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Home My WebLink About01-2312 FX COMIILtwEALTH OF PENNSYLVANIA COURT OF C_N PLEAS Cumberland County JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0/. - .Q.:d I.;l.... _ C;~;~ NOTICE OF APPEAL Notice is giwn that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case met ,tianed bel"", """'OF............ MNl OR NAME D.l !nde endent Develo ment Cor . ............ 2525 Eastern Blvd. OTY York 09-3-04 STAn IF OOE PA 17402 NO. .... THE ASE OF ( iff} (Defendant J Michael Kurtz Painting Contractor ~ Independent Development Corp. SIGNA-TURf Of ATTOR OR AGENT I>>\Of~T 3-22-01 cv20 0000460-00 LT 20 Crai R, This black wiD be signed ONLY when this notation is required under Po. R.cPJP. No. l0088. This Notice of Appeal. when received by the District Justice, will aperale as a SUPERSEDEAS ta the judgment for possession in this case. Signature of Prothonotary or Deputy Milsten uire If appellant 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. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE !This section of fomJ to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. l00I(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 upan Michael Kurtz Painting Contractor . appellee(s), ta file a complaint in this appeal Name of appel/ee(s) (Common PIeos No.Ol - .2~ I J..., (J/~.J;/~ n1,within twenty (20) days after service of rule or suffer entry of judgment of non pro~ ~~ Signature of appellant or his atromer or agent RULE: To Michael Kurtz Paintinq Contractor ppellee() _ ,0 s. /".8neof~sJ (1) You are notified that a rule is hereby enlered upan you to file a compIoint in this appeal within twenty (20) days ofter the date of service of this rule upan you by personal service or by certified or regislered maiL (2) If you do not file a complaint within this time, Q JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dote of Jervice of this rule if _vice was by mail is the dote of mailing. ~ Date:!tiU\ J!L,2oLU, --- ~O~p f? ~~dQ ~ AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY ""'."--I!(" - -"., -~ ~,,""~"'",". ~ r-r - ~ =-~. llll ';;I,,-->!:',.;,' ,,;1:1, ,!, _"; .\.,~,,,,_,,.-,,,,,~""\fl. .__ ._~. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT '''C~ ' ''''''rnn 'TIT' I II' ,ITI, ' 'W'l1m""T .. (This proof of service MUST BE FILED WITHiN TEN ('10) DA YS AFTER filing the nollee of appeal. Check applicable boxes) COMMON WEALTH OF PENNSYl.v ANIA COUNTY OF _._,__, ; S5 AFFIDJWIT: I hereby swear of affirm that I served o a copy of the Notice of Appeal, Common Pleas No. ____..____, upon the Districl: Justice designated therein on (date of ,service) __, 0 by personal service rJ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appells, (name) _ 1 on , 20__.0 by personal service 0 by (certified) (registered) mail, sender's receipt attached herete" o and further that I served the Rule to File a GOOlplaint accompanying the above Notice of ~\ppeal upon the appellee(s) to wham \h" Rule was eddressed on .__,___ ' 20_ 0 by personal service 0 by (certified) (registered) melli, sender's receipt attached hereto SWORN (AFFiRMED) P,ND SUBSCRIBED BEFORE ME THIS_,___DAY OF , 20___ Signature of' official petors whom affidavit was rnade Title of official My commission expires on _~ ,20_,_ l ~ ~ ~ - Signature of effiani-:--> o C:) ~ -, '-;1 ~ ~ v-) ~ ~ ~ g . ~ 1\, I ~\ ~ ~tI \JJ.~ "u i;>~ n-if;"' ;?:::':':.' [;~.,~_.- -<. .'=-- ~C_ }~,--', \.D "'....,... )-;'c: ~, c.~., -~>J -:~:-:O .,,< ('::) ;:---~w, !, """",. '.