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Home My WebLink About06-5538SURF POOLS ACQUISITION CORP. : IN THE COURT OF COMMON PLEAS t/d/b/a Surf Pools, Inc. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. ela- SS JAMES and THERESA BULLERS, husband and wife : CIVIL ACTION - LAW 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3308 (717) 249-3166 SURF POOLS ACQUISITION CORP t/d/b/a Surf Pools, Inc. Plaintiff V. JAMES and THERESA BULLERS, husband and wife Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 (- - 5-y 39 I.t CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Surf Pools Acquisition Corp., t/d/b/a Surf Pools, Inc., by and through their attorney, Mark K. Emery, Esquire, and files this Complaint as follows: 1. Surf Pools Acquisition Corp., t/d/b/a Surf Pools, Inc., ("Surf Pools") is a Pennsylvania corporation with an address for conducting business of 100 Old York Road, New Cumberland, Pennsylvania 17070. 2. Defendants James and Theresa Bullers, (hereinafter `Bullers"), husband and wife, are adult individuals with an address of 4 Teal Road, Mechanicsburg, Pennsylvania 17055. 3. On or about August 16, 2005, Surf Pools and Bullers entered into a contract for the installation of a pool on the Bullers' property. A copy of the contract is attached and incorporated fully herein as Exhibit "A." 4. The total due under the contract was $27,800.00. 5. On April 3, 2006, Surf Pools and the Bullers executed an Additional Work Order in which Surf Pools would provide additional services and materials to the pool installed on the Bullers' property. A copy of the Additional Work Order is attached and incorporated fully herein as Exhibit "B." 6. The total amount due under the additional work order was $20,037.00 half of which was provided as a deposit, thereby leaving $10, 018.50 due upon completion of the additional work. 7. As of this date $1,000.00 is still due under the initial contract and the full $10,018.50 is due under the Additional Work Order. 8. Surf Pools provided all services and material under both the original contract and the additional work order in a reasonable and workmanlike manner. 9. Despite repeated demands the Bullers failed and refused to make payment of the monies due. COUNTI BREACH OF CONTRACT 10. Paragraphs 1 through 9 are incorporated fully herein by reference. 11. Surf Pools and the Bullers entered into written contracts in which Surf Pools provided, and the Bullers accepted, materials and services as outlined therein. 12. Despite Surf Pools providing all services and materials as agreed upon, the Bullers have failed and refused to make payment on the $11,018.50. WHEREFORE Plaintiff respectfully requests this Honorable Court enter judgment for it and against Defendants in the amount of $11,018.50 plus all costs of suit and both pre and post judgement interests. Said amount requires compulsory arbitration. COUNT H UNJUST ENRICHMENT 13. Paragraphs 1 through 12 are incorporated fully herein by reference. 14. In the alternative to Count I, in the event the Bullers claim the contracts are invalid, Surf 2 Pools provided services and Defendants accepted said services. 15. The reasonable and fair market value of said services and materials is $11,018.50. WHEREFORE Plaintiff respectfully requests this Honorable Court enter judgment for it and against Defendants in the amount of $11,018.50 plus all costs of suit and both pre and post judgement interests. Said amount requires compulsory arbitration. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: ?j Mark K. Emery, Esquire Attorney I.D. No. 72787 410 North Second Street Harrisburg, PA 17108 (717) 238-9883 Attorney for the Plaintiff DATE: September 22, 2006 Rug 22 2013G 11:11 HP I_RSERJET FRX P.2 dkris... n. .:.6, s ..; 6,ti?a:M ar.r,,ia 4 } R"'d7^±L?p? 0MS INC. ,C"',0/ 100 Old York Road, Flew CambadmfA PA 170711 E1i09 ChurO Rood, HummeW twin, PA 1;7038 3244A Paters Mountain, Route 71t8, Halifax, PA 17032 PH: (717) 774.7412 of 774.7413 • FAX: (717) 778- PH: (f'f7) 698.88 a FAX: (r77) M3-%W PW (717) 8984856 ?of' -_..-.=tee ? --._.,?-?-?-•-?-.:= This contract is made on- the da c„ry?" 200 between Surf Pools, Inc, hereinafter refenred ,o as Contractor (selier) and ' .q hereinafter referred to as Buyer(s) resicing at +? ?