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HomeMy WebLinkAbout03-2075 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT 09-1-01 FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (:)"3 -a.DU c, U't l..~Efl-1'Y) NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT Barbara Gilbert MAG. DIST. NO. OR NAME OF D.J. 09-1-01 ADDRESS OF APPELLANT 50 Palmer CITY STATE ZIP CODE DATE OF JUDGMENT 4/3/03 Drive, Camp Hill, PA 17011 I IN THE CASE OF (PLAINTIFF) The New C.W. Fritz Co. (DEFENDANT) CV YEAR L T YEAR 0000040-03 Barbara Gilbert vs. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT ~H.~J- CLAIM NO. . This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No.1 001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon The New C. W. Fritz Co. , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No.c~ ~'JS C!., 'UlU within twenty (20) days after service of rule or suffer entry of judgment of non pros. fUn) ~\.O- H. ~44kJ- Signature of appellant or his attorney or agent RULE: To The New C. W. Fritz Co. Name of appellee(s) , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service 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 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: fY2 ~ 'I J ,Year~Q6 White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink- Appellee Copy Gold - D. J. Copy Plath. - 76 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 PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year _~__, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name _ __~___ , on , year n____' 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on_, year ___' 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS __ DAY OF ____, YEAR___. SlgnD/ure of Affianl Signature of official before whom affidavit was made My commission expires on , year __.' N0~ tl=-'" ~ ~ ~ t~ -F (') 0 0 c W 'n ~ :r: -0 C.' :r;:.. - "1', IT! l' -< Z I ;, j Z ~[: , \_~/ e0 L -< , ( ..) ~ C -.1 "1~ ; -0 .. '1"1 ~- __:;1>0 ,,-~... z: ;-~, " ~ ~~ s;.:. <, ---~ w .- c:'= --. z :.n ..'..... --I ~-o -< -.J ::< Title of official ---- W ....) ~ " a""''lo4 . -. ,,00. ~ v..- ).7 - ~~. * COMMONWEALTH OF PENNSYLVANIAt COUNTY OF: COKBERLAND Mag. Ois!. No.: 09-1-01 OJ Name: Hon. CBA1U&S A.. CLBMBNT, JR.. Address: 400. BRXDGB STREET OLDB TOWNE CODOHS - SUXTE 3 NEW ctJKBERLAND, PA Telephone: (717) 774 - 5989. 17070 AT'rOBNEY DEP PRXVATB : XRA H.. WEXHSTOCK, ESQ .. 800 H.. 2ND STREET HARRXSBURG, PA 17102 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF/JUDGME~YJJ.ro~:ASE 'THE NEW C.. w ..prtlJ!A~~S -, 418 OAK STREET C/O JULXE DWYER l!-EMOYNE, PA 17043 VS. DEFENDANT/JUDGMENT C~IIn9~ORESS fGXLBERT, BARBARA 50 PALMER DR:IVB CAMP HXLL, PA 17011 L -' -, -' .. .; ...... ......:..<.. . Docket No.: CV-0000040-03 Date Filed: 1/29/03 ~ THI~ IS TO NOT~Y YOU THAT: Judgment: POR PLAINTIPP [iJ Judgment was entered for: (Name) .....RR 'NRW ~,w li'RT.....7. ('.n Ii] Judgment was entered against: (Name) GTT.BERT, B1UlR.RA 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 JUDGMENTITRANSCRIPT 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. UNLESSTHE 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 DEBTO':1 p~Y~ IN FULL, SErrLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~'A~i ~::.. .' ....... r~-' , \~~ , District Ju~ce ~ I certify tharthis is a true and correct copy of the record of the proceedings ~rit~il1mg the judgmentt ~ t'".~_ ',_ \.>~' _ .,,~ .':.' Date \" "b'" :.-;':'Qistr1c! justice .. '1.t: -~ ,-~ . in the amount of $ 1 , q12 '7'7 on: D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ (Date of Judgment) (Date &. Time) 410'1/0~ .. . ., -". Amount of Judgment $ 1.826..27 Judgment Costs $ 86..50 Interest on Judgment $ ..00 Attorney Fees $ ..00 Total $ 1.912..77 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ 04/03/200~ Date .~ My commission expires first Monday of January, 2008 . AOPC 315-03 ",: 11'.' ~ 1-, 'It ., '. ~ t t SEAL ~"'~::'"1i4 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 PENNSYLVANIA COUNTY OF Dauphin ; ss AFFIDAVIT: I hereby swear or affirm that I served [:g a copy of the Notice of Appeal, Common Pleas No. ---D.l:-20 7 5 ' upon the District Justice designated therein on (date of service) Ma y 5 , year 2003 , 0 by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name The New C. w. _ Fritz Co. ___~___, on Ma y 5 , year _~~, 0 by personal service [2g by (certified) (registered) mail, sender's receipt attached hereto. ~ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on Ma y 5 , year .