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Home My WebLink About06-1777 < .. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumber land Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Otf::,. / '7 7? C...J 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. N E OF -f'PPELLANT . ood S an.ley Gn.mw ,III ~:. ~:TO~O p~Jf~ OJ;. Correal AD RESS OF APPELLANT 499 Sample Bridge Road CITY Enola STATE PA lIP CODe 17025 DATE OF JUDGMENT IN THE CASE OF (Plain/iff) 3/6/06 John Murray CV-0000020-06 -J (Defendant)' ley Grimwood, III, llANT10R ATTORNEY OR AGENT >).y.l.... T/A imwoods DOCKET No. -.'."- 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. 1008B. 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. Signature of Prothonotary or Deputy 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 PaRC.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 John Murray appellee(s). to file a complaint in this appeal Name of appel/ea(s) L._ (Common Pleas No. 0&.. / 777 t~~/) RULE: To John Mu=ay Name of appel/ea(s) "l3arbara Sumple-sulli~;" ."!'t"ea.omay or a..nl . appellee(sll~~ ~lgg~l S)ffieet.A 17010 ~upr~~""'C5ur~ 1.0. 32317 (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 oftha mailing. Date: jll/t.t.ul.. ~I ,200t. ~' / .~ ~ - ~~A.-1L',- 1<. X#. Signature of(i;tfionot ty eputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN. COURT FILE YELLOW - APPELLANT'S COPY PINK - COPY TO BE SERVEO ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE 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/he notice of appeal. Check applicahle boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : 55 AFFIDAVIT: I hereby (swear) (affirm) that I served o a copy of the Notice of Appeal. Common Pleas , upon the District Justice designated therein on (date of service) ,20, 0 by personat service 0 by (certified) (registered) mail. sender's receipt attached hereto, and upon the appellee, (name) , on --~----------_._------ ---------.. ,20 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ___ DAY OF .20______ Signature of official before whom affidavit was made Title of official My commission expires on ____._ ,20_______- b~ ~ ~ ~ ~ '- -J ~ \) ~ V \ Signature of affiant 0-, ~ ~ ~ " & ,,~& \! 0 , ~ ,,\ "" :- ~ , ~' ~ ~ l ~. f (") ...., 0 = C- ,:;:::.> 'T1 -C'''" .".. .,::.~ -- -l... --l -, ::n>>o r:iI! ~ 'T,M:; l'0 '"nO -.J >-') t ..::J~/ -0 n -n ::1:: ~~,; C'") -~::~: rn (~) (_.' --I "1>- 0 ::0 "" -< it . -, COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBEIilLAJID NOTICE OF JUDGMENTrrRANSCRIPT CIVIL CASE 09-2-01 PLAINTIFF: lJroJuu.y, JOB 2320 LORGS GAP RD CARLXSLE, PA 17013 NAME and ADDRESS -, Mag. Dist. No.: MDJ Name: Hon PAULA P. COVVR~ Add"" 2260 SPllXRG RD SUXTE #3 CARLXSLE, PA L -.J VS. Teleph"e (717) 218-5250 17013-0000 DEFENDANT: NAME and ADDRESS Ig11XMWOOD XU, STARLEY 499 SAMPLE BllXDG RD T/A GllDlWOODS MABORRY ~OLA, PA 17025 -, STARLEY GllXMWOOD XXX 499 SAMPLE BllXDG RD T/A GllXMWOODS MABORRY DOLA, PA 17025 Docket No.: CV-0000020-06 Date Filed: 2/02/06 -.J . THIS IS TO NOTIFY YOU THAT: Judgment: I!'om. PLA:rJIT:r1!'1!' [iJ [iJ Judgment was entered for: (Name) IIITD'D a. v ,TnllV Judgment was entered against: (Name) alZTIlllnOD TTT _ ATA'NT.RY in the amount of $ !; 474 00 on: (Date of Judgment) ::I lo/;lo/; o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to Attachment/42 Pa.C.S. 9 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 5.852.00 Judgment Costs $ 122.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 5,974.00 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 JUDGMENTrrRANSCRIPT 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. 31 u I t'{o Date c&J:-~~-€ , Magisteri~1 Di~trTct Judge s containing,the judgment. ~.. ' , Magisr~ril1l District Judge Icartify th tthis is a true a 3 ;)7 00 Date My commission expires first Monday of January. 2012 . <SEAL AOPC 315-05 DATE PllXRTBD: 3/07/06 11:02:38 AM . , ~ ""'1;'" fl .~' "-> C:::, t.2:J Cr-'> o .. :t1.." r11=. :p~ .dC' (~~(l) ~~~) ~~ den :~ ::0 -< ~ ;:u I W ::::? (.~ -""' 0'\ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of seNice MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSY,LVANIA I COUNTY OF c.. u..