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Home My WebLink About99-04386 I" .y t I 2 J 0. KEN PEARL, t!d/b/a KEN PEARL'S PAINTING Plaintiffs VS. PAUL M. WINER and SUSAN WINER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 994386 CIVIL TERM OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. AWARD Date of Hearing:_ Date of Award: /J EC 9 q Arbitrator, dissents. (Iyeerfn-Ame if NOTICE OF ENTRY OF AWARD Now, the _L_ day of L <n)t C i, 1999, at q )2 P.m., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be 111411,32 z paid upon appeal: othonotary $ 240.00A x By: eputy "Tgin. We, the undersigned arbitrators, having been duly appointed and swom (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Ce ?l Q v a cY C ? z? N y nl 11..1 i.-: 2 . J ? C1J ? ? L = Z L" U cn ' . ( (-) cy c? Ri. z KEN PEARL, T/D/B/A KEN PEARL'S PAINTING, Plaintiff VS. PAUL WINER and SUSAN WINER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4386 CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER 6. Denied. This averment pleads a conclusion of law and thus requires no further answer. 7. Denied. This averment pleads a conclusion of law and thus requires no further answer. 8. Denied. This averment pleads a conclusion of law and thus requires no further answer. 9. Denied. This averment pleads a conclusion of law and thus requires no further answer. WHEREFORE, Plaintiff reiterates his claim for damages as heretofore stated. pearl\answer YOFFE & FFE, P.C. Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 KEN PEARL, T/D/B/A : IN THE COURT OF COMMON PLEAS OF KEN PEARL'S PAINTING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 99-4386 PAUL WINER and CIVIL ACTION - LAW SUSAN WINER, Defendants VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Answer to New Matter are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: pearl\answer ??i.t qy KEN PEARL c t i r 7 CI ... LL._. G- .'. IIL W ai C ti v KEN PEARL, T/D/B/A KEN PEARL'S PAINTING, VS. PAUL WINER and SUSAN WINER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendants NO. 9 9-Y 3 86 CIVIL ACTION - LAW NOTICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 N 0 T I C I A YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notificacion. Usted' debe presenter una apariencia escrita o en persona o por abogado y archivar an la corte en forma escrita sus defenses o sus objeciones a las demandas an contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. pearl\complaint Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 KEN PEARL, T/D/B/A KEN PEARL'S PAINTING, Plaintiff VS. PAUL WINER and SUSAN WINER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT 1. Plaintiff is Ken Pearl who trades and does business under the name and style of Ken Pearl's Painting and whose address is 1 Six Links Park, Mechanicsburg, PA 17055. 2. Defendants are Paul Winder and Susan Winer, his wife, adult individuals whore reside at 593 Harvest Lane, Mechanicsburg, PA 17055. 3. On or about April 22, 1999 Defendants engaged Plaintiff to paint„ portions of the interior of their home at 593 Harvest Lane, Mechanicsburg, PA' 17055, for a price of $25.00 per hour, to be paid upon completion of the job. This Agreement was an oral Agreement. 9. Plaintiff fully performed and completed the work on or about May 6, 1999, and rendered a total invoice to Defendants for 30 hours of work, totaling $750.00. 