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HomeMy WebLinkAbout06-09021, frtut- COURT OF COMMON PLEAS Judicial District, County Of wrlYTA Icj NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O(o - 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. 02- t V-0000569-05 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Synafure o/PmfM1onofary or Oepufy was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon //1Y7 /I /'t appellee(s), to file a complaint in this appeal Name of appellee(s) uffer entry of 1ud9ment of non Pros. ice l f (Common Pleas No. within twenty (20) days afteZw2l' /A RULE: To .I_JU[l.r Name of appellee s appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 G-0/Ley / Ir? _ ?? ??ssJJ is L? u/Gnafure of Prothon ari YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 r - If Signature 'of appellant or attorney or agent COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT w. . t. cm? bE P IEO 41D IN !EN A W ', LAYS KKR Ong of Ole n0hou o ,t.r3=<:L l hects aupitetiblc GOxr:..; C S r":_a. it- C MALtAMl, 'YAMT- Or 4eF§JPVis' rc-: dsr} an 1'`r, v ,e., ..; wa Plrr ,o of A, ,Low „? rr,cm R 'Ca, No . upon, the Dic,r J? sk?ce i ?,iy?r<i,ed ? ,ert? rr, wrex 0, +==?ej 26 i_ by r5ara:,na -. e;vi 20 by per'obai sermu u r .,,!"a?ie?(f(gti.E t:,; l ` 001 t r HRKIL[i ..: ELL r r.t r11E hJ C: T411" 01Ile"3 v ?: tp .,., ti.?sr ?..xp3tin ...? ?'tJ (V t rn ? ?6 F .C14: 212A -:. l &MMONWEALTH -PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Add,ess' 1901 STATE ST CAMP HILL, PA >m Telephone (717`0 761-0583 17011-0000 ' MONICA L. JACOBS 885 ACRI ROAD MECHANICSBURG, PA 17050-2277 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rJACOBS, MONICA L 885 ACRI ROAD MECHANICSBURG, PA 17050-2277 L J vs. DEFENDANT. NAME.mJADDRESS rMICHAEL MCC I ARTRY HOME IMPROVEMENTS 3900 LOCUST LANE HARRISBURG, PA 17109 L J DocketNo.: CV-0000569-05 Date Filed: 11/08/05 THIS IS TO NOTIFY YOU THAT: h7'. - .. __,Judrgment: -...O$ w TFF-' ® Judgment was entered for: (Name) Tammig > r)NTt•a r ® Judgment was entered against: (Name) mTCwgyT vrnavorav ROME TKIPVOVXrmTrs in the amount of $ -4,14 q _ e't on: (Date of Judgment) 1 41 o /D 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 $ 0 Amount of Judgment $ 3,000.0 ' Judgment Costs $ 249.83 Interest on Judgment $ .00 0 Attorney Fees $ .0 3 Total $ 3,149.8 ` Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HASTHE RIGHT TO APPEAL. WITHIN 30 DAYS AFTER THE ENTRY OF.?I.UDGMENT BY:FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF.THE C06RT 6F 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 _ Magisterial District Judge -Z// 4 Z ?-/q ' - 3 1 - 1, r1ce f y th t this is a true a rre opy t of - the judgment. ?? Date Magisterial District Judge My commission expires first Monday of January, 2012. SEAL AOPC315-05 DATE PRINTED: 1/19/06 2:46:00 PM Y PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE , .z Fd F (+.7"o-WLADJ'r dtt f SL t_ _ " 1THIN r?'l (`i)t ?},i;'r > ti;? t h e n'. V COiv'.WOiV'N^1 ,AL/?i;i )'` Pi=N'N'Sf i.VANiA r.:OUM1!?YC,F D19V7149i r'<.i NDAVI r;r:re . I '.fear'. ; i.rrn) that l Served q//..C 0l `S O ! e+ ? .. ,'apY ?.: NC4:4f: of At'?pPB ?, YPu'? tlE ' i ' is n. G' ' 6(.. t t S .. ,. ... . e _.. r 2.116 Ob D, $ i <' r tI al Gt r '('C:6(IE E tra4t9) AV A ; L 2 4i! n. iY.i ?sa(tt?. i {'I(;? 2 t? ,f , . . I I w l ' La, ?i`Q? ( ? L.d n;t i.ri .JF;frr. ,. 7C: I_ t •tlt tidl ^+-r, •.R;:. i:RN,' re1Rt 11.(t'tEDe 4r„ Y'3£' R16E.D BLr Ors P.nf_ 7 ??,tA cp?reblti/G+y,__ °© v #Pt eAt?re Wh t Ir 1 ? N3; ntaRe Y•? _ 4-? ...__..._._.. _._.,___. _. _.._.._. c) s ra E I CERTIFIED MAIL. RECEIPT r. Ir O m Pnstagc ? S p Cerufed Feel t,I: tllJll rj ] II , R Return R ePl Fee (Endorse ent Rtquired) I - ??" Qre 0,? ( fl Restricted D elNary Fee ' ° G7 ° (Endorsement Required) Total Postage K Fees U . . _ m , `?• p SootT ....................... .. f ? or PO Box No. ?T c 3 U.S. Postal Service. 5 CERTIFIED MAIL. RECEIPT o ' a -0 1 (DOmestic Mail Only; No Insurance Coverage Pmvi, f .r._.?