HomeMy WebLinkAbout08-5461IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH No. M - 5? ?? Civil j Et-N?
J. REED, husband and wife,
Plaintiffs, CIVIL ACTION - LAW
VS. CIVIL ACTION - EQUITY
PETER THEM BUILDERS, INC.,
Defendant. JURY TRIAL DEMANDED
NOTICE TO DEFEND
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 TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH No.
J. REED, husband and wife,
Plaintiffs, CIVIL ACTION - LAW
VS. CIVIL ACTION - EQUITY
PETER THEM BUILDERS, INC.,
Defendant. JURY TRIAL DEMANDED
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. SI USTED DESEA
DEFENDERSE DE LAS QUEJASEXPUEST AS EN LAS PAGINAS SIGUIENTES, DEBE
TOMAR ACCION DENTRO DE VEINTE (20) DIAS A PARTIR DE LA FECHA EN QUE
RECIBIO LA DAMANDA Y EL AVISO. USTED DEBE PRESENTAR
COMPARECENCIA ESCRITA EN PERSONA OR POR ABOGADO Y PRESENTA EN
LAW CORTE POR ESCRITO SUS DEFENSAS O SUS OBJECIONES A LAS
DEMANDAS EN SU CONTRA.
SE LE AVISA QUE SI NO SE DEFIENDA, EL CASO PUEDE PROCEDER SIN
USTED Y LA CORTE PUEDE DECIDIR EN SU CONTRA SIN MAS AVISO O
NOTIFICACIION POR CUALQUIER DINERO RELCAMADO EN LA DEMANDA O
POR CUALQUIER OTRO QUEJA O COMPENSACION RECLAMADOS POR EL
DEMANDANTE. USTED PUEDE PERDER DINERO, O PROPIEDADES O OTROS
DERECHOS EAPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE.
SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME, A LA
OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDEPUEDE
OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
BECKER & STRAUSBAUGH, PC
ATT«1NEY5 AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
A
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.,
Defendant.
No.
CIVIL ACTION - LAW
CIVIL ACTION - EQUITY
JURY TRIAL DEMANDED
AMERICANS WITH DISABILITIES
ACT OF 1990
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
$44 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
The Court of Common Pleas of Cumberland County, Pennsylvania is required by law
to comply with the Americans with Disabilities Act of 1990. For information about
accessible facilities and reasonable accommodations available to disabled individuals having
business before the court, please contact the County at (717) 249-3166. For those with a
hearing impairment, please contact the Deaf Center at (717) , Ext. TDD All
arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
3
71
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.,
Defendant.
No. 6 P - 5Y(.
CIVIL ACTION - LAW
CIVIL ACTION - EQUITY
JURY TRIAL DEMANDED
ACTION FOR DECLARATORY JUDGMENT
AND NOW, TO WIT, this 12th day of September, 2008, comes the Plaintiffs, Alex M.
Reed and Elizabeth J. Reed, by their attorneys, Becker & Strausbaugh, P.C., and file this
Action for Declaratory Judgment, whereof the following is a statement:
1. The Plaintiffs are Alex M. Reed and Elizabeth J. Reed, husband and wife who
reside at 1 I David Glenn Drive, Carlisle, Cumberland County, Pennsylvania 17015.
2. The Defendant is Peter Them Builders, Inc., a Pennsylvania Corporation
authorized to do business as a construction contractor in the Commonwealth of Pennsylvania
with its principal place of business at 9 Rapuano Way, Cumberland County, Pennsylvania
17013.
3. On or about January 31, 2006, the parties entered into a Contract Agreement
(hereinafter "Agreement") for the Defendant to construct Plaintiffs' home on David Glenn
Drive. A true and correct copy of the Agreement is attached hereto and incorporated herein
BECKER & STRAUSBAUGH, PC I I by reference as Exhibit "A".
ATTORNEYS AT LAW
$44 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
4
4. The Defendant assured the Plaintiffs the home would be completed 4-6 months
after they broke ground.
5. In September 2006, the Defendant asserted the home was completed but the
Plaintiff has a punch-list of various items of significance that were not completed in
accordance with the contract.
6. On or about October 1, 2006, despite the fact that the home was not completed,
they moved into the home because they had no other place to live.
7. Since that time the parties have attempted to resolve the disputes regarding the
various defects with the home and the punchlist items that remain incomplete but the disputes
between Plaintiff and Defendant remain unresolved as of the date of filing this pleading.
8. Paragraph 1E. of the Contract Agreement, provides "any dispute or
disagreement hereafter arising between them as to the character, style, or portion of the work
on said dwelling to be done or materials to be furnished under this contract or any other
matter in connection therewith the same shall be referred to and resolved by a Board of
Arbitrators one to be selected by the contractor, one to be selected by the owner, and the third
to be selected by the President of the Home Builders Association of Metropolitan Harrisburg
so picked by the President hereto and shall act as the chairman of the above mentioned panel
of arbitrators, that their decision in the matter shall be final and binding upon the parties
hereto."
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
9. On or about September 19, 2007, counsel for the Plaintiff sent a letter to counsel
for the Defendant proposing an alternative arbitration provision. A true and correct copy of
the letter is attached hereto and incorporated herein by reference as Exhibit "B".
10. By letter dated October 8, 2007, counsel for the Defendant sent a letter to the
undersigned advising the Defendant refused to waive the contractual arbitration provision
and selected George B. Faller, Jr. Esquire as their arbitrator and requested the name of the
Plaintiffs arbitrator before they would contact the Home Builders Association of
Metropolitan Harrisburg (hereinafter HBA) for the Chairman of the arbitration panel. A true
and correct copy of the letter is attached hereto and incorporated herein by reference as
Exhibit "C".
11. By letter dated October 15, 2007, Counsel for the Plaintiff advised that their
selected arbitrator was the Honorable Thomas C. Raup. A true and correct copy of the letter
is attached hereto and incorporated herein by reference as Exhibit "D".
12. On or about October 17, 2007, counsel for the Defendant advised they would
request the HBA appoint the Chairman of the arbitration panel.
13. On October 19, 2007, counsel for the Defendant sent Plaintiffs' counsel an
email and advised that the HBA would not respond until November 1, 2007. A true and
correct copy of the email is attached hereto and incorporated herein by reference as Exhibit
«E„
14. Unfortunately, no one from HBA ever responded to Defendant's counsel's
BECKER & STRAUSBAUGH, PC I I request for the appointment of a chairman for the panel.
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
15. On April 11, 2008, Plaintiffs' counsel sent a letter to Defendant's counsel
requesting a status of the selection of the arbitration chairman by HBA and also to advise the
Plaintiffs' selected arbitrator did not wish to participate in the panel and they had selected a
new arbitrator. A true and correct copy of the letter is attached hereto and incorporated
herein by reference as Exhibit "F".
16. Defendant's counsel advised he still had not received a response from the HBA
concerning his request for the appointment of the arbitration chairman.
17. On April 24, 2008, counsel for the Plaintiff contacted the HBA President James
Clippinger, Esquire and learned that HBA does not provide the names of individuals to serve
on arbitration panels in any capacity. Plaintiffs' counsel confirmed the conversation in a
letter dated May 2, 2008 to the President. A true and correct copy of the letter is attached
hereto and incorporated herein by reference as Exhibit "G".
18. Pennsylvania's Uniform Arbitration Act, Subchapter A. "Statutory Arbitration",
provides that "an agreement to arbitrate a controversy on a non judicial basis shall be
conclusively presumed to be an agreement to arbitrate pursuant to Subchapter B (relating to
common law arbitration) unless the agreement to arbitrate is in writing and expressly
provided for arbitration pursuant to this subchapter or any other similar statute, in which case
the arbitration shall be governed by this subchapter." See 42 Pa.C.S.A. § 7302(a).
19. The Agreement does not expressly provide for arbitration pursuant to
Subchapter A. Therefore, the arbitration clause is an agreement for common law arbitration
BECKER & STRAu58AUGH, PC subject to Subchapter B of the Uniform Arbitration Act.
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
20. According to 42 Pa.C.S.A. § 7342(a), Section 7305 (relating to appointment of
arbitrators by court) shall be applicable to arbitration conducted pursuant to Subchapter B.
21. Section 7305 of the Act provides "If the Agreement to arbitrate prescribes a
method of appointment of arbitrators, the prescribed method shall be followed. In the
absence of a prescribed method or if the prescribed method fails or for any reason cannot be
followed, or when an arbitrator appointed fails to act and his successor has not been
appointed, the court on application of a party shall appoint one or more arbitrators. An
arbitrator so appointed has all the powers of an arbitrator specifically named in the
agreement." See 42 Pa.C.S.A. § 7305.
22. As such, the Plaintiffs request that this Honorable Court declare the prescribed
method in the Agreement for selecting the Arbitration Chairman failed and cannot be
followed and appoint a Chairman for the arbitration panel in the above-captioned matter.
WHEREFORE, the Plaintiffs respectfully request this Honorable Court enter an Order
declaring the prescribed method in the Agreement for selecting the Arbitration Chairman
failed and cannot be followed. The Plaintiffs request that this Honorable Court appoint a
Chairman for the arbitration panel in the above-captioned matter
Respectfully submitted,
BECKER & STRAUSBAUGH, P.C.
By:
Scott I Strausbaugh, Esquire
Counsel for Plaintiffs
544 Carlisle Street
BECKER & STRAUSBAUGH, PC
ATT wys AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
Hanover, PA 17331
(717) 630-9688
Sup. Ct. I.D. 89425
(717) 630-9688
0 0
VERIFICATION
BECKER & STRAUSBAUGH,
ATTORNEYS AT LAW
594 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
We, Alex M. Reed and Elizabeth J. Reed, verify that the statements made in this Action
for Declaratory Judgment are true and correct. We understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to
authorities.
Date: ? 2*'6 9
Dater ?S
9
Peter Them Builders Inc-
9 Rapuano Way
Carfirle, PA 17013
(717)-+1864430
To:
Mr. Alex and Ms. Elizabeth Reed
1920 Kent Drive
Came Hui, PA 17011
(717)-731422t {-{,O
RE: New Home
Lot m 14 Ceia Crossing
11 David Glenn Drive
Newville, PA 17241
Contract Agreement
Ito= bteluded in Conaad are.
0
Peter Them Builders, Inc. will supply all necessary supervision, material, and labor to complete
work as follows:
A. Contractor agrees to construct a new home at Owners property located at 11 David
Glerm Drive, Newville, Pa_ 17241, also known as Lot i'#14 Ceia Crossing
Development in the Perm Township, in Cumber}and Cotmty, PA.
B. In the construction of new home, Contractor covenants and agrees with Owner that
he will in good and workmanlike manner and in accordance with the specifications
and plans referred to herein and in accordance with the terms of this contract do and
perform all work required and supply the labor and the matet- als tequnrd for the
construction ofthe home on the premises aforesaid- Contractor will expedite the
work vigorously and will try to best of his ability to complete all work within six
months of owner closing with their bank or start of construction.
C. Owner agrees to pay the sum of $274,560.00 (Two Hundred and Seventy-Four
Tbousand, Five hundred and Sixty Dollars) to Contractor as full price for the
construction herein.
D. Contractor shall be considered an independent contractor in respect to the work in
the erection and construction of said dwelling or addition and he alone shall be
answerable for any loss or damage caused by himself or his sub-contractors agents,
or employees, and he agrees to fully indemnify, protect, and save harmless the
Owner against loss, damage, or expense as to all claims or liabilities resulting from
accident, negligence, or from any other cause. Contractor shall keep in force
adequate workmen's compensation and general liability insurance to protect himself
and Owner from all claims.
?. It is mutually agreed by and between the parties that in the event of anv dispute or
disagreement hereafter arising between them as to the character, style. or portion of
the work on said dwelling to be done, or materials to be furnished under this contract
or any other matter in connection therewith. the same shall be referred to and
resolved by a board of arbitrators, one to be selected by the Contractor, one to be
seiected by the Owner, and the third to be selected by the President of the Home
Builders Assc. Of Metropolitan Harrisburg so picked by the President hereto and
shall act as chairman of above-mentioned nanei of arbitrators. That there decision in
the matter shall be tinai and binding mon the parties hereto. Shouid either of the
1 ?
EXHIBIT
a
? A
0
said parties hereto fail to select an arbitrator as aforesaid upon ten days' notice from
the other to do, the arbitrator selected by the other said party shall have fall powerto
proceed upon. his reference, and his decision in the matter of the said dispute shall be
final and binding upon the parties. Each Patty agrees to pay the cost of their
respective arbitrator, and the Owner and Contactor do hereby agree to share equally
the cost of the third arbitrator.
F. Owner shall carry homeowner's insurance on said dwelling with Contractor as
additional named insured, Form HO-4 1.
G. Contractor-agrees to execute a stipulation agamstmechanical Bens.
H. The construction to be preformed pursuant to this contract- shall be in accordance
with the plans and specifications agreed upon by the parties, which are attached
hereto.
I. Allowances set forth. in the attached scheduled shall govern, the cost of items to be
included m this construction- In the event any change or changes shall be made in
the plans and specifications, the- same shall be made only after an agreed price for the
same has been set by the parties and acknowledgedby the signature as to either and
additional cost or a deletion from cost
J. Any additions costs in excavation due to
digging into rock and or blasting and ???`
hauling of same from site will be an
dditi
l
a
ona
expense over and above connact .
price as is any additional fill required from above mentioned excavation
.
K Co es material and workmanship for a period of one (1) year after
completion- Builder's limited warranty is inclusive within contract Contractor will
remedy or replace or repair defective work or materials. The liability of the
Contactor tinder this warranty shall be limited to the replacement or correction of
said defective material or workmanship and no other claims and demands
whatsoevershallbeniade upon orregrmzdto be allowed by the Contractor
.
L. All hash to be removed by Contractor.
M. Builder shall obtain township building permit and conform to all townships building
codes and applicable arditiances_Iftownship requires Blueprints and or-Plans that
are sealed, the costof shall be borne by Homeowner. Any and all additional
requirements not inchidedin. contractual plans and Specifications required by
township shall be cost of Homeowneras set forth in item I. Homeowner will also
obtain septic permit and design if necessary. Homeowner to supply all pert data
,
N. It is understood and agreed thatthe Owner-shall not be entitled to any material
,
which has not bees incorporated into the construction, except where he has
specifically paid for such material under the special provisions of this agreement
relating to payment specifically of cost of materials. V
0. This agrees to exercise reasonable diligence in ascertaining and reporting to
Contractor, as work under this Agreement progresses, any defects
deviations or
,
deficiency in performance or material. Owner as agrees to exeerise reasonable
diligence in informing Contactor of arty and all Change Orders and Customer
Selections as required in this AgreemetL
P. His Agreement shall be binding upon the patties, their heirs, executors
,
Administrators, successors and assigns. Owner shall not assign this Ag=reement.
