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099688-ooDOIIFcbruary 24, 1995/DWDiMH/41884
14. By reeson of the defects end deficiencies noted In paragraph nine (9) herein. which defects
and deficiencies were direct and proximate of Defendant breaching his Implied warrenty that Defendant
would perform construction at Plaintiff's residence in a reasonably workmanlike manner, Plaintiff spent
or Is required to spend the following sums in order to remedy and repair his home:
A. Main roof and vellt replacement $3,124.00
B. Emergency Plumbing Repairs (Cropf Brothers) $84,97
C. Building materials for bathroom that
were damaged or destroyed $721.63
D. Labor to reconstruct damaged bathroom $1.472,00
TOTAL 5,402.60
15. Despite demand by Plaintiff. Defendant has failed and refused to pay to Plaintiff the
reasonable cost of Defendant breaching his implied warranty to Plaintiff.
WHEREFORE, Plaintiff demands judgment against the Defendant In the amount of $5,402.60,
together with interest and costs of this suit. and the costs awarded to Plaintiff In the District Justice
Judgment of $104.00.
COUNT II
16. The averments of paragraphs one (1) through fifteen (15), inclusive. are Incorporated by
reference In this paragraph as If fully set forth herein in their entirety.
17. Defendant. his agents and employees. were negligent and improperly performed his contract
with Plaintiff in performing the construction at Plaintiff's residence in the following manner:
A. The ridge vent for the roof was instelled out of line;
O(l968I-OOOOI/February 24. 1995/DWD/MH/41884
B. The ridge vent nails were uncaulked causing the vant to lift and allow water to enter
the roof structure;
C, The roofing nails used to install the ridge vent cover shingles are exposed Ind
backed out through the caulking;
D, The roofing nails lifted through several shingles and broke the roof surface;
E. The roof shingles were installed in vertically oriented sections;
F.
The ends of the shingles are offset Improperly which falls to provide a proper
watershed condition;
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G.
The ridge vent is not installed to required specifications;
H, A new water line was broken by negligently driving a nail through the line;
I. By allowing a PVC fitting to come off a copper pipe resulting in a significant water
leak and the ceiling to collapse below; and
J. Failing to shut off the main water supply before installing a new faucet which
allowed water to leak all over the upstairs bathroom causing a hole In the ceiling
below and further water damage.
18. As a direct. proximate and factual result of tha negligence of Defendant. his agents and
employees, as described herein. Plaintiff sustained the losses and damages set forth In paragraph fourteen
(141 herein.
19. Defendant has failed and refused to pay to Plaintiff the reasonabla cost of Defendant
breaching his duty to Plaintiff.
09968I-OOOOI/Pcbrulry 24, 1995/DWD/MH/41114
"
WHEREFORE. Plaintiff demands judgmant against the Defendent In the Imount of $5.402.60.
together with interest end costs of this suit. and the costs ewarded to Plaintiff In the District Justice
Judgment of $104.00.
JOH~UFAE' STEW':T . WElOHER
By:
avid W, eLuce
Attorney 1.0, No. 416B7
301 Market Street
P.O, Box 109
Lemoyne, PA 17043-0109
Telephone (7171 761-4540
Attorneys for Plaintiff
, ,
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JOB ESTIMATE 8-11-93
o Chimney Sweeps Systems
'([J C S Systems
o Artisan Deck
PHONE 7:; 7 - 5 2;; '3 DATE OF ORDER
ORDER TAKEN BY Jon I rw in
Main Office.
P,O, Box 1067
Carlisle, PA 17013
".
CJ DAY WORK
Jonathan J, Irwin
Carlisle(Maln Office) ....(717) 243.0424 JOB NAM~UMBER
Harrisburg ............,...... (717) 236.5899 JOB LOCATION
Gettysburg ...............,.. (717) 337-1222
Dillsburg......,............... (717) 432.8185 Rim
CJ CONTRACT CJ EXTRA
,.
Cem Hill Pa. 17011
QTY.
MATERIAL
AMOUNT
DESCRIPTION OF WORK
1. Tear off existing shingl s and tar
a,' Id"-~ ~n ~Q ~nmp'Q~~A
r -shinole.
2. Cover soffit anf facia w th alum.
in a timely fashion starting
bY late Avoust 1993
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4 nsulate and dry-waiH oa ace rOUe )
5. Install s~ light
6. Finish bathroom
7. P!"e.,~::,"~ !"t)om oelow Od1::", or oainti I~
e. ~~"g ~.o c~ili"Q fens
.
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I Amount
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Labor II hi.). Amount
:)A&K I 13' .
A.$ -"I!r ".." p.{.,..~ ~~.u.('1'.J;.
-ft..<-' -Icrfer I .6J y - ~ -I ~ ~~
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S 5 tji5..j',
... ac~~'at ~
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Date Completed
Work order by
Total Malerials
r'" Total Labor
C- t3.tk,~,s
VIA. fIotal Other
Tax
Total
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Signature
Terms: 1,5% Interesl charged on all accounlS alter 30 days
50% Deposit. Balance ct:e upon completion
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TJtANk You
" '009688.0000IIM.",h 28. 1995/DWD/MIl/42668
JACK B. MATTHEWS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
NO. 95.676 CIVIL TERM
vs.
CIVIL ACTION. LAW
JON IRWIN alkla JONATHAN J. IRWIN
tla C S SYSTEMS.
JURY TRIAL DEMANDED
Defendant
PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MA TTER
AND NOW, comes the Plaintiff by his attorneys and responds to Defendant's New Matter as
follows:
20, No response necessary, See Plaintiff's everments in paragraph one (11 through nineteen
(191 of Plaintiff's Complaint,
21 , Admitted. It is admitted that Defendant ceased performing work in November 1993. prior
to the winter of 1993.94. upon mutual agreement of the parties.
22. Denied. While some snow and ice did periodically accumulate upon the roof of Plaintiff's
home. it is denied that substantial and extraordinary amounts accumulated. On the contrary. Plaintiff
himself periodically removed the snow and ice from the roof of his home during the winter of 1993.94.
23, Admitted, It is edmitted that Plaintiff filed a claim with his home owner's insurance
company for damages to his home suffered do to the weather conditions during the winter of 1993.94.
24, Admitted In part. Denied In part. It is admitted that Plaintiff's home owner's insurance
company investigated his claim and paid a sum of money to Plaintiff to repair certain damages to
Plair>tiff's home caused by the weather conditions occurring during the winter of 1993.94, None of the
money paid by Plaintiff's home owner's insurance company to Plaintiff was for the damages averred and
claimed in this lawsuit by Plaintiff. Plaintiff specifically and unequivocally denies that he was fully
00968I.QOOOIIM.",h 21, 199510WOiMlli42661
VERIFICA TION
I. Jack B, Matthews. verify that the statements made in the foregoing Answer to New Matter are
true and correct to the best of my knowledge, information and belief. 1 understand that false statements
herein are made subject to the penalties of 18 Pa.C,S. ~4904 relating to unsworn falsification to
authorities.
Date: ?!/J,?o /1'7r
I
'009688-OOOOIIM.",,, ~8, 19951DWDiMH/4~668
CERTIFICA TE OF SERVICE
I. David W. DeLuce. of the law firm of Johnson. Duffle, Stewart 8< Weidner. attorneys for Plaintiff,
Jack B. Matthews. do hereby certify that I served a true and correct copy of the attached Answer to
Defendant's New Matter by United States Mail, first class. postage prepaid, upon the Counsel listed
below:
Harold S, Irwin. III. Esquire
Irwin. Irwin 8< McKnight
36 South Pitt Street
Carlisle. PA 17013
Date:
3/a()hs
I I
JACK B. MA TIHEWS,
PlaintllT,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VI.
: CIVIL ACTION - LAW
JON IRWIN, tla C S SYSTEMS
Defendant
: NO. 95 - 676 CIVIL TERM
DEFENDANT'S ANSWER TO
PLAINTIFF'S COMPLAINT
NOW, comes the defendant, Jonathan J, Irwin, tla C S Systems, by his attorney, Harold S.
Irwin, III, Esquire, and responds to plain tift's complaint as follows:
l. The averments of paragraph one of plain tift's complaint are admitted,
2, The averments of paragraph two plaintift's complaint are admitted, By way of
further response, defendant's proper name is Jonathan 1. Irwin, tla C S Systems.
3, The averments of paragraph three of plain tift's complaint are admitted
4, The averments of paragraph four of plain tift's complaint are admitted. By way of
further response, however, various modifications were made to the agreement of the parties
during the course of construction,
5, The averments of paragraph five of plain tift's complaint are admitted.
