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HomeMy WebLinkAbout07-5474Stephen D. Tiley, Esquire Supreme Court LD. No. 32318 Attorney for Plaintiffs Frey and Tiley 5 South Hanover Street Tel: 717-243-5838 Carlisle. Pennsvlvania 17013 Fax• 717 243 6441 JOYCE E. CLOUSER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PEIVNSYLVAtV1A v. ROBERT D. HENRY, t/a/d/b/a HE'NRY'S CONSTRUCTION NO.: D 7 - .~~17~f Defendant CIVIL ACTION -LAW NO_ You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 Stephen D. Tiley, Esquire Supreme Court LD. No. 32318 Attorney for Plaintiffs Frey and Tiley 5 South Hanover Street , Tel: 717-243-5838 C~a lisle. Pennsylvania 17013 Fax• 717 243 6441 JOYCE E. CLOUSER, , Plaintiff v. ROBERT D. HENRY, tla/d/b/a . HENRY'S CONSTRUCTION . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: Off- ~7Y ~~ ~i~ CIVIL ACTION -LAW COMPLAINT AND IOW comes the Plaintiff, Joyce E. Clouser, by and through her attorneys, Frey and Tiley, and files this Complaint, of which the following is a statement: CO_ 1. The Plaintiff is Joyce E. Clouser, an adult individual, of Penn Township (7 Irish Gap Road, Newville, PA 17241), Gumberland County, Pennsylvania. 2. .The Defendant is Robert D. Henry, an adult individual t/d/b/a Henry's Construction, of Penn Township (35 Irish Gap Road, Newville, PA 17241), Cumberland County, Pennsylvania. 3. In June of 2005 the Plaintiff artd Defendant entered into a contract whereby Defendant was to construct a house for Plaintiff at a cost of $171,465.00. A copy the said contract is attached hereto, marked Exhibit "A," and is incorporated herein Complaint -Clouser vs. Henry Page 1 by reference thereto as if fully set forth herein. (Defendant has the contract signed by Plaintiff.) 4. Plaintiff paid to Defendant the full consideration of $171,465.00 and has fulfilled all of the provisions of the contract which were to be performed by her. 5. The house was to be constructed according to certain plans titled "Clouser Residence -Lot #3" a reduced copy of which is attached hereto as Exhibit "B," and is incorporated herein by reference thereto as if fully set forth herein. 6. The Defendant failed to properly construct the house in accordance with building codes, the contract, and the plans. 7. The Defendant has performed in a poor, improper, and unworkmanlike manner, certain portions of the work which were expressly or by necessary implication required by the contract to be done and performed in a proper and workmanlike manner. 8. Defendant: (a) Failed to install a top course of solid cap blocks, and failed to fill the hollow wall blocks with concrete, and failed to properly install a sill plate and anchor bolts, all in the foundation. (b) Failed to provide footers under the support posts in the basement. (c) Installed the rear patio and rear A/C concrete pad improperly such that they are not properly supported, became tilted, and directed water against the foundation, instead of away from it. Complaint -Clouser vs. Henry page 2 (d) Improperly installed a sump pump by using a bucket with the bottom cut out of it such that the water going into the sump pump is not pumped out of the house, but rather passes through the sump pump and into the gravel or ground underneath the basement floor. (e) Failed to install a sleeve in the basement wall for the well pipe, to prevent leakage. (f) Installed the basement insulation upside down, thereby trapping moisture. (g) Improperly installed the gutter or fascia such that water runs off the roof and onto the ground, rather than into the gutter. (h) Improperly installed hose bibs. 9. The Plaintiff has received an estimate from Samuel R. Wagner for the repair of the items described in paragraph eight (8) of this Complaint. The amount of that estimate is $16,070.00. A copy of the estimate is attached hereto as Exhibit "C," which is incorporated herein by reference thereto as if fully set forth herein. 10. The front porch was also installed improperly such that water runs toward the house, down the basement wall, and seeps through that wall into the basement. Defendant estimates the cost to repair the front porch slab as the same as the cost to repair the rear patio and A/C condenser slab, to wit: $2,000.00. (See Exhibit "C" item 3.) 11. The parties' contract called for grading. and seeding. Defendant stripped top soil from the lot, and then hauled in pulverized shale rock, rather than top soil. Such shale rock would not support grass. After the Defendant refused to remedy the landscaping, the Plaintiff was forced to hire a landscape contractor to bring in topsoil, Complaint -Clouser vs. Henry Page 3 grade, and seed the lot. The total cost of this work was $7,485.92, as evidenced by the bill attached hereto as Exhibit "D," and which is incorporated herein by reference thereto as if fully set forth herein. 12. The outside cellar door or steps were improperly installed such that rain would wash dirt into the ground underneath it. The Plaintiff repaired the cellar door by filling in dirt under and around the basement door and steps. Plaintiff did this work herself. The reasonable value of such work is $200.00. 