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Home My WebLink About04-5955 Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KENNETH R. BROWN, JR., and DINA BROWN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. C4 -Stt S.s C,~ u ~l'T<if4r) 1026 Dogwood Lane, Enola, PA 17025 CIVIL ACTION - LAW v. JURY TRIAL DEMANDED GREENLlN, INC., a Pennsylvania business corporation, 193 Cedar Avenue, Middletown, PA 17057 Defendant NOTICE TO DEFEND To the Defendant: 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: 1-800-990-9108 Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy 1.0. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED KENNETH R. BROWN, JR., and DINA BROWN, husband and wife, 1026 Dogwood Lane, Enola, PA 17025 v. GREENLlN, INC., a Pennsylvania corporation, 193 Cedar Avenue, Middletown, PA 17057 Defendant A visa USTEO HA SIOO OEMANOAOO/A EN CORTE. Si usted desea defenderse de las demand as que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de 105 pr6ximos veinte (20) dias despues de la notificaci6n de esta Oemanda y Aviso radicando personalmente 0 par media de un abogado una comparecencia escrita y radicando en la Corte par escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Sa Ie advierte de que si usted falla de tamar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo par cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya par la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTEO OEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJa CaSTO A PERSONAS QUE CUALlFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: 1-800-990-9108 Johnson. Duffie, Stewart & Weidner By: Michael J. Cassidy I.D.No.82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com Attorneys for Plaintiffs KENNETH R. BROWN, Jr., and DINA BROWN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. ()4 -.e;q r;s G~t'L'--r ~ 1026 Dogwood Lane, Enola, PA 17025 CIVIL ACTION - LAW v. JURY TRIAL DEMANDED GREENLlN, Inc., a Pennsylvania business corporation, 193 Cedar Avenue, Middletown, PA 17057 Defendant COMPLAINT AND NOW, come Plaintiffs Kenneth R. Brown, Jr. and Dina Brown, by and through their undersigned attorneys, and file this Complaint against Defendant Greenlin, Inc., and in support thereof aver as follows: 1. Kenneth R. Brown, Jr., and Dina Brown, husband and wife, are owners of residential property located at 1026 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025 (hereinafter said residential real estate referred to as "Property"). 2. Defendant Greenlin, Inc., is a Pennsylvania business corporation with a registered place of business located at 193 Cedar Avenue, Middletown, Dauphin County, Pennsylvania 17057. 3. By agreement dated June 15, 2003, and accepted by Defendant on August 21, 2003 (hereinafter "Agreement"), Plaintiffs entered into an agreement with Defendant whereby Defendant agreed to deliver and install a six-foot high white solid privacy PVC fence for the total price of $7,800.00. A copy of said agreement is attached hereto, incorporated herein by reference, and marked as Exhibit A. COUNT I BREACH OF CONTRACT 4. Paragraphs 1 through 3 are incorporated herein by reference. 5. Defendant delivered but failed to properly install the six-foot high white solid privacy PVC fence in accordance with the manufacturer's specifications. 6. Defendant failed to perform installation of the fence in a good and workmanlike manner, which constitutes a breach of the Agreement. 7. Defendant's failure to perform the Agreement in a good and workmanlike manner has resulted in the fence being extremely unstable and unsuitable for its intended use. 8. As a result of Defendant's failure to perform the Agreement in a good and workmanlike manner, Plaintiffs are required to retain the services of another contractor to correct the problems created by Defendant's faulty installation and to reinstall the fence in accordance with manufacturer's specifications. 9. It will cost Plaintiffs in excess of $4,850.00 to repair Defendant's deficient installation of the fence. 