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HomeMy WebLinkAbout13-1935 Supreme C nnsylvania r, Cou leas Fw use 0*- :1W No: Cu County 13-03,5" The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. 11 Commencement of Action: IM Complaint ® Writ of Summons ❑ Petition SM _13Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: Brian J. Anderson and Janie Anderson Jeffrey Morret T /B /D /A Morret Construction Are money damages requested? M Yes ❑ No Dollar Amount Requested: (within arbitration limits (check one) ❑outside arbitration limits Is this a Class Action Suit? ❑ Yes IS No Is this an MDJAppeal? ❑ Yes 0 No Name of Plaintiff/Appellant's Attorney: Jeff R. Lawrence, Esquire a ® Check here if you have no attorney (are aSelf- Represented [Pro SeJ .Litigant) ' "' 11Tat�tlte Case Place an "X" to the left of the casecategary that most accurately desct7bes your P.KARF CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional El Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment E3 Motor Vehicle ❑ Debt Collection: Other 0 Board of Elections Nuisance Dept. of Transportation Premises Liability ® Statutory. Appeal: Other Product Liability (does not include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination ® Other: ❑ Employment Dispute: Other ® Zoning Board ` 0 Other: MASS TORT [3 Other: ❑ Asbestos Tobacco Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY ❑ Toxic Waste MISCELLANEOUS ❑ ❑ Other: Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent Mandamus ❑ Landlord/Tenant Dispute Non- Domestic Relations PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Residential Restraining Order Mortgage Foreclosure: Commercial ❑ Quo Warranto ® Dental ❑ Partition 13 Legal ® Replevin ® 13 Medical Quiet Title ® Other: ❑ Other: ❑ Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN J. ANDERSON and NO. JANIE ANDERSON &t Plaintiff � vs CIVIL ACTION - LAW -v z xrn JEFFREY MORRET Z: m :0 T /B /D /A MORRET CONSTRUCTION -<> ry CDC JURY TRIAL DEMANDED r - z Defendant < o CD 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN J. ANDERSON and NO. JANIE ANDERSON, Plaintiffs, vs. CIVIL ACTION -LAW JEFFREY MORRET T/B/D /A MORRET CONSTRUCTION, Defendant. JURY TRIAL DEMANDED COMPLAINT AND NOW, this 12'' day of April , 2013, comes the Plaintiffs, Brian and Janie Anderson, by and through their attorneys, Mooney and Associates, by Jeff R. Lawrence, Esquire, and files this Complaint, whereof the following is a statement, to wit: 1. Plaintiffs are Brian John Anderson and Janie Anderson, a married couple, residing at 31 Wolf Bridge Road, Carlisle, Cumberland County, PA 17013. 2. Defendant is Jeffrey Morret t/b /d/a Morrett Construction, an adult individual, currently residing at 2 Albert Lane, No. 2, Dillsburg, York County, PA 17019. 3. Defendant is the sole owner of a small construction company which specializes in roofing and renovation projects, including home additions and remodeling. 4. In March of 2012, Plaintiff's contacted Defendant to inquire about some possible remodeling to their home. 5. Defendant presented Plaintiffs with a written proposal of the work he would perform. A copy of the proposal is attached as Exhibit "A." 6. Pursuant to the written proposal, Defendant, among other things: a. assured that "all work shall be completed in a professional manner;" and b. warranted all work. 7. Plaintiffs signed the written proposal on March 31, 2012. 8. Plaintiffs made their first payment in the amount of $4,000. A copy of that check is attached as Exhibit "B." 9. During the project, Defendant performed tasks in a performed in a poor, improper, and unworkmanlike manner, including, among other things: a. failing to adequately protect the interior of the home from rain damage; b. damaging Plaintiff's driveway, and his own vehicle, through improper use of a skid loader; c. damaging window screen while using a power washer; d. using the wrong type of staples during roof construction; e. damaging new vinyl windows by attempting to straighten them with a crowbar; and f, hanging doors incorrectly. 10. On April 16, 2012, Defendant requested another draw of $2,000. Even though some difficulties had already occurred, as a sign of good faith Plaintiffs wrote a check for $4,000. A copy of that check is attached as Exhibit "C." 11. On May 14, 2012, after Defendant demanded more money or else he would discontinue work on the project, Plaintiffs wrote another check for $1,500 to Defendant. A copy of the check is attached as Exhibit "D." 12. On May 14, 2012, Defendant fell off a roof while working on another project. 13. As a result of his fall, Defendant suffered a collapsed lung and broken ribs. 14. Over the next two days, a sub - contractor showed up at Plaintiffs' home and performed what work he could on the siding and soffet. 15. The sub - contractor then indicated he did not feel comfortable proceeding, as he didn't want to "mess anything up." 16. At that point the project was far from complete, Defendant was likely going to be incapacitated for some time, there were not sufficient materials to complete the job, and no new materials had been ordered. 17. The condition of the home at that point was as follows: a. The back porch leaked water; b. The roof of the house was only halfway completed; c. The roof of the garage was missing shingles; d. The were no gutters on the house or garage; e. The lack of gutters was causing the basement to flood after every rainfall; f. The concrete pads installed by Defendant were sloped towards the house, causing water to pool at the juncture of the pad and the house and ultimately leading to water leaking inside the home; g. The siding was not all hung; and h. Fascia boards were not wrapped with aluminum and as a result the soffit was not complete. 18. On or about May 28, 2012, Plaintiffs spoke with Defendant, who was still hospitalized, about the project. 19. Plaintiffs indicated they would like to hire another contractor to complete the work and Defendant agreed that was the best course of action. 20. The new contractor immediately recognized there were problems with the concrete. 21. Among other things, the concrete had been poured incorrectly, it had no groove lines, it should have been tamped but it was not, and most importantly, the new contractor could tell just by looking at the slabs that they each had a negative slope towards the structures they were near. 22. To fix the improper installation of concrete, it was required to remove the 6 x 40 foot slab which had been installed in front of the house and the pad between the new sunroom and the garage. Both concrete pads needed to be re- poured. COUNT I: BREACH OF CONTRACT 23. All previous paragraphs are incorporated by reference. 