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R. J. ANDERSON, t/a : IN THE COURT OF COMMON PLEAS OF
ANDERSON HOME MAINTENANCE, : CUMBERLAND COUNTY, PENNSYLVANIA
Contractor
NO. 99-7241 MILD Term
V.
KAREN L. ALLEN,
Owner
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must lake 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO
NOT IIAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW "f0 FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Joh . Eakin -
Ma t Square Building
Mechanicsburg, PA 17055
1. D. 11006351
(717) 766-3172
Attorney for Plaintiff
R. J. ANDERSON, t/a : IN THE COURT OF COMMON PLEAS OF
ANDERSON HOME MAINTENANCE, : CUMBERLAND COUNTY, PENNSYLVANIA
Contractor
NO. 99-7241 MLD Term
V.
KAREN L. ALLEN,
Owner
COMPLAINT
Plaintiff tiles the following complaint pursuant to Rule 1656 of the Pennsylvania Rules of
Civil Procedure:
1.) The plaintiff is It. J. Anderson, Ua Anderson Home Maintenance, his residence is
462 Marsh Run Road, New Cumberland, York County, Pennsylvania.
2.) The defendant is Karen L. Allen, her residence is 590 Grandview Avenue, Camp Hill,
Cumberland County, Pennsylvania.
3.) Plaintiff has filed a claim for mechanic's lien against the defendant to No. 99-7241
MLD Term, the date of the filing was December 1, 1999, and a copy is attached as Exhibit A.
WHEREFORE, plaintiff demands judgment of the defendant in the amount of $2,227.00
with interest from September 8, 1999.
t?Y 1.
J ? M. Eakin
A t rney for Plaintiff
VERIFICATION
I, R. I ANDERSON, hereby verify that the statements of fact made in the foregoing
instrument are true and correct to the best of my knowledge, information and belief. I understand
that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S.
4904, relating to unswori falsification to authorities.
Dated: February 2-3 , 2000
It..1. ANDERSON, Ua
ANDERSON HOME MAINTENANCE,
Contractor
V.
KAREN L. ALLEN,
._7. ...4 r..!"L
i
IN 7711; COURT OF COMMON PLEAS OF
CUMBERLAND COUN'T'Y, PENNSYLVANIA
NO. Vf , ?zyi MI-o Toy
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Owner DA'Z'E: DECEMBER 1,199S0c v
Ch
CLAIM FOR MECIIANICS' LIEN
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R. J. Anderson, Ua Anderson I Ionic Maintenance pursuant to the Mechanics' Lien Law of
1963 (49 P.S. 1503) files this claim of lien as a contractor against Karen L. Allen, owner or
reputed owner and against the building and premises herein described and the curtilage
appurtenant thereto I-rr the debt of $2,227.00 togcllici• with lmvful interest from September 8,
1999, due to him as contractor in the alteration, repair and construction of said building and makes
die following claim.
1.) 7'hc name of the claimant is R. J. Anderson, Ua Anderson I-tome Maintenance.
2.) The address of the claimant is 462 Marsh Run Road, New Cumberland, PA 17070-
3117.
3.) The name of the owner or reputed owner of the premises and building against which
this claim is tiled is Karen L. Allen mid her address is 590 Grandview Avenue, Camp Hill, PA.
4.) The claimant contracted directly with Karen L. Allen, the owner or reputed owner.
5.) fhe claim of the claimant is based on an oral contract for labor and materials
-1-
Exhibit A
entered into between the claimant and the owner on or about August 12, 1999. The work was
done and materials were furnished from August 16, 1999 to September 8, 1999. The nature and
character of the work was the furnishing ofclcclrical fixtures and service and the work necessary
for installation, repairing and painting walls and construction of closets.
G.) The sum of $2,227.00 together with lawful interest from September 8, 1999, is due
the claimant. The claimant has no note or other collateral security for his claim.
7.) The work was done and the materials furnished for the alteration, repair and
construction of the residential dwelling known and numbered as 48 West Keller Street,
Mechanicsburg, I'A, more particularly described in Exhibit A, attached hereto.
?IL ?Y\
John Ifl.
Adorn for Claimant
VEW ICA'I10N
I, R. I ANDERSON, hereby verify that the statements of fact made in the fotegoing
instrument are true and correct to the best of my knowledge, inl'orination and belief. I understand
that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S.
4904, relating to unsworn falsification to authorities.
(P L--?
