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HomeMy WebLinkAbout07-2542COMMONWEALTH OF PENNSYLVANIA COURT OF COM ON LEAS ee la Al JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q j L 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. 49 WNA' OF APPELLANT --[WAG. DIET. NO. OR NAME OP D.J. xo? a-'e .3 -405 ADDRESS OF APPELLANT CITY STATE ZIP CODE f 'S q 7 ©!/? u?a s ur^ /J? /!o to ?f DATE OF JUDGMENT IN THE CASE OF (PI- oftl /? (Defendant! ??' '4??°?Qr?! '(Nc? G?SSrlc?a?cs VS. CLAIM NO. SIGNATURE? APPELLANT OR NIr ATTORNEY OR AGENT o?' a©DC7t? 7? Cv 19 LT 19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was Claimant (see Pa. R, C. P. J. P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) I 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 be 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 Enter rule upon 6 Cef t/-d?t Q?rcrr! $13G!(?' S appellee(s), to file a complaint in this appeal r me of appellee(s) (Common Pleas No. ?J q;, 0, 1 a ) within twenty (20) days of ervice of rule or suffer entry of judgment of non pros. RULE Signature of appellant or his attorney or agent : To??G?laI'd., dey appellee(s) Name of appellee(s) (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: '-K-Q607 AOPC 312-90 Signature of Prothonotary or Deputy COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RUIJ N4 TO FILE COMPLAcable NT boxes) (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served ? Appeal, Common Pleas No. -, upon the District Justice designated therein on a copy the Notice of 19 ? by personal service F] by (certified) (registered) mail, sender's , on (date of service) receipt attached hereto, and upon the appellee, (name) 19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to ? 19 , F] by, personal service ? by (certified) (registered) whom the Rule was addressed on mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME TH IS-_-- DAY OF Ss Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires ,19 N Y ` A? .. Y rQ N . -TI y. ?y air ? ..AJ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CWMERLAHD May. Dist. No.: 09-3-05 MDJ Name: Hon. MARX MARTIN Address: 507 N YOBS ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 ARTHUR S. Comm PO BOX 597 COHEN, AXINN & COHEN HOLLIDAYSBURG, PA 16648 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: rCOCCIARDI AHD ASSOCNAME Wd IATESaess 4 ZACEY COURT MECHANICSBURG, PA 17055-5596 L J DEFENDANT: VS. NAME and ADDRESS 17055 rCOHEN, ARTHUR S PO BOX 597 COHEN, AXINN COHEN LHOLLIDAYSBURG, PA 16648 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF 7 J Docket No.: CV-0000078-07 Date Filed: 3/05/07 (Date of Judgment) 4/10/07 Judgment was entered for: (Name) COCCIARDI AND ASSOCIATES ® Judgment was entered against: (Name) COMM, ARTHUR S in the amount of $ 8,167.5 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 8,000.00 Judgment Costs $ 1 7.50 Interest on Judgment $ Attorney Fees $ . 00 Total $ 8,167.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. IC7 Date Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 AOPC 315-06 , Magisterial District Judge SEAL DATE PRINTED: 4/10/07 12:07:00 PM C ' -r2 M ?J PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEAL OF PENNSYLVANIA COUNTY OF C.G,t,C ?E r/a n/oL AFFIDAVIT: I hereby swear or affirm that I served ; ss [?/a copy of the N? i e of P?ppeal, Com?ymo,.n? Pleas No!!Z7- - ; upon the Di rict Justice designated therein on (date of service) %% by personal service by (cerut Justice ) (registered) mail, sender's 47 r ei t attached hereto??}ya??n on the appellee, (name) `-sec«°?' on '? by personal service by (certified) (registered) mail, sender's receipt attached hereto. ?nd further that I served the Rule_W_File a Complaint accompanying the above Notice of `Appeal upon the appellee(s) to whom the Rule was addressed on jj77// -m ?, E] by personal service kby (certified) (registered) mail. sender's receipt attached hereto. SWORN (AFFIRMED) AND BSCRIBED BEFORE ME tol& DAY OF rgZ,-Vv T Signature of official before whom affidavit was made F PENNfY4VA Title of offici NOTARIAL SEAL STINE, Notary PubNc My commiss n eXPL EEN ftty -, 19 ANegheny Twp's NMmW 17, 2010 Comwr Expire Ga?!G1? Signature of affiant COMMONWEALTH OF PENNSYLVANIA COURT OF COM,A40Nr_PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT -77 COMMON PLEAS No. Q / 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. W... OF APPELLANT - -- ` MAG. DIST. NO. OR NAME OF D.J. T .e 'o?C IV Q9- -3 " A O D E S/SO, F APPELLANT (?]{/^J? (/ /V V'X ?I ? {r/?r/.?/! pIQ ?.??? CITY 4 STATE ZIM?.ODE 1171 S-" DATE OF JUDGMENT P1 H Z CASE OP(PlanrilJl 07 , 7/e DG't'/QrC?/ Gfn'? 62suc/cr S s. (124XeIV / 4,e 7), ar ..5' CLAIM NO. SIG T RE OF APPELLANT OR NIS ATTORNEY OR AGENT CV 19 o7 - 06,000 a.._ LT19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y 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 Enter rule upon CVC? /GirG+l/ GLs{? 