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Home My WebLink About07-5138i'1'1 OF PENNSYLVANIA COURT OF COi1MAON PLEAS Judicial District, County Of COiIMAON PLEAS No. NOTICE OF APPEAL ~ ~ Q~ y,,~ Notice is given that the appellant has ~ in the above Court of Common Pleas an appeal from the judgment rendered by the Mag~teria~I Disltrid Judge on the date and in the case referenced below. ~' Y O D40 I''la - O ~`J' This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magister4al Distrirt Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. was betas a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days alter filing the NOTICE of APPEAL S d~rufary a DAY PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FN.E (This section of io--n to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(n in ar~iar betiae Magisterid Disbict Judge. IF NOT USED, detach from copy of rake of appeal to be sensed upon appeNee. PRAECIPE: To Pr~orrotary Enter rule upon appeNee(sj, ky ills a complaint in this appeal (~ - nrameaappellee(sgy . (Common Pleas No. ~ ~-. ~-!~~ ~ u ~ ~~, )within twenty (20) days after service of rub a suffer entry of judgrnerrt aF non pros. T or atlbmey or agent RULE: To , appellees) or s) (1) You are nofdied that a rule is hereby entered upon you to fie a complaint b this appeal within 1weMy (20) days at>Der the date of service of this nde upon you by personal service or by certified a registered mail. (2) H you do not fib a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mad is the date of the mailing. Date: .2~'~ ,1C.~7 of orvpuly YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT~rRANSCRIPT FORM MRTH THIS 01: APPEAL. NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT aoPC a~z~ _ ~ ~. ~ N .t"3~ .~ ~ -~f. ~~~ ~ a ~ w ff'a _-... ~ Zs l.! -~ T -s, ~L. ~ C'3 ~~ ~~" ~ ~ ~ PI'1 ~-J "'C V' v M _/ ~ ~` COMMONWEALTH OF PENNSYLVANIA T.i ter. (!L7YA~IaAND IiVV~v 1 1 yr i .^:„ Drst No.. 09-3-05 MDJ Name: Hon. 1[ARE 11IARTIN Address: 507 N YORE ST !I[gCgANIC98tffR.G, PA Telephone: (717) 766-4575 17055 St'JE lW'RRBN 3 0 $AST COOV83t ST >ltECH1i1NICSHURG, PA 17055 THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF Judgment: ® Judgment was entered for: (Name) ® Judgment was entered agai 3, 9(68m7' in the amount of $ NOTICE OFCJ,VDGCASET/T'RANSCRIPT PLAINTIFF: NAME and ADDRESS --1 ~HOLGBR EROS, BRIAN HOLGER AGENT 502 BViRG~tEEN ROAD Ns7/ CpK88RI,11ND, PA 17070 L J VS. DEFENDANT: NAME and ADDRESS ~ ~itoR~aN, DAN, a~r AL . 30 EAST CbOVER ST NgCBANICSBU1tG, PA 17055 L_ J Docket No.: CiT-0000179-07 Date Filed: 6/01/07 ~, (Date of Judgment) 8/01/07 80LGER HROB, BRIAN HOLGER AGEN gpRREN, DAN Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ , Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 3.874.24 Judgment Costs $ =-~ Interest on Judgment $ . 00 Attorney Fees Total $ 3, 968.74 Post Judgment Credits $ Post Judgment Costs $ I Certified Judgment Total $ OF APPEAL W TH THE PROTHONOTARY/CLERK OF3THE CCOURT OF COMMON PLEASUC VILEDIVISION YOU NOTICE MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlFRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCES5 MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~/( /rj~ Date ~~.r/v~ ~ ~/~~~ ,Magisterial District Ju I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge 2012 SEAL My commission expires first Monday of January, AOPC 315-06 ,~~..,,. ..,.T,inn~r,_ O Ins /n7 71 . LO. AA stf ,~,, COMMONWEA/L~T~H~~OF PENNSYLVANIA !~/\1 IwITV /1C• ~~ Mag. Dist. No.: 09-3-05 MDJ Name: Hon. BAAL 871ZLTIN Address. 507 N YOB ST M,gCgA'~TICSB'Ojt6, PA -r•~i•,ur,n~-e. (717 766-4575 17055 DAFT 1[IIY>itF,>ii 30 MAST COOVER ST 1![8CS1-]RICSBIIBG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment: POA pI,AI~ITII~P (Date of Judgment) 8/01/07 Judgment was entered for: (Name). ~~~ BSLOS, BB.IA1ff BOLG]I!B A4Elt ® Judgment was entered against: (Nam • Dl~B in the amount of $ 3, 968. Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to AttachmenU42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease ~ Amount of Judgment $ 3.874' a4 Judgment Costs $ ' Interest on Judgment $ . 00 Attorney Fees $ Total $ 3, 968.74 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. `~ ~ ~ Date ~/'~'1 a/~` ' r~ ~/~ ,Magisterial District Ju 1 certify that this is a true and correct copy of the record of the proceedings containing the judgment. NOTICE O CIVIDL CASET/TRANSCRIPT PLAINTIFF: NAME and ADDRESS reoLaa~ B~,oS, BBIA~i Bor~csx Aas>drr ~ 502 8VE1tti~tllSl!< 80AD p89i CplLBB3lLAND, PA 17070 L J VS. DEFENDANT: NAME and ADDRESS ~ 30 8A8'~' C~OVHjt ST 1lfaC8A1~IC8BIIg6, PA 17055 L_ J Docket No.: CV-0000179-07 Date Filed: 6/01/07 Date Magisterial District Judge My commission expires first Monday of January, x012 SEAL AOPC 315-06 DATE PZLII~ITSD : 8 / O 1 / 07 11:4 8 : 0 0 Ali[ ~. s- 1 N c y ~, ;; ; ,~, ~_ ~-~: .=w' ~ -~. ~'.~ -= ~- ~ ti? tV PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of sQr~ice MUST BE FILED tMT H!N TEN (10) DA YS AFTER ~9 of the notice of appeal. Check applicabll s boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C'~ M !~ rZR~•.~ N ~ ' ~ AFFIDAMLI: I hereby (svrea~ (~a16rm) that I served a~~~-~ss cr~,~ r~~, Q/ a campy of the Notice of Appeal, Gommon Pleas No. upon the Magisterial D~trid Judge designated therein on v~~+s~4 . 31 ( sernce) 0 ~~ by PerBOn aervioe by ( (re~9~~~t~~) ~/~~~ Sender's attar~l8d hereto, end Upon the , (name) . on d trjw~vs~320 07 Eby Personal service by (certfied? (-e9istersd) -r-ail, Sender's receipt attached hereto. -FFIRME AND SUBSCRIBED BEFORE ME DAY OF 20 D ~, n ;, S' a be a~n~rn altFdevR was maa~e GLARtA 2. CQPPERSMITH, Not~ery Publk C~np IM Bor+o, Gunt~nd County ~ Gom~nbelon ifJCplt+ee Tune 21, 2x11 /Uo~'f ~ t%!.c Title of el My commission expires on G ~/ 20 0 ~ ~ AOPC 312A - 05 TN OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEA8 No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial Judge on the date and in the case nafer~enced below. ~, ~'Y Od~~t"19 'C~`7 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. ~~draD+a~+r was C.P.D.J. No. before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after frling Hie 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.D.J. No. 1001(7) in action belbre Magisterial District Judge. IF NOT USED, detach from copy of nonce of appeal to be served upon appeNee. PRAECIPE: To Prothonotary Enter rule upon appeflee(s), to file a rromplaint in this appeal U Norms of eppeDse(g~ (Common Pleas No. ~ ~ /' )within twenty (20) days after service of rule or suffer ant of u mart of non ros. ~ ~ - ~~ ~ 1.:1 !~~ I rY 1 dg P ~~ igrrature or attorney or agent RULE: To , appellees) meals s) (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 ~ by certified or registered maN. (2) If you ~ not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ~~ ~~ av(J, or YOU MUST INCLUDE A COPY OF THE NOTICE Of JUDGMENT/TRANSCRIPT FORM WITH THM TILE OF APPEAL. AOPC 312-05 .- ~ r-~ ~ d ~t s '~ f ~~~. G'? ::-~ ::'- ~ 't ~ ~ ~ CG ° ~) ` .,~ C 3 ..f-- , ~ '_i'd ~ ~~ ~ 1 -- ~ ~ BOLGER BROTHERS LLC, D/B/A BOLGER CONSTRUCTION, v. DANIEL AND SUZANNE MURREN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5138 Civil Term CIVIL - AT LAW NOTICE TO PLEAD 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 is 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 further notice for any money claimed in the Amended Complaint, or for any other claim ar relief requested by the Plaintiff. You may lose money or Property or other rights important to you. YOU SHOULD TAKE TffiS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL~PlIONE T8E OFFICE SET FORTS BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013. (717) 249-3166 800-990-9108 NOTICIA Le hen demandado a usted en la Corte. Si usted quire defenderse de sates demandas expuetas en las paginas siquientes, usted tiers viente (20) dies de plazo al partir de la fecha de la excrita o en persona o por abogado y archivar en la torte en forma excxita sus defenses o sus objectiones