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Home My WebLink About03-2741 ..:eMMONWI"tTH Of PENNSYLVANIA COURT OF COMMON PLEAS C....... be....lav...t? G,,,,, f-., JUDICIAL DIftRICT R.,~e....+ \J, lI1AN/ov~ cr.- I -O'L NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 03 - ;:;r,1lf1 c lvi I NOTICE OF APPEAL .:::I1A11<- II ~0()3 Notice is 9i- that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case met .tioI1ed below, Al'I'B.lANr t NAME 1 f'lA~1<! /(~I1Lr N -rIJM AJ t.T/f fA S}', 11/11 ~Mr'fi? ROb e....-r V. frl AIIl LcJ II E.. AI'PEl1ANT OJY STAff ZI' ODE 'iI' >frif- e. Srl-re..e.r Z-IVol'i, fA- DA s r;;l~? NTHE CASE OF (Plaintiff' kit/ltC/II? II. B LML. vs. SIGNATURE APPElLANT A CV 000011.2... 03- LT This block will be signed ONLY when this nototion is required under Po. R.cP JP. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. ~;:nry Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. 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.CP.JP, No. 1001 (7) in action before District Justice. IF NOT USED, detach 1rom copy of notice of appeal to be served upon appellee). PRAECIPE. To Prothonotory Enter rule upon Lv, II t'eu.-. 1+. B lA<.L , appellee(s), to file a complaint in this appeal Nr of appelJee(s) (Common Pleas No. (')3 - ;} ? i..{ I c IV) ) within twenty (20) days af1er ....vice of rule or suffer entry of judgment of non pro~ ~~. . of appellant or his attorney Of agent \AMI,',....., [-I-. 13 LI'K-IC Nwne 01 _s) , appellee(s). RULE. To (1) You are notified that a rule is hereby enlered upon you to file a complaint in this oppeal within twenty (20) cloys af1er the dole of service of this rule upon you by personal service or by certified or regislered moil (2) If you do not file 0 complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of ....vice of this rule if ....vice was by mail is the date of mailing. of Prothor...... i or Deputy Dale: ..:T'"""", ~ J L. 2003. AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY In the Court of Common Pleas ofCumberla1W County, Pennsylvunm William H. Black Deborah A. Black Plaintiffs Civil Action - Law (Docket # 03-2741 Civil) v Mark Kerlin, T.D,B.A. Northeastern Home Improvements Defendant Notice to Defend You are hereby advised that the attached complaint has been filed in C\unberland County Court of the Common Pleas pursuant to the applicable Pennsylvania rules of civil procedure. You are hereby notified and ruled to file an appropriate answer pursuant to the Pennsylvania rules ofthe civil procedure. In the Court of Common Pleas of Cumberland County, Pennsylvania William H. Black Deborah A. Black Plaintiffs Civil Action - Law (Docket # 03-2741 Civil) v Mark Kerlin, T.D.B.A. Northeastern Home Improvements Defendant Amended Complaint And now, come the plaintiffs, and make the following claims against the Defendent(s): 1.) The Plaintiffs are a married couple residing at 1309 Mallard Road, Camp HilI, PA 17011-1224. 2.) The Defendant, Mark Kerlin, is an adult individual trading and doing business (T.D.B.A.) as the owner and operator of Northeastern Home Improvements, 417 State Street, EnoIa, P A 17025. 3.) In the alternative, the Defendant, Mark Kerlin, is an adult individwd who owns and operates a corporate business, Northeastern Home Improvements, located at 417 State Street, Enola, Pa. 17025, and at all times relevant to this Complaint, was acting both in an individual capacity and as a representative of Northeastern Home improvements. 4.) On or about May 7, 2002, the Plaintiffs entered into a written contract with the Defendent(s) for repair and replacement of the roof on their residence located at 1309 Mallard Road, Camp Hill, PA 17011-1224. Said written contract contained specific provisions regarding the nature and quality of work to be performed by the Defendant(s). A copy ofthe Contract is attached to this Complaint and incorporated by reference. In addition, said Defendant(s) made verbal warranties and assurances regarding the nature and quality of the work to be performed. The Defendant(s) made verbal warranties allld assurances that the work would be performed in a professional manner and that any deficiencies in the work would be corrected prior to final payment. 5.) On or about February 1, 2003, due to poor workmanship and quality ofthejob performed by the Defendant(s), the Plaintiffs roofleaked, causing damage to the Plaiintiffs home and requiring repair/replacement of the roof installed by the Defendant( s). Court I - Breach of Contract 6.) The allegations of paragraphs (1-5) are incorporated herein by refe:rence. 7.) The Defendant(s) have violated and breeched the written contract which they signed for repair of the Plaintiffs roof, wherein: a) The Defendant(s) failed to perform the roofing work in conformity with the written contract and accepted standards of workmanship, such that Ithe roofleaked, causing damage to the Plaintiffs home and necessitating repair/replacemenlt of the roof a second time. By way of further explanation, the shingles were installed in such a manner that the roofleaked in the area of the Plaintiff's back porch roof, causing water damage to the interior ofthe Plaintiff's home. Beyond this, the roofleaked in the area of the Plaintiff's chimney, where flashing was not properly installed. In addition, the roof vent on the top of the Plaintiff's roof was installed upside down, requiring repair/replacement in order to prevent heat damage in the Plaintiff's attic. Finally, the Defendants damaged the Plaintiffs gutters and failed to replace rotten/warped plywood on the Plaintiff's roof{per the written contract), requiring removal of the shingles and repair by another contractor. b) The Defendant(s) failed to perform the roofing work pursuant to accepted standards of workmanship and quality of workmanship, and failed/refused to make repairs or correct deficiencies in the work performed when said was re'quested. c) The Defendant(s) made multiple appointments after the Plaintiffs roofleaked to inspect the damages but failed to appear or follow through, requiring the Plaintiffs to incur costs for a second repair/replacement oftheir roof by another contractor. Wherefore, the Plaintiffs demand judgment be entered against the Defendant(s) in the amount of$7128.32 plus any court costs associated with the pending litigation. Court II - Breach of Written, Verbal and Implied Warranties 8.) Paragraphs 1-7 of the Complaint are incorporated herein by reference. 9.) The Defendant(s) breeched the written, verbal, and implied warranties of good and quality workmanship offered at the time the Plaintiffs entered into a contract with the De:fendant(s) for repair of their roof, as follows. a) The Defendant(s) provided written warranties from the manufacturer of the shingles used on the roof, but voided said warranty by the poor and Improfessiona/ manner in which they applied the shingles. b) Defendant(s) expressly stated they would not "slap a roof on in one day", and made other verbal assurances regarding the nature and quality ofthe work they intended to perform, which warranties and assurances were violated. c) Defendant(s) were offered multiple opportunities to inspect and repair deficiencies in the roofing work performed, which deficiencies were expressly pointed out at the time final payment for the roofing work was made. The Derendant(s) violated a verbal agreement to return and repair remaining deficiencies in the roofing work iffinal payment was provided by the Plaintiffs. d) Although specifically called for by the written Contract, the Defendant(s) failed/refused to issue the Plaintiff's any written warranties regarding the roofing work which they performed. 10.) As a result of the poor workmanship and negligence of the Defendant(s) and the Defendant's failure to correct deficiencies in the roofing work performed per the written contract, the Plaintiffs were forced to expend sums for emergency repair oftheir roof, and ultimately for repair/replacement of the roof by another roofing contractor, which sums totaled $7,128.32. Wherefore, the Plaintiffs demand judgment against the Defendant(s) in the amount of$7128.32 plus court costs of the pending litigation. Count III - Negligent Performance of Written Contract 11.) Paragraphs 1 - 10 of the complaint are incorporated herein by rl~ference. 12.) After the Plaintiffs roofleaked in February of2003, the Plaintiffs attempted on multiple occasions to get the Defendant( s) to inspect and repair the leak, and after multiple attempts, were forced to incur costs for temporary repair/cover oftheir roofand for repair/replacement of the roofby another contractor. 13.) The Defendant's negligence in performance of the written contract to repair the Plaintiff's roof required the Plaintiffs to make emergency repairs to a leaking roof in February of2003, and ultimately to expend additional sums for repair/replacement of their roof a second time. Wherefore, the Plaintiffs seek damages of up to $7128.32 plus court costs associated with the pending litigation. Respectfully Subn~ ~;t- Robert A Taylor Attorney for Plantiff's VeriitafioD I hereby agree and verifY that the facts set forth in the above complaint are true and correct to my knowledge and belief. MI/,'I4t11 f/. ~'04JL ~ ;/. r-u:i Certificate of Service I hereby verity under penalty of law that the above Amended Complaint was served on the parties listed below on 7/15/04 by placing a copy in the U.S. mail. Mark Kerlin, T.D.B.A Northeastern Home Improvements 417 State Street Enola, PA 17025 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, P A 17111 Prf () ~-;~ ,1~r': (>-.' ~~ >'"'- i;:(-_: :c::~ , -< "" = ,= ..c- <- c- r= o 'n :yl hi ::n r- 7}rn .DO C:Jl ;}13J -~~;. C) ()rn ,:~j ?2 C') :z:,. :1: ~C? PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF . ss AFFIDAVIT: I hereby swear or affirm that I served o a copy at the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) 0 by personal service D by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, ' on __ ......~~,_ D by personal service D by (certitied) (registered) mail, sender's receipt attached hereto. D and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on D by personal service D by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ',vas My commission expires on o ~,: C..J C) .~-; to -<---- <t. '" ~>- t-.....-. >c L~ -, , r"') N ."0 (}i -..l.'"J -< 03-?.1L/1 QI~d 03/24/2000 23:55 834-5905 PAGE 01 COMMONWEALTH OF' PENNSYLVANIA' COUNTY OF: CUMBERLAND Milg. Di!\\. No.. 09-1-02 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF/JUi:>GME~~~O~~:D~"S .., fBLACK, WJ:LLrAM W'; 1309 MALLAlW RD CAMPHJ:LL, PA 17011-1224 L .J 0,,1 Nill'l1e: I-lQn. ROBERT V. MANLOVE ^'9!~~" .1901 STATE STREET CAMP HJ:LL, PA T~"",. (717 I 761- 0583 17011-0000 VS. DEFENDANT/JUDGMENT C~II,gfbD"ESS .1iARK KERLIN TDBA NRTH EAST. 417 STATE 91' ENOLA. PA 17025 L HMJ:MPR MARK ItBRLJ:N TDBA NRTH EAST. 11M IMPR 417' liITATE ST ENOLA. PA 17025 Docket No.: c:;v- 0000122 - 03 Date Filed: 3/18/03 .J ~ ~ '1 T'-IS IS TO NOilFY YOU THAT: Judgmeril: ' - FOR PTI1{TtI1'I'TF1I' Ii] [jJ Judgment was entered for: (Name) RT.al'!ir I WTT.T.T"" l:r Judgment was entered against: (Name) 'MAllY Jr1i!VT.l"N TnRA NR'MI R:a.A'1' RV TMPR in the amount of $ 7 1?R "12 on: (Date of Judgment) (Date & Time) 1l;,/11:i:/n<:l """'-.....'" p .>",1':.., ."':".' LJ o o Defendanlsare jointly and severally liable.' Damages will be assessed on: Amount of Judgment Subject to Attachment/Act 5011996 $__..._ Amount 01 Judgment $ 7.000.00 Judgment Costs $ 128.32 .Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 7.128.32 Post Judgment Credits $ Post Judgment Costs $ ==.=~======= Certified Judgment Total $ This case dismissed without prejudice. ANY PARTY HA~ THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK O~ THe COURT OF COMMON PLEAS, CIYIL DIYISION. 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 CIYII. PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER EI.ECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PI.EAS, AI.I. FURTHER PROCESS MUST COME FROM THE COURT O~ COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OP COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FII.E A IIEQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ ~~.::;,\~:,~~:.::'~ ~;~~:~~ ~',~: >~ . ;:.. , ......_~:,...., " ~~,,:...;: ~~"t,,~':~~ Di~ilk;.t,..JLi$.tice .... ....'..... ~ Date I ce?ily \pal this is a tru~ f t e proCeeding~~6i'1~~in!:t~e,~oQme:n.!:; 0 (' --- 0- -.., c- :;"" ~ ~ ,~ --t,j;.. -' Q;j .. ~ ~ -!"-----::.c_ /. (r' ......' >.'I ~. -- r~:, vJ :....:r VI ~~'. C>q , ~ L_ -- , ~ ~ ~. ~") ~ ',.J C>o '1 C; t ~. ,~ ....._....... ~-_D'..."".._...,..~.. ,., ,,~....-"".,....- ,. ^ ......."". '" 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 oFCUI'14(l:'l4~__u__; ss AFFIDAVIT: I hereby swear or affirm that I served . . o a copy of the Notice of Appeal, Common Pleas No...Q3.::;.z.~.CiuJ. upon Ihe District Justice designated therein on (date of service) ~....""~ ,"1..........2..003._., 0 by personal se..rVice ~.. b./J/.rt.ified) (reg.i.s. Ie.. red) ma...i..I.. .sender'S receipt attached hereto, and upon the appellee, (name)~,-I/""lor..1_ . ~~. .. _'_' on :L..""'1~ 'L,:too.3 ..... 0 by personal service Dill. by (certitied) (registered) mail, sender's receipf attached hereto. o and furthel that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ..w,I,,~..Q~\t--=-' 0 by personal service lii:l. by (certified) (registered) mail, sender's receipt attached hereto. or. ... 11 .., <.I ~ J e~ ...1.1.11--. ,.. -~~~~~i~~afflant SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS~~__ DAY OF J/J..!J.!__,j,()CJ.i1 u.s. postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage PrOVIded) ". /fLe." -I.~__ srgnaf1~'fJdfitraT~fore wl10m affidaVit was made )0- cr: .if ~::.: W~ o.c ~::~~-' rjr'_ -r ( r- '" (j, :r.: ..::: >- 2: '.J<( Ck- . "\2; ~~ '-.J >- -;~ .,-.-,.. )JLb ~~l1 Q 5 () Return Receipt Fee ~ (Endorsement Required) $0.00 CJ Restricted Delivery Fee CJ (Erldorsement Required) $ H.o\2 CJ 1'btal postage & Fees ..D g; s'1k~tJ.9.r.Q,Ue...Bd.lfd..Y:...mqm.!.""~""""'"'''''''''''' f\.I s i",.I, ApI. No.; S L f Jj o 0,' PO 80x No. /90/ .1,[Li;..mm.:.m...m....mm...mmm-..mn ~ ciiy,..si.ie;..ip;.:;,......I~;. J f1' / 0 II CAmi' Hlfi pa 17\M postage $ ~O. 37 My commission expires on 0- [T\ [T\ [T\ ,..'I o ,..'I r'- Certified Fee NOTARIAL SEAL NANCY L. ANDEASON. NolIIIy PublIc Hampden Twp., Cumborland CounIy My Commlaslon ExpII'll8 Jan. 28, 2fXf1 .~,' U::i." ,-.. ,..'I o ,..'I r'- Certified Fee u... o ~ ~ =) M <::) ru Return Receipt Fee c::J (Endorsement Required) c:J FlestrictedOefiveryFee o (Endrnsement Required) ~rotal Postage & Fees $ $0.00 ,/ ,,,\..,,~ \' 0108 ,p '(0 ' 9 ..::'. .'