10. Plaintiffs have suffered damages in excess of $4,850.00 as a result of Defendant's deficient installation of the fence. WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $4,850.00, together with interest, costs, and attorney fees, as this Court may deem appropriate. COUNT II BREACH OF WARRANTY 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. The Agreement provides that Defendant warrants labor for one (1) year. 13. Defendant accepted the terms of the Agreement by signature on August 21, 2003. 14. Defendant completed installation of the fence, albeit a faulty installation, on or about October 2, 2003. 15. Plaintiffs complained to Defendant on numerous occasions subsequent to October 2,2003, that they were experiencing problems with the fence, including the deficiencies claimed herein as a result of the deficient installation prior to the expiration of the one (1) year warranty period, thereby placing Defendant on notice of defects during the warranty period. 16. Defendant has failed to correct the problems resulting from the deficient installation of the fence in accordance with the terms of the warranty contained in the Agreement. 17. As a result of Defendant's failure to satisfy the warranty contained in the Agreement, Plaintiffs have suffered damages in excess of $4,850.00. WHEREFORE, Plaintiffs demands judgment against the Defendant in the amount of $4,850.00, together with interest, costs, and attorney fees, as this Court may deem appropriate. COUNT III VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P .5. ~201.1 et seq. 18. Paragraphs 1 through 17 are incorporated herein by reference. 19. Defendant has violated the Unfair Trade Practices and Consumer Protection Law ("UTPCPL") by failing to comply with the terms of the written warranty given to Plaintiffs at the time the contract for the purchase of goods and services was made. See, 73 P.S. ~201- 2(4 )(xiv). 20. Defendant has violated the UTPCPL by making improvement to real property of a nature and quality inferior to the standard of that agreed to in writing. See, 73 P.S. ~201- 2(4)(xvi). 21. As a result of Defendant's aforementioned violations of the UTPCPL, Plaintiffs have suffered actual damages in excess of $4,850.00. 22. Under the UTPCPL, Plaintiffs are entitled to an award equal to three (3) times the actual damages sustained, plus costs and attorney fees. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $14,550.00, together with interest, costs, and attorney fees, as this Court may deem appropriate. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: . C' ~ (- ,]. ) ""- Michael . Cassidy DATE: 1/ /21- /O'f csj:239079 13816-2 EXHIBIT" A" G r J reenAln o(r 'l~ m...... ~ )/ ~,i UJ ~ 9 '-1 (" .-1 C' j ....jt"Uar .:"It "iliddJetown.. Pa. 1 i057 944~21 03 Proposal submitted to: Ken Brown We propose to deliver and install 254 ft. of 6 ft. high white solid Privacy PVC fence with 1-3 ft. wide walk gate and 1-8 ft. double drive gate. Style: White solid privacy 1-3 ft. wide Gate 1-8 ft. double drive gate -Posts in cement -Gate post w/aluminum insert -Gate hardware black ornamental -Two way gate latch's -drop bar for double drive gate Total price Less deposit Balance due upon completion $7,800.00 ($3,900.00) $3,900.00 -Customer responsible for establishing property lines - Customer responsible for obtaining a building permit if needed -Greenlin will notify PAONE CALL prior to digging to mark utilities -20 year manufactures warrantee on materials -Labor is warranted for year De.- //V#'~ Aut~rized signature by Greenlin f:" e 3/ Acceptance of pro sa) by customer g{ r-J/ '-:-6 Date of acceptance ~~21'O:J Date of acceptance VERIFICA TION The undersigned confirm that the facts set forth in the foregoing Complaint are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsifications to authorities. Date: i\\ \4Ici~ BY: Ii (2 Date: /(~ y' ~ ~ € ~ 'i ~ r--.,) 0 ~ (") = '- r" ~,';:' ..,., x:~ ... ~ ....... w ...., z c:) ~ " a rnj2] ~ -c =B8 ....... L 1''' d> ~ ''"'- 1 \..0 S(:;? - , - ~~~ ;:".; -., ~J~~ '. ., =,:' :e '.:, (-"'; om ).:, ,~::::: - ~ ~:: .. ).~ =2 .r::-- .