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HomeMy WebLinkAbout05-6031TH OF COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM j I DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 615 ? 0031 (,( Vl NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ,.?m?/,%?Q?iac ?' ,?J??Y1.Ti A,fo1??1??i>._....?_.3_a/ I ..r..__. ?Ha,2o/? .4J I-9 6Vo 11 ??c/K D,Q ?lup/? baecZ /U 17a2.-7 X.4-- lUlt3!lU? U z G' ?f3?UClajeS ,? ?d?K r i V 00POa.31 - O ? e, R.C.P.D.J. No. 100BB. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. Signatara aPrathonotary or Deputy x L d q" L? 'PAV &4-, appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after (ling the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 11101(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (J" f C q ,S U ((;/? TGS appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. -0 ?I c t V I I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. CX_ i a a ?'v/tety? Signature of appellant orattomey or agent RULE: To 61- ?l if-3.5061QTe-5,appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20U3/ ell L Signature of mth notary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW-APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE a PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .201 Signatum of afflant Signature of official before whom affidavit was made Title of official My commission expires on 2Q_ __ C 1 r .a a?+ Q 1 M1 i_i C-0 - ?1 b1 1 C4 ? : COMMONWEALTH OF PENNSYLVANIA rnl INTY nF CUMBERLAND Ma9. D , No.'. 09-3-01 MDJ Name. Hon. HAROLD E. BENDER Address' 35 W ORANGE ST SHIPPENSBURG, PA Telephone: (717) 532-7676 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rG & C ASSOCIATES 9974 MOLLY PITCHER HWY SHIPPENSBURG, PA 17257 L J VS. DEFENDANT: NAME and ADDRESS rJOHNSTON, LISA R, ET AL. 7 412 WILLIAM DR SHIPPENSBURG, PA 17257 L J LISA R. JOHNSTON 412 WILLIAM DR Docket No.: CV-0000251-05 SHIPPENSBURG, PA 17257 Date Filed: 9/27/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR P •ATNTTFF ® Judgment was entered for: (Name) a a r AasnrTAmRS, ® Judgment was entered against: (Name) TnnTSTnN T.Tsa R in the amount of $ 1 , 29o o0 on: (Date of Judgment) 1 n/3i /ns Defendants are jointly and severally liable. (Date & Time) ? Damages will be assessed on: ? This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ? Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date A? s" Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2006 . SEAL AOPC 315-05 DATE PRINTED: 11/02/05 10:19:49 AM ;,, ?? _l LJ I L„1 ?? 11/23/05 PE.D 12:25 P,LC 1.7172439656 HEARILAAD EXPRESS Cur•IPa Z001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CDMBERLAND 0,,1 D1a1. w. 09-3-01 'd9J Name- Hnr_ HAROLD E. BENDER n°d'ee. 35 W ORANGE ST SHIPPENSBURG, PA Taeorae (717) 532-7676 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF CIVIL CASE NAME. antl AUUH655 FIG A C ASSOCIATES 9974 MOLLY PITCHER HWY SHIPPENSBURG, PA 17257 L J VS. DEFENDANT: NAMFano ADDRESS FJOHNSTON, LISA R, ET AL. 412 WILLIAM DR SHIPPENSBURG, PA 17257 LARRY JOHNSTON L J 412 WILLIAM DR Docket NO,: CV-0000251-OS SHIPPENSBURG, PA 17257 Date Filed: 9/27/05 AAk,, THIS IS TO NOTIFY YOU THAT: Judgment: - FOR PLATNTIPF EXI Judgment was entered for: (Name) _ n-_k' cansgnCTATUa, ® Judgment was entered against: (Name) TnHNATON, T-AA7ry in the amount of $ 1,2on_a9 on ? Defendants are jointly and severally liable. (Date of Judgment) 1 n/11 /n5 (Date & Time) 11 Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ F] Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 9 1,210.4 Judgment Costs $ 80.50 Interest on Judgment $ .00 Attorney Fees $ 0 .0 Total $ 1,290.9 9 Post Judgment Credits $ Post Judgment Costs $ -- Certified Judgment Total $ ---------- ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS. CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. U ti 5 Date S-1 Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2006 . SEAL AOPC315-06 DATE PRINTED: 11/02/05 10:22:59 AM r_, ra ? J `'- cs _l a O' 0 Iq n- SHIPPE14SBURG PA 17257 M 50.37 0 $2.30 0013 C3 OS E3 50.00 -' . ILL 00 Lrl ru $2.67 11/30/2005 Lrl M .. S"d ,{ M1 Sir, i, A,. . ra r v:a . I 0 ra n-' SHIPPEHSBURf, PA 17257 om r- M 14.37 M !2'..34 (101? M 115 M liL40 0 O lfl, fill 171 Ln ru V2.67 11.130;"045 L17 M 17 , Y PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applirable i:o COMMONWEALTH OF PENNSYLVANIA COUNTYOF A,U-??tbe,t)Ajt16(1 ;ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas Os.- ItOl , upon the District Justice designated therein on r (date of service) )((y y, JU 20 Q ?j ? by personal service ? by (certified) (registered) mail 1 sender's receipt attached hereto, and upon the appellee, (name) (f -I L 5? 5? CSC on A/0V. J& 20 OJ5 ? by personal service li7 by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AN UBSCRI ED BEFO1 ME THIS 0711 DAY('OF Ol/2{'?1 21? 20L' i /mar ?-,7'' u/? L-. Signature 0a iS ant Signature of nKg)al before whom affidavit was made Title of official ' My commission expires on 20 6I NpTAHNLSEAL JOB I' S. MTFM1i, ?WAM PLIew W Comniseial???4.? , r ' TV? S I t7 CJ C COMMONWEALTH OF PENMSYL ANIA ` COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE Of (Plairtiltt ) - (pe/arManfr ?:? 1/,.• .. ? !0 /,':f?. ?t is /? )i This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 100BB. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. Signature or Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon r,•' . appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you, do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. .A Date: l,/• J., , 20._ ! t•.: .::. Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW- APPELLANT'S COPY PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE 0. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. CASSIDY AND, : CIVIL ACTION JULIE A. CASSIDY, t/d/b/a G & C ASSICIATES Plaintiff V. LARRY JOHNSTON and LISA R. JOHNSTON, Defendants NO. 05-6031 CIVIL TERM NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 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. Pennsylvania Bar Association Lawyer Referral Service 100 South Street PO Box 186 Harrisburg, PA 17108 Telephone 1-800-692- 751o r (717) 238-6715 Sally J. Wi er, Attorney for Plaintiff 701 E. King St., Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. CASSIDY AND, : CIVIL ACTION JULIE A. CASSIDY, t/d/b/a G & C ASSOCIATES Plaintiff V. : NO. 05-6031 CIVIL TERM LARRY JOHNSTON and LISA R. JOHSTON, Defendants COMPLAINT Comes now, the Plaintiff, Michael J. Cassidy and Julie A. Cassidy. t/d/b/a G & C Associates, by and through its counsel, Sally J. Winder, Esquire and does represent as follows: 1. The Plaintiff, Michael J. Cassidy and Julie A. Cassidy, t/d1b/a G & C Associates is a Pennsylvania partnership having a principal business address and office at 9974 Molly Pitcher Highway, Shippensburg, Pennsylvania. 2. The Defendants, Larry Johnston and Lisa K. Johnston, husband and wife, are sui juris adult individuals having a residence address of 412 William Drive, Shippensburg, Cumberland County, Pennsylvania. 3. G & C Associates constructed a new home for Defendants located at 412 William Drive, Shippensburg, Pennsylvania in accordance with certain plans and under the terms of a contract dated November 5, 2003, which included inter alia a provision for floorcovering and carpet allowance of $18.00 per square yard. 4. Defendants selected certain carpet and floor covering from Porter's Carpet & Furniture, 7960 Molly Pitcher Highway, Shippensburg, Pennsylvania, 17257, as set forth on a certain invoice dated May 25, 2004, marked Exhibit "A" attached hereto and incorporated herein by reference thereto. 5. The billing for carpet and floor covering was received after settlement for the house and the calculation for the upcharge for the carpet was not shown on the settlement sheet at closing on the property thus resulting in a balance to G & C Associates of $438.21 as payment on account of the carpet and floor covering upcharge as it was known that the carpet and floor covering expense was above the contract allowance of $18.00 per square yard. 6. The total on the invoice, dated May 24, 2004, from Porter's Carpet and Furniture for the Defendants' carpet and floorcovering was $8,454.70, which was a fair, reasonable, and proper charge for the materials ordered, delivered, and installed. A copy of the Porter's invoice is attached to this complaint, marked Exhibit "A" and incorporated herein by reference. 7. The allowance under the contract terms was $18.00 per square foot and the square footage was a calculated 392 square yards resulting in the total G & C Associates allowance of $7,056.00, leaving a balance due from Defendants of $1,398.70. 8. Additionally, Defendants selected hardwood flooring for installation in the house at 412 William Drive, Shippensburg, Pennsylvania, resulting in an upcharge for installation of $250.00, which was a fair and reasonable charge for the hardwood flooring installed. 9. Thus, the balance due Plaintiff G & C Associates for flooring and carpet which remained due and unpaid at the time of settlement was $1,648.70. However, G & C Associates received $438.21 of that amount at settlement thus leaving a balance of $1,210.49 owed by the Defendants, as of May 24, 2004. 10. Plaintiff G & C Associates has on numerous occasions demanded that Defendants pay the owed amount of $1,210.49, but Defendants have to date failed and refused to pay the sum owing, or any portion thereof. 11. The amount claimed does not exceed the jurisdictional amount requiring mandatory referral to arbitration by local rule. WHEREFORE, Plaintiff G & C Associates prays that judgment be entered in its favor and against Defendants, Larry Johnston and Lisa R. Johnston, in the amount of $1,210.49, plus interest from May 24, 2004, reasonable attorney's fees, and costs of suit. Respectfully submitted, Sally Ja finder Attorney for Plaintiff 9974 Molly Pitcher Highway Shippensburg, PA 17257 (717) 532-9476 FROM PORTER'S CARPET & FURNITURE 7960 Molly Pitcher Highway, Shippensburg, PA 17257 Telephone: (717) 532-6725 F SOLD L INVOICE 5 6 9 6 DATE SHIPPED TO: NO i S / / y r i • `?"tom { r- , ?.: 9 ??'.- I l? y?<-,- J:l `;?7/," °-?'-`-c-•-c.-c'-<?_ C,°?le-t-?-?.. t%-;'1 S:>',?.L1 =?l< / Thank You! ORIGINAL - THIS IS YOUR RECEIPT ?6 r : y /Js;( t xNIY, t7 ,1A°' VERIFICATION Michael J. Cassidy is a general partner of plaintiff herein, G & C Associates. Michael J. Cassidy verifies that the facts set forth in the foregoing complaint are true and correct to the best of his knowledge, information and belief. This statement is made subject to the penalties of section 4904 of the Crimes Code (18 Pa. C. S. section 4904) relating to unsworn falsification to authorities. n ti ?? O ?? ter, ? L, ? 2 ' T h il f?J -ry ? ? ? r_, J -"' .. -ri ? 7 _ ? ,JfTA .. ? O - -r 7 - a? -? To: Plaintiffs MICHAEL J. CASSIDY and JULIE A. CASSIDY, t/d/b/a G&C ASSOCIATES Plaintiffs V. You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. By:? - IN THE C U T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW LARRY JOHNSTON and LISA R. JOHNSTON, Defendants NO. 05-6031 ANSWER WITH NEW MATTER AND COUNTERCLAIM OF DEFENDANTS LARRY AND LISA JOHNSTON Answering Defendants, Larry and Lisa Johnston, (hereinafter "Answering Defendants"), by and through their attorney, John J. Mangan, hereby file their Answer with New Matter and Counterclaim to the Complaint of Michael J. Cassidy and Julie A. Cassidy, t/d/b/a G&C Associates, (hereinafter "Plaintiffs") and in support thereof aver as follows: 1. Denied. After reasonable investigation, defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in the corresponding paragraph and strict proof thereof is demanded at the time of trial. 2. Admitted. It is admitted that Answering Defendants are husband and wife within this Court's jurisdiction and are adult individuals having a residence address of 412 William Drive, Shippensburg, Cumberland County, Pennsylvania. 