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Home My WebLink About06-1348 . tOM1viONWEAL TH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Culrberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 6/,p -/JLfP e6~ ffiJ NOTICE OF APPEAL Notice ;s 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 57 ,'lolllltain View DATE OF JUDGMENT CITY NAME OF D.J Paula P. Correal STATE ZIP CODE NAME OF APPELLANT MAG. olSl. NO. Stoudt Construction, 'l'Oni/Pnnald Stoud' 89-2-01 2/13/06 Terrace Newville p~ 17241 IIN THE CASE OF (Plein/iff) rf"' (Defendant)" . j:bni/:Ronald Diane Yeager /ONen D. "'uller ~ Stoudt vonstructlon, XillIDQiX. . C SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT DOCKET No. CV-0000570-05 ., ~-h~_ > rz~~ This block will be signed ONLY when this notation is required under Pa. If appe/fant was Claimant (see Pa. R.CP.D.J. No. 1001(6) in action R.C.P,D.J. No. 10088. 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 filing the NOTICE of APPEAL. Signalura of Prothonotary or Depufy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y 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 Diane Yeager/CMen D. Fuller appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No bIn _ 13.LJE. (7 t ~) ,L ) Within twenty (20) days after service of rule or suffer entry of Judgment of non pros I ~ elL JyL <;. S,g'::w:OraPpellantoraNOmeYOragent RULE: To Diane Yeager/ONen D. Fuller 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 atter 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. fl n ~ ~ Date I'rLAAI I{)' 20 Dfo "'----!d2~ ",,~c.:: ~:I2/WJI_ I . LJ.47\.- i lure of Protho la De ty YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312.02 COURl FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Tins proof 01 sameo MUST BE FILED WITHIN TEN DA YS ArTEf? Mmg of Ow COMMONWEAL IH OE PENNSYLVANLA COUNTY OF , ss AFFIDAVIT: (swear) (affirm) that l served d copy of the Notice of Appeal. Common PIcas No , upon (dalo of service) 20 by sender's rc~cejpt attached hereto, and upon U10 appelifH?, . 20 by personal Sf)(ViCe sander's receipt attached herotc. (SWORN) (AFFLRMED) AND SUBSCRIBED BEFORE MF THIS DAY OF .20 was TiNe of' official My commission expires on 20 ~ (j tt \ ,--, .!rt --- "- Iv ~ "- V) "- r ~ ..c:: 4> --0 W ~ J- l\J F AOPC 312A AOPC,315-Q5 , "DATE" pR.J.a'.rSU: 2/14/06 10 :!i3 :t4A11 ~~:i:..._,--":........:..-_-,--,--_,-,---~____,_..._._,_".._.:____."..",,.,:.~_~, -1- ~ . I COMMONWEALIrH OF PENNSYLVANIA j, COUNTY OF; ''"--TmT.lum M"o;",N." I 09",,2-01 I MOO N.mo ""'ill' , PA: P. COpV....J. .,,,,,..., 2260 SPIlmG BD SUXTB cur. SLB:, PA I ToI.,,,,,,,,, (717)1 218-5250 I I , ,," " "."-r"'"""" NOTICE OF JUDGMENTfTRANSC~IPT " CIVIL CASE ". ., PLAINTIFF: NAME and ADDRESS 'DUm: ~/0IfJDf D PULLER POJOJ:7 BDDBURQ" VA 22824 L "l . ,'~\ 13 .J 17013-0000 vs. DEFENDANT: NAME.nd ADDRESS rs'rOUDT COIfSft1JC',J':EOJI" 11'1' AL. 57 lIOu.zl&Dl V:EBW'l'BJlJlAC:S ~yZLLB, PA 17241 L "l S'l'OUD'l' ~S'1'JWC'l'l:OR 57 IIOURT RV:EBW TBRRAC. REMV:ELLB. PA 17241 I . "TH'Sl~Jg~~~rFY YO~ THAT: liJ ,Judgment was entered for: (Name) [i] Judgment was entered against: (Name) Docket No.: CV-0000S70-05 Date Filed: 12/28/05 , POR PT.Il1:II'.l':EPP llT.Ift, ~~/~ n 'If'rn'.T..... A-.ntI'nT , ^...... _ 'I'nWT 1'Dtwra.T.ft in the amount of $ . ,r;~ 00; on: (Date of JUdgment) 2/1'iI/oS. o Defendants are jointly and severally liable. o Damages will be assessed on; (Date & Time) O Amount of Judgment Subject to Attachment/42 PaC.S. 9 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 8.000.00 ' Judgment Costs $ 155.05 Interest on Judgment $ .00 Attorney Fees $ .OQ Total $ 8.155.05 Post Judgment Credits $ Post Judgment Costs $ - --- Certified Judgment Total $ o This case dismissed without prejudice. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN so DAYS AFTER THE ENTRY OF JUDGMENT BY flUNG A NOllCE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PI.EAS. CIVIL DIVISION. YOU """'. "c,.". "'MU$1'.:iNcm:JBE:.A'''P,OPV OF THIS'NOTICE OF JODGMENT/TI'I/lNSCRIPrI'ORM' WmrVOUR Ntl-lICl!~"'J\PPE1<L; f ., "' " EXCEPT AS OTHERWISIO PROVIDED IN 1liE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF lHE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCES$ MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERI,\L 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 SAllSFAcnON WITH THE MAGISTERIAL DIStRICT JUOOE IF THE JUDGMENT DEBTOR PA VB IN FULL. SETTLES, OR OTHERWISE COMPLIES WITH THe JUDGMENT. "';'". >:'., ';.::'/fJ~~;':'~i:,,:":~:;';;.:f::~-::' ,I":'..::;j:','~_ .,~,:.:'::"i:::':',::.."'" '::':":.;:<.'.:.;:,.<." ',', _ ":. ":. .,J,..,."."..;:-;ik'tf:1.i.;:"'j(."Date . ::':"(:':'i'\:'::<'''"::,'':'''::',:::~"""",, ''''~~*~1)~\ '!,~Ytlij"if\attjhi~;i~i$"i;.u~~~ird6r;:;;'ct&'I'Y d1'ihti fe'~Ord(;fth~proceedingsc6ntain ing' ttleilldgiu~ht:" <~:~~f.t<~.