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Home My WebLink About07-3049 P JAMES SALISBURY, IN THE COURT OF COMMON PLEAS OF d/b/a SALISBURY MECHANICAL : CUMBERLAND COUNTY, PENNSYLVANIA SERVICES, INC. Plaintiff V. DOCKET NO. 07' 3 6 q / C : v, JERRY TROLINGER, VILLAGE CRAFT FACTORY DIRECT, INC., Defendants CIVIL ACTION - LAW 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 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. IF YOU CANNOT AFFFORD 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 REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Phone: 717.249.3166 SA DIS, FLOWER & LINDSAY nnoRNEYS- MAW 26 West High Street Carlisle, PA Date: l S a1 Saidis, Flower & Lindsay By: C^ lb eorge F' Douglas, III, Esquire Attorney ID #61886 26 West High Street Carlisle, PA 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Plaintiff FLOWER & LINDSAY S•AT AW 26 West High Street Carlisle, PA JAMES SALISBURY, d/b/a SALISBURY MECHANICAL : SERVICES, INC., Plaintiff V. JERRY TROLINGER, VILLAGE CRAFT FACTORY DIRECT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. o 7- 3 6 g q G v r CIVIL ACTION - LAW COMPLAINT 1. The Plaintiff, James Salisbury, is the owner and President of Salisbury Mechanical Services, Inc., located at 4029 Carlisle Road, Gardners, Cumberland County, Pennsylvania. 2. The Defendant, Jerry Trolinger, is an individual residing at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. The Defendant, Village Craft Factory Direct, Inc. has a place of business located at 1446 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 4. On February 23, 2006 the Plaintiff, James Salisbury, as owner and President of Salisbury Mechanical Services, Inc. entered into a Proposal with the Defendant, Jerry Trolinger as a representative of the Village Craft Factory Direct, Inc. store in Carlisle, Cumberland County, Pennsylvania to do the installation of mechanical services for the remodeling of the said Village Craft store. A copy of the proposal is attached as Exhibit A. 5. The installation of the mechanical services was completed and an invoice submitted to the Defendant dated May 31, 2006 in the amount of $14,124.00. A payment in the amount of $5,000.00 was made on approximately November 2, 2006. A copy of the most recent invoice showing the finance charges and the current balance owed in the amount of $11,768.37 is attached as Exhibit B. 6. As a result of the overdue invoice of the Defendant, the Plaintiff sustained damages in the amount of $11,768.37 plus any additional interest as well as attorney's fees estimated to be $1,000.0 for a total of $12,768.37. WHEREFORE, the Plaintiff claims of the Defendant the sum of $12,768.37, an amount requiring compulsory referral to arbitration under the local rules of the court. r- ?)'J? ?? George F. Douglas, III, Esquire Attorney ID #61886 26 West High Street Carlisle, PA 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Plaintiff 05/14/2007 11:45 7172436510 cAIDIS FLf_'WER $ LINED FACE +Ju:'i' , VERI MC:ATION I hereby verify that the facts set forth. in the foregoing Complaint areltme and correct to the best of my knowledge, i.r.formation and belief. I understand that false?statements herein are subject to the penalties of 18 pa. C.S.A. Section 4904 relating to unswort falsification to authorities. j Date: L'7 es Salisbury ; SALISBURY MECHANICAL PAGE 02 4029 Carlisle Road ardners, PA 17324 717-486-8839 717-486-3185 I Name /Address I Jerry Trolinger 2551 Spring Road Carlisle, PA 17013 Proposal Date Propsal # 2/17/2006 534 Job Name Furniture Store Description Total Price to supply and install two (2) 100 000 BTU direct vent LP , gas furnaces, two (2) 5 ton 13 S.E.E.R. A/C units, complete duct 28,248.00 package, 2x2 high voltage diffusers venting, condensate, two (2) thermostats, secondary pan's low voltage wiring, one (1) 10,000 BTU LP gas fireplace with mantel, re-locate three (3) Dayton gas unit heaters to warehouse area, and replace all vent as needed. Price includes all labor and materials to complete above listed installation. NOTE: Price excludes all high voltage wiring to unit heaters , furnaces, and outdoor condensing units. Any and all repairs to be done on existing unit heaters to make operational will be time and materials. We propose herby to furnish materials and labor to complete in accordance with the house specification- All