a las demands, la Corte tomara medidas y puede entrar una order c~ntta usted sin prEwio aviso o notific~cion y por tualquier queja o alivio que es pedido en la petition ~ demands. Usted puec~ perder clinero o sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAS-~NTE. SI NO TIENE ABOGADOO SI NO TIENE EL DINERO SUF'ICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. . .. ? ~ d~ ' -~ "..i - .t'i : k .. . .. - 4 f .. ,. r. BOLGER BROTHERS LLC, DB/A BOLGER CONSTRUCTION, v. DANIEL AND SUZANNE hI1J[tYtEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5138 Civil Term CIVIL - AT LAW COMPI,~IINT AND NOW, this ~ day of September, 2007, comes Plaintiff Bolger, Brothers LLC, DB/A Bolger Construction, by and through counsel, Allen C. Welch, Esquire, and offers the following averments in support of the within COMPLAINT: 1. Plaintilli Bolger Brothers LLC, DB/A/ Bolger Brothers Con.4t~tiction, is a business entity registered with the Co~nwealth of Pennsylvania and awned and operated by Brian Bolger and Scott Bolger, with a principle place of business at 502 Evergreen Road, New Cumberland, PA 17070. 2. Defendants, Daniel and Suzanne Munen, currently reside at 30 East Coover Street, Mechanicsburg, Pennsylvania, 17055. 3. On July 26, 2006, the parties entered into a contract for home improvements to be made by Plaintiff (See Exhibit A); the essence of the work was the extensive renovation of the downstairs bathroom in the defendants' home and the less extensive repair of the upstairs batluoom in the same house. 4. The contract price for the work was agreed as $ 17,200. 5. Defendants made several payments of varying amounts for the work, and voiced unhappiness with the speed with which the work was being done, so several credits were also applied to the contract price by Plaintiffs. 7. Due to delays beyond the control of Plaintiff,. Defendants became increasingly wiha~y with the progress of the work and therefore demanded changes and alterations which were not agreed to by Plaintiff and which were never made a pact of any contract. 8. Plaintiffs were told not to finish the work on or about February 26, 2007. 9. Al that point the downstairs bathroom work was completed. ~~ BR~F CH OF CONTRACT 10. Paragraphs one (1) through nine (9) are incorporated as if fully set forth herein. 11. Defendants have vnllfully refused to pay the amount due under the contract, Three Thousand Eight Hundred Seventy-Four and twenty-four One Hundredths Dollars ($3874.24). WHEREFORE, Plaintiff asks Your Honorable Court to enter jtt on his behalf and against Defendant in the amount of Three Thousand Eight Hundred Seventy-Four and twenty-four One Hundredths Dollars ($3874.24}, plus costs and interest. Respectfully Allen C. Welch, Esq. 1101 North Front Street Harrisburg, PA 17102 ID# 34962 (717} 350-1002 Fax: 234-3650 CrimDefl (a hotznail.com Attorney fqr Plaintiffs J BOLGER BROTHERS LLC, D/B/A BOLGER CONSTRUCTION, v. DANIEL AND SUZANNE MURREN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5138 Civil Term CIVIL - AT LAW CERTIFICATE 4F SERVICE AND NOW, this 20th day of September, 2007, I, Allen C. Welch, do hereby certify that I have this day served a copy of this Complaint in the above-captio~d matter, by First Cla4s Mail, postage prepaid, on the following: Daniel and Suzanne Marren 30 East Coover Street Mechanicsburg, Pennsylvania, 17055. ,, ~Y... Allen C. Welch _~ ,. BOLGER BROT7HERS LLC, DB/A BOLGER CONSTRUCTION, v. DANIEL AND SUZANNE MURREN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5138 Civil Term CML - AT LAW VERIFICATION I, BRIAN BOLGER, Partner in Bolger Brothers Construction, hereby verify that the information contained in the foregoing Complaint is true and correct to die best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unswora falsification to authorities. DATE: ~'- 13 ' 4~ B ER ~i t ,:, `, ,. ' ~ ~ ~-,~ ~,a 170tQ Q bye ~ee~ cw- ~T~~s Pig 7t7 774 7471 PR 717 ~ 6111 fx T??'T"i41I25 Fx 7tTl321106 ~~~~~ Dmitl and Strc Mini 3a l~ Coerder s~reec Mec~icsburg, PA I705S seopc ~tw~: x~- ~ ~ saw, see~.d> , r~- e T+l~ T.b s ~a 1. Win: First Fbor Ba~+noni. Rye pairlitieue widl. RemvMe , afnk, vraa~tit>g c and dry d Floor o~n. R f%arlmg ai aacand floor bathroom and tit ~. 