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Home My WebLink About08-6754COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS The 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 09 NOTICE OF APPEAL Votice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. -,ameron Management Inc. 109-2-02 I Hon. Jessica Brewbaker 3000 Canby Street Harrisburg PA 17103 )ATE OF JUDGMENT IN THE CASE OF (PtainhM (uerenaanr) October 14, 2008 Tri-Boro Construction Supplies, Inc. VB Cameron Management Inc. ;V-0000207-08 rhis block will be signed ONLY when this notation is required under R.C.P.D.J. No. 1008B. rhis Notice of Appeal, when received by the Magisterial District Judge, )perate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy was Claimant (see Pa. R.C.P.D.J. No. efore a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. 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.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. DRAECIPE: To Prothonotary =nter rule upon Tri-Boro Construction Supplies, Inc. Nfine of appellee(s) appellee(s), to file a complaint in this appeal Common Pleas No. &'99- within twenty (20) days after service of rule or suffer entry of judgment of non pros. nature of appellant or attorney or agent RULE: To Tri-Boro Construction Supplies, 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 if 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. , Date: Nov. a() 2008 ,/ ? S' ?reo rot otary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. kOPC 312-05 ?^ COMMONWEALTH OF PENN; VANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BRENBAKER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717) 240-6564 17013 ATTORNEY DEF PRIVATE : JAN L. BUDKAN 213 MARKET ST 3RD FL HARRISBURG, PA 17101-2121 NOTICE C JUDGMENTfTRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rT-RI-BORO CONSTRUCTION SUPPLIES, INd 1490 RITNER HIGIRWAY CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS rCAMERON MANAO?II'r INC. 7 1000 N. CAMERON ST HARRISBURG, PA 17103 L J Docket No.: CV-0000207-08 Date Filed: 7/25/08 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) 10/14/08 Judgment was entered for: (Name) TRI-BORO CONSTRUCTION SUPPLIES ® Judgment was entered against: (Name) CAMERON INC. in the amount of $ 4, 279.2 1-1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 17 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 4,103.62 $ 175.65 $ • $ .00 $ 4,279.221 S S Certified Judgment Total $ 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. I Date YI?M?tLI Z., j?.-? , Magisterial District Judge I certify that this is a true and c4r4ct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge 2012 My commission expires first Monday of January, SEAL ! t Charles B. Gibbons Jan L. Budman II BUCHANAN INGERSOLL & ROONEY PC One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 T (717) 237-4800 F (717) 233-0852 charles.gibbons@bipc.com jan.budman@bipc.com Attorney for Appellant CAMERON MANAGEMENT, INC., Appellant V. TRI-BORO CONSTRUCTION SUPPLIES, INC., Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-6754 PRAECIPE TO ATTACH CERTIFICATE OF SERVICE Kindly attach the signed Certificate of Service pursuant to Pa. R.C.P.M.D.J. 1005 to Cameron Management Inc.'s Notice of Appeal that was filed in the above-captioned matter on November 13, 2008. Respectfully submitted, Date: November 14, 2008 Charles B. Gibbons, Esquire PA Attorney No. 08284 Jan L. Budman II, Esquire PA Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 (717) 237-4800 Attorneys for Appellant ?t CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Notice of Appeal and Praecipe to Enter Rule to File Complaint has been served by United States Certified Mail, Return Receipt Requested, in accordance with Pa.R.C.P.M.D.J 1005, on the following. John D. Miller, Esquire Miller, Poole & Lord, LLP 137 East Philadelphia Street York, PA 17401 Hon. Jessica Brewbaker 18 North Hanover Street Suite 106 Carlisle, PA 17013 G (3Jan . BudmanII Date: November 14, 2008 3 PQ f5 C) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRI-BORO CONSTRUCTION SUPPLIES, INC., Plaintiff VS. CAMERON MANAGEMENT, INC., Defendants NO: 08-6754 CIVIL ACTION - LAW AND EQUITY NOTICE TO DEFEND 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NAME: CUMBERLAND COUNTY BAR ASSOCIATION ADDRESS: 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE: 1-800-990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra.. Se le avisa que si no se defiende, la caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARR AVERIGUARDONDE PUEDE OBTENER ASISTENCIA LEGAL. NAME: CUMBERLAND COUNTY BAR ASSOCIATION ADDRESS: 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE: 1-800-990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRI-BORO CONSTRUCTION SUPPLIES, INC., Plaintiff VS. CAMERON MANAGEMENT, INC. Defendants NO: 08-6754 CIVIL ACTION - LAW AND EQUITY COMPLAINT AND NOW, to wit, this day of November, 2008, comes the Plaintiff, Tri-Boro Construction Supplies, Inc., by its attorneys, Miller, Poole & Lord, LLP and files the following: 1. TRI-BORO CONSTRUCTION SUPPLIES, INC. ("Plaintiff') is a Pennsylvania business corporation with its principal place of business located at 465 Locust Street, Dallastown, York County, Pennsylvania 17313. 2. CAMERON MANAGEMENT, INC. (the "Corporation") is a Pennsylvania business corporation with an address of 3000 Canby Street, Harrisburg, PA, 17103. 3. The Corporation filed a credit application with Plaintiff on February 8, 2007. 4. Based upon and relying on the credit application, Plaintiff extended credit to the Corporation via Account No. 51350. A true and correct copy of said credit application and credit inquiry is attached hereto as Exhibit A and incorporated herein by reference. 5. The Corporation purchased and received materials and goods in January, 2008, in the amount of $ 3,809.22. 6. The Corporation has made no payments on the account. 7. Beginning on February 29, 2008, finance charges began to accrue on the account. To date, finance charges have been applied to the account in the amount of $661.14. 8. To date, costs of collection have totaled $163.80. 