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HomeMy WebLinkAbout99-02974 John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN & SHMMAN, p.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 CHESTER and BARBARA CORNMAN 647 Alexander Spring Road Carlisle, PA 17013-9132 Plaintiffs V. Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW 21" CENTURY CONSULTANTS, INC. ' N0.49-2974 Civil Term 65 Sassafras Court Mountaintop, PA 18707 :JURY TRIAL DEMANDED Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and fil ng i 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 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notificacion: Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y. por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO I vaffiDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN, P. C. 320 Market Strect P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 Attorney for Plaintiffs CHESTER and BARBARA CORNMAN : IN THE COURT OF COMMON PLEAS 647 Alexander Spring Road : CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17013-9132 Plaintiffs :CIVIL ACTION - LAW V. NO. 99-2974 Civil Term 21" CENTURY CONSULTANTS, INC. 65 Sassafras Court Mountaintop, PA 18707 :JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, come the Plaintiffs, Chester M. Comman and his wife, Barbara L. Cornman, by and through their counsel, Goldberg, Katzman and Shipman, P.C., who file this Complaint by respectfully stating the following: Plaintiffs are married adult individuals who currently reside at 647 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013-9132. 2. It is believed and therefore averred that Defendant is a Pennsylvania corporation with a place of business located at 65 Sassafras Court, Mountaintop, Luzeme County, Pennsylvania 18707. 3. Plaintiffs own a home located at 647 Alexander Spring Road, Cumberland County, Pennsylvania. 4. In January of 1998, Defendant was engaged in the construction of a building to be utilized by Whirlpool behind Plaintiffs' home. 5. As Part of Defendant's construction activities, they performed blasting at the construction site. 6. The blasting occurred within approximately 600 feet Of Plaintiffs' home. The blasting activities carried on by Defendant carried a high degree of risk of some harm to persons, land and or chattels of others. 8. Blasting activities carry a likelihood that the harm that results from this activity will be great. 9. Defendant is unable to eliminate the risk of the blasting activity with the exercise of reasonable care. 2 10. Blasting is not an activity which is a matter of common usage. 11. It was inappropriate for Defendant to conduct blasting activities within such a close proximity to Plaintiffs' and other individual's homes. 12. Defendant's blasting activities' danger outweighs any value to the community. 13. Defendant's blasting activities constitute an abnormally dangerous activity; therefore, Defendant is strictly liable for any harm caused to Plaintiffs and/or their property. 14. Defendant's blasting activities caused cracks to form in the walls of Plaintiffs' home. 15. Plaintiffs were forced to incur expenses to correct the damage done to the walls of their home as a result of Defendant's blasting activities. 16. Plaintiffs have also lost the quiet use and enjoyment of their home during the blasting activities. 3 WHEREFORE, Plaintiffs demand judgment against Defendant together with costs of suit, delay damages and interest which is an amount requiring this matter be submitted to compulsory arbitration. Respectfully submitted, GOLDBERG, KA.TZi%IAN & SHIPMAN, P.C. By: /' --./H Jo . Nmosky, Esquire /V -_- Attorney I. D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: 23388.1 Attorneys for Plaintiffs 4 3 ERIF- - ICATION It CHESTER M. CORNMAN, SR, hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4404, relating to unswom falsification to authorities. CHESTER M. CORNMAN, SR DATE: VERIFICATION I, BARBARA L. CORNMAN, hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. BARBARA L. CORN?MAVN` DATE: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the day of 1999, addressed to the following: Karen S. Coates, Esquire Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 GOLDBERG, KATZMAN & SHIPMAN, P.C. B : Ate. John JohnNmoossky; sqT uire - Attorney