3. Admitted in part and denied in part. It is admitted with clarification that Plaintiff G & C Associates constructed a new home for Answering Defendants located at 412 William Drive, Shippensburg, PA under contract dated November 5, 2003, which included inter alia a provision for floor covering and carpet allowanc0 of $18.00 per square yard, with any such excess to be paid at final settlement. See paragraph 11 of Sales Agreement attached hereto as "Exhibit 1" and incorporated herein by reference thereto. The remaining averments regarding the Plaintiffs' construction of Answering Defendants' residence in accordance with certain plans are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied. 4. Admitted in part; Denied in the remainder. It is admitted that a copy of the Porter's Carpet & Furniture invoice dated May 25, 2004 is attached to Plaintiffs' complaint as Exhibit "A". The remaining averments in this paragraph are denied because they refer to a document which speaks for itself and needs no further explanation/ interpretation by the parties. 5. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied. Alternatively, to the extent that a response is required, Answering Defendants specifically deny that the billing for carpet and floor covering was received after settlement for the house and the calculation for the alleged upcharge for the carpet was not shown on the settlement sheet at closing on the property thus resulting in a balance to G & C Associates of $438.21 as payment on account of the carpet and floor covering upcharge as it was known that the carpet and floor covering expense was above the contract allowance of $18.00 per square yard. At the time of settlement, the amount of $438.21 was never intended to be applied towards any of the flooring "upcharges, but rather said amount was simply overpaid due to Answering Defendants' mortgage broker rounding up to the nearest thousand. By way of further response, it is averred that Plaintiffs received the bill from Porter's prior to the settlement date of May 28, 2004. See Plaintiffs' Exhibit "A" dated May 25, 2004. 6. Admitted in part; Denied in the remainder. It is admitted that a copy of the Porter's Carpet & Furniture invoice is attached to Plaintiffs' complaint as Exhibit "A". The remaining averments in this paragraph are denied because they refer to a document which speaks for itself and needs no further explanation/ interpretation by the parties. By way of further response, it was the Plaintiffs, not the Answering Defendants, who initially and continuously disputed the Porter's invoice and as a result neglected to have the final flooring amount figure added into the applicable charges at settlement. 7. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied. To the extent that a responsive pleading may be deemed required by the Court, Answering Defendants deny that the calculation of 392 square yards which resulted in the alleged total G & C Associates allowance to be 57,056.00 was accurate. By way of further response, Plaintiffs' calculation for the flooring allowance was not accurate. Plaintiffs' Exhibit "A" indicates that Porter's shipped 448 square yards of flooring and carpeting items to Answering Defendants' house, based on Porter's calculation of the square yardage necessary to properly cover Answering Defendants' residence. Answering Defendants have further received several estimates of the square footage of their residence and these estimates do not comport with G&C Associates' calculations for the Answering Defendants' flooring allowance. See Exhibit "2". 8. Admitted in part; Denied in the remainder. It is admitted that Answering Defendants selected hardwood flooring in a portion of their residence at 412 William Drive, Shippensburg, Pennsylvania; the remaining averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied. By way of further response, pursuant to the Sales Agreement, final settlement and payment of the total amount due and owing on the contract, including any excess for lighting, floor covering, upcharges, etc. shall be handled at settlement. See paragraph 13 Exhibit 1. 9. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied. To the extent that a responsive pleading may be deemed required by the Court, Answering Defendants deny that any balance was due and owing to G&C Associates at the time of settlement. However, if there were any amounts due to G&C Associates, Plaintiffs' were contractually obligated to seek reimbursement on these alleged balances at the time of settlement pursuant to their own sales agreement. See Exhibit 1, paragraphs 11 and 13. Answering Defendants aver that there was ever a mutually signed agreement whereby there would be additional monies owed for flooring post-settlement. Furthermore, Answering Defendants aver that the Plaintiffs inadvertently/inappropriately received the $438.21 at settlement. 10. Admitted. 11. Admitted. WHEREFORE, Answering Defendants demand that Plaintiffs' Complaint be dismissed and that judgment be entered in their favor, together with reasonable counsel fees and costs. NEW MATTER 12. Answering Defendants hereby incorporate their responses to paragraphs 1 through 11 of the Complaint as fully as if the same were set forth at length herein. 13. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 14. Plaintiffs' claims based upon contract, if any, are unenforceable and barred as a result of the failure of, or lack of, consideration. 15. Plaintiffs' claims are barred by application of the doctrines of waiver and/or estoppel. 16. Plaintiffs' claims are barred by the doctrine of accord and satisfaction. 17. If Plaintiffs sustained damages as alleged, which averments of damages are specifically denied, said damages were caused by the acts or omissions of persons or entities other than Answering Defendant and over whom Answering Defendant had no control or right of control and/or for whom Answering Defendant was not/is not responsible. 