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Home My WebLink About01-0519HOFFMAN MECHANICAL, INC., Plaintiff Vo VANGUARD HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- 5-lq CIVIL TERM 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 the pleadings and Notice are served, 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 pleadings or for any other claim of 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. 1F 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WAYNE F. SHADE Attorney at Law 53 West Pornfret Street Carlisle, Pennsylvania ]7013 Wayne'F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Atloraey at Law 53 West Pomfi~ Street Carlisle, Pcmtsylvania 17013 HOFFMAN MECHANICAL, INC., Plaintiff Vo VANGUARD HOMES, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01- ,57q CIVIL TERM : COMPLAINT Plaintiff HOFFMAN MECHANICAL, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its main office and principal place of business at 851 Bower Road, Shermans Dale, Perry County, Pennsylvania 17090. Defendant VANGUARD HOMES, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 3029 North Front Street, Harrisburg, Dauphin County, Pennsylvania 17110. 3. On or about November 12, 1999, Defendant initiated a course of dealing with Plaintiff in which Plaintiff provided labor, equipment and other materials in the installation of heating, ventilation and air conditioning systems in various residential dwelling units that were constructed by Defendant in Cumberland and Dauphin Counties. o As to all labor, equipment and other materials for which Plaintiff submitted invoices to Defendant as averred herein, the equipment and other materials were satisfactory in all respects; and the labor was performed in a good and workmanlike manner. 5. The purchase orders averred herein were delivered to Plaintiff by facsimile transmission. The attached copies are the best copies that Plaintiff has. Plaintiff believes and therefore avers tbat Defendant has the originals of all attached purchase orders. 6. On or about November 12, 1999, Defendant issued to Plaintiff, Defendant's purchase order//00174 in the amount of $7,325 for a property located in Dauphin County, Pennsylvania, and designated as Lakeside, Lot 48. A copy of said purchase order is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 7. Defendant paid $6,000 on account of said purchase order #00174, but did not pay Plaintiff's invoice//A692 in the amount of $1,325 which was issued to Defendant on June 13, 2000. WAYNE F. SHADE Attorney at Law 53 West Porafr~t Street -2- WAYNE F. SHADE A~orney at Law 53 West Pomfret Street Carlisle, Pennsylvania On or about November 12, 1999, Defendant issued to Plaintiff, Defendant's purchase order #00175 in the amount of $7,325 for a property located in Dauphin County, Pennsylvania, and designated as Lakeside, Lot 49. A copy of said purchase order is attached hereto as Exhibit "B" and incorporated herein by reference as though fully set forth. 9. On or about April 4, 2000, Defendant issued to Plaintiff, Defendant's purchase order #22508 in the amount of $750 for moving gas lines due to Defendant's change in the framing of the structures for properties located in Dauphin County, Pennsylvania, and designated as Lakeside, Lots 49 and 50. A copy of said purchase order is attached hereto as Exhibit "C" and incorporated herein by reference as though fully set forth. 10. Purchase order #22508 was for identical work on Lakeside, Lot 49, and Lakeside, Lot 50, in the amounts of $375 each. 11. Defendant paid $6,000 on account of said purchase order #00175, but did not pay Plaintiff's invoice #A695 in the amount of $1,325 which was issued to Defendant on June 13, 2000, or invoice #A557 issued April 11, 2000, in the amount of $750 of which $375 were for Lakeside, Lot 49, for a total of $1,700 due on Lakeside, Lot 49. -3- WAYNE F. SHADE Attoraey at Law 12. On or about November 12, 1999, Defendant issued to Plaintiff, Defendant's purchase order #00176 in the amount of $7,325 for a property located in Dauphin County, Pennsylvania, and designated as Lakeside, Lot 50. A copy of said purchase order is attached hereto as Exhibit "D" and incorporated herein by reference as though fully set forth. 13. On or about April 4, 2000, Defendant issued to Plaintiff, Defendant's purchase order #22507 in the amount of $62.25 for said Lakeside, Lot 50, for installation ora B vent to a water heater. A copy of said purchase order is attached hereto as Exhibit "E" and incorporated herein by reference as though fully set forth. 14. Defendant paid $6,000 on account of said purchase order #00176, but did not pay Plaintiff's invoice #A696 in the amount of $1,325 which was issued to Defendant on June 13, 2000, the other half of invoice #A557 issued April 11, 2000, in the amount of $375 for Lakeside, Lot 50, or invoice #A558 issued April 11, 2000, in the amount of $62.25 for a total of $1,762.25 due on Lakeside, Lot 50. 15. On or about February 16, 2000, Defendant issued to Plaintiff, Defendant's purchase orders ##00383, 00384 and 00385 in the respective amounts of $3,000, $3,000 and $475 for a property located in Cumberland County, Pennsylvania, and designated as -4- WAYNE F. SHADE A~omey at Law Dickinson Green, Lot 26. Copies of said purchase orders are attached hereto as Exhibits "F", "G" and "H" and incorporated herein by reference as though fully set forth. 16. Defendant paid $6,000 on account of said purchase orders ## 00383 and 00384 but did not pay Plaintiff, s invoice #A 1097 in the amount of $475 which was issued to Defendant on December 28, 2000, for a total of $475 due on Dickinson Green, Lot 26. 