~'aJIr'b f'(.J ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served . a copy of the Notice of Appeal. Common Plea<Qao(" -lJJ1pon the District Justice designated therein on (dale of service) 3 , a<is' ' 20~, 0 by personal service. by f'e"I11~(registered) mail, sender's receipt attached hereto, and upon the appellee, (namer::sD~.... ~ \\ ,('O-Y___' on 3).'cl. ~ ' 20 J) ~ 0 by personal service . by ~(registe'\'d) mail. sender's receipt attached hereto, (SWO~~.MEDJ. .... .'.A. ~BSCnIBED BEFORlQME THIS' . -t~y;I~C~_ ,200 . or ignatu'!tref.'6ffic1al before whom affidavit was made /4v;t2Ilj /!u,,f/'C {(/I~ ,20 {J /, I c/..r::uu~ d fi.'t!:/1 S'gnatoroo'affiao' Title of official / My commission expires on NOTARIAl. SEAL IlARllARA SUMPLE-5UlUVAN Noloiy PublIc NEWCUM8ERlAND BOROUGH CUMBERLAND COUNlY Mv CommbslOn Explre. Nov 15. 2007 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 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 \ N~eOF O.J. ADDRESS OF APPELLANT 1 I MAG; rn~T. NO. CITY STArE ZIP CODE DATE OF JUOGMENT IN THE CASE OF (Plaintiff) (Defendant)' DOCKET No " SIGNATURE OF AP!"ELLANT OR ATTORNEY OR AGENT , t' -..,.",'~ -j This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.O.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. rhis 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. S,gnalure of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sectJim 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 appellee(s). to file a complaint in this appeal Name of appe(fee(sj (Common Pleas No. ) within twenty (20) days after serviCjl of ruJe or suffer entry of judgment of non pros. S;fln;MU~e of app8llant or attorney or agent /iJfJme of 8f:1P91/ee(sj! (1) You are notifi~ that a rule is herebyent.ei'ld 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. . appellee(sh, ......:,.C-l< RULE: To (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: '. AI ! ,20 Signature of Prothonotsry or Deputy YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COpy PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE . U.S. Postal Service"., CERTIFIED MAIL" RECEIPT . Domestic Mai' Only; No Insurance Coverage ProvIded) I'- '" ru CT' rn I'- ".. '" t,$!llStE p~ 17en Postage $ ru o o o Return Receipt Fee (Endorsement Required) o Restricted Delivery Fee D""' (Endorsement Requkecll '" ru -;'r,' I)J) /. Q. \. ~:~ i.:>.. 1.1 r:ofO.t:" "~. \. ~~: '):\ ~ '~~ g;} .."".\ ~.~ P ':!f.o~OO.'. .c,' Total Postage & Fees $ H.6t;. "Y" U~'pS \ ".. g tJnto 0'-::'\{';( ~-L\S 'L~ \\'--v.\C....., , _,__. I'- ~~;t::toO:':::~~i~:'5'\;~:':;;~\~~[:S::;:~~.~.. ciiv;'siBi.'"iii"4 t., \ \\",\Q. ,)1\ \'\el 2.. Certified Fee $2,40 H,8~; ~.o,oo See Reverse for Instructions PS Form 3800, June 2002 $ '" . . .. ~ 'i c" 0 ~~ 15 DO ~ o c3 <D ,; <D ~ g :'ii <D '0. e'<i ~,;g oi!:!:C\)O ".~-~ >(1) ~ .<= i 59~l1 <.!l,,'8 o'E M~~~tj.... "z:R~l'l1i \ii';;1l<;::.111'1 NO"o......E. ...:ia~g~ cnB~c~:: ~tirn~o~ :!:::Q>cd)c/l.E: !~:S~~! ..Ql:.- 0 't:i;.c...... Q....q~J::oc EFc~"O 8 ai'" 0;;; ~ ;t;:Q..(I)_U . . . ~~ 00 ~ i/!. ~l'. i $\' 1". ". ~ '6 ~". n' ,," " " . . ",<0: . ., ~(/) ow " >- .!!!!;: o --) <J c,) .~ " j ~ ':..J <;. J , ":Jr,. 1/" .. I' ! g ~ J -g J / . ~} ~ - " y .~ II .->-- r/ ~ t\' U . ~c ~ l\ '6 :;!" g -, ......'SI 6"\'1 e' . l' .'i81 doo ~ . ~ ~ ~ .::; ~::; ~ c.!l ." " ~!E ~ ~ ~ nrI1 i sooo 0: ,---- ----. ,; ~ () r) ~ c:. c ~(lc., ( , -' 7;....~ .,.; , .-' ..[Ip 0/ / !.J'..-' ...9 --:, ~ d ~'J rf. . r ....J * :! ~ ~ ..; I'- '" ru CT' (Tl I'- ".. '" ru o o o o CT' '" ru 1i. .~ 0: E , :! U 1 E & ".. o ~::2 ~ \ c; 'i 1\1 ~ ~ i !. g ~ ,.. s ~ ;;; Z ~ '" ~.! 8 'i t:. u. (/) a. oi U.S. Postal Service," CERTIFIED MAil," RECEIPT (Domestic Mail OnlYi No Insurance Coverage Provided) o I'- ru CT' rn ['- ".. '" l;UJ l(~<,-;}~lAA;-::~ "- j}4/...,"~ark ''''\ j'/H,"e.'q.,\" \ '" "~'.I i..'~ ~G\\RJ I c, , \,'-1 .'J/';),"} TotalPostage&Fees $ H.64 l}tx:[2l:i~---,:()"./S':i'1 =r "~',)'t)c:., o sent o. .~'\ '"'\ _r ::2 . .........\.\:\(,...,),(;)":'0...:1....."".'..'.:.':+.12'.........,/..,... ~:~:~:;i~?