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Home My WebLink About13-2069 FI LED - OFF If: I` Salzmann Hughes, P.C. fj{' i'iE 1:0 l ii�il�i� David Martineau Attorney I.D. No. 84127 - PIJ13 EiPf 16 PM 2: O4 Melissa Kelso Attorney I.D. No. 306793 354 Alexander Spring Road, Suite l CUMBERLAND COUNTY Carlisle, PA 17015 PENNSYLVANIA Telephone: 717- 249 -6333 Fax 717- 249 -7334 Attorneys for Plaintiff MIKE BLACK CONSTRUCTION, LLC. : IN THE COURT OF COMMON PLEAS Claimant : CUMBERLAND COUNTY, PENNSYLVANIA vs. :No. d,0109 DANIEL THUMMA AND DONNA THUMMA HUSBAND AND WIFE CIVIL ACTION -LAW Owner JURY TRIAL DEMANDED STATEMENT OF MECHANIC'S LIEN CLAIM AND NOW, comes the Claimant, Mike Black Construction, LLC, by and through its counsel, SALZMANN HUGHES, P.C., and hereby files thee within Mechanic's Lien and in support thereof avers the following: 1. Claimant, Mike Black Construction, LLC, a limited liability company established under the laws of Pennsylvania, and has a registered office 104 Kline Road, Shippensburg, PA 17257 located in Cumberland County. Claimant asserts this claim as a contractor. 2. Owners, Daniel and Donna Thumma, husband and wife, own the Property located at 357 C Street, Carlisle, PA in Cumberland County. 3. Claimant completed the work on the Property located at 357 C Street, Carlisle, PA on December 13, 2012. 461.5o Pn �+ �i'aea35 e� a89a83 4. On August 15, 2012, Owners executed the attached Bid Estimate, thereby contracting with Claimant and accepting the bid offered by him to perform the necessary work on the Property. A true and correct copy of this estimate, Estimate No. 2058, is attached here to as Exhibit A. 5. The parties contracted for Claimant's repair and replacement of aluminum siding and roof on the Property, Owners' residential dwelling, caused by hail damage, along with other related repairs as more detailed in the Estimate attached as Exhibit A. 6. Specifically, Claimant removed and replaced aluminum siding damaged by hail on three sides of the Property. Claimant replaced the aluminum siding with vinyl siding, priced by square, at a cost of $325.00 per square, with an estimated 15.72 squares required to complete the job. The vinyl siding totaled approximately $5,109.00. 7. Claimant also wrapped over the top of the aluminum wrap on windows, which cost $150.00 each and required a quantity of 16, for a total cost of $2,400.00. 8. Claimant also provided labor and materials to replace the roof with new architectural shingles, the cost of which included removal of the entirety of the existing roofing materials on the Property. Claimant further installed new aluminum drip edge, ice and water shields, and installed new aluminum step and counter flashing on the chimney. These repairs were completed at a cost of $295.00, with a quantity of 15 required, totaling a cost of $4,425.00. 9. The labor and material for the "lowest and newest roof', "next roof up," and "side roof' were completed at a cost $3.25 per square foot, which an estimated necessary 1,124 square feet required for a total cost of $3,653.00. 10. The labor and material to replace the "high roof' cost $3.75 per square foot, with a necessary quantity of 831, totaling $ 3,116.25. 11. All repairs and replacements, including labor and materials, totaled $ 20,261.25, as more detailed on the estimate attached as Exhibit A. 12. To date, defendants have paid $ 11,530.50. 13. An outstanding balance of $8,730.75 for labor and materials remains. WHEREFORE, Claimant Mike Black Construction, LLC asserts a lien in the amount of $8,730.75. Respectfully submitted, SAL'Z,MAAN�N HUGHES, P.C. Date: By; /'/ % ZA David Martineau Attorney I.D. No. 84127 Melissa Kelso Attorney I.D. No. 306793 354 Alexander Spring Road, Suite I Carlisle, PA 17015 Telephone: 717- 249 -6333 Attorneys for Plaintiff VERIFICATION I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. MIKE BLACK CONSTRUCTIO LC. B Mike Black Construction LLC Date: & ' J Mike Black Construction, LLC Estimate 140 Kline Road Shippensburg, PA 17257 Date Estimate # (717) 729 -0864 8/15/2012 2058 H.I.C. PA 017267 Name! Address Danny & Donna Thumma 357 C Street Carlisle, PA 17013 Project Heil Damage/ House... Description Qty Cost Total This Job Bid will include the following and nothing more unless 0.00 0.00 written up on a change order. This is the Bid price estimated to perform this job. 0.00 0.00 I/ We accept this fro ck Construction. 0.00 0.00 Customer: Customer: Customer: Contractor Date: 3 — I S — ab 1 r3 — Due to the recent fluctuation in Lumber and Material prices. Any 0.00 0.00 radical fluctuation in material prices beyond the control of Mike Black Construction will have to be passed on to the customer. If this problem should arise, the customer will be made aware of the fluctuation and will be shown documented proof. Mike Black Construetion,LLC is registered with The Office of the Attorney General of Pennsylvania. My registered number is PA017267. The official registration number of Mike Black Construction , LLC can be obtained from the Pennsylvania Office of Attorney General's Bureau of Consumer Protection by calling toll -free within Pennsylvania 1- 800.520 -6680. ( Registration does not imply endorsement.) Ibis is the Bid price estimated to perform this job. 0.00 0.00 Thank you for the chance to bid this job. Total Page 1 EXHIBIT Mike Black Construction, LLC Estimate 140 Kline Road Shippensburg, PA 17257 Date Estimate # (717) 729 -0864 H.I.C. PA 017267 ansnol2 toss Name /Address Danny & Donna Thumma 357 C Street Carlisle, PA 17013 Project Hail Damage/ House... Description Qty Cost Total All Permits will be responsibility oft he owner 0.00 0.00 This section for House Remove and Replace Aluminum Siding that was damaged by hail 15.72 325.00 5,109.00 on 3 sides of house. Front above porch, Left side of House if standing on street, and the back of House. Price is replacing Aluminum siding with High quality Vinyl siding.( Priced by square) Labor and Material to Remove and Replace Aluminum wrap on 16 150.00 2,400.00 windows that were damaged by hail Refuge produce by contractor or subcontractors ( Allowance) 1 250.00 250.00 Rental fees for Scaffolding, Ladders and Planks 7 75.00 525.00 Labor and Material to replace Roof with new Architectural 15 295.00 4,425.00 Shingles, Remove Existing roofing materials to deck on entire home. Install new aluminum drip edge, ice and water shield on eaves and in valleys, 301b. felt underlayment on remainder. Install new aluminum step and counter flashing on chimney. Roofhas holes in the shingles with no grit left. Also gutters had excess of Fresh grit from shingles. Labor and Material to Remove and Replace damaged downspouts 80 5.10 408.00 This section for Barn Labor and Material to Remove and Replace roofs on Barn and out 0.00 0.00 buildings. Remove and Replace metal roofs Labor and Material to Remove and Replace. Roof 1.366 sq.ft. 366 3.25 1,189.50 Lowest and newest roof Thank you for the chance to bid thisjob. Total Page 2 Mike Black Construction, LLC Estimate 140 Kline Road Shippensburg, PA 17257 Date Estimate# (717) 729 -0864 81I5/2612 2058 H.I.C. PA 017267 Name /Address Danny 8t Donna Thumma 357 C Street Carlisle, PA 17013 Project Hail Damage/ House... Description qty Cost Total Labor and Material to Remove and Replace. Roof 2.424 sq. ft. Next 424 3.25 1,378.00 roof up Labor and Material to Remove and Replace. Roof 3. 334 sq. ft. Side 334 3.25 1,085.50 Roof Labor and Material to Remove and Replace. Roof 4. 831 sq. ft. High 831 3.75 3,116.25 Roof i J Labor and Material to Scrape and Repaint 3 windows on Bern 3 125.00 375.00 Thank you for the chance to bid this job. Total - $20,261.25 Page 3 F:\FILES\Clients\15090 Thumma\15090.1.pra.wpd Christopher E. Rice, Esquire rnCu a. '? Attorney I.D. No. 90916 , MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES <CZ, , 10 East High Street �- Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants MIKE BLACK CONSTRUCTION, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013 - 2069 CIVIL TERM DANIEL THUMMA and DONNA THUMMA Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendant in the above matter and issue a rule upon the Plaintiff to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. Defendant hereby demands a twelve juror jury trial in the above captioned action. MARTSON LAW OFFICES Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3 13 Attorneys for Defendants RULE AND NOW,this day of ArgKi , 2013, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. Pro (1. f ;1.1- p -OFF/ ti€Salzmann Hughes,P.C. �{t TNQ David Martineau t ' /AR), Attorney I.D.No.84127 / ""/ ! Melissa Kelso 30 Attorney I.D.No.306793 CU 354 Alexander Spring Road,Suite 1 PEN NSY�'1(Y°C OU T v Carlisle,PA 17015 (,VANI , Telephone:717-249-6333 A Fax: 717-249-7334 Attorneys for Plaintiff MIKE BLACK CONSTRUCTION, LLC. : IN THE COURT OF COMMON PLEAS Claimant : CUMBERLAND COUNTY,PENNSYLVANIA vs. : No. I' -ad(Q DANIEL THUMMA AND DONNA THUMMA HUSBAND AND WIFE : CIVIL ACTION-LAW Owners : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Melissa L. Kelso, hereby certify that I served a true and correct copy of Notice of Filing of Statement of Mechanic's Lien, along with a true and correct copy of the Statement of Mechanic's Lien filed on behalf of Claimant, Mike Black Construction, LLC, against Owners, Daniel Thumma and Donna Thumma. The Statement of Mechanic's Lien was filed on March 16, 2013. I perfected service upon Owners on March 16, 2013,by serving a copy on their attorney, Christopher E. Rice, Esquire, who agreed to accept service on behalf of his clients. The Acceptance of Service documenting service is attached hereto. Respectfully submitted, SALZMANN HUGHES, P.C. Date: 3 0-/ By: J/ J� David Martineau Attorney I.D. No. 84127 Melissa Kelso Attorney I.D. No. 306793 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Telephone: 717-249-6333 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this5U day of April 2013, I served a true and correct copy of the Affidavit of Service by first class mail postage pre-paid to the following: Christopher E. Rice, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendants Respectfully submitted, SALZMANN HUGHES, P.C. By: -). �`' ) Melissa L. Kelso, Esquire MIKE BLACK CONSTRUCTION,LLC. : IN THE COURT OF : COMMON PLEAS Claimant : CUMBERLAND COUNTY, :PENNSYLVANIA vs. : No. 13-2069-MLD DANIEL THUMMA AND DONNA THUMMA HUSBAND AND WIFE : CIVIL ACTION-LAW Owner : JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, Christopher E. Rice, Esquire, attorney for the Owners in the above-captioned matter, hereby agree on behalf of my clients, Daniel Thumma and Donna Thumma to accept service of the Notice of Filing of Statement of Mechanic's Lien filed on April 16, 2013. Christopher E. Rice, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Owners Date: 1_ 3o / 3 T,t , ,1LED-OF D Salzmann Hughes,P.C. t° t H P R 0 T `f y David Martineau Attorney I.D.No.84127 2013 MA Y 16 AN 8: � Melissa Kelso U c� Attorney I.D.No.306793 354 Alexander Spring Road,Suite CUMBERLAND COUNTY Carlisle,PA 17015 PENNSYLVANIA Telephone:717-249-6333 Fax: 717-249-7334 Attorneys for Plaintiff MIKE BLACK CONSTRUCTION,LLC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. No. 13-2069 DANIEL THUMMA AND DONNA THUMMA HUSBAND AND WIFE CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 Salzmann Hughes,P.C. David Martineau Attorney I.D.No.84127 Melissa Kelso Attorney I.D.No.306793 354 Alexander Spring Road,Suite 1 Carlisle,PA 17015 Telephone:717-249-6333 Fax 717-249-7334 Attorneys for Plaintiff MIKE BLACK CONSTRUCTION,LLC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 13-2069 DANIEL THUMMA AND DONNA THUMMA HUSBAND AND WIFE CIVIL ACTION-LAW Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Mike Black Construction, LLC, by and through its counsel, SALZMANN HUGHES, P.C., and hereby makes claim against Defendants and in support thereof avers the following: 1. Plaintiff, Mike Black Construction, LLC, is a limited liability company established under the laws of Pennsylvania and has a registered office of 104 Kline Road, Shippensburg, PA 17257 located in Cumberland County. 2. Defendants, Daniel and Donna Thumma, husband and wife, own the Property located at 357 C Street, Carlisle, PA in Cumberland County. 3. On or about August 15, 2012,Defendants entered into a written Agreement with Plaintiff for Plaintiff to perform restoration contracting work on their residential Property following storm damage to the Property. A true and correct copy of this Agreement is attached here to as Exhibit"A." 4. Pursuant to the Agreement, Plaintiff was to replace aluminum siding on three sides of the home on the Property with vinyl siding, replace aluminum wrap on the home's windows, replace the home's roof, and replace its downspouts. 