materials are guaranteed to be specified. All work to be complete in a workmanlike manner according to standard pratices. Any alterations or Total $28,248.00 deviation from the above apecicadons involving extras vAH be executed only upon written orders and will became an extra charge over abMV estimate. Our workers' a fully covered by workers' compensation insurance and our company is covered by Proposal maybe insurance. withdrawn within 30 !Lays. Thank you for the opportunity & consideration 20% upon acceptance of contract, 50% upon of our company. For further details on our Proposal R/11 30% pon cobnpl n company check out our web site. Terries: /7' Date M 1 t lo L Signatu Please sign one copy and Remit ti 05/10/2007 06:16 4863185 SALISBIJRY MF-C'AANLAL PAGE A2 4029 Carlisle Road yi ardners, PA 17324 717-486-8839 717486-3185 Bill To Jerry Trolinger 2551 Spring Road Carlisle, PA 17013 Invoice bate Invoice #lt 5/31/2006 4535 & FC Job Name Terms Due Date Furniture Store 15 Days 6/15/2006 Description Qty/Hours Rate Amount 50% of contract price for rough in HVAC 1 14,124.00 14,124.00 Finance Charges on Overdue Balance 7/1/06 1.80% 254.23 Finance Charges on Overdue Balance 8/1/06 1.800/0 254.23 Finance Charges on Overdue Balance 9/1/06 1.80% 254.23 Finance Charges on Overdue Balance 10/1/06 2.00% 282.48 Finance Charges on Overdue Balance 11 /1 /06 2.00% 282.48 Payment 11 /2/06 check # 204 -1 5,000.00 -5,000.00 Finance Charges on Overdue Balance 12/1/06 207.33 207.33 Thank You for your Business H Total Please return bottom portion with vour remmtanc- Jerry Trolinger ? Visa ? Giscove- 2551 Spring Road Carlisle, PA 17013 ? Mastercard ? Arne icon Express Credit cart! # L Invoice Number 4532 Expiration Date: LUCID You are authorizing payment to be billed to the above credit card account number. Please check the appropriate box above and fill in the information and sign below. Salisbury Mechcocal Services. Inc_ 029 Carlisle Road 'ardners, PA 17324 ftnabire: _ _ Total EncPaged1,_- - - Check # 05/10/2007 06:16 4863185 SALISBIJRV MECHANICAL e E 4024 Carlisle Road r; .. ardners, PA 17324 717-496-8839 717-486-3185 Bill To Jerry Trolinger 2551 Spring Road Carlisle, PA 17013 O Visa Job Name Terms Due Date Furniture store 15 Days 6/15/2006 Description Qty/Hours Rate Amount Finance Charges on Overdue Balance 1/1/07 213.18 213.18 Fu1ance Charges on Overdue Balance 2/1/07 217.44 217.44 Finance Charges on Overdue Balance 3/1/07 221.79 221 79 Finance Charges on Overdue Balance 4/01107 226.23 . 226.23 Finance Charges on Overdue Balance 5/01/07 230.75 230.75 Thank You for your Business H Total Please return bottom portion with vour remittance Jerry Trolinger 2551 Spring Road Carlisle, PA 17013 Invoice Number 4532 ;alisbury Mechanical Services, Inc. 029 Carlisle Road iardners, PA 17324 ? Mastercard Invoice Date Invoice # 5/31/2006 4535 & FC $11,768.37 O Discove- ? Amencar• Express Crt4t Card t Expiration Date: t.,,JLJ You are authorizing payment to be tilled to the above credit card account tturttber piny se check the appropriate box above and fill in the information and sign below *nature- - Total Enfag dZ-_-__ Check At ` 7 \( ? s c ? A r h.3 c? ?} , ?f T""1 .t 0 ..1 JAMES SALISBURY, d/b/a SALISBURY MECHANICAL SERVICES, INC. Plaintiff, VS. JERRY TROLINGER VILLAGE CRAFT FACTORY DIRECT, INC Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-3049 CIVIL ACTION - LAW t.,# JAMES SALISBURY, d/b/a SALISBURY MECHANICAL SERVICES, INC. Plaintiff, vs. JERRY TROLINGER VILLAGE CRAFT FACTORY DIRECT, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-3049 CIVIL ACTION - LAW Defendants. ANSWER Defendant hereby submits this Answer through its counsel, PALLO LUCCHESI LAW OFFICES, LLC, and Faith M. Lucchesi, Esquire. In support thereof, Defendant answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part. It is admitted that work was performed. It is further admitted that work was performed, and that a writing is attached to the Complaint marked as Exhibit "A" which appears to be an invoice. It is further admitted that the invoice was submitted to Defendants on May 31, 2006 in the amount of $14,124.00, and that Defendants paid Plaintiff $5,000.00 on approximately -1 10 November 2, 2006. However, the work was of an inferior quality and more specifically was not "complete[d] in a workmanlike manner according to standard practices," as promised in the proposal attached to the Complaint as Exhibit "A". All other allegations, whether express or implied, are denied. 