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Home My WebLink About00-03022 ."~ MAR-01-2001 THU 01:24 PM IRA H, WEINSTOCK,P,C, 7172386691 LAw OFFlct:5 IRA H. WEINSTOCKt R C. Sura: 100 800 N. SECOND STREET HARFllS8LJRO. PENNSYLVANIA I 7102 AREA CoDE 7\ 7 ThLEPIIONE: 238-)657 .... March 1, 2001 IRA H. WEINSTOCK Wf:N1JY' D. J30wrE .JAsoN M, WEINSTOGK JOlIN B. DoUOHER1Y JEffl<t:Y R. ScflOTT Via Facsimile and Regular Mail Samuel L. Andes, Esquire 525 North Twelfth Street p. O.Box 168 Lemoyne, P A 17043 Dear Ms. Andes: - _"k' p, 02 FAX: (717) 238.6691 E.MAlL A;op_ss weinltock@redlll.e.net wein.tock.l~w@verizon.net RE: Sowers, Gamer, Saylor Architects Engineers, Inc. v. Chauffeurs, Teamsters & Helpers Local Union No. 430, affiliated with the International Brotherhood of Teamsters, AFL-CIO No. 00-3022 Civil Teno TIle parties have settled the above-captioned matter. Therefore, please cancel the arbitration scheduled for March 2, 2001. If you have any questions, please feel free to contact me. IHW:lsw ce: Thomas G. Collins, Esquire Very truly yours, ~H. L,~vtJ~ IRA Ii. WEINSTOCK h;;-' ~ - ~ ~ ., J> MAR-01-2001 THU 01:23 PM IRA H. WEINSTOCK, p, C. 7172386691 p, 01 ../ 800 North Second Street H.rris~urg. Pennsylvania 17102 E-Mail Addre55;weinstoGk.law@verizon.net Phone: (717) 238-1657 Facsimile: (717) 238-6691 IRA H. WeINSTOCK W.NOV D. BOW'. JASON M. W.INSTOCK JOHN B. DOUGH.RTY J.FFREV R. SCHOTT Fax., '.'!: "-. '. Ii' , !. ,,- . Samuel Andes, Esquire From: Ira H. Weinstock, Esquire Te>: Fax: 761.1435 Pau....: 2 Phil"" (717) 238-1657 Pater. March 1, 2001 Re: Sowers, Garner, Saylor Architects Engineers v TeamsteJ5 Local 430 cc: o Urgcont r:J Fllr Review o PI_Be Ce>mment 0 Plea_ Reply o Please Recycle . Cllmments: THE INFORMATION llfOlNG TRANSMITTED BY THIS FACSIMI!.E IS CONSIDERED ATTORNEY-CLIENT OR ATTORNfOY WORK-PRODUCT PRIVILEGED AND CONFIDENTIAL AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU SHOULD BE AWARE THAT ANY DlssfOMINATION, DISTRIBUTION, DISCLOSURE. COPYING OR USE OF THE CONTENTS OF THIS TRANSMISSION IS STRICTLY PROHI~ITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, P!.EASE IMMEDIATE!. Y NOTIFY US BY TfOLEPHON~, AND RETURN TH~ ORIGINAL MESSAGE TO US AT THE A~OVE ADDRESS VIA U.S. MAIL THANK YOU. .,. .' ~ Thomas G. Collins, Esquire 1 South Market Square \ f\( 213. Market Street, 3rd Floor . \ D(11U Harrisburg, PA 17101 ND\W Frederick Huganir, Esquire P.O. Box 308 31112C:01 Carlisle PA 17013 fOiBed I .. tR QMl'O \C1:tIrfI . -"","~,-,---'- '. ,-' ". ,-' , "=, Ira H, Weinstock, Esquire $'00 North Second Street, Suite 100 Harrisburg, PA 17102 Timothy J, Colgan, Esquire 1 South Baltimore Street 311/2001 Dillsburg, PA 17019 f\D\i.\\-ecl cR ml'\!1d \Men. SOWERS, GARNER, SAYLOR ARCHITECTS ENGINEERS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION NO. 430, AFFILIATED WITH THE INTERNATIONAL BROTHER-HOOD OF TEAMSTERS, AFL-CIO, Defendant NO. 00-3022 CIVIL TERM TO: Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, Pa 17102 Thomas G. Collins, Esquire 1 South Market Square 213 Market Street, 3'd Floor Harrisburg, PA 17101 NOTICE OF HEARING l I, I ~ t t ~ ;; YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above-captioned matter will meet for the purpose of their appointment on Friday, 2 March 2001 beginning at 9:00 a.m. in the Second Floor Hearing room in the Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. /s/ Samuel L. Andes Dated: 20 December 2000 Samuel L. Andes, Esquire - Chairman Frederick Huganir, Esquire Timothy Colgan, Esquire cc: Court Administrator's Office IRA H. WEINSTOCK WENDY D. BowIE ..JAsoN M. WEINSTOCK JOlIN B. DoOOHER1Y JosEPHP. MU.coFF LAw OFFICES UtA H. WEINSTOCK, R C. SUITE 100 BOO N. SECOND STREET !iAARISBURG, PENNSYUlANIA 17102 AREA GoDE 717 TELEPHONE: 238-1657 ... FAX: (717) 238'6691 E-MAIL ADDRESS weinstock@redrose.net December 15, 2000 Samuel L. Andes, Esquire 525 North Twelfth Street P. O. Ba.x 168 Lemoyne, P A 17043 RE: So.wers, Gamer, Saylor Architects Engineers, Inc. v. Chauffeurs, Teamsters & Helpers Lo.cal Unio.n NO. 430, affiliated with the Intematio.nal Brotherhood of Teamsters, AFL-CIO No.. 00-3022 Civil Term Dear Mr. Andes: I've co.ntacted Tho.mas Collins, Timothy Co.lgan and Frederick Huganir regarding scheduling a hearing in the abo.ve matter. Everyo.ne is available on March 2,2001 beginning at 9:00 a.m. Please issue a Notice o.fHearing co.nfirming the above date. Ifyo.u have any questio.ns, please feel free to. co.ntact me. Very truly yo.urs, ~~. tl. ULu/vvrtDcf!~ IRA H. WEINSTOCK IHW:lsw cc: Thomas G. Co.llins, Esquire Timo.thy J. Co.lgan, Esquire Frederick Huganir, Esquire Kevin Cicak -,- SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STRl!:ET P. O. BOX 168 LE:M:OYlirE, PENNSYLVANIA 17043 TELEPHONE (717l 761~53el 7 December 2000 FAX (717) 761-14315 Ira H. Weinstock, Esquire 800 North Second Street, Suite 100 Harrisburg, PA 17102 RE: ARBITRA TION Dear Ira: At this point, my calendar in March is very clear and, I believe that any Friday afternoon would fit my schedule for the hearing. Since you need the date changed, however, I am going to put the burden of contacting everyone to clear a date on you. Once you have done that, let me know and I will issue another notice. Please note that Stephen Bloom, Esquire is no longer an arbitrator and he has been replaced by Frederick Huganir, Esquire, of Carlisle. Postponing this matter until March is quite a delay and I do not want the matter put off much longer. Accordingly, I request that you get back to me, within one week, on a date that suits everyone in March. I also request that you consult with Plaintiff's attorney in case there is any problem postponing the hearing that far. Sincerely, Samuel L. Andes amh cc: Thomas G. Gollins, Esquire Timothy J. Colgan, Esquire Frederick Huganir, Esquire ~..- , "-, " Iw. H. WEINSTOCK WENov D. BowiE JAsoN M. WEINSTOCK JoHN B. DoUGHERTY JOSEPH P. Mn.c.oFF LAw OFFICES IRA H. WEINSTOCK, Be. SUITE 100 800 N. SECOND STREET HARRISBURG, PENNSYlYANIA 17102 AREA CoDE 717 ThLEPHONE: 238-1657 .... December 5, 2000 FAX: (717) 238'6691 E-MAIL ADDRESS weinstock@redrose.net Samuel L. Andes, Esquire 525 North Twelfth Street P. O. Box 168 Lemoyne, P A 17043 RE: Sowers, Gamer, Saylor Architects Engineers, Inc. v. Chauffeurs, Teamsters & Helpers Local Union No. 430, affiliated with the International Brotherhood of Teamsters, AFL-CIO No. 00-3022 Civil Term ;; ~ ;, l~ Ifi I: ii, r: f; )(, , Dear Mr. Andes: I am in receipt of a Notice of Hearing regarding the above matter and I do have a conflict on Friday, January 12,2001. I have a case in South Carolina on Thursday, January 11, 2001, and will not be back by the 12th. I will attempt to arrange a suitable date. Please advise as to whether it can be rescheduled for the month of March 2001. 1;i \ ~ ~ Ii " Very truly yours, ~UD- fl. ~kL IRA H. WEINSTOCK IHW:lsw cc: Timothy J. Colgan, Esquire Thomas G. Collins, Esquire M "'--'~ J. ._-. ~ ':c SOWERS, GARNER, SAYLOR: IN THE COURTOF COMMON PLEAS OF ARCHITECTS ENGINEERS, CUMBERLAND COUNTY, PENNSYLVANIA INC. V. : CIVIL ACTION - LAW CHAUFFEURS, TEAMSTERS: NO. 00-3022 CIVIL & HELPERS, LOCAL UNION NO. 430, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO IN RE: ARBITRATION PANEL ORDER OF COURT AND NOW, December 5, 2000, Stephen Bloom, Esquire, is removed from the arbitration panel in the above-captioned matter, and Frederick Huganir, Esquire, is appointed his stead. By the Court, GJnMrl P.J. Samuel Andes, Equire, Chairman Stephen Bloom, Esquire Timothy Colgan, Esquire Frederick Huganir, Esquire CourtAdrninistrator . SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE,PENNSYLVANIA17043 TELEPHONE (717) 761-:5361 4 December 2000 FAX (717) 761-1435 VIA FAX j I I t Ie I I [ r I r I I f i i The Honorable George E. Hoffer President Judge Court of Common Pleas of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Sowers, Garner, Saylor Architects Engineers, Inc. vs. Chauffeurs, Teamsters & Helpers Local Union No. 430 No. 00-3022 Civil Term Dear Judge Hoffer: In early November you appointed me Chairman of a panel of arbitrators in the above matter. One of the other arbitrators you appointed at that time was Stephen Bloom, Esquire. Mr. Bloom has notified me that he has a conflict of interest which would make it improper for him to sit as an arbitrator in the case. I write to request that you enter an order vacating his appointment and appointing another attorney to serve as arbitrator. The case is scheduled for a hearing on 12 January 2001. I ask that you please appoint another arbitrator within the next two weeks so that the hearing will not have to be rescheduled. Thank you for your attention to this matter. Sincerely, Samuel L. Andes amh iTl.. t~~7.. - H-,,-.,'~-. . ?",- """"..."j"'J.""'