. c~f~ '\-(,,'- "'1 J ~~6f*ijOO~/ CL o ..D .:T s,m'To, ,I B o vvillia.m H. Ia.c/<. n.J si.reei,-jfpi:'lo.;-.-.u...-....-.------------.-.-...-.--------------------.--........--..---.. S! ~~~~.~~~~~:m_!.~9.,f..JJ1.rdb d Road ~ CI"y,Slala,ZIP+4 . I pfj m-j-7uj'im.mm-m....'..m :.. $0\.0\2 ,.. co" "~,.~~,_T_.~. 'C'''_~;:-'",,:''''":'__' _ .."..-"........". -. .'":'~..--:~'.,..".-":;--.lW>,.i'c:.Ut,~:?\'"~ .. ,.~;.'""~.~[\''"...,,''.: ':':"':.~.,,:,.,..~ .:' '_lC1<"',"~"V."',,,", "'""."'..M' C___IALT" Of PINNSYLVANIA COURT OF C__N PLlAS C.....-i L.e..).q ",,,II Go..... t-, fUDICIAL DihRICT R'Q~."+ \l, MANlov~ q - I -0 '- NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT C__PLEASN... 03~onl.fl (' I'vil NOTICE Of APPEAL ~1l" II ~0(')3 Notice i. gi_ that the appellant has filed in the above Court of Cornman Pleas an appeal from the judgment rendered by the District Ju.tice on the date and in the case n.. mOiled below. f.fZLr:N MJG. . NO. NAME D.J. Rohef"-r V, l11/ftVwv ~A ZPC f 11~ 2S' (D<Iondw>t) s- IV, "" LrrtJ gGNAT~~ ~~~ CV OOl'lOP? -03- lT This block win be signed ONLY when this nolaffon i. required under Po. R.CPJP. No. 10088. This Notice of Appeal, when received by the District Ju.tice, win ~Ie a. a SUPERSEDEAS to the judgment for posse.sion in this case. Signatute of Prothonotary or Deputy "appellant was CLAIMANT (see Pa, R.GP.JP. No. 1001 (6) in action before District Justice. he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. R~LEJ To IJ. ),fl.'....... Ii __1:/ I't< ~ Nsmtl '" s) , appeIlee(.). (1) You are nofffied that a rule i. "-by enhIred upon you to file a complaint in this appeal within twenty (20) day. afler the date of _vice of this nrJe' !JP'll,yau by personal .ervice or by certified or regi.tered mail '(2) lfyoO do';"t flIea~int within thi. ffme, a JUDGMENT OF NON PROS WIll BE ENTERED AGAINST YOU. , ~:s........~ (" ',: ) ( I'-,~i oI__t or 0Ipu/y '. (3) The date ai_vice c,f.tlj~ rule ff .ervice was by mail i. the date af mailing. , ,.0 ,- , ". ,",' '," AOPC 312-90 COURT FILE In the Court ofConunon Pleas ofCumberJand County, PellllSylvania William H. Black Deborah A. Black Plaintiffs Civil Action - Law (Docket # 03-2741 Civil) v Mark Kerlin, T.D.B.A. Northeastern Home Improvements Defendant Notice to Plead You are hereby advised that the attached complaint has been filed in Cwnber1and County Court of the Conunon Pleas pursuant to the applicable Pennsylvania rules of civil procedure. You are hereby notified and ruled to file an appropriate answer pursuant to the Pennsylvania rules of the civil procedure within 20 days of the filing of the complaint or face judgment of default. In the Court of Common Pleas of Cumberland County, Pennsylvania William H. Black Deborah A. Black Plaintiffs Civil Action - Law (Docket # 03-2741 Civil) v Mark Kerlin, T.D.B.A. Northeastern Home Improvements Defendant Complaint And now, come the plaintiffs, and make the following claims against the Defendent(s): 1.) The Plaintiffs are a married couple residing at 1309 Mallard Road, Camp Hill, PA 17011-1224. 2.) The Defendant, Mark Kerlin, is an adult individual trading and doing business (T.D.B.A.) as the owner and operator of Northeastern Home Improvements, 417 State Street, Enola, P A 17025. 3.) On or about May 7, 2002, the Plaintiffs entered into a written contract with the Defendent(s) for repair and replacement of the roof on their residence located at 1309 Mallard Road, Camp Hill, PA 17011-1224. Said written contract contained specific provisions regarding the nature and quality of work to be performed by the defendent(s). In addition, said defendant(s) made verbal warranties and assurances regarding the nature and quality of the work performed. 4.) On or about February 1, 2003, due to poor workmanship and quality of the job performed by the Defendant(s), the Plaintiffs roofleaked, causing damage to the Plaintiffs home and requiring repair/replacement of the roof installed by the Defendant( s). Court I - Breach of Contract 5.) The allegations of paragraphs (1-4) are incorporated here in by reference, 6.) The Defendant(s) have violated and breeched the written contract which they signed for repair of the Plaintiffs roof, wherein: a) The Defendant(s) failed to perform the roofing work in conformity with the written contract and accepted standards of workmanship, such that the roofleaked, causing damage to the Plaintiffs home and necessitating repair/replacement of the roof a second time. b) The Defendant(s) failed to perform the roofing work pursuant to accepted standards of workmanship and quality of workmanship, and failed/refused to make repairs or correct deficiencies in the work performed when said was requested. c) The Defendant(s) made multiple appointments after the Plaintiffs roofleaked to inspect the damages but failed to appear or follow through, requiring the Plaintiffs to incur costs for a second repair/replacement of their roofby another contractor. Wherefore, the Plaintiffs demand judgment be entered against the Defendant(s) in the amount of$7128.32 plus any court costs associated with the pending litigation. Court II - Breach of Written, Verbal and Implied Warranties 7) Paragraphs 1-6 of the Complaint are incorporated herein by reference. 8) The Defendant(s) breeched the written, verbal, and implied warranties of good and quality workmanship offered at the time the Plaintiffs entered into a contract with the Defendant(s) for repair oftheir roof, as follows. a) Defendant(s) provided written warranties from the manufi:1cturer ofthe shingles used on the roof, but voided said warranty by the poor and unworkrnanlike manner in which they applied the shingles. b) Defendant(s) expressly stated they would not "slap a roof on in one day", and made other assurances regarding the nature and quality of the work they intended to perform, which warranties and assurances were violated. c) Defendant(s) were offered multiple opportunities to inspect and repair deficiencies in the roofing work performed, which deficiencies were expressly pointed out at the time payment for the roofing work was made, The Defendant(s) violated a verbal agreement to return and repair remaining deficiencies in the roofing work if final payment was provided by the Plaintiffs. Whereas the Plaintiffs dernandjudgment against the Dcfendant(s) in the amount of$7128.32 plus court costs of the pending litigation. Court III - Failure to Mitigate Damages 9) Paragraphs 1 - 8 of the complaint are incorporated herein by reference. 10) After the Plaintiffs roofleaked in February of2003. the Plaintiffs attempted on multiple occasions to get the Defendant(s) to inspect and repair the leak, and after multiple attempts, were forced to incur costs for temporary repair/cover oftheir roof and for repair/replacement of the roofby another contractor. Wherefore, the Plaintiffs demand damages of up to $7128.32 plus court costs associated with the pending litigation. R~ 0dtJMflJ EC~ William H. Black Deborah A. Black VerificatioD I hereby agree and verifY that the facts set forth in the above complaint were true and correct to my knowledge and belief. William H. Black fi/L;"" / 1-J. ~ v k~otc~tx{f A. Black Certificate of Service I hereby verity under penahy of law that the above complaint was served on the parties listed below on 6/24/03 by placing a copy in the U.S. mail. Mark Kerlin, T.D.B.A Northeastern Home Improvements 417 State Street Enola, PA 17025 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 William H. Black ;Jj/Le, / ;-J. ~/, ~ . " 8 0 0 w ", s: e 'r spm fn Z f" ,:Q :t! N '-:Jm ~C; ..,. :BZ -<;,~ kC' .~ " '..'-r, i- ::n ~o :x <;Jo 5>8 '& om % N g :< -l:" -< WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs : IN THE COURT OF COMMON : PLEAS OF CUMBELAND COUNTY, : PENNSYL VANIA v. : NO. 03-2741 Civil MARK KERLIN tJdlb/a NORTHEASTERN HOME IMPROVEMENTS, Defendant : CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. rfyou 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 Defendant. 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 (800) 990-9108 NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo a1 partir de 1a fecha de la demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objections alas demandas en contra de su persona. Sea ayisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y port cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SEVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA COY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Date:~ l ~j ..loo~ , ~ aregory R. Reed, Esquire Attorney for Plaintiffs 3120 Parkview Lane Harrisburg, P A 17111 (717) 238-0434 Attorney LD. No. 23705 WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBELAND COUNTY, PENNSYLVANIA v. : NO. 03-2741 Civil MARK KERLIN t/d/b/a NORTHEASTERN HOME IMPROVEMENTS, Defendant CIVIL ACTION - LAW PRELIMINARY OBJECTIONS NOW COMES, Defendant NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., incorrectly identified in the caption as MARK KERLIN t/d/b/a1 NORTHEASTERN HOME IMPROVEMENTS, by and through its attorney, Gregory R. Reed, Esquire, and files these Preliminary Objections to Plaintiffs' Complaint and, in support thereof, avers as follows: BACKGROUND 1. Plaintiffs', WILLIAM H. BLACK and DEBORAH A. BLACK, filed a Complaint to the above docket, a copy of said Complaint being attached hereto, marked Exhibit "A" and incorporated herein by reference. 2. The Defendants named in the Complaint are MARK KERLIN (presumably as an individual) and NORTHEASTERN HOME IMPROVEMENTS (presumably as a sole proprietorship). 3. The Complaint alleges that Plaintiffs entered into a written contract with the Defendants for the repair and replacement of a roof on their residence located at 1309 Mallard Road, Camp Hill, Pennsylvania. 4. The Complaint is broken into three counts, to wit: Count I "Breach of Contract," Count II "Breach of Written, Verbal and Implied Warranties," and Count III "Failure to Mitigate Damages." 5. Pennsylvania Rules of Civil Procedure No. 1028(a)(2) permits the filing of Preliminary Objections to pleadings that fail to conform to law or rule of court. 6. Pennsylvania Rules of Civil Procedure No. 1028(a)(4) permits the filing of Preliminary Objections to pleadings that are legally insufficient. PRLEMINIARY OBJECTION NO. I - DEMURRER TO COUNT II (Breach of Written. Verbal and ImDlied Warranties) 7. Paragraphs 1 through 6 inclusive hereof are incorporated herein by reference as though fully set forth herein. 8. The alleged statement that "they would not slap a roof on in one day, and other assurances" are not warranties. 9. Plaintiffs allege no warranties, express or implied, verbal or written made by the Defendants. 10. Plaintiffs Count II is legally insufficient as a breach ofwarranly count. WHEREFORE, Defendant respectfully demands that its demurrer to Count II be granted and such claims dismissed. 2 PRELIMINARY OBJECTION NO. II - DEMURRER TO COUNT III (Failure to Mitil!ate Damal!es) 11. Paragraphs 1 through 10 inclusive hereof are incorporated herein by reference as though fully set forth herein. 12. Count III of Plaintiffs' Complaint purports to seek damages based upon a "failure to mitigate damages" cause of action. 13. There is no cause of action for failure to mitigate damages in that it is a defense availability to Defendants. 14. Count III of the Complaint fails to state a cause of action against Defendant. 15. Plaintiffs have failed to state a legally cognizable claim under Count III. WHEREFORE, Defendants respectfully demand that their demurrer to Count III be granted and such claims be dismissed. PRELIMINARY OBJECTION NO. III (Motion For Specific Pleadinl!) 16. Paragraphs 1 through 15 inclusive hereof are incorporated herein by reference as though fully set forth herein. 17. In Paragraph 6 of Plaintiffs' Complaint they allege the violation and breach of a written contract but Plaintiffs failed to attach a copy of the written agreement. 18. Furthermore, Plaintiffs' allege in Paragraph 8 oftheir Complaint that Defendants breached written warranties but Plaintiffs failed to attach a copy of written warranties. 19. Pennsylvania Rule of Civil Procedure No.lOI9(i) requires that all written 3 agreements and/or warranties be attached to the Complaint. WHEREFORE, Defendant prays your Honorable Court to enter an order requiring Plaintiffs to attach to an amended Complaint all writings referred to in their amended Complaint and in lieu thereof dismiss Plaintiffs' Complaint. PRELIMINARY OBJECTION NO. IV (Motion For More Specific Pleadinl!) 20. Paragraphs 1 through 19 inclusive hereof are incorporated herein by reference as though fully set forth herein. 21. Pennsylvania Rule of Civil Procedure No. 1019(f) and other pertinent law require specific stating of averments of facts, places and items of special damages, which requirement Plaintiffs have violated, as follows: (a) Failing to specifY or identifY the written, verbal and/or implied warranties allegedly breached; (b) Failing to identifY, state or specify the basis ofPlaintifrs claim of$7,128.32, its components and how it was calculated; and (c) Failing to identifY, state or specifY the alleged deficiencies in workmanship. WHEREFORE, Defendant prays your Honorable Court to enter an order requiring 4 Plaintiffs to plead more specifically the matters listed above and in lieu thereof dismiss Plaintiffs' Complaint. Date: "7 ) Il\eO ~ ~/ dregory R. Reed, Esquire Attorney for Defendants 3120 Parkview Lane Harrisburg, P A 17111 (717) 238-0434 Attorney J.D. 23705 5 CERTIFICATE OF SERVICE AND ADDRESSES AND NOW, this/lf"&ay of July, 2003, I, GREGORY R. REED, Esquire, Attorney for Defendant, do hereby certifY that I have this day served upon Plaintiffs, by first class mail, to the following address: William H. Black Deborah A. Black 1309 Mallard Road Camp Hill, PA 17011-1224 ~~4 Attorney for Defendants 3120 Parkview Lane Harrisburg, Pennsylvania 17111 (717) 238-0434 Attorney I.D. 23705 (') Cl 0 c._ (...,) n :;"." , -0 c. r n1 I -~ ., ~ Z i., ,-- I": (J) .. 1 -< r::::... " ~~~ 5'~1 ((1 L./-- >- , ( ~':":1 .. ":--. ':':J :2 'D ~< William H. Black Deborah A. Black Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-2741 Civil Mark Kerlin t/dlb/a Northeastern Home Improvements Defendant CIVIL ACTION - LAW ANSWER TO PRELIMINARY OBJECTIONS BACKGROUND 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. PRELIMINARY OBJECTION NO. 1- DEMURRER TO COUNT II 7. Admitted. 8. Denied. By way offurther answer, said statement was made to the defendants as an assurance they could inspect the plywood sheets, before the roofwas covered. 9. Denied. 10. Denied. Wherefore, Defendants Demurrer to Count II of the Complaint should be denied. PRELIMINARY OBJECTION NO. II - DEMURRER TO COUNT III 11. Admitted. 12. Admitted. 13. Denied. 14. Denied. 