HomeMy WebLinkAbout99-06787
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171717
vs.
GARY FORSYTH and TIMOTHY YOFIE, I/d/b/a
ALLCRETE DESIGNS,
Defendants
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'?-CtJ 41 tSEKl.ANU ?l; C7CTI
NO. 99-6787 CIVIL
CIVIL ACTION - LAW
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 a» d 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.
COURT ADMINISTRATOR
FOURTH FLOOR
I COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
(717) 240-6200
NOTICIA
Le ban demandado a usted en la cone. Si listed quiere defendese de estas demandas espuestas en has
paginas siguintes, usted liene viente (20) dins de plazo al partir de la fecha de la demanda y la notificacion.
Usted debe presentar una apariencia a o en persona o por abogado y archivar en la cone en forma escrita sus
defcensas o sus objeciones a las detttandas en contra de so persona. Sea avisado que si listed no se defiende,
la cone tomara medidas y puede entrar una orden contra listed sin previo aviso o notificacion y por cualquier
queja o alivio que es pedido en In peticion de demanda. Usted puede perder dinero o sus preopedades o otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO 1N9MEDIATA\IENTE. SI NO TIENE ABOGADO
0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA L
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA10
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
COURT ADMINISTRATOR
FOURTII FLOOR
I COURTIIOUSE SQUARE
CARLISLE, PA 17013-3387
(717)240.6200
MICHAEL R GRETCHEN BARR,
Plaintiffs
vs.
GARY FORSYTH and TIMOTHY YOHE, t/d/b/a
ALLCRETE DESIGNS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMI3ERLAND COUNTY, PENNSYLVANIA
NO. 99-6787 CIVIL
CIVIL ACTION - LAW
COMPLAIN"f
Plaintiffs are Michael and Gretchen Barr, husband and wife, residing at 1031
Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025.
2. Defendants are Timothy Yohe and Gary Forsyth who were at all times material to
this cause of action principals, agents and/or owners of Allcrele Designs, a fictitious name, whose
business address is 2018 Berryhill Street, Dauphin County, Harrisburg, PA 17104.
I Sometime on or about April 17, 1997, Plaintiffs entered into a contract with
Defendants wherein the Defendants agreed to furnish material and labor for the installation of
decorative concrete at Plaintiff's home, a copy of said contract is attached hereto, incorporated
herein and marked Exhibit "A".
4. In consideration for the contract work, Plaintiffs agreed to pay Four Thousand One
Hundred and Twenty Dollars (54,120) and did pay to Defendants on the 17th of April, 1997 an
installment of One Thousand Six Hundred and Eighty Five Dollars (S 1,685) and a final payment of
Two Thousand Four Hundred and Thirty Five Dollars (S2,435) on June 19, 1997.
5. Within several weeks after completion of the work, cracks began to develop in the
concrete work.
6. By the winter of 1997/1998 major cracks developed in the work installed by the
Defendants.
Additionally, the concrete instal led by the Defendants began to fade, scale and chip.
8. Throughout 1997 and through much of 1998, the Defendants attempted to repair the
contract work but said attempts were completely unsuccessful.
9. Plaintiffs believe and therefore aver that the problems associated with the concrete
work were caused by among other things ground and stone beneath the concrete work were not
prepared properly, Filler concrete was used in the work, there was not proper rebar and mesh work
done with the concrete installation, the concrete work was not properly tied into and reinforced into
the pool deck, inferior concrete was used on the job, the concrete was not properly poured and
prepared.
10. The contract work installed by the Defendants cannot be properly repaired.
H. . The contract work will have to be removed and new work performed at the Plaintiffs
home which will cost in excess of Eight Thousand (58,000) Dollars.
COUN'r I
BREACH 017 CONTRACT
12. Paragraphs I through I I are incorporated herein by reference as ifset forth in their
entirety.
13. Defendants breached their contract with the Plaintiffs in that quality of the contract
work was not good and workman-like and the contract work was not installed in a good and work-
man-like manner Tree from all faults and defects.
14. Defendants breached their contract with the Plaintiffs in that they did not install the
contract work as specified in the contract.
WHEREFORE-, Plaintifls demand judgment against the Defendantsjointly and severally in
the amount of Four Thousand One 1-1undred Twenty (54,120) Dollars, Four Thousand Six Hundred
($4,600) Dollars to remove the concrete, plus interest and costs of this suit.
COUNT II
BREACH OF WARRANTY
15. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their
entirety.
16. Defendants warranted the contract work in, among other Articles, Article I and
Article 9.
17. Defendants breached their contractual warranty with the Defendants in that the work
was not of good quality and performed in a good and workman-like manner free from faults and
defects.
WHEREFORE, Plaintiffs demand judgment against the Defendantsjointly and severally in
the amount of Four Thousand One Hundred Twenty (54,120) Dollars, Four Thousand Six Hundred
($4,600) Dollars to remove the concrete, plus interest and costs of this suit.
COUNT Ill
NFGLIGFNCF
18. Paragraphs I through 17 are incorporated herein by reference as if set forth in their
entirety.
19. Defendants as set forth above negligently installed the contract work in a manner not
in accordance with acceptable standards and practices of' the industry and not as required by the
contract.
WHEREFORE, I laintiffsdemandjudgnunt against the Del'endantsjointly and severally in
the amount of Four Thousand One I-lundred'I\venty (54,120) Dollars, I'ourThousand Six Hundred
(54,600) Dollars to remove the concrete, plus interest and costs of this suit.
COUNT IV
VIOLATION OF PENNSYLVANIA FAIR 'TRADE PRACTICE" ACT
20. Paragraphs I through 19 are incorporated herein by reference as if set forth in their
entirety.
21. Defendants violated Pennsylvania Fair Trade Practice Act and Consumer Protection
Law, 73 P.S. 201-2 by fraudulently representing and misrepresenting that they would complete the
work in a workman-like manner.
22. Specifically, the Defendants knew that they did not properly prepare the site and did
not properly pour and install the concrete knowing that cracks would develop.
