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HomeMy WebLinkAbout13-7288 Supreme CO A:�o Tennsylvania Court,of Common Pleas For Prothonotary Use Only: Civil ' Sheet �. ` , : Docket No: ' CUMBERLAND 7 .. County v O The inforrnation collected on this form is used solely fin• court adininistrotion purposes. This farm does not supplement or replace the filing and service of pleadings or other papers as required by laiv or rules of court. Commencement of Action: S [E Complaint El Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Allen Electrical Contracting, Inc. t/d /b /a Allen Building Syfl David T. Alleman, Jr. Are money damages requested? Yes No Dollar Amount Requested: E] within arbitration limits I (check one) Ooutside arbitration limits 0 N Is this a Class Action Suit? 0 Yes [H] No Is this an MDJAppeal? D Yes ED No A Name of Plaintiff /Appellant's Attorney: J. Stephen Feinour, Esquire and Joshua D. Bonn, Esquire 0 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 0 Intentional Buyer Plaintiff Administrative Agencies El Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other [] Board of Elections 0 Nuisance 0 .Dept. of Transportation 0 Premises Liability El Statutory Appeal: Other S 0 Product Liability (does not include El Employment Dispute: E mass tort) Slander/Libel/ Defamation Discrimination C Other: El Employment Dispute: Other 0 Zoning Board , Other: I n Other: O MASS TORT 0 Asbestos N Tobacco 0 Toxic Tort - DES [j Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS El Toxic Waste 0 Ejectment Other: E] Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment El Ground Rent Mandamus 0 Landlord /Tenant Dispute g Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Quo Warranto 0 Mortgage Foreclosure: Commercial 0 Dental 0 Partition 0 Replevin E] Legal 0 Quiet Title 0 Other: Medical 0 Other: 0 Other Professional: Updated 1/1/2011 NAUMAN, SMITH, SHISSLER & HALL, LLP SHE t'RT"tQTARY By: J. Stephen Feinour, Esquire 2`1' DEC Attorney I.D. No. 24580 #' Joshua D. Bonn, Esquire cum BERLAND C Attorney I.D. No. 93967 P ENNSYLVANIA TY 200 North Third Street, 18 Floor P. O. Box 840 Harrisburg, PA 17108 -0840 T: (717) 236- 3010 /F: (717) 234 -1925 Attorneys for Plaintiff Allen Electrical Contracting, Inc. : IN THE COURT OF COMMON PLEAS t/d/b /a Allen Building Systems, : CUMBERLAND COUNTY PENNSYLVANIA Plaintiff VS. ! -. p CA Ul NO . IJ`7� 0 � David T. Alleman, Jr., CIVIL ACTION - LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 ,f (717) 249 -3166 a)A - x, a 0 L-14 3013 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 NAUMAN, SMITH, SHISSLER & HALL, LLP By: J. Stephen Feinour, Esquire Attorney I.D. No. 24580 Joshua D. Bonn, Esquire Attorney I.D. No. 93967 200 North Third Street, 18 Floor P. O. Box 840 Harrisburg, PA 17108 -0840 T: (717) 236- 3010 /F: (717) 234 -1925 Attorneys for Plaintiff Allen Electrical Contracting, Inc. : IN THE COURT OF COMMON PLEAS t /d/b /a Allen Building Systems, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. David T. Alleman, Jr., CIVIL ACTION - LAW Defendant COMPLAINT NOW COMES Plaintiff, Allen Electrical Contracting, Inc. t/d /b /a Allen Building Systems, by its counsel, Nauman, Smith, Shissler & Hall, LLP, and makes this Complaint against Defendant, David T. Alleman, Jr., as follows: 1. Plaintiff, Allen Electrical Contracting Inc. t /d /b /a Allen Building Systems, (hereinafter "Allen Building Systems ") is a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its place of business located at 5698 Gingrich Road, Hershey, Lebanon County, PA 17033. 2. Defendant, David T. Alleman, Jr., is an adult individual residing at 2135 Arcona Road, Mechanicsburg, Cumberland County, PA 17055. 1 COUNT 1 BREACH OF CONTRACT 3. Paragraphs 1 through 2 are hereby incorporated by reference as though fully set forth herein. 4. In February 2012, Defendant told Lucas Koser, President of Allen Building Systems, that he wanted to increase his monthly income by renting out an unused portion of his home located at 2135 Arcona Road, Mechanicsburg, Cumberland County, PA 17941 ( "the Property "). 5. Defendant and Mr. Koser, on behalf of Plaintiff, entered into an oral agreement whereby Plaintiff agreed to perform renovations, in exchange for payment for time and materials, so that Defendant could rent out the unused portion of the Property to earn extra income. 6. Plaintiff did not require Defendant to execute a written contract because Mr. Koser was dating Defendant's daughter. 7. In February -March 2012, Plaintiff performed renovations as requested by Defendant. 8. On March 11, 2012, Plaintiff sent Defendant an invoice in the amount of $10,203.56 for the time and materials expended by Plaintiff to perform the renovations as requested by Defendant. A true and correct copy of this invoice (No. 2721) is attached hereto as Exhibit "A." 9. The fair and reasonable value labor and materials used in the performance of the renovations is $10,203.56. 2 10. Payment for the renovations was due and payable upon Defendant's receipt of the invoice. 11. To date, Plaintiff has not received payment for the time and materials incurred to perform the renovations at Defendant's home, despite Plaintiff's demand for payment. 12. Defendant's failure to make payment to Plaintiff for the time and materials incurred to perform the renovations at Defendant's home constitutes a breach of the oral agreement between Plaintiff and Defendant. 