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HomeMy WebLinkAbout01-05473AJAY SERVICES, INC., Plaintiffs V. DANA CORPORATION, Defendants NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 2001 - ~-/-.-~~~ ~,~~ ti CIVIL ACTION - LAW 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 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 2 Liberty Avenue Carlisle, PA (717) 249-3166 .. .., _. ..... .:.t. ~ y` AJAY SERVICES, INC., Plaintiff V. , DANA CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 2001-,.3 ~lV~~ CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, AJAY Services, Inc., by its attorney, George A. Vaughn, III, and files the following Complaint, in support of which it is averred that: 1. The Plaintiff, AJAY Services, Inc. ("AJAY"), is a Pennsylvania business corporation authorized to do business within the state of Pennsylvania with its office and principal place of business located at 651 Market Street, Lemoyne, Cumberland County, Pennsylvania. 2. AJAY does business under the registered fictitious name of Cleanteam Building Services Company. 3. The Defendant, DANA Corporation ("DANA"), is a business corporation conducting business at 21 Roadway Drive, Carlisle, Cumberland County, Pennsylvania ("Property"). 4. AJAY and DANA entered into a written contract dated May 16, 2000 ("Contract"), a true and correct copy of which is attached hereto as Exhibit "A". 5. The term of the Contract was for a period of one year commencing on May 16, 2000, and ending on May 15, 2001. 6. Termination of the Contract prior to May 15, 2001, could C:\LWOR[C\MISC\G090401 B. W PD occur only if a party failed to reasonably fulfill its obligations under the Contract. 7. Termination of the Contract prior to May 15, 2001, required that thirty (30) days' prior written notice be given by the terminating party to the non-terminating party. 8. Pursuant to the Contract, AJAY provided certain cleaning and janitorial services to DANA at the Property. 9. At all times relevant to this Complaint, AJAY performed and discharged all of its duties and obligations under the Contract in a good and workmanlike manner in full compliance with the terms of the Contract. 10. On or about December 19, 2000, DANA, acting by and through its duly authorized agent or employee, Jeffrey N. Spangler, verbally terminated the Contract. 11. On December 20, 2000, DANA allowed AJAY to perform services under the Contract only until 3:00 PM and thereafter refused to allow access to the Property by the agents or employees of AJAY. 12. The actions of DANA hereinabove described were in direct violation of the terms and provisions of the Contract because at no time did AJAY fail to reasonably perform its obligations under the Contract. 13. The actions of DANA hereinabove described were in direct violation of the terms and provisions of the Contract because DANA gave AJAY verbal instead of written notification of early termination of the Contract. 14. The actions of DANA hereinabove described were in direct violation of the terms and provisions of the Contract because DANA C:\LWORK\M[SC\G0904018.WPD - 2 ~u ..s...-....~. ....wy.......i.~... d . -_ _ I ._-.,~~ did not give thirty (30) days' prior notice of its intention to terminate the Contract. 15. The attempt by DANA to terminate the Contract prior to May 15, 2001, and the conduct of DANA in excluding AJAY from the Property constituted a material and substantial breach and violation of the Contract by DANA. 16. As a result of DANA's breach and violation of the Contract, AJAY has sustained direct and immediate losses for which DANA is solely responsible totalling $12,953.25 all as itemized in a letter from Bruce D. Schwartz to Jeffrey N. Spangler dated January 22, 2001, a true and correct copy of which is attached hereto as Exhibit "B". 17. Accompanying the letter of January 22, 2001, from AJAY to DANA was an invoice dated January 18, 2001 ("Invoice"), for the amounts owed by DANA to AJAY requiring payment within 15 days. 18. DANA has not paid to AJAY any portion of the balance due under the Invoice. 19. Pursuant to Paragraph B(1) of the Contract, accounts more than sixty (60) days in arrears accrue interest at the rate of 1.5°s per month. 20. DANA's unpaid account is more than sixty (60) days in arrears. 21. Interest in the amount of $1,554.40 has accrued on DANA's unpaid account from January 18, 2001, to August 18, 2001. 22. Interest in the amount of $194.30 will continue to accrue on DANA's unpaid account for each additional 30-day period from and after August 18, 2001, that the account remains unpaid. 23. Pursuant to Paragraph B(1) of the Contract, AJAY is entitled Q\LWORK\MISC\G090401B.WPD - 3 . ~. w u_, w to the reasonable costs of collection of DANA's unpaid account, including reasonable attorney's fees. 24. As of the date of the filing of this Complaint, the reasonable costs of collection of DANA's unpaid account are $500.00 together with such court costs as may be of record in this action. 25. As of the date of the filing of this Complaint, AJAY has not received payment of any portion of the Invoice or the other amounts due AJAY as herein set forth. WHEREFORE, AJAY demands judgment against DANA in the amount of $15,007.65 increased by $194.30 for each 30-day period after August 18, 2001, that payment is not made, together with such additional reasonable costs of collection as may be incurred by AJAY and the costs of suit. Dated: ~ ~ 3 ~ 2001 C:\L W ORK\MISC\G090401 B. W PD Respectfully Submitted, r G rge A. Vaughn, III Attorney for Plaintiff Supreme Court I.D. #25650 3904 Trindle Road Camp Hill, PA 17011 (717) 975-9102 - 4 - ae, .... .- - -. ..r......., ... VERIFICATION On behalf of AJAY Services, Inc., Plaintiff, I, BRUCE D. SCHWARTZ, President of AJAY Services, Inc., verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: ~ 2001 C:\I,WORK\NIISC\G090401 B.WPD - S EXHIBIT A Contract C: V. W ORKUvll 5C\G090401 B. W PD CLEANTEAM BUILDING SERVICES COMPANY Contract for Janitorial Services WITNESS THIS CONTRACT (hereinafter called Contract) made this 16th day of May, 2000 by and between AJAY SERVICES, INC., doing business as CLEANTEAM Building Services Company, a Pennsylvania Corporation (hereinafter referred to as "CLEANTEAM'~, and DANA Corporation (hereinafter referred to as the "Client"). In consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CLEANTEAM and the Glient agree as follows: PURPOSE: CLEANTEAM will provide janitorial and other related services to the Client at 21 Roadway Drive, Cartisle, Pa. CLEANTEAM retains the right to pertomt the services required which are outlined in detail and sum in any and all attached specifications, corespondence and exhibits, by any reasonable means and in any reasonable mannertt sees frt. TERM: The term of this Contras shall commence June 1, 2000 and shall continue for a period of one (1) years. Said Contrail shall thereafter continue in full force and effect for one (1) year periods unless and until either party gives thirty (30) days written notice of its intention to terminate. Provided, however, ehher party shalt have the right to terminate this Contrail, should either party fail to reasonably fulfill its obligations as agreed, but only by giving thirty (30) days written notice to the other party of its intention to terminate, such thirty (30) days to commence running upon the other party's receipt of saitl notice, Receipt of a termination notice by either party shall automatically terminate this Contrail upon the expiration of the applicable notice period, unless both parties agree to reinstate this Contract. COMPENSATION: The Client agrees to pay CLEANTEAM for its services in the amount and manner set forth below. A. Base Amount and AdjuslmeMs. 1. CLEANTEAM'S compensation shall be based on the number of hours worked in each job classification plus a percentage of that rate for cleaning supplies. The invoice amount is arrived at by multiplying the number of hours worked by the each job classification times the rate charged to the Client. Item/classification @gte/hr Chemed Industrial Custodian $12.56/hr Supplies % 9.5/hr rate Project Worker _ $14.99/hr+ materials associated with projeu wo~M1 It is explicitly agreed, however that the compensation amount is subject to renegotiating and adjustment on the renewal date(s) of this contrail. 