-:G}~~:C~~;~;-b~~~"'''! ru o o o Postage $ CertiliedFee Return Receipt Fee (Endorsement Required) DR.""".., DeUve<y F.. rr (Endorsement Required) '" ru :t1 ~li :Jt .:0 o (~. 0, " Q) ,; Q) l!1 g <;j <D .- _ '" a. g--g l!' ,;~ 8.!= ~ g, <D 8J..... o.t:: g-cl::.........ui ~.!l i~~g '2i:g U 1i laa:;ca.....1D8 C\iO-g E;5 X ~-gn1i.E(J) 0tl<!! 'P.... F'''~fiiaE ilit<"""2 .t: as ~ IV CIl_ l1)a:...~:clD <;j",;< ~.<= -. >.1::: L:- Q.~ ". 0 c EEE5l'lo 8~if~<:o . . . EXHIBIT "A" :;;0 $.1.40 $1. 8.5 ~.o.oo .. . 0 ~z 00 $ '6 " . ~ ~ . ::; 0 ., s. _P- .- . ~ ~ i ~ q ! ~:! 3 ! 000 ~ ~ ~ ! ~ .15 =a ::;1ii::; hh It) 1i ~ iil .~ 0 a: .E JJIfOD ci en ...t - .j J j ./- ) rf' -- !.J r --- ., ,.. .J .j F'/r o -,..' C r,.. ~T - --' .." ./ ~ LJ v ({--;' .r; ') , J -t 'J ~ ~ / 'r '". (:) ,f" Iii . o l. : f ,.. ~ :i: '" .. ~ o I'- ru CT' (Tl I'- .:r '" ru CI CI o o CT' '" ru 1i. ~ e ~ .0 ii E & .:r o o ['- 8 J N ! i ! d;:: , - ~ ~~ jj ~ 8 'it:. ... (/) oi a. JOHN P. MURRAY and KIMBERLY A. MURRAY, Husband and wife Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 06-1777 Civil Term vs. STANLEY GRIMWOOD, III, Individually and as agent for and t/d/b/a GRIMWOODS MASONRY, and its suceessor in : CIVIL ACTION - LAW Interest, GRIMWOODS MASONRY AND HARDSCAPES, : INC., A Pennsylvania Corporation, : Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN CDURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Q,mplaint and Notice are served, by entering a written appearance personally or by anomey and filing in writing with the Q,urt 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 Q,urt without further notice for any money claimed in the Q,mplaint 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR 1ELEPHONE TIIE OFFICE SET FOR1H BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP. CUMBERLAND CDUN1Y BAR ASSoaATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 1-800-990-9180 or (717) 249-3166 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. S71S0 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS JOHN P. MURRAY and KIMBERLY A. MURRAY, Husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 06-1777 Civil Term vs. STANLEY GRIMWOOD, III, Individually and as agent for and t/d/b/a GRIMWOODS MASONRY, and its successor in : CIVIL ACTION - LAW Interest, GRIMWOODS MASONRY AND HARDSCAPES,: INC., A Pennsylvania Corporation, : Defendants COMPLAINT NOW CD:ME the Plaintiffs, John P. Murray and Kimberly A. Murray, by and through their anomey, Nathan C. Wolf, Esquire, and in support of their claims avers the following: 1. Plaintiffs John P. Murray and Kimberly A. Murray are adult individuals residing at 2320 Longs Gap Road, North Middleton Township, Cumberland County, Pennsylvania 17013. 2. Defendant Stanley Grimwood, III, is an adult individual who maintains an office and place of business at 499 Sample Bridge Road, Enola, Cumberland County, Pennsylvania 17025, hereinafter referred to as "Grimwood". 3. Defendant Grimwood, at times relevant hereto, maintained a business operation which was traded and doing business as Grimwoods Masonry, which was an unincorporated business entity, which Defendant Stanley Grimwood, III owned and operated and which entity maintained a business address of 499 Sample Bridge Road, Enola, Gunberland County, Pennsylvania, 17025, hereinafter referred to as Defendant "Grimwoods Masonry". 4. Defendant Grimwood's Masonry and Hardscapes, Inc., is a Pennsylvania Corporation which maintains a registered office at 499 Sample Bridge Road, Enola, Cumberland County, Pennsylvania 17025, and which is the successor in interest to the business operations of Defendant Grimwoods Masonry, hereinafter referred to as "Grimwoods, Inc." 5. On or about September 6, 2002 Plaintiffs and Grimwood entered into a written agreement for Defendant to provide masonty selVices to Plaintiffs whereupon Defendant Grimwoods Masonry was to install a stone veneer to exterior portions of Plaintiffs residence (hereinafter "Residence"). A copy of said agreement is attached hereto as Exhibit " A". 6. Plaintiffs were to pay the sum of $5,852.00 in exchange for the completion of the installation of the stone veneer. 