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HomeMy WebLinkAbout07-7354S 91 HARLE ARCHITECTURAL COURT OF COMMON PLEAS PARTNERSHIP CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 67 - 735' C t v i _term DAVID THOMAS CIVIL ACTION - LAW Defendant N O T I C E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 N 0 T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. 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 avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 I i 4 HARLE ARCHITECTURAL COURT OF COMMON PLEAS PARTNERSHIP CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.. go 7_ 73Sy l.cv? ??`'`" DAVID THOMAS CIVIL ACTION - LAW Defendant COMPLAINT 1. Plaintiff is Harle Architectural Partnership, a Pennsylvania Business with an office at 45 Forest Drive, Mechanicsburg, Pennsylvania 17055. 2. David Thomas, a Defendant, is an adult individual with an address of 110 Walnut Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Plaintiff provided architectural services to the Defendant, pursuant to a written Contract, attached hereto, marked Exhibit "A" and made part hereof. 4. Plaintiff provided said services and produced design drawings and construction documents for Defendant's residence. 5. At Defendant's request, modifications to the drawing were made, as required. 6. Defendant has failed to make the monthly payments required by the contract. 7. Defendant's delinquent balance on account as of December 2007 is $47,671.32, in accordance with the December 1, 2007 Bill attached hereto, marked Exhibit "B" and made part hereof. 8. Defendant has failed and refused to bring this account current. 9. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests entry of judgment against the Defendant in the amount of $47,671.32 with interest thereon of $665.72 per month after January 1, 2008 until paid, together with costs of suit thereon. Respectfully Submitted, Date: -17' 4 OI Arthur M. Feld, Esquire Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070-1116 (717) 770-0292 H A R L E ARCHITECTURAL PARTNERSHIP May 9, 2007 David whom as 110 Walnut Street Lemoyne PA 17043 RE: Project #07-02 Thomas Residence Lake Baptiste Ontario; Canada " Dear Mr. Thomas, As we discussed, this is our proposal to furnish architectural services on an hourlybasis for the design of your new residence located on your lot at Lake Baptiste, Bancroft, Ontario, Canada. We will provide design development drawings of the residence in conjunction with owner/architect meetings and amend the same as necessary for owner's approval, prepare construction document drawings as required to describe the work for construction purposes, solicit and obtain bids, oversee construction and perform such additional duties as are usually and customarily furnished in accordance with generally accepted architectural practice. 1 Compensation on an hourly rate as follows: Principal-in-Charge $95.00 Architect $85.00 Project Architect (CAD Technician) $75.00 Draftsperson and Model Builder $55.00 Clerical $45.00 45 FOREST DRIVE MECHANICSBURG PENNSYLVANIA 17055 TEL 717 766 • 4797 FAX 717 • 766 • 2397 5 I0 y V ? t David Thomas Page 2 2. A 1,000.00 retainer to be 13upon 'execution of this Agreement and shall be credited to the final payment. 3. Reimbursable expenses (photography, topographic survey, copying, telephone charges, postage, travel, models and any fees required for Building Code approvals) are in addition to the basic fee as established from the above hourly rates. 4. Services of professional consultants reasonably required for the project shall be reimbursed to us at cost. 5. Additional compensation shall be paid to the Architect for making revisions to drawings, specifications or other documents when such revisions are inconsistent with approvals or instructions previously given, are required by the enactment orrevision of codes, laws orregulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the Architect. This is considered an extra service and shall be paid in addition to basic services provided. 6. During the progress ofthe work, HARLE ARCHITECTURAL PARTNERSHIP will render invoices at the end of each month, which shall cover total work performed and expenses incurred during the month. Payments shall be made upon receipt of each statement. Amounts unpaid after 30 days shall be charged interest at the rate of 1.5% per month. Owners' Responsibilities 1. The owner shall provide fiil in' niuation regarding requirements for the project. 2. Approval for the architect to proceed with each subsequent phase as outlined above. 3. Permission to photograph and publish the completed project is given to us and our photographers and publications. If the above is acceptable, please indicate your agreement by signing and dating both copies of this agreement and returning one for our file. ,s David Thomas We look forward to working with you on this project. Vero truly yours, A£?. H' E CHITECTURAL PARTNERSHIP Fredrick - allQ Repste ed Architect Accepted: Ow Da d mas Date: Page 3 rl ? t` I • { H A R L E ARCHITECTURAL $ 1,000.00 $ 37,822.50 $ 6,559.12 $ 0.00 $ 0.00 $ 3,289.70 IV Total Amount Due This Period $ 47,671.32 THANK YOU Payment Due Upon Receipt. Amounts unpaid after 30 days are subject to a finance charge of 1.5% per month. (441 December 1, 2007 David Thomas 110 Walnut Street Lemoyne PA 17043 RE: Project No. 07-02 Thomas Residence Lake Baptiste Ontario, Canada.. For Professional Services Rendered I Retainer paid to date II. Architectural Services Past Due III Reimbursable Expenses Past Due IV Architectural Services This Period V Reimbursable Expenses This Period VI Finance Charge Past Due $2,623.98 This Period $ 665.72 45 FOREST DRIVE MECHANICSBURG PENNSYLVANIA 17055 TEL 717 • 766 • 4797 FAX 717 • 766 • 2397 ? i VERIFICATION Fredrick Harle states subject to the penalties of 18 Pa C.S.Section 4904 relating to unsworn falsification to authorities, that he/she is the A ,-( 2 for the Plaintiff in this matter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading is true and correct to the best of his/her knowledge, information and belief. faf 3?0? IdL J ? o0 s ? 