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HomeMy WebLinkAbout14-7119 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT Cumberland COMMON PLEAS No. 1 1 . 1- 71lq 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 I 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)' 12/4/2014 Ken Whisler, Whislers Well Drilling v5 Tim Hoffman, Hoffman's Custom Contracting DOCKET No. $IGNAJURE OF APPELLANT OR ATTORI,14F)R AGENT -- MJ-09302-CV-0000129-2014 4,19j,,u This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.Pff,/. No. 1001(6) in action R.C,P.D.J.No. 1008B. 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 riling 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 appellee(s) (Common Pleas No. within twenty(20)days aft service of rule or ffer entry qjudgment of non pros. SJ�naturelof appellant br Attorney or agent RULE: To Ken Whisler, Whislers Well Drilling ,appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this,rule if service was by mail is the date of the mailing. -,N Date: /a/4 .20 /V i , -ea Lex—�— Signature of Prothonotary or Deputy �j, 0 N 3 0 W =17pl YOU MUST INCLUDE A COPY OF THE NOTICE bi kD"A+;4AWi&" IPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 Jti 0 COMMONWEALTH:OF PENNSYLVANIA NOti e':O'f Jud.gment/TrarlsCript Civil ' COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-02 Ken -Well Drilling Inc; N MDJ.Name: Honorable Vivian Cohick V.,. Address: 55 Penn Drive Tim Hoffman, Hoffman's Custom Contracting Newville, PA 17241 Inc Telephoner 717-776-3187 Tim Hoffman Docket No: MJ-09302-CV-0000129-2014 35 Chelsea Ln. Case Filed:' 9/30/2014 Carlisle, PA .17015 Disposition Summary (� crosscompiaint) .. _... . .__ Docket No Plaintiff Defendant Disposition Disposition.Date MJ-09302-CV-0000129-2014 Ken Whisler Hoffman's Custom Contracting Judgment for Plaintiff 12/04/2014 Inc MJ-09302-CV-0000129-2014 Whislers Well Drilling Inc Tim Hoffman Judgment for.Plaintiff 12/04/2014 MJ-M02-CV-000011 29-2014 Whislers Well Drilling Inc Hoffman's Custom Contracting Judgment for Plaintiff 12/04/2014 Inc MJ-09302-CV-0000129-2014.-.;-Ken.Whisler Tim Hoffman Judgment for Plaintiff :.12/04/2014,.-> ,•— ', Judgment Summary Participant Joint/Several Liability Individual.Liability Amount' Hoffman's Custom Contracting Inc. $12,035.81 $0.00 $12,035.81 Ken Whisler $0.00 $0.00 $0.00 Tim Hoffman "$12,035.81 $0.00 $12,035.81 Whislers Well Drilling Inc $0.00 $0.00 $0.00 Judgment Finding (*Post Judgment) In the matter of Ken Whisler; Whislers Well Drilling Inc vs. Tim Hoffman; Hoffman's Custom Contracting Inc on MJ-09302-CV-0000129-2014, on 12/04/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount. Civil Judgment $11,875.31 $0.00 $11,875.31 Costs $160.50 $0.00 $160.50 I i Grand Total: $12,035.81 4 ANY PARTY HAS.THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL'WITH'^ THE PROTHONOTARY./CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS'NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN,THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE .' COURT OF COMMON PLEAS AND NO.FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR'PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, Date Magisterial District Judge Vivian Cohick llll i MDJS 315. Page 1 o0 . Printed:12/04/2014 9:40:25AM Ken Whisler, Whislers.Well Drilling Inc V. Docket No.: MJ-09302-CV-0000129-2014 Tim Hoffman, Hoffman's Custom Contracting Inc certify that this is a true and correct copy of the recur o t e proceedings containing the judgment j Date Magisterial District Judge 7 MDJS 315 Page 2 of 3 Printed: 12/04/2014 9:40:25AM Ken Whisler, Whislers Well Drilling Inc Docket No.: MJ-09302-CV-0000129-2014 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 Plaintiff(s) Ken Whisler 366-1 Green Spring Road Newville, PA 17241 Whislers Well Drilling Inc 366-1 Spring Road Newville, PA 17241 Defendant(s) Tim Hoffman 35 Chelsea Ln. ? . Carlisle, PA 17015 - - 4 Hoffman's Custom Contracting Inc 35 Chelsea Lane Carlisle, PA 17015 MDJS 315 Page 3 of 3 Printed: 12/04/2014 9:40:25AM F iLi_U'•lr i JCE r .H Pf O HO 2011i DEC 15 fMII: 0l CUMBERLAND COUNTY 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 ( LL A't Cl (4r d ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served (SWORN TH /y-7// y