5. Defendants have failed and refused to pay any part of Plaintiff's invoice. WHEREFORE, Plaintiff requests the Court to enter judgment against Defendants for $750.00 plus interest plus Court costs. YOFFE & Y7FE, P.C. NORMAN M. YOFFE, ESQUtRf for Plaintiff 219 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 pearl\complaint ./ KEN PEARL, T/D/B/A IN THE COURT OF COMMON PLEAS OF KEN PEARL°s PAINTING, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. NO. PAUL WINER and CIVIL ACTION - LAW SUSAN WINER, Defendants VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: Q(a AeZ KEN PEARL pearl\complaint Ll. ^ I U _ C-11 J L j a CL Q. u. U fn of J U Edward P. Secber, Esquire GLEASON & DAROIN, P.C. 123 State Street Harrisburg, PA 17101 (717) 232-9200 Attorney for Paul and Susan Winer i , KEN PEARL, t/d/b/a : IN THE COURT OF COMMON PLEAS OF i KEN PEARL'S PAINTING : CUMBERLAND COUNTY, PENNSYLVANIA i° Plaintiff V. CIVIL ACTION NO. 99-4386 PAUL M. WINER and SUSAN WINER, Defendant i l NOTICE TO PLEAD T0: KEN PEARL, t/d/b/a KEN PEARL'S PAINTING, Plaintiff c/o Norman M. Yoffe, Esquire Yoffe & Yoffe, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a default judgment may be entered against you. GLEASON & BARBIN, P,C. and P. Seeber Atty. I.D. #76084 123 State Street Harrisburg, PA 17101 (717) 232-9200 Attorney for Defendants DATED: September 9, 1999 V Edward P. Seeber, Esquire GLEASON & BARBIN, P.C. 123 State Street Harrisburg, PA 17101 (717)232.9200 Attorney for Paul and Susan Winer KEN PEARL, t/d/b/a : IN THE COURT OF COMMON PLEAS OF KEN PEARL'S PAINTING : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION NO. 99-4386 PAUL M. WINER and SUSAN WINER, Defendant ANSWER AND Now, this 9th day of September, 1999, come Defendants, Paul M. and Susan Winer and file this Answer and New Matter to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. The averments contained in Paragraph 3 of Plaintiff's Complaint are conclusions of law to which no responsive pleading is required. To the extent that a response is required, the averments are denied. To the contrary, Plaintiff was providing subcontractor services to Don Wheatley, t/d/b/a D & K Quality Homes, who was contracted to build Defendants' home. 4. The averments contained in Paragraph 4 of Plaintiffs Complaint are conclusions of law to which no responsive pleading is required. 5. The averments contained in paragraph 5 of Plaintiffs Complaint are conclusions of law to which no responsive pleading is required. To the extent that a response is required, the If averments are denied. Any money owed to the Plaintiff is the responsibility of the general contractor, Don Wheatley, t/d/b/a D & K Quality Homes. WHEREFORE, Plaintiffs Complaint should be dismissed with prejudice with costs and attorney's fees awarded against Plaintiff in favor of Defendants, and such other relief as the Court may deem proper. NEW MATTER 6. Plaintiff's claim for relief is barred since it fails to state a claim upon which relief can be granted. 7. Plaintiffs claim for relief is barred by the equitable doctrine of estoppel. 8. Plaintiffs claim for relief is barred by his own material breach of the underlying contract. 9. Plaintiffs claim for relief is barred by the equitable doctrine of laches. WHEREFORE, Plaintiffs Complaint should be dismissed with prejudice with costs and attorney's fees awarded against Plaintiff in favor of Defendants, and such other relief as the Court may deem proper. GLEASON & BARBIN, P.C. E d P. Seeber Atty. I.D. #76084 123 State Street Harrisburg, PA 17101 (717) 232-9200 Attorney for Defendants DATED: September 9, 1999 2 Edward P. Sccbcr, Esquire GLEASON & BARBIN, P.C. 123 State Street Harrisburg, PA 17101 (717) 232-9200 KEN PEARL, t/d/b/a KEN PEARL'S PAINTING Plaintiff V. PAUL M. WINER and SUSAN WINER, Defendant VERIFICATION CIVIL ACTION NO. 99-4386 I, PAUL M. WINER, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. PA M. WINER Attorney for Paul and Susan Winer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DATED: September 9, 1999 Edward P. Seeber, Esquire GLEASON& BARBIN, P.C. 123 Slate Street Harrisburg, PA 