4 . S'SDG/Q-Ae ,S appellee(s), to file a complaint in this appeal ame of appellees) (Common Pleas No. C??1 S "I 1 U i ) within twenty (20) days o0,7' c e of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To l-`???7?r`? appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within tvve_ntyr(20)I;:days, pr 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 SE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. f Date: 2--, D?s,7QC1 Ine Signature of Prothonotary or Deputy ,,y Y In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. : Plaintiff, No. 07-2542 VS. ARTHUR S. COHEN, CIVIL TERM and COHEN, AXINN & COHEN Defendants, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AVISO Usted ha sido demandadola en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los prdximos veinte (20) dias despues de la notificacidn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacidn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. IF YOU DO NOT HAVE A LAWYER CONTACT: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-2542 VS. . ARTHUR S. COHEN, CIVIL TERM and COHEN, AXINN & COHEN Defendants, COMPLAINT AND NOW, comes the Plaintiff, COCCIARDI AND ASSOCIATES, INC., by and through its attorneys, Saidis, Flower & Lindsay and respectfully represents as follows: 1. Plaintiff, COCCIARDI AND ASSOCIATES, INC. is a Pennsylvania corporation with its offices located at 4 Kacey Court, Mechanicsburg, PA 17055-5596. 2. Defendant Cohen, Axinn, Cohen is a Pennsylvania law firm with a principal place of business of P.O. Box 597, Hollidaysburg, PA 16648. 3. Defendant Arthur S. Cohen, Esquire is an attorney licensed to practice in the Commonwealth of Pennsylvania with a principal business address of P.O. Box 597, Hollidaysburg, PA 16648. 4. On or about March 29, 2005 the Plaintiff and Defendants entered into a written Contract concerning Plaintiff's professional services a copy of which is attached hereto and incorporated herein as Exhibit "A". 5. The Contract provides that the Plaintiff would bill at the rate of $225.00 per hour for professional services. 6. The Defendants accepted the terms of the Contract. 7. The Plaintiff provided professional services to the Defendants between March 29, 2005 and October 3, 2005, as noted by the invoices dated August 29, 2005, and October 3, 2005, copies of which are attached hereto and incorporated herein as Exhibit "B". 8. The Defendants acknowledged the terms of the Contract by making payment on at least two prior invoices for services rendered by the Plaintiff. 9. Despite repeated demands, the Defendants have breached the Contract by failing to pay for the services provided by Plaintiff. 10. As of October 3, 2005, there was a principal balance due in the amount of $9,015.00. 11. The Contract provides that interest will accrue at the rate of 1 '/2% per month after the first 30 days. See Contract at paragraph 8. 12. As of April 30, 2007, interest in the amount of $3,235.30 is due on the outstanding principal balance. 13. Interest continues to accrue on the outstanding principal balance. 14. The Contract further provides that the Defendant would be liable for attorney's fees and costs associated with any collection related to the services provided. See Contract at paragraph 8. 15. The amount in controversy is within the Cumberland County arbitration limits. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $9, 015.00 plus interest, costs and attorney's fees. Respectfully submitted, SAIDIS, FLOWTR & LINDSAY By. ?--? Date bj&E. R a Attorney 1.60440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 03/29/2005 14:57 814-695-9509 COHEN AXINN PAGE 01 03/27/2005 16:24 7177663999 OOCCIARDI AND ASSOC PAGE 02/03 COCCIARDT and A550CiGlteS, Inc. safety • ' Health i Environmental Consulting and Training CONTRACT CURRENT ST ARD RII.LIhiC RATES?PER 2NNEL1 (.Revised 311WOS) Principal $225fhour, Senior Safety, Health a Environmex;rtal Professional $125/hour Safety, Health & Environmental ltfessional $Imhaur Safety, Health &. Envin=etntal Specialist ' S 65/hour Safety, Health & Envirotxme-atal Technologist $ 65/hour Safety, Health & Environmental Twhnician $ 501hour Clerical $ 35/hour NOTES • Rates cpver time up to a 10 hour day. 14pnr8 betwocn 10 and 16 hours per day and emerg=y response work will be dzrged at 1.5x. • . Days in excess of 5 per week will be changed at 1.5x. * Twining fees are charged per Cocciardi and Associates, Inc., standard flee schedule (training). • Equipment fees: Minor Emilpment, $ 50/day Maier EQUiflment; $100/day $200/week $400lweek + Per Diem; $125/day/person (overnight status only) + Mileage: .405/mile • Cvcr'due Accounts: 1.59b Per Month Due After 30 Days This is a leery bjuding contract, If yaq agree with these terms rattd cSonditions, and wish to schedule these serVk s, please sign blow. This rate Shee#, the tern a and conditions all the baA of tws sheet send fhQ- I?t-oposal, if any, Shall constitute a binding contract between the pat•bles_ CJEC 0? lalr? t?Z?A Aocepting____, Company Name Darer For Invoicing, 5apply P.O. # CoCCiardi and AsSocia# , hzc. >? . 19-505 Josep A. CocexdL P=. 1d=t 4 ? `Fy, $ (j l ,lam.rt- Signat m Federal EIN a f -I r1 a S Up WE NOW ACCEPT VLSA., MMT.ERCARD, DISCOVER, AMVMRICA,N EXPRRSS AND DINERS CLUB 2TERNAT'1ONAL. 4 Kaccy Cot,rt . Me6anksburg, PA 170555596 . (717) 766-4500 • FAX (717) 766-3999 1300 Old Planlq Road . Mgyfield, PA 18433 . (570) 282-7055 . FAX (570) 282-1059 Page 1 of 2 Cocciardi and Associates, Inc. (CAI) Terms and Conditions 1. Proposals Proposals are open for thirty (30) days, unless withdrawn within that time. If work begins upon Client's request prior to execution of an agreement or engagement letter, these terms will govern the terms of the engagement. When an agreement or engagement letter is executed, these terms will supplement the agreement. If there is a conflict between these terms and conditions and the terms of any such agreement or engagement letter, the terms of the agreement or engagement letter will prevail. These terms and conditions will apply to the agreement between CAI and Client, unless otherwise expressly agreed notwithstanding contrary terms or conditions contained in any purchase order or other document which Client uses to accept CAI's proposal. 