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11-4299
f M r I ?ci IF LE- D-0 r It, C_ r P iD TH?11: T H r` 211111 DEC 16 PM 12: 31" John D. Sheridan, Esq. Jeni S. Madden, Esq. PA ID Nos. 82275 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 isheridan&ssbc-law.com j maddenkssbc-law. com Attorneys for Plaintiff CUMBERLAND GOUIi- 'l PENNSYLVANIA E & N, LLC., Plaintiffs V. MJ ENTERPRISES OF PENNSYLVANIA, LLC, Defendant IN THE COUHX OF COMMON FLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 11-4299 : CIVIL ACTION - IN LAW STIPULATION TO AMEND COMPLAINT 1. On or about May 11, 2011, Plaintiff E&N, LLC filed a Complaint in the above-referenced matter, stating a breach of contract claim against Defendant MJ Enterprises of Pennsylvania, LLC. 2. Plaintiff's counsel's has recently become aware that that Plaintiff E&N, LLC was acting through an agent during facts alleged in the Complaint. 3. It is believed that the agent working on Plaintiff's behalf, Tower 16, Inc., is a necessary party to this matter. 4. The parties and their counsel now agree that Plaintiffs counsel shall file an Amended Complaint, which shall name Tower 16, Inc. as a co-plaintiff and further set forth the facts relating to Tower 16. Inc.'s involvement in this matter. SERRATELLI, SCHIFFMAN & BROWN, P.C. Date: Date: J--t a,, h&I D. Sheridan, Esquire P . Attorney I.D. No. 82275 Jeni S. Madden, Esquire Pa. Attorney I.D. No. 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff ha-- &or. 6 p Douglas C. Lovelace, Jr., Esquire Pa. Attorney I.D. No. 83889 36 Donegal Drive Carlisle, Pennsylvania 17013 Attorney for Defendant John D. Sheridan, Esq. Jeni S. Madden, Esq. PA ID Nos. 82275 & 20953 SERRATELLI, SCHIFFMAN, & 2080 Linglestown Road, Su' Harrisburg, PA 17110-967 (717) 540-9170 )sheridan a,ssbc-law.com j maddenkssbc-law.com Attorneys for Plaintiff FILED-OFFia GJ THE PRQ NCB BAR; 20'' DEC 22 Ply 3: 53 CUGOvNrY PENNSYLVANIA P.C. 201 E & N, LLC., Plaintiffs V. MJ ENTERPRISES OF PENNSYLVANIA, LLC, Defendant AND NOW of the Stipulation to Amen Stipulation to Amend Com? said Stipulation are hereby ?i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 11-4299 CIVIL ACTION - IN LAW ORDER THIS day of , 2011, upon consideration Complaint, it is hereby ORDERED and DECREED that the is hereby APPROVED and the terms and conditions set forth in herein by reference ouRT: J. Teti ? madden. ?? 1? o la s e- toce&cc C©p;es n4a.ltod /a-/ -1 L s. e? - 3 f i f E & N, LLC and TOWER 16, INC. Plaintiffs _ C7 V. (_- r --4 CIVIL ACTION - IN LAW ,03 c` MJ ENTERPRISES OF ?r-- PENNSYLVANIA, LLC, ?„? ?° v --to Defendant °-n :rb r NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing 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 Plaintiffs. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 11-4299 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 I AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 John D. Sheridan, Esq. Jeni S. Madden, Esq. PA ID Nos. 82275 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 jsheridana,ssbc-law.com imadden ®,ssbc-law.com Attorneys for Plaintiff E & N, LLC and TOWER 16, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs DOCKET NO: 11-4299 V. CIVIL ACTION - IN LAW MJ ENTERPRISES OF PENNSYLVANIA, LLC, Defendant AMENDED COMPLAINT AND NOW, comes Plaintiffs, E & N, LLC and Tower 16, Inc., by and through their counsel, Serratelli, Schiffman, & Brown, P.C., and files their Amended Complaint against Defendant, MJ Enterprises of Pennsylvania, LLC, and in support thereof aver as follows: The Parties 1. Plaintiff E & N, LLC (hereinafter "Plaintiff E & N") is a Maryland Limited Liability Company having a principal place of business located at 415A Pulaski Highway, Joppa, Maryland 21085. 2. Plaintiff Tower 16, Inc. (hereinafter "Plaintiff Tower 16") is a Maryland corporation having a principal place of business located at 415A Pulaski Highway, Joppa, Maryland 21085. Plaintiff E & N and Plaintiff Tower 16 are hereinafter referred to collectively as the "Plaintiffs." 3. Defendant MJ Enterprises of Pennsylvania, LLC (hereinafter "Defendant") is a Pennsylvania limited liability company with a principal place of business located at 31 N. Corporation Street, Newville, Pennsylvania 17241. Background 4. Paragraphs 1 and 3 are incorporated by reference as if fully set forth herein. 5. Plaintiff E&N is the owner of real property known as 657 Forge Road, Carlisle, Pennsylvania ("the Property"). 6. At all times relevant to this Amended Complaint, Plaintiff Tower 16 acted as an agent for and on behalf of Plaintiff E&N. 7. On or about August 19, 2010, Plaintiff Tower 16 and Defendant entered into an oral agreement, whereby Defendant agreed to provide various services at the Property in exchange for payment by Plaintiffs ("the Agreement"). The Agreement was memorialized in a series of emails between Plaintiff Tower 16 and Defendant, true and correct copies of which are attached hereto as Exhibit "A." 8. Pursuant to the Agreement, Defendant agreed to provide roofing and siding at the Property for $32,000.00 and clean-up services at the Property for $1,500.00, for a total contract price of $33,500.00. See Exhibit "A." 9. Pursuant to the Agreement, on or about August 23, 2010, Plaintiffs paid Defendant the sum of $11,500.00. Pursuant to the Agreement, $1,500.00 was to be used for the clean-up services at the Property and the remaining $10,000.00 was to be used as a deposit towards the roofing and siding services and which were to commence once clean-up was completed ("the Deposit"). See Exhibit "A." 10. As of the date of this Complaint, Defendant has completed the clean-up services at the Property. However, Defendant has failed to commence the roofing and siding work at the Property. 11. Despite repeated demands, Defendant has failed and refused to return to Plaintiffs the $10,000.00 Deposit for the roofing and siding services which Defendant has failed to perform. 12. By letter dated December 3, 2010, counsel for Plaintiffs requested the return of the $10,000.00 Deposit from Defendant. A true and correct copy of said letter is attached hereto as Exhibit "B". Despite said demand, Defendant has failed to return the Deposit to Plaintiffs. COUNT I - BREACH OF CONTRACT 13. Paragraphs 1 through 12 are incorporated by reference as if fully set forth herein. 14. Plaintiffs have completely fulfilled all of their obligations pursuant to the Agreement. 15. In so much as Defendant has failed to perform as required by the Agreement, Defendant has a contractual obligation to return the Deposit to Plaintiffs. 16. Defendant's aforementioned failure to return the Deposit constitutes a breach of contract in which Plaintiffs were damaged in the total amount of $10,000.00. WHEREFORE, Plaintiffs respectfully requests that this Honorable Court enter judgment in its favor and against Defendant in the amount of $10,000.00, and further award Plaintiff all such other relief as is proper and just. Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN P. C. Date: /Wi -2 2. Jo D. Sheridan, Esquire J i S. Madden, Esquire PA ID Nos. 82275 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 VERIFICATION 1, Edward Humes, being subject to the penalties of 18 Pa. C.S.§4904 relating to unworn falsification to authorities, that I am an authorized representative of E & N, LLC, and I hereby state that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledee. information and belief. E&N, LLC Edward Humes CERTIFICATE OF SERVICE I, Jeni S. Madden, Esquire, do hereby certify that on this 6t' day of January, 2012, 1 served a copy of the foregoing Plaintiff's Amended Complaint by United States Mail, postage prepaid, to the following person(s): Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive a c=? -n Carlisle, Pennsylvania 17013 -03 ^a =-n Attorney for Defendant W z L- rn r - c„r am a a rte-' z =-° y° WO n C:)-n G a C-- -_ --4 w p r ni S. Madden, Esquire Richard Weaver From: Maura Jenkins [mjenkins@mjenterprisesofpa.com] Sent: Thursday, August 19, 2010 4:13 PM To: Richard Weaver Subject: RE: forge rd property OK. If you are able to commit to us getting a check Monday (maybe meeting you at the site?) - I'll get everything cleaned up by then. Can u meet me at forge rd Monday? WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins MJ Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 -----Original Message----- From: Richard Weaver [mailto:rweaver@towerl6.com] Sent: Thursday, August 19, 2010 3:50 PM To: Maura Jenkins Subject: Re: forge rd property Probally Monday I won't be around this weekend ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:45:00 2010 Subject: Re: forge rd property Awesome. Can we perhaps get a check Saturday aftr cleanup? We'll order metal-probably 2-3 wks delivery time ...and get u started ion roof and siding second week in september (or sooner if material comes in. Sent on the Sprint® Now Network from my BlackBerry® -----Original