23. Additionally, they attempted twice to parge or add concrete filler in the defective
work and they also replaced a step in an attempt to repair the work and knew that this would not
properly repair the work and bring the work into compliance with contract specifications.
25. Defendants installed the concrete in a negligent manner and not in accordance with
acceptable standards in the trade and industry.
WHEREFORE, Plaintiffs demandjudgment against the Del'endantsjointlyand severally in
the amount of Four Thousand One Hundred Twenty (54,120) Dollars, Four Thousand Six Hundred
($4,600) Dollars to remove the concrete, plus trouble damages, reasonable attorneys' fees, interest
and costs ol'this suit.
Respectrully submitted,
L. RE CKLGY
12].South Street
Harrisburg, PA 17101
(717) 234-0577
(717) 234-7832 FAX
-r ?ALLCRETE DESIGNS
2200 CHESTNUT ST.
HARRISBURG, PA 17104
238-2500
AGREEMENT
THIS AGREEMENT made this _15th,_day of _April 109 7 _, between
ALLCRETE DESIGNS (hereinafter referred to as "CONTRACTORS") AND Michael and Gretchen
Barr,(hereinafter referred to as "OWNERS").
WITNESSETH:
That in consideration of the mutual covenants and agreements herein contained, the parties
hereto agree to the following terms and conditions:
ARTICLE 1
THE CONTRACT DOCUMENTS
1.1 The Contract Documents consist of this Agreement, the Drawings, the Specifications, all
Addenda issued prior to and all Modifications issued after execution of
this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to the
Agreement or repeated herein.
1.2 Contract Work. The Contractor agrees to furnish all the material and labor necessary for
the installation of decorative concrete (hereinafter referred to as "flatwork") upon the property of Owners,
which property is located and situate at 1031 Dogwood Lane, Enola, PA 17025. The said work shall be
performed in accordance with certain plans and specifications known and identified as per conversations
with owners.
ARTICLE 2
CONTRACT PRICE
2.1 Owners shall pay to the contractor the sum of (see addendum)
dollars and 00/100 ($) in strict accordance with Article 3 herein below, and subject to additions and/or
deductions by change order as provided in Article 8 of this Contract.
ARTICLE 3
PAYMENTS
3.1 Owner agrees to make payment of the contract sum to contractor in the following
manner:
Upon execution of this contract, fifty percent (50%) of the contract price as a downpayment. The
balance of the contract sum shall be paid (together with balance due from change orders
executed, if any) upon completion of all work pursuant to the provisions of Article 4.
3.2 Payments due and unpaid under the Contract Documents shall bear interest from the
date payment is due at the rate one and twenty-five hundredths (1.25%) percent per month.
ARTICLE 4
FINAL PAYMENT
4.1 Final payment constituting the unpaid balance of the Contract Price as adjusted by
Change orders shall be due and payable upon completion.
EXHIBIT "A„
ARTICLE 5
CHANGES
5.1 The work to be performed under this Contract shall be completed on or before 60 days
rem contract approval.
ARTICLE 6
INFORMATION AND SERVICES REQUIRED OF THE OWNERS
6.1 It shall be the responsibility of the Owners to properly indicate upon the site where and
h marks,
the flalwork shall be situated, giving elevations, bencand other data necessary for this
purpose. If Owners fail to so locate the tlalvrork prior to time Contractor commences work. then the
of owners
situate the flalwork in such a position as he deems advisable with the approval
Contractor may
and shall in no way be responsible for improper location or elevation or for any consequential results
whatsoever.
ide adequate water and utility services as may be required.
6,2 Owners agree to prov
ARTICLE 7
OBLIGATIONS OF CONTRACTOR
7.1 Contractor will provide all construction, supervision, inspection, labor, materials, tools,
equipment, and subcontracted items necessary for the execution and completion of the contract work.
Contractor represents that it has the knowledge and skill to perform its duties under this contract
properly, promptly and efficiently.
7.2 Contractor will pay all sales, use, gross receipts and similar tax related to the contract
work to be provided by the Contractor, which taxes have been legally enacted at the time of execution of
this Agreement.
7.3 The Contractor warrants to the Owners that all materials and equipment incorporated
into the contract work will be new unless otherwise specified, and that all contract work will be of good
and workmanlike quality, in conformance with the contract documents.
7,4 Contractor shall be responsible for the acts and omissions of its employees and all
her
all o
and
and
their ag
Contractor
subcontra tors en
rform any of theework or supply ng any of the materials entsnder this emplotryeesct on behalf oftor with the Cont actor g
ARTICLE 8
CHANGES
8.1 The contractor is under no obligation to make any changes, additions, or alterations in
the work provided in the contract documents. Upon reasonable request of the Owners, Contractor may
make changes, additions, or alterations, but the Contractor shall not be required to do so until the parties
have executed a written change order, which will become part this contract, and the Owners have the
cost of
the work is agreed to pay the Contractor for changes in the work on the same basis any changes, additions, or alterations in
in this contract. The Owners agree to make requests concerning any
the work to the Contractor and not to the workers, including subcontractors on the job.
8,2 It is hereby understood and agreed that when the owner is responsible for the final
changes t
or makes
on of size of j
square footagact e as computed by measuring shapehor usingsconcreize of e olumercawill be lculator sI'de b jeefor
at alter ttotalrminati
dete owner will be billed at the prior agreed square footage cost for entire job.
ARTICLE 9
LIMITED WARRANTY
9.1 The Contractor agrees to perform the work in accordance with the plans and
specifications. All work shall be of good quality and shall be performed in a good and workmanlike
manner, and shall be free from faults and defects, excepting allowable faults and defects set forth herein
below. All work shall be performed in accordance with all applicable provisions of the building codes and
ordinances of any governmental authority having jurisdiction over the work or real estate. In the absence
of governmental authority over the work or real estate, then all work shall be performed in accordance
with the local building standards. All materials and installations incorporated into the work shall be new,
unless otherwise specified, and shall be of good quality. The imprinted concrete process is intended to
achieve a rustic effect. Some variations in finish texture, shading, stamping depth along with other
irregularities are likely to occur and are part of the individuality of the installation. These variations will
not alter Owner's or Contractor's obligations hereunder. The Contractor agrees to: (1) repair any cracks
exceeding 3/16 inch in width and 1/4 inch in vertical displacement, excepting cracks at expansion and
control joint locations which may not exceed 3/4 inch in width and 3/8 inch in vertical displacement and
excepting any cracks caused by settlement of the sub-base due to expansion and contraction if the sub-
base is not installed by Contractor; and (2) repair any scaling or color fading for a period of one year.
