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Home My WebLink About00-03824 ,-, ;"'::'" " I "- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT NOTICE OF APPEAL FROM Entd in Frothy's Office 6-2l-00. DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 00- 3~d4 ~ NOTICE OF APPEAL No~ce is given that the appellant has filed in the abave Caurt of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME APPEllANr er conversa J.on WJ. t ~x6OOpJexan&c:JOlImIllixJeK1CXIU . """"'OF""""",,, 180 Bluestone Road TlOF~ INTtlECASE (Plaintiff) 5/22/00 DtsT. OR NAME DJ. 09-3-03 OTY York sr~'" ZP CODE 17406 PA (Defondant) CLAIM NO. Janine Poland "" MeCo Brothers SIGNATURE OF APP8.lANT HIS AnOftNEY OR CV20 0000072-00 ~ LT20 ~R: Mils ten, Esq., 29 N. Duke St. York A This block will be signed ONLY when this nola~on is required under Po. R.CP JP, No. If appellant was CLAIMANT (see Pa. R.c.P.J. . 10088. This Notice of Appeal, when received by the District Jus~ce, will operate as a 1001 (6) in action before District Justice. he MUST SUPERSEDEAS 10 the judgment for posses~on in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL Signature of Prothonotary Of Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of foon Ix> be used ONLY when appellant, was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal Ix> be served upon appellee). PRAECIPE: To Prothonotary Name 0/ appeI/eels) , appellee(s), 10 file a complaint in this appeal Enler rule upon (Common Pleas No. ) within twenty (20) days after service of rule Of suffer entry of judgment of non pro~ Signature of appellant or his attorney or agent RULEI To Name 0/ appeI/f1eIs) , appellee(s). (1) You are notified that a rule is hereby enlered upon you 10 file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service Of by certified Of registered mat1 (2) If you do not file a complaint within this time, a JUDGMENT Of NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the dale of mailing. Date: ,20_. S/gnatue 0/ I'roIhon<lI1wy Of CIlpuIy AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY . , <"" , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing Ih" notice of appeal. Check applicable boxes) COMMON WEALTI1 OF PENt.SYLVANiA COUNTY OF _____-----.______~______; $S AFFIDAViT: I hereby swear of affirm that I served o a copy of the Notice at Appeal, Common Pleas No, __ ' upon the District Justice designated therein on (date of selVice) _ ,0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appelle, (name) , on _ , 20__ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. D and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ,20__ 0 by personal service 0 by (certified) (registered) mall, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS .DAY OF ,20._, Signature of affiant Signature of officiaf be-fore whom affidallH was made l!tie of official My commission expires on ~________, 20~,_ (') 0 (:J C C) ."n $, ~ -ou..' c:: :-nfD mrr, ;;t: Z:Il N ~,~~~ 9 zc w",:" 2'2: ~~c? ~C) " _ ,_ -~'-i ~,..-" -;;->. ,-,--,-' ZL ::':7(") -0 /,~ r,-; FC 9," ~ 1'" ~ (J1 ,"" ~,.r ----- ,,''',,- "I. ".... " <I COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND ~ -36;;;~ GvJ) 09-3-03 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE Nand AUOAESS Mag,DJsLNo.: PLAINTIFF: !POLAND, J 180 BL NE RD. YORK :A 17406 L I OJ Name: H~Tl, SUSAN, 11:. DAY Add"s~, 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA -1 VS. T.,."hOO" (717) 486-7672 17065 DEFENDANT: NAME and ADDRESS !MCCOY BROTHERS 1514 COMMERCE AVE. CARLISLE, FA 17013 L Docket No.: CV- 0000072' 00 Date Filed: 3/31/00 I -1 ~- ~ JANINE POLAND 180 BLUESTONE RD. YORK, PA 17406 " '" ( THIS IS TO NOtiFY YOU THAT: JUdgment: .... ..FOR DEFENDANT [!] JUdgment was entered for: (Name) M........OV JllUVI'HF.1l!'l [i] Judgment was entered against: (Name) POT.lINn, .TlINTlIm: in the amount of $ nn on: (Date of Judgment) t;/??