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HomeMy WebLinkAbout13-3349 Supreme Court Hof Pennsylvania COur. Of Common, Pleas For Prothonotary Use Only: Civil'Cover >Sheet f ; Docket No: Ctam6erland ` County 13 The igforination collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons Petition FJ Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Timothy D. Hoffman Jason Texter T Dollar Amount Requested: El within arbitration limits I Are money damages requested? El Yes x, No (check one) outside arbitration limits O N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? X Yes 0 No A Name of Plaintiff /Appellant's Attorney: George Douglas, Esquire Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional [3 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution El Debt Collection: Credit Card 0 Board of Assessment ❑ Motor Vehicle Debt Collection: Other Q Board of Elections li Nuisance Q Dept. of Transportation - i Premises Liability 0 Statutory Appeal: Other S Q Product Liability (does not include ❑, Employment Dispute: mass tort) E Q Slander/Libel/ Defamation Discrimination C El Other: El Employment Dispute: Other El Zoning Board , 0 Other: I E Other: O MASS TORT El Asbestos N i- Tobacco 0 Toxic Tort - DES E] Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Q Other: [:1 Ejectment Q Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent E] Mandamus El Landlord/Tenant Dispute 0 Non - Domestic Relations E] Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY I - , Mortgage Foreclosure: Commercial El Quo Warranto El Dental El Partition Replevin Q Legal 0 Quiet Title ❑X Other: 0 Medical E3 Other: Appeal of MDJ Judgment Other Professional: Updated 11112011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE J // COMMON PLEAS No.'3 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Jason Texter and JT Masonry, Inc. 09 -2 -02 Jessica Brewbaker ADDRESS OF APPELLANT CITY STATE ZIP CODE 19 Gentleness Drive Ephrata PA 17522 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' May 13, 2013 Timothy D. Hoffman, Hoffman' CustB ,, Jason Texter, JT Masonry, Inc. DOCKET No. SIG ATURE OF APPELLANT OR ATTORNEY OR AGENT MJ- 09202 -CV- 0000033 -2013 This block will be signed ONLY when this notation is required under Pa. If ppell t was Claiman a a. R.C.P. D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will b ore a gisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. w in twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Timothy D. Hoffman and Hoffman's Custom Contracting Inc. appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. f 3 - U 1 L ) within twenty (20) dad er service of rule or suffer entry of judgment of non pros. Slgnature o ppellant or a mey or agent RULE: To Timothy D. Hoffman and Hoffman's Custom Contracting, Inc. , appellee(s) 1 Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 3 � � Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF �G1E FORM WITH THIS NOTICE OF APP AL. el, I AOPC312 -05 -73 / c COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case wo CleG� Cage ��islc ►��__ 3s i7o /s Mag. Dist. No: MDJ- 09 -2 -02 Timothy D. Hoffman, Hoffman's Custom MDJ Name: Honorable Jessica Brewbaker Contracting Inc Address: 18 North Hanover Street, Suite 106 V. Business Central Building Jason Texter, JT Masonry, Inc. Carlisle, PA 17013 Telephone: 717- 240 -6564 JT Masonry, Inc. Docket No: MJ- 09202 -CV- 0000033 -2013 19 Gentleness Dr. Case Filed: 2/20/2013 Ephrata, PA 17522 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09202 -CV- 0000033 -2013 Timothy D. Hoffman Jason Texter Judgment for Plaintiff 05/13/2013 MJ- 09202 -CV- 0000033 -2013 Timothy D. Hoffman JT Masonry, Inc. Judgment for Plaintiff 05/13/2013 MJ- 09202 -CV- 0000033 -2013 Hoffman's Custom Contracting Jason Texter Judgment for Plaintiff 05/13/2013 Inc MJ- 09202 -CV- 0000033 -2013 Hoffman's Custom Contracting JT Masonry, Inc. Judgment for Plaintiff 05/13/2013 Inc Judgment Summary Participant Joint/Several Liability Individual Liability Amount Hoffman's Custom. Contracting Inc $0.00 $0.00 .$0.00 JT Masonry, Inc. .$7,035.30 $0.00 $7,035.30 Jason Texter $7,035.30 $0.00 $7,035.30 Timothy D. Hoffman $0.00 $0.00 $0.00 Judgment Detail ("Post Judgment) In the matter of Timothy D. Hoffman; Hoffman's Custom Contracting Inc vs. Jason Texter; JT Masonry,. Inc. on 5/13/2013 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $6,868.80 $0.00 $6,868.80 Costs $166.50 $0.00 $166.50 Grand Total: $7,035.30 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 06L*A t 5 1 3 U �\` 1.0.6 Date Magisterial District Judge Jessica Brewbaker MDJS 315 Page 1 of 3 Printed: 05/13/2013 9:47:41AM f E LED-OFt'H4 OF THE PROTRONOTAl i 2013 JUN 13 FM 3: 31 CUMBERLAND VCOUNTY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(1 0)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served a copy of the Notice of Appeal,Common Pleas No.13-3349,upon the Magisterial District Judge designated therein on (date of service) June 11 ,20 13 , ❑ by personal service D by(certified)(registered)mail, sender's receipt attached hereto, and upon the appellee, (name) Tim"°f''',on June 12 20 Oby personal serviceD by(certified)(registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME THIS//13th DAY OF June 0 13 ,fl �PI alit t • V O nature of official before hom affidavit was made •ignatur-"affiant COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shannon L Freeman,Notary Public Carlisle Boro,Cumberland County My Commission Expires April 7,2017 Notary Public MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES Title of official My commission expires on April 7 20 17 r . -. AOPC 312A-05 _ _•.10 ' as l,L ar!'. •�' - ���� ,13AN3 dO d01 IV 113NOLLS 33V1d 4* * COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION • Complete items 1,2,and 3,Also complete A. ' a,re Agent . item 4 if Restricted Delivery is desired. OTALLa• W519 LL-. 