-- C°: tificates of insurance for Workers Comp. And Liability to be supplied if
requested and maintained through entire building process.
(Homeowners) agrees to the followine:
A. Pavment to be made on items completed and approved to satisfaction as per attached
schedule: 5% upon closing with and signing this agreement or
.
with the closing with the bank on the construction loan.
And remaining as per attached payment schedules
.
B. A commitment from a bank showing financial resources available to Owner to
complete payments as agreed upon in this contram
4. To be bound by the terms of said contract with Builder (including every part of and all
general and special conditions. drawings, specifications and addenda), in any way
•
0
aapIicable to this Contract. Any adduional work not covered by this coauacr will be
discussed and priced before work proceeds.
IN WITNESS WHEREOF the Builder and Homeowner have executed this agreement
in duplicate, this day of 2006.
BidUff
Pe= ;"B ders,
By:
By.
1,j
Bonwownar
By
Peter Them Builders Inc
9 Rzq u Way
Carlisle, PA 17013
(717)-486-8430
General Specifications
Lot #14 Cela Crass wr Devd mnew
1. 2x6 exterior wails with R-19 insulation
2. Vinyl Windows with screens, low E and with grills between glass included With metal front doors
with leaded. glass and all other exterior doors Metal.
3. Vinyl exterior siding of home from builder selection.
4. Stone front of first floor of porch and exposed porch foundation.
5. Gas Insert fireplace to be installed andwood mufti in Family Room from Budder.
6. From porch to be concrete with sq.Wood columns and vinyl sq. rail (white).
7. Foyer stairway with oak threads and painted risers.
8. Two car garage to have one 16'x 8' door with opener.
9. 25yr Shingles, Elk Prestige 2-
10. Aluminum, facial material and vinyl soffit, with gutter, and downspouts supplied by builder.
11. 518" fire coded drywall in all attic areas and garage to living space and moisture resistant drywall in
bath walls.
12. R-19 Insulation wails with R-38 in all attic spaces and basementwail ICFS R-40-
13. Two coats Sherwin Williams flat paint sprayed on wails and ceiling with serni-gloss on trim using
builders selected colors.
14. Closet Maid shelving in closets as per builder's specifications with one shelf per closet and nurse
shelves in linen closets.
15. Interiortrim to be MDF paintable with Hmdboard.doors. First floor 2'/4 " MDF casing and 3'/4" MDF
base, second floor2114" MDF casing and 31/4" MDF base.
16. Crown molding and chaiaail in dining room only.
17. 1 towel bar and 1 toilet holder Supplied by builder In each bathroom builder's selection
18. Plumbing as per plumbing specification.
19. Heat Pump: Heating and Air per specifications with 12 SEER.
20. General cleaning service provided before moving ill.
21. All doors to have Hardware from builder's selection.
22. Deck at rear of home to be treated lumber.
23. Engineered roof truss system
24. Recessed lighting in upstairs hallway and kitchen, bath inns, smoke detectors, and ceiling fans in
master bedroom and family room, all fixtures supplied by builder and selected by builder. Exterior
lighting fixtures and light post supplied by builder.
25. A pine box stairway to basement. Handrail to be relative.
26. Poured concrete foundation with Ana Walls with waterproofing, footing drain with passive radon
remediation system vented to roof.
27. Steel Beams and 2x10 glued system thru out home where required
28. Cabinets without handles as per plan in kitchen and baths.
29. Countertop to be Corian from builder's selections and allowances.
30. Ceramic file and in kitchen laundry and baths. Hardwood in dining room and foyer as per builder
seiections.
31. Carnet to be from builder's selections in remaining home and with-in allowances.
32. 200 Amps. Electrical service, with all underground hookups, including circuit breakers, teiephone and
cable prewired in all bedrooms, family room, and kitchen. With underwriter's.
Builders broadcasted seeded yard..
3?. Dnveway is macadam as per required by township.
35. Allowances apply to all items from builder's selections.
LI
Peter Am Builders Ina
9 Rgamw Way
Carlisle, PA 17013
(717)-486.8430
Lot #14 Cela Crossing
Draw Schedule
Signing of contract 5%
Foundation- Excavation 120/a
1' Floor Framing 5%
2ad Floor Framing 5%
Roof Framing 5%
Windows and Doors 5%
Shingles 5%
Rough-in Plumbing 5%
Rough-in Heating & Cooling 5%
Rough-in Electrical 5%
Insulation 3%
Brick 3%
Siding 4%
Drywall
Taping 4%
2%
Cabinets 4%
interior Trim 2%
Rough Painting 3%
Tile Baths 2%
Finish Heating 3%
Finish Electricai 3%
Kitchen Flooring 2%
Finish Plumbing 2%
Finish Painting 2%
Landscaping 2%
Carpet ?%
TOTAL 100%
Peter Them
President
•
Peter Them Builders LtG
9 Rapuano Way
Carfisle, PA 17013
(717)-486-8430
0
Builder's Limited Warranty Agreement
This limited warranty agreement is extended by Peter Them Builder's Inc., (the builder) whose address
is 9 Rapuano Way Carlisle, PA 17013, to Mr. & Ms. Alex Reed (the buyer), who is the original buyer-of
the property at the following address: 11 David Glean Drive (Lot 14 Cela Crossing Development)
Newvrlle, PA 17241
1. What is covered by the Warranty?
The builder warraats that all construction related to the house substantially conform to the plans and
specifications and change orders for this job. The builder warrants that during the first 30 days after
the buyer moves in, the builder will adjust or corset minor defects, omissions, or malfunctions, such
as missing equipment or hardware; dripping faucets; and other minor malfunctions reported by the
buyer upon inspection of the property.
Within one (1) year from the date of closing oroccupancy by the buyer, whichever is first; the builder
will repair or replace, atthe builders option, any latent defects in material or workmanship by the
standards of construction. A latent defect is defined as one,. which was not apparent or ascertainable at
the time of occupancy. The buyer agrees to accept a reasonable match in any repair or replacement in
the eventthe original item is no longer available.
2. What is not covered?
A Damage resulting from fires, floods, storms, electrical malfunctions, accideu, s or acts of god
B. Damage from alterations, misuse, or abuse of the covered items by any person
C. Damage resulting from the buyer's failure to observe any operating instructions fimushed by the
builder at the time of installation
D. Damage resulting from a malfumction of equipment or lines of the telephone, gas, power or water
companies.
E. Any items listed as Non-warrantable Conditions on the list that is incorporated in contract;
the buyer acknowledges receipt of the list of Non-warrantable conditions
initials) yea s
F Any item furnished or installed by the buyer
G. Any appliance, piece of equipment, or other item that is a consumer product for the purposes of
the Magnuson-Moss Warranty Act, 15 United States Code 2301 et seq., installed or included in
the buyer's property.
The oniv warranties on items listed below are those that the manufacturer provides to the buyer.
Appliances
Clothes dryer Kitchen center Refrigerator
Clothes washer Microwave Ranee, stove. cooktoD
Dishwasher Oven and ovenhood Trash compactor
rreezer Garbage disposal ice maker
Heating and Ventilation
Air-condirioning Exhaust fan Space beater
Boiler
Electronic air cleaner
•
Furnace Thermostat
Heat Pump Humidifier
Mechanical and/or Electrical
Burglaralarm
Central vacuum system
Chimes
Electric meter
Intercom
Fire cr Smoke detector
Garage door openers Watermeter
Gas meter Water pump
Gas or electric barbecue grill Fire alarm
Stereo system
Plumbing
Garbage disposal
Sump pump
Water heater Whirlpool bath
Water softener
The following items are not consumer products under the Magnuson Moss Warranty Act when sold as
part of a new home:
Heating and Ventr7ation
Duct Register Radiator
Mechanical and/or Electrical
Circuit breaker Electrical panel box Garage door
Electrical switcb/outlet Fuses Wiring
Plumbing
Bidet Showerstall Faucet, trap, drain
Bathtub Sprinkler-head Laundry tray
Plumbing fittings Showerhead Toilet
Vanity Sink Medicine cabinet
Miscellaneous Items
Cabinet Floor covering Shelving
Ceiling (includes carpeting, Shingles
Chimney/fireplace linoleum the Wall/wall covering
Door parquet) Windows
Fencing Gutter
If the item has a function separate and apart from the house. it is likely to be considered a consumer
product (such as a water heater, stove. or refrigerator), whereas other items (such as floorboards and
trusses) are not
1. The builder has made any such warranties available to the buyer Tor the b Vinspecnon and the
buyer acknowledges receipt of copies of any warranties requested uyer s inmais)
The builder hereby assigns (to the extent that they are assignable) an conveys to the buyer all
warranties provided to the builder on any manufacnn-ed items that have been installed or mciuded in
the buyer s property. The buyer accepts this assignment and acknowledges that the?der s oniv
responsibility relating to such items is to lend as istance to the buyer m.se " gclaim resuinns
from the installanon of these products. uyer's initials) m (builder's imbais)
i r?.
3. Remedies and Limitations
A. The buyer understands that a remedies under this limited
R'atranry ageement are repair and
replacement as se forth. ' initials)
S. With respectto any claim P ver asserted by the buyer againthe builder, the buyer
understands that the buyer will have no right to recover or request compensation for, and the
builder-shall not be liable for.
1. Incidental, consequential, seco 'Pry, or punitive damages
3. Damages for aggravation, anguish, emotional distress, or pain or suffering
Attorney's fees or costs er's initials)
C. The builder. hereby limits the of all implied warranties, including the implied warrannes
of habitability, and workmanl$ce •on to one (1) year fram the date of sale or the date of
occupancy, whichever comes er's initials)
D. These limitations shall be enforceable cadent permitted by law.
B. This warranty is personal to the original buyer-and does not rul with the property or the items
contained in the house. The original buyermay 4(Cyes , transfer, or convey this warranty
without the prior written consent of the bntlinitisi4. How to Obtain Service If a problem develops during the warranty period, the buyer should notify the builder in writing at the
address given above of the specific problem. The written statement of the problem should include the
buyer's name, address, telephone number, and a description of the nature ofthe problem. The builder will
begin performing the obligations under this warranty within a reasonable time of the builder's receipt of
such a request and will diligently pursue these obligations.
Repair work will be done during the builder's normal working hours except where delay will cause
additional damage. The.buyeragrees to provide the builder or builder's represe>ttative access to the house.
The buyer also agrees to provide the presence (during the work) of a responsible adult with the authority to
approve the repair and sign an acceptance of repair ticket upon completion of the repair.
Where to Get Help
If the buyer's wants help orinformation concerning this warranty, the buyer should contact the builder.
6. The Warranty Given by the Builder
The buyer acknowledges (a) that he or she bas thoroughly examined the property to be conveyed, (b)
the buyer has read and understands the limited warranty, and (c) the builder has made no guaranties,
warranties, undezstandmgs, nor representations (nor have any been made by any representatives of the
builder) that are not set forth in this document.
I acknowledge having read, understood, and received a copy of this limited warranty agreement
By
Ti
Petm-Them Builders Inr-
9 Rapuano Way
Carlisle, PA 771173
(7.779-486-8430
Builder's Statement of Nonwanantabie Conditions
This statement ofconditions that are not subject to the builder's warranties explains some of the
changes and need for maintenance that may occur in a new house over the first year or so of occupancy. A
house requires more maintenance and cane than most products because it is made of many different
components, each with its own special characteristic;.
The buyers finds that like other products made by humans, a house is not perfect. It will
show some minor flaw and unforeseeable defects and may require some adjustments and touching up.
As described-in the limited warranty provided to the buyers of which this statement of
Nonwaaantable Conditions is made a part, the builder will correct certain deflects that:arise during defined
time periods after construction is completed. Other items that are not covered by the builder's warranty
may be covered by manuilchners warranties-
Some conditions, including (but not limited to) those listed in this statement of nom-datable
conditions, are not covered under the builder's warranties. The buyers should read these c ambally and
understand that the buyers have not contracted for the builders to correct certain types of problems that
might occur in the buyers house. These guidelines will alert the buyers of certain types of maintenance (a)
that are the responsibility of the buyers and (b) that could lead to problems if they are neglected.
The following list outlines some of the conditions that are not waaaated by the builder. The
buyers should be. sure to understand this list;. If the buyers have any questions, they should ask the builder
and feel free to consult an attorney before signing the acknowledgment
1. Concrete
Concrete foundations, steps, walks, drives, and. patios can develop cracks that do not aifrect the
structural integrity of the building These cracks are caused by characteristics of the concrete itself No
reasonable method of eliminating these cracks exists. This condition does not effect the strength of the
building.
2. Masonry and Mortar
Masonry and mortar can develop cracks from shrinkage of either the mortar or the brick. This
condition is normal and should not be considered a defect
3. Wood
Wood will sometimes check or crack, or the fibers will saread apart because of the drying-out process.
This condition is most often caused by the heat inside the house or by exposure to the sum on the
outside of the house. This condition is considered normal, and the homeowner is responsible for any
maintenance or repairs resulting from it.
4. Sbeetrock and Drvwall
Sheetrock or drywall will sometimes develop nail pops or settlement cracks, which are a normal pan of
the drying-out process These items can easily be handled by the homeowner with spackling during
normai decorating. If the homeowner wishes. however, the builder will send a worker at the end of
one (1) year to make necessary repairs. The builder's repairs will not include repainting.
Floor Squeaks
After extensive research and writing on the subject technical experts have concluded that much has
been vied but little can be done about floor squeaks. Generally floor squeaks will appear and
disappear over time with cbat--es in the weather and other phenomena
•
6 Floors
Floors are not warranted for damage caused by neglect: or the incidents of use. Wood, tile, and carpet
all require mamtmmce. Floor canisters are recommended to prevent scratching or chipping of wood
or We, and stain s should be cleaned from carpets, wood, or tile immediately to prevent discoloration
Carped has a tendency to loosen in damp weather and will stretch tight again in dryer-weather.
7. Caulking
Exterior caulking and interior caulking m bathtubs, shower stalls, and ceramic tile surfaces will crack
or bleed somewhat in the months after installation. These conditions are normal and should not be
considered a problem. Any maimEnsmce or repair resulting from them are the homeowner's
responsibility.
8. Bricks Discoloration
Bricks may discolor because of the elements, rain rtm-off? weathering, or-bleaching- Efflorescence--
The formation of salts on the surface of brick walls--may occur because of the passage of moisture
through the wall Efflorescence is a common occurrence, and the homeowner can clean these areas as
the phenomenon occurs.
9. Broken Glass
Any broken glass or maters that are not noted by the buyers on the final inspection form are the
responsibility of the buyers.
10. Frozen Pipes
The buyers must take precautions to prevent freezing of pipes and sillcocks during cold weather, such
as removing outside hoses from sillcocks, leaving faucets with a slight drip, and tmmg; off the water
system if the house is to be left for extended periods during coldweather.
