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HomeMy WebLinkAbout02-5917COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBER1AND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT Entd in Pmthyrs office COMMONPLEASNo. 02-5917 Civil NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. MAO. DIST, NO. OR NAME OF D.J. SUPMIERDALE DINS 09-1-02 505 N. DATE OF JUDGMENT 11/12/02 CLAIM NO. CITY STATE ZIP CODE - Enola PA 17095 IN THE CASE OF (PLAINTIFF) Summerdale Diner CV YEAR CV-0000392-02 LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name ofappellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature o/ appellant or his attorney or agent RULE: To Na. ofappe0ee(s) - , appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Year Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy (DEFENDANT) Air Quality Specialists, Inc. William T. Smith, Esquire (Atty. for Plainti Proth. - 76 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear or affirm that I served upon the District Justice designated therein on ? a copy of the Notice of Appeal, Common Pleas No -_-. ___ - - (date of service) year ? by personal service ?by (certified) (registered) mail, sender S or receipt attached hereto, and upon the appellee, (name -- year -_-- ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. FI and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to by ' Personal service by (certified) (registered) whom the Rule was addressed on Year mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF--___--, , YEAR Slgoalure of olficlal before wham efre rof wes made Due of official my commission expires on year ? C -? _ Signnhue of Ann,! I ` V? _J ,l al COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Maq. Dls. No.' 09-1-02 = DJ Name. Hon. ROBERT V. MANLOVE nddma: 1901 STATE STREET CAMP HILL, PA Terepnene (717) 7610583 17011-0000 SUMMERDALE DINER 505 N ENOLA RD ENOLA, PA 17025 NOTICE OF JUDGMEN?+rT/TRANSCRIPT PLAINTIFF: CIVIL CASE FSUMMERDALE DINERS and ADD TESs 505 N ENOLA RD ENOLA, PA 17025 L J DEFENDANT: VS' NAME and ADDRESS riIR QUALITY SPECIALISTS, INC. PO BOX 672 MIDDLETOWN, PA 17057 L J Date ketNo.: CV-0000392-02 Filed: 10/28/02 SS COMPLAINT 001 THIS, IS TO NOTIFY YOL17HAT: Judgment:... - FOR " EIrF.km*ATT' . Judgment was entered for: (Name) ATR r1TTAT.TTV 9PEr'ThT T4TQ Tmr- Judgment was entered against: (Name) GTTMUrTZRnAT F DT iER in the amount of $ on: Defendants are jointly and severally liable. . Damages vpl I be assessed on: I` El This case dismissed yyl?hput kreludice: - E Amount of Judgment Subject to Attachment/Act 5 of 1996 $ 11 Levy is stayed for days or E] generally stayed. Objection to levy has been filed and hearing will be held: Date: Time: Place: (Date of Judgment) 11 /12 /02 (Date & Time) Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Total x Post Judgment Credits" $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT 13Y FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF T S E JUD C T F M WITH YOUR NOTICE OF APPEAL. !Date JistrlctJustice 01 I certify that this is a true orr ct ec of the roceedings containing the judgment. Date District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 c - a SUMMERDALE DINER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 2 .- 591 CIVIL ACTION - LAW AIR QUALITY SPECIALISTS, INC., Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 NOTICIA Le han demandado a usted en la oorte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene vieute (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escnta o en persona o por abogado y amhivar en la corte en forma escrita sus defensas o sus objeciones a law demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO RvIMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 replacements. 7. The Defendant has neglected to and perform certain things which were required to be done and performed in the agreement as follows: left holes in the roof causing severe water damage to the Plaintiff's restaurant. 8. The Defendant has performed in a poor, improper and unworkmanlike manner. 9. The Defendant has failed and refused to cure the aforesaid breaches despite Plaintiff's demand as a result of the damages to the property. Plaintiff was required to spend $7,290 to Tony Kolar Roofing, and $1,059.27 to G.E. Construction Company for the repair of the damage done to the roof by the Defendant. For a total reasonable cost of $8,349.27. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $8,349.27, plus costs. Dated: (DA Respectfully Submitted: William T. Smith, Esquire I.D.