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Home My WebLink About05-5008 , COIlitMONWEAL TH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. tx( -' ~ ol)~ eM) 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 District Justice 0 the date and in the case referenced below. CITY NAME OF O.J. Susan K. Day STATE ZIP CO NA!'AE OF APPELLANT Hoffman I S Custom TJ.m Hoffman - ConttactHIg ADDRESS OF APPELLANT MAG. DIST. NO. 09-3-03 35 Chelsea Lane DATE OF JUDGMENT IN THE CASE OF (Plaintiff) PA Dr. Dina Sc~fr~er 1 1 CV-0000193-05 ) Est - This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.CP.D.J. No. 1001(6) in actie R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twen SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature at Pro/honotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see PaR.CP.D.J. No. 1001(7) in action before District Justice. I, NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appel/ee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , 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 servic 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. Date: ,20 Signature of Prothonotary or Depl YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURl FILE TO BE FILED WITH PROTHONOTARY ".. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing of the notice Check applicable boxes) COMMONWEAL TH OF PENNSYL VANIA COUNTY OF ; 55 AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Nolice of Appeal, Common Pleas No. (dale of service) , upon the District Justice designated therelll on mali, personal service 0 ,20 sender's receipt attached hereto, and upon the appellee, (name) , 20 0 by personal service by (certified) (registered) mail. sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 , on _.,._..._.._u.~~.,.~,..._,...~..~.._^....___u..._..._.~.."_.,U'__~"'_""'~,~ Signature of officiql before whom affidavit was made Signatvre of affiant My commission expires on 20 (") C ~~ ;:g }T; ~!;' ~~~'. ~9 ~}~ r::: ~~ L. =< Aope 312A - 02 ,.."" = = c.n <n fTl -0 N W ;;;;: -:J;.. o ." ~ f11 ::!J -oF;; ~6 --l -n I...!.J 0..!.1 -pre> om ~ =< (5 c..n .. ,..,...... Ii'~ ,~ .. :'.:~OMMONWEALTH OF PENNSYLVANIA ~-' COUNTY OF: CUMBERLAND 09-3-03 NOTICE OF JUDGMENTITRANSCRII CIVIL CASE PLAINTIFF: NAME and ADDRESS ~IM HOFF.HAN-BOFFMARS CUST. CONTR. 35 CHELSEA LARE CARLISLE, PA 17013 L Mag Dist. No.. MOJ Name: Hon. Address SUSAN It. DAY 229 MILL ST, BOX 167 MT. HOLLY SPRINGS. PA VS. Telephone (717) 486-7672 17065 DEFENDANT: NAME and ADDRESS fDR DAVID w:tLLIAXS -DR DINA SCBWBIT 120 LOCUST WAY CARLISLE, PA 17013 L Docket No.: CV-0000193-05 Date Filed: 7/13/05 ATTORNEY POR PLAINTIPP : GEORGE F. DOUGLAS III 26 W. HIGH ST. ONE IRVINE ROW CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFD'lDAJIT ~ ~ Judgment was entered for: (Name) n1l nAVTn wn.T.T~M~-'P1l nTN'A ACTfWRT"I'V. Judgment was entered against: (Name) TIM ROFFMAR-HOFVMARS CUST. COW in the amount of $ -'T., ". 00 on: ~_.. {7'-" . Defendants are jointly and se\le1~ily fi~. /- - (Date of Judgment) 9/12/05 o o o (Date & Time) r.:..~::r ~. (",. "'-_.... Amount of Judgment $ . 001 Judgment Costs $ .OQ Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ I Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ Damages will be assessed on; ) ........ ,'-"-~,--- :<,' J.-- ----.- . jJ This case dismissed w.ithout pr~judice..-- ~-=~~ ...J/ ,-' O Amount of Judgmel)f SO'bject to Attachment/42 Pa.C.S, S 8127 $ ----.-....~ o Portion of Judgment for physical damages arising out of residential lease $ 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 JUDGMENTfTRANSCRIPT 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 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. ,."" !, ---4L . { l . .'1', I ) Date , Magisterial District Judge Date proceedings containing the judgment. , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-05 DATE PRINTED: 9/15/05 9:15:20 AM \~) ~ f0 J '\.J ... ~ ~ ~ s C' '" "\ ~~~_. n":'~'f<:: ~~?