/nn . . o Defendants are jointly and severally liable. o Damages will be assessed on: (Date & Time) D Amount at Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o This case dismissed without prejudice. D D Levy is stayed for days or 0 generally stayed. Objection to levy has been filed and hearing will be heid: .-'.----..... , ...-. ...........-,-.-- "..,.. " '" .. Date: Place: , Time: ! \.~ . " r". I'. "~ .- 11r:, ' .<,' f\" r!~ r ANY PARTY HAS THE RIGHT TO APP WITHIN 30 DAYS AFTER THE ENTRYOFJUDGMENT BY FILING A NOTICE, OF APPEAL WITI;t THEPROTHONO RYI LERKQ,F. THE COURT, OF otf PLEAS;CIVIL DivISION,. YOU . .' ' .' ,'.' " " ' ."" MUSTINCl..UDE,A COFW'OF l'HI OTICE' F JUDGMENTIT' S '" i= RM WITH YOUR NojlCE OF APPEAL. . ".. . . , 'tj~I"-;?ffJi . ,,' " Date' ,~.:..' '.' .\ . . ,"District Jusiice .,', ' ;,., , District Justice My cOmmission expires irst Monday of January, AOPC 315.99 SEAL . ~- ..-...'"",.;,..,,-',, . ~~'&~"'.fi'fMwlluill~lit_I~!&""~!l!I1'""-ll:~Jl.Ylilibitld,' if -'"M ,," ~ ~ . (') CJ ~? c:: 1::J ~ ~ g: ,- ~ l'JlU ,'- ffir<' ,,~- ZT r0 :1\ ~ (1; '~~" ~ 2- \l) :.c--"'-.' " ~ ~?~: '0 ,~,- ".'" - VI PC:: ,,' -C 01 :z "'" ?l CA S! (Ji ::<:. -- -0 I " '. k , I:;: 1-:1 '-: i" },i L " , i I: (' I I r: r:i r: ;1 !: , Ii ~! Ii " iJ " " Ii il Ii II II Ii I' Ii Ii Z 275 632 551 , US Postal Service Receipt for Certified Mail No Insumnce Coverage P,ovidett Do not use for International Mait (See revetsel Sentto McCoy Brothers lreet & Number - 514 Commerce Avenue Post Office, State, & ZIP Code Carlisle PA 17013 Postage $ .33 Certified Fee 1.40 Special Delivery Fee Restricted Delivery Fee on 0> Return Receipt Showing to 0> 1.25 ~ Whom & Date Delivered 5- Return ReceiptShowing to Whom, <{ Date, & Addressee's Address 0 0 TOTAL Postage & Fees $2.98 CD .., Postmark or Date E ~ June 22, 2000 (/) 0-- ,'~ ,. I, '-', -" ~~i" " Ii ; , , Z 2'75 632 552 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mall See reverse ~ntto ~usan K. Da District ~&~rl Street .P,qst Office, State, & ZIP Code lV:t. Roll S rin s Po~~e $ .35 Certified Fee 1 .40 Special Delivery Fee Restricted Delivery Fee on m Return Receipt Showing to ..... Whom & Date Delivered ~ RetumReceiptShowingIoWhom, <{ Dare, & Addressee's Address o o TOTAL Postage & Fees CD (II) Posbnark or Date E o "- (/) 0-- 1.25 $2.98 June 22, 2000 ~!~~~~~f""'~f~'I"~~~~~,~$l,~~_l~11_,,~ri.,~i!\~I,l;~~,l1~~mlil;;J~,,""'JId,L, 1~,~",,~~~.r4iJ'i1/4lck~', , '^"'" , COMMONWEALTH OF PENNSYLVANIA " COURT OF C_MON PLEAS Cumberland Cotmty JUDICIAL DISTRICT Notl(E OF APPEAL FROM DISTRICT JUSTICE JUDGMENT Fntd in Prothy's Office 6-21-06 C_MON PLEAS No. 00- 3<6;)4 ~J) NOTICE OF APPEAL Notice is gi_ lhat the appellant has filed in the above Cou,! of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentianedbel"", ADDRESS .....L1ANT MAG. DISt NO. OR NAME 0.J. 09~3M03 NAME Of """""NT conversa on ~its::.:Il~,c:lifxr&. 180 Bl~neRoad OJY York STATE ZP CODE 17406 PA Dit.TEOf T 5/22/00 IN THE CASE Qf(Plaifrtiff) (Defend6n/) ~Janine Poland "" SIGNATURE OF APPELLANT NcCoy Brothers ttS ATTORNEY OR AGENT NO "y ~,~ Cv20 0000072MOO ,~' LT20 ~R. t1ilsten, Esq., 29 N. Duke StYork This block will be signed ONLY when this nototion' is required under'P<1 R.cP J.P. No. If appellant was CLAIMANT (see Pa. R.GP,J. 100sa . This Notice of Appeal, when received by the District Justice, will operate as a 1001 (6) in action before District Justice. he MUST SUPERSEDEAS to the judgment lor possession in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary Of Deputy PRAECIPE TO ENTE ETO FILE COMPLAINT AND RULE TO FILE (This section 01 fonn to be used. ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action belore {Jistrict JlJStice. IF NOT USED, detach from copy of notice 01 appeal to be served upon appellee). PRAECIPE: To Prothonotory (Cammon Pleas No. Name of awellee(s) \ ) within twenty (20) days after service 0/ rule Of suffer entry of judgment 0/ non pros. , oppellee(s), to file 0 complaint in this oppeol , ~ ,(I t, Enter rule upon signaJilfeil_ Of hi&.... Of agenI ,."