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HomeMy WebLinkAbout07-7589r r V COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 09-3-04 I COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. No. OR NAME OF D.J. Conesco Storage Systems, Inc. 9-3-04 Thomas A. Placey ADDRESS OF APPELLANT CITY STATE ZIP CODE 15660 E. Hinsdale Drive, Centennial, CO 80112 12/13/07 CV YEAR 0000569-07 (DEFENDANT) vs. Conesco Storage Systems, Inc. bF APPELLf R HIS ATTORNEY OR AGENT LT YEAR &.? ? t This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. nature o r ry or u PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Li f t, Inc. , appellee(s), to file a complaint in this appeal ?/t? Name of appellee(s) (Common Pleas No. 07-7589 0-'Iv; 1) within twenty (20) days after service of rule or surv?== Term ignature of nt or his attorney or agent RULE: To Lift, Inc. , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: _ ier eimter 19 , Year jtf)7 White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy IN THE CASE OF (PLAINTIFF) Lift, Inc. P. D Signature of Pro notary or Deputy Proth. - 76 .? ism v PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served D a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year []by personal service [:]by ( (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year _ , ? by personal service [:] by (certified) (registered) mail, sender's receipt attached hereto. and further that 1 served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year , [] by personal service [:]by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature of Afflant Signature of official before whom affidavit was made Title of official My commission expires on , year COMMONWEALTH OF PENNSYLVANIA rni INTY nF• CUMBERLAND Mag. Dist. No.- 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Teiephone: (717 ) 761-8230 17050 ATTORNEY DEF PRIVATE STEVEN J. SCHIFFMAN 2080 LINGLESTOW APT/STS 201 SERRATELLI & SCHIFFNAN HARRISBURG, PA 17110-9670 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 7,869.51 a7- 15gq NOTICE OF JUDGMENT/TRANSCRIPT _ CIVIL CASE PLAINTIFF: NAME and ADDRESS rLIFT, INC. 2969 OLD TREE DRIVE LANCASTER, PA 17603 L J v8. DEFENDANT: NAME and ADDRESS rCOMSCO STOR IC - SYSTEKS, INC. -71 15.660 E HINSDALE DRIV1! CENTERNIAL CO 80112 L J Docket No.: CV-0000569-07 Date Filed: 8/22/07 (Date of Judgment) LIFT, INC. 12/13/07 CONESCO STORAGE SYSTEMS, INC. Defendants are jointly and severally liable. F Damages will be assessed on Date & Time F]This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for.physical damages arising out of residential lease ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS; ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED' BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. r i > -Date '-? Magisterial ° District Judge certify that this is a true a correct•eopy,b the reco?d of the p ceedings corltainang the judgment j Date t ; Magisterial District. Judge my commission expires first Monday of January, 2010` SEAL AOPC 315-07 DATE PRINTED: 12/13/07 1:46:00 PM. Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ 7,746.00 $ 123. O $ .00 $ 7. UD $ 7,869.50 Certified Judgment Total $ I ?.- _- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTYOF Dauphin ;ss AFFIDAVIT: I hereby swear or affirm that I served © a copy of the Notice of Appeal, Common Pleas No. 0 7 - 7 5 8 9 Civil Term, upon the District Justice designated therein on (date of service) December 21 , year 2007 , 0by personal service ©by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name Tj i f t , Inc. , on December 21 year _ 2 0 0 7 , 0 by personal service ©by (certified) (registered) mail, sender's receipt attached hereto. © and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on December 21 , year 