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HomeMy WebLinkAbout02-0015~OMMONWEALTH OF PENNSYLVANIA 'COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~ ~ .-'* /..~" ~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Cou~t of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mefltianed belo~ 1~8~ ~ ~fice of A~I, ~ ~d~ by ~ Dis~ict Justice, will ~ ~ a ~ (~)in ~i~ ~e DJs~ic~ ~e, ~ ~T ~PER~D~S ~ ~ j~ ~ ~s~ in ~is cas~ FILE A COM~AINT wJ~i~ ~ (~0) ~8~ filing ~ NOTICE of A~EAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (ThJ~ se~tJo, o! ~ to be u~ed ONLY w~ ~oellent we~ DE££NDANT (see F~. R.C,P.J.P. No. 1001(7) irt ~tion be!ore Di$~ict Justice. IF NOT USED, ~e~h from copy o! notice o! ~eel to be ~erved upo. ~o~elle~). PRAECIPE: To Prothonotary RULE~ To (1) You am notified that a rule is hereby entered upon you to file Q complaint in this appeal within tw~flty (20) days after the date of service of this rule upon you by personal service or by ce,dified or registered maiL (2) If you do not file a complaint within this time, a JUDGMENT Of: NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rde Jf service was by mail is the date of ma~ling. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN~ ,(IO) DAYS A.?TER !iling the notice of. appeal. Check applicable boxes). COMMONWEALTH OF PENNSYLVANIA '- ' COUNTY OF ....... ~ , . , -. AFFIDAVIT: t hereby swear or affirm that I served ~ copy of the Notice of Appeal Common Pleas No ............ ; upon th'e_.District Justice designated therein on (date of service)~:. '. ~, [] by personal service [.l~"'5..y(certified)r~..~gistere.d) mail, sender's receipt attached hereto, and u_pon the appellee, (name) __../.,,~_~.,~ .X.~, . _~______~. [] by personal service ~"[:)~-'~ertifie~J~(registered) mail, sender s receipt attached hereto. [~]'a'nd further that I served the Rule to File a Complaint accomp~yin~lf~,"'aS'Sve Notice of Appeal upon t, be~gpe, JJee(s) to whom theRulewa~addressedon~J~.~.~.~¢,.~,4~ ....... ~/_.x~,~,~ [] by personal service [~,~b~registered) mail, sender s receipt attached hereto. SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS DAY 0 F~,/,4~"t,4x',,e'c¥ ~ Signature o/official before u, hom afl;davit ~as made Title of official My commission expi[¢s on Signature of affiant COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. NO,: 09 -3 -01 DJ Name: Hon. HAROLD E. BENDER A~r.ss: 81 W~T.NUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA Telephone: (717) 532-7676 17257'0361 ATTORNEY DEF PRIVATE : HAROLD S. IRWIN III 35 EAST HIGH ST SUITE 201 & 202 CARLISLE, PA 17013 319 WEST N~WBURG, NOTICE OF JUDGMENT/TRANSCRIP CIVIL CASE PLAINTIFF: NAME and ADDRESS ~ORROW CONSTRUCTION INC CREEK RD PA 17240 VS. DEFENDANT: NAME and ADDRESS FPARRISH, ROY C, ET AL. 16 ~a/X)W RIDGE DRIVE SHIPPENSBURG, PA 17257 L IDocketNo.: CV'0000259-011~ DateFiled: 11/26/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~-] Judgment was entered for: (Name) ~-] Judgment was entered against: (Name) PARRT~I~', in the amount of $ ~;:'7R?.3~ on: J--]Defendants are jointly and severally liable. r-] Damages will be assessed on: ---]This case dismissed without prejudice. --]Amount of Judgment Subject to Attachment/Act 5 of 1996 $. ~ Levy is stayed for days or ~--] generally stayed. ~-~ Objection to levy has been filed and hearing will be held: DEFAULT ~I~D~t4~-T PLTF 'R T . T .'R'I~ (Date o1 Judgment) (Date & Time) 1~./1q/n1 Amount of Judgment $ 6,650.00 Judgment Costs $ 137.30 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 6,?8?.30 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 JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. /C~ -/~7"~/ Date ~/~/~~ . District Justice 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, AOPC 315-99 2006 SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUt~ERI,AND Mag. Dist, NO: 09 -3 -01 OJ Name: HOn. I-I2~-~.OI.