HomeMy WebLinkAbout00-08090
c...... '
-
-
"~
..
NOTICE OF APPEAL
C MONWEALlH Of PENNSYLVANIA
COURT Of COMMON PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 00. fltJ90 du~
NOTICE OF APPEAL
Nofice is given that the appellant has filed in the above Court of Cammon Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below.
~OfAPPB.lANr
. "E' G f!...A1o.rr (' ~ I AJ c..
ADDRESS OF APPELlANT CITY
.:5 2.. W ~-r() IV S'T
7;.:2.'t.j- Of) 1Nr/i'';i( "'I
NO
CV 1'9_4.Jo5-o0
lT 19 .
This black will 'be signed ONLY when this natafion is required under Pc. R.c.P.J.P. Nc.
loo8B.
This Notice of Appeal; when received by the District Justice, will operate as 0
SUPERSEDEAS to the judgment far passession in this case.
Oq- ,- 0 I
1~1 OR NAME Of OJ
e ~ A-.....D <e I'h ~ h-t:-
STATE IP CODE
A-
i7&J
(Defendant)
Co AJ
Signature of Prothonotary or Deputy
~
If appe lant was CLAIMANT (see Pa, R.G'p,J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fonnto 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 to be served upon appellee),
PRAECIPE: To Prothonotary
Enter rule upon I<te a hi e fl... httx;; c;, fa ~ SIN C- , appellee(s), to file a complaint in this appeal
f Name of appeJlee(s)
(Common Pleas No. [)(), llD9tJ~ ) within twenty (20) days after ser 'ce of rule or suffer entry of ju ment of non pros.
RULE: To J!~~ C(h1.'('R... 8tl.b9t./tiC> lie-, appellee(s).
I Name of appeI/fJe(sJ
(1) You are nafified that a rule is hereby entered upan you to file a complaint in this appeal within twenty (20) days alter the date of
service of this rule upon you by personal s~ice or by certified or registered mail.
(2) If )'011 do nat 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 date of mailing.
Date: 71tHJ. 16 ,w~
~~d k ~A,~~orOetMY
AOPC312.84
COURT FILE TO BE FILED WITH PROTHONOTARY
jliHiIll~UMf 1~W.:ti~jiM''\\iii:'h~;t''2@,~.;tj;~M~_@,t~-t,:j-''t';.f1iI-!\,J''!C'i,t.f'I'___''''-i'h'.A~<fil''''''_*,''4'''.-'f;\'';f;':i~~!,!J;:a'i=lI~~_:~~~~ilIil~1~.1.!M&!~~!i~h~~~:~~~'I!Ii!r'-;~
~~ I
'. II
"
i
I
I
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT
\ '>-.
(This proof of servfce MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicalile boxes)
COMMQNWEALTH OF PENNSYlVANIA
COUNTY Of
; 8$
AFFIDAVIT: I hereby swear or affirm that I served
o a copy of the Notice of Appeal, Common Pleas No, , upon the District Justice designated therein on
(date of service) 0 by personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) , on
, 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto,
o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Role was addressed on , 19~ 0 by personal service 0 by (certified) (registered)
mail, senders receipf attached hereto,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THiS
DAY OF
_,19_
Signature oi affiant
Signature of official before whom afftdavit was made
TiUe of official
My commission expires on
,19_
\ 0 c. a
c: 0 ~ll
~ ~ ~ <:" Z .--1
~ "U5S C) ~!~-n
mrn <:
, , I z~' "F
~ ~ ZC :~g8
'/-.i Q~~ U1
~ ~~ I ::;,'
I \ !<C "0 :-'j'')
\ "r -T,
~O ~ ?~:!J
;;0:;..(')
>\ >g w Om
, ~ ~
'-.. ,
, .s:-
& ~ -<
""
'-.t':"
~
~
t
-
t';~
i _~
"
~~
~
\,
~
~
~
_I
.1
"
~~~' v~,.".
~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
IiREAMER BROTHERS GLASS INC. 'I
1714 HUMMEL AVENUE
CAMP HILL, PA 17011
L ~
VS.
DEFENDANT: NAME and ADDRESS
Ii.E. GRANT CO., INC
342 WALTON STREET
LEMOYNE, PA 17043-2026
L
Mag. Ois!. No.:
09-1-01
OJ Name: Hon.
CHARLES A. CLEMENT, JR.
Addee" 1106 CARLISLE RQAD
CAMP HILL, PA
T,I'ph,", (717) 761-4940 17011
'I
R.E. GRANT CO., INC.
342 WALTON STREET
LEMOYNE, PA 17043-2026
~
Docket No,: CV- 0000465 - 00
Date Filed: '8/23/00
THIS IS TO NOTIFY YOU THAT:
Judgment:
[!J Judgment was entered tor: (Name)
[!J Judgment was entered against: (Name)
DRFAm.'1' JUDGM'F.II1'1' PT.TF
InlRlUofRR 'RRO'l'lfRRl'l ~T.J.l'll'l TN'r'
R R ~Rl\N"I' (".n.. TN'C'!
in the amount of $
(Date of Judgment)
Q04 14 on:
10/24/00
. .
o
o
o
o
o
Defendants are jointly and severally liable.
(Date & Time)
Damages will be assessed on:
Amount of Judgment $ 829.64
Judgment Costs $ 74.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 904.14
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
This case dismissed without prejudice,
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
days or 0 generally stayed,
l.evy is stayed for
o Objection to levy 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 JtlQGMENT'EIY FIL1NG A NOTICE
.... ... ^ '
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF IS TICE OF JUDGMENTIT S IPT FORM WITH YOUR NOTICE OF APPEAL.
10/24/2000
Date
" District Justice
I certify that this is a true and correct copy of the record of the proceedings cont
, District Justice
2002
SEAL
~~IlI'iI",II$~'i!I~~1 r\lrUIl~jllll,'t""!!lliI!!\l~l"liI\lI,\,~\~~~ ll!'l J ,IU n~I!!"I.,M,
:,<:,:',c,.:',,',_'-,,: ::,,:<,,:!-.
C~MO~WEALTH OF P~~N,sYLV~NI~,
'f""-" COU'~'OF COlI!IMONPtEAS
, I
",.f,:W'_'~)l,i~ ~,~ ~, ,- _} .-'+ :,~, [l!l~lJ' .~,lp~I~,~'~,~,._[,lH~~~~_P:~ Jg, ~',1t"1:t~~fii~~tz,
NOTICE OF APPEAl.
