HomeMy WebLinkAbout99-03962i
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Johnson, Dtjffle, Stewart & Weidner
By: Michael 1. Cassidy, Esquire
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
JET-VAC SERVICE AND EQUIPMENT, INC.,
Plaintiff
V.
RAPID ROOTER, INC.,
Defendant
NOTICE TO DEFEND
To the Defendant:
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 defense 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, Pennsylvania 17013
Telephone: (717) 249-3166
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Johnson, Duffle, Stewart & Weidner
By: Michael J. Cassidy, Esquire
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
JET-VAC SERVICE AND EQUIPMENT, INC.,
Plaintiff
V.
RAPID ROOTER, INC.,
Defendant
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
C'??:QTR
NO. 99- 3962-
CIVIL ACTION - LAW
AND NOW, this 24? ay of June 1999, comes JET-VAC SERVICE AND EQUIPMENT, INC., the
Plaintiff, and by its attorneys, Johnson, Duffle, Stewart & Weidner, brings this action against the Defendant
in the above-entitled case to recover the sum of Nine Thousand Two Hundred Dollars ($9,200.00) with
interest from the 9'" day of July 1997, upon a cause of action whereof the following is a statement:
1. The Plaintiff herein is JET-VAC SERVICE AND EQUIPMENT, INC., a corporation organized
and existing under the laws of Pennsylvania, doing business at 3 Long Lane, Mechanicsburg, County of
Cumberland, Pennsylvania.
2. The Defendant herein is RAPID ROOTER, INC., a corporation doing business at 567 Leppo
Road, Westminster, Maryland.
3. On various occasions, the Plaintiff and the Defendant entered into a contract wherein and
whereby the Defendant agreed to buy and the Plaintiff agreed to sell merchandise and services at the times,
of the kind, in the amounts, and at the prices as follows:
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a. On or about July 17, 1997, Plaintiff installed an eighteen (18) inch Cured-in-Place
New Life Liner, which was four (4) feet in length, at North Otis and Newton Place for a total charge
of $2,800.00, more fully appearing by a true and correct copy of the Plaintiffs book of original entry
hereunto annexed, made a part of this Complaint and marked as Exhibit "A."
b. On or about July 8, 1997, Plaintiff installed two (2) twenty-one (21) inch diameter
Cured-in-Place New Life Liners, each four (4) feet in length, at a location described as Park Street in
connection with the Kajima-Kiska J.V. Project for the Washington Area Sewer Authority in
Washington, D.C. After remedying various repair complications, installation was successfully
completed on or about August 24, 1998. A true and correct copy of the Plaintiffs book of original
entry for the original July 8, 1997, installation is hereunto annexed, made a part of this Complaint
and marked as Exhibit "B."
4. The Plaintiff avers that the charges were made in the said books at or about the time of their
respective dates, and that the goods and services for which said charges were made were sold and
provided as charged, at the special instance and request of the said Defendant.
5. The Plaintiff further avers that the prices charged were just and reasonable and were the
prices that the Defendant agreed to pay.
6. Per the invoices provided to Defendant by Plaintiff, such invoices being contained in Exhibits
"A" and "B," Defendant is required to make payment to Plaintiff at Plaintiffs principal place of business in
Mechanicsburg, County of Cumberland, Pennsylvania.
7. The Plaintiff further avers that the Defendant, although frequently thereunto requested,
refuses and still does refuse to pay said sum or any part thereof.
8. Plaintiff therefore claims there is now justly due and owing by the Defendant the sum of
$9,200.00, with legal interest thereon from the 9th day of July 1997.
WHEREFORE, Plaintiff demands judgment against the Defendant, ATLANTIC CONTRACTING,
INC., in the amount of $9,200.00 with interest thereon from the 9" day of July 1997, and the costs of this
suit.
Date: Z4 1519
:123662
Respectfully Submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
ey. ?
Michael J. C ssidy
Attorney I. . No. 82164
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
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I verify that the statements made in this Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are made subject to the penalties of
18 Pa. C.S.A §4904, relating to unsworn falsification to authorities.
Date: qT&", ICJ . 30? . ?^u U' ?n ao .
Steven G. Bowman
Exhibit A
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SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1999-03962 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JET-VAC SERVICE AND EQUIPMENT
VS.
RAPID ROOTER INC
R. Thomas Kline , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according to law,
served the within named DEFENDANT, RAPID ROOTER INC
by United States Certified Mail postage prepaid, on the 28th day of
June , 1999 , at 8:00 HOURS, at 567 LEPPO ROAD
WESTMINSTER, MD 21158
a true and attested copy of the attached NOTICE AND COMPLAINT
The returned receipt card was signed by CAROL WRIGHT
on 02/1999.
