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Home My WebLink About99-04265A_. _. ,a9 `; - c.?? ? + V;: ??. Camp Hill Banner Committee, IN THE SUPERIOR COURT By Barbara A. Poole, Trustee. Ad Litem OF PENNSYLVANIA (C.P. Cumberland County V. No. 99-4265 Civil Term) No. 1993 MDA 2001 ,r Graphic Tech, Inc., et al. Filed: February 17 .2002 ORDER This appeal has been taken from the nonjury verdict entered November 15, 2001. Pa.R.C.P. 227.1(c)(2) provides: "Post-Trial motions shall be filed within ten days after notice of nonsuit or the filing of the decision or adjudication in the case of a trial without jury or equity trial." Pa.R.A.P. 302(a) provides: "Issues not raised in the lower court are waived and cannot be raised for the first time on appeal." See also Lane Enterprises, Inc. v L.B. Foster Co., 710 A.2d 54 (Pa. 1998)(issues not raised in a post- trial motion are waived for appeal purposes); Krystal Dev. Corp. v. Rose, 704 A.2d 1102 (Pa. Super. 1997)(appellant failed to preserve issues for appellate review by directly appealing verdict in nonjury trial without filing post-trial motions). AccrMingly, the appeal at No. 1993 MDA 2001 is hereby DISMISSED. Per Curiam TRUE COA? JV W RD Attest: W "wl Chief Clerk - Superior Court of PA Middle District 1'i 1 -- i _J '.) CETIFICATE AND TRANSMIT'T'AL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 19311 To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: CAMP HILL BANNER COMMITTEE By BARBARA A. POOLE, TRUSTEE AD LITEM RECORD PLED IN SUPERIOR COURT V. GRAPHIC TECH, INC., and VINCENT R. WILLIAMS, FEB -1 2002 t/d/b/a GRAPHIC TECH SIGNS AND SCREEN PRINTING O& NO. 99-4265 CIVIL TERM HN1lhtuuunU I? NO. 1993 MDA 2001 The documents comprising the record have been numbered from No. 1 to 134, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 1-25-02 Cu s R. Lon othon ary Janc H. Sparling, Dpty. An is enclosed. Please record. Date Signature & Title Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of CUMBERLAND in the Commonwealth of Pennsylvania 1993 MDA 2001 to No. 98-4265 CIVIL ferm,19 is contained the following: COPY OF COMPLETE DOCKET ENTRY CAMP HILL BANNER COMMITTEE, by BARBARA A. POOLE, TRUSTEE AD LITEM V. GRAPHIC TECH INC., and VINCENT R. WILLIAMS, t/d/b/a GRAPHIC TECH SIGNS AND SCREEN PRINTING SEE ATTACHED CERTIFIED DOCKET ENTRIES. • ,1-? C-1 Commonwealth of Pennsylvania County of Cumberland ss: In TESTIMONY WHEREOF, I have hereunto this 75th Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case lhereip stated, wherein Carne Hill Banner Cann., by Barbara A. Poole, Trustee Litem Plaintiff, and Graphic Tech, Inc. & Vincent R. Williarre, t/d/b/a Graphic Tech Sion and Screen Printing Defendant s , as the same remains of record before the said Court at No. 994265 of civil Term, A.D.19_. set my hand and affixed the seal of said Court day of Januar A D- W02 Prothonotary 1, George E. Hoffer President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that Curtis R. Long , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time ofso doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts ofjudicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by W4nprident .lodge County Commonwealth of Pennsylvania of Cumberland ss: Curtis R. Long Protbpnootaryof.1he hoykof CorDmn Pleas in and for the said County, do certify that the Honorable George H er• by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President.ludge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, 1 have hereunto set mg hand and affixed the sca of said Court this ?q02 25th of Janu A.D. 1-rnmmmlun PACE NO. 1 - 2 1 - 2 3 4 - 15 16 - 19 20 - 22 20 - 22 23 24 25 - 26 27-29 30 PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry ?. 1999-04265 CAMP HIL. BANNER COMMITTEE (vs) GRAPH... TECH INC ET AL Reference No..: Filed........: 7/14/1999 Case Type.....: APPEAL - DJ Time.........: 8:15 Judgment..... 1960.00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0(00/0000 ------------ Case Comments ------------- Nigher Crt 1.: 1993] M A2001 Higher Crt 2.: +++++w+www++wwwwwww++w+ww++++w++ww++ww++wwwx++www++++w++++++++++++++w++++•++++++ General Index Attorney Info CAMP HLLL BANNER COMMITTE PLAINTIFF BECKLEY ELIZABETH S 17 SOUTH 26TH STREET BECKLEY THOMAS A CAMP HILL PA 17011 GRAPHIC TECH INC DEFENDANT LAUER PATRICK F JR 601 WALNUT ALLEY NEW CUMBERLAND PA 17070 WILLIAMS VINCENT R DEFENDANT LAUER PATRICK F JR 601 WALNUT ALLEY NEW CUMBERLAND PA 17070 Judgment Index Amount Date Desc GRAPHIC TECH INC 1,960.00 9/14/2000 AWARD OF ARBITRATORS WILLIAMS VINCENT R 1,960.00 9/14/2000 AWARD OF ARBITRATORS GRAPHIC TECH INC 1,960.00 12/15/2001 VERDICT WILLIAMS VINCENT R 1,960.00 12/15/2001 VERDICT TVI IL ENT 0 1 960 14/2 1 01 O V R W LIAMS NC R , .0 0 2/ JUDGMENT DICT N E * Date Entries FIRST ENTRY - - - - - - - - - - - - - - 7/14/1999 APPEAL FROM DISTRICT JUSTICE JUDGMENT ------------------------------------------------------------------- 7/14/1999 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ------------------------------------------------------------------- 7/23/1999 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ------------------------------------------------------------------- 8/02/1999 COMPLAINT ------------------------------------------------------------------- 8/24/1999 ANSWER ------------------------------------------------------------------- 7/05/2000 PETITION FOR APPOINTMENT OF ARBITRATORS ------------------------------------------------------------------- 7/18/2000 ORDER OF COURT 7/06/00 APPOINTMENT OF ARBITRATORS GEORGE E HOFFER P JUDGE ARBITRATORS ARE KEITH BRENNEMAN ESQ - SUSAN CANDIELLO ESQ AND THOMAS FLOWER ESQ NOTICE MAILED 7/19/00 ------------------------------------------------------------------- 9/14/2000 AWARD OF ARBITRATORS IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS IN THE AMOUNT OF $1960.00 TOGETHER WITH INTEREST AT THE RTE OF 6% PER YEAR FROM MARCH 1, 1999 AND ALL COSTS OF THIS ACTION NOTICE MAILED BILLED COUNTY FOR ARBITRATORS 10/11/00 ------------------------------------------------------------------- 10/13/2000 NOTICE OF APPEAL FROM AWARD OF ARBITRATORS BY MARLIN L MARKLEY ATTY FOR DEFENDANTS --------------------------------------------- - ------------------ 9/11/2001 PRAECIPE FOR LISTING CASE FOR TRIAL - BY ELIZABETH S BECKLEY ESQ FOR PLFF ------------------------------------------------------------------- 10/09/2001 PRAECIPE TO ENTER APPEARANCE APPEARANCE FOR PLFF BY ELIZABEHT S BECKLEY ESQ AND THOMAS A BECKLEY ESQ ------ -------------------------------------------------- -------- 10/17/2001 PRETRIAL CONFERENCE - DATED 10/17/01 - BOTH PARTIES WAIVED A JURY TRIAL A BENCH TRIAL WILL BE CONDUCTED IN CR 2 OF THE CUMBERLAND EDGARYBCBAYLEYYUJECOPIESSMAILEDA 10/18/01 11/8/01 - BY THE COURT ------------------------------------------------------------------- PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry PAGE NO. 31 -38 39 - 44 45 - 49 45 - 49 50 - 51 52 - 133 52 - 133 134 1999-04265 CAMP HI..,, BANNER COMMITTEE (vs) GRAPHi.. TECH INC ET AL Reference No..: Case Type.....: APPEAL - DJ Judgment...... 1960.00 Judge Assigned: Disposed Desc.: ------------ Case Comments ------------- Page 3........: 7/14/1999 ation Date 0/00/0000 Trial.... Dsed Date. 000/0000 ar Crt 1.: 199 M A2001 11/15/2001 VERDICT - DATED 11/14/01 - I FIND IN FAVOR F PLFF AGAINST DEFTS SSDUITA- BY WITHBLBAYLEYEGAL OF VERDICT NOT INDEXED ON JUDGMENT INDEX UNTIL DECEMBER 26, 2001 ------------------------------------------------------------------- 12/11/2001 NOTICE OF APPEAL TO SUPERIOR COURT - FROM ORDER OF COURT DATED 11/101 - BY PATRICK F LAUER JR ESQ ------------------------------------------------------------------- 12/14/2001 PRAECIPE FOR ENTRY OF JUDGMENT ON THE VERDICT AND JUDGMENT ENTERED ------------------------------------------------------------------- 12/14/2001 NOTICE MAILED TO DEFENDANTS ------------------------------------------------------------------- 12/17/2001 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO N 1993 MDA 2001 ------------------------------------------------------------------- 1/17/2002 TRANSCRIPT LODGED ------------------------------------------------------------------- 1/22/2002 TRANSCRIPT FILED IN RE TRANSCRIPT OF PROCEEDINGS BY THE COURT EDGAR B BAYLEY J EXHIBITS AND MEMORANDA LAST ENTRY - - - - - - - - - - - - - - * Escrow Information # * Fees & Debits Bed Bal Pxymts/Adl End Sal APPEAL D.J. 35.00 35.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 APPT OF ARBITRA 15.00 15.00 .00 APPEAL ARBITRAT 290.00 290.00 .00 APPEAL 30.00 30.00 .00 JDMT 9.00 -------------- 9.00 ---------- .00 389.25 --- 389.25 --------- .00 * End of Case Information 7AUE CA)" FROM RECORD rn Testh" whereof, I here unto set my hm fhd of sw Cowl-at 0 61 I31eoe 0 TH OF PENNSYLVANIA I COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 1 _ 4-a ?- 'PrLJr? 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. eeMi oTo.. GRAPHIC TECH, INC., ET AL., R, ?faQ(? «•09-i-02 601 WALNUT ALLEY •?? NEW CUMBERLAND PA 17070 61114/99 I CAMP HILL BANNER COMMITTE ...GRAPHIC TECH, INC., ET AL rv 1919- /G y LT 19 P This block will be signed ONLY when this notation is required nder Pa. R.C.P.J.P. No. 10088. If appellant was Claimant (51, Pa. R.C.P.J.P. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to he used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary CAMP HILL BANNER COMMITTE Enter rule upon , appellee(s), to file a complaint in this appeal (79-401 /n? Name of appel/ee(s) (Common Pleas No. J~ 11Ar?'?^ ? IT?within twenty (20) days afte''serwGe of rue or suf er entry of judgment of non pros. CAMP HILL BANNER COMMITTE Signa eofappena t rnis art rney or agent RULE: To appellee(s) "oeR Name of 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 BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: , 193 Q I,Jri y, t Sign-0- of rotho ho t or Deputy AOPC 31290 4 /r URT FILE TO BE FILED WITH PROTHONOTARY 1n - Ll --- - _ -I Ut to n1141 uouelwulo5 AW /I'ui//O /p J/!tl .,o..ul.... ..llu....... btg lufgJr. in:,; nl r.,n. S. X210-138 (]1MH-)SHnS CNV 1o3vaalde'VI NHOMS tri ??:.111 I1`l lllt?l lt' 111J:)Jl :? ll?)1I: iS ?It'lll w") !,'I, l.fl UI IY)mt1 ,,;9 Itl a byl ,IUU ! oI k/ eLL ., "PI llu hu n. P•d ? I!, u t . ? _ ;b n,,.. ? 1 ..1 .,11 .n/1 P.t.4 n??. 1 I? tll .DU. uII (SUP , 1111Lt. i'lll 111 'ti ".(:611 It ti :IIAVOIddV AOAlNnoD VINVAIASNN3A 10 H11V3MNOWWO3 l$S!AOQ J/QIIP/Nar .'4{) 'I''' e , (1 r :! , SllYUrJAldS /O !Y Kly"LLI NNlL!t (!Y 71! i9 1: 1NIV1dW00 'I 311 1 lnd ONV lV3ddV d0 30IlON 30 3DIAd3S 30 3008d C ae c_ G? ?t11 1 ?'?? M O rn Q TJ• COMMONWEALTH IE PENN? YLVANIA NOTICE)AF JUDGMENT/TRANSCRIPT COUNTY OF: CU6IDERLAY' 'CIVIL CASE ~ ??7 day vo I PLAINTIFF: NAME m°ADDRESs 09-1-02 rCAMP HILL BANNER COMMITTE 17 S 26TH ST ?ROBERT V. MANLOVE CAMP HILL, PA 17011 1901 STATE STREET L J CAMP HILL, PA VS. DEFENDANT: NAME Ana ADeREEs Tp4pw*.(717) 761-0583 17011-0000 rGRAPHIC TECH, INC., ET AL. 1 601 N 6TH ST NEW CUMBERLAND, PA 17011 VINCENT R WILLAIMS TDBA GRAPHIC TEC L. J 601 N 6TH ST Docket No.: CV-0000164-99 NEW CUMBERLAND, PA 17070 Date Filed: 5/0, ' r THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLATNTTFF ® Judgment was entered for: (Name) r Amp NTT.T. RANNRR COMU=r"R a Judgment was entered against: (Name) VTNr RNT R 1g1LT.TAMR TngA 13R,PNTP Ta in the amount of $ a „IAI 17 on: Defendants are jointly and severally liable. (Date of Judgment) f?414/99 (Date & Time) 7 Damages will be assessed on: 7 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $__ 7 Levy is stayed for days or ? generally stayed. 7 Objection to levy has been filed and hearing will be held: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTAf?YICLE OF THE COURT OF COMMON FA S, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS WT E 0 : JUDGMENT RAN RI FO WITH YOUR NOTICE OF APPEAL. J G +mfsfL.ict Justice G 1 r1y Date ) ?? T r I certify th t this is a true and c c y o r -th??r / dm nppingtne fungment, (c ?' ( ?1ti Date // y ( -,.District Justice My commission expires first Monday of January, 2000 SEAL AOPC 315.99 i " SENDER: •COmpYe no= I odor 2 for eddlbonef services. e d eb I also wish to receive the following services (tor an . .camp. x.m.3. e, an ePdm your name "address an 1116 16vOree of this form a that we W ratum 'dNe extra toe': cad to yyoou. We roan to the from of"MOWN. or on 1616 beck If space does not ch •A ns 1. 13 Addressee's Address px m t eWme Wum RecMpt Regwatsd'an the meilom below the article numwr. d d th d W t 2. ? Restricted Delivery er. eTtre Rat= Receipt wte Now to wh m the article was da Avery en e e a consult postmaster for lee. C , && C 3. Article Addressed to: Ce9mr?u7Xe 4a. Article Number Z 313530 G73 E 4b. Service Type +g Ili n n? d1 J aC ? Registered Cerpfled ? Express Mall ? Insured - ? Retum Reosix for Merchar dlse ? COD /Y a , 0rL I t n 161 1 QJ!'IL) 4L 7. Date of Deliv r C , 1 l ? ( 5. Received By: (Print Name) Only If requested S. Addressee's Address C ,. I and fee is paid) FFj! g : (Addressee Agent) S. A X A Jet, 3 1. December 1994 PS rm 381 10259597M179 Domestic Retum Receipt r i S .. i SENDER' :Complete Items 1 and/or 2 for additional services. I also weh to receive ft eComplste Rtes 3. 44, and 4b. .Prim Ur name arid address on the ravens of this lonn w that we can return this ou card io following services (for any, extre fee): . y •Mach the iorm to one from of the mallpiece, or on the back if space does net ee R ' 1. E3 Addressee's Address, Ramm eceipt Requasted on the mallpiece below rile snide number. •iM Return Receipt will Mow to whom the snide was deAVered end the dale 2. E3 Restricted Delivery delivered. Consult postmaster for lee. 3. Article Addressed to: 4a. Article Number Z 313 530 67a /.? „ Tb -Service Type- ? ? 13 Registered /Q Caffled . ee ell [3 Insured . 7 0 aO?VLC?.7 p Return Receipt for Merchandise ? COD Date of silvery I / 5. Received B • (print Name) !'?blN C?Kcr`f 8. Addressee's Address prity l/ requested end fee l5 d) paid) 'Tr I 1 ' 6. Signature: ressee or nt) r X Ps Forth 3811, December 1994 102595.91-8-0179 Domestic Return eoelDt I r l Iti PROOF OF 9FRVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT /!l 5 •um'n r.n ,:'r.57 ^;r i ;, .. ^Irml??!; '. / ,u ; '.Ib IB IKLIIf/ COMMONNJ F H O F OF?PLNNpS?YLVAJN IA COUNTYOF-_/?l.<<L? :v. AFFIDAVIT: .. ,.: ,,. , , 94-`Vass , L ._ cam N+¢/ IS , 99 X .. ?:?? ?, n :,?.?• 191 SWORN(AffIRMEU) AND SUBSCHIhh tit I (IMF M1 THIS-4 s....;r,/, n n• ?. .?, •• I . , , . Arlr n/nl l Myromm. m••q-,w,- f -Nolariat Seal MatlhewJ. Eshelman, Notary Public Camp Hilt Boro, Cumberland County My Commission Expires Nov. 15. 1 fe?_' Member Pennsylvania Association of Not, A I _ h c.. I{ I ft 3, CL 'AONWEALTHOFPENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS CUMBERLAND COUNTY, PPNNSYL 1A ROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT ---- COMMON PLEAS No. 9 q -. q a t s. /1 _ n 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 (late and in the case mentioned below. GRAPHIC TECH, INC., ET AL., 'lltr?L R. 09-1-02 a..• <aa. 601 WALNUT ALLEY _ NEW CUMBERLAND PA 17070 6/14/99 QMP HILL BANNER COMMITTF. GRAPHIC TECH, INC., ET AL IwIM w0. . w..[IIAN ,[ .. iiOw N[V OI, .c[w• CV 1s99- /G y LT 19 This block will be signed ONLY when this notation-is required nder Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will nrv?'me as a SUPERSEDEAS to the judgment for possession in th,, .- - S1gnarure of Prorlronorary or Deputy If appellant was Claimant We Pa. R.C.P.J.P. A/o. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE oYAPPEAL, . PRAECIPE TO ENTER RULE, TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ON(_Y wher)). appellant was DEFENDANT(See.Pd. R.C.P.J.P. No. 10010 inaction before District Justice. IF NOT USED, detach from Copy of notice o%fif?ca/ to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon CAMP HILL BANNER COMMITTE Name of appo//ee/sl . appelleelsl, to file a complain[ in this appeal (Common Pleas No.- 39-'4;165-14'V g-j ?within twenty (20) days aft • e of to a or so er entry of j dgment of non pros. CAMP HILL BANNER COMMITTE Sigrid eof appal/ RULE: To r rh/s at rney or agent ?. Name of appe/lee(s) appellee(s) i (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 BE ENTERED AGAINST YOU. (3) The date f,service of this rule if service Was by mail is the date of mailing. Date: r 1?.19 99. Signature or rothonor or Deputy 'C 312 90 COURT FILE I"N CAMP HILL BANNER :1N THE COURT OF COMMON PLEAS OF COMMITTEE, by Barbara A. Poole, :CUMBERLAND COUNTY, PENNSYLVANIA Trustee Ad Litem, Plaintiff :CIVIL ACTION - LAW V. :NO. 99-4265 GRAPHIC TECH, INC, and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, Defendants NOTICE TO DEFEND 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 17013 (717) 249-3166 '7" CAMP HILL BANNER :IN THE COURT OF COMMON PLEAS OF COMMITTEE, by Barbara A. Poole, :CUMBERLAND COUNTY, PENNSYLVANIA Trustee Ad Litem, Plaintiff :CIVIL ACTION - LAW V. :NO. 99-4265 GRAPHIC TECH, INC. and VINCENT R. WILLIAMS, Ud/b/a Graphic Tech Signs and Screen Printing, Defendants COMPLAINT Plaintiff, Camp Hill Banner Committee, is an unincorporated community association organized by Barbara A. Poole, trustee ad litem, an adult individual who resides at 17 S. 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendants are: a. Graphic Tech, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a business address of 601 Walnut Alley, New Cumberland, PA 17070; and b. Vincent R. Williams, an adult individual who resides in the Commonwealth of Pennsylvania and who trades and does business as Graphic Tech Signs and Screen Printing which has a business address of 601 Walnut Alley, New Cumberland, PA 17070. 3. Upon information and belief, Vincent R. Williams is the owner and sole shareholder of Graphic Tech, Inc. n 4. On or about October 1, 1998, Plaintiff and Defendants executed a written purchase order ("Agreement") for the purchase and installation of seasonal banners and brackets to hang the banners from utility poles in the Borough of Camp Hill. A true and correct copy of the Agreement is attached hereto, marked Exhibit A and incorporated herein. 5. Under the Agreement, Defendants agreed to attach the "brackets" to selected utility poles along Market Street, in Camp Hill, Pennsylvania. Defendants hung the banners from the brackets. Plaintiff agreed to pay Defendants as set forth in the Agreement. 6. On or about December 2, 1998, Defendants installed the brackets and attached the banners to the brackets. 7. Defendant did not install the brackets in a workman-like manner. Specifically, the problems consisted of the following: a. the brackets were not tightly secured to the utility poles which caused them to sag and, in some instances, come undone; b. because the brackets sagged, the banners were not displayed properly, and looked wrinkled; and c. the arms on the brackets were too short to accommodate the banners, the result being that the banners touched the utility poles causing damage to the banners instead of several inches from the poles as the Plaintiff had requested. 8. The Camp Hill Banner Committee and the Borough of Camp Hill received complaints from residents of the Borough of Camp Hill regarding the poor condition of the banners. 2 lO• /1 9. Plaintiff repeatedly requested Defendant to fix the improperly installed brackets. 10. Despite demand therefor, Defendants have failed and refused to properly install the brackets. 11. Because Defendants have refused to fix the brackets, Plaintiff has to purchase substitute brackets at a cost of $3,212.75. A true and correct copy of the invoice showing the replacement cost of the brackets is attached hereto, marked as Exhibit B and incorporated herein. 