~ - ,l~ ..-,,__~.l%~$!':~+-"i''f-''I''''i<'8r-''~1W!&",--~~lIl~r.t: ,'!fI,_~~~l:1,"~1i'*'!4if;H!'~,'k: ,,-~,-' ., .-,,,'t~,",'€~~"iN~G'qjj~'!fi~~1f?j;:*,Wi;;~~~i;;%Y-~l'ii~\.ll:~~.f1I~":; .,.",.~.. ~~.~.-- ".~-r, Jk~ - ,1<.( ,. (,OMMONWEALTH OF PENNS'- '/ANIA NOTICE C JUDGMENT/TRANSC ~ COUNTY OF: ctlMBERLAml . ",NIL CASE Mag. Cist. No.: PLAINTIFF: NAME ""'AOORESS 09-3-04 Ilo:CBAEL KURTZ PAINTING CONTRACTOR I OJ Name: !-ion. P.O. BOX 11848 'rHOHAS A. PLACEY HARRISBURG, PA 17108-1848 """res" 104 S. SPORTING BILL RD. L .J MECRlINICSBURG, PA VS. I OEFENDANT: NAME and ADDRESS i IbmEPENDENT DEVELOPMENT CORP. I ! relephone, (717 ) 761-8230 17050 , 2525 EASTERN BLVD. . YORK, PA 17402 L .J INDEPENDENT DEVELOPMENT CORP. 2525 :sASTERN BLVD. Docket No.: cv- 0000460 - 00 . ~ YORK, PA 17402 Date Filed: 11/14/00 ;j , ' THIS IS TO NOTIFY YOU THAT: - Judgment: DEFAm.T ..1TJTl~ PT.TF [i] Judgment was entered for: (Name) MT~a'RT. lrTTD'P'T. 'Pll. TN'JIT1\T~ rn1\1l1lVllr' [i] Judgment was entered against: (Name) T1I1T1'Rl>'RNnRTllT n'RVRT ,o'PMRTllT (',nR'!> in the amount of $ " nQ4 nn on: (Date of Judgment) '\ /??/n1 0 Defendants are jointly and severally liable. (Date & Time) 0 Damages will be assessed on: Amount of Judgme.nt $ 5.000.00 , Judgment Costs . $ 94.00 Interest on Judgment $ .00 o This case dismissed Without preJudice. Attorney Fees Total $ .00 $ 5.094.00 O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Post Judgment Credits Post Judgment Costs $ $ o Levy is stayed for days or 0 generally stayed. -------- ------- Certified Judgment Total $ 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 JUDGMENT BY RUNG A NOTICE .,~ PF,APPEALWITH THE PROTHONOTARY/CLEIlK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU '".,' MOST I~CLUDE A COPY OF TI!IS N E OF ;JUDG RIPT FORM WITH YOUR NOTICE OF APPEAL. ". .,. , . -. ,.:". :;::'1i '~""~'...~'r.b,~."';3~:~~.:-"1" bate ," ..~,..,~~!. - &..... ',". 0 triet"J t Z::~f'''';qf:':'.::~:'.>~<,....<", ", ' " , ., is' usice:., .... ,:~ ,;.", 'I certify that this is a true correct CORY of the record' of the p ceedings containing the judgment. ~"ol"-<lIf..' '~.-.-'" "",..-.;It'_.,< ."_;.i',...............~.. ."-'~..,.,..........!_~i.:;:Ii:,.:.>I'_.'-........,. '._ ...,-..... ,__.-., ..... ,'" - , , Date . District Justice My commission expires first Monday of January. AOPC 315"99 2004 SEAL '!T'.",,,,,.,,.,-~,,,,,,"!J!'B'~ -." ~,.~~" -_ .,.,;""""" II! . 1'- . CDMMONWIALT" 01 PENNSYLVANIA COIlRT 01' COMMON PLEAS Cumberland County JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT ' C_MON PLEAS No. D/".... .;t,2 I ~ NOTICE OF APPEAL ~fice is giwn that the appellant has filed in theab6ve Court of Common Pleas an apPeal from the judgment rendered by the District Justice on the ~ and in the case, mentioned b8Iow. {!,t.>; t'-ri;<.h- 1 Inde endent Develo ent Cor . ADDR OF 'APf'B.L.ANT 2525 Eastern Blvd. OTY York MJ,G. PI . NO. OR NAME OJ. 09-3-04 STAll lP COOE NAME OF APPELLA PA 17402 NO. IN 1tE CASE OF (Pfaintiff) Michi!el Kurtz Painting Contractor , "" SK3NATURE OF APP~ I~J !ndepe~4ent Development Co'p. HIS AT Oft -~~ ( , "" JI.IDGMENT 3-22-01 CV2Q 0000460-100 LT 20 " CraigR. This ,block will be sigl1ed'ONLY'whenthiS(19lalion:is required under Pa.R.cPJP. Nc> \0088. ' , Th"" ,Np~, af Appeal, when received by the District Juslice, will operate as a SUPERSEDEAS 10 the judgment far possession in this CaS" /~~~~~ /' .' MilsteJ " ,i~e ' "" -.' - , " appellfintWi3s CL~tMAryT (S~Pa::~.CF.J.P; N~. ':,}:, '_ _ ' -_" ',1 _"',' 1001}~l in actiOf/ibeforrfOisfrictJustice, he MUST FILE )\ CPMPLAINT within twenty (20) days after filing !lis NOTICE of APPEAL \::,,, s.