2. Estimates Any estimate of costs and expenses relating to the project of which the work is a part or of CAI work itself, other than in fixed fee arrangements, are estimates only. CAI cannot assure that actual construction or other costs will not vary from any proposal or project budget. Client should anticipate that some changes and adjustments to the project may be required. 3. Professional Services Hourly Project: Billings are based on the hours worked, including travel time. Where an estimated total has been given, unless specifically noted, it is not a guaranteed figure but is provided solely to assist in project planning. 4. Additional Services Services beyond those agreed to, including among others, revisions due to adjustments in the project scope, quality, or budget are considered Additional Services and will be billed at hourly rates. 5. Overtime: Overtime services as set forth will be provided only upon authorization at 1.5 times the hourly rate. 6. Reimbursable Expenses In addition to payment of fees, Client must reimburse CAI for its out-of-pocket expenses incurred in performing the work, such as, but not limited to, prints, reproducible, photocopies, travel related expenses, mileage, deliveries, long distance communications, fax transmissions, photography, outside consultants, approval and permit fees, and any supplemental insurance requested. Reimbursable expenses will be billed at CAI's standard rate plus 20 percent. Reimbursement will be provided at cost for any sales tax, which may be assessed in the course of providing professional services. 7. Client's Responsibility In addition to other agreed upon obligations, the Client shall disclose any physical, chemical or biological hazards at its location or locations and Hazardous Substances as required by the Occupational Safety and Health Administration Hazardous Communication Standard to CAI, prior to the inspection. The Client shall also disclose to CAI all hazards, conditions and other facts which are known or should be known to the Client which may effect CAI's work or the content of CAI's report. The Client agrees to hold harmless and indemnify CAI with respect to any liability concerning which the Client fails to make disclosure as required. The Client shall also timely provide access to legal, accounting and insurance advice as CAI may require, timely review of proposals, schedules, plans and specifications prepared by CAI and cooperate with CAI so that CAI may complete its work in a timely fashion. 8. Invoices Unless otherwise agreed, Clients will be invoiced monthly for services performed during the previous month. Payment is due on receipt Interest will be added after 30 days at the rate of 1.5% per month. CAI may suspend or terminate its work upon ten days notice if any invoice is not paid when due. Client will reimburse CAI its actual attorney's fees and litigation costs incurred in pursuing collection of any amount due from Client 9. Report CAI will render a Report. The Report will be in CAI's usual form and include the appropriate Pennsylvania Department of Environmental Protection closure form, if applicable. The Client may request reasonable explanations or clarifications of die Report; however, CAI will not be obligated to provide any written Report, except as the parties expressly agreed. CAI makes no representation or warranty as to the safety, insurability, lawfulness, or advisability of mhy facilities, equipment, processes or other subject of the Report, except as may be expressly provided in the Report. 10. Independent Contractor CAI is an independent contractor, not an employee of the Client. CAI maintains Worker's Compensation, and general liability insurance. Copies of insurance certificates are available upon request 11. Confidential Information All information, records, documents and data of the Client shall be maintained in strictest confidence by CAI and any information obtained by CAI in the course of performing its services, shall be held in strictest confidence under the provisions of the law. 12. Information, Databases and Reports it is understood that all training materials, procedure systems, software programs and other materials provided by CAI shall remain the sole property of CAI. Database information or reports which have been generated by CAI's performance of services under contract with Client, shall become the property of Client. However, CAI shall be permitted to retain a copy of any and all information. 