18. Plaintiffs' claims are barred and/or substantially reduced by virtue of any releases or settlements that have been or will be agreed to be executed. 19. Plaintiffs' claims are barred and/or substantially reduced by their failure to mitigate damages. WHEREFORE, Answering Defendants demands that Plaintiffs' Complaint be dismissed and that judgment be entered in their favor, together with reasonable counsel fees and costs. COUNTERCLAIM 20. Answering Defendant hereby incorporates his responses to paragraphs 1 through 19 of the Complaint as fully as if the same were set forth at length herein. 21. One aspect of the construction contract between Plaintiffs and Answering Defendants called for finished grading and seeding of the lawn at 412 William Drive, Shippensburg, PA. 22. Approximately in the middle to late June 2004, Plaintiffs subcontracted with M.E.L.'S Landscaping to come and perform the initial grading and seeding for the Answering Defendants' residence. 23. Due to improper grading, water began to accumulate and pool in the front lawn. Additionally, the seeding was not done properly and the grass did not grow. 24. M.E.L.'S was contacted about the poor grading job/lack of grass and returned near the end of August 2004 to "re-grade" and seed the lawn. 25. Answering Defendants released payment in the amount of $1,166.00 to M.E.L.'S from an escrow account on the 13th of September, without the knowledge that their lawn was improperly seeded. See Exhibit "3". 26. Again, the seeding had not been done properly and the grass did not grow. Additionally, the grading in the front lawn and right side of the residence had not been done properly. See photographs attached as Exhibit "4" and correspondence from neighbors regarding MEL's workmanship as Exhibit "5". 27. Answering Defendants have expended a considerable amount of money in an effort to have an acceptable lawn. 28. Answering Defendants have had to pay additional sums for their extensive water bills in a futile attempt to have their lawn come up. See Exhibit "6" 29. Answering Defendants have had to rent equipment, specifically a backhoe, in the amount of $132.20 in an attempt to have their lawn come up. See exhibit "7". 30. Answering Defendants have had to hire a landscaping company to come and reseed and regrade their lawn in the amount of $999.05. See Exhibit "8" 31. Despite repeated demands, Plaintiffs have refused to remedy the lawn deficiencies that they were contractually obligated to furnish to Answering Defendants. 32. Additionally, Plaintiffs were over paid $438.21 at settlement and Answering Defendants expect reimbursement. 33. Approximately toward the end of September, early October 2005, Plaintiffs removed and tore up a significant area of the Answering Defendants' lawn in order to put in a curb around the perimeter of Answering Defendants' lot. 34. To date, the area that Plaintiffs disturbed has not been returned to its previous state. See pictures attached hereto as Exhibit "9". 35. Answering Defendants demand that this remediation work be completed and demand that a written agreement be executed whereby a definite completion date be established. 36. Should Plaintiffs refuse to complete the remediation work on Answering Defendants' lawn, Answering Defendants reserve the right to be reimbursed for the monies that Answering Defendants shall have to expend to complete the work. Verification 1, Larry Johnston, hereby state that I am authorized to make this verification on behalf of Answering Defendants. I further verify that the facts contained within the foregoing Answer with New Matter acrd Counterclaim to the Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: ? (, /G'? Verification I, Lisa Johnston, hereby state that I am authorized to make this verification on behalf of Answering Defendants. I further verify that the facts contained within the foregoing Answer with New Matter and Counterclaim to the Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Lisa Johnston Date: 1112- k ?X AGREEMENT OF SALE THIS AGREEMENT, made the day of ?ytll&.N42003, between MICHAEL J. CASSIDY and JULIE A. CASSIDY, co-partners, t/d/b/a G. & C. ASSOCIATES, 9974 MOLLY PITCHER HWY.,of Shippensburg, Pennsylvania, hereinafter referred to as CONTRACTOR and LISA R. and LARRY J. JOHNSTON, his wife, 50 West Oakwood Drive, Carlisle, PA 17013, hereinafter referred to as BUYER. WITNESSETH, that in consideration of the mutual covenants and agreements herein contained, and intending to be legally bound hereby, the parties hereto do hereby agree as follows: CONTRACTOR agrees to construct and convey to the BUYER and the BUYER agrees to purchase and accept the conveyance of all improvements on a certain tract of land improved with a two story traditional-style house and a two car garage, situate in Shippensburg Borough, Cumberland County, Shippensburg, Pennsylvania known as Lot 37,412 William Drive, Shippensburg, PA 17257. This house to be constructed in accordance with CONTRACTOR'S standard specifications. 2. BUYER agrees to pay the sum of ($225,600.00) Two Hundred Twenty Five Thouousand Six Hundred Dollars as follows: One Thousand Pk, II'S'v ($1,000.00) Dollars upon execution of this Agreement of Sale receipt of which is hereby acknowledged by the CONTRACTOR and the balance as 3. Settlement for the within described property shall be held in the office of Sally J. Winder, 9974 Molly Pitcher Highway, Shippensburg, Pennsylvania. Completion of the improvements shall be witbin 180 days from the beginning of excavation. A reasonable amount of time shall be allowed in the event weather makes construction impractical or impossible. In the event that rock is encountered, the time to remove rock shall be in addition to the time to complete improvements. Any changes in the agreed improvements or change orders shall also allow reasonable time to complete said changes. These requirements, at no time, shall be considered as Time is of the Essence. 