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Home My WebLink About03-1143 ~ ~o4CtA~Ot~T~LtC~ _.----- ' d k)~ the ~str~ ~us~ce ~ ~ i~ ~ c . · Co~ 100 (. ~4z~ A T wj~in ~wu.~ ~--' . ~ ~ oNLY w~:~ ~al to ~ s --~l~sl, ~ file a c~in~ m -' - of ~ tO ~ -,, of n°~e ~' ~ ' ~'""' AoPC 9,12-90 GOUKT FILE TO BE FILED ~/tTH FRoTHOHOTARY ( This p roof o f s e rvice MUS T ££ FiLED WITHIN TEA/ ( i O DA YS A F TER /i//n ' hie boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ...................................... e Hule wa ~le to ' ~ ~unal s ' '""-~ .... ~ b ' . s addressed File a . ervice .....:.---~ Y (cert~fi . S~gnate ma~l, sender's ~., _. o~ ...... ~ Complaint a¢¢-- ~ by (certifi¢~;"'; ...... ~ ed) (re/st .~., d.therecn o WORN/,~ ..... .~ ere~o. ~. ~..~,,~ rne abovb ;YL??re~) ma]~7'~'b'h'~ .................. ~FI~M~D~ ~ ~,. '~ ............ ~u[ICe 0f*~ ,,o '--~__.DAY ~* ~u ~'ORE ME ' ~ ,~unal service ~. ~r~e ?ppellee(s) ................. ~ ur ' '"'=w Fegistered) ~--:;7"' ~:~7% '~?~"; ';(;:~ .-;z~;~::: .: ~t~issiori expkes on DJ Name: Hon. THO~ A. pLACEY ~,~,s:.i101~::~S. SPORTING HILL RD. . MEC~,%NiCSBURG, PA Telephone: (717:) 761-8230 17050 LORETTA SYKES - LACEY 810 KENT DRIV~ MECJ~%NICSBURG, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPT ~YKES - I~l%CEY, I~3RETTA 810 KENT DRIVE MECHANICSBURG,' PA 17050 VS. DEFENDANT/JUDGMENT C~IaTn~)~DRESS --~ ~LAP~Y' S HEATING & AIR CONDITION 3212 SUNNYSIDE AVE ~. HARRISBURG, PA 17111 [Docket No.: CV- 0000506 - 02'I Date Filed: 10/15/02 TI~iS IS TO NOTIFY YOU THAT: Judgment: [-~ Judgment was entered for: (Name) - - ' '" -' [~ Judgment entered'~nainst: (Name) - -' - , -_ __ , .... was in the amount o! $ 91 _ DO_ on: ,,,,^tuaL~ of · ,~,~ t~,,u,~umen_, 9._ 9.. O_ {3-~/ / [ Defendants are jointly and severally Liable. (Date & Time) [Damages will be assessed on: ~] This case dismissed without prejudice. Amount of Judgment Subject to ~'--~ AttachmentJAct 5 of 1996 $ [Amount of Judgment $- 9 ljudgment Costs $ ' -- Interest on Judgment$ . Attorney FeeS $ , Total $ ~ Post Judgment Credits $-- Post Judgment Costs $ . - Certified Judgment Total $_ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF jUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE · UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I _~~_~certify that this is a true Date MY commission .,t;,i~!?. :f:!,h!:,~, :, ,, ,' :'i ! ..... .[. District Justice s containing the judgm~ _, District Ju~ I DISTRICT JUSTICE jUDGMENT L NOTICE OF APPEAL hlotice is give~ that the~ has fi~:l in the above Court of Common Pleas afl apPeol fTorn the judgment renclerecl by the District Justice off the clcde and in the case mentioned ~' ~ I PA 1705o ~ 81 O Kent ~'Drive_-- D~strict Justice, MUST 1008& FILE. A COMPLAIN'r within twenty (20) dayS after 1t~' Notice' (3{'ApPe~ when receivecl by the District Justice, will operate SUPERSEDEAS to the .judgment for possession in this case filing I~is NOTIC, E. of APPE.AI. ~ ,< - FILE (This sectic~ .of fo~ to be Lrsed ONi-¥ when al~eeI1~ was D/=F£NDANT (see Pa. R,C.P.J.P- No. 100~(7) i~ action ~efore District ~ustice. IF NO~ USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE= To l~ofl~notory , (3ppellee{s), to fiie (3 complaint in this opped (Common Pleas NO. -- ~llee( s ) · ) within twenty (20) days ufier service of'~le or suffer entry o~ ~ent. of non pros, , oppalee(s). RULE: {!) You ore noti6ed that (3 rule is hereby ente~:l upon you to file (3 complaint in this opped within twenty {201 clays (3fter the clare of ser~e of this rule ,upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a Ju~ENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. COURT FILE AoPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PE~NSYLV/A. NIA ~ cou. . AFFIDAVIT:/hereby swear or ;'~;"~-'t'h-a;-i'";;;~;~' ss ~ a copy of the Notice of Appeal, Common Pleas No. ~ - j ~ ~ ~ (date of service) __, upon the District ~ustice designated there/ receipt attached hereto and upon the appellee, (name:)'-' ~ by personal service ~ b 'c r" ' ' n on ' Y ( e tilled) (registered) mail, sender's mai~, senders rec .............. --, b