FROM
JUDICIAL 'DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMONPUASNo. <%1. "i?tJ9D 6/'J
NOTICE OF APPEAL
, ..
No6ce is giventhan~appeI~nthas, fi!edin'theabove Court of Common PI~ascinappealframthe,jud9ment rendered by the District Justice on the
dale and, in the case,~ bel"", .
":pfl.-
0:-1- D J
~I;~ME~~CI~ ~^~
STATE ' , ZIP CODE
J C
(Defendant) '''l
, ~1V AJ
!.",€,E~RJ+Arr c..& J AJ c..
Of APPEllANT
1. W~)..-rt)f0 Sr
i;:;:'I.j..: 00 IN E~( iff)
a.JM NO.
CV1lf4~5-00
LT 19 '
This b~ck wiUbe si9nedO~LY~nthisnoIQ6on is required under Pc. R.c.PJP, Nc.
10~&, '~".,', " "
This Notice. of ,Aptieai" when 'recei.ved by _the: District Justice, will .6perate as a
SUPERSEDEAS to the J"dgm..,t for possession in this case
aTY
va
SIGNATURE OF ~
HIS ATTORNEY OR AGENT
&.
Signature of Prothonotary or Deputy
If appe ant Was CLAIMANT. (see Pa, R.C.P.J.P. No,
1001 (6) in action before District JUStice, he MUST
FILE; A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
"
P!lAl<;lpE;;rO ENTER RULE TO FILE COMPLAINT ' AND, llULE TO FILE
(This section of form to be used ONLY when' appelfant was DEFENDANT (see Pa. R.C.P.J.P, No,
fF NOT USED, detaCh from copy of notice pf appeal to be seNed upon appelfee).
~- '-' '.' ", '. ~" - \" ':,. '... " .
PRAECIP,E: To Prothonotary, "
Enter rule upon " /4~a me Il, hlr6 (;, fa ~ 5 J N c-
, - Name of appeflee(s)
(Common Pleas No. ()(). 'iC>9tJ ~ ') within twenty (20) days after. ser
1001 (7) in action before District Justice.
~
. appel1ee(s), to file a comp~int in this appeal
RULE: To J4...'t' Q I'rI ~K. . !6flcf;C,It(( ~ tIC. ,llppellee(s).
, 'Name of appel/f3S(s)
~
Signature of ~ or his attotrieY or agent
(1) You are notifiecl that a rule is hereby ..,tered upon you to file a complaint in this appeal within twenty (20) days alter the dale of
service of this rule upon _ ' , ,,'_ ,_ ' '-" I service or by certified or registered l11OiI. _ ,,>,~ '
, (2) ~ Ya~~!~!l....,.,~,.~~.:istirne, aJU~NT OF NON ~.ROS WILL BE ENTERED AGAINST YOU.
(3) ~~,:<>f~~ ~~l$~'J:r~l<r.l \",.~f:' was by mail 15 the dote of mailing.
~;z lJ:\.., . ~ ~:- -1/._ ~'t~f' '';'- ..~
L./1 '.l:! ~J ~I.'~ ~ " ~, -t:..
Date: n .;; .;;p" ,~ \: Q~.,~,
1. """"" \ > l,j,.. ',; ~
f':J, 'c'i;' .,' ,l.~ ' _'
'f;~," " ~~'fi
~,,,r.,~;;,,:,,, .".~ l:i.,:<..ClV.
"11.;;.. ',"I,#i/""If'; _-'-,,; '; '('., _-.-'
,.':;CI1\~ ',' 1,.'1;, ' ,,~ti ~*!
, ..'t\'\\)~,~~"\~~",..",,,~'!j:"f.:'-
'" ,'"
~n/L
k ~.f~ '
~ s,gnahJre .~a_
"
AOPC312-84
COURT FILE
,.~",';.)-.'" :. .-,'
,~ ,.~'
',." '
':':'-,'".,-
','",.-"
''',,,,',,':.,,,
"i"-,,,~,o.ro:-_"',,,~,,",,,,"-,:,,:.,,,,,,",..',"J;ln,.,.-
,-"~''',
>-". "fO,"d ,,-
-'-.'
, '~""'_';"""~",;~.' _ ',""',.",,,,",," """"",J;,='.'M",,,~,"~';, "0" .."",",.*,,.-,' ",., ~_
~iO~*,~t!'ll:'7'-" _,-," ,,--<,"-;,,,\;qt0"'-t"i'~~t""_'!1"~~_k;:j'~?"'*'$'~\,*I~'i1!~~.,>:~~,,~_~!"!~;~,ftfi>t'%~~!!!"1'~~;;1!.,.~C ,,:,:;_l"~!f-';;1__~~~~~""'.::.,_ '_~"'_U-_t '<i'''''''!\iir~.i:-':, r,,"': 1); - - C.l, 111 L ".,J .^' \-.
..'~ '''''f''
PROOF OF SERVICE Of NOTICE OF APPEAL AND RULE TO FilE COMPLAINT
(This proof 01 service MUST BE FILED WITHiN TEN (10) DA YS AFTER filing the notice 01 appeal, Check applicabte boxes)
COMMONWEALTH OF I'ENNSYLVANIA
~
eQUIIITY OF
; $S
AFFIDAVIT: I hereby swear or affirm that I served
~ a copy.ot the Notice of Appj'at, Common Pleas No,OO ..~ 0 q6 ,upon the District ,Justice designated therein o,n
T"(date ot service) Jd::= 1 ~ .. e.o . 0 by personal service ~ by (certified) (registered) mail, sender s
recllPt attached hereto, and upon the appellee, (name) KR.B A-MIIP It,. ~<l ~ C;L. A-.c;.<;" 'ZJJct. , on
JJ...:: / 1 , ~_ 0 by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto.
Xi and turther thetl served the RUle to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on II - ~ 7 - co , 19~ 0 by personal service g! by (certified) (registered)
maii, sender's atteched hereto,
SWORN (AFFIRMED) AND SUBSCRiBED BEFORE ME
THIS .,J d ... ~ DAY OF ''/'\,...uy,.lJ.A. .iil~~
"'-'
',",-,-'
Signature of official before whom nfficti~i!..?P:s mad
~.....-.....:.!
