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Home My WebLink About01-1639 FX .- SNELBAKER. BRENNEMAN 8 SPARE A PROFESSIONAL CORPORATION AITORNEYS AT LAW 44 WEST MAIN STR.EET MECHANICSBURG, PENNSYLVANIA 17055 P. O. BOX 318 FACSIMILE (717) 697.7681 RICHARD C SNELBAKER KEITH O. BRENNEMAN PHIUP H. SPARE 717-697-8528 August l5, 200l James M. Robinson, Esquire Turo Law Offices 28 S. Pitt Street Carlisle, P A 17013 George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto, P. C. Ten E. High Street Carlisle, P A l7013 Re: McCorkel Construction Services, Inc. v. Blessings Quality Painting No. Ol-l639 Civil, Cumberland County, Pennsylvania Dear Gentlemen: Enclosed please find a Notice of Hearing scheduling the above matter for arbitration on Thursday, October 4, 200l at 1 :00 p.m, in the Second Floor Hearing Room in the old Courthouse, in Carlisle, Pennsylvania. Yours truly, Keith O. Brenneman KOB/sz Enclosure CC: Shaun Mumford, Esquire (w/enclosure) Douglas Lovelace, Jr., Esquire (w/enclosure) '".", ~""_",""7 -- .-"" ",-,- -. T ': ' . '"~~~r ,~- SNELBAKER, BRENNEMAN 8 SPARE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 P. O. BOX 318 FACSIMILE (717) 697-7681 RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHIUP H. SPARE 717-697-8528 August 9, 200l Shaun Mumford, Esquire 3510 Trindle Road Camp Hill, PA l70l1 Douglas Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, P A l7013 Re: McCorkel Construction Services, Inc, v. Blessings Quality Painting No. 01-l639, Cumberland County Dear Gentlemen: We have been appointed arbitrators in the above case. 1 am enclosing for each of you copies of the pleadings. My secretary, Susan, will be in contact with you in order to obtain several dates convenient to our calendars to hold the arbitration hearing. Yours truly, Keith O. Brenneman KOB/sz Enclosures "'~,." , ~'-.', ~ -~ ~ ~ ,,_'" '""'~-^-o"_. ,"p., -1"';'""", -r ..." "" ''l':' _ , _ ",C ',', ';' ;" ,,;" ~, 'I .. MCCORKEL CONSTRUCTION SERVICES, INC., Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO.01- 11...17 CIVIL TERM v. BLESSINGS QUALITY PAINTING, Defendant :COLLECTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 !Il -- - " I 1 . , . MCCORKEL CONSTRUCTION SERVICES, INC., Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01- JI,Yj CIVIL TERM vi. BLESSINGS QUALITY PAINTING, Defendant :COLLECTION COMPLAINT 1. Plaintiff, McCorkel Construction Services, Inc., formerly McCorkel Homes and Remodeling, has a principal place of business at 1405 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Blessings Quality Painting, has a principal place of business at 5 limekiln Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about July 12, 2000, the Defendant provided to the Plaintiff an invoice detailing work to be performed and the cost for that work at Chainsaw Road. (Exhibit 1) 4. On or about July 2000, the Plaintiff provided the Defendant with $2,920.00 as partial payment for the verbal contract. 5. On or about August 2000, the Plaintiff provided the Defendant with an additional payment of $2,000.00 for a total paid amount of $4,920.00. 6. The total contract price amount for services was $6,690.00. 7. The paint contracted for was flat paint or stain. 8. The Defendant was advised in a timely manner that there was a deadline for the painting to be completed and that violation of the deadline would result in financial penalties to the Plaintiff. 9. As the deadline approached, the Defendant was advised that completion of the job was required; the Defendant absented himself from the Chainsaw Road job site. 10. The Defendant failed to complete the contracted painting for the Chainsaw Road property. - n.;~ '"_'~"_,.c_,u_, _".' ~~- ,_" ",. "-_,_~, ,-,"I~rq -. :.,- ~, " . .. - '-" - "',r' ''', ,,_=_, _ r _,. ". . , ' 11. The Defendant refused to perform in a timely manner and thereby the Plaintiff faced potential penalty costs at $1,000.00 per day for delay. 