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HomeMy WebLinkAbout08-0684'0 -,b ; COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ?- Oo r I K 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 District Justice on the date and in the case referenced below. mow'. DIST, W. NAME OF D.J. / - IAr4-/L 0.040 (( 1&1 ADDRESS OF APPt1 LLOWT 10 C kA4-4 e-S V • Gy/??TyA)_ ?c (?J - S RATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (Pleintilt) ?-" "? CJ () &" --- -- Ql - ?e "08' Lim 4- rr.acr- IAA Clod, ve CV - 0000 38r6-- 0`7 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 District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was claimant-1se"a. R.C.P.D.J. No. 1001(6) before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. SOW- of P-thondwy -DepW 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 before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appeftee(s) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or atbmey or agent RULE: To , appellee(s) Name of app #WA) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 Signature of Profbonolary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made TWO of official My commission expires on 20 rl s-Y -Al- T *!VA1ASNN3-1 $ + : Wd E Nei' eo8t AW1QN&j.Qdd jo 69-- & kU Cav 01 . A, MONWVEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT rnl Ir\ITY nF• CUMBERLAND CIVIL CASE Mag. Dist. No.: 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 BARRY & TRACEY WOOD 1110 CHARLES STREET MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT - -- ® Judgment was entered for: (Name) _ ® Judgment was entered against: (Name) in the amount of $ HERTZ-A-CRETE CONSTRUCTION PLAINTIFF: NAME and ADDRESS BARRY & TRACEY rNOOD , 1110 CHARLES STREET MECHANICSBURG, PA 17055 L J vs. DEFENDANT: NAME and ADDRESS FE-A-CRETE CONSTRUCTION 18 N.GRANTHAM ROAD DILLSBURG, PA 17019 L J Docket No.: CV-0000385-07 Date Filed: 10/18/07 _ (Date of Judgment) - 1116108 & TRACEY Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. D.: :+ 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 $ .00 Judgment Costs $ .00 00 Interest on Judgment $ . Attorney Fees $ .00 Total $ .00 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCERT &QTHERWISE PROVIDED IN THE RULES OF.CIVIL PROCEDURE.FOR,MAGISTERIAL,DISTRICT JUDGES; IF THE J17-15G'MENT'HOLDER ELECTS TO ENTER THE JUDGMENT IN THE`COURT,OF COMMON PLEAS, ALL FURTHER PROCESS MUST . COMET OM THE COURT OF COMMON PLEAS AND, NO FURTHER PROCESS`MAY BE ISSUED BY THE MAGISTERIAL DI$TRICT 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. My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED:. 1/18/08 11:37:00 AM n C +`?? c C) ? ? ,,r ? ? W _"a "' ? ? ! r`?' ? ice =` ? emu. .. 'ihw 3 ? f ( ?''I? ? .. ? ?- ? y , a 1 V( CERTIFIED MAIL,., RECEIF (Domestic Mail Only; No Insurance Covers, L o t 0 '41 9000 Postage Ln EM Certified Fee A 7? O P Postmark E:l Return Receipt Fee (Endorsement Required) a ' { ° { ! Z Here fU Restricted Delivery Fee '1' 3 1 CIO (Endorsement Requtred) - Total Postage 6 Fees i 1,??{lll?, IM u1 S ? errf To 2C?Z A, ? °?,°---?--- ---------- P0Box o. l 1?< 1ni : ,c i. - -----------•------ ?qo In PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MIDST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served t a copy of the Notice of Appeal, Common Pleas 0% ' ? *i, upon the District Justice designated therein on -fiqN (date of service) -? 20 t 1?6 ,by personal service `? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Ocr- --2 A. <--4 - on i ?. 20L)i ? by personal service by certified) (registered) mail, sender's receipt attached hereto. (SWORN) AFFIRMED) AND_qUBSCRIBED BEFORE ME THISh DAY OF 20ACM. 14 .1 lzl?&- A- - L'i'l Signature of official before who affidavit was made k k-- ` ? Title of official My commission expires on QC:.-. -.06 20QB_. X71 Signature of affiant f C"22 :ic'0"4" EAI.TN OF PENNSYLVANIA NOTARy? SEAL TIN N. LIDDICI(, Notary Public r Spring Twp., Cumberland County anmission ExD ris Oc 26, 2009 C G "1'} m ' r- rn c7v M33 Fn 7 c c -n 1 Cr% GUMMUNVVEALTt1 OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 ?r- to Gr I i4Cav, -.0it sJ G1-31 --X 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 District Justice on the date and in the case referenced below. ro r Ur nrrr=LAN i MAO. MT. NO. NAME OF D.J. &rry .ij- ?'rr c y mad p 9 -OLrk Al A-1744 ,t ADDRESS OF APPIuWNT CITY - S TE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (Plahtill) (Wend"" E - 16 ?' Q8' I3ti,-ry -rmC . y tr cw? yo }?tr-?-2 -?rE c.. ?a, s ??`?i do 417 Ize c.v _ CJ000 38-?-_ 07 This block will be signed ONLY when this notation is required under Pa. If appepant was Claimant a. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. SO-*- of ROM-09aty -Deputy SENDER: 7OMPLETE THI?, SECTION • ¦ Complete items 1, 2, and 3. Also complete A. Sig (This section of fort Item 4 if Restricted Delivery is desired. ? Agent -e District Justice. IF NOT USED, detach ¦ Print your name and address on the reverse X Addressee so that we can return the card to you. elved by (Print e) C. at eliv PRAECIPE: To Pr( ¦ Attach this card to the back of the mailpieoe, or on the front if space permits. Enter rule upon 1. Article Addressed to: D. Is delivery address different from item 17 U Ps lint in this appeal If YES, enter delivery address below: ? No (Common Pleas No Went of non pros. Hertz-A-Crete Construction 18 N Grantham Road 3. Service Type Nfantorafforneyoragent DII Isburg, PA 17019 ? certified mail ? Express Mail RULE: To ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes (1) You are n ter the date of service of this rule upon ya 2. Altlcle Number 7DD5 182D DDD5 715D 4539 (transfer rom service l (2) If you do n PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ; (3) The date of service of this rule if service waa by to* is the date of the making. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT RLE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD- COPY TO BE SERVED ON DISTRICT JUSTICE COSTIGAN AND COSTIGAN By: Angela Maione Costigan, Esq. 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 215-546-7215 Attorney for Plaintiffs TRACEY WOOD and BARRY WOOD = Court of Common Pleas, Cumberland v County, PA HERTZ-A-CRETE CONSTRUCTION and SAWKORE, INC.' Civil Action-Law 18 North Grantham Road --- Dillsburg, PA 17109 ' r7o.: 2008_684 TO: HERTZ-A- CRETE CONSTRUCTION and SAWKORE, INC. 