Signature of affiant
-r C3 t,4lc...
Title of official
NOTARIAL SEAL
DIANNE LENIG No~ic
lemoyne Borough Cumberland Co. I
My Commission Expires Dec. 21,2001 I
My commission expires on
g CJ 0
0 --11
<;;;. Z
"U CD 0 '-~~i,~
lTlrTI ",J.C:
z::n N
~:;,: f" -:~)6
~L_ :..--j..:;-.!-
yC~ ::2 ," "
-~,-- - ,...
>0 _.,;~ Q-CJ
'70 S'? Om
)>c ""
'7 :.n ~
=:;
-< en -<
, ,~ n"'~Tn 'if" ",~ -'.'1" -~-,
- ,-. "c"-,;~,;~",,~,__,,,,',,\-,-",,'c", -,.,,:,.<,:~",'_,~,;.:".:;;,_ ,~,. '-"'''''{~Y_%,^_^,"":O;'l!T"WE,,~j.c'--''_'',_'''
'"
;~Ii-"~-""-'
L_
:-. t.-,r
'"
<;; SENDER:
'0 _Complete-lte'ms 1 and/or 2 for additional services.
'ii _ Complete items 3. 4a. and 4b.
cu _Print your narile and address on the reverse of this form 80 that'We can retum this
l!! card 10 you. _, _ :,'.
~ _::;~. this ,~r1!' 10 t~ front of the mall piece, or on the back ~f ~p~~_~ does,not
CD _Wri,le-Ret/Jm' 'Receipt Requested- on the mailplece below the article number.
= -The'Retl.irri: Aflceipt wi" show \0 whom h article wa& d6\\vQ\'ed ar.d the date
c del,iyere~, ,:':'
o
'0
~
a.
E
o
u
3, Article P,<:!iIless~d to:
Kreamer Bros. Glass Inr.
1714 Rummel Avenue
Cl'mriflill ,
PA
17011
5. Receiy,e
~
~
o
>-
.!!
.~
j{)9f~~
I/--(~ . /1- /1.&0
MMt 'filY /1-zn?O
~Ik- /1- )..).--a:>
II-/,)-t)~
//-/& -00
J/-/&-CO
-
I also wish to receive the
following services'.<fot~~ ..!.
extra fee): .. !l
1, 0 Addressee's Address .~
2. 0 Restricted Delivery .%
Cons~lt postmaster for fee,
.48, Article Number
()
8. Addressee's Address
and fee is paid)
nly if requested
,__~...._w
'S-
-
::-
=
-
-
-
-
-
-
-
:;
::...
z:>.
~
-
-
::...
-
s....
-
-
-
Domestic Return Receipt,
_L"',,,,_~ <~ ........ l"""I>',f;~ljjf,"",
'~~,
,,"';;
,)!*i
::':~~:
~~~I
,S~~!
:,~...s;
:~~i:>,~i
)i~i
..":~:
:~~:l~'.,
",;,:;:,
_..:.,~:
3~,
0~~!
-:,*.~j-
)~,
~*,I
:,~
$i:i
::':'\:-;'
:,:~!
':~:~~!
"
...~~..~ .--,--"'-- ___~> ~u __._~~
"&
(,J
I:'" v.> l>CJ
CIl .l:- t'll
51 t>>
0
'< '"
::l :;;:: i:tl
CIl '" >
i-' Z
..... H
0
"d ::l C')
> 0
'"
..... H
__ i"i ~:~:
~ rO' "J
....., CIl
o .....
.l:-
v.>
I
t>>
o
t>>
0-.
c
z
~
o
en
;;!
iii
"D
~
en
m
~
o
m
N
'tl
()
o
C;, Q,.
, CD,-
:1'5'
.~t~
hC"~
(')0--
"-)(
to;.
"
.,r:;>
..-;.>
. :>
.-1-,-\:
\a'
;1;5<l':!l
~(U~
iE'1 '5l.-
f'.-.']"
~' ;;:
''00!1:'', @l
0" -
'..
, ~
. ....~:iI.II."I"tJIM>~~iiBI\l$i~;il~.~ "'" l
",,,-\'w"~' 0,_ =,,,,"",~~;MiBi~!'Bii1Wl
~]"'~.l!lbili;-o;"";ff>l!diiJ,6~-i,,w;~""""""'",,'"':!:"'J!~""0--~,'~'--~'>":-',..4,..,-,",-',,"0-'
1ili1
.
-
~'l- ..
....
HE GRANT
COMPANY INC.
342 Walton Street
Lemoyne, PA 77043-2026
KREAMER BROS. GLASS INC.
Avenue
PA 17011
1714 Hummel
Camp Hill,
SENDER: I also wish to receive the
-Complete items 1 andlor 2 for additional services,
-Complete items 3, 48, and 4b. following services (for an
. Print your name and address on the reverse of this form 80 thai we can retum this extra fee):
oard to you.
-Attach this form to the front of lhe mallpiece, aren the back If space does nol 1, 0 Addressee's Address
-" 2. 0 Rsstrlctsd Delivery
-Wrile'Return RSCBipt AflquHfed" on the mallplece below the article number.
-The Retum Receipt will ahow '0 whom the article wa& delivered and the dens
delivered. Consult postmaster for fee,
3. Article Addressed to: 40, Article Number
Bros. Glass Inc. ~ o~o , '''' """
Kreamer 4b. Service Type
1714 Hummel Avenue o Registered fk Certified
Camp Hill, PA 17011 o Express Mail o Insured
o Retum Receipt for MefChandise o COD
7, Date of Delivery
5. Received By: (Print Name) 8. Addressee's Address (Only If requested
and fee is paid)
6. Signature: (Addressee or Agent)
X
1J
'~
..
'"
'Ii.
ii
..
a:
c
-
"
li
a:
0\
c
OJ
"
-
o
-
"
o
,.,
...
c
.,
s:
...
//
...
~
OJ
..
l!
~
..
5
c
o
'D
.!l
..
a.
E
o
()
-
"
o
,.,
.!!
PS Fonn 3811, December 1994
Domestic Return Receipt
u
0 Z ....
~
~ H QJ ....
r1J > " 0
'" 'm ~ OJ) C r---
~
"I :E ~ OJ) QJ ....