2. it is also agreed that if at any time during the term of this Contract the federal, state, or local minimum hourly wage applicable to any of CLEANTEAM'S custodial employees is raised to a rate in excess of $5.15 per hour, or if at any time during the term of this Contract any federal, state or local payroll taxes are raised above those being provided as of the effective date of this Contrail, CLEANTEAM shall be entitled to the above-described base amount, plus the average monthly increase in CLEANTEAM'S wage payments and fringe benefits to said employees, divided by a factor of 80%. 3. It is agreed that CLEANTEAM is permitted to charge the client for additional hours for each job Gasification in those cases where it has replaced employees who are absent from work but, are befog compensated due to paid vacation, or holiday leave. Holiday leave will be paid to the employee and changed to the client at twice the regular rate should the employee be required to work on a holiday. Overtime will be paid the employee at 1.50 their hourly wage rate however, the client will be charged no greater than 1.40 times the hourly rate charge. 4. It is further agreed that if at any time, during the term of the Contract, CLEANTEAM shall be obligated to pectorm services in any additional areas of the building complex or if the type of services required becomes more difficult by virtue of changes made in the nature of space utilization orjob duties, CLEANTEAM'S compensation shall be incraasao ~~ irw amount of addiiionai number or vrorx Hours requred per)ob classification multipiiee by me pnce per Hour charged to the Client. B. Payment. 1. The Client agrees that CLEANTEAM will be paid, no later than fifteen (15) days from date of invoice, for the services supplied the Client during the preceding four (4) weeks. Said payments shall be based on documented hours worked. In the event the Client fails to make payment when due, CLEANTEAM shall have the right to immediately terminate this Contract notwilhslanding the provisions of Article II hereof. The Client sha11 pay CLEANTEAM the reasonable costs of collection of said payment, including reasonable attorney's fees. Accounts which are more than sixty (60) days in arrears are subjected to late charges. Interest will be added at the rate of one point five percent (1.5%) per month on past due accounts. IV WORK WEEK: A. CLEANTLAM will provide the Client with its services five days each week, Monday through Friday ,excluding statutory holidays. Statutory holidays are recognized as New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, Upon three (3) days written notice by the Client, CLEANTEAM will perform services on Saturday and Sunday at the normal daily rate described in paragraph Al and A3 B. Client will insure that CLEANTEAM employees and agents have accessibility to equipment and areas requiring service at all reasonable times. C. it is understood that CLEANTEAM sha41 be held harmless for any situation in which CLEANTEAM is prevented from performing the spedfled services herein because of external forces, including but not limited to "Acts of Gad", strikes, picketing, floods, tornadoes, etc. V INSURANCE: CLEANTEAM agrees to obtain and maintain in effeil at all times during the term of this contrail the following insurance: worker's compensation with stajutory limits, wmprehensive general liability with limits of not less than $1,000,000.00 for bodily injury and property damage. VI CONFORMANCE WITH LEGAL OBLIGATIONS: The Client agrees to keep, or cause to be kept, all its facllities in confornjty with all applicable federal, state, or local laws, ordinances and regulations and agrees to Indemnity CLEANTEAM and hold CLEANTEAM harmless for any foss or injury caused by the Client's failure to ablde by the terns of this Article. CLEANTEAM agrees to make the Client whole for any physical damage it is proved was caused by CLEANTEAM'S employees during the course of their employment. Vii HIRING RESTRICTIONS: It is understood that during the term of this contrail and for one (1) year thereafter the CLIENT shall not, directly or indirectly, hire any person employed by CLEANTEAM VIII APPLICABLE LAW: This Gontreil shall 6e governed by the laws of the Commonwealth of Pennsylvania. IX BINDING: This Contrail shall insure to and bind all parties, their successors, assigns, agents, or representatives. X ENTIRE AGREEMENT: This Contrail contains the eM(re agreement between the parties. Ail prior negotiations between the parties are merged in the Contrail, and there are no understandings or agreements other than those incorporated or referred to herein. This Contract may not be modified except by an instrument In writing signed by the parties. XI NOTICES: All notices, requests, demands and other communications hereunder shall lie in writing and shall be deemed to have been duly given if delivered personally or if sent by registered or certified mail, return receipt requested, properly addressed anti postage prepaid (A) if to CLEANTEAM be sent to: Mr. Bruce D. Schwartz, President, CLEANTEAM Building Services Company, 851 Market Street, Lemoyne, PA, 17043 or (B) ff 1o the Client be sent to Mr. Henry Long, DANA Corporation, 21 Roadway Drive, Carlisle, PA 17013 or at any dher address as may be given by either party to the other by ndice in writing pursuant to the provisions o1 this Article. IN WITNESS WHEREOF, the parties hereto have executed this Contrail as of the day and year first above written. ' / ~ C: LEANTE~AM REPRESENTATIVE CLIE T R SE ATIVE TITLE T E v i EXHIBIT B Letter of January 22, 2001 (including Invoice) c:~Lworuc~nn~sc~oo9oao ~ a. wru 651 Market Street Lemoyne, Pennsylvania 17043 January 22, 2001 Mr. Jeffrey N. Spangler Safety & Facilities Manager DANA Corporation 21 Roadway Drive Cazlisle, PA 17013 Deaz Mr. Spangler Enclosed is a final invoice in [he amount of $12,953.25. This represents the gross profit we would have earned, if we had the opporhtnity to complete the remaining term of our contract. The contract began Jtme Ol, 2000 and was to end May 31, 2001. Over a one (1) yeaz period, we normally submit thirteen (13) invoices, each representing four (4) week periods of service. To determine the amount of gross profit we would have earned, we first had to calculate the average invoice. Thus far, we invoiced seven (7) full fora (4) week periods, the last being 11119/00-12/16/00.,-The total billing of these seven (7) invoices without sales tau, was $48,678.21. This results in an average invoice of $6,954.03. Given ottr gross profit margin of 30%, we earn an average of $2,086.21 in gross profit each four (4) week period. The gross profit margin percentage used is from our most recent annual financial statement, for the yeaz ending 12/31/99. The enclosed invoice is broken down to show the gross profit we were denied from earning in each four (4) week periods remaining in the contract, An adjustment was made for the invoice we previously submitted for the several days of service between 12/17/00-12/20/00. Also, the last four (4) week period of the contract was prorated as it includes 19 days, rather than the norma120. It also includes sales tax I should call your attention to the following provisions in our contract: "The Client shall pay CLEANTEAMthe reasonable costs of collection of said payment, including reasonable attorney's fees. Accounts which are more than sixty (60) days in arrears are subject to late charges. Interest well be added at the rate of one point five percent (1.3%)per month an past due accounts. " (717) 763-7444 Fax: (717) 975-3382 E-mail: sixfiveonemarket@aol.com ~ I PRODUCTS: GROSS PROFIT REMAINING TO BE EARNED ~ ~ SERVICES: _......... UNDER TER...MS..Ok'....C.QNT.RAC.T....END.IN.G...S./31/.01 ~ PERIOD 12/17/00 - 1/13/01 2,086 21 _._. . .. ......_1../14/61......._ 2%fi9109 _.._. 2.....08.6..... ~ 2T 2/11/01 - 3/10/01 2,086 ;21 ......3./11/01...._ 4/.0.7./fl.1 .. ................ _. Z~08'6` ~ 21... 4/08/01 - 5/OS/01 2,086 x,21 ........5/06/01......_..6/02/01...t.PRORATEf1...TfII2O[7G[4....5../31101 ) ............... __._ _1.981...... ...8.~._. LESS 30~ OF 642.46 INVOICID FOR SEVERAL DAYS WORLD ( 192 x,89 ) _............ .... _ ..............Ip}...PERIOD..1..2f'17JO0 _...1../.1.3/'01. .......................... ~ Subtotal 12, 220 i 05 Freight ~ i lax 733 '~ 20 12,953 ~ 25 Total Q7o Reorder. Thank You aoo-zzsmeo or rIBbB.COre ~ - f~au~sas~-.~~s a~3 t zrt,:<;:?ra ,u x Y ., ,.. _, C~ C'. {_, _.. _ C ~ ~ ~ _ " ti °' ~L- _ ? __ fi C.i r;; J„ p:; t v °"' ^.