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Home My WebLink About05-1383 NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS ", CUMBERLAND JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMONPUASNo. O!;- nf3 (!iUL~Y>J NOTICE OF APPEAL Notice is gi_ that the oppeIlant has filed in the above Court of Comman Pleas an appeal from the judgment rendered by the District Justice on the dale and in the e<ne mentioned below. NAME OF APPEUANT MAG..D1T. NAME Of D.J. Fine Line Pavement Marking, Inc. ESS .....LLANT CITY 09-1-01 STAT! Zl'C P.O. Box 9, Grantham, PA 17027 TE Jt.[)Gt.o'.fNT IN THE CAse OF (Plaintiff) (Defenda1t I 2/14/05 RJ Potteiger Construction Services ~ Fine Line Pavement Marking, Inc. SlGNATURf OF APf'aLANT HIS ATTORt-Ey OR AGENT CV 0000729-04 LT This block wiD be signed ONLY when this natation is required under Po. RJ:P.JP. 10088- This Notke of Appeal, when received by the District Justice, will operate os a SUPERSEDEAS to the judgment for possession in this case. :4~~ If appel/ant was CLAIMANT (see Pa. R.CP.JP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL Signature of Prothon_y or Depufy 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.PJ.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee), PRAECIPE: Ta Prothonotary Enter rule upan RJ Potteiger Construction Services ,appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. Or: - /J.I?3 rz I 'u;{ 7JL.rl\ ) within twenty (20) days after service of rule or sufler entry of j RULE: To RJ Potteiger Construction Serv; ces ,appellee{s). Name of awel~s) (11 You are natified that a rule is hereby entered upon you to file a complaint in this appeal within twenty 120) days alter the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do nat file a complaint within this ~me, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. Date: fY2'cMf .1._ J b GLM5 f~~._.~ (3) The dale of service of this rule if service was by mail is the date of mailing. AOPC 312.90 COUR.T FILE TO BE FILED WITH PROTHONOTARY COMMONWEALTH PENNSYLV.ANiA COUNTY OF "'" () n C::? ~ -<Q c-: ;;::;;;;,1 -n i- <f' ~ --' (<::. -..- X-n ')::'" n1f= it. :;0 ~'::1~ ~\ "11 ) ;,J'. ~:.:~) 9~ '- 1v -:7 -, -::'~ f" "-J -V ~~,- ;..l.) '~5rn "-- " p: r:":1 , '-(: .~" >-S) r ~~:~ ....... t: .~ \"-. ~ "..-.,:.;:.':~ <9 \!' \ (jJ \ (t) <;! '" It) ~ ~ ~ '" 0 a:. << 0 ..J . a-. ..J 0 ~ c> \fl 0 0 C'l CO ~ .s Ul l< 0 C\'J:\)O~'r\CC, ,\,,, \_ ~.. ,.., ,,_'\ \....... ~ \' )1 ,-' ...( 't 0- "fUr'" C)\.it '\'.''0.\,\...1\, "" 'r \'1\1;. \ ,\....'" - ' 1~'(j~ SJ\.. -8 ?\-\ 7..: S'O . ,d..'-"" .",_ .. ;-\-J"" ;~\t\i C' I'\I,.~..''''''.I ,..,.,.,j .", \...\ \.x,',.-..):::;:' ";".r>/:\!t.' \\1' ~] ",\".'-_'\' 'r\'~" \ t.\"....,J -' .' , .. '\ \ 'ill ~~..~ 8\~\~ ~~\it_ 1~\~'tA ~~%~~ ~\ \ o u Q) ~ i .0-1 :x: cD. ~ ~ ai ,.., '6 n ~~ ~ ... ,.0<\ ~ '" \~.3~1:l .. .. .. .. ctI o .. ., :ll ri'I o \I1 .. ri'I .. ri'I o ., - ~ ctI ri'I \I1 ~ It l~ . \Q\ ",0> co .n ",Q) ....-1-' \-1-' '8& . RECEIPT FOR REFUND ------------------ ------------------ Cumberland County Prothonotary's Office Carlisle, Pa 17013 POTTEIGER RJ CONSTRUCTION SVC POBOX 164 NEW KINGSTOWN, PA 17072 Case Number 2005-01383 Remarks THIS DEFAULT SHOULD NOT HAVE BEEN TAKEN ---------------------- Distribution Of Transaction Description APPEAL D.J. TAX ON APPEAL SETTLEMENT AUTOMATION FEE JCP FEE JDMT/DEFAULT OVERPYMNT/RFND Beg. Bal. 35.00 .25 5.00 5.00 10.00 9.00 64.25 Receipt Date 7/08/2005 Receipt No. 166132 Adjustment --------------------------- Disbursed This Adj 35.00 .25 5.00 5.00 10.00 9.00 64.25 9.00- 9.00 Cumberland County Prothonotary's Office Manual Release Check Reglster Escrow Amount 15025807082005 PYS405 Distribution Case No -------------------------------------------------------------------------------- 1538 3880 HIPP JENNIFER ESQ OVERPYMNT/RFND 2005- 01383 Page 1 7/08/2005 Date Release Accounting Tran Date Check Date: 07/08/2005 Check No, : REFUND - ADJ. 9.00 7/08/2005 Payee total: 9.00 --------------------------------------------------.------------------------------ Grand total: 9.00 --- R.J. POTTEIGER CONSTRUCTION: SERVICES, INC., plaintiff IN THE COUR'P OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW FINE LINE PAVEMENT MARKING,: NO. 2005-1383 CIVIL TERM INC. , Defendant PRAECIPE FOR DEFAULT JODGMEN'l' TO: CURTIS R. LONG, PROTHONOTARY Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Please enter a Default Judgmept in falvor of Plaintiff, R.J. Potteiger Construction Services, Inc. and against Fine Line Pavement Marking, Inc., Defendant, in the amount of $2,031.00, plus costs and interests from February 14, 2005. Written notice of Plaintiff's Notice of Intention to file for Entry of Default Judgment was mailed to the Defendant and is attached to this Praecipe as Exhibit "A". ResPectfullY, . ~\~ \-0: j<:nn'l~ft 13 Hip1'- rsz.;~~H:~i58 ESQUIRE -r: d "\- One West Main Street - {(j ~ Uo... 'e.. .. Shiremanstown, PA 17011 ~~ . J (717) 737-8761 _ l).(\d Or(,5\CW~' l.)U..t-JK. Attorney for plaintiff o r- \, R.J. Potteiger Construction 05 -I 3 ~ 3 \ \ ",c:. flAI10 ' Services, Inc. PoIl e.i~eR \J 5 ri ~e. U Ne. '" ?JtfLcD NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS fi.J POTTEIGER CONSTRUCTION SERVICES' PO BOX 164 NEW KINGSTOWN, PA 17072 L ~ DEFENDANT: NAME and ADDRESS !PIn LIn PAVDBRT MAlUtIlII'G INC PO BOX 9 GRAlII'TBAM, PA 17027 COMMONWEALTH OF PENNSYLVANIA QOUNTY OF: COMBERLARD Mag. Dist No 09-1-01 MDJ Name: Hon C'lV\RLES A. CLBMERT, JR Address: 400 BRIDGE ST OLDE TOWHB COMMONS -SUITE 3 NEW COMBERLARD, PA Telephone: (717 ) 774-5989 17070 VS. ATTORRBY DBI!' PRIVATE : DOUGLAS G. MILLER IRWIN &: McnnGII 60 'If POMP'RBT ST CARLISLE, PA 17013 L Docket No.: CV-0000729-04 Date Filed: 12/08/04 THIS IS TO NOTIFY YOU THAT: Judgment: iii Judgment was entered for: paR PJ.lI.TlITIPP (Name) ll,T pn......1l!T(.!1l!ll I"n1ll'A...llnC"...TnN A1l!1lV . ' iii Judgment was entered against: (Name) P'T1II1l! J.T1II1l! PlI.V1nnnII'I' M&ll1rTNa TNC'! in the amount of $ (Date of Judgment) 2,1'17 00 on: 2/14/00; . D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total D Amount of Judgment Subject to Attachment/42 Pa.C.S. 9 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ , ~ . $ 2,031.25 $ 84.50 $ 81,25 $ .00 $ 2,197.00 ------------ ------------ 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 THE 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 JUDGEMENT 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 MAYBE ISSUED BY THE. MA\l\ST~eIAL'DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN TllIi JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE .(iJpGMENT DEBtOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. :," FEB 1 ,. 2005 Date ~ .~- . Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containingtq.e judgrTlenl. ",.,',.:...,:.........,.." Date , Magisterial District Judge My commission expires first Monday of January, 2008 SEAL AOPC 315.05 2/14/05 12:36:03 PM DATB PRIlIITED: COMMONWEAUH Ci..<-1Yl .b-e(Lo~"'cd i 'tlJ /l,-:;pnrr, CorY'P'c" ~il1-:05 . PI:!:;i;'! ;,1L:,~i>>'j '(fori'!'"~ . :nn11 th:c ~ ~CLJcL 11~QDD5 ..... ~ ;\i~/1 lu::hef I'l(:r\'t?d Htlif) '-OlOJQ) 1. /7V-tJ . i)~,~~'k6.. ...2 ()c)o.. ~. ..1IrJ.;{j.-fZ-. CL:LfI!&fr 'C>i'kJ""C PENNSYLVANIA NoIIItoI SoIl MIIhI L Noel. Ncl8Iy PullIc C8dIII8l1c1o, o..lb.ftIIlldCeunly t.\'eo.'.I~.&pN8IpL 18. 7m7 Member. Pennoylvonlo AooodOlton Of Notarteo ,,,J '\(LQ'l>~i\n~ddL U.S. Postal Service," CERTIFIED MAIL," RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) U.S. Postal Service," CERTIFIED MAIL" RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) JI rn o : ~~n.t~..':'..a"".'.'."'''.''a.,nla.'''. ".nl'.,"".' a.'1 I """':,. ""'.' f'- LDGM ,-FINH'LINK.PAVHIG'. ....:: .~. r'- ._-_._-~ - Ul 1'091age l $ I ~ 7 ~ C,rtl1l,' F"~: 30 o AeturnAeclaplFee --~ o lEndorsementRequired) L75_- o Restricted Delivery Fee . r=I (Endorsement Required) . r'l IT1 Total Postage & Fees l $1{. If d-- Postmark Hare rn cT o : ~"'.'".'a"""":"""":'R.'a.'''. :":."~'" I "" "."".~"'''' f'- DGM ~'F:fjne .'. LitlePa\1itl. ~":', f'- " U1 Postage $ A I .::r- Certified Fee o o Return Reciept FeB o (EndorsernentRequired) o Restricted Delivery Fee ~ (Endorsement Required:, r'l m Total Postage & Fees $ a ~ Sent To o "!l,J,,.!;~,a,!: 1~,~,...!;J.!'.!I!~XJ,t~ ,,,.J.~"''''___'''''''''' "".",,,.,,,,,,,, f'-.~~~~~idge Street , 'clj)'.liIlI,'z1l'OW'iie "Comifioii,F"Siiil:',i"j"""""'"'''' Postmark Hare m SentTo o o 'sJ..~!ltU~!-'N~.~!..~!-PP.;p._-~~.q~!!"_Il!..,.---.._._--. r- ree,lipt. 0., 1~~::::';~Stt:e~;~_~,;. u1 i "'-" ,- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL F.CM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLlAS No.. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common pteoS an appeal from the judgment rendered by the District Justice on the dote and in the case mentioned below. CITy --I MAG. DlSl NO. OR NAME Of DJ. i _.~- NAME OF AF'PfllANT A.OORESS Of APPElLANT STATE ZI'COOf DATE Of AOGMENT (DeIend8nt ) QAlM NO CAS< Of II'&"'ff) "" SIGNATURE Of APPELLANT OR HIS ATTORNEY OR AGENT ~~ \.:C;',;;'. 't'-~.ii J:.i'~.. This black will be ~gned ONLY when this notation is required under Pc. R.CP.JP. Nt>. If appel/ant was CLAIMANT (see Pa. HCP.JP. No. 1008B. This Notice of Appeal. when received by the District Justice. will operete as a 1001 (6) in action before District Justice, he MUST SUPERSEDEAS to the judgment far possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE 01 APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section 01 lorm to be used DNL Y when appellanl was DEFENDANT (see Pa. HCP.JP. No. 100 I (7) in action belore District Justice. IF NOT USED. detach from copy of notice 01 appeal to be served upon appellee). PRAECIPE: To Prethonotory Enter rule upon Name of awe/lee( s) . appellee{s). to file a complaint in this <:appeal (Common Pleas Na. /"j: i " ) within twenty (20) days after ser\(!~~ of rule or suffer entry of judgment of non pros. .' II ':,Ii.~.:. F U Sign8t1)(e o'f appellant or hIS attorney or agent RULE. To Name of appellee( s) . 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 servio! of this NIe upon you by personal serv;ce or by certified or registered mail. (2) If you do rlat file 0 complaint within this time, 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The' dote of service of this rute if service was by mail is the date of mailing. Dote: /';;1', ii-.,,~.(.~,.< SIgnature of Pro!horlot8<y or Deputy COURT FILE AOPC 312~90 . R.J. POTTEIGER CONSTRUCTION: SERVICES, INC., Plaintiff IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, P NNSYLVANIA vs. CIVIL ACTION - LAW FINE LINE PAVEMENT MARKING,: NO. 2005-1383 CIVIL TERM INC. , Defendant NOT ICE You have been sued in court, If you wish to the claims set forth in the following pages, you m within twenty (20) days after this complaint and n served, by entering a written appearance personall attorney and filing in writing with the court your objections to the claims set forth against you. Y that if you fail to do so the case may proceed wit judgment may be entered against you by the court w notice for any money claimed in the complaint or f claim or relief requested by the plaintiff. You m or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO 0 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN G Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle. Pennsylvania 17013 (800) 990-9108 efend against st take action tice are or by defenses or u are warned out you and a thout further r any other y lose money NCE. IF YOU TELEPHONE THE T LEGAL HELP. By: Jenn fer . Hipp, Esquire Pa. I.D. No. 8655 1 West Main Stree Shiremanstown, PA 17011 (717) 737-8761 Attorney for P1ai R.J. Potteiger Co Services, Inc. R.J. POTTEIGER CONSTRUCTION: SERVICES, INC., Plaintiff IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, P NNSYLVANIA vs. CIVIL ACTION - LAW FINE LINE PAVEMENT MARKING, INC. , NO. 2005-1383 CIVIL ERM Defendant COMPLAINT R,J. Potteiger Construction Services, Inc., P aintiff, by and through its attorney, Jennifer B. Hipp, Esquir , respectfully represents as follows: 1. Plaintiff herein is R. J. Potteiger Const uction Services, Inc., a corporation organized and existi g under the laws of the Commonwealth of Pennsylvania, having i s principal office and a mailing address of 20 Deer Lane, Carl'sle, Pennsylvania 17013. 