12. Despite demand therefor, Defendant has failed and refused to pay this sum. 13. The amount demanded does not exceed the maximum for submission to compulsory arbitration. 3 7 P'"+ WHEREFORE, Camp Hill Banner Committee by Barbara A. Poole, Trustee ad litem, demands judgment in its favor and against the Defendants Graphic Tech, Inc. and Vincent R. Williams t/d/b/a Graphic Tech Signs and Screen Printing, in the amount of $3,212.75, plus District Justice costs of $90.62, plus interest and other costs of suit. DATED: ?I!I Z Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 4 Respectfully submitted, i li beth S. Bec ey, squi i Thomas S. Beckley, Wire Attorneys for Camp Hill Banner Committee 0 #Ols ell? I, Barbara A. Poole, Trustee Ad Litem for the Camp Hill Banner Committee, hereby state that I am authorized on behalf of the Camp Hill Banner Committee to verify that the statements made in the foregoing document 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 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: X991.Inn ?it? Barbara A. Poole, Trustee Ad Litem for the Camp Hill Banner Committee y em? EXHIBIT A i? SIGNS and SCREEN PRIf„T NI G 2104 Market Street • Cam 4 Ph. (717) 730.749 Fx. (717) 730*21 . J Hill, PA 17011 c /7/v /70// VJkVA V :OFORpE? R vERED ON /1-3-qc 127 Pli' NE Gtr., FAX iv e TEESMATS DESCRIPTION (include STYLE and COLOR) I T TEXTILE S ONLY Y A S M L XL %%L t1Nt7 XXXL TOTAL ;RICE TOTAL PRICE Graphic Tech hereby proposes to furnish labor and materials - complete in accordance with the above specifications for the sum above. All material is Anfied. toostandard pracbetasicess.peci alte atti ns or deviation responsibility for minor above specifications ainvoly involving extra cost, will be executed only completed upon l written r orders and will e become tan extra charge over and above the estimate. All agreements contingent upon strikes. accidents or delays beyond our control. This contract subject to acceptance within 30 days and is void thereafter at the option of Graphic Tech. Any claims must be made in writing within seven days of receipt of goods. All orders shipped will be based on information contained herein. No returns of merchandise accepted without written permission, No cancellations alter order has been shipped on stock items. No cancellations after production has begun on custom orders. ACCEPTANCE OF PROPOSAL 1 have read and understand Graphic Tech 's Terms and Conditions of Sale on the reverse side and hereby authorize purchase of the above items according to said Terms and Conditions. Payment will be made as Outlined above. AUTHORIZES SiGNATURF _ EXHIBIT B ,a DISPLAY SALES j 9910 West 74111 Street, Eden Prairie, MN 55344 I'houe 612-942-9150 Fax 612-942-9182 800-328-6195 FAXTRANSMISSION FORM FAX # 717-233.3740 DATE April 7. 1999 7'0 Mizatheth Beckley PROM Mary Ju McMahon AT RE Danner Bracket Pricing CITY Camp I fill 4011, Page(s) sent -j- including cover ti'I'A'11' PA IID# 9PA174 ( H.MM1' ?tnlhl liaonor Bracketing infibril Linn I'ar Banners 23" x 72" with 2'Y' pocket for rods. 24 Series liracke Systole u 40 Sets (rig $75 00/set . $3,000.00 Includes bracket, straps. pins, rod and buckles ,r Bending Tool . $75 00 ."r Frciehl . $137.75 TOTA1 . .................. $3.212.75 Rod dimensions (perfect till'your banner size) • 27" lone rod • about I" in diameter ."r. 1 1 1 1 1 ;.'r.r I hvlwd U nnp:un /6 CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL Patrick F. Lauer, Esquire 2108 Market Street Camp Hill, PA 17011 DATED: July 30, 1999 i beth S. Beckley co m m W to Q w > m dfed h _ 1;1 a 11 6 U"° ° ?y a o a m F = ?z° 2 dx Wo <o °p? N] `Fuz gti u N N U N 61 MW m W a d h'. HMNI11. AD "1.. 111".. 'a H. , ON ..Q, 'amt NMVN11u11 ?,"11.D N..w ,'Iron u,11'lry BECKLEY & MADDEN . . 9 A9-roHNr..YS AT I,Aw 0 1(-W IIHISLLOHO. PI:NNSYLVATIA 17108•1098 a? ;T J ?i h m Q. y a m ? CQ v'?0.m y. yC nm=_r L r O o_ 6 E 1,?1 ? N u a a w to CAMP HILL BANNER COMMITTEE, by Barbara A. Poole, Trustee Ad Litem, Plaintiff V. GRAPHIC TECH, INC, and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4256 ANSWER AND NOW, comes the defendant, by its attorney, Patrick F. Lauer, Jr., Esquire, and alleges the following in answer to the complaint filed in the above referenced matter: 1. Admitted. 2• a. Admitted. b. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied, defendant did install brackets in a workman-like manner. a. Denied, the poor condition of the utility poles, i.e. rotten wood, caused the brackets to sag; b. Denied, the poor condition of the utility poles caused the brackets to sag; and /6. tl-?. C. Denied, the poor condition of the utility poles caused the brackets to sag, therefore, causing the banners to touch the utility poles and causing damage to the banners. 8. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 9. Defendants admit there were requests to fix brackets, and denies that the brackets were improperly installed. 10. Denied, all brackets were properly installed and defendant has on several occasions attempted to reinforce brackets that sag as a result of the poor condition of the utility poles. 11. Denied, the brackets were properly installed. 12. Admitted. 13. Admitted. WHEREFORE, Defendants respectfully request judgment against plaintiffs and request that the suit be dismissed. Date: RJ -7-Y-9 I Respectfully submitted, Paitr3.ck F. Lauer, Jr., Esquire 2108 Market Street, Aztec Build Camp Hill, Pennsylvania 17011-4 ID# 46430 Tel. (717) 763-1800 ?7 d? CAMP HILL BANNER COMMITTEE, by Barbara A. Poole, Trustee Ad Litem, Plaintiff V. GRAPHIC TECH, INC, and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4256 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: Elizabeth S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Respectfully submitted, Date: YaLrick?F. Lauer, Jr., Esquire 2108 Market Street, Aztec Buildi Camp Hill, Pennsylvania 17011-47 IN 46430 Tel. (717) 763-1800 r8 CAMP HILL BANNER :IN THE COURT OF COMMON PLEAS OF COMMITTEE, by Barbara A. Poole, :CUMBERLAND COUNTY, PENNSYLVANIA Trustee Ad Litem, Plaintiff :CIVIL ACTION - LAW V. :NO. 99-4265 GRAPHIC TECH, INC, and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Elizabeth S. Beckley, Esquire, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $3,212.75, plus the District Justice costs of $90.62, plus interest and costs of suit. The counterclaim of the defendant in the action is n/a• The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Elizabeth S. Beckley, Esquire, Thomas S. Beckley, Esquire and Patrick F. Lauer, Jr., Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Dated: /?j ORDER OF COURT Respectfully submitted, Elizabeth S Beckley L' AND NOW, n 2000, in consideration of the foregoing petition, nabsquire, ?lecyd-I??krUlaGG? Esquire, and -Al?squire, are appointed in the above-captioned action (or actions) as prayed for. y e C urt, P.J. do ?J ?..i CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL Patrick F. Lauer, Esquire 2108 Market Street Camp Hill, PA 17011 DATED: ?ls Elizabeth S. Beckley a? W -i a ? Pc r Y i ® .\'I"1111:.\Ian.\I'I..\I\' ® IJ I' j??'.I 11.\ IMIN I t l' I N.. :'L:: SYQ').\'.\RL\ 17 1o.s.111!0% df 1*0 1114-e, //7e- A.,&4.wwej A. In The Cou,:t of Common pleas of j?c>rTEE Ad Lif£ •r, ) Cumberland County, ?ennsvlvania ?l?sn?TrFF ) V No.?- d 5 i9 61°AP/f/C TEGh?, ??<. ?,vs> f/iNcc.?i? Sim Qai1 Su?4?G??'i?7?.a OATH /Jc ?sr?9,.-fs 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. o Chai AWARD We tIR 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.) .lA/ ?A IICR o'F P/Ai.???"ff .?kfd A?xirAt?' s ?F,/F.vsL?F../? ? /?/ Tic a>cc a cn? f of ?/ 9 G o. o t?g zTX ec w.7.Y l sm7 ar c Qa?t o? 4v?io.v . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing : / ?OD Date of Award: NOTICE OF r=vY OF ?,WARD Now, the /y day of ?T L2% P? at .3 e3, P.N., 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: 19 T //i -?? prothonotary Sy: "t? Deputy -? ?1. .SN?Ihnk?, ?TS.?tie n„nr F Sp?,?e, !c r"1 CAMP HILL BANNER COMMITTEE, IN THE COURT OF COMMON PLEAS OF by Barbara A. Poole, Trustee CUMBERLAND COUNTY, PENNSYLVANIA Ad Litem, , Plaintiff No. 99-4265 V. CIVIL ACTION - LAW GRAPHIC TECH, INC, and VINCENT R. WILLIAMS, t/d/b/a JURY TRIAL DEMANDED Graphic Tech Signs and Screen Printing, Defendants NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that defendant, Graphic Tech, Inc. and Vincent R. Williams, appeals from the award of the board of arbitrators entered in this case on September 14, 2000. A jury trial is demanded W• I hereby certify that the compensation of the arbitrators has been paid. Respectfully submitted: Date: " -13-2vov arl L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2106 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ? /• u ll? 11-1 PkkECIPE FOR LISTING CASE FOR .•RIAL (Must be typewritten and submitted in duplicate) TO THE PROTFJONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (xx ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) CA•0? HIT.T. BAiIIT.R OCH1IITTrM, by Barbara A. Poole, 'Itustee Ad Litan, ( x ) Civil Action - Law ( x ) Appeal from Arbitration (other) VS. (Plaintiff) GRAPHIC '1MCH, INC. and VINCI':idT' R. 4TILIIX S, t/d/b/a Graphic Tech Signs and Screen Printing, VS. (Defendant) The trial list will be called on and October 9. 2001 Trials commence on Nor 5. 2001 Pretrials will be held on October 1 (Briefs are due 5 days before pre r (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 4265 Civil 99 Indicate the attorney who will try case for the party who files this praecipe: Elizabeth S. Beckley, Esquire and Thomas S. Beckley, Esquire Indicate trial counsel for other parties if known: Patrick F. Lauer, Jr., Esquire and Marlin L. Markley, Esqui_ce This case is ready for trial. Date: 9-6.2001 Signed: Print Name: Attorney for: plj; n;.; ff d5l CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL Patrick F. Lauer, Esquire Marlin L. Markley 2108 Market Street Camp Hill, PA 17011 DATED: ! ? -ol 4 V?" li eth S. Beckley ?' ?. a.,C '. S- ?p 7.r P = ,?7_ l?J _^ `v) ?? 4. ..: ?? . ?? .. ?_ '-? _? O 7 U r 1. CAMP HILL BANNER :IN THE COURT OF COMMON PLEAS OF COMMITTEE, by Barbara A. Poole, :CUMBERLAND COUNTY, PENNSYLVANIA Trustee Ad Litem, V. :NO. 99-4265 GRAPHIC TECH, INC, and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, Defendants Plaintiff :CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Thomas A. Beckley, Esquire, as additional counsel on behalf of the Plaintiff, Camp Hill Banner Committee, in the above-captioned matter. Dated: /Q _?_O Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, '? I Elizabeth S. Beckley, omas A. Beckley, 'X CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL Patrick F. Lauer, Esquire Marlin L. Markley 2108 Market Street Camp Hill, PA 17011 DATED: /0 Eli abeth S. Bec c e 01 V"d 14ow C C+ w z o w a ? ., a .; .r,axF= z - =? g s? =_=? ? ;.-_.v Y - ? % , W % ? i Y ' L wy ? i ? x4-:,>.: U '? :? z ' W ?Q a z • ? ^ CAMP HILL BANNER COMMITTEE, IN THE COURT OF COMMON PLEAS OF By Barbara A. Poole, Trustee CUMBERLAND COUNTY, PENNSYLVANIA Ad Litem, PLAINTIFF V. GRAPHIC TECH, INC., and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, DEFENDANTS 99-4265 CIVIL TERM A pretrial conference was held on October 17, 2001, with Elizabeth S. Beckley, Esquire, representing plaintiff and Patrick F. Lauer, Jr., Esquire, representing defendants. Both parties waived a jury. A bench trial will be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Thursday, November 8, 2001. By the Courty///, Edgar B. Bayley,: Elizabeth S. Beckley, Esquire For Plaintiff Patrick F. Lauer, Jr., Esquire For Defendants Court Administrator :saa 3L) . 01 OCT 17 PH I: 15 CUMcCouNTy PEMSYLVANLA CAMP HILL BANNER COMMITTEE, IN THE COURT OF COMMON PLEAS OF by Barbara A. Poole, Trustee CUMBERLAND COUNTY, PENNSYLVANIA Ad Litem, PLAINTIFF V. GRAPHIC TECH, INC., and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, DEFENDANTS 99-4265 CIVIL TERM VERDICT AND NOW, this . day of November, 2001, 1 find in favor of plaintiff against defendants, and award plaintiff $1,960 with legal interest from April 7, 1999, and costs of suit. By the Edgar Ba yley, J. Elizabeth S. Beckley, Esquire For Plaintiff Patrick F. Lauer, Jr., Esquire For Defendants sea V 31. Cu ?'Eti`,?gy??PJVUl; W I 1 CAMP HILL BANNER COMMITTEE, IN THE COURT OF COMMON PLEAS OF by Barbara A. Poole, Trustee CUMBERLAND COUNTY, PENNSYLVANIA Ad Litem, PLAINTIFF V. GRAPHIC TECH, INC., and VINCENT R. WILLIAMS, Ud/b/a Graphic Tech Signs and Screen Printing, DEFENDANTS 99-4265 CIVIL TERM Bayley, J., November 14, 2001:-- On October 1, 1998, plaintiff, Camp Hill Banner Committee, entered into a written contract with defendant, Vincent R. Williams t/d/b/a Graphic Tech Signs and Screen Printing, and with defendant, Graphic Tech, Inc., to supply seasonal banners with brackets, and install them on telephone poles on Market Street in the Borough of Camp Hill. Pursuant to the contract, defendants produced the banners, fabricated the brackets, and installed them on forty telephone poles. The contract totaled $7,760; $4,800 for two sets of banners, $1,960 for the brackets, and $1,000 for installation. Plaintiff made a down payment when the contract was signed. On December 1 and 2, 1998, defendants did the installation on the telephone poles selected by plaintiff, with the approval of Pennsylvania Power and Light Company. Plaintiff paid the remaining balance owed on December 10, 1998. Two weeks after the installation, some of the brackets started to bend downward. That caused the banners to sag. Plaintiff contacted defendants, who tried to remedy the problem 6a ,lll*, 99-4265 CIVIL TERM by fastening the brackets more securely to the telephone poles. The effort was unsuccessful. The number of loose brackets increased causing more banners to sag. In March, 1999, plaintiffs lawyer wrote to defendants seeking a solution to the continuing problem. Defendants did not respond or do anything thereafter. On April 7, 1999, plaintiff purchased new brackets from another supplier for $3,212.75. The brackets provided by defendants were removed by the Borough of Camp Hill, and replaced with the new ones at no cost to plaintiff. The new brackets are heavier and mounted on the front of each telephone pole, rather than on the sides as were the brackets installed by defendants. The new brackets do not bend downward. The banners produced by defendants, which plaintiff has continued to use since May, 1999, do not sag on the new brackets. Plaintiff instituted this suit seeking damages against defendants in the amount of $3,212.75. A bench trial was conducted on November 8, 2001. When plaintiffs representative initially contacted defendants, she showed Vincent Williams a brochure that depicted the type of banner that the Banner Committee wanted for Camp Hill. The banner depicted is attached to two brackets and hangs taunt and straight out from the structure to which the brackets are attached. The brochure does not depict how the brackets are attached to the structure. Vincent Williams told the representative that defendants could make the banners similar to the ones shown in the brochure. The representative told defendants that the Banner Committee wanted the banners installed on existing telephone poles. Defendants agreed to provide the installation, but there was no discussion as to how that would be accomplished. Defendants chose to fabricate brackets -2- )z 99-4265 CIVIL TERM rather then buy them from a supplier. Vincent Williams and his brother, Alan Williams, an employee of defendants, installed the brackets onto the forty telephone poles. They discovered that the side mountings were difficult to get tight because the wooden telephone poles were uneven, and in some places covered with creosote. Vincent Williams testified that if the telephone poles were perfect there would have been no problem. At the time the parties entered into their contract, defendants, whose shop is on Market Street in Camp Hill, had a banner on the front porch hanging on the same type of side mounted brackets provided to plaintiff. The brackets were attached to a column that is completely different from a telephone pole. Alan Williams testified that the brackets installed for plaintiff bent downward, and caused the banners to sag, because they were not designed for wooden poles. The parties' contract contains the following express warranty: Graphic Tech hereby proposes to furnish labor and materials - complete in accordance with the above specifications for the sum above. All material is guaranteed to be as specified. We assume no responsibility for minor manufacturer dye variations. All work to be completed in a workmanlike manner according to standard practices. (Emphasis added.) Defendants contracted to provide brackets to be attached to wooden telephone poles that would hold the banners taunt. Defendants fabricated the brackets that Vincent and Alan Williams acknowledge did not work because they were not designed for the wooden telephone poles that are on Market Street. Performing a contract in a workmanlike manner means that the contractor "[w]ill answer the purpose for which it is intended." Wade v. Haycock, 25 Pa. 382 (1855). We find that defendants breached the express warranty in the written contract -3- + r._ 99-4265 CIVIL TERM with plaintiff by not installing the type of brackets necessary to hang the banners taunt. Notwithstanding, defendants maintain that three provisions of the written contract with plaintiff preclude liability. First, the contract contains the following clause: Seller warrants that the goods are as described in this Agreement. However, seller disclaims all express and implied warranties of merchantability and warranfij of fitness for a particular purpose unless specifically agreed upon in writing and made a part of this Agreement. This clause provides no defense to defendants because there was a breach of the written express warranty that all work would be conducted in a workmanlike manner. Second, the contract contains the following cause: Graphic Tech accepts no responsibility to determine the structure stability of any support structure and disclaims any guaranty of structural stability in the event this sign is mounted by Graphic Tech, or others, to any existing support structure. This clause provides no defense to defendants. The telephone poles were the support structure upon which the brackets, that held the banners, were mounted. Defendants' breach of contract was the failure to provide adequate brackets for attachment to the telephone poles that were structurally stable. The telephone poles did not cause the banners to sag. Third, the contract contains the following clause: In the event of a breach by seller, claims for defects, shortages, or damages not related to transportation, must be made in writing by the buyer within ten (10) days after delivery / installation. Failure to make such a timely claim shall constitute complete and irrevocable acceptance of the product. Claims must specify in detail the objections of the buyer. No claims shall be made except for defects therein or for non-conformity with some material provision of the order. The sole option of the buyer as to any order property rejected will be to ship such goods to seller o [sic] fix defect in signage within thirty (30) days following seller's written authorization. -4- z 99-4265 CIVIL TERM Defendants maintain that because there was no written claim from plaintiff within ten days of December 2, 1998, there can be no liability for breach of contract. Interestingly, the express warranty in the written contract provides that, "Any claims must be made in writing within seven days of receipt of goods." The essence of defendants' position is that even if the contract was breached, and even if the breach did not become apparent within ten days of the installation of the brackets and banners on December 2, 1998, there can be no liability. The Uniform Commercial Code at 13 Pa.C.S. Section 2607(c), provides: Notice of breach.