R. J. Anderson
Dated: December 1, 1999
DESCRIPTION Op REAL ESTATE
ALL'i'lIN CGR'1'AIN house and lot of hind situate on the North side of
West Keller Street In the BuougIt of Mechnnlcsburg, Courtly of
Cnudacrlnnd nod Cvuu11onwenltln of Pennsyivantn, lrein more pardoularly
bounded mad dsetibed in neconlnftce with a survey by 501111 C. Bdllnart mid ya, dated MnITIng Services,
27, 19781 as follows, v wit:. Registered
Surveyor)
(hnl cINN n lOi?ublo?trl0krho ke locby a unit III die division ated on the Nord, side of tile afoteseld
West Keller Street (tile Cnslcml Put Ilun of still' double brick dwelling house
Kehl , the 11VIMI ty hcwin conveyed), said point also being located on tine
NorTicu, line of said West Koller Street at the curter of lands now or
formerly of Lcstcr I;rb mid being refetene ed Nordt severity-three (73)
degrees thirty (30) minutes linsl a dislnnce of one hundred forty-two and
I of ern
of S Yli ii ilcric i k Street with ii ,a aforesaid Northern litre oftWesstsKc rite
Sweet; thence along and through the said division or party wall and along
said lands nuw or funucrly of Lester Erb Notth sixteen (16) degrees thirty
(30)III hn11es Wcst, it distance of one hundred sixty mid zero bne
Itundicdahs (160.0U) feet to n point on the Soudiert line or a public allb
known as "King Alley" nt the northwest corner of a Game garage bullding;
thence along the Suuthcrn Ihle of King Alley aforesaid North seventy-three
one-
(71) degrees thirty (30) uluulcs East, a distance of seventeen turd fifty .
hundrelths (17.50) feet to a point tit the Conner of lands now or formerly of
Bet naid 11. Desch, said polut being also et the northeast comer of die
aforesaid frm11e garage building; thence along the line of Bald lands now or
formerly of Bernard 11. Desch, South sixteen (16) degrees thirty (30)
minutes Fast, a distance of one hundred sixty anei zero one-hundredths
(16010) feet to a point nniuked by a post on the Northern line of West
line of West Kelle
Keller Street arbresuld; thence nlong tile
l
aforesaid South sev rily'Ibree (73) degrees tllrty(30) minutes W st, a Street
distance of seventeen and fifty one-hundredths (17.50) feet to the point and
Place of BEOINNINO.
FIAVINO BRECI'LD'I1161WON the eastern portion of a double brick
dwelling eller Street, Mech mlesburg, Pennsylvaniaand numbered as A8
West K
Exhibib A
R. J. ANDERSON, t/a
ANDERSON HOME MAINTENANCE,
Contractor
V.
KAREN L. ALLEN,
Owner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-'7.2y1 /'I Ta
DATE: DECEMBER 1, 1999
CLAIM FOR MECHANICS' LIEN
R. J. Anderson, Ua Anderson Home Maintenance pursuant to the Mechanics' Lien Law of
1963 (49 P.S. 1503) files this claim of lien as a contractor against Karen L. Allen, owner or
reputed owner and against the building and premises herein described and the curtilage
appurtenant thereto for the debt of $2,227.00 together with lawful interest from September 8,
1999, due to him as contractor in the alteration, repair and construction of said building and makes
the following claim.
1.) The name of the claimant is R. J. Anderson, t/a Anderson Home Maintenance.
2.) The address of the claimant is 462 Marsh Run Road, New Cumberland, PA 17070-
3117.
3.) The name of the owner or reputed owner of the premises and building against which
this claim is filed is Karen L. Allen and her address is 590 Grandview Avenue, Camp Hill, PA.
4.) The claimant contracted directly with Karen L. Allen, the owner or reputed owner.
5.) The claim of the claimant is based on an oral contract for labor and materials
entered into between the claimant and the owner on or about August 12, 1999. The work was
done and materials were furnished from August 16, 1999 to September 8, 1999. The nature and
character of the work was the furnishing of electrical fixtures and service and the work necessary
for installation, repairing and painting walls and construction of closets.
6.) The sum of $2,227.00 together with lawful interest from September 8, 1999, is due
the claimant. The claimant has no note or other collateral security for his claim.
7.) The work was done and the materials furnished for the alteration, repair and
construction of the residential dwelling known and numbered as 48 West Keller Street,
Mechanicsburg, PA, more particularly described in Exhibit A, attached hereto.
