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HomeMy WebLinkAbout03-2305IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA Walter Williams and Janet Wilt-Williams Civil Action a/k/a Janet Wilt, : Plaintiffs No. 03 - 2360 V. Jury Trial Demanded Northern Construction Associates, And Harry L. Grossman, And Michael E. Garman Defendants 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 4 X PJX eith A. Noll, Esquire Maxwell Law Offices 92 West Main Street Waynesboro, PA 17268 Phone: (717) 762-2118 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA Walter Williams and Janet Wilt-Williams : a/k/a Janet Wilt, ; Plaintiffs V. Northern Construction Associates, And Harry L. Grossman, And Michael E. Garman Defendants COMPLAINT Civil Action No. 03 - 230'' 61.[ N>=r ryq Jury Trial Demanded Plaintiffs Walter Williams and Janet Wilt-Williams, a/k/a Janet Wilt, by and through their attorneys, Keith A. Noll, Esquire, and Maxwell Law Offices, state the following in support of this Complaint: 1. Plaintiffs are Walter Williams and Janet Wilt-Williams, a/k/a Janet Wilt, husband and wife, sui juris adults, residing at 540 Halyard Way, Enola, Cumberland County, Pennsylvania (hereinafter "Williams'l. 2. Defendant is Northern Construction Associates, a non-registered partnership existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business at 518 Bridge Street, New Cumberland, Pennsylvania (hereinafter "Northern Construction`j. 3. Defendant is Harry L. Grossman, one of the partners in Northern Construction, who has a business address of 518 Bridge Street, New Cumberland, Pennsylvania (hereinafter "Grossman'l. 4. Defendant is Michael E. Garman, one of the partners in Northern Construction, who has a business address of 518 Bridge Street, New Cumberland, Pennsylvania (hereinafter 'Garman'j. 5. At all times pertinent to this matter, Grossman was permitted to execute and enter into contracts on behalf of Northern Construction and all of the partners involved in Northern Construction. 6. On August 10, 1999, the Williams' entered into a construction agreement with Northern Construction for the construction of a new residence at 540 Halyard Way, Enola, Pennsylvania. A true and correct copy of the construction agreement (hereinafter "Contract') is attached as Exhibit "A". 7. The Contractor also included a one-year warranty within the Contract. A copy of the warranty (hereinafter `Warranty') is attached as Exhibit "B". 8. The price for the work to be completed under the Contract was Two Hundred Twenty Six Thousand Four Hundred Eighteen ($226,418.00) Dollars. 9. The Williams' have paid in full all consideration due under the terms of the Contract. COUNT I - BREACH OF CONTRACT 10. Paragraphs i through 9 are incorporated by reference. 11. Defendants have failed to complete the terms of the Contract in that Defendants have failed to: a. complete construction of a second floor porch by failing to install a finished floor, failing to supply and connect the drainage pipe, failing to connect baseboards, failing to encase boards in aluminum, failing to finish the wood used in the construction of the porch, and failing to install trim boards; b. installing defective molding around two indoor balconies and failing to repair and/or replace the defective molding; C. complete the wiring and installation of an indoor sound system; d. paint the front door the proper color; e. finish running a propane gas line to an indoor porch and installing a quick connect to the end of the gas line; f. install the agreed upon color of sinks in the garage loft and second floor guest room; g. install a covered walkway on the rear of the residence; h. properly install a dry stack faux stone base on the house, and two dry stack faux stone light posts at the bottom of the driveway leading to the residence; i. purchase and install a decorative tree on the property; j. replace damaged siding around window, and re-caulk and re-paint affected areas; k. complete the final grading a seeding of the premises; and 1. bat the unfinished basement walls of the residence with R11 insulation and install drywall in the basement. 12. Defendants also permitted their employees, agents, and subcontractors to place their materials, equipment, and tools on a jacuzzi and the kitchen countertops, causing various scratches and blemishes which have not been repaired. 13. Defendants failed to properly install a shelving system in the master bedroom closet and in the kitchen closet. 14. Defendants failed to complete the construction of the residence within the one hundred eighty (180) days required by the Contract. 15. As a result of these various breaches, the Williams' were required to expend additional sums to pay for heating of the residence. 16. The Williams' also lost Three Thousand Five Hundred Seventy-Five ($3,575.00) Dollars in rental income due to the delay in completion of the construction of the residence. 17. As a result of these various breaches of the Contract, the Williams' have spent, lost, or will be required to spend, more than Fifteen Thousand ($15,000.00) to remedy the breaches. WHEREFORE, Plaintiffs Walter Williams and Janet Wilt-Williams, a/k/a Janet Wilt, request that this Honorable Court enter judgment against the Defendants Northern Construction Associates, Harry L. Grossman, and Michael E. Garman, in the amount in excess of Fifteen Thousand ($15,000.00) Dollars, plus costs of suit. COUNT II - UNFAIR TRADES AND CONSUMER PROTECTION LAW 18. Paragraphs 1 through 17 are incorporated by reference. 19. The Warranty prepared by the Defendants and given to the Williams' are intended to specify the minimum performance standards for the construction of the residence. 20. The performance standards are an express statement of the expected quality of the services provided by the Defendants. 21. The services provided by the Defendants did not comply with the express statements contained within the Warranty. WHEREFORE, Plaintiffs Walter Williams and Janet Wilt-Williams, a/k/a Janet Wilt, request that this Honorable Court enter judgment against the Defendants Northern Construction Associates, Harry L. Grossman, and Michael E. Garman, pursuant to 73 Pa. C.S.A. 201.1 etseq. in the amount in excess of Fifteen Thousand ($15,000.00) Dollars, plus treble damages, attorney fees, and costs of suit. Respectfully Submitted: Date: By: Keit A. Noll, Esquire Pa. Sup. Ct. ID No. 81968 Maxwell Law Offices 92 West Main Street Waynesboro, PA 17268 Phone: (717) 762-2118 Attorney for Plaintiffs Walter Williams and Janet Wilt- Williams a/k/a Janet Wilt Northern Construction Associates Riverbend Lot 2 - new home construction Specifications Foundation: • Superior Walls high density 5000 PSI pre formed concrete walls, warranted for 10 years against water penetration • Clean crushed stone base of 4 - 6 inches • 6 mil poly vapor barrier • 4"-6" 3000 PSI concrete slab floor • Foundation perimeter drain to daylight • Radon pipe installed and ready to be hooked to remediation system if necessary • 4" 3000 PSI concrete slab in garage and exterior porches Framing and structural material • Steel load bearing beam(s) supported by 3" steel columns in basement per code • TJI floor system • 2" x 4" exterior walls 16" on center with double top plates and single bottom plate • 2" x 4" center bearing wall(s) 16" on center on first floor • 2" x 4" interior walls 16" on center with double top plates and single bottom plate • Roof trusses per plan 24" on center with 12" overhangs • %" tongue and groove OSB flooring nailed and glued to floor joists • 7/16" OSB roof sheathing with H clips • 7/16" OSB exterior sheathing with %" R board at corners, 1" r board elsewhere • 25 year Tamko Architectural or equivalent asphalt roofing shingles over 15# felt with aluminum coil and weather guard underlayment in valleys • Sill sealer on top of foundation • 2" x 6" pressure treated sill plates Insulation • Ceiling blown R38 value fiberglass • Exterior walls batting R13 value fiberglass • Foundation walls Styrofoam R5 value • Foundation walls batted with RI I over Styrofoam • Bandboard batting R19 value fiberglass • Bathrooms batting RI I sound suppressive fiberglass H'Indows and Doors • Andersen vinyl clad windows, as per plan • Therma-Tru insulated fiberglass exterior doors, as per plan • (1)9'x 7' and (1) 16' x 7' insulated raised panel garage doors A Northern Construction Associates Electrical and Heating • 200 Amp main-el-ectrical panel-with breakers installed in basement or garage • 92% plus efficiency heat pump with air conditioning • All wiring done in compliance with local building codes • Direct wired smoke detectors • Front and rear exterior ground fault interrupt circuits 8_T_V cable outlets per customer locations • 8 hone 'asks as ? ?. per customer locations • Lights at all exterior doors e Microwave receptacle • Lights to be picked by owner, covered under allowances • Vented fanlights in all bathrooms Plumbing and Bathrooms • Copper pipe or PVC water line as per code • 3/e" main water line • PVC drain lines • Shut off valves on plumbing fixtures • Stainless steel double bowl sink in kitchen with single lever faucet with spray hose, unless otherwise specified • 60 gallon electric hot water heater • Washer and dryer connection • Front and rear frost free exterior hose bibs • One piece Aquaglass or equivalent fiberglass tub/shower units white or bone color • Faucets to Moen Chateau series or equivalent • Master bath has Jacuzzi • American Standard or better China water saver type toilets white or bone color • Towel bars, paper holders and faucets in all bathrooms to be chrome • Cultured marble vanity tops with integrated bowls • Exhaust fans vented to exterior in all bathrooms • Mirrors above all vanities Kitchen and Cabinets • As per plan, covered under allowance to include; cabinets, vanities, marble tops,, kitchen sink and kitchen faucet Interior • '/z" drywall fastened and glued ready for paint • Ceiling and walls painted with flat paint, color chosen by owner • Raised panel solid doors painted with low luster paint • Painted colonial trim and door jambs • Brass door handles and hardware, Schlage make • Wall to wall carpet with pad, per allowance 7 Northern Construction Associates • Ceramic the with underlayment in foyer, kitchen, and all bathrooms (picked by owner) • Steps 10" min. tread 7 %2" rise min. with oak treads and oak handrails • Gas fireplace per plan Exterior • Front accent Cultured stone • ABTCo. Fibercement siding • Fibercement fascia • Fibercement soffit with continues vent • Seamless aluminum gutter and downspouts with run off Continuous ridge vent on roof ?lin on g porch, exterior passage door and posts to be painted with exterior semi- oss paint • Porch ceiling to be vinyl soffrit • Garage to be drywall with partition walls to house 5/8" fire rated drywall Miscellaneous • Final grading and seeding included in Landscaping allowance • Concrete walkway-from frontAoor to driveway • Building permits and all fees included • Build as per plan and specs 3 Northern Construction Associates Allowances • Plumbing fixtures $2,600 • Well pump $750 • Electrical fixtures $2 000 • Cabinets and vanities , $7 500 • Carpet and Vinyl , $4,000 • Ceramic Tile $5 000 • Ceramic tile whirlpool , $1 750 and shower , • Appliances $2 500 • Driveway and stone , $2 000 • Landscaping , $500 • Front door - $2,000 WITNESS AS TO OWNER: DATE: YPZ Y 0 OWNE GL {SEAL) WITNESS AS TO CONTRACTOR: DA g1 ° /ff CONTRACTOR: r (SEAL) TITLE t???