2. Fltmtbia~ R in smd hook ~ for one ~ P9edestal SinE. 's toi'1e~. i>tsidl Peeiestaf 3i®ic F Head ~ Tanpcraturc Cowl Faucxt. Plumbing fixtures booed em the following: Allowa~e: ~I,500 Ot} Orie 24" Kolilar Uevunshir+e Pbae~l Sisk, ale Moca Moaticc#~a f~imc Fawcet Ta+o Moen I~+to~iodla C~oRne SI'row~er FixEmes (}nt Basco Char Qrlaes Irks Angle Door with E~rnmc Trim 3. Fraser Fraame in owe ~r vaell $' wide x 9' Mgh- 4. ELI: S'vpply and ins~l lone > foist 8a~ to offside; (~ Oae grFl ncx~l~ f ~e location. ~~~• ~ ~'tl1l~'t ~404~ ~ Gam- ~1 ~ ~~~+~ 3. Ih~rstt: Bryv-~ll 5~s" dryvratt far new pertetion wait. Tape and Spsddt 3 cis, and make ~Y for paw. I'la~er pa~d- walls in ntw b~roo®i whore ~ ~~ ~~ ~ ~~ !. Ccnesrie T~ First floor beakoam: Nee Att~ks Ted ~arwrr with t~ floor oar noaptene vent bean, app~axim~e sip 3' x 3'. Ceramic file oa two wells 3' x T ftn c i~ awe ~4~ ~ bads b lC ti F1rSt Floor balm ~~ ~. over ~4" cerleent ~~9~ 1 c3 ~ ~` ~- o ., 'r` J./~ ~ ~71~1G .lam! - '~~ ~ Li~{~R Ceramic Tit Aliawance: ZI~25.~} Seoo~ Flaor~ hathnaom ~ file tt~ ~ ~s" moss~+e r ~ ~ ~ ~~ ter , 4e re ~. floor , ~ 4T ~. '~ s. a~ ~~ tea. uk a ~ vet Daa Mmrea. IV~Gt1-....~.. ~ttXl e~tv ~. ~~' ~-/ 7. Tsi~ We+~it: ~- apd ~ cxne Z'tF x 6'i" ~t pwnd P me dads t to mate3~ g home ag cMa~- da paasi`ble. Neer be~aird for door Bum ~ mach c as ckx~y as Pte. B. Debris: All Debris ~ vri@s this Coa~set be rea~ved by Bolger Tabs trk~ S1T ~~ s ~ ~,. ~~~~~~ sa.rr~,~.~ie~i~ b~ tea. ~..~ ~.r~lt:i~ea ~ ~ ~.. bores Want ~e c~oe Aagast T, ACCEPTAI~lC& OF' COACT: ~~ ~~~ Coosttr~ction. d~a ~ ~' jp~~ d~ sr~+ ~S Cs fit- ~ _ ~,,~rWvt~ raw iri .,.~ :xs:rou;€:~n:+r'~..rs.wwwr. ..a ,'....,..:..,. ,,._ ._ .. ..:. ,~. --•• C'~ C~ ~"'~ ~" ~ T r .~'. ~~1 ~ 4 ~ ~~ ~- ~, ~~.? .~"'" "~ r , BOLGER BROTHERS, LLC DB/A BOLGER CONSTRUCTION, Plaintiff v. DANIEL AND SUZANNE MURREN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-5138 Civil Term CIVIL - AT LAW NOTICE TO PLEAD TO: BOLGER BROTHERS, LLC DB/A BOLGER CONSTRUCTION BY ITS ATTORNEY: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BALL, MURREN & CONNELL _ ..~ ~~ ~, ~. _ _~ t Richard E. Connell, Esquire I.D. # 21542 2303 Market Street Camp I-1i11, PA 17011 (717) 232-8731 Attorney for Defendants Date /Q '~~ ~~ ~ BOLGER BROTHERS, LLC IN THE COURT OF COMMON PLEAS D/B/A BOLGER CONSTRUCTION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 07-5138 Civil Term DANIEL AND SUZANNE MURREN, Defendants CIVIL - AT LAW ANSWER WITH NEW MATTER AND NOW COME THE DEFENDANTS, by their counsel, Ball, Murren & Connell, a~~d file this Answer with New Matter to the Complaint of Plaintiff the statement of which is as follows: Admitted 2. Admitted. 3. Admitted that the parties entered into a written understanding about price and scope of work in order to install a new first floor bathroom and to renovate the existing second floor bathroom and as summarily outlined in the document attached to Plaintiffls Complaint. Denied as to the remainder of the allegation. By way of further answer, proof of the scope of the work is demanded at trial. In addition, the contract between the parties included other terms, one of which was a requirement that the work be completed within one (1) month of commencement. 4. Admitted. Admitted that Defendants made payments to the Plaintiff, the total thereof being $10,686.52 representing the full value for the work completed by Plaintiff. Denied as stated that several credits were applied and strict proof thereof is demanded at trial. 6. Denied as stated that delays were beyond the control of Plaintiff. To the contrary.. Plaintiff, as the contractor, agreed to provide the service contracted for and had a duty to diligently prosecute the work which duty was breached. The remainder of the allegation concerning changes and alterations lacks specificity as they are unrelated to the Complaint and therefore require no answer. 