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HomeMy WebLinkAbout07-0081I `' 0`'7 V G : of t 4-cc , COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland 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 Magisterial District Judge on the date and in the case referenced below. ?Washco?- Carlisle Crossing 109-3-03 I ..,Susan K, Day ADDRESS OF APPELLANT CITY STATE ZIP CODE c/o AFC Realty, Inc. 111 West 57th- Street, New York NY 10019 DATE OF JUDGMENT (Plaintiff) en an 12/12/06 Heberlig, Jody M. Washco-,Carlisle Crossing CV-0000269-06 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 Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT C. Hixenbaugh, Atty. for Aipellant was Claimant (see Pa. before a Magisterial District Judge, 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Jody 11. Heberlig Name ofappellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. (S 7 ?? Uy, ?,,?) within twenty (20) a service of rule or suffer ent of judgment of non pros. U V Signature of appellant or atto n or ag nt Suz?tKh Hixenbaugh, Atty. for A15pe11 RULE: To Jody M. Heberlig appe)lee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: / .24 4 / GG(.l?t.Gt 4?-af?? nature of Proth otaryor Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 ? a L N cat Sm o ? * COMMONWEALTH OF PENNS\ ' VANIA COUNTY OP- CUMBERLAND Mag. Dist. No.: 09-3-03 NOTICE OF JUDGMENT/TRANSCRIPT . AVIL CASE PLAINTIFF: NAME and ADDRESS rEEBERLIG JODY S , 373 YOBS RD CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS f*ASHCO-CARLISLE CROSSING ? 1423 DUAL 1119EMY APT/STE 21A HAGERSTOW, MD 21740 L J Docket No.: CV-0000269-06 Date Filed: 9/26/06 MDJ Name: Hon. SUSAN X. DAY Addms: 229 KILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 WASHCO-CARLISLE CROSSING 1423 DUAL HIGHifAY APT/STE 21A HAGERSTOWN, MD 21740 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGIKIT PLTF (Date of Judgment) 12/12/06 Judgment was entered for: (Name) HEBERLIG, JODY K ® Judgment was entered against: (Name) MASHCO-CARLISLE CROSSING in the amount of $ 1, 703.5 Defendants are jointly and severally liable. 0 Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment142 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,620.00 Judgment Costs $ 83.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,703.50 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 JUDGMENTITRANSCRIPT 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. 2,- / -2.--6 Date \ I certify that this is a true d corre copy of the reco d of Date J , Magisterial District Judge proceedings containing the judgment , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-06 DATE PRINTED: 12/13/06 9:15:00 AFL N_ ?y EEE rrr !!! ' V t7 F A? 10 N Z cn O • 4" PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT' I hereby (swear) (affirm) that I served Q a copy of the Notice of Appeal, Common Pleas 07-81 , upon the District Justice designated therein on (date of service) January 5 , 20 07 , ? by personal service N by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Jody M.. LLHeberlig on ran„arv 5 , 20_Q3 _ ? by personal service Q by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20007 signature of official ore whom affidavit was made Title of official My commission expires on 20_ KLISL BLIC CARLISLOUNTY MY COMM10, 2009 05io Signature of 1 t .. LA3 go Er Cr M Postage $ Sy C3 fi F 2U46 1cP. 9. ee Certi ed C7 Return Receipt Fee 0 (Endorsement Required) .+ C3 Restricted Delivery Fee sQ, Q O (Endorsement Required) ?.v C3 Total Postage 6 Fees ^ \C, 7 N Sent To Jody M. Heberlig ,a 0 •- Street, Apt No.; or PO Box No. 373 ----•-•---•-•-- York Road •-•-------------- ---------- ,, -•----•----- ---- ...... ---.... citysrare,zrP+a Carlisle, PA .... --••--•----.....- 17013 ra 1~ a 0 0 Postage $ 3y M Certified Fee 2.40 Q r" -Post mac!{ > Q Return Receipt Fee (Endorsement Required) 1•85 { _` tre aalC+???