5. Pursuant to the Agreement, Plaintiff was also to replace the roofs on the barn on the Property. 6. Following the parties' entry into the written Agreement, Defendants and Plaintiff agreed to modify its terms as outlined below, along with other less significant modifications, as evidenced by the Invoice No. 1630, a true and correct copy of which is attached hereto as Exhibit`B": a. Plaintiff would wrap over the top of the existing metal wrap on the home's windows to provide a better backer for current aluminum wrapping; and b. Plaintiff would lath over the existing metal largest roof on the barn using 2x4 lath, then installed new corrugated metal over the new lath. 7. Plaintiff professionally completed all work contemplated by the parties. 8. To date, however, Defendants have failed to fully compensate Plaintiff for its work. Count I—Breach of Contract 9. Pursuant to the Agreement, Defendants were to compensate Plaintiff for its work in the total amount of twenty thousand two hundred sixty-one dollars and twenty-five cents ($20,261.25). 10. Plaintiff performed all work required by the Agreement and subsequent modification and completed its obligations on December 13, 2012. 11. To date, Defendants have paid Plaintiff eleven thousand five hundred thirty dollars and fifty cents ($11,530.50). 12. Defendants have failed to provide Plaintiff with the remaining balance of eight thousand seven hundred thirty dollars and seventy-five cents ($8,730.75) as negotiated and agreed to by Defendants pursuant to the Agreement and modifications. 13. Defendants' failure to compensate Plaintiff for the full amount pursuant to the Agreement breaches the terms of the Agreement. 14. Defendants' breach of the Agreement has caused Plaintiff damages in the amount of eight thousand seven hundred thirty dollars and seventy-five cents ($8,730.75). WHEREFORE, Plaintiff Mike Black Construction LLC respectfully requests that this Honorable Court enter judgment in its favor and against Defendants in the amount of eight thousand seven hundred thirty dollars and seventy-five cents ($8,730.75), along with all other costs and fees this Court deems just. Count II—Unjust Enrichment 15. Plaintiff performed restoration work and improvements on Defendants' Property valued at a minimum amount of twenty thousand two hundred sixty-one dollars and twenty-five cents ($20,261.25), which includes the cost of labor and materials. 16. Defendants received and retained the benefit of this work. 17. Defendants have failed*to fully compensate Plaintiff for this work as outlined above. 18. Permitting Defendants to retain the value of the benefit of Plaintiff's work without fully compensating Plaintiff unjustly enriches Defendants to Plaintiff's detriment. WHEREFORE, Plaintiff Mike Black Construction LLC respectfully requests that this Honorable Court enter judgment in its favor and against Defendants and impose all damages, costs and fees this Court deems just. Respectfully submitted, ` SALZMANN HUGHES, P.C. Date: By: David Martineau Attorney I.D. No. 84127 Melissa Kelso Attorney I.D. No. 306793 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Telephone: 717-249-6333 Attorneys for Plaintiff VERIFICATION I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. MIKE BLACK CONSTRUCTION L C. By: Mike Black Construe ion LLC Date: Mike Black Construction, LLC Estimate 140 Kline Road Shippensburg,PA 17257 Date Estimate# (717) 729-0864 H.I.C. PA 017267 8/15/2012 2058 Name/Address Danny&Donna Thumma 357 C Street Carlisle,PA 17013 Project Hail Damage/House... Description Qty Cost Total This Job Bid will include the following and nothing more unless 0.00 0.00 written up on a change order. This is the Bid price estimated to perform this job. 0.00 0.00 1/We accQthisfro ck Construction. 0.00 0.00 Customer Customer: Customer Contractor; Date: �� ' 1 — Q0 I(3 Due to the recent fluctuation in Lumber and Material prices. Any 0.00 0.00 radical fluctuation in material prices beyond the control of Mike Black Construction will have to be passed on to the customer. If this problem should arise,the customer will be made aware of the fluctuation and will be shown documented proof. Mike Black Construction,LLC is registered with The Office of the Attorney General of Pennsylvania. My registered number is PA017267. The official registration number of Mike Black Construction,LLC can be obtained from the Pennsylvania Office of Attorney General's Bureau of Consumer Protection by calling toll-free within Pennsylvania 1-800-520-6680. (Registration does not imply endorsement.) This is the Bid price estimated to perform this job. 0.001 0.00 Thank you for the chance to bid this job. Total Page 1 EXHIBIT 1 --A Mike Black Construction, LLC Estimate 140 Kline Road Shippensburg,PA 17257 Date Estimate# (717) 729-0864 8/15/2012 2058 H.I.C. PA 017267 Name/Address Danny&Donna Thumma 357 C Street Carlisle,PA 17013 Project Hail Damage/House... Description Qty Cost Total All Permits will be responsibility of the owner 0.00 0.00 This section for House Remove and Replace Aluminum Siding that was damaged by hail 15.72 325.00 5,109.00 on 3 sides of house.Front above porch,Left side of House if standing on street,and the back of House.Price is replacing Aluminum siding with High quality Vinyl siding.(Priced by square) Labor and Material to Remove and Replace Aluminum wrap on 16 150.00 2,400.00 windows that were damaged by hail Refuge produce by contractor or subcontractors(Allowance} 1 250.00 250.00 Rental fees for Scaffolding,Ladders and Planks 7 75.00 525.00 Labor and Material to replace Roof with new Architectural 15 295.00 4,425.00 Shingles,Remove Existing roofing materials to deck on entire home.Install new aluminum drip edge,Ice and water shield on eaves and in valleys,301b. felt underlayment on remainder.Install new aluminum step and counter flashing on chimney. Roof has holes in the shingles with no grit left.Also gutters had excess of Fresh grit from shingles. Labor and Material to Remove and Replace damaged downspouts 80 5.10 408.00 This section for Barn Labor and Material to Remove and Replace roofs on Barn and out 0.00 0,00 buildings.Remove and Replace metal roofs Labor and Material to Remove and Replace,Roof 1.366 sq.8. 366 3.25 1,189.50 Lowest and newest roof Thank you for the chance to bid this job. Total Page 2 Mike Black Construction, LLC Estimate 140 Kline Road Shippensburg, PA 17257 Date Estimate# (717) 729-0864 8/15/2012 2058 H.I.C. PA 017267 Name/Address Danny&Donna Thumma 357 C Street Carlisle,PA 17013 Project Hail Damage/House... Description Qty Cost Total Labor and Material to Remove and Replace.Roof 2.424 sq.ft.Next 424 3.25 1,378.00 roof up Labor and Material to Remove and Replace.Roof 3.334 sq.ft.Side 334 3.25 1,085.50 Roof Labor and Material to Remove and Replace.Roof 4.831 sq.ft,High 831 3.75 3,116.25 Roof J Labor and Material to Scrape and Repaint 3 windows on Barn 3 125.00 375.00 Thank you for the chance to bid this job. Total $20,261.25 Page 3 Mike Black Construction,LLC Invoice 140 Kline Road Shippensburg,PA 17257 Date Invoice# (717) 729-0864 12/13/2012 1630 H.I.C. PA 017267 Bill To Ship To Danny&Donna Thumma 357 C Street Carlisle,PA 17013 P.O. Number Terms Rep Ship Via F.O.B. Project Completed items Due on receipt MB 12/13/2012 Hand Delivery Completed items Quantity Item Code Description Price Each Amount Quote 1 Mike Black Construction,LLC is registered with The Office of the Attorney General of Pennsylvania. My registered number is PA017267. Quote 2 The official registration number of Mike Black Construction, LLC can be obtained from the Pennsylvania Office of Attorney General's Bureau of Consumer Protection by calling toll-free within Pennsylvania 1-800-520-6680. (Registration does not imply endorsement.) I Quote All these items except for Extras on Bid 2058 1 Labor and Material Labor and Material to Remove and Replace Shingle House 4,425.00 4,425.00 Roof 1 Labor and Material Labor and Material to Remove and Replace Corrugated Metal 1,085.50 1,085.50 on Lower roof 1 Labor and Material Labor and Material to Remove and Replace Corrugated Metal 3,116.25 3,1 16.25 on High roof Payment Payment for above items.Check number received 3183 -8,626.75 -8,626.75 1 Extra Remove and Replace I piece of Corrugated steel on middle 50.00 50.00 roof. 81 Extra Install Fabricated Facia on Face boards of Barn 2.75 222.75 15.72 Labor and Material Labor and Material to Remove and Replace Aluminum Siding 325.00 5,109.00 that was damaged. 6.28 Extra Labor and Material to Remove and Replace remainder of 325.00 2,041.00 aluminum siding Total Page 1 EXHIBIT CERTIFICATE OF SERVICE I hereby certify that on this 15 day of May 2013, I served a true and correct copy of the Affidavit of Service by first class mail postage pre-paid to the following: Christopher E. Rice, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendants Respectfully submitted, SALZMANN HUGHES, P.C. By: �� Melissa L. Kelso, Esquire r_ F!I_ED-0,,--,F IG� FA FILES Uients115090ThummaN15090.Lans IF THE PR0TH0N yR p;��{ 15 1.i�5 t Christopher E. Rice, Esquire 2 �JUN 17 AM 1.1: I¢b Attorney I.D. No. 90916 CUMBERLAND CGU�gy Katie J. Maxwell, Esquire PENNSYLVANIA Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants MIKE BLACK CONSTRUCTION, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013 - 2069 CIVIL TERM DANIEL THUMMA and DONNA THUMMA Defendants ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT TO: Mike Black Construction, LLC, and David Martineau, Esquire, its attorney YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY(20)DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW come the Defendants, Daniel Thumma and Donna Thumma, by and through their attorneys,MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,and hereby respond to Plaintiff's Complaint as follows: 1. Admitted in part and denied in part. It is admitted except for the address of Plaintiff is actually 140 Kline Road. 2. Admitted. 3. Denied as the document speaks for itself. By way of further response, one other modification was made to the contract dated August 15, 2013. A copy of the entire agreement ("Contract") is attached hereto as Exhibit A. 4. Denied as the document speaks for itself. By way of further response, the Plaintiff was to remove the wrap that was currently around the house,but instead,Plaintiff just placed a new wrap over the existing one. In addition, Plaintiff purchased materials for four sides of the house, without providing a change order to the Defendants. 5. Denied as the document speaks for itself. By way of further response, the estimate for the roofs contained four separate barn roofs,but the Plaintiff only replaced two roofs,which was not done properly. Plaintiff mis-measured the side roof when installing the new roof, and damaged the main roof of the house during installation. 6. Denied as the document speaks for itself. By way of further response,there was no agreement to modify contracts. a. Denied. b. Denied in part and admitted in part. It is agreed that the Defendants would allow Plaintiff to put lathing over the roof instead of removing the old roof, but the Plaintiff still charged for removal as noted on the invoice. 7. Denied. Plaintiff did not professionally complete the work. In fact, Plaintiff failed to provide services as agreed upon which resulted in the Defendants incurring additional costs to replace and repair the work provided by Plaintiff. 8. Admitted in part and denied in part. It is admitted that Defendants have not paid the full amount listed in the contract to Plaintiff, but it is denied that Plaintiff is entitled to such compensation. Count I - Breach of Contract 9. Admitted in part and denied in part. It is admitted that Defendants have not paid the full amount listed in the contract to Plaintiff, but it is denied that Plaintiff is entitled to such compensation. 10. Denied. Plaintiff failed to complete all work that was set forth in the Agreement and any modification thereto. 11. Denied. The exact amount paid to date has been $11,726.75. 12. Admitted in part and denied in part. It is admitted that Defendants have not paid any additional monies to Plaintiff, but it is denied that Plaintiff is entitled to said monies. 13. Denied as a conclusion of law. 14. Denied as a conclusion of law. WHEREFORE,Defendants respectfully request this Honorable Court enter judgment in their favor and impose all damages, costs and fees this Court deems just. Count II - Unjust Enrichment 15. Denied. Plaintiff did not perform restoration work and improvements on Defendants' property valued at $20,261.25. Plaintiff failed to complete the work as agreed upon. 16. Denied as a conclusion of law. By way of further response, there was no benefit received by Defendants since they had to repair and replace the work performed by Plaintiff. 