The URL can be used to link to this page

Home My WebLink About99-04837?tr'? ;;rr :' ?' ,c., ';j JiY "y 11(OtOi? MAP-6A2Ef Stt_rtz, Pla??{{ V. 19AINk S, t}td6H6St COA+Vutfbvl ?)+tnctCL('%+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 19 q?_ vv _ RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following forth: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ?f I/t?'V V1(n K e 2-c 7 counsel for th plaintiff/ efendant in the above action (or actions), resp fully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 2.42_1. ov The counterclaim of the defendant in the action is ND 0c t i V4,O t Inn The following attorneys are interested _in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: SCCV%A n t ice(' tai'e5, 1 t 44 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT TD. v o. g? (a 4 1 AND NOW, 2_v /y& t9? in consideration of the foregoing petition, ?Aq?- /_! ??J(1?? Esq., R"1l G'e ?- Esq., and ??(ii?A r) ?iGV Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By th '. L.?.:a? - c, ?- p.. ., .,r ? ? ?. • ,J Q ?., 7 ?-? !1 (? :, J •- rJ U MARGARET SILER Plaintiff VS. FRANK S. HUGHES, CONTRACTOR Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA: : NO. 99-4837 CIVIL TERM : CIVIL ACTION - LAW AMENDED NOTICE OF HEARING TO: David Breschi, Esquire Susan Candiello, Esquire Shumaker Williams Gates, Lowell & Associates, P.C. 3425 Simpson Ferry Road 1013 Mumma Road Camp Hill, PA 17011 Lemoyne, PA 17043 Cynthia E. Reed, Esquire 3 W. Main Street. Ephrata, PA 17522 Sam Andes, Esquire 525 N. Twelfth Street Lemoyne, PA 17043 And now this 1st day of November, 2000, 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: Tuesday, November 28, 2000 Time: 2:00 o'clock p.m. Place: Conference Room, Shumaker Williams, 3425 Simpson Ferry Road, 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 IE CO 7 Y, Henry F. oyne, E uire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 cc: Court Administrator Prothonotary Bulletin Board MARGARET SILER Plaintiff VS. FRANK S. HUGHES, CONTRACTOR; Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 994837 CIVIL TERM : CIVIL ACTION - LAW NOTICE OF HEARING TO: David Breschi, Esquire Shumaker Williams 3425 Simpson Ferry Road Camp Hill, PA 17011 Susan Candiello, Esquire Gates, Lowell & Associates, P.C. 1013 Mumma Road Lemoyne, PA 17043 Cynthia E. Reed, Esquire 119 Nittany Drive Mechanicsburg, PA 17055 Sam Andes, Esquire 525 N. Twelfth Street Lemoyne, PA 17043 And now this 16th day of October, 2000, 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, November 29, 2000 Time: 10:00 o'clock a.m. Place: Conference Room, Law Offices of Shumaker Williams 3425 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011 Counsel shall immediately notify all arbitrators if settlement is reached prior to the hearing. Anyone who determines the hearing date unsuitable is responsible for making all arrangements with counsel and the arbitrators for a suitable date, time and location for re- scheduled hearing and issue appropriate written notice of same. Parties who will argue legal points will present copies of relevant materials for each arbitrator and opposing counsel at the commencement of the hearing. COYNE.& COYNEeM. e Henry F. Coynef squire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 cc: Court Administrator Prothonotary Bulletin Board COi0MONW ALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT /-' COMMON PLEAS No. ?/- AJX.S '. /? 1 / -r.. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Frank S. Hughes Contractor 09-3-09 895 York Road 8/2/99 Dover laret Siler Cv 19 0000223-99 LT 19 I This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. 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. Slynafure of Proflronotary or Oaputy PA 17315 Frank S. Hughes Contractor 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 alter 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.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Margaret Siler , appellee(s), to file a complaint in this appeal (, 1 p y !Name of appellees) (Common Pleas No. _ L! 03 1 ??{?I I Term) within twenty (20) days afte ervice o rule ors If y of j gm t f non pros. X Sign ofappellant orhitattorney oragent RULE: To Margaret Siler appellee(s) Name of appelleetsl (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 WI LL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date:, 9Q 9 ?(?(Y!C(1 Signature o/ rothonotary or Deputy AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY V) d r o ) p 1 -44 __. '1•`1 ____. 10 S.III(Isa LI0ISSlu3woo Aye .. w •.... ...1 n1 1rn1yl,/p• ulou....unpq pv?'po /o ainleuk"q Lnv//^;a o)nuvrNrq .__10 AVO SIH.L 3VV 3H0-1 '?