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HomeMy WebLinkAbout03-1622 /I BRIAN D. MciNROY & ELIZABETH BERGEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW H & W LANDSCAPE CONTRACTORS, INC., Defendant NO. 03.//.P;;;.;Z &;J NOTICE TO DEFENDANT NAMED HEREIN: 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 1/ ,I II , BRIAN D. MciNROY & ELIZABETH BERGEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW H & W LANDSCAPE CONTRACTORS, INC., Defendant NO. 03 - I to .;{ J- COMPLAINT AND NOW come the above-named Plaintiffs by their attorney, Samuel L. Andes, and make the following Complaint in this matter: 1. The Plaintiffs are Brian D. Mcinroy and Elizabeth Bergey, husband and wife, who reside at 1816 Silver Pine Circle in Mechanicsburg, Pennsylvania 17055. 2. The Defendant is H & W Landscape Contractors, Inc., a Pennsylvania business corporation with offices at 405 Hemlock Lane in Etters, York County, Pennsylvania. 3. Plaintiffs own the residence at 1816 Silver Pine Circle in Mechanicsburg, Cumberland County, Pennsylvania. 4. Defendant has been, at all times relevant to this action, engaged in construction and home improvement work. 5. In early 2002, Plaintiffs arranged with Defendant to install a deck with gazebo and to do certain landscaping work at their residence. At that time Defendant provided Plaintiff with a price to the work they wished. 6. Thereafter, on 21 April 2002, Plaintiff and Defendant entered into a written agreement whereby Defendant was to do certain work described in the agreement for a agreed price of $15,554.00. Pursuant to the terms of that contract, Plaintiffs deposited with Defendant the sum of $4,666.20 as a deposit against the contract price. A copy of said contract is attached hereto and marked as Exhibit A. 7. At Plaintiff's request, Defendant subsequently prepared a sketch of the work Defendant was to do on Plaintiffs' home so that Plaintiffs could obtain a building permit. The sketch did not show the work as originally agreed by the parties and Defendant II .. refused to do the work as agreed for the contract price originally agreed upon between the parties. In August of 2002, Defendant demanded an increase in the contract price to do the work which Defendant had originally agreed to do in the agreement dated 21 April 2002. 8. When Plaintiffs refused to pay an increase price for the work required by the contract, Defendant refused to commence any work on Plaintiffs' home. 9. Defendant has refused to return Plaintiff's deposit. 10. Defendant, by his conduct, has injured Plaintiffs in the amount of $4,666.20, plus interest after 30 April 2002. WHEREFORE, Plaintiffs pray this court to enter judgment in their favor and against Defendant in the amount of $4,666.20, plus interest from and after 30 April 2002, plus costs of suit. ~~ uel L. Andes Attorney for Plaintiffs Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 " VERIFICA TION I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ~/21 /03 I I ~g ELIZABETH BER~~ " " . i[ II II II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL DIVISION BRIAN D. McINROY and ELIZABETH: BERGEY, No. 03-1622 Plaintiffs v. H & W LANDSCAPE CONTRACTORS, INC. , Defendant Civil Action - Law NOTICE You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. MORRIS Be VEDDER 32 N. DUKE ST. YORK. PA, II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN D. McINROY and ELIZABETH: BERGEY, No. 03-1622 Plaintiffs v. H & W LANDSCAPE CONTRACTORS, INC. , Defendant Civil Action - Law DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, this 19th day of May, 2003, comes the Defendant, H & W Landscape Contractors, Inc., by its attorneys, Morris & Vedder, and files this Answer with New Matter and Counterclaim of which the following is a statement: 1. Admitted. 2. Admitted. 3. Admitted. 4 . Admi t ted in part and denied in part. Defendant's business involves the construction of decks, patios, fences, and landscaping. 5. Admitted in part and denied in part. Defendant provided a proposal for the construction of a deck and gazebo. No landscaping was involved in the work discussed by the parties. 