9. The Defendants, after reasonable demand, via invoicing and collection notices have failed and/or refused to pay the balance outstanding on account with Plaintiff. 10. The Defendants have never notified the Plaintiff of any change in the structure, ownership or otherwise of the Corporation or any sale thereof. 11. Plaintiffs extension of credit was induced by and relied upon the credit application and credit inquiry of Cameron Management, Inc. COUNTI TRI-BORO CONSTRUCTION SUPPLIES, INC. vs. CAMERON MANAGEMENT, INC. Account Stated 12. Paragraphs 1-11 set out above are incorporated herein by reference. 13. The Corporation is liable to Plaintiff on an account stated in the amount of $4,470.36. 14. To date, costs of collection have totaled $163.80. WHEREFORE, Plaintiff demands judgment against the Corporation in the amount of $4,634.16 together with continuing interest and costs of suit. COUNT II TRI-BORO CONSTRUCTION SUPPLIES, INC. vs. CAMERON MANAGEMENT, INC., Contract 15. Paragraphs 1-14 set out above are incorporated herein by reference thereto. 16. The Corporation is liable to Plaintiff in the amount of $4,470.36 under its contract to purchase goods and materials from Plaintiff. 17. To date, costs of collection have totaled $163.80. WHEREFORE, Plaintiff demands judgment against the Corporation in the amount of $4,634.16 together with continuing interest and costs of suit. COUNT III TRI-BORO CONSTRUCTION SUPPLIES, INC. vs. CAMERON MANAGEMENT, INC., Unjust Enrichment 18. Paragraphs 1-17 set out above are incorporated herein by reference thereto. 19. The Corporation has been unjustly enriched by reason of the receipt of material, supplies and goods without paying therefore. 20. By reason of the Corporation's unjust enrichment, it is liable to the Plaintiff in the amount of $4,470.36. 21. To date, costs of collection have totaled $163.80 WHEREFORE, Plaintiff demands judgment against the Corporation in the amount of $4,634.16 together with continuing interest and costs of suit. Date: Pl- V ` / ? X00 Respectfully submitted, MILLER, POOLE & LORD, LLP r- cpll?l John D. Miller, Jr. Pa. Bar No. 25753 137 East Philadelphia Street York, PA 17401 (717) 845-1524 UNSWORN VERIFICATION The tbregoing document is based upon facts and ilifonnation'which has been gathered by me in the preparation of this law suit. The language of the document is that of counsc;l. I have read the document and the facts set forth therein are true and correct to the best of my knowledge, information and belief. This statement and verification are made. subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn fal;aification to authorities, which provides that if 1 knowingly make false aver-nents,1. may be subject to criminal penalties. Dated: V?a LIT w.. '1?00;? Glenn C. Rexroth, Pres Tri-Boro Construction Supplies, Tnc. rep U/ U/ 1C:I-rv t dtrler'Url t'tdrtdretnertl. 1riU 111CJCOUI.7 P.1 ameron DEMENT Request For Credit Entity Information: Cameron Manacyemeut. Inc. 1000 N. Cameron Street, Harrisburg, PA 17103 Pennsylvania Corporation: March, 04 FEIN# 20-1213485 Account Contact E ank Yohe Ph 717-233-3000 Ext 1 Insurance Company: Erie Insurance. Agent: Fetrow Insurance Ph. 717-233-4001 Business Description: Cameron Management is the vteneral partner of Cameron Real Estate, LP and is currently engaged in the construction and management of the 22 million-dollar Capitol View Commerce Center proiect at 1000 N. Cameron Street Harrisburg, Pennsylvania. Thereafter, Cameron Management will be planning for an additional office tower at 600 North Cameron Street. ank References: c ommerce Bank. 3801 Paxton Street, Harrisburg, PA 17111. ontact: Adam Metz, Ph. 800-653-6104 T de References: Erdman Anthony, 3 Crossgatc Drive Suite 100, Mechanicsburg, PA 17050. Contact: Douglas Aldinger. Ph, 717-766-1741. Fax, 717-766-5516 Industrial Design & Construction- 1013 Mumma Road Suite 100, Lemoyne, PA 17043.Contact: Clifton Guise. Ph. 717-731-9600 Fax: 717-731-9627 DR1 Coltsultin& Develotmicnt I_LCDeveloon'"t f_LC, 200 Locust Street, Harrisburg, PA 17101 Contact: Daniel R. Li ei Plt. 717-221-1602 Fax. 717-234-9734 YRowe Transport Inc, 6207 Harding Street, Indianapolis, IN 46217 Contact: Chris Anderson Ph. 317-787-9437 MOON. U:\RIF.RON S1: - HAR1,ISRURC, R\ 1710:3 - TEL: 717-232-6017 - FAX: 717-232-I O19 ren U-/ u l le: 1-4p uameron management inc /1'/???bU15 p• Z Lug J' LeA YvL,,, k 0. 435 LOCUST S_. • RO. BOX S 1490 RITNER HIGHIIUAY DALLAS OWN. PA 17313 CARLISLE. PA 17013 ,I ,'71 ' 246-3095 • 1-800-632-90.18 (717) 249-5448 1-800-248-639C FAX (717) 246-3506 FAX (717' 249.9696 CRTHDIT APPLICA71 ON NAME TELEPHONE ADDRESS FKX NO. STREET EIN NUMBER CITY STATE ZIP P. 0. NOS. REQUIRED? -YES NO OFFICERS NAME ? ITLE HOME ADDRESS TELEPHONE OFFICERS NAME TITLE- HOME ADDRESS TEL -PI-IONS TYPE OF GATE APPROXIMATE MONTHLY CREDIT BUSINESS EST. RIASI-IED, REQUIREMENTS- PLEASE NI_ TE: Jnclucle ncc ull)_u_ui71U^rt when possible - especially for John 1-I. Mvers & Son. TRADE REFERENCE TELEPHONE TF,ADE P FFEREQC E TELEPHONE 'T'RADE REFERENCE ADDRESS FAX ADDRESS TELEPHONE BANK REFERENCi-? ---- FAX ADDDRESS FAX ADDRESS CITY STATE ACCT. NO. CITY STATE: ACCT. NO. CITY STATE ACCT. NO. C1 Ty STATE TELEPHONE FAX ACCT. NO. ""HE SIGNATURE, L'E•LOW ALITAORIZES .•' NY OF TILE ABOVE TO PROVIDE CREDIT INFORMATION. 1 acluowledge ary unpaid l,al .)(:L? ..,JCIII'll ^?litlI be rhartled hitcres at !S°,;, per v°ar or 1.5% I')cr month. ? - ZLfA7 C •? Sl l:,'?,1"I'UPE rt'ncsl:.+II I s?cav.? ruRE WILL ItE BINDING) DATE COMPANY TIAIAE CONCRETE AND MASONR'.1 Hf,HD TOOL ,'C` VE = 7RCO tEL BLADES,THORCi PRODUCTS - PACKAG=_C• POFTLAND AND,"VASONFI CEPrENT MASON SAND A%D S'OWE„COWV.:lcTE o_A.;6R`3 ah6G CUR114G CON4POtJND EXPANSION- JOINTS • REBA.R C.. WIRE [JESH auNU UUM. I R. SuN 7172!163506 P.01/01 435 LOCUST ST. P.O. BOX 8 1490 RITNER HIGHWAY DALLASTOWN, PA 17313 CARLISLE, PA 17013 (717) 246-3095 • 1-800.632.9018. (717) 249-6448 • 1-800.24e-s990 FAX (717) 246.3506 FAX (717) 20.9696 *NSTRUCCITION SUPPLIES, IND. CREDIT INQUIRY Date: 31$ f D 7 To: I n 6 u 51 r, art 'DLO 51 Jc ri a Ca n b? Kim Waggoner A/R t} ^ • i a & u 1 `te'e" Fax (717) 246-3506 FAX: (70) -7 31- qb A'7 RE: CA Pty e r6 n ??t r4 I ?P54-- 4- P PLEASE RUSH -- ORDER PENDING 111 - CA Lrnt ro n yY5""-"' ACCT# The customer listed above has named your company as a credit reference when applying for credit with our company. Please answer the appropriate items Flow. This information will be used only to determine credit worthiness and will be held in strict confidence. Bate Account Opened Date of Last Sale ?Z ` 2 5 o 7 Terms High Credit S /Yf/LLION Credit Limit Z- -7 Present Balance Due.