~D E. B]~'%'-DER Ad~,ess: 81 WAT.N'U~ BO~OM ROAD P.O. BOX 361 SHIPPENSBURG, PA Telephone: (717) 532-7676 17257-0361 ATTORNEY DEF PRIVATE : ~fJ~f. OT.n S. IRWIN III 35 EAST HIGH ST SUITE 201 & 202 CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIP' CIVIL CASE PLAINTIFF: NAME and ADDRESS FMORROW CONSTRUCTION INC 319 WEST CREEK RD N~WBURG, PA 17240 VS. DEFENDANT: NAME and ADDRESS rPARRISH, ROY C, ET AL. 16 NR%DOW RIDGE DRIVE SHIPPENSBURG, PA 17257 L Docket No.: CV'-0000259-01 Date Filed: 11/26/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~"] Judgment was entered against: (Name) in the amount of $ ~;: '7R'7.30 on: ~ Defendants are jointly and severally liable. DEFAULT JUDGMRNT PLTF Damages will be assessed on: ~-~ This case dismissed without prejudice. ~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $. Levy is stayed for days or ~-~ generally stayed. ~--1 Objection to levy has been filed and hearing wilt be held: (Date of Judgment) (Date & Time) l~!1q/n1 Amount of Judgment $ 6,650.00 Judgment Costs $ 137.30 Interest on Judgment $ .00 Attorney Fees $ o 01 Total $ 6,787.30 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ,/¢ -//¢"0 / Date ,J-~~:~''e'4e/' ~ ~-~ ,District Justice 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, 2006 SEAL PROOFOF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~:"'4~. L~,,~_,~..,t.,",,~'~'"'..-.~. ............... ; SS AFFIDAVIT: I hereby swear or affirm that I served ~,, copy of the Notice. of Appeal, Commo~ Ple,a,s No, ~ ~. ~_~_~ . , upon_.th.e District Justice designated therein on (date. ofservice~_~ [] by personal service L_H"by (certified) (reg. istered) mail sender's r~c.eipt attached he.,.ret_9.o, and_upon'the appellee, (name) .,,,,~/_~,.~' ~~./,,,u~-.. .... on . ~__.~_~_~,,~ [] by personal service [:],~(certified) (registered) mail, senders receipt attached hereto, E~nd further that ] sef'ved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _~.?~_ ~ ~ [] by persona serv ce I~,'~y (ced ed) (reg stered) mail, sender's receipt attached hereto. /' ' -/ ...... SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS DAY s~i~~" Signature of affiant My commission expires on .................... ~C~ L U F F C~ L U E rtl IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA MORROW CONSTRUCTION, INC. Plaintiff ROY C PARRISH and ELLEN PARRISH, Defendants CIVIL ACTION - LAW NO. 2002 ~ Arbitration NOTICE TO PLEAD You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 and 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 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 (717) 238-6715 (800) 692-7375 (PA only) F:\Word Proces'sing\civil\elients_work~morrow const co v parrish et al.complaint. Feb02.doc IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA MORROW CONSTRUCTION, INC. Plaintiff ROY C PARRISH and ELLEN PARRISH, Defendants CIVIL ACTION - No. 2002- 0915 Arbitration LAW COMPLAINT AND NOW, comes the Plaintiff, Morrow Construction, Inc., by its attorney, Forest N Myers, Esquire, and files the following: COUNT I CONTRACT 1. Plaintiff is Morrow Construction, Inc., a Pennsylvania corporation, having its principal office at 319 West Creek Road, Newburg, Cumberland County, Pennsylvania. 2. Defendants are Roy C Parrish and Ellen Parrish, husband and wife, sui juris adults who reside at 16 Meadow Ridge Drive, Shippensburg, Pennsylvania. 3. Defendants are the owners of real estate, improved with a dwelling, and situate at 16 Meadow Ridge Drive, Shippensburg, Pennsylvania. 4. On or about March 1998, Defendants contacted Plaintiff to secure an estimate for improvements to be completed at Defendants' residence at 16 Meadow Drive, Shippensburg, Pennsylvania. Page 1 of 5 F:\Word Proces~ing\¢ivil\dlients_work\morrow const co v parrish et al.complaint. FcbO2.doc The said improvements consisted of the following: Dissemble Defendants' mobile home at its location in the Country Side Mobile Home Park; move it to Defendants' lot; construct full foundation; construct 12'x20' room addition and other repairs to Defendants' home. 6. Plaintiff provided its estimate for the completion of the work at Defendants' residence on or about $44,800.00. A copy of said estimate is attached hereto as Exhibit "A~ and incorporated herein by reference. 