11. Stained Wood
All items that are stained will normally have variation of color because of the different textures of the
woods- Because of changes in weather doors that have panels sometimes dry out and leave a small
space of bare wood, which the homeowner can easily, touch up. These conditions should not be
considered defects.
12. Paint
Good-quality paint has been used internally and maernally on the home. Nevertheless exterior paint
can sometimes crack or check- The source of this defect is most often something other than the paint
To avoid problems with the paint, buyers should avoid allowing lawn sprinklers to hit painted areas,
washing down painted areas, and so on. Buyers should also not scrub latex-painted inside walls and
3heul& be careful of newly painted walls as they move ftnnitu e. The best paint will be stained or
chipped if it is not cared for properly.
13. Cosmetic Items
The buyers have not connected with the builder to cover ordinary wear and tear or other occurrences
subsequent to construction that affect the condition of features in the home. Chips, scratches, or mars
in the tile, woodwork, walls, porcelain, brick, mirrors, plumbing fixtures, marble, and Formica tops.
lighting fixures, kitchen and other appliances, doors, paneling, siding, screens, windows, carpet, vmyl
floors, cabinets, and the like that are nor recognized and noted by the buyers at the final inspection are
nonwarrantabie conditions, and the upkeep of any cosmetic aspect of the house is the buyers
responsibility.
14. Plumbing
Dripping faucets, toilet adjustments. and toilet seats are covered by the builder's warranty for a 30-day
period only. After that, they are the buyers responsibility. If the plumbing is stopped up during the
warranty period and the person servicing the piumbing ands foreign materials in the line. the buyers
will be billed for the call.
- 0
•
15. Alterations to Grading
The buyers lot has been graded to ensure proper drainage away from the home- Should the buyers want
to change the drainage pattern because of landscaping, installation of patio or service walks, or other
reasons, the buyers should be sure to retain a proper dramage slope. The builder assumes no
responsibility for the grading or subsequent flooding or sit pool formation if the established
pattern is altered.
16. Lawn and Shrubs
The builder accepts no responsibility for the growth of grass or shrubs. Once the builder grades, seeds
the yard. the buyer must water the plants and grass sufficiently, and plant grouid cover where
necessary to prevent erosion. The builder will not regrade a yard, nor remove or replace any shrubs or
trees, except for those that are noted as diseased at final inspection.
17. Heating and Air-Conditioning
The buyers source of heating and air-conditioning is covered by a mamabcalree s wad,. The buyer
is responsible for making sure the filters are kept clean and changed every thirty (ap) days. Failure to
do so may void the warranty. Having the equipment serviced or checked at least yearly is a good idea
18. Indoor Air Quality
The builder further disclaims and buyers waives-Mmless otherwise expressly provides for in the builders
limited warranty-all warranties, express or implied, including but not limited to the warranties of good
workmanship, habitability, merchantability, and fitness of purpose and including any warranties that
could be construed to cover the presence of radon or other environmental pollutants. The only
warranties the builder provides to the buyers are those contained in the limited warranty.
I acknowledge having read and understood and received a copy of the outline above of nonwacranrable
hems. I understand and agree thatthese are conditions for which we have not contracted and for which
I will not hold the builder liable.
Builder
Date.
By:
Date: J
0
BECKER & STRAUSBAUGH, P.C.
A Professional Corporation
Attorneys at Law
544 Carlisle Street
Arthur J. Becker, Jr. Hanover, Pennsylvania 17331
Scott J. Strausbaugh
(717) 630-9688
Fax (717) 630-0691
Paralegals:
Joann Medvigy E-mail bandspc@netrax.net
Heather Jones
September 19, 2007
SENT VIA FACSIMILE TRANSMISSION ONLY (717-730-7366)
Richard Joyce, Esquire
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011-4642
RE: Mr. and Mrs. Alexander M. Reed vs. Peter Them Builders, Inc.
Dear Attorney Joyce:
This letter is for settlement purposes only and not intended to be an admission of fact or liability
and may not be used as an exhibit or as evidence in the above matter or in any related
proceeding. All facts contained herein are my assumptions and impressions for settlement
purposes only. Assuming these facts, I am pleased to advise that my firm represents Mr. and
Mrs. Alexander M. Reed. In that regard, my clients authorized me to propose the following
settlement structure:
Since Paragraph 1 (E.) of the construction contract requires the parties to participate
in a binding Arbitration, I suggest that the parties agree upon an Arbitrator, define the
limits of the authority of the Arbitrator, and proceed to sign an agreement which
encapsulates this understanding in lieu of any other requirements otherwise imposed
by the contract.
2. I propose that we use a former Judge as the arbitrator e.g. former Judge Thomas C.
Raup, Raup & Wiley, 829 West Fourth Street, Williamsport, PA 17701 telephone
number, 570-321-0709, former Judge G. Thomas Miller, 401 S 32nd Street, Camp
E11, PA 17011, telephone number 717-920-55_00, or former Judge Albert G. Blakey,
17 East Market Street, York, PA 17401, telephone number 717-845-3674. Although I
have no preference among these proposed Arbitrators, I strongly recommend that my
clients only agree to use a former Judge. This will ensure that the selected Arbitrator
has a thorough understanding of the issues in dispute.
J
Q
1 EXHIBIT
a
B
d
Q
•
Letter to Richard Joyce, Es e •
K
September 19, 2007
Page Two
I propose that our clients divide equally the cost of the Arbitrator. In the alternative, I
have no objection to allowing the Arbitrator have the authority to allocate costs
between the parties.
4. I suggest that we allow the Arbitrator to render a decision limited to money damages
which would range between a requirement that the homeowners pay the builder
$12,000.00, to the builder paying the homeowner $25,000.00, or any damage amount
in between these two. I only selected these ranges because these figures were the
maximum amounts requested by each party to date.
I do not recommend that my clients proceed with a non-binding mediation for two
reasons: (1) Given the cost that they have already incurred in attempting to mediate
this matter, they should not be required to spend any additional money in counsel fees
without knowing that the matter will be brought to closure; and (2) the contract itself
calls for binding Arbitration and my proposal allows the parties to have one meeting
to resolve the matter without incurring the expense or the uncertainty of selecting
three (3) Arbitrators to address this dispute.
Please advise me within ten (10) days of the date of this letter as to whether your client is in
agreement. If so, I will forward to you an Agreement to be signed by both parties to resolve the
settlement structure. In the meantime, if you have any questions regarding this correspondence,
please call me.
Very truly yours,
Arthur J. Becker, Jr.
AJB/jm
cc: Mr. and Mrs. Alexander Reed
•
•
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717-763-1383
TELEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
LINUS E. FENICLE
THOMAS O. WILLIAMS
PETER R. WILSON
Writer's E-Mail Address: RJovicelaReaoerAdlerPC.com
October 8, 2007
Via Facsimile and First-Class Mail
Arthur J. Becker, Jr., Esquire
Becker & Strausbaugh, PC
544 Carlisle Street
Hanover, PA 17331
[Fax: 717.630.0691]
Re: Peter Them Builders, Inc. and Alex and Elizabeth Reed
Our File No. 07-204.000
Dear Mr. Becker:
-97
SUSAN H. CONFAIR
JOHN H. PIETRZAK
RICHARD J. JOYCE
+Certified Civil Trial Specialist
Thank you for your letter dated September 19, 2007, in which you proposed an
alternative arbitration process from that set forth in the parties' Contract. I reviewed your
proposal with Peter Them Builders, and Them will not waive the contractual arbitration
provision. Accordingly, as per Paragraph E of the Contract, I am providing you with notice that
the Contractor has selected George B. Faller, Jr., Esquire as its party arbitrator. Kindly select a
party arbitrator on behalf of the Owner and inform me of your selection within the next. ten (10)
days, so that we may contact the President of the Home Builders Association of Metropolitan
Harrisburg to select a third, and presiding arbitrator.
Thank you for your cooperation in this matter. Should you have any questions, please
feel free to contact me.
Very truly yours,
Richard J. Joyce
RJJ/jne
cc: Peter Them Builders, Inc. (via electronic mail) EXHIBIT
George B. Faller, Jr., Esquire (via facsimile)
a C
BECKER & STRAUSBAUGH, P.C.
A Professional Corporation
Attorneys at Law
Arthur J. Becker, Jr. 544 Carlisle Street
Hanover, Pennsylvania 17331
Scott J. Strausbaugh
(717) 630-9688
Paralegals: Fax (717) 630-0691
Joann Medvigy E-mail bandspc@netrax.net
Heather Jones
October 15, 2007
SENT VIA FACSIMELE TRANSMISSION ONLY (717-730-7366)
Richard Joyce, Esquire
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011-4642
RE: Mr. and Mrs. Alexander M. Reed vs. Peter Them Builders, Inc.
Dear Attorney Joyce:
We have selected former Judge Thomas C. Raup, Raup & Wiley, 829 West Fourth Street,
Williamsport, PA 17701 telephone number, 570-321-0709 as our arbitrator. Although we will
pay the cost of our arbitrator, we will request reimbursement from your client for these costs.
Please advise me of proposed arbitration dates and locations so that we may move quickly to
finalize these matters. In the meantime, if you have any questions regarding this
correspondence, please call me.
AJB%jm
cc: Mr. and Mrs. Alexander Reed
ry truly yours,
Arthur J. Becker, Jr.
FOE IT
• Page 1 of 1
r
Arthur J. Becker Jr., P.C.
From: Rich Joyce [RJoyce@ReagerAdlerpc.com]
Sent: Friday, October 19, 2007 3:55 PM
To: James Clippinger
Cc: bandspc@netrax.net
Subject: RE: Arbitration
In my review of the arbitration provision, there does not appear to be a set timeframe for the HBA President to
appoint an arbitrator. While both parties wish for the arbitration to move forward expeditiously, I have no objection
to the decision being made on the 1st. However, I have copied the Owners' counsel, Mr. Becker, on this email in
case he wishes to raise an objection to that timeframe.
Thank you.
From: James Clippinger [mailto:jclippinger@caldwelikearns.com]
Sent: Thursday, October 18, 2007 4:41 PM
To: Rich Joyce
Subject: Arbitration
What is your time frame ? The HBA President would like to have Exec Com affirm her appointment and they don't
meet until the 1 st .
10/23/2007
EXHIBIT
Q E
M 0
11 BECKER & STRAUSBAUGH, P.C.
A Professional Corporation
Attorneys at Law
Arthur J. Becker, Jr. 544 Carlisle Street
Scott J. Strausbaugh Hanover, Pennsylvania 17331
Bobbi J. Riley (717) 630-9688
Fax (717) 630-0691
Paralegals: E-mail bandspc@gmail.com
Joann Medvigy
Heather Jones
April 11, 2008
SENT VIA FACSIMILE TRANSMISSION ONLY (717-730-7366)
Richard Joyce, Esquire
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011-4642
RE: Alexander M. Reed and Elizabeth Reed vs. Peter Them Builders, Inc.
Dear Attorney Joyce:
We have received information from Judge Raup, our previously selected arbitrator for the
above-captioned matter that he was not interested in serving as an arbitrator on a panel of three
and would prefer to serve as a sole arbitrator. Given that the contract between the parties
requires three arbitrators participate in the arbitration, we have selected the Honorable G.
Thomas Miller as our arbitrator in this matter. I am writing also to request the status of the
Builders Association retention of the third arbitrator to serve on this panel so I may notify Judge
Miller appropriately. If you have any questions regarding this correspondence, please feel free to
contact me.
Very truly yours,
Scott J. Strausbaugh
SJS/hmj
cc: Mr. and Mrs. Alexander M. Reed
EXHIBIT
a F
Y
BECKER & STRAUSBAUGH, P.C.
A Professional Corporation
Attorneys at Law
Arthur J. Becker, Jr. 544 Carlisle Street
Scott J. Strausbaugh Hanover, Pennsylvania 17331
(717) 630-9688
Paralegals: Fax(717)630-0691
Joann Medvigy E-mail bandspc@gmail.com
Heather Jones
May 2, 2008
SENT VIA FACSIMILE TRANSMISSION ONLY (717-232-2766)
James R. Clippinger, Esquire
Caldwell Kerns
Attorneys at Law
3631 North Front Street
Harrisburg, PA 17110-1533
RE: Alexander M. Reed and Elizabeth Reed vs. Peter Them Builders, Inc.
Dear Attorney Clippinger:
Thank you for speaking with me on April 24, 2008. Based on our telephone
conversation, it is my understanding that the Home Builders Association of Metropolitan
Harrisburg does not provide arbitration services or representatives to serve on arbitration panels.
The Association limits its services to mediation only and therefore you cannot provide me with
the names of the panel members of the arbitration in the above-captioned matter. If any
information in this letter is incorrect, please notify me in writing immediately, so that I may work
with opposing counsel to secure an arbitrator from another source.
Very truly yours,
G?--_
Scott J. Strausbaugh
SJS/hmj
cc: Mr. and Mrs. Alexander M. Reed
Richard Joyce, Esquire (sent via facsimile transmission only)
EXHIBIT
G
- ?
- na
C-5
„
-41
Fri
rot i
c SS.Ar'
N
03
w
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05461 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
REED ALEX M ET AL
VS
PETER THEM BUILDERS INC
MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within DECLARATORY JUDGMENT
PETER THEM BUILDERS INC
the
DEFENDANT , at 0015:05 HOURS, on the 25th day of September, 2008
at 9 RAPUANO WAY
CARLISLE, PA 17013
was served upon
by handing to
PETER THEM DEFENDANT; PRESIDENT OF CO.
a true and attested copy of DECLARATORY JUDGMENT together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
10/0.11® P 9rk
18.00
6.00
.00
10.00
00
34 00
Sworn and Subscibed to
before me this
day
So Answers:
.rat
R. homas Kline
09/26/2008
BECKER & STRAUSBAUGH
By:
Deputy Sheriff
of A. D.
REAGER & ADLER, P.C.
BY: Richard J. Joyce
Attorney I.D. No. 85520
Email: Rjoyce ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for Peter Them Builders, Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH No. 08-5461 CIVIL TERM
J. REED, husband and wife
Plaintiffs, CIVIL ACTION - LAW
Vs.
CIVIL ACTION - EQUITY
PETER THEM BUILDERS, INC
Defendant.
NOTICE TO PLEAD
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.
Respectfully submitted,
Dated: October L, 2008
REAGER & AD
P.C.
Richard J. Joyce
Attorney for Defendant,
Peter Them Builders, Inc.
REAGER & ADLER, P.C.
BY: Richard J. Joyce
Attorney I.D. No. 85520
Email: Rioyce(EDReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for Peter Them Builders, Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH No. 08-5461 CIVIL TERM
J. REED, husband and wife
Plaintiffs, CIVIL ACTION - LAW
VS. CIVIL ACTION - EQUITY
PETER THEM BUILDERS, INC.
Defendant.