- - Amount Past Due ' 0- Number of Days Past Due - 0 r Manner of Payment: Discount YES Prompt & Satisfactory Prompt to Days Slow Slow But Collectible Slow & Unsatisfactory C.O.D. Credit Refused Comments Signature Title e/? .a Date 3-.21-O 7 Thank you for your prompt reply. We will gladly reciprocate if- you need similar credit information. Please fax completed inquiry to (717) 24b-3506. CONCRETE AND MASONRY HAND TOOLS, POWER TROWEL. BLADES • THORO PRODUCTS 4 PACKAGED PORTLAND AND MASONRY CEMENT MASON SAND AND STONE 4 CONCRETE SEALERS AND CURING COMPOUND • EXPANSION JOINTS • REDAR & WIRE MESH TOTAL P.01 435 LOCUST ST. • P.O. BOX 8 1490 RITNER HIGHWAY DALLASTOWN, PA 17313 CARLISLE, PA 17013 (717) 246-3095 1-800-632-9018 (717) 249-6448 • 1-800-248-6590 FAX (717) 246-3506 FAX (71.7) 249-9696 *NMSTRUCITION SUPPLIES, INC. CREDIT INQUIRY Date: 31 to To: *? 0 LA" -eTf a vi :5 PO f F RE: Kim Waggoner A/R Fax (717) 246-3506 PLEASE RUSH --- ORDER PENDING ! ! ! ACCT# The customer listed above has named your company as a credit reference when applying for credit with our company. Please answer the appropriate items below. This information will be used only to determine credit worthiness and will be held in strict confidence. Date Account Opened 11?/ SJ/b Date of Last Salle Terms -7 (Th -7 QI V High Credit Credit Limit Present Balance Due Amount Past Due Number of Days Past Due Comments: tAQ,c s .D Credit Refused Signature M " 5 S ?-l Title &.Aj n (- Date Thank you for your prompt reply. We will gladly reciprocate if you need similar credit information. Please fax completed inquiry to (717) 246-3506. Manner of Payment: Discount be"" Prompt & Satisfactory Prompt to Days Slow Slow But Collectible Slow & Unsatisfactory C.O.D. CONCRETE AND MASONRY HAND TOOLS -POWER TROWEL BLADES @THORO PRODUCTS, PACKAGED PORTLAND AND MASONRY CEMENT MASON SAND AND STONE • CONCRETE SEALERS AND CURING COMPOUND , EXPANSION JOINTS • REBAR & WIRE MESH ((if) t4s-3095 - 1-800-632.9018 (717) 249-6448 - 1-900-248-8590 FAX (717) 246-3506 FAX (717) 749-DOW ION -SUPPLIES, INC, FINANCIAL INST IMION CREDIT INQUIRY Z o DATE: at?-, q, TO: (20" , re ae- -bA lV k FROWNim Waggoner FAXI ' f / f q FAX: (717) 246-3506 APP'LICAN'Tt am 90,V MWAGF, ?NcPLEASE RUSH -- ORDER PENDING III -yo S Axe The customer listed above has named your flnaacial 1nst?tutios as a credit refereaee wgen applylog for credit with our company. Please refer to the enclosed copy of the credit appitcatton wittt the algasture Indicating their approval for your institution to release information to our company. Please answer the appropiiatc items below. This information will be used only to determine credit worthlue" and will be held is atrlet confidence. TYPE OF ACCOUNT: ? CHECKING ACCT. NO., ZD a3 ,, DATE OPENED: SAVINGS LOANS: SECURED SATISF. LINE OF CREDIT! ?V p 3 ? ,? st S?-v?U1Ce? SIGNATURIC AND T54 DATE Thank you for your prompt reply. Please fez completed inquiry to (117) 246-3506. CONCRETE AND MASONRY HANDTOOLS -POWER TROWEL BLADES ¦VORO PRODUCTS a PACKAGED PORTLAND ANO MASONRf CEMENT MAso SAND AND 9fONE - CONCRETE SEALOS AND &Ug ifa C611POUND i EVANG101i Jaws • REBAR &Wme MESH TOTAL P.02 Z0 ' d "14101 'z-, -„ C'e""' 435 LOCUST ST. a P.O. BOX 8 1490 RITNER HIGHWAY DALLAVOWNj PA 17913 CARLISLE, PA 17013 (717) W-3095 • 1-800-032-9018 (717) 249-14429 • 1400-248-A60o FAX (717) 246.3606 MAX (717) 249.9696 NSTRUCI SUPPLIES, INC.. CREDIT INQUIRY Date: 9-0&27 To; j:-g,0eq AJW AJgTH0A y Kimberly Waggoner Fax (717) 246-3506 FAX: (7/7)'7 4 ,? "S?6'1 tw RE( 3jME"? f R49A&?F,,Vr ,u,.PLEA3E RUSH -ORDER PENDING I 1 ! The customer listed above has named your company ad a credit reference when applying for credit with our company. Please answer the appropriate Items below. This Informatlon will be used only to determine credit rthinese and will be hold in 9triot confidence. Data Account Opened ? ?'? o? Manner of Payment: Date of Last Sale 010 a'o r Terms P6., )0a High Credit -Aj Credit Limit Present Balance Due 3 o 00 Amount Past Due no-w-- Number of Days Past Due -Discount Prompt & Satisfactory _Prompt to _ Days Slow Slow But Collectible Slow & Unsatisfactory C.O.D. Credit Refused Comments; Stgnatu Title- Date lG Thank ou for your prompt reply. We will gladly reciprocate If. you need similar credit Information, Please fax completed Inqulry to (717) 246-3506. CONCRETE AND MASONRY HANDTOOL8 v POWER TROWEL BLADES mTHORO PRODUCTS a PACKAGED PWTLAND AND MAWNRY CEMENT MASON SAND AND STONE o•CONCRETE SEALERS AND CURING COMPOUND • EXPANSION JOKIV s REBAR A WIRE MESH TM/TM I -I CDICCObT.J.tI, drTZ k11 CNIY1 rruna 7 w c4v, Y I fAA'J__rPf n, i CERTIFICATE OF SERVICE AND NOW, the undersigned hereby certifies that I have, on the date written below, served a true and correct copy of the foregoing Complaint, by regular mail addressed to: Jan L. Budman, II BUCHANAN INGERSOLL & ROONEY PC One South Market Square P.O. Box 12023 Harrisburg, PA 17101-2023 Date: l l-f HK MILLER, POOLE & LORD, LLP John D. Miller, Pa. Bar No. 25753 137 East Philadelphia Street York, PA 17401 (717) 845-1524 C7 p C C= -n -c F y = a rn r a ,? ILn IN THE COURT OF COMMON PLE. CUMBERLAND COUNTY. PENNSYLV. TRI-BORO CONSTRUCTION SUPPLIES, INC., Plaintiff NO: 08+.6754 VS. CAMERON MANAGEMENT, INC., Defendants CIVIL ACTION - LAW AND EQUITY NOTICE OF INTENTION TO OFFER DOCUMENTS INTO EVIDENCE PURSUANT TO Pa. R.C.P. No. 1305 (b)(1), YOU ARE REREBY NOTIFIED that Plaintiff, TRI-BORO CONSTRUCTION SUPPLIES, INC. intends to offer the following into evidence in the above captioned matter: 1. Credit Application and Credit Inquiry for Cameron Management 2. Invoice from Tri-Boro Construction Supplies, Inc. to Cameron Management dated January 28, 2008. 