24. Defendant has wholly neglected to do and perform certain things which were expressly or by necessary implication required to be done and performed by the agreement. 25. Defendant has performed in a poor, improper, and unworkmanlike manner certain other things which were expressly or by necessary implication required by the agreement to be done and performed in a proper and workmanlike manner. 26. Among the obligations described in the written agreement, Defendant was required to cause "all work [to] be completed in a professional manner." 27. The construction and remodeling work performed by Defendant was not completed in a professional manner. 28. The construction and remodeling work performed by Defendant was defective, unusable, and required major repairs. 29. As a result of the poor, improper, and unworkmanlike manner with which Defendant remodeled Plaintiffs' residence, Defendant has breached the written contract. 30. As a direct and proximate result of the breach of contract by Defendant, Plaintiffs were required to hire other contractors to repair or replace the deficient work done by Defendant. 31. As a direct and proximate result of the breach of contract by Defendant, Plaintiffs have sustained aggregate damages of $25,455.10. WHEREFORE, Plaintiffs demand judgment against Defendant, jointly and severally, in the amount of $25,455.10 together with costs and interest as provided by law. COUNT II: BREACH OF EXPRESS WARRANTY 32. All previous paragraphs are incorporated by reference. 33. Pursuant to the written proposal, Defendant "warrants all work for a period of days following completion," thereby creating an express warranty under 13 Pa.C.S. § 2313. 34. Defendant remodeled Plaintiffs' residence in a poor, improper, and unworkmanlike manner and did not repair or replace the defective work as provided by the express warranty. 35. As a result of Defendant's failure to repair or replace the defective work, Defendant has breached the written contract. 36. As a direct and proximate result of the breach of express warranty by Defendant, Plaintiffs were required to hire other contractors to repair or replace the deficient work done by Defendant. 37. As a direct and proximate result of the breach of express warranty by Defendant, Plaintiffs have sustained aggregate damages of $25,455.10. WHEREFORE, Plaintiffs demand judgment against Defendant, jointly and severally, in the amount of $25,455.10 together with costs and interest as provided by law. COUNT III: BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY 38. All previous paragraphs are incorporated by reference. 39. Defendant is bound by the Implied Warranty of Merchantability present in every contractual sale of goods in Pennsylvania under 13 Pa.C.S. § 2314. 40. In executing the written contract with the Plaintiffs, Defendant implied a warranty that his work would be of merchantable quality, that it would conform to the contract, and that it could pass without objection in the trade under the contract description. 41. The work performed by Defendant or caused to be performed by Defendant was not of merchantable quality, did not conform to the contract, and could not pass without objection in the trade under the contract description. 42. As a result of Defendant's failure to repair or replace the defective work, Defendant has breached the implied warranty of merchantability. 43. As a direct and proximate result of the breach of implied warranty of merchantability by Defendant, Plaintiffs were required to hire other contractors to repair or replace the deficient work done by Defendant. 44. As a direct and proximate result of the breach of implied warranty of merchantability by Defendant, Plaintiffs have sustained aggregate damages of $25,455.10. WHEREFORE, Plaintiffs demand judgment against Defendant, jointly and severally, in the amount of $25,455.10 together with costs and interest as provided by law. COUNT IV: VIOLATIONS OF THE UTPCPL 45. All previous paragraphs are incorporated by reference. 46. In conjunction with the execution of the written contract for the remodeling project, the Defendant engaged in unfair and/or deceptive acts or practices with Plaintiffs in that he: a. represented that his work was a quality or grade which it was not; b. failed to comply with the terms of the written warranty included in the contract; and c. engaged in fraudulent and/or deceptive conduct which created a likelihood of confusion and/or of misunderstanding in that: i. Defendant falsely and/or recklessly represented to Plaintiffs that the new roof, addition to the home, and the concrete pads would be constructed and installed free of defects; ii. the misrepresentations were intentional and/or material to the contract; iii. the fraudulent and material misrepresentations were intended to and did mislead Plaintiffs into relying on it; iv. Plaintiffs justifiably relied on the fraudulent and material misrepresentations made by the Defendant; and v. the damages incurred by Plaintiffs were proximately caused by their justifiable reliance on the fraudulent and material misrepresentations made by the Defendant. 47. Defendant has violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), 73 P.S. § 201 -1 et seq., as alleged above, including but not limited to the following: a. Defendant made false representations regarding his experience, expertise, and the quality of its work in violation of 73 P.S. §201- 2(4)(v); b. Defendant made false representations regarding particular standard, quality, or grade of its services and goods in violation of 73 P.S. § 201- 2(4)(vii); c. Defendant failed to comply with the terms of any written guarantee or warranty given to Plaintiffs in violation of 73 P.S. § 201- 2(4)(xiv); d. Defendant violated 73 P.S. § 201- 2(4)(xvi) by making repairs and improvements to Plaintiffs' home of a nature or quality inferior to or below the standard of that agreed to by the parties; and e. Defendant violated 73 P.S. § 201- 2(4)(xxi) by engaging in fraudulent and deceptive conduct. 