erson I p~' a~ upon the appellee(s) lo whom' e~pl attached hereto. ' ................. ~ Y ~ a service ~ by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED ~EFO~E ME ~; ' NOTARIAL SEAL , SMll'H, NOTARY PUBLIC Boro, Cumberland County ~ Uy&2~._-~_ ion E×oires April 4 2005 --- o//V: U.S. POSTAL SERVICE CERTIFICATE OF MAILING ~ Affix fee ~ere in stamps / ,~~ PS Form ~8~ 7, Janua~ 2001 · Complete items 1, 2, and 3. Also complete item 4 if R.es'tricted Delivery is desired. · Print your'name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: / 171/ 2. Article Number [] Agent [] Addressee by (Printed Name) I C. D~e of D~livery D. Is ; · . . If YES, enter delive~ address below: ~ No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliven/? (Extra ,cee) [] Yes (T~a, sferfromsewicela~l) 7002 2410 0007 PS Form 3811, August 2001 Domestic Return Receipt 8508 3964 102595-02-M.1035 UNITED STATES POSTAL SERVICE · Sender: Please print your.name~ address, and P¢~ ~a~Je &Fees Paid| usP, s ~ / Permit No. G-10 LORETTA SYKES-LACEY PLAINTIFF V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LARRY KING, dba LARRY'S HEATING & AIR CONDITIONING DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTIClA Le han demandado a usted en la code. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita o en persona o por abodago y archivar en la code en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la code tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA~O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LORETTA SYKES-LACEY PLAINTIFF vi. LARRY KING, dba LARRY'S HEATING & AIR · CONDITIONING . DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Loretta Sykes-Lacey, pro se, and files this Complaint, as follows: Loretta Sykes-Lacey is an adult individual who resides at 810 Kent Drive, Mechanicsburg, Pennsylvania. Defendant, Larry King, is an adult individual who conducts business under the fictitious name of "LARRY'S HEATING AND AIR CONDITIONING" with an address of 3212 Sunnyside Avenue, Harrisburg, Pennsylvania. Defendant is a contractor who performs new installations, service and repairs of heating, ventilation and air conditioning equipment. In 1999, Plaintiff and Defendant entered into an agreement whereby Defendant would install a new Armstrong heat pump at a cost of $3,150.00. After installation Plaintiff lodged numerous complaints about the system. In 1999, Defendant serviced the system repairing a water issue for which the Plaintiff paid an additional fee. In 2000, the manufacturer sent additional pads to replace the unit, and the Defendant attempted to further correct the unit and the damage. Notwithstanding Defendant's additional service, the work was improperly done by Defendant causing damage to the nearby HVAC vents near the unit, a continuous running of the system, air leaks, and damage when the unit shifts from its mounts. Despite Plaintiff's continued complaints, Defendant failed to continue to attempt to fix the problems with the unit, so Plaintiff contacted Boyer & Sons to fix the problem. Boyer & Sons indicated to Plaintiff that the unit was improperly installed on top a deteriorating box containing a humidifier. In addition to the replacement of the deteriorating box, to repair the damage due to faulty installation, Boyer & Sons provided an estimate of $1,333.00 to fix the damage due to faulty installation and to stop the unit from continuous running. See Exhibit A - Boyer Estimate. Plaintiff sued Defendant at the District Justice level, and although winning the case, the District Justice could not determine the actual damages suffered by Plaintiff, and awarded $1.00 plus costs to Plaintiff. See Exhibit B - Judgment of the District Justice. COUNT I BREACH OF CONTRACT Paragraphs 1 through 5 are incorporated herein by reference. Defendant has breached the Agreement to install the heating unit by: a. failing to install the heating unit correctly, and b. failing to repair the improper installation. WHEREFORE, Plaintiff respectfully requests this Honorable Cou'rt to enter judgment for her and against Defendant in the amount of $1,333.00, and further award interest and costs of suit. This amount is less than $25,000.00 and therefore subject to compulsory arbitration. 