13. The molding along the floors was improperly installed in the living room and dining room. Because the Plaintiff was having hard wood floors installed, the molding was to be nailed into the wall, rather than at an angle. The molding was nailed at an angle. This prohibited the hard wood floors from expanding and contracting. The hard wood floors buckled. The Plaintiff hired the flooring contractor to repair the floors. The contractor removed and correctly reinstalled the molding, which solved the buckling problem. The cost of that repair was $300.00 as shown on the bill from the flooring contractor attached hereto as Exhibit "E," and which is incorporated herein by reference thereto as if fully set forth herein. 14. Because of the improper construction of the residence by Defendant, mold has been a constant presence in the basement, notwithstanding Plaintiffs operation of a dehumidifier in the basement. Plaintiff stipulates to damages resulting from the presence of mold in an amount of $8,944.08, such that the total damages remain within the jurisdictional amount for arbitration, to wit: $35,000.00. (C.C.R.P. 1301-1) 15. Defendant has failed to cure, and refused and still refuses to cure, the aforesaid breaches, despite plaintiffs repeated demands. Complaint -Clouser vs. Henry Page 4 WHEREFORE, Plaintiff prays Your Honorable Court for a judgment against the Defendant in the amount of $35,000.00, or for such other and further relief as to the Court may seem just and proper. CO_ 16. The averments of paragraphs 1 through 15, inclusive, of this Complaint, are. incorporated herein by reference, as if fully set forth herein. 17. The improper construction by Defendant, caused the house to be in a defective or unsafe condition, in breach of Plaintiff's implied warranty to construct the home in a good and workmanlike manner, as a builder/vendor of new residential construction. 18. The improper construction by Defendant, and the resulting persistent accumulation of mold in the house, caused the house to be in a defective or unsafe condition, in breach of Plaintiffs implied warranty of habitability as a builder/vendor of new residential construction. WHEREFORE, Plaintiff prays Your Honorable Court for a judgment against the Defendant in the amount of $35,000.00, or for such,other and further relief as to the Court may seem just and proper. Dated: .5~~ /9, ~a~o~ Complaint -Clouser vs. Henry Respectfully submitted, Frey and Tiley, By ~ `7 ~ StepYl'en Cl. Tiley, Esquire Attorneys for the Plaintiffs 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 Page S VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Complaint to Quiet Title is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made and subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated ~,1~1`T"' ~ ~ ~; °~ ~d Complaint -Clouser vs. Henry C~ - J ce E louser Page 6 ~-e~yl ~CG~. HENRY'S coNSTxucTioN ~~ -~ 35 Irish Gap Rd Call Newville, PA 17241 (71786-8016 We hereby propose to furnish aIl the materials and perform. atl the labor necessary for the completion of: Construct Ranch house with 2 car garage on Lot# 3 1.1037 acre lhill well, Construct sandmound & set tanks AU material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the snm of: Base house price $110,400.00 Lot price $40,000.00 Well & septic $15,000.00 Sub-total Price $165,400.00 / ~ ~1 ~~ 5 Total Options ' G~~'~G~ aCPS" T Authorized Signature ~ PA~i~VIENT TO BE MADE AS O~LOW Price of lot and legal fees on -day of settlement. Price of well & septic after drilling and SEO certification e: percentage is total price (base house and total options) 0'~o down 5% after completion of: excavation, foundation, slab work, sub-flooring, wall framing,,; ~. sheathing, roof framing, roof decking, & roofing 20% after completion of set windows & exterior doors, siding, exterior trim 20% after completion of: rough phunbing & wiring, insulation, set heat plant, & heating roughed in r 10'/o after completion of: drywall, phunbing fixtures, interior trim, cabinets, interior paurt, & light fixtures 5% upon completion and final inspection Any alteration or deviation from above specifications involving a=tra costs, will be ezecuted only upon written orders, and well become an eztra charge over and above the estimate. All agreements contingent upon strike, accidents, or delays beyond our control. Note: This proposal may be withdrawn by us if not accepted within 30 days. No occupancy or possession of any part of the home or land may occur until fwal payment has been made. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorrced to do the work as specified. Payment will be made as outlined above. Signature Signature Date Date *'l~" • 1 HENRY'S CONSTRUCTION Buyer Name Address Lot # OPTIONS LIST Buyers, please check & circle prices. Sign forms as indicated. Paint: Standard color white birch # 5134 (MAB Richlux Wal-Shield flat wall finish with semi-gloss trim) Deviation from standard color combination is additional Electrical: 4 Cable connections are provided. (LR, BR#1, BR#2, MBR) 4-Phone jacks are provided (LR, BR#l, BR#2, MBR) Ceiling fan box/switch $80.00 ea. No: Ceiling fan installed (provided by buyer) $60.00 ea. No: Additional electrical outlets $60.00 ea. No: Additional phone jacks $75.00 ea~No: Additional cable jacks $75.00 ea. N~: Note: Please mark location on floor plan as a measurement firm the wall. .Exact location cannot be quaranteed due to construction conditions, stud location, etc. Plumbing: Standard plumbing trim is chrome finish Standard fixture color is white High rise toilet ~ $70.00 ea. No: Whirlpool in MBR (Crane Model # C2342W) with Florida 4x4 ceramic file Potter's Choice Apron & Surround $1800.00 Flooring: Standard 61b pad with Mohawk Wolverine Carpet (LR, Hall, BRs, Steps) 1/4 sub flooring with Congoleum Valu-Flor Vinyl (kitchen, DR, bathrooms, utility, ~tt'y) Ceramic upgrade: Florida 12x12 ceramic file (Aspen) Foyer/entry $120.00 Mud Room $225.00 Kitchen/ Dining Room $1395..00 Main Bath $243.00 Master Bath $322.00 Hardwood upgrade: Noble house 3/4 x 3 1/4 Oak Hardwood Kitchen/Dining Room $1395.00 Living Room/Hall $1735.00 Alloc Laminate Home Flooring (1400 sq.ft) $3890.00 Signature Date .