-100 L, 0 by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME a+h 03 THIS 0 DAY OF May ,YEAR. 20 . 2.:n.oLo-- Wi, ~. Signature of off:Cial before whom affidavit was made S) JcJ U ----~ ~---~ Signature of Affiant My commission expires on March 20, year 2004 f) s;;: ;}? Pi, >fti" f!;?-- "':" " ~:t ;;j;. . ~.:' 5:;; (- !; t:::::l (,..~ -";.. ..::::..... ~ ..-'1 No:tar~llb]ic ritle of officiat -', I t_..') NOTARIAL SEAL LINDA WITMER, Notary Public Harrisburg, Dauphin County, PA My Commission Expires 03-20-2004 :i; j -- " .::)'iq ::J.) ....... ~i -- *. r:-- I\) ~~'7~~tJRf~IJ~r~~J?J~.~I~,~~~~~~~t"~r.~ ,";" Ji;' ;.~ ,t' ~-;:'~ ~,~"",:", .' ,\ :~.:;""'-:'~:.!::";.:lJI~;.,:;:~':}'j.',~,' ~\t-r:"'f~!. -:r'W':Jt:--<;';;~~"!'-"~~~..I;:Jf;t~~""J:7.~1ott;~;,..:,,~u;,~,~,:~,~~....~''''f"",,-,;:,_ .'~~,~'t'v_.n,"_'~'""",.. -c-'h-'~_ _~_.,._.__. _.. COMMONWEALTH OF PENNSYLVANIA. COURT OFCOMMON PLEAS Cumbe.r laud County NOTICE OF APPEAL FROM JUDICIAL DISTRICT o 9-i. '-01 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 03 -~ C ; '"--'...-- , (J', l /f/:"',) NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF~ELLANT Barbara Gilberc MA<b~L 10...<ijlfAME OF D,J. / . ADDRESS OF APPELLANT CITY 50 Palmer Dr~ve, Camp Hill, p~ 17U~l STATE ZIP CODE DAT~ or~UQGtA~T. ,/ -'/l/.j ~, IN THE CASE OF (P~' TIFF) '1"."'" No".. 0... ".,c'Fi'v':' .,. 'C. .. ,J.....,;"... lo.,;; V\ v' ,,41""'_,_.4.1.. \........> , . .J Co.~' , BeUcDcLca (~~F{'ftN:gL- c V!;. SIG{1ATURE OF APPELLANT OR HIS ATTORNEY Or:~T \J/..-'Cc\. f-{. L~ 1l7rtC, C. CLAIM NO. CV YEAR L T YEAR 0000040-03 . . This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appel/ant was Claimant' (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL . Signature of Prothonotary or Deputy . PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY When appellant was. DEFENDANT (see PA R.C.P.J.P. No. 1001 (7) in action before District JustiCe. IF NOT USED,detach from ~opy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary The Ne~ C.W. F?itz CD. 1- .\~ Enter rule upon , appellee(s), to file a complaint in this appeal /) .. Name of appel/ee(s) (Common Pleas No~:5 -~S "::' i~l) within twenty (20) days after service of ru~ ors.uf.ffl{ entry\ofju~gmenJ of,n.9n pros. , U'011 ~\ Cl /1, tA.\.J2.J.- t . I ""ft.4_.l----- "t : , Sig1UUiJ-e o~ appellant or his attorney or agent RULE: To The New C.W. Frltz Co. Name of appel/ee(s) , appellee(s) (1 ) You are notified that a rule is hereby entered upon you to file a complaint I" this appeal within twenty(20} days after th~,(j~e()fservice of this ~.I~upon you by personal service qr by certifieq or regist~ed mail. .,....,. -< "- .' ,,;' ....., .. .... 'fr_' "',' .' ' .~. ,: 'Ii I ,~ If YO.Q..-do..r1otfile a complaint wittrln:this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UP~RAECIPE." .~.....,,~ H .l ,.'1"-... " (2) Date: (~2~:~m.e 10f se",,," qfth;s.,le "~...e..., 9I[:as by mail Is the :.,e of 'he /,;.. /." .:g ... L Q. 71;2.'. .fI0 ..' I /'1 a -I- ,Year"!''' 6 ~ .... ,....{~ ~.up;;; Signature of Prothonotary or Deputy '..,/1 White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink c- Appellee Copy Gold - D. J. Copy ,,", '. ..,''; ~- .<' .. Proth. - 76 . Complete.ltems 1, 2, and 3. Also complete item 4lf Restricted Delivery is desired. . Print YQij/'.name and address on the reverse so that w~ 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: J)'i.SbiC:.tJ.u.stic..e tlL..-rlesL If4\. 400 .&-i'd ere S'L. ()Icl1Crwr'\l Cc1w1Mevl~ ~,'#e. 3 New ~~tl(I~1 P.4. 1107U 2. Article Number (rransfer from service label) PS Form 3811, March 2001 . Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type ~ Certified Mail o Registered o Insured Mail o Agent o Addressee Dyes DNo o Express Mail o Return Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) 7001 1940 0001 2177 ~D05 Domestic Return Receipt U S Pustdl SerVICI' CERTIFIED MAIL RECEIPT I UUIII",~ilC (Vldll Dilly. No Insurance Coverage PrOVided) LI'l t:I o ,."1 ~ ~~~e $ ?"- M Certified Fee ru Retum Receipt Fee M (Endorsement Required) t:I t:I Restricted Delivery Fee .0 (Endorsement Required) Total Postage & Fees t:I ~ lr r"I r"I t:I o f'- C I J;\ L ~t; ~.36 1.1S" u PosImerk H818 S IS I CB DYes 102595-01.M.1.J . Complete items 1, 2, and 3. Also complete item 4 if Restricted 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: -rke. NUl' c.... tV HI -t-z. (C). 