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Home My WebLink About03-2433COMMONWEALTH OF PENNSYLVANIA COURT OF cOMMON PLEAS ommbe~land county JUDICIAL D~STR~CT NOT~Cr: OF/~pPE. AL FROM O,sTmCT JUST,CE cm ON L ASNo. L NOTICE OF APPEAL [~/' ~ ~' ~;~O3 Notice is given that the appellant has tiled in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. ~ MAG. DIST. NO. OR NAME OF D.J. 09-2-01 ---- NAME OF APPELLANT ZIP CODE Morris stanley t/d/b/a S&M Paving STATE c,T~. PA 17050 Mechar~csburg ----- ADDRESS OF APPELLANT Road 7000 wertzville Morris stanley t/d/b/a S&M Paving ~;~MEm LDavid& Joyce Radabaugh vs. ------ CLA:M NO. YEAR 0000442-02 " ~ / / /''' ~ Kil_li.an & Gepb~-r~, LLP 888~.~[ ~ c~.ine Street cv ~ .~0 LT YEAR__ ppellant wa~ 'C'l~i~'~t '(,~e PA R.C.P.J.P. is re Ul ~his block will be signed ONLY when this notation' q · · '-~fa No. 1001 (6)) in action before district Justice, he No 1008B. ' ' MUST FILE A COMPLAINT within twenty (20) _R; .C.P_._J,.~. ,,! Xnoeal, when received, by the D,_s_t?..~ Justice, will operate as A SUPERSEDEA:5 to [n~ ,~,~,~ ......... days after filing his NOTICE of APPEAL. ~MPLAINT AND RULE -I-U I'~efore District Justice. PRAECIPE TO ENTER RUL" ~ r,- (This section ct torm to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action IF NOT USED, detach from copy ct notice ct appeal to be served upon appellee. PRAECIPE: To Prothonotary ~, appellee(s}, to file a complaint in this appeal l.x:t v J-,.,~ .... Name of appellee(s) Enter rule upon David~ (Common Pleas No. - ~ ~~.2~AT~.~,',','~ within twenty (20) days after service ct rule or sufie, r ent~ ct judgment of non pros. RULE: TO ' Name of appellee(s) n appellee(s) (1) You are notified that a rule is hereby entered upon you to tile 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) It you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3)Dat:he date °l service °f this r:~ semi::: :;il is the date °f the maili~'~//~~~- ~L~ White Green - Yellow - Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy D. J. Copy Proth. - 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 ~, c~o _O~ AFFIDAVIT: I hereby swear or affirm that I served ~.~- ~ . ~' ~'~.~, ~ a copy of the Notice of Appeal, Common Pleas No. (date of se~ice) _ ~, u~n the Distri~ J~d~i~t~ . _, year , ~by pemonal se~ce ~by (ce~fi ter~mail Fs r~eipt attached hereto, and upon the appellee, (name -~' , '~, On _, year ~ by personal se~ice ~ by (ceCilia) (r~istered) mail, senoer's r~eipt a~ach~ hereto. ~ and fu~her that I se~ the Rule to File a Complaint a~ompanying the a~ve Notice of Appeal upon the appell~(s) to ~om the Rule was address~ on mail, sender's r~eipt a~ach~ hereto. ~, year ~ by personal se~ice ~by (ce~ifi~) (r~ister~) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF YEAR ~ official before whom affidavit was made Title of official Signature of Affiant My commission expires on year COMMONWEALTH OF pENNSYLVANIA ;OUNTY OF: Mag, Dist. No.: 09 -2-01 DJ Name: Hon. PAU[~ P. CO[~.REAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA 7e,e~ho~e: (717) 240-6564' 17013-0000 MORRIS STANLEY-T/D/B/A S&M PAVING 7000 WERTZVILLE ROAD MECHANICSURG, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPT ~RADABAUGH, DAVID & JOYCE 60 SUNNYSIDE DRIVE CARLISLE, PA 17013 VS. DEFENDANT/JUDGMENT CRED TOR: NAME ~n~] FMORRIS STANLEY-T/D/~A S&M 7000 WERTZVILLE ROAD MECHANICSURG, PA 17050 Docket No,: CV-OOOO442-O2- Date Filed: 10/22/02 , j THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: FOR PLAINTIFF (Name) Judgment was entered against: (Name) in the amount of $ '~ .. ~;_3o _ 1 3 Defendants are jointly and severally liable. "~ Damages will be assessed on: ~-'"~ This case dismissed without prejudice. [Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ ~4ORRTffi ~tpANI.~-T/D/B/A ,q~;~ PAVTN~ on: (Date of Judgment) 4/9.5/nq (Date & Time) Amount of Judgment $ :O,udgment Costs $ Interest on Judgment $ Attorney Fees $ Total $ Post Judgment Credits $. Post Judgment Costs $ Certified Judgment Total $ 3,400 . 00'! 