Message----- From: Richard Weaver <rweaver@towerl6.com> Date: Thu, 19 Aug 2010 15:43:09 To: 'mjenkins@mienterprisesofpa.com'<mjenkins@mjenterprisesofpa.com> Subject: Re: forge rd property Yes just the skimming deal ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:39:26 2010 Subject: Re: forge rd property If u r talking about skimming hardened tar off top we will do that. We are not going to get in to back hoeing or digging down deep ...we'll take surface tar off and lay stone. The latter is consider environmental cleanup. We don't have a backhoe to do anything more than skim off top. Sent on the Sprint® Now Network from my B1ackBerry® -----Original Message----- From: Richard Weaver <rweaver@towerl6.com> Date: Thu, 19 Aug 2010 15:36:08 To: 'mjenkins@mjenterprisesofpa.com'<mjenkins@mjenterprisesofpa.com> Subject: Re: forge rd property No problem, but make sure she digs all of the contaminated soil out and covers up all areas with clean stone. From Ed ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:22:04 2010 Subject: RE: forge rd property Can we increase downpayment upon cleanup of yard to 35% - to cover cost of disposing as well as purchasing materials? WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins MI Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 -----Original Message----- From: Richard Weaver [mailto:rweaver@towerl6.com] Sent: Thursday, August 19, 2010 3:18 PM To: Maura Jenkins Subject: Re: forge rd property 33,500.00 does that work to get rid of Barrells/cans and Dumpster? Install Roof and siding? ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:06:09 2010 Subject: Re: forge rd property I'm trying to see now if lay will allow me to take barrels and cans to his property. If not, I'd still ask if you would pay for disposal. 2 Sent on the Sprint® Now Network from my B1ackBerry® -----Original Message----- From: Richard Weaver <rweaver@towerl6.com> Date: Thu, 19 Aug 2010 14:52:58 To: 'mjenkins@mjenterprisesofpa.com'<mjenkins@mjenterprisesofpa.com> Subject: Re: forge rd property I will clean up the wood and other foam. Can we make that work? Also if you want to dump that Pea gravel that's good ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 14:46:22 2010 Subject: RE: forge rd property Rich: One question. I can remove all of the cans/drums... however, if we cut our price to match your `average' of estimates you received for roofing/siding - that leaves me 1) with a reduced quote and 2) responsible for the cost of disposing of the cans/drums. Realistically if you go with a lower quote from someone else, that leaves you to clean up the yard - which...if you have someone else do it - will come in as `environmental cleanup' specialists and charge you a fortune. I can have the guys come in and clean up - we actually have extra X" pea stone from our Newville Elementary job (it's yellowish though) - and take away cans and drums -but it sounds like you are asking me to clean up wood and other stuff too? Where is the benefit to MJE? Materials are costing us almost $15k to do the roof, payroll for the guys may be 40% - we probably will not be operating at any profit - then-on top of that, we have to pay the guys to clean up (which I was willing to suck up) - AND pay to have the materials disposed of ($200 to $500 per drum depending on what is in them ...and there may be up to 10-12 drums?). If you kick in payment to dispose of the drums after we clean up and remove (this would be paid to us out of the reserve fund that was put aside at settlement. Again, I'm not even going to charge you manhours to clean up and remove - only disposal charge) - I can quote you $32k for roof and siding, and removal of SPECIFIED materials in the yard..(i.e. I know I'm doing cans and drums and dumpster...but the rest-.wood pile, etc-..would have to be specific. Again, I'm not really operating at a profit for the roof, but I'd like to have the job, and I do want to do right by your company on Jay's behalf... because I was `part' of Jay for a while, and we both committed to this, regardless of his departure. I've been advised this is not my responsibility - but I am agreeing to do a job at no profit, plus clean up your yard at no cost to you.-and am asking only that you pay the disposal feel of the cans and drums. We need to know today - as I need to make arrangements to have the rest of the stone we'd need included in a load coming our way on Friday.... 3 Maura WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins MI Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 From: Richard Weaver [mailto:rweaver@towerl6.com] Sent: Thursday, August 19, 2010 2:01 PM To: Maura Jenkins Cc: Ed Humes; Scott Rudolph Subject: forge rd property Maura I spoke with my owner Ed and this is what we came up with. We have several roof and siding quotes and averaged them out to $32,000.00 (some are cheaper) for installing metal roof to match the house up front and siding? If you can revise your quotes to total $32,000 we wanted to give you the opportunity to do the work? However there are a few stipulations that are involved. Before any construction starts we need to have the yard cleaned-up; all the drums, cans and other misc. materials removed including dumpster!! Remove the stones/dirt that is contaminated from the cans/dumpster and replace with new stones. After that is complete he will cut you a 20% draw for the construction. The balance of the contract will be paid the day you finish the work and I approve it. Thanks and talk to you soon. Rich Weaver Project Manager 4 (M)240-674-1889 (0)410-679-9916 Richard Weaver From: Maura Jenkins [mjenkins@mjenterprisesofpa.com] Sent: Thursday, August 19, 2010 3:43 PM To: Richard Weaver Subject: Re: forge rd property We can do removal saturday. Ill call interstate and ask them if they can pick up dumpster tomorrow. Sent on the Sprint® Now Network from my B1ackBerry® -----Original Message----- From: Richard Weaver <rweaver@towerl6.com> Date: Thu, 19 Aug 2010 15:36:08 To: 'mjenkins@mjenterprisesofpa.com'<mjenkins@mjenterprisesofpa.com> Subject: Re: forge rd property No problem, but make sure she digs all of the contaminated soil out and covers up all areas with clean stone. From Ed ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:22:04 2010 Subject: RE: forge rd property Can we increase downpayment upon cleanup of yard to 35% - to cover cost of disposing as well as purchasing materials? WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins MI Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 -----original Message----- From: Richard Weaver [mailto:rweaver@towerl6.com] Sent: Thursday, August 19, 2010 3:18 PM To: Maura Jenkins Subject: Re: forge rd property 33,500.00 does that work to get rid of Barrells/cans and Dumpster? Install Roof and siding? ----- original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver 1 Sent: Thu Aug 19 15:06:09 2010 Subject: Re: forge rd property I'm trying to see now if Jay will allow me to take barrels and cans to his property. If not, I'd still ask if you would pay for disposal. Sent on the Sprints Now Network from my BlackBerrye -----Original Message----- From: Richard Weaver <rweaver@towerl6.com> Date: Thu, 19 Aug 2010 14:52:58 To: 'mjenkins@mjenterprisesofpa.com'<mjenkins@mjenterprisesofpa.com> Subject: Re: forge rd property I will clean up the wood and other foam. Can we make that work? Also if you want to dump that Pea gravel that's good ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 14:46:22 2010 Subject: RE: forge rd property Rich: One question. I can remove all of the cans/drums... however, if we cut our price to match your `average' of estimates you received for roofing/siding - that leaves me 1) with a reduced quote and 2) responsible for the cost of disposing of the cans/drums. Realistically if you go with a lower quote from someone else, that leaves you to clean up the yard - which ...if you have someone else do it - will come in as `environmental cleanup' specialists and charge you a fortune. I can have the guys come in and clean up - we actually have extra X" pea stone from our Newville Elementary job (it's yellowish though) - and take away cans and drums -but it sounds like you are asking me to clean up wood and other stuff too? Where is the benefit to MJE? Materials are costing us almost $15k to do the roof, payroll for the guys may be 40% - we probably will not be operating at any profit - then ...on top of that, we have to pay the guys to clean up (which I was willing to suck up) - AND pay to have the materials disposed of ($200 to $500 per drum depending on what is in them ...and there may be up to 10-12 drums?). If you kick in payment to dispose of the drums after we clean up and remove (this would be paid to us out of the reserve fund that was put aside at settlement. Again, I'm not even going to charge you manhours to clean up and remove - only disposal charge) - I can quote you $32k for roof and siding, and removal of SPECIFIED materials in the yard..