` Q M Restricted Delivery Fee D Q (Endorsement Required) <.t- ? Total Postage & Fees $ 4.64 Ln nt Sent To Susan K. Day, MDJ a ---------------------------- street,AP'No.; 229 ------------------------- Mill St., -------------- P. 0. ---------------------- Box 167 I:3 or PO Box No. r- City Sta{e, ZIP+4 Mt. Holly Spri . ------- ngs, PA 17065 -r 0 C?. ORIGINAL JODY M. HEBERLIG, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WASHCO-CARLISLE CROSSING, Defendant No. 07-81 CIVIL TERM 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 the 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 OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: 717.249-3166 or 800.990.9108 JODY M. HEBERLIG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-81 CIVIL TERM WASHCO-CARLISLE CROSSING, LLC Defendant PLAINTIFF'S COMPLAINT AND NOW comes the Plaintiff, Jody M. Heberlig, by and through her attorneys, William C. Costopoulos, Esquire, and Leslie M. Fields, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represents as follows in support of this Complaint: Background Allegations 1. Plaintiff, Jody M. Heberlig, is an adult individual residing at 373 York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Washco-Carlisle Crossing, LLC, is a company engaged in the construction business with a main office located at AFC Realty, Inc., 111 West 57`x' Street, Suite 520, New York, New York 10019. 3. Defendant is the developer of a commercial center known as Carlisle Crossing in South Middletown Township, Cumberland County, Pennsylvania. 4. In conjunction with the development of the project, Defendant agreed to -1- make and undertook certain road improvements with South Middleton Township in the vicinity of the project. 5. Plaintiff's property at 373 York Road was impacted by these certain road improvements. 6. On or about January 12, 2005, Plaintiff and Defendant executed a "Construction Access and Restoration Agreement" which encompassed the making of these certain road improvements that would impact on the Plaintiff s property. A copy of the agreement is attached. 7. In late September/early October 2005, Defendant undertook road widening in front of the Plaintiff's property which caused the roadway to be raised 4 to 6 inches but the driveway was not repaired and similarly raised to safely join to the roadway. 8. After numerous contacts, Defendant agreed to repair the driveway by the end of that paving season; however, the work performed on November 4, 2005 did not restore the driveway but only improved access to York Road. 9. Defendant informed Plaintiff that this was a "stop gap" measure to get through the winter and promised that final repairs and restoration would be performed in the spring of 2006. -2- 10. In the spring of 2006, after Plaintiff contacted Defendant numerous times, the Defendant agreed to saw cut and mill off the existing basecoat of the driveway, put down a 1" to 2" top coat, and blend the top coat to create a smooth surface and transition between the existing driveway and the roadway. 11. Upon returning home on April 3, 2006, Plaintiff discovered that Defendant had merely placed another "base" coat on top of the driveway, sealing the two ends with tar, which failed to correct the problems with the existing driveway and the roadway. 12. Defendant has repeatedly refused to correct the problems. 13. Plaintiff has obtained an independent estimate from a paving company for $1,620 to fully correct the problems with the existing driveway and the roadway caused by Defendant's widening of York Road. Count I: Breach of Agreement 14. The averments set forth in paragraphs 1 through 13 above are incorporated herein as if set forth in full. 15. On or about January 12, 2005, Plaintiff and Defendant executed a written agreement with provided in relevant part as follows: "3. Washco will fully restore (grade, fill, and seed, as required) any area on the -3- Heberlig's property utilized for temporary construction purposes by Washco, its contractors, subcontractors, or agents, which area is expected to have depth of 3 to 6 feet, excluding the driveway (see Paragraph 5 below). 4. Washco will make all reasonable efforts to ensure a smooth transition between the roadway or berm and the lawn. 5. If changes to the roadway adjoining the Heberlig property alter the intersection of the Heberlig's driveway with the roadway. Washco will use asphalt paving material to provide a smooth transition to Heberlig's existing driveway from any roadway edge, and to slope the existing driveway to comply with PennDOT requirements. The driveway restoration, not the Traffic Improvements, necessitates the 16.11 feet access depth." See written agreement. 