130.13 .00 .00 3,530.13 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF coMMoN PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ -' 5~ ' SEAL My commission expires first Monday of January, 2006 . - AOPC 315-03 ' MORRIS STANLEY t/d/b/a S&M PAVING, Plaintiff Ye DAVID & JOYCE RADABAUGH, Defendant · IN THE COURT OF COMMON PLEAS 'CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-2433 Civil · CIVIL ACTION - LAW PROOF OF SERVICE This is to certify that a copy of the Notice of Appeal filed in the above-captioned action was served upon the following on May 30, 2003, by depositing a true and correct copy of same via Certified Mail, addressed as follows: Mark A. Denlinger, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Mr. & Mrs. David Raudabaugh 60 Sunnyside Drive Carlisle, PA 17013 District Justice Paula P. Correal One Courthouse Square Carlisle, PA 17013 Our letter enclosing the Notice of Appeal along with the Certified Mail Receipts are attached hereto as Exhibit "A." Respectfully submitted, Dated: May 30, 2003 Michael J. O'Connor, Esquire Killian & Gephart 218 Pine Street, P. O. Box 886 Harrisburg, PA 17108 (717)232-1851 Attorney I. D. #76127 Attorneys for Plaintiff EXHIBIT "A" THOMAS W. SCOTT JANE GOWEN PENNy TERRENCE J. MeGOWAN J. PAUL HELVY MICHAEL J. O'CONNOR HEATHER M. FAUST THE LAW FIRM OF KILLIAN & GEPItART, LLP 218 PINE STREET P. O. BOX 886 HARRISBURG, PENNSYLVANIA 17108-0886 TELEPHONE (717) 232-1851 FAX NO. (717) 238-0592 www.killiangephart.com May 30, 2003 Of Counsel: JOHN D. KILLIAN SMITH B. GEPHART Mark A. Denlinger, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 VIA CERTIFIED MAIL AND VIA REGULAR MAIL Mr. & Mrs. David Raudabaugh 60 Sunnyside Drive Carlisle, PA 17013 Re.- David & Joyce Raudabaugh v. Morris Stanley Docket No. 03-2433 Cumberland County CCP Dear Mr. Denlinger: Please find the enclosed Notice of Appeal from the decision of District Justice Correal filed with the Cumberland County Prothonotary. Please file a Complaint within 20 days of service of the enclosed Praecipe and Rule to file a Complaint. Thank you for your courtesy and attention to this matter. If you have any questions, please do not hesitate to contact me at your convenience. MJO/mbl Enclosure cc: District Justice Paula P. Correal Morris Stanley Very truly yours, Michael J. O'Connor THOMAS W. SCOTT JANE GOWEN PENNy TERRENCE J. McGOWAN J. PAUL HELVY MICHAEL J. O'CONNOR HEATHER M. FAUST THE LAW FIRM OF KILLIAN & GEPHART, LLP 218 PINE STREET P. O. BOX 886 HARRISBURG, PENNSYLVANIA 17108~0886 TELEPHONE (717) 232-1851 FAX NO. (717) 238-0592 www.killiangephart, com May 30, 2003 Of Counsel: JOHN D. KILLIAN SMITH B. GEPHART Mark A. Denlinger, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 VIA CERTIFIED MAIL AND VIA REGULAR MAIL Mr. & Mrs. David Raudabaugh 60 Sunnyside Drive Carlisle, PA 17013 Re.' David & Joyce Raudabaugh v. Morris Stanley Docket No. 03-2433 Cumberland County CCP Dear Mr. & Mrs. Raudabaugh: Please fred the enclosedNotice of Appeal from the decision of District Justice Correal filed with the Cumberland County Prothonotary. Please file a Complaint within 20 days of service of the enclosed Praecipe and Rule to file a Complaint. Thank you for your courtesy and attention to this matter. If you have any questions, please do not hesitate to contact me at your convenience. MJO/mbl Enclosure cc: District Justice Paula P. Correal Morris Stanley Very truly yours, Michael J. O'Connor Postage r-q Certified Fee Return Receipt Fee (Endorsement Required) I'"t Restricted Delivery Fee r"q {Endorsement Required) r-'t Total Postage & Fees $ 4.4~ tReclplent's Name =lease Print Clearly) (To be ,=o,,,/,,;u;,,d by mailer) Mark A....~_.n...]=.~..n..g.e_~..,...~.s_o~_~.~_e. .................................. gi;~'~i;;~:'i~:; or Po aox ~... ~.~ ~...~ .~_. ?_¥_~ ........................................... Z/P+ 4 m m r"-i Postage i--~ Certified Fee Return Receipt Fee I't'l (Endorsement Required) I"-I Restricted Delivery Fee ri (Endorsement Required) r-t Total Postage & Fees , t.q5 Hem Reclplent's Name !Please Print Clearly) (To be completed by mailer) ...I~.~.~,:~...~],.J.~1.~g::~..~),,,~111 ~.2 ~ ~~ St~t, A~ No.; or PO Box No. * ................ ~e ~ouse ~are r'-I Postage r--1 Certified Fee Return Receipt Fee m (Endorsement Required) r'", Restrfcted Delivery Fee I--'1 (Endorsemen~ Required) Total Postage & Fees L~ I Reclplent's Name 'Please Print Clearly) (To be completed by metier) r~ [ Mr. & Mrs. David ~au~abaugh ~ ~ !~;~i/;i/,'tT/i&~'~?P~';~ ........................................................... ] ~ [ 60 S_tmnyside Drive / DAVID and JOYCE RAUDABAUGH, Plaintiffs, MORRIS STANLEY, t/b/Wa S&M PAVING, Defendant · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW 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 Plaintiffs. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO Carl C. Risch, Esquire Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Plaintiffs DAVID and JOYCE RAUDABAUGH, Plaintiffs, MORRIS STANLEY, t/b/Wa S&M PAVING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03- ~13g · CIVIL ACTION - LAW COMPLAINT 1. Plaintiffs, David and Joyce Raudahaugh, are adult individuals residing at 60 Sunnyside Drive, Carlisle, Cumberland County, PA, 17013. 2. Defendant, Morris Stanley, is an adult individual doing business as S&M Paving, with a primary place of business at 7000 Wertzville Road, Mechanicsburg, Cumberland County, PA, 17055. 3. In March 2001, Defendant provided paving services to the Raudabaughs at their home located at 60 Sunnyside Drive, Carlisle, PA. 4. The aforementioned paving services included grading and three (3") inches of binder compressed to two and one half(2 ½") inches. A copy of the agreement/description of the work is attached hereto as Exhibit "A." 5. Defendant agreed to provide the Raudabaughs with free sealer to be applied to the driveway by August 2001. A copy of the agreement to seal the driveway/warranty is attached hereto as Exhibit "B." 6. Defendant warranted the services such that there was a three (3) year guarantee against cracks. See Exhibit "B." 7. On or about April 7, 2001, Mr. Raudabaugh paid the Defendant $6,800 for aforementioned paving services. 8. After paying for these services, Mr. Raudabaugh indicated his dissatisfaction with the services that were provided by Defendant. The dhveway immediately began to crack and settle. 9. In April 2001, Defendant agreed to repair the driveway in August 2001. 10. Defendant has not returned to repair the Raudabaugh's driveway. 11. The paving work performed by Defendant was entirely defective and failed to meet a minimum standard of workmanship reasonably expected by a consumer. COUNT I BREACH OF CONTRACT 12. Paragraphs 1 through 11 are incorporated as if fully set forth. 13. Defendant has breached his contracts to provide paving services and warranty/repair services by failing to provide paving services in a workmanlike manner and by failing to service/repair the driveway. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $6,800.00 plus costs and fees. COUNT H QUANTUM MERUIT 14. Paragraphs 1 through 13 are incorporated as if fully set forth. 15. Defendant has been unjustly enriched in that Plaintiffs paid him $6,800.00 even though he has failed to provide them with a competently paved driveway. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $6,800.00 plus costs and fees. Date: ~of g/0~ By ( x,x~ I C,,L~ Carl C. Risch, Esquire Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiffs OTTO VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. 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. Oated:q /03 & M PAVING 7000 Wertzvllle Road Mechanicsburg, PA 17055 790-9104 PROPOSAL & CONTRACT Fully Insured No. 1 Grading~ No. 2 Gravel~ No. 4 Sealer No. 5 We finish all labor and materiel on the job. No. 6 Work to be done at contractor's best ability. No. 7 Job to measure and be paid in full on completion of job. ~'00 °= Total Price $_ ~ One Year Guarantee (except for acts of nature and/or tim marks 100% Water Drainage NOT Guaranteed) Customer agra,es and understands (Signature) Make checl~s payable to Morris Stanley Contractor: __ Morris Stanley Customer: _ Signing this contract is a binding agreement. There will be a 15% of total contract charge for any cancellations a~ter 3 days. There will be a 1 1/2% service charge per month on any balance due after 10 days. °'~ S & M PAVING ~.