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HomeMy WebLinkAbout08-7516 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM /a-/" /17a MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. O Y- 75 /G NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST NO. NAME OF MDJ I-;. V Mechanical 09-1-02 Robert V. Manlove STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant) 12/22/08 Eastern Air, inc. V. H V Mechanical DOCKET No. SIGNATURE OF APPELLANT OR ATTORNAY OR AGENT i "91999xx CV-0000385-08 This block will be signed ONLY when this notation is required under Pa. R.C.P.D. J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy was before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Eastern Air, Inc, Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. Ok, 76 / ` ) within twenty (20) days after service of rule or suffer entry jud en of n pros. Signature of appellant or attorney or agent Ronald D. Butler, Esquire RULE:To Eastern Air, Inc- appellee(s) Name of appellee(s) OWNER (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 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 d 2 20 b I' Signature of PralheneMyor Deputy YOU MUST INCLUDE A COPY OFTHE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. q. AOPC 312-05 COURT FILE TO BE FILED WITH PROTHONOTARY :. , 3=nom . . co +D i ;. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUDLSERLmi l D Man Dist No NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE 09-1-02 r- WTIFF: NAME and ADDRESS EASTERN AIR INC MDJ Name: Hon. IitOSEIIT V. I(ANLOV$ PO SOX 5268 Address: 1901 STATE ST LA111C7118TER, PA 17606 CAM HILL, PA L VS DEFENDANT: .' Telephone: (717,)r'-76170583' r NAME,and ADDRESS 17011-0000 H v]LaCgANICAL ------------------- - - 609 HDIp[ICL AVE LE1[OYNS, PA 17043 -71 BEATS VARVICL L. J 609 RUIML AVI Docket No.: CP-0000385-08 L=WYNE, PA 17043 Date Filed: 11/10/08 THIS IS TO NOTIFY YOU THAT: Judgment: D$lrAULT JQDT_:PLTIr _ (Date of-WdgmenO...., 1?/2Z/08 Judgment was entered for: (Name) EASTZRN AIR INC © Judgment was entered against: (Name) B V 1LECBANICAL in the amount of $ 3,997.12 Defendants are jointly and severally liable. Amount of Judgment Judgment Costs „ Damages will be assessed on Date & Time Interest on Judgment - Attorney Fees ,; ' " ? This case dismissed without prejudice. Total ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 post judgment $ Credits Post Judgment Costs Portion of Judgment for physical damages arising out of residential lease I 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, - Ji1DGMENT.HOLDERELECTS IF THE. -TO_ENTER THEJLDGMENIT-IN.THE.COURT OF-COMMON PLEq$,.gLL FURTHER. PROCESS MUST COME FRONTTHE COURT -OF:COMMON`PLEAS AND.NOFURTHER PROCESS MAY-Be ISSUED BY"THE' MAGISTERIAC W$7RICTJUDGE 1INLESS THE JUDGMENT IS ENTERED IN THE "COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE qqT FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOFpp?YS SETTLES, OR 0T4 Eh WISE COMPLIES WITFI ' - E JUDGMENT. ?. .IN.FULL, 11E Date certi t at'this is a tru r co o th ' r 01 Date A My commission expires first Monday of January, 2012 AOPC 314-0% ' -DATE PRINTEDz 12/22/08 MagiSter4alJistrict Judge', proceedings contaning the tudg ent r District Judge 9:17:00 AN DAUPHIN XX 08-7516 January 2; 09 January 2, 09 XXXXXXXX 2nd January., 09.r_ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHERYL L. FERGUSON, Notary Public City of Harrisburg, Dauphin County Notary Public My Commission Expires April 6, 2012 yVy 44 X. x xxx a ' -. Eastern Air, Inc. Z5 X t XXXXXXX;C Ronald D. Butler April-6, Postal CERTIFIED MAIL,, , RE CEIPT CERTIFIED MAIL RE CEIPT (Domestic O . nly; Coverage Prolvided? m ., (Domestic 0,1y; No 1,surance Coerage • , , •, 43 CEI -0 n For delivery information visit our website at www.uspsxomR. M r, M M C3 1-3 Postage $ O Postage $ C3 -I- Certified Fee Certified Fee 0 Return Receipt Fee Postmark rk a Return Receipt Fee Postmark Q (Endorsement Required) O (Endorsement Required) Here Restricted Delivery Fee Restricted Delivery Fee O (Endorsement Required) (Endorsement Required) r U r Total Postage & Fees $ S. 3a Total Postage & Fees $ 3 (aI ?Q a .A Sent To r o 1-V` Se t To p `' M C3 --U O Street, Apt. No. -- srR.cT I?oBE2T v` --- J't?