0 Addressee • Print your name and address on the reverse so that we can return the card to you. B. -eceived by Printed Name) C. D.te of Delivery • Attach_this,card to the back of the mailpiece, Go. 1( i or b>3 Sle"fibttt if space permits. D. Is delivery address different from item 1? ❑Y s 1. Article Addressed to: If YES,enter delivery address below: No /1/145( {--eYre, / 7)rsfi"(st )Uri j 53)ea_ ,(3re w19ajCe f- / p. 1-71z1 n0✓ee s -- 3, Service T.pe u Ile- 101 ertified Mail (J Express Mail / 0 Registered urn Receipt for Merchandise CaKW"I PA !10",3 ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes g. Article Number 7012 3053 0000 0650 4212 (Transfer from service fabi —. PS Form 3811t February 2004 Domestic Return Receipt 102595 02•M•154a• I SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. All / ❑Agent • •:'P X ront•your name and address on the reverse • , --.%.41.I/ ❑Addressee so that we can return the card to you. B. Receiv=�by(Printed Name) 3:,Date of Delivery • Attach this card to the back of the mailpiece, ,� 94, or on the front if space permits. D. Is delivery address diffefen` m item 1? 71,1 s 1; Article Addressed to: If YES,enter delivery r t M[3 f o lam 1, / 35 ChelseA_ Lave_ \N/l xio Carr/3t2/ PA 1-101c 3. _Serv�a Type iH'Certified Man ❑F.x Mall ❑Registered etum Receipt for Merchandise ❑Insured Mail ❑G.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2• Article I $7112 ;3050 0000 10650 140691 I I ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540., SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete Signature item 4 if Restricted Delivery Is desired. "./) !7 Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B, R 'ved y(P n Name C. Date of Delivery A Attach this card to.the back of the mailpiece, ,g'd b or on the front if space permits. "' D. Is delivery ddre�s differeretrfrp �1? ❑Yes 1, Article Addressed to: If YES,enter`eliry yb folio ❑No )10-(1(>116 r) ad„,„, ai,frx-6,3,—The. .,S i,� Che-rsea— i-a-rie- 3. Se Type �t' j(5(� IAA r—70(� Certified Mali �❑ ess Mall ❑Registered ®'Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 117012 3050i 0001 j 0650 i4076‘; ;j (Transfer from seta_ -• _ . , r , • i PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 _ ■ HOFFMAN'S CUSTOM IN THE COURT OF COMMON PLEAS, CONTRACTING, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 13-3349 VS. CIVIL TERM JT MASONRY, INC. Defendant -- —� M r41 F To: JT Masonry, Inc. c/o Jason P. Kutulakis, Esq. q o ti Abom&Kutulakis 2 West High Street v c Carlisle, PA 17013 sus �- 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 HOFFMAN'S CUSTOM IN THE COURT OF COMMON PLEAS, CONTRACTING, INC., CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. NO. 13-3349 CIVIL TERM JT MASONRY, INC., Defendant COMPLAINT AND NOW comes Plaintiff, Hoffinan's Custom Contracting, Inc,by and through hits counsel, Salzmann Hughes, P.C. and hereby avers as follows: 1. Plaintiff, Hoffman's Custom Contracting, Inc. ("Plaintiff'), is a corporation incorporated under the laws of the Commonwealth of Pennsylvania with a principle place of business of 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, JT Masonry, Inc. ("Defendant"), is a corporation incorporated under the laws of the Commonwealth of Pennsylvania with a principal place of business of 19 Gentleness Drive, Ephrata, Lancaster County,Pennsylvania. 3. In May, 2011, Plaintiff and Defendant entered into an oral Agreement. 4. Pursuant to this oral Agreement("Agreement"), Defendant was to perform subcontracting masonry work on a custom home that Plaintiff was constructing at 275 Wilson Street, Carlisle, Cumberland County, Pennsylvania(the"Property"). 5. Specifically, Defendant agreed to construct the fireplace inside the property and install stone skirting around the house. 6. In exchange for Defendant's provision of this subcontracting work, Plaintiff agreed to compensate Defendant. 7. Plaintiff compensated Defendant for its subcontracting services as agreed to in the amount of$16,500.00. 8. Defendant,however,negligently and defectively installed the fireplace inside the Property. 9. Specifically, on or about October 15, 2011,the owners of the Property contacted Plaintiff concerning the fireplace's chimney improperly discharging smoke. 10. Defendant installed this chimney. 11. Plaintiff contacted Defendant on numerous occasions in an attempt to permit Defendant an opportunity to cure the defects in the chimney and fireplace that it installed in the Property. 12. Defendant had actual knowledge of the defects in the chimney and fireplace no later than March 2012. 13. Defendant ignored Plaintiff's repeated requests and refused to cure the defects in the chimney and fireplace. 14. Due to Defendants defective installation of the chimney and fireplace, Plaintiff was forced to hire a second contractor in order to correct Defendant's defective installation. 15. Plaintiff hired Anderson's Chimney Sweeps, Inc., to correct Defendant's defective installation of the chimney and fireplace. 16. Anderson's Chimney Sweeps, Inc., performed the work necessary to correct Defendant's defective installation for the amount of$6,600.00. A true and correct copy of the Estimate and Invoice for this work is attached collectively hereto as Exhibit"A." 17. Plaintiff requested payment from Defendant for Anderson's Chimeny Sweeps, Inc.'s work repeatedly, yet Defendant refused to pay Plaintiff for the work made necessary by Defendant's defective installation of the chimney and fireplace. 18. This Court has jurisdiction over this matter because the work performed pursuant to the parties' oral agreement was performed in Cumberland County. Count I—Breach of Contract 19. Plaintiff incorporates its averments in the preceding paragraphs as if set forth at length. 20. Plaintiff and Defendant entered into an oral Agreement pursuant to which Defendant was to perform subcontracting work on the Property. 21. Plaintiff compensated Defendant for Defendant's work pursuant to the Agreement. 22. Defendant improperly and defectively installed the chimney and fireplace that it agreed to and did install in the Property. 23. Defendant's defective installation of the chimney and fireplace breached the Agreement between Plaintiff and Defendant. 