13. Force Majeure in the event that CAI is prevented from performing its obligations by acts of God, natural disaster, war, terrorists attacks, labor disputes, illness, death, incapacity, governmental action, including governmental action to require CAI's services in any capacity on an emergency basis, or similar cause, CAI will be relieved of any further obligation under this Contract until such time as CAI may reasonably resume performance. Client will be relieved of the obligation to make further payments to CAI, except reimbursement of expenses, until performance is resumed, but will not be entitled to refund of any amounts already paid to CAI. 14. Labor Dispute In the event that a labor dispute interferes with CAI's ability or willingness to perform its obligations under this Contract, at CAI's option such obligations will be null and void; provided, that Client will not be obligated to make any further payments, except reimbursement of expenses to CAI. 15. Dispute Resolution All claims, disputes and other matters in question arising out of, or relating to, this Agreement shall be referred to statutory arbitration under the Pennsylvania Uniform Arbitration Act, 42 Pa. C.S. Sections 7301 et seq. (the "Uniform Arbitration Act'). Such arbitration shall be by a panel of three arbitrators, with the Client and CAI each to choose an arbitrator, and together the first two arbitrators shall choose a third arbitrator. Costsfor the arbitration shall be shared equally by the parties. The arbitration shall take place in Cumberland County, Pennsylvania. Arbitration shall occur within sixty (60) days from the date the written request for appointment of arbitrators is made by either party unless an extension is mutually agreed upon by the parties. This Agreement to arbitrate shall be specifically enforceable under the prevailing Arbitration Law. The award rendered by the arbitrators shall have the effect provided in the Uniform Arbitration Act. 16. Limitation of Liability, Indemnification Unless expressly agreed to the contrary, damages incurred by Client, or with respect to which Client is threatened as a result of any action or failure to act arising out of CAI's work (whether as a breach of contract or the negligence of CAI) shall in no event exceed the greater of $50,000 or the total amount of CAI's fees paid by Client in connection with the work, whichever is less. Client shall indemnify, defend, and hold CAI harmless from and against any and all cost, damage, losses, liability and actions to which CAI may be subject, or with which it may be threatened as a result of anything, Client or its representatives, contractors, subcontractors, employees or agents do, or fail to do, in connection with the project of which the work is a part or as a result of any failure by Client to perform any of its obligations under this agreement. 17. Non-solicitation of CAI's Employees The Client agrees that at no time, during the term of this Contract or for a period of one (1) year immediately following the termination of this Contract, will it (i) call upon any employee of CAI for the purpose of employing, hiring or otherwise interfering with the contractual relations of such employee without the prior written approval of CAI, which approval may be withheld, delayed or conditioned at the sole discretion of CAI; or (ii) directly or indirectly for itself or on behalf of or in connection with any other person, firm, partnership, corporation or association solicit, hire, employ as all employee or independent contractor any such employee of CAI. In lire event of a breach by Client of the covenant set forth in this Section, then CAI shall, in addition to any other remedy it may have under this Contract, at law or in equity, have the right to apply to a court of competent jurisdiction for an injunction to restrain Client from employing such employee and/or an order enforcing the terms of the covenant so breached, and Client shall be liable to CAI for all actual attorney's fees, costs and expenses incurred by CAI in enforcing the provisions of said covenant. 18. Binding Agreement This Contract is binding upon the parties, their heirsi successors or assigns. (7/12/02) Page 2 of 2 Cocciardi and Associates, Inc. Safety-Health-Environmental Education and Consulting 4 Kacey Court Mechanicsburg, PA 17055 (717) 766-4500 Fax (717) 766-3999 TO: Arthur S, Cohen, Esq. Cohen, Axinn & Cohen 1904 N. Juniata Street P,O. Box 597 Hollidaysburg, PA 16648-1908 EN?VOICE JOB NO: 05-7092 DATE: August 29, 2005 P.O. # CUSTOMER'* ' 0378 DATE DESCRIPTION UNIT PRICE AMOUNT Bruce Christopher Matter: Services provided April 30, 2005 through August 30, 2005. Joseph A. Cocciardi. PhD. MS. CSP. CIH, REHS. RS: 8/2/05- Report finalization, recalls to Christopher, calculations of 8/6/05 hazard quotient and exposure potential (16 hrs. @ $225.00/hr.): $3,600.00 8/9/05 Final report, publication and processing (8 hrs. @ $225.00/hr.): $1,800.00 Carolynn Kunkel (Clerical): 8/3/05 (3 hrs. @ $35.00/hr,): $105.00 8/8/05 (3 hrs. @ $35,00/hr,): $105.00 8/9/05 (2 hrs. @ $35.00/hr.): $70.00 Crystal Staub (Clerical): 8/9/05 (1 hr. @ $35.00/hr.): $35.00 Outstanding Previous Invoice: $600.00 COCCIARDI AND ASSOCIATES, INC, IS A QUALIFIED SMALL BUSINESS CONCERN AS DEFINED IN 4 PA CODE 2.32. FEDERAL I.D. # 25-1684902 SUBTOTAL SALES TAX SHIPPING & HANDLING TOTAL DUE $6,315:00: For your convenience we now accept Visa, MasterCard, Discover, American Express and Diners Club International. 