DEFENDANT'S ANSWER TO PLAINTIFFS' ACTION FOR DECLARATORY
JUDGMENT WITH NEW MATTER
AND NOW, comes Defendant, Peter Them Builders, Inc., and files the within
Answer to Plaintiffs' Action for Declaratory Judgment along with accompanying New
Matter. And in support thereof, Defendant avers as follows:
ANSWER TO ACTION FOR DECLARATORY JUDGMENT
1. Admitted upon information and belief.
2. Admitted.
3. Admitted in part, denied in part. Admitted to the extent that the parties
hereto did enter into a Contract, dated January 31, 2006, and that a copy of relevant
portions of the Contract are attached to Plaintiffs' Complaint as Exhibit A. However,
any characterizations by Plaintiffs regarding the Contract, or its terms, are specifically
denied, since the Contract, as a writing, speaks for itself.
4. Denied. It is specifically denied that the Defendant made any assurances
or representations to Plaintiffs, other than those set forth in the Contract between the
parties.
5. Denied as stated. Defendant substantially completed Plaintiffs' home at 11
David Glenn Drive, Carlisle, Pennsylvania ("Home") by September 2006, but as is
standard in the construction industry, there were some punch-list items remaining.
However, to the extent that Plaintiffs assert that there were significant items remaining to
be completed, that assertion is specifically denied. Defendant substantially completed
Plaintiffs' Home, and the Contract, by September 28, 2006.
6. Denied as stated. Defendant is without knowledge or information
sufficient to form a belief as to the truth of Plaintiffs' allegations regarding their
ability to obtain alternative housing on October 1, 2006. However, Plaintiffs' Home was
completed by October 1, 2006, as evidenced by the Certificate of Occupancy issued
for the Home by Penn Township on September 28, 2006.
7. Admitted in part and denied in part. It is admitted. that the parties have
attempted to resolve the disputes between them regarding final payment for construction
of the home and punch-list items. Additionally, it is admitted that the disputes between
the parties remain unresolved as of this time. However, it is denied that the only disputes
between the parties relate to asserted defects and unresolved punch-list items. There is
2
also a dispute regarding final payment for the Reeds' Home, which was never received
by the Defendant.
8. Admitted. By way of further response, the Contract, as a writing, speaks
for itself. While the quote in Paragraph 8 of Plaintiffs' Declaratory Action is not
exactly accurate with regard to punctuation, it captures the material agreement
between the parties regarding arbitration. However, Defendant would add that the entire
Paragraph lE should be reviewed for sake of completeness, and to point out that the
parties have agreed to share the cost of arbitration equally.
9. Denied. The letter of September 19, 2007, as a writing, speaks for
itself.
10. Denied. The letter dated October 8, 2007, as a writing, speaks for itself.
11. Denied. The letter dated October 15, 2008, as a writing, speaks for itself.
12. Admitted upon information and belief.
13. Denied. The email dated October 19, 2007 and attached to Plaintiffs'
Complaint at Exhibit E, as a writing, speaks for itself.
14. It is admitted that no one from HBA ever responded to Defendant's
counsel's request for appointment of a presiding arbitrator for the arbitration panel.
15. Denied. The letter dated April 11, 2008 and attached to Plaintiffs'
Complaint as Exhibit F, as a writing, speaks for itself.
16. Admitted.
17. Denied. Defendant is without knowledge or information sufficient to form
a belief as to the truth of the averments regarding Plaintiffs' counsel's correspondence
3
with Mr. Clippinger. By way of further response, the letter dated May 2, 2008 and
attached to Plaintiffs' Complaint as Exhibit G, as a writing, speaks for itself.
18. Denied. Paragraph 18 is denied as a conclusion of law to which no further
response is required. Without waiving the foregoing, the statutory provision quoted in
Plaintiffs' complaint speaks for itself.
19. Denied. Paragraph 19 states a conclusion of law, to which no further
response is required.
20. Denied. Paragraph 20 states a conclusion of law, to which no further
response is required.
21. Denied. Paragraph 21 states a conclusion of law, to which no further
response is required. Without waiving the foregoing, Section 7305 of the Uniform
Arbitration Act, as a statutory provision, speaks for itself
22. Denied. Paragraph 22 sets forth a conclusion of law, to which no further
response is required. Without waiving the foregoing, it is denied that the arbitration
provision of the Contract has "failed." On the contrary, letters exchanged by counsel
exhibit an agreement in principle to a method for selecting the presiding arbitrator within
the parameters of the contractual arbitration provision, before this Action was filed by
Plaintiffs. See New Matter, infra.
WHEREFORE, the Defendant, Peter Them Builders, Inc., respectfully requests
that Plaintiffs' request for Declaratory Judgment be denied as premature. In the
alternative, Defendant respectfully requests that this Honorable Court select three
potential presiding arbitrators from which the parties can select a presiding arbitrator, or
4
schedule a status conference so that the parties can finalize the selection of a presiding
arbitrator with the Court's assistance.
NEW MATTER
23. Paragraphs 1-22 of Defendant's Answer to Declaratory Action are
incorporated herein by reference as if set forth in full.
24. On May 22, 2008, Plaintiffs' counsel sent correspondence to Counsel for
Defendant confirming that the Home Builders Association of Metropolitan Harrisburg
had never selected an arbitrator in accordance with the parties' arbitration provision, and
proposing that the parties make a joint request to have a presiding arbitrator selected from
the Cumberland County pool of arbitrators. A true and correct copy of the May 22, 2008
letter is attached hereto as Exhibit A.
25. By way of a fax letter dated June 18, 2008, Plaintiffs' counsel recounted
an exchange between counsel wherein Defendant's counsel left a message explaining that
Peter Them, a principal of Defendant, was unavailable due to a medical setback and Mr.
Them had spent some time in the hospital. Plaintiffs' counsel requested a response to the
proposal for selecting an arbitrator by June 20, 2008 at the close of business. A true and
correct copy of the June 18, 2008 letter is attached hereto as Exhibit B.
26. On June 20, Defendant's counsel faxed and mailed correspondence to
Plaintiffs' counsel explaining an internal mix-up with the June 18, 2008 facsimile,
acknowledging Plaintiffs' right to a timely response to their proposal, and promising a
response by June 25, 2008. A true and correct copy of the June 20, 2008 correspondence
is attached hereto as Exhibit C.
27. Between June 20 and June 24, 2008, Counsel for Defendant attempted,
without success, to contact Plaintiffs' counsel in order to discuss the proposal.
28. On June 24, 2008, Counsel for Defendant sent a letter of that same date
setting forth Defendant's position on the arbitrator selection proposal in writing. A true
and correct copy of the June 24, 2008 letter is attached hereto as Exhibit D.
29. As set forth in the June 24, 2008 correspondence, Defendant agreed in
principle with Plaintiffs' proposal for selecting a presiding arbitrator. Defendant
expressed a concern that a list of three possible arbitrators should be selected in case
there were conflicts that existed. This would prevent the parties, and the Cumberland
County Court Administrator, from wasting time going through the arbitrator selection
process twice. At the close of Defendant's Counsel's June 24 correspondence, there was
an invitation for Plaintiffs' Counsel to contact Defendant's Counsel to resolve any
remaining issues. See Exhibit D.
30. Plaintiffs' Counsel never contacted Defendant's Counsel, but rather, filed
the instant Declaratory Action.
31. On both October 6, 2008 and October 8, 2008, Defendant's Counsel left
voicemail messages with Plaintiffs' counsel to discuss selection of a presiding arbitrator
prior to committing client resources to answering Plaintiffs' premature Declaratory
Action. As of the time of this filing, Plaintiffs' Counsel has not returned either of
Defendant's Counsel's telephone calls.
32. As set forth above, despite multiple efforts by Defendant's Counsel,
Plaintiffs' counsel has not responded in order to finalize the parties' agreement in
principle on selecting a presiding arbitrator.
6
33. Accordingly, Plaintiffs' request for this Court to declare the arbitration
clause "failed" is premature, as the parties have an agreement in principle, with some
minor mechanics all that remain to be resolved.
WHEREFORE, Defendant, Peter Them Builders, Inc., respectfully requests that
this Court deny Plaintiffs' request for Declaratory Relief as premature. In the alternative,
Defendant respectfully requests that this Honorable Court select three potential presiding
arbitrators from which the parties can select a presiding arbitrator, or schedule a status
conference so that the parties can finalize the selection of a presiding arbitrator with the
Court's assistance.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: October 15, 2008
Richard J. Joyce
Attorney I.D. No. 85520
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Defendant
Peter Them Builders, Inc.
7
VERIFICATION
1, Peter Them, hereby
verify that the averments of the
knowledge, information and
sub*t to the penalties of 18 Pa
ties.
Date:
ify that I am authorized by Peter Them Builders, Inc. to
ing document are true and correct to my personal
I understand that false statements herein are made
§4904, relating to unworn falsification to authon-
Peter Them
r', kx,-j" --/- /
111UY-22-2UC:? ..._:sr
Arthur J. Becker, Jr.
Scott 1. Strausbaugh
DECKER & STRAUSBAUGH PC
BPCKER & STRAUSBAUGH, P.C.
A Professional Corporation
Attorneys at Law
544 Carlisle Street
Hanover, Pennsylvania 17331
(717) 630-9688
Fax (717) 630-0691
Paralegals:
.loann Medvigy
i ieather Jones
F-mail bandspc@gmaii.com
May 22, 2008
SENT VIA FACSIMILE TRANSMISSION ONLY (717-730-7366)
Richard Joyce, Esquire
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011-4642
717 630 0691
RE: Alexander M. Reed and Elizabeth Reed vs. Peter Them Builders, Inc.
Dear Attorney Joyce:
As you know, I spoke to James Clippinger, Esquire, of the Home Builders Association of
Metropolitan Harrisburg who advised the Association does not offer nor have they ever, to his
knowledge, selected arbitrators to serve on arbitration panels. In that regard, l would suggest
that we contact the Court Administration Office for Cumberland County and request the name of
a qualified attorney on their arbitration list who may serve as the presiding arbitrator. Please
advise me in writing within five (5) days of this letter whether this is a suitable proposal for the
selection of the third arbitrator. 11' you have any questions regarding this correspondence, please
feel free to contact me.
Very truly yours,
S I J. Strausbauggh
SJS/hmj
cc: Mr. and Mrs. Alexander M. Reed
P.02
TOTAL P.02
?x?;Z14 IC
UN- -?bbb :. 5b titC KtK ?S b 1 KHUbbHUUH HL
RECIKER & STRAUSSAUGH, P.C.
A Professional Corporation
Attorneys at Law
544 Carlisle Street
Arthur J. Becker. Jr. Hanover, Pennsylvania 17331
S&ott J. Strausbaugh
(717) 630-9688
Fax (717) 630-0691
Par.dcgals: E-mail bandspc@ginail.com
Headier Jones
Vickie Flood
June 18, 2008
SENT VIA FACSIMEE TRANSMISSION ONLY (717-730-7366)
Richard Joyce, Esquire
Reager & Adler., PC
2331 Market Street
Camp Hill, PA 17011-4642
Y-I'( b.50 Ob'?1
RE. Alexander M. Reed and Elizabeth Reed vs. Peter Them Builders, Inc.
Dear Attorney Joyce:
H.e?
I acknowledge receipt of your voice mail approximately two (2) weeks ago wherein you
advised that Mr. Them is reportedly in the hospital in a rather serious condition. As a result, you
were unable to speak to him at that time regarding our proposal for the arbitration panel as
outlined in my letter to you dated May 22, 2008. As you know, my clients want to move this
matter forward and 1 am troubled that 1 still have no response nearly a month later.
Therefore, please be advised that your client has until 5:00 p.m. on June 20, 2008 to
consent to the appointment of the third arbitrator as outlined in my May 22, 2008 letter.
Otherwise, I will simply file a civil action in Cumberland County. If you have any questions
regarding this correspondence, please feel free to contact me.
Very truly yours,
Scott J. Strausbaugh
SJSlvh
cc: Mr. and Mrs. Alexander M. Reed
TOTAL P.021
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J
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717-763-1383
TELEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
LINUS E. FENICLE
THOMAS O. WILLIAMS
PETER R. WILSON
Writer's E-Mail Address: R )oviceQ)ReaaerAdlerPC.com
June 20, 2008
Via Facsimile and First-Class Mail
Scott J. Strausbaugh, Esquire
Becker & Strausbaugh, PC
544 Carlisle Street
Hanover, PA 17331
[Fax: 717.630.0691 ]
Re: Peter. Them Builders, Inc. and Alex and Elizabeth Reed
Our. File No. 07-204.000
Dear Mr. Strausbaugh:
SUSAN H. CONFAIR
JOHN. H. PIETRZAK
RICHARD J. JOYCE
+Certified Civil Trial Specialist
I am in receipt of your letter dated June 18, 2008, which due to an internal facsimile mix-
up I saw for the first time this morning. In your letter you request an answer on your proposal to
have the third and final arbitrator selected from the pool of Cumberland County Arbitrators by
the end of business today, or you intend to file suit on behalf of your client.
First, because I was only able to forward your letter of June 18 to my client today, I
would ask that you allow us until Wednesday, June 25, 2008 to respond to your proposal. While
you and your client are entitled to a timely response, I would ask that you extend a professional
courtesy, and allow a couple of days for me to talk to my client. Unless I hear from you to the
contrary, I will assume that you will allow until Wednesday, June 25, 2008 for a response.
Next, because the parties entered into a contract that contains a binding arbitration clause,
Peter Them Builders reserves the right to file preliminary objections to any complaint filed in the
Court of Common Pleas. Peter Them Builders has fully complied with the arbitration provision
of the parties' Contract. With previous counsel, Them made a good faith attempt to resolve this
matter through mediation, which fell through when the Reeds' then counsel did not show up for
the mediation. Then, upon the Reeds retaining your office, I spoke with and sent a letter to the
solicitor for the Home Builders Association of Metropolitan Harrisburg in an effort to have an
arbitrator selected in accordance with the contractual provisions. Them was not responsible for
the delay in the Home Builders' response, and Them was surprised that the Home Builders
would not appoint an arbitrator. Accordingly, while I understand your clients' frustration with
the delay and the desire to move this case forward, Them has not acted in any manner that would
permit the Court to.circumvent the mutually bargained for arbitration provision.
Scott J. Sirausbaugh, Esquire
June 20, 2008
Page 2
In closing, Them shares in your clients' desire to bring this matter to a conclusion, and I
thank you in advance for your anticipated cooperation.
Should you wish to discuss this issue further, please feel free to call me.
Very truly yours,
Richard J. Joyce
RJJ/seh
cc: Peter Them Builders, Inc. (via electronic mail)
?x?.?.? ?