1./ , 1 {)cA. II:.-. 5; if e-e-t- <ic Ju.~ ,. t.. 'D.wt.." 1- €JYlC 'ztu.... P A. II D'-I3 3. Service Type ~ertified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Art (Tn PS Fe 102595-01-M-1424 U S !';Jsl,,1 S, t Vll e CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage PrOVided) OJ IT' I IT' C f'- Postage $ 31 f'- ~.30 r"I Certified Fee N I"ostmark r"I Return Receipt Fee 1.7~ Here (Endorsement Required) C 5;':;lo~ C Res1ricted Delivery Fee C (Endorsement Required) C Total Postage & F_ $ ){ if: ~ ::r P'"' r"I r"I C c f'- MCRR MECHANICALS INCOR- PORATED d/b/a THE NEW CW. FRITZ CO., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. Plaintiff, : NO. 03-2075 CIVIL TERM vs. BARBARA GILBERT, : CIVIL ACTION - LAW Defendant. NOTICE TO PLEAD TO THE WITHIN NAMED PARTIES: You are hereby notified to file a written response to the within NEW MATTER within twenty (20) days of service hereof, or judgment may be entered against you. IRA H. WEINSTOCK, P.e. 800 North Second Street Harrisburg, P A 17102 Phone: 717-238-1657 By: ~nl-{',~ IRAR. WEINSTOCK - Dated: June 30, 2003 MCRR MECHANICALS INCOR- PORATED d/b/a THE NEW e.W. FRITZ CO., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Plaintiff, : NO. 03-2075 CIVIL TERM vs. BARBARA GILBERT, CIVIL ACTION - LAW Defendant DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, Defendant, Barbara Gilbert, by and through her attorneys, IRA H. WEINSTOCK, P.e., files this Answer to Plaintiff's Complaint, averring as follows: I. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in Paragraph 1 of the Complaint and, therefore, denies the allegations thereof Strict proof will be demanded at time of trial, if the same be material. 2. Admitted. 3. Admitted. 4. Denied as stated. Defendant admits that she entered into an agreement with C.W. Fritz, but denies the remaining allegations of Paragraph 4. Defendant avers, on the contrary, that she entered into an agreement with C.W. Fritz whereby C.W. Fritz would supply and install heating and air conditioning in Defendant's Cumberland County residence. 5. Admitted. 6. Admitted. 7. Denied as stated. Defendant admits that subsequent to the completion of Plaintiffs work, Defendant presented a check to C.W. Fritz in the amount of $1,348.00 and that a stop payment order was placed on said check, after it was received by C.W. Fritz, but denies the remaining allegations of Paragraph 7. Defendant avers, on the contrary, that the agreed upon equipment was not delivered in that it had been agreed that Plaintiff was to install air conditioning in addition to heating. 8. Denied. On the contrary, Defendant does not owe an outstanding balance to Plaintiff in that Plaintiff did not fulfill its duties under the agreement. In particular, Plaintiff did not install air conditioning, as provided for in the agreement. COUNT I BREACH OF CONTRACT 9. Defendant hereby incorporates her answers of Paragraphs 1 through 8, as if more fully set forth herein. 2 10. Denied. On the contrary, Plaintiff did not satisfactorily perform all duties and obligations in connection with the agreement in that Plaintiff did not install air conditioning in addition to the heating, as provided for in the agreement. 11. Denied. On the contrary, Defendant does not owe Plaintiff any further monies under the agreement in that Plaintiff did not complete the job that it had been contracted to perform. 12. The allegations of Paragraph 12 of the Complaint are denied since they are conclusions of law to which no responsive pleading is required. 13. Denied as stated. Defendant admits that the agreement states that in certain instances C.W. Fritz may be entitled to interest at the rate of one and one half percent (112%) compounded monthly, along with legal fees in the amount of fifteen percent (15%) of the total contract price, but denies the remaining allegations of Paragraph 13. Defendant avers, on the Icontrary, that Plaintiff is not entitled to said interest or legal fees in that C.W. Fritz did not complete the job that it had been contracted to perform. 14. The allegations of Paragraph 14 of the Complaint are denied since they are conclusions of law to which no responsive pleading is required. 