+ Zip Code .1k!aL- Township 0ounty 6)A L.ol' ,?i. :.. Horre Tete,ohcre ' --- tusin ss Telephone lti?_"' > s Y' r - Cell No. --- . EQUIPMENT LIST '? - ---•-•-?- ---- - -- - ?.. - ITEM- fµ - DESCRIPTION TOTAL ZrPQCL - (size, Shops) Co?k ?' PdUiW SIZE OPOOL STAIRS _ r r 4;4 -= - HAND RAIL1,S) L14M - (T)ree) Ali JA r fr c Xr INSTALt:4T10 c --? F LTER SIR r' s sa-F? HEATER 3U AUtCNWIC CHLORINE FEED=R X SKIMMER 0 1062. VANE _ ?.- . 130TTQ M DRAT N fi M fiGr ' FLOATS A UNE (? C?vIWG 8?AAI? ?_ __- G SU5ING' BOARD _ VAC EQUIPMENT WINTL!Fli COVER IiiFFdlIEB U SOLAR COVER - --• _-- SOLAR REEL WATER TEST KIT _ PLWM131Nt3 h(17 CHEMICALS (Starter KH) NORMAL EXCAVATION VER={ ULiTE POOL BASE - ?--• DECK SUPPORT SYSTEM DECK MATERIAL LEAF NET -_-- WALL BRUSH POOL THERM 01AFTFR . kVINTERIZING PLUGS ? LIC3HT ?. ? OTHER _ C OTHER E7 TOTAL ACCESSORIES $ ' G + t;+t+ fa C ? du'V . ! y' kfl?c, 1 ACCESSORIES: i I OCHER: i:n Sub Tota'r ! KIT INSTALLED Additional Work -T atl ? Pa.Saie3Ts7c TOTAI. Down Pa maim Completion_--_-..,..---•_•_,__.•_ Tota;._ *This payment due the day the walls of the pool are set In concrete. All materials and aup0lies are W80 fully guaranteed oy the, I manufacturers. Feliure, of the f3u'Ier to satisfy the aGove payment scireduis wii, release Contra: for Bern all warranties. expressed or Impl ed. ?rte Buyer to totai!y rasponsib!e for eiaet Iasi, water arc'buliCing permit, The price or tha contract does not nciuda the cost of ,erncval of any urderground otstades not known to the Contractor. SUysr hereby agrees to pay for any ground hauling from this pool site if outside a two mHe r"ivs o", Pont site. 'this amount shall be paid spar, completion of such haullrg. Price on this contract does not include the coat of gtoun,? or. transportation of euch ground to poo! site, The undersigned to ndy end levers ly agree that the tarry* ar:d cwndtttona on the reverse side are part or thls agreement and that this writing corrtaiis the artire agreement oatween the cuatorw end Surf Pooh, and further solpnowiedgeu that each of thane have read and understood this entire contract, and have received a copy thereof. This contraot may be amended oy additionoi work order, elgned uy aryone of the custorrers wnose name appears beiow CONTRACTOR (SELLER ---? ?- -- ?- SALESNAN u f BUYER BUYER 9ua r'. 2C 49 p R F lt' T FAX G.. . ,.. ,. ?' .? ,. ?,:.4 y!o ::;rk5 •hSy^:ll^a?tr•lMta'9n,?"?9,A _t"ah^ablri^?ac'?;`:;,mPi.r ?. ?:ticj^, ?tv;a?;?.wne: ..•px;.u:i° e,... ,....,.i ,. <, ?Y ..a:S. - •,r.. _ Papa Na. of L ' ditional Work Order 1(}0 CFO York Road, New Ctamberlarid, FA 17070 •. ^1 77+141.2 r (717) 7747413 Church Road, Hummsl6t4wn, PA 17M • (717),5 349,,W. U44A, Pat" nVM ROW, H@ ft. PA 1'70= + (717) a9641 56 PRt7 S SUSRE P_H?t._.??_.._?,....?.. DA;TE? *Ck '+?^1 C? :cs ,? . C.t_ ? ? ? t"'"G ? C/3 7 ? "' ?'S?c;1. r•? ..?./ 7' /-j°.+`°!j Agree hwoy tc ilumish r+ atww ano iabw-*Dmpiete in est:corcmme with above speclimtiom, tar thse sur of: .tc? tea. op daitan(Sr_ ' d?+'?.1 Payment to be m as o%wss - I i AIam"),* suararihmd to be as, - --' d' ?t ? ? ? L; 'l _ sprC filed. to bf compieesd+n d t man tiler m 1a.:?h4rtd4rd>>' ksr. ailts[vtiOh or drviadian fWW 40110 Authorized i~ Y1 rw" Ooft wiq bs axeexlHid q ly y?t Y&MOM Ordsta. and Si2noturw vr111 . tie sh ra alist?r pvAi? aM6.44ave tits eifltnaw:!Ap mant( cor<?inpenr ._..__ Aii Qr tlPlays b+lYaewtf' our etirtirdY t tire. ta+wdo Nate: This_prnpo•a! maybe ethW{ Irnurgnoe., t9ur wdkers ar+ fvl oruttwn• Goan wkhcarown by'us if not cccated within _-_ days. AddItiona1 "Wor Order Tt'e abo" t 4ow eftfta- ,,k f ? tiom amd conditlone are sallefaclory and Brag hereby a pted. You are authorirec to die the work as salftd, Ot SiRratur® ap yrntlritvulii bb tttada 8E+outllnsd above. 