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Home My WebLink About14-6118 Supreme CO>l,W uf Pennsylvania AN Courlle of Common ,Pleas For Prothonotary Use Only: CiYil Cover Sheet Docket No: Curlrfand County The information collected on this farm is used solely ftir court administration purposes. This forin does not supplement or replace the filing and .service or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint Writ of Summons Petition Transfer from Another Jurisdiction M Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Gordon Masonry, LLC Madison & Sons Construction, LLC T Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? Yes No (check one) []outside arbitration limits O N Is this a Class Action Suit? Yes No Is this an MDJAppeal? El Yes El No A. Name of Plaintiff /Appellant's Attorney: Christopher E. Rice /Martson Law Offices Check here if Von have 11 1) att€ one (are Self-Represented I'ro Sel Liti ant) 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 rl Buyer Plaintiff Administrative Agencies Malicious Prosecution El Debt Collection: Credit Card El Board of Assessment r7 Motor Vehicle Debt Collection: Other M Board of Elections r] Nuisance Unpaid invoices [] Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S El Product Liability (does not include El Employment Dispute: E mass tort) El Slander /Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other Zoning Board T El Other: I M Other: O MASS TORT El Asbestos N [] Tobacco E] Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS rl Toxic Waste Other: El Ejectment � Common Law /Statutory Arbitration B D Eminent Domain /Condemnation Declaratory Judgment Ground Rent Mandamus Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY rl Mortgage Foreclosure: Commercial Quo Warranto Dental r7 Partition El Replevin Legal Quiet Title D Other: 17 Medical Other: rJ Other Professional: Updated 1/1/2011 U iii P RO I KNO i 0 14 OCT 16 PH 2: 91 2 Christopher E. Rice, Esquire I Attorney I.D. No. 90916 CUMBERLAND COUNTY Seth T. Mosebey, Esquire PENNSYLVANIA Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GORDON MASONRY, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2014 - CIVIL TERM MADISON & SONS CONSTRUCTION, LLC, 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 e 31> F:\FILES \Clients \14286 Gordon \14286.3 \14286.3.com Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff GORDON MASONRY, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2014 - CIVIL TERM MADISON & SONS CONSTRUCTION, LLC, Defendant COMPLAINT AND NOW, comes Plaintiff, Gordon Masonry LLC, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff Gordon Masonry, LLC, is a Pennsylvania limited liability company with its principal offices located in Newville, Cumberland County, Pennsylvania. 2. Madison & Sons Construction, LLC, is a Pennsylvania limited liability company with its principal offices at 3145 Spring Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff is in the business of providing masonry services and construction materials, mainly stone, brick, concrete, to certain businesses and individuals. 4. Plaintiff has provided masonry services to Defendant in Cumberland Vounty, Pennsylvania. 5. Plaintiff has provided materials to Defendant for a total value of $50,925.06. True and correct copies of Plaintiff s invoices are attached hereto as Exhibit "A ". 6. Defendant has failed to pay for such services and materials and, therefore, is liable to Plaintiff for the amounts owed, plus interest and costs. 7. Despite repeated demands, no payments have been made by the Defendant for the amounts due nor has Defendant disputed this debt. COUNT BREACH OF CONTRACT 8. The averments of Paragraphs 1 through 7 are incorporated herein by reference as if set forth in full below. 9. Defendant has breached an expressed or implied agreement, directly or through its agents, to pay for the materials and services provided to Defendant from Plaintiff and/or Plaintiff's agents. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $50,000.00 plus interest and costs of suit. COUNT II IN QUANTUM MER UIT The averments of Paragraphs 1 through 9 are incorporated herein by reference as if set forth in full below. 10. In the alternative to Count II, Defendant is liable to the Plaintiff and /or has been unjustly enriched in the amount of $50,000.00, plus interest and costs of suit. MARTSON LAW OFFICES By: �' Christopher E. Rice, Esquire I. D. Number 90916 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Date: /D �6 �� Attorneys for Plaintiff EXHIBIT "A" WA r INVOICE 5 (r Stone - Brick - Block Jon Gordon NewAffie, PA 17241 Concrete - Veneer 717- 304 -6727 TO: ,� C1 S� �l f so A S C o y15 �U ��i 11 DATE: INVOICE M / 6' 7 JOB P AYMENT TERMS D Upon rec QUANTITY DESCRIPTION UNIT PRICE LINE TOTAL �"S 3 7_ 'soi, - _y f� �e C ea r #3.5� do 103 sE oa e < SUBTOTAL Make all checks payable to JONATHAN GORDON SALES TAX Thank you for your business! TOTAL - j $ s , .e --_- - INVOICE Stone - Eck - Block ion Gordon Concrete - Stone Veneer 717- 304-6727 TO: 114 CL .5c 5 DATE: 71 7 / y P AYMENT TERMS JOB Due upon receipt QUANTITY DESCRIPTION UNIT PRICE LINE TOTAL { SUBTOTAL Make all checks payable to JONATHAN GORDON GALES TA; — Thank you for your business' TOTAL I-- L INVOICE St - Wick - Block - Jon Gordon PA 1 a r4i Concrete -Stone Veneer 717 -304 -6727 t To: a J so /1 t- 5 O /1 DATE: ( S/ INVOICE* JOB / t4 . f - Z , r � f� 4, C / P AYMENT TERMS - -- ` a Due upon receipt QUANTITY DESCRIPTION UNIT PRICE LINE TOTAL s (� f } -PLY-54 i C�bOe -- - __ Cvv--�_ (. a r ryl SP_r - � 1 1 c Pay" e - � a0 SUBTOTAL Make all checks payable to JONATHAN GORDON SALES TAX Thank you for your business! TOTALtf y a p�D 00 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Gordon Masonry, LLC Y: J 'than Gordon SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r t��T�'i;,�' ) Sheriff l:IrnnGrr�f ' THE r Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF i „OFTHE $^tiERIFF 2I1,NOV-3 1103.56 CUMBERLAND NCOUNTY Gordon Masonry, LLC vs. Madison & Sons Construction, LLC Case Number 2014-6118 SHERIFF'S RETURN OF SERVICE 10/27/2014 08:52 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Dirk Madison,Owner, who accepted as "Adult Person in Charge" for Madison & Sons Construction, LLC at 3145 Spring Road, Middlesex, Carlisle, PA 17015. ,JASON KINSLER, DEPUTY SHERIFF COST: $42.05 SO ANSWERS, October 28, 2014 RONK R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teieosoft, Inc. Jon Gordon Masonry, LLC Plaintiff :IN THE COURT OF COMMON PLEAS OF :OF CUMBERLAND COUNTY, PENNSYLVANIA z* 4118, NO. 2fi4-3,--945 v. CIVIL ACTION MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of Madison & Sons Construction, LLC, Defendants. Papers may be served at the address set belo Dated: November 10, 2014 C2:3 .3C %.3 Dirk J. Madison Representing Defendants 3147 Spring Road Carlisle, PA 17013 717-512-4599 4 GORDON MASONRY, LLC :IN THE COURT OF COMMON PLEAS OF Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA V. MADISON & SONS CONSTRUCTION, : LLC., Defendant �/— toile NO.494-3-941. CIVIL ACTION — LAW NOTICE TO P EAD To: Jon Gordon c/o Christopher E. Rice, Esquire Martson Law Offices 10 East High St. Carlisle, PA 17013 .37 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take certain action within twenty (20) days after the Answer with new mater are served, by entering a written appearance personally or by attorney and filing in • writing with the court your defense 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. Respectfully submitted, Dirk J. Madison, President of Operations Const Representing Self GORDON MASONRY, LLC :IN THE COURT OF COMMON PLEAS OF Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA - LoI'B V. NO. 2n,-5. MADISON & SONS CONSTRUCTION, : CIVIL ACTION - LAW LLC., Defendant ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, this 10th Day of November 2014, comes the defendant, Madison & Sons Construction, L.L.C., by and through its president, Dirk J. Madison, and files the following Answer to Plaintiffs Complaint, and in support thereof, respectfully avers as follows: 1. Denied. Has not known the plaintiff to be a limited liability company. Incorporation papers needed to verify if the plaintiff is a Limited Liability Company. 