0 C) f..r?? f0:? ~C V SHERIFF'S RETURN - REGULAR CASE NO: 2007-07354 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARLE ARCHITECTURAL PARTNERSH VS THOMAS DAVID TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMAS DAVID the DEFENDANT at 1415:00 HOURS, on the 26th day of December , 2007 at 110 WALNUT STREET LEMOYNE, PA 17043 by handing to DAVID THOMAS, SON 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 Postage Surcharge Lp- 'Jeflof 18.00 15.36 .58 10.00 .00 ?43.94 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 12/28/2007 ARTHUR FELD By: eputy Sheriff A.D. r •. HARLE ARCHITECTURAL PARTNERSHIP Plaintiff DAVID THOMAS Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-07354 CIVIL ACTION - LAW PRECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, David Thomas, in the above- captioned case. Respectfully submitted, Dated: February 7, 2008 McNEES WALLACE & NURICK, LLC z 4C By i(IV4 1 XIC lane karsky I. D. No. 44369 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant David Thomas e OV CERTIFICATE OF SERVICE I, Diane M. Tokarsky, Esquire, hereby certify that on this date, a true and correct copy of the foregoing document was served via United States mail, first class, postage prepaid to the following: Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Dian okarsky Dated: February 7, 2008 C) Q o .. t CO ?.> ,?- rv HARLE ARCHITECTURAL COURT OF COMMON PLEAS PARTNERSHIP CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2007-07354 DAVID THOMAS CIVIL ACTION - LAW Defendant NOTICE TO: Plaintiff Harle Architectural Partnership and its Attorney, Arthur M. Feld You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. McNEES WALLACE & NURICK LLC By *n- ars y, I.tD No 100 Pine Street, P. O1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Dated: February 7, 2008 David Thomas HARLE ARCHITECTURAL PARTNERSHIP Plaintiff DAVID THOMAS Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-07354 CIVIL ACTION - LAW ANSWER WITH NEW MATTER COMES NOW, Defendant David Thomas ("Thomas" or "Defendant") by and through his counsel, McNees Wallace & Nurick LLC, and files this Answer with New Matter as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Thomas entered into a contract with Plaintiff Harle Architectural Partnership and that a copy is attached to the Complaint as Exhibit "A". The Contract, being a writing, speaks for itself and any characterization there of is denied. 4. Admitted in part and denied in part. It is admitted that Plaintiff produced certain design drawings and construction documents. It is specifically denied that Plaintiff provided services and produced drawings for Defendant's residence. To the contrary, Plaintiff was requested to provide a design for a two-bedroom cabin retreat property on land that Defendant owned in Canada for use four weeks per year. By way of further response, Plaintiff designed a "residence" far larger, grander and costlier than that requested by Defendant. 5. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth or accuracy of Plaintiffs statement that it made modifications to the drawings at Defendant's request or as required. Proof thereof is demanded at trial. 6. Admitted in part and denied in part. It is admitted that Defendant has not made the monthly payments requested by Plaintiff. It is specifically denied that any such payments are required under the contract or due. By way of further response, the averments of paragraphs 11 through 24 of the New Matter are incorporated herein by reference as though set forth at length. 7. Admitted in part and denied in part. It is admitted that attached to the Complaint as Exhibit "B" is Plaintiffs December 1, 2007 Bill in the amount of $47,671.32. It is specifically denied that Defendant is delinquent in any payments or that any such amounts are due to the Plaintiff. To the contrary, the amount billed by Plaintiff was not only excessive, but was also for work not authorized by Defendant. 8. Admitted in part and denied in part. It is admitted that Defendant has refused to pay the amount demanded by the Plaintiff. It is expressly denied for the reasons set forth in Defendant's New Matter that any such sums are due and owing to the Plaintiff. 9. Admitted. WHEREFORE, Defendant David Thomas respectfully requests this Honorable Court to enter judgment in its favor and against the Plaintiff. 2 NEW MATTER 10. The answering averments of paragraphs 1 through 9 above are incorporated herein by reference as though set forth at length. 11. In or around early May of 2007, Defendant met with Plaintiff and requested that Plaintiff design a two bedroom cabin retreat for Defendant on property which Defendant owned in Canada which would be used approximately four weeks per year. 12. Defendant provided Plaintiff with a photo of the existing dwelling on the property, as well as photos of dwellings on adjacent properties and a book of designs. 13. Contrary to Defendant's expressed wishes and approval, Plaintiff designed an elaborate residence which, upon information and belief, would cost well in excess of $500,000 to build and is in excess of 5,000 square feet. 14. Upon receipt of Plaintiffs first bill, Defendant complained to Plaintiff that the bill was far is excess of what he wanted to spend in total on architectural fees for the cabin retreat. 