# 06887' 3747 Derry Street Harrisburg, PA 17111 Attorney for Plaintiff VERIFICATION I hereby verify that the statements made in this COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: I `q 0 William T. Smith, Esquire Attorney for Plaintiff CAMYFILES2001\AA Forms\Civil SuitslA Verification wpd r ? C ? :. r J i- r? _ ??.) •?. Cl) ._ -. C.1 2 1 C-2 C V. u. ?! 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF , { y i = h f t - ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. 11-7 upon the District Justice designated therein on (date of service) ,I_C • ?.. years ?J ? by personal servicey (certified) (registered) mail, sender's ceipt attached hereto, and upon the appellee, (name (`?: CiQ ?la $:. on ! • ??Q? year o`14 O ? by personal service My (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year _ by personal service F] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS A U DAY OFJ IC fnb,ey, YEAR. ?? L- ? ?•-? Signature of Af iant Signature f ollicial efo whom affdaw was made AR AL.SEAL Title of official SUZANNE E. SEITZ, Notary P0110 My commission expires on Susquehanna Twp., Dauphin County V_W mires May 31, 2003 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS ;i P133::,',? L" JUDICIAL DISTRICT Ent ill in PrPtty's Off taq 11-12-02 Jhe f' NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 02-5917 Civil NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO. OR NAME OF D.J. A SUi\ir:KDALE DIN H,', 09-1-02 ADDRESS OF APPELLANT CITY STATE ZIP CODE 505 tel. F-no). + oad ':n tdo DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) 12/ 11) 21' Sa-m?erdale Dine?i: CLAIM NO. CV YEAR CV-0C0031;2_02 LT YEAR. JDEFENPANT) TT)K. vs. e^? ,0i1.1?jj1 'r. S1111. 'i? i;S, t!.;' This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P.' R.C.P.J.P. No. 10086. No. 1001(6) in before district Justice, he . This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. 'N Signature of Prothonotary or Depufy PRAECIPE TO E14TER.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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To appellee(s) Name of appellee(s) (1) (2) (3) Date: 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 ail. If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE EIED AGAINST YOU UPON PRAECIPE.i The date of service of this rule if service was by mail is the date of the mailing. C? `= White - Prothonotary. Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Year Signature of P;othonnf fynor Deputy r ?' v Proth. - 76 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: jDi sir<< US ?? (OVe. .-')N-? q p 1 5f? --,)- ?? / { 1 r Pt4 7UI 1 A. Received by (Please Print Clearly) B. Date of Delivery 3gbi Svc ll yQJYI Ia Jie - C. Signat f gent Addressee D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type -filt-ertified Mail ? Express Mail ? Registered O-Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (Copy from service label) , -70 7 19 21" © Q />, p PS Form 3811, July 1999 Domestic Return Receipt ¦ Complete items 1, 2,=and 3. Also complete item 4 if Restricted Delivery is desired. jin our name and a ddress on the reverse t we can return the card to you. this caret to the back of the mailpiece, he front if space permits. 1. Article Addressed to: t pfd l ?-{??n PA I -M6`/ 102595-99-M-1789 A. Received by (Please Print Clearly) [P. X Signature r r/,"?Lvu 13 Age ? AdC ko-L.", D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service ce Type ertified Mail ? Express Mail ? Registered ;WRetum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (Copy from service label) 1J ??O lI ^? Q j?? -?r PS Form 3811, July 1999 ??6 ?n 6i Q&?t+Jxfk y 102595-99-M-1789 ti a .J . `?. -- `'+ ? ?,_ -" Q=? - ? ? `? ?,. r,, c_. L._, 4_ ?.? ?-' c'., r _. ? C_y ?® A SUMMERDALE DINER, Plaintiff V. AIR QUALITY SPECIALISTS, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5917 CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: SUMMERDALE DINER You are hereby notified to file a written response to the enclosed NEW MATTER twenty (20) days from service hereof or a judgment may be entered against you. PANNEBAKER AND JONES, P.C. Attorneys for Defendant BY: Peter R. Henninger., Jr., s e I.D.# 44873 4000 Vine Street Middletown, PA 17057 Telephone: (717) 944-1333 mlh AirQuality17693 notice.to.plead SUMMERDALE DINER, Plaintiff V. AIR QUALITY SPECIALISTS, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-5917 CIVIL ACTION-LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT AND COUNTER-CLAIM AND NOW, comes the Defendant, Air Quality Specialist, Inc., by and through its attorneys, Pannebaker and Jones, P.C. and files this Answer to New Matter and Counter-Claim and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer see proposal attached hereto, marked Exhibit "A", and made a part hereto by reference thereto. 