7. Denied as stated. Plaintiff was directed to not undertake work on the second floor or about the date stated which date was six (6) months after commencement of the work and five (5) months after the work was to be completed by Plaintiff. Plaintiff's failure and refusal to timely prosecute the work left Defendants with nc. reasonable alternative. 8. Denied as stated that work on the downstairs bathroom was complete. Strict proof thereof is demanded at trial. COUNT 1. 9. Answers to paragraph one (1) through nine (9) are incorporated herein as if fully set forth herein. 10. Denied that any further sum is due under the contract as Defendants paid Plaintiff $10,686.52 constituting payment in full for the work completed. WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against Plaintiff with all costs of suit to be imposed upon Plaintiff. NEW MATTER 11. Paragraphs 1-10 of Defendants' Answer are incorporated herein by reference as if fully set forth. 12. Plaintiff s failure to timely provide the services required by the agreement between the parties was a material breach of the contract which bars Plaintiff's claim. 13. Plaintiff s failure to timely provide the services requirred by the agreement between the parties constitutes non-performance of tl~e contract which bars Plaintiff's claim. 14. Plaintiff s failure to timely provide the services required under the agreement bars Plaintiff's action by the defense of waiver. 15. Plaintiff induced Defendants to enlist Plaintiff's services based upon a promise to complete the project within four (4) weeks of the date on which work commenced. 16. Plaintiff commenced work to provide the services agreed upon on August 7, 2006 knowing that it was essential to the Defendants that the work had to proceed diligently to be completed within the agreed upon tinne frame. .~ 17. After significant delays in prosecuting the work occasioned, in part, by Plaintiff's failure to adequately supervise workers in its employ or subcontractors it retained, Defendants advised Plaintiff that work on the first floor bathroom was to be concluded. 18. Due to Plaintiff s unprofessional prosecution of the work, Defendants were forced to seek another contractor to undertake and complete the work on the second floor bathroom which had been part of the agreed to scope of work with the Plaintiff. 19. In completing the second floor bathroom renovation, Defendants expended Four Thousand Nine Hundred Sixty Five Dollars and Thirty-Five Cents. ($4,965.35). 20. Plaintiff has attempted to apportion values for the first and second floor projects, after the fact, and knowing that Plaintiff had breached its obligation to Defendants, by claiming through its Complaint that the agreed upon price of $17,200 should have been allotted with approximately 85% attributable to the new first floor bathroom and approximately 15% for the second floor bathroom renovation. 21. Plaintiffs self-serving apportionment does not at all comport with the cost to Defendants to obtain the work which Plaintiff was to have provided; is an effort to obtain a higher payment than warranted for the work completed by Plaintiff and ignores Defendants substantial and full payment for the work completed. WHEREFORE, Defendants respectfully request that this Court enter judgment in their favor and against Plaintiff with all costs of suit to be imposed upon Plaintiff. Respectfully Submitted, BALL, MURR1rN & CONNELL _._..... ~~ BY Richard~E. Connell, Es ' e LD. # 21542 2303 Market Street Camp I-~ill, PA 17011 (717)232-8731 Attorney for Defendants Date _ / d~/l~ ~~ 7 .s CERTIFICATE OF SERVICE I, Richard E. Connell, Esquire, hereby certify that I placed a true and correct copy of the foregoing document in the U.S. Mail, First-Class, postage prepaid to the following: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 ,~ 4~ .---... .~...