7. Plaintiffs' payment in full was received by Defendants in two payments consisting of $3,000.00 on September 6, 2002 and $2,852.00 on September 23,2002. 8. Defendants work was completed on or about September 23,2002. 9. The installation of the stone veneer called for the Defendant to prepare and install L&S Buckstown Rubble Stone to approximately216 square feet of surface area on chimneys on the house and approximately 286 square feet of surface area on the exterior walls of the garage. COUNT I - BREACH OF CONTRACT 10. Paragraphs one through nine are incorporated herein as if set forth at length. 11. Defendants' agreement called for the installation of stone veneer in a good and workmanlike fashion. 11. Defendants' agreement likewise called for Defendants to prepare the surfaces and to install the stone in accordance with standard practices. 13. Defendants failed to properly prepare the surface for installation by failing to pressure wash the existing surfaces prior to installation, according to the stone manufacturer's installation instructions. 14. Defendants failed to properly install a concrete wash or a mortar wash or a cap stone at the upper-most level of the stone veneer, in accordance with the manufacturer's installation instructions. 15. Defendants' failure to install said wash or cap has allowed water to infiltrate the area between the mortar and the surface to which it was applied. 16. Defendants likewise failed to properly install the stone veneer on the garage wall of the property, and failed to maintain an appropriate border between the ground and the bottom of the stone, causing groundwater to be absorbed into the mortar around the stone veneer and causing said stones to be loosened and ultimately to break free of the wall. 17. Said failure on the part of the Defendants is contrary to the installation instructions propounded by the manufacturer. 18. Upon information and belief, Plaintiffs aver that said infiltration has caused the stones to come loose, and in some cases, become detached from the building entirely. 19. Plaintiffs contacted Defendant repeatedly concerning the problems that they have experienced since approximately six months after the work was completed, or approximately April 2003. 20. Defendant has denied responsibility for the defective work and the problems that the Plaintiffs have experienced on the basis that he was not responsible for the effects of freezing and thawing. 21. Plaintiffs believe and therefore aver that the failure of Defendant to properly prepare and install the stone veneer, and the failure to properly finish the tops of the chimneys and the bottom of the wall of the garage was direct the cause of the loosening of the stones and not the effects of freezing and thawing. 22. Plaintiffs believe therefore that Defendant breached llls contract to provide llls services in a good and workman1ike fashion. 23. Plaintiffs believe that as a direct result of the breach of the Defendant, that Plaintiffs will have to incur substantial costs to replace or reinstall the stone veneer properly and that Defendant should be held responsible for said costs. 24. Plaintiffs therefore demand judgment in the amount of $5,852.00 together with costs of litigation. WHEREFORE, Plaintiffs respectfully requests the Court enter judgment in favor of Plaintiffs and against Defendant and to award Plaintiffs damages resulting from the breach of contract of the Defendants in the amount of $5,852.00, along with costs of litigation, attorneys fees and any additional relief that the Court may deem appropriate and just. I>ated:llpril~,2006 an C olf, Esquire es igh Street C . e, Pll 17013 Supreme Court I.I>. No. 87380 (717) 241-4436 lltromey for Plaintiffs ',' ..^! c.~ LI ~- (-'1-'1 ! :)':) 'I -- i '- . )-q~ GRIMWOODS MASONRY WE ACCEPT STANLEY H GRIMWOOD III VISA AND MASTERCARD 499 SAMPLE BRlDC3E RD PHONE: 795-8000 PHONE: 795-8000 ENOLA PA 17025 FAX. 795-1870 .................................. '!JIEA~;:RITEIE.().Jl'LIHLINIEBLQCKJN12j,;Q/Yk'RUE" PAY.J:&1J:NT;[N,STIWI1LIQ INSTA!.LA/.J..jiA8DS~APE eAffMBY.T-2jl/';!{LfJCd/.J.