£3 (13AIHOS8f1S (INV. lCl1VMdd V) NHOMS. nln lby p:I q:JI=IR' Io?oaai s, Iapua; 'Imw (Immu16n1) IIIa 1,111nIJ) All UJ:nIJS J [RIUSb.U At] _tM II 151.,III i'tiRAn .Ill a mll tt10LIM of (S)aall,ul w ayl Llo(In p,"111V I') ;I:I WIN ay] kl "'Ir111110DJ1 ILA P;Itlu uO L n, j III ,qnl) ayl PJAIas I IPLJJ .IaLIIJ(1) I)LIC 010 1111, [MtllrIIC I(II IJ:n ti•Ial At l at'I'r ul ( In III. ;I 1) II' IJAI„r.1I All I n r I, At 1AI A, I (i I 11() - 6r•1WI 1) 111 1' VIII 111111(1 1'( 11' '(t I:I I.II 1.II :11'I I1• II l l l:l;)1 S,1JIll AIS 'l101.1 (I)u/a19GUI) (I)n I) llbj) Ag J - nJln loti p'IUxIIII l.r ._-- .-- ___ __ Ll tt LI)6IJ y1 ha11`LI h I S a 1) ;t)ilSn(• 1'.JI II (I(I 0111 IA '- nN ',"AAW upwuluO '?e.nldV In aolloN 0(0 1o Adou 11 );IAInt j IcLII ulllyp' m Iu;I,.LSAgnlol.l I :IIAVOId3V ,. -dO A1Nnoo VINVAIASNN3d 30 HIIV3MNOWW00 (saxoq e(geo,Idde tIoago leadde ,o e.?rlou aul Gun, : fJ31,1`? S,11>O (CO N-31 NiHllM (73114 301MIV ealn/as,.) /oojd s!gl) iNIVldW00 311d 01 3,lnu ONV lV3ddV 30 301ION 30 301A)J3S 30 3008d r COMMONWEALTH OF PENNSYLVANIA COUNTYOF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT I Moo 061. No.: PLAINTIFF: CIVIL CASE I NAME and ADDRESS DJ Nome: Hon. 09 - 3 - 04 r ILER, MARGARET THOMAS A. PLACSY 56 OAR AVE. A°0e" 104 S. SPORTING HILL RD. CAMP HILL, PA 17011 MECHAMCSBURG, PA L J VS. DEFENDANT: NAME AM A TewpNme; (717) 761-8230 17055 IF RANK FRANR S. HUGHES CONTRACTOR -71 895 YORK RD, DOVER, PA 17315 FRANK S. HUGHES CONTRACTOR L J 895 YORK RD. DocketNo.: CV-0000223-9 9 DOVER, PA 17315 Date Filed: 6/04/99 a THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLATNTTEE ® Judgment was entered for: (Name) gTr.RR..mARrARRT ® Judgment was entered against: (Name) RRANx s RrTrRRa CONTRACTOR in the amount of $ 2 ,4RS nn on: (Date of Judgment) R/n2/aa Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ E] Levy is stayed for days or E] gonerally stayed. Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY O?JUbGM&T Y FILING A NOTICE OF APPEAL WITH THE PROTHO OTARY/CLERK OF THE COURT OF COMMON * EAS; CIVIL DIVISION. YOU MUST INCLUDE A COPyA NOTICE OF JUD TlTRANSCRIPT FORM:WITH YOUR NOTICE OF APPEAL. R- Date District Justice I certify that this is a true and orrect copy o the cc of the proce ings containing the judgment. ?1 rL Date District Justice My commission expires first Monday of January, 2004 SEAL AOPC 315-99 10 also meh to receive the follow' SENDER: Ing services (for an extra lee): b conplets items 1 ergl,,2 lot additional eeraicsa. E Cw'QMQ hams 3.4a." 41, loan Wl we can rnn is 1. C] Addressee's Address p print your nerre a+d addieea an the revaM Ol die w no aid W Y. 11 aM tlaae not 2 I bpmm YOstorm to Ne from of U. mahOiaca,aa^tM bW: w . O Restricted Delivery a Rwypf pequeefed'on the meilp sacs bslnM the aNda number. a WASZ;FI lum wgl Maw to wham IN edlds wu dNiwred and fine datu a The om Raaipt 48. Article Number '/OJr S 3. Ardde Addressed to: 31.5 (02 P ate n 4b. Service Type eRllled c "(ko^ qs ?' 11 HJI a ?Registered 5• S?OC'TgNJ 1 ?Insured N (D y ? Express Mail Q,. 17OSS [3 Return Receipt lot Merchandise ?COD o Mec(?at?s?'"7 ?/' T. Date of oenC ve7 ri <? 1 B. Addressee's Address (DniY 11 r Rv. !Print Name) fee is paid) ', T 1025999980223 n RS Form 3811, December 1994 J?u+ _.... .. _ _ . 315 6225 701 us Postal Service Mail Receipt for Certpf? . No Insurance Coverage el Mad See reverse Do not use for tnlemj? jer? Clods ate IF G n LL / S nary Fee Delleery Fee 9t1" to ?? livered ]ale De to pWhaln, bessees Mb? $ Postage b Fees thor Date 7 11 Q 9 ?l .L11' COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No -- r r • Vv I -if /I NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. ..M..r Arr.LLAxT CLWk S. Hu9be$ Caartractor MAO. OI.T. NO. On SAM. Or O.I. ........r 09-3-04 ..n ?... 895 York Road DWer ?,. "" " PA 17315 .Al. or rvo.M.xT n rns twos .r . 8/2/99 Margaret Sher n.,Co 1T'ri3(lk S I3taghee CAI1tL3CtOr .1AA1 a. r ---ti-.r- Cv 19 0000223-99 LT 19 1 LA This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant was Claimant (see Pa. R.C.P.J.P. No. 1001161 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.C.P.J.P. No. 1001(7) inaction before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon MargareWaler Name of appellees) appellee(s), to file a complaint in this appeal 'to ?T (Common Pleas No. -q q- O t Ir-.lV 1 I TWA) within twenty (20) days after rvice o rule r s fe e t of ju gm t f non pros. Signa of appellant or his attorney ar agent Iv RULE: To a ''ai Sil , appellee(s) Namc•ofappellac('1 sl (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. (3) The date of service of this rule if service was by mail is the date of mailing Date:OLL0 'IA19 Q9 ?tiQ?.etre?n '!}} Signature olrothonotary or Deputy AOPC 312-90 COURT FILE 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 PENNSYLLV,,A_N1II?A -_? COUNTY OF C ? M ?+-t/"`?