John . Eakin
Atto y for Claimant
VERIFICATION
I, R. J. ANDERSON, hereby verify that the statements of fact made in the foregoing
instrument are true and correct to the best of my knowledge, information and belief. I understand
that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S.
4904, relating to unswom falsification to authorities.
rE:o
R. J. Anderson
Dated: December 1, 1999
DESCRIPTION OF REAL ES'I'A'FE
ALL THAT CERTAIN house and lot of land situate on the North side of
West Keller Street in the Borough of Mechanicsburg, County of
Ctunbcdand and Conunonwealth of Pennsylvania, being more particularly
bounded and described in accordance with a survey by John C. Brilhart
Surveying and Mapping Services, (Charles W. Junkins, Registered
Surveyor), dated July 27, 1978, as follows, to wit:
BEGINNING at n point marked by a nall In the division or parry wall of
that certain double brick house located on the North side of the aforesaid
West Kclicr Street (the eastern portion of said double brick dwelling house
being the property herein conveyed), said point also being located on the
Northern line of said West Keller Street at the corner of lands now or
formerly of Lester Erb and being referenced North seventy-three (73)
degrees thirty (30) minutes East, a distance of one hundred forty-two and
eighty one-hundredths (142.80) feet from the intersection of the Eastern line
of South Frederick Street with the aforesaid Northern line of West Keller
Street; thence along and through the said division or party wall and along
said lands now or formerly of Lester Erb North sixteen (16) degrees thirty
(30) minutes West, a distance of one hundred sixty and zero bne-
hundreddis (160.00) feet to a point on the Southern line of it publio alleyy
known as "King Alley" at the northwest corner of a frame garage bull%g;
thence along die Southern lime of King Alley aforesaid North seventy-three
(73) degrees thirty (30) minutes East, a distance of seventeen and fifty one-
hundredths (17.50) feet to a point at the comer of lands now or formerly of
Bernard 11. Desch, said point being also at the northeast comer of die
aforesaid frame garage building; thence along die line of said lands now or
formerly of Bernard H. Desch, South sixteen (16) degrees thirty (30)
minutes East, a distance of one hundred sixty and zero one-hundredths
(160.00) feet to a point marked by a post on the Northern line of West
Keller Street aforesaid; thence along the Northern line of West Keller Street
aforesaid South seventy-three (73) degrees thirty (30) minutes West, a
distance of seventeen and fifty one-hundreddis (17.50) feet to the point and
Place of BEGINNING.
HAVING EREC'T'ED THEREON tine eastern portion of a double brick
dwelling house, said eastern portion being known and numbered as 48
West Keller Street, Mechanicsburg, Pennsylvania.
Exhibit A
R.J. ANDERSON, t/a : IN THE COURT OF COMMON PLEAS OF
ANDERSON HOME MAINTENANCE,; CUMBERLAND COUNTY, PENNSYLVANIA
Contractor 7A `Y1
NO. 99-72d MILD Term
v.
KAREN L. ALLEN
Owner
PRAF,CIPE TO ENTFR JUDCMFNT
TO THE PROTHONOTARY:
Per the decision made by the Board ol'Arbitrators on July 24, 2000 please enter judgment
in favor of the defendant and against the plaintiff in this matter. There were no damages
awarded in favor ol'the defendant, just judgment on the plaintiffs Mechanics Lien claim.
Respectfully submitted,
R. Mark Thomas, Esquire
ID# 41301
101 S. Market Street
Mechanicsburg, PA 17055
(717) 796-2100
r_ o
1' M
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R. J. ANDERSON, T/A
ANDERSON HOME MAINTENANCE.
Plaintiff
Vs.
IN TIME COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CIVIL 99-7241 MILD Term
KAREN L. ALLEN,
Defendant CIVIL ACTION - AT LAW
OATH
We do solemnly swear (or affirm) that we will support, obey and defend th C
States and the Constitution of this Commonwealth and that myc will ischargc the to
Susan J.
AWARD
on of the United
office with fidelity.
We, the undersigned arbitrators. having been duly appointed and sworn (or affirmed), make the following
Arbitrator, di
Date of Hearing: July 24, 2000
Date of Award: July 24. 2000
award:
(Note: if damages for delay are awarded, they shall be separately stated.)