~~;,\,,, """", .. RULE: To Name of """"_51 , appellee(s). (1) You ore notified that 0 rule is hereby entered upon you to file 0 comploint in this appeol within twenty (20) daysa/ter the date 0/ service 0/ this rule upon you by personal service Of by certified Of registered moiL \ (2) 1/ you do not file 0 complaint within this time, 0 JUDGMfNT OF NON PROS WILL BE ENTERED AGAINST YOU, " (3) The date 0/ service a/this rule ff service wos by moil is the dote of moiling, . Date: ,20_. SipIllIu oIl'io1hotto1wy Of DpiIy . , . AOPC 312-90 C.OURT FILE '-',~~~,;"w,,,,,",A,,,'.-;";" ~~, ;;"=,";;"iL'n""",.,,,,,.,,,;, ,,\'-t,--: -.,' ',. '",' ,',,' . '''-'"','.',,~ ',' '!, :'" , --'-"-"'-"'~",,,~,,,,,"_....;fJ1;:;"'M';;"..V; '+-"";;,.'..h'''~'t<' ".,,"',~,,,,,.,,,,, r-i-..,,,--\,, .",co', .' ,'~' ..', <,'-"0.<-_ ~/.t ,-,Mi',,~ib~',,'i,V-fO'.J:';,,'" -i'~;'" ,,,"'-~',b- ,,'P,'e, ,~?;,;;;<';''''1.",,:iftl ,:"'^"'k'""'~""Y_"^"-"""if~~~'(m.L: "'~'..,,'~~ ,.. -"''''qJ~",lO~~':' '.-~ ,\-:I~'''~--1\llIM 1 ~ """"'1, ':"'", ~T"""'ilililliiiil:i1i_tl>~wrr lit<J1. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of seMce MUST BE FILED WiTHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF YORK : ss (- AFFIDAVIT: I hereby swear of affirm that I served rs: a copy of the Notice of Appeal. Common Pleas No. 00-3824 Civil ,upon the District Justice designated therein on (date of service) June 22, 2000 , . 0 bl'.personal selVice fl{ by (certified) (R'liIN~mail, sender's receipt attached hereto, and upon the appelie, (name) McCoy Brothers. , on June 22 , 20..illL.... 0 by personal selVice Ja<by (certified) le~l(fJ!lttmail, sender's receipt attached hereto. cr and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appeliee(s) to whom' the Rule was addressed on _,20__ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS nd .DAYOF ILlI\~ ,20~ ~ ,L~~~' ~;. , , , Signature of affiant Cd (J o 'T; " C s: "'OeD mrn Z,:J~; ~c;;: W~. -<~: ~CJ >c 60 ;Pc ~ S::: ~ '.. ~tarial Seal Title of official \brk, York CountY My Commission Expires Feb. 17. 2004 My commiSSio_lI@!;ew>nsYIVaOlaAssOCiation of ~s 20 -"'.. ~ f') c."-..:- ::;,:,:...; --' ..,. :2s~> ..,.) ~ c:;:C) (~r-n ::2' .D -< :..;) en , .,. " . . 'c."',._ _.'~""'__'_'''"' . " :'~ POLAND CARPETS & SERVICES, INC. Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, No. 00-3824 Civil McCOY BROTHERS, INC., Defendant. Civil Action - Law NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further n0tice 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 RIGIDS IMPORTANT TO YOu. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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, Pennsylvania 17013 Telephone No. (717) 249-3166 or (800) 990-9108 - lii~{, A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones a las demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaci6n por cualquier dinero rec1amado en la demanda 0 por cualquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OSTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMAND A A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, V AY A 0 LLAME A LA OFICINAEN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telefono No. (717) 249-3166 or (800) 990-9108 ...' ~~" .'. .~ "',<' 37072.1\Author=FC\User= TW POLAND CARPETS & SERVICES, INC. Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-3824 Civil McCOY BROTHERS, INC., Defendant. Civil Action - Law COMPLAINT AND NOW, TO WIT, this 10th day of July, 2000, comes the Plaintiff, Poland Carpets & Services, Inc., by its attorneys, Countess Gilbert Andrews, and files the following Complaint: I. Plaintiff, Poland Carpets & Services, Inc., is a corporation organized and licensed to conduct business in the Commonwealth of Pennsylvania and having a business address of 180 Bluestone Road, York, Pennsylvania 17406 (hereinafter, "Plaintiff'). 