0010 of AtceVtane+.? . _? ?? ri. VERIFICATION I, Matthew Moffet, President of Surf Pools Acquisition Corp., hereby verify that I have read the foregoing Complaint and that the information contained therein is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Matth w Moffet DATE: `I, ?0• D( ? c.a SHERIFF'S RETURN - REGULAR CASE NO: 2006-05538 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SURF POOLS ACQUISITION CORP VS BULLERS JAMES ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BULLERS JAMES the DEFENDANT at 2115:00 HOURS, on the 2nd day of October , 2006 at 4 TEAL ROAD MECHANICSBURG, PA 17055 by handing to JAMES BULLERS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 7.92 Affidavit .39 Surcharge 10.00 R. Thomas Kline .00 36.31,,-"10/03/2006 jpl qo? MARK EMERY Sworn and Subscibed to By: before me this day Deputy S iff of A.D. SHERIFF'S RETURN - REGULAR 1 IV + CASE NO: 2006-05538 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SURF POOLS ACQUISITION CORP VS BULLERS JAMES ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon nTTT T VnC MWVV QA the DEFENDANT , at 2115:00 HOURS, on the 2nd day of October , 2006 at 4 TEAL ROAD JAMES BULLERS, HUSBAND a true and attested copy of COMPLAINT & NOTICE MECHANICSBURG, PA 17055 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00?'? Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,/ 10/03/2006 14,1 o L MARK EMERY Sworn and Subscibed to By: before me this day Deputy S iff of , A.D. SURF POOLS ACQUISITION CORP. t/d/b/a Surf Pools, Inc., Plaintiff V. JAMES and THERESA BULLERS, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 46-51;-,?3frCIVIL Ofo -5538 CIVIL ACTION - LAW DEFENDANTS' COUNTER-REPLY TO PLAINTIFF'S NEW MATTER Defendants James Bullers and Theresa Bullers, by their attorneys, Snelbaker & Brenneman, P. C., submit this Counter-Reply to Plaintiffs New Matter as follows: 38-41. Denied. Paragraphs 38, 39 and 40 and 41 of Plaintiffs New Matter contain I unwarranted conclusions of law to which no response is required by Defendants; therefore, same I are deemed to be denied. 42. Denied. It is denied that Defendants had not complained or brought the various defects set forth in Defendants' New Matter and Counterclaim to the attention of Plaintiff. It is further denied that Defendants characterized the grossly uneven pool bottom surface as having I "miniscule bumps". On the contrary, Plaintiff was aware of the defects in Plaintiffs work and installation that are set forth in Defendants' New Matter and Counterclaim. 43. Denied. It is denied that Plaintiff made all necessary repairs as requested by Defendants. On the contrary, Plaintiff walked off the job refusing to remedy the defects in its installation and to properly complete the pool installation. 44. Denied. It is denied Defendants did not allow Plaintiff the opportunity to repair LAW OFFICES Plaintiffs defective work. On the contrary, Plaintiff had the opportunity to repair its work but SNEL13AKER & BRENNEMAN, P.C. chose to walk off the installation job. 45. Denied. Plaintiff s allegation that the contract attached as Defendants' Exhibit 1 does not include a pool cover is yet another example of Plaintiffs failure to read or understand its own contract and contractual obligations. The parties' contract as noted in Exhibit 1 specifically provides for a "standard winter cover" as being included with the pool package. 46. Denied. For the reasons set forth in Paragraph 45, above, the allegations in Paragraph 46 of Plaintiffs New Matter are denied. On the contrary, Defendants can claim damages for Plaintiffs failure to provide a pool cover. WHEREFORE, Defendants request this Court to strike Plaintiffs New Matter and enter judgment in favor of Defendants in accordance with the demand for damages set forth in Defendants' Counterclaim. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendants Date: November 24, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 VERIFICATION I verify that the statements made in the foregoing Counter-Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: James B. Bullers VERIFICATION I verify that the statements made in the foregoing Counter-Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I VD, 9 /0 60 ?Zensz?lc?• e Theresa J. Bul e LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Counter-Reply to New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Mark Emery, Esquire 410 North Second Street Harrisburg, PA 17108 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendants Date: November 27, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 71 f`7 SURF POOLS ACQUISITION CORP t/d/b/a Surf Pools, Inc. Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 46-55% CV CZ'o- 5538 JAMES and THERESA BULLERS, husband and wife : CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: James and Theresa Bullers C/o Keith 0. Brenneman, Esquire SNELBAKER & BRENNEMAN, P.C. 44 W. Main Street Mechanicsburg, PA 17055 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff DATE: November 17, 2006 SURF POOLS ACQUISITION CORP t/d/b/a Surf Pools, Inc. Plaintiff V. JAMES and THERESA BULLERS, husband and wife Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 0o' NO. 06-5,536 CV CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO NEW MATTER AND COUNTERCLAIMS AND NOW, comes the Plaintiff, Surf Pools Acquisition Corp., t/d/b/a Surf Pools, Inc., by and through their attorney, Mark K. Emery, Esquire, and files this Answer to New Matter and Counterclaims, as follows: 16. Denied as a conclusion of law. 17. Denied as stated. It is specifically denied that Moffett specifically state that it provided professional experience and timely service although, such adjectives would apply to the general services provided by Plaintiff as well as specific services provided by Plaintiff to Defendants. 18. Denied as a conclusion of law. 19. Denied. Specifically paragraphs 19 (a) through (q) are specifically denied and strict proof to the contrary is demanded at time of trial. By way of detailed response: a. Denied. The contract did not require completion by Spring of 2006. b. Denied. The installation is complete, and Defendants have consistently utilized the pool. C. Denied. The pool was completed in due time. d. Denied. The pool was completed in due time. e. Denied. The pool was completed in due time. f. Denied. The pool was completed in due time. g. Denied. The pool was properly prepared and protected. h. Denied. The pool was properly prepared and protected. i. Denied. All concrete work was properly performed and installed. j. Denied. All concrete work was properly performed and installed. k. Denied. All concrete work was properly performed and installed. 1. Denied. All concrete work was properly performed and installed. M. Denied. All concrete work was properly performed and installed. n. Denied. All concrete work was properly performed and installed. o. Denied. All concrete work was properly performed and installed. p. Denied. All concrete work was properly performed and installed. q. Denied. The pool cover would be provided at the end of the season when ready to be installed. As Defendants have breached the contract by failing to pay, Plaintiff is not obligated to fulfill this alleged contractual requirement. In addition, Defendants allege that the contract attached to their Answer is the proper contract. Under such contract a pool cover is not included. 20. Denied. After reasonable investigation, Plaintiff can either admit or deny the allegations set forth in paragraph 20 and therefore such allegations are hereby denied. By way of further response, Plaintiff on numerous occasions offered to deduct any necessary or reasonable repairs to which Defendants complained. However, Defendants failed and 2 refused to allow Plaintiffs to conduct such repairs and further by failing and refusing to make payment under the Contract waived any responsibility or obligation of Plaintiff to perform such services. 21. Denied as a conclusion of law. By way of further response, Defendants have failed to provide evidence of any cost or expenses the allegedly incurred. 22. Denied as a conclusion of law. 23. Denied as a conclusion of law. 24. Denied as a conclusion of law. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter judgement for it and against Defendants. COUNTERCLAIMS 25. Paragraph 25 refers to a writing which speaks for itself, and is therefore denied. 26. Paragraph 26 refers to a writing which speaks for itself, and is therefore denied. 27. Paragraph 27 refers to a writing which speaks for itself, and is therefore denied. 