6. Admitted in part and denied in part. Defendant 32 N. DUKE ST. YORK, PA, admits that the parties entered into a contract for the construction of a deck and gazebo, the cost of which was to be MORRIS & VEDDER $15,554. provided. Defendant admits that a deposit of $4,666.20 was Defendant signed the contract on April 21, 2002 and Plaintiffs entered the agreement on May 6, 2002. A copy of the contract is attached hereto as Exhibit A. I' 7 . Denied. required Despite Plaintiffs a specific term in the which to secure necessary contract permits, Defendant found that Plaintiffs did not secure a permit at the time when Defendant was preparing to begin construction. Due to numerous requests for changes being provided by Plaintiffs, Defendant assumed the obligation of obtaining the permit and prepared a sketch sufficient for that purpose. Defendant denies that the sketch did not adequately reflect the deck requested by Plaintiffs. Any price changes discussed by the parties were due to Plaintiffs' requests for modifications or addi tions to the original contract. At all times, Defendant was prepared to construct the deck as originally agreed by the parties. 8. Denied. At all times, Defendant was prepared to construct the deck and gazebo Plaintiffs contacted Defendant as originally approximately agreed; however, one day before construction was to begin to indicate that they were canceling the job. Plaintiffs. 9. Admitted in part and denied in part. Defendant admits that the deposit was not returned to Plaintiff. Defendant denies any implication that Defendant was obligated to return the deposit. The contract provided no right of rescission to 10. Denied. Defendant denies that Plaintiffs have been injured or that interest would be due. Defendant has been injured by Plaintiffs' conduct as set forth In more detail MORRIS a VEDDER below. 32 N. DUKE ST. NEW MATTER YORK. PA. II. On or about March 18, 2002, Defendant met with Plaintiffs to discuss the construction of a deck and gazebo. Defendant provided a rough sketch and proposal. 2 II 12. On or about April 15, 2002, Plaintiffs indicated their desire to add more square feet to the deck and changes to the gazebo. 13. On or about April 21, 2002, contract, attached hereto as Exhibit Defendant provided the A, which accommodated Plaintiffs' requests. 14. On or about May 6, 2002, Plaintiffs returned the signed contract with the deposit. In accordance with the contract, the construction was to begin at the end of August 2002. 15. Despite the obligation upon Plaintiffs to obtain the building permit, Defendant met with Plaintiffs on or about August 19, 2002 and found that Plaintiffs had not gotten a building permit. Defendant agreed to assume this obligation. 16. Defendant created a drawing sufficient to obtain the building permit and completed the application for the permit on or about August 21, 2002 which indicated the cost of the improvement to be $15,554, the amount set forth in the contract. A copy of the application is attached hereto as Exhibit B. the 17. Approximately project, Plaintiffs one day prior breached the to the commencement of contract by indicating that they were canceling the job. 18. Defendant's expected profit $6,221.60. WHEREFORE, Defendant demands judgment in his favor and for the job was MORRIS Be VEDDER 32 N. DUKE ST. YORK. PA. against Plaintiffs. COUNTERCLAIM 19. Paragraphs 11 through 18 are incorporated herein by reference as if fully set forth at length. 3 MORRIS a: VEDDER 32 N. DUKE ST. YORK. PA. II 20. As a result of Plaintiffs' breach of contract, Defendant suffered a loss of profit in the amount of $6,221.60. 