Sheriff's Costs:
Docketing
CERT MAIL
18.00
4.56 So answers:
Affidavit .00
Surcharge 8.00 A 7 it omas-PTif ?, S?ifr
$? II
0O/ SON DUFFIE, STEWART
subscrib
Sworn and to before me
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this r, day of ` b. G..
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$ SENDER:
e complete cams t and/or4 for additional services I eceive the
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• Complete items 3.49, end 4b.
• Pl nl your name and aftess on the reverse of this farm so that w ices (for an
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this form to the front of tho mailpiece, or on the back
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if space does not
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ssee's Address
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Rehire Receipt w Rshow t whom articlece below
e adicf9 number.
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ted Delivery 2
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3dAveree:
aster for lee. r/1
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CL Rapid Root er, Inc.
0 567 eppo Road
Westminster, MD 21158
6. Received By (Print Name)
6. Signature: (Addresse A ent)
0 X ?1 ( n?
°-° PS Form 3811, December 1994
40. Service Type J/ E
? Registered' 1CI Certified
? Express Mail ? insured c
? Retum Receipt for Merchandise ? COD
1. Da1e/o1 De cry Q^y
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9. Addressee's Address (only if requested •Y
and fee is paid) m
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JET-VAC SERVICE AND EQUIPMENT,
INC.,
Plaintiff
No. 99-3962
V.
RAPID ROOTER, INC.,
Defendant
RULE TO SHOW CAUSE
AND NOW, this _ day of , 1999, a Rule to Show Cause is
issued upon Plaintiff Jet-Vac Service and Equipment, Inc., to show cause why the Preliminary
Objections of Defendant Rapid Rooter, Inc. should not be granted.
This Rule is returnable on the _ day of , 1999, in Courtroom
No. _ of the Cumberland County Courthouse, at which time a hearing will be held and
evidence will be taken, if deemed appropriate by the Court, on the Preliminary Objections.
BY THE COURT,
J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JET-VAC SERVICE AND EQUIPMENT,
INC.,
Plaintiff
V.
RAPID ROOTER, INC.,
Defendant
No. 99-3962
ORDER
AND NOW, this _ day of , 1999, upon consideration of
Preliminary Objections of Defendant Rapid Rooter, Inc. and it appearing that the Court lacks
personal jurisdiction over the Defendant, it is hereby ORDERED that the Preliminary Objections
are sustained and the action against Defendant dismissed.
BY THE COURT,
J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JET-VAC SERVICE AND EQUIPMENT,
INC.,
Plaintiff
No. 99-3962
V.
RAPID ROOTER, INC.,
Defendant
NOTICE TO PLEAD
You are hereby notified to file a written response to the Preliminary Objections
contained in the enclosed Preliminary Objection of Defendant Rapid Rooter, Inc.to Plaintiff's
Complaint within twenty (20) days from service hereof or a judgment may be entered against
you.
BARLEY, SNYDER, SENFT & COHEN, LLC
BY ? At
Rob J. Fe r, Esquire
N 6
Ea Street
P.O. Box 15012
York, PA 17405-7012
(717) 846-8888
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JET-VAC SERVICE AND EQUIPMENT,
INC., Plaintiff No. 99-3962
V.
RAPID ROOTER, INC.,
Defendant
PRELtmu.AR= PLAINTIFF'S COMPLAINT
AND NOW, comes Defendant Rapid Rooter, Inc. by counsel Barley, Snyder, Senft &
Cohen, LLC, and preliminary objects to Plaintiffs Complaint as follows:
PRELIMINARY OBJECTION RAISING QUESTION OF LACK OF PERSONAL
JURISDICTION
1. Plaintiff instituted the instant action in Cumberland County, Pennsylvania.
2. Defendant Rapid Rooter, Inc., is a Maryland corporation doing business at 567 Leppo
Road, Westminster, Maryland 21158.
3. Plaintiffs Complaint alleges breach of contract arising out of work performed by
plaintiff for Defendant in Washington, D.C.
4. All services provided by Plaintiff under the contract were performed in Washington,
D.C. (See Affidavit of Thomas Wright attached hereto as Exhibit "A")
5. The materials provided by Plaintiff under the contract were delivered to Washington,
D.C.
6. The contract was negotiated in Washington, D.C.
7. Defendant never traveled to Pennsylvania for any business purpose related to this
contract of for any other business with Plaintiff.