` SHERIFF'S RETURN - REGULAR CASE N0: 2001-05473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SERVICES INC VS DANA CORPORATION KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DANA CORPORATION the DEFENDANT at 1530:00 HOURS, on the 26th day of September, 2001 at 21 ROADWAY DRIVE CARLISLE, PA 17013 SHARON CHOVANEC by handing to HUMAN RESOURCES a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 ~~~'~~ 3.25 .00 10.00 R. Thomas Kline .00 31.25 09/27/2001 GEORGE A VAUGHN III Sworn and Subscribed to before By: me this /,a,r day of ~f~ ~ ~6v/ A."wD~~~~.~~~~ ti~2~ G _ ~ .91~i_,i rothonotary ~ + ..- ,, AJAY SERVICES, INC., Plaintiff v. DANA CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2001-5473 CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF APPEARANCE TO: Curt Long, PROTHONOTARY, CUMBERLAND COUNTY: Please enter our appearance as attorneys for Defendant Dana Corporation in the above action. McNEES, WALLACE & NURICK By V. Donald B. Kaufman I.D. No. 49674 Susan V. Metcalfe I.D. No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717)232-8000 Attorneys for Defendant Dana Corporation Dated: October 10, 2001 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe for Entry of Appearance was served by first class mail, postage prepaid, upon the following: George A. Vaughn, III 3904 Trindle Road Camp Hill, PA 17011 ~~ ~, Susan V. Metcalfe Of Counsel for Defendant, Dana Corporation Dated: October 10, 2001 A a ~~~ ,~~ ~ ~, ,. ~~ ~U n, -^ .i~~ ~a h '~~h, +4~ 4J'~~ r i ~ ~ , • ~ f AJAY SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. N0.2001-5473 DANA CORPORATION, Defendant :CIVIL ACTION -LAW NOTICE TO PLEAD TO: AJAY SERVICES, INC., and GEORGE A. VAUGHN, III, Esquire, their attorney YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER PURSUANT TO PA. R. CIV. P. 2252(d) WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. McNEES WALLA//CE & NURICK LLC By --~~ ~ V, Donald B. Kaufinan I.D. No. 49674 Susan V. Metcalfe I.D. No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717)232-8000 Attorneys for Defendant Dana Corporation Dated: October /(C , 2001 e a i t AJAY SERVICES, INC., Plaintiff v. DANA CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2001-5473 CIVIL ACTION -LAW ANSWER WITH NEW MATTER AND COUNTERCLAIM i i ~ t Defendant Dana Corporation ("Dana"), by and through its attorneys McNees Wallace & Nurick LLC, for its Answer to the Complaint, avers as follows: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 1, and they are therefore denied. 2. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 2, and they are therefore denied. 3. Admitted that Dana is a corporation which maintains an Engine Management Division plant located at 21 Roadway Drive, Carlisle, Cumberland County, Pennsylvania ("Carlisle Plant"). 4. Admitted. 5. Denied. Paragraph 5 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, the contract is a document that speaks for itself and Plaintiff s characterization of it is therefore denied. 6. Denied. Paragraph 6 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, the contract is a document that speaks for itself and Plaintiff s characterization of it is therefore denied. 7. Denied. Paragraph 7 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, the contract is a document that speaks for itself and Plaintiff s characterization of it is therefore denied. 8. Denied as stated. It is admitted that the contract required Plaintiff AJAY Services, Inc. ("AJAY") to provide cleaning and janitorial services to Dana's Carlisle Plant. It is denied that AJAY fulfilled its obligations under the contract. 9. Denied. Paragraph 9 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, paragraph 9 is denied. AJAY failed to perform and discharge its duties under the Contract in a good and workmanlike manner and failed to comply with the terms of the Contract. 10. Admitted. By way of further answer, Dana also gave written notice of termination by letter dated December 20, 2000, which is attached hereto as Exhibit A. 11. Denied. Dana did not refuse to allow access by "the agents or employees of AJAY" to Dana's Carlisle Plant. On December 20, 2000, Dana refused access to Joe Pesco, an employee of Cleanteam Building Services Company ("Cleanteam"); however, no other Cleanteam employees were barred from the plant. On the contrary, Dana requested that Cleanteam assign an employee to replace Mr. Pesco. 12. Denied. Paragraph 12 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, it is denied that "at 2 no time did AJAY fail to reasonably perform its obligations under the contract." Paragraph 9, above, is incorporated herein by reference. 13. Denied. Paragraph 13 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, it is denied that "Dana gave AJAY verbal instead of written notification" of termination. Dana gave AJAY oral and written notification of termination. Paragraph 10, above, is incorporated herein by reference. 14. Denied. Paragraph 14 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, it is denied that Dana failed to give 30 days prior notice of termination. Paragraph 10, above, is incorporated herein by reference. 15. Denied. Paragraph 15 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, it is denied that Dana excluded AJAY from the property, and it is denied that Dana breached the contract in any way. Paragraph 11, above, is incorporated herein by reference. 16. Denied. Paragraph 16 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, it is admitted that the document attached to Plaintiffs Complaint as Exhibit B is a true and correct copy of a letter from Bruce D. Schwartz to Jeffrey N. Spangler dated January 22, 2001; however, the accuracy and truth of the letter's content is denied. It is denied that Dana breached or violated the contract, and that AJAY is entitled to any damages. 17. Admitted in part and denied in part. It is admitted that Dana received the letter of January 22, 2001, and the invoice accompanying it. It is denied that Dana owed AJAY the amount, or any portion thereof, indicated on the invoice dated January 18, 2001. 3 ~, , 18. Denied. Paragraph 18 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, paragraph 18 is admitted in part and denied in part. It is admitted that Dana has not paid any sums indicated on the invoice dated January 18, 2001. It is denied that Dana owed AJAY the amount, or any portion thereof, indicated on the invoice dated January 18, 2001. 19. Denied. Paragraph 19 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, the contract is a document that speaks for itself and Plaintiff's characterization of it is therefore denied. It is denied that Dana owes any amount claimed by the January 18, 2001 invoice. 20-22. Denied. Paragraphs 20-22 set forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, it is denied that Dana owes any amount of money to AJAY. 23. Denied. Paragraph 23 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, the contract is a document that speaks for itself and Plaintiff's characterization of it is therefore denied. Defendant denies that it owes any amount of money to AJAY. 24. Denied. Paragraph 24 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, it is denied that Dana owes any amount of money to AJAY. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations regarding the costs of collection, and they are therefore denied. 4 25. Denied. Paragraph 25 sets forth conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, however, paragraphs 17 and 18, above, are incorporated herein by reference. WHEREFORE, Defendant Dana Corporation respectfully requests this Honorable Court to enter judgment in its favor and against Plaintiff together with costs and such other relief the Court deems just. NEW MATTER 26. Paragraphs 1-25, above, are incorporated herein by reference. 27. Pursuant to the written agreement entered into by Dana and AJAY on May 16, 2000 (the "Contract"), AJAY agreed to provide janitorial and other related services to Dana at its Carlisle Plant. 28. For several months prior to December 19, 2000, AJAY failed to perform its obligations under the contract. 29. AJAY's performance deficiencies included, inter alias a. inattention to detailed mopping, scrubbing, dusting, and wiping in restrooms, break areas, and offices; improper stripping and waxing of tiled floors, causing an excess buildup of wax and resulting in hairs and other foreign objects becoming imbedded in the wax layer; c. trash cans with food residue not being cleaned for weeks at a time; d. the misappropriation of recycling proceeds; and e. the refusal of AJAY employee Joe Pesco to perform recycling tasks. 