2 0 0 7 [:]by personal service ®br (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 2-ki"' DAY OF ItC., , YEAR&6 1. Sgnature of offbal befor4whom affidavAhAw made No?r'u ?.llo ltG Title of official My commission expires on year -- L l _JA TH OF PENNSYLVANIA Notarial Seal Lisa A. Conwsy, Notary Pubic ? Twp., Dauphin C0U* Marsh 24 1 My CartrnhwIon Expires' Pennsylvania Association of Notaries I Signature of Affiant J COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL FROM COURT OF COMMON PLEAS JUDICIAL DISTRICT 0 9- -1-0 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered b) trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ZIP C 15660 'xin^-,rlalr_? Drives C?riL4,Zii tl t`7 r;Q1 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 12/13/07 Lift:, Inc. CLAIM NO. CV YEAR 0000569-07 e- rrn Dis- I ^ C' ?J vs. Cone-Jco 4 tcratje Sys iS, -Inc. OF APPELLTT R HIS ATTORNEY OR AGENT LT YEAR f This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA F I.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district JI -11 he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within tw (20) days after filing his NOTICE of APPEAi gna ure o ro ono ry or WU PRAECIPE TO ENTER RULE TO FILE-COMPLAINT AND RULE TO FJLE (This section of form to be used ONLY when appellant was DEFENDANT (seq- PA R.C.P.J.P. No. 1001(7) in action before District Justic IF NOT USED, detach from copy of notice of appeal to be serveh upon appellee. PRAECIPE: To Prothonotary Enter rule upon Lift.. ,ne. , appellee(s), to file a complaint in thi; Name of appellee(s) (Common Pleas No. J27- 7589 Civi j) within twenty (20) days after service of rule or suffer?ntry of j4w? ent of nc Term ?" ignature of a nt or his attorr. RULE: To 5 i f tr r -i n c,, , appellee(s) Name of appeNee(s) (1) You are notified thaf a-mle is-hereby entered upon you to file a complaint in this appeal within twenty(20) d' after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If ybu do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINS' UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ember Year _t:7_ White Prothonotary Copy Green - Court File Copy- Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy weal )S. agent )U DK _?1611_qtl P,-. " Signature of Pro i notary puty Protl 6 Fr . J ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print youe namo and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A.5 ature X ? Agent ? Addressee B. Received by ( Name) C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No Aor,owlok `Th c?.t A . Place-4 1b4 S, SPOA-"rn Onw RpcA to ? c sb litrr 6-n \ i o`er 3. Service Type ji )- Certified Mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7006 0810 0006 7589 8867 (Transfer from service label) Ps Form 3811, February 2004 Dommilia Return Receipt 1025%-02-1+11540 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece- or on the front if space permits. 1. Article Addressed to: (>l01 « ?v?cas?" er i ? IP, l?l b o3 COMPLETE THIS SECTION ON L)t:LIVL:HY atu 2 ? Agent ? Addressee B. ved by (Printed Name) C. Date of Delivery bet. n-k to 41-07 D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type 9-Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7006 0 810 0006 7589 8850 (Transfer from service iabei) Ps Form 3811, February 2004 Domestic Rstum Receipt 102595-02-M-1540 N CI? = CO - y "? t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIFT, INC. ; OWN Plaintiff vs. : No. 07-7589 CONESCO STORAGE SYSTEMS, INC. Defendant 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 to 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (800)990-9108 GINGRICH, SMJ;M, KLINGENSMITH & DOLAN By: Attorney for Plaintiff 45 East Orange Street Lancaster, PA 17602 (717)393-3684 Attorney I.D. #23239 Esquire "'r w ? « .; ? ?? 7? " ? ??. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIFT, INC. Plaintiff VS. No. 07-7589 CONESCO STORAGE SYSTEMS, INC. Defendant COMPLAINT 1. Plaintiff, Lift, Inc., is a Pennsylvania Corporation, organized and existing under the laws of the Commonwealth of Pennsylvania having its principle office located at 2969 Old Tree Drive, Lancaster, Pennsylvania, 17603. 2. Defendant, Conesco Storage Systems, Inc., believed to be and therefore averred to be a Foreign Corporation doing business in Pennsylvania with its principal office located at 15660 East Hinsdale Drive, Centennial, Colorado, 80112. 3. On or about June 6, 2006, Lift, Inc., the Plaintiff herein, received a quote from the Defendant, Quote No. 1020, dated June 5, 2006, for Conesco Storage Systems, Inc. to provide uprights, columns, row spaces and end aisle upright protectors to Lift, Inc. for a quote of $90,682.00. Attached as Exhibit "A" and incorporated herein by reference is a copy of the quote issued by Conesco Storage Systems, Inc. to Lift, Inc. 4. After receiving the quote from the Defendant, Lift, Inc. issued a purchase order dated June 7, 2006 in the amount of $90,682.00 to the Defendant. Attached as Exhibit "B" and incorporated herein by reference is a copy of the purchase order. 5. In accordance with the purchase order and the quote, Lift, Inc. mailed a check dated June 9, 2006 in the amount of $45,341.00 to meet the requirements of the 50% down payment to begin shipment of the goods. 6. On or about June 8, 2006, Conesco Storage Systems, Inc. issued a statement to Lift, Inc. confirming the items that were included in the purchase order. 7. Once the items were shipped, the Defendant failed to include 43 pallet aisle protectors which were originally included in the quote by Conesco Storage Systems, Inc. and confirmed by Conesco Storage Systems, Inc. in their document which is attached as Exhibit "C" and incorporated herein by reference. 8. Lift, Inc., on numerous occasions contacted the Defendant, Conesco Storage Systems, Inc. requesting that they provide the 44 pallet aisle protectors that were included in the original quote and purchase order. 9. Conesco Storage Systems, Inc. failed to deliver the items and as a result, in order to protect its interests, Lift, Inc. obtained the 44 pallet aisle protectors from another source. 10. The cost of obtaining the 44 pallet aisle protectors was $7,746.00. Attached as Exhibit "D" and incorporated herein by reference is the Lift, Inc. invoice for the 44 pallet aisle protectors which were included the Defendant's quote. 11. On numerous occasions, the Plaintiff, Lift, Inc., requested Conesco Storage Systems, Inc. to reimburse Lift, Inc. for the deficiency cost of covering the items that were not shipped. 12. A District Justice hearing was held on the above matter and judgment was entered in favor of the Plaintiff, Lift, Inc. against the Defendant, Conesco Storage Systems, Inc. and Lift, Inc. incurred District Justice costs in the amount of $123.50. WHEREFORE, the Plaintiff, Lift, Inc., respectfully requests this Honorable Court to enter judgment in favor of the Plaintiff and against the Defendant in the amount of $7,746.00, plus District Justice costs and the costs of this suit. GINGRICH, SMITH, KLINGENSMITH & DOLAN By: 45 East Orange Street Lancaster, PA 17602 (717)393-3684 I.D. #23239 ??N-l6-ZOOE(t0E1 01:1? CONESCO P. 0111801 -f> oregalft y u a UM P" Fi UBW uod* 4rx2g MAN: LI*Fd ! E p3Ai SWUM *wAe1al iomwwx T bdww iaM w* war 4y IIOr Mr?aOw+w?a YiMtlMr t„iRlrfM? ?wr?oa?wlr w.a¦11,r W..?.Mi um m mm omm s. *& Fdm LOP" ss Umd NnttroowtMr an lI?N &aw>o.rNWnadw .?? I ¦ rM?MI?nM?R M M?YMt+ . Madam"4 1e?awro*ir bM?t?Mema?4 a a?w?ll? Asoopm baswet ?.. A 425-t- cr t?mieimar?yx?w rrr. ? a ? k5r11 &e> S'l . 