*I ?.... P - or PO Box No. Street, Apt No.; ------- g. o ----- * or Po Box No. 19 ©j --- S'ATf- Se.? T ------------------------------------------ - Q City, Stete, ZIP+ -- ----°---°°-°-----_.°------------------- city, state, Z?P+ 7 'CAIV WLC-. ?A 1-7011 COMMONWEALTH OF PE FrYtYdl1+1 COURT OF COItAiJION PLk . !, u, Judicial District, County Of Cumber Ia x of AfPPEAL PRM ; . MA.GISTERiAL DISTRICT JUD" JUDWENT COMMON PLEAS No. ' NOTICE OF ANAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF OF MDJ 9tnlfnS? _ tDefer?ant) Air. "its o. 1a c No. ZIP CODE ,1±. This block will be stj d ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R. $. J. No. 1 (&) in action R.C.P.D. J. No. 10068. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. Within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 'IFE TO ENTER RULE TO FILE COMPLAINT AND RULE TO PILE This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Ea terry it i x , Inc... appellee(s), to file a complaint in this appeal Name of appeNee(s) (common Pleas No7 r?i ) wlthjywenty (fit)) days a#Ier service of rule or suffer entry 'Rf judgpertj,o# raln pros. rCi ` Signature of appellant or attorney or agent RULE: To N'g q rri Air rat- appellees) Name of appWise(s) OWNER (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. i (2) If you do not file a complaint within this time JUDGMENT OF NON PROS MAY 8E ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date f?4ar 20 K) JT .. t ?r AOPC 312-05 Signature of Ptorhon_ Laa or Deputy . ZAP YOU MUST INCLUDE A COPY OF THE NOTICE OF JtlDGMEMT1TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. COURT FILE STATE I DO HEREBY CERTIFY AS A TRUE AND CORRECT COPY OF ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EASTERN AIR, INC. - V. No. 08-7516 HV MECHANICAL NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EASTERN AIR, INC. V. No. 08-7516 CIVIL HV MECHANICAL 1. Plaintiff is Eastern Air, Inc., a Pennsylvania Corporation with its principal place of business at 209-A Meadow Valley Road, Ephrata, Pennsylvania, and current mailing address of P.O. Box 805, Brownstown, Pennsylvania 17508. 2. Defendant is H V Mechanical, a Pennsylvania business entity with its principal place of business at 609 Hummel Avenue, Lemoyne, Pennsylvania 17043. 3. During the first week of May, 2008, Defendant called Plaintiff at its place of business to do air duct cleaning at Ambassador Home Improvements, 4856 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 4. At the time of the phone call, Defendant stressed the need to have the work done as quickly as possible and Plaintiff was able to do the work in the time frame requested by Defendant. 5. Pursuant to the parties' oral agreement, Plaintiff did clean the air ducts at said location and Plaintiff performed the work on May 7 and May 8, 2008. 6. Plaintiff sent Defendant a bill dated May 8, 2008, in the amount of $3,629.44 for the work done at Defendant's request. A copy of said bill is attached hereto, made apart hereof and marked Exhibit A. 7. Plaintiff is entitled to interest at the rate of 1.5% per month on the past due balance. 8. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant has failed or refused to pay the same. WHEREFORE, Plaintiff demands judgment against Defendant for $3.629.44, plus continually accruing interest in the amount of 1.5% per month and costs of suit. COUNT II (UNJUST ENRICHMENT) 9. Paragraphs One (1) through Eight (8) are incorporated herein and made a part hereof. 10. At Defendant's request, Plaintiff conferred a benefit upon Defendant by cleaning the air ducts at said location. 11. Defendant received and accepted the benefit of Plaintiff's cleaning of the air ducts. 12. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and that Plaintiff expected to be paid for such. 13. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide services to Defendant. 14. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of said services without paying Plaintiff fair and reasonable compensation. 15. Allowing Defendant to retain the benefit of Plaintiff's services without paying fair compensation would be unjust. 16. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum merit value of said services previously described in the amount of $3,629.44. WHEREFORE, Plaintiff demands judgment against Defendant for $3.629.44, plus continually accruing interest in the amount of 1.5% per month and costs of suit. Respectfully submitted, Ryan E. Weirich, Pro Se Vice-President, Eastern Air, Inc. P.O. Box 805 Brownstown, PA 17508 717-738-7399 Ir VERIFICATION I, Ryan E. Weirich, Vice-President, Eastern Air, Inc. verify that the statements made in this Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 19 Pa.C.S. Section 4909, relating to unsworn falsification to authorities. Ryan E. Weirich CERTIFICATION OF SERVICE I do hereby certify on January L(,_, 2009, that a true and correct copy of the foregoing Complaint was served by first class mail upon Ronald D. Butler, Esquire, P.O. Box 1004, Harrisburg, PA 17108-1004 Ryan E. Weirich Eastepn Aip Inc.,' AIR DUCT CLEANING I BILLING H V Mechanical Mr. Heath Varvel 609 Hummel Avenue Lemoyne, PA 17043 INVOICE DATE INVOICE NO. 5/8/2008 %8 REMIT TO Eastern Air, Inc. P.O. Box 5268 Lancaster, PA 17606-5268 P.O. NO. TERMS REP Varvel, Heath NET 30 SERVICE DATE DESCRIPTION QTY RATE AMOUNT 5/7/2008 Cleaning of One Air Duct System 3,085.00 3 085.00 5/8/2008 Encapsulating One Air Duct System 220.00 , 220.00 Tri-Dim Filters 16x20x 1 4 11.00 44.00 Report 75.00 75.00 Subtotal 3,424.00 Job Site: Ambassador Home Improvements 4856 Carlisle Pike Mechanicsburg, PA 17050 Thank you for allowing us to serve you! PA Sales Tax 6.00% 205.44 Finance Charge of 1.5% per month on unpaid balances. Returned check Charge-$25.00 per check. FTotal $3,629.44 Phone: 717 738.7399 P.O. BJx 5268, Lancaster, PA 17606 www•easternahinanet Fax: 717.738.4417 _s crr, : co m. EASTERN AIR, INC., Plaintiff V. HV MECHANICAL, Defendant TO: Eastern Air, Inc. P.O. Box 805 Brownstown, PA 17508 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7516 CIVIL ACTION - LAW NOTICE TO PLEAD 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ,OR KNOW A LAWYER, THEN YOU SHOULD 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, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 BUTLER LAW FIRM By: Ronald D. Butler, Esquire Attorney for Defendant I.D. #09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 1 10 BUTLER LAW FIRM Ronald D. Butler, Esquire Attorney I.D. No.: 09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 lawyersCti?butlerlawl3rm.com EASTERN AIR, INC., Plaintiff V. HV MECHANICAL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7516 CIVIL ACTION - LAW DEFENDANT'S ANSWER AND NEW MATTER AND NOW, the Defendant, HV Mechanical, by and through its attorneys, Butler Law Firm, files this Answer and New Matter, and in support thereof avers the following: ANSWER 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and Denied in part. It is admitted only that Plaintiff performed work at said premises on the dates alleged. It is specifically denied that Plaintiff completed the work in a professional and workmanlike manner. Further, the allegation that the parties had an oral agreement is a conclusion of law to which no response is required. 6. Denied. The document speaks for itself. 7. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 8. Admitted in part and Denied in part. It is admitted only that Plaintiff made demand for payment. It is specifically denied that Defendant owes said amount. 9. No response is required. Plaintiff merely incorporates paragraph one through eight of its Complaint. 10. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 11. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 12. Admitted in part and Denied in part. It is admitted only that Defendant was aware that Plaintiff was providing services to Defendant and that Plaintiff expected payment. It is specifically denied that Plaintiff performed said services in a professional and workmanlike manner. It is further denied that the amounts Plaintiff charged for said services were reasonable and/or the market prices therefor. 13. Admitted in part and Denied in part. It is admitted only that Defendant permitted Plaintiff to provide services to Defendant. It is specifically denied that Plaintiff performed said services in a professional and workmanlike manner. It is further denied that the amounts Plaintiff charged for said services were reasonable and/or the market prices therefor. 14. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 15. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 16. Denied. The allegations made in this paragraph constitute a conclusion of,law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiffs' Complaint. NEW MATTER 17. Defendant's answers to Paragraphs 1 through 16 of Plaintiffs' Complaint are incorporated herein by reference as though fully set forth. 18. Plaintiff and Defendant agreed only that Plaintiff would clean the air ducts at Ambassador Home Improvements, Inc., 4856 Carlisle Pike, Mechanicsburg, Pennsylvania 17050, on the dated alleged in the complaint. 19. Plaintiff and Defendant never came to terms, or even discussed, the cost of labor and materials prior to Plaintiff commencing work. Defendant first learned of the amount charged for this work upon receipt of Plaintiff's invoice dated May 8, 2008. 20. Defendant did not agree to and is not obligated to pay interest at a rate of 1.5% per month. 21. Plaintiff's charges are excessive and unreasonable. 22. Defendant requested in writing that Plaintiff provide a detailed description of the work performed, hours of labor, cost of labor and itemized breakdown of all other services and materials allegedly provided to Defendant. 23. Plaintiff failed and refused to provide the information requested by Defendant. 24. As part of the work agreed to by the parties on or about the first week in May, 2008, Defendant requested and Plaintiff agreed to clean the evaporation coil in the rooftop HVAC unit. 25. Plaintiff either failed to clean the evaporation coil and/or complete the work in a professional and workmanlike manner. 26. The day after Plaintiff completed the work a water leak from the HVAC unit caused damage to the interior ceiling of Ambassador Home Improvements, Inc.'s place of business. 27. The day after Plaintiff completed the work, Defendant inspected the evaporation coil and noted that it was clogged with debris. 28. The cost to repair the damage caused by Plaintiff's poor workmanship was approximately $500.00. 29. Defendant does not owe the amount demanded by Plaintiff because Plaintiff's charges are unreasonable and excessive and were not agreed to by Defendant. 30. Defendant does not owe the amount demanded by Plaintiff because Plaintiff did not perform the services in a professional and workmanlike manner. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiffs' Complaint and grant any such other relief as it deems appropriate. Respectfully submitted, BUTLER LAW FH?M Attorneys for Defendant By: M/ ? Ronald D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 -JAN.26.2009+ 2.47PV 7112361171 VERXFICA,TIOI?I NO. 906 P. 6 1, Heath Vmvel, owner of Defendant herein, hereby certify that the facts set forth in the foregoing Answer and New Matter are true and correct according to the beat of my Imowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn, falsification to authoriti Dated: A4,1 v,, ?y ,2 Bath arvel EASTERN AIR, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-7516 HV MECHANICAL, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana Butler Toole , Esquire, hereby certify that on the ,)0 day of January, 2009, I served a true and correct copy of the foregoing Defendant's Answer and New Matter by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Eastern