I. D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 Attorney for Plaintiffs } Q% U) c W C7 CV 7 Q ca v. y m Kenneth A. Rapp, Esquire Attorney I.D. # 41071 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17106-0999 (717) 237-7149 Attorneys for Defendant CHESTER CORNMAN and BARBARA CORNMAN, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 99-2974 TWENTY FIRST CENTURY CONSULTANTS, INC., Defendant NOTICE TO PLEAD TO: Chester Comman and Barbara Comman c/o John R. Ninosky, Esquire, their attorney You are hereby notified that you are required to respond to the enclosed Answer with Now Matter within twenty (20) days of service or a judgment may be entered against you. Date: June 17, 1999 THOMAS, THOMAS & HAFER, LLP Attorhey 1. D. # 41671 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108-0999 (717) 237-7149 Attomeys for Defendant Kenneth A. Rapp, Esquire Attorney I.D. # 41871 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7149 Attorneys for Defendant CHESTER CORNMAN and BARBARA CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. V. TWENTY FIRST CENTURY CONSULTANTS, INC., Defendant CIVIL ACTION - LAW NO. 99-2974 ANSWER WITH NEW MATTER OF DEFENDANT TWENTY FIRST CENTURY CONSULTANTS INC. 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. In January, 1998, Defendant was engaged in blasting activities in conjunction with a project for Kinsley Construction Co. 5. Admitted in part. Denied in part. It is admitted that Defendant performed blasting at the subject construction site. By way of further response, the construction activities were being performed by Kinsley Construction Co. 8. Admitted. 7. Denied. Paragraph 7 contains statements and conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, the Defendant acted reasonably, properly and prudently at all times relevant hereto. 8. Denied. Paragraph 8 contains statements and conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 9. Denied. Paragraph 9 contains statements and conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, the Defendant acted reasonably, properly and prudently at all times relevant hereto. 10. Denied. Paragraph 10 contains statements and conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 11. Denied. Paragraph 11 contains statements and conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, it is specifically denied that Defendant committed any inappropriate activities related to Plaintiffs' claims. At all times relevant hereto, Defendant acted reasonably, properly, prudently and in accordance with the regulations governing demolition and blasting activities. 12. Denied. Paragraph 12 contains statements and conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 13. Denied. Paragraph 13 contains statements and conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, it is specifically denied that Defendant's blasting activities constituted an abnormally dangerous activity or that the Defendant is strictly liable for any harm allegedly caused to Plaintiffs and/or their property. 14. Denied. It is specifically denied that Defendant's blasting activities caused cracks to form in the walls of Plaintiffs' home. To the contrary, it is believed and therefore averred that the cracks, if any, were the result of, inter atia, weather conditions, differential settlement, natural weaknesses to the foundation, and lateral soil pressure. 2 15. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averment and accordingly denies the same. 16. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averment and accordingly denies the same. WHEREFORE, Defendant Twenty First Century Consultants, Inc. respectfully requests judgment be entered in its favor and against Plaintiffs, together with such other relief as deemed appropriate and just. NEW MATTER PURSUANT TO PA. R.C.P. 1030 17. Defendant committed no acts which could be construed as negligence or in breach of any duty owed to Plaintiffs, therefore, Plaintiffs' Complaint fails to state a claim against Defendant upon which relief may be granted. 18. At all times relevant hereto, Defendant acted reasonably, properly and prudently. 19. At all times relevant hereto, Defendant acted in accordance with applicable laws and regulations governing blasting and/or demolition activities. 