8. Defendant had not contracted with Plaintiff prior to the contract alleged in the
Complaint.
9. Defendant Rapid Rooter, Inc. has not had the minimum contact sufficient for in
personam jurisdiction under the Pennsylvania long-arm statute, 42 Pa.C.S.A. §5322.
10. Defendant respectfully submits that this Honorable Court does not have personal
jurisdiction over Defendant.
WHEREFORE, Defendant Rapid Rooter, Inc., respectfully requests that Plaintiffs
Complaint be dismissed for lack of personal jurisdiction over Defendant.
BARLEY, SNYDER, SENFT & COHEN, LLC
B ?
Rober . Sc fte
Court .78 6
Attorneys or Defendant
100 East Market Street
P.O. Box 15012
York, PA 17405-7012
(717) 846-8888
829630
VERIFICATION
I, Thomas Wright, President of Rapid Rooter, Inc., being duly authorized to do so, hereby
verify that the facts set forth in the foregoing Preliminary Objection Of Defendant Rapid Rooter,
Inc. To Plaintiffs Complaint are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.
§4904 relating to unworn falsification to authorities.
Dated: t Y. et 1
_
(?)
Exhibit A
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
Before me the undersigned personally appeared Thomas Wright, President of Rapid
Rooter, Inc., who deposes and says as follows:
1. The affiant is Thomas Wright, President of Rapid Rooter, Inc., a corporation in the
business of utility contracting, incorporated under the laws of the State of Maryland with a
principal place of business at 567 Leppo Road, Westminster, Maryland 21158.
2. Rapid Rooter was a subcontractor for the Washington Area Metro Transit Authority
construction project to clean, video and inspect sewer lines in the Washington, D.C. area.
3. In or about May 1997, I invited Steve Bowman of Jet-Vac to visit the construction
site in Washington, D.C. to look at a subcontractor job that was available to repair damaged
sewer lines.
4. Mr. Bowman visited the construction site in Washington, D.C. in May 1997 and he
and I discussed the job. Plaintiff provided an estimate for completion of the job while he was in
Washington, D.C.
5. Mr. Bowman of Jet-Vac then sent a proposal in writing to Rapid Rooter's place of
business in Westminster, Maryland. See Exhibit "A." On or about May 19, 1997, I faxed the
proposal back to Mr. Bowman with my signature on it.
6. All of the work contracted for was performed in Washington, D.C.
7. All of the materials provided by Jet-Vac were delivered to and used in Washington,
D.C.
Exhibit "A"
8. Neither I nor any employee of Rapid Rooter, Inc. traveled to the Commonwealth of
Pennsylvania for any business related to the contract with Jet-Vac or any other business dealings
with Jet-Vac.
9. Rapid Rooter had not previously employed the services or materials of Jet-Vac prior
to the subcontract work in Washington, D.C.
10. The only other contact Rapid Rooter had with Jet-Vac in the past, and the reason I
invited Mr. Bowman to visit the Washington, D.C. site, was that Jet-Vac had previously visited
our office in Westminster, Maryland and purchased items from Rapid Rooter.
11. Rapid Rooter does not own any property or maintain any office or agents in the
Commonwealth of Pennsylvania.
Further, deponent sayeth not,
Sworn and subscribed to
before me this j 918ay
of A? ,g+ 1999.
Notary Public
My Commission Expires:
Notarial Seal
Christina L. Stough. Notary Public
York. York County
My Commission Expires Oct. 15. 2001
oosylVarila Association of Notaries
/6
Thomas Wright
I!. to rr.ur Jer ape tree. :? .•+?
'Cay'Wen.i rails :AA.1?facr.-n e....... aV Ce/iwaN? Phosl
JET VAC SERVICE & EQUIPMENT INC.
Thrco Lon Lane
MECHANICSBURO. PA 17055
(717)697.1242
FAX (717) 697-1028
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nrxoalL ayaMRTm TD share ••.
(4101976-4555 DATE
May 16.
1tn id Rooter
erurr aorr rA•e
5 LOIDPO Road
f`iT. aTATE emavooba Point
Me LMYCH
1100tro;Lnaeteer MD 21158 Wasahin
71_0 H7T DATe Of PUNS JOe PMTr1e
ATTNa TOM wRIGHT FASs 14101346-6244
We hereby ru ba* Mmeo wdbme end eeimam for.