6. Denied. Plaintiff breached the contract by performing work inferior to that promised. Additionally, there is no statutory or contractual basis for the award of attorney fees. WHEREFORE, it is respectfully requested that Plaintiff's Complaint be dismissed. Dated this I th day of t,t n C, , 2007. I- Respectfully submitted, ' ?,-M IWA?,'- M. Lucchesi ?? I.D. No. 86323 Pallo Lucchesi Law Offices, LLC 1368 South Atherton Street State College, PA 16801 (814) 231-4050 telephone (814) 231-4051 facsimile Faith@2LawDogs.com LVV f J411 V f-?J: L7r1'1 r b LI'1.'I GI?JL I rI-In JAMES SALISBURY, d/Wa SALISBURY MECHANICAL SERVICES, INC. Plain iff, Vs. JERRY TROLINGER VILLAGE CRAFT' FA INC. f i f f: T J f J 1 0 P^ C V1T p1jL JL I V ir• 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO- 07-3049 CIVIL ACTION - LAW VEIMICATION I hereby verify that th6 facts set forth in this Answer are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made sUbjcct to the penalties of 18 Pa C.S. Section 4904. relating to unsworn falsification to authoritieC II I Date: 0 I I CERTIFICATE OF SERVICE I certify that a copy of the foregoing ANSWER has been served upon the Plaintiffs in the I 1 manner indicated, this I A day of June 2007, to: By facsimile and pre paid first class U.S mail: George F. Douglas, III, Esquire 26 West High Street Carlisle, PA 17013 ?VA F th M. Lucchesi n °.r pl, jg? James Salisbury IN THE COURT OF COMMON PLEAS OF d/b/a Salisbury Mechanical CUMBERLAND COUNTY, PENNSYLVANIA Services, Inc. Plaintiff No.: 07-3049 Civil Action 2007 V. Jerry Trolinger Village Craft Factory Direct, Inc. Defendants RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS Respectfully submitted, _ George F. Douglas, III ORDER OF COURT SAMIS, "VVER & LNDS" 26 West High Street Carlisle, PA TO THE HONORABLE, THE JUDGES OF SAID COURT: George F. Douglas, III, counsel for the plaintiff/defendant in the above action (or actions), respectfully presents that: 1. The above-captioned action *(or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $12,768.37 plus costs. The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, foregoing petition, Esq., and captioned action (or actions) as prayed for. 2007, in consideration of the Esq. Esq. are appointed arbitrators in the above- By the Court, P.J. cr% James Salisbury IN THE COURT OF COMMON PLEAS OF d/b/a Salisbury Mechanical CUMBERLAND COUNTY, PENNSYLVANIA Services, Inc. Plaintiff No.: 07-3049 Civil Action 2007 V. Jerry Trolinger Village Craft Factory Direct, Inc. Defendants RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George F. Douglas, III, counsel for the plaintiff/defendant in the above action (or actions), respectfully presents that: 1. The above-captioned action'(or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $12,768.37 plus costs. The counterclaim of the defendant in the action is it The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, _ George F. Douglas, III ORDER OF COURT SAIDIS, LINDSAY n1:uw 26 West High Street Carlisle, PA AND NOW, 13 , 2007, in consideration of the _;? J_ foregoing petition, Esq. Esq., and , Esq. are appointed arbitrators in the above- captioned action (or actions) as prayed for. B e Court P.J. rrJJ,n,'J (? er pired- tom" -rro ? ??y V` IIo?G V1 _01 046 71?) C P -? V K y _ C i Lsv' .> -? T v N - f SHERIFF'S RETURN - REGULAR or CAh NO: 2007-03049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SALISBURY JAMES ET AL VS TROLINGER JERRY ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TDnT TAT('!L'A .TL`T?AV the DEFENDANT , at 1555:00 HOURS, on the 22nd day of May 2007 at 1446 HOLLY PIKE CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 Postage .41 (-'b y10 -1 (4 ? 33.21 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 05/24/2007 SAIDIS FLOWER & LINDSAY By: A. D. 41- r .r? SHERIFF'S RETURN - REGULAR CASE NO: 2007-03049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SALISBURY JAMES ET AL VS TROLINGER JERRY ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon UTT.T 7 r("V rnaL-m WA(TnVV nTRRrT TNTr the DEFENDANT , at 1555:00 HOURS, on the 22nd day of May , 2007 at 1446 HOLLY PIKE CARLISLE, PA 17013 JERRY TROLINGER by handing to (OWNER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 ? 