3. Letter dated March 14, 2007, from Tri-Boro Construction Supplies, Inc. to Cameron Management, Inc. 4. Letter dated October 4, 2007, from Tri-Boro Construction Supplies, Inc. to Cameron Management, Inc. 5. Letter dated May 2, 2008, from Tri-Boro Construction !Supplies, Inc. to Cameron Management, Inc. 6. Registered letter dated June 4, 2008 from Tri-Boro Co struction Supplies, Inc to Cameron Management. This Notice is pursuant to Pa. R.C.P. 1305. Dated: ?Jft 1 qj ?062E Respectfully Submitted, MILLER, POOLE & LORD, LLP John D. Miller, Jr., Esqu' e Sup. Ct. I.D. No. 25753 137 East Philadelphia Strleet York, PA 17401 (717) 845-1524 IN THE COURT OF COMMON PLE. CUMBERLAND COUNTY, PENNSYLV TRI-BORO CONSTRUCTION SUPPLIES, INC., Plaintiff VS. CAMERON MANAGEMENT, INC., Defendants NO: 086754 II • I ' i I CIVIL ACTION - LAWANEQUITY CERTIFICATE OF SERVICE AND NOW, this 1 l T day of 1W , 20 Or? I, John D. Mille', Jr., Esquire hereby certify that I have, this date, served a copy of the Notice of Intention to Off? Documents, in the above captioned matter, by depositing a copy of the same in the United Sates Mail, postage prepaid addressed to the following: Jan L. Budman, II BUCHANAN, INGERSOLL, & ROONEY, PC One South Market Square P.O. Box 12023 Harrisburg, PA 17101 Respectfully Submitted, MILLER, POOLE & LOP, LLP John` fH"Miller, Jr., Esq Sup. Ct. ID. No. 25753 137 East Philadelphia York, PA 17401 (717) 845-1524 3 reD ur ur IC:I -rr, Ldinerurl ridriarGrineriV Inc; !I lCJ'i,CbU1.7 10.1 ameron NINN.AGEMENT Request For Credit Entity Information: Cameron Management, Inc. 1000 N. Cameron Street, Harrisburg,, PA 17103 Pennsylvania Corporation: March, 04 FEIN9 20-1213485 Account Contac ; Yohe. Ph. 717-233-3000 Ext I> Insurance Company: Erie tnsurance. Agent: Fetrow Insuranc Ph. 717-233-4001 Business Description: Cameron Management is the general partner of Cameron Real Estate, LP and is currenrly engaged in the construction and management of the 2 million-dollar Capitol View, Commerce Center project at 1000 N. Cameron treet Harrisburg, Pennsylvania. Thereafter, Cameron Management vvill be plan ing for an additional office tower at 600 North Cameron Street. ank References: Commerce Bank. 3801 Paxton Street, Harrisburg, PA 17111. Contact: Adam Metz, Ph. 500-653-6104 T de References: Erdman Anthony. 3 Crossgatc Drive Suite 100., Mechanicsburg, PA 17050. Contact: Douglas Aldinger. Ph. 717-766-1741. Fax, 717-766-$516 I Industrial Design & Construction. 1013 Mumma Road Suite 100, Lemoyne, PA 17043.Contact: Clifton Guise. Ph. 717-731-9600 Fax: 717-7319627 DR1.. CollsultiIlI & Development LLC, 300 Locust Street, Harrisburg, PA 17101 Contact: Daniel R.. Lipi Ph, 717-231-1602 Fax. 717-234-9734 YRowe "Transport Inc, 6207 Harding Street, Indianapolis, IN 46217 Contact: Chris Anderson Ph. 317-737-9437 I(101)V. Cr\INdF.RON ST • HA RI,IS KIJIt(;, RA 17103 • TEL: 717-232-6017 1 FAX: 717-232-6(l1E1 EXHIBIT I 1-en U/ Ui 1--:1410 uameron management inc bU1J P.2 ??t 1 J' l)tZ YYlti1?l. C' 4'35 LOCUST S-. • a.O. BOX S 1490 RITNER HIGHWAY t . i DALLAS T OWN, PA 17313 CARLISLE. PA 1701,3 I :? i?la i I ?') 246-3095 - 1-800-632-90-18 (717) 249-5448 1-800-248-6?'9C I FA (717) 246-3506 FAX (717'249-9696 NAME CR ,DDT APPLICA'i TON TELEPHON ADDRESS FAX NO, STIR EE T EIN NUMB CITY STATL ZIP P. 0. NOS. OFFICERS NAME rIT'LF - OFFICERS NAME TITLE- TYPE OF DATE BUSINESS ESTAF LI511LL: _ _^ PLEASE Nv`,TF_: Include accou; !_iiurnb TRADE R.EFERENCE- TELEPHONE TP.ADE 'P FFEREN C TELEPHONE TRADL- PEFFRE)qCaF TELEPHONE SANK REFERETICE: TELEIIETONE HOME HOME when possible - especial ADDRESS FAX ADDRESS -?- -!- - .. FAX 1%DRESS FAX ADDRESS FAX ?.UIRED? - YES NO HESS TELEPHONT- ZESS TELE.PI-1 ON E. ROXIMATE MONT;ILY CRED17 jU1 KEMENTS - CITY STATE ACCT. NO. CITY STAIR ACCT. NO. CITY STATE ACCT. NO. CITY STATE ACCT. NO. I aclu,owled,e ar• unpaid hal ;n::.. purr! ::hall be ctiarpd interest at IS°o per year or Iper month. qq??-? r ?t l 144 7 cOorer-MANY1r(:;hae S l c:,••? ATLIRE (1?ACSiNIFL . SIGN.A'CLRE 11'ILLBE 133NDINC,) DATE ' C N, , CJtJCRc FE .4tJD UiIL.SONRY -'!',hlC• TOGc= :'C ?M1fE F _1!?EL ELp.DES THGRO ?RGDUCT S PpCIC C5C POPTLAND AND 00ASONI-V C'EPrEN hQ..SON SAND .+?FdD S OIdE CC:1'?:':=1ETE = p=ER`:: MID CURING CONVPOUiJD " E1,P&K&lO ' JOINTS • REBA,FI C.. WIRE MESH I k 1 JrIJNU uiNS I ?Y. 5uN 7172463506 F.01/01 435 LOCUST ST- • P.O. BOX 8 1490 RITNER HIGHWAY DALLASTOWN, PA 17313 CARLISLE, PA 17013 CIO(717) 246-3095 • 1-800.63,2.8018 (.717) 249-6448 - 1-800-24"590 FAX (717) 246.3506 FAX (717) 24919696 *NSTRUCTION SUPPLIES, INC. CREDIT INQUIRY Date; 3)8/0 -7 To: n d u 51 r, a,? bg 5 i Jc n °+ 0o y\6+ KIm Waggoner Q+-F n'. G 1,'F-} o n (emu 1 5-e. Fax (717) 246-3 FAX: (71-2) -7 3 1- 96 A `7 RE: C )q M,-r d n -?-e r; I 4?57?z L D PLEASE RUSH -- ORDER PENDING I I I CA antra n f-t?51 a- ACCT# The customer listed above has named your company as a credit r ference when applying for credit with our company. Please answer the appropriate Items Lilo , This information will be used only to determine credit worthiness and will be held in strict Co dente. Date Account opened lc9"1" a 46 Date of Last Sale -Z - 2 5-- o 7 Terms SGT _'?O High Credit rn?t4?o? Credit Limit ?- Z.cra? Present Balance Due- _ Amount Past Due ' O Manner of YD`S Prompt & Satisfactory to Days Slow Slow 1But Collectible Slow 4 Unsatisfactory C.O. Credit Number of Days Past Due -0- Comments: Signature Title Thank you for your prompt reply. We will gladly reciprocate if information. Please fax completed inquiry to (717) 246-3506. Date -,2l-0 7 you need similar credit CONCRETE AND MASONRY HANDTOOLS - POWERTROWEL, BLADES -THORO PRODUCTS - PACKAG PORTLAND AND MASONRY CEMENT MASON SAND AND STONE - CONCRETE SEALERS AND CURING COMPOUND - EXPANSION J INT3 - REBAR & WIRE MESH TOTAL P.01 435 LOCUST ST. • P.O. BOX 8 1490 RITNER HIGHWAY DALLASTOWN, PA 17313 CARLISLE, PA 17013 ORD (717) 246-3095 - 1-800-632-9018 (717) 249-6448 - 1-800-248-6590 FAX (717) 246.3506 FAX (71.7) 249-9696 VNSTRUCTION SUPPLIES. INC. CREDIT INQUIRY Date: 3/ Cp To: _R 0 w' -.e `1`ra w5 po r-+ F ( ) (,r? RE: ACCT# Kim Waggoner Fax (717) 246-35 PLEASE RUSH 4- ORDER PENDING ! ! ! The customer listed above has named your company as a credit r erence when