7. In addition to the above work, Plaintiff performed additional work on the Defendant's real estate, including, but not limited to, excavation, grading and seeding of lawn and deck repairs at an additional cost of $17,175.00. 8. The total cost for completion of the improvements including labor and materials was $61,975.00. 9. Defendants orally authorized Plaintiff to proceed with the repairs and remodeling as set forth on the Exhibit on or about April 1998. 10. Plaintiff completed all repairs and remodeling as set forth in the estimate on or about October 1998. 11. follows: Defendants made the following payments on account of the cost as 09/15/1998 $ 4,000.00 09/23/1998 $ 27,500.00 01/11/1999 $ 5,280.00 04/29/1999 $ 8,195.00 12/16/1999 $12,000.00 Page 2 of 5 F:\Word Proces~ing\civil\cqients_workkmorrow const co v parrish et al.complaint. FebO2.doc 12. A balance is due and owing on the construction costs of $5,000.00. 13. Despite repeated demands, Defendants have failed and refused to pay to Plaintiff the amount due and owing for the construction performed. WHEREFORE, Plaintiff prays your Honorable Court to enter judgment in favor of Plaintiff and against Defendants in the amount of $5,000.00, together with interest from November 01, 1998, costs of suit and attorney's fees. COUNT II UNIUST ENRICHMENT 14. Paragraphs 1 through 13 are incorporated herein by reference as though fully set forth herein. 15. Pursuant to the estimate of Plaintiff and the oral acceptance of such estimate by Defendants, Plaintiff provided labor and materials necessary to complete the work requested. 16. In addition, Plaintiff furnished the labor and materials necessary to complete the additional items requested by Defendants. 17. Defendants have refused to pay in full the invoice submitted by Plaintiff and have benefited from said repairs and remodeling and have accepted and retained the benefits from such repairs and remodeling. 18. The use and retention of the repairs and remodeling performed by Plaintiff by the Defendants without payment is inequitable, and unjustly enriched the Defendants. Page 3 of 5 F:\Word ProcesSing\civil\clients_work,morrow eonst ¢o v pafi'ish et al.complaint. FebO2.doc WHEREFORE, Plaintiff prays your Honorable Court to enter its judgment in favor of Plaintiff and against Defendants in the amount of $5,000.00 plus costs of suit and interest to compute from November 01, 1998. Said amount being within the limits for arbitration. Forest N. Myers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717. 532.9046 Fax 71 7.532.8879 e-mail fnmyers@earthlink.net Page 4 of 5 verify that the statements made in this 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 to authorities. Date: /"Gawin Morrow, '/~ President of Morrow Construction, Inc., Plaintiff HAROLD S. IRWIN, III, ESQUIRE ATTORNEY FOR DEFENDANTS SUPREME COURT ID NO. 2gE20 35 EAST HIGH STREET, EUITE 20t/202 CARLISLE, PA '170'13 717-243-6090 MORROW CON8TRUCTION, INC., Plaintiff ROY C. PARRISH nnd ELLEN PARRISH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW /2' : NO. 2002 - ~ CIVIL TERM .. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717) 249-3166 MORROW CONSTRUCTION, lNG,, .Plaintiff ROY C. PARRISH end ELLEN PARRISH, Defendants : IN THE COURT OF COMMON PLEA8 OF : CUMBERLAND COUNTY, PENN8YLVANIA ., : CIVIL ACTION - LAW : NO. 2002 - 0846 CIVIL TERM- ANSWER WITH NEW MATTER AND COUNTERCLAIM NOW come the defendants, by their attorney, Harold S. Irwin, III, Esquire, and file this response to plaintiff's complaint, representing as follows: COUNT I Contract The averments of paragraph one of plaintiff's complaint are admitted. 2. The averments of paragraph two of plaintiff's complaint are denied. Defendants do not reside at 16 Meadow Ridge Drive, Shippensburg, Pennsylvania. On the contrary, although they do own the residence located at that address, defendants are currently residing in Saudi Arabia. 3. The averments of paragraph three of plaintiff's complaint are admitted. 