17. Admitted in part and denied in part. It is admitted that Defendants have not paid the full amount owed under the Contract. It is denied that Plaintiff is entitled to such payment. 18. Denied as a conclusion of law. WHEREFORE, Defendants respectfully request this Honorable Court dismiss Plaintiff's Complaint and enter judgment in favor the Defendants. NEW MATTER 19. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 20. Plaintiff's claims are barred by the affirmative defense of fraud. 21. Plaintiff s representations in the Contract deceived and misled the Defendants into believing that Plaintiff would perform the work outlined in the Contract, and in a workmanlike manner. 22. Defendants relied on Plaintiff s representations of the work to be performed. 23. Defendants would not have entered into the Contract with Plaintiff but for Plaintiff s deceitful misrepresentations of his ability to perform the work promised in the Contract. 24. At all times hereto, Plaintiff held himself out to Defendants as a qualified and competent contractor capable of performing the work agreed upon in the Contract. 25. Plaintiffs Contract provided that he would replace and install the siding on Defendants home with high quality vinyl siding. 26. Plaintiff failed to provide the high quality siding promised in the Contract. 27. Plaintiff improperly installed the siding to a standard below current industry practices. 28. Plaintiff purchased,and charged the Defendants,for siding for four sides of the house, without providing Defendants with a change order for the additional work that was not included in the Contract. 29. As a result of Plaintiff's poor quality of work at Defendants' home,Defendants were forced to hire a second contractor,and incur additional out-of-pocket expenses,to correct the defects caused by the Plaintiff. WHEREFORE,Defendants respectfully request this Honorable Court enter judgment in their favor and impose all damages, costs and fees this Court deems just. COUNTERCLAIM COUNT I - BREACH OF CONTRACT 30. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 31. Defendants and Plaintiff executed a contract (the "Contract") on August 15, 2012, and modified it on September 24, 2012 (a copy of the Contract is attached hereto as Exhibit "A") by which Plaintiff represented he would make repairs to Defendants' home in a professional and workmanlike fashion, including but not limited to: a. Remove and Replace Aluminum Siding on Defendant's House and replace with High Quality Vinyl Siding; b. Remove and Replace window wrap damaged by hail; and, C. Remove and Replace barn roofs. 32. Defendants relied on Plaintiff's representations in the Contract that he would perform all work in a professional and workmanlike fashion. 33. Plaintiff breached the Contract by failing to perform work at Defendants' home to the quality promised and expected. 34. As a direct and proximate cause of Plaintiff's breach of contract, Defendants were forced to hire another contractor to correct Plaintiffs's poor quality of work and bring their home up to the quality promised in Plaintiff's contract. 35. As a result of Plaintiffs breach and having to hire a second contractor, Defendants have suffered damages in the amount of$14,763.34. WHEREFORE,Defendants respectfully request this Honorable Court enter judgment in their favor and impose all damages, costs and fees this Court deems just. COUNT II -BREACH OF WARRANTY 36. The averments of the preceding paragraphs are incorporated by referenced as if fully set forth herein. 37. Plaintiff provided a contractor's warranty to the Defendants effective December 14, 2012. A copy of Plaintiff's contractor's warranty is attached hereto as Exhibit"B". 38. Plaintiff s warranty provided a warranty on Plaintiff's work at Defendant's home for a period of three years from the effective date. 39. Plaintiff s warranty further indicated that Plaintiff installed"high quality Wolverine vinyl siding to entire house." 40. As a result of Plaintiff s poor workmanship, Defendants were required to hire a second contractor to fix and replace Plaintiff s work. 41. After an investigation by this second contractor, it was revealed that Plaintiff failed to, among other things, install "high quality Wolverine vinyl siding to the entire house and that the work he did perform at Defendants' home was faulty. 42. Plaintiff has refused to correct the problems at the Defendants'despite the assurances of his warranty. 43. As a direct and proximate cause of Plaintiff s breach of warranty,Defendants' have incurred costs in the amount of$14,763.34 as a result of Plaintiff s breach of contractor's warranty. WHEREFORE,Defendants respectfully request this Honorable Court enter judgment in their favor and impose all damages, costs and fees this Court deems just. COUNT III - UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (UTPCPL) 44. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 45. At all times relevant hereto, Defendants relied on the promises, assertions, and representations of the Plaintiff as to its qualifications as a contractor and ability to perform work on the Defendants' home to the standard identified in the Contract and in a workmanlike fashion. 46. Plaintiff knowingly and willingly failed to perform all of the work specified in the contract without informing the Defendants, or obtaining advance authorization to make changes to the Contract. 47. Plaintiff s actions and sub-standard work caused additional damages to Defendants' home and forced Defendants to hire a second contractor to correct Plaintiffs's poor quality of work and bring their home up to the quality promised in Plaintiffs contract. 48. As a direct result of Plaintiff s intentional and willful behavior, Defendants have incurred out-of-pocket expenses in the amount of$14,763.34 to pay for a second contractor, in addition to the expenses incurred to defend this action,pursue the Plaintiff,and finance the payment for the second contractor. 49. The actions and misrepresentations by Plaintiff as identified herein are in direction violation of§§ 201-2(4)(v), 201-2(4)(vii), 201-2(4)(xiv), 201-2(4)(xvi), and 201-2(4)(xxi) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 50. Under §201-9.2(a) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, the court "may in its discretion award up to three times the actual damages sustained" as well as any other relief deemed just and proper. WHEREFORE,Defendants respectfully request this Honorable Court enter judgment in their favor and impose all damages,costs,attorney's fees,and any additional fees this Court deems just. MARTSON LAW OFFICES By: ---aC4,VV ChristophKE Aice, Esquire I.D. No. 0-916 Katie J. Maxwell, Esquire I.D. No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 4U! / Attorneys for Defendants EXHIBIT "A" Black Construction,LLC Estimate 40 Kline Road — Shippensburg,PA 17257 Date Estimate# (717) 729-0864 8/15/2012 2058 H.I.C. PA 017267 Name/Address Danny&Donna Thumma 357 C Street Carlisle,PA 17013 Project Hail Damage/House... Description Qty Cost Total This Job Bid will include the following and nothing more unless 0.00 0.00 written up on a change order. This is the Bid price estimated to perform this job. 0.00 0.00 I/We accept this fro ck Construction. 0.00 0.00 Customer Customer Customer Contractor: Date: Due to the recent fluctuation in Lumber and Material prices. Any 0.00 0.00 radical fluctuation in material prices beyond the control of Mike Black Construction will have to be passed on to the customer. If this problem should arise,the customer will be made aware of the fluctuation and will be shown documented proof. Mike Black Construction,LLC is registered with The Office of the Attorney General of Pennsylvania. My registered number is PA017267. The official registration number of Mike Black Construction,LLC can be obtained from the Pennsylvania Office of Attorney General's Bureau of Consumer Protection by calling toll-free within Pennsylvania 1-800-520-6680. (Registration does not imply endorsement.) I This is the Bid price estimated to perform this job. 0.00 0.00 Thank you for the chance to bid this job. Total Page 1 Mike Black Construction,LLC Estimate 140 Kline Road Shippensburg,PA 17257 Date Estimate# (717) 729-0864 8/15/2012 2058 H.I.C. PA 017267 Name/Address Danny&Donna Thumma 357 C Street Carlisle,PA 17013 Project Hail Damage/House... Description Qty t,oat Total This Job Bid will include the following and nothing more unless 0.00 0.00 written up on a change order. This is the Bid price estimated to perform this job. 0.00 0.00 I/We accept this Bj�Lfrom Mike)3fack Construction. 0.00 0.00 Customer: %% Customer: '° "------� ti Customer: Contractor Date: Due to the recent fluctuation in Lumber and Material prices. Any 0.00 0.00 radical fluctuation in material prices beyond the control of Mike Black Construction will have to be passed on to the customer. If this problem should arise,the customer will be made aware of the fluctuation and will be shown documented proof. Mike Black Construction,LLC is registered with The Office of the Attorney General of Pennsylvania. My registered number is PA0]7267. The official registration number of Mike Black Construction,LLC can be obtained from the Pennsylvania Office of Attorney General's Bureau of Consumer Protection by calling toll-8V Within Pennsylvania 1-800-520-6680. (Registration does not imply endorsement.) This is the Bid price estimated to perform this job. 0.00 0.00 Thank you for the chance to bid this job. Total Page 1 Mike Black Construction,LLC Estimate 140 Kline Road Shippensburg,PA 17257 Date Estimate# (717)729-0864 8/15/2012 2058 H.I.C. PA 017267 Name/Address Danny&Donna Thumma 357 C Street Carlisle,PA 17013 Project Hail Damage/House... Description Qty Cost Total All Permits will be responsibility of the owner 0.00 0.00 This section for House Remove and Replace Aluminum Siding that was damaged by hail 15.72 325.00 5,109.00 on 3 sides of house.Front above porch,Left side of House if standing on street,and the back of House.Price is replacing Aluminum siding with High quality Vinyl siding.(Priced by square) Labor and Material to Remove and Replace Aluminum wrap on 16 150.00 2,400.00 windows that were damaged by hail Refuge produce by contractor or subcontractors(Allowance) 1 250.00 250.00 Rental fees for Scaffolding,Ladders and Planks 7 75.00 525.00 Labor and Material to replace Roof with new Architectural 15 295.00 4,425.00 Shingles.Remove Existing roofing materials to deck on entire home.Install new aluminum drip edge,ice and water shield on eaves and in valleys,301b.felt underlayment on remainder.Install new aluminum step and counter flashing on chimney. Roof has holes in the shingles with no grit left.Also gutters had excess of Fresh grit from shingles. Labor and Material to Remove and Replace damaged downspouts 80 5.10 408.00 This section for Barn Labor and Material to Remove and Replace roofs on Barn and out 0.00 0.00 buildings.Remove and Replace metal roofs Labor and Material to Remove and Replace.Roof 1.366 sq.ft. 366 3.25 1,189.50 Lowest and newest roof Thank you for the chance to bid this job. Total Page 2 Mike Black Construction, LLC Estimate 140 Kline Road Shippensburg, PA 17257 Date Estimate# (717) 729-0864 8/15/2012 2058 H.I.C. PA 017267 Name/Address Danny&Donna Thumma 357 C Street Carlisle,PA 17013 Project Hail Damage/House... Description Qty Cost Total Labor and Material to Remove and Replace.Roof 2.424 sq.ft.Next 424 3.25 1,378.00 roof up Labor and Material to Remove and Replace.Roof 3.334 sq.ft.Side 334 3.25 1,085.50 Roof Labor and Material to Remove and Replace.Roof 4.831 sq.ft.High 831 3.75 3,116.25 Roof Labor and Material to Scrape and Repaint 3 windows on Barn 3 125.00 375.00 Thank you for the chance to bid this job. Total $20,261.25 Page 3 Mike Black Construction,LLC Estimate 140 Kline Road Shippensburg,PA 17257 Date Estimate# (717) 729-0864 8/15/2012 2058 H.I.C. PA 017267 Name/Address Danny&Donna Thumma 357 C Street Carlisle,PA 17013 Project Hail Damage/House... Description Qty Cost Total All Permits will be responsibility of the owner 0.00 0.00 This section for House Remove and Replace Aluminum Siding that was damaged by hail 15.72 325.00 5,109.00 on 3 sides of house.Front above porch,Left side of House if standing on street,and the back of House.Price is replacing Aluminum siding with High quality Vinyl siding.