(i.e. I know I'm doing cans and drums and dumpster...but the rest wood pile, etc.... would have to be specific. Again, I'm not really operating at a profit for the roof, but I'd like to have the job, and I do want to do right by your company on Jay's behalf... because I was `part' of Jay for a while, and we both committed to this, regardless of his departure. I've been advised this is not my responsibility - but I am agreeing to do a 'job at no profit, plus clean up your yard at no cost to you...and am asking only that you pay the disposal feel of the cans and drums. 2 We need to know today - as I need to make arrangements to have the rest of the stone we'd need included in a load coming our way on Friday.... Maura WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins M] Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 From: Richard Weaver [mailto:rweaver@towerl6.com] Sent: Thursday, August 19, 2010 2:01 PM To: Maura Jenkins Cc: Ed Humes; Scott Rudolph Subject: forge rd property Maura I spoke with my owner Ed and this is what we came up with. We have several roof and siding quotes and averaged them out to $32,000.00 (some are cheaper) for installing metal roof to match the house up front and siding? If you can revise your quotes to total $32,000 we wanted to give you the opportunity to do the work? However there are a few stipulations that are involved. Before any construction starts we need to have the yard cleaned-up; all the drums, cans and other misc. materials removed including dumpster!! Remove the stones/dirt that is contaminated from the cans/dumpster and replace with new stones. After that is complete he will cut you a 20% draw for the construction. The balance of the contract will be paid the day you finish the work and I approve it. Thanks and talk to you soon. 3 Rich Weaver Project Manager (M)240-674-1889 (0)410-679-9916 Richard Weaver From: Maura Jenkins jmjenkins@mjenterprisesofpa.com] Sent: Thursday, August 19, 2010 3:19 PM To: Richard Weaver Subject: Re: forge rd property Follow Up Flag: Follow up Flag Status: Flagged Yes. Sent on the Sprint® Now Network from my B1ackBerry® -----Original Message----- From: Richard Weaver <rweaver(&tower16.com> Date: Thu, 19 Aug 2010 15:18:27 To: 'mjenkins@mjenterprisesofpa.com'<m-ienkins(@mienterprisesofpa.com> Subject: Re: forge rd property 33,500.00 does that work to get rid of Barrells/cans and Dumpster? Install Roof and siding? ----- Original Message ----- From: Maura Jenkins <m-ienkins(@mienterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:06:09 2010 Subject: Re: forge rd property I'm trying to see now if Jay will allow me to take barrels and cans to his property. If not, I'd still ask if you would pay for disposal. Sent on the Sprint® Now Network from my B1ackBerry® -----Original Message----- From: Richard Weaver <rweaver(&towerl6.com> Date: Thu, 19 Aug 2010 14:52:58 To: 'mjenkins@mjenterprisesofpa.com'<mienkinsPmienterprisesofpa.com> Subject: Re: forge rd property I will clean up the wood and other foam. Can we make that work? Also if you want to dump that Pea gravel that's good ----- Original Message ----- From: Maura Jenkins <mienkins(@mienterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 14:46:22 2010 Subject: RE: forge rd property Rich: One question. I can remove all of the cans/drums... however, if we cut our price to match your `average' of estimates you received for roofing/siding - that leaves me 1) with a reduced quote and 2) responsible for the cost of disposing of the cans/drums. Realistically if you go with a lower quote from someone else, that leaves you to clean up the yard - which-if you have someone else do it - will come in as `environmental cleanup' specialists and charge you a fortune. I can have the guys come in and clean up - we actually have extra %" pea stone from our Newville Elementary job (it's yellowish though) - and take away cans and drums -but it sounds like you are asking me to clean up wood and other stuff too? Where is the benefit to MJE? Materials are costing us almost $15k to do the roof, payroll for the guys may be 40% - we probably will not be operating at any profit - then-on top of that, we have to pay the guys to clean up (which I was willing to suck up) - AND pay to have the materials disposed of ($200 to $500 per drum depending on what is in them...and there may be up to 10-12 drums?). If you kick in payment to dispose of the drums after we clean up and remove (this would be paid to us out of the reserve fund that was put aside at settlement. Again, I'm not even going to charge you manhours to clean up and remove - only disposal charge) - I can quote you $32k for roof and siding, and removal of SPECIFIED materials in the yard..(i.e. I know I'm doing cans and drums and dumpster...but the rest ...wood pile, etc....would have to be specific. Again, I'm not really operating at a profit for the roof, but I'd like to have the job, and I do want to do right by your company on Jay's behalf... because I was `part' of Jay for a while, and we both committed to this, regardless of his departure. I've been advised this is not my responsibility - but I am agreeing to do a job at no profit, plus clean up your yard at no cost to you...and am asking only that you pay the disposal feel of the cans and drums. We need to know today - as I need to make arrangements to have the rest of the stone we'd need included in a load coming our way on Friday.... Maura WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins MJ Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 From: Richard Weaver fmailto:rweaver{@tower16.com1 Sent: Thursday, August 19, 2010 2:01 PM 2 -n To: Maura Jenkins Cc: Ed Humes; Scott Rudolph Subject: forge rd property Maura I spoke with my owner Ed and this is what we came up with. We have several roof and siding quotes and averaged them out to $32,000.00 (some are cheaper) for installing metal roof to match the house up front and siding? If you can revise your quotes to total $32,000 we wanted to give you the opportunity to do the work? However there are a few stipulations that are involved. Before any construction starts we need to have the yard cleaned-up; all the drums, cans and other misc. materials removed including dumpster!! Remove the stones/dirt that is contaminated from the cans/dumpster and replace with new stones. After that is complete he will cut you a 20% draw for the construction. The balance of the contract will be paid the day you finish the work and I approve it. Thanks and talk to you soon. Rich Weaver Project Manager (M)240-674-1889 (0)410-679-9916 3 Richard Weaver From: Maura Jenkins [mjenkins@mjenterprisesofpa.com] Sent: Thursday, August 19, 2010 3:45 PM To: Richard Weaver Subject: Re: forge rd property Awesome. Can we perhaps get a check saturday aftr cleanup? We'll order metal-probably 2-3 wks delivery time ...and get u started ion roof and siding second week in september (or sooner if material comes in. Sent on the SprintO Now Network from my B1ackBerry® -----Original Message----- From: Richard Weaver <rweaver@towerl6.com> Date: Thu, 19 Aug 2010 15:43:09 To: 'mjenkins@mjenterprisesofpa.com'<mjenkins@mjenterprisesofpa.com> Subject: Re: forge rd property Yes just the skimming deal ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:39:26 2010 Subject: Re: forge rd property If u r talking about skimming hardened tar off top we will do that. We are not going to get in to back hoeing or digging down deep ...we'll take surface tar off and lay stone. The latter is consider environmental cleanup. We don't have a backhoe to do anything more than skim off top. Sent on the Sprint® Now Network from my B1ackBerry® -----Original Message----- From: Richard Weaver <rweaver@towerl6.com> Date: Thu, 19 Aug 2010 15:36:08 To: 'mjenkins@mjenterprisesofpa.com'<mjenkins@mjenterprisesofpa.com> Subject: Re: forge rd property No problem, but make sure she digs all of the contaminated soil out and covers up all areas with clean stone. From Ed ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:22:04 2010 Subject: RE: forge rd property Can we increase downpayment upon cleanup of yard to 35% - to cover cost of disposing as well as purchasing materials? WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins 1 MJ Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 -----Original Message----- From: Richard Weaver [mailto:rweaver@towerl6.com] Sent: Thursday, August 19, 2010 3:18 PM To: Maura Jenkins Subject: Re: forge rd property 33,500.00 does that work to get rid of Barrells/cans and Dumpster? Install Roof and siding? ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:06:09 2010 Subject: Re: forge rd property I'm trying to see now if lay will allow me to take barrels and cans to his property. If not, I'd still ask if you would pay for disposal. Sent on the Sprint® Now Network from my B1ackBerry® -----Original Message----- From: Richard Weaver <rweaver@towerl6.com> Date: Thu, 19 Aug 2010 14:52:58 To: 'mjenkins@mjenterprisesofpa.com'<mjenkins@mjenterprisesofpa.com> Subject: Re: forge rd property I will clean up the wood and other foam. Can we make that work? Also if you want to dump that Pea gravel that's good ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 14:46:22 2010 Subject: RE: forge rd property Rich: One question. I can remove all of the cans/drums... however, if we cut our price to match your `average' of estimates you received for roofing/siding - that leaves me 1) with a reduced quote and 2) responsible for the cost of disposing of the cans/drums. Realistically if you go with a lower quote from someone else, that leaves you to clean up the yard - which ...if you have someone else do it - will come in as `environmental cleanup' specialists and charge you a fortune. I can have the guys come in and clean up - we actually have extra %" pea stone from our Newville Elementary job (it's yellowish though) - and take away cans and drums -but it sounds like you are asking me to clean up wood and other stuff too? Where is the benefit to MJE? Materials are costing us almost $15k to do the roof, payroll for the guys may be 40% - we probably will 2 not be operating at any profit - then ...on top of that, we have to pay the guys to clean up (which I was willing to suck up) - AND pay to have the materials disposed of ($200 to $500 per drum depending on what is in them ...and there may be up to 10-12 drums?). If you kick in payment to dispose of the drums after we clean up and remove (this would be paid to us out of the reserve fund that was put aside at settlement. Again, I'm not even going to charge you manhours to clean up and remove - only disposal charge) - I can quote you $32k for roof and siding, and removal of SPECIFIED materials in the yard..(i.e. I know I'm doing cans and drums and dumpster...but the rest ...wood pile, etc....would have to be specific. Again, I'm not really operating at a profit for the roof, but I'd like to have the job, and I do want to do right by your company on Jay's behalf... because I was `part' of Jay for a while, and we both committed to this, regardless of his departure. I've been advised this is not my responsibility - but I am agreeing to do a job at no profit, plus clean up your yard at no cost to you...and am asking only that you pay the disposal feel of the cans and drums. We need to know today - as I need to make arrangements to have the rest of the stone we'd need included in a load coming our way on Friday.... Maura WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins MJ Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 From: Richard Weaver [mailto:rweaver@towerl6.com] Sent: Thursday, August 19, 2010 2:01 PM To: Maura Jenkins Cc: Ed Humes; Scott Rudolph Subject: forge rd property 3 Maura I spoke with my owner Ed and this is what we came up with. We have several roof and siding quotes and averaged them out to $32,000.00 (some are cheaper) for installing metal roof to match the house up front and siding? If you can revise your quotes to total $32,000 we wanted to give you the opportunity to do the work? However there are a few stipulations that are involved. Before any construction starts we need to have the yard cleaned-up; all the drums, cans and other misc. materials removed including dumpster!! Remove the stones/dirt that is contaminated from the cans/dumpster and replace with new stones. After that is complete he will cut you a 20% draw for the construction. The balance of the contract will be paid the day you finish the work and I approve it. Thanks and talk to you soon. Rich Weaver Project Manager (M)240-674-1889 (0)410-679-9916 4 Richard Weaver From: Maura Jenkins [mjenkins@mjenterprisesofpa.com] Sent: Thursday, August 19, 2010 3:39 PM To: Richard Weaver Subject: Re: forge rd property If u r talking about skimming hardened tar off top we will do that. We are not going to get in to back hoeing or digging down deep ...we'll take surface tar off and lay stone. The latter is consider environmental cleanup. We don't have a backhoe to do anything more than skim off top. Sent on the Sprints Now Network from my B1ackBerry® -----Original Message----- From: Richard Weaver <rweaver@towerl6.com> Date: Thu, 19 Aug 2010 15:36:08 To: 'mjenkins@mjenterprisesofpa.com'<mjenkins@mjenterprisesofpa.com> Subject: Re: forge rd property No problem, but make sure she digs all of the contaminated soil out and covers up all areas with clean stone. From Ed ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:22:04 2010 Subject: RE: forge rd property Can we increase downpayment upon cleanup of yard to 35% - to cover cost of disposing as well as purchasing materials? WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins MJ Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 -----Original Message----- From: Richard Weaver [mailto:rweaver@towerl6.com] Sent: Thursday, August 19, 2010 3:18 PM To: Maura Jenkins Subject: Re: forge rd property 33,500.00 does that work to get rid of Barrells/cans and Dumpster? Install Roof and siding? ----- Original Message ----- 1 ,t From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:06:09 2010 Subject: Re: forge rd property I'm trying to see now if Jay will allow me to take barrels and cans to his property. If not, I'd still ask if you would pay for disposal. Sent on the Sprint® Now Network from my B1ackBerrym -----Original Message----- From: Richard Weaver <rweaver@towerl6.com> Date: Thu, 19 Aug 2010 14:52:58 To: 'mjenkins@mjenterprisesofpa.com'<mjenkins@mjenterprisesofpa.com> Subject: Re: forge rd property I will clean up the wood and other foam. Can we make that work? Also if you want to dump that Pea gravel that's good ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 14:46:22 2010 Subject: RE: forge rd property Rich: One question. I can remove all of the cans/drums... however, if we cut our price to match your 'average' of estimates you received for roofing/siding - that leaves me 1) with a reduced quote and 2) responsible for the cost of disposing of the cans/drums. Realistically if you go with a lower quote from someone else, that leaves you to clean up the yard - which ...if you have someone else do it - will come in as 'environmental cleanup' specialists and charge you a fortune. I can have the guys come in and clean up - we actually have extra X" pea stone from our Newville Elementary job (it's yellowish though) - and take away cans and drums -but it sounds like you are asking me to clean up wood and other stuff too? Where is the benefit to MJE? Materials are costing us almost $15k to do the roof, payroll for the guys may be 40% - we probably will not be operating at any profit - then ...on top of that, we have to pay the guys to clean up (which I was willing to suck up) - AND pay to have the materials disposed of ($200 to $500 per drum depending on what is in them..and there may be up to 10-12 drums?). If you kick in payment to dispose of the drums after we clean up and remove (this would be paid to us out of the reserve fund that was put aside at settlement. Again, I'm not even going to charge you manhours to clean up and remove - only disposal charge) - I can quote you $32k for roof and siding, and removal of SPECIFIED materials in the yard..(i.e. I know I'm doing cans and drums and dumpster...but the rest-wood pile, etc....would have to be specific. Again, I'm not really operating at a profit for the roof, but I'd like to have the job, and I do want to do right by your company on Jay's behalf-.because I was 'part' of Jay for a while, and we both committed to this, regardless of his departure. 2 r I've been advised this is not my responsibility - but I am agreeing to do a job at no profit, plus clean up your yard at no cost to you...and am asking only that you pay the disposal feel of the cans and drums. We need to know today - as I need to make arrangements to have the rest of the stone we'd need included in a load coming our way on Friday.... Maura WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins MJ Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 From: Richard Weaver [mailto:rweaverL@rtowerl6.com) Sent: Thursday, August 19, 2010 2:01 PM To: Maura Jenkins Cc: Ed Humes; Scott Rudolph Subject: forge rd property Maura I spoke with my owner Ed and this is what we came up with. We have several roof and siding quotes and averaged them out to $32,000.00 (some are cheaper) for installing metal roof to match the house up front and siding? If you can revise your quotes to total $32,000 we wanted to give you the opportunity to do the work? However there are a few stipulations that are involved. Before any construction starts we need to have the yard cleaned-up; all the drums, cans and other misc. materials removed including dumpster!! Remove the stones/dirt that is contaminated from the cans/dumpster and replace with new stones. After that is complete he will cut you a 20% draw for the construction. The balance of the contract will be paid the day you finish the work and I approve it. 3 I 1 L 1 Thanks and talk to you soon. Rich Weaver Project Manager (M)240-674-1889 (0)410-679-9916 Richard Weaver From: Ed Humes Sent: Thursday, August 19, 2010 3:33 PM To: Richard Weaver Subject: RE: forge rd property No problem, but make sure she digs all of the contaminated soil out and covers up all areas with clean stone. We can pay for some extra stone (cr6/crusher run) if you want. I would like the entire yard to be firm enough to drive the fork lift around. -----Original Message----- From: Richard Weaver Sent: Thursday, August 19, 2010 3:27 PM To: Ed Humes Subject: Fw: forge rd property she agreed to 33,500 but read below? ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:22:04 2010 Subject: RE: forge rd property Can we increase downpayment upon cleanup of yard to 35% - to cover cost of disposing as well as purchasing materials? WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins MI Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 -----Original Message----- From: Richard Weaver [mailto:rweaver@towerl6.com) Sent: Thursday, August 19, 2010 3:18 PM To: Maura Jenkins Subject: Re: forge rd property 33,500.00 does that work to get rid of Barrells/cans and Dumpster? Install Roof and siding? ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 15:06:09 2010 1 Subject: Re: forge rd property I'm trying to she now if lay will allow me to take barrels and cans to his property. If not, I'd still ask i you would pay for disposal. Sent on the Spr` nt® Now Network from my B1ack6erry® ---Original t :sage----- From: Richard eaver <rweaver@towerl6.com> Date: Thu, 19 ug 2010 14:52:59 To: 'mjenkins jenterprisesofpa.com'<mjenkins@njenterprisesofpa.com> Subject: Re: rge rd property I will clean :p the wood and other foam. Can we make that work? Also if you want to dump that Pea gravel tot's good ----- Origin Message ----- From: Maura nkins <mjenkins@mjenterprisesofpa.com> To: Richard 'eaver Sent: Thu Au 19 14:46:22 2010 Subject: RE: forge rd property Rich: I can remove all of the cans/drums... however, if we cut our price to match your ruft One questi `average' estimates you received for roofing/siding - that leaves me 1) with a reduced responsible for the cost of quote and 21 disposing the cans/drums. Realistically if you go with a lower quote from someo else, that leaves you to clean up the yard - which-.if you have someone else do it - will me in as `environmental cleanup' specialists and charge you a fortune. I can have the g s come in and clean up - we actually have extra )VI pea stone from our Newville Elementary job (it's yellowish though) - and take away cans and drums -but it sounds like you are asking..'me to clean up wood and other stuff too? Where is the benefit to MJE? Materials are costi us almost $15k to do the roof, payroll for the guys may be 40% - we probably will not be op1pending ating at any profit - then ...on top of that, we have to pay the guys to clean up (which I s willing to suck up) - AND pay to have the materials disposed of ($200 to $500 per drum on what is in them...and there may be up to 10-12 drums?). If you kigk in payment to dispose of the drums after we clean up and remove (this would be paid to u' out of the reserve fund that was put aside at settlement. Again, I'm not even going to harge you manhours to clean up and remove - only disposal charge) - I can quote you $32k for oof and siding, and removal of SPECIFIED materials in the yard..(i.e. I know I'm doing ca ' and drums and dumpster...but the rest ...wood pile, etc....would have to be specific. Again, I'` not really operating at a profit for the roof, but I'd like to have the job, and I do want do right by your company on Jay's behalf... because I was `part' of Jay for a while, and we b, h committed to this, regardless of his departure. I've be advised this is not my responsibility - but I am agreeing to do a job at no profit, plus cle n up your yard at no cost to you...and am asking only that you pay the disposal feel of the c'ns and drums. 2 ' r ? 3, We need to know today - as I need to make arrangements to have the rest of the stone we'd need included in a load coming our way on Friday.... Maura WE HAVE MOVED-PLS NOTE NEW ADDRESS Maura A. Jenkins MI Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 From: Richard Weaver [mailto:rweaver@towerl6.com] Sent: Thursday, August 19, 2010 2:01 PM To: Maura Jenkins Cc: Ed Humes; Scott Rudolph Subject: forge rd property Maura I spoke with my owner Ed and this is what we came up with. We have several roof and siding quotes and averaged them out to $32,000.00 (some are cheaper) for installing metal roof to match the house up front and siding? If you can revise your quotes to total $32,000 we wanted to give you the opportunity to do the work? However there are a few stipulations that are involved. Before any construction starts we need to have the yard cleaned-up; all the drums, cans and other misc. materials removed including dumpster!! Remove the stones/dirt that is contaminated from the cans/dumpster and replace with new stones. After that is complete he will cut you a 20% draw for the construction. The balance of the contract will be paid the day you finish the work and I approve it. Thanks and talk to you soon. 3 Rich Weaver Project Manager (M)240-674-1889 (0)410-679-9916 p.717.545.1700 f.717.545.1707 attorneybmcquillan@gmail.com December 3, 2010 CERTIFIED MAIL, R.R.R. Maura A. Jenkins MJ Enterprises of Pennsylvania, LLC 31 North Corporation Street Newville, PA 17241 Dear Ms. Jenkins: Please be advised that I represent Tower 16 with respect to a breach of contract claim against MJ Enterprises of Pennsylvania, LLC. My client provided me a copy of a check made payable to you dated August 23, 2010 in the amount of $11,500.00. It is my understanding that check represented a $1,500.00 payment for clean up of the property located at 657 Forge Road, Carlisle, PA. The additional $10,000.00 was a deposit for roofing and siding that was to be done on the property that was to commence after the property was cleaned up. The total contract price for the construction work was $33,500.00, $10,000.00 being a 35% deposit. My client informs me that as of this date no work has begun with respect to the reconstruction and that despite repeated demands for a return of the deposit, you have failed to honor their request. Accordingly, this letter is a demand for an immediate payment of the $10,000.00 for your failure to complete the work as agreed upon. Unless I hear from you on or before December 15, 2010, my client has authorized me to file suit to recover .those funds. My client would like to resolve this matter in the most efficient manner possible and not involve the Attorney General's Office who will prosecute Contractors who accept deposits and fail to perform the work. Accordingly, I suggest that you either retain counsel immediately to address this matter or return the funds to me without further delay. Your actions should be guided accordingly. Very truly yours, a 11tIeQuill /pa f cc: Richard Weaver 2080 Linglestown Road, Suite 103 Harrisburg, Pennsylvania 17110 www.bmcquillan.com BRYAN M. McQUILLAN, ESQUIRE 29. Paragraphs 1 through 28 are incorporated by reference as if fully set forth herein. 30. Defendant completely fulfilled its obligations, and then some, regarding clean-up of the Property on Forge Road as outlined in a-mails with Plaintiff Tower 16 up until August 23, 2010 (the `clean-up' date). 31. After cleanup on August 23, 2010, additional a-mails ensued and the scope of the original contract changed. (See Paragraph 28 above). Please see e-mail exchanged dated August 31, 2010 through September 1, 2010, attached hereto as Exhibit "B". Defendant, per agreement between the parties in their e-mail dated August 27, 2010 wherein Defendant stated it would be submitted an additional invoice for the extra costs involved for disposal of extra barrels, submitted a $9,000.00 invoice from Barrick Tires to Plaintiff Tower 16 for payment. WHEREFORE, Defendant hereby requests that this Honorable Court find that Plaintiff Tower 16 breached its oral agreement with Defendant by acknowledging there were additional costs involved in the cleanup, changing the scope of the original agreement, and after agreement to pay additional costs, filing suit against Defendant and refusing to pay the additional $7,500.00 in cleanup costs incurred. FURTHER, Defendant requests attorneys fees and costs as well as damages incurred by Defendant by way of time expended in answering this frivolous law suit. The original agreement for cleanup was between Jay H. Brandt, Jr. and Karen Brandt, and Defendant's involvement in offering cleanup up was out of good conscious, and not legal duty, as well as a desire to obtain a contract for roofing work from the Plaintiffs. Respectfully submitted, E & N, LLC and TOWER 16, INC. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 11-4299 MJ ENTERPRISES OF, CIVIL ACTION-IN LAW .? PENNSYLVANIA, LLC, ,,? `7 Defendant crs ,- ? ANSWER TO AMENDED COMPLAINT C"S7 AND NOW, comes Defendant, MJ Enterprises of Pennsylvania, by andllirdragh its sole member, Maura A. Jenkins, and respectfully answers Plaintiffs' Amended Complaint as follows: 1. Defendant has no information to either admit or deny this statement. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Neither or Admitted nor Denied. 7. Admitted in part and Denied in Part. Admitted that Plaintiff Tower 16 and Defendant entered engaged in a series of e-mail negotiations regarding the details of an agreement being forged to perform roofing and siding work at the Plaintiff's property on Forge Road. Denied that all of said a-mails are included in Plaintiffs' Exhibit "A". 8. Admitted in part and Denied in part. Admitted that Defendant and Plaintiff Tower 16 agreed that Defendant would provide roofing and siding services at the Property for $32,000.00. Admitted that Defendant agreed to a clean-up cost of COUNT 1 - BREACH OF CONTRACT 13. Admitted. 14. Denied. 15. Denied. 16. Denied. ADDITIONAL COUNT - ANTICIPATORY BREACH OF CONTRACT 17. Paragraph 1 through 16 are incorporated by reference as if fully set forth herein. hiswife Karen 18. The aforesaid Property was owned by Jay H. Brandt, Jr. and 6) Brandt prior to sale to Plaintiff E & N, LLC. (?' 4&? ' 19. Defendant rented office space at said property from the Brandts. 20. Jay H. Brandt, Jr. and Defendant went in to business together after the closing of his roofing company in 2009. 21. The original agreement to clean up the property was outlined in a Sales Agreement between the Brandts and Plaintiff E & N, LLC. Said Agreement can be obtained by Mr. Brandt or his real estate agent William L. Shearer, Jr., Prudential Home Sales, Carlisle, PA. Mr. Brandt and his wife were responsible to clean up the property before the new owners, Plaintiff Tower 16, were to move in. 22. Mr. Brandt left the business in 2010 and removed a few truck loads of debris, and left the remaining barrels, skids and toxic waste, for Plaintiff Tower 16 to dispose of. (See Exhibit "C"). 23. As part of the Agreement for Sale of Real Estate, $10,000 was put in to escrow for disposal costs should Mr. Brandt not honor the terms of the sales agreement and clean up the property. 24. The subject of said escrow account was broached by Defendant to Plaintiff Tower 16 in several e-mails. The subject was also addressed to Mr. Brandt, Mr. Shearer, as well as the Asset Management department of Metro Bank in Harrisburg, PA. 25. In an e-mail dated September 1, 2010, Plaintiff Tower 16 changed the scope of the original oral agreement by requesting an additional quote for "$2,000 for labor for drum and can removal and removal of contaminated soil with labor to spread stone". Defendant responded with confusion at the reason for the request for a 12,000.00" additional quote. Plaintiff stated they needed the additional quote to prove `they' did the cleanup and that the amount 'had to be for $2,000.00". 27. It is the Defendant's assertion that Plaintiff Tower 16 was attempting to acquire the $10,00.00 escrow deposit from Metro Bank and needed documentation to prove disposal costs. 28. By requesting an additional quote Plaintiff Tower 16 acknowledges the scope of the work changed, and that additional costs were incurred. COUNTERCLAIM FOR ANTICIPATORY BREACH OF CONTRACT 29. Paragraphs 1 through 28 are incorporated by reference as if fully set forth herein. 30. Defendant completely fulfilled its obligations, and then some, regarding clean-up of the Property on Forge Road as outlined in a-mails with Plaintiff Tower 16 up until August 23, 2010 (the `clean-up' date). 31. After cleanup on August 23, 2010, additional a-mails ensued and the scope of the original contract changed. (See Paragraph 28 above). Please see e-mail exchanged dated August 31, 2010 through September 1, 2010, attached hereto as Exhibit "B". Defendant, per agreement between the parties in their e-mail dated August 27, 2010 wherein Defendant stated it would be submitted an additional invoice for the extra costs involved for disposal of extra barrels, submitted a $9,000.00 invoice from Barrick Tires to Plaintiff Tower 16 for payment. WHEREFORE, Defendant hereby requests that this Honorable Court find that Plaintiff Tower 16 breached its oral agreement with Defendant by acknowledging there were additional costs involved in the cleanup, changing the scope of the original agreement, and after agreement to pay additional costs, filing suit against Defendant and refusing to pay the additional $7,500.00 in cleanup costs incurred. FURTHER, Defendant requests attorneys fees and costs as well as damages incurred by Defendant by way of time expended in answering this frivolous law suit. The original agreement for cleanup was between Jay H. Brandt, Jr. and Karen Brandt, and Defendant's involvement in offering cleanup up was out of good conscious, and not legal duty, as well as a desire to obtain a contract for roofing work from the Plaintiffs. Respectfully submitted, RPRISES OF PFzKN,5YXYANIA, LLC Date: Mmdrrk Jenkin %-S 31 N. Corporatio Newville, PA 17241 (717) 960-9600 Pro Se for Defendant E & N, LLC and TOWER 16, INC. Plaintiffs V. MJ ENTERPRISES OF, PENNSYLVANIA, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 11-4299 CIVIL ACTION-IN LAW VERIFICATION I verify that the statements made in this Answer to Plaintiff's Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: MJ R TiERPRISES OF PEN By: Maura A. r CERTIFICATE OF SERVICE I hereby certify that on February 21, 2012, I, Maura A. Jenkins, did serve a copy of the above Answer to Complaint, by U.S. First Class, postage prepaid, to the party listed below, as follows: John D. Sheridan, Esquire Jeni S. Madden, Esquire 2080 Linglestown Road, Suite 201 Harrisburg ^w 17110-9670 ---Original Message----- From: Richard Weaver <rweaver@towerl6.com> Date: Thu, 19 Aug 2010 14:52:58 To: 'mjenkins@mjenterprisesofpa.com'<mjenkins@mjenterprisesofpa.com> Subject: Re: forge rd property I will clean up the wood and other foam. Can we make that work? Also if you want to dump that Pea gravel that's good ----- Original Message ----- From: Maura Jenkins <mjenkins@mjenterprisesofpa.com> To: Richard Weaver Sent: Thu Aug 19 14:46:22 2010 Subject: RE: forge rd property Rich: One question. I can remove all of the cans/drums... however, if we cut our price to match your `average' of estimates you received for roofing/siding - that leaves me 1) with a reduced quote and 2) responsible for the cost of disposing of the cans/drums. Realistically if you go with a lower quote from someone else, that leaves you to clean up the yard - which ...if you have someone else do it - will come in as `environmental cleanup' specialists and charge you a fortune. I can have the guys come in and clean up - we actually have extra =i" pea stone from our Newville Elementary job (it's yellowish though) - and take away cans and drums -but it sounds like you are asking me to clean up wood and other stuff too? Where is the benefit to MJE? Materials are costing us almost $15k to do the roof, payroll for the guys may be 40% - we probably will not be operating at any profit - then ...on top of that, we have to pay the guys to clean up (which I was willing to suck up) - AND pay to have the materials disposed of ($200 to $500 per drum depending on what is in them ...and there may be up to 10-12 drums?). If you kick in nA,TnP7lt to riiSnnsP of the drums after we clean and remove (this would be pa to us out of the reserve fund that was put aside at se ement. a I'm not even going to charge you manhours to clean up and remove - only disposal charge) - I can quote youu $32k for roof and siding, and removal of SPECIFIED materials in the yarcl..