2. Defendant herein is Fine Line Pavement Ma a business operating in the Commonwealth of Pennsylv ia, having a mailing office of P.O. Box 9, Grantham, pennsylvania 17027. 3. In accordance with a Proposal made by Plai tiff, which Proposal was made upon the request of Defendant, sa April 21, 2004, all of which occurred in Cumberland County, dated Pennsylvania, Defendant requested and Plaintiff agr ed to supply certain services, equipment, materials and labor, 11 in conjunction with the Proposal on behalf of Defenda t at a project known as the Westport Building, located at 4600 We tport Drive, Mechanicsburg, Pennsylvania. A true and correct c py of the Proposal is attached hereto, marked Exhibit "AN an incorporated herein, 4. Pursuant to the Proposal, the total esti ated cost for plaintiff to perform the requested work and provid the requested material totaled $2,031.25. See Exhibit "AN. 5. After Plaintiff performed the requested ervices and provided the requested materials, all pursuant to t e proposal (See Exhibit "AN), Plaintiff issued to Defendant an invoice dated July 8, 2004 in the total amount of $2,031.25. A t ue and correct copy of the July 8, 2004 invoice is attache hereto, marked Exhibit "BN and incorporated herein. 6. Plaintiff fully and adequately performed t e services requested and provided the materials ordered by the Defendant In accordance with Plaintiff's Proposal, all performed in an acceptable and workmanlike manner, said work being ompleted on or about July 7, 2004, 7. On September 23, 2004, Plaintiff submitted to Defendant correspondence regarding the July 8, 2004 invoice a d requesting 2 that payment of that invoice for the agreed-upon c arges for materials and services provided by Plaintiff to De endant be satisfied in full. A true and correct copy of Pla ntiff's September 23, 2004 correspondence is attached here 0, incorporated herein and marked as Exhibit "C". 8. Plaintiff's invoice and statement represe t the reasonable and necessary charges for its services nd goods provided. 9. Despite Plaintiff's repeated demands, Def ndant has failed and refused to bring current and pay in ful the amount billed as set forth in Plaintiff's invoice stateme Exhibits "B" and "C") for a total amount due and 0 $2,031.25, 10. Payments of all amounts were to be made to Plaintiff at P.O. Box 164, New Kingstown, pennsylvania 17072. 11. On or about December 8, 2004, plaintiff f'led a Civil Complaint with Magisterial District Judge Charles A. Clement, Jr. A true and correct copy of Plaintiff's Civil Compla'nt is attached hereto, incorporated herein and marked as xhibit "D". 12. On February 9, 2005, Plaintiff and Defend nt participated in the hearing before the Magisterial istrict Judge Clement, Jr., regarding Plaintiff's Civil Complaint 3 13, On or about February 14, 2005, Magisteri 1 District Judge Clement, Jr., issued a Notice of Judgment/Tr nscript, Civil Case, notifying Plaintiff and Defendant that judgm nt was entered for Plaintiff in the total amount of $2,197.00. A true and correct copy of the Notice of Judgement/Transcript is attached hereto, and incorporated herein as Exhibit "E". 14. To date, Defendant has failed and refuse to satisfy the judgment entered against it for amounts due an owing to Plaintiff. COUNT NO. 1 - BREACH OF CONTRACT 15. The averments of Paragraphs 1 through an including 14 hereinabove are incorporated herein by reference t ereto. 16. By virtue of the contract between Plaint'ff and Defendant, Defendant agreed to pay, in full. the r asonable and necessary cost of services rendered and goods provided, which outstanding balance is in the amount of $2,031.25. (See Exhibit "E") 17. To date, Defendant, despite proper request and demand by Plaintiff, has not brought its account current. 4 WHEREFORE, plaintiff demands judgment against Defendant, Fine Line Pavement Markings, Inc., in the amount 0 $2,031.25, plus interest, together with the costs of this act'on, attorneys' fees and any and all other relief deemed just and ppropriate. COUNT NO.2 - 18. The averments of Paragraphs 1 through an including 17 hereinabove are incorporated herein by reference t ereto. 19. Pursuant to the request made by Defendan , Plaintiff provided services and goods to Defendant. 20. The reasonable and necessary charges for said services and goods provided as requested by Defendant are i the total amount of $2,031.25. 21. To date, Defendant, despite proper reque t and demand by Plaintiff, has not brought its account current. 22. By reason of Defendant's request for per ormance of services and providing of goods, Defendant implied y promised to pay the reasonable and necessary charges for same. WHEREFORE, Plaintiff demands judgment against Defendant, Fine Line Pavement Markings, Inc., in the amount 0 $2,031.25, 5 plus interest, together with the costs of this act'on, attorneys' fees and any and all other relief deemed just and ppropriate. COUNT NO. 3 - UNJUST ENRICHMENT 23. The averments of Paragraphs 1 through an including 22 hereinabove are incorporated herein by reference t ereto. 24. Defendant obtained the services and good of Plaintiff as set forth herein. 25. Plaintiff fully and adequately performed services and provided goods requested by Defendant. 