_ d Page 1 of 7 Construction Agreement This agreement made this 100s day of August, 1999, by and between Walter F. Williams and Janet L. Wilt, hereinafter referred to as the owner. AND Northern Construction Associates, a partnership existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business at 518 Bridge St., New Cumberland, PA 17070, hereinafter referred to as the Contractor. WiTNESSETf1, that the parties hereto, agree, as follows: 1. Price; Payment: The Owner agrees to pay the Contractor for the performance of the work herein set forth the sum of $226,418 as follows: Construction Draw Schedule First Draw -15% $33,962.70 Excavated, footers, foundation walls Second Draw - 27.5% $62,264.95 Studding, floor joists and sub-floor, partitions framed, ceiling joists, rafters/trusses, roof sheathing, underlayment and shingles, sheathing, windows and exterior doors, structure secured. Third Draw - 27.5% $62,264.95 Basement concreted, rough wiring, rough plumbing and heating, furnace set in place, insulation installed, drywall/plaster completed. Fourth Draw - 20% $45,283.60 Masonry/siding, fireplacetchimney, septic tank, drain/field/sewer, water supply connected, kitchen units installed, interior trim and painting completed. Fifth Draw -10% $22,641.80 ' All construction completed, exterior painting and caulking, grading/seeding, driveway service walks, porches/decks, appliances installed, finished floors. The Contractor is authorized to adjust the above schedule of payments in accordance with financing requirements of Owner's lender. Payment's are due no later than 15 days after Contractor's request for each draw, but subject to lenders draw inspection and approval. A late charge of $25 per day will be paid to Contractor by Owner for each additional day thereafter, until paid. OR/i 1 /44 Page 2 of 7 2. Direct Payment by Lender: The parties hereto agree that all payments due the Contractor for work done and materials furnished shall be made directly to the Contractor by the Mortgagee, if any, without the joinder of the Owner and the Owner herein authorizes and directs the Mortgagee to make payments pursuant to the payment schedule directly to the Contractor. 3. Location: The Contractor shall erect and build a single family home on premise of the Owner situated or described as follows: Lot 2 Riverbend, East Pennsboro Township PA 4. Time for Completion: The work to be performed by the Contractor shall be substantially completed within 180 days of commencement of construction, except as otherwise provided herein. 5. Plans Included in Agreement: The aforesaid building shall be erected in substantial accordance with the final floor plans, specifications, worksheets, and purchase or change orders, which shall be duly executed and which are made a part of this Agreement and which are hereafter called "Agreement." Building elevation views are approximate and may not be built exactly to plan. Contractor shall furnish all materials and perform all the work as required to complete the building in accordance with this agreement, except that work and material to be performed and furnished by the Owner as provided herein. 6. Siting of Building; Excavation: The Contractor will at its own cost stake out the foundation on the Owner's lot using Contractor's judgment as to the house placement and elevation, coordinating with Owner on same. Contractor will excavate and erect the foundation, machine backfill the foundation with materials excavated upon the premises and complete the structure in accordance with the Agreement. Owner agrees, that in the event additional back-fill or topsoil is required by Owner, that it will be promptly supplied at Owner's cost. 7. Unusual Conditions: a.) In the event that the Contractor encounters any unusual conditions during the course of construction, such as solid or machine rock, quicksand, sinkholes, water, springs and the unusual condition requires any other work which, in the opinion of the Contractor is considered to be unusual, such as removal of rock by blasting or drilling or by their special excavation, or the installation of special footings, sub-base, foundation walls or drain tiles, the Contractor shall be compensated additionally by Owner for such work and materials provided at Contractor's usual rates and charges. nit/I 1 io4 Page 3 of 7 b.) Upon discovery of the unusual condition, Contractor shall promptly give Owner written notice thereof. Owner shall have the option of agreeing to Contractor performing the extra work or of terminating this Contract. Owner shall give the Contractor written notice of his election within ten (10) days of Owner's receipt of the Contractor's notice. If Owner elects to terminate this Agreement, Owner shall pay to the Contractor the actual cost of materials and labor performed and furnished by Contractor to the date of the Contractor's notice to the Owner, plus an additional twenty five (25%) percent. The Contractor shall apply any advances made by the Owner to such payment due from the Owner upon termination as aforesaid and shall refund the excess, if any. Upon termination as aforesaid, Owner does hereby remise and release Contractor from any claim whatsoever arising out of this Agreement. If the Owner fails to reply in writing with ten (10) days to the Contractor's notice, the Contractor, may, at its option, elect to treat this agreement as terminated and Owner shall be liable for the payments upon termination as set forth hereinabove. Contractor shall give Owner written notice of said election. c.) In the event that additional concrete is required for deeper footers than are herein provided because of site conditions, Owner hereby authorizes Contractor to supply and install the additional concrete and Owner agrees to compensate Contractor for the cost of such additional concrete. 8. Excused Delays: The Contractors shall not be liable for any delay in the prosecution or completion of the work caused by the act, neglect, default of the Owner, or as a result of changes or alterations in the plans and specifications made by the Owner, or by damage or fire, earthquake or other casualty for which the Contractor is not responsible, or by strike, walk-outs or any other acts of employees or suppliers of labor or materials, over which the Contractors has no control or for which the Contractor is not responsible. In any such event the time herein fixed for the completion of the work shall be extended for a period equivalent to the time lost by any reason of any of the causes aforesaid. Provided, however, that non-performance is caused by an order of any court or other public authority, by any governmental control, regulations, restrictions or allocations or labor, supplies and materials instituted by the state or municipal or governmental agency for any reason whatsoever. 9.- Permits; Utilities: The Owner hereby authorizes and appoints Contractor to obtain at the Contractors expense, all necessary permits or authorizations from all municipal or governmental bureaus and departments or utilities which may be required _Tor the_construction or occupancy_of said-dwd ing house, and to that end, authorize the Contractor to execute their names to any applications for such permits or authorizations. The Owner shall provide and pay for electric, water, sewer and heating fuel or energy to be used during the course of construction. nR/1 1 /oo Page 4 of 7 10. Work by Owner: In the event that the Owner desires or may be required to provide labor and materials not included in this Agreement, he shall not do so without the prior written approval of the Contractor and shall do so only in such manner as to not delay the material progress of the Contractor's work. Owner further agrees to not interfere with the material progress of the work. In the event that the Owner does not promptly complete the work he is obligated to do hereunder, Contractor may complete same and Owner shall pay Contractor's cost plus twenty five (25%) percent. Should the Owner, in sole opinion of Contractor, interfere with the construction or fail to make scheduled payments when requested, Contractor may consider such failure a breach of this Agreement and that breach will excuse Contractor from further performance and Contractor shall receive all sums due hereunder, including profit lost. 11. Insurance; Risk of Loss: The Owner shall during the progress of the work maintain insurance on the same against loss or damage by fire, as well as insurance to protect the Contractor against any losses, claims, actions or suits either at law or equity for injury to persons or damages to property, the policies to cover all work incorporated in the building, and all materials for the same in or about the premises, and to be made payable to the parties hereto, as their interest may appear. Owner does hereby agree to be responsible for any theft, malicious mischief and vandalism- upon the structure during the course of said construction and upon all materials in or adjacent to the structure intended for use thereon. Owner does further agree that the risk of loss of any work or materials performed or furnished under the terms of this Agreement through fire, vandalism, theft, malicious or any other hazard shall be upon Owner. 