15. Denied. Wherefore, Defendants Demurrer to Court III ofthe Complaint should be denied. PRELIMINARY OJBECTION NO III 16. Admitted. 17. Admitted. By way of further answer, a copy ofthe written contract is attached. Said contract has been in the defendant's possession at all relevant times and the defendants are and were aware of the written contract. 18. Denied. Written warranties are contained in the written contract. 19. Denied. By way for further answer, a copy of the contract containing written warranties is attached. Wherefore, the Defendants Preliminary Objection No. III should be denied. PRELIMINARY OJBECTION NO. IV 20. Admitted. 21. (a-c) Denied. By way offurther answer, all warranties, damages and deficiencies in workmanship were identified in written documentation provided at a hearing before District Justice Manlove and have been identified to the Defendants. Copies of these exhibits are attached. Wherefore, the Defendants Preliminary Objection No. IV should be denied. ~ -,;- MIM... _"N I'INIUYLYANIA aulltlAu ~'S \'\' I,~A,~~ /', , ()\~ j~~ - HOME .:-tv IMPROVEMENTS m ALCOA 125 North Enola Drive . Suite 106 Enola, PA 17025 )]17) 732-3600 Name: 1/' /1 /-7' ." ,,tZ,{.l <F Il @ ,/. ~ Home Phone: L-J 77 D- ::.6; MaDing ,~.. /' <;...' .;7 ,/,/ Business Phone: ( ) Address: / jU l /;t;~ ""..-"'" "",=_~..,A City: ,...-;.......:!'" // .././ State: .,;;:',,';,,1 Zip: / /" l/we. the owners of the premises descJlbed below, hereinafter referred to as 'Purchaser" offer to contract with NQrtheastem Honle Improvements. hereinafter referred to as 'Contractor" to furnish. to deliver and arrange for installation 0' all materials necessary to improve the PREMISES LOCATION AT: .>":..,,": ,',~ ~-~ ...;::. ~_-e. ,;:>,"-;7 '7~- (CITY) (STATE) (ZIP) (STREET) $JOOIdlng to the fOllowing specifications: :;--:)..~::;.. ~ ... < .;;.:-. " "".,,~ ,,0(" /-- .:?/"'.- ;~:. ,.-l> " ,<~~~~-~._,;_u ,(,:./ "..~ :_;~ !' ~.~ :/ ~>,,".11f,~ ,;;.....~ ," "/" ..' I"'k/ /',...<eP (~.....,/jI j/ ~;,/ ~,........ c/' .-':;;~-"-'''''''.({ / )..,,,,,~..,....l/-;';;;' ;f:::" ....:::..fo..'/.. '''J.,..-+-- "':/l.c:.<~ ,!""'-' . 'l;~ ._~" -.,~ V-" -; _4'~/' /2'7 .:.<:,//.../ /,- c;";,,.~.,,;;i~ ..~;. c' /'(> . .1_<" F' ...;' "," -~~, "'- ",.'/ :;' ,() c? ~r, .:..,.,.,/ .,.,t,.- 0 ,;:;<"'",,,, / /' (~,_....- -' -' I;,..;; ."" ,.-'-' ;,n:;;J-I;- ,.;.,...' ~ -".v~ ',< / .;0:' ~'" ''T{ ~,:;' - ~. :':-"r..." C.'.,.:"" ,:..... /....{../~( ,,..,."" <.~,.....";>jr i'''''' ./ /,.&J ""J ,,(.. "-.:...,./.,",;- ..... .A- r{;;_~ >1' ,:,r"1'J.",A:~'k- ../I.-",_~, /' .A~, , j ...... ,c. .') , :~'/,,,,,,,j?' '""" ,~.tl'-~ ",1::. " i ;jJ..- ; ,,' .---' ,.{>.~, , ' ..~~:--r .' .,,) ~.' " C;.I,;-,.."." i ..,' "f' <'.__.;'>..J J ) -1: ,rtt;~ ,r'/'" ':':":~.) ,'j. /-/'1..-'" , ./ " / "'~~ ./..., ~ f j ,-"<;', ,:::),::../>/( l' j ~-~-<t:,/ " /i C.f/ "...t_.Y'<;, /' ~'" ,- .of' ( .~. .~ 0..,.......,., "'-... ..f ,.-.:." .,~." / ,1"___...,,"7", / ",,;~'I<""'"""~' J .c -,<~,. ,.c ,('"., ~1' ,/' ,::~-<::'?+'V .'J,< /..,~.& i~::>:,/? /"~'':~'''''7 , /") J '''' ...., ,~- ..', ,.. J;V.;: ,f /;::., ':;;, ,,',ro'_,' ,.. (..G\ ,.....' / ,;';->,,'j :' ~ ,'2."" ~::~t f~ .I"',~ .- ),.. '" ;r.~ ,;.; "',' ";:',$,,,,.,..( ::~1............~"Jt.- c~..__-~" c:<f The CASH PRICE lOf aN llIbor and Meteri81 (/t1CIuding eny............. dIsoounts) Is $ T"""", Cosh 0 C_ ~tothe"""",",,,o!theCrecIl_De""'t,"el~.) Iflhls Is 8 cash '-lan. the pu-chase price _ be pojd as_; C8Sh Down Payment $/9' F ,/ IlaIonce P..,- $ ""-' T_ Pr1ce $ i' II this Is 8 e'_ '-lan, the _d ror..-Is _M..d In 8 -'" document which Is ~ _ byref""""'o and mode a part the'oof '^"" the ...dtndlvo..d.....horaIJy -.xlzlt.. NORTHEASTERN HO~E IMPROVE~ENTS to IIll1Ify and'- my/oAJr..- _ wiIh an ~ cn!dll-'"'llagoncy and r_them from aN IiIlbIlIlv IncLmJd fn>m _.....- Of onors. 'i'!!!1!!! uro<Molat,df,ojIS _ _._A with ''''__ _ ncI be binding. AN ........_,gs and _....4& rnus\ be sol forth in writing In this COlllracI. ADDITIONAL PROVISIONS ARE STATED ON REVERSE SIDE AND ARE PART OF THIS CONTRACT IN WITNESS WHEREOF' PlIl"ChMNt!d ~ ~tnfn .unr-t..-.. ~.\ thi. 7....... ^' .../~~-'r_~ >;;....,;y' contract Price $ lY' Sales Tax ,..,-- ...~(;., "". The CASH PRICE lor 8lI Labor and Malerio1 (including any ~ di&coums) Is S T01lTllI: Cash a C_ ~tolhe__oIIheC""_Deportmenl.) II lhill Ie I cosh !nlnllcl1on. the poo:hI.. ptlee _ be pIIid IS 1oI1ows: Cash Down Poymenl S /~>. j/ Y' BllInce f'IyIbIe S D"""" ToIII Prfce S (/ ;Y ;~' If thlele I crodK tranllCllon.lhe ograemenl lor craclIIle .......nod In IllIp8nIIl documenI whlch lel~ _ by r._ and m_ I pert thereof. IIwe the undenligned Ire hereby llUIhorizlng NORTHEASTERN HOME IMPROVEMENTS to VI1IIy and review mylour credll record wtth In Indepet ode'" credit reporting egency and r.......them 110m 8lI_11y InculTed lrom ..- om-" or errors. - underslandlngs Ind _lie wtth repreeenlellves _ ncI be binding. AU undenda.odbogs Ind egr_....1b must be set forth in writing In IhI8 Contract. ADDITIONAL PROVISIONS ARE STATED ON REVERSE SIDE AND ARE PART OF THIS CONTRACT. '7 / deyol ~~y 20 (PROV~ STATED ON REVERSE) 0::-' -~(!". _-:7 (STREET) accorttlng to the following specifications: .:~~~::.~?, k, ,:;:'-~,"'--v ~. .::~., /"::--). i .;,,1" t<;./,f' ',-.__.~ ,1/' ~.-. , /,;,. ,/ ""'(,..-el? ,/ ., ";;"''''7:,}./' -.:--:r "' ;"'p~_P,:"", _.r' ,~~ .,r' ./ ""'"-1'"",,::.,,/ " ;/'. .:;.,,-:,.>,, ",' "'.:>","",.--.'// "-,,., , ~.' f :;:.' , ~, "'J /<.c. .;.,/~~~< / :><;l!:-/"/'-"", ).', r--'''/ ;>-.i~>. , A r';;;;;~_ ~i/ '::>"'""",;;>'/-- (~ /,,/1' /~./ -' I r..-iI-"'.,Y:~",,, j;?,.,. // .-h;' J...-~ ,-, ,.C' I'!",~__-} t,. .'i fA..-..., ./ ,rl"''T', ;1 ;' "'. .,~./ ;..;j ./ .": ~,;,;;;...! ,,_~ ". }'." r .,'" /> . ,>. /./ .r- ,,;0..,..''''_ /,.~ ~I ",,'..;.:,k' .,:<~"'<C~,.. .' t.~. .' ~~- .:: .>j' .~ ,/ ...t;:'~' .._<<..rLA" (;j-~";I / !,~.,i ",I,.,$' ,:<~ ,',......, J.l",f..-( /~I.........--,~.1t- e.....M.,~~f/f.c::1...4 IN WITNESS WHEREOF P~(I) hive hetetJnto IIgned IheIt ~s) thle and eclmowtedges recelpl of I lru. copy of this Contrect. ~ (CITY) ;y-;" ,/::p/ .....-"1~........ ,~.,..:::.(' .,/ ,,,,,,-,,- .t.'~/-" (STATE) (ZIP) -0/ c.:,;.:.;-".;t..-"k' / /.e-.,~J.~ ?:/ ..~', /~/. ~, ~:.".-r' ,''''''' };:t;f- / .r:::; ~...' "~"'''''7-~;;7' ~~ .."," , / ' .t.;, -f ..- I'_ydlll" - -L/ ::~~G2' ,y .....,... /LJ' I~ / (/ c~....., ,x. <:..- . ~"~/. ;::{h.~4.:.. /,' / .,_. d.. ,/ .. 'C, ;/ ~ ,.L. .......- I , <t;/7::~:~ ,;::.!r.,'''''''' ..-- " /.?.::;:-,~.....t/ ..... D ~:.,.i,t., .../- -<' c)-~,"'~,' .~) ~. .(,.:".',j / ,/...:. .t... r ~. / ~,. -e;.,.--<' --:::J).' -;:' ..."" / ,+.;''' ,,(;h; r ~~ '..~~ ,j;;P' /<r~:, / ~l',o:,....... _J .~.:... .......,... ,;0-',' .-C'_,._ ../ )' , , .,:"<' " :'...~r .> i:", ~"f .~ 1.,' ~" ,~,;~, C!1h-? /.', , .,;.., _A' s 1.';:- d0"9-~/:- -..0..-..... '-", ;;::':;. ,?' ....." ~;. ,p~> UNLESS OTHERWISE SPECIFIED. IT IS UNDERSTOOO THAT THE OWNER IS READY FOR THIS WORK TO BEGIN. THE PURCHASE PRICE QUOTEO ABOVE WILL BE HONORED ONLY UNTIL ;.c> 1'...2 DATE --:'>..-';Y' C_P_ Purchaser understands and agrees that if this agreement is canceled after the recision period that the Purchaser is liable for twenly.five (25%) of the total sales price as darT'- ages 10 the contractor. SUBMITTED BY- ~,""IM". Dole ACCEPTED ~;' AuthOrized 5ig.-u,.tor NofthetIsI.m t-tome IrnpmyemerT1lJ ""'" ,,;;::~:,<e=:<f;;:=:S~/;/!2 S.... Till Dot, /.I /' ' _,""'-') 1'/ l .~' .- .... ' t.."'- 'S ~;~ i i , / , I I ((-( ,.... , Purchaser agrees to pay to the Contractor the reasonable costs of enforcement or collection, and/or n in thellVent tt is necessary for the Contractor to retain an attorney and/or to institute legal proceedings. Purchaser agrees to pay reasonable attorney's fees and costs incurred. whether or not court proceedings are instigated. In acldltion to other sums. INSTALLATION. It is understood that Contrector may not install said materials but that by your signature you authorize Contractor to arrange for the performance of the installation by a qualified Installer. You also suthorize Contractor (1) to issue an installation work order with the specifications shown herein and (2) to pay the installer upon your execution of a complatlon certiflC8te establishing that the Instal. lation has been satiSfaCtorily completed. You agree to pay to Contractor the amount specified herein, which will cover the prices of said materials and the Installation chll1lle. Any surplus materials remaining after completion of this job shall remain the property of Contractor. No credit Is due you on returns. There shall be no liability for delays in, or failure to complete delivery or InstaJlation of all or any of the herain mentioned merchandise, n due to any cause beyond COntractor's control. Including but not limited to fire, strikes. war, governmental ragulations, labor or material shortages, and weather conditions. 'l11is Contract and the agreement for credit, n any, shall constitute the entire agreement between the perties, which entire agreement and specification shall not be altered or modified except by written agreement by the parties herein. IN THE EVENT THIS OFFER TO CONTRACT IS NOT ACCEPTED BY CONTRACTOR, ANY PAYMENT MADE, HEREUNDER SHALL BE REFUNDED TO THE PURCHASER(S) AND THIS PROPOSAL SHALL BE NULL AND VOID AND OF NO EFFECT. CONTRACTOR IS NOT RESPONSIBLE FOR EXISTING STRUCTURAL DEFECTS, DRY ROT OR CODE VIOLATIONS. NO REPAIRING, PLASTERING, CARPENTRY OR DECORATING IS INCLUDED UNLESS SPECIFICALLY CHARGED FOR AND SPECIFIED IN WRITING HEREIN. Environmental problems or hazardS involving the residence are not the responsibility of the contractor. Customer should notify contrac, tor Immediately of any known or suspected environmental problems or hazards, for example asbestos or lead pelnt. In the event of an environmental problem or hazard it lathe responeibility of the customer to rectify. If not rectified, the contractor, at its soie discretion, may continue or terminate this contract. 30 to 45 days after date of cancellation any down payment will be refunded. /~JC)Uti/5,o...c'iJ,-Y) S u){;U) /C~ytl,?Os1('(') i-/D')f:J -1. )){.Yi.J...,f?()~;,-l( J ~)t))Ck) ."7 -SC) -C)2.. .r- ~'i'n ..~ c/( repCL( .: : PI..O.~ h.1 O(I.~ QJCII...L.lxJ. ,cJ)~, N51-<-ft?S ./ ~~; -hu./)-{ d2.. c( lei. bacJ<. (~'-;r~ .(' (:jGe:~:9/ti1l\. €~...,,,?.':~1, . 1'1. L _ .Jr<o. "t'C exp:JSt:'d CuDGel aIL~II.t'i)d -r-(((' I~. LX..tdt;:L'>J i:lt I?J./J .,.c:,; 11/7,4/ c -'7 Ua..l. I "-".L I....~ d'lop-e;l at.' c;tJL~f? j(:b. /~l5}~ ~~~'t dL\ ~.:;. . ~\X~ I1CL) cl It' 7/ dQ C:i( d. s,.1{;() y-. K.t10LS ' t..,JN" ""'as; k.:..d ./TtnC c;. ra;1..:5f/'lI ClLp.~ - C (cCJt:./:'d sfx( -)st~ t-L-:)(JL-')S.' c.l aurac)! (.1 -IrM e -i1? LLt:R.-r--'iJJ tel ~'.()0d {.;I) (:e,F (((t.) d '..... , .1.." -~...u;.. l'€f'~l:\c<ti r~""') Clo l t-J) IL':...: cxtr:t 3 bu,~~J.) e)( rl?W st;L't;SeL~ ,- <.J.-J' did I t.yt.. t~n/) Uf P~ZfJ0~1 a.f~tl{:G:~ '!1 ~~:7I :'~ 7//,0/: J--D /;cuu <{z' 'loJU'(~;,3 ck~.s.l Lc< l<:/i..iC( u\I;Lf Lyve+..'/:c ...htb-.. ..1 c, ( ,6Dj-eLC1 ""'-, l n (.?.\, +f\<~q !JO'r(1?(;'d othz-r (:Co' ('!U.~'Lh L~.fh.s ~ , ({fkj (C (~,~ ky-AJlYt-{, <<{-J:fervtl:6'-- ;' c(c(c( hJC( t.c:! t....Y) t'c..h we.c) f::lJ kR L c:) cJ.lzdJ2ol .~~' ()~'I' gLHlal e~'i:~r}\G-J::-e. l1~ot:.J{{)(<bd /ll~~LC!Qd.f~), It c)t. ,. )L'l-( . '-k, JYt <-; ,) t...(~ -{ J:X:- k 11)~a/ .b. (j tu'1d. c-!Jlf27 (11 ~( l)'I~~e L f Ie 8 ~lT, I . .. . '~-t:-( t4.L,LX.cZ /l{! LLl;1J OU:f'LV ()Z-4 {DU-4ce.~.2.Ci. (bt <I ;",c j Dl) L~r.QcJ, Io~ >\3j cl&11Z. 1l{Sf..' i/t IYlSf y./;'(ef c tJ i ,ll ( l":'G..D [)/c on (-), 1- \ D'S ... .'"\ U ~O_lc\ .--:( aJU [1k) '51 ~ lo~ (t l g 4~,~ ~() 5/z-LI~ \ "5'7 2,,0 c) 513C):::.J,).. 3~ Z--L.. eX_) ~l'1lc'~ a'j..3/ C, II i. 0.3 ~q3..~"1 2.. I ~ lo:s Li.L/2- -_:? ( \ J I 03 h:) V 'Z,,:< 01~ d DL0l eQI ()14~ , ).t l\6:cl.Qd vl',o.-:t. ,Y'()\(c Pn1LJ r{H J+ - fh;r(il'J l~(h t-o.Jf. +Or -':L. l~, rep:H'r S H 0.>WLl.. :s,6>S.- ~1? (~:J:,,-iJ Cel---ht:'.ed ktfcr J -"/o).e "f1~:_ ,f-c';lrj '1 r _ .'~ Mt( nott: f!rsou'J ctu; .-b!tul t!ouJ-f C os. +:s. mLLLilpt pi ~ c....J.i/J -y"-".. 01 loW h/a l:tl"';[ P"'e kt~ ccdd..\ cwu-i!> L{ ,t{) ail Ot<.'(ld' t::_ jUUfT:! ~ &'-h:y*, (l.'ffori1.€UA12 So : S:h~'YLtz 11 S q l/ ~).tJJO ) bix.e L<Xccl a::.; tiLtd LCJtXXi fleCJds fl?/cif.!<<L Certificate of Service I hereby verifY under penalty oflaw that the above answer to the preliminary objections was served on the parties listed below on 07/31/2003 by placing a copy in the D.S.mail. Mark Kerlin Northeastern Home Improvement 417 State Street Enola, P A 17025 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, P A 17111 ~ /) I~./ William H. Black o c <' -.,; 6":;, ;:~ U],' 2>f 2i,~ ~<;;;, '-. -7 "=i -< " :"'J ~ , :J.J -< :....) '0 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHON:)TARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X) for JURY trial at the next term of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) \X) Civil Action - Law Appeal from Arbitration v1, ", <.NY\. 1-1 /j tJ (other) (Plaintiff) vs. The trial list will be called on and Trials comrence on l'/t-rk ~!, ~ (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials. ) vs, i/1A/t A(a-rf~~\Lv- 1-'0~ T ~r.r~v--'-J'r-+;) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 6 3-)?I/ Civil 19 6S This case is ready for trial. the attorney who will try case for the party who files this praecipe: 4,U A-:;:~ 2 ~t trial counselor other parties if known: (""r-Ln ~, 2:>7- signed: ~U A~~ f,( Print Narre: L J, ",I ;9 I If Attorney for: //~^I//,;t Indicate Indicate Date: Certificate of Service I hereby verity under penalty of law that the above complaint was served on the parties listed below on 04/19/04 by placing a copy in the U.S. mail. Mark Kerlin, T.D.B.A. Northeastern Home Improvements 417 State Street Enola, PA 17025 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, P A 17111 4/J;;;L ~ - '. ... .. WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBELAND COUNTY, PENNSYLVANIA v. NO. 03-2741 Civil MARK KERLIN tJd/b/a NORTHEASTERN HOME IMPROVEMENTS, Defendant CIVIL ACTION - LAW DEFENDANT'S OBJECTIONS TO LISTING CASE FOR TRIAL AND FOR ARBITRATION 1. On a date which is uncertain to Plaintiffs, WILLIAM H. BLACK and DEBORAH A. BLACK, (hereinafter referred to as "Plaintiffs"), filed what purports to be a Complaint in the above captioned case together with a "Notice to Plead" (not a Notice to Defend), all of which are attached hereto, collectively marked Exhibit "1" and incorporated herein by reference. 2. On July 14,2003 Defendants filed Preliminary Objections and served them the same day on Plaintiffs, a copy of which is attached hereto, marked Exhibit "2" and incorporated herein by reference. 3. On an uncertain date Plaintiffs filed an unsigned document entitled Answer to Preliminary Objections a copy of which is attached hereto, marked Exhibit "3" and incorporated herein by reference. 