16. Further, Plaintiff and Defendant executed an "Information Addendum" to the written agreement on or about January 12, 2005 which provides in relevant part as follows: "1. Although 16.11 ft. has been specified in the agreement, it is expected that disturbance to the property @ 373 York Rd. should be limited to 2'-3' from the existing berm of the roadway. The 16.11 ft. is expected to apply to the changes and modifications associated with the replacement of the existing paved driveway. 29 All items damaged on the property will be repaired to the owner's satisfaction. Should repairs involve technical expertise, Owner reserves the right to contact and secure a trained professional to repair the damage at the expense of Washco- Carlisle Crossings....." See written addendum attached. 17. Defendant damaged the Plaintiff's property as set forth above in the course of widening York Road. -4- 18. Defendant has repeatedly failed to fully and properly repair the damages to the Plaintiff s property as set forth above and, therefore, is in breach of its written agreements with the Plaintiff. 19. As a direct and proximate result of Defendant's breach of its written agreements with the Plaintiff, the Plaintiff has sustained damages in the approximate amount of $1,620, which is the estimate to fully and properly repair the property. WHEREFORE, Plaintiff, based on the foregoing allegations, hereby demands judgment against Defendant in the amount of approximately $1,620 together with interest and attorney's fees and costs as provided by law, which amount falls within the compulsory arbitration limits. Count II: Negli eg nce 19. The averments set forth in paragraphs 1 through 13 above are incorporated herein as if set forth in full. 20. Defendant owed Plaintiff the duty to ensure that there would be a smooth and safe transition between the Plaintiff s driveway and the existing roadway upon completion of the road widening project. 21. Defendant further owed Plaintiff the duty to ensure that her property -5- was not damaged during the road widening project. 22. Defendant, however, breached its duty and acted negligently, carelessly and/or recklessly in that it: a) raised the roadway by 4" to 6" from the driveway, thereby creating an unsafe elevation between the roadway and the driveway; b) failed to ensure a smooth and safe transition between the driveway and roadway; c) damaged the Plaintiff's driveway; d) failed to make adequate and sufficient repairs to the Plaintiff's driveway; and e) improperly "repaired" the driveway by merely placing another "base" coat on it and sealing the two ends with tar. 23. As a direct and proximate result of Defendant's breach of duty and negligent, careless and/or reckless acts, the Plaintiff has sustained damages to her property, specifically, the driveway at its conjunction with the existing roadway. 24. As a further direct and proximate result of Defendant's breach of duty and negligent, careless and/or reckless acts, the Plaintiff has sustained damages in the approximate amount of $1,620, which is the estimate to fully and properly -6- repair the property. WHEREFORE, Plaintiff, based on the foregoing allegations, hereby demands judgment against Defendant in the amount of approximately $1,620 together with interest and attorney's fees and costs as provided by law, which amount falls within the compulsory arbitration limits. RESPECTFU LY SUBMITTED: William C. Costopoulos, Esquire Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Phone: 717.761.2121 Fax: 717.761.4031 Web: www.Costooulos.com ATTORNEYS FOR PLAINTIFF DATED: January 5 2007. -7- r. Ue CONSTRUCTION ACCESS AND RESTORATION AGREEMENT 'The parties are: Jody M:.Heberlig, of 373 York Road, South Middleton Township, Cumberland County, Pennsylvania (hereinafter "Heberlig' ), and Washco-Carlisle Crossing, LLC, 1423 Dual Highway, Suite 21A, Hagerstown, Maryland, (hereinafter "Washco"). RECITALS R.1, Wash co is the Developer of a commercial ernter known as Carlisle Crossing (the "Project") in South Middleton Township, Cumberland County, Pennsylvania; R.2. In conjunction with the development of the Project, Washco has agreed to make certain road improvements, including, but not limited to, signalization, turn lanes, and related improvements (the "Traffic Improvements") as agreed to with South Middleton Township (the "Township"); R.3, Heberlig has legal title to land that will be temporarily affected or disturbed during construction of said Traffic Improvements; and RA. In furtherance of the agreed-upon Traffic Improvements, Heberlig has agreed to grant Washco permission to enter upon a portion of her property to facilitate construction of the Traffic Improvements and for grading and restoration, as described below. NOW THEREFORE, in consideration of the foregoing and intending to be legally bound, the parties hereto agree as follows: 1. The recitals above set forth are hereby incorporated by referenced. 