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HomeMy WebLinkAbout08-1036 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASSELL CONCRETE, LLC, n Plaintiff No. D$ - ( D5(P l? 1 V i -jerk vs. PARAMOUNT DEVELOPMENT, INC., Defendant 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 defense 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 PECHT & ASSOCIATES, PC By: __,i, Herbert P. Henderson, II, Esquire Attorney for Plaintiff 55 West High Street Elizabethtown, PA 17022 Telephone: (717) 367-2800 Attorney I.D. #56304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASSELL CONCRETE LLC, Plaintiff No. 08-1036 vs. PARAMOUNT DEVELOPMENT, INC., Defendant NOTICE TO PLEAD TO: PARAMOUNT DEVELOPMENT, INC. c/o John R. Fenstermacher, Esquire YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully Submitted, PECHT & ASSOCIATES, PC By: Herbert P. Henderson, II, Esquire Attorney for Plaintiff 55 West High Street Elizabethtown, PA 17022 Telephone: (717) 367-2800 Attorney I.D. #56304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASSELL CONCRETE LLC, Plaintiff No. 08-1036 VS. PARAMOUNT DEVELOPMENT, INC., Defendant RESPONSE TO NEW MATTER AND ANSWER TO COUNTERCLAIM WITH NEW MATTER AND NOW comes the Plaintiff Cassell Concrete, LLC, by its attorneys Pecht & Associates, P.C. files the following Response to New Matter and Answer to Counterclaim with New Matter: RESPONSE TO NEW MATTER 21. No response required as the allegation sets forth a conclusion of law. To the extent an answer may be required, the same is denied and strict proof otherwise is demanded at the time of trial. 22. No response required as the allegation sets forth a conclusion of law. To the extent an answer may be required, the same is denied and strict proof otherwise is demanded at the time of trial. 23. No response required as the allegation sets forth a conclusion of law. To the extent an answer may be required, the same is denied and strict proof otherwise is demanded at the time of trial. 24. No response required as the allegation sets forth a conclusion of law. To the extent an answer may be required, the same is denied and strict proof otherwise is demanded at the time of trial. 25. No response required as the allegation sets forth a conclusion of law. To the extent an answer may be required, the same is denied and strict proof otherwise is demanded at the time of trial. 26. Denied. It is specifically denied that Defendant paid Plaintiff $13,230.00 for certain services. To the contrary, Defendant paid Plaintiff's employee, Brad Cassell, $13,320.00. Strict proof otherwise is demanded at the time of trial. WHEREFORE, Cassell Concrete, LLC demands judgment in its favor and against Paramount Development, LLC. ANSWER TO COUNTERCLAIM 27. Denied. It is specifically denied that Defendant paid Cassell Concrete, LLC, the monies set forth in Exhibit "A" to Counterplaintiff's complaint. Strict proof otherwise is demanded at the time of trial. 28. Admitted. 29. Denied. It is specifically denied that the services provided by Plaintiff provided below the customary standards of the concrete industry and further denied that the services resulted in damage to the home. Strict proof otherwise is demanded at the time of trial. 30. Denied. It is specifically denied that any conduct of the Plaintiff resulted in any damage to any construction by Paramount Development, Inc. identified as Meadowbrook Lot No. 113 in Counterplaintiff's complaint. Strict proof otherwise is demanded at the time of trial. 31. Admitted in part, denied in part. It is admitted that Counterplaintiff, Paramount Development, Inc. has attached an estimate marked "Exhibit B" to its pleading. It is denied that the estimate accurately reflects any damage incurred to the premises. Strict proof otherwise is demanded at the time of trial. 32. Denied. It is specifically denied that Counterplaintiff has suffered any damages as a result of the actions of Counterdefendant. Strict proof otherwise is demanded at the time of trial. WHEREFORE, Cassell Concrete, LLC demands judgment in its favor and against Paramount Development, LLC. NEW MATTER 33. Defendants have failed to state a claim upon which relief may be granted. 