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Home My WebLink About00-07870 "" - ~ " ~ A~ ,L., ;t.4&/f:-~6e/Z4-/) 9lA~/q . h0?Z~..y6~~ ) uL~f""'/'l-;? ~!!1 ) ~ j'~4r;e. ) ) ) In The Court of Co~on Pleas of Cumberland County, Pennsylvania ;I . t5-/l?1J~' . ,L d7 /::, ~o-2&i~ - 7370 1!l--. C'Y,:l ~'-hyI OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitut~o~ of this Common- wealth and that we will discharge the duties of our-office with fidelity. We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 4I1!J/ >4:~~ ~~ JJ~)I,7# I' he.-- de-~bN'/~ ehV 7%e.. h/95)::5 ~../ 1/#P~<f"-;L tfJ~ ~t!!'.:? >d_.(~;1'~ v R t!!--S " udk 4-11- ." applicable. ) . Arbitrator, dissents. (Insert name if NOTICE OF ENTR . -4 Date of Hearing: /~/~/ 1/0'/ Date of Award: . 7t1- Now, the - day of~ , lI}:l6vI, atj.;l:11, , P..~f., the above award was entered upon the do~ket and notice thereof given bY-mail to the parties or their attorneys. . Arbitrators t compensat"ion paid upon appeal: $ ;;lOJo.!lIJ to be '(I.,.L.: t.,f 7 J.. ' ?'rothonotary By: C},.." C. 'Ju. dtl.~. r Deputy -'m"'_. ~ - - ~r ~ .~-r<4 .~<f/~ 12. Ii -;.Q.lh.~ I~ (~~L ~ ) ~~.~lu~ g... JLd;..u:. ~ II-,.OJ 0-. ~ ~ 11_ //,_0/ :0) ^"""""_ T-!\!I'I!Fm_'.~ ::-"~ ,,_!I(W~~~~~~~I~! (") c: ?- '1)'>- rnG: ~~~': --,.---,: ~t=-.:_' ~::;. ("~i ~::c.; .-' c :;,;:.: -, -< JI - -r ,:=;. ;-,~ ;-:3 .-.J "~fj :::X~ N ; ,j 0') ':'1:J -.::: ,~~~J~l'li.WW(5!:'P;">2-~';~"''''''!'-'!:i'~f-'-':'''''C'''~'''''''!'~'''%=!1~''''~'-\'J"'j,",,,,,!';!'F,,,,,,,~,~_j)'~:;"",,."f"l;;"":'f1'"!f'il~~ L.l U .rf" i J " '-.1 , ::~~"~ NOV 0 7 ~~1"\ ROBERT L. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF tJdlb/a HOCKENBERRY'S LANDSCAPING: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. : NO. 2000-7870 CIVIL TERM GEORGE LOIS, Defendant. : CIVIL ACTION ORDER OF COURT AND NOW, this g!' day of November, 2001, in consideration of a conflict which exists for arbitrator Mark D. Schwartz, Esquire, and in further consideration of Rebecca R. Hughes, Esquire, agreeing to serve as an arbitrator in the above-captioned matter, it is hereby ordered that Mark D. Schwartz, Esquire, is removed and Rebecca R. Hughes, Esquire, is appointed as arbitrator in the above-captioned matter. The arbitrators for the above-captioned matter will meet for the purpose of their appointment on Wednesday, November 7,2001, at 9:00 a.m. in the Second Floor Hearing Room of the Old Cwnberland County Courthouse, Carlisle, Pennsylvania. By the Court, Date: / / -6 ? J. !- ,2001 cc: Stephen D. Tiley, Esquire, Chairman Board of Arbitrators "'."!,-'''''', '---t.""-.,,"" ;-"'_''''''~J",I''_''-,_,_, . ^ .'^"r __,"'1 ~,-'~f7 ,~_____- " ~,~-"-~ "-" - .. -,,-- ,,'," ",,- ",,,,, -"~'" ."' , ROBERT J. HOCKENBERRY, t1d/b/a HOCKENBERRY'S LANDSCAPING, IN THE COURT OF COMMON PLEAS OF CUMBERLAi.'ID COUNTY, PENNSYLVANIA Plaintiff NO. 00-7870 CNIL TERM v. GEORGE LOIS, Defendant CNIL ACTION DEFENDANT'S ANSWERS TO REOUEST FOR ADMISSIONS Pursuant to Pa.R.C.P. 4014, you are requested to admit to each of the following Plaintiffs Request for Admission before the expiration of thirty (30) days after service. Each matter will be deemed admitted to which no verified answer or objection is addressed. The answer should either admit or deny the matter or set forth in detail the reason why you cannot truthfully answer. If object is made, the reasons therefor shall be stated. If good faith requires that you qualify your answer or deny only a part of a particular request for admission, please specify so much of it as is true and qualify or deny the remainder. 1. Plaintiff advised Defendant orally that seeding work undertaken in late fall of 1999 would likely not fully germinate due to cold weather. Denied as stated. Plaintiff. stated that seeds mayor may not germinate. 2. Defendant acknowledged Plaintiffs advice and asked what additional cost would be incurred during the following spring to bring the seeding work up to acceptable standards. Denied as stated. Plaintiff stated that seeding could be done in the fall with a risk that cold weather could interfere with germination. No other risk was discussed. In fact the seeds did germinate. Defendant asked what the added cost would be if the seeds did not germinate due to cold weather and was told the maximum added cost would be no more than $500.00. ~< .. ~ , ," . - . . ,,- ~ - , ("" " ... 