~ \:l:- N Holly Feeney Morris, Esq. LD. No. 78263 398 South Geyers Church Road Middletown, P A 17057 (717)944-1107 Attorney for Defendant KENNETH R. BROWN, JR AND : IN THE COURT OF COMMON PLEAS DINA BROWN : CUMBERLAND COUNTY, PENNSYLVANIA 1026 Dogwood Ln., Enola Pa 17025 : Plaintiffs v. NO. 04-5955 CNIL TERM GREENLIN (Doug Gellatly) 193 Cedar Ave. Middletown, P A 17057 Defendant CNIL ACTION - LAW ANSWER AND NOW, comes Defendant, Greenlin, by and through his attorney, Holly Feeney Morris, Esq., and file this Answer to the Complain of Plaintiffs, Kenneth and Dina Brown, and in support thereof, the following is averred: 1. Admitted. 2. Denied, Greenlin is a sole proprietorship, Doug Gellatly doing business as Greenlin, at 193 Cedar Avenue, Middletown, Dauphin County Pennsylvania 17057. 3. Admitted. COUNTl BREACH OF CONTRACT 4. Paragraphs 1 through 3 are incorporated by referl;:nce. 5. Denied and strict proof demanded. 6. Denied and strict proof demanded. 7. Denied and strict proof demanded. 8. Denied and strict proof demanded. 9. The costs of any work paid for by Plaintiff is unknown, but deficient fence installation is denied. 10. Denied and strict proof demanded. WHEREFORE, Defendant having answered every allegation demands dismissal with all costs paid for by Plaintiff. COUNT 2 BREACH OF W ARRAl'.TY 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. Admitted. 13. Admitted. 14. Denied. 15. Denied and strict proof demanded. 16. Denied and strict proof demanded. 17. Denied and strict proof demanded. WHEREFORE, Defendant having answered every allegation demands dismissal with all costs paid for by Plaintiff. COUNT 3 VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. & 201-1 et seQ. 18. Paragraphs 1 through 17 are incorporated herein by reference. 19. Denied and strict proof demanded. 20. Denied and strict proof demanded. 21. Denied and strict proof demanded. 22. Denied and strict proof demanded. 23. Defendant attempted to contact Plaintiffs' original attorney by letter to discuss Plaintiffs' issues. This letter was ignored. A copy of said letter is attached hereto, incorporated by reference, and marked Exhibit A. WHEREFORE, Defendant having answered every allegation demands dismissal with all costs paid for by Plaintiff. Respectfully submitted, i:. EXHIBIT "A" _ HOLLY FEENEY MORRIS ATIORNEY AT LAW 398 South Geyers Church Road Middletown, PA 17057 (717) 944-1107 Rupp and Meikle P.O. Box 395 Camp Hill, PA 17001-0395 Re: Mr. Kenneth R. Brown, Jr. Dear Mr. Rupp: I represent Greenlin and Mr. Doug Gellatly, in his capacity as owner of Greenlin. We understand the problems with the Brown fence. Mr. Gellatly has stated that he warned Mrs. Brown about the instability of the fill that would be holding the fence posts. He cautioned her that settling of the fill was inevitable. Mrs. Brown stated that she understood. Mr. Gellatly will straighten the posts, however, Mrs. Brown stated that she must be present while the work occurred. Work crews have stopped by on several occasions, but Mrs. Brown was not home. Mr. Gellatly requests that a list of several acceptable times be provided, in writing, and he will advise: Mrs. Brown at which time his work crew will fix the posts. Mr. Gellatly very much wishes to correct the current problem. Also, please be advised that the labor warranty will expire on or about August 17, 2004. Any further settling that occurs after this date will not be Greenlin's responsibility. Please feel free to contact me at any time about this issue. Sincerely, cc.: Greenlin file ln~ Morris 11 II.[ \~\ \ I verify that the statement made in this answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. sec 4904, relating to unsworn falsification to authorities. Dated: i - t.f - t!J \ ~(UA~ ~ DOUCr GELLATLY 0 ,....., ~ C.? r- c.? ~"."; cf' .-\ '\: <- -,- . -i~ '. :P"" fl; -n ~ 'r .--- -orn /:" I :;J't (/ Cf' ?3 t~=/. -0 i;:; ES :1: (--' - (~ rf\ ~." f',) ..:-\ ::4 W :~2. " CO Johnson. Duffie, Stewart & Weidner By: Michael J. Cassidy I.D.No.82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com Attomeys for Plaintiffs KENNETH R. BROWN, JR., and DINA BROWN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5955 GREENLlN, INC., a Pennsylvania business corporation, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant PETITION FOR APPOINTMENT OF ARBITRA TORS TO THE JUDGES OF SAID COURT: that: Michael J. Cassidy, counsel for the Plaintiffs in the above action, respectfully represents 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is unliquidated but stipulated to be under arbitration limits. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Michael J. Cassidy, Esquire for Plaintiffs and Holly Feeney Morris, Esquire for Defendant. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By : LMi~hael :1~~idY--:'--- Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this ?;). day of 'j ) ;" )1, 2005, the undersigned does hereby certify that I she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Holly Feeney Morris, Esq. 398 S. Geyers Church Road Middletown, PA 17057 JOHNSON, DUFFIE, STEWART & WEIDNER By: I .. I.' /" ~, , ' 1Cc;'rIe:~ s. Jen;~n ".:7h";'" f-') C) C~ (.:;'> ~i'1 ,:.Jl ~ -'Y':'" ~ (::) ~ '';.0 'i ~ \ dO \) _':,"".1 --- -,.,' ~p' - ---t: C ~ \.:.~ r:? - ~ ~ /-' C'f .--\ lr) .'" _1 L( --G ~ ~ Johnson. Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. o. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com Attorneys for Plaintiffs KENNETH R. BROWN, JR., and DINA BROWN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5955 CIVIL ACTION - LAW JURY TRIAL DEMANDED GREENLlN, INC., a Pennsylvania business corporation, Defendant ORDER OF COURT (~' 'f<.. ~ ; AND NOW, this.-:I..- day of )J( IU"LG/ 2005, in consideration of the fore oing petition, the following are appointed arbitrators in the above-captioned action: -~ ' ,!4 (~ {kMj ~ xi,,}7./ -6 .M() h.L/1< . /? By~'CO~ f-J. csj:246024 13816-2 ~ ~~ 3/.,./",> ,10 ~,J~ IYJ~'/ ~ 7Y)id~ L~. t ~ / DD:B OJ I \":') e0,17 _ c' ~ r .J 0')V ,~ 'L_ -" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05955 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWN KENNETH R JR ET AL VS GREENLIN INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GREENLIN INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 29th, 2004 , this office was In receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 18.00 9.00 10.00 30.00 .00 67.00 12/29/2004 JOHNSON DUFFIE S / ~ o a~swers..:; . ?:;p3ff~>~~ R. ~~~~--..~.~- Sheriff of Cumberland County ~ STEWART WEIDNER Sworn and subscribed to before me ~ this '1 - ,;)iJV{ /7 day OfC~ I A.D. ~r_,\ (~"'~p[dta;,:f,:~"r'y~ . In The Court of Common Pleas of Cumberland County, Pennsylvania Kenneth R. Brown Jr et al V8. Greenlin Ine No. 04-5955 civil Now, November 30, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of . Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ........,~/ /,,;, ~~~. . ~,.V%/~ ::,- ..;...;>"'~~ee";<' ~~ G "",,:. ~""- ...~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 20_ COSTS SERVICE MILEAGE AFFIDA V1T $ $ ~ffice of tq~ ~4priff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy MichaelW.FUnehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania BROWN KENNETH R JR vs County of Dauphin GREENLIN INC Sheriff's Return No.7054-T - -2004 OTHER COUNTY NO. 04 5955 AND NOW:December 21, 2004 at 12:00PM served the within NOTICE & COMPLAINT upon GREENLIN INC by personally handing to DOUG GELLATLY-OWNER 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 193 CEDAR STREET MIDDLETOWN, PA 17057-0000 ~ By So Answers, JR#- Sheriff of ~ C~ :~) "> -, ~._-~~~:#~/ ~./'? _ J"><?'f~1'. .!5 ft",P ~,,{t. ,:~ ,.,.,.. _.-..- '"/ '" ~V"'?""""''';'> ~,.W .& Depllty Sheriff Sheriff's Costs:$30.00 PD 12/06/2004 RCPT NO 202015 Sworn and subscribed to before me this 22ND day of DECEMBER, 2004 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 ET Johnson. Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com Attomeys for Plaintiffs KENNETH R. BROWN, JR., and DINA BROWN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5955 GREENLlN, INC., a Pennsylvania business corporation, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant MOTION FOR CONTINUANCE OF ARBITRA TION HEARING AND NOW, comes Plaintiff Kenneth R. Brown, Jr. and Dina Brown, by and through their undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Motion for Continuance of Arbitration Hearing and in support thereof state as follows: 1. Plaintiffs' Complaint brings claims against Defendant under theories of breach of contract, breach of warranty, and violation of the Unfair Trade Practices and Consumer Protection Law stemming from Defendant's installation of a fence on Plaintiffs' property. 