_,. .'L "'_",'< ,-"",_ , -,."_ :-""-'0_" "~= ,~.,,~, '''-.''',! ., SOWERS, GARNER, SAYLOR ARCHITECTS ENGINEERS, INC., Plaintiff 1'1 i,:i I , ! 1 I , I , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. No. 00-3022 Civil i Ii II f,! I '! :1 ! t1 II i',~ i: I: II II !:I ii Ii :1 " "I :I "' CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION NO. 430, AFFILIATED WITH THE INTERNATIONAL BROTHER- HOOD OF TEAMSTERS, AFL-CIO, Defendant ORDER OF COURT AND NOW, this kl day of ~ ~, 2000, in consideration of the foregoi~g petition,x1~ A'/u/u ./,ESquire,_~..J ~SqUire; and ~ ~ Esquire, are appointed arbitrators in the above-captioned action as prayed for. By the Court, PJ. ~ ~ 1'-\." i~' " 1, , . ", ~~. ,. ~ < r:~LE[H-Ji-:FlGE OF T ~()\lOTARY OO~JOV-2 PM 1:40 CUI.!;SEiil),NCI COUNTY PENNSYLVANIA " e 1!"P1ll<~~~, l!II!IIIIII!\Il~iPf ~", :!. ,~""""~~ 00 ~ < ~ ,'_ "~ ..'. , . ,.,"'I!IIftli!f!IIW!~~n~~""""=="'\""'F!.l!Ili!rf , , ~M. . ""',-'-; ^, - .-,j.. .'.-.. I ., ,~ .--~--':,' .'~^-, '^'~"!:",,,,;,,,,:",,-, -,-",--.;->,,,--",_ co" ."",~_,."",;, -;,">"C'<c ;.. ,- ':;~~-;"'.-.\I SOWERS, GARNER, SAYLOR ARCHITECTS ENGINEERS, INC" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. No. 00-3022 Civil ~~ ~~ ii, I: , ,I " CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION NO. 430, AFFILIATED WITH THE INTERNATIONAL BROTHER- HOOD OF TEAMSTERS, AFL-CIO, Defendant PETITION FOR APPOINTMENT OF ARBITRATORS \l I': It Ii if " if w II !~ , I TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas G. Collins, Esquire, counsel for defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $9,231.64. The counterclaim of the defendant in the action is unspecified, but claimed to be within the jurisdictional limitations for compulsory arbitration. 3. After reasonable investigation, it is believed that no current members of the bar, other than counsel for the parties involved, are interested in the case. ~,_ '.::: '0 1 ",,",C~' .. ~ ,- ,,~ 0",-,'_1." . . . 0~1',,...,,_"' ""'~ ;<-~~, "";'"-"-"'';:-;:':-'''-');'".~"-' ,_" _,','0..', "-"';',; 'i f, I' rl 11 Ii " Ii ii I, ., '.' \j :i WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) !1 '1 11 ii " !1 I! II " Ii !I rl , ~j :i arbitrators to whom the case shall be submitted. By: Thomas G. Collins Attorney LD. #75896 One South Market Square 213 Market Street 3rd Floor Harrisburg,PA 17101 (717) 237-4800 11 " [) II Ii l'l " :1 It II i' ,1 I] ,.I !] I' II Ii [1 [I " 'I ,:1 :I A Dated: October 27,2000 -2- -~- .. .". --~ '-' - , " ;",;-~,. ;'~."J '-"~SO, -~,' _. i<''''"','' -'c ',~''.--~'' 'c."., "--'~~" ;~~,,, ......1 I i [1 j I" !~ " I I :j II !I II !:I .1 i III I;: ,,J . ~~ ~ l- CERTIFICATE OF SERVICE I, Thomas G. Collins, Esquire, am hereby certif'ying that this 27th day of October, 2000, I have served a copy of Petition for Appointment of Arbitrators by United States mail, first class, By: ~ \j il ~i 1" [I ::1 :1 Ii I !,I Ii !" " i' j ,I !1 I'! ,-1 ,:1 il ii ~ ! ~1 ;1 I ! I I ., ~ I I I I postage prepaid upon the following: Ira H. Weinstock, P.c. 800 North Second Stree Harrisburg, PA 1710 -3- _":ili!~"~ ,<.' -'.~""""""-".'IIitI.l!il~~li~lW!lOIiIi'iiil "~'''''"'1oiii~' ~. \':> y::::,,' ;:q:: -.- 5~ ~ -c::::.. ~ " ...~,... "'.' '. 0'i c, o -g 01, if ~ & j ~. f p '2^\IIIIlIiIilllli ,.. ,'~. , ,. c('.. "'-.', ~ () (.:) C) C <::J ., s: => ~-.-i "Ow C~ mp" -I ,- ;',,: ~:-I Z:rc; "'1= ZC ,..) ~:18 (j)' . -< ~~~ ,::j,~ \<0 ""......- ~8 ;? :t:'+i ~t(~ )>c f>? ,,'~f'n -,- ~ :::> ~ ....- -< ~ " ~ ,;,' ~--Iiif'iM;,: I jf ...... SOWERS, GARNER, SAYLOR ARCHITECTS ENGINEERS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION NO. 430, AFFILIATED WITH THE INTERNATIONAL BROTHER-HOOD OF TEAMSTERS, AFL-CIO, Defendant NO. 00-3022 CIVIL TERM TO: Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, Pa 1 71 02 Thomas G. Collins, Esquire 1 South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above-captioned matter will meet for the purpose of their appointment on Friday, 12 January 2000 beginning at 2:00 p.m. in the Second Floor Hearing room in the Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. Dated: 20 November 2000 ~~ Samuel L. Andes, Esquire - Chairman Stephen Bloom, Esquire Timothy Colgan, Esquire cc: Court Administrator's Office MEMO "'_h . " "1 , I , :I , "j , , :! i ',I TELEPHONE , (717) 761.5361 iI , :j FAX 'I (717) 761-1435 i ,1 . .. SAMUEL L. ANDES ATTORNEY AT LAW 526 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVAJ.liIA 17043 TO: All Participants FROM: Samuel L. Andes, Chairman DATE: 20 November 2000 RE: Sowers, Garner, Saylor Architects Engineers, Inc. Vs. Chauffeurs, Teamsters & Helpers Local Union No. 430, Affiliated with the International Brother-Hood of Teamsters, AFL-CIO ii I picked a date for the arbitration hearing which is far enough in the future that I expect no one will have a conflict. If I am wrong about that, whoever has a conflict will have to participate in the process of getting the hearing rescheduled. If you have a conflict, please contact my secretary, Amy Harkins. She will give you some other dates that are available and you can then help call everyone to get the matter rescheduled. Hopefully none of that will be necessary. :'1 )! ;,1 i il fi " . ,-" ~. '- "'0-' c~.,~ ,.'0, 'k'.-.""," ". -,..'c'>" .,..,.,,;'.... ".,-., ""'" """-,i"'"-.-.;.,,,", ,-~ ,-' ,"-,,---. .. ! ~"'> SOWERS, GARNER, SAYLOR ARCHITECTS ENGINEERS, INC., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION NO. 430, :NO. 00 - d6;;),~ AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO, Defendant :CIVIL ACTION - LAW C,utl y~ 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or 800-990-9108 A168519: - ,",-._,~., . j,' 0 - ,",~, ".-''--,,-'.-j . ,,,,-' 0"' " ,,:~ ,\,";' ,/":;;'-,,"', ^,~",i.". :",~, i'-~,,,-,.J;,.-,,; ,"'j},\;;ti1 "<' ", .', ,', ''. SOWERS, GARNER, SAYLOR ARCHITECTS ENGINEERS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION NO. 430, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO, NO. fJ1J. 30:z..2..- Cu;:u. }""" -e....- Defendant CIVIL ACTION - LAW COMPLAINT COUNT I BREACH OF CONTRACT 1. Plaintiff is Sowers, Garner, Saylor Architects Engineers, Inc., (hereinafter "SGS") a Pennsylvania Corporation with its principal place of business at One Tyler Court, Carlisle, Pennsylvania, 17013. 2. The Defendant is Chauffers, Teamsters & Helpers Local union No. 430, Affiliated with the International Brotherhood of Teamsters, AFL-CIO, (hereinafter the "Teamsters" or "Union"), a labor organization within the meaning of Section 2(2) of the National Labor Relations Act, 29 U.S.C. S 152(2), with its principal place of business at 355 South Wheaton Street, York, Pennsylvania 17403. 3. SGS is engaged in the principal business of providing architectural and engineering services. .. - =L _ 00'<>_ :,.- ~ 'j;,; ~ .C_oo ""."__;'" n',,,';: "~_~:_>-i"_' , . ,._C"'N." ~, '__,-.~.