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Home My WebLink About03-3964HOLZ RUBBER COMPANY, INC, Plaintiff PREFERRED SHEET METAL, INC. Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. OR -- o : CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MU ST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 NOTICA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAG1NAS SIGUIENTES, USTED TIENE VE1NTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICAC1ON. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AV1SADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MED[DAS Y PUEDA ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AV1SO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMAN DA. USTED PUEDE PERD ER DIN ERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO 1MMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 HOLZ RUBBER COMPANY, INC. Plaintiff PREFERRED SHEET METAL, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL DIVISION - LAW COMPLAINT The Plaintiff, HOLZ RUBBER COMPANY, 1NC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum ofTEN THOUSAND, FOUR HUNDRED FORTY-THREE DOLLARS AND ZERO CENTS ($10,443.00), along with interest thereon, upon a cause of action of which the tbllowing is a statement: 1. The Plaintiff, HOLZ RUBBER COMPANY, 1NC., is a corporation organized and existing under the laws of the state of California, having its principal office and place of business at 1129 So. Sacramento Street, Call Box 241002, Lodi, California 95241 .. 2. The Defendant, PREFERRED SHEET METAL, 1NC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 2250 Millennium Way, Suite 200, Enola, Cumberland Cotmty, Pennsylvania 17025-1488.. 3. On the dates, in the mnounts, and for the prices set forth in a true and correct copy of the Plaintiff's Invoice hereto attached, marked Exhibit "A" and made a part hereof, Plaintiff, at the special instance and oral request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount ofTen Thousand, Four Hundred Forty-Three Dollars and Zero Cents ($10,443.00). F:\USER\STACY\CCP COMPLA1NTS\WORK\29740.wpd:01 Aug03 4. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay to Plaintiff. 5. Plaintiff did frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said mnount of any part thereof. WHEREFORE, Plaintiffbrings this suit to recover from Defendant the sum ofTEN THOUSAND, FOUR HUNDRED FORTY-THREE DOLLARS AND ZERO CENTS ($10,443.00), together with interest thereon. Respectfully submitted, Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER~STACY\CCP COMPLAINTS\WORK\29740.wpd:01 Aug03 CASH #2: NET DUE DATEr 112502 cus? is, 'QTY OTY QT¥ ITEM 12 6 0 724-6~441 RB ~0 X 44 ~ 3 0 358-44281 FD 44 X 2B IZ ~ 0 724-442gl RB ~4 g 2g LC~ J/8 X ~ SHOP PRIME & ~ O 538-~0~01 ~D bO X 60 X 12 ! ~HIP TO: P~FERRED SHEET mETaL, INC. TAG; HUNTENgT[]I~N P~R PLNT 1751HIJNTF~qSTO~aN RO~D ~ETTY~B~G PA 17~25 BHIP~EDI 101:25/2002 F.O.B.: L~{ 740 ~NO NO ~ UNIT PRICE EXT~ PRICE US DOLLARS UG G~4.00 ....... 787.00 2,~bL.O0 911,00 2,7~5.00 186.50 I,ILg.0O 5ALES l'OT,~Lr 10,443,00 SALES T~X~ OoOO LES~i 0.00 OTH~ CHARGEG; O.0~ INVOICE TDTPL: 10~44~,00 Ruc O~ 03 09:21a ~SLKER & WEISS, IMCo 828 263 0717 p.6 VERIFICATION of HOLZ RUBBER COMPANY, D~C., veri~ that the statements made in the aforegoing document are true and correct. ! undcr:ttand that false statements herein ~te made subject to the penalties Of 18 Fa~ C, S. §a904, relating to unswom falsification to authoriti~s By: Title: HOLZ RUBBER COMPANY, INC, 29740 HOLZ RUBBER COMPANY, INC. Plaintiff PREFERRED SHEET METAL, INC. Defendant IN THE COUR'r OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NOTICE TO PLEAD TO: Robert Kodak, Esquire Attorney for Plaintiff Holz Rubber Company, Inc. Knupp, Kodak & Imblum, P.C. 407 N. Front Street Harrisburg, PA 17101 You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. GOLDBERG KATZMAN & SHIPMAN, P.C. Tt[on~as J. Web'r, Esquire Supr. I.D.//58853 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date: September 10, 2003 6730.1 HOLZ RUBBER COMPANY, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-3964 CML TERM PREFERRED SHEET METAL, INC. : CML DIVISION - LAW Defendant : ANSWER AND NEW MATTER AND NOW comes the Defendant Preferred Sheet Metal, Inc. by and through its counsel Goldberg Katzman & Shipman, P.C. in response to Plaintiff's complaint avers as follows: 1. 2. 