13. Plaintiff is entitled to prejudgment interest for the outstanding balances on Invoices # 2721 as of March 11, 2012, at the rate of 1.5% per month. Wherefore, Plaintiff, Allen Electrical Contracting Inc. t /d /b /a Allen Building Systems, demands judgment against Defendant, David T. Alleman, Jr., in the amount of $10,203.56, plus prejudgment interest at the rate of 1.5% per month from March 11, 2012, costs of collection, and costs of this proceeding, which sum is within the jurisdictional limit for compulsory arbitration. COUNT 2 QUANTUM MERUIT 14. Paragraphs 1 through 13 are hereby incorporated by reference as though fully set forth herein. 15. Plaintiff provided materials and labor which were reasonably necessary for the renovation of the Defendant's property having a fair and reasonable value of $10,203.56. 16. Defendant has been unjustly enriched by accepting $10,203.56 worth of labor and materials for the renovation of the Property and for which he has not paid. 17. Plaintiff believes and therefore avers, Defendant is renting the renovated portion of the Property to earn extra income. 3 18. Plaintiff believes and therefore avers, Defendant would not have been able to rent the renovated portion of his home if Plaintiff had not performed the renovations. WHEREFORE, Plaintiff, Allen Electrical Contracting Inc. t /d /b /a Allen Building Systems, demands judgment against Defendant, David T. Alleman, Jr., in the amount of $10,203.56 plus prejudgment interest, and costs of this proceeding, which sum is within the jurisdictional limit for compulsory arbitration. NAUMAN, SMITH, SHISSLER & HALL, LLP B y (( �. � JA Feinour, Esquire Supreme Court ID #24580 Joshua D. Bonn, Esquire Supreme Court ID #93967 200 North Third Street, 18 Floor P. O. Box 840 Harrisburg, PA 17108 -0840 Phone: 717- 236 -3010 Fax: 717- 234 -1925 Attorneys for Plaintiff, Allen Electrical Contracting, Inc. t/d /b /a Allen Building Systems Date: December 6, 2013 4 VERIFICATION Koscr Sr. , verify that I am PpeS ' �L,n- of Allen Electrical Contracting, Inc. t/d/b /a Allen Building Systems, that as such I am authorized to make this verification on behalf of Allen Electrical Contracting, Inc. t/d/b /a Allen Building Systems, and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: 111�13 ARgR��� Allen Building Systems, Inc. Invoice 5698 Gingrich Road Hershey, PA 17033 Date Invoice # 83 „ 3/11/2012 2721 Bill To: David Alleman 2135 Arcona Road Mechanicsburg, PA 17055 Project P.O. / Claim No. Project Manager Terms Alleman, David_2012 - RC Time & Material Lucas Koser Due on receipt Quantity Description Rate Amount 1 Remove Existing Wood Stove and Chimney Stack, Patch Remaining Hole in Roof, and 286.00 286.00T Install Owner Provided Shingles (5.5 hrs. @ $52.00 per hour) 1 Replace Broken Ceiling Tiles (1 hr. @ $52.00 per hour) 52.00 52.00T I Refasten Loose Areas of Paneling and Paint the Walls with Two Coats of Latex (16 hrs. 832.00 832.00T @ $52.00 per hour) 1 Material Cost of Latex Paint (5 Gallons) 185.00 185.00T 1 Replace Ballasts, Lenses, and Lamps on (4) Light Fixtures (4 hrs. @ $52.00 per hour) 208.00 208.00T 1 Material Cost of Ballasts, Lenses, and Lamps 178.00 178.00T 1 Install New Carpet and Carpet Pad with Pet Barrier in the In -Law Quarters (94 yards) 2,850.00 2,850.00T 1 Additional Labor Charge for Content Manipulation and Removal & Reinstallation of 85.00 85.00T the Railing 1 Install 2 -Ton Sanyo Split Systems in In -Law Quarters to Include: Heat Pump, Wiring to 2,100.00 2,100.00T Panel, Breakers, and Removal & Reinstallation of Siding to Hide the Line Set (20 hrs. @ $105.00 per hour) I Material Cost for Wiring and Sanyo Split System 2,850.00 2,850.00T Sales Tax 6.00% 577.56 Interest on any unpaid balance shall be charged at the rate of 1.5% per month. Total $10,203.56 Contractor License EXHIBIT PA035514 NJ 13 VH0692800 DE2013101023 3 Phone #717 - 832 -1005 www.AllenBuildingSystems.com Fax #717- 832 -3610 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff f,._ f�i , Jody S Smith `J 49 Chief Deputy Richard W Stewart IEi BERL J' Solicitor ,� . - PENNSYLVANIA Allen Electrical Contracting, Inc. t/d/b/a Allen Building Systems Case Number vs. David T Alleman, Jr. 2013-7288 SHERIFF'S RETURN OF SERVICE 12/12/2013 10:40 AM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: David T Alleman, Jr. at 2135 Arcona Raod, Upper Allen, Meghi sburg, PA 17055 rj, /l 3/ BRIAN GRZYBO I, SHERIFF COST: $39.30 SO ANSWERS, December 13, 2013 RbNW R ANDERSON, SHERIFF 'L ,... _au-bt P=ii.:' David R. GallowayHE' PR T FINOTA;` ' Counsel for Defendant Attorney I.D. No. 87326 2D13 DEC 23 pll 3: 25 54 E. Main Street Mechanicsburg, PA 17055 CUMBERLAND COUNTY Telephone: (717) 697-4650 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN ELECTRICAL CONTRACTING, INC. : t/d/b/a ALLEN BUILDING SYSTEMS, : Plaintiff : CIVIL ACTION - LAW • No. 13-7288 vs. DAVID T. ALLEMAN, JR., : Defendant : PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of David T. Alleman, Jr., Defendant. Papers may be served at the address set forth below. Respec . .u itted, AI David R Galloway, #8732 CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the above Praecipe on this date, upon counsel for Plaintiff by first-class Mail, postage pre-paid, addressed as follows: J. Stephen Feinour, Esquire Joshua D. Bonn, Esquire NAUMAN, SMITH, SHISSLER& HALL, LLP 200 North Third Street, 18th Floor P.O. Box 840 Harrisburg, PA 17108-0840 Res ectfully submitted, December 20, 2013 David R Galloway #87326 David R. Galloway Counsel for Defendant Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ALLEN ELECTRICAL CONTRACTING, INC. t/d/b/a ALLEN BUILDING SYSTEMS, Plaintiff CIVIL ACTION - LAW .C _ No. 13-7288 . I Z �# raw Vs. N r- ca DAVID T. ALLEMAN, JR., d Defendant z� co e ' DEFENDANT'S ANSWER WITH NEW MATTER& COUNTERCLAIM �~ NOTICE TO PLEAD: TO: ALLEN ELECTRICAL CONTRACTING, INC. t/d/b/a/ ALLEN BUILDING SYSTEMS, Plaintiff, by and through its attorney, JOSHUA D. BONN, ESQUIRE. You are hereby notified to file a written response to the enclosed New Matter and Counterclaim of Defendant within twenty (20) days from service hereof or a judgment may be entered against you. ANSWER TO COMPLAINT AND NOW, comes Defendant, by and through its attorney, David R. Galloway, Esquire, and responds to Plaintiff's Complaint as follows: 1. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth or falsity of the allegations contained herein. 2. Admitted. Count I Breach of Contract 3. Paragraphs 1 through 2 of this Answer are incorporated by reference as if fully set forth herein. 4-5. Denied. The allegations contained in these Paragraphs are specifically denied. To the contrary, Defendant never wanted to rent out the "unused portion" of the Property and never requested Plaintiff to perform any work. 6. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth or falsity of the allegations pertaining to why Plaintiff did not request a written contract. Defendant admits Mr. Koser was dating and living with Defendant's daughter. 7. Denied. The allegation contained in this Paragraph is specifically denied. To the contrary, Defendant never requested Plaintiff to perform the renovations alleged. . Additionally, Defendant informed Mr. Koser he could not afford renovations on the "unused portion" of the Property. 8. Denied. The allegation contained in this Paragraph is specifically denied. To the contrary, Defendant never received any invoice or demand for payment until Plaintiff served its Complaint. 9-13. The allegations contained in these Paragraphs are conclusions of law to which no response is necessary. To the extent a response is necessary, the allegations are specifically denied. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and enter Judgment in favor of Defendant and against Plaintiff plus costs and other such relief as this Honorable Court shall deem just and appropriate. Count II Quantum Meruit 14. Paragraphs 1 through 13 of Defendant's Answer are incorporated by reference as if fully set forth herein. 15-16. The allegations contained in these Paragraphs are conclusions of law to which no response is necessary. To the extent a response is necessary, the allegations are specifically denied. To the contrary, Defendant never requested Plaintiff to perform the renovations alleged. Additionally, Defendant informed Mr. Koser he could not afford renovations on the "unused portion" of the Property. 17-18. Denied. To the contrary, Defendant does not rent, nor has he ever rented, any portion of the Property. Additionally, the "unused portion" of the Property is not and has never been in a condition to rent. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and enter Judgment in favor of Defendant and against Plaintiff plus costs and other such relief as this Honorable Court shall deem just and appropriate. NEW MATTER 19. Paragraphs 1 through 18 of Defendant's Answer are incorporated by reference as if fully set forth herein. 20. Plaintiff's Complaint is barred due to the statute of limitations. 21. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 22. Plaintiff's Complaint is barred from recovery due to the doctrine of unclean hands. 23. Plaintiff's Complaint is barred from recovery due to Plaintiff's failure to deal in good faith. 24. Plaintiff's Complaint is barred from recovery due to the doctrine of laches. 25. Plaintiff's Complaint is barred from recovery due to the doctrine of estoppel. 26. Defendant is entitled to a set-off for any damages awarded to Plaintiff. 27. At all times material hereto, Defendant has acted in good faith. 28. Defendant never requested Plaintiff or Mr. Lucas to perform any work on the Property. Additionally, Defendant informed Mr. Koser he could not afford to pay for any renovations on the "unused portion" of the Property. 29. Mr. Lucas, Plaintiff's president, offered to perform remodeling work to an unused portion of the Property. 30. About the time Mr. Lucas offered to perform the remodeling work, Defendant's daughter was in the process of relocating to Mechanicsburg, Cumberland County. Mr. Lucas wanted to provide Defendant's daughter the ability to move to the Property with a living area and entry separate from Defendant's main residence. 31. Because of his relationship with Defendant, Defendant's daughter and his relationship with Plaintiff, Mr. Lucas offered to perform the alleged work at the Property at no charge. 32. The remodel to the "unused portion" of the Property was never completed. Instead, Defendant's daughter moved in with and later married Mr. Lucas. 33. To date, the "unused portion" of the Property remains partially complete and is in need of additional construction. 34. As of the date of this responsive pleading, Defendant's daughter and Mr. Lucas are parties to their emotionally charged divorce action. 35. Neither Plaintiff nor Mr. Lucas requested payment from Defendant until this Complaint. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and enter Judgment in favor of Defendant and against Plaintiff plus costs and other such relief as this Honorable Court shall deem just and appropriate. COUNTERCLAIM 36. Paragraphs 1 through 35 of Defendant's Answer with New Matter are incorporated by reference as if fully set forth herein. Count I Pennsylvania's Home Improvement Consumer Protection Act 37. At all times material hereto, Plaintiff is a "Contractor" as defined under Pennsylvania's Home Improvement Consumer Protection Act (hereinafter "the Act"). See 73 P.S. § 517.2. 38. At all times material hereto, Defendant is an "Owner" as defined under the Act. See 73 P.A. § 517.2. 39. As alleged in Count I of its Complaint, Plaintiff alleges Defendant breached a contract for home improvements on the Property. 40. Pursuant to the Act, no home improvement contract shall be valid or enforceable against an owner if it is not in writing and signed by the Owner. See 73 P.S. § 517.7(a). 41. Plaintiff violated the Act by seeking a breach of contract action against Defendant when no enforceable contract exists between the parties. 42. A violation of any of the provisions of the Act shall be deemed a violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law (hereinafter the "PAUTPCPL"). 43. Pursuant to the PAUTPCPL, Defendant is entitled to actual damages including, but not limited to, his costs and attorneys' fees. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and enter Judgment in favor of Defendant and against Plaintiff plus statutory damages, attorneys' fees, costs and other such relief as this Honorable Court shall deem just and appropriate. Count II Pennsylvania's Fair Credit Extension Uniformity Act 44. Paragraphs 1 through 33 of Defendant's Answer with New Matter and Paragraphs 34 through 43 of his Counterclaim are incorporated by reference as if fully set forth herein. 45. Plaintiff is a creditor as defined by Pennsylvania's Fair Credit Extension Uniformity Act(hereinafter the "PAFCEUA"). See 73 P.S. 2270.3. 46. Defendant is a consumer as defined by the PAFCEUA. See 73 P.S. § 2270.3. 47. Plaintiff violated the PAFCEUA by filing a complaint seeking to enforce an alleged contract that is statutorily unenforceable. See 73 P.S. § 2270.4(b)(5)(v). 48. Plaintiff violated the PAFCEUA by filing a complaint seeking to collect interest at 18% per year when no contract permitting such an interest rate exists. See 73 P.S. § 2270.4(b)(6)(i). 49. Any violation of the provisions of the PAFCEUA shall be deemed a violation of the PAUTPCPL. See 73 P.S. § 2270.5(a). 50. Pursuant to the PAUTPCPL, Defendant is entitled to actual damages including, but not limited to, his costs and attorneys' fees. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and enter Judgment in favor of Defendant and against Plaintiff plus statutory damages, attorneys' fees, costs and other such relief as this Honorable Court shall deem just and appropriate. Respectfully submitted, WALTERS & GALLOWAY, PLLC David R. Galloway#8 326 Counsel for Defendant VERIFICATION I verify that the facts set forth in this Plaintiff's Answer with New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S § 4909, relating to unsworn falsification to authorities. 7 Date: January , 2014 j By David T. Leman, Jr. David R. Galloway Counsel for Plaintiff Attorney I.D. No. 87326 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ALLEN ELECTRICAL CONTRACTING, INC. t/d/b/a ALLEN BUILDING SYSTEMS, Plaintiff CIVIL ACTION - LAW No. 13-7288 VS. DAVID T. ALLEMAN, JR., Defendant CERTIFICATE OF SERVICE 1, David R. Galloway, certify I served a copy of Defendant's Answer with New Matter and Counterclaim on this date, upon counsel for Plaintiff by First-Class Mail, Postage Pre-Paid, addressed as follows: Joshua D. Bonn, Esquire NAUMAN, SMITH, SHISSLER& HALL, LLP 200 North Third Street, 18th Floor P.O. Box 840 Harrisburg, PA 17108-0840 Respectfully submitted, By: Date: January 2014 David R. Galloway Counsel for Plainti THE PROTHONU NAUMAN, SMITH, SHISSLER& HALL,LLP By: J. Stephen Feinour, Esquire 20 14 FEB 18 AM &: Attorney I.D. No. 24580 CUMBERLAND COU14TH' Joshua D. Bonn, Esquire PENNSYLVANIA Attorney I.D. No. 93967 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, PA 1.7108-0840 T: (717) 236-3010/F: (717) 234-1925 Attorneys for Plaintiff Allen Electrical Contracting, Inc. : IN THE COURT OF COMMON PLEAS t/d/b/a Allen Building Systems, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 13-7288 David T. Alleman, Jr., CIVIL ACTION - LAW Defendant PLAINTIFF'S PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER TO DEFENDANT'S COUNTERCLAIM Plaintiff, Allen Electrical Contracting, Inc. t/d/b/a Allen Building Systems, by its counsel, Nauman, Smith, Shissler& Hall, LLP, files these Preliminary Objections pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4) and Cumberland County Rule of Court 1028(c) and states as follows: 1. Plaintiff, Allen Electrical Contracting Inc. t/d/b/a Allen Building Systems, initiated this action against Defendant, David T. Alleman, Jr., on December 10, 2013 by filing a Complaint, which asserted causes of action based in breach of contract(Count 1) and quantum meruit(Count 2), to collect payment for renovations that Plaintiff performed at Defendant's residence. 1 2. Defendant filed an Answer with New Matter and Counterclaim on January 28, 2014. 