15. The allegations of Paragraph 15 of the Complaint are denied since they are conclusions of law to which no responsive pleading is required. 3 Plaintiff is not entitled to a penalty of one percent (I %) per month or the reimbursement of attorney fees in that C.W. Fritz did not complete the job that it had been contracted to perform. COUNT III QUANTUM MERUIT 21. Defendant hereby incorporates her answers of Paragraphs 1 through 20, as if more fully set forth herein. 22. Denied as stated. Defendant admits that she received the value of the labor and materials provided by C.W. Fritz with regard to the heating only, but denies the remaining allegations of Paragraph 22. Defendant avers, on the contrary, that Defendant paid for the benefit oflabor and materials from C.W. Fritz in regard to the heating only, however, Defendant did not receive the benefit of labor and materials from C.W. Fritz in regard to the air conditioning that was to be installed at the time of the installation of the heating, as provided for in the agreement and, therefore, Defendant is not liable to Plaintiff for any additional momes. 23. Denied as stated. Defendant admits that she received the value of the labor and materials provided by C.W. Fritz with regard to the heating only, but denies the remaining allegations of Paragraph 23. Defendant avers, on the contrary, that Defendant did not receive the full benefit of labor and materials from 5 c.w. Fritz in that C.W. Fritz did not install the air conditioning in addition to the heating, as provided for in the agreement and, therefore, Defendant is not liable to Plaintiff for any additional monies. 24. The allegations of Paragraph 24 of the Complaint are denied since they are conclusions of law to which no responsive pleading is required. 25. Denied. On the contrary, the fair value of any materials and labor provided by CW. Fritz is not $2,698.00 in that CW. Fritz did not complete the job that it had been contracted to perform and, therefore, $1,348.00 does not remain due and owing. COUNT IV QUANTUM VALEBANT 26. Defendant hereby incorporates her answers of Paragraphs 1 through 25, as if more fully set forth herein. 27. Denied as stated. Defendant admits that she received the benefit of the heating as provided by C.W. Fritz and that Defendant has satisfied her obligation to C.W. Fritz in regard to this benefit, but denies the remaining allegations of Paragraph 27. Defendant avers, on the contrary, that she did not receive the benefit of air conditioning and, therefore, Defendant is not obligated to Plaintiff for any further monies under the agreement. 6 28. Denied as stated. Defendant admits that she received the benefit of the heating as provided by C.W. Fritz and that Defendant has satisfied her obligation to C.W. Fritz in regard to this benefit, but denies the remaining allegations of Paragraph 28. Defendant avers, on the contrary, that she did not receive the benefit of air conditioning and, therefore, Defendant is not obligated to Plaintiff for any further monies under the agreement. 29. The allegations of Paragraph 29 of the Complaint are legal conclusions to which no response is necessary. To the extent an answer may be appropriate, the allegations are denied. Defendant avers, to the contrary, that Plaintiff is not entitled to any further monies in that C.W. Fritz did not complete the job that it had been contracted to perform. NEW MATTER In further answer to Plaintiff's complaint, Defendant avers the following New Matter: 30. Defendant entered into the agreement solely in consideration of the performance by Plaintiff of the promises made therein by Plaintiff. Defendant has performed all of the promises and conditions required on her part by the agreement, but Plaintiff has failed to perform as provided for in the agreement, in 7 that Plaintiff failed to install air conditioning in Defendant's Cumberland County home. Indeed, the agreement provides, in relevant part, as follows: "We are pleased to submit our proposal to furnish and install heating and air conditioning in your residence . . ." Furthermore, the description of services in Plaintiff's final invoice provides for the installation of HVAC (i.e., Heating, Ventilating and Air Conditioning). A true and correct copy of the agreement and final invoice are attached hereto as Exhibit "A." WHEREFORE, the Defendant requests that Plaintiff's complaint be dismissed and judgment be entered in favor of Defendant. Respectfully submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, P A 17102 Phone: (717) 238-1657 By:Jlo... H. ~CO IRA. II. WEINSTOCK Attorney ill N 06132 8 VERIFICATION I, Barbara Gilbert, verify that the statements in the foregoing ANSWER AND NEW MATTER are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsifications to authorities. Dated: r..1 ~ 11113 (1~J~ tt!b..1tif BARBARA GILBERT .