(Priced by square) Labor and Material to Remove and Replace Aluminum wrap on 16 150.00 2,400.00 windows that were damaged by hail Refuge produce by contractor or subcontractors(Allowance) 1 250.00 250.00 Rental fees for Scaffolding,Ladders and Planks 7 75.00 525.00 Labor and Material to replace Roof with new Architectural 15 295.00 4,425.00 Shingles.Remove Existing roofing materials to deck on entire home.Install new aluminum drip edge,ice and water shield on eaves and in valleys,301b.felt underlayment on remainder.Install new aluminum step and counter flashing on chimney. Roof has holes in the shingles with no grit left.Also gutters had excess of Fresh grit from shingles. Labor and Material to Remove and Replace damaged downspouts 80 5.10 408.00 This section for Barn Labor and Material to Remove and Replace roofs on Barn and out 0.00 0.00 buildings.Remove and Replace metal roofs Labor and Material to Remove and Replace.Roof 1.366 sq.ft. 366 3.25 1,189.50 i Lowest and newest roof I Thank you for the chance to bid this.iob. Total Page 2 i Mike Black Construction,LLC Estimate 140 Kline Road -- Shippensburg, PA 17257 Date Estimate# (717)729-0864 8/15/2012 2058 H.I.C. PA 017267 Name/Address Danny&Donna Thumma 357 C Street Carlisle,PA 17013 Project Hail Damage/House... Description Qty Cost Total Labor and Material to Remove and Replace.Roof 2.424 sq.ft.Next 424 3.25 1,378.00 roof up Labor and Material to Remove and Replace.Roof 3.334 sq.ft.Side 334 3.25 1,085.50 Roof Labor and Material to Remove and Replace.Roof 4.831 sq.ft.High 831 3.75 3,116.25 Roof Labor and Material to Scrape and Repaint 3 windows on Barn 3 125.00 375.00 I i Thank you for the chance to bid this job. Total $20,261.25 Page 3 I I EXHIBIT "B" Y Q) c 21 12 08:27a Angela Black / Americom 717-564-9738 p.2 CONTRACTOR'S WARRANTY Mike Blade Construction, LLC. ("Contractor"}warrants to Owner that the Work performed by Contractor to be free from defects In material and workmanship for a period of three years from the Effective Date. Effective Date: December 14, 2012 Owner: Danny&Donna Thumma Premises: 357 C Street, Carlisle, PA 17013 Work: Replacement of Siding: Three sides of home was damaged by half. Rernoved and replaced all aluminum siding. Installed high quality Wolverine vinyl siding to entire house. Replacement of House Roof: Removed existing asphalt shingles to wood deck on entire home. Installed new aluminum drip edge, Ice and water shield on eaves and in valleys,301b felt underlayment on remainder. installed GAF/Elk architectural singles wj shingle over ridge vent. Installed new aluminum step and counter Hashing on chimney. Replacement of Two Barn Roofs: Replaced damaged roofs with corrugated metal and trimmed out This Standard Limited Warranty applies and Is limited as follows: 1. To the Work for a period of three years from the Effective Date or until the premises are transferred or conveyed by the Owner to a subsequent owner, whichever first occurs. 2. To the Work that has not been subject to accident:, vandalism, misuse or abuse. 3. To the Work that has not been modified,altered, defaced,or had repairs made or attempted by others than the contractor. 4. That Contractor be immediately notified in writing within ten(10)days of first knowledge of defect by owner or his agent or within(10)days that defect should reasonable have been known to Owner with reasonable inspection. S. That Contractor shall be given first opportunity to make any repairs, replacements or corrections to the defective Work at no cost to owner within a reasonable period or time. 6. Under no circumstances shalt Contractor be liable by virtue of this Standard Umited Warranty or otherwise for damage to any person or property whatsoever for any special, Indired, secondary or consequential damages of any nature however arising out of the use or Inability to use because of the Work defect 7. Exclusions from Standard limited Warranty: • Material covered by manufacturer warranty and reoccurring maintenance items. • Material furnished by Owner for installation and pre-existing material. • Damage resulting from mold,fungus,and other pathogens not solely and directly caused by Contractor's work. • Minor deviations not material in nature • Naturally occurring degradation of materials due to normal wear and tear. 1of2 This Standard Umited Warranty is in lieu of, replaces and supersedes the full extent permitted by law and other warranty(ies)with respect to the Work,whether expressed, implied, statutory or otherwise of any nature whatsoever and is non-transferable. Contractor Name: Mike Black ConstruOan Mte *Num r:. H.I.C. P-AO17Z67 Authorized Signature: vt L- 00-IJ, Michael W. Black / bec 21 12 08:21a Angela Black / Americom 717-564-9738 p.2 ,,N . I _ • v• r� Dec 21 12 08:22a Angela Black / Americom 717-5649738 p.3 Wolverine Sidin g r . Lifec-i-me a `mieZed ir�l y Limited,Non-Prorated and Transferable(Prorated if Transferred) `?:'t<^ndJjtO is'CO'i CC:a: Wolverine warrants to the property owner that its vinyl siding,soffit and accessory products ('vinyl suing products")arc free from manufacturing defects in material and wocLuanship if installed according to our applicable specifications,subject to the terms and conditions of this Warranty.If Wolvcrinc determines,in its sole discretion,that its vinyl siding products have a manufacturing defect under the terms of t"Warranty,Wolverine will,at its option,either (1)pay to r air,replace.r6nish,or coat anyvinyl siding product itdctermines has a manufacturing defects or(2)refund the amount paid by the original properry owner for the vinyl siding products Plus the cost ofthe labor of the original instAscion. In no rent will the value of Wolverine's obligations under this Warranty exceed the purchase price of the originally installed products that Wolvcrine demrmines have a manuf—turingdcicct and the cost of the Labor involved in the original installation of these products.Any costs or expenses beyond this amount art the responsibility of the property owner. rn the event aif repair,rcplaccmcnt,refinishing,of coating under the terms of this Warranty,the warranty applicable to the original vinyl siding product shall apply to the repassed,replacement, refinished,or coated vin)d siding product and will extend for the balance ofthc original warranty period. The lifetime warranty period offered for Wolvcrinc vinyl siding products is only available to the orynal.individual homeowners,and only if applied to a single-fannfly home.All ocher structures and property owners(e.g.,corporations,governmental agencies,partnerships,trusts,homeowner associations,cooperative housing arrangements,religious organizations,schools,condominiums, townhomes,apartment buildings,duplex,house of worship,and any other type of building or premises not owned by individual homeowners),including subsequent property owners(sec Transferability"section),arc limited to aprorated 50-year warranty(see'How Long You are Covered"section). Z zoto Lons;You are Covered: This Warranty has a lifetime warranty so long as the original property owner is a person who lives fa in and owns the singlc- may home on which the vinyl siding products were originally installed. If the owner is a subsequent owner or a corporation,gommtnental agency,partnership,trust, homeOw7fer association,cooperative housing arrangement.religious organbaalon,of other entity not a person,or ifthe vinyl siding products are applied to a school,condominium,townhome. apartment building,duplex.house of worship,or any other hQe of building or premises not owned by an indivi&W homeowner.warranty coverage under this Warranty is prorated starting from the original date of installation. The original property owner of s.single-family home(as described in this section)receives 100%non-prorated coverage- Subsequent owners and others(as described in this suction)an covered by a 50-year prorated warranty: 1rcr:cn`rgc Pcrccntab2 oFG.r:c-a": Years Sirc;::nsmllition oFCwcr>gc Yctr.Since Ina:Jh;ior 100% Up to 5 50% More than 10 and up to 11 90% More than 5 and up to 7 40% More than 11 and up to 12 8096 More than 7 and up to 8 30% More than 12 and up to 13 70% Mon:dean 8 and up to 9 20% More than 13 and up to 14 60% More than 9 and up to 10 10% Morc than 14 and up co 50 )ec 21 12 08:22a Angela Black / Americom 717-564-9738 p.4 'frays cr oiEity: '[his Warranty automatically transfers cc subsequent property owners.1lic warn-.ncy for all subsequent property owners is a prorated 50-year warranty,measured from the original dace of instillation(see'How Longg You are Covered'section).The fade protection coverage of this Warranty is not cram rabic. This Warranty does not provide protection against any failure,defect or damage caused by situations and events beyond normal exposure conditions,including but riot limited to: - N%ust,abuse,neglect,improper handling,or storages - Improper installation or installation not in strict adherence with Wolverine's written installation instructions; - Use of accessories which do not properly receive and/or secure Wolverine vinyl siding; - Failure of owner to provide normal mainterhance and cieanitug, Normal weathering.fading,chalking or oxidation; - Discoloration or other damage caused by air pollution(including but not limited to metallic onides or metallic particles),mold,mildew,exposure to harmful chemicals or normal weathering resulting from exposure to the elements; - Damage resulting from accident;fire.vandalism,wind-blown or foreign objects, earthquake,flood,lightning,hurricane,tornado or other casualty or act of God; - Defects in,failure of or damage to the wall or material on which the vinyl sidingwas installed,structural defects,and/or damage caused b movement,distortion,cracking or settling of the wall,framing,or the foundation of the building; - nny other cause not resulting from a manufacturing defect in the products supplied by Wolverine, This Warranty doer not apply co vinyl fidiag pradnets wh"have been painted,varnesbed4 rrfinir&4 or sinsr/asdy coated over the rnanufnctssrer i original finis!;(unlesf the re rnisbing or eoaring it asrshon td by!Yolverine pswsssans to this i4/arran �,or vinyl sid* products which have berry distorted or melted due to an cetcrnal heat soum�ncludin�but not limited to a barbecueS614 fire,or reflection frem suindow,daors,or other objects). Wolverine warrants Its vinyl siding products against excess fade beyond normal weathering if reported to Wolverine In accordance with the notice provision(see'What the Property Owner Muse Do-section).Excess fade is defmcd by a change in color,as calculated according to ASCM D2244,greater than four(4)Hunter units. Normal weathering is dclincd as exposure co sunlight and extremes of weather and atmosphere which will cause any colored surface ro gradually fade,chalk or accumulate dirt or stains.The severity of any condition depends on the geographic location of the building,the cleanliness of the air in the area,and many other influences over which Wolverine has no control. Wolverine shall have sole discretion to determine whether the vinyl siding products have faded beyond normal weathering.If the vinyl siding products arc determined to have excessively faded. Wolverine will pay to repair,replace,refinish,or coat,ac its option,the a$cceed vinyl siding products. Wolverine also reserves the r' h t co refund the amount paid by the original owner for the vinyl siding products plus the cost of labor involved in die original installation.If the original costs cannot be documented by the property owner,Wolverine shall have sole discretion m dctermine the amount of any refund Wolverine reserves the right to discontinue or modify any of its vinyl siding products,including the color,and shag not be liable as a result of such discontinuance or modification,nor shall Wolverine be liable in the event the replacernenr material varies in color or gloss in comparison to the original product as a result of normal weathering.If Wolverine replaces any material under this Warranty, it may substitute products designated by Wolverine to be of comparable quality or price range in the event the vinyl siding product initially installed her been discontinued or modified. Dec 21 12 08:22a Angela Black / Americom 717-5649738 p.5 .itnirec-Yzil Dainag:NX arranry: 'Wolverine warrants that its vinyl siding products will resist damage caused by hail.wolverines obligation and warranty for had damage is limited as follows:(1)the property owner must pursue the cost of replacement or repair of damaged vinyl siding products through homeowners'insurance or any other available,or applicable insurance,a4(2)if the cost of repair or replacement exceeds cite property owners insurer's payment/contribution(excluding any insurance deductible),Wolverine will reimburse the property owner the difference between the cost of repair or replacement of the damaged vinyl siding products,and the insurer's payment/contribution(excluding any insurance deductible).In no event,however,will Wolverine be liable for or have any warranty obligation in excess of the valuc of the hail-damaged vinyl siding products,or be responsible foe or rcimbucse the applicable insurance deductible,labor costs or other costs pertaining co removal or replacement of damaged vinyl siding products.Wolverine will also have no warranty obligation or liability for any injury to persons or damage to property caused by hail-damaged vinyl siding products. 