4. BUYER agrees to hold CONTRACTOR harmless and to pay any and all expenses related to charges incurred for rock removal; to include labor, dynamite, materials, equipment, etc. Any and all change order materials purchased by the BUYER in place of standard construction materials will be reimbursed at settlement. 6. No modification of this Agreement shall be binding upon any of the parties thereto, unless the same shall be in writing and duly approved by all such parties. The interest of the BUYER shall not be assignable in whole or in part without the prior written consent and approval of the CONTRACTOR Transfer of title by will, survivorship or by descent shall not be regarded as an assignment requiring the consent and approval of the CONTRACTOR 8. This Agreement of Sale is to extend to and be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. 9. If the BUYER fails to comply with these terms and conditions, the CONTRACTOR may seek specific performance. BUYER also agrees to hold harmless the CONTRACTOR from any and all loses of cost or profit from BUYERS failure to comply with the terms of this agreement. In addition BUYER shall forfeit absolutely to the CONTRACTOR the amount paid at the time of execution of this Agreement, to wit: One Thousand ($1,000.00) Dollars as assessed and liquidated damages. 10. Following execution of this Agreement, CONTRACTOR agrees to furnish all the material and labor necessary for the construction of a two story traditional-style house, the specifications of which either have been previously agreed upon, or will be. It. CONTRACTOR agrees that BUYER may select lighting fixtures for installation in the house. CONTRACTOR agrees to purchase lights totaling $1,000.00 or less and BUYER agrees to pay the cost of such lighting fixtures which exceeds an allowance of $1,000.00, with any such excess to be paid at final settlement. CONTRACTOR agrees to pay the cost of such floor covering, padding and installation up to an allowance of $18.00 per square yard, with any such excess to be paid at final settlement. 12. BUYER shall pay the CONTRACTOR for the performance of the work and the furnishing of material under this Agreement the agreed upon sales price plus whatever additional sums are due as excess for the lighting allowance, upcharges and floor covering allowance. 13. Final settlement and payment of the total amount due and owing on the contract, including any excess for lighting, floor covering, upcharges, etc. shall be handled at settlement. 14. BUYER agrees to indemnify and save harmless the CONTRACTOR against all loss, costs or damages on account of injury to persons or property occurring during the performances of this Agreement. CONTRACTOR agrees to provide BUYER with a one year builder's warranty that all materials and equipment used in the construction of the house are new unless otherwise specified and that all work is of good quality free from improper workmanship and defective materials and in conformance with the drawings and specifications. CONTRACTOR agrees to correct all work performed by it in the construction of the house which proves to be defective in material or workmanship within a period of one year from the date of settlement, or for such longer periods of time as may be set forth in specific warranties contained in the plans and specifications. Workmanship has been in accordance with the CONTRACTOR'S historical standard of construction. The provisions of this paragraph apply to work done by subcontractors as well as to work done by direct employees of the CONTRACTOR, however, due to inherent characteristics of concrete, masonry, and wood, CONTRACTOR does not guarantee against cracks in concrete and masonry or repairs needed due to adverse forces of nature, or repairs needed due to expansion or contraction of wood or other materials. CONTRACTOR does not warrant a waterproof or damp-proof basement. CONTRACTOR does not warrant any lawn, which has not been properly watered or maintained. The final approved blueprint shall be signed and dated by the BUYER and CONTRACTOR. THE CONTRACTOR DOES NOT MAKE NOR DO THERE EXIST ANY OTHER WARRANTIES, WRITTEN OR IMPLIED CONCERNING THE CONTRACT WORK OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. 15. No modifications of this Agreement shall be binding upon any of the parties thereto, unless the same shall be in writing and duly approved by all such parties. 16. This Construction Agreement shall be binding upon any of the parties thereto, unless the same shall be in writing and duly approved by all such parties. 17. All materials, including allowances, will be purchased from vendors authorized by G. & C. Associates that were used in estimating the purchase price of the house only. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Witness G. & C. Associates BUYER By(?" LISA R. JOHNSTON BUYER J, ,e Im 9actbn UNIFORM RESIDENTIAL APPRAISAL REPORT F1k No. 032105J / ESTIMATED SITE VALUE . _...-_......-_. = $ W0 Comments an Cost Approach (such as, source of cost estimate, site value, ESTIMATED REPRODUCTION COST-NEW-OF IMPROVEMENTS: square toot calculation and for HUD, VA and FmHA, the estimated remaining Dwelling- 3 956 Sq. Ft. @$ 64.06 _ = $ 253421 economic fife of the property): Cost data has been secured from__ 1 332 Sq. Ft. @$ 12.53 = 10,425 Marshall & Swift Valuation Services and confirmed with local - Fireplace - 5.000 contractors. i ' Garage/Carport 728 _ Sq. R. @$ __. 24.30 _ = 17 690 ' Total Estimated Cost New ......... = $ 286.536 Site value has been estimated from local market data. Less Physical Functional External Depreciation The estimated economic remaining IUe of the subjectpndy_ Depreciated Value of Improvements =$ 286536 is 55 ears. 'As-is"Value of Site Improvements .-.__._..-. _ ..-....._._.._.-=$ 5000 INDICATED VALUE BY COST APPRDACH = 321,536 rfEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 412 William Drive 409 William Drive 417 Scott Drive 419 Scoff Drive Address_ Shippensburg__.