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HomeMy WebLinkAbout01-6220IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NORTHEAST PAINTING AND COMMERCIAL COATINGS 3219 Augusta Avenue Scranton, PA 18508 VS. LYONS CONSTRUCTION SERVICES, INC. 5237 E. Trindle Road Mechanicsburg, PA 17055 and : UNITED STATES FIDELITY AND GUARANTY CO. and ST. PAUL COMPANIES t/a ST. PAUL SURETY P. O. Box 1138 Baltimore, MD 21203-1138 : TO THE PROTHONOTARY: PRAECIPE FOR SUMMONS PENNSYLVANIA CIVIL ACTION Issue Summons in Civil Action in the above case. Writ of Summons shall be forwarded to ~_ Atto~'~V x Sheriff RobiE. cherwony, Esquire 1311 Spruce Street /~1~/~/ Philadelphia, PA lg107 215-54G-5100 Date: ~ ID Number: 17623 To: SUMMONS IN CIVIL ACTION LYONS CONSTRUCTION SERVICES, INC. 5237 E. Trindle Road Mechanicsburg, PA 17055 and UNITED STATES FIDELITY AND GUARANTY CO. and ST. PAUL COMPANIES t/a ST. PAUL SURETY P. O. Box 1138 Baltimore, MD 21203-1138 You are notified that action against you. SEAL OF THE COURT Date: (~ ~p~ ~(~ the Plaintiff (s) has/have commenced Prothonotary 6~ Deputy ProthonotWary Addresses must be included for all parties. 5 SHERIFF'S RETURN - REGULAR CASE NO: 2001-06220 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTHEAST PAINTING AND COMMERC VS LYONS CONSTRUCTION SERVICES HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LYONS CONSTRUCTION SERVICESthe DEFENDANT , at 0944:00 HOURS, on the 31s% day of October , 2001 at 5237 E TRINDLE RD MECHANICSBURG, PA 17055 MARCIA ESPENSHADE, ASST SEC by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.15 Affidavit .00 Surcharge 10.00 .00 35.15 Sworn and Subscribed to before me this g ~ day of ~ ~2~W;/ A.D. ' ; Prothonotary ' / ~ So Answers: R. Thomas Kline ii/Oi/200i KRAFT & KRAFT By: D%puty Sheriff/ KRAI T & KRAI T, P.C. BY: Robert E. Cherwony, Identification No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 Esquire Attorney for Plaintiff(s) NORTHEAST PAINTING AND COMMERCIAL COATINGS 3219 Augusta Avenue Scranton, PA 18508 COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PA vs. LYONS CONSTRUCTION SERVICES, INC. 5237 E. Trindle Road Mechanicsburg, PA 17055 and UNITED STATES FIDELITY AND GUARANTY CO. and ST. PAUL SURETY P. O. Box 1138 Baltimore, MD 21203-1138 NO. CIVIL ~CTION COMPLAINT "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 OR CANNOT AFFORD ONE, ~O TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CIVIL ACTION AT LAW 01-6220-civil Term "AVISO" "Le han demandado a usted en la corte. Si usted quiets defenderse de este demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo &l partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus obJeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor dei demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o scs propiedades u ostros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABO~ADO IMMEDIATAMENTE. SI NO TIEHE ABOGADO O SI NO TIENE EL DIHERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAMEPOR TELEFONO A LA OFIICINA CUYA DIHECCION SE ENCUENTBA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." Court Administrator Courthouse, 4th Floor i courthouse Square Carlisle, PA 17013 KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 Esquire Attorney for Plaintiff(s) NORTHEAST PAINTING AND COMMERCIAL COATINGS 3219 Augusta Avenue Scranton, PA 18508 COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA LYONS CONSTRUCTION SERVICES, INC. : 5237 E. Trindle Road Mechanicsburg, PA 17055 and UNITED STATES FIDELITY AND GUARANTY CO. and ST. PAUL SURETY P. O. Box 1138 Baltimore, MD 21203-1138 : CIVIL ACTION AT LAW No. 01-6220 civil Term CIVIL ACTION 1. On or about May 24, 1999, the plaintiff by its duly authorized agent and the defendant(s) entered into a written contract a copy of which is attached hereto, and made part hereof, and marked Exhibit "A". 2. Under the terms of said written contract, the plaintiff agreed to sell to the defendant(s), and the defendant(e) agreed to purchase the merchandise and/or services set forth therein, and the defendant(s) agreed to pay for such merchandise and/or services in accordance with the terms of said written contract. 3. The plaintiff has done all the things required of it under the terms of the said written contract, but the defendant(s) failed to make the required payments and are now indebted to the plaintiff in the amount of $21,200.60. 