Installation of 'New Life Cured-In-Place Spot Repair Liners at the following
..._--
Ioc- atrdn-s:
PIPE
IT-M 4 LOCATION -: SIZE 2' LINER- 4' LI _
_
129' ,_from MH•,$176__$.L-
2 54' _#,rom MH 18 2?1QQ.(LO----••-------
3 65, from MH-A-180.12
4 101 from MHA175,54 12" ??UO COQ- __--_-__--_-.-_--
901 from MH (1176.54_ 18" 21400.00 .00
5
- - -
....-__
6 101 East from M)i #174,_49•__•,,._,.__ 3 =__ 21200_00 __---.........
7101 North-from MH 4174.49 15"'_ 2,200,00._,.,__,..--.-.. .
8 14U South from MH 4174._49 ?..1$" 2 ?4Qt0.0-_•--------------._-
- ***:Flushing, TV Equipment, Traffic control, and Flow control will be
?- provided by Rapid Rooter
ire fcopa¢t' hereby to furnish material and labor- complete in accordance with above specifications. for the sum ot:
AS QUOTED ABOVE dosare (E )•
Peymwdto be mad" ae fellow"
NET 10 DAYS - per bill in of two installations-at a time,::
Au mWeld h wawrr-d b b- a. -cweern •u .wv ,. n. n...r+.?.n in . wvNnvNi. Awanad .... lraf,{ /vrQM
maser aooordneb.bndard VWUCM" ameradbn or devladon ham abm epeaf ow- SgrfatYre ... .
bvamn .m. eau wal to oee° " wW upon w"Mg ordwe, arb we b$Wf- " -dra to Bowman, V: ce-Pres i en
dve- awr an- aewr- w «-.n-r? m -vr••'••wv cananpwd w .nb Mc %d r9 No*: he be -
?
a dNrye beyard.ola Dosed. Owrw to mn1' nn, 10rna00 A'rd OaNt naceu•ry Yraenee. withdrawn by usir
aweria- days r
\ pw wmara an ray ar.w-a rn r.w.rrw.. w..r?..........-....
FjtwDdO ptallet Of jPrGPO8c1I -The Aber criers, apeoirKadons
ons era sadsfactory and aye hereby accepmd. You are allftriZed Slovture
mrk as speolllad. Payme nt VA be made a7 bctiirnd aboe.
evtanee: b - / 4' '
Exhibit "A"
CTAL o.eC
CERTIFICATE OF SERVICE
1, Robert J. Schefter, Esquire, hereby certify that on this date I served a true and correct
copy of the foregoing Preliminary Objection of Defendant Rapid Rooter, Inc. to Plaintiff's
Complaint by depositing a copy of same in the United States Mail, first class, postage prepaid, at
York, Pennsylvania, addressed as follows:
Michael J. Cassidy, Esq.
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
BARLEY, SNYDER, SENFT &a COHEN, LLC
By
RVrthefter, Esquire
78746
arket Street
P.O. Box 15012
York, PA 17405-7012
(717) 846-8888
Dated: August,?11 1999
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JET-VAC SERVICE AND EQUIPMENT,
INC.,
Plaintiff No. 99-3962
V.
RAPID ROOTER, INC.,
Defendant
TO THE PROTHONOTARY:
Please file of record the enclosed Affidavit of Thomas Wright.
BARLEY, SNYDER, SENFT & COHEN, LLC
BY
Ro J. fter, Esquire
Pa.I. .78746
Attorneys for Defendant
100 East Market Street
P.O. Box 15012
York, PA 17405-7012
(717)846-8888
Dated: August 19, 1999
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
Before me the undersigned personally appeared Thomas Wright, President of Rapid
Rooter, Inc., who deposes and says as follows:
1. The affiant is Thomas Wright, President of Rapid Rooter, Inc., a corporation in the
business of utility contracting, incorporated under the laws of the State of Maryland with a
principal place of business at 567 Leppo Road, Westminster, Maryland 21158.
2. Rapid Rooter was a subcontractor for the Washington Area Metro Transit Authority
construction project to clean, video and inspect sewer lines in the Washington, D.C. area.
3. In or about May 1997, I invited Steve Bowman of Jet-Vac to visit the construction
site in Washington, D.C. to look at a subcontractor job that was available to repair damaged
sewer lines.
4. Mr. Bowman visited the construction site in Washington, D.C. in May 1997 and he
and I discussed the job. Plaintiff provided an estimate for completion of the job while he was in
Washington, D.C.
5. Mr. Bowman of Jet-Vac then sent a proposal in writing to Rapid Rooter's place of
business in Westminster, Maryland. See Exhibit "A." On or about May 19, 1997, I faxed the
proposal back to Mr. Bowman with my signature on it.