-Where a tender has been accepted: (1) the buyer must within a reasonable time after he discovered or should have discovered any breach notify the seller of breach or be barred from any remedy; (Emphasis added.) Upon the problem of the sagging banner becoming apparent, plaintiff immediately notified defendants. Defendants then made an effort to correct the problem, but could not because the side mounted brackets were not designed for the telephone poles. Defendants cannot preclude liability for the breach in failing to complete the contract in a workmanlike manner when the breach did not become apparent until two weeks after installation, and plaintiff immediately thereafter provided notice of the breach. Plaintiff maintains that it is entitled to recover the $3,212.75 cost of the new brackets, not just the $1,960 it paid for the faulty brackets. Plaintiff relies on the Uniform Commercial Code at 13 Pa.C.S. Section 2712, which provides: "Cover"; procurement by buyer of substitute goods (a) Right and manner of cover.-After a breach within section 2711 (relating to remedies of buyer in general; security interest of buyer in rejected goods) the buyer may "cover" by making in good faith and without unreasonable -5- 3C 994265 CIVIL TERM /I delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller. (b) Damages recoverable.-The buyer may recover from the seller as damages the difference between the cost of cover and the contract price, together with any incidental or consequential damages as defined in section 2715 (relating to incidental and consequential damages of buyer) but less expenses saved in consequence of the breach by the seller. (c) Other remedies unaffected by failure to cover.-Failure of the buyer to effect cover within this section does not bar him from any other remedy. The contract between plaintiff and defendants provides: In all cases, seller's liability shall be limited to the stated selling price of the product, or at seller's option replacement of the merchandise. Buyer shall have no right to recover by procuring substitute goods. In no event shall seller be liable for special or consequential damages, including profits lost, whether or not caused by or resulting from seller's negligence. Defendants chose not to replace the faulty brackets. The contract, however, precludes defendants from being liable to plaintiff for more than the selling price of the product. This limitation on damages is reasonable and enforceable. See Magar v. Lifetime, Inc., 187 Pa. Super. 143 (1958). Defendants are liable to plaintiff for $1,960, which is the amount plaintiff paid defendants for the faulty brackets., AND NOW, this 1Y 11- day of November, 2001, I find in favor of plaintiff against defendants, and award plaintiff $1,960 with legal interest from April 7, 1999, and costs of suit. Defendants are still fortunate because plaintiff, despite paying defendants $1,000 to install the faulty brackets, did not suffer additional costs for the installation of the new brackets it purchased on April 7, 1999. -6- 31 99-4265 CIVIL TERM Elizabeth S. Beckley, Esquire For Plaintiff Patrick F. Lauer, Jr., Esquire For Defendants :sea -7- By the.Court, Edgar B. Bayley, J. 0 r CAMP HILL BANNER COMMITTEE, By BARBARA A. POOLE, TRUSTEE Ad Litem, PLAINTIFF V. GRAPHIC TECH, INC., and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4265 CIVIL TERM NOTICE OF APPEAL Notice is hereby given that Graphic Tech, Inc. and Vincent R. Williams, t/d/b/a Graphic Tech Signs and Screen Printing, Defendants in the above-named matter hereby appeals to the Superior Court of Pennsylvania from the Order of Court dated November 14, 2001. This Order has been entered in the Docket as evidenced by the attached copy of the docket entry. Respectfully submitted, Date: 12L Patrick F. Lauer, Jr., squir 2108 Market Street, Aztec uilding Camp Hill, Pennsylvania 17011-4706 ID # 46430 Tel. (717) 763-1800 61 1- CAMP HILL BANNER COMMITTEE, By BARBARA A. POOLE, TRUSTEE Ad Litem, PLAINTIFF V. GRAPHIC TECH, INC., and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, DEFENDANTS IN THIS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4265 CIVIL TERM ORDER FOR TRANSCRIPT A Notice of Appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify and file the transcript in this matter in connection with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. Date: I ! Patrick . Lauer, Jr., Esquir 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 I" e-; CAMP HILL BANNER COMMITTEE, By BARBARA A. POOLE, TRUSTEE Ad Litem, PLAINTIFF V. GRAPHIC TECH, INC., and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 994265 CIVIL TERM PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of Pa. R. A. P. 906: Service by first class mail: Elizabeth S. Beckley, Esquire Beckley & Madden 212 North Third Street Harrisburg, PA 17108 By hand delivery: The Honorable Edgar B. Bayley Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Court Stenographer Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Court Administrator's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Date: C' Pa rick F. Lauer, Jr., Esqure 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 i C l? PYS510 Cumber)^zd County Prothonotary's Of-fice .vil Case Inquiry Page 1999-04265 CAMP HILL BANNER COMMITTEE (vs) GRAPHIC TECH INC ET-AL Reference No..: Filed........: 7/14/1999 Case Type.....: APPEAL - DJ Time........ : 8:15 Judgment..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt l.: Higher Crt 2.: General Index Attorney Info CAMP HLLL BANNER COMMITTE PLAINTIFF BECKLEY ELIZABETH S 17 SOUTH 26TH STREET BECKLEY THOMAS A CAMP HILL PA 17011 GRAPHIC TECH INC DEFENDANT LAUER PATRICK F JR 601 WALNUT ALLEY NEW CUMBERLAND PA 17070 WILLIAMS VINCENT R DEFENDANT LAUER PATRICK F JR 601 WALNUT ALLEY NEW CUMBERLAND PA 17070 Judgment Index Amount Date Desc INC WILLIAMSTVINCENT R 960.00 9/14/2000 AWARD OF OF ARBITRATORS * Date Entries FIRST ENTRY - - - - - - - - - - - - - - 7/14/1999 APPEAL FROM DISTRICT JUSTICE JUDGMENT ------------------------------------------------------ 7/14/1999 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND - RULE - TO - FILE --- - - - --- - ------------------------------------------------------------------- 7/23/1999 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ------------------------------------------------------------------- 8/02/1999 COMPLAINT ---------------------------------------------------- 8/24/1999 ANSWER ------------------------------------------------------------------- 7/05/2000 PETITION FOR APPOINTMENT OF ARBITRATORS ------------------------------------------------------------------- 7/18/2000 ORDER OF COURT 7/06/00 APPOINTMENT OF ARBITRATORS GEORGE E HOFFER P JUDGE ARBITRATORS ARE KEITH BRENNEMAN ESQ - SUSAN CANDIELLO NOpp TICENMAILED 7/19/00 ESQ ------------------------------------------------------------------- 9/14/2000 AWARD OF ARBITRATORS IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS IN THE. AMOUNT OF $1960.00 TOGETHER WITH INTEREST AT THE RTE OF 6% PER YEAR FROM MARCH 1, 1999 AND ALL COSTS OF THIS ACTION NOTICE MAILED BILLED COUNTY FOR ARBITRATORS 10/11/00 ------------------------------------------------------------------- 10/13/2000 NOTICE OF APPEAL FROM AWARD OF ARBITRATORS BY MARLIN L MARKLEY ATTY FOR DEFENDANTS ------------------------------------------------------------------- 9/11/2001 PRAECIPE FOR LISTING CASE FOR TRIAL - BY ELIZABETH S BECKLEY ESQ FOR PLFF ------------------------------------------------------------------- 10/09/2001 PRAECIPE TO ENTER APPEARANCE APPEARANCE FOR PLFF BY ELIZABEHT S BECKLEY ESQ AND THOMAS A BECKLEY ESQ ------------------------------------------------------------------- 10/17/2001 PRETRIAL CONFERENCE - DATED 10/17/01 - BOTH PARTIES WAIVED A JURY TRIAL ABENCH TRIAL EDUCTED 45 AM 11/8/01 - BY C HEECOUNTY COURTHOUSE CARLISLE PA A COURT EDGAR B BAYLEY J COPIES MAILED 10/18/01 11/15/2001 VERDICT ------------------------------------------------------------------- AWARD PLFFS $1960 WITH LEGALD INTEREST FAVOR FROM P4/F7/99AND AGAINST COSTS SOF SUIT - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/15/01 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - PYS510 Cumber;wa?d County Prothonotary's Office _vil Case Inquiry Page 1999-04265 CAMP HILL BANNER COMMITTEE (vs) GRAPHIC TECH INC ET-AL Reference No..: Filed........: 7/14/1999 Case Type.....: APPEAL - DJ Time.........: /8:15 Judgment..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: * Escrow Information * Fees & Debits Be Bal Prts/Ad' End Bat APPEAL D.J. 35.00 35.00 00 TAX ON APPEAL .25 .25 . 00 SETTLEMENT 5.00 5.00 . 00 JCP FEE 5 . 0 APPT OF ARBITRA 15.00 1 .00 . 0 APPEAL ARBITRAT 290.00 -------------- 290.00 --- .00 350.25 ------- --- 350.25 --------- .00 * End of Case Information TRUE COPY FROM RECORD m TesWony wr.,-Uorj1, I here aft aat PW haaa .xf the sW1 of said cart at ca drew. Pe. rit A ? ?1Q.? Prt31i'1 mmarv 45 ---rte a a U ? a ti O L 1? ? y ? b m w N ?_ r U W d n a r CAMP HILL BANNER JN THE COURT OF COMMON PLEAS OF COMMITTEE, by Barbara A. Poole, :CUMBERLAND COUNTY, PENNSYLVANIA Trustee Ad Litem, Plaintiff :CIVIL ACTION - LAW V. :NO. 99-4265 GRAPHIC TECH, INC, and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, Defendants PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendants Graphic Tech, Inc., and Vincent R. Williams, t/d/b/a Graphic Tech Signs and Screen Printing, on the attached decision of the Court dated November 14, 2001, rendered following a trial without jury,. 'qw no timely post-trial motions having been filed. \ I AJ ' -` w 0+ ! 1Q wI iNkr4?rC/M l 199, atd rr? ? DATED: Respectfully submitted, BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 4 Elizabeth S. Beckley, s e Attorney for Plaintiff 4 CAMP HILL BANNER COMMITTEE, by Barbara A. Poole, Trustee Ad Litem, PLAINTIFF V. GRAPHIC TECH, INC., and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, DEFENDANTS r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4265 CIVIL TERM T I, VERDIC AND NOW, this day of November, 2001, 1 find in favor of plaintiff against defendants, and award plaintiff $1,960 with legal interest from April 7, 1999, and costs of suit. By the Court, Edgar B. Bayley, J. Elizabeth S. Beckley, Esquire For Plaintiff Patrick F. Lauer, Jr., Esquire For Defendants :saa 1 `o r CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, PA 17011 DATED: /,dl -XI- (2/ ?40xl? ?L Elizabeth S. BecklCy ? -7 ?? - ? ? '?J 4 a7 ?-?? ? ? ? ?? ? ? ?. <_; J ?,, m a .? 'J. o W n A > A ? T U = ?` H F % ' s ?z] "V ^ x ? '? N x F e g W Y' f ? 1 .7 ? ? x ; ; ? = x , U m a z x ® •- CAMP HILL BANNER :IN THE COURT OF COMMON PLEAS OF COMMITTEE, by Barbara A. Poole, :CUMBERLAND COUNTY, PENNSYLVANIA Trustee Ad Litem, Plaintiff :CIVIL ACTION - LAW V. :NO. 99-4265 GRAPHIC TECH, INC, and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, Defendants JUDGMENT AND NOW, this i eay of December, 2001, judgment is entered in favor of Plaintiff, Camp Hill Banner Committee, by Barbara A. Poole, Trustee Ad Litem, and against Defendants, Graphic Tech, Inc., and Vincent R. Williams, t/d/b/a Graphic Tech Signs and Screen Printing, on the decision of the Court dated November 14, 200 1, in the sum of$. OW'06 uil M X41 ?UM .4y(1I 7 #p1 4*d Cam d? 5A I- ? , ?f Assessment of Damages a"y'- -, 2 4, Prothonotary Damages are assessed ont he judgment in the action as follows: Principal Debt .........................................................$1,960.00 Interest from April 7, 1999 ...................................... 315.84 Costs of suit ............................................................ 105.62 Real Debt ................................................................$2,381.46 Prothonotary 4 Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1993 MDA 2001 Page 1 of 2 December 14, 2001 Camp Hill Banner Committee, By Barbara A. Poole, Trustee Ad Litem V. Graphic Tech, Inc., and Vincent R. Williams, Ud/b/a Graphic Tech Signs and Screen Printing, Appellants Case Status: Active Case Processing Status: December 14, 2001 Journal Number: Case Category: Civil Consolidated Docket Nos.: Next Event Type: Docketing Statement Received Next Event Type: Original Record Received Awaiting Original Record CaseType: Civil Action Law Related Docket Nos.: SCHEDULED EVENT Next Event Due Date: December 28, 2001 Next Event Due Date: January 23, 2002 COUNSEL INFORMATION Appellant Graphic Tech, Inc., at al Pro Be: Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Lauer, Patrick F. Bar No.: 46430 Law Firm: Address: 2108 MARKET STREET AZTEX BUILDING CAMP HILL, PA 17011 Phone No.: (717)763-1800 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Camp Hill Banner Committee, By Barbara A. Poole, Trustee Ad Litem Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Beckley, Elizabeth Sanford Bar No.: 70221 Law Firm: Beckley & Madden Address: Beckley & Madden 212 N Third St Box 11998 Harrisburg, PA 17108-1505 Phone No.: (717)233-7691 Fax No.: (717)233-3740 Receive Mail: Yes E-Mail Address: Receive E-Mail: No 3023 66, 72??9 P.M ? Appeal Docket Sheet Docket Number: 1993 MDA 2001 Pape 2 of 2 December 14, 2001 FEE INFORMATION Superior Court of Pennsylvania Paid Fee Date Fee Name Fee Amt Am ount Receipt Number 2001-12-14 00:00:00.000 55.00 55.00 2001 SPRMD001317 KIAL cvuK 11AUt:NCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: November 14, 2001 Judicial District: 9 Date Documents Received: December 13, 2001 Date Notice of Appeal Filed: December 11, 2001 Order Type: Order Entered OTN: Judge: Bayley, Edgar B. Lower Court Docket No.: 99-4265 Civil term ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By December 14, 2001 Notice of Appeal Filed Appellant Graphic Tech, Inc., at al December 14, 2001 Docketing Statement Exited (Civil) Middle District Filing Office 12/14/01 9043 CAMP HILL BANNER COMMITTEE BY BARBARA A. POOLE, TRUSTEE AD LITEM, Plaintiff V. GRAPHIC TECH, INC., AND VINCENT R. WILLIAMS, t/d/b/a GRAPHIC TECH SIGNS AND SCREEN PRINTING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4265 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on November 8, 2001, at 8:55 a.m. in Courtroom Number Two. APPEARANCES: ELIZABETH S. BECKLEY, Esquire For the Plaintiff PATRICK F. LAUER, JR., Esquire For the Defendants ?j f?N FOR THE PLAINTIFF 1. Barbara Poole 2. Edward J. Knittel 3. Timothy P. Maro FOR THE DEFENDANTS 1. Louise Kolonauski 2. Allen Williams 3. Vincent Williams INDEX TO WITNE SSES DIRECT CROSS R EDIRECT RECROSS 4 16 37 38 39 44 -- -- 44 -- -- -- 52 56 -- -- 57 63 -- -- 64 79 -- -- 2 .53 INDEX TO EXHIBITS FOR THE PLAINTIFF IDENTIFIED 11. Brochure 6 2. Photographs of poles and 10 brackets 3. Old bracket 4. New bracket FOR THE DEFENDANT 1. Contract 2. Photograph of Mr. Williams' office with banners 3. Photograph of Mr. Williams' office with banners 4. Photograph of banner with new bracket 49 50 16 30 30 23 ADMITTED 80 80 80 80 80 80 80 80 3 sz ? 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 November 8, 2001, 8:55 a.m. Carlisle, Pennsylvania (Whereupon, Plaintiff's Exhibits 1 and 2 were marked for identification.) (Whereupon, Defendants' Exhibits 1, 2, 3 and 4 were marked for identification.) THE COURT: First witness. MS. BECKLEY: Call Barbara Poole. Whereupon, BARBARA POOLE, having been duly sworn, testified as follows: DIRECT EXAMINATION IBY MS. BECKLEY: Q Please state your name and spell the last for the Court. A My name is Barbara Poole, P-o-o-1-e. Q Are you familiar with the Camp Hill Banner Committee? A Yes, I am. MS. BECKLEY: May I approach, Your Honor? I'm just going to show her a copy of the complaint. THE COURT: Sure. BY MS. BECKLEY: Q Is this a copy of the complaint filed on behalf of the Camp Hill Banner Committee? 4 53- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, it is. Q What is the purpose of the Banner Committee? A The purpose of the Banner Committee was to replace the existing holiday decorations that we had. The committee itself was formed with volunteers from several of our community service organizations. There were 13 at the time we started. Q How did you solicit funds for purchasing them? A Well, first we had to decide what we wanted to get to replace these, and then once we decided then we had to have different fund-raisers, and we solicited for donations. Q Is this throughout the community in Camp Hill? A Yes. Now, this was for Market Street in Camp IHill. Q Did the committee decide to purchase banners and then have them installed? A Correct. Q Who did the committee hire to make and install the banners? A We hired Graphic Tech, Vince Williams, to do this. Q Did the committee tell the defendant exactly what they wanted and showed him a picture? MR. LAUER: Objection. I'm not sure who the committee is, Your Honor, who's telling Mr. Williams what. THE COURT: Rephrase the question. 5 ?b 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. BECKLEY: Q Were there members of the committee that went to see Mr. Williams to purchase this? A Yes. We had one member, Louise Kolonauski, take up to Graphic Tech a copy of a brochure that we had that showed the graphics and banners, and she went up and asked if -- MR. LAUER: Objection, Your Honor, that's hearsay. THE COURT: Is she here? MS. BECKLEY: Yes. THE COURT: Go ahead. You can continue. THE WITNESS: She took this up and asked Vince if he would be able to provide us with banners and brackets. BY MS. BECKLEY: Q Did you meet with Mr. Williams? A Not at that time. Q Later in time did you meet with him? A Yes, I did. Q Did you go over with him the brochure that you referred to and said this is what we want? A Correct. MS. BECKLEY: May I approach, Your Honor? THE COURT: Yes. MS. BECKLEY: I'm going to show the witness Plaintiff's Exhi bit No. 1. 