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HomeMy WebLinkAbout07-3050ROBERT L. MCLAUGHLIN IN THE COURT OF COMMON PLEAS OF d/b/a BO KNOWS PAINTING, INC.: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 0'7- 365-0 C-} J, JERRY TROLINGER CIVIL ACTION - LAW VILLAGE CRAFT FACTORY DIRECT, INC 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 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 SAIDIS, FLOWER & LINDSAY ATMRNEYS.AT uw 26 West High Street Carlisle, PA Date: 5 L9 A-) Saidis, Flower & Lindsay e By: tQz\va-- l? George F. Douglas, Ift, Esquire Attorney ID #61886 26 West High Street Carlisle, PA 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Plaintiff ROBERT L. MCLAUGHLIN, d/b/a BO KNOWS PAINTING, INC.: Plaintiff V. JERRY TROLINGER, VILLAGE CRAFT FACTORY DIRECT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. D 7- 3050 c-.vrl CIVIL ACTION - LAW COMPLAINT FLOWER & LINDSAY WMEMMU.aW 26 West High Street Carlisle, PA 1. The Plaintiff, Robert L. McLaughlin, is the owner and President of Bo Knows Painting, Inc. located at 245 E Street, Carlisle, 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 July 27, 2006 the Plaintiff, Robert L. McLaughlin, as President of Bo Knows Painting, Inc. entered into a contract with the Defendant, Jerry Trolinger as a representative of the Village Craft Factory Direct, Inc. store in Carlisle, Cumberland County, Pennsylvania to be the painting contractor for improvements to the said Village Craft store. A copy of the contract is attached as Exhibit A. 5. The painting work was completed in September, 2006 and an invoice submitted to the Defendants on September 6, 2006 in the amount of $11,720.00. A copy of the said invoice is attached as Exhibit B. 6. A payment of $3,000.00 was made on November 4, 2006 and a payment of $1,000.00 was made on November 25, 2006 leaving a balance due and owing in the amount of $7,720.00. A copy of an invoice from January 26, 2007 showing the current balance due of $7,720.00 is attached as Exhibit C. 7. As a result of the overdue invoice of the Defendant, the Plaintiff sustained damages for the amount due of $7,720.00 plus interest as well as attorney's fees estimated to be $1,000.00 for a total of $8,720.00 WHEREFORE, the Plaintiff claims of the Defendant the sum of $8,720.00, an amount requiring compulsory referral to arbitration under the local rules of the court. 4 ?nG- A- r' J-b kn A (11 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 05/09/2007 15; 00 7172436510 SAIDIS P! O'AJER _ ! 'tdD VERIFICATION PAGE 0,4/07 i I i i I hereby verify that the facts set forth in the foregoing Complaint arr' true and correct to the best of my ;knowledgc, information and belief. I understand that false'statements herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworh falsification to authorities. Date. D SAM VV17ER'& L SAY 245 Wcu High St:rcrr Carlisic. PA z'7 /V Z,,46?9' l Robert I,. M aughlin MAY 14 2007 BO KNOWS PAINTING Tti' P!`i(;;? P?) PROPOSAL Bo KNOWS PAINTING, INC. ROBERT "BO" MCL.AUGHLIN 248 E STREET, P.O. BOX 637 CARLISLE, PA 1 70 1 3-0837 PHONE: (717) 249-3967 _ FAX: (717) 249-9329 Date: 7/27/06 Company: Vllkage Craft Factory Direct, Inc. Address: 1446 Mt. Hc#y Pure Carlisle, PA 17013 AM, Jerry TroYnger Re: Exterior of above referenced location Scope of work & Specifications: rM a tc visit Powerwash block and metal sk*V to remove surface dkt and chcdky residue. Face boards andOfftts- Clean off all kx)W paint, prime, putty, caulk where needed and apply (1) coat of 100% Acrylic Satin Trim Paint, Metal sldina - Apply (1) coat of bonding primer and (1) coat of 100% Acrylic Gray Flat. Doors and iambs - Prepare surface and OPPIV (2) corns white satin to jambs and (2) coats Blue to