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HomeMy WebLinkAbout11-6750I M Ur rCI NOTLVARIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT I I COMMON PLEAS No. /1- 676-0 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. I Ml- V8 This block will be signed ONLY when this notation is required under Pa. I If appellaIsmot s Claimant (seepa.-Pa.No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a Justice, A COMPLAINT MUST BE FILED within twenty filing the NOTICE of APPEAL Signature or Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary allLiand 7SO\ n 'Sho? Enter rule upon aJ A [l appellee(s), to file a complaint in this appeal 1 Name of appellee(s) (Common Pleas No. r G ?1:r? f ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To e , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: J-?, 20 // r / ) -At-,V Signat of Prothonotary or YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO F" COWLAINT (This proof of service MUST BE FILED WITHIN TEN' (10) DAYS AFTER fl6g of the noffce of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. I hereby (swear) (affirm) that 1 served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 VINtlAIJ,s?3 A1Nf10? uev 09 -.6 WV 9Z 110Z Signature of affrant ??. -7 SPA - LA A 4#?-k 3 8 5-0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-02 MDJ Name: Honorable Vivian Cohick Address: 55 Penn Drive Newville, PA 17241 Telephone: 717-776-3187 Wayne Madden 1582 Holly Pike Carlisle, PA 17013 Disposition Summary Peggy & John Snyder V. Wayne Madden Docket No: MJ-09302-CV-0000092-2011 Case Filed: 6/21/2011 Docket No Plaintiff Defendant Disposition Disposition Date MJ-09302-CV-0000092-2011 Peggy & John Snyder Wayne Madden Judgment for Plaintiff 08/03/2011 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Wayne Madden $0.00 $10,204.48 $10,204.48 Judgment Detail ('Post Judgment) In the matter of Peggy & John Snyder vs. Wayne Madden on 8/03/2011 the disposition is Judgment for Plai ntiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $10,000.00 $10,000.00 Costs $0.00 $141.00 $141.00 Server Fees $0.00 $63.48 $63.48 Grand Total: $10,204.48 ANY. PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. La'i'c Postal Service,,, CERTIFIED MAIL,,,, RECEIPT C' (Domestic Only; Ir ------ p ' stag( - r-q --- - C. -ri!ied Fee $2. 13 C3 O Return Receipt Fee 30 p (Endorsement Required) $2' He O Restricted Delivery Fee I ? ? 9 Required) I , d) 0 Lr) 0 _$ X5.59 1I ? Total Postage & Fees YOhR G(? {? Q Sn ti r-q S`fieef.Apt-?96-r----- -•------ -------------- M or PO Box No. i23? RLd- ------------ - -- - r (This proof of service MUST BE FILED WITHIN COMMONWEALTH OF PENNSYLVANI COUNTY OF Ae ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served © n n aa. 2-n Q < IPPEAL AND RULE TO FILE COMPLAINT YS AFTER filing of the notice of appeal. Check applicable boxes.) ? a copy of the Notice of Appeal, Common Pleas/1-4,75-6 , upon the District Justice designated therein on (date of service) 20 by personal service ? by (certified) (registered) mail, sender's receipt attac ed hereto, and upon the appellee, (name) 49 aF J d kd Sh ed ef- , on u S-f at 20)/ ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AF?IRMED) AND SUBSCRIBED BEFOR ME THIS (o DAY OF "-f , 20 Y Signature e)f oficlal before otim afBd n was made Signature of affrant ?/9'IPJ302YY Tithe of official Fisf Mom w.?7""' l sol My commission expires on _ _, 2e- 1+ymmVNYVCALI n Ur rr.NN5YL.VANIA COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT l COMMON PLEAS No. i T? NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. If 15,92. -1 ?Vum DAT OF J?DG 11 T IN THE f Act M a vs 15rV4CW- w ( { It -i V This block will be signed ONLY when this notation is required under Pa: R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sodeft" of Prothonotary or Deputy NOTICE OF APPEAL (see l ' in action before a district Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No appellee(s), to file a complaint in this appeal t_ Nameofappellee(s) I 1 _ 6 " ? '! c$' ) within twenty (20) days after service of rule or suffer entry ofjudgr vsnf of non pros. Slgaatwe of Sweant or, agamey or agent RULE: To ( `? «4 appellee(s) Name of appeNee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon, you byr personatservice or by certified or registered mail. (2) If you'do-not 6ie.a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The d* of se pf this rule if service was by mail is the date of the mailing. Date: Slgntat of Prothonotary or Deputy YOU MUST *qCL UDE,ALC9PY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 1> I01" #I PEGGY SNYDER and JOHN SNYDER, Plaintiffs V. WAYNE MADDEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVOI AV c C= NO. 2011-6750 CIVIL TERM mcu cn =-n :xrn Zx M -0 rn - `0r CIVIL ACTION-LAW coyr-- I pc? ? 