~ -~ Richard E. Connell, squire Date /D / d U VERIFICATION We, DANIEL MURREN and SUZANNE MURREN, hereby verify that the information contained in the foregoing Answer is true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. OGfJC ~~'~-- ~ . Zr~c~ DATE On _ DATE ~ti D IEL MURREN SU~ANNE N - rr~; ~~ ..., c~ C? ~' -i-t ~:. --~ Cr7 ~~ "'¢i sr. .~ ~,...1 --' ~ ~~+i.' --~ f• 4.1 ~ ~ .'7'i r rv rr~ ~ +~ :~ ~-- --c h V BOLGER BROTHERS, LLC, : IN THE COURT OF COMMON PLEAS OF DB/A BOLGER CONSTRUCTION, : CUMBERLAND- COUNTY, PENNSYLVANIA Plaintiff v. NO.: 07-5138 CIVII. ACTION -LAW DANIEL AND SUZANNE MURREN, Defendants PRACEIPE TO ENTER AND WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Allen C. Welch, Esquire as counsel of record on behalf of the Plaintiff. Date: ) ` ", ~ ' ~/ D ,--, l tJ B lien C. Welch, Esquire Sup. Ct. ID No. 34962 1101 N. Front Street Harrisburg, PA 17102 Please enter the appearance of Andrew H. Shaw, Esquire as counsel of record for the Plaintiff. Date: ~~ '~ ~ ' ~ g BY: ~~' An ew H. Shaw, Esquire Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 ,. _. CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praceipe to Enter and Withdraw Appearance, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Allen C. Welch, Esquire 1101 N. Front Street Harrisburg, PA 17102 Richard E. Connell, Esquire 2303 Market Street Camp Hill, PA 17011 /'' ,~° '' ,; f i Date: ~~ ~ ~ - ~~ A drew .Shaw, Esquire Sup. Ct. LD. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff __ ;,~, .. _~~ . _ ; w:: 7 C: "°`~. a. " 4 BOLGER BROTHERS, LLC, D/B/A BOLGER CONSTRUCTION, Plaintiff v. DANIEL AND SUZANNE MURREN, Defendants IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVA1~iIA NO.: 07-5138 CIVIL ACTION -LAW ANSWER TO DEFENDANTS' NEW MATTER N W this ~ da of December, 2008, comes the Plaintiff, Bolger Brothers, AND O „~_ y LLC, d/b/a Bolger Construction, by and through its attorney, Andrew H. Shaw, Esquire and files the instant Answer and in support thereof states as follows: 11. No response required. 12. Paragraph 12 of Defendants' New Matter is a legal conclusion to which no responsive pleading is required. 13. Paragraph 13 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 14. Paragraph 14 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 15. Paragraph 15 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. To the extent an answer is required, it is denied that Plaintiff induced Defendant to enlist Plaintiff's services based upon a promise to complete the project within four (4) weeks of the date on which the work was commenced. Strict proof thereof is demanded at trial. 1 16. Denied. Plaintiff denies any inference that it agreed with Defendants to complete the work within 4 weeks of commencing the work. Plaintiff further denies that it knew it was essential to Defendants that the work had to proceed diligently to be completed within the agreed upon time frame. 17. Denied. Plaintiff denies that it failed to adequately supervise the workers in its employ or subcontractors it retained. It is further denied that Defendants advised Plaintiff to conclude the work on the first floor bathroom. As a matter of further response, Plaintiff and Defendants kept open communication on the status of the project. 18. Denied. It is denied that Plaintiff engaged in unprofessional prosecution of the work. It is further denied that Defendants were forced to seek another contractor to undertake and complete the work on the second floor bathroom. As to the rest of the averment in Paragraph 18 of Defendants' New Matter, after reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant. 19. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant in Paragraph 19 of Defendants' New Matter. 20. Denied. Plaintiff denies that it inaccurately or improperly calculated the amount due. As a matter of further response, Plaintiff calculated the amount due based upon the work completed. 