12. Stipulation Against Liens: Contemporaneously with the signing of this Agreement, the Contractor shall execute a proper stipulation against any and all mechanics' liens, which stipulation shall be recorded at the Prothonotary's Office prior to construction. 13. Additonal Costs; Code Compliance, Taxes: In the event that any municipal or governmental entity requires any item or tax not specifically included in this Agreement such as cost shall be that of the Owner. 14. Substitution of Materials: In the event that the Contractor is unable to obtairi-the-exact-mater'rats-specified-on-the-plans- and- -specifications-or on the options attached -hereto, through the--Contractor's ordinary and usual sources of supply, the Contractor shall have the right to substitute materials of similar pattern, design and quality. OR/11 /4q Page 5 of 7 15. Owner's Warranties: Owner covenants, represents and warrants that he is the Owner of record of the aforesaid premises; that there is no unrecorded deeds; that the title is good, marketable and insurable by any reputable title company; that a perpetual right of way exists to the premises; that the said premises is free of any encumbrances, liens, easements, etc.; that there are no actions, cause of actions, or claims which might at a later date impair the title. The Owner shall, at his expense, forthwith remedy any breach or violation hereof which may exist or arise at any time. The Owner and warranty, herein contained, is severally of the essence of this Agreement and the breach or violation of any one shall execute performance by the Contractor. 16. Inspection; Occupancy; Contractor shall at any reasonable time permit Owner to inspect said construction and buildings but Owner shall not be entitled to keys or possession of the building prior to payment of all sums due under this Agreement. IN NO EVENT SHALL OWNER OCCUPY OR TAKE POSSESSION BEFORE FINAL PAYMENT HAS BEEN MADE AND/OR THE CONSENT OF CONTRACTOR, WHICH CONSENT SHALL BE ENDORSED ON THIS CONTRACT. IN THE EVENT OWNER BREACHES THIS PROVISION HE SHALL BE DEEMED TO HAVE ACCEPTED THE HOME "AS IS" AND DOES THEREBY WAIVE ANY CLAIMS AGAINST CONTRACTOR. A breach of this provision by the Owner, shall be considered a breach of the contract by the Owner and shall entitle the Contractor to stop work or terminate this contract and recover from the Owner payment for all work executed and any loss sustained at reasonable profit and damages. 17. Entire Agreement; Changes: It is understood and agreed that the entire Agreement of the parties is contained in this Construction Agreement, plans and specifications. The parties warrant that there exists no other agreements, written or oral pertaining to this transaction. ANY OTHER WRITTEN AGREEMENTS REQUIRED BY A FINANCIAL INSTITUTION HEREAFTER SHALL BE SUPPLEMENTARY HERETO. No changes will be made in the plans and specifications unless a work- change order has been prepared in writing, signed by the Contractor and Owner, specifically stating the details of the change in construction and the additional cost thereof or credit to be allowed against the contract price of construction. Contractor reserves the right to refuse to approve changes which result in a substantial alteration of the plans and specifications. - - Page 6 of 7 18. Confession of Judgment: The Owner does hereby authorize and empower any attorney of any Court of Records of Pennsylvania or elsewhere to appear for and to enter judgment against the Owner, at any time after the date hereof and with or without a declaration, in favor of the Contractor, its successors or assigns, in the total amount of the contract price set forth in paragraph 1 above, which judgment shall be security for and may be enforced to collect any sum which may be due and payable by the Owner under the terms of this Agreement and any supplement or amendment thereto by the Owner, with -interest,- costs--of suit, a-fullrelease of all attorney's fee, and the Owner does hereby waive and release all benefit and advantage of any and all appraisement, stay, or exemption laws of any state now in force or hereafter to be passed. AT THE TIME OF THE SIGNING OF THIS AGREEMENT, CONTAINING THE PROVISIONS FOR JUDGMENT BY CONFESSION THE OWNERS, DO HEREBY STATE, THAT THEY HAVE EARNINGS IN EXCESS OF $10,000 ANNUALLY. 19. Owner's Duty to Report Defects: Owner agrees to exercise reasonable diligence in ascertaining and reporting to Contractor, as work under this Agreement progresses, any defects, deviations or deficiency in performance or material. The failure of Owner to so ascertain and inform Contractor, shall be considered a waiver of any claim by Owner thereafter for said defect, deficiency or deviation. Owner agrees, that -any progress shall be deemed in full and complete acceptance of said work performed by Contractor up to the time of said payment, except for those defects, deficiencies or deviations which Owner has advised Contractor of in writing as herein set forth. 20. Notice of Completion; Final Inspection: a.) Except as set forth herein above, the dwelling shall be considered completed when it has been constructed in substantial conformance with the plans and specifications herein above mentioned, or if required, when a certificate of occupancy has been issued or when said dwelling house has passed final inspection by the municipal, borough or township building inspector, or lending institution. Upon completion of performance of this Agreement, Contractor shall within five (5) days thereafter, give Owner notice of said completion and Owner shall thereafter, within five (5) days of said notice by Contractor, inspect the premises with a representative of Contractor and advise Contractor, in writing of any defects, deficiencies or deviations in -material or labor.-- -- ---- - --- - - - - -------- - b.) Failure of Owner to: 1) Inspect; and 2) Give notice as aforesaid; and 3) Enumerate said defects, shall be deemed a waiver of any claim thereafter by Owner of said defect, deficiency or deviation and Owner does hereby release Contractor from any claim arising therefrom. 21. Warranty; Procedure: See attached warranty documentation. nc„ , ron Page 7 of 7 22. Unused Materials: It is understood and agreed that the Owner shall not be entitled to any material, which has not been incorporated into the construction, except where he has specifically paid for such material under the special provisions of this Agreement relating to payment specifically of costs of materials. 23. Binding Effect: This Agreement shall be binding upon the parties, their heirs,-executors,-administrators, successors and assigns. 24. Agreement Not Assignable: This Agreement shall not be assigned by Owner. 25. Notices: All notices hereunder, to Contractor shall be sent to Contractor at 518 Bridge St., New Cumberland, PA 17070 or such other address as Contractor may by written notification advise Owner. Notice to Owner shall be sent to Owner at , or such other address as Owner may by written notification advise Contractor. IN WITNESS WHEREOF, the parties hereto, . intend to be legally bound hereby, have hereunder set their hands and seals the day and year first above written. WITNESS AS TO OWNER: DATE: WITNESS AS TO OWNER: DATE: NVIK: 01 -J"(sEAL) OWNER: WITNESS AS TO CONTRACTOR: i DATE: CONTRACTOR: (SE TITLE ??,,,? SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02305 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAMS WALTER ET AL VS NORTHERN CONSTRUCTION ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT NORTHERN CONSTRUCTION ASSOCIATES but was unable to locate Them in his bailiwick COMPLAINT & NOTICE , He therefore returns the NOT FOUND , as to the within named DEFENDANT ASSOCIATES , 518 BRIDGE STREET NEW CUMBERLAND, PA 17070 , NORTHERN CONSTRUCTION PER POST OFFICE, DEFENDANTS MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 18.00 Service 11.73 Not Found 5.00 Surcharge 10.00 .00 44.73 So answers; - R. Thomas Kline Sheriff of Cumberland County KEITH A. NOLL 06/05/2003 Sworn and subscribed to before me this day of 9 ,2 v0_3 A.D. Pro onotary ' SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02305 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAMS WALTER ET AL VS NORTHERN CONSTRUCTION ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GROSSMAN HARRY L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT GROSSMAN HARRY L 518 BRIDGE STREET NEW CUMBERLAND, PA 17070 PER POST OFFICE, DEFENDANTS MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers: Docketing 6.00 Service .00 Not Found 5.00 R, omas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 KEITH A. NOLL 06/05/2003 Sworn and subscribed to before me this Id #? day of 4?