34. Defendants have failed to mitigate their damages, if any. 35. Defendants' claim for recoverable damages is contrary to the law in the Commonwealth of Pennsylvania. 36. Defendants may be barred in whole or in part by the applicable statue of limitations. 37. Defendants' cause of action may be barred in whole or in part by the statue of frauds. 38. Plaintiff's cause of action may be barred in whole or in part by the parole evidence rule. 39. Defendants' claims may be barred by the doctrine of estoppel, waiver and/or all actions. 40. Defendants' claim may be barred and limited by the doctrine of contributory negligence and/or assumption of the risk. 41. Any harm suffered by Defendants arose out of their own non-performance of the essential obligations of Defendants. Respectfully Submitted, By: Herbert P. Henderson, II, Esquire Attorney for Plaintiff 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 I.D. # 56304 C` f-i = . a zD `L L: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASSELL CONCRETE, LLC, vs. Plaintiff PARAMOUNT DEVELOPMENT, INC., Defendant COMPLAINT No. O F 0 3 c; ct-'-'_( 7'. Plaintiff herein is Cassell Concrete, LLC, a Pennsylvania Limited Liability Company with a principal place of business located at 1205 Manor Drive, Suite 100, Mechanicsburg, Pennsylvania 17055. 2. Defendant herein is Paramount Development, Inc., believed to be a Pennsylvania business corporation with a principal place of business located at 6 Bayberry Drive, Carlisle, Pennsylvania 17013. 3. At all times relevant hereto Plaintiff was in the business of providing materials, supplies and labors in what is commonly referred to as concrete installation and construction business. 4. At all times relevant hereto, Plaintiff provided all supplies, materials and labor in a good and workmanlike manner and in accordance with accepted principles of construction within the concrete construction industry. COUNTI BREACH OF CONTRACT 5. Paragraphs 1 through 4 are incorporated herein as though set forth at length. 6. Commencing in the spring of 2007, Plaintiff and Defendant entered into a series of oral contracts whereby Plaintiff was to provide certain concrete installation and construction services for Defendant. 7. Plaintiff provided Defendant with certain concrete construction labor, services, and materials and issued Defendant statements as follows: Statement Date Job Identification Contract Price a. June 13, 2007 WW 12 $20,912.00 b. August 28, 2007 MBF 13 $10,760.00 c. August 31, 2007 MBF 12 8,232.00 Total $39,904.00 8. Plaintiff has issued Defendant a series of statements and demanded payment but Defendant has failed or otherwise refused to make payment. A true and correct copy of the Invoices issued totaling $39,904.00 are attached hereto, and incorporated herein by reference as though set forth at length and marked collectively as Exhibit "A". 9. Defendant's failure to pay the invoices when due is a material breach of the parties' oral contract. 10. As a result of Defendant's breach of the parties' oral contract, Plaintiff has suffered damages in the amount of $39,904.00. 11. As set forth, Plaintiff has made repeated demands for payment to which the Defendant has refused or otherwise failed to pay or to state, what, if any, portion of the invoice or services performed was not in accord with the contractual specifications or were considered to be a "deficiency item" as defined in the Contractor and Subcontractor Payment Act. 12. As a result of the Defendant's failure to comply with the Contractor and Subcontractor Payment Act, Plaintiff is entitled to a penalty equal to 1% per month of the amount not paid from August 31, 2007 through trial and until time of payment and Plaintiff, if a recovery is awarded, is entitled to reasonable attorney's fees and expenses related to the prosecution of this matter. WHEREFORE, Plaintiff, Cassell Concrete, LLC, demands judgment in its favor and against Defendant, Paramount Development, Inc., in the amount of $39,904.00 plus a penalty of I % per month on said amount until paid, plus reasonable attorney fees, litigation expenses and costs of suit. COUNT II UNJUST ENRICHMENT 13. Paragraphs 1 through 12 are incorporated herein by reference as though set forth at length. 