00 . r? C7 y(^ = CD Sl: C') E 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 PEGGY SNYDER and JOHN SNYDER, Plaintiffs V. WAYNE MADDEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-6750 CIVIL TERM CIVIL ACTION-LAW COMPLAINT AND NOW, come Peggy Snyder and John Snyder, by and through their attorneys, Baric Scherer LLC, and respectfully represent as follows: 1. The Plaintiffs are Peggy Snyder and John Snyder (hereinafter "Snyder"), two adult individuals who reside at 1234 Creek Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. The Defendant is Wayne Madden (hereinafter "Madden"), an adult individual who resides at 1582 Holly Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 3. At all times relevant hereto, Madden was engaged in the business of masonry. 4. Snyder entered into a series of written contract with Madden dated September 20, 2009, November 6, 2009 and November 6, 2009, whereby Madden agreed to perform certain masonry services at Snyder's home for a fee totaling $29,975.50. The three contracts are attached hereto as "Exhibit A, B & C" respectively. 5. Snyder agreed to pay $1,524.50 for certain extra work which was outside of the written agreements. 6. Snyder paid Madden a total of $31,500.00 beginning September 22, 2009 through December 4, 2009. 7. Madden indicated that the work would take three weeks to complete. 8. After months of delays in completing the work and a number of excuses, Madden refused to complete the work. 9. Snyder's have been advised that it will cost $8,500.00 to complete the work which Madden was to have completed under the contracts. 10. Snyder paid Madden $1,000.00 for bricks that are useless and $500.00 for a piece of stainless steel Madden claimed he needed for the job. COUNT I BREACH OF CONTRACT 11. Paragraphs one through ten are incorporated herein. 12. Madden did not fulfill his obligations under the contracts with Snyder. WHEREFORE, Snyder respectfully requests that this Honorable Court enter judgment in their favor against Madden for the cost to complete the work, the bricks and the stainless steel, totaling $10,000.00, plus costs and interest. COUNT II UNJUST ENRICHMENT 13. Paragraphs one through twelve are incorporated herein by reference. 14. Madden would be unjustly enriched if he were permitted to retain the entire sum of $31,500.00 paid to him by Snyder since he did not complete the work required under the contracts and charged Snyder for materials that were useless to Snyder. WHEREFORE, Snyder respectfully requests that this Honorable Court enter judgment in their favor against Madden for the cost to complete the work, the bricks and the stainless steel, totaling $10,000.00, plus costs and interest. Respectfully submitted, BARIC SCHERER LLC Mich el A. Scherer, Esquire Date: September 8, 2011 I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I 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:- Date: Peggy Snyder John Snyder (71 (717)713-W78 • Metal, Shingle b' 'ubber Roofing 76 &f a /ntwfor b Ex>Vd" Pafndns IMndows, Siding, Soft b Fast a Remodeling b Addltlons PROPOSAL SUBMITT D O PHOENE DATE STREET JOB AMF ' c CITY, STATE AND ZIP ODE / JOB LOCATION g f? ARCHITECT DATE OF PLANS JOB PHONE We hereby propose o furnish materials and labor necessary for the completion of: Z: C v " / V , (717 49 Metal, Shingle & Rubber Roofing Windows, Siding, So>IIIt & Fascia 710. ? tm Tod ? o? =?MCall we V6 *A&// i (717 713-3978 Interior & Exterior Painting Remodeling & Addldions HL SUtlMfI I tD TOE r' - PHONE DATE 1 I STREET 1 JOB NAME I J CITY STATE AND ZIP CODE ? ?.. , ? ^ - ? JOB LOCATION . is ! •+? ?,:.!!s+ F f - .. ,r . -.? ,'? „? t .. - /, •" ARCHITECT DATE OF y?LANS s JOB PHONE - nereoy propose to furnish materials and labor necessary for the completion of: r t X f i y t. zi-t- 1 lo. .v1 b s0o ro• S bsoD 9 rD;?3 ?ovb $q 114 it -li 5VUY 1.060 WE PROPOSE hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Payment to b ade-as follows: ' aY dollars ($ a? j? - J; ?