applying for credit with our company. Please answer the appropriate items belo This information will be used only to determine credit worthiness and will be held in strict con dente. Date Account Opened Manner of P yment: Date of Last Salle l l D Terms PSI -? l1)ti 7 G?' P High Credit Credit Limit & Satisfactory to Days Slow Slow But Collectible Present Balance Due Slow Unsatisfactory Amount Past Due C. 0. . Number of Days Past Due Credit Refused Comments: Signature 5 S ?q Title (0, ,U n 4 (- Thank you for your prompt reply. We will gladly reciprocate if information. Please fax completed inquiry to (717) 246-3506. CONCRETE AND MASONRY HAND TOOLS -POWER TROWEL BLADES -THORO. PRODUCTS - PACKAC MASON SAND AND STONE - CONCRETE SEALERS AND CURING COMPOUND - EXPANSION Date you need similar credit PORTLAND AND MASONRY CEMENT VS - REBAR & WIRE MESH VI O Wog-3095 - 1-800.632.9018 (717) 2494445' - 1-800-240-090 PAX (717) 246-3506 FAX (717) 249-9698 N -SUPPLIES, INc, FINANCIAL INSTITLMON CREDIT INQ RY DATE: Q , Q o o '7 TOe (,:an1VL 95K,Ce- ANk FROM 'Kim Wag ner FAX: 7/ 1-1- 7 ! f ° .r / FAX: (717) 246-35 APPLICANT: L& 5041 &VA?E PLEASE ItUSH -- RDER PENDING 111 -kw S u0e The customer listed above bas named your tieancial institution as a credit refer a when applying for credit with our company. Please refer to the enclosed copy of the credit applicatl n w1iA the signature indicating their approval for your institution to release information to oar comps y. Please oeswer the appropriate items below. This information will be used only to determine credit orthlnels and will be held in strict confidence. TYKE OF ACCOUNT: . ?„ CHECKING ACCT. NO. ?. ~I SAVINGS ACCT. O. . DATE OPENED: NUMB of .S.F. his ye r) LOANS: SECURED SE D B S SATISF LINE OF CREDIT! S REA ARKS4 SIGNATI]Mt AND T E ATE Thank you for your prompt reply. 'lease fa: completed iagairy to (117) 6-3SO6. CONCRETE AND MAGO14AY HAND TOOLB - POWER TROWEL BLADES -1HORO PRODUCTS s PACKAGE PORTLAND AND MASONRY CEMENT MASON $AND AND STONE - CONCRETE SEALtAS ANO CUAIN(i 06MPOOND i EXPANSION JO NTS - REBAR &WIRE MESH r. -inc )r 1 aNnn nNnpr i N u 62: T T 000e-ET-S33 TOTAL P.0? T0'd "14101 435 LOCUST ST. I P.O. BOX 0 DALLASTOWN, PA 17313 &RD (717) 2464095 • 1-000.632-901 FAX (717) 248-3509 IWNSTRUCTION SUPPLIES, INC. CREDIT INQUIRY Date: P.;-- 4.: Q, A-.0 dV7 To; a( ?,?,/?'f-Ep.N Kimberly I Fax (71 FAX: (117)`7 RE(jMg:ILOl,! J s tAJY C4?JYl NT^-?-,AG PLEASE I The customer listed above has named your company ad a are( credit with our company. Please answer the appropriate Items used only to determine cred7., orthineee and will be held in striot Data Account Opened// ?? oo- - Manner 1490 RITNEA HICRHWAY CARLISLE, PA 17013 (117) 2p ?? I400-248-WOO 249-9696 ;goner 506 H - ORDF-R PENDING I I I reference when applying for low. This information will be nfidence. Payment: Date of Last Sale Ltia ' +'A Discount Terms w A ?a 4 - Piompt & Satisfactory High Credit Al P?ompt to Days Slow Credit Limit itf1, Slow But Collectible Present Balance Due pO? S1ow & Unsatisfactory Amount Past Due /?on^?- C?O.D. Number of Days Poet Due ? Credit Refused Comments: Slgnatu Title„ Date -2 lG Thank ou for your prompt reply. We will gladly reciproce If. you need similar credit information. Plonse fart completed Inquiry to (717) 246-3506. CONCRETE AND MASONRY HANDTOOLS, POWESTROWEL BLADES ?THORO PRODUCTS o PAC QED PORTLAND AND MASONRY CEMENT MASON SAND AND STONE i-CONCRETI BEALER9 AND CURING COMPOUND s EXPANSION JOINT'S s REBAR ME MESH ?w .?r? • . Ar?e?ter91 T 1 .Jlh?' ?J I Clll'4Y r??rw •-• -- - - - RoONsTRUCTION SU REMIT TO: TRI-BORO CONSTRUCTION SUPPLIES, INC. 435 LOCUST ST., P.O. BOX 8, DALLASTOWN, PA 17313 PHONE 717-246-3095 WATTS 800-632-9018 FAX 717-246-3506 WAGE Ntl 1 !? I PLIES, INC. 1490 RITNER HIGHV AY, CARLISLE, PA 17013 PHONE 717-249-64481 WATTS 800-248-6590 FAX CUSTOMER NO. JOB NO. PURCHASE ORDER NO. REFERENCE TERMS CLERK DATE TIME 513x9 DR # ?3F1 If -T -4 GLS 1!28C88 1:34 1'API Mq MAh?NT 1 S VITAL VIEW tY,lMFIFRCE CENTER DATE: 2r.1, ?, 98 IXX'# 15 54 "w .. b 10% N CAMERON ,T IM & C RON ST/LiAFt .ISbURG L. DATE- 1teR c. . . /Bg TERl9# 27 D Eh`E.D BY ION STIMER * [MICE T HARRISIM'13,, PA 1?103 1IICKFT SIGNED BY CUSl(PF.R S'SPR. 68 L D D Y LCA J 1G?lElE><?1ElE??sl?+? t 891 SALIES TAY ORDR 247338 OUANTm SHIPP D ORDERED KU CRIPTION NITS P EXTENSION .. ISM PrS #4 X "c9A ( fl T()N y pe EA 2891.39 TIE WIRE 16 GA BMANN RI x.18 !EA 83.60 1 L.A Bi IE EL SUFOWWGE FLAT RATE 1 10.88 "EA i8.99 TELF1 q#K # 717.232.6011' CARL-ISLE TRUCK DEL.IIA--'RY 182 DELIVERED BY GFf.G 1..25.08 I 'ttiw.wb ft 9!Wf ,1 EXHIBIT S1L[ TC1T 3a i (18 ,. RIVER NAME TRK NO. DATE , C RECEIVED BY TAX APOUNT 2 1;". G2 TOTAL- AMOUNT 3899. 22 CONSTRUCTION SU PAGE NO 1 PLIES, INC. REMIT TO: TRI-BORO CONSTRUCTION SUPPLIES, INC. B ANCH: 435 LOCUST ST., P.O. BOX 8, DALLASTOWN, PA 17313 1490 RITNER HIGH AY, CARLISLE, PA 17013 PHONE 717-246-3095 WATTS 800-632-9018 PHONE 717-249-644 WATTS 800-248-6590 FAX 717-246-3506 FAX 17-249-9696 CUSTOMER NO. JOB NO. PURCHASE ORDER NO. REFERENCE TERMS CLERK DATE TIME 1151350 N T 30 LLL 1/23/08 14:09 1 N1M??? ?? o CAMERON MANAGEMENT MERON COMMERCE - DOC# 247330 L 1000 N CAMERON ST ERR & CAMERON ST L. DATE: 1/2 3/08 TERM# 39 ***?t* *** AkRISBURG, PA ORDER o HARRISBURG PA 17103 CORDERED BY DON STOLFFER S SPR: 08 L ARRY LOHMAN AX 001 SALES TAX ? ?? QftDR 247330 OUANmv SHIPPED ORDERED UM SKU DESCRIPTION LOCATTON UNITS PRICE I PER EXTENSION 1 EA 2871080 REBAR LOT CHARGE 1 PCS #4 x 20-0 ( 4 TON ) 20 EA 289130 TIE WIRE 16 GA BLACK,ANN ROLL 28289 20 i EA 8150002 FUEL SURCHARGE FLAT RATE 1 3 W( DEL. BY CARLISLE TRW 717-232-6017 /2 > ' ORDE R ORDER ORDER ORDER ** ORDER ORDER ? Z t?2 i39 r?2 -off )RIVER NAME RK DATE , 1 3 RECEIVED BY DLit' j= J Tr: DATE DATE T_; :,E; ES.EhLL' F i. grit. MW;cN > 30 11 ... 60 sl -- N DER 90 AC.MH r•.l : 51350 14ANE: I_ .lj::"4'3ii iCi?i."N MANAGEMENT r_iii :i i5 717-2,32-S017, I'-T`, _A 0429/06 : 03 .. _- UP . ;. _ 152945 2 L01128/06 02/27/0,8 ORDR 0: 2473M 21 16384 1 F 02/29/0.8 03/30/08 217.1. 4 578664 1 F 03/31/08 04/30,108 .