Air, Inc. P.O. Box 805 Brownstown, PA 17508 Jana Bu eV Tbble, Esquire Attome for Defendant I.D. #8(Y574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 y ?,,.? ?tl -i'? ; r?; 1 t:"} ^^"9 "?. NESTICO, DRUBY & HILDABRAND, LLP Scott A. Stein, Esquire PA Supreme Court I.D. 81738 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 sstein@hersheypalaw.com EASTERN AIR, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7516 HV MECHANICAL, Defendant CIVIL ACTION -LAW PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, Eastern Air, Inc., by and through its counsel, NESTICO, DRUBY & HILDABRAND, LLP, and presents the following Answer to Defendant's New Matter: 17. Plaintiffs averments in Paragraphs 1 through 16 of its Complaint are incorporated herein by reference as though fully set forth. 18. Denied as stated. It is admitted that Plaintiff and Defendant agreed that Plaintiff would clean the air ducts at Ambassador Home Improvements, Inc. on May 7, 2008. 19. Admitted in part and Denied in part. It is admitted that Plaintiff and Defendant did not discuss the cost of labor and materials prior to Plaintiff commencing work as Defendant's request was for immediate service to which Plaintiff agreed to do, in addition to Defendant providing a billing address to Plaintiff. It is denied that the parties never came to terms. 20. Denied. It is denied that Defendant did not agree to pay interest at a rate of 1.5% per month. 21. This averment is a conclusion of law and no answer is required. To the extent that an answer is required, it is denied. Plaintiff's charges were reasonable in light of the facts and circumstances of the scope of work required and agreed to be completed. 22. Admitted in part and Denied in part. It is admitted that Defendant requested a breakdown of work performed, hours of labor, and cost of materials provided by Plaintiff, subsequent to the performance of the work and receipt of Plaintiff's bill. It is denied to the extent that an inference exists that said request was made prior to work being performed. 23. Denied. Subsequent to the billing of the Defendant by Plaintiff, Defendant requested a breakdown on the bill and its costs. Said information was provided to Defendant. 24. Admitted. 25. Denied. Plaintiff completed the work in a professional and workmanlike manner. 26. Denied. After reasonable investigation, it is denied that there was any water leak the next day from the HVAC unit that caused any damage to property owner and strict proof thereof is requested at trial. 27. Denied. After reasonable investigation, it is denied that the evaporation coil was found clogged with debris the day after Plaintiff performed work. 28. Denied. Plaintiff completed all work in a workmanlike manner and did not cause any damages in any amount. 29. Denied. This averment calls for a conclusion of law to which no answer is required. To the extent that an answer is required, it is denied. Plaintiff s charges were not excessive and were reasonable. 30. Denied. This averment calls for a conclusion of law to which no answer is required. To the extent that an answer is required, it is denied. Plaintiff completed all work in a professional and workmanlike manner. WHEREFORE, Plaintiff respectfully requests that Defendant's New Matter be dismissed and that judgment against Defendant in the amount of $3,629.44 plus costs and interest together with any other relief that the Honorable Court deems justified in this matter. Respectfully submitted, Date: / 2 c? 7 / NESTICO, DRUBY & HILDABRAND, L.L.P. Scott A. Stein, Esquire Supreme Court I.D. No. 81738 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Attorney for Defendant I, Ryan E. Weirich, Vice-President of Eastern Air, Inc. state that I have the authority on behalf of Eastern Air, Inc. to verify the facts in the within Answer to New Matter and hereby verify that the statements made in the foregoing document 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 unworn falsification to authorities. Date: Al /-,c 2 /t- -r Ryan E. Weirich Vice- President, Eastern Air, Inc. CERTIFICATE OF SERVICE I, Scott A. Stein, Esquire of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the ---- day of December 2009, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Ronald D. Butler, Esquire P.O. Box 1004 Harrisburg, PA 17108-1004 Scott A. Stein, Esquire FILE D-U??, ?E C mr., tr,?r?l?? OF TPE , tlt.)