/s'? ;'s AFFIDAVIT: I hewt)y smiai o, allnm that I srnvctl 9.4.4837 a ropy o f the N o t i c e of Appeal, Cunun un p l . a No , u p o n Ili f: D i s t net JusUCU r l e s i g n n l a d th ereinnn (nata o(sonwul _P.vj' -L 19 pt i. tal s."Vi x by (certified) Degislemd) mall, sander's WCeiln ultat h? it h..'' a Ion Ili, ,i f Ilr ln,-n nCl.. MA G Pra 6-T SI LEV on 19 1 by p •:mm;J ..... X by Icn•I.liedl (rcyls L'n;d) anal, sender's recnlpt attached hereto. and fulthcr that I solved the Ruh, I(, File a Cnngrla•.nt eecompany,nq the ahnve Nnticu of Appeal upon the appclleels) to whom the Rule eves add n,xcIl un-__. 19 by puisonal service by (certiFrd) (tslistm'ed) moil, sender's Ieceipt iiftacherl hereto. SWORN q(AFAFIRMED) AND 4-1 SUBSCRIBED BEFORE MU THIS- ?--1 - DAY OF.... &) !!-?')'- _ 19.gy. Sign:rture of o//i0nf SignuNrn of nlfi lie Nbe4111- wLrnn. Lrl.rvit rc.u ni.uhTirl[ol NOTARIAL SEAL My con-miss ion xl 5 0.. _- - L-yNN PEHRENFELD Nota P b 1 , ry u lic Lemoyne Bom. Cumberland Count r) y My Commisslon Expires Aug. 17,2000 c_I I- t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET SILER, Plaintiff No. 99-4837 Civil Term V. FRANK S. HUGHES, CONTRACTOR; Defendant TO THE PROTHONOTARY: Kindly enter the appearance of Cynthia E. Reed, Esquire on behalf of the Plaintiff, Margaret Siler, in the above-captioned matter. Respectfully submitted, yn is E. Reed, Esquire Su " eme Court I.D. No. 81641 119 Nittany Drive Mechanicsburg, PA 17055 (717) 608-8912 Date: 2( ( Al I CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on the following by First Class mail postage pre-paid, addressed as follows: Sam Andes, Esquire 525 N. Twelfth Street Lemoyne, PA 17043 Date: cl 1 I1 I E. Reed, Esquire any Drive csburg, PA 17055 r I•.. l G'. 1 SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELPTH STREET P.O. HON 188 LEMOYNE, PENNSYLVANIA 17043 27 October 2000 Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 RE. Siier vs. Hughes Dear Henry: Q8U X" TELEPHONE (717) 7EI-E381 VAX (7v) 791.16 5 You are the chairman of a board of arbitrators in the above matter and you have scheduled the hearing for 10:00 a.m. on Wednesday, 29 November 2000. Unfortunately, I am scheduled to be before the Superior Court that day and must ask that your hearing be rescheduled. If you would like my office to assist in the rescheduling efforts, please call my secretary, Amy Harkins, and we will help out. Thank you for your cooperation. Sincerely, Samue L. Andes amh IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET SILER, Plaintiff No. 99-4837 Civil Term V. FRANK S. HUGHES, CONTRACTOR; Defendant NOTICE TO DEFEND TO: Frank S. Hughes, Contractor and his attorney Sam Andes, Esquire 525 N. Twelfth Street Lemoyne, PA 17043 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 personnally or by attorney and filing ain 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 money claimed in the complaint or for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ' PENNSYLVANIA MARGARET SILER, No. 99-4837 Plaintiff Civil Term i v. FRANK S. HUGHES, CONTRACTOR; Defendant NOW COMES Plaintiff, Margaret Siler, by and through counsel, Cynthia E. Reed, Esquire, and for her Complaint in Breach of Contract against Defendant, Frank S. Hughes, Contractor, does state the following: Plaintiff, Mrs. Margaret Siler, is an adult individual currently residing at 56 Oak Avenue, Camp Hill, Pennsylvania.. 2. Defendant, Frank S. Hughes, Contractor, on information and belief was, at all relevant times, a building and remodeling contractor with a business address of 895 York Road, Dover, Pennsylvania. 3. On or around September 3, 1996 Mrs. Siler and Defendant entered into a contract for the repair of Mrs. Siler's water-damaged front porch and repair of a leak in the terra-cotta tile roof. The repair was to include the following: a. Removal and replacement of the plaster ceiling; b. Sealing and repair of the leaking porch roof; C. Replacement of 8 2" x 6" rafters; d. Repair (forming and patching) of the concrete front steps; e. Scraping and painting of the porch floor; f. Repair of 3 piers and repainting of porch wall; and g. Removal of debris. (See Proposal of Frank S. Hughes, Contractor, dated September 3, 1996, attached and marked Plaintiff's Exhibit 1). 4. The job was estimated to require 18 hours of labor and three (3) men . 5. At the time Defendant inspected Mrs. Siler's porch and made his estimate, he did not indicate that he might be unable to properly repair the tile roof. 6. Of the 7 items listed above in Paragraph 3, Defendant: a. failed to replace the 8 rafters; b. failed to repair the front steps; C. failed to scrape and paint the porch floor; and d. failed to repair the piers. 7. Mrs. Siler had submitted Defendant's proposal to her homeowner's insurance carrier, which approved the repairs Defendant contracted to perform, and forwarded a check, made out to Mrs. Siler, in the amount of $2422.00. 