30. Dana communicated these deficiencies to AJAY's Cleanteam account representative, Chris Coller, and AJAY's field supervisor, Herman Cochrane, on several occasions during the months preceding December 19, 2000. 31. Section II of the Contract provides that the Contract shall continue for one year, "unless and until either party gives thirty (30) days written notice of its intention to terminate." 32. Section II of the Contract further provides that "receipt of a termination notice by either party shall automatically terminate this Contract upon the expiration of the applicable nofice period, unless both parties agree to reinstate this Contract." 33. Section XI of the Contract provides that all notices and other written communications shall be deemed to have been duly given to AJAY if sent by registered or certified mail, return receipt requested, to Bruce D. Schwartz, President, CLEANTEAM Building Services Company, 651 Market Street, Lemoyne, PA 17043. 34. On December 19, 2000, Dana gave oral notice of termination to AJAY employee Chris Coller. 35. On December 20, 2000, Dana instructed Joe Pesco not to return to Dana's Carlisle Plant. 36. Dana did not instruct any other AJAY employee not to report for work at Dana's Carlisle Plant, or otherwise bar AJAY employees from the Carlisle Plant. 37. AJAY's second-shift employees, Gail Pesco and Pat Eckert, failed to report for work at Dana's Carlisle Plant on the afternoon of December 20, 2000. 38. By letter dated December 20, 2000 ("Termination Letter"), a true and correct copy of which is attached hereto as Exhibit A, Dana gave written notice of termination in accordance with Section II of the Contract. 39. On December 20, 2000, Dana faxed the Termination Letter to Bruce D. Schwartz at AJAY. Dana also sent the Termination Letter to Bruce D. Schwartz, with a copy to Chris 6 Coller, at the address specified in Section XI of the Contract, via certified mail, return receipt requested. True and correct copies of the certified mail receipts are attached hereto as Exhibit B. 40. As indicated on the certified mail return receipts, AJAY signed for receipt of the Termination Letter on December 26, 2000. 41. In its Termination Letter, Dana requested that AJAY either waive the 30-day notice period provided in Section II of the Contract, or provide an alternate full-time day shift person to replace Joe Pesco. 42. By letter dated January 2, 2001, a true and correct copy of which is attached hereto as Exhibit C, Dana again requested that AJAY waive the 30-day notice period. 43. By letter dated January 4, 2001, a true and correct copy of which is attached hereto as Exhibit D, AJAY refused to waive the 30-day notice period and refused to provide janitorial services during the 30-day period. 44. AJAY provided no janitorial services to Dana after December 20, 2001. 45. AJAY sent Dana a final invoice for janitorial work performed from December 17, 2000 to December 20, 2000. A true and correct copy of the invoice, dated January 18, 2001, is attached hereto as Exhibit E. 46. Dana paid the invoice for j anitorial services rendered from December 17, 2000 to December 20, 2000. 47. At all times, Dana performed its obligations under the Contract. 48. Dana gave effective written notice of termination of the Contract, pursuant to Section II therein, on December 26, 2000. 49. AJAY breached the Contract by failing to provide janitorial services after December 20, 2000. 7 50. Because of AJAY's breach, Dana was under no obligation to perform under the Contract as of December 21, 2000. 51. If any amounts are found to be due and owing Plaintiff by Defendant, which is expressly denied, then, in said event, Defendant is entitled to set off the amounts due and owing it by the Plaintiff as more fully described below in Defendant's Counterclaims. WHEREFORE, Defendant Dana Corporation respectfully requests this Honorable Court to enter judgment in its favor and against Plaintiff together with costs and such other relief the Court deems just. COUNTERCLAIM-BREACH OF CONTRACT 52. Paragraphs 1-51, above, are incorporated herein by reference. 53. At all times, Dana performed its obligations under the Contract. 54. Dana gave AJAY oral notice of termination on December 19, 2000, and written notice of termination of the Contract by letter dated December 20, 2000. 55. AJAY refused to waive the 30-day notice period provided by Section II of the Contract. See Exhibit D. 56. AJAY further refused to provide janitorial services during the 30-day notice period. See Id. 57. AJAY breached the Contract by refusing to provide janitorial services during the 30-day notice period. 58. As a direct result of AJAY's breach of Contract in failing to provide janitorial services after December 20, 2000, Dana was forced, from December 21, 2000 through January 14, 2001, to utilize two members of its production staff to perform essential cleaning tasks that should have been performed by AJAY. 59. Because Dana was forced to use its production employees to perform janitorial services, Dana lost a significant amount of valuable production time, and incurred damages thereby. 60. AJAY further breached the Contract by failing to render janitorial services in a good and workmanlike manner, as described above in paragraph 29. 61. As a direct result of AJAY's breach by failing to render janitorial services in a good and workmanlike manner, Dana was forced to hire a cleaning service to perform a remedial cleaning and to strip the wax build-up from the floor of Dana's Carlisle Plant. 62. This remedial cleaning and wax-stripping, which was necessitated by AJAY's failure to perform its contractual obligations in a good and workmanlike manner, cost Dana $1,901.64. 63. AJAY further breached the Contract by providing and charging Dana for janitorial personnel who misappropriated recycling proceeds which rightfully belonged to Dana. 64. As a direct result of AJAY's breach, as described in paragraph 63, above, Dana incurred damages in the form of lost recycling proceeds. 65. AJAY further breached the Contract by providing and charging Dana for janitorial personnel who did not render services adequately, efficiently, or in a good and workmanlike manner. 66. As a direct result of AJAY's breach, as described in paragraph 65, above, Dana was damaged by having to pay for janitorial services that were not rendered adequately, efficiently, or in a good and workmanlike manner, and by having to pay for additional janitorial staff to compensate for these deficiencies. WHEREFORE, Defendant Dana Corporation respectfully requests this Honorable Court to enter judgment in its favor on Defendant's Counterclaim, in an amount less than $25,000, and against Plaintiff, together with costs and such other relief the Court deems just. McNEES WALLACE & NURICK LLC By V, _ Donald B. Kaufinan I.D. No. 49674 Susan V. Metcalfe I.D. No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717)232-8000 Attorneys for Defendant Dana Corporation Dated: October /(, , 2001 10 im~PraWAe~nSt. DANA WORLD 4+EADQUARTERS • LAW DEPARTMENT December 20, 2000 VIA FAX - 717-975-3382 Mr. Bruce D. Schwartz, President Cleanteam Building Services Company 651 Market Street Lemoyne, Pennsylvania 17043 Re: Contract for Janitorial Services Dated May 16, 2000 Between Ajay Services, Inc. (d/b/a/Cleanteam) and Dana Corporation Dear Mr. Schwartz: For the past several months, Cleanteam's performance of cleaning services at our Roadway Drive facility in Carlisle, Pennsylvania, has been below acceptable levels. This fetter shall serve to note a few of those areas where Cleanteam has failed to reasonably fulfill its obligations and shall serve as written notice of termination in accordance with Section 2 of the captioned Agreement. The performance deficiencies noted in this letter were communicated to the Cleanteam account representative, Chris Coller, and the field supervisor, Herman Cochran, on several occasions over the last few months. Since that time, we have seen no improvement in Cleanteam's performance of cleaning services at our facility. Performance deficiencies that were noted and that remain include: inattention to detailed mopping, scrubbing, dusting, and wiping in restrooms, break areas, and offices; improper stripping and waxing of tiled floors, causing an excess buildup of wax and resulting in hairs and other foreign objects becoming imbedded in the wax layer; and trash cans with food residue not being cleaned for weeks at a time. Furthermore, Cleanteam's full-time day shift person has now refused to perform modest recycling tasks which were previously his responsibility. We have lost confidence in Cleanteam and in Cleanteam's personnel. In light of the foregoing, we would request that you waive the 30 day notice period provided in Section 2, and permit us to begin immediately to retain a replacement cleaning service. In any event, we cannot continue to monitor the performance of `~ individuals who refuse our reasonable requests. Therefore, your current full-time day shift person, Joe Pesco, will no longer be permitted access to our facilities. If you insist on strict compliance with the 30-day notice provision of the Agreement, we require that DANA CORPORATION P.O. BOX 1000 TOLEDO, OIilO 43697. 