_.... m 7rf_+f?yEi. rllr P=_'t7t t £"71.7. Po age $ - p Cartlflad Fee ° a mark ° Pat... R.eept Fe t.. f; - t, j70 (FndorsemanRegnretli Q1a C'. Restricted D.1wt Fee C, (E imemem Regi ed) Lfl -_ u?u.?A er_, Total Postage d Fees ,$ #?`}" Z )Jy i}I16 m' _ E3 Fool.'To 171 aC APt No; Po Box No.R ----------------------------- A S ale, Z«4 /x117 /'1t _'7,a.9 IOMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL 4 t Judicial District, County Of t,?umt' , 141 1 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. (A ? V -0000,56q-LOS when this notation is bly #11A SIGNATURE OF PPELLLLANAA))NT OR P BYO ? ? . If aDD //ant Pa was Claim R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sgnature of Prothonotary or Deputy V i before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Mo/7r (o 6,.fgcos appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. L,,,_. l f 1, ) within twenty (20) days after se Ice of Pule or suffer entry of judgment of non pros. (f? Signature of appellant or attorney or agent RULE: To_mQAi(A L ,J _ ,appellee(s) -Name of appellees) (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-.? Signature olProthonotary Deputy a a YOU MUST INCLUDE A COPY OF THE NOTICE lbF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldbergoa ssbc-Iaw.corn PA ID #46782 MONICA L. JACOBS, Plaintiff V. MICHAEL MCCARTHY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-902 CIVIL TERM JURY TRIAL DEMANDED 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 of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldbergoa ssbc-law.com PA ID #46782 MONICA L. JACOBS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 06-902 MICHAEL MCCARTHY, CIVIL TERM Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiff, Monica L. Jacobs, by and through her attorney, Joseph K. Goldberg, Esquire, who sues the Defendant, Michael McCarthy, and in support thereof avers as follows: PARTIES AND VENUE 1. The Plaintiff is Monica L. Jacobs, an adult individual who resides in Cumberland County, Pennsylvania, at 885 Acri Road, Mechanicsburg, PA 17050. 2. The Defendant is Michael McCarthy, an adult individual who operates a business as a sole proprietor from an address of 3900 Locust Lane, Harrisburg, PA 17109. 3. At all times relevant hereto, the Defendant operated a home improvement business, in which he made repairs and improvements to real property. 4. The acts and practices complained of herein occurred at the Plaintiff's residence in Cumberland County, and involve improvements made upon that real property, thereby making this court the proper venue for this case. BACKGROUND AND FACTS 5. In March, 2005, the Plaintiff contacted the Defendant to obtain an estimate for the installation of a vinyl fence around her back yard. 6. On or about April 15, 2005, the parties entered into a contract as a result of contact with the Plaintiff at her residence. 7. The parties agreed that the Defendant would install the vinyl fence, with three gates, for the total price of $12,547.10. 8. The parties agreed that the Plaintiff would pay in advance for the cost of the materials, which was $9.457.10, and one-half of the $3,000 labor cost, which the Plaintiff paid on April 15, 2005. The remainder of the labor cost was to be paid upon completion. 9. The terms of the parties' agreement were placed in writing, a copy of which is attached hereto as Exhibit A. 10. The written contract did not contain notification of the Plaintiff's right to cancel the contract as required by 73 P.S. § 201-7, a provision of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq. (hereinafter "Consumer Protection Law"), nor did the Defendant provide other notices required under the § 201-7 of the Consumer Protection Law. 11. The Defendant began to work on the project in late April, 2005. 12. Soon after starting, the Defendant misrepresented to the Plaintiff that, in spite of the terms of their contract, she had to pay him $1,200 more for tax and hardware items. 