8. Prior to the arrival of the insurance check, Defendant telephoned Mrs. Siler several times to ask if she had received the check. 9. On October 8, 1996 the check arrived, and Defendant went to Mrs. Siler's residence, at which time Mrs. Siler endorsed the check over to Defendant. He accepted the check and noted on the face of the contract that it was paid in full. 10. On October 24, 1996 Defendant telephoned Mrs. Siler to say that he would begin the work on the following day, October 25, 1996. Mrs. Siler advised him that she would not be at home on that day. 11. When Mrs. Siler returned home on October 25, 1996, she saw that a new ceiling was in place and that spackle had been applied to the lower part of the arches which comprise the porch structure. 12. Subsequently, in late October or early November of 1996, after a rain, Mrs. Siler saw a large number of streaky, dark brown stains down the inside and outside porch walls, and immediately telephoned Defendant. She advised him that the porch roof was still leaking. 13. A few days after Mrs. Siler's call to Defendant, he came alone to her house and applied a substance, the precise nature of which is unknown to Mrs. Siler, to the left rear portion of the roof, at the point where the roof joins the house, which was the location of the leak. 14. At that time he advised Mrs. Siler that he had not installed the 8 new rafters, as he had determined they were not needed. 15. Approximately 2 weeks later, a man believed by Mrs. Siler to be the Defendant, came to her front porch and painted over the brown-streaked area. 16. Approximately 3 or 4 weeks after Defendant painted over the brown-streaked area, Mrs. Siler advised him that there was another streak, and mentioned the spackle used on the arch. She questioned whether it was the appropriate method for such a repair, and Defendant advised her that it was temporary. 17. In the contract it was noted that Defendant was to complete the job in the Spring of 1997. 18. Defendant did not contact Mrs. Siler again until sometime in July 1997. He advised that he would be at her house the following day and was told that Mrs. Siler would not be at home. 19. Defendant did not go to Mrs. Siler's house on the appointed day. When she returned home, no new work had been done. Over the remainder of 1997 Defendant did not return. 20. During the winter of 1998 mildew began to form on the porch ceiling, indicating that the roof was still leaking. 21. During the winter of 1998 Mrs. Siler's son called Defendant and questioned him about the roof. 22. In mid-June of 1998, Defendant arrived at Mrs. Siler's house and proceeded to put up a large ladder against the front of the porch; Mrs. Siler noted that he carried something that appeared to be caulk. It appeared that he intended to apply this substance to a portion of the front part of the porch roof, near the gutter. 23. At that time Mrs. Siler told him that the leak was not located at that spot, but was at the left rear part of the porch roof where it had been the last time he was there. Defendant advised her that she should have the entire roof torn off and replaced. 24. At that time, in mid-June 1998, Defendant advised Mrs. Siler that because of a heart attack, he had closed his business and let his help go. 25. In June 1998 Mrs. Siler contacted a company specializing in slate roof repair, and obtained an estimate and subsequent repair of her tiled porch roof for $295.00. (See Proposal, dated June 19, 1998, attached and marked Plaintiffs Exhibit 2). 26. During the June 1998 repair of Mrs. Siler's porch roof, the roofing contractor advised her VERIFICATION Now comes MARGARET SILER and verifies that the statements made in the foregoing document, on affirmation and belief, are true and correct. I understand that false statements are subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. X 1? f c t 'v Margaret Sil Date: -y .i 1 ? 17 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on the following by First Class mail postage pre-paid, addressed as follows: Sam Andes, Esquire 525 N. Twelfth Street Lemoyne, PA 17043 / iE. Reed, Esquire Drive Mechanicsburg, PA 17055 that the previous attempts to seal the leak were improperly done, and were increasing the problem. 27. Defendant, despite his contract to do so, also failed to repair Mrs. Siler's front steps. 28. Despite his contract to do so, Defendant never painted Mrs. Siler's porch floor. 29. Defendant also failed to repair the 3 piers, as set forth in his proposal. 30. Defendant took full payment of $2422.00 for all the work and materials proposed. 31. By failing to perform all of the work which he contracted to do, Defendant breached his contract with Mrs. Siler. 