~ of Prothonolary or Deputy ~-~::.."-~,~, I ',{,: ::::, , , , . " , Cd ~'AECIPE TO,E"" "'c-, ULii'tOFILE (:OMPL~~: ' ,; " ",~ r~2r \, \\1, \ (This,se<:;tkifl oftorr!i:to bfif~ON(Y when appellW1t was 'DEFENDANT! s~ Pa. R.C.P.J.P. rio~tpdl(7: ^}n actionblltoh,Cp;sfricr :}umicJ. IF NOT USliD, detaC'ftfrom <Nipy of ;notice of appeal to be serVed upon appel/~). ' " ", ,;, ,~:' .~ . - " PRAEC."E: .To PiOthanatl#k ' " Enter rule upon Mici,ll$el Kurtz Painting Contractor ,,' ,appellee(s), IQ file' ciC<in>plaint in thii,~1 N81tIe oJ__llee(s) , ',' ':, (};ul'l ~~within twenty (20) days after service of ru"; or suffer entry ofjudgment ofno.,'pros; ./~~~~ ~~ ~,Ot'~f,:or.his;attOmey Of agetlt (Common Pleas' No. t'Y -, '::J. ':( I J.. , : _,~1 RULE: To Michael Kurtz Painting Contractor Name of appeJ/fHl(s) , appellee(s). (1) You are nofified that a rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) days after the dale of ....vice of this rule upon ~\>y" pe~1 service or by <ertified or registered maiL :,-..~:;fi,l,:;0~ -: '" :',~;-".': -' _', (2) If >i:~t~~;C"""""i'!f:r~ this fime, 0 JUDGMENT OF NON PROS WIll BE ENTERED AGAINST YOU. (3) 1hll,j:,'~,., ",1e,"9f _, " ;eOI,th",i',',ru~:fi.w",r,/:';;"" ,e was by mail is the date of mailing. , , ' ~ ' Date: PrrL~\f;tq, ~,~fZ,l(;':y~ -_ 40/1<1",2 em-JUlY. r,j~ ~ . "~, .: I',.j:'-!r;r~>,' <' ,,~'~j _ ' ' (S/gnatIIeof~-~- ~ ",; ',," ,..,;;"" ' \(:c:',...~ .~Jl \",'~'1<:-...,.,...,,-<\',<+, AO~C 312~90 COURT FILE --...",~,.-: ,-~,- - '-rr' ,...., ~ ~"""""f"".-:'!'.....~_..:..~ . . :.'~,/i; ,'''~'~'''' ti,-~ .', =~, ~~". =-~~ ~~~."", iii.' .'-. .. - " -" PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of selVice MUST BE FiLED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check appllcabie bOx..s) COMMON WEAl..TH OF PENNSYLVANIA ~ a copy of the Notice of Appeal. Common Pleas No, 01- 2 312 , upon the Distr,ct Justice designaled therein on (date ofselVlce) April 23, 2001 ,0 'oy personal service IliI by (certified) k~1!) mail. sender's receipt attached hereto, and upon the appelle, (name) ~hael Kurt7. P,1'i; nr; nIT: ("nn....'t'"~<"tQr ,on Apr; 1 n _ , 20-Dl..- 0 by personal service Ii! by (certified) (~illle1ild) mal, sender's receipt attached hereto, 131 and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 'Dr; 1 ?, , 20-4J,. 0 by personal service Iii by (certified) ~ mail, sender's receipf attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME TH :'''3''ci DAY ,Y'I ,20..Ql_ ..p COUNTY OF ("nmhe-rliiRQ ; 55 AFFIDAVIT: I hereby swear of affirm that I served, Title of official My commission expires 00 , 20 Notani;;\l 1:..dal Christine E. Hake, Notary Publio YOrk, York County My Commission Expires Feb. 21; 2005 Member, Penns\'lVlll1laAssoclatlonof Notaries ~" 5. ,;),~ "tdl ':;',,;.1 \ CERT!FIEC' Mtin Hl'" { ,- ,!.t I, '[)'lles~l... JL'....!. ....oI.y, .\u I"",,,.uclrl...c ;;ove,age FltJ1i10t1UI ;:T CI M ...D Postage $ ~ J 4-z~--q r'- ...D fTI M CertIfied Fee CJ Return Receipt Fee CJ (Endorsement Required) CJ Restricted Delivery Fee CJ (Endorsement Required) Total Postage & Fees CI r'- <0 ru CI CI CI r'- ~~- .~ 1;20 i~ ~ dignal!"J' of affiant - ...., :J>o ""0 ;:0 I'V .17 -0 :x I'V .. U1 c.:> ~1~i:-D , ....... ',~,'9 -~"'i:' ..-v ~O ~=+1 .".0 ?}m ::, ~ U.-S Pn~ta) bt r v (, CERTIFIED MAil RE,_,f,P, (Domestic Mall Only: No Insurance Cove/age 1-'IUVltl, " ~r., ...DL_ r'- ...D fTI M .c! ,;;1 !