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Home My WebLink About01-0803coMMONWL~LTH OF PENNSYLVANIA COURT OF COMMON PLEAS of Cumberland County NOTICE OF APPEAL PRC~ DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~r~C~-'~'~ ~ -~ ~ ~ ~e is g~ t~ ~ a~t ~s fi~ in t~ a~e Court of C~ ~s an o~l f~ t~ )~ m~d ~ t~ ~stri~ Justice ~ t~ date a,d in the case mentioned belov~ Anthony J. Carroll 2950 Morningside Drive Camp HI~, PA 17011 01 /10/01 Anthony J. Carroll #09-1 -01 ~h~e%c~.~%~'ement, Jr. vs C. FU]I~.r M~Nt]~ and .ql]San McNutt This block will be signed ONLY when this notation is required under Pa. R.C .JJ~. N~ ffsppellsn~ wss CLAIMAN'r (see Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when mcelved by the D/strict Justice. will operate as a l O01( 6 ) in action before District Justice, heMUST SUPERSEDEAS to the judgment for possessiee in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fora; to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Ent~- rule upon (Comm~fl Pleas Name of appe~leefs) , appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pec~ Sig~ of app~t or h~ &tt~ o~ age~R RULE: ~-o c. ~'u~±er ~v~cNuLt, III ,oppellee(s). (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days at'mr the date of service of this rule upon you by personal service or by certified o~ registered mail (2) If you do not file a c,~nplaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Da~: ,~200.1 COURT FILE TO BE FILED WITH PROTHONOTARY C'~MMONWEALTH OF PENNSYLVANI~ COUNTY OF: COM~ERLAND Mag. Dist No: 09-1-01 DJ Name: Hon. CHARLES A. CLEMENT, Address: 1106 CARLISLE ROAD CAMP HILL, PA (717) 761-4940 17011 ATTORNEY FOR PLAINTIFF : DISSINGE~ & DISSINGER 400 SOuT~ STATE ATTOP/~EYS AT LAW MARYSVILE, PA 17053 NOTICE OF JU' MENT/TRANSCRIPT ClVl. A'SE PLAINTIFF: NAME and ADDRESS UANTHONY J. CARROLL ~ 2950 MORNINGSIDE DRIVE ~MP HILL, PA 17011 ~ VS. DEFENDANT: NAME and ADDRESS ~C NuTT,III, C.~u~LE~, ET AL. ~ 527 DIAMOND DRIVE MIDDLETOWN, DE 19709 Docket No.: CV- 0000587- 00 Date F ed: 10/13/00 THIS IS TO NOTIFY YOU THAT: Judgment: FO~ DEF~q~TDANT r'~ Judgment was entered for: [ (Name) ¢ ¢. ,.,,..T... F-~ OudgmentWasen~d~atnCt¢(Name) 4~N~R',,4,~, ,T. a~.RROLL in the amour~t of $~' ' ¢' .fill 9iq: *'~ (Dateof Judgment) [] Defendants are oir:~'y + se,~rally liable. [] Dam~lges'wJll be a[~--'_ essed o[~ [] This case dismiss~Fwithout prejudice. Amount of Judgn~e~t Subject to [~ Attachment/Act ~1996 $ [] Levy is stayed for '~ · .. days or ~ generally stayed. (Date & Time) [~ Objection to levy has been filed and hearing will be held: 1/1n/n1 Amount of Judgment $ . O0 Judgment Costs $ . O0 Interest on Judgment $ . O0 Attorney Fees $ o O0 Total $ o O0 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGME~TiI~Y ~'i[.ING '~'~TICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, Cl~ DIvISiO~, Y~ MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/T~R. ANSCR~PT FI~iRM WI~H YO~ NO~icE O'F API~EAL ]/tO/2OOt Date ~ t~. ~~.~.. ,DistHbt~C~ ? I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AQPC 315-99 2002 SEAL DISS,N..,~-R & 9!SSINGER COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS ~) ~h -JUDICIAL DISTRffCT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL NOTICE OF APPEAL ~' ~ m,I ' '~ Notice is given that the appellant has fi~d in t~ a~ve Court of C~ ~s ~ ~l f~ t~ judger revered ~ the ~stri~ Justice ~ t~ date and in the case mentioned belo~ anth-,n~ J. Carroll 2950 ~qornin~side Drive Cam~ Hill~ ;L~ 170~1 QTY n Ful "" 'Nu~t Su~an ~cNut This block w~ be dgned ONLY when this notation is required under Pa. R.C.P.J.P. No. frappe//ant was CLAIMAN~r(see Pa. R,C.P.J.R NO. 1008B. This Notice of Appeal, whe~ received by the District