32. On or around August 2, 1999 Mrs. Siler obtained a judgment against Defendant from District Justice Thomas A. Placey. 33. On or around August 11, 1999 Defendant served Mrs. Siler with a Rule to file a Complaint. 34. The amount in controversy in this matter is not more than $25,000.00. WHEREFORE, Plaintiff respectfully requests that this Court rescind the contract and order restitution of the full amount of her performance, plus interest along with costs incurred, including but not limited to the cost of her new porch roof and litigation costs and reasonable attorney's fees incurred to date. Date: ?? 1 C Respectfully submitted, Cyril is E. Reed, Esquire S reme Court I.D. No. 81641 119 Nittany Drive Mechanicsburg, PA 17055 (717) 608-8912 Attorney for Plaintiff FRANK S. HUGHES, CONTRACTOR Building & Remodeling 895 York Road a Dover, Penna. 17315 Phone: (717) 938.1438 of -.... .vcmnrcu lu - Mar aret Siler• PHONE 737-1687 DATE 9 3 96 T - - 56 Oak Avenue TOO NAME Siler Job STATE AND ZIP COD[ Camp Hill, Pa 17011 JON LOCATION Same ITECT DATE OF PLANS JOB PHONE e hereby submit speGficauons and eehmates for: _S IO.RM... D AM A G.E._ Q r o n t_,_P qr c h.) 1. Remove plil-Jer ceiling._,and_replA_ce using white vented soffit. 2. Seal top of porch roof.__again.s.t house...... 3. Replace 2"Xi," rafters, 8..pieces. 4. Form and porch front steps,._ 5. Scrape and paint porch_fl.o_or. 6. Repair 3 piors and repaipt under porch area wall. 7. 3 men at '0:.00 per man hT. 18 hrs. total-$2,052 00. ................ Total - Pia 1. I:r•ial-$620.00. _ 9. Total Labor 8 Material-,$2,672.00..__ 10. Remove 0ol,ri UP PrOpOst hereby to furnish material and labor- complete in accordance with above specifications, for the sum of: yment to be made as follows: dollars (S 6 7 . 00 J. II material M gwranted to W as speatlod. All wore to be completed In a workmanlike ennu according to standard practices. Any alteration or deviation from above spedfica• Authorized C. Ong Involving aala ante will M aucuted only upon wmten orders, and will become an Signature tra charge over AM above the estimate. All aeresment contingent upon strikes, accident ddave bvoM am eonbel. D,..e. m ..,... n.. r....._ __. ?.__ ________. ,_....____ N,.e.• rr.I. ....... ___._ n workers an loth eowred by Workman's Compensation tnsunnee. Withdrawn by ps if nOt aeelpted within days. ureptance of f roposal -The above prices, specifications it conditions are satisfactory and are hereby accepted. You are authorized Signature do the work as specified. Payment will be made as outlined above. to of Acceptance: _ Signature PLAINTIFFS EXHIBIT EXHIBIT 1 i I i I I I FORM 0460060 ml AVAIIAN F/ROM PRINTORAFT IFWISaiePV, PA Mrs. Syler: 56: Oak Ave. 'Camp Hill, PA, 1701.1 JOB: 56 Oak Ave. Camp Hill., PA 17011 6!19/98 PROPOSAL We agree 'to do, the following Front'Poxch L .Wall Repair 0uotation to ref lash. porch roof •at,wall, detailI ;1) Cut. groove- into :wall detail ..above, porch roof to accept new metal co' terflashing.- 2) Fabricate and install white' aluminum' counterflashing to be insertec into wall and to extend onto top, of porch roof surface. '.3) Caulk.counterflashing using, tripolymer•,alloy sealant. .9j To wall detail above'porch:roof - spot point wall to'fill in areas of deteriorated mortar as: necessary` using' mortar. and acrysil 60 bonding agent 5j To. south :,rake. detail - reseal numerous exposed 'fasteners along edge. '6j ,To terra cotta' coping,' at front. edge of.main'2nd floor. roof above porch roof.,- reseal joints between coping, sections as necessary using mortar mix and, tripolymer alloy sealant. 7).All debris removed by Central Pa Slates Roof Repair. 1 Ttie•aboveconpletematerialsand labor-for the sum ofh Two hundred ninety-five dollars -------=---------- --------- $ 295.00 '?.TERMsNet due upon !completion of. work.'. '1.'1'ropoaw prlcn aubloct to change after 3U aeyn. 2. Thin WMarnnl tkvb not In A.adr nay trork encapt nn npUOlftaelly montlmwd horeln antl no vorhxl ngri-eir n .1 11, Isis ^In n^.en at tuna ahefl . rocognf zthin propgne areal caner ltuln n cnnVncC vu Ug mcl to approval of our crvnllt drpnrtmwrt. 4]. . Not Accop taapotenco n of nibl thin for eel.ey by sewn of nl rl knnr ncra Jrnta, labrrr or mer'm lnl. e? rtogan, or e[i xl css bny,rJ , r..n rel. Re #90153 Accepted] ?,Z O ?By Date 7! Y PLAINTIFFS EXHIBIT EXHIBIT 2 t? J1 C C' O p; c? r' u: f !L1 C7 ' 1 ?? CJ U luQ ?? MARGARET SILER, 1 IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA Vs. ) 1 CIVIL ACTION - LAW 1 FRANK S. HUGHES, CONTRACTOR, 1 NO. 99-4837 CIVIL TERM Defendant NDMCE TO PLAINTIFF NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. By ZzMuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 MARGARET SILER, Plaintiff vs. FRANK S. HUGHES, CONTRACTOR, Defendant 1 IN THE COURT OF COMMON 1 PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA 1 1 CIVIL ACTION - LAW 1 1 NO. 99-4837 CIVIL TERM 1 ANSWER AND NEW MATTER TO PLAWTtEE&_COMPLAINT AND NOW comes the above-named Defendant, Frank S. Hughes, by his attorney, Samuel L. Andes, and makes the following Answer and New Matter to Plaintiff's Complaint. 