~" (/) _..'~ r':> ~ :?:( ~.:;.C~ ..... c- ~ o C :r-~- ~- f"oo.:l <::::) = c:.n CI) rr1 -0 N W ", 3 ~ -I :;:: rn :!J ~Fn ~~ b:n -7'0 -"-rn S ~ ~ C5 U1 c- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing of the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYL VANIA COUNTY OF Cumberland : 55 AFFIDAVIT: I hereby (swear) (affirm) that I served KJ a copy of the Notice of Appeal, Common Pleas No, 05-5008, upon the District Justice designated therein on (dale of service) September 292005 o by personal service IKJ by (certified) (registered) mall. sender's receipt attached hereto, and upon the appellee, (name) Ivo V. Otto, Esq. ' on September 29 , 20 05 0 by personal service [] by (certified) (registered) mail. sender's receipt attached hereto, - ~^ .~"j ~. ~~-~ F~~ Signature ofaffianl (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THiS/14th DAY OF c b .20 05 ,) SI ) '~"\;c7;:~~F'~.'; i i "HIEi! Mi' C.1r)iSl<':! BG~T C>,' 'f;' Title%fficia! ", My commjs~i~~~ptnf9'Ori:Yl 0 ...., 0 = C~. = -n ~; c.M c::> -f -:-1 :I-n (\" , n n'r'; .r -< -orn 2:. I :::'JV J!J .r;;- :;~c, r:: . ~:I: :::-, " ~ ;r>> :z ,-.JC'" Z ; 25m )> ...0 ::;~ ~ :n -<. -' -< AOPC 312A, 02 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of ':UJlbe:diJ.[j(; NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. r1' NOTICE OF APPEAL ~ IXW (ILI)/ ( Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF_APPElLANT_~;O:-"7'':;Tili' J.:, ,''''u'.~ty. -ri,l1 dof:Lnan --:).Jr,fra.cti...--:5 .~ _I, " ADDRESS OF APPELLANT MAG. OIST. NO. 09-3-GJ CITY NAME OF D.J. :',U~:;d.t '. STATE ZIP CODE 35 Ci1elsea. DATE OF JUDGMENT ,". ") in::; o eKE No l.an(-: CarlisLe .' " ~" "/i'- IN THE CASE OF {Plaintiff} .V".?1:' _~,...., _ . """- f 't .....Jr. .'("';1'~. .'1 ,:"..,.i'l(p~~ct:Cantr<,:>.... flOi nidn ;~;c~.1.3 ~</:-.- /..,_ ._)......1 ~'I;';:"J. ,~Z,:~.... ..... . '; .', lr; vs ;. (' ',\ SIGNATURE OF APPELlANT OR ATTORNEY OR AGENT (~'V-OOUc.19.3-;~:J pPNl' ( '~.)...- Lv< I:. )~ This block will be signed ONLY when this notation ;s required 'under Pa. If appellant was Claimant (see Pa. R.CP.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s). to file a complaint in this appeal Name of appel/ee(s) (Common Pieas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To . appellee(s) Name of appel/ee(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 lime. a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule jf service was by mail is the date of the mailing. Date: .20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE ,""-" . ~ 1tam81, 2, end 3. Also CClft'4lI8Ie itIlm 4 If IWbtcled DelIvery Is de8IIed. . PrInt your _ and addnlss on the_ so that we can I8Ium the card to you. . AIlach this card to the back of the 1l1lIIlplece, 0I\!l" the front If "P!"'" permits. bfaf:~ J/~{ SUsan K. Day 22~1l st....Jox 167 Mt'rlly ~, PA 17065 )l::MIII Q~MIII o - J' 1 ~ lIIlrt.ium~far ........_ o _ MIll E:j c..o.o. 4. _"""" DoIvIIy'/ iI9<h FWI 0 'fill 2" ArtIcJe Number ~from_~ i pSfctm381',~.. 7001 2510 0000 3039 9970 _Aolo.m AoCoIpl ....,1140 I . CompIeIe 1tam81, 2, and 3. Also tOo" ltem" If IWbtcled DelIvery III de8IIed.. . .PIInt your..". and addnlss on the.- so that we can I8Ium the carci to you. . AIlach this card to the back of the n'lallpl8ce, or on the front If 81*>> permits. 1~\u: .1\10 V. otto, III, Esq. ~gh~lf, Williams & Carlisle, PA 17013 o Agent C1d:l1 I C. Dal8 01 DoIIvery D. IadoMy....cIIlIoIo!nttom.....1? 0 'fill 1fVES, .,.~~.... ~bo(-. .No \4 I'i'[. ......, 7\ to l i 0 tip "\':\ \ \ ~, I. " ' ~...i'~'fa / / . O-! 