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HomeMy WebLinkAbout07-2196 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of t."wty? qR? DISTRICT JUSTICE JUDGMENT COMMON PLEAS No-_617 - NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. CV-OL-COO43-01 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. VS was Claimant (see Pa. R.C.P.D.J. No.,0407(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon f?06-lsh appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ?i . a i 9 ?V L )within twenty (20) days after service of rule or suffer en of judgment of non pros. -7C ignature of ant or attorney or agent RULE: To Rl"+ go appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 4A;L 2067 Signature of Prothono ry o eputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 NOTICE OF APPEAL FROM COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of -official My commission expires on ,20 Signature of affiant .iQ V v l ~V C? o 0 o -rt M co ;.1 L? 't? r Crj _ rn © Q AOPC 312A - 02 • 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. DOUGHERTY Address: 9 8 S ENOLA DR STE 1 ENOLA, PA Telephone: (717 ) 728-2805 17025 GENE LOSCH 406 W. JUNIATA PARKWAY MILLERSTOWN, PA 17062 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rBOLASH ROBERT 4525 VALLEY ROAD ENOLA, PA 17025 L J VS. DEFENDANT: NAME and ADDRESS rLOSCH, GENE 406 W. JUNIATA PARKWAY MILLERSTOWN, PA 17062 L J Docket No.: CV-0000043-07 Date Filed: 2/09/07 (Date of Judgment) 3/19/07 ® Judgment was entered for: (Name) BOLASH, ROBERT ® Judgment was entered against: (Name) LOSCH, GENE in the amount of $ 4,089.10 Defendants are jointly and severally liable. Damages will be assessed on Date & Time F1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 3,997.60 Judgment Costs $ 91.50 Interest on Judgment $ - .00 Attorney Fees $ .00 Total $ 4,089.10 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. f 1 Date I certify tha this is a true and co ect copy th of Date Magisteria[Dittrict Judge containing fh.eludamea, My commission expires first Monday of January, 2012 AOPC 315-06 DATE PRINTED: 3/19/07 9:42:00 AM 1 Postal S ervice,,, CERTIFIED ' ° CO (Domestic On ly; co CU ° Q" Postage $ m Certified Fee ?.4i1 CIi FA ` ° C3 Return Receipt Fee (Endorsement Required) $1.s5 Here tf? O Restricted Delivery Fee $0.130 Q' (Endorsement Required) -? ° & Fees t T l P •t14 ` "rf lsfall[t] age os ota to r3 ° en o ---- -1 ?_L7_ 7L7-------- U ---------------------------------- (`- -- - - "' Street, Apt No.; i? ^ , orPOBoxNo. YSdS VfJ?,LIYtA Zoo-?'_ COMMONWEALTH OF ENNSYLVANIA COUNTY OF . E Ci t m4a; ss AFFIDAVIT; I hereby (swear) (affirm) that I served Val m M M ?• , r%- 0 Postage $ M C3 Certified Fee A C3 Return Receipt Fee ° (Endorsement Reqired)Po H ° Restricted Delivery Fee fA IT' (EndorsementRequired)?i•(. 1 2007 M ] O Total Postage & Fees $ 1-4-64 04/1,' JI I / Ln S 7 0 ent TO S P ({ Q??j ?( PS r't Iti 3`fiee I Apt. No. ?, or pO Box No. Q Cr e- 'EAL AND RULE TO AFTER filing of the notice of appeal. Check applicable boxes.) r a copy of the Notice of Appeal, Common Pleas No. O? - d t? , pan the District Justice designated therein on (date of service) 20107 El by personal service Ea--by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) R U4^p?? IS an ...... 20 ? by personal service ®•-by- certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME .7 THIS 1 _%441 DAY OF 20.0. signatur?lof oflicia! before homl davit made rr erg Signature of r iant Title of otricial 1 / My commission expires on 20 Q1 9 i? MI? i01A ??ll `lMMOOf it.>i?? AOPC 312A - 02 A COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cww.A?r lav-,A NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. [)'? / 9( LIDO _rr NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANNN,T,,,??? MAG. DIST. NO. NAME OF D.J. ADDRESS OF APPELLANeT?,-? IT J-S iA STATE ZIP CODE gcic W rkwQ I Cs" PA DATE OF JUDGMENT IN THE ASE OF (Plaintif) (Defendant)' 19 ?07 L-AaS6 Gene Lo-x DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR A CV - OL-00044 3 - OI This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. n.? (20) days after filing the NOTICE of APPEAL C? I?l M? Signature of Prothonotary or Deputy t- ..,,r PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in ac?fiefore-9isfri?tlce. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. rv PRAECIPE: To Prothonotary r-4 t-Sola.,Sh appellee(s), to file a complaint in this appeal Enter rule upon go)br ame of appellee(s) (Common Pleas No. 9 v ) within twenty (20) days after service of rule or suffer e t of judgment of non pros. L.? ?- =l Signature of ant or aKOmey or agent RULE: To appellee(s) •: AI>3'me°of:,appetlse(s) (1) You are no iodthat a rule is herQ?i entered upon you to file a complaint in thjA.appe?aLmAthirv4wer?tY j?O) days'afterth"ate of service r? certified or registered mail. 11 1 01 of this rule upon Y_?y personal service o y5 .. (2) If you dp rot file a complaint within this tirhe, a JUDGMENT OF NON PROS M#Y BE ENTERE©W11SAFNS'f YOU (3) The dale of service of;tWs rule if'service Was by mail is the date of the mailing. Date: 2 20G? nature of Prothono ry eputy J YOU MUST INCLUD 'A`!I 0" OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 CA112T p,ILF ROBERT BOLASH CONSTRUCTION, V. dlb/a BOLASH GENE LOSCH d/b/a GENE LOSCH CARPET & VINYL Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-2196 CIVIL TERM CIVIL ACTION -LAW 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9106 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pbginas, debe tomar accl6n dentro de los pr6)dmos veinte (20) dias despuds de la notif'icaci6n de esta Demanda y Aviso radicando personalments o por medio de un abogado una comparedncla escrita y radicando en la Corte por escrlto sus defensas de, y objecclones a, las demandas presentadas aqu(en contra suya. Se le advierte de que si usted falla de tomar acdbn como se describe anteriormente, el caso puede prodder sin usted y un fallo por c ualquier suma de dinero reclamada en la demanda o cualquier otra reciamacl6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mAs aviso adicional. Usted puede perder dinero o propledad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9106 (717) 249-3166 ROBERT BOLASH d/b/a BOLASH CONSTRUCTION, Plaintiff V. GENE LOSCH d/b/a GENE LOSCH CARPET & VINYL Defendant COMPLAINT CIVIL ACTION - LAW AND NOW, comes the Plaintiff, Robert Bolash d/b/a Bolash Construction and files this Complaint and in support thereof avers as follows: 1. Plaintiff, Robert Bolash is a general contractor doing business as Bolash Construction with a business address of 4525 Valley Road, Enola, Pennsylvania 17025. 2. Defendant Gene Losch d/b/a Losch Carpet & Vinyl is a sub-contractor specializing in carpets and floors with a business address of 406 W. Juniata Parkway, Milierstown, Pennsylvania 17062. 3. In March 2005, Bolash Construction contracted with Stacy Canty to perform work IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2196 CIVIL TERM at her Enola home remodeling a basement to make it into a family room. 4. Bolash Construction entered into a verbal contract in March 2005 subcontracting the purchase and installation of carpet for the project with Losch Carpet & Vinyl. 5. The Plaintiff paid the amount of $1,329.60 to Losch Carpet & Vinyl for the carpet purchase and installation. 6. After Losch Carpet & Vinyl completed the job, Bolash Construction received verbal complaints from Canty about the quality of the installation work. 7. After Bolash Construction was unsuccessful in working through the complaints with Canty, Canty filed suit against Bolash Construction where she was awarded $2,583.00 before costs. 8. Bolash Construction paid the total sum of $3,160.25 after costs and fees to satisfy this judgment. 9. Bolash Construction now files suit for reimbursement of this payment on the judgment ($2,583.00) plus the amount originally paid to Losch Carpet & Vinyl ($1,329.60) plus interest and court costs due to the negligent installation of the carpet at the Canty home by Losch Carpet & Vinyl. COUNT I - BREACH OF CONTRACT 10. Plaintiff incorporates herein by reference paragraphs 1 through 9 as If the same were more fully set forth herein. 