17101 (717) 232.9200 KEN PEARL, t/d/b/a KEN PEARL'S PAINTING Plaintiff V. PAUL M. A'INER and SUSAN WINER, Defendant Attorney for Paui and Susan Winer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 99-4386 CERTIFICATE OF SERVICE I, Edward P. Seeber, hereby certifies that on the date indicated below, he served a true and correct copy of the foregoing ANSWER WITH NEW MATTER by having the foregoing document served by United States, first class mail, postage prepaid addressed to the following: Norman M. Yoffe, Esquire Yoffe & Yoffe, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 / and P. Seeb DATED: September 9, 1999 ?:? ? 7.+ lCJ _? `a r1 ?. • _ v: i:.. rn ?7 ._ .. J KEN PEARL, dd/b/a KEN PEARL'S PAINTING Plaintiff VS. PAUL WINER and SUSAN WINER, Defendants TO: Philip J. Murren, Esquire Ball, Murren & Connell 2303 Market Street Camp Hill, PA 17011 Norman M. Yoffe, Esquire Yoffe & Yoffe, P.C. 214 Senate Avenue Camp Hill, PA 17011 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 4386 CIVIL TERM 1999 CIVIL ACTION- LAW NOTICE OF HEARING Scott W. Pohlman, Esquire Gates, Lowell & Associates, P.C. 1013 Mumma Road Lemoyne, PA 17043 Edward P. Seeber, Esquire 123 State Street Harrisburg, PA 17101 And now this 4th day of November, 1999, you are hereby notified that the Arbitrators appointed in the above captioned matter will hold a hearing for the purpose of their appointment as follows: Date: Wednesday, December 1, 1999 Time: 2:00 o'clock p.m. Place: Conference Room, Ball, Murren & Connell, 2303 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 Counsel shall immediately notify all arbitrators if settlement is reached prior to the hearing. Anyone who finds the hearing date unsuitable is responsible for making all arrangements with counsel and the arbitrators for a suitable date, time and place. Parties wishing to argue legal points will be expected to have copies of relevant materials for each arbitrator and opposing counsel at the commencem a he 'ng. COYNE & COYI? , P.C. Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 cc: Court Administrator Prothonotary Bulletin Board KEN PEARL, t/d/b/a KEN PEARL'S PAINTING Plaintiff VS. PAUL WINER and SUSAN WINER, Defendants TO: Philip J. Murren, Esquire Ball, Murren & Connell 2303 Market Street Camp Hill, PA 17011 Norman M. Yoffe, Esquire Yoffe & Yoffe, P.C. 214 Senate Avenue Camp Hill, PA 17011 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 4386 CIVIL TERM 1999 : CIVIL ACTION - LAW NOTICE OF HEARING Scott W. Pohlman, Esquire Gates, Lowell & Associates, P.C. 1013 Mumma Road Lemoyne, PA 17043 Edward P. Seeber, Esquire 123 State Street Harrisburg, PA 17101 And now this 4th day of November, 1999, you are hereby notified that the Arbitrators appointed in the above captioned matter will hold a hearing for the purpose of their appointment as follows: Date: Wednesday, December 1, 1999 Time: 2:00 o'clock p.m. Place: Conference Room, Ball, Murren & Connell, 2303 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 Counsel shall immediately notify all arbitrators if settlement is reached prior to the hearing. Anyone who finds the hearing date unsuitable is responsible for making all arrangements with counsel and the arbitrators for a suitable date, time and place. Parties wishing to argue legal points will be expected to have copies of relevant materials for each arbitrator and opposing counsel at the commencem e h ' g. COYNE & COY?g P.C. Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 cc: Court Administrator Prothonotary Bulletin Board 11-03-1999 S:02PM FROM BALL MLRREN COMJELL 717 232 2142 LAW OFFICES BALL, MURREN & CONNELL 2808 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 (717) 288-8731 FACSIMILE (717) 282.2142 Mailing Address: P. O. Box 1108, Harrisburg, PA 17108 FAX TRANSMISSION TO: Henry Coyne, Esq. FAX NUMBER: 737-5161 FROM: Philip J. Murren, Esq. DATE: November 3, 1999 NUMBER OF PAGES: 2 RE: Pearl v. Winer P. I aq C/ PA MESSAGE: e5" -. w e I 't"' IF YOU DO NOT RECEIVE LEGIBLE COPIES OF THE DESIGNATED NUMBER OF PAGES, PLEASE CONTACT THE SENDER AT (717) 282-8781. The information contained in this facsimile transmission contains attorney privileged and confidential information intended only for the use of the designated recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original transmission to us at the above address via the U. S. Postal Service. Thank you. NATIONAL CUSTONER SUPPORT CENTER UNITED STATES POSTAL SERVICE.. Dear MATTHEW P RAMSEY, The Postal Service has received a Change-of-Address Order (PS Form 3575) asking us to forward mail from the following address for: MATTHEW P RAMSEY, INDIVIDUAL ONLY 111111141 111 11114 1 1111 111111111111 gdt@ lot 11111 11111 11 111 111 CURRENT RESIDENT OR MATTHEW P RAMSEY 35 TEABERRY DR CARLISLE PA 17013-9042 The purpose of this letter is to confirm that this request to forward mail ? is correct. If this Change-Of-Address Order is for someone who has already moved from this address, no action is needed. If the information listed above is correct, no action is needed. If anything is incorrect with the Change-Of-Address order shown above, or if you did not ask the Postal Service to forward your mail, please call your local post office at (717) 243-3531. Only your local post office can correct the Change-Of-Addnes Order. It is important that we work together to ensure proper mail delivery. The United States Postal Service values you as a customer, and we appreciate the opportunity to serve you. Si no habla Vd. ingl6s o no comprende Vd. esta correspondencia, t6mela Vd. consigo a la oficina de correos local Para ayudarle. (If you do not speak English or you do not understand this letter, please take it with you to your local post office for assistance.) Confirmation Number: M016206297121205 NMIWU AM Ins 13325774 11-03-1999 5:03PM FROM BALL MLRREN COMELL 717 232 2142 Lew OMM BALL, MURREN $ CONNE:LL 220 WRR97.17RW C7A1P K PMM MWAMy 17011 PHILIPJ. MIRRCN 1717)2.12.07.11 RICHARD C CWN91y FACRIMILH (717) 9.12414' MAYM K. OWNLAN YORW R. MGCORMACK N IWNO AODRGCR, 00 WX 1109 HAMMKMa. P=MCYLVAMIA 17108.1108 November 3, 1999 Henry F. Coyne, Esq. Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011.4227 RE: Pearl V. Winer No. 4386 Civil Term 1999 Dear Mr. Coyne: P. 2 WILL RRKiLKY BALL We have contacted the arbitrators, all counsel and the Defendants, who have indicated they will be appearing without counsel, and have determined that a hearing date of December 1, 1999 at 2:00 p.m. is acceptable to all parties involved in the case, Consequently, we ask that the Notice of Hearing be reissued, scheduling the arbitration hearing for that ?j date at our offices located at 2303 Market Street, Camp Hill. Thank you for your attention to this request. PJM/nll cc: Scott W. Pohlman, Esq. Norman M. Yoffe, Esq. Edward P. Seeber, Esq. Mr. and Mrs. Paul Winer, Defendants V truly yours, Philip J. Murren 4,011 ICI January 12, 1998 Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, Pennsylvania 17011-4227 Re: Medical Bills for Katie Dear Ms. Coyne: Please be advised that your client's minor daughter needs blood work done. In this regard, Ms. Ramsey needs insurance information to discuss the possibility of extending coverage to enable the child's healthcare expenses incurred in Illinois to be paid. Basically, Ms. Ramsey wants to confer with the insurer and needs the name of the insurer, the policy number and a telephone number to enable her to speak to a company representative. With regard to the minor