3. Plaintiff advised Defendant that the additional cost to bring the seeding work up to acceptable standards in the spring of2000 would likely be $600 to $1,000 ona time and materials basis. Denied. See answer to preceeding request for admission 4. Defendant induced Plaintiff to perform the seeding work in October and Novem- ber 1999 on the express assurance that Defendant understood that germination problems were likely to occur and that additional costs would be incurred, at Defendant's expense, the following spring to bring the seeding work up to acceptable standards. Denied. NICHOLAS & FOREMAN, P.C. ~~ /) ... Brude D. For an, Esquire Attorney ID #21193 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Defendant , , ~, - "I " . r'f', - VERIFICATION I verify that the statements made in foregoing Answer to Request for Admissions are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: :3 Iv ([; ( ~>'- J~ ~RGE LOI --..... ',__>JJ .""., ""='""l'" -__;"_1 "" ' - . r -, . ". I , ," . , --~ r"" j"( I:; I' ,.' i--' , I" I: 1-;' I' Ii: , Ii:, I::; i:1 i::i I', I' I,: i II' I:: !: I::, I i,J I, ; ':. """ , -.', "~-. ,,"- ~"'.--- '~' CERTIFICATE OF SERVICE I, Bruce D. Foreman, Esquire, do hereby certify that on this, the I~ay of March, 2001, I served a true and correct copy of said Defendant's Answers to Request for Admissions, by sending the same by First Class U.S. mail, postage prepaid, addressed as follows: Gary French, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 NICHOLAS & FOREMAN, P.C. '/~"7 ( ,/1 B' fI />'" y:' /, Bruce D. ore an, Esquire Atty. ID #2119 4409 North Front Street Harrisburg, P A 1711 0-1709 (717) 236-9391 ,7',--'''"!, ..J,l'Y'"'' ., .f .-' .,~: ., ., - - ..,.-- - ,._" ~-- .' ROBERT 1 HOCKENBERRY, tld/bla HOCKENBERRY'S LANDSCAPING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A Plaintiff NO. 00-7870 CIVIL TERM v. GEORGE LOIS, Defendant CIVIL ACTION PLAINTIFF'S REPLY TO NEW MATTER NOW COMES Plaintiff, Robert 1 Hockenberry, t/d/b/a Hockenberry's Landscaping, by his attorneys, Keefer Wood Allen & Rahal, LLP, and files the following Reply to Defendant's New Matter: 12. Denied. Plaintiff and Defendant did not reach an accord and satisfaction of the matter in dispute. 1j ~ H , ~; ~: t ~;: ~.- 13. Denied. On the contrary, Defendant has failed to pay to Plaintiff the damages suffered by Plaintiff in reliance upon Defendant's misrepresentations and breaches of warranties. 14. Denied. Plaintiff has not released Defendant from liability for his tortious conduct ~" l;~ ~ : ~': ~': I. il-: !~i t: Ii'> if: 1:; I:': t~ ~J :1' Ii: , !~ I!:~ or for any other liability, contract, tort or otherwise. 15. Denied. Plaintiff pursued contract claims against Defendant and determined not to appeal those claims to the Cumberland County Court of Common Pleas. Plaintiff's instant case ~:\ --" ....".._ 0.......,.. ......._ ....._ , ,~,,_~_"_^,v___ __. _ ~_~__.._ _~ __~" ,.,~,,~" ." asserts a tort cause of action, which was in no manner adjudicated by the prior district magistrate action. 16 Denied. The responding averments of Paragraph 15 are incorporated herein as though fully set forth 17. Denied. All work requested by Plaintiff was completed in a satisfactory and workmanlike manner. Despite having been completed entirely in accordance with Defendant's instructions, and despite Plaintiff's advance warnings that the result could prove unsatisfactory because of adverse weather conditions, Defendant induced Plaintiff to incur expense and then rejected the work product for lack of perfection. Defendant's conduct was tortious, and Plaintiff has suffered compensable damages as alleged in the Complaint. WHEREFORE, Plaintiff demands that judgment be entered in his favor and against Defendant as demanded in the Complaint, together with interest and costs of suit. Respectfully submitted, Date: December tbL 2000 KEEFER WOOD ALLEN & RAHAL, LLP ~~~ Attorney J.D. No. 25810 21 0 Walnut Street P.O. Box 11963 Harrisburg, P A 17108-1963 Ph (717) 255-8015 Fax: (717) 255-8050 -2- '-{ ~'c' -,- ,--f'_-'-",c?- <_~''F c_ <-~-~'''''-,~'1''i<, Y", 1'-" , ~_< "_,- -~--F- - -,- - '__~d'__,~__ ~-"--. , , - - -~ .- _' "_'C; _",""__;~_+ _, __',~.' ,.~. '~- ~"-- ~ - ~ ',.-"--~~' - :: 1-' '" i;i 1~ :.1 :,1 !ii ::: 'j I,: , n i:i i:-:f '-".',-- VERlFICATION I, ROBERT J. HOCKENBERRY, hereby certify that the facts in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. Date: December {)..( , 2000 4t~J ~/'CJ ' 0 J. Hocken erry " _;<;_--?,r""!~''''7',"",,;'':_..,--,-~._''''T'!''-'''I',,-,,,)',_", ,,,~,~ry"''''I',__~'''' -',"",of ...._' _ I-_'L _--'_"-,,. -'t-",_","",__", ""_~'_~'_~_"_,'_~-1"-___ _'__,e_"~,,. _ :^"__,~,._ _'., ,,,_,_ CERTIFICATE OF SERVICE I, Gary E. French, Esquire, attorney for Plaintiff, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Bruce D. Foreman, Esquire Nicholas & Foreman 4409 North Front Street Harrisburg, PA 17110 II .fl 11 Ii " 11 ;! {\ ii KEEFER WOOD ALLEN & RAHAL, LLP ~~:!lJ - Dated: February 1, 2001 j; ; )', " i II ;: t.; ~, }~ i I ti t r j-' ?i j- L . t! " ;:i ., ,;1 1:: r,i:m},<,V_, ~." ."",___,c<~." ,-_,"._,t,.'