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 AN 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 I-800.990-9108 717-249-3166 COSTIGAN AND COSTIGAN, LLC By: Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 215-546-7215 TRACEY WOOD AND BARRY WOOD : SUPERIOR COURT OF CUMBERLAND COUNTY, PA V : CIVIL ACTION-LAW HERTZ-A-CRETE CONSTRUCTION : Complaint AND SAWKORE, INC. No.: 2008-684 1. Plaintiffs are owners of a home located at 1110 Charles Street, Mechanicsburg, PA 17055. 2. On or about August 3, 2007, plaintiff hired defendant to install a patio/walkway in the rear of the garage. 3. Defendant is a Pennsylvania corporation licensed to do business in Pennsylvania and in fact conducting business at 18 North Grantham Road, Dillsburg, PA. 4. On or about August 8, 2007, the area was excavated and the patio poured. A down spout under the patio to drain any excess water was partially completed on that date. 5. On or about August 9, 2007, heavy rains lead to significant water accumulation on the roof of the home which gathered on the side of the garage. 6. The area was excavated and the patio poured by defendant without securing the basement from moisture and water infiltration. 7. Water was not directed away from the home, but toward it causing a flooding hazard. 8. As a result, water accumulated and seeped into plaintiffs' finished basement. 9. As a further result, plaintiffs suffered damages to the carpeting and padding, paneling on walls and floor boards. The basement also had moisture, mildew and mold accumulation. 10. On or about February 1, 2008, the basement again flooded and caused severe and permanent damage. 11. As a further result, plaintiffs have expended monies to install a discharge system and sump pump to keep water away from the basement. COUNTI 12. Plaintiffs repeat each and every allegation found in paragraphs numbered 1 through 11 as if same were set forth herein at length. 13. Defendant was negligent, carless and reckless in the excavation of the ground around the patio thereby causing damage to plaintiffs' home as follows: a). failing to properly grade. b). failing to properly excavate. c). failing to safeguard the site from water infiltration. d). failing to properly seal the concrete. e). failing to protect the property from flooding. f). failing to properly install downspouts and gutters to direct water away from the property. g). failing to install a sump pump and discharge system to drain away water. h). failing to level the concrete at the patio. 14. As a direct and proximate result of defendant's negligence, carelessness and recklessness, plaintiffs suffered severe and permanent damage to their home, and have had to expend monies to install a discharge system and sump pump. WHEREFORE, plaintiffs request judgment in their favor and against defendant. COUNT II 15. Plaintiffs repeat each and every allegations found paragraphs numbered 1 through 14 as if same were set forth herein at length. 16. Plaintiffs and Defendant entered into a contract dated June 1, 2007 attached as Exhibit "A". 17. To date, the work delineated in the contract was not adequately performed by defendant herein. 18. To date, plaintiff paid $7,500 to defendants for work to be completed. 19. The work that was completed by defendant was not done in a workmen like manner, was of poor quality, and was generally not done pursuant to the contract herein. WHEREFORE, plaintiffs request judgment in their favor and against defendant. Date: Angela Maione Costigan, s ire Attorney for the Plaintiffs 02/13/2008 14:31 FAX 717 697 0625 GALLAGHER-BASSETT 16003/004 COSTIGAN AND COSTIGAN, LLC By: Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Stmt, Unit 1 Philadelphia, PA 19107 225-546-7215 TRACEY WOOD AND BARRY WOOD : SUPERIOR COURT OF CUMBERLAND COUNTY, PA V : CIVIL ACTION-LAW HERTZ-A-CRETE CONSTRUCTION No .• 2 0 0 8- 6 8 4 AND SAWKORE, INC. VERMCATION OF COMPLAINT I, Tracey Wood certify that I have reviewed the foregoing Complaint and believe the allegations of fact contained therein are true to the best of my knowledge. I understand that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Tracay Wood 02/13/2008 14:31 FAX 717 687 0625 GALLAGHER-BASSETT COSTIGAN AND COSTIGAN, LLC By: Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 225-546-7215 TRACE'Y' WOOD AND BARRY WOOD : SUPERIOR COURT OF CUMBERLAND COUNTY, PA V : CIVIL ACTION-LAW HERTZ-A CRETE CONSTRUCTION No.: 2008-684 AND SAWKORE, INC. VERIFICATION OF COMPLAINT I, Barry Wood certify that I have reviewed the foregoing Complaint and believe the allegations of fact contained therein are true to the best of my knowledge. I understand that if any of the foregoing statements made by me are willfully false, I am subject to punishment. @004/004 Wood EXHIBIT "A" HERTZ-A-CRETE CONSTRUCTION & SA WKORE, INC. 18 North Grantham Road Dillsburg, PA 17109 • Phone: 717-975-9483 Fax: 766-8905 DATE: JUNE 1, 2007 JOB NAME: WOOD RESIDENCE, 1110 CHARLES STREET, MECHANICSBURG, PA 17055 ATTENTION: MR. BARRY WOOD PHONE: 856-9379 FAX J E-MAIL: BID PROVIDED BY., BRAD HOFFMI AN - WOW d" - 740 SQ. FT. (SEE ATTACHED) Scope of Work . Demolition of Existing Concrete Sidewalk an Brick P ers. Includes Off-Site Removal of Demolished Concrete and Brick. - 1 Is. Excavation and Finegrading for New 4" Gravel Stonebase and 4" Integral Colored Stampcrete Concrete Patio and Walkway. Includes Off-Site Removal of Excess Excavated Material. - 740 sq. ft. Supply and Placement of 4" Gravel Stonebase for New 4" Integral Colored Stampcrete Concrete Patio and Walkway. - 740 sq. ft. Supply and Installation 10 If. of 4" PVC S&D Underground Downspout Piping and 36" x 36" x 36" Stilling Pit at Outflow. -1 Is. Forming, Pouring, Supply and Placement of 4" 4000 psi Concrete for New Integral Colored Stampcrete Concrete Patio and Walkway. Includes Wire Mesh and Sawcut Joints. - 740 sq. ft. Cleaning, Supply and Application of Stampcrete Clear 9000 Sealer at New Integral Colored Stampcrete Concrete Patio and Walkway. - 740 sq. ft. Form Removal and Backfilling of Exposed Edges. - 1 Is. ACCEPTANCE OF BASE BID PROPOSAL HERTZ-A-CRETE CONSTR TION UNIT PRICE - ADD ANTI-SLIP GRIT TO COLOUR-SEAL SEALER - ADD $.501NET PER SQ. FT. ADD 740 SQ. FT. OF ANTI-SLIP GRIT TO COLOUR-SEAL SEALER @ FiRY CENTS - $.501NET PER SQ. FT. TO BASE BID THREE HUNDRED SEVENTY DOLLARS AND NO CENTS ?