2. Defendant, McCoy Brothers, Inc., is a corporation licensed to conduct business in the Commonwealth of Pennsylvania and having a business address of 217 Pine Road, Mt. Holly Springs, Pennsylvania 17065 (hereinafter, "Defendant"). 3. On or about October, 1998, Plaintiff completed flooring work at Carlisle Hospital in Carlisle, Pennsylvania pursuant to a sub-contract with Defendant. A true and correct copy of said sub-contract is attached hereto and marked as Exhibit "A." 4. After completion of the work, Plaintiff returned to Carlisle Hospital at Defendant's request on several occasions to repair or replace flooring with which Defendant was dissatisfied. 37072.1\Author=FCIUser= TW 5. Plaintiff has performed all of its obligations pursuant to said sub-contract and has offered to continue to perform additional obligations should they arise in the future. 6. Despite repeated requests for payment, Defendant has failed to pay to Plaintiff the full amount due Plaintiff. Specifically, Defendant owes $2,850.77 to Plaintiff. COUNT ONE - BREACH OF CONTRACT 7. Plaintiff reiterates paragraphs one through six of its Complaint and incorporates same herein as though more fully set forth. 8. Defendant's failure to pay the full amounts due and owing to Plaintiff constitutes a breach of contract. 9. As a result of Defendant's breach of contract, Plaintiff has suffered damages, including the following: a. The remaining balance due and owing of Two Thousand Eight Hundred Fifty Dollars and Seventy-seven Cents ($2,850.77); and b. Interest at the statutorily prescribed rate from the time that payment was withheld after it became the duty of Defendant to make such payment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant in an amount not exceeding the arbitration limit of this jurisdiction, plus interest and any other relief this Honorable Court sees fit to award. COUNT TWO - UNJUST ENRICHMENT 10. Plaintiff reiterates paragraphs one through nine of its Complaint and incorporates same herein as though more fully set forth. II, Defendant received certain flooring services and materials from Plaintiff and failed to make full payment for same. , ,,' 37072,1\Author=FC\User= TW' 12. As a result of Defendant's actions, it has been unjustly enriched by receiving said flooring services and materials without making full payment for same. 13. As a result of Defendant's unjust enrichment, Plaintiff has suffered damages, including the following: c. The remaining balance due and owing of Two Thousand Eight Hundred Fifty Dollars and Seventy-seven Cents ($2,850.77); and d. Interest at the statutorily prescribed rate from the time that payment was withheld after it became the duty of Defendant to make such payment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant in an amount not exceeding the arbitration limit ofthis jurisdiction, plus interest and any other relief this Honorable Court sees fit to award. COUNTESS GILBERT ANDREWS By: ~11---= Esquire' 29 North Duke Street York,PA 17401 (717) 848-4900 Attorneys for Plaintiff 07/06/2000 15:16 FAX 717 6439039 .;. . Countess ,GIlbert ,Andrews '-"'e-".' -'- ,_H ~002 '~, VERIFICATION I, the undersigned, .T anine Poland, President of Poland Carpets & Services, Inc., Plaintiff, hereby affinn that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, inforn1ation, and belief. This statement is made subject 10 the penalties oft 8 Pa.G.S. Section 4904 relating to unsworn falsification to authorities. Dated:~ Inc. ~r.s)j::>-4-?7 1001\1)7229/1) " .1 ~ ,. 37072,1IAuthor=FC\User= TW CERTIFICATE OF SERVICE I hereby certifY that on this date a copy of the foregoing Complaint was served on Defendant in the following manner: CERTIFIED MAIL ADDRESSED AS FOLLOWS: McCoy Brothers, Inc. 1514 Commerce Ave. Carlisle, P A 17013 Countess.Gilbert.Andrews ~ . Mi1sten, Esquire Dated: ., (r<>(oo ,-, .', -,' -,'- , "'~::If~ "_.'_'..,;",""'_.,' ."'