` 1064 DEC 16 Phi 1: 2 6 CUtdl?, : . u ITY EASTERN AIR, INC. Plaintiff V. HV MECHANICAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-7516 CIVIL ACTION - LAW n C 0 0 rn co t ZZ r 0 PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance as counsel for Plaintiff Eastern Air, Inc. in the above matter. By: Scott A. Stein, Esquire Attorney I.D. No. 81738 148 W. Granada Avenue Hershey, PA 17033 (717) 533-3694 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Plaintiff Eastern Air, Inc. in the above matter. NESTICO, DRUBY & HILDABRAND, L.L.P. By: ? Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the Z day of February 2010, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Ronald D. Butler, Esquire P.O. Box 1004 Harrisburg, PA 17108-1004 s t-*arll. affildkabr?and, Esquire FI EF' 2010 JUL EASTERN AIR, INC. : IN THE COURT OF COMMON PLEAS OF 23 ?' Plaintiff : CUMBERLAND COUNTY, PENNSIg1IA Ty r` V. NO. 2008-7516 HV MECHANICAL, Defendant CIVIL ACTION -LAW PETITION TO WITHDRAW AS COUNSEL FOR PLAINTIFF 1. On December 16, 2009, Nestico, Druby & Hildabrand, LLP by Scott A. Stein, Esquire entered an appearance on behalf of Plaintiff Eastern Air, Inc. 2. Plaintiff agreed to pay Nestico, Druby & Hildabrand, LLP an hourly rate for services provided. 3. Despite repeated requests to Plaintiff, Plaintiff has refused to pay Nestico, Druby & Hildabrand, LLP for services rendered or to provide the requested retainer for future services. WHEREFORE, Nestico, Druby & Hildabrand, PC and Scott A. Stein, Esquire (who is no longer with Nestico, Druby & Hildabrand, PC) herein request that this Honorable Court permit them to withdraw as counsel for Plaintiff. NESTICO, DRUBY & HILDABRAND, PC By: XQ.tS.. Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 2 VERIFICATION I, Karl R. Hildabrand, Esquire, verify that the statements made in the foregoing document 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 unworn falsification to authorities. Date: • 2 t o zzl?cs& Karl R. Hildabrand, Esquire 3 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire of the law firm Nestico, Druby & Hildabrand, PC, hereby certify that I served a true and exact copy of the foregoing document referenced to the foregoing action by First Class Mail, postage prepaid, this 2 day of July 2010, on the following: Eastern Air, Inc. Attention: Ryan Weirich PO Box 805 Brownstown, PA 17508 Ronald D. Butler, Esquire 500 North Third Street Twelfth Floor Harrisburg, PA 17101 Karl R. Hildabrand 4 s . F1i_6 C JUL 2 6 2010 201Q Ji.'_ 00 u?? 9: f 3 EASTERN AIR, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-7516 HV MECHANICAL, Defendant CIVIL ACTION -LAW RULE TO SHOW CAUSE AND NOW, this ? day of 2010, upon consideration of the Petiton to Withdrawal as Counsel of Nestico, Druby & Hildabrand, PC, a Rule is hereby issued upon Plaintiff to show cause, if any it has, why the relief requested in said Petition should not be granted. Rule returnable 15 - days from date of service. BY THE COURT, ,W\ _?' ? J. D' 'bution: 1 R. Hildabrand, Esquire, 840 East Chocolate Ave., Hershey, PA 17033 0d D. Butler, Esquire, 500 N. P Street, Twelfth Floor, Harrisburg, PA 17101 stern Air, Inc., PO Box 805, Brownstown, PA 17508 n F,4 rn?.1 LL ? 3vl cv EASTERN AIR. INC. Plaintiff V. HV MECHANICAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2008-7516 CIVIL ACTION - LAW _!.. PETITION TO MAKE RULE ABSOLUTE; 1. On or about July 22, 2010 Nestico, Druby & Hildabrand, PC and Scott A. Stein, Esquire filed a Petition to Withdraw as counsel for Plaintiff. 2. A Rule to Show Cause was issued by the Court on July 30. 2010 returnable 15 days from date of service. 