_- 370.00 ACCEPTANCE OF UNIT PRICE PROPOSAL HERTZ-A-CRETE CONSTRUCTION Pone i of 4 HERTZ-A-CRETE CONSTRUCTION & SAWKORE, ZNC. 18 North Grantham Road Dillsburg, PA 17109 Phone: 717-975-9483 Fax: 766-8905 DATE. JUNE 1, 2007 JOB NAME: WOOD RESIDENCE, 1110 CHARLES STREET, MECHANICSBURG, PA 17055 EXCLUSIONS. Permits, Bonds, Fees, Inspections, Testing, Topsoil, Seeding, Sodding, Landscaping and Plantings. PAYMENT TERMS AS FOLLOWS. 50% Due at the start of work with the remainder due upon completion. PLEASE SELECT THE DESIRED PATTERN AND COLORS FOR THE INTEGRAL STAMPCRETE ON YOUR PROJECT. INTEGRAL STAMPCRETE PATTERN SELECTION PATTERN SELECTIONS (CHOOSE ONE): BASKETWEAVE RANDOM STONE DIAGONAL BOND RUNNING BOND JUMBO ITALIAN SLATE ASHLAR SLATE HERRINGBONE COBBLESTONE EUROPEAN FAN INTEGRAL STAMPCRETE PUREST INTEGRAL COLOR SELECTION COLOR NUMBER AND NAME (PRINT SELECTION): COLOR NUMBER: SC-30 COLOR NAME: .5,j %, INTEGRAL STAMPCRETE RELEASE AGENT COLOR SELECTION COLOR NUMBER AND NAME (PRINT SELECTION): COLOR NUMBER: SR- n COLOR NAME: ?-+ ?? Grec Paae 2 of 4 %4L#"i rynJ rccLrxcc IV VI VC MC A GALL At (/I/) 554-99Z 1. N Page 3 of 4 s G -fetice Pd e4of4 c?a TJ Ex7 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00684 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOOD BARRY ET AL VS HERTZ-A CRE'M'E CONSTRUCTION R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry 'for the within named DEFENDANT HERTZ-A-CREJE CONSTRUCTION to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 30th , 2008 , this office was in receipt of t attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 53.73 Posta e 1 65 So answers -? R Thomas Kline Sheriff of Cumberland County 9 92.38 ? 5/0 4 Jb. 04/30/2008 ANGELA COSTIGAN Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00684 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOOD BARRY ET AL VS HERTZ-A CRETE CONSTRUCTION R. Thomas Kline to wit: duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT SAWKORE INC but was unable to locate Them deputized the sheriff of YORK in his bailiwick serve the within COMPLAINT & NOTICE He therefore County, Pennsylvania, to Sheriff or Deputy Sheriff who being On A r'1 30th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of Country Surcharge So answe 6.00 ?' _ . 0 0 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ? 5?a7?0 P 04/30/2008 ANGELA COSTIGAN Sworn and subscribe to before me this ,day of A. D. PENNY PRESS OF YORK, INC. Ph (7 71 8434078 Fax (717) BO.1360 _ I of 2 COUNTY OF YORK OFFICE OF THE aHE:RIFF SERVICE ' 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE NSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LBdE 1 THRU 12 D43 NOT DETACH ANY COPES 1 PLAINTIFF/SI n+- -1 2 COURTNUMBER 08-684 civil 3. DEFENDANT/S/ + rc yr rml vn w .. Hartz-A-Crete Construction et al Notic i Cana C`mpplaint SERVE 5 NAME O INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Hertz+A-Crete Construction _ 6. ADDRES (STREET OR RFO WITH BOX NUMBER, APT NO, Cllr, BORO. TWP. STATE: AND ZIP CODE) AT 18 North Grantharn Road Dillsburg, PA 17109 _ 7 INDICATE SERVICE O PERSONAL U PERSON IN CHARGE XXDEPUTIZE ? C RT MA1L U 1 ST CLASS MAIL U POSTED U OTHER NOW April 17, 210Q I, SHERIFF: O?F? COUNTY, PAo hereby deputize the sheriff of h. pfl ;W /make re urn according Ysrk COUNhf to execute j to law. This deputization being made at the request and risk of the plaintiff., "`°* SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OT ER INFORMATION THAT WILL ASSIST IN EXPEDITING( U ,, CE F C O Cunberland ADV FEE PAID BY 'ATTY. Please mail return of service to CLUnberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff therein for any loss. destruction, or remloval of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE ANGELA M A I O N E C O S T I G A 0. TfONE NUMBER t t . DATE FILED 1222 SPRUCE ST., UNIT 1, PHILA PA 19107 r_15-546-7215 14-9-2008 12. SEND NOTICE OF SERVICE CO Y TO NAME AND ADDRESS BELOW: (This area must be completed 6 notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BILLOW FOR USE OF THE S WF - DO NOT WRITE SELOW THIS U ME 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M11 M C G I L L _ 14-18-20018 5- 9- 2 n n A 16. HOW SERVED. PERSONAL ( } RESIDENCE ( ) POSTED( ) POE: I, ) SHERIFF'S OFFICE ( ) OTHER, SEE REMARKS BELOW 17. 1 hereby certiy and return a N T FO to the individual, owmpany, etc named above. (See remarks below.) AND TLE OF IN IDU L SE E NOT SHOWN ABOVE (Re ship to Clef ndant) 19. Date of Service 20 Time of Se A f? (,tMR l2.? ?'2 3 1? ?b ???3 E3D h I> Fr-#? 14 1. ATTEMPTS Date Time Miles Int. Date Time r1Wiles Int. Date Time Mi W Int Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. 22. 23. Advance Costs 24,S ice Costs 25 N/F 26. Milea 2 $100.00 avoa I 34. Foreign County Costs 35. Ad ance Costs 36 Service Costs 41. AFFIRM ?Lttg 4 tb E 42. day of /NOTARY LISA I. p_ )?nuna,_,N NO TAR" PUBLIC C{ Y C ;?Y"O : COUNTY MY CC" t ' PIRESAUG 12, 2009 ostage 28. Sub 37. Notary Cert. 44. Signature of Dep. Sheriff 46. Signature of York County Sheriff J 29. Pound J 7. DQ 30 Notary 31? Mileage/Postage/Not Found 48 Signature of Foreign 31. Surchg. 132. Tot. 39. Total Costs G •A-red 11- _j 2 40. Costs Due or Refund _HaS 49 DATE ?- ,. ,, ?;: ,. PENNY PRESS OF YORK, INC. Ph (717) 843-4r? Fax (717) 848-1360 - _ ?? 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF SER )IC'EC9ALL 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTIMTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNVE 1 THRU 12 00 NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2. COURT NUMBER Tracey Wood et al 08-684 civil 3 DEFENDANT/S/ 4. TYPE OF V f5tj PLA j CA Hertz-A-Crete Construction et al Notice & 4&np aint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Sg k re Inc 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY. BORO. TWP. STATE AND ZIP CODE) AT 18 North Grantham Road Di,""rc(. PA 17109 7. INDICATE SERVICE U PERSONAL U PERSON IN CHARGE AA6 DEPUTIZE O C T IL 1 ST CLASS MAIL U POSTED U OTHER NOW A r;1 17 2008- I, SHERIFF OF AW COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this Writjkgd peke return there f cording to law. This deputization being made at the request and risk of the plaintiff., '`- 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SEFMT OF CO. CLynberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID By ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or r oval of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATUR N G E L A MA I O N E C O ST I G A N 10.E S IEPHONE NUMBER 11 DATE FILED 1222 SPRUCE STREET, UNIT 1. PHILA. PA 191n7 11q-qAA-7919 14-9-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LNE 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Heahng Date or complaint as indicated above. M J M C G I L L Y C S O 14-18-2008 15-9-2008 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER SEE REMARKS BELOW 17. O I hereby certify and return a NO ND beWuW imonable to locate the individual, company, etc. named above. (See remarks below.) 