6 ,5-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. BECKLEY: Q Can you tell the Court what I've just handed you? A Now, this is one of the -- this is the brochure that we had taken up -- or Louise had taken up to show Vince that we would -- or Mr. Williams, that we would like to have banners and brackets similar to what was shown. MS. BECKLEY: Your Honor, would you like a copy? THE COURT: Keep going. I will take a look at it afterwards. BY MS. BECKLEY: Q At some point in time did the Banner Committee sign a contract with the defendant? A Yes, and since I was the representative, I was the one that signed the contract. Q I'll draw your attention to Exhibit A on the complaint. Is this a copy of the contract that you signed? A Yes, it is. Q And it details exactly what you were after? A Correct. Q You wanted to purchase two sets of banners? A Yes, one for the holidays and then one for during the remainder of the year. Q Did the committee pay the defendant the full contract price? A We paid so much -- 50 percent down, and then after 7 01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they were put up I believe we wrote the final check. Q Okay. A I'm not sure now. Q Did you pay him the full contract price? A Yes. Q Did the defendant produce the red and blue sets of banners? A Yes, he did. Q Were there any problems with the banners themselves? A Absolutely nothing wrong with them. Q Did the defendant install brackets and hang the banners? A Yes, he did. Q Were there any problems with the installation of the brackets? A Well -- MR. LAUER: Objection, Your Honor. I don't know if she's qualified to give testimony. THE COURT: She can tell me. Go ahead. THE WITNESS: The brackets themselves did not appear that they were sturdy enough because within two weeks the brackets -- actually the banners started to sag. The arms of the brackets seemed to bend, and then also -- so they lost their tautness. Also, another thing too, the way that they 8 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were put -- or made it appeared that the banding was slipping down the pole. BY MS. BECKLEY: Q Is the banding what supported the bracket to the A Yes. And then another thing too about these, the way the bracket held the banners, the banner was right up against the pole. We had creosote -- these light poles have creosote on them and so they were not only -- they were brushing up against the poles and, you know, getting creosote on them. Another thing too, the way the banners were on the pole, since they were up against the pole, if you would come up one side of the street you could not really see what the banner said, only if you were coming down the side that, you know, the banners were on. Q How did you expect the banners would appear? A I expected the way -- MR. LAUER: Objection as to how she expected them. The question is the contract that they had asked for, Judge. THE COURT: I will let her testify. There is no jury. We will figure it all out. THE WITNESS: I was hoping that they would appear the same way as what the brochure showed us. They were up against the pole. 9 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. BECKLEY: Q Is that, in fact, why the committee gave Graphic Tech the brochure? A That's correct. Q Did you take photographs of the brackets once they were installed? A We did. MS. BECKLEY: May I approach, Your Honor? THE COURT: Yes. BY MS. BECKLEY: Q Can you tell the Court what I have just handed you? A These were copies of the pictures that we had taken after -- THE COURT: Did you mark it? MS. BECKLEY: Yes. THE COURT: Exhibit what? MS. BECKLEY: Exhibit 2. THE COURT: What are these, ma'am? THE WITNESS: These are copies of the pictures that we took of the poles and some of the brackets. BY MS. BECKLEY: Q I'll draw your attention to the bottom of the first page on the right. Is that what you meant by the poles not being taut? 10 U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, it was the banners that weren't taut. Now, also the brackets here with the arms they are bent -- Q Okay. A -- causing the banners when they were on them to be not taut. Q What does page 2 show? A Okay. The one on the bottom shows that the one bracket is completely off. We did have some problems there where the -- I'm sorry, it was the arm of the bracket is completely off on that one. Q How about page 3? A Now, page 3 shows the new banner brackets that we purchased. Q And that shows that the banners are away from the pole? A Correct. Q Was the defendant contacted about the problems with the banners? A Yes, he was. Like I said, the first weekend that we had the banners up, it wasn't his fault, but there was a truck -- it appeared that a truck had hit one of the poles -- or one of the brackets, the arms. And since -- right after that, like I said, the second week, they started -- some of them started to sag, and we did approach Vince and -- Q Did the Banner Committee hold a meeting to discuss 11 h? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the problems? A Yes. Yes, we did. Actually, in January then we Ihad -- THE COURT: When were they put up, ma'am? THE WITNESS: These were put up the beginning of December. THE COURT: Of? THE WITNESS: Of 198. THE COURT: Okay. THE WITNESS: And then about two weeks later then we started seeing things -- or some of these banners sag. We did receive telephone calls -- MR. LAUER: Objection to that, Your Honor. THE COURT: Sustained. What did you do, ma'am? You said the committee met. You contacted the defendant. Tell me about that. THE WITNESS: Okay. Then it was in January we contacted him, and I said, would you please come and speak to our committee as to how to improve on the situation, get the brackets the way we wanted them. S.3 he did come to our February meeting. He did admit that he didn't know how to fix them. BY MS. BECKLEY: Q What did he do to address the problems? A He said that he would really try to work it out. 12 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So there was one bad bracket especially across the street from Reager and Adler that he said that he had fixed, but there were several others that still needed fixed. Q After the committee meeting, what happened? A After the committee meeting, Louise and I went up to his office, the day after. We provided him with the name of the borough manager of Highspire. They also have banners and brackets. Also at this meeting with our Banner Committee and Vince, the one representative from the Lions Club said that he would be more than happy to, you know, help Vince out to come to know how to fix the situation. Q What was the purpose of providing him the manager's name in Highspire? A Well, they had, like I said, brackets and banners and they appeared to be -- MR. LAUER: Objection, it's irrelevant. THE COURT: Overruled. THE WITNESS: Well, we figured it would be helpful, you know, to get somebody else's ideas or help. BY MS. BECKLEY: Q So the committee did what they could to fix the problem? A Yes. Q Did the defendant ever fix the problem? 13 W'F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, other than the one across the street from Reager and Adler he supposedly fixed, there was nothing. After this date, after Louise and I had gone up the day after the meeting -- THE COURT: Well, he never -- you are saying he never did anything else on the banners? THE WITNESS: That's right. THE COURT: That was the question. Next question. BY MS. BECKLEY: Q After he attempted to fix the banner in front of Reager and Adler, did he fix any other banners? A Not that I know of. Q What did the committee decide to do? A Well, we wanted to have him appear again at our next meeting which was in March. I kept calling and leaving messages, and he never returned the phone call. Q Did other committee members try and get him to come as well? MR. LAUER: Objection. THE COURT: Did he ever come? THE WITNESS: No. THE COURT: Next question. BY MS. BECKLEY: Q Did you obtain an estimate for new brackets? A Yes, we did. 14 / a-" n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Can I draw your attention to Exhibit B of the complaint. Can you tell the Court what that is? A This is a proposal from Display Sales in Minnesota. Q At the bottom I see that the amount totals $3,212.75? A Correct. Q Is that the amount you are suing for today? A Yes. Q Did the committee, in fact, purchase new brackets from Display Sales? A Yes, we did. Q Were they installed? A Yes, they were. Q Who installed them? A The borough manager and the supervisor of roads. Q What did it cost the committee to have them installed? A No cost. Q Are there any problems with the new brackets? A No. Q Is the Banner Committee pleased with the installation of the new brackets? A Yes. Q Do you have anything else that you wish to share 15 W? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with the Court? THE COURT: No, that is too broad. MS. BECKLEY: Okay. That's all I have. THE COURT: Cross. MR. LAUER: Thank you, Your Honor. CROSS EXAMINATION BY MR. LAUER: Q Ms. Poole, you signed the contract on behalf of the committee, correct? A Correct. Q And just so we have it correct, you are above the age of 18, you have legal authority to sign, correct? A Correct. Q What is your educational background? THE COURT: What does that have to do with it? MR. LAUER: To her signing the contract and understanding the terms of the contract. THE COURT: That has nothing to do with this. The contract is a contract. You said it earlier. MR. LAUER: Okay. Can I approach, Judge? THE COURT: Sure. BY MR. LAUER: Q On Exhibit No. 1, Defendants' Exhibit No. 1, this is the contract that you signed in this case, correct? A That's correct. 16 b[ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And right before you sign it, right before your signature, it says, I have read and understand Graphic Tech terms and conditions of sale on the reverse side and hereby authorize purchase of the above items according to said terms and conditions. Payment will be made as outlined above. Correct? A Yes. Q And you signed that, you understood that by signing it, and, in fact, you did read the back side of this, correct? A Well, I didn't read the back side, no. Q But you signed it acknowledging that you did? A I did sign this. Q You signed it acknowledging that you read the back side, correct? A That's what it is, yes. Q And you were acting on behalf of the committee? A Correct. Q And you had authority to do so and you want to be conscientious about something you were signing, spending money that you went and got contributions from people from Market Street, right? A Correct. Q Now, on the back side of the contract -- THE COURT: which exhibit is this? 17 b8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 ?, MR. LAUER: Defense Exhibit No. 1, Judge. THE COURT: Defense Exhibit No. 1? MR. LAUER: Yes, the contract signed between the parties. THE COURT: Okay. BY MR. LAUER: Q Now, they were installed, if I'm correct, on December 2nd of 198? A That's right. Q The final payment was tendered to Mr. Williams on December 10th, correct? A That's what I couldn't remember, whether we paid him after the installation or beforehand, right beforehand, but it was paid in full. Q But it was paid December 10th, it was after the installation date they were paid, correct? A Okay. Q So you can't dispute that it wasn't paid on December 10th is what you are telling me? A No. Q So if I'm correct, obviously you had no problems with it for nine days, otherwise you wouldn't have paid him the money, correct? I mean, that's fair. Would you agree with that? A Well, we paid him. 18 k r, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q If there was a problem in those nine days, you wouldn't have paid him the balance of the money until it was fixed, right, fair? A Correct. Q Now, on here -- on the contract itself it says, In the event of a breach by the seller, claims for defect, shortages or damages not related to transportation must be made in writing by the buyer within ten days after delivery or installation, and it says in writing. You never put anything in writing to Mr. Williams within ten days of acceptance of these goods, correct? A Correct. Q When was the first time that you ever put anything in writing to Mr. Williams telling him that there was a defect in his workmanship? A Well, the only thing that was in writing was the claim through our lawyer. Q Right. The first time anything was put in writing to Mr. Williams was March 24th, 1999, from Ms. Beckley to Mr. Williams, correct? A Correct. Q And basically the claim there in that letter from your attorney is that the arms were far too short, correct? MS. BECKLEY: I'm going to object. THE COURT: Well, the letter speaks for itself. 19 76 r, 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You are asking her what the letter is. Do you have it in front of you, ma'am? THE WITNESS: Yes. THE COURT: Go ahead. Next question. THE WITNESS: Is this -- THE COURT: Next question. MS. BECKLEY: No, that's the complaint. BY MR. LAUER: Q Do you have the letter from the attorney? A No. Q The first question is, the one complaint in there is that the arms were too short, correct? A Correct. Q Now, what in the contract that you signed on behalf -- THE COURT: You cannot have her go through the contract. I mean, the contract speaks for itself. You said it earlier. MR. LAUER: All right. BY MR. LAUER: Q Did you specify how long the arms were to be when they were made? A No. Q The banner did fit on the arm, correct? A Correct, it did fit. 20 ,It n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Nothing was specified as to how far the banner was to be from the pole, is that correct? A Only what we wanted from the example. Q Well, nothing on this example that you refer to says how far a banner is from the bracket, correct? A We wanted it this way. Q You didn't say that? A Not up against. Q You didn't say that? A I didn't. Louise did. Q Okay. You weren't present when Louise was there, correct? A I was not present with Louise. Q You can't vouch for what Louise said or did? A Um-hum. Q And, of course, thr_ only thing that was shown was this photograph of the banner and that's -- she was there asking about -- THE COURT: Wait a minute. Are you asking when she wasn't there? MR. LAUER: Yes. THE COURT: Wait unt:.1 we get that witness. BY MR. LAUER: Q Now, we've gone over the arms. Now, you have no experience in determining how strong or how weak a bracket is 21 7' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to be, correct? A Correct. Q Now, tell me specifically in your complaint -- in your complaint in paragraph 7, you specifically state that the defendant did not install the brackets in a workmanlike manner period. I'm asking you for evidence as to what he specifically did not do correctly, what he did not do correctly in a workmanlike manner? THE COURT: She just told me. She just told me exactly what happened with this stuff afterwards. They were not satisfied. He would not fix it, and they went and bought new ones. She just told me. They have all of the brackets and everything. MR. LAUER: Okay. 1BY MR. LAUER: Q Ma'am, I understand your -- MR. LAUER: Judge, she's saying the brackets weren't long enough. That's not a workmanlike manner. THE COURT: I am not saying anything. I am just saying she already told me what the problem was. MR. LAUER: I want to get into it from an evidence Istandpoint. THE COURT: Elicit facts and that will take care 22 73 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LAUER: Q What factual information do you have for me that says in his performance of installing it that was incorrect? THE COURT: Here it is a legal question. That calls for a conclusion. She already told me what the situation was when the things got up on the poles. BY MR. LAUER: Q Now, moving along. I'm showing you Defense Exhibit No. 4. This is a photograph. MS. BECKLEY: I'm going to object. Can you show I me? MR. LAUER: I already did. I showed it to you when you were sitting there. THE COURT: Did you mark that lawyer's letter? MR. LAUER: Not yet, Judge. THE COURT: So that is not marked then? MR. LAUER: No, sir. THE COURT: The only thing marked is D-1 that I heard about? MR. LAUER: That's correct. THE COURT: Now you are at D-4? MR. LAUER: Yes, sir. THE COURT: Show her what you want. BY MR. LAUER: Q Defense Exhibit No. 4 is a photograph of a 23 74 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bracket -- is the banner that was sold to you by Mr. Williams and the brackets that were installed and purchased from someone else, correct? A The banner was Vince's, yes. Q The brackets are different? A The brackets are different. Q This photograph was taken, obviously, after the new bracket's put up. This photograph depicting this banner, in fact, shows that it sags a little bit. Isn't that true? A It shows pretty taut to me. Q Well, does it show some sagging of that banner? MS. BECKLEY: I'm going to object, Your Honor. She just answered that question. MR. LAUER: No, she didn't. THE COURT: What is your question? MR. LAUER: This photograph, in fact, shows -- THE COURT: Wait a minute. Don't you testify. You ask her a question. BY MR. LAUER: Q Does this photograph show, in fact, some sagging? THE COURT: I want you to move back there. MR. LAUER: I'm sorry, Judge. BY MR. LAUER: Q Does this photograph show some sagging, some? A It does appear pretty taut to me. 24 5 c 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I n Q Pretty taut. The question is yes or no, does -- THE COURT: She answered it. MR. LAUER: Okay. THE COURT: You can't tell her how to answer. BY MR. LAUER: Q What do you mean by pretty taut? A Well, I can see everything that's written on there. Q Now, when Mr. Williams -- when he put his up, you could see everything written on that, correct? A Well, some of them. Q Well, how many specifically could you not see? A Well, there was -- I would say that there was between -- I'm just roughly saying between 5 and 10 maybe out of the 40. Q Okay. Now, before you entered into the contract with Mr. Williams, you had actually gone out and sought bids from someone else in Lancaster, correct? A Correct. Q And the type of bracket and banner that you were getting a quote from them from was the same type of bracket and banner -- A No. THE COURT: Hold on. You have got to let him ask the question first. 25 7? r•. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I'm sorry. THE COURT: Go ahead. Finish the question. BY MR. LAUER: Q The brackets and banners that you were shown by the people from Lancaster was the same type that Mr. Williams was offering you, correct? A It could have been similar, but she came up and showed us their banners. They manufacture their own brackets an their own banners. Q Right. A Right. But I can't say that they were the same. Q Okay. In fact, in talking to them, they told you basically the time -- you talked to them about the type you were being shown by Mr. Williams, and they basically told you that they thought those would work just as well, correct? MS. BECKLEY: Objection, Your Honor. THE COURT: Sustained. BY MR. LAUER: Q Now, Mr. Williams did come out there -- first of all, at no time did any bracket ever fall off of any pole, correct? A The one arm did. Q That's the one the truck hit? A No, no, no. As you will see in the pictures that we have -- 26 77 i 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Can I see the photograph so I know which one? A Yes. MR. LAUER: Can I approach, Judge, so I know which one she is talking about? THE COURT: Yes. THE WITNESS: This one here had lost its arm. BY MR. LAUER: Q When was that taken? A This was probably March. Q March. Three months later? A Right. Q Now, you don't know if anything structural caused that to fall, meaning that it wasn't workmanlike, something else hit it, correct? A I don't know. I don't know what happened to it. Q You don't have any proof that it was because of what Mr. Williams did, correct? A I did see one of the banners with an arm that iwas -- Q I'm talking about that photograph. A -- dislocated. This one? Q Yes. A I can't say on that one. Q You can't say what caused that? 27 1? e 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Right. Q And it was three months later, right? A Correct. Q Now, would it be fair to say that the new brackets that you purchased are completely different than what you purchased from Mr. Williams? A Yes. Q They are much heavier, correct? A Well, when I contacted the -- Q The question is, aren't they much heavier? THE COURT: Do you know if they are heavier? THE WITNESS: Yes, they are. BY MR. LAUER: Q In fact, they are several more -- in fact, the way they are mounted they are completely mounted completely different than what was offered to you by Mr. Williams, correct? A Right. Q Okay. And they are more expensive, correct? A They were. Q And one of the things that you were looking at, obviously, when you went out and got contributions for this is when you first were looking for products you were looking to save some money, correct? A Actually it was the two places that we had got 28 7C emN e 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 estimates from, they were very similar, and the reason why we had chose Vince was because he was right there on Market Street, and we thought we would like to give him the business. Q I know he appreciated that. You said they were similar, the two quotes that you had, correct? A They were. Q And the products were similar, correct? A Well, there was a difference. Q What was the difference between the two products? A Okay. Display Sales on their banners -- now, this is different than the brackets, but their banners they had -- Q I don't mean to interrupt you because we're not arguing about banners here. A Right. Q Brackets, what was the difference between the brackets between the two quotes that Mr. Williams gave you and the other one? A Other than they manufacture their own, and their banners fit their own brackets. Q And so they were basically similar in price, similar in structure, they made their own? A Their structure was very similar to the one Display Sales shows where the banners stood away from the pole. Q And they were similar in the brackets to the ones 29 p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that Mr. Williams was showing you, correct? A I really couldn't say because their brackets would have probably been the side arm, or whatever, instead of the front. Q You don't know though, do you? A Well, because they stood out from the pole, whereas Vince's was right up against the pole. Q Now, showing you Defense Exhibit 2 and 3. Defense 2 and 3, these photographs are where Mr. Williams' office was, correct? A Yes, this is where his office was. THE COURT: They were what? MR. LAUER: Photographs of Mr. Williams' office in Camp Hill where he had displays of banners. BY MR. LAUER: Q Is that fair to say that he had banners on his poles? A Yes. Q And you guys had seen those banners on those poles which led you to go to Mr. Williams, correct, to at least get an initial quote? A Yes. Q And the type of bracket that is on that pole that was in front of his office is the same type that you purchased, correct? 