2 13. The Plaintiff made that payment to the Defendant on April 25, 2005. 14. On or about May 5, 2005, the Defendant required the Plaintiff to pay him $800 toward the remaining balance on the contract, even though he had not completed the project. 15. The Plaintiff paid the Defendant $800 on or about May 5, 2005. 16. On or about May 13, 2005, the Defendant required the Plaintiff to pay the remaining $700 of the contract balance, even though he had not completed the project. 17. The Plaintiff paid the Defendant $700 on or about May 13, 2005. 18. Thereafter, the Plaintiff desired to have low voltage wiring and a fourth gate installed. Prior to installation of the fence, the parties reached an agreement in which Defendant would install the gate and the wiring, and the defendant would also purchase some other materials for his own use. In addition, the Defendant would return the section of fencing which was to be replaced by the fourth gate, and provide the Plaintiff with credit. 19. The Plaintiff paid the Defendant $550 on May 13, 2005 for the gate. 20. The Defendant never credited the Plaintiff with the amount for the return of the fence section. 21. At a later date, the Defendant demanded payment from the Plaintiff of $360 for installation of the wiring, less a $60 credit "for the different problems." 22. The Defendant provided the Plaintiff with back-dated invoices for the additional charges. Copies of those invoices are attached hereto as Exhibits B and C, respectively. 23. In May, 2005, the Defendant stopped work on the project before it was 3 complete. 24. After repeated demands by the Plaintiff to finish the work, the Defendant returned to complete the project in late August, 2005; however, the completion was inadequate, as it included securing one of the gates with lengths of rope. 25. Eventually, after the Plaintiff filed an action before a Magisterial District Judge, the Defendant attempted to remedy the problems with the gate he had first fixed with rope. That corrective work was improper. 26. In addition to the defective installation of the gate, much of the work performed by the Defendant was unworkmanlike and below the standards of the industry for installation of a fence of this nature. 27. Among the items of defective workmanship are: a) crooked and uneven installation of posts and gates; b) failure to install supporting cross-members; c) incorrect installation of a cross member using glue; d) damage to five posts; e) failure to properly secure 8 posts; f) spring sets improperly located in the inside of gates; and, g) top rails incorrectly drilled. 28. The cost to remedy the defective installation by the Defendant is estimated to be $5,898.96. COUNTI Breach of Contract 29. The averments of paragraphs 1 through 28 are incorporated herein as if 4 fully set forth. 30. The Defendant impliedly agreed to perform the services on the Plaintiff's property in a workmanlike manner and according to the standards in the industry for this area. 31. By failing to perform the services in that manner, the Defendant breached his contract with the Plaintiff. 32. As a direct result of the Defendant's breach of contract, the Plaintiff has suffered damages in the sum of $5,898.96. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant for $5,898.96, plus costs of this action. COUNT II Violation of the Consumer Protection Law (Deceptive Conduct) 33. The averments of paragraphs 1 through 32 are incorporated herein as if fully set forth. 34. The services which the Plaintiff purchased from the Defendant were for personal, family or household purposes. 35. At all times relevant hereto, the Defendant was engaged in "trade" or "commerce" as defined by § 201-2(3) of the Consumer Protection Law. 36. The above-referenced representations which the Defendant made to the Plaintiff regarding the need for payment above the contract amount, and as to the payments needed in excess of the that agreed for the wiring and additional gate, were not true, and were made by the Defendant to induce the Plaintiff to act in response thereto to her detriment. 