doors. Steel lintels - Sand, prime and apply (1) coat of white Rust-O-Lastlc. C Porch callina and Dc&- u k)s - Clean, prime, caulk and apply (1) coat of white Satin Trim Paint. Spot prime with Stain Mor. spray (1) coat of Acrylic Sold Me Gray Stain. Exterior Saw Bid: $10.482.00 Poarar Wash Brick: Add- ulterior rakd ft of Storeroom Wags (Block and Drymin: Add S 900.00 TOM law Bid: Altetrnates andkw Quallllcatlouic 1 13 FrA , O a None ?3 g-, 0 L WE PROPOSE to furnish labor and material - complete In accordance with the above sp&Mcafbns for the sum of: 5M above Dollars ($? 1 Payment to be made as follows:_ 30 loos 4c""*wo d( ro""v - the above P CeS, V0dfiCa1lpns Ond condtiOnS are satisfactory and are hereby accepted. You are aufhorlzed to do the work as spoctfled. Payment will be rude as outlined above, Bo{?1K Knows PdnWV. Inc Date of AcceptpnC b Boll aj A 1/WI s gnaaxe U0111411116 M - All Muldid Is gUOMteed to be as specified. All work is to be Completed In a professional manner accadng to standard praclices. Any alteration or deviation from speclficatlons lrwoMng extra costs wM be executed only upon a written ChanVe order ar-d will become an extra charge over and above the estimate. All cgrCOrttl ??? ngenf upon Wk0s, occUents, or delays beyond our control. Owner to carry fire and other necessary Instaance. our workers are A.*v covered by workmen's Compeneallon Insurance. (41"U P "Fiv. Please sign and mourn (1) copy of this proposal upon acceptance via =all. BO KNOWS PAINTIW', I'?I Bo KNows PAINTING, INC ROBERT'BO" MCLAUGHLIN 245 E STREET P.O. Box 637 CARLISLE, PA 17013 BILL TO VM%W Craft Factory Diva ct. Inc. Jerry TMNFVW 1446 hilt. "IV PNM COMl M, ?A 17015 PA(i INVOICr- DAT< INVOICL 9!6/2006 169 P-D_ No. Tvnma Our DA'tL W Job # 33-06 NO 30 10/6/42006 ITKM DEUCRIPT1ON QUANTITY RATE AMOUNT Pw hOP0201 work ool+>ylMed pw proposal dated 7/27/06 11,382.00 11,382.00 Labor f? Nalerlah Extra - - Add fior seal ft new wood pmW doors 338.00 338.00 OW jurnbs and prep and paint the Interior dde of mdsting ad doors In the dxmoorn { O " I?lq DATE 2?6 u 000.0 006 , 0 C) Thanks for your budnep. It has b6m a Pleasure wortdng 11dtt1 yowl - to TOTAL $11.720.00 BALANCE DUE 11 20 00 , PNONt # Fwz 1? cofiy 717.249-3867 717-249-9329 ?*4- ?V-?'o 01/26/2007 16:07 2499329 B? KNow5 PAINTING, INC ROOERT 1'80" MCLAUCaHLIN 245 E STREET P.O. Box 637 CARLISLE, PA 1 701 3 To & Village Craff Factory Direct, Inc. Jerry Trc*Ver 1446 Mt. Holy Pike Cvdisle, PA 17015 DATE I TRAN9AC PION 09/31/2006 Balance froward 09106/2006 INV #F 169. Due 10/0612006. --- Per Proposd $11,382.00 --- Labor & Matedals $338.00 11/0412006 PW *209. #E33-06 Padlal Payrrlerlt 12105/2006 PMT 1133-06 PoW payment BO KNOWS PAINTING TY STATEMENT DATlr 1/26/2W7 AMOUNT DUB Amoum r ENC. $7,720.00 AMOUNT BALANQC 0.00 11,720.00 11,720.00 3,000.00 I 8,720.00 l ,00D.00 1,720.00 OURRENT 1-30 DAYS PAST 31-e0 DAYS 61-90 DAYS OVER 90 oAYB DUE PAST DUE PAST DUE PAST DUE AMOUNT D??F 0.0o 0.00 0.00 0 1X] 7.720.00 S7,720.00 "O C C ? R ROBERT L. MCLAUGHLIN d/b/a BO KNOWS PAINTING, INC. Plaintiff, vs. JERRY TROLINGER VILLAGE CRAFT FACTORY DIRECT, INC. Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-3050 CIVIL ACTION - LAW M ROBERT L. MCLAUGHLIN d/b/a BO KNOWS PAINTING, INC. Plaintiff, vs. JERRY TROLINGER VILLAGE CRAFT FACTORY DIRECT, INC Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-3050 CIVIL ACTION - LAW 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 in part. It is admitted that a writing is attached to the Complaint marked as Exhibit "A" which appears to be a contract. The contract is a writing which speaks for itself. All other allegations, whether express or implied, are denied. 