2. Plaintiffs filed a Petition dated March 3. 2005 requesting the appointment of arbitrators to hear this matter. 3. By Order of Court dated March 9, 2005, Frances DelDuca, Esquire (Chairperson), Glenn R. Davis, Esquire, and Craig Diehl, Esquire, were appointed to serve as arbitrators in this matter. 4. By letter dated March 22, 2005, Plaintiffs' counsel requested Attorney DelDuca to schedule the arbitration for late May, 2005 so as to afford the parties an opportunity to resolve this matter without proceeding with the arbitration. A copy of said letter is attached hereto as Exhibit A. 5. By notice dated March 29, 2005, the Arbitration Hearing was scheduled for May 19, 2005 at 1 :30 p.m. A copy of said notice is attached hereto as Exhibit B. 6. Because of a scheduling error, Plaintiffs are not available for the Arbitration Hearing scheduled for May 19, 2005 as they will be out of town on that date. 7. Attorney DelDuca has refused Plaintiffs' request for a continuance and has indicated that it will be necessary to file a motion with the Court to approve the continuance. A copy of Attorney DelDuca's letter dated April 21, 2005 is attached hereto and marked as Exhibit C. 8. In the interim, Plaintiffs and Defendant have continued their efforts to reach a settlement of the claims set forth in Plaintiffs' Complaint. 9. The parties have reached a tentative agreement settling this matter, which necessitates continuing the Arbitration Hearing to a later date so as to afford Defendant the opportunity to perform certain work in accordance with the terms agreed upon by Plaintiffs and Defendant. 10. The Defendant does not contest this motion requesting a continuance of the Arbitration Hearing. WHEREFORE, Plaintiffs respectfully request this Honorable Court grant a minimum sixty (60) day continuance of the Arbitration Hearing currently scheduled for May 19. 2005. Respectfully submitted, JOHNSON. DUFFIE, STEWART & WEIDNER By: { ,,\C.,c,.~ Michael J.Jcassidy csj :250347 EXHIBIT A 11-:)(1,':; it nl,IT]] OF COUNSEL BlCli..\1:11 \.\' ":11\\0,11,1' C l:(j\ \\FllJ\'LI: Hi Li 'PI'll ',1:, (;, \']',': I\~ Ir,\\!i) \\' !hU !' 11\ 1\ V\ () i I (' ~ f::' / ( f2 \VffITj':I(~; F:\-r !\i'll_ I :\M r;;-\-!,:\O, mjc(';,jrl.<I\\' ':'Hl1 i(lil~ \I F,;I',-,i' JOHNSON DUFFIE ilI!L< ,t :;,'I:\'::,li: IiI'TU;:,(lr" i il1'\l\\ j~i\1.i'1 i I j \.\,' i;: ;; 11_ j 1< Ivl\I;i\ ( Pi i'j:; ~,'11( 1:'.j:,I! \ ,"-1 !-', \li._!j:)~"..._ PI,},: ;i;l:iYl !\(HlUi.1 :\/1_ \V,\IJJ~H WAD!: D, \IL'.f..jl !.''. March 22, 2005 Frances H. Del Duca, Esq. 10 W. High Street Carlisle, PA 17013 Re: Kenneth R. Brown, Jr., and Dina Brown v. Greenlin (Doug Gellatly) Cumberland County C.C.P. Docket No. 04-5955 Arbitration Dear Ms. Del Duca: We represent the Plaintiffs, Kenneth and Dina Brown, in the above-referenced matter, and filed the Petition listing this matter for the arbitration hearing to which you have been appointed chairperson. This letter confirms that the parties are in the process of trying to resolve this dispute without having to proceed with the Arbitration Hearing. As such, we ask for your indulgence in permitting us to schedule the Arbitration Hearing in late May 2005, so as to provide us an opportunity to resolve this matter. Please contact me directly if you have any questions or concerns regarding this matter. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER . c - ""l~ Michael J. Cassidy csH247147 13816-2 enclosure cc: Holly Feeney Morris, Esq. Kenneth and Dina Brown -;(:1 Mi\gK!'J '~'ii:Ei'T FI;, i~I)\ jiiL! ,_:i ;\'\.. Ii; \-VW\'\:,IIJ'~\\,C~)!