12. As a result the Plaintiff substituted men from Plaintiffs construction crew to paint and sand until the Plaintiff could employ a professional painter to complete the work that Defendant refused to complete. 13. Plaintiffs substitute employees were pulled from their routine duties to paint and sand; therefore, Plaintiff lost $2,446.50 worth of construction work due to the substitution of employees. 14. Plaintiff employed a professional painter, Ronald Smith, to complete the Defendant's work at an additional cost of $2,868.00. 15. The Defendant's failure to report to the property and complete the work contracted for in a timely manner breached the contract. 16. As a result of the Defendant's breach of contract, the Plaintiff incurred $5,314.50 increased cost to complete the same job as Defendant contracted to complete. WHEREFORE, for all the above reasons, the Plaintiff, McCorkel Construction Services, Inc., requests judgment in their favor in the amount of $5,314.50 plus interest and cost of suit. Respectfully Submitted TURO LAW OFFICES . ~~olo/ Date ~ n Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ub uO OS:50a ..Joe McCorkel [717J 243-3822 p...:J , . . nall..MIt ~ IlprIIy ........ -...- CALL ('111) ""214 Blessing'. ~=;~Uty Painting ,1MIICIUt IlQaD' CIoIlU8U, PJIl171l1' lJ TO: 7Yl C c..o\ kft \ \-le""'l.. <) NOS '2ilT\lNr' I'l'PI\ ~J. f;'or1:sle. PQ, nO/3 p. IIIVOICE DATE ,. ~-Oo .108 HAME: CUI!. '-'!I._. I......... , . =......-.. ~ ."",,"," D..C....,.."'... v.... lI'_telr I.. ,. t,.-- --.,.- C'~ ft- - ~ j;~: )~ ~ t :,.... -1 ._R7~ ?{':'.l,~.= 4w 1 . · ^.I ,. 1"':="'" ~ ..; .:c....~f'.Ol<. I 11. , ._, I "_' ,. "- ,""~~~ --..'- -. - ~ kt ~J - .~~~ .-~~~~'1~:~"!" i ~tr.~,!:" ~-,-;-....,-,j";~ . €"~ ,....; Lt.. j -~' il = ~ .~ f\:jO.t..c- (",.(,.. .~... t;k .'\r ',^ ... f:..t.~ J.:. ' II ~ . I . - . '"=--~.. .- . -:-t .. ...".", "'i' "',,'h!.h _ =~~ Ik.. ,~<...".,~ "..L._ ~:'-=fb~, ~-4:!!:, /",l_L_.. ...~- 4 r., ~ ~~ f! '" t: --I~~.~"'C-:1 ~:~ --~.. '."C:'"'''':;''''' rill... L>>",+ +1",;"" !!!./'IJ. H-...!"c: J. ."i.b :"_l _ r . "', ;~ \'~ ~fi--. ~ ~ . ~ .--... ,!: ......~ ~ [: _~ ! r'J... ~-_. {e ,~ -=::=. -'_."~.'-' f ,,-- :-t- ...... -D_ ----::-..............---i ~;".t~ OrG" , I ~e,~ .;:""-C ~-~ ..; ~ -:.. ~ , ~ R'f.eo---:......."- @,.=h,,=-.,,, fL.i.r- i EXHIBIT TOTA&. 58'~o. ~ ;; 1.. jj , '-.' -~> ~~- ~ - ' 'I' ~ ~ . . VERIFICATION I, Ron Turo, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of the facts contained in this Complaint and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. stcJ/u1 Date ~.. Ron Turo, Esquire ~ i;iI ~o ." " ,", ,,, " "P'<'_ ....,,~< ~ __--.l'l~l1IitI!!lf!W,!Aif1'.1' "l ,,~_,. ,_ h, -" -- .. ,- ~__'TI= ~."." '.~' .. '"'" "'-",__.r __c_" __ __ '(0(::) .~ .eq ~~ ~ & h. ........ tv 8 d- ~ f' ~ I ...... p? O? S ~ '+ J "'I"' ....... l :m 'nT.if i""l" o ::? <;:;, -- >- .:~;:;. -Uti:) ':..,..... ~" .~, ~ ::1C 2;C,:' ~. ~~c' ;;? ;p <:;;, !:~ ~-!. -~ . t:j l~ ,};:' ( -. ;r-:., -:u :.< _,fY;f-E-~...flfN;,j.ij!ji$i;f?'~:"","}",jSf~0'-~"'~"",;;,!~~!W~~!!~F!~~(w~!'ffl'!~~~ " MCCORKEL CONSTRUCTION SERVICES, INC. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : NO. 01-l639 : CIVIL TERM BLESSINGS QUALITY PAINTING: Defendants : COLLECTION ANSWER AND COUNTERCLAIM I. Admitted. 2. Admitted, 3. Admitted, 4. Admitted, By way of further answer, the terms of the verbal contract were confirmed in writing and are consistent with the terms set forth in the invoice dated July 12, 2000 identified as exhibit 1 of Plaintiffs Complaint. 5, Admitted in part. It is admitted that on August 29, 2000 the Plaintiff provided the Defend!lIlt with an additional payment of $2,000.00 for services rendered pursuant to the terms set forth in Plaintiff s Exhibit 1. By way of further answer, the parties agreed to a modification of the original terms of their agreement whereby three coats of paint and stain were to be applied instead of two coats, which had been originally agreed. The additional cost for the third coat was $850.00, This agreement was memorialized by the invoice dated August 29, 2000 a copy of which is attached hereto !IIld incorporated herein and designated as Defendant's Exhibit l. 6. Admitted, 7, Admitted. 