5. Admitted in part. It is admitted that work was performed, and that a writing is attached to the Complaint marked as Exhibit "B" which appears to be an invoice. It is further admitted that the invoice was submitted to Defendants on September OW 6, 2006 in the amount of $11,720.00. However, the work was of an inferior quality and workmanship. All other allegations, whether express or implied, are denied. 6. Admitted in part. It is admitted that payments of $3,000.00 and $1,000.00 were made on November 4, 2006 and November 25, 2006, respectively. It is denied that the remaining $7,720.00 is due because the work performed was of an inferior quality and workmanship. 7. 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 11 th day of 7u n e- 12007. Respectfully submitted, F ' 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 .W GUU ! JUf1 U t J: LTrI'1 -Yfb ?rIO Grt JG 1 x1'7/1 . i f i ROBERT L. MCLAUGHLRN f &b/a BO KNOWS PAINTING, 114C. PWndff, VS. JERRY TROLINGER VILLAGE CRAFT FACTORY DIRECT, INC. Defendants! r i I,) AD P. 1 OlT ODG DL10 r.G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO- 07-3050 CIVIL ACTION - LAW VERIFICATION I hereby verify that the' facts set forth in this Answer are true and correct to the best of my knowledge, information and befief. I understand that any false statements herein are made s bject to the penalties of 18 Pa. C.S. Section 4904, i relating to unsworn falsification to authorities. Date: ? /-/ C' r CERTIFICATE OF SERVICE I certify that a copy of the foregoing ANSWER has been served upon the Plaintiffs in the manner indicated, this I 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 * fait M. Lucchesi _cm CS n rn c X- n F - N ra -Z) N Ps rn Robert L. McLaughlin IN THE COURT OF COMMON PLEAS OF d/b/a Bo Knows Painting, Inc. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No.: 07-3050 Civil Action 2007 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 $8,720.00 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. Respectfully submitted, C_ , NA/?? I '(?? George F. Douglas, III ORDER OF COURT SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 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. 77 s ? 4ES AS Robert L. McLaughlin : IN THE COURT OF COMMON PLEAS OF d/b/a Bo Knows Painting, Inc. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No.: 07-3050 Civil Action 2007 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 $8,720.00 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. Respectfully submitted, lp? . 4?' George F. Douglas, III ORDER OF COURT FWWER'& LINDSAY 26 West High Street Carlisle, PA AND NOW, 3 , 2007, in consideration of the foregoing petition, ?• L(J Esq. _yakA/a,&C Esq., and Esq. are appointed arbitrators in the above- captioned action (or actions) as prayed for. B e Court, P.J. ? c - ,,.D r-j Mit i ;K -i? 'Y ? •c {4?t CA =t, r i , SHERIFF'S RETURN - REGULAR CASE NO: 2007-03050 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCLAUGHLIN ROBERT L 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 TROLINGER JERRY 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 a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. r Sheriff's Costs: Docketing Service Affidavit Surcharge Postage G?by?oq 18.00 So Answers- , 4.80 00 10.00 R. Thomas Kline .41 33.21 05/24/2007 SAIDIS FLOWER & LINDSAY Sworn and Subscibed to before me this of day By A. D. ;?