'w ~lalMo."__ [] _MIll ~Do.G;D. 4. """bk;!>od DoIvIIy'/ iI9<h FWI .0 'fill 2. Article Number ~from_"" $OS Forrj,i38", r......,. 2Q)4 7001 2510 0000 3039 9987 - -... AoCoIpl 1lJ2696.02.M-1lS4O Timothy D. Hoffman d/b/a Hoffman's Custom Contracting, Inc, Plaintiff : In the Court of Common Pleas : Cumberland County, Pennsylvania v. : Civil Action - Law Dr. David Williams and Dr. Dina Schweitzer, Defendants : NO. 05 - 5lld~ ~ NOTICE TO DEFEND 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave. Carlisle. PA 17013 SAlDIS, SHUFF, FLOWER & LINDSAY Dated: ():-.A. S- I "2-o(J \' By: ~t:,~~ George F. Douglas, II , Esquire Supreme Court J.D. #61886 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Attorney for Plaintiff SAlDIS SHUFF, FLOWER & LINDSAY ATIORNEYSeAT-UW 26 W. High Streel Carlisle. P A TIMOTHY D. HOFFMAN d/b/a HOFFMAN'S CUSTOM CONTRACTING, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law DR. DAVID WILLIAMS and DR. DINA SCHWEITZER : No. Defendants COMPLAINT AND NOW, comes the Plaintiff, Timothy D. Hoffman d/b/a Hoffman's Custom Contracting, Inc., by and through its undersigned attorneys, Saidis, Shuff, Flower & Lindsay, and avers in support of its Complaint against Defendants as follows: 1. Plaintiff, Timothy D. Hoffman is the President of Hoffman's Custom Contracting, Inc. with its principal place of business located at 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. 2. Defendants, David Williams and Dina Schweitzer are husband and wife and reside at 120 Locust Way, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff entered into oral negotiations with the Defendants in approximately November, 2004 to build a custom built home on Lots 46 and 47 in the Clarendon Development in Dickinson Township, Pennsylvania. 4. It was agreed to by the parties that the Plaintiff was to prepare house plans for the said custom home which was to consist of approximately 7,000 square feet. 5. It was agreed to by the parties to revise the said plans on at least two occasions. SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEVS.AT-LAW 26 W. High Street Carlisle. P A II I ! 6. As a result of preparing the plans, the Plaintiff prepared an invoice in the amount of$3,112.00 which was submitted to the Defendants and is currently due and owing. A copy of the invoice number 706 and an itemized list of expenses are attached as Exhibit HA", WHEREFORE, Plaintiff claims of the Defendants the sum of $3, 112.00 plus interest and costs, an amount requiring compulsory referral to arbitration under the local Rules of Court. Respectfully submitted, SAllIS, SHUFF, FLOWER & LINDSAY DateN {S {()) c- ~ eorge ,Douglas, III, Esquire Attorney J.D. No.: 61886 26 West High Street Carlisle, P A 17013 (717) 243-6222 Attorney for Plaintiff 2 SAlOIS SHUFF, FLOWER & LINDSAY A 'ITORNEYS-A r-LA W 26 W. High Street Carlisle. PA II VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: liJ!J/05 Hoffman's Custom Contracting, Inc. :ZiP ~ : ""..vr Timot y D. Ho man, President SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.u.W 26 W. High Street Carlisle, P A II Timothy D. Hoffman d/b/a Hoffman's Custom Contracting, Inc. Plaintiff v. I 'I Dr. David Williams and Dr. Dina Schweitzer, Defendants : In the Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action - Law : NO. ATTORNEY'S ACCEPTANCE OF SERVICE I, NO V. 0Tf0, III. EsQUIRE. A'ITORNEY FOR DEFENDANTS, DR. DAVID WILUAMS AND DR. DINA SCHWEITZER, IN TIlE ABOVE CAPTIONED ACTION, HEREBY ACCEPT SERVICE OF TIlE COMPLAINT IN TIlE ABOVE ACTION ON DEFENDANTS BEHALF AND HEREBY ACKNOWLEDGES TIlAT I AM AUTIlORIZED TO DO SO. Date: Attorneys for Defendant By: NO V. OTID, III, Esquire Martson. Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 INVOICE CONTRACTING. INC. 35 Chelsea Lane' Carlisle, PA 17013 . Phone/Fax: (717) 245-9259 www.hoffmanscustomcontracting.com BILL TO Dr. David Williams Dr. Dina Schweitzer 120 Locust Way Carlisle, PA 17013 DATE 2/2/2005 INVOICE # 706 TERMS Due on receipt DESCRIPTION AMOUNT Custom Plans and Revisions (amount will be deducted off of 3,112.00 house price if construction begins) .. . Please remit payment to: Hoffman's Custom Contracting, Inc. 35 Chelsea Lane r",r1icdo DA 17()1 ':l. I TOTAL I $3,112.00\ EXHIBIT "A" ~ BUILDING CARLISLE'S FINEST CUSTOM HOMES CONTRACTING. INC. 35 Chelsea Lane' Carlisle, PA 17013' Phone/Fax: (717) 245-9259 www.hoffmanscustomcontracting.com DR. AND MRS. DAVID WILLIAMS INVOICE #706 ITEMIZATION 4,754 sq. ft. @ .45~ sq. ft. = $2,139.30 (1 st and 2nd floors) 908 sq. ft. @ .40~ sq. ft. = $363.20 (garage) 230 sq. ft. @ .35~ = $80.50 (porch) 3,524 sq. ft. @ .15~ sq. ft. = $529.00 (basement) TOTAL: $3,112.00 ...IIIIl BUILDING CARLISLE'S FINEST CUSTOM HOMES r :':1 ~: Co:-:} W-'j o ('"l --l , U1 ~~ -l 'X:~ ~r~C; -;'JC,--" ;:",,; (~~) "'-;'-", ---... .( ,:J. (") -;~~} iT"! -;~\ 'j.- ~ ~: ~~~~) cr, ef' SAIDIS iUFF, FLOWER & LINDSAY lTTORNEYS-AT-LAW 1,6 W. High Street Carlisl~. P A II Timothy D. Hoffman d/b/a Hoffman's Custom Contracting, Inc. Plaintiff v. Dr. David Williams and Dr. Dina Schweitzer, Defendants : In the Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action - Law : NO. O~ 500~ PRAECIPE Service of the Complaint was made to Ivo V. Otto, III, Esquire, Attorney for the Defendants David Williams and Dina Schweitzer by certified mail on October 7, 2005. A return receipt card is attached. Date: Qr:A' , '3 . ?.Q,Q') , By: b< ~C~ 1(; , George F. Douglas, I, Esquire Saidis, Shuff. Flower & Undsay Attorneys for Plaintiff 26 W. High Street Carlisle. PA 17013 SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS.AT-LA.W 26 W. High Street Carlisle, P A iI.!. It..~ ~, ""- 10' ._,.~.ftItt -1?m'V i.' 3 2. MII*t..,.... ....."! " ! ! II I 'I ~W~~' PS Form 381.1.1'1t1n.y 2lI04 ;.,~ ; t:"lIe 7001 2510 0000 303~ ~~32 DIll.- .......... ..... <.:-') C ,..., r:4 ,/;;:;-~ <:"-.J' n :::?l ~ =t.--n fllE-: -~I,.:..j ;-},~~) ~' .. .~. : -"\'..' ':~;\~~)i ~:;'i "j'J :.< w -0 ''.:-: c::> -> SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS"AT-LAW 26 W. High Street Carlisle, P A Timothy D. Hoffman d/b/a Hoffman's Custom Contracting, Inc. Plaintiff v. Dr. David Williams and Dr. Dina Schweitzer, Defendants : In the Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action - Law 0" - : NO. J t)oo<[ ~, ATTORNErSACCEPTANCEOFSER~CE I, !VA V. OTID, III, ESQUIRE, ATIDRNEY FOR DEFENDANTS, DR. DAVID WILUAMS AND DR. DINA SCHWEITZER, IN lliE ABOVE CAPTIONED ACTION, HEREBY ACCEPT SERVICE OF lliE COMPLAINT IN THE ABOVE ACTION ON DEFENDANTS BEHALF AND HEREBY ACKNOWLEDGES THAT I AM AUlliORIZED TO DO SO. Date: \O~\DS Attorneys for Defendant By: ~~ !Va V. OTIO, III, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 r-) <= ":;::;:.;! .c" q. ~"."'\ "-'J t"-;? .:c o 'Tl ...... --r ',1' F \FILE$IDA T AFILE\GeneralICurrent\ I ] 369 .4.ans I \mas Created: 9/20/04 0:06PM Revised: 1\128/05 2:45PM ]1369.4 I , George B. Faller, Jr., Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants TIMOTHY D. HOFFMAN d/b/a HOFFMAN'S CUSTOM CONTRACTING, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5008 CIVIL ACTION - LAW DR. DAVID WILLIAMS and DR. DINA SCHWEITZER, Defendants. JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: TIMOTHY D. HOFFMAN, d/b/a HOFFMAN'S CUSTOM CONTRACTING, INC., Plaintiff, and his attorney, GEORGE F. DOUGLAS, III, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOu. AND NOW, come Defendants Dr. David Williams and Dr. Dina Schweitzer, by and through their counsel, MARTS ON DEARDORFF WILLIAMS & OTTO, and hereby respond to Plaintiffs Complaint as follows: 1.