8. Denied. It is specifically denied that the Defendant was advised in a timely manner that there was a deadline for the painting to be completed. By way of further answer, the Defendant was 0>_ "__, . , ' 1- ~ ,,- "~--- - ~- , " only advised of any deadline only one to two weeks before the home was to be completed pursuant to an alleged contract between Plaintiff and the homeowner. 9. Denied. By way of further answer, Defendant had advised the Plaintiff that it was impossible for him to complete his painting work until the house was properly trimmed. The trimming process began on July lO, 2000 and was not finished until the last week in August, a period when the Defendant painted rooms as the trim work was finished in each room. The Defendant also informed the Plaintiff and his other employees of the absolute need to have work completed in the home prior to brushing interior polyurethane as that process requires a completely dust free enviromnent to be performed properly. At no time did the Plaintiff provide the Defendant with such an enviromnent in which to complete his work. lO. Admitted in part, denied in part. It is admitted that the Defendant failed to complete the contracted painting for the Chain Saw Road property. By way of further answer, Defendant was advised on Thursday morning September 7, 2000 by Susan McCorkel, that he was forbidden from returning to the job site and that he would be arrested ifhe reported to the job site. At no time did the Defendant refuse to perform his work pursuant to the terms of the agreement. l1. Denied. It is denied that the Defendant refused to perform his work in a timely manner. By way of further answer, Plaintiff and his employees took approximately six to eight weeks to trim out the house, a process that normally takes one to two weeks. Plaintiff would have been in a position to satisfy any deadline that he imposed upon himself or was imposed upon him by a separate contract if the Plaintiff and his employees had completed their work in a timely fashion. l2. After reasonable investigation, the Defendant is without knowledge or information to form a belief as to the truth of the averment and it is therefore denied. 13. After reasonable investigation, the Defendant is without knowledge or information to ,1~i.... - '" ,--,-,~" ,- 1-', ~, . 1<--, ' I' ~ " form a belief as to the truth of the averment and it is therefore denied. 14. After reasonable investigation, the Defendant is without knowledge or information to form a belief as to the truth of the averment and it is therefore denied. l5. Denied. It is denied that the Defendant breached the contract. By way offurther answer, any failure that the Defendant had to report to the property to complete his work was due to the specific instructions he received from the Plaintiff by Mrs. Susan McCorkel who advised him that he was forbidden from appearing on the job site and would be arrested ifhe reported to it. l6. After reasonable investigation, the Defendant is without knowledge or information to form a belief as to the truth of the averment and it is therefore denied. WHEREFORE, for the reasons said forth above, the Defendant requests that the Plaintiff's Complaint be dismissed, COUNTERCLAIM 17. The Defendant incorporates by reference the averment set forth in Paragraphs 1 through l6 of his Response to New Matter as iffully set forth herein at length. l8, Pursuant to the terms set forth in the Defendant's invoices dated July 12, 2000 (Plaintiff s Exhibit 1) and August 29, 2000 (Defendant's Exhibit 1) the Plaintiff was to pay to the Defendant an amount of$6,690.00 for materials and painting services rendered. 