17. On or about February 22, 2000, Defendant issued to Plaintiff, Defendant's purchase orders ##00424, 00425 and 00426 in the respective amounts of $3,000, $2,144 and $500 for a property located in Cumberland County, Pennsylvania, and designated as Wesley Mews, Building 11, Unit 5. Copies of said purchase orders are attached hereto as Exhibits 'T', "J" and "K" and incorporated herein by reference as though fully set forth. 18. Defendant has paid nothing on account of Plaintiff's invoice #A612 in the amount of $3,000 which was issued on May 12, 2000, or Plaintiff,s invoice #A812 in the amount of $2,644 which was issued on August 29, 2000, for a total of $5,644 due on Wesley Mews, Building 11, Unit 5. 19. On or about February 22, 2000, Defendant issued to Plaintiff, Defendant's purchase order #00427 in the amount of $3,000 for a property located in Cumberland County, Pennsylvania, and designated as Wesley Mews, Building 11, Unit 8. A copy of -5- WAYNE F. SHADE Attorney at Law 53 West Pomfr~t Street Carlisle. Pennsylvania 17013 said purchase order is attached hereto as Exhibit "L", and incorporated herein by reference as though fully set forth. 20. Defendant paid $500 on account of Plaintiff's invoice #A571 in the amount of $3,000 which was issued to Defendant on April 14, 2000, for a total of $2,500 due on Wesley Mews, Building 11, Unit 8. 21. On or about March 22, 2000, Defendant issued to Plaintiff, Defendant's purchase order #12469 for replacement of a water heater at Wesley Mews in the amount of $156. A copy of said purchase order is attached hereto as Exhibit "M", and incorporated herein by reference as though fully set forth. 22. Defendant has paid nothing on account of Plaintiff's invoice #A559 in the amount of $156 which was issued to Defendant on April 11, 2000. 23. On or about April 10, 2000, Defendant issued to Plaintiff, Defendant's purchase orders ##00669, 00670 and 00671 in the respective amounts of $3,000, $3,000 and $2,740 for a property located in Cumberland County, Pennsylvania, and designated as Wesley Mews, Building 11, Unit 9. Copies of said purchase orders are attached hereto as Exhibits "N", "O" and "P" and incorporated herein by reference as though fully set forth. -6- WAYNE F. SHADE 24. Defendant paid $7,340 on account of purchase orders ##00669, 00670 and 00671 but did not pay $1,400 of Plaintiff's invoice #A813 which was issued to Defendant on August 29, 2000, for a total of $1,400 due on Wesley Mews, Building 11, Unit 9. 25. On or about April 17, 2000, Defendant issued to Plaintiff, Defendant's purchase orders ##00726, 00727 and 00730 in the respective amounts of $3,000, $2,740 and $3,000 for a property located in Cumberland County, Pennsylvania, and designated as Wesley Mews, Building 11, Unit 7. Copies of said purchase orders are attached hereto as Exhibits "Q", "R" and "S" and incorporated herein by reference as though fully set forth. 26. Plaintiff performed the work on Defendant's purchase order #00726 but did not perform the remainder of the work for Wesley Mews, Building 11, Unit 7, due to Defendant's nonpayment of prior invoices. 27. Defendant has paid nothing on account of Plaintiff's invoice #A579 in the amount of $3,000 which was issued to Defendant on April 25, 2000. 28. On or about April 17, 2000, Defendant issued to Plaintiff, Defendant's purchase orders ##00728, 00729 and 00731 in the respective amounts of $3,000, $2,740 and $3,000 for a property located in Cumberland County, Pennsylvania, and designated as -7- WAYNE F. SHADE Wesley Mews, Building 11, Unit 6. Copies of said purchase orders are attached hereto as Exhibits "T", "U" and "V" and incorporated herein by reference as though fully set forth. 29. Plaintiff performed the work on Defendant's purchase order #00728 but did not perform the remainder of the work for Wesley Mews, Building 11, Unit 6, due to Defendant's nonpayment of prior invoices. 30. Defendant has paid nothing on account of Plaintiff's invoice #A598 in the amount of $3,000 which was issued to Defendant on May 4, 2000. 31. On or about April 24, 2000, April 25, 2000, and April 25, 2000, Defendant issued to Plaintiff, Defendant's purchase orders ##00869, 00874 and 00875 in the respective amounts of $2,252, $2,000 and $3,000 for a property located in Cumberland County, Pennsylvania, and designated as Dickinson Mews, Lot 61, Building 2. Copies of said purchase orders are attached hereto as Exhibits "W", "X" and "Y" and incorporated herein by reference as though fully set forth. 32. In May of 2000, Defendant orally requested Plaintiffto install an additional zone control for Dickinson Mews, Lot 61, Building 2, at a cost of $1,000. Plaintiff performed all of the work requested by Defendant with respect to Dickinson Mews, Lot 61, Building 2. -8- WAYNE F. SHADE 53 West Pomfret Str~el Carlisle, Permsylvania 33. Defendant has paid nothing on account of Plaintiff's invoice #A628 in the amount of $3,000 which was issued to Defendant on May 22, 2000, or upon Plaintiff's invoice #A815 in the amount of $5,252 which was issued to Defendant on August 29, 2000, for a total of $8,252 due on Dickinson Mews, Lot 61, Building 2. 34. On or about April 24, 2000, Defendant issued to Plaintiff, Defendant's purchase orders ##00850, 00857 and 00858 in the respective amounts of $3,000, $3,000 and $1,491 for a property located in Cumberland County, Pennsylvania, and designated as Dickinson Mews, Lot 62, Building 2. Copies of said purchase orders are attached hereto as Exhibits "Z, "AA" and "BB" and incorporated herein by reference as though fully set forth. 