`_ - _Shippsbug_, __ Shippensbu_ Shiippensburg Proxim' to Sullied up ed 0.00 miles 0.09 miles 0.09 miles Sales Price_ $_._.- _ __N/A 231.851 219,000 000 - - 254 690 PrP Gross Living Area 8606 7695 d? - _ _8636!x'_ Data and/or Verification Source Inspection Courthouse/MLS COUhouse/MLS Courthouse/MLS ._„_ VALUE ADJUSTMENTS __ _ DESCRIPTION -DESCRIPTION ±?_j$AL _ DESCRIPTION _T+?Jf_Adjusl_ _, DESCRIPTION +_j_?S Ad?usl,_ Sales or Financing Conventional Conventional Conventional Concessions None Known None Known None Known Dateof SaIaTime 1/29104 7/26/04 . 11/23/04 Location Avera a Average __ Aver a Average leasehold/Fee Simple _ -Fee Sim&_. _ Fee Simple____; Fee Simple _Fee Simms she .39 acre .30 acre .34 acre .43 acre__ View Average Similar Similar Similar Design and Appeal__ 2 story_ Similar _Similar _ Similar Oualkof Constmchon_ _ BricklVinyl BrickiVinl BricklVnyl _ StoneNinyl A e 1 year 1 year New New Condfion Good_ _ Similar _ Similar_ Similar Above Grade _Total.; ms BIOS TOW iBdrmsl Baths' _ _ TotaliBdrms_ Baths; Total !Bdnnsj Baths !- Room Count 10 : 4 12.5 8__,_ 3 2.5 +4,000 8 ; 4 I 2.5 +4,000 8 4 2.5 , +4,000 . gross UviWArea___. -3,956%. Ft. 2 694 Sq-H. ± 44 200 -_ 846 SS . Ft. +38 900 _2 948 So. FL __ +3_5,300_ - Basement & Finished 80% basement Full basement Full basement Full basement Rooms Below Grade Unfinished Unfinished Unfinished Unfinished Functional Dtilds___, Average_ __ Similar Similar Similar__ ' Heat Coal FHA Gas. CA FHA Gas CA Heat Pump _ Heat Pump Energy Efficient Items None None None None Garage/Carpoi ______ 2-car all garage 2-caraU.gar:ge-L___ .__-_ 2-cara1tgaraae_,,___-__. 27carattgarage__;___. - Porch, Patio, Deck, None None Porch -2,000 Porch/Patio -3,000 No ce s etc. 1 Fireplace None +2,000 None +2,000 None +2,000 Fence Pool-etc None None____ _j None None Net Ad. ahl + - 50.200 + 42_900 + - 38,300 Adjusted Sales Price Net 21.7 % Net 19.6%1 Net 15.0 % of Comparable Gross 21.7 % 1 282,051 Gross 21.4 % 261,90G Grass 17,4 % 292,890 Comments on Sales Comparison (including the subject property's compatibility to the neighborhood, etc.): Although one or more of the comparable sales are older than six montris and further than one mile the-sales used are_the nearest, ost recently sold similar properties .av_ailable;,__ SEEADDENDUM. REM SUBJECT __. ____ --- COMPARABLE NO.1 ___-_._ COMPARABLE NO.2 COMPARABLE N0.3 pale, Price and Data 611104 t No prior sale listed 7(26x04 tiN. prior sate listatl Source, for prior sales $2 New parcel $219,000 w parcel #Rhinyear of appraisal. C Courthouse records Courthouse records urthouse records Analysis of any current agreement of sale, option, or listing of subject property and analysis of any prior sales of subject and comparables within one year of the date of appraisal The subect last transferred on 6/1/04 for a consideration of $228,000. INDICATED VALUE BY SALES COMPARISON APPROACH 282,000. INDICATED VALUE BY INCOME APPROACH if App licable) Market Rent Mo. x Gross Rent Multiplier 1 his appraisal is made N "as is" I. _J subject to the repairs, alterations, inspections w conditions fisted below subject to completion per plans & sneciliraNnns Conditions of Appraisal: Aooraised in p??".nr'.. 44m - FLOORPLAN BWMW. JOHNSTON. Lawronesuza F99 N0' 04.03% Properly Address: 412 011IIlam DrNa Cage No .: O Ippanabum Stale: PA Zb' 17257 LWKW, i Mo a S ??• SaNna Family -Fil vro Ga Living Nn9 RDyO! ? Den B Bedroom Sketch by Apex IV Windows- ?µ . 3L ei ""'Y': ' YBa ?s r AS'•<°a ?"' ' i? '? '$ . . ::.:1':1.'7:??' mm' iia ?7 ;w"'r" Y OYs T. .1 .Fi ._ .. .... .... 1.0 p :? .:a^.::........ r P Set aai 1631.999, bb?.YNVI Yet For QLa2 Second Floor 1141.1000 143.5000 2.00 x 13.00 16.0000 GM Wo Car Garage 702.0000 702.0000 12.00 x 42.00 504.0000 15.00 x 30.00 449.9998 24.00 x 18.00 611.9999 9eooad VI... 2.00 x 13.00 26.0000 6.50 x 7.50 41.7500 6.50 x 7.50 40.7500 16.00 x 67.00 072.0000 12.00 x 39.00 460.an 00 12.00 x 40.00 480.0000 TOTAL LIVABLE (rounded) 3795 10 Areas Total (rounded) 3795 J 174-126 NORTH HANOVER STREET. CARLISLE, PA 17013 7174434606 AND PAX 717-243.0027 may it uo uo::wP Uasslay M.E.L.'s Lsndwaping 13191 scm Road Waynesboro, PA 17268 Ph: (717)749-3281 an To 3 Invoice EOeM b,*' 3 S1"w 03-3:6 sw'io Ttw^S - P.O. Nenber T0"" %a F.O.B. Pmjee3 77d :4- DearANy Ned Cads _ Oxevfpl7on P,%* Each Amount 1 IPam 1 Ymd Rep. Lydcuaaed PA sLe WMQ 1,100.00 6.00% I,1o0.00T 66.00 ? . ' r lrr, > - u? \ ' W4 V 1,J twmb W&6 L Total :1.166.00 7-d ?"-? ?f J `, ?? ? ? ' ??,"'.. To Whom It May Concern: October 24, 2005 I'm writing this letter regarding the unsatisfactory work Mel has done on our yard. We have moved into our new home this summer in the Hallwood Heights Development, where Mel has used hydroseeding after we have moved in. Until today, we have no grass....we have weeds growing and covering our yard on the front, as well as in the back. We are very unhappy with the way our land looks and the extremely poor job he has done on our yard. We have contacted our builder regarding this problem, and he has agreed to pay to fix the problem, including the re-grading and re-seeding of the area using a different landscaper. This will be done in the spring of 2006. Sincerely, Mahmood Saand 10? Y?lllJ??( ?