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Home My WebLink About01-05548ROGER NELSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT J. GRIFFIN and ELIZABETH J. GRIFFIN, Defendant NO. 01-5548 CIVIL ACTION -LAW NOTICE TO DEFEND 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 aze 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 properly 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street, P. O. Box 186 Harrisburg, PA 17108 e P ~~~ Richard P. Mislitsky, Esquire One West High Street P. O. Box 1290 Cazlisle, PA 17013 (717) 241-6363 Attorney for Plaintiff ROGER NELSON : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, :PENNSYLVANIA v. ROBERT J. GRIFFIN and ELIZABETH J. : NO. 01-5548 GRIFFIN, Defendant :CIVIL ACTION -LAW COMPLAINT AND NOW, comes the Plaintiff, Roger Nelson, by and through his attorney, Richard P. Mislitsky, Esquire, and files this Complaint against the Defendants and in support of this Complaint avers as follows: 1. The Plainfiff, Roger Nelson, is an adult individual, citizen of the Commonwealth of Pennsylvania with an address at 150 Pheasant Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendants are Robert J. Griffin and Elizabeth J. Griffin, husband and wife, citizens of the Commonwealth of Pennsylvania, residing at 323 West First Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. At all times material hereto the Plaintiff was acontractor/repairman in the business of performing home remodeling, building, repairs and other related tasks. 4. At all times material hereto the Defendants owned and operated a daycare center known as Cherub Early Childhood on their property at 323 West First Street, Boiling Springs, Pennsylvania. 5. On or about October 19, 1998 the Plaintiff and the Defendants entered into a verbal contract to complete work from draftsman's drawings for the improvement and repair of their premises. 6. Plaintiff is unable to attach a written contract to this Complaint in that the agreement was verbal. 7. The agreement between Plaintiff and Defendants was on the basis of time and materials at actual cost plus ten percent markup for the Plaintiff. 8. The Agreement also provided that billings were to occur monthly and were to be paid in full prior to the tenth of each following month. 9. Work was completed to the satisfaction of the Defendants in or about October 1999. 10. Total contract price was in the amount of $30,786.61. This amount was billed to the Defendants. Plaintiff provided an additional eight hours of work at $16.50 per hour for a total amount due and owing of $30,918.61 plus interest from the l0a` of November 1999. 11. Despite billings to the Defendants, the Defendants have only paid to the Plaintiff the amount of $29,052.59. 12. Despite repeated requests, Defendants have promised to pay the Plaintiff all amounts due and owing, but have in actuality failed to do so. 13. At all times material hereto the work was completed in a proper workmanlike fashion and to the complete satisfaction of the Defendants. 14. Defendants are indebted to the Plaintiff in the amount of $1,866.02 plus interest from November 10, 1999 at one and one half percent (1 %2%) per month. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $1,866.02 plus interest from November 1, 1999 in the amount of $762.04 for a total amount of $2,628.06. Date: ~~ II Q1 Respectfully submitted, ,l~ tiv~~~~~~~ Richard P. Mislitsky, Esgmre Supreme Court ID #28123 One West High Street P.O. Box 1290 Carlisle, PA 17013 (717)241-6363 Attorney for Plaintiff VERIFICATIOPT I verify that the statements set forth in the foregoing document are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: /0-/l ° l ~- R ER LSON !~ :~~ ~~ C:: '._. '~ ~+ '~. (ii" ~ - _ ~ `~ _ ;'S <.