35. In May of 2000, Defendant orally requested Plaintiff to install an additional zone control for Dickinson Mews, Lot 62, Building 2, at a cost of$1,000. Plaintiffperformed all of the work requested by Defendant with respect to Dickinson Mews, Lot 62, Building 2. 36. Defendant has paid nothing on account of Plaintiff's invoice #A629 in the amount of $3,000 which was issued to Defendant on May 22, 2000, or upon Plaintiff's invoice -9- #A814 in the amount of $5,491 which was issued to Defendant on August 29, 2000, for a total of $8,491 due on Dickinson Mews, Lot 62, Building 2. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $37,705.25 plus interest from thirty days after the dates of the respective unpaid invoices, any attorney fees payable under the provisions of 42 Pa. C. S. §2503 and other taxable costs of suit. Wayne~F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE A~omey at Law 53 West ?omfmt Street Carlisle, Pennsylvania I, EMILY F. HOFFMAN, verify that I am the President of Hoffman Mechanical, Inc., Plaintiff herein, that I make this verification on its behalf being authorized to do so and that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: January 24, 2001 E/lilly V. Hog'n/fin ' ~ 0 WAYNE F. SHADE Attorney at Law 53 West ?orafret Street Carlisle, Permsylvania 17013 -11- Received Nov-It-99 15:14 from 2385311 ~ HOFFMAN MECNIC^L INC Page 1 11-12-199~ ~:00PM F~OM VANGUARD/GRE/CRO, WN 2385311 P. 3029 North FrOnt 8t~ Vanguard Hom~s, Inc. Lakeside Lot48 PURCHASE ORDER PURCHA$£ORDER NO,; 001~4 Data: aove~a~ I~, 1999 VENDOR: Hof£man Mechanical Inc, 851 Bower Rd. SHmrmansdale, PA 19090 Phone: (717) 582-0120 ·HIP VIA F,O.B. I REMARKS UNIT 00ST EXTENDED $3,000.00 $3,000,0~ $3,000.00 ~3,000.00 $1,325.00 Additional Oomment~2 Sub-Total * $, 325.00 Tax ' Frelght/~&H TOTAL . T~$ O~RACKNCNVLEDQED BY V~WtLL SHIP ON / / MM OD YY AUTHORIZED ~IGNAT~R ~ $%325,00. EXHIBIT "A" V~ugna~d Hor~ PURCI,.{AS.E bRDER NO.: Date: t%vembe~:' 12; [999 VENDOR: ~o~f~&n Mechanical Inc, She~manedale, gA 13090 ;;HIP VIA REMARK~ UN~ COS~ I[XTEHC~OP~¢E $3,000.00 ~3.000.00 $3,000.00 ~3,000.00 $1,325.00 $L325.00 Additional Commen~s: AUD{O~IZED ~IONATURE Sub-Total $?, 3 ,"5.00 FrelgM/6&H TgTA~, EXHIBIT "B" t,'~ 6;OOEESc;,,.'[/,., ueu~jJOH 8lB! :qo O0 I0 :::'aG TO: A'CI'N: FAX: SHIP: VANGUARD HOMES, INC. z.13 Johnson Street · Suite 210 Jenklntown, PA 19046 (215) 576-8020 or (717) 238-5220 225O8 BL · UNIT # INVOICE # INVOICE DATE MODEL:.., EXHIBIT ' "k~u-~ E'~ SO0~BSgT/. uew~,~°H C~T:SO O0 TO :::,an' Received Nov-Il-99 15:14 from 2385311 4 HOFFMAN UECN[CAL [NC Page 3 11-12-19!99 ~:O'1PH FROM VANGUARD/ORE/GROWN ~385311 . P. 3 PURCHASE ORDER Dete: V~N~ORi PURCHASE ORDER NO,: 00176 NovemBer 12, i999 Roffman Mechanical Inc. 851 Bower Rd. Shennan~dale, ~A 17090 Phone: (717) 582-0120 SHiP VIA F,O,tl, PURCHASER J DATE REQUIRED CONFIR¥1NGTO QTY, ITEM' I PART NO. I DESCRIPTION ~&~e~f. uc~ supply pAenum. ~ne chz-ee zone $3,000.00 83,000.00 $3,000,00 $~,000.00' $1,325.00 . 81,325.00 A~ltional Commen~s: THIS ORDER ACKNOW[ ~DGEO BY Sub-Total Tax Prelght/S&H TOTAL AUTHORIZED 81GNATURE 87,325.00 $7,325.00 EXHIBIT "D" z.13 Johnson Stmet · Suite ,.10 Jenkintown, PA 19046 (215) 576-8020 or (717) 238-5220 TO: ATTN: FAX: SHIP: MAIL: Show this Purchase Order Number on all correspondence, invoices, shipping papers and packages, 22507 BLDG UNIT # INVOICE # INVOICE DATE MODEL: 1. Please send copies of you,: invoice. 2. Order is to be entered in accordance with prices, delivery and specifications shown above. 3. Notify us immediately if you are unable E) ship as .specified. WHITE COPY - ORIGINAL ' CANARY COPY - PAID AUTHORIZED BY PINK COPY- RECEIPT EXHIBIT "~- Vanguard Homes lnc 30/9 North Front St~.t~t Harrisburg. PA 1';110 Phone: (717)L38-~220 SHIP TO: Fax: (7t~ll 212 Tau~o~ D~ve C&=I1Sle, ~a. 17013 The ~he = st ~PURCHASE ORDER~ PURCHASE ORDERNO.: 00383 Da~: Februa=y 16, 2000 VENDOR: ~offman Mechanical ~51 ~ower Road Shermansdale, Pa. 17090 Phone {717) 582-0120 Fax (717) ~2009 SHIP ~ DATE RH~IIREO GC~RMIN~ TO T'~a$ I TAX code $20 $3,000,00 $3,000.00 Additional Comments: AU'D40~ZED ~{GNATURE Sub-Total $:~, 000, o0 Tax FrelG~$&H 'TOTAL S3,000,O0 EXHIBIT "F" ~ *d L t ~5~E~ N~O~O/'q~dO/Q~dVrg~NVA HO~d-H kid ~*E: ,PURCHASE ORDER)) 30'29 No~h Fro~t St~ Harrisburg, PA l?lTO SHIP TO: 212 Tauton Dr~ve Ca=lisl%~ ~a, 17013 PURCHASE ORDER NO,: 00384 Da~: February 16; 2000 VENOOR: Hof£man Mechanical Inc. 851 Bower Road Shermansdal®, Pa. 17090 Phone (717) 582-0120 Fax (~17) ~2-2009 Additional Comments: AUTHORIZED 81GNATURE ~ul3-TOtal $3,000.00 T~ Freight/$&H TOTAL $3,0oo, 00 o6ed EXHIBIT "G" qVOINVHO3~ NVWJHOH ~ ttC§gCZ ae[a:it 00-zz-qo3 Vanguard Homes Harrisburg, PA ~,711~ Phone: (71-'0238-$'2:20 SHIP TO: Dickinson G~een Lo= Z6 212 Tauton Drive Carlisle~ Pa. 17013 The PURCHASE ORDER NO.: 00385 Date: February 1,6, 2000 VENDOr: ~offman Meohaaical Inc. 851 Bower Road $hermansdale, Pa.17090 Phone {717) ~82-012.0 Fax (717) ~212009 SHIP VIA KC~, DATE REQUIRED G(~I~RMING TO REMARKS unrr Co~' sx't=Hm~) PF~:'~ $475,00 $475.00 Additional Comments: SubTotal . $4~$. O0 Tax, Frelght/S&H TOTAL $ ~ ~ 5. oo AUTHO~IZIg~3 $iONAYUR~ EXHIBIT "H" ,pURCHASE ORDER 30~ ~orth l~ront Str~ H~fl~?~ PA 17110 phone, (~ ~IP TO: ~esley Hews Uni~ 5 Ex~erio~ ~n~ PURCHASE ORDER NO,: 00424 Date: February 22, 2000 VENDO;% ~offman He~hanio&l 851 ~ower Road Snermansdale, Pa. 17090 ?hone (717) 582-.0%~0 Fax (717) 582-9009 PUROHAS~R A~dl~onal Commant~: THiS ORI~RA~KN~V IV WE W~L SaP ON / /, . AUTHORIZED ~IGNATURE Sub-Total Tax Freigh~$&H TOTAL $3,000.00 $3,000.00 , EXHIBIT "I" C e6ed ]¥9INVH93~ NV~JOH e [[C§9C~ ~oJ~ ~doc:10 00-~6-qeJ poa!ooo~ PURCHASE ORDER, 3029 NotCh Front St.mt Harr~bu~g~ PA 1~110 3HIP ~: ~x: Willow . E~e~ior uni~ PURGHAS~ORDER NO.: 00425 Da~e: February 22, 2000 VENDOR: 851 Bower Road S~ermanadaAe, Pa. 17090 ~hone (717) 582-0120 Fax (717) 582-2009 PURGHAi~R DATI P,~g~JIR ~D OOflFJi~l/~NO 1'0 ] TAX 'I~EMARK$ $2,244.00 $2,144.00 Adgflflona! Comments: ORDER ACK~.M.