The Contractor shall not be responsible after this period. The Contractor shall not be responsible for
scaling or color fading if Owners apply salt or other agents harmful to concrete surfaces. The Contractor
shall not be responsible for Owners' negligence. The Contractor agrees to assist in securing fulfillment of
warranties provided by the manufacturer on the materials supplied by the Contractor, in the event
defects occur within the above warranty period, then the Contractor agrees to repair within thirty (30)
days of notice, weather permitting. The Contractor's obligation to effect repairs, as described above in
this Paragraph, is the only guarantee or warranty provided by The Contractor to Owners with respect to
the work. The Contractor makes no further warranties nor representations as the condition or quality of
the work, or any component of the work. ALL OTHER WARRANTIES AND REPRESENTATIONS AS
TO THE CONDITION OR QUALITY OF THE WORK, AND ALL PARTS, COMPONENTS AND
ASPECTS THEREOF, BOTH EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS AND OF FITNESS FOR A
PARTICULAR PURPOSE AND OF CONDITION AND HABITABILITY ARE HEREBY WAIVED AND
DISCLAIMED, AND SHALL BE OF NO FORCE OR EFFECT WHATSOEVER.
ARTICLE 10
INSURANCE
10.1 Indemnity. The Contractor agrees to indemnify and hold the Owners harmless from all
claims for bodily injury and property damage (other than the work itself and other property insured under
paragraph 14.2) that may arise from the Contractor's operations under this Agreement.
10.2 Insurance. The Contractor shall provide for itself and maintain at its own cost and
expense until the completion of the work the following forms of insurance: workmen's compensation
insurance in accordance with the laws of the State of Pennsylvania, public liability insurance with limits
of liability in the sum of $100,000.00 for injury to any one person and $100, 000.00 for any one accident,
and property damage liability in the sum of $100,000.00.
ARTICLE 11
DELAYS AND EXTENSIONS OF TIME
11.1 If the Contractor is delayed at any time in the progress of the construction work by any
act, failure or neglect of the Owners or by changes ordered in the Project or by labor disputes, fire,
unusual delay in transportation, adverse weather conditions not reasonably anlicipalable, unavoidable
casualties, or any causes beyond the Contractor's control, or a delay authorized by the Owners.
Contractor shall notify the Owners in writing within fifteen (15) days of the occurrence and then the date
for Completion shall be extended for the period of such delay.
3
,i.-19'
ARTICLE 12
RIGHT OF INGRESS AND REGRESS
12.1 It is a covenant of the contract that the Owners do hefeb'J grant and convey to the
Contractor, its successors and assigns, full and complete rights of ingress, regress, and such occupancy
or possession of the premises hereinbefore described as shall be reasonably required by the Contractor fusal notice from e Contractor, is la default,, bydlheOwners where p otn the fulllamount of thetcontrractfprice shall Contctor is become iminediutely due and payable.
ARTICLE 13
DEFAULT
13.1 Default By Owners. It the owners shall default hereunder prior the egg ningthi
work, Contractor shall retain the money paid by Owners as liquidated damages; and
construction f
thereupon terminate. a the Owners fail to make a Progress
seven days' Contractor Contract shall written notice
herein provided through no fault of the contractor. the Contractor may, p
to the Owners, terminate t sustained upon tanand g recover from uqu pmOentn tools, and construction equipment and materials, for any
proven
machinery, including reasonable profit and damages.
13.2 The remedies herein provided shall be in addition to and not in substitution for the rights
the h Cont actor,land the failure to
and remedies wh would otherwise, all of which rights and otherwise remedi vested are r specially reserved under
exercise the remedies hereby provided shall not preclude the resort to any appropriate remedy, nor shall esort to an o ecial
he subsequent
conc r
vided
es hereb
remed
the use of the emedy wh ch by l w w uld rbe ve ted inothe Contr ctortfor the recovery of damragesr, m Heys duesthor
otherwise, in the event of a breach of any of the convenants, by the Owners.
ARTICLE 14
OWNERSHIP OF MATERIALS
14.1 It is mutually agreed that all materials delivered upon the said premises shall be
regarded as the property of the Contractor until paid for by the owners, and shall not be removed without
consent of the Contractor.
ARTICLE 15
POSSESSION
15.1 Prior to the final payment, it shall be the duty of the Owners or their agent to inspect the
flatwork in the presence of the Contractor or the Contractors representative and to give the Contractor at
that time a signed punch list of any deficiencies in workmanship or materials.
ARTICLE 16
GENERAL PROVISIONS
16.1 All rights and liabilities herein given to, or imposed upon, the respective parties hereto
administrators,
executors shall exted to and te several and heirs,
assigns of said parties; nn dif there be morerthan Owners. they shall all be bound jointly and severally by
the terms, covenants and agreements herein.
16.2 The Contract constitutes the entire agreement of the parties, and it may not be changed
except by written agreement duly executed by the same parties. rom on of
orrl sf re sed, it will haveono visieffect
16.3 Se any irovision is determined to' contract is
this Contract, and if if any p
on the enforceability or validity of any other provision.
16.4 The applicable law governing this agreement will he the law of the jurisdiction where the
property is located.
16.5 This agreement may not be assigned without the written consent of the Contractor which
shall not unreasonably be withhold.
16.6 Written notice shall be deemed to have been duly served if delivered in person to the
Owners or, to the Contractor, or if delivered at or sent by registered or certified mail to the last business
address known to the party who provided the notice.
16.7 Wherever used in this Agreement, the singular shall include the plural, the plural the
singular and the use of any gender shall be applicable to all genders.