15. Plaintiff repeatedly assured Defendant that the next bill would be significantly less. 16. Contrary to Plaintiffs express representation, Plaintiff rendered bills to Defendant in the amount of $47,671.32 for the design of a "residence" which would cost far in excess of what Defendant wanted to spend for a cabin retreat to be used about four times per year. 17. Defendant did not authorize Plaintiff to design a "residence" of the scale or cost which Plaintiff took upon himself to design. 3 18. At no time did Defendant authorize Plaintiff to proceed with detailed construction drawings such as those allegedly designed by Plaintiff. 19. Plaintiff, at his own risk, proceeded with the detailed design of an elaborate residence at an excessive cost. 20. Plaintiff is estopped from claiming the amount demanded. 21. Plaintiff misrepresented to Defendant the cost of the design of a cabin retreat. 22. Plaintiff further misrepresented to Defendant that the "residence" represented in the design documents that he showed to Defendant could be built at a cost which Defendant expected to pay for a cabin retreat to be used approximately four times per year. 23. Plaintiff breached his Contract with Defendant by: a. designing a "residence" which was not as requested by Defendant; b. proceeding with detailed construction documents without Defendant's approval. 24. Defendant was justified in refusing to pay Plaintiff the amount demanded. 4 WHEREFORE, Defendant David Thomas respectfully requests this Honorable Court to enter judgment in its favor and against the Plaintiff. Respectfully submitted, McNEES WALLACE & NURICK, LLC By lane M. karsky I. D. No. 44369 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Dated: February 7, 2008 David Thomas 5 VERIFICATION Subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, I hereby certify that I am David Thomas, an adult individual and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, or information and belief. David Thomas Dated: o a; 0 -:? / -Z g CERTIFICATE OF SERVICE I, Diane M. Tokarsky, Esquire, hereby certify that on this date, a true and correct copy of the foregoing document was served via United States mail, first class, postage prepaid to the following: Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Diane o arsky Dated: February 7, 2008 6 r-I va .,,. co HARLE ARCHITECTURAL PARTNERSHIP Plaintiff DAVID THOMAS Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-07354 CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER 10. No response necessary. 11. Admitted in Part and Denied in Part: Plaintiff met with Defendant May 8, 2007 and described a dwelling he wished to have constructed, with two bedrooms 18 x 20 feet; in general larger rooms; 1-? bath-public; entrance area/mud room/entry to kitchen; large living space; separate three car garage each with 10 x 10 foot doors; screened porch off master bedroom; large decks; construction to be wood and stone; two sided fireplace; heating and air conditioning; heating to be either wood/oil/propane, propane gas cooking; well; and septic system. On May 21, 2007, Plaintiff and Defendant met to review preliminary design with revisions made. 12. Admitted that these were supplied, but not until after the construction documents were nearly completed in the middle to end of June 2007. 13. Denied that anything was done without approval or as Defendant requested. Pleading affirmatively, Plaintiff and Defendant met and worked on the preliminary plan on three days in May 2007. Then on May 30, 2007, in response to Defendant's description, eleven pages of preliminary drawings were presented to and reviewed in detail with Defendant. Defendant received and approved the set of preliminary drawings, and told Plaintiff to proceed with working drawings (construction documents). Based on the approval, on or about June 4, 2007, Plaintiff provided Defendant with a Construction cost estimate of $447,420.00(low) to $610,650.00(high) for a dwelling as described in the preliminary plans. Defendant then met with Plaintiff on the following dates to go over and revise the working drawings as they were being prepared for him: June 4, 25 and July 2, 2007. 14. Denied- Plaintiff sent Defendant three bills-one on or about June 1, 2007 for $10,418.43 which Defendant said he sent the payment, a second bill on or about July 1, 2007 for $31,535.54, and a third bill on or about August 1, 2007. 15. Denied- Defendant's first comment about his bill was in July 2007 when most of the work on the drawings was completed. 16. Denied- Plaintiff provided Defendant with a preliminary plan that Defendant approved. Plaintiff then proceeded with working drawings and Defendant met with Plaintiff to continually review and revise the working drawings during June and July 2007 but Plaintiff had already provided Defendant with the high and low cost on June 4, 2007. 17. Denied- Defendant approved the preliminary plans and worked with Plaintiff to make the working drawings what he wanted in his dwelling. 18. Denied- Defendant met with Plaintiff while the construction drawings were being prepared as described above. 19. Denied- Plaintiff prepared what Defendant asked for, approved and had knowledge of the estimated cost of construction from early June 2007. 20. Denied as a conclusion of law. 21. Denied. Pleading affirmatively upon agreement by Defendant to the Preliminary Plans, Plaintiff provided Defendant with the cost parameters on or about June 4, 2007. Defendant therefore knew Plaintiff's estimate of construction cost prior to Plaintiff and Defendant spending time on the working drawings. 