19. The Plaintiff made two installment payments toward satisfying this amount. These installment payments totaled $4,920.00. 20. The Plaintiff still owes the Defendant an amount of $1,770.00. 2l. The Plaintiff s unilateral action of banning the Defendant from the job site was the only reason that the job could not be completed. ;'>C' _ _"" ~",", .".'-'O-,r', - -.- , ,- o'~- . ""1- ','- . f-' " , '. WHEREFORE, for the reasons set forth above, the Defendant requests a judgement from this Honorable Court in the amount of $1.770.00, plus interest and costs of suit. Respectfully submitted, Date: '//17 ! () ) \~11 -r. " , ~., _ .~, r-'" , ~-, .--_... _._~.'- --~~,_,,_,~-,"---:'-"'-'-"~~"."'7C:------'---'''~' c.- , _'~r ':_ ~.-_-_,__ ,~~".,-...--'" ?~ ,;"~: '~" '_';-""~ j -",,-~..;;i -':-.'~"t-f<'- :: ..,~.- -'~Y',-'_":'''""'__~.'"..."-r:--u,,_ ,_. ,- '~'.' ~. .. .., "".' .. - ~ " , Residential Commercial Spray Painting Roof Painting CALL (717) 258-1274 Blessing's Quality Painting tl 5 LIMEKILN ROAD. CARLISLE, PA 17013 TO: 1m ii' / fI \ Cc..O\l<<2: 1--10('"\(: ') I y.O 'S" L, fY1f'\Q,rn",'I K 1. ~o.(l:<:;1c p, 1101<:, INVOICE DATE '8.;J,S'OO JOB NAME: CUST. ORD. NO. I DATE I SAL.I:SMAN TERMS F'. 0... DATE SHIPPED VIA PPD. COt:' QUANTITY UNIT AMOUNT DESCRIPTION PRICE "-.. ."< nVvJ Cor.. 54r" <.1 '~I"\ 0(', cho' ~ e i c,(.v ~ ,,\pslc,( ') -:<L(\~q\,oc '\:' (c J I ~ 1<.; II \" .\- u-l" """.j.'5 ..,... - \' ) D' I /i-Il r;/ eX) (" ~0 he' , <::ec (( j G)~... s.k c -'':;J T ( ,'fY\ . rc ,c.; / ~ C Oc. ~ <:;' '-) Ck",r 0 4 rG(h ) ("",15 I ( I tlf\" Cr GW~ C.ha ',r- rrro nlocrc f}" ^/ok I. , , ~xA'm \, Goek )"h(,Juc--"" 0(.;' , , " ", I C J. ("o,,;:-k .(:'IC"'~ 00,' ;j "J6roc C' , her ^ \ Tr,';..., -+" P"'."1,,,J '( r\ 0'" rc( ,<?, I J , I I S"S'tJ 0 g~J - 0 lJ ;29Jo r<cl - :^ C r;. .:.-" ;;)'1 d c) <: ~d corA- 0\- P'S-O ~ n-t. (l~:; {,":r. { :; .~ ...........\l ' ~ 77 o. j- L'- / 1(5 is. ~ ~'} - 0 Q - -) ~ r' --- '. d.....OOO. - - 6<1 (/ < , <.J,J, ,--- , .. 1770, TOTAL I , /. ?h ;+l(7, - 7 $" 7;).. F ~ It ;) 'i ? - :;;; J~ DEFENDANT S EXHIBIT #1 ;'i\",~ .,", ., _,__;.1_ r-' ~ . ~ -'. .",- I _. ;-,~~L ,. " VERlFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my cOlmsel and myself in the preparation of this action, The language of the document may, in part, be the language of my cOlmsel and not my own, 1 have read the statements made in this document and to the extent that it is based upon information which 1 have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification, 1 tmderstand that false statements herein are made subject to the penalties of 18 P A. C.S, S 4904, relating to unsworn falsification to authorities. Date: if//7/01 [ ! . . ., - , " CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing ANSWER AND COUNTERCLAIM was served on Plaintiff's Counsel by First-class mail, postage prepaid, by forwarding a true and correct copy unto: Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 J 4 East Li aye , Esquire enue Liberty oft Carlisle, P A l7013 (7l7) 243-7922 Date 'I117/tJ/ ~"-~ - , ' ,~ '7'" - " ,- -1- \ . -~ , J 4 F: \FILES\DA T AFILE\Gelldoc.cur\ 1 04071-pra. l/mah Create4' 0712510101~51:47PM Revised: 07/25101 02:56:23 PM 10407.1 .., McCORKEL CONSTRUCTION SERVICES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff v. CIVIL ACTION - LAW NO. 01-1639 BLESSINGS QUALITY PAINTING, Defendant JURY TRiAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Defendant, Blessings Quality Painting, in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. MARTSO(jARDORFF WILLIAMS & OTTO By ~ George B. Faller, Jr., Esquire LD. No. 49813 Ten East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Defendant Blessings Quality Painting ~ Dated: July)6, 2001 '>pl,J_ ~ .; "- .. :-,'" """', ; 4 ~ CERTIFICATE OF SERVICE I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ron Turo, Esquire TURO LAW OFFICES 28 South Pitt Street Carlisle, P A l7013 MARTS ON DEARDORFF WILLIAMS & OTTO By ( '/I;/d~~d/1 !l. W M~.Hall Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: July 25,2001 1-; . ~~~ }, ~ 1., ~,..,..,,,,,~-~ -,. " . _~_'" ~J!tll !Q~ - "-.