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Home My WebLink About99-05624 ti -: ' ?. ?? z ` oQ. ?? fit. , s... ? ? ? ,;? y? ? r:y; ?,. ?'r r t f? ?? < ??C.°?.? h 1 s? ? Zy ^\'- .J fA ? ' h , „ `, d' f n si^.? ?. ,. , ? ,, ,,<; ?? ;J ?? ,? .; .?_ ;? ,, L rH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT 09-3-4 S6.7y COMMON PLEAS No. 99- CIVIL TERM NOTICE OF APPEAL -. _.. ---_... _.... . ?... TCAV o . .. . 19000257-99 LT 19 Fbry O Coruoughbon, Esq. This block will be signed ONLY when this notation is required nder Pa. R.C.P.J.P. No. 10088. If appellant was Claimant (see Pa. R.C.P.J.P. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOT/CE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.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 Mark & (Common Pleas No 99 Name CIVIL, TERM appellee(s), to file a complaint in this appeal I within twenty (20) days after ser ce of rule or suff entry of judgment of non pros. O Signature ofepelant orhis attorney or agent RULE: To Mark & mu Berkley appellee ('I ??1?r 1S(? Name of appellees) 01 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. 12) 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: Tl 4- '19 i i nature of Pip Oprary or Deputy ACPC 31284 COURT FII I-: TO Pr" I'ILFO tvI If-f PR OThfONOTARY 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. Ll 15. 1. - ?. ii ll I V. riL 1.- n5 j Ivegle )o ammAS v? 8 r IV) M ? ?1 "-GI ' - uu sand x.r uoisswnuoi AIN I ? reuy)n JO ap rl 'Pevu +1 •PVlrr )M urlay/ )II JIn:unJ0JBr5` --BL ----- -d0 AVa --.--SIH.L 3W 380:138 0311IHJSUIIS CINV ((73WH133V) NNOMS 'u laloy palpel u+Id ln:)a I S, WpuaS'I I col (paIJpS&CIA) (palpijao) Ay fL aoln raS Jeuoslad Ay Sens oPJH 1411 uuMym of (S)aailadde oyl uodn IeaddV to oouuN ;)nuyc 3q1 IiWAuL`LIUJUJJC 11 .rg(Iuru,) 1' ;qi, ul ain)1 ayl 1),)n411 I Ryl JaglJnl [AW '0larut1patioelle ldloool s, ro pu as'peul (p;nalsdiar) (1lay?ln':)I Ay I _.I ,I ,I,K pvuv,el ny -- 61 _._.. l.uurvq ',el?biddl•.nll uodn pur 'nln enl p. nl:)PI P' IdmJdr S,Jaf)uBS'I. !OLU If)41B1S16a1 )al 11 la:) Al '1:)14 n PUns lrnl All - --pt '_- (O:Jrnru'1u al Up) uo upiayt paleu615ap oorlsn(' )anlsi(I ayl undn ___-.aN 54a?t{ uo ulwu'J 'joadtly In a:ryoN uyl In Aduo P ?MA1,6 Will I I IIIIIO In w oms Ayamil :lIAVOIddV "' -----JOA1NnOo VINVAIASNN3d 30 H11V3MNOWWO3 (saxoq a/qe?gdr/e 43'WO lreddc In "I()" ;"P l"°IV !/ 111 V SA VO 14l 3/10 NHIJ IM 01371 i 3N 1 SN{N rnnias lu l or id sryll 1NIVIMOO 3113 Ol 3inH ONV lV3ddV 30 301ION 30 3DIA83S j0 d00Hd COMMONWEALTH OF PENNSYLv _ ^f A IA COUNPYoF cwtm> NOTICE OF JUDGM 09-3-04 EN rNRANSCRIP r?Ln,nrr,FF; CIVIL'CASS EE aramr. ra„ , rte' >?AAiC ? ,? ? PO Rbj I 10? 8 j? x%M p 206 Cggg PA ? DR2Tig 17033 =C 8 HD a T*Wu o; (79.7) 761-8230 7055 DEFENDANT.- VS. C71RP8T MART NAWYdADDRM 5103 C?,=9LS PIS - CMP$T NUT i WALLP3<PSR 5103 PA 17055 CAnZOLE Plft IC9BOBQ. Pa 17055 DocketNo.: CV-000 ? 257-99 Date Riled: 7/02/99 ' IS pTW-.Y,YOU TItAT: ® Judgment entered for . (?) ® Judgment was entered against: ( me) CA E" In the amount of $ 1 1ton: Defendants are 10i17NY and severalt?, li (Date of Judgment) ebie. i ( Q Damages will be assessed (Date & Time) on: ` This case dismissed ith Amount of Judgment $ Judgment Costs $ w out prejad e r Interest on Judgment $ A Amount of Judgment Subjeot to AMIChment/A t ttorney Fees $ Tow $ ? c 6 of 1996 $ '? Levy Is stayed for days or E I Post Judgment Craft $ Post Jud ?? gene IY stayed. gment Costa $ 0 Obleotlon to levy has beert Red aro twaenq wig be held certrried Judgment TOW Date: j PYace ANY PARTY HAS THE RIGHT TO APPEAL WrrM OF APPEAL Wf "7WE PROYHONdtraaynn 30 DAYSAAFTER THE EEWM OF (OUST INCLUDE A CO . a-19-19 Date My aommlesion expires first Monday SEAL 13 A NOTICE YOU SZ ZT 66. LZ 9fltl £0d 9hd liW 13d w =.TL ? ? _ ?6 ?? ? ?X ? ??? (? r.