~v . =, "..~,,'_r,'I'. . <__='",~ '^~,'<'_"_' _ ". '" <., ,,".,,^ ~~.-," " ~, ~ 0_= _ O' .___ _ ~ " :L.-~ '" ".' .~. ,.- .-' ~ ,,---'"' I ~-.~co." "-_, f1i[i: -;" G'",,,,_,~" "~-.,>. "-;"~']:;,""'"~"-~~"""""nfi'if.'-ft'-I' "''';4_' ~. ,c, _ _ _ _. m~ o s;:: .....~ ~'~~- H7'-[; lSi :,:::'P';. !lri C- ?' ~ """. ~ '. ".~~,.." , ~, ,-~ -- -~ ~y,{ ,.;:1 C , '-..0 I f\j S3 i_-'_' (5~i~~ "b.1 -~, ,'" -,:::' C:;:, ~~-- !lPl\it~~_ SHERIFF'S RETURN - REGULAR CASE NO: 2000-07870 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOCKENBERRY ROBERT J ET AL VS LOIS GEORGE JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LOIS GEORGE the DEFENDANT , at 0011:01 HOURS, on the 1st day of December, 2000 at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to GEORGE LOIS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 So Answers: r~~< R. Thomas Kline 12/04/2000 KEEFER, WOOD, ALLEN & RABAL Sworn and Subscribed to before me this /6"~ day of By: /1 ~ C ./ g l.__ r9 ' 011<.Xt:"h, / D puty Sheriff ~~ c2trznJ (}'" f1 ~ Iprothonotary A.D. ..-/ ~ ;'1' ^,'"' ,.," , -"' ~"-~I "" I" ~" ~# ROBERT 1. HOCKENBERRY, t/d/b/a HOCKENBERRY'S LANDSCAPING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-7870 CIVIL TERM v. GEORGE LOIS, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Gary E. French, Esquire, do hereby certify that on this 17fu day of July, 2001, I served a true and correct copy of Plaintiffs Answers to Request for Admissions, by sending the same by First Class U.S. mail, postage prepaid, addressed as follows: Charles Brown, Esquire Nicholas & Foreman, P. C. 4409 North Front Street Harrisburg, P A 17110 r3&~'= Atty. ill #25810 21 0 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8015 Dated: July 17, 2001 h~""'?;, , "'0_0' ",__,~,"':,.-e"~!_~';V'('""""?'.,'f . ". . """,~_, ",,--"'--'-"-. ,,-_, ,- = __,-_"'_'~, ~L':'__ "'"_" , _" ""'- ,., ",~", U,", ," """ . . ---," ROBERTL.HOCKENBERRY tJd/b/a HOCKENBERRY'S LANDSCAPING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff NO. 2000-7870 CIVIL TERM y GEORGE LOIS, Defendant CIVIL ACTION NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court in the above-captioned case will sit for the purpose of their appointment in the above- captioned action, on Wednesday, November 7, 2001 at 9:00 o'clock A.M., in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you are requested to appear and present such testimony as you may have in the case. Date: October 22, 2001 ~ fi/ . stephen . Hey, Esquire, Ch~ Copies To: Charles Brown, Esquire Nicholas & Foreman, P.c. 4409 North Front Street Harrisburg, P A 17110 Keefer Wood Allen & Rahal, LLP Gary E. French. Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, P A 17108-1963 Arbitrators: James Reid, Jr., Esquire Shumaker Williams, P.C. 3425 Simpson Ferry Road Mechanicsburg, PA 17055 Irwin McKnight & Hughes Mark Schwartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 Court Administrator's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 '-'1; ,.""_ , .-' t" .~ ,-- ~'- . . , ROBERT J. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF t1d/b/a HOCKENBERRY'S : CUMBERLAND COUNTY, PENNSYLVANIA LANDSCAPING, Plaintiff NO. 00-7870 CIVIL V. GEORGE LOIS, Defendant IN RE: ARBITRATION PANEL ORDER OF COURT AND NOW, August 6, 2001, the Court having been informed that J. Robert Stauffer, Esquire, requested that he be removed as chairman of the arbitration panel in the above matter, Steven Tiley, Esquire, is appointed as chairman in his stead; James Reid, Jr., Esquire, and Mark Schwartz, Esquire, shall remain on the panel. By the Court, Geo~PJ Steven Tiley, Esquire,Chairman t~ -f)~ ~ Court Administrator '.,-, -,..< .-.~<,.,,,..,-- ;~'~""-",,"'~"~"-"' " ...-,.,.., '[~-,,-~---,.-- '--r- '. .'.,,-_ "",_,~ ->';Wi< __, , ,. ,,~ ..,," _ -~ ,-" --, , , ~ .. c._ _ ~___ > , 0 ~~~~;;a~~~~m<l<lk'l\%!;i}&!Ii,'ti~""".:i:iJi(f ~"ff''"~~''''''.~M -~~IliIiIlf~M. ~ '" . ~ ' C,C ., ~"n "1"\::~$';;: F!\ ,,"$''''';,--, ,"J~ -'RY "r I. _ ~j.~ "'f):'~ ~)T~,'~- U \~ 0 \ fill c ~.','lA, II: 0 \ 0\ r>.I.lG-u c\Jr~\~~~~Y~\f~~V~NN '~,; ,).,,-,,,,,,.,,',,r._,,.r,-__,,,,_,,,,,'_<'r"""l"" .\I.V,"" ,-,' ?" -'...'. _, "'~'O ~ ROBERT J. HOCKENBERRY, t/d/b/a HOCKENBERRY'S LANDSCAPING, IN THE COURT OF COMMON PLEAS OF Cw11BERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-7870 CIVIL XIlG< v. GEORGE LOIS, Defendant RULE 1312~1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Garv E. French. Esq. , counsel for the plaintiff/defendant in the above 1. 