~« Garage: Insulation (R19 in walls) $400.00 Cabnetry: Standard Branson Kitchen (oak with raised panel door) Standard Branson Vanities (oak with raised panel door) Countertops: Laminated in kitchen Cuhured marble in bathrooms Appliances: Standard selections include: L~CiE dishwasher Model #GSD26009W 10 y GE range hood Model # J0347HW W Optional Appliances: GE Range Model # JBP64~, $605.00 AGE 1Vlicrowave hood Model # JOM1430WD $242.00 GE Refrigerator Model # GSS25IFPWW $1155.00 GE Washing Machine Model # WBSR314001010 $407.00 GE Dryer Model # DBXR453EDWW $352.00 Optional Fireplace: Model # SL-750TRLP D ~irect Vent LP Unit ~ Standard with tap/bottom louvers and mesh $2875.00 Stone Optional: 50 sq. ft. minimum (n3 $12.00Isq.ft. Price based on pre-construction selection. Prices subject to change without notice. Substitutions of equal or greater value may be made. Signature Date ~~~~~~~ .,L ~r,~'u;o. ~~'1 -i - ''~ 4 PLUMBING 1.6 gallon commode and water closet (2) 60" 1 piece fiberglasstub/shower (2) - - 42 gallon energy saver water heater Single porcelain lavatory bowls with vanity, medicine cabinet, & side light (2) PVC drain lines Peck's tubing hot & cold water lines with manablock Shut off valves throughout Outside water hookups (2) Washer hookup Dryer vent ~LECTItICAL Power vent fans with lights (2) 200 amp service GFI protection for bath, kitchen, outside, aad basement Electric range receptacle and breaker 10/3 wire'for dryer with double 30 amp breaker 4 phone jacks 4 cable jacks MISCELLANEOIIS Half inch drywall, finished, painted white on white Gas heat with AC unit /~G!/~ -Vuryl with'/4" sub-flooring ,68~ 7~ . 2bx24 2 car garage __~ _~ ~ir~ade an .dam yard ~ Stone drivewa- Base House Price: $110,400.00 Signature Date Clouser I S12 sa. fx ranch CON. STRIICTION Roof sheathing 7/16 OSB Roof trusses @ 24" OC Flooring 3/~ T & G 2x6 constructed exterior walls with 8' ceiling Interior 2x4 walls (a316" OC 2x10 floor joises ~ 16"OC Exterior wall sheathing 7/16 OSB R19 ceiling insulation R19 exterior wall insulation t) .. .. .. g, and kitchen area 12 course block basement walls. (unfinished) 24' x 6' covered front porch EXTERIOR DOORS. WIl~TDOWS. & TRIM White soffet, face metal, & roof trim White seamless gutter & spouting vmyi siding Architectural 30 year shingle Schlage locks on exterior doors Shutters on '~~dows Single hung, tilt, all vinyl windows, & screens, with optional grids Steel insulated 9-light doors for front and side (2) Foam insulation around doors and windows White torch style lights at all exterior doors 6' French door in rear 2- 9x7 raised panel overhead garage doors KITCHEN Single lever facets by Sterling or Moen Formica countertop Formica back splash 36" refrigerator opening Hanging dining room light Kitchen facet with sprayer Double, 8" stainless steel sink Base and wall cabinets INTERIOR DOORS ~'c TRIM 6-panel interior doors Colonial molding White wood jams s;~ White wood kick board trim throughout El~f'A• ~~ ti ~~ ~~ U O 2 Q a w z 0 t "A" a N -~ -~ '~ H S C ~ y _, _ ~, ~ ~ O" A d m ~ ~ N ~.:d ~ ~ a oma.. ~~ ~ ~ _, m ~ ~ N C ran ~ O v ~ -~ - a 3 m ~ d ~o w o m ~ V c .~ a~ o n •* = 3 0 ~ 'a ~ _N ~ ~ o ~ a ~ ~ ~ ~ o ~ .{~~ m~~ m ~' Z N rt ~ _~ ~~ H m 5. ~ o~'~< m ~ ~ o ~ -~ ~ .~ ~, _' c ~?. s N Z Cti m Z m m o~ ~~ O O ~o~v ~ c m ~ ~ p A 3 ~ ~ a m -1Z~ ~ ©r""~ p Z ~ ~ v~ ~a ~ i ..~ ~. 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Wa net .~ Contracting Electrical - Plnmbi®g -General 511 Radle Road Elliottsburg, PA 17024 717-582-3688 4/17/Z007 Estimate for: Joyce Clouser Please find below an itemized estimate for the problems at Joyce Clouser's house: 1. Remove top course of blocks and fill hollow wali blocks with concrete. Replace hollow cap blocks with solid cap blocks as per engineer's recommendation. $10,800.00 2. Repair posts by installing temporary support posts acid re~tiiove the now existing posts. Construct a footer and reset the support posts. X1,250.00 3. Level AlC condenser pad and replace rear patio to obtain proper e• $2,000.00 4. Connect sub pump pit by removing 5 gallon bucket and replacing with proper constructed pit. $875.00 5. Install sleeve in basement wall for well pipe to prevent leakage around well pipe. $120.00 6. Reinstall insulation in basement. $495.00 7. Repair' spouting to prevent water from running between gutter and fascia' $315.00 8. Reinstall hose bibs. $215.00 Total estimate $16,070.00 ~e c v A (D ~~ n o VI '~ m '~ N N ~r-C z~ ~~ m m m z m m N o i co i w i o 1 rn 1 cn i .~ i w 1 ro 1 -~ i o co w a rn cn ~ w rv i p (() p ~ D v c m > v ~ m m O ~ D N ~ ~ N ~ ~ m N N ~ ~ v m O ' v ~ N ~ ti ~ 2 ° O m n '° Z O b a ~, ~ ~ ~ m D m o r'r~ l m ~ x Q G Q O -- - - - -- - -- - - - ~- -- - ~ o ~n~~~~ ~ ~. ~`~~ ~~~~ ~zp "$~ ~(Q ~y ~.