4. No further steps were taken with regard to the pn:liminary objections and they remain unresolved. 5. On April 20, 2004 counsel for Defendant received by, first class, mail a copy of a Praecipe for Listing Case for jury trial at the next term of Civil Court, said Praecipe purported to be signed by Robert A. Taylor, Esquire, Attorney for Plaintiffs, a copy of said Praecipe being attached hereto, marked Exhibit "4" and incorporated herein by reference. 6. In the same envelope was a copy of a document purported to be signed by Robert A. Taylor, Esquire entitled Petition for Appointment of Arbitrators, a copy of said Petition being attached hereto, marked Exhibit "5" and incorporated herein by reference. 7. This case is not ripe for arbitration because, at th,~ very least, preliminary objections remain outstanding. 8. This case should not be listed for a jury trial because of the compulsory arbitration requirements and because of the outstanding prel:iminary objections. WHEREFORE, Defendant requests this Honorable Court to strike this case from the jury tria11ist and order that arbitrators not be appointed. Respectfully submitted, regory R. Ree, squire Attorney for Defendant 3120 Parkview Lane Harrisburg, P A 17111 (717) 238-0434 Attorney LD. 23705 , ., In the Court of Common Pleas of Cumberland County, Pennsylvania William H. Black Deborah A. Black Plaintiffs Civil Action - Law (Docket # 03-2741 Civil) v :Mark Kerlin, T.D.B.A. Northeastern Home Improvements Defendant Notice to Plead . You are hereby advised that the attached complaint has been filed in Cumberland County Court of the Common Pleas pursuant to the applicable Pennsylvania rules of civil procedure. You are hereby notified and ruled to file an appropriate answer pursuant to the Pennsylvania rules of the civil procc:dure within 20 days of the filing of the complaint or face judgment of default. EXHIBIT "1" In the Court of Corrnnon Pleas of Cumberland County, Pennsylvania William H, Black .Deborah A Black Plaintiffs Civil Action - Law (Docket # 03..2741 Civil) v ,Mark Kerlin. T.D.BA Northeastern Home Improvements Defendant Complaint And now, come the plaintifIS, and make the following claims against the: Defendent(s): I.) The Plaintiffs are a married couple residing at 1309 Mallard Road, Camp Hill, PA 17011-1224. 2,) The Defendant. Mark Kerlin, is an adult individual trading and doing business (T.D.B.A.) as the owner and operator of Northeastern Home Improvements, 417 State Street, Enola, PA 17025. 3.) On or about May 7,2002, the Plaintiffs entered into a written contract with the Defendent(s) for repair and replacement of the roof on their residence located at 1309 Mallard Road, Camp Hill, PA 17011-1224. Said written contract contained specific provisions regarding the nature and quality of work to be performed by the defendent(s). In addition, said defendant(s) made verbal warranties and assurances regarding the nature and quality of the work performed. 4.) On or about Febl1llll)' 1,2003, due to poor workmanship and quality of the job performed by the Defendant(s), the Plaintiffs roofleaked, causing damage to the Plaintiffs home and requiring repair/replacement of the roof installed by the Defendant(s). Court 1- Breacb of Contract 5.) The allegations of paragraphs (1-4) are incorporated here in by reference. 6.) The Defundant(s) have violated and breeched the written contract which they signed for repair of the Plaintiffs roof, wherein: a) The Defendant(s) fuiIed to perform the roofing work in conformity with the written contract and accepted standards of workmanship, such that the roofleaked, causing damage to the PlaintiffS home and necessitating repair/replacement of the roof a second time. b) The Defendant(s) fuiIed to perform the roofing work pur:.""IIlInt to accepted standards of workmanship and quality of workmanship, and failedlrefhsed to make repairs or correct deficiencies in the work perfurmed when said was requested. c) The Defendant(s) made multiple appointments after the F'laintiffs roofleaked to inspect the damages but failed to appear or follow through, requiring the PlaintiffS to incur costs for a second repair/replacement of their roofby another contractor. Wherefore, the Plaintiffs demand judgment be entered against the Defendant(s) in the amount of$7128.32 plus any court costs associated with the pending litigation. '. '. Court II - Breach of Written, Verbal and Implied Warranties 7) Paragraphs 1-6 of the Complaint are incorporated herein by reference. 8) The Defendant(s) breeched the written, verbal, and implied warranties of good and quality workmanship offered at the time the PJaintiffs entered into a contract with the Defendant(s) for repair of their roof, as follows. a) Defendant(s) provided written warranties from the manumcturer of the shingles used on the roof, but voided said warranty by the poor and unworkmanlike manner in which they applied the shingles. b) Defendant(s) expressly stated they would not "slap a roof on in one day", and made other assurances regarding the nature and quality of the work they intended to perfonn, which warranties and assurances were violated. c) Defendant(s) were offered multiple opportunities to inspect and repair deficiencies in the roofing work perform:d, which deficiencies were expressly pointed out at the time payment for the roofing work was made. The Defendant(s) violated a verbEll agreement to return and repair remaining deficiencies in the roofing work if final payment was provided by the Plaintiffs. Whereas the Plaintiffs demand judgment against the Defendant(s) in the amount of$7128.32 plus court costs of the pending litigation. Court ill - Failure to Mitigate Damages 9) Paragraphs 1 - 8 of the complaint are incorporated herein by referemce. 10) After the Plaintiffs roofleaked in February of2003, the PlaintiffS attempted on multiple occasions to get the Defendant(s) to inspect and repair the leak, and after multiple attempts, were forced to incur costs for temporary repair/cover of their roofand for repair/replacl:ment of the roofby another contractor. Wherefore, the PlaintiffS demand damages of up to $7128.32 plus court costs associated with the pending litigation. R:~tJijl1Y Su~~; ;1 ll$".1-J-Ji,~'c. 04:0/~.<;j RCuLJJ... William H. Black Deborah A. Black VerificatioD I hereby agree and verifY that the facts set forth in the above complaint were true and correct to my knowledge and belief 0. /J' L.ab~~1 -' William H. Black Jf. ~ul 1 /J- I, / k!?lfbo/ah A. Black \JJ(};t~. Ii- <L-\(: " Certificate of Service I hereby verifY under penalty of law that the above complaint was served on the parties listed below on 6/24/03 by placing a copy in the U.S. mail. Mark Kerlin, T.D.B.A Northeastern Home Improvements 417 State Street Enola, P A 17025 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, P A 17111 William H. Black ;j ^ ~?/! / , 1~. . / ) l:i~.4" / ;l' / ,(r:/C , WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs : IN THE COIIRT OF COMMON : PLEAS OF CUMBELAND COUNTY, : PENNSYL V At"'UA v. : NO. 03-2741 Civil : MARK KERLIN tJdfb/a NORTHEASTERN HOME IMPROVEMENTS, Defendant : CIVIL ACTION - LAW : NOTICE TO DEFEND AND CLAIM RIGHTS 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 v.riting 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 Defendant. 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 (800) 990-9108 f:) ,~~; t :::~~ C'c '-' I"i.? _c=':'" 2~-'; -- :;::' -0..." &_-. ^- :'-. -. '. - .~- ; ~c. EXHIBIT "2" NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de 1a fecha de 1a demanda y la notificacion. Usted debl~ presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objections alas dernandas en contra de su persona. Sea ayisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y port cualquier queja 0 alivio que es pedido enla peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos: importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SEVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PAl 7013 (717) 249-3166 (800) 990-9108 Date:~ I ~) ...{005 , ~v cfregory R. Reed, EsqUIre Attorney for Plaintiffs 3120 Parkview Lane: Harrisburg, P A 17111 (717) 238-0434 Attorney LD. No. 23705 WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBELAND COUNTY, : PENNSYL VANIA v. NO. 03-2741 Civil MARK KERLIN tJd/b/a NORTHEASTERN HOME IMPROVEMENTS, Defendant CIVIL ACTION - LAW PRELIMINARY OBJECTION~ NOW COMES, Defendant NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., incorrectly identified in the caption as MARK. KERLIN t1d1b/aI NORTHEASTERi'l HOME IMPROVEMENTS, by and through its attorney, Gregory R. Reed, Esquire, and files these Preliminary Objections to Plaintiffs' Complaint and, in support thereof, avers as follows: BACKGROUND I. Plaintiffs', WILLIAM H. BLACK and DEBORAH A. BLACK, filed a Complaint to the above docket, a copy of said Complaint being attached hereto, marked Exhibit" A" and incorporated herein by reference. 2. The Defendants named in the Complaint are MARK KERLIN (presumably as an individual) and NORTHEASTERN HOME IMPROVEMENTS (presumably as a sole proprietorship). 3. The Complaint alleges that Plaintiffs entered into a written contract with the Defendants for the repair and replacement of a roof on their residence located at 1309 Mallard Road, Camp Hill, Pennsylvania. 4. Tbe Complaint is broken into three counts, to wit: Count I "Breach of Contract," Count II "Breach of Written, Verbal and Implied Warranties," and Count III "Failure to Mitigate Damages." 5. Pennsylvania Rules of Civil Procedure No.1 028(a)(2) permits the filing of Preliminary Objections to pleadings that fail to conform to law or rule of court. 6. Pennsylvania Rules of Civil Procedure No. 1028(a)(4) permits the filing of Preliminary Objections to pleadings that are legally insufficient. PRLEMINIARY OBJECTION NO. I - DEMURRER TO COUNT II (Breach of Written, Verbal and Implied \Varranties) 7. Paragraphs 1 through 6 inclusive hereof are incorporatl~d herein by reference as though fully set forth herein. 8. Tbe alleged statement that "they would not slap a roof on in one day, and other assurances" are not warranties. 9. Plaintiffs allege no warranties, express or implied, verbal or written made by the Defendants. 10. Plaintiffs Count II is legally insufficient as a breach of warranty count. WHEREFORE, Defendant respectfully demands that its demurrer to Count II be granted and such claims dismissed. 2 PRELIMINARY OBJECTION NO. II - DEMURRER TO COUNT III (Failure to Mitil!ate Damal!es) 11. Paragraphs I through 10 inclusive hereof are incorporated herein by reference as though fully set forth herein. 12. Count III of Plaintiffs' Complaint purports to seek damages based upon a "failure to mitigate damages" cause of action. 13. There is no cause of action for failure to mitigate damages in that it is a defense availability to Defendants. 14. Count III of the Complaint fails to state a cause of action against Defendant. 15. Plaintiffs have failed to state a legally cognizable claim under Count III. WHEREFORE, Defendants respectfully demand that their demurrer to Count III be granted and such claims be dismissed. PRELIMINARY OBJECTION NO. III (Motion For Specific Pleadinl!) 16. Paragraphs 1 through 15 inclusive hereof are incorporated herein by reference as though fully set forth herein. 17. In Paragraph 6 of Plaintiffs' Complaint they allege the violation and breach of a written contract but Plaintiffs failed to attach a copy of the written agreement. 18. Furthermore, Plaintiffs' allege in Paragraph 8 of their Complaint that Defendants breached written warranties but Plaintiffs failed to attach a copy of written warranties. 19. Pennsylvania Rule of Civil Procedure No. 101 9(i) requires that all written 3 " agreements and/or warranties be attached to the Complaint. WHEREFORE, Defendant prays your Honorable Court to enter an order requiring Plaintiffs to attach to an amended Complaint all writings referred to in their amended Complaint and in lieu thereof dismiss Plaintiffs' Complaint. PRELIMINARY OBJECTION NO. IV {Motion For More 8uecific PleadiJ!g} 20. Paragraphs 1 through 19 inclusive hereof are incorporated herein by reference as though fully set forth herein. 21. Pennsylvania Rule of Civil Procedure No. IOI9(f) and other pertinent law require specific stating of avennents of facts, places and items of special damages, which requirement Plaintiffs have violated, as follows: (a) Failing to specifY or identifY the written, verbal and/or implied warranties allegedly breached; (b) Failing to identifY, state or specifY the basis of Plaintiff's claim of$7,128.32, its components and how it was calculated; and (c) Failing to identifY, state or specifY the alleged deficiencies in workmanship. WHEREFORE, Defendant prays your Honorable Court to enter an order requiring 4 '. Plaintiffs to plead more specifically the matters listed above and in lieu thereof dismiss Plaintiffs' Complaint. Date: "7 I,~(o? ~~y dregory R. Reed. Esquire Attorney for Defendants 3120 Parkview Lane Harrisburg, P A 17111 (717) 238-0434 Attorney J.D. 23705 5 CERTIFICATE OF SERVICE AND ADDRESSES AND NOW, this /t.t&ay of July, 2003, I, GREGORY R REED, Esquire, Attorney for Defendant, do hereby certifY that I have this day served upon Plaintiffs, by first class mail, to the following address: William H. Black Deborah A. Black 1309 Mallard Road Camp Hill, PA 17011-1224 "re~~ Attorney for Defendants 3120 Parkview Lane Harrisburg, Pennsylvania 17111 (717) 238-0434 Attorney I.D. 23705 William H. Black Deborah A. Black Plaintiffs IN THE COllRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2741 Civil Mark Kerlin t/d/b/a Northeastern Home Improvements Defendant CIVIL ACTION - LAW ANSWER TO PRELIMINARY OBJECTIONS BACKGROUND I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. PRELIMINARY OBJECTION NO. I - DEMURRER TO COUNT II 7. Admitted. 8. Denied. By way of further answer, said statement was made to the defendants as an assurance they could inspect the plywood sheets, befon: the roofwas covered. 9. Denied. 10_ Denied. Wheretore, Defendants Demurrer to Count II of the Complaint should be denied. PRELIMINARY OBJECTION NO. II - DEMURRER TO COUNT III 11. Admitted. 12. Admitted. 13. Denied. 14. Denied. 15. Denied. Wherefore, Defendants Demurrer to Court III of the Complaint should be denied. EXHIBIT "3" , PRELIMINARY OJBECTION NO III 16. Admitted. 17. Admitted. By way offurther answer, a copy of the written contract is attached. Said contract has been in the defendant's possession at all relevant times and the defendants are and were aware of the written contract. 18. Denied. Written warranties are contained in the written contract. 