1 QE AND TITLE OF OIVI?I S HERE OT SHOWN I VF,((telationshi to Defendant) 19,- to of rvrce 20 Time of l? S ?r? .l l ?iQ14? Q I? f T ?TJ 3 (g7 7 1. ATTEMPTSI Dale I Time I Miles) I Int. 1 Date I Time I Miles I Int. I Date I Time I Miles I Int. 1 Date I Time I Miles I Int. I Date I Time 1 Miles I Int. 1 Date I Time I Miles I Int 22. 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38 Mleage/Postage/Not Found 39 Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to for me this O1__ 44. Signature of 42. day of D pR 20 -Q$3. Dep. Sheriff 74 (%OMMONWEALT?f FVX0DX§H CRY 46. Signature of York County Sheriff N': "+ARIALSEAL RICHARD P LISA L. BO`?Jfv1A :', t 10TARY PUBLIC CITY OFY( F v e nru rni n.irv 48. Signature of Foreign qr-' o z 47 DATE 4/28/08 49 DATE r F:\FILES\CGents\Donegal3050\Ctnrent\501\3050.501.prelnnob6V= Created: 9/20/04 0:06PM Revised: 5/12/08 2:56PM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TRACEY WOOD AND BARRY WOOD, Plaintiffs, V. HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-684 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant Hertz-A-Crete Construction and Sawkore, Inc., by and through its counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files Preliminary Objections to Plaintiffs' Complaint as follows: 1. Plaintiffs' Complaint alleges that Defendant negligently excavated the area around the Plaintiffs' home. 2. As a result of negligent excavation, the Complaint alleges that Plaintiffs have sustained property damage. 3. Pennsylvania Rule of Civil Procedure 1019(f) requires that averments of time, place and items of special damage shall be specifically stated. 4. Plaintiff's Complaint violates Rule 1019(f) and, therefore, Plaintiffs should be required to file a more specific Complaint alleging what their damages are and provide a specific amount that is sought from the Defendant. WHEREFORE, Defendant's request Plaintiffs be required to file a more specific Complaint specifying the amount of monetary damages. LAW OFFICES By I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 12, 2008 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant's Preliminary Objections to Plaintiffs' Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Angela Maione Costigan, Esquire COSTIGAN & COSTIGAN, LLC 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 MARTSON LAW OFFICES By: CN-4L M-? 64 -- Ck L?-4 Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 12, 2008 ? ? ? ? ?, ? _ ?J ?-f. j' ^t ' ? ? i ; ' ? ?? l ?? ..i 1f? ? V ' ?? W _ 7 t r .... ? ?? _ r ? ? ?, ' C"? `+' ,,? GJ -a lS3 •-C 1 of 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST.,YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 PROCESS RECEIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ Tracey Wood et al 3. DEFENDANT/S/ Hertz-A-Crete Construction et al a. 1 T rc Ur VVRI I Wr -11" --, NQTICE CICA Notice ana Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PKUPtK i Y I U tat LcV {CU, M i +. Hertz-A-Crete Construction 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. ITY. BORO. TWP , STATE AND ZIP CODE) AT 18 North Grantham Road Dillsburg, PA 17109 7 INDICATE SERVICE' O PERSONAL 0 PERSON IN CHARGE XXDEPUTIZE 0 CERT MAIL O 1 ST CLASS MAIL 0 POSTED Cl OTHER NOW Aril 17, 2008 I, SHERIFF OF York COUNTY to execute to law. This deputization being made at the request and risk of the plaintiff., 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEOITINGa U VICE, F CO ERIFF OF VIM COUNTY Curriberland ADV FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE ANGELA M A I O N E C O S T I G A 0. T€LSTONE NUMBER 11222 SPRL1rF ST.. UNIT 1, PHILA PA 19107 15-545-7215 11. uA r_ riLr_LJ 4-9-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed n notice is io oe maneu) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SiERFIF DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. - 18 - - - 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE { ) SHERIFF'S OFFICE ( ) OTHER SEE REMARKS BELOW 17. I hereby certify and return a NOT FO Iplocate the individual, company, etc. named above. (See remarks below.) AND ITLE OF IN IDUAL SE E I NOT SHOWN ABOVE (Ret?a ^ship to Det ndanq 79. Date of Service 20 Time of Se ZAAA )Z., 1 ATTEMPTS Date Time Moen Int. Date Time Miles Int. Dale Time Miles Int Date Time Miles Int. 0a1e Time Miles 11 Int. Date Time Miles Int 22. 23. Advance Costs 24. Se rvice Costs d 25 N/F 26 Milea a 7 27. Postage 28. Sub ?11 1? 29.1 ound 30 Notary 1 0 i 31. Surchg. 32 Tot. Costs 33- *@W-9% sor Refund a o Check No $10 0.0 0 .coo ?. 1 . . 34. Fotlign County Costs 35. Advance Costs 36 Service Costs 1 37 Notary Cert8. MileagelPostageJNot Found 39. Total Costs 40. Costs Due or Refund SO A WERS 41. AFFIRM and, , bscrtpe t be r ttt. v?NilJ.'- . :?LI c i 44. Signature of .'? day of 42 De Sheriff . ! AI y /NOTARY j e ; Li3 R 'J LIC 46. Signature of York County Sheriff 47 TE 4 . r; ' 4 ' CJJAB 1) -D / V L- rf V?T N11 Y CC :P!RE:S AUG 12, 2009 _ 48 Signature of Foreign 49 D 7E County Sheriff 2. COURT NUMBER 08-684 civil PA, do hereby deputize the sheriff of grad`make re urn mof according 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY -Sheriff's Office 4. BLUE - ShemTs Office 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF SCR )1771 9601E $ 45 N. GEORGE ST., YORK, PA 17401 -?" SHERIFF SERVICE INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 PROCESS RECEIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 COURT NUMBER 08-684 civil Tracey Wood et al 4 TYPE OF 151"1 PA IC A 3. DEFENDANT/S/ _L Hertz-A-Crete Construction et al Notice & &1aint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Sawkore Inc 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY. BORO. TWP. STATE AND ZIP CODE) AT 18 North Grantham Road Di bur PA 17109 7 INDICATE SERVICE O PERSONAL a PERSON IN CHARGE DEPUTIZE o CF T FAIL i 1 ST CLASS MAIL O POSTED O OTHER cca _ rs?r NOW Ar1r; 1 17 2008 I, SHERIFF OF 00K COUNTY, PA, do hereby deputize the sheriff of York z COUNTY to execute this Writ_pnd Wke return there f cording to law. This deputization being made at the request and risk of the plaintiff.. ?