This Agreement and all its terms and conditions shall mttend to and be binding upon the parties
hereto and upon their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties, intending to be legally bound hereby, have hereunto set
their hands and seals the day and year first above written.
ATTEST: CONTRACTOR;
WITNESS:
r
OWNERS:
nV-(200.,
ADDENDUM TO AGREEMENT
April 15, 1997
Submitted to:
Michael and Gretchen Barr
1031 Dogwood Lane
Enola, PA 17025
732-0143 (h) 766-2533 (w)
Specifications of job:
Installation of stamped concrete design pool deck.
(approx. 337 sq. ft.)
Estimate $3,370.00
Drain box Estimate $200.00 to $400.00
Stain existing pool deck area.
(approx. 300 sq. ft.)
Estimate $600.00
Owner to remove existing deck.
i Color and pattern to be determined by owner.
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1031 Dogl^,'ood
Enola, PP, 17025
732-094 3?1aj 76 v;j
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Spcciiicatioi;s of job:
111SF.1:dd'JII UI JI(il::,l?..: ".n ?.: 1. a. ... ? :. .. ..... ??.. !,i'4? ? •' .?
(approx. 337 sq.1'.) n'? tl J` r'?'
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+...(200.00 to $41L
'Drain 5ox1 e
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(apN(Ux. 300 sn
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VERIFICATION
We, Michael and Gretchen Barr, verity that the statements made in the foregoing
Complaint are true and correct to the best of our information, knowledge and belief. We
understand that false statements made herein are made subject to Pa.C.S.A.§4904 relating
to unsworn falsification to authorities.
Date: C1
Michael Barr
Date:
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Gretchen Barr
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MICHAEL AND GRETCHEN
BARR,
Plaintiffs
V.
GARY FORSYTH and TIMOTHY
YOHE, t/d/b/a ALLCRETE
DESIGNS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
o G"7
NO. 99 - 689-7- (CIVIL)
CIVIL ACTION - LAW
TO: Plaintiffs
YOU ARE HEREBY NOTIFIED TO PLEAD
TO THE ENCLOSED NEW MATTER WITHIN
TWENTY (20) DAYS FROM THE DATE OF
SERVICE HEREOF OR A DEFAULT
JUDGMENT MAY BE ENTERED AGAINST
YOU.
;ATTORNEY/FOR DEFENDANTS
ANSWER WITH NEW MATTER
AND NOW, comes the Defendants, Gary Forsyth and Timothy
Yohe, t/d/b/a Allcrete Designs, by and through their counsel,
Cunningham & Chernicoff, P.C. who files this Answer together
with New Matter and in support thereof aver the following:
1. Admitted.
r'i
2. Admitted.
3. Admitted.
4. The averments of Paragraph 4 are admitted. By way
of further pleading, however, the payments made by the
Plaintiffs were not made in accordance with the terms and
conditions of the contract.
5. The averments of Paragraph 5 are denied. To the
contrary, a crack did not develop in the concrete work. By
way of further pleading, a portion of a concrete riser which
abutted to the apron of an existing pool deck began to
separate.
6. The averments of Paragraph 6 are denied as set forth
in the Complaint. To the contrary, major cracks did not
develop in the work during the winter of 1997 and 1998. By
way of further pleading, a riser attached to a pool deck began
to separate from the pool deck due to the construction of the
pool deck.
7. The averments of Paragraph 7 are denied as stated.
To the contrary, the sealer used by the Defendants placed over
the concrete began to fade, scale and chip in certain limited
areas. By way of further pleading, it is denied that the
concrete installed by the Defendants faded, scaled or chipped
or in any way lost its integral strength.
8. The averments of Paragraph 8 are partially admitted
and partially denied. It is admitted that throughout 1998
Defendants did attempt to repair the area where the new
concrete work abutted to the existing pool deck which was
supported by steel arms designed to allow the pool deck to
rise and fall according to climatic conditions. Defendants
did suggest that a wood joint be placed between the new
concrete work and the pool deck, but said suggestion was
rejected by the Plaintiffs. To the contrary, nowevcr,
Defendants were successful in repairing the sealer which had
been placed over the concrete which caused the concrete to
appear to fade, scale and chip.
3
9. The averments of Paragraph 9 are denied. To the
contrary, the problems associated with the pool deck area were
related to the manner in which the pool deck was constructed.
The pool deck is supported by a number of steel arm supports
which are designed in such a way to allow the pool deck to
rise, fall and otherwise shift positions in response to
climatic and temperature conditions. There is no effective
way to tie into and reinforce the pool deck without causing
the pool deck itself to crack due to its design. It is
specifically denied that inferior concrete was used on the job
or that the concrete was not properly poured and prepared.
Finally, it is specifically denied that any of the problems
set forth in the Complaint were caused by the improper
preparation of stone work beneath the concrete work; that
there was not proper rebar and mesh work integrated with the
concrete installation; or that filler concrete was used in the
work.
10. The averment of Paragraph 10 represents a conclusion
of fact to which a response is not required. If it is later
judicially determined that a response should have been filed,
the averments are specifically denied.
4
11. The averment of Paragraph 11 represents a conclusion
of fact to which a response is not required. If it is later
judicially determined that a response should have been filed,
the averments are specifically denied.
COUNT I - BREACH OF CONTRACT
12. The averments of Paragraphs 1 through 11 of the
Answer are incorporated herein by reference as if more fully
set forth herein.
13. The averment of Paragraph 13 represents a conclusion
of law or fact- to which a response is not required. If it is
later judicially determined that a response should have been
filed, the averments are specifically denied.
14. The averment of Paragraph 14 represents a conclusion
of law or fact to which a response is not required. If it is
later judicially determined that a response should have been
filed, the averments are specifically denied.
5
COUNT II - BREACH OF WARRANTY
15. The averments of Paragraphs 1 through 14 of the
Answer are incorporated herein by reference as if more fully
set forth herein.
16. The averments of Paragraph 16 are partially admitted
and partially denied. The work warranted by the contract is
specifically set forth in Article 9 of the contract and at no
other place. It is denied that any warranties were contained
in, or were verbally represented, to be contained in to
Article 1 of the contract.