~8:':~(Y':, ;t:'" ,,'L:} _J:' ,,;::'::~:'::::',:'7"1:":'"!~",":':,(~"?:,,-::\,,::,i'".,::',;y<" " ".:;,',f' ,.:'.,."J:':": , '", "",;,,>;/-M~,':" " :::-:'.:' : '", '''''-' ",:': -'''''" _:.::. c', _"- " .i:" ',":":'<::"':':-':::;'~"J_:,7'~:,: ,<,':::,;~,:>,,' :'J.h,j;:,;:.;" "'. " ",~t~,'; '. "".MagisteriaJDistriclJudge ~:' ',".,."i,us.... :',1,." .'" .., .. -0 "',.- "'., "', ' - , """" r:.. "~"""'~.""""..".~{,j.. L " ., ", '.,-1 , ',.:" .1.Nl{' ~ III . m ,,::I.: . : r:r.ro:'",.I,.".,.,,",""U"".".'.~\..':'.,'"~n"""':!I:!:EI ~ rr cAk!.JsttPA171!ln" ," f'- . -. ..'. ,--" m Postage $ ru m m m .JJ rr f'- m i:DJNBUfNi i,ii; ?!3!i; l.,-',,: o o o o o f'- U1 ru J:;'j/; ,:', I CJ ~i:, , t4.~ (0 U1 o ~~'J;D-"'''' " ~ " ',""~, ~'Y:jN'r /'1., 1 treel. Api ,..~". (Jr;. , r \ ..' 11_:)~~~_?~:,~t~",..__,.J.. I .~ r:.' emf, Sl3M /'1'.,'\ a~' ~-'.""L~:;I'~ril:j'~iiH '. > ""j ""111"1' ", II'" _,I', - , c< I;~u'f-.) JI, i>...o PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO I:IL: "'1PLArH (ThiS prootot service MUST BE FILED WITHIN TEN (10) DAYS AFTER oftho "OU(( "I 1,: COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~\'kI\J ss AFFIDAVIT: I hereby (swear) (affirm) thai I served ~ ()~ -/3'1 J' 3 copy of the Notice of Appeai, Common Pleas No. , upon the District do,':'ir;fldkd i::<' (dale arservice) .:)J I.&:/ Pit, .200(,. 0 by personal smvlcc r:y oy 'mG''': sender's receipt attached hereto, and upon the appellee, (narne)"J)\"'l~Y~'" . +~el] f) ,FLLJJ~j~ SilO ' 200? 0 oy personal scrvlce or by (ce:!Jled) sender's receipt attached hereto, ~~ >. ~--~ ~:iq'ktae )t I\J Pu,klt U.S. Postal Service,. CERTIFIED MAIL. REC (Domestic Mail Only; No Insurance Co Title of official My commission expires on 20 W' III Of P 'NNSYLV N1A NolIri8I Seal MIl)' M. _. Nataty Public c.tllIIe Boto. c:umt>INnd County My Cc.,"'.llf1iO'l E>cplrftAug,18, 2007 Mernt:lef. F'b,,,.....;N8nrft A~ of Notarl. o g Certified Fee I o Return Receipt Fee I (Endorsement Required) CJ Restricted Dellvery Fee r'- (Endorsement Requiretl) U1 ru (lor:: . 10 ". eo" I(}~, $1.85 $0.00 Total Postage & Fees $ IU4 031.10/21 U1 o o f'- AOPC 312A. 02 ~ (..6 If- I j =l ;J COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of ;: :un~h::".T l.a.t:c: NOTICE OF APPEAL 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. NAME OF APPELLANT MAG. 0I5T. NO. ::':-t:c.uclt", ' ;--Y!i.SLr1J(:tl(:ty-:, , q'.~:-nj /!:-;;::i;liJ.J ;~:' . rJ'"}\} !. " NAME OF O.J. ,..,......'j ~',;-i,U ,', C'.(TCI\~;!o .~ ADDRESS OF APPELLANT CITY STATE ZIP CODE ":7:"'OUr.',t:,8ix; \tJ.t;;\-,; '.i:'2,rr,::1(.7:f'; DATE OF JUDGMENT IN THE CASE OF (Plaintiff) ;~~"i,,'\r:i ~,',i 7Y:" 17?11 DOCKET No ~:':L::IC' ':::('i''i,-','::!;:: (Defendant)' ';"on ~ / ~::O'T:; II"" '., ',' ',~"'l],,',i,l~r >[":(Yi ,clt,' :.Uq~:1'.:::;\C.'.1:j"Oll. ~<i:r.~t~'~{:r'" .' ..", ~.,., . . ..- ....- vs ' , . ".<....."". .,. <,....,., ;"'4"'- SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT [')!>;' '7." (:.A~' "'"" "..(." 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, 10088. 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 filing the NOTICE of APPEAL. SignalureofProthonotaryorDeputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT ANIflRULE TO FILE (This section of form to be used ONLY when appeltant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. tF NOT USED, detach from copy of notice of appeal to be served upon appeltee. (:II PRAECIPE: To Prothonotary Enter rule upon. Ji~...n(:' '. '\:'l::-(:e-\t~:.~./ (l\'1/E:J". , ';"\.i.':,1J,:r appellee(s), to file a complaint in this appeal Name of appel/ee(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 !.;::L:~_n,,: /l""N.rf?-.n f\:d.1 er , appellee(s) Name of appel/ee(s) (1) You are noHfiedthat 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) tf 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 Si~nature ofPr~thon6tt4~ D~PptY YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312.02 COURT FILE DIANE YEAGER and OWEN D. FULLER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. TONI and RONALD STOUDT, husband and wife,: doing business as STOUDT CONSTRUCTION 13fl' No. O&,.~ M I..t..-.. Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. , Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DIANE YEAGER and OWEN D. FULLER, Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. TONI and RONALD STOUDT, husband and wife, doing business as STOUDT CONSTRUCTION /31./1' (l.. -1.._ No. b (..~ L..tvi.-I ~......... Defendant(s) COMPLAINT AND NOW comes Plaintiffs, Diane Yeager and Owen D. Fuller, by their attorney, Michael O. Palermo, Esquire, and respectfully sets forth the following Complaint and avers as follows: 1. Plaintiffs, Diane Yeager and Owen D. Fuller, reside at 43 F Street, Carlisle, Cumberland County, Pennsylvania, 17013-0417. 