\17!"; il-,!.: ;,'Ll' "-:t'.: ,(: JOHNSON, DUFFIE, STEWART & WEIDNER, PC. EXHIBIT B KENNETH R. BROWN, JR. and DINA BROWN :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA .. NO. 04-5955 CIVIL ACTION - LAW v. GREELIN, INC., a Pennsylvania business corportation NOTICE OF ARBITRATION HEARING - (CHANGE OF DATE) YOU ARE HEREBY NOTIFIED that the arbitrators named below and appointed by the Court in the above captioned matter will meet for the purpose of their appointment on May 19 at I :30 p.m. in the 2nd Floor Hearing Room of the Old Courthouse, Carlisle, Pennsylvania, at which time you may appear and be heard, together with your witnesses and counsel, if you so desire. March 29, 2005 I~~ ~di~2/,,__- '-.._~ Frances H. Del uca, Chair TO: Michael J. Cassidy, Esq. for Plaintiff Holly Feeney Morris, Esq. for Defendant Glenn R. Davis, Esq. Craig A. Diehl, Esq. Bulletin Board Prothonotary's Office ..Xr.~7t {;lli- /,.~ e/ii;~. if,,-Cf/.J;C" ATTORNEY AT LAW TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013-2922: ~~c -4A ~y~ 81; oIa :f ~ , ~lJ ~~W.t < ~a ~~r~..t ~REACOOE 7\7 1.th O~ ' 249-1323 . I. ~" "1-;e..""i~> ",.f,D' "k~(' FRANCES H. DEL DUCA frances@panetwor1<..com April 21, 2005 Michael J. Cassidy, Esq. 301 Market St. P.O, Box 109 Lemoyne, PA 17043 Re: Brown vs. Greenlin, Inc. No. 04-5955 Dear Mr. Cassidy: As chair of the Board of Arbitrators in the above matter, I am refusing your request for a continuance, It will be necessary for you to file a motion with the court to approve the continuance. Sincerely, ~~~;/a/~ Frances H. Del Duca FHD/s Cc: Holly Feeney Morris, Esq, for Defendant Glenn R. Davis, Esq., Arbitrator Craig A. Diehl, Esq" Arbitrator Court Administrator .. CERTIFICA TE OF SERVICE AND NOW, this JfJ!!2day of May, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing MOTION FOR CONTINUANCE OF ARBITRATION HEARING upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Holly Feeney Morris, Esq. 398 S. Geyers Church Road Middletown, PA 17057 Frances H. DelDuca, Esq. 10 West High Street Carlisle, PA 17013-2922 Glenn R. Davis, Esq. 4720 Old Gettysburg Pike Suite 101 Mechanicsburg, PA 17055 Craig A. Diehl, Esq. 3464 Trindle Road Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER fi By: /" . " " . . 4 . / . i. (, :" '''. '...'___.-- l:i~iL "...._ .Y"""1 Ca n S. Jenser{ / /_.? <-:j;:' - / ). ~ ------...--- '"', c> .- .c:::;l ~Tl ,_...n ..... , . -, , r C"-' -- 1""1 -..~ ( .) ~:.::. ._-, (".) , '---- -----.._-_._-_.._-~_.._-. RECEIVED MAY 1 0 200~ Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D.No.82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com Attorneys for Plaintiffs KENNETH R. BROWN, JR., and DINA BROWN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5955 GREENLlN, INC., a Pennsylvania business corporation, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant ORDER OF COURT AND NOW, this (0 day of May, 2005, in consideration of the foregoing Motion, Plaintiffs' Motion for a Continuance of Arbitration Hearing is hereby granted and it is ordered that the Arbitration Hearing scheduled for May 19, 2005 is hereby con inued for a . imum of sixty (60) days from the date of this Order, to be scheduled thereafter :i~raN' "I/';/R III 1I,~ ,,~, t;~J IlFld appointed arbitrators,'}../" By the CpOrt, .>~ ~-- - /<-i{/ - -;I J. o .,/ csj :250347 13816-2 6'\ o () ,iU:: s .s ,.,1' II ~ D[r~ ~}ri :ie) Johnson, Duffie, Stewart & Weidner By: Michael Cassidy LD. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Kenneth and Dina Brown KENNETH and DINA BROWN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBElUAND COUNTY, PENNSYLVANIA GREENLIN, INC., NO. 04-5955 CIVIL TERM CIVIL ACTION - LAW Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled and discontin~led. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER 0' ~C ~-=~ Michael J. assldy DISCONTINUANCE CERTIFICATE AND NOW, this ~ay of L I.., 2005, the suit has been marked as settled and discontinued. "-'I" a~A~~k' . PROTHONO AHY CERTIFICA TE OF SERVICE AND NOW, this I 3> day of July. 2005, the under:,igned does hereby certify that she did this date serve a copy of the foregoing document upon thEl other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Holly Feeney Morris, Esquire 398 South Geyers Church Road Middletown, PA 170!i7 JOHNSON, DUFFIE, STEWARD & WEIDNER BY:~CUtA JJ~ Elizabeth Ann Dillman MJC:ead:254470 (' "-, =0 = c.n ,- c:: r- o ., .-l :r: rn ::0 r- --r-) fTl 2<~9 _.::;c, I- -r ~~ '-rC'o r'D ::< .r:- -0 =Z ~-? c:::