1,590 Fin. Chrg added after 30 days.. Please reference Job # on your payment. Make all checks payable to: Cocciardi and Associates, Inc. TSgNHYOU P'ORYOUR BUBZNE9SLI&I page 1 of 2 Cocciardi and Associates, Inc. Safety-Health-Environmental Education and Consulting 4 Kacey Court Mechanicsburg, PA 17055 (717) 766-4500 Fax (717) 766-3999 TO: Mr, Arthur S, Cohen, Esq, Cohen, Axinn and Cohen 1904 N. Juniata Street P.0, Box 597 Hollidaysburg,-PA 16648-1908 INVOICE JOB NO: 05-7092 DATE: October 3, 2005 P.O: # CUSTOMER # 0378 DATE DESCRIPTION UNIT PRICE AMOUNT The Bruce Christopher matter: Preparation for and presentation of deposition relative to the Bruce Christopher matter. Joseph A. Cocciardi, PhD, MS, CSP, CIH, REHS, RS: 9/28/05- Preparation of materials/review of forwarded Information 9/30/05 and depositions (8 hrs. @ $225.00/hr.): $1,800.00 10/3/05 Deposition (4 hrs: @ $225.00/hr.): $900.00 COCCIARDI AND ASSOCIATES, INC, IS A QUALIFIED SMALL BUSINESS CONCERN AS DEFINED IN 4 PA CODE 2,32. FEDERAL 1. D. #25-1684902 SUBTOTAL SALES TAX SHIPPING & HANDLING TOTAL DUE " ' $2;700:00 Por your convenience we now accept Visa, MasterCard, Discover, American Express and Diners Club International 1.5% Fin. Chrg added after 30 days. Please reference Job # on your payment, Make all checks payable to: Cocciardi and Associates, Inc, W3BEAM1WHY0U FOR YOUR $UlSINEf313: Page 2 of 2 787 P05 MAY 18 '07 12:08 717-737-3407 SAIDIS SHUFF FLOWER VERTFICATION I, Joseph Cocciardi hereby verify that the statements made in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: May 1 0 , 2007 .QW4 1 & Associates, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-2542 VS. ARTHUR S. COHEN, CIVIL TERM and COHEN, AXINN & COHEN Defendants, CERTIFICATE OF SERVICE AND NOW, May a, 2007, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT upon the following counsels of record by depositing, or causing to be deposited, via first class mail, postage prepaid, and by facsimile, at Camp Hill, Pennsylvania, addressed as follows: Arthur S. Cohen Cohen, Axinn & Cohen P.O. Box 597 Hollidaysburg, PA 16648 re----, lit? Cocciardi and Associates, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s), VS. No. 07-2542 Arthur S. Cohen, and Cohen, Axinn & Cohen Defendant(s). : CIVIL TERM ANSWER TO COMPLAINT NOW COME, the Defendants, Arthur Cohen, Esquire, and Cohen, Axinn and Cohen and files this Answer and in support thereof avers the following: 1. The allegations contained in paragraph 1 is admitted. 2. The allegations contained in paragraph 2 is specifically denied. Cohen, Axinn, and Cohen was a Pennsylvania Law firm with a place of business formerly at 1904 N. Juniata St. Hollidaysburg, PA until August 2005 and 1149 Municipal Drive Duncansville, PA 16635 until April 16, 2007. After April 16, 2007, Cohen, Axinn and Cohen no longer exists as a partnership. 3. The allegations contained in paragraph 3 is admitted. 4. The allegations in paragraph 4 are denied in part and admitted in part. It is admitted that defendant Arthur S. Cohen signed said contract. However, defendants Cohen, Axinn & Cohen did not enter into a contract for services. 5. The allegations contained in paragraph 5 are admitted. 6. The allegations in paragraph 6 are denied in part and admitted in part. It is admitted that defendant Arthur S. Cohen signed said contract. However, defendants Cohen, Axinn & Cohen did not enter into a contract for services. 7. The allegations contained in paragraph 7 are neither admitted nor denied. Specific proof of such allegations are demanded at time of trial. 8. The allegations of paragraph 8 are specifically denied. Payments made by the Plaintiff represented payments for only those services in which the Plaintiff bargained for an not for anything else. Specific proof of such allegations are demanded at time of trial. 9. The allegations contained in paragraph 9 are a conclusions of law for which no answer is required. By way of further answer, it is denied that the contract was breached, as no money is due to the plaintiff. 5. The allegations contained in paragraph 10 are specifically denied. The county's practices of the plaintiff did not represent a balance due but rather an over billing for which the defendants are not liable. The time far exceeded the time reasonably required to complete the assignment. Strict proof is demanded at time of trial. 6. The allegations contained in paragraph 11 are admitted. 7. The allegations contained in paragraphs 12 and 13 are denied. No balance is due, and no interest can accrued on any balance which is legitimately in dispute. Strict proof is demanded at time of trial. 8. The allegations contained in paragraphs 14 and 15 are admitted. TO: Cocciardi and Associates, Inc. You are hereby notified to file a written response to the e sed New Matter within twenty (20) days from service hereof or a judgment may be e ered against y u. Arth . Cohen, A rnev for Defendants NEW MATTER 9. The contract provides, in Paragraph 15, that all claims and disputes shall be referred to Arbitration. Plaintiff did not make any demand or request for arbitration before commencing this suit, and has not done so to this date. WHEREFORE, it is respectfully requested that the Complaint be June 8, 2007 ?/z% 1??L Date hur S. Cohen, Esq. D. No. 18548 PO Box 597 Hollidaysburg, PA 16648 814-695-5518 Cocciardi and Associates, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s), VS. : No. 07-2542 Arthur S. Cohen, and Cohen, Axinn & Cohen Defendant(s). CIVIL TERM REQUEST FOR PRODUCTION OF DOCUMENTS TO: Cocciardi and Associates, Inc. Pursuant to Pa. R.C.P. No. 4009, as amended, the defendant requests you to produce at the offices of their Attorneys, P.O. Box 597, Hollidaysburg, Pa. 16648, the following documents, for inspection and copying, within thirty (30) days of service of this Request: DOCUMENTS REQUESTED 1. The defendants request that the plaintiff provide a detailed accounting for specific work done as authorized in the matter of Bruce Christopher on an hourly basis. 2. The defendant requests that the plaintiff provide all written documentation relative to work alleged completed by the plaintiff upon which plaintiff asserts a claim. 