2. Heberlig hercby grants to Washco, its contractors, subcontractors, and agents, permission to temporarily enter neon a portion of her property at 373 York Road, South Middleton Township, Cumberland County, Pennsylvania, having a depth of 16.11 feet and a width of 54 feet, as shown on Exhibit 1 (attached hereto) for the purpose of providing adequate area. to construct the Traffic Improvements or utilities within the existing roadway easement, and to conduct, grading. filling, seeding, and restoration, and driveway dope correction by re-paving, on the lands of Heberlig, in compliance with the approved plans and requirements of the Pennsylvania Department of Transportation, applicable ordinances and requirements of South Middleton Township, and other applicablc ordinances, laws and regulations. 3. Wasbbco will fully,restore (grade, fill-, and-wed, as requit )?,apy area on the.llaberlig,s property utilized for temporary ccmatn tior, pirrposes by Washco, its contractor4 I' c xrt P. 03 r. js subcontract ' s;f: tp have a depth of 3 to 6 feet;, eluding the drivewo { Job Washco wind , to* ,s th transition between the roadwa* , or berm anW ih if changes to the roadway adioining the Heberlig property alter the intersection of the Heherlig'g driveway with the roadway, Washco will wm asphalt raving material to provide a smnnth transition to Heherlig's existing driveway from any new roadway edge, and to slope the existing driveway to comply with PennDOT requirements. The driveway restoration, not the Traffic Improvements, necessitates the 16.11 feet access depth. Washco and its contractors, subcontractors, and agents will make all reasonable efforts not to damage or disturb any trees or plantings on the Heberlig property. If any trees or plantings are damaged or destroyed by Washco, its contractors, subcontractors, or agents, they will be replaced by Washco. This Agreement shall be binding, upon and inure to the benefit of the parties hereto and their respective successors, heirs, and assigns, and shall be appurtenant to and nin with the Project. x. The permission described in Paragraph 1 above shall terminate upon completion of Traffic Improvements and restoration on the Heberlig property. a Phis Agreement may not be. terminated, altered, modified. or amended except. in writing Signed by Heberlig and Washco. This Agreement shall be construed, interpreted, and applied in accordance with the laws of 'he Convnonwealth of Pennsylvania. I N WUNEgfi WHEREOF, the parties hereto, intending to be. legally bound hereby, have duly executed this Agreement on this Zl!t day of January 2005, Witness: Jod ,VM. H erlig Washco-Carlisle Crossing, LLC 4 B . ohn Hen , Jr„ Member 2 it ? X111 t s, s r ? r. `4r. v ?? ? QN +U t? o. C? A j 11 EXMIBIT 1 63 AM P. Ub i( Information Addeedm M Comtrlution Access & Restoration Agreement with Washco -Carp OaWnlh LLC: af.er d,scussing issues ftsa'ther with Mr. Frederic Antoun, Legal Representative for the Washea- C;arlislc Crossing Prat, on January 12, 20(15, it is my understanding that the following items arc true 1. Although 16.11 ft. has been specified in the agreement, it is expected that disturbance to the property 0 373 York Rd. should be limited to 2'- 3' from the existing berm of the roadway. The 16.11 ft. is expected to apply to the changes and modifications associated with the replacement of the existing paved driveway, All tam ;ps petty will he reip frpA to c er'S s fn Qia ld ?.- repairs involve technical a pextise, Owner reservcs the right to contact and secure a trained profe, i t J-!D,,reppir the damage at the expense of Was'h&-ratlisle Ci;os?t>ig . This would include damage to such items as the two trees and Otte watertseWt3 6ccess located in the front yard. 3. Other areas that arc expected to be effected by this work include: 1. Wooden mail box, support and adjoining corner split rail flower bed; (4) rails. 