2. Defendant, Stoudt Construction, operates their business at 57 Mountain View Terrace, Newville, Cumberland County, Pennsylvania, 17241. 3. Defendants, Toni Stoudt and Ronald Stoudt, own and operate Stoudt Construction. They are also believed to reside at 57 Mountain View Terrace, Newville, Cumberland County, Pennsylvania, 17241. COUNT I - BREACH OF CONTRACT 4. Paragraphs 1-3 are incorporated by reference as if fully set forth herein. 5. On or about November 26,2005, Stoudt Construction through Toni and Ronald Stoudt, herein after called "Defendants", entered into a Building Contract, [Attached hereto as Exhibit "A"] with Diane Yeager and Owen D. Fuller, herein after called "Plaintiffs." 6. Said contract was signed by the parties and pursuant thereto Plaintiff's paid four-thousand ($4,000.00) dollars to the Defendants in accordance with the terms of the "draw schedule" of said contract. See "Exhibit A". 7. Defendants agreed, by executing said document, that they would construct footers and foundation walls for a 30 x 30 garage for the Plaintiffs at above said residence. 8. Approximately two weeks after the initial signing of the contract, partial payment, and excavation, the Plaintiffs paid an additional five-thousand ($5,000.00) dollars pursuant to the terms of the agreement, particularly the "draw schedule" as set out in the agreement [See Exhibit "A"] 9. On or about December 16, 2005 the Defendant stopped all work and demanded more money to complete said construction. 10. By cessation of all work on Plaintiff's garage, prior to laying the block for the foundation walls, Defendants have not completed performance and are in breach of said contract. 11. Plaintiff has incurred additional damages to cure the breach of Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendants, Stoudt Construction and Toni and Ronald Stoudt, as individuals finding Defendants in breach of said contract and award Plaintiff's $8,000 together with reasonable attorney's fees, interests, costs and any other relief the Court deems necessary. COUNT II. UNJUST ENRICHMENT 12. Paragraphs 1-11 are incorporated by reference as if fully set forth herein. 13. Plaintiffs signed an agreement with Defendant(s) to have a garage built by the Defendants, totaling nine- thousand eight hundred and fifty ($9,850.00) dollars. 14. Plaintiff performed by paying $9,000 dollars to Defendant to excavate the land, build footers on the site and build block-slab foundation walls. 15. Defendants did not complete said footers or complete the foundation walls for the garage, and thus have not fully performed under the agreement. 16. On or about December 10, 2005, after Plaintiff had paid the agreed upon contract price, minus $850 due upon completion, as the job was never completed; 17. Defendants then made a demand on Plaintiff for more money to complete said work included in the contract. 18. Defendants then walked off the job and refused to perform. 18. Defendants have not completed their performance under the contract. 19. Defendants have been unjustly enriched in the amount of eight thousand ($8,000) dollars for work they have not performed. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for Plaintiffs and against Defendants, Stoudt Construction and Toni and Ronald Stoudt, as individuals finding they were unjustly enriched; award $8,000 together with reasonable attorney's fees, interests, costs and any other relief the Court deems necessary. COUNT III. UNWORKMANLlKE PERFORMANCE FAILURE TO COMPLETE 20. Paragraphs 1-19 are incorporated by reference as if fully set forth herein. 21. Plaintiffs are adult individuals residing at 43 F Street, Carlisle, Cumberland County, Pennsylvania, 17013-0417. 22. Defendants are individuals doing business as Stoudt Construction, with a place of business located at 57 Mountain View Terrace, Newville, Cumberland County, Pennsylvania, 17241. 23. On November 26, 2005, Plaintiffs and Defendants executed a written agreement for the construction of a garage, namely the excavation of land, the digging of footers and the building of concrete block foundation walls among other work. 24. The plaintiff has fulfilled all provisions of the agreement on their part to be performed. 25. The Defendant has not fulfilled the provisions of the agreement to be completed on their part of said agreement. 26. Defendant has wholly neglected to do and perform certain things which were expressly or by necessary implication required to be done and performed by the agreement, as follows: (a). failing to properly excavate the land (b). failing to dig the footers (c). failure to build the foundation walls (d). numerous other failings yet to be determined. 