son, Ms. Ramsey advises me that your client will not allow her to speak with her son and I am requesting your assistance in this matter. As I previously advised you, Ms. Ramsey has no income and is not capable of maintaining the marital home without financial assistance from your client. Accordingly, she intends to seek help from domestic relations but she needs help now. Please call me to discuss these matters. GSR:tmc cc: M. Ramsey Sincerely yours, ROBINSON & GERALDO By Gerald S. Robinson, Esquire P.O. Box 5320 Harrisburg Cumberland County Washington, D.C. Harrisburg, PA 17110.5320 4407 North Front Street 17 E. High St., Suite 104 1316 Pennsylvania Ave., S.E. Harrisburg, PA 17110 Carlisle, PA 17013 Washington, D.C. 20003 (717)232.8525 (717)245.9451 (202) 544-2899 s (800)571.2727 LAW OFFICES BALL, MURREN & CONNELL 2303 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 (717) 2328731 PHILIP MURREN RICHARD K E. CONNELL FACSIMILE (7171232-2142 WILLIAM BENTLEY BALL MAU AURA K. OUINLAN (1916-1999) TERESA R. MCCORMACK MAILING ADDRESS: PO Box IIOB HARRISBURG, PENNSYLVANIA 17108-1108 November 3, 1999 NOV d 1999 Henry F. Coyne, Esq. Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 RE: Pearl u. Wirier No. 4386 Civil Term 1999 Dear Mr. Coyne: We have contacted the arbitrators, all counsel and the Defendants, who have indicated they will be appearing without counsel, and have determined that a hearing date of December 1, 1999 at 2:00 p.m. is acceptable to all parties involved in the case. Consequently, we ask that the Notice of Hearing be re-issued, scheduling the arbitration hearing for that date at our offices located at 2303 Market Street, Camp Hill. Thank you for your attention to this request. PJM/nll cc: Scott W. Pohlman, Esq. Norman M. Yoffe, Esq. Edward P. Seeber, Esq. Mr. and Mrs. Paul Winer, Defendants V?jy truly yours, Philip J. RMurren KEN PEARL, t/d/b/a KEN PEARL'S PAINTING Plaintiff VS. PAUL WINER and SUSAN WINER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 4386 CIVIL TERM 1999 : CIVIL ACTION - LAW NOTICE OF HEARING TO: Philip J. Murren, Esquire Ball, Murren & Connell 2303 Market Street Camp Hill, PA 17011 Scott W. Pohlman, Esquire Gates, Lowell & Associates, P.C. 1013 Mumma Road Lemoyne, PA 17043 Norman M. Yoffe, Esquire Yoffe & Yoffe, P.C. 214 Senate Avenue Camp Hill, PA 17011 Edward P. Seeber, Esquire 123 State Street Harrisburg, PA 17101 And now this 18th day of October, 1999, you are hereby notified that the Arbitrators appointed in the above captioned matter will hold a hearing for the purpose of their appointment as follows: Date: Thursday, November 18, 1999 Time: 1:00 o'clock p.m. Place: Conference Room, Ball, Murren & Connell, 2303 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 Counsel shall immediately notify all arbitrators if settlement is reached prior to the hearing. Anyone who finds the hearing date unsuitable is responsible for making all arrangements with counsel and the arbitrators for a suitable date, time and place. Parties wishing to argue legal points will be expected to have copies of relevant materials for each arbitrator and opposing counsel at the commencement of the hearing. j4#4 . ? 14 A. m A 01 COYNE & CO .C. Henry F. Coyne, squire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 cc: Court Administrator Prothonotary Bulletin Board KEN PEARL, t/d/b/a : IN THE COURT OF COMMON PLEAS KEN PEARL'S PAINTING : CUMBERLAND COUNTY, PA Plaintiff VS. : NO. 4386 CIVII. TERM 1999 PAUL VAMR and SUSAN WINER, : CIVIL ACTION - LAW Defendants NOTICE OF HEARING TO: Philip J. Murren, Esquire Scott W. Pohlman, Esquire Bali, Murren & Connell Gates, Lowell & Associates, P.C. 2303 Market Street 10 13 Mumma Road Camp Hill, PA 17011 Lemoyne, PA 17043 Norman M. Yoffe, Esquire Edward P. Seeber, Esquire Yoffe & Yoffe, P.C. 123 State Street 214 Senate Avenue Harrisburg, PA 17101 Camp Hill, PA 17011 And now this 18th day of October. 