~ '.' _"'''.b'"'~' .. "-_~ ~':: -< .( _:~) [nmUII] "" l~ ,,-' _LN__ ~', ,e,,,,,_, ",~_ 0"""" ~rf!I!~-I\h!$J~;I'liW!'~~~~~MMffl!ll!l:l!!__I~_~ <! _~_,?_,J " , ... ." . f , MCCORKEL CONSTRUCTION i SERVICES, INC., Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO.01-1639 CIVIL TERM v. : BLESSINGS QUALITY PAINTING, Defendant :COLLECTION PLAINTIFF'S ANSWER TO COUNTERCLAIM 17. No answer required. 18. Admitted. By way of further answer the Plaintiff was to pay this amount if the service was actually rendered in a timely and workman like manner. 19. Admitted. 20. Denied. By way of further answer the Plaintiff re-alleges his allegations that the Defendant, in fact, having not completed the job owes him the entire amount paid to him of $4,920.00 plus additional costs and damages. 21. Denied. Plaintiff re-alleges the contents of his original Complaint wherein he outlines the Defendant's actions which caused the Defendant to fail to complete the contract in work in a timely manner pursuant to the contract between the parties. WHERFORE, for all the reasons set forth above, Plaintiff requests judgment in it's favor and respectfully requests this Honorable Court to dismiss the Defendant's Counterclaim. Respectfully Submitted TURO LAW OFFICES L7EI!. 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Dat '<-i~';:""~ '. - ,"'" .~"-- . ~- """. I " ~ 3~ " ,- ,- ... . CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Plaintiff's Answer to : Defendant's Counterclaim upon James J. Kayer, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 4- day of ~/ y' 2001, from Carlisle, Pennsylvania, addressed as follows: ( James J. Kayer, Esquire Kayer & Brown 4 Liberty Avenue Carlisle, PA 17013 Ro Turo, squire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff . --. . - '~;>-J::"-,,,,,...,.,,,,:.ll '-,~ ., e. ." ,,' , '-1-' ~i ci ~ -. "" . M'~~~ "'.c', (") C :C. -0-'-7'- nlC~! ~~.... -<::: ~~C, .l>C ~~g ~ "'\.) (.r; '.. -, ,Ii' C) ::: 1.:;~ .~< I t.e: c j:;) : .1,';5 :~~:i ij -<: ..~ ^ ,~.n~_ ~~""\'Wl!!~)%!'n.t1~f!m1'~W{i:-I\'i!1i'JW!ff.J!'M'4jlO:~~~:@!1~H~<!);,:!~~\'I!~i>l~~! , .. LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE I I I , I I Ii !~ .:" , ,~ MCCORKEL CONSTRUCTION SERVICES, INC. Plaintiff v. BLESSINGS QUALITY PAINTING, Defendant TO: James M. Robinson, Esquire Turo Law Offices 28 S. Pitt Street Carlisle, PA 17013 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, Ol-1639 CIVIL CIVIL ACTION - LAW NOTICE OF HEARING George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto, P. C. Ten E. High Street Carlisle, P A 17013 NOTICE IS HEREBY GIVEN that the undersigned Arbitrators appointed by the Court in the above-captioned matter will meet for the purpose of their appointment on Thursday, October 4, 200l, beginning at l:OO o'clock p.m, in the Second Floor Hearing Room in the old Courthouse in Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. Date: August IS, 200l 14tuUu-- Keith O. Brenneman, Esquire, Chairman Shaun Mumford, Esquire Douglas Lovelace, Jr., Esquire CC: Court Administrator, Cumberland County --- , . MCCORKEL CONSTRUCTION SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1639 CIVIL vs. CIVIL ACTION - LAW BLESSINGS QUALITY PAINTING, Defendant IN RE: NONJURY TRiAL ORDER AND NOW, this 36.... day of May, 2001, pretrial conference in the above captioned matter is set for Monday, July 30, 200l, at 9:00 a.m. in Chambers of the undersigned. BY THE COURT, James 1. Kayer, Esquire For the Defendant 0( \,D\ !;?J Ron Turo, Esquire For the Plaintiff Court Administrator :rlm ';( " ..,~, ,k ~.~ ~. " _ ~~, -". - "., , Jj , ~~ !f~L 0_'," V!:V,'//;'l},:'!, I\!'~ ! AJ.NnC/~'t' \ I ~,:~_!~;jL~'~g~"\,riO 02: ~./ 1 ..".."..,.., ~11'f ,,' .- ^,-' ~_ 'd ~ "J.,_"" ~"'_ .~ ~I"~ ...v. If'; ''.. ~ ~,m ',~.',,~'- ,-~~~' , .i IQq~llI" 1_1JllI',~~~~!