1EL (419) 535-4500 FAX f479) 535-4790 you provide, for our review and consideration, an alternate full-time day shift person as promptly as possible. Please contact me if you have any questions regarding the contents of this letter. Best regards. SEK/sf cc: Chris Coller (Via Fax ) g:Wsers~skeller~misclschwartz-12-19-0O.doc Legal Counsel _ ~~~~_~ i ._ r i c~ W O O M E `o LL a S~ PS Form 3811, Apr. I9 •US.G.P.O. 1984236-815 DOMESTIC RETURN RECEIPT ~:;. _+ SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 end4.. - Pu[ your addreeernaNK"RETURN TO" Space on the reverse side. Failure to do this w'dl prevent this card from being returned to you. The return secei t fee wil! rovide ou the name of the rson delivered to and the date of tl live .For ad ittona ees t e o owing services are avai a e. onsu t postmaster or ees a c x es - dr additional serJicelsl requested. t. Show td whom delivered, date, and addressee's address. 2. ^ Restricted Delivery (Extra charge) (Extro Charge) 3. Article Addressed to: ~~-~ 4. Article Number ' S ~• fgw>T~,p~6(~ ~L~-~ /} Lrc " Type of Service: , (_: ~ ± ^ Registered ^ Insured _ (-0 1V) ~J`)d~e~~ S~ , ',~•?~q~:`r~'r ertified ^ COD /~ J ' ~ ' ~ ~ LJ Express Mail ^ Return Recei t for Merchan~'rse E, / ~ 7p y ~/Y10 I 2 ~ V Always obtain signature of addressee or agent and DATE DELIVERED. 5. re 8. Addressee's Address (ONLY if X requested and fee paid) 6. gnature -Agent X 7. Dat f Dgli er i i" r"' g~ I r r~ ~ ~ i! i' ii f t~~ ., .~ l . t ':39[7'929 9~9 ,` Receipt for ~~.11C, Certified Mail No Insurance Coverage Provided ,gwrre„ ~ Do not use for International Mail SSee Reverse) Sent to vC~ ~ JC'~LdA21' 1. ! Y SV ¢t antl No. ~ /y'lafcx S j . P~SUt~nt~PCOde^~ N /~~ Postage ~ ? ~ f J Certified Fee ~ 1 `l / Y Special fiveryfE¢ .~ Res ctetl Delivefy~ Re rn flecePi ~1ng t h t H 0 om y. M¢V¢Y¢d fleSU 1Fcaipt Showing to Whom„ Date, rid A essee's Adtlress ~ '" TOTAL Posta9¢ & F ~ (] C - ees . { 6 Postmark or Date ~. ;. ~' ;~ SENDER: Compie4e items 1 and 2 when additioriril services are desired, end ooinplete items 3 andd ~. - _, . ,, Put ybur address in the "RETURN TO" Space on the reverse side. Failure to do this will prevem this card from being returned to you. The return recei t f will r vide ou the name of the arson delivered to and the date of delive .For ad- Mona ees t e o wmg services are avai a e. onsu postmaster or eas ap c _ x es or additional servicels) requested. 7. how to .whom delivered, data, and addre„§~ee's atldress. 2. 6 Restricted Delivery (Extra charge) (Eztm cMrge) 3. Article Addressed to: CN~s cow 4. Article Number z q -~a~~-4>~ ~~~ N~ {/~~ /~,. _. ~ ~L /JV"'~ J~+9'S -~ TYPe of Service: istered ^ Msured ^ Re . , / L 7 ,~yl ~ ~ y ~- `'7^ 7V / ~ r l~-x-' J / g rtitied ^ RODrn Recei t (j p ^ E ress Mail ~ for MerchanGlse ~~~1~~ ~'11 ~ 7 Q e~"'-. ~ r ~? Y Always obtain signature of addressee J ~ ,Y or agem and DATE DELIVERED. 5. Si a d 8. Addressee's Address (ONLY if X requested and fee paid) 6. S gnature - Agani X } r,' 7. Dade ~t D~ii7o}~/~ t f ~ ~i1+ ~it {j ~1~ i ~I~i~ r ` P$ Fpgr~1;3$ 71 Apr I E t ¢d1iS.G.RO. 19x9-sse-et9 - DOMESTIC RETURN RECEIPT Z 39~ -`129 91a Receipt for Gertified Mail No Insurance Coverage Provided ~~ no not use for International Mail am ~. ~.. w....,.~.,•.~.,...._.W. W.. 4... .... _ I ``DAIVAi ENGINE CONTROLS DISTRIBUTION January, 2, 2001 Mr. Chris Coller Clean Team Building Services 651 Market St. Lemoyne, PA 17043 Via Fax at (717) 975-3382 and Certified Mail Mr. Coller: After receiving the letter dated December 20 from our attorney, Steve Keller, you and I had conversations regarding cleaning services at our facility. We have requested that you provide us with a replacement person for day shift cleaning services starting Thursday, December 28th. We have also stated that we could make do without a second shift cleaning person, but that we would entertain the idea of a replacement. In response, you have stated to me that you are unwilling to provide replacement staff. We have continuing cleaning needs which must be met. We have been without cleaning services for over a week because you have not provided replacement staff. Your failure to provide replacement staff leaves us with no choice but to retain another cleaning company to provide cleaning services for our facility. Given your abandonment of our contract and our cleaning needs, and your stated unwillingness to provide further cleaning services, we ask again that you waive the thirty (30) day notice period and acknowledge that the contractual relationship between us has terminated as of December Zl, 2000. We have not received any written communication from you or your attorney as of January 2, 2001. If we do not receive written communication regarding this matter within three (3) business days of your receipt of this letter via fax, we will consider the 30 day notice period waived by you. Sincerely, DANA Corporation Engine Controls Distribution, Jeffrey N. Spangler, Safety & Facilities Manager Carlisle Facility /JNS cc: Bruce Sc w z r ~ ~ ~l~~y DANACORPORATION - ENGINE CONTROLS DISTRIBUTION 2t ROADWAY DRIVE. CARLISLE PENNSYLVANIA 17073 TEL (71T 240-0012 FAX: (717) 249-2334 • INTERNET: NNJW.DANA.COM teem q n nesmaed uehvery is desired. . . i ~ Pdnt your name and address on the reverse `?. p\ -~ -i J/_ - - ,_.. ~ so that we can return the card to you. - - ~ ~ Attach this card to the back of the mailpiece C. Si ~ ^ Agent , or on the front if space permits. X O Addressee ' 1. Article Addressed to: D. Is delivery adtlress different from Rem 17 ^ Yes ' If VES, enter delivery address below: ^ No n , ~ Q Q C . I. Q.~l. "v. 'S ~~`~J~vl ~'-;' ~ ~7 ~ { ~ ~ i r ~ ~ j .. (Y -"~'- ) I V6`rW S ~' 3 S i T I . // "",,,, ~, ~~j~ p,~ ~e y~61. /'~ Z/y? T /! . ce YPe Certified Mail ^ F~cpress Mail .. ^ Regis[eretl ^ Return Receipt for Merohandise _. , ~, ^ Insured Mail ^ C.O.D. 4. Restdc[ed Delivery? (E#ra Fee) ^ yps - ~ 2. -A7rticle/N~u®mlber/(Copy servrilce Iabel) - ': L / K YJV ~~~ ~V PS Form 3811, July 1999- DP^1fi5?t!mTl~~ hnlfhultluuhrln t'kIW566ttkk00r lf.' Z 166 670 37[] - - tl$ POStaI $eNICe Receipt for Certified Mail ' ~ ~ No Insurance Coverage Provided. - M not uco 1nr Intamatinnal Mail /See feVeBe) - a c c C C 0 C i r r Sent to 6ir'S C~IL~ Street 8 Number Pos Office, State, 8 Z C e )U Postage Cerfified Fee Spedal Delivery Fee Resldded Delivery Fee i ~ Relum Receipt Showing to Whom 8 Date Delivered fletam ReeeiplShowmg loWhwn, Date,BAddresseeY Address i TOTAL Postage 8 Fees 1 t Posimadc or Date S ~- ~ -"v 651 Market Street Lemoyne, Pennsylvania 17043 January 04, 2001 Mr. 7effrey N. Spangler Safety & Facilities Manager DANA Corporation 21 Roadway Drive Carlisle, PA 17013 Va Fax at (717) 960-4164 and l~isil'ed' 1/04/01 Dear Mr. Spangler: I am in receipt of you fax of Ianuary 2, 2001 asking that we waive the thirty (30) day notice period and acknowledge that the contractual relationship between us has terminated as of December 21, 2000. I assume by now, you have received a copy of our December 29, 2000 letter to Steve Keller, Dana's Legal Counsel. Qn December Z0, 2000, you coIIected keys from Joe Pesco, told him not to return, and informed Heenan Cochrane to cancel second shift services. With this action, Dana Corporation, unilaterally ended our services, without atry consideration to and in violation of the conditions pernritting termination of the Contract. It is absurd to ask us to either waive a riotiee period, that you not us violated or, to ask us to hire and train new staff so we could start back up and work thirty (30) days under a contact that has been wrongfully terminated. Herman G. Cochrane George A. Vaughn iII (717) 763-7444 Fax: (717) 975-3382 E-mail: sixfiveonemarket@aol.com ec: Steven E. Keller Don Thomas Chris. Coller ®TOA~~~. Thank Yofll 800-Y25~38Q a rre0s.com Subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities, I, Jeffrey N. Spangler, hereby certify that I am the Safety and Facilities Manager of the Engine Management Division of Dana Corporation; that, as such, I am duly authorized to execute this Verification on its behalf; that I have reviewed the foregoing document; and that the facts set forth therein are true and correct to the best of my knowledge, information, and belief. /~ ~ f' Date: ~ ~ I S 0 ~ ~~ C/----_-- Jeffr N. g er Safety and Facilities Manager Engine Management Division Dana Corporation i a a. r r ~ CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first class mail, postage prepaid, upon the following: George A. Vaughn, III, Esquire 3904 Trindle Road Camp Hill, PA 17011 ~V, S V. Metcalfe Counsel for Defendant, Dana Corporation Dated: October jb , 2001 Iii+tNti~akX1k irta ..,.. ~.. (a'ixtmxatH ' wh wiiliip~ . ~.:n-i _ "~° iii ~i ~. ~ ~. s C p _ `' O n}rr; .