4. The plaintiff has made demand upon the defendant(s) for payment of the said sum, but the defendant(s) failed and refused and still refuse(s) to pay the said sum or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $21,200.60, plus interest in the amount of $1,597.81, for a total of $22,798.41, plus costs, all of which is justly due and owing from the defendant(s) to the plaintiff. Attorney for Plaintiff ST PRUL CO 5an 22 2002 16:50 P. 02 THE AMERICAN' INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS aOHD IS ISSUED SIMULTANEOUSLY WITH ple~eORMANCE IOHD IN FAVOR OF THE OWN.eR CONDITIONID ON TH-: FULL AND ~AITH~UL p~FORMANCE O~ THE CONTRA~ KNOW ALL MEN BY THESE PRESENTS: that as Principal hereinafter called Principal~ and, aS Sure~y, hereinaker tilled Surety, are head ~nd firmly bound as Obli{ee, hereinafter called Owner, ~or the use and benefit of daimanis as hereinbelow defined, in ~he amount of '{~ ~I0{ MI~ ~D ~~ ~Og~ .... ~0/100 (Here {n~er~ I sam e~a~l to at {eas~ one,~ilf of ~he contricl p~Cel Dui{ars ($11,9~3,000.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, ~ecutors, administrators, succes~o~ and assigns, jointJy and severally, firmly by these presents. WHEREAS, Principal has by written a§reement dated 19 , entered into a contract with Owner for ~ERL CO~STRUC'TZON FOE TI~ PLFaa~RNT VALL,]~ ZNT~P,M~DI,RTE SCHOOL Ml~=~s PA 18701 which contrac~ is by re[erence made a part hereof, and is hereinafter referred to as the Contract Name: BUSH ANGELA M Reg~ or SS#: B-8124 Address: WHISPERING PINES BLVD PINE GROVE PA Age: 21 Height (in): 69 Sex: F Weight (lbs): 143 Exam Date: Referred by: Referred for: Primary MD: EMG Consultant: Test Location: Special Code: DR FARALLI MD RHT U/E a/o CTS DR. EARL BRINSER, DO NARENDRA DHADUK,MD,MPH OFFICE Case #: SI29A01 Page No.: 1 of 2 NERVE I ,AMPLITUDE LATENCY (ms) CONDUCTION VELOCITY ~ ~mV or uV) Onset Peak m sec ..... ( / ) Dlst mm) . ~t,mulat_ Record [ R L R L R L From To R L R L 1.4 ~.8 Palm Wrist $8.4 80 Palm 56.0 1.3 1.6 Palm Wrist 64.0 80 Median Motor Wrist Thenar 8.4 3.3 Wrist Thenar 70 Elbow . 8.0 7.3 Hypothen 12.1 2.5 B Elbow " 10.2 5.9 A Elbow " 10.3 6.9 INSERTIONAL/SPONTANEOUS VOLUNT MOTOR UNIT other N ccont~nued next page> ST PaUL C0 Jan 22 2002 16:$1 P.O$ L&BOR'-AND MATERIAL PAYMEN' 'BOND lowing conditions: % A claimant i~, defined as one havin$ a direct con- tract with the Principal or w~th a Subcontractor of the Principal for JabOt, malarial, or bolh, used or reasonably required for use in the performance Of the Contract, labor and ma~erlal bein~ cOnStrued ~o include that part of water, gas. power, IJ~ heah oil ~asohne, telephone sen'ice or rental Of e~uipmem directly ~pp cable o the Comract. 2. The above named Pdndpa~ an~ Suresy hereby" joinUv and severally a~ree wi~h the Owner that every claimant as here~n defined, who has not been pa~d jn full before the expiration of a period o~ ninety (90~ days af~e~ the dale on whi¢~ the [as~ of such cla~manCs work or tabo~ was done or performed, or m~etials were furnished by such ctaimanh may sue on ~hJs bond ~or judgment for such sum or ~ums as may be just v due claimant and have execution thereon. The O~dner shall not be liable foe the payment of any costs Or expenses of any such suit. ~. No suit Or action shall be commenced hereunder by any claimant: a) Unless claimanh o~her than one having a direcl contract with ihe Principal shall have given w~itien notice ~o any Iwo of Ihe ~ollowln~: Ihe Principal, he Owner, ~f ~he Surety above named, within ninety I90) days abet such ¢latman~ did or performed the last of the work of labor, or furnished the last of the maletlals far which said claim is made:~tatlng with substantial accuracy Ihe amount claimed and the name of the patty tO whom lhe ma~erisi_'- ',,,.~.,e iumished, or for whom the work or labor was done or performed, Such notice shall be sen, ecl by maJlinB the same by reglatered mail or certified mail, postage prepaid, in an envelope ed. dressed to the Prne pal, Owner or Surety. st any place where an office b r~gularK.' maintained for the trans- action o; business, or served in any manner in which lc:M proc."s.~ r~y be ;~r',.e~ in the state in which the aforesaid proiect is located, save that such service need not be made by a public of{leer. b) Alter the expiration of one ("Il year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any ~imhafion em- bodied in this bohd is'prohiblted by any law controlling the construction hereof such limitation shall be deemed to b~ amended so as to be ec~ual to the minimum period of limitation permitted by such law. c) Other than ;na state court of competent jurisdiction in and for the count)' or other political s~bdlvlsion of the state in which the Proiect, or any~ part thereof, is s)tuated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of ~his bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, incJusive Of the payment by Surety of mechanics' liens which may be fi[e~l of record against said Improvement, whether or not Clalm for the amount of such lien be presented under and against this bond. Signed and sealed this day of MAT 1999 I,¥C~S OOteSTRUCTION BR~VZ0I19. Iii0. fprm¢ipdl) A.I,SON O. 