1 lbw Tam Rafs EXHIBIT {F?I?303 ?9? ?6?3 Low 9 ? lko a WWW.INeiooorpaeehbed.aom VAN oRn? nn = motet: cave wa sUNNUE at. LAircAMMIL PA 1"U WWA AWL M "M 8771 S./Ue (6114eR1911 PAxf"A m •lev FAx" "&lam ORIGINAL PIRIc 1 01aeeM--Niwm>IMIt1WIton ALL •MIPPRM COMAINERR, W"ICU. commemaNDN EUmmokpWompai 03AL9023160A IWWWCNALO e7MO E.7ee1 U M ?: 2=AL CVM aL 2M7 S FAAO1 ROAD URCHAMCSR M.PA 17W VA14ORPA 1766 VAUA1 OPM,PA 17m Q1714"48Se 111714MM wma•778 FAR 9171eoptte : FA1117171104151 FAX NM W740M 000059 CONESCO STORAGE SYSTEMS 15660 EAST HINSDALE DR. CENTENNIAL CO 80112 2 my-1-idel?..d.r.N.sR4tr»m,n.r.roolrkl..ataP of prymM6 ? 1rrYip been M`pei osM tet at e1eReleMip etaeh. 4. e. l"0,dwbbd1..v0ernrrin.a?«derGVWgw.PI bMm -kilo, e, i 06 dOs ?cmmP? k b s aw o ' mint *hew uee Pdm 2nd copy 000001 ELDORADO STONE "TO BE DETERHINEDItI" Authorized By EXHIBIT n6 ,. T) /'3_400b U5:b4 LIFT INU MU(;NAN1(:S8UNG Yl'/byllitl?U F.UU4 V r ' ' CONES Cr 107:1 r s''oreuCF mrFa+s, aye. Post-)P Far Ao :e 7?1 *am L . e ! y 1 1b tiscFO bail w+sdero O.r.s ?."? tc. , F """ , f , Coal*". Co W,12 I /- ' 130.4 !'00-v151 cQ For (vN150&4m '?cro. 1 O $ ( j . I ?.irt Ine. w?.... _ SOLO TO: MU: lk iti0it ,fc.77"n sH,pTo: 4 ?- 190 old 1:o 4::vt CMC IMF 1V1PCi3te: FA 1103 •CGa?? ?WitiL OIiOEONP. nw.:?. td1RE911tMLD„ ?.T'3+.:.a. .iMMft '?L,iy.r _ of SItyLC WE Mto my M. daer/S t i/1i10G6 0,1601. rrs?Vt oA -erg. • • • i» ewa" u•?yy[M, • 1W • ?? k t?0'r+6 • •` ? ; • y4.1? 'K • ? ? .t M i 1 ? "' ?/•??,. i+•i..??:f4Y t ..e RIS ?/ y mKn Y V ?.y?1. ' ' WE 11 '[i1t3 .Tw. 10a3G w o i8 Sl0.612.00 l'4m ilil<t 1111M5 ' I t ter riste?ial wnMiSting of E!1 Oced Wrl;hU i5.341_00 665,34-1,00 10' dev x 24' hioA x ?' C :lu:v:?i i M Cod dem, 3 1 l0i dtb p.lltt 1 tit bom .C CA:iml M+ j Si tls6d E6d fs?a 3cerarrer I op p ,f? • MIS. Gw+?L?£S,; nt Nou TOTAL 10,00 I 315,311.00 EXHIBIT a 26e5 ORIGINAL, INVOICE UL a lk"mmill FT I N 19 2969 OLD TREE DRIVE • LANCASTER, PA 17603 (717) 295.1800 • FAX (717) 295-1837 www.mdncorporaled.c n, PAGE 01 Ci NEeCO STORAGE SYSTEM 15-660 E HINSDALE DR uENTs:NNI Ai.. Tl 122-21 2969OLDTREEDRIVE LANCASTER. PA 17803 INVOICE NUMBER 03E9995:300 DATE OS/07/07 co S>C1:t{2 MPPING POINT 4782 ELDORADO STONE LCC 117430 HOPEWELL ROAD HAGERSTOWN MD21740 TERMS: I NVO I CE FOR - MATER I AL - AND FRE I GHT TO. OB-7-41t -FOuRTY="FUUS@"i AL.LET °r4ISLE PRDTEC'rom ."i:'I=i'A7 . wme .R!(IT-SHIPPED AS --MET 10 DAYS.-- WE NOW 13FFERC i)0CK & DOOR SERVICE. of COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER )SS: KIRK W. SEARS, being duly sworn according to law, deposes and says that he is Vice President of Lift, Inc., and that he is authorized to make this Affidavit on its behalf, that the facts set forth in the foregoing Complaint at Law are true and correct to the best of his knowledge, information and belief. Sworn and subscribed to before me this COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kim L. Garman, Notary Public City of Lancaster, Lancaster County My Commission Expires June 20, 2009 - Gw> Kirk W. Sears 02 day of ,/ aaM , 2008. '-k?,ALLLM Notary Public [n ? 7-k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIFT, INC. Plaintiff vs. CONESCO STORAGE SYSTEMS, INC Defendant OpiGIML No. 07-7589 CERTIFICATE OF SERVICE I, Thomas G. Klingensmith, Esquire, of Gingrich, Smith, Klingensmith & Dolan, hereby cert ify that I have this day served true and correct copies of the foregoing Complaint upon the following person and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail to: Conesco Storage Systems, Inc. 15660 East Hinsdale Drive Centennial, CO 80112 GINGRICH, SWI",LINGENSMITH & DOLAN By: Thomas G. Klingens th, Esquire Attorney for Plaintiff I.D. #23239 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 Dated: January 7, 2008 tr ? s ?.i 6 ATrORNEYSATLAW John M. Smith Thomas G. Klingensmith