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Home My WebLink About01-5530 N.T. MANAGEMENT, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. i No. Or- -'--Y5 0 ESHENAURS FUELS, INC., : : 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 N.T. MANAGEMENT, INC., : Plaintiff : ESHENAURS FUELS, INC., : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOTICIA LE HAN DEMANDA~DO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMA/qDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMAP~A MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTP~A USTED SIN PREVIO AVISO 0 NOTIFICACION y POR CUALQUIER QUEJA 0 ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO 0 SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Service N.T. MANAGEMENT, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : ESHENAURS FUELS, INC., : : CIVIL ACTION - LAW Defendant : COMPLAINT AND NOW, comes Plaintiff, N.T. Management, Inc., by and through its attorneys, the Law Offices Stephen C. Nudel, PC, and respectfully files this Complaint as follows: 1. Plaintiff, N.T. Management, Inc., is a Pennsylvania corporation having an address of 21 Eastgate Drive, Camp Hill, Cumberland County, Pennsylvania 17033. 2. Plaintiff, N.T. Management, Inc., pursuant to a lease, operates a Days Inn Motel located at and known as 1012 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 ("Property"). 3. Defendant, Eshenaurs Fuels, Inc., is a Pennsylvania corporation having an address of 2900 Herr Street, Harrisburg, Dauphin County, Pennsylvania 17105. 4. On or about November 1, 1996, Plaintiff, as owner, and Defendant, as contractor, entered into a Standard Form of Agreement Between Owner and Contractor for plumbing, heating, air conditioning and ventilation to be installed at the Property by Defendant ("Agreement"). A true and correct copy of the Agreement is attached hereto and made a part hereof as "Exhibit 5. Pursuant to the terms of the Agreement Defendant was to provide plumbing, heating, ventilation and air conditioning goods and services pursuant to plans and specifications as referenced within the Agreement. 6. Plaintiff agreed to pay Defendant $279,000.00 for Defendant's goods and services. 7. After Defendant's completion of the work in 1997, Plaintiff began to experience defects with the air conditioning which included overflow of water from the air conditioning drainage pans. 8. Upon investigation, it failed to install seventy-seven accordance to manufacturer's manner. 9. As a result of the was discovered that Defendant (77) air conditioning units in specifications and in a workmanlike overflow of the air conditioning drainage pans, Plaintiff has discovered substantial water damage to the Property which includes water damage to drywall and insulation in at least fifty-one (51) guest rooms. 10. Plaintiff believes and therefore avers that there may be additional damage to the Property which has not yet been discovered. 11. As a result of the improper installation of the air conditioning units by Defendant, Plaintiff has had to have the seventy-seven (77) improperly installed air conditioners reinstalled to correct the defects caused by Defendant. 12. The cost of reinstallation of seventy-seven (77) air conditioners to Plaintiff was $12,619.00 as reflected in the repair invoice. A true and correct copy of the repair invoice is attached hereto and made a part hereof as Exhibit "B." 13. Defendant failed to perform the work of installing the air conditioning systems on the Property in a good and workmanlike manner and in accordance with manufacturer's specifications. 14. As a result of the water damage in fifty-one (51) rooms of the Property, Plaintiff will incur costs for repairs to the damaged areas in the amount of $89,772.00 as is reflected in the repair estimate. A true and correct copy of the repair estimate is attached hereto and made a part hereof as Exhibit "C." 15. Plaintiff will incur additional costs to repair any additional damage discovered for which Defendant is liable. 16. Despite request, Defendant has refused to correct the defects in its performance of the work, pay the cost for the reinstallation of the air conditioners or correct the other damages caused by Defendant's acts. 17. Defendant's actions constitute a breach of the Agreement between Plaintiff and Defendant. 