20. Plaintiffs' damages, if any, were caused by the actions and/or omissions of third parties over whom the Defendant had no responsibility to control or direct. 21. The damages, if any, to the Plaintiffs' property were caused or contributed to by forces outside the control of the Defendant, including but not limited to, weather conditions, differential settlement, natural weakness of the foundation, and lateral soil pressure, and not the blasting activities performed by Defendant. 3 WHEREFORE, Defendant, Twenty First Century Consultants, inc. respectfully requests judgment be entered in its favor and against Plaintiffs, together with such other relief as deemed appropriate and just. Respectfully submitted, THOMM, THOMAS & Attorne I.D. # 41671 305 N rth Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7149 Date: June I ) , 1999 Attorneys for Defendant 4 LLP VERIFICATION I, Kirk Janowitz, a duly authorized representative of 21°` Century Consultants, Inc., Defendant in this action, do hereby verify that the statements made in the foregoing Answer to Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. Date: 14nue. '1999 215'CENTURYCONSULTANTS, INC. r Kirk Janow' 5 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing document by first class mail, postage pre-paid, addressed to the following: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 THOMAS, THOMAS & HAFER, LLP K nneth A. Rapp, Esqu' e Date. 1999 62610. 4 9 6 r y ri i. 4v_. Cn ? U V c:n -------------------- 6 a W o ? o y ? N m ? a o m a T 4 O R 4 = m J R N E o m z a o RE .. z ¢ N rr O = i? n ------------------ 'i d qa John llockenslni th Masonry 1227 Ritner Hwy. Carlisle PA. 17013 1;)AiE I.1 it q': It aill : i11111,111 11 1 1 11 1 Chester Cornman 647 Alexander Spring RD. Carlisle, Pa. 111""11:,:• 17013 - II ? ?r111U1 'Il• j1h, w (717) 243-9274 (717) 776-3392 AS per your request John Hockensmith Masonry is pleased to provide this proposal. Job Scope 1-Fix crackes in block wall. 2-Put Thoroseal on block walls Materials and Labor Price $2,390.001 , ,-7 C) 11611,:114.1 pllgnl.+r br h1, w:IL I81h11 and ucUCrl:d. 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I... r•I ul I••. 1,1, Jl p. r+1 .. 1111 II ' I k, P I i( )I'( ); ; /\ 1, CHESTER CORNMAN and IN THE COURT OF COMMON PLEAS OF BARBARA CORNMAN CUMBERLAND COUNTY, PENNSYLVANIA NO. 2974 CIVIL 1999 V. 215T CENTURY CONSULTANTS, INC. NOTICE OF ARBITRATION HEARING YOU ARE HEREBY NOTIFIED that the arbitrators named below and appointed by the Court in the above captioned matter will meet for the purpose of their appointment on December 1, 1999, at 1:30 p.m. in the 5'h Floor Hearing Room, Cumberland County Court House Carlisle, Pennsylvania, at which time you may appear and be heard, together with your witnesses and counsel, if you so desire. October 26, 1999 Frances H. Del Duca, Chairman TO: John R. Ninosky, Esq. Attorney for Plaintiffs Kenneth A. Rapp, Esq. Attorney for Defendant David Lanza, Esq. Arbitrator Maura Quinlan, Esq. Arbitrator Bulletin Board Prothonotary's Office I ? 1 i l CHESTER and BARBARA CORNMAN, Plaintiffs v. 21st CENTURY CONSULTANTS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2974 CIVIL 19 99 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: John R. Ninoskv. Esquire counsel for the plaintiff in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ less than $10,000.00. The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Kenneth A. Rapp, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, John R. Ninosky, Es uire ORDER OF COURT r. AND NOW, 19 in consideration of e foregoing petition, //ArCv, Esq., and //?,??/ ,Esq., are appointed arbitrators in the above-Captioned action (or actions) as prayed for. h C r ll! P. J. ?, CU` ,_ ;_Ji?1? CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the _- day of 1999, addressed to the following: Kenneth A. Rapp, Esquire Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: X 1-r John R. Ninosky, Esquire Attorney I. D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 Attorney for Plaintiffs ^ V, C? z ry 9 1 I r" COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No r NOTICE OF APPEAL Notice is given 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 Mentioned below. Inc. 05 Sassafras Court 04-30-99 Chester and Barbara Cornman 09-3-03 PA 18707 First Century Consultants 19 CV 0000052-99 LT (i'ir