<<'l"t~~'W'J~'KlW"IIJ'1-Pfl'i:!lJ$!;1T;ffij~~1Ij;rnJlf,ll;l!~m.'jA'l!l~~~: PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) , TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list l.he following case: (Check one) for JURY trial at the next term of civil court., x for trial without a jury. ~._._------_._--.--_.._--_._---_...__....._._.----_...-...------.........--.........-..-...---..............................................................................-.....-.............. CAPTION OF CASE (entire caption must be stated in full) (check one) ( X) Assumpsit McCorkel Construction Services, Inc. Trespass Trespass (Motor Vehicle) (Plaintiff) (other) vs. Blessings Quality Painting The trial list will be called on and Trials commence on (Defendant) Pretrials wiil be held on (Briefs are due 5 days before pretriais.) vs, (The party iisting this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to locai Rule 214.1,) No. 01-1639 Civil Term xfSX~Q01 Indicate the attorney who will try case for the party who files this praecipe: Ron Turo, Esquire Indicate trial counsel for other parties if known: James J. Kayer, Esquire This case is ready for trial. Signed: _~c _ _,__c.q. Print Name: Ron TurqL_J;:[l.@,j.,re Date si~(_ Attorney for:~_la_i..!l_t:i,ff '~jiSJ!f""__ '-,,' '." -, SHERIFF'S RETURN - REGULAR CASE NO: 2001-01639 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCORKEL CONSTRUCTION SERVICES VS BLESSINGS QUALITY PAINTING DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BLESSINGS QUALITY PAINTING the DEFENDANT , at 0020:10 HOURS, on the 23rd day of March , 2001 at 5 LIMEKILN ROAD CARLISLE, PA 17013 JAMES BLESSING (OWNER) by handing to 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 3.10 .00 10.00 .00 31. 10 So ;~ "..c44.~ ,;! R. Thomas Kline 03/26/2001 RON TURO ee.- <>I "', - day of By: CJ~~. ~ Deputy Sheriff Sworn and Subscribed to before me this ~-(..<-A 1.-eJ.v / A . D . ('IT' () )'MjJ",.~ P othonotary , ''-'-i~_~ ~~~ In The Court of Common Pleas of ) ). ) ) ) ) ) Cumberland County, Pennsylvania No. 19 OATH We do solemnly swear (or affirm) that we will support, obey and derend the Constitution of the United States and the Constit~t~Q~ or this Common- wealth and that we will discharge the duties of our orfice with fidelity. Chairman AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awar~ed, they shall be separately stated.) applicable.) . Arbitrator, dissents, (Insert name if Date of Hearing: Chairman Date of Award: NOTICE OF ENTRY OF AWARD Now, the day or award was entered upon the docket parties or their attorneys. , 19 , at , .li., the above and notice tiiereof given by mail to the Arbitrators' comoensation to be paid upon appeal; $ Prothonotary By: Deput.y " ,. . . .. MCCORKEL CONSTRUCTION SERVICES, INC. Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1639 CIVIL TERM v. BLESSINGS QUALITY PAINTING, Defendant : COLLECTION PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: I, James M. Robinson, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is (or actions are) at issue. 2. The claim of the Plaintiff in the action is $5,314.50. The counterclaim of the Defendant in the action is $1,770.00. The following attorneys are interested disqualified to sit as arbitrators: George B. Faller, Jr., Esquire William F. Martson, Esquire John B. Fowler, III, Esquire Daniel K. Deardorff, Esquire Thomas J. Williams, Esquire Ivo V. Otto, III, Esquire Edward L. Schorpp, Esquire Carl C. Risch, Esquire in the case as counselor are otherwise Ron Turo, Esquire Robert J. Mulderig, Esquire Galen R. Waltz, Esquire James M. Robinson, Esquire Carol L. Cingranelli, Esquire Gerald J. Foulke, Esquire James J. Kayer, Esquire Mark A. Denlinger, Esquire WHEREFORE, YOUR Petitioner prays this Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ,-'::~__._c" " ___, _ ",.., ~, .", ~ _ or. _ _" _< _ ,_ '" __'. ,',~., . ~ .. e -- . . ~ ,,',- - " / MCCORKEL CONSTRUCTION SERVICES, INC. Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1639 CIVIL TERM vi. BLESSINGS QUALITY PAINTING, Defendant : COLLECTION ORDER OF COURT AND NOW, this ~ r ~ day of ~ ' 2001, in consideration of the foregoing Petition, '1:..ud~ ~ . Esq., ~~/ d~~ (j:J /. Esq., and y1~ _ ~" Esq., are appointed a itrators in the abovtcaPtioned action as prayed for. BY THE COURT, , P.J. -'- ^,. - 0'1 .,"'~ ,""_~___ _ . ,0 '. ,_ T .__ - -" ~ g V" ~, ," . ..',,'= ",,',',,- ,,-,-,~. , , .~.,^"."""",, ..' -., . 0 \', 'N , ~ -~--; """ --. " t\: ':!1 ; (~ '- \l .-- ,- \N .......", ....... ~ 5l- '.i .' <>() Iv>,) -~l W " >= " C\ ,-, 'co c- o ~ ~ "' \." ',I ,! , l;.' ,1" fSl ~,iljH_,! _.~ nllfll , 'C' _ ",_.Q1'ijjjj'i..~,--W'ILBij-""'9,"'-"f0l1!'J;')~g<,!~jOlf!(!:~IifrJ1~~~~imi~~lfiiffiwr~JII!r!;Wl~~l~;: " '. MrtJJa.kd (!,AI~~A SGitlmF.>. ~~) tt"'/""ff"", ) 2 ) ) ) ) In The Court of Co~on Pleas of Cumberland County, ?ennsylvania v.' ~o. ~(- (~J r 19 / &.frS',",v, &.uAI,'/rY /~fNf7A1t., , 1J.d"'OI41AfT OATH We do solemnly s~ear (or affirm) the Constitution of the United States wealth and that we will discharge the , co C - ~-' 2: _c. ~._; ~< (:-C~Z "--.J:;:,..:C t).-_ ';::'i ;;:: -';--(() ~~~~ F"- _Ll LU c..,} .~:l D- c- :;~ .... -::1 0 -" , that we will support, obey and defend and the Constitutio~ of this Common- duties of our'office with fidelity. V~~ . ~~,/, ,Chair:nan I).fJ.U/J,- . " :.';' , . ,I- ~ I AWARD , ;,.,' -" We, the undersigned arbitrators, having been duly appointed and swdrn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be , separately stated.) :;:r" {"VOl( 61 I'tA/AlI7N 1,,(0( ttrrlf/sf I~~f /"p,4. Q/UdIlAf 1 1~2(,I.lG' l"- ~--.Jf VI{. ~ 'I r,l-/,(A. 4AlAlt.t,'" {k"..., SVftMh.... Z1-,2()OD; 4;v,L 1;41 (,qVi/!l. fJl- !lAf;/lnPr- Mil lI;ttfJIGit 1~~Ad.Wf- f1AJ /'Jt(fNeIA./t'S t4"All'tc..c4,;", . " . Arbitrator, dissents. (Insert name if applicable. ) Date of Hearing: anHk ,/, Zoot Date of Award: OcitJbu.. '{, .2t:>6 / NOTICE OF ENTRY OF AWARD Now, the L.j!4day of 6/d award was entered upon the docket parties or their attorneys. , fJlJdCl:!J1 ,at 3'lff, P .:1., and notice thereof given bymail the above to the Arbitrators' compensation to be paid upon appeal: $ ClfcJ. m /~f duk' P.}4' ~thonotary ~~ ~.X'/A,;r~2' De;lUty Z-7 By: '~1. r-'~ . ~;ij' ,'" .-.. -,",'" ~~,- -, .. 0_ '''''--''.'_'~='~I .-__" - ~" ""h~iif );,"V/<J J MVMFhtb /" EsiSL. /11/1-12.60':"1$ QE.<..$T€'/--.! 5.>10 !al,.r2>l.E /2b &.1141' !J1L..t.., III 170~ I .' ~ (171 0, ('S!G>rIJC1>1tT# './6.. tftL I ;f!:tfNNCH<1.J ,~ ~f: I t c. H ".", I/44rJt J1$tl's:1 /J(a:Wl""(d;'.,A~ U (7'~ Do~ los C. Li>velcU'@J'O'"~' 3~ OoV\Va/ Q ,,~ve CCl~ t~I'Ej Pit l70{J 66q- 4~-7~o7 ~ Co, Jb,O?-O) ID.I{. Df I~. ~ '~I t'1( p/-c..-t ~ ~ tWJ ,:...;,. ~ ju.'4/ ~ df- ~ ~~ _ PI""", _ 1 _~ ,~ ,~IIll~ ~. ',J!Ii~'mii;jJl!~1ii"!;:'ffll\-\l~'i\!i"~,.........,.....,~!IIN!l!!!I,. _ _::rr~"~=~,,.nLii''''!ll'-;''5']V'li;i,,!.<q;~O-,",>".r'''''''I'''T9*"~_S1U.~fW~iJf;jI"ll~~Ji~i1~mlTf'-i'i;fiffi'H\I~'ffWOWlm~:F' II . .. ~ \ MCCORKEL CONSTRUCTION, SERVICES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1639 CIVIL TERM v. BLESSING'S QUALITY PAINTING, Defendant : COLLECTION PRAECIPE FOR ENTRY OF JUDGMENT TO: Prothonotary Cumberland County Courthouse One Courthouse Square Carli~le, PA 17103-3387 Please enter judgment in favor of Plaintiff, McCorkel Construction Services, Inc. and against Defendant, BLESSING'S QUALITY PAINTING in the amount of $3,481.16 pursuant to the award granted by the Board of Arbitrators dated October 4, 2001, as evidenced by the attached copy of the Notice of Entry of Award attached hereto and incorporated herein as Exhibit "A". a. b. Principal Interest $ 3,261.35 $ 219.81 Total Amount: $ 3,481.16 Plus adClitional interest at $ .54 per diem for every day after November 6, 2001. Respectfully Submitted TURO LAW OFFICES ~ Date 0:,J;, --, _, "~,,,' "'_'""- I~ _" "_ ." " 'C' ~ _ ,'t'_ ',' " o. ',,' .'f". ~!~ . " Mt(;IJ.Kd (!,AJ,,~A SCilmF.