14. Plaintiff provided materials and labor to Defendant in the amount of $39,904.00. 15. As a result of Defendant's failure to pay Plaintiff the $39,904.00, Defendant has been unjustly enriched in the amount of $39,904.00. 16. Plaintiff conferred benefits on Defendant. 17. The benefits conferred were non-gratuitous. 18. There was an appreciation of those benefits by Defendant. 19. Acceptance and retention of these benefits by Defendant, under the circumstances, is inequitable and without payment of value. 20. As a result of Defendant's failure to pay Plaintiff, Defendant has been unjustly enriched in the amount of $39,904.00. WHEREFORE, Plaintiff, Cassell Concrete, LLC, demands judgment in its favor and against Defendant, Paramount Development, Inc., in the amount of $39,904.00 plus a penalty of I% per month on said amount until paid, plus reasonable attorney fees, litigation expenses and costs of suit. Respectfully Submitted, By: erbert P. Henderson, II, Esquire Attorney for Plaintiff 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 I.D. # 56304 VERIFICATION I, Stephen P. Gift, hereby swear and affirm that I am the Managing Member of Cassell Concrete, LLC, Plaintiff herein, and that I am authorized on behalf of the Company to execute this verification. I hereby verify that all the information set forth within the preceding 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.A. Section 4904, relating to unsworn falsification to authorities. CASSELL CONCRETE, LLC Date: !?. - Stephen P. Gift, Nnager Cassell Concrete, LLC 1205 Manor Dr, Suite 100 Mechanicsburg, PA 17055 Phone: 717 766-3555 Fax: 717 766-4005 Bdi To f V Attention: Terms Due Date 06/13/07 P.O. Number WW 12 Salesperson Quantity Description Unit Price Extended Amount 482.0 Porch - Top 4.00 SQ FT 1,928.00 610.0 Porch - Lower 4.00 SQ FT 2,440.00 1.0 Light WT 600.00 CU YD 600.00 1,248.0 Garage Floor - 2 3.00 SQ FT 3,744.00 4,000.0 Basement Floor 2.70 SQ FT 10,800.00 100.0 2-AM 100 Tons 14.00 Tons 1,400.00 Item Total 20,912.00 Plus Sales Tax 0.00 Invoice Total 20,912.00 EXHIBIT A Invoice No.: 1456 Page No.: 1 Date: 06/13/07 Customer No.: 507 Cassell Concrete, LLC 1205 Manor Dr, Suite 100 Mechanicsburg, PA 17055 Phone: 717 766-3555 Fax: 717 766-4005 i _ ggyy(( •Y_ ?A Attention: Invoice No.: 1500 Page No.: 1 Date: 08/28/07 Customer No.: 507 Terms Due Date 08/28/07 P.O. Number MBF 13 Salesperson Quantity Description Unit Price Extended Amount 1,800.0 Driveway 4.00 SQ FT 7,200.00 450.0 Street Walk 4.00 SQ FT 1,800.00 240.0 Lead Walk 4.00 SQ FT 960.00 140.0 Driveway Apron 4.00 SQ FT 560.00 20.0 Extra Stones 12.00 240.00 Item Total 10,760.00 Plus Sales Tax 0.00 Invoice Total 10,760.00 Cassell Concrete, LLC 1205 Manor Dr, Suite 100 Mechanicsburg, PA 17055 Phone: 717 766-3555 Fax: 717 766-4005 a ?i K vJ Attention: Invoice No.: 1499 Page No.: 1 Date: 08/31/07 Customer No.: 507 Terms Due Date 08/31/07 P.O. Number MBF 12 Salesperson Quantity Description Unit Price Extended Amount 1,280.0 Driveway 4.00 SQ FT 5,120.00 400.0 Street Walk 4.00 SQ FT 1,600.00 130.0 Lead Walk 4.00 SQ FT 520.00 170.0 Driveway Apron 4.00 SQ FT 680.00 18.0 Side Stoop 4.00 72.00 20.0 Extra Stone 12.00 240.00 Item Total 8,232.00 Plus Sales Tax 0.00 Invoice Total 8,232.00 =k ? Tr:,":: 00 'D -r? -0 b rr7 = co r Ti b = n C_„ ,? H ?'"T f -TI ti ??7 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01036 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASSELL CONCRETE LLC VS PARAMOUNT DEVELOPMENT INC STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE PARAMOUNT DEVELOPMENT INC was served upon the DEFENDANT , at 1708:00 HOURS, on the 15th day of February-, 2008 at 6 BAYBERRY RD CARLISLE, PA 17013-8411 by handing to KRESTU TSENOFF, OWNER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 32.