'What the Property Ohvncr Mist Do: If you believe your vinyl siding products have a manufactucing defect,hail damage,or Faded beyond normal weathering,you must promptly notify Wolverine in writing and provide proof of property o rnetship the date you bought the property,and the date of your vinyl siding products purchase and irtscaDation.In order to properly evaluate and process a warranty claim.Wolverine may require you to submir a product sample to Wolverine fur analysis and/or permit a Wolverine representative to inspect the installed product,if required.Wolverine will evaluate each properly reported claim Under The terms of this Warrartty and will notify you of any additional information or product samples it may need to process your claim. Please send all notifications and correspondenoc co: CercainTecd Corporation 803 Belden Road Jackson,MI 49203 ATTN:Consumer Services 'ter nry--:lid Limitrv:ion oFFicm;;dics: THIS DOCUMENT CONSTITUTES THE L•XCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY WOLVERINE.THE WARRANTIES AND REMEDIES CONTAINED W THIS DOCUMENT ARE EXPRESSLY IN LIEU OF ANY AND ALL OTH E R OBIIGATTONS.G UARANTEES AND WARRANTIES.WHETHER WRITTEN,ORAL OR IMPLIED BY STATUTE OR AT LAW.STATE OR PROVINCIAL LAW WILL DETERMINE THE PERIOD OF TIME FOLLOWING THE SALE THAT A PROPERTY OWNER 164AY SEEK A REMEDY UNDERTHE IMPLIED WARRA.14 Y OF.MERCHANTABILrIY OR FITNESS FOR A PARTICULAR PURPOSE. WOLVERINES OBLIGATIONS.RESPONSIBILITIES AND LIABILITY SHALL BE LIMrrED TO REPAIRING. REFUNDING.REFINISHING.COATING.OR REPLACING THE DEFECTIVE PRODUCT AS SET FORTH IN THIS WARRANTY.IN NO EVENT SHALL WOLVERINE BE LIABLE FOR ANY SPECIAL,INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.INCLUDING ANY DAMAGE TO THE PROPERTY,THE BUILDING OR ITS COYrENTS.OR FOR INJURY TO ANY PERSONS,THAT MAY OCCUR AS A RESULT OF THE USE OF WOLVFJUNE'S PRODUCTS OR AS A RESULT OF THE BREACH OF THIS WARRANTY.IF YOUR STATE OR PROVINCE DOES NOT ALLOW EXCLUSIONS OR LIMITATIONS OF SPECIAL.INDIRECT.INCIDENTAL.OR CONSEIZUENTLAL DAMAGES.THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WOLVERINES TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCT(S)OR THIS WARRANTY EXCEED THE ORIGINAL PURCHASE PRICE OF THE PRODUCTS AND THE LABOR COSTS RELATING TO THE ORIGINAL INSTALLATION OF SUCH PRODUCTS. 7bir Warranty may not be modijied,altered or expanded by anyone,including product distributors, dealers,re&en,irtrtatters andlw Walverine fteld r.-presentarives. Ibis WarrAnVgivesyeu rpmific legal rights,andyes may also bave Piker rights uabieb varyfrom State to State Or Province to Proviure. This Warratsty apphe,:o vinyl sidengproducu installed on or afierfanaary 1,2011. (71st ranrranty in effect At the rinse ehke material is arsginally installed is the applicable wocrranty.) 7754 Warranty repLces all prior warranties. Effective dace:I!t!t 1 aec 21 12 08:22a Angela Black / Americom 717-5649738 p.6 ROOFING SUPPLY LLC Caring for all your roofing needs... 40 Year Limited Paint Warranty ABM Panel, PBR Panel A AB Seam Warranty."Painted HOG OR AZ50" A.B.Martin Roofing Supply LLC warrants,in the continental United States that under normal allnospheric conditions(which term excludes aggressive atmospheres such as those contaminated with chemical fumes or salt spray including animal confinement)exterior paint on its preprinted product.ASM Panel will meet the following specifications: Film Integrity:VAI not crack,blister or fWw(loose adhesion)(not to be constructed to include slight hairline crazing which occurs during fabrication)for a period of forty(40)years and one month.FaUure due to substrate corrosion 1s excluded(Installed orstorage). Chalk Rating.Will not chalk in excess of a numerical rating of 6 when measured w1h the standard procedure specified in ASTM 0421449.on sidewals fora period of thirty(30)years and one month Fade Rating:Will not fade or change color by more than 6 units of color when measured with the standard procedure specified in ASTM 0-2244,on sidewalk for a period of thirty(30)years and one month. Wdl not fade or change color by more than 11 units of odor when measured with the standard procedure of ASTM 0-2244,on roofs for a period of thirty(30)years and one month.(Fade d Chalk will differdWending on the color,roofarsidewali) Limitations on Warranty: 1. This warranty is extended to the original buyer and is not transferable or assignable. 2. Seller's Warranties apply only to panels which have been exposed to normal weather and atmospheric conditions and does not apply to defects or failures caused by acts of God, animal confinement, falling objects, misuse, improper storage or assembly, external forces, explosions fire, vandalism, deliberate destruction or damage, riots, civil mmmotions, acts of war, radiation or harmful gases of fumes,excessive salt atmospheres, chemicals, and foreign substances(i.e., abnormal quantities of sand or dirt particles) in the air or atmosphere, and regardless of roof or pitch, installation must provide for proper drainage so as not to hold any water. 3. This Warranty does not cover failures resulting from edge corrosion. 4. In no event shall the Warranty extend beyond 40 years and one month from the date of shipment of panels from Seller's manufacturing plant. (This warranty does not extend beyond the paint manufactures warranty) Buyers Obligations: 1. Buyer must inspect material received from Seller prior to installation as to mitigate expense involved in repairing, repainting or replacing defective sheets. 2. Any claim on account of a defect in the product or for any other cause whatsoever shall be deemed WAIVED by Buyer unless written notice thereof Is given to seller within 30 days after discovery of the defects and within the applicable guarantee period. Seller shall be given reasonable opportunity to investigate all claims and no products shall be returned to Sellers without Sellers inspection and approval and receipt by buyer of written shipping instructions from Seller. Exclusive Remedy: If any of Sellers products fails to perform as warranted, the company will, at its option, repaint or replace the defective panels or refund the buyer the price paid for the material. A.B. Martin Roofing Supply LLC total liability is expressly limited to the purchase price of the defective material. Except as provided herein A. B. Martin Roofing Supply LLC shall not be liable for any losses,damage or expenses, whether direct, incidental or consequential, caused by or resulting from the use of defective or non-conforming products. EXCLUSIVE OF WARRANTIES: 1. THE EXPRESS WARRANTIES AND REMEDIES STATED HEREIN ARE THE EXCLUSIVE WARRANTIES AND REMEDIES APPLICABLE TO THE PRODUCTS.ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLU EDED. Effective 12/06/06 A. B. Martin Roofing Supply LLC 150 State Road Ephrata PA 17522 * 35 Ridge Road Newvrtle PA 17241 For more informabcn please v:st us at www.abmartin.net Dec 21 12 08:22a Angela Black / Americom 717-5649738 p,7 Umitcd *:tai! !)nniagc Warranty: -Wolverine warrants that its vinyl siding products will resist damage caused by hail.Wolverine's obligation and warranty for hail damage is limited as follows:(1)the property owner must pursue the cost of replacement or repair of damaged vinyl siding products through homeowners insurance or any other avai6ble or applicable insurance,and(2)if the cost of repair or replacement exceeds the property owners insurer's payment/contribution(excluding any insurance deductible),Wolverine will reimburse the property owner the difference between the cost of repair or replacement of the damaged vinyl siding products,and dw insurer's paymcnt/eontribution(excluding any insurance deductible).In no event,however,will Wolverine be liable for or have any warrancy obligation in excess of the value of the hail-damaged vinyl siding products,or be responsible for or reimburse the tap lieabl insurance deductible,labor costs or other cons peining co removal or replacement of p e m vinyl sidingpmducts.Wolverine will also have no warranty obligation or liability for any injury to persons or damage to properetyy caused by hail-damaged vinyl siding produces. z°rliat rNe.=-operz;Q.vner Must Do: If you believe your vinyl siding products have a manufacturing dcfecc,hail damage,or faded beyond normal weathering you must promptly notify Wolverine in writing and provide proof of property ownership,the date you bought the property,and the darc of your vin)'I siding products purchase and installation.In order to properly evaluate and process a warranty claim.Wolverine may require you to submit a product sample to Wolverine for analysis and/or permit a Wolverine representative to inspect the installed produce,if required.Wolverine will evaluate each properly reported claim under the corms of this Warranty and will notify your of any additional information or product samples it may need to process your claim. Please send all notifications and correspondence to: CerrainTecd Corporation 803 Belden Road Jackson,M1 49203 ATTN:Consumer Services i°srarran•-•and_iraitn_tion o:R::medics: THIS DOCUMENT CONSTITUTES THE EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY WOLVERINE THE WARRANTIES AND REMEDIES CO•A rA[NED INTHFS DOCUMENT ARE•EXPRESSLY IN LIEU OF ANY AND ALL OTHER OBIIGA'r10NS,GUARANTEES AND WARRANTIES.WHETHER VCRrMN,ORAL OR IMPLIED BYSTATUTE OR AT LAW.STATE OR PROVINCIAL LAW WILL DETERMINE THE PERIOD OF TIME FOLLOWING THE SALE THAT A PROPERTY OWNER MAY SEEK A REMEDY UNDER THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WOLVERINE'S OBLIGAT]Ot:S,RESPONSIBiLITM AND LIABILITY SHALL BE LRMITEDTO REPAIRING, REFLIYDWG.REFINISHING.COATING.OR REPLACING THE DEFECTIVE PRODUCT AS SET FORTH IN THIS WARRANTY.IN NO EVENT SHALL\WOLVERINEBE LIABLE FORANYSPECIAL,INDIRECT. INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY AND,INCLUDING ANY DAMAGE TO THE PROPERTY,THE BUILDING OR ITS CONTENTS,OR FOR INJURYTO ANY PERSONS,THAT.%tAY OCCURAS A RESULTOF THE USE OF WOLVERINE'S PRODUCTS OR AS A RESULTOF THE BREACH OF THIS WARRANTY IFYOUR STATE•OR PROVINCE DOES VOTALLOW EXCLUSIONS ORLIMITATIONS OF SPECIAL,INDIRECT.INCIDENTAL OR CONSEQUENTIAL DAMAGES,THE ABOVETU.trrATIONS MAY NOT APPLY TO YOU. III NO EVEN':SHALL WOLVERINE'S TOTAL L!ABILITY ARISING OUT OF OR RELATM TO THE PRODUCT(S)OR TH15 WARRANTY EXCEED THE ORIGINAL PURCHASE PRICE OF THE PRODUCTS AND THE LABOR COSTS RELATING TO THE ORIGINAL INSTALLATION OF SUCH PRODUCTS. This Warranty may nor be modified,altered or mpanded by anyone,including product distributors, dealem sells,outaden and/or Wolve sAe field rrprrstntWiurs, This Warrantygiva you spec i/u'legal rights,and you may also have other rights which vary from State to State or No,vince to f rovme. Ibis Warranty applies to Piny1 sidin produal installed on or afterJanuary 1.2011. (7he warranty in�ct at the time the material a originally installed is the applicable warranty.) This Warranty replares all prior warranties F.ffccri�cdare 1/I/ll Dec 21 12 48:23a Angela Slack / Americom 717-5649738 P.8 Great Protection--The GAP Shingle & Accessory Limited Warranty it Protedioal-The GAF Stitt W bill IcMiery LondlidWacrrigr (a)Dunn}the Smart Choice Prafe6on Period GAF art pay you the tall ramble W (11 Damages rmdtrgfnm arefitirO o1h3r her an inherent manttacwtingdetectin apral#taaarxt That you fail Our whether sNr4ts;and/or a�smies from d let x to repair a reams arty diteive GAIF Shingles err koesoles(e�Yiding n3vGA= shinptes cr�sorim.such is Norilt Amtdca's krpesl m)Fag manufacturer-your bw",and safest chin,Whit t » rri 4)= r o your sfrnpes o tcassodes cr appatioa ion in aerrykctorsrxal lfulk+oryyoushpesaa aarAmliasmill lag.this Shingle and Ottraiscubl,cosl :AFs#ci.GAF01 primed apalrrationkuhaborts,it lie improper uaWl xisary Lusted Wrrottlyw s your astalt OftLes old accessory.including odpay to to off your s**s or accessoi3s,of to tispm of then ryas the taus:of the damap F ridge cpp sttgles GAF suf r son p shrglcs,Gk-leak 8amiet PmdL*.K GAF Root (b)Selament,mowment.a 3decls:n the beid6ng,.ores,foundaim or the rid Pratec4n Products,ant W Cotra4'Verdiadcn Products,inihe urrilah1 event diet (0:Alter eta Smart(h*0 Pmecton Period:Labor Nit no larger to ensured GAF's bast over%Arch ilf"shingles or, me$were V0;edL T contain a mart :urig deed. 