6. All of the work contracted for was performed in Washington, D.C.
7. All of the materials provided by Jet-Vac were delivered to and used in Washington,
D.C.
8. Neither I nor any employee of Rapid Rooter, Inc. traveled to the Commonwealth of
Pennsylvania for any business related to the contract with Jet-Vac or any other business dealings
with Jet-Vac.
9. Rapid Rooter had not previously employed the services or materials of Jet-Vac prior
to the subcontract work in Washington, D.C.
10. The only other contact Rapid Rooter had with Jet-Vac in the past, and the reason I
invited Mr. Bowman to visit the Washington, D.C. site, was that Jet-Vac had previously visited
our office in Westminster, Maryland and purchased items from Rapid Rooter.
11. Rapid Rooter does not own any property or maintain any office or agents in the
Commonwealth of Pennsylvania.
Further, deponent sayeth not,
Sworn and subscribed to
before me this i glday
of P-?± 1999.
Notary Public
My Commission Expires:
Notarial Seal
Christina L. Stough. Notary Public
York, York County
My Commission Expires Oct. 15. 2001
nnsylvania Association of Notaries
1.4 L
Thomas Wright
Exhibit A
3G. 17:' lei lV ruor !CI .nC :uC
reaWLYe./lpl _, I, T a. o .
ow nrawww..,.,ew raa <....,,:. Phpe ffb.
proposal a lea
JET VAC SERVICE & EQUIPMENT, INC.
Thrco Langg Lana C^ ??
MECHANICSBURG, PA 17055 /
FAX (717) 89172-3028
May
rre naaay worn" eprrpngeoM and esamew for. - - - -
Installation of New Life Cured-In-Place Spot Repair Liters at the f0ll0win4
Tocaions : -- -
---ITEM 4 - .PIPE
LOCATION
1.. 129' from MH #176,x.$_•_ 1,8
_.........---------•--_. ___ n .. SZ.40tL00 _?2?800.,.0-0_...
2 _ 541
__fz ons MH 182 _ 3_- i 0" 2
- 3 5-r3' front MH_?180.12 7,.?" _2•.100. OQ__----..---
---4 from MHI76.54 I2
5 _---- 90' from UIIi #176.54_. 18" - ----
10' East from MH #179.49 18" 2'200,00
--- - - - _-
10' North frota_MH_ #174 49 2
141
_,South from MH #1_74
-----
--..-
Flushing, TV Equipment, Traffic control -- --_---
__._-__--- , and Flow control will be
provided by Rapid Rooter -------
We CIIgIISC hereby to furnish material and labor- complete in accordance wah above specifications. for the sum of:
AS QUOTED ABOVE
Parmwd to be macro ss fdloes: dollars (5 >.
NET 10 DAYS - per billing of two installations at•a time,;;
fl Au muMa M Q-+ W b. of a FMM an a+vY r wm a
mama aooonyrq b etardiA eraW'pU. Any aaramn or daNatlen hwn aboYe epaoFmdpry AutnrwrZetl
'rnuNr9 ems mob hal a WCUt10 any upon wmun ordara, an: wi bamrrr n iidra 5gnature QM
eho'W aver ane'°w. °,. wgn.h M w"'n"r'°1 canW" i a kft arMarwe Ste, Uri. Bowman, vice-Pre
or eeuYe MYa w or" Correa Ow er b Mt• Am, fomwo and oser nwe"My auurence. Note: Tnb
sl e1
Our wean am ray mw.red by wwlanan•t Cempauarpn InwrarCe. wiNdrawn by usd be
days
ACreptsirt of fro paaI The abp gHces, sp9eir.CAgW3 ?s
and t:oneitions are satisfactory and am hereby accopted. mu are atmoriaed Slpmture J ' ?7' 97
to do the vmrk as specified. Payment will be made as pyirnd about.
Date of AocaCrUmA:.
Exhibit "A"
CTPL a.0:
CERTIFICATE OF SERVICE
1, Robert J. ScheRer, Esquire, hereby certify that on this date I served a true and correct
copy of the foregoing Praecipe by depositing a copy of same in the United States Mail, first
class, postage prepaid, at York, Pennsylvania, addressed as follows:
Michael J. Cassidy, Esq.
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
BARLEY, SNYDER, SENFT & COHEN, LLC
By
R J. ,e der, Esquire
Pa. l. No. 78746
100 East Market Street
P.O. Box 15012
York, PA 17405-7012
(717) 846-8888
Dated: Augusty- , 1999
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Cast.