3. Admitted based upon information and belief. Admitted. Denied as stated. It is admitted that Defendant requested the fabrication of certain materials from the Plaintiff at a cost well in excess of that identified in Plaintiff's complaint. Following the initial request, Defendant informed Plaintiff on numerous occasions that the materials, prior to fabrication, had to be adjusted. Specifically, the flange for the roof system needed to be altered. Tom Brentt, an employee of Plaintiff acting in a position of authority, acknowledged receipt of'the requested modification and assured Defendant that the changes would be made prior to fabrication. Despite these representations, Plaintiff produced materials not in compliance with those requested by the Defendant. As a result, Defendant needed to take remedial action to correct the errors of the Plaintiff's workmanship. The remedial actions taken by the Defendant resulted in a cost being incurred by the Defendant in the amount of' $10,443.00. Defendant fully informed Plaintiff of this situation. As a result, Plaintiff was paid the amount of its charges minus the amount incurred by Defendant to correct the deficiencies in Plaintiff's product. 4. The averments contained in Paragraph 4 of Plaintiff's complaint constitute conclusions of law to which no response is required. To the extent that they are deemed factual in nature they are denied. By way of further answer, reference is made to the answer to Paragraph 3. By way of further answer, the materials provided by Plaintiff did not match those requested by Defendant. 5. Denied as stated. It is specifically denied that the amount identified is due and owing. It is admitted that Plaintiff has made several demands for payment to which the Defendants have refused. WHEREFORE, Defendant respectfully requests the Court enter judgment in its favor and against the Plainti~.. NEW MATTE~R 6. The answers contained in Paragraphs 1-5 are incorporated herein as though set forth in their entirety. 7. Plaintiff's complaint fails to state a cause of action upon which relief can beg ranted. 8. 9. Plaintiff.failed to produce the materials as ordered by the Defendant. Defendant was required to spend additional time and material in order to rectify Plaintiff's mistake. 10. The fair value of these materials and expenditures by the Defendant is $10,443.00. Plaintiff's employees, acting in positions of authority, acknowledged the modification of the materials as ordered prior to manufacturing the same. 12. Having produced materials not in compliance with the orders of the Defendant, PlaintiWs current claim fails due to lack of adequate consideration. 13. To compensate Plaintiff for materials that did not comport with the specifications issued by the Defendant would constitute unjust enrichment to the Plaintiff. WHEREFORE, Defendant respectfully requests that judgment be entered in its favor and against the Plaintiff. Dated: September 10, 2003 Respectfully submitted, GOLDBERG KATZMAN & SHIPMAN, p.C. 320 Market Street Harrisburg, PA 17108 (717) 234-4161 Attorney for the Defendant ~8/28/2008 08:55 FAX ?17 284 8808 GOLDB£RG KATZMAN & gHIPM ~005/005 l, Anthony J. Forlizzi, hereby acknowledse that I h~vc read the tbregoing Answer and New Matter and that the tams stated therein are true and correct to the best of my knowledge, information and belie£ ! understand that any falsc statements herein are made subject to penalties of' 18 Pa. C.$. Section 4904, relating to unswotn falsification to authorities. ~, ~:r~'~..z... f ' Anthony J. Forlia(~i, President CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Robert Kodak, Esquire Knupp, Kodak & Imblum, P.C. 407 N Front Street Harrisburg, PA 17101 Date: September 10, 2003 GOLDBERG, KATZMAN & SHIPMAN, P.C Whom~s-J. We6er, F~q ' ~ Attorney I.D. No. ~88S3 SHERIFF'S RETURN - REGULAR CASE NO: 2003-03964 P COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOLZ RUBBER COMPANY INC VS PREFERRED SHEET METAL INC ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon PREFERRED SHEET METAL INC DEFENDANT , at 1532:00 HOURS, on the 20th day of August at 2250 MILLENNIUM WAY ENOLA, PA 17025-1488 ROSEY ARNOLD, SECRETARY Sheriff or Deputy Sheriff of who being duly sworn according to law, SUITE 200 by handing to a true and attested copy of COMPLAINT & NOTICE the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this 2q~ day of So Answers: R. Thomas Kline 08/21/2003 KNUPP KODAK IMBLUM /D'eputy Sheriff HOLZ RUBBER COMPANY, INC., Plaintiff : PREFERRED SHEET METAL, INC., : : Defendant : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND cOUNTY, PENNSYLVANIA NO. 2003-03964 CIVIL DIVISION - LAW PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE_ TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for the Plaintiff. Dated: / ]/~::z ,2003 Respectfully s~ '- Robert D.Kodak, Esquire pA. I.D. No. 18041 Attorney for Plaintiff 407 N. Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 - Phone Date: Please enter the appearance of the undersigned on behalf of Holz Rubber Company, Inc. Respectfully submitted, METTE, EVANS & WOODSIDE By: Ambrose W. Heinz~ Esquire Sup. Ct. I.D. No. 91021 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff, Holz Rubber Company, Inc. ,2003 385993vl HOLZ RUBBER COMPANY, 1NC. Plaintiff, PREFERRED SHEET METAL, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. -~II.~3.~CIVIL TERM CIVIL DIVISION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 6. The averments contained in Paragraph 1 through 5 in the Complaint are incorporated herein by reference as if set forth in full. To the extent that a response is required to the averments contained in Paragraph 3 of Defendant's Answer, those averments are deemed denied as more fully set forth below. 7. Denied. The statements in Paragraph 7 of Defendant's New Matter constitute conclusions of law to which no response is required, and are therefore, deemed denied. 8. Denied. Plaintiffproduced materials in compliance with Defendant's approved drawings and purchase order. In the alternative, even if the goods provided by Plaintiff were not conforming to the original contract, Defendant is still required to pay for them because Defendant did not reject those goods nor did it notify the Plaintiffthat the goods were non- conforming and allow it to cure the deficiency within a commercially reasonable time. Instead Defendant accepted the goods and further exercised control over the tendered goods contrary to Plaintiff's ownership by altering said materials. 9. Denied. It is specifically denied that Plaintiff made any mistake with respect to the materials produced at Defendant's request and therefore any additional time or materials expended was due to Defendant's mistake in submitting the specifications to Plaintiff: 10. Denied. By way of further answer, it is averred that the Defendant unlawfully retained Ten Thousand Four Hundred Forty-Three Dollars ($10,443.00) owing and due to Plaintiff as a means of off-setting costs incurred as a result of their own mistake. 11. Denied. It is specifically denied that any of PlaintilTs employees accepted or acknowledged any modification of the materials produced following their receipt of written instructions for immediate fabrication. Furthermore, any asserted modification to the agreement is barred by operation of the Statute of Frauds, concerning modification ora contract for sale of goods for the price of $500.00 or more, found in Article 2 of the U.C.C., as adopted by Pennsylvania in 13 Pa.C.S. §2209. 12. Denied. The statements made in Paragraph 12 of Defendant's New Matter constitute conclusions of law to which no response is required and are therefore, deemed denied. To the extent that a response is required, it is specifically denied that Plaintiff's claim fails due to lack of consideration because Plaintiff has produced specially manufactured materials in accordance with the specifications provided by the Defendant, for which Defendant agreed to pay. 13. Denied. The statements made in Paragraph 13 of Defendant's New Matter constitute conclusions of law to which no response is required and are therefore, deemed denied. To the extent that a response is required, Plaintiffspecifically avers that it tendered goods conforming with the specifications provided by Defendant, and Defendant thereafter accepted such goods. By way of further answer, Plaintiffcan not be unjustly enriched because Plaintiff has requested only the amount contracted for, and has fully performed its end of the bargained- for-exchange, WHEREFORE, Plaintiff requests that Defendant's New Matter be dismissed and judgment be entered in accordance with the prayer of its Complaint. Respectfully submitted, By: Ambrose W. Heinz, Esquire Sup. Ct. I.D. No. 91021 Kathryn L. Simpson, Esquire Sup. Ct. I.D. No. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Date: /g/2Z/~3 ~ 03 407-804-0~3 VER~ICAT~ON Name Title verify that the statement~ made ha the a foregoing document are true and corr~t W the best of my lmowledge, information and belief; to the extent that th~ content of the fi*rego/ng doe~aent is that of counsel, 1 have relied upon counsel in malting th/s verification. I understand that any fa/se statements made her~qn are subject to the penalties of 18 Pa.C.S.^. ~4904, re/ating to unswom falsification to authorities. HOLZ RUBBER CO. MPbA'qY, INC. DATE: 387136v! CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing docmnent upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United State Mail, Harrisburg, Pennsylvania certified, return receipt requested, with first class postage, prepaid, as follows: Thomas J. Weber, Esq. Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108 Date: By: METTE, EVANS & WOODSIDE Ambrose W. Heinz, Esquire Sup. Ct. I.D. No. 91021 Kathryn L. Simpson, Esquire Sup. Ct. I.D. No. 28960 3401 North Front Street P, O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff $87117vl HOLZ RUBBER COMPANY, INC., Plaintiff V. PREFERRED SHEET METAL, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: C~-3964 CIVIL TERM CIVIL DIVISION - LAW PETITION FOR APPOINTMENT OF ARBITRATOR~ TO THE HONORABLE, THE JUDGES OF SAID COURT: Plaintiff, Holz Rubber Company, Inc., by its undersigned counsel, METTE, EVANS & WOODSIDE, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $10,442~.00 for unpaid costs of goods delivered to Defendant plus interest. Defendant has not asserted any counterclaims in this action. 3. The following attorneys have an interest in this case as counsel or are otherwise disqualified to sit as arbitrators: METTE, EVANS & WOODSIDE Ambrose W. Heinz, Esquire Kathryn L. Simpson, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas J. Weber, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 WHEREFORE, Petitioner appraised Your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 398614 BY: Respectfully submitted, METTE, EVANS & WOODSIDE Ambrose W. Heinz, Esquire Supreme Court 1.13. #91021 Kathryn L. Simpson, Esquire Supreme Court I.D. #28960 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Holz Rubber Company, Inc. 2 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Thomas J. Weber, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 METTE, EVANS & WOODSIDE DATE: ~/l~fO~l BY: Ambrose W. Heinz, Esquire Supreme Court I.D. #91021 Kathryn L. Simpson, Esquire Supreme Court I.D. #28960 3401 North Front Street P.O. Box 5950 Harrisburg, PA 1'7110-0950 Attorneys for Holz Rubber Company, Inc. 398614vl HOLZ RUBBER COMPANY, 1NC., Plaintiff V. PREFERRED SHEET METAL, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: ~1~-3964 CIVIL TERM CIVIL DIVISION - LAW ORDER AND NOW, this / ? ~ day of (~64t)~ ,2004, upon consideration of the Petition of Holz Rubber Company, Inc. for the appointment of arbitrators; IT IS HEREBY ORDERED and DECREED that the following three arbitrators are appointed: ~g~4~ /~2~4./~, Esquire; ~ ~' ~9.~,.~/f~ ~l~squire, and .~t~/' ,~_~og~x.~ , Esquire in these proceedings, f Distribution to: Ambrose W. Heinz, Esquire Mette, Evans & Woodside Thomas J. Weber, Esquire Goldberg, Katzman & Shipman, P.C. BY THE COURT: Thomas J. Weber, Esquire - I.D. #58853 Ooldberg, Katzman & Shipman, P.C. 320 Ma~cet Street P. O. Box 1268 Harrisburg, PA 1.7108-1268 (717) 234-4161 Attorney,for Defendant -~OLZ RUBBER COMPANY, INC., IN THE COURT OF COMMON PLEAS, Plaintiff PREFERRED SHEET METAL, INC., Defendant CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03-3964 CIVIL ACTION - LAW NOTICE OF APPEAL OF AWA[tD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Defendant, Preferred Sheet Metal, Inc., hereby appeals to the Court of Common Pleas of Cumberland County from the award of the arbitrators entered in the above case on September 14, 2004. [] A jury trial is demanded. (If box is not checked, jury trial is waived). I hereby certify that (check appropriate box): The compensation of the arbitrators has been paid; or made to~)rn~~ u eris. Application has been Attorn~yfi~r Apl! ~ uire Arbitration fees ($290.00) received on the 13 ~4Jytay of October, 2004. Notices sent to: __, 2004. on Deputy Prothonotary c CERTIFICATE OF SERVIC_E On this 12~h day of October 2004, I certify that the original and one copy of the foregoing was served upon the following counsel of record by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Ambrose W. Heinz, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorn~ ~s for Respondent