3. The defendants request all documents which plaintiff intends to use at trial. INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect the that document: a. State its date: b. Identify its author; c. Identify each person who prepared or participated in the preparation of the document; d. Identify each person who received it; e. Identify each person from whom the document was received; f. State the present location of the document and all copies thereof; g. Identify each person who has ever had possession, custody or control or control of it or a copy thereof; and h. Provide sufficient information concerning the document and the circumstance thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody, or control of the original) now in your possession, custody, or control, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf. Submitted, June 8, 2007 uK r S. Cohe , Esq. Date YNo.18548 PO Box 597 Hollidaysburg, PA 16648 814-695-5518 Cocciardi and Associates, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s), vs. No. 07-2542 Arthur S. Cohen, and Cohen, Axinn & Cohen Defendant(s). : CIVIL TERM VERIFICATION Arthur S. Cohen, hereby verifies that the statements made in the foregoing answer to the complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C. S. A. Section 4904 relating to unsworn falsifi tion to authorities. Date: June 8, 2007 ArtS. Cohen, Esquire Cocciardi and Associates, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s), vs. : No. 07-2542 Arthur S. Cohen, and Cohen, Axinn & Cohen Defendant(s). CIVIL TERM CERTIFICATE OF SERVICE I, Arthur S. Cohen, Esquire, hereby certify that a true and correct copy of the within answer to the complaint was served via first class mail, postage prepaid, addressed as follows: Saidis, Flower & Lindsay Dean E. Reynosa 2109 Market Street Camp Hill, PA 17011 Date: "?Z- &,/,- )d1hur S. Cohen, Esquire efendant rn e In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-2542 VS. ARTHUR S. COHEN, CIVIL TERM and COHEN, AXINN & COHEN Defendants, PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiff, Cocciardi and Associates, Inc., and hereby avers as follows: 9. [sic] Denied. The averments contained in this paragraph are legal conclusions to which no response is required. Moreover, the Contract is a written document that speaks for itself. To the extent that a response is required, Plaintiff made repeated demands for payment. By letter dated December 22, 2006, Plaintiff's counsel informed Defendants that due to their failure to respond to the repeated demands, the Plaintiff would initiate a suit in the Court of Common Pleas of Cumberland County. Until now, the Defendants at no time invoked arbitration. In any event, since the amount in controversy is less than $50,000.00, this matter will be referred to Compulsory Arbitration pursuant to the Cumberland County Local Rules of Court. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $9, 015.00 plus interest, costs and attorney's fees. Respectfully submitted, SAIDIS, FLOWER & LINDSAY 6-d 01 By: A?? - Date D anE. a osa Attorney I.D. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-2542 VS. ARTHUR S. COHEN, CIVIL TERM and COHEN, AXINN & COHEN Defendants, CERTIFICATE OF SERVICE AND NOW, June ?k , 2007, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Plaintiffs Reply to Defendant's New Matter upon the following counsels of record by depositing, or causing to be deposited, via first class mail, postage prepaid, and by facsimile, at Camp Hill, Pennsylvania, addressed as follows: Arthur S. Cohen Cohen, Axinn & Cohen P.O. Box 597 Hollidaysburg, PA 16648 rcan osa, Esquire • 4 VERIFICATION I, Joseph Cocciardi hereby verify that the statements made in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: June W. '2007 Joseph Cocciardi Coc iardi & Associates, Inc. ca C= ,L"'... 1j 4 -oFn Dog rO C ? ?rn co COCCIARDI AND ASSOCIATES, INC. Plaintiff, VS. ARTHUR S. COHEN, and COHEN, AIONN & COHEN Defendants, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 07-2542 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: Dean E. Reynosa, counsel for the Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $9,015 plus interest, costs and Attorney's Fees. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Dean E. Reynosa, Esquire, for the Plaintiff, and Arthur S. Cohen, Esquire, for the Defendant. WHEREFORE, your petitioner requests this Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectively submitted, SAIDIS, fj,OWER & LINDSAY Dated: 0\ -i'-31 ORDER OF COURT Esquire for Pl 'ntiff AND NOW, , 2007, in consideration of the foregoing petition, Esquire and , Esquire and , Esquire are appointed arbitrators in the above captioned action as prayed for. By the Court, J. th. C Q h f/} ? 8 m (,? 73 v C 9 t , COCCIARDI AND ASSOCIATES, INC. Plaintiff, VS. ARTHUR S. COHEN, and COHEN, AXINN & COHEN Defendants, : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNA. No. 07-2542 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: Dean E. Reynosa, counsel for the Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $9,015 plus interest, costs and Attorney's Fees. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Dean E. Reynosa, Esquire, for the Plaintiff, and Arthur S. Cohen, Esquire, for the Defendant. WHEREFORE, your petitioner requests this Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectively submitted, SAIDIS, FI,,OWER & LINDSAY Dated: D#n e a, Esquire Atto,nev for PI "ntiff ORDER OF COURT AND NOW, 13 , 2007, in consideration of the foregoing petition, Esquire and Esquire and , Esquire are ap ed ar itrators in the above captione action as prayed for. By e Court, .? G? J. - CL- - LL) cry ?? 