6, The averments of paragraph six of plain till's complaint are admitted. By way of
further response, however, defendant avers that the agreement was terminated by mutual consent
of the parties, resulting in a reduction of the contract price by over $1,000,00 and the acceptance
by plaintiff of the work as completed to that date.
Count I
7, Defendant's responses to plaintill's complaint, paragraphs one through six
inclusive, are incorporated herein by reference as if fully set forth at length,
8, The averments of paragraph eight of plaint ill's complaint are admitted in part and
denied in part, It is admitted that defendant provided goods and services to plaintiff during the
times specified and that plaintiff raised various questions about portions of defendant's work
which the defendant was attempting to resolve, It is specifically denied that there were any
material deficiencies or defects in the construction by defendant at plaintiffs home, By way of
further response, defendant avers that at the time that the agreement was terminated by mutual
consent of the parties, defendant agreed to a reduction of the contract price by over $1,000.00 as
(
an accommodation to plaintiff and plaintiff agreed to accept the work as completed to that date by
defendant. r
9, The averments of paragraph nine of plain till's complaint are admitted in part and
denied in part, It is specifically denied that there were any material deficiencies or defects in the
construction by defendant at plaintiffs home, By way of further response, defendant avers that at
the time that the agreement was terminated by mutual consent of the parties, defendant agreed to
a reduction of the contract price by over $1,000.00 as an accommodation to plaintiff and plaintiff
agreed to accept the work as completed to that date by defendant. Additionally, defendant
responds generally to this paragraph by stating that it is his belief and therefor he avers that the
roof work was performed properly and in a good and workmanlike manner and that any
unsatisfactory condition of the roof since completion of defendant's work was solely due to the
excessive and extraordinary weather conditions sulTered throughout the Winter of 1993-1994.
Defendant further responds to the averments contained in the subparagraphs ofthis paragraph as
follows:
A. It is specifically denied that the ridge vent was installed out of line; to the
contrary, the ridge vent was installed properly and in a good and workmanlike manner;
B. It is specifically denied that the defendant's installation of the ridge vent
nails caused any water to enter the roof structure; to the contrary the ridge vent nails were
installed properly and in a good and workmanlike manner;
C. It is denied that the ridge vent cover shingles are exposed and backed out
through the caulking by reason that after reasonable investigation dellmdant is without knowledge
sufficient to form a belief as to the truth of these averments and proof thereof at trial is demanded,
if relevant;
D, It is denied that the roofing nails lifted through several shingles and broke
the roof surface by reason that after reasonable investigation defendant is without knowledge
sufficient to form a belief as to the truth of these averments and proof thereof at trial is demanded,
if relevant;
E, It is specifically denied that the roof shingles were installed improperly; to
the contrary, the roof shingles were installed properly and in a good and workmanlike manner;
dp.fendant admits that he had the ordinary skill and ability in his business and profession and
agreed to exercise the same in this project.
12. The averments of paragraph twelve of plaintiff's complaint are conclusions oflaw
to which no response is required. However, to the extent that a response may be required
defendant admits that he agreed to do the work in this project in a reasonably workmanlike
manner as averred therein,
13, The averments of paragraph thirteen of plaintiff's complaint are specifically denied.
To the contrary, defendant believes and therefor avers that the work was performed properly and
in a good and workmanlike manner and that any unsatisfactory condition of the roof since
completion of defendant's work was solely due to the excessive and extraordinary weather
conditions suffered throughout the Winter of 1993-1994, Defendant further avers that at the time
that the agreement was terminated by mutual consent of the parties, defendant agreed to a
reduction of the contract price by over $1,000,00 as an accommodation to plaintiff and plaintiff
agreed to accept the work as completed to that date by defendant.
14. The averments of paragraph fourteen of plaintiff's complaint are denied by reason
that after reasonable investigation defendant is without knowledge sufficient to form a belief as to
the truth of these averments and proof thereofat trial is demanded, if relevant. However,
defendant specifically denies that he breached any warranty to plaintiff or that any defects and
deficiencies were the result of any failure of defendant to perform the work in a good and
workmanlike manner. To the contrary, defendant believes and therefor avers that the work was
performed properly and in a good and workmanlike manner and that any unsatisfactory condition
of the roof since completion of defendant's work was solely due to the excessive and
extraordinary weather conditions suffered throughout the Winter of 1993-1994, Defendant
\
further avers that at the time that the agreement was terminated by mutual consent of the parties,
defendant agreed to a reduction of the contract price by over SI,OOO,OO as an accommodation to
plaintiff and plaintiff agreed to accept the work as completed to that date by defendant.
IS, The averments of paragraph fifteen of plaintiff's complaint are admitted in part and
denied in part. It is admitted that defendant has refused to pay any sum of money to plaintiff. It is
denied, however, that defendant breached any warrldlty to plaintiff, that defendant has any
obligation to plaintiff, or that prior to this litigation plaintiff made any demands upon defendant to
pay the sums of money demanded in plaintiff's complaint. To the contrary, defendant believes and
therefor avers that the work was performed properly and in a good and workmanlike manner and
that any unsatisfactory condition of the roof since completion of defendant's work was solely due
to the excessive and extraordinary weather conditions suffered throughout the Winter of 1993-
1994. Defendant further avers that at the time that the agreement was terminated by mutual
consent of the parties, defendant agreed to a reduction of the contract price by over SI,OOO.OO as
an accommodation to plaintiff and plaintiff agreed to accept the work as completed to that date by
defendant.
WHEREFORE, defendant demands that plaintiff's complaint be dismissed and
that judgment be entered on behalf of the defendant and against the plaintiff.
Count II
16, Defendant's responses to plaintiffs complaint, paragraphs one through fifteen
inclusive, are incorporated herein by reference as if fully set forth at length,
17. The averments of paragraph seventeen of plain tift's complaint are admitted in part
and denied in part, It is specifically denied that defendant, his agents and employees were
negligent or that they performed defendant's contract with plaintitfin a negligent manner. By
way of further response, defendant avers that at the time that the agreement was terminated by
mutual consent of the parties, defendant agreed to a reduction of the contract price by over
$1,000.00 as an accommodation to plaintitfand plaintitfagreed to accept the work as completed
to that date by defendant. Additionally, defendant responds generally to this paragraph by stating
that it is his belief and therefor he avers that the roof work was performed properly and in a good
and workmanlike manner and that any unsatisfactory condition of the roof since completion of
defendant's work was solely due to the excessive and extraordinary weather conditions suffered
throughout the Winter of 1993-1994, Defendant further responds to the averments contained in
the subparagraphs of this paragraph as follows:
A, It is specifically denied that the ridge vent was installed out of line; to the
contrary, the ridge vent was installed properly and in a good and workmanlike manner;
B. It is specifically denied that the defendant's installation of the ridge vent
nails caused any water to enter the roof structure; to the contrary the ridge vent nails were
installed properly and in a good and workmanlike manner;
C. It is denied that the ridge vent cover shingles are exposed and backed out
through the caulking by reason that after reasonable investigation defendant is without knowledge
sufficient to form a belief as to the truth of these averments and proof thereof at trial is demanded,
ifrelevant;
D. It is denied that the roofing nails lifted through several shingles and broke
the roof surface by reason that after reasonable investigation defendant is without knowledge
sufficient to form a beliefa~ to the truth of these averments and proof thereof at trial is demanded,
if relevant;
E. It is specifically denied that the roof shingles were installed improperly; to
the contrary, the roof shingles were installed properly and in a good and workmanlike manner;
F. It in specifically denied that the roof shingles were installed improperly; to
the contrary, the roof shingles were installed properly and in a good and workmanlike manner;
G, It is specifically denied that the ridge vent is not installed to required
specifications; to the contrary, the ridge vent was installed properly and in a good and
workmanlike manner;
H. The averments of this subparagraph are admitted; however, by way of
further response, said water line was repaired;
I. The averments of this subparagraph are admitted; however, by way of
further response, plaintiff's request to terminate the defendant's work and the parties agreement
to terminate upon a reduction of the contract price and acceptance of the work as performed to
that date prevented defendant from taking further remedial action on the project;
], The averments of this subparagraph are admitted; however, by way of
further response, plaintiff's request to terminate the defendant's work and the parties agreement
to terminate upon a reduction of the contract price and acceptance of the work as performed to
that date prevented defendant from taking further remedial action on the project;
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18. The averments of paragraph eighteen contain conclusions of law to which no
response is required, However, to the extent that a response may be required, these averments
are denied by reason thntllfter reasonable investigation defendant is without. knowledge sufficient
to form a belief as to the truth of these averments and proof thereof at trial is demanded, if
relevant. However, defendant specifically denies that defendant, his agents or employees were
negligent or that they performed defendant's contract with plaintiff in a negligent manner. By
I
way of further response, defendant avers that at the time that the agreement was terminated by
mutual consent of the parties, defendant agreed to a reduction of the contract price by over
$1,000,00 as an accommodation to plaintiff and plaintiff agreed to accept the work as completed
to that date by defendant. Additionally, defendant responds generally to this paragraph by stating
that it is his belief and therefor he avers that the roof work was performed properly and in a good
and workmanlike manner and that any unsatisfactory condition of the roof since completion of
defendant's work was solely due to the excessive and extraordinary weather conditions suffered
throughout the Winter of 1993-1994,
19. The averments of paragraph nineteen of plaintiff's complaint are admitted in part
and denied in part. It is admitted that defendant has refused to pay any sum of money to plaintiff.