4. Denied. Defendant specifically denies that Plaintiff has fulfilled all provisions of the agreement on their part to be performed in that they paid the initial amount due and payable. By way of further answer, Defendant avers that the contract proposal dated March 19, 2002 as accepted by the Plaintiff, provided a contract cost of $18,000.00 with thirty (30%) percent down at that beginning of the project. This thirty (30%) percent down. would have been $5,400.00, however Plaintiff only put $5,000.00 down. Furthermore, Defendant avers that Plaintiff did bring the progress payments current upon the arrival of the HVAC equipment in accordance with the contract but that Plaintiff failed to follow through and pay the final twenty (20%) percent at 1 the completion of the project, Proof to the contrary is demanded at trial. A copy of the accepted proposal is attached hereto, marked Exhibit "A", and made a part hereof by reference thereto. 5. Denied. Defendant specifically denies that they did not fulfill the provisions of the agreement on their part to be performed. Proof to the contrary is demanded at trial. 6. Denied. Defendant specifically denies that the night after the installation of the air conditioning unit a rain occurred in the vicinity of the restaurant, rain came through the ceiling board cracks and entered the area between the ceiling joists of the restaurant, soaked the installation (sic) and laid in plaster, severely damaging the walls, ceiling, floor and restaurant furniture. Defendant further denies the damage necessitated extensive repairs and replacements. Proof to the contrary is demanded at trial. By way of further answer Defendant avers that the job was substantially completed on June 7, 2002 and that approximately one (1) week later, Defendant received a page at about 7:30 a.m. from a Mr. Derosa on behalf of the Plaintiff, who informed Defendant that the roof was leaking on the south dining room. It had rained overnight and it was misting at the time. Defendant was on site before 8:30 a.m. and found there were slices in the rubber roof and that there was a box cutter razor knife lying on top of the ductwork. Defendant did not place the slices in the rubber roof, nor use or place a box cutter razor knife in that area. Defendant then immediately called additional employees to come to the job and bring squeegees to remove water from the roof and was preparing to caulk the slices in the roof when the Plaintiff brought G&E Construction onto the roof to make the repair. 7. Denied. Defendant specifically denies that they neglected to and perform certain things, which were required to be done and performed in the agreement as follows: left holes in 2 the roof causing severe water damage to Plaintiff's restaurant. Proof to the contrary is demanded at trial. Defendant further avers that the slices in the rubber roof (previously mentioned in answer to paragraph 6) were not placed there by the Defendant and that any water damage to the Plaintiff's restaurant is a result of someone other then the Defendant damaging the roof area after Defendant had finished the job. Proof to the contrary is demanded at trial. 8. Denied. Defendant specifically denies that they performed in a poor, improper and unworkmanlike manner and proof to the contrary is demanded at trial. 9. Denied. Defendant specifically denies that there were any breaches and thus specifically denies that they failed and refused to cure any of the alleged aforesaid breaches, despite Plaintiff's demand as a result of the damages to the property. Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in paragraph 9 of Plaintiff's complaint, which averments are therefore specifically denied and proof to the contrary is demanded at trial. WHEREFORE, Defendant demands judgment against the Plaintiff dismissing Plaintiff's complaint. NEW MATTER 10. Defendant substantially completed the dining room project on June 7, 2002. 11. Approximately one (1) week after substantial completion of the project Defendant received a page at about 7:30 a.m. from Plaintiff, who informed the Defendant that the roof was leaking on the south dining room. 3 12. Defendant was on the job before 8:30 a.m. and found that there were slices in the rubber roof that was not placed there by the Defendant, that there was a box cutter razor knife lying on top of the ductwork. 