- f , I r^ All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed Authorized I y only upon written orders, and will become an extra charge over and above the1 esti v Signature?.??j? mate. All agreements contingent upon strikes, accidents or delays - r- .beyond our cgntrol Owner to carry fire, tomado and other necessary insurance. Out workers are fylly cov; Note' This proposal may be ered by Workmen's Compensation Insurance. i ' withdrawn by us if not accepted within days. i _ ACCEPTANCE OF PROPOSAL The above prices, specifications and condi- tions are satisfactory and are hereby accepted. You are authorized to do the work as Signature specified. Payment will be made as outlined above. Date of Acceptance: Signature r AdV% (71 •' (7129 7134978 :Metal, Shingle a Rubber Roofing Wndbws Siding, SOM b Fascia ?/c Zls x ? ll /iKarior b Ex>Cer/or Painting , Remodeling b Add/8ons PROPOSAL SUBMITTED TO PHON DATE - '° STREET ` n JOB NAME CITY, STATE AND ZIP 1`OpE JOB LOCATION ' ARCHIT CT DATE OF PL N A S JOB PHONE We hereby propose to fumish materials and Tab r n f o ec essary or the completidn of: / r YC f r J. ?r ! \ If J r,xHIBIT CERTIFICATE OF SERVICE hereby certify that on September 8, 2011, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Wayne Madden 1582 Holly Pike Carlisle, Pennsylvania 17015 - - ---------- e if say c L MBA L ` k IN THE COURT OF COMMON PLEAS OF PEGGY SNYDER and : CUMBERLAND COUNTY, PENNSYLVANIA JOHN SNYDER, Plaintiffs NO: 2011-6750 CIVIL TERM V. CIVIL ACTION - IN LAW WAYNE MADDEN, Defendant NOTICE TO PLEAD To: Peggy and John Snyder c/o Michael A. Scherer, Esquire Baric Scherer, LLC, Attorneys at Law 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff You are hereby notified to plead to the within New Matter, within twenty days from service hereof, or a default judgment may be entered against you. Date: October 60, 2011 Very respectfully, eoK low DOUGLAS C. LOVE CE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant DOUGLAS C. LOVELACE., JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 PEGGY SNYDER and JOHN SNYDER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2011-6750 CIVIL TERM WAYNE MADDEN, V. Defendant CIVIL ACTION - IN LAW DEFENDANT'S ANSWER. WITH NEW MATTER AND NOW comes Defendant Wayne Madden, by and through his undersigned attorney, Douglas C. Lovelace, Jr., Esquire, and respectfully represents as follows in support of this Answer, with New Matter: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. Defendant admits to entering into an agreement with Plaintiffs, by which Plaintiffs solicited Defendant's assistance in performing masonry and other work at Plaintiffs residence. Defendant denies that Exhibits "A," "B," and "C," of Plaintiffs' Complaint are written contracts binding Defendant and Plaintiff. By way of further answer, the documents presented as Exhibits "A," "B," and "C," of Plaintiffs' Complaint speak for themselves, and Defendant specifically denies Plaintiffs' incorrect characterization of the documents. 5. Admitted in part and denied in part. Defendant admits Plaintiffs agreed to pay Defendant additional monies for additional work. However, Defendant denies Plaintiffs agreed to pay Defendant the amount of $1,524.50. 6. Admitted. 7. Denied. Defendant specifically and clearly advised Plaintiffs that the work Plaintiff asked Defendant to perform would take four to six weeks, in the best case, but that there could be unexpected delays beyond Defendant's control. 8. Denied. Plaintiff John Snyder prohibited Defendant from completing the small amount of work remaining. Defendant specifically denies Plaintiffs allegation that Defendant refused to complete the work agreed upon. To the contrary, Defendant asked Plaintiffs multiple times for permission to complete the remaining work. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 10. Denied. The bricks Defendant supplied Plaintiffs, as well as all materials Defendant procured for and supplied to Plaintiffs were necessary and appropriate for the work Plaintiffs required Defendant to perform. 