'dOL,C~tlT, ~;TI, - A't'Z'OP,.hq~ ~H PACT A~A DOCI;MIN! A~11 , I,IJ(rC)#MANCI B¢:*N[~ AND LAflt)K AN~I M^~[~(IA~ Ii'AYMIN1 R~')ND , AIA I~ [ BUSH AI~GELA Ii 9/29/98 ELECTRONEURO RAPHY REPORT - Page 2 of 2 Summary: Nerve conduction ~tudies of the right upper extremity, showed normal; distal motor latency, conduction velocity and compound muscle action potential amplitudes of ~th median and p%nar n~rve~..The ~nsory study showed normal sensory latencies and ~=nsory nerve ac~on ponentla£ amplitudes. Disposible concentric needle electrode examination of right upper extremity including cervical paraspinal muscles was also normal, as recorded above. Interoretation [1] Normal study of right upper extremity, [2] There is no electrodia~nostic evidence of a right upper extremity radiculopathy, plexopathy or mononeuropathy as seen in carpal tunnel syndrome. Thank you for giving me an opporti:nJtv to participate in Mrs. Bush's Electrodiagnostic care. Please feel free t~ call me for any questions As always we appreciate your trust and referrals. NARENDRA DHADUK, MD, MPH Staff Physician Robert E. Cherwony, Esquire hereby states that he is the Attorney for Plaintiff 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 therein are made subject to the penalties 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendants NO. 01-6220 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Sudhir R. Patel, Esquire, as counsel for the above-captioned Defendants, Lyons Construction Services, inc., United States Fidelity and Guaranty Co. and St. Paul Surety. Respectfully submitted, RI LEY~ SUD'HIR R. PATEL, ESQUIRE Attorney I.D. No. 75914 The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 (570) 622-2455 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been served on the following person(s) in the following manner: BY FIRST-CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Robert E. Cherwony, Esquire KRAFT & KRAFT, P.C. 1311 Spruce Street Philadelphia, PA 19107 DATE: j'~nnifer I~. Hepler, Secretary to SUDHIR R. PATEL, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAI~ CIVIL ACTION - LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendants NO. O1-6220 NOTICE TO: Northeast Painting and Commercial Coatings C/O Robert F. Cherwony, Esquire KRAFT & KRAFT, P.C. 1311 Spruce Street Philadelphia, PA 19107 YOU ARE HEREBY NOTIFIED TO FILE A WRI'I-~EN RESP( DEFENDANT, LYONS CONSTRUCTION SERVICES, INC.'S, COt NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HE JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submittec RILEY AND FANELLI, P. The Necho Allen No. 1 Mahantongo Strt Pottsville, PA 1 7901 (570) 622-2455 D COUNTY, PA )NSE TO THE INTERCLAIM AND ~EOF OR A J4IRE :et IN THE COURT OF COMMON PLEAS OF CUMBERLAN CIVIL ACTION - LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendants NO. 01-6220 DEFENDANTS' ANSWER TO PLAINTIFF'S COI~ AND NOW, come Defendants, Lyons Construction Se~ United States Fidelity and Guaranty Co. and St. Paul Surety through their undersigned counsel, and answer the Compl~ Northeast Painting and Commercial Coatings ("Northeast"), 1. It is admitted that Northeast Painting and Lyo~ contract. By way of further answer, said contract speaks fo the purported contract attached as Exhibit "A" to the Com and is not a complete copy of the contract. 2. No response required insofar as the contract speaks for itself. 3. It is specifically denied that Northeast has don, of it under the terms and conditions of the contract and co .1- D COUNTY, PA PLAINT vices, Inc. ("Lyons"), "USF&G"), by and int of Plaintiff, as follows: entered into a itself. However, ~int is unsigned ~tween the parties all things required ~tract documents. By way of further answer, there remain numerous items of unaccepted work, which incomplete and unaccepted work aware of by Lyons and which Northeast failed to remedy. Lyons was forced to perform the work with its own forces ¢ forces to complete Northeast's scope of work resulting in 4. It is admitted that payment has not been mad Lyons, however, Lyons is entirely justified in not making pa by virtue of Northeast's failure to complete the scope of w~ remedy deficient workmanship. By way of further answer, default Northeast. WHEREFORE, Defendants, Lyons Construction Service ncomplete or Iortheast was made s a consequence, r hire additional osts to Lyons. to Northeast by ~ment to Northeast rk or otherwise fons was forced to Inc., United States Fidelity and Guaranty Co. and St. Paul Surety, respectfully Honorable Court grant judgment in their favor and against Painting and Commercial Coatings, together with any other Honorable Court deems just and appropriate. 2. 3. satisfaction. NEW MA'I fER Northeast's claims are barred by the doctrine Northeast's claims are barred by the doctrine Northeast's claims are barred by the doctrine -2- r,:quest that this Plaintiff, Northeast such relief as this f unclean hands. f laches. f accord and Northeast was terminated with adequate legal Northeast's claims are barred by failure of con COUNTERCLAIM 1. Counterclaim Plaintiff is Lyons Construction Se Pennsylvania corporation organized and existing under the Commonwealth of Pennsylvania with a principal place of bu 5237 East Trindle Road, Mechanicsburg, Cumberland Coun 17055. 