~ fiT z: . ~' [ : U~ `... -! -- G, _ •, " i r_ e° ~ -. _} y ~ Ta ~C7 - =.E~ '' ~ fV . { ewe " ' ° ~ ' AJAY SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. N0. 2001-5473 DANA CORPORATION, Defendant CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DE.FBNDANT'S NEW MATTER AND CONTERCLAIM AND NOW comes the Plaintiff, AJAY Services, Inc., by its attorney, George A. Vaughn, III, and files the following Reply to Defendant's New Matter and Counterclaim: 26. No responsive pleading is required. 27. Admitted. 28. Denied. On the contrary it is averred that Plaintiff fully performed all of its obligations under the Contract. 29. Denied. On the contrary, it is averred that at all times relevant to this matter, Plaintiff fully performed its obligations under the Contract in a good and workmanlike manner. 30. Denied. On the contrary, it is averred that Defendant did not at any time prior to December 19, 2000, communicate the alleged deficiencies to Plaintiff's account representative, Chris Coller, or to Plaintiff's field supervisor, Herman Cochrane. By way of further reply, it is averred that there was a single communication from Defendant to Plaintiff in September of 2000 which resulted in (i) a reorganization and reassessment of the tasks performed by Plaintiff's employees and (ii) the removal of the collection of recyclable materials from the list of Plaintiff's duties. 31. Admitted in part and denied in part. It is admitted that F:~I, W OI2KU95C~D 103 t Ol A. W PD ;,, ~~ ~ ~ . I Section II of the Contract contains the language quoted by Defendant. It is denied, however, that the quoted language has any application to the facts or issues of this case. By way of further reply, it is averred the quoted language applies instead to the notice requirement for preventing the automatic renewal of the Contract at the end of the term of the Contract. 32. Admitted in part and denied in part. It is admitted that Section II of the Contract contains the language quoted by Defendant. It is denied, however, that the quoted language sets forth the complete notice requirement for termination of the Contract. By way of further reply, it is averred that by its terms, the Contract can only be terminated after a party fails "to reasonably fulfill its obligations as agreed, only by giving thirty (30) days written notice to the other party of its intention to terminate." 33. Admitted. 34. Admitted. 35. Admitted in part and denied in part. It is admitted that Defendant, through its agent, Jeffery Spangler, instructed Joe Pesco not to return to the Defendant's facility in Carlisle. By way of further reply, it is averred that not only did Jeffery Spangler so instruct Joe Pesco, but he also stated he was not interested in the replacement of Mr. Pesco by one of Plaintiff's other employees, and he informed Plaintiff that Plaintiff's other personnel scheduled to work on the evening of December 20, 2000, at Defendant's facility should not report for work on that date or thereafter thereby reaffirming the termination which Defendant had orally communicated to Plaintiff the day before. 36. Denied. The averments of paragraph 35 of Plaintiff's Reply are incorporated herein by reference. 37. Denied. The averments of paragraph 35 of Plaintiff's Reply are incorporated herein by reference. 38. Admitted in part and denied in part. It is admitted that F:~I,WORK~IISC~D103101A. WPD ~~ i .~ ,: Exhibit "A" attached to the Defendant's pleading is a true and correct copy of a letter dated December 20, 2000. It is specifically denied that this letter faxed to Plaintiff constituted termination of the Contract in accordance with its terms. By way of further reply, it is averred that the Defendant had, through its agent, Jeffery Spangler, improperly and unlawfully terminated the Contract by his conduct on December 19 and December 20, 2000. 39. Admitted. 40. Admitted. 41. Admitted. By way of further reply, it is averred that because of Defendant's conduct on December 19 and 20, 2001, unlawfully and improperly terminating the Contract, Defendant had no legal right to insist or require the Defendant (i) waive the 30-day notice geriod provided in Section II of the Contract or (ii) provide an alternate full time day-shift person to replace Joe Pesco. 42. Admitted. By way of further reply, the averments of paragraph 41 of Plaintiff's Reply are incorporated herein by reference. 43. Admitted. By way of further reply, the averments of paragraph 41 of Plaintiff's Reply are incorporated herein by reference. 44. Admitted. By way of further reply, it is averred that the sole reasons Plaintiff did not provide additional janitorial services to Aefendant after December 20, 2000, were (i) the unlawful and improper termination of the Contract by Defendant's conduct on December 19 and December 20, 2000, and (ii) Defendant's directive to no longer send Plaintiff's employees to the Defendant's facility. 45. Admitted. 46. Admitted. 47. Denied. Defendant breached its obligations under the Contract by (i) terminating the Contract by its conduct on December 19 and 20, 2000, without complying or attempting to comply with the F:U.WPRKV~IISC~D103101A. WPP ._ _ - -; termination provisions of the Contract; (ii) terminating the Contract by its conduct on December 19 and 20, 2000, when it did not have the legal right to do so; (iii) by attempting to terminate the Contract after December 20, 2000, when it had already terminated the Contract; (iv) by attempting to terminate the Contract after December 20, 2000, when it did not have the legal right to do so. 48. Denied. The averments of this paragraph are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading may be deemed necessary, it is denied that the notice of termination of the Contract given by Dana on December 26, 2000, was effective to terminate the Contract. Because Plaintiff had not failed to reasonably fulfill its obligations under the Contract, it is further denied that Dana had the legal right to terminate the Contract. By way of further reply, it is averred that Dana had unlawfully and improperly terminated the Contract by its conduct on December 19 and December 20, 2000. 49. It is denied that Plaintiff in any way breached the Contract, and it is averred on the contrary that at all times relevant to this matter, Plaintiff was ready, willing, and able to perform all of the services required of it under the Contract. By way of further reply, it is averred the sole reasons Plaintiff did not provide additional janitorial services to Defendant after December 20, 2000, were (i) the unlawful and improper termination of the Contract by Defendant's conduct on December 19 and December 20, 2000, and (ii) the directive of the Defendant to no longer send Plaintiff's employees to the Defendant's facility. 50. The averments of this paragraph constitute a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading may be deemed necessary, it is specifically denied that Plaintiff breached the Contract or that Dana was under no obligation to perform under the Contract as of December 21, 2000. 51. Denied. The averments of paragraphs 52 through 66 of F:U.WORK~hIISC~D103101A. WPD v~~~ Plaintiff's Reply are incorporated herein by reference. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment on its Complaint in its favor and against Defendant together with the costs of this action. COUNTERCLAIM - BREACH OF CONTRACT 52. The averments of paragraphs 1 through 25 of Plaintiff's Complaint and paragraphs 26 through 51 of Plaintiff's Reply are incorporated herein by reference. 