~(!NJIS> ESTfMA TE September 05, 2002 TO: JOHN & KIM MURREY 2320 LOW;S GAP RD CARLISLE PA 17013 We are pleased to submit the following bid.' Job Description: STONE ON CHIMNEYS AND GARAGE I COST ,. .._---,- '-- -------.-------,----------..--...-- ,--...-----".--- ----...-----...-....----....----- - -.-- ,- --.- I "..-- PREP AREA, SET UP SCAFFOLDING ----. PARGE AND SCRATCH AREAS AS NEEDED f'OR STONE APPLICATION CHIMNEYS: 24'H X 16 X 16 (APPROX 101 SO FT) & 12' PEAKED TO 6' (APPROX 115 SOFT) - GARAGE AREA 28' X 75' & 21' X 7.5'-18" fAPPRClX288 SO FT) - r------~- ~PPLY L&S BUCKSTOWN RUBBLE STONE GROUT IN JOINTS '. . OB CLEAN UP - . -- ---,' -- - .:,'/1-10 r) " (,.'7 .-c''0 - l',,::.t 'J' "") 0:::0 . ("'() - r., ".-"? ' I .. y::;;.:t';- L.-, :;'-/ ~~:,.zr..., - ","'C. ,- ~' propose to furnish material and labor- complete in accordance with above specification for the sum of: $5,852.00 DESCRIPTION T M ~ ..... .:(1 d o -- M "~ ,,-- c; "-- PAYMENT SCHEDULE 112 AT COMMENCEMENT, & 112 AT COMPLETION Perrnits to be obtained bS others. All material is guaranteed to be as ~peciiied. All wOl'k is to be completed in a workr:anlike marm",: according to standard practices. AnS alteration or deviation fl":'rn above I~ i:::h",,J Z '12 Co OC 'i.~peC'mcatlOHg mvolvmg extra COf..'ts W111 be executed only upon 'Wl'ltten ordet's, and ,^"ll become /J- I. an extra charge over and above the estimate. all agreements contingent upon strikes, accident..:;:, or dela~ beyond our control. Owner to ca1T1j fire, flood and all other necegsar'Y insurance Our worl~ers a.re fun~"] covered b'.::] workmenlg compensa.tion Insurance. In the event Gl'imwoods Magonr'j is forced into litigation prol"npted by non-payment of contract, Grimwood.g Inasom"J shan be en-titled to fun reirnburgernent of contract phlS interest and all reasonable legal expenseg, Grirnwoodg masonry ig not responsible for damages cauged by gettlernent or freezing and thawing. This proposal rnay be withdra.vvn }-", ..... l~~~' 30 d;31:ls. -/-, Authorized signatur Acce tane of ro osal: The above prices, specifications, and conditions are satisfactory and her You are authorized to do work as spedfied. payment will be made as OL J We SIGNATURE I DATE 1- ~ GRIMWOOD MI\SONRY & HI\RDSCAPE DESIGN WI\LKWAYS,STEPS, CONCRETE, DRIVES, BACKHOE,EXCAVI\TION '" "'7 I~ VISI\ & MASTERCI\RD 795-8000 Cf,..:v1161T A BRICK,BLOCK,STONE, PONDS WATERFI\LLS, RETl\lNiNG WALlS,PATIOS VERIFICATION I, the undersigned, hereby verify that I am a plaintiff in this action and that the facts stated in the above Complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. GS. Section 4904, relating to unsworn falsification to authorities. 4(16'- \~ ,2006 ~~" ~ II-ffl'i 1'1,2006 NATHAN C. WOLF, ESQUIRE ATrORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATrORNEY FOR PLAINTIFFS JOHN P. MURRAY and KIMBERLY A. MURRAY, Husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 06-1777 Civil Term vs. STANLEY GRIMWOOD, III, Individually and as agent for and t/d/b/a GRIMWOODS MASONRY, and its successor in : CIVIL ACTION - LAW Interest, GRIMWOODS MASONRY AND HARDSCAPES,: INC., A Pennsylvania Corporation, : Defendants CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the date indicated below, I caused the foregoing Complaint to be served upon the Defendant's counsel, bymaiIing a copy to the following person, concerning the above matter, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Attorney for Defendants Dated: April 17, 2006 (" " / (--) ......... o Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 JOHN P. MURRAY and KIMBERLY A. MURRAY, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1777 Civil Term STANLEY GRIMWOOO, III, Individually and as agent for and Vd/b/a GRIMWOODS MASONRY, and its successor in Interest, GRIMWOOOS : MASONRY AND HARDSCAPES, INC., A Pennsylvania Corporation, Oefendants CIVIL ACTION - LAW NOTICE TO PLEAD To: Mr. John P. Murray and Mrs. Kimberly A. Murray Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, P A 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dated: May 3, 2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendants Barbara Sumple-Sullivan, Esquire Supreme Court #323 17 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JOHN P. MURRAY and KIMBERLY A.MURRAY, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1777 Civil Term STANLEY GRIMWOOD, III, Individually and as agent for and t/d/b/a GRIMWOOOS MASONRY, and its successor in Interest, GRIMWOODS : MASONRY AND HARDSCAPES, INC., A Pennsylvania Corporation, Defendants CIVIL ACTION - LAW ANSWERS OF DEFENDANTS TO PLAINTIFF COMPLAINT WITH NEW MATTER 1. Admitted. 