2. Plaintiff and Counterclaim Defendant is Northe Commercial Coatings, which is believed to be a Pennsylvani organized and existing under the laws of the Commonweal with an address and principal place of business located at Avenue, Scranton, Lackawanna County, Pennsylvania 1850~ 3. Lyons and Northeast entered into a contract p~ Northeast was to perform certain work in connection with Intermediate School District Construction Project. The cot documents governing the Lyons-Northeast contract are not Counterclaim since both parties are believed to be in posse contract documents and because the contract documents a to attach. -3- ustification. dderation. ~vices, Inc., a laws of the siness located at :y, Pennsylvania ~st Painting and a corporation :h of Pennsylvania ;219 Augusta rsuant to which he Pleasant Valley :ract and contract attached to this ssion of the re too voluminous 4. In complete disregard for its contractual oblig~ failed to complete in a timely manner its scope of work anc performed scope of work items that were either deficient o 5. As a result of Northeast's incomplete and/or d workmanship, Lyons was forced to terminate and default N 6. As a consequence of terminating and defaultin was forced to complete Northeast's scope of work with its additional forces. Lyons' cost to complete and/or remedy work came to $ 19,265.00. 7. Lyons has satisfied all conditions precedent to defaulting Northeast and in completing Northeast's scope $. Northeast was without legal justification in fail and/or remedy its scope of work deficiencies and incomple 9. Northeast's failure to complete its scope of wo complete work in a workmanlike manner constitutes a brea Northeast. 10. As a consequence of Northeast's breach of con entitled to recover its damages in the amount of $ 19,265.~ WHEREFORE, Defendant and Counterclaim Plaintiff, L~ Services, Inc., respectfully requests that this Honorable Cot in its favor and against Plaintiff and Counterclaim Defendar -4- tions, Northeast otherwise incomplete. ~ficient ~rtheast. Northeast, Lyons wn forces and with ~ortheast's scope of terminating and )f work. ng to complete :e items of work. rk and otherwise :h of contract by tract, Lyons is )0. ~ons Construction rt grant judgment t, Northeast Painting and Commercial Coatings, in the amount of $ 1 9,~ interest, costs, attorney's fees, and any other such relief as Court deems just and appropriate. Respectfully submitte RI L~P. SU~)HIR R. PATEL, ESQ Attorney I.D. No. 759 The Necho Allen No. 1 Mahantongo St~ Pottsville, PA 17901 (570) 622-2455 -5- 65.00, exclusive of this Honorable JIRE 4 .~et VERIFICATION I, SUDHIR R. PATEL, ESQUIRE, certify and represent thal foregoing Answer with New Matter and Counterclaim and that I h~ same with the principal of Lyons Construction Services, Inc. I furl represent that, to the best of my knowledge, information and belie averments set forth in the foregoing Answer with New Matter and and correct to the best of my knowledge, information and belief. I further certify that any statements made in the foregoing Matter and Counterclaim are made subject to the penalties of 18 relating to unsworn falsification to authorities. Finally, I certify and represent that I am make this verificat Construction Services, Inc. and United States Fidelity and Guara~ Paul Surety because I was unable to secure the verification from timely manner. I further certify and represent that a substitute vel with the Court promptly. Date: June 17, 2002 SUDHIR R. PATEL I have prepared the ~ve reviewed the her certify and f, all of the facts and ;ounterclaim are true ~swer with New 3a. C.S.A. §4904, 3n on behalf of Lyons lty Company and. St. :hose defendants in a ification will be filed CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoin~ Complaint, with New Matter and Counterclaim, has been served person in the following manner: BY FIRST CLASS MAIL, POSTAGE PREP,~ ADDRESSED AS FOLLOWS: DATE: June 17, 2002 Robert E. Cherwony, Esquire Kraft & Kraft, P.C. 1311 Spruce Street Philadelphia, PA~ SU DH I'R'IS,. PATEL,~ Answer to Plaintiff's ,n the following UIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendants NO. 01-6220 TO: Northeast Painting and Commercial Coatings, 3219 Augusta Avenue Scranton, PA 18508 DATE OF NOTICE: January 20, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYIER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFIICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 1 7013 800/990-9108 RILEY AN~J~ANELLI, P.C. SUDHIR R. PATEL, ESQUIRE Attorney I.D. No. 75914 