- 1200-3 A. D. Q. /VL?'XC? A?j?] Pr t onotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02305 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAMS WALTER ET AL VS NORTHERN CONSTRUCTION ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GARMAN MICHAEL E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT 518 BRIDGE STREET NEW CUMBERLAND, PA 17070 , GARMAN MICHAEL E PER POST OFFICE, DEFENDANTS MOVED AND LFET NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers: i R. Thomas Kline Sheriff of Cumberland County KEITH A. NOLL 06/05/2003 Sworn and subscribed to before me this 102 ? day of 02oZZ3 A.D. P thonotary WALTER WILLIAMS AND * IN THE COURT OF COMMON PLEAS JANET WILT-WILLIAMS * NINTH JUDICIAL DISTRICT OF PENNSYLVANIA a/k/a JANET WILT, Plaintiff * Vs. NO. 03-2305 CIVIL TERM * NORTHERN CONSTRUCTION ASSOCIATES, HARRY L. GROSSMAN AND * JURY TRIAL DEMANDED MICHAEL E. GARMAN, Defendants NOTICE TO PLEAD To: Walter Williams and Janet Wilt-Williams, a/k/a Janet Wilt C/o Keith A. Noll, Esquire Maxwell Law Offices 92 West Main Street Waynesboro, PA 17268 You are hereby notified to plead to the enclosed New Matter within twenty (2o) days from service hereof or a default judgment may be entered against you. 4FOREM FOREMA ,PC By O SQUIRE Fron St Harrisburg, PA 17110 (717) 236-9391 ID #21193 Attorney for Defendants WALTER WILLIAMS AND JANET WILT-WILLIAMS a/k/a JANET WILT, Plaintiff Vs. NORTHERN CONSTRUCTION ASSOCIATES, HARRY L. GROSSMAN AND MICHAEL E. GARMAN, Defendants * IN THE COURT OF COMMON PLEAS * NINTH JUDICIAL DISTRICT OF PENNSYLVANIA * * NO. 03-2305 CIVIL TERM * JURY TRIAL DEMANDED * * DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes the Defendants, Northern Construction Associates and Harry L. Grossman and Michael E. Garman, by and through their attorneys, Foreman & Foreman, PC, and Bruce D. Foreman, Esquire, and state the following in support of this complaint: r. Admitted. 2. Admitted. 3. Admitted. q. Admitted. 5. Admitted. 6. Admitted; by way of further response, the said contract was thereafter amended and modified by change orders or modifications as set forth in New Matter.. 7. Admitted. 8. Admitted; by way of further response, the price as set forth in the contract was amended or modified by subsequent change orders or modifications as set forth in New Matters. 9. Denied; if relevant, strict proof thereof is demanded at trial. to. Paragraphs t through 9, inclusive of Defendants' Answer to Plaintiffs' Complaint are incorporated by reference as if fully set forth. 11. To the extent that the averments so paragraph 11 of Plaintiffs' Complaint are not legal conclusions and requires response, the same are denied and strict proof to the contrary demanded at trial. 12. Denied; to the contrary, it is denied that Defendants permitted their employees, agents, and subcontractors to place their materials, equipment and tools on a Jacuzzi and countertops and, further, it is denied that various scratches and blemishes were thereby made on the Jacuzzi and countertops; to the extent that there are any remaining averments of paragraph 12 of Plaintiffs' Complaint, the same are denied and, if relevant, strict proof thereof is demanded at trial. Any averments of agency set forth in paragraph 12 of Plaintiffs' complaint are specifically denied. 13. Denied and, to the contrary, if relevant, strict proof thereof is demanded at trial. 14. To the extent that paragraph 14 of Plaintiffs' Complaint is not a legal conclusion and requires response, the same is denied and, to the contrary, if relevant, strict proof thereof is demanded at trial. 15. To the extent that paragraph 15 of Plaintiffs' Complaint is not a legal conclusion and requires response, the same is denied and, to the contrary, if relevant, strict proof thereof is demanded at trial. 16. To the extent that paragraph 16 of Plaintiffs' Complaint is not a legal conclusion and requires response, the same is denied and, to the contrary, if relevant, strict proof thereof is demanded at trial. 17. To the extent that paragraph 17 of Plaintiffs' Complaint is not a legal conclusion and requires response, the same is denied and, to the contrary, if relevant, strict proof thereof is demanded at trial. 18. Defendants answers to paragraphs 1 through 17, inclusive, are incorporated herein by reference. 19. To the extent that paragraph 19 of Plaintiffs Complaint are not a legal conclusion and require response, the same is denied and, if relevant, strict proof thereof is demanded at trial. 20. The extent that paragraph 20 of Plaintiffs Complaint are not a legal conclusion and require response, the same is denied and, if relevant, strict proof thereof is demanded at trial. 21. The extent that paragraph 21 of Plaintiffs Complaint are not a legal conclusion and require response, the same is denied and, if relevant, strict proof thereof is demanded at trial. WHEREFORE, Defendants respectfully request that Plaintiffs Complaint be dismissed with costs taxed against Plaintiffs. COUNTERCLAIM 22. Defendants incorporate paragraphs 1 through 21 inclusive of their answer to Plaintiffs' Complaint and Counterclaim as fully as set forth. 23. Various change orders and modifications were agreed to by the parties. A true and correct copy of the said modifications and change orders are attached hereto, labeled Exhibit "A" and made a part hereof. 24. As a result of the modifications and change orders identified hereinabove, the total price to be paid from Plaintiffs to Defendants increased by Twenty Six Thousand Eight Hundred Four and 16/loo ($26,804.16) Dollars. 25. Draw four (4) under the construction schedule of Plaintiffs' construction lender was to be in the amount of Fifty Nine Thousand Four Hundred Thirty and 75/100 ($59,430.75 ) Dollars, but Plaintiffs only authorized a draw of Fifty Eight Thousand Eighty and 75/100 ($58,o80.75) Dollars or One Thousand Three Hundred Fifty and oo/loo ($1,350.oo) Dollars short of that authorized. 26. The short payment on draw number four (4) in the amount of One Thousand Three Hundred Fifty and 00/100 ($1,350.oo) Dollars together with the change order and modification increases of Twenty Six Thousand Eight Hundred Four and 16/loo ($26,804.16) Dollars or payments less than contracted for in the amount of Twenty Eight Thousand One Hundred Fifty Four and 16/loo ($28,154.16) Dollars. 27. Plaintiffs' breached their contract with Defendants by failing to make payments as required. WHEREFORE, Defendants demand judgment against Plaintiffs in the amount of Twenty Eight Thousand One Hundred Fifty Four and 16/loo ($28,1506) Dollars, plus interest and court cots, which amount is within the limits of arbitration as set by Rule of Court. NEW MATTER 28. Defendants incorporate paragraphs 1 through 27 inclusive of their answer to Plaintiffs' Complaint as fully as set forth. 29. With regard to Plaintiffs' Complaint, Defendants assert the defense of Waiver. 30. With regard to Plaintiffs' Complaint, Defendants assert the defense of Statute of Frauds. 31. With regard to Plaintiffs' Complaint, Defendants assert: the defense of Statute of Limitations. 32. With regard to Plaintiffs' Complaint, Defendants assert the defense of Settlement. 33• With regard to Plaintiffs' Complaint, Defendants assert the defense of Release. 34• With regard to Plaintiffs' Complaint, Defendants assert the defense of Satisfaction. 35• With regard to Plaintiffs' Complaint, Defendants assert the defense of Estoppel. 36. With regard to Plaintiffs' Complaint, Defendants assert that all complaints under the contract had to be filed within the time limits and in the manner set forth in the contract which was not done and which eliminates the claims thereunder. 37. With regard to Plaintiffs' Complaint, Defendants assert that all complaints under the warranty had to be filed within the time limits and in the manner set forth in the warranty which was not done and which eliminates the claims thereunder. WHEREFORE, Defendants demand judgment against Plaintiffs in the amount of Twenty Eight Thousand One Hundred Fifty Four and 16/100 ($28,154.16) Dollars, plus interest and court cots, which amount is within the limits of arbitration as set by Rule of Court. Respectfully submitted, FOREMAN FKOREMA$, P By • B C MA SQUIRE 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 ID #21193 Attorney for Defendants WALTER WILLIAMS AND * IN THE COURT OF COMMON PLEAS JANET WILT-WILLIAMS * NINTH JUDICIAL DISTRICT OF PENNSYLVANIA a/k/a JANET WILT, Plaintiff Vs. * NO. 03-2305 CIVIL TERM * NORTHERN CONSTRUCTION ASSOCIATES, * HARRY L. GROSSMAN AND * JURY TRIAL DEMANDED MICHAEL E. GARMAN, Defendants VERIFICATION I verify that the statements made in foregoing Answer are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. NORTHERN CONSTRUCTION ASSOCIATES Date: ? A:5 '2003 Date: _ t a 4 /6 :'2003 Date: o 2003 ?s?T By: TA H ry L. Grossman Michael E. Garman EXHIBIT "A" OCT, -21' 991TNU) 1318 1ST UNITED MORTGAGE Northern Constfaotlon 51 S Bridge St. New Cumberland, PA 717 774 8130 r chaste the asigma, contract amt try: TEL:1 717 161 2767 P.009 CILauge Order Date: 08123/1999 owmcr: wadtu w1wams & Iona wdr project no: 17 Change order no. t t0 at $ 111.305.00 payment to be made as follows: b"zo em OpII ?""` A? ;;;;I wk to Woo, to fanmb labor k MU be arco?+maa'rae smoc randidons Co s pga?atc in aocardan? 000" „d r s o atlpulaad. ma,?y.? ?y uoo5 at ato+C swan Prim., as i .e , _ a rs_s 7. 'Co" C°o°°` F with the original Contract. order becomes pert of and in aoeordancn Note: This change Sb:£T £0, £2 inr z020d 6Z2 N3MOIJ jinHS SIQIUS 9849-£4Z-LTL Change Order Northern Construction 518 Bridge St. New Cumberland Date: fL,5 - 07oo 0 Owner: t?/l:a.„ s /i?; it* Project no: /8- WwAA wd ,44*4*Z agree to fiunish labor & materials complete in accordance r the above specifications at above stated price. Contractor wve additional work to be performed under the same conditions specified in on al contract unless otherwise stipulated. A Note: This change order becomes part of and in accordance with the original contract. 774-8130 Change order no: Co*I Northem Construction 518 Bridge St. New Cumberland 774-8130 Change Order Date: 7'?i -.??JDo Owner: l?illoii+ts c%{? f Project no: ifs IPva*,w* .t /e?"'Z Change order no: CO.WZ, Code : Price: Initials allowance Z &ao actual cost It. C°t/ i':A-cr 3D?•/ 6 !t U." 2 ' l Change the original contract amount by: Payment to be made as follows: Payi $ 3-5,c in full at time of chance order agree to furnish labor & materials complete in accordance Above additional work to be performed under the same conditions i the above specifications at above stated price. as specified in original contract unless otherwise stipulated. 