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NOTICE OF ENTRY OF AWARD
Now, the .?G eday of 41e' l , 2000, at b': s'x //
docket and notice thereofgivcn be mail to the parties or their attorneys, the aboeo a??;?rd Was entered upon the
Arbitrators' compensation to be
Paid upon appeal: 'E" -
$ .2 10.00 Pronthon , n
By:
Deputy
AAt4, f /
R. J. ANDERSON, t/a : IN THE COURT OF COMMON PLEAS OF
ANDERSON HOME MAINTENANCE,: CUMBERLAND COUNTY, PENNSYLVANIA
Contractor
NO. 99.7241 MLD Term
V.
KAREN L. ALLEN,
Owner
NOTICE TO PLEAD
TO: R. J. Anderson, t/a Anderson Home Maintenance
You are hereby notified to file a written response to the enclosed New Matter and Set-off
within twenty (20) days from service here of or a judgment may be entered against you.
A /01W/?
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
(717)796-2100
R. J. ANDERSON, t/a : IN THE COURT OF COMMON PLEAS OF
ANDERSON HOME MAINTENANCE,: CUMBERLAND COUNTY, PENNSYLVANIA
Contractor
NO. 99-7241 MLD Term
V.
KAREN L. ALLEN, :
Owner
ANSWER. NEW MATTER AND SETOFF
The defendant files the following Answer, New Matter and Set-off to the Complaint filed
by the plaintiff.
1. Admitted.
2. Admitted.
3. Admitted in part, denied in part. Admitted that the plaintiff has filed the
mechanic's lien claim as stated, but it is denied that the plaintiff is owed the sum of $2,227.00
plus interest from September 8, 1999.
4. Admitted.
WHEREFORE, defendant prays this Honorable Court will enter judgment in favor of the
defendant and against the plaintiff in this action.
NEW MATTER
5. The answers set forth in paragraphs 1 through 4 are incorporated herein as if set
forth at length.
6. On or about August 15, 1999, the parties hereto entered into an oral agreement for
the plaintiff to do some minor remodeling in the form of installation of several ceiling fans,
construction of two (2) closets and the repair and painting of walls at defendant's property
located at 48 W. Keller Street, Mechanicsburg, PA.
7. On August 15, 1999, plaintiff estimated the total cost for said work to be
$2500.00.
8. Defendant made an initial payment to plaintiff in the amount of $2,000.00 for
plaintiff to commence work.
9. Plaintiff performed work at defendant's residence and submitted an additional bill
for $537.00 on August 27, 1999, which defendant paid.
10. Plaintiff continued to work on defendant's property, but his work was of such
poor quality and workmanship that defendant ordered plaintiff to cease working.
11. Defendant has been forced to expend additional sums of money to complete the
work that plaintiff was required to do under the contract and to repair the work completed by the
plaintiff.
WHEREFORE, defendant demands a setoff against the plaintiff for any sums above the
$2,537.00 already paid to plaintiff.
Respectfully submitted,
R. Mark Thomas, Esquire
Attorney for Defendant
101 South Markel Street
Mechanicsburg, PA 17055
(717)796-2100
IDN 41301
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unswom falsification to authorities.
Dater d ?JGLJ ?O??O/k
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FROM,
JUN-07-00 10,41 DUNCAN * HARTHAN ID, PAGE 1/4
Duncan & Hartman. P.C. ;
Attomeys at Law ?
One Irvine Row ?j
Carlisle, Pennsylvania 17013
[i
William A. Duncan (717) 249.7780
Susan J. Haman FAX (717) 219.7800 ( i
FACSIMILE TRANSMITTAL SHEET
TO: V/- ..r .n e I FROM:
COMPANY: ' DATE b I q I n71
FAX NUMBER: fZN,? TOTAL NO.OF,?AGES INCLUDING COVER:
PHONE NUMBER SENDER'S REFERENCE NUMBER-.
RE: YOUR REFERENCE NUMBER:
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT LEGIBLE,
PLEASE TELEPHONE: (717) 249-7780
NOTES/COMMENTS:
CONFIDP-N_UAT TTY NOTIC>
The ir&muon contained in and with this facsimile message is legally privileged and
confidential infomTation intended only fot the use of the individual or entity named above. If
t?c receiver of this message is not the intended recipient, you are hereby notified that any
dissemination or distribution of copy of this telecopy is strictly prohibited. If you have received
this tdecopy in error, please immediately notify 1u by telephone and return the original message
to us at the address above via the United States Postal Service. Thank you.