Justice, ~11 aperate as a SUPERSEDEAS to the judgment for possession in this cas~ S~n~mm ~ Protho~o~'y ~' D~uW 1 O01 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fo/m to be used ONLY when appel/ant was DEFENDANT (se~ Pa. R.C. PJ.P. No. 1001(7) in action before r~:~¥.',~ IF NOT USED, detach from copy of notice ol al3l~al to be S~Fi~'~ ~r ..... T ~ ,~ · I ~ [] Complete items 1 and/or 2 for addlllonal 5e~lces. · Complete items 3, 4a, and f- ~Ia ' l/"~iithat'iecanreturnths -? ANTHONY J. ClkRROLL, Plaintiff vs. C. FULLER MCNUTT, III and SUSAN R. MCNUTT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW NO. 2001-803 CIVIL 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 T/kKE 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 Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Wii iam C. Diss~/e~ Esquire Attorney for Plaintiff ANTHONY J. CARROLL, Plaintiff vs. C. FULLER MCNUTT, III and SUSAN R. MCNUTT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW NO. 2001-803 CIVIL JURY TRIAL DEMANDED CO~IJkINT BREACH OF CONTRACT COLHqT I AND NOW comes the Plaintiff, Anthony J. through his attorneys, Dissinger and Dissinger, the following: Carroll by and and represents 1. The Plaintiff, Anthony J. Carroll is an adult individual, who resides at 2950 Morningside Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendants, C. Fuller McNutt, III and Susan R. McNutt are adult individuals, who reside at 527 Diamond Drive, Middletown, New Castle County, Delaware 19709. 3. On September 07, 1999, Plaintiff purchased real estate from the Defendants located at 2950 Morningside Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referenced as the "property"). 4. Since the sale of the property, residing at the property and maintaining residence. Plaintiff has been it as his primary 5. Shortly after the Plaintiff moved into the property, he began to have electrical problems. 6. The Plaintiff consulted Leggett, Inc. of Camp Hill, Pennsylvania to service the electrical problems. 7. Leggett, Inc. found that a receptacle in the master bedroom was burnt off. A copy of the invoice and work request are attached hereto as Exhibit ~A". 8. Plaintiff later discovered that the property contains a twenty (20) amp breaker on a fifteen (15) amp line. 9. The multi-listing description of the property placed by Defendants' agent indicated that the property had two hundred (200) amp electrical service when, in fact, the property only has one hundred (100) amp electrical service. A copy of the multi-list is attached hereto as Exhibit "B". 10. Plaintiff again consulted Leggett, Inc. for an estimate on a figure it would cost to install a new two hundred (200) amp electrical service to meet Plaintiff's electrical needs. 11. to install a two hundred (200) amp electrical cost Plaintiff one thousand five hundred ($1,525.00) dollars. A copy of that estimate hereto as Exhibit ~C". Leggett, Inc. estimates that the labor and materials service will twenty-five is attached 12. Prior to the execution of the Agreement of Sale for the property, Defendants completed and signed a Seller's Property Disclosure Statement. 13. On Item 11 of the Seller's Property Disclosure Statement, Defendants represented that they were not aware of any problems or repairs needed in the electrical system. A copy of that Seller's Disclosure Statement is attached hereto as Exhibit '~D". 14. Defendants' statement was false at the time when made and was made with knowledge of its falsity, or with reckless indifference for the truth or falsity thereof. WHEREFORE, Plaintiff demands judgment in the amount of fifteen hundred twenty-five ($1,525.00) dollars to replace the amp service that was sold to him with the amp service that Plaintiff believed he was getting with the purchase of the house. COUNT II NEGLIGENT MISREPRESENTATION 15. The allegations of paragraph one (1) through fourteen (14) are hereby incorporated as if set forth in their entirety. 