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Home My WebLink About14-7118 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. Q '� NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ Tim Hoffman, Hoffman's Custom Contracting 09-3-02 Honorable Vivian Cohick ADDRESS OF APPELLANT CITY STATE ZIP CODE 35 Chelsea Lane Carlisle PA 17015 DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendant)' 12/412014 Ken Whisler, Whislers Well Drilling vS Tim Hoffman, Hoffman's Custom Contracting DOCKET No. SIGNTURE OF APPELLANT ORA RNEY OR AGEI. MJ-09302-CV-0000128-2014 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J.No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Ken Whisler, Whislers Well Drilling appellee(s),to file a complaint in this appeal Name of appellees) (Common Pleas No. l% — I I C:. � )within twenty(20)days after e�ifor su er entry of j dgment of non pros. Signature of app pant or atto a or agent RULE: To Ken Whisler, Whislers Well Drilling ,appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. (—) -a Date:�°2 /� 20/ �;{(N��nI A S N N�d ignature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF T41$ NbTi4k 0lJt9b?;i0,6&T/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 C gw31yqs1 COMMCTN ALTH OF PENNSYLVANIA NOtIC@ Of Judgment/Transcript CMI COUNTY CJr CUMBERLAND Case Mag. Dist. No: MDJ-09-3-02 Ken Whisler, Whisler's Well Drilling MDJ Name: Honorable Vivian Cohick V. ' Address: 55 Penn Drive Tim Hoffman, Hoffman's Custom Contracting ;t Newville, PA 17241 Inc Telephone: 717-776-3187 r George F. Douglas III, Esq. Docket No: MJ-09302-CV-0000128-2014 Salzmann Hughes PC Case Filed: 9/30/2014 w 354 Alexander Spring Rd Ste 1 Carlisle, PA 17015-7451 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09302-CV-0000128-2014 Ken Whisler Hoffman's Custom Contracting Judgment for Plaintiff 12/04/2014 Inc MJ-09302-CV-0000128-2014 Whisler's Well Drilling Tim Hoffman Judgment for'Plaintiff 12/04/2014 MJ-09302-CV-0000128-2014 Whisler's Well Drilling Hoffman's Custom Contracting Judgment for Plaintiff 12/04/2014 Inc MJ-09302-CV-0000128-2014 Ken Whisler Tim Hoffman Judgment for Plaintiff 12/04/2014 ' Judgment Summary - Participant Joint/Several Liability Individual Liability Amount Hoffman's Custom Contracting Inc $11,504.79 $0.00 $11,504.79 Ken Whisler $0.00 $0.00 $0.00 Tim Hoffman $11,504.79 $0.00 $11,504.79 Whisler's Well Drilling $0.00 $0.00 $0.00 Judgment Finding ('"Post Judgment) In the matter of Ken Whisler; Whisler's Well Drilling vs. Tim Hoffman; Hoffman's Custom Contracting Inc on MJ-09302-CV-0000128-2014, on 12/04/2014 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $11,344.29 $0.00 $11,344.29 Costs $160.50 $0.00 $160.50 Grand Total: $11,504.79 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH f. THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE * COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. al,F a /0�444 .� Date Magisterial District Judge Vivian Cohick MDJS 315 Page 1 of 3 Printed: 12/04/2014 9:36:49AM r Ken Whisler, Whisler's Well Drilling Docket No.: MJ-09302-CV-0000128-2014 V. Tim Hoffman, Hoffman's Custom Contracting Incr certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge r t i. t y 6 t t , r I f t f t MDJS 315 Page 2 of 3 Printed: 12/04/2014 9:36:49AM t Ken Whisler, Whisler's Well Drilling Docket No.: MJ-09302-CV-0000128-2014 V. Tim Hoffman, Hoffman's Custom Contracting Inc Participant List Private(s) George F. Douglas III, Esq. Salzmann Hughes PC 354 Alexander Spring Rd Ste 1 Carlisle, PA 17015-7451 J Plaintiff(s) Ken Whisler , 366-1 Green Spring Road v Newville, PA 17241 Whisler's Well Drilling 366-1 Green Spring Road Newville, PA 17241 Defendant(s) Tim Hoffman 35 Chelsea Ln. .