~ 7000 Wertzville Road* Mechanicsburg, pA 17055 ,,' ~790-9104 PROPOSAL & CONTRACT Fully Msured Name ~- Pho.e~¢'q -? 7g? / No. 1 Grading No. 2 Gravel. No. 3 Bladktop No. 5 We fimsh all labor and material on the job. No. 6 Work to be done at contractor's best ab~ity. No. 7 Job to measure and be paid in full on completion of job, 'T'7 -z~, Total Price · (~e; Year Guarantee (except for acts of nature and/or hre marks ~ L, '~,~,:~ 100% Water Drainage NOT Guaranteed) Customer agrees and understands (Signature) Mm;ri. Stanley ' Make che~ks payable to Contractor: Morri~ S~d~ey Customer: ~ Signing this contract is a binding agreement. There will be a 15% of total contract charge for any cancellations after 3 days. There will-be a 1 1/2% service charge per month on any balance due after 10 days. CERTIFICATE OF SERVICE I, Carl C. Risch, hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael J. O'Connor Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, Pennsylvania 17108-0886 MARTS~~7~ILLIAMS By ~__K,,~ 1 ~ Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Dated: DAVID & JOYCE RAUDABAUGH, Plaintiffs MORRIS STANLEY, t/dPo/a S&M PAVING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 03-2433 ; : : CIVIL ACTION - LAW TO: NOTICE TO PLEAD David & Joyee Raudabaugh by and through their attorney Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 You are hereby notified to plead where applicable to the enclosed Answer with New Matter within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, Dated: July f{} , 2002 Michael JJ (~ Connor, Esquire Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I. D. #76127 Attorneys for Defendant DAVID & JOYCE RAUDABAUGH, Plaintiffs MORRIS STANLEY, t/tlPo/a S&M PAVING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 03-2433 . : : CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, Defendant lacks knowledge or information sufficient to form a belief as to the truth of this averment. Therefore, said averment is being denied. 2. Admitted. 3. Admitted. 4. Denied. The agreement/description of work marked as Exhibit"A" speaks for itself and any characterization of it by Plaintiff is denied. 5. Denied. The agreement marked as Exhibit "B" speaks for itself and any characterization of it by Plaintiff is denied. 6. Denied. The agreement marked as Exhibit "B" speaks for itself and any characterization of it by Plaintiff is denied. 7. Admitted. 8. Admitted in part; denied in part. It is admitted that after paying for these services, Plaintiff indicated his dissatisfaction with the services that were provided by Defendant. It is specifically denied that this dissatisfaction was justified since these services were provided in a proper and workman like m~nner. Furthermore, it is specifically denied that the driveway immediately began to crack and settle. Strict proof is demanded at the time of trial. 9. 10. Denied. The averments in this paragraph are specifically denied. Admitted. It is admitted that Defendant has not returned to repair Plaintiffs' driveway. This is due to the fact that the driveway does not need any repairs since there are no cracks. Denied. The averments in this paragraph are denied as conclusions of law to 11. which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, without waiving the foregoing, it is specifically denied that Defendant's work was defective and failed to meet a minimum standard of workmanship reasonably expected by a consumer. Strict proof is demanded at the time of trial. COUNT I BREACH OF CONTRACT 12. Defendant hereby incorporates paragraphs 1 through 11 above as though fully set forth herein. 13. Denied. The averments in this paragraph are denied as conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, without waiving the foregoing, it is specifically denied that 2 Defendant breached a contract since he provided all paving services in a workman like WHEREFORE, Defendant demands judgment in his favor and against Plaintiffs, plus costs and fees, and such other relief as this Court deems just and proper. COUNT II QUANTUM MERUIT 14. Defendant hereby incorporates paragraphs 1 through 13 above as though fully set forth herein. 