>'- _, ' " ,,"<;'0/; ", 4. The Teamsters are the owners of real property with improvements thereon located at 355 South Wheaton Street, York, Pennsylvania, 17403 (the "Premises"). 5. In the spring of 1999, the Teamsters decided to expand the improvements on the Premises to accommodate a Branch for the New Cumberland Federal Credit Union while creating additional storage space for the Union (hereinafter the "Project") . 6. The Teamsters contacted SGS with respect to the provision of architectural and engineering services for the Project. 7. Discussions were held on or about April 9, 1999, between representatives of SGS and the Union. T. Allen Koch attended such meeting on behalf of the Union. 8. The scope of the Project, as well as the specific work to be performed by SGS, was discussed at the April 9, 1999, meeting. 9. A written contract was subsequently executed by and between the parties defining the terms of their agreement on May 13, 1999 (the "Agreement"). A copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 10. The Agreement called for SGS to provide the following specific architectural and engineering services with respect to the Project: (1) civil engineering documents; (2) floor plan; (3) -elevation; (4) building section; (5) door and finish schedule; (6) reflected ceiling plan; (7) performance based mechanical and electrical requirements; (8) Pennsylvania Department of Labor and A168519: , " , '''1;'''' , "_, "'>:i-''':'' ..<,.,..' ", , "",',' " ,~,. ,'" - ",", 'M",;' '''';;;,''::~~I ~.. . . ,., ", Industry submission; (9) invitation and instruction to bidders; and (10) four meetings to clarify project intent. 11. In exchange for the foregoing architectural and engineering services, SGS was to receive a fixed sum of $12,000.00. Any additional services were to be charged at SGS' existing hourly rates. SGS was to receive up to $2,000.00 in additional reimbursable expenses. 12. The Teamsters were required to pay 10% of SGS's fee prior to the commencement of work on the Project in accordance with the Agreement. This payment was in fact made by the Teamsters and SGS commenced work on the Project. 13. SGS timely completed the requisite architectural and engineering services contemplated under the Agreement. The Teamsters, as per the parties Agreement, thereafter selected and invited contractors to bid on the Project. 14. Two contractors willing to perform the requisite construction services (the "Contractors") ultimately bid on the Project. 15. The Teamsters rejected the Contractors bids on grounds that they were excessive and thereafter unilaterally terminated the Project. 16. The Teamsters are now refusing to compensate SGS for the architectural and engineering services performed by it under the Agreement. 17. SGS has performed all services required of it under the terms of the Agreement. A168519: J -",-:"",,,-., "., " " 18. The Teamsters refusal to compensate SGS for the architectural and engineering services performed by it constitutes a breach of the Agreement between the parties. 19. The Agreement called for payment to SGS at its offices located at One Tyler Court, Carlisle, Pennsylvania, 17013. 20. The Teamsters currently owe SGS approximately $9,231.64 under the express terms of the Agreement for architectural and engineering services rendered. A copy of SGS' most recent invoice evidencing the amount in arrears in attached hereto as Exhibit "B." COUNT II UNJUST ENRICHMENT 21. SGS incorporates herein by reference paragraphs 1 through 20 above as if set forth at length. 22. SGS performed architectural and engineering services for the exclusive benefit of the Teamsters, at the Teamsters' request, and in reliance upon the Teamsters' representations that it would pay SGS for such services. 23. SGS has completed all architectural and engineering services requested by the Teamsters. 24. The Teamsters has refused to compensate SGS for the architectural and engineering services performed by it. 25. SGS anticipates that the Teamsters will continue to refuse payment to SGS. A168519: "-.. '~ ._~, ,__, _",0. ,-j . ~'"'.." .-j,<.. -: --,' ';e' .;. '. "';;''',- .;-i- 1 ~.-"'d. V~' .,- ,t" ,'; "A- """"',~,,, ~---,; ''';0 - ~-" :,_' ~ ":<_,,,~,__:", , '>~ .' 26. SGS justifiably relied to its detriment on the Teamsters' representations that it would pay SGS for the requested work on the Project. 27. SGS has conferred a benefit on the Teamsters in the nature of architectural and engineering services for the Project. 28. The Teamsters has utilized the plans prepared by SGS' in soliciting bids from contractors for the Project. 29. SGS has been damaged as a result of the Teamsters' refusal to pay for the requested work on the Project, since it has incurred expenses and performed work that it otherwise would not have done if it had known that the Teamsters had no intention of paying SGS for the work and expenses. 30. The Teamsters has been unjustly enriched in the amount of approximately $9,231.64, which evidences the fair market value of the architectural and engineering services performed by SGS, less the retaining fee previously paid by the Teamsters. A copy of SGS' most recent invoice evidencing the amount in arrears in attached hereto as Exhibit "B". WHEREFORE, Sowers, Garner, Saylor Architects Engineers, Inc. demands judgment in its favor and against the Teamsters Local No. 430 in the amount of $9,231.64, together with interest, and costs of suit. The amount in controversy does not exceed the jurisdictional amount requiring compulsory arbitration in accordance with Local Rule 1301-1. A168519: 'd__' ,',. '-"~~'-]_" "_,', ..). Dated: May 12, 2000 A168519: . ;';'_:"'~""""'" .,;. ',,<," ',":'tl;i;'i".' . ,-.,', '-'''':;''''__'''~; ':" .>,,-,,~-c:~,i;':, ,_',,, ,c,'::' ' . :~>/~.i., 17108-1166 Attorneys for Plaintiff ." j,- ..~ .~. 04/27/00 12:29 April 27, 1999 (Revised May 7, 1999) Mr. T. Allen Koch Teamsters Local No. 430 365 South Wheaton Street York, Pa 17403-2673 (800) 447 -4S1'9 RE: Teamsters Local No. 430-NCFCU Branch York, PA 85G8 99040 Dear AI: '-'" \ "'M 1 7 1999 ~ ,- --'::..- NO. 355 ii03 One Tyler Court CarlISle. FA 1701;\ 7171249-4569 Pox: 7171249.0284 Emoli: ssgslipon..t 55G5 Architectural Associates, Inc. is pleased to submit this proposal to provide professional architectural and engineering services for the proposed 1200-1500 S.F. addition to your facility in York as per your recent request. This addition will house a Branch for the New Cumberland Federal Credlt Union and storage for the Union Local. - SCOPE OF SERVICES Our proposal is based upon our understanding ofthe requirements for the project. These requirements were defined at our meeting, wIth J!II Smith of the NCFCU, on Friday, April 9, 1999 in your office and subsequent telephone conversations. 55GS will provide documents and services as described below to enable your project to be completed: . Civil engineering documents required for Land Development submission and approval. . !"Ioor plan . Elevation . Building Section . Door and finish schedule . Reflected ceiling plan . Performance based Mechanical and Electrical requirements . Pa Department of Labor and Industry submission . Invitation and instrvclion to bidders . (4) four meetings te clarify project intent LEROV R. sC;otOLL JR.. AlA - DENNIS F. SOWERS, AlA . BRUCE E. GARNER - LARRY E. SAYLOR AlA j""'- ':"'I,il..~~ ., -". ;~ '="f, .,~. I. 04/27/00 12:30 NO. 356 Gl04 Teamsters Local No. 430 (Revised May 7,1999) Page 2 !"ROJECT SCHEDULE I he following is the prOject SChedule: Kickoff/DesiSI'l Meeting Finish Selection Final Document Review Drawings Out to Did Prebid Meeting at Site Bids due . Award Contract Start Construction COrTIplete Construction Friday, May 7,1999 at 8;00 A.M. Week of May 17, 1999 Week of June 7, 1999 Thursday, June 17, 1999 Tuesday, June 22,1999 Tnursday, July 1, 1999 Friday, July 16, 1999 Monday, August 2,1999 Friday. Oct~ber 29, 1999 This schedule does not include. tho Land Development $ubmissiol'l process. This process takes approximately 90 to 120 days and is dictated by the Township, Our Civil Engineer will begin the submiSsion .process with the retum of this contram to our office, FEES SSGS proposes to provide professional architectural and engineering services for the fixed sum of Twelve Thoueand Dollars ($12,OOO.OO). If additional services beyond the agreed upon Scope are requested, our current hourly rates apply. ReimburSllble expenses shall be billed in addition to this fee and shall include reproducing drawings,specifications, and other documents, postllge. travel, mileage, long distllnce and facsimile communications,and regulatory agencies fees, Reimbursable expenses will limited to a maximum allowance of$2,000.00 above the fixed sum of $12.000.00, PAYMENT SCHEDULE Work will commence on your project when a retaining fee of 10% of thecontram amount, One Thousand Two Hundred Doliars ($1200,00), is .received in our office. The relalnage will be applied to the final invoi:e. Invoi~s will be submitted monthly based upon the percentage of the project completed during the preceding month, Invoices shall be paid within thirty (30) days of date of invoice. If payment is not received within thirty (30) days, professional s;:rviceswill cl!lase until the 3CXlount is brought to date, You will find lln information request form withthis document, please return with contract and retainage We are pleased to halle the opportunity to work with you and are eager to demonstrate our capabilities. We are prepared to accompliSh the assigned tasks to your complete satisfaction, !"leGse coli 3fter your review of the proposal with any questions and comments, ltl"'l' ~ - . , ~- - ""1,: E:'. 04/27/00 ': I '.. 12:30 HO.355 Gl05 Tl:l;;JIIsh"rs Locad No. 430 (Revised May 7,1999) Page 3 Thank you fur llle opportunity to be of service. Sincerely , 7~ Thomas A. Ludwig 5l:lniul Project Manager This signed docume;ll shail act as our contract fOi this project Please sign and return one copy. t"f; lilt j(,.,L_ OWner's Representative o&rJ{Qr ale ,=" . , ~~~I "' E!;' 04/27/00 ':~.', '.1' 12:31 , '- "- , . " rw;. NO. 356 [;106 Client Invoicing Information In order to expedite the invoioine prooess between aeeountine l:iepllrtml!nts, plea&e complete this form and retum a copy of it along with the signed contract and a retainage check to: SSGS Architectural Assot:iates, Inc, Accounting Department One Tyler Court Carlisle, F'A 17013 If you haveiilny questiens, please call (717)249-4569 . ElCt. 265. -1~~~ Thank you, . MiChelle Ewing Name of Your Company: /&:..,."., ~.,..t;"':>-, / "nU 1).1",. J +i:;;;() Billing Address: i"'Ro .s'>LTHAvE.JJ~ City/StalelZip: YIJ,(l, I< ,0;1- 1'71/<>4 Contact: T. Allen Koch Person to Direct Invoices to: ""7: IhUJ:Ll '/:1)rul Phone Number: .. . .__'.JI.!J:.-fI/3.f('i1! Fax Number: 1'7- Bsl/.(Jd. ju. Your Proiect Information (if applicable) Name of Project: Additions to Teamsters Local No. 430 Stre&tAddress: Rei ~ IA~..........~ ~t-~et I?b $;~~ .tLr- CitylStatelZip: York, PA 17403-2673 Your Job # (ifappliCllble): Your Purchase Order # (if applicable): Name of Company: Payment Address: City/State/Zip: Project Manager: Invoice Contact Phone Number: Fax Number: ProieCllnformation Name of Projl!ct Street Address: City/SlelelZip: Project #: (Pavee) SSGS Architectural Associates. Inc. Onll Tvler Court Carlisle. P,A 17013 Michelle Ewino (7171249-4569 (/171249.0284 Addition to Teamsters Local No. 430 3SS SatJlIi Wllealell ~/rf)fIt I'1R6 .51...7.... AII;;.Joe York, PA 17403.2673 99040 " .. 04/27/00 ~ 1..... 12:29 NO. 356 [;102 Teamsters Prllject Number 99040 Accounts Receivable Summary As of April 27, 2000 InyoiCO Inyoloc Involco Amount Number Date Amount Paid 8458 06129/99 $ 6,255.00 $ 6523 06126199 2,503.50 6570 09123199 473.14 Total $ 9,231.64 $ "c;~"';';;"'''liiiii(.U','':,'.'n .~,v".>"."~",,,.,.,.,. "".W,'",'.'.,.,,, :~:~f[;!~1:~~(J<_{~i,;:t:;~::;!:;:;!~:~.~f.~ii f'~;:~',';:j!1'1.;;!III;l: j2XiJ:<s\,:\2:iiT.fJ4i; ~i~;i\;Gi~::i:~~m1}~i1:'~1:;')~I.;l" ail j" 1"., '''.-~ '~-~'- :,~,'--", "~'-,... ,..,"-.'- , . , "'--..'-'~'" ;'.' ,"1 '-1 VERIFICATION I, Bruce E. Garner, Managing Principal, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authori- ties. ~fA~ Bruce E. Garner Dated: May 5' , 2000 ~-'-<'~,' ,",-,,-.' .-*~, " '~ -~,. . . ,~, ~. ~" ....... " iJliL" iii - , - ,-, ,: ,.,,~'"" -, .." ~,.,"' ... .'.. , .~".! . ,..iLl '" , ", "XJ ~ -€g, () 0 0 (:J.. 7( ~ ~~ C) -1'1 .c ~IT~ :;l: --I ;;'~'"" Crt C) -< ?~f1 3 L_r-- "r- ...() ~ D vt ~~~ <..fl :g198 lI) (') L c> C> !:.:.:o " ::::J~J CPr ~ , 2'~ C~ :71:: .), -H V) , '?'-r'''' \P"5 'ft ~ f2 r >c: r..:: .....'r<1 -7 ~ 7- =< 1" ~ '0 t '---<, ., ~:'. ,,' :j~ "Jl!. :;:-{Cl;!"t', .t'.'"' ..... .." "~~.~~."." ~'" ~;!'t,.;.'..~':' ._4.." .~,., .' ': -., , L <, > , .I , ~- .~ , SHERIFF'S RETURN - OUT OF COUNTY ~. Cl\SE NO: 2000-03022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOWERS GARNER SAYLOR ARCHITECT VS CHAUFFEURS TEAMSTERS & HELPERS R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CHAUFFERS TEAMSTERS & HELPERS LOCAL UNION NO. 430 but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE 1st , 2000 , this office was in receipt of the On June attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge DEP. YORK CO 18.00 9.00 10.00 21.95 .00 58.95 06/01/2000 MCNEES, WALLACE ~ R: Thomas Kline Sheriff of Cumberland County & NURICK Sworn and subscribed to before me this 7 t!::- day of C)u. , J..nro A.D. (/ f1 ~. ~prothonotar~ . . ....._" COUNTY-OF YOAK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 3. DEFENDANT/Sf Chauffeurs, Teamsters & Hel ers Local Union, No_ 30 SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. . Chauffeurs, Teamsters & Helpers Local Union No. 430 G. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORD, TWP., STATE AND ZIP CODE AT It)t) ~nl1+-h Whprltnn ~t-, Ynrk- pn, 17L1.n~ 7. INDICATE SERVICE: ::J PERSONAL 0 PERSON IN CHARGE iXOEPUTlZE Cu:m:tEelt1'Jlal.nd 0 1ST CLASS MAil NOW ~ 11 Ii 100 19 _I, SHERIFF OF OOEI[QC~~ ;~y de York COUNTY to exec s et to law. This deputation being made at the request and risk of the plaintiff. HERIFF 0 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 2. COURT NUMBER 4. TYPE OF WRIT OA COMPLAINT SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/SI Notice & Complaint QPOSTED 0 OTHER e sheriff of . t*cording OUT OF COUNTY CUMBERLAND ADVANCE FEE PAID BY CUMBERI.J\ND COUNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION; N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, Of removal of any property before sheriff's sale thereof, 9. TYeE NAME AND ADDRESS pf ATTORNEY/ORIGINATOR and SIGNATURE 'rnorras G_ Col11ns, Esq. 100 Pine St., PO Box 1166, Harrisbur PA 17108-1166 7 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 10. TELEPHONE NUMBER 11. DATE FILED 5/15/00 Cumberland County Sheriff SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. Expiration/Hearing Date 13.1 acknowledge receipt of the writ or complaint as indicated above. RESIDENCE ( ) J. Ludwig POSTED ( POE{ ) 5/17/00 SHERIFF'S OFF ( ) OTHER ( ) 6/14/00 SEE REMARKS 22. REMARKS: )(G--vct/ fJ1" ~~t::l ~ L> L ...-.~ ~ ',;.,-. 44. Signature of D . Sheriff 00 45_Signature of Y; County Sheriff William M. Hose ~0I;/~.. 5/30/00 43. .~ ,- 46. Signature of Foreign MY COM ISSION EXPIRES Coun Sheriff 50.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE -Issuing Authority 2. PINK -Attorney 3. CANARY - Sheriff's Office 4. BLUE ~ Sheriff's Office 49. Date 51. Date Received >>~;- -'0'''-, "'l~i!Al"'-~ "R OFFIC/CCIVED" OF SH YORio' p ERIFF '0 II. ~ o f!Hy 1 7 PfJ 12 S3 , .-:. . " "';r ",.__ JB"" \J!OO1Y~l?!IlI,~~~~t!-~~~j~f@1($;U_~~~,I9'~~\'iM~f'.'!igR~1~""n;,,-,p'+>1''f'jH1!~~~'~f1lfW>~fi~f~~~_Miiil ~~ ""',. COUNT'\<, BFYdRK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARRET ST, YORK, PA 17401 '~..J_ . SHERIFF SERVICE , .. , t o,PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. J.. 1... PLAINJIFF1_ 1 2. COURT NUMBER : J 4. TYPE OF WRIT OR COMPLAINT -. - ---- .- 3.DEFENDANTISI Not ice & _Complain t Chauffeurs, Tec\rnster_!?: _~__,H~l'Y~r~-,L().c;aJ UD-.i?r._c! . No., 4~O _ __ ___ 5. NAME OF INDIVIDUAL, COMPANY, Co PORATlON, ETC. T S~RVe:: OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, -OR SOLD. Chauffeurs, Teamsters & He2oerS- Local Union No. 430 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY, BOR.o, TWP..-STATE AND ZIP CODE ,. , "v SERVE . AT ~~~ S 1 4 7,INDlCATESERVICE: o PERSONAL o PERSON IN CHARGE MOEPUTlZE ,t._~\,.:Clcarr:MA1D,j o l$T_CLASS MAIL o POSTED o OTHER NOW C'l n fO019 _I, SHERIFF OF Y"ORK'COUNTY, PI>., do hereby deputize the st",r";!fof York . ',.:.COONTY to execute this Writ and make return thereof according to law. Th~s deputatio~ being, ma~? att~e r~'l.ues.ta~~,r,isk~o",f !~! p~.a~!1ti~._.. " '.' ~ _ . -1' -KHERlfF' ~F _~~~'<~~UNTY 8. SPEC!AL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITIN3 $ERvtCE: . . - ":, .C urn-be r J.a nrd ~. ........--; OUT Of' OOUNl'Y COHBE:RLl\ND AD\TA!'lCE FEE PAID 8Y CUMBESIRND (X)UN'J'Y SHERiFF ., .. NOTE ONLY'APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sherifllevying upon or attaching any property under within writ may leave same withouts'-watchman, In custody of whomever is 10_uod in possession, after notifying person of levy or attachment. without liability on the part of such deputy or the sherifllo any plaintiff hereiD for any loss, destruction, br removal of any p~per!Y beforE!_ 5~!,riff'~ s~le th~rel?f. ' 9. rq:~A'lf..AD~I\S~70~~~OA~GINA:rQ~andS!G.NA~~RE .. :-~" ./~_ ___. HtTELEPHONE NUMBER 11. DATE FILED .100 Pine St., PO Box 1166 isb - PA 17fo _ . . 5/15/00 12.SEND NO--nCE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is tl) be mailed). . . .r.~' ." ,I ~ land Courity Sheriff . _ ' ,c .,iSPACEBELOW FOR USE OF tHE SHEI'!IFF ONLY - DO NOT WRITE BELOW THIS L NE SIGNAiURE OF A THO IZEO CLERK 14. Date Received 15. Expiration/Hearing Date --} , J. Ludwi RESIDENCE ( I POSTED ( --. POEt 5/1.7/00 SHERIFF'S Off ( ) 6/14/00 OTHER ( ) SEE: REMARKS Int. 22, REMARKS: /(G-vr'/ /11.. &.A-K/~~ l ;1. ~ '." \- ._- ....'"- v '.f' 23, Advance Costs 40. Cost Due -o"r Refund . 41.AFFIRMED.fl;1~"~~,j~e~iJ~f8~:.~r-thjs' 30-Eh' 44.Signl11ure?f . 42. day of -1. Ma -, -.., 1i. 200( 45.Signalureof.v0t1f :':- ~ "':7-- , _ County Shenff . 43, /if A Wd liam M. Hr:>se ot~ p I~ 46. Signature of areign MY I . 1:- ~ Coun Sheriff 50./ ACKNO _ _' ._DG' R"EqE{I)" OF THE_SHERIFPS RETURN SIGNAruRE :':-:.- ~- ':.'. OF AUTHORIZED ISSUIN"G AUTHORI1Y AND TITLE . , 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE. Sheriff's Office -,' - "" ~~/_;/"id/';,;iFl f c,__ ~?-!,_' rt.1.._ J r ~~ 5/30/00 49. Date --'"""'- 51. Date Received ,~,,'~~-:-C-~~..7---'-_ .-~ ." -,-, '" \ Sowers, Garner, Saylor Architects Engineers, Inc., Plaintiff v. Chauffeurs, Teamsters & Helpers Local Union No. 430, Affiliated with The International Brotherhood of Teamsters, AFL-CIO, Defendant ; I ""-'.i';;;"~i.",,[l..;i,,,__,,,L'. '.;- '-',-,- ',,," ,', ">:;,~i, - ~ .,'~-".', -: , ~'-"Cv,-<,_ __ ",-",;" .,;",,;';-c_';::-:, , -- -. ;:;"'...,~ : In the Court of Common Pleas Cumberland County, Pennsylvania No. 00 - 3022 Civil Civil Action - Law WITHDRAW AL/ENTRY OF APPEARANCE To the Prothonotary: Please withdraw the appearance of Thomas G. CoIlins, Esquire on behalf of Plaintiff Sowers, Gamer, Saylor Architects Engineers, Inc., formerly with the law firm of McNees, Wallace and Nurick with a mailing address of 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166 and enter the appearance of Thomas G. CoIlins, Esquire on behalf of Plaintiff Sowers, Garner, Saylor Architects Engineers, Inc., who is now with the law firm of Buchanan Ingersoll, Professional Corporation, whose address is One South Market Square, 213 Market Street, 3rd Floor, Harrisburg, P A 17101 in the abo captioned action. Date: August 3, 2000 By: omas G. Collins, EsqUIre I.D. #75896 One South Market Square 213 Market Street, 3rdFloor Harrisburg, P A 171 0 1 (717) 237-4800 ,_" '- "C' ..' ___.-,1..",.,0. " '" -~~-, 0) ';.'., '" ~ = " ~ , '" , ,.,'=; ,- '.' ,. -,'~ .~ " "";;~ ,.... 'l CERTIFICATE OF SERVICE I certify that I am today serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Federal Rules of Civil Procedure. Date: August 3, 2000 ..J j" , ,,,~: '''~, .I,:, '~...... "OIliiIllil'''''''''' '"' 0 0 0 c 0 ""1"1 :? ~ ,--< "'- -OW G") ~.1i ;I1 mtn Z::D I :'2\$ &is;: .j:;', ::':lQ -<L:.. ~Ci -0 :1:::~'4 ~o :x 9(~ 5>2 - 5rn o' s;' Z => =< :0 ...J -< { i '" -,-. ,~. . "I' """, 'N~ ~d' :""":"",.,,,,;-,cW ",'<0; "--",.'. o.'-'''__~d>_,' J-'_'> . .'-';'_".,,,,c-' .-,.,'",," SOWERS, GARNER, SAYLOR ARCIDTECTS ENGINEERS, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW v. CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION NO. 430, AFFILIATED WITH THE INTERNATIONAL BROTHER- HOOD OF TEAMSTERS, AFL-CIO, No. 00-3022 Civil Defendant. PLAINTIFFS' REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM OF DEFENDANT Plaintiff, Sowers, Gamer, Saylor Architects Engineers, Inc. ("SGS"), by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby files an Answer to the New Matter and Counterclaim filed by Chauffeurs, Teamsters & Helpers Local Union No. 430, Affiliated With The International Brotherhood of Teamsters, AFL-CIO (the "Teamsters") as follows: ANSWER TO NEW MATTER 31. Denied. By way of further response, it is denied that any specific "budget" for the project was discussed. It is further specifically denied that any condition precedent - relating to any alleged "budget", the use of "union contractors", or otherwise - was placed on the Teamster's obligation to compensate SGS for the services rendered. 32. Admitted in part and denied in part. It is admitted that the Teamsters paid the initial fee to SGS to commence work on the project. The remaining averments are specifically denied. By way of further response, SGS's response in Paragraph 31 above is incorporated herein by reference. . ~-~ "..'n,o'" _0:,'. , . -_~.~'>.^ ,,,,,_n ,-.., '~~--"O,'; ,,~"~, _ ~ ,'_; '~e_"'-'- ~ .' '.0, , .' 0_ ''0 ,,:/ ;;,~- '; ,,--- ".' - ,.~..".,. 33. Denied. By way of further response, SGS's response in Paragraph 31 above is incorporated herein by reference. 34. Denied. By way of further response, there was no "agreed upon budget." 35. Denied. By way of further response, there was no "agreed upon budget." 36. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. 37. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. SGS further incorporates by reference its response in Paragraph 31 above. 38. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. 39. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. 40. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. 41. The averments of this Paragraph constitute conclusions of law requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. 42. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. 43. The averments ofthis Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. 2 " .~, ~-,~ ,--. -- . -",.. ,,'-- ~"-,' ""-".',;1 ":;<~'-: <'-""-",'$"",' ,<..,;';.--~" .. ,"~.-"' - .. ,) .j", 44. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. SGS further incorporates by reference its response in Paragraph 31 above. ANSWER TO COUNTERCLAIM 45. No response required. 46. Denied. By way of further response, SGS incorporates by reference its response in Paragraph 31 above. 47. Denied. By way of further response, SGS incorporates by reference its response in Paragraph 31 above. 48. Denied. By way of further response, SGS incorporates by reference its response in Paragraph 31 above. 49. Denied. By way of further response, SGS incorporates by reference its response in Paragraph 3 I above. 50. Denied. By way of further response, SGS incorporates by reference its response in Paragraph 31 above. 51. Admitted. 52. Denied. By way of further response, SGS incorporates by reference its response in Paragraph 31 above. 53. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. SGS further incorporates by reference its response in Paragraph 31 above. 3 I'--',~-- > " >>>>--" is' > > ~.,~~~'c, , '''''''''''';-'''-'.' > _,'C=, -';.,- " , , '".J;,j~ c_~",,_' ':; 54. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. SGS further incorporates by reference its response in Paragraph 31 above. 55. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. SGS further incorporates by reference its response in Paragraph 31 above. 56. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. SGS further incorporates by reference its response in Paragraph 31 above. 57. Denied" COUNT I FRAUDULENT MISREPRESENTATION 58. No response required. 59. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. SGS further incorporates by reference its response in Paragraph 31 above. 60. Admitted. COUNT II UNJUST ENRICHMENT 61. No response required" 62. The averments of this Paragraph constitute conclusions of law requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. SGS further incorporates by reference its response in Paragraph 31 above. 4 ,~ ~~-",,,,_:,-,",, ""~ ,-'-;~, -..eM,,,-,, ;.-"','",-,.,_ '-',,; -'-,C,,",' , ''''O.~,;",h'';;C'';--C;-' '''''oK 63. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. 64. The averments of this Paragraph constitute conclusions oflaw requiring no responsive pleading. To the extent an answer is deemed required, the averments are denied. 65. Admitted. WHEREFORE, Sowers, Garner, Saylor Architects Engineers, Inc. demands judgment in its favor and against the Teamsters Local No. 430 in the amount of $9,231.64, together with interest, and costs of suit. The amount in controversy does not exceed the jurisdictional amount requiring compulsory arbitration in accordance with Lo ule 1301-1. Thomas G. Collins Attorney ID. #75896 One South Market Square 213 Market Street, Third Floor Harrisburg, PA 17101 (717) 237-4800 DATE: August 8, 2000 5 - ',-' -, .. .- ,~';' . "-'-' ',,,,,;:-,,,,,,:' VERIFICATION I, Bruce E. Garner, Managing Principal, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.e.S. S 4904, relating to unsworn falsification to authorities. ~!,~ Bruce E. Gamer Dated: R.7. (JO 6 .-- -- -",," ,,'-' ,~"--,,,,." c-,' ."",".. .'-" .-,..."" <"oi.,j'M"~'-;O::,l" ~Y-''''''f,'''--'-''' ';'''- " "~',\', CERTIFICATE OF SERVICE I, Thomas G. Collins, Esquire, am hereby certifying that this 8th day of August, 2000, I have served a copy of Plain tift's Reply to New Matter and Answer to Defendant's Counterclaim by United States mail, first class, postage prepaid upon the following: Ira H. Weinstock, P.C. 800 North Second Str Harrisburg, P A 17 2 By: 7 -~'''~" - :/" ~ , , "'" ~" ~" ,-=- .-""-...:.... ."", ~ " -I~_', -""-7-" ,< ~, " ("") a ("") C Cl .1'1 s: ". "(.fJ C-) ':1 n"ln'l r- 7~, ~.~ =Of' , 0s,;1:~ U) ..:./-.,. r~::: ;-""1 ~ ;<'~ )>C} -.;,.,.. ~c, N :t>c ..-\ :z :en :J;" ::;! (TI ~ -,.< ~ ~=-, ,ri'" -." u, '-" ,-. --" , ,-,,'^ ","':'J , SOWERS, GARNER, SAYLOR ARCHITECTS ENGINEERS, INe., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. Plaintiff, vs. : No. 00 - 3022 Civil CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION NO. 430, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO, Defendant. : CIVIL ACTION - LAW NOTICE TO PLEAD TO THE WITHIN NAMED PARTIES: You are hereby notified to file a written response to the within New Matter and Counterclaim within twenty (20) days of service hereof, or judgment may be entered against you. IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, P A 171 02 Phone: 717-238-1657 f\ -f;r:d., By: ~(]...l+. LlJJ .tNl.-:J ""- IRA H. WEINSTOCK Dated: 06/28/00 - . ~ <" 'L'" '_.""~ . . -. '.:;....!.;;j SOWERS, GARNER, SAYLOR ARCHITECTS ENGINEERS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. CHAUFFEURS, TEAMSTERS, & HELPERS NO. 00 - 3022 Civil LOCAL UNION NO. 430, AFFILIATED WITH THE INTERNATIONAL BROTHER- HOOD OF TEAMSTERS, AFL-CIO, Defendant: CIVIL ACTION - LAW ANSWER TO COMPLAINT, NEW MATTER, AND COUNTERCLAIM COUNT I BREACH OF CONTRACT 1. Defendant admits thatPlaintiffis Sowers, Gamer, Saylor Architects Engineers, Inc., (SGS) a Pennsylvania Corporation with its principal place of business at One Tyler Court, Carlisle, Pennsylvania, 17013. 2. Admitted in part, denied in part. The Defendant admits that Defendant is Chauffeurs, Teamsters & Helpers Local Union No. 430, affiliated with the International Brotherhood of Teamsters, AFL-CIO, and is a labor organization within the meaning of Section 2(2) of the National Labor Relations Act, 29 U.S.C. 9 152(2), and denies that its principal place of business at 355 South Wheaton Street, York, Pennsylvania 174m. Defendant's principal place of business is 1780 Sixth Avenue, York, Pennsylvania, 17403. 3. Defendant admits that to the best of its information and belief, SGS is engaged in the principal business of providing architectural and engineering services. .-,' .', ~ , "- . '.',-'-- '-.,- "., -, '~_',i 4. Denied as stated. Defendant admits that the Teamsters are the owners of real property with improvements thereon which had previously been located at the address 355 South Wheaton Street, York, Pennsylvania, 17403, however the Township has changed the address at which this property is located to 1780 Sixth Avenue, York, Pennsylvania, 17403. 5. Defendant admits that in the spring of 1999, the Teamsters wanted to expand the improvements on the premises to accommodate a Branch for the New Cumberland Federal Credit Union while creating additional storage space for the Union. 6. Defendant denies that the Teamsters contacted SGS with respect to the provision of architectural and engineering services for the Project, SGS contacted Teamsters with respect to the provision of architectural and engineering services. 7. Defendant admits that discussions were held on or about April 9, 1999, between representatives of SGS and the Union, and that T. Allen Koch attended such meeting on behalf of the Union. 8. Defendant admits that the scope of the Project, as well as the specific work to be performed by SGS, was discussed at the April 9, 1999, meeting. 9. Defendant admits that a written contract was subsequently executed by and between the parties defining the terms of their agreement, that the agreement was executed on or about May 13, 1999, but denies that the agreement constituted the entire agreement of the parties. 10. Defendant admits that the Agreement called for SGS to provide the following specific architectural and engineering services with respect to the Project: (1) civil engineering documents; (2) floor plan; (3) elevation; (4) building section; (5) door and finish schedule; -2- " ,-,.. ,-- --"","c_' - '" ~' --' I ~ (6) reflected ceiling plan; (7) performance based mechanical and electrical requirements; (8) Pennsylvania Department of Labor and Industry submission; (9) invitation and instruction to bidders, and (10) four meetings to clarify project intent, but denies that this constitutes the entire agreement and understanding of the parties. 11. Defendant denies that in exchange for the foregoing architectural and engineering services, SGS was to receive a fixed sum of$12,000.00, deny that any additional services were to be charged at SGS 's existing hourly rates, and deny that SGS was to receive up to $2,000.00 in additional reimbursable expenses. 12. Defendant admits that the Teamsters were agreed to pay 10% of SGS's fee prior to the commencement of work on the Project in accordance with the Agreement, admit that this payment was in fact made by the.Teamsters and admit that SGS commenced work on. the Proj ect. 13. Defendant denies that SGS timely completed the requisite architectural and engineering services contemplated under the Agreement. The Defendants admit that the Teamsters had invited contractors to bid on the Project. 14. Defendant admits that two contractors willing to perform the requisite construction services ultimately bid on the Project. 15. Defendant denies that the Teamsters rejected the Contractors bids on grounds that they were excessive and thereafter unilaterally terminated the Project. 16. Defendant denies that the Teamsters are now refusing to compensate SGS for the architectural and engineering services performed by it under the Agreement, and deny that -3- 'J,', - ','~'-,-'- -". ",-. - .'."-o-,l U'lh , SGS is entitled to payment. 17. Defendant denies that SGS has performed all services required of it under the terms of the agreement. 18. The Defendant denies that the Teamsters refusal to compensate SGS for the architectural and engineering services performed by it constitutes a breach of the Agreement between the parties. 19. The Defendant admits that Agreement, called for payment to SGS at its offices located at One Tyler Court, Carlisle, Pennsylvania, 17013. 20. The Defendant denies that the Teamsters currently owe SGS approximately $9,231.64 under the express terms of the Agreement for architectural and engineering services rendered. COUNT II UNJUST ENRICHMENT 21. The Defendant incorporates herein by reference paragraphs I through 20 above as if set forth at length. 22. The Defendant denies that SGS performed architectural and engineering services for the exclusive benefit of the Teamsters, at the Teamsters' request, and in reliance upon-the Teamsters' representations that it would pay SGS for such services. 23. The Defendant denies that SGS has completed all architectural and engineering services requested by the Teamsters. 24. The Defendant denies that the Teamsters has refused, to compensate SGS for the architectural and engineering services performed by it, and denies that SGS in entitled to -4- , , - . , -~ ^ ,.,~" .-'.' , , -, '--'<'^ ":'l'! , payment. 25. The Defendant is without information sufficient to form a belief as to whether SGS anticipates that the Teamsters will continue to refuse payment to SGS, and such allegation is therefore denied. 26. The Defendant denies that SGS justifiably relied to its detriment on the Teamsters' representations that it would pay SGS for the requested work on the Project, and denies that SGS met the terms ofthe parties' agreement and understanding, therefore, SGS had no basis to expect payment at this time. 27. The Defendant denies that SGS has conferred a benefit on the Teamsters in the nature of architectural and engineering services for the Project, in that because SGS failed to meet the requirements it represented that it could and would meet, Teamsters have not received or realized any benefit from the services that SGS did perform. 28. Defendant admits that the Teamsters utilized the plans prepared by SGS in soliciting bids from contractors for the Project, but deny that this constitutes a benefit to the Teamsters when SGS was unable to deliver services that met the requirements and budget to which the parties agreed. 29. Defendant denies that SGS has been damaged as a result of the Teamsters' refusal to pay for the requested work on the Project, since it has incurred expenses and performed work that it otherwise would not have done if it had known that the Teamsters had no intention of paying SGS for the work and expenses, and deny the allegation that it had not intention of paying SGS for work and expenses. SGS did not deliver a work product that met the requirements -5- " . "4" ,,___~-, ,~, '''--' _" '-.' " '- .-"- '--'--, established by the parties despite SGS's assurance that it could and would do so. 30. Defendant denies that the Teamsters has been unjustly enriched in the amount of approximately $9,231.64, and denies that this amount evidences the fair market value of the architectural and engineering services performed by SGS, less the retaining fee previously paid by the Teamsters. NEW MATTER 31. Plaintiff assured the Teamsters, prior to undertaking the project, that it could deliver the necessary plans and documents which would result in bids from contractors that fell within the $80,000.00 to $85,000.00 budget, which Teamsters informed SGS was the maximum amount available for the project, plus the use of Union contractors which Teamsters informed SGS was a vital requirement for the project. 32. Teamsters paid SGS the 10% fee to begin the project based upon SGS's assurances thattheir product, when submitted to bidders with an invitation to bid would result in bids, from Union contractors, which fell within the $80,000.00 to $85,000.00 budget for the project. 33. SGS was aware that the $80,000 to $85,000.00 was a fixed budget amount and that SGS's assurance that they could deliver a product which would result in bids from Union contractors within that amount was the only reason that SGS was accepted to work on the project and was told to begin work on the project. 34. The product that SGS delivered to Teamsters did not result in bids within the agreed-upon budget. 35. The product that SGS delivered to Teamsters resulted in bids which exceeded $160,000.00 -6- ,. . " '. '- - ~" .~ -.,,,-.- ,- .c.,,,~_ ',," " hi . which was at least double the budget which SGS knew was the maximum amount available for the proj ect. 36. SGS misrepresented the product it would provide to Defendant, and knew, or should have known, that it could not deliver a product which met Defendants requirements. 37. Plaintiff failed to perform all conditions precedent which would entitle Plaintiff to payment in that Plaintiff assured Defendants that they could and would produce a product which would result in bids within the budget specified by Teamsters, and could and would produce Union contractors who would submit bids within the stated budget. 38. Plaintiff has failed to state a claim upon which relief can be granted. 39. Plaintiffs claims are barred by the doctrine of accord and satisfaction. 40. Plaintiffs claims are barred by failure of consideration. 41. Plaintiffs claims are barred by impossibility of performance . 42. Plaintiffs claims are barred by the applicable statute oflimitations. 43. Defendant was justified in failing to pay Plaintiff. 44. Plaintiff s actions were fraudulent, in that Plaintiff knew or should have known that it could not produce a product that would result in bids from Union contractors within the specified budget, deliberately and intentionally misrepresented the fact that it could produce such a product, which was a material fact, intending that Defendant would rely, to its detriment, on Plaintiffs misrepresentations, and knowing that Defendant would rely upon its misrepresentations, to Defendant's detriment. -7~ '_ _ ", -/ ~"o'_ ~ ---, -:;', COUNTERCLAIM 45. The preceding Paragraphs of this Answer and New Matter are hereby incorporated by reference as if fully set forth herein. 46. Teamsters informed SGS, from the first contact with SGS, that Teamsters could not spend more that $80,000.00 to $85,000.00 on the contemplated project, and that it was of utmost importance to use Union contractors on the project. 47. SGS assured Teamsters that it would produce a product that would result in bids within the specified budget and that SGS could deliver Union contractors to construct the project at the specified price. 48. In reliance upon SGS's representations that it could produce a product that would result in bids within the specified budget, from Union contractors, Teamsters agreed to have SGS perform the work, and paid SGS the 10% up-front fee. 49. SGS knew, or should have known that it could not produce a product which would result in bids from Union contractors within the specified budget. 