16. Defendants' misrepresentation service in the Seller's Disclosure misrepresentation of a material fact. of the electrical Statement is a 17. Defendants ought to have known the falsity of the statement regarding the electrical service in the multi- listing and the Seller's Disclosure Statement. 18. Defendants acted with the intent to induce Plaintiff to enter into the Sales Agreement. 19. Plaintiff was justified in relying on the misrepresentations of Defendants. 20. Plaintiff has been damaged as a result of Defendant's material misrepresentations. WHEREFORE, Plaintiff demands judgment in the amount of fifteen hundred twenty-five ($1,525.00) dollars to replace the amp service that was sold to him with the amp service that Plaintiff believed he was getting with the purchase of the house. Respectfully submitted, DISSINGER & DISSINGER ~il~iam~.'Dissing~, Esquire Attorney for Plaintiff Supreme Court ID ~ 27737 400 South State Road Marysville, PA 17053 (717) 957-3474 VERIFICATION I, Anthony J. Carroll, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification. · Carroll, Plaintiff lEGGETT INC 1989 Hummel Rveue · Camp Hill, PA 17011-5994 ¥o ce ~ane:~717~757-4562 · Fax: 717-757-8907 Work Address Contact Scheduled Received Zone Alt Phone Employee Terms ~ ESTIMATE a C,O.O. ~ SERVICE CONTRACT' .. a WARRANW a CONTRACT . ~ ~RA PLUMING .,HEATING · AIR CONDmO~JNG · ELE~RI~L, KITCHEN a ~TH R~_~DELING HOURS MECHANICS HELPERS Due Upon Receipt. 1 1/2% per month interest on ~1 past due ac~unts. Customer agrees to p~y all collection & a~orney's tees. All claims for corrections or adjustments must ~ made within thi~ days. MECHANIC NAME ~TE AFW Search HOT NEW LISTINGS! Photo Not Available 2950 MORNINGSIDE DRIVE - JENNIFER CAMP HILL $108,900. HOLLISTER HOME WEST SHORE Sch Dist Status NEW 763-7500 CALL LIST OFFICE, APPOINTMENT REQUIRED Edit Showing Info:~ Last updated by: 0 ML#-10044653 AD#- Area-6 Mun-LOWER ALLEN Mkt Time-6 House Info...3BR RANCH w/2-Full & 0-Half Bath(s) Parking...ATTACHED, CARPORT Owner Info... Lock Box...LB-FRT DOOR Dir... 11/15,HIGHLAND PK EX,R/GETTYSBURG RD,LfFWENTY-NINTH,L/MORN- INGSIDE Warranty... N Status NEW Sub-Type SF City CAMP HILL List Price $108,900. Mkt Time: 6 Off M kt Date: Sett Date: Sale Office: Sale priceS 0 Fin: Address 2950 MORNINGSIDE DRIVE Area 6 MLS # 10044653 Mun LOWER ALLEN Dev Sch WEST SHORE Dir ll/15,HIGHLAND PK EX, R/GETTYSBURG RD, L/TWENTY-NINTH, L/MORN- INGSIDE #Stories: 1 LotSz 60 X 190 Act 0.21 YrBlt+/- 0 Style RANCH Ext BRICK TotSqFt 1107 Bsmt FULL, PARTIAL* Gar ATTACHED, CARPORT #Firepl 0 #Br 3 #Bth F 2 H 0 #1~ms 7 Lvl Apx. Sz Lvl Apx. Sz LR M MBR M DR M BR1 M FR L BR2 M DEN BR3 KIT M BR4 Tax $1435 Tax Yr A~i RANGE, DISHWASHER OthRm Heat FORCED AIR, OIL Cool CENTRAL AIR IntF ALL WINDOW TREATMENTS WtSw PUBLIC SEWER, DiscFrm PUBLIC WATER ALL BRICK RANCH ON A BEAUTIFUL HOMESITE. HARDWOOD FLRS IN GREAT CONDITION. NEW ROOF, NEW KITCHEN APPL W/LIGHT CABINETS & LRG PANTRY. OIL FURNACE & HOT WATER HEATER 91'. THREE BED- RM, 2 FULL BATHS WITH UPDATED FIXTURES. SOME NEW TILT-IN WINDOWS. PARTIALLY FINISHED BASEMENT W/NEW CARPET & PHONE JACK. LAUNDRY CHUTE, ARCHED OPENINGS & CARPORT. ~h CALL LIST OFFICE, APPOINTMENT REQUIRED ~sh CALL LIST OFFICE, APPOINTMENT REQUIRED hBx LB-FRT* Broker THE HOMESTEAD GROUP REALTOR Ph# 763-7500 LA1 67466 Name HOLLISTER, JENNIFER LA2 Name , SAC 3.25 BAC 3.25 LT Seller Ph# 2950 MORNINGSIDE DRIVE, CAMP HILL LD: 7/16/99 List Type: County Code: Prop ID No: 