17. The averment of Paragraph 17 represents a conclusion
of law or fact to which a response is not required. If it is
later judicially determined that a response should have been
filed, the averments are specifically denied.
6
COUNT III - NEGLIGENCE
18. The averments of Paragraphs 1 through 17 of the
Answer are incorporated herein by reference as if more fully
set forth herein.
19. The averment of Paragraph 19 represents a conclusion
of law or fact to which a response is not required. If it is
later judicially determined that a response should have been
filed, the averments are specifically denied.
COUNT IV - VIOLATION OF PENNSYLVANIA
FAIR TRADE PRACTICE ACT
20. The averments of Paragraphs 1 through 19 of the
Answer are incorporated herein by reference as if more fully
set forth herein.
21. The averment of Paragraph 21 represents a conclusion
of law or fact to which a response is not required. If it is
later judicially determined that a response should have been
filed, the averments are specifically denied.
7
22. The averments of Paragraph 22 are denied. To the
contrary, the Defendants prepared the site and poured the
concrete in a good and workmanlike manner. The Defendants'
responsibility to address and repair cracks is as set forth in
Article 9 of the contract, which Article controls the
Defendants' responsibility to the Plaintiffs.
23. The averments of Paragraph 23 are partially admitted
and partially denied. It is admitted that the Defendants, on
two (2) occasions, attempted to address the problems related
to the pool deck area. Defendants suggested a potential
manner in which to address the problem which would involve the
placement of a wood buffer between the pool and a concrete
riser in order to allow the pool deck to expand and contract
as designed. This potential repair was refused by the
Plaintiffs. Further investigation of the manner in which the
pool deck was constructed limited the Defendants' ability to
tie the riser which meets the pool deck to the pool deck
itself without destroying the integrity of the pool deck. The
step and the riser are both integrally involved with the pool
deck and made such repairs in an attempt to satisfy the
Plaintiffs' demands for an aesthetic appearance without the
8
placement of a joint buffer such as wood along the edge of the
pool deck.
24. The averments of Paragraph 24 are partially admitted
and partially denied. It is admitted that Defendant attempted
various corrections to eliminate the problem at the area where
the visor meets the pool deck. To the contrary, it is denied
the work is defective as set- forth.
25. The averment of Paragraph 25 represents a conclusion
of law or fact to which a response is not required. If it is
later judicially determined that a response should have been
filed, the averments are specifically denied.
NEW MATTER
26. The averments of Paragraphs 1 through 25 of the
Answer are incorporated herein by reference as is more fully
set forth herein.
9
27. The obligation of the Defendants as concerns the
work performed for the Plaintiffs is controlled by Article 9
of the contract.
28. Prior to installation of the concrete patio,
Defendants were faced with an existing pool deck which was
located at a level higher than the existing ground conditions.
29. Examination of the structures supporting the pool
deck were not observable at the time that the work was bid and
a contract entered into for the installation of the concrete
patio.
30. The initial patio installation included the creation
of a concrete riser designed to meet the underside of the then
existing elevation of the pool deck.
31. over the Winter of 1997 and the Spring of 1998, the
pool deck moved in such a fashion as to separate itself from
the newly constructed riser.
32. An investigation of the construction of the pool
deck revealed that concrete slabs of the pool deck were
10
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}
f
suppcrted by the super structure of the pool itself through a
series of connecting steel arms. The concrete slabs attached
to the super structure of the pool are designed in such a way
as to move with changes in climate and temperature so as not
to cause cracking of the pool deck.
33. The super structure of the pool is designed in such
a manner that it would be impossible to tie into the pool
super structure with rebar or mesh without destroying the
integrity of the ability of the pool deck to expand and
contract with changing climate and temperature.
34. Defendants, after investigating the super structure
of the pool, reported the condition to the Plaintiffs and
suggested the installation of a wood beam between the lift of
the deck pool and the riser to operate as an expansion joint.
This option was refused by the Plaintiffs. If the wood beam
was used as a control joint location, the cracks between the
lip of the concrete pool deck and the riser would not exceed
those provided under the limited warranty set forth in Article
9 of the contract.
11
:J
35. Plaintiffs have, by their refusal to make necessary
modifications due to existing circumstances which they
created, frustrated the installation of the patio and related
concrete work.
36. Defendants have performed all work required of them
pursuant to Article 9 of the contract.
WHEREFORE, Defendants demand judgment in favor of the
Defendants and against the Plaintiffs together with costs.
Respectfully submitted,
CUNNINGHAM &,CHERN
,?COFF, P.C.
Date:
By::
J kdan D. Cunningham, Esquire
I.D. #23144
2320 North Second Street
P. 0. Bor. 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Defendants)
b]\doce\ane•.c rn\allcrecc
12
VERIFICATION
I, TIMOTHY L. YOHE, verify that the statements made in
the foregoing ANSWER TO COMPLAINT TOGETHER WITH NEW MATTER are
true and correct 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.A. §4904, relating to
unsworn falsification to authorities.
6X 4/e/
TIM THY YOb
Date: /' 13' IIxI
MICHAEL AND GRETCH IN THE COURT OF COMMON PLEAS
BARR, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 99 - 6887 (CIVIL)
V.
GARY FORSYTH and TIMOTHY
YORE, t/d/b/a ALLCRETE
DESIGNS,
Defendants CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy
of the Answer with New Matter in the above captioned matter,
by placing the same in the United States mail, first-class,
certified mail, return receipt requested, postage prepaid, in
Harrisburg, Pennsylvania, on December 30, 1999 addressed to.
L. Rex Bickely, Esquire
121 South Street
Harrisburg, PA 17101
(Attorneys for Plaintiffs)
Respec?ly submitted,
COFF, P.C.
Date: By=
dan D Cunningham, Esquire
D. # 144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Defendants)
AELi~l?T1B'?` Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
6ryP7
NO. 99-&WICIVIL)
V.
GARY FORSYTH and TIMOTHY YOHE, ?S
6I;
t/d/b/a ALLCRETE DESIGNS, CIVIL ACTION - LAW Iz
Defendants
ANSWER TO NEW MATTER
26• Paragraph 26 does not require a response.