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/19/2008 PECHT & ASSOCIATES By. "?& eputy Sheriff of A. D. CASSELL CONCRETE, LLC Plaintiff PARAMOUNT DEVELOPMENT, INC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-1036 CIVIL ACTION 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 prodiaed without you and a judgment may be entered against you by the Court without further n6fice 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 CASSELL CONCRETE, LLC Plaintiff PARAMOUNT DEVELOPMENT, INC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-1036 CIVIL ACTION NOTICE TO PLEAD TO: CASSELL CONCRETE, LLC, Plaintiff C/O HERBERT P. HENDERSON, II, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. John R. Fenstermacher Supreme Court I.D. #29940 ` 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Defendant DATED: 3I/3? CASSELL CONCRETE, LLC Plaintiff PARAMOUNT DEVELOPMENT, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-1036 CIVIL ACTION ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW comes the Defendant Paramount Development, Inc. by its attorneys Fenstermacher and Associates, P.C. files the following Answer with New Matter and Counterclaim: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, Defendant Paramount Development, Inc. does not have sufficient information to either admit or deny. This Paragraph and strict proof thereof is demanded at trial. 4. Denied. Plaintiff did not provide all supplies, materials and labor in a good and workmanlike manner in accordance with the principles and construction standards within the concrete construction industry. COUNTI 5. The Answers to Paragraphs 1 through 4 are incorporated herein as though set forth at length. 6. Denied. The Defendant and Plaintiff did not enter in to any written contractual obligations regarding the concrete selection and service. 7. Denied. After reasonable investigation, Paramount Development does not have sufficient information to either admit or deny Paragraph 7 and strict proof thereof is demanded at trial. 8. Denied. Defendant never demanded payment prior to filing the Complaint in this matter. Otherwise, Paramount does not have sufficient information to either admit or deny Paragraph 8 and strict proof thereof is demanded at trial. 9. Denied. The averment is legal conclusion however to the extent an answer is required, the averment is denied. 10. Denied. After reasonable investigation, Defendant does not have sufficient information to either admit or deny the allegations and strict proof thereof is demanded at trial. 11. Denied. After reasonable investigation, Defendant does not have sufficient information to admit or deny this paragraph and therefore strict proof thereof is demanded at trial. 12. Denied. The averment is legal conclusion; however to the extent a response is required, the averment is denied. WHEREOF, Defendant Paramount Development, Inc. demands judgment in its favor and against Cassell Concrete, LLC, together with such other relief the Court deems appropriate. COUNT II 13. Answers to Paragraphs 1 through 12 are incorporated by references at length. 14. Denied. After reasonable investigation, Defendant does not have sufficient information to either admit or deny Paragraph and, therefore, strict proof thereof is demanded at trial. 15. Denied. After reasonable investigation, Defendant does not have sufficient information to either admit or deny Paragraph and, therefore, strict proof thereof is demanded at trial. 16. Denied. After reasonable investigation, Defendant does not have sufficient information to either admit or deny Paragraph and, therefore, strict proof thereof is demanded at trial. 17. Denied. After reasonable investigation, Defendant does not have sufficient information to either admit or deny Paragraph and, therefore, strict proof thereof is demanded at trial. 