18. TO date and as a result of Defendant's acts/or omissions Plaintiff has incurred damages in the followin9 amounts: Reinstallation cost Property damage $ 12,619.00 $ 89,772.00 Total $102,391.00 WHEREFORE, Court to enter judgment Defendant in the amount suit and attorneys fees future damages. Plaintiff respectfully requests this Honorable on behalf of Plaintiff and against of $ 102,391.00 plus interest, costs of along with continued liability for any Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Date:~; ~fDO~ Stephen C. N-udel, ~Squire Attbrney ID #41703 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff A M E R I C A N AIA Document AIO1 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULA TED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. 77~e 1987 Edition of AIA DOcument A201, Ge~to'al Conditions of the Contract for Conxtruction, is adopted in this document by reference. Do not use with other general conditio~z~ unless this document is modift'ed. This doc~lment has been approved and endoescd by The A.~,sociated General Contractors of America. AGREEMENT made as of the j ~._.~7 day of Nineteen Hundred and ] ~ BETWEEN the Owner: N.T.Management, Inc. (l~2tme and addre.~) 21 Eas tgate Drive Camp Hill, PA 17033 and the Contractor: The Project is: The Days Inn Lower Allen To~raship Mechanicsburg, PA /')~' · /"7lo 5 · in the },ear of The Architect is: (Nctme atd address) AJS CONSTRUCTIONMANAGER: 32 North Queen Street NCI York, PA 17403 P.O. Box D Shippensburg, PA 17257 The Owner and Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documenl.~ consist of this Agfeenrent. Conditions of the Contract (G~ner-zl, Supplementary and other Conditions), Drawings, Specifications, Addenda Issued prior to execution of this Agreement, other documents listed in this Asreement and Modifications b.nued after execution of this Agreement; these form the Contract, and are as fully a pact of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreement$, either written or oral. An enumeration of the Contract Document$, other than Modifications, appears In Article 9, ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract E~.)cuments, except to the extent specifically indicated in thc Contract [X}cuments to b¢ the respon$ibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 Thc date of commeneement is the date from which the Contract Time of Paragraph 3.2 is measnred, and shall be the date of this Agreement, a.s first written above, unless a different date is stated below or provLsion is made for the date to be fixed in a notice to proceed is.sued by the Owner. Unles,~ the date of commencement is c.-ntablished by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not le..~s than five days before commencing the Work to permit the timety filing of mortgages, mechanic's liens and other security intercsts. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than subject to adjustments of this Contract Time as provided in the Contract Documents. ADDENDUM ARTICLE 2 THE WORK OF THIS CONTRACT PLUMBING,HEATiNG,VENTILATION, AIR CONDITIONING As per drawings plans and specifications described in this document and as per proposal date OCTOBER 21 ST 1996.AII labor and materials for Plumbin_g, heating and ventilat~n. Domestic water line to be instaled to the meter pit...?ll fl~'~r penetrations to be fire proofe_d as per code. ARTICLE 4 CO TF ,CT SUM 4.1 The Owner sh:dl pay thc Contractor In cun'ent funds {'or thc Contractor's p~fotrnance of thc Contract thc Contract Sum of Dollars ($,~ 7~ OO 0/"~ ). subject io =ddiik)ns and doduc~io~s as provided in the Con- 4.2 The Contrac~ Sum is b:L~cd upon thc folk)wing ghernatc$, If any, which are described in thc Contract Docum~'~t.~ and are 4.3 Unit prices, if any, arc .'~ follows: ARTICLE 5 PROGRESS PAYMENTS 5.1 B~`~cdu~nA~icati~nsf~r~aymcntsubmittcdt~the~rchitcctbyth~C~ntrac[or~ndC~rti~c:ztcsf~rP~ymentis`sucdbyth¢ Architcct, the Owner sh.