The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 Phone: (570) 62:2-2455 Fax: (570) 622-.5336 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Notice of Default has been served on the following person(s) in the following manner: BY FIRST CLASS MAIL, POSTAGE PRE-PAID ADDRESSED AS FOLLOWS: Northeast Painting and Commercial Coatings 3219 Augusta Avenue Scranton, PA 18508 DATE: ~nifer M: Hepler, Secret~ry-~-o' SUDHIR R. PATEL, ESQUIRE KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 Attorney for Plaintiff(s) NORTHEAST PAINTING AND COMMERCIAL COATINGS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. LYONS CONSTRUCTION SERVICES, INC. and UNITED STATES FIDELITY AND GUA_RANTY CO. and ST. PAUL SURETY CIVIL ACTION AT LAW NO. 01-6220-Civil Term REPLY TO NEW MATTER 1-5 Denied. The allegation contained in this paragraph is a conclusion of law to which no response is required, pursuant to the Pennsylvania Rules of Civil Procedure, and which is therefore deemed denied. ANSWER TO COUNTERCLAIM 1. Admitted. 2. Denied. On the contrary, Northeast is a partnership. 3. Admitted. 4. Denied. On the contrary, all work was completed in a professional and timely manner. 5. Denied. On the contrary, no work was incomplete or deficient, and, therefore, Lyons was not "forced" to terminate and default Northeast. 6. Denied. On the contrary, Lyons was not ,'forced" to complete Northeast's scope of work. Strict proof demanded with regard to the alleged figure of $19,265.00. 7-10 Denied. The allegations contained in these paragraphs are conclusions of law to which no responses are required, pursuant to the Pennsylvania Rules of Civil Procedure, and which are therefore deemed denied. plus costsWHEREFORE, Plaintiff requests judgem~fht, i~ts//~ favor Robert E. Ch~erwony, Esquire Attorney for Plaintiff I, the un~em~igned, in my capacity as ~7~~ ~ facts set forth in the ~regoing Complaint are true and correct to the best of my knowledge or information and belief. I make this Verification subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false statements, I may be subject to criminal penalties. P~fnt or Type Name ' NORTHEAST PAINTING AND COMMERCIAL COATII~GS V® LYONS CONSTRUCTION SERVICES, INC. and UNITED STATES FIDELITY AND ~ARANTy ~0. ~mnd ST. PAUL SURETY RULE 1312-1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6220 CIV~ 01 The Petition for Appointment of Arbitrators shall be substantially ih the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert: E. Cherwon¥, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: - 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 19. :~t~,~.~0 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. ( ORDER OF COURT AND NOW, /~.,Z./,~/Pf' :, l'9a~'in co~eratio, of the foregoing petition, actions) as Prayed fo~, , Esq., are appointed arbitrators in the above captioned action (or By the Co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendants NO. O1-6220 DEFENDANTS' MOTION TO VACATE APPOINTMENT OF ARBITRATOR~ AND NOW, come Defendants, Lyons Construction Services, Inc. ("Lyons"), United States Fidelity and Guaranty Co. and St. Paul Surety ("USF&G"), by and through their undersigned counsel, and Motion this Honorable Court to Vacate the Appointment of Arbitrators, and in support thereof, state as follows: 1. This case arises out of the Pleasant Valley Intermediate School District construction project in Monroe County, Pennsylvania. 2. Plaintiff, Northeast Painting and Commercial Coatings ("Northeast"), was a subcontractor to Lyons. 3. On or about October 31,2001, Northeast initiated this lawsuit by filing a Praecipe for Writ of Summons in the Court of Common Pleas of Cumberland County and subsequently filed its Complaint on January 31,2002. -I- 4. On June 18, 2002, Lyons and USF&G filed an Answer with New Matter and Counterclaim against Northeast. Northeast never pursued any discovery in this case. Lyons did not pursue any discovery since Lyons had filed a Notice 6. of Default. 7. Northeast subsequently listed this matter for arbitration; however, Northeast never provided Lyons and USF&G's counsel with any written notice of its intention to list this matter for arbitration. Had Northeast done so, Lyons and USF&G would have objected to this case being listed for arbitration without any discovery having been pursued. 8. Lyons and USF&G wish to pursue discovery since it is now apparent that Northeast wishes to move this case forward. 