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Home My WebLink About02-0915 Johnson, Duffie, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff BOROUGH OF WORMLEYSBURG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- 9/s- fY/ L.P v. GEORGE SELLERS and DARLENE K. SELLERS, 340 North Second Street Wormleysburg, PA 17043 Tax Parcel No. 47-19-1588-120A, CIVIL ACTION - LAW MUNICIPAL LIEN Defendants MUNICIPAL LIEN FOR REFUSE SERVICES AND NOW, this .u.. day of February, 2002, the Borough of Wormleysburg by and through its Solicitor hereby files its claim against George Sellers and Darlene K. Sellers, registered owners, of all that certain lot or piece of ground situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, being known as 340 North Second Street, Borough of Wormleysburg, Cumberland County, Pennsylvania, and having thereon erected a dwelling house for: Refuse Services from November 1997 to the present Attorney's Fees Filing Fee Sheriffs Fee $1,019.70 $200.00 $10.00 $50.00 Total: $1,279.70 . \ . Refuse services were provided by the Borough of Wormleysburg, and the charges levied therefore in strict accordance with Ordinance No. 391, as amended, which said Ordinance was duly enacted and ordained by said Borough on December 21, 1990. : 154907 By: ~ ~ ........ ll...> ~ ~ \I) ~ ~ ~ c o \::'- .--.;::) -C SL V'l '--C o s:- ~ -" Ll('~' S~~+, ~~~. r~t.'~' ""',.~ ~;(~ ~(, >c /' ::-::i -< o ~~ ~ I c:~ 1"'''.) ." '-'1 'co l"v 1'0 _.~;... -- .. '''~1 -,.-. 5:J -< :J1 SHERIFF'S RETURN - REGULAR -, . CASE NO: 2002-00915 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORMLEYSBURG BOROUGH OF VS SELLERS GEORGE ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MUNICIPAL LIEN was served upon SELLERS GEORGE the DEFENDANT , at 2030:00 HOURS, on the 22nd day of February, 2002 at 340 NORTH SECOND STREET WORMLEYSBURG, PA 17043 by handing to DARLENE K SELLERS, WIFE a true and attested copy of MUNICIPAL LIEN together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.04 .00 10.00 .00 39.04 r~~~~~ R. Thomas Kline me this /",u- day of 02/25/2002 JOHNSON DUFFIE STEWART WEIDNER By: f\ / /\ ~;L "-Jo.-- Deputy Sheriff Sworn and Subscribed to before ~ J,.tJO.L.-- A. D . C)'fl- Q ~ ~ Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-00915 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORMLEYSBURG BOROUGH OF VS SELLERS GEORGE ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MUNICIPAL LIEN was served upon SELLERS DARLENE K the DEFENDANT , at 2030:00 HOURS, on the 22nd day of February, 2002 at 340 NORTH SECOND STREET WORMLEYSBURG, PA 17043 by handing to DARLENE K SELLERS a true and attested copy of MUNICIPAL LIEN together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~~~~ R. Thomas Kline me thi s !,Q.). day of 02/25/2002 JOHNSON DUFFIE STEWART WEIDNER By: /")L /) ~ Ce/~ Deputy Sheriff Sworn and Subscribed to before 1vtA. _U .1.- Q W> .:L A . D . 0~tp~~t~~n~~~~'" ~. \\Server\shareddocs\Word Processing\civi1\ctients_work\morrow const co v parrish el a1.answerto new matter.Mar02.dbc IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA MORROW CONSTRUCTION, INC. Plaintiff CIVIL ACTION - LAW No. 2002 - 0915 v. Arbitration ROY C PARRISH and ELLEN PARRISH, Defendants ANSWER TO NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, Morrow Construction, Inc., by its attorney, Forest N Myers, Esquire, and files the following: 19. No answer is necessary. 20. It is admitted that the Defendants have indicated to Plaintiff that they believed Plaintiff had not completed the Contract and had improperly performed. It is specifically denied that Plaintiff failed to perform all work required under the Contract or failed to complete parts of the Contract. 21. The averments of Paragraph 21 are answered as follows: A. Denied. On the contrary, no frost-free faucet was specified in the Contract. B. The averments of Paragraph 21 B are conclusions of law to which no answer is required. To the extent an answer is required, the averments are denied. On the contrary, the basement walls are finished in a workmanlike fashion according to the Contract. c. The averments of Paragraph 21 C are conclusions of law to which no answer is required. To the extent an answer is required, the averments are denied. On the contrary, ceiling vent does not require a handle. Page 1 of 4 \\Server\shareddocs\Word Processing\civi1\c1'ients_work\morrow const co v parrish et a1.answer to new matter.MarQ2.doc 22. The averments of Paragraph 22 are answered as follows: A. The averments of Paragraph 22A are conclusions of law to which no answer is required. To the extent an answer is required, the averments are denied. On the contrary, the lawn was properly seeded for grass. B. Denied. The information to prove the averments of Paragraph 228 are within the exclusive control of Defendants. Strict proof at trial is demanded. 