3enetal Contractor Date lowner Note: This change order becomes part of and in accordance with the original contract. Change Order Northern Construction 518 Bridge St. New Cumberland 774-8130 Date: Auk 2 5 -y z? Owner. ,/?,o?»rS Lf- Project no: /B - Change order no: 3 ...... ::< :.... :.?yr:?dekte):ifie.follt?wua w!or1[:f?ahe::.:.? : :>:?:??:?>:::>:?:;: Itm: Code : Price ALL Z / L.. *6. nA. nal Mn*"rt Arn/Am* hV: $ 42 .96,1`2- Payment to be made as follows: Payment in full at time of change order agree to furnish labor & materials oomplete in accordance Above additional wok to be performed under the same conditions i the above specifications at above stated price . las specified in original contrail unless otherwise stipulated Note: This change order becomes part of and in accordance with the original contract. Change Order Northern Construction 518 Bridge St. New Cumberland 774-8130 Date: Owner 1J;???avNs /l?l,Lf Project no: l $ -R,va:i3w,d l ,'?2 Change order no: '. adgr_1eli4j 46c fol .......................... ... . Iteo: Coat : Price: Initlala .? vicer o L I ?+ GElliryv?" i IM eQ. ?% ?- S /r19 S SY. ,lam Esr I c I •?r G EPilrvrZ - z? i L7 2-1 - ?ryo6?it2_ - / 7-5o I o? CfJ,e V ,vL ? NFU o0 1 ? ,S?ov c?ooD = O t?;7`i It' Sys L 101750 --? / ?v 3 `l ?l Change the original contract amount by: $ SY7 Payment to be made as follows: Payment in full at time of change order agree to furnish labor & materials complete in accordance t the above specifications at above stated price. Contractor Date Date love additional work to be performed under the same conditions specified in original contract unless otherwise stipulated Note: This change order becomes part of and in accordance with the original contract. Northern Construction 518 Bridge St. New Cumberland 774-8130 Change Order Date: A ?'POO Owner r3r , G / L. f Project no: It'Lu1 .? Change order no: Payment to be made as follows: Payment in NO at time of change order agree to furnish labor & materials complete in accordance Above additional work to be performed under the same conditions r the above specifications at above stated price. as specifwd in original contra[ unless otherwise stipulated kneral Contractor Date owner Date Note: This change order becomes part of and in accordance with the original contract. Change Order Northern Construction 518 Bridge St. New Cumberland 774-8130 Date: Owner. Project no: I e P, Change order no: '' (CJ Itea: Code : Price: Initials ? • ? 2 .G cE? (1?.a .v a. Xw arc WIIWnM cvuaracc amuu L "y; .1 Ea Ca Z.,, I Payment to be made as follows: Payment in full at time of change order agree to furnish labor & materials cmaplete in accordame Above additional wmk. to be performed under the same conditions u the above specifications at above stated price. as specified m original contract unless otherwise stipulated. Note: This change order becomes part of and in accordance with the original contract. ° Change Order 4X,4 Northern Construction Date: /o - 2 7- oo Owner c+l:?l;ay.. s?N?l t 518 Bridge St. New Cumberland Project no: y1/B /P vk? ??"Z 774-8130 Change order no: # 7. Coo: MOM bNab K ow?R ?i9u off' .L. A? o :. 7A/ c;71 7, 00 9 a??? Losf? o??c ?11v !to/o0 5t?+ee 18:87 rol3 5>G / 70.. 5-9 g?6?ia f ExCgw.Le ?u6 JiPr w (3irJh y QuC> -10-: _ f Lr ?? -?ov Ctange the original conuraet amount by: A/irT S 7 -?!• r L Payment to be made as follows: Payment in faa at time of chaose order tiaaiab tabor a: nrrteaids ooflV'a e M smmdmce ebm at above staled price. work to be pedea nd under the sow cmmims Wad contract same otbeawwiae atipdaled Note: This change order becomes part of and in accordance with the ofiginal contract. cp Vi alter Williams 540 Halvard-W-w (717) 728-0545 Contract Breech/Dispute IjTvz? _q / oil Original contract signed August 11, 1999. Construction contract/agreement between, ?irst United Mortgage/Dollar Bank, Northern Construction and Walter F. Williams and Janet L. 3 JVilt signed October 26, 1999. e ? Construction began 21 week in November 1999 and according to the contract was to be completed in 180 days, IE the second wee of May 2000. Construction completed November 1, AIP t 2000, or five and one half weeks (5 '/2) v ks behind schedule. Costs associated with delay: Loss of rental income @ $650 per mo.X 5 '/2 = Storage rental at $53 per mo. X 5 1/2= Disputed construction costs: Well/water construction Air-conditioned above garage Q Electricity during construction Less cost overrun A ?y,?.?- PV2 <(? L,-?6r f s Z 3 mil, 2? 3. 575.00 291.50 o44' Ih 1.11 e- cu? $1 / 00 $ 70.02 2,046.42 7Q.02 T r $ 5,804.94 ijga3 i ?3" $ . 51.98 i Northern Construction 518 Bridge St. New Cumberland 774-8130 Change-Order- Owner: Project no:, Change order no: Item: Code : Price: Initials L?J,uDS--?s?s - - ?(,,,[?DRr7?rrrn? Psn S ?'`ir? ?dS ?- ,6L,LY/? /'henna the nviainai rnntraM amount bv: ?UJy1L. $ Si " C7cdr` Payment to be made as follows: Payment in full at time of change order agree to Cumish labor & materials complete in accordance Above additional work to be performed under the same conditions r the above specifications at above stated price. as specified in original contract artless otherwise stipulated. Date Note: This change order becomes part of and in accordance with the ongmal comract. ?, ?:° i =' .. -, =. .? ; f `+' K SHERIFF'S RETURN - REGULAR CASE NO: 2003-02305 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS WALTER ET AL VS NORTHERN CONSTRUCTION ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NORTHERN CONSTRUCTION ASSOCIATES DEFENDANT , at 1157:00 HOURS, on at CUMBERLAND CO SHERIFF'S OFFICE ONE CARLISLE, PA 17013 MICHAEL E GARMAN, BUSINESS PARTNE a true and attested copy of COMPLAINT the the 14th day of July 2003 COURTHOUSE SQ by handing to 2/CO-OWNER & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this ? day of (? P aft-3 A.D. ? rot onotary So Answers: R. Thomas Kline 07/14/2003 WALTER WILLIAMS By: D pu SHERIFF'S RETURN - REGULAR CASE NO: 2003-02305 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS WALTER ET AL VS NORTHERN CONSTRUCTION ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GROSSMAN HARRY L the DEFENDANT , at 1158:00 HOURS, on the 14th day of July 2003 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to HARRY L GROSSMAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 27.73 a,,roth notary So Answers: Sworn and Subscribed to before me this 64`v day of C a ? A.D. R. Thomas Kline 07/14/2003 WALTER WILLIAMS By: De Whiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02305 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS WALTER ET AL VS NORTHERN CONSTRUCTION ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GARMAN MICHAEL E the DEFENDANT , at 1157:00 HOURS, on the 14th day of July 2003 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to MICHAEL GARMAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this /G day of d-0013 A.D. P othonotary So Answers: R. Thomas Kline 07/14/2003 WALTER WILLIAMS By: ep y S er'f IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA Walter Williams and Janet Wilt-Williams a/k/a Janet Wilt, V. Plaintiffs Civil Action No. 03-2305 Civil Term Northern Construction Associates, Jury Trial Demanded And Harry L. Grossman, And Michael E. Garman Defendants NOTICE PURSUANT TO Pa. R.C.P. 1023.2 (b) TO: NORTHERN CONSTRUCTION ASSOCIATES, HARRY L. GROSSMAN, AND MICHAEL E. GARMAN C/O BRUCE D. FOREMAN, ESQ. Please be advised that the Plaintiffs in this matter intend to file an Application for Sanctions pursuant to Pa. R.C.P. 1023.1 (c) in the event that the Counterclaim filed by you in this matter is not withdrawn or appropriately corrected. Plaintiffs believe that your Counterclaim is a frivolous claim in that the factual allegations lack evidentiary support, and are not likely to have evidentiary support after a reasonable opportunity for further investigation for the following reasons: 1. The change order dated August 23, 1999, was included in the original contract amount and paid through the construction draw schedule. 2. The change orders attached to your Counterclaim have been paid, and the payments of the change orders is indicated on the face of the exhibits themselves. 3. Change order number 8 has been modified from the original document. It is demanded that you attach the original document or a copy thereof to your Counterclaim. If your Counterclaim is not withdrawn or appropriately corrected within twenty- eight (28) days after service of this demand, the Plaintiffs shall file a motion requesting sanctions pursuant to Pa. R.C.P. 1023.1 et. seq at the appropriate time in the course of this litigation. Respectfully submitted, aAkAl Keith A. Noll, Esq. Attorney for Plaintiffs Dated: Avg a?1 a o?3 -2 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA Walter Williams and Janet Wilt-Williams a/k/a Janet Wilt, Civil Action Plaintiffs No. 03-2305 Civil Term V. Northern Construction Associates, Jury Trial Demanded And Harry L. Grossman, And Michael E. Garman Defendants CERTIFICATE OF SERVICE I hereby certify that on Rv 9v,7 t -_? 5) )003 I served the foregoing Notice Pursuant to Pa. R.C.P. 1023.2 (b) by placing a true and correct copy thereof in the U. S. Mails, First Class, postage prepaid, addressed as follows: Bruce D. Foreman, Esq. 4409 North Front Street Harrisburg, PA 17110 iZ -0( r° C? ? L r t ? C .J C IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA Walter Williams and Janet wilt-Williams a/k/a Janet Wilt, Plaintiffs V. Northern Construction Associates, And Harry L. Grossman, And Michael E. Garman Defendants Civil Action No. 03-2305 Civil Term Jury Trial Demanded PLAINTIFFS' REPLY TO DEFENDANTS' COUNTERCLAIM AND NEW MATTER Plaintiffs, Walter Williams and Janet Wilt-Williams, a/k/a Janet Wilt, state the following in support of their Rep/y. 22. Paragraphs 1 through 21 of Plaintiffs' Complaint are incorporated by reference. 