53. Denied. The averments of paragraph 47 of Plaintiff's Reply are also incorporated herein by reference. 54. Admitted in part and denied in part. It is admitted that Defendant orally terminated the Contract on December 19, 2000, and December 20, 2000. It is denied that Defendant's letter dated December 20, 2000, constituted proper notice of termination of the Contract. The averments of paragraphs 38 and 48 of Plaintiff's Reply are also incorporated herein by reference. 55. Denied as stated. The averments of paragraph 41 of Plaintiff's Reply are also incorporated herein by reference. 56. Denied as stated. The averments of paragraph 49 of Plaintiff's Reply are incorporated herein by reference. By way of further reply, Plaintiff avers that Defendant did not have the right or power to demand Plaintiff provide janitorial services after December 20, 2001, upon the unilateral conditions set forth in Defendant's letter of December 20, 2000. 57. Denied. The averments of paragraph 49 of Plaintiff's Reply are incorporated herein by reference. 58. It is specifically denied that Plaintiff breached the Contract prior to Defendant's termination of it. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained F:U. W ORKU95C~I> 103101 A. W PD in this paragraph and they are, therefore, denied. By way of further reply, it i5 averred that on December 20, 2000, prior to Plaintiff's receipt of written notice by fax of termination of the Contract on December 26, 2000, and prior to the instruction to Plaintiff's employee, Joe Pesco to leave the premises, Defendant had employed at least one person who was not recognized to be a production employee of Defendant to perform janitorial services at Defendant's facility. 59. Denied. The averments of paragraph 58 of Plaintiff's Reply are incorporated herein by reference. 60. Denied. The averments of paragraph 9 of Plaintiff's Complaint and paragraphs 28, 29, 41, 44 and 49 of Plaintiff's Reply are incorporated herein by reference. 61. Denied. It is specifically denied that there was any breach by Plaintiff under the Contract. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph and they are, therefore, denied. 62. Denied. It is specifically denied that Plaintiff failed to perform in contractual obligations under the Contract in a good and workmanlike manner. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph and they are, therefore, denied. 63. Denied. At no time did any employee of Plaintiff misappropriate recycling proceeds belonging to Dana. By way of further reply, it is averred that Defendant waived any claim for such proceeds by consenting to the removal of recyclable materials by one of Plaintiff's employees. 64. Denied. The averments of paragraph 63 of Plaintiff's Reply are incorporated herein by reference. 65. Denied. The averments of paragraph 9 of Plaintiff's Complaint and paragraphs 28 and 29 of Plaintiff's Reply are F: U, W ORK~IvD SCUD l 03101 A. W PD n:anevrhn ra _ _,_.. ._ _ ._ ..___ _. _. _ : ib. ~_ .. .....,~...._ . _ .f. v..... ~ -. -way incorporated herein by reference. 66. Denied. The averments of paragraph 9 of Plaintiff's Complaint and paragraphs 28, 29, 49, 58, 61, 62 of Plaintiff's Reply are incorporated herein by reference. WHEREFORE, Plaintiff requests this Honorable Court dismiss Defendant's Counterclaim and enter judgment on its Complaint in its favor and against Defendant together with the costs of this action. Dated: //`J 2001 Respectfully Submitted, GFio'rge A. Valv.eJtln, III Attorney for Plaintiff Supreme Court I.D. #25650 3904 Trindle Road Camp Hill, PA 17011 (717) 975-9102 F:~LWORKQvIlSC~D103101A. WPD On behalf of AJAY Services, Inc., Plaintiff, I, BRUCE D. SCHWARTZ, President of AJAY Services, Inc., verify that the statements made in this Plaintiff's Reply to Defendant's New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: / ~" 5 2001 FU, W ORK~NII SC1D 103101 A. W PD .:.. _.... ~ a ~:_ ....v,....~.. .u,_.. _ __.. ,~ .~ .__... _ I __ - _ . _._. _ _.. ~. ~ .. _ I_ _ 3 o,1+e~..: CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Plaintiff's Reply to Defendant's New Matter and Counterclaim was served by first class mail, postage prepaid, upon the following person at the following address: Susan V. Metcalfe, Esguire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 ~~~N George Vaughn, III Attorney for Plaintiff Dated: ~~ ~~ 2001 F:V,WORKN~IISC~D103101A. WPD l rxSn. .w l'~c,+.ia~c~i+~k~€h!uwma - •. ~ s~n+x. ,_., . ., . ~.~ _wen~~ ~ `--~aw,~-rrea~nsxre#~ C> ~ c3 C` -- _,~ 'n n ` -,~ - . _. _ [r~- C~ _ i~-_ ~ (_ ~._ r ;J ::, ~ AJAY SERVICES, INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO.2001-5473 DANA CORPORATION, ) Defendant ) CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTFIONOTARY: Please enter my appearance on behalf of the Plaintiff referenced above. MICHAEL L. BANGS 429 South 18th Street, (717)730-7310 Supreme Court ID #41263 Hill, PA 17011 Please withdraw my appearance on behalf of the Plaintiff referenced above. ~~ ~~~_ GEOF A. VAU ,III 3904 Trindle Road, amp Hill, PA 17011 (717)975-9102 Supreme Court ID #25650 . { N L~3 Q ~ 'l7 L, °til-;: .~'a~ C: E~°. ~'^~^t--i ~ CT7 q <" . ~ -r; i ~n ~ ~~ '" W =~ z=> ~" v °; ~ C:6 ~ ~S AJAY SERVICES, INC., ) Plaintiff ) vs. ) DANA CORPORATION, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-5473 CIVIL TERM CIVIL ACTION -LAW RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: MICHAEL L. BANG5, counsel for the Plaintiff in the above action, respec±fully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $15,007.65 increased by $194.30 for each 30-day period after 8!18/01, plus costs of suit. 3. The counterclaim of Defendant in the action is less than $25,000.00 together with costs of suit. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Michael L. Bangs, Esquire, and Susan V. Metcalfe, Esquire (McNees, Wallace & Nurick, 100 Pine Street, Harrisburg, Pennsylvania, 17108-1166). WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. es ectfully submi e /1 ICHAEL L. BANGS ORDER OF COURT AND NOW, ~ ~g , 2004, in consideration of the foregoi g petition, ~ cJ, Esquire, /~,~.,f~~~ ~~~~~squire, and ,Esquire, are appointed arbitr ors in the above-captioned action (or actions) as pray for. BY THE , P.J. ~ N ,- ~ ~ ~ ~' ~. -~-_. r~~. } ~ r~: ~; ~-- ~ , 7 ~~ ~~ ~ ~A (~ E .1.. i._; ~ .~ , - 1 ~._ ~Ti n.l F ~ ~ ~ ys Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. - Defendant Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Name (Chairman) Law Firm Address City, Zip Signatue Name Law Firm Address City, Zip Signature Name Law Firm Address City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. (Insert name if applicable.) ~ra r~~ ,~'"s; Date of Hearing: ~~, :5 (Chairman) 4 ~ au~ Date of Award: ~ ~ ~ p~ ~. ~h„>~ Notice of Entry of Award Now, the day of , 20 , at , _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ By: Prothonotary Deputy ANDREWS & JOHNSON Attorneys at Law 78 West Pomfret Street Carlisle, PA 17013 TAYLOR P. ANDREWS RONALD E. JOHNSON FAX TRANSMITTAL SHEET TO: Michael Bans, Esquire 730-7374 Susan V. Metcalfe, Esquire 237-5300 (Arbitrator) Christopher Keller, Esquire 796-3600 (Arbitrator) Daivd L. Lanza, Esquire 737-5355 FROM: Ronald E. Johnson, Chairman DATE: August 31, 2004 TOTAL PAGES IN THIS TRANSMISSION: 1 RE: Ajay Services, Inc. vs. Dana Corporation Schedule of Arbitration hearing Telephone (717) 243-0123 Telefax (717) 243-0061 I am providing the following dates for you to check your calendars and advise as to which dates you are available. September 21st at 10 a.m. or 2 p.m. September 22"d at 10 a.m. or 2 p.m. September 23`d at 10 a.m. or 2 p.m. October 12th at 10 a.m. or 2 p.m. October 14th at 10 a.m. or 2 p.m. October 18th at 10 a.m. or 2 p.m. Please advise at your earliest convenience the dates that you are available. Please provide more than one date if possible. f-1 X ~ SENT BY FAX ONLY ORIGINAL TO FOLLOW BY MAIL ~~ INITIAL AS PROOF OF FAXING ~ ~ FROM ;BRt~,S LRW OFFICE 424 SOL.iTH 1$TIi STREET CAMP HILT., )~A 17011 Email: mikclDarsla~verl7son.nct Rug. 31 2004 02:40PM P1 PHONE: 717-730-73111 f~ACSIMILE; 71'7-730-7374 MICHAEL L. BANGS, Enquire WIL1aIAM E. MILLER, .iR. WENDY S. CIiESSRO, Paralegal Of Counsel FACSIMILE COVER SHEET DATE: ~ ~ ``s~ ~ ~(~ NUMBER OF SHEETS: ~ ,, f \ (including co/v~et) 2 /~ )) TO: ~ 6n~~ ~./~I/L~ FAXNO.: ~ / ,~ CJQ~ l This facsimile communication contains CONFIDENTIAL, INFORMATION, which may also be LEGALLY PIiIVLLEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended t~ipient or the