. l, ., ..'o____,~ ',: :, ~ :,-J'::;,:'if EXHIBIT ''A' OUR SUBCONTRACT -, PAGE 1 SUB-CONTRACT CONTRACTOR: MCCOV BROTHERS, INC. 217 PINE ROAD POBOX 'Do MT HOLLY SPRINGS, PA 17065 PHONE (717) 486-3491 OR 238-4356 FAX NO. (717) 486-4948 DATE: 03/09/98 PROJECT NO: 98 001 PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE!! SUBCONTRACTOR: Poland Carpets & Services, Inc. RR 34 Box 366, Bluestone Road, York, pA 17406 PROJECT: Alterations To Pediatrics Unit - 3rd Floor - "CO Bldg Carlisle Hospital 246 Parker Street, Carlisle, PA 17013 Contact Person: John Andrews ARCHITECT: Bixler & Bi><ler Registered Architects 545 Park Drive, Boiling Springs, PA 17007 OWNER: Carlisle Hospital 246 Parker Street. Carlisle, PA 17013 PHONE: ( sub-contractor (717) 757-0085 FAX: (717) 757-0086 PROJECT FOREMAN: Bob Porter PROJECT PHONE: (717) 580-4731 Contractor and Subcontractor agree as set forth below. ~ Work to be oerformed: Th~ CQntractQr accepts your proposal To furnish labor and/or material for: A. To furnish all labor, material, and supervision to complete all Resilient Flooring, per plans and specifications, and include the following: 1. Complete all of Specification Section --- RESILIENT FLOORING. 2. Include the following a. Furnish and install all Resilient flooring and vinyl base, per specifications. b. Remove all existing flooring as required and prepare substrate for new resili~t flooring. ~~ . ~ 0" ~ ~;,. . , . ~ ~, .,._,_...~' "'\ PAGE 2 ~ Time of Comcletion: a. The Subcontractor agrees to commence this work on 03/16/98, and work being completed by 07/31/98. A construction schedule is to be prepared at a later date, with all subcontractors being notified as to their start and completion date. For failure to commence and complete 'his work on time, the Subcontractor shall be subject to damages and'remedies by the Contractor as set forth in other portions of this agreement. See 16.1 of specifications -- LIQUIDATED DAMAGES. 3. Contract Price: Contractor agrees to performance of this work Three Hundred Eighty Six pay the the Sum .. .. .. .. .. . . Subcontractor for the of: Twenty One Thousand Dollars ( $ 21,386.00 ) including tax. ~ Prooress Payments: The Contractor shall pay the subcontractor monthly progress payments in the amount of 4o~'of the application submitted. Applications shall be in writing and shall be submitted to the contractor on or before the~~_n day of each month. Unless otherwise provided in the ~ontract Documents, the Contractor shall pay the Subcontractor each progress payment within 10 working days after ~he Contractor has received payment from the Owner for labor and material covered in the application submitted by the Subcontractor. ~ Contract Documents: In accordance with prime Contractor documents including certain plans and specifications prepared by: Bixler & Bixler Registered Architects 545 Park Drive, Boiling Springs, PA 17007 DATE REVISED DRAWINGS: 1/8 .............. . 09/95 2/8 .............. . 02/97 3/8 .............. . 02/97 418 ................ . 09/95 5/8 ................. . 09/95 6/8 .................... . 09/95 7/8 ~ ~ ~ ~ ~ ~ . . . . . . . . . 03/97 8/8 ................. . 02/97 M-1, M-2 & M-3 ----- E-1, E-2 & E-3 . . . . 09/95 06/29/97 06/25/97 06/18/97 06/19/97 06/25/97 SPECS: Project Manual Number 95-974 ,< ~~ ~, , ~.o ,_ ,,''-e ___. .~' ~", -,.:,~~:,<'~- die exclUalol'lll: ~aJo~ exce~ive floor preparation, !Ioor leveling, skim coating, excesalv8 . "."1 patchiilg, (Ie. wavy, unlevel or broken up floors) Waxing of Vct., W r 'nacceptable substrate conditions are the responsibility of the General , , Jontractor and shall be corrected by the G.C. not Poland Carpets. - PAGE 3 , If substrate is re;ected by Poland Carpets, we will not proceed until receipt of WRITTEN~mAt;Afn\,TION releasing us from any I , . tallation or material warren1-j or da~\ls. I Ins Polarftl'Carl'lets-is net-l;lt?,,"cJ.to~hQ:~ay.wher1lJll( jIlahlelause: p'qla~E~~~~,is.~o_ be paid ~ays alteri:>in~'~, . . . . . . . 02/01/97 ...,,~. . "" . ,'. ',.