26. As a direct and proximate result of Defe dant's refusal to pay the reasonable value of Plaintiff's service and goods from which Defendant benefitted, Defendant has bee unjustly enriched in the amount of $2,031.25. WHEREFORE, Plaintiff demands judgment against Defendant, Fine Line Pavement Marking, Inc., in the amount of $2,031.25, plus interest, together with the costs of this act on, attorneys' fees and any and all other relief deemed just and ppropriate. 6 COUNT NO.4 BREACH OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. ~ 501, et sea. 27. The averments of Paragraphs 1 through an~ including 26 hereinabove are incorporated herein by reference t~ereto. 27, Plaintiff and Defendant entered into a cJnstruction contract requiring Plaintiff to perform certain se~vices and provide certain materials to a construction site 1Jcated in Mechanicsburg, Pennsylvania. See Exhibits "AU and "BU. 29. Defendant obtained the services and good of Plaintiff pursuant to the terms of their construction contra t as set forth herein. 30. Plaintiff fully and adequately performed services and provided goods requested by Defendant pursuant to he terms of their construction contract as set forth herein. 31. Defendant breached its payment obligatio s to Plaintiff as set forth in the Contractor and Subcontractor P yment Act, 73 P.S. ~ 501, et sea., by failing to make payment to Plaintiff in a timely manner. 7 WHEREFORE, Plaintiff demands judgment against Defendant, Fine Line Pavement Marking, Inc., in the amount of $2,031,25, plus interest and applicable penalties, together w'th the costs of this action, attorneys' fees and any and allot er relief deemed just and appropriate. B. Hip Pa. I.D. No. 86 1 West Main Str Shiremanstown, (717) 737-8761 17011 Date: April 6, 2005 Attorney for Pl R.J. Potteiger Services, Inc. intiff, onstruction 8 VERIFICATION I verify that the statements made in this Com laint are true and correct. I understand that unsworn statements made subject to the penalties of 18. tion 4904, relating to unsworn falsification to authorities. Ro DATE: '~ ,2005 RJRtteiger ConstructiDn Service, Inc. P.O. Box 164 :'i' ew Kingstown, P A 17072 NAME / ADDRESS Ken Landis rrEM Sertice DESCRIPTION OF ESiIMATE I Tne following is on ESilMATE for Speed Bump Anchors Scope or Werk: . Move in . Cere Drill 42, 10" Holes through csphelt . Remove plugs end dispose of . Auger 42. 10" hole to the depth of 36" below finish grcde . Fill 42. 10" diameter., 36" deep holes with concrete to Tap of finish grcde . Floet finish . Instell 42 1/2 diemeter x 16" long . Cleen up werk eree ROCK CLAUSE: lebor rete to remove. $32.00 per men hour E<:;uipment rentel cost pius 10% . NOT INCLUDED: ',' Removal or speed bumps '. ley out reectien of holes Due 10 meteriel COST inc,eases this price is only valid fer 10 days. ~ EXHIBIT '" w ~ A ti ~ ~ < :stimate is good for 10 days! Phone: 717-789-2182 Fax: 717-789-2181 ST1MA TE D TE I 4/21/2004 P OJECT Speed ump Anchors TOTAL 2,031.25 lictel $2.031.25 RJPotteiger Construction Services, Ine. P.O. Box 164 New Kingstown, P A 17072 BILL TO Fine Line Paving PO Box 9 Grantham, PA 17027 TERMS Net 20 ITEM DESCRIPTION The following is an INVOICE for Speed Bump Anchors Scope of Work Completed: . Move in . Core Drill 42, 10" Holes through asphalt . Remove plugs and dispose of . Auger 42. 10" hole to the depth of 36" beiow finish grade . Fill 42, 10" diameter., 36" deep holes with concrete to top of finish grad . Float finish . Install 42 1/2 diameter x 16" iong . Clean up work area Service Thank you for your business. It has been a pleasure workina II> ith you. ~ EXHIBIT " iJL .:. :t TOTA Phone: 717-697-3192 Fax: 717-697-3193 Invoice DATE INVOICE NO. 7/8/2004 1261 RJP No. 04044-Speed Bump Anch... AMOUNT 2,031.25 $2,031 .25 ,~ lifRtteiger Construction Service, Inc. , .0. Box 164 'ew Kingstown, PA 17072 Phone: 717-789-2182 Fax: 717-789-2181 September 23,2004 Ken Landis PO Box 9 Grantham, P A 17027 Dear Ken, Although we have contacted you about the outstanding balance on your a count, we still have not received payment from you. You have an outstanding balance of $2,031.25, The following invoices are overdue: Inv. No. I~v. Date Due Date Inv. F..lll.cun.t Balance 04044-Speed Bump )~~c~o=s 126: 07/08/2004 07/28/2004 $2,031. 25 $2,031.25 If you have already sent payment in full, we ask that you call and let us please call me to discuss what you plan to do to settle your account. To te, September 23,2004, we have not charged you finance charges. We are requesting yo invoice be paid in full by September 30, 2004. If we do not receive payment by this 'me finance charges will apply at 1.5% per month including the month of September 2 04. TnanIc you for your prompt attention to this matter. Sincerely, Rodney Potteiger R. 1. Potteiger Const. Services, Inc. . ~ ~ '" w ~ w i;( t;; -' ~ ~ t- EXHIBIT 12/01/04 15:24 FAX 7177746684 COMMONWSALTH OF PENNSYl.VANIA C;OUNTY OF: CUMBERLAND D J cLEllElIT Ii!IOO~ _, Olde Towne Commons 400 Bridge SI- Suite #3 New Cumberland. ?a. 17070 T..........' (717]774-5989 PI..AlNT1Fl': .....10.. ....,. ~c(\\'U.'-<1.":f~..\C'( . . ^-, \2.:,T.:?c"1\-<\C\-e~6jrs\ ~,('I-;o,,:::e"0'(C:' So -:;>O.tlO(lit~~.. ". \'7'''7Z- ~"0iGc'djS.i'v'v.l i" v . '. L.!?"ce: 717 (/;7-31 q Z. rax:( 717$,,97 '')Iq~ VS, illaciSCDflllomnl;:tlil~ 09-1-01 OisUIeI.~tlaMtcHo". Charles A. Clement, Jr o"EP;:MOANT: ~.." CR25li \<.,i'r, lo.,..---0\ S ~; T"\e,. \..i "G '\>0..0 \ r--c) 1>.0.. bot--C) , 7 L Ge:..,"'\'\.".c-"Y) \' 9, \ 02- I '/ -.J OoW Filed: ~~- ~ ,lUNG COSTS ?OSTAGE SERVlGE COS1'S CONSTA!l\.E EO. TcrrA~ A},Jl"'\l1NT s~o.O $~ S S 5 ~i/. S"D OA~..PAlD_ ... J I I I I I /;../ g lot(- TO THE DEFENDANT: Th" .boY" named plaintllf(s) asks judgmentagalnstyou for ~)a4. together 'Nllh cos~ upon the foRewing claim (Civil fines must include cltatfon of the or ortllnance violated): ~ 6\\\\Q.c <:..o;-e.. ro\CLS:, ~\'1{e)Uc)'n c..'5:,~'0G.\'$::; t\<Ld ..cA-li ccncrc+c:., i n ,,~d.1I <Lei , 4t. IIz'c.,c,-,,,c'KLJo, IV' 10:l<-} ~- S?e.cW \x.:..,-ny o...\LO"CK~. "Ood::: I,<ilScc,YY1?kd-cc! '. _ G.