> =- - -<, c~ ; O ~T~ 'Sr' ROGER NELSON, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT J. GRIFFIN and ELIZABETH J. GRIFFIN, Defendants DOCKET NO. 01-05548 CIVIL 2001 CIVIL ACTION -LAW NOTICE OF ARBITRATION HEARING The Board of Arbitrators appointed in the above-captioned case has fixed Wednesday, May 8, 2002, at 2:00 p.m. at the Offices of Fenstermacher, Emery and Russo, P.C., 5115 East Trindle Road, Mechanicsburg, Pennsylvania, as the time and place for the hearing. Anyone finding this time unsuitable will please make appropriate arrangements with all counsel involved for another time. R. Fenstermacher, Chairman March 22, 2002 cc: Richard S. Mislitsky, Esquire One West High Street, Suite 208 Carlisle, PA 17013 Attorney for Plaintiff Charles O. Beckley, ll, Esquire 212 North Third Street Harrisburg, PA 17101 Office of Court Administrator One Court House Square Carlisle, PA 17013 Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 Attorney for Defendants David S. Brady, Esquire Four Central Boulevard Camp Hill, PA 17011 Bulletin Board COMMONWEAL_TN OF PENNSYWANIA - - -NOTICE OF COURT Oi COMMON PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No Q/„ NOTICE OF APPEAL Notice is-given that the appelknt has filed in the above Court, of Common Pleas an appeal from the judgment rendered by the District Justice on the dote and in the case mentioned below a y~ abut}, ~'. FaRiFFrn1 ~-(r-(fir;, Q`I-3-Q3 .__.~_.~ _,~o~~ VVr t~1TiJ5T' ~'~ /} ~ ..,,~ EZ.tN ~~~~E I,DOIl..l1~ICr P GS d~i9 /?e~G>7 ,n me ~nx ~r I r'Idlmrn/ n t{,@t¢ny~q ~~rr 34 D l /'V/~L.5o//i /coGEk' ~ ~~'tFFIN !"rlft.^t MRS, „o~+ER'j" ~a API, CLAIM NATURE OF OR ORNE OR 9GE T , ' cv 19 a~~~l?~d'*~Q~ LT 19 r I ' This'(;bck will be sgrLed ONLY when this notafion is required under Pa. R.C.PJ.P. N If ll t was A/MANY (See Pa. R.C.P.J.P. NO. 1Dbaa This'Nofice of Appeal, when received by the District Justice, will operate as a 1001(6) in agtidfr before District JUStiCe, he MUST SUPERSEDERS to the judgment f« possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary w Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE ~.TO FILE. (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(T) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAE6IPE: To Prothonotary Enter rule upon / ~d ~~ ~ / Y ~~ ~J Q ~ , aPPellee(s), to file a compkinf in this appeal - ., Name ar aopellee(s) (Common Pleas No ~~Lff~ r'Ia~J~ )within twenty (20) days after vice of nib w suffer entry of judgment of pros. :a f~ x~ s ar appea i s nis -r y a RULE: To if` d Ci~/t° /V~"~rs"~A/~ , appellee(s). flame ar appe/lee(s) (1) You are notified that a rule is hereby entered upon you ro fik: a complaint in this appeal within twenty (20) days after the date of service of This rule upon you by Personal service « by certified w registered mail ~~`>,' '~,'.X~ r. (2) B yglu ~o s1m~ file a edmpj`wriY: within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAfNST YOU. ,~ °~^ . (3) Thetlcte of service o~f/th~rs~ruk~jf;{ervice was by mail is the date of mailing. ~~ Date ,„~• °? ` , ~-=~/ H^rJ,~N%3r~. ~''~. pfr . a. ! Lf ar r r ~ .. L , ^;,~.. ~,A1., _ AOPC ~12-b~ 1 COURT FILE +~ ~~~~,~~ ~ ~~~v' ~ ~~~1~~ ~r ~~~~,a~. ~rvta Rt~LE s~ ~1~~-,~t~nPt~llvr -„ t7hrs prc~af of swrvrce MU5T' BE FILED NIfFNIN 1-EN 1701 RAYS AFTER filing the notlca oP appeatack~pJicapte baxesJ m m .--t -. CCFRNFhOtdH1~A1.Y d?€'PEPlPSSYt.VAPdIk ~~ t . ;'- L ,_i,~r Ue.1~ ~ L ~' - ' GGtt3Pd'r1` Qf-_____ ~. ; ss C G' ,~ "o C: -.-i ~~~ICP~,V`1T'o thereby svrear araffirm that 1 served ~G' ~' m i a cr.erv~ce) _ by personal se CN'CSy ( ) { g } , re s~ ipi attached hereto. and upon the appellee, tname) ~f,~.C~P r 1~ ~ fi®r~ , on .- ~a6k~1_. ~ by personal service ~.f+r {certified} (registered} mail, sender's receipt attached hereto. (~"andfurtherthatVsarvedthaR toFil aComplaintacccmpanyingtheabovehlotioeofAppealupontheappeilee{s)towhom !:he Ruse vuas addressed pn ~~~ c'~i~. a9Q1s._._, ~ by personal service Q'f y (certified} (registered) CtI- 554 ~~ -. ,~ . cop^; of the hlotice of A,p eel, t.,oenmon fleas No. _.._. ~ , upon the Cristrict stice_ciesi~ted therein on 'd to s ~-o~~-- ~ 1 rvioe certd r'~ister~d mail sender's rnai(, sander's reoeopt attached hereto. SWt)R~I #AFFtRME01 F,ND Ci?tY O befnra whomlSRptlsvtf was BEFORE ME ~~ ~ ~ i nature of alfiant 7!tla~aAfalat ~ •~~y e.' ~.~. My commission exR~Pes an ~~~r""~~ D Shtppansburp, Cumberland Coins t rey r~ m~ rssion Expire~,_„`~;~..e.:=.---~ S~o~ne~ be(-o~-e, , tee. b~ (Zobe~-~, ~ . Gr t ~t ;-, oily d~n to-a-o~ e ~ '. .~ n CA% ISt E Pp 17013 . . uz ~ paataga s X6.34 - ~. _ 0007 m ce~tigaa tea 6$ d ReWm HecElpt Fee . upcafmadc - = _, H&B ra ~naoesemen[RaquireeQ ,ti ~ ~ ~ ftasMClad tletivary Fee (ETtlorsmnem fieW(md) ' ~."9 p@. .