`_3.00 292168 1 €' 04./30/08 05/30/08 58.87 3=6884 i i? 05/31/08 06/30/08 "x.75 306534 1 F 061301CWj 07/30/08 x0.64 ACCOUNT TOTAL: 4103.62 0.00 610.64 9.75 58.87 58.00 3866.36 March 14, 2007 Cameron Management 1000 N. Cameron St. Harrisburg PA 17103 Acct# 51350 Dear Customer: We would like to thank you for the opportunity to serve you and anticipate you becoming a good charge account customer with us. Also, we would like to introduce your Sales Representative, Larry Lohman. Please do not hesitate to contact Larry, (717-324-3509), if you have any questions or concerns. Invoices are mailed several times a week with terms "Net 30." This means all invoices are due within thirty (30) days after date of invoice. If invoices are not paid within thirty (30) days, a finance charge will be assessed to your account an will be shown on your monthly statement. We hope to make this a profitable relationship for both of us d 4to serve your needs to the best of our ability. Sincerely, TRI-BORO CONSTRUCTION SUPPLIES, INC. Kim Waggoner Credit/Accounts Receivable EXHIBIT October 4, 2007 Cameron Mangement 1000 N. Cameron St. Harrisburg PA 17103 ACCT: 51350 To Whom It May Concern: This is a reminder that your account is past due. A copy of your enclosed for your reference. If you have recently sent a check, w If payment has not been sent, kindly send your check today. Sh+ with making your payment please let me know so that I may pros your immediate attention to this matter would be appreciated an appreciate your business. Sincerely, TRI-BORO CONSTRUCTION SUPPLIES, INC. Kim Waggoner Credit/Accounts Receivable host recent statement is thank you. uld there be a problem aptly assist you. 1 as always, we TRI-BORO CONSTRUCTION SUPPLIES, INC. PH - 246-3095 FAX - 246-3506 May 2, 2008 Cameron Management 1000 N. Cameron St. Harrisburg PA 17103 ACCT# 51350 ATTENTION: Accounts Payable Supervisor SUBJECT: PAST DUE BILLING Your account with Tri-Boro Construction Supplies, Inc. has beer. HOLD as you have not kept your account paid up to date. We ca materials to you until the following PAST DUE amount is receb placed on CREDIT nnot release any The PAST DUE amount, $3983.23 represents invoices that arel days or older plus any finance charges. A copy of your most recent statement is enclosed for your reference. If you have not sent a check and cannot remit upon receipt of thi letter, please write or call us explaining your position and schedule. We do hope to he from you soon so that we can again extend open account terms that benefit you as well as ourselves. EXHIBIT Second Notice Registered Mail June 4, 2008 CAMERON MANAGEMENT 1000 N CAMERON ST HARRISBURG PA 17103 Acct# 51350 Dear Customer: We are writing to inform you that we are very concerned about reference to unpaid invoices/bills. $4042.98 is owed for invoic including finance charges. I would like to resolve this matter as soon as possible. Your copy of the past due invoice is enclosed with this letter. account with us in is older than 90 days recent statement and a In order to avoid legal proceedings please remit your payment t our Dallastown Office immediately. Should legal proceedings be necessary to collect on your account you will be responsible for all additional charges that incur. Please call me at 717-246-3095 x 104 with any questi, Thank you for your cooperation and prompt attention. Sincerely, Kim Waggoner Credit/Accounts Receivable EXHIBIT that you may have. _ ` ¦ 1t? J? J a Np4H 'rs A?3?$ N a V 4= ?'? ??OO $jO cfij o' ?' 3 C `. 1 W :13 cr w . % c p -G ? tb •r. p a ?`• LLI _u % 131313 °?' a ?m ? ? 10, N O; - t ' 1 f w 4 r-a ":. i ?i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRI-BORO CONSTRUCTION SUPPLIES VS CAMERON MANAGEMENT INC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT ..r wrtr?T /\TT nXT NT7T t-T71Wr =TT-r TTT(- to wit: but was unable to locate Them deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE On December 16th , 2008 , this office was in receipt of t attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage County, Pennsylvania, to So answer 18.00 9.00 10.00 R. Thomas Kli e 41.25 Sheriff of Cumberland County 1.49 79.74 ? /af?9fo? 12/16/2008 MILLER POOLE & LORD Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Plus of Cumberland County, Penilsylvanla Tri-Boro Construction Supplies Inc vs. Cameron Management Inc No. 08-6754 civil December 3, 2008 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?.? Sheriff of Cumberland County, PA Affidavit of Service Now,. within 20 at o'clock M. served the upon at by handing to a and made known to Sworn and subscribed before me this day of , 20 copy of the original So answers, the contents thereof. Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA mtfitit of the "*Crrr Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Qua Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin TRI-BORO CONSTRUCTION SUPPLIES INC. VS CAMERON MANAGEMENT INC. Sheriff s Return No. 2008-T-2505 OTHER COUNTY NO. 086754 And now: DECEMBER 8, 2008 at 1:15:00 PM served the within COMPLAINT upon CAMERON MANAGEMENT INC. by personally handing to JILL HOLTZAPPLE 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 3000 CANBY STREET HARRISBURG PA 17103 RECEPTIONIST Sworn and subscribed to before me this 8TH day of December, 2008 G NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires Set 1, 201 So Answers, ? k? 47? Sheriff of DauDbin ( By XA4/ Deputy: W CONWAY Sheriffs Costs: $41.25 12/5/2008 Charles B. Gibbons Jan L. Budman II BUCHANAN INGERSOLL & ROONEY PC One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 T (717) 237-4800 F (717) 233-0852 charles.gibbons@bipc.com jan.budman@bipc.com Attorneys for Defendant TRI-BORO CONSTRUCTION SUPPLIES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-6754 CAMERON MANAGEMENT, INC. Defendant. ANSWER Now Comes Defendant, Cameron Management, Inc., ("CMI") by and through its undersigned counsel, Buchanan Ingersoll & Rooney, PC, and files this Answer to the Complaint of Plaintiff, Tri-Boro Construction Supplies, Inc. ("Tri-Boro" or "Plaintiff'), and in support thereof avers the following: 1. Upon information received from the Plaintiff, the allegations contained in Paragraph 1 of the Tri-Boro Complaint are admitted. 