-dl make progr~ payments on account of the Contract Sum to the ContracZor as provided below md 5.2 The p~riod covered by each Application for Payment sha~l be one c~endar month ending on the 12st day of the month, or ~s follows: 5.3 Provided an Application for Payment ks received by the Architect not later than the 25 th day ora month, the Owner shall make payment to the Contractor not later than the 25 th day of the fo].low±r,.gmomh. If an Application for Payment is received by the Archilcc! after the application date fixed above, payment shall be made by the Owner not later than 60 days days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall bc based urxm the Schedule of Values submitted by the Contractor in accordance with the Contract Documems. Thc Schedule of Values shall allocale thc entire Comrnct Sum among the varlotm [xmions of the Work and be prepared in such R>rm and supported by such data to subslantiate its accuracy as the Architect may require. This Schedule, unless objected to by the Architect, shall be used as a bu.%s for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate thc percentage of completion of each portion of the Work a.s of the end of the period covered by the Application for Payment. ( 1 0 %). Pcnclir~g fin:d delerminatkm of cost to the Owner of changes in the Work, amounts not in dispute m:q,, be Change Ordcr; percent ( 20 5.8.3 Subtract the aggregate of prcviotm payments made by the Owner; and graph 9.5 of the Gcner.~i Conditions. 5.'7 'The progress paymcnl amount determined in accordance with Paragraph 5.6 shall be f~rther modified under the follo~,'ing percent ( 5 % ) of the Contract 5.8 Reduction or limitation of rerainnge, if any, shall be ;ts follows: ARTICLE 6 FINAL PAYMENT Final r~ymcut, co~3.stitudng thc cnlirc unpaid balance of thc Coat mc'~ Sum, shMI b¢ madc by thc Owncr to the Contractor when (!) thc Contmc~ h~.'~ h('cn fully performed by thc Contractor ¢xcc~at for thc ~ntm~or's r~)~ibillty to coffer nonconR)~in~ Work &s provided in Subparagraph 12.2.2 o~ thc Gcncml ~ndlHo~ ~d to satb~y o~hcr r~uir~m, t~m~y, which n¢c~arily sum,irc final ~ymcm; and (Z) a final C¢~tficat¢ fi)r Paymcm h~ ~ L~sucd by thc Architc~; such fin~ paym¢m shall 1~ made by thc Own~ not more than ~(1 d=ys after thc L~s~nc¢ of the Architc~'s fingJ C¢~Jfi~te fi)r Pg~olt, or ~ follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Whcrc reference is made in this AgrcenteC~t to a provision of thc Gec~cral Conditions or another Contract IN)o.m~c. nt. thc ref- erence refers to that provision as amended or supplemented hy other provisions of the Contract D<x:umcnts. 7.2 Paynlents due and unpaid under the Contract shall bear interest from tile date payn'lent is due at the rate stated bek)w, or in thc absence thereof. :it tile legal rate prevailing fr(ml tinlc to time at the place ';.'here the Project is located. 7.3 ()tiler provisions: ARTICLE 8 TERMINATION OR SUSPENSION ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS g.1 The Contmc~ D~'umen{s, except rot Modiflc~Qons L~ucd after e~x~cution of this Agrc~ment. are enumerated ;s follows: g.1.1 The Agrcement Lc {bLs executed 5{an(L'~rd Form of Agrc~qent ~tw~-n Owner ~'td Con{ractor, AIA Document AI0[, 1987 EdlHon. 9.1.2 Thc C,~ner. d Conditions arc the General Conditions of the Contract for Cortstructlon. AL~ Document .~0!. I987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract arc thos~ contained in the Proi¢ct Manu;J d~tcd October 20, 1996 , and are m~ follows: Document Title Pages See Attachmen~ See Attachment g,1.$ 'rhcDmwh~gsarcz~fifllows,~ndarcdmcd October 20, 1996 Number 1-7 (J. Michael Brill & Assoc., Inc.) A-l-0 A-l-1 A-l-2 A-2-1 A-2 -2 A-3-1 A-3-2 A-3 -3 A-4-1 A-4-2 A-5-1 A-5-2 A-6-1 FP-1 & FP-2 P-1 thru P-5 M-1 thru M-3 PE-1 E-1 thru E-6 unle:~s a diffcr~t date is shown below: T]~c Site Drawings April 20, 1996 Foundation Plan 9-20-96 Floor Plans 1-4 9-20-96 Roof and Ref. Ceiling 9-20-96 Elevations 9-20-96 Interior Details 9-20-96 Cross Sections 9-20-96 Cabinetry Details 9-20-96 Details 9-20-96 Door Schedule 9-20-96 Room Finish/Beam Schedule 9-20-96 Room Layouts 9-20-96 Entry Plans 9-20-96 Stair & Elevator Sections 9-20-96 Fire Protection 9-20-96 Plumbing 10-03-96 Mechanical 10-03-96 Meter pit/Site Lighting 10-03-96 Electrical 10-03-96 9,1.6 Thc Addenda, if:my, arc as fifllows: Number Date Pages Portions of Addenda relating to bidding requirement5 are not part of the Contract D<x'ument5 unlc:s.s the bidding rcquiremcnts arc also enumerated In thk~ Article 9. 1'11E AMERICAN INS'FITIJ'VE OF ARCIIITECTS. 