2. Admitted with the clarification that Stanley Grimwood no longer individually operates a masonry business. 3. Admitted. 4. Admitted in part. Denied in part. It is admitted that Grimwoods Masonry and Hardscapes, Inc. is a Pennsylvania Corporation. It is denied that it is a successor in interest to Grimwoods Masonry. It is averred that Grimwoods Masonry and Hardscapes, Inc. is a separate, recently formed corporation which has no liability and assumed no responsibility for prior contracts performed by Stanley Grimwood doing business as Grimwoods Masonry. 5. Admitted. 6. Admitted. 1 7. Admitted as to Defendant Grimwood Masonry. Plaintiffs have had no contractual association with Defendant Grimwoods, Inc. 8. Admitted as to Defendant Grimwood Masonry. Plaintiffs have had no association with Oefendant Grimwoods, Inc. 9. Admitted. COUNT 1: BREACH OF CONTRACT 10. Paragraphs 1 through 9 are incorporated herein as if set forth in length. II. Denied as stated. The agreement required the work to be completed in a workmanlike manner according to standard practice. The contract is a writing which speaks for itself. 12. Denied as stated. It is denied that the contract required the Defendant Grimwoods Masonry to prepare the surfaces and to install the stone in accordance with standard practices. The contract is a writing which speaks for itself. By way of further answer, it is averred that the surface was prepared in accordance with the manufacturer's guidelines. Defendant Grimwoods Masonry and Hardscapes, Inc was under no contractual obligation nor perfonned any work for Plaintiffs. 13. Denied. It is denied that Defendant Grimwoods Masonry failed to properly prepare the surface for installation. It is denied that pressure washing was required by the manufacturer's installation instructions. Defendant Grimwoods Masonry and Hardscapes, Inc. was under no contractual obligations nor perfonned any work for Plaintiffs. 14. Admitted in part. Oenied in part. It is admitted that Oefendant did not install concrete wash, mortar wash or cap stone. It is denied that same were necessary because the seal to 2 the existing, sound cap was complete and installation of a cap was never part of the parties' contract. Defendant Grimwoods Masonry and Hardscapes, Inc. was under no contractual obligation to Plaintiff and performed no work for Plaintiff. 15. Oenied. Oefendants' response to paragraph 14 is incorporated herein by reference. By way of further reference, any problem which has occurred was the result of freezing and thawing, which conditions were specifically excluded from the parties' contract. 16. Oenied. It is denied that Defendants failed to properly install the stone veneer on the garage wall, or failed to maintain an appropriate cover between the ground and the bottom of the stone. It is averred that a cosmetic mortar expansion joint was installed at the bottom of the walls. It is averred that the installation was in accordance with good workmanlike procedures and the L&S Manufacturer's requirements. It is denied that Defendant Grimwoods Masonry and Hardscapes, Inc. was under any contractual obligation to Plaintiffs nor performed any work for Plaintiffs. 17. Denied. It is denied that the installation was contrary to the installation instruction propounded by the manufacturer. By way of further answer, Defendant's answer to paragraph 16 is included herein by reference. 18. Oenied. It is denied that the installation was improper and that the infiltration from an improper installation resulted in the stones coming loose or detached from the building. Proof of same is demanded at hearing. 19. Denied. It is denied that Plaintiffs contacted Defendants since April, 2003. The first notice of any problem received by Defendants was the swnmer of2004. 