a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service iZl I� , 201 bypersonal se is ) p ❑ by (certified) (registered) mail, 7Ke� h+skr, Wkis(ter inkiI sder's receipt attached hereto, and upon the appellee, (name) 2i ' on 1 I , 20 14 Jby personal serviceD by (certified) (registered) mail, sender's receipt attached hereto. FIRMED) AND SUBS RIBED BEFORE ME AY OF /0\ , 20 i Signature o official before whom affidavit was made NJ6-16) Title of official J r My commission expires on 10/213, 20 /4 AOPC 312A - 05 PLi5‘D Signature of affiant COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Kamela S. Comman, Notary Public South Middleton Twp.. Cumberland County My Commission Expires June 28, 2018 MEMBER, PENNSTI.VANIA ASSOCtATtON OF NOTARIES OM & ,LITLILAKIS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 Brandon S. O'Donnell Attorney I.D. # 316575 2 West 1 ligh Street Carlisle, PA 17013 (717) 249-0900 ;1.vI13D_C 30 PM 3:33 CUMBE COLN PSYLV 'Atilfs, � 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 : No. 2014-7118 CONTRACTING, INC. 2014-7119/ and : CIVIL ACTION —LAW TIM HOFFMAN, Individually, Defendants/Appellants : JURY TRIAL DEMANDED MOTION TO CONSOLIDATE AND NOW, this 300, day of December, 2014, comes Whisler's Well Drilling, Inc., by and through their attorney, Jason P. Kutulakis, ABOM & KUTULAKIS, 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 Hoffman 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 2.13 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 Coi+rity Court of Common Pleas, be consolidated into a single action. DATE I 1 -tri 'i Respectfully Submitted, ABOM & KUTULAKIS, LLP 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 Attorney for Plaint CERTIFICATE OF SERVICE AND NOW, this 30`x' 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 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 7n l2 CLILi�� rYtG(./L nnon Freem OM & ,LITLILAKIS Jason P. Kutulakis, Esquire Attorney I.1). #: 80411 Brandon S. O'Donnell Attorney 1.D. # 316575 2 \Vest 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 v. HOFFMAN'S CUSTOM CONTRACTING, INC. and TIM HOFFMAN, Individually, Defendants /Appellants : Appeal from Docket: MJ -09302-0000129-2014 : No. 2014-7119 : 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 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. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA ONLY) or 717-238-6715 Respectfully Submitted, ABOM & KUTULAKIS, LLP Date: December 30, 2014 ./' Jon 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& ,LITLILAKIS Jason P. Kutulakis, Esquire Attorney 1.D. #: 80411 Brandon S. O'Donnell Attorney I.D. # 316575 2 West 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 -09302-0000129-2014 v. HOFFMAN'S CUSTOM : No. 2014-7119 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 attorney, Jason P. Kutulakis, 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 Ioffman'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 $12,035.81 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 Defendants orally agreed for Plaintiff to provide plumbing and heating work for a job located at 1 Netherby and Keswick, Boiling Springs, Cumberland County, Pennsylvania, for which Defendants were the builders (hereinafter referred to as the "Stover Job"). 14. Plaintiff and Defendants agreement was for Plaintiff to perform the work and Defendant would pay time, material, and mark-up to Plaintiff. 15. In July 2012, Plaintiff began rough -in for the plumbing for the Stover Job. 16. On November 3, 2012, Plaintiff completed the heating work for the Stover Job. 17. Plaintiff provided Defendant with Invoice 9498 on November 12, 2012 for the Plumbing Rough -in for the Stover Job. (See Invoice #9498 attached hereto and marked as Exhibit A). 18. Defendant never paid Invoice 9498 for the Plumbing Rough -in for the Stover Job. 19. On December 21, 2012, Plaintiff provided Defendant with Invoice 9567 for Completion of the Heating on the Stover Job. (See Invoice #9567 attached hereto and marked as Exhibit B). 20. Defendant never paid Invoice 9567. 21. On October 21, 2013, Plaintiff provided Defendant with Invoice 9092 for the Completion of the Plumbing on the Stover Job. (See Invoice # 9092 attached hereto and marked as Exhibit C). 22. Defendant never paid Invoice 9092. 