2. action (or actions), respectfully represents that: The above-captioned action (or actions) is (are) at issue. The claim of the plaintiff in the action is $ 1,797.07 The counterclaim of the defendant in the action is 0 The following attorneys are wise disqualified to sit as interested in the case(s) as counselor are other- arbitrators: r.h~rl~Q Rrnwn. F.~q l Nicholas & Foreman, P.C., 4409 North Front St., Harrisburg, PA 17110 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, submit~ed, & RAHAL, LLP ORDER OF COURT B in consideration of the foregoing Esq., and are app arbitrators above-captioned action (or actions) as prayed for. P. J. '_'~_,7, . ""7" ", ,_ ,.,-, _ -,., . .-. !'-'~~~~:~~<t~~lW5ili~~~*'~~ ". '~i~i!lOI"""-~-' .i'l'i-r<-''- , I ~ '.); n!r i...1. -' P:-i r- .",! , " (~. , curV\~::r:J,~SiL{:',';!A ;'1. " , lr: '_'H' i ""--.. , , ~.:: ~ ~ ~ ~ m_, ~ ~ c:S ('I) C_~." -J '" 8 '-... ]; 1\ ~ c.J r-i ~ ole". .:",:_~", '_",-~_I. ,_. "'.~,..,~_,~ ,__~t" _~_ """," ",.-" ...,,, ,I L ~ ,.. 'I >., '" , Il' r :t&;..u. /,,; f(j f::i": _ -~C-,~ .' , j~:L ~... , , I~lr' lo-<-cv ,;:: c.:. ;..../~ ','. ::;: (."r..."...:;;..'.... - I ~"'.. .' t ? ; C<;r:f!;. - t;.. ~ $ ..c~ tf"l It/:nh~ Idv..... - ?:c.o/4I'f.-7o ,-/;",-,/1>'~ 13o{3 . 7/0.; ~/""Ol< ?!UJI'9/'>';. -}b - ~/<I,,~. <----- /o/:I/J, &13 - Z:u;;;f/"} -7'o-~-"]o n'>'; J..5:" HIl..S 772NC7oYl. /7JY(IZ xlJ2'7~~ &'3. 7:50 411. -~- Jj:30 f?/'I. '-(.0 If!'?) mHOqz, P"/"J/Z I. K," _!;U'_'-:; ",.w;j.,N/,-/?;-..5';3oP/"r. /" jc,'ii w (; ?'!>- #I<S 'l7("n'C7o;{ "77/'J/[; #131193 /.3;.e &': '""If/"; - ?,.- :; :c,-, r?r.-; . R 1f..1;[ ~ $;.[CD , J/M9. /3c;:s-?iV"p,-/o-S......c..oI'F/ Cll;:";':; .(7tiN/;: c'/=cp L~!..I')./ }JJ'I/~" /30-:, . )1:3C>/4.'1..7o.:(',>o P.I'7. --;'1.,.wWl"''i )~:IV~SI'f :5/!/~ !XL^JC I /;j::It~. &if}. . 9:C;c;(;;:' j"c - l.{:c,," ? /{, (;.."lY'/ SP(utr:;Q !>~ P:ick_'-';:> )..()I'fl)> SJrO<;I() H~~ J~e -~: oo,q.'1.-7rJ - 'f:r.-O I;>/'i:, ,'~ _ c;~ S7/'d<. .!'.O/fIC/?~ _ 3 J."""O 'I- /.. '__nU~ &'7;71- /:J:t.<; R1. -/'0 - '1:30 P.0, :;:/:JI?/ZI'J':)~:5 &)/Z rJ/~ s//UJ.cv M"!9,? -c;:ccli/>;:-n - -::<.:3<:.1/?I,/,__ S/12/&-/I) 3/ c,,ry'j../f:- ~/::-s.;r/../~-I '-v - vJ-".J.-- "\ 1//,;1'70; !1oN17i:S OWILO 1'C"J .J()h"N J ~ Iff? '5 @ f'i-YS.s. '7 ~ :: I 7'':<~-<..l /~,c:.'-' -/ :;-E:0-o g'() , ""- loc.~O ~ fY[!:;/V '-< So PLAINTIFF'S EXHIBIT I 7 ~;:/ mo-?~ 1ZC"V~_...~~/j'-C7~/ c7/fc'-4\. -y \ /' ' ~/ 2:--O::-':~.._______... m.. 'j::ii/<)~ - (;"JS,f' ~ /;./ /99 - Cri 91 ;of,sj9'7 -C4SN 7<1/..<f'/Sl' ce-. Jar f~h1 c~ ? -:(U. (.:.;: ;C:J.o,00 $:<0 ' C.0 ! sc..u .Cv ) . ~r;'~cJ:() ),00<.1 ('-'- ,5,:&4'" c....<.l I ;:2./;./ /'17 nOA/a:.". c '-<.Ilcel - , I'lfcfl/lt.") ~Ji:C/l:.It/J(:o ,,"..,. ''''\\..of';- J-Jf'l-_ . ,,,-, ,/~ ";,'.:/37" / ' s-(, 'I () , , , 1797' ...' . PLAINTIFF'S EXHIBIT z...-. '/ HOCKENBERRY'S LANDSCAPING \i7 /lllIllIIlIll In'rWI ~,"- Landscape Construction Trees. Shrubs. Evergreens. Bark Mulch Railroad Ties CUSTOMER'S ORDER NO. R. J. HOCKENBERRY P,O. Box 582 New Bloomfield, PA 17068 __ (717) 58?~_ N~ I DATE .. 12/21 /99 1013 NAME Georep. Lois STREET Miller Gap ~oad_ CITY & STATE ,Eno1a, Pa. 17025 SOLD 6Y CASH I C.O.D. I CHARGE I ON ACCT. I MDSE RET'Q PAlO OUT I QU,6.,NTITY OESCR\?TION I PRIC€, .....MOUNT 12/9/99 . Lawn 'rinn. 1"<-rri'! wnr,," , T"chif'i"r annlication 4Qn nn Total f'r"m nr"i,,,,,,e in",,; ""0 Q<;7 n7 . Suh-rnrRl ,I ,,17 n7 Monies received to date. - ~I 640 nn ,lJal. Due 797 n7 , - I I , , %.anR.'You TOTAL .S 7"'7. 07 ALl. CLAIMS AND RETUI1NED GOODS MUST as ACCOMPANIED BY THIS BILL I OECEIVEO BY Net 30 Days 1 1/2% lnt€lrest Added Alter 30 Days 18% Annur":'l PLAINTIFF'S EXHIBIT ) '- ROBERT 1. HOCKENBERRY, t/d/b/a HOCKENBERRY'S LANDSCAPING, Plaintiff v GEORGE LOIS, Defendant To: Robert J. Hockenberry c/o Gary French, Esquire 21 0 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-7870 CIVIL TERM CIVIL ACTION NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ,,' ..~ - _'<, _0_= ,_ ~ '_f_~~' _ ,--~,'- ,-,----,.-- - ~ By Bruce D. Foreman Esq re Attorney ID #21193 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 Attorneys for Defendant . ,,~ _ __ .r ~'. ,., ~ < ROBERT J. HOCKENBERRY, t/d/b/a HOCKENBERRY'S LANDSCAPING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-7870 CIVIL TERM v GEORGE LOIS, Defendant CIVIL ACTION ANSWER TO COMPLAINT AND NEW MATTER AND NOW, comes the Defendant, George Lois, by his attorneys, Nicholas & Foreman, P.C., and responds to Plaintiffs Complaint as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated; ifrelevant, strict proof thereof is demanded at trial. 