- ? y o ? N ?? Q O V ?" ^? ?? ., ., .'f-OMMONINE&LTH OF PENNSYLVANIA NOTICE OF APPEAL ±'.F COURT OF COMMON PLEAS FROM ... JUDICIAL olsTRfcr DISTRICT JUSTICE JUDGMENT 09-3-4 s4ov COMMON PLEAS No. 99- i CIVIL TERM ' NOTICE OF APPEAL Notice is given that the appellant has filed in the above CoAP of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. _ MAYf o AA.I.11A. ?y??p I U Carpet Mart, Inc. •O. OIfT. MO. OR N.sM{ OI O.I. _ Y4®I?JIOiLI XFAM M 09-3-4 Thcrnas a Pl 5103 Carlisle Pike Mechani6,,m pp CY-0000 7-99 TA 19 LT 19 This block will be signed ONLY when this notation is required nder 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. Irv...{{• m f•?{ w{ ol,?e.•,,,e 7055 8/19/99 fM arl L A-, 0 Ll .. Signature or Prothonotary or Deputy Boxy O e ftq. 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.C.P.J.P. No. 1001171 in action before DistRct Justice, '.• IF NOT USED, detach from copy of notice of appeal to be served upon appellee), PRAECIPE: To Prothonotary Enter rule upon Mark & Artry Berkley -s Name of appelleels) appellee(s), to file a compiaint in this appeal M (Common Pleas No.99- CIVIL, TERM 1 within twenty (20) days after set 'ce of rule or Buff entry of judgment of non pros. HULL: -ld iurK am%»]-`..-.._.., _,•Sl' etm?rtappeuitnr or his attari agent q :9cYk1 P}l appellee(s) 0 r t Name of appelleelil (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty ;(21Vji4ys after the tlBt'e 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-WILE-BE ENTERED AGAINST"14)U. f (3) The date of service of this rule if service was by mail is the date of mailing Date: '19 ?'/ I mature o/Pro G1 otarv ar Demnv- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED IV/THIN FIVE I5l DAYS AF >•Fh Idnry rAc nopre o1 dp/und. (:/rec6 applicable boxes/ COMMONWEALTH OF PENNSYLVANIA - COUNTY OF Lancaster ss AFFIDAVIT: I herehy swear or affirm that I served XJ a copy of the Notice of A16?ppeal, Common f Leas No99-5624 t.pun thv D,,(i icf Justice duslrlntiNd theiem on (date of service)Sept•_--1999 . -, i 1 by pwsonal serv¢<; t )t bV (ce, li lie11) JgxxxxX?l road, sender's receipt attached hewto,;n,dup ...I hcappcWa?.Omwwi_ Mark and Amy Berkley Sept. 16, ---oo 199$9 h ?CKOnJI t_crt (nail 1 nJi1, S(IMIr t iPle`Ipl alll.hed heYlltU. -_.--. V 1 ? X ?7 ( XX%?CXX?C ?C and farther that I served the Hule I" Flu i Conipuunr ?ccmo i ran Y' v] the ahov,' Nohc?• of Appeal upon the appellee(s) to wham the Rule. was addnssgd on._Se_ Pt. _ 16_, 199_9 _ 1i1 by n?.,.onal aidvine '?X? hY (gc•rtiligd) (&%y7f?4%&7Q mail, sender's receipt attached hereto. SIN (A?FIRMED) AND SUBSCRIBED BEFOR?j1E TH S _UGT_OF _a1"VBtA J2_ Signature of ol6cu1.lo,r hmo,'ffid"t veu rndm _-_? - - ??iB?LG -- - - - - Adc o! olao:al MY commiss;on -xpin:s on Notarial Seal Pamela J. Kolb, Notary Public Lancaster, Lancaster County . MW Commission Expires May 5, 2003 f t I O I I Z 104 313 797 Z 104 313 796 US Postal Service Receipt for Certified Mail US Postal Service Receipt for Certified Mail No insurance covers Provided. !? Do not use for international mall See rev No Insurance Coverage Provided. Do not use for inter - Mail (See reverse S - Sent to erse enna? Y . t? -3 1 a Q Q . areas i m k Strew a amen toy 5 5 - l ill I . C l rl •e Poet OlACe, ata 821P Ca de Post om , Slate, a ZIP Cal , ?_ t t /703 Postage $ n 3 Postage $ r 33 ? Certified Fee Certified Fee 1 SPedy Delivery Fee SPedal Delivery Fee Restricted Delivery Fee N Restncled Delivery Fee m Rehm Reny to WhomB Dab Dal _ Haum RecyplSWaW W Wean a DeYVered t C? vmed R eeem ? $ @O Penan gKyl Re+e''0bvebm, Re a rJewp?loWhm, C Date,&Addra l p O TOTAL P , S 00 TOTAL Poyege 8 s S' (,? V' PosMark a E € PeeMadl a Daly?n G U - t a `. aI i i. f Berkley.COMPL.Doc MARK BERKLEY and AMY BERKLEY, Plaintiffs Vs. MECHANICSBURG CARPET MART, INC., Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the 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. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA NO. 5(?;)4 61 VI i.Tf9,1 : CIVIL ACTION-LAW : JURY TRIAL DEMANDED Harrisburg, PA 17110 (717) 236-9391 ID #72657 Attorneys for Plaintiff NICH AS & F, O?EMAN, P.C. By ? JEF ??J?M N, ESQUIRE 44 1111 Front Street MARK BERKLEY and AMY : IN THE COURT OF COMMON PLEAS OF BERKLEY, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs VS. . NO. MECHANICSBURG CARPET : CIVIL ACTION-LAW MART, INC., : JURY TRIAL DEMANED Defendant NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en ]a corte en forma escrita sus defensas o sus objeciones a Ins demandas en contra de su personal. Sea avisado que si usted no se deftende, 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 ABOGADO IMMEDATAMENTE. SI NO THIENE ABOGADO O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 NICHOLAS &FO AN, P.C. By JEFF AN, ESQUIRE 440 o ront Street PA 17110 (717) 236-9391 ID #72657 Attorneys for Plaintiff ,..,...:.u. MARK BERKLEY and AMY BERKLEY, Plaintiffs VS. MECHANICSBURG CARPET MART, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, by their attorneys, NICHOLAS & FOREMAN, P.C., and respectfully present the following: I. Plaintiff, MARK BERKLEY, is an adult individual residing at 206 Crescent Drive, Hershey, Pennsylvania, 17033 (hereinafter, the `Berkley residence"). 2. Plaintiff, AMY BERKLEY, is an adult individual residing at 206 Crescent Drive, Hershey, Pennsylvania, 17033. 3. Defendant, MECHANICSBURG CARPET MART, INC., is a Pennsylvania corporation, operating a retail carpet and flooring sales and installation business, and trading and doing business as Carpet Mart & Wallpaper outlet, with a principal place of business at 5103 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. At all times relevant hereto Plaintiffs Mark Berkley and Amy Berkley were husband and wife and joint owners of the Berkley residence. 5. Plaintiffs went to Defendant's place of business at 5103 Carlisle Pike, Mechanicsburg, PA., on April 11, 1999, and entered into an oral contract with Defendant for the purchase of carpeting, laminated flooring and molding, and installation of the same at the Berkley residence. 6. At the time the contract was formed, as indicated in the paragraph above, Defendant estimated the cost for all materials and installation to be $5,900.00, including the purchase of area rugs and padding; the purchase and installation of carpeting; the purchase and installation of laminated flooring; and the purchase and installation of % inch molding, based on measurements provided by Plaintiffs.. 7. Subsequent to April 11, 1999, but prior to April 28, 1999, an agent or employee of Plaintiff came to the Berkley residence to check and verify measurements provided by Plaintiffs and initially used by Defendant in providing an estimate for all materials and installation costs. 8. Based on the measurements and verifications performed by Defendant's agent or employee, prior to April 28, 1999, Al Guem, on behalf of Defendant, contacted Defendants and indicated the estimated price ($5,900.00) indicated in paragraph 6, above, was agreed to as a "not to exceed" price for completion of said contract, including purchase of all materials and installation at the Berkley residence. 9. At all times relevant hereto, AI Guem was acting in the capacity of an agent or employee of Defendant. 10. On or about April 27, and April 28, 1999, Defendant, or Defendant's employee or agent, delivered and installed said carpeting and laminate flooring at the Berkley residence, but did not deliver or install molding. It. The laminate flooring, as installed, included one or more "cracked" or broken floor boards, causing an inappropriate and unacceptable appearance and exposing the baseboard below the cracked flooring to water damage and rot. 12. Further, said laminate flooring was improperly installed in the area of fireplace at Berkley residence, such that there is a gap between said flooring and tile surrounding said fireplace. 