27• The averment contained in Paragraph 27 is a conclusion of law to which no response
is necessary. By way of further Answer, the defects in the work performed by the Defendants were
substantial and not controlled by Article 9 of the contract and its legal purview. Additionally, by
way of further Answer to the averment contained in Paragraph 27, Defendants attempted
unsuccessfully to repair the defects in their work.
28• Admitted. By way of further answer, prior to the discussion of the work to be done
and prior to execution of the Agreement, Defendants indicated to Plaintiffs that the difference in
levels would not create a problem and that the Defendants could perform their work by, among other
things, pouring concrete under the pool deck to reinforce the pool deck and to form the riser of the
step.
29• Denied. The steel beams from the pool deck were clearly visible to the Defendants
during their initial examination of the work area, during work discussions and prior to the execution
of the Agreement. In fact, in order to perform the work, Defendants bought a specific tool for the
Plaintiffs' job and brought that tool to the Plaintiffs' home to push the concrete under the pool deck.
After this portion of the work had been completed, Defendants indicated to Plaintiffs that the
concrete was fine.
30. Admitted. By way of further answer, Defendants knew they would have to produce
the riser and they also staled to the Plaintiffs that the riser would work.
31. Admitted in part and denied in part. The work performed by the Defendants started
to crack in the summer of 1997. The major damage occurred in the fall and winter of 1997 through
the spring of 1998. Defendants knew or should have known that the concrete from the pool deck
would move by virtue of temperature and climate changes and should have advised Plaintiffs and
incorporated this fact into the work they performed.
32. Admitted in part and denied in part. The averment in Paragraph 32 is denied to the
extent that the averment implies that the pool was improperly constructed. Plaintiffs relied on the
expertise of Defendants in evaluating what work would have to be performed and recommending
work to the Plaintiffs. Defendants stated and represented to the Plaintiffs that their work would
function properly and would be constructed in a workman-like manner.
33. Admitted in part and denied in part. Plaintiffs relied on the expertise of the
Defendants to observe the pool, evaluate what work could be done and recommend work to be
performed to the Plaintiffs. The manner in which the work was completed and whether that work
was workable in this situation was entirely within the professional purview of Defendants. Had the
Defendants determined that their work would not be suitable in this given situation and had they
informed the Plaintiffs, the Plaintiffs simply wouldn't have executed the contract and had the work
done.
34. Denied. The condition referred to in the first part ol'Paragraph 34 was reported to
the Plaintiffs after the step began cracking. By way of further Answer, the recommendation
contained in Paragraph 34 was not made to the Plaintiffs until the Plaintiffs insisted that Defendants
return and repair the work sometime in November of 1998. At no time did the Defendants indicate
to Plaintiffs that the concrete step would not function as represented.
35. The averment contained in Paragraph 35 contains a conclusion of law to which no
response is necessary. By way of further answer, Defendants never indicated to the Plaintiffs of the
necessity of modifications until November of 1998, a year and a half after the job had been
completed and well after they had received money for the work performed. Plaintiffs continually
requested that the Defendants properly complete thejob and repair the defects which are the subject
of this Complaint.
36. The averment contained in Paragraph 36 is a conclusion of law to which no response
is necessary.
Respectfully submitted,
L. Rex. Bicklej-,?-
121 SSt.
Harrisburg, PA 17101
(717) 234-0577
(717) 234-7832
Attomey for PlaintitTs
Vf:RIPICn'I'ION
We, Michael and Gretchen Barr, verify that the statements made in the fbregoing
Answer to New Matter are true and correct to the best of my inlbrmation, knowledge and
belief. I understand that talse statements made herein are made sub'ject to Pa.C.S.A.§4904
relating to unsworn falsification to authorities.
Date:
Date: Michael Barr
J?
.Gretchen Barr
CERTIFICATE OF SERVICE
uire, hereby certity that on this 21st day of.ianuary, 2000, 1 served a
regoing Answer to New Matter on the f ollocving by depositing a copy
postage prepaid, first class postage as follows:
Jordan D. Cunningham, Esq.
2320 N. Second St.
PO Box 60457
Harrisburg, PA 1 7 1 06-045 7
Attorneys for Defendants
v
L. Rex Bickley, sq.
Attorney ibr Plaintiffs
c
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P1ICIIACL & GRETCIIEN BARR, IN THE COURT OF COMMON PLEAS OF
Plaint if Is CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6787 CNIL
GARY FORSY'I•II and •L'1N0'flll' YOIIE, t/d/b/a
ALLCRCTIi DIiS1GNS, '
Defendants C11'iL ACTLON - LAID
RULE 1312.1. The Petition forAppointmenl of Arbitrators shell be substantially in the following fowl
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
T Rex Birk 1 ey. I>sn, i r , counsel for the piaintifU4ftfd M6 E.jn the above action (or actions),
respectfully represents that:
1. The above-captioned action (edit m is j*a) at issue.
2. The claim of the plaintiff in the action is S9.000.00
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(g) as counsel or are otherwise disqualified to sit as arbitrators:
Jordan Cunningham, Esq., 2320 N. 2nd St., llarrisbur-2. PA 17110
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
Respectfully subrniued,
ORDER OF COURT
AND NOW, ' /.")AC " a '49-, in z /
foregoing petition, v t . ?fl t ?'/'/ Esq., ?l t c tO!%7 ?Ut?i??(? it ?i6
,9 / .
Esq., and ?" Esq., nre appointed arbitrators in the above captioned action (or
actions) as prayed for
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COMNIONWEALTH OF PENNSYLVANIA
COURT Of CONINION /'LEAS
CUMBERLAND COUNTY
JUDICIAL DISTRICT
_ PENNSYLVANIA
NOTICE OF APPEAL
; "(1',1
DISTRICT JUSTICE JUDGMENT
COMMON I'LLAS Nrr,
97 4 J??_.L?r 1
NOTICE OF APPEAL
Nnice is rliven Ihnl the appellant has filed nr the alrovt• Cuwt of Common Iaoes au r;qr•:.r'. hum the pulgin,:ni rendered by Ill-! District Justice
on the dale and rn the arse mentioned betuw.