.'" -0:: :>-
a- '0 'dl ~ ..:l -0::
'" .~.~~ 19 -0:: r1J
"" .... 0_ rl '" '" '"
:eo:~ (J] QJ . U1
cv ~2 0 E8 E '"
'" () ro ro '" EO-rl ;'-0 ~ ~
~ c "
..0 . ~ '" ;:jN...... . 'i * S! ~ . a-
ll)...,. Q) . .
rT1 ::I::"".ri . ~
~ooc . " 1?~ ,~~ ~ ...,
~ 0- "'" 2~ ~ ~ (f) ov ~ Y' ~ . ""
01...... CD 0 ~ . " " _0 t5 t . "
N U)- g- E (f) .~ .. .9-<Il Xl ~ "
. .
- 0. 0) :a::l....::t. " g~ .%~ "
*.- g ~ <z.......~ E -l' .. il c . '"
a:B~o~W:l"5CO . ~ " "'.. ~Jl 0- " ..0
g> . .. 13 ~g~~ '" .
- 0 .0 ;! E rT1
Cl)- C c::p:: Il.lr-l'lilU ;;; " . " ii
(f) 0 0 Jl .:= 0 Ir. <'l <% . ~~ ~~ g
:::3 a: Z Q U'l 0- a: 0-
N
S66~ Iud\( 'OOSt ill)O" 3d
.
L~~~ ~.,."-.
},..,
Jr .
,-~;
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
Kreamer Brothers Glass, Inc.
PLAINTIFF
v.
Case No. 00-8090 Civil
RE Grant Co., Inc.
DEFENDANT
COMPLAINT
1. Plaintiff, Kreamer Brothers Glass, Inc. is a company doing business in the
Commonwealth of Pennsylvania with offices at 1714 Hummel Avenue, Camp
Hill, Cumberland County, Pennsylvania.
2. Defendant, RE Grant Co, Inc. is a company doing business in the Commonwealth
of Pennsylvania with offices at 342 Walton Street, Lemoyne, Cumberland
County, Pennsylvania.
3. On or about December 3, 1999,PlaiI1tiffprovided to Defendant, an invoice for
work performed by Plaintiff atDefenclant' s request. A tnie and correct copy of
the invoice is attached hereto and incorporated herein as Attachment I.
4. The terms of Attachment I form a binding and enforceable contract between the
Plaintiff and the Defendant.
5. Attachment 1 includes terms Ulider which Defendant is responsible for collection
agency fees paid by Plaintiff to collect the amount due on Attachment 1, finance
charges and other cost of collecting the amoUlit due on the Attachment 1.
6. Defendant failed and refused to pay the invoice.
7. After a reasonable period of time, on or about March 9, 2000 Plaintiff obtained
the services of a collection agency to collect the debt owed Plaintiff by Defendant.
8. Plaintiff was charged 727.58 in accordance with its agreement with the collection
agency for collection of the amount due under Attachment I.
9. Plaintiff has incurred $176.56 in other costs related to the collection of the amount
due under Attachment I including returned check fees, finance charges and other
costs oflegal proceedings.
10. On or about May 25, 2000, after being informed by the collection agency hired by
Plaintiff of the other costs for which Defendant was responsible and after
,~- -~
Ih~
I ~"'_ _
~ ~..,,-"'.
"
providing a previous check, which failed to clear its bank, Defendant paid the
original amount due to Plaintiff on Attachment I.
II. Defendant has failed and refused to pay the other amounts due to Defendant under
the terms of Attachment I.
12. Plaintiff is entitled to payment from Defendant of the costs it incurred in
collecting the debt owed to Plaintiff by Defendant.
13. Wherefore, Plaintiff request this Court to enter judgment for Plaintiff in the
amount of $904.1 4 plus the costs of this proceeding.
~cZ~
Kimber! 1\. Lamarca
Kreamer Brothers Glass, Inc.
,~=..b.
" ""'"
,1,_ _k
^.~
,"'~'=', " - _' .1 ,
...
jil,,;c',
.... .
jIff()chnwf7f I
~0'38~d ~,$S~[~~,~
Bros.
1714 HUMMEL AVE" CAMP HILL, PA, 17011
, (7' 7) 737-8717
~,:S, 000~ 6~ ~ON
Q) 56654
'~'.'--'.
4513 JONEStOWN RO:, HARRISBURG, PA,17109 '
, "(717)545'1930""".
T
o
'R fGp..4A1'/- (l.r,mp4-lJlf LJt'/
~ q -if 2.. I LJ A-I+c)/u ~ <,j.,
Lt7,mr)(jflt2 ) PCt-o /71'17':'=3
PHONE l~jmtUiM~\itii!k-
NO. ~l~!C.h .... 3VH.)
J
o
B
19~
frt;~::rm"ll
D;~5EO:/}?/~
OFtOeA TAKEN av
TAX
TE . CVSTOMEA'8 ORDeR NUMBER OR NAME
B
I
T T~RMS: NET \0 DAYS
E COLLECTION AGENCY FEES RE8PON81elLITY
O~ CUSTOMER
, FINANCE CHARa. '1h% PEA MONTH (la% ANNUALLY)
WlLL BE CHARGED ON ALL ACCOUNTS OVER 30 DAYS
JOB PHONE. : .l .~
· .UU!I
~ 1.1.''''1
'~..I'~ I
"I"
l:".~tt. .~....~.. ~ .*IU'. 1~~:~" .,~.
';'i..",1&. t. t'
~ .~ I
, "1 i''t 1.\"
:t. ,In II' . "\* ~ ',"
,- 'f t ,'~ ,1 ",~ . -,
l~ t" '~J' I~~.;'~ ~\~t'L.
\ ,
.
I' '''. -.l ~ t' .
11 ,11 Jr ~~a: ;:~,
~~~/~,l ~ ~. ~ ~.!\"
.
11
MATERIAL
OROERED
DA'N!. eOMP~~TEO
FJlOM;
BY!
'PIOIAL INSTRUOTIONIIl '
o INSTALLED
ClJ8TOM!A'1!l $1 NAME
0, NO ONE
HOME
THIS IS YOUR INVOICE
OEPOSITS ON SPECIAL ORDER ITEMS ARE NOT REFUNDABLE
ALL SALES FINAL
6l-/
/1</
(j)) l~,~" 1101/v..-
!ft
>:V20'd
STATEMENT COPY
SS~18 S~3H10~8 ~3W~30~
,-,S5,->:,-,-',-
0,:9, 0002-62-"
'~;it&'d1_~_~ii;ffi'~I'>lil~r\l;>M!I!<~I~!~~',l :-'j1""""'amlilil
"
L;!l~""""~
L
_. _" 0 "_~~ ~
"
'"
.