~ '641`~6J<~ Total Poatege b Fees .p I7J a ens ame (Pleaea Prtn[ Cfeady) /r-,a compfafed by matter} ~ - 0 oGFR - E 50i./ !So ~ d~~i4AT L.sni~ Sve AUt. No.; or P N~~ p cvty, srata, aPt s ~ ~ - -. _ - t~ :~ ~,I ~ • ~ ~ .. • tNit fp11Ni 1ffiLLY SPRIilfiS PR !7665 "' 16.34 Postage E 6~7 - - ` . , m . canmaa Pea ~ - { ~ Relum Receipt Pee ~ c PasmW f~' Hare 1 T ~ -~ (FiidorsemeM Re4WrecQ "_ ' ~ Restricted pallvory fee (FJWOrsamem Required) ~ _ 6gJ~6~•~1 , 7bta1 Poamga A Fags ~ ---. N o eCpen s ame (toasoP nt Ctearfy)(1b fY114G.1T5T.J>k~ 09-3_03 •aomPtefed by maRar) :rSrJU/1. D•o Y -, o , Slreef, Apt NO.;, br P-~O~ax No. T sy- ,~ li,~r, ~ ~,~ a~ l~ ~,.~%,~Cx ¢~ ~ . - ~ crry, sreie,-nPt+ r7 oG S" ~. C~iff6NWEALTN OF PENNS~WANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nw O~„ ~ S~ ~~'Ar-! NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below ~.__............/na~ERT~: + Er!.ri+~6E:y`h -J, G~-RIFFltiIJ ETRI, 10~~~~.m®3~,.. 3a3 W Ff%257- ST. (~o;Lf"N~ ~PRif.IGS PA /7®07 $ 30% / nlE~ s~~/, Ro~~,'z ,~ G~fFFt"nlr r>a2. { rnfzs. R~6E>te~'; E~ ~~, cv 19 ~~aoD/P$-O/ LT 19 'This' bbtk will be signed-ONLY when this notation is required under Pa. R.CJ'J.P. Nd, 10Q8& This„ Notice of Appeal, when received by the Dishict Justice, will operate as a SLIPERSEDEAS to the judgment for possession in this mse Signature of Prothonotary or Deputy If apj~llaht was G"LAIMANT (see Pa. R.C.P.J.P. No. 1001((1) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE{OMPLAINT AND RULE TO PILE (This section o/YOim ro be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.dP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothoratary Enter rule upon G~/2 /(/EL appellee(s), ro file a comphiM in This appeal Mrme or appelk~e(sJ (Common pleas Nw Q/' ~JS~~ /t )within twenty (20) days after a vi~ru6 or suffer entry of judgment of n pros. r ) ~~ ,y ~ / ure W apps t a hs RULE: To !C4 ~s~~P /t/EC~SD/l~ , appellee(s). ~ apperpefa) (1) You are ratified that a rule is hereby entered upon you ro file a complaint in this appeal within twenty (20) days after the date of service, of this rule upon you by personal service or by certified or registered mail (2) ff you do not file a complaint within this Time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. ,,~ SignaMe W y DePrrb noPC a,z-ea COURT FILE TO BE FILED WITH PROTHONOTARY ~~mw~ua ~xxv~~.~wva~:~xa~~xst~,~u~~~ ~ :~~, .. ~~s.ur, ~. n . Y4,.~ PR{~F t8F ~ER~IE ~F N~7'I~E ~F AR~E.~L AN15 RULE TC3 FILE COMPLAINT (This proof of t~ervf;e MUST 6E ('SLED WtTHfN TEN (t0} DAVS Af'TER f1fing the notice of appea/. Cfiecfc applicable boxes) CC}&ik9ta#dW~ktTii_13F ~~A6!lSYt.V~WtA AFFICtA4t17'e I hereby swear or affirm that I served ~~ a cagy of the Notice of Appeal, Common Pleas Na. ~~_. ,upon the District 3ustice designated (herein on ,'dare of servicaj C_) by personal service ^ tPf (certified) (registered} snail, sender's ~eceipt attached hereto, and upon the appellee, rname) _ , on _®...__ 19 _. ~ i1 by persona! service [~ by {certified) (registered) mail, sender's receipt attached hereto. ^ and further thattservedtheRuletoFileaGompiainiaccompanyingtheaboveNOticeofFlppealupontheappeilee(s}to whom ~ihe Buie was addressed on ._..~.. ~_ , 19~.~ ^ by personal service ~ by (certified) {registered) nail, sender`s reoaipt attached hereto. S4V(~Ri~i (AFFIRMED} AND SUBSCRIBED BEFt7RE ME 7FiIS DAY C3F 19~ Signature of aftiant Sianeture of cl;k:rat 6etorn wYnm a8idavrY was msde Tifte of.3lfiafat hAY C9tiiitllS510i1 C%Firf~9 OI] +~. ~V` W `} ° tJ7 'ac~ to =_ --r ~ tv ;~; ~ r ~ ' ~ ~ i C' l ~ ~ . _ . y TG C ~Y f ~ i- ~ L ~~ ~ ~ri+ T- ~, `~ 1 V~ V Y l~ ~~ ~~~ ~~ ~~ "~' ~ COMMONWEALTH OF PENNSYLVANIA (;nl INrv nF~ CUMBERLAND Mag. Dist No.: 09-3-03 DJ Name: Hon. 3USAN R. DAY Atltlreaa: 229 MILL 3TRSST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ~ 486-7672 17065 SUSAN R. DAY 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA 17065 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME antl ADDRESS rNI3LSON, ROGER 150 PHEASANT LANE CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS GRIFFIN, MR. ~ MRS. ROBERT, ET AL.~ I' 323 W. 1ST 3T. BOILING SPRINGS, PA 17007 L J DocketNo.: CV-000019 8-01 Q, .. Date Filed: 7/06/01 ~ ` ~ il. THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Judgment was entered for: (Name) ~El gON uOr_xu Judgment was entered against: (Name) in the amount of $ 1 , 6~7 _ FD on Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ^ generally stayed. Objection to levy has been filed and hearing will be held: Date: Place: Time: 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 NOTI&E OF JUDGMENT/yPIANSC~pT FORM WITH YOUR NOTICE OF APPEAL, ~ ' ~ ~i Date ~~~~~.