Allcrete Designs, Gary Forsyth, and Robert V. Manlove, D.J.
-.r-Tim.-Yoh
e--- ------ - -- N09=1- ao.
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2018 Berrr ^c'?Y'nP hill Stre_et,_ fiarrisbur-g.,_.-PA_.1710.9.
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«1 99
C "N
cuts nnn0291-Q9
_ LT 19 _
This Klock will be signed ONLY crh••n this notation is re;;uirBf • adr. rP,ia
R.C.P.J.P. No. 10088.
This Notice of Appeal, when n•er.ve(l bV Ih•: Diarrct hrsnce, :."k upa•I air 119
a SUPERSEDEAS to the pulgnlcnt for pussessnm ill
Ih?s c?asc.
:i•yn.uure or Pro!lronol...; , . !b •r rry-----
P.C.
-D unni-ngham,-Esgtri-re -
/ appellant was Clainwrit (see Pa, R.C.P.J.P.
No, 1001!61 in ;/ration hefore District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after hGny his NOTICE of APPEAL.
--------------
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to hr. used ONLY when appelfanr was DEFENDANT Isae Pa. P,.C.P.JP. No. 100117) ire artinn before District Justice.
IF NOT USED, detach from copy of notice of appeal to he served upon appeliea).
PRAECIPE: To Prothonotary
Enter rule uponn -Ghaej appellec(sl, Io file, a complaint in this appeal
Ndnrc• o .lPni•I/ce•hl
(Common Plats No. _%?_6O?y __ 1 sunhnr twenty i:0) days Ater scr r c of .. c or ., ntry of jud9men[ of non pros.
u.r • C :a I & CHERNICOFF, PC.
et.nd 6-e-O-el, &r/ f dfua• of"'pellanf or lu wfornev or agenr
RULE: To- Michael Barr, e•t=?1._ hnelk,elsl Jord D. Cunningham, Esq
fJarnc al aNPclrcc/si
(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. /
1 !i
Date: 5'liy/ ilia , 19?y
a% S,rnarureofProthonolaryor DeKty
Wnile---- Prolnonotafy Copy
Gteen --. Court Fife Copy
Yellow--- AppellantS Copy
Pink ----- Appellee Copy
Gold ------ D. J Copy
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COMMONWEAL I OF PENNSYLVANIA
COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF.
NAMEaM ADDRESS
09-1-02 'BARR, MICHAEL, ET AL.
D1 Nam.r: 1031 DOGWOOD IN
ROBERT V. MANLOVE ENOLA, PA 17025
'?'"" 1901 STATE STREET
CAMP HILL, PA I- J
DEFENDANT. VS.
NAMEss
Towpn, (717) 761-0583 17011-0000 FALLCRETE DESIGN
SE,""ET"AL-
1
2018 BERRY HILL ST
HARRISBURG, PA 17104
ALLCRETE DESIGNS L J
2018 BERRY HILL ST DocketNo.: CV-0000291-99
HARRISBURG, PA 17104 Date Filed: 8/25/99
Pet AN,
THIS IS TO NOTIFY YOU THAT:
Judgment: ?QI?pLATNmrgp
Judgment was entered for: (Name) RARR, MTr HAFr Fm AT,
Judgment was entered against: (Name) Ar,T (-gFTF nRs1GNS
in the amount of $ 4,107 r ;n on: (Date of Judgment) i n/7 S X99
Defendants are jointly and severally liable. (Date 8 Time)
El Damages will be assessed on:
gment $ 4,000.0
(
El This case di
i Judgmen[Costs
ts $ 107.5
0
sm
ssed without prejudice. gment $ .
F $ . 00
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $ 4,107.50
Credits $
Levy is stayed for days or generally stayed.
Post Judgment Costs
$
Objection to levy has been filed and hearing will be held: Certified Judgment Total $
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 J DGMEN]?RANSCRIPT FORM WITH Y JU TICE OF APPEAL.
C l/
Date C"J;t RQi. w!
% Dist ridk Justice
rctily at this is a true any} c0'rreet-oopy o( the record of lie p 6ceedings containing the judgment.
f.
Date
District Justice
My commission expires first Monday of January, 2000 SEAL
AOPC 315.99
COMMONWEALTH OF PENNSYLVANIA
rni itirv nG• CUMBERLAND
09-1-02
ROBERT V. MANLOVE
'?"'°"• 1901 STATE STREET
CAMP HILL, PA
tow,,,, (717) 761-0583 17011-0000
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINtfl CIVIL CASE
oa:v ,,.?i;,U6ES5
rBARR, MICHAEL, ET AL.
1031 DOGWOOD LN
ENOLA, PA 17025
L J
VS.
DELNDANT: ,..:e.,•,naon, es
FALLCRETE DESIGNS, ET AL.
2018 BERRY HILL ST
HARRISBURG, PA 17104
ALLCRETE DESIGNS L J
2018 BERRY HILL ST DocketNo.: CV-0000291-99
HARRISBURG, PA 17104 Date Filed: 8/25/99
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
R Judgment was entered for: (Name) RARR, MTC.HAF.L, Fm AT..
R Judgment was entered against: (Name) -FORSYTH,_GARY
in the amount of $ n , 10-7 5p_ On: (Date of Judgment) _10/-2.S/-,U____
Defendants are jointly and severally liable. (Date & Time)
Damages will be assessed on:
This case dismissed without prejudice.
? Amount of Judgment Subject to
AttachmenVAct 5 of 1996
$
Levy is stayed for days or E] generally stayed.