6 ` N 4 ` t)eO .... ; D hen 6. P?' q p OL? L- Plain A k,.vn/ 4 e- /mr u Defendant Oath We do solemnly swear (or affum) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. .11 Signature Name (Chairman) Lsw Firm 64 S 470,- ?r Address In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 - 154 Civil Action - Law. / 6"1 Address signature ,4- Name ??/j.?,,,? ?f ??1 TAIL a l? c c Law Firm Address r4,e?5Ze .P-7 1 6thd, CA /74- ?iAz/islc A 17g'3 City, Zip City, Zip City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the followitig award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: 32e-a Date of Award: 3/ZCz4?9- - Notice of Entry of Award Now, the _ day of MOPM -020_02--,at B.'43 _L .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 36o. oo By: Prothonotary Deputy Name L d A- CCA ? Q ?4e4 ./_N/ Law Firm /? . Arbitrator, dissents. (Insert name if applicable.; api, ? D P..eynosA. ArOW' S' G°ti" , k -408108 Di6 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cocciardi and Assoc.,Inc. Plaintiff Vs Arthur Cohen-Cohen,Axinn & o en Defendant File No. 07-2542 Civil Term NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: &Cohen Notice is given that A,- r h„r r nh a nb e n7 A x i n n appeals from the award of the board of arbitrators entered in this case on March 28, 2008 A jury trial is demanded (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (2) application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) l Appellant or Attorney of Appellant Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. ;'" ? ! ? t? ??. ?.. .... PR_AFC,IPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. for trial without a jury. CAPTION OF CASE (enBre caption must be stated in jut) (check one) ? Civil Action - Law ® Appeal from arbitration Cocciardi and Associates, Inc., (other) (PlaintiM VS. The trial list will be called on and Arthur S. Cohen, and Cohen, Axinn & Cohen Trials commence on (Defendant) Pretrials will be held on vs. (Brtejs are due S days before pretrials No. 07- QSYQ Term Indicate the attorney who will try case for the party who files this praecipe: Dean E. Reynosa Indicate trial counsel for other parties if known: Arthur S. Cohen This case is ready for trial. Date: Idq 420 7 Signed: --/7 . Print Name: De nosa Attorney for: Plaintiff 1 4 4 p -W rc 1 v lbo ?- t7 rn "C' €aa COCCIARDI AND ASSOCIATES INC., Plaintiff vs. ARTHUR S. COHEN, and COHEN, AXINN & COHEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2542 CIVIL IN RE: NONJURY TRIAL ORDER AND NOW, this zd' day of November, 2008, a pretrial conference in the above- captioned matter is set for Tuesday, December 30, 2008, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 4AkI Kevo A. Hess, J. Dean E. Reynosa, Esquire For the Plaintiff /11 1 ?Ors Arthur S. Cohen, Esquire For the Defendants Court Administrator rlm i`?' .. ?1 .. ??., ... ?. i:i.. U=iIG rtiC., .. :.?, l ?. ? } 6 1 ? .. a? ?' COCCIARDI AND ASSOCIATES INC., Plaintiff vs. ARTHUR S. COHEN, and COHEN, AXINN & COHEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2542 CIVIL IN RE: PRETRIAL CONFERENCE Dean E. Reynosa, Esquire, attorney for the plaintiff, appeared for the pretrial conference of this case this date. Arthur Cohen, Esquire, attorney for the defendants, participated by telephone. Mr. Cohen was in agreement with the factual and legal issues as stated in the pretrial memorandum of the plaintiff as well as the plaintiff's list of witnesses. This case will be tried on Monday, March 16, 2009, beginning at 2:30 p.m. Counsel will exchange any and all trial exhibits not less than thirty (30) days prior to the time of trial. December 30, 2008 ZDean E. Reynosa, Esquire For the Plaintiff ? Arthur S. Cohen, Esquire For the Defendants Court Administrator rim a ,ES M ? t I !2/3 ? f G?8 1 lkr- t 'z vs. L Hess, J. Ica .? A?:`? L .s- ?, , .,,? 1 f•? ??..? -? COCCIARDI AND ASSOCIATES INC., Plaintiff VS. ARTHUR S. COHEN, and COHEN, AXINN & COHEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2542 CIVIL IN RE: NONJURY TRIAL AND NOW, this -19. day of March, 2009, at the request of counsel for the defendants, the nonjury trial in this case set for March 16, 2009, is continued to Wednesday, April 1, 2009, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, '1('414 Kevin X. Hess, J. o6ean E. Reynosa, Esquire For the Plaintiff u6hur S. Cohen, Esquire For the Defendants Court Administrator :rlm G4' ?Ji ?? its 31-1130 is ! " -c0,1U COCCIARDI AND ASSOCIATES IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 07-2542 CIVIL ARTHUR S. COHEN, and COHEN, AXINN & COHEN, Defendants IN RE: NONJURY TRIAL ORDER AND NOW, this Z-0' day of March, 2009, the nonjury trial in this case is set for Wednesday, April 1, 2009, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ,an E. Reynosa, Esquire For the Plaintiff rthur S. Cohen, Esquire For the Defendants \ Court Administrator v :rlm BY THE COURT, -"K, A, . Kevin . Hess, J. Q ? . Nf t Q_ LLI N LU C) CZD N COCCIARDI AND ASSOCIATES IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 07-2542 CIVIL ARTHUR S. COHEN, and COHEN, AXINN & COHEN, Defendants IN RE: NONJURY TRIAL ORDER AND NOW, this / x day of April, 2009, the court being satisfied that the interest rate set forth in the contract of the parties is valid and enforceable and that, given the procedural history of this case, the plaintiff incurred substantial attorneys fees and, it appearing that the outstanding