11. In March 2005, Losch Carpet & Vinyl entered into a verbal agreement with Bolash Construction whereby Losch agreed to purchase and install carpeting at the Canty residence in a competent and workmanlike manner in exchange for a payment of $1,329.60, which payment was made by Bolash Construction. 12. Losch Carpet & Vinyl breached this verbal contract as it did not install the carpet in a workmanlike manner and Bolash Construction has suffered damages as a result. WHEREFORE, the Plaintiff, Robert Bolash d/b/a Bolash Construction demands judgment against the Defendant, Gene Losch dWa Losch Carpet & Vinyl in the amount of $3,912.60 plus costs before the District Justice of an inspection fee ($85.00) and judgment costs ($91.50) for a total of $4,089.10 plus interests and costs as appropriate. COUNT II - NEGLIGENCE 13. Plaintiff incorporates herein by reference paragraphs 1 through 12 as It the same were more fully set forth herein. 14. Defendant Losch Carpet & Vinyl failed to properly install the carpet at the Canty residence in a competent and workmanlike manner. 15. The Defendant was negligent in the installation of this carpet, which has caused damage to the Plaintiff. 16. The Defendant owed the Plaintiff a duty to complete the work in a professional and workmanlike manner, which duty the Defendant breached. 17. The Defendants breach of his duty to complete the work in a professional and workmanlike manner has resulted in harm to the Plaintiff. WHEREFORE, the Plaintiff, Robert Bolash d/b/a Bolash Construction demands judgment against the Defendant, Gene Losch d/b/a Losch Carpet & Vinyl in the amount of $3,912.60 plus costs before the District Justice of an inspection fee ($85.00) and judgment costs ($91.50) for a total of $4,089.10 plus interests and costs as appropriate. By: Ro rt Bolash, Mash Construction (pro se) VERIMATION i, Robert Bolash, verify that I am authorized to make the statements herein and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Dated: Robert Bolas _ , i a -?°a a y ROBERT BOLASH d/b/a BOLASH ;CONSTRUCTION, Plaintiff V. GENE LOSCH d/b/a GENE LOSCH CARPET AND VINYL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA NO. 07-2196 Civil Term CIVIL ACTION - Law PRELIMINARY OBJECTIONS AND NOW comes, Defendant, Gene Losch, who, through his attorney, William C. Dissinger, Esquire, files the following preliminary objection to Plaintiff's Complaint: 1. Plaintiff has filed a two (2) count complaint against Defendant. 2. Count One (1) is a breach of contract claim. 3. Count Two (2) is a negligence claim. 4. Both counts involve the installation of carpet by Defendant. 5. Defendant seeks damages in both counts in the amount of $4089.10 plus interest and costs. 6. The "WHEREFORE" clause of both counts recite that its sum demanded consists of "$3912.60 plus costs before the District Justice of an inspection fee ($85.00) and judgement cost ($91.50)." f ? 7. The $3912.60 amount mentioned in the "WHEREFORE" clause of Plaintiff's complaint appears to consist of the sum of $1329.60 which, Plaintiff alleges he paid to Defendant (paragraph 5 of Plaintiff's Complaint) plus the sum of $2583.00 which is alleged by Plaintiff to be the amount of a judgement obtained against Plaintiff by a third party - Stacy Canty. (Paragraph 7 of Plaintiff's i Complaint). 8. No explanation is given of what the "inspection fee ($85.00)" or "judgement costs ($91.50)" might be. 9. The damages as set forth in Plaintiff's Complaint fail to set forth any legally recognizable measure of damages in either breach of contract or negligence. 10. Plaintiff's complaint fails to conform to law or rule of court in that it does not set forth any legally recognizable measure or description of damages. 11. Plaintiff's Complaint has insufficient specificity in pleading in that items of special damages are not specifically stated. 