9. Lyons and USF&G will be unfairly prejudiced without being able to pursue discovery in this case. 10. Conversely, Northeast will suffer no prejudice by Lyons and USF&G pursuing discovery. This is especially true given the fact that Northeast started this case on October 31,2001 and has waited until 2003 to list this case for arbitration. -2- WHEREFORE, Defendants, Lyons Construction Services, Inc., United States Fidelity and Guaranty Co. and St. Paul Surety, respectfully request this Honorable Court to grant their Motion to Vacate the Appointment of Arbitrators to permit them to pursue discovery in this case. Respectfully submitted, RILEY AND/F~ANELLI, P.C. SUDHIR R. PATEL, ESQUIRE Attorney I.D. No. 75914 The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 Phone: (570) 622-2455 Fax: 9570) 622-5336 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy o1: Defendants' Motion to Vacate Appointment of Arbitrators has been served on the following person(s) in the following manner: BY FIRST-CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Robert E. Cherwony, Esquire KRAFT & KRAFT, P.C. ] 31 1 Spruce Street Philadelphia, PA 19107 .l~;~ifer (01: Hepler, ~-~tary~o SUDHIR R. PATEL, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NORTHEAST PAINTING AND : COMMERCIAL COATINGS, : Plaintiffs : VS. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendants NO. 01-6220 AND NOW, this ORDER 2003, upon consideration of Defendants' Motion to Vacate the Appointment of Arbitrators, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that that parties shall have .~_ day's from the date of this Order to serve and complete discovery. BY THE COURT., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendants NO. 01-6220 MOTION TO COMPEL DIRECTED TO NORTHEAST PAINTING AND COMMERCIAL COATINGS AND NOW, comes Defendant, Lyons Construction Services, Inc., ("Lyons"), United States Fidelity and Guaranty Co. and St. Paul Surety ("USF&G"), by and through its undersigned counsel, and Motion this Honorable Court to Compel the above-captioned Plaintiff, Northeast Painting and Commercial Coatings ("Northeast"), to provide Answers to Defendants' Fir:it Request for Production of Documents, and in support thereof, states as follows: 1. This case arises out of the Pleasant Valley Intermediate School District construction project in Monroe County, Pennsylvania. 2. Plaintiff, Northeast, was a subcontractor to Lyons. -1- 3. On June 27, 2003, Lyons and USF&G served discovery in the form of a Request for Production of Documents on Northeast. The Defendants' Request for Production of Documents is attached as Exhibit "A." 4. Plaintiff, Northeast, has failed to provide Answers to the Request for Production of Documents, despite repeated demand. 5. More than thirty days' time has passed since the serving of Northeast's Request for Production of Documents. WHEREFORE, Defendants, Lyons Construction Services, Inc., United States Fidelity and Guaranty Co. and St. Paul Surety, respectfully requests that this Honorable Court GRANT its Motion to Compel the Plaintiffs, Northeast Painting and Commercial Coatings, to Answer the First Reque~st for Production of Documents or suffer the appropriate sanctions. Respectfully submitted, RILEY AND FANFLLI, P.C. SUDHIR R. PATEL, ESQUIRE Attorney I.D. Ne,. 75914 The Necho Aller~ No. 1 Mahantongo Street Pottsville, PA 17901 (570) 622-2455 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Defendants' Motion to Compel has been served on the following person(s) in the following manner: BY FIRST-CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Robert E. Cherwony, Esquire KRAFT & KRAFT, P.C. 1311 Spruce Street Philadelphia, PA 19107 DATE: -3- 'i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs vs. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendants NO. 01-6220 DEFENDANTS' REOUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON PLAINTIFF, NORTHEAST PAINTING AND COMMERCIAL COATINGS AND NOW, come Defendant~,.Lyons Construction Services, Inc., United States Fidelity and Guaranty Co. and St. Paul Surety, by and through their undersigned counsel, and propound the following Request for Production of Documents.upon Plaintiff, Northeast Painting and Commercial Coatings, pursuant to the Pennsylvania Rules of Civil Procedure: Any and all documents requested herein shall be made available for inspection and/or copying at the offices of Sudhir R. Patel, Esquire, Riley and Fanelli, P.C., The Necho Alien, No. 1 Mahantongo Street, Pottsville, PA 17901 within thirty (30) days after the date of service hereof. .i- DOCUMENTS TO BE PRODUCED 1. Any and all documents that Northeast Painting reasonably anticipates utilizing at the trial or arbitration of this case. Painting. Any and all correspondence to Lyons Construction from Northeast Painting. Any and all correspondence from Lyons Construction to Northeast True and correct copies of all invoices :Gent to Lyons Construction in connection with the Project that is the subject of this litigation. 5. All payment applications sent to Lyons Construction in connection with the Project that is the subject of this litigation. 