24. Defendant's breach of the Agreement forced Plaintiff to hire a second contractor to correct Defendant's work. 25. Plaintiff was forced to compensate the second contractor for its work to correct Defendant's defective installation. 26. Defendant's breach of the Agreement at issue damaged Plaintiff in the amount of $6,600.00,plus interest and costs. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant in the amount of$6,600.00, plus all costs and fees deemed just. Count II—Unjust Enrichment 27. Plaintiff incorporates its averments of the preceding paragraphs as if set forth at length. 28. Plaintiff compensated Defendant for Defendant's installation of the fireplace and chimney in the Property. 29. Defendant installed the fireplace and chimney in the Property in a defective and less than workmanlike manner. 30. Defendant retained the benefit of the compensation provided to it by Plaintiff,but refused to correct its defective work 31. Defendant's defective work forced Plaintiff to hire a second contractor to correct Defendant's defective work. 32. Defendant's defective work caused detriment to Plaintiff in the amount of$6,600.00, plus costs and interests. 33. Permitting Defendant to retain the benefit of compensation for his defective work without making payment to Plaintiff unjustly enriches Defendant to the detriment of Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant in the amount of$6,600.00,plus all costs and fees deemed just. Respectfiilly submitted, SALZMANN HUGHES,P.C. Date: to , :2—e? 1 I3y: pn-�= George F. Douglas; III,Esquire Attorney I.D: No. 61886 354 Alexander Spring Road, Suite 1 Carlisle,PA 17015 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and. correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,relating to unsworn falsifications to authorities. Date: Timoth . Hoffina CERTIFICATE OF SERVICE I hereby certify that on the day of 2013, I served a true and correct copy of the foregoing document via United States mail, first,class mail,postage prepaid, and addressed as follows: JT Masonry, Inc. c/o Jason P. Kutulakis,Esq. Abom&Kutulakis 2 West High Street Carlisle,PA 17013 SALZMANN HUGHES,P.C. By: /— -I K George F: Douglas, III; E quire HOMMAN'S 1NVOILCE W" CONTRACTING, INC. 35 Chelsea Lane Carlisle, PA 17015 Phone/Fax: (717) 245-9259 www.hoffmanscc.com BILL TO DATE INVOICE # Jason Texter 10/9/2012 2605 JT Masonry, Inc. 19 Gentleness Drive Ephrata, PA 17522 TERMS Due on receipt DESCRIPTION AMOUNT Repair faulty fireplace. All masonry work to re-build faulty 5,300.00 firebox and smoke chamber. Labor and materials to repair drywall 1 ,050.00 Labor and materials to repaint drywall 250.00 Interest will be charged for late payment at the rate of 1 .5% 0.00 per month (PA008224) Please remit payment to: TOTAL $6,600.00 Hoffman's Custom Contracting, Inc. 35 Chelsea Lane Carlisle, PA 17015 a EXHIBIT uj w J F- H J J Q A BUILDING CARLISLE'S FINEST CUSTOM HOMES de son`�; 0 Ghimney a� , Inc. Rho��: j7�Tj 575-35?.E3�t7 i 7j 3�i'-7:?�w•(ca�f i£3-:375;:: Rd. To: John Doulgeris Fran,: Anderson's Chimney Sweeps, Inc. r z: Chimney Masonry Estimat` 6.=i00m 275 Wilson Street Dete: May 7,2012—Quote valid-ior 60 days sii:*ez-ze:Yl=arc: Remove Fact:wall(the area above'he fireplace opetdn=f YrK-1 ope,up t.dli,re stove fireplace wells,remove damper,rebuild new fireplace and new smoke chamber to c:o�,install new ton nwunt damper. We will put clown floor protection and plastic walls to protect the property'rose dust. We will not do aay flnis'a carpentry wor',c such as dry wall and pa 8 inthi . � We wilt redo the face and fireplace opening differently depending what you�ut ice;we can keep the box iook or put in art arched fireplace opening and redo the stone work.lt!'re can talk ab that Toml :, , $5300.00 Cost includes all materials,labur and applicable tax Estimated time for completion: 4 to 5 days j ft,,-m-= Terns: 1/3 down,and.balance due immediately upon corrrnleth-1,'.Chet;:,Visa,fv13si. c;rd,and Discover are gladly accepted. Anderson's Chimney Sweeps would appreciate t;:e opportunity to serve your 1 yuu have any questions,or ujocud like to set up an appointment,please call us any time at 717-9753 526. Acceptance of Proposal: If you agree to have Anderson's Chimney Sweeps,Inc.perform the woes;described above,and a3rez�to the cost and terms of this proposal.Please sl rr: r;s:•:, +"urlq 4^rltit ;epn;;l2. Signatures _ Name: fPrinty Phuae: .23 -lillside Amd-;sew CUmb:?r'end, 070 L sJ—l)F F IC TABOM & _ jf�Lll U UI AKIS 20~,13 AUG -2 R1 2* 54 Jason P.Kutulakis,Esquire Attorney l.D.#: 80411 CUMBERLAND COUNTY 2 West High Street P E N f i S Y L 7 A j I I A Carlisle,PA 17013 (717)249-0900 HOFFMAN'S CUSTOM CONTRACTING, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2013-3349 CIVIL JT MASONRY, INC., CIVIL ACTION -LAW Defendant NOTICE TO PLEAD TO: George Douglas,Esquire 354 Alexander Spring Road Suite 1 Carlisle,PA 17015 Attorney for Plaintiff YOU ARE HEREBY NOTIFIED that the New Matter and Counterclaims set forth herein contain averments against you to which you are required to respond within twenty (20) days after service or a judgment may be entered against you. _ Respectfully Submitted, 4AB M&KUTUL AKIS, LLP Date: August 2, 2013 P. Kutulakis, Esquire ney ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant TABOM & ULAKIS Jason P.Kutulakis,Esquire Attorney I.D.#: 80411 2 West High Street Carlisle,PA 17013 (717)249-0900 HOFFMAN'S CUSTOM CONTRACTING, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2013-3349 CIVIL JT MASONRY, INC., CIVIL ACTION - LAW Defendant DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, this 31" day of July, 2013, comes the Defendant, JT Masonry, Inc., by and through its counsel,Jason P. Kutulakis, Esquire, of Abom & Kutulakis, LLP, and respectfully files the within Answer with New Matter and in support thereof avers as follows: 1. Admitted in part and denied in part. It is admitted that the Plaintiff is Hoffman's Custom Contracting, Inc. By way of additional response, Defendant is without sufficient information or knowledge to permulate a complete response as it relates to whether or not Hoffman's Custom Contracting, Inc. is a corporation under the laws of the Commonwealth or formed meeting all of the criteria set forth in the corporations code. It is further admitted that Hoffman's Custom Contracting, Inc.'s principal place of business is 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. To the extent further response is required, it is specifically denied that Hoffman's Custom Contracting, Inc. was accurately formed under the corporation laws of the Commonwealth. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Plaintiff sought Defendant's professional services on or about May 2011. It is specifically denied that Plaintiff and Defendant had entered into a "meeting of the minds" nor did they enter into an oral agreement. By way of additional response, Plaintiff failed to provide specific information into what particular services were required of Defendant. Plaintiff failed to provide any blueprints, drawings, architectural renditions, measurements or details whatsoever as to what specifically would be required of Defendant. Additionally, Plaintiff failed to set forth the costs associated with Defendant's services. 4. Admitted in part and denied in part. It is admitted that a controversy has arisen relating to work performed by Defendant at 275 Wilson Street, Carlisle, Cumberland County, Pennsylvania. To the extent additional response is required, the additional information contained in Plaintiff's Complaint in paragraph 4 is a conclusion of law to which no additional response is required. 2 5. Denied. It is specifically denied that on or about May 2011, Plaintiff failed to provide any specific details into the construction of a fireplace in the subject property and additionally failed to provide any specific details into the quantity or other specifics relating to the stone skirting outside of the subject property. 6. Admitted in part and denied in part. It is admitted that Plaintiff agreed to pay Defendant. It is specifically denied that Plaintiff provided specific terms of how Defendant would be compensated or for the scope of work for which he would be compensated. By way of additional response, the remaining portion of paragraph 6 is a conclusion of law to which no response is necessary. 7. Admitted in part and denied in part. It is admitted that Defendant was paid $16,500.00. It is specifically denied that this amount of$16,500.00 was the amount agreed to in May 2011. Strict proof to the contrary is demanded. 8. Denied. The averments of Paragraph 8 are conclusions of law to which no response is necessary. 9. Upon reasonable investigation, Defendant is without sufficient information and belief to formulate an answer to this averment. By way of additional response, Plaintiff failed to provide Defendant the opportunity to inspect the subject chimney in October 2011. 10. Admitted in part and denied in part. It is admitted that Defendant did install some of the chimney components. It is specifically denied that Defendant constructed any of the structure surrounding the chimney. It is specifically denied that Defendant designed any of the chimney. It is specifically denied that Defendant supervised the framing of the chimney, Plaintiff's employees, or Plaintiff's other subcontractors, constructed the framing around the location where the chimney would be constructed prior to Defendant arriving on site. 11. Admitted in part and denied in part. It is admitted that in the Spring 2012, Plaintiff informed Defendant that the property owner had alleged a drafting problem occurred with the properties' fireplace. It is specifically denied that Plaintiff contacted Defendant on numerous occasions. By way of additional information, it is specifically denied that Plaintiff ever sought or permitted Defendant to gain access to the subject property to inspect the chimney and its fireplace. Strict proof to the contrary is demanded. 12. Denied. The averments of Paragraph 12 are conclusions of law to which no response is necessary. To the extent that an additional response is required, Defendant specifically denies that the work performed by Defendant was defective whatsoever. Strict proof to the contrary is demanded at trial. 13. Denied. It is specifically denied that Plaintiff made repeated requests of Defendant to cure alleged defects in the chimney and fireplace. By way of additional response, it is specifically denied that there are any defects in the chimney and fireplace whatsoever. To the extent that there were defects, those defects were directly attributable to Plaintiff's design of the fireplace and/or Plaintiff's construction of the structure surrounding the chimney and fireplace. Strict proof to the contrary is demanded at trial. 3 14. It is specifically denied that Plaintiff was forced to hire a second contractor to correct Defendant's workmanship. By way of further answer, it is to the contrary, Defendant was never offered the opportunity to inspect the subject property. Plaintiff informed Defendant that he was hiring an engineer to inspect the fireplace and chimney and to determine whether there were design defects in his design of the structure. 15. Defendant is without sufficient information to formulate an answer. To the extent that a response is deemed required, paragraph 15 is denied. As evidenced by page two of Plaintiff's Exhibit A, Plaintiff did not hire Anderson's Chimney Sweeps. Page two of Exhibit A indicates that the homeowner initially hired Anderson's Chimney Sweeps, Inc. By way of additional response, the fireplace and chimney that were originally installed were for wood burning purposes only. It is believed and therefore averred that the current chimney and fireplace that has been installed by Anderson's Chimney Sweeps, Inc. provides for the operation of a natural gas fireplace and that the homeowner currently has natural gas logs installed in the subject location. By way of additional response, it is specifically denied that Defendant's craftsmanship was defective. Strict proof to the contrary is demanded at trial. 