+11ti ti,J of l)JJudJmtW Lf-2;~""-OI Postage $ Certified Fee CJ Return Receipt Fee CJ (Endorsement ReqUired) CJ Restricted Delivery Fee Cl (Endorsement Required) Tatal Postage & Fees 1,50 "~"'-'rl.._"" , .",'.','" ,"~"'." ". , _' -',.I I _ . n,]~.~I~fi,.~.....~ "I_~~r~l~IfI~~."~'!"'"~&f~~1rtP!~~~~i1lll:~lf_~".,[!@lI;'!W:l:'~f~g~~~0""' "_,"""-!!~"""""'_~!J",;~-"-c~,-",''''r",,~i , , ,:", ',' ,I - , MICHAEL KURTZ PAINTING CONTRACTOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW INDEPENDENT DEVELOPMENT CORP. Defendant NO. 01-2312 CERTIFICATE OF SERVICE I hereby certify that on this date Notice of Praecipe to Enter Judgment of Non Pros (a copy of which is attached hereto) was served upon the Plaintiff in the manner indicated below: FIRST -CLASS MAIL, POSTAGE PREP AID THEREON, ADDRESSED AS FOLLOWS: Michael Kurtz Painting Contractor P.O. Box 11848 Harrisburg, P A 17108-1848 Countess Gilbert Andrews R. Milsten, Esquire Dated: May 11, 2001 {00074735/1} J,,,,~_ 1'1' ,,-~ 1 r - ~~ ~ - ,,~~, ~ ~.~ - . -~.-:, ,l I !'''~i';:HI,ffl . MICHAEL KURTZ PAINTING CONTRACTOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW INDEPENDENT DEVELOPMENT CORP. Defendant NO. 01-2312 NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS To: Michael Kurtz Painting Contractor, Plaintiff P.O. Box 11848 Harrisburg, PA 17108-1848 Date of Notice: May II, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VB FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO ALA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of The Cumberland County Bar Association The Cumberland County Bar Center 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 (800) 990-9108 Countess Gilbert Andrews .: ~~~ ralg R. Mllsten, EsqUIre Cc: Independent Development Corp. {OO07473S/I} , - 1_~ ',__' "-1'-' - ~ --",~ , - ". I I I , 1":fl1l_ .~ -~, ,~~ , ~ , _WmDfji'@~~;,~,~,~~"p 1'l!f.1'1!ll11_ ",- ., ". '" .<. 'w" "W'~iW@M"'rf!n'T[m~.'i "il\I'~ o c ~~, 2t~ ~~2 z =<! II!! .. ... o ~d .. :I~.." -~-.::: -(,7 r:.~ en .-.l ~s. "'pll!ll!lgl\1W'l~~,,"-q~""'1''''"'''"''",lot''i''''' -'H,;gj'-J'"""-"_~',Q'~~""'''''Uf"~'l''jl~,q;!;i!~;p;",,,,'j!<_~,j'-'!!i'W6[~G!ijlW~~!j;i~Ji'il:'~~i"" MICHAEL KURTZ PAINTING CONTRACTOR Plaintiff ; IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-2312 CIVIL INDEPENDENT DEVELOPMENT CORP. Defendant ; CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITIIIN TWENTY (20) DAYS AFTER TillS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN A TIORNEY 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 MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOu. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 .""'1"'*","","',- ~" J ,_._"" ._ - - .. MICHAEL KURTZ PAINTING CONTRACTOR Plaintiff : IN mE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-2312 CIVIL INDEPENDENT DEVELOPMENT CORP. Defendant : CIVIL DIVISION - LAW COMPLAINT The Plaintiff, MICHAEL KURTZ PAINTING CONTRACTOR, by his attorneys, KNUPP, KODAK & IMBLUM, P.c., brings this action of Assumpsit against the Defendant to recover the sum of FIVE THOUSAND, NINETY-FOUR ($5,094.00) DOLLARS, along with interest thereon from October 25, 2000, upon a cause of action of which the following is a statement: I. The Plaintiff, MICHAEL KURTZ, an adult individual and sole proprietor, is trading and doing business as MICHAEL KURTZ PAINTING CONTRACTOR and has an office and place of business at 1500 Crums Mill Road, Harrisburg, Dauphin County, Pennsylvania 17110. 