4. The averments of paragraph four of plaintiff's complaint are admitted. 5. The averments of paragraph five of plaintiff's complaint are admitted. 6. The averments of paragraph six of plaintiff's complaint are admitted in part and denied in part. It is denied that plaintiff attached an exhibit to the complaint. On the contrary, no exhibits are attached to the complaint served on defendants' counsel of record. The remaining averments of this paragraph are admitted. 7. The averments of paragraph seven of plaintiffs complaint are admitted in part and denied in part. It is denied that all of the work which plaintiff contracted to perform for the price indicated has been performed. It is also denied that all of the work performed was completed in a good and workmanlike manner. On the contrary, plaintiff failed to complete some of the work contracted to be provided and for which the defendants have been charged. Furthermore, some of the work that plaintiff did provide was not performed in a good and workmanlike manner. The remaining averments of this paragraph are admitted. 8. The averments of paragraph eight of plaintiffs complaint are admitted in part and denied in part. It is admitted that the total cost which defendants agreed to pay for the properly completed project was $61,975.00. It is denied, however, that plaintiff has properly completed all of the work plaintiff agreed to provide and for which the defendants have been charged. Furthermore, some of the work that plaintiff did provide was not performed in a good and workmanlike manner. 9. The averments of paragraph nine of plaintiffs complaint are admitted. 10. The averments of paragraph ten of plaintiffs complaint are specifically denied. On the contrary, plaintiff still has not properly completed all repairs and remodeling as set forth on the estimate. 11. The averments of paragraph eleven of plaintiffs complaint are admitted. 12. The averments of paragraph twelve of plaintiffs complaint are specifically denied. On the contrary, plaintiff has failed to properly complete the work agreed to be performed and therefore no amount is due and owing by the defendants to the plaintiff. 13. The averments of paragraph thirteen of plaintiffs complaint are admitted in part and denied in part. It is admitted that plaintiff has continued to demand payment. However, the remaining averments of this paragraph are specifically denied. On the contrary, plaintiff has failed to propedy complete the work agreed to be performed and therefore no amount is due and owing by the defendants to the plaintiff. WHEREFORE, defendants demand that the plaintiff's complaint be dismissed, that judgment be entered in favor of defendants and against the plaintiff and that defendants be awarded the costs and attorney fees incurred in defending this frivolous suit. COUNT I Unjust Enrichment 14. Defendants incorporate by reference their responses to plaintiff's complaint, paragraphs one through thirteen above, inclusive, as if fully set forth at length. 15. The averments of paragraph fifteen of plaintiff's complaint are specifically denied. On the contrary, plaintiff has failed to properly complete the work agreed to be performed. 16. The averments of paragraph sixteen of plaintiff's complaint are specifically denied. On the contrary, plaintiff has failed to properly complete the work agreed to be performed. 17. The averments of paragraph seventeen of plaintiff's complaint are specifically, denied. On the contrary, plaintiff has failed to properly complete the work agreed to be performed and therefore no amount is due and owing by the defendants to the plaintiff. 