19, Denied. By way for further answer, a copy of the contract containing written warranties is attached. Wherefore, the Defendants Preliminary Objection No. III should be denied. PRELIMINARY OJBECTION NO. IV 20. Admitted. 21. (a-c) Denied. By way of further answer, all warranties, damages and deficiencies in workmanship were identified in written documentation provided at a hearing before District Justice Manlove and have been identified to the Defendants. Copies of these exhibits are attached. Wherefore, the Defendants Preliminary Objection No. IV should be denied. ~"" .\ i I:' /,. I J jJ\J~l I!~, . ':/.) 1'), HOME .,,~v IMPR 0 VEl\1I<:NTS e ALCOA {} BBB -r.- MEMBER EASTERN PENNSYLVANIA aUREAU q' () \ (. \. , . ) 125 North Enola Drive' Suite 106 Enola, PA 17025 P17) 732,3600 Name: If // ",., , a tf if... 1/ ';::C>:::-.. ,i; Home Phone: L-> 7 j' 0 - ,,_' . ,.,; ;- Mailing .~" // "':' ....;.?~...~ "v/:;' Business Phone: (I 'CO' " Address: ./ ,,' L> j> ?;:;;,' ,::-..~.~v -. - City: ,-;;....,....r" // // State: .~;/... Zip: i / l!we, the owners of the premises described below, hereinafter referred to as .Purchaser" offer to contract with Northeastem Home Improvements. hereinafter referred to as .Contrador" 10 furnish, to deliver and arrange for installation of all materials necessary to improve the PREMISES LOCATION AT: -;''''C''' ,s.-'~..~."..._, C ,:.~;;.,,::7 ,P;:'" ;:>-4€<;:<.z:9"7,..-- (CITY) (STATE) (ZIP) (STREET) acCOrding to the following specifications: \ / ;;::<:>:;,> /(" <. ,~---.,. ..<F' ".-iF' .,v" ,..... (..-'", '. /"" / :;k'~ .-.,--. i-Z:;~:n ....-. '/ ......-,:.e", ,le_" ,<_<-5~" ':_;>-.,,,,, i,J~' .-' t.;:'.......... /. . .....t. 1. ~,",.,---l' /;:,,, ..:;/ /'~ ) ,,~. ,~ .c...,,.;.:.....?'-.. >" -" '- .:~~. "r /' ,__c(>'" . "''','T "( ."'"~~~.c_~/.., ,':)."".<"~,,. 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"0-'-_/' A/."';/' .<!;....f"'.~.>;. ~:~:~__~.."J,. ,~~. 71'/ - c$' ,..- f> ;:/ "}.. The CASH PRICE fOf aM labor and Material (1ncIudlog any ~ discounts) Is $ TerMS: Cash 0 Credit til.-1Subject to the """"""" of the C..- Sales Oepartment) II tills Is . cash transaction. the purchase ptice shaft be paid as follows: CasJ\DownPaymenCS ,/;;>".:V~>" BatancePayabte$ ';""-,1 TotalPrtce $ /. i>-;',,;;'~',!Y II this Is . crediltransactlon, the agreement fOf credit Is COlIlalt oed in . _te document which Is IocotpOl8fe<l herein by f1lference and made a part thereol. flWe the undersigned are hereby 8uthor1ztng NORTHEASTERN HOME IMPROVEMENTS to "8I1fy _ review my lour cr_ record with on Independent credit reporting agency and refease them from alt 5iability Incurred from inadvertent omisstons or erfOI"l~. V~ understandtngs and aareef1~lts with representatfves shall not be binding. Aft understandings and agreee.llb ~ must be set forth in writing In tms Contrllct ADOfTIONAl PROVISIONS ARE STATED ON REVERSE SlOE AND ARE PART OF TI~IS CONTRACT. IN WiTNESS WHEREOF Put~{~\ haV'P tworiloltnfn ~"-ir narnal~\ thi.. 7 A",.. nI ....,."q~. ;'/ Contract Price $ l:; j >., 5>'-,<- _. .....-",/ Sales Tax on installation of all materials necessary to improve the PREMISES LOCATION AT: ~"11'-~""~ .~_#d _~/ ,,-~-"-1f;;;V'?-~-_._~ (CITY) (STATE) (ZIP) (STREET) according to the following specifICations: .....'" i / (~--;~:::...< <~~rl. r, "':",,,,' "" .",c_ -~ _<" cY/ .."..c<<c?' /~.~....-., - Z// ,.c"'__" c~-- ':,_ ;.~~~(i u.;.t[ >,,' ~-, ..-~J -:/~_eP ~ .k t..--'""'1-'l/ .,. .;.>' .;.~.....--- ,_-:;~I:_~'V' / )""~-Y-A'-..;,;? ,// - . .../.7 , . .~"...... ._1" , ,-.. . ,.Ft:'- ,_r' <fj;.~f ..' f. t'" -< ~~...c 'C:""" - .,/ ,~'_.-" A~ ~ ,~_ ~~'~ i/O' ~ ..<.'.t j."c;':...._,.~ "'~--_.. 1./ t:/ /:,.{::.--(~ .' ;-.--:.,1t-r'~-"'" .,.. ~...-., , d.:c' ~' ./Y- " ~ ., /' ......J ,,~.< ". " __ ," -="'""'I'"';?;-<..~"~ ". f/ r.'~ ,."", ".,.- -""~7:;;Z '"1:- " ~ r ,., 1J'- .. 1.....,/'. {~ -> Ij ,,-, ~7 -"'t.-'" ,>'(..- C ,~~_ $"" /::;~__ ....,f.P ," t6.__.> ./ ../ , .-.(..-..<-:/ ;:..~,-' _k / -;e-; ,,' '" u -':,"-~""",'Fr '....-,::::;.-.'.'F- ,_ji/~r,~ ;< ~ ,..-~- 4./t ,'/ _,f' ,it /_"J.'/~-~,"" .....1 t<:,;~" "~j':{ <~~:f:'". / - f _, ,_ '.1' -",~"'.-- ,/- ".-" - -'!'--O ,,-~-.r.~ -/ ,j ~ ,">,"--,,,;;,>, # .~ ,:'0-.<'[1 ,_;f' <.,y.-......y.,<" J't .',V-1" ./ ",. l " ,t'.-."';:> (.- ii:;..,/' <~j ,,/" ,.1.',/>..-' ~:r:. '( /" ""- -':'.' t:;_.,,~.' " , ..-'-J...." /' .c.:.o.;......_,./~- / / ">./.4 L- r ~. >r,.>. ~>~ (;.l-' . . ",""....-)oJ /-- .J ""-... .~;/,./ ,'~ ' ,~_:":A::' /'"-Z~~:~ .~ ~'-f",' _ "I ,~ ~. - "~' "_';;;-'~C" ,. ',.,.-- '<:.:::. ., /" ,,-'-"--C-:O~", ., '__<~,.r , :,':..'j'!"'7 "",,(:- ./(;',-;c, ..' ,~; --\', / ,. . ',... """.~- ;-'-J The CASH PRICE for all Labof and Material (inctudlng any applicabte discounts) is $ Tem1S: Cash 0 Creel~ tikfSubjecl to the """""'" ofthe Creel. Sales Department) If this Is a cash transaction. the purchasa price shal/ be paid as follows: Cash Down Payment $ ,/)? }/ '/- Bafance Payable $ .. ., Total Pr1ce $ t. r/';i/ If this Is a credit transactton. the agreement for credit Is contained In . seperate document which Is Incorporated herein by reference and made a part thereof. Itwe lhe undenllgned are hereby authorizing NORTHEASTERN HOME IMPROVEMENTS 10 vafIfy and review my/out creel. record wlIh on /ndepet ldenI creel. reporting agency and releasa them from aI/liability lncurTeel from Inadvertent omissions 01'''''''''. ~ understandings and aareements with represenlallves shall not be blndfng. All undersIandlngs and agre..n""~. must be set forth in writing In !his Contract. ADOITIONAL PROVISIONS ARE STATED ON REVERSE SIDE AND ARE PART OF THIS CONTRACT. IN WITNESS WHEREOF Purchaser(s) have hereunto signed their name(s) lhis 7 day of ~--V 20 and acknowledges recelpl ot a true copy of Ihis Contract. (~RE STAlID ON REVERse) ;.-- -;.- Contract Price $ ,:~':.' tJ --- Sak!s Tax '.j' Dc)' UNLESS OTHERWISE SPECIFIED. IT IS UNDERSTOOD THAT THE OWNER IS READY FOR THIS WORK TO BEGIN TH~ PURCHASE PRICE QUOTED ABOVE WILL BE HONORED ONLY UNTIL (-;' D 2 DATE Purchaser understabds and agrees that if this agreement is canceled after the recisiO'1 period that the Purchaser is liable for twenty-five (25'%.) of the tolal sales price as dam- ages 10 the contractor.. 0.1e 1",/4 j ;;{.:I< ...r.. . Oat\'! ACCEPTEO e~.: Aulttotized Slgr'l8tun! lor NOOh"lIStem Home lmpJO\l'emems ,_~e'.') /' ,J' //A.I -:::;,". .It! /,r, ' .:,Z;..t;/i ';) 0." [)ole , .I '/' t j.,!J;\F ~.,A,.-L.-1.-,' ..... ,i .r /"'--- ;:/' !. ,.,..{'; " "'urchaser agrees to pay to the Contractor the reasonable costs of enforcement or collection, and/or if in the event tt is necessary for the Contractor to retain an attorney and/or to institute legal proceedIngs. Purchaser agrees to pay reasonable attorney's fees and costs i 'lcurred, whether or not court proceedings are instigated, in addition to other sums. "IiSTALLATION. It is understood that Contractor may not install said materials but that by your signature you authorize Contractor to arrange for the performance of the installation by a qualnied installer. You also aut~,orize Contractor (1) to issue an installation work order with the specifications shown herein and (2) to pay the installer upon your execution of a completion certificate establishing that the instal, 'ation has been satisfactorily completed. You agree to pay to Contractor the amount specified herein, which will cover the prices of said materials and the installation charge. .~ny surplus materials remaining after completion of this job shall remain the prop<'rty of Contractor. No credit is due you on returns. There shall be no liability for delays in, or failure to complete delivery Dr installation of all or any of the herein mentioned me'chandise, If due to any cause beyond Contractor's control, including but not limited to fire. stnikes, war, governmental regulations, labor or material shortages, and weathe, conditions. lois Contract and the agreement for credtt, if any, shall constitute the entire agreement between the parties, which entire agreement and specification shall not be altered or modnied except by written agreement by the parties herein. N THE EVENT THIS OFFER TO CONTRACT IS NOT ACCEPTED BY CONTRAC;TOR, ANY PAYMENT MADE, HEREUNDER SHALL 3E REFUNDED TO THE PURCHASER(S) AND THIS PROPOSAL SHALL BE NULL AND VOID AND OF NO EFFECT. CONTRACTOR ,S NOT RESPONSIBLE FOR EXISTING STRUCTURAL DEFECTS, DRY ROT OR CODE VIOLATIONS. NO REPAIRING, PLASTERING, :::ARPENTRY OR DECORATING IS INCLUDED UNLESS SPECIFICALLY CHARGED FOR AND SPECIFIED IN WRITING HEREIN. r::nvironmental problems or hazards involving the residence are not the responsibility of the contractor. Customer should notify contrac- :or immediately of any known or suspected environmental problems or hazards, for example asbestos or lead paint. In the event of an environmental problem or hazard it is the responsibility of the customer to rectify. If not rectified, the contractor. at its sole discretion, may ;ontinue or terminate this contract. 10 to 45 days aiter date of cancellation any down payment will be refunded '. ~1) LZfi-::'G.,,'i I ,:,)) S. 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Certificate of Service I hereby verifY under penalty of law that the above answer to the preliminary o~iections was served on the parties listed below on 07/31/2003 by placing a copy in the U.S. mail. Mark Kerlin Northeastern Home Improvl:ment 417 State Street Enola, PA 17025 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PAl 7111 U/L,-i.,/ I) .~J.-/ William H. Black , PRAECIPE FOR LISTING CASE FUR TRIAL (Must be typewritten and sul::rnitted in duplicate) TO THE PROTHON:)'I'ARY OF CUMBERLAND COUNTY Please list the following case: (Check one) X) for JURY trial at the next term of civil court. for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) ( )(') Civil Action - Law "\ Appeal from Arbitration vJ, t1, LA/V\ II '1 tc k (other) (Plaintiff) vs. The trial list will be called on and j I I Trials commence on /;/..! j I ' i .,....../'f; / f~~' f(.'"', (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials. ) vs. 1/lti+ '.; <~ I~ ~ \.~ 1-+ I~!<.."^-'<... J.~f.r<,~ :> (The party list ing this case for trial shall I provide forthwith a copy of the praecipe to I all counsel, pursuant to local Rule 214.1.) No. () 3-;(;>// Civil 19(\5 Indicate the attorney who will try case for the party who files this praecipe: ILlr-f A "i/t: '- ~ > t trial counselor other part~es if known: C .~ J c "V-L;-o ~I 2.;., l Indicate /Ju ,/ -.-/ Signed: /<..,,t, /I //Z--.... Print Narre: L J, v--I ;:; -,-- If Attorney for: /1/"",,/,///,;1 This case is ready for trial. Date: EXHIBIT "4" Certificate of Service I hereby verifY under penalty oflaw that the above: complaint was served on the parties listed below on 04/19/04 by placing a copy in the U.S. mail. Mark Kerlin, T.D.B.A. Northeastern Home Improvements 417 State Street Enola, P A 17025 Gregory R Reed, Esquire 3120 Parkview Lane Harrisburg, P A 17111 d - /://lJ' / /<~-/.A' / ("L- --/ -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 3-).7'-1/ CIVIL ~ 19 C.,5 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following fonn: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, TIlE JUDGES OF SAID COURT: d 'c..r-1 ~~ /..v" ,counsel for the plaintiff/defendant in the above action (or actions), respectfully represents t: 1. The above-captioned action (or actions) is (are) a.t iss2r 2. The claim of the plaintiff in the action is $ '7 '1 ((i The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoinlthree (3) arbitrators to whom the case shall be submitted. Respectfully submitted, I) -/ . ~,/;if'+# /<1 -.r- {~L ORDER OF COURT AND NOW, , 19_" in consideration of the foregoing petition, Esq.. and actions} as prayed for. Esq., , Esq., are appointed arbitrators in the above captioned action (or By the Court, PJ. EXHIBIT "5" " .' Certificate of Service I hereby verifY under penalty oflaw that the above complaint was served on the parties listed below on 04/19/04 by placing a copy in the U.S. mail. Mark Kerlin, T.D.B.A. Northeastern Home Improvements 417 State Street Enola, PA 17025 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, P A 17111 /U:-? ~ -/ . CERTIFICATE OF SERVICE AND NOW, this :2~y of April, 2004, I, Gregory R. Reed, do hereby certifY that I have this day served by first class mail a copy of the attached Defendant's Objections to Listing Case For Trial and For Arbitration to the following address: William H. Black Deborah A. Black 1309 Mallard Road Camp Hill, PA 17011-1224 Robert A. Taylor, Esquire 6375 Flank Drive, Ste. 150 Harrisburg, PA 17112 ~~ Gregory R. Ree , Esquire Attorney for Defendant 3120 Parkview Lanl~ Harrisburg, P A 17111 (717) 238-0434 Attorney J.D. 23705 " 0 ~ c,; <:::;:l ~ = ., .r- ~F i-~:.; ~" ~:n -0 - :;;u . -Om (/-:, '" ~:~:~ ::5 O~ 1"6 .._,J -,,,, J.-' :..:1 ~) ~J~ "':" ;.;:~ -'''''~ j:;" --".. 2' (.oJ """-I' l..) :.<! (7) :~;! I'v :.Q . William H.Black,et al vs Mark Kerlin. et al No. 03-2741 Civil Term Entry of Appearance And now on this 30 day of April 2004, Robert A. Taylor, Esquire does fonnally enter an appearance on behalf of the Plantiffs in the above captioned civil action. Future correspondence or notices from the court should be directed to counsel at 45 Old Farm Road, Camp Hill PA 17011 P~A--/' Robert A. Tap'(~ 8 s: ulTi fTlr.~ ~i;' 2(.- ~~~ ~ ...., <=> <=> J:'" ::I: ::0- -< I .s:- ~ ~1:n ",- -om Q~ ::c..., -0 90 :x om ~ +::: '< G" '0 WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBJ~LAND COUNTY, : PENNSYL VANIA v. : NO. 03-2741 Civil MARK KERLIN t/d/b/a NORTHEASTERN HOME IMPROVEMENTS, Defendant : CIVIL ACTION - LAW AND NOW, this ~aY ~ 2 , in consideration of Defendant's Objections to Listing Case for Trial, it is hereby ordered that this case is remOj;d fro~ . ~ - . . . e..A' ~ the trial list and it is not ready for arbitration. fV'C, (\.'''''-' d ' ~r-e. ,.,J-r~ ~ rN4S+~ l~ "" ",,;-.:t . By the Court: J. . --!~ ti' f' ,t . soft 'P\ rt .r 't f~ f)t Vil\l\il\l!\SNN3d I I ~tn(n 0".;'0'0. :::pih'n" 1\JJ'i ...J'.f ".. " ",:~dY'l; oJ ~S:2 \.ld '1- A'4WIJCnZ gN10NOH10'dd 3.41 :lO 3::lI.:J:I()-{}311:l WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBELAND COUNTY, : PENNSYL VANIA v. : NO. 03-2741 Civil MARK KERLIN t/dIb/a NORTHEASTERN HOME IMPROVEMENTS, Defendant : CIVIL ACTION - LAW PRAECIPE To: Dennis Lebo Clerk of Courts Please list Defendant's Preliminary Objections for Argument. Date ~ /0)2,00]; , ~ Gregory R. Reed, squire Attorney for Defendant 3120 Parkview Lane Harrisburg, P A 17111 (717) 238-0434 Attorney ID #23705 pc: Robert A. Taylor, ESQuire <('; Old Fo..fM ~llOI /-J,ll p~ 1 +611 CCl""f '.;C: r.l/ ~( (/) r-~~ I 3~ ~.~ ..-....c; ~'C) ~c: ,- ~ -, (") C ~:. ......, = <= .<:- o -., ...., I'-"'-l:n . ,. -om :D? ~~ ~;~~ f~ F;~ S.j -0:-': - :u"; -< N -0 (~J .r:- .;.