23. It is admitted that various change orders -and modifications were agreed to by the parties. It is denied that true and correct copies of the said modifications and change orders are attached to Defendants' pleading. By way of further answer, Plaintiffs aver that some of the documents attached to the Defendants' pleading have been modified and do not constitute true and correct copies of the originals. 24. Denied. The first change order, dated August 23, 1999, was added to the original contract amount and paid as part of the construction draw schedule. It is admitted that the other change orders may have increased the contract price. 25. Admitted. Plaintiffs withheld the sum of One Thousand Three Hundred Fifty ($1,350) Dollars from the draw schedule due to a dispute between the parties regarding the quality of the workmanship performed by the Defendants. 26. Denied. All sums due under the contract and the change orders and modifications were paid in full with the exception of the One Thousand Three Hundred Fifty ($1,350) Dollars which was withheld by the Plaintiffs due to their dissatisfaction with the workmanship performed by the Defendants.. Furthermore, the terms of Defendants own exhibits attached to their pleading indicate that the amounts owed on the change orders and modifications have been paid in full. True and correct copies of the two checks issued by Plaintiffs to the Defendants Ito pay the change orders are attached as Exhibits C-1 and C-2 and are incorporated by reference. Both of the checks were negotiated by the Defendant(s). 27. Denied as a conclusion of law to which no response is necessary. By way of further answer, all sums due and owing under the contract and change orders and modifications have been paid with the exception of the One Thousand Three Hundred Fifty ($1,350) Dollars that the Plaintiffs withheld as part of the dispute between the parties. WHEREFORE, Plaintiffs request that this Honorable Court enter judgment against the Plaintiffs in an amount in excess of Fifteen Thousand ($15,000) Dollars, plus attorneys' fees, interest, and costs of suit. -2- 28. Paragraphs 1 through 27 of Defendants' Complaint and Reply are incorporated by reference. 29. Denied. 30. Denied. 31. Denied. 32. Denied. 33. Denied. 34. Denied. 35. Denied. 36. Denied as a conclusion of law to which no response is necessary. 37. Denied as a conclusion of law to which no response is necessary. WHEREFORE, Plaintiffs request that this Honorable Court enter judgment against the Plaintiffs in an amount in excess of Fifteen Thousand ($15,000) Dollars, plus attorneys' fees, interest, and costs of suit. Respectfully submitted, -4K!elith A. Noll, Esquire Attorney for Plaintiffs - 3 - IN THE COURT OF COMMON PLEAS OF THE NINTH 3UDICIAL DISTRICT OF PENNSYLVANIA Waiter Williams and Janet Wilt-Williams a/k/a 3anet Wilt, Plaintiffs Civil Action No. 03-2305 Civil Term V. Noremwn Construction Associates, And Harry L. Grossman, And Michael E. Garman Defendants jury Trial Demanded I hereby verify that the statements made in the foregoing Rely are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. C? Walter Williams Dated: i /7 /?u?r?ZGri3 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA Walter Williams and Janet Wilt-Williams a/k/a Janet Wilt, Plaintiffs Civil Action V. Northern Construction Associates, And Harry L. Grossman, And Michael E. Garman Defendants No. 03-2305 Civil Term Jury Trial Demanded CERTIFICATE OF SERVICE I hereby certify that on Avgvsf -' S) a Off, I served the foregoing Replyby placing a true and correct copy thereof in the U. S. Mails, First Class, postage prepaid, addressed as follows: Bruce D. Foreman, Esq. 4409 North Front Street Harrisburg, PA 17110 Akfx_0 1 1 EXHIBIT a-? 1t- -- --- 713 ' r. JANET L. WILT PH. 717.957.3848 PA OL 11 735 031 340 FRONT STREET MARYSVILLE. PA 17053.1414 DATE /Q /O - GQ 60811112313 yy 06 1 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Harrisburg, PA 17110-2990 FOR 1:2313 LLL61:0413 wOL.SOi6 5211'44, r''.000079?OE6 ? _ 1 '17 19,!7k a 1 ?i C fy [ J l LI-I A FT) r- v m G"t..% - ...lO r? t C' N 'J i'Il WALTER WILLIAMS AND * IN THE COURT OF COMMON PLEAS JANET WILT-WILLIAMS * NINTH JUDICIAL DISTRICT OF PENNSYLVANIA a/k/a JANET WILT, Plaintiff * Vs. * NO. 03-2305 CIVIL TERM NORTHERN CONSTRUCTION ASSOCIATES, * HARRY L. GROSSMAN AND * JURY TRIAL DEMANDED MICHAEL E. GARMAN, Defendants NOTICE TO PLEAD To: Walter Williams and Janet Wilt-Williams, a/k/a Janet Wilt C/o Keith A. Noll, Esquire Maxwell Law Offices 92 West Main Street Waynesboro, PA 17268 You are hereby notified to plead to the enclosed New Matter within twenty (2o) days from service hereof or a default judgment may be entered against you. FOREMAN REMAN,P By BRUCE O M IRE 44o9 North Front Street Harrisburg, PA 17110 (717) 236-9391 ID #21193 Attorney for Defendants WALTER WILLIAMS AND JANET WILT-WILLIAMS a/k/a JANET WILT, Plaintiff Vs. NORTHERN CONSTRUCTION ASSOCIATES, HARRY L. GROSSMAN AND MICHAEL E. GARMAN, Defendants * IN THE COURT OF COMMON PLEAS * NINTH JUDICIAL DISTRICT OF PENNSYLVANIA * * * * NO. 03-2305 CIVII. TERM * * * JURY TRIAL DEMANDED * * DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT WITH NEW MATTER AND AMENDED COUNTERCLAIM AND NOW, comes the Defendants, Northern Construction Associates and Harry L. Grossman and Michael E. Garman, by and through their attorneys, Foreman & Foreman, PC, and Bruce D. Foreman, Esquire, and state the following in support of this complaint: r. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted; by way of further response, the said contract was thereafter amended and modified by change orders or modifications as set forth in New Matter. 7. Admitted. 8. Admitted; by way of further response, the price as set forth in the contract was amended or modified by subsequent change orders or modifications as set forth in New Matters. 9. Denied; if relevant, strict proof thereof is demanded at trial. 10. Paragraphs 1 through 9, inclusive of Defendants' Answer to Plaintiffs' Complaint are incorporated by reference as if fully set forth. 11. To the extent that the averments so paragraph 11 of Plaintiffs' Complaint are not legal conclusions and requires response, the same are denied and strict proof to the contrary demanded at trial. 12. Denied; to the contrary, it is denied that Defendants permitted their employees, agents, and subcontractors to place their materials, equipment and tools on a Jacuzzi and countertops and, further, it is denied that various scratches and blemishes were thereby made on the Jacuzzi and countertops; to the extent that there are any remaining averments of paragraph 12 of Plaintiffs' Complaint, the same are denied and, if relevant, strict proof thereof is demanded at trial. Any averments of agency set forth in paragraph 12 of Plaintiffs' complaint are specifically denied. 13. Denied and, to the contrary, if relevant, strict proof thereof is demanded at trial. 14. To the extent that paragraph 14 of Plaintiffs' Complaint is not a legal conclusion and requires response, the same is denied and, to the contrary, if relevant, strict proof thereof is demanded at trial. 15. To the extent that paragraph 15 of Plaintiffs' Complaint is not a legal conclusion and requires response, the same is denied and, to the contrary, if relevant, strict proof thereof is demanded at trial. 16. To the extent that paragraph 16 of Plaintiffs' Complaint is not a legal conclusion and requires response, the same is denied and, to the contrary, if relevant, strict proof thereof is demanded at trial. 17. To the extent that paragraph 17 of Plaintiffs' Complaint is not a legal conclusion and requires response, the same is denied and, to the contrary, if relevant, strict proof thereof is demanded at trial. 18. Defendants answers to paragraphs 1 through 17, inclusive, are incorporated herein by reference. 19. To the extent that paragraph 19 of Plaintiffs Complaint are not a legal conclusion and require response, the same is denied and, if relevant, strict proof thereof is demanded at trial. 20. The extent that paragraph 20 of Plaintiffs Complaint are not a legal conclusion and require response, the same is denied and, if relevant, strict proof thereof is demanded at trial. 21. The extent that paragraph 21 of Plaintiffs Complaint are not a legal conclusion and require response, the same is denied and, if relevant, strict proof thereof is demanded at trial. WHEREFORE, Defendants respectfully request that Plaintiffs Complaint be dismissed with costs taxed against Plaintiffs. 22. Defendants incorporate paragraphs 1 through 21 inclusive of their answer to Plaintiffs' Complaint and Counterclaim as fully as set forth. 23. Various change orders and modifications were agreed to by the parties. A true and correct copy of the said modifications and change orders are attached hereto, labeled Exhibit "A" and made a part hereof. 24. As a result of the modifications and change orders identified hereinabove, the total price to be paid from Plaintiffs to Defendants increased by Twenty Six Thousand Eight Hundred Four and 16/100 ($26,804.16) Dollars from the original contract in the amount of Two Hundred Twenty-Six Thousand Four Hundred Eighteen and oo/loo ($226,418.00) Dollars to Two Hundred Fifty-Three Thousand Two Hundred Twenty-Two and oo/looo ($253,222.16) Dollars. 25. Draw four (4) under the construction schedule of Plaintiffs' construction lender was to be in the amount of Fifty Nine Thousand Four Hundred Thirty and 75/100 ($59,430.75 ) Dollars, but Plaintiffs only authorized a draw of Fifty Eight Thousand Eighty and 75/100 ($58,080.75) Dollars or One Thousand Three Hundred Fifty and oo/too ($1,350.00) Dollars short of that authorized. 26. Payments on change orders one (1) through six (6) were made. 27. The short payment on draw number four (4) in the amount of One Thousand Three Hundred Fifty and oo/too ($1,350.00) Dollars together with the change order and modification increases of Twenty Six Thousand Eight Hundred Four and 16/loo ($26,804.16) Dollars less payments for change ordered one (1) through six (6), resulted in total payments due from Plaintiff to Defendant in the amount of One Thousand Two Hundred Fifty and oo/roo ($1,250.00) Dollars. 