~DOEO BY FrelghVS&H TOTAL AUTHORIZED SIGNATURE $2,~.44.00 $2,144.00 EXHIBIT "J" J efed qVOINVHO~ NV~d0H ~ t[C~gCJ ~odJ ~d0~:[0 00-~z-qa~ PURC ASEORDER PURCHASE ORDER NO.: 00i26 Date; Fe~=ua=y 22, 2000 VENDOR: ~offmaa Meohani~a~ ~C, 851 ~owe~ Phone (717) 582-0120 Fax (717) 582-2009 PURCHASER I DA:'I~ REQUIRED ¢ONFIRMINO. TO AddWonal ,Comment~: Sub-Tota! Tax Prelght~$&H ~;; ~ TOTAL $500,00 $500,00 AU?HORIZ. ED SIGNATURE e6~d EXHIBIT "K" ]VOINVHO~ NV~OH ~ LtC~SCJ mo~J n~ceived Feb-23-00 01:0gpm from 238531! -~ HOFFMAN MECHANICAL ~age 2 ~-;~-2~ 2:21P~ F'ROH VANGUA~D/GRE?~$r~OWN 2~8~11 P. 2 V~n~u~rd Home. s In¢ ,~ North Front Strtet H~rrt~burg, PA 1TIlO Ph~e~ (71~0 W~sley M~ws Building 1~ Uni~ 8 Wi 1 low 'PURCHASE ORDER PURCHASEORDER NO,.' 00427 February 22, 2000 VENDOR: Sher~nsdale, ~a. 17090 ~ho~m (~17) ~82-0120 ~a~ ~717) $82-2009 'r~RM~ [ 'TAX REMARKS Ced, a 520 UNiT 00~ (/XTEND,~D ~E $3,000,00 $3,000.00 Additional EXHIBIT "L" VANGUARD HOMES, INC. 413 Johnson Street · Suite 210 Jenkintown, PA 19046 (215) 576-8020 or (717)238-5220 TO: A'TTN: FAX: SHIP: MAIL: Show Ihis Purchase Order Number on ali correspondence, invoices, shipping papers and packages, DATE I REQUISITION NO BLDG UNIT # ' INVOICE # rJ, s-b I/k, INVOICE DATE MODEL: / 1. Please send copies of your invoice. 2. Order is to be entered in accordance with prices, delivery and specifications shown above. 3. Notify us immedialeiy if you are unable to ship as Specified. AUTHORIZED BY WHITE COPY - ORIGINAL i0 CANARY COPY- PAO PIHK COPY - RECEIPT EXHIBIT "M" ~.-1D-2Et~ 3:3~PM F~OH VANGUAFCD/GF~E/CROWN 238B311 page 2 00669 Date; A~rJ.~. 10, 2000 VENDOR: Kece~ved Apr-10-00 02:01pm from 2385311 ~ HOFFMAN MECHANICAL page 1 &-10-2~00 ~:38PM FROM VANGUA~D/GRE/CROWN 238~311 P. 1 Vanguard Itom~s Inc Hat"~?l~ PA 17110 Phon~, (71~338-$~20 $HIP ~0: Fax. (7~11 Unit 9 Sycamore Exterior unit PURCHASE ORDER PURCHASE ORDER NO.: O06?0 Deb: April 10,2000 VENDOR: Hoffman Mechanical 851 Bower Road ~he~&nsdale Pa. 17090 Phone: (717) 582-0120 Fax: (719) $~2-~009 IHIP VIA F,O,B, ] TAX REMARK~ UNITOO~T EXTENDED RRIOE $3,000.00 $3,000.00 Additional Comment~: THIS OI~R ACKNOWLEDGED BY WE WILL SH~P ON / / MM OD YY AUTHORIZED SIGNATURE T~ Fmlght/$&H TOTAL $3,000. O0 EXHIBIT "O" Vanguard Homes 3029 North ~¥o~tt Harrtsbur~ PA 171Z0 PURCHASE ORDER PURCHASE ORDER NO,: 00671 Oat~ April 10, 2000 · Received Jan-27-98 12:32am from 2385311 ~ HOFFMAN MECHANICAL page 3 4-~5-2000 10:~3AM ~RC~ VANGUARD/GRE/CROWN 238~311 30'29 Nort~ Fro~t ~sbu~ PA SHiP TO: F~. Unit 7 ~ycamore ~n~erior unit PURCHASE ORDERNO.: 00726 Dete: April 17, 2000 VENDOR: ~ Hog,man Hechanicel She~menda~e, Pa, 17090 ~ho~e: (717) 582-0120 Fax; (717} 582-2009 UNIT~? fX'i'~NDED PRICE $3,000,00 ~3,000,00 Addi~onal Comment~: AUTHOEIZED SIGNATURE Sub-Total $L000.00 Tax Frefght'S&N TOTAL $3,000.00 EXHIBIT "Q" ~-2~-2~0 10:~3AH F'R~ VANGUARO/~F~E/ORL~WN 23,9~311 P. 2 PURCHASE ORDER NO.: DS; ~ril 17, 2000 VENDOR: ~ot fm~n Hechanical Sh~r~ndal~, Pa, 17090 Fax: C717) ~82-2009 SHIP VIA F.O,L ' I'll PART NO. ] D~ORIP~ON $2,740.00 Addlflona! G~lmeMs: AUTHORIZED ~I(~NATUR I 8ul~Total Tax FreigM/$&H TOTAL ~2,740.00 EXHIBIT "R" geceived Jan-27-98 12:32am from 2385311 w HUPPMAN MECHANICAL Page 1 ~-2~-20~,E~ 1~:~AM F~OH VANGUA~D/GRE/CRQWN 23@~311 P. 1 PURC~HASE ORDER F~#~uard Horr~s Inc 3019 North.F*ro~t Str~ Harrlsbur~ pA 17110 Phoa*: (~1~20 Wesley Mew~ ~uilding 1~ Unit ? PURCHASE ORDER NO,: 00730 AFril 17, 2000' VENDOR: ~offman Heohanioal Shormand&ie, ~a. 17090 Phonel (~17) 552-0120 Fax: (717) 582-2009 PURCHASER AUTHOrIZeD Sti~S, IATURt~ 8u~T0tal ~, 000.00 TaX Frelght/$&H TOTAL ' ~3,000,00 EXHIBIT "S" Vanguard Home~ ~29 Narth Front Street l~rl~b~, PA 17110 SHIP TO: ~ ~" '; Mews I~%er£or Additional Comments: Tax Frelght/S&H TOTAL / / MM DO yY AUTHORIZED b~GNATUR~ $3,000~00 33,000,00 EXHIBIT "T" Vanguard Homes I..la~'tsbar~, PA 11110 PURCHASE ORDER NO.: 00729 Additional Comment~: Tl*f~ ORD~RACKNOWLED~,D~IY' W~l/~r t 8NIP ON Tax' · Frelgl~$&H TOTAL A~.rTHO~i;n:D SlONA'fUR~' $2,740,00 EXHIBIT "U" Received Apr-l[-00 ~/:aSam from A-]7-200~ 9:10AM FROM VANCAJARD/QRE/OROWN 2"38B311 PURCHASE ORDER. F~arris.b~rg~ PA 17110 Phone. (71~0 SHIP TO: ' Bulldin~ Un~ 6 I~terior' unit PURCHASE ORDER NO2 00731 De~e: April 17, 2000 VENDOR: Hoffma~ Mechanical B$1 Bower Koad She=mandai~, Pa, 17090 Phone: (717) 582-0120 Fax: (717} ~82-200~ Additional Oommen~: T~J~OROERACKNOW/.EDGEDSy WEW~LLSHit~ON _ / Sub-TO~l ~ ~, 000, oo Trix Fr~lght/$&H TOTAL ~, ooo. oo EXHIBIT "V" ~-1~-2~8~ ~:17P~ ~ROH VANQUARD?QRE?OROWN 238~311 P, 3 PURCHASE ORDER NO.: 0086~ April 24, 2000 .V~NDOR: go~n~ M~Cm%NICAL 851 BOWER RD. S~N~ ~E, ~A 17090 ~E 71~-582-0120 · ~ 717-582-2009 _J TAX.. . TOTAL, ~/z, ~sz. bo AUTHORIZED $1G~NATUI~ E EXHIBIT "W" Received Feb-16-98 05:40am from 2385311 ~ HOFFMAN MECHANICAL Page 2 S-1S-2800 ~:16PM FROM VANQUARD/GRE?CRQWN ~38S~11 ~. ~ PURCHASE ORDER NO,: 00874 Date: ~il 25, 2000 ~OFFM~ MgC~ICAL INC. 851 ~R RD. ~P,~I:~AN8 DALE, PA 17090 ~HONB ?