2 COUNTI BREACH OF CONTRACT 11. Defendant incorporates by reference his responses presented in 1 through 10 inclusive, as though set forth and stated fully herein at length. 12. Denied. Plaintiffs, averment is an incorrect conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that Plaintiffs' averment is determined not to be a conclusion of law, Defendant avers he fulfilled all his obligations under the contract, to the extent he was permitted to do so by Plaintiffs. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint with prejudice, assess all costs and attorney fees against Plaintiffs, and provide Defendant such other relief as the Court deems just and appropriate. COUNT II UNJUST ENRICHMENT 13. Defendant incorporates by reference his responses in paragraphs 1 through 12 inclusive, as though stated fully herein at length. 14. Denied. Plaintiffs' averment is an incorrect conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that Plaintiffs' averment is determined not to be a conclusion of law, Defendant avers he is entitled to retain the entire sum of monies paid to him by Plaintiffs, since Defendant fulfilled all his obligations under the contract, to the extent he was permitted to do so by Plaintiffs. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice, assess all costs and attorney fees against Plaintiff, and provide Defendant such other relief as the Court deems just and appropriate. 3 NEW MATTER 15. Defendant incorporates by reference his responses in paragraphs 1 through 14 inclusive, as though fully stated and set forth herein. 16. Subsequent to Plaintiffs agreeing with Defendant for Defendant to perform work on Plaintiffs' residence, Plaintiffs demanded that Defendant produce for Plaintiffs' inspection proof of Defendant's business registration and insurance. 17. In accordance with Plaintiffs' demand, Defendant appeared at the door to Plaintiffs' residence with written proof of Defendant's business registration and insurance. 18. When Defendant appeared at the door to Plaintiffs' residence with written proof of Defendant's business registration and insurance, Plaintiff John Snyder glanced at the documents Defendant provided and said, "I don't believe any of that," or words to that effect, and ordered Defendant to leave Plaintiffs' property and never return. 19. When Plaintiff John Snyder ordered Defendant off his property, Defendant had completed over ninety percent of the work Plaintiffs had asked Defendant to perform. 20. After Plaintiff John Snyder ordered Defendant off Plaintiffs' property, Defendant attempted to secure Plaintiffs' approval for Defendant to complete the less that ten percent of work remaining, but Plaintiffs refused to allow Defendant to complete the work. 21. To the extent Plaintiffs have suffered any damage, said damage was caused by the Plaintiffs and not by any action or inaction by Defendant. 22. Plaintiffs fail to state a cause of action upon which relief may be granted. 23. Plaintiffs' action is barred or limited by the doctrine of impossibility. 24. Plaintiffs' action is barred or limited by the doctrine of unclean hands. 4 25. Plaintiffs' action is barred or limited by the doctrine of estoppel. 26. Plaintiffs' action is barred or limited by the doctrine of laches. 27. Plaintiffs' action is barred or limited by the doctrine of accord and satisfaction. 28. Plaintiffs' action is barred or limited by the doctrine of consent. 29. Plaintiffs' action is barred or limited by the doctrine of duress. 30. Plaintiffs' action is barred or limited by the doctrine of waiver. 31. Plaintiffs' action is barred or limited by the doctrine of release. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice, assess all costs and attorney fees against Plaintiff, and provide Defendant such other relief as the Court deems just and appropriate. Respectfully submitted, Dated: October 20, 2011 Attorney for the Defendant Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 5 IN THE COURT OF COMMON PLEAS OF PEGGY SNYDER and : CUMBERLAND COUNTY, PENNSYLVANIA JOHN SNYDER, Plaintiffs NO: 2011-6750 CIVIL TERM WAYNE MADDEN, V. : CIVIL ACTION - IN LAW Defendant VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, that the facts and circumstances set forth in the foregoing Defendant's Answer, with New Matter are true and correct to the best of his knowledge, information, and belief. Date: October, 2011 Wayne dden Defend At PEGGY SNYDER and JOHN SNYDER, V. WAYNE MADDEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO: 2011-6750 CIVIL TERM CIVIL ACTION - IN LAW Defendant CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Defendant, Wayne Madden, hereby certify that on October 20, 2011, I served a true and correct copy of the foregoing Defendant's Answer, with New Matter upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: Michael A. Scherer, Esquire Baric Scherer, LLC, Attorneys at Law 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff 0! 6V7- K, ee - Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant 20 12: Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 PEGGY SNYDER and JOHN SNYDER, WAYNE MADDEN, To The Prothonotary: Plaintiffs V. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2011-6750 CIVIL TERM CIVIL ACTION - IN LAW PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance as attorney for Defendant Wayne Madden in the above captioned matter. Date: October ? 2011 Z? 'e ??% v Douglas C. Lovelace, Jr., Esquire Attorney for Defendant Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 HE FRS ?f1, (t o l I OCT 20 PSI 12: 1-; 'UMBERLANT Litt r+;'?, 4fr, Ads. DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 PEGGY SNYDER and JOHN SNYDER, WAYNE MADDEN, To the Prothonotary: Plaintiffs V. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2011-6750 CIVIL TERM : CIVIL ACTION - IN LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Defendant Wayne Madden to proceed in forma pauperis. I, Douglas C. Lovelace, Jr., attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs, and that I am providing free legal services to the party. Date: October 20, 2011 Respectful lyyssubmitted, 4jj2r G' DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Peggy Snyder & John Snyder Plaintiff NO. 6750 C1V11 ,2009 r*t VS. Phi 2> CC Wayne Madden ° -0 RULE 1312-1 Defendant D W The Petition for Appointment of Arbitrators shall be substantially in t} Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael A. Scherer, Esquire , counsel for the plaintiff/de€en4aW in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $10,000.00 plus costs & interest The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Douglas C. Lovelace, Jr., Esquire and Michael A. Scherer, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 2 r*! Z? ?o Respectfully submitted, Mic a l A. Scherer, Esquire GLT? ORDER OF COURT C,E -M/95-k? AND NOW, petition, _ Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J. H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Peggy Snyder & John Snyder 6750 C1V112021 Plaintiff NO ; -Y _ . A-rrl Al ti x VS. N -t Wayne Madden -0 Defendant Z C W p C-) ty RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in tl:? Following form: ? 0 PETITION FOR APPOINTMENT OF ARBITRATORS 0 TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael A. Scherer, Esquire , counsel for the plaintiff/de€eocl" in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $10,000.00 plus costs & interest The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Douglas C. Lovelace, Jr., Esquire and Michael A. Scherer, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Mic a 1 A. Scherer, Esquire of A'1*;K0?T4 Q ORDER OF COURT CL it/ps-yp (, ??°7t'09 ? ? AND NOW, 3G , 200/ , in consideration of the foregoing petition, ? _ ?'&?x, Esq., and Esq., and j2,. ? _J ' Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. bou? (as Looelacr Tr_ ?- gip; Fs ?t?:l?a ?f 3fia )e L -i By the Court, ??? nj M C-) _'VM :zj Kevin A. Hess, P.J. ; -?C:) " C-3 Z 'r# CA , PEGGY SNYDER and JOHN : IN THE COURT OF COMMON PLEAS OF SNYDER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW ' NO. 11-6750 CIVIL WAYNE MADDEN, Defendant ORDER AND NOW,this 46- day of March, 2013,the appointment of a Board of Arbitrators in the above-captioned case is VACATED. David Reager, Esquire, Chairman, shall be paid the surn of$50.00. BY THE COURT, Kevin A ess,P. J. VDavid Reager,Esquire V/Court Administrator :rlm 60py ma,'I-ed -71IS-113 C-3 rnw Cn r-2: 3-w =C)