2. Flower Bed- currently planted with (1) Rose Bush, (20) Irises, (10-15) Clusters of Crocuses and some other annuals 3. Water/Sewer Access- 3'- 4' from berm- This area may need to be raised, based on the how high the roadway, berm and front yard are subsequently raised. (Could also be damaged should construction vehicles drive over it.) 4. As the Owner charea a driveway with neighbor Chris Snyder nB 375 York Rd. and currently those driveways are made of different surfacing materials, it essential that the driveways be compatible. When repairs are made to the driveways there must he no drop-off between the rwn drives, regardless of the materials utilized, (The stone used for Mr. Snyder's driveway must he evened to the asphalt edge of the Owner's driveway.) 5 if the driveway modifications, made to the Owner's driveway, create a drop-off from the edge of the driveway to the grass greater than the existing, more than 4", Washco- Carlisle Crossings will work with the Owner to rehab the landscaping, adding topsoil, as well as, replanting of the front yard. 6. The current stone/grave) berm will be replaced, providing a transition area between the road and the front yard. The addition of top Snil and grass planting will alsn apply to this area, as outlined in the main agreement. The entire front yard may need to be relandscaped. ? r? r CERTIFICATE OF SERVICE I, Tiffany M. Miller, a secretary for the law offices of Costopoulos, Foster & Fields, hereby certify that on this day of January, 2007, a true a and correct copy of the foregoing document was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Suzanne C. Hixenbaugh, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2922 By: COSTOPOULOS, FOSTER & FIELDS Tiffany M. Miller r-a r- -...5 -1-f l ? r'n Gl "'? % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY M. HEBERLIG, Plaintiff V. : WASHCO-CARLISLE CROSSING, : Defendant : No. 07-81 CIVIL TERM Civil Action - Law ANSWER AND NOW, comes the Defendant, WASHCO-CARLISLE CROSSING, LLC, by and through its attorneys, the law firm of Saidis, Flower and Lindsay, and hereby aver as follows: 1. Admitted. 2. Admitted in part and denied in part. The Defendant is Washco-Carlisle Crossing, LLC, not Washco-Carlisle Crossing. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The "Construction Access and Restoration Agreement" (hereinafter FLOWER ? LINDSAY AT101WE ..T:tww 2G West High Street Carlisle, PA "Agreement") is a writing which speaks for itself. 7. Denied. It is denied that the Plaintiff's driveway does not safely join the roadway. 8. Admitted in part and Denied in part. It is admitted that Defendant tried to satisfy the Plaintiff and on two occasions contacted Hardwerk Site Contractors of Old Farm Lane, Hummelstown, Pennsylvania to contact Plaintiff to address her concerns. It is denied that the Plaintiff's driveway has not been reasonably repaired. 9. Denied. It is specifically denied that the Defendant ever informed the Plaintiff that the work performed on November 4, 2005 was a "stop gap" measure. 10. Admitted in part and Denied in part. It is admitted that the Defendant tried to satisfy the Plaintiff and again contacted Hardwerk Site Contractors and asked it to address Plaintiff's concern as they relate to her driveway. After reasonable investigation, Plaintiff is without information or knowledge concerning any agreement between Plaintiff and Hardwerk Site Contractors. 11. Denied. Defendant is without information or knowledge sufficient to form a belief as what the Plaintiff "discovered." It is denied that a second base coat was applied in the Spring of 2006. In fact, Pennsylvania Department of Transportation specified wearing course was applied to address the concerns raised by the Plaintiff relating to her driveway. 12. Denied. The Defendant has repeatedly and reasonably attempted to satisfy the Plaintiff. 13. Denied. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph. Count I: Breach of Agreement 14. Paragraphs 1 through 13 are incorporated herein as fully set forth at length below. 