I
It is denied, however, that defendant had any duty to do so which he has breached, To the
contrary, defendant believes and therefor avers that the work was performed properly and in a
good and workmanlike manner and that any unsatisfactory condition of the roof since completion
of defendant's work was solely due to the excessive and extraordinary weather, conditions
suffered throughout the Winter of 1993-1994. Defendant further avers that at ~he time that the
agreement was terminated by mutual consent of the parties, defendant agreed to a reduction of
the contract price by over $1,000,00 as an accommodation to plaintiff and plaintiff agreed to
accept the work as completed to that date by defendant.
CERTIFICATE OF SERVICE
1 hereby certifY that a copy of the foregoing responses and new matter was served this
date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
DAVID W DeLUCE ESQ
JOHNSON DUFFIE STEWART & WEIDNER
PO BOX 109
LEMOYNE PA 17043-0109
March (0,1995
~
HAROLD S. IRWIN
Attorney ror derend t
36 South Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-6090
.lI\.CK B. M1\T1'IIEWS,
IN THE COURT OF CO~IMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVA.'UA
P11ltntiff
NO. 95-676
CIVIL TERM
VB.
,JON IRWIN t/a C S SYSTEJ.1S,
Defendant
RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially
in the following form:
PETITION FOR APPOINTMENT OF ARBIT~\TORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Davin W. ()@wce
, counsel for the plaintiff/~ in
tha above action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ ~.501i.IiO
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counselor are other-
wise disqualified to sit as arbitrators: Harry1d S. Irwin, Es1Uire,
36 S?uth Pitt Street. Cllr1is1e, PI\. 17013
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
~ua"'d'
ORDER OF COURT
A.'1D NOW, JUIIJ L I() , 19~, in consideration of the
foregoing petition, ~ 0 iJ vz..:f <AI 'dl:.s) Esq.. C'A/Z.O/ J.I' nd ~A ~
Esq., and Mf^/l.LItIl(E.!1-jj'~ESq., are appointed arbitrators in the
above-captioned action (or actions) as prayed for.
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
I rh,,, ploal 01 H.',yjL'l"-MUST BE FtLrO WITfIlN FIVE ,5 DA'r'S Af TfR fd"J[} rll{O fln"((' of nppen/. Chl'>(~ opplicoblc boxesJ
COMMONWEAlTH Of PENNSYlVANIA
COUNIY 0.<
.- -----~_._----_.._-.
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AFFIDAVIT:
I hereby W.I:t]f or off'rmlhLlI 1\!:fVCU
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"PI (jf IlK' NOl;(., uf :'FjJ!...~I. C{lI'\rll~jn P""J> N:i
;t/(1/1' of H'f't'/(t.I_.____ "I.
lei:i'lp' oHw:.hed h'!ff'tO, up\i up')" fh,~ Oplh.l!t"'.t"Uillf.'
_._._-_.-.~--.__. .-"'"..--.- :'1.. . t.\y IhC' ~ ';',(,! ,:'cr-
;)PC'f' fh{' O.:lli(I JU\fi{i.;: dl.'~'<jf1Ukd thtltl.ln 011
" P';I' (,,r,qj 'erv,(t' i hy l"il;!"_'d; (Il.!qi...t('ri:d~ fI,:,;I, 'Plldcr\
[.,' ;'ur.,flF.d: trpg;',li!red, m,:Jd. '"t'nd(~r\ !1.'t~;F' QlI,yh,.d hf'H""
,.,
whom rh._! Rul.:;......os cddwued on__,._<~___"_
moil, ~("ndct's receipt altoch(.d 11IJ'eto~
qr;d fUflh'~r !hnt , '.I~rvcd lh. Ruk. '0 file 1.1 Con'1;!;'; 11 ~)':>:"Hnf)(Hif"1~1
19~,,__
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l!h; clb'J"wi' Not,u: of /"'\ppeul '.Jf)(";" t!q' i:::j ~Hl" i'" Ie
j by p!'r~OI:>:d ~1~'~'U' by ::V'.',fit.d in; ,!e/r.d
SWORN
THIS
,MFIR....,Ef), M'HJ 5UBSCRIBW
DAY OF
BEFORE ME
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5'9"U'"'''' "I aU,on'
S'pnolu,. 01 '1II'<"JI h",lo,It whom ufl,dow.' ....01 made
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My (t)mmiuion npires on
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COMMON PLEAS NOTIFICATION
REQUEST FORM
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-04
PLAINTIFF NA""I: and AI)()f,rn.".
~ATTHEWS, JACK B
400 PROWELL DR.
CAMP HILL, PA 17011
L
OJN..,.. Ik)n
Ad<l'ftt
Glenn R. FARNER
5002 LENKER STREET
MECHANICSBURG, PA
r_ 17171761-8230
17055-0000
DEFENDANT
NA""C aM AnonlSU
~ON IRWIN, PRES./C.s. SYSTEMS
546 E. SPRINGVILLE
P.O. BOX 0167
~ARLISLE, PA 17013
VS.
INC
Glenn R. FARNER
5002 LENKER STREET
MECHANICSBURG, PA 17055-0000
DDckelNo,: CV-0000467-94
Dale Filed: 12/01/94
PleaH bo advisod that an appeal has beon filed in the above captlonod coso. Kindly uso this fo,m to indicate the ,esutt.
In this c.so, and ,oturn to tho llluing 8uthoflty (listod above)
RESULT OF APPEAL
SUMMARY APPEAL
APPEAL STRICKEN, .ppe.1 h.. bo.n dl.ollowod,
APPEAL DISCONTINUED, oppo.1 h.. boon di.onlinuod by .ppoll.nt.
DISTRICT JUSTICE DECISION UPHELD. court has 'oached same decision 8S o,iginal district justice doclsion.
_ district justice office is to colloct ,omaining tines/costs.
APPEAL SUCCESSFUL. court h.. ro.chod d.ci.ion I.vor.blo 10 d.londont.
tull ,efund to bo issued by district Justice office,
partial ,otund to be Issuod by district justic. office.
REVISED DISTRIBUTION OF FINES AND COSTS
If district justice office Is to issue 8 partial ,otund, please indicato any new dlst,ibution in the amount,s)
ot fines and coats as a ,osuft of tho court', decision,
FINE EMS
COUNTY CAT COST CAT
STATE CAT COST JCP
STATECSn DVC
HEARING COST CVC
CCD
OTHER(pl.... .p.clfy)
CIVIL t' PEAL
APPEAL STRICKEN. .ppo.1 h.. bo.n di..llow.d.
APPEAL DISCONTINUED. .pp..1 h.. boon di.continu.d by .pp.lI.nt.
DISTRICT JUSTICE DECISION UPHELD. court h.. ro.ch.d Iho ..mo docl.ion .. tho di.lric! ju.llc. judgmont.
DISTRICT JUSTICE DECISION DISMISSED, court h.. ,..ch.d . docl.lon Ih.1 do.. not concur wilh Iho dl.lrlct justic. judgmont.
WRIT OF CERTIORARI
WRIT STRICKEN. oppo.1 h.. b.on di..llowod.
WRIT DISCONTINUED. wrrt h.. boen dl.conlinu.d by .ppoll.nt.
DISTRICT JUSTICE DECISION SET ASIDE, the c... will bo r.h..rd duo 10 1".gul.rily.l.ck 01 luri.diclion. or Improp.r v.nuo,
WRIT DISMISSED. district justice docision was not found to be flawed. lacking jurisdiction, or having Impropo, vonuo.
STATEMENT OF OBJECTION (Pl.... glva a g.n.....umm.ry oltho r.,ult.)
OBJECTION DISCONTINUED. obj.clion h.. b.on di.conlinu.d bV Ih. oppoll.nt
OBJECTION DENIED, obioction h.. boon d.nl.d bV tho Court of Common Pl...,
OBJECTION UPHELD. appellant's objoctlon has boon upheld by tho Court of Common Ploas.