12. Plaintiff's Complaint is legally insufficient and Defendant demurrers to it as Plaintiff fails to set forth or describe any legally recognized damages. Said damages being an essential element of a complaint in breach of contract or negligence. WHEREFORE, Defendant respectfully requests that Plaintiff's .omplaint be dismissed. Respectfully Submitted, DISSINGER AND DISSINGER William C. Dissinger, Esquire Supreme Court ID #27737 400 South State Road Marysville, PA 17053 (717) 957-3474 Attorney for Defendant " ?'° > ? C ? ? ??F' ?? °` ' c °` ' ? c ' - x -- ? ? i L?-r 3'' ?, t? Johnson, Duffie, Stewart & Weidner By: Elizabeth D. Snover, Esquire I.D. No. 200997 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 eds@jdsw.com Attorneys for Defendant Robert Bolash d/b/a Bolash Construction ROBERT BOLASH d/b/a BOLASH IN THE COURT OF COMMON PLEAS OF CONSTRUCTION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO: 07-07-2196 V. CIVIL ACTION - LAW GENE LOSCH d/b/a GENE LOSCH CARPET AND VINYL, Defendant PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendant, Robert Bolash d/b/a Bolash Construction, in the above-captioned action. Respectfully submitted, By: Johnson, Duffie, Stewart & Weidner Elizabeth D. ver Attorney I.D. o. 200997 301 Market Street Lemoyne, Pennsylvania 17043 717.761.4540 eds@jdsw.com Date: November 6, 2007 i , - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been duly served upon all counsel of record and parties of interest by placing the same in the United States Mail postage pre-paid on this r' day of November, 2007, and addressed as follows: William Dissinger, Esquire Dissinger & Dissinger 400 South State Road Marysville, PA 17053 Johnson, Duffie, Stewart & Weidner By: Elizabe h D. over ? ?? .m:? c `? °?? ? r"7r?_, _ 1 .,_,; =?' ,,- ?. f"?} i C`=??; - ; y PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in fulo ROBERT BOLASH d/b/a BOLASH CONSTRUCTION, (Plaintiff) vs. No. 07-2196 Civil Term GENE LOSCH d/b/a LOSCH CARPET AND VINYL, Civil Action - Law (Defendants) 1. State matter to be argued (i.e., Plaintiffs motion for new trial, Defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections 2. Identify counsel who will argue case: a) For Plaintiff: Elizabeth D. Snover, Esquire Address: 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 b) For Defendant: William C. Dissinger, Esquire Address: 400 South State Road, Marysville, PA 17053 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: January 23, 2008 Signature 2Z? A'Ve? Prin you ame EIi Zob6k ,S novrer Date: 11 ) (, 101 Attorney for Plaintiff :315395 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 6, 2007 William C. Dissinger, Esquire Dissinger & Dissinger 400 South State Road Marysville, PA 17053 Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By Elizabet . Snover I . D. #: 200997 P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff Telephone: 717-761-4540 C"`y by "1i jm? ROBERT BOLASH d/b/a BOLASH : IN THE COURT OF COMMON PLEAS OF CONSTRUCTION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 07-2196 CIVIL GENE LOSCH d/b/a GENE LOSCH CARPET AND VINYL, Defendant IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT BEFORE HESS, OLER AND GUIDO J.J. ORDER AND NOW, this 30' day of January, 2008, following argument thereon, the preliminary objections of the defendant are OVERRULED without prejudice to the defendant to object to the relevance of the judgment of the Magisterial District Judge or to otherwise defend on the basis, inter alia, that the plaintiff has failed to establish the proper measure of damages. izabeth D. Snover, Esquire For the Plaintiff t,Xilliam C. Dissinger, Esquire For the Defendant rlm A BY THE COURT, fiN t,?li1fU4t??dAy?n S Z ;C ltd OC Nyr oooz - Ob. ROBERT BOLASH d/b/a BOLASH CONSTRUCTION, PLAINTIFF, V. GENE LOSCH d/b/a GENE LOSCH CARPET AND VINYL DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 07-2196 CIVIL TERM : CIVIL ACTION-LAW ANSWER FILED ON BEHALF OF: GENE LOSCH DEFENDANT ATTORNEY OF RECORD: William C. Dissinger, Esquire Supreme Court ID #27737 400 South State Road Marysville, PA 17053 (717) 957-3474 n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ROBERT BOLASH d/b/a BOLASH CONSTRUCTION, PLAINTIFF V. GENE LOSCH d/b/a GENE LOSCH CARPET AND VINYL, DEFENDANT. ANSWER AND NOW, to-wit, this z day of Ji , 2008, comes Gene Losch, d/b/a Gene Losch Carpet and Vinyl, by and through his attorney, WILLIAM C. DISSINGER, and pursuant to this Honorable Court's Order, respectfully files the Defendant's Answer to Plaintiff's Complaint. 