` 4vv .'FF ?F?oa 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SEIDWT. 0 F C 0 . CLUttberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUR 0E PHONE NUMBER N G E LA MA I O N E CO ST I GA N SQ. 1222 SPRUCE STREET, UNIT 1, PH 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS (This area must be completed d notice is to oe maneo). CUMBERLAND CO SHERIFF 11. UAl h VILtU 4-9-2008 SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE -BELOW THIS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S 0 14-18-2008 15-9-2008 16, HOW SERVED PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER (V SEE REMARKS BELOW 17. O I hereby certify and return a NO ND b u ?,rrnable to locate the individual, company, etc. named above. (See remarks below.) 1 E AND TITLE OF DIVIDU S HERE IF NOT SHOWN ABOetationsh, to Defendant) 19. Date of Service 20 Time of Se 1. ATTEMPTS Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. Dale Time Miles Int. 22. REMARKS: A ?.3. Advance Costs 24 Service Costs 25. N!F 26 Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No. 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38 MdeaViPostagelNot Found 39 Total Costs 40 Costs Due or Refund SO AJISWFARS 41. AFFIRMED and subscribed to befor me this 44. Signature of 42 day of 20 -083. Dep. Sheriff D`U 47 GATE 10750ONWE.AL T H O; X'1{WX4XK1TjARY 46. Signature of Ylt County Sheriff t,97Z 4/28/08 i4?T, RP;AL SEAL RICHARD LISk L. BO'AIViA`., NOTARY PUBLIC 49 DATE CITY OF YCPr, YORK CCUNTY 48. Signature of Foreign F County Sheriff ` C o , 50. 1 ACKNOALEDGE RECEIPT OF THE SHERI F'S-R SIGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTH0Ri7 XNDTITCE_ 1. WHITE -issuing Authority 2. PINK - Attorney 3. CANARY - Shenfrs Office 4. BLUE - Sheriff's Office COSTIGAN AND COSTIGAN, LLC By: Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 215-546-7215 TRACEY WOOD AND BARRY WOOD : SUPERIOR COURT OF CUMBERLAND COUNTY, PA V : CIVIL ACTION-LAW HERTZ-A-CRETE CONSTRUCTION : Amended Complaint AND SAWKORE, INC. No.: 2008-684 1. Plaintiffs are owners of a home located at 1110 Charles Street, Mechanicsburg, PA 17055. 2. On or about August 3, 2007, plaintiff hired defendant to install a patio/walkway in the rear of the garage. 3. Defendant is a Pennsylvania corporation licensed to do business in Pennsylvania and in fact conducting business at 18 North Grantham Road, Dillsburg, PA. 4. On or about August 8, 2007, the area was excavated and the patio poured. A down spout under the patio to drain any excess water was partially completed on that date. 5. On or about August 9, 2007, heavy rains lead to significant water accumulation on the roof of the home which gathered on the side of the garage. 6. The area was excavated and the patio poured by defendant without securing the basement from moisture and water infiltration. 7. Water was not directed away from the home, but toward it causing a flooding hazard. 8. As a result, water accumulated and seeped into plaintiffs' finished basement. 9. As a further result, plaintiffs suffered damages to the carpeting and padding, paneling on walls and floor boards. The basement also had moisture, mildew and mold accumulation. 10. As a result of the heavy rains on 8/9/07, plaintiff suffered damages as follows: $3791.78 for carpeting-M&Z carpeting $124.50 for the removal of existing carpeting-M&Z $300 for paneling $2033.22 for clean up by Restore Core. $1,200.00 for remediation and repair done by plaintiffs. All estimates are attached as exhibit "B". 11. On or about February 1, 2008, the basement again flooded and caused severe and permanent damage. 12. As a result of the 2/1/08 flood, plaintiff again suffered damages as follows: $2,900 for B-Dry systems for sump pumps $475.00 for carpet re installment from Ken Shaw. All estimates are attached as Exhibit "C". 13. As a further result, plaintiffs have expended monies to install a discharge system and sump pump to keep water away from the basement. COUNTI 14. Plaintiffs repeat each and every allegation found in paragraphs numbered 1 through 13 as if same were set forth herein at length. 15. Defendant was negligent, carless and reckless in the excavation of the ground around the patio thereby causing damage to plaintiffs' home as follows: a). failing to properly grade. b). failing to properly excavate. c). failing to safeguard the site from water infiltration. d). failing to properly seal the concrete. e). failing to protect the property from flooding. f). failing to properly install downspouts and gutters to direct water away from the property. g). failing to install a sump pump and discharge system to drain away water. h). failing to level the concrete at the patio. 16. As a direct and proximate result of defendant's negligence, carelessness and recklessness, plaintiffs suffered severe and permanent damage to their home, and have had to expend monies to install a discharge system and sump pump. WHEREFORE, plaintiffs request judgment in their favor and against defendant. COUNT II IT Plaintiffs repeat each and every allegations found paragraphs numbered 1 through 16 as if same were set forth herein at length. 18. Plaintiffs and Defendant entered into a contract dated June 1, 2007 attached as Exhibit "A". 19. To date, the work delineated in the contract was not adequately performed by defendant herein. 20. To date, plaintiff paid $7,500 to defendants for work to be completed. 