employee ar agent responsible for delivering it to the intended recipient, ypu are hereby notified that any dissemination or copysng of this facsimile is strictly prohibited. If you have received this communicatioq in error, please notify us by telephone (717-730-7310) and return the original facsimile to us at the above address by mail without returning any copies, Thank you. TF YOU FXPERIE1~iCE ANY PROBLEM R>;CEIVING THIS TRANSMISSIOTd, PLEASE CONTACT THE MACHINE OPERATOR I;fS'TED BELOW, THANK YOU. __ _ ORIGINAL CORRESPONAENCIi WI4L BE FORWARI]EI) BY MAIL }C 0121GINAL CORRESPONDENCE WILL NQT BE rORWAIiDED BY MAIL. FRX NO. :7177307374 ~r(~~a7 ~.al'S~ ~7C'1 $~7A IvIACI{INE OPERATOR RFFRR F1Uf'A'/CRFf iAi TN C'1"Rt1("Tif1NC• AJAY SERVICES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DANA CORORATION, Defendant NO. 2001-5473 CNIL TERM NOTICE OF MEETING OF ARBITRATORS PLEASE TAKE NOTICE that the Arbitrators appointed in the above-captioned action will sit for the purpose of their appointment on Monday, October 18, 2004, at 2:00 o'clock P.M. in the Old Courthouse, Old Courtroom, Carlisle, Pennsylvania. Date: 9~~~Y By:, Ronald E. Johnson, Esquire Christopher Keller, Esquire David Lanza, Esquire Ronald E. John ,~, Chairman TO: Christopher Keller, Esquire 101 South Market Street Mechanicsburg, PA 17055 Michael L. Bangs, Esquire 429 S 18~' Street Camp Hill, PA 17011 Bulletin Board Prothonotary's Office Cumberland County Court House Carlisle, PA 17013 David L. Lanza, Esquire 2157 Market Street Camp Hill, PA 17011 Susan V. Metcalfe, Esquire 100 Pine Street Harrisburg, PA 17108 Court Administrator's Office Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 ~ ~ ®~~~ 429 SOUTH 18TH STREET CAMP HILL, PA 17011 E-mail: mikebangs(o~veriz®n.net PHONE: 717-730-7310 FAX: 717-730-7374 MICHAEL L. BANGS, Attorney-at-Law WILLIAM E. MILLER, JR. WENDY S. CHESBRO, Paralegal Of Counsel October 8, 2004 Ronald E. Johnson, Esquire 78 West Pomfret Street Carlisle, PA 17013 RE: AJAYServices, Inc., vs. DANA Corporation Docket No. 2001-5473 Dear Ron: w I wish to notify you that we have settled the above-captioned case in which you were appointed the Chairman of the arbitration panel. Thank you for scheduling the arbitration and I request that you return the file to court so that we may take the steps necessary to settle and discontinue the matter of record. Thank you for your assistance. Very truly yours, Michael L. Bangs wsc cc: Bruce D. Schwartz, President Susan V. Metcalfe, Esquire Christopher Keller, Esquire David Lanza, Esquire .rw - AJAY SERVICES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2001-5473 DANA CORPORATION, Defendant CIVIL ACTION -LAW JOINT PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R. Civ. P. 229(a), please mark this matter discontinued and ended with prejudice. BAN~jGS/SLAW OFFICE B I r~ 11~~ Y Michael L. Bangs, E ire I.D. No. 41263 429 South 18t" Street Camp Hill, PA 17011 (717) 730-7310 Attorneys for Plaintiff McNEES WALLACE & NURICK LLC By sot Donald B. Kaufm n, Esquire I.D. No. 49674 Susan V. Metcalfe, Esquire I.D. No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Dated: /1/w, ~ ~ .~ CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by United States first-class mail, postage prepaid, upon the following: Michael L. Bangs, Esquire Bangs Law Office 429 South 18~h Street Camp Hill, PA 17011 McNEES WAL/LA//CAE & NURICK LLC By: uti Y I r ~ Susan V. Metcalfe PA ID No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 (717) 237-5300 (fax) Attorneys for Defendant Dated: November, 2004 r ~~ C'~ ~+ ~„_ .. ~ Ci _ ll ~ 1 ;: ~-~ ~ . y GJ C~ tra -< C? v. -c t~, w A'a Services, Inc. Plaintiff r ra ion Defendant In The Court of Common Pleas of Cumberland ~p~ - County, Pennsylvania No. O 1- 5 4 7 3~ Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity: Signature Signature Ronald E. Johnson ~r1fJ Name (Chairman) Name Andrews & Johnson Law Firm Law Firm 7R W_ PnmfrPt Gtraet Address Address Signature Name Law Firm Address 17013 City, Zip City, Zip CiTy, Zip "10//7 Awara We, the undersigned arbitrators, ha•,~ing been duly appointed and sworn (oraffrmed}, make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) shall be paid $50.00 for his services as Chairman of the Board of Arbitrators .-.George E. Hoffer, P Judge .Arbitrator, dissents. (Insert name if applicable .nta Date of Hearin ~~ ~~ixk==„ g~ Date of Award: ,;:L ~;.~~; sw ~~~'v:l Notice of Entry of Award Now, the day of , 20 , at , _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $, r othonotary Deputy By: i ,- ~ OCT 2 0 2004 ~, AJAY SERVICES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DANA CORORATION, Defendant N0. 2001-5473 CIVIL TERM ORDER OF COURT AND NOW, this ~vZ~day of .t~ 2004, in consideration of the attached Motion, the Order of August 18, 2004 appointing arbitrators in the above-referenced case is hereby vacated. Ronald E. Johnson, Esquire, shall be paid $ ~y • y J for his services as Chairman of the Board of Arbitration. BY THE COURT: G E er, .J. Lovt\ ~~w~.~v_~S~a~SS Io•z~-off o~'~~ .~- I ~is4rcic&x":N~'s~`£Gs~s.+Sass,,.~0.»S ..IrdK'~l. ~,~`e~~°~~~.a e.. ,.,.. sir fr rnFB.nK'. {meas~0rwxa~5a - -.m~n"*,u..~w...o.~Xwa;,.. _ - -~.,.w:..,.eaC~ M~ } I ., .~ o .. _ t~ .~ ~ _~~.. '. ~: its ~- _ vial ._, p~~ ~. ~.~ .,. t_ ~,~ AJAY SERVICES, INC., Plaintiff v. DANA CORORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2001-5473 CIVIL TERM MOTION TO VACATE APPOINTMENT OF ARBITRATORS PETITIONER, Ronald E. Johnson, Esquire, respectfully represents: 1. Petitioner was appointed Chairman of a Board of Arbitration in the above- captioned matter by the Honorable George E. Hoffer on August 18, 2004. The other arbitrators were Christopher Keller, Esquire, and David Lanza, Esquire. 2. Petitioner took the time and effort to review the file and schedule the Arbitration hearing. 3. On October 8, 2004, Petitioner was informed by Plaintiff s counsel that the action was settled. Letter is attached hereto as Exhibit 1. 4. Petitioner has expended approximately one hour in the review of documents, correspondence, and preparation of this Motion. 5. Petitioner asks the Court to vacate the appointment of arbitrators. R ~ WHEREFORE, Petitioner prays Your Honorable Court to vacate the order of August 18, 2004, appointing arbitrators in the above-referenced case, and further requests the Court to direct payment to the Petitioner for his services as Chairman of this arbitration. Respectfully submitted, Date:_____~~~~ S~ Ronald E. Johns i squire ~ t~ ~S ~~~[~~ 429 SOUTH 18TH STREET CAMP HILL, PA 17011 E-mail: mikeban soverizon.net PHONE: 717-730-7310 FAX: 717-730-7374 MICHAEL L. BANGS, Attorney-at-Law WILLIAM E. MII.LER, JR. WENDY S. CHESBRO, Paralegal Of Counsel October 8, 2004 Ronald E. Johnson, Esquire 78 West Pomfret Street Carlisle, PA 17013 RE: AJAYServices, Inc., vs. DANA Corporation Docket No. 2001-5473 Dear Ron: I wish to notify you that we have settled the above-captioned case in which you were appointed the Chairman of the arbitration panel. Thank you for scheduling the arbitration and I request that you return the file to court so that we may take the steps necessary to settle and discontinue the matter of record. Thank you for your assistance. -Very truly~yoursQ, ~~ l~ Michael L. Bangs wsc cc: Bruce D. Schwartz, President Susan V. Metcalfe, Esquire Christopher Keller, Esquire David Lanza, Esquire I .. - ~~ lx w'ra(a'r~.3~~P4*~BN~?FW.a 3~~§""x'f4.?~.kti~.'"44Li.+a~6 ~.,,n m3£fx~m a&P`.1 3IIa.wnli1Ram$dV~13H9~f~t~- - iI?1~ 1~~1 A°~°'` .. ~ V r> ~.> ~-.~ ~•, -t ii r:~ .~ C' :, -- --t ii ?7 .: ' f Y~: '~ ~, iC'_7 ~ - - .~.,.. -_ ; CJ -j _ ~ l ~~. .` A'a Services, Inc. Plaintiff D or 'on Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 01 - 54 7 3 Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Ronald E. Johnson Name (Chairman) Andrews & Johnson Law Firm 7R W_ Pnmfrrat Straet Address Carliclp, pa 170 3 City, Zip u /C/Il Signature Name Law Firm r Address City, Zip Signature Name Law Firm +. Address GYtY, ZiP Award We, the ~.mdersigned arbitrators, ha,~ing been duly appointed and sworn (or affirmed), make-the following award: (l~t~e: If damages for delay are awazded, they shall be separately stated.) shall be paid($SO.OOJfor his services as Chairman of the Board of E. Hoffer, P Judge ~itrator. dissents..(Insertnarne if Date of Hearing: Date of Award: (Chairman) ;~ -. '.,~, Notice of Entry of Award Now, the day of , 20 , at , _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ U Prothonotary By: Deputy