~ ~_~ N ~ ~ 3 ~~ i ~; ~~o ~~.~~a~ ~~~ ~~o z~~~ ~? m ~~;~aQ, y 2~~y'~e~o ~ "~~ ~ ~ ~~ ow ~ ygm y ~°-'~$.~ a' a ~ ce ~ ~' °: ~o~~ ~~,~ g.y ~, ~ ~. ~~ fA n 3 a 0 Q C~ ~ ~ m a ~ ~ c° .~ ~., m Fo g ~ ~ ~ ~ m ~ ~ ^ _ c y p i ~ - Q A Y } °O~ ~ o D c a c ~ m 3 ~ m G~ .. r ~ W ^V~ ~ ''+ ~ - _ ... VV~~~ O v ~ N V O ~' ~ ~~ ~. z C N~~~~ ~ ~ ~ m m W~~7C7 ~ ~ ~ ~-+ O ~ 2 t0 A7! C T'i C t0 V ~ 1 ~ ~ 1~^N eo 0 J I ~ L Page Y of 1 s ~~ ~ ~I~~ioNass ~ ~ ~ T .~ ~ 37i~. tiP-~a~a-Oros • '- ~,~'° ' , . - ~ 7 a~ida~ 'airy{ ,3Pd .~ Owe a ~.. /~ /: ~' .. ~~ ~ O~adec of W ..Q~~~.C,o $ ~ - - - , 6tl Qoitacs ~ ' ~' W~YMIfACTiIRFJISiTpApEp5lpUSiCOYPANY. 4 / ~ :TaNENEDCE OFf1CE ~ y x:03130 2955: 9839~i36ti L n` 0 3~ ~'0000050000i~' ew ir.aa 1-rw ap ~ onw aaarr craw ~ ~~MS Sat nn iri +arLaaaaaaa w~ ~ ; a !1~ M~ mow. rw +r.r ~ +s~+w..r.wr~ " r----- - - - ---• -- --- --- -- - -- - -- - - _ - -_ -_ - ... ~ I t ' ,~ ' ~ %, _ ~o t s~r~~ i~~~ ~ ~ ~ _ ?~ S3 .e te~ - ~ ~~ ~~ - ~.E~-l-~T BA[7 - - s7lc'S~ 1i~9 S t ~Q p~ ------ -- -_ -i j 3 Posting Date 2006 Jul 26 Research Seq # 5483655788 Account # 9839436418 Check/Store # 334 DB/CR DB Dollar Amount $500.00 Bank # 096 Branch # 04345 Deposit Acct # 0 ~"' http://pc-ncrwebl .firstmd.com/inquiry/servlet/inquiry 11/6/2006 Page Y of 1 .~ , ` ~ ~~ - - - . ~ -~ a ~~ .,~~ MKT TANK lroMtML06EOi ifN10E~f T11ui1 COr~IWr ~ Mlaw ~CLCC~" j~ f _ L~" , ~:03i3Q2955~: ~839436ti~ ~~ 352 .+0000200~00.~' ~! ~~7]7l23]07 FIRST NATIONAL BANK eeB .~ggl1 08142006 MIFFLZzNTO4~IN . PA <~3i3-1~2ib O~1Ot?QO4Q FRB-F'NXL~@288@262 06 ®i8@@1@@@@7 ENT=4~9 TRC=4242 PK=08 ~ ' '' •, ~' - ~ P~OE~ESSED-!f!T BaLT :.., •= A61i~!@b I961 Posting Date 2006 Aug 14 Research Seq # 5315856877 Account # 9839436418 Check/Store # 352 DB/CR DB Dollar Amount $2,002.00 Bank # 096 Branch # 04345 Deposit Acct # 0 0 G 0 1/d6 el ^! _' a ~ o! ~~ ~, r - 's =i ~I ~i m 2 O O x M http;//pc-ncrwebl.firstmd.com/inquiry/servl~t/inquiry ~" 11/6/2006 No~~~a~u ~-~u~seaPi~c 72 Tapeworm Road tdEW BLOOfvIGIELD; PA 17068 582-8793 BILL TO JOYCE CLOUSER 7 IRISH GAP ROAD NEWVILLE PA 17241 DATE 10/5/2006 DUE DATE 10/16/2006 DESCRfPTiO~I RATE QtlANTlTY AtvI0t1NT SPREAD TOPSOIL IN REAR LAWN 150.00 150.00 INSTALL NEW LAWN IN REAR OF HOME 1,633.92 1,633.92 b~ ~ ~~ ~' q ~ • ~ qD b ~ '1 i i'hank you for your business. TOtal $1,783.92 ''~' ~~ 706 Ce'cttervil~e Rd ~e~~lle FA 17241 717-486-~ 165 _ _ - Sf LL TO_ LOCATION: t Circls One ~ Pi~ane 11fQ.-- t ~'~~t _ ~~.~---._..~ :HECK !CHARGE ! CASH ORDER DATE --~.=_lC ~r~~ -- _ [~9Ca~RED BY INSTALL DATE. - - -- 'Ao~yment ~oiicy; l~terlals must pe paid In fuiF prlar tQ ordering, labor due when ita installed. ~ ~ . _Z._.. : _...~ ~ ~ ~ j `_ ~_ ~~~ t ~ _ __.___._. _.... _. -~ ~ _ .~ 1 ~ . ~- I ~ ~ i - _ ----; , M1 ` ~ ---- --- . F f }}~ _. ~ '' ~ j ~ ~ .~_. ' { ~._._i ~ -r __ . _i -. -I 1 '! __ _ ~.i... -._._ __~ .~_ ----{ I i i `` 1~ •i ' -- 1 - Please make Ghscks payabte;o: Moor Floors ~ ~atarial ~ Tax _..._.._ ._. ~ _._--- - TERM$ t)F BALE ALL SAL{~S F1NALli Labor , ~ A4 p~iucte ere specla! ordered ertd non returnable. All deleetive goods ere exchange- TQTAR ~U~ ~ ___ __ able subject b rnanufaaturers replacement reg;,IQtlons, If the wrong urociuct is ehl~ed ,~ to u5, a delay in Instafiation may result . Ftowevor, tf this cccurs, we7! do our bast Ip PAymtlt-i accorrunodate your needs. '~" BelaASe I ~. __.-____ ,~ v °~ \V, ~l~ ~~ ~ _ ~~~ ~~ ~ p ~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-05474 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLOUSER JOYCE E VS HENRY ROBERT D ET AL SGT. JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HENRY ROBERT D TDBA HENRY'S CONSTRUCTION the DEFENDANT at 1145:00 HOURS, on the 28th day of September, 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to ROBERT D. HENRY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ~%l~ Sworn and Subscibed to before me this So Answers: 18.00 ~ 12.4 8 .~.%o~~ ~ i~ .00 10.00 R. Thomas Kline .00 40.48 09/28/2007 FREY & TILEY By . - ~~ _ ~ ~ V~ day Deput Sheriff of A.D. AHC~-i&I~ IIP 36 S. Hanover Street Carlisle, PA 17013 (717)249-0900 JOYCE E. CLOUSER PLAINTIFF ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO.: 07-5474 Civil CIVIL ACTION -LAW NOTICE TO PLEAD TO: Joyce E. Clouser c/o Stephen D. Tiley, Esquire Frey & Tiley 5 South Hanover St. Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Defendant's New Matter within twenty (20) days from service hereof or a judgment may be entered against you. . ~~ / ,__ DATE. ~~ ~ ~ GAG-- L_. John W. Carter, Esquire A~o1rr&Kvlvr.~.s~ IIP 36 S. Hanover Street Carlisle, PA 17013 (717)249-0900 JOYCE E. CLOUSER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA PLAINTIFF NO.: 07-5474 Civil ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION CIVIL ACTION -LAW DEFENDANT DEFENDANTS' ANSWER AND NEW MATTER Defendant, Robert D. Henry, t/a/d/b/a, Henry's Construction, by and through its counsel, Abom & Kutulakis, L.L.P., who respectfully answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is specifically denied that Defendant failed to properly construct the house. It is specifically denied that Defendant failed to properly construct the house in accordance with building codes, the contract or the plans. Strict proof is demanded at trial. 7. Denied. It is specifically denied that Defendant has performed any work in a poor, improper or unworkmanlike manner. Strict proof is demanded at trial. 