21. The work that was completed by defendant was not done in a workmen like manner, was of poor quality, and was generally not done pursuant to the contract herein. WHEREFORE, plaintiffs request judgment ' weir favor and against defendant. Date: i ,Mngela Maione Costigan, Esquire Attorney for the Plaintiffs COSTIGAN AND COSTIGAN, LLC By: Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 225-546-7215 TRACEY WOOD AND BARRY WOOD V HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC. SUPERIOR COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW No.: 2008-684 ATTORNEY VERIFICATION OF COMPLAINT I, Angela Maione Costigan certify that I have reviewed the foregoing Complaint and believe the allegations of fact contained therein are true to the best of my knowledge. I understand that if any of the foregoing statements made by me are willfully false, I am subject to punishment. gelFMaionee Costigan, Esquire EXHIBIT "A" HERTZ-A-CRETE CONSTRUCTION & SAWKORE, INC. = 18 North Grantham Road -Dillsburg, PA 17109 '-- = = Phone: 717-975-9483 Fax: 766-8905 DATE: JUNE 1, 2007 JOB NAME: WOOD RESIDENCE, 1110 CHARLES STREET, MECHANICSBURG, PA 17055 ATTENTION: MR. BARRY WOOD PHONE: 856-9379 FAX / E-MAIL: BID PROVIDED BY: BRAD HOFFMAN BASE BID - NEW 4" INTEGRAL COLORED STAMPCRETE CONCRETE PATIO AND WALKWAY. - 740 SQ FT (SEE ATTACHED) n of Work M? Scooe s. Includes Off-Site Removal Demolition of Existing Concrete Sidewalk an Brick P Pei of Demolished Concrete and Brick. - 1 Is. Excavation and Finegrading for New 4" Gravel Stonebase and 4" Integral Colored Stampcrete Concrete Patio and Walkway. Includes Off-Site Removal of Excess Excavated Material. - 740 sq. ft. Supply and Placement of 4" Gravel Stonebase for New 4" Integral Colored Stampcrete Concrete Patio and Walkway. - 740 sq. ft. Supply and Installation 10 If. of 4" PVC S&D Underground Downspout Piping and 36" x 36" x 36" Stilling Pit at Outflow. -1 Is. Forming, Pouring, Supply and Placement of 4" 4000 psi Concrete for New Integral Colored Stampcrete Concrete Patio and Walkway. Includes Wire Mesh and Sawcut Joints. - 740 sq. ft. Cleaning, Supply and Application of Stampcrete Clear 9000 Sealer at New Integral Colored Stampcrete Concrete Patio and Walkway. - 740 sq. ft. Form Removal and Backfilling of Exposed Edges. - 1 Is. RACC AM - IVY THOUSAND SIX HUNDRED FIFTY DOLLARS AND NO CENTS - 6,650.00 ACCEPTANCE OF BASE BID PROPOSAL HERTZ-A-CRETE CONSTRUt T ON UNIT PRICE - ADD ANTI-SLIP GRIT TO COLOUR-SEAL SEALER - ADD $.50/NET PER SQ. FT. ADD 740 SQ. FT. OF ANTI-SLIP GRIT TO COLOUR-SEAL SEALER @ FIFTY CENTS - $.501NET PER SQ. FT. TO BASE BID THREE HUNDRED SEVENTY DOLLARS AND NO CENT N _- 370.06 ACCEPTANCE OF UNIT PRICE PROPOSAL HERTZ-A-CRETE CONSTRUCTION Page i of 4 = HERTZ-A-CRETE CONSTRUCTZON & SAWKORE, INC. 17 . = 18 North Grantham Road Dillsburg, PA 17109 Iwo ?--` = Phone: 717-975-9483 Fax: 766-8905 DATE: JUNE 1, 2007 JOB NAME: WOOD RESIDENCE, 1110 CHARLES STREET, MECHANICSBURG, PA 17055 EXCLUSIONS: Permits, Bonds, Fees, Inspections, Testing, Topsoil, Seeding, Sodding, Landscaping and Plantings. PAYMENT TERMS AS FOLLOWS: 5070 Due at the start of work with the remainder due upon completion. _ __ ....T.. e%01ft1?1n1c eNn RETURN I WU ?n..¦ v......._. - -- - QUESTIONS FEEL FREE TO GIVE ME A CALL AT (717) 554-99 . YOUR PROJECT. INTEGRAL STAMPCRETE PATTERN SELECTION PATTERN SELECTIONS (CHOOSE ONE): BASKETWEAVE RANDOM STONE -4 DIAGONAL BOND RUNNING BOND JUMBO ITALIAN SLATE EUROPEAN FAN ASHLAR SLATE HERRINGBONE COBBLESTONE INTEGRAL STAMP CRETE PUREST INTEGRAL COLOR SELECTION COLOR NUMBER AND NAME (PRINT SELECTION): COLOR NUMBER: SC-30 COLOR NAME: INTEGRAL STAMPCRETE RELEASE AGENT COLOR SELECTION COLOR NUMBER AND NAME (PRINT SELECTION): ?'? COLOR NAME: L, G`e` COLOR NUMBER: SR- Page 2 of 4 Page 3 of 4 EXISTING ?? FENCE 3 RAC Pol Page 4 of 4 EXHIBIT "B" • '?V'Mt'p 15 7k, -- A 325 Arch St Carlisle, PA 17013 (717)24: 6029 Carlisle Pike, Mechanicsburg, PA 17055 (7 4747Jonestown Rd Harrisburg, PA 17019 (7.i www.mzcarpet.com Fh qpc of 4 Z CAR-ASS Norbert Schenhals Flooring Specialist 766-0288 www.mzcarpet.com 6029 CARLISLE PIKE, MECHANICSBURG, PA 17050 C. CYL Y U I `c) ? L 0!?s2- " ceS ?`YS I C I e-uS A ? / 2 h' 2 S" / 2 X /6 ? 2 x ell G Cis ?- Y I -e c 7? E' ( ,tJ T? p Y e cJ ?- o s' ce, Y? 5 / SS T 7? f 3, 7 yi 78 To 7-- 65, s- ?- /v R"""j i n. JhL Carpeting . Area Rugs .Laminate e Sheet Vinyl . Hardwood . Ceramic Professional Installations o Rug Cleaning 08/21/2007 01:37 7179 92 STARSINIC APPF? "STAiRSNIC aP '[SAL 5E'RVI'GE Auto & Heavy Equipment s Home POST OFFICE BOX 7462 STEELTON, PA 17113-0462 'HONE 717-939-9891 PAX 717-939-1997 August. 17, 2007 Kevin H,oss Donegal Mutual Route 441, Box 302 Marietta, PA, 17547 Re: Barry Wood Clairn: CPA.-PA.-01-07-0000477 Dear Kevin, J inspected the water damage to Mr. Wood's property. 'The damage is minor. The, cause was Isom the contractor not properly routing water from the downspouts away from the house. PAGE 01/01 The clean up was compl.etcd by Restore Core. The invoices for their services are attached. ]..reviewed their and everything seems in line. The bill for water extraction and equipment rental is $1151.57. There is a second invoice for ternporary_.rGmoval o.f uprn io7, carpet padding arul strc"Ming the existing carpet for $881.65. I am recornmendiiig the claim be paid off of their invoice. ].f you have any questigns please give me a call. Sinccrcly, 2tarsm Starsinic Appraisal 9erv., Inc. f t?a -Inn'_k`( ? q L1-1 RestoreCore, Inc. 2322 North 7th Street Harrisburg, PA 17110 (717)232-1500 is S C CC re- Rc?trxrin; 1-^xnt }-,su;inr,.w- rtnr,l hwn?. INVOICE Barry & Tracey Wood 1110 Charles St Mechanicsburg, PA 17055 CONTRACT ID: 1007081022 Barry & Tracey Wood LOCATION: 1110 Charles St Mechanicsburg, PA 17055 INVOICE ID: 8612 DATE: 08/17/2007 DUE DATE: 08/27/2007 CUSTOMER ID: 12887 PO #: Item Description Total Previous Total This Id Billed Billed Invoice 1 Res. Restoration Taxable 865.83 865.83 Emergency Services 2 Res. Restoration NonTaxable 233.79 233.79 Emergency Services Total 1,099.62 1,099.62 Sub Total: $ 1,099.62 Sales Tax Amount: $ 51.95 Total Due This Invoice: $ 1,151.57 Please Remit Payment to RestoreCore, Inc. 2322 North 7th Street, Harrisburg, PA 17110. Any questions, please call (717) 232-1500. Tax ID Number: 25-1767775 EXHIBIT "C" Feb 14 08 02:06p End User 301-223-6897 p.1 B-Dry Systems of MD, PA, VA, WV, LLC 10210 Governor Lane Blvd Suite 20086 Williamsport, MD 21795 Phone 866.669.2379 Fax (301)223-6897 TO: Barry & Tracey Wood 1110 Charles St. Mechanicsburg, PA 17055 FOR, Property address: 1110 Charles St. Mechanicsburg, PA 17055 TAX ID: 342022547 DATE: FEBRUARY 14, 2008 DESCRIPTION AMOUNT 02.12.08 B-Dry installed 29 ft. free flow system & rigid sealer, and 1/2 hp B-Dry sump pump. Life of the Structure Warranty on system. Add 10 (ten) year Warranty on sump pump. $2900 02.12.08 Install Paid In Full- Thank You! i TOTAL 0.00 Make all checks payable to B-Dry Systems of MD, PA, VA, WV, LLC Balance is due upon install If you have any questions concerning this invoice, contact the office 866.669.2379 Thank you for your business! 