15. Denied. The averments in this paragraph are denied as conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, without waiving the foregoing, Defendant has not been unjustly enriched in this matter since he performed all paving services in a workman like manner and provided Plaintiffs with a competently paved driveway. WHEREFORE, Defendant demands judgment in his favor and against Plaintiffs, plus costs and fees, and such other relief as this Court deems just and proper. NEW MATTER 16. Plaintiffs' claims are barred and are limited by their acceptance of the services provided and their payment of the contract price for the services provided by Defendant. 3 17. Plaintiffs' claims are barred and are limited since they waived their claims by making payment for the services provided after inspecting the paving work performed by Defendant. 18. Plaintiffs claims for equitable relief are barred by the unclean hands doctrine. Respectfully submitted, Dated: July l0,2002 Michael~J.~O~' C~oonnor, Esquire Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I. D. #76127 Attorneys for Defendant 4 VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Morris Stanley CERTIFICATE OF SERVICE On this lB day of July, 2003, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, postage prepaid, addressed to: Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 KILLIAN & GEPHART, LLP Michael J. O'Connor, Esquire Attorney I.D. #76127 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 DAVID and JOYCE RAUDABAUGH, Plaintiffs, MORRIS STANLEY, t/dPo/a S & M PAVING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2433 CIVIL ACTION - LAW PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 16. Denied as a conclusion of law. To the extent that a response is necessary, plaintiffs never accepted Defendant's work. 17. Denied as a conclusion of law. To the extent that a response is necessary, Plaintiffs ' k never accepted Defendant s wor . 18. Conclusion of law to which no response is necessary. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant. EM~y~ RT~~iLLIAMS & OTTO Carl C. Risch, Esquire Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 -3093 (717) 243-3341 Attorney for Plaintiffs Date 7/14/03 VERIFICATION The foregoing Reply to Defendant's New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penaltiesy,~/~~. CERTIFICATE OF SERVICE I, Marcia Y. Compton, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiffs' Reply to Defendant' s New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Morris Stanley, t/d/b/a S&M Paving 7000 Wertzville Road Mechanicsburg, PA 17050 MARTSON DEARDORFF WILLIAMS & OTTO By Marcia Y. Co~htom Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 18, 2003 DAVID and JOYCE RAUDABAUGH, Plantiffs, MORRIS STANLEY, t/b/d/a S&M PAVING, Defendant. IN THE COURT OF COMMON PLEAS OF CL~B£RI~ND COUNTY, PEN~SYtVANIA' NO. 03-2433 CIVIL -LAW 2003 R%ruE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITraTORS TO THE HONORABLE. THE JUDGES OF SAID COURT: CARL C. RISCH , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue- 2. The claim of the plaintiff in the action is $ less than $25,00Q The counterclaim of the defendant in the action is_~~0 The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: MARTS£~ DEARDORFFWILLIAMS & CC~Or and KILLIAN & GEPHART~ LLP. WMEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT ~ND NOW,_/~--~/~ ~ , i-9~ , in consideration of the Esq., and J j ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By ~he~ CERTIFICATE OF SERVICE I, Christopher E. Rice, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Petition for Appointment of Arbitrators was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Killian & Gephart, LLP Michael J. O'Conner, Esquire 218 Pine Street Harrisburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO Christopher E. Rice Ten East High Street Carlisle, PA 17013 (717) 24.'t-3341 Dated: September 