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717-763-1383
TELEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
LINUS E. FENICLE
THOMAS O. WILLIAMS
PETER R. WILSON
Writers E-Mail Address: RJovice(ZbReaaerAdlerPC.com
June 24, 2008
Via Facsimile and First-Class Mail
Scott J. Strausbaugh, Esquire
Becker & Strausbaugh, PC
544 Carlisle Street
Hanover, PA 17331
[Fax: 717.630.0691]
Re: Peter Them Builders, Inc. and Alex and Elizabeth Reed
Our File No. 07-204.000
Dear Mr. Strausbaugh:
SUSAN H. CONFAIR
JOHN H. PIETRZAK
RICHARD J. JOYCE
+Cerfified Civil Trial Specialist
As a follow-up to my June 20, 2008 correspondence, I am writing to respond to your
proposal to have the third and final arbitrator selected from the pool of Cumberland County
arbitrators. I have attempted to contact you by telephone several times to discuss this matter, but
since I have not received any response, I am forwarding Them's position in writing.
Accordingly, if you have any questions, please feel free to contact me.
Initially, Them agrees with your proposal to have the third arbitrator chosen from the
Cumberland County pool of arbitrators in principle. However, Them has some concerns with the
logistics, or mechanics, of making the selection. Them would only agree to a third, and
presiding, arbitrator who possessed experience in construction related matters. I believe the
Cumberland County registration form requests practice areas, so this should not be a problem.
Next, Them proposes that we request three (3) arbitrator names from Cumberland County, as
opposed to a single name, and then either counsel or our party arbitrators will select the presiding
arbitrator from that group of three. The concern with requesting a single name from Cumberland
County is that if a conflict is present, or if that arbitrator cannot serve for any reason, we would
be compelled to go back to Cumberland County or devise a new method for selecting the
presiding arbitrator, which process could only serve to further delay resolution of this matter.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH No. 08-5461 CIVIL TERM
J. REED, husband and wife
Plaintiffs, CIVIL ACTION - LAW
VS. CIVIL ACTION - EQUITY
PETER THEM BUILDERS, INC.
Defendant.
CERTIFICATE OF SERVICE
Tai
AND NOW, this JS day of October, 2008 I hereby verify that I have caused a
true and correct copy of the foregoing document to be sent by means of First Class mail,
postage prepaid and addressed as follows:
Scott J. Strausbaugh, Esquire
Becker & Strausbaugh, P.C.
544 Carlisle Street
Hanover, PA 17331
REAGER & ADLER, P.C.
Richard J. yce
Attorney I.D. No. 85520
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Defendant
Peter Them Builders, Inc.
`-•i t`r7i?
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.,
Defendant.
No. 08-5461
CIVIL ACTION - LAW
CIVIL ACTION - EQUITY
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO- DEFENDANT'S NEW MATTER
AND NOW, TO WIT, thiso?6'day of October, 2008, come the Plaintiffs, Alex M. Reed
and Elizabeth J. Reed, by their attorneys, Becker & Strausbaugh, P.C., and file this Plaintiffs'
Reply to Defendant's New Matter, whereof the following is a statement:
23. All preceding and succeeding paragraphs are incorporated herein by reference.
24. Denied. The correspondence attached as Exhibit A to Defendant's Answer and
New Matter specifically states that "we request the name of a qualified attorney on the
arbitration list that may serve as a presiding arbitrator." The letter also states "Please advise
me in writing, within five (5) days of this letter whether this is a suitable proposal for the
selection of the third arbitrator." All other averments are denied. By way of additional
answer, the letter attached as Exhibit A is a writing, which speaks for itself.
25. The writing attached as Exhibit B to Defendant's Answer and New Matter is a
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
writing, which speaks for itself, and no response is required. If a response is required, the
averments in paragraph 25 are denied.
1
26. The writing attached as Exhibit C to Defendant's Answer and New Matter is a
writing, which speaks for itself, and no response is required. If a response is required, the
averments in paragraph 26 are specifically denied.
27. After reasonable investigation the Plaintiffs are without knowledge or
information sufficient to form a belief as to the truth of the averment in paragraph 27. If a
response is required, the averments in paragraph 27 are denied.
28. The writing attached as Exhibit D to Defendant's Answer and New Matter is a
writing, which speaks for itself and no response is required. If a response is required, the
averments in paragraph 28 are denied.
29. Denied. The second paragraph of the June 24, 2008 letter from the Defendant's
counsel states that "Them would only agree to a third, and presiding arbitrator who possessed
experience in construction related matters." Notwithstanding, the prescribed method of
selecting the Chairman of the Arbitration Panel according to the contract has failed. The
Uniform Arbitration Act clearly provides when the prescribed method of appointment for
arbitrators fails, the court on application of a party shall appoint one or more arbitrators. See
42 Pa.C.S.A,. § 7305. Therefore, the Plaintiffs have no duty to unnecessarily expend time or
money attempting to renegotiate the selection of the third panel member.
30. Admitted and denied. Admitted the Plaintiffs filed this Declaratory Judgment
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
$44 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
Action. All other averments denied. Plaintiffs deny the averment that their counsel has
never contacted Defendant's Counsel.
31. Admitted and denied. Admitted that Plaintiffs' counsel received voicemails
requesting to discuss the selection of a presiding arbitrator. All other averments are denied.
2
By way of additional answer, the Declaratory Judgment action is not premature. The
Defendant does not dispute the arbitration clause as drafted by him is unenforceable as
written. As such, the Uniform Arbitration Act provides an expedient and cost-effective
remedy to resolve the appointment of the Chairman of the Arbitration panel through this
Honorable Court.
32. Admitted and denied. Admitted that Plaintiffs' counsel received voicemails
requesting to discuss the selection of a presiding arbitrator. All other averments are denied.
By way of additional answer, the Declaratory Judgment action is not premature. The
Defendant does not dispute the arbitration clause as drafted by him is unenforceable as
written. As such, the Uniform Arbitration Act provides an expedient and cost-effective
remedy to resolve the appointment of the Chairman of the Arbitration panel through this
Honorable Court.
33. Admitted and denied. Admitted that Plaintiffs' counsel received voicemails
requesting to discuss the selection of a presiding arbitrator. All other averments are denied.
By way of additional answer, the Declaratory Judgment action is not premature. The
Defendant does not dispute the arbitration clause as drafted by him is unenforceable as
written. As such, the Uniform Arbitration Act provides an expedient and cost-effective
remedy to resolve the appointment of the Chairman of the Arbitration panel through this
Honorable Court.
WHEREFORE, the Plaintiffs respectfully request this Honorable Court declare the
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
arbitration clause unenforceable with regard to the selection process for the third arbitrator
(717) 630-9688
and appoint the chairman of the arbitration panel through one of the members of the panel of
arbitrators with the Cumberland County Court Administration.
Respectfully submitted,
BECKER & STRAUSBAUGH, P.C.
By:
Scott J. Strausbaugh, Esquire
Counsel for Plaintiffs
544 Carlisle Street
Hanover, PA 17331
(717) 630-9688
Sup. Ct. I.D. 89425
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
FROM 877844243? Mon Oct 27 10:05:47 2008 PAGE 2 OF 2
VERIFICATION
We, Alex M. Reed and Elizabeth 1. Reed, verify that the statements made in Plaintiffs'
Reply to Defendant's New Matter are true and correct. We understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn
falsification to authorities.
Date:
Date:
BUXER & STRWWUGH,
ATTORNEYS AT LAW
544 CARLat STREET
Hmom, PA 17331
(717) 630-9688
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.,
Defendant.
No. 08-5461
CIVIL ACTION - LAW
CIVIL ACTION - EQUITY
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of the foregoing Plaintiffs' Reply to
Defendant's New Matter on the person and in the manner indicated below:
Service by via facsimile transmission on:
Richard J. Joyce, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17311-4642
(717) 730-7366
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
Date:
Respectfully submitted,
By:
Scott J. Strausbaugh, Esquire
Supreme Court ID No. 89425
Counsel for Plaintiffs
544 Carlisle Street
Hanover, PA 17331
(717) 630-9688
6
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W
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.,
Defendant.
No. 08-5461
CIVIL ACTION - LAW
CIVIL ACTION - EQUITY
JURY TRIAL DEMANDED
PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT
AND NOW, TO WIT, this of January, 2009, come the Plaintiffs, Alex M. Reed
and Elizabeth J. Reed, by their attorneys, Becker & Strausbaugh, P.C., and file this Plaintiffs'
Motion for Summary Judgment, whereof the following is a statement:
1. Plaintiffs Alex M. Reed and Elizabeth J. Reed filed a Complaint for
Declaratory Judgment Action on September 15, 2008 with this Honorable Court.
2. On October 15, 2008, the Defendant Peter Them Builders, Inc. filed an
Answer to Plaintiffs' Action for Declaratory Judgment with New Matter.
3. On October 29, 2008, the Plaintiffs filed a Reply to Defendant's New Matter.
4. Twenty (20) days have elapsed since the filing of Plaintiffs' Reply to
Defendant's New Matter.
5. Under the PA R.C.P. Rule 1035.2 "after the relevant pleadings are closed but
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
$44 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
within such time so as to not unreasonably delay the trial any party may move for summary
judgment in whole or in part as a matter of law whenever there is no genuine issue of
1
material fact as to a necessary element of the cause of action or defense which could be
established by additional discovery or expert report."
6. Plaintiffs filed the Complaint for Declaratory Judgment to request this
Honorable Court declare that the method of selecting the chairman of the arbitration cannot
be followed and appoint the chairman of the arbitration panel.
7. Specifically, the contract that is the subject of this matter provides for the
selection of the chairman of the arbitration panel to be selected from the Home Builders
Association of Metropolitan Harrisburg (hereinafter HBA). The parties followed the method
for selecting the chairman of the arbitration panel by requesting that the HBA appoint the
third arbitrator but subsequently learned that HBA does not provide this service. See
paragraph 10 of Plaintiffs' Complaint for Declaratory Judgment action.
The Plaintiffs averred in their Complaint that the HBA was contacted and that
the organization does not select members to serve on arbitration panels. See paragraph 17 of
the Complaint.
9. Indeed, in the Defendant's New Matter, paragraph 29, Plaintiffs state that as set
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
forth in the June 28, 2008 correspondence the Defendant agreed in principal with the
Plaintiffs' alternative proposal for selecting a chairman arbitrator but expressed selecting
only one candidate to serve as chairman and requested the parties obtain a list of three
possible arbitrators that should be selected. See paragraph 29 of Defendant's New Matter
and their Exhibit D.
10. The Defendant's paragraph 29 of the New Matter and their Exhibit D, which is
incorporated by reference, are an admission that the manner in which to select the chairman
(717) 630-9688
of the arbitration panel as provided in their contract has failed or cannot be followed and they
no longer intend to be bound by their prescribed selection method.
11. The Plaintiffs have averred a valid statutory remedy when parties agree to
arbitration and for whatever reason the chairman or third arbitrator needed cannot serve on
the panel.
12. Indeed, 42 PA C.S.A. Sec. 7305 states "in the absence of a prescribed method or
if the prescribed method fails or for any reason cannot be followed or when an arbitrator
appointed fails to act and a successor has not been appointed the court on application of a
party shall appoint one or more arbitrators."
13. As a result, there is no genuine issue of material fact as to a necessary element
or defense to the Plaintiffs' Declaratory Judgment Action.
14. The Plaintiffs are therefore entitled to judgment as a matter of law and request
that this Honorable Court designate the chairman of the arbitration panel from a list of
qualified arbitrators identified in the Cumberland County Court Administration Office.
WHEREFORE, the Plaintiffs respectfully request this Honorable Court enter an
Order appointing the chairman of the arbitration panel in the underlying action.
Respectfully submitted,
BECKER & STRAUSBAUGH, P.C.
By: 4
Scott J. Strausbaugh, Esquire
Counsel for Plaintiffs
544 Carlisle Street
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAw
544 CARLISLE STREET
HANOVER, PA 17331
Hanover, PA 17331
(717) 630-9688
Sup. Ct. I.D. 89425
(717) 630-9688
FROM 8178442493
BECKER & ST MUSRWGH, PC
AT"ORP#9n AT LAW
544 CARUSLE STREET
HAnOVER, PA 17331
Fri Jan 02 12:53:27 2009 PAGE 2 OF 2
VERIFICATION
We, Alex M. Reed and Elizabeth J. Reed, verify that the statements made in Plaintiffs'
Motion for Summary Judgment are true and correct. We understand that false statements
herein are made subject to the penalties of. 18 Pa.C.S. Sec. 4904 relating to unsworn
falsification to authorities.
Date: / /-)
Date:
(717) 630-9688
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.,
Defendant.
No. 08-5461
CIVIL ACTION - LAW
CIVIL ACTION - EQUITY
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of the foregoing Plaintiffs' Motion for
Summary Judgment on the person and in the manner indicated below:
Service by via facsimile transmission on:
Richard J. Joyce, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 173114642
(717) 730-7366
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
Date: l/? La-
Respectfully submitted,
By:
Scott J. Strausbaugh, Esquire
Supreme Court ID No. 89425
Counsel for Plaintiffs
544 Carlisle Street
Hanover, PA 17331
(717) 630-9688
5
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REAGER & ADLER, P.C.
BY: Thomas O. Williams
Attorney I.D. No. 67987
Email: Twilliams(a.ReagerAdlerPC.com
Richard J. Joyce
Attorney I.D. No. 85520
Email: Rioyice(a,ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for Peter Them Builders Inc
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife
Plaintiffs,
vs.
PETER THEM BUILDERS, INC.
Defendant.
No. 08-5461 CIVIL TERM
CIVIL ACTION - LAW
CIVIL ACTION - EQUITY
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Thomas O. Williams, Esquire, and Richard J. Joyce, Esquire of
the law firm of Reager & Adler, P.C. as attorneys for the Defendant in the above-captioned action.
Dated:
?ua?
Respectfully submitted,
REAGER Ems, P C.
4 ?-
Thomas O. Willia s i
Attorney I.D. No. 67987
Richard J. Joyce, Esquire
Attorney I.D. No. 85520
• r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife
Plaintiffs,
vs.
PETER THEM BUILDERS, INC
Defendant.
No. 08-5461 CIVIL TERM
CIVIL ACTION - LAW
CIVIL ACTION - EQUITY
CERTIFICATE OF SERVICE
.d
AND NOW, this '4-3 day of January, 2009 I hereby verify that I have caused a
true and correct copy of the foregoing Entry of Appearance to be sent by means of First
Class mail, postage prepaid and addressed as follows:
Scott J. Strausbaugh, Esquire
Becker & Strausbaugh, P.C.
544 Carlisle Street
Hanover, PA 17331
REAGER & ADLER, P.C.
Richard J. Jo ce
Attorney I.D. No. 85520
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Defendant
Peter Them Builders, Inc.
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REAGER & ADLER, P.C.
BY: Thomas O. Williams
Attorney I.D. No. 67987
Email: Twilliams(oDReagerAdlerPC.com
Richard J. Joyce
Attorney I.D. No. 85520
Email: RjoyceaReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for Peter Them Builders, Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife
No. 08-5461 CIVIL TERM
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.