27. Defendant has performed in a poor, improper, and unworkmanlike manner. The excavation was door improperly. The Defendants failed to build proper footers and to build the foundation wall at all. In addition, mounds of dirt and clay were piled on the property creating a hazardous situation that led to the destruction of the entire yard. 28. Defendant has failed and refused to cure the aforementioned breaches, despite Plaintiffs repeated demands. 29. The reasonable cost of remedying the aforementioned breaches is in excess of $8,000. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment against Defendants in an amount in excess of $8,000 with costs and interest. Dated:4* Respectfully submitted, ROMINGER & WHARE Mioh"r 0 p're~t- 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Fax: (717241-6878 Supreme Court 10 # 93334 Attorney for Plaintiffs Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA DIANE YEAGER & OWEN D. FULLER, CML ACTION - LAW v. STOUDT CONSTRUCTION, TONI STOUDT, RONALD STOUDT Defendant NO. VERIFICATION I, Diane Yeager, Plaintiff, verify that the statements made in this Complaint 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. ~ 4904, relating to unsworn falsification to authorities. Date: NC3818.50A 7.'01 Carbon less B' adams NC 3818-50 3 PART PROPOSAL ~V3hIP DATE i';\DDRESS ,f ,.--:'-,/ .' WORK TO BE PERFORIVIED AT I ADDRESS . ;? I PROPOSAL SUBIVIITTED TO' ji\JAME '" DATE OF PLANS '/'-.,~- A,9CHITECT '.;- : ?HONE l\jO. i ~"-_="'1>7'7"'~~~ \;\18 1,8:"2:)Y prc,pose -ic!'Hnlsh the I i /:-~-::__,/, 7;.(> ,/ ~-':!at8riais and pedorrr: the labo:' nec8ssa:'yioi' the GOFlpietion of <? .n//' /:-,,;,// /)';::<7';:" d .4,"_3j;0( .. .::;" <'!~;;::f?~i' <? k-'--' /"., ."T';!:' ,.~" (,/:7"..-; . //:::' c/~ [::4/') J'--' , '/ .. . . ,y,_::;' ,.,./ ""'-.r,.".... . . ;";.--:;> ,/; 'i// .. -<?';:~<' / u? ~/ -;::"'j;- -""";. / /,-:,,'~.-., . !~. ' /', .. ;./,-- '/ 7--:;;'; 1_,' "'.-~~'~', /': ;--; ....--.1 ~ ~.-> i ~j' .'-;'.~' .- _.--/'...~_. "y--,;~;; ~-<; ..=.::: ,-r'O x ,. {I.' _.",,"'; .:'" '.~ ~- -'/ ./ -<:'/;.../:,,;>' ",,";//..., /"J/>",,>.:.... -',,-/> ';'-.-"",1'" .-:- ..,/"/~" ,"" " -r, ;;i.-j "~;";'/-;;'--7;.'?.:.''''' .' ----:-' " .,;7 -;f-/--_~-'?'r: >""/'-'; .I:,...., ,'-:--;. ',-:CO ,.,....-, />./~';,-:;;---,( -;' /"/ " .<' "- ':r!-~'''~' /-Y7'j;~ ~...,.,~,/".-c,c,. 7.~-_/ /:"',r-:?:./, ./':.n"- '--.(;: ,..-' c""':;" ~ '-7, .." --: '/-;' ".,. .~,/... "?~'- ,,;-' ,,- ,/,;,,/.,...-; .'-~/: ,---- .. --:Or -;., -/, ".,7 _<;'~,7>::<,,.< _;'.--:'- ,__ -,''--...-.r.,'~';- ,. '. -.(, ~// '" :~~;~, /~;;>.,.-; ;-<~~ f,<'-' /,-~'~/ _,,'-f._ ..... i' 7'J'?' /.7.:'--:: _<;::.". / ~) -,,_,"/:::-'.-~"h> - /c ,.-;-:-'''...;r / -,./,. -/~ /;--..,.., with the drawings and specifi- Dollars ($ with paymen-is to be made as follows. Respectfully submitted ---< j ';-"y~:.( "' ('; - Any alteration or deviation fmm above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the 3stimate All agreements contingent upon strikes, ac. cidents, ocdelays beyond our control Per ".;'-- I\lote - This proposal may iJe withdrawn by us i-f nOt aCGeptec! within _clays,' i .~,CC:::P i ).\r\lCt 0:= P:-;OPOSAL -::-,2 3.boli'S pi'less, s:J6dfic8!iJt:s 9.ilcl SOiiditici-:S .:;;.10 as specified. P3.\f;ilents ilvil! be made as outlined above. II ' .Ex hi 'bIt tIll sats-,-acwi'Y ELld ai-e hSi-eby 3,Gcepiac:. a:~!l;lO:'~L3t:i to -'- '-,u ll-i9 '-.riiOi'i< I i Signature '. ~'::";-',',/<.".'" .,.{t~~-{~_." /,!-A~",;,~/:/ _ "'_~"'---- Date Signature . :~;n:"',--:"~"' Carbon less a., adams file 3818-50 3 PART PROPOSAL few. I^-l, ':hP PROPO~AL ~9. '~r<~'/'..// ~ ,- ..1<-- SHEET NO DATE PROPOSAL SUBMITTED TO I NAME ! ~t\DDRESS I ! ,,-',-,. / - /. ,/,. ,/ /' ~ ~,. ,/ WORK TO BE PERFORMED AT ADDRESS , , " ,"~-,. -< '::-"';1,0' ,~-' t?-:-~ --, r-" c. - I:HONE NO': /<;' INe hereby propose~clurnishlhe materiais and pel'form the labor necessary for the completicn JI ,y:..>,,., "/-,;'..~.-// /1" ,-7/// " ./ ;/~'::.. "'% " //" "i" 7""_~/'...","-) . /.///.; /~'~ - ~, /.- ,../..--':, /7"/ J +;::::?~ f ::T~:" .::-:' / .( / !/' ';:"'</;C:)//'",// _/O_~-- r~'''::'-<7o;,.: .--' I '7 I I '~ " i I I I I I -< -' /~-' .:..->/ /y I '/ ','r ,8 J7'L; I " "<:/"J!://?" ;:';' '/"'/:/ ~~.,-;,rJ .<,;';:>,:'f><'/;"~/" /..47" '/>i,j'// /~_;.~ I Ar~;~~~~li~;~~rag~~j:~i:~ ~~::;~~tt~,'::~ the/{~; ;~~;; t~b':;:~,~~?,~ ;~c:o(aarfce cations submitted for above work and completed in a substantial workmanlike manneri~r the sum of ~::;,. .rJ/-/ ",J,-,/,,c/, /, ;~;0-:P' Dollars ($ with payments to be made as foHo\l\fsc-.~''-;:2,;,,-' / ",7,:"'C.:5'C)":' .:.;> 0 -: :,.ii',;;/; ~i z:.'':.''''~}.c_ ::::'0 :://./';..