1. Admitted. 2. Admitted. 3. It is admitted that the parties entered into agreement which agreement was based upon the written proposal submitted to Plaintiff by Defendant, which is attached to Plaintiff's Complaint. That proposal, and the terms of the agreement reached by the parties, speaks for itself and no further characterization of it is necessary. Accordingly, Defendant denies the averments in Paragraph 3 which characterize the details of the agreement between the parties. 4. Denied for the same reasons set forth in Paragraph 3 above. 5. Admitted. 6. Denied. Defendant substantially completed the work under the contract between the parties. Defendant was unable to complete the final work under the contract because of personal health problems he experienced which forced him out of business and prevented his completion of the work under the contract. The items listed in Paragraph 6 of Plaintiff's Complaint were substantially completed by Defendant. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Defendant admits that Plaintiff called him and told him she believed the roof was leaking. Defendant cannot say what Plaintiff saw or claims she saw because that information is within the exclusive control of Plaintiff. 13. Defendant admits that he came to Plaintiff's home and took measures to repair or correct the problem which existed on her roof by patching or repairing it. 14. Denied as stated. Defendant acknowledges that he had not installed eight new rafters but denies that he advised Plaintiff that was because the rafters were not needed. 15. Defendant admits that he or one of his representatives came to the house to repaint the ceiling area. 16. Admitted in part and denied in part. Defendant admits that Plaintiff complained repeatedly about the ceiling and that he advised her that he had not completed his work. Defendant denies that he told her that the work he had done was "temporary." 17. Denied as stated. The contract speaks for itself. The notation made on the contract by Defendant was made at Plaintiff's request and did not constitute a rigid promise to complete the work by any specified date but was Defendant's estimate only of when he expected to complete the work. 18. Admitted. 19. Admitted. 20. Denied. Defendant does not know about the appearance of mildew because that information is within the exclusive control of Plaintiff and so Defendant denies the same and demands proof thereof at trial. Defendant denies that the appearance of mildew, if it occurred, demonstrates that the roof was "still leaking." 21. Admitted. 22. Admitted in part and denied in part. Defendant admits that he or a representative returned to Plaintiff's home to inspect and attempt to repair the roof leak. As to what Plaintiff "noted" or what "appeared" to Plaintiff, Defendant cannot aver because those personal observations and conclusions are within the exclusive control of Plaintiff and so Defendant denies same and demands proof thereof at trial. 23. Although it is admitted that the parties had a discussion at that point, the description of that discussion in Plaintiff's Complaint is denied. Defendant acknowledges that he advised Plaintiff that her roof was beyond economic repair and that it should be replaced. Defendant also advised her that the replacement of the roof was beyond the scope of his contract and that he was not financially responsible to replace it under the terms of the contract between the parties. 24. Admitted. 25. Denied. Defendant has no knowledge of these actions by Plaintiff because they are within her exclusive control and so he denies same and demands proof thereof at trial. Plaintiff's Exhibit 2 and her statements about it in the Complaint are hearsay and Defendant objects to their introduction at trial. 26. Denied. Defendant is without information as to the averments in this Paragraph because such information is within the exclusive control of the Plaintiff and so Defendant denies same and demands proof at trial. Defendant further objects to the consideration or admission of hear say statements such as those contained in Paragraph 26. 27. Defendant admits that he did not complete all of the work under the contract because of the health problems he experienced which forced him to close his contracting business and terminate his employees. Defendant did, however, perform work on Plaintiff's property equal in value and benefits to the total contract price. 28. Admitted with the same clarification as set forth in Paragraph 27. 