-2. Admitted. 3. Admitted. By way of further response, the transaction never proceeded any further than oral negotiations. 4. Denied. To the contrary, see the answer to paragraph 3. 5. The answer to paragraph 3 is hereby incorporated by reference. It is admitted that some changes were discussed as part ofthe oral negotiations which were ongoing. 6. It is admitted that Plaintiff apparently prepared an invoice and did send that invoice to the Defendants. It is denied that the amount of$3,112.00 is due and owing to the Plaintiff. WHEREFORE, Defendants hereby demand judgment in their favor and dismissal of the Plaintiffs Complaint with prejudice. NEW MATTER 7. Plaintiffs Complaint is barred by the Statute of Frauds. MARTSON DEARDORFF WILLIAMS & OTTO By George . Faller, Jr., Esquire J.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 28, 2005 Attorneys for Defendants I . CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Defendants' Answer with New Matter to Plaintiffs Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: George F. Douglas, III, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO I By: 'I'{ . (\ Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 28, 2005 ~-:~, c' '--....-' -q .~ ~'h r<) C,) -:-1 '".''' ..J .- SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA TIMOTHY D. HOFFMAN d/b/a HOFFMAN'S CUSTOM CONTRACTING, INe., Plaintiff v. DR. DAVID WILLIAMS and DR. DINA SCHWEITZER Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action - Law No. 05-5008 Civil PLAINTIFF'S ANSWER TO DEFEDANTS' NEW MATTER AND NOW, comes the Plaintiff, Timothy D. Hoffman d/b/a Hoffman's Custom Contracting, Inc. and files the within Answer to Defendants' New Matter and in support thereof avers the following: 7. Denied. Under the Doctrine of Quasi-Contract, the Defendant orally requested that work be performed by the Plaintiff. The Plaintiff completed the work and it would be inequitable for the Defendant to retain the work without making compensation to the Plaintiff. Date: ~- ,) 2>05"" SAIDIS, SHUFF, FLOVJER & LINDSAY r-- tI\D~^' p q)."...,u"J(". '!t.... By: ~'-"Y~ '~-)/~ George F. Douglas, III, Esquire I.D. No. 61886 26 West High Street Carlisle, PA 1'7013 ('717) 243-6222 Counsel for plaintiff ~ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, P A TIMOTHY D. HOFFMAN d/b/a HOFFMAN'S CUSTOM CONTRACTING, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law DR. DAVID WILLIAMS and DR. DINA SCHWEITZER No. 05-5008 Civil Defendants ACCEPTANCE OF SERVICE I, George F. Douglas, III, Esquire, of Saidis, Shuff, Flower & Lindsay, hereby certify that a copy of the foregoing Plaintiff's Answer to Defendants' New Matter was served this date upon counsel for the Defendants by depositing the same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: George B. Faller, Jr., Esquire Martson Deardorff Williams & Otto 10 E. High Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Date: O<-<=:-- /, '2.,1:,05' By: MJ::-So~'~ George F. Douglas, III, Esquire I.D. No. 61886 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff --.) ^) r'", I-J1 C.J =:.! 1 ;-'^ ( '.1 ( , , C; .) TIl'DI'HY D. HOFFMAN d/b/a HOFFMAN'S CUSTOM CONTRAcrING, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-5008 CIVIL 19 Plaintiff v. DR. DAVID WILLIAMS and DR. DINA SCHWEITZER, Defendants CIVIL AcrION - LAW RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George F. Douglas, III . counsel for th(piainti~efendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 3,11 2.