-"......-- '~t.' ..._' '0'_ __ ,,;. ,--//", -1//~ />/~ ,4r~ ;:? / , ','-;',/YA,'-:;_':::- ~J/ ,;l ,<:~~ .;~~ ";',1' ~~ /'/-::. -0' j -r':7'o .r- /;/ / 7"',.-:; ~-) ."L-f"".-- /'; ,-/ ,/>"'" ./ ././ ,/; -~. /~? <;7 ~ 4/C // .r: /::~~ / <>~::'"~-;,{., ,-/ ,/~ /'" /~.-- r;'~./ <JF .,/~<, VY} /". T-' .~ j~~::;~~~~, ,.~~ C"'; ,-/ fi/ f~:' :.<r.... />' --- j _.:,>7""":' ~--' _~ /~-} .."'...../:..<"/, ..( ,.!7:'/ ,,>5.-:;'/' /' -:';7 /;.;~ /,' " -' / "/ '" </:, ,'7 / / :7,d .', <....i'"'^-~ f.' / /:,;-: Vir .;?,/)/:;/~ ~)<.'1 ./ .,-. .'/ >;... ,--7/->,N.....F /:,.e /"', ~ +- ,r;' ,i .r / .j.(r ,........,,^)/ ~--;i~</~(._ /' /~. ...-- /- -,,,..- A-':;'j--;V/' K / "'", ,.- /'i/ '-C""'< - /' (,;;.- S7 "'-',' ~~ ,/,il""-"""<-T",";' . ' ,r'-:,'/>/fi' / with Ihe drawings and specifi. !.-'/....--) '-;7""" ---/ "". /-----,/'. --. ... / .-'/," <"7 /".;:Y' /":'," !~~0 ~ ,~';",.. .'> ,.--' 3::::;'-::-)" /')"&? /--:. ;:;' ,::~~ /- ~'/~,-,.,. .' ^-'.~,~<~7! ._/'/~' Per .-.----. /S./ / I I Any alteration 01' deviation from above specifications involving eXlra costs I will be executed only upon written order, and will become an extra charge over and above tile estimate_ All agreements conlingeni upon strikes, ac. cidents, or delays beyond our control.,-) , , I : ~/ 1/ / " L ' Respectfully submitted ,.</ _;./1,-".','/---' ,:.: - ". ,,-, Nole - This proposal may be withdrawn by us ii not accepted within_days. ACCEPTi'leJCE OF PROPOSAL The above priGes, specifications and conditions are satisfactory ale! ate hereby 3cceptsd. You are autilo(;zec] to dOlh9 v'JOrk' as specified. Payments will be made as outlined above. , , \ / Signature/\. , I / . , - !' ,L ' I 1./'rL/"'::.r 1.~'--...7 ~-~" Date " ! .ry .- . , ~?' ~ v -, ~, Signature " a adams NC 3818-50 MADE IN USA PROPOSAL DIANE YEAGER and OWEN D. FULLER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. TONI and No. RONALD STOUDT, husband and wife,: doing business as STOUDT CONSTRUCTION Defendants CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Dated: March 30, 2006 Respectfully submitted, ROMINGER & WHARE ft4r:Jd - Michael O. Palermo, Jr., sqUIre 155 South Hanover Stree Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiffs p ......, 0 C",-:>- <-;::,j -'1 :f, c,", :?~ :~ 'i'-- ""--, ...,., ru ~ :;:.) ~ 1 i"-::':: ~ f !T; C,.) '-'.' c..-:. -C. :":.... ,:, "'C) W . , c- w 1\\, ,-D U" -- -~ , en l:' 0. _J :< ~ .... F:\FlLES\DATAFlLE\General\CurreI'1I\11631.5.ans.wpd Cr!l8ted: 4125106 lO:37AM Reviled: 5/8/06 IO:lIPM DIANE YEAGER and OWEN D. FULLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : CIVIL ACTION - LAW TONI and RONALD STOUDT, husband and wife, doing business as STOUDT CONS1RUCTION, : NO. 06-134& Defendants DEFENDANT'S ANSWER WITH COUNTERCLAIM TO PLAINTIFFS' COMPLAINT TO: DIANE YEAGER and OWEN D. FULLER, PLAINTIFFS, and MICHAEL O. PALERMO, JR., ESQUIRE, their attorney YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU. AND NOW, comes the Defendant, Ronald J. Stoudt, d/b/a Stoudt Construction, by his attorney, Martson Deardorff Williams & Otto, and responds to the Plaintiffs' Complaint as follows: 1. Admitted. 2. Denied as stated. By way of further response, Ronald J. Stoudt does business as Stoudt Construction Company and has a business address of 57 Mountain View Terrace, Newville, Cumberland County, Pennsylvania. 3. Denied as stated. By way of further response, Ronald J. Stoudt does business as Stoudt Construction Company and has a business address of 57 Mountain View Terrace, Newville, Cumberland County, Pennsylvania. It is admitted that Ronald Stoudt resides at 57 Mountain View Terrace, Newville, Cumberland, Pennsylvania. COUNT I - BREACH OF CONTRACT 4. The answers to Paragraphs 1-3 are incorporated herein by reference. 5. Denied. The document speaks for itself. 6. Denied. The contract was signed by Plaintiff Doug Fuller and Defendant Ronald J. Stoudt. It is admitted that Plaintiff received $4,000.00 from Defendants. , ' 7. Denied. The document speaks for itself. 8. Admitted. 9, Admitted in part and denied in part. It is admitted that Defendant completed the first stage of the work on December 16, 2005. It is denied that Defendant demanded more money to complete the construction. By way of further response, Plaintiffs refused to pay the extras of excavating in the amount of $2,459.00 and stated that they would not sign a waiver which would stipulate that Stoudt Construction would not be held responsible for any cracking as a result of the footer and block being done in temperatures below freezing, since the Plaintiffs requested the work be done immediately. 10. Denied as a conclusion oflaw. 