5 37. The Plaintiff reasonably relied upon those representations to her detriment. 38. The Defendant's acts were in violation of § 201-3 of the Consumer Protection Law, and were unfair or deceptive acts or practices as defined in the following subsection of § 201-2(4) of the Consumer Protection Law: (xxi) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 39. As a result of the aforesaid violations of the Consumer Protection Law, the Plaintiff suffered an ascertainable loss of money in the amount of $1,200. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant for the following relief: a) an award of three times the Plaintiff's actual damages, which equals $3,600; b) costs and reasonable attorney's fees; and c) such additional relief as the court deems necessary or proper. 40. The total damages claimed herein by the Plaintiff are $9,498.96, plus reasonable attorney's fees and costs. The amount sought is within the limit this case to be subject to compulsory arbitration. Esquire ID 2080 Lingle n Road, Suite 106 Harrisbur A 17110 (717)703-3600 Attorney for Plaintiff 6 77 1 CUSTOMER'S ORDER NO. DEPARTMENT DATA NAME r - ADDRESS r r . CITY, STATE, ZIP ! SOLD BY CASH C.O. : CHAR _ OCT. MDSE RETD PAID OUT U NT DE5CRIPTION PRICE AMOUNT 1 i 2 3 v i ?> 5 6 - ?.. 7 10 12 13 f 14 r% 16 _ .. ? ?. 17 ,'? ,,. ' , ?J. '? _ ? 18 ? 19 4N, ', , r /- 20 RECEIVED BY *% 805 - KEEP THIS SLIP tVH REFERENk c DUPLICATE EXHIBIT A STATE, C7 OUT F QUANTITY 1 DESCRIPTION ? PRICE Af,60UNT, 3 ` 121 14 V av ow iv, _ KEEP THIS SLIP FOR REFERENCE fao P.DG5Sv5 ORIGINAL EXHIBIT B BY r`.• J f /76-S 1 0 ANTITY l1- DESCRIPTION ? -RICE ? Cnf:IfJUN5" i 2 s --- 7j e l G°,2 14 - 15 _- .-' -- 171 -? E____ %4 RDC5805 DEEP CLIP FOR REFERENCE ORIGINAL EXHIBIT C VERIFICATION I, Monica L. Jacobs, hereby state that I have reviewed the foregoing Complaint, and verify that the facts set forth in the document are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: 3 Wes- Z?i" - MONICA L. JAC BS CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the day of 2006, 1 served a copy of the foregoing Plaintiffs Complaint, by first-class mail, postage prepaid, upon the following: Kenneth F. Lewis, Esquire 1101 N. Front Street Harrisburg, PA 17102 Attorney for Defendant MONICA L. JACOBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-902 MICHAEL McCARTHY, CIVIL TERM Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO THE ABOVE-NAMED PLAINTIFF: You are hereby notified to file a written response to the enclosed pleading within twenty (20) days from service hereof or a judgment may be entered against you. DATE : 3 / 2 2 / 0 6 /-l r/" 9) ''" KENN TH LEWIS, ESQUIRE I.D. # 6 383 Attorney for Defendants 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 MONICA L. JACOBS, Plaintiff V. MICHAEL McCARTHY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-902 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. The contract speaks for itself. 11. Admitted. 12. Denied. Plaintiff requested an additional gate (that was not in the original contract). Defendant requested additional monies to install the fourth gate. 13. Denied as Defendant is currently without sufficient information, knowledge or belief to respond. Strict proof of same is demanded at trial. 14. It is denied that Defendant requested Plaintiff to pay for unfinished labor. 15. Admitted in part. It is admitted that Plaintiff paid the remaining $1,500.00 in two payments for Defendant's labor. 16. It is denied that Defendant requested Plaintiff to pay for unfinished labor. 17. Admitted in part. It is admitted that Plaintiff paid the remaining $1,500.00 in two payments for Defendant's labor. is. Admitted, except that Defendant believes the averments in paragraph is of Plaintiff's Complaint occurred prior to the labor payments mentioned above. 