\' FRITZ,,. ..:~, , /l)lR"," :'~". , L'-h,'.lll-: ..H:-!', ~ 418 Oak Street Lemoyne. PA. 17043 (717) 766-2582 80().34:l-9243 Web Site: www.cwfritz.com : E.mail: sales@cwfritz.com LENNOX> Ms. Barbara Gilbert 50 Palmer Dr. Camp Hill, PA 17011 September 10, 2002 We are pleased to submit our proposal to furnish and install heating and air conditioning in your residence as follows: I ea. Lennox Elite 90 gas furnace rated at 70,000 BTUs with an AFUE of 92.0 % Removal and disposal of existing furnace. I ea. Wall termination kit. I ea. Thermostat Honeywell T87F. All necessary sheet metal alterations and conn.:ctions, All necessary flue pipe alterations and connections. All necessary electrical power and control wiring alterations and connections. All necessary piping alterations and connections, All necessary labor required to complete the installation. Warranties on the above are five years on parts and labor from Lennox, and a Lifetime on the heat exchanger. Any warranty work done by other than C.W. Fritz Co. may void the warranty . The warranty does not cover failure due to abnormal or improper use, voltages, lack of maintenance nor failure caused by associated parts. This estimate is for the quoted items only, Any additional work required due to unforeseen and existing conditions will be done on a time and material basis and only after customer approval. The charge for this work is $ 2698.00 , 1/2 to be submitted with acceptance of tfils proposal and the balance upon completion of the instanation, Alternately upon approval you may make monthly payments of approximately $ 252.00 , for 12 months with no interest, the balance payable in full before the end of the chosen term, _. Yo. or a Lennox Dimension two Slac~ gas furnace ow stage and 69,500 BTUs on hlg s age and with an AFUE of Ac1c1 (9 tRe alJo':~ $ SS.9Q fer 8iI ek-t,v>Lauc filter. Add 113 tfie aee\~ $ 3QQ nn fnr, 1 ohh humidifier in<r.ll-ed at the same time. All work to be performed during normal working hours 8:00 AM to 4:30 PM, Monday through Friday. We thank you for this opportunity to quote and trust that we may be favored with vour most val ued order. cc. Russ Miller EXHIBIT "All . FRITZ ( ~~, ;r./I...""'l..i?-........, . , ; ~ ~ u\a.l, "oil'; ,< : '.."..,,/J ~ 418 Oak Street Lemoyne, PA 17043 (717) 76&-2582 8OlJ.34J.9243 i Neb Site: www.cwlritz.com ! E.mail: sales@cwfritz.com . ;ox~ ,~ if ~ ~ ~~' 'J:0 ~ : LENNOX- We thank you for this opportunity to quote and! trust that we may be favored by your most valued order. We agree to furnish labor and material- complete in accordance with limited specifications, and ~ to conditions found on this agreement for the sum of: 61R ~ Dollars Payment to be made as follows: 50% upon signing agreement, and the balance upon completion of the job, OR one of our approved purchase plans. PERMITS: Some local municipalities require p.mnits and inspections. Due to the uneven enforcement of this policy throughout the mid-state region, no permit or inspection fees are included in this proposaL Should a local permit be required, the homeowner will be responsible for obtaining the permit. Accepted: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. The undersigned has/have executed this agreement intending to be legally bound hereby. By 6~JI1.~ Date If/0'z Owner! Agent By Date Owner! Agent Respectfully submitted, The New C.W. Fritz Co. ByQA'~"?;7 -pr.d..( Authorized Representative This price is in effect for 30 days. Date I C/ / tdz.