21. Denied. Plaintiff denies that it inaccurately or improperly calculated the amount due. As a matter of further response, Plaintiff calculated the amount due based upon the work completed. 2 WHEREFORE, Plaintiff respectfully requests this Honorable Court to award the relief requested in its Complaint. Date: ~ ~~' d Respectfully submitted , /; ~~ B L ~' ~-- Y Andrew H. Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff 3 VERIFICATION I, Brian Bolger, verify that the statements made in this Answer are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~~-«'~O CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Plaintiff s Answer to Defendant's New Matter, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Richard E. Connell, Esquire 2303 Market Street Camp Hill, PA 17011 Attorney for Defendants Date: ~ ~ ~ 3 -- Q (~ Andrew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff f ~ _ ~ ~ (~,_,.• ~._4 BOLGER BROTHERS, LLC, : IN THE COURT OF COMMON PLEAS OF D/B/A BOLGER CONSTRUCTION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 07-5138 CIVIL ACTION -LAW DANIEL AND SUZANNE MURREN, Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Andrew H. Shaw, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is: $3,874.24 The claim of defendants in the action is: $ 0.00 The following attorneys are interested in the case as counsel or aze otherwise disqualified to sit as azbitrators: Andrew H. Shaw Richazd E. Connell WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whome the case shall be submitted. Respectfully Submitted Date: ~~ - ~~~~ ~ By: Andrew .Shaw, Esquire 200 S. Spring Gazden Street Cazlisle, PA 17013 ORDER OF COURT AND NOW, this day of , 2009, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Edgar B. Bayley CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition for Appointment of Arbitrators, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Richazd E. Connell, Esquire 2303 Market Street Camp Hill, PA 17011 Attorney for Defendants ~; ~ ~ ~ v ~ R ,U.N--- Date: ~( ew H. aw, uire Sup. Ct. I.D. No. 87371 200 S. Spring Gazden Street Cazlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff ~ ~1.~i.: ~;,, 2ao~ ~~ r ~ s ~f ~ i ~ i..l.~tk`~~ , i r Ch.~ 7a~ ~ Shad ~ y.OC~ Ric. ~ a~ ~ ~5 BOLGER BROTHERS, LLC, : IN THE COURT OF COMMON PLEAS OF D/B!A BOLGER CONSTRUCTION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. DANIEL AND SUZANNE MURREN, Defendants NO.: 07-5138 CIVIL ACTION -LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE 3UDGES OF SAID COURT: Andrew H. Shaw, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is: $3,874.24 The claim of defendants in the action is: $ 0.00 The following attorneys aze interested in the case as counsel or aze otherwise disqualified to sit as arbitrators: Andrew H. Shaw Richard E. Connell Respectfully Submitted By: Andrew .Shaw, Esquire 200 S. Spring Gazden Street Carlisle, PA 17013 ORDER OF COURT AND NOW, this ""day of ~'~ ~ , 2009, in consideration of the na petition. ~~)-®,tai ~ . ~_ O~.k~f .-. Esq., a~tld ' Esq., aYnd ~ Esq., abbitrators i above captioned action as prayed for. By ourt, ,~ 1 G Edgar B. Bayley WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) abbitrators to whome the case shall be submitted. Date: f ~ .(j ~:, ~s ~ ' c. _~ y-, ~~~ :3.- ~_ ~.. N 1 N c'd~ G"a S"J r~ WS ~... ~.~ a !tS J ~. ~ - c~ ~~ ~ ~'n"V w- `~ ~"V - r BOLGER BROTHERS, LLC, DB/A BOLGER CONSTRUCTION, Plaintiff v. DANIEL AND SUZANNE MURREN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAr1IA NO.: 07-5138 CIVIL ACTION -LAW PRAECIPE TO DISCONTINUE To the Prothonotary: Kindly mark the above-captioned action Settled and Discontinued as to all Defendants. F Date: - ~ Q~ By: Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Discontinue, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Richard E. Connell, Esquire 2303 Market Street Camp Hill, PA 17011 Attorney for Defendants Date: ~- / ~ -- O l Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff ~iE.EGi~-~„rl-t-! ~. ~~ ~C ~t'Y~~~p~~~'~~~i~~Y 2~fl9 Sit' I 0 ~'~ 2= E b PE* 1t~~'r1L~fa,"~~~: