Legal Question in Construction Law in Pennsylvania

Construction work was done on Barry's house by John in 2005. It was completed in August of 2005. John did some unethical things and they argued about these things. John takes Barry to court in June 2008. John thinks Barry owes him $3400 that is remaining. Barry did not agree as he contends that John breached the contract in many ways. The county court ruled in Barry's favor that John did wrong and the judge ruled in favor or Barry without prejudice. Now this means that John can some back at Barry within the time of the statute of limitations. In the state of PA, this is 4 years. This means that John would have until August of 2009 to file suit again. This did not happen.
In September of 2011, John goes to the local district magistrate and files the very same suit, Now John is suing for $12,000 due to other ridiculous fees that he is adding on. The magistrate has scheduled a hearing for Oct 17, 2011. How is this possible? Can't Barry now sue John for harrassment? By the way, in 2008, Barry filed a form with the local police department that John is to have no communication with Barry of any kind. The county court already ruled on this. I have a copy of the PA Supreme court ruling that breach of contract in construction in this state is 4 years. So why do I have to waste my time defending myself? Isn't this district magistrate in the wrong? Your advice please. Thank you.
Barry K

Asked on 9/21/11, 1:24 pm

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

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Magistrate is required to schedule a hearing You must file an intent to defend and raise the SOL in your defense

Answered on 9/21/11, 6:29 pm

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