-
(') C) 0 1
c 0 -n
s:- o .-{
"00:: ,.., iiiFJ
mrn n
Z:J:J
z~ I :~g8
en .' en (j~.l>
':':::"c...
kG "U ::;-1 =r:
"-'--n
~o :x 01:1\
-0 r:? Of"
>c
Z Ul s:i
~ :n
(]1 -<
.
~~
1--
.
~""'--
.... .
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
Kreamer Brothers Glass, Inc.
PLAINTIFF
v.
Case No, 00-8090 Civil
RE Grant Co., Inc.
DEFENDANT
AFFIDAVIT OF SERVICE
On December 6, 2000, this Complaint was served upon the Defendant by me by
forwarding a true and correct copy of the Complaint to the Defendant by certified mail
with return receipt requested via the United States Postal Service.
~
oG~, '
Kimber . Lamarca
Kreamer Brothers Glass, Inc.
"
.J.
~i!._~w"'~ "' .~~~~Ifii~~~':b._"-'.'. - ---
-
.,-',
";wIii;!'Q t ~ .'~ -"'1Blii;1II " ,
" :H;"
^.
~~
2 C> 0
C> ',1
:;;:: 0 ~~ :r:
"1'JW '"
ITHTl :C'J ,,..-
Z:D , ~~~~8
Z~: 0" ,c J.
U)<'-?~ 1:::3(.,)
"<,--, -Z~~~~
t2CJ -0
~O ::;:
z. i'3 5,11
::pO --\
c: .' 5;
~ ()'1
eft '-<
.
....
1
"
'"c.il!id~ , 'lillll"
,
.
,
"-
.
L
"' .- < ,,,,,,,":
KREAMER BROTImRS GLASS, INe.
PLAINTIFF
IN TIm COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
,CASE NO. 00-8090
RE GRANT CO., INC.
DEFENDANT
CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST TIm CLAIMS
SET FORm IN TIm FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20)
DAYS AFTER TIllS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT
YOUR DEFENSE OR OBJECTIONS TO TIm CLAIMS SET FORm AGAINST YOU. YOU ARE
WARNED TIIAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A
JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE CO~T WITHOUT COMPLAINT OR
FOR ANY OTHER CLAIM OR RELEIF REQUESTED BY TIm 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 TIm OFFICE SET
FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY VENUE
CARLISLE, PA 17013
800-692-7375
~~_ ~ d
~
',,,,,,,,:c:
L
IN TIlE COURT OF COMMON PLEASE
FOR CUMBERLAND COUNTY
KREAMERBROTIlERS GLASS, INe.
PLAINTIFF
v.
CASE NO, 00-8090 CIVIL
RE GRANT CO., INC.
DEFENDANT
COMPJ.,AINT
1. PLAINTIFF, KREAMER BROTIIERS GLASS, INC. IS A CORPORATION OOING
BUSINESS IN TIlE COMMONWEALTH OF PENNSYLVANIA WITH OFFICES AT 1714
HUMMEL AVENUE, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA,
2, DEFENDANT RE GRANT CO., INC. IS A CORPORATION OOING BUSINES IN TIlE
COMMONWEALlH OF PENNSYLVANIA WITH OFFICES AT 342 WALTON STREET,
LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA
3, ON OR ABOUT DECEMBER 3, 1999, PLAINTIFF PROVIDED TO DEFENDANT, AN
INVOICE FOR WORK TO BE PERFORMED BY PLAINTIFF AT DEFEDANT'S REQUEST.
A 1RUE AND CORRECT COPY OF TIlE INVOICE IS A1TACHED HERETO AND
INCORPORATED HERIN AS A1TACHMENT 1.
4. TIlE TERMS OF A1TACHMENT 1 FORM A BINDING AND ENFORCEABLE CONTRACT
BETWEEN TIlE PLAINTIFF AND TIlE DEFENDANT.
5. A1TACHMENT 1 INCLUDES TERMS UNDER WIllCH DEFENDANT IS RESPONSffiLE
FOR COLLECTION AGENCY FEES PAID BY PLAINTIFF TO COLLECT TIlE AMOUNT
DUE ON A1TACHMENT 1, FINANCE CHARGES AND OTHER COST OF COLLECTING
TIlE AMOUNT DUE ON TIlE A1TACHMENT 1.
6. DEFENDANT FAILED AND REFUSED TO PAY TIlE INVOICE.
7. AFTER A REASONABLE PERIOD OF TIME, ON OR ABOUT MARCH 9, 2000 PLAINTIFF
OBTAINED TIlE SERVICES OF A COILECTION AGENCY TO COILECf TIlE DEBT
OWED PLAINTIFF BY DEFENDANT.
8. PLAINTIFF WAS CIlARGED $727.58 IN ACCORDANCE WITH ITS AGREEMENT WITH
TIlE COLLECTION AGENCY FOR COLLECTION OF TIlE AMOUNT DUE UNDER
A1TACHMENT 1.
9. PLAINTIFF HAS INCURRED $176.56 IN OTHER COSTS RELATED TO TIlE COLLECTION
OF TIlE AMOUNT DUE UNDER A1TACHMENT 1 INCLUDING RETURNED CHECK
FEES, FINANCE CHARGES, AND OTIIER COSTS OF LEGAL PROCEEDINGS.
,,_t
"~~
d'J
"""""_01'...-"",.
"
10. ON OR ABOUT MAY 25,2000, AFIERBEING INFORMED BY THE COLLECTION
AGENCY HIRED BY PLAINTIFF OF THE OTHER COSTS FOR WInCH DEFENDANT WAS
RESPONSffiLE AND AFIER PROVIDING A PREVIOUS CHECK, WInCH FAlLED TO
CLEAR ITS BANK, DEFENDANT PAID THE ORIGINAL AMOUNT DUE TO PLAINTIFF
ON ATTACHMENT 1.
11. DEFENDANT HAS FAlLED AND REFUSED TO PAY THE OTHER AMOUNTS DUE TO
PLAINTIFF UNDER THE TERMS OF ATTACHMENT 1.