8. a. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations. By way of further answer, it is denied that the sill plate was not installed. The sill plate was installed and is present. b. Admitted. By way of further answer, Defendant informed Plaintiff that this could be corrected. Plaintiff never contacted the Defendant to allow him to do this work. c. Denied as stated. It is specifically denied that Defendant installed the rear patio and rear A/C concrete pad improperly. It is specifically denied that the rear patio and rear A/C concrete pad are not properly supported or became tilted and directed water against the foundation. Strict proof is demanded at trial. d. Denied as stated. It is specifically denied that the sump pump was improperly installed. Strict proof is demanded at trial. e. Admitted. f. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations; therefore, same is denied. Strict proof is demanded at trial. g. Denied. It is specifically denied that the gutter and fascia were installed improperly. Strict proof is demanded at trial. h. Denied. It is specifically. denied that the hose bibs were improperly installed. Strict proof is demanded at trial. 9. Denied as stated. Although an estimate is attached, the Defendant disputes the amount quoted to fix any of the problems alleged in the previous paragraphs. Strict proof is demanded at trial. 10. Denied. It is specifically denied that the front porch was installed improperly. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations as to whether the water runs toward the house, down the basement wall and seeps into the basement; therefore, same is denied. Strict proof is demanded at trial. 11. Admitted and Denied in part. Defendant admits that the contract called for grading and seeding. Defendant admits the Plaintiff attached a bill for landscaping to the Complaint. All remaining parts of paragraph 11 are denied. Defendant specifically denies that he stripped top soil from the lot. Defendant specifically denies that the soil and shale that the Defendant put into the yard would not support grass. Defendant specifically denies that he refused to remedy the landscaping. Defendant is without knowledge as to why the Plaintiff was allegedly forced to hire a landscape contractor. Defendant denies that the total cost of the work was $7,485.92. Strict proof is demanded at trial. 12. Denied. It is specifically denied that the outside cellar door or steps were improperly installed. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the remaining allegations. Strict proof is demanded at trial. 13. Denied. It is specifically denied that the molding along the floors in the living room and dining room was improperly installed. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the remaining. allegations. Strict proof is demanded at trial. 14. Denied. The allegations contained in averment 14 are denied to the extent this averment contains conclusions of law to which no responsive pleading is required. To the extent an answer is required, the Defendant denies that the Plaintiff's residence was improperly constructed. Plaintiff had work done on the gutter system and the slope of the ground by other contractors, after Defendant completed construction, which is the direct cause of any moisture problem in the basement. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the cost of any damages or repairs to the basement. Strict proof is demanded at trial. 15. Denied. It is specifically denied that Defendant has failed to cure, or refused and still refuses to cure. It is specifically denied that Plaintiff made demands to cure. Strict proof is demanded at trial. COUNT II 16. No response required. 17. Denied. The allegations contained in averment 17 are denied to the extent this averment contains conclusions of law to which no responsive pleading is required. To the extent an answer is required, it is specifically denied that the Defendant improperly constructed the house. It is specifically denied that construction performed by the Defendant caused the house to be in a defective or unsafe condition. Strict proof at trial is demanded. 18. Denied. The allegations contained in averment 18 contain conclusions of law to which no responsive pleading is required. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations that there is a persistent accumulation of mold in the house; therefore, same is denied. To the extent an answer is required; it is specifically denied that the Defendant improperly constructed the house. It is specifically denied that construction performed by the Defendant caused the house to be in a defective or unsafe condition. It is specifically denied that Defendant breached any implied warranty of habitability as a builder of new residential constructions. Strict proof at trial is demanded. NEW MATTER 19. To the extent that discovery in this case and the facts produced at trial demonstrate the availability of any of the affirmative defenses preserved by virtue of the provisions of the Pennsylvania Rules of Civil Procedure, the defendant reserves the right to offer such facts in support of any such affirmative defenses so preserved. 20. Defendant reserves the right to amend this Answer and New Matter to plead the existence of any additional affirmative defenses that may become available or known to the defendant in the course of discovery of this case or subsequent to the time of filing of this Answer and New Matter. 