8, 2003 ~ XH~ COtraT OV COMMON W~^S OV CUMBERLAND COUNTY, PENNSYLVANIA We do solemnly swear (or affu-m) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our o e with fidelity. , ' :~' ~ AWARD We, the undersigned arbitrators, having been duly appoimed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) · Arbitrator, dissents. (insert name if. apj~lica~ble.) DateofAwmd: [1~ ~ - ~ NO~CE O~ ENIRY OF AW~ Now, the ~ Say of~ ~~ ~,at ~ ~ ~., the above award was entered ~pon the docket and notice th~eof gi~ by mail to ~e p~kes or kheir aaomeys. Paid upon appeal: DAVID and JOYCE RAUDABAUGH, Plaintiffs, MORRIS STANLEY, tYd/b/a S&M PAVING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2433 : CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: PLEASE enter judgment against the Defendant, Morris Stanley, t/d/b/a S&M Paving, in the amount of $2,500.00, pursuant to the Arbitrator's Award in the above-captioned matter. MARTSON DEARDORFF WILLIAMS & OTTO Christopher E. Rice I.D. Number 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: December fl~, 2003 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Christopher E. Rice, hereby certify that a copy of the foregoing Praecipe to Enter Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Killian & Gephart, LLP Michael J. O'Conner, Esquire 218 Pine Street Han-isburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO Christopher E. Rice Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 2 ~., 2003 DAVID and JOYCE RAUDABAUGH, Plaimiffs, MORRIS STANLEY, t/d/b/a S&M PAVING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2433 CIVIL ACTION - LAW Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (1) directed to the Sberiff of Cumberland County; (2) against Morals Stanley, t/d/b/a S&M Paving, having an address of 7000 Wertzville Road, Mechanicsburg, PA 17055. Index this writ against Morris Stanley, t/d/b/a S&M Paving, Defendant. O) (4) The mount due $2,500.00 Interest from December 26, 2003, at the rate of $0.41 per day Costs to be added $ $ * Direct the Cumberland County Sheriffto execute upon any and all personal property that is owned by the above Defendant. * To be determined by the Sheriffof Cumberland County Date: February 26, 2004 MARTSON DEARDORFF WILLIAMS & OTTO I.D. Number 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael J. O'Cormer, Esquire KILLIAN & GEPHART, LLP 218 Pine Street Harrisburg, PA 17108 Dated: February 26, 2004 MARTSON DEARDORFF WILLIAMS & OTTO Steven J. Shanahan Ten East High Street Carlisle, PA 17013 (717) 243-3341 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2433 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DAVID AND JOYCE RAUDABAUGH, Plaintiff (s) From MORRIS STANLEY, T/D/B/A S&M PAVING, 7000 WERTZVILLE, ROAD, MECHAN1CSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY THAT IS OWNED BY THE ABOVE DEFENDANT. (2) You are also directed to atiach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,500.00 L.L. $.50 Interest FROM 12/26/03 AT THE RATE OF $0.41 PER DAY Atty's Comm % Due Prothy $1.00 AttyPaid $96.75 Other Costs Plaintiff Paid Date: FEBRUARY 27, 2004 (Seal) CURT1S R. LONG Prothono~ Deputy REQUESTING PARTY: Name STEVEN J. SHANAHAN, ESQUIRE Address: MARTSON DEARDORFF WILLIAMS & OTTO TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90917 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing 18.00 Poundage 50.00 Advertising 10.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Garnishee TOTAL $ 148.30 Pd by Defendant Sworn and Subscribed to before me this 7? day °f.?t~7 2004A.D. -~r~' ~ ~'t-t~-~,4'ff-~~ PROTI4ONOTARY So Answers; R. Thomas Kline, By, Claudia A. Brewbaker ATTORNEY Steven Shanahan WRIT NO. 2003-2433 Civil David and Joyce Raudabaugh Morris Stanley, t/d/b/a S & M Paving Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Sumharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Reftmd of Adv. Costs Pd. To Prothonotary DISTRIBUTION $ 2500.00 52.48 96.75 $ 18.00 50.00 .50 1.00 13.80 10.00 15.00 20.00 20.00 $ 2649.23 150.00 1.50 $ 2649.23 $ 148.30 $ 2797.53 150.00 $2947.53 R. Thomas Kline, By~~--~, ~/~c~