Defendant.
CIVIL ACTION - LAW
CIVIL ACTION - EQUITY
DEFENDANT'S RESPONSE TO PLAINTIFFS'
MOTION FOR SUMMARY JUDGMENT
AND NOW, comes Defendant, Peter Them Builders, Inc., and files the within
Response to Plaintiffs' Motion for Summary Judgment. And in support thereof,
Defendant avers as follows:
RESPONSE TO MOTION FOR SUMMARY JUDGMENT
1. Admitted upon information and belief.
2. Admitted.
3. Admitted upon information and belief.
4. Admitted.
5. Denied. Paragraph 5 is denied as a conclusion of law to which no further
response is required. Without waiving the foregoing, the statutory provision quoted in
Plaintiffs' Motion speaks for itself.
6. Denied. Defendant is without knowledge or information
sufficient to form a belief as to the truth of Plaintiffs' allegations regarding their
motivation for filing their Complaint in this matter.
7. Admitted in part and denied in part. It is admitted that the parties'
Contract required arbitration of any disputes between the parties. And, it is further
admitted that the parties' Contract directed that the presiding arbitrator be chosen by the
Home Builders Association of Metropolitan Harrisburg. It is further admitted that the
parties selected their arbitrators and submitted the dispute to the HBA in accordance with
the Contract. However, Defendant is without knowledge or information sufficient to
form a belief as to the truth of the averment that HBA does not provide such services, and
accordingly, said averment is denied. Rather, the parties received notice that HBA would
not select a chairman in this instance.
8. Denied. The Plaintiffs' Complaint as a writing speaks for itself.
9. Denied. Defendant's Answer and New Matter, along with exhibits, are
writings that speak for themselves.
10. Denied. Paragraph 10 of Plaintiffs' Motion sets forth a conclusion of law,
to which no response is required. Without waiving the foregoing, Defendant's Answer
2
and New Matter, along with exhibits, are writings that speak for themselves. By way of
further response, Paragraph 29 of Defendant's New Matter is neither an admission that
the contractual arbitration provision had failed, nor is it a waiver of the contractual
arbitration provision. Rather, Defendant averred that the parties, in the spirit of their
mutually bargained for Agreement to select an arbitration panel extra judicially, could
mutually agree to modify the selection of the presiding arbitrator, and in turn, satisfy their
Agreement and preserve judicial economy.
11. Denied. Paragraph 11 of Plaintiffs' Motion for Summary Judgment sets
forth a conclusion of law, to which no response is required. Without waiving the
foregoing, Plaintiffs proposed remedy is not valid as the parties' contractual arbitration
provision has not failed.
12. Denied. Paragraph 12 is denied as a conclusion of law to which no further
response is required. Without waiving the foregoing, the statutory provision quoted in
Plaintiffs' Motion speaks for itself.
13. Denied. Paragraph 13 is denied as a conclusion of law to which no further
response is required. Without waiving the foregoing, there exists a material issue of fact;
to wit, whether the parties have modified the contractual arbitration provision through the
correspondence that is of record in this action.
3
14. Denied. Paragraph 14 is denied as a conclusion of law to which no further
response is required. Without waiving the foregoing, Plaintiffs are not entitled to
judgment as a matter of law, as Plaintiffs have failed to establish that the contractual
arbitration provision in the parties' contract "failed", which is a necessary element of
Plaintiffs' cause of action. By way of further response, Plaintiffs have failed to establish
that they are entitled to have a presiding arbitrator selected by this Honorable Court,
where there is an issue of material fact regarding whether the parties have agreed in
principle to an alternative means for selecting a presiding arbitrator consistent with the
mutually bargained for intent of their Agreement.
WHEREFORE, the Defendant, Peter Them Builders, Inc., respectfully requests
that Plaintiffs' Motion for Summary Judgment be Denied.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: January 23, 2009
Thomas O. will,
s
Attorney I.D. No. 67987
Richard J. Joyce
Attorney I.D. No. 85520
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Defendant
Peter Them Builders, Inc.
4
VF,.Ri?'ICATiON
1, Peter Them, hereby verify that I am authorized by Peter Them Builders, Inc. to
verify that the averments of the foregoing document are true and correct to the beast of my
personal knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to
authorities.
Date:
Peter Them
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH No. 08-5461 CIVIL TERM
J. REED, husband and wife :
Plaintiffs, CIVIL ACTION - LAW
VS.
CIVIL ACTION - EQUITY
PETER THEM BUILDERS, INC.
Defendant.
CERTIFICATE OF SERVICE
AND NOW, this ??day of January, 2009 I hereby verify that I have caused a
true and correct copy of the foregoing Response to Motion for Summary Judgment to be
sent by means of First Class mail, postage prepaid and addressed as follows:
Scott J. Strausbaugh, Esquire
Becker & Strausbaugh, P.C.
544 Carlisle Street
Hanover, PA 17331
REAGER & ADLER, P.C.
Richar J. Joyce
Attorney I.D. No. 85520
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Defendant
Peter Them Builders, Inc.
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH No. 08-5461 CIVIL TERM
J. REED, husband and wife :
Plaintiffs, CIVIL ACTION - LAW
Vs.
PETER THEM BUILDERS, INC.
Defendant.
CIVIL ACTION - EQUITY
ORDER
AND NOW, this _ day of , 2009, upon consideration of
Plaintiffs', Alex and Elizabeth Reed, Motion for Summary Judgment, their Brief in
Support thereof, and the Defendant's, Peter Them Builders, Inc., Response and Brief in
Opposition thereto, IT IS HEREBY ORDERED that Plaintiffs' Motion is DENIED.
It is further ordered that a scheduling conference between counsel for the parties
and This Court is hereby set for the day of , 2009.
BY THE COURT:
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
Alex M. Reed and
Elizabeth J. Reed, Husband and Wife
vs.
Peter Them Builders, Inc.
No. 08 , 5461 Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiff's Motion for Summary Judgment
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Scott J. Strausbaugh, Esquire, Becker & Strausbaugh, P.C.
(Name and Address)
544 Carlisle Street, Hanover, PA 17331
(b) for defendants:
Thomas Williams, Esquire, Reager and Adler, P.C.
(Name and Address)
2332 Market Street, Camp Hill, PA 17011-4642
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
March 18. 2009
Sign Lure
Becker & Strausbaugh, P.C.
Scott J. Strausbaugh, Esquire
Print your name
Plaintiffs
-&,/ y l CrI Attorney for
Date:
INSTRUCTIONS:
1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
\ Mw ti '?
ALEX M. REED AND ELIZABETH
J. REED, husband and wife,
PLAINTIFF S
V.
PETER THEM BUILDERS, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
08-5461 CIVIL TERM
BEFORE BAYLEY, J. AND EBERT. J.
ORDER OF COURT
AND NOW, this day of March, 2009, Andrew C. Sheely,
Esquire, is appointed an arbitrator in the within case.
By the
Edgar B. Bayley, k
oft J. Strausbaugh Esquire
V For Plaintiffs
chard J. Joyce, Esquire
I/ For Defendant
drew C. Sheely, Esquire
X. Thomas Miller, Esquire
Xeorge B. Faller, Jr., Esquire
Court Administrator
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH No. 08-5461
J. REED, husband and wife,
Plaintiffs,
VS. COMMON LAW ARBITRATION
PETER THEM BUILDERS, INC.,
Defendant.
PETITION TO CONFIRM ARBITRATION AWARD AND ENTER
JUDGMENT PURSUANT TO 42 PA CON. STAT. ANN § 7342 (b)
AND NOW, to wit this fhay of August 2009 comes the Petitioners, Alex M. Reed
and Elizabeth J. Reed and file this Petition to Confirm Arbitration Award and Enter
Judgment Pursuant to 42 Pa. Con. Stat. Ann. §7342 (b) whereof the following is a statement:
1. The Petitioners are adult individuals residing at 11 David Glen Drive, Carlisle,
Cumberland County, Pennsylvania 17015.
2. The Respondent is Peter Them Builders, Inc. whose principal place of business
is 9 Rapauno Way, Carlisle, Cumberland County, Pennsylvania 17013.
3. The Petitioners were involved in a common law arbitration proceeding which
BECKER & STRAUSBAUGH, K
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
took place before a panel of Arbitrators on June 18, 2009 regarding a dispute between the
Petitioners and Respondent as to various issues involving breach of contract, incomplete
contract work, damage to new residential dwelling by cause of contractor, unsatisfactory
workmanship and excessive charges by contractor by the terms of the Construction
Agreement. Said Construction Agreement is attached hereto as Exhibit A and incorporated
herein by reference.
(717) 630-9688
4. A panel of Arbitrators was duly appointed by this Honorable Court and a
hearing held on June 18, 2009 at which time each of the parties were given a full opportunity
to present their respective positions with regard to their claims. However, the Respondent
failed to appear for said hearing after being properly served with the Notice of Hearing.
5. On July 15, 2009 the Arbitrators made their decision and awarded the
Petitioners the sum of $26,430.50. Additionally, the cost of Arbitrator Andrew C. Sheely,
Esquire was set at $630.00 and assumed and to be paid equally by the contractor and owners
within thirty (30) days of the date of the mailing as set forth in the Resolution and
Determination By Arbitrators and letter dated July 15, 2009 from Andrew C. Sheely, which
are collectively attached hereto and incorporated herein by reference as Exhibit B.
6. In accordance with the provisions of the Construction Agreement between the
Petitioners and Respondent the arbitration award is binding upon the parties.
7. Under 42 Pa.C.S.A. § 7342(b) "on application of a party made more than 30
days after an award is made by an arbitrator under section 7341 (relating to common law
arbitration) the court shall enter an order confirming the award and shall enter a judgment or
decree in conformity with the order."
The arbitration panel issued its award on July 15, 2009.
9. The Resolution and Determination by Arbitrators was mailed to the Respondent
on July 15, 2009 and more than thirty days have elapsed since the issuance of the award.
10. As of the date of mailing this Petition, the Petitioners have no knowledge of the
BECKER & STRAUSBAUGH, K
ATTORNEYs AT LAw
544 CARLISLE STREET
HANOVER, PA 17331
Respondent filing an objection or appeal with this Honorable Court.
(717) 630-9688
11. The Petitioners therefore desire to have the attached arbitration and award
reduced to judgment in order that they may force the collection of this award against the
Respondent.
WHEREFORE, the Petitioners respectfully request this Honorable Court confirm the
arbitration award of July 15, 2009 and enter the same as a judgment.
Respectfully submitted,
BECKER & STRAUSBAUGH, P.C.
By
Scott J. Strausbaugh, Esquire
Attorney for Petitioners
544 Carlisle Street
Hanover, PA 17331
Supreme Ct. I.D. #89425
Telephone (717) 630-9688
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
VERIFICATION
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
We, Alex M. Reed and Elizabeth J. Reed, verify that the statements made in this
Petition to Confirm Arbitration Award and Enter Judgment Pursuant to 42 Pa. Con. Stat.
Ann. §7342 (b) are true and correct. We understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to
authorities.
Date:
Date:
l:
Alex M Reed
Eliz b ed
(717) 630-9688
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.,
Defendant.
No. 08-5461
COMMON LAW ARBITRATION
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of a Petition to Confirm Arbitration
Award and Enter Judgment Pursuant to 42 Pa. Con. Stat. Ann. §7342 (b) on the persons and in
the manner indicated below:
Service via regular mail, postage prepaid thereon:
Peter Them Builders, Inc.
c/o Mr. Peter Them, President
9 Rapauno Way
Carlisle, PA 17013
BECKER & STRAUSBAUGH,
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
Date:
Respectfully submitted,
BECKER & STRAUSBAUGH, P.C.
By:
Scott J. Strausbaugh, Esquire
Attorney for Petitioner
544 Carlisle Street
Hanover, PA 17331
Supreme Ct. I.D. #89425
Telephone (717) 630-9688
(717) 630-9688
Peter Them Builders Ins
9 Rapuano Way
Carlisle, PA 17013
(7179-486-8430
To:
lvlr. Alex and Ms. Elizabeth Reed
1920 Kent Drive
Camp Hill, PA 17011
(717)-731-"128& 1-t0
RE: New Home
Lot # 14 Cela Crossing
11 David Glenn Drive
Newville, PA 17241
Contract Agreement
Items included in Contract are:
I. Peter Them Builders, Inc. will supply all necessary supervision, material, and labor to complete
work as follows:
A. Contractor agrees to construct a new home at Owners property located at 11 David
Glenn Drive, Newville, Pa. 17241, also known as Lot #14 CeIa Crossing
Development in the Penn Township, in Cumberland County, PA.
B. In the construction of new home, Contractor covenants and agrees with Owner that
he will in good and workmanlike manner and in accordance with the specifications
and plans referred to herein and in accordance with the terns of this contract do and
perform all work required and supply the labor and the materials required for the
construction of the home on the premises aforesaid. Contractor will expedite the
work vigorously and will try to best of his ability to complete all work within six
months of owner closing with their bank or start of construction.
C. Owner agrees to pay the sum of $274,560.00 (Two Hundred and Seventy-Four
Thousand, Five hundred and Sixty Dollars) to Contractor as full price for the
construction herein.
D. Contractor shall be considered an independent contractor in respect to the work in
the erection and construction of said dwelling or addition and he alone shall be
answerable for any loss or damage caused by himself or his sub-contractors, agents,
or employees, and he agrees to fully indemnify, protect, and save harmless the
Owner against loss, damage, or expense as to all claims or liabilities resulting from
accident, negligence, or from any other cause. Contractor shall keep in force
adequate workmen's compensation and general liability insurance to protect himself
and Owner from all claims.
E. It is mutually agreed by and between the parties that in the event of any dispute or
disagreement hereafter arising between them as to the character, style, or portion of
the work on said dwelling to be done, or materials to be furnished under this contract
or any other matter in connection therewith, the same shall be referred to and
resolved by a board of arbitrators, one to be selected by the Contractor, one to be
selected by the Owner, and the third to be selected by the President of the Home
Builders Assc_ Of Metropolitan Harrisburg so picked by the President hereto and
shall act as chairman of above-mentioned panel of arbitrators. That there decision "
the matter shall be final and binding upon the parties hereto. Should either of the
1 ?
EXHIBIT
A
said parties hereto fail to select an arbitrator as aforesaid upon ten days' notice from
the other to do, the arbitrator selected by the other said party shall have full power to
proceed upon his reference, and his decision in the matter of the said dispute shall be
final and binding upon the parties. Each Party agrees to pay the cost of their
respective arbitrator, and the Owner and Contractor do hereby agree to share equally
the cost of the third arbitrator.
F. Owner shall carry homeowner's insurance on said dwelling with Contractor as
additional named insured, Form HO-41.