AOPC 729.94
FORM PRINTED:
2/08/95
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IThj, prool 01..,,1,. MUST BE FILED WITHIN FIVE IS; DAYS AfTER /d,ng Ihe notire 0/ "ppenl. Cherkapplicobl.'h"..s"
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IIAROLD S. IRWIN, III. ESQUIRE
AlTORNEV lD NO. 2!1!1ZCI
36 SOUTII PllT STREET
CARLISLE PA 171113
(717) Z43-6C1!1C1
AlTORNEV FOR DEFENDANT
JACK B. MATTHEWS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACfION - LAW
JON IRWIN, t/a C S SYSTEMS
Defendant
: NO. 95 - 676 CIVIL TERM
NOTICE TO PLEAD
TO: JACK B. MATTHEWS, Plaintiff, and DAVID W. DeLUCE, ESQUIRE, attorney for
plaintiff:
You are hereby notified to plead to the within New Matter within twenty (20) days
from serviee hereof or a default judgment may be entered against you.
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IIAROLD S. IRWIN, III, ESQUIRE
ATIORNEV ID NO. 29920
36 SOUTII PITI STREET
CARLISLE PA 170IJ
(717) 243-6090
ATIORNEV FOR DEFENDANT
JACK B. MAITflEWS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
JON IRWIN, tla C S SYSTEMS
Defendant
: NO. 95 - 676 CIVIL TERM
.
.
DEFENDANT'S ANSWER TO
PLAINTIFF'S AMENDED COMPLAINT
NOW, comes the defendant, Jonathan J, Irwin, tla C S Systems, by his attorney, Harold S,
Irwin, III, Esquire, and responds to plaintift's amended complaint as follows:
I, The averments of paragraph one of plaintift's amended complaint are admitted,
2, The averments of paragraph two plaintift's amended complaint are admitted, By
way of further response, defendant's proper name is Jonathan J, Irwin, tla C S Systems,
3, The averments of paragraph three of plain tift's amended complaint are admitted
4. The averments of paragraph four of plain tift's amended complaint are admitted,
By way offurther response, however, various modifications were made to the agreement of the
parties during the course of construction.
'.
5, The averments of paragraph five ofplaintifl's amended complaint are admilled.
6, The averments of paragraph six ofplaintifl's amended complaint are admilled, By
way of further response, however, defendant avers that the agreement was tenninated by mutual
consent of the parties, resulting in a reduction of the contract price by over $1,000.00 and the
acceptance by plaintiff of the work as completed to that date,
Count I
7, Defendant's responses to plaintifl's amended complaint, paragraphs one through six
inclusive, are incorporated herein by reference as if fully set forth at length,
8, The averments of paragraph eight ofplaintifl's amended complaint are admitted in
part and denied in part, It is admilled that defendant provided goods and services to plaintiff
during the times specified and that plaintiff raised various questions about portions of defendant's
work which the defendant was attempting to resolve, It is specifically denied that there were any
material deficiencies or defects in the construction by defendant at plaintiff's home. By way of
further response, defendant avers that at the time that the agreement was tenninated by mutual
consent of the parties, defendant agreed to a reduction of the contract price by over $1,000,00 as
an accommodation to plaintiff and plaintiff agreed to accept the work as completed to that date by
defendant.
9, The averments of paragraph nine ofplaintifl's amended complaint are admitted in
part and denied in part, It is specifically denied that there were any material deficiencies or
defects in the construction by defendant at plaintiff's home. By way of further response,
defendant avers that at the time that the agreement was terminated by mutual consent of the
"
parties, defendant agreed to a reduction of the contract price by over SI,OOO.OO as an
accommodation to plaintiff and plaintiff agreed to accept the work as completed to that date by
defendant. Additionally, defendant responds generally to this paragraph by stating that it is his
belief and therefor he avers that the work was perfonned properly and in a good and workmanlike
manner and that any unsatisfactory condition since completion of defendant's work was solely due
to the excessive and extraordinary weather conditions suffered throughout the Winter of 1993-
1994, Defendant further responds to the avennents contained in the subparagraphs of this
paragraph as follows:
A. It is specifically denied that the ridge vent was installed out of line; to the
contrary, the ridge vent was installed properly and in a good and workmanlike manner;
B, It is specifically denied that the defendant's installation of the ridge vent
nails caused any water to enter the roof structure; to the contrary the ridge vent nails were
installed properly and in a good and workmanlike manner;
C, It is denied that the ridge vent cover shingles are exposed and backed out
through the caulking by reason that after reasonable investigation defendant is without knowledge
sufficient to fonn a belief as to the truth of these avennents and proof thereof at tria! is demanded,
if relevant;
D, It is denied that the roofing nails lifted through several shingles and broke
the roof surface by reason that after reasonable investigation defendant is without knowledge
sufficient to form a beliefas to the truth of these averments and proof thereof at tria! is demanded,
if relevant;
and avers that he did, in fact, use such reasonable and ordinary care and skill in the performance
of this contract.
II. The averments of paragraph eleven ofplaintifrs amended complaint are
conclusions of law to which no response is required, However, to the extent that a response may
be required defendant admits that he had the ordinary skill and ability in his business and
profession and agreed to exercise the same in this project and avers that he did, in fact, use such
reasonable and ordinary care and skill in the performance of this contract.
12, The averments of paragraph twelve ofplaintifrs amended complaint are
conclusions of law to which no response is required. However, to the extent that a response may
be required defendant admits that he agreed to do the work in this project in a reasonably
workmanlike manncr as averred therein and that it would be fit for habitation as a residential
dwelling and avers that he did, in fact, do the work in this project in a reasonably workmanlike
manner and that thl' premises after such work was fit for habitation as a residential dwelling,
13. The averments of paragraph thirteen ofplaintifrs amended complaint are
specifically denied, To the contrary, defendant believes and therefor avers that the work was
performed properly and in a good and workmanlike manner and that any unsatisfactory condition
since completion of defendant's work was solely due to the excessive and extraordinary weather
conditions suffered throughout the Winter of 1993-1994. Defendant further avers that at the time
that the agreement was terminated by mutual consent of the parties, defendant agreed to a
reduction of the contract price by over $1,000,00 as an accommodation to plaintiff and plaintiff
agreed to accept the work as completed to that date by defendant.
'.
14. The averments ofparngraph fourteen ofplaintirrs amended complaint are denied
by reason that after reasonable investigation defendant is without knowledge sufficient to form a
belief as to the truth of these averments and proof thereof at trial is demanded, if relevant.
However, defendant specifically denies that he breached any warranty to plaintiff or that any
defects and deficiencies were the result of any failure of defendant to perform the work in a good
and workmanlike manner, To the contrary, defendant believes and therefor avers that the work
WRS performed properly Rnd in a good and workmanlike manner and that any unsatisfactory
condition since completion of defendant's work was solely due to the excessive and extraordinary
weather conditions suffered throughout the Winter of 1993-1994. Defendant further avers that at
the time that the agreement was terminated by mutual consent of the parties, defendant agreed to
a reduction of the contract price by over $1,000.00 as an accommodation to plaintiff and plaintiff
agreed to accept the work as completed to that date by defendant.
15, The averments of paragraph fifteen ofplaintirrs amended complaint are admitted
in part and denied in part, It is admitted that defendant has refused to pay any sum of money to
plaintiff. It is denied, however, that defendant breached any warranty to plaintiff, lillt; defendant
has any obligation to plaintiff, or that prior to this litigation plaintiff made any demands upon
defendant to pay the sums of money demanded in plaintirrs complaint. To the contrary, defendant
believes and therefor avers that the work was performed properly and in a good and workmanlike
manner and that any unsatisfactory condition since completion of defendant's work was solely due
to the excessive and extraordinary weather conditions suffered throughout the Winter of 1993-
1994, Defendant further avers that at the time that the agreement was terminated by mutual
consent of the parties, defendant agreed to a reduction of the contract price by over $1,000,00 as
an accommodation to plaintiff and plaintiff agreed to accept the work as completed 1\1 that date by
defendant.
WIIEREFORE. defendant demands that plaintitrs amended complaint be
dismissed and that judgment be entered on behalf of the defendant and against the plaintiff.
Count II
16, Defendant's responses to plaintiffs amended complaint, paragraphs one through
fifteen inclusive, arc incorporated herein by reference as if fully set forth at length.