3. Defendant alleges that Plaintiff violated Pennsylvania's Home Improvement Consumer Protection Act ("PAHICPA"), 73 P.S. § 517.1, et seq. (Answer, ¶41), and the Pennsylvania's Fair Credit Extension Uniformity Act("PAFCEUA"), 73 P.S. § 2270.3 et seq. (Answer, ¶48).1 4. Violations of the PAHICPA and the PAFCEUA are deemed violations of Pennsylvania's Unfair Trade Practices and Consumer Protection Law("PAUTPCPL")(Answer ¶¶42, 49), and thus Defendant asserts a Counterclaim under the PAUTPCPL for statutory damages, attorney's fees, and costs. Preliminary Objections in the Nature of a Demurrer (Pa.R.C.P. 1028 (a)(4)) to Defendant's Counterclaim 5. The PAUTPCPL allows an individual to pursue a private cause of action as follows: Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act or practice declared unlawful by section 3 of this act, may bring a private action to recover actual damages or one hundred dollars ($100), whichever is greater. 73 P.S. § 201-9.2(a) (emphasis supplied). 1 These allegations stem from the fact that there was no written contract between Plaintiff and Defendant. Plaintiff previously explained that it"did not require Defendant to execute a written contract because [Plaintiff's President] was dating Defendant's daughter." (Compl. ¶6). Defendant alleges that Plaintiff's President offered to perform the renovations for"no charge" because of that relationship. (Answer¶31). Contrary to the Defendant's allegation, the Plaintiff agreed to perform the renovations at the Defendant's residence in exchange for payment for time and materials. (Compl. ¶ 5). 2 6. To maintain a cause of action under the PAUTPCPL an individual must demonstrate that he or she suffered an "ascertainable loss as a result of the defendant's prohibited action." Weinberg v. Sun Co., Inc., 777 A.2d 442, 446 (Pa. 2011) (emphasis in original). 7. A demurrer should be sustained for claims that clearly and without doubt fail to state a claim for which relief may be granted. Schott v. Westinghouse Electric Corp., 259 A.2d 443 (Pa. 1969). 8. Here, Defendant has not set forth any facts to show he suffered an ascertainable loss, either as a result of Plaintiff's actions, or otherwise. Thus, Defendant has failed to meet the elements for a cause of action under the PAUTPCPL. WHEREFORE, Plaintiff, Allen Electrical Contracting Inc. t/d/b/a Allen Building Systems, requests the Court to sustain its Preliminary Objections and issue an order dismissing Defendant's Counterclaim pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4). NAUMAN, SMITH, SHISSLER& HALL, LLP By . Stephe Feinour, Esquire Supreme Court ID #24580 Joshua D. Bonn, Esquire Supreme Court ID#93967 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, PA 17108-0840 Phone: 717-236-3010 Fax: 717-234-1925 Attorneys for Plaintiff, Allen Electrical Contracting, Inc. t/d/b/a Allen Building Systems Date: February 18, 2014 3 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Karen Farhat, an employee of the firm of Nauman, Smith, Shissler& Hall, LLP, hereby certify that I this day served Plaintiff's Preliminary Objections in the Nature of a Demurrer to Defendant's Counterclaim by U.S. first class mail,postage prepaid, addressed to the following: David R. Galloway, Esquire Walters & Galloway, PLLC 54 E. Main Street Mechanicsburg, PA 17055 aren arhat, Secretary Date: February 18, 2014 , 4 David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 ilLED-CFF1.-CE OF 1HE PR OTHONO TAk 25i4 HAR 10 Ati 11: 25 CUMBERLAND COUNTY PENNSYLVANIA Counsel for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ALLEN ELECTRICAL CONTRACTING, INC. : t/d/b/a ALLEN BUILDING SYSTEMS, Plaintiff VS. DAVID T. ALLEMAN, JR., Defendant CIVIL ACTION - LAW No. 13-7288 DEFENDANT'S ANSWER WITH NEW MATTER & FIRST AMENDED COUNTERCLAIM NOTICE TO PLEAD: TO: ALLEN ELECTRICAL CONTRACTING, INC. t/d/b/a/ ALLEN BUILDING SYSTEMS, Plaintiff, by and through its attorney, JOSHUA D. BONN, ESQUIRE. You are hereby notified to file a written response to the enclosed New Matter and First Amended Counterclaim of Defendant within twenty (20) days from service hereof or a judgment may be entered against you. ANSWER TO COMPLAINT AND NOW, comes Defendant, by and through its attorney, David R. Galloway, Esquire, and responds to Plaintiffs Complaint as follows: 1. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth or falsity of the allegations contained herein. 2. Admitted. Count I Breach of Contract 3. Paragraphs 1 through 2 of this Answer are incorporated by reference as if fully set forth herein. 4 -5. Denied. The allegations contained in these Paragraphs are specifically denied. To the contrary, Defendant never wanted to rent out the "unused portion" of the Property and never requested Plaintiff to perform any work. 6. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth or falsity of the allegations pertaining to why Plaintiff did not request a written contract. Defendant admits Mr. Koser was dating and living with Defendant's daughter. 7. Denied. The allegation contained in this Paragraph is specifically denied. To the contrary, Defendant never requested Plaintiff to perform the renovations alleged. Additionally, Defendant informed Mr. Koser he could not afford renovations on the "unused portion" of the Property. 8. Denied. The allegation contained in this Paragraph is specifically denied. To the contrary, Defendant never received any invoice or demand for payment until Plaintiff served its Complaint. 9 -13. The allegations contained in these Paragraphs are conclusions of law to which no response is necessary. To the extent a response is necessary, the allegations are specifically denied. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff s Complaint with prejudice and enter Judgment in favor of Defendant and against Plaintiff plus costs and other such relief as this Honorable Court shall deem just and appropriate. Count II Quantum Meruit 14. Paragraphs 1 through 13 of Defendant's Answer are incorporated by reference as if fully set forth herein. 15 -16. The allegations contained in these Paragraphs are conclusions of law to which no response is necessary. To the extent a response is necessary, the allegations are specifically denied. To the contrary, Defendant never requested Plaintiff to perform the renovations alleged. Additionally, Defendant informed Mr. Koser he could not afford renovations on the "unused portion" of the Property. 17-18. Denied. To the contrary, Defendant does not rent, nor has he ever rented, any portion of the Property. Additionally, the "unused portion" of the Property is not and has never been in a condition to rent. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice and enter Judgment in favor of Defendant and against Plaintiff plus costs and other such relief as this Honorable Court shall deem just and appropriate. NEW MATTER 19. Paragraphs 1 through 18 of Defendant's Answer are incorporated by reference as if fully set forth herein. 20. Plaintiff s Complaint is barred due to the statute of limitations. 21. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 22. Plaintiff's Complaint is barred from recovery due to the doctrine of unclean hands. 23. Plaintiffs Complaint is barred from recovery due to Plaintiff's failure to deal in good faith. 24. Plaintiff s Complaint is barred from recovery due to the doctrine of laches. 25. Plaintiff's Complaint is barred from recovery due to the doctrine of estoppel. 26. Defendant is entitled to a set-off for any damages awarded to Plaintiff. 27. At all times material hereto, Defendant has acted in good faith. 28. Defendant never requested Plaintiff or Mr. Lucas to perform any work on the Property. Additionally, Defendant informed Mr. Koser he could not afford to pay for any renovations on the "unused portion" of the Property. 29. Mr. Lucas, Plaintiff s president, offered to perform remodeling work to an unused portion of the Property. 30. About the time Mr. Lucas offered to perform the remodeling work, Defendant's daughter was in the process of relocating to Mechanicsburg, Cumberland County. Mr. Lucas wanted to provide Defendant's daughter the ability to move to the Property with a living area and entry separate from Defendant's main residence. 31. Because of his relationship with Defendant, Defendant's daughter and his relationship with Plaintiff, Mr. Lucas offered to perform the alleged work at the Property at no charge. 32. The remodel to the "unused portion" of the Property was never completed. Instead, Defendant's daughter moved in with and later married Mr. Lucas. 33. To date, the "unused portion" of the Property remains partially complete and is in need of additional construction. 34. As of the date of this responsive pleading, Defendant's daughter and Mr. Lucas are parties to their emotionally charged divorce action. 35. Neither Plaintiff nor Mr. Lucas requested payment from Defendant until this Complaint. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and enter Judgment in favor of Defendant and against Plaintiff plus costs and other such relief as this Honorable Court shall deem just and appropriate. FIRST AMENDED COUNTERCLAIM 36. Paragraphs 1 through 35 of Defendant's Answer with New Matter are incorporated by reference as if fully set forth herein. Count I Pennsylvania's Home Improvement Consumer Protection Act 37. At all times material hereto, Plaintiff is a "Contractor" as defined under Pennsylvania's Home Improvement Consumer Protection Act (hereinafter "the Act "). See 73 P.S. § 517.2. 38. At all times material hereto, Defendant is an "Owner" as defined under the Act. See 73 P.A. § 517.2. 39. As alleged in Count I of its Complaint, Plaintiff alleges Defendant breached a contract for home improvements on the Property. 40. Pursuant to the Act, no home improvement contract shall be valid or enforceable against an owner if it is not in writing and signed by the Owner. See 73 P.S. § 517.7(a). 41. Plaintiff violated the Act by seeking a breach of contract action against Defendant when no enforceable contract exists between the parties. 42. A violation of any of the provisions of the Act shall be deemed a violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law (hereinafter the "PAUTPCPL"). 43. Pursuant to the PAUTPCPL, Defendant is entitled to actual damages including, but not limited to, his costs and attorneys' fees. 44. As a result of the lawsuit Plaintiff filed against Defendant, Defendant retained counsel at the rate of $175 per hour to defend him. Although total defense costs are still unknown, Defendant expects those defense costs to exceed $1,000. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and enter Judgment in favor of Defendant and against Plaintiff plus statutory damages, attorneys' fees, costs and other such relief as this Honorable Court shall deem just and appropriate. Count II Pennsylvania's Fair Credit Extension Uniformity Act 45. Paragraphs 1 through 33 of Defendant's Answer with New Matter and Paragraphs 34 through 44 of his Counterclaim are incorporated by reference as if fully set forth herein. 46. Plaintiff is a creditor as defined by Pennsylvania's Fair Credit Extension Uniformity Act (hereinafter the "PAFCEUA"). See 73 P.S. 2270.3. 