16. It is specifically denied that Defendant's craftsmanship was defective whatsoever. It _ is further denied that Anderson's Chimney Sweeps, Inc.'s performance totaled $6,600.00. To the contrary, page two of Plaintiff's own Exhibit A indicates that Anderson's charged $5,300.00 for the work allegedly performed. This is completely in contrast to the amount alleged in the Complaint at paragraph 16 of$6,600.00. By way of further response, it is specifically denied that any additional work by Anderson's Chimney Sweeps, Inc. was necessary. To the contrary, it is believed and therefore averred that the homeowner desired to have natural gas logs installed in the subject chimney and those renovations were necessary to permit such installation. Strict proof to the contrary is demanded at trial. 17. Denied. It is specifically denied that any work performed by Defendant was defective. Strict proof to the contrary is demanded at trial. 18. Denied. The averments of Paragraph 18 are conclusions of law to which no response is necessary. 19. Denied. The averments of Paragraph 19 are conclusions of law to which no response is necessary. 20. Denied. The averments of Paragraph 20 are conclusions of law to which no response is necessary. 21. Denied. The averments of Paragraph 21 are conclusions of law to which no response is necessary. 22. Denied. The averments of Paragraph 22 are conclusions of law to which no response is necessary. 23. Denied. The averments of Paragraph 23 are conclusions of law to which no response is necessary. 4 24. Denied. The averments of Paragraph 24 are conclusions of law to which no response is necessary. 25. Denied. The averments of Paragraph 25 are conclusions of law to which no response is necessary. By way of additional response, to the extent that an answer is required, Plaintiff failed to provide Defendant the opportunity to inspect or correct the alleged defects in the subject chimney. 26. Denied. The averments of Paragraph 26 are conclusions of law to which no response is necessary. 27. Denied. The averments of Paragraph 27 are conclusions of law to which no response is necessary. 28. Denied. The averments of Paragraph 28 are conclusions of law to which no response is necessary. 29. Denied. The averments of Paragraph 29 are conclusions of law to which no response is necessary. 30. Denied. The averments of Paragraph 30 are conclusions of law to which no response is necessary. 31. Denied. The averments of Paragraph 31 are conclusions of law to which no response is necessary. 32. Denied. The averments of Paragraph 32 are conclusions of law to which no response is necessary. By way of further response, it is believed and therefore averred that Plaintiff has failed to pay Anderson's Chimney Sweeps, Inc. in full therefore not causing damage to Plaintiff. Strict proof to the contrary is demanded at trial. 33. Denied. The averments of Paragraph 33 are conclusions of law to which no response is necessary. NEW MATTER 34. Plaintiff failed to produce and provide engineering plans of the subject house to Defendant prior to its construction. 35. Plaintiff did not have any architectural drawings that were provided to Defendant prior to installation of the chimney. 36. Plaintiff failed to provide any specifications as to the size or dimensions of the chimney or fireplace at the subject property. 37. Plaintiff failed to provide any guidance or directive whatsoever as to what expectations Plaintiff had as to the size or performance of the subject chimney and fireplace. 5 38. Plaintiff hired subcontractors to frame the house structure, including the chimney and fireplace area. Plaintiff directed Defendant to install a chimney into the opening resulting from Plaintiffs construction of the framed chimney area. 39. Plaintiff failed to direct Defendant to downsize or change the size of the chimney structure at any point in time. 40. Plaintiff failed to provide reasonable notice of any performance issues with the subject fireplace and chimney to Defendant. 41. Plaintiff failed to afford Defendant the opportunity to inspect the subject property at any point in time. 42. Plaintiff informed Defendant that he was retaining an engineer to inspect the subject fireplace and chimney. 43. Plaintiff informed Defendant that he did not believe there was a defect in the chimney and sought additional input from an engineer. 44. Plaintiff failed to hire an engineer at any point for the subject property including, but not limited to, the fireplace and chimney. 45. Plaintiff requested the installation of a wood burning fireplace and chimney. 46. The property owner desired a natural gas fireplace. 47. The homeowner demanded that the fireplace be reconstructed to permit both wood burning and natural gas burning capabilities. 48. At no time prior to Defendant's installation of a chimney or fireplace did Plaintiff nor anyone else ever inform Defendant that the homeowner desired a natural gas fireplace. 49. Currently, the subject property has gas fired artificial logs in the subject chimney and fireplace. 50. Plaintiff's own design of the fireplace and chimney are the cause of any defect. 51. Plaintiff had the fireplace and chimney inspected by a Codes Officer. 52. Plaintiff received a passing inspection of the chimney and fireplace after it was completed by Defendant. 53. Plaintiff received a Certificate of Occupancy prior to the homeowner taking possession of the subject home. 54. Plaintiff failed to test the subject fireplace prior to transferring possession to the homeowner. 6 55. Removal of the original fireplace was unnecessary. 56. The replacement of any materials installed by Defendant was unnecessary. 57. Plaintiff has failed to pay Anderson Chimney Sweeps, Inc. in full. The hourly fees charged for the alleged repairs were unreasonable. 58. Plaintiff's case and Plaintiffs ability to recover is barred by Plaintiff's spoliation of any evidence of defect. 59. Plaintiff's claim and ability to recover is barred by Plaintiff's spoliation of any defective materials associated with the fireplace and chimney. 