22. As described above, Plaintiff made no misrepresentation and carried out Defendant's wishes. 23. Denied. There was no breach of contract as Plaintiff did what Defendant authorized. 24. Denied as a conclusion of law. Wherefore, Plaintiff requests judgment against Defendant in the amount prayed for in the Complaint. Respectfully Submitted, ??- k, R(O Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Attorney I.D. #07172 I HARLE ARCHITECTURAL PARTNERSHIP Plaintiff DAVID THOMAS Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.:2007-07354 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Arthur M. Feld, Esquire, of 1309 Bridge Street, Suite #5, New Cumberland, PA 17070-1172, certify that on the 12th day of June 2008, I served a copy of the Reply to New Matter, to the Defendant's Attorney, Diane M. Tokarsky, Esquire, by regular mail, postage prepaid to, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108. DATE: 2-)0 ,Q-- VK t, roo Arthur M. Feld Attorney I.D. No. 07172 1309 Bridge St.Ste. 5 New Cumberland, PA 17070-1172 (717) 770-0292 Attorney for Plaintiff F7-.. VERIFICATION FREDRICK HARLE states subject to the penalties of 18 Pa C.S.Section 4904 relating to unsworn falsification to authorities, that he/she is the PRESIDENT for the Plaintiff in this matter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading is true and correct to the best of his/her knowledge, information and belief. o 8' ? 12-1 ; t?i ?. fi} O ? U l &- 40 HARLE ARCHITECTURAL PARTNERSHIP : Plaintiff VS DAVID THOMAS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No.2007-07354 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Arthur M. Feld, counsel for the plaintiff in the above action, respectfully represents that: 1. The above captioned action is at issue. 2. The claim of the plaintiff in the action is $47,671.32 The counterclaim of the defendant in the action is $ 0 . The following attorneys are interested in the case as counsel or are otherwise disqualified to s.it as arbitrators: Diane M. Tokarsky, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ARTHUR M. FELD, ESQUIRE?'? Vlit. ii?o ORDER OF COURT AND NOW, 2008, in consideration of the foregoing petition, Esq., Esq., and above captioned action are appointed arbitrators in the (or r actions) as prayed for. By the Court, P. J. August 8, 2008 ?_ ? yy' "® tJP :.. ?p?, °D ?_?. "' ? ? C.., "t'7 HARLE ARCHITECTURAL PARTNERSHIP Plaintiff VS DAVID THOMAS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No.2007-07354 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Arthur M. Feld, counsel for the plaintiff in the above action, respectfully represents that: 1. The above captioned action is at issue. 2. The claim of the plaintiff in the action is $47,671.32 The counterclaim of the defendant in the action is $ 0 . The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Diane M. Tokarsky, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ARTHUR M. FELD, ESQUIRE V?t 'lao ORDER OF COURT AND NOW, 2008, in considera ion o the foregoing pe ition, Esq., ( Esq., and Esq., are appointed rbitra r in the ove captio ed action (or actions) as prayed for. By the Co , P.J. August 8, 2008 c EL.LLJ - ? 7.1 M !a c=) ? R -Olt %? to c si p a F ° SLi ,? O ,- a ? c3 t 01 taZ rx? Z?l ?? Z--S 4 I Z906, ?4r.A 6e 4* & 4As 4 In The Court of Common Pleas of Cumberland _U ?6 Plaintiff C D County, Pennsylvania No ? 7 - ?/ ??. ?[" r n ?rfS Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the States and the Constitution of this Commonwealth and that we will discharge the duties of our off with delity. 11 G S' tare ignature ipatore 124? X4,6 Sa M 6?2AVs6? Name (Chairman) Name -r- Name Law Firm Law Firm Law Firm T Address Address Address United ce t-l- l ;/!1 Carl Isk A l??l 3 kc.&-ts6fs pry- l7l ?? City, zip city, zip city, zip /? 13 26 /Awar? 42Y36 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.) Now, the day of MnfjRrnL OP 20Q$^, at Q:¢,Z _, ,M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitr4tors' compensation to be paid upon appeal: $ ACO, 66 By: ro notary Deputy Ca'd'' .?,r,?„r,?,?-,? %uw•c, ? ;c?-?1 t'?r/? ---?--? - ZL? Notice of Entry of Award "G b r? (W W 0 ?7 ~ Q C- --? tV HARLE ARCHITECTURAL PARTNERSHIP, V. DAVID THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant : NO. 07 - 7354 NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS To the Prothonotary: Notice is given that Defendant, David Thomas, appeals from the award of the board of arbitrators entered in this case on November 3, 2008. A jury trial is demanded. I hereby certify that the compensation of the arbitrators has been paid. McNEES WALLACE & NURICK LLC I By Diane okarsky I. D. No. 44369 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Attorneys for Appel la nt/Defe nda nt David Thomas `ti° ,-•,. ? °` 4 ?`?'° ? `r ?y ?. ?? ? ? ?. v?, ` ` ??"• _.. - _-.. _. "' ? .1 FiTILESTlients\13467 Harle Architects\13467.I.pral Revised: 8/20109 4:36PM David A. Fitzsimons, Esquire MARTSON LAW OFFICES I.D. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff HARLE ARCHITECTURAL IN THE COURT OF COMMON PLEAS OF PARTNERSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 07-7354 CIVIL ACTION - LAW DAVID THOMAS, PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of David A. Fitzsimons, Esquire, of MARTS ON LAW OFFICES as co-counsel for the Plaintiff in the above matter. Defendant MARTSON LAW OFFICES By David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: August 21, 2009 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Diane M. Tokarsky, Esquire McNees Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 MARTSON LAW OFFICES rBvy Tri is D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 21, 2009 r??