13. After repeated requests, on or about May 6, 1999, Defendant, or Defendant's employee or agent, installed % inch round molding at the Berkley residence. 14. Installation of said molding, as installed, was deficient in that insufficient molding was delivered to finish the job, and therefore various areas that were to have molding installed were left undone. 15. Further, said molding did not match the flooring, and all such molding was therefore unacceptable. 16. Further, said molding as installed is also inappropriate and unsatisfactory in that the quality of installation was unsatisfactory, and specifically resulted in comers that did not properly meet; moldings that do not touch the floor; missing areas of molding; caulking or "liquid nail" used in said installation being smeared, visible and unsightly on areas of the baseboard, molding and flooring; and cracking of some baseboards. 17. Plaintiff was subsequently given a bill by Defendant, or Defendant's employee or agent, at the time molding was installed, and requested that he sign it; Plaintiff Mark Berkley signed the bill, noting "Job not complete - See Installer Checklist" and signed the installer check list, noting "not yet complete must come back to finish". 18. Subsequent to final work performed by Defendant at the Berkley residence on May 6, 1999, Plaintiffs were billed by Defendant in the total amount of $6,099.08, which exceeded the agreed to not to exceed price for said contract, mutually agreed to by all parties, by $199.08. 19. Plaintiffs have paid all charges in full and performed all conditions of the said contract on their part to be performed. 20. Despite repeated requests by Plaintiffs to do so, Defendant has neglected to finish said work or to replace or repair defective materials or work to laminate flooring, molding or other items at the Berkley residence, or has indicated they will do so only at additional cost to Plaintiffs.. 21. By failing to complete agreed to work, and failure to satisfactorily repair, replace or correct improper work, Defendant is in breach of said contract with Plaintiffs. 22. Defendant is further in breach of said contract by increasing the mutually agreed to price for materials and installation by $199.08, without agreement of the Plaintiffs. 23. Plaintiffs have been damaged by Defendant's breach of contract in the amount of $3,254.69 for defective laminate flooring work; $308.88 for defective materials and installation or work not completed on molding work; $199.08 for over charges beyond the agreed to price for completion of said contract; plus additional costs and interest. WHEREFORE, judgment is demanded against Defendant MECHANICSBURG CARPET MART, INC., in the amount of $3,762.65, plus court costs and interest, which amount does not exceed the arbitration jurisdictional amount set forth by Rule of Court. Respectfully submitted, & FOREMAN, P.C. JP-'V MAN, Esquire 49 o Front Street H sburg, Pennsylvania 17110 (717) 236-9391 Supreme Court ID # 72657 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Dated: zd-je ?- a - MA BERKLEY' VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to u4ELE Dated: "t JO qq A Y [r ?fl (T_ n; i( li. . C J i, lJ f f ? l l,y L ! (J? ? .J N a a F U a d 1- W N 44 E? G p n ¢ ' N .r 1 W a NQ a UN y ww OJ v -H C E- z OG ?