5. Denied as stated; if relevant, strict proof thereof is demanded at trial. 6. To the extent that Paragraph 6 of Plaintiffs Complaint is not a legal conclusion and requires response the same is denied and, if relevant, strict proof thereof is demanded at trial. 7. Denied as stated; if relevant, strict proof thereof is demanded at trial. 8. Denied as stated; if relevant, strict proof thereof is demanded at trial. 9. To the extent that Paragraph 9 of Plaintiffs Complaint is not a legal conclusion and requires response the same is denied and, if relevant, strict proof thereof is demanded at trial. '-r,,_ .,. __~".___ ,,'_.'_~,__^,:""'~~ _" '" -.r _~_'_'_ ""_t._,-,,, _ <iT" "'TO. r-- ---0< .. ,,=- 10. To the extent of Paragraph 10 of Plaintiffs Complaint is not a legal conclusion and requires response the same is denied and, if relevant, strict proof thereof is demanded at trial. 11. To the extent of Paragraph 11 of Plaintiffs Complaint is not a legal conclusion and requires response the same is denied and, if relevant, strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully request the Plaintiffs Complaint be dismissed with costs taxed against Plaintiff. NEW MATTER 12. Defendant asserts that Plaintiffs Complaint is barred by the defense of accord and satisfaction. 13. Defendant asserts that Plaintiff s Complaint IS barred by the defense of payment. 14. Defendant asserts that Plaintiffs Complaint IS barred by the defense of release. 15. Defendant asserts that Plaintiff s Complaint is barred by the defense of res judicata and, in support thereof, attaches hereto as Exhibit "A" the Civil Complaint, Notice of Judgment and Opinion of District Justice Thomas Placey on the instant case wherein a court of competent jurisdiction restriction determined the facts of the instant claim. 16. Defendant asserts that Plaintiffs Claim was determined by an unappealed from award from a District Justice court of competent jurisdiction and relitigating the same is barred and, in support thereof, Defendant incorporates Exhibit "A" which shows an award dated August 3, 2000, as of yet still unappealed from. 17. Defendant asserts that Plaintiff s work, for which payment is claimed, was never completed and the portion that was completed was not performed in a professional, workmanlike or satisfactory manner or as was represented by Plaintiff. :-'~'.-J -_ 0',."'7'- _ _'I_"_T~ ,. I~, ,.- _ ""p--<"." ~-'--",- ., ~ " ~ WHEREFORE, Defendant respectfully requests Plaintiff's Complaint be dismissed and all costs and attorneys' fees be taxed against Defendant. Respectfully Submitted, Dated: I?.. ~ I . Cfb NICHOLAS & FOREMAN, P.C. By rOo ~ BRUCE D. FORE 4409 North Front Street Harrisburg,PA 17110-1709 (717) 236-9391 Atty. ID #21193 ';:,,,~~~ , ,"" " . _ " ,'~. 0 ~ '." . _ ~_ ",_, ,.,,",_"_ ,_. " , ,_ , . - ,. , -~ ,~= VERIFICATION I verify that the statements made in foregoing Answer with New Matter are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: {'L / 'I - cJQ JGEti)jf-. ~,r'~ '-".,\;1},,, -~","--" -~}',",- ~ ,p,- ,~=~,-~-- ". '-~ "^- -~,~-," - ,~,-, "- , , ROBERT 1. HOCKENBERRY, tld/b/a HOCKENBERRY'S LANDSCAPING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-7870 CIVIL TERM v GEORGE LOIS, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Bruce D. Foreman, Esquire, do hereby certify that on this, the 1-}It day of December, 2000, I served a true and correct copy of the Answer to Complaint and New Matter upon Defendant's attorney, by sending the same by Certified Mail, Return Receipt addressed as follows: Gary E. French, Esquire 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 NICHOLAS & FOREMAN, P.c. BY:~~ Bruce D. Foreman, Esquire Atty. ID #21193 4409 North Front Street Harrisburg,PA 17110-1709 (717) 236-9391 :'0"1 ~~. '- 'c___,. 'L_ ".,,_r'1h~, _ --- ,~" r _.'c'_ -~~ -~I ,,~_ ,""' .0,,; r. '.''''' - ~-~- - CIVIL COMPLAINT Mag, DlsI.N'i).: 09-3-04 PLAINTIFF: r NAME and ADDRESS "l 17055 ltoc'cenho..xrv's Lani!SC'1pt"O,'( P.O. l!ox 51l~ L~ 1l1.oomfi.e1il, P'1. pO~.~ VS. DEFENDANT: NAME and ADDRESS r Geor~ T-AJis Miller G'1ry Roqd l!ox 7~ Enol-'l, Pa. 1.70.~5 L Docket No.: t..\l-CDDO\~S-DO Date Filed: 1..\- \ ?rDO -1 DJ Name: Hon. THOMAS A. PLACEY Add"'" 104 S. SPORTING HILL RD. MECHANICSBURG, FA Telephone: (717 )761-8230 I 7 & /..{, II-k$ w.p 12..a?,Q 'Uu,\-e'pA \"1025 AMOU NT -1 ......... .