- 8. William H. Black : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V Mark Kerlin tJd/b/a Northeastern Home Improvements : NO. 03..2741 CIVIL TERM ORDER OF COURT AND NOW, June 15,2004, counsel having failed to call the above case for trial, the case is stricken from the Juy 12, 2004 trial term. Counsel is dinlcted to relist the case when ready. By the Court, Robert A. Taylor, Esquire For the Plaintiff Gregory R. Reed. Esquire For the Defendant ~ - ~ c;-!7-0'{ Q-. Court Administrator 1d ~ c.> t:~ l.l,ls:'; ()/~-.;: ct:~,,1. ~r~' ~g ':':l~ u.-::r; ..... '6 N .::r - -.,- 0.:. .- - ..,.. ...- '7. :::>4 ',-- >:=:>?" ,~:?j ~:::~?Q .-",6:;, \_:U(b ;j-;~b- ~5 (,) -"'" ~ .:r = ~ 'dlN\H\ 1X8 ~\~a?,d I "lnrY\ (." .,. J:'~JINn'" 1\..1...1\, \.._',."', 0',,','-' (, J 62 : I ~ld 91 rmr ~OOZ t-tN10NOH10l:id 3Hl :l0 -""j~rL11""I:I :1-Ji.,.l,"V-\J::! ; WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBI~LAND COUNTY, : PENNSYLVANIA v. NO. 03-2741 Civil MARK KERLIN tJd/b/a NORTHEASTERN HOME IMPROVEMENTS, Defendant CIVIL ACTION - LAW STIPULATION OF PARTIES REGARDING DISPOSITION OF PRELIMINARY OBJECTIONS The undersigned counsel representing all parties to this proceeding have agreed that in lieu of the court disposing of the Defendant's Preliminary Objections, Plaintiffs will file an amended complaint not later than July' 612004, repleading their causes of action for breach of contract and breach of warranties. Plaintiffs will not attempt to plead a cause of action for mitigation of damages. 4/;L Robert A. TaYI~ESquire - Attorney for Plaintiffs 45 Old Farm Road Camp Hill, PA 17011 6fe~~Q ~/rt~Y' Attorney for Defendant 3120 Parkview Lane Harrisburg, PA 17111 0 r--> C' t.? (- c:;..~ -n ...- '- --1 Ci'\ c:, ::c -n , ,11 i= .~ m N :::~, 0 ... C~) . ..\ ("> -0 7':~ :;'i t:::, ::- f.2 ",c;, I'.' c: r;? ..' '<'.-., ;.l-~~ =< 0"\ WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBELAND COUNTY, : PENNSYL VANIA v. : NO. 03-2741 Civil MARK KERLIN t/dlb/a NORTHEASTERN HOME IMPROVEMENTS, Defendant : CIVIL ACTION - LAW 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 ~md 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 Defendant. You may losl~ money or property or other rights important to you. NOTICE TO DEFEND AND CLAIM IUGHTS YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA wYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas quese presentan mas adelante en las siguientes paginas, debe toma accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falIa de tomar accion como se describe anteriormente, e1 caso puede proceder sin usted y un falIo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en constra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDlATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES PO SIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Date: ~~/ ~dl)Y G~4 Attorney for Plaintiffs 3120 Parkview Lane Harrisburg, P A 17111 (717) 238-0434 Attorney J.D. No. 23705 WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBELAND COUNTY, PENNSYL VANIA v. NO. 03-27411 Civil MARK KERLIN t/d/b/a NORTHEASTERN HOME IMPROVEMENTS, Defendant CIVIL ACTION - LAW DEFENDANT'S ANSWER TO AMENDED COMPLAINT AND NEW MATTER NOW COMES, Mark Kerlin, individually, and Mark Kerlin as President of Northeastern Home Improvements of Harrisburg, Inc., and answers the Plaintiffs' Amended Complaint in numbered paragraphs as follows: 1. Neither admitted nor denied. 2. Specifically denied. Mark Kerlin has at all times mlevant to this proceeding functioned only as an officer of Northeastern Home Improvements of Harrisburg, Inc., a Pennsylvania corporation. 3. Answering Defendants' answer to paragraph 2 hereof is incorporated herein by reference as though fully set forth herein. 4. Admitted that Plaintiffs entered into a written contract with Northeastern Home Improvements of Harris burg, Inc., a complete copy of which is attached hereto, marked Exhibit" I " and incorporated herein by reference. However Plaintiffs have not attached the entire contract. The specific provisions of said contract speak for themselves. Neither Mark Kerlin nor Northeastern Home Improvements of Harrisburg, Inc. made any verbal warranties or assurances. Verbal warranties and assurances are prohibited by the express terms of the contract. 5. Specifically denied. Neither Mark Kerlin, individually, nor Northeastern Home Improvements of Harrisburg, Inc., are responsible for any poor workmanship or any other factors that would have caused the roof in question to leak. Strict proof is demanded at the time of trial. However, it is again asserted that all workmanship and all products were of the highest quality and therefore the roof would not have needed repair or replacement. 6. Answering Defendants' answers to paragraphs 1 through 5 inclusive hereof are incorporated herein by reference as though fully set forth herein. 7. (a) Plaintiffs allegations ofa violation and/or breach of the written contract and failure to perform the roof work in conformity with the written contract and acceptable standards of workmanship are conclusions of law to which no responsive pleading is required. Nevertheless, it is specifically denied that the shingles were installed improperly or in a manner that would have caused or permitted a leak. It is specifically denied that the flashing was not properly installed and it is further specifically denied that the roof vent was installed upside down. Northeastern Home Improvements of Harrisburg, Inc. did not damage Plaintiffs' gUllters and replaced any and all plywood as per the contract. Strict proof is demanded at th(~ time of trial. It is 2 specifically denied that Plaintiffs were required to have another contractor remove the shingles and replace the roof. (b) Plaintiffs' allegations as they relate to standards of workmanship and quality of workmanship are conclusions oflaw to which no responsive pleading is required. Nevertheless, said allegations are specifically denied. Answering Defendants' answer to subparagraph (a) of this paragraph is incorporated herein by reference as though fully set forth herein. Furthermore, Northeastern Home Improvements of Harrisburg, Inc. was not given any opportunity to inspect, analyze, repair or correct any alleged deficiencies, all deficiencies and workmanship being denied. (c) Specifically denied. Answering Defendants answers to subparagraphs (a) and (b) of this paragraph are incorporated herein by reference as though fully set forth herein. WHEREFORE, Answering Defendants demand judgment for Defendants and against Plaintiffs. 8. Answers to paragraphs I through 7 inclusive hereof are incorporated herein by reference as though fully set forth herein. 9. Plaintiffs' allegations are conclusions oflaw to which no responsive pleading is required. (a) Plaintiffs allegation that a warranty was voided is a conclusion oflaw to which no responsive pleading is required. Furthermore, the shingles were applied 3 properly in accordance with manufacturer's standards and common practice among building contractors. (b) Specifically denied. There was no unprofessional workmanship as it related to the application of the shingles. Said allegation is a conclusion of law to which no responsive pleading is required. The statement: "would not 'slap a roof on in one day'" is not a warranty. (c) Allegation of a violation of a verbal agreement is a conclusion ofIaw to which no responsive pleading is required. Verbal warranties and agreements are prohibited and void by terms of the contract. It is specifically denied that Northeastern Home Improvements of Harrisburg, Inc. was given an opportunity to inspect or repair deficiencies, which are denied. (d) Said allegation is a conclusion of law to which no responsive pleading is required. Furthermore, Plaintiffs received all warranties, if imy, set forth in the Contract. 10. Plaintiffs' allegations constitute conclusions ofIaw to which no responsive pleading is required. Nevertheless, deficiencies in the roof are specifically denied and Answering Defendants answers to paragraphs 9 (a) through (d) inclusive hereof are incorporated herein by reference as though fully set forth herein. Proof of the need for emergency repairs and costs are specifically denied. WHEREFORE, Answering Defendants demand judgment for Defendants and against Plaintiffs. 11. Answering Defendants answers to paragraphs 1 through 10 inclusive hereof 4 are incorporated herein by reference as though fully set forth herein. 12. Plaintiffs failed to mitigate damages. Plaintiffs did not give Northeastern Home Improvements of Harrisburg, Inc. any opportunity to inspect or repair any alleged leak or other deficiencies and therefore were not forced to incur any costs with another contractor. 13. Specifically denied. Answering Defendants answers to Paragraphs I through 12 inclusive hereof are incorporated herein by reference as though fully set forth herein. WHEREFORE, answering Defendants demand judgment for Defendants a against Plaintiffs. NEW MATTER 14. The contract in question specifically provides that "verbal understandings and agreements with representatives shall not be binding. All understandings and agreements must be set forth in writing in this contract." 15. Plaintiffs failed to mitigate damages. 16. Proof of actual loss is demanded at trial. 17. Count I alleging a breach of contract and Count III alleging negligent performance of written contract do not constitute separate and distinct causes of action. 18. Plaintiffs failed to allege any written or verbal warranties and as such no cause of action from breach of warranty exists. 19. Answering Defendants demurrer to Plaintiffs' Amended Complaint for failing 5 to state claims and causes for breach of warranties and for negligent performance of a written contract. 20. A copy of the entire contract is attached hereto, marked Exhibit "1" and incorporated herein by reference. WHEREFORE, Defendants demand judgment for Defendants and against Plaintiffs. Date~ ~ dooy ~ , 6 CERTIFICATE OF SERVICE '31~ AND NOW, thi~y of August, 2004, I, Gregory R. Reed, Esquire, Attorney for Defendant, do hereby certify that I have this clay served by first class mail a copy of the attached Defendant's Answer to Amended Complaint and New Matter to the following address: Robert A. Taylor, Esquire 45 Old Farm Road Camp Hill, PA 17011 ~~f ~ed, Esquire ~ Attorney for Defendant 3120 Parkview Lane Harrisburg, Pennsylvania 17111 (717) 238-0434 Attorney I.D. 23705 ~ BEE r;- '.) \ .,'. \ i.:'!; (\ '"'.-'1 i.1 'j ~/ /, <~ j ../;j);'t '-('t, rr: e ALCOA '~ . MEMBER EAsTERN Pc.NNSYLVAH'A BURfAu ~ HOME IMPROVEMENTS 125 North Enola Drive. Suire l06 Enol.. PA 17025 !I17) 732-3600 Name: t!/// ,A/ .. atf.;:.~ /( 6<<.: n(~ Home Phone:L-J Mailing / ~ '/ /.7 /?' f-? Business Phone: ( I Address: /-50:> .~ //;'~.,v ~-"...- City: ('~__/;~ /_/ State:._~7..7 Zip: i . /' l/We.the owners of the premises described belOW, hereinaller referred to as .PurChaser" offer to contract with Northeastern Home Improvements, hereinaller referred to as 'COntractor" to furniSh, to deliver and arrange Jar installation of all matenals necessary to improve the PREMISES LOCATION' AT: ,/" .,~~- (CITY) /' ,1""'-:-"'--:>-"";;:(.>,;:;' y, :;'~:)/,,- .s--~ (STREET) c.;,...O acCOrding to the following specifications: (STATE) (ZIP) --) ." --~ ;~'~r" ..:"-- "/'.>/' -' /4'~ '-'~"''"~ ........ _",-;r p?~ ,.<~./ .,...."C--. '" ~x~. ~4:':~:- .':>?;'.~"'" "-". ,~J,::{:..-...;. ..s.. /.~.(";F ..:...-~-,",.,:~..., - ',:~ '........ :"",i ","i: . /-".-<.7.'-" ..,; , ~ - -<---< ";.~,~-,,-<. -' ....,. '~_. , <..~:~, -c- ",.,,- -' .','1' ..:;-. -~. . - . ~ "~~i~' ":./' .....',.....~. ;"., .r:-,..,,, _~ -;';::'-.~~.-- ....-.:..~,',.-...r~~/:~.. ."",:~"'" ,....~_ ...4'"....... "-' =- '.-?-'C, , :-> "..(,.,..' ..;, -,~. , .::;'~_'f:/-;..~"- .'!.-"".:;,;.. ,.'~'[,",? "'(', ';:'-:;".;;.....- ,), "<'" :......-- '. / ---- .n _.._c~:r ' ~:):'>1- '~./ ,.'O~_",.#?~.. t..--:f.~...;;-/ ,....:::;. c;.,; '"0:; / ~~..,< -~ 'j, ./'''' c..4-z...,., -<. :0 j'-, J,r <../. \...... .... <' L...........---c:,/> -'-J.i!'-r:.....) {....;:>"./ - . z.. "/ / ,. . '<t:}...r....... . L- "r ">, j . ~,.., ,E.' "~.:;:.J:-~ ..' , 'L,.,r/ /I.-J/_..CY C.r.e;.r<~.. -(-r'~ / -, - // , ,,~, T,r.....",...;4t. /~ 7.;:;:""~ .....::.-.._ / "./ ';v -- .' .", t:"""'> ___ ~r"~~_ -;:.'1<<,<" u // ~ I",,,~, '.>'" .....A!:k? ~ /h~ _/.<-'?' ;~__t':..- --" /i ./ ~../ C:i~ -"-:.-C.f~..._.... ~"""""'.t':;""':;:Y-;-~ he CASH PRICE 'OO'a//laborandMaIeria/(inducling""YiIJlIlIcoblo discounls) is S ,-;':' >/:7 """,: Cash 0 Cred~ 'ia-(Subject 10 lhe _ or !he Credit Sales Oepartmenl.) 1lY.. is · cash Iransact;"'.!he _chase price shall "" pWd as '-s: ''')DClWnP_S /p-;:;':;:-, Balancef'ayabr.,s C""'_' T"IaIPr1ce s! p>,~,V his is . credillransacllon. lhe - to. ~ is contained In . _.Ie document wrnch is Incorpo""oo ,'''',"" by re'erence and made. part Iher..,r. e me "ndersig>ed "'e hereby ~ NORTHEASTERN HoME IMPROVEMENTS ,,, ,erlly'lJd rl!'Vlew my/our croon r"=<d wnh an independent ;1 reponing agency and release Ihem from allliat>;/ity inctned from inadvertenlomissions or errors. ~:!! "_"'andings 'nd _s "'"'" r__iYes Shall "'" be binding AIO Undorst....ngs 'nd ogreeomenls must be set rort" In '''''''09 in 'his ifact. ADDITIONAL PROVISIONS ARE STATED ON REVERSE SIDE AND ARE PART OF THIS CONTR'ACT. ~ - ~ V/.-,_ ./ , '.~~;47~ ,?-" , 7z... _/'L.I"~~' , ~. ~:7 '/" ,~-....__-i:. :., ,~ Gj?.vt~-<< :--1.'- /l "'hrr--..:.:.--& ,5' 4~~'1 ./ &'-r...~'" / ,;-'.--'.;.~:.::_". /~.~ /"":,",- ',' ;;:, ~ -~~.;;::- "'~"'<r:>-.f,.r ....r4~,~. ~~___ ./ +~ -~-;//;'o.r ^ r..;,;:......)i~ /...,. ,.f---<", ,-, /.r ./~ ~.., ~-"'"- (~,' .;..,,.' ~:. ''l-y -.'" ...-l:./.;;t:.,r Contract Price s 5-: /~''7/"'f'':'" Sales Tax -0 ~'ITNESS WHEREOF Pur('"~(!':.) hav..- h.oor...mtn <:w--....... '-,,"-,,_\ 'hi.., ---." ...."...., -'=J;:<."., EXHIBIT "1" ~n '''~'''''dUU'' UT all malenalS necessary to improve the PREMISES LOCATION AT: _.:...'>-~-;<-_'C, -,--:'--,~7 , .,;.>" --;:--'---'<f~.:::;:;-:.--..?---_ (STREET) (CITY) (STATE) (ZIP) aCCOrding to the following specifications: ,-~:~') \" ../ .,/' ./~ -' <:-,"'I!~"t'" ,;.:~ '-,-.; " A-'_~--r :.. -"'~ -..- --("" dr#"- 4';/ ...~,.1:./'. ~_ }~-,=_:.. . ....,~~~-~..:.:-, - /~. "-' .-"'^'~. (~ ;,;;.:.? u..4.e .// "':;':J--:/~e';:/ .:..---, t,.- ~j.'.j ..c/ ~'~'?-< C./~'/ -;;....,.'/,:/ /.~~""~- .~ -, ;..;1~:~;:I.J-'i' ;;/ //./ ~ /- h:>-_ ~-' .'~' J ~ "-'f' '-ci!" -"7""" ;::- ~ ~::{ _::- ...,../ e.r- ,J~~~,_.r;;-' ~~"~ ,::/ , 2f-/ . ;! cl. -f ,.,)"2:<- c/-- ~~~:-_.~~, ~ .>/l-~;e " ~"<<;9-, "./" .-;'t:!''':'''--- .f'J ,tv" ./ : ..<..>=r ~"~-<.J '''-..._~" . />"" " ;;"1-0 """,.. }~: .& :/ ~;"~ ./.~ / ~.--~ .;',.-,.. ,,,0' --' "~..,...-I' -~~ -- /".~ 5:-::; A;:' < or &/ 7C>&~9' ,- ;;~- ,- , ",..