48. As a direct and proximate result of the Defendant's violation of the UTPCPL, Plaintiffs have sustained damages of $25,455.10. WHEREFORE, Plaintiffs demand judgment against Defendant, jointly and severally, in the amount of $25,455.10; the imposition of treble damages and reasonable attorney fees under the UTPCPL, 73 P.S. § 201- 9.2(a); and costs and interest as provided by law COUNT V: NEGLIGENCE 49. All previous paragraphs are incorporated by reference. 50. Defendant knew or should have known the roof installed at Plaintiffs' home was poorly or incorrectly crafted and would be prone to leaks. 51. Defendant knew or should have known the concrete pads installed on Plaintiffs property had a negative slope which would result in the accumulation of water near and in Plaintiffs home and garage. 52. Defendant owed a duty of care to Plaintiffs to install a roof which would not leak and concrete pads which would not promote leaks. 53. Defendant negligently and/or carelessly constructed or caused to be constructed the roof and concrete pads at Plaintiff's property. 54. As a direct and proximate result of the negligence and/or carelessness of Defendant, Plaintiffs were required to hire other contractors to repair or replace the deficient work done by Defendant. 55. As a direct and proximate result of the negligence and/or carelessness of Defendant Plaintiffs have sustained aggregate damages of $25,455.10. WHEREFORE, Plaintiffs demand judgment against Defendant, jointly and severally, in the amount of $25,455.10 together with costs and interest as provided by law. Respectfully submitted, MOONEY & ASSOCIATES Je a Attorney f Plaintiff I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243 -4770 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.A. § 4904 relating to unsworn falsification to authorities. 3 t3 Date: 7 vv� Brian Anderson 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.A. § 4904 relating to unsworn falsification to authorities. Date: ?1'1��/_ � J 'e Anderson P ROPOSAL Page # of _ pages yt.'LS Q� �,1�.� �• i'Z o 1g 104 }h-��� IDttr L� �L rnQftiF .,.. Fax # Architect we heraby,ia +a4it apt lit turd : fc# ` : z O bab 't �.. l c Ab31� rc A'T 7t �t . 1� F hn ©til F ©�� � �t3al� �.�.g tR �,►`lz'�1.ig""�c'A�.L 1rS F t� C'�'�1 CAL% 1R 1hD 5. cL' b um - `�'A'il: C11 k'�3U fl �b P+ G€ t tii. L 3 " 6. We hereby mo'�S mterial and labor — complete in accordance with the above specifications for the sum of: 1 �h, J 00 g�E \ i4ati.�At�1�[�i1� �L.F �i;_ k% Dollars Lbe.d ts to be made as follows: or deviation from above specifications involving extra costs will Respectfull `tied: nly upon written order, and will become an extra ch arge ove mate. All agreements continge upon strikes, accidents, or ys ntroi� _ d Nt,_4. proposal may be withdrawn by us if not accepted within days. .11L t tilC� 0R�.J1.-S • ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions at satisfactory and hereby accepted. You are authorized to do the work as specified. Pa will be made as outlined above. Date of Acceptance: I � C �,R L�st ��_ t fl . f I tz TIASTA U., _i._R'' •. -iJl? _- . -_.- ..LUCK ._o _dv-S `t L� _ GR�� . `M � ._ OT CFA 1�, t .c'm , ticc W AL -S _ tdC ►�.1►�'.r�1 _ ��-. pl. A, • __ � g.�"t''�� -6 _ nit :No usF �cz" T1slkS- TR.L.i -- "IMOAR_,1.1SLlhA�`_ 41 _..t_._QO.r7 ©fir _..k -ko Lks Z _ _ uJours Lmpuc C--Nfzkrsu- rlok 1^10 11 d a S 't a U-s CA bt.ot fin- AI-6t> i2.' LA C - 2t&ft OF f t t BRIAN J. ANbeRSON Og' 31 WOLF BROGE P GARU8LE PA 17013 rA r 7 ' Ilk . �41.a- � � +1►�L1!Qs�. .L� t?"�L2�,[,� Q►t� ��1 .L�..`` i��;;•r:,►res 8 t. ".r. PART Of THE SANTANCgR GROU► xtp%l, 00M. &01- �- i:23i ?�69i�: y��.9225042�' BiEIi[]9 CaptureDate:04 /04/2012 Account:4549225092 AltAcct:4549225092 Amount:$4,000.00 RT:231372691 TC:81 OrigTC:81 SerialNumber :109 CaptureSite:640 DbCr :D EndPoint:O AdjustmentFlag:- Onus \Transit:- SequenceNumber:985673760 IRD:O >031301846< Ci Metro Bank Hub #01 2012 -04 -03 012475340 " . .. ....�,.�, ...� -.w , p rR .at � • 'I+e ate. w�Y .s a`� -7 BRIAN J. AkbERSON 91. W O LF BRtDGE RO. 1 .10 CAALiSLE PA •17013 Iga 60.7269Q313 P.tr To Ti tf >t-- 1��..eve V5, ' „)• - Z3t)t LAK1 OVE'1'efC7— Bar& PART Of THE SANTANDER GROUP '123 ?264 41: .45�.9�2'2SOq:21i• e LO s Lp - -. _� CaptureDate:04 /18/2012 Account:4549225092 A1tAcct:4549225092 Amount:$4, RT:2313726 nc Nu 0 9 7 474 81 SerialNumber:110 CaptureSite:640 DbCr:D EndPoint:0 AdjustmentFla g:- Onus \Transit:- SequenceNUmber:974749150 IRD:O >031301846< Metro Barak Hub #01 2012 -04 -17 014887031 Yq BRIAN J. ANDERSON 60 rM/2313 4 $ 31 WOLF BRIDGE RD. 717 245.8403 CARLISLE, PA 17013 - OATS PAY TO THE . ORDER OP s \�✓ DOLLARS Sovere f PARE Of THE SAW/MM GROUP MEMO , • ,/� 23 L3? 269 P: 004 10984 7 ii'048G -_ CaptureDate:05 /15/2012 Account:41098471 A1tAcct:41098471 Amount:$1,500.00 RT:231372691 TC:90 OrigTC:O SerialNumber:486 CaptureSite:640 DbCr:D EndPoint:0 AdjustmentFlag:- Onus \Transit:- SequenceNumber:972585470 IRD:O BLNK:O Pocket:O asr SHERIFF'S OFFICE OF CUMBERLAND COUNTY '` ' Ronny RAnderson r, ,. � r,a Sheriff O THE PROT�SOHO A � ��„ti:�r ai ��. Jody S Smith � Wyy 2013 MAY _3 PM 2-. t Chief Deputy , Richard W Stewart CUMBERLAND COUNTY Solicitor *I OF TlAE�MEPIr F- P E N N S Y L%1A N s A Brian J Anderson (et al.) Case Number vs. Jeffrey Morret t/d/b/a Morret Construction 2013-1935 SHERIFF'S RETURN OF SERVICE 04/12/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jeffrey Morret t/d/b/a Morret Construction, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 04/23/2013 The requested Complaint& Notice served by the Sheriff of York County upon Jeffrey Morret t/d/b/a Morret Construction, personally, at 2 Albert Lane, No. 2, Dillsburg, PA 17019. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, May 02, 2013 RON O R ANDERSON, SHERIFF (c)CountyS.uito Sheriff,Toleosott,Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J.MANGAN, ESQ. Sheriff `' Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy,Administration BRIAN J.ANDERSON (et al.) Case Number vs. JEFFREY MORRET t/d/b/a MORRET CONSTRUCTION 13-1935 CIVIL SHERIFF'S RETURN OF SERVICE 04/23/2013 08:45 AM-DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT&NOTICE BY"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: JEFFREY MORRET T/D/B/A MORRET CONSTRUCTION AT 2 ALBERT LANE, NO.2, DILLSBURG, PA 17019. MICHAEL EfONOVAN, DEPUTY SHERIFF COST $120.20 S ERS, April 30, 2013 RICHARD P KRIERI ER, SHERIFF CC)MNNW+41H OF PENNSYLVANIA of a'kamal Seal SNOa C.Cook,* PuWk M Commtss(on Y County MEMBER, 'ENIM5YIVANih Feb•1 2017 A110N OF NOTARIES --------------------------- ------------ ------------------—-------------------- ----------- ----------------------- ., Affirmed and subscribed to before me this NOTARY 30TH day of APRIL 2013 (c)CountySuite Sheriff,Teleosoft,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BRIAN J. ANDERSON and NO. 13-1935 Civil JANIE ANDERSON, Plaintiffs, c-A vs. CIVIL ACTION -LAW rncu �t JEFFREY MORRET -mac -cam; t//d/b/a MORRET CONSTRUCTION, 6 ' Defendant. JURY TRIAL DEMANDED TO: Jeffrey Morret =C) �rx t/d/b/a Monet Construction V -S> 2 Albert Lane w Dillsburg,PA 17019 DATE: MAY 17,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS OF THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR 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. 