18. Denied. After reasonable investigation, Defendant does not have sufficient information to either admit or deny Paragraph and, therefore, strict proof thereof is demanded at trial. 19. Denied. After reasonable investigation, Defendant does not have sufficient information to either admit or deny Paragraph and, therefore, strict proof thereof is demanded at trial. 20. Denied. After reasonable investigation, Defendant does not have sufficient information to either admit or deny Paragraph and, therefore, strict proof thereof is demanded at trial. WHEREFORE, Defendant Paramount Development, Inc. demands judgment in its favor and against the Plaintiff together with other relief as the Court deems in an appropriate award. NEW MATTER 21. Plaintiffs Complaint fails to state a cause of action which relief can be granted. 22. Plaintiffs Complaint is barred by the Statute of Limitations. 23. Plaintiffs Complaint is barred by the Doctrine of Latches. 24. Plaintiffs Complaint is barred by a Doctrine of Equitable Estoppel. 25. Plaintiffs Complaint is barred by the Statute of Frauds. 26. Defendant paid the Plaintiff $13,230.00 for certain services as more specifically set forth in Exhibit "A" hereof. WHEREFORE, the Defendant demands judgment against the Plaintiff and such other relief the Court deems appropriate. COUNTERCLAIM Negligence 27. Defendant has paid Cassell Concrete, LLC, certain monies set forth in Exhibit "A" hereof. 28. Plaintiff furnished some services to Paramount Development, Inc. at Meadowbrook Lot No. 113. 29. Services provided were below the customary standards of the concrete industry and have resulted in damage to the home. 30. The unworkmanlike and negligent conduct of the Plaintiff has resulted in the stoop of the home pulling away from the foundation and will require the removal and replacement of the entire front stoop. 31. Paramount Development, Inc. has secured an estimate which is attached hereto as Exhibit "B" which reflects the damage incurred to the premises and cost to be incurred by Paramount Development, Inc. 32. Due to the negligent actions and inactions of the Plaintiff, Defendant has suffered harm in the amount of $9,200.00. WHEREFORE, Defendant demands judgment against the Plaintiff in an amount below the mandatory arbitration limits together with such other relief as the Court deems appropriate. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. DATED: John R. Fenstermacher Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 CERTIFICATE OF SERVICE AND NOW, on this A day of March 2008, I, John R. Fenstermacher, Esquire, A hereby certify that I have served the foregoing, by mailing a true and correct copy by first class mail, addressed as follows: Herbert P. Henderson, II, Esquire 55 West High Street Elizabethtown, PA 17022 FENSTERMACHER AND ASSOCIATES, P.C. By: John R. Fenstermacher EXHIBIT "A" 2008-Feb-22 08:54 AM Integrity Bank 7179204904 3/4 Current Date: February 20, 2008 Account Number 2201000767 Capture Date: October 15, 2007 Item Number. 890000135374 Posted Date: October 15, 2007 Pasted Item Number. 135374 Amount: $4,230.00 Record Type: Debit PARAMOUNT DEVELOPMENT INC 6 BAYBERRY ROAD CARLISLE PA 17013 FOR Nvg0 kka3l° V:031318784l: 2201000 e' . Qw 40" =3M -M Wt5vRW 084, Checking #0000002201000767 ' CRshed Check #0 for $44230.00 1 2008-Feb-22 08:54 AM Integrity Bank 7179204904 PARAMOUNT DEVELOPMENT INC 6 BAYBERRY ROAD CARLISLE PA 17013 Current Date: February 20, 2008 Account Number 2201000767 Capture Date: Item Number. Posted Date: Posted Item Number Amount: Record Type: October 09, 2007 890000133205 October 09, 2007 133205 $4,000.00 Debit 2/4 PARAMOUNT DEVELOPMENT, INC. 432VWWROAD MBNAPAC "(3 PA 17060 PAY ORDER Of 1476 m.u nn J G`y $ L10 Z7 _opw J M EPL FOR w a•DpLorw n6ji318787i: 22Di000 67 C) 2008-Feb-22 08:55 AM Integrity Bank 7179204904 4/4 Current Date: February 20, 2008 Account Number: 2201000767 Capture Date: November 06, 2007 Item Number: 5250008417044 Posted Date: November 06, 2007 Posted Item Number: 8417044 Amount: $5,000.00 Record Type: Debit PARAMOUNT DEVELOPMENT INC 6 BAYBERRY ROAD CARLISLE PA 17013 R? DEVELOPMENT, INC. M6CFiANiCSBUF?s, PR 17050 p90O 1502 Ic- C 1.