>. ~<:..) /L",,,,,(';,P,r> ) 2 ) ) ) ) In The Court of Co~on Pleas of Cumberland County, ?ennsylvan~a v." ~o. J).CO(- 1(..31 19 hrs/AI& atfAt.-/ry ~,fINflAl(" , 1J~4Mlr OATH ::-:--.:: -~ --:::.; .-!;:: ., ~';;~ that we w~ll support, obey and defend and the Const~cutio~ of th~s Common- duties of our-office w~th fidelity. V~~ 111 r;:;~n We do solemnly swear (or affirm) the Constitution of the United States wealth and that we will discharge the c;, '...- . ,'; ~~~! <C ,. . .-~ ~:!~~ (= 1\ --..." . () , .' '.. ,r,: AWARD (or .. ,.' ~~ ': We, the undersigned arbitrators, having been duly appointed and sworn affi~ed), make the following award: (Note: If damages for delay are award,ed, they shall be, , separately stated.) .' .' . . ," l :rN IAVDI( dl ftAIAlhPf: A,t<t Q,1-#rlf/sf I~UANI ,'p ~ (l/U411.-f "/ ,,~ 2(,1. ~ ~ /JIfM.. ~w.,Jf "f I/. ~ tf ",. f1(1C 4A!Ai..,,., fk-, So/'fE""~"'- U, Zdtl D;' livil/.M ()qVPII... (If.. /iA'Alnf:t:.. A-iIJ,( //;Rjf4i! IAff"d-Wf- (/1\1 ~fN~'s /.4~k.C4';"'4 , Arbitrator, dissents. (Insert name if applicable. ) Date of Hearing: MJk st, 2"", Date of Award: Octobu.. <(, .2.061 NOTICE OF ENTRY OF AWARD Now, the Lrday of tJd award was entered upon the docket parties or their attorneys. . tJIJ,;)&JJl, at 3'4"11' , P. :1. , and notice thereof given bymail the above to the Arbitrators' compensation to be paid upon appeal: $ ClftJ.6JO /sf ~ ;? )4' ~thonotary </?~ y. >:/~r ~ '7 De?uty v By: ~~ - '. 2:. ~ ~ ~ ~ ~ ,~ .......... ~ ~ -- -.S} a. ~ 0 0 ~ ~ ~ -~- '" -, '~'=-~ "-, - ---'0>;-'=-'1 <~ ~ """"". ''-':-,.- ~, . 0 0 () c ~ -n .~ ;e: __.J- -vi55 rnr" C) z:i: -- zc I',) -n -, 0) ~," en '-'1 ri _<~o~. ., :.J c:) 1;:: C) ~:;:! "'" :> jj ZC ::;1: -=c< 2~~ ?~~ Pc 1.0 ~ :-.-1 C- <,. II (TI -< ~, _~r. ~~ ~\W~~f.i~.~ll!f!;!;W~.,_~"Il1i_.Jmi'II"~~~l1'f15,;'O"','t',,'-,I'_:r'''~''!'~-,""0'0,-.,-~~';""iiR'~D",:;-"";i',r"."if'"'f1,'I*"'F~,~':W'"")'1'~'~"'_"~i';,"T',";~'(+o/~If'Wf,~~~'i\%;;ori![,:>:~(~' T R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY., NO ACTION TAKEN IN SIX MONTHS. Sheriffs Costs: Docketing $ Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Advance Costs: Sheriffs Costs: ,$ 150.00 64,20 85.80 18.00 1. 25 .50 1.00 3.45 Refunded to Atty on 3/21/03 20.00 20.00 64.20 So Answers; ~~l",,~~'~ R. Thomas Kline, ste: BfJau-iJa,j) < r3Nwhtt.; \) - \ '- "- ~ --" Sworn and Subscribed to before me this l.K.... day of~ 2003 A.D. ~ 0.. /nJdJd,~ Pr tb'onotary lb&!} t? "",' ~!O 1:====:1" ~ ~ ~=? 1,':'. " I ,-~ = ~, 'II "H; 'l ' ;.,'.' 'I Jd 1- r:~: ,"" ,/-.;-,~' [' F\ ..:: fl.!...", (S'-.::. ~. [He ~ ("', iii 907 '. I." G ,\J[,' ..!3Allll'!: , "::Illnlj,~ ii" , BZ iUH '" . ':.rifl,O " .i:~;jjO I.SO t:..k- '-fOd-13 R...-. 13& I {, r r'ot p " ~ "~~,-~ I .,~~ $ " _. "~'_~n___'___ "'-~,,~. ~__ '-"'~I'_"""_'~'~ ~m. ~ ,-,~qft!T ~ WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N001,1639 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MCCORKEL CONSTRUCTION SERVICES INC Plaintiff (s) From BLESSING'S QUALITY P AINTING5 LIMEKILN ROAD CARLISLE P A 17013 (I) You are directed to levy upon the property ofthe defendant (s)and to sell ALL PERSONAL PROPERTY, (2) You are also directed to attach the property of the defendant(s) uot levied upon in the possession of GARNISHEE(S) as follows: and to notify tlle garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifpropertyofthe defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated, Amount Due$3261.35 L.L.$.50 Interest Atty's Connn % Atty Paid $118.10 Plaintiff Paid Date: MAY 24, 2002 Due Prothy $1.00 Other Costs CURTIS R.. LONG Prothonotary, Civil Division By: ~ 10 9rJAl fFrt REQUESTING PARTY: Name JAMES M ROBINSON ESQ Address: 28 SOUTH PITT STREET CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: 7112459688 Supreme Court ill No. l1J - , -, , """,~~~IIrf~~,~~_ _"I~_n 1J,~l!!!.IJ! ,1..1 i_r m<Ji:-,'M:'i\1!%i\'j.,-.,n"c;:~c;;+..j~";-,:;",,,,c:j~-\;:oio\'~J'J'll~"'$~~-m~~flMlJ!l!i!.i~~~~~'-