2. Admitted in part and denied in part. Zip Code is 17013. 3. Admitted. 4. Admitted in part and denied in part. We worked mainly in Cumberland County. 5. Denied. Invoices are not accurate. The invoice #467 was paid for and it was noted to the plaintiff that the block he laid was 5 inches out of square. This caused the defendant to reengineer the trusses, which meant they needed to be altered and make repairs by padding them out, thus causing delay and additional cost to the defendant. Invoice #482, the plaintiff was given a deposit and was to be paid when his work was completed to the satisfaction of the contractor and to current trade practices. The manufactured stone was not properly put on leaving mortar over much of the stone in the rear of the house. The front of the house has mortar on the shingles and left streaks. The window sills leaked causing damage to the inside of the house because they were not properly mortared. He offered no assistance in fixing or explaining why this occurred. The plaintiff was not on the job to supervise the three (3) or more different crews, who each laid stone in there own way, which led to the inconsistency. His lack of supervision of the men he hired to complete the work has led to poor workmanship. 6. Denied. Plaintiff has been paid for the work he has done to the full satisfaction of the general contractor. 7. Denied. Defendant has told the plaintiff repeatedly that he is waiting on final settlement from the job at Mt. Zion Road for payment on invoice number 482. The defendant has been told several times that his work with regard to concrete has been below satisfactory and he has cause the defendant monetary losses in material and labor repairing or patching the concrete so as to complete the job. 8. Denied. 9. Denied. 10. Denied. Date: Dirk J. Madison Dirk J. Madison 3147 Spring Road Carlisle, PA 17013 (717)512-4599 Representing the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gordon Masonry, LLC Plaintiff VS Madison & Sons Construction, LLC: Defendant NO.2014-6118 CIVIL TERM RULE 1312-1The Petition for Appointment of Arbitrators shall be substantially in the following form: ..-0_,, ,.,c::: -, THE PETITION FOR APPOINTMENT OF ARBITRATORS a- r` - TO THE HONORABLE, THE JUDGES OF SAID COURT: r; E t"; Christopher E. Rice, Esquire -.,. , counsel for the plaintiff/defendant in. t1 e above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. --` 2. The claim of plaintiff in the action is $ 50,000.00 —a d The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Martso w Offices�- y' By: (/h� z Christopher E. Rice, Esquire ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. f4.Q so .d ��/4 X90?0 b 'al)/ C7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gordon Masonry, LLC Plaintiff VS Madison & Sons Construction, LLC Defendant RULE 1312-1 following form: No. 2014-6118 CIVIL TERM The Petition for Appointment of Arbitrators shall be substantially in the THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice, Esquire , counsel for the plaintiff/defendant action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 50,000.00 The counterclaim of the defendant in the action is above The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to;.-') c: whom the case shall be submitted. -0a ...- r-qm Respectfully submitted, z r -1, Martso w Offices CJ) By::7---- -< --r--- .r - Christopher E. Rice, Esquirp,c-)- ::4- > C: as ---1 ', -... AND NOW, 174 A,p4i4.4.011 (/ , 20 /"/ , in consideration of the foregoing ORDER OF COURT petition, Esq., and captioned action (or actions) as prayed for. rk ,T. /4144e;s0/1 etir;s44.e/-E.,e,` 47, eoes- ma. led II lovi, g Ve Esq., and Esq., are By the Cou KEVIN A. HESS, P.J. ppointed arbitrators in the above ff..2.9. C.K* ..19020 1114 2i,/ C 7