`..1 IP" • Sv ?.?.-?5-0? 'B86?tl$$Ei?'Sd6 00110029 CK TEN 459000.00 470CO9 4SAN11- 03-07 047700050 FOR 4'00 15022' x:03 ?3 i84a'??: 2 2010 EXHIBIT "B" FEB-20-2008 06:30 PM dab Febrwq 1!, 20W REW TO: Tax IC # 20 0286570 Masonry Contractors 1346 Lambs Gap Road Mechanicsburg, PA 17050 Steve Hess - Phone Number 6974636 Celt Number 2154M PAYMENT DUE UPON RECEIPT OF INVOICE P.01 INVOM TO: CUGIOM : Job Number: IAMMW#Mu 442 Front Obop 0 ro N CASSELL CONCRETE, LLC Plaintiff PARAMOUNT DEVELOPMENT, INC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-1036 CIVIL ACTION ANSWER TO NEW MATTER AND NOW comes the Defendant Paramount Development, Inc. by its attorneys Fenstermacher and Associates, P.C. files the following Answer with New Matter: 33. The averment is legal conclusion to which no response is required to the extent a response is required. It is denied. 34. The averment is legal conclusion to which no response is required to the extent a response is required. It is denied 35. The averment is legal conclusion to which no response is required to the extent a response is required. It is denied. 36. The averment is legal conclusion to which no response is required to the extent a response is required. It is denied. 37. The averment is legal conclusion to which no response is required to the extent a response is required. It is denied 38. The averment is legal conclusion to which no response is required to the extent a response is required. It is denied 39. The averment is legal conclusion to which no response is required to the extent a response is required. It is denied 40. The averment is legal conclusion to which no response is required to the extent a response is required. It is denied. 41. The averment is legal conclusion to which no response is required to the extent a response is required. It is denied. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. DATED: 1 John R. Fenstermacher I Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 •,, CERTIFICATE OF SERVICE AND NOW, on this d?day of June, 2008, I, John R. Fenstermacher, Esquire, hereby certify that I have served the foregoing, by mailing a true and correct copy by first class mail, addressed as follows: Herbert P. Henderson, 11, Esquire 55 West High Street Elizabethtown, PA 17022 FENSTERMACHER AND ASSOCIATES, P.C. C n R. Fenstermacher crs t . fi 9 /1 Y l M ?w? 115 r 51 CASSELL CONCRETE, LLC Plaintiff vs. PARAMOUNT DEVELOPMENT, INC : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1036 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Herbert P. Henderson, II, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiff in the action is $50,000.00 The counterclaim of the Defendant in the action is $9,200.00 The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Herbert P. Henderson, II, Esquire; John R. Fenstermacher, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, Herbert P. Henderson, H, Esquire ORDER OF COURT AND NOW, , 2008, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Edgar B. Bayley wa rn all c CASSELL CONCRETE, LLC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1036 VS. PARAMOUNT DEVELOPMENT, INC : Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Herbert P. Henderson, II, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiff in the action is $50,000.00 The counterclaim of the Defendant in the action is $9,200.00 The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Herbert P. Henderson, H, Esquire; John R. Fenstermacher, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, Herbert P. Henderson, II, Esquire ORDER OF COURT //' &M NO / Z, 2008 in consider tion of tho) foregoing petition, a/ilijc,c/? ?ctsc. 6 LGc- Esq., and Esq., and J 4k,gggo U& Esq., are appointed arbitrators in the above capti ed action as prayed 67for. By the Cw , A p Edgar B. Bayley % .*a C-fil 04 03 w gtAoO i VINVA IAS,Wd I h *0 Ind L I OS 8001 AdVWZHWO d 3HI 30 301 O-a-M