11. Denied. Plaintiffs suffered no damages but are in fact liable to Defendant for work completed. WHEREFORE, Defendant requests that this Court dismiss Plaintiffs' Count I with prejudice. COUNT II - UNJUST ENRICHMENT 12. The answers to Paragraphs 1-11 are incorporated herein by reference. 13. Denied. The document speaks for itself. 14. Admitted in part and denied in part. It is admitted that Plaintiffs paid $9,000.00 to Defendant. It is denied that Plaintiffs satisfied their obligations under the contract as Plaintiffs failed to pay for extra work that resulted from the "Rock" clause as marked with an asterisk underneath Paragraph 4 of the contract which states "In the event large rock or rock shelf is found during excavation that needs removed, an additional charge will be added." 15. Admitted in part and denied in part. It is admitted that Defendants did not complete the footers or foundation walls but it is denied that they did not fully perform under the contract as Plaintiffs breached the agreement therefore excusing Defendant from any further obligation to perform under the contract. 16. Denied as stated. 17. Denied. Defendant requested that they be paid according to the contract for the extras of excavating in the amount of $2,459.00. 18. Denied. Defendant finished the work on December 16,2005, and met with Plaintiffs on December 17, 2005, where Plaintiffs stated that they would not pay any further fees for the extra work performed. (18.) Denied as a conclusion oflaw. Defendant completed its obligations and performed according to the contract. 19. Denied and as conclusion oflaw. WHEREFORE, Defendant requests that this Court dismiss Plaintiffs' Count II with prejudice. COUNT III. UNWORKMANLIKE PERFORMANCE FAILURE TO COMPLETE 20. The answers to Paragraphs 1-19 are incorporated herein by reference. 21. Admitted. 22. Denied as stated in Paragraph 2. 23. Denied. The document speaks for itself. 24. Denied as a conclusion oflaw. By way of further response, Plaintiffs have failed to satisfy all conditions under the contract and are in breach of the contract. 25. Denied as a conclusion oflaw. By way of further response, Defendant has satisfied all obligations under the contract and was excused from further obligations upon the breach of Plaintiff on December 17, 2005. 26. Denied as a conclusion of law. By way of further response, (a) Plaintiff properly excavated the land, (b) Plaintiff performed the digging to the extent possible, (c) Plaintiff performed the digging to the extent possible, and (d) Plaintiff performed to the extent possible. 27. Denied as a conclusion of law. By way of further response, Defendant was excused from future performance upon the breach of Plaintiffs as more fully stated in Defendant's Counterclaim.. 28. Denied as stated. Byway of furtherresponse, Plaintiffs failed to pay the monies owed under the contract and, therefore Defendant is excused from future performance. 29. Denied as a conclusion oflaw. By way of further response, Defendant was not in breach of the contract. WHEREFORE, Defendant requests that this Court dismiss Plaintiffs' Count III with prejudice and award Defendant fees together with interest, costs and any other relief the court deems necessary. . , COUNTERCLAIM 30. Defendant incorporates Paragraphs 1-29 by reference herein, 31. Plaintiffs have breached the contract that is attached to Plaintiffs' Complaint and marked as Exhibit "A". 32. Plaintiff Fuller signed the contract on behalf of himself and Plaintiff Yeager and bound both of them to the contract. 33. Plaintiffs agreed to pay for extras should there be any issues with rock during the excavation. 34. Plaintiffs agreed to pay for such extras. In addition, Plaintiffs agreed to pay for any change orders that were made as part of the contract. 35. On November 26,2005, Plaintiffs requested the following extras: (a) to move shed on the property; (b) trim the tree above the shed; (c) trim the trees on or near the driveway; (d) remove nine stumps from the property; and ( e) upon excavation, select out nice rocks to later build a chimney and pile the same on the property. 36. On December 1,2005, the backhoe was delivered to the property where the work was to be performed and to perform the additional work requested as stated in the preceding paragraph. 37. On December 6, 2005, Defendant contacted Plaintiffs upon discovering rock and stated that is would be billed according to the time, cost of machinery, and fuel. Plaintiffs agreed and requested that Defendant proceed with the rock removal and excavation. 38. On December 16,2005, Defendant completed the footer stage of the contract and planned to meet with Mr. Fuller the following day to discuss the extras and the inspection by Carlisle Borough in regard to the footers, along with what action should be taken. 