( I certify that this is a true nd correct copy of the reco. (Date of Judgment) A/aD/n1 (Date & Time) Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total . District Justice of the proceedings containing the judgment. Date My commission expires first Monday of January, 2004 District Justice SEAL AOPC 315-99 2 ROGER NELSON, PLEAS OF Plaintiff PENNSYLVANIA v. ROBERT J. GRIFFIN & ELIZABETH J. GRIFFIN, Defendants IN THE COURT OF COMMON CUMBERLAND COUNTY, NO.01-5548 CIVIL ACTION -LAW NOTICE TO PLEAD TO: Roger Nelson c/o Richard P. Mislitsky, Esquire You are hereby notified to file a written response to the enclosed Answer, New Matter and Counter Claim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO LAW OFFICES ~/ ~~/ ~~ Date on Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants ROGER NELSON, Plaintiff v. ROBERT J. GRIFFIN & ELIZABETH J. GRIFFIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5548 CIVIL ACTION -LAW ANSWER. NEW MATTER AND COUNTER CLAIM Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted and denied. It is admitted that the agreement between Plaintiff and Defendants was to provide a renovation of a building, to provide a Day Care Center at the home of Defendants which was to be based on time and materials; however, by way of further answer, the Defendants understood that the contract would not exceed $28,000 and there was never an agreement for a 10% markup. 8. Admitted. 9. Admitted and denied. It is admitted that the quality of the work that was finalized by the Plaintiff was satisfactory to the Defendants which occurred in October 1999; however, by way of further answer, the agreement between the parties was that all work would be completed on or before September 1, 1999 in order to allow the Day Care Center to be opened thereafter, 10. Admitted and denied. It is admitted that the amount invoiced to the Defendants was as stated. It is denied that this is an accurate figure based on true work provided by the Plaintiff and it is further denied that this amount was the appropriate amount to be billed to the Defendants because it exceeded their understanding that the maximum estimate was $28,000. Ii ~~ 11. Admitted. 12. Denied. Defendants have never agreed to pay additional monies and proof of such agreement is demanded at trial. 13. Admitted and denied. It is admitted that the work as performed was satisfactory to the Defendants; however, it is denied that the amount billed was proper for the work performed and, by way of further answer, Defendants reallege that the Plaintiff did not comply with the time issue of providing completion of work on or before September 1, 1999. 14. Denied. WHEREFORE, Defendants demand judgment against the Plaintiff. NEW MATTER 15. Defendants, Robert J. Griffin and Elizabeth J. Griffin, are owners of the Cherub Early Childhood Center I'ocated on their property at 323 West First Street, Boiling Springs, Pennsylvania. 16. In October 1998 Defendants entered into a verbal agreement with Plaintiff to complete total renovations of a building on their property which would allow them to operate this Day Care Center from their home. 17. The Plaintiff assured the Defendants, at the time of such agreement, that he could complete all necessary work pursuant to drawings provided to him by the Defendants for a sum not to exceed $28,000. 18. The Defendants demanded, and Plaintiff agreed, that the work would be completed on or before September 1, 1999 in order to allow the Defendants to operate their Day Care Center from that date forward and this time agreement was essential and of essence to the contract. 19. The Plaintiff and Defendants also agreed that the Plaintiff would utilize the summer months of 1999 to devote full-time attention to the project, specifically to ensure that the project was completed on or before September 1, 1999. 20. The Defendants were licensed to provide day care to twelve (12) children at their facility, upon completion, at the rate of $500 per month per child. 21. Despite repeated assurances by Plaintiff that the work would be completed in a timely fashion, the Plaintiff did not complete the job until the middle of October 1999; thus causing the Defendants to lose business income at the rate of $6,000 per month from September 1999 until October 1999. 