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 MOONEY&ASSOCI Jeff-R. Lawr squi Attorney for Plaintiff I.D. # 209725 I CERTIFY THAT A COPY OF THIS NOTICE HAS BEEN SENT BY ORDINARY MAIL ON THE DATE ABOVE GIVEN TO THE ABOVE-NAMED DEFENDANT AND/OR DEFENDANT'S ATTORNEY OF RECORD AS OF THE DATE THEREOF. Jef R. La e e, sq F'tLLD-G it Karl E. Rominger,Esquire ;` T # . fi;'' ` Rominger&Associates 1; ONIGINAL PA Attorney License No. 81924 2913 MAY 24 PM 2: ` � 155 South Hannover Street CUMBERLAND C3E l� cou, Y Carlisle, PA 17013 PENNSYLVANIA (717) 241-6070 Fax (717) 241-6878 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN J. ANDERSON AN, JANIE ANDERSON Plaintiff V. : CIVIL ACTION - LAW JEFFREY MORRET, : NO. 13-1935 T/B/D/A/MORRET CONSTRUCTION Defendant PRAECIPE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant Jeffrey Morrett et.al. OMINGER& ASSOCIATES Date: Kr1E. om inger, Esquire Attorney for Defendant 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 F LED-QWF1Cr OF THE F RCi��§�113i�D Tr^^•„R�� ORIGINAL Karl E. Rominger, Esquire � ,� � Rominger&Associates 20,1 3 MAY 24 PH 2' '41 PA Attorney License No. 8192MBERLAeD ( lN i Y 155 South Hannover Street PENNSYLVANIA Carlisle, PA 17013 (717) 241-6070 Fax (717),241-6878 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN J. ANDERSON AND JANIE ANDERSON Plaintiff V. : CIVIL ACTION - LAW JEFFREY MORRET, : NO. 13-1935 T/B/D/A/MORRET CONSTRUCTION Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de ]as demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se la advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 Bedford Street Carlisle, PA 17013 (71.7) 249-3166 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For more information about accessible facilities and reasonable accommodations available for disabled individuals having business before the Court, please contact the Court of Common Pleas of Cumberland County. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference of hearing. Karl E. Rominger, Esquire Rominger& Associates PA Attorney License No. 81924 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN J. ANDERSON AND JANIE ANDERSON Plaintiff V. : CIVIL ACTION - LAW JEFFREY MORRET, : NO. 13-1935 T/B/D/A/MORRET CONSTRUCTION Defendant ANSWER TO PLAINTIFF COMPLAINT,NEW MATTER AND COUNTER CLAIM 1. ADMITTED 2. ADMITTED 3. ADMITTED 4. ADMITTED 5. ADMITTED 6. (a) DENIED By way of further Answer nowhere in the Proposal is the clause that"all work shall be completed in a professional manner" Strict proof demanded. (b) DENIED'By way of further Answer nowhere in the Proposal is a"warranty for all work" clause. Strict proof demanded. 7. DENIED By way of further Answer, there is no signature from the any Plaintiff on the proposal marked as Exhibit A. There is no date of acceptance on the proposal marked as Exhibit A. 8. ADMITTED 9. DENIED. By way of further answer it is denied that defendant"performed tasks.. sic. in poor, improper, and unworkmanlike manner. Strict proof demanded. (a). DENIED by way of further answer it is denied that defendant failed to adequately protect the interior of the home from rain damage. Strict proof demanded. (b) DENIED By way of further answer it is denied that defendant damaged plaintiff's driveway, vehicles, through any such acts as described therein. Strict proof demanded. (c) DENIED. By way of further answer it is denied that defendant damaged plaintiff's window screen through any such acts as described therein. Strict proof demanded. (d) DENIED. By way of further answer it is denied that defendant used the wrong type of staples during the roof construction. Strick proof is demanded. (e). DENIED. By way of further answer it is denied that defendant damaged plaintiff's "new vinyl windows"by through any such acts as described therein. Strict proof demanded. (f). DENIED. By way of further answer it is denied that defendant incorrectly hung doors. Strict proof is demanded. 10. ADMITTED IN PART/DENIED IN PART. It is admitted that plaintiffs wrote out a check for$4000 payable to the defendant. DENIED that the plaintiff acted in"good faith"toward the defendant despite "difficulties"occurring. It is denied that any such difficulties occurred. Strict proof demanded. 11. ADMITTED By way of further answer it is only admitted that plaintiffs wrote a check payable to the defendant for$1500.00. Strict proof demanded on all other averments. 12. ADMITTED 13. ADMITTED 14. Defendant has insufficient evidence to answer this averment. Strict proof is demanded, and all such averments are hereby denied. 15. . Defendant has insufficient evidence to make a conclusive answer as he was not privilege to the alleged conversation described therein. Therefore, defendant denies such a conversation materialized, and demands strict proof. 16. DENIED IN PART/ADMITTED IN PAR. By way of further answer it is denied that the "project was far from completion" and that-there were "not sufficient materials to complete the job, and no new materials had been ordered". Strict proof demanded. It is admitted that Defendant would be incapacitated for an undetermined period of time. 17.. (a). DENIED. By way of further answer, there is no averment contained that merits a response. Defendant is not able to determine if the back porch was leaking water. Strict proof demanded. (b). DENIED. Strict proof demanded. (c) DENIED. Strict proof demanded. (d) DENIED. Strict proof demanded (e). DENIED. Strict proof demanded (f) DENIED Strict proof demanded. (g) DENIED. Strict proof demanded. r (h) DENIED. Strict proof demanded 18. DENIED. Strict proof demanded 19. DENIED. Strict proof demanded 20. Defendant is unable to determine what a new contractor determined. Any assertions made by any new contractor attributing fault to the Defendant such assertions are denied. Strict proof demanded. 