12, PLAINTIFF IS ENTITLED TO PAYMENT FROM DEFENDANT OF THE COSTS IT
INCURRED IN COLLECTING THE DEBT OWED TO PLAINTIFF BY DEFENDANT.
WHEREFOR, PLAINnFF DEMANDS DAMAGES AGAINST DEFENDANT IN THE
AMOUNT OF $904.14, PillS THE COSTS OF THIS PROCEEDING.
//~,/?~ G-~
r::-:u A ~__
KIMBERLY LAMARCA
KREAMER BROTHERS<iLASS, INC.
1714HUMMELAVENUE '
CAMP 1llLL, PA 17011
(717) 737-8717
"~gO_~~
~m.r
Bros.
I
.=" ~ ~ ~~ ~ -,~, ~ -"_$!l<-i''-'
1714 HUMMEL'AVE~:13~p'HiLL, 'PA:-17oii-.~rTf"'\''''''\''SS6-S''}''~'l!!'li!
. (717) 737-8717 ~. . ..' . :';'.~~
.~
"
4513 JONESrOWN RD;, HARRISBURG.PA, .1.7109 .
(717) 545.1930
Ot;~EO: 1;:</...3 /97"
l
11 f. (; f2.4/J-I- (Y,r-,tYJp4N <1 ~~
~3Lj.2. WI+I-I--oN <~I-.
J....CjY]r-1(jfJt2 ) p&. 17(i'7(1
PHONE. '" .' .,.,
NO. 17Cf""' CJ/395
J
o
B
, 0..4/0 ...5--f6R.€
/-127 /E"M7' /l?4/1
D
ACCOUNT #
ITEM #
S
I
T TERMS: NET 10 DAYS
E COLLECTION AGENCY FEES RESPONSIBILITY
OF CUSTOMER
FINANCE CHARGE 1%% PER MONTH (18% ANNUALLY)
WILL BE CHARGED ON ALL ACCOUNTS OVER 30 DAYS
JOB PHONE '"D~~-~~'-_;;;i:::;':q<Ji
:',~}Fr, V::~'!1~;'~~~l-' ,:.;>ti?$~-
'. PRICE:;" ,,"'''.' /AMCiUNT::i,,/~
T
o
ORDER TAKEN BY
CUSTOMER'S ORDER NUMBER OR NAME
Go (A.55
J
FROM:
BY:
SU"'TDTAIc;
-':;;:':.~-'y~' '- ~'-
SPECIAL INSTRUCTIONS:
o INSTALLED
PA
SALES TAX
MATERIAL
ORDERED
o
CUSTOMER'S SIGNATURE
ONO ONE
HOME
THIS IS YOUR INVOICE
DEPOSITS ON SPECIAL ORDER ITEMS ARE NOT REFUNDABLE
ALL SALES FINAL
t7: t/
(Jp /e~J( Or, ;') 0:;) 'v.-
!)
STATEMENT COPY
..~
/1T};;pO/l/J/FYJ./7' /
~,,--,'I
~
UUlio,~".
.
.
VERIFICATION
I, Troe~ ComeJ VICE-PRESIDENT OF KREAMER BROTHERS
GLASS, INC., BEING AUTHORIZED TO DO SO, VERIFY THAT THE STATEMENTS IN
THE FOREGOING DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION AND BELIEF.
I UNDERSTAND THAT ANY FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA.C.S.A. SECTION 4904, RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
KREAMER BROTHERS GLASS, INC.
DATE: <6-~3-0 1
~a'C~U1~ (J
NAME: \~<!.-'1 A Qj'.l<;!'SE L
TITLE: VI Q. c; PR-e::, 102' rJl'
,~_",..J~ ~
I
, I
......L-.-.;,Wt-"'~
~
.
IN TIlE COURT OF COMMON PLEAS
FOR CUMBERLAND COUN1Y
KREAMER BROTIIERS GLASS, INC.
1714 HUMMEL AVE
CAMP lllLL, PA 17011
PLAINTIFF
v.
CASE NO. 00,8090 CIVIL
RE GRANT CO., INC.
342 WALTON STREET
LEMOYNE,PA17043
DEFENDANT
AFFIDAVIT OF SERVICE
ON ~ -b13 - 0 I . TIllS COMPLAINT WAS SERVED UPON TIlE DEFENDANT
BY ME BY FORWARDING A TRUE AND CORRECT COpy OF TIlE COMPLAINT TO TIlE
DEFENDANT BY CERTIFlED MAIL WITH RETURN RECEIPT REQUESTED VIA TIlE UNITED
STATES POSTAL SERVIl;E.
~~~
KIMBERLY A CA
KREAMER BROTIIERS GLASS, INC.
.-"j
, ~ I ^ ,,- , -.,
P_' < . ~o, " : c_
,--,,',_T__'
--,.";-'-,',..
.
-- .
-- .
KREAMER BROTHERS GLASS, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
RE GRANT CO., INC.,
No. 00-8090
CIVIL ACTION
Defendant
CERTIFICATE OF SERVICE
I, Anthony E. Marrone, Esquire, attorney for Plaintiff, RE GRANT COMPANY, INC.,
hereby certify that I have caused a true and correct copy of the Plaintiff's Answer and New
Matter to be served by first class mail, postage prepaid, on the date set forth below, upon the
Defendant:
Kimberly A. Lamarca
Kreamer Brothers Glass, Inc.
1714 Hummel Avenue
Camp Hill, PA 17011
Dated: 12 September 2001
Cl-\j; q, 'ffiCJJ\l\ oJ{
Antho~E. Marrone, Esquire
~
I.~~
"~
~. .
.
-
?,." ~o '-'_ ,'~_
'd, '"'_'7,_,,"_,
.
-
~.
~--
,.
~ -, ~ ~-~
o
<;::;
'"
-055
lT1 rT;
:Z::L
~3:~
~c,:
~;C:
~O
J:::'C
?
~
c-='
(/)
l"'"
"'0
.
Q
'-Y1
""
,
,,\-n
,,,
.;,~-
~~?, (~)
'""
~
~i_;~
C)'
~.
-
"'"
-=<
N
.,
U1
OJ
~
'_';...0,.1
--~ ',,-,,'
:.,1::, ~_ ,__
~-c,_-, .