Kevin D. Dolan Jeffrey S. Shank JoAnne Murphy Julie M. Cooper Henry F. Gingrich (1952-2001) 222 South Market Street Suite 201 P. O. Box 267 Elizabethtown, PA 17022 Phone (717) 367-1370 Fax(717)367-3219 45 East Orange Street Lancaster, PA 17602 Phone (717) 393-3684 Fax (717) 393-0653 Web Site WWW.GSKDLAW.COM January 7, 2008 Conesco Storage Systems, Inc. 15660 East Hinsdale Drive Centennial, CO 80112 Re: Lift, Inc. v. Conesco Storage Systems, Inc. Case No. 07-7589 Dear Sir/Madam: Enclosed please find a time-stamped copy of the Complaint filed by Lift, Inc. relating to the above-cited case. Sincerely, KLINGENSMITH & DOLAN G. TGK/klg Enclosure E-mail gskd@gskdlaw.com i Zi 1 Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. Supreme Court ID Nos. 25488 & 92069 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Counsel for Defendant LIFT, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7589 CONESCO STORAGE SYSTEMS, INC., Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: THOMAS G. KLINGENSMITH COUNSEL FOR LIFT, INC., PLAINTIFF 45 EAST ORANGE STREET LANCASTER, PA 17602 You are hereby notified to file a written response to the enclosed Answer to Plaintiff's Complaint with New Matter within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. By: Merritt C. Reitzel, e Supreme Court ID Nos. 25488 & 92069 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Dated: January 28, 2008 4. Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. Supreme Court ID Nos. 25488 & 92069 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Counsel for Defendant LIFT, INC., V. Plaintiff CONESCO STORAGE SYSTEMS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7589 CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes Conesco Storage Systems ("Defendant"), by and through its counsel, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and files its Answer to Plaintiffs Complaint, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Denied. The averments set forth in Paragraph 3 of the Complaint state conclusions of law to which no response is required. 4. Admitted. 5. Denied. The averments set forth in Paragraph 5 state conclusions of law to which no response is required. 6. Admitted. 7. Denied. It is denied that "Defendant failed to include 43 pallet aisle protectors which were originally included in the quote by Conesco Storage Systems, Inc., and confirmed by Conesco Storage Systems, Inc." By way of further answer, the total amount of the quote does not include the cost of any pallet aisle protectors. In addition, it is denied that the document attached to Plaintiff's Complaint as Exhibit "C" represents a confirmation by Defendant that the pallet aisle protectors referenced in the quote would be shipped to Plaintiff. To the contrary, the quote specifically stated it was "subject to prior sale," which in the industry means that the items in the quote are subject to availability as more fully set forth in the New Matter, which is incorporated herein by reference. 8. Admitted in part and denied in part. It is admitted that Plaintiff contacted Defendant to request shipment of a quantity of aisle protectors. Plaintiff's averment in paragraph 8 is denied to the extent it alleges the disputed quantity of goods involved is 44. Defendant's quote, Plaintiff's purchase order, and Defendant's invoice of June 8, 2006-which are attached to Plaintiff's Complaint as Exhibits "A," "B" and "C," respectively-all reflect that Plaintiff indicated it had a need for 56 aisle protectors. Plaintiff received from Defendant all 13 of the aisle protectors available to it at the time in question. The difference between 56 and 13 is 43, rather than 44. Although paragraph 7 of Plaintiff's Complaint correctly states the disputed quantity of goods as 43, paragraphs 8, 9, and 10 of the Complaint contradict this allegation and state the disputed quantity as 44. 