-' '. "".:\lU ~ . - . " ,~ " , FILING COSTS $ SERVING COSTS $ TOTAL $ S@SO TO THE DEFENDANT: The above-named plaintiff(s) asks judgment against you for $ 1 .1l7Q. 1 Ii together with '-(l-"')t costs upon the following claim (Civil fines must include citation of the statute or ordinance violated) : For non-p'1vment of lIlIlHSCalJP. servi.ces I, 'lo~rt J. 1l0c'ce'}l)P.rrv verify that the facts set forth in this complaint are true and correct to the best oj my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. ~ 4904) related to unsworn falsification to authorities. Plaintiff's Attorney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must fiie it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. Aope 30BA-9B . ~ l~ ~"-" COMMOtlJWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-04 . NOTICE OF JUDGMENT/TRANSCR.IPT . CIVIL CASE . PLAINTIFF: NAME and ADDRESS --, . f!iOCKENBERRY I S LANDSCAPING P.O. BOX 582 NEW BLOOMFIELD, PA 17068 L ~ Mag. Disl. No.: OJ Name: Hen. THOMAS A. PLACEY Ad,,,,,,, 104 S. SPORTING HILL RD. MECHANICSBURG, PA VS. T",ph,"" (717) 761-8230 17050 DEFENDANT: NAME and ADDRESS 'LOIS, GEORGE 76 MILLERS GAP RD ENOLA, PA 17025 L Docket No.: CV - 0000135 - 00 Date Filed: 4/13/00 -, THOMAS A. PLACEY 104 S. SPORTING HILL RD. MECHANICSBURG, PA 17050 ~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR nRFENDANT [i] Judgment was entered for: (Name) T.on'l c:lR01U~11. [i] Judgment was entered against: (Name) HO~K"RNRRRRV '!'l T.ANn!'l~1< PTNc:l in the amount of $ nn on: (Date of Judgment) (Date & Time) R/n<l/nn . o Defendants are jointiy and severally liabie. o Damages wiJi be assessed on: O Amount of 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. o Levy is stayed for days or 0 generally stayed. o Objection to ievy has been filed and hearing will be held: Date: Place: . Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE ";''':r, OF APPEAL WITH THE PROTHONOT ARY/CLE.!l!<:O~!f:lE COURT OF COMMON PLEAS, PIVILpl~ISION. YOU MUST INCLUDE A COPY OFTHISNOficEOF JUDGMENTITRANSCRIPT.FORM WITH YOURNOTICE OF APPEAL. '" ." .,~' j!\ -~ ,~---,_......-_:' ::.-' '. ," -" . <:~- 'J)" r.lf, .- Date \ '., District J~stice \ I certify that this is a true and correc(aopy ot the reqord.-of the-9fObeedingS~6~tgL~ing the judgment' -- .- .~, - (F) Date \ . i! \__-----. , District Justice I / i --~. 2M4 \ , ! My commission expires first Monday of January, SEAL AOPC 315.99 'JJ ~)ll '. , . "",,' . . . . HOCKENBERRY'S LANDSCAPE, Plaintiff ~ v. DISTRICT COURT 09-3-04 GEORGE LOIS, Defendant CV-0135-00 FACTS FROM TRIAL Plaintiff contracted orally to provide Defendant with a landscape design, general landscape contractor services, and lawn construction (grade, rake, fertilize, seed and straw) of more than 50,000 square feet. The construction of the landscape lasted several months, which consisted partially of work, partially of changes (design and subcontractors), and partially of downtime awaiting equipment or materials. Plaintiff feels the job complete per the instructions of Defendant and is seeking final payment of $1797.07 together with interest. Defendant avers that the performance was not done in a quality and business like manner and is seeking a reduction in the form of claim to bring Plaintiff's work into such standard. Further, Defendant seeks a setoff for the inappropriately billed items on the invoices for work not actually performed. DISCUSSION Plaintiff wore many hats in this project, none of which were founded upon a written contract that would have clearly expressed the parties' desires and obligations. In reviewing the oral agreement the parties' actions must be reviewed to determine this desire and obligation. The first hat was that of an architect in the design of a landscape drawing with projected cost. This was done and billed at $300.00 for which neither party disputes. The other hats are in contention. The second hat was that of a general contractor, which included obtaining and supervising subcontractors, and getting done what they did not to comply with the landscape design. Plaintiff made charges to Defendant for times spent awaiting a subcontractor delivery that never arrived. Further, upon rescheduling, a charge was made for the supervising the placement of the material. The later is an appropriate charge given the supervisor responsibility of Plaintiff; however, the former is not. A charge must be for work actually done and here, through no fault of Defendant, Plaintiff was made to wait for a subcontractor, secured by Defendant, to '~ -w ,~ " - , . , .._-~- -~ .