173'5 NEW YORK AVENUE, N.W. WASIItNGTON, D.C. 2(XX)6 A101-1987 7 9.1.7 Other documcms, If any, forming pan of the Contmc~ D(x:umcnt.s are =s follows: Contractor Proposal Dated: ThL'~ Agreclncnt is entered into a.,~ of the da:,' and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for u.c~e tn the administration of the Contract, and the r~'nainder to the Owner. OWNER (NCI Construction Manager on (! rinted itame and titlt9 DIVISION 5 - METALS 05500 METAL FABRICATIONS DIVISION 6 - WOOD AND PLASTICS 06100 06200 ROUGH CARPENTsY FINISH CARPENTRY DIVISION 07210 07411 07530 07600 07720 07901 7 - THERMAL AND' MOISTURE PROTECTION BUILDING INS~LATION MANUFACTURED ROOF PANELS SINGLE-PLY M~MBRANE ROOFING FLASHING AND SHEET METAL ROOF ACCESSORIES JOINT SEALANTS DIVISION 8 - DOORS AND WINDOWS 08111 08211 08410 08520 08710 STANDARD STEEL DOORS AND FRAMES FLUSH WOOD DOORS ALUMINUM STOREFRONT SYSTEMS ALUMINUM WINDOWS DOOR HARDWAP. E DIVISION 09255 09300 09511 09650 09900 9 - FINISHES GYPSUM BOA-RD AssEMBLIES TILE ACOUSTICAL PANEL CEILINGS RESILIENT FLOORING PAINTING DIVISION 10522 10800 10 - SPECIALTIES FIRE EXTINGUISHERS, CABINETS, TOILET AND BATH ACCESSORIES DIVISION 11 - EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS NOT USED DIVISION 13 - SPECIAL CONSTRUCTION. NOT USED DIVISION 14 - CONVEYING SYSTEMS NOT USED DIV. ISION 15 16 REFER TO VOLUME 3 AND ACCESSORIES END of TABLE OF CONTENTS DAYS INN - MECHANICSBURG AJS 96-06 TABLE OF CONTENTS 2 COVER SHEET TABLE of CONTENTS Days Inn Located at Woodland Street Mechanicsburg, Pennsylvania AJS 96-06 October 03, 1996 VOLUME~ DIVISION 0 - CONTRACT AND PROPOSAL INFORMATION 00030 INSTRUCTIONS'TO PROPOSERS Contract forms and Conditions Form or Agreement General Conditions Supplementary General Conditions Special Conditions No Lien Agreement DIVISION 1.- GENERAL REQUIREMENTS 01010 01027 01035 01040 01045 01200 01300 01500 01631 01700 01740 SUMMARY OF WORK A~PLICATIONS FOR. PAYMENT MODIFICATION PROCEDURES PROJECT COORDINATION CUTTING AND PATCHING PROJECT MEETINGS 'SUBMITTALS TEMPORARY FACILITIES PRODUCT SUBSTITUTIONS PROJECT CLOSEOUT WARRANTIES AND BONDS VOLUME II DIVISION 2 - SITEWORK' The Civil engineering documents have been prepared under separate contract by J. Micheal Brill, Engineers, of Mechanicsburg, PA. Specifications for such.work are issued under separate cover. DIVISION 3. - CONCRETE 03300 03410 CAST-IN-PLACE CONCRETE PRECAST HOLLOW CORE PLANK DIVISION 4 - MASONRY 04200 UNIT MASONRY DAYS INN - MECHANICSBURG TABLE OF CONTENTS 1 AJS 96-06 mcclure .o ~-8(:x~,3~.-~3~ g (pA) FAX (717) INVOICE NO ~' PAGE DAYS INN HARRISBURG wEST 1012 WESLEY DRIVE MECHAN~CS~URG PA 17055 S DAYS INN-HARRISBURG W~ST ]012 WESLEY DRIVE 'T MECHANICSBURG PA 17055 UNIT UNIT TICKET # QTY MEAS DESCRZP]'ION PRICE EXTEND~ ./0 9 ~- A104~6013 53-3934 RE~ZNS'[ALL_ 7'7 TI-IRLI 'THE:' WALL AIR CONDITIONER UN~TS QUOTED PRICE ' $ 12,6~9.00 53"~934 St,~ndard McClu~-~ Bi lling ~ONTHI_Y FINANCE CI-t*~]R[a~: 0[: L. 5% CI~I~I~GE:D AF'TER :.~Z~ DAYS. TAX 12,6i9.~C IT, NET AMOUN · 0 t2, 6 1 9.,OZ. $~ptembgr 14, 2001 937 Nixon Drive Sul~ A Mechani¢$burg, PA 17055 717,791,1018 ~ 717~79I~ f023 N.T. Management, Inc. 21 Eaatgate Drive Camp Hill, PA 17011 Arm: Anal Thakrar Re: Remedial work necessary for water damaged areas. De~Mr, Th~r~, On be af or remier Cons c:ion C¢ou , we pIe S a you with a quotation to complete the necessary work to repair tho water damaged areas in 51 rooms at your Da!a Inn location in Camp Hill, PA. During our on-site walk through, we have noticed that there is a substantial amount of water damage throughout numerous rooms. The areas thai we have identified would encompass 51 guest rooms within your facility. Please be aware that there may be additional damage in other rooms within the facility that we were unable to detect without further site investigation that would entail cutting some walls to determine the extent of the damage, if any. Our proposal will include the following scope of work in order to facilitate the proper repair of the exterior walls in each of the 51 units that we have noted above. The scope is as follows: · We would like to have a block of at least 10 rooms at a time due to the fact that we would have to move the furniture, stage thc furniture of two to three rooms into one room and begin working un thc spaces. · Cutting out and removal of the drywall on the outsid~ wall ~d insulation that has sustained water damage. · We will reinstall