29. Admitted with the same clarification as set forth in Paragraph 27. 30. Admitted. By way of further answer, Defendant states that he earned that payment by substantially completing the work under the contract. 31. Denied. Defendant did not breach the contract between the parties. The averments set out in Defendant's New Matter are incorporated herein by reference. 32. Admitted. Defendant, however, denies the validity of the District Justice's judgment and decision. 33. Admitted. 34. Admitted. WHEREFORE, Defendant prays this Court to dismiss Plaintiff's Complaint and enter judgment in his behalf in this matter. 35 After executing the contract with Plaintiff, Defendant developed serious health problems which included, among other things, a severe heart attack. 36. Defendant's health problems forced him to cease operating his business as a contractor, to close that business, and to cease doing physical labor of that type. 37. As a result of Defendant's health problems, he was unable to return to Plaintiff's home and complete all of the work under the contract between the parties. 38. Despite his health problems and being forced to cease his business operations, Defendant was able to substantially complete the work under the contract between the Defendant. 39. Further performance by Defendant under his contract with Plaintiff is excused because of his health problems and inability to complete the obligations under the contract. 40. Defendant notified Plaintiff of his inability to complete the final work on the contract. 41. The work done by Defendant on the contract is at least equal in value, both in terms of what it cost Defendant to do the work and in terms of the benefit conferred upon Plaintiff by such work, to the contract which Defendant has been paid. 42. Plaintiff has taken no steps to mitigate the damages she claims she has suffered. 43. Plaintiff's claim is barred because the Defendant substantially completed his obligations under the contract and Plaintiff has not demonstrated her actual damages or taken any steps to mitigate them. WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and that judgment be entered in his favor in this matter. Samuel L. Andes Attorney for Defendant Supreme Court ID f1 17225 525 North 121" Street Lemoyne, PA 17043 (717) 761-5361 COMMONWEALTH OF PENNSYLVANIA 1 1 SS.: COUNTY OF CUMBERLAND 1 FRANK S. HUGHES, being duly sworn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information, and belief. NK S. HUGHES Sworn to and subscribed before me this i 3 ", day of 2000. L7,d= Ghte ? Notary Public. NOTARIAL SEAL LYNN EHRENFELD, Notary Public i Lemoyne Boro. Cumberland Countyty MY Corxnisslon Expires Aug.17,2000 }IY C't 1 Ica c:: '.r LL ?' ,y ?l. C. U C7; Cynthia E. Reed Attnmev at Lnv 4 Central Boulevard, 2"" Floor Camp Hill, PA 17011 (7) 7) 737.5573 Ott 6P v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET SILER, Plaintiff No. 99-4837 Civil Term V. FRANK S. HUGHES, CONTRACTOR; Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 35. Admitted to the extent that Plaintiff was advised by Defendant that he had had a heart attack. Plaintiff is without information sufficient to form a belief as to other "serious health problems," and demands proof thereof at trial. 36. Admitted to the extent that Plaintiff was advised by Defendant that he had closed his contracting business because of a heart attack. Plaintiff is without information sufficient to form a belief as to the remainder of the allegations in paragraph 36. 37. Admitted to the extent that Plaintiff was advised by Defendant that he was unable to complete the work because of his heart attack. 38. Denied. Plaintiff re-avers that Defendant did not substantially complete the work under the contract. Plaintiff is unaware that Defendant may have been able to do so despite his claimed health problems. 39. Admitted to the extent that Defendant himself might possibly be excused from comple- tion of the work under the contract because of his alleged illness. In further answer, Plaintiff re- avers that Defendant failed to substantially perform under that contract, and that she is entitled to the relief she seeks. 40. Admitted. 41. Denied. Plaintiff denies that any benefit was conferred at all by Defendant. Plaintiff is is without information sufficient to form a belief as to any cost to Defendant and proof thereof is demanded at trial. 42. Denied. Plaintiff contacted another roofing contractor and had proper repairs done to her roof. Plaintiff further denies that she is required to repair any damage to her property caused by Defendant. 