- .. bring material that ultimately had to be returned as improper. The amount ' . of $150.00 is set off against this claim. . The third hat worn was as lawn contractor to grade, rake, fertilize, seed, and straw the approximately 56000 square feet of lawn and pasture area. A variety of actions, including some extras, were done to accommodate the setting of the lawn at the earliest practical point. However, even with Plaintiff's extensive experience in this profession the seeding was only partially successful. Defendant has redone this work at a cost of $1600.00. This amount is a setoff against the claim as remedial measures necessary to bring the work up to standard. It is noted that the Plaintiff is required to be efficient in the use of time and materials but that no judgment is being made on that in this case. The nature of the judgment does not require further evaluation of the efficiency of use of time and material in the extra work including the straw from the barn. Judgment is in favor of the Defendant, with the costs of this action being placed on Plaintiff. The parties have preViOusly been advised of their appeal rights and the exhibits are being returned to the presenting party. 3 Aug 2000 Date ,~~-- -'~""- - ,- I" .." ,.~ p. ~ I ~'" -" . I . ,Iacey DJ. . , ROBERT J. HOCKENBERRY, tldlb/al HOCKENBERRY'S LANDSCAPING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. NO 00 - 7f70 C;(Jtt~~ GEORGE LOIS, Defendant CIVIL ACTION. 11 'I j ij 'I, NOTICE ~~ 1:., 11 ! ~j ::j ,,-' ; to i:i ,Iii ;;'1 '!i! t~ ~' i ] 'i:] YOU HA VEBEEN 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. H CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ;:" le_ ::::1 , ,-"! oj "I :-;! i'l ;::i '-"I , 'I :i ,'.j '., ;;j ',~?' " . -- _'l'_'. r,",,<,~_ ",~. """'. ,,~,_", ,~" , e<.' ,.""_,,, ,__~""r,'''''' "'". '.' ~.__ .,,,,,,=~,~ _. ", < .~ .... . L~ . ..~ _ . , <.- NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo aI partir de la fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abodago y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 a1ivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 if" ~-, ~ "'''"';;,,",,, '>", " ___'~~"~_"E," ~_'.""'I'p, """'," ' ."_",,.,= ",",-_ ~- ,,_, ,~_c, '-'~_'. ",^~~__"" . .~,. , - -,~"' ~--'~ ' - - ~ .* ~,-- ~- , ' ROBERT J. HOCKENBERRY, t/dlblaJ HOCKENBERRY'S LANDSCAPING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO (J!J- 1f16 c;.;.,J /~ GEORGE LOIS, Defendant CIVIL ACTION COMPLAINT NOW COMES, Plaintiff ROBERT 1. HOCKENBERRY, tldlb/a HOCKENBERRY'S LANDSCAPING, by his attorneys, KEEFER WOOD ALLEN & RAHAL, LLP, and avers the following Complaint against Defendant: 1. Plaintiff is ROBERT 1. HOCKENBERRY, tldlb/a HOCKENBERRY'S LANDSCAPING, an adult individual residing at 231 South Carlisle Street, New Bloomfield, Perry County, Pennsylvania. 2. Defendant is GEORGE LOIS, an adult individual residing at Miller Gap Road, Box 76, Silver Spring Township, Cumberland County, Pennsylvania. 3. In or about July 1999, Plaintiff orally agreed to do landscaping and seeding work for Defendant at Defendant's residence. 4. After completing a substantial portion of the landscaping work, Plaintiff advised Defendant that it was too late in the fall season to seed the new yard areas completed as part of the work and that it would be best to seed the yard areas during the ensuing spring planting season. 5. Defendant induced Plaintiff to complete the seeding in the fall of 1999 as originally scheduled and represented to Plaintiff that he would pay for the entirety ofPlaintitT's work regardless of the outcome of the planting. 6. Plaintiff relied upon Defendant's representation and seeded the yard areas as requested by Defendant. (:::..,t~,., -",. '- "_' ~^?!,~^"',"<r.,,~,''''.,''''''''''--~ _=.1 ._;,," __",,_'~', ,_,to",,,,-, '_"'",,_ ~,_,,~. ,,'~ ,~ ~_.,'" "Y__, , . - .'.'" 7. At Defendant's further request, Plaintiff used Defendant's existing stock of straw to cover the seeding, which straw was of poor quality and detracted from the work performed. 8. Defendant also failed to water the planted seed as instructed by Plaintiff 9. As a result of Defendant's acts of misrepresentation, use of substandard materials and negligence, the grass seed planted by Plaintiff in Defendant's yard areas did not germinate in the fall of 1999. 10. Defendant has wrongfully refused to pay Plaintiff for work done. 11. Plaintiff has suffered damages as a result of Defendant's misrepresentation and negligence in the amount of $1,797.07. WHEREFORE, Plaintiff demands that judgment be entered in his favor and against. Defendant in the amount of $1,797.07, together with interest and costs of suit. Dated: October 3 L 2000 KEEFER WOOD ALLEN & RAHAL, LLP B G . French, Esquire Attorney I.D. #25810 210 Walnut Street P. O. Box 11963 Harrisburg, P A 17108-1963 Phone: (717) 255-8015 Fax: (717) 255-8050 Attorneys for Plaintiff '~l__ ,-" _ _ _ -,-- "7"':"'.-,"" ""',,c.".;;"- __',n_''''',-_c~r<?E,_''''_ "F',_-_,,>__'-"~"'- '1"- _).