9. Defendant is without knowledge sufficient to form a belief as to the truth of the matters asserted in Paragraph 9 of the Complaint and strict proof of the same is demanded at the time of trial. 10. Defendant is without knowledge sufficient to form a belief as to the truth of the matters asserted in Paragraph 10 of the Complaint and strict proof of the same is demanded at the time of trial. 11. Admitted. 12. Admitted. By way of further answer, the allegation in Paragraph 12 of the Complaint is inappropriate as Defendant chose not to defend the action before the Magisterial District Judge; rather, it appealed the default judgment to this honorable Court. Since the current action is de novo, the allegation in Paragraph 12 is irrelevant and inappropriate to the instant proceedings, and Defendant thus requests that this paragraph be stricken. WHEREFORE, Defendant Conesco Storage Systems respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, and dismiss Plaintiff's Complaint with prejudice. NEW MATTER 13. The averments set forth in paragraphs 1 through 12 of this Answer are incorporated herein by reference as if more fully set forth at length. 14. Defendant is in the business of removing used equipment from industrial facilities, warehouses, etc., and selling it to buyers who have a need for such equipment. 15. At the time Defendant prepared the quote, Plaintiff and Defendant understood that Plaintiff had a need for 56 pallet aisle protectors in addition to the other items listed on the quote. 16. Defendant was unable to confirm whether any aisle protectors were available to meet Plaintiff s needs. 17. As Defendant was unable to confirm whether the used equipment that was to be removed from the salvage location and sold to Plaintiff included aisle protectors, Defendant did not include the cost of such aisle protectors in the total price of the quote. 18. The following language is clearly printed on the quote: "Equipment sold as is, where is, with no guarantee or expressed warranty. All sales are final, orders cancelled prior to shipment will be charged a 15% restocking fee. Used equipment subject to prior sale." 19. The phrase "subject to prior sale" is a term of art that is used in Defendant's industry to signify that the seller's offer to supply the goods in question is subject to the seller's acquisition of those goods as a condition precedent to the seller's liability under the contract 20. At no time was Plaintiff charged for the cost of any aisle protectors as all parties were aware that the availability of those items was questionable. 21. Plaintiff understood that the 56 aisle protectors listed on the quote and on the invoice of June 6, 2008 were subject to prior sale, and were listed on the quote and the invoice with the condition that they would only be shipped if Defendant was able to obtain them. 22. Defendant was able to obtain only 13 aisle protectors at the time in question, which it promptly shipped to Plaintiff. 23. As Defendant's shipment to Plaintiff of the remaining 43 aisle protectors was subject to availability, Defendant is not liable for its inability to ship 56 aisle protectors WHEREFORE, Defendant Conesco Storage Systems respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, and dismiss Plaintiffs Complaint with prejudice. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. Merritt C. Reitzel, E 2080 Linglestown Roa , Suite 201 Harrisburg, PA 17110-9670 PA ID Nos. 25488 & 92069 Date: 1 '-o /C--,e VERIFICATION I, Bob Green, am an authorized representative of Conesco Storage Systems, and I do hereby state, under penalty of 18 P. S. § 4904 relating to unworn falsification to authorities, that all facts and allegations set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information, and belief. CONSECO STMAGE SYSTEMS By: O Bob Green ?j?? Date: J , Z -l CERTIFICATE OF SERVICE I, Merritt C. Reitzel, Esquire, hereby certify that on this 28th day of January, 2008, I served a true and correct copy of the foregoing Defendant's Answer with New Matter via First Class US Mail, postage prepaid, upon the following: THOMAS G. KLINGENSMITH COUNSEL FOR LIFT, INC., PLAINTIFF 45 EAST ORANGE STREET LANCASTER, PA 17602 E CF) - ?7 Y?J f,?7 Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 (717)393-3684 FAX (717)393-0653 Attorney I.D. #23239 Attorney for Plaintiff LIFT, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-7589 46 00G1 CONESCO STORAGE SYSTEMS, INC. Defendant CIVIL ACTION -LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 13. No answer is necessary 14. Admitted. 15. Admitted in part and denied in part. At all times Defendant was aware that the aisle protectors were included in the quote. 16. Denied. It is denied in that the information is within the exclusive knowledge of Defendant. Strict proof is hereby demanded at the time of trial. 17. Denied for the reasons set for in reply to Paragraph 16. 18. Denied. It is denied in that all documents speak for themselves. 19. Denied. It is denied that "subject to prior sale" has a meaning attributed to it by Defendant. Strict proof is demanded at the time of trial. 20. Denied. At all times the Plaintiff assumed that the aisle protectors were part of the contract. 21. Denied. Strict proof of the allegation is demanded at the time of trial. 22. Admitted. 23. Denied. It is denied because it is a conclusion of law. Strict proof is demanded at the time of trial. WHEREFORE, Plaintiff demands judgment against the Defendant as specified in the original complaint. Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN By: y T mas . lingensmith A rrrney for Plaintiff 45 East Orange Street Lancaster, PA 17602 (717)393-3684 I.D. #23239 VERIFICATION I, KIRK W. SEARS, being duly sworn according to law, deposes and says that I am Vice President of Lift, Inc., and verify that the statements made in this foregoing Reply to New Matter are true and correct to the best of my knowledge, understanding and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 3o b Date P__3 =k C r ` Ta ; c ..c rn - Y y?, , ? ern Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 (717)393-3684 FAX (717)393-0653 Attorney I.D. #23239 Attorney for Plaintiff LIFT, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-7589 ? 0JUGIML CONESCO STORAGE SYSTEMS, INC. Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Thomas G. Klingensmith, Esquire, of Gingrich, Smith, Klingensmith & Dolan, hereby certify that I have this day served true and correct copies of the foregoing Complaint upon the following person and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail to: Steven J. Schiffman, Esquire Merritt C. Reitzel, Esquire Serratelli, Schiffman, Brown & Calhoon, P.C. Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 GINGRICH, SMITH, KLINGENSMITH & DOLAN By: Y/W)-U?LJ 11 6I Thomas G. Klingens ith, Esquir Attorney for Plaintiff I.D. #23239 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 Dated: February 1, 2008 -n -c, ..-{ f? F,- :W ; X :n y 5 ..-r t G 3y ` ? LIFT, INC. VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7589 20 CONESCO STORAGE SYSTEMS, INC. Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas G. Klingensmith, 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 plaintiff in the action is $ 7,746.00 The counterclaim of the defendant in the action is 0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Thomas G. Klingensmith, Esquire, Steven J. Schiffman, Esquire & Merritt C. Reitzel, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, Esq., and 200__-_, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY 94 co C3 C-2 td3 rx7 ?? Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 (717)393-3684 FAX (717)393-0653 Attorney I.D. #23239 LIFT, INC. Plaintiff vs. CONESCO STORAGE SYSTEMS, INC. Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7589 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Thomas G. Klingensmith, Esquire, of Gingrich, Smith, Klingensmith & Dolan, hereby certify that I have this day served true and correct copies of the foregoing Petition for Appointment of Arbitrators upon the following persons and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail to: Steven J. Schiffinan, Esquire Merritt C. Reitzel, Esquire Serratelli, Schiffinan, Brown & Calhoon, P.C. Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 GINGRICH, By: TlLgmas G. Klinge ' n Attorney for Plainti I.D. #23239 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 & DOLAN Esquire Dated: February 11, 2008 s D3 IN THE COURT OF COMMON PLEAS OF LIFT, INC. ; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 07-7589 VS. CONESCO STORAGE SYSTEMS, INC. Defendant 20 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas G. Klingensmith, 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 plaintiff in the action is $ 7,746.00 The counterclaim of the defendant in the action is 0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Thomas G. Klingensmith, Esquire, Steven J. Schiffman, Esquire & Merritt C. Reitzel, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, Vt? 200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are ppointe arbitrators in the above captioned action (or actions) as prayed for. By Court, 111'e0 A T "? cry w? 4 iz to i" t .u1 t,opj05 pSrN? she " `?. pgit yel . Esl- M,rrift C Q? a ? oo O a 0 -a CZO ? _ Z .. L 3 LS LIFT, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CONSECO STO SYSTEMS, INC., Defendant CIVIL ACTION- LAW NO. 07-7589 ARBITRATION NOTICE OF ARBITRATION HEARING NOTICE is matter will hold a offices of Johnson, July 21, TO: Thomas Klii 45 East Ora Lancaster, I Attorney for Steven J. Sc Merritt C. Re 2080 Lingle: Harrisburg, I Attorney for :3292480 given that the Arbitrators appointed by the Court to hear and decide the above for the purpose of their appointment on Friday, August 22, 2008, 2:00 P.M., in the , Stewart & Weidner, 301 Market Street, Lemoyne, Pennsylvania. :nsmith, Esquire e Street 17602 aintiff fman, Esquire :I, Esquire vn Road, Suite 201 17110 Richard W. Stewart, Chairman Jennifer Spears, Esquire 10 East High Street Carlisle, PA 17013-3015 Arbitrator John A. Statler, Esquire 301 Market Street Lemoyne, PA 17043 Arbitrator Prothonotary, Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 [17 C) -y i . 1 11 it LIFT, Ili. • Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 - 7589 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity Signature ?k? Richard W. Stewart Name (Chairman) Johnsc n Duffie Law Firm P.O. Box 109 301 Market Street Address Lemoyne, PA 17043-0109 City, zip 400Signs e Jennifer Spears Name vaL 140 Ot6 Law Firm 10 East High Street Address Carlisle, PA 17013-3015 City, zip 77>'?-- Signature Jahn A. Statler Name Johnson Duffie Law Firm P. O. Box 109 301 Market Street Address Lemoyne, PA 17043-0109 City, zip 114131 /Aws //y3/ 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.) W< lr?na ^ ,,% YQV6e, 6F 4 ,c kp,(4„ . ?„? ?,t G, r Sfi?wa.- • Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 8/22/08 Date of Award: 22 0? Notice of Entry of Award Now, the 2L4k,day of , 20??, at 1n: -1y , ?.M., the above award was entered upon the docket and notice thereo given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ Prothonotary By: Deputy CD I rY 1?'