20. Admitted. 3 21. Denied. It is denied that Defendants failed to properly finish the tops of the chimney or the bottom of the walls. It is further denied that this caused the loosing of stones. Proof of same is demanded at hearing. 22. Denied. After reasonable investigation, Defendants are without knowledge as to the belief of Plaintiffs and proof thereof is demanded at trial. 23. Denied. After reasonable investigation, Defendants are without knowledge as to the belief of Plaintiff and proof thereof is demanded at trial. By way of further answer, it is averred that Plaintiff has failed to plead any present costs of repair or item of damage. 24. Denied. It is denied that Plaintiffs are due any costs for damages. It is further specifically denied that Plaintiffs are entitled to refund of the entire contract sum. WHEREFORE, Defendants request judgment in their favor. NEW MATTER 25. Defendants responses set forth in paragraph 1 through 24 are incorporated herein by reference. 26. Defendants Grimwood Masonry's contract with Plaintiffs specifically indicates that: "Grimwoods Masonry is not responsible for damages caused by settlement or freezing and thawing." 27. Any problems experienced by Plaintiffs is the direct result of freezing and thawing. 28. Any problems experienced by Plaintiffs is the direct result of shifting of the existing foundation. 29. Plaintiffs have failed to maintain the construction with appropriate sealers. 4 30. Plaintiffs have failed to mitigate their damages by securing repair of the problems which they may foresee occurring. 31. At no time had Plaintiffs contracted with Defendants to erect a stone cap. WHEREFORE, Oefendants request judgment in favor of the Defendants. Dated: May 3, 2006 5 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendants Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JOHNP. MURRAY and KIMBERLY A. MURRAY, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1777 Civil Term STANLEY GRIMWOOD, III, Individually and as agent for and t/d/b/a GRIMWOODS MASONRY, and its successor in Interest, GRIMWOODS : MASONRY AND HARDSCAPES, INC., A Pennsylvania Corporation, Defendants CIVIL ACTION - LAW VERIFICATION I, STANLEY GRIMWOOD, III, Individually and as agent for and t/d/b/a GRIMWOODS MASONRY, and its successor in Interest, GRIMWOODS MASONRY AND HARDSCAPES, INC., A Pennsylvania Corporation, hereby certifY that the facts set forth in the foregoing Answer to Complaint are true and correct to the best of our knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A..4904 relating to unsworn falsification to authorities. DATED: /Jrt'" '/7(} ,2006 AfL4 11-,4 STANLEY GRIMWOOD, III, Individually and as agent for and t/dlbla GRIMWOOOS MASONRY, and its successor in Interest, GRIMWOOOS MASONRY AND HARDSCAPES, INC., A Pennsylvania Corporation "'" <- .> Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 JOHNP. MURRAY and KIMBERLY A. MURRAY, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1777 Civil Term STANLEY GRIMWOOD, III, Individually and as agent for and Vd/b/a GRIMWOOOS MASONRY, and its successor in Interest, GRIMWOODS : MASONRY AND HARDSCAPES, INC., A Pennsylvania Corporation, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certifY that on this date, I served a copy of the foregoing ANSWER, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, P A 17013 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendants DATED: May 3, 2006 ('') '('" ~ l(';~\. -'~~, ',,-:. <-;1" --" '-);-,$ \' \x\ ~,~' \.....; ~ .;,.--1' .',(). ',:,;' ";"I~:::" '>\;:-(1 .)' <_\ >'0 -:7- \ v> --<l -:;"~ <? 1"'. ,y : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. MURRAY and KIMBERLY A. MURRAY, Husband and wife Plaintiffs : No.: 06-1777 Civil Term VS. STANLEY GRIMWOOD, III, Individually and as agent for and t/d/b/a GRIMWOODS MASONRY, and its successor in : CIVIL ACfION - LAW Interest, GRIMWOODS MASONRY AND HARDSCAPES,: INC., A Pennsylvania Corporation., : Defendants REPLY TO NEW MATTER AND NOW COME the Plaintiffs, John P. Murray and Kimberly A Murray, by and through their attorney, Nathan C. Wolf, Esquire, and set forth the following reply to the new matter filed by the Defendants: 25. No response necessary. 