22. In the middle of August 1999 as work continued to progress slowly, Defendants did contact the Plaintiff and advised him that for the last two weeks of August they would be away at the shore and were concerned that the September 1ST deadline was drawing near. 23. At that time the Plaintiff did assure the Defendants that he would work diligently during the next two weeks to complete the project in a timely fashion. 24. Thereafter the Defendants did go on an family vacation to the shore and upon their return, did discover, to their great dismay, that little or no work was completed on the project and that, in fact, they would not be able to open as scheduled in September 1999. 25. When confronted with his failure to complete the contract in a timely fashion, the Plaintiff complained that the extremely hot weather kept him from completing the work in a timely fashion, apologized for the same and promised to continue working diligently until the project was completed, which was not until the middle of October 1999, some six weeks later. 26. Subsequently, when the Plaintiff began to send billings in excess of the $28,000 original estimate, Defendants demanded a full itemization of all time and materials and discovered that the Plaintiff had marked up his materials by 10%. 27. The Defendants did not agree, at any time, to allow the Plaintiff to markup his materials by 10%. In addition, Defendants discovered that the Plaintiff added finances charges to the bill which, again, was never agreed to by the Defendants nor did Plaintiff comply with the requirements of Pennsylvania state law to inform Defendants, prior to the imposition of finance charges, that such would occur. 28. When Defendants reviewed the itemized billings ultimately received, they discovered that the Plaintiff had billed significant amounts of time for work spent during the final two weeks of August when, in reality, the Plaintiff admitted he did not do any work during this two-week period, however, he billed the Defendants for time and materials in that period of time. 29. The Plaintiff violated the terms of the oral contract by attempting to impose a 10% surcharge on materials when such an agreement was never entered with Defendants, by attempting to collect finance charges on his final bill when the Defendants were never advised that surcharges would apply, the Plaintiff billed for time and materials during the last two weeks of August 1999 when, in fact, he did not work during this period of time and the Plaintiff failed to comply with the terms of the contract in finishing the project in a timely fashion on or before September 1, 1999 which caused the Defendants significant financial losses. COUNTER CLAIM BREACH OF CONTRACT 30. The Plaintiffs failure to complete the work in a timely fashion on or before September 1, 1999, as agreed to by the parties and made an integral part of the oral agreement, has caused the Defendants to suffer financial losses in an amount in excess of $12,000. 31. The Plaintiff, by adding a 10% markup, to all materials obtained for the job violated the oral agreement in that he never advised the Defendants of his intention to do so, thus causing the Defendants to have over paid the Plaintiff by some $2,000. 32. The Plaintiff, by billing the Defendants for time allegedly spent at the job site during the last two weeks of August, when in fact he did not, has caused the Defendants to overpay the Plaintiff in the sum in excess of $2,000. WHEREFORE, for all the above reasons, Defendants request judgment in their favor and against the Plaintiff in the amount of $16,000. Respectfully Submitted, ~~ pate n Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 VERIFICATION 1, Ron Turo, Esquire, attorney for the Defendants herein, have sufficient knowledge of the facts contained in this Answer, New Matter and Counter Claim and verify that the statements made in the foregoing Answer, New Matter and Counter Claim are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. ~/ l ~l ~~ Date Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants CERTIFICATE OF SERVICE 1 hereby certify that I served a true and correct copy of the Answer, New Matter and Counter Claim upon Richard P. Mislitksy, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 6th day of November, 2001, from Carlisle, Pennsylvania, addressed as follows: Richard P. Mislitsky, Esquire 26 West High Street Carlisle, PA 17013 TURO lAW OFFICES _ Ron tutu, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for ~m.:s?