6. All documents which in any way, shape or form relate to your damages claimed in the Complaint in this case. -2- 7. Any and all documents which in any way, shape or form substantiate your billings to Lyons in connection witch the project that is the subject of this litigation. 8. All expert witness reports which in any way, shape or form relate to this project and/or litigation. 9. All documents sent to experts which in any way, shape or form relate to this project and/or litigation. Respectfully submitted, RILEY AN~FANELLI, P.C. SUDHIR R. PATEL, ESQUIRE Attorney I.D. No. 75914 The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 Phone: (570) 622-2455 Fax: (570) 622-5336 -3- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Defendants' Request for Production of Documents has been served on the following person(s) in the following manner: BY FIRST-CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Robert E. Cherwony, Esquire KRAFT & KRAFT, P.C. 1311 Spruce Street Philadelphia, PA 19107 ~F~nnifer M: HePler,-Secre~aFy to · SUDHIR R. PATE. L, ESQUIRE -4- NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6220 CIVIL CIVIL ACTION - LAW 1N RE: DEFENDANTS' MOTION TO COMPEL ANSWERS TO DEFENDANTS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS ORDER AND NOW, this /5- ~ day of September, 2003, a rule is issued on the Plaintiffs to show cause why the relief requested in the within motion to compel answers to defendants' first request for production of documents ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs vs. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendant NO. 01-6220 MOTION TO MAKE RULE ABSOLUTE AND NOW, come Defendants, Lyons Construction Services, Inc. ("Lyons"), United States Fidelity and Guaranty Co. and St. Paul Surety ("USF&G"), by and through their undersigned counsel, and Motion this Honorable Court to Make Rule Absolute represents as follows: 1. On June 27, 2003, Lyons and USF&G served discovery in the form of a Request for Production of Documents on Northeast. 2. Despite repeated demand, Northeast failed to provide responses to Lyons and USF&G's discovery request which in turn forced Lyons and USF&G to file a Motion to Compel on September 5, 2003. A copy of Motion to Compel is attached as Exhibit "A." 3. On September 15, 2003, an Order of Court was filed by Judge Hess issuing a Rule Returnable to be made to show .cause why the Motion to Compel filed by Defendants should not be granted. See Exhibit "B." 4. Pursuant to this Court's September 15, 2003 Order, Northeast was ordered to show cause why Motion to Compel should not be granted within twenty (20) days, or October 13, 2003. 5. To date, no Rule Returnable has been filed showing cause why Defendants' Motion to Compel should not Northeast, has failed to provide any reason why Motion to Compel should not be granted. WHEREFORE, Defendants, Lyons Construction Services, Inc., United States Fidelity and Guaranty Co. and St. Paul Surety, respectfully request that this Honorable Court grant their Motion to Compel Answers to Defendants' First Request for Production of Documents. Respectfully submitted, RILEY AN~ANELLI, P.C. SUD IRE Attorney I.D. No. 75914 The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 Phone: (570) 622-2455 Fax: (570,) 622-5336 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute, has been served on the following person(s) in the following manner: BY FIRST-CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Robert E. Cherwony, Esquire KRAFT & KRAFT, P.C. 1 311 Spruce Street Philadelphia, PA 1 91 07 DATE: EXHIBIT "A " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS, LYONS CONSTRUCTION SERVICES, : INC., UNITED STATES FIDELITY : AND GUARANTY CO. AND ST. : PAUL SURETY, : '. 'Defendants : NO. 01-6220 ORDER AND NOW, this day of _, 2003, upon consideration of Defendants' Motion to Compel Answers to Defendants' First Request for Production of Documents, it is hereby ORDERED and DECREED that Said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiffs', Northeast Painting and Commercial Coatings, shall provide complete Answers to Defendants' First Request for Production of Documents within days of the date of this Order or suffer appropriate sanctions. BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION ' LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendants MOTION TO COMPEL DIRECTED TO NORTHEAST PAINTING AND COMMERCIAL c. OATINGS. AND NOW, comes Defendant, Lyons Construction Services, Iric., ("Lyons"), United States Fidelity and Guaranty Co. and St. Paul Surety ("USF&G"), by and through its undersigned counsel, and Motion this Honorable Court to Compel the above-captioned Plaintiff, Northeast Painting and Commercial Coatings ("Northeast"), to provide Answers to Defendants' First Request for Production of Documents, and in support thereof, states as follows: 1. This case arises out of the Pleasant Valley Intermediate School District construction project in Monroe County, Pennsylvania. 