\ld i('\.:o;cec1 \',) JuJ,-\ 2Po4-.1;e-l'e:r(hn+ CC$c..eo''(Cl.i-jlYl<i''rh' 'L..c.\d ~ I.SSL-u:...c\.<J:...,n,1.Ilt... \iI)..)i'<~,cu. "'" v\pn~ e.G.l ~5:, <::.......,6 ~-'I+, seC:",A:,... \ \~-\\-(~ \'f1J,,-,::A., C> r'-\ \'V0..I'A-, -t; ('0..1 ill) ~'\f. t,--G ~~~e\'\'\\'::&;\.. '\\'\S: OAe,I0c;-..'v'\l;- \€'::.\brDQ..c\ 'oq (e'+U\ ,\~,o OLd~0,-i(jln:(llnGc,c( 0(:,..\;:6 'jlJ-k{', 20=+.. 3\Q...-\.\.\$y\.\l.l \\'iGciCSi.. tJ;Q'':, r-ct-\C-\Q 'c(G" '\-iu116b ~-::''C..S('x:+co,n?lt'kd ~(C:>;?~\.\ ,. -c ,-" ('c,'I/, \ . . l ^ \ " ' \ .. 1M- d e .o<-tLl \'Iel";-$,.\ \ \0'-,-\ V'N, n-r CO; nce; C-<i.... C<:' i..Lt 1\ OS "rli\J( 'i! ('0.. ~v::.sLC2kp.. '{jLO. I. .. '- :s :-Yo~~~' e. \( varif\' that the faCls set forth in this cemplai ate true ana correct to the b""t oJ my ledge, lnformafion. and belief. This statement is m;lJe subject to the pe<lalti"" f Section 4004 of the Crimes Code (18 PA. C.S. ~ 4904) related to \m$Wom falsification to authorities. Ptaintlffls ...ttcmey: Add......: Telephone: IF YOU INTENO TO EN'TCR A OCFENSETO THIS COMPLAINT. YOU SHOULD SO NOTIFY THIS 0 ICE \MMEDIATE~Y AT THE. ABOVE TE.LEPHONE NUMBER. YOU MUST Al'PEAR AT THE HEARING AND PRESENi YOUR D i'ENSe. UNLESS YOU 00. JUDGMENT MAY BE ENTEREP AGAlNSTVOU BY DEFAULT. . )f you have a claim against the plaintiff which is withm district justicelurisdiction and hich you i<ltend to assert at tha hearing, you must file it on a campl_int form at Inis office at least fIVe ( days before the date set for the hearlng. If you are disabled and require a reasonable accommodation to gain access th.. Magisterial District Court and its services, please contact the Milgisterial District Court at e above address or telephone number. We are unable to provide transportation. AOPO 30SAJJ3 !::: III :i: >< w c=4 ",1'<tD313.1'o'J.S-l1\f COMMONWEALTH OF PENNSYLVANIA COUNTY OF: cmmBRLABD Mag. Dis!. No.: 09-1-01 MDJ Name: Hon. CRARLBS A. CLBMBlIT, JR Address' 400 BRIDGE ST OLDE TOWNE COMMONS -SUITE 3 HEW cmmERLABD, PA Telephone: (717) 774-5989 17070 ATTORNEY FOR PLAINTIFF : JAMES D BOGAR 1 W HAIN ST ATTl!l': JEHNIFER B HIPP ESQ SHIREMAHSTOWN, PA 17011-6371 THIS IS TO NOTIFY YOU THAT: Judgment: [!J [!J Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ 2 1Q7 00 on: D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. D Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ NOTICE FJUDGMENTnRANSCt CIVIL CASE NAME and ADDRESS IGER CONSTRUCTION SERV: 64 STOWN, PA 17072 PLAINTIFF: 'RJ POTT PO BOX HEW XIN L VS. DEFENDANT: NAME and ADDRESS 'FIl!m LI PAVEMENT HARKING INC PO BOX G , PA 17027 L Docket No.: CV-0000729-04 Date Filed: 12/08/04 ~""'."~.. _ . _.i;'i ._ . . (Date of Ju gment) 2/14/0'i . (Date & Time) A aunt of Judgment $ 2.031. Ju gment Costs $ 84. Int rest on Judgment $ 81. Att rney Fees $ To al $ 2.197. Po t Judgment Credits $ Po t Judgment Costs $ ---------- ---------- Ce ified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JU GMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, C VIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YO R NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGI TERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MA Y BE IS UED BY THE; MA~YSTEF.lIAL D.ISTRICT JUD'. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE I TERESTEO IN THE JUDGMENT MA Y FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE THE ,wDGME'NT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. :: ~, :; ~~ 7 FEB 1 It ZDD~ate ~ .~- , Magisteri;:tI District Judge )! ; :;, .- Date I certify that this is a true and correct copy of the record of the proceedings containin'g,the judgmen. L ~ " . ., " " My commission expires first Monday of January, 2008 , AOPC 315.05 DATE PRINTED: 2/14/05 . EXHIBIT , Magis ~ < " w ~ € w ~ ~ -, ;i, 12:36:03 PM (') ~; , " ',) <, / -, r-> c:;;, "~ </' """ .-~, ;;ij , 0' ~ '.... ;:I:-n rnp=: \:'JI11 ~..O :\ L .~~ L) ~- -.-\ . ".. -:-:: '>'-1 (-2("; :-~ln "") >:.4 Jij '-< """'" ::n: <0 - R.J, POTTEIGER CONSTRUCTION: SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW FINE LINE PAVEMENT MARKING,: NO, 2005-1383 CIVIL TERM INC. , Defendant ACCEPTANCE OF SERVICE I accept service of the Complaint in the above-captioned matter on behalf of Fine Line Pavement Marking, Inc. and certify that I am authorized to do so. !t,n( << , 2005 G.Mi11er, McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 -- ~ C') c:::;> 0' ;p> -u ;:::' N ;j" r:-? (~..::; ~ R.J. POTTEIGER CONSTRUCTION: SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW FINE LINE PAVEMENT MARKING,: NO. 2005-1383 CIVIL TERM INC. , Defendant TO: Fine Line Pavement Marking, Inc. DATE OF NOTICE: May 17, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 By: J N B. HIPP, ESQUIRE Pa. .D. No. 86558 One West Main Street Shiremanstown, FA 17011 (717) 737-8761 Attorney for Plaintiff R.J. Potteiger Construction Services, Inc. . CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: Douglas G. Miller, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Fine Line Pavement Marking, Inc. Date: May 17, 2005 Hipp, Esquire ------ --, .~ ,,. \j\ ,"! -"';'\ .-\ '.~" -- -' (I'"I C' ,. R.J. POTTEIGER CONSTRUCTION SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 2005 - 1383 CIVIL TERM FINE LINE PAVEMENT MARKING, IN C., Defendant : JURY TRIAL DEMANDED NOTICE YOU ARE HEREBY NOTIFIED that you must responsively plead to the within Defendant's New Matter, pursuant to Pa. R.C.P. 2252(d) within twenty (20) days after service, or a default judgment may be entered against you. IRWIN & McKNIGHT ----01 By: Douglas . Miller, Esquire Supreme Court J.D. No: 83776 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney for Defendant r- , ('...." L:-'." LU F.-: I' LJ,~ ......... \-._~.. C.._' t-J ." Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R.J. POTTEIGER CONSTRUCTION SERVICES, INC., v. NO. 2005 -1383 CIVIL TERM FINE LINE PAVEMENT MARKING, INC., Defendant : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW this _ day of May, 2005, comes the Defendant by and through its attorneys, Irwin & McKnight, and respectfully files this Answer with New Matter to the Plaintiff's Complaint, and in support thereof aver as follows: 1. The averments of fact contained in paragraph one (1) of the Plaintiff's Complaint are admitted. 2. The averments of fact contained in paragraph two (2) are specifically denied and strict proof thereof is demanded at trial. 3. The Estimate attached as Exhibit "A" to Plaintiff's Complaint and referenced in paragraph three (3) speaks for itself and therefore no response is required. 4. The Estimate attached as Exhibit "A" to Plaintiff's Complaint and referenced in paragraph four (4) speaks for itself and therefore no response is required. 5. The averments contained in paragraph five (5) are admitted in part and denied in part. It is admitted that Plaintiff issued an invoice to Defendant dated July 8, 2004 in the amount of $2,031.25. The remaining averments contained in paragraph five (5), including any inference that Plaintiff performed the requested services, are specifically denied and strict proof thereof is demanded at trial. f 6. The averments contained in paragraph six (6) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 7. The September 23, 2004 correspondence attached as Exhibit "c" to Plaintiff's Complaint and referenced in paragraph seven (7) speaks for itself and therefore no response is required. 8. The averments contained in paragraph eight (8) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 9. The averments contained in paragraph nine (9) are denied as stated. It is admitted that Defendant has not paid the amount billed by Plaintiff because the work was not performed properly and in accordance with Plaintiff's proposal. The remaining averments in paragraph nine (9) are specifically denied and strict proof thereof is demanded at trial. 10. The averments contained in paragraph ten (10) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 11. The Civil Complaint attached as Exhibit "D" to Plaintiff's Complaint and referenced in paragraph eleven (11) speaks for itself and therefore no response is required. To the extent a response is required, a proper and timely appeal was filed and Defendant is entitled to a de novo hearing in accordance with Pa.R.C.P.D.J. Rule 1007 (a). 12. The averments of fact contained in paragraph twelve (12) are admitted. 13. The Notice of Judgment attached as Exhibit "E" to Plaintiffs Complaint and referenced in paragraph thirteen (13) speaks for itself and therefore no response is required. To the extent a response is required, a proper and timely appeal was filed and Defendant is entitled to a de novo hearing in accordance with Pa.R.C.P.D.J. Rule 1007 (a). Defendant therefore 2 objects to the inclusion of the Notice of Judgment attached as Exhibit "E." Said objection shall be continuing in nature unless explicitly waived by Defendant. 14. The averments contained in paragraph fourteen (14) are denied as stated. Defendant filed a proper and timely appeal, is entitled to a de novo hearing, and therefore there is no judgment against Defendant. The remaining averments in paragraph fourteen (14) are specifically denied and strict proof thereof is demanded at trial. COUNT I BREACH OF CONTRACT 15. The averments contained in the Defendant's Answers in paragraphs one (1) through fourteen (14) above are hereby incorporated by reference as if fully set forth below. 16. The averments contained in paragraph sixteen (16) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 17. The averments contained in paragraph seventeen (17) are conclusions of law to which no response is required. To the extent that a response is required, Plaintiff has not properly performed under the contract and therefore the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that this Honorable Court enter a judgment in its favor and against Plaintiff in this matter. COUNT II QUANTUM MERUITIIMPLIED CONTRACT 18. The averments contained in the Defendant's Answers in paragraphs one (1) through seventeen (17) above are hereby incorporated by reference as if fully set forth below. 3 19. The averments contained in paragraph nineteen (19) are denied as stated. The goods and services provided by Plaintiff were not properly performed under the contract and in a good and workmanlike manner and therefore the averments are specifically denied and strict proof thereof is demanded at trial. 20. The averments contained in paragraph twenty (20) are conclusions of law to which no response is required. To the extent that a response is required, Plaintiff has not properly performed under the contract and therefore the averments are specifically denied and strict proof thereof is demanded at trial. 21. The averments contained in paragraph twenty-one (21) are conclusions of law to which no response is required. To the extent that a response is required, Plaintiff has not properly performed under the contract and therefore the averments are specifically denied and strict proof thereof is demanded at trial. 22. The averments contained in paragraph twenty-two (22) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that this Honorable Court enter a judgment in its favor and against Plaintiff in this matter. COUNT III UNJUST ENRICHMENT 23. The averments contained in the Defendant's Answers in paragraphs one (1) through twenty-two (22) above are hereby incorporated by reference as if fully set forth below. 