10. 11. 12. COUNT II NEGLIGENCE Paragraphs 1 through 7 are incorporated fully herein by reference. Defendant owed a duty to Plaintiff to be able to perform in a reasonable Manner on the installation of the unit. Defendant has breached such duty by failing to propedy install the unit or repair the damages when asked to do so in 1999 and 2000. Due to Defendant's breach of such duty, Plaintiff has suffered damages as specified in Count I. Such damages are the direct result of Defendant's negligence. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment for her and against Defendant in the amount of $1,333.00, and further award interest and costs of suit. This amount is less than $25,000.00 and therefore subject to compulsory arbitration. RESPECTFULLY SUBMITTED, LORETTA SYKES-LACEY, PLAINTIFF RE"I IA SYKE~-L(~:;EY DATE/ EXHIBIT A BOYER ESTIMATES BGEORGE D. ?OYER SONS, INC. 639 ANTOINE STREET* HARRISBURG, PA 17110*PHONE (717) 236-7672' FAX (717) 236-2375 MARCELLIOUS HILL 810 KENT DR. MECHANICSBURG PA. 17055 DEAR MARCELLIOUS, I AM PLEASED TO PROPOSE THE FOLLOWING SPECIFICATIONS AND ESTIMATES FOR THE PURCHASE AND INSTALLATION'NECESSARY TO COMPLETE THE FOLLOWING: 1) REMOVE REFRIGERANT FROM THE CENTRAL AIR SYSTEM. 2) REMOVE THE AIR HANDLER FROM THE RETURN BOX AND SPACE GUARD AIR FILTER. NOTE: AIR FILTER CAN NOT SUPPORT THE WEIGHT OF THE AIR HANDLER. 3) INSTALL NEW RETURN AIR BOX AND RELOCATE AIR FILTER TO THE RETURN DUCT DROP. 4) INSTALL AIR HANDLER ON THE NEW RETURN AIR BOX. 5) INSTALL A NEW SUPPLY AIR PLENUM ON THE AIR HANDLER. CONNECT PLENUM TO THE EXISTING SUPPLY DUCTWORK. 6) REPLACE REFRIGERATION PIPING FROM THE AIR HANDLER TO THE OUTDOOR UNIT. NOTE: THE EXISTING REFRIGEILttTION PIPING IS CURRENTLY TO SMALL FOR THE EQUIPMENT. PIPING MAY HAVE TO RUN EXPOSED IN THE LOWER LEVEL. 7) LEVEL THE EXISTING PAD FOR THE OUTDOOR 8) RECHARGE UNIT AND CHECK OPERATION. UNIT. TO PROVIDE THE ABOVE.- ................................................ $1,333.00 WARRANTY: TO INCLUDE ONE (1) YEAR ALL PARTS. AND ONE (1) YEAR LABOR ON ALL EQUIPMENT INSTALLED. A DOWN PAYMENT OF 50% IS REQUIRED TO ORDER EQUIPMENT. THE BALANCE IS DUE UPON COMPLETION OF THE INSTALLATION. ANY ALTERATION OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COST OF MATERIAL OR LABOR WILL ONLY. BE EXECUTED UPON WRITTEN ORDERS FOR SAME, AND WILL BECOME AN EXTRA CHARGE OVER THE SUM MENTIONED IN THIS CONTRACT. ALL AGREEMENTS MUST BE MADE IN WRITING. THE CONTRACTOR AGREES TO CARRY WORKMEN'S COMPENSATION AND PUBLIC LIABILITY INSURANCE, ALSO TO PAY ALL SALES TAXES, OLD AGE BENEFIT AND UNEMPLOYMENT COMPENSATION TAXES UPON THE MATERIAL AND LABOR FURNISHED UNDER THIS CONTRACT, AS REQUIRED BY THE UNITED STATES GOVERNMENT AND THE STATE IN WHICH THIS WORK IS PERFORMED. THIS PROPOSAL IS VALID FOR THIRTY (30) DAYS. THANK YOU, G. DAVID BOYER JR. VICE PRESIDENT ACCEPTANCE OF THIS PROPOSAl, YOU ARE HEREBY AUTHORIZED TO FURNISH ALL MATERIALS AND LABOR REQUIRED TO COMPLETE THE WORK MENTIONED IN THE ABOVE PROPOSAL, AND ACCORDING TO THE TERMS THEREOF. SIGNATURE DATE TO ACCEPT THIS PROPOSAL, PLEASE SIGN AND RETURN ONE (1) COPY OF THIS PROPOSAL TO OUR OFFICE. NOTE: 1-1/2% WILL BE ADDED TO THE UNPAID BALANCE PER MONTH AFTER THIRTY (30) DAYS. EXHIBIT B JUDGMENT OF THE DISTRICT JUSTICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-04 DJ Name: Hon. THOMAS A. PLACEY Address: 104: S. SPORTING HILL RD. MECHANICSBURG, PA Telephone: (717) 761-8230 17050 LORE'I~'A SYKES - LACEY 810 F,.ENT DRIVE MECHANICSBURG, PA 17050 THIs IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~--~ Judgment was entered against: (Name) in the amount of $ ql _{l~q on: ~---~ Defendants are jointly and severally liable. ~--'] Damages will be assessed on: J--~ This case dismissed without prejudice. [---~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $. NOTICE OF JUDGMI=N ,,, PLA.NT,FF/JU DGME ¢ASE NAME and ADDRESS ~'Y'KE S - ~C~, LO~A 810 ~ DRI~ ~~ICSB~G, PA 17050 h VS. DEFENDANT/JUDGMENT F~Y' S H~TING & AIR CO~ITION 32~2 S~SIDE A~ ~ISB~G, PA L Docket No.: CV- 0000506- 02 Date Filed: 10/15/02 FOR PLAI~I'I FF .qW'R'R.q - T,AC'.RW': T,C~WR'P,PA (Date of Judgment) (Date & Time) Amount of Judgment $ 1 o O0 Judgment Costs $ 90.00 Interest on Judgment $ . O0 Attorney Fees $ .00 Total $ 91.