17. The averments of paragraph seventeen of plaintiffs amended complaint are
admitted in part and denied in part, It is specifically denied that defendant, his agents and
employees were negligent or that they performed defendant's contract with plaintiff in a negligent
manner. By way of further response, defendant avers that at the time that the agreement was
terminated by mutual consent of the parties, defendant agreed to a reduction of the contract price
by over $1,000,00 as an accommodation to plaintiff and plaintiff agreed to accept the work as
completed to that date by defendant. Additionally, defendant responds generally to this paragraph
by stating that it is his belief and therefor he avers that the roof work was performed properly and
in a good and workmanlike manner and that any unsatisfactory condition since completion of
defendant's work was solely due to the excessive and extraordinary weather conditions suffered
throughout the Winter of 1993-1994. Defendant further responds to the averments contained in
the subparagraphs of this paragraph as follows:
A. It is specifically denied :hat the ridge vent was installed out of line; to the
contrary, the ridge vent was installed properly and in a good and workmanlike manner;
B, It is specilically denied that the defendant's installation of the ridge vent
nails caused any water to enter the roof structure; to the contrary the ridge vent nails were
installed properly and in a good and workmanlike manner;
C, It is denied that the ridge vent cover shingles are exposed and backed out
through the caulking by reason that after reasonable investigation defendant is without knowledge
sufficient to form a beliefas to the truth of these averments and proofthereofat trial is demanded,
if relevant;
D. It is denied that the roofing nails lifted through several shingles and broke
the roof surface by reason that after reasonable investigation defendant is without knowledge
sufficient to form a belief as to the truth of these averments and proof thereof at trial is demanded,
if relevant;
E, It is specilically denied that the roof shingles were installed improperly; to
the contrary, the roof shingles were installed properly and in a good and workmanlike manner;
F, It is specifically denied that the roof shingles were installed improperly; to
the contrary, the roof shingles were installed properly and in a good and workmanlike manner;
G, It is specifically denied that the ridge vent is not installed to required
specifications; to the contrary, the ridge vent was installed properly and in a good and
workmanlike manner;
H, The averments ofthis subparagraph are admitted; however, by way of
further response, said water line was repaired;
1. The averments ofthis subparagraph are admitted; however, by way of
further response, plaintiffs request to tenninate the defendant's work and the parties agreement
to tenninate upon a reduction of the contract price and acceptance of the work as perfonned to
that date prevented defendant from taking further remedial action on the project;
J, The averments of this subparagraph are admitted; however, by way of
further response, plaintiffs request to tenninate the defendant's work and the parties agreement
to tenninate upon a reduction of the contract price and acceptance of the work as perfonned to
that date prevented defendant from taking further remedial action on the project;
18, The averments of paragraph eighteen of plaintiffs amended complaint are
specifically denied, To the contrary, defendant did properly supervise his agents, employees and
contractors during the construction at plaintiff's home, Additionally, defendant believes and
therefor avers that the work was perfonned properly and in a good and workmanlike manner and
that any unsatisfactory condition, losses or damages since completion of defendant's work was
solely due to the excessive and extraordinary weather conditions suffered throughout the Winter
of 1993-1994.
19, The averments of paragraph nineteen of plaintiff's amended complaint are
specifically denied, To the contrary, defendant did properly supervise his agents, employees and
contractors during the construction at plaintiff's home, Additionally, defendant believes and
therefor avers that the work was perfonned properly and in a good and workmanlike manner and
that any unsatisfactory condition, losses or damages since completion of defendant's work was
solely due to the excessive and extraordinary weather conditions suffered throughout the Winter
of 1993-1994,
20, The averments of paragraph twenty of plain tilT's amended complaint contain
conclusions oflaw to which no response is required, However, to the extent that a response may
be required. [hese averments are denied by reason that after reasonable investigation defendant is
without knowledge sufiicientto form a belief as to the truth of these averments and proof thereof
at trial is demanded, if relevant, However, defendant specifically denies that defendant, his agents
or employees were negligent or that they performed defendant's contract with plaintiff in a
negligent manner. By way of further response, defendant avers that at the time that the agreement
was terminated by mutual consent of the parties, defendant agreed to a reduction of the contract
price by over $1,000,00 as an accommodation to plaintiff and plaintiff agreed to accept the work
as completed to that date by defendant. Additionally, defendant responds generally to this
paragraph by stating that it is his belief and therefor he avers that the roof work was performed
properly and in a good and workmanlike manner and that any unsatisfactory condition since
completion of defend ant's work was solely due to the excessive and extraordinary weather
conditions suffered throughout the Winter of 1993-1994,
21. The averments of paragraph nineteen of plaintiff's complaint are admitted in part
and denied in part, It is admitted that defendant has refused to pay any sum of money to plaintiff.
It is denied, however, that defendant had any duty to do so which he has breached, To the
contrary, defendant believes and therefor avers that the work was performed properly and in a
good and workmanlike manner and that any unsatisfactory condition since completion of
defendant's work was solely due to the excessive and extraordinary weather conditions suffered
throughout the Winter of 1993-1994, Defendant further avers that at the time that the agreement
was terminated by mutual consent of the parties, defendant agreed to a reduction of the contract
price by over $1,000,00 as an accommodation to plaintiff and plaintiff agreed to accept the work
as completed to that date by defendant.
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HAROLD S. IRWIN. III
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0096BB.000011Oecember 6. 1996IOWD/MH/46B61
JACK B. MA'ITHEWS,
IN THE COURT or COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-676 CIVIL TERM
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Plaintiff
vs.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
JON IRWIN tla C S SYSTEMS,
Defendant
PETITION FOR RULE ABSOLUTE
AND NOW, comes the Plaintiff, Jack B. Matthews, by and through his attorneys, Johnson, Duffle, Stewart
& Weidner, and avers In suppon of this Petition for Rule Absolute a~ follows:
I, Plaintiff filed a Petition to Amend bls Complaint on or about November 9, 1995. Attached hereto and
made a pan hereof as Exhibit" A" Is a true and corre~t copy of the Petition to Amend Complaint.
2. On or about November 15, 1995, the Coun Issued a Rule to Show Cause upon the Defendant why the
Complaint should not be amended as requested by the Plaintiff. AlIached hereto as part of Exhibit" A" Is a true and
~llrrect copy of said Rule to Show Cause,
3, The Rule was served on counsel for the Defendant on November 20. 1995 and more than fifteen (IS)
days have elapsed and no answer has been filed In response thereto by the Defendant, Attached hereto and made a
pan hereof as Exhibit "B" is a true and correct copy of the ~ertllied mail return receipt card evidencing service upon
Defendant's counsel.
00966B.OOOOllDecembor 5, 1995IDWD/MH/4BB61
CERTIFICA.TE OF SERVICE
I, David W. DeLuce, of the law firm of Johnson, Duffie, Stewart & Weidner, attorneys for the Plaintiff, Jack
8, Matthews, do hereby certify that 1 served a true and correct copy of the attached Petition by United States Mall,
tirst class, postage prepaid, upon the Counsel listed below:
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Harold S. Irwin, III, Esquire
36 South Pitt Street
Carlisle. PA 17013
Date:
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exhibit A
009688-0000liNovcmbcr 8, 199,iDWDiMH/48!06
NOV 1 5 1995d""-
JACK B, MATTHEWS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 95.676 CIVIL TERM
vs,
JON IRWIN tla C S SYSTEMS,
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
Defendant
RULE TO SHOW CAUSE
AND NOW, this I.flt.- day of 1Zn1.t~, 1995, on motion of the Plaintiff, a rule is
entered on the Defandant to show cause why Count II of Plaintiff's Complaint should not be amended to
allow tha inclusion of the following two paragraphs:
18, Defendant was negligent in that he failed to supervise his
agents. employees and contractors during the construction at Plaintiff's home
which caused Plaintiff to sustain the losses and damages, Including property
damages, as set forth in paragraph fourteen (14) here",.
19. Defendant's failure to properly and adequately supervise and
control the work performed by his employees. agents and contractors during
the construction at Plaintiff's property directly resulted In the losses and
damages set forth In paragraph fourteen (14) herein.
Rule returnable /.( days from service upon Defendant's counsel.
BY THE COURT,
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TRUE COPY FROM RECORD
In TOSllmf}!'l/ wh::lroof,1 here unto Slrt my hand
2nd the 5~ of said Court at Car11s1e Pa
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ProthonotMy
009688'OOOOIlNovember 8. 199"D....'DfMHf48~06
JACK B. MATTHEWS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-676 CIVIL TERM
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
Plaintiff
vs.
JON IRWIN tla C S SYSTEMS,
Defendant
PETITION TO AMEND COMPLAINT
AND NOW, comes the Plaintiff, Jack B. Matthews, by and through his attorneys, Johnson, Duffie.
Stewart & Weidner, and avers in support of this Petition as follows:
1. Plaintiff filed a Complaint in the above case on February 24, 1995. Attached hereto and
made a part hereof as Exhibit" A" is a true and correct copy of the Complaint.