6 Contractor agrees to execute a stipulation against mechanical hens.
) The construction to be preformed pursuant to this contract shall be in accordance
with the plans and specifications agreed upon by the parties, which are attached
C_hereto.
Allowances set forth in the attached scheduled shall govern the cost of items to be
included in this construction. In the event any change or changes shall be made in n '
the plans and specifications, the same shall be made only after an agreed price for tine
same has been set by the parties and acknowledged by the signature as to either and
additional cost or a deletion from cost.
J. Any additions costs in excavation due to digging into rock and or blasting and
hauling of same from site will be an additional expense over and above contract Y ` r
price as is any additional fill required from above mentioned excavation.
K.i Contractor warranties material and workmanship for a period of one (1) year after
completion. Builder's limited warranty is inclusive within contract. Contractor will
remedy or replace or repair defective work or materials. The liability of the
Contractor under this warranty shall be limited to the replacement or correction of
said defective material or workmanship and no other claims and demands
whatsoever shall be made upon or required to be avowed by the Contractor.
L. All trash to be removed by Contractor.
NI. Builder shall obtain township building permit and conform to all townships building
codes and applicable ordinances. If township requires Blueprints and or Plans that
are sealed, the cost of shall be borne by Homeowner. Any and all additional
requirements not included in contractual plans and specifications required by
township shall be cost of Homeowner as set forth in item I. Homeowner will also
obtain septic permit and design if necessary. Homeowner to supply all pert data.
N. It is understood and agreed that the Owner shall not be entitled to any material,
which has not been incorporated into the construction, except where he has
specifically paid for such material under the special provisions of this agreement
relating to payment specifically of cost of materials.
0. This agrees to exercise reasonable diligencle in ascertaining and reporting to
Contractor, as work under this Agreement progresses, any defects, deviations or
deficiency in performance or material. Owner as-agrees to exercise reasonable
diligence in infomring Contractor of any and all Change orders and customer
Selections as required in this Agreement-
P. His Agreement shall be binding upon the parties, their heirs, executors,
Administrators, successors and assigns. Owner shall not assign this Agreement.
2. Certificates of insurance for Workers Comp. And Liability to be supplied if
requested and maintained through enure building process.
3. (Homeowners) agrees to the following:
A. Payment to be made on items completed and approved to satisfaction as per attached
schedule: 5% upon closing with and signing this agreement or,
with the closing with the bank on the construction loan.
And remaining as per attached payment schedules-
B- A commitment from a bank showing financial resources available to Owner to
complete payments as agreed upon in this contract
4. To be bound by the terms of said contract with Builder (including every part of and all
general and special conditions, drawings, specifications and addenda), in any way
2
applicable to this Contract. Any additional work not covered by this contract will be
discussed and priced before work proceeds.
IN WITNESS WHEREOF the Builder and Homeowner have executed this agreement
in duplicate, this day of 2006.
Builder
Peter ent B ers, c.
By.
Homeowner
BY
Witnessed BY
By:
ALEX M. REED and
ELIZABETH J. REED,
husband and wife,
Plaintiffs
and
PETER THEM BUILDERS, INC.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 08-5461
COMMON LAW ARBITRATION
RESOLUTION AND DETERMINATION BY ARBITRATORS
We, the undersigned arbitrators, having been duly appointed by Court and
selected in accordance with paragraph 1 (E) of a Contract Agreement by and between
Alex M. Reed and Elizabeth J. Reed, husband and wife, and Peter Them Builders, Inc.,
Contractor, hereby enter an award in favor of Alex M. Reed and Elizabeth J. Reed, and
against Peter Them Builders, Inc., in the amount of twenty-six thousand, four hundred
thirty dollars and fifty cents ($26,430.50), all in accordance with a written determination
attached hereto. The costs of Arbitrator Andrew C: Sheely are set at $630.00 and shall be
assumed and paid equally by Contractor and Owners within thirty (30) days of the date of
mailing as set forth below.
By (.?
Andrew C. Shoy, Arbitrator
Date: July J S • , 2009
Thomas R. Miller, Arbitrator
Date: July , 2009
Date of Hearing: June 18, 2009
Date of Decision: July 15 2009
Date of Mailing: July /4 2009
MIBIT
K B
a
ALEX M. REED and IN THE COURT OF COMMON PLEAS OF
ELIZABETH J. REED, CUMBERLAND COUNTY, PENNSYLVANIA
husband and wife,
Plaintiffs
and : 08-5461
PETER THEM BUILDERS, INC. COMMON LAW ARBITRATION
Defendant
DETERMINATION BY ARBITRATORS
A. Procedural History
This arbitration arises from a dispute between Alex M. Reed and Elizabeth J.
Reed, husband and wife, hereinafter referred to as "Owners", and Peter Them Builders,
Inc., hereinafter referred to as "Contractor". Contractor agreed to build a new residential
home for Owners. The issues raised in this arbitration directly involve Owner's claims
and allegations of breach of a contract, incomplete contract work, damage to the new
residential dwelling caused by contractor, unsatisfactory workmanship and excessive
charges by Contractor beyond the terms of the Construction Agreement.
Following an extended period of negotiations leading to the selection of
arbitrators pursuant to a Contract Agreement, Owners commenced a civil action to
compel arbitration. By Court Order dated March 18, 2009, the Honorable Edgar B.
Bayley appointed Andrew C. Sheely, Esquire, as a third arbitrator. Andrew C. Sheely,
Arbitrator, after consultation with all parties and arbitrators, issued Notice on April 21,
2009 setting an arbitration date for June 18, 2009 commencing at 9:30 a.m.
Thereafter, on May 15, 2009, legal counsel for the Contractor withdrew from
representation of Contractor and provided written notice to the Arbitrators, opposing
counsel and Contractor. Thereafter, on June 12, 2009, Andrew C. Sheely, Arbitrator,
received telephone notice from Arbitrator George Faller, Esquire of his withdrawal as an
arbitrator on behalf of Contractor. Thereafter, Andrew C. Sheely, Arbitrator, contacted
George F, Douglas, 111, Esquire, purported general counsel for Contractor, to advise that
arbitration remained as scheduled for June 18, 2009. No requests for continuances were
made to any arbitrator by other counsel for Contractor or from Contractor at any point
prior to June 18, 2009.
Owners appeared at arbitration and were prepared to commence their case at the
scheduled time. After waiting fifteen (15) minutes, arbitration commenced at 9:45 a.m.
and concluded at approximately 11:00 a.m. at the conclusion of Owner's case.
During arbitration on June 18, 2009, Owners presented testimony of Owner
Elizabeth J. Reed, Excavator Donald Chestnut, Carpenter Daryl L. Young and realtor
Bart Shughart. No testimony was presented by or on behalf of Contractor.
B. Substantive Factual Findings by Arbitrators
Owners and Contractor entered into a written agreement for the purpose of
constructing a single family residential dwelling at 11 David Glenn Drive, Newville,
Cumberland County, Pennsylvania. The Contract Agreement was executed on or about
January 31, 2006. The Contract Agreement incorporated various specifications for the
construction of a single family residence and included a draw schedule for payment to
Contractor. The Contract Agreement also included terms and conditions for specific
materials, supplies and other proposals, including allowances associated with materials,
work and supplies identified within the Construction Agreement. Owners agreed to pay
an amount of $274,560.00 for a single family residential structure, a price which did not
include the lot. The Contract Agreement included other items subject to change of cost
2
provisions. The Contract Agreement did not specify a completion date, but Contractor
advised Owners that substantial completion would occur in four (4) to six (6) months
after commencement.
The Contract Agreement, together with a Builder's Limited Warranty Agreement
and a Builder's Statement of Nonwarrantable Conditions, were prepared by Contractor
and supplied to Owners. In accordance with the Contract Agreements and incorporated
documents, the Contractor agreed to supply all necessary supervision, material and labor
to complete the Contract Agreement
Construction of the residential dwelling commenced during the Spring of 2006.
During construction of the new residence, Owners were in the process of marketing and
selling their existing home in Camp Hill, Pennsylvania. Owners used a construction loan
to fund the schedule of draws in the Contract Agreement and attachments thereto to pay
Contractor during construction.
In addition to receiving draws, Contractor submitted various bills to Owners
seeking reimbursement for overages outside of the Construction Contract price allegedly
incurred by Contractor. Owner disputed the overage charges upon submission by
Contractor, but paid the charges for overage claimed by Contractor to maintain the
construction of the new residence to substantial completion and to avoid problems and
extra expenses associated with maintaining two residences. No written change orders
were agreed to by either Owner or Contractor as required by the Construction Contract.
Final settlement was scheduled to occur the first week in October of 2006 upon
substantial completion of the residential dwelling. Prior to final settlement, Owners and a
real estate agent scheduled a final walkthrough to inspect the status of the construction as
required by the Contract Agreement, identify incomplete work and other construction
work needing repairs or corrections. Contractor appeared at the residence for a final
inspection but would not enter the residential structure at the time of the walkthrough. In
association with the final walkthrough, Owners identified a substantial number of
incomplete items and materials needing repair to complete the single family residence in
a quality and work-manlike manner in accordance with the Contract Agreement. An
occupancy permit was issued by the municipality prior to final settlement of Owner's
construction loan. Contractor did not attend Owners final settlement.
Following final settlement, Owners provided Contractor with additional lists of
items not completed and parts of the new residence damaged during the construction
period. A punch list of incomplete and damaged items was submitted to Contractor on
various occasions after settlement. Contractor made no efforts to repair or complete the
items submitted to Contractor by Owner after the final walkthrough.
During arbitration on June 18, 2009, testimony and exhibits were presented by
and on behalf of Owners demonstrating incomplete construction required by the
Construction Agreement, work not completed in a quality and workmanlike manner and
repairs within coverage provided by the Contractor's Limited Warranty Agreement.
Owners presented testimony, exhibits and photographs in support of their claims which
included:
1. Replacement of front door and framing damaged by a bucket loader during
construction in accordance with a written estimate from Home Depot at a cost of
$2,863.00; and
2. Removal of excavation debris, final landscaping, grading and seeding of front
and side yards in accordance with a written estimate of Best Landscapes LLC in
the amount of $6,200.00; and
4
3. Removal/relocation of rocks excavated during construction from rear yard and
rough grading of rear yard in accordance with written estimate of Donald P.
Chestnut in the amount of $952.50; and
4. Repairs to staircase in accordance with a written estimate of Daryl L. Young in
the amount of $1,000.00; and
5. Repairs to guest bathroom tiles and master bathroom tiles in accordance with
a written estimate of Daryl L. Young in the amount of $2,600.00; and
6. Repairs to damaged (scratched) tub surround and shower stall in accordance
with a written estimate of Daryl L. Young in the amount of $500.00; and
7. Repairs to window screens damaged during construction in accordance with
a written estimate of Daryl L. Young in the amount of $100.00; and
8. Repair and replacement of cracked stone on front porch, labor to install a new
door frame and threshold damaged during construction, all in accordance with a
written estimate of Daryl L. Young in the amount of $715.00; and
9. Complete crown molding/chair rail in dining room in accordance with a
written estimate of Daryl L. Young in the amount of $600.00; and
10. Repair to a drain in accordance with a written estimate of Daryl L. Young
in the amount of $75.00; and
11. Repair/adjustment to a bath drawer in accordance with a written estimate
of Daryl L. Young in the amount of $20.00; and
12. Repair/Replacement of siding damaged during construction in accordance
with a written estimate of Daryl L. Young in the amount of $75.00; and
13. Repair/Replacement of cracked toilet bowl in accordance with a written
estimate of Daryl L. Young in the amount of $225.00; and
14. Repairs/Replacement of malfunctioning sanitary sewage alarm and electrical
system in accordance with testimony of Owner and estimates from Cumberland
Valley Electric and Peck's septic service in the amount of $2,000.00.
In addition, Owners presented testimony and exhibits demonstrating payments to
Contractor of additional amounts totaling $9,505.00 prior to final settlement for
materials, items and supplies within the Construction Contract.
C. Determination and Award Of Arbitrators
5
Credible testimony, exhibits and documents were presented by Owners during
arbitration demonstrating that Owners substantially complied with the terms of the
Construction Contract. Further, Owners and their witnesses demonstrated that Contractor
did not complete construction of the residential dwelling in a quality and workmanlike
manner in accordance with the terms of the Construction Contract, the Builder's Limited
Warranty Agreement and Statement of Nonwarrantable Conditions.
While a municipal occupancy permit was issued to Owners for purposes of
closing on their construction loan, rough and final grading of all yards was not completed
in accordance with the Construction Contract. Removal of large rocks and substantial
grading was necessary to eliminate water problems and permit the planting of seed for a
lawn and related landscape. The amount necessary to complete rough and final grading,
including installation of the grass yard, is determined as $7,152.50.
Interior carpentry repairs were necessary to properly support stairs constructed in
the new home. A dining room chair rail was not completed by the Contractor.
Substantial file/tub repairs were necessary to correct broken bathroom floor tiles, avoid
water damage to sub-flooring and ceilings below the bathroom tiles. Cosmetic repairs to
tub and shower areas were necessary to repair damage caused during installation.
Miscellaneous plumbing repairs were also necessary to fully complete the newly built
residential home in working condition. Exterior screens, siding and decorative stone
were also damaged during construction. The amount necessary to complete, or repair and
correct items constructed by or damaged by Contractor is determined as $5,395.00.
During construction, structural and cosmetic damage to the front and main
entrance way to Owner's new home was caused by a bucket loader operator. Damage to
6
the structure, door frame and decorative rock below the door frame was not corrected or
repaired by Contractor which compromised the use and appearance of a newly
constructed residential home. The amount necessary to repair and correct the front door
frame, threshold and structure, including labor, is determined as $3,378.00.
Owners' new home was serviced by an on-site sanitary sewage disposal system
which malfunctioned and required electrical repairs, including excavation, to operate in a
quality and workman like manner immediately following settlement. The amount
necessary to repair and correct the septic system's alarm and electrical system is
determined as $1,000.00 where cost estimates provided by Owners contained duplication
for work and repairs.
During construction, Contractor submitted bills to Owners who believed that the
bills were for work, materials, items and supplies contained within the price of the
Construction Agreement. While Owners paid these bills, no signed change orders were
requested or received by Owners from Contractor in accordance with the Construction
Agreement. Owners paid these bills to continue construction so that they could move
from their home in Camp Hill to the new home. As a result of these payments, a total
overage was paid to Contractor in the amount of $9,505.00 for materials and items
included in the construction contract. Interpretational disputes involving the
Construction Contract have been resolved against the Contractor which prepared the
Construction Contract and Warranty, and in consideration of the testimony of Owners
who provided a satisfactory explanation as the basis why overage payments were made
prior to final closing.
Owners were presented with a Construction Contract, Builder's Limited Warranty
7
and Statement of Nonwarrantable Conditions from Contractor representing that a new
residential home would be built for the benefit of Owners. Owners relied upon these
written representations prepared by Contractor and upon Contractor's representations that
Contractor could construct a new, single family home in a quality and workmanlike
manner and timely fashion.