(i.e. I know I'm doing cans and drums and dumpster... u e rest...wood pile, e ....would have to be specific. Again, I'm not really operating at a profit for the roof, but I'd like to have the job, and I do want to do right by your company on Jay's behalf... because I was `part' of Jay for a while, and we both committed to this, regardless of his departure. I've been advised this is not my responsibility - but I am agreeing to do a job at no profit, plus clean up your yard at no cost to you...and am asking only that you pay the disposal feel of the cans and drums. We need to know today - as I need to make arrangements to have the rest of the stone we'd need included in a load coming our way on Friday.... Mau, ra i,? C_i ..? ? -_ ,J n.h,7- , Ev' CRESS 3 Maura A. Jenkins MJ Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 P: 717-960-9600 F: 717-960-9601 C: 717-460-7981 From: Richard Weaver [mailto:rweaver@towerl6.com] Sent: Thursday, August 19, 2010 2:01 PM To: Maura Jenkins Cc: Ed Humes; Scott Rudolph Subject: forge rd property Maura I spoke with my owner Ed and this is what we came up with. We have several roof and siding quotes and averaged them out to $32,000.00 (some are cheaper) for installing metal roof to match the house up front and siding? If you can revise your quotes to total $32,000 we wanted to give you the opportunity to do the work? However there are a few stipulations that are involved. Before any construction starts we need to have the yard cleaned-up; all the drums, cans and other misc. materials removed including dumpster!! Remove the stones/dirt that is contaminated from the cans/dumpster and replace with new stones. After that is complete he will cut you a 20% draw for the construction. The balance of the contract will be paid the day you finish the work and I approve it. Thanks and talk to you soon. Rich Weaver Pro_.ect Manager (M)240-674-1889 (0)41.0-679-9916 4 Maura JenP ins From: Richard Weaver [rweaver@tower16.com] Sent: Friday, August 27, 2010 11:17 AM To: Maura Jenkins Subject: Re: Roofing - - ------------------------------- YeS ID3m l ----- Original Message ----- From: Mau--a Jenkins <mjenkins@mjenterprisesofpa.ccm> To: Richard Weaver Sent: Fri Aug 27 10:34:59 2010 Subject: Roofing Rich Are we set to start the siding on 657 Forge Road next week? The invoice we will be submitting for the `extra' cost of disposing will be very minimal. We found a tire company that disposes (legally) of shredded tires and can take our burmastics as well at -a fraction of-an-environmental cleanup company. I just need to know that we will he ,aid won completion of the siding and roofing - with no issues regarding MJE submitting an invoice to Tower 16 for reimbursement of the extra disposal cost (of 30 barrels not allowed for in our nriginal negotiations) - from Metro's/the Title Co's escrowed funds for clean up. (It ,,as at Metro's direction that I submit an invoice...) Thank you. Maura WE IA'1 y?0"v'ED-?? S NOTE NEW ADDRESS lat.,ra ..e:^.t ns ?IJ _7r7eror_7ses 'D 2ennsyivania, LIO 31 N. ?oroorat_._. Street Pz ?'?11 R, From: Maura Je-7.ins [mail to:mjenkinsamjenterprisesofpa.comj Sent:'T uesday, August 31, 2010 3:13 PM \ To: Richard Weaver ?.? Subject: 05" Forge Road Roofing/Siding R_Ch Terry will be giving you a call today or tomorrow with the exact day we will be starting. I am attaching the invoice for the disposal of the barrels and cans from Forge Road. Please take $1,500.00 off of this invoice for reimbursement. You added $1,500 to our roofing/siding quote to allow for disposal of 12-18 cans. The Asset Recovery Department from Metro stated that this invoice needs to be submitted by you to the title company for reimbursement. Thank you in advance for allowing us to provide you with roofing and siding services. We will do a superior job, and you will love how the building looks. If you have questions, we'll speak again when Terry sets the day we will start. Maura WE HAVE MC' FD-P S Pi0'TE VEr1 ADDRESS MTa'.ra J y ;?' ^ 3 Mv' _.. erpr?ses o Pennsyl ; ania, LLB, 31 N. Corporation Stree_ 2 From: Richard Weaver [rweaver@towerl6.com] Sent: Thursday, August 05, 2010 12:31 PM To: Maura Jenkins Cc: Scott Rudolph Subject: RE: 657 Forge Road Roof Quote ow am supposed to give them something in `Nr,ting vb .en don t €<ncbti 'Jvhat was in t hie ..a ns' I know Jay doesn't want anything to do with this but l think the professional thing to do is at least help out with getting rid of all of his waste materials? I don't want to argue with you over any of this but I think we have been pretty understanding and letting you all take your time moving. I am just at a loss on how to get rid o this material any help would be greatly appreciated . T hac<s Rich From: Maura Jenkins [mailto:mjenkins@mjenterprisesofpa.com] Sent: Thursday, August 05, 2010 12:24 PM To: Richard Weaver Subject: Re: 657 Forge Road Roof Quote Jay is done with the property. As far as the dumpster interstate won't pick it up until 1) they get something in writing about what was in the cans (and jay wants nothing to do with it) or 2) they test all the solvents Sent on the Sprint@ Now Network from my BlackBerry@ From: Richard Weaver <rweaver @tower I 6.com> Date: Thu, 5 Aug 2010 12:14:45 -0400 To: MauraJenkins<mjenkins@mjenterprisesofpa.com> Cc: Ed Humes <ehumes @tower 16. com>; Scott Rudolph<srudolph@towerI6.corr> Subject: RE: 657 Forge Road Roof Quote aura an you check with Jay and see what he is doing about the dumpster at the Forge Rd property, also is he emoving all the other cans and 55 gallon drums? hanks Rich From: Maura Jenkins [mailto:mjenkins@mjenterprisesofpa.com] Sent: Wednesday, August 04, 2010 6:05 PM To: Richard Weaver Subject: FW: 657 Forge Road Roof Quote Sorry! Here's the attachment. WE HAVE 4ft3VED-Pi_S NOTE NEW ADDRESS tite:, Z: t-ore Road C,ieanup\RE 55- For,.- Road Root' Q!>ote 8-5- l0a.h:m a, ?0?2yq 1. Maura Jenkins From: Jay B [ymejb@yahoo.com] Sent: Thursday, July 22, 2010 5:04 PM To: Maura Jenkins Subject: RE: Forge Road And who involved Kenny Whisler? Maura Jenkins <mienkins(@mlenterprisesofpa.com> wrote: >I'm not involving EPA. I'm telling you this as a friend. It is Tower >16 that wants a cleanup. They walked around the property, and the cans An the dumpster weren't empty - they were watching liquid pour out of >the bottom of the dumpster, and it smelled terrible. They walked >behind the shop and saw the spillage there, etc. They see the barrels >on the side of the building and the cans that were left, and they don't know what's in them.... >They are concerned as owners. >I did not buy toxic waste (why do you always stoop to things like >that...you know that's not MJE's responsibility..jeeeez...here I am >helping, and you're going down 'that' road with me...) >I wrote to you what I suggested. Call Larry and see if you have any >liability for clean up.... and what happens if Tower decides they want >compensation...who is responsible. >WE HAVE MOVED-PLS NOTE NEW ADDRESS >Maura A. Jenkins >MJ Enterprises of Pennsylvania, LLC >31 N. Corporation Street >Newville, PA 17241 >P: 717-960-9600 >F: 717-960-9601 >C: 717-460-7981 >-----Original Message----- >From: Jay B (mailto:ymeib(@yahoo.coml >Sent: Thursday, July 22, 2010 4:46 PM >To: Maura Jenkins >Subject: Re: Forge Road >Why are you involving and the EPA? MJE bought that inventory as you've >said numerous times. I've hauled a bunch away n have to deal with it. >What do you suggest? >Niaura Jenkins < - - _ - > wrote: >> Jay, >>Just FYI, I'm not sure if the bank is going to take liability for >>cleaning up this property since it wasn't theirs at the time. I don't >>know if JHB had insurance on 657 Forge Road in place? You may want to >>ask Larry what happens if Tower 16 comes back at your and Karen for >>clean up of the property (which I hear could be really expensive. >>Kenny has gotten >involved >>offering his services to clean up - but he says no landfill will take >>these barrels without knowing what's in them - they'll have to test - >>EPA get involved, etc.). I'm just thinking you may want to run this >>by Larry to >see >>where the money will come from for cleanup. Metro? You and Karen? >>mj >>WE HAVE MOVED-PLS NOTE NEW ADDRESS >>Maura A. Jenkins >>MJ Enterprises of Pennsylvania, LLC >>31 N. Corporation Street >>Newville, PA 17241 >>P: 717-960-9600 »F: 717-960-9601 »C: 717-460-7981 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA C CO) Py IN RE: JAY H. BRANDT, JR., In Proceedings Under Chapter 7 Debtor Case No. 1:09-btc-08776-RNO ORDER Metro Bank's Motion and its representations made therein to require Trustee, pursuant to I 1 U.S.C. §554(b), to abandon 657 Forge Road, South Middleton Township, Cumberland County, Pennsylvania having been considered after such notice and hearing as are appropriate, and there having been no objections filed thereto, and it appearing to the Court that 657 Forge Road is of inconsequential value and benefit to the estate, it is, therefore ORDERED, ADJUDGED, AND DECREED: I . That the Motion to require the Trustee to abandon 657 Forge Road is hereby granted; and 1 That the Automatic Stay imposed by 11 U.S.C. §362(a) with respect to 657 Forge Road is hereby terminated, and Metro Bank, Debtor, and his wife and the third-party purchaser are hereby free to transfer and convey 657 Forge Road in accordance with the tenns of the Agreement for Sale. By the Court, Q-,A u. Robert N. Opel, If, Bankruptcy Judge. (31) This document is elecironically signec(ana /fled on the satne date. Dated: April 22, 2010 3as .:09-b--i]377o-RN0 Doc 68 Filed C0422 ?nte?ed 1;?? Desc slain Dccu7ent Page CHARLES V. HENRY, III R. HART BEAVER FREDERICK S. WOLF THOiVLAS P. HAR[.AN WILEY P. PARKER* JOHN H. WHITMOYER CHRISTOPHER J. COYLE KEVIN M. RICHARDS NLARC A. HESS AMY B. LEONARD ROBERTA J. GANTEA * Certified in Civil Trial Advocacy By The National Board of Trial Advocacy Mr. William L. Shearer, Jr. PRUDENTIAL HOME SALES SERVICES GROUP 8 Brookwood Avenue Carlisle, PA 17015 April 23, 2010 Re: Agreement for the Sale of 657 Forge Road Dear Mr. Shearer: TELEPHONE (717) 274-3644 FAX (717? 