24. The averments contained in paragraph twenty-four (24) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 4 25. The averments contained in paragraph twenty-five (25) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 26. The averments contained in paragraph twenty-six (26) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that this Honorable Court enter a judgment in its favor and against Plaintiff in this matter. COUNT IV BREACH OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT. 73 P.S. ~ 501. et seQ. 27. The averments contained in the Defendant's Answers in paragraphs one (1) through twenty-six (26) above are hereby incorporated by reference as if fully set forth below. 28. Exhibits "A" and "B" attached to Plaintiffs Complaint and referenced 10 paragraph twenty-eight (28) speak for themselves and therefore no response is required. 29. The averments contained in paragraph twenty-nine (29) are conclusions of law to which no response is required. To the extent that a response is required, Plaintiff has not properly performed under the contract and therefore the averments are specifically denied and strict proof thereof is demanded at trial. 30. The averments contained in paragraph thirty (30) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 5 31. The averments contained in paragraph thirty-one (31) are conclusions of law to which no response is required. To the extent that a response is required, Plaintiff has not properly performed under the contract and therefore the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that this Honorable Court enter a judgment in its favor and against Plaintiff in this matter. NEW MATTER 32. The averments of fact contained in the Defendant's Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 33. The Estimate prepared by Plaintiff and attached as Exhibit "A" to Plaintiff's Complaint, and the Invoice attached as Exhibit "B," both specifically state that 42 Y2 inch diameter and 16" long anchors were to be used. 34. None of the anchors installed by Plaintiff were of the dimensions required by the contract between the parties. 35. Plaintiff installed larger diameter anchors which did not fit the existing speed bumps, resulting in Defendant, through its agents and employees, expending significant time, labor and materials to alter the speed bumps in an attempt to use the incorrect anchors installed by Plaintiff. 6 36. Prior to Plaintiff commencing work, representatives of both parties agreed that the existing speed bumps would be placed at or near the location where they were to be reinstalled over the new anchors. 37. Prior to Plaintiff commencing work, Defendant through its agents and employees placed all of the speed bumps at or near the locations where they would be installed. 38. Upon information and belief, Plaintiff did not use each of the existing speed bumps to determine the proper location for the anchors to be installed, but instead used only selected speed bumps as templates for all of the drilling. 39. As a result of Plaintiff's improper and incorrect work, the speed bumps could not be placed over the anchors as required by the contract of the parties. 40. Plaintiff's use of the wrong size anchors amplified its failure to use each existing speed bump to determine the proper location for drilling. 41. The goods and services provided by Plaintiff were found not to be in conformance with the representations and assurances made by Plaintiff's officer, agent or employee, and not in conformance with the specifications outlined in Plaintiff's own Estimate. 42. Defendant promptly notified Plaintiff of its inability to accept said goods and services because they were not in conformance with the representations and assurances made by Plaintiff, and not in conformance with the specifications in Plaintiff's own Estimate. 43. Plaintiff failed to perform its duties under the contract in a good and workmanlike manner, and failed to complete the services required under the contract. 44. The owner of the property where Plaintiff's improper work was performed, has refused to make any payment to Defendant until the Plaintiff's improper work is corrected and 7 acceptable. A true and correct copy of correspondence to Defendant from Anchor Investors dated January 18,2005, is attached hereto and incorporated herein by reference as Exhibit "A." 45. Plaintiff was informed that its work was improper and deficient, but Plaintiff has refused and continues to refuse to repair and correct its work. 46. Defendant, at its sole time and expense, is correcting and replacing the improper and defective work performed by Plaintiff. 47. To date, Defendant has not been paid for its services by the owner of the property, and Plaintiff has repeatedly been informed of that fact. 48. The cost to Defendant to correct and replace the improper and defective work performed by Plaintiff will likely exceed the amount sought by Plaintiff in its Complaint. 49. Plaintiff's Complaint fails to state claims or causes of action upon which relief can be granted. WHEREFORE, Defendant respectfully requests this Honorable Court to enter a judgment in its favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just Respectfully Submitted, IRWIN & McKNIGHT By: Douglas Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant Dated: May 27, 2005 8 VERIFICATION The foregoing document is based upon information which has been gathered by corporate counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. .