> cn -j ¢ ? R fd N 05 z N OW LL a > 5Q ? W aw ? z a ? C IL ca z wz H C) aa v = x Fm on U z x L) z > a[ a ea z z x MARK BERKLEY and AMY : IN THE COURT OF COMMON PLEAS OF BERKLEY, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs Vs. NO. MECHANICSBURC CARPET : CIVIL ACTION - LAW MART, INC., Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, JEFF FOREMAN, Esquire, attorney for Plaintiffs in the above captioned matter, certify as follows: &,u.sLw I On foregoing Compla nlt to the above captioned day of e erm9and served number by p a ing the same in thee United States mail, first class, postage pre-paid, to Defendant's attorney of record, at the following location: Rory O. Cunningham, Esquire Hartman, Underhill & Brubaker, LLP 221 East Chestnut Street Lancaster, Pennsylvania, 17602-2782 Respectfully Submitted J man, Esq ire LAS & FOREMAN, P.C. 09 N. Front Street Harrisburg, PA., 17110-1709 t ; ?IJ U. =c. X4nF HARTMAN UNDERHILL 6 BRUBAKER LLP ATTGRN AT LAW 816 ?p?AL nl LA2T p122iNVl fTRCCT ? , LA T2R, MNNS LVMIA 17210E-!)M ; ?. - 1711) 290.7284 , X11 1 I 1. ?y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARK BERKLEY and AMY BERKLEY, Plaintiffs V. MECHANICSBURG CARPET MART, INC., Defendants No. 99-5624-Civil Term Jury Trial Demanded NOTICE TO PLEAD TO: Plaintiffs, Mark & Amy Berkley You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dated: HARTMAN UNDERI IILL & BRUBAKER LLP By: Rory . Connaughton Att orney I.D.# 78775 Attorneys for Defendant 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 00153184.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARK BERKLEY and AMY BERKLEY, Plaintiffs No. 99-5624-Civil Term V. MECHANICSBURG CARPET MART, INC., Defendants Jury Trial Demanded ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT I. Admitted. 2. Admitted. Admitted in part and denied in part. It is admitted that Mechanicsburg Carpet Mart, Inc., is a Pennsylvania corporation engaged in the retail sale of carpet and flooring materials. It is specifically denied that Mechanicsburg Carpet Mart, Inc., is in the business of the installation of such carpeting and flooring materials. To the contrary, carpeting and flooring materials purchased from the Defendant are installed by independent contractors. 4. Denied as stated. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegation that the Plaintiffs are the joint owners of the "Berkley residence." 00153184.1 Denied. The allegation set forth in paragraph 5 of the Plaintiffs' Complaint is a conclusion of law and is therefore deemed to be denied. 6. Denied. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegations set forth in paragraph 6 of the Plaintiffs' Complaint and therefore, these allegations are deemed to be denied and strict proof is demanded at trial. 7. Denied. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of the Plaintiffs' Complaint and therefore, these allegations are deemed to be denied and strict proof is demanded at trial. 8. Denied. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 of the Plaintiffs' Complaint and therefore, these allegations are deemed to be denied and strict proof is demanded at trial. 9. Denied. The allegations set forth in paragraph 9 of the Plaintiffs' Complaint are conclusions of law and are therefore deemed to be denied. 10. Admitted in part and denied in part. It is admitted that the carpeting, padding and laminate flooring were delivered to and installed in the Plaintiffs' residence. It is specifically denied that the individual or individuals who delivered and installed 00153184.1 such carpeting, padding and laminate flooring were the employees or agents of the Defendant. By way of further answer, after reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the Plaintiffs' allegation that molding was not delivered or installed in their residence. Therefore, that allegation is deemed to be denied and strict proof is demanded at trial. 11. Denied. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of the Plaintiffs' Complaint and therefore, these allegations are deemed to be denied and strict proof is demanded at trial. 12. Denied. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of the Plaintiffs' Complaint and therefore, these allegations are deemed to be denied and strict proof is demanded at trial. 