-0 v' '::::')-4,7' -L/ { -...---/ ./ A.r.-,~,~Af/' .r ;~ ,-,.j/~';" k:-.i?:', /" ::;-' i/.<../: t' , '------......' <'~'~.,.- , ~:?.~h- A / A r"r.;,J."~ " -,,;;/, /:;.. ~oY. ./ ._......,.'.0 ,'.....-r:J;..~.....e._.. _ ~ ,_"'_, 'T ""'--.'::' ;.;::~~ f- ~-; ~ "/:.'=_ -://v:t- ~ Y-";- - ::.......... ' ,,-,.,~.k '-",J>". ''-'' C-"." '_~> ':: ..--h;.;;,., / / <~.~,'/~ .-::1.:: 'r- ,.,-:f' .(/.::~.J '-_L __./ . ....,. - .- ..t- r ~ ,..c.'_ ~-..-/ ,~ .. ...-yv, ./.'..? >t.: -< ..o'!?c-..,~( .r-- ,/' _/ / . -":_~<- ;:,-" , -".' , ,.~l.f/ .'~ ~.- ,:; ,- -f' .~ i___; "'" .-.~/.- _J-.-<.:.. .~j';j::/ .,,,,. <.~.... /~ ~.:\-:~:_, ~--p-~ . ...V ..-_"".."" n ._-'..-c' -/2. - .;'J ~.,-;:..o:-- .# .... , ",..... .:::--.;<.....'7 ....~ , ~_I , 'r '. /<. ~,.: --. ,:,..- ,-",;", 'r~.::.~ ."': The CASH PRICE for aU labor and Malena. (including any aj:lplicable discounts) is S Terms: Cash 0 C<editQ.-tsubjed 10 lhe "Pfl'OVaI ofthe Credit Sales Department) II this is a cash transaction. lhe pun:hase price shaff be paid as follows: CashOownP_~ /'9-';'r/ BalancePay.obles, C'~D TOlaIPr1ce S ,<, ;',7';/ II this Is a Cfedillransaclfon, lhe - fa credills contained In . separal. doctJment ..nich Is inc<lfporaleq h....,;n by ref....."". and made a part lhereof. Ifwe lhe undefslgned are he<eby aulhorizfng NORTHEASTERN HOME IMPROVEMENTS 10 verify and review my/our cred~ rOCOl'd with an Independent eredit reporting agency and release them from aU liability incurreq fTom inadvertent omissions a etlOfS. Verbal undeTsfandlngs and ....ce..~1ls with <eptesentatiYes shall not be binding. AI understandings ....1 ag<eeements must be set forth in writing in this Con!nIcl. ADDITIONAL PROVISIONS ARE STATED ON REVERSE SIDE AND ARE PART OF THIS CONTRACT. IN WITNESS WHEREOF Poo:haser(s) haIoe he<eunto signed !her name(s) this 7 day or --.::::::::~--V 20 and acknowledges recept 01 a true copy 0/ this Contract (PROVISION~""e 57, TEO ON RevERse) -" -;.."-- Contract Price s Sales Tax ~-... ~--'>-' .-~-,..' ." .f/ ' - <5 '- d UNLESS QTHERWISE SPECIFIED. IT IS UNDERSTOOO THAT THE OWNER IS IlEAOY FOR THIS WORK TO BEGIN. THE PURCHASE PRICE QUOTED ABOVE WIll BE HONORED ONLY UNTIL r? c' 2 DATE PtJrchaser understands and aorees that it rhis agreemant is CanCGled afler the recisio<, period thai the Purchaser is liabJe fer twenty-five (25%) of the lolal sales price as dam- ages to the contractor. SUBMtnEO BY" Pepr:sent:Mi>.<e- Do.. " / . . ~ ./_?! -(:{;~~~?~, Da!~ ACCU'JE09'::""'~eot~'ot"~it~~IIT~ / UTI",-,ds Do.. ,'/ ./~.... ,.'---'; j' ",6,~:f:~;~:/(~ ) ~<~~:::'.:: _..._-_.~"!:.._-_. ,'".: f Cr.l'~ Purchaser agrees to pay to the Contractor the reasonable costs 01 enforcement or cOllection, and/or if in the event it is necessary for the Contractor to retain an attorney andlor to institute legal proceedings, Purchaser a9rees to pay reasonable attorney's fees and costs i-lcurred, whether or not court proceedings are instigated, in addition to other sums. !'''STAlLATION. It is understood that Contractor may not install said materials but that by your signature you authorize Contractor to arrange for the performance of the installation by a quaJffied installer, You elso authorize Contractor (1) to issue an installation work order \'lith the specifications shown herein and (2) to pay the installer upon your eKecution 0,0 a completion certificate establishing that the instal- !ation has been satisfactOrily completed, YOU agree to pay to Contractor the amount Specified herein, which will cover the prices of said materials and the inSl<lllalion charge. ''\ny surplus materials remaining after completion of this job shall remain the property of Contractor, No credit is due you on returns. There shall be no liability for delays in, or failure to complete delivery or installation of all or any of the herein mentioned merchandise, if due to any cause beyond Contractor's control, inclUding but not limited to fire, strike." Wat, governmental regulations, labor or material shortages, and weather conditions. This Contract and the agreement for credit, if i,lIly, Shall constitute the entire agreement between the parties, which entire agreemant and 5pecification shall nOI be altered or modified except by written agreement by the parti"s herein. N THE EVENT THIS OFFER TO CONTRACT IS NOT ACCEPTED BY CONTRACTOH. ANY PAYMENT MADE, HEREUNDER SHAll BE REFUNDED TO THE PURCHASER(S) AND THIS PROPOSAL SHAll BE NUll AND VOID AND OF NO EFFECT, CONTR'l.CTOR ;S NOT RESPONSIBLE FOR EXISTING STRUCTURAL DEFECTS, DRY ROT OR CODE VIOLATIONS. NO REPAIRING. PLASTERING, 8ARPENTRY OR DECORATING IS INCLUDED UNLESS SPECIFICALLY CHARGED FOR AND SPECtFIED IN WRITING HEREIN. ,=nvironmental probiems or hazards involving the residence are not Ihe responsibility of the contractor. Customer shouid notif,. contrae- 'or immediately of any known or sUSpected environmental problems or hazards, tor example asbestos or lead paint. In the a,,'am 01 an anvironmental problem or hazard it is the responsibility of the customar to rectify. If not r"ctified, the contracter, at its sole discre!ien, may :ontinue or terminate this contract. 30 to 45 days after date of cancellation any down payment wi!l be refunded VERIFICATION I, Mark Kerlin, President of Northeastern Home Improvements of Harrisburg, Inc" hereby verify that the statements in the foregoing Answer to Amended Complaint and New Matter are based upon information which I have provided to my attorney, I have read the Answer to Amended Complaint and New Matter, and the allegations are true and correct to the best of my knowledge, information, and belid, However, the language of the Answer to Amended Complaint and New Matter is that of counsel, and not my own, To the extent that the contents of this Answer to Amended Complaint and New Matter are that of our attorney, I have relied upon him in making this verification, I understand that the statements therein are made subject to the penalties of 18 Pa, C,S,A, Section 4904, relating to unsworn falsification to authorities, Date ;>; c9r r:] ~ 6" B~~~ . Mark Kerlin President of Northeastern Home Improvements of Harrisburg, Inc, "~ ""-' \....'. '. f.; ~' ~~-: t',) ,c.. .," )>c z ~ (') s ,...., = <=> .s:- ;p- c:: C") W ~ :r:n nlr -om :00 SJ(') :i~:ri ~2o 6rn --I -". ~ -0 --~ ~ o w In the Court ofConunon Pleas of Cumberland County, Pennsylvania William H. Black Deborah A, Black Plaintiffs Civil Action - Law (Docket # 03-2741 Civil) v Mark Kerlin, T,D,B.A. Northeastern Home Improvements Defendant Answer to New Matter And now, come the Plaintiffs, and answer the Defendant's "New MaUer" as follows, The allegations of paragraphs 1-13 of the Plaintiff s "Amended Complaint" are incorporated by reference: 14.) Denied. By way of further answer, the allegations of paragraph 14 are a conclusion of law to which no answer is required. 15,) Denied, By way of further answer, the plaintiffs attempted on multiple occasions to meet with the Defendant(s) to have them inspect/correct defects in the roofing work they performed, but were ultimately forced to seek emergency repair and replacement of the roof by another contractor because the Defendant's ignored the Plaintiffs, 16,) Admitted, 17,) Denied, By way offurther answer, the allegations of paragraph 17 are a conclusion of law to which no answer is necessary, 18,) Denied. The Plaintiffs did, in fact, allege breech of written and verbal warranties, which does constitute a separate cause of action, 19.) Denied. The plaintiffs did set forth valid causes ofactioll, as detailed in the "Amended Complaint", 20,) Denied, By way offurther answer, the Contract necessarily indudes an implied warranty that work would be performed in a professional manner and would be of a quality expected from a professional roofer. Wherefore, the Plaintiffs request judgment against the Defendants as set forth in their "Amended Complaint" costs associated with the pending litigation. Respectfully Submitted, ~~ Robert A Taylor Attorney for Plaintiff s Verification I hereby agree and verify that the facts set forth in the above Answer to New Matter are true and correct to my knowledge and belief, h)II,'o- }I/fnJ r:?h~l &.i.~ ~~c;?Ll Certificate of Service I hereby verify under penalty of law that the above Answer to New Matter was served on the parties listed below on 09/13/04 by placing a copy in the U, S, mail, Mark Kerlin, T,D,B.A Northeastern Home Improvements 417 State Street Enola, PA 17025 Gregory R, Reed, Esquire 3120 Parkview Lane Harrisburg, P A 17111 ~~T~ ~~ () (".. ".- (..F, ...., C'::;) c-;,;;, ~- ~ !...t'; Cj '. ::;;J 0, :s? }W, II, ~~ 1/ IJ/..J( ~J PM fJ \ ) II I. / <w:._hOf'v.-n () u-...J, v' 1 vt1 ",k Ie "-" r...I'- tI.rr>A Dc~r, l\rCN"'I-k",,)-~ '!"""z. :-.r( r<> ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-)..7'1/ CIVIL 19 c3 RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, TIlE JUDGES OF SAID COURT: J!. f;: ! LA/' . counsel for the plaintiff/defendant in the above action (or actions), respectfully represents t t: I. The above-captioned action (or actions) is (are) at iss:15 2, The claim of the plaintiff in the action is $ 11 () () The counterclaim of the defendant in the action is The following attome~are in}erested in the case(s) as counselor are otherwise disqualifie~ to sit as arbitrators: d.Lr'f-/f I~)- f.r 2. Z- rl- AU A-J ~~t- v'~ WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, Respectfully submitted, ~icrf/l7 J'- z ~ [ ORDER OF COURT AND NOW, , 19_. in consideration of the Esq" , Esq,. are appointed arbitrators in the above captioned action (or foregoing petition, Esq.. and actions) as prayed for, By the Court, PJ, CERTIFICATE OF SERVICE AND NOW, this 1st day of February, 2005, I., Robert A. Taylor, do herby certify that I have this day served by first class mail a copy of the attached Petition For Appointment of Arbitrators on counsel for the Defendants at the following address: Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 /~~~ Robert A. Taylor, Esquire Attorney for the Plaintiffs 45 Old Farm Road Camp Hill, PA 17011 (717) 737-5653 Attorney 1.0, 54039 J.,c,. -p~\~ - Ij ~-J p- I ~ Q )..) ....::l b-J ~:_~~~ (},\ c~ (,,1" -r\ -rt"l C,? \ 0-> ~" c.:? C) U'. '" '. ~ ~" ,2w, ii, ~'^^ 1/ M""J '-if'J PI~II/"'-hG ,u-h ,11v.J. v' 1M ",/, Ie ><J' f.-v' -;f.lt>#, O(~r, r. II ! 1\ <N,n,~_...st-~ I ,,,,v...z. ~vVr r<>~.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 0 3 -;). 7'-1 / CIVIL 1903 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: i.. '<:4'1 J:tif. / <AJ , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents t t: 1. The above-captioned action (or actions) is (are) at issue, ~. 2, The claim of the plaintiff in the action is $ 7'100 The counterclaim of the defendant in the action is The following attome~e iierested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: d.Lrl- 4 {~;- or 2, L-- /I- A-i.rf ~ ~~t. "'~ WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, Respectfully submitted, Lir-fil7~ f5[ ORDER OF COURT AND NOW, = ~ ' W?,10 {in consideration of the foregoing petition, ~ &J..--' ~/tA. i# Esq.,A!;').< '/#.d' d~<:k !)., Esq" and (); '/II) ~ cL "j? .J ~ Esq" are appointed arbitrator~n the above captioned :c~on (or actions) as p yed for, P.1, /~~. ~ '--(7 (Z ,A71a 1/- ~. z:-:);~ f. ~ -.J..., A~ d... .f_ '/~""J ~ erh 3I,./dfA.j--- ! -, ') t.. :(, ,- " -..' ~ , 01 WILLIAM H BLACK DEBORAH A, BLACK In The Court of Common Pleas of Cumberland Plaintiff MARK KERLIN t/a/d/h/a NORTHEASTERN HOME IMPROVEMENTS Defendant County, Pennsylvania No,..1.Q.Q.l: 2741 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 Consti tion of this Commonwealth and that we will discharge the duties of our office with fidel", f Met Ur A- Signature DOUGLAS C. LOVELACE, ESQ, Name sig{1 Ht7--- .... ,TOHN Iii MA NC.A N, RSQ. Name Law Firm t.~.,./ of.{ .'Y. J J /t.. ~_ Law Firm r ,r 3Z EAST HIGH STREET Address IRWIN & McKNIGHT Law Firm 60 WEST POMFRET STREET Address 36 DONEGAL DRIVE Address CARLISLE, FA 17013 City, Zip CARLISLE, FA 17013 City, Zip CARLISLE, FA 17013 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,) q[' , t-,- (.0.. {. ,.. ~ l..A III ES Date of Hearing: JUNE 17, 2005 Date of Award: J.... 17 ~) I {ff~' Y? /1. ( Chairman) Notice of Entry of Award ~ ~ ~ Now, the /1 day of ,20 06" , at /:1 :O<f , ..L..,M" the above award was entered upon the docket and notice ereof gJven by mall to the parties or theIr attorneys, Arbitrators' compensation to be paid upon appeal: $ ;296, 1)rJ t}~ By: Deputy tlf Jr1 J-P; P' ~ 0'-- r ~ ...."'.... -\ () r--> 0 = (":; "'" -(1 <J' "'"';:',1 C: <- :?--n r'\" C < ::;l: rnE .< -1"""\" (,.t'..>, - i!Y -l r" ,::\0 ~:;-. "'"" ~)?~ :;Z. ( :r: {m 'j;.~ c' ~ Om Z ,:c{ J? -,\ 0 -P -" ;.- '"'" . , . <I> - '\, ...' ....~... \,' w,.-//;-._.., Oe /,.-,r-.. /. /I iJ/~,,/( ;4 If 4< Ie Dr THE COURT OF COMMON PLEAS C'ffiiffiERLArm COtTr-lT"'[, P"3:NNSYL VAI'lI.!\. t1 /~,~ -r.f-F No. C?j>- c2 7 '1/ (,,,.-,1 kr,." J'1'1o-rl-<: I<er/;:W ra...,~ 6 r, /V<'Y'r~ &d-e.--.v "f'___ .:;;:~ d"-H.-J",",-' 1'- NOTICE OF APPEP.L FROM AT,.rfl.lID OF BOARD OF ARBl'TRATORS TO Tlili PROT.!i:ONOT.ARY: Not ice is ghren t~t /J'I,;-v II ;<e..,-;';" ;t:/~"( ;;:,:,1 /I-. + appeals :'rom the award ot' the board of' arbitrators entered in this case on b~ 17 - Os A jury trial is demanded D (Cheakk box if a jury trial is demanded. OtheI"'..rise jury trial is ',aived.) I hereby certify that (l) the compensation of the arbitrator's 1-..as been paid, or (2) application ~s been made for pernlission to proceed in forma pauperis. (Strike out the L~applicable clause.) 7j1~r- ~~P:J ~ ( Appellant ,or Attorney for Appellant NOTE: The. demand for jury trial on appeal from comoulsory arbitration is ~~ed by Rule 1007.l (b). - (b) No affidavit or verification is required. (') r--> ~, = ~, c ~ -n ef' <--- ~ C ---,. . -' ~ : - - 0) ~: \\ - (';:;1 t ,j) ~ --' :+: - ~ ~ ~ ~ ~ () t' \\ ...!) ~ t .::::;;- r. WILLIAM H BLACK DEBORAH A. BLACK Tn The Court of Common Pleas of Cumberland Plaintiff MARK KERLIN t/a/d/b/a NORTHEASTERN HOME IMPROVEMENTS Defendant County, Pennsylvania No..lQ.QJ...- 274] Civil Action - Law, (; Oath We do solemnly swear (or affirm) that we will support, obey and ddend the Constitution of the United States and the Consti non of this Commonwealth and that we will discharge the duties of our office with fide' 't Met (j A- DOUGLAS C. LOVELACE, ESQ. Name Sig!' Hl7~ ... JOHN ~ MANGAN, RSQ. Name Signature IRWIN & McKNIGHT Law Firm Law Firm L.or..... t)~...,.. .LJ..Lc..~__ Law Finn , ,r 3~ EAST HIGH STREET Address 60 WEST POMFRET STREET Address 36 DONEGAL DRIVE Address CARLISLE, PA 17013 City, Zip CARLISLE, PA 17013 City, Zip CARLISLE, PA 17013 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,) I2:Y~~~ ~ :1.