28. Plaintiffs' breached their contract with Defendants by failing to make payments as required. WHEREFORE, Defendants demand judgment against Plaintiffs in the amount of One Thousand Two Hundred Fifty and oo/too ($1,250.00) Dollars, plus interest and court costs, which amount is within the limits of arbitration as set by Rule of Court. NEW MATTER 29. Defendants incorporate paragraphs 1 through 28 inclusive of their answer to Plaintiffs' Complaint as fully as set forth. 30. With regard to Plaintiffs' Complaint, Defendants assert the defense of Waiver. 31. With regard to Plaintiffs' Complaint, Defendants assert the defense of Statute of Frauds. 32. With regard to Plaintiffs' Complaint, Defendants assert the defense of Statute of Limitations. 33• With regard to Plaintiffs' Complaint, Defendants assert: the defense of Settlement. 34• With regard to Plaintiffs' Complaint, Defendants assert: the defense of Release. 35• With regard to Plaintiffs' Complaint, Defendants assert: the defense of Satisfaction. 36. With regard to Plaintiffs' Complaint, Defendants assert the defense of Estoppel. 37. With regard to Plaintiffs' Complaint, Defendants assert that all complaints under the contract had to be filed within the time limits and in the manner set forth in the contract which was not done and which eliminates the claims thereunder. 38 With regard to Plaintiffs' Complaint, Defendants assert that all complaints under the warranty had to be filed within the time limits and in the manner set forth in the warranty which was not done and which eliminates the claims thereunder. WHEREFORE, Defendants demand judgment against Plaintiff's in the amount of Twenty Eight Thousand One Hundred Fifty Four and 16/loo ($28,154.16) Dollars, plus interest and court cots, which amount is within the limits of arbitration as set by Rule of Court. Respectfully submitted, FOREMAN & FOREMAN, By BRUCE D. FOREMAN, ES(4JIRE 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 ID #21193 Attorney for Defendants EXHIBIT "A" OGT,-21'99)THU) 13 38 15T UNITED MORTGAGE Northern Construction 518 Bridge St. New Cumberland, FA 717 774 8130 TEL :I 717 761 2767 P. 009 Change Order wee to fi miab labor & materials O=Plmul aarard = the aboO gVdfie0ons at abore salted prim I)ate: 06123/1999 owner: water w"aatm & Janet Will Project no: 17 Change order no. 1 work to be Mf=r A wler the saws == = goatc.?t woes, ethetwiae stipulated. Note: This change order becomes part of and in accordance with the original contract SG;£I £0, £Z 7nf Z020d 6Ez d3MME ±dnHS SIIIUS 9G49-£7z-GSG Chine the origiut[ eom mct amatmt by Payment to be made as follows: Imvaeeto oonaaet mowt Change Order Northern Construction Date. 7- S--;200<:) 518 Bridge St. Owner: t?•/%d.„ s /A/; G t New Cumberland Project no: /8 - AlvemAp*4d'411 0Z agree to furnish labor & materials complete in accordance Above additional work to be performed under the same conditions r the above specifications at above stated price. as specified in original contract unless otherwise stipulated. Note: This change order becomes part of and in accordance with the original contract. 774-8130 Change order no: C-0*I Northem Construction 518 Bridge St. New Cumberland 774-8130 Item: Date: ?-5 appo Owner: lr?l?ra?.rS Project no: /13 vmo %,,,.l ),Wo-2 Change order no: _ 60-w? Price: Initials Change Order Code: f'Lu.?u,., Fi.tltdFt -- allowance Z C>oo?- ?}., L actual cost 54yIL /b - t`?L?erAc,3O?f./6 ./1',3'7 2! Change the original contract amount by: Payment to be made as follows: Pav in full at time of S 3'3 ge order agree to famish labor & materials complete in accordance Above additional work to be performed under the same conditions t the above specifications at above stated price. as specified in original contract unless otherwise stipulated. icMr i Unuacior Date JOwner Note: This change order becomes part of and in accordance with the original contract. Change Order Northern Construction 518 Bridge St. New Cumberland 774-8130 Date: Aug Z 5-cro Owner. _l/?;o7"j?t zwl Lf Project no: 18 - /t tn? f.d l?"Z Change order no: 3 agree to furnish labor & materials complete in accordance c the above specifications at above stated price. work to be performed under the same conditions specified in original contract unless otherwise stipulated Date Note: This change order becomes part of and in accordance with the original contract. Payment to be made as follows: Payment in full at time of change order ' j. Change Order Northern Construction 518 Bridge St. New Cumberland 774-8130 Dater z Owner. tJ;ll;awe Project no: I g -R,vaZ d'?2 Change order no: L 00"0 Jr fMefe ................ .&F . ,,. ,:.: ae...... Item: Code : Pricy Initials o Z- ->'' veer GE?Q,rn-r 904 lnrtQ. f%C?- S1?,t,,.z irt9s? Su? ,(.? ?tsr l7 Wit2 / 750 i / > o t , AR.DwF7op = O ????°i? 1?' ` Sys, L o 750 ?G '.L 7 ? c-? G2?,N"? 2- n n r 5 J?vi r? 02 /?;' ? c ? ? Y ? Sv ca ?, •.?? Cy Change the original contract amount by: $ 87 7 Payment to be made as follows: Payment in full at time of change order agree to furnish labor & materials complete in accordance i the above specifications at above stated price. Date cove additional work. to be performed under the same conditions specified in original contract unless otherwise stipulated Note: This change order becomes part of and in accordance with the original contract. Change Order Northern Construction 518 Bridge St. New Cumberland 774-8130 Date: la' ?'vrP Owner Project no:' A- Change order no: .??:.:,.,:.aleeu?i•ait?:? ?:=>?::33:fi ? :- is i':;:; i??22:? S: c';5?:::[?:??>[::?:?: - wge:?adiltorxieiete?aie-....:.....E; ::............... ......... ......................... .... ...... . Item: Code . Price: Initials %7 f l !'hove. t6o nrininal rnntrart arrmnnnt hv: $ Payment to be made as follows: Payment in full at time of change order agree to furnish labor & materials complete in accordance (Above additional work to be performed under the same conditions i the above specifications at above stated price. as specified in original contract unless otherwise stipulated Data Note: This change order becomes part of and in accordance with the original contract. Change Order Northern Construction 518 Bridge St. New Cumberland 774-8130 Date.- Owner _L1•Y??LerS/Gs ??- Project no: P Change order no:j agree to furnish labor & materials complete in accordance t the above specifications at above stated price. Date Date rove additional work to be performed under the same conditions specified in original contract unless otherwise stipulated. 'vote: t tus cnange ortter becomes part of and in accordance with the original contract. Payment to be made as follows: Payment in full at time of change order Change Order Northem Construction Date: /o - 2 7- oo 518 Bridge St. Owner. -?'??' o'?.,* s/a/;t t New Cumberland Project no: w1/B ?`vc?3?m?"Z 774-8130 Change orderno: -* 7. Uwe: Code: Prke: lhrinala _ r - 0?2 C :O t/ lGias i9llo / ? ? over 19110 stye i8ss? -X-A, 1013 oa 51`vi,¢ / 70 S9 Ext?le ? ? ? ?Rr?u' ?Q?r? t ?2uo °= Change the original contract amount by: 7(la-7' S Payment to be made as follows: Payment in ful at time of change order agree to finoiab labor & materials complete is acco dwoce a the above spaa6abom at above abated price. work to be performed under the am conditions spec>5ed in mpial contrad unless otherwise abpalawl, Note: Tbia change order becomes part of and in accordance with the original contract. ('J alter Williams 540 HalyarVlw (717) 728-0545 Contract Breech/Dispute ?-3 VVI" Original contract signed August 11, 1999. Construction contract/agreement between, United Mortgage/Dollar Bank, Northern Construction and Walter F. Williams and Janet L. signed October 26, 1999. 3' Construction began 2nd week in November 1999 and according to the contract was to be CI -ompleted in 180 days, IE the second w;1 of May 2000. Construction completed November 1, il3'? p 2000, or five and one half weeks (5 %) y behind schedule. l Z Costs associated with delay: Loss of rental income @ $650 per mo.X 5 '/2 = Storage rental at $53 per mo. X 5 1/2= Disputed construction costs: Welltwater construction Air-conditioned above garage #?Q Electricity during construction Less cost overrun 3291.50 ? 00 70.02 T r ©q Is fir,. ?5 -C?) 2,046.42 70.02 $ 5,804.94 .337 ?. . $ .51.98 ? VERIFICATION I verify that the statements made in foregoing document are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: D3 ?J - Harry G ossman WALTER WILLIAMS AND * IN THE COURT OF COMMON PLEAS JANET WILT-WILLIAMS * NINTH JUDICIAL DISTRICT OF PENNSYLVANIA a/k/a JANET WILT, Plaintiff * Vs. * N0.03-2305 CIVIL TERM NORTHERN CONSTRUCTION ASSOCIATES, * HARRY L. GROSSMAN AND * JURY TRIAL DEMANDED MICHAEL E. GARMAN, Defendants CERTIFICATE OF SERVICE I, Bruce D. Foreman, Esquire, do hereby certify that on this date, I served a true and correct copy of said Defendants Answer to Plaintiffs Complaint with New Matter and Amended Counterclaim, by sending the same by First Class U.S. mail, postage prepaid, addressed as follows: Walter Williams Janet Wilt-Williams, a/k/a Janet Wilt C/o Keith A. Noll, Esquire Maxwell Law Offices 92 West Main Street Waynesboro, PA 17268 Date: September 16, 2003 FOREMAN & P.C. By: Brucf D. Forenlah, quire Atty. ID #21193 4409 North Front Stre t Harrisburg, PA 17110-1709 (717) 236-9391 h - ., ?:, _ -i 7 ,; ^? .._ ?:.. ? -' i '' IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA Walter Williams and Janet Wilt-Williams a/k/a Janet Wilt, Plaintiffs Civil Action No. 03-2305 Civil Term V. Northern Construction Associates, And Harry L. Grossman, And Michael E. Garman Defendants Jury Trial Demanded PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND AMENDED COUNTERCLAIM Plaintiffs, Walter Williams and Janet Wilt-Williams, a/k/a Janet Wilt, state the following in support of their Rep/y. 22. Paragraphs 1 through 21 of Plaintiffs' Complaint are incorporated by reference. 