13. Denied. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of the Plaintiff's Complaint and therefore, these allegations are deemed to be denied and strict proof is demanded at trial. By way of further answer, it is specifically denied that the individual who installed molding at the Plaintiffs' residence was an employee or agent of the Defendant. 00153184.1 14. Denied. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of the Plaintiffs' Complaint and therefore, these allegations are deemed to be denied and strict proof is demanded at trial. 15. Denied. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of the Plaintiffs' Complaint and therefore, these allegations are deemed to be denied and strict proof is demanded at trial. 16. Denied. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of the Plaintiffs' Complaint and therefore, these allegations are deemed to be denied and strict proof is demanded at trial. 17. Denied. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegation set forth in paragraph 17 of the Plaintiffs' Complaint and therefore, these allegations are deemed to be denied and strict proof is demanded at trial. 18. Admitted in part and denied in part. It is admitted that the Plaintiffs were billed $6,099.08 by the Defendant. It is specifically denied that the bill exceeded any previously agreed upon price. It is further denied that the work performed at the Plaintiffs' residence was done by the Defendant. 00153184.1 19. Denied. The allegation set forth in paragraph 19 of the Plaintiffs' Complaint is a conclusion of law and is therefore deemed to be denied. 20. Denied. After reasonable investigation, the Defendant lacks information or knowledge sufficient to form a belief as to the truth of the allegations set forth in paragraph 20 of the Plaintiffs' Complaint and therefore these allegations are deemed to be denied and strict proof is demanded at trial. 21. Denied. The allegation set forth in paragraph 21 of the Plaintiffs' Complaint is a conclusion of law and is therefore deemed to be denied. 22. Denied. The allegation set forth in paragraph 22 of the Plaintiffs' Complaint is a conclusion of law and is therefore deemed to be denied. 23. Denied. The allegation set forth in paragraph 23 of the Plaintiffs' Complaint is a conclusion of law and is therefore deemed to be denied. WHEREFORE, the Defendant, Mechanicsburg Carpet Mart, Inc., respectfully requests that the Court enter judgment in its favor and against the Plaintiffs, plus costs of suit and such other relief as the Court deems just and appropriate. NEW MATTER 24. If a defect exists in the floor coverings or installation, then the defect is due to conditions of the premises beyond the control of the Defendant. 25. The Defendant did not install the flooring materials in the Plaintiffs' home. 00153184.1 26. The Plaintiffs have failed to mitigate their damages, if any. 27. The Plaintiffs' alleged damages are limited to the cost to repair the alleged defects. HARTMAN UNDERHILL & BRUBAKER LLP By: Rory O onnaughton Attorney I.D.# 78775 Attorneys for Defendant 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 00153184.1 6 11122/1999 16:23 _ 7172990316 CARPET MART F • • NOV-#-o9 IRI 17:37 IAR'l IVKMiAL? FM W IW I, Man Wife, hmby v%vW rt I am the PnMm atMok abus Caepet t Mat, Inc'" I aw aubodmd ti mob the vNifiew a and *A on iafornlatioa set hw6 it do ft" oft Att»mu vi ft Plow MMw is bra* ad m" r the boat or* kttmwlodp, infornsWeuq mi bdWL I mduz6md that my him sts- eats aoatdned P. ({4 la brooin armsubjM so ft poldtlm of I I H.CA 49M, WON 10 MIWOM WiGcatloa to e auttorkiea. hOCRANKORMCAWET MART, VC ' Datcd.