13. Defendant immediately called additional employees to come to the jobsite and bring squeegees to remove water from the roof. Defendant had the water removed from the roof and rubber dry by 9:30 a.m. and was preparing to caulk the slices when Plaintiff brought G&E Construction onto the roof. 14. A representative of G&E Construction informed everyone including the Defendant that G&E Construction had repaired many roofs with this problem and knew exactly how to make a permanent repair. Plaintiff then requested G&E Construction to make the repair. 15. During this time G&E Construction immediately left the job site to get the materials needed for the repair during which time the Defendant stayed on site in order to keep the roof dry. A representative of G&E Construction returned to the roof with a roof mastic and brought it onto the roof. The mastic spilled out of the bucket and left an oil slick on the roof at which time the Defendant looked at the instructions on the side of the bucket, due to the fact that Defendant was fully aware that oil based products are to be kept off of rubber roofing. The instructions indicated the product was not recommended for rubber roofs, which Defendant informed both G&E Construction and Plaintiff. G&E Construction then informed Defendant and Plaintiff that the mastic he proposed to use did not carry the same warranty as the rubber roof did and that there would be no problems. Defendant expressed concerns to the Plaintiff and to G&E Construction and were assured it was ok. Plaintiff instructed G&E Construction to 4 proceed with the repair. Defendant then left the job site and informed Plaintiff that Defendant would return the next day to modify the duct work for the kitchen area. 16. When Defendant returned the next day and proceeded to work in the kitchen area to modify the ductwork Defendant decided to check the roof again and when Defendant went onto the roof, Defendant discovered everywhere the mastic had been applied the rubber had deteriorated and had left gaping holes. Defendant immediately contacted Allied Roofing (a contractor Defendant had worked with on many occasions in the past) Plaintiff and G&E Construction about the problem. Allied Roofing informed everyone THAT YOU NEVER (emphasis added) use the mastic G & E Construction had used on a rubber roof, and the representative of G&E Construction ignored Allied Roofing and refused to even discuss the problem with Defendant. 17. Plaintiff was amazed at what the mastic had done to the roof, but was glad that Allied Roofing was there to promptly fix the roof. 18. Defendant then proceeded to modify the kitchen duct system, remove the flex duct from the ceiling area, install new grills and duct (all of which was not in the original quote) in the area and used 2x2 drop in grills supported by the ceiling grid. 19. Defendant then proceeded to clean the duct work as per the contract to complete the project on or about July 11, 2002. 20. Defendant telephoned Plaintiff several times over the following three (3) weeks about the final payment of $3,600.00 but Plaintiff was never available and did not return phone calls. 5 21. On August 6, 2002, Defendant made a visit to the Summerdale Diner and spoke to Plaintiff who complained the ceiling and lights fell down in the kitchen as a result of Defendant's work and that Plaintiff had installed new grills in the kitchen and stated that occasionally water still leaked in the dining room. Defendant informed Plaintiff that the work they had completed would not have caused the ceiling to fall down and that they had done nothing to touch the lights. 22. Defendant checked the roof on August 6, 2002 and could find nothing wrong but told Plaintiff that Defendant would have Allied Roofing come back and check the job and offered Plaintiff a $200.00 credit for the grills just to settle the job. Plaintiff informed Defendant that they were not going to pay and that it would cost Defendant more to fight Plaintiff than it was worth. WHEREFORE, Defendant demands judgment against the Plaintiff and dismissing Plaintiff's Complaint. COUNTER-CLAIM 23. Defendant/Counter-Claim Plaintiff hereby incorporates the averments in Paragraphs 1-22 in Defendant/Counter-Claim Plaintiff's Answer and New Matter as if fully set forth herein. 24. Plaintiff is engaged in the business of design and installation of heating ventilation and air conditioning systems and the cleaning and coating of all duct work associated therewith, and was engaged in said business at all times relevant to within stated cause of action. 