23. The averments of Paragraph 23 are conclusions of law to which no answer is required. Should an answer be required, the averments are denied. WHEREFORE, Plaintiff prays your Honorable Court to dismiss the New Matter of Defendants and enter Judgment in its favor, together with costs and attorney fees. COUNTERCLAIM AND NOW, comes the Plaintiff, Morrow Construction, Inc., by its attorney, Forest N Myers, Esquire, and files the following: 24. Plaintiff incorporates by references, its Answer to New Matter as set forth above. 25. Denied. On the contrary, Plaintiff avers that it has completed all work on Defendants' residence in accordance with the agreement. A. Denied. On the Contrary, Plaintiff avers that no frost-free faucet was specified to be installed in the front of the house. B. The averments of Paragraph 258 are conclusions to which no answer is required. Should an answer be required, the averments are denied. C. The averments of Paragraph 25C are conclusions to which no answer is required. Should an answer be required, the averments are denied. 22. (26) Denied. On the contrary, Plaintiff avers that it has completed all work in a good and workmanlike fashion. a. Denied. On the contrary, Plaintiff believes that Defendants failed to Page 2 of 4 \\Server\shareddocs\Word processi'ng\civil\clients_work\morrow const co v parrish et a1.answer to new matter.Mar02.doc properly water the lawn allowing it to dry out. b. The averments of Paragraph 25C are conclusions to which no answer is required. Should an answer be required, the averments are denied. 23. (27) The averments of Paragraph 23 are conclusions to which no answer is required. Should an answer be required, the averments are denied. 24. (28) The averments of Paragraph 24 (28) are conclusions of law to which no answer is required. Should an answer be required, the averments of Paragraph 24 (28) are denied. On the contrary, Plaintiff has acted in good faith at all times and only after efforts to secure payment and learning that Defendants had moved from the jurisdiction with no intention to return, did it bring a suit to compel payment to protect its interest. WHEREFORE, Plaintiff demands dismissal of Defendants' Counterclaim and entry of judgment on its Complaint, together with costs of suit and attorneys fees. .-- Fore~t~. ~qUire Atty 1.0.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717.532.9046 Fax 717.532.8879 e-mail fnmvers@)earthlink.net Page 3 of 4 \\Server\shareddocs\Word Processing\civil\cllents_work\morraw canst co v parrish et al.answer to new matter.Mar02.doc I verify that the statements 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. ~4904, relating to unsworn falsification to authorities. Da ted : ..?lLo.... \ I 2co- ~::2:;,AJD~~ .?~, Construction, Ine., Plaintiff Page 4 of 4 0 0 0 C f....:.- 'Tl <" "~.. c-' " ~'O " ni C :-~:J , ~-:; ~ (-,: I ,. < f') '\:::J (I) -) t -<. ",,' "j ~:,,; r_ '- ~': --"--1 ~~; C (5 C , co , ::J rtl ....-~" C ::;j /' .;::) ~iJ -;1 . ..J -< -. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYlVANIA MORROW CONSTRUCTION, INC. Plaintiff CIVIL ACTION - LAW No. 2002 - 0915 v. Arbitration ROY C PARRISH and ElLEN PARRISH, Defendants CERTIFICATE OF SERVICE I, Forest N. Myers, Esquire, certify that I served a true and correct copy of the Defendant's Answer To New Matter and Counterclaim un the following: Harold S Irwin, III, Esq. 35 E High Street Carlisle PA 17013 by U.S. Mail, First Class, Postage Prepaid on April 03, 2002. .~~ Forest N. ers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717.532.9046 Fax 717.532.8879 e-mail fnmyers@earthlink.net \\Server\shareddocs\Word Processing\civil\clients....work\morrow canst co v parrish et al.cert svc.Apr02.doc " ""f ~ " ~ 0 0 N '"Tl :1:>0 ::2..." "Om -0 i~ :::0 niF I ..."m U\ a~ ~6 ..., ::;1~~1 "~ ':0;"'" ::z: u~ -7 ~ t5 N ~ Cl:l -< MUNICIPAL LIEN SATISFACTION NAME/S OF MUNICIPALITY: BOROUGH OF WORMLEYSBURG DEFENDANTS: GEORGE SELLERS and DARLENE K. SELLERS DATE OF LIEN: FEBRUARY, 22, 2002 LIEN AMOUNT: $1,279.70 LIEN RECORDED: February 22,2002 in the Court of Common Pleas of Cumberland County, Pennsylvania DOCKET NUMBER: No. 02-915 DESCRIPTION OR LOCATION OF LIENED PREMISES: 340 North Second Street, Borough of Wormleysburg, Cumberland County, Pennsylvania The undersigned hereby certifY/ies that the debt secured by the above mentioned lien has been fully paid or otherwise discharged and that upon the recording hereof said lien shall be and is hereby fully and forever satisfied and discharged. IN WITNESS WHEREOF the undersigned executed this Municipal Lien Satisfaction on theJ7Way of October, 2005. SALZMANN HUGHES, P.C. vcP Solicitor, Borough ofWormleY8burg "-t- ~ ~ ~ ~ 'Zi -v ~. ~ ~ ~ 1 ~ C9 "', c"::,. r::,':) '~,rl t'::) (") ----..,; \D C:) .r~- c..) C) -'l""l '-f .,- ;-';li~!J (:-; c-..: ;-s :-";1 :X; .<