26. Denied as stated. The contraCt is a writing that speaks for itself. Byway of further response, it is specifically denied that the problems were the direct and sole result of freezing and thawing. On the contrary, Plaintiffs maintain that the failure to properly prepare the surfaces and to recommend the proper materials for completed installation was the cause of the water infiltration which ultimately resulted in the damages suffered. 27. Denied. It is specifically denied that any problems experienced by Plaintiffs are the direct result of freezing and thawing. Plaintiffs incorporate by reference paragraph 26 hereof. By way of further response, Plaintiffs aver that if the stone veneer was installed in accordance with the . manufacturer's specifications, that the stone veneer would not have failed to adhere to the wall surfaces. 28. Denied. It is specifically denied that any problems experienced by Plaintiffs are the direct result of shifting of the existing foundation. On the contrary, Plaintiffs aver that if the stone veneer was installed in accordance with the manufacturer's specifications, that the stone veneer would not have failed to adhere to the wall surfaces and there is no evidence which suggests that the existing foundation has shifted and strict proof thereof is required at trial. 29. Denied as stated. Plaintiffs were not informed by Defendants to use any sealer products to protect against water infiltration on the stone veneer installed by Defendants, despite Plaintiffs numerous complaints about the condition of the stones since the problems were first discovered. By way of further response, it is denied that Defendants ever suggested a sealer product be used except to make the stones appear wet or glossy. 30. Denied. Plaintiffs made efforts to mitigate their damages and had repeatedly attempted to have Defendants return to their home to correct the problems and Defendants continuously delayed the return to the site for various disingenuous reasons. 31. Denied as stated. Plaintiffs at all times relevant hereto relied on the expertise of the Defendants to properly install all required aspects of the stone veneer in accordance with the manufacturer's installation instructions. Had Plaintiffs known the effect of the stone cap or the concrete wash, Plaintiffs would have agreed to have Defendants install the same. WHEREFORE, Plaintiffs respectfully requests the Coun enter judgment in favor of Plaintiffs and against Defendant and to award Plaintiffs damages and any additional relief that the Coun may deem appropriate and just. Dated: May.2r.. 2006 . W Esquire Street arlisle; A 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiffs . . VERIFICATION I, the undersigned, hereby verify that I am a plaintiff in this action and that the facts stated in the above Reply to New Matter are true and correct to the best of my infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. Section 4904, relating to WlSwom falsification to authorities. P77J 23 ,2006 /~ John P. MUlTaY ~ 23,2006 k'~ f-~ Kimberly A. Miarnty NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE P A 17013 (717) 241-#.36 ATTORNEY FOR PLAINTIFFS JOHN P. MURRAY and KIMBERLY A MURRAY, Husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 06-1777 Civil Tenn vs. STANLEY GRlMWooD,lII, Individually and as agent for and tI d/b/ a GRlMWooDS MASONRY, and its successor in : OVlL ACTION - LAW Interest, GRlMWooDS MASONRY AND HARDSCAPES,: INC., A PeIUlSylvania Corporation, : Defendants CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the date indicated below, I caused the foregoing Complaint to be served upon the Defendant's counse~ by mailing a copy to the following person, concerning the above matter, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street NewCumbedand, PA 17070 Attorney for Defendants WOLF & WOLF Dated: May 2/:2006 (") ...., '"'l = f; C,,? 'T1 "" -.,.". ~.." .,.).,~ ".. -< f11p l'-) -':Jm -FJr) -""' ".'),1 t~) ---,' " ~ i:~5 :J) -- <~ (; - sam en 55 en '-<