-O_",_~ ."f"'O",''--'1''/";'"' 00 'c_ ~ ~"0' ---,-'~~-___,__ ."..c...."........ ,"'_.~'." .. ! , OJ ',~ il ".] ;1 j! :;j 1 :1 ,! -~j '-; I 'I ';i \1 I -;1 J ~,j .c:;;: "r,'- , . . , . ~ VERlFICATION The undersigned, Robert 1. Hockenberry, hereby verifies and states that: 1. He is an adult individual trading under the name of Hockenberry' s Landscaping, Plaintiff herein; 2. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 3. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. /' ? . ~OCKENBERRY ~ Dated: October 3/ , 2000 . .~" "._,""';"-~.'J:'f'..f.........'."_" -'" ,,~r"," F":,,,~<__,_.-:h'''''_ ',,nA . .~"..,,~~_ ',,'-'T"_F--'. -~-, -,--, -""_~,-,, fC_""~ -~ -_~_,_ -~-"'p-, ~_,-,~_, "",,,~,_ ""_,_,_'~_,,",,__"_ "''',_ "_""''''''_~ 'Co,",>:," diil ", -" ~~-'!L~,_ - "" t~ ~ -6q. 6" ~ ~ a ~. .... g ~ 5 t;::, 0 ,CY ~~ -.;} ~l- '< -" - -", "-~,-'''--- .'" ., ", ,,~- o c ~~~ :z: :;':,' ZL"" (f) -< r- <-" ~~J ..:;':. _-1 -< ow, ~- ""'_,, '<)A"';' _'_"'~',o,_,,:_,j,_~~ C) ~ C-:J '><.':::: :.::J I 0'\ --0 Y~J :",." \D 1'r~"lL Y , ,-"''C-~_'r~_,,,'" ~ ROBERT J. HOCKENBERRY, t/d/b/a HOCKENBERRY'S LANDSCAPING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiff NO. 00-7870 v. GEORGE LOIS, CIVIL ACTION - LAW Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendant George Lois in the above captioned matter. :; I:: NICHOLAS & FOREMAN, P.C. Dated: September 6, 2001 By: ulNNlh b 8wCMll Charles Rees Brown Lb. No. 70612 4409 North Front Street Harrisburg, P A 17110-1709 (717) 236 -9391 i: i' I I' I'-! ii " i" ~ " II I' :.[ ii 'I :1 :' Attorney for Defendant Ie iilj' '.':.1 . , , ~"- ", .,~" .'~..."m ,. ". ..... "'" ~~"""'+M''1f1'llU IlTilr1GlYlr,m"j' (") 0 i.=-) C -Tl s: (/) "CO fTl ~ ~gj -0 F ~c: I ~_:~l~] ~Z -' ~~ ;2Cl -0 ?fQ ::;:: L:- rr- :0;8 N Q' ~ N ~ a-. ~ < ~ Ah<'!I,."," ,~ , ~~,~-~~ " = _if!: ':'i1i1!l~"" ,,' -~ ,-, ROBERT 1. HOCKENBERRY, t/d/b/a HOCKENBERRY'S LANDSCAPING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7870 CIVIL TERM v GEORGE LOIS, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Bruce D. Foreman, Esquire, do hereby certify that on this, the 18th day of December, 2000, I served a true and correct copy of the Answer to Complaint and New Matter upon Defendant's attorney, by sending the same by Certified Mail, Return Receipt addressed as follows: Gary E. French, Esquire 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 By: Bru e D. oreman, Es Atty. ID #21193 4409 North Front Street Harrisburg, P A 17110-1709 (717) 236-9391 . ~oinP1ete lterrui i;-2;-ancf 3~' Als~.complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we, can return the card to you. . Attach_ this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: GA-P.'f 1: (i2.CWCtt( 'l.J~. PD bO'f- 11t:](p3 ij t4-fUIA 5 M6 ,Pt! IlIOB- , 1'tCt>? c ~eLf--r~~ c.- 3. Service Type &-certified Mail o Registered o Insured Mail o Express Mail .8l Return Receipt f r Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee)' ...J. 0 Yes 2. Article Num~er (C~W ~m ,seryice label) _ : i i Ii iil) i1JOOO I, OttOb i i(DP.:nt j,j(gOS41i~~.) PS Form 3811, July 1999 ~mestic'Return Receipt '~ 102&95-99-M-1789 . -----"---- 1,1':: I, :' \r "'1'.-,^,-;' - "'>:T':"f ~~ '" ,,>- , "': 1. ,_,0,,]'.','_,:" :'1,11: 1[1'" ;-,r ~ ~r , ~1'!"'- f'" \'OV ~ 7,200, (~'1-'\ ROBERT L. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF t/d/b/a HOCKENBERRY'S LANDSCAPING: CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, vs. : NO. 2000-7870 CIVIL TERM GEORGE LOIS, Defendant. : CIVIL ACTION ORDER OF COURT AND NOW, this -2..!:day of November, 2001, in consideration of a conflict which exists for arbitrator Mark D. Schwartz, Esquire, and in further consideration of Rebecca R. Hughes, Esquire, agreeing to serve as an arbitrator in the above-captioned matter, it is hereby ordered that Mark D. Schwartz, Esquire, is removed and Rebecca R. Hughes, Esquire, is appointed as arbitrator in the above-captioned matter. The arbitrators for the above-captioned matter will meet for the purpose of their appointment on Wednesday, November 7, 2001, at 9:00 a.m. in the Second Floor Hearing Room ofthe Old Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Date: /I-tit ,2001 ~ G~.o\ cc: Stephen D. Tiley, Esquire, Chairman Board of Arbitrators .'..... a~iilSi-' L~,.' iii. - .- "IN ,. 'r~""!".,~,"', ~, ""'" ~."" '_, _',~...-_ ,~''''C~ '_' .-, ~~'if"""""- __,,~ ,""','Y-_"__o_,~' "d'-, c.'"'_ ,:0- ?->, ,,',^_. Ai1II1j' '.- ",'--~ C"'i~ ,I I :~)TAFiY "11 "'.")1/ 9 lJ' P'", -", I ""'.-i: II: 11r, (-" '1"i"'~'1 {,"i' ('nl 'I"TY ...,0""_,.-._lt,..., "~:..J ,~;,_, _' \I FENNSYL\(!\NIA -.1 ..