21. DENIED. By way of further answer it is denied that concrete was "poured incorrectly". Defendant is unable to determine what a new contractor determined. Any assertions made by any new contractor attributing fault to the Defendant such assertions are denied. Strict proof demanded. 22. This paragraph contains an alleged statement of fact. Therefore no answer is required. Any assertion that Defendant's actions attributed to this alleged statement of fact are denied. Strict proof is demanded. 23. No answer is required. 24. DENIED. Strict proof demanded. 25. DENIED. Strict proof demanded 26. DENIED. Strict proof demanded 27. DENIED. Strict proof demanded 28. DENIED Strict proof demanded 29. DENIED Strict proof demanded 30. DENIED. Strict proof demanded 31. DENIED. Strict proof demanded 32. No answer required. 33. DENIED. Strict proof demanded 34. DENIED. Strict proof demanded 35. DENIED. Strict proof demanded 36. DENIED. Strict proof demanded. 37. DENIED. Strict Proof demanded. 38. No response needed 39. Paragraph contains a statement of law. No response needed. 40. Paragraph does not contain any averment and therefore does not require a response. 41. DENIED. Strict proof demanded. 42. DENIED. Strict proof demanded. 43. DENIED. Strict proof demanded. 44. DENIED. Strict proof demanded 45. No response needed. 46. DENIED Strict proof demanded. (a). DENIED. Strict proof demanded (b). DENIED. Strict proof demanded. (c). DENIED. Strict proof demanded. (i). DENIED. Strict proof demanded (ii). DENIED. Strict proof demanded. (iii).DENIED. Strict proof demanded. (iv) DENIED. Strict proof demanded. (v). DENIED. Strict proof demanded. 47. DENIED Strict proof demanded (a). DENIED. Strict proof demanded. (b). DENIED. Strict proof demanded (c). DENIED. Strict proof demanded (d). DENIED. Strict proof demanded (e) DENIED. Strict proof demanded 48. DENIED. Strict proof demanded. 49. No response required. 50. DENIED. Strict proof demanded. 51. DENIED. Strict proof demanded. 52. DENIED. Strict proof demanded. 53. DENIED. Strict proof demanded. 54, DENIED. Strict proof demanded. 55. DENIED. Strict proof demanded. NEW MATTER 56. Defendant/B/D/A Morret Construction of which Jeffrey Morret is sole owner contracted with the Plaintiffs, Brian J. Anderson and Janie Anderson for remodeling of Plaintiff's residence located at 31 Wolfs Bridge Road Carlisle, PA 17013. The contract does not imply or express that only Jeffrey Morret personally was to perform all the remodeling. 57. The Contract between T/B/D/A Morret Construction and Brian J. Anderson and Janie Anderson does not neither expressed nor implied preclude Defendant Jeffrey Morret from employing representatives and/or sub-contractors from performing the remodeling work. 58, Prior to Defendant's commencement of the remodeling, the Plaintiff's home was plagued with structural and water retaining issues. 59. The Defendant personally performed all his work on the Defendant's residence in a proper, and competent manner and in accordance with the Contract with the Plaintiffs. 60. Defendant was seriously injured while working on another project. The injury required him to be hospitalized for an extended period. 61. While Defendant was hospitalized a representative from Defendant's company arrived at the Plaintiff's home to continue Defendant's contractual obligation to the project, but he was turned away by the Plaintiff, and told to essentially leave the property, and was not permitted to continue to the work. 62. Defendant's representative was not given any specific reason from Plaintiff for being turned away, and not being permitted to continue to perform the contracted remodeling project. 63. Defendant's representative immediately left the Plaintiff's property as instructed, and also left adequate construction materials and supplies at the Plaintiff s residence. 64. The Defendant was precluded from completing the contractual obligation to Plaintiff due to Defendant's representative not being permitted by Plaintiff to continue the remodeling work during Defendant's recovery from his hospitalization. 65. Defendant's work was personally performed in a competent workmanship manner up to and prior to his injury. At no time prior to Defendant's injury and prior to the hiring of new contractors did Plaintiff s make a claim of negligence against the Defendant. Defendant's claim of negligence only materialized after they hired new contractors. 66. In conjunction with Defendant's representation of his experience, expertise and quality of work, all such representations were properly and accurately presented to the Plaintiffs. COUNTER CLAIM BREACH OF CONTRACT 67. All previous paragraphs are incorporated by reference. 68. Defendant did not breach any Contract with the Plaintiffs, and Defendant's work was performed in a competent, knowledgeable manner with professional expertise and high quality. 69. In conjunction with the Plaintiffs lack of complaints about the Defendant's workmanship prior to this tragic injury, Plaintiff contracted with Defendant to perfonn remodeling that was beyond the original contractual obligation, and at an additional charge. 70. Prior to his injury, the Defendant performed the extra remodeling to the Plaintiffs' home that continues to be intact to date. Plaintiff contracted to pay the extra costs incurred by the Defendant for the extra remodeling work. 71. Only after Defendant's injury, and the Plaintiffs' subsequent hiring of new contractors, did the Plaintiff(s)become disgruntled with Defendant and breached the contractual obligation to pay for the additional remodeling work perfonned by Defendant. 72. Plaintiffs never paid Defendant for the additional remodeling work of which they requested and contracted with Defendant to perform thus causing Defendant to sustain an aggregated loss of $2100. See attached contract marked as Exhibit A. 73. Plaintiffs breached the contract with Defendant by not permitting Defendant's representative to continue and complete the remodeling project while Jeffrey Morret was incapacitated. WHEREFORE DEFENDANT requests the Honorable Court to enter a Judgment against the Plaintiff for$2100 plus costs and interest as provided by law. Respectfully Submitted, ROMINGER& ASSOCIATES Date: 1.