2. The Defendant, INDEPENDENT DEVELOPMENT CORP., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 2525 Eastern Boulevard, York, York County, Pennsylvania. 3. The subject property of the Contract between the parties is situate in Cumberland County, Pennsylvania, and Plaintiff performed all labor and services for Defendant in Cumberland County, Pennsylvania, thereby creating situs. 4. The Plaintiff signed a Contract with Defendant on or about December 2, 1998, to do painting on a project known as Brambles, Phase II. A true and correct copy of said Contract is attached hereto, marked as Exhibit "A" and made a part hereof. 5. Plaintiff completed the work in a timely fashion, and in a workmanlike manner, but there remains an unpaid balance in the amount of Five Thousand ($5,000.00) Dollars, as per Plaintiff's Statement of Account, attached hereto, marked as Exhibit "B" and made a part hereof. F:\USER\BONNIEJO\COMP\WORK\KURTZ.WPD: 16M.y01 '~"'RI~(",~",,,...,,., ~~^ ~_"1 I' -I ! "~" -"" ",,~.~_,1l1;; o. 6. In addition to the Five Thonsand ($5,000.00) Dollars owed by Defendant to Plaintiff, Defendant is further liable to Plaintiff for Ninety-Four ($94.00) Dollars, which Plaintiff expended to bring suit in this matter in the District Court of Thomas 1. Placey. 7. The total amount due and owing by Defendant to Plaintiff is the sum of Five thousand, Ninety-four ($5,094.00) Dollars, which Plaintiff has frequently demanded payment from Defendant, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FIVE THOUSAND, NINETY FOUR ($5,094.00) DOLLARS, together with interest thereon from October 25, 2000. Robert D. Kodak 407 North Front Street Post Office Box #1 1848 Harrisburg, PAl 7 108-1848 (717) 238-7151 AttorneyIDNo.18041 Attorney for Plaintiff F:IUSER\BONNIEJOICOMPIWORKIKURTZ.WPD: 16M.y01 2 ~,.",.,.~, -~ 1'-1"1 , , ," . ~---'-.-... - T,",,~ INOEPENOEII,'T OEVaOPMEJIIT CORPORATION . . ., 2525 EASTERN BLVO. ..&. ~ ~ YORK. PA 17'02 (7l7J707-7132. FAX (717) 757-3773 SUBCONTRACTOR: SUBCONTRACT NO. 9812-0903 DATE: December 2, 1998 Michael Kurtz Painting contracting 1500 Crums Mill Road Harrisburg, Pennsylvania 17110 JOB: The Brambles: Phase II Hampden Township Cumberland County, PA Attention: Mike Kurtz Telephone: (717) 652-6504 Fax: 652-6504 We hereby accept your proposal to furni5h all material, labor, and equipment necessary for the performance and incidental to the completion in its' entirety of all work in connection with the Painting work as specifically outlined as follows: The Brambles-Phase II Apply two (2) coats of flat paint on all interior surfaces (walls, ceilings, trim, doors) prior to installation of flooring and finish hardware. ApplY t~o (2) coats of semi-gloss paint onlentry doors and frames, and porch posts. Flnal touch-up. ( t . ) ~ /< ex erl.or r-/, ~ $5,OOO.00/building x (20) buildings $100,000.00 **Please sign and return the pink copy as soon as possible* **In accordance with OSHA Act 2202, (revised) head protection must be worn at all times** In accordance with Contract documents including certain plans and specifications prepared by Drawings 1, 2, 3~ 3.1, 3.2, 3.3, 4, 5, 6, 6.1 ciated October 14, 1997. The Contractor agrees to pay the Subcontractor for the performance of said work for the sum of $100,000.00 PROGRESS PAYMENTS: Subcontractor agrees to bill Contractor monthly by the~day of each month, on forms approved by Contractor, for work performed during the preceding calendar month. Contractor, for work per- formed during the preceding calendar month. Contractor will pay