~; If finlpaYn1'eflr, rS!I1.!"ag_~,'is held lJp due to nb1i.A~.?~~and ~I1?~ts~.payment, is due i 60 days frol)1 sub~tan.~~ eroject compl~tion. ."IT: ,:'~- ,,, ,,, .... ~~.:;-:z, ;,;';:y,":'.;. ,. '" ~ h Acceot~91~pa~~'<<I.II;-"l!!';i<2LS!9.f~9..1'lI~~e~\"':f ".~;::;H';:,: ..', ..~:-.::-:..<_.- Your $ignature below acknowledges that you have fully read and accepted this contract and the conditions as outlined in item 7. Accepted this IS day of )1'/CYlC4 , 19 18 Subcontractor. Dav~d H. Diehl Title V.P. of Purchasing NOTE: PLEASE SIGN AND RETURN YELLOW ~OPY WITHIN 10 WORKING DAYS AFTER ~ECEIPT OF SUBCONTRACT. THANK YOU!!!!! ~ ADDITIONAL TERMS: a. It is agreed that compensation for extra labor or materials furnished which are not included here shall be payable only if authorized in writing by the Contractor prior to $tarting furnishing extra labor or materials. b. You hereby acknowledge that opportunity has been given to you to acquaint yourself fully with the contract between the Contractor and the Owner and accompanying specifica- tions and'drawings and, accordingly and to the extent that the said contract, specifications and drawings apply to or involve the work and materials to be done or supplied by you, you agree to and shall be bound by the terms and pro- visions of the said contract specifications and drawings as though they were physically incorporated in this document. c. It is acknowledged and agreed that you are an independ- ent contractor and are solely liable for the acts and neg- ligence, if any, of your employees, agents and of yourself and you agree to save the Contractor and Owner safe and harmless from any claim or liability therefore. .... d. No separate understandings or agreements of any kind will be entered into by your and the owner and/or his , ~.', -"-""'--~ ','--, .L' ~ "~~ . '4,' '~'ft PAGE 4 architect or agents relative to any original or extra work contemplated by this agreement unless the same is first approved in writing by Contractor. e. You shall have actual responsibility for complying with the standards set forth in the rules and regulations prom- ulgation pursuant to the Construction Safety Act (40 U.S.C. 327) to the extent applicable to your portion of the work and you shall indemnify and save us harmless in connection therewith. f. This contract shall not be assigned by you without the Contractor's express written approval. g. Should you fail at any time to supply a sufficient and proper number of skilled workmen, or a sufficient quantity and quality of materials, or fail in any respect to prosecute and perform the work covered by this subcontract with promptness and diligence, or fail to abide by any of the agreements contained herein, or should any workmen performing work covered by this subcontract engage in a strike or other work stoppage, or cease to work due to picketing or other such activity, the Contractor may at its option and without prejudice to any other remedies, after forty-eight (48) hours written noti~e to you, provide any such labor and materials and deduct the cost thereof from any monies then due or that become due; and further, in the event of any default such as'described above, the Contractor may, without prejudice to any other rights, terminate the employment of the Subcontractor for the work under this subcontract, obtain a replacement and/or finish the work itself and that the defaulting Subcontractor is responsible for increased cost, expense or damages which the Contractor incurs as a result of the default. h. This subcontract includes all the agreements between Contractor and the Subcontractor for the specific project name herein, and any c'hanges hereto shall be made in writing and executed by both the Contractor and Subcontractor. i. Subcontractor to furnish all labor & equipment to clean & remove from site all dirt & debris left at completion of work or duration of work as required by contractor. j. To the extent Subcontractor's failure to perform in accordance with the terms, conditions and time periods set forth in this Subcontract Agreement cause Contractor to be liable for damages and/or penalties to Owner, Subcontractor agrees to indemnify and hold harmless Contractor from any such damages and/or penalties. ...j-,...., ""'liilit-'" !..- '.. .-"~, ""ill,..,,,,,.~~_~'lIR~...w,. .'~ "f:;IlJ;/l~~ , "-" ~'~ ,,~--,--,', ~~"..- r~~' <" ~5 ~G: 2:~::: )>~; c z .:< iIilllli C' / C~ ~-; ,II II I I II II , I I r~') "' ~9 U1 \0 _:- -~~~1 ~;?:) (3r'f! ;;;:f :D -< "".t, , Dean F. Piermattei, Esquire Attorney J.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant POLAND CARPETS & SERVICES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION LAW : NO. 00-3824 MCCOY BROS., INC. Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: Poland Carpets & Services, Inc. c/o Craig R. Milsten, Esquire Countess Gilbert Andrews 29 North Duke Street York,PA 17401 You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully Submitted, RHOADS & SIN N LLP 1 attei, Esquire One 0 Market Square P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Defendants , ".;;"'! Dean F. Piennattei, Esquire Attorney J.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant POLAND CARPETS & SERVICES, INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : CIVIL ACTION LAW : NO. 00-3824 MCCOY BROS., INC. Defendant : JURY TRIAL DEMANDED ANSWER. NEW MATTER AND COUNTERCLAIM NOW COMES, McCoy Bros., Inc., ("McCoy Bros.") through its counsel Rhoads & Sinon LLP and files the following Answer, New Matter and Counterclaim as follows: I. Admitted. 2. Admitted. 3. Denied. It is specifically denied that the Plaintiff "completed" flooring work at the Carlisle Hospital to the extent that the work performed by the Plaintiff was defective and not in accordance with the contract requirements for the work. 4. It is admitted that the Plaintiff returned to the Carlisle Hospital on several occasions to repair and replace the deficient and defective work performed by the Plaintiff because both the Defendant and the Hospital were dissatisfied with the quality of the work. 352607.1 ir.; - ~.&lt 5. Denied. It is specifically denied that the Plaintiff has performed all of its obligation pursuant to the subcontract. To the contrary, there remains defective work at the Carlisle Hospital which was part of the Plaintiff's obligations under the contract and which has not been corrected. 6. It is admitted that the Defendant has not paid to the Plaintiff the full amount of the monies identified under the contract. By way of further answer, it is specifically denied that these monies are due and owing to the Plaintiff for the reasons set forth above. McCoy Bros. has retained $2,850.77 under the Contract which McCoy Bros. does not believe will satisfy Plaintiffs obligations in this matter. COUNT I BREACH OF CONTRACT 7. McCoy Bros. incorporates herein by reference its answers as set forth in paragraphs I through 6 above. 8. This paragraph contains conclusions of law and does not require a response. To the extent that this paragraph contains factual allegations, it is specifically denied that McCoy Bros. has inappropriately withheld monies from the Plaintiff for the reasons set forth above. 9. This paragraph contains conclusions oflaw and does not requires a response. By way of further answer, it is specifically denied that the Plaintiff is owed any monies as a result of the contract between McCoy Bros. and the Plaintiff for the reasons set forth above. The remaining allegations in this paragraph are specifically denied because McCoy Bros. is without sufficient information or knowledge to form a belief as to the truth of these averments. WHEREFORE, McCoy Bros. respectfully request that this court enter judgment in its favor and against the Defendant. :2 " ..,,~.i,c COUNT II UNJUST ENRICHMENT 10. McCoy Bros. incorporates herein by reference its answers as set forth in paragraphs 1 through 9 above. 