12-23-0551-019 SA:' SA~: Acc Financing: CONVENTIONAL, VA, FHA, CASH Subdivision: Road Frontage: 60 Srce Square Feet: Lot Desc: F PLap Coords: Zoning: RESIDENTIAL Farms: Outbuild: $108,900. ., Occupied (O/T/V): owner Possession: SETTLE New Construction: HandiCap Modified: N Amenities: GOLF COURSE, SHOPPING/MALL, LIBRARY, MED Construction: FRAME Electric: 200+ AMPS Exterior Feat: PORCH, PATIO, STORAGE SHED/OUT BLDG Fence Desc: NONE Flooring: WALL TO WALL CARPET, WOOD, VINYL Foundation BLOCK Miscellaneous: Roof: ASPHALT/FIBERGLASS Waterfront Desc: Equipment: SMOKE DETECTORS, CEILING FAN, CABLE READY 1989 Hummel Ave,, Camp Hill, PA 17011 (717) 737-4562 · (717) 233-HEAT · Fax: (717) 737-8907 wwwleggettinc.com · e-maih Icggettinc@mindspnng.com December 23, 1999 Mr~ Anthony Carroll 2950 Morningside Drive Camp Hill, PA 17011 ReP. Electric service We propose to furnish labor and material to do the following electrical work at your home at the above address. As per your request, 2 different optious are o*Tered. O~mion # 1 1. Replace the existing 100-amp panel with a new Square D panel and all new breakers. 2. Install new grounding on the electric service as per the national electric code. Total for option #1 - $950.00 9~tign #2_ 1. Install a nexv 200-amp electric service complete with all required cable, meter base, panel, breakers, connectors and all miscellaneous items needed for a complete and operational system. 2. Install new grounding as required by the natiomd electric code. Total for option #2 - $1,525.00 Both options include all required permits and inspections~ All work would be done in a neat and workmanlike manner and will meet all local and national codes. It should be pointed out that due to the brand of panel you currently have installed, Zinsco, that after replacing this panel, you may trip breakers that did not trip on the old system. This would be most noticeable in heavy usage areas, i.e. kitchen, bathroom outlets. This is due to the fact that the new breakers are much more sensitive to overloads than are the old Zinsco breakers. Should this present an extreme problem, some new circuits could possibly need to be run to the problem areas. Any such extra work is :~r included in this proposal, and would be do~e ~s cltheran extraor cndcr asepa~at~ p~op,.~sa;, it coulda[3obv dm~yo~ ~,'ilinorl~av~.r~r,yproI~l'-'ms at a'A. his dependant on how the house is currently wired. If you have any questions, please do not hesitate to call. ***Payment terms - '/2 down and V2 due upon completion. Please find enclosed a finance form as per your request. The foregoing terms, specifications and conditions are satisfactory and are hereby agreed to. By signing this proposal I hereby give authorization to Leggett, Inc. to sup?ly and or perform the above specified work. The owner upon signing this agreement represents that he or she has rr'ad the agreement attd agrees to all terms and Authorized Signature: Date: Acceptance Signature: Date: S~.I.LER'S pROPERTY DISCLOSURE ~Js ~ ~to~ ~cu~. e This 5ta~mont i1 not a w~ of ~y say ~m or war~ tbt Buyer my ~h ~ ob~. ~ a~t ~ ~fi~ ~ ~ ~ ~*t may not ~ i~l~ in ~ S~ment. 1. ~ER'S~ of ' ' (c) ~r~ev~~~p~ ~ ~ .... ~ ~ ~ (d) ~ ~~hvet~? ~ Yes ~ U~ a~ (a) ~ ~w~ of ~ w~ ~go, ~on, ~ ~p~s wi~ ~e ~t ~ ~wl ~? ~ Yes If '~:' ~ ~ ~ ~ ~' ~ n~ d~c ~n who did ~ ~ y~ aw~ ~ ~y ~ ~g i~, ~ or ~ aff~ ~ y~ ~on ~a ~m o~ ~ ~b~ ~ ~ ~ ~ ~n ~ whom ~e ~o~ ~d~, P. 02 ~ YM ~ No (c) (d) {~1° On [] Propane (Om~i~) ~¥cs, howm~ny? A~hoy worldng~ 0 Yes If y~, how many? Are they working? [] Yes [] No Axe, ~*g~etany chimneys? ~ Yee [9'1~o ~,wem they, hstxleened? List m~y m of th~ ho~se tl~t ~re no~ heaxed: If yes, how mnay? .... [o ~e.