[7-582-0120 SubTolal TOTAL ~2,000.00 EXHIBIT "X" EXHIBIT "Y" Vanguard Homes 30'/9 No~ Fro~ S~g~ei ][larrlsim~g, PA 17110 Fuoue: ~1~5~0 SHIP ~: F~ ~1~11 DICKINSON ~S LOT 62 ' BLDG 2 THE CLO~R ~TERIOR ~IT PURCHASE OR6ER -' PURCHASE ORDER NO.: 00850 Date: April 24, 2000 VENDOR: EOFFMAN MECHANICAL INC. 851 BOWER RD. SHERMANS DALE, PA 17090 PHONE 717-582-0120 FAX 717-582-2009 SHIP VIA F.O.B. YOUR TRUCt( PURCHASER ~ DATE REQUIRED CONFIRMING TO PAUL I CONP~R~ WITH SUPER. PAUL QTY. ITEM I PART NO. I DESCRIPllON TER~S REMARKS CODE 520 UNIT $3,000.00 TAX EX1~HDEDP~CE $3,000.00 Addilional Comments: Sub-Total Tax Freight~S~ &H TOTAL $3,000.00 $3,000.00 AUTHORIZED SIGNATURE EXHIBIT "Z" V~ngu;~rd Homes 3029 North Front Street Harrisburg, PA 17110 t~oae: U17)Z:~522O SHIP TO: DICKINSON MEWS LOT 62 ' BLDG 2 THE CLOVER EXTERIOR UNIT PURCHASE ORDER PURCHASE ORDER NO.: 00857 D~e: April 24, 2000 VENDOR: HOFFMAN MECHANICAL INC. 851 BOWER RD. SHERMANS DALE, PA 17090 PHONE 717-582-0120 FAX 717-582-2009 PURCHASER SHIP VIA F.O.B, yOUR TRUCK DATE REQUIRE~ CONFIRMING TO [tlEM I PART NO. I DESCRtP'RON REMARKS CODE 521 UNtT~O~T $3,000.00 EXTENDED PRICE $3,000.00 Additional Comme,~;.-: AUTHORIZED SIGNATURE Sub-Total Tax Freightf.~&H TOTAL $3,000.00 $3,000.00 EXHIBIT "AA" Va~:guard Homes 302~ North Front SCre~ Har~slmrg, PA ~o~ ~I~5220 SHIP ~: ~ ~1~11 DICKINSON MEWS LOT 62 BLDG 2 THE CLOVER EXTERIOR UNIT PURCHASE OR6ER PURCHASE ORDER NO.: 00858 Date: April 24, 2000 VENDOR: HOFFMAN MECHANICAL INC. 851 BOWER RD. SHERMANS DALE, PA 17090 PHONE 717-582-0120 FAX 717-582-2009 PURCHASER PAUL SHIP VIA F.O.B. yOUR TRUCK I DA"~ REQUIRED CONFIRI~NG TO CONFIRM WITH SUF~R. PAUL iTEM I PART NO, I DESCR]P'flON LAnOR AND MATERIAL ~OR FINAL R.V.A.C. INSTALLATION. PRICE INCLUDES STArT-UP. REMARKS CODE 522 UNIT CO~T $1,491.00 TAX EXTENDED PRICE $1, 491.00 Additional Comments: AUTHORIZED SIGNATURE Sub-Tolal Tax Freight/S&H TOTAL $1,491.00 $1,491.00 EXHIBIT "BB" SHERIFF'S RETURN - CASE NO: 2001-00519 P COMMONWEALTH OF PENMSYLV~NIA: COUNTY OF CUMBERLAND HOFFMAN MECHANICAL VS VANGUARD HOMES INC OUT OF COUNTY Thomas Kline says, that he made a diligent to wit: Sheriff or Deputy Sheriff who being search and duly sworn according to law, and inquiry for the within named DEFENDANT VANGUARD HOMES INC but was unable to locate Them in his deputized the sheriff of serve the within COMPLAINT & NOTICE bailiwick. He therefore County, Pennsylvania, to On February 13th , 2001 attached return from Sheriff's Costs: Docketing Out of County Surcharge DAUPHIN COUNTY 18.00 9.00 10.00 25.50 .00 62.50 02/13/2001 WAYNB SHADE Sworn and subscribed to before me this ~0~ day of ~ I A.D. Prothonotary this office was in receipt of the Sheriff of Cumberland County Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County. Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: February 9, 2001 at NOTICE & COMPLAINT IN CIVIL ACTION VANGUARD HOMES INC to EDWIN GLASGOW, PRESIDENT of the original NOTICE & COMPLAINT IN CIVIL ACTION to him/her the contents thereof at 3029 N. FRONT ST. HBG, PA 17110-0000 : HOFF~_AN MECHANICAL INC : VANGUARD HOMES INC Sheriff's Return No. 0318-T - - -2001 OTHER COUNTY NO. 01-519 2:45PM served the within upon by personally handing 1 true attested copy(les) and making known Sworn and subscribed to before me this 9TH day of FEBRUARY, PROTHONOTARY 2001 So Answers, Sheriff of Dauphin County, P~. Deputy Sheriff Sheriff's Costs: $25.50 PD 02/06/2001 RCPT NO 146053 HOPKINS 5~ The Court of Common Pleas of Cumberland County,~ vennsylvama' Hoffman Mechanical, Inc. VanGuard Homes, Inc. No. 01-519 Civil Now, 1/29/01 ,20 IP ~, I, SHERIFF OF CUMBERLAND COI7/',TTY, PA, do hereby deputize the Sheriffof Dauphin Count~ to execute flais Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Count'y, PA within upon at by handing to and made lmown to Affidavit of Service ,20 ., at o'clock copy of the original So answers, M. served the the contems thereof. Sworn mhd subscribed before me this __ day of ,2O Sheriff of COSTS SERYqCE MILEAGE AFFIDAVIT Connty, PA HOFFMANMECHANICAL, INC., Plaintiff VANGUARD HOMES, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - I.~W : NO. 01-519 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE Dear Sir/Madam: Kindly enter the appearance of the undersigned on behalf of the Defendant, Vanguard Homes, Inc. Dated: Respectfully submitted, CLECKNER AND FEAREN Dennis J. Shatto, Esquire PA Attorney No.: 25675 111 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 I, DENNIS J. I served a true and correct Entry of Appearance upon depositing the same in the addressed as follows: SHATTO, Esquire, hereby certify that on this day, copy of the foregoing Praecipe for the person(s) indicated below, by United States mail, postage prepaid, Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Date: CLECKNER ~ FE~LREN By Dennis J. Shatto, Esquire P O Box 11847 111 Locust Street Harrisburg, PA 17108-1846 (717) 238-1731 HOFFMANMECHANICAL, INC., : Plaintiff : VS. : VANGUARD HOMES, INC., : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-519 CIVIL TERM DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT Pursuant to Pa.R.C.P. and through its attorneys, following Preliminary Objections to the Complaint: 1017(a) and 1028(a), the Defendant, by Cleckner and Fearen, hereby files the 1. Failure to conform to law or rule of court {Pa.R.C.P. 1028(a) (2)): a. Pa.R.C.P. 1019(h) requires that when a claim is based upon an agreement, the pleading shall state specifically if the agreement is oral or written. It is not clear from the Complaint whether Plaintiff is contending that the purchase orders attached as Exhibits A through BB constitute written agreementg upon which the claim is based, or whether the invoices, which are not attached, constitute agreements upon which the claim is based, or whether the claim is based entirely upon oral agreements. Pa.R.C.P. 1019(i) requires that when a claim is based upon a writing, the pleader shall attach a copy of the writing. It appears that the claim is based upon the alleged failure by Defendant to pay various invoices issued o by Plaintiff. While the invoices are referred to in the