47. Defendant is a consumer as defined by the PAFCEUA. See 73 P.S. § 2270.3. 48. Plaintiff violated the PAFCEUA by filing a complaint seeking to enforce an alleged contract that is statutorily unenforceable. See 73 P.S. § 2270.4(b)(5)(v). 49. Plaintiff violated the PAFCEUA by filing a complaint seeking to collect interest at 18% per year when no contract permitting such an interest rate exists. See 73 P.S. § 2270.4(b)(6)(i). 50. Any violation of the provisions of the PAFCEUA shall be deemed a violation of the PAUTPCPL. See 73 P.S. § 2270.5(a). 51. Pursuant to the PAUTPCPL, Defendant is entitled to actual damages including, but not limited to, his costs and attorneys' fees. 52. As a result of the lawsuit Plaintiff filed against Defendant, Defendant retained counsel at the rate of $175 per hour to defend him. Although total defense costs are still unknown, Defendant expects those defense costs to exceed $1,000. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice and enter Judgment in favor of Defendant and against Plaintiff plus statutory damages, attorneys' fees, costs and other such relief as this Honorable Court shall deem just and appropriate. Respectfully submitted, WALTERS & GALLOWAY, PLLC David R. Gallowa #87326 Counsel for Defe •ant VERIFICATION I verify that the facts set forth in this Plaintiffs Answer with New Matter and First Amended Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S § 4909, relating to unsworn falsification to authorities. Date: March 2014 David R. Galloway WALTERS & GALLOWAY, PLLC Attorney I.D. No. 87326 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ALLEN ELECTRICAL CONTRACTING, INC. t/d/b/a ALLEN BUILDING SYSTEMS, Plaintiff VS. DAVID T. ALLEMAN, JR., Defendant CIVIL ACTION - LAW No. 13-7288 CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of Defendant's Answer with New Matter and First Amended Counterclaim on this date, upon counsel for Plaintiff by First-Class Mail, Postage Pre-Paid, addressed as follows: Date: March f, 2014 Joshua D. Bonn, Esquire NAUMAN, SMITH, SHISSLER & HALL, LLP 200 North Third Street, 18th Floor P.O. Box 840 Harrisburg, PA 17108-0840 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Defendant NAUMAN, SMITH, SHISSLER & HALL, LLP By: J. Stephen Feinour, Esquire Attorney I.D. No. 24580 Joshua D. Bonn, Esquire Attorney I.D. No. 93967 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, PA 17108 -0840 T: (717) 236 - 3010 /F: (717) 234 -1925 ih._ I E PLO ONO TA •Cz 2714 MAR 26 AN 8: pa CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff Allen Electrical Contracting, Inc. t /d/b /a Allen Building Systems, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 13 -7288 David T. Alleman, Jr., CIVIL ACTION - LAW Defendant PLAINTIFF'S PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER TO DEFENDANT'S FIRST AMENDED COUNTERCLAIM Plaintiff, Allen Electrical Contracting, Inc. t /d/b /a Allen Building Systems, by its counsel, Nauman, Smith, Shissler & Hall, LLP, files these Preliminary Objections pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4) and Cumberland County Rule of Court 1028(c) and states as follows: 1. Plaintiff, Allen Electrical Contracting Inc. t /d /b /a Allen Building Systems, initiated this action against Defendant, David T. Alleman, Jr., on December 10, 2013 by filing a Complaint, which asserted causes of action based in breach of contract (Count 1) and quantum meruit (Count 2), to collect payment for renovations that Plaintiff performed at Defendant's residence. 1 2. Defendant filed an Answer with New Matter and Counterclaim on January 28, 2014. 3. Plaintiff filed Preliminary Objections in the nature of a demurrer to Defendant's Counterclaim on February 18, 2014. 4. Defendant filed an Answer with New Matter and First Amended Counterclaim on March 10, 2014. 5. Defendant's First Amended Counterclaim alleges that Plaintiff violated Pennsylvania's Home Improvement Consumer Protection Act ( "PAHICPA "), 73 P.S. § 517.1, et seq. (¶ 41), and the Pennsylvania's Fair Credit Extension Uniformity Act ( "PAFCEUA "), 73 P.S. § 2270.3 et seq. (¶ 49).1 6. Violations of the PAHICPA and the PAFCEUA are deemed violations of Pennsylvania's Unfair Trade Practices and Consumer Protection Law ( "PAUTPCPL ")(Answer ¶¶ 42, 50), and thus Defendant asserts a Counterclaim under the PAUTPCPL for statutory damages, attorney's fees, and costs. Preliminary Objections in the Nature of a Demurrer (Pa.R.C.P. 1028 (a)(4)) to Defendant's Counterclaim 7. The PAUTPCPL allows an individual to pursue a private cause of action as follows: Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of 1 These allegations stem from the fact that there was no written contract between Plaintiff and Defendant. Plaintiff previously explained that it "did not require Defendant to execute a written . contract because [Plaintiff's President] was dating Defendant's daughter." (Compl. if 6). Defendant alleges that Plaintiffs President offered to perform the renovations for "no charge" because of that relationship. (Answer ¶31). Contrary to the Defendant's allegation, the Plaintiff agreed to perform the renovations at the Defendant's residence in exchange for payment for time and materials. ( Compl. ¶ 5). 2 money or property, real or personal, as a result of the use or employment by any person of a method, act or practice declared unlawful by section 3 of this act, may bring a private action to recover actual damages or one hundred dollars ($100), whichever is greater. 