39. Thereafter, on or about December 17,2005, Defendant met with Plaintiff Fuller who refused to pay the extras of excavating in the amount of $2,459 .00, along with the additional extras in the amount of $1,026.22. 40. Plaintiffs agreed to pay for extras associated with the contracts attached to Plaintiffs' Complaint, which includes fuel, man hours, equipment, etc. 41. Plaintiffs owe Defendant for the rental of the backhoe, fuel, dump fee, materials and stone in the amount of$2,481.l5. . ' COUNT I - BREACH OF CONTRACT 42. Defendant incorporates Paragraphs 1-41 by reference herein 43. Defendant and Plaintiffs entered into a written contract as is attached to Plaintiffs' Complaint. 44. Plaintiffs made certain verbal representations to Defendant to continue to perform certain work. 45. Plaintiffs have breached the contract and an implied agreement by failing to pay Defendant for the entire services provided under the contract. 46. As of to day's date, Plaintiff is entitled to $5,966.37 for the extra work performed for Plaintiffs, which include labor, gas, equipment, and other fees. COUNT II - OUANTUM MERUIT 47. Defendant incorporates Paragraphs 1-46 by reference herein 48. The Plaintiffs are liable to Defendant and/or have been unjustly enriched in the amount of $5,966.37. WHEREFORE, Defendant requests that this Court dismiss Plaintiffs' Complaint with prejudice and award Defendant $5,966.3 7, together with interest, costs and any other relief the court deems necessary. MARTSON DEARDORFF WILLIAMS & OTTO By &~> rL- Christopher E. Rice, Esquire Attorney LD. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ~~- ()'< Attorneys for Defendant Ronald J. Stoudt d/b/a Stoudt Construction . . VERIFICATION The foregoing Answer with Counterclaim is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correctto the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that ifI make knowingly false averments, I may be subject to criminal penalties. ~J~ Ronald J. Stoudt , . CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer with Counterclaim to Plaintiffs' Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Michael O. Palermo, Esquire ROMINGER & WHARE 155 South Hanover Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO By . Price Ten ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: 6 / 9/tJb (') ~ -c}t17 ~;:.:.; tJj -~, I..., ~:;::; :c.. C~: ~ ...., = = .,.. :x >- -< I \.D :>:>- :::t 'P. r -J ~ ~::o 8~ -1..,- :I:rl o~ ~ :> ~ OWEN D. FULLER, Plaintiff(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. TONI and RONALD STOUDT, husband and wife,: doing business as STOUDT CONSTRUCTION No. 06-1348 Defendant(s) JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANTS' COUNTERCLAIM AND NOW comes Plaintiffs, Diane Yeager and Owen D. Fuller, by their attorney, Michael O. Palermo, Esquire, and respectfully sets forth the following Answer to Defendants Counterclaim & Preliminary Objections to Defendants' New Matter and avers as follows: 1-31. No response required. ANSWER TO DEFENDANT'S COUNTERCLAIM 30. No response required. 31. Denied as a conclusion of law. 32. Admitted in part, denied in part. It is admitted that Plaintiff, Owen Fuller signed the contract for himself and Diane Yeager. It is specifically denied that a contract was signed for the additional "extras" presented in Defendants' Counterclaim. 33. Denied. By way of further answer, rock removal was not agreed to in the signed contract and therefore Plaintiffs had no duty to pay for the same. 34. Denied and strict proof of the same is demanded at trial/arbitration. 35. Denied and strict proof of the same is demanded at trial/arbitration. 36. Denied as Plaintiffs were living in Virginia at the time and are without specific knowledge as to the delivery date of said backhoe. 37. Denied and strict proof of the same is demanded at trial/arbitration. 38. Defendants' paragraph 38 appears to be a statement of what Defendant's planned to do, to which no responsive pleading is necessary. In the event a response is required, said paragraph is denied. 39. Admitted. 40. Denied and strict proof of the same is demanded at trial/arbitration. 41. Denied. By way of further answer, Plaintiffs never contracted with Defendant for said materials and labor and are under no obligation to pay for the same. 42. No response required. 43. Admitted. 44. Denied and strict proof of the same is demanded at trial/arbitration. 45. Denied. By way of further answer, Plaintiff paid the entire agreed to amount of $9,000 to defendant. 46. Denied and strict proof of the same is demanded at trial/arbitration. By way of further answer, what Defendant term "extra work" was paid for by Plaintiff in the original $9,000; any additional monies due to defendant required a new agreement which did not exist. 