21. Alternatively, as a result of Plaintiffs' breach of contract, Defendant incurred expenses and loss of time. WHEREFORE, Defendant demands judgment in his favor and against Plaintiffs in the amount of $6,221.60 plus interest and costs of suit. MORRIS & VEDDER Respectfully submitted, ... / ~~~ By:/t!! ~ (~~ , Michael J. Krou, squire 32 North Duke Street P.O. Box 544 York, Pennsylvania 17405 (717) 843-9815 Supreme Court No. 53810 Doc. No. mjk3123 4 MORRIS a: VEDDER 32 N. DUKE ST. YORK. PA, Ii VERIFICATION I, Mark C. Hubbard, Sr., president of H & W Landscape Contractors, Inc., existing under the laws of the Commonwealth of Pennsylvania, verify that I am authorized to make this Verification on behalf of H & W Landscape Contractors, Inc. and that the facts set forth in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. H & W Landscape Contractors, Inc. Dated: ~- {<7- U5 11. . ~~ H&W LANDSCAPE CONTRACTORS INC. 405 HEMLOCK LANE ETTERS, PA 17319 (717) 932-4141 The following work has been prepared for Brian McInroy, 1816 Silver Pine Circle, Mechanicsburg, PA 17055, and includes all labor, material, and taxes. ' , DESCRIPTION Construct 562 square foot pressure treated deck and 16' octagon gazebo. Gazebo to be screened in from height of36" to roof. Roof to be gabled and independent. Shingles to match house if available. Light and :fun to be installed. Spouting to be used around gazebo. Door to be installed in gazebo. Construct steps from back side of deck down bank. Work scheduled to begin end of August 2002. Total Cost: $15,554.00 Contract requires $4,666.20 depoSit. Submitted by: (;) Y- ~/ -t:'JZ, Mark Hubbard Sr. H & W Landscape Contractors Inc. Date Accepted by: ;xZ--~~ Brian McInroy f~2-- Date Terms of Contract: 30% deposit required to secure contract; 30% due when work begins; balance due upon completion of project. This contract is effective for a period not to exceed 30 days, after 15 days prices are subject to change until receipt of signed contract. Exhibit A .() **************************************** PA ONE CALL INFORMATION 1-800-242-1776 NAME: Brian McInroy ADDRESS: 1816 Silver Pine Circle, Mechanicsburg, P A 17055 TOWNSHIP: Hampden COUNTY: Cumberland NEAREST INTERSECTION: Pinehurst Way & Silver Pine PHONE #: HOME: (717) - 732-9523 WORK: (717) - GENERAL DIRECTIONS: **************************************** Terms and conditions. ~ work that is Dot mentioned in this contract will be an additional charge. It is the responsibility of the homeowner to secure all necessary permits as may be required by their township! municipality fur the perfbrmance of tile contracted work. All permits must be secured at least 30 days in advance of scheduled start date. ~~ > - t1uh:1fr.1J . '1-- ) "Dr$. S-=t.~'..f~-,I.4'F-~. 2170 Cj 3(p BUILDING ENERGY CONSERVATION ACT 222 THE PROVISIONS OF THIS ACT MUST BE COMPLIED WITH BY THE PERMITEE APPLICATION FOR PLAN EXAMINATION AND BUILDING PERMIT IMPORTANT - Applicant to complete all items in sections: I, II, 11/, IV, and IX. lEI If 5//w I1n U,re( ~ ZONING I. AT (LOCATION) DISTRICT LOCA TION (NO.) (STREET) OF BETWEEN AND BUILDING (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE II. TYPE AND COST OF BUILDING - All applicants complete Parts A -D A. TYPE OF IMPROVEMENT D. PROPOSED USE - For "Wrecking" most recent use I ~w building <1Jfd Re~tial Nonresidential 20 Addition (If residential, enter number 12 ...' One family 18 0 Amuse;"ent, recreational of new housing ,units added. if any, 130 Two or mare family - Enter 190 Church, other religious in Part D, 13) number of units - - - - -.. 20 0 Industrial 3 0 Alteration (See 2 above) 140 Transient hotel, motel, 21 0 Parking garage 4 0 Repair, replacement or dormitory - Enter number 22 0 Service station, repair garage 50 Wrecking (If multifamily residential, of units ------- --.. enter number of units in building in 15 0 Garage 23 0 Hospital, institutional Part D, 13) 16 0 Carport 240 Office, bonk, professional 6 0 Moving (relocation) 17 0 Other - Specify 250 Public utility 7 0 Foundation only 26 0 School, library, other educational B. O~SHIP 270 Stores, mercantile 8 Private (individual, corporati on, 28 0 Tanks, towers nonprofit institution, etc.) 290 Other - Specify 9 0 Public (Federal, State, or locol government) C. COST (Omit cents) Nonresidential - Describe in detail proposed use of buildings, e. g., food tIS SS'r..f (f) processing plant, machine shop, laundry building at hospital, elementary 10. Cost of improvement................ school, secondary school, college, parochial school, parking garage for, department store, rental office building, office building at Industrial plant. To be installed but not included If use of exlstrng building Is being changed, enter proposed use. in the above cost a. Electrical....................... b. Plumbing....................... C'. Heating, air conditioning.... ..... d. Other (elevator, etc.)...... . . . . . . . 11. TOTAL COST OF IMPROVEMENT $ '". SELECTED CHARACTERISTICS OF BUILDING - For new buildings and additions, complete Parts E _ L; for wrecking, complete only Part J, for all others skip to IV. E. PRINCIPAL TYPE OF FRAME G. TYPE OF SEWAGE DISPOSAL J. DIMENSIONS 30 0 Masonry (wall bearing) 40 D Public or private company 48. Number of stories............. .".. 31 ~Wood frame 41 D Private (septIc tank, .tc.) 49. Total square feet of floor area, all floors, based on exterior 32 0 Structural steel dimensi ons ..................... 33 0 Reinforced concrete H. TYPE OF WATER SUPPLY 34 0 Other - Specify 42 0 Public or private company SO. Total land area, sq. ft. .. .. . . . . . . . 430 Private (well, cistern) K. NUMBER OF OFF.STREET PARKING SPACES F. PRINCIPAL TYPE OF HEATING FUEL J. TYPE OF MECHANICAL 51. Ene losed .. . . . . . . . . . , . . . . . . . . . . . 35 0 Gas Wi II there be central air 52. Outdoors. . . . . . . . . . . . . . . .. . . . . . . . 360 Oil conditioning? L. RESIDENTIAL BUILDINGS ONL Y 37 D Electricity 44 D Yes 45 0 No 53. Number of bedrooms.............. 38 0 Cool J 39 0 Other - Specify Will there be an elevator? Full.... ...... - ~ Exhibit B Partial....... . % o en -l :::a m m -l NOTES and Data - (For department use) IV. IDENTIFICATION - To be completed by all applicants ZI P code Tel..No. 1. Owner or Le.see 2. Contractor Sui Ider'. license No. 3. Arch; teet or Engineer I hereby certi fy that the proposed work is authori zed by the owner of record and that I hove been authori zed by the owner to make this plicatio /s his authorized agent and we agree to conform to 011 applicable laws of this jurisdiction. Addr::; fttit1#tll tjtt/ 'itltt,'5 It 173 (i ~~~i~;~ate DO NOT WRITE BELOW THIS LINE V. PLAN REVIEW RECORD - For office use P Ions Review Required Check Plan Review Fee Date Plans Started By Date Plans Approved By Notes BUILDING PLUMBING MECHANICAL ELECTRICAL $ $ $ $ $ OTHER VI. ADDITIONAL PERMITS REQUIRED OR OTHER JURISDICTION APPROVALS Permit or Approva I Check Date Number By Permit or Approval Check Date Number By Obta ined Obta ined BOILER PLUMBING CURB OR SIDEWALK CUT ROOFING ELEVATOR SEWER ELECTRICAL SIGN OR BILLBOARD FURNACE STREET GRADES GRADING USE OF PUBLIC AREAS OIL BURNER WRECKING OTHER OTHER VII. VALIDATION Sui Iding FOR DEPARTMENT USE ONLY Permit number Sui Iding Use Group Permit issued . . Sui Iding Fire Grading Permit Fee $ Live Looding Certificate of Occupancy $ Occuponcy Lood Approved by: Drain Tile $ Plan Review Fee $ TITLE VIII. ZONING PLAN EXAMINERS NOTES . DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES . IX. SITE OR PLOT PLAN - For Applicant Use C~~ .A?T/lt 14~' . ~ W mmm !m mil g g m . , II ~, W1:t:m:t: +H++ -+++++++ +++H+ :ttt:t:t:t ~ +l4+I- -+++++++ -I+H-I W:t:I:t #tt . . .. I w w ::" .". '.".;, ...:.....i..'..... - 869 Cl!1b9 BUILDING OFFICIALS & CODE ADMINISTRATORS INTERNATIONAL, INC. .' (~"> (~ <.. '. ) 1: ._~ ,',) , i~J " (~l "7') r. I :J (.') '-'J " '-.Ii' ~I --I :::> ~:J -0:: (::J -< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01622 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCINROY BRIAN D ET AL VS H&W LANDSCAPE CONTRACTORS INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: H&W LANDSCAPE CONTRACTORS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 28th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 32.24 .00 69.24 OS/28/2003 SAMUEL ANDES -:';;?-.------ ,~~~._---:- R. Thomas Kl~ne Sheriff of Cumberland County Sworn and subscribed to before me this /.2 1<-- day of (.~ _ ;2003 A.D. n. , ~ (2 fhdR,,,-, U",Z" '--i"'1' prothonotary'r7 ~- ~ 1{//5 ---- .' ~ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771,9601 SHERIFF SERVICE PROCESS RECEIPT andl AFFIDAVIT OF RETURN 28 EAST MARKET ST, YORK, PA 17401 ',i' . ' , INSTRl.ICmONS: .. PU~Ase TYPE ~NI.Y UNE 1 THRU 12 , "'~o NOfQeTA~H ANY tOPIES :;;;;Hii!!Hi iiii!