Based upon the testimony presented by Owners and their witnesses, including
review of supporting photographs and exhibits, the Arbitrators find that Contractor did
not comply with its Construction Contract and Builder's Limited Warranty. While the
residential home was substantially completed for municipal purposes permitting the
issuance of occupancy permit, Contractor breached the terms of the above-stated
agreements by failing to complete, repair or correct the numerous items listed above in
accordance with Contractor's written representations. In addition, Owners overpaid
Contractor for work, supplies and materials within the terms of the Construction Contract
and were prohibited from adjusting the final contract price at final settlement due to
Contractors refusal to participate in a final walkthrough and attend final settlement.
Accordingly, the Arbitrators find in favor of Owners, and against Contractor, in
the amount of twenty-six thousand, four hundred thirty dollars and fifty cents
($26,430.50). The costs of Arbitrator Andrew C. Sheely are set at $630.00 and shall be
assumed and paid equally by Contractor and Owners >Ylthin- 0) ys of this date.
By *drew C
. Sheely, Ar ator
Date: July 1 ? , 2009
Thomas R. Miller, Arbitrator
Date: July , 2009
8
Jul '14 09 0215p Miller and Mil'
Ur?jjILVVJ LV.Yi I1,UJI .?,
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3208989 P.1
F"WIN M-LL rMVG V 7
and Stmennont of Nonwarrantable Conditions from Contractor representing that a new
residcntial Iinrne would be built for the benefit of Owners. Owners relied upon these
Writteta revreM9ations prepared by Contractor and upon Contractor's representations that
Contractor <:oWd construct a new, single family home in a quality and workmanltle
manner and timely fashion.
Basud upon the testimony presented by Owners and their witnesses, including
review of stcpporting photographs and exhibits, the Arktratm find that Contractor did
not comply with its Construction Contract and Builder's Limited Warranty. While the
residential home was substantially completed forrmmicipal purposes permitting the
issuance of occupancy permit, Contractor breached the terms of the above-stated
agreements by failing to complete, repair or correct the nwnerous items listed above in
accordance with Contractor's written representations. In addition, Owners overpaid
Contractor I m work.. supplies and materials within the terms of the Construction Contract
and went-prohibited from adjusting the final contract price at hual settlement due to
Contractors refusal to participate in a final walkthmgh and attend final settlement.
Acoardingly, the Arbitrators find in favor of owmrs, and against Contractor, in
the amount Of twenty-six tlhousartd, four hundred thirty dollars and fifty cents
(52.61430.50)- The costs of Arbitrator Andrew C. Shedy are set at S630.00 and shalt be
a.nrned and paid equally by Contractor and Owners . . thirty (30 ys this date.
BY t_
Andrew C. 51re?; Arbitrator
Dane: duly 1 , 2009
Tito s,R, Miller, Arbitrator
Date: July , 2009 -----
8
10
rr.?
ANDREW C. SHEELY
717.697-7050 Attorney at Law
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7065 (fax)
andrewc.sheely@verizon.net
July 15, 2009
Scott J. Strausbaugh, Esquire
Becker & Strausbaugh, PC
544 Carlisle Street
Hanover, PA 17331
Thomas R. Miller, Esquire
#1 S. York Road
Dillsburg, PA 17019
Peter Them Builders, Inc.
820 Faiview Road
Carlisle, PA 17013
Peter Them Builders, Inc.
Peter P. Them, President
9 Rapauno Way
Carlisle, PA 17013
Re: Reed v. Peter Them Builders. Inc.
Common Law Arbitration
Notice of Arbitration Decision
Dear Agent of Peter Them Builders, Inc. and counsel:
Enclosed for your records is the written resolution and decision of the Arbitrators
entered following a common law arbitration held on June 18, 2009. A determination
summary is attached to the written resolution and summary.
Thank you for your attention to this matter.
Very ly y urs
ANDREW C. SHEELY
ACS/bmk
Enclosure
c: file
OF THE PP,,s? ,nTM
2009 AULG 21 Pr 1: 4
PENWSYLVANIA
ALEX M. REED AND ELIZABETH
J. REED, husband and wife,
PLAINTIFFS
V.
PETER THEM BUILDERS, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
08-5461 CIVIL TERM
ORDER OF COURT
AND NOW, this 2 IP day of August, 2009, a Rule is entered against
Peter Them Builders, Inc., to show cause why the petition to confirm an arbitration
award and enter judgment should not be granted. Rule returnable seven (7) days after
service.
By the
colt J. Strausbaugh Esquire
For Plaintiffs
ter Them Builders, Inc.
c/o Mr. Peter them, President
9 Rapauno Way
Carlisle, PA 17013
:sal
Edgar B. Bayley, J.
J
, oe-
o?
OF TH:_-
200;0 AUG 26 i i ?: 06
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.,
Defendant.
No. 08-5461
COMMON LAW ARBITRATION
PLAINTIFFS' MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE
AND NOW, to wit this 15th day of September 2009 comes the Plaintiffs, Alex M. Reed
and Elizabeth J. Reed by and through their attorneys, Becker & Strausbaugh, P.C., and
respectfully move this Honorable Court to make absolute the Rule to Show Cause which was
issued in the above captioned matter on August 26, 2009 and in support state the following:
1. Alex M. Reed and Elizabeth J. Reed filed a Petition to Confirm Arbitration
Award and Enter Judgment Pursuant to 42 Pa. Con. Stat. Ann. §7342 (b) on or about August
19, 2009.
2. On or about August 26, 2009 this Honorable Court issued a Rule on Peter Them
Builders, Inc., c/o Peter Them, President to show cause why the Arbitration Award should
not be confirmed returnable seven (7) days after service. A true and correct copy of the
Order issued on August 26, 2009 is attached hereto and incorporated herein by reference as
Exhibit A.
3. On September 3, 2009, counsel for Plaintiffs caused a copy of the Rule to be
BECKER & STRAUSBAUGH, PC
ATTORNEYs AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
served on Peter Them Builders, Inc., c/o Peter Them, President by regular mail and certified
(717) 630-9688
mail. A true and correct copy of this letter is attached as Exhibit B and incorporated herein
by reference.
4. As of the date of mailing this Motion, the Defendant Peter Them Builders, Inc.
has failed to file a response to the Plaintiffs' Petition.
WHEREFORE, the Petitioners respectfully request this Honorable Court make the Rule
to Show Cause absolute and grant the Petition to Confirm Arbitration Award and Enter
Judgment Pursuant to 42 Pa. Con. Stat. Ann. §7342 (b).
Respectfully submitted,
BECKER & STRAUSBAUGH, P.C.
By:
Scott J. Strausbaugh, Esquire
Attorney for Plaintiffs
544 Carlisle Street
Hanover, PA 17331
Supreme Ct. I.D. #89425
Telephone (717) 630-9688
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.,
Defendant.
No. 08-5461
COMMON LAW ARBITRATION
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of the Motion to Make Rule to Show
Cause Absolute on the persons and in the manner indicated below:
Service via regular mail, postage prepaid thereon:
Peter Them Builders, Inc.
c/o Mr. Peter Them, President
9 Rapauno Way
Carlisle, PA 17013
SECKER & STRAUSBAUGH, PC
ATTORNEYS AT L4W
544 CARLISLE STREET
HANOVER, PA 17331
Date: ?Zz.? Respectfully submitted,
BECKER & STRAUSBAUGH, P.C.
By: ,
Scott J. Strausbaugh, Esquire
Attorney for Plaintiffs
544 Carlisle Street
Hanover, PA 17331
Supreme Ct. I.D. #89425
Telephone (717) 630-9688
(717) 630-9688
FROM 9779442493 Sat Sep 12 13:47:24 2009 PAGE 2 OF 2
VERIFICATION
'I
We, Alex M. Reed and Elizabeth J. Reed, verify that the statements made in this
motion to Make Rule to show Cause Absolute are true and correct. We understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to
unsworn falsification to authorities.
-t
V
Date:' ,-. ,.,
t=?
Date: t
BECKER & STRAUSBA'?-1;
X,;OUEY-1 cY LC1Y
544 CARLM S REU
Room, PA IMI
(717' , 630-96M
ALEX M. REED AND ELIZABETH
J. REED, husband and wife,
PLAINTIFFS
V.
PETER THEM BUILDERS, INC.,
DEFENDANT
•
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 08-5461 CIVIL TERM
ORDER OF COURT
AND NOW, this I P day of August, 2009, a Rule is entered against
Peter Them Builders, Inc., to show cause why the petition to confirm an arbitration
award and enter judgment should not be granted. Rule returnable seven (7) days after
service.
cot J. Strausbaugh Esquire
For Plaintiffs
,Xeter Them Builders, Inc.
c/o Mr. Peter them, President
9 Rapauno Way
Carlisle, PA 17013
sal
By the
Edgar B. Bayley, J.
J ?•
o$
J
a
C7
EXHIBIT
a A
a
BECKER & STRAUSBAUGH, P.C.
A Professional Corporation
Attorneys at Law
544 Carlisle Street
Arthur J. Becker, Jr. Hanover, Pennsylvania 17331
Scott J. Strausbaugh
(717) 630-9688
Fax (717) 630-0691
Paralegals: E-mail bandspc@gmail.com
Heather Jones
Vickie Hood
Brenda Ditzler
September 3, 2009
SENT VIA CERTIFIED MAIL, RETURN RECEIPT
AND REGULAR MAIL
Mr. Peter Them, President
Peter Them Builders, Inc.
9 Rapuano Way
Carlisle, Pennsylvania 17013
RE: Alexander M. Reed and Elizabeth Reed vs. Peter Them Builders, Inc.
No. 08-5461
Dear Mr. Them:
I enclose for you an Order of Court dated August 26, 2009 from the Honorable Edgar B.
Bayley regarding the rule returnable on our Petition to Confirm Arbitration Award. If you have
any questions regarding this correspondence I recommend that you retain legal counsel and
guard yourself accordingly.
Very truly yours,
cott J. Strausbaugh
SJS/vlh
Enclosure
cc: Mr. and Mrs. Alexander M. Reed (w/enclosure)
J
c?
EXHIBIT
B
' (Domestic Mail Only; No Insurance Cov ge Provtdec )
Ln Postage
? $ ? y
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Certified Fee D
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P
Return Receipt Fee ostmar
Here
O (Endorsement Required)
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0 (Endorsement Required)
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Cary` Siaie, ZlP+4 ---- -at u`-F„`kn• Q. rr??°- ..............
ALEX M. REED AND ELIZABETH
J. REED, husband and wife,
PLAINTIFFS
0
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
PETER THEM BUILDERS, INC.,
DEFENDANT
08-5461 CIVIL TERM
ORDER OF COURT
AND NOW, this `'? day of August, 2009, a Rule is entered against
Peter Them Builders, Inc., to show cause why the petition to confirm an arbitration
award and enter judgment should not be granted. Rule returnable seven (7) days after
service.
By the Co
Edgar B. Bayley, J.
Scott J. Strausbaugh Esquire
For Plaintiffs
Peter Them Builders, Inc.
c/o Mr. Peter them, President
9 Rapauno Way
Carlisle, PA 17013
sal
4
FILE`:
OF THE ; ` ,QT Y
ZCIO, 9 SEA' . 6
SEP ? ' 200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.,
Defendant.
No. 08-5461
COMMON LAW ARBITRATION
RDER
AND NOW, this 21? ay o 009, upon consideration of the Plaintiff's Petition to
Confirm Arbitration Award and Enter Judgment Pursuant to 42 Pa. Con. Stat. Ann. § 7342(10, it is
hereby ORDERED that the Arbitration Award entered on July 15, 2009, by Andrew Sheely Esquire,
and Thomas R. Miller, Esquire, in favor of the Petitioners Alex M. Reed and Elizabeth J. Reed and
against Peter Them Builders, Inc. in the amount of $26,430.50 is confirmed and the judgment be
entered by Prothonotary in conformity with this Order.
FIEF %-. _;
r
2009 SEA' 22 Ali I I : ? 5
VL?P. r ? ?f'??i?+
Ott ;?;
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
No. 08-5461
CIVIL ACTION - LAW
CIVIL ACTION - EQUITY
PETER THEM BUILDERS, INC.,
Defendant.
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF JUDGMENT
Enter Judgment in favor of the Plaintiffs, Alex M. Reed and Elizabeth J. Reed,
and against:
PETER THEM BUILDERS, INC.
for failure to file any responsive pleading to the Complaint.
(X) Assess damages as follows:
Debt ---------------------------------------- $26,430.50
6% per annum Interest from $ 0
Costs of suit-------------------------------- $ 0
TOTAL------------------------------------- $26,430.50
*Together with additional interest and costs of suit which accrue after the filing
of this Praecipe.
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
( X ) I certify that the foregoing assessment of damages is for specified amounts
alleged to be due in the complaint and is calculable as a sum certain from the
complaint.
( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or
decree), I certify that a copy of this Praecipe has been mailed to each other party who
has appeared in the action or to his/her Attorney of Record.
( ) Pursuant to Pa.R.C.P. 237. 1, I certify that written notice of the intention to
file this Praecipe was mailed or delivered to the party against whom judgment is to be
entered and to his/her Attorney of Record, if any, after the default occurred and at least
(717) 630-9688
ten days prior to the date of the filing of this Praecipe and a copy of the notice is
attached.
DATE: Z? Signature:
Print Name: Scott J. Strausbaugh, Esquire
Attorney for: Plaintiffs
Address: 544 Carlisle Street
Hanover, PA 17331
Telephone: (717) 630-9688
Supreme Court ID No.: 89425
NOW,. , 2009, JUDG NT IS ENT WD AS ABOVE.
Pro onotary/ e , C' it Division
by:
Deputy
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ALEX M. REED and ELIZABETH
J. REED, husband and wife,
Plaintiffs,
VS.
PETER THEM BUILDERS, INC.,
Defendant.
No. 08-5461
CIVIL ACTION - LAW
CIVIL ACTION - EQUITY
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of a Praecipe for Entry of Judgment on
the persons and in the manner indicated below:
Service via regular mail, postage prepaid thereon:
Peter Them Builders, Inc.
c/o Mr. Peter Them, President
9 Rapauno Way
Carlisle, PA 17013
Respectfully submitted,
BECKER & STRAUSBAUGH, P.C.
BECKER & STRAUSBAUGH, PC
ATTORNEYS AT LAW
544 CARLISLE STREET
HANOVER, PA 17331
(717) 630-9688
By:
Scott J. Strausbaugh, Esquire
Attorney for plaintiffs
544 Carlisle Street
Hanover, PA 17331
Supreme Ct. I.D. #89425
Telephone (717) 630-9688
Date: 2 G
OF 4W&MV
2U9 SEP 30 PH 2: 39
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