10.00 R. Thomas Kline .00 16.00 05/24/2007 SAIDIS FLOWER & LINDSAY Sworn and Subscibed to before me this of By: day , A.D. -.i. 3.. 9 F .i. s- s- James Salisbury, et al. Plaintiff Jerry Trolinger, et al. Defendant County, Pennsylvania No. 07 _ 3019 In The Court of Common Pleas of Cumberland Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Si a afore ignature C. Roy Weidner, Jr. Name (Chairman) Johnson, Duffie Law Firm 301 Market Street Address Lemoyne, PA 17043 City, Zip Lauralee B. Baker Name Margolis Edelstein Law Firm 3510 Trindle Road Address Camp Hill, PA 17011 City, zip Michael L. Bangs Name Law Firm 429 South 18th Street Address Camp Hill, PA 17011 City, zip * 10,825 - 101'Is 11 431 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 1110,4 c.., h .., i:1A-,tAn AXA aAAsrIFf'S 4!a JI"1N5T` 9t 0 . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Z Date of Award: 141 7 W13° p ig. Notice of Entry of Award , _L .M., the above award was Now, the 30'?k day of , 20_Qj-, at 6V,17 entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 35D.ioo jIf 16 By: Prothonotary Deputy 0 ? D sZ CD -ry r _ _ 3 Q Y t^- i Corr J\ ? F. Wd r ?? ? . ? r07 11' (yam bab ?r? JAMES SALISBURY, d/b/a SALISBURY MECHANICAL : SERVICES, INC., Plaintiff V. JERRY TROLINGER, VILLAGE CRAFT FACTORY DIRECT, INC., Defendants Please enter judgment in accordance with the Award of Arbitrators in favor of the Plaintiff and against the Defendants in the amount of $13,518.09. A true and correct copy of the award is attached hereto and made a part hereof. PRAECIPE TO ENTER JUDGMENT ON THE AWARD OF ARBITRATORS Respectfully submitted, SAIDIS, FLOWER & LINDSAY SAIDIS, )FLOWER & LINDSAY 26 West High Street Carlisle, PA Date: 1 j 3 I 0 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-3049 CIVIL ACTION - LAW b SL-Q?'r-. 5"A? ';?i7 George F. Douglas, III, Esquire Attorney ID #61886 26 West High Street Carlisle, PA 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Plaintiff Janes Salisbury, et al. Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 _ 3049 Jerry Trolinger, et al. Defendant Oath Civil Action - Law. We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Si lure Signature C. Roy Weidner, Jr. Lauralee B. Baker Name (Chairman) Johnson, Duffie Law Firm 301 Market Street Address Lemoyne, PA 17043 City, Zip Name Margolis Edelstein Law Firm 3510 Trindle Road Address Can% Hill, PA 17011 City, zip Michael L. Bangs Name Law Firm 429 South 18th Street Address Camp Hill, PA 17011 City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affnmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated) &P PAND 1Al nrhtD)>, CF A*ivr1EF4 AN A"IksT ga Date of Hearing:( 2 Date of Award: Z Notice Of Entry Of AWZro Now, the 36 k day of Noy -, 20-Ql---, at b1-,Q 7 , P .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: $ 35D. COP FROM RECORD in Testimony wNr f9 I Nue unla vt. ffri h rF and t seW of ;a d (;oust i'? Cadisie, Pay. By: ?+• X27 Prothonotary . Arbitrator, dissents. (Insert name if applicable.) w co ? w ? c:_ ,f (ZO IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JERRY M. TROLINGER, JR., Debtor JERRY M. TROLINGER, JR., Movant V. JAMES SALISBURY d/b/a SALISBURY MECHANICAL SERVICES, INC., Respondent CHAPTER 7 SSN: xxx-xx-0673 CASE NO: 1-08-bk-01425-RNO (LIEN AVOIDANCE) ORDER AVOIDING A JUDICIAL LIEN The Motion of Debtor, Jerry M. Trolinger, Jr., to Avoid a Judicial Lien, having come this day before the Court, it is: HEREBY ORDERED that the judgment entered by James Salisbury d/b/a Salisbury Mechanical Services, Inc., in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 2007-3049 is avoided and declared void as to all of the real property located at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania and 202 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania owned by the Debtor in that it impairs an exemption claimed by the Debtor in such real properties to which the Debtor would otherwise be entitled ? CERTIFIED FROM THE RECORD thisv day of lr)hw , 20 L r Clerk, U.S. Sank ptcy Ud Per oeputy Cleric By the Court, Dated: October 23, 2008 Robert N. OA A BaWM y Judge (De) This document a elw rt niwHy signed andfled on saw date. Case 1:08-bk-01425-RNO Doc 75 Filed 10/23/08 Entered 10/23/08 11:18:34 Desc Main Document Page 1 of 1 7o r ? ? r ?.' ? ?, "? -?, ?, c ?O V` ?'S T ?a'. 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