~;<;:i:;:i;d;:i!;;;i;;.i",~;Arr~~;;;;>il!:<;:;'::::;;:>':!"" ';",'; . 1. PLAINTIFF/SI Brian D. McInroy et al 3. DEFENDANT/Sf 2. COURT NUMBER 01-1622 rivi 1 4. TYPE OF WRIT OR COMPLAINT H & W *E { AT 405 Hemlock Lane Etters, PA 17319 7. INDICATE SERVICE: Q PERSONAL [) PERSON IN CHARGE JG(DEPUTIZE 0 CERT. MAIL 0 1ST CLASS MAIL 0 POSTED 0 OTHER NOW April 9 , 20.D.3.- I, SHERIF~'tl~OUNTY, PA, d9 hereby deputize e sheriff of York COUNTY to execu~e th V,*~n~ke return . according to law. This deputization being made, at the request and risk of the plaintiff, ~____~~ , SHERIFF 01 COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Olmbe land Landscape Contractors Inc Notice and Complaint 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD H & W Landscape Contractors, Inc 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) OUT OF COUNTY CUMBERLNAD ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / OHlGINATOR and SIGNATURE 110. TelEPHONE NUMBER 111. DATE FILED SAMUEL L. ANDES 525 N. 12th ST. PO BOX 168 lemoynepa 17043 761-5361 4-9-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BelOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF '" .'"" LiHkHWl "'>!..Fl' mHHS,,,:Cl$llllllJ.owHmltuuOf'"THESHEiAIFjt-Pl:liIllI:lTWAI1l'EISll!l..OW'fl'll8l... 13. I aCknOw~edge ~ec.eiPtofthewrit R. AHRENS 11~_Df(f_W:EIVED or complaint as mdlcated above 16. HOWSERVED PERSONAL ( RESIOENCE(P!; POSTED( ) POEt ) SHERIFF'S OFFICE ( ) OTHER ( 17. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above, (See remarks below.) '~AND T ,OF INDI~L~~ I ~IS~ ADDRESS HERE IF NOT SHOWN ABOVE (RelaUonship to Defendant) 1'9,-//;(,' ~:;ce 120. ;;-; Service 21ATTEMPTS~2 T, l;i Its-I Datef ri'n, I Date I Time I Miles I In' I Date I Time I Miles I In' I Dale I Time I Miles ~n' I Dal+me I Miles I In' 22. REMARKS: ..' ......................................... ...............,.......... ............,....... .......... .. ........................... I' '\; !:.~I~"Il~IHea~ng Date' SEE REMARKS BELOW O:.in fTt fcJz.y fV\i)) G 153 s~/6 23. ,<g~n8n Costs 124. Service Costs 125. N/F 126. Mileage 127. Postage I 28. Sub Total 129. Pound 130. Notary 131 surchg'132. Tal. Costs I 33, Costs l)l!'"'1befund ~eck No..;. 18.00 12.24 30.24 2.00 32.24 42. 'tt!J?f; 34. Foreign County Costs 135. Advance Costs 136, Service Costs 137, Notary Cert 138. Mileage/Postage/Not Found 139, Total Costs 140. Costs Due or Refund 41. AFFIRMED and subscribed to before me this 12 S' I f~ ~O ERS MAY 03 C,J/~' 44, 'gnaureo 45;!J/';1'i t..S 42. day of, 20 _ 43 ~ V. V' p. Sheriff 7/ /qICi-.J NotanalS6al NrT RY 46. Signature of 0 47. DATE James V. Vangreen, Notary Public County Sheriff ~ City of York, York County, PA 5 -1 2 - 0 3 My Commission Expire" Mar 21 2005 WI L L I AM, H 0 S E . '-. 48. Signature of Foreign 49. DATE County Sheriff 50. I ACKNOVVLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHO~ITY AND TITLE 151. DATE RECEIVED 1. \NI-IITE. Issuing Authority 2, PINK. Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ECEIVED AUG 252005 if- TERRY L. MONN v, : CIVIL ACTION - LAW LUCINDA A. MONN Defendant : NO. 2002-1622 CIVIL TERM : IN CUSTODY ORDER AND NOW, this 2-)"- day Of~&, in consideration of the attached Stipulation Regarding Custody and Visitation, it is hereby ordered that: (I) Legal custody of TREVOR as contemplated by the Act of November 5, 1984, P.S. S1001, et seq., is awarded to Mother. (2) Physical custody of TREVOR is awarded to Mother subject to unscheduled partial custody by Father as shall be agreed to by Father and TREVOR. (3) Father and Mother shall provide transportation for TREVOR so that the parent obtaining TREVOR shall provide the transportation, until TREVOR has obtained a drivers license and can arrange his own transportation. /' BY THyCO'~RT: /~ ,/ ./ ;I; ~/0, J.B. / / Taylor P. Andrews, Esq. Terry L. Monn, 1345 Swope Dr" Boiling Springs, P A 17007 ~-W~ f-J.9-0J 9--. ~ >;; ~-:' ~~'"~, V...L:!- \J....:\-' ;t:~'C> C\.~ 0- ~~~\ r;;.:r- y 'b ...- ...- &- ~ ~ ~ -0 ~ ;;;;s: ~ ~ <-> 7' --- "7- , ,,~) ",52. :,c_\:~~ "--,~~ r ~:/~ .-;..:" <,.~\~,g, ~ o -