30 ? I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I don't know. I'm assuming. Q You're assuming? A They appeared to be -- Q They appear to be? A -- what they looked like, right. Q And that banner is right up against the pole, correct? A Well, it appears that there is a space there between the pole and -- Q How much? A Maybe about -- MS. BECKLEY: I'm going to object, Your Honor. It's a photograph. She doesn't know. MR. LAUER: She's seen other photographs, Judge. THE COURT: The picture speaks for itself. BY MR. LAUER: Q Well, how far -- when you went to his office and you saw those banners, how far was the banner from the pole? A I don't remember. I don't remember. Q The type of banner -- or the type of bracket that Mr. Williams at least that was on his poles in front had the same type of banding, the same type of bracket that it was hanging from, correct? A It appears. Q Right. Now, you talked about a brochure that was 31 U r 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 shown to Mr. Williams. A Yes. Q Which was Plaintiff's Exhibit No. 1. And to be fair, on any of the photographs that are on this portfolio, there is garland all around the poles, correct? A That's right, um-hum. Q So one can't even see the bracket, correct? A Correct. Q So for practical purposes without knowing the garland -- where the garland is, you don't know, in fact, where that bracket is, so that it could be right up against it, correct, for all you know? THE COURT: Well, wait a minute. The picture speaks for itself. Next question. BY MR. LAUER: Q All of these you don't know -- on your exhibit, you can't see where the bracket is in relation to the banner, right? A Right. Q And, in fact, if there was garland around the telephone poles, you wouldn't be able to tell where the bracket was in relation to the banner, correct? A Correct. Q Okay. Now, the telephone poles, you didn't go up and examine those yourself, correct? 32 fl THE COURT: I hope she didn't climb the telephone 9 c 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 poles. MR. LAUER: Right. BY MR. LAUER: Q You didn't go up and even look at them? THE COURT: You didn't, did you, ma'am? THE WITNESS: No. BY MR. LAUER: Q Now, those poles though, in fact, have different shapes. Some of them are bent a little bit themselves, isn't that true? A Sure, they are natural. Q The poles aren't straight, right? A Correct. Q Some of the poles have crevices in them, correct? A Correct. Q And they're not perfectly round, correct? A Correct. Q Now, when Mr. Williams was installing the banners and the brackets, do you remember that? A Yes. Q It was a big thing, everyone is interested, you go out and you look at them, right? A Right. Q When he was installing them, isn't it true that he 33 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 told you that there was some problems with the poles which caused some difficulty installing them and making them specifically tight? A Yes, he did refer to one. Q And isn't it true that you told him to do the best you can do, Vince? A And if he couldn't use that pole -- Q The question is -- A -- to go to the next one, to another one. THE COURT: Listen to the question. BY MR. LAUER: Q Didn't you tell him to do the best you can do? A Sure. I could only -- Q Now, at the time the contract was signed, there was no agreement between the parties as to what specific poles would be used, correct? A He was told that they were going to be down Market Street on the light poles. Q Down Market Street? A Correct. Q There was no agreement between the parties as to what pole would have what bracket on, right, at the time the contract was signed? A We had to get permission from PP&L. Q Right. Mr. Williams could not pick the poles 34 W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which he could want for the banners, that was already marked by you guys with an X with some kind of mark, correct? A Correct. Q And you are using your banners today, correct? A Yes, we are. Q And they look good, right? A Absolutely. Q Mr. Williams told you that he couldn't do anything with these brackets because that's the way they were made, isn't that true, they were a side mount bracket, there was nothing more that he could do than what he gave you? THE COURT: The question is, is that what he told you, if you recall, you personally? THE WITNESS: I really -- could you ask the question again? BY MR. LAUER: Q When you had your meeting and Mr. Williams showed up, the one that he showed up there -- A Right. Q -- and he discussed it with you, isn't it true that he told you basically after some thought that the poles couldn't be made any longer, that wouldn't change anything because the way that the brackets were made the banner had to be brought up against the pole? A Actually, he said the poles could be made longer, 35 (J(e 1° r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but to secure the banner to the bracket it had to be close. Q Right. He told you that's the way that the brackets were made, it didn't matter how long the pole was, to secure the banner it had to be brought up taut against the pole, right? A Right. Q And that is exactly what was shown on the photographs of the banners and brackets that were on his building, right? A Well, the brackets -- MS. BECKLEY: 7'm going to object, Your Honor, the photographs -- THE COURT: Sustained. BY MR. LAUER: Q So the brackets were not too short because, in fact, it wasn't -- 2 mean, the poles weren't too short, it's how they were made with the bracket to bring them back in, correct? MS. BECKLEY: Objection. THE COURT: Sustained. BY MR. LAUER: Q So there was no damage to the banners because they are fine, they look good, right? MS. BECKLEY: Objection. She's already testified there was. 36 Q? r THE COURT: I think she did. You are using the same banners now as you did before? THE WITNESS: Yes. E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LAUER: Q So when you put in your complaint and signed your verification that everything was true and correct that there was damage to the banners, that was not true, correct? A There was creosote on the banners. Q They are not damaged, they just needed cleaned, fright? A Well, you really can't clean creosote off of them. Q They probably get dirty from all of the trucks going through Camp Hill too, correct, just right now? THE COURT: Move on. Elicit facts I need to know to decide this. MR. LAUER: No further questions, Your Honor. THE COURT: Any redirect? MS. BECKLEY: Just a couple, Your Honor. REDIRECT EXAMINATION BY MS. BECKLEY: Q Mrs. Poole, I direct your attention again to P-1, was the point -- which is the brochure. Why did you give -- or why did the committee give Mr. Williams a copy of that brochure? A We wanted to have -- to see if he could possibly 37 0 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 make us up banners and brackets that would appear the same way as what's shown. Q And on the brochure, is there not a space between the banner and the pole? MR. LAUER: Objection, it speaks for itself. THE COURT: Well, she can answer that. You asked her some questions. Does it show in your opinion? THE WITNESS: Yes. BY MS. BECKLEY: Q Is that what the committee was seeking? A Yes. Q Did you ever select the brackets from Mr. Williams? A No. Q Did you ever have a discussion about the brackets with Mr. Williams? A I didn't. Q So I'm assuming, therefore, you never selected side mount versus front mount? A Correct. MS. BECKLEY: That's all I have, Your Honor. THE COURT: Anything else? RECROSS EXAMINATION BY MR. LAUER: Q Who did select the brackets? 38 8 J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Whenever Louise went up, she asked for a bracket and a banner. Q And you don't know what specifications she asked Ifor? A She only had this to go on too. Q And you don't know what was said between the two of them about anything, correct? A No. MR. LAUER: No further questions. THE COURT: You may step down. Next witness. MS. BECKLEY: We would like to call Mr. Edward IKnittel. Whereupon, EDWARD J. KNITTEL, having been duly sworn, testified as follows: DIRECT EYAMINATION BY MS. BECKLEY: Q Please state your full name and spell the last for the Court. A Edward J. Knittel, K-n-i-t-t-e-1. Q Are you employed? A I am employed as the borough manager for the borough of Camp Hill. Q Are you familiar with the Camp Hill Banner Committee? 39 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, I am. Q What was your involvement with the Camp Hill Banner Committee? A The Banner Committee through its various civics clubs asked me to meet with them a couple of different times prior to November of 1998 to talk about the placement of banners along Market Street. The club approached us about the possibility of placing banners on poles along Market Street, and we contacted PP&L and got their permission for the lplacement of banners. Q We being the borough? A Yes. A No, ma'am. Q Did you witness problems with the banners? A I witnessed the banners being installed. I witnessed the banners after they were installed by Mr. Williams, and I would say I witnessed problems found in the installation of the banners. Q What did you recognize or witness when they were going up with the installation? A A number of the banners were placed up against the edge of the pole pretty much as Mrs. Poole described. Where the banners rubbed up against the pole the arms in many cases 40 G11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r appeared to sag, and within a couple days afterwards we received a number of calls that the -- MR. LAUER: Objection. THE COURT: It is what you saw. She asked you what you saw. Tell me what you saw with respect to the banners not what some people moaned about. THE WITNESS: I saw the banner arm sagging. I saw the banners block against the edge of the poles. 1BY MS. BECKLEY: Q Did the borough receive complaints? MR. LAUER: Objection, that's hearsay. THE COURT: What difference does it make? MS. BECKLEY: Okay. Fair enough. Q After the banners and the brackets were installed by the defendant until the time they were taken down, was there any severe weather in the borough? A Severe weather. It was in the December and January period of time. We had some snow, some ice storms, nothing major of any significant nature. Q In your position as borough manager, do you keep a record of the -- A We keep a record of all of the weather conditions. Q Were you involved in the purchase of the new 41 U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r? A At the request of Mrs. Poole and the Banner Committee, I did help them order new brackets. Q Were you in charge of the installation of the new brackets? A We were in charge -- I don't know if anybody's in charge, but as much as one is, it probably was myself. Q Did you actually install them? A We actually helped install them. Q We being the borough? A Myself and members of the Borough Public Works Department. Q When did you put the new brackets up? A They were installed in May of '99 just prior to Memorial Day. Q And are those same brackets up today? A Yes. Q Have there been any problems with the new brackets? MR. LAUER: Objection. THE COURT: Overruled. Go ahead. THE WITNESS: I think we have one broken one. We don't know why it broke. It snapped. The company sent us a replacement. BY MS. BECKLEY: Q Has there been any severe weather since the new 42 ?3 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 brackets went up in May of 199? A What I would call typical winter seasons, snow, ice, nothing -- no major blizzards, no major storms. Q So the banners or the brackets that are up currently are the same that were up in May and there is no problems with them other than the one that was replaced? MR. LAUER: Objection. THE COURT: He answered it already. Next question. BY MS. BECKLEY: Q Were there any problems with the banners themselves? A The banners, a number of them -- THE COURT: At what point? MS. BECKLEY: After they were installed. THE COURT: By? MS. BECKLEY: Mr. Williams. THE WITNESS: A number of the banners had the edges, perhaps the first 4 inches or so along the edge, that laid against the pole, the telephone pole, had creosote on them and other dark type materials. We used the assistance of the cub scouts, boy scouts, and our own crews to wash and clean all of the banners as much as we could from that. BY MS. BECKLEY: Q Have they been cleaned entirely? 43 C4- r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. MS. BECKLEY: Nothing further. THE COURT: Cross. MR. LAUER: Court's indulgence. CROSS EXAMINATION BY MR. LAUER: Q Sir, you helped take the old brackets down? A Yes. Q And you guys still have those or did you throw them out? A We have some. Q Some of them you threw out, some you kept? A Yes. MR. LAUER: No further questions. THE COURT: You may step down. Next. MS. BECKLEY: We call Mr. Tim Marc. Whereupon, TIMOTHY P. MARC, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. BECKLEY: Q Please state your full name and spell the last for the Court. A My name is Timothy P. Maro, M-a-r-o. Q Are you employed? 44 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 n A Yes, ma'am. I'm employed by the borough of Camp Hill as the assistant borough manager. I'm also the director of Public Works. Q Are you familiar with the Camp Hill Banner Committee? A Yes, ma'am. Q Are you also familiar with Mr. Williams? A Yes, ma'am. Q Were you involved with the purchase and installation of the banners? THE COURT: Which ones? MS. BECKLEY: The first set. THE WITNESS: No. BY MS. BECKLEY: Q Were you involved with the purchase and the installation of the second set of banners? A Yes, I was. Q What was your involvement? A My involvement was to be part of and also direct our Public Works Department as to the removal -- at that point and time in May of '99 the removal of the existing brackets, what was left, and installation of the new brackets which were provided by Mrs. Poole. Q Can you describe for the Court the condition of the brackets that you removed? 45 C61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. I'm trying to give a scenario here. We didn't remove them all at one time. Throughout the winter after they were first installed in the -- after December of 98, there was several occasions where our crews were dispatched to go take a banner down because of a faulty bracket. MR. LAUER: Objection. THE COURT: Overruled. Go ahead. THE WITNESS: There was several times when our crews were dispatched to go take care of a report of a banner sagging, a banner hanging down, a broken banner hit the ground, a broken bracket. So several times throughout the months, and I don't have specific dates, but there was several, several times, I'm going to talk in the tune of 10 to 15 times, when we did go down Market Street and have to remove specific units right off the poles at that point and time. As time went on, May of 1999, whatever was left on the poles was dismantled. Banners were taken off the old brackets and reinstalled on new brackets, and they were reinstalled. BY MS. BECKLEY: Q Were the new brackets different from the old brackets? A Yes, they were. 46 q7 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Can you explain for the Court how? A Yes. If you take a cylinder, I'm talking as the new brackets were mounted -- I'm going to use this, my finger, as a telephone pole. The new brackets were mounted on the front of the telephone pole, okay, which allowed the pole to extend out. It allowed the banner separation between the pole approximately 3 to 4 inches. The original brackets were a side mount which mounted on the side of the pole which obviously to fasten the banner onto the bracket the banner had to be back up against the telephone pole itself to fasten it. One of the major problems that I saw with this system was being it was a side mount it gave the ability for the bracket to go up and down like that which in turn loosened the banner, made the banners not tight, which in my opinion -- and I'm not a professional banner person -- but in my opinion -- MR. LAUER: Objection to that, Judge, he's not qualified. THE COURT: He can tell me what happened here. THE WITNESS: In my opinion, when the brackets on the poles sagged down, because there was no way to fasten them securely, they sagged down which allowed the banners to free in the wind more which I certainly think the more they blew in the wind it weakened the brackets which caused some of them 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to -- the wells break on them and so on. BY MS. BECKLEY: Q Do you have an example of the old bracket and the new bracket with you should the Court wish to see them? A Yes, we do. MS. BECKLEY: Your Honor, would you like to see I them? THE COURT: I will only accept evidence that is presented. I do not need to see anything. BY MS. BECKLEY: Q Can I ask you to get the new versus the old? A Yes, ma'am. Q Thank you. MR. LAUER: Your Honor, I'm going to object at least at this point as to what the condition was. If this was one of the old brackets when it was first put up or -- THE COURT: When he gets it, we will get him to identify what he is showing me, and we will go from there. Are you going to mark this stuff? MS. BECKLEY: If you want to keep it. THE COURT: If you are going to have him testify and identify something, I want it marked. MS. BECKLEY: Okay. We'll mark that, I believe it will be, Plaintiff's Exhibit 3 and 4. THE COURT: Just go down and let her put a sticker 48 q r. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on one of the pieces and that will be all right. Just make that Exhibit 3 as a unit. (Whereupon, Plaintiff's Exhibit No. 3 was marked for identification.) BY MS. BECKLEY: Q Mr. Maro, using your arm as the telephone pole, if you would raise it in the air, can you show the Court how the two were mounted? THE COURT: Is this the old or new bracket? THE WITNESS: This is the old bracket. Q Show the Court how that was mounted to the pole. A If my arm were the telephone pole, the bracket would be mounted like that. Q On the side? A On the side of the telephone pole. Q So when you described how it wiggled -- A The reason it wiggled, there's nothing here to grasp onto the telephone pole, and it had the ability to either move up or move down both ways. It never -- it could never -- it never stayed tight against the pole. It was always -- most of them -- most of them were either like that or like that. They very rarely stayed straight. Q How was the old bracket mounted to the pole? A It had two stainless steel straps. 49 boa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How is the new bracket mounted to the pole? A They had three stainless steel straps. Q Can you show him -- A Sure. Q -- the new bracket? THE COURT: We will mark this Exhibit 4. (Whereupon, Plaintiff's Exhibit No. 4 was marked for identification.) THE COURT: Go ahead. BY MS. BECKLEY: Q Again, can you show the Court how that was mounted using your arm as the telephone pole? A Yes. If my arm's the telephone pole, it was mounted exactly like that facing out to the street. Instead of side, it was right directly facing the street. Being with this mount, it couldn't sag down, it could not sag up. They always stayed straight. They couldn't go that way, and they didn't go that way. They stayed to this day. Q And they were secured the same way bracket one was secured? A That's correct. Q Do you have any problems with the new brackets today? A Not at all. We had one or possibly two scenarios where the cast broke on the mount itself, and they were both 50 /01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 / . replaced by the company free of charge. THE COURT: Just have a seat. BY MS. BECKLEY: Q Other than the one or two casts that broke, have you had any problems with the brackets themselves since they have been up? A The brackets themselves, no. We've had maybe a couple stainless steel straps break but that's common. Q So you haven't had to take them down? A No. MS. BECKLEY: I have nothing further, Your Honor. MR. LAUER: No questions. THE COURT: You may step down. Next. MS. BECKLEY: That's all I have. THE COURT: You rest? MS. BECKLEY: I do. THE COURT: I will take a break. Reconvene at five of, a five minute break. (Whereupon, a brief recess was taken.) THE COURT: Defense. MR. LAUER: Your Honor, before I get started, at least for the record I would like to make a motion for a nonsuit. THE COURT: Denied. MR. LAUER: Can I state the reasons why? 51 !off 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -N THE COURT: No. MR. LAUER: Louise. Whereupon, LOUISE KOLONAUSKI, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. LAUER: Q Ma'am, would you state your first name and spell your last name for the record. A All right. Louise Kolonauski, K-o-1-o-n-a-u-s-k-i. Q Ms. Kolonauski, you're a member of the Camp Hill Committee, I guess? A Yes, sir. Q And is it fair to say that you were asked by Mrs. Poole to go to see Mr. Williams about banners? A No, I was the one that suggested it. Q Okay. So you had gone -- did you, in fact, go see Mr. Williams about banners? A I did. Q When was that that you went there? A It was, I think, in the fall of '98, but I'm not really sure. Q And when you went to see him, did you take anything with you when you went to see him? 52 /v3 1 2 3 4 J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I took a brochure. Q When you went to see him, I take it you, yourself, had no personal experience in making brackets or the design of brackets or anything like that? A That's correct. Q Your main concern, is it fair to say, that you went there -- THE COURT: I want you to ask direct questions. MR. LAUER: Okay. BY MR. LAUER: Q You went there basically asking to make you and discuss -- THE COURT: Why did you go there? That is the direct question. BY MR. LAUER: Q Why did you go there? A To see if he could provide us with banners and brackets to hang on Market Street. Q Was your main discussion with him a design of a banner? A No. The main discussion was to see if he could duplicate a banner. I think we had intentions of designing our own. Q Could he duplicate a banner that you designed? A Yes. 53 /4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. And you showed him what was a plaintiff's exhibit, he saw the banner, some of these banners. Did he tell you that he -- THE COURT: I will not allow you to -- this is direct examination. I want you to ask simple, direct questions, elicit facts, and I will get it all together and solve this for the folks. BY MR. LAUER: Q What did he tell you about what he could do about the banner? A We discussed material, and he informed me he was very familiar with the materials that were used in these banners and that he could, indeed, make us a banner similar to the one in the picture. Q Similar to the one that was shown there? A That's correct. Q Was there any discussion specifically about specifications, about brackets? A No. Q Did you have any discussion with him as to how far a banner would be away from a pole? A No, sir. Q Did you happen to see any samples that Mr. Williams had there? A I think he showed me a cardboard piece that had 54 I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 material swatches on it. MR. LAUER: May I approach, Judge? THE COURT: Sure. MR. LAUER: I'm just looking for an exhibit. BY MR. LAUER: Q Do you recall seeing banners hung from the front of his business when you went there? A No, I do not. Q So they could have been there, you just don't know one way or the other? A Right. Q Okay. MR. LAUER: Court's indulgence. BY MR. LAUER: Q Was there any discussion on how the brackets -- if it was supposed to be a front face mount or a side face mount? A No, sir. Q Did you ask that the brackets be mounted on the front of the pole? A No, sir. Q What did Mr. Williams tell you as regards to how they would be installed? A Installation was not discussed. MR. LAUER: No further questions. 55 ?0? 1-1? r"s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Cross. MS. BECKLEY: I have just a couple. CROSS EXAMINATION BY MS. BECKLEY: Q Mrs. Kolonauski, you said that you went to Graphic Tech because he was in Camp Hill? A That's correct. Q Did you go to him because you felt that this was his business, putting up banners and signs? A Not necessarily. We just -- he was a graphic company, and I thought it would be nice if we kept the business local rather than to go to Lancaster or Minnesota. Q Okay. When you spoke to Mr. Williams about purchasing the banners and the brackets, you had indicated that you had not discussed the brackets. A No, we had not. Q Did you ever discuss or select brackets? A No. Q What was your understanding, if you had one? A Yes, I assumed since he was a graphic tech company that he would make the banners and buy the brackets. Now, I have nothing to base that assumption on other than we never discussed brackets. Q So you didn't select them? A No. 56 167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r-? Q You just selected the banners? A That's correct. Q You heard Mrs. Poole and Mr. Knittel and Mr. Marc testify about the problems with the banners today. Would you agree with them? MR. LAUER: Objection, it's beyond the scope of I direct. THE COURT: MS. BECKLEY THE COURT: MR. LAUER: THE COURT: MR. LAUER: IWilliams. Sustained. Fair enough. Nothing further, Anything else? No, sir. Ma'am, you may step down. Next. Your Honor, we call Mr. Allen Whereupon, ALLEN WILLIAMS, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. LAUER: Q Mr. Williams, would you state your name and spell your last name for the record. A Allen Williams, W-i-1-1-i-a-m-s. Q And where do you reside, sir? A Mechanicsburg. Q Can you tell the Judge what your involvement was 57 q r-? E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with Graphic Tech regarding the testimony that you've heard today? A At the time the banners were purchased and the brackets were manufactured, I worked with my brother. We did it from start to finish together. Q Can you tell the Judge if you, in fact, did help him install them? A Yes, I did. Q Tell the Judge, if you recall, how the poles were selected? A I really don't know who selected the poles, but I know when it came time for us to install the banners on the poles they were predetermined for us so we had no choice about which poles we could use and which we couldn't use. They were marked with an X. Q Tell the Judge -- did you have to use a boom truck to put these up? A Yeah. We used ladders, and we rented a boom truck and had a bunch of equipment to put them up. They are kind of difficult to install. Q What condition were those telephone poles in when you were installing these brackets and banners? A Well, there were all kind of problems. There were cracks in them. There was creosote, obviously, because they mentioned the creosote. All telephone poles have a lot of 58 fq r1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 creosote on them. There were wires and all kinds of things up and down the poles. As I said, they were difficult to install. We wanted to put them on other poles, but I don't know why they had selected the poles they selected, maybe the spacing, they wanted the banners spaced. Q Did the condition of the poles affect installing these, making them taut or anything like that? A Well, yeah, definitely. They were old wooden poles. I mean, the wood's going to deteriorate. And the tighter you make them, they are going to dig into -- the way they were designed they were supposed to dig into the side of the pole to keep them from wobbling, but when there's not a lot of strength to the poles, they're not going to hold up like they should. Q Now, when you installed these, was there any problem -- did you install all of the banners and brackets? A Yes. Q After you guys installed them, did you receive any 1compliments on them? A Yes. Q And what compliments did you receive? A They look good. People were proud of the banners. Q Did that come from the Camp H ill Committee? A Um-hum. In fact, I remember we actually had to 59 /tb 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ON get Barbara for some reason or other. There was a problem with one of the poles, and I don't remember if Vince had to actually go and get her in the middle of putting up the banners or whether she actually came out. But I remember her commenting on how they looked that day, and that's when we had the conversation about do the best we could. There was a problem with the one pole. Q So there was a discussion with Mrs. Poole when they were being put up? A Yeah. To answer your question, she said they looked good when we were putting them up. She was happy with them. Q You indicated there was some type of discussion between your brother, Mr. Vince Williams, and Mrs. Poole regarding some type of problem though? A Yeah. One of the poles -- it was a long time ago so I don't remember what the discussion was, but I know we were having problems with the poles. They weren't -- the poles we were having problems with. Q The exhibit that we have talked about here, Defense Exhibit No. 3 and Exhibit No. 2, what do they depict? A Those are the brackets and the bands that we used for the Camp Hill banners. Q And were these samples on your brother's business on Market Street? 60 It t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 A Yeah. Q And were they up at the time -- installed up on his business at the time that this contract was signed in '98? A Yes. Q Now, the way that you installed the brackets and banners when you put them on the telephone poles, did you install them the same way that they were installed on the poles -- on the metal poles in front of your brother's business? A Exactly, because when Vince told me that he had gotten the contract, I asked how we were going to do it. He said that they had asked them to be exactly like the poles out front on his business. So that's what we manufactured and made. Q If there was any problem with any alleged sagging, in your experience in you putting them up, what would your opinion be as to the contribution to that? MS. BECKLEY: I'm going to object, Your Honor. THE COURT: I am not sure I understand the question. There was a problem. So are you asking him what the problem was after they started to sag? MR. LAUER: Yes, what caused it. THE COURT: Okay. Ask that question. Ask the question and see if she objects to that. 61 /e? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LAUER: Q You've heard testimony that some of these sagged some period of time afterwards, weeks afterwards, and knowing that you put them up, in your opinion what caused that? MS. BECKLEY: I'm going to object. He hasn't laid a foundation for his opinion. THE COURT: I will let him tell me like I let the other lady tell me. MS. BECKLEY: Okay. BY MR. LAUER: Q Tell the Judge -- THE COURT: We are not dealing with a spacecraft here. Go ahead. BY MR. LAUER: Q What caused some, if any, of these to sag? A Well, I would say that the poles on Vince's shop were metal poles, and they were designed for metal poles. That's what they're for. The wooden poles they are just not as stable. That's what caused them to sag. Q The poles? A The poles. MR. LAUER: Court's indulgence. Cross-examine. MS. BECKLEY: Indulgence, please. 62 1(Z 1 CROSS EXAMINATION 2 BY MS. BECKLEY: 3 Q Mr. Williams, do you work for your brother 4 full-time? 5 A I did at the time. 6 Q You did at the time. So you had installed banners 7 and brackets previous to installing Camp Hill? 8 A Yes. 9 Q Have you seen the new brackets? 10 A I have. 11 Q And have you witnessed any of the same problems 12 the old brackets had? 13 A You mean your brackets? 14 Q The brackets that are up now. 15 A Well, only the sagging problems. I mean, that's 16 kind of common. There is no way -- 17 Q Have you seen -- 18 MR. LAUER: Let him answer the question. 19 THE COURT: You cut him off. Finish your answer. 20 THE WITNESS: There is no way -- with the wind and 21 the elements, there's always going to be flexing in the 22 brackets a little bit. 23 BY MS. BECKLEY: 24 Q So you would have that regardless of what brackets 25 are up? 63 it 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Pretty much. Q Okay. MS. BECKLEY: I have nothing further. THE COURT: Anything else? MR. LAUER: No. THE COURT: You may step down. Next witness. MR. LAUER: Your Honor, we call Mr. Vince IWilliams. Whereupon, VINCENT WILLIAMS, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. LAUER: Q Mr. Williams, state your first name and spell your last name. A Vincent Williams, W-i-1-1-i•-a-m-s. Q And, Mr. Williams, are you the owner of Graphic Tech, Incorporated? A Yes, I am. Q How long have you had that business? A Close to ten years now. Q Tell the Judge a little bit about your educational experience. A I went to college for commercial art. Q Where did you go to college? 64 flj, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Kutztown University. Q Did you graduate? A Yes. Q And you've had your own business for ten years? A Yes. Q Now, did you enter into a contract with the Camp Hill Banner Committee? A I did. Q Tell the Judge how that all came about. A I think I was first approached by Louise. She stopped in. She said she saw the banners on my porch and wondered if I could help them out because they were looking at banners and to work up a proposal for them. I believe her and Barbara Poole came up and showed me some brochures they had received from other companies and asked me if I could produce banners, and that was basically it. We just talked about artwork and if I could reproduce the artwork that they had sort of sketched out. Q Was there any discussion -- okay. You've heard Mrs. Poole testify, correct? A Correct. Q And you've heard Mrs. Kolonauski testify. Mrs. Kolonauski testified that there was no discussion on how they were to be installed, is that correct? A Correct. 65 A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Was there any discussion between you and Mrs. Poole or any other party as to any spacing between the banner and the pole? A No. Q Was there any -- did they ask for any specifications on any type of bracket? A No. Q Now, on the exhibits that you talked about, you said that they had seen some samples that you had in your building, two and three, these photographs. A Right. Q Were they up at the time? A Yeah. Q Now, when you had provided this contract to Mrs. Poole, did she take this home with her or did she sign it right there? A I believe we discussed everything, worked out all of the details, and then she came up and signed it when she gave me a deposit. I believe that's what happened. Q When she was there, did she read the contract front and back? A I don't recall. I don't remember. Q On the bottom of your contract it says that the person signs it understands that they've read the front and the back, correct? 66 11-7 r"1? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Now, you put -- did you put the poles up on December 2nd? A Yes. Q When you were putting them up, did you put them up with your brother? A Right. Q So you wanted to be actively involved in this? A Right. Q Did you select the poles? A No, they were selected for us. Q What, if anything, occurred when you were installing these brackets and banners? A Occurred. From the very beginning, they were hard to get very tight on the poles because the poles were -- especially the higher you got the worse they were. They had, you know, holes and the wood wasn't very good quality. So as you tightened the bracket into the wood, it didn't get as tight as I would have liked it. That's why I had to reinstall a couple. I went down to see Barbara and I said, listen, we're having problems with these poles. They are not, you know, what I thought they were going to be. And she looked down the road and she said, well, they look good, you know, just do the best you can, and so I continued. 67 /i Cf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So you informed her of potential problems? A Right. Q And after you installed -- when did you complete installation of them, December 2nd? A Two days. It might have been the 1st or 2nd or the 2nd and 3rd. It took awhile. Q When did you receive full payment on acceptance? A It was about a week later I think. Q December 10th? A Right. Q In your contract, the contract requires them to notify you if they have a claim of a defect, correct? A Correct. Q They were supposed to do that within ten days in writing, correct? A Correct. Q Did you ever receive anything in writing that they were -- within 10 days or 20 days that there was a defect in the way that you put them up? A No, not until the letter of, I think it was, March 28th from the attorney, March 24th. Q Now, you live on Market Street, right? A Correct. Q And your office is on Market Street, right? A Right. 