11. It is admitted that the Carlisle Hospital received certain flooring services. However, Plaintiff performed its work in an improper and defective manner and not in accordance with the contract documents. As a result, the Carlisle Hospital is left with a floor that has loose tiles and tiles which are improperly installed. Consequently, it is specifically denied that the Plaintiff is entitled to any further monies under the contract. 12. This paragraph contains a conclusion of law and does not require a response. By way of further answer, the remaining allegations in this paragraph are specifically denied. After reasonable investigation, McCoy Bros. is without sufficient information to form a belief as to the truth of these averments 13. This paragraph contains a conclusion of law and does not require a response. By way of further answer, the remaining allegations in this paragraph are specifically denied. After reasonable investigation, McCoy Bros. is without sufficient information to form a belief as to the truth of these averments WHEREFORE, McCoy Bros. respectfully request that this Court enter judgment in its favor and against the Defendant. NEW MATTER 14. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 3 I' , ^'- ~', -.' ,- ~~',; 15. Plaintiff has failed to attach a complete copy ofthe contract which incorporates other documents not attached to the Plaintiff's Complaint. 16. As part of the complete contract, Plaintiff is required to bring all disputes to the American Arbitration Association and accordingly, the present form is an inappropriate form to resolve this matter and Plaintiff's claim should be dismissed or stayed until arbitration can be pursued by the parties. 17. Plaintiff's claim for recovery is barred by its own breach of the contract and its failure to perform as per the contract requirements. COUNTERCLAIM 18. McCoy Bros. incorporates herein by reference its answers as set forth in paragraphs 1 through 17 above. 19. Plaintiff's failure to complete the work in accordance with the requirements of the contract, has left the floor area at the Carlisle Hospital in a defective and deficient manner which requires McCoy Bros. to correct the work. 20. McCoy Bros. will have to expend approximately $3,500 dollars to correct defective and deficient work performed by Poland Carpets & Services, Inc. which is in excess of the monies being obtained by McCoy Bros. 21. Poland Carpets & Services, Inc. is responsible for all costs incurred by McCoy Bros. in correcting the defective work performed by Poland Carpets & Services, Inc. 4 . . ". " . ~~O ~:,. WHEREFORE, McCoy Bros. respectfully requests that judgment be entered in its favor and against Poland Carpets & Services, Inc. together with interest and cost as allowed by law in an amount not to exceed the mandatory arbitration limit. Respectfully Submitted, RHOADS & SINON LLP B De attei, Esquire One th Market Square P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Defendant 5 .. .J ~Ji\lilllIlir~\,~ VERIFIC.'\ TION Robert Ganoe, deposes and says, subject to the penalties of 18 Pac C.S. 9 4904 relating to unsworn falsification to authorities. that the facts set forth in the foregoing Answer. New Matter and Counterclaim are true and correct to the best of his knowledge, informatiol1 and belief. r d ~c-A~..... Robert Ganoe Date: :s.....Lr 2 'il'>, '2.!ClC'Irl ~ ~ . , ~ < '~:1"" CERTIFICATE OF SERVICE I hereby certify that on July 28, 2000, a true and eorrect copy of the foregoing Answer and New Matter was served by means of United States mail, first class, postage prepaid, upon the following: Craig R. Milsten, Esquire Countess Gilbert Andrews 29 North Duke Street York, PA 17401 '~..'" .., ~,~ '",-jlil!&.&I;j;J.jj~lli<i'iSillij!tH~hJi~~~~miH~~,~'~ Lilcl' ~^""'_fIeIlI~ _ 0.. 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