~~ [~ ~'4~1 they work/nS? ~ Yc~ ~3' No [~ 'rcs ~':~o O? 13 t~ ~l I 1. ~CT'RI~t. SY/g'I'EM~ A~ you ~ of my ptoblmm,~ repuh'kn~!irqth~eJe~5~,sy~m? If '~ea," uxplnim m . (1) t'n C, dtlni ~ No%, 1 m Ate any l~ in tl~ *e~,-fion tn ~d of vq~,,ir or r~pXK~mout? Yea ~o 0 Unknown LAND (SOILS, DRAINAGI~ AND BOUNDAR.[F~) (s) A.m you aware of ~y fill or expuslvo soil on b prci~ny? 0 Yea (b) Ar~ you avm'e of uy s~ ~l~,~ ~ ~. su~, or ~.~7 ~ Y~ ~No ff '"'yea."' explain: tat 14u (c) may occur and mint ~tb~idence invurance am avalh~le through: Depam~nt lnauran~ l~nd, 391~ Waahin~cm Road, Mc..Mm~y. PA IJM7 (n12) 941-7100. F.~laln shy "ye~" *mwe~ dut y~ ~ in this s~c. tiou~ (e) Am you awsre of any rudm~ removal mysore on qbe l~opemy? 0 .'Yes If y~8. list d~M in.led and tylM of sysMm, end whe~ it iA in working order b~iow; [] Yes 0 No E1 Y~ [] No (d) Do you how of ny ~tu for rudofl gu tht have bem~ {xdotmed in shy bulMlu$$ on zhe Property? If yes, bt daze. typo, and t~mzlts of aL1 te~s below.' HOHE~TEAD OROU~ · (~) if PI~ ~ con~, or if cotton belin, befor~~ 1978, y~ must disclom any mpo~s or req~ of ~ paint le ~*. 15. CONDOMINIUblS &ND O'rll~R liOMEOWNE~ ASSOCIATIONS (Complete only Il' ~. Ty~: ~ Condominium ~ ~ve ~ Homeownen Assoc~tion ot Pb.'u~d Community If y~. lis~ nil aV~lli)i~ ~ and ~:ords: la 194 · ~ctl~ ~ of t~ U~o~ P~n~ C~ act [~ ~ Cg. ~ (~.~ ~ ~ ~]. a ~r o/a ~le u~t ~ co~miaia~ c~e~i~, or p~d ~ ~a ~cei~ a co~ ~ ~ ~clam~ (ot~r ~ ~ p~ ~ ~), the by. p~v~ ~ ~ ~r ~ for~ ~ ~e~ or ~ co~. w~r ~n fir~. 16. MlScKLLANEOU8 2e (~t) Am you awn~ of any e~i~h~ or thre. n~n~dl~gala~tlcm~thep~ol~-~y? [] Yes EXKCUTOR, ADMINISTRATOr, TRUSI~E SIGNATWRE BLOCK ~ Diech,,~r~ ~t. The ey~t~d', ~ ot tm~d, d,,e~d, howa~,~, b ny k~ywn nm~-I~l de~ect~l) of ~ ~.~ DATE 2~ 24O DATE DATE A~NTHONY J. CARROLL, Plaintiff VS. C. FULLER MCNUTT, III and SUSkN R. MCNUTT Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLA/~D COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-803 CIVIL JURY TRIAL DEM/LNDED AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS William C. Dissiner, Esquire, attorney for Plaintiff, being duly sworn according to law, says that he mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiffs' Complaint in this action to the Defendants at their residence, and that Defendants did receive same as evidenced by the signed receipt dated March 12, 2001 attached hereto as Exhibit "A". Willia 'm C~ DT~sfnger, E~ri~ Attorney for Plaintiff 400 South State Road Marysville, PA 17053 (717) 957-3474 Sworn to and subscr.~bed before r~e this /~--~day of , 2001. ~ otary Pu ' ~ SENDER: I aJso wish to receive the follow- ing services (for an exb'a fee): C FULLER MCNUTT III 7099 3220 0003 5352 8516 ~ SUSAN R MCNUTT r']Registe~ed ~Ceflifled 527 DIAMOND DRIVE ~e~il ~lnsu~ ~ MIDDLETOWN DE 19709 ~ R~mR~tfor~m~ ~D ~ 5. R~eiv~ By: (P~nt N~) 8. ~re~'s ~d~ (~ If ~u~t~ ~ ~ 6. Sign~re (A~ or A~ent) EXHIBIT "A" ~NTHONY J. CARROLL, : Plaintiff : : VS. : : C. FULLER MCNUTT, III : and SUSAN R. MCNUTT, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERIJtND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW NO. 2001-803 CIVIL JURY TRIA_L DEM3~NDED ACCEPTANCE OF SERVICE / ENTRY OF APPEARANCE I, James G. Morgan, Jr., Esquire, hereby enter my appearance on behalf of the Defendants, C. Fuller McNutt, III and Susan R. McNutt, and accept service of the Complaint, which was delivered to me on ~ - ~ - % ~ 2001. James [~. ~qorgan, ~1_~. ~b.