68 /IJ ---11 Owls 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q I would assume that you wanted them to look good with your name there? A Oh, absolutely. Q Now, you've heard testimony -- have you heard the testimony about these two different type of brackets? A Yeah. Q The one that you provided and the one that they provided. There's is a front mount I guess, correct? A Right. Q With some kind of very heavy metal here, correct? A Right. Q Does this cost substantially more than the bracket, the sample, that was on your building? MS. BECKLEY: I'm going to object, Your Honor. How is that relevant? THE COURT: Sustained. BY MR. LAUER: Q What is the difference between these two and how much more would it cost you if you, in fact, could make one as opposed to the other one? MS. BECKLEY: Again, the same objection, the cost. THE COURT: Sustained. BY MR. LAUER: Q What is the difference? THE COURT: Cost. I'm sustaining the objection as 69 /]o 1" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to cost. You can ask him what the difference is of the bracket itself. BY MR. LAUER: Q What is the difference between the second type that they purchased, this front mount, and the side mount that you provided? A It's just made completely differently. Q Now, in fact, did you even have a front mount yourself? A No. Q Could you have even made a front mount? A No. Q You could not make that? A No, I can't cast those. Q I mean, this has to come from a manufacturer? A Yeah. Q Now, did you tell them, in fact, you were making your own for the price? A Yeah. Q They knew you weren't getting them from someone I else? A Right. Q And did they see that on the front of your building? A Yeah. 70 /a I 1^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you ever have -- how long were the brackets and the poles on the front of your building with the banners? How long had they been hanging up there? A They've been up there a long time, probably longer than they should have, a year, a year and a half. Q Did you ever have a problem with them sagging from that type of pole in front of your building? A No, I never had problem one. I just put them up and left them there. Q When Barbara Poole or anyone was there, did they ask you to look at the type of bracket that they were purchasing? A No. Q But it was there? A Right. Q And you showed it to them? A Right. Q what was their main concern, the way that the banner would look or the type of bracket that would be used? A I believe 90 percent of our discussions were the banners, the artwork, what they were going to be made out of, we should cut slits in them to let the air through, that type of thing. I don't believe we ever discussed brackets. Q Did they want slits in them, the banners? A They did, but the banner material manufacturer 71 ?'? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wouldn't guarantee the material if we cut slits in them so we didn't. Q The type of bracket that you made, did you rely on books that are sold by other people for the same type of thing that you made? A Oh, yeah. The bracket that I made is a common bracket in the industry. A lot of sign companies sell them, sign suppliers sell them. I purchased them before, and I realized that they are -- you know, they are relatively simple to make, and that's why I manufactured them myself. Q When was the first time that you recall where there was any complaint from Barbara Poole or anyone that there was a problem with anything and what was the problem they were complaining about? A It was a couple weeks after the installation, and I don't know if I first received word from Barbara, it might have been someone else on the Banner Committee, calling me. But, yeah, they were concerned because it was close to the pole. It was, you know, back up and they expected it to be out front like the other borough's and the surrounding. Q So the first complaint was that the banners were too close to the pole? A Yeah. Q Was there any complaint about it sagging? A No. 72 16)3 1?\ r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Was there any complaint about anything bending? A No. I brought that to their attention. Q From the beginning? A Yeah. Q Now, when, if at all, did you first learn that they wanted a gap between the pole and the bracket and the banner? A I guess when I first, you know, received word that they weren't happy with the banners, that they needed to be out further. Q That was a couple weeks after installation? A Yeah. I don't know how long after that. Q Could you correct that with the type of bracket that they selected? A No. Q Why not? A There's only one way to install those, and you have to tie the base of the banner with a little electrical tie strap to the bracket itself that's attached to the pole so that the banner doesn't slide off into the street. So no matter how long the arm is, it's always going to be back to the side of the bracket. Q So the length of the pole had nothing to do with it, it's the type of bracket that was requested -- A Right. 73 1,)It 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /"? Q -- and supplied? A Correct. THE COURT: What did you say? What did you lead him? They requested the type of bracket and you supplied the bracket they requested? Is that what you just said? That is the way he asked the question. It was a leading question. Are you saying they selected the bracket? THE WITNESS: No, they didn't select the bracket. THE COURT: I thought that was contrary to what lier. Next question. Q The sample -- I misspoke. The sample that you showed them and you provided them. A The one I had on my porch is the one that we made, yeah, that we -- Q Now, the one that was on the porch was no different -- of your building was no different than the one that was on the telephone poles? A No, with the exception of the pole, no difference. Q At one point in time did you receive a complaint that a truck had hit one of the poles? A Yeah. It was following installation, maybe a couple days or a week or so after. Q what did you do in response to that? A I had extra brackets made so I just went and 74 Or "I ?004? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 replaced it. Q Now, there were complaints -- testimony that there were numerous phone calls to you and you would not return their phone calls. Is that true? A I believe that was probably after I received the letter from Elizabeth Beckley. Q What was the discussion about -- did you go to the town meeting that they had? A Yeah. Q What was that discussion about? A Again, about getting the banners out, you know, further away from the pole, and I explained to them I don't see how, you know, we can do it. I said I'll look into it, I'll see what I can do. Again, I brought up the thing that some are sagging, they need to be tightened up, you know, continued tightened up so they get, you know, tight into the wood and they don't wobble or anything anymore. I said I would take care of that. I went and fixed one pole and put some screws through it to hold it tight. I think I informed Barbara that I had fixed one of them, and it was shortly after that that I received the letter from Elizabeth Beckley. I think I gave -- I sent a letter myself to Barbara saying, you know, I tried to do the best I could, but I'm not going to do anything more now 75 OP ? r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if you are going to pursue legal action. So that's why I stopped. Q Now, you still live on Market Street? A Right. Q But your office now is in New Cumberland? A Right. Q In that period of time, have you seen any of these new banners -- the same banners but with the new brackets, have you seen any of them sag? A I've seen one or two of them, but they are fixed pretty quickly. Q Is it fair to -- you tell me, that type of banner, would that sag a little bit or blow a little bit just because of wind conditions? A I think they are all going to, yeah. They are all going to sag. Q Tell me what your warranty disclaimers were on the contract that Barbara Poole agreed to. THE COURT: Well, that speaks for itself. That is for argument. Without a jury, you do not have to go through all that warranty stuff. It is legal. MR. LAUER: Court's indulgence. BY MR. LAUER: Q Was there anything wrong -- was there anything wrong or defective about the way you installed the brackets 76 07 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that you showed them a sample of? A No. The ones on my porch? Q Yeah. A No, there was nothing wrong with them. Like I said, I've never had a problem with them. Q Was there anything wrong about the way you installed them on the telephone poles? A Other than the condition of the poles, no. If they had been perfect poles, we wouldn't be here today. Q Their poles -- I mean, their brackets that they have used now have three bands. A Right. Q Would that have changed any difference about you putting them up if you had put three bands on them? A No. The poles were still, you know -- Q So if the bands wouldn't have made a difference, then what is their complaint about your work? THE COURT: Well, that is not a proper question. I have heard what their complaint is. Ask him what his position is. BY MR. LAUER: Q What's your position on what's causing their alleged -- A What I feel their complaint is? Q Yeah. 77 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I feel their complaint is that once the banners were up they didn't look like the surrounding boroughs, and they took offense to that and they wanted it to look like everyone else's. Q Were the banners the way you put up different than the way other boroughs were? A Oh, yeah, yeah, they were different. Q How were the ones that you had installed for them different than other boroughs? A They were tight up against the pole. The other boroughs had this new type of bracket that they have now that puts the banners out 6 inches. Q And that's what the big issue was? A That's the big issue. Q Did the Camp Hill Committee ever come down to you and show you any brackets that had defective welding? A Defective, no. Q No. Have you ever been shown one that the welding broke off? A No. Q Have you ever seen any in any exhibits in any of the depositions or anything? A No. Q Did they ever offer to give you these back? A No. 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Now, if they would have given these back to you after they sued you, could you have sold these again to someone els e? A Oh, yeah. There is nothing wrong with them. Q So you lost money that way then? A Yeah. Well, I didn't lose money. Q But, I mean, you haven't lost money yet, so to speak. The exhibit here that they have shown that they took down, was this good enough to resell? A No. Q This is not? A That looks like it's been run over by a truck or something. Q Okay. A But I'm sure that's not a sample of most of the brackets they have taken down. MR. LAUER: No further questions. MS. BECKLEY: I just have a couple, Your Honor. CROSS EXAMINATION BY MS. BECKLEY: Q Mr. Williams, you acknowledged that Mrs. Kolonauski came to see you and brought you the brochure, correct? A I believe the first time she came she didn't bring a brochure. I think the second time her and Barbara came 79 130 -. r"? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 together they brought a brochure, this one, and we talked about the banners. Q So you have seen the brochure and you have seen how the brochure shows the banner away from the pole? A Correct. Q And you also indicated that you didn't discuss the brackets with the defendants, the main discussion was all about the price and primarily about the design of the banners? A Correct. Q You are in the business of designing banners and putting up brackets, is that also correct? A Correct. MS. BECKLEY: I have nothing further, Your Honor. THE COURT: You may step down. MR. LAUER: Your Honor, no further testimony. We would move for the admission of our exhibits into evidence. THE COURT: They are admitted. Did I admit plaintiffs? I forget. MS. BECKLEY: I don't think I moved for the admission of them. THE COURT: And plaintiff's are admitted. Anything else? MS. BECKLEY: Would it be possible for me to get the new bracket back when the case is done? THE COURT: We will see about that. You are 80 131 -. r•' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 through right now. MS. BECKLEY: Okay. THE COURT: The record is closed. Argument off the record, plaintiff. (Whereupon, argument was held off the record.) THE COURT: 1 understand it. Court is adjourned. (Whereupon, the trial was concluded at 10:44 a.m.) 81 /11 e 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1` CERTIFICATION 1 hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Pamela R. Sheaffer Official Court Reporter ?J ----------------------------- The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. I 11 27i b2-- Da e 82 133 Edgar B. Bayley, \J. Ninth Judicial DistriAl ( ? C;uidll' CUt,': ad? SYLVwNA U E "Ala AM E&QW Ph. (71 7) 730.7466 DATE O ORO SIGNS and SCREEN PRINTING Fx. (717) 73092140 T DEUVE ON 2104 Market Street • Camp Hill, PA 17011 BIL O PD" 1472 PHO SHIP TO PHONE CU MER AME FAX C NAME -" FA% ??- ADDRESS ADDRESS CITY. STATE 8 ZIP CITY, STATE 8 21P ... .. ....,..,.t SALESPERSON TERMS: ? COD T "ATS DESCRIPTION ( fncfutle STYLE antl COLOR) 1 T TEXTfLE S ONLY UNIT M L XL xL YYYt TOTAL ootne TOTAL 7 Camera Woe~ ??A?Itr?>2 f=?wD Color Chant Installation D DANA toaaefrN0. FOR IUaIIRFIGTION OATS IIIBbIRVrR: I'R? SPECIAL INSTRUCTIONS: Total order price and "'alma' balance due do of include (cable ti81Bt tae end packing Total charges and may vary according to actual an Psyn and camera charges. Relune Lirapnic I eCh hereby proposes to furnish labor and materials - complete it, accordance with the above specdlcabons for the sum above. All material is guaranteed to be as specified. We assume no responsibility lot minor manufacturer dye variations. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications rivolvmq extra cost. will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes. accidents of delays beyond our control. This contract subject to acceptance within 30 days and is void thereafter at the option of Graphic Tech Any cla ins roust he made m carding within seven days of receipt of goods. All orders shipped will be based on information contained heroin. No returns of merchandise accepted without women permission. No cancellations after order has been shipped on stock items. No cancellations alter production has begun on custorn orders ACCEPTANCE OF PROPOSAL I have read and understand Graphic Tech 's Terms and Conditions of Sale on the ieveise side and homily authorize purchase of the above items accoratng to said Terms and Conditions. Payment will be made as outlined nbovo V CAMP HILL BANNER :IN THE COURT OF COMMON PLEAS OF COMMITTEE, by Barbara A. Poole, :CUMBERLAND COUNTY, PENNSYLVANIA Trustee Ad Litem, Plaintiff :CIVIL ACTION - LAW V. :NO. 99-4265 GRAPHIC TECH, INC, and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, Defendants PLAINTIFF'S PRETRIAL MEMORANDUM I. Brief Narrative Statement of the Case Plaintiff and Defendant entered into a written contract in which Defendant agreed to supply and install outdoor banners and brackets along Market Street in Camp Hill, Pennsylvania. Defendant supplied the banners and installed the brackets. Shortly after Defendant installed the brackets, they started to come lose causing the banners to sag. Plaintiff requested the Defendant to repair the brackets on several occasions; however, Defendant failed and refused to fix them. Because Defendant failed to supply proper brackets, Plaintiff s only remedy was to purchase new brackets. 11. List All Types and Amounts of All Damages Claimed $3,212.75 -- Cost of replacement brackets 90.62 -- District Justice filing fees 15.00 -- Filing Fee for Petition for Appointment of Arbitrators -- Interest III. List of Names and Addresses of All Persons Who M Classifying Them as Liability or Damage Witnesses Barbara Poole Edward Knittel 17 S. 26th Street 237 N. 23rd Street Camp Hill, PA 17011 Camp Hill, PA 17011 damage and liability damage ay be Called as Witnesses, Timothy Maro 243 N. 24th Street Camp Hill, PA 17011 damage IV. List of All Exhibits Which a Party Intends to Use at Trial I. Parties' Contract 2. Display Sales Brochure 3. Photographs of the Brackets and Banners 4. Estimate for the New Brackets 5. A sample of the Old and New Brackets * Plaintiff's exhibits have already been provided to Defendant at the arbitration V. Copy of the Written Report or Answer to Written Interrogatories Consistent With Rule 4003.5 Containing Opinion of Expert Witness No expert opinion. VI. Stipulations of the parties, if any No Stipulations. VII. Estimated Length of Trial One day. VIII. Any Scheduling Problems None. IX. Any Special Evidentiary Issues None. X. The Current Status of Settlement Negotiations Plaintiff and Defendant have attempted to negotiate a settlement but have been unable to reach an agreement. Dated: /0-v-0/ Respectfully submitted, BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 aa'6"/' Eli abeth S. Beckley, s i CERTIFICATE OF SERVICE 1, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL Patrick F. Lauer, Esquire Marlin L. Markley 2108 Market Street Camp Hill, PA 17011 DATED: _-liz eth S. Beckley ?. IL\Il H1 S ItU IH;. I'NV\%1'L\',\SL\ 17111%- I1M1% ? CAMP HILL BANNER COMMITTEE, by Barbara A. Poole, Trustee Ad Litem, Plaintiff V. GRAPHIC TECH, INC, and . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4265 CIVIL ACTION - LAW VINCENT R. WILLIAMS, t/d/b/a JURY TRIAL DEMANDED Graphic Tech Signs and Screen Printing, Defendants DEFENDANT'S PRE-TRIAL MEMORANDUM PURSUANT TO LOCAL RULE 212-4 I. STATEMENT OF FACTS AS TO LIABILITY AND DAMAGES; On April 7, 1996, Louise Kolonauski, on behalf of Plaintiff's, Camp Hill Banner Committee, approached Defendant, Vincent Williams, at his business. She was interested in the banner that Mr. Williams had hanging on a pole outside of his business. She represented that the Camp Hill Banner Committee was interested in hanging banners similar to the banner that he had hanging outside of his business. These banners were to hang from poles located along Market Street in the borough of Camp Hill. Ms. Kolonauski asked Mr. Williams to submit a proposal for what it would cost for him to manufacture the banners and brackets and install them on the poles in the borough. Mr. Williams provided a proposal to the Camp Hill Banner Committee. The proposal was: $60.00 for each banner; $49.00 for each set of brackets; and $25.00 each for installation. The Camp Hill Banner Committee voted and accepted Mr. Williams proposal. In late November of 1998 and or early December 1998 Mr. Williams installed the brackets and banners. While installing the brackets he noticed that the poles were not in very good shape as a result of age and rotting wood. He stopped installation of the banners and advised Barbara Poole of the problems with the poles and informed her that it was causing the brackets to not be as secure as they should. She advised him to do the best that he could. Mr. Williams then completed the installation of the brackets and banners. II. PRINCIPAL ISSUES OF LIABILITY AND DAMAGES Defendant, Vincent Williams performed the duties that he contracted to perform. Defendant does not have a claim for damages. III. SUMMARY OF LEGAL ISSUES AND AUTHORITIES RELIED LPON DEFENDANT DID NOT BREACH THE CONTRACT. It is well settled that in order to effectuate an enforceable contract, there must be an offer, acceptance, and consideration or mutual meeting of the minds. Jenkins v. County of Schuylkill, 441 Pa.Super.642, 648, 658 A.2d 380, 383, allocatur denied, 542 Pa. 647,666 A.2d 1056(1995). In this case, the Defendant concedes the existence of an express contract between Plaintiffs and himself. Therefore, the existence of the contract is not an issue. In this case the Defendant was approached at his place of business and informed that Plaintiff's wanted to hang banners like the one he had hanging outside of his business. The brackets that the Plaintiffs saw were the only brackets that Defendant manufactured. The Defendant manufactured the brackets and hung them along with the banners in a workman-like manner. IV. IDENTITY OF WITNESSES 1. Vincent Williams - Owner of Graphic Tech 2. Alvin Williams - Helped install brackets and banners 3. Louise Kolonauski - Committee member V, EXHIBITS 1. The contract. 2. Photographs of bracket and banner that hung outside of Graphic Tech. VI. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS Parties have unsuccessfully attempted to settle claims. Respectfully submitted, Marli L. Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: U - ?(- z (7G( ID# 84745 Tel. (717) 763-1800 CAMP HILL BANNER COMMITTEE, by Barbara A. Poole, Trustee Ad Litem, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4265 V. CIVIL ACTION - LAW GRAPHIC TECH, INC, and VINCENT R. WILLIAMS, t/d/b/a JURY TRIAL DEMANDED Graphic Tech Signs and Screen Printing, Defendants ERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing PRE-TRIAL MEMORANDUM upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: Elizabeth S. Beckley, Esquire Thomas A. Beckley, Esquire 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Marlin L. Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 ID# 84745 Telephone (717) 763-1800 Date: la-It-2m PATRICK F. LAUER, JR, Attorney at Law 2108 Ma ko Svccl _ 200 Ane. Buddmp Camp 11,11. Pot 17011 17171761. Ie1Ml h f try '?? ' f aw?j t +Y> td?„ lii,h I °. -f woro *aa- InJ?yY,4 i : x ??1F Y t FIT, v ,l ?} 1 Yt+?L ttv ?jl IRr > . P i, w ?t t` 1 r 1 M , r. t Y.ra +' r.r w , } Jf,?9 YMrt?} ?5 1 ?? I , IlM ?#r e --LL Y+yp 1 am!" h ff, t , idol:. 4h ? , 1el ! + ;# gi?il iv P 1? ' t e +>.r yl °t .'lf ( 1 r r .. a J /i{rl If A .af J 4 r"`, CETIFICATE AND,rRANSMIT'I'AL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLA'T'E PROCEDURE 1931 (C) To the Prothonotary of the Appllate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: CAMP HILL BANNER COMMITTEE By BARBARA A. POOT TPUSTEE AD LITEM v. GRAPHIC TECH, INC., and VINCENT R. WILLIAMS, t/d/b/a GRAPHIC TECH SIGNS AND SCREEN PRINTING NO. 99-4265 CIVIL TERM NO. 1993 MDA 2001 The documents comprising the record have been numbered from No. 1 to 134, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 1-25-02 Curtis R. Long, Prothonotary Jane H. Sparling, Dpty. 'this certificate is enclosed. Please sign and date of this record. Date Signature & Title n ?. Among the Records and Proceedings enrolled in the court o1' Common Ple;ts in and for the county of CUMBERLAND in the Commonwealth of Pennsylv;mia 1993 MDA 2001 to No, 98-4265 CIVIL -'ferns. 19 is contained the following: COPY OF _ COMPLETE DOCKE'r ENTRY CAMP HILL BANNER COMMITTEE, by BARBARA A. POOLE, TRUSTEE AD LITEM V. GRAPHIC TECH INC., and VINCENT R. WILLIAMS, t/d/b/a GRAPHIC TECH SIGNS AND SCREEN PRINTING E ATTACHED CERTIFIED DOCKET ENTRIES. Commonwealth of Pennsylvania County of Cumberland ss: In TESTIMONY WHEREOF. 1 have hereunto this 95th Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said Comity. do hereby certify that the foregoing is a full, true and correct copy of the whole record of the rC therein stated, wherein Carrp Hill Banner Comm., by Barbara A. Poole, Trustee A Litem Plaintiff, and Graphic Tech, Inc. & Vincent R. Williams, t/d/b/a Graphic Tech Signs and Screen Printing Defendant s , as the same remains of record before the said Court at No. 99-4265 of civil Term. A.D. 19_. set my hand and affixed the seal of said Court day of _ January A. D., ?? Prothonolarv George E. Hoffer President Judge of the Ninth Judicial District, compose Rd of the County of Cumberland, do certify that Curtis . Long , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at thetime of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts ofjudicature as elsewhere, and that the said record. certificate and attestation are in due form of law and 7M$9 &nl ludpCommonwealth of Pennsylvania County of Cumberland ss: 1. Curtis R. Long . Prothonotarv of?he kotrkof Cosmgn Pleas in and for the said County, do certify that the Honorable GGeorge o er, by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President.) udge of the Court of Common Plcas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to he given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seal of said Court this 25th day of January A.D. agO2 Nw hnnma r, PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry 1999-04265 CAMP HILL BANNER COMMITTEE (vs) GRAPHIC TECH INC ET AL Reference No..: Filed........: 7/14/1999 Case Type.....: APPEAL - DJ Time.........: 8:15 Judgment...... 1960.00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0[00/0000 ------------ Case Comments ------------- Highher Crt 1.: 1993 MDA2001 Higher Crt 2.: General Index Attorney Info CAMP HLLL BANNER COMMITTE PLAINTIFF BECKLEY ELIZABETH S 17 SOUTH 26TH STREET BECKLEY THOMAS A CAMP HILL PA 17011 GRAPHIC TECH INC DEFENDANT LAUER PATRICK F JR 601 WALNUT ALLEY NEW CUMBERLAND PA 17070 WILLIAMS VINCENT R DEFENDANT LAUER PATRICK F JR 601 WALNUT ALLEY NEW CUMBERLAND PA 17070 Judgment Index Amount Date Desc GRAPHIC TECH INC 1,960.00 9/14/2000 AWARD OF ARBITRATORS WILLIAMS VINCENT R 1,960.00 9/14/2000 AWARD OF ARBITRATORS GRAPHIC TECH INC 1 960.00 12/15/2001 VERDICT WILLIAMS VINCENT R 1 960.00 12/15/2001 VERDICT GRAPHIC WILLIAMS TECH R 1,960.00 12/14/2001 JUDGMENT ON VERDICT * Date Entries - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - --- 7/14/1999i APPEAL FROM DISTRICT JUSTICE JUDGMENT ?- ------------------------- - - - --------------- 7/14/1999 ? PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE- L-0- 1 --------------------------------------------------------- ------- 7/23/1999- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT- ----------------------------------------------------------------- 8/02/1999 - COMPLAINT ----------- ------------------------------------------- 8/24/1999. ANSWER --SWER L(? - -------------------------------------------------- 7/05/2000 ' PETITION- FOR APPOINTMENT OF ARBITRATORS Ab _ ?? ---------------------------------------- ------------------ 7/18/2000 ,ORDER OF COURT 7[06[00 APPOINTMENT OF ARBITRATORS GEORGE E HOFFER P JUDGE ARBITRATORS ARE KEITH BRENNEMAN ESQ - SUSAN CANDIELLO ESQ AND THOMAS FLOWER ESQ NOTICE MAILED 7/19/00 a,? o?v ------------------------------------------------------------------- 9/14/2000 ? AWARD OF ARBITRATORS IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS IN THE AMOUNT OF $1960.00 TOGETHER WITH INTEREST AT THE RTE OF 6% PER YEAR FROM MARCH 1, 1999 AND ALL COSTS OF THIS ACTION NOTICE MAILED BILLED COUNTY FOR ARBITRATORS 10/11/00 ------------------------------------------------------------------- 10/13/2000 ? NOTICE OF APPEAL FROM A RD OF ARBITRATORS BY MARLIN L MARKLEY ATTY FOR DEFENDANTS ------------- - ------------------------------- 9/11/2001 ?PRAECIPE FOR LISTING CASE FOR TRIAL - BY ELIZABETH S BECKLEY ESQ FOR PLFF -------------------- ------------------------------------------- - 10/09/2001 PRAECIPE TO ENTER APPEARANCE APPEARANCE FOR PLFF BY ELIZABEHT S BECKLEY ESQ AND THOMAS A BECKLEY ESQ a 4- - - - ---- ---------------------------------------- 10/17/2001 i PRETRIAL CONFERENCE - DATED 10/17/01 - BOTH PARTIES WAIVED A JURY TRIAL A BENCH TRIAL WILL BE CONDUCTED IN CR 2 OF THE CUMBERLAND COUNTYBCOURTHOUSECOARLISLE PA AT8:45OAM 11/8/01 - BY THE COURT ---------------------------------------- - ----------------------- PYS510 4 Cumberland Count e Prothonotary 's Office Pa e 2 g . . ^ Civil Cas Inquiry •^ 1999-04265 CAMP HILL BANNER COMMITTEE (vs) GRAPHIC TECH INC ET AL Reference No..: Filed........: 7/14/1999 Case Type ..... : d APPEAL - DJ Time. ....... : 8:15 Ju gment..... 1960.00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Dis posed Date. 0/00/0000 ------------ Case Comments ----------- -- Highher Crt 1.: 1993 MDA2001 -5F - 11/15/2001 01 AND AWARD PLFFS $1960 WITH LEGAL DINTEREST RFROM P4 /F/7/99AANDT COSTS SOF 1Q SUIT - BY THE COURT EDGAR B BAYLEY J COPIES MAIL $D 11/15 O1 0j1? J° VERDICT NOT INDEXED ON JUDGMENT INDEX UNTIL DECEM$ER/26, 2001 ------------------------------------------------------------------- 12/11/2001 INO IC$ OF APPEAL TO SUPERIOR COURT - FROM OR?-OF-COURT-DATED 11//14/O1-_-BY PATRICK F LAUER JR ESQ - ---- 12/14/2001 PRAECIPE FOR ENTRY OF JUDGMENT ON THE VERDICT AND JUDGMENT ENTERED --------------------------------- ---- - -- -- --- - - - - ---- - - - - -- 12/14/2001 NOTICE MAILED TO DEFENDANTS -- 5_ -- ---------------------------- ------------------------- 12/17/200h 1 SUPERIOR COURT OF PA NOTICE 0 APPEAL D CKETING TO # 1993 MDA 2001 --- --- ------------ -------- ------------ ----------------------- 1/17 002' TRANSCRIPT LODGED 1/22/2002 TRANSCRIPT FILED IN RE TRANSCRIPT OF PROCEEDINGS BY THE COURT EDGAR B BAYLEY J LAST ENTRY * Escrow Information * Fees & Debits Beq* Bal P*ymts/M End Bal APPEAL D. J. 35.00 35.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 APPT OF ARBITRA 15.00 15.00 .00 APPEAL ARBITRAT 290.00 290.00 .00 APPEAL 30.00 30.00 .00 JDMT 9.00 ------------ 9.00 .00 -- 389.25 ---------- --- 389.25 --------- .00 * End of Case Information CAMP HILL BANNER COMMITTEE IN THE COURT OF COMMON PLEAS OF BY BARBARA A. POOLE, CUMBERLAND COUNTY, PENNSYLVANIA TRUSTEE AD LITEM, Plaintiff V. CIVIL ACTION - LAW GRAPHIC TECH, INC., AND VINCENT R. WILLIAMS, t/d/b/a GRAPHIC TECH SIGNS AND SCREEN PRINTING, Defendants NO. 99-4265 CIVIL TERM Before: Edgar B. Bayley Date: November 8, 2001, Attorneys: Elizabeth Beckley and Patrick Lauer LIST OF EXHIBIT FOR THE PLAINTIFF 1. Brochure 2. Photographs of poles and brackets 3. Old brackets 4. New brackets FOR THE DEFENDANT 1. Contract 2. Photograph of Mr. Williams' office banners 3. Photograph of Mr. Williams' office banners 4. Photograph of banner with new bracket *All exhibits in file except for Plaintiff's 3 and 4 which were given to the Court Administrator's Office to be put in vault* CAMP HILL BANNER COMMITTEE, by Barbara A. Poole, Trustee Ad Litem, Plaintiff V. GRAPHIC TECH, INC. and VINCENT R. WILLIAMS, t/d/b/a Graphic Tech Signs and Screen Printing, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4265 NOTICE OF HEARING TO: Elizabeth S. Beckley, Esquire Patrick F. Lauer, Esquire Beckley & Madden 2108 Market Street 212 North Third Street Aztec Building Harrisburg, PA 17108-1998 Camp Hill, PA 17011 NOTICE IS HEREBY GIVEN that the undersigned Arbitrators appointed by the Court in LAW OFFICES SNELBAKER. BRENNEMAN & SPARE the above-captioned matter will meet for the purpose of their appointment on Thursday, September 14, 2000 beginning at 1:00 o'clock P.M. in the offices of Saidis, Shuff, Flower & Lindsay, 26 West High Street, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. Date: September 11, 2000 UAh"4v_,-? - Keith 0. Brenneman, Esquire, Chairman Susan Kay Candiello, Esquire Thomas Flower, Esquire CC: Court Administrator, Cumberland County CAMP HILL BANNER COMMITTEE, by Barbara A. Poole, Trustee Ad Litem, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW GRAPHIC TECH, INC. and VINCENT R. WILLIAMS, t/d/b/a NO. 99-4265 Graphic Tech Signs and Screen Printing, Defendants NOTICE OF HEARING LAW OFFICES SNELBAKER. 13RENNEMAN IN SPARE TO: Elizabeth S. Beckley, Esquire Patrick F. Lauer, Esquire Beckley & Madden 2108 Market Street 212 North Third Street Aztec Building Harrisburg, PA 17108-1998 Camp Hill, PA 17011 NOTICE IS HEREBY GIVEN that the undersigned Arbitrators appointed by the Court in the above-captioned matter will meet for the purpose of their appointment on Thursday, September 14, 2000 beginning at 1:00 o'clock P.M. in the offices of Flower, Flower & Lindsay, 11 E. High Street, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. Date: July 27, 2000 1 Z4 IXW44,t?, Keith 0. Brenneman, Esquire, Chairman Susan Kay Candiello, Esquire Thomas Flower, Esquire CC: Court Administrator, Cumberland County Camp Hill Banner Committee, IN THE SUPERIOR COURT By Barbara A. Poole, Trustee Ad Litem OF PENNSYLVANIA (C.P. Cumberland County V. No. 99-4265 Civil Term) No. 1993 MDA 2001 Graphic Tech, inc., ct al. Filed: February 14 . 2002 ORDER This appeal has been taken from the nonjury verdict entered November 15, 2001. Pa.R.C.P. 227.1(c)(2) provides: "Post-Trial motions shall be filed within ten days after notice of nonsuit or the filing of the decision or adjudication in the case of a trial without jury or equity trial." Pa.R.A.P. 302(a) provides: "Issues not raised in the lower court are waived and cannot be raised for the first time on appeal." See also Lane Enterprises, Inc. v. L.B. Foster Co., 710 A.2d 54 (Pa. 1998)(issues not raised in a post- trial motion are waived for appeal purposes); Krystal Dev. Corp. v. Rose, 704 A.2d 1102 (Pa. Super. 1997)(appellant failed to preserve issues for appellate review by directly appealing verdict in nonjury trial without filing post-trial motions). Accordingly, the appeal at No. 1993 MDA 2001 is hereby DISMISSED. Per Curiam IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: CAMP HILL BANt M Cowiw E, by Barbara A. Poole Plaintiff VS. GRAPHIC TECH, INC., and VINCENT R. WILIaAMS, t/d/b/a Graphic Tech Signs and Screen Printing Defendants VS. PNC BANK Garnishee TO THE PROTHONOTARY OF THE SAID COURT: ) Confessed Judgment ( g ) Other File No. - 1?9- Amount Due _S 1,260.00 Interest S 375.52 Atty's Comm Costs $ 271.12 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Oynherland County, for debt, interest and costs, upon the following described property of the defendant(s) All personal property of Defendant Vincent R. Williams located in the premises at 2157 bbrkei- re _ amo Hi l I. PA All pgr gD 1 Property of Defendant Graphic Tech Inc., located in the premises at 6th and Water Streets, New Cumberland, PA Any and all accounts of Defendants with PNC Bank. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Any and al l accounts of Defendants Graphic Tech Inc and/or Vincent R Williams t/d/b/a Graphic Tech Signs and Screen Printing with PNC Bank. and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s) (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date June , 2n09 Signature: Print Name: Thanas S. Beckley Address: 212 N_ 312d St.; P.O. Box 11998 Harrisburg, PA 17108-1998 Attorney for: Plaintiff Telephone: (717) 233-.7691 Supreme Court ID No.: 77040 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. C C 7V C? o p Gj -Z V `yl V 11.1 '? ( fj? \ `l ??l Y =l ?? r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 994265 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAMP HILL BANNER COMMITTEE, BY BARBARA A. POOLE, Plaintiff (s) From GRAPHIC TECH, INC., 6TH AND WATER STREETS, NEW CUMBERLAND, PA AND VINCENT R. WILLIAMS, T/D/B/A GRAPHIC TECH SIGNS AND SCREEN PRINTING, 2157 MARKET STREET, CAMP HILL, PA (I) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF DEFENDANT VINCENT R. WILLIAMS LOCATED IN THE PREMISES AT 2157 MARKET STREET, CAMP HILL, PA. ALL PERSONAL PROPERTY OF DEFENDANT GRAPHIC TECH, INC., LOCATED IN THE PREMISES AT 6TH AND WATER STREETS, NEW CUMBERLAND, PA.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ANY AND ALL ACCOUNTS OF DEFENDANTS, GRAPHIC TECH, INC., AND/OR VINCENT R. WILLIAMS, T/D/B/A GRAPHIC TECH SIGNS AND SCREEN PRINTING, WITH PNC BANK, 331 BRIDGE STREET, NEW CUMBERLAND, PA 17070 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,960.00 L.L. $.50 Interest $375.52 Any's Comm % Due Prothy $1.00 Arty Paid $407.50 Other Costs $271.12 Plaintiff Paid Date: JUNE 17, 2002 CURTIS R. LONG Prothonota C (Seal) am,,, Deputy REQUESTING PARTY: Name THOMAS S. BECKLEY, ESQUIRE Address: 212 N. 3RD ST. P O BOX 11998 HARRISBURG, PA 17108-1998 Attorney for: PLAIMIFF Telephone: 717-233-7691 Supreme Court ID No. 77040 CAMP HILL BANNER COMMITTEE, IN THE COURT OF COMMON PLEAS by Barbara A. Poole, OF CUMBERLAND COUNTY Plaintiff PENNSYLVANIA V. CIVIL ACTION - LAW GRAPHIC TECH, INC, and VINCENT NO. 99- Yates' R. WILLIAMS,t/d/b/a Graphic Tech Signs and Screen Printing, Defendants V. PNC BANK, Garnishee PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the judgment in the above-captioned action as satisfied. Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Attorney for Plaintiff, Camp Hill Banner Committee, by Barbara A. Poole 1, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 171011 DATED: June 28, 2002 Thomas S. Beckley Z) CAMP HILL BANNER COMMITTEE, by Barbara A. Poole, Plaintiff V. GRAPHIC TECH, INC, and VINCENT R. WILLIAMS,t/d/b/a Graphic Tech Signs and Screen Printing, Defendants V. PNC BANK, Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION -LAW NO. 9942-65 99- 42(o5 PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the judgment in the above-captioned action as satisfied. Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Attorney for Plaintiff, Camp Hill Banner Committee, by Barbara A. Poole I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 171011 DATED: June 28, 2002 Thomas S. Beckley ;?.a r ',, ;?,::. ='? ?-, _. , - - ? ? i -? _) U SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire Identitlcation No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee CAMP HILL BANNER COMMITTEE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. GRAPHIC TECH, INC. AND VINCENT R. WILLIAMS, T/DB/A GRAPHIC TECH SIGNS AND SCREEN PRINTING and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE TO THE PROTHONOTARY: NO. 994265 Kindly enter my appearance on behalf of PNC Bank, National Association, Garnishee, in the above-captioned matter. Q lr./2 JON . SIRLIN Attorney for Garnishee Date: 1- -'? C) ? [ ? . ;, ..... ?.1 _:1 ??j l..-? li. (y _] U ra i,J J 1- (LD lu" (gp' R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee $ 18.00 39.20 .50 1.00 11.73 50.00 20.00 9.00 Pd by Defendant Sworn and Subscribed to before me this /,.,. day of 2002 A.D. pro h otary ? All; i•'i a So Answer • 'c ti R. Thorpas Kline, Sheriff L;u y ?''v Ch-- 3?1'?Y ?2G Fj? l!L cc? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 994265 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAMP HILL BANNER COMMITTEE, BY BARBARA A. POOLE, Plaintiff (s) From GRAPHIC TECH, INC., 6TH AND WATER STREET'S, NEW CUMBERLAND, PA AND VINCENT R. WILLIAMS, T/D/B/A GRAPHIC TECH SIGNS AND SCREEN PRINTING, 2157 MARKET STREET, CAMP HILL, PA (1) You are directed to levy upon rile property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF DEFENDANT VINCENT R. WILLIAMS LOCATED IN THE PREMISES AT 2157 MARKET STREET, CAMP HILL, PA. ALL PERSONAL PROPERTY OF DEFENDANT GRAPHIC TECH, INC., LOCATED IN THE PREMISES AT 6TH AND WATER STREETS, NEW CUMBERLAND, PA.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ANY AND ALL ACCOUNTS OF DEFENDANTS, GRAPHIC TECH, INC., AND/OR VINCENT R. WILLIAMS, T/DB/A GRAPHIC TECH SIGNS AND SCREEN PRINTING, WITH PNC BANK, 331 BRIDGE STREET, NEW CUMBERLAND, PA 17070 GARNISHEE(S) as follows: and to notify the gamishec(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,960.00 Interest $375.52 Any's Comm % Any Paid $407.50 Plaintiff Paid Date: JUNE 17, 2002 L.L. $.50 Due Prothy $1.00 Other Costs $271.12 CURTIS R. LONG (Seal) REQUESTING PARTY: Name THOMAS S. BECKLEY, ESQUIRE Address: 212 N. 3RD ST. P O BOX 11998 Prothonotary Deputy HARRISBURG, PA 17108-1998 Attorney for: PLAINTIFF Telephone: 717-233-7691 Supreme Court ID No. 77040 DISTRIBUTION ATTORNEY Thomas Beckley WRIT NO. 1999-4265 Civil Camp Hill Banner Committee, by Barbara Poole vs Graphic Tech, Inc. Real Debt $ 1960.00 Interest 375.52 Attorney's Comm. Writ Costs, Atty 407.50 Writ Costs, Pltff. Miscellaneous Attorneys Fees 271.12 $ 3014.14 Sheriff's Costs: Docketing $ 18.00 Poundage 39.20 Posting Sale Bills Law Library .50 Prothonotary 1.00 Service 11.73 Misc. Bad Check Charge Advertising Postpone Sale Surcharge 50.00 Garnishee 9.00 Levy 20.00 $ 149.43 Defendant Pd to Sheriff $ 3163.57 Advance Costs 150.00 Total Collected $ 3313.57 DISTRIBUTION Pd. To Pltff. $ 3014.14 Refund of Adv. Costs 150.00 Pd. To Prothonotary 1.50 So Answers: R. Thomas Kline, Sheriff B D ,I?YIrt.??orx?o?