1999, you are hereby notified that the Arbitrators appointed in the above captioned matter will hold a hearing for the purpose of their appointment as follows: Date: Thursday, November 18, 1999 Time: 1:00 o'clock p.m. Place: Conference Room, Ball, Murren & Connell, 2303 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 Counsel shall immediately notify all arbitrators if settlement is reached prior to the hearing. Anyone who finds the hearing date unsuitable is responsible for making all arrangements with counsel and the arbitrators for a suitable date, time and place. Parties wishing to argue legal points will be expected to have copies of relevant materials for each arbitrator and opposing counsel at the commencement of the hearing. CO YN*g?& COY F.C. Henry F. Coyne squire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 cc: Court Administrator Prothonotary Bulletin Board KEN PEARL, T/D/D/A KEN PEARL'S PAINTING, Plaintiff vs. PAUL WINER and SUSAN WINER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 4380 CIVIL 1988 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 JUICES OF SAID COURT: Norman M. Yoffe, Esquire , counsel for the plaintiff/YACMM pt in the above action (or actions), reaoectfully represents that: 1. The above-captioned action JCKXM Ks) is XLV K at issue- 2. The claim of the plaintiff in the action is $ 750.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Norman M. Yaffe, Esquire and Edward P. Ileeber, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, V11 ORDER OF COURT cad .?-- ffj. AND NOW, , 19 c2CY in considerate 1on?ofitheGG foregoing petition, Esq., Esq., and ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, ?Q? GEo E. ?ldGrcC_ P. J. N 4 din J. r__ U - L-' o.12 Cn C G'. 0 990Ci-I i11:L! r ?Y 0 J b 4 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS of Cumberland County JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 9 9' k (j NOTICE OF APPEAL Notice is lpven that the appellant has filed in the above Court of Common i On the date and n the case mentioned below. Pleas an nppcal hnm the lodgment rendered by the District Justice -.. ___ _ °r Paul Winer " ' ° 09-3-05 543 Harvest Lane Mech i 07/08/99 Ken Pearl's Pa - an cs urg-- --- - --PA CV 19 _0000196-99 LT 19 this block will be signed ONLY when this notation is rcquiired a de R.C.P.J.P. No. 10088. This Notice of Appeal, when n:ceived by the District Justice, wv I eran! as a SUPERSEDEAS to the judgment for possession in rhos case. "l) If FROM '1..20,O' Paul Winer 17055 was Claimant (see Pa. R.C.P.J.P. NO. 100116) in action before District Justice, Ile MUST FILE A COMPLAINT within twenty 1201 -- _ I P ra tlrnnu "lays after filing Iris NOTICE of APPEAL. Sryn.rtme of nrrV ur Oenu!y _----AECIP (This section of farm oft a used ON Y when? appeaa ULEs DOE (?DANCOMP a. R.AN No R 001(7) in action before District.lustice. IF NOT USED, detach from copy of notice of appeal to be served upon appelleel. PRAECIPE: To Prothonotary Enter rule upon Ken Painting ?j /"1 Name of appeneetsl - appellee(s), to file a complaint in this appeal (Compton Pleas No. 97/' '!d kc 'CAA 74-,L-) within twenty (20) days after service of rule r soft y of judgment of non pros. RULE: To l:eri Pearl's Painting / "mature of ar, el/ant or s atrpmey or agent -- __I NamcataPPe-p-entsl •aPncllrc'Is) EdL1jD,, t1D? (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of :his rule if service was by mail is the date of mailing. Date: 1210 -1999 ?j S,gnaturo of Prothonotary or Deputy While-.