18. The averments of paragraph eighteen of plaintiff's complaint conclusions of law to which no response is required. However, if a response is required, these averments are denied. On the contrary, plaintiff has failed to propedy complete the work agreed to be performed and therefore no amount is due and owing by the defendants to the plaintiff. By way of further response, defendants have paid nearly 93% of the contract price to plaintiff and have withheld only such amount as deemed necessary to secure plaintiff's full performance of the contract. WHEREFORE, defendants demand that the plaintiff's complaint be dismissed, that judgment be entered in favor of defendants and against the plaintiff and that defendants be awarded the costs and attorney fees incurred in defending this frivolous suit. NEW MATTER 19. Defendants incorporate by reference their responses to plaintiff's complaint, paragraphs one through eighteen above, inclusive, as if fully set forth at length. 20. Defendants have indicated to plaintiff on several occasions exactly what portions of the job performed by plaintiff were improperly performed and what items of the contract have still not been completed nearly four years after the project started. 21. Plaintiff failed to complete the following work in accordance with the parties' agreement: A. Failed to install a frost free faucet in the front exterior of the house; B. The end of the basement, opposite the garage doors, and the outside of the house on that end have not been finished correctly; and C. The vent in the basement ceiling needs a handle on it to control opening and closing the vent. 22. Plaintiff failed to complete the following work in a good and workmanlike manner in accordance with the parties' agreement: A. Failed to properly seed the yard; and B. Failed to properly construct the improvements and adequately provide for proper drainage in that the garage basement walls are wet all of the time when it rains or snow melts and one area of the basement floor forms a puddle after every rain. 23. Plaintiffs believe and therefore aver that the costs of obtaining another contractor to perform the work that has not been completed and to correct the work that was not performed properly exceeds the $5,000.00 balance of the contract price agreed to between the parties. WHEREFORE, defendants demand that the plaintiff's complaint be dismissed, that judgment be entered in favor of defendants and against the plaintiff and that defendants be awarded the costs and attorney fees incurred in defending this frivolous suit. COUNTERCLAIM 24. Defendants incorporates by reference their responses to plaintiff's complaint, paragraphs one through thirteen above, as well as the averments of their new matter, paragraphs fifteen through twenty-three above, inclusive, as if fully set forth at length. 25. 21. Plaintiff failed to complete the following work in accordance with the parties' agreement: A. Failed to install a frost free faucet in the front exterior of the house; B. The end of the basement, opposite the garage doors, and the outside of the house on that end have not been finished correctly; and C. The vent in the basement ceiling needs a handle on it to control opening and closing the vent. 22. Plaintiff failed to complete the following work in a good and workmanlike manner in accordance with the parties' agreement: A. Failed to properly seed the yard; and B. Failed to propedy construct the improvements and adequately provide for proper drainage in that the garage basement walls are wet all of the time when it rains or snow melts and one area of the basement floor forms a puddle after every rain. 23. Plaintiffs believe and therefore aver that the costs of obtaining another contractor to perform the work that has not been completed and to correct the work that was not performed properly exceeds the $5,000.00 balance of the contract price agreed to between the parties. 24. Based on the foregoing, including without limitation the facts averred in defendants' responses to plaintiff's complaint and the averments of defendants' new matter above, plaintiff's actions in bringing this lawsuit are arbitrary, vexatious and in bad faith justifying an award of attorney's fees pursuant to 42 Pa. C.S.^. § 2503 (9). WHEREFORE, defendants demand that plaintiff's complaint be dismissed, that judgment be entered in favor of defendants and against the plaintiff in the amount of $5,000.00 and that defendant be awarded the costs of this suit and attomey's fees. February ?