19. Denied as Defendant is currently without sufficient information, knowledge or belief to respond. Strict proof of same is demanded at trial. 20. Denied. The parties later agreed that the credit would be given toward additional work done by Defendant for Plaintiff. 21. It is admitted that Defendant charged Plaintiff $300.00 for the wiring referred to in paragraph #19 of Plaintiff's Complaint. 22. It is admitted that Defendant gave Plaintiff two further invoices. One, for work done relative to a separate project undertaken by Plaintiff's Husband (a deck); and the other for the electrical wiring referred to above. 23. It is admitted that the job was originally finished in May of 2005. Plaintiff was satisfied with the work at that time. 24. Denied as stated. Plaintiff advised Defendant that one of the gates was leaning into the adjoining gate. Plaintiff returned to the site and installed two new retaining clips to level and secure the gates. Rope was used to hold the posts in place while the clips dried and Defendant advised Plaintiff's son he would return after the glue had set for approximately 24 hours. 25. Denied. Following the District Magistrate hearing, Defendant returned to the home and replaced the entire section of fence (posts, braces, etc.). It is denied that this work was improper and strict proof of this averment is demanded. 26. It is denied that the work performed by Defendant was substandard or defective. Strict proof of the averment is demanded at trial. 27. a) through g) Denied. See paragraph #26 immediately above. 28. It is denied that any cost to remedy any work is necessary. Strict proof is demanded at trial. COUNT I--BREACH OF CONTRACT 29. No response is required. 30. Admitted. 31. The averment states a conclusion of law to which no response is required. By further answer, it is denied that Defendant failed to perform the work properly. 32. It is denied that Plaintiff suffered any damages. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed. COUNT II--VIOLATION OF CPL 33. No response is required. 34. Admitted. 35. This paragraph states a conclusion of law to which no response is required. 36. Denied. Defendant only requested payments in excess of the original contract price for additional work and labor requested by Plaintiff. 37. It is unclear as to what representations the averment refers. If referring to payments in excess of the contract price, see paragraph #36 immediately above. 38. This paragraph states a conclusion of law to which no response is required. 39. It is denied that Defendant violated the subject statutes and that Plaintiff suffered any damages relating to payments for additional work and materials not included in the original contract. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed. NEW MATTER 40. Defendant incorporates his responses contained within the above Answer as if set forth fully herein. 41. Defendant completed the work for Plaintiff as referred to in Paragraph #25 of Defendant's Answer following the District Magistrate's hearing. 42. Defendant left several messages with Plaintiff by telephone to confirm she was satisfied with the work. 43. Defendant's counsel also left a message with Plaintiff to confirm she was satisfied with the work. 44. Plaintiff refused to return any of Defendant's or Defendant's counsel's telephone calls. 45. Defendant never gave any indication whatsoever that Defendant had not properly, adequately, and to Plaintiff's satisfaction, completed the project after the final repairs. 46. Plaintiff never paid Defendant for the wiring as set forth in Exhibit "C" attached to Plaintiff's Complaint ($300.00 charge). 