Sub-contractor 90 percent (90 0/0) of the work performed within ten (10) days after receiving payment from owner. The estimate of the Architect and/or General Con- tractor shall be bi.nding on the Subcontractor for the purpose of computing the value of the work performed by him as such ratio to the Contract price herein, as the value so fixed bears to the price upon which the Architect and/or General Contractor based his computations. FINAL PAYMENT: Upon complete performance of this Subcontract by the Subcontractor and final approval and ac- ceptance of Subcontractor's work and materials by the Contractor and Architect, the Contractor will make final pay- ment to the Subcontractor of the Balance due him under this Subcontract within 10 days after full payment for such work and materials has been received by (he Contractor from the Owner. Your signature below acknowledges that you have fully read and accept this Contract and the conditions on the reverse side. , Acceptedthis b daYOf~' 199q -~ 'ONTRACTQR WITNESS WITNESS INDEPEND[:N Please sign and re . . . ,';., .. .."--.-..' V-', ::'.." STATEMENT , MICHAEL KURTZ PAINTING CONTRACTOR 1500 Crums Mill Road ..,. ,',,:;,;, Hj\RRISBURG, PENNSYDfAN!A 17110, DATE J I, g) 'l3fi3 I I " (717)652:6504 r i 1 I r- , ~"',' ....."_h,_~__~_ EZ\1ImiI - .... ."~, ..., ",}: ;;. TERMS;, ,..' . -. .-.,. . ,- , . '. .' . -~..,. PLEASE OElACH ANO-RrnFU;:l ~~ YO~R REMITTANCE s -"",-., EmIl CHARGES CREDITS . ;: - . - - . I J ;'/72/-'1'" 0' ~:~/&..)I BALANCE FORWARD ~ (:. '-' " (C:5Q' c MICHAEL KURTZ PA!NTING CONTRACTOR ..0. THANK YOU PAY LAST AMOUNT Jill 1'HIS COLUMN "'"'n , r,' I .1 i I ! ; -~:~ , i , , , I I i T'" ! 1 I '" I t:' f I I i I I I 1 , .... ~_~.i}< i~Aj": .iUl"'i 1. MiCRA;::'. KiiRTZ, verify rhat Lhe s~m"l~ 1:U"~ iii thi alurGgull~ W~UiW:"4 a;~ trl.ii:i arni tuii"t". .i. UJ1ucu.:iilili.u. iu.u w_ .j""~u'"1ii ueie.i.ii tia~ m~~\; .iiib;;;;~ lQ Ul..>= ~;;.,...iti.w;' o;:i: ~~ TI1l, ':,.... ;;.- ;~';-::'~J ;';;~,=~:~~ ~:.;.. ~:~",":,;..;..;.:... iiii~iilcm:.1;jn \.V ;:u.tQontn.~" Dale\i: r;,u:.ta\~vr-.:~.i.t.;V~".,;.\.ti-tlr-"T='U,M.""'\.ii't ~ t.. ~ ~:..i', H:i...i.Oi.j'";ji IO"d ....099 <:99 LIL ~L<::II IO-I<:-^~W '''i1!flW n "_~ ' "l;" ,-. .,-, t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KURTZ PAINTING CONTRACTOR, Plaintiff No. 01-2312 Civil v. Civil Action - Law INDEPENDENT DEVELOPMENT CORPORATION, Defendant NOTICE TO PLEAD TO: Robert D. Kodak, Esquire Knupp, Kodak & Inblum, P. C. 407 North Front Street Harrisburg, PA 17108-1848 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. Countess Gilbert Andrews By: (? -~ --- ~aig R. Milsten, Esqii!re Pa. Sup. Ct. ill No. 77065 29 North Duke Street York,PA 17401 (717) 848-4900 Dated: June l'f ,2001 -i~'~j'),.1, 'I ,. ~. . .",_, r-r - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KURTZ PAINTING CONTRACTOR, Plaintiff No. 01-2312 Civil v. Civil Action - Law INDEPENDENT DEVELOPMENT CORPORATION, Defendant DEFENDANT'S ANSWER AND NEW MATTER AND NOW, comes the Defendant, Independent Development Corporation, by and through its attorneys, Countess Gilbert Andrews, and files the within Answer and New Matter to Plaintiffs Complaint: I. Admitted upon information and belief. 2. Admitted. 3. Admitted, 4. Denied. The contract as attached to Plaintiffs Complaint as Exhibit "A" is a document which speaks for itself and therefore any characterization of such is denied, strict proof demanded at trial. Furthermore, it is denied that said contract was signed on December 2, 1998. 