-{k~t1A"~`.~$~»3.~~1.1 ,4~5say~]ieflT~~Y€ Yt)k~.. a`dT. p. Y~f1h. !, a .U - i-' ( ~ ~ _ ---7 K ~ ~> t~ ~~~~ I ,, . ROGER NELSON : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, :PENNSYLVANIA v. ROBERT J. GRIFFIN and ELIZABETH J. : NO. 01-5548 GRIFFIN, Defendant :CIVIL ACTION -LAW AFFIDAVIT OF SERVICE I certify that on the 15th day of October, 2001 I served a true and correct copy of the Complaint in the above-captioned case upon Defendant, Robert J. Griffm, by certified mail, restricted delivery, return receipt requested, addressed as follows: Robert J. Griffin 323 West First Street Boiling Springs, PA 17007 And that Defendant, Robert J. Griffin, did receive same on October 16, 2001 as evidenced by his signature on the enclosed return receipt card. Date: ~' ~ ~"~'`~ T CY L FINKENBINDER Legal A istant to Richard P. Mislitsky, Esquire Mislitsky & Diehl o- o "`~s ~° t ~ t r ~~~ m tl1 Postage $ r ~ / _ ...,_ Q' ~ti `~ r Certified Fee a' ~ (~ .'' f ~ ~ Ci ~~ '~ sa ff Return Receipt Fee `~ Her ~y) ` ~~ rT {Endorsement Requiretl) / r S \S p Restricted Delivery fee ~ ~~~ ? ~~ ~ 0 (Endorsement RegWretl) ~' ~ } ~ ~ ~a ~ Total Postage & Feas '~., S r SB~obe~-~.J~ - ~'!'FF!~-.--- -- ------- - ~`Wes~°"~.~s~._s~~-f- -_ o at ar / zIP! h 5 /~/j ~ 7Qd 7 r !! ~ - - - ~- T ~~ Complete items 1, 2, and' 3. Also complete A. Received by (Rleese Pnnt Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ^ P i d / R, J, G~1rFiN jp ~~ ~9~ r nt your name and a dress on the reverse Si ure C so that we can return the card to you. . ^ Agent ^ Attach this card to the back of the mailpiece, _ ~ ~ `r ~ b or on the front if space permits. ' Addressee ^ Y .D. Is delivery a ress ditfere Rem es i? 1. Artice Addressed [o: ~ ~ If YES, enter delivery address below : ^ No J~cbe y~ JI err! ~ n ' ' , 3~-3 W~e sk fi,-s¢ S~.e 0 I 1 + />,P S~ Y! I"iQ$ 1 ~~,GI 11 JJ Service Type rtifi d M ~ il ^~ M il 1yD~,~ e xpress e a a / ^ Registered ^ Return Recei pt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number Cop from service label) ~ Return Receipt PS Form 3811, July 1999 - Domestic to25as~ss-to-1786 fi~§'e~et:a^akLC-,.wti"ses:YS _.;. ...~M.F,.x..a..,.,a~ n.m ,~iw.~r.,iLar~S W ,..., .. R ____ .a.;- ~:,.`.;~,.~,! 7;~aat:~a~ ~~ ~. _~~~ W ~,. <> ~ `; __ re~~~ ~~ -, ~,~f .~ __ z~ , UI_'. ~ _ U` _`i.4 i {uj ~..-' ~.D • n _. C` W ~ Y C 1 N -< ~~ ~s t~ Roger Nelson, Plaintiff v. Robert J. Griffin and Elizabeth J. Griffin, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 01 -05548 CIVII, XXla~X2001 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard P _ Mi c 7 ; t ck~* F.cr; _ ,counsel forth plaintiff efendant in the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 2 , 6 2 8.0 0 The counterclaim of the defendant in the action is pe i i e The following attorneys are interested in the case(s) as counsel or aze otherwise disqualified to sit as azbitrators: Richard P. Mislitsky, Esquire and Ron Turo, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) azbitrators to whom the case shall be submitted. Res [fully subn~teclb s~ / /' G RICHARD P. MIS/L~V,II//LTSRV.Y~•,[~/ESQ foregoing petition, Esq., and _'/ actions) as prayed for. ;'-t9~d ~n consideration of the ~ / j Esq., ~L ~i Esq., are appointed azbitrators in the above captioned actin (or By the Cou P.J. ORDER OF COURT c~ ~_ 5_ ~ ;.., ;, ~ ~ O cn~> _ lV ~ ~ ~~ _~ ti 4 n ~t:, ,., ~ ':~ ., 'dlf~yA~A9E~,N~d u~!rt~~~ nrn,_~y~~~~~ ROGER NELSON : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, :PENNSYLVANIA v. ROBERT J. GRIFFIN and ELIZABETH J. : NO. 01-5548 GRIFFIN, Defendant :CIVIL ACTION -LAW AFFIDAVIT OF SERVICE I certify that on the 15a' day of October, 2001 I served a true and correct copy of the Complaint in the above-captioned case upon Defendant, Elizabeth J. Griffin, by certified mail, restricted delivery, return receipt requested, addressed as follows: Elizabeth J. Griffin 323 West First Street Boiling Springs, PA 17007 And that Defendant, Elizabeth J. Griffin, did receive same on October 16, 2001 as evidenced by his signature on the enclosed return receipt card. Date: ~ '-- _, 1. ~.( TRACY . FINKENBINDER Legal Assistant to Richard P. Mislitsky, Esquire Mislitsky & Diehl rmvw+r_..,. -..