principal balance is due and owing, we find in favor of the plaintiff, Cocciardi and Associates, Inc., and against the defendants, Arthur S. Cohen and Cohen, Axinn & Cohen, in the amount of $22,958.48. BY THE COURT, Kevin Al Hess, J. -I' Dean E. Reynosa, Esquire For the Plaintiff Xrthur S. Cohen, Esquire For the Defendants Court Administrator Ge ^) L%. , A) P, L :rlm 4pp "fs C?? COCCIARDI AND ASSOCIATES, INC., Plaintiff/Respondent VS. ARTHUR S. COHEN, and COHEN, AXINN & COHEN, Defendant/Petitioner :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYLVANIA :CIVIL ACTION-LAW :NO.07-2542 CIVIL MOTION TO RECONSIDER ORDER OF APRIL 1 2009 AS FOLLOWS; AND NOW, this 13Txday of April 2009, the above-named Defendant/Petitioner, Arthur S. Cohen, Esquire, moves the court for a reconsideration of the above captioned matter for the following reasons: 1. That the interest rate set forth in the contract of the parties is not valid and is unenforceable. 2. That the Plaintiff's attorney fees are exuberant for the amount of work done. Wherefore, the petitioner respectfully requests that the Court reconsider its decision of April 1, 2009. Date: '? /? ' / Re ect lly submitted, Ar hur S. Cohen, Esquire .D. #18548 Attorney for Plaintiff/Petitioner P.O. Box 597 Hollidaysburg, PA 16648 814-695-5518 v COCCIARDI AND ASSOCIATES, INC., Plaintiff/Respondent Vs. ARTHUR S. COHEN, and COHEN, AXINN & COHEN, Defendant/Petitioner :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYLVANIA :CIVIL ACTION-LAW :NO.07-2542 CIVIL VERIFICATION ARTHUR S. COHEN, ESQUIRE, hereby states that he is the attorney for the Defendants and is a named Defendant in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C. S. A. Section 4904 relating to unsworn falsification to authorities. S. COHE , E U RE COCCIARDI AND ASSOCIATES, INC., Plaintiff/Respondent :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYLVANIA Vs. :CIVIL ACTION-LAW :NO.07-2542 CIVIL ARTHUR S. COHEN, and COHEN, AXINN & COHEN, Defendant/Petitioner CERTIFICATE OF SERVICE I, Arthur S. Cohen, Esquire, hereby certify that on this day the Motion for Reconsideration of Order dated April 1, 2009 was served by United States Postal Service Regular Mail addressed as follows: Saidis, Flower & Lindsay Dean E. Reynosa, Esquire 2109 Market Street Camp Hill, PA 17011 Shawn B. Cohen, Esquire 1149 Municipal Drive Duncansville, PA 16635. David Axinn, Esquire P.O. Box 597 Hollidaysburg, PA 16648 Date: Y S. Cohen, Esquire y I.D. # 18548 P.O. Box 597 Hollidaysburg, PA 16648 814-695-5518 7ARY 2 0 9 9 APR 15 PM 3- %2 r ` In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-2542 VS. ARTHUR S. COHEN, CIVIL TERM and COHEN, AXINN & COHEN Defendants, Reply to Defendant Arthur S. Cohen's Motion to Reconsider Order of April 1. 2009 AND NOW, this day of April, 2009, comes the above named Plaintiff, Cocciardi and Associates, Inc., by and through its attorney and hereby represents as follows: 1. Denied. The averments in this paragraph are conclusions of law to which no response is required. To the extent a response is required, the parties entered into a binding contract providing for an award of interest. 2. Denied. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the Court appropriately noted the procedural history of this case which led to the attorney fees in question. Wherefore, Plaintiff respectfully requests that this Honorable Court deny Defendant Arthur S. Cohen's Motion to Reconsider and direct that the Prothonotary enter judgment against both Defendants as provided in its April 1, 2009, Order of Court. Respectfully submitted, SAIDIS, FjvOWER 411VDSAY 4By: Date Attorney I.D. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-2542 VS. ARTHUR S. COHEN, CIVIL TERM and COHEN, AXINN & COHEN Defendants, CERTIFICATE OF SERVICE AND NOW, April, 2009, 1, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Reply to Defendant Arthur S. Cohen's Motion to Reconsider Order of April 1, 2009 upon the following counsels of record by depositing, or causing to be deposited, via first class mail, postage prepaid, and by facsimile, at Camp Hill, Pennsylvania, addressed as follows: Arthur S. Cohen Cohen, Axinn & Cohen P.O. Box 597 Hollidaysburg, PA 16648 ,T ThE 2 0 q, R 23 F 1 3: 20 z ti In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-2542 VS. ARTHUR S. COHEN, CIVIL TERM and COHEN, AXINN & COHEN Defendants, Y AND AWARD AND NOW THIS 14, favor of the Plaintiff, Cocciardi day of ?2009, judgment is entered in Cohen and Cohen, Axinn & Cohenl on ttheoverdict entered April is 09 in he sum S. $ 22,958.48. of f Please assess damages on the judgment in this action as follows: Amount of Verdict $ 22,958.48 ? Interest from April 1, 2009 at 6% 634.03 Total Award $23,592.51 DAMAGES ASSESSED AS ABOVE: SAIDIS, FL ER & I BY: OTHO ean E. eynosa, Es PA Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 Ph (717) 737-3405 Y ' - In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-2542 VS. ARTHUR S. COHEN, CIVIL TERM and COHEN, AXINN & COHEN Defendants, , CERTIFICATE OF SERVICE AND NOW, September 2009, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Entry of Judgme4t upon Defendant Arthur S. Cohen by depositing, or causing to be deposited, via first class mail, postage prepaid, and by facsimile, at Camp Hill, Pennsylvania, addressed s follows: Arthur S. Cohen Cohen, Axinn & Cohen P.O. Box 597 Hollidaysburg, PA 16648 De E. eynosa, Esquire FILE u CE OF 1Nr PD,Tr,# ?OT4RY 2009 SE P 21 Pi 2: 3 3 414-DO PA A-rrY Ge-14 5045 00 wy