03/27/2008 09:36 FAX 717 697 0625 US - LU co ? U a.T C k GALLAGHER-BASSETT f ?I g NI NI '9 a \ o ti i la 001/001 V COSTIGAN AND COSTIGAN, LLC By: Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 215-546-7215 TRACEY WOOD AND BARRY WOOD V HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC. S 1JPERIOR COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW No.: 2008-684 Plaintiffs Answer to Defendants Preliminary Objections to Plaintiff's Complaint 1. Admitted. 2. Admitted. 3. Denied as a conclusion of law. Notwithstanding this denial, plaintiffs' have amended their complaint attached as Exhibit "A". 4. Denied as a conclusion of law. Notwithstanding this denial, plaintiffs' have amended their complaint attached as Exhibit "A". Date: gela Maione Costigan, Esquire Attorney for the Plaintiffs r COSTIGAN AND COSTIGAN, LLC By: Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 215-546-7215 TRACEY WOOD AND BARRY WOOD V HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC. SUPERIOR COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW No.: 2008-684 Certificate of Service I, Angela Maione Costigan, Esquire certify that a true and correct copy of the above Plaintiff s Answer to Defendant's Preliminary Objections to Plaintiff Complaint has been sent via regular mail to the below counsel on May 21, 2008: George B. Faller, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Dater- / (1? 4 Ange aione Costigan, Esquire Attorney for the Plaintiffs ?, ,., <'?. r?? --, ?? e'.?> + 7 /;i0 ' . ` ?? ?-, 1 t ? F` _ ?j 1 1 ?J f, ?•-- .t{ ?? I . ..L.` ? -.. r-? C.' i '-^{ TRACEY WOOD AND BARRY WOOD, V. HERTZ-A-CRETE CONSTRUCTION AND SAWKORE,INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-684 CIVIL. RULE 1312-I. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire counsel for thaNW7defcndant 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 $ does not exceed the arbitration limits in The counterclaim of the defendant in the action is Cumberland County . The following attorneys are interested in the case(s) as counsel or are othetCy, viseis ualiied tai as arbitrators; George B. Faller, Jr., Esquire and Angela Maione ost gaga, squ WHEPWORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 1-11 GIRDER OF COURT AND NOW, , 19 , in consideration of the foregoing petition. Esq., Esq., and , Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, P.J. W ?. ° co z w ? a E COURT OF COMMON PLEAS OF IERLA.ND COUNTY, PENNSYLVANIA 2008-684 C111IL RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THB HONORABLE, THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire counsel for the W/defeadant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (tire) at issue. 2. The claim of the plaintiff in the action is $ does not exceed the arbitration limits in The counterclaim of the defendant in the action is Cumberland County. The following attorneys are interested in the case(s) as counsel or are otheTise dis?ualiped ot as arbitrators: George B. Faller, Jr., Esquire and Angela Maione ostig , squ WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT foregoing AND NOW, Esq.. and -- n actions) as prayed 00a in con?'s(ni?deeration of the ` l Esq., A?aj" (.U Esq., are appointed arbitrators in the above captioned action (or By th urt, .J. HERTZ-A-CRETE CONSTRUCTION AND SAWKORE,INC. C\j J C-D a 1-_ ) U `M © ° ? c v U A 1 W 19 Q lo, •.. c-n 0 A 04, TRACEY WOOD AND BARRY WOOD, COURT OF COMMON PLEAS OF PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA V. HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC., DEFENDANTS 08-0684 CIVIL TERM ORDER OF COURT AND NOW, this IT day of August, 2008, the appointment of Edward L. Schorpp, Esquire, as the chairman on the Board of Arbitrators in the above- captioned case, IS VACATED. Gregory B. Abeln, Esquire, is appointed in his place. 'Gregory B. Abeln, Esquire Court Administrator :sal l:opy ?ri?.?l£c.L? By the Cou Edgar B. 1Y ?- ? X I D ,.C L° F: MLES\C lients\Donega13050\Current\501 \3050.501. pet l . wpd\rrm Created: 9/20/04 0:06PM Revised: 2/17/09 9:17AM George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Hertz-a-Crete Construction T ACEY WOOD AND BARRY WOOD, Plaintiffs, V. HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-684 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO WITHDRAW APPEARANCE AS COUNSEL FOR SAWKORE, INC Petitioner, Martson Deardorff Williams Otto Gilroy & Faller, petitions this Court for leave to withdraw as counsel for Defendant Sawkore, Inc.', in the above-captioned matter and in support thereof avers as follows: 1. This case arises out of an alleged defective installation of a concrete patio and walkway which caused water damage to Plaintiffs' residence. 2. On or about April 9, 2008, Plaintiffs commenced this action by filing a Complaint for damage to their home. 3. On May 13, 2008, Petitioner filed Preliminary Objections to Plaintiffs' Complaint as attorneys for "Defendant" Hertz-a-Crete Construction and Sawkore, Inc. 4. On or about May 21, 2008, Plaintiffs' filed an Answer to the Preliminary Objections. 5. On or about May 21, 2008, Plaintiffs' filed an Amended Complaint to address the Preliminary Objections. ' As evidenced by Exhibit A, the correct name of the Defendant is actually Saw Kore. For purposes of this Petition, however, Petitioner will refer to the Defendant as Sawkore, Inc. 6. On December 2, 2008, Petitioner filed an Answer and New Matter to Amended Complaint on behalf of "Defendant" Hertz-a-Crete Construction and Sawkore, Inc. 7. Petitioner was retained by Donegal Mutual Insurance Group to represent Hertz-a- Crete Construction, its insured, in this litigation. 8. Petitioner filed its Preliminary Objections and Answer based on its understanding, as expressed in Plaintiffs' pleadings, that "Hertz-a-Crete Construction and Sawkore, Inc." was a single entity. 