^C 4?1L?t?- ?''?'? ?;? ?? ?Mr ps ,-??'?fi???'A?'t 20n9 A?? 21 ?'?? :?? 57 ,?,?;-? y..v a CJ?'f . ?; 3- PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) HARLE ARCHITECTURAL PARTNERSHIP DAVID THOMAS (check one) ?X Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) vs. The trial list will be called on January 5, 201C and Trials commence on February 1, 2010 (Defendant) Pretrials will be held on January 13, 2010 VS. (Briefs are due S days before pretrials No. 07-7354 Term Indicate the attorney who will try case for the party who files this praecipe: David A. Fitzsimons, Esquire, Martson Law Offices, 10 East High Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Diane M. Tokarsky, Esquire McNees Wallace & Nurick P.O. Box 1166 Harrisburg, PA 17108 This case is ready for trial. Signed: David A. Fitzsimons, Esquire Print Name: Date: Decembers , 2009 Attorney for: Plaintiff i OF T 2W DEC -8 PM 12: b 9 PENNSYLVANIA ?S"? Cpl' ,?? • ?? 3? 7/ HARLE ARCHITECTURAL PARTNERSHIP, Plaintiff V. DAVID THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7354 CIVIL TERM : CIVIL ACTION -LAW JURY TRIAL DEMANDED o 44 m ?a PETITION OF MCNEES WALLACE & NURICK LLC TO WITHDRAW AS COUNSEL FOR DEFENDANT Diane M. Tokarsky and McNees Wallace & Nurick LLC ("Petitioners") respectfully petition this Court for leave to withdraw as counsel to David Thomas ("Defendant") and in support of their Petition to Withdraw as Counsel ("Petition"), aver as follows: 1. Petitioners are counsel for Defendant in the above-captioned matter. 2. Petitioners have represented Defendant throughout the current matter. 3. Defendant is obligated to pay Petitioners for legal services rendered. 4. Petitioners have billed Defendant on a monthly basis for legal s rvices rendered. 5. Defendant has not paid Petitioners any portion of the fees fors rvices rendered in this matter and has not provided adequate assurances of future aymeiht. 6. Defendant has violated its legal obligation to Petitioners with respect to payment for legal services rendered. 7. Petitioners, in accordance with Pennsylvania Rules of Professi Conduct, Rule 1.16(b), advised Defendant that Petitioners would not be ablE continue representation unless Defendant met its legal obligations with respect to payrment for legal services rendered. 8. To date Defendant has not made arrangements for the payment of the outstanding invoices. 9. Defendant has also refused to respond to Petitioners' correspondence and i requests for information regarding the subject matter of this lawsuit. 10. Significantly, Petitioners have notified Defendant that the case has been listed for trial in February, 2010. Notwithstanding this information, Defendant has steadfastly refused to communicate with Petitioners regarding the subject matter of this lawsuit. 11. Defendant has consistently failed in its obligation to communicate with Petitioners. 12. Petitioners are unable to competently, diligently, and thoroughly, represent Defendant due to Defendant's unresponsiveness. 13. The parties to this litigation will not be prejudiced if Petitioners are permitted to withdraw as counsel. 14. Concurrence was sought from counsel for the Plaintiff. Plaintiff's counsel does not concur in this Petition. 15. This Court has not ruled upon any other issue in the same or related matter. 2 • 16. The current address of Defendant is 110 Walnut Street, Lemoyne, PA 17043. WHEREFORE, Petitioners Diane M. Tokarsky and McNees Wallace & INurick LLC respectfully request leave to withdraw their appearance as counsel for David Thomas. McNEES WALLACE & NURICK LLCI By lane M. arsky, Esquir I.D. No. 44369 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Dated: January 4, 2010 Attorneys for Defendant David Thomas 3 CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served via United States first-class mail upon the following: David A. Fitzsimons, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 David Thomas 110 Walnut Street Lemoyne, PA 17043 Diane. To ars y Dated: January 4, 2010 HARLE ARCHITECTURAL IN THE COURT OF COMMON PLEAS PARTNERSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-7354 CIVIL TERM V. DAVID THOMAS, CIVIL ACTION - LAW C Defendant = rn? 657J.- CO o PRAECIPE FOR WITHDRAWAL. OF JURY TRIAL DEMAND Defendant David Thomas does hereby withdraw his jury trial demand in this matter and request that it be removed from the February civil trial list. Counsel for Plaintiff Harle Architectural Partnership, David Fitzsimons, has concurred in this request. McNEES WALLACE & NURICK LLC By Diane M.'`I'Aarsky, Esquire I.D. No. 44369 ?i 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Dated: January 8, 2010 Attorneys for Defendant David Thomas CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served via United States first-class mail upon the following: David A. Fitzsimons, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 David Thomas 110 Walnut Street Lemoyne, PA 17043 4D4iane* arsky Dated: January 8, 2010 A HARLE ARCHITECTURAL PARTNERSHIP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7354 CIVIL TERM V. DAVID THOMAS, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED RULE AND NOW, this day of (1 ? 