- ( CONDITIONS We reserve the right to postpone or suspend work in the event of nonpayment of invoices. All material is guaranteed to be as specified. All work is to be completed on a workmanlike manner according to standard practices, Any alterations or deviation from specifications involving extra costs will be executed on only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. A service charge of I \1,% compounded monthly shall be added to all amounts not paid pursuant to the terms of this agreement. Those executing this agreement represent that (he is) (they are) the owner(s) or agent(s) of the owner(s) of the property described in this agreement. Should the obligation accruing from this agreement be referred to an attorney for collection, owner(s) agree(s) to pay legal fees in the amount of 15% of the Itotal agreement price, . --.......---'- '- \. ~""'t1. CAN Plt ~"Y ./"):, WE MAKE HOUSE CALLSI CUSTOMER: GIL050 BARBARA GILBERT 50 PALMER DR CAMP HILL, PA 17011 Total Contract Amount: Total Billed To Date: Retainage To Dale: FINAL BILLING I HVAC G26Q3-75 GAS FURNACE -. c. W. Fritz Co. 418 Oak Street Le~oyne, PA 17043 (717) 711&-2582 or 1.8C>>343.Q243 CONTRACT INVOICE BILL TO: GIL050 BARBARA GILBERT 50 PALMER DR CAMP HILL, PA 17011 3796H JOB NO. Description Billing Amount: Less Retainage: Net Amount Due: 10/15/02 DATE: 006789 INVOICE II 1.348.00 1,348.00 THIS INVOICE IS SUBJECT TO A FINANCE CHARGE ~ PE. lAONTH. ANNUAL pe..cENTAGe .ATE ~ ......,eH IS ALLOWED BY LAW ON All BAlANCES OVER 30 DAYS PAST DUE. PuRCHASER AGREES TO PAY ALL COSTS AND REASON.Il,BlE ATTOFINEV.S FEE IF THIS INVOICE IS PLACED IN THE HANDS OF AN ATTORNEY FQfI COLLECTION CERTIFICATE OF SERVICE AND NOW, this 30th day of June, 2000, I, Ira H. Weinstock, Esquire, attorney for Defendant, Barbara Gilbert, hereby certify that I served the within DEFENDANT'S ANSWER WITH NEW MATTER this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: John H. Hyams, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 By: J1o- /-( . ~:Jfccf) IRA H. WEINSTOCK -r: r'~ ~: ?!i r~ "., -7 ~-~(~~; '.. 3; -< o 0 C.) "'q '. -~ -., ::.: ~!1 ;-11 C) ,~ -;(.,J -,- -'.j &{~ ~"=i ~ t:- <;:, MCRR MECHANICALS INCORPORATED d/b/a THE NEW C.W. FRITZ CO., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2075 Civil Term Plaintiff v. BARBARA GILBERT, : CIVIL ACTION .. LAW Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, MCRR Mechanicals Incorporated d/b/a The New C.W. Fritz Co., by and through its attorneys, Cunningham & Chernicoff, P..C., and files the within Answer to Defendant's New Matter and in support thereof avers as follows: 30. The averments contained in Paragraph 30 of Deftmdant's New Matter state conclusions of law to which no response is required. If it is later judicially determined that a response is required, those averments are specifically denied. By way of further pleading, Paragraph 30 of Defendant's New Matter alleges that Plaintiff was obligated to furnish air conditioning in addition to other materials and services. In support of that allegation, Defendant quotes a portion of the parties agreement as follows: "Weare pleased to submit our proposal to furnish and install heating and air conditioning in your residence ..." However, Defendant fails to include the full language of that sentence which actually reads as follows: "Weare pleased to submit our proposal to furnish and install heating and air conditioning in your residence as follows: I ea. Lennox Elite 90 gas furnace rated at 70,000 BTUs with an AFUE of 92.0%; Removal and disposal of existing furnace; I ea. Wall termination kit; I ea. Thermostat Honeywell T87F; All necessary sheet metal alterations and connections; All necessary flue pipe alternations and connections; All necessary electrical power and control wiring alterations and connections; All necessary piping alterations and connections; and All necessary labor required to complete the installation." The contract goes on further to state that the "estimate is for the quoted items only." Therefore, Defendant's attempt to reconstruct the intended meaning of the parties' agreement is either an unreasonable interpretation of the contract, as a failure to read the plain language of the parties' agreement. A true and correct copy of the parties' agreement is attached hereto and marked as Exhibit "A". WHEREFORE, Plaintiff respectfully request that this Honorable Court dismiss Defendant's New Matter and enter judgment in its favor and against the Defendant, Barbara Gilbert in the principal amount of$I,348.00 plus the following: (a) Interest at one and one half percent (I \1,%) compounded monthly, as set forth in the agreement, or, alternatively, at the rate of one percent (1 %) per month as specified in the Contractor and Subcontractor Payment Act; (b) The statutory penalty of one percent (I %) per month as specified in the Contractor and Subcontractor Payment Act; (c) Reasonable attorneys fees and expenses as specified in the contract, or, alternatively, as specified in the Contractor and Subcontractor Payment Act; and (d) All costs of this action and such further relief as this Honorable Court deems just. Respectfully submitted, Date: cJJly ~ CUNNINQijAM & CHERNICOFF, P.C. (V~- By: .