JUN-07-00 10,41 FROM,Dl1NCAN * HARTHAN
R. J. Anderson, Na )
Anderson Horne Maintenance. )
Contruotor )
Vs. )
Kann L. Allen. )
Owncr )
ID-
IN THE COURT OF COMMON PLEAS
OF CU.MBERLANM COUMI-Y, PE."MVAN'IA
NO. 99-7241 MLD Term
CIVIL ACTION - LAN
TO: Appointed Arbitrators and Partics' Counsel
PAGF. 2/4
Enclosed are blank calendars for the next two (2) months. Please indicate any day that you cannot
participate in the arbitration heating in the above-captioned matter.
Retum the calendars to:
Fishman Rc Morgemhal
Attn: Kathy Mummer
95 Alexander Spring Road, Ste. 3
Carlisle, PA 17013
After reviewing the available dates, I will notify you with the day, date, time and place of the hearing.
Thank you.
Very truly yours..
FISHMAN & MORGENTHAL
a Yy?? - t-
Kathy L. btummert
Paralegal
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FISHMAN & MORGENTHAL
ateven J. rtsunanl 95 Alexander Spring Road, Suite 3
Roger M. Morgenthal Carlisle, Pennsylvania 17013-9137
F-MAIL: inl'oCa carlislelaw.com
(717) 249-0333
FAX (717) 249-7334
DATE: 07/10/2000
TO: John Oszustowicz, Esquire
Susan Hartman, Esquire
John M. Eakin, Esquire
R. Mark Thomas, Esquire
FROM: Tricia Bailey
RE: R. J. Anderson, t/a Anderson Home Maintenance v. Karen L. Allen
No. 99-7241 MLD Term
Number of pages to follow this transmittal page: I
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE
NOT LEGIBLE, PLEASE TELEPHONE: (717) 249-6333
IMPORTANT - THIS MESSAGE IS INTENDED ONLY FOR THE USE OF
THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY
CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND
EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF
THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT READING, DISSEMINATING, DISTRIBUTING OR COPYING
THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED
THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY
TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE
ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU.
Memo: Hard copy will follow by mail.
R. J. Anderson, t/a Anderson
Home Maintenance
Plaintiff
Vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.99-7241 MLD Tcrm
Karen L. Allen
Defendant CIVIL ACTION - LAW
TO: Plaintiffs and Defendant's Counsel
NOTICE OF HEARING
YOU ARE HEREBY NOTIFED that the undersigned arbitrators appointed by the Court
in the above captioned matter will meet for the purpose of their appointment Monday, July 24,
2000 beginning at 9 A.M. in the New Courthouse, 5 s Floor, Carlisle, Pennsylvania, at which time
and place you may appear and be heard, together with your witnesses and counsel, if you so
desire.
DATED: Jul} 10, 2000
Chariman: Roger M. orgenthal, Esquire
Arbitrator: John Oszustowicz, Esquire
Arbitrator: Susan Hartman, Esquire
CC. Court Administrator's Office
Cumberland County Courthouse
Carlisle, PA 17013
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R. J. Anderson, t/a Anderson IN THE COURT OF COMMON PLEAS OF
Home Maintenance
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO.99-7241 MLD Term
Karen L. Allen
Defendant CIVIL ACTION - LAW
TO: Plaintiffs and Defendant's Counsel
NOTICE OF HEARING
YOU ARE HEREBY NOTIFED that the undersigned arbitrators appointed by the Court
in the above captioned matter will meet for the purpose of their appointment Monday, July 24,
2000 beginning at 9 A.M. in the New Courthouse, 5 ° Floor, Carlisle, Pennsylvania, at which time
and place you may appear and be heard, together with your witnesses and counsel, if you so
desire.
DATED: July 10, 2000
Chartman: Roger M. orgenthal, Esquire
Arbitrator: John Oszustowicz, Esquire
Arbitrator: Susan Hartman, Esquire
CC. Court Administrator's Office
Cumberland County Courthouse
Carlisle. PA 17013
R. J. Anderson, t/a
Anderson Home Maintenance,
Contractor
VS.
Karen L. Allen,
Owner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7241 MLD Tenn
CIVIL ACTION - LAW
TO: Appointed Arbitrators and Panics' Counsel
& A OA je? ? 4
?ojyy-.
Enclosed are blank calendars for the next two (2) months. Please indicate any day that you cannot
participate in the arbitration hearing in the above-captioned matter.
Return the calendars to:
Fishman & Morgenthal
Attn: Kathy Mummert
95 Alexander Spring Road, Ste. 3
Carlisle, PA 17013
After reviewing the available dates, I will notify you with the day, date, time and place of the hearing.
Thank you.