5. Denied. Admitted in part, denied in part. It is admitted that Plaintiff performed its work and that a balance remains unpaid. It is denied that Defendant is obligated at this time to pay Plaintiff because Defendant has not yet been paid by the Owner. ji:lt. ",."" ' , c'~_~-i" _ ,___ -" ",1'1"'1 '. .' -,-- . 6. Denied, Paragraph 6 contains conclusions of law to which no responsive pleading is required. 7, Denied. Paragraph 7 contains conclusions of law to which no responsive pleading is required. To the extent that paragraph 7 contains any factual averments, said averments are denied. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff. NEW MATTER 8. Defendant hereby incorporates paragraphs I through 7 of its Answer as though more fully set forth herein. 9. Defendant is required to make payment to Plaintiff only after receipt of its payment from the Owner. 10. Defendant has not yet been paid all sums due and owing by the Owner. 11. Accordingly, Plaintiff is not yet entitled to payment from Defendant as alleged in this matter. 12. Plaintiffs claims may be barred by release. 13. Plaintiff's claims may be barred by impossibility. 14, Plaintiffs claims maybe barred by accord and satisfaction. 15. Plaintiff s claims may be barred by payment. 16. Plaintiff s claims may be barred by Plaintiff s wrongdoing. 17. Plaintiff s claims may be barred by estoppel. 18. Plaintiffs claims may be barred by waiver. i~i;t:!_. ~,' . -, 1"11 -~ WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff. June iCf ,2001 ''?'t~"J~,_ ,_.' ,~ -." I'-I"t'- -,., Respectfully submitted, Countess Gilbert An1drews ~Isten, Esquire Pa. Sup. Ct. ill No. 77065 29 N. Duke St. York, PA 17401 (717) 848-4900 " - VERIFICATION I, the undersigned, Michael L. Yost, certify that I am empowered to verify this pleading on behalf of Independent Development Corporation, I hereby affirm that the facts contained in the foregoing Answer are true and correct to the best of my knowledge, information and belief. Tills statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. INDEPENDENT DEVELOPMENT CORPORATION Dated: June 15 ,2001 i:f,_<~- ~ 'f __=7"'. _ -,'- ""1l'I' , ',' 1<.1 ~ , CERTIFICATE OF SERVICE I hereby certify that on June~, 2001,1 served a true and correct copy of Defendant's Answer and New Matter to Plaintiffs Complaint by regular mail, postage prepaid, to: Robert D. Kodak, Esquire Knupp, Kodak & Inblum, P. C. 407 North Front Street Harrisburg, P A 17108-1848 Countess Gilbert Andrews ~ g R, MIlsten, Esqmre 29 N. Duke St. York,PA17401 (717) 848-4900 Date: June~, 2001 "t~~~ ,~,. ., _ "r _ 0 ~ 1"1'" , ~ , , '" , -,.,,, ~'" ~-~~ ~ .~A-_~' ,,~- -~";"_~_"2_' , ~'lltIl:l~iM!III'!~"'~~~!!I.....-"""....,.,..,.. 1III!~~WL~W"'!--""_'*f~"""X- ~ ~." ~~-" 0 C) C) C -n ::c- -----1 -O(L: S rnn: u ~2~ , l~ u , ~'t:"! ~_. i':' ;:~ Z '~J :< "u ,0 -< ."' ~ '" I' 'if; ^~":'n;1 ,0 t~,,;" ';""'?"O"cJ.",,1!','~",~'Tl'fm,'lf f<W"P~Wi""'lWj;il~','l9'\'1!" 'I '\~Jfi1'~"{fJI!l'jnW , MICHAEL KURTZ PAINTING CONTRACTOR Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-2312 CIVIlL INDEPENDENT DEVELOPMENT CORPORATION CIVIL ACTION - LAW Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this /1 #-day of July, 2001, comes Plaintiff, Michael Kurtz Painting Contractor, by and through his attorney, ROBERT D. KODAK, ESQUIRE, KNUPP, KODAK & IMBLUM, P.c., and files the following Reply to Defendant's New Matter, as follows: 8. Plaintiff hereby incorporates Paragraphs 1 through 7 of his Complaint as iffully and at length set forth herein, 9. Admitted in part and denied in part, To the extent that Defendant takes the position that it is only required to pay Plaintiff after its receipt of payment from owner, that is a legal argument to which no responsive pleading is required. By way offurther answer, the Defendant has, in fact, been paid by the owner and, therefore, is obligated to Plaintifffor the amonnt set forth in Plaintiffs Complaint. 