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: George B. Faller, Jr. WHEREFORE. your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ~^- [:-, ~.'c; ORDER OF COURT AND NOW, , 19_, in consideration of the Esq., , Esq., are appointed arbitrators in the above captioned action (or foregoing petition, Esq., and actions) as prayed for. By the Court, PJ. c, . , ~ ~ & ,.,-1 ~ ---- ~ '\.. ::.:! ~ ~. 0<\ lS ~ Gv' ~ F:lf]LES\DA T AF1LEIGeneraJ\Current\ 11369.4_pral\mas Created ]/9/0610:22AM It Revised: 1/9/06 10:25AM IU694 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. No. 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendants TIMOTHY D. HOFFMAN dlb/a HOFFMAN'S CUSTOM CONTRACTING, INe., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5008 CNIL ACTION - LAW DR. DAVID WILLIAMS and DR. DINA SCHWEITZER, Defendants. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are hereby directed to attach the Verification page to Defendants' Answer with New Matter to Plaintiffs Complaint filed on November 28,2005 in the above-captioned matter. MARTSONrORFF WILLIAMS & OTTO /. ( . ~. ~ /1 ~-)c ". ~/ /. ::/-' f- /; //i. ! ;/ By, I " (~. ' " \ -( George B. Faller, Jr., Esquire J.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 9, 2006 Attorneys for Defendants , VERIFICATION The foregoing Answer is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. ~A~ Dr. David 1 Iiams .~~~4 Dr. Dina Schweitzer F:\FILESIDAT AFlLE\GeneraI\Current\11369.4.ansl CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: George F. Douglas, III, Esquire SAllIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA l70l3 MARTSON DEARDORFF WILLIAMS & OTTO By: I , a \ l~~UYX< .. .Ddtoe~, Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 9,2006 t~,j "":", ,_I.... r._; ::::.,. ,-) :::n :.:;-~ ~. ,';,'; ::=~.~ ~ ' t......:.' \f'l ~ c~ ~~- HOU7J>'/'(...AA...-' Plaintiff In Tbe Court of Common Pleas of Cumberland 00e ()~ I'~Au(,J CV.-I'Ic'A><-< $ D~'/0,A County, Pennsylvania No. {} s:- - g)oq Dr<fend~t . <; t- ~ ~c; (l'2-z<z Oath We do solemnly swear (or affIrm) that we will support, obey and defend the Constitution ofthe United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fideli'~ty; C1i tJ ~f} ~ .lfl__.Jof~ Signature Signature ~ture /kL-,i7'''Y K' tpjao t Name (Chairman) ($IkI1~?~ .,G<(~cf( Law Firlh l <.t tl"",,~ ClbM-,vl>< Address Civil Action - Law. -rtJmt.i~ J). Go "I-J..J Name 6rEfJ1I6,J L. &/l.t>')E Name S~l.f.. ~L . ,W,.{ #L.-tW- aw mn Law Firm 2 /?c..,.. /'11",., j'r Address </1 s H/l~..,.p.l1V Address c--~J1.L~ ~ ~ , !r.f'.. \... ") DL ') City, Zip SM,;<,,,,,,u,...,i."~.~ .f,4 City, Zip' [7u II "'/13/,3 .!J,03:l.7 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ~J;tt City, I?D II Zip #II"'D F'tI\r b"'- U ~ & cPt"- cCM.,. TS (' ,f..- "f\: ;l.,) ~O <J. s;o l A....-TicFrF kt<t- ~V .-'- r Date of Hearing: J - ( -IJ ~ Date of Award: '3 -( - 0 h ator, dissents. (Insert name if applicable.) (Chairman) 4/1- J rr<. Jlt..,. Notice of Entry of Award Now, the ;Z"......( day of)~ , 20 Db ,at I{."-o , A.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 290. ('> 0 By: Deputy otary ...,---- c.- -'..- r') ('".' t)i ~~~~ ~~~ , ' SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYS.AT.LAW 26 W. High Street Carlisle, PA II 'I I, 'I Ii II 'I Timothy D. Hoffman d/b/a Hoffman's Custom Contracting, Inc. Plaintiff v. Dr. David Williams and Dr. Dina Schweitzer, Defendants : In the Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action - Law : NO. 05-5008 PRAECIPE I ,-~~t I I P{lease mark the above-captioned case settled and discontinued. t Date: t;1,o/o~ ~ BY:~C- . George F. Douglas, II, Esquire Saidis, Flower & Lindsay Attorneys for Plaintiff 26 W. High Street Carlisle, PA 17013 1.0. 61886 (") I"'-.) 0 <= c <= ." <:7' ...-..:... ::J: ~:n .}cn mrfi > -" ..., -< ~~ "- ~~ :;'~ 0 -<....: ~~~.. " .:r: ,., >c- :x ~.~ c ~ z ~ ~ (Xl