15. Denied. The Agreement dated January 12, 2005 is a writing which speaks for itself. 16. Denied. The written "Information Addendum" dated January 12, 2005 is a writing which speaks for itself. 17. Denied. The averments contained in this paragraph are legal conclusions to SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA which no response is required. To the extent a response is required, it is denied that the Plaintiff's property has been damaged. 18. Denied. The averments contained in this paragraph are legal conclusions to which no response is required. 19. Denied. The averments contained in this paragraph are legal conclusions to which no response is required. WHEREFORE, Defendant demands judgment in its favor. Count II: Negligence 19. [sic]. The averments set forth in paragraphs 1 through 19 are hereby incorporated at length as of fully set forth below. 20. Denied. The averments contained in this paragraph are legal conclusions to which no response is required. 21. Denied. The averments contained in this paragraph are legal conclusions to which no response is required. 22. Denied. The averments contained in this paragraph are legal conclusions to which no response is required. To the extent a response is required, it is denied that: a) there exists an unsafe elevation between the roadway and the driveway; b) there does not exist a smooth and safe transition between the driveway and roadway; c) the Plaintiff's driveway has been damaged; d) the Plaintiff's driveway has not been reasonably repaired; e) the Plaintiff's driveway has been improperly repaired. 23. Denied. The averments contained in this paragraph are legal conclusions to which no response is required. 24. Denied. The averments contained in this paragraph are legal conclusions to which no response is required. WHEREFORE, Defendant hereby demands judgment in its favor. Respectfully Submitted, SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Date SAIDIS, FLOWER & LINDSAY By: I)ean E. Re osa, Esquire Supreme Coigt I.D. # 80440 2109 Market Street Camp Hill, Pa 17011 Telephone: (717) 737-3405 Fax: (717) 737-3407 VERIFICATION sow b I, hereby verify that the statements made in the foregoing Answers are true and correct to the best of my information, knowledge.and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. WASHCO-CARLISLE CROSSING, LLC, Dated: February -7Z? 2007 By: felt CERTIFICATE OF SERVICE AND NOW, February 27, 2007, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing DEFENDANT'S ANSWER upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Ms. Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 i D E. Reynosa Esquire t Q? ?a 7s C-i JODY M. HEBERLIG, Plaintiff V. WASHCO-CARLISLE CROSSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 07-81 CIVIL TERM CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: William C. Costopoulos, counsel for the Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is less than $20,000.00. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: William C. Costopoulos, for the Plaintiff, and Dean E. Reynosa, for the Defendant. WHEREFORE, your petitioner prays this Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, l William C. Costopoulos, Esq ' e Attorney for Plaintiff ORDER OF COURT AND NOW, this day of foregoing petition, , Esquire, Esquire, and above-captioned action as prayed for. , Esquire are appointed arbitrators in the By the Court: 2007, in consideration of the J. ?l p N It- tj`? 5 7L cz? JODY M. HEBERLIG, Plaintiff V. WASHCO-CARLISLE CROSSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 07-81 CIVIL TERM CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: William C. Costopoulos, counsel for the Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is less than $20,000.00. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: William C. Costopoulos; for the Plaintiff, and Dean E. Reynosa, for the Defendant. WHEREFORE, your petitioner prays this Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, William C. Costopoulos, Esq e Attorney for Plaintiff ORDER OF COURT AND NOW, this X11 day of 2007, in consideration of the foregoing petition, Id Esquire, CZa?cd- Esquire, and 1 j-- , Esquire are appointed arbitrators in the above-captioned action as prayed for. By the Court: (2 W?Cjo J. a6 r? 3" p be??Oovtcr 17? 