23. To date, Defendant has failed to pay Plaintiff for Invoices 9498, 9567, and 9092 totaling $31,409.46. COUNT I — BREACH OF CONTRACT 24. The preceding averments are hereby incorporated by reference as if set forth in full. 25. Plaintiff and Defendants had an oral agreement whereby Defendants agreed to pay Plaintiff for work heating and plumbing work performed on the Stover Job by paying Plaintiff for time, material, and mark-up. 26. Defendants breached the agreement with Plaintiff. 27. Defendants failed to pay the Invoices for the Heating and Plumbing finishing performed by Plaintiff in the amount of $31,409.46 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) 28. The preceding averments are hereby incorporated by reference as if set forth in full. 29. 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). 30. 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)(quoiiug Styer v. Hugo, 619 A.2d 347, 350 (Pa. Super. 1993)). 31. Plaintiff performed plumbing and heating work on a home for which Defendants were the 'builder and paid by the homeowner. 32. Defendants failed to pay the Plaintiff for the work performed. 33. 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 34. The preceding averments are hereby incorporated by reference as if set forth in full. 35. 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). 36. Defendants misrepresented to Plaintiff that Defendants would pay Plaintiff for the work performed by Plaintiff. 37. Plaintiff relied on that misrepresentation by completing the Plaintiff and Defendant agreed for Plaintiff to perform. 38, In fact, Defendants have perpetrated'a scheme of hiring sub -contractors and promising to pay them for the work completed. 39. Defendants have failed to pay other sub -contractors whom have completed work •for Defendants and whom Defendants have promised to pay for work performed. 40. 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 12131.161f Respectfully submitted, ABOM & KUTULAKIS, LLP ja on P. Kutulakis, Esquire ID No. 80411 Brandon S. O'Donnell, Esquire ID No. 316575 2 West High Street Carlisle, PA 17013 (717) 249-0900 Alloy ine is for Plaintiff 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. IZI3OI Iq Date I enneth Whisler, onbehalf of Whisler's Well Drilling, Inc. Whislers Well Drilling Inc. 366-1 Green Springs Road 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 STOVER " 7/31 - 11/02 Invoice Date Invoice* 11/12/2012 9498 P.O. No. Ship Project Due Date Terms 11/12/2012 11/12/2012 Due on receipt Quantity Item Code Description _ Price Each Amount 1 1 PL100 PL1000 PLUMBING ROUGH -IN PL MATERIAL PL LABOR 2,679.02 6,207.50 2,679.02 6,207.50 Thank you for your buisness Total $8,886.52 CUSTOMER EXHIBrT • VViiislers Well Drilling Inc. 366-1 Green Springs Road 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 STOVER 11/3 - 12-18 Invoice Date Invoice # 12/21/2012 9567 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 HE100 HE100 HEATING COMPLETE HE MATERIAL HE LABOR 10,589.47 7,052.50 10,589.47 7,052.50 Thank you for your buisness Total $17,641.97 CUSTOMER . r.......11111EXHIBrT Misters Well Drilling Inc. 366-1 Green Springs Road 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 STOVER JOB 1/14 - 2/20 Invoice Date Invoice # 10/21/2013 9092 P.O. No. Ship Project Due Date Terms 10/21/2013 10/21/2013 Due on receipt Quantity Item Code Description Price Each Amount 1 1 PL100 PL100 FINISH PLUMBING PL MATERIALS PL LABOR 655.87 4,225.00 655.87 4,225.00 Thank you for your buisness Total $4,880.87 COPY EXHIBIT to CERTIFICATE OF SERVICE AND NOW, this 30`x' 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 Channon Freem . n 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, : NO. 2014-7118 Defendants : NO. 2014-71194--'' N RE: PLAINTIFF'S MOTION TO CONSOLIDATE ORDER OF COURT AND NOW, this 19th day of January, 2015, upon consideration of Plaintiff's Motion To Consolidate, and George Douglas, III, Esq., attorney for Defendants, indicating to this Court's secretary that he had no objection to the motion, Plaintiffs Motion To Consolidate is granted , and all future docketing shall be at No. 2014-7118 Civil Term. BY THE COURT, L. 1/2-te Chrisiy1ee L. Peck, J. 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 0.41)1.es. •-)".