2. Defendant filed an Answer with New Matter on March 10, 1995.
I
3. Plaintiff's Complaint contains two counts, one based on breach of implied warranty of I
habitability and the second based upon negligence and both seek damages In the amount of $5.402.60 i
I
plus costs and interest. ,
4. Subsequent to the filing of the Complaint. Plaintiff has learned of additional facts concarning I
I
the activities of the Defendant which amplify the original claim and further supports Plaintiff's POSltlOn.j
I
I
I
I
I
I
5.
Plaintiff proposes to add to the Complaint. in Count II, the following paragraphs:
18. Defendant was negligent in that he failed to supervise his
agents. employees and contractors during the construction at Plaintifl's home
which caused Plaintiff to sustain the losses and damages, including property
damages, as set forth in paragraph fourteen (14) herein.
009688.??oo If November 8. 19951D....'D/MH/48~06
CERTIFICA TE OF SERVICE
I, David W. DeLuce, of the law firm of Johnson. Duffie, Stewart & Weidner, attorneys for Plaintiff, J
Jack B. Matthews, do hereby certify that I served a true and correct copy of the attached Petition to i
Amend Complaint by United States Mail. first class, postage prepaid, upon the Counsel listed below: I
Harold S. Irwin, III, Esquire
36 South Pitt Street
Carlisle. PA 17013
~"
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Date:
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009688-OOOOI/o-mbcr 14. 1995/DWD/MH/47686
F. The ends of the shingles ere offset improperly which falls to provida a proper
watershed condition;
G. The ridge vent Is not installed to required specifications:
H. A new water line was broken by improperly driving a nail through tha line:
I. Allowing a PVC fitting to come off a copper pipe resulting in a significant water laak
and the ceiling to collapse below: and
J. Falling to shut off the main water supply before installing a new faucat which
allowed water to leak all over the upstairs bathroom causing a hole In the cailing
below and further water damage.
10. Defendant Impliedly warranted to Plaintiff that he would use reasonable and ordinary care
and skill in the applicetion of his professional knowledge to accomplish the construction at Plaintiff's
residence.
11. Defendant impliedly warranted to Plaintiff that he hed the ordinery skill and ability in his
business and profession, and would exercise the same in the construction at Plaintiff's residence.
12. Defendant impliedly warranted to Plaintiff that the construction at Plaintiff's residence would
be in e reasonably workmanlike manner and that it would be fit for habitation as a residential dwelling.
13. Defendant failed to perform the construction at Plaintiff's residence in a reasonably
workmanlike manner, free from the verious defects end deficiencies made reference to in paragraph nine
(9) of this Complaint
009688-OOOOIIDcecmbcr 14, 19951DWD/MH/47686
C. The roofing nails used to Install the ridge vent cover shingles are exposed and
backed out through the ceulklng:
D. The roofing nails lifted through several shingles and broke the roof surface:
E. The roof shingles were instelled in verticelly oriented sections:
F. The ends of the shingles are offset improperly which fails to provide e proper
wetershed condition:
G. The ridge vent is not instelled to required specifications:
H. A new water line was broken by negligently driving a nail through the line:
I. By allowing a PVC fitting to come off a copper pipe resulting in a significant water
leak and the ceiling to collapse below: and
J. Falling to shut off the main water supply before installing a new faucet which
allowed water to leak all over the upstairs bathroom causing a hole in the ceiling
below end further water damege.
18. Defendent was also negligent in that he failed to supervise his agents, employees and
contractors during the construction at Plaintiff's home which caused Plaintiff to sustain the losses and
damages, including property damages, as set forth in paragraph fourteen (14) herein.
19. Defendant's failure to properly and adequately supervise and control the work performed
by his employees, agents and contractors during the construction at Plaintiff's property directly resulted
in the losses and damages set forth in paragraph fourteen (14) herein.
009688-OOOOllDeecmbcr 14. 1995/DWDIMH/47686
CERTIFICA TE OF SERVICE
I, David W. DeLuce, of the law firm of Johnson, Duffie, Stewart & Weidner, ettorneys for Plaintiff,
do hereby certify that I served a true and correct copy of the ettached Complaint by United States Mall,
first class, postage prepaid, upon the Counsel listed below:
Harold S. Irwin, III, Esquire
Irwin, Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Date:
c;
, ,
. .
a Chimney Sweeps Systems
. [J C S Systems
a Artisan Deck
JOB ESTIMATE. 8-11-93
Main Office'
P.O. Box 1067
Carlisle. PA 17013
0,
Jonathan J. Irwin
Carlisle(Maln Offlce)....(717) 243.0424
Harrisburg ................... (717) 236.5899
Gettysburg .................. (717) 337.1222
Dillsburg...................... (717) 432.81115
PHONE 7:; 7 _ 5 25 3 DATE OF ORDER
ORDER TAKEN BY Jon I rw in
o DAY WORK 0 CONTRACT 0 EXTRA
JOB NAMEiNUMBER
JOB lOCATION
fum
Cam Hill Pa. 17011
QTY.
MATERIAL
AMOUNT
DESCRIPTION OF WORK
1. Taar off existing shingl s and tar
a" IJ~~~ ~n ha ~nmp'~~~~
n ra-shinole.
2. Ccver soffit anf facia
th alum.
in a timelY fashion starting
by late August 1993
":1 A 1 Q a
4 nsulate and dr -waal os aoe rouo )
5. Install , light
sk
6. Finish bathroom
7 p!"g",!!,~ room oelow b"t;' or cainti ,~
e. Hen9 t.,-o c'3ilino fans
~ P.=,,,',, :s rfo'-;",'c f... ... .,
" " I n I, e
an:~ also furniture to t;~ 'tal<dn.
Other
Amount
,:
.""
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T~" n~ice--------------- $ 5 Bi5.u'
~~
* e~~~ ~~~~.4M~ i~ r==~~~
,. ~"'\ Cl.
-0_
....frJI-o. I~
"'PI ~~ $'f
t::l,...d.e~
~8~.~
-) &...)( .,to 4d('.,!rE~)
)')6"'1/4..
-L -rt.q",J:r
-r:'
Q01'''
~ce~/at ~ l.se oar so
ft.
L/. 80::/. .-
~
Total Labor
~ 6.rkl~IS
VL.< -!rota! Other
Dale Completed Total Materials
Worl< order by
Signature
Terms: 1.5% Interest charged on all accounts alter 30 days
50% Deposit. Balance due upon completion
.
Tax
Total (~'; r. ~ r u ; .:. \,;
TltANk You
g '.0 0
(Jl -11
0':: c:> ::;1
~~ ,."
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Ze' N "'Tlm
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009688-0000IlNovembc:r 8, 19951DWD/MH/48Z06
:
JACK B. MATTHEWS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95.676 CIVIL TERM
CIVIL ACTION - LAW
Plaintiff
vs.
JON IRWIN tla C S SYSTEMS,
JURY TRIAL DEMANDED
Defendant
RULE TO SHOW CAUSE
AND NOW, this ,..,-- day Of~' 1995, on motion of the Plaintiff, a rule is
entered on the Defendant to show cause why Count II of Plaintiff's Complaint should not be amended to
allow the inclusion of the following two paragraphs:
18. Defendant was negligent in that he failed to supervise his
agents, employees and contractors during tha construction at Plaintiff's home
which caused Plaintiff to sustain the losses and damages, including property
damages, as set forth in paragraph fourteen (14) herein.
19. Defendant's failure to properly and adequately supervise and
control the work performed by his employees, agents and contractors during
the construction at Plaintiff's property directly resulted in the losses and
damages set forth in paragraph fourteen (141 herein.
--
Rule returnable J2- days from service upon Defendant's counsel. /
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.
J.
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1";~!.lA$J;~]d
,\lI:,'r'J 'J"':'Hl1ir/nO
J.I.J'; 1,,'fl,hJ,;,:;Ud ji1.i. Jtj
30I,;/;IO'OJII;
56. UV EZ 9 91 ADN
009688-OOOOI/Novembcr8, 19951DWD/MH/48206
JACK B. MATTHEWS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-676 CIVIL TERM
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
vs.
JON IRWIN t/a C S SYSTEMS,
Defendant
PETITION TO AMEND COMPLAINT
AND NOW, comes the Plaintiff, Jack B. Matthews. by end through his attorneys, Johnson, Duffie,
Stewart & Weidner, and avers in support of this Petition as follows:
1. Plaintiff filed a Complaint in the above case on February 24, 1995. Attached hereto and
made a part hereof as Exhibit "A" is a true and correct copy of the Complaint.
2. Defendant filed an Answer with New Matter on March 10, 1995.
3. Plaintiff's Complaint contains two counts, one based on breach of implied warranty of
habitability and the second based upon negligence and both seek damages in the amount of $5.402.60
plus costs and interest.