43. The portion of paragraph 43 regarding Plaintiffs claim is a conclusion of law to which no answer is required. Denied as to the remainder of paragraph 43. Plaintiff avers that Defendant did not substantially complete his obligations under the contract. Plaintiff further avers that she has demonstrated her actual damages by way of her Complaint, reasserts that she is not required to repair any damage to her property caused by Defendant. WHEREFORE, Plaintiff respectfully requests that this Court rescind the contract and order restitution of the full amount of her performance, plus interest along with costs incurred, including but not limited to the cost of her new porch roof and litigation costs and reasonable attorney's fees incurred to date. Respectfully submitted, n 'a E. Reed, Esquire Supreme Court I.D. No. 81641 4 Central Boulevard, 2nd Floor Camp Hill, PA 17011 (717) 737-5573 Attorney for Margaret Siler Dated: 51$ l0U VERIFICATION Now comes MARGARET SILER and verifies that the statements made in the foregoing document, on affirmation and belief, are true and correct. I understand that false statements are subject to the penalties of 18 Pa. C.S.A.4904, relating to unsworn falsification to authorities. Margaret Si er Dated: 5I --?I x() 0 0 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on the following by First Class mail postage pre-paid, addressed as follows: Sam Andes, Esquire 525 N. Twelfth Street Lemoyne, PA 17043 Z Date: 5 /S /40 Y9 is E. Reed MARGARET SILER, -- : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-4837 CIVIL TERM FRANK S. HUGHES, CONTRACTOR, Defendant 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 charge the duties of our office with fidelity. ^ A G Chairman % -- I19/4 N+.Q R. 01R e,7C K Z -;>1 L _ 0 1(7 /, / r 4Ir/ CARIDI iELL?D AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: Arbitrator, dissents. t name if applicable.) Date of Hearing: R lCl t7 U 6-6 Date of Award: $' U D (/ 66 NOTICE OF ENTRY OF AV A D Now, the ? day of Novtmb?` . 2000, at 8. _A.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 l5/ Uu? `rl • ` -9 paid upon appeal: Prothonotary By:D&,o y? '?'l n? BArl Deputy (Note: If damages for delay are awarded, they shall be separately stated.) a. ? E? v 7 1 ?,,?.?-??,?? ,. _,.,-fir • ?-??t ? -?-'?l? MARGARET SILER, ) Plaintiff ) vs. ) FRANK S. HUGHES, CONTRACTOR, ) Defendant ) PRAECIPE TO THE PROTHONOTARY: Please satisfy the award of arbitrators in the above matter, dated 29 February 2001, and mark the above-captioned matter "settled and discontinued." Date: u 12 4 e 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4837 Oy is E. Reed A rney for Plaintiff Supreme Court ID # $Itey I e r'' f' ?4 _ - z w?' i^ 7y N .E r. o V 7 4 ? ? ? Q S ? .?. 1. a ? `? < ? = a ? y ?' F? % ?" Q W a ° w a 0 a a a ti F o W ti ? r. x ? r ? N w MARGARET SILER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FRANK S. HUGHES, CONTRACTOR, Defendant NO. 99-4837 CIVIL TERM 06JECI MS-T-0 REQUl-T-EDELpEt DALCMO LOF DOCUMENTS ALU.D?OUEST FOR ADM1$$IONS AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and objects to Plaintiff's Request for Admissions and Request for Production of Documents, for the following reasons: 1. The Request for Production of Documents seeks information which has already been provided to Plaintiff's counsel or which is irrelevant or inmaterial to the issues in this case and is not likely to lead to information which will be material or relevant to the case. 2. Plaintiff's Request for Production of Documents is burdensome, oppressive, and unnecessary. 3. Plaintiff's Request for Admissions seeks information which is already in the record under Plaintiff's sworn statements. 4. Plaintiff's Request for Admissions is duplicateive, burdensome, and unnecessary. 5. Plaintiff has already engaged in the discovery in this matter, in the form of Interrogatories, and Plaintiff has provided all information necessary to prepare this case for litigation through that discovery. 6. The claim in this case is for less than $3,000.00 and Plaintiff appears to intend to coerce Defendant into settling the case by causing him more legal fees and expenses than the amount of Plaintiff's claim. I 7. Plaintiff's discovery is not taken in good faith and represents an abuse of the discovery system. WHEREFORE, Defendant objects to Plaintiff's discovery in the form of Request for Production of Documents and Request for Admissions, requests this court to deny both of those discovery requests, and to impose sanctions upon the Plaintiff if she continues to abuse the discovery proceedings in this matter. Bye u L. An as Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 r ? C-E1MCAIE OF SERYLC_E I hereby certify that I served an original of the foregoing Objections to Request for Production of Documents and Request for Admissions upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Cynthia E. Reed, Esquire 4 Central Boulevard, 2nd Floor Camp Hill, Pa 17011 Sa L. An es Attorney for Defendant {