60. Plaintiffs claim and ability to recover is barred by impossibility. 61. Plaintiff's claim and ability to recover is barred by Plaintiff's failure to permit Defendant the opportunity to inspect the subject property. 62. Plaintiff s claim and ability to recover is barred by Plaintiff's failure to permit Defendant the opportunity to correct the alleged defects. 63. Plaintiff's claim and .ability to recover is barred by Plaintiff's substantive change to the utility and purpose of the fireplace chimney as it has been converted to natural gas operation 64. Plaintiff's claim and ability to recover is barred by the defense of laches. 65. Plaintiff's claim and ability to recover is barred by the defense of accord and satisfaction. 66. Plaintiffs claim and ability to recover is barred by the defense of estoppel. 67. Plaintiff's claim and ability to recover is barred by the defense of failure of consideration. 68. Plaintiff's claim and ability to recover is barred by the defense of fraud. 69. Plaintiff's claim and ability to recover is barred by the defense of impossibility. 70. Plaintiffs claim and ability to recover is barred by the defense of illegality. 71. Plaintiffs claim and ability to recover is barred by the defense of justification. 72. Plaintiffs claim and ability to recover is barred by the defense of fraud. 7 WHEREFORE,Defendant demands judgment in its favor and against the Plaintiff. Respectfully Submitted, ABOM&KUTULAKIS, L.L.P. Date: ~ l Jas P. Kutu akis,Esquire PA f.D. No. 80411 jpk abomkutulakis.com 2 West High Street Carlisle,PA 17013 ! (717) 249-0900 phone (717) 249-3344 fax .Attorney for Defendant 8 VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c.) Jason P. Kutulakis, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney,because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit;and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document;and that he has sufficient knowledge or information and belief,based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904,relating to unsworn falsification of authorities. Date: Jas n P.Kutulakis,Esquire 9 CERTIFICATE OF SER VI E AND NOW, this 2nd day of August, 2013, I, Shannon Freeman of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing DEFENDANT'S ANSWER WITH NEW MATTER by depositing, or causing to be deposited, same in the United States Mail, first-class mail,postage prepaid addressed to the following: George Douglas, Esquire 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (Attorney for Plaintif� 4 S nnon Freema 10 FILEO-OF-`ICE 01 HE PROTHON01-At"5' i 2013 AUG 23 PM-2: 09, George F. Douglas, III, Esquire CUMBERLAND COUNTY Attorney I.D. No. 61886 PENNSYLVANIA Melissa L. Kelso, Esquire Attorney I.D. No. 306793 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite I Carlisle, PA 17015 (717)249-6333 HOFFMAN'S CUSTOM IN THE COURT OF COMMON PLEAS, CONTRACTING, INC., CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. NO. 13-3349 JASON TEXTER, d/b/a CIVIL TERM JT MASONRY, INC. Defendant PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes Plaintiff, Hoffinan's Custom Contracting, Inc. ("Plaintiff by and through its counsel, Salzmann Hughes, P.C., and hereby replies to Defendant's New Matter as follows: 34. Denied. Plaintiff provided blue prints of the entire house at issue to the Defendant. 35. Denied. Plaintiff provided blue prints of the entire house at issue to the Defendant. 36. Denied. Strict proof thereof is demanded at time of trial. 37. Denied. Strict proof thereof is demanded at time of trial. 38. It is admitted that Plaintiff utilized subcontractors to frame the house structure and that Plaintiff directed Defendant to install a chimney in the opening created for it. It is denied,however, that Plaintiff's construction or use of subcontractors in any way inhibited Defendant's proper installation of the chimney. 39. Denied. Strict proof thereof is demanded at time of trial. By way of further response, Plaintiff requested that Defendant repair the faulty installation on numerous occasions. 40. Denied. Strict proof thereof is demanded at time of trial. By way of further response, Plaintiff provided Defendant with repeated notice of its faulty installation of the fireplace and chimney. 41. Denied. Strict proof thereof is demanded at time of trial. By way of further response, Plaintiff incorporates its reply to Paragraph 40. 42. Admitted in part and denied in part. It is admitted that the Plaintiff retained an expert witness to inspect the subject fireplace and chimney. It is denied that Plaintiff retained an engineer to do the same. 43. Denied. It is specifically denied that Plaintiff told the Defendant he did not believe there was a defect. 44. Admitted in part and denied in part. It is admitted that Plaintiff did not retain an engineer. Plaintiff did retain an expert witness to examine the fireplace and chimney. 45. Admitted. 46. Denied. The homeowner requested a wood burning fireplace and chimney at the time his house was being built. 47. Denied. The fireplace and chimney must be constructed the same way whether it is wood burning or vented gas logs. 48. Admitted. The homeowner requested a wood burning fireplace and chimney at the time his house was being built. The homeowner did not convert the fireplace to natural gas logs until after the Defendant had completed his work. 49. Admitted. The homeowner converted to a vented gas log fireplace after the house was built. The fireplace and chimney must work the same way whether it is wood burning logs or natural gas logs. 50. Denied. Strict proof thereof is demanded at time of trial. By way of further response, this paragraph contains conclusions of law to which no responsive pleading is required. 51. Denied. To the best knowledge of the Plaintiff, Codes Officers do not inspect fireplaces. 52. Denied. The fireplace was not inspected by a Codes Officer. 53. Admitted. 54. Admitted. The home was completed in the summer months and the fireplace was not tested prior to the homeowner moving in. 55. Denied. Plaintiff incorporates the averments of its Complaint in their entirety. 