47. No response required. 48. Denied and strict proof of the same is demanded at trial/arbitration. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendants' Counterclaim including Count I - Breach of Contract & Count II - Quantum Meruit with prejudice. Dated: June 7, 2006 Respectfully submitted, ROMINGER & WHARE ~~:Uire 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Fax: (717241-6878 Supreme Court ID # 93334 Attorney for Plaintiffs DIANE YEAGER and OWEN D. FULLER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. TONI and RONALD STOUDT, husband and wife,: doing business as STOUDT CONSTRUCTION No. 06-1348 Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Plaintiffs Answer to Defendant's COUNTERCLAIM upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Christopher Rice, Esquire Counsel for Defendant Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Dated: June 7, 2006 Respectfully submitted, ROMINGER & WHARE " Michael O. Palermo, Jr. Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiffs DIANE YEAGER and OWEN D. FULLER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. TONI and : No. 06-1348 RONALD STOUDT, husband and wife,: doing business as STOUDT CONSTRUCTION Defendants : JURY TRIAL DEMANDED VERIFICATION Michael o. Palermo, Jr., Esquire, states that he is the attorney for, Plaintiffs in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: June 7, 2006 ~4 Michael o. Palermo, Jr., Esquire Attorney for Plaintiffs -f'1 i_:-~f o C~ c!'._ -.... ~ -.. f"...,) = (~'::> C'" c.... F-; ..:f....- o 11 :r!" me: -01' , .., ,:::; :.'; 5f.~ I -.J v _."',,.. ..;.;,., .... --~-" j r', :-.:i'+l (..J ---I ?D -< ':Y C}l o - DIANE YEAGER and avEN D. FULLER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1348 CIVIL2006 ~ v. TONI and roNAID STOUDr, husband and wife, doing business as STOUIYl' CONSTRu:TION , Defendants RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO TIlE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice ,counsel for th~defendant in the above action (or actions), respectfully represents that: 1. The above-captioned actiQp (or actions) is (are) at issue. 2. The claim of the plaintiff in the aeiion is $ 8.000.00 The counterclaim of the defendant in the action is 5, 966 . 37 The following attorneys are interested in the case(s) &s counselor are otherwise disqualified to sit as arbitrators:&.- Michael O. .Palexm:>, Jr.,_ ~sq. , .lbninger & Whare .-.-..--- WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, Respectfully submitted, MARTSOO D:F.AROOWF WILLIAMS & arm By: U-,~?'.~ ORDER OF COURT toO" , t9 _' in consideration of the foregoing petition, Esq., and actions) as prayed for. Esq., , Esq., are appointed arbitrators in the above captioned action (or By the Court, PJ. ;u ~ -- '" ~ -0 "" f:) ~ ji11I( .. .") " g ~ ~ "" t ...( ~ i ;:R.~ ~ z ::!.1 Ci') ~'~~ cb kC ~8 :i ~ ~ ~ C) N Q ~. ~! :r"'1'"i ~.~ - f)f;I'~C YOffDL ~e/. OW~ N I). ~e-L4n.. In The Court of Common Pleas of Cumberland V Plaintiff I -pAll .. ~"I.t. .s"f;141:>1j IINJi.J County, Pennsylvania No.~- /3 ", "lit ~ -.... ,(,'fH "I."~#IL .., S.;. '7 !,.,,~..... '_f? DefendantS Civil Action - Law. 1 u.,<? r I41fNf'i>U4U1'~ I Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will disch ge the duties of our office ~ ~~ Signature Signature JL&rm ~.r3m:NAJ~N Name (Chairman) SNI:IlMif.4, ~ ~Dtt-.J Law Firm M,IIt.a.l /...J'"I#"".,J Name 'f If w. /It.f~ Sh."t,t Address S,'ksl P/~1 ~1""'*1 Law Firm ~I~ ~ J~ Address . !It,,,AI.IIs L, J#_#tOf. Name 1//1-.. t 41ft M.~,; Law Firm 3' S, ~.ot 6''' Address ("",I,J/e ~ 17111) City, Zip c,.,/IWf~ 17~11 City, Zip -#: I d.l./ ~4 ,N.. */~5B5 Award -rr IOOa.~ We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) NI,i Itt#f'1d- ~ Plit ,"4Jt,H&' UiIt,";S t:f/.~;-f- t6 f)~~.IfI'IJ~ UI& 1';'iI. IAI.f:IVAC.. 4/- ~ /)y'CM~'U./'Is. 41,t( -UfI'...t r b.(ttt4'AH'ir J lIJIU. fk. tf..,MtS .., ~H ,.( "1"",.,~NJf W~ IIMIIL I~ I#//Nt. ~ I*i. PluAlh;JI~ · "'1lM#M(.ftu4 IS (7(J~S City, Zip . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: /0/11 If)' I ' Date of Award: If) /,( I'" - U Notice of Entry of Award U Now, the J(jth day of OeloMr- ,20 D~ , at 1/:1'1 , -A-.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ~qO. 00 ~~ ( Pro onotary By: Deputy , ~ {' ',,,.. '\ . , ". . .t.. . . ., 4. If" f ~ "ft. ,., ~ ... ..to....... ' ,- ') ,"\ , \ . ") "';.. CcI(ifP .. ~ .." ~,.-" 'l. , . .. J ~ ~, .., '-,l.~ to:. .. ,~'O\~ ,'(iV"'"' poJ e.f ~ , . ".p) D. Rice- I \)I~ ne.r e. I\l. ....~:..toP It> -alP u'" \D- 0 o~ . ; ., ''ItI; .. v"t;.. '"" I.. '1. '.. " ~. ' , ~. ... i .J...!, &;~ ~ ~ 4_ (X) ~L; ~8 ~ ~ == '\. ;2),...... t, ". -: \, ,,:,\. . 'I "'to ,_ ~ ill ~ ~6 ::;i -?: ~-n 6~ ~ ~ , .