50. SGS knew that meeting the specified budget, with Union contractors was material to the agreement to allow SGS to do the work, and that ifthe Teamsters did not received bids from Union contractors within the specified budget, the project could not go forward. 5!. The product that SGS delivered to Teamsters resulted in bids of from $160,000.00 to over $180,000.00 and no Union contractors submitted bids on the project. 52. SGS demanded at took the 10% up-front fee from Teamsters when it knew or should have known that it could not deliver a product within the specified paramaters, and that therefore, -8- - .~ '''' ._';"""." "-'_;;"'"d_ -.; "d_ ~ --< . ,,'~ '';i["i the project could not go forward. 53. SGS misrepresented its abilities to Teamsters, and that misrepresentation was material to the Teamsters' decision to pay SGS the up-front fee and allow SGS to proceed with the project. 54. SGS knew, or should have known that its misrepresentation was material to the Teamsters' decision to proceed with the project and to pay SGS the demanded up-front fee. 55. SGS knew or should have known that Teamsters would rely, to its detriment, upon SGS's material misrepresentations, and intended to induce Teamsters to rely upon its representations. 56. Teamsters reliance upon SGS's representations was reasonable. 57. Teamsters suffered damages as a result ofSGS's actions. COUNT I FRAUDULENT MISREPRESENTATION 58. The preceding Paragraphs of this Answer, New Matter, and Counterclaim are hereby incorporated by reference, as if fully set forth herein. 59. SGS's actions constitute fraudulent misrepresentation, as a result of which Teamsters has incurred substantial damages. 60. The damages in question do not exceed the jurisdictional amount requiring mandatory arbitration of Teamsters' claims. COUNT II UNJUST ENRICHMENT 61. The preceding Paragraphs of this Answer, New Matter, and Counterclaim are hereby -9- , ' "- '^ "-~ ,'~, - incorporated by reference as if fully set forth herein. 62. As a result ofSGS's representations, Teamsters conferred a benefit upon SGS, when SGS knew or should have know that it could not meet the requirements set forth by Teamsters. 63. Teamsters suffered damages as a result of SGS' s actions and misrepresentations. 64. It would be inequitable to allow SGS to retain the benefit and reap a reward from their deliberate misrepresentations to the Teamsters. 65. The amount of damages suffered by Teamsters does not exceed the jurisdictional amount requiring mandatory arbitration of Teamsters' claims. WHEREFORE, Defendant Teamsters Local 430 respectfully requests that this Honorable Court enter judgment in its favor and against SGS and award Teamsters damages, attorney's fees, interest, and the costs of suit. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, P A 17102 Phone 717-238-1657 By: ~ H. LAJ~ fc:x.f2 IRA H. WEINSTOCK -10- .' -. -"'.- " '~ ,~- " "_'_L.... , -."'~" JUN-19-00 MON 1:28 PM IRA H WEINSTOCK P C FAX no. 717238669L P. 2 . COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) I, Kevin Cicak, President of Teamsters Local Union No. 430, verify that the swtements made in the attached ANSWER TO COMPLAINT, NEW MA'J'T&R AND COUNTERCLAIM are true and correct. I understand that false statement~ herein arl) made subject to the pcnalties set fortll in 18 Pa.C.S, ~4904 relating to un.sworn falsification to aurllorities. DATED:4::..,:t<?!._~ ~~.C-~__.~._ KEVIN CICAK ~~J,j , . CERTIFICATE OF SERVICE AND NOW, this 28th day of June, 2000, I, Ira H. Weinstock, Esquire, attorney for Defendant, Teamsters Local Union No. 430, hereby certify that I served the within ANSWER TO COMPLAINT, NEW MATTER AND COUNTERCLAIM this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Thomas G. Collins, Esquire McNEES, WALLACE & NURICK 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 By: ~ {-f. GLUu:nJfocL IRA H. WEINSTOCK '"'' '" -'_, _'^,-, k~~"'>il'... . ~ SOWERS, GARNER, SAYLOR ARCHITECTS ENGINEERS, INC., Plaintiff v. '.-'~ '-'-' , ,-~. V;_o,.--'.', ,':, ,:...,-""",,,' .-,-,"",_ -_ -:"~i-~~'-' "_,~~,;,-:.~",_;, :-~ ;''',"~,''~>l;''''''-' .;;,,,.,,,,.. "'c'",;;=". -, "'br,,,-," -"',' "_' ~ t "',- ~ - f '~j:" : V .,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 00-3022 Civil CHAUFFEURS, TEAMSTERS & HELPERS LOCAL UNION NO. 430, AFFILIATED WITH THE INTERNATIONAL BROTHER- HOOD OF TEAMSTERS, AFL-CIO, Defendant JOINT PRAECIPE SETTLING AND DISCONTINUING ACTION TO THE PROTHONOTARY: Please mark the above referenced action settled and discontinued with prejudice. IRA H. WEINSTOCK, P.C. By:~tf. ~+oL Ira H. Weinstock, Esquire Attorney J.D. # 800 North Second Street Suite 100 Harrisburg, PA 17102 (717) 238-1657 Dated: 3/LD I 0 , BUCHANAN INGERSOLL P~NAL CORPORATION By..h~\~~ Thomas G. Collins Attorney J.D. #75896 One South Market Square 213 Market Street, 3'd Floor Harrisburg, P A 1710 I (717) 237-4800 Dated: 3 I \ '-t I 0 I ~~~, ~ -i~lIl. --"" 'U ..~ '....-.., '~.. ,- "'o:'~ ~"" ,il.;.k;i -...'. . 0 0 0 c $: ~TJ :::g; ;:RC"J :~ -'ii z~i :;0 "" ZC:' -+-',;-n (j)P \.D _~~C(, -<2 ~G :~~C) :i>C -0 t;2~ Zd :::L: ;po.) (~5_iTj C ~ jj ..... Xi -< -,,- ""i ~ . ~,,," 'u, ,n'_;,,",' "; ~' _1 ,'____",'_" " - -- 'h', - ,.; "'~:'l.l'.-.':--' \i , ~ CERTIFICATE OF SERVICE I, Thomas G. Collins, Esquire, am hereby certifying that this 14th day of March 2001, I have served a copy of Joint Praecipe Settling And Discontinuing Action by United States mail, first class, postage prepaid upon the following: Ira H. Weinstock, Esquire Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, PA 17102 ~~~~-, ,";~I" I ~~ .~ .. ...;-... , "~';""-o.l. lIi"";';';;'~ ..' Jiiiiil'.~k.;;;o" ',,,,,,, _.i... :~' .", ' ! cODI -- ~'!-'\~ o ~ -o2e nlfT'! ~S~~ -< ..f: r:::CJ % z8 )>c: z ...... -< 'W",_ --+---- - I', "'" '>""'-> ~ - ........-. ~~".- .........'-".~.._" -. ~"--------- ~"".- ~".,- c:., :::v: ~~~o n--l ,.~:: ~'l C,:J ..0 v () -j-, '''.',', ~~~( ~,;~ ~:.::{ ~7 -< --. --, '---- -- " " 0.1_ ,'l <' - -' ~-,---":.-,!,,- - ",. ~-". SOWERS, GARNER, SAYLOR, ARCHITECTS ENGINEERS, INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-3022 CIVIL TERM / CHAUFFERS,TEAMSTERS AND HELPERS LOCAL UNION NO. 430, AFFILIATED: WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO IN RE: ARBITRATION ORDER OF COURT AND NOW, March 2, 2001, the Court having been informed that the above-case has been settled, the panel of arbitrators previously appointed is vacated and the chairman, Samuel Andes, Esquire, shall be paid the sum of $50.00. Court Administrator By the Court, G~.J ~ l~D~O~ Samuel Andes, Esquire :ssg . .... - r"'-- U~ 0: to"; ,) ~. / ~ P:'-~ ~ " r;. r-i .J' \. t..;. CUf'.;ji;Li~;".I.' CCU;\TY r)b\!NSYL\~~NiA )m_.~,,-----, Ilft'iilliil!ll~ ., -~. , 1!".I!U~~!li!l~-.~P"," ,." ~ ~- > "~'^- !_"1IlJID!RJ-r-<,-~ _1. "~_"'= __~ ~ "!l"",-~ " ~'?j SOWERS, GARNER, SAYLOR: IN THE COURTOF COMMON PLEAS OF ARCHITECTS ENGINEERS, : CUMBERLAND COUNTY, PENNSYLVANIA INC. V. : CIVIL ACTION - LAW CHAUFFEURS, TEAMSTERS: NO. 00-3022 CIVIL & HELPERS, LOCAL UNION NO. 430, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO IN RE: ARBITRATION PANEL ORDER OF COURT AND NOW, December 5, 2000, Stephen Bloom, Esquire, is removed from the arbitration panel in the above-captioned matter, and Frederick Huganir, Esquire, is appointed his stead. By the Court, Samuel Andes, Equire, Chairman 4n4h PJ t~ -1YI~ f~-5-QO R~~ Stephen Bloom, Esquire Timothy Colgan, Esquire Frederick Huganir, Esquire Court Administrator i. ~ ---~..,-'" .-~, Alr:n-.n4Rf:C ,r:,~1 ~..' l ,-~l~ OF T'n't r.,r-irYi"IJ(\I,,]()TH'Y . ,H_" A....; r--;U ~, ~lt-\r\ OOOEC-5 RNl!:35 GUMBER\..AJ'lD COUt\rrY PENNSYLVN.JIA ~.- , l",",~I" -"- "_ ..._~~- ~ ~- iIiiIiiil ;I!!~~ill J,~! t~I\1i"_ ...,...- I ~