new R-I 9 Kraft faced insulation, · We will reinstall new 5/8" drywall and finish it to receive a wall covering. · We have utilized an allowance of $I0.00 per square yard for the purchase of' wall covering to match the existing wall covering. (We will need to get further information from you on thc exact wall covering that is in place). #%, (N,T. Management continued) · We have utilized a $3.00 per square foot allowance for approximately 13 feet of border in each of the 51 rooms. (We will need to finalize this selection and a~tual cost, At the time of the estimate we were unable to accomplish this.) · Removal and disposal of all of our debris into an on-site dumpster which will be provided by Premier Construction Group, · Clean up of the room for turnover to you after we have put the furniture back in place. You may need to do a final spot clean up for occupancy of the room but we will do the general construction clean up. * Our time line to complete this work will take approximately 8 weeks from the time we begin this project. We may even work double shifts on this project as long as it ~.,,~,,,..,,--,,.----~eome disruptive to your clients that are using this facility. This-witt.h~'~ ~ be coordinated from a logistics standpoint with yoarself and your building management Our quotation to do the above scope of work will be $89~77:l,00. Our payment terms shall be as follows: Draw # 1- End. of second week: Draw # 2- End of fourth week: Draw # 3- End of sixth week: Draw # 4- End of eight week: $20,000.00 $20,000.00 $25,000.00 $17,500.00 The final draw shall be upon final inspection, or within two weeks of project completion. This draw will be in the amount of $5,272.00. In closing, we would like to thank you for your initial confidence in the Premier Construction Group. We look forward to servicing your cons'ruction needs in a professional and quality oriented manner for your facility, 2 VERIFICATION I, Anil C. Thkarar, Vice President of N. T. Management, Inc., being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties-of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. N. T. MANAGEMENT, INC. Date:glz'lol ~'T~h~akrar Vice President d Stephen E. Geduldig, Esquire Attorney I.D. NO. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 E-Mail: se~..tthlaw.com Attorneys for Defendant: ESHENAURS FUELS, INC. N.T. MANAGEMENT, INC., Plaintiff ESHENAURS FUELS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW NO. 01-5530 CIVIL PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, Eshenaurs Fuels, Inc., in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiff's Complaint. Respectfully submitted, :146248.1 THOMAS, THOMAS & HAFER, LLP STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 Attorneys for Defendant, ESHENAURS FUELS, INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the lb~ day of October, 2001, on all counsel of record as follows: Stephen C. Nudel, Esquire Mark W. Allshouse, Esquire LAW OFFICES OF STEPHEN C. NUDEL, PC 219 Pine Street Harrisburg, Pennsylvania 17101 Attorneys for Plaintiff :146250.1 THOMAS, THOMAS & HAFER, LLP ~ ~rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANCES GRIMES Plaintiff V. HARRIS SAVINGS BANK Defendant : NO: 01-5533 : : Civil Action - Law : : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT 13. Paragraph 13 is an incorporation paragraph to which no responsive pleading is required. To the extent that such a responsive pleading is required, it is denied and strict proof thereof is demanded at trial. 14. - 29. Denied. Paragraphs 14 through 29 state a conclusion of law to which no responsive pleading is required. To the extent that such a responsive pleading is required, it is denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendants in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. Greg~ E Martin, Esquire Attorney I.D. #38894 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 I HEREBY VERIFY that the information set forth in the foregoing Reply to New Matter is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. ~4904, relating to unswom falsification to authorities. Frances Grimes CERTIFICATE OF SERVICE AND NOW, this 14th day of November, 2001, I, Gregory E. Martin, Esquire, a member of the Law Offices of Dale E. Anstine P.C., hereby certify that I have, this date, served a copy of the within and foregoing document by first class United States Mail, postage, pre-paid, addressed to the party or attorney of record as follows: Amy L. Coryer, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Respectfully submitted, LAW OFFICE.