{'. Thomas A. Dobson 417 Scott Drive Shippensburg, PA 17257 October 24, 2005 To Whom It May Concern: It is our understanding that MELs Landscaping was hired to do the lawn work on our .34 acre lot on June 28, 2004. When we took ownership of the house on July 23, 2004, the lawn was between ankle and knee high, depending on where you stood, and was mostly weeds. We got the impression that the lot was seeded and nothing further was done. It was too late in the year to do much about the lawn in 2004. Thus, due to the fact that our lawn was in an unacceptable condition, we paid AA Landscaping in June of 2005 to completely dig up the entire lot and reseed from scratch at a cost of $950. Sincerely, Thomas A. Dobson ` count Status J Page No: 1 Utility Account Status By Account Id - -- ----- .,69e: 4011900-0 to 4011900-0 --- - --- ---- --- - -- ---- --- - ---- -------- ---------------------- Section: - yo First ------ Last ''Year: First to Last Account Type: First to Last Report Type: J Detail Period: 1 to 12 Include Prio r Year/Prd in Bal: Y Print BLQ: N Date: First to 10/11/05 Include Zero Bal: Y Name to Print: Bill To Cycle: First to Last Location to Print: Property Inc lude Service Type: Water: Y Sewer: N Trash: N Recycle: N Account Id Type Section Property Location Date Yr/P rd Trans Type Code Meth Check No Principal Penalty Balance Bill To Name Description Address Cycle ------------------------------------ -------- ---- ------------ ---- -- - -- - 4011900-0 R - - --- ---- -------- -------------------------------- Prev. Bal: ----------- 0.00 412 WILLIAM DR. 06/17/04 04 2 Water Bill W01 35.98 35.98 JOHNSTON, LARRY 06/21/04 04 2 Water Bill W01 Adjusted 11.99- 23.99 412 WILLIAM DR. 06/21/04 04 2 Water Bill W01 Adjusted 2219- 0.00 SHIPPENSBURG, PA 17257 09/20/04 04 3 Water Bill W01 154. 154.29 Water: 1 11102104 04 3 Water Pnlt 0.00 1.93 156.22 PENALTY 11/05/04 04 3 Water Pay WO1 CK 1261 154.29- 133- 0.00 12/27/04 04 4 Water Bill W01 35.98 35.98 01/07/05 04 4 water Bill W01 Adjusted 63.84 99.82 02/07/05 04 4 Water Pay WOl CK 1330 99.8 - 0,00 0.00 03/21/05 05 1 Water Bill WO1 68.32 68.32 05/04/05 05 1 Water Pay WO1 CK 1400 68.32 0.00 0.00 06/21/05 05 2 Water Bill WO1 81 81.28 07/29/05 05 2 Water Pay WO1 CK 1469 81.28 0.00 0.00 09/27/05 05 3 Water Bill WO1 184.9 --- 184.96 ----------- Note: Prior Year/Period Principal and Penalty ARE included on this report. ,. r 7 a n'? 's- !J, d "Vpj Y 5 No ll'??1 0Z P-? (T -,A ON , y.-0n oM 00'66 DZi --- L6TZ ----------- 00'SE --- 06 --- --- 6ZT S SO/90/60 E SOOZ SLOT 00'11 9i 68 S 90/90/90 Z SOOZ LT91 00'9 ET 89 S SO/EO/EO i SOOZ SW 00'91 iZ SS S 60/90/Zi 6 600Z 66Zi 00'62 6E 6E S 6O/EO/60 £ 6002 6SE0 6OT 6 LZS60SSS9 6901 00'0 0 0 S 60/ZO/90 Z 6002 xfflq 'NOISNHOf i H 9101 0 0 S 60/6Z/SO Z BOOZ TOM 00'1 - - ---------------- 'HO WYIggIM Z16 0-006TT06 ------------------------------------ ---- ------ ------------- ---- -- ------------- ---------- ------ ------- -- ---------- Za6ed Zxoo9 azls ZiJW xagmnN M19W pi d41J abed Moog azlS Tlw iagwnN IGIDN u01JoaS unN be1a abesn 6eTj aweN alodo addy ;aH TTo11 ssaoxg a6e s0 s6ulpeaH Js8 addy alea pzd ieaz apoo sJ1u0 uoileooq pi Junooo x : speaH iawolsn0 x :aJewlJSS x :Ienloy Jseq of Jsald :suolpaS 30 a6ueH :sapnToul 6eT3 aJewlJsq Jseq of 19zl3 :sPI AITO ;0 a6ue18 Jseq 01 Jszld :sadly Jooy ;o abue gJog : snJeJS 666666666 :a6es0 xeW 0 :abeso u pill Jseq o; JS31a :saiodo ;o abueH d : u0Tjdwnsuo3 Z :wTUaJuI d :Jasay d;zad01d :Julia 01 uoTaeooq Jseq o; JszTd :spol.xad ;0 a6ueH T : THTl palexozd d :Teul3 d :pzepueJS 01 1119 :Julxd of OWEN Jseq of JS=l3 :sieax ;o abueH :sapnToul add y 6ulpeaH iaJeM :addy aolnxaS 90/11/01 01 Jszld :saJea ;o a6ueH ---- ------ ------------ ----- -- ------------- ---------- ------------- 0-006TTOO ----------------------------- 01 0-0061106 :Slunoooy ;o a6ueH ------------------------------------- pI Junoooy dq JiodaH bulpeoH xa;aW paileJao EO:EO:L nFnn+nn F +nnwI.AAlnr rn ITT In Country Corner Rental Center Inc. 20 West Orange Street 717.532.3582 phone Shippensburg,PA 17257 717.532.3868 fax www.ccrci.com ?VYi\NIIFI n D JOHNSTON,LARRY 717 532.6657 412 WILLIAM DR Shippensburg,PA 17257 Page 1 of 1 I_ Qty Key Items Rented Stews Returned Date Rental Fee 1 CE-731.01 SKID STEER BELLE 36" W/TRAILER Returned 11/0812004 9:22am 100.00 OUT=372.5 IN=376.2 CUSTOMER RESPONSIBLE FOR FUEL (DIESEL) TIRES AND TIRE DAMAGE!! BE CAREFUL NARROWWHEEL BASE MAY ROLL OVER EASY!! Oty Key Items Sold Price Each Price 1 1 IDEL10M DELIVERY FU-101 DIESEL 15.00 5.00 15.00 5.00 DELIVERY AND PICKUP Delivery Date: Sat 11/6/04 3:30PM Contact: LARRY Pickup Date: Mon 11/8/04 7:30AM Phone: ORANGE ST TO HOLLAR AVE. TURN RT ON HOLLAR FOLLOW TO DEAD END MAKE RT NO ST SIGN FIRST LEFT-LAST HOUSE ON LEFT BIG PILES OF DIRT IN YARD We Charge for TIME OUT, Not time used! Payments made on this contract: Rental/Sale Paid $132.20 on MNov-2004 9:10 am Credit Card Crt Cd Total Paid $132.20 RENTAL CONTRACT If you experience a problem with our equipment call us or no credit will be given after the fact.24 HOUR SERVICE PHONE: 717-532-7403 OR 717-729-5173 YOU ARE RESPONSIBLE FOR ALL TIRES, FUEL, and PROPER ELECTRIC CURRENTI Damage Waiver Charge (OWC)_5.00 % of rental charge. Renter may, by initials hereon, decline benefits of paragraph 8, Damage Waiver, on reverse side of this contract. [ ] DWC is NOT Insurance. I have read and understand the terms and conditions on both sides of this agreement and certify that those printed on the other side are agreed to as if printed above my signature. There are no oral or other representations not included herein. SIGNATURE: JOHNSTON,LARRY Status: Completed Contract #: 588 Date Out: Sat 1110612004 3:44pm Operator: DEVIN FINK Rental: $100.00 Damage Waiver: $5.00 Sales: $5.00 Delivery Charge: $15.00 Misc. Charges: $0.00 SubTotal: $125.00 Sales Tax: $7,20 TOTAL: .20 PAID: $132.20 AMOUNT DUE: $0.00 -intact nn 1nnStinnt in io ++ Invoice I Date Invoice # 15/26/2005 5342 Bill To Lisa Johnston 412 William Drive Shippensburg, PA 17257 Bye a _ NO 000-V Rollie Run R<rau Orrstov-vri, PA 172-1-1 717.530-8942 Serviced Item Description Amount Lawn Repair Scratch up and Reseed (Approx. 14,500 sq, ft.) 942.50T I?'p7 Hydroseed includes: grass seed, starter fertilizer, lD` and fibermulch - Haul debris away Subtotal $942.50 Sales Tax (6.0%) $56.55 Total $999.05 Payments/Credits $-999.05 on Recei °ewnentDUe U t p p Addy d After 30 Days C20 00 S r,1 f`o(: o adi F. ,fu ! erl Checks Account Balance $0.00 1 k i ? ?M r ! ajYu A A: ? Yrt` Alk W, ?? f g F( hJ i e.: t b l S r ?5 Y } # ? R A J 0 `Y(/1 MICHAEL J. CASSIDY and JULIE A. CASSIDY, t/d/b/a G&C ASSOCIATES Plaintiffs V. LARRY JOHNSTON and LISA R. JOHNSTON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW NO. 05-6031 CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certify that on this 13c' day of January, 2006, I caused a true and correct copy of the foregoing Answer with New Matter and Counterclaim on behalf of the Answering Defendants, to be served upon the following persons by US mail: Sally Winder, Esq. 9974 Molly Pitcher Highway Shippensburg, PA 17257 -> o - ,, ?. .? ?;, r ??:, ? r, °, ??; ??, _:%; '?.