� arl E. Rominger, Esquire Attorney for Defendant 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 Karl E. Rominger, Esquire. Rominger&Associates PA Attorney License No. 81924 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN J. ANDERSON AN, JANIE ANDERSON Plaintiff V. : CIVIL ACTION - LAW JEFFREY MORRET, : NO. 13-1935 T/B/D/A/MORRET CONSTRUCTION Defendant VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document, and the Plaintiff was unavailable to sign the verification within the time allowed for filing the pleading; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Respectfully Submitted, =Rominger, CIATES Datey �l� re Attorney for Defendant 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 Karl E. Rominger, Esquire Rominger &Associates PA Attorney License No. 81924 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN J. ANDERSON AN, JANIE ANDERSON Plaintiff V. : CIVIL ACTION - LAW JEFFREY MORRET, : NO. 13-1935 T/B/D/A/MORRET CONSTRUCTION Defendant CERTIFICATE OF SERVICE I do hereby certify that on this date, I caused the foregoing Answer New Matter and Counter Claim with the Office of the Prothonotary for Cumberland County, Pennsylvania to be served by mailing a copy to the Plaintiff's attorney via U. S. Mail, addressed as follows: Jeff R. Lawrence, Esquire Mooney&Associates 2 South Hanover Street Carlisle, PA 17013 ROMINGER & ASSOCIATES Date: 2 ' arl E. Rominger, Esquire Attorney for Defendant 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 i PROPOSAL Page# of pages !`t a Proposal S tted To: Job Name Jt1 TT Address Job Location J l tea• �. �! "mac p . Date D Phone# Fax# Architect 4 We hereby submit s�pregcifications and estimates for: OV mw n t f:: $.1 C+ ._ S`t t,t.C+ to-, . i 46,..I'll*. We propose hereby to furnish material and labor—complete in accordance with the above specifications for the sum of: Dollars with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs will Respectfullykumitted: be executed only upon written order,and will become an extra charge ove -died--�. Lbeyondur bove the estimate. All agreements contingent upon strikes,accidents,or dys control,.,. --_ r"o t is proposal may be withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments Signature will be made as outlined above. Date of Acceptance: – 31 ' I Signature 3 A-NC3819/T-3850 -'S Ki 4,K00 w'IRE in ti .��ram ���•��.�.`� 1-� � (�t��.d� �'��.�� `�� �t� c,�. �tr,.� Al w� OKw TA C-A u V1cm il�Lx— SE - -- ----- -- - -,--��� �_.._�'�G� _ cam. ��---► ►2�.._. aw ��.o..tvvc. _ . C rZ l'�vz42�s s-�� 6Zi� C� C - - i c7-0,FF c;c k.i IL. i i t Vi;..IiU i.i1f\•{ 2313 JUN 12 Pfd 3: lg CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN J. ANDERSON and NO. 13-1935 Civil JANIE ANDERSON, Plaintiff, vs. CIVIL ACTION-LAW JEFFREY MORRET t/d/b/a MORRET CONSTRUCTION, Defendant, REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM AND NOW, comes the Plaintiffs, Brian J. Anderson and Janie Anderson, by and through their attorneys, Mooney & Associates, by Jeff R. Lawrence, Esquire, and files the within Reply to New Matter and Answer to Counterclaim, wherein the following is a statement, to wit: REPLY TO NEW MATTER 56. It is admitted Plaintiffs and Defendant contracted for remodeling of Plaintiffs' residence. It is denied the contract does not imply or express that only Jeffrey Morret personally was to perform all the remodeling; the contract is a writing which speaks for itself. Therefore, no response is required. If a response is required, this portion of the averment is denied as stated. 57. The contract is a writing which speaks for itself. Therefore, no response is required. If a response is required, this averment is denied as stated. 58. Denied. Plaintiffs' home was not "plagued with structural and water retaining issues." Strict proof is demanded at trial. 59. Denied. Defendant did not perform work in a proper and competent manner. Plaintiffs incorporate by reference IT 7 and 19 of Plaintiffs' Complaint. 60. Admitted, 61. Denied. It is specifically denied Plaintiffs "turned away" any representative of Defendant. By way of further answer, after Defendant's injury only one person showed up to continue work on the project. That person was very young, perhaps 18 years old. It is believed his name was Tyler. After doing some work to the siding Tyler left of his own accord, stating he did not want to "mess anything up." 62. Denied. Plaintiffs incorporate their response to¶61. 63. Denied. Plaintiffs incorporate their response to 61. 64. Denied. It is specifically denied Defendant was precluded from completing his contractual obligation. Strict proof is demanded at trial. 65. Denied. It is specifically denied Defendant p erformed his work in a competent manner. 66. Denied. It is specifically denied Defendant accurately represented his experience, expertise, and quality of work. Strict proof is demanded at trial, ANSWER TO COUNTERCLAIM 67. No response required. 68. Specifically denied. This statement constitutes a conclusion of law to which no response is required. To the extent a response may be required, this averment is denied. Strict proof is demanded at trial. 69. Denied. It is specifically denied there was a "lack of complaints about the Defendant's workmanship." Strict proof is demanded at trial. It is further specifically denied Plaintiff contracted with Defendant to perform remodeling which was "beyond the original contractual obligation, and at an additional charge." By way of further answer, the original contractual obligation contained a provision whereby "[a]ny alteration or deviation from above specification involving extra costs will be executed only upon written order Absent evidence of an Additional written order it must be presumed there was no execution of an alteration or deviation from the original specifications. 70. Denied. Plaintiffs incorporate their response to T 69. 71. Denied. It is specifically denied it was only after Defendant's injury and Plaintiffs' subsequent hiring of new contractors that Plaintiffs became "disgruntled." By way of further answer, Plaintiffs incorporate their response to 69. 72. 'Denied. It is specifically denied Plaintiffs caused damage of$2,100 to Defendant by not paying for additional work contracted and received. By way of further answer, Plaintiffs incorporate their response to¶ 69. 73. Denied. It is specifically denied Plaintiffs did not permit Defendant's representative to continue work on the project after Defendant's injury. By way of further answer, Plaintiffs incorporate their response to T 61. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss Defendant's Counterclaim with prejudice. Respectfully submitted, MOONEY& ASSOCIATES By: Jeff qawren Att intiffs I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717)243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN J. ANDERSON and NO. 13-1935 Civil JANIE ANDERSON, Plaintiff, vs. CIVIL ACTION- LAW JEFFREY MORRET t//d/b/a MORRET CONSTRUCTION, Defendant. CERTIFICATE OF SERVICE I, Jeff R. Lawrence, Esquire, attorney for the above Plaintiffs, hereby certify that on this 12- day of June , 2013, I have forwarded a copy of the Reply to New Matter and Answer to Counterclaim, in the above-captioned action to the following individual by regular U.S. Mail as set forth below: Karl E. Rominger, Esquire Rominger &Associates 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, MOONEY & ASSOCIATES B Jeff C. ren.6-,E�q tireAtt r Plaintiffs I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN J.ANDERSON and JANIE ANDERSON Plaintiff NO. 13-1935 CIVIL TERM VS C) • JEFFREY MORRET t/d/b/a MORRET CONSTRUCTION Defendant ..Y (---) RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in _ following form: 1›.�r `' THE PETITION FOR APPOINTMENT OF ARBITRATORS b C • TO THE HONORABLE, THE JUDGES OF SAID COURT: Shawn M. Stottlemyer, Esquire , counsel for the plaintiff/defendant 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 $ 25,455.10 The counterclaim of the defendant in the action is $2,100.00 The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Karl E. Rominger, Esquire and Jeff R. Lawrence, Esquire WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. / ;e' co, A Respectfully submitted, to .� C. ?A-2 99y794( ORDER OF COURT AND NOW, 20 , in consideration of the foregoing petition, Esq.,and Esq., and Esq., are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Court, KEVIN A. HESS, P.J. 113 DEC 16 PH is 5,) UI $ hLAND IN THE COURT OF COMMON PLEAS OF eataV V HACOUNTY, PENNSYLVANIA BRIAN J. ANDERSON and NO. 13-1935 Civil JANIE ANDERSON, Plaintiff, vs. CIVIL ACTION-LAW JEFFREY MORRET t/d/b/a MORRET CONSTRUCTION, Defendant. CERTIFICATE OF SERVICE I, Shawn M. Stottlemyer, Esquire, attorney for the above Plaintiffs, hereby certify that on this 16th day of December, 2013, I have forwarded a copy of the Petition for Appointment of Arbitrators, in the above-captioned action to the following individual(s)by regular U.S. Mail as forth below: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, MOONEY & ASSOCIATES _ By: .'/G� Shawn M. Stott emyer, Esquire Attorney for Petitioners I.D. # 312794 2 South Hanover Street Carlsile, PA 17013 717-243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN J.ANDERSON and JANIE ANDERSON Plaintiff • . NO. 13-1935 CIVIL TERM VS C) •JEFFREY MORRET Ud/b/a MORRET CONSTRUCTION p i • ./(J} Defendant r- RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially iiqs following form: A c- THE PETITION FOR APPOINTMENT OF ARBITRATORS • L. TO THE HONORABLE, THE JUDGES OF SAID COURT: Shawn M. Stottlemyer, Esquire , counsel for the plaintiff/defendant 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 $ 25,455.10 The counterclaim of the defendant in the action is $2,100•00 The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Karl E. Rominger, Esquire and Jeff R. Lawrence, Esquire WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. 4'-;Q. S-0149 /1/./j Respectfully submitted, A 6 /0 y ' /if ORDER OF COURT AND NOW, a /%_-_, 20/3 , in consideration of the foregoing petition, rac..� / 1 i 4,_, _�L/� Esq.,and ):,/, .� ...+_: '. , Esq., and , / .r��'/;,.4_� Esq., are appointed arbitrators in the above captioned action(or actions)as prayed for. d 10Ac� By the Court, t 1`t(Ca 6./ it /S I { '( 1? /��I'�� i x • I 6 ;j3Q t 1 KEVIN A. HE , P.J. sf CCpk '' Ata, /I ; � �.z t BRIAN J. ANDERSON and JANIE ANDERSON, Plaintiffs vs. JEFFREY MORRET t/d/b /a MORRET CONSTRUCTION, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 13 -1935 CIVIL ORDER AND NOW, this (` day of March, 2014, the appointment of Aviv S. Bliwas, Esquire, as a member of the Board of Arbitrators in the above - captioned case is VACATED. Jessica Fisher, Esquire, is appointed in her place. BY THE COURT, Kev. A. Hess, P. J. Lisa M. Coyne, Esquire eap x rah.' Chairman ILL Court Administrator ' :rim 2/101/4( • .rfl rr, C.) C 7.3' t BRIAN J. ANDERSON and JANIE ANDERSON, In the Court of Common Pleas of Cumberland Plaintiff JEFFREY MORRET t/d/b /a MORRET CONSTRUCTION, County, Pennsylvania No. 13 - 1935 Defendant" Civil Action — Law. ,_ Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and dot= wi `° arge the duties of our office with fidelity. CS 4.11\10\g—, Signature Si _ *ature SA MARIE COYNE, ESQUIRE CHRISTOPHER S. LUCAS, ESQUIRE JESSICA FISHER GREENE, ESQUIRE Name (Chairman) Name Name COYNE & COYNE, P.C. KEYSTONE ELDER LAW, P.C. Law Firm Law Firm 3901 MARKET STREET 2917 GLENWOOD ROAD Address Law Firm 555 GETTYSBURG PIKE, STE. C -100 Address Address CAMP HILL, 17011 CAMP HILL, 17011 MECHANICSBURG„ 17055 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) F u N D t N -PP.rcy- c5� T a 0,n0L-r - 0. �1 0. "- S' [� v �'`^� 1 •d- O 3� -71©. 6Z Pius VA- 1 S + ` -t &)-* 2, 2 6 2 to 4 v s v.srt' -e && c.LL_..,. CL t v -o-te �11 ' a t'� +, s e w p {) `4 r�pl a ►1-r s (a K %ew-c. i-a iw� .4,Fbitcater-r€149aefosInsert name if applicable.) Date of Hearing: APRIL 24, 2014 Date of Award: Z_L 2.c A Now, the c 1 day of Notice of Entry of Award , 20 /V , at //:3y- , 4 .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ V /la • S Prothonotary Deputy FILED-OFFICE OF THE PROTHONOTARI 20111 APR 25 Ail FI CUMBERLAND COUNTY PENNSYLVANIA i'Aelao fl m. ,SV-41V-i/emyer / g eoni. Te-C6-ey Macre/ - eenf-X-z.ce4/1 Shawn M. Stottlemyer, Esquire Attorney ID 312794 Mooney & Associates 2 South Hanover Street Carlisle, PA 17013 TEL: 717-243-4770 FAX: 717-632-3612 sms(amooney4law.com Attorney for Petitioner/Defendant I. T } L ` - i i -i0 IAP 2D1[1 JUN -9 PM 3: 17 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brian J. Anderson and Janie Anderson, NO. 13-1935 Plaintiffs. vs. Jeffrey Morret t/d/b/a Morret Construction, Defendant. CIVIL ACTION -LAW PRAECIPE TO REDUCE ARBITRATION AWARD TO JUDGMENT TO THE PROTHONOTARY: Please reduce the Arbitration Award dated April 25, 2014, in the above - captioned action to judgment, and enter judgment against the Defendant, Jeffrey Morrett t/d/b/a/ Morret Construction in the amount of $37,710.62 plus interest in the amount of $2,262.64 plus costs. Date: 7-/41 Respectfully submitted, MOONEY & ASSOCIAI ES By: AA. Shawn M. Stottlemyer, Esquire Attorney for Plaintiff I.D. # 312794 2 South Hanover, Street Carlisle, PA, 17013 (717) 243-4770 BRIAN J. ANDERSON and JANIE ANDERSON, In the Court of Common Pleas of Cumberland County, Pennsylvania No. 13 _1935 Civil Action — Law. Plaintiff JEFFREY MORRET t/d/b/a MORRET CONSTRUCTION, Defendant Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth a�arge the duties of our office with fidelity. /ii... "PI ISA MARIE COYNE, ESQUIRE CHRISTOPHER S. LUCAS, ESQUIRE JESSICA FISHER GREENE, ESQUIRE ature Signature k -CD& (1. 