__ �.Carlisle, PA 17015, _•, _ _ _ _ _ _ __ .._ ___ _ _ •- Hoffman's Custom Contracting Inc 35 Chelsea Lane Carlisle, PA 17015 MDJS 315 Page 3 of 3 Printed: 12/04/2014 9:36:49AM rr11LED-Ot- THF P R 0 I H 0 1r) 2911i DEC 15 jii` H: 07 CUMBERLAND COLIN] PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cw a),,@; i/a � AFFIDAVIT: I hereby (swear) (affirm) that I served ; ss 0 a copy of the Notice of Appeal, Common Pleas (date of service) Alb b 1, 20 I , sender's receipt attached hereto, and upon the a 1 < < , 20 T RI by personal service❑ sender's receipt attached hereto. 110 No ��~ upon the Magisterial District Judge designated therein on (SWORN FIRMED) AND SUBSCRIBED BEFORE ME TIS II DAY OF , 20.. S gna ure f official before whom affidavit was made N61 Title of official My commission expires on (o!0 20 ((4 AOPC 312A - 05 NI by personal service 0 by (certified) (registered) mail, Kt./4 1�.11�i s [ cr ,lilt, r T mel ppellee, (name) on Orr I I, N9 e by (certified) (registered) mail, Signature of affiant COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Kamela S. Comman. Notary Public South Middleton Twp., Cumberland County My Commission Expires Jure 28. 2018 MSMbeR, PENNSYLVANIA ASSOCIATION or NOTARIES OM & ,LITLILAKIS Cason P. Kutulakis, Esquire Attorney I.D. #: 80411 Brandon S. O'Donnell Attorney I.D. # 316575 2 \Vest High Street Carlisle, Pit 17013 (717) 249-0900 OF • 1-1-3'.: PROiHDNO!,'„' 29Ii DEC 30 PM 3: 33 CUMBERLAND COUNTY PENNSYLVANIA WHISLER'S WELL DRILLING, INC : IN THE COURT OF COMMON PLEAS OF Plaintiff/Appellee, : CUMBERLAND COUNTY, PENNSYLVANIA : Appeal from Docket: MJ -09302-0000128-2014 v. MJ -09302-0000129-2014 HOFFMAN'S CUSTOM CONTRACTING, INC. No. 2014-7118 . 2014-7119 and : CIVIL ACTION —LAW TIM HOFFMAN, Individually, Defendants/Appellants : JURY TRIAL DEMANDED MOTION TO CONSOLIDATE AND NOW, this 30th day of December, 2014, comes Whisler's Well Drilling, Inc., by and through their attorney, Jason P. Kutulakis, ABOM & hUTULAKIS, L.L.P., and respectfully files this MOTION TO CONSOLIDATE and avers the following: 1. Plaintiff is Whisler's Well Drilling, Inc., a Pennsylvania Corporation with a business address of 366-1 Green Spring Road, Newville, Cumberland County, Pennsylvania. 2. Defendant Hoffman's Custom Contracting, Inc. is a Pennsylvania Corporation with a business address of 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Tim Roffman is an adult individual residing at 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. 4. On or about September 30, 2014, Plaintiff filed Complaints against all Defendants before Magisterial District Judge Cohick, docketed at MJ -09302-0000128-2014 and MJ -09302- 0000129-2014 • 5. On or about December 10, 2014, Defendants Hoffman's Custom Contracting, Inc. and Tim Hoffman, filed a Notice of Appeal of both Magisterial District Judge dockets with the Cumberland County Court of Common Pleas and were docketed as 2014-7118 and 2014- 7119. 6. Rule 213 of the Pennsylvania Rules of Civil Procedure allows for consolidation of civil cases that are "pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence...on the motion of any party." Pa.R.C.P 213. 7. The cases involve a common question of law or fact between Plaintiff and Defendants. WHEREFORE, pursuant to Pa.R.C.P. 213 Plaintiff respectfully requests that the cases docketed at 2014-7118 and 2014-7119 in the Cumberland Coanty Court of Common Pleas, be consolidated into a single action. Dn:z1L Respectfully Submitted, ABOM & KUTULAKIS, LLP ason P. Kutulakis, Esquire ID No. 80411 Brandon S. O'Donnell, Esquire ID No. 316575 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attormy fir Plaintiff' CERTIFICATE OF SERVICE AND NOW, this 30`" day of December, 