56. Denied. Plaintiff incorporates the averments of its Complaint in their entirety. 57. Admitted in part and denied in part. It is admitted only that Plaintiff has not yet paid Anderson Chimney Sweeps, Inc. for the full amount of the invoice. This is because, however, Defendant has failed to compensate Plaintiff for the necessary work performed by Anderson Chimney Sweeps. It is denied that the hourly fees that were charged were unreasonable. Strict proof thereof is demanded at time of trial. 58. Denied as a conclusion of law to which no responsive pleading is required. 59. Denied as a conclusion of law to which no responsive pleading is required. 60. Denied as a conclusion of law to which no responsive pleading is required. 61. Denied as a conclusion of law to which no responsive pleading is required. 62. Denied as a conclusion of law to which no responsive pleading is required. 63. Denied as a conclusion of law to which no responsive pleading is required. 64. Denied as a conclusion of law to which no responsive pleading is required. 65. Denied as a conclusion of law to which no responsive pleading is required. 66. Denied as a conclusion of law to which no responsive pleading is required. 67. Denied as a conclusion of law to which no responsive pleading is required. 68. Denied as a conclusion of law to which no responsive pleading is required. 69. Denied as a conclusion of law to which no responsive pleading is required. 70. Denied as a conclusion of law to which no responsive pleading is required. 71. Denied as a conclusion of law to which no responsive pleading is required. 72. Denied as a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in its favor and against Defendant, along with all costs and fees deemed just. Respectfully submitted, SALZMANN HUGHES,P.C. d � Date: 1�Z- (� By: George F. Douglas, III, Esofuire Attorney I.D. No. 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsifications to authorities. Date: ` ` 22�I3 f AL/ TimotKy D. Hof CERTIFICATE OF SERVICE w4 I hereby certify that on the day of , 2013, I served a true and correct copy of the foregoing document via United States mail, first class mail,postage prepaid, and addressed as follows: Jason Texter, d/b/a JT Masonry, Inc. c/o Jason P. Kutulakis, Esq. Abom&Kutulakis 2 West High Street Carlisle, PA 17013 Attorney for Defendant SALZMANN HUGHES, P.C. By: George F. Douglas, III, 9squire HE PROTHONOTARY 2013 AUG 23 PM 2: 10 George F. Douglas, III, Esquire CUMBERLAND COUNTY Attorney I.D. No. 61886 PdSYLV�1OU Melissa L. Kelso, Esquire Attorney I.D. No. 306793 SALZMANN HUGHES,P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 HOFFMAN'S CUSTOM IN THE COURT OF COMMON PLEAS, CONTRACTING, INC., CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. NO. 13-3349 JASON TEXTER, d/b/a CIVIL TERM JT MASONRY, INC. Defendant REQUEST FOR PRODUCTION OF DOCUMENTS—SET I To: Jason Texter, d/b/a JT Masonry, Inc. c/o Jason P. Kutulakis, Esq. Abom &Kutulakis 2 West High Street Carlisle, PA 17013 With respect to the matters referred to in Plaintiff's Complaint, please note that you are directed to produce for purposes of inspection and/or copying, the following items, all of which relate to the matter referred to in Plaintiff's Complaint. These items must be produced no later than thirty(30) days from the date of the filing of this request. Same may be provided by forwarding copies to the office of the undersigned, 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17015. These requests are not directed merely to the person or party whose name appears above,but are meant to include that person's or party's, officers, directors, agents, servants, insurers, employers, employees, investigators,attorneys, and others similarly situated to the named party or person. In addition, although the request seeks these documents within the next thirty days, the request should also be deemed continuing,in that if there are further materials which come under the purview of any of these requests which are obtained after the time of your initial response, said materials should also be furnished in accord with this request. DEFINITIONS Definitions. -- The following definitions are applicable to this request for production of documents: A. The words "you" or "your" when used herein refer to Defendants, Jason Texter, d/b/a/ JT Masonry Inc., and to all of your representatives, officers, directors, attorneys, agents, servants and/or employees or any person working for such party. B. "Identify" when used herein with respect to an individual means to state: (1)the person's full name and present or last known address; and (2) the person's position, employer and employer's address at the time of the events referred to in the Interrogatory. C. "Identify" when used herein with respect to an entity other than an individual (e.g., a corporation, partnership, unincorporated association, governmental agency, etc.), or a division or subdivision thereof, means to state the full name and present or last known address of the entity, and, if applicable,the fall name and present or last known address of the entity's division or subdivision. D. "Identify" when used with references to a document or writing means to include the date it was written; identify each person to whom it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with a description of the document or writing as for instance, "letter", "memorandum"; include the present location and identify its custodian. If any document or writing is no longer in your possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last known location and custodian. E. "Identify' when used with reference to an oral communication means to include, as to each oral communication of which you are aware, whether or not you or others were present or participated therein the means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date; the names, addresses, employers and positions of all persons who participated in, or who were involved in the communication, all other persons who were present during or who