2010, upon consideration of the Petition of Diane M. Tokarsky and McNees Wallace & Nurick LLC to Withdraw as Counsel for Defendant, a Rule is issued upon the Plaintiff and the Defendant to show cause why Diane M. Tokarsky, Esquire and McNees Wallace & Nurick LLC should not be permitted to withdraw as counsel for the Defendant in the above-captioned case. RULE RETURNABLE within /f" days of service of this Rule. - 0 r.. C ±2 t Sri: ? u Uw .2m ."z ? to 7 c1 LL- cz) N DISTRIBUTION: BY THE COURT: ,Diane M. Tokarsky, Esquire, McNees Wallace & Nurick LLC, 100 Pine St., P.O. Box 1166, Harrisburg, PA 17108 (717) 237-5354 (counsel for defendant, David Thomas.) .,?David A. Fitzsimons, Esquire, Martson Law Offices, 10 East High Street, Carlisle, PA 17013 (counsel for plaintiff, Harle Architectural Partnership) -- David Thomas, 110 Walnut Street, Lemoyne, PA 17043 COP ?s pn'?j LL HARLE ARCHITECTURAL PARTNERSHIP, Plaintiff V. DAVID THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAVA' NO. 07-7354 CIVIL TERM IN RE: DEFENDANT'S PRAECIPE FOR W) THDRAWAL OF JURY TRIAL DEMAND ORDER OF COURT AND NOW, this 12t' day of January, 2010, upon (-onsideration of Defendant's Praecipe for Withdrawal of Jury Trial Demand, and with nc objection from the Plaintiff, this matter is stricken from the February 2010 Civil Trial Ti;rm and referred to the Court Administrator for assignment to a judge for a nonjury trial. BY THE COURT, n b r (. t- _ J'. Wesley Olcr, Jr., J? - Court Administrator P c? David A. Fitzsimons, Esq. 10 East High Street ' CD << Carlisle, PA 17013 Attorney for Plaintiff Diane M. Tokarsky, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant :rc HARLE ARCHITECTURAL PARTNERSHIP, Plaintiff v. DAVID THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07-7354 CIVIL T 3RM IN RE: DEFENDANT'S PRAECIPE FOR WITHDRAWAL OF JURY TRIAL DEMAND ORDER OF COURT AND NOW, this 12th day of January, 2010, upon -,onsideration of Defendant's Praecipe for Withdrawal of Jury Trial Demand, and with no objection from the Plaintiff, this matter is stricken from the February 2010 Civil Trial Ti:rm and referred to the Court Administrator for assignment to a judge for a nonjury trial. BY THE COURT, Court Administrator ?J David A. Fitzsimons, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff Diane M. Tokarsky, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant J. Wesley Ol9r, Jr., J. r` --± -? f :rc F:\FILESThents\ 13467 Herle Architects\ ] 3467.1.res Revised: 2/19/10 1:42 PM tZ? r - P." ,I."'ITARY David A. Fitzsimons, Esquire MARTSON LAW OFFICES I.D. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 2010 FEB 19 PN 2: CA S lrC.' v': r? HARLE ARCHITECTURAL PARTNERSHIP, Plaintiff V. DAVID THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7354 CIVIL ACTION - LAW PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR RULE ABSOLUTE AND NOW, comes the Plaintiff, Harle Architectural Partnership, by and through its attorneys, David A. Fitzsimons, Esquire, and MARTSON LAW OFFICES, and files the following Response to the Motion for Rule Absolute filed by Defendant's counsel: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. While it is admitted that an excess of 15 days after service of the Rule has passed and no response has been filed by the undersigned counsel or apparently the Defendant, during the time frame referenced in the Motion for Rule Absolute, the undersigned counsel and counsel for the Defendant engaged in numerous telephone conversations relating to negotiations between the principal parties and the disputed debt in the underlying action. As is evidenced by the Order of Court of January 12, 2010, by the Honorable J. Wesley Oler, Jr., the undersigned counsel's concurrence with Defendant's counsel's request to remove the matter from the jury trial list and withdraw jury trial demand [which had originally been made by Defendant's counsel on behalf of Defendant] was effectuated. Moreover, upon information and belief, petitioning counsel for David Thomas continues to represent Mr. Thomas' interests in negotiations with corporate counsel for Harle Architectural Partnership, Art Feld, Esquire, of Mechanicsburg. Finally, if the undersigned counsel had been made aware prior to service of the Motion for Rule Absolute that further discussions between Defendant's counsel and Plaintiff had either broken down or that Defendant's counsel had resolved to seek a Rule Absolute for the Petition that pre- dated so much activity between counsel for the parties, undersigned counsel would have responded as follows: a. Plaintiff is an architectural partnership that is owed in excess of $40,000.00 for design of a structure; b. Allowing Defendant to avoid culpability for the action through the relief of Defendant's counsel prior to confirming reliable, verifiable whereabouts and location of the Defendant, would render an unreasonable burden on the Plaintiff; and Moreover, because upon information and belief, defense counsel engaged in significant contact with her client, and on behalf of her client, with opposing counsel after the issuance of Judge Hess' Order dated January 7, 2010, it is likely that Defendant also was not cognizant of counsel's intent to pursue the pre-existing Petition to Withdraw. WHEREFORE, Harle Architectural Partnership respectfully requests that the Court deny the Motion for Rule Absolute filed by counsel for Defendant Thomas and schedule a status conference to review the status of the case. Respectfully submitted, ARTSON L OFFICES By David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Response was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Diane M. Tokarsky, Esquire McNees Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 MARTSON LAW OFFICES By ric' D. Eckenr`oad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: L? 11q 110 HARLE ARCHITECTURAL PARTNERSHIP, Plaintiff V. DAVID THOMAS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 07-7354 Civil Term CZ3 nip " to w- : JURY TRIAL DEMANDED MOTION FOR RULE ABSOLUTE Diane M. Tokarsky, Esquire and McNees Wallace & Nurick LLC request that this Court, pursuant to Pa. R.Civ.P. No. 1012(c), enter a rule absolute permitting them to withdraw as counsel for the Defendant in the above-captioned case, and aver as follows: 1. On or about January 5, 2010, Diane M. Tokarsky, Esquire and McNees Wallace & Nurick LLC filed with this Court a Petition to Withdraw as Counsel for Defendant David Thomas. 