~,~)~ DALE E. ANSTINE, P.C. BY: rGrG~egory E. Martin, Esquire I.D. NO: 38894 Two West Market Street P.O. Box 952 York PA 17405 (717) 846-0606 Stephen E. Geduldig, Esquire Attomey I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 E-Mail: seQC~tthJaw.com Attorneys for Defendant: ESHENAUERS FUELS, iNC. N.T. MANAGEMENT, INC., Plaintiff Vo ESHENAURS FUELS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5530 CIVIL NOTICE TO PLEAD TO: Plaintiff and its counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. :151260.2 By: Respectfully submitted, THOMAS, THOMAS & F~R, LLP Attorneys for Defendant, ESHENAUERS FUELS, INC. Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 E-Mail: ~ Attorneys for Defendant: ESHENAUERS FUELS, INC. N.T. MANAGEMENT, INC., Plaintiff Vo ESHENAURS FUELS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5530 CIVIL ANSWER ~ NEW MATTER OF DEFENDANT, ESHENAURS FUELS, INC, AND NOW, comes Defendant, Eshenaurs Fuels, Inc. ("Defendant,,), by and through its undersigned counsel, Stephen E. Geduldig, Esquire, of Thomas, Thomas & Hafer, LLP, and files the following Answer and New Matter to Plaintiff's Complaint: 1. Denied pursuant to Pa. R.C.P. 2. Denied pursuant to Pa. R.C.P. 3. Admitted. 1029 (e) . 1029 (e) . 4. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). By way of further response, what is purported to be a "true and correct', copy of an agreement, attached as Exhibit UA" to the Complaint, is obviously incomplete and missing certain pages. 5. Admitted in part and denied in part. It is admitted that Defendant provided certain plumbing, heating, ventilation and air conditioning goods and services. To the extent that paragraph 5 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). By way of further response, to the extent that any services or goods were provided pursuant to any written agreement, said written agreement being a Writing, speaks for itself, and Defendant denies any attempt on the part of Plaintiff to characterize or summarize the writing and its terms. 6. Denied pursuant to Pa. R.C.P. 1029(e). 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. Denied. The heating and air conditioning units installed by Defendant at Plaintiff's motel were installed pursuant to the requests of the Plaintiff and/or Plaintiff,s representative, and with Plaintiff's approval and consent and/or the approval and consent of Plaintiff,s representatives. To the extent that paragraph 8 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 9. Denied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e). 2 10. R.C.P. 1029 (e) 11. Denied as a legal R.C.P. 1029 (e) Denied as a legal conclusions and pursuant to Pa. conclusions and pursuant to Pa. 12. Denied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e) 13. Denied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e) 14. Denied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e) 15. Denied as a legal conclusions and pursuant to Pa. R.C.P. 1029(e) 16. Denied as legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 17. Denied as legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 18. Denied as legal conclusion and pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Eshenaurs Fuels, Inc., respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in its favor. 3 19. by reference as if fully set forth at 20. Some or all of Plaintiffs, applicable statute of limitations. 21. Plaintiff, individually and/or by and through its representative, approved and therefore consented to the installation of the heating and air conditioning units in the manner they were installed by Defendant. 22. Plaintiff, through its construction representative, approved and therefore consented to the installation of the heating and air conditioning units in the manner they were installed by Defendant. 23. any. 24. 25. 26. 27. 28. Paragraphs 1 through 18, above, are incorporated herein length. claims may be barred by the Plaintiff may have failed to mitigate its damages, if Plaintiff,s claim is barred by waiver. Plaintiff,s claim is barred by consent. Plaintiff's claim is barred by estoppel. Plaintiff's claim is barred by acceptance. Plaintiff's claim is barred by accord and satisfaction. 