28. Denied as stated. It is specifically denied that Moffett stated that Plaintiff provided professional experience and timely service although, such adjectives would apply to the general services provided by Plaintiff as well as specific services provided by Plaintiff to Defendants. 29. Paragraph 29 refers to a writing which speaks for itself, and is therefore denied. 30. Denied as stated. Upon completion of the work required to be performed pursuant to the written contracts, all work ceased. 3 COUNTI BREACH OF CONTRACT 31. Paragraphs 25 through 30 are incorporated fully herein by reference. 32. Denied. It is specifically denied that Plaintiff materially breached the agreement. Paragraphs 32 (a) through (q) are specifically denied and strict proof to the contrary is demanded at time of trial. Plaintiff incorporates Paragraph 19 fully herein by reference. 33. Denied. After reasonable investigation, Plaintiff does not have sufficient information to either admit or deny the allegations set forth in Paragraph 33 and therefore the allegations are hereby denied. By way of further response, Defendants have not provided any evidence of the alleged damages set forth in Paragraph 33. In addition, Plaintiff had offered to Defendants to make any necessary repairs or address any concerns raised by them. However, Defendants refused to allow Plaintiff to perform such repairs and further by failing to make payment as due under the contract. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter judgment for it and against Defendants. COUNT H BREACH OF IMPLIED WARRANTY 34. Paragraphs 25 through 33 are incorporated fully herein by reference. 35. Denied as a conclusion of law. 36. Denied. It is specifically denied that Plaintiff materially breached the agreement. Paragraphs 36 (a) through (q) are specifically denied and strict proof to the contrary is demanded at time of trial. Plaintiff incorporates Paragraph 19 fully herein by reference. 4 37. Denied. After reasonable investigation, Plaintiff does not have sufficient information to either admit or deny the allegations set forth in Paragraph 37 and therefore the allegations are hereby denied. By way of further response, Defendants have not provided any evidence of the alleged damages set forth in Paragraph 37. In addition, Plaintiff had offered to Defendants to make any necessary repairs or address any concerns raised by them. However, Defendants refused to allow Plaintiff to perform such repairs. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter judgement for it and against Defendants. NEW MATTER TO COUNTERCLAIM 38. Defendants have failed to mitigate their damages. 39. Defendants' claims are barred by the statue of frauds. 40. Defendants' claims are barred by the parole evidence rule. 41. Defendants failed to set forth a cause of action for which relief may be granted. 42. Defendants had not complained to Plaintiff of any alleged defects they now set forth in their counterclaim, except for the issue of miniscule bumps in the bottom of the pool. 43. Plaintiff made all necessary repairs as requested by Defendants. 44. Defendants did not allow Plaintiff the opportunity to perform any of the alleged repairs they now claim as their damages. 45. Pursuant to the contract attached as Exhibit 1 to their Answer, a pool cover is not included in the contract. 46. Based on such allegation, Defendants cannot now claim damages for Plaintiff allegedly failing to provide the pool cover. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery, Esquire Attorney I.D. No. 72787 410 North Second Street Harrisburg, PA 17108 (717) 238-9883 Attorney for the Plaintiff DATE: November 17, 2006 6 , lb CERTIFICATE OF SERVICE AND NOW, this I!"' day of November 2006, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Answer to New Matter and Counterclaims by mailing a true and correct copy via United States first class mail, addressed as follows: Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P.C. 44 W. Main Street Mechanicsburg, PA 17055 LAW OFFICES OF MARK K. EMERY By: Mar . Emery ,-? - -_ ti: ,; --r ?,` ?,,?; , -, - -? ".., c_,, _? r`h Y Curtis R. Long Prothonotary Office of the Protbonotarp Cumberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n(,, - SY 3 8 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573