't prmides great omwage that is`rimprorated' cottr ujw ioyou vet be armed on either pravidurg you with repacemeN GAF Shingles ic)Inadtquat9 au tendlator, vnp the CAKif uptnoat period of)o or ovtv�4 ghe Smart Gnome'Pf7A*n Q;Acce~so*,or al GAFs choice,rob Aso you kr:he reaseretle mst of rt:plaoe- M Damages re9.tfrg from ursu heyo:4 romdl vAmr and tear,such as: t(I?lieu cordnubc coverage for sdended pxieds of fire atayraals float'NS meot shirglts or aaaax its. The amount of shingles,asessedes,a rei mixt Mae p)ass of a gum,act as INi,fire,aids(Indudieg gists)ova to app'habfe w�*fy does net cover Imfilop m e traces.Basler FkrtP Vmilallon Ptecucis,am provided m you will b.,reduced to noted t°v3 use you two received from your shirgles speed listed atone,a Irt damwbtg above'he aere#s of ymi mat d-xit amen soUldch'ROdAnctw)rP#mtilasogotaimaxgatom far acupydtheimbo oraatresonts.The am[uncf use will teaiGdaed!wdhidut thinurrbtratmonths a GAF Watupmo Leak Barrier. sties covering tnese products wtidt new flaps d*a hstalkbon to the date at claim by IN number of months in i)imilr.of faegn ob acts or traffic on is mot the warranty Iwo. For a Lifetime, "the nvmbsr of mordis in the warraot/firm c"toper storage orlredlirg d std-f es or acomcrits. r YpR 1larany tasO Is deern*d to be GOD lot years 11-40 dole wxrarb arm For vial It And toyone t0}Shea q or variallore in the color d Ymrr slrngles or reg3 cap shingles or disc OefrJs tittF Li—*1110alk Skitiifes.SuSjma k tut granisioss of a Lifetime warrant',GAFs cowlthutor,Is 20`...Far tow mGlo,a you,rake a claim to ation or cortarnisatirn causes Di lurgos,meld lichen,agte leacept far Nue•g ldbw, at !kphdic Sltts$is utter than Mae.03yai 5ovtrtv}}�v,aid LffetirnaShim�k h1alled one**fanhTy torne afte:ycur stingies Jim been indafed agaA it iosr singles or afge cap shniies ivero labried rNi Ina StamGuar0k Arpin°Wtzthe VE0 Shingles and Ridge Cap and Starter Strip S-ingl�any for 25 yens 000 rmrid11SL GWS MMAI)ACh tit be rdL0111 by 3EN600 or 50". tf otter rortta nifuM.iidi drag that cased by ary}siit more trick a'ti to roof. tietrrie vwmrfy.at defned oekxri agarsol nletuiacdArtp dtktia anndd a Smad (e!Labor cash mpt as spediraty pro,)ded tot above,tisxst=ft tear-off v bid$9otear n FLOW of 10 years Ftewe To SeatAiitrw QfftafArd Oatppc What Is CtrrmN ole AN Fxfesiee Rem* and costs related to urdeda/merry(utks your claim irwolves a near— tai hiurathaMp Oefteix Other fTAF Aiph#tor 31digles 113rcuk6 tYeYherNixr' This Limited Fahn to Sea Uour-off lWai Outrage Warrant'is opitifinq wiNaed detect in a GAF itidetlaymveal)meta!xctk,and Lashing& tingles 1rt vhernr'kd againtt:aanuAicthinfnp defids kx 3Gyears:Rty1 SovueegrP an your shingles a ricgo rap ah(rgks si^Q fasttixd a'd installed strtlyrn arxordlaas {S,.0amage to fire frtaiior or exacta at to luikitsp,indu6rrQ,tai net Imitet tiMesaKwarrmtedbr2Sy#orsard5#1ur Shmgl3saraYSrnrshedlor24rt wkbGAFSaopictiimirstrudlois.This vananiydoesmtIgift staRar shingles. in*growlt. h$snare(7hvtas Prafedion period is 5 yaws inn tA3r 13s Vhsdtaerttavlocad Royal GAF wamaats is yai Shaft wu GAF Stdrgis a Ridge tip Shie Diet vYi rot i to seat heeralgn'Shtigtsatedio"rsiledis5 �SItofI% fisrsrrarsttAble aid doxanofWWndaraati from Ards(ioduckv gusts, ta the appficabiemindsped amUnobtfailConixmingCommit iskd adox aft#'par 9 :gtas err rldq tap sin she hate ss#od out did not dui Decisions as b the pert ab no.retovar,cr cleating required,and the reason *�Prciactla1 l'e, for rkfg3 cap A wirer$IAA SJtivates are cesutjed below. yp a rnantdaC ur rip de etS if S o ur s les or nddge rap shies do lei w seal.We ctut of such auk wi be rradssutely trf aAF.GAF resanes lie right to arrange Nn krrebtlidrso Odeft GAF Accessional tWal With Jury Staid 01 Lifetime off,or suffer wind damage.GAF cop rdmbors,you for the rew able costs of replacing Wr your shi Pies cr accessories t be reps red,retardedt or cleaned instead of rt tpkatlt Shfogte. %Veen you Instal tine a mere of the GAF Aasscry'coduz the olown-all tar d=7w ftcles or ridge rip shingles;and wz seating»;unsealed busing you For side wale Tfte rumeCy tanda iris raranq is atraivable pct!Wr S tied above on yotr roof vdh any twill of Umorre Asphaltic Sh ogles,your GAf shingles or edge rap sgee,Costs Mod to uitderta/merut mend work,arc nashiov sningtes and aommies actuateif ddti ma�itaaudn;defects or Ape discdora ttssadty Products rrry a ietrnt vary is titanic It aaarna manatadJr. are rid iordWad.GAFs ma#ir inm ability on*this paragraph f to reirrtarse you la at tut irnm ya,t claim is sedkd l ny rep -;m st shirgts a famew-rir s wil x g d*:1s and a Srtrt Ghoul?Nat ion Period d t 0 years.WV, i 1W the cost r#hiid-staing all W the stingits or ridge cap shingles on your mot ranted orly'err 9sc remainder of the original warranty pedA GAF riserm the i 04 tree of the AM-Eaed GAF Aices#d'as cA your mot rrdl any trod of Uf3tise W Otsconf rue or(notify its shingles or a ca=ries,ii"g ft cobrs aaaaabie #o6.Shirgies.yatr GAf Ar og Rodt:ds Or a 10 yar vraffaruy agave VAnd Speed Coveragfa Wind Speed Corerege err,replacemess shingles or accessaces Any not be an tact maxh for The shingle radictwing ddmt are a 5mgsf Chsnce PralaetiDun Period m 5 years. aith speciet inoullattme wlthout hgedal isotdi idol atcassor. on roar iod.Even i Gat does W mbdih/a sonar,repam r sort srengle earl#ettrkgOdtdtc GAFACUaafatk#dWiiApyCiherAspkaiteShkgi9a. S�11 ( lnraVls mph/gwm accessaesma^noontifiymra*,W dolija soracaessones due tonwanalwrid then you it W orn a mom of the a%v4sted GAF Accesoits on your mail rrth t3Q23T1' 1}tY1 5 Irg,manutadu/vg variatiins,or cater lacers. Ehard d roA�fledme Asphaltic Siingtes,your GAF Accessory Preli.cis carry Ateptts'VfgfieaMarf' 861130 00;130 Caches Will You Mud 00 2S ricer vArrs*aphd manu!xtL"defects and 3 Snap Choice'ttatafoo Roril Sorer' 3 Smird= iiE1�iT 60156 You mat notih GAF;MA ary claim wiihir 31 daps der rnu melee a problem i sib at S}sue. n�will off cavertd up to the maximum wind speed above Oit.Y if arovide pmo`of the date your shlatks at acussares vvtfe 3ppiad and that o tutee ft t1191m t: The void'tteim►'means as io, as you,the 'Your stn 'u1 y odpinil yaur shingle;are insta led using S wile per slengk and you urea GAF Starer 'At over z that bee(err that fw trurarK/vas propt'N transtarnd to yar)• yon, AW(or to second owner a coverage vas property tnrAeiad during lie Sold Siri Products installed at the lives and rakts. dartiAT 3 Uhdine warrant'on air GAF Accessories you mist also prawi63 prw aW Protection Pend),ammo the progeny wwe Uhe sthg�aad(a acnsan3; the 0103(s)your Me or main GAF Ancesso5a#rid UTaknt Shmakes ecru apps r installed ilia Lifetime vwmrry and i r Smart C1olo#c Prdeden Pedol naNetltp yrNiat Weeke You must either rat GAF it 1»600»458»1860 about k�otir calm.ci send a Atoke to E t atpNhbis aNy to #cold accesses es iraraffed on a ' e idTiy detached P. Cap$ j Institution h;k in r/ridiig to: GAF,Warranty Senk:Department.136f Alps RM,Vftne,Barr ion itaxe armred M i Ills, Fe any other lyre of oiv tar tit ding such u 1 0747Q USA. Your tat then tie provided vA i complete duals#!duct subadding p r(grition 06 o cittyy,r_fijuas rrfrsv,cadom ini;#r x tsomioNnor 1340• Tumoe oo&Ridglasst, 130'209" 11WI75 claYa.GAF may reet.*d you to sane to GAF.at yw ownse.sank stingles a aac tort etaaoi ap#rvxrrT tul0irg,A(bu id or mutt-use struclpe,the Ipypl A aAtr GAF i* • es $mw* 7Cft12 sod"�tesfig a 3d photographs.Vift a r ED"b't time am prayer Oka Lob ooaarty is to years and lie Smart tlw a"Prateciian Period is 5}tars GAF w ll eraLale your jai i�dd rest lve it it aacada�a arth then trans d S#s uarrar Ape So ipL'1loe ofAAAled Oanape.GAFF Uk6me S!inp es.Tina mnece Ridge ..Your d*-zap shingier A be c0rered tip to t1t magmurn vind speal above ONLT Arty dam tar shingles or accessories mtdch tart been repkced befart aub#yinq GAF i ltintgks and tTid, Rau Cap Shifts are anamed agairat Ittire to se#( N your ridge eap sltin�Ia art iistalkd UstiEl axaidan;m Yrdr tie'M#vimun Rind Sour idaim may be retied.MOM Kaded to their toetader,deater,r home brig )Shit lid std damage far t5 Years.Atsifier stdngfts alhp even starter nd4ps Speed Coventle Under Ltd. our s&*4 d tte applicable ddgt tap sNasplr Is Not notka h GAF.You should ragit the rraraey far your accords in Sri saiMi ( sca6on i t; coin s. even that yoc reed to Re 1 elate. loft ridge tap sh tepee are caraaI`err 5 years.There K rA corengi b»fawn It*V w4tMA*.,d damgefarlryy other OAF aaoastay procucd5. NOW AI self-staling sk'ndlts and allot cap sh'ingks,inclL*y GW&must tae s POW Sole And Fstiunhs at DIK*rAmm. i11 SWrOvariP-labeled 514ngles and Rld1e Cap Shingles in k wur•svn+y candiierr for several days before Wt'wryiiefdy suit Eefore aaviirg THIS WARRANTY Warranty AND PEtk.J M Al 0Tt181 WAMAUT9 wild ayinft still dscaoloator:ix 11 years There is to c"Vt icf algal oaurs,s+unoys and r Qp ingles are vulnerable to b'OY45 re VAnd der I- COta01TIOIE FORESE11TATTONS AND GUAftAttrER TNHUKR 97RESS daaian to#ry other GAF=awry praduuls Shlts andridge ap tar taadd is all Of V`eef mays not std st)the WON' IMPLIED W F_t1SA BY STATUTE.AT LAW OR•N Et1UtTY,INCUJOING TT#IMPLA i tg sing. 9�.arorpIS a ridge ap drkh�es*0 an nit espesed to direct stAO or WA4RNFiTES OF HERD ANTAERM Ah)FITNESS FOR A PARTTCtW PJRvikc t Grand Thle umttat twmi lnadenbil Wort robe sudicelemporitores at that are net fastened ct inaa:led pmpeft/may near This w ithen r,,smahty is your andudve warnamy km GAF and re�ree.am tit So d1 MYt M seal ftiarrtsbsetthirw9tls,a+dxinada age�ndertKSeo'ramatanCesrewehomr REl1EOY#viiatkba rnwerdG FShin aAotesBOrks.GAFferd NOOTHI t coverod by this varsity 1 you Ina in the United States a Canada at an the tits nature of sell-mlirgsh nges and ridge w shingles,tort a marmufictwingdelect,and �} iPFC IVO%w(s.atAabuiiCeno riraiffetla•tne1imtsubuqueMawn flittis ar;n)tcoverejuntlerthsrha REF9ESFiJTATiOeJE.f tlliTgAS,GtMRA £ES OR41AFttAttfiESc#aemryyi6nddh e1wupe*f0'rshmid. hen hatslandhmein.G# 011NOTSELNJILEINAi f6,XNTFORCO ISE0ltRMA 011giat tNscolaaliee:What It Camt4ore And Fxcleslet PUNITIV&SFEM WCIDENTAL,OR OTTER SIMRAR CAII AGES OF A,,Y KIN miled Warany rear betatedpnee ft' r iT. Indtdmg DANAC•E TO TIf INTERIOR OR 8MRICR OF AY 8'XVNG,wfellvr f aid/#rite.Tarssapndownerrealmat GA' TFhs StainGuard°ti had Warranty applies cut'to shingles and raga OP SNrrgks Sol iq within 60 days aft Ste grunt;transfer fcr oaramy coverage to be trans- sold im pies bearing the Sfaluard-figo. GAF hvanants to im that floe•green j riR U this net E , 1-c adalon strict fati ati Ih toll•a br f W offer atep.V der iOther fun ids one tenth,ids vrrarly'nay net be transferred or assigned agat also Inorm a�y�ppacrrai III not Ouse a pm-evitoed orvixs of volt ap�so the above�ois a 1'niahoou Ali not v*to you. a trors901 cVJd sir or iirecf y.) d tit transfer likes Duna Nthn the Sand Chace Pritecion �n�uit'labekq ShImpt3s or Ridge Ca shingles. During tors Big year,it your the Mad ourner is ended to the satire tpvwp is Ire cripirW Mutt. t the StainG arsf3•iabeled Shir us or R+ Cap higks eftit a pronucmced dfsmloraticn r tales pace aftrwards.the[trip•3C IM warranty shall be mdcced to the ecru- caused 3V muo-green aigat,GArs ccentdtaAorr wi ho either the mambie C07 of ijds Limlad G murrarr4 vbd ata't a arnersttlp ctuarges it therm s a dried during ads twayear pave! camntgaa/ Ckanlg year shngtas ar rfdg tap sttuglhs err.at 6aiFs tipgarn teptraq Tiffs t intact Warranty maF rhrri hem cts raged err r+o tad Except n v dtng•siQ_ned t tientrm insntt to as seow wwr xit be based any on the yaasonabta cost discolored sfdigles or Ripe lap stuttgks,up to a rteaintarta a ihd orlpha!cost d tut an dfic�d GAF. Na one(taper turn of officer of GAF)has the lh yw to warm faemert vVigles of appiatle aoiasonas,*edwd by she amour+of use tat atf3ctedsting4sar rege cgf sHnrjes Do* She nmarder of the$Ak Guard"Umted any#sar;es a ialdiry or raspaas thiiry car GAF fn's Yor#on Nith youu oeinpsir d rr rrDeived fro n due she ngks a 10WfOlk a teladr is hen dirk x installation Wardady period,GAF's tantdbutiaz to you xit be redtictd W me the amount of ase �a �e01 a3 G#scdbii in this wirraAtj.Tits rarruh pivot veer scetdtc 1tg i the c#st of claim. you have removed tom our shatngdes at ridtu cap sNr#es stne ox shingles or ridge the,ty you may turn e F rights rm iml rma lien}uis/coon!0luraso text (Nsa A }} rig y � Wartarty s��bima b ti�anpm For airror4 iMorratat vtiviT vrsrr.gaf.to�or mite is OA eOrit1 oeteota WCy#!Is CfWtrtd.'Sale hat Exclusive Rent cap shirgfos were irsndled 110r.,rtdvoed by a percentage equal to the number of at 1361�Road.Win,u D7470.USA,Attu Warranty Service Deparimec j e1 mares Can the hiaftatiay orate to tine cafe of claim civldec by 1201.Mole:Prevenirg utwrN Company,I.I.C.a sdbsi6ery of GAF,varrams fhat your GA.;R,00fng pmaaxxeda discoloration ofyoxsitiogiesorridgecapihingksisachieved Ededkoate ;%1 amain free Iran maiahclarFy defects lei aduerset/affect ihek Perfor' :hrotph(drme 31a�tuaugh unlqut ttexs of granule. fTis Liiiiitd Y/x2 is r(tettvt for GAF As ngl d#dnc f to appiaYc Smart t haire T'at ion Pence or Gat Ouse leaks for'ne n.Y pfaltic S i 3s aW GA=Aatao93 What Not CIVEN i k nsttLed ether Janary 1,2012 On from minutacAnrg delads that adrxA aled th,.r pedomihaKe dudnp 6 En t your shingles x axtsscries nr re riot pmpmdT butaiftcf aaxamin0a W GAF's appFi- kilit yvaramy Prm. Mote Fail an W s2a*blortlfshird damag3 and algae arum htstructiors)r bT stli and goat rcahrag p adaces,this Limike tNarrany fannies Aix are mverad separi'oy,belxv. in Ad-HvAopr.GAF coil NOT compensan ye/lot. tal GAF Shingle&Aocessocy Ltd.Warranty'Registration Ftmn Owner Wa=ty Record ..'ui__-- •_��"1-_._i]'�;r_'"'_ .fr%f?t_i:!rc era-n il-1_Fti;3inio-Ti�iio;^.