__l? R ait4 P?eaident i i t t e0O7111d PROOF OF SERVICE I HEREBY CERTIFY that I am this day serving the foregoing Answer with New Matter upon the persons and in the manner indicated below. Service by First Class Mail, addressed as follows: Jeff Foreman, Esquire Nicholas & Foreman, P.C. 4409 North Front Street Harrisburg, PA 17110 HARTMAN UNDERHILL & BRUBAKER LLP Dated: / 1Z By: Rory . Connaughton Attorney I.D.# 78775 Attorneys for Defendant 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 00153184.1 W L ? J n C? of fi C7 N :?,- i l ?-L' O l (,U fi]p. LL 0 T cT 7 U A Berkley.COMPL E)m MARK BERKLEY and AMY BERKLEY, Plaintiffs VS. MECHANICSBURG CARPET MART, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA NO. gQ-Sr1.a.t/ : CIVIL ACTION-LAW : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, come the Plaintiffs, Mark Berkley and Amy Berkley, by their attorneys, NICHOLAS & FOREMAN, P.C. and respectfully present the following: Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 23, inclusive of Plaintiffs Complaint, as though they were fully set forth herein. 24. Denied. Plaintiffs specifically deny any defect in conditions of the premises that caused or contributed to any of the damages involved; Plaintiff further avers that there was no condition of the premises beyond the control of Defendant existing at or about the time of the incident involved. 25. Denied. By way of further information, Plaintiffs specifically aver ti,at Plaintiffs contracted with Defendant for installation of flooring materials in the Plaintiffs' home; and further that such installation was, in fact, done by Defendant or an employee or agent of Defendant, in such circumstances Defendant is responsible for any and all damages arising from the improper and inappropriate and negligent installation of such flooring materials. 26. Denied. Plaintiff specifically deny that they have failed to mitigate their damages, and further aver that they have taken all appropriate and reasonable steps to mitigate such damages. 27. The allegations of paragraph (27) Defendants New Matter are legal conclusions to which no response is necessary. To the extent an answer may be appropriate, the allegations are denied. Defendants aver, to the contrary, that they are entitled to costs for defective materials, defective or negligent installation, uncompleted work, overcharges beyond the agreed-to price for completion of said contract, and additional costs and interest. J6 WHEREFORE, judgment is demanded against Defendant Mechanicsburg Carpet Mart, Inc., in the amount of $3,762.65, plus court costs and interest, which amount does not exceed the arbitration jurisdictional limits set forth by the Rules of Court. Respectfully submitted, & FOREIy4N, P.C. By JEFF SQ 4409 nt Street Ham urg, A 17110 (717) 236-9391 ID #72657 Attorneys for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: l MA ERKLE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements hereir are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to thor'ties. Dated: 1hI A BE LEY `i MARK BERKLEY and AMY : IN THE COURT OF COMMON PLEAS OF BERKLEY, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs Vs. . NO. MECHANICSBURG CARPET : CIVIL ACTION - LAW MART, INC., : JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, JEFF FOREMAN, Esquire, attorney for Plaintiffs in the above captioned matter, certify as follows: I . On the 17`y day of December, 1999, I served a true and correct copy of the foregoing Plaintiff's Answer to the above captioned term and number by placing the same in the United States mail, first class, postage pre-paid, to Defendant's attorney of record, at the following location: Rory O. Connaughton, Esquire Hartman, Underhill & Brubaker, LLP 221 East Chestnut Street Lancaster, Pennsylvania, 17602-2782 Respectfully Submitted Je VS&I e „h1AN P .C OOA N. Fmm MAN, P.C 4409 N. Front Street Harrisburg, PA., 17110-1709 cr ' r: i . :. 1 1 a^?a W? 25- E n O ? LL 2 N ^ ? & S a A0 cc a p a Z a Y3 0.Q x y z¢