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER'THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. '-~-~'30'-(")7~ Date ~ , District Justice I certify that this is a true an~ ~"~ -c~O- ~..~'~ Date s containing the judgment. , District Justice My commission expires first Monday of January, AOPC 315-03 SEAL VERIFICATION The undersigned, LORETTA SYKES-LACEY, hereby verifies and states that: Dated: APRIL 1. The facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief; and 2. She is aware that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE The undersigned Plaintiff hereby certifies that a true and correct copy of the foregoing Complaint has been served upon the Defendant named below at the address shown below by depositing the same in the United States mail, with first-class postage prepaid: Larry King 3212 Sunnyside Avenue Harrisburg, PA 17111 Dated: April 2, 2003 Loretta Sykes-La~ ~ LORETTA SYKES-LACEY PLAINTIFF LARRY KING, dba LARRY'S HEATING & AIR CONDITIONING, DEFENDANT IN THE COURT OF COMON PLEAS OF CUMBERLAND COUNTY NO. 2003-01143 CIVIL ACTION- LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Loretta Sykes-Lacey, Plaintiff 810 Kent Drive Mechanicsburg, PA 17050 YOU ARE HEREBY notified to plead to the within New Matter of Defendant, Larry King, within twenty (20) days of service hereof. Harrisburg, PA 17111 LORETTA SYKES-LACEY, PLAINTIFF LARRY KING, dba LARRY'S HEATING & AIR CONDITIONING, DEFENDANT ' IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY · NO. 2003-01143 CIVIL ACTION- LAW JURY TRIAL DEMANDED ANSWER TO COi~IPLAINT AND NOW, comes the Defendant, Larry King, and files the following Answer and New Matter in response to the Complaint of Plaintiff, Loretta Sykes-Lacey: 1. Admitted. 2. Admitted. 3. Admitted as to agreement. It is specifically denied that complaints were made about system. Defendant serviced the system on. August 10, 2000 for a minor repair and subsequently properly installed replacement parts sent by the manufacturer. Any damage that may have subsequently occurred was not caused by anything that the Defendant did. 4. Denied. All items proposed to be repaired in PlaintiWs Exhibit A have nothing to do with the work performed by the defendant. As a matter of fact, the Defendant, when making the initial installation told the Plaintiff that the Aprilaire cleaner needed to be replaced at a cost of approximately $500, but Plaintiff rejected its replacement and Defendant had to place the new unit on the defective Aprilaire unit, which has caused the problem. 5. Denied. Legal and improper allegation to which no response is required. COUNT I BREACH OF CONTRACT 6. Admitted. 7. Denied. All work done by Defendant was done in accordance with the professional standards of his trade. 8. Admitted. COUNT H NEGLIGENCE 9. Admitted. 10. Admitted. 11. Denied. As previously alleged, the installation of the unit was done in a professional manner and with due care. Any problems that the Plaimiff may have had are tmrelated to any work performed by' the Defendant. 12. Denied. All work done by Defendant was done in accordance with the professional standards of his trade. 13. Denied. All work done by Defendant was done in accordance with the professional standards of his trade. NEW MATTER 1. Plaintiff's claim of negligence as spelled om in Count II of her Complaint is barred by the two-year statute of limitations. 2. Plaimiff's damages claim of $1333 is improper because said amount was paid to her by an insurance company. Plaintiff cannot collect twice. WHEREFORE, Defendant respectfully requests that the Plaintiff's claim be denied. King,X-Defendant DATE: VEI~JFICATION I, LARRY KING, hereby certify that the statements within the foregoing document are true and correct to the best of my knowledge, information, and belief, and further state that false statements herein are made subject to the penalties of 18 Pa. C.S.