requirements, Most of which meets code requirements or are above code requirements. I have found Mr. Cassell's work performed to be far below any code requirements, The front porch has no type of footer. This will cause movement of several ways, To which it is already causing a wavy effect. This effect carries through to the roof. Steps should not exceed 7 1/4" which Mr. Cassells are around 10". The 14'-36' shed has no structural support. The walls and roof framing studding are to far apart and the floor is sitting on dirt. This shed will not stand up to any amount of snow load. Max. life 5 years. Windows were not installed properly in the basement, which now leak. All finish work from drywall to trim are either not finished or done incorrectly, Thank You: Richard Brownawell All materials are to be as specified, and the above work to be in accordance with the drawings and/or specifications submitted; or as discussed between the two parties above.For the above work that has been completed in a substantial workmanlike manner for the sum of: $ 17836,00 Seventeen Thousand Eight Hundred Thirty Six and 001100 doilars, With payment to be made as follows: 50% down to rchase materials and 50% due upon completion, Any alteration or deviation involving extra cost will be executed only upon written orders, and will become an extra charge over and above the proposal amount. All agreements contingent upon strikes, accidents andlor delays beyond our control.Home owner to carry tomado, fire, and other necessary insurance upon above work. Brownawell's Remodeling & Roofing Respectfully Submitted By: Richard Brownawell Note: This proposal may be withdrawn by me W not accepted in 30 days, Acce lance of this ro osal The above prices, specifications, and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Payments to be made as outlined above, Accepted Date .."""-""""'~--,,~~.~ ,~~~-~ - Proposal Brownawell's Remodelin Richard Brownawell 776-4735 Proposal No.108/00 One call for all your jobs large or small Free Estimates & Quality work Affordable rates & Roofin Date 08/26/00 Remodeling & Roofing Replacement Windows Siding,Decks,Additions Li ht wirin & Plumbin Proposal Submitted To: osephine Cassell 776-4013 4703 Enola Rd. Ne~,Pa.17241 Work To Be Performed At: Same Address I hereby propose to furnish only labor for the completion of: 1) Install siding on gable ends of the home, $224.00 2) Install starter strip around home. $56,00 3) Install steps to front door. $56.00 4) Flash and counter flash chimney. $56.00 5) Frame door jams, hang doors and trim out. $140,00 6) Build steps to the basement. $672.00 7) Help with the installation of the sand mound and run piping to well. $28.00 pr.hr. not to exceed $448.00 8) Remodel basement to accommodate for three bedrooms, living room, kitchen and bathroom. This will include framing, insulating, wiring, drywall, painting and installing mountain stone for fire place, For the amount of: $6552,00 9) Build a six foot by thirty foot porch style deck with roof and two steps. $2240.00 10) Build a four foot by eight foot second tier deck with steps to ground level. $784,00 11) Build a fourteen foot by thirty six foot shed with block footing and perlings to accommodate for steel siding and install two doors and one window. $4480,00 12) Install mail box holder. $28,00 13) Install two clothes line poles. $84,00. 14) Fonn and pour concrete walk way, $896.00 15) Rake and seed yard. $1120,00 1) Thru. 7) $1652.00 8) Thru. 15) $16184.00 All materials are to be as specified, and the above work to be in accordance with the drawings and/or specifications submitted; or as discussed between the two parties above.For the above work that has been completed in a substantial workmanlike manner for the sum of: $ 17836,00 Seventeen Thousand Eight Hundred Thirty Six and 00/100 dollars, With payment to be made as follows: 50% down to purchase materials and 50% due upon completion. Any alteration or deviation involving extra cost will be executed only upon written orders, and will become an extra charge over and above the proposal amount. All agreements contingent upon strikes, accidents and/or delays beyond our control.Home owner to carry tornado, fire, and other necessary insurance upon above work, Brownawell's Remodeling & Roofing Respectfully Submitted By: Richard Brownawell Note: ,his proposal may be withdrawn by me if not accepted in :D days, AcceDtance ofthis proposal I The above prices, specifications, and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Payments to be made as outlined above. Accepted Date - BRADLEY W. CASSELL, PLAINTIFF v, JOSEPHINE M. CASSELL, DEFENDANT AND NOW, this ." - ~ . '" . ""'; ,dj':'_';"~O """-"'~'_ i,-'" "-, "" : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00-2459 EQUITY DECREE NISI I 0.... day of August, 2001, following an adjudication, and after consideration of the claims of plaintiff and the set-offs claimed by defendant, I find in favor of plaintiff against defendant and award plaintiff damages in the amount of $17,500. Robert O'Brien, Esquire For Plaintiff Peter J. Russo, Esquire For Defendant Court Administrator :saa -'#~ t<< ,f'..D\ ~.\V o , , ~r \~, l, '( , \' '(, . .' ." ~ 00- '''" "- ~ - > I I I ~ I ~ .. J ..} - ~ ~ E) <i \..; ~ - $ .... :.n ~CJ ~ II i: I I I " il i: :i " 'I 'i il iJ 'i 11 :1 :1 il , !j I I :-J I 'I 'I I I 'I .j 1 i .~ , \ '. u' ., .,- "_,.,!?,,R"",f' .--.. - ;:!i~~;'D'.C;i':FiCE U," :'C'i"Cj\iOlNW O! AUG I 0 !),['111: h 9 CUf'vi,St:I1c.;\\iJ COUNTY PENNSYLVANIA i ,(I Ii l' f;' If ,~i" A.'.'. "1", _~,;lJ1 \ :!I'll~.l'lI!tO!'lIll1'Jll~~~I~~~I/llIf'~~,r :'J:-'-,', - BRADLEY W. CASSELL, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPHINE M. CASSELL, DEFENDANT : 00-2459 EQUITY DECREE NISI AND NOW, this 10..... day of August, 2001, following an adjudication, and after consideration of the claims of plaintiff and the set-offs claimed by defendant, I find in favor of plaintiff against defendant and award plaintiff damages in the amount of $17,500. Robert O'Brien, Esquire For Plaintiff Peter J. Russo, Esquire For Defendant Court Administrator :saa