10. Denied. Attached hereto and made a part hereof is correspondence from Counsel for the owner confirming that payment in fnll has been made to Defendant. 11. Denied. The response to Paragraph 10 is incorporated fully and at length herein. 12,-18. Denied. Said Paragraphs are legal conclnsions to which no responsive pleading is required. ';.'~~~"" r'--~. "" ~ , ~ . , I' 'I , , WHEREFORE, Plaintiff respectfnlly reqnests that Jndgment be entered in his favor and against Defendant as prayed for in his Complaint. Respectfully snbmitted, Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisbnrg, PA 17108-1848 (717) 238-7151 Attorney I.D, No. 18041 Attorney for Plaintiff F:IUSERIBONNIEJOIFORMSIP6>C.:l2JulOl ....' 2 !"~ '-'--'-1 ~" ' , ~. "L _ I ~ DUANE MORRIS ATTORNEYS AT LAW MATTIIEW CHABAL, ill DiRECT DIAL: 717.::37.5514 E-~ chabal@duanemoms.com www.duanemorris.com June 30, 2001 Robert D. Kodak, Esq. Knupp, Kodak & Imblum, P.C. Cameron Mansion 407 North Front Street P. O. Box 11848 Harrisburg, PA 17108-1848 Re: Michael Kurtz Painting Contractor/EIA Realty Company Your File No. 3-00-0237 Dear Bob: PHILADELPHIA NEW YORK LONDON CHICAGO \ WASHINGTON,DC I SAN FRANCISCO BOSTON ATLANTA MIAMI WILMINGTON HARRISBURG MALVERN CHERRY HILL NEWARK WESTCHESTER PRINCETON PAL..\(BEACH , ALLENTOWN, i HOUSTON j BANGOR I have your June 22, 2001 letter. My client's position has not changed since you and I spoke some time ago. The general contractor on this project has been paid in full for all work performed, including the work performed by Michael KurtZ Painting Contractor. As I said, although we are sympathetic to your client's plight, it appears there is little we can do about it. We have contacted the general contractor to inquire into this matter, but have had no substantive_ response. With regard to the stipulation against liens, I am enclosing a copy as you requested. Please feel free to give me a call if you have any questions. Very truly yours, .~ Matthew Chabal, ill MC:pzg Enclosure DUANE, MORRIS & HECKSCHER LLP 305 NORTH FRONT STREET, s'm FLOOR. P.O. BOX 10 PHONE: 717.237.55.00 FAX: 717.232.4015 .]1," 1? '01 0?:d7PM KNUPP & KOOW PC 1""".... VE'RtFICA.TION I, MICHAEL KURTZ, verify that the ltatemenb maele in tile .foregoing document are true nel correct. I ulldentallel that false .tate_lIls berem are made subject to the peaalties of 18 Pa. C. S. 14904, relatiQ' to ulIlIworn falaliliatiou to authorities. MlehlUlllCurt7. ......,~)~ (!>) F:\USEJl.IBONNII'J'O\I'OIIMS\DOC..12.111101 IO'd v059 2:59 LIL d95:vO IO-2:I-ln~ !'f~ <-< -,^" --,,'-~'~'. ".'^ "- ,'~ -->','-_ f,-,,'~'-'I~~I" _, <0, f' ,,-'- - CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have tWs date served a true and correct copy of the Plaintiffs Response to Defendant's New Matter in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvauia, addressed as follows: CRAIG R MILSTEN ESQUIRE COUNTESS GILBERT ANDREWS 29 NORTH DUKE STREET YORK PA 17401-1282 Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: ~/;f;hl F:IUSERIBONNlEJOIFORMSIIl9C. :12JulOl ;~r,_!,~!"____.,,... '"' , I L<