Complaint by invoice number, none of them is attached to the Complaint. Insufficient specificity (Pa.R.C.P. 1028(a) (3)) : a. The Complaint does not specifically indicate whether or not each claim is based upon an oral or written agreement. b. While Plaintiff repeatedly refers to purchase orders which are attached to the Complaint as exhibits, the claim appears to be based upon the Defendant's failure to pay invoices which are not attached to the Complaint as exhibits. The allegedly unpaid invoices are not specifically tied to particular purchase orders. WHEREFORE, Defendant requests that the Complaint be dismissed, or that Plaintiff be ordered to file an amended complaint° Dated: Respectfully submitted, CLECKN~ By / DSNNIS G. SItATTO, ESQHIRE PA Attorney ID #25675 111 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 Attorneys for Defendant CERTIFICATE OF SERVICE I, DENNIS J. SI{ATTO, ESQUIRE, hereby certify that I have this day served a true and correct copy of the foregoing Defendant's Preliminary Objections to Complaint upon the person(s) indicated below, by depositing same in the United States mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Date: CLECKNER AND FEAREN P.O. Box 11847 111 LOCUSt Street Harrisburg, PA 17108-1847 (717) 238-1731 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. HOFFMAN MECHANICAL, INC., Plaintiff VANGUARD HOMES, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-519 CIVIL TERM : : 1. The matter to be argued is Defendant's Preliminary Objections. 2. The following counsel will argue the case for the indicated parties: (a) Wayne F. Shade, Esquire, for Plaintiff, 53 West Pomfret Street, Carlisle, Pennsylvania 17013. (b) Dennis J. Shatto, Esquire, Cleckner & Fearen, for Defendant, 111 Locust Street, Harrisburg, Pennsylvania 17101. 3. All parties will be notified in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 23, 2001. Date: March 29, 2001 Wayne/.~Shade; E-squire Attorney for Plaintiff HOFFMANMECHANICAL, INC. Plaintiff VA/~GUARD HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-519 CIVIL TERM DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS I. Statement of Procedural History On or about January 25, 2001, Plaintiff filed a complaint against Defendant, seeking damages in the amount of $37,705.25, and alleging in support thereof, that Defendant failed to pay various invoices for work and materials provided by Plaintiff. On February 20, 2001, the undersigned entered an appearance on behalf of Defendant, and filed preliminary objections to the complaint on March 12, 2001. Those objections are currently before Your Honorable Court for disposition. II~ Statement of Facts Plaintiff alleges that pursuant to a course of dealing, Plaintiff provided labor, equipment and materials in the installation of heating, ventilation and air conditioning systems in various residential dwelling units constructed by Defendant in Cumberland and Dauphin Counties. (Complaint, ¶3). Plaintiff alleges that the work was initiated by purchase orders faxed by Defendant to Plaintiff (Complaint, ¶5), and copies of numerous purchase orders are attached to the Complaint as exhibits. Plaintiff contends that various invoices issued by Plaintiff to Defendant were either not paid in full, or not paid at all (see for example, Complaint, paragraphs 7, 14 and 18). Plaintiff does not plead that there was a contract between the parties, or consequently, whether any such contract was oral or written. The allegedly unpaid invoices are not specifically tied to the purchase orders which are attached to the Complaint as exhibits. III. Statement of Issue Presented Should the complaint be dismissed, or alternatively should the plaintiff be ordered to file a more specific complaint, where ~he complaint fails to specifically plead whether the agreement upon which it is based is oral or written, and where the invoices upon which the claim is apparently based are not attached as exhibits? IV. Discussion Preliminary objections are authorized by Pa. R.C.P. 1017(a) and 1028(a) o Grounds for preliminary objections include failure of a pleading to conform to law or rule of court, and insufficient specificity in a pleading. Pa. R.C.P. 1028(a) (2), (3). Defendant contends that the pleading fails to conform to law or rule of court because it does not comply with Pa. R.C.P. 1019(h), which provides that "when any claim or defense is based upon an agreement, the pleadin~ shall state specifically if the agreement is oral or written." The Complaint does not indicate - 2 - whether or not the cause of action is based upon an agreement. Paragraph 3 of the Complaint alleges a "course of dealing" between the parties, but does not indicate whether the "course of dealing" is based upon a writing. Because Plaintiff does not allege quasi- contract or unjust enrichment, it would appear that the claim is based upon an agreement. However, the Complaint does not specifically indicate whether the agreement is oral or written. Various purchase orders are attached as exhibits. Most of them, however, were not signed by or on behalf of Defendant. If it is Plaintiff's contention that the purchase orders constitute written agreements, then Plaintiff should required by Rule 1019(h). Since the damages claim appears specifically so plead, as to be based upon failure of Defendant to pay invoices, Plaintiff may be contending that the invoices constitute a written agreement. It should be noted that the invoice numbers provided in the Complaint were not specifically tied to the purchase order numbers. See, for instance, paragraphs 17 and 18 of the Complaint. In some cases, Plaintiff pleads that Defendant