4. Subsequent to the filing of the Complaint, Plaintiff has learned of edditional facts concerning
the activities of the Defendant which amplify the original claim and further supports Plaintiff's position.
5. Plaintiff proposes to add to the Complaint. in Count II, the following paragraphs:
18. Defendant was negligent in that he failed to supervise his
agents, employees and contractors during the construction at Plaintiff's home
which caused Plaintiff to sustain the losses and damages, including property
damages, as set forth in paragraph fourteen (14) herein.
009688,??oo 1 fNovember 8. 1995fDWDfMIlI48~06
19. Defendant's failure to properly and adequately supervise end
control the work performed by his employees, agents and contractors during
the construction at Plaintiff's property directly resulted In the losses end
damages set forth in paragraph fourteen (14) herein.
6. The above allegations do not constitute a new cause of action nor are they being filed after
the expiration of the statute of limitations.
WHEREFORE, Petitioner. Jack B. Matthews, requests leave of court to amend his Complaint by
adding to Count II the paragraphs listed above.
JOHNSON, DUFFIE. STEWART & WEIDNER
Date:
--
7
?
avid . DeL ce
Attorney I.D. No. 41687
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Jack B. Matthews
009688-OOOOI/November 8. 1995/DWD/MH/48~06
CERTIFICA TE OF SERVICE
I, David W. DeLuce, of the law firm of Johnson, Duffie, Stewart & Weidner, attorneys for Plaintiff,
Jack B. Matthews, do hereby certify that I served a true and correct copy of the attached Petition to
Amend Complaint by United States Mail, first class. postage prepaid, upon the Counsel listed below:
Harold S. Irwin, III, Esquire
36 South Pitt Street
Carlisle, PA 17013
Date:
----
?
&1,~''''',,,... "U'''''-J 'tJ" "''-''-'''0 @
exhibit A
0096n.oooolfFebruary~3, 1995/DWDfMH/41884
FILE COPl
JACK B. MATTHEWS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-676 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Plaintiff
vs.
JON IRWIN tla C S SYSTEMS,
Defendant
NOTICE TO DEFEND
To the Defendent:
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 defense I
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 furthar 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND'
OUT WHERE YOU CAN GET LEGAL HELP.
---
.....
c.=
Court Administrator
Cumberland County Court House
1 Courthouse Square
Carlisle. Pennsylvania 17013
Telephone: (717) 240.6200
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009688.oooollFebru>ry:!3. 1995/DWD/MH/41884
..
JACK B. MATTHEWS,
IN THE COURT OF COMMON PLEAS OF
cUMBEflLAND COUNTY, PENNSYLVANIA
NO. 95-676 CIVIL TERM
Plaintiff
vs.
JON IRWIN tla C S SYSTEMS,
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
Defendant
COMPLAINT
AND NOW, comes the Plaintiff, Jack B. Matthews, by his attorneys, Johnson, Duffie, Stewart &
Weidner, who files the within Complaint and in support thereof states the following:
1. Tha Plaintiff, Jack B. Matthews, is an adLoit individual residing at 400 Prowell Drive, Camp
Hill, Cumberland County, Pennsylvania.
2. The Defendant, Jon Irwin, is an adult Individual trading as C S Systems with a mailing
address of P.O. Box 1067, Carlisle. Pennsylvania 17013. and a street address of 546 East springville,
Road, Carlisle, Pennsylvania 17013. I
3. The Plaintiff is the owner of a single family residence and tract of grou~d commonly known!
as 400 Prowell Drive. Camp Hill, Cumberland County, Pennsylvania.
4. On or about August 11. 1993, the Plaintiff and Defendant entered into an agreement fori
the construction by Defendant to Plaintiff's residence of a new roof, soffit and facia with aluminum, new,
gutters and down spouts. insulation and dry wall of a garage, installation of a sky light, completion of a
I
bathroom, completion of an additional room, and installation of two ceiling fans and roof vents. Attached'
hereto as Exhibit" A" is a memorandum prepared by the Defendant for Plaintiff as an estimate which I
I
summarizes the agreement between the parties. :
I
009688-OOOOIIFebruory 23. 1995/DWD/MH/41884
5. The construction was commenced by the Defendant and his employees and agents in
August 1993 after Plaintiff provided a deposit to Defendant of $3,000.00.
6. On or about November 16, 1993, Plaintiff terminated the agreement and paid the Defendant
an additional $1.800.00 which was accepted by the Defendant and is noted on the document attached
hereto as Exhibit' A' and signed by the Defendant.
COUNT I
7. The averments of paragraphs one (1) through six (6), inclusive, ara incorporated by
reference in this paragraph as if fully set ,forth herein In their entiraty.
8. During the construction by Defendant and his employees and agents from August 1993
through November 1993, various deficiencies and defects in the construction at Plaintiff's residence arose
and were discovered by Plaintiff.
9. Work performed by Defendant and his employees and agents was defectively, deficiently
and improperly constructed in the following respects:
A. The ridge vent for the roof was installed out of line;
B. The ridge vent nails were uncaulked causing the vent to lift and allow water to enter
the roof structure:
C. The roofing nails used to install the ridge vent cover shingles are exposed and now
backed out through the caulking;
D. The roofing nails lifted through several shingles and broke the roof surface:
E. The roof shingles were installed in vertically oriented sections;
~
/,
,
"
009688,oooollFebruary ~4. 1995/DWD/MH/41814
F. The ends of the shingles are offset improperly which fails to provide a proper
watershed condition:
G. The ridge vent is not installed to required spacifications:
H. A new water line was broken by Improperly driving a nail through the line:
I. Allowing a PVC fitting to come off a copper pipe resulting in a significant water leak
and the ceiling to collapse below: and
J. Failing to shut off the main water supply before Installing a new faucat which
allowed water to leak all over the upstairs bathroom causing a hole in the ceiling
below and further water damage.
10. Defendant impliedly warranted to Plaintiff that he would use reasonable and ordinary care
end skillin the application of his professional knowledge to accomplish the construction at Plaintiff's
residence.
11. Defendant impliedly warranted to Plaintiff that he had the ordinary skill and ability in his
business and profession, and would exercise the same in the construction at Plaintiff's residence.
12. Defendant impliedly warranted to Plaintiff that the construction at Plaintiff's residence would
be in a reasonably workmanlike manner and that it would be fit for habitation as a residential dWelling.,
13. Defendant failed to perform the construction at Plaintiff's residence in a reasonably I
workmanlike manner, free from the various defects and deficiencies made reference to in paragraph nine i
(9) of this Complaint. I
I
I
I
Ii
009688,OOOOI/Febnury ~4. 1995/DWD/MH/41884
14. By reason of the defects and deficiencies noted in paragraph nine (9) herein, which defects
and deficiencies were direct and proximate of Defendant breaching his Implied werranty that Oafendant
would perform construction at Plaintiff's residence in a reasonably workmanlike manner. Plaintiff spent
or is required to spend the following sums in order to remedy and repair his home:
A. Main roof and vent replacement $3,124.00
B. Emergency Plumbing Repairs (Cropf Brothers) $84.97
C. Building materials for bathroom that
were damaged or destroyed $721.63
D. Labor to reconstruct damaged bathroom $1.472.00
TOTAL 5.402.60
15. Oespite demand by Plaintiff, Defendant has failed and refused
reasonable cost of Defendant breaching his implied warranty to Plaintiff.
to pay to Plaintiff the
I
I
WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $5.402.60,\'
together with interest and costs of this suit, and the costs awarded to Plaintiff In the District Justice
Judgment of $104.00.
COUNTY i
I
16. The averments of paragraphs one (1) through fifteen (15), inclusive, ara Incorporated by!
reference In this paragraph as if fully set forth herein in their entirety. I
,
,
17. Defendant, his agents and employees. were negligent and improperly performed his contract!
with Plaintiff in performing the construction at Plaintiff's residence in the following manner: I
I
I
i
A. The ridge vent for the roof was installed out of line; ,
,
,
I
I
I
I
I
I
"
Ii
009688-OOOOl/FebNlry ~4, 199'/DWD/MH/41814
WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $5,402.60,
together with interest and costs of this suit, and the costs awardad to Plaintiff in the District Justice
Judgment of $104.00.
JOHNSON. DUFFIE, STEWART & WEIDNER
By:
avid W. eLuce
Attorney I.D. No. 41687
301 Market Street
P.O. Box 109
Lilmoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
II
11
'I
009688-OOOOIIFcbruary 23, 19951DWD/MH/41884
VERIFICA TION
I, Jack B. Matthews, verify that the statements made in the foregoing Complaint ere true and
correct to the best of my knowledge, Information and belief. I understand that falsa statements herein
are made subject to the penalties of 18 Pa.c.S. i4904 relating to unsworn falsification to euthorlties.