CAPTION OF CASE
(entire caption must be staters in fu.L1)
JET-VAC SERVICE AND EQUIPMENT, INC.
Vs.
RAPID ROOTER, INC.
(Plaintiff)
(Defendant)
No. 99-3962 Civil Law 19 99
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's
demurer to complaint, etc.):
Defendant's Preliminary Objections to Complaint
2. Identify counsel who will argue case:
(a) for plaintiff: Michael J. Cassidy, Esq.
Address: Johnson, Duffie, Stewart & Weidner
301 Market St., P.O. Box 109
Lemoyne, PA 17043-0109
(b) for defendant: Robert J. Schefter, Esq.
Address: Barley, Snyder, Senft & Cohen, LLC
100 E. Market St., P.O. Box 15012
York, PA 17405-7012
3. I will notify al1 parties in writing within two days that this case has
been listed for argument.
4. Argument Court Date: October 13, 1999
Dated: August 24, 1999 At Defendant
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JET-VAC SERVICE AND
EQUIPMENT, INC.,
Plaintiff
vs.
RAPID ROOTER, INC
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-3962 CIVIL
CIVIL ACTION - LAW
IN RE: PETITION TO WITHDRAW AS COUNSEL
ORDER
AND NOW, this 2Y- day of July, 2000, in consideration of the within petition,
same is GRANTED and the appearance of Robert J. Schefter, Esquire, and the law firm of
Barley, Snyder, Senft & Cohen, LLC is deemed withdrawn.
BY THE COURT,
Michael J. Cassidy, Esquire
For the Plaintiff
Robert J. Schefter, Esquire
Arn
r('A. Hess, J. Q
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JET-VAC SERVICE AND EQUIPMENT,
INC.,
Plaintiff
No. 99-3962
V.
RAPID ROOTER, INC.,
Defendant
PETITION TO WITHDRAW AS COUNSEL
AND NOW, comes Defendant's counsel, Robert J. Schefter, Esquire, and the law firm of
Barley, Snyder, Senft & Cohen, LLC and files this Petition to Withdraw as Counsel for
Defendant.
Petitioners are Robert J. Schefter, Esquire and the law firm of Barley, Snyder,
Senft & Cohen, LLC.
2. Respondent is Rapid Rooter, Inc., Defendant in the above-captioned matter.
3. Petitioners were engaged by Defendant to represent it in the above-captioned
matter.
4. Petitioners performed legal services for Defendant in this matter, up to and
including negotiating a favorable settlement on behalf of Defendant which was approved by
Defendant.
5. Despite its agreement and repeated requests by Petitioners, Defendant has failed
to assist in the execution of the settlement, forward settlement funds or in any way respond to
repeated requests by Petitioners to participate in same.
6. At the time Petitioners were engaged to represent Defendant, Petitioner sent a fee
arrangement letter to Defendant.
In accordance with the fee agreement letter, Petitioners have forwarded invoices
to Defendant for legal services performed.
8. Defendant has at all times accepted the legal services without complaint.
9. Despite repeated requests, Defendant has failed to pay any of the outstanding
invoices.
10. Under these circumstances, Petitioners can no longer represent the Defendant in
this action.
11. Petitioners have notified Defendant verbally and in writing several times that
withdrawal of counsel would be necessary if Defendant did not participate in its defense or make
payment arrangements for the outstanding invoices.
12. Counsel for Plaintiff in the above-captioned matter is not opposed to this Petition.
WHEREFORE, Petitioners request that this Honorable Court grant its Petition and permit
the withdrawal of counsel.
BARLEY, SNYDER, SENFT & COHEN, LLC
909530
P.O. Box 15012
York, PA 17405-7012
(717) 846-8888
CERTIFICATE OF SERVICE
I, Robert J. Schefter, Esquire, hereby certify that on this date 1 served a true and correct
copy of the foregoing Petition to Withdraw as Counsel by depositing a copy of same in the
United States Mail, first class, postage prepaid, at York, Pennsylvania, addressed as follows:
Thomas Wright, President
Rapid Rooter, Inc.
567 Leppo Road
Westminster, MD 21158
Michael J. Cassidy, Esq.
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
BARLEY, SNYDER, SENFT & COHEN, LLC
By ll.
e chefter, Esquire
P .D. 78746
10 st Market Street
P.O. Box 15012
York, PA 17405-7012
(717) 846-8888
Dated: July JI-, 2000
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