~'f;_r:0< tb, ~I.,,,hrp r....i- '''~l..A I ~;I. ':n. It:) J WC.5::lc;.4L{ -g ,Arbitr or, dissents. (Insert name if applicable,) O~ o ~~ Date of Hearing: JUNE 17. 2005 CU A, McKN III ES Date of Award: .L. 17 ~) I (tffr.~ (Chairman) Notice of Entry of Award ~~ Now, the 11 day of ,20 t'J(f' , at 1..:/ : D'I--, .J2..,M" the above award was entered upon the docket and notice ereof given by mail to the parties or their attorneys, Arbitrators' compensation to be paid upon appeal: $ .;1.90, eJ/7 t)~ By Deputy . " In the Court of Common Pleas of Cwnberland County, Pennsylvania MAY 1820Y William H. Black Deborah A. Black Plaintiffs Civil Action - Law (Docket # 03-2741 Civil) v Mark Kerlin, T.D.B.A. Northeastern Home Improvements Defendant Motion to Set Aside Defendants Appeal of Arbtrators Award and Certify Arbitrators Award as Final Judgement, or in the alternative, to List the Case for Non-Jury Trial 1) On July 18, 2005, the Defendant in the above captioned Civil Action(Mark Kerlin) filed an Appeal from a Notice of Entry of Award of Arbitrators. A copy of the the Arbitrators Award in favor of the Plantiffs and the Notice of Appeal which was filed by the Defendant are attached. 2) The Plantiffs allege that the Defendants Appeal of the Arbitrators Award(entered June 5, 2005) was not timely filed on July 18,2005, and should should therefore be set aside and the Arbitrators Award certified as a Final Judgement of the Court. 3) The Plantffs allege that the Defendants Appeal of the Arbitrators Award was not filed pursuant to the Pennsylvania Rules of Civil Procedure and Local Rule inasmuch as it is not appearent to the Plantiffs that the Defendant paid the Compensation of the Arbitrators($290.00), or made application to procede informa pauperis. In addition, the Defendants appeal was not filed on the Plantiffs. 4) If the Court should determine that the Defendants appeal of the Arbitrators Award was timely and properly filed pursuant to the Pennsylvania rules of Civil Procedure and local rule, then the Plantiffs hereby request that the matter placed on the Non Jury Trial List and scheduled for Trial. The Plantiffs certify that the matter is ready for Trial. Wherefore, the Plantiffs request that the Defendants Notice of Appeal of the Notice of Entry of Award of Arbitrators($6,529.44 plus costs) dated June 17,2005 be set aside, and that the Arbitrators Award be certified as a Final Judgement of the Court. In the alternative, the Plantiffs request that the above captioned Civil Matter be placed on the Non Jury trial list for disposition. d ;:>... & ow Q ..,.- I:;:C5 t-1;!:; TO CO::: i:l~ ~iE ~ ;:.... ~ "-C> c::::. ~ - - ?::: ::?" ~:5 _ ~?i "..~....J . -- ;r~? .5/5 ~JCl... -<2: .:::) () - .:r: a.. 0"\ - i'. . Certificate of Service I hereby verify under penalty oflaw that the above Motion to Set Aside Defendant's Appeal of Arbitrators Award(or in the alternative to List the case for Non Jury Trial) was served on the parties listed below on 05/17/06 by placing a copy in the u.S. mail. Mark Kerlin.T.D.B.A Northeastern Home Improvements 417 State Street Enola, P A 17025 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PAl 7111 /k~ Robert A Taylor . . WILLIAM H BLACK DEBORAH A. BLACK In The Court of Common Pleas of Cumberland Plaintiff MARK KERLIN t/a/d/b/a NORTHEASTERN HOME IMPROVEMENTS Defendant County, Pennsylvania No...1llill..- 2741 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 Consti tion of this Commonwealth and that we will discharge the duties of our office with fide.. t tlfd<l. ~A- Signature DOUGLAS C. LOVELACE, ESQ. Name s4t Hf7- .... .JOHN tiI.. MANGAN, F.~Q. Name IRWIN & McKNIGHT Law Firm Law Finn L~..,/ () f.( · "1f .J..J.LI.. .ay __ Law Firm r ,~ 3XEAST HIGH STREET Address 60 WEST POMFRET STREET Address 36 DONEGAL DRIVE Address CARLISLE, PA 17013 City, Zip CARLISLE, PA 17013 City, Zip CARLISLE, PA 17013 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.) ~ '. ~ tUft?!; (Chairman) Date of Hearing: JUNE 17, 2005 Date of Award: _L" \7, ~) Notice of Entry of Award .. ~ ~ Now, the /1 day of ,20 tJd' , at /.;. ;0<1 , ~,M., the above award was entered upon the docket and notice ereof gIven by mail to the parties or theIr attorneys. Arbitrators' compensation to be paid upon appeal: $ .296.00 By: Deputy . !Ji7 /!:1'/;-.:.. rf1 () l ",,<0'- t H ;J (eo C Ir If II 4,; 1(' IN THE COURT OF COMMON p!:RA.S cm.m:ERI.J..ND COUNTY, nNNSYL VANIA.. ~ ~ /...,;. -r.'~ F No~ 0.1 - .;L 7 '1' I CrY'. I -kr~ )'Yl 0./"1<' (< e.r (,w r c...,.L !J ~ ,/Vcr-f't, &...r-f__~v ,</~ .;~ tJa.h-/elA-t r NOTICE OF APPEP-.L FROM AWARD OF BOARD OF A..~ITRATORS TO T~ PROTEONCTP-l,t{y: Not ice is g1 ven that /J1N II ;(<< /.~ ;f/~-1. ~JI- ~ ~ ap-pea.ls from the award of the board of' arbitrators entered in this ca.se on 6- 17 - 05 A jury trial is demanded a. (Cheakk box if' a jury trial. is demanded. OtherrNise jury trial is \.;ai ved . ) I hereby certify tl"t.a.t ' (1) tr..e compensation of the arbitrators has been paid, or (2)' application has been made for permission to proceed in forma. pauperiS. (Strike out the l..."lapplicable clause.) /h~~ Appellant or Attorr.ey for Appel1~"lt NOTE: Tbe, demand for jury tri2.l on appeal from compulsory arbitration is g~ed by Rule 1007.1 (b). (b) No affidavit or verification is required. . '" WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBELAND COUNTY, PENNSYLVANIA v. NO. 03-2741 Civil MARK KERLIN tJdlb/a NORTHEASTERN HOME IMPROVEMENTS, Defendant CIVIL ACTION - LAW DEFENDANT'S RESPONSE TO MOTION TO SET ASIDE DEFENDANT'S APPEAL OF ARBITRATORS' AWARD NOW COMES the defendant, Mark Kerlin, trading and doing business as Northeastern Home Improvements. by and through his attorney, Gregory R. Reed, Esquire. and responses to Plaintiffs' motion as follows: 1. Admitted 2. Specifically denied, The thirtieth day for filling the appeal fell on July 17,2005 which was a Sunday, Therefore, filing the appeal on Monday, July 18,2005 was timely as per Pennsylvania Rule of Civil Procedure No, 106 (b), 3. Specifically denied, A review of the prothonatary's file evidences payment of the arbitrators' fee of $290,00; clear documentation of the same is in the file, 4. Defendant does not seek a jury trial. . ~ Wherefore, Defendant respectfully requests this Honorable court to deny Plaintiffs' motion to the extent that it seeks to strike or set aside the appeal. Date~ .< 3f .zOO lp , Gregory R. Reed, EsqUire Attorney for Defendant 3120 Parkview Lane Harrisburg, P A 17111 (717) 238-0434 Attorney ID #23705 2 . ..... o CERTIFICATE OF SERVICE AND NOW, this 23rd day of May, 2006, I, Gregory R. Reed, Esquire, Attorney for Defendant, do hereby certify that I have this day served by first class mail a copy of the attached Defendant's Response to Motion to Set Aside Defendant's Appeal of Arbitrator's Award, to the following address: Robert A, Taylor, Esquire 45 Old Farm Road Camp Hill, PA 17011 G4~ Attorney for Defendant 3120 Parkview Lane Harrisburg, Pennsylvania 17111 (717) 238-0434 Attorney LD, 23705 n ~~. ~i~:-- IJ.)'- !',",;;;-- ~,i :.:,~ s::: ~-':; '" ,...., "'" CJ <f' -" ~~ -"" r-:> .r;- .. -0 ::;: ~ o -n ~.,., [\1 r: -O~ ~_:J '-." ,.... ' ~<\() -:.1'~)':l} , -;-~ ( ) ___<,-en 9 ~ ,-..., UJ WILLIAM H. BLACK, DEBORAH A. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MARK KERLIN t/d/b/a NORTHEASTERN HOME : IMPROVEMENTS, Defendant NO. 03-2741 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of June, 2006, upon consideration of Plaintiffs' Motion To Set Aside Defendants Appeal of Arb[i]trators Award and Certify Arbitrators Award As Final Judgement, or in the Alternative, To List the Case for Non-Jury Trial, and Defendant's Response to Motion To Set Aside Defendant's Appeal of Arbitrators' Award, and following a review of the record, it is ordered and directed as follows: 1. Plaintiffs' Motion To Set Aside Defendants Appeal of Arb[i]trators Award and Certify Arbitrators Awards as Final Judgement, or in the Alternative, To List the Case for Non-Jury Trial is denied; and 2. Either counsel may list the case for non-jury trial at his convemence. BY THE COURT, vlobert A. Taylor, Esq. 45 Old Farm Road Camp Hill, P A 17011 Attorney for Plaintiffs 0\. ,0U> ,~ aU 11 \1'j !\J V/~'"l .\8\! I\t3d ~,. t I,",(-r, '. ,-;, '''-;'''''n8 ' 'I ".1 . '.'''''''1 . , l.. '/, i \. " - " ,\1 ~ 20 : I t"ld 9- Nnr SOOl AU"'t!lUi',!r,;-i :(\:.J :1'-11' -10 Cj'V 1~'\J~J~,~.......l.....i-J ~I~ - j~)i,:HO-(EJl!:l . v6'regory R. Reed, Esq. 3120 Parkview Lane Harrisburg, PAl 7111 Attorney for Defendant :rc ..., ...... , PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in dnplicate) TO THE PROrnONOTARY OF CUMBERLAND COUNTY Please list the following case: D for JURY trial at the next term of civil court, 181 for trial without a jury. CAPTION OF CASE (entire caption must be stated infuU) (check one) ~ Civil Action - Law D Appeal from arbitration D (other) William H. Black and Deborah A, Black (plaintiff) vs. The trial list will be called on. and Trials commence on Mark Kerlin tJd/b/a Northeastern Home Improvements (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials No. 03 - 2741 Civil Term VS, Indicate the attorney who will try case for the party who files this praecipe: Robert A. Taylor, Esq. Indicate trial counsel for other parties ifknown: Gregory R. Reed, Esq, 4i~ ::~: !(~ This case is ready for trial. Date: 'if ). r('O 6 Attorney for: Plaintiff , .. .. Certificate of Service I hereby verify under penalty of law that the above Precipe to List Casefor Non Jury Trial was served on the parties listed below on 09/).0106 by placing a copy in the u.s. mail. Mark Kerlin. T.D.B.A Northeastern Home Improvements 417 State Street Enola, P A 17025 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, P A 17111 /I~;- Robert A Taylor o c: S -..; CD n,(! ~%' ~',- ~;:; (~: ~~:~~ L-, -:;1 .....c,_ r-..) = = C1' (/) rrt -0 N N ~~ :i!, :n nr: -Om :1:J9 C!Q ".t~ :'1i (;ff) --In o 9 ~ :c- :> of:- WILLIAM H. BLACK and DEBORAH A. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW MARK KERLIN, t/d/b/a NORTHEASTERN HOME: IMPROVEMENTS, Defendants NO. 03-2741 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of October, 2006, a pretrial conference in the above matter is scheduled for Monday, December 18, 2006, at 3:00 p,m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Wednesday, January 17, 2007, at 1 :30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsy Ivania. tbert A. Taylor, Esq. 45 Old Farm Road Camp Hill, PA 17011 Attorney for Plaintiffs v6regory Reed, Esq, 3120 Parkview Lane Harrisburg, P A 17111 Attorney for Defendant ~ BY THE COURT, cf~ ?fl esley Oler, Jr" J, Court Administrator - 11dAJ! ~-d ItJ /8/0" Ab ""."'no - ,[ ~ r' ,,, J ,1 \1 B ~1 : I Hd 9- 1:10 qual ~tr' 'j ~,'. .c" .... I I -'H' :10 ",1 \ ,.\, ." i l ;.",(" -" 1 - I 'f...._v" _,-.-', .,..-..... _,~..4 .-11 :K')H-:l'.) {iJll::! .. WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MARK KERLIN t/d/b/a NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., Defendants 03-2741 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the above-captioned case on Monday, December 18, 2006. Present on behalf of the Plaintiffs was Robert A. Taylor, Esquire; present on behalf of Defendants was Gregory R. Reed, Esquire. This is a breach of contract action arlslng out of a home repair performed by one or both Defendants for Plaintiffs. Defenses include the proposition that the work performed was accomplished in a workmanlike manner and that the damages claimed are exceSSlve. This will be a nonjury trial of an estimated duration of 1/2 day. By separate Order of Court, the nonjury trial has been scheduled for Wednesday January 17, 2007, commencing at 1:30 p.m. One issue which is expected to arise in the case is whether the Plaintiffs can secure admission into evidence of a certain letter by a deceased contractor relating to allegedly necessary repairs to the roof. A second issue is whether Defendant Mark Kerlin or a corporation known as Northeastern Home Improvements, Inc., is the proper Defendant in this case. It is noted that the contract in question was apparently executed by Mark Kerlin, trading and doing business as Northeastern Home Improvements. Counsel are requested to furnish briefs to the r" ~ ~ ~ Court at least 5 days prior to the commencement of the trial with respect to those lssues. By the Court, J. ~obert A. Taylor, Esquire 45 Old Farm Road Camp Hill, PA 17011 For Plaintiffs / / :mae WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs : IN THE COURT OF COM\lON PLEAS : OF CL'~mELAND COUNTY, : PENNSYLVANIA ,-. ; NO. 03-2741 Civil MARK KERLIN t/dlb/a NORTHEASTERN HOME IMPROVEMENTS~ Defendant : CIVIL ACTION - LA W JOINT MOTION FOR ENTRY OF JUDGMENT NOW COMES, Robert A. Taylor, Esquire on behalf of the Plaintiffs and Gregory R Reed, Esquire on behalf of the Defendant and move this Honorable Court as follows: 1. Only July 18, 2005 the Defendant filed an appeal fronl the Notice of Entry of Award of Arbitrators in favor of Plaintiffs in the amount of$7,397.62. 2. A non-jury trial is scheduled for \\'ednesday, January 17,2007. 3. In lieu of the trial the parities have agreed to the entry ofajudgment in favor of Plaintiffs and against Defendant in the aznount of $5,000.00. 4. Plaintiffs and Defendant waive all grounds for appeal, if any, and waive their rights, if any, to file post trial motions or seek any other relief prior to the entry of a fmal judgment. ~ . 5. So that there is no ambiguity or misunderstanding the undersigned counsel request this Honorable Court to direct the entry of a fmal judgment. WHEREFORE, Plaintiffs and Defendant, by and through their respective counsel, hereby move this Honorable Court to enter a final judgment in favor of Plaintiff..;; and against Defendant in the amount of$5/)00.00, Gregory R. Reed., Esquire 3120 Parkview Lane Harrisburg, P A 17111 Attorney LD. #23705 Attorney for Defendants Robert A. Taylor, Es4 . 45 Old Farm Road Camp Hill. PA 17011 Attorney for Plaintiffs 2 1"--.' ~.g _'_ _.1 c,. o -l'1 ~~, \.._J -- ---'" ::::... -l~; f':'? '-.:.' . JAN lJ 2O~ ~ - WILLIAM H. BLACK DEBORAH A. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBELAND COUNTY, PENNSYL VANIA v. NO. 03-2741 Civil MARK KERLIN tJd/b/a NORTHEASTERN HOME IMPROVEMENTS, Defendant CIVIL ACTION - LAW PROPOSED ORDER AND NOW, this --l..1-~y of January, 2007, in accordance with the joint Motion of counsel and in lieu of a trial on the appeal of Defendant from the Notice of Entry of A ward of Arbitrators, a final judgment in the amount of $5,000.00 is entered against Defendant, Mark Kerlin, trading and doing business as Northeastern Home Improvements, and in favor of Plaintiffs, William H. Black and Deborah A. Black. 1. J, ~ \-- U,lq ~~~. oc~ o:J.o- 2\.\..\ u-:r: r- \.0'- D o o - - ~ c<:li- ~ (1'\ - -- ~~ t'.!;r.!: -> ~ o c.... c:: ':~ ..' ..::;.. ~-c..- :~) (.)