~,quire Tucker~ensberg & S~rt~ 111 Nor~ Front Street P. O. Box 889 Harrisburg, PA 17108-0889 ANTHONY J. CARROLL, Plaintiff VS. C. FULLER MCNU'FI', III AND SUSAN R. MCNU'FI', Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 2001-803- CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: ANTHONY J. CARROLL C/o William C. Dissinger 400 South State Road Marysville, PA 17053 YOU ARE HEREBY notified to file a written response to the enclosed Answer VVith New Matter of Defendants C. Fuller McNutt, III and Susan R. McNutt within twenty (20) days from service hereof or a judgment may be entered against you. Dated: By: Respectfully subn~tted, arrrney I.D. 16897 North Front Street · Box 889 isburg, PA 17108-0889 (717) 234-4121 Attorney for Defendants ANTHONY J. CARROLL, Plaintiff VS. C. FULLER MCNUTT, III AND SUSAN R. MCNUTT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 2001-803- CIVIL JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER AND NOW COMES the Defendants by their attorney, James G. Morgan, Jr., of the law firm of TUCKER ARENSBERG & SWARTZ and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Neither admitted nor denied. Defendants are without sufficient knowledge to answer the same and demands strict proof at trial. 5. Neither admitted nor denied. Defendants are without sufficient knowledge to answer the same and demands strict proof at trial. 6. Neither admitted nor denied. Defendants are without sufficient knowledge to answer the same and demands strict proof at trial. 7. Admitted in part and denied in part. It is admitted that there is a work order request as Exhibit "A". It is denied that Defendants knew there was a problem with the receptacle and strict proof of when and how there is a problem with the receptacle with the bedroom is demanded at trial. 8. Neither admitted nor denied. Defendants are without sufficient knowledge to answer the same and demands strict proof at trial. 9. Admitted in part and denied in part. It is admitted that the Morning Star multi-listing stated 200 amp service. It is denied that the Defendants had knowledge of the same, nor was it signed by the Defendants. This was done for general information of the house. By way of further answer, the Plaintiff had a house inspection and knew or should have known the amperage and electric available at the house. 10. Admitted in part and denied in part. It is admitted that Leggett, Inc., supplied an estimate for 200 amp service, but also indicated the amount for repairs. All of which were based upon matters that occurred after the sale. It is denied that the Defendants had knowledge of the same prior to the sale. 11. Neither admitted nor denied. Defendants are without sufficient knowledge to know the reasonableness of the estimate and demands strict proof thereof at trial. 12. Admitted. 13. Admitted in part and denied in part. It is admitted that the Defendants knew of no problems with the electrical system, but in further answer, no representation 2 relative to the amperage was made in any statement. Defendants, again, assert that there were no problems with the electric at the time the Sellers' Property Disclosure Settlement. 14. Denied. It is specifically denied that Defendants made any false statements and to the knowledge of the Defendants there were no problems with the electrical system. WHEREFORE, Defendants demand judgment in their favor against Plaintiff as well as an award for attorneys' fees and costs of suit. COUNT II NEGLIGENT MISREPRESENTATION 15. No answer is necessary. 16. Denied. There was no representation on the part of the Defendants relative to the electrical server, with the exception of the statement in Item No. 11 of the Disclosure, that they know of no problems with the electrical system. 