Objection to levy has been filed and hearing will be field:
Amount of Judgment $ -A,-9-0-0--0 0
Judgment Costs $ 107.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 4,107.50
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 OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRJINSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
a
Date /r':•:. ?"?-.=s:?_ v?? Justice
I certify that this is a true arld•correct copy of t_he record f the proceedings con
.-_Li
Dale tI5;NT7g•t enL
District Justice
My commission expires first Monday of January. 2000 SEAL
AOPC 31599
COMMONWEALTH OF PENNSYLVANIA
Cnl INTY Or-• CUMBERLAND
4.q Dai rro -- -
09-1-02
UJ rmmu m'
ROBERT V. MANLOVE
1901 STATE STREET
CAMP HILL, PA
re:.poAO (717) 761-0583 17011-0000
NOTICE OF IVIL CASE /TRANSCRIPT
PLAINTIFF NAW a14 ADDnESS
FBARR, MICHAEL, ET AL.
1031 DOGWOOD LN
ENOLA, PA 17025
L J
VS.
DEFENDANT: NAMC and ADOFILSS
fALLCRETE DESIGNS, ET AL. 1
2018 BERRY HILL ST
HARRISBURG, PA 17104
ALLCRETE DESIGNS L J
2018 BERRY HILL ST DocketNo.: CV-0000291-99
HARRISBURG, PA 17104 Date Filed: 8/25/99
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PI-ATNTT
FRI Judgment was entered for: (Name) BARR, MTCAAF.L, ET AT.
7 Judgment was entered against: (Name) -YORE, TIM
in the amount of S n 'I D7 50_ on: (Date of Judgment) i n/9S/qq
Defendants are jointly and severally liable. (Date 8 Time)
0 Damages will be assessed on:
1-1 This case dismissed without prejudice.
? Amount of Judgment Subject to
Attachment/Act 5 of 1996 $-
1-1 Levy is stayed for days or ? generally stayed.
0 Objection to levy has been filed and hearing will be held:
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits $
Post Judgment Costs $
------------
Certified Judgment Total S
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 PROTHONOTARYXLERK OF THE COU 7 OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE.A COPY OE.3'HIS NOTICE OF JUDGME•I,?T ANSCRIPT FORM WITH YOUR, NOTICE OF APPEAL.
I< "? Date
District Justice
I certify that this is a true and correct copy of the record of the procPedings containing the judgment.
Date
District
My commission expires first Monday of January, 2000 SEAL
AOPC 31599
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. Chock applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY Or, ii ///7 ;ss
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Nor a of Appeal, Commor Pleas NA•!?• "t1Op the District Justice designated therein on , -
(dete of service) 2 t9 by personal servic f_ by (certified Hag sterrctl mail, sender's
receipt attached hereto, and meson the appellee, Imm?r.. ???? • O0
?OV, 19 ? by personal service g,J by (certified) egistered) mail, sender's receipt attached hereto.
and further that I served the Ruler File a Complaint accom ianying the above Notice of ppeal upon the appellee(s) to
.,(•; whom the Rule was addressed on!uJ? 19?-??, ? by personal servic by (certified) (regfsII!TLRII-'
mail, sender's receipt attached hereto.
SWORt(lFl,.R, MED) AND UBSCRIBED BEFORE E
DAY O19
Sign.Ivrbefore whmn alli avir was uuoc
Title or official _
My commission expires on tariris<-tl
e Mgron N
HgmebV r 914ry pV41iq
My Cgrinnif 0 Ex UAhin COUnty
A OP Nov. 8.2801
em ar. eon yv r a a I n apes
Signature of J17, of
fiatll
r
ip
rQ <
NOTICE OF APPEAL
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS- FROM
CUMBERLAND COUNTY
JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT
PENNSYLVANIA
COMMON PLEAS No_g0_?,??'
NOTICE OF APPEAL 1 acre /i
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.
Allcrete Designs, Gary Forsyth, and
mi n V-k-
2018
!Manlove, D.J.
"Gi e tt.r rv t y:i (At ICrC ?-e 0 , 6' ?oF 1' L"' I-Cnc'Ihc 3
1n/2S/4q ?nr; •., ..__ _;?_,_ 't?nSJ hr?? i
I
CV 19 onn09AIllagg r]N
LT 19
This hlock will be signed ONLY when this notation is require der Pa.
R.C.P.J.P. No. 10088.
This Notice of Appeal, when received by the District Justice, will upenue as
a SUPERSEDEAS to the judgment for possession in this case.
A E2NICOFF, P.C.
I • appellant was Claimant (see Pa. R.C.PJP
No. 1001(6) in action before D'1?istri 1 Justice he
MUST FILE A CCffYlRr:fA?15U vvcYb' `twenty (20)
clays after filinghis NOTICE ofAPPEAL.
RRAECIPE TO'7p'NTER RULE TO FILE CONIQLAINT AND, RL I1 g, TAO FILE r
(This section of foiin,?oi!}r*115ed OAALy wl>gh?ppolanr raus•D9&y6ASVT (see Pa. R.C.P.J.P. No. 1001(7) in action hefore District Justice
IF NOT USED, detach from copy of rrtlticCef-appeal to be served ripon appellee).
PRAECIPE. To Prothonotary
E`nt`er rule upon hfeG"+°??a-•- ,,,,--} ap rllee(sh t ile a complaint in this appeal.
Npncpeclsl
i
' (Common Pleas No. "InV-7 within twenty (20) days after ser ice of e o ntry of judgment of non pros
`{ C N vl L CHERNIC?FF PC
6-1-(I (Y.?I" -, 'r- i arwe oranne(tanro rsa?\; ar,,?yent
RULE: To Nicnael Barr, et=V.' alc'?y J i?c n7fEQII)ijig$?,at?
Name of appelteetsl
(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 rioGfile a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST
YOU UPON PRQECIPE.
(3) -The date of service of :his rule if service was by mail is the date of mailing.
Date: le _'19 5?%
t.?" Signature o,Prothonofaryor DepI5jy;'_ -
White -•- Prothonotary Copy
Green ---•CourtFile Copy - -
Yellow •-- Appellants Copy
Pink -•••• Appellee Copy
Gold----D. J. Copy
NO. 99 - 6787
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Ia The Court of Cogan Pleas of
Cumberland County, Pennsvlvania
No. J-7 zg
Ve do solemnly swear (or affirm) chat we will suooorc, obey and defend
the Constitution of the United Stares and the Conscittrlom of this Common-
wealth and that we wilt ,i; c, l--- -
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