47. Plaintiff never paid Defendant for the hauling charges as set forth in Exhibit "B" attached to Plaintiff's Complaint ($100.00 charge). WHEREFORE, Defendant requests that Plaintiff's complaint be dismissed and, in the alternative, that he be credited $400.00 for payments owed him by Plaintiff. Respectfully submitted, DATE: 3/22/06 KEFETIV F. LEWIS, ESQUIRE At rn y for Defendant 11 1 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information 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. Dated: 3/z)/O6 $? C MICHAEL MCCARTHY CERTIFICATE OF SERVICE I certify I have served a true and correct copy of the within document upon attorney for Plaintiff by mailing same, postage prepaid at Harrisburg, PA, on the filing date, at the following address: Joseph K. Goldberg, Esq. 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 DATED: 3/22/06 Grl KENN TH . LEWIS, ESQUIRE Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 MONICA L. JACOBS, Plaintiff V. MICHAEL MCCARTHY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-902 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW COMES the Plaintiff, Monica L. Jacobs, by and through her attorney, Joseph K. Goldberg, Esquire, who replies to the Defendant's New Matter as follows: 40. This paragraph is an incorporation by reference of responses to averments of the Complaint, and no response is required. 41. Denied. To the contrary, the Defendant only did some of the remedial work promised, and the work he did was defective. 42. To the extent that the averments of this paragraph imply that the Plaintiff was under some obligation to respond to the Defendant's telephone calls, the averments are denied. It is admitted that the Defendant left messages for the Plaintiff to which she did not reply. The averments have no relevance to any of the Plaintiff's claims asserted in her Complaint. 43. To the extent that the averments of this paragraph imply that the Plaintiff was under some obligation to respond to counsel's telephone call, the averments are denied. It is admitted that the Defendant's attorney left a message for the Plaintiff to which she did not reply. The averments have no relevance to any of the Plaintiff's claims asserted in her Complaint. 44. To the extent that the averments of this paragraph imply that the Plaintiff was under some obligation to respond to the Defendant's, or his attorney's, telephone calls, the averments are denied. It is admitted that the Defendant and his attorney left messages for the Plaintiff to which she did not reply. The averments have no relevance to any of the Plaintiff's claims asserted in her Complaint. 45. Denied. To the contrary, the Plaintiff did state those facts in open court before the Magisterial District Judge at the January, 2006, hearing from which this appeal was taken. 46. To the extent that the averments of paragraph 46 imply that the Plaintiff was under some obligation to pay the sum in question, the averments are denied. To the contrary, the Defendant had otherwise overcharged the Plaintiff, and no payment for this item was expected. The invoice was sent to the Plaintiff well after all work had ostensibly been completed. By way of further denial, the Defendant agreed before the Magisterial District Justice that the sum was not owed. 47. Denied. To the contrary, the bill for this charge was created by the Defendant and states on it that it has been paid. 2 WHEREFORE, the Plaintiff demands that the New Matter be dismissed, and that the Plaintiff be granted judgment in her favor as prayed for in her Complaint. Ily ire ID No. , Suite 106 Date.. y laJ 06Harrisburg, P 17 (717)703-36 0 Attorney for P ainl 3 VERIFICATION I, Monica L. Jacobs, hereby state that I have reviewed the foregoing Reply to New Matter, and verify that the facts set forth in the document are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: " MONICA L. JACO S CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the/d day of served a copy of the foregoing Plaintiff's Reply to New Matter, postage prepaid, upon the following: Kenneth F. Lewis, Esquire 1101 N. Front Street Harrisburg, PA 17102 Attorney for Defendant 2006, by first-class mail, t...f `-? c f ' ? ` , Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor nL - Q? 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