L T 19 (//5C-1..? This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will Operate as a SUPERSEDEAS to the judgment for possession in this case. Signature Of Prolhonnlary or Deputy If appellant was Claimant (see Pa. R.C.P.J.P. No. 1007(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. I (This section of form to be Used P ONL O he appellant RULE DEFENDANT ( COMPLAINT Pa.. R C.P.J PNU No. 1RULE TO FILE 0070 if? action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary i Enter. rule upon Chester Cornman and Barbara Cornman Q0 rY? Name of appellee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No. within twenty (20) days after set cc f r or suit entry of judgment of non pros. i i Chester Cornman and Barbara Cornman gnamr allanr or his attorney or agent RULE: To Name of appelloelsl appellee(sl (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU. (3) The date of service Of this rule if service was by mail is the date of mailing. Date: 1? cnra Signature of Prorhonota a eputy AOPC 31290 i'.t)L%Rl f-ILI_ 10 GI FILia? 41'il I I . (_: i ttG":i)Ii"tid'e' + a ) > b_ u:. ?X,f. L? 1 J 'it L f. -1i u t . u. m C) U -G1 • uo sa,ldxe UOISSIwwoa AIN /00910100011 apew seM 1!nep!l)V wogM 04010y MPY1010 ")a"A'S m 7uep1e to a,n,euG!g __ -GI' d0AV0 SIHl 3W 3HOd38 03aIHOSa1S ONV (03NHIdHV) NHOMS •olway palaeT]e ldia0al s,,apuas'Gew -G1 . --uo passa,ppe seM alnH all wolm (pa,alsl60l) (palpl,as) Ay ? aaln,as leuos,ad Aca ? 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(717) 486-7672 17065 21ST CENTURY CONSOLTAtJ'1'S' 65 SASSAFRAS COURT MO'Z'Ta:' TOP, PA 18707 1 r THIS IS TO NOTIFY, YOU THAT: Judgment: ?X Judgment was eritered lot: 0 Judgment wag entered against: 1655.06-13 lel2o 42E2 P.06/es Jdy lL 77 14•V1 r.4o NOTICE OF JUDGMENT/TRANSCRIPT C ENT/TRANSCRIPT PUINTIFF: N?uCASE rC0881blArJ, CHBOTER & BARBARA 1 1.30 OS 2013 "CHANICBBURG, PA 17055 L J DEFENDANT: vs. H.vaRrrAooruae Ib9T.CEW=y CONSULTANTS 'I 65 SASSAFRAS COURT HOUHTAIINTOP, PA 18707 L J Dockel.f4o.: CV-0000053-99 Date Filed: 3/16/99 (Name) . in the amount of S ---• r - (Date of Judgment) J?gi ? Defendants are jointly and sa l __4 gn vera ly liable. (Date & Time) ? Damages will be assessed on: Amount of Judgment § 2,390 00 ? This case dismissed witho t Judgment Costs S- 66.00 Int u prejudice., erest on Judgment 5 00 Att ? Amount at Judgment Subject to orney Fees §_ DO Total S 2,456,0o _ AttachmenVAct 5 of 1996 S? Post Judgment Credits § ? LevyTy slayed7dr- days or '- - - rrr ebst ge -- g --= -_- ? Objection to levy has been filed and h Certified Judgment'TOtat 5 _ earing will be held: !Sate: ' ... . - Placa: C ' ' Time: I ANY PARTY HAS THE RIGHT TO AL WITHIN 30 OAYSAFiER THE ENTRY UDGMEN7 BY FILING NOTICE OF APPEAL WITH THE PROTH OT Y/CLERK OFTtjE COURT LtUS7 INCLUDE A COPYOFT?S NOV E OF JuOGk{Fryj " NNON PLEAS CIVIL DIVISION. YOU F IP, ORIA WITH YOUR NOTICE OF APPEAL. DatC Distract Justica i'dbnl!y thafthisis e' e•a dorrect rep of Iho reto 'C d roe ngs containing the judgment. Distract J?shce My commissicn ex es firs Monday o' JarAry 04 AOPCS15.ga . ,. SEAL f CHESTER CORNMAN and BARBARA IN THE COURT OF COMMON PLEAS CORNMAN, CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW V. NO. 99-2974 TWENTY FIRST CENTURY CONSULTANTS, INC., Defendant PROOF OF SERVICE I, Karen S. Coates, Esquire, hereby certify that the Notice of Appeal from District Justice Judgment was served upon the following parties via certified mail: Chester Comman and Barbara Comman P. O. Box 2013 Mechanicsburg, PA 17055 District Justice Susan K. Day 229 Mill Street, Box 167 Mt. Holly Springs, PA 17065 Copies of the signed certified receipt cards are attached hereto as Exhibit "A." Attorney I.D. # 52654 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Date: May 19, 1999 Attorneys for Defendant v DER: N plole "on, t 4"12 for add:bonal euol :n,. P101o items 3, 4a, and 4b a , your name and addmss on tAe inverse ,a p,,? form sa that we Can ret to YOU. N h ONO loan to the rrom of the ma,lpiece. nr : n pm back it S it. urn Iles pam does not $ a o 'Rerurn ROCe,Nr RO0ueslod•oo the ew,ip¢ce beloW the snide numher. Retum Re[e,pt will show to whore the an?i nred lu w d D . . as delivere - le Addressed to: d and the date E OAe?^?-;(`,??Ck•1 'LJ n 4a. Article N/Um o u `UC rY?l J l? 4b. Service Typ yr , .? 1 ? Registered ? 