1. Admitted. 2. Admitted. 3. Defendant is without sufficient information to form a belief as to the averment. The same is therefore denied and proof thereof demanded at trial. 4. Admitted. 5. Admitted. 6. Defendant is without sufficient information to form a belief as to the averment. The same is therefore denied and proof thereof demanded at trial. 7. Defendant is without sufficient information to form a belief as to the averment. The same is therefore denied and proof thereof demanded at trial. 8. Defendant is without sufficient information to form a belief as to the averment. The same is therefore denied and proof thereof demanded at trial. 9. Denied. Defendant was not negligent in the installation of the carpet. To the contrary, Defendant completed the work properly and in a workmanlike manner. It is denied that the sums mentioned are due to Plaintiff and it is denied that this constitutes the proper and legal measure of damages. 10. Defendant incorporates herein by reference paragraphs 1 through 9 of this Answer as if the same were fully set forth herein. 11. Admitted. 12. Denied. Defendant did not breach his agreement with Plaintiff but completed his duties properly and in a workmanlike manner. 13. Defendant incorporates herein by reference paragraphs 1 through 12 of this Answer as if the same were fully set forth herein. 14. Denied. Installation of the carpet was completed properly and in a workmanlike manner. 15. Denied. Defendant was not negligent in the installation of the carpet. To the contrary, Defendant completed the work properly and in a workmanlike manner. 16. Admitted in part. Denied in part. It is admitted that Defendant owed Plaintiff a duty to complete the work in a workmanlike manner. It is denied that any "professional" duty was owed. It is also denied that Defendant breached any duty owed to Plaintiff. To the contrary, Defendant completed the work in a workmanlike manner. 17. Denied. Defendant completed the work in a workmanlike manner and breached no duty owed to Plainitff. WHEREFORE, Defendant, Gene Losch, respectfully requests that Plaintiff's Complaint be dismissed. Respectfully submitted, DISSINGER & DISSINGER 1'441440 --- William C. issinger Supreme Court ID #27737 400 South State Road Marysville, PA 17053 (717) 957-3474 Attorney for the Defendant _11W VERIFICATION I, Gene Losch, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. e-Z Ge osch ROBERT BOLASH d/b/a BOLASH CONSTRUCTION, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA V. GENE LOSCH d/b/a : NO. 07-2196 CIVIL TERM GENE LOSCH CARPET AND VINYL DEFENDANT. : CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, William C. Dissinger, Esquire, do hereby certify that a copy of the foregoing Answer has been duly served upon Robert Bolash d/b/a Bolash Construction, by depositing same in the United States Mail, postage prepaid, addressed as follows: Johnson, Duffle, Stewart & Weidner Elizabeth D. Snover, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Date: ?A-&, William C. Dissinger, ire Attorney for Defendant r ? C,Y 1> Johnson, Duffle, Stewart & Weidner By: Andrew P. Dollman, Esquire I.D. No. 209466 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 eds@jdsw.com Attorneys for Plaintiff Robert Bolash d/b/a Bolash Construction ROBERT BOLASH d/b/a BOLASH IN THE COURT OF COMMON PLEAS OF CONSTRUCTION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO: 07-07-2196 V. CIVIL