3. The Petition and Rule was served upon Ronald Butler. Esquire. counsel for Defendant by certified mail, return receipt requested on August 16, 2010. Attached hereto, rnarked as Exhibit A and incorporated herein by reference is a copy of the signed return receipt card for said service. 4. The Petition and Rule was served upon Plaintiff Eastern Air, Inc. by certified mail, return receipt requested on August 20, 2010. Attached hereto, marked as Exhibit B and incorporated herein by reference is a copy of the signed return receipt card for said service. Fifteen (15) days have passed since service of the Rule and no response has been filed by either Plaintiff or Defendant. 2 'WHEREFORE, it is respectfully requested that this Court make the Rule absolute and permit the withdrawal as counsel ofNestico. Druby & Hildabrand. PC and Scott A. Stein, Esquire. NESTICO, DRUBY & HILDABRAND. PC By Karl R. Hildabrand. Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 ¦ 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: 5CC St A. Si nature Agent ? Addressee ivery B. Res iv W(A Printed Name) C. Daje of tlcl _?/? oge 1,??// D. Is deVery address different from item 1?/ 11 Yjs If YES, enter delivery address below: ? o 3. Service Type .Certified Mail ? Express Mail ? Registered Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (Transfer from se 7009 0080 0001 7877 8769 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 'NA" ¦ 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: ,? j ZyG ?+v??3? ir1 VP Pa 6 A,., Signature \' f " 1 r -.Agent X • ) (_ 1. C1?? - "L 0 Addressee )-Received by ( h^teV Name) C. Date of Delivery D. Is delivery address different from 6m 1? 0 Yes If YES, enter delivery address below: 0 No 3, Service Type rtified Mail 0 Express Mail ? Registered 5ZLPetum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7 0 0 9 0080 0001 7877 8752 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 11 B 11 CERTIFICATE OF SERVICE 1. Karl R. Hildabrand, Esquire of the law firm Nestico. Druby & Hildabrand. PC. hereby certify, that I served a true and exact copy of the foregoing document referenced to the foregoing action by First Class Mail, postage prepaid, thisi day of September 2010, on the following: Eastern Air, Inc. Attention: Ryan Weirich PO Box 805 Brownstown, PA 17508 Ronald D. Butler, Esquire 500 North Third Street Twelfth Floor Harrisburg, PA 17101 Karl R. Hildabrand 4 SEP 13 2010 EASTERN AIR, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7516 HV MECHANICAL, Defendant CIVIL ACTION -LAW ORDER Ak AND NOW, this 12i day of S e4- , 2010, the Rule to Show Cause issued on July 30, 2010 is hereby made absolute and Nestico, Druby & Hildabrand. PC, and Scott A. Stein, Esquire are hereby permitted to withdraw as cornnsel for Plaintiff. BY THE COURT, J. ?D' ribution: -,-?K rl R. Hildabrand, Esquire, 840 East Chocolate Ave., Hershey, PA 17033 Ito ald D. Butler. Esquire, 500 N. 3rd Street, Twelfth Floor, Harrisburg, PA 17101 astern Air.. Inc., PO Box 805, Brownstown, PA 17508 m k t OT, 4 E S 9112116 n ,D iN FILED-OFFICE C THE PROTHONOTARY 2010 SEP 23 P 3: 21 EASTERN AIR, INC. : IN THE COURT OF COM ?O A T ?' Plaintiff : CUMBERLAND COUNTY, P L A IA V. : NO. 2008-7516 HV MECHANICAL, Defendant CIVIL ACTION -LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Pursuant to this Court's Order of September 13, 2010 please withdraw the appearance of Nestico, Druby & Hildabrand, PC and Scott A. Stein, Esquire as counsel on behalf of Plaintiff in the above matter. NESTICO, DRUBY & HILDABRAND, PC By: Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 EASTERN AIR, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL ACTION - LAW vs. NO. 08-7516 CIVIL H V MECHANICAL, Defendant ORDER AND NOW, this Z to . day of March, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Kathleen Shaulis, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, x4 Kevin . Hess, P. J., Kathleen Shaulis, Esquire Court Administrator :rlm COPY tnc, lets 31,>G11,z "r r =