4,u? ; ?? J-A ? Express Mai! ? Return Rece t, ¢ 7 _ . Date of Deli 5ed Dy: (Pnnt Name) w I 8. 8. Addressee's 0 6. Signigre (Add ssee or Ag tee is paid) 42 _ l,9 ?Y11A 11nf)Al0,4 PS Form 3811,Deoember1994 I also wish to receive the follow. ing services (for an extra tee); 1- ? Addressee's Address u 2.13 Restricted Delivery m m ,?Ec erN.ed wed c chandise j ova ° Onl a steel and y . 1 el va € r 10259599.6-0223 a SENDER: m 0Completeitems 1 and'or 2 for additional services. Complelo items 3, 4a, and 4b. O Print your name and address on the reverse of this hurn WOW we ran return the sold to you. 0 Attach this 10" 10 the front of the mbpiece, or on the balk 4 seam does not m pemel. t 0With 'Relum ROMP' Reloaded' on the mail0iece below lh4 aside number. 0 The Return Asocial will show 10 whom the erode was delivered III the dale o delivered. 3. Article Addressed to. 4a. Article M OcES., :,Z?.51?, , K. Z 4b. Service T c to n? m v ¢ t ¢ ( a c ? r A ' )omestic Return Receipt I also wish to receive the folio ing services (for an extra fee): , 2 10 Addressee's Address 2. ? Restricted Delivery ooa ?? I ? Registered ertilietl ? E M /? xpress ail ? Insured a c ,, .nnJ *Ao \ ?l /, C•p 1 u - `'? Return Receipt for Merchandise ?COD 7. Date of Delivery w 5 Re c mllN me) B. Addressee's Address( n/y it requested a , . lee is paid) c 6. Sig lur (Addressee o A enq Form 3811, December 1994 102595.99-e-0223 Domestic Return Rer i n.- u ? P u? i _ ?•? ?.I;': ?? C r' c :.. .. ,! _ `? Y C? s ii' ]? ? _ L i'i -? ?,, v' r? CHESTER CORNMAN and BARBARA CORNMAN, Plaintiffs V. TWENTY FIRST CENTURY CONSULTANTS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 99-2974 PROOF OF SERVICE I, Karen S. Coates, Esquire, hereby certify that the executed Rule to File Complaint was served upon the following via certified mail: Chester Cornman and Barbara Cornman P. O. Box 2013 Mechanicsburg, PA 17055 A copy of the signed certified receipt card is attached hereto as Exhibit "A." & HAFER, LLP ( Kin S. Coates, Esquire ttomey I.D. # 52654 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Date: May 27, 1999 Attorneys for Defendant e . 1 . v SENDER: m 0 Complele from$ 1 and/or 210, adodional semces. Co m plain n 3, Aa, and Ap, m I also wish to receive the follow. ing Services (for an extra f arn. ? Pdnl ee): your name m and address on the reverse of has form so did we Part return Ibis card to you, ` ? Mesa Ims form to the front of the mailpiece, or an the back A m Permit. 1. O Addressee's Address spire does not ti e 0W-10'Rahrm nw,,pt Requoslod'on the mailpiocO below the 0 The Return Recaipt will show to whom the aniUe was d li d 2. 0 Restricted Delivery e 2 m N e ver 0 eLVered. data ed agthodale v 3, Anicle Addressed to: m 4a. Anicle Num r ? ? U P' 0 X01 4b 3ervlce Type '" E QExpe Registered Certified ? Express M ECHA/ 9 J t ? ? Insured ?Retum Re ipt rM,h, and, COD C = I 7. Date of $ 6. Receivetl By: (prior NarneJ 19 V C 9 X am, Si c 6 B. Addresse s dress (on i quested and lee IS paid . g r?(??QQ????rre;ssee Jn nln, w I rs rl ???/ • . A!/I.C?I rS Ronn 3811, December 1994 I? -- 102595 99 B-0223 Domestic Return Receipt 11`?k ` i =r+ i ? rhDYq :.r„ L.:f l(7 ( :_ _ L' i ' l _, IJ.I- ' : ? ?? 1 ?': 1-:. t .... ? C .': _. ._-J l"1 ?. ?•. ? IJ . LL_ ?.. I l __ _ i'\ ?J v c, CJ John R. Ninosky, Esquire Attomey I. D. No. 78000 GOLDBERG, KATZMAN & SWMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 Attorney for Plaintiffs CHESTER and BARBARA CORNMAN 647 Alexander Spring Road Carlisle, PA 17013-9132 Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : NO. 99-2974 Civil Term 21" CENTURY CONSULTANTS, INC. 65 Sassafras Court Mountaintop, PA 18707 :JURY TRIAL DEMANDED Defendant PLAINTIFFS' REPLY TO NEW MATTER AND NOW, come Plaintiffs, Chester and Barbara Cornman, by and through their counsel, Goldberg, Katzman and Shipman, P.C., who file this Reply to New Matter by respectfully stating the following: 17. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required by Plaintiffs. If a response is deemed to be required, the averments contained herein are denied. 18. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required by Plaintiffs. If a response is deemed to be required, the averments contained herein are denied. 19. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required by Plaintiffs. If a response is deemed to be required, the averments contained herein are denied. 20. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required by Plaintiffs. If a response is deemed to be required, the averments contained herein are denied. 21. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required by Plaintiffs. If a response is deemed to be required, the averments contained herein are denied. WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor and against Defendant.. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ??'Clay z /l1?GL9?S? Jo t. N.nosky, Esquire T Attorney I. D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: 7 Attorneys for Plaintiffs 25144.1 ti VERIFICATION I, CHESTER M. CORNMAN, SR., hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. CHESTER M. CORNMAN, SR DATE: VERIFICATION I! f r I i i I, BARBARA L. CORNMAN, hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing document; and that the facts stated thercin are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa, C. S, Section 4904, relating to unsworn falsification to authorities. BARBARj C AN DATE: s CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 1- day of 1999, addressed to the following: Kenneth A. Rapp, Esquire Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ??' L John Nmosky, Esquire Attorney I. D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiffs r i Kenneth A. Rapp, Esquire Attorney I.D. # 41671 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7149 Attorneys for Defendant CHESTER CORNMAN and BARBARA CORNMAN, Plaintiffs V. TWENTY FIRST CENTURY CONSULTANTS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 99-2974 PRAECIPE TO THE PROTHONOTARY: Enter the appearance of Kenneth A. Rapp, Esquire and the law firm of Thomas, Thomas & Hafer, LLP as counsel for Defendant Twenty First Century Consultants, Inc. in the above captioned matter. THOMAS, THOMAS & HAFER, LLP Konth X-Rapp, Esquire A ey 1. D. # 41671 305 orth Front Street P. 0. Box 999 Harrisburg, PA 17106-0999 (717) 237-7149 Date: June 7, 1999 Attorneys for Defendant CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing document by first class mail, postage pre-paid, addressed to the following: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 THOMAS, THOMAS & HAFER, LLP Dater Kenneth AgRapp, Esquire y f , 1999 7 :62199.1 c o) } r a. C• t? ul5 CV i )`L t.).'; CC) . 1.0 - 7 I L! .J UL u] ;7dL LC.) U U i i I i Kenneth A. Rapp, Esquire Attorney I.D. # 41671 Thomas, Thomas & Hafer, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108-0999 (717) 237-7149 Attorneys for Defendant CHESTER CORNMAN and BARBARA CORNMAN, Plaintiffs V. TWENTY FIRST CENTURY CONSULTANTS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 99-2974 CERTIFICATE OF SERVICE I, BROOKS R. FOLAND, ESQUIRE, attorney for Defendant, certify that Defendant's First Set of Interrogatories and Request for Production of Documents addressed to Plaintiffs in the above-captioned matter was served upon John R. Ninosky, Esquire, Goldberg, Katzman & Shipman, P.C., 320 Market Street, P. 0. Box 1268, Harrisburg, PA 17108-1268, by placing same into the general delivery mail on this A day of June, 1999. Respectfully submitted, by: THOMAS, THOMAS ,& HAFER, LLP Kerfne A. Rapp, Esquire I. D. N .41671 305 North Front Street, 6"' Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7149 Attorneys for Defendant ,1., ?,t;;: ?' I '` ` '<'; is is f, ('; >. ;° ;; i i ,. ?- r r- '' - ? _ ?,?? i ;V . Fi..:_.: ci_ _.._ u.? i N _ ii i-i _ _J ll_ C"1 ':? ?% U, CJ Nff -,iVii? oelr I'm 4 yu v- ) OATH In The Court of Common Pleas of Cumberland County, Pennsylvania No:,2 1/ L( l9? We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties of our office with fidelity. AWARD Wa,.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.) (N fig?O/Z y6 ?iff?riy0??iyf 2 / .2i/ n/it,i ri2c/ ro2y-SUG LY.#-7'S //UC ///I//7 /z/a/fiiv5i i/ate '02 /11 ivl ifr-I Arbitrator, dissents. (Insert name if applicable.) Data of Hearing: /,Z - / -5-? Date of Award: C (0, W)o Mal) NOTICL OF ENTRY OF AWARD Now, the / day of ?( ?csm??/? 19 at ?_z, L.:i., award was entered upon the aocxet and notice thereof given by mail parties or their attorneys. Arbitrators` compensation to be paid upon appeal: $ X90, nJ ( Chairman \ the above to the cr 1 ?ly U '' -)r7rI'l 1 ?