2014, I, Shannon Freeman, of ABONI KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Motion to Consolidate by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: George Douglas, III, Esquire Salzmann Hughes, PC 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 Attorney for Defendants OM & LTuLAKls Jason P. Kutulakis, Esquire Attorney 1.1). #: 80411 Brandon S. O'Donnell Attorney I.D. # 316575 2 West High Street Carlisle, PA 17013 (717) 249-0900 30 FJ � 4 WHISLER'S WELL DRILLING, INC : IN THE COURT OF COMMON PLEAS OF Plaintiff/Appellee, : CUMBERLAND COUNTY, PENNSYLVANIA v. HOFFMAN'S CUSTOM CONTRACTING, INC. and TIM HOFFMAN, Individually, Defendants/Appellants : Appeal from Docket: MJ -09302-0000128-2014 : No. 2014-7118 : CIVIL ACTION —LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: George Douglas, III, Esquire Salzmann Hughes, PC 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 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 IIRE 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. Date: December 30, 2014 Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA ONLY) or 717-238-6715 Respectfully Submitted, ABOM & KUTULAKIS, LLP Jas n P. Kutulakis, Esquire Attorney ID # 80411 Brandon S. O'Donnell, Esquire Attorney ID # 316575 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff OM & LTULAKIS Jason P. Kutulakis, Esquire Attorney L1). #: 80411 Brandon S. O'Donnell Attorney 1.1). # 316575 2 Wcst High Street Carlisle, PA 17013 (717) 249-0900 WHISLER'S WELL DRILLING, INC : IN THE COURT OF COMMON PLEAS OF Plaintiff/Appellee, : CUMBERLAND COUNTY, PENNSYLVANIA : Appeal from Docket: MJ -09302-0000128-2014 v. HOFFMAN'S CUSTOM : No. 2014-7118 CONTRACTING, INC. and : CIVIL ACTION —LAW TIM HOFFMAN, Individually, Defendants/Appellants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Whisler's Well Drilling, Inc., by and through its attorneys, Jason P. Kutulakis, Esquire, and Brandon S. O'Donnell, Esquire, of ABOM & KUTULAKIS, L.L.P., and files the within Complaint against Hoffman's Custom Contracting, Inc. Parties 1. Plaintiff is Whisler's Well Drilling, Inc., a Pennsylvania Corporation with a business address of 366-1 Green Spring Road, Newville, Cumberland County, Pennsylvania. 2. Defendant Hoffman's Custom Contracting, Inc. is a Pennsylvania Corporation with a business address of 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Tim Hoffman is an adult individual residing at 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. Procedural History 4. The preceding averments are hereby incorporated by reference as if set forth fully herein. 5. Plaintiff instituted an action in Magisterial District Number 09-3-02 on September 30, 2014. 6. Hearing was held on December 4, 2014. 7. After proper notice, Defendants failed to show for the Hearing. 8. Judgment in the amount of $11,504.79 was entered in favor of Plaintiff and against Defendants on December 4, 2014. 9. Defendants filed an Appeal in the Court of Common Pleas of Cumberland County at the above Docket on December 10, 2014. Factual Background 10. The preceding averments are hereby incorporated by reference as if set forth in full. 11. Defendant is a home builder in Pennsylvania. 12. Plaintiff is a company providing well drilling, heating and plumbing services in Pennsylvania. 13. Plaintiff and Defendant orally agreed for Plaintiff to provide heating, plumbing, and well work in a job located on Morgan Drive, Carlisle, Cumberland County, Pennsylvania, for which Defendants were the builders (hereinafter referred to as the "Mantey Job"). 14. In November 2012, Plaintiff began working on the heating and plumbing for the Mantey Job. 15. Plaintiff provided Defendants with Invoices 9500 and 9501 for the Heating and Plumbing Rough-In on November 12, 2012. 