overheard that communication, the substance of who said what to whom and the order in which it was said, and whether that communication,or any part thereof,was recorded or referred to in any document. F. "Document" when used herein means any record, including any object containing written, printed, or magnetically recorded information, a graphic or photographic representation, or sound. "Document" includes the original or any copy of any statement, report, letter, memorandum, book, article, note, blueprint, drawing, sketch, photograph, motion picture, videotape, sound recording. "Document" also includes any card, disc, tape, printout or any other article designed for use with a computer or other.word or data processing system. G. "Concern", "concerned" or "concerning" means referring or relating to, pertaining to, commenting on, or connected with,in any manner whatsoever. H. As used herein, the term "statement" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. I. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. Electronically Stored Information: These requests include not only hard copies of any and all documents requested, but all electronic copies as well pursuant to Pa.R.C.P. 4009.1. Copies of all electronic records should be provided in the form in which they were originally maintained with all metadata intact. Please produce the following: 1. Any and all documents, written, electronic or otherwise regarding your agreement with Plaintiff with respect to performing the work at issue in this suit. Please consider this request to include, but not be limited to, writings evidencing communication between you and Plaintiff relating to the matter set forth in Plaintiff's Complaint, including text messages exchanged between the parties that you presented at the Magisterial District Court Hearing on this matter. ANSWER: Respectfully submitted, SALZMANN HUGHES, P.C. Date: By: LP vva"� f— pa� George F. bouglas, III, Es ire Attorney I.D.No. 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Counsel for Plaintiff CERTIFICATE OF SERVICE N1 I hereby certify that on the�2�2-day of (,�,V,r�itc,e , 2013, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Jason Texter, d/b/a JT Masonry, Inc. c/o Jason P. Kutulakis, Esq. Abom &Kutulakis 2 West High Street Carlisle, PA 17013 Attorney for Defendant SALZMANN HUGHES, P.C. By: A:�p George F. Douglas, III, Esquire L1-= t 'i HE ' OTC ONO A .`' �s �� George F. Douglas, III, Esquire 2013 AUG 26 PM Attorney I.D. No. 61886 CUMBERLAND COUNTY Melissa L. Kelso, Esquire PENNSYLVANIA Attorney I.D. No. 306793 SALZMANN HUGHES,P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717)249-6333 HOFFMAN'S CUSTOM IN THE COURT OF COMMON PLEAS, CONTRACTING, INC., CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. NO. 13-3349 JASON TEXTER, d/b/a CIVIL TERM JT MASONRY, INC. Defendant PRAECIPE TO STRIKE To the Prothonotary: Please strike from the record Plaintiff's Request for Production of Documents—Set I which was inadvertently filed. Respectfully submitted, SALZMANN HUGHES, P.C. Date: By: George F. Douglas, III, Vsquire Attorney I.D. No. 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Counsel for Plaintiff CERTIFICATE OF SERVICE (r�i I hereby certify that on the day of , 2013, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Jason Texter, d/b/a JT Masonry, Inc. c/o Jason P. Kutulakis, Esq. Abom &Kutulakis 2 West High Street Carlisle, PA 17013 Attorney for Defendant SALZMANN HUGHES, P.C. George F. Douglas, III, Es uire HOFFMAN'S CUSTOM CONTRACTING, INC., OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA IN THE COURT OF COMMON PLEAS inr -- v. CIVIL ACTION- LAW - j1. r JT MASONRY, INC. , Defendant NO. 13 -3349 RULE 1312 -1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR THE APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George F. Douglas, III, Esquire, counsel for the plaintiff in the above action, respectfully represents that: 1. The above - captioned action is at issue. 2. The claim of the plaintiff in the actions is $7,035.30, plus interest and costs. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: George F. Douglas, III Melissa L. Kelso Jason P. Kutulakis agsa Pct_ wed 27266 12-44y2cB WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, , 2014, in consideration of the foregoing petition, Esq., Esq., and Esq., are appointed arbitrators in the above - captioned action (or actions) as prayed for. By the Court, J. CERTIFICATE OF SERVICE I, George F. Douglas, III, Esquire, of Salzmann Hughes, P.C., hereby certify that a true and correct copy of the following document, Petition for the Appointment of Arbitrators, was served this date on the below named, by depositing the same in the United States mail, first class, postage prepaid, addressed as follows: Date: Jason P. Kutulakis, Esq. Abom & Kutulakis 2 W. High Street Carlisle, PA 17013 Attorney for Defendant By: Respectfully Submitted, SALZMANN HUGHES, P.C. beorge F. Douglas, III, Es Attorney ID No. 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiff 7 HOFFMAN'S CUSTOM IN THE COURT OF COMMON PLEAS CONTRACTING, INC., OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA rrt v. CIVIL ACTION- LAW r rM�. JT MASONRY, INC. , Defendant NO. 13 -3349 RULE 1312 -1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR THE APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George F. Douglas, III, Esquire, counsel for the plaintiff in the above action, respectfully represents that: 1. The above - captioned action is at issue. 2. The claim of the plaintiff in the actions is $7,035.30, plus interest and costs. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: George F. Douglas, III Melissa L. Kelso Jason P. Kutulakis cedl 27Z R-14‘761/24,8 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, foregoing petition, Esq., and 7 captioned action (or katoiis)`:iirdfelil'< Respectfully submitted, ORDER OF COURT og- L -`s- *Jason P. k' -/ /ia4fs epp;..e.5 otet je 9 , 2014, in consideration of the j' Esq., JYf io�p e,O l � m / Esq., are appointed arbitrators in the above- By the Court,