Very truly yours„
FISHMAN & MORGENTHAL
'& Yq."'Ze
Kathy L. Mummcrt
Paralegal
/klm
Enclosures
R. MARK THOMAS
Attorney at Law
101 South Market Street
Mechanicsburg, Pennsylvania 17055-3851
Telefax: (717) 796-3600
June 20, 2000
Kathy L. Mummen
Rishman & Morgenthatl
95 Alexander Spring Rd., Ste
Carlisle, PA 17013
RE: R. J. Anderson, et al. v. Karen L. Allen
NO. 91-7241 MLD Term
Dear Kathy:
Telephone: (717) 796-2100
Enclosed please find the calendars which you previously forwarded to me. On the dates
that I have marked "NO" I am not available for an arbitration. My client states that she is
available any Monday or Friday and therefore we request that the arbitration be scheduled for
either a Monday or Friday. I would anticipate the testimony to be approximately 2 %z hours in
length.
Very truly yours,
R. Mark Thomas
RMT/ac
Encl
cc: Karen Allen
John Eakin, Esq.
JOHN M. EAKIN
ATTORNEY AT LAW
MARKET SQUARE OUILOINa
MECHANICSBURG. PA. 17055
TELEPHONE 17171 766.3172
June 20, 2000 TAX 17191 641.3201
Fishman & Morgenthal
Attn: Kathy Mummert
95 Alexander Spring Road, Ste. 3
Carlisle, PA 17013
Re: Anderson v. Allen
Dear Ms. Mummert:
Enclosed are the calendars on behalf of plaintiff and plaintiff's attorney.
Very truly yours,
Jo nin
JME/sam
Enclosures
cc: R. Mark Thomas, Esquire
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R. J. Anderson, t/a ) IN THE COURT OF COMMON PLEAS
Anderson Home Maintenance. ) OF CUMBERLAND COUNTY, PENNSYLVANIA
Contractor )
VS.
NO. 99-7241 MLD Term
Karen L. Allen, )
Owner CIVIL ACTION - LAN
)
?,/,/
TO: Appointed Arbitrators and Parties' Counsel
Enclosed are blank calendars for the next two (2) months. Please indicate any day that you cannot
participate in the arbitration hearing in the above-captioned matter.
Return the calendars to:
Fishman & Morgenthal
Attn: Kathy Mummcrt
95 Alexander Spring Road, Ste. 3
Carlisle, PA 17013
After reviewing the available dates, I will notify you with the day, date, time and place of the hearing.
Thank you.
Very truly yours„
FISHMAN & MORGENTHAL
a YYIwm? v, -?
Kathy L. Mummcrt
Paralegal
/klm
Enclosures
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R. J. ANDERSON, t/a
ANDERSON HOME MAINTENANCE,
Contractor
V.
KAREN L. ALLEN,
Owner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-7241 MLD Term
REPLY
Plaintiff responds to defendant's New Matter as follows:
5.) Paragraph of Incorporation.
6.) Denied as stated. On or about August 15, 1999, the parties orally agreed that
plaintiff would furnish labor and material to add a bathroom, provide electrical outlets and
fans, repair and paint walls and ceilings, install closets and other remodeling at 48 West
Keller Street, Mechanicsburg.
7.) It is denied the estimated cost of the work was $2,500.00 and on the contrary the
estimate included the bathroom and was from $6,000.00 to $8,000.00.
8.) Admitted.
9.) Admitted.
10.) Denied as stated. Plaintiff continued to furnish labor and material to provide the
services for which he was hired until he was ordered by defendant's daughter to stop work.
Defendant subsequently agreed with her daughter and thereafter plaintiff did no further
work. The work was done in a workmanlike manner.
11.) It is denied the defendant spent any money to complete the work plaintiff was
obligated to do as he was not obligated to furnish labor and material after he was ordered to
stop work. As to the allegation that expenditures were made to repair the work done by
plaintiff, after reasonable investigation plaintiff is without sufficient knowledge to form a
belief as to the truth of the averment and proof is demanded.
WHEREFORE, plaintiff demands judgment in the amount of $1,690.00.
. fL
Joh . Eakin
tt ey for Plaintiff
Alt-
VERIFICATION
I, R. J. ANDERSON, hereby verify that the statements of fact made in the
foregoing instrument are true and correct to the best of my knowledge, information and
belief. I understand that any false statements therein are subject to the criminal penalties
contained in 18 Pa. C.S. 4904, relating to unsworn falsification to authorities./
2 - ?G
` R. J. Anderson
Dated: May 1) , 2000