~, 2002 HAROLD ~.. IRWIN, III,(ESQUIRE ! Attorney for Defendan~_~ 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID NO. 29920 VERIFICATION We, the undersigned, hereby verify that we are the defendants in this action and that the facts stated in the above New Matter and Counterclaim are true and correct. We understand that false statements herein are made subject to the penalties of PA.C.S. Section 4904, relating to unsworn falsification to authorities. ~=~.EN PARRISH CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Defendants' ANSWER, NEW MATTER AND COUNTERCLAIM on this '~"/t'day of March, 2002 bY first class regular mail, postage prepaid, addressed as follows: FOREST N. MYERS ESQ. 137 PARK PLACE SHIPPENSBURG PA 17257 Attorney for plaintiff HAROLD S. IRWIN, III ~' 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID # 29920 MORROW CONSTRUCTION, INC., Plaintiff VS. ROY C. PARRISH and ELLEN PARRISH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - 0015 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATOR$ TO THE HONORABLE, THE JUDGES OF SAID COURT: Harold S. Irwin, III, counsel for defendant in the above action, respectively represents that: 1. The action is at issue. 2. The claim of the plaintiff in the action is $5,000100, plus interest and costs of this action. The defendants deny that they have any liability to the plaintiff because plaintiff has not completed the contract and, in fact, have counterclaimed that the costs to repair plaintiff's defective work and complete work not finished by the plaintiff will exceed the $5,000.00 contract balance. arbitrators: The following attorneys are interested in the case or otherwise disqualified to sit as Forest N. Myers, Esquire - Attorney for plaintiff Harold S. Irwin, III - Attorney for defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. _H?rold S._lrwin(lll / Attorney for De~s HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 170t 3 (7t7) 243-6090 ATTORNEY FOR DEFENDANTS MORROW CONSTRUCTION, INC., Plaintiff vs. ROY C. PARRISH and ELLEN PARRISH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - 0015 CIVIL TERM ORDER OF COURT NOW this day of ~'~,'/ , 2003, in consideration of the foregoing petition, and on motion of Harold S. Irwin, III, ~/squire, ~_/~.~/ ~ ~quire, are appointed arbitrators in the above action. By the Court, VlNYA1ACJNN~Id MORROW CONSTRUCTION, INC. ROY C. PARRISH and ELLEN PARRISH ) ) ) In The Court of Common Pleas of Cumberland County, ?enns?lvania No. 2002, 0015 ~ CIVIL ACTION - LAW OATH Ide do solemnly swear (or affirm) thac we will support, obey and defend the Cons:itu=ion of the United S~aces and =he COnsci~u:~on of ~his Common- wealth and =hat we will discharEe =he duties of our office with fidelity. Dayi~R. Breschi ~J~nkelste-in - AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for dela7 are awarded, they shall be separately stated.) In favor of the plaintiff Morrow Construction, Inc. and against the defendants Roy C. Parrish and Ellen Parrish in the amount of Two Thousand Five Hundred Dollars ($2500) on the complaint and counterclaim. · Arbitrator, dissents. (Insert name if applicable. ) Dace of HearinE: March 6, 2003 DaCe of Award: March 6, 2003 D a~r~;'~.~- Breschi ~ Za~F~stein NOTIC"~ OF ENTRY OF AWARD Now, =he 2~[-day of ~ , ~J~, a~/[,'3~, ~. ~., the above a~rd was en=ered upon ~he doc~ and no=Ice =hereof given b~il =o =he par:tes or =heir a~o~eys. By: Arbitrators' compensation =o be paid upon appeal: Pro =bono tary HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t7) 243 6090 ATTORNEY FOR PLAINTIFF MORROW CONSTRUCTION, INC., Plaintiff v. ROY C. PARRISH and ELLEN PARRISH; Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002 - 0et5 CIVIL TERM .. PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: ~ Please settle and discontinue the above matter, with prejudice to the Plaintiffs. Febrttm'y--- ,2003 FOREST N. MYERS Attorney for Plaintiff February~g",2003