-/ John M. Hyams, Esquire Attorney ID# 87327 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Attorneys for Plaintiff ,2003 3 EXHIBIT "A" . .,' FRITZ r r ,~' , /l'lR""" '~". , l ~I(o.,lllt -.\I'>l., ~ 418 Oak Street Lemoyne. PA 17043 (717) 71>>2582 80{).343-9243 Neb Site: www.cwfritz.com : E.mail: sales@cwfritz.com LENNOX- Ms. Barbara Gilbert 50 Palmer Dr, Camp Hill, PA 17011 September 10, 2002 \ \ ! Weare pleased to submit our proposal to furnish and install heating and air conditioning in your residence as follows: I ea. Lennox Elite 90 gas furnace rated at 70,000 BTUs with an AFliE of92.0 % Removal and disposal of existing furnace. 1 ea. Wall tennination kit. I ea. Thennostat Honeyviell T87F. All necessary sheet metal alterations and connections. All necessary flUe pipe alterations and connections. All necessary electrical power and control wiring alterations and connections. All necessary piping alterations and connections. All necessary labor required to complete the installation, Warranties on the above are five years on parts and labor from Lennox, and a Lifetime on the heat exchanger. Any warranty work done by other than C,W. Fritz Co. may void the warranty , The warranty does not cover failure due to abnOlmal or improper use, voltages, lack of maintenance nor failure caused by associated pa:~s. This estimate is for the quoted items only. Any additional work required due to unforeseen and existing conditions will be done on a time atld material basis and only after customer approval. The charge for this work is $ 2698,00 , 1/2 to be submitted with acceptance of this proposal and the balance upon completion of the installation, Alternately upon approval you may make monthly payments of approximately $ 252.00 , for 12 months with no interest, the balance payable in full before the end of the chosen tenn, or a Lennox Dimension two ''''5' g!l5 furnace ow stage and 69,500 BTUs on 19 s age and with an AFUE of Yo. Ar1r1 to? ti:la ah0':~ $ ~5 OQ fer an ekalu~la1ic fiher. t>.dd t& llIe ae8':g S '00 00 fAr. 1 nhh humidifier ;n<l.lkd at the same time. All work to be perfonned during nonnal working hours 8:00 AM to 4:30 PM, Monday through Friday. . We thank you for this opportunity to quote and trust that we may be favored with your most valued order. cc. Russ Miller EXHIBIT . I'RITZ ( ," ",' rl ~ . , . ~ ~,,\a.ll ,\l'l"j " " '-.".. ..../ -' ~ 418 Oak Street Lemoyne. PA 17043 (717) 766-2582 8Q(}'34:l-9243 i eb Site: www.cwfritz.com ! -mail: sales@cwfritz.com . ~f;~x ~ ~ ~~. \)0 ~ : LENNOX- We thank you for this opportunity to quote and trust that we may be favored by your most valued order. We agree to furnish labor and material- complete in accordance with limited specifications, and ~ to conditions found on this agreement for the sum of: 6ZR cr,;... Dollars . I I , , \ I i Payment to be made as follows: 50% upon signing agreement, and the balance upon completion of the job, OR one of our approved purchase plans. PERMITS: Some local municipalities require pennits and inspections. Due to the uneven enforcement of this policy throughout the mid-state region, no permit or inspection fees are included in this proposaL Should a local permit be required, the homeowner will be responsible for obtaining the permit. Accepted: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. The undersigned haslhave executed this agreement intending to be legally bound hereby. . By 6~) 11. AJ.W Date I~/p~ Owner/Agent By Date Owner/Agent Respectfully submitted, The New C.W. Fritz Co. ByQ-<~ .-?..:f-4.{ Authorized Representative This price is in effect for 30 days. Date /c/ ~~ ( CONDITIONS We reserve the right to postpone or suspend work in the event of nonpayment of invoices. All material is guaranteed to be as specified. All work is to be completed on a workmanlike manner according to standard practices. Any alterations or deviation from specifications involving extra costs will be executed on only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control.. A service charge of 1 Y.