19 O? d G ? ""t`.Y JODY M. HEBERLIG, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WASHCO-CARLISLE CROSSING, DEFENDANT 07-0081 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2007, the appointment of Evan C. Pappas, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Todd Hough, Esquire, is appointed in his place. By the Edgar B. Baylty, J. /William A. Addams, Esquire Chairman V /Todd Hough, Esquire Court Administrator :sal tAojlef Copies ?r DKe U- a : Jog& In The Court of Common Pleas of Cumberland PlainflE ,p County, Pennsylvania No. 0 (NQS - ? lL s?? C&0,5 s t V4 4q _ t'(- e- Defendant Civil Action - Law. 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 discharge the duties of our office with fidelity. Signature /Z"), 711a? / Name (Chairman) Law Firm 'Vej ?/ J'a - Address Signature /1-5c, S Name Law Firm 396'a Address 4 ?z 1' jwture Name Law irm Address 70 3 AW 1-70/1 City, zip city, zip city, zip Award 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.) . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: a7 n't-i"', (Chairman) ?„,? Date of Award: s-/ e Notice of Entry of kward Now, the o?Q* day of Mav ) 20_Ll__-, at , P .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: $ 350. Do 4, It, ?z By: Prothonotary Deputy a? 1edE. ?opio ??oP°u'' gal`s DeAP 5. a. Costopoulos, Foster & Fields By: William C. Costopoulos I.D. No.: 22354 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Attorney for Plaintiff Jody M. Heberling JODY M. HEBERLING, Plaintiffs V. WASHCO-CARLISLE CROSSING, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-81 CIVIL CIVIL ACTION -LAW PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned case settled and discontinued. COSTOPOULOS, FOSTER & FIELDS By: Wil iam . Costopoulos, Esquire Attorney I.D. No. 22354 831 Market Street P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 -Attorney for Plaintiff Date: May 30, 2007 CERTIFICATE OF SERVICE I, Jayme M. Emig , a secretary for the law offices of Costopoulos, Foster & Fields, hereby certify that on this 30th day of May, 2007, a true a and correct copy of the foregoing document was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Dean E. Reynosa, Esquire SAIDIS, SNUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2922 By: COSTOPOULOS, FOSTER & FIELDS o Q ? ? r, r : r'YZ r - • ORIGINAL Costopoulos, Foster & Fields By: William C. Costopoulos I.D. No.: 22354 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 JODY M. HEBERLING, Plaintiffs V. WASHCO-CARLISLE CROSSING, Defendants Attorney for Plaintiff Jody M. Heberling IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 07-31 CIVIL : CIVIL ACTION -LAW ORDER TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter satisfied of record upon payment of your costs only. COSTOPOULOS, FOSTER & FIELDS By: William C. Costopoulos, Esquire Attorney I.D. No. 22354 831 Market Street P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Attorney for Plaintiff Date: June 13, 2007 CERTIFICATE OF SERVICE I, Jayme M. Emig, a secretary for the law offices of Costopoulos, Foster & Fields, hereby certify that on this 13t_ day of June, 2007, a true a and correct copy of the foregoing document was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Dean E. Reynosa, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2922 By: COSTOPOULOS, FOSTER & FIELDS J M. Emig C= O ? cn 1 w Jo4 /YIn The Court of Common Pleas of Cumberland Plain f County, Pennsylvania No. 0 Gyasev - c? ?sA ASS e .'t g 1 1, G Defendant Civil Action - Law. 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 discharge the duties of our office with fidelity. LZ Signature Signature ignature zl?' . J, f" r &,/? pl.? lSt s ?O ?l Ccu. ?, /7 A'ICt Name (Chairma) Name Name Law Firm '?FKJ z/ je ?t Address Law Firm 38ov Est La Address 44 -7013 City, Zip # 80111 Address <fo..f A J/ 170/1 city, r Zip 4 1'1'1 iq Award City, zip * I(osu 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.) . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 47 wii- wa'-' (Chairman) Date of Award: S-t 8' - 0 7 2-? f/?z Notice of Entry of Award Now, the o19 day of M&V , 20A7_, at _/: Q8 P .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: S O.00 By: 7`-'rothonotary Deputy oMai led.- op Cos po'?'1 °`'' , wi+ff f, ?e f1©S?Q r -' Qe4lP l ?, aq DI AM Tndwd" oKA I.sff7C