9. In reality, Hertz-a-Crete Construction and Sawkore, Inc. are separate entities, as confirmed in documentation from the Pennsylvania Department of State which is attached hereto and incorporated as Exhibit "A." 10. Consequently, Petitioner has not been retained by Donegal Mutual Insurance Company to represent Sawkore, Inc. 11. Hertz-a-Crete Construction is the entity which installed a concrete patio and walkway to Plaintiffs' residence. 12. Counsel for Plaintiffs was advised that Petitioner intended to file a petition to withdraw as counsel for Sawkore, Inc., and counsel for Plaintiffs concurred with the relief sought by this Petition. WHEREFORE, Petitioner requests that this Honorable Court grant this Petition for leave to withdraw as counsel for Defendant Sawkore, Inc. MARTSON LAW OFFICES By. 'A'A T. George B. Faller, Jr., quire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: all ? l0 9 Attorneys for Defendant Hertz-a-Crete Construction EXHIBIT A $usiness Entity Page 1 of 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search Business Entity Filing By Business Name History By Business Entity ID Verify Date: 2/4/2009 (Select the link above to view Verify Certification the Business Entity's Filing Online Orders History) Register for Online Orders Order Good Standing Business Name History Order Certified Documents Order Business List Name Name Type My Images Search for Images Saw Kore Current Name Fictitious Names - Domestic - Information Entity Number: 598643 Status: Active Entity Creation Date: 4/28/2006 State of Business.: PA Principal Place of Business: 18 N Grantham Rd Dillsburg PA 17019 Mailing Address: No Address Owner Information Owner(s) for: Saw Kore Owners Name: Smith, Tracie L Mailing Address: [Address Not Available] Home I Site Map I Site Feedback I View as Text Only I Employment `R%?,cnw@a o. ? U ? Home Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement https://www.corporations.state.pa.us/corp/soskb/Corp.asp?2455809 2/4/2009 . Business Entity Page 1 of 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Business Entity Filing History Date: 2/4/2009 (Select the link above to view the Business Entity's Filing History) Business Name History Name Name Type HERTZ-A-CRETE CONSTRUCTION Current Name Fictitious Names - Domestic - Information Entity Number: 2761291 Status: Active Entity Creation Date: State of Business.: Principal Place of Business: Mailing Address: 6/18/1997 PA 116 E GREEN ST SHIREMANSTOWN PA 17011-0 No Address Owner Information Owner(s) for: HERTZ-A-CRETE CONSTRUCTION Owners Name: GORDON C HERTZLER Mailing Address: [Address Not Available] Home I Site Map I Site Feedback I View as Text Only I Employment °onI,V O ? O ? U o Home Copyright m 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement https://www.corporations.state.pa.us/corp/soskb/Corp.asp? 1680496 2/4/2009 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Petition toWithdraw Appearance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Angela Maione Costigan, Esquire COSTIGAN & COSTIGAN, LLC 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 Sawkore, Inc. 18 North Grantham Road Dillsburg, PA 17019 MARTSON LAW OFFICES By: M Price TetJt High Street Carlisle, PA 17013 (717) 243-3341 Dated: -2,/1 7/p 1 V? . AW, a c?7 , ?t3 r? COSTIGAN AND COSTIGAN, LLC By: Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 215-546-7215 TRACEY WOOD AND BARRY WOOD V HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC. SUPERIOR COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW No.: 2008-684 Plaintiff's Answer to Defendants New Matter 22. In response, plaintiff incorporates its Amended Complaint as if same were set forth herein at length. 23. Denied as stated. 24. Denied as stated. 25. Denied as stated. 26. Denied as stated. 27. Denied as stated. WHEREFORE, plaintiff's request judgment in their favor and against defendant. Date: Angela Maione Costigan, Esquire Attorney for the Plaintiffs S- ' ? -may w i 4)f? r J (5Y TRACEY WOOD AND BARRY IN THE COURT OF COMMON PLEAS OF WOOD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION - LAW NO. 08-0684 CIVIL HERTZ-A-CRETE CONSTRUCTION AND ; SAWKORE, INC., Defendants JURY TRIAL DEMANDED IN RE: MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT SAWKORE, INC. ORDER AND NOW, this Z G' day of February, 2009, a rule is issued on defendant, Sawkore, Inc., to show cause why the relief requested in the within motion ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, Kevin ,A. Hess, J. { f3 ? 7? :01 vWl 9z BA 6301 F:\FILES\Climts\Donega13050\Current\501 \3050.501.pra2\n- Created: 9/20/04 0:06PM Revised: 4/13/09 0:19PM 3050.501 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Hertz-A-Crete Construction TRACEY WOOD AND IN THE COURT OF COMMON PLEAS OF BARRY WOOD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2008-684 CIVIL ACTION - LAW HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC., Defendants. JURY TRIAL DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please enter judgment of the Arbitrator's Award in the above-captioned case in favor of Plaintiffs and against Defendant in the amount of $10,824.50. MARTSON LAW OFFICES er GcC I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 ., Dated: April 13, 2009 Attorneys for Defendant Hertz-A-Crete Construction CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Angela Maione Costigan, Esquire COSTIGAN & COSTIGAN, LLC 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 MAkTSON LAW OFFICES By: Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 13, 2009 F. flLE%`?? ?A?tY Of T?rr- 2'OQ?1 ASR t ?+ ? t ? ? ?? CU f,. fib oo Po ATTI ce toss t PIT 4 ajt3 LOLS& tJa;+ce ? F:\FILES\Clieat5\Dooega13050\Currmt\501 \3050.501.pral\mas Created: 9120/04 0:06PM Revised: 3120/09 9:16AM 3050.501 TRACEY WOOD AND BARRY WOOD, Plaintiffs, V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-684 CIVIL ACTION - LAW HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC., : Defendant. JURY TRIAL DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please mark the above-captioned Arbitrator's Award as satisfied. COSTIGAN & COSTIGAN, LLC By: Angela Maione Costig , squi 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 Dated: ',2 Counsel for Plaintiffs MARTSON OFFICES By: Geo . ler Jr., Esq e I.D. No. 49823 10 East High Street Carlisle, PA 17013 Dated: April 17, 2009 Attorney for Defendant Hertz-A-Crete FILED- Oi FXCE (' THE FFr r?tr j7 2009 APR 17 PH 1: 5 C?IY?yw?4 4 ) ( 14e 4'??! r RECEIVED MAR ? 1 20,39 MARTSON