~12 ;{ KENNETH M. LANDIS, JR. Date: MAY 27 , 2005 EXHIBIT "A" January 18,2005 Ken Landis, Jr. Fine Line Pavement Marking, Inc. P. O. Box 9 711 Grantham Road Grantham, P A 17027 Re: Core drilled concrete holes with anchors to secure removable speed bumps at Westport Building, 4600 Westport Drive, Mechanicsburg, PA 17055 Dear Ken: This letter shall serve as written confirmation of previous verbal conversations wherein you were advised that the above-referenced proje~t is una.cc:.eptable due to substandard installation work. Specifically, the anchor bolts have been insta.lled at varying angles and locations within the concrete holes 80 that the bolts do not correctly line-up with the pre-existing holes in the speed bumps. This fact was confirmed during an on-site visit by an independent, third party general contractor. Please be advised that it is my expectation that this work wlll be corrected and completed in a uniform, professional manner, according to the contract that we executed with your fll1l1 on May 6, 2004. Also be advised that no payment shall be made by Anchor Investors for any portion of this work until such time as the project has been properly executed. Sincerely, Chester C. Snavely, Jr. . Managing General Partner / CCS/sjl P.O. BOX 0888. CAMP HILL, PENNSYLVANIA 17001-0888. (717) 781-1000 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Jennifer B. Hipp, Esquire 1 West Main Street Shiremanstown, P A 17011 (Attorney for Plaintiff) Date: May 27,2005 IRWIN & McKNIGHT Doug as G iller, Esquire Supreme Court ill # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant l___ '.I t-- I, '-.1 '.:..- " .j ~ .:.y (.) r: \Y- ~ }- ~ V' A - ..\ , R.J. POTTEIGER CONSTRUCTION: SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW FINE LINE PAVEMENT MARKING,: NO. 2005-1383 CIVIL TERM INC. , Defendant ANSWER TO NEW MATTER R.J. Potteiger Construction Services, Inc., Plaintiff, by and through its attorney, Jennifer B. Hipp, Esquire, respectfully represents as follows: 32. All paragraphs of the Plaintiff's Complaint are hereby incorporated into this Paragraph and all other paragraphs of this Answer to New Matter. 33. Plaintiff's estimate, as attached to Plaintiff's Complaint and marked as Exhibit "A" and Plaintiff's Invoice, as attached to Plaintiff's Complaint and marked as Exhibit "8" speak for themselves and, therefore, no response is required. 34. Denied. It is specifically denied that Plaintiff did not perform pursuant to the terms of its contract and agreement with Defendant. Plaintiff fully satisfied its performance obligations pursuant to the specifications that Defendant communicated to Plaintiff. 35. Denied. It is specifically denied that Plaintiff installed anchors which were not satisfactory. Plaintiff adequately and completely performed pursuant to the terms and .' ..,.' .. specifications of the contract and agreement with Defendant. Plaintiff is without sufficient knowledge and information to answer whether Defendant, its agents and employees took any other actions regarding this matter. 36. Denied. It is specifically denied that Plaintiff and Defendant reached any agreement as to placement of the existing speed bumps. Defendant provided Plaintiff with sample or template speed bumps for Plaintiff's use in performing all of the work. 37. Denied. It is specifically denied that Defendant through its agent and employees placed all of the speed bumps at or near the locations where they would be installed on the job site. 38. It is admitted that Plaintiff used only certain speed bumps as templates. It is specifically denied that Defendant provided Plaintiff with all of the speed bumps. It is admitted that Defendant provided Plaintiff with only certain speed bumps which were to be used as templates for Plaintiff's performance of the contract. 39. Denied. Any problems with installation of the speed bumps are the direct result of Defendant providing Plaintiff with incorrect template speed bumps. 40. Denied. Plaintiff fully and adequately performed services and provided goods, all as requested by Defendant. 2 .~ . 41. Denied. Plaintiff fully and adequately performed services and provided goods, all as requested by Defendant. 42. Denied. Plaintiff fully and adequately performed services and provided goods, all as requested by Defendant. 43. Denied. Plaintiff fully and adequately performed its duties and obligations pursuant to the contract in a good and workmen-like manner. 44. Denied. Plaintiff is without sufficient knowledge and information to answer this averment. 45. It is admitted that Defendant alleges that Plaintiff has not adequately performed pursuant to the terms of the contract. It is specifically denied that Plaintiff's performance was not in compliance with the contract. Plaintiff fully and adequately performed pursuant to the terms and conditions of the contract and pursuant to the information provided to it by the Defendant. 46. Denied. Plaintiff is without sufficient information and knowledge to answer this averment and, thus, it is specifically denied. 47. Denied. Plaintiff is without sufficient information and knowledge to answer this averment and, thus, it is specifically denied. 48. Denied. Plaintiff is without sufficient information and knowledge to answer this averment and, thus, it is 3 , . ~ specifically denied. 49. Denied. Plaintiff's Complaint adequately and fully sets forth several causes of action upon which relief can be granted to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, Fine Line Pavement Marking, Inc., in the amount of $2,031.25, plus interest and applicable penalties, together with the costs of this action, attorney's fees and any and all other relief deemed just and appropriate. Date: Jv.'I'''- \(" , 2005 J~~ Hipp, Esquire Pa. I.D. No. 86556 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, R.J. Potteiger Construction Services, Inc. 4 CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Answer to New Matter upon the following named individual this day by depositing same in the United States First Class Mail, addressed as follows: Douglas G. Miller, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Fine Line Pavement Marking, Inc. Date: June lee" 2005 ~~ Jenn fer B. Hipp, .. ' VERIFICATION I verify that the statements made in this Answer to New Matter are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: 0-(3 , 2005 Rodn teiger, President R.J. pottieger Construction Services, Inc. 6 n ..., 0 ,.,., C~ r:.~.) -n ~, ,- :t-n c:: :;;::. rn?~ ~1..,r<, - -nO -' .~ 1 '..:?\c> {,"',', :',:\> ..~.. ..'" ::t. ~~ <:"') :.,:[11 C? c.' s.:~ U1 :0 <Jl .-<. ----------