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. CASSIDY AND, : CIVIL ACTION JULIE A. CASSIDY, t/d/b/a G & C ASSOCIATES Plaintiff V. LARRY JOHNSTON and LISA R. JOHSTON, Defendants NO. 05-6031 CIVIL TERM REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM Comes now, the Plaintiff by and through counsel, Sally J. winder, Esquire and makes the following Reply to New Matter and Answer to Counterclaim as follows: REPLY TO NEW MATTER 12. Admitted in part and denied in part. Admitted as to the allegations of Plaintiff and denied as to any factual allegations made by Defendant in Defendant's Answer. 13. through 19. Denied. The allegations of Paragraph 13 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure, therefore they are deemed denied. ANSWER TO COUNTERCLAIM 20. Plaintiff, G & C Associates hereby incorporate their responses to paragraphs 1 through 19 of the Complaint and Reply to New Matter as fully as if the same were set forth herein. 21. Admitted. 22. Admitted. 23. Denied. On the contrary, all grading was properly done by Plaintiff and Plaintiff's agents and subcontractors. Further, all seeding was properly done and grass did grow. 24. Denied. After reasonable investigation, Plaintiff lacks sufficient knowledge to form a belief as to the truth or veracity of the averment and strict proof thereof is demanded at trial of this matter. 25. Admitted in part and denied in part. It is admitted that the escrow for lawn was released on September 13, 2004, with a notation "work was completed to my satisfaction" signed by Lisa Johnston. Denied that the lawn was improperly seeded. On the contrary, it is averred that the grass was growing and satisfactory to Lisa Johnston when she signed the release of escrow in her attorney's office. 26. Denied. Plaintiffs lack sufficient knowledge, information, and belief to form an answer to the statements of Defendant and therefore strict proof of this matter is demanded at trial of this matter. 27. Denied. Plaintiffs lack sufficient knowledge, information, and belief to form an answer to the statements of Defendant and therefore strict proof of this matter is demanded at trial of this matter. 28. Denied. Plaintiffs lack any specific knowledge with which to form a response to this allegation and therefore strict proof at trial of this matter is demanded. 29. Denied. Plaintiffs lack any specific knowledge with which to form a response to this allegation and therefore strict proof at trial of this matter is demanded. 30. Denied. Plaintiffs lack any specific knowledge with which to form a response to this allegation and therefore strict proof at trial of this matter is demanded. 31. Denied. The allegation of this paragraph is a conclusion of law and therefore no response is required. 32. Denied. On the contrary, Defendants owe Plaintiff the amount of $1,210.49 which was the award entered against them by the District Justice. 33. Admitted. 34. Admitted in part and denied in part. Admitted that the area in the vicinity of the curb which was installed as part of the public improvements required for the development, has not yet been reseeded. Denied that the photographs attached as Exhibit"9" accurately reflect the condition of the property at the time of filing January 13, 2003, in that topsoil has been backfilled along the curb since Thanksgiving. 35. Denied. The averment of paragraph 35 is a legal impossibility and is invalid in that the curb and backfill area is within the street right-of-way and is subject to Plaintiffs obligations to the Municipality and are not within the legal purview of the lot owner Defendant. 36. Denied. The allegations of paragraph 36 are conclusions of law to which Plaintiff is not required to respond under the Rules of Civil Procedure. WHEREFORE, Plaintiff requests judgment in favor of Plaintiff and against Defendant as to all damages alleged in the Defendant's Counterclaim, and so relief as deemed appropriate by this Court. Respectfully submitted, Date: Sally J. Winder, Esquire Attorney ID 24705 9974 Molly Pitcher Highway Shippensburg, PA 17257 (717) 532-9476 VERIFICATION I verify that the statements made in this reply to New Matter and Answer to Counterclaim are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. Date: ) _ ?:? I - Jude A. Cassidy, Co-Partner s- q, c? r:;, t F^ ? ? ? +Tl ? ? ? ? ? ?,?7? 7 ? _ 4 .. 7;? - .,?? ?. -n . --? ? '> y tSV a '>'?:C ? lJ l.. `;1 ?S.?oG?tCt? S ' AND NOW, Ll it fem. ?D?r sfWt , ????5 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT 1?f counsel for the plaintifffdefettdaM in the above action (or actions), respectfully re resents that: 1. The above-captioned ction (or actions) is (are) at issue. 2. The claim of the plai iff in the action is $ 1 9, 1 © 49 The counterclaim of t e defendant in the action is 1 7 ? 1 The following attorneys are interested ?n?,n J. t?VNY91Pvr WHEREFORE, your petitioner prays submitted. the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Honorable Court to appoint three (3) arbitrators to whom the case shall be IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. US-- ( D5 ( CIVIL 19 Respectfully submitted, % ORDER OF COURT foregoing petition. Esq., and actions) as prayed for. By the Court, 19_, in consideration of the Esq., Esq., are appointed arbitrators in the above captioned action (or P.J. i"j r'3 =P a O v ? i?, ?p " ? A "t Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Q 5 ` CDO3I CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573