25. On or about March 19, 2002, your Plaintiff/Counter-Claim Defendant accepted a proposal from the Defendant/Counter-Claim Plaintiff in the amount of $18,000.00 for the 6 furnishing and installation of one (1) seven and one-half (7 %2) ton Gibson Gas-Fired HVAC unit with all associated duct work, ceiling diffusers, thermostat and control wiring in the South Dining Room, along with Option 1, which would modify the HVAC duct work from existing system and provide HVAC to kitchen, storage room and grill area; Option 2, which would furnish labor and material to clean the entire duct system; and Option 3, which would provide labor and material to apply a coating material, all in the amount of $18,000.00. The terms of the proposal provided that thirty (30%) percent of the total cost would be due and payable at the beginning of the project, fifty (50%) percent upon arrival of the HVAC equipment and the remaining twenty (20%) percent upon the completion of the project. This proposal was accepted on March 22, 2002 by the Plaintiff. A copy of said proposal is attached hereto, marked Exhibit "A" and made a part of reference thereto. 26. Said $18,000.00 proposal was reasonable, usual and customary for the material and labor purchased from the Defendant/Counter-Claim Plaintiff by the Plaintiff/Counter-claim Defendant. 27. Your Defendant/Counter-Claim Plaintiff substantially completed the project on June 7, 2002 and thereafter demanded payment of the remaining twenty (20%) percent of the project having previously received eighty (80%) percent of payment. 28. As a result of complications that were not the fault of Defendant, Plaintiff/Counter- Claim Defendant has failed and refused and continues to fail and refuse to pay the remaining $3,600.00 due to your Defendant/Counter-Claim Plaintiff, which would represent the final amount due for the materials and services purchased. Summerdale Diner PROPOSAL March 19, 2002 The following is a proposal with options for the installation of one HVAC unit with all necessary duct work, diffusers, thermostat, gas piping, and cleaning and coating of all duct work. SCOPE OF WORK Furnish and install one 71/2 ton Gibson gas-fired HVAC unit with all associated duct work, ceiling diffusers, thermostat and control wiring in the South Dining Room. $16,000.00 Option # 1: Modify HVAC duct work from existing system and provide HVAC to kitchen, storage room and grille area. $ 1,0 ;OIIi1i:? Option # 2: Furnish labor and material to clean entire duct system Option #3: Provide labor and material to apply an coating material . $. 0 To complete the project with all options included will cost: $ NOTE: . ?-'1. Work by others will consist of providing all electrical needs from power supply panel to disconnect on the HVAC unit. 2. These prices include all labor, materials, fees, transportation, and supervision. These prices will remain firm and effective for 90 days, after which time reference should be made to this office. 3. The HVAC unit will be provided with a five-year warranty. All other material and workmanship is guaranteed for a period of one-year from the completion of the project. TERMS: 30% of the total cost at the beginning of the project, 50% upon arrival of the HVAC equipment, and the remaining 20% at completion of the project. Kindly contact our office to discuss further any questions you may have. DATE: ACCEPTED BY: !rr fr VERIFICATION I verify that I, as the President of Air Quality Systems, Inc. am being authorized to and do hereby verify that the statements made in these Answers To Complaint, New Matter, And Counter-Claim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. -P? i) (/? Richard Crowe, President CERTIFICATE OF SERVICE A copy of the foregoing Answers To Complaint And Counter-Claim has been served by sending a copy of record to the Plaintiffs attorney of record: William T. Smith, Esquire 3747 Derry Street Harrisburg, PA 17111 by depositing same in the United States mail, postage prepaid, in Middletown, Pennsylvania, this day of 92003. By: PANNEBAKER AND JONES, P.C. Attorneys for Defendant Peter R. Henninger, Jr., Esquire I.D.# 44873 4000 Vine Street Middletown PA 17057 (717) 944-1333 7 - , i William T. Smith, Esquire PA Attorney ID# 06887 3747 Derry Street Harrisburg, PA 17111 (717) 561-2677 Attorney for Plaintiff, Summerdale Diner SUMMERDALE DINER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 5917 CV 2002 AIR QUALITY SPECIALISTS, INC. Defendant STATEMENT OF INTENTION TO PROCEED TO THE COURT: Summerdale Diner intends to proceed with the above-captioned matter. t Date: William T. Smith, Esquire Attorney for Summerdale Diner r-? ??, _ ? f- _. , _ : _ , z,+ -. _? ? ? ' T` ? ... ?.% ?, Curtis R. Long Prothonotary office of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Q?-S9?7 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573