16. Defendants paid the November 12, 2012 invoices on November 14, 2012. 17. On December 3, 2012, Plaintiff provided Defendants with Invoice 9532 for additional Plumbing Rough in work performed by Plaintiff. 18. Defendants paid the December 3, 2012 invoice that same day. 19. Plaintiff provided the Defendants with Invoice 9529 and 9538 for the Well and pump work on December 3, 2012 and December 5. 2012 respectively. 20. Defendant paid the Well and Pump Invoices on February 8, 2013, and February 22, 2013. 21. On December 21, 2012, Plaintiff provided the Defendants with Invoice 9565 in the amount of $22,366:84 for the work performed to finish the Heating for the Mantey Job. (See Invoice #9565 attached hereto for Heating, marked as Exhibit A). 22. On December 21, 2012, Plaintiff provided the Defendants with Invoice 9566 in the amount of $671.78 for the work performed regarding Plumbing for the Mantey Job. (See Invoice #9566 attached hereto for Plumbing, marked as Exhibit B). 23. On May 22, 2013, Plaintiff provided the Defendants with Invoice 8901 in the amount of $8,420.56 for the work performed for the Finish Plumbing. (See Invoice #8901 attached hereto for Plumbing Finish, marked as Exhibit C). 24. To date, Defendants have not paid the Invoices 9565, 9566, and 8901 for the work performed on the Mantey Job by the Plaintiff in the amount of $31,458.98. COUNT I — BREACH OF CONTRACT 25. The preceding averments are hereby incorporated by reference as if set forth in full. 26. Plaintiff and Defendants had an oral agreement whereby Defendants agreed to pay Plaintiff for work heating, plumbing, and well work performed on the Mantey Job by paying Plaintiff for time, material, and mark-up. 27. Defendants breached the agreement with Plaintiff. 28. Defendants failed to pay the Invoices for the Heating and Plumbing finishing performed by Plaintiff in the amount of $31,458.98 WHEREFORE, Plaintiff respectfully demands judgment in their favor for damages, costs, attorney's fees, and interest in an amount exceeding mandatory arbitration limits. COUNT II — UNJUST ENRICHMENT (IN THE ALTERNATIVE) 29. The preceding averments are hereby incorporated by reference as if set forth in full. 30. Unjust enrichment occurs when (1) benefits are conferred on the defendant by plaintiff; (2) defendant appreciates those benefits; (3) defendant accepts and retains the benefits such that it would be inequitable for defendant to retain the benefit without payment of value. Mitchell v. Moore, 729 A.2d 1200, 1203 (Pa. Super. 1999). 31. In Pennsylvania, when unjust enrichment is found, "the plaintiff must be compensated for the benefits unjustly received by the defendant" and the defendant is required to pay the • plaintiff the value of the benefits conferred. Chesney v. Stevens, 644 A.2d 1240, 1244-45 (Pa. Super..1994)(quoting Styer v. Hugo, 619 A.2d 347, 350 (Pa. Super. 1993)). 32. Plaintiff performed plumbing, heating, and well work on a home for which Defendants were the builder and paid by the homeowner. 33. Defendants failed to pay the Plaintiff for the work performed. 34. It would be wholly inequitable for Plaintiff not to be paid by Defendants when the Defendants, as builder, were paid by the homeowner for the work performed. WHEREFORE, Plaintiff respectfully demands judgment in their favor for damages, costs, attorney's fees, and interest in an amount exceeding mandatory arbitration limits. COUNT III — FRAUD 35. The preceding averments are hereby incorporated by reference as if set forth in full. 36. In Pennsylvania, "the essential elements of a cause of .action for fraud or deceit are a misrepresentation, a fraudulent utterance thereof, an intention to induce action thereby, justifiable reliance thereon and damage as a proximate result." Wilson v. Donegal Mut. Ins. Co., 598 A.2d 1310, 1315 (Pa. Super. 