�:K�..f:ijc!;•".t t` To be cam pietedbytxvrttrarxft�rttracbDr.lttepihiswarrariLyrectrd'm'tft :. :i_':, -F F.C._,.;3-_. r-orTar.--..15"27-0395 S;,. a �e 'r r!, -r' durcomfect-331"S ttOr futurereferende. J.i i;OT SEEFfj TG a F. U.. (.tell:: e+Ji�..aixfr i.,net ,.i--.a for f eraG .i` Owners NamE rrner s Name Phone{ ) Address Where Installed !dress h/ State/Province— Zip CodWPC • City (dress of>a tlldl State/Province Zrp CodaiPC rig,if different Y StatetProvince Zip CorddPC ' Contractor's Name r.. VERIFICATION The foregoing Answer and New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel,it is true and correct to the best of my knowledge,information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S.Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I,Mary M.Price,an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David Martineau, Esquire Melissa Kelso, Esquire SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 MARTSON LAW OFFICES By %'1, 0-4tv� Mab V rice Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: r. r^ ! F is f'' ; Salzmann Hughes,P.C. fI ; z l t David Martineau �i t Attorney I.D.No.84127 r, , ... Melissa Kelso [ ��l Attorney I.D.No.306793 10 At!1/: r r� 354 Alexander Spring Road,Suite 1 f+�� Q[I '1 V Carlisle,PA 17015 L A Ng Telephone:717-4 249-6333 PEENS Y`t.VA 8a A�t4 T�/ Fax 717-249-73 Attorneys for Plaintiff MIKE BLACK CONSTRUCTION,LLC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :No. 13-2069 DANIEL THUMMA AND DONNA THUMMA HUSBAND AND WIFE CIVIL ACTION-LAW Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIMS AND NOW, comes Plaintiff, Mike Black Construction, LLC, by and through its counsel, SALZMANN HUGHES, P.C., and hereby replies to Defendants' New Matter and Answers Defendants' Counterclaims as follows: Reply to New Matter 19. Plaintiff incorporates Paragraphs 1-18 of its Complaint as if set forth at length. 20. Denied as a conclusion of law to which no responsive pleading is required. 21. Denied. The averments of this paragraph are specifically denied and strict proof thereof is demanded at trial. By way of further response, Plaintiff did not deceive or mislead Defendants in any manner and performed all work at issue in a workmanlike manner. 22. Denied. Plaintiff is without information sufficient to form a belief as to what Defendants relied upon and strict proof of such is demanded at trial. By way of further response, Plaintiff incorporates its response to Paragraph 21 of this Reply. 23. Denied. Plaintiff is without information sufficient to form a belief as to what Defendants relied upon and strict proof of such is demanded at trial. By way of further response, Plaintiff incorporates its response to Paragraph 21 of this Reply. 24. Denied. Plaintiff does not recall making any specific statements regarding his qualifications and/or competency as a contractor beyond mentioning that he has performed the type of work he would perform on Defendants' Property previously. 25. Admitted in part and denied in part. It is admitted only that Plaintiff contracted to replace and install siding on Defendants home with vinyl siding. By way of further response, Plaintiff installed the vinyl siding chosen by Defendants. 26. Denied. Plaintiff properly provided and installed the vinyl siding chosen by Defendants. 27. Denied. Strict proof thereof is demanded at trial. By way of further response, Plaintiff performed all work at issue in a workmanlike manner and in accordance with industry standards. 28. Admitted in part and denied in part. Plaintiff admits that it purchased and installed siding on four(4) sides of Defendants' house. Plaintiff denies, however, that this work was performed without Defendants' agreement. To the contrary, Defendants requested that Plaintiff install siding on four(4) sides of their house, thereby verbally modifying the terms of the parties' original agreement. Strict proof thereof is demanded at trial. 29. Denied. Plaintiff specifically denies the averments of this paragraph and strict proof thereof is demanded at trial. By way of further response, Plaintiff performed all work in a workmanlike manner and no defects existed in Plaintiff's work that would require correction by a second contractor. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants and award Plaintiff all damages, costs and fees deemed just. Count I—Breach of Contract 30. Plaintiff incorporates its responses to Paragraphs 20-29 as if set forth at length. 31. Plaintiff admits only that it entered into a Contract with Defendants, a portion of which is attached to Defendants' Answer with New Matter and Counterclaims as Exhibit"A." Other Estimates exists beyond the Estimate dated August 15, 2011 as Exhibit"A." Exhibit"A" is a written document that speaks for itself. Plaintiff denies any characterization of this document: 32. Denied. Plaintiff is without information sufficient to form a belief as to what Defendants did or did not rely on. Further, the written documents make no assertion or "promise"regarding the quality of work to be performed. By way of further response, Plaintiff performed all work in a workmanlike manner. 33. Denied. Whether Plaintiff breached the contract at issue is a conclusion of law to which no responsive pleading is required. By way of further response, Plaintiff specifically denies that it breached the contract at issue. Plaintiff completed all work in a workmanlike manner. 34. Denied as a conclusion of law to which no responsive pleading is required. Plaintiff specifically denies that it breached the contract at issue and that its work was of poor quality or that this work required that Defendants hire a second contractor. Strict proof thereof is demanded at trial. 35. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Plaintiff did not breach the contract and did not perform any work at issue in a less than workmanlike manner. Plaintiff's work did not cause Defendants any damage or injury. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants and award Plaintiff all damages, costs and fees deemed just. Count II—Breach of Warranty 36. Plaintiff incorporates its responses to Paragraphs 30-35 of as if set forth at length. 37. Admitted in part and denied in part. It is admitted only that Plaintiff provided Defendants with the written document attached to Defendants Answer with New Matter and Counterclaims. It is specifically denied that the parties intended this document to be a legally enforceable warranty. Rather, Plaintiff supplied this document to Defendants upon their request after the parties had already entered into the Contract at issue. This document has no "effective" date. 38. Denied. Plaintiff incorporates its response to Paragraph 37. 39. Denied. Plaintiff incorporates its response to Paragraph 37. Exhibit`B"is a document that speaks for itself. By way of further response, Plaintiff installed the siding agreed to the by parties. 40. Denied. Plaintiff specifically denies that it performed any work in a less than workmanlike manner. Plaintiff's work therefore did not require correction by a second contractor. Strict proof thereof is demanded at trial. 41. Denied. Plaintiff is without information sufficient to form a belief as to the averments of this paragraph. Further, Plaintiff specifically denies that it performed any work in a less than workmanlike manner. Plaintiff properly performed the work requested by Defendants using the materials agreed to by Defendants. Strict proof thereof is demanded at trial. 42. Denied. Plaintiff denies that an enforceable warranty exists between the parties. Further, Defendants failed to provide Plaintiff with an opportunity to remedy any alleged defects. Finally, no problems existed that would require correction. Strict proof thereof is demanded at trial. 43. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Plaintiff denies that it caused any damages or injury to Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants and award Plaintiff all damages, costs and fees deemed just. Count III—UTPCPL 44. Plaintiff incorporates its responses to Paragraphs 30-43 as if set forth at length 45. Denied. Plaintiff is without information sufficient to form a belief as to what Defendants did or did not rely on. By way of further response, Plaintiff performed all work in a workmanlike manner. 46. Denied. Strict proof thereof is demanded at trial. By way of further response, Plaintiff performed all work agreed to by the parties in a workmanlike manner. Plaintiff utilized materials agreed to by Defendants and any changes made to work to be performed was requested and agreed to by Defendants. 47. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Plaintiff denies that it performed any work in a less than workmanlike manner. Plaintiff's work therefore did not require correction by a second contractor. Strict proof thereof is demanded at trial. 48. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Plaintiff denies that it performed any work in a less than workmanlike manner. Plaintiff's work therefore did not require correction by a second contractor. Plaintiff further denies that its work caused any damage or injury to Defendants. Strict proof thereof is demanded at trial. 49. Denied as a conclusion of law to which no responsive pleading is required. 50. Denied as a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants and award Plaintiff all damages, costs and fees deemed just. New Matter to Counterclaim 51. Plaintiff incorporates Paragraphs 44-51 of this Answer as if set forth at length. 52. Plaintiff did not provide Defendants with the written document attached to Defendants' Answer with New Matter and Counterclaims as Exhibit`B"until after Plaintiff and Defendants entered into the contract at issue and the work was completed. 53. On or about December 20, 2012, Defendants contacted Plaintiff to request that Plaintiff provide them with a written"warranty" for them to provide to their bank. 54. In response, Plaintiff provided Defendants with the written document attached to Defendants' Answer with New Matter and Counterclaims as Exhibit`B." 55. Plaintiff received no benefit in exchange for providing the written document attached to Defendants' Answer with New Matter and Counterclaims as Exhibit`B." 56. No consideration exists to render the written document attached to Defendants' Answer with New Matter and Counterclaims as Exhibit`B"enforceable. 57. Further, Defendants could not have relied upon this document when entering into the contract with Plaintiff because Plaintiff did not provide the documents to Defendants until they requested that he do so subsequent to the parties' entry into the contract at issue. 58. Plaintiff at no time misrepresented his abilities or competency as a contractor. 59. Defendants failed to follow the procedure set forth in the written document attached to Defendants' Answer with New Matter and Counterclaims as Exhibit`B"that would permit the contractor an opportunity to cure any defects that they claimed existed. 60. Plaintiffs obligations under the written document attached to Defendants' Answer with New Matter and Counterclaims as Exhibit`B"were never triggered. 61. Plaintiff did not intentionally or knowingly fail to comply with the terms of the contract between the parties. 62. Rather, Plaintiff performed all work in a workmanlike manner and as requested and agreed to by Defendants. 63. Additionally, Defendants failed to provide Plaintiff with an opportunity to cure any alleged defects in the work performed. 64. Defendants removed and replaced the allegedly defective work provided by Plaintiff before providing Plaintiff with an opportunity to inspect or evaluate the work or Defendants' complaints. 65. Plaintiff cannot now inspect or evaluate the work or have a third party inspect or evaluate the work. 66. Defendants' spoiliation of the only evidence of Plaintiff's work precludes Plaintiff from being able to properly defend Defendants' counterclaims. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants and award Plaintiff all damages, costs and fees deemed just. Respectfully submitted, SALZM HUGHES,``P"-.C. Date: By: x David Martineau Attorney I.D. No. 84127 Melissa Kelso Attorney I.D. No. 306793 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Telephone: 717-249-6333 Attorneys for Plaintiff i VERIFICATION I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. MIKE BLACK CONSTRUCTIO LLC. By: Mike Black Construction LLC Date: ��.� C)o �� CERTIFICATE OF SERVICE I hereby certify that on this E day of July 2013, I served a true and correct copy of the Affidavit of Service by first class mail postage pre-paid to the following: Christopher E. Rice, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendants Respectfully submitted, SALZMANN HUGHES,P.C. By: Melissa L. Kelso, Esquire i �j_L)° "i it, _ i ,r FAFILES\Clients\15090 Thumma\15090.1.response.nm.wpd .+, 1_g E-i Christopher E. Rice, Esquire -1013 JUIL 24 AM 10' 29 Attorney I.D. No. 90916 CUMBERLAND COUNTY Katie J. Maxwell, Esquire PENNSYLVANIA Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants MIKE BLACK CONSTRUCTION, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013 - 2069 CIVIL TERM DANIEL THUMMA and DONNA THUMMA, Defendants RESPONSE TO NEW MATTER AND COUNTERCLAIM AND NOW come the Defendants, Daniel Thumma and Donna Thumma, by and through their attorneys, MARTSON LAW OFFICES, and hereby responds to Plaintiff's New Matter and Counterclaim as follows: 51. No response is required. 52. Admitted. 53. Admitted, and by way of further response, Plaintiff repeatedly indicated during the course of his work at Defendants' home that he would warranty all of the work he performed. 54. Admitted. 55. Denied as a conclusion of law. By way of further response, denied for lack of information and belief. 56. Denied as a conclusion of law. 57. Denied,to the extent that a response is required, Plaintiff repeatedly indicated to Defendants that all of his work would be warrantied. Plaintiff voluntarily provided the warranty documents once his work at Defendants' home was completed. D 58. Denied as a conclusion of law. By way of further response,it is evident by the work provided by Plaintiff that he did not have the ability or competency as a contractor to perform the service requested by Defendants, and Plaintiff remarked to Defendants about his 20 years of experience as a contractor. 59. Denied as a conclusion of law. Denied as the document and the procedure set forth within the document speak for themselves. By way of further response, Defendants did notify Plaintiff of the issues both directly and through their counsel. 60. Denied as a conclusion of law. By way of further response, Plaintiff s obligations under the warranty were triggered as soon as he was notified of his work's deficiencies by the Defendants. 61. Denied as a conclusion of law. 62. Denied. Plaintiff failed to perform the work in a workmanlike manner and as requested by Defendants. . 63. Denied. Defendants contacted Plaintiff on three occasions requesting that he correct his work as guaranteed under the warranty. Plaintiff returned to Defendant's property on January 14, 2013, and his only reply to the Defendants was that his work was satisfactory and did not require repair. 64. Denied. Defendants notified Plaintiff of the issues and were in contact with both Plaintiff s insurance company and Plaintiff s attorney advising them when the property would be inspected by a third parry. In fact, Defendants' attorney inspected the property with Plaintiffs insurance company representative to show the damages. 65. Plaintiff had plenty of opportunity to inspect the work and read the various reports produced by Defendants' mortgage company inspector and Plaintiff s insurance company inspector. 66. Denied as a conclusion of law. MARTSON LAW OFFICES By. Christophe ice, Esquire I.D. No. 90916 Katie J. Maxwell, Esquire I.D. No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?��Z y `13 Attorneys for Defendants CERTIFICATE OF SERVICE I,Ami J.Thumma,an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller, hereby certify that a copy of the foregoing Response to New Matter and Counterclaim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David Martineau, Esquire Melissa Kelso, Esquire SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 MART N LAW OFFICES By Ano. Thu en East H Street Carlisle, PA 17013 (717) 243-3341 Dated: � � 4 Salzmann Hughes,P.C. David Martineau Attorney I.D.No.84127 Melissa Kelso F I L E 0-O F F11 tC C. Attorney I.D.No.306793 O THE P O T HON O TAR',i 354 Alexander Spring Road,Suite 1 Carlisle,PA 17015 n Telephone:717-249-6333U€ Si Fax: 717-249-7334 Attorneys for Plaintiff CUMBERLAND COUNTY PE NSMANIA MIKE BLACK CONSTRUCTION,LLC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. Plaintiff : PENNSYLVANIA VS. : No. 13-2069 DANIEL THUMMA AND DONNA T14UMMA HUSBAND AND WIFE CIVIL ACTION-LAW Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party (2) parties agreed to waive the twenty day period and the Defendants have no objection so that the subpoena may be served upon filing of this Certificate; (3) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: Melissa L. Kelso Attorney ID# 306793 79 St. Paul Drive Chambersburg, PA 17201 717-263-2121 Attorney for Claimant Mike Black Construction, LLC Salzmann Hughes,P.C. David Martineau Attorney I.D.No,84127 Melissa Kelso Attorney I.D.No.306793 354 Alexander Spring Road,Suite 1 Carlisle,PA 17015 Telephone:717-249-6333 Fax: 717-249-7334 Attorne is for Plaintiff MIKE BLACK CONSTRUCTION,LLC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. Plaintiff : PENNSYLVANIA VS. No. 13-2069 DANIEL THUMMA AND DONNA THUMMA HUSBAND AND WIFE : CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Daniel Thumma and Donna Thumma C/o Katie J. Maxwell, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Plaintiff, Mike Black Construction, LLC intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: Melissa L. Kelso, Esquire Attorney ID # 306793 79 St. Paul Drive Chambersburg, PA 17201 717-263-2121 Attorney for Plaintiff Mike Black Construction, LLC 10/11/2013 05:53 7172580862 TRI COUNTY ABSTRACT PAGE 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIKE BLACK CONSTRUCTION,LLC PlWWW . File No. 13-2069 VS. DANIEL TWMMA AND DONNA THUMMA Defendant StT, POENA TO PRODUCE DOCUMENTS OR TIHNCS FOR DISCOVXRY PURSUANT TO RULE 4009.22 TO: Ton Fetterman, State Farm Iasurarlee Agency (Name of Person or Entity) Within twenty(20)days after service ofthis subpoena,You are ordered by the court to produce the fallowing documents or things: Any arld all documents related to Claim Number 38-1 H50-021 regarding property located at 357 C Street, Carlisle,PA 17013-1832. at Salzman Hughes, F.C., 79 St. Fain Drive, Chanibersburg, PA 17201 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of Compliance,to the party making this reque,St at the address listed above. You have the right to seek in advance the reasortablc cost Of preparing the Copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order oon4xlling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: brdina L.Kclso.Esquire A1)1)RESS: Ss►>aa+-lrushes,P.G, 79 St.Paul Dews QwMmsb M PA 17201 TELEPHONE:-M10M2121 SUPRENI 0 OZIR'1' _an�7s3 URT. rvil Vi lsioa =- 8 7. _" Dcput CERTIFICATE OF SERVICE I, Melissa L. Kelso, Esquire, hereby certify that on this day of August 2013. I have served the foregoing document by depositing the same in the United States Mail, first class mail,postage prepaid, addressed as follows: Katie J. Maxwell, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 t .Melissa L. Kelso, Esquire CERTIFICATE OF SERVICE I, Melissa L. Kelso, Esquire, hereby certify that on this --(— day of September 2013. 1 have served the foregoing document by depositing the same in the United States Mail, first class mail,postage prepaid, addressed as follows: Katie J. Maxwell, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 r r Melissa L. Kelso, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA• Mike Black Construction, LLC Plaintiff • NO 2013-2069 CIVIIj M VS rn --r r'l Q r-je.`a • co I— Daniel Thumma and Donna Thumma : o o -- c Defendant c �• RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially m4the following form: -% c- THE PETITION FOR APPOINTMENT OF ARBITRATORS 1 d- Sd TO THE HONORABLE, THE JUDGES OF SAID COURT: Gr ;WO/ Christopher E. Rice, Esquire , counsel for the plaintiff/defendant in the above 2 action(or actions), respectfully represents that: 1. The above-captioned action(or actions) is(are)at issue. 2. The claim of plaintiff in the action is $28,992 The counterclaim of the defendant in the action is 14,763.64 (plus treble damages) The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Melissa Kelso, Esquire/Salzmann Hughes, P.C. WHEREFORE,your petitioner prays your Honorable Court to appoint three (3)arbitrators to whom the case shall be submitted. Respectfully submitted, MARTSON AW OFFICES S BY: Christopher E. Rice, Est -ire ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Court, KEVIN A. HESS, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mike Black Construction, LLC . Plaintiff No.2013-2069 CIVI '1 VS r r -�.. • r- 1\3 "Z) Daniel Thumma and Donna Thumma : r Defendant • r T. C) -, RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially irie . `• :z following form: - THE PETITION FOR APPOINTMENT OF ARBITRATORS '7 oar-S PiwY TO THE HONORABLE, THE JUDGES OF SAID COURT: er f .17107 Christopher E. Rice, Esquire , counsel for the plaintiff/defendant in the above 5---9 action(or actions), respectfully represents that: 1. The above-captioned action(or actions) is(are)at issue. 2. The claim of plaintiff in the action is$28,992 The counterclaim of the defendant in the action is 14,763.64 (plus treble damages) The following attorneys are interested in the case(s)as counsel or are otherwise disqualiGd tc 'it as arbitrators: r Melissa Kelso, Esquire/Salzmann Hughes, P.C. rn WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrat ,to CD—rs whom the case shall be submitted. c-a Respectfully submitted, ' ' MARTSON LAW OFFICES BY: h Christopher E. Rice, Esquire ORDER OF COURT AND NOW, 6ezyyte c25 , 20/3 , in consideration of the foregoing petition, 9itfdn4zL. Esq.,and ))eirritta..., Esq., and /&. Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, 4 4,,ate6414 KEVIN ESS, P.J. (yoA, / ar ��facco /1- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mike Black Construction, LLC Plaintiff c, NO.2013-2069 CIVI 1 VS rn c.D :2= r-- Daniel Thumma and Donna Thumma : o c Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially 414e following form: THE PETITION FOR APPOINTMENT OF ARBITRATORS wo d°�` TO THE HONORABLE, THE JUDGES OF SAID COURT: fir_ a 17 20 7 Christopher E. Rice, Esquire counsel for the plaintiff/defendant in the above �y action(or actions), respectfully represents that: 1. The above-captioned action(or actions) is(are)at issue. 2. The claim of plaintiff in the action is $28,992 The counterclaim of the defendant in the action is 14,763.64 (plus treble damages) The following attorneys are interested in the case(s)as counsel or are otherwise disqualil2d tit f 3 w as arbitrators: M i.'. Melissa Kelso, Esquire/Salzmann Hughes, P.C. WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitraxo .`; < 'X , whom the case shall be submitted. r-, :x -_-- C,, Respectfully submitted, MARTSON AW OFFICES BY: Christopher E. Rice, E-sgtrire ORDER OF COURT AND NOW, 025 , 20/, in consideration of the foregoing petition, 61f_&W42 Esq., and Esq., and > 041- . Esq., are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Court, KEVIN ESS, P.J. .r. Mk W &o gc, C owjS p.ocao,,L) [�C In the Court of Common Pleas of Cumberland Plaintiff - Z d6 MUD J lCl, ►1�r9�n��vLJ4 i1�,Nv7f ,ti` County,Pennsylvania No. y Defendant . Civil Action—Law. Oath We do so s ly swear(or affirm) hat w will support, obey and defend the Constitution of the United States and the C nstitution of this o ealth and that we will discharge the duties of our office with fidelity. Signatur -8'1gnature Signatur .I0- -V1 �, Name (Chairman) j Name / Name 1 L—aw Firm �— Law Firm LA Firm ss Sup Zc� N:;o z1 ,0,4 Address Address Address Iz;7/ /�113 City, Zip City, Zip City, Zip Award We,the undersigned arbitrators, having been duly appointed and sworn (or affirmed),make the following award: (Note: If damages for delay are awarded,they shall be separately stated.) VJ C- ��a ,� I ivOt-r- Wn, Il�7n,�,vr- i n-1V4 �'M UC,D .Arbitrator, dissents. (Insert name if xa1p3p4li,c U e .) Date of Hearing: a— _I U Date of Award: a, (�Jl (Chairman) Notice of Entry of Award Now, the , day of S , q _, 20./�/ , at �2 M.,the above award was entered upon the docket and notice diereof given by mail to the partie§.or their attorneys. Arbitrators' compensation to be paid upon appeal: $ YlLSO By: Prothonotary Deputy F lt-%U-OFF I;E -HE PROTHONOTAR'f 2014 FEB -6 PSI 2: 57 CUMBERLAND COUNTY PENNSYLVANIA t-ell hle %`ss4 =L. ��c