17. Denied. It is specifically denied that the Defendants implied anything in the Disclosure Statement relative to the amperage service and it is further denied that in fact Defendants had anything to do with the multi-list document, nor should they be held accountable to the same, since the Plaintiff in this action had a house inspection and personally looked at the amperage service box. 18. Denied. It is denied that anything stated in this Complaint, specifically, as to the amperage electrical service, was done in any way by the Defendants as an inducement. 19. Denied. It is specifically denied that the Plaintiff utilized a home inspector for approval to a financial institution for a mortgage or that Plaintiff could or should have relied on the multi-list document relative to amperage electrical service. 20. Denied. It is specifically denied that the Plaintiff can claim damages for the allegations herein and it is specifically denied that the Defendants did anything to induce the Plaintiff nor to hide any material facts nor to make any statements that were false. WHEREFORE, Defendants demand judgment in their favor against Plaintiff as well as an award for attorneys' fees and costs of suit. NEW MATTER 21. Plaintiff has failed to state a cause of action against Defendants upon which relief can be granted. 4 WHEREFORE, the Defendants respectfully request that the Plaintiffs Complaint be dismissed in its entirety and attorneys' fees and costs be assessed against the Plaintiff, as well as any other relief this Court deems appropriate. Dated: November 37629.1 ,2001 Respectfully submitte~d, TUCKER ARENSBEF~¢ &~WARTZ James Czf'lVIo~arf, Jr, ~ Attorn~'1/~ ~ 16897 111 ~o~h Front Street Harri~rg, PA 17101-0889 (717~34-4121 5 VERIFICATION I, JAMES G. MORGAN, JR., attorney for the Defendants, C. Fuller McNutt, III and Susan R. McNutt, in the within action, make this verification on behalf of the Defendants, as Defendants are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading, and I affirm that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Morgan, 27065.1 CERTIFICATE OF SERVICE AND NOW, this /c~"~L-'2 day of November, 2001, I, James G. Morgan, Jr., Esquire, for the firm of Tucker Arensberg & Swartz, attomeys for Defendants, hereby certif3/that I have this day served the Answer by causing a copy of the same to be placed in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: William C. Dissinger, Esquire DISSINGER & DISSINGER 400 South State Road Marysville, PA 17053 ANTHONY J. CARROLL, Plaintiff VS. C. FULLER MCNUTT, III and SUSAN R. MCNUTT, Defendants IN THE COURT OF COI~4ON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION AT LAW NO. 2001-803 CIVIL JURY TRIAL DEMANDED Plaintlff's ReDlY to Defendant's New Matter 21. Defendant's allegation is a legal conclusion to which no answer is required. To the extent that our answer to the allegation may be appropriate the same is denied. Plaintiff has stated a full legal cause of action in his complaint. Respectfully submitted, DISSINGER & DISSINGER William C. Dissinger, Esquire Attorney for Plaintiff Supreme Court ID # 27737 400 South State Road Marysville, PA 17053 (717) 957-3474 VERIFICATION I, Anthony J. Carroll, verify that the statements made in the Plaintiff's Reply to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification. ANTHONY J. CARROLL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. : : CIVIL ACTION AT LAW C. FULLER MCNUTT, III : and SUSAN R. MCNUTT, : NO. 2001-803 CIVIL Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, William C. Dissinger, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the attached document upon the attorney for Defendants by depositing the same First Class postage prepaid with the United States mail addressed as follows: James G. Morgan, Jr., Esquire Tucker, Arensberg & Swartz 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 William C. Dissinger, Esquire