4 29. Plaintiff's claim is barred or limited by any contractual defenses, which are incorporated herein by reference. WHEREFORE, Defendant, Eshenaurs Fuels, Inc., respectfully requests that Plaintiff,s Complaint be dismissed in its entirety and judgment entered in its favor. :151260.1 By: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP STEPHEN E. GEDULDIG, ESQUIR~ Attorney I.D. No. 43530 Attorneys for Defendant, ~SH~NAUERS FUELs, INC. 5 .VERIFICATION I, W. Craig Eshenaur, President, Eshenaurs Fuels, Inc., hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. W. Craig Es~enaur CERTIFICATE OF SERVICF I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the . l I~ day of January, 2002, on all counsel of record as follows: Stephen C. Nudel, Esquire Mark W. Allshouse, Esquire LAW OFFICES OF STEPHEN C. NUDEL, PC 219 Pine Street Harrisburg, Pennsylvania 17101 Attorneys for Plaintiff :146250.1 THOMAS, THOMAS & HAFER, LLP ephen E. Geduldig, Esquire/ N.T. MANAGEMENT, INC., : Plaintiff : ESHENAURS FUELS, INC., : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5530 CIVIL CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTF9 AND NOW, comes Plaintiff, N.T. Management, Inc., by and through its attorneys, the Law Offices Stephen C. Nudel, PC, and respectfully files this Reply to Defendant's New Matter as follows: 19. Denied. Paragraph 19 is a paragraph of incorporation to which no response is required. By way of further response, paragraphs 1 through 18 of Plaintiff's Complaint are hereby incorporated by reference as if set forth at length. 20. Denied. The averment contains a conclusion of law to which no response is required. 21. Denied. The averment contains a conclusion of law to which no response is required. By way of further response, neither Plaintiff nor its representative approved or consented to the improper installation of the air conditioning units. 22. Denied. To the contrary, at no time did Plaintiff or its construction representative consent to the improper installation of the air conditioning units. 23. Denied. The averment contains a conclusion of law to which no response is required. 24. Denied. The averment contains a conclusion of law to which no response 25. Denied. which no response 26. Denied. which no response 27. Denied. which no response 28. Denied. which no response 29. Denied. · s required. The averment contains a conclusion of law to · s required. The averment contains a conclusion of law to · s required. The averment contains a conclusion of law to zs required. The averment contains a conclusion of law to · s required. The averment contains a conclusion of law to which no response ~s required. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order on behalf of Plaintiff and against Defendant for the relief requested in Plaintiff,s Complaint. Respectfully submitted, LAW OFFICES STEPHEN C. NIIDEL, PC Date Stgphen C. Nudgl~ Esquire Attorney ID #41703 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff VERIFICATION I, Anil C. Thkarar, Vice President of N. T. Management, Inc., being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. N. T. MANAGEMENT, INC. ~~krar Vice President N.T. MANAGEMENT, INC., Plaintiff ESHENAURS FUELS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5530 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVIC~ I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Ma~k W. Allshouse,~Esquire Attbrney ID #78014~ 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff N.T. MANAGEMENT, INC., Plaintiff v. ESHENAURS FUELS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW PRAECIPE TO DISCONTINUZ TO THE PROTHONOTARY: Please mark the above caption matter as settled, discontinued with prejudice and forever ended. Respectfully submitted, LAW OFFICES OF STEPHEN C. NIIDEL, PC ~phen~ C. Nudel~ ESquire ~ttorney ID #41793 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff N.T. MANAGEMENT, INC., Plaintiff V. ESHENAURS FUELS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5330 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Ma/k W. Allshouse/ Esquire 2~9 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney ID #78014 Attorney for Plaintiff