Date: /Zf;;bl41':t .~ ..j It/~
I r
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Labor
-:JAJ:K
A..$ ~ ~ r (7.,,' rJl;~(.. b;"o/vr.J-;.
, I ,
-fi..<- -IdA' / /,); '1- ~ -I tAJ ~~
....f~... I ~ oiIf< ~~, ~
?/€.e: f"f ~t2..) '/0 4,t~('8.s
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,
JOB ESTIMATE 8--11-93
o Chimney sweeps systems
. tIJ C S systems
o Artisan Deck
PHONE 737-525: OATEOF OROER
OROER TAKEN BY J on I r'" in
o CONTRACT 0 EXTRA
"
o OAYWORK
Jonathan J. hwln
Carllsle(Maln Ofllce) ....(717) 243.0424 JOB NAME/NUMBER
Harrisburg ................... (717) 236-5899 J08LOCATION
Gettysburg .................. (717) 337.1222
Ol\lsburg...................... (717) 432.8185 Rl!lllf
CemoHill Pa. 17011
I.,.' .,'~
tin -t', ..11 1'1,.
--
Main Office'
P.O. Box 1067
Carlisle. PA 17013
OESCRIPTION OF WORK
CTY.
MATERIAL
AMOUNT
1. Tear off existir.g shingl s end tar
a,' IJ~-~ ~~ ~. ~"mp'G~O~
in a ~imelv feshion st&rting
by l!te August 1~e3
2. Ccve= scffit enf facie w th alum.
'1 ""'~, ....0 :II
. ~,s" .~rt
CI: ,IIi-
4 nsu ete and d=v-weal ca ace roue)
5. Install s~ licht
6. Finis~ bathrcom
7. P~~~~~? r~o~ oelow b.t~ or c!in:i.~
e. ~=~~ ~~~ c9ili~Q fans
Other
Amount
":. ==,.._.,...= ,.~:..'!"'; c -F,,:,,"("'.:r. ;s .~.!~~ ;'" CI
3~: ~:5: fIJr~itu=e ~: C~ ~a~~~1
~a. ~::: ~!~:: tC C~ i~5~!1.~c.
I
'0~i, Amount.
'....
......
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S 5.t3i:i.oj'
"
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. - ~ ~ '!" .. 1"'1,-
,. :""~="''2.J
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WorK order by
Total Labor
c:.- ~k'~IS
DL. -!Jot3! Other
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Tolal MaWia:s
Tax
Tolal
":~ ;':!: ~;:..:
Sicna:ura
Terms: 7,5% Inwest clla';ed on all accounts a!w 3J days
TI.j..\~k You
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009611 OOOOllPobNll}' 7, 1996IDWDIMH/50351
JACK B. MATTHEWS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-676 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
vs.
JON IRWIN t'a C S SYSTEMS,
Defendant
PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MA TTER
AND NOW, comes the Plaintiff, by his attorneys and responds to Defendant's New Matter filed on
Januery 31, 1996 as follows:
22. No response necessary. See Plaintiff's averments in paragraph one (1) through twenty-one
(21) of Plaintiff's Complaint.
23. Admitted, It is admitted that Defendant ceased performing work in November 1993, prior
to the winter of 1993-94, upon mutual agreement of the parties.
24. Denied. While some snow and ice did periodically accumulate upon the roof of the
Plaintiff's home, it is denied that substantial and extraordinary amounts accumulated. On the contrary,
Plaintiff himself periodically removed the snow and Ice from the roof of his home during the winter of
1993-94.
25. Admitted. It is admitted that Plaintiff filed a claim with his homeowner's insurance company
for damages to his home suffered due to the weather conditions during the winter of 1993-94.
26. Admhted In IMrt. Denied In IMrt. It is admitted that Plaintiff's homeowner's Insurance
company Investigated his claim and paid a sum of money to Plaintiff to repair certain damages to
Plaintiff's home ceused by the weather conditions occurring during the winter of 1993.94. None of the
money paid by Plaintiff's homeowner's insurance company to Plaintiff was for the damages averred and
claimed in this lawsuit by Plaintiff. Plaintiff specifically and unequivocally denies that he was fully
009611 OOOOIIMIUU)' 7, 1996IDWDIMH/503'.
compensated by his insurance company for damages to his home 81 a result of the problems caused by
Defendant as averred in Plaintiff's Complaint.
27. Denied. This averment contains a conclusion of Jaw to which no response is required. To
the extent a response may be required, Plaintiff negotleted a reduced final payment because he hed been
dluatisfled with the quality of work performed by Defendant and his agents, and the length of time It was
taking to complete the project. When the perties agreed to a raduced payment, no release or settlement
of future claims was included In that Agreement. Moreover, at that time Plaintiff was unaware of many
of the problems which resulted from the faulty work performed by Defendent end his agents. At no time,
by agreeing to a reduced price, did Plaintiff agree to accept the work as completed and release all claims.
28. Denied. It is specifically and unequivocally denied that Plaintiff has committed any fraud
upon this Court nor abused the processes of this Court by pursuing such a claim and no attorney's fees
should be awarded. On the contrary, Plaintiff has been very careful not to pursue any claim against
Defendant In this lawsuit for which he has been paid by his insurance company. In fact, the estimetes
for repairs and the reports of Plaintiff's expert were all performed and obtained efter the work aseociated
with the insurance company claims had been completed.
WHEREFORE, Plaintiff demands Judgment against Defendant as averred in Counts I end II of the
Complaint end this Court should deny Defendant's request for attorney's fees.
Date: 2 / I Z /c.i 4,
,
JOHNSON, DUFFIE, STEWART & WEIDNER
~~bt
By: I Ja,t, ' ~ " c: '~52-
David . DeLuce
Attorney J.D. No. 41687
301 Market Street
P.O. Box 109
Lemoyne. PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
OOHII OOOO11Pclbruuy7, 1996IDWDIMH/503'1
VERIFICA TION
I, Jack B. Matthews, verify that the statements made In the foregoing Answer to New Matter are
true and correct to the best of my knowledge, information and belief. I understand that false statements
herain are made aubject to the penalties of 18 Pa.c.S. 14904 relating to unsworn falsification to
authorities.
Date: ~;; 1./fp
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In The Court of Cocmon Pleas of
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Cumberland County, ~ennsylvania
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No. CIS- -, 1.01 ~ (lVI L 19 ,/
OATH
We do solemnly swear (or affirm) that we will support, obey and de rend
the Coustitution of the United States and the Coustitution or this Common-
weaieh and that we will discharge the duties
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c , AWARD
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We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the fol1~ng award:
(Note: If damages for delay are awarqed, they shall be
separately stated.)
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. Arbitrator, dissents. (Insert name if
applicable. )
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Date of Hearing: .,j UL\.( I 'OJ \'\'\t..
Date of Award:
Chair:nan
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NOTICE OF ENTRY OF AWARD
NIN, the If day of J()..(I..j , 19..iL, at~, .f.li., the above
award was entered upon the docke~ and notice thereof given by mail to the
parties or their attorneys.
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Arbitrators' comoensation to be
paid upon appeal:
$ ,J..MJ H
By:
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00968I.ooooIlScplombtr20. 1996/DWDIMHfS6R51
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CERTIFICA TE OF SERVICE
I, David W. DeLuce, of the law firm of Johnson. Duffle, Stewart & Weidner, attorneys for Plelntiff,
do hereby certify that I served a true and correct copy of the attached Praecipe by United States Mall, first
class, postage prepaid, upon the Counsel listed below:
Harold S. Irwin, Esquire
36 South Pitt Street
Carlisle, PA 17013
Date:
6
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OO1888-OOOOllJlnulry 2. 1117/DWD/MHI581142
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JACK B. MATTHEWS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-676 CIVIL TERM
Plaintiff
vs.
CIVIL ACTION - LAW
JON IRWIN tla C S SYSTEMS,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Kindly mark the docket in the above captioned case as settled and discontinue this action.
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: //zh7/
, l
avid . DeL: ce
Attorney I.D. No. 41687
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Jack B. Matthews
OOU8I.OOOO1/January 2, 1887IDWDIMH/1l81142
CERTIFICA TE OF SERVICE
I, David W. DeLuce, of the law firm of Johnson, Duffie, Stewart & Weidner, attorneys for Plaintiff,
Jack B. Matthews, do hereby certify that I served a trua and correct CDPY of the ettached Praecipe by
United States Mail, first class, postage prepaid, upon the Counsel listed below:
Harold S. Irwin. III, Esquire
36 South Pitt Street
Carlisle, PA 17013
Date:
1/2-/9 7
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