paid amounts toward "purchase orders," but unpaid amounts refer to invoices, and not to purchase orders. If a pleading is silent as to whether or not an agreement is oral or written, there is an inference that the agreement is oral. 4 Standard Pa. Practice Second, ~21:66; Denlinger, /nc. v. Agresta, 714 A.2d 1048 (Pa. Superior Ct. 1998); but see Chesla v. Shoyer, 68 D. & C. 345 (Schuylkill Co. 1949), where the court held that - 3 create an Accordingly, that effect. plaintiff must plead whether or not the contract was based upon a writing, even though the allegations were silent. However, if the facts create an inference that there is a written agreement, then the pleading must specifically assert whether the agreement is oral or written. Goodrich-Amram 2d, Vol.2, section 1019(h) :3. Defendant contends that read as a whole, the facts in the Complaint inference that there is a written a~reement. the Complaint should contain a specific averment to Pa. R.C.P. 1019(i) (previously 1019(h)) requires that when a claim is based upon a writing, the pleader shall attach a copy of the writing. Where a cause of action is based upon a written agreement, a copy must be attached to the complaint. Jost v. Phoenixville Area School District, 267 Pa. Superior Ct. 461, 406 A.2d 1133 (1979). Since it appears that the claim may be based upon Defendant's alleged failure to pay invoices, and the invoices are not specifically tied to the purchase orders, the invoices should be attached to the Complaint as exhibits. Defendant acknowledges that in Hempt Bros., Inc. v. Larkin, 47 Cumb. L.J. 236 (1998), Your Honorable Court held that invoices are evidence, and need not be made part of the complaint. Defendant contends that Hempt Bros., Inc., is distinguishable. First, that case involved Pa. R.C.P. 1019(h) now 1019(i) apparently before the revisions to current 1019(h). Second, the reasoning of the Court was that the invoices did not actually - 4 create the obligation which was allegedly breached. In the instant case, however, it is not clear which document, if any, created the the invoices appear to be relied upon for that obligation, and purpose. Defendant contends, alternatively, that the Complaint is insufficiently specific. Pa. R.C.P. 1028(a} (3). The Complaint does not indicate whether or not each claim is based upon the "course of dealing" referred to in paragraph 3 of the Complaint, whether the "course of dealing" is oral or written, or if the claims are based upon another agreement, whether or not that agreement is oral or written. The damages claim is based upon Defendant's alleged failure to pay the amounts reflected upon certain invoices. Since the invoices reflect different amounts than the purchase orders, and are not specifically tied to the purchase orders by averments in the Complaint, the invoices must be attached or Plaintiff should be directed to more specifically plead its cause of action. The court in Commonwealth, Department of Transportation v. Lishon, 46 Commwlth. Ct. 90, 405 A.2d 1128 (1979), stated as follows at 405 A.2d 1131: Pa.R.C.P. No. 1019(h)~ requires the pleading to state specifically whether any claim set forth therein is based upon a writing and, if so, that a copy of the writing be attached. The complaint here is susceptible of a reading that the claim was based on an oral understanding or an oral understanding confirmed by letters or on a writing- the attached letters. The court below believed the claim ~Pa.R.C.P. No. 1019(h) is now found at No. 1019(i). - 5 was based on a writing. In their brief, the appellees say that the claim is based on inducement by "action, conduct and written agreement." The complaint clearly lacks specificity with respect to the form of the agreement. Based upon the foregoing, it is respectfully requested that the Complaint be dismissed, or that Plaintiff be ordered to file a more specific complaint. Dated: Respectfully submitted, By De~i S j~. ~ha~Jy~squi r e PA Attorney Id. #25675 111 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 (717)238-1731 Attorneys for Defendant CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, hereby certify that I served a true and correct copy of the foregoing document upon the person(s) indicated below, by depositing same in the United States mail, postage prepaid ~rrisburg, Dauphin County, Pennsylvania, this /6~ day of //v~ , 2001. Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 CLECKNER ~ FEAREN Dennis J. Shatto, Esquire PA Attorney ID #25675 111 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717)238-1731 HOFFMAN MECHANICAL, 1NC., : Plaintiff : VS. VANGUARD HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0519 CIVIL CIVIL ACTION - LAW IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT BEFORE BAYLEY AND HESS, J.J. ORDER AND NOW, this t ~/* day of June, 2001, the matter having been submitted on briefs and following careful consideration thereof, the preliminary objections of the defendant are DENIED. Wayne F. Shade, Esquire For the Plaintiff BY THE COURT, Kevin~ess, J.~ Dennis J. Shatto, Esquire For the Defendant :rim HOFFMANMECHA_NICAL, INC., Plaintiff vs. VANGUARD HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CU~YBERLAi~D COUNTY, PEITNSYLVANIA CIVIL ACTION - LAW NO. 01-519 CIVIL TERM ANSWER TO COMPLAINT 1. Admitted. 2. Admitted. 3. Denied. It is denied that Defendant initiated a course of dealing with the Plaintiff. On the contrary, Plaintiff initiated a course of dealing with the Defendant. 4. Admitted in part and denied in part. It is admitted that the equipment and materials provided were generally satisfactory, and that the labor was generally performed in a good and workmanlike manner. As more fully indicated in these answers, however, not all of the work was properly authorized. 