2. By Rule dated January 7, 2010, this Court, by the Honorable Kevin A. Hess, issued such a Rule Returnable within fifteen days after service. 3. On January 7, 2010, said Rule was served by this Honorable Court upon all parties and counsel of record. The Rule was returnable on January 22, 2010. 4. Well in excess of the fifteen days after service of said Rule has passed and no response has been filed by either opposing counsel or Mr. Thomas. WHEREFORE, Diane M. Tokarsky and McNees Wallace & Nurick LLC respectfully request that this Honorable Court enter a Rule Absolute permitting Diane M. Tokarsky and McNees Wallace & Nurick LLC to withdraw as counsel for Defendant David Thomas in this action. McNEES WALLACE & NURICK LLC By G' Diane M. okarsky I.D. No. 44369 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Date: February 18, 2010 Certificate of Service I hereby certify that on this date a true and correct copy of the foregoing Motion was served by regular, first-class mail, postage prepaid, upon the following: David A. Fitzsimons, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 David Thomas 110 Walnut Street Lemoyne, PA 17043 Date: February 18, 2010 lane M. Tokars HARLE ARCHITECTURAL PARTNERSHIP, Plaintiff VS. DAVID THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7354 CIVIL IN RE: DEFENDANT'S MOTION TO WITHDRAW AS COUNSEL ORDER AND NOW, this Z `ti`" day of February, 2010, a brief argument on the defendant's motion to withdraw as counsel is set for Thursday, March 25, 2010, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ? David A. Fitzsimons, Esquire For the Plaintiff /ane M. Tokarsky, Esquire For the Defendant ?:rl-m 11 Ir-c ,mot mac, ? jaS- r? f? ? 1 -` f J '? HARLE ARCHITECTURAL IN THE COURT OF COMMON PLEAS OF PARTNERSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW DAVID THOMAS, Defendant NO. 07-7354 CIVIL TERM ORDER OF COURT AND NOW, this 24t` day of February, 2010, a pretrial conference in the above matter is scheduled for Wednesday, May 12, 2010, at 3:00 p.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Monday, June 7, 2010, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. David A. Fitzsimons, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff ?Megan Driesbach, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Attorney for Defendant BY THE COURT, Avesley Oler, Jr., J. Court Administrator - 6c? 1;v P?Lf, Its m.-t LL COF LL - cp? C.: ?? N - O/ HARLE ARCHITECTURAL PARTNERSHIP, Plaintiff V. DAVID THOMAS, Defendant FEB 2 2 2010 bj IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7354 Civil Term n .? JURY TRIAL DEMANDED RU TE lell y c `' r AND NOW, this 1 37"' day of -v-h4'-CA , 2010, upon consideration of the Motion of Diane M. Tokarsky and McNees Wallace & Nurick LLC to Withdraw as Counsel for Defendant, it is hereby ORDERED that the Motion is GRANTED. Diane M. Tokarsky and McNees Wallace & Nurick are permitted to withdraw as counsel for Defendant David Thomas in this action. BY THE COURT: P.J. Distribution: ? ./Diane M. Tokarsky, Esq., McNees Wallace & Nurick LLC, 110 Pine Street, P.O. Box 1166, Harrisburg, PA 17108 ? David A. Fitzsimons, Esq., Martson Law Offices, 10 East High Street, Carlisle, PA 17013 /vavid Thomas, 110 Walnut Street, Lemoyne, PA 17043 eo1 tQ.S r %bt (-'Zr-h #1 HARLE ARCHITECTURAL, IN THE COURT OF COMMON PLEAS OF PARTNERSHIP CUMBERLAND COUNTY, PENNSYLVANIA o Plaintiff o v . .r =o CIVIL ACTION - LAW tW A9 DAVID THOMAS, < L Defendant 07-7354 CIVIL TERM PRETRIAL CONFERENCE cr; A pretrial conference was held in the chambers of Judge Oler in the above-captioned case on May 12, 2010. Present on behalf of the Plaintiff was David A. Fitzsimons, Esquire. The pro se Defendant, David Thomas, did not appear, nor had he submitted a pretrial memorandum. This action involves an alleged breach of architectural contract by the property owner, who allegedly did not pay the architect's fee, notwithstanding that he received the benefit of the architect's work. The defense in the case appears to be an alleged lack of satisfactory performance by the architect. This will be a nonjury trial of an estimated duration of one-half day. By separate order of Court, the nonjury trial has been scheduled for Monday, June 7, 2010, at 9:30 a.m. With respect to settlement negotiations, it does not appear to the Court that the case will be resolved amicably. By the Court, David Fitzsimons, Esquire 10 East High Street, Carlisle, PA 17013 For the Plaintiff David Thomas, Defendant pro Se 110 Walnut Street Lemoyne, Pennsylvania 17043 For the Defendant Prothonotary pcb HARLE ARCHITECTURAL IN THE COURT OF COMMON PLEAS OF PARTNERSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW DAVID THOMAS, Defendant 07-7354 CIVIL TERM IN RE: NONJURY TRIAL ORDER OF COURT AND NOW, this 7th day of June, 2010, upon consideration of the complaint filed in the above-captioned matter, and following a nonjury trial, at which the Defendant did not appear, the Court finds in favor of the Plaintiff, Harle Architectural Partnership, and against the Defendant, David Thomas, in the amount of $66,977.20, plus costs of suit, and with interest to be added hereafter at the legal rate. By the Court, David Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 For Plaintiff ~ David Thomas, Defendant pro se 110 Walnut Street Lemoyne, PA 17043 mae ~~ n C ~ ~ J - c n ;~_:,- __ <:.