47iR4 Q1Ng-_- Signature Name (Chairman) COYNE & COYNE, P.C. Law Firm Name Law Firm 3901 MARKET STREET 2917 GLENWOOD ROAD Address CAMP HILL, 17011 Name KEYSTONE ELDER LAW, P.C. Law Firm 555 GETTYSBURG PIKE, STE. C-100 Address Address CAMP HILL, 17011 MECHANICSBURG„ 17055 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following r-� award: (Note: If damages/nfor delay are awarded, theyshallbe separately stated.)_ N t t N Fc ri,v I e - c v� I�i `6-rS °"'""s4--- 1.�y,, � 4 tn.A)it- 1 v 42,262•lo4 rivs r ( ^j 49 J ryV I lai-44r l is ca,. &lick Cvo:,- -c..LaCwti.. Arbitrator, disaents-{Insert name if applicable.) Date of Hearing: APRIL 24, 2014 Date of Award: (i Now, the day of Notice of Entry of Award , 20 /V , at //:341 , 4 .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrator compensatibn�¢rbe paid upon appeal: $ �%� •.SV Prothonotary TRUE COPY FROM RECORD In Testimony whereof, i here unto set my hand and the seal of said Court at C rlisle, Pa. This day of , 20 / '�5�i�/ ` roiry Deputy DAVID D. BUELL PROTHONOTARY Jeffrey Morret 2 Albert Lane Dillsburg, PA 17019 OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY TELEPHONE (717) 240-6195 CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 No. 13-1935 RE: Brian J. Anderson and Janie Anderson, Plaintiffs v. Jeffrey Monet, Defendant Notice is given that judgment in the above captioned matter has been entered against you on added. , 2014 in the amount of $37,710.62 plus interests and costs to be David D. -11 Prothonota By: Clerk or P eputy If you have any questions concerning the above case, please contact: Shawn M. Stottlemyer, Esquire Attorney for Plaintiff 2 South Hanover Street Carlisle, PA 17013 (717) 243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA rn CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ❑ Confessed Judgment ❑✓ Other File No. 13-1935 Brian J. Anderson and Janie Anderson Plaintiff . vs. Jeffrey Morret dba Morret Construction Defendant Interest $2,262.64 Atty's Comm Costs Amount Due $37,710.62 Address: 2 Albert Lane Dillsburg, PA 17019 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of York County County, for debt, interest and costs, upon the following described property of the defendant (s) Business & Personal Property PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of York County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Signature: Print Name: Address: Date -%%- / IW75 brie �o s- cs Attorney for: Telephone: pendens a *nst real • estate of the Shawn M. Stottlemyer, Esquire 2 South Hanover St. Carlisle, PA 17013 Plaintiff 717-243-4770 Supreme Court ID No: 312794 7/_r? 2#3o7s 9e Wfi/ �'F �.Y �ssu e o� THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net Brian J. Anderson and Janie Anderson Vs. NO 13-1935 Civil Term CIVIL ACTION — LAW Jeffrey Morrett d/b/a Morret Construction 2 Albert Lane Dillsburg, PA 17019 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF YORK COUNTY: To satisfy the judgment, interest and costs against Jeffrey Morrett d/b/a Morret Construction Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; Business & Personal Property. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $37,710.62 Plaintiff Paid Interest $2,262.64 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Other Costs Attorney Paid $214.25 Date: 6/17/2014 REQUESTING PARTY.: Name : Shawn M. Stottlemyer, Esquire Address: 2 South Hanover Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: 717-243-4770 Supreme Court ID No. 312794' .R.JL David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Richard P Keuerleber Sheriff Michael S. Hose Chief Deputy, Operations SHERIFF'S OFFICE OF YORK COUNTY BRIAN J. ANDERSON, JANIE ANDERSON vs. JEFFREY MORRETT D/B/A MORRET CONSTRUCTION PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration Case Number 2014 -SU -2445-41 SHERIFF'S RETURN OF SERVICE 09/16/2014 WRIT EXPIRED. DEFENDANT NOT FOUND IN YORK COUNTY. SHERIFF COST: $47.57 September 22, 2014 NOTARY Affirmed and subscribed to before me this 22ND day of SEPTEMBER 2014 (c) CourhySuil.e Sheriff, Tel ft, Inc. SO ANSWERS, q 3 s RICHARD P --,---1.— ERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E. Cook, Notary Public City of York, York County My Commission Expires Feb. 1, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Brian J. Anderson and Janie Anderson Vs. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY c_ One Courthouse Square • Suite100 • Carlisle, PA • 1763 (717) 240-6195 — www.ccpa.net vot -o Jeffrey Morrett d/b/a Morret Construction 2 Albert Lane Dillsburg, PA 17019 WRIT OF EXECUTION (Pa R.C.P. 3252) ••••• S. cn • 7a NO 13-1935 Civil Term CIVIL ACTION - LAW Tuesday, July 15, 2014 2:00 PM 2014 -SU -002445-41 TO THE SHERIFF OF YORK COUNTY: To satisfy the judgment, interest and costs against Jeffrey Morrett d/b/a Morret Construction Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; Business & Personal Property. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the accoun defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; -r. clA e (c) the attachment shall not include s..r, • (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing allj? s=7,. funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit) are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. • The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $37,710.62 Interest $2,262.64 Attorney's Comm. Attorney Paid $214.25 Date: 6/17/2014 REQUESTING PARTY: Name : Shawn M. Stottlemyer, Esquire Address: 2 South Hanover Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: 717-243-4770 Supreme Court ID No. 312794 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary &s, _O. (7We e MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law Deputy .;1?: COPY FROM RECORD :iSii?l0!l j( w hereof, i here unto set my hand .indi the seal of said Court at Carlisle, Pa. This i 714 day of "t' , 20 j A,•e Prothonotary y �°�t'dc Jn�f y / J 2