~ _...L..,.r.. _ __ law I . v~ 1 _ t 1 rLl m l7 {`u! ,~.,`a 4 4$a ~ ;*i 5 > t? gym:, r=*„' ~ , _ i ltT Pastege $ /S~ . Q' ^4,. ~ ~ Gertitled Fee ~ r / A Ratum Receipt Fee (Endorsement Required) rye ~ ' V V' ~ Postm e(p1 ", v o p ~ Restnctetl Delivery Fee (Endorsement Required) ~J~ ` d'V ~ ~ N p ti ~ ~ ~ Total Poataga & Fees g 7. 3 ~ i,7 ~; , M1 ..6 Sent To~j - q /! ~ - ~ NVv/=s~XN~!,S~ S~~A~r <V lC-C%d OM1 - C G/IZl~+4 J- ~/ -S f~ QV ~ Col~lete items 1, 2, and 3. Also complete f A. ReceiG kem 4-if Restricted. Delivery is desired. ~ - ~~ ~Z ^ Print your name and address on the reverse so that we can return the card to you. C. s' an ^ Attach this card to the back of the mailpiece, or on the front if space permits. D.- Is deG$, 1. Article Addressed to: - If YES, ~(l ZcZ1~-e~h ~ ~ ~n'I~~. 3 ~-~ `w~s~ F~ S~~f ~jal ~i' $ rim s ~~ t by (Please Print Clearly) B. Dat o/ /D/eli[ 7~HT~C's~FFJ/1/ /~~~/Ci tress ditferent7Fom item 1? V Yes delivery adtlress below: ^ No P S ) 3. Service Type 7dd~Certified Mall ^ Express Mail Registered ^ Return Aecaipt for Merchandise ^ Insured Mail ^ C.O.D. ` 4. Restricted Delivery? (Extra Fee) ~yeg 2. Article Number (Copy from service label PS Form 3S1 ], July 1999 Domestic Retum Receipt tozsss-s9-M-nee :., _ t<, ~' ~ ~d+.RT dfd'~.~~~.se~a.sw^ai'.~' ~a~,e~rNP£mnemi - :._ ... <.~~ . ~ _. 0 Q-~~.. ~ < P ~' Q ~ .S Ni u? s .*..,, -- ,..'_ c~* -c- ='; ,,.~ ~_~ -'~~i ::~ _~~ ~ir N -~ n c 2~rr m iT, _,_ !,_ U7 c {.._. ~'~l:i -<.; D` C r ~~ ~~~~ i u~.~,.,~.,: 1 ROGER NELSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT J. GRIFFIN and ELIZABETH J. GRIFFIN, Defendant NO. 01-5548 CIVIL ACTION -LAW PLAINTIFF'S ANSWER TO NEW MATTER AND COUNTERCLAIM NEW MATTER 15. Admitted. 16. Admitted. 17. Denied. It is denied that Plaintiff assured Defendants that all work would be done for a sum not to exceed $28,000. On the contrary, the agreement between Plaintiff and Defendants was on a time and material basis. Strict proof of the averments is demanded. 18. Denied. It is denied that Defendants demanded and it is denied that Plaintiff agreed that the work would be done on or before September 1, 1999. To the contrary, no specific time was mentioned by the Defendants. Time was not of the essence in performing work. Strict proof of the averments is demanded. 19. Denied. It is denied that there was ever any discussion between Defendants and Plaintiff as to a completion date for the work. The remaining averments of paragraph 19 can neither be admitted nor denied in that such averments are vague and cannot be answered. Strict proof is demanded. 20. Denied. The Plaintiff is without specific information, knowledge or belief to form an opinion as to the truth or falsity of the averments made in pazagraph 20. Proof is demanded. 21. Denied. It is denied that Plaintiff assured Defendants that the work would be completed by a specific date. It is admitted that the job was not complete until October of 1999. It is affirmatively averred that the Defendants requested that additional work be done from the time of the inifial discussions between the Plaintiff and the Defendants. The remaining averments in paragraph 21 can neither be admitted nor denied in that the Plaintiff is without specific information, knowledge and belief to form an opinion as to the truth or falsity of the averments. Proof is demanded. 22. Admitted in part and denied in part. It is specifically denied that work progressed slowly. To the contrary, all work done by Plaintiff was done in a timely, reasonable fashion. It is admitted that the Defendants advised Plaintiff that they would be away on vacation for two weeks in August of 1999. It is specifically denied that at any time Defendants were concerned or expressed a specific deadline for the completion of the work. Proof is demanded. 23. Denied. At no time did the Defendants indicate any specific time for completion of the work. It is further denied that Plaintiff made any assurances to the Defendants as to the completion date. Proof is demanded. 24. Admitted in part and denied in part. It is admitted that the Defendants were away on a family vacation. It is specifically denied that little or no work was completed on the project. It is further specifically denied that Defendants were unable to open their facility. By way of additional answer, at no time did Defendants discuss with the Plaintiff any specific time deadline for completion of the project. Proof is demanded. ~L ~.