23. Admitted. 24. Admitted. 25. Admitted. Plaintiffs withheld the sum of One Thousand Three Hundred Fifty ($1,350) Dollars from the draw schedule due to a dispute between the parties regarding the quality of the workmanship performed by the Defendants. 26. Admitted. 27. Denied. All sums due under the contract: and the change orders and modifications were paid in full with the exception of the One Thousand Three Hundred Fifty ($1,350) Dollars which was withheld by the Plaintiffs due to their dissatisfaction with the workmanship performed by the Defendants. 28. Denied as a conclusion of law to which no response is necessary. By way of further answer, all sums due and owing under the contract and change orders and modifications have been paid with the exception of the One Thousand Three Hundred Fifty ($1,350) Dollars that the Plaintiffs withheld as part of the dispute between the parties. WHEREFORE, Plaintiffs request that this Honorable Court enter judgment against the Plaintiffs in an amount in excess of Fifteen Thousand ($15,000) Dollars, plus attorneys' fees, interest, and costs of suit. 29. Paragraphs 1 through 28 of Defendants Complaint and Reply are incorporated by reference. 30. Denied. 31. Denied. 32. Denied. 33. Denied. 34. Denied. 35. Denied. 36. Denied. 37. Denied as a conclusion of law to which no response is necessary. By way of further answer, Plaintiffs complaints were timely filed in the property manner. -2- 38. Denied as a conclusion of law to which no response is necessary. By way of further answer, Plaintiff's complaints were timely filed in the property manner. WHEREFORE, Plaintiffs request that this Honorable Court enter judgment against the Plaintiffs in an amount in excess of Fifteen Thousand ($15,000) Dollars, plus attorneys' fees, interest, and costs of suit. Respectfully submitted, L4-'+kA Keith A. Noll, Esquire Attorney for Plaintiffs - 3 - IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA Walter Williams and Janet Wilt-Williams Civil Action a/k/a Janet Wilk, Plaintiffs No. 03-2305 Civil Term V. Northern Construction Associates, ; Jury Trial Demanded And Harry L Grossman, And Michael E. Garman Defendants L_ :4 1 J_ O • I hereby verify that the statements made in the foregoing P/aintiKs' Reply to De&danW New Matter and Anxwded Camteidaun are true and correct to the best of my knowledge, Information, and belief. I understand that: false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Waiter Williams Dated: f-olfi;- 03 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA Walter Williams and Janet Wilt-Williams a/k/a Janet Wilt, Civil Action Plaintiffs No. 03-2305 Civil Term V. Northern Construction Associates, Jury Trial Demanded And Harry L. Grossman, And Michael E. Garman Defendants CERTIFICATE OF SERVICE I hereby certify that on 00-` $?a-oo3 I served the foregoing Reply by placing a true and correct copy thereof i the U. S. Mails, First Class, postage prepaid, addressed as follows: Bruce D. Foreman, Esq. 4409 North Front Street Harrisburg, PA 17110 I A A wu r" i 1? Walter Williams and Janet Wilt-Williams a/lda Janet Wilt, Plaintiffs V. Northern Construction Associates, Harry L. Grossman and Michael E. Garman, Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIP, Docket No. 03-2305 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: 1, Mark D. Bradshaw, Esq., counsel for Plaintiffs in the above action respectfully represent that: The above-captioned action is at issue. 2. The claim of the plaintiff in the action is approximately $20,000.00 (not including statutory damages and /or attorneys' fees). The counterclaim of the defendant in the action is, at best, $1,250.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: none of which Defendant is aware other than defense counsel, Bruce D. Foreman, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: March 14, 2006 Respectfully submitted, STEV`ENS & LE Mark D. Bradshaw, Esquire Attorney I.D. No. 61975 17 North Second Street 16th Floor Harrisburg, PA 17101 (717) 255-7357 l06 SLI 595688v1/099999.00854 I Walter Williams and Janet Wilt-Williams a/k/a Janet Wilt, Plaintiffs V. Northern Construction Associates, Harry L. Grossman and Michael E. Garman, Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA. Docket No. 03-2305 CERTIFICATE OF SERVICE I, Mark D. Bradshaw, Esquire, hereby certify that I caused a true and correct copy of the foregoing Petition to be served upon the following person, by depositing the same in the United States Mail, postage pre-paid, addressed as follows: Bruce D. Foreman, Esquire Foreman & Foreman, P.C. 4409 North Front Street Harrisburg, PA 17110 Mark D. Bradshaw Date: March 14, 2006 SLI 595688v1/099999.00954 t^ "`? - ?_? t a _ ? ? ? ? ? ? ,? Walter Williams and Janet Wilt-Williams a/k/a Janet Wilt, Plaintiffs V. Northern Construction Associates, Harry L. Grossman and Michael E. Garman, Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03-2305 {{ ORDER AND NOW, in consideration offtthe foregoing petition, yNq?_Z"/ s 6I ALCCIte?l f/LCZEscI ?., are appointed arbitrators in the above-captioned action as prayed for. By the ?. 1 Bayley, P.J. SLI 595689v1/099999 00954 UJ ? _' . C NI - ?.4 u- C3 ? Walter Williams and Janet : IN THE COURT OF COMMON PLEAS Wilt-Williams, a/k/a Janet Wilt, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW VS. NO. 03-2305 CIVIL TERM Northern Construction Associates, Harry L. Grossman and Michael E. Garman, Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of Bruce D. Foreman, Esquire, on behalf of the Defendants in the above case. Dated: ?( A0 i "? Bruce D. or man Please enter the appearance of Hubert X. Gilroy, Esquire as attorney on behalf of the Defendants in the above case. Dated: S- ?- Og-- Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 N. Hanover Street Carlisle, PA 17013 (717) 2434574 ID #29943 Attorney for Defendants -n -r. < w l?ifc1?P k//G4ffW5 i ?'? W PlaintiffS NO VXN ? d???I? ,4ffvc?TE , &#Af KAI Defendants In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 3 - as S Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey Ad defend the Constitute States and the Constitution of thWmmonwealfl- 4"B--dtha e will discharge the du 'e with delity. Signature Signature Si 470 u. j?9FV%W )*?*Al Name (Chaim=) Law Firm R P(M - //k4/ CF Address d14M" ale 14 L Z, , ( ?o-13 city, zip IN M 9 4. Name 4 Law Firm /9 4,LATr .?&w -'f. Address city, zip the United ,?,vuty A'i rbiv Name ANn&v 10 O Law Firm 5a2 d AA-40, /PdVf Address Aftv'rv' /07 city, zip 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.) . ?+? ?o ?a?r., s? ?fi /???iti?//, 3 401 Q? 4.r??r? ? ?s?l? ? •.?? ?.?.? I-V a1'rh iww? r 4/, V$,_3 SD . Da 4?/d !s? 76 ;Z*z 67 ft. plc.. ? i/,.r &Ptd- &&*I-vne /4 I2 voea 760- AvIA its-Gesuc -iii Date of Hearing: qlz Y/-* -P Date of Award: Y12-111o Now, the 6156' day of Mav , 20_L7_, at 1161: 51 , P M., the above award was entered upon the docket and notice thereo given by mail to the parties or their attorneys. Arbitrators' cornper_sat?on to be paid upon appeal: $ D . OO By: Prothonotary . Arbitrator, dissents. (Insert name if applicable.) Deputy Notice of Entry of Award KAAA led- Cam' 4AP, rt ,cal 4V/ &r- 4V14A1l# J*VS, 4/C1t ??A? ?? /L I fi W Plaintiffs Noc?4/ 4o rr'0ZVcrrC.v XJrV4WrCs, 6-¢i("KAI Defendants In The Court of Common Pleas of Cumberland County, Pennsylvania No. 03- -Vo -15r Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey d defend the Constitution States and the Constitution of this mmonweal d tha e will dischargYe wSignature Signature Si Name (Chairman) Law Firm 0warAkV crf Address Name Law Firm !9 koLATr ?vexw 9r-. Address the United 44 /;?ftk,,N Name wwofw* 10 Law Firm 9.3 d W/&C-4 -A-e4of Address /417 W w W-- w1/cs/? 4 WX tR /7, (,W.X,(?zr / 1'76,1 4 4i4-6 4 CIoS%- City, zip city, Zip city, zip -# to sa * )01585 Award ard 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.) d /421,0. W 46 A*Z&A //. S O0/o1 a.4 a"r'A A Oltrlf s..?/etwl J i •,nrsOVC .."I"f .SSr s ??1., rev me al huw4 -1- ar/. V$; 3 SD , o o ??i?d rs, 74 vuz. 4 fL A*i.?vA kr oovot aGaiaSA? /% 12%1t v eaw 7? wl A /ls r,,exei' Tai Date of Hearing: gjZy/,4'7 Date of Award: Y12-11007 Now, the c15* day of _ entered upon the docket and notice 20_'x, at I-A51 : , P.M., the above award was given by mail to the parties or their attorneys. .Arbitrators' compensation to be paid upon appeal: $ :?SD . 00 /?"" 1. ? t .0- By: &qr-g T- ffi-eg" Prothonotary Notice of Entry of Award . Arbitrator, dissents. (Insert name if applicable.) Deputy .led P co ;Jo Mar v I ¢0 DYE q4e je4 P ? cc .1 IN THE COURT OF COMMON PLEAS OF Walter Williams and Janet Wilt-Williams, a/k/a: CUMBERLAND COUNTY, PENNSYLVANIA Janet Wilt, CIVIL ACTION - LAW Plaintiffs V. Northern Construction Associates, Harry L. Grossman and Michael E. Garman, Defendants No. 03-2305 CIVIL TERM PRAECIPE TO DISMISS TO THE PROTHONOTARY: Kindly mark all claims asserted by Plaintiffs against all Defendants in this action settled, discontinued and ended with prejudice. Respectfully submitted, STEV Date: September 25, 2007 r Mark D. Bradshaw Attorney I.D. #61975 17 North Second Street 16th Floor Harrisburg, PA 17101 (717) 255-7357 (717) 234-1099 (Facsimile) mdb@stevenslee.com Attorney for Plaintiffs SL I 753416v 1 / 101205.00001 .00 : IN THE COURT OF COMMON PLEAS OF Walter Williams and Janet Wilt-Williams, a/k/a: CUMBERLAND COUNTY, PENNSYLVANIA Janet Wilt, CIVIL ACTION - LAW Plaintiffs V. Northern Construction Associates, Harry L. Grossman and Michael E. Garman, Defendants No. 03-2305 CIVIL TERM CERTIFICATE OF SERVICE I, Mark D. Bradshaw, Esquire, hereby certify that, on this date, I caused a true and correct copy of the foregoing Praecipe to Dismiss to be served upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Date: September 25, 2007 SLl 753416v1/101205.00001 David A. Fitzsimons Martson Law Offices 10 East High Street Carlisle, PA 17013 C C G o -0 17, ? y?