2. The allegations set forth in Paragraph 2 of Tri-Boro's Complaint are admitted, except that CMI's physical address is 1000 N. Cameron Street, Harrisburg, Pennsylvania with a mailing address of 3000 Canby Street, Harrisburg, Pennsylvania. 3. The allegations set forth in Paragraph 3 of Tri-Boro's Complaint are admitted. By way of further response, the credit application attached to Tri-Boro's Complaint at Exhibit A is a writing which speaks for itself and any interpretation by Tri-Boro thereof is expressly denied. 4. After reasonable investigation, CMI is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 4 of Tri-Boro's Complaint and, therefore, the allegations contained in Paragraph 4 are denied. CMI is also without knowledge or information and thereby denies Tri-Boro's averment that Tri-Boro relied upon the credit application to extend credit to CMI and strict proof thereof is demanded. By way of further response, the credit application attached to Tri-Boro's Complaint at Exhibit A is a writing which speaks for itself and any interpretation by Tri-Boro thereof is expressly denied. 5. After reasonable investigation, CMI is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 5 of the Tri- Boro Complaint that CMI received materials and goods in the alleged amount of $3,809.22 and, therefore, the allegations contained in Paragraph 5 are denied. 6. After reasonable investigation, CMI is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 6 of the Tri- Boro Complaint that indicate that CMI owed Tri-Boro for any account, and therefore denies same. 7. After reasonable investigation, CMI is without knowledge or information sufficient of form a belief as to the truth of the averments contained in Paragraph 7 of the Tri- Boro Complaint that indicate when finance charges started to accrue on the alleged account and, 2 therefore CMI denies that the finance charges are, as alleged, $661.14 and strict proof thereof is demanded. 8. After reasonable investigation, CMI is without knowledge or information sufficient of form a belief as to the truth of the averments contained in Paragraph 8 of the Tri- Boro Complaint that allege collections costs and, therefore CMI denies that the collection costs are, as alleged, $163.80 and strict proof thereof is demanded. 9. It is denied that Tri-Boro has made reasonable demands and that CMI has refused to pay the alleged outstanding balance in Paragraph 9 of the Tri-Boro Complaint. 10. The allegations contained in Paragraph 10 of the Tri-Boro Complaint are admitted. 11. It is denied that CMI induced Tri-Boro to extend credit based upon the credit application and credit inquiry and strict proof thereof is demanded. 12. CMI hereby incorporates its responses to Paragraphs 1 through 11 above by reference as if set forth fully herein. 13. Paragraph 13 of the Tri-Boro Complaint is a legal conclusion to which no response is required. 14. After reasonable investigation, CMI is without knowledge or information sufficient of form a belief as to the truth of the averments contained in Paragraph 14 of the Tri- Boro Complaint that allege collections costs and, therefore CMI denies that the collection costs are, as alleged, $163.80 and strict proof thereof is demanded. 3 15. CMI hereby incorporates its responses to Paragraphs 1 through 14 above by reference as if set forth fully herein. 16. Paragraph 16 of the Tri-Boro Complaint is a legal conclusion to which no response is required. By way of further response, Tri-Boro has not attached the alleged contract to the Complaint and, therefore, any reference to a contract is expressly denied and strict proof thereof is demanded. 17. After reasonable investigation, CMI is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 17 of the Tri- Boro Complaint that allege collections costs and, therefore CMI denies that the collection costs are, as alleged, $163.80 and strict proof thereof is demanded. 18. CMI hereby incorporates its responses to Paragraphs 1 through 17 above by reference as if set forth fully herein. 19. Paragraph 19 of Tri-Boro Complaint is a legal conclusion to which no response is required. 20. Paragraph 20 of the Tri-Boro Complaint is a legal conclusion to which no response is required. 21. After reasonable investigation, CMI is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 21 of the Tri- Boro Complaint that allege collections costs and, therefore CMI denies that the collection costs are, as alleged, $163.80 and strict proof thereof is demanded. 4 WHEREFORE, Defendant, Cameron Management Inc. respectfully requests that this Court dismiss the Complaint of Plaintiff Tri-Boro Construction Supplies, Inc., together with costs, expenses, and fees incurred and such other relief as the Court may deem just and appropriate. BUCHANAN INGERSOLL & ROONEY PC By: ,Charles's. Gibbons, Esquire PA Attorney No. 08284 Jan L. Budman II, Esquire PA Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 (717) 237-4800 Attorneys for Defendant, Cameron Management, Inc. Date: January 29, 2009 5 YEMCATION I, ?Iyio ID A , verify that the statements of fact made in the foregoing Defendant's Answer are true and correct to the best of my personal knowledge, information and/or belief. I understand that the statements in this Verification are made Subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. David R. Do ? ] Dated: 3anuaryZI , 2009 CERTIFICATE OF SERVICE I, Jan L. Budman II, hereby certify that on January 29, 2009, that I served, by first class mail, postage pre-paid, a true and correct copy of Cameron Management, Inc.'s Answer on the following individual: John D. Miller, Jr., Esquire Miller, Poole & Lord, LLP 137 East Philadelphia Street York, PA 17401 9fiarles B. Gibbons A Attorney No. 08284 Jan L. Budman II PA Attorney No. 203200 BUCHANAN INGERSOLL & ROONEY PC One South Market Square 213 Market Street, Third Floor Harrisburg, PA 17101 (717) 237-4800 (ph) (717) 233-0852 (fax) Attorneys for Defendant, Cameron Management, Inc. 2 C_t • i yt ~'l TRI-BORO CONSTRUCTION : IN THE COURT OF COMMON PLEAS SUPPLIES, INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CAMERON MANAGEMENT, INC., Defendant NO. 08-6754-CV PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT CAMERON MANAGEMENT. INC. AND NOW, comes Buchanan Ingersoll & Rooney Professional Corporation through its undersigned counsel Charles B. Gibbons and Jan L. Budman II ("Counsel"), and files the within Petition for Leave to Withdraw as legal counsel for Defendant Cameron Management, Inc. ("Defendant"), pursuant to Pennsylvania Rule of Civil Procedure 1012 and Pennsylvania Rule of Professional Conduct 1.16(b), and in support thereof states as follows: 1. Pennsylvania Rule of Professional Conduct 1.16(b) provides in pertinent part: [A] lawyer may withdraw from representing a client if: M (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; Pa. R. Prof. Conduct 1.16(b)(5), (6).1 2. On or about June 23, 2008, Counsel was retained by Defendant to provide legal representation in the above-captioned action. Defendant agreed to pay for legal services rendered on an hourly basis. 