% compounded monthly shall be added to all amounts not paid pursuant to the tenns of this agreement. Those executing this agreement represent that (he is) (they are) the owner(s) or agent(s) of the owner(s) of the property descn'bed in this agreement. Should the obligation accruing from this agreement be referred to an attorney for collection, owner(s) agree(s) to pay legal fees in the amount of 15% of the total agreement price. MCRR MECHANICALS INCORPORATED d/b/a THE NEW C.W. FRITZ CO., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2075 Civil Term Plaintiff v. BARBARA GILBERT, : CIVIL ACTION .. LAW Defendant CERTIFICATE OF SERVICE I, Melanie L. Kirk, Secretary for the law firm of Cunningham & Chernicoff, P.C., hereby certify that on the r:? day of~, 2003, and pursuant to Rule 1005 Pa.R.C.P.DJ., a true and correct copy of the PlaintiWs Answer to Defendant's New Matter, was served by first-class U.S. Mail, postage prepaid, to: Ira H. Weinstock, Esquire, 800 North Second Street Suite 100 Harrisburg, P A 17102 CUNNINGHAM & CHEIjNICOFF, P.C. By:2!!~ 4--#L. Melanie L. Kirk 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 0 c:> C) C c...) ., s: ,- :.;-~ -u tT: c m n 1- 7~ Z --; 1"11 Z i I '- -.J 1;:J (j) J; -< r;; r' <: '"1' C} -rl ;,0' c:: :A ("') 2f' c:- Ol'n 5>,::.:: --;~ :y;! L_. ::<i 'D +' '< MCRR MECHAN1CALS INCORPORATED d/b/a THE NEW CW. FRITZ CO., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 03-2075 Civil Term Plaintiff v. BARBARA GILBERT, : CIVIL ACTION - LAW Defendant JOINT PRAECIPE TO ENTER JUDGMENT IN FAVOR OF PLAINTIFF Plaintiff, MCRR Mechanicals Incorporated, d/b/a The New C.W. Fritz Co., by and through its counsel, Cunningham & Chernicoff, P.c., and Defendant Barbara Gilbert, by and through her counsel, Ira H Weinstock, P.c., hereby jointly petition that judgment be entered in favor of Plaintiff, and against Defendant, in the amount of One Thousand Eight Hundred Dollars ($],800.00). F or the Plaintiff, MCRR MECHANICALS INCORPORATED d/b/a THE NEW c.w. FRITZ CO. For the Defendant, BARBARA GILBERT II~ u;J. u.J~' ~- Cunningham & Chemico , U Marc W. Witzig, Esquire Penna. Atty. Ident No 29929 2320 North Second Street P.O. Box 60457 Harrisburg, PA ] 7106-0457 Telephone: (7] 7) 238-6570 Authorized expressly for this purpose Date: r'It:t(J/ Z 8 , 2004 ~ IjU~ Ira H Weinstock, P.c. Ira H. Weinstock, Esquire Penna. Atty. Ident. No. 06]32 800 North Second Street Suite 100 Harrisburg, PA 17]02 Telephone: (7] 7) 238-]657 Authorized expressly for this purpose Date: 1- 2. ,- , 2004 ~R~ f =Ii. () ~ ~ 0 ~ ~ F V~t -c... () s.; T~~~.- " " ,...~- ._,. ::9 r;: '- ~;(-: ....-~.t-- ~c: z ~ ~ ~ ~ :i! : ~i I:o -0 Qo ::;: "-m '>? 8 U1 ~ -J -< ( MCRR MECHANICALS INCORPORA TED d/b/a THE NEW C.W. FRITZ CO., Plaintiff v. BARBARA GILBERT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2075 Civil Term : CIVIL ACTION - LAW PRAECIPE TO SATISFY AND WITHDRAW JUDGMENT TO THE PROTHONOTARY: Plaintiff, MCRR Mechanicals Incorporated d/b/a The New C,W. Fritz, Co., by and through its counsel, Cunningham & Chernicoff, P.C., hereby requests that the Judgment entered in the above captioned matter against Defendant, Barbara Gilbert, in the amount of $1 ,800.00, be marked as satisfied and withdrawn, Date: November 3,2006 By: 1. ,#2992 Kel M, ight, Esquire 1.D. #87365 2320 North Second Street P,O. Box 60457 Harrisburg, P A 17106-0457 Telephone: (717) 238-6570 Attorneys for Plaintiff ,P.C. . MCRR MECHANICALS INCORPORA TED d/b/a THE NEW C.W. FRITZ CO., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2075 Civil Term Plaintiff v. BARBARA GILBERT, : CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, a legal secretary with the law firm Cunningham & Chernicoff, P.c., hereby certify that on the 3rd day of November, 2006, a true and correct copy of the Praecipe to Satisfy and Withdraw Judgment was served by first-class U.S. Mail, postage prepaid, to: Ira H. Weinstock, Esquire Ira H. Weinstock, P.C, 800 North Second Street Suite 100 Harrisburg, P A 17102 CUNNINGHAM & CHERNICOFF, P.c. By:.. L Stacy A. S enberger 2320 North Second Street Harrisburg, P A 17110 C" 0 C,::. -1"1 .. " I cr' , -' -<:'-' 0.) .....t c" c:~q " .-- ...... ...-.---------