§ 4904 relating to unswom falsification to authorities. DATE: aihtiff- AND NOW, this y of that I did serve the foregoing document by placing it in the United States mail, postage prepaid, addressed to the following: Loretta Sykes-Lacey, Plaintiff 810 Kent Drive Mechanicsburg, PA 17050 ( L~'y King ~ / '-3212 Sunnyside Avenue Harrisburg, PA 17111 LORETTA SYKES-LACEY PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2003-01143 LARRY KING, dba LARRY'S HEATING & AIR CONDITIONING DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, Loretta Sykes-Lacey, pro se, and files this Answer to New Matter, as follows: NEW MATTER 1. Admitted. 2. Count II is withdrawn. Denied. Plaintiff's insurance company, as shown on the attached Exhibit A, did not pay the amount of $1,333.00. RESPECTFULLY SUBMITTED, LORETTA SYKES-LACEY, PLAINTIFF VERIFICATION The undersigned, LORETTA SYKES-LACEY, hereby verifies and states that: 1. The facts set forth in the foregoing Answer to New Matter are true and correct to the best of her knowledge, information and belief; and 2. She is aware that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated:MAY ~' LOR,E-T~A' ~¢~Es.i~A~EY ~ EXHIBIT A STATE FARM LETTER DATED APRIL 30, 2003 04/30/2003 ~D 10:45 FAX State Farm April 30, 2003 Insurance Companies ~ 001 Peru~sylvanla Regional Office Fire Subrogation Un;t P.O. Box 101 $ Concordvllle, PA 19331-101E Loretta Sykes-Lacey By Fax 717-610-7526 RE: Claim Number: Date of Loss: Our Insured: 38-P443-616 June 20, 2001 Loretta Sykes-Lacey Dear Ms. Sykes-Lacey: Regarding your claim for damages on 6/20/01, this letter is to certify that State Farm Ins. Co. paid you for the resulting water damages of $589.19 less your $250.00 deductible totaling $339.19. State Farm does not cover the item which caused the loss itself. There is no coverage for the cost to repair or remedy the air filter or air handler system. No payment was made by State Farm toward the cost to remedy the water filtration system for which you are presenting an estimate of $1333.00 in the court of law. If you have any questions, please call. Sincerely, . O' Brien Claim Representative (610) 358-7571 State Farm Fire and Casualty Company HOME 01=I:ICES: BLOOMIN(~TON, ILLINOIS e1710-0001 APR 30 '03 13:11 PAGE.O1 CERTIFICATE OF SERVICE The undersigned Plaintiff hereby certifies that a true and correct copy of the foregoing Complaint has been served upon the Defendant named below at the address shown below by depositing the same in the United States mail, with first-class postage prepaid: Larry King 3212 Sunnyside Avenue Harrisburg, PA 17111 Lo~etta §571c~-L~t~'~~- ~ Dated: May ] ~ , 2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. CIVIL 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: /,d £,~ ~ ~/~ -- d~ ~ , o~,-~- for the plaintiffldcfcndant in th, above action (or actions), respectfully represents that: ~) The above-captioned (or actions) (are) action is at issue. The claim of the plaintiff in the action is $ ~ ~ 2. The counterclaim of the defendant in the action is ;) s The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT actions) as prayed for. ,-1-9 ,,~ in consideration of the · Esq., ar~ appointed arbitrators in the above captioned action (or LORETTA SYKES-LACEY, Plaintiff LARRY KING, d/b/a LARRY'S HEATING & AIR CONDITIONING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : . : NO. 03-01143 CIVIL TERM : : OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Andrew C. Spears, Esquire AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded they shall be separately stated.) Date of Hearing: December 2, 2003 , Arbitrator, dissents. (Insert name if applicable.) Date of Award: December 2, 2003 ~/~usan-J. nith, Esquire Andrew C. Spears, Esquire NOTICE OF ENTRY OF AWARD NOW, the _~oc-~ day of December, 2003, at ,.~ .:~5~_ -1~-.M', the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitr~or'scompens~ionto be paid upon appe~: $290.00 Prothonotary ~/ l)epu~ ' '--