;,-.,"
~ '" "'-"-'
,J..~-; J:;;,-_~.. .'"y. - ",.:-:~~- '--.:;"'_-:,~-, ;f~(-;-L:\';";;:'-;:7';J;'i;{':;~f'--'
.
-
KREAMER BROTHERS GLASS, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
RE GRANT CO., INC.,
No. 00-8090
CIVIL ACTION
Defendant
NOTICE TO PLEAD
TO: KREAMER BROTHERS GLASS, INC.
You are hereby notified to file a written response to the enclosed Answer and
New Matter within twenty (20) days from service hereof or a judgment may be entered
against you.
Dated: Id ~'oL-, 2001
t \Y)
William . Miller, Jr., Esquire
Anthony E. Marrone, Esquire
MILLER & ASSOCIATES, PC
1822 Market Street
Camp Hill, PA 17011
(717) 737-9211
(717) 737-9215
10 No. 07220 and 48182
KREAMER BROTHERS GLASS, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v,
RE GRANT CO., INC.,
No. 00-8090
CIVIL ACTION
Defendant
ANSWER AND NEW MATTER
Defendant, RE GRANT CO., INC., (hereinafter referred to as the "Defendant"),
through its attorneys, MILLER & ASSOCIATES, PC, answers the Complaint of Plaintiff,
KREAMER BROTHERS GLASS, INC., (hereinafter referred to as the "Plaintiff'), as
follows:
1, Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegation as set forth in Paragraph 2. of the Complaint
and the same, therefore is denied. Strict proof is demanded at trial.
2. Admitted,
3. Denied. Defendant avers that Plaintiff did not provide an invoice to Plaintiff
until after work was performed by Plaintiff.
4. Denied. Defendant avers that Defendant never agreed to the terms as
set forth on the invoice.
5. Denied. Defendant avers that Defendant never agreed to the terms as
set forth on the invoice.
6. Denied. Defendant avers that the invoice was paid on 5 May 2000 by
Defendant's check number 10838 in accordance with the agreement between the
< ~ <
- _' 0'_',
- __-,] _'<. -1-
'~
.-"-,--">.-'~__,. _0 __-"_'L<,;;;___,o,;_'--:.",,
parties.
7. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegation as set forth in Paragraph 7 of the Complaint
and the same, therefore is denied. Strict proof is demanded at trial.
8. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegation as set forth in Paragraph 8 of the Complaint
and the same, therefore is denied. Strict proof is demanded at trial.
9. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegation as set forth in Paragraph 9. of the Complaint
and the same, therefore is denied. Strict proof is demanded at trial.
10. Denied. Defendant avers that on 25 May 2000 by Defendant's check
number 10838 dated 5 May 2000 was replaced with Defendant's check number 1083 in
accordance with the agreement between the parties. Defendant further avers that
payment was made by funds authorized by the Bankruptcy Court.
11. Denied. Defendant avers that on 25 May 2000 Defendant made full
payment in accordance with the agreement between the parties.
12. Denied. Defendant avers that it never agreed that the costs of collection
incurred by Plaintiff could be collected by Plaintiff. Defendant further avers that any
language contained on the invoice was an improper attempt to modify the agreement
between the parties which was not agreed to by Defendant.
WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's
-2-
",",,'--,",,-,
1-
"'..'""'-
, ,-, --,,' -,. ',1;;;""",-1",< ",_"<" ;''- ~=s""'-- --!-~:~_ ;,;':'-,,,'_'0;"-_,;',,";;-,,- ;,-,;,,_
Complaint against it, and enter judgement in its favor, including reasonable attorneys'
fees and costs of suit, and any further relief this Court deems fair and just.
NEW MATTER
13. Paragraphs one (1) through twelve (12) of Defendant's Answer are
incorporated herein as if set forth in full.
14. Plaintiff has failed to state a cause of action upon which relief can be
granted.
15. Plaintiff originally filed a Complaint without a Notice to Defend on or about
6 December 2000.
16. Plaintiff filed a new Complaint on or about 23 August 2001 with a Notice to
Plead but which contained allegations different from the allegations contained in the
Complaint filed on or about 6 December 2000.
17. Plaintiff improperly filed an Amended Complaint without seeking either the
consent of Defendant or leave of Court in accordance with Pa. R.C.P. NO.1 033.
18. Plaintiff's Complaint fails to conform with Pa. R.C.P. No. 1033,
19. Plaintiff failed to file a proper Complaint in this matter in accordance with
Pa. R.C.J.P. No. 1004 and Pa. R.C.P. No. 1037.
20. Plaintiff's claim is barred by accord and satisfaction. Defendant rendered
payment in full to Plaintiff which was accepted by Plaintiff.
-3-
~ ""~,,
"- '
,. -''-'.--~-: ;:,,:Pl'>>- ~-,___'-.- d,j <_:-~'.>"_. .- ,. _.'-,,' - ,,, . _-_,. "", ,-..; --~ --M, ---';~, _,.",,:; ~ ;-,,;'J,-~ "_n",__ "c' - ,,;--,;__:,';;-,:,-,~:;~_::->_'-;,_";,;:-~'::~,; ';1:~,:,~">:/-;1';,;r;~;::~:: ,,':
. _.,c__
21. Plaintiff's claim is barred by failure of consideration in that Plaintiff
improperly attempted to modify the contract between the parties and that such
modification was not supported by consideration.
22. Plaintiff's claim is barred by the statute of frauds in that any agreement to
pay collection costs and other costs related to the collection of amounts due was not
set forth in writing.
WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's
Complaint against it, and enter judgement in its favor, including reasonable attorneys'
fees and costs of suit, and any further relief this Court deems fair and just.
Dated: \'aSt.~~'Q.t(~OO\
(L~iJ 1(. '<<laN\<1'--\
William . Miller, Jr., EsqUire
Anthony E. Marrone, Esquire
MILLER & ASSOCIATES, PC
1822 Market Street
Camp Hill, PA 17011
(717) 737-9211
(717) 737-9215
ID No. 07220 and 48182
-4-
',', ':,;;;-,-,
- ", ---"-~-;f.s-;:r:-:~;""';-
,^,':-'
.
.