5. Admitted in part and denied in part. It is admitted that the purchase orders were generally delivered to Plaintiff by facsimile transmission. The remaining averments are denied on the basis that after investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded. 6. Admitted. 7. Admitted in part and denied in part. admitted, The amounts are but the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. 8-10. Admitted. 11. Admitted in part and denied in part. The amounts are admitted, but the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. 12-13. Admitted. 14. Admitted in part and denied in part. The amounts are admitted, but the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. 15. Admitted. 16. Admitted in part and denied in part, The amounts are admitted, but the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. 17. Admitted. 18. Admitted in part and denied in part. The amounts are admitted, but the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without 2 - knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. 19. Admitted. 20. Admitted in part and denied in part. The amounts are admitted, but the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. 21. Admitted. 22. Admitted in part and denied in part. The amounts are admitted, but the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. 23. Admitted, but authorized. 24. Denied, on the $1,000.00 of the work was not properly basis that Defendant believes the total due is $400.00. Moreover, the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. 25. Admitted. 26. Admitted in part and denied in part. It is admitted the Plaintiff performed the work on purchase order no. 726, but did not perform the remainder of the work. The reason for nonperformance - 3 is denied Defendant belief as 27. on the basis that after reasonable investigation, is without knowledge or information sufficient to form a to the truth of averment, and proof is demanded. Admitted in part and denied in part. The amounts are admitted, but the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. 28. Admitted. 29. Admitted in part and denied in part. It is admitted the Plaintiff performed the work on purchase order no. 726, but did not perform the remainder of the work. The reason for nonperformance is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of averment, and proof is demanded. 30. Admitted in part and denied in part. The amounts are admitted, but the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. 31. Admitted. 32. Denied. The work described was not properly authorized by Defendant. - 4 33. Denied, on the basis that the sum due is $7,252.00. Moreover, the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. 34. Admitted. 35. Denied. The work described was not properly authorized by Defendant. 36. Denied, on the basis that the sum due is $7,491.00. Moreover, the date of issuance of the invoice is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded. WHEREFORE, Defendant demands judgment in its favor and against Plaintiff. Respectfully submitted, PA Attorney ID #25675 111 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717)238-1731 - 5 - VERIFICATION I, EDWIN L. GLASGOW, President of Vanguard Homes, Inc., hereby verify and state that to the extent the foregoing Answer to Complaint contains facts supplied by me, they are true and correct to the best of my knowledge, information and belief; however, to the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I verify that I am authorized to make this Verification on behalf of Vanguard Homes, Inc. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, hereby certify that I served a true and correct copy of the foregoing document upon the person(s) indicated below, by depositin~ same in the United States mail, postage prepaid at Harrisburg, Dauphin County, Pennsylvania, day of 2001. Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 CLECKNER AND FEAREN PA Attorney ID #25675 115 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court (X) for trial without a jury CAPTION OF CASE (Entire caption must be stated in full) (check one) HOFFMAN MECHANICAL, INC., Plaintiff VANGUARD HOMES, INC., Defendant (X) Assumpsit ( ) Trespass ( ) Trespass (Motor Vehicle) () (other) (The party listing this case for trial shall provide forthwith a copy of the pmecipe to all counsel, pursuant to local Rule 214-1. No. 01-519 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Wayne F. Shade, Esqutre. Indicate trial counsel for other parties if known: Dennis J. Shatto, Esquire This case is ready for trial, Date: July 11, 2001 Wayne ~ h, h~adeade Attorney for Plaintiff HOFFMAN MECHANICAL, INC., : Plaimiff : VS. VANGUARD HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01 ~0519 CIVIL CIVIL ACTION - LAW IN RE: NONJURY TRIAL ORDER AND NOW, this 2 ¥ ' day of July, 2001, a pretrial conference in the above captioned matter is set for Monday, August 20, 2001, at 9:00 a.m. in the Chambers of the undersigned. BY THE COURT, Wayne F. Shade, Esquire For the Plaintiff ess, J. Dennis J. Shatto, Esquire For the Defendant Court Administrator :dm HOFFMAN MECHANICAL, 1NC., Plaintiff VANGUARD HOMES, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-519 CIVIL TERM PRAECIPE TO SETTLE AND DISCONTINUE TO: Curtis R. Long, Prothonotary Please mark the docket in the above matter "Settled, Discontinued, Ended and Dismissed with Prejudice". Date: July 31, 2001 Wayn~de, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SlqADE A~mey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013