1991). 37. Defendants nnisrepresented to Plaintiff that Defendants would pay Plaintiff for the work .performed by Plaintiff. 38. Plaintiff relied on that misrepresentation by completing the Plaintiff and Defendant agreed for Plaintiff to perform. 39. In fact, Defendants have perpetrated a scheme of hiring sub -contractors and promising to pay them for the work completed. 40. Defendants have failed to pay other sub -contractors whom have completed work for Defendants and whom Defendants have promised to pay for work performed. 41. Plaintiff has incurred significant damages as a result of Defendants' misrepresentation of payment and failure to pay for work performed by Plaintiffs . WHEREFORE, Plaintiff respectfully demands judgment in their favor for damages, costs, attorney's fees, and interest in an amount exceeding mandatory arbitration limits. DATE is/3°IZ4 )1 Respectfully submitted, ABOM & KUTULAKIS, LLP 414/ Jason P. Kutulakis, Esquire ID No. 80411 Brandon S. O'Donnell, Esquire ID No. 316575 2 West High Street Carlisle, PA 17013 (717) 249-0900 /I.t/or ncys lbr Planate. VERIFICATION I verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. §4904, relating to` unsworn'falsification -to .authorities. 1I'k6.) Date I enneth Whisler,.on.behalf of Whisler's Well Drilling, Inc. Newville. Pa 17241 Phone: (717) 776-6211 Fax: (717) 776-9441 Bill To HOFFMAN'S CUSTOM CONTRACTING, INC 35 CHELSEA LANE CARLISLE. PA 17013 Ship To MAMMY 12/01 - 12/18 Date Invoice # 12/21/2012 9566 P.O. No. Ship Project Due Date Terms 12/21/2012 12/21/2012 Due on receipt Quantity Item Code Description Price Each Amount 1 1 PLIOO PLIO0 PLUMBING PL MATERIAL PL LABOR 606.78 65.00 606.78 65.00 COPY EXHIBIT _Am i Thank you for your buisness 1 Total ( $671.78 W.hislers Well Drilling Inc. 366-1 Green Springs Road Newville, Pa 17241 Phone: (717) 776-6211 Fax: (717) 776-9441 Bill To FIOFFMAN'S CUSTOM CONTRACTING, INC 35 CI-IELSEA LANE CARLISLE, PA 17013 Ship To MANTEY JOB 12/19/2012 - 4/03/2013 Invoice Date Invoice # 5/22/2013 8901 P.O. No. Ship Project Due Date Terms 5/22/2013 5/22/2013 Due on receipt Quantity Item Code Description Price Each Amount 1 I PL100 PLI000 FINISH PLUMBING PL MATERIAL PL LABOR 913.06 7,507.50 913.06 7.507.50 COPY r � C � 'C' tV EXHIBIT Thunk you for your buisness Alb Total $8,420.56 CERTIFICATE OF SERVICE AND NOW, this 30' day of December, 2014, I, Shannon Freeman, of Abom & Kutulakis, LLP, hereby certify that.I did serve a true and correct copy of the foregoing Complaint by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: George Douglas, III, Esquire Salzmann Hughes, PC 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 Attorney for Defendants annon Free an WHISLER'S WELL DRILLING, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW HOFFMAN'S CUSTOM CONTRACTING, INC., And TIM HOFFMAN, Individually, Defendants : NO. 2014-7118 : NO. 2014-7119 IN RE: PLAINTIFF'S MOTION TO CONSOLIDATE ORDER OF COURT AND NOW, this 1 day of January, 2015, upon consideration of Motion To Consolidate, and George Douglas, III, Esq., attorney for D indicating to this Court's secretary that he had no objection to the motion, Motion To Consolidate is granted , and all future docketing shall be at No. Civil Term. Brandon S. O'Donnell, Esq. 2 West High Street Carlisle, PA 17013 Attorney for Plaintiff `George Douglas, III, Esq. 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 Attorney for Defendants :rc Is fb1 f cL -tLE BY THE COURT, LiL fr Chris ylee L. Peck, J. Plaintiff s efendants, Plaintiff s 2014-7118