- SHERIFF'S RETURN - REGULAR CT;*?'ZE NO: 2007-03050 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCLAUGHLIN ROBERT L 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 VILLAGE CRAFT FACTORY DIRECT INC the DEFENDANT , at 1555:00 HOURS, on the 22nd day of May 2007 at 1446 HOLLY PIKE CARLISLE, PA 17013 by handing to JERRY TROLINGER (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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 lo 41a`1 L?, 16.0 0 Sworn and Subscibed to before me this day of , So Answers: lowpow- r R. Thomas Kline 05/24/2007 SAIDIS FLOWER & LINDSAY By. A. D. 01 w. q.. .,i ?i. Robert L. McLaughlin, et al. Plaintiff Jerry Trolinger, et al. Defendant 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. In The Court of Common Pleas of Cumberland Civil Action - Law. County, Pennsylvania No. 07 _ 3050 n e Si tore Signature C. Roy Weidner, Jr. Name ((Mairman) Lauralee B. Baker Michael L. Bangs Johnson, Duffie Law Firm 301 Market Street Address Lemoyne, PA 17043 City, zip # ,11 Name Margolis Edelstein Law Firm 3510 Trindle Road Address Camp Hill, PA 17011 City, Zip ? IOS85 Name Law Firm 429 South 18th Street Address Camp Hill, PA 17011 City, zip 7F -Y 101 5 1131 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for dela are awarded, they shall be separately stated.) 1,1 /r JC1A1)> /At 15;WAP I"C' 7L * KT1 rF Aw A A6 * A) So T &I Date of Hearing: (Chairman) Date of Award: ?-- j b ?- Notice of Entry of Award Now, the W1 day of Nov , 20 Q , at a : ro 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: $ 350. Oo By: ? Prothonotary Deputy . Arbitrator, dissents. (Insert name if applicable.) ie5 ?-Qo F Qo? cc,??i I30 101 I? orb Pro C tC ry Zi- C) r V,.*. ROBERT L. MCLAUGHLIN, d/b/a BO KNOWS PAINTING, INC.: Plaintiff V. JERRY TROLINGER, VILLAGE CRAFT FACTORY DIRECT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-3050 CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT ON THE AWARD OF ARBITRATORS Please enter judgment in accordance with the Award of Arbitrators in favor of the Plaintiff and against the Defendants in the amount of $7,720.00. A true and correct copy of the award is attached hereto and made a part hereof. Respectfully submitted, SAIDIS, FLOWER & LINDSAY FLOWER & LIlVDSAY 26 West High Street Carlisle, PA Date: 13 / 0J eorge F. Douglas, III, squire Attorney ID #61886 26 West High Street Carlisle, PA 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Plaintiff T r.. Robert L. McLaughlin, et al. Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 _ 3050 Jerry Trolinger, et al. Defendant Civil Action - Law. 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. 10-1 e Si afore 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 Finn 3510 Trindle Road Address Camp Hill, PA 17011 City, Zip M A, )J I.,7eZ--) Signature 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 swom (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 1,1/% A=i????1 i.v 15C VL AiNTtfF AAIA AP *A)S l' PZI Date of Hearing: Date of Award: Notice of °i v4i Cal S Yn., Now, the 30th day of _ Nov , 20 Q , at a : /0 , P.M., the above award was entered upon the docket and notice thereof given by mail to the parties N r a . FROM RE G- R1 in Tesomony w?l?a e?'#s l " ?' 0?1 Sit ? ???` Arbitrators' compensation to be paid upon appeal: S 350. 00 and s of said art it Carlisle, Pa. tzr. F J, T 7VW. By. 0 are Prothonotary Deputy . Arbitrator, dissents. (Insert name if aDvlicable.' xj- Q w f fT7 1 '7r7? Co' 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. ROBERT L. MCLAUGHLIN, d/b/a BO KNOWS PAINTING, 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 Robert L. McLaughlin d/b/a Bo Knows Painting, Inc., in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 2007-3050 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 this ' rvffl- day of 2'. Clerk, U.S. Bankrupt C Per Depuzy Clark By the Court, ?P Robert N. pek H, Bankruptcy Judge (DB) This documew is ekc&mrcal v sgned and ftted on the same date. Dated: October 23, 2008 Case 1:08-bk-01425-RNO Doc 73 Filed 10/23/08 Entered 10/23/08 11:10:19 Desc Main Document Page 1 of 1 ?:e ?? c ?.. ?y v ? ? z ",,?=' f? -w- r ?` ?. ?? `?