VERIFICATION
The undersigned, ROSEMARY E. GRANT, hereby verifies and states that:
1. She is President of RE GRANT COMPANY, INC., Plaintiff herein;
2. She is authorized to make this Verification on its behalf;
3. The Facts set forth in the foregoing Answer to Defendant's Preliminary
Objections are true and correct to the best of her knowledge, or information and belief;
and
4. She is aware that false statements herein are made subject to the
penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities.
Dated: 12 September 2001
/
. GRANT, President
-5-
c,~,,";" c
_,~__I'-'-i, .---v _ ,i'-*",
~ ~- ~-
- ,",~
,- ( ,:,-',~ -~-;;
<."'
'",u"
-;".VJ,J'
'^
."--'
'<'I;";:';.,:. '<~-
", " ,~;;-->-
- ~---U',';;-I
,-
,~,-,
;",,,,,"" d
~."-
- ~ '
(') C:> 1::J
C .-n
?; en
"'OCG ,....i '-'"1--"1
S2~I} '"0 ; \~
~~?: .;;\;
,-v r~"~'-\
,jl-~
-r::r~ ::'_:_~~'
~.-.." -0 -<I
Z () :;;::: (:_:~ (c<")
~ C) r:-:> r\\
S; ~.
_':1
L-, ~1'l ~
~ -'"'
co :<
"
,
:'~
-,,"
._ ~. "J
. ~ .
~ ~""""" r' .,~
.... ,
KREAMER BROTHERS GLASS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
v.
NO. 00-8090
RE GRANT CO., INC.,
Defendant
CIVIL ACTION - LAW
PRAECIPE TO ENTER APPEARANCE
Please enter the appearance of Law Offices Stephen C. Nudel,
PC, as attorneys for Kreamer Brothers Glass, Inc.
LAW OFFICES STEPHEN C. NUDEL, PC
Date:~ 2./,;z.cb1
tJ,
St phen C. Nude, Esquire
A torney ID #41 03
Mark W. Allshouse, Esquire
Attorney ID #78014
219 Pine Street
Harrisburg, PA 17101
(717) 236-5000
~~.-><'<;h.-~"'--
....-
;;;f.
~
KREAMER BROTHERS GLASS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
v.
NO. 00-8090
RE GRANT CO., INC.,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in
the United States Mail, first-class, postage prepaid, at
Harrisburg, Pennsylvania, as follows:
Anthony E. Marrone, Esquire
Miller & Associates
1822 Market Street
Camp Hill, PA 17011
LAW OFFICES STEPHEN C. NUDEL, PC
Date:~+Z()2COI
~aJ , 0 \ C1Q~,li)O
Mar W. Allshouse, squire
219 pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorney ID #78014
Attorney for Plaintiff
,
~"MIo.~~_,...,,,,,,",~ ..~, __"
.
"
l..-L '._"''1'
KREAMER BROTHERS GLASS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
v.
NO. 00-8090
RE GRANT CO., INC.,
Defendant
CIVIL ACTION - LAW
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND NOW, comes Plaintiff, Kreamer Brothers Glass, Inc., by
and through its attorneys, Law Offices Stephen C. Nudel, PC, and
files this Reply to Defendant's New Matter as follows:
l3. Denied. Paragraph l3 is a paragraph of incorporation
to which no response is necessary. By way of further response,
the averments contained in Paragraph l through l2 of Plaintiff's
Complaint are hereby incorporated by reference as if set forth at
length.
l4. Denied. Paragraph l4 of Defendant's New Matter is a
conclusion of law to which no response is necessary.
l5. Admitted.
l6. Denied. To the contrary, the allegations contained in
both Complaints filed by Plaintiff are identical.
l7. Denied. The averment contained in Paragraph l7 of
Defendant's New Matter is a conclusion of law to which no
response is necessary.
..""d..~",,~~
~~~
.~_.~
r~ ;',;.0/;1.
18. Denied. The averment contained in Paragraph 18 of
Defendant's New Matter is a conclusion of law to which no
response is necessary.
19. Denied. The averment contained in Paragraph 19 of
Defendant's New Matter is a conclusion of law to which no
response is necessary.
20. Denied. The averments contained in Paragraph 20 of
Defendant's New Matter are conclusions of law to which no
responses are necessary. By way of further response, at no time
did Plaintiff accept the partial payment by Defendant as payment
in full.
2l. Denied. The averment contained in Paragraph 21 of
Defendant's New Matter is a conclusion of law to which no
response is necessary.
22. Denied. The averment contained in Paragraph 22 of
Defendant's New Matter is a conclusion of law to which no
response is necessary.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court to enter an Order on behalf of Plaintiff and against
Defendant in the amount of $904.14 plus interest, costs of suit
and attorneys fees.
,
ri1~",-..w-~ "',.,
, -.I
~~
~,
Respectfully submitted,
LAW OFFICES STEPHEN C. NUDEL, PC
Date: '1/;}8/DI
~j uJ ~A't
St phen C. Nudel, Esquire
At orney ID #41703
Mark W. Allshouse, Esquire
Attorney ID #78014
219 pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorneys for plaintiff
~""'-
..
.
.1l,_""",,,_,,
KREAMER BROTHERS GLASS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
v.
NO. 00-8090
RE GRANT CO., INC.,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in
the United States Mail, first-class, postage prepaid, at
Harrisburg, Pennsylvania, as follows:
Anthony E. Marrone, Esquire
Miller & Associates
1822 Market Street
Camp Hill, PA 17011
LAW OFFICES STEPHEN C. NUDEL, PC
Date: Cf(2.3(tl1
~ J fA)' n. Q0.D~O.llk.-
Mar W. Allshouse, squire
219 pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorney ID #78014
Attorney for Plaintiff
,,_"'....L~M
_."~"
,_ I
d!,
M_",_.......~"
-. ~ "
-~--
VERIFICATION
I, J ~~. Co&"'l,ej_ VICE-PRESIDENT OF KREAMER BROTHERS
GLASS, ., BEING AUTHORIZED TO DO SO, VERIFY THAT THE STATEMENTS IN
THE FOREGOING DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION AND BELIEF.
I UNDERSTAND THAT ANY FALSE S'TATEMENTSHEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA.C.S.A. SECTION 4904, RELATING TO
UNSWORN F ALSlFICATION TO AUTHORITIES.
KREAMER BROTHERS GLASS, INC.
DATE:
~ C. rL/7A.f/
NAME:-rr ~ A. Cos~l
TITLE: 'VIQQ... Ple-S 1 ~