-- Prothonotary Copy Green --- CourtFile Copy Yellow--- Appellant's Copy Pink------ Appellee Copy Gold ------ D. J. Copy 1>1 4M >- r, v 'f.?.. N .7r 7' _ n' s cn % U v,4 ? -6l sandxa uolsslwwoo AW leuq/o la 81111 apnur snM llaepy/e WOQM aie/eq lelgr//ele wnJeu6rS Juvllle )a aimnufi S '-6l '30 AVO SIHl 31N 3HOA36 0391uosens (INV ((13WHIH3VI NHOMS 'olalay payaelle ldInai s,lapuas'Hew (pmatsi6a,) Ipauptao) Ay ? a3IAlas leuos,ad Ay [] '--61 • --uo possa,ppe seM alnu ayl wOgm of Islaapadde ayl uodn leaddV to 031IoN anoge ayl GuiAuedwoaae lwaidwoo a ap3 nl alnH ayt paAlaS teyl iayUnl pue 'olalay payoelle ldiaoal s,lapuas'6ew (paialsiGal) (palplm) Aq ? n0 1Aras I euusIad Ay ? 61 " uo • ._-.-...-_-_-_ (ameu) 'aalladde ayl uodn pue 'olaJaq payaelle ldiaom s,,apuas 'pew (pasalsi6w) (payiUaa) Ail aainras Ieuosiad Ail ? -61 ' (aom,as/o alep) uo uialayl paten isop aailsn(' lai,lsi0 oy1 uodn'- oN su"Id uowwo0 'leaddV to aarsoN ayl;o Ad03 e pani2s I legs turyle ro malls Ayaiay I :11AV0133V ss: do A1NnO3 VINVAIASNN3d d0 HIIV3MNOWWO3 (ssxoq elgeolldde yoegO 'leedde )o oopou eyl 6upp H313V SAVO (00N31 NIHIIM 0371-43H 1SnPV 931A,eslo )ooid slyl) 1NIVIdWOO 3113 Ol 31nu ONV 1V3ddV 30 30110N 30 301A83S 30 300Hd COMMONWEALTH OF PENNSYLVANIA -A"IMt F.D JUD(-.YI:AT **** NOTICE OF JUDGMENT/TRANSCRIOT CIVIL CASE PLAINTIFF: NAME and ADDRESS rk- ' EN PEARL S PAINTING 1 1 SIR LINKS PARR MECHANICSBURG, PA 17055 L J VS. DEFENDANT: NAMEem ADDRESS TWINER, PAUL 543 HARVEST LANE MECHANICSBURG, PA 17055 L J DocketNo.: CV-0000136-99 Date Filed: 5126199 Af:*I COUNTY OF: COMBMU AND Map. Pet. No.: 09-3-05 DJ Name: Mon. GAYLE A. ELDER Add1B" 507 N. YORK ST. MECHANICSBURG, PA Telepeoee: (717) 766-4575 17055 ATTORNEY DEF PRIVATE : EDWARD SEEBER,ESQDIRE 123 STATE STREET HARRISBURG, PA 17101 I THIS IS TO NOTIFY YOU THAT: Judgment: FOR ATNtPTFF ® Judgment was entered for: (Name) KEN ARART, e g 1PATTIR+TTQr• Judgment was entered against: (Name) wTNEg PART. in the amount of $ A91 _ on on: E] Defendants are jointly and severally liable. D Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to AttachmenVAct 5 of 1996 $__ 1-1 Levy is stayed for days or ? generally stayed. El Objection to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. Date District Justice certify that this is a true and correct copy of the record of the roceedings containing the judgment. Date District Justice My commission expires first Monday of January, 2002 (Date of Judgment) 7,?'qq (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attornev Fees Post Judgment Credits Post Judgment Costs Certified Judgment Total SEAL AOPC 315.99 I m ru IN In .a ru m a- m N R 2 ! r ?U zO W !n Y N N d N N M1 ut _a N Co a- m N v a v to a y$? y c O r U _da U AY V nC V m„- u U c ? d 7 Z t ?t J IT ' a t . N 8 ' S t C n ?,'. ? T's A a ? 4 b ? Vl g v N 'V) ?° J E ? t a m[ E "$ ` `? L go a:.a a i ° Vi ! 2 m R U N ./lil E 1' m ? 6 vao, i•. v uuo4 •?•-? va 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 1 OF PENNSYLVANIA COUNTY OF ` `t tsM ?1 G?1CL : ss AFFIDAVIT: I hereby swear or allinn that I served ff1copy of the Notice of Appeal, Common Pleas No.9a--_Ss 4 upon the District Justice designated therein on (date of service) v , 19?_, I?hy persor[nyaal ?service by (certified) (re'9istere(l mail, sender's receip`t attached hereto, at d upon the aPpolee, 7mmncl_-_.-11?__ZCI?C_`?_... rC h+ on Jr r? s? o'1U , 19 cliq-? by persnnai Service D by (certified) (registered) ma , sender's attached hereto. g"and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on0 19_-CE, 0 by personal service [?