21. Plaintiff's claims are barred and/or limited by Plaintiff s comparative negligence and/or contributory negligence. The defendant asserts the provisions of the Pennsylvania Comparative Negligence Act, 42, Pa.C.S.A. §102, as an affirmative defense to Plaintiff's claims. 22. Defendant asserts that the Plaintiff's claims were caused by intervening and/or by superseding causes not within the control of the defendant. WHEREFORE, Defendant respectfully demands judgment in its favor and against Plaintiff along with costs, fees and other damages as the Court deems appropriate. Respectfully Submitted, ABOM & Sy LLP ~~~ ~ John W. Carter, Esquire Attorney I.D. 202849 36 South Hanover Street Carlisle, PA 17013 Aiio~r~ey ~arD~e~endc~tt CERTIFICATE OF SERVICE AND NOW, I, John W. Carter, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Answer and New Matter by First Class U.S. Mail at the following: Stephen D. Tiley, Esquire Frey & Tiley 5 South Hanover St. Carlisle, PA 17013 DATE: ~ d / ' ~ D 7 Respectfully submitted, ABOM&KUIVI.Agisy IIP ry fit L John W. Carter, Esquire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Ro ert D. Henry ~ ~ ~ Q ~ -r,; ~ y Q Lj ..'. ' ""„+ ~~ r.~. ~1 '} x ~~' ,:~ =~' ~~~' r,,,~ s~~rn - _ --t ;.~ N ~ N - C Stephen D. Tiley, Esquire Supreme Court I.D. No. 32318 Attorney for Plaintiffs Frey and Tiley 5 South Hanover Street Tel: 717-243-5838 Carlisle, Pennsylvania 17013 Fax: 717-243-6441 JOYCE E. CLOUSER, Plaintiff v. ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5474 Civil CIVIL ACTION -LAW ANSWER TO NEW MATTER AND NOW comes the Plaintiff, Joyce E. Clouser, by and through her attorneys, Frey and Tiley, and files this Answer to Defendant's New Matter, of which the following is a statement: 19. Denied. Except for the affirmative defenses of assumption of the risk, comparative negligence and contributory negligence which need not be pleaded (Pa. R.C. P. 1030(b)), but which have been pleaded at paragraph 21 of the New Matter, all affirmative defenses must be pleaded in New Matter, have not been pleaded, and therefore are waived. (Pa. R.C.P. 1030(a)) By way of further Answer, the averments of this paragraph set forth conclusions of law to which no responsive pleading is required. 20. Denied. 1t is denied that Defendant may reserve the right to amend the Answer or New Matter. Defendant may only do so with consent of the P{aintiff or by leave of court. (Pa. R.C.P. 1033) By way of further Answer, the averments of this paragraph set forth conclusions of law to which no responsive pleading is required. Answer to New Matter -Clouser vs. Henry Page 1 21. Denied. The averments of this paragraph are deemed denied. (Pa. R.C.P. 1030) By way of further Answer, the averments of this paragraph set forth conclusions of law to which no responsive pleading is required. 22. Denied. The averments of this paragraph have not been pleaded with sufficient specificity for Plaintiff to formulate an answer, and are therefore denied. Plaintiff has no knowledge of any "intervening acts" or "superseding causes" which caused the damages averred by Plaintiff. The averments of this paragraph set forth references to other "acts" or "causes" the existence or relevance of which is solely within the knowledge of Defendant. Strict proof at trial is demanded. WHEREFORE, Plaintiff prays Your Honorable Court for a judgment against the Defendant in the amount of $35,000.00, or for such other and further relief as to the Court may seem just and proper. Dated: ~1~~' /..,~1 v~O~ Respectfully submitted, Frey and Tiley, Ste en . Tiley, Esquire Attorneys for the Plaintiffs 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 Answer to New Matter -Clouser vs. Henry Page 2 ', '. VERIFICATION I verify that the statements made in the foregoing Answer to New Matter are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Complaint to Quiet Title is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made and subject to tfie penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: /1~'`' ~~~ ~`~`'~ Joy e E. louser Answer to New Matter -Clouser vs. Henry Page 3 JOYCE E. CLOUSER, Plaintiff v. ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5474 Civil CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Stephen D. Tiley, Esquire, Attorney for the Plaintiff, Joyce E. Clouser, certify that on this date I served a true and correct copy of the Plaintiff's Answer to New Matter, by regular United States mail, postage pre-paid, upon the following: John W. Carter, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Date: November ~~ 2007 ~~ ~ ~ St~"phen"'D. Tiley, Esquire Frey and Tiley Attorney for the Appellant 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 Answer to New Matter -Clouser vs. Henry Page 4 N O t_ ~~ ~i~ ~ rt? fi r1 C,J "r1 G_ '.' ~ .C ~ W ~~ ~ ~ .~ IU N JOYCE E. CLOUSER, Plaintiff v. ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5474 Civil CIVIL ACTION -LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stephen D. Tiley, counsel for the plaintiff in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $35,000.00. The counterclaim of the defendant in the action is $ N/A 3. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to it as arbitrators: Stephen D. Tiley, Esquire, Robert G. Frey, Esquire, Wayne Melnick, Esquire, John A. Abom, Esquire, and Jason P. Kutulakis, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, _( /r~~y /~, ~~o~ j By . ~ ~ 7 Stephen . Tiley, Esquire Frey & Tiley Attorney for Plaintiff 5 South Hanover Street Carlisle, PA 17013 Tel No. (717) 243-5838 Supreme Court ID# 32318 ~,.. ,~.~,.., ?QQ ~,1 ~ y 9~<<t' 1 (+ ~ !¢ r ~ ~~/, C~D`vd k1Yy 1~/~7 c,~~ qoo ~ ,ems a- a S"3 S3 JOYCE E. CLOUSER, Plaintiff v. ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5474 Civil CIVIL ACTION -LAW ORDER OF COURT AND NOW, May o~ , 2009, in consideration of the foregoing petition, ,Esquire, Esquire, and , Esquire, are appointed arbitra ors in the above-captioned action (or actions) as prayed for. By the , ~ ~ ~,,,,y Edgar B. Bayley, P.J. _-., ~_ ,S_. f v ~t :.~ ---~ { + F ~."' ~w~~ wl F"\'. s~'~ C~ C'~ .~ .~~' ~~ =-_ ..._ ~ :..1.. ~~ ~~ ~' C ~~ K 1 JOYCE E. CLOUSER, PLAINTIFF V. ROBERT D. HENRY; t/a/d/b/a HENRY'S CONSTRUCTION, DEFENDANT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5474 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2009, the appointment of James D. Hughes, Esquire, as the chairman on the Board of Arbitrators in the above-captioned case, IS VACATED. Roger B. Irwin, Esquire, is appointed in his place. /Roger B. Irwin, Esquire Court Administrator :sal op c. `~ 1 ~~ =~ Fwr Edgar B. Bayley, J. _„_ ~ =~~ ~=~ ~_, . f,_ ,~ - `;,~y --. - - = ~ .~ ~ ~ ~ L'_ c_x-~ c.:w ..'e r ~ r t..3 N JOYCE E. CLOUSER Plaintiff ROBERT D. HENRY, t/d/b/a/ HENRY'S CONSTRUCTION Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 - 5474 Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ~,.~//') Sighature ignature Signs e Roger B Irwin, Es4. Name (Chairman) IRWIN & McKNIGHT Law Firm 60 West Pomfret St Address Joanne H Clough. Esq. Name Law Firm 3820 Market St Address Susan H Confair. EBq. Name ~~ n ~~u ~. en7.F.R Law Firm 2331 Market St Address Carlisle. PA 1.7013 Camv Hill PA-_ 71 011_ Camn Hill PA 17011 Ci Zip City, Zip City, ZiP ty~ Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ~,</~ F~.vD ~'.~ GyWJi1 ~,= TL4 /~~i4iN ~'iir ~N ~ ,ter oG r2(o oSS. q~- . Arbitrator, dissents. (Insert name if applicable, Date of Hearing: ~ ~ i~ Lu a 9 Date of Award: e*~ ~ w~i Notice of Entry of Award (Chairman) s~~~ l K~.. ~,.~~s ;~.~-~~ ;x~ ~ <-: the ~~Slay of 20 , at ~ ~ , ~M•~ the above award was Now, entered upon the docket and notice thereof given by mai to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $~ ~ C~ U/) By: Prothonotary Deputy nM T1..~4.. D ~ 1','l`~l~ti 2GC9 GC~~ t 9 APB ~~ ~~ ,,,, , ~, ~, t.,~>> ~t_~i ~w~T. 1 r ~/~1 ~t f r ~ . ~ ~ )r i f L ~~.~ ~ ~ CQ ~t ~~ ~ ~ Y ~~ ~~-~.~~ ~ fir'? Y 1 ,~ ' .. 1 ~ ... ~,y w,. .~ 4 .7' • r~. ~ ! JOYCE E. CLOUSER Plaintiff V. ROBERT D. HENRY, t/d/b/a/ HENRY'S CONSTRUCTIUON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5474 NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Robert D. Henry, Defendant, appeals from the award of the board of arbitrators entered in this case on October 19, 2009 A jury trial is demanded ^. (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that: 1. The compensation of the arbitrators has been paid, or (Strike out the inapplicable clause) _~ ii iii ~ ,~ iv~~ i 'Wayne Melrfick Attorney for Appellant Attorney I.D. No. 53150 2 West High Street Carlisle, PA 17013 (717) 249-0900 JOYCE E. CLOUSER Plaintiff ROBERT D. HENRY, t/d/b/a/ HENRYS CONSTRUCTION Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 - 5474 Civil Action -Law. Oath We do solemnly sweaz (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office /wi~th'fidelity. ~J Signs Sig3rehtte ignature ' Roger B. Irwin, Esq. Name (Chairman) IRWIN & McKNIGHT Law Firm 60 West Pomfret St Address Carlisle, PA 17013 City, Zip Joanne H. C1 oLQh. ~;sq. Name Law Firm 3820 Market St Address Camp Hill. PA 17011 City, Zip Susan H. Confair. esq. Name RF.A(;F.R R AT)T.F.R Law Firm 2331 Market St Address Camv Hill. PA 17011 City, Zap Award We, the undersigned arbitrators, having been duly appointed and sworn (or armed}, make the following award: (Note: ff damages for delay are awarded, they shall be separately stated.) ~t/~ F/ A/ D r .J ~~{-~/~,yt LZtr ~itr ~~AiN t~ Fr i •y /1~,~ r4~-yJ.~r o,~ '~2tfl. osS 9i .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: d~ W w o 4 Date of Award: e..F ~ w~_ Notice of Entry of Award ~ ,~`:; ~ , ~`a 1 .p; ~~,~ I..H.1 C.:.':J:~Miw- Now, the ,~-day of 20~~ at ~:3 ~/ , ,~M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ~.~~C~ By. Prothonotary Deputy 11 ~-, 1^ LLL%~ ;~f'..fl.. 2CQ9 OAT i ~ At-i E~ a~ ~+1.'1:~ '• ~rY -J:.; i ~ I ~0 L'i ~~~ ~Q ~£~ ~ L ~t~~i~ ~~ P ~~ S? `-~; Le7 Y: x ~~~ ~~ . ~ ,.. a- CERTIFICATE OF SERVICE AND NOW, this 27t" day of October, 2009, I, Shannon Freeman, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Notice of Appeal from Award of Board of Arbitrators by First Class U.S. Mail at the following: Stephen D. Tiley, Esquire Frey & Tiley 5 South Hanover St. Carlisle, PA 17013 l Shannon Freem CAF' TFt~P~Tf~-~ b~ARY ZOQ9 OCT 26 PN 3~ 3 5 n: a; ~ 3~~.c~7 n ., ~~ _:~d _ L L'~. /~~~ 71~ JOYCE E. CLOUSER Plaintiff ROBERT D. HENRY, t/d/b/a/ HENRY'S CONSTRUCTION .Defendant Law Firm We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signs •e Signature ~ Signature Roger B. Irwin, Esq. Joanne H. Cloughi Esq. Susan H. Confair. Ebq. Name (Chairman) Name Name IRWIN & McKNIGHT Law Firm 60 West Pomfret St Address 3820 Market St Address In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 - 5474 Civil Action -Law. Oath RF.AGF.R ~, AT)T.F.R Law Firm 2331 Market St Address Carlisle, PA 17013 Camp Hill. PA 17011 Camp Hill. PA 17011 cty, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awazded, they shall be separately stated.) i4-/f~t~h/Air oG y2(o, OSS. 9L J _. '~.'