2. Plainti'ff, Northeast, was a subcontractor to Lyons. -1- 3. On June 27, 2003, Lyons and USF&G served discovery in the form ofaRequestf0r Production of Documents on Northeast. The Defendants' Request for Production of Documents is attached as Exhibit "A." 4. Plaintiff, Northeast, has failed to provide Answers to the Request for ProdMction of Documents, despite repeated demand. 5. More than thirty days' time has passed since the serving of Northeast's Request for Production of Documents. WHEREFORE, Defendants, Lyons Construction Services, Inc., United States Fidelity and Guaranty Co. and St. Paul Surety, respectfully requests that this Honorable Court GRANT its Motion to Compel the Plaintiffs, Northeast Painting and Commerd~l Coatings, to Answer the First Request for Production of Documents or suffer the appropriate sanctions. Respectfully submitted, RILEY AND FANELLI, P.C. SUDHIR R. PATEL, ESQUIRE Attorney I.D. No. 75914 The Necho Allen No. 1 Mahantongo Street Pottsville, PA 1 '7903 (570) 622-2455 -2- C~ERTIFI~CATE OF SERVICE I hereby cert fY that a true and correct copy of Oefendants' Motion to Compel has been served on the fo owing person(s) in the following manner: BY FIRST-CLASS MAIL, POSTAGE PREPAID AODRESSEO AS FOLLOWS: Robert E. Cherwony, Esquire KRAFT & KRAFT, P.C. ] 311 Spruce Street ~hiladelphia, PA 1 9107 DATE: -3- EXHIBIT "B" NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS. LYONS CONSTRUCTION : SERVICES, INC., UNITED : STATES FIDELITY AND : GUARANTY CO. AND ST. PAUL : SURETY, : Defendants : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS'~-LVANIA : : 01-6220 CIVIL : CIVIL ACTION - LAW 1N RE: DEFENDANTS' MOTION TO COMPEL ANSWERS TO DEFEN-D.~uNTS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS ORDER AND NOW, this /5- ' day of September, 2003, a rule is issued on the Plaintiffs to show cause why the relief requested in the within motion to compel answers to defendants' first request for production of documents ought notto be granted. This role returnable twenty (20) days after service. BY THE COURT, j~A. Hess, J. TRUE COPY FROM RECORD In TQstimony whereof~ I here unto set my hand and the seal of sei~ Court at Carlisle, Pa, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS. NO. O1-6220 LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY : AND GUARANTY CO. AND ST. PAUL SURETY, Defendant " ORDER OF COURT AND NOW, this __ t/' day of ~)~-,..¢~ ., 2003, upon Motion to Make Rule Absolute of Defendants, it is hereby ORDERED: 1. The Rule is hereby made ABSOLUTE. By the Court: NORTHEAST PAINTING AND COMMERCIAL COATIngS Ve LYONS CONSTRUCTION SERVICES, INC.. and UNITED STATES FIDELITY AND G'[~ARANTY CO. ~and ST. PAUL SURETY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6220 C1V~ 01 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially ih the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert E. Cherwony, Esquire . counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or ~actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ lC;; The counterclaim of the defendant in the action is The following attomeys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: ,.:,: ..~. :~?~-.~,,~, ..,%UD}IIR R. PATEL: E~qQIIIRE WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ANoNow, oregoin tition, actions) as prayed for. ORDER OF COURT ,'~,c70~< in consideration of the · Esq., are appointed arbitrators in the above captioned action (or By the ~ EJ. C') cz NORTHEAST PAINTING and COMMERCIAL COATINGS LYONS CONSTRUCTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · 01-6220 CIVIL TERM : CIVIL ACTION - LAW SERVICES, INC. and UNITED STATES FIDELITY AND GUARANTY CO. and ST. PAUL SURETY IN RE: ARBITRATION. ORDER OF COURT AND NOW, October 11,2004, the Court having been informed that the above case has been settled prior to hearing, the Board of Arbitrators previously appointed is hereby vacated, and Michael L. Bangs, Esquire, Chairman, shall be paid the sum of $50.00. By the Court, /~chael L. Bangs, Esquire .,,~alerie Faden, Esquire ,,,,Anthony Lucido, Esquire Court Administrator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NORTHEAST PAINTING AND COMMERCIAL COATINGS, Plaintiffs VS. LYONS CONSTRUCTION SERVICES, INC., UNITED STATES FIDELITY AND GUARANTY CO. AND ST. PAUL SURETY, Defendants NO. 01-6220 JOINT PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended with prejudice pursuant to Pennsylvania Rule of Civil Procedur2~2 29. ROE/ERT E. CHEIRWONY, ESQUIRE KRAFT & KRA!FT, P.C. 1 311 Spruce Street Philadelphia, PA 19107 Phone: (21 5) 54.6-5100 Fax: (21 5) 732-3468 Attorney I.D. 1 7623 Atto rn~'lai~E~,~ SUDHIR R. PAT ESQUIRE RILEY AND FANELLI, P.C. No. 1 Mahantongo Street The Necho Allen Pottsville, PA 1 7901 Phone: (570) 622-2455 Fax: (570) 622-5336 Attorney I.D. No. 75914 Attorney for Defendants