-] by (certified) (neyiserred) mail, sender's receipt attached hereto. SWORN (AFFIRMED) ANO.SU SCRIBED BEFORE-KE T IS?rr++cc QAY OFr, 79 Sigriatureve aR41afb ni hoer'n,davit was n wtlv Tirle of affinal 9saL-. My commission expires ore Matdne E. Goodman, Noll Public Harrisburg, Dauphin County My Commission Expires Nov. 10, 2002 ??Sigrrnmre o/ allienr C V' ?m r c.: y c7 1 r . n (J1 < COMMONWEALTH OF PENNSYLVANIA pCOUfI]f.OF.GQfy]IyQry)!ttEA6 JUDICIAL DISTRICT NOTICE OF APPEAL FROM J. q f DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above. Court of Cotillion Pleas an appeal boot the Ndgntnnt rendered by the District Justice on the dale and in the case mentioned below. :qr' cnr -._ 'TAT" zn cooa 17055 CV 19 LT 19 '70'Ifi i jl f,-, . ?.i_o+ry e. en n. I nes Clock will be signed ONLY when this notation is required t n ler Pa. ftr R.C.P.J.P. No. 10088, if aPP was Claimant (see Pa. R.C.P.?.P. This Notice of Appeal, when received by the Disvict Justice, will upel.de as No. 1007(6) in action before District Justice, he a SLIPERSEDEAS to the judgment for possession in this Case I MUST FILE A COMPLAINT within twenty (201 (lays after filing his NOTICE of APPEAL. S?ynatum of pro r/moo buy ur Ocnu!v PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to he used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J,P, No. 1001(7) in action before Distr/ct.lustice. IF NOT USED, detach from copy of notice o.! appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon ql 9- L/ (Common Pleas No. Name o! annuueclsl ,1 r 7t U,, RULE: To_ Name o/ appellee(sl eppellae(s), to file a complaint in this appeal a r wrtnm twenty 0j) clays after servire gxulgor s0efegtry of judgment of non pros. S,anature o/appellan o his utOmcy ur a!(e t . appelleels) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) Ifyyou do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON;PRAECIPE. (?3 The date of service of ;his rule if service was by mail is the date of mailing. Date: F.. ( ? o .19 / L 1 S,gnature of Prothonotary or Deputy White -.-- Prothonotary Copy Green-- Court File Copy Yellow--- Appellants Copy Pink ------ Appellee Copy Gold ------ D. J Copy (717) 795.1 156 Owner: Ken Pearl KEN PEARL'S PAINTING GOO [?r'G3QG40G3 ? ? INTERIOR • EXTERIOR F+y Insured - Low Rates 41 Free Estimates DATE 99 DESCRIPTION -7- PAUL M: WINER .. SUSAN. C. WINER . :IM , 603 PARK RIDGE DRNE PH:717-081={C7E'`.''` MECHANICSBURG, PA 17055. ?. , . rN _ PAULWItM 8m7d"310 1049 Dati2^^n,e 4 ?lY>?I $ TSL! 1S ouars Financial PA Trust\ For PG1fl ?vC ?" "' 40 3 &3047 208: 00012 790 2 56' L049 110000 130000 1' M. WINER 60-47M I3 1053 C. WINER' iVEST IrE .: ':???: !ti•'^ BURG PA 17056'. ?1i,1,$ .CJI? Dollar6 r For +ol' F<CAA? 1:03 L 30L, 7 201: 000 L 2 790 2 5u' L053 ,i'00?00 50000,,' xmmm? d , I p /L ? cD r 1 - C O lDk rq :. i v` 1 p'C f I ? 6 O` N 2 v co a O 'T U `t ih 3 ?- T f 1b1 i ;..5 ? - i'?C7? 1 y!t• y ? S ? ? o >. ?. :? L 1 }"? A L •? 5 n?_ ou??? E30MC":J • MM / Y June 13, 1999 WINER CONSTRUCTION INC. 10 Sunset Drive Swampscott, MA 01907 781-592-4137 On April 8, 1999 I flew to Harrisburg PA and proceeded to 543 Harvest Lane, Mechanicsburg PA, to perform an inspection of my sons new home being constructed by Don Wheatley, d.b.a. D&K Quality Homes, Inc. Upon arriving I was met by Don Wheatley's father, Don's wife and Ken Pearl (Don's painter). The painting in the house had many flaws most of which occurred in the trim work. Most all of the window sills were in deplorable shape and some of the trim had imperfections. Paul was going to hire another contractor to complete the repairs but Don Wheatley insisted his painter would correct the problems in one week. Paul met with two painting contractors and received estimates for the repairs which were going to be conducted from escrow monies due Din Wheatley. Don insisted on having Ken do the work so he wouldn't have to pay anyone else. Winer Construction, Inc. Ronald w er a Signed befo me day of D E MCDONALD Notary Public Commonwealth of Moseachuset My Commission Expires Jaaa 21 „