73 P.S. § 201- 9.2(a) (emphasis supplied). 8. To maintain a cause of action under the PAUTPCPL an individual must demonstrate that he or she suffered an "ascertainable loss as a result of the defendant's prohibited action." Weinberg v. Sun Co., Inc., 777 A.2d 442, 446 (Pa. 2011) (emphasis in original). 9. A demurrer should be sustained for claims that clearly and without doubt fail to state a claim for which relief may be granted. Schott v. Westinghouse Electric Corp., 259 A.2d 443 (Pa. 1969). 10. Here, Defendant has not set forth any facts to show he suffered an ascertainable loss as a result of Plaintiff's actions. Thus, Defendant has failed to meet the elements for a cause of action under the PAUTPCPL. 11. Defendant's First Amended Counterclaim alleges Defendant retained counsel at a rate of $175 per hour as a result of the lawsuit Plaintiff filed against him. See Defendant's Answer with New Matter and First Amended Counterclaim, ¶¶ 44, 52. 12. Defendant has alleged no ascertainable loss aside from attorney's fees. 13. Defendant's attorney's fees to defend this lawsuit do not constitute an ascertainable loss resulting from Defendant's allegedly prohibited actions. 3 WHEREFORE, Plaintiff, Allen Electrical Contracting Inc. t /d /b /a Allen Building Systems, requests the Court to sustain its Preliminary Objections and issue an order dismissing Defendant's First Amended Counterclaim pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4). Date: March 26, 2014 NAUMAN, SMITH, SHISSLER & HALL, LLP By --- . Stephen Feinour, Esquire Supreme Court ID #24580 Joshua D. Bonn, Esquire Supreme Court ID #93967 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, PA 17108 -0840 Phone: 717- 236 -3010 Fax: 717 - 234 -1925 Attorneys for Plaintiff, Allen Electrical Contracting, Inc. t /d /b /a Allen Building Systems 4 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Karen Farhat, an employee of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served Plaintiff's Preliminary Objections in the Nature of a Demurrer to Defendant's First Amended Counterclaim by U.S. first class mail, postage prepaid, addressed to the following: Date: March 26, 2014 David R. Galloway, Esquire Walters & Galloway, PLLC 54 E. Main Street Mechanicsburg, PA 17055 5 Cu PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) June 27, 2014 CAPTION OF CASE (entire caption must be stated in full) Allen Electrical Contracting, Inc. t/d/b/a Allen Building Systems vs. David T. Alleman, Jr. No. 13 7288 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Joshua D. Bonn, Esquire, Nauman, Smith, Shissler & Hall, LLP (Name and Address) 200 N. 3rd St., 18th FI., P.O. Box 840, Harrisburg, PA 17108-0840 (b) for defendants: David R. Galloway, Esquire, Walters & Galloway, PLLC (Name and Address) 54 E. Main St., Mechanicsburg, PA 17055 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 27, 2014 Date: May 5, 2014 6giinature J iu sty„a V. (3Om1 Print your name Allen Electrical Contracting, Inc. t/d/b/a Allen Building Systems Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 7S-gi Ofigt ;,k Vd issrp ALLEN ELECTRICAL CONTRACTING, INC., d/b/a ALLEN BUILDING SYSTEMS Plaintiff v. DAVID T. ALLEMAN, JR., Defendants Count/ at 4Cumbtrtattb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 13-7288 CIVIL ACTION IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER TO DEFENDANT'S FIRST AMENDED COUNTERCLAIM BEFORE HESS, P.J. and PLACEY, J. ORDER OF COURT AND NOW, this 11th day of July 2014, upon consideration of Plaintiff's Preliminary Objections, Plaintiff's Brief in Support thereof, Defendant's Brief in Opposition thereof, and following argument held on 27 June 2014, Plaintiff's preliminary objections are OVERRULED. Distribution List: Joshua D. Bonn, Esq. David R. Galloway, Esq. & pr€5 .`lea' 7/n/p/ Aja 1t.ED }q.. IE. F'RiaTHONO 1►�h t David R. Galloway Attorney I.D. No. 87326 2111 AUG l 2 PM 12:55 WALTERS & GALLOWAY, PLLC E. Main Street CUMBERLAND AN N COUNTY Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ALLEN ELECTRICAL CONTRACTING, INC. : t/d/b/a ALLEN BUILDING SYSTEMS, Plaintiff CIVIL ACTION - LAW No. 13-7288 vs. DAVID T. ALLEMAN, JR., Defendant JOINT PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO THE PROTHONOTARY: Please mark the above -entitled case, including the Counterclaim, as settled, discontinued and ended with prejudice. Respectfully Submitted, WALTERS & GALLOWAY, PLLC By David R. Galloway Attorney I.D. #8732 54 E. Main St. Mechanicsburg, PA 17055 Attorney for Defendant Date: August 1". 2014 Respectfully submitted, NAUMAN, SMITH, SHISSLER & HALL, LLP By Josa D. Bonn Attorney I.D. #93967 200 N. 3'd St., 1861F1. P.O. Box 840 Harrisburg, PA 17108-0840 Attorney for Plaintiff Date: August 7, 2014 David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 _(lr tC T � I PRO1H0NO TAM PLLAUG 12 PH 12: 55 CUMBERLAND ► Y PENNSYLVANIA Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN ELECTRICAL CONTRACTING, INC. : t/d/b/a ALLEN BUILDING SYSTEMS, Plaintiff vs. DAVID T. ALLEMAN, JR., Defendant CIVIL ACTION - LAW No. 13-7288 CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the within Joint Praecipe to Settle, Discontinue and End With Prejudice on this date, upon Plaintiff by first-class mail, postage pre- paid, addressed as follows: Joshua D. Bonn, Esquire NAUMAN, SMITH, SHISSLER & HALL, LLP 200 N. 3rd Street, 18th Floor P.O. Box 840 Harrisburg, PA 17108-0840 Date: August ! . , 2014 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Defen '4 ant