~T~ '~.~w. "y _.. CUR7t~fijt~4~li//~ri-~t~i~jlti~~tt~'ItiN1(t~111~~~111~ y~~~^: 1~~~.M~~~L: Nc~.µ...•^ Y_ Cumberland County t r { ! 'F N n [ L ,~Fi- Suite 100 ~ I' ~T7~ One Courthouse Square .~,y,~ ~ ~ ~~~~~D' Carlisle, PA 17013 tt„~~ '= ~ ~ ~~ Ir r J.J, +'` -'~~y~~~ ~S ~!! ~~ 6- ~~~600t 1(~f~J (,*+,~ .,.. g4P~ ~,~'M ~.~~iao! 7 arNi 02 1A 0004631598 CG' MAILED FROM ZIP CG ER JO AB _ ULAKiS 1.~I.F- CARLTSLE PA 1T3:t,3~ a, ~~~%%%""" FLl iM~'=~~:~'~~ _~~ f,,,itl,~tlll~s~,,,~l,tfilt~li~t,lt,ttl~ll„I,itit,Iti~ftittH ABOM dZ' I~LITLiLAKIS Jason P. Kutulakis, Esquire Attorney I.D. No: 80411 Melissa P. Tanguay, Esquire Attorney I.D. No: 307155 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 JOYCE E. CLOUSER Plaintiff v. ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Defendant r ~F it ~~^.r~ ` - ,.-t'~ ~i~- 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5474 CNIL ACTION LAW Please enter our appearance on behalf Defendant, Robert D. Henry, t/a/d/b/a Henry's Construction, in place of Wayne S. Melnick, Esquire, in the above-captioned matter. Respectfully submitted, &gtrruz.~r~S, LLP DATE /~~ DATE ~ ~ ~ 1. ` Jaso P. Kutlxlakis, Esquire 2 We t High Street Carlisle, PA 17013 (717) 249-0900 ID No. 80411 ABOM & ~UTULAKIS~ T T.P Melissa P. Tanguay, Esquire 2 West High Stteet Carlisle, PA 17013 (717) 249-0900 ID No. 307155 AND NOW, this 22nd day of July, 2010, I, Sally Evans of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Substitute Counsel by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: Stephen Tiley, Esquire Frey & Tiley 5 South Hanover St. Carlisle, PA 17013 (Attorney for Plainti~ Sally Evans __ OM ICST � TA KTULAKIS 14 n Ph i 1+2 2� FEB FE8 2 I Jason Kutulakis, Attorney : 4 CUMBERLAND COUNTY 2 West High Street PENNSYLVANIA Carlisle,Pennsylvania 17013 (717)249-0900 JOYCE E. CLOUSER : IN THE COURT OF COMMON Plaintiff : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 07-5474 ROBERT D. HENRY,t/a/d/b/a HENRY'S CONSTRUCTION : CIVIL ACTION LAW Defendant MOTION TO WITHDRAW AS COUNSEL AND NOW, this 215t day of February, 2014, comes undersigned counsel, ABOM & KUTULAKIS, L.L.P., by Jason P. Kutulakis, Esquire, who respectfully requests this Honorable Court grant this Motion to Withdraw as Counsel for Defendant, Robert D. Henry, t/a/d/b/a Henry's Construction, in the above-referenced matters and, in support thereof, respectfully avers the following: 1. Plaintiff,Joyce E. Clouser,is represented by Stephen Tiley, Esquire,in this matter. 2. Defendant, Robert D. Henry, t/a/d/b/a Henry's Construction, is represented by and through his counsel,Jason P. Kutulakis of Abom&Kutulakis,LLP. 3. On or about October 18, 2007, Abom & Kutulakis, LLP, entered their appearance in the person of John W. Carter, Esquire. 4. It is believed and therefore averred that a professional conflict of interest exists as Defendant has failed to abide by the agreement with undersigned counsel. 5. Undersigned counsel cannot effectively represent Defendant when he refuses to abide by the agreement with undersigned counsel. 6. Undersigned counsel contacted Stephen Tiley, Esquire, counsel for Plaintiff, regarding his position on this motion. Attorney Tiley has indicated that he does not oppose this motion. 7. Undersigned counsel contacted Defendant, Robert D. Henry, who has indicated that he concurs in this motion. WHERERFORE, undersigned counsel respectfully requests this Honorable Court grant his request to withdraw as counsel for Defendant, Robert D. Henry, t/a/d/b/a Henry's Construction, in this matter. Respectfully submitted, ABOM&KUTULAKIS, L.L.P. Date 41/ _Jaso P. Kutu as, Esquire 2 W st High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 80411 J CERTIFICATE OF SERVICE AND NOW, this 21" day of February, 2014, I, Shannon Freeman of Abom & Kutulakis, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Motion to Withdraw as Counsel by First Class U.S. Mail addressed to the following: Stephen D. Tiley, Esquire FREY&TILEY 5 South Hanover Street Carlisle,PA 17013 AND Robert D. Henry Henry's Construction 43 Irish Gap Road Newville, PA 17241 nnon Freema i ti 1 JOYCE E. CLOUSER : IN THE COURT OF COMMON Plaintiff : PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-5474 ROBERT D. HENRY,t/a/d/b/a HENRY'S CONSTRUCTION CIVIL ACTION LAW Defendant RULE TO SHOW CAUSE AND NOW, this/1136day of Ad ZMA L , 2014, upon Motion of Jason P. Kutulakis, Esquire, a Rule is hereby issued upon the parties to show cause why the Petitioner should not be permitted to withdraw as counsel for. Defendant, Robert D. Henry, t/a/d/b/a Henry's Construction,in the above-captioned matter. Rule returnable y" days after the date of service of this Order. Service to be by certified mail upon Robert D. Henry and regular first-class mail upon Stephen D. Tiley, Esquire, counsel for Plaintiff. BY THE T: J. Distribution: - Jason P. Kutulakis, Esquire -ten _1-- tephen D. Tiley, Esquire rr � � C �y ' 1 a/a.�fey J��..