~ `ills-~_. ~ ~~ ~=° ' _: _ ~ a ~ ' y = ~, ,,~,: :t •. --a =~ F:\FILES\C6ents\13467 Hanle Arcltitects\13467.1.pra3 } ~ Revisod: 622/10 10:52AM David A. Fitzsimons, Esquire MARTSON LAW OFFICES I.D. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~`~Y 1~ 2fl f 0 JUG 22 P~ 3~ HARLE ARCHITECTURAL IN THE COURT OF COMMON PLEAS OF PARTNERSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 07-7354 CIVIL ACTION -LAW DAVIp THQMAS, Defendant PRAECIPE Tp THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment on the attached Order dated June 7, 2010, against Defendant David Thomas in the amount of $66,977.20, plus costs of suit and interest to be added hereafter at the legal rate. MARTSON LAW OFFICES By ~ David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 (717)243-3341 F Attorneys for Plaintiff Date: June 22, 2010 ~'-~ ~yy/moo l~oft~e ,;led HARLE ARCHITECTURAL IN THE COURT OF COMMON PLEAS OF PARTNERSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . v CIVIL ACTION - I,AW DAVID THOMAS, Defendant 07-7354 CIVIL TERM IN RE: NONJURY TRIAL ORDER OF COURT AND NOW, this 7th day of June, 2010, upon consideration of the complaint filed in the above-captioned matter, and following a nonjury trial, at which the Defendant did not appear, the Court finds in favor of the Plaintiff, Harle Architectural Partnership, and against the Defendant, David Thomas, in the amount of $66,977.20, plus costs of suit, and with interest to be added hereafter at the legal rate. By the Court, David Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 For Plaintiff d David Thomas, Defendant pro se 110 Walnut Street Lemoyne, PA 17043 :mae C v~.ct~d !o j9 ~io ~~ C N ii o ro~~ ~ ~; - .~~ t ~~ =~ ~ ;•, ~-~ ~~' a~ --_ -+ ~~=' ~ ~ ¢: ~ ~~ D r~ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deazdorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Cazlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. David Thomas 110 Walnut Street Lemoyne, PA 17043 MARTSON LAW OFFICES Trici~ D. Er~lt nroad Ten East Hi Street Cazlisle, PA 17013 (717) 243-3341 Dated: June 22, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION HARLE ARCHITECTURAL PARTNERSHIP: ( ) Confessed Judgment vs. DAVID THOMAS 110 WALNUT STREET LEMOYNE, PA 17043 Defendant (X) Other DISTRICT JUSTICE File No. 07-7354 Amount Due $66,977.20 Interest FROM 06 07 10 ~ ~ ~ Atty ~ s Comm ~ `~ _„{ Costs Total -zam c4i ~-~ TO THE PROTHONOTARY OF THE SAID COURT: ~~ z' rn -v mar= " ~ r ~ o ~ rrt ~a ~o ~ ~~ ~~ ~'c~ ~ °-n c~ ~~ -; ~ c=3 ~ --a tea D The undersigned hereby certifies that the below d~es~no arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue Writ of Execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee (s) . (Indicate) Index this writ against DATE : 2~1 ~ ~ ~K.oo PAD w-~1 ~F8.4'~ CBP ~~ u a~.oo " 350.op " a!5 . op ~~~"/~ ~ . oo ~ ~a.oo 1~t1~eCo so ~ 5~~, q.~ - Po AYrY Signature : ~ V ~/~ ~ ~I ~~~~ Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 770-0292 ID No. #07172 Ct ~81o I5 P~dy84R5 I~tit~~~,~.eo~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7354 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HARLE ARCHITECTURAL PARTNERSHIP, Plaintiff (s) From DAVID THOMAS, 110 Walnut Street, Lemoyne, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell defendant's household goods and personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,977.20 Interest from 6/7/10 Atty's Comm Atty Paid $561.94 Plaintiff Paid Date: 9/30/10 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs vid D. Buell, Prothonotary B: Deputy REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ID No. 07172 • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY C4441brr, 7fr o FILE Qf= fix,, . 'S'HE PP171 AN 10 PM, I- Harle Architectural Partnership vs. David J. Thomas SHERIFF'S RETURN OF SERVICE Case Number 2007-7354 12/01/2010 07:43 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 1, 2010 at 1930 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: David J. Thomas, by making known unto David J. Thomas, at 100 Walnut Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true an( correct copy of the same. Upon serving the writ of execution, a levy was NOT completed. Defendant was house-sitting at this address (parents address) and is currently living in California. The address provided of 110 Walnut Street, Lemoyne, is currently vacant and is also owned by the defendant's parents. 01/10/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned Nulla Bona. SHERIFF COST: $85.37 January 10, 2011 P E H SY!,V 11,; SO ANSWERS, RON ANDERSO YEj/ f B ` S aron R. Lantz r Pl, (10. S3<5"f? 7 ?;oun•; ?i renft c ..c'i, inc. L- WRIT OF EXECUTION and/or ATTACHMENT I ? COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7354 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HARLE ARCHITECTURAL PARTNERSHIP, Plaintiff (s) From DAVID THOMAS, 110 Walnut Street, Lemoyne, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell defendant's household goods and personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,977.20 Interest from 6/7/10 Atty's Comm % Atty Paid $561.94 Plaintiff Paid L.L. $.50 Due Prothy $2.00 Other Costs Date: 9/30/10 (Seal) REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF 1 David D. Buell, Prothonotary B: Deputy Telephone: 717-770-0292 Supreme Court ID No. 07172