~: 25. Denied. It is specifically denied that the Defendants at any time complained about the progress of the work. It is further specifically denied that Plaintiff did not complete the work in a timely fashion. It is further specifically denied that Plaintiff at any time apologized to the Defendants. It is further specifically denied that any specific deadline for completion of the project was discussed. It is admitted that the project was completed in or around October 1999. 26. Denied. The approximate price quoted to the Defendants was $28,836.00 not $28,000.00. In addition to this there was additional work in the amount of $5,552.37. 27. Denied. Defendants were advised prior to commencement of work that the project would be billed on the 30s' day of the month for the work completed that month plus a markup of 10% which would be paid by the Defendants by the l Os' of the following month. 28. Denied. The Plaintiff worked the full time during this period. Defendants received a breakdown of actual time and material used during this period. 29. Denied. Defendants were aware that cost plus 10% markup would be billed monthly. Plaintiff did work the last two weeks of August 1999. No completion date was ever discussed prior to starting this project. Plaintiff further avers that if he had known at the beginning that there was a completion deadline he would not have agreed to take on this project. Furthermore, the Defendants hired an electrician and plumber who worked directly under their control. Plaintiff s work had to be coordinated with these trades. COUNTERCLAIM BREACH OF CONTRACT 30. Denied. It is specifically denied that Plaintiff failed to complete the work in a timely fashion. It is further specifically denied that at any time a deadline was discussed between the Plaintiff and the Defendants. It is further specifically denied that time was of the essence in the agreement between the Plaintiff and the Defendants. It is further specifically denied that the Defendants suffered any financial losses. Proof is demanded. 31. Denied. Defendants were aware of the 10% markup and agreed on this prior to starting the job. 32. It is specifically denied that Plaintiff did not work during the last two weeks of August. It is further specifically denied that Defendants have overpaid the Plaintiff. Proof is demanded. WHEREFORE, Plaintiff demands judgment against the Defendants and further demands that Defendants' Counterclaim be dismissed. IJ~ C~~~ Date Respectfully submitted, Richazd P. Mislitsky, Esquire Attorney ID# 28123 One West High Street P. O. Box 1290 Carlisle, PA 17013 (717)241-6363 Attorney for Plaintiff VERIFICATION I verify that the statements set forth in the foregoing document are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~----~ Date: "'~ r~.~`„~~ ROf[, RN LSON e CERTIFICATE OF SERVICE On this ~r ~ day of ~~ ~~'~ ~ , 2001, I hereby certify that I served a true and correct copy of Plaintiff s Answer to New Matter and Counterclaim upon Ron Turo, Esquire, attorney for Defendants, Robert J. Griffin and Elizabeth J. Griffm, by placing same in the United States Mail, first class, postage pre-paid addressed as follows: Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Cazlisle, PA 17013 TRACY L FINKENBINDER r. ~~ ~~r~ c:.. -- p ry -r: a' i~f n~~~, , ; _c:- - .a :~ .-: __ i ~~ _ jV - ~> C : ~11s' {J 17 G ROGER NELSON, v. Plaintiff ROBERT J. GRIFFIN and ELIZABETH J. GRIFFIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0.01-05548 CIVIL 2001 CIVIL ACTION -LAW OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office witt - We, the undersigned arbitrators, affirmed), make the following award: _ Date of Hearing: May 8, 2002 AWARD avin end ly pointe nd sworn or . NOTICE OF ENTRY OF AWARD ~___. Now, the ~ day of , 2002, at/a_rb, ~.m., the above award was entered upon the docket and noti a thereof given by mail to the parties or their attorneys. ~~ Arbitrators' compensation to be ~~ paid upon appeal: $ a4o.uv Prothonotary gyp- ity .s krr_. x-[.».~t& u. ,. -.:-.s.u~;~`sW~ pW~.!'~,r.~'tYh.>E z.N:. '• - _..rus~~a-s-. sl~tleiiz_d':!*a1~iil2e. .~ :. •,. . .... .. J.R h4 .LCG ~.=G •~•~~•• tr C~ASQ4 •. v~ ~~-~ ~: -~~~ ~: :~ , ~~, ,~ =} cn p I /Lt'tLE~ ~- ~t~/9.L~s ~ ~ rti.-CSC-~.out?i~ J ~y 6L14-~"re-~r'7 ~~' f