ACTION - LAW GENE LOSCH d/b/a GENE LOSCH CARPET AND VINYL, Defendant MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND NOW, comes the Plaintiff, Robert Bolash, d/b/a Bolash Construction, by and through his attorneys, Johnson, Duffle, Stewart & Weidner, and files the within Motion to Compel Defendant to answer interrogatories of Plaintiff and moves your Honorable Court to order Plaintiff to provide full, complete and verified answers to Plaintiffs interrogatories based upon the following considerations: 1. Plaintiff commenced this action by the filing of a Complaint on or about May 8, 2007. 2. Subsequently, Defendant filed Preliminary Objections. 3. Subsequent to that, Defendant, Gene Losch, filed an Answer to Plaintiffs Complaint on February 15, 2008. 4. Counsel for Plaintiff served Interrogatories upon the Defendant on March 10, 2008. A copy of the transmittal letter sending the Interrogatories is attached hereto and marked as Exhibit "A." 5. In response to Plaintiffs Interrogatories, counsel for Defendant sent correspondence that stated Plaintiff would receive a response to said Interrogatories within ten (10) days of the date of the letter. The letter was dated April 7, 2008. A copy of the correspondence from Defendant's counsel to Plaintiff's counsel is attached hereto and marked as Exhibit "B." 6. On August 4, 2009, counsel for Plaintiff sent correspondence to Defendant's counsel requesting Defendant's verified answer to the Interrogatories within ten (10) days of the date of that letter. A copy of that letter is attached hereto and marked as Exhibit "C". 7. According to PA. R.C.P. 4006, Answers to Interrogatories shall be in writing, verified and returned within thirty (30) days of the date of service of the same. 8. Over a year and a half has passed since service of the Interrogatories upon the Defendant's counsel. 9. To date, Plaintiff has yet to receive any response to the Interrogatories that were sent out in March, 2008. 10. Additionally, Defendant's counsel has failed to respond in any manner to the recent correspondence from Plaintiff's counsel. 11. Accordingly, Plaintiff, Robert Bolash, d/b/a Bolash Construction, moves for your Honorable Court to compel Defendant to answer Plaintiff's Interrogatories. WHEREFORE, Plaintiff, , Robert Bolash, d/b/a Bolash Construction, respectfully requests that your Honorable Court grant its Motion to Compel Answers to Interrogatories and ORDER Defendant to produce complete and verified Answers to Plaintiff's Interrogatories. Respectfully submitted, Johnsonj?uffie,_Steward,& Weidner By: An rew P. Dollman Attorney I.D. No. 209466 301 Market Street Lemoyne, Pennsylvania 17043 717.761.4540 apd@jdsw.com Date: August 20, 2009 :374887 Exhibit "A" JERRY R.'UUFFIE . RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY J(;u NMELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) WRITER'S EXT. NO. 136 E-MAIL eds@jdsw.com March 10, 2008 William Dissinger, Esquire Dissinger & Dissinger 400 South State Road Marysville, PA 17053 Rai, taN Re: Robert Bolash d/b/a Bolash Construction v. Gene Losch d/b/a Losch Carpet & Vinyl Cumberland C.C.P. No. 07-2196 Dear Mr. Dissinger: I am in receipt of your answer to the Complaint. Enclosed please find Plaintiff's Interrogatories (Set 1). 1 do not anticipate much further discovery being required on our end. I would like to have this matter listed for arbitration in the next few months. My client remains interested in settling this matter. As I have stated before, he is willing to accept the contract price paid to Mr. Losch of $1,329.60 plus his court costs of an $85.00 inspection fee and judgment costs of $91.50 for a total settlement amount of $1,506.10. We would be open to some negotiations on this offer. Please call me to discuss. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER l Elizabeth . Snover i EDS:326480 Enclosure cc: Mr. Robert Bolash (w/enclosure) 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Exhibit "B" DISSINGER IDISSINGER Attorneys at Law April 7, 2008 Elizabeth D. Snover, Esq. Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Re: Bolash v. Losch Cumberland No. 07-2196 Dear Ms. Snover: RECEIVED APR 0 9 2008 JOHNSON DUFFIE I am in receipt of your interrogatories in the Bolash v. Losch matter. We are working on them and will respond within the next ten (10) days. My client has authorized me to offer the sum of $500.00 in settlement of this matter. Please advise. If you have any questions, please contact me at my office. Very t y y9urs, William C. Dissinger Attorney at Law WCD:drv Cc:Gene Losch File:3-07-125 28 North ThirtySecond Street • Camp Hill, Pennsylvania 17011 .717.975.2840/voice • 717.975.39241fax 400 South State Road • Marysville, Pennsylvania • 17053 717.957.3474/voice • 717.957.2316/fax Exhibit "C" JERRY R.,DUFFIE RICHARD W. STEIVART C. ROl' WEIDNER, JR. EDMUND G. MYERS DAVID W. DEUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY A W O F F I C E j oi-?vsoN DUFFIE MELISSA PEEL GREEVY A D. MANLEY ELIZABETH. S OVER ANDREVOT. D LNtAN OF COUN L HORACE A. JOHNSO F. LEE SHIPMAN (1965-2006) WRITER'S EXT. NO. 164 E-MAIL apd@jdsw.com August 4, 2009 William Dissinger, Esquire Dissinger & Dissinger 400 South State Road Marysville, PA 17053 Re: Robert Bolash d/b/a Bolash Construction v. Gene Losch d/b/a Losch Carpet & Vinyl Cumberland C.C.P. No. 07-2196 Dear Mr. Dissinger: The undersigned has taken over this file for handling through the litigation phase. In reviewing the correspondence in this file, I note that Attorney Snover sent a letter to your office countering your client's $500 offer to settle this matter. At that time and also reiterated in correspondence dated May 21, 2008, Attorney Snover countered your offer at $1,100. Please consider that counter offer to be withdrawn effective immediately. I also noted that Attorney Snover sent you discovery attached to a letter dated March 10, 2008. 1 also note in your letter of April 7, 2008, you advised that you would respond to the outstanding Interrogatories within 10 days. To date, it appears that we are not in receipt of any of. your client's answers to Interrogatories in this matter. Accordingly, please forward your client's verified answers to Interrogatories within the next 10 days or contact me to discuss the same. My client is still interested in settling this matter. However, in light of the inactivity in this file, we are prepared to further litigate this claim. Should you have any questions or concerns, please do not hesitate to contact this office. Very truly yours, JO/HNS?O^N,'DUFFIIEE, SSTEWART & WEIDNER Andrew P. Dollman APD:csj:372738 cc: Robert Bolash 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Compel Answers to Interrogatories has been duly served upon all counsel of record and parties of interest by placing the same in the United States Mail postage pre-paid on this August 20, 2009 and addressed as follows: William Dissinger, Esquire Dissinger & Dissinger 400 South State Road Marysville, PA 17053 Johnson, Duffie, Stewart* Weidner By: Andrew P. Dollman .r. F1LE?-Or'71r OF THEE %IOTARY 2009 AUG 21 HH 2.51 r CUM?^ :? AUG 2 4 2009 ?l Johnson, Duffie, Stewart & Weidner By: Elizabeth D. Snover, Esquire I.D. No. 200997 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 eds@jdsw.com Attorneys for Plaintiff Robert Bolash d/b/a Bolash Construction ROBERT BOLASH d/b/a BOLASH IN THE COURT OF COMMON PLEAS OF CONSTRUCTION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO: 07-07-2196 GENE LOSCH d/b/a GENE LOSCH CARPET AND VINYL, : Defendant ORDER CIVIL ACTION - LAW AND NOW, this Z &? day of _ , 2009, in consideration of Plaintiff's Motion to Compel Answers to Interrogatories and the Defendant's response thereto, is hereby ORDERED that Defendant shall serve full, complete and verified Answers to Plaintiff's Interrogatories upon Plaintiff withir fifteen (15) days of the date of this Order. By the Court: FILED--O,r ICE 4f THF. ° o i i- o! OTAPY 2009 AUG 26 AM 10* 56 Ull I I £S yyT cl l tv_cc 4 1