274-6782 WRITER'S E-MAIL whitmoyer@henrybeaver.com Enclosed with this letter is a copy of the Order issued by the U.S. Bankruptcy Court on April 22, 2010, approving the Motion to require the Trustee to abandon 657 Forge Road and lifting the Automatic Stay so that the sale to E & N, LLC can be completed. M V nl., ?c LI . rn% NI. Custer, %tet?o B HENRY & BEAVER LLP ATTORNEYS AT LAW 937 WILLOW STREET P.O. BOX 1140 LEBANON, PA 17042-1140 vw?zv.henrybeaver.eom Very truly yo s, r' /J HN H. ITMOYER /f ! i 1 k ¦ I -lr-" zP t?,? t_ ?. 1 ?.. I m ¦ I i k(1--ll E?. r,7g h 3 F ': ry sP` 2. F M .. ,a.. _ k wx , g , l r ;d o- i 5 ?. L I : ?,,?' .._ ?? ?, . ?? ? ,? 4 ,? _ ? r b. k '?b,,, ' ? ,? ??? £'s:" 4, m F ? ?l llli 0 PM a ' F? n ? m } B 3-.a g n ,b 4 e 4 ? tee: _ ? # . ? ?? ?? . 3`?"? air v „?`? I ?'I?111I ?n :°. .:; a3? ?; - 7,71 si b I O ? FJ?COTI?R John D. Sheridan, Esq. Jeni S. Madden, Esq. 2 { PA ID Nos. 82275 & 209536 SERRATELLI, SCHIFFMAN, & BROWN VKKRLI?fND COUNTY 2080 Linglestown Road, Suite 201 F E'dIN SYLVA41A Harrisburg, PA 17110-9670 (717) 540-91.70 jsheridan a,ssbc-law.com jmaddennssbc-law.com Attorneys for Plaintiff E & N, LLC and TOWER 16, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs DOCKET NO: 11-4299 V. CIVIL ACTION - IN LAW MJ ENTERPRISES OF PENNSYLVANIA, LLC, : Defendant NOTICE TO PLEAD To: MJ Enterprises of Pennsylvania, LLC c/o Maura A. Jenkins, Sole Member 31 N. Corporation Street Newville, PA 17241 You are hereby notified to file a written response to the enclosed Preliminary Objections to Defendant's Counterclaims within twenty (20) days from service hereof or a judgment may be entered against you. Date: March 8, 2012 Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN P. C. IIf f ` l i ri 1J bf'l John )2f/ Sheridan, Esquire Jeni Madden, Esquire PA 9. Nos. 82275 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 John D. Sheridan, Esq. Jeni S. Madden, Esq. PA ID Nos. 82275 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 j sheridangssbc-law. com jmaddenkssbc-law. com Attorneys for Plaintiff E & N, LLC and TOWER 16, INC. Plaintiffs V. MJ ENTERPRISES OF PENNSYLVANIA, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 11-4299 CIVIL ACTION - IN LAW PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANT'S COUNTERCLAIMS AND NOW, comes Plaintiffs, E & N, LLC and Tower 16, Inc. (hereinafter "Plaintiffs"), by and through their counsel, Serratelli, Schiffman, & Brown, P. C., and file their Preliminary Objections to Defendant's Counterclaims, and in support thereof aver as follows: Preliminary Objection to Counterclaims I and II of Defendant's Answer to Plaintiffs' Amended Complaint - LEGAL INSUFFICIENCY OF A PLEADING - Pa. R. Civ. P. 1028(a)(4) 1. A review of Counterclaims I & II of in Defendant MJ Enterprises of Pennsylvania, LLC's (hereinafter "Defendant") Answer to Plaintiffs' Amended Complaint reveals that Defendant purports to state causes of action for "Anticipatory Breach of Contract." 2. In Pennsylvania, "[a]n anticipatory breach of a contract occurs whenever there has been a definite and unconditional repudiation of a contract by one party communicated to another. A statement by a party that he will not or cannot perform in accordance with agreement creates such a breach." Oak Ridge Const. Co. v. Tolley, 504 A.2d 1343, 1346 (Pa. Super. 1985), citing 4 Corbin on Contracts § 959, p. 852-856 (1951)." 3. Defendant fails to state any facts which support a claim that Plaintiffs made a definite and unconditional repudiation of a contract, or any other facts which would support a cause of action for anticipatory breach of contract. 4. Therefore, Counterclaims I & II of Defendant's Answer to Plaintiff's Amended Complaint Amended Complaint are legally insufficient thus should be dismissed accordingly. WHEREFORE, Plaintiffs, E&N, LLC, and Tower 16, Inc., respectfully request that this Honorable Court sustain their Preliminary Objection to Counterclaims I and II of Defendant's Answer to Plaintiffs' Amended Complaint, dismiss Counterclaims I and II of Defendant's Answer to Plaintiffs' Amended Complaint with prejudice and further award Plaintiffs all such other relief as is proper and just. Preliminary Objection to Counterclaims I and II of Defendant's Answer to Plaintiffs' Amended Complaint - LEGAL INSUFFICIENCY OF A PLEADING - Pa. R. Civ. P. 102g(a)(4) 5. The averments set forth in Paragraphs 1 through 4 are incorporated by reference as if more fully set forth at length herein. 6. In its prayer for relief to Counterclaims I and II of its Answer to Plaintiff s Amended Complaint, Defendant requests damages in the nature of attorneys' fees. 7. In Pennsylvania, the general rule is that "each side is responsible for the payment of its own costs and counsel fees absent bad faith or vexatious conduct." McMullen v. Kutz, 985 A.2d 769, 775 (Pa.Super. 2009), citing Lucchino v. Commonwealth. 809 A.2d 264, 267 (Pa. 2002). This principal is true "unless there is express statutory authorization, a clear agreement of the parties or some other established exception." McMullen, 985 A.2d at 775, citing Mosaica Academy Charter School v. Com. Dept. of Educ., 813 A.2d 813, 822 (2002). 8. In the present matter, there is no express statutory authorization, agreement of the parties or other established exception alleged by Defendant which would permit the recovery of attorneys' fees. Thus, Defendant cannot recover for attorneys' fees. WHEREFORE, Plaintiff respectfully requests that this Honorable Court sustain its Preliminary Objection to Defendant's Counterclaims, dismiss Defendant's claim for attorneys fees, and further award Plaintiffs all such other relief as is proper and just Respectfully submitted, SERRATELLI, SCHIFFMAN, & BRO WN P. C. Date: March 8, 2012 u . John Sheridan, Esquire Jeni . Madden, Esquire PA ID Nos. 82275 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 CERTIFICATE OF SERVICE I, Jeni S. Madden, Esquire, do hereby certify that on this 8"' day of March, 2012, 1 served a copy of the foregoing Plaintiff s Preliminary Objections to Defendant's Counterclaims by United States Mail, postage prepaid, to the following person(s): Maura A. Jenkins, Sole Member MJ Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 J S. Madden, squire Cn I JP PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) L' tar ' j"= TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matte tfp," ng t Argument Court.) 1 it`'(? 1 t3 I CAPTION OF CASE (entire caption must be stated in full) E&N, LLC and Tower 16, Inc. vs. MJ Enterprises of Pennsylvania, LLC ,`1;*,,;5ERLAND COUNT 'ENNSYLuANIA No. 2011 .4299 Term '. State matter to be argued (i.e., piaintiff's rnolion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's P eliminary Objections to Defendant s Counterclaim 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jeni S. Madden, Esquire, Serratelli, Schiffman & Brown PC (Name and Address) 2080 Linglestown Road Suite 201 Harrisburg PA 17110 (b) for defendants: Maura Jenkins, MJ Enterprises of Pennsylvania, LLC (Name and Address) 31 N. Corporation Street, Newville, PA 17241 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 2012 Sig lure eni S. Madden, Esquire Print your name Plaintiff Date: April G ; 2012 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ? ? ya cIc Is C2-1 33?y CERTIFICATE OF SERVICE I, Jeni S. Madden, Esquire, do hereby certify that on this 2nd day of April, 2012, 1 served a copy of the foregoing Praecipe for Listing Case for Argument by United States Mail, postage prepaid, to the following person(s): Maura Jenkins, Pro Se M J Enterprises of Pennsylvania, LLC 31 N Corporation Street Newville PA 17241 Jen' Madden, Esquire John D. Sheridan, Esq. Jeni S. Madden, Esq. PA ID Nos. 82275 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 i sheridanLa),ssbc-law. com jmaddenLa,ssbc-law.com Attorneys for Plaintiff FILED-OFFICE .,,.. THE PROTHONOTARY ?- 2012 JUL 11 AM 11: 57 CUMBERLAND COUNTY PENNSYLVANIA E & N, LLC and TOWER 16, INC Plaintiffs V. MJ ENTERPRISES OF PENNSYLVANIA, LLC, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV DOCKET NO: 11-4299 CIVIL ACTION - IN LAW PRAECIPE Please mark the above-captioned matter as discontinued, without prejudice. Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN P. C. 11)q" A, " _ Date: July 10, 2012 John ,#. Sheridan, Esquire Jeni. Madden, Esquire PA Nos. 82275 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 CERTIFICATE OF SERVICE I, Jeni S. Madden, Esquire, do hereby certify that on this 10`h day of July, 2012, I served a copy of the foregoing Praecipe by United States Mail, postage prepaid, to the following person(s): Maura A. Jenkins, Sole Member MJ Enterprises of Pennsylvania, LLC 31 N. Corporation Street Newville, PA 17241 U Jeni . Madden, Esquire