3. As of the date of this Petition, Defendant has failed to pay for legal services rendered by Counsel to Defendant since July 2008. 4. In October 2008, Counsel notified Defendant specifically of the outstanding fees for legal services and difficulties in continued representation if Defendant failed to pay for Counsel's legal services. 5. Subsequent attempts to resolve Defendant's failure to pay for the services have proven unsuccessful. 6. Most recently, on February 3, 2009, Counsel mailed to Defendant clear notice of intent to withdraw as counsel. ' Explanatory Comment to Pa. R. Prof. Conduct 1.16(b) "Optional Withdrawal," provides: A lawyer may withdraw if the client refuses to abide by the terms of an agreement relating to the representation, such as an agreement concerning fees or court costs or an agreement limiting the objectives of the representation. Pa. R. Prof. Conduct 1.16(b), Cmt. [8] (emphasis added). 2 7. As a result of Defendant's failure to fulfill a material obligation to Counsel under the terms of the engagement agreement and Counsel's reasonable notice to Defendant of Counsel's intent to withdraw, Counsel requests that this Court enter an Order granting Counsel's Petition for Leave to Withdraw as Counsel in the above-captioned matter. 8. Counsel has provided sufficient notice of its request to withdraw to Defendant to enable it to obtain substitute counsel without prejudice to its interests. 9. The whereabouts of Defendant are known and Defendant may be reached at the following address: Cameron Management, Inc. 3000 Canby Street Harrisburg, PA 17103 WHEREFORE, Buchanan Ingersoll & Rooney Professional Corporation respectfully requests this Court enter the attached Order granting Counsel's Petition for Leave to Withdraw as Counsel for Cameron Management, Inc. in the above-captioned matter. Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC B C Arles B. Gibbons, Esquire A Attorney No. 08284 Jan L. Budman II, Esquire PA Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 (717) 237-4800 Date: February 17, 2009 3 CERTIFICATE OF SERVICE I, Jan L. Budman II, hereby certify that on February 17, 2009, that I served, by first class mail, postage pre-paid, which meets the requirements of Pa. R. Civ. P. 440, a true and correct copy of the within Petition for Leave to Withdraw as Counsel for Cameron Management, Inc., upon the following: John D. Miller, Esq. Miller, Poole & Lord, LLP 137 East Philadelphia Street York, PA 17401 Cameron Management, Inc. 3000 Canby Street Harrisburg, PA 17103 J udman II, Esquire 11 r; c;' ? ? - . > C- v `"? ' ,i r-? s -ter - ''_ ? ? -- -,?, ?? ; , '?'; . . ?--. . `T?_ Y ?, •_ TRI-BORO CONSTRUCTION SUPPLIES, INC., Plaintiff V. CAMERON MANAGEMENT, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6754-CV PRAECIPE TO AMEND PETITION FOR LEAVE TO WITHDRAW As COUNSEL FOR DEFENDANT CAMERON MANAGEMENT INC. Kindly amend Buchanan Ingersoll & Rooney PC's, through its undersigned counsel Charles B. Gibbons and Jan L. Budman II, ("Counsel"), Petition to Withdraw as Counsel for Defendant Cameron Management, Inc. in the above-captioned matter with the attached Amendment to Petition to Withdraw as Counsel for Defendant. Respectfully submitted, y: Date: March 2, 2009 Charles B. Gibbons, Esquire PA Attorney No. 08284 Jan L. Budman II, Esquire PA Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 (717) 237-4800 TRI-BORO CONSTRUCTION SUPPLIES, INC., Plaintiff V. CAMERON MANAGEMENT, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6754-CV AMENDMENT TO PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT CAMERON MANAGEMENT, INC AND NOW, comes Buchanan Ingersoll & Rooney PC through its undersigned counsel Charles B. Gibbons and Jan L. Budman II ("Counsel"), and files this Amendment to its Petition for Leave to Withdraw as legal counsel for Defendant Cameron Management, Inc. ("Defendant"), requesting that the following two (2) paragraphs be included in the above- captioned matter: 10. Pursuant to Cumberland County Rule of Court 208.3(a)(9) concurrence of opposing counsel of record was sought on February 27, 2008. As of that date, however, counsel for Plaintiff Tri-Born Construction Supplies, Inc. has not responded to Counsel's request for concurrence. 11. Pursuant to Cumberland County Rule of Court 208.3(a)(2), no judge has ruled upon any other issue in this same or related matter. WHEREFORE, Buchanan Ingersoll & Rooney PC respectfully requests this Court amend its Petition for Leave to Withdraw as Counsel for Cameron Management, Inc. in the above- captioned matter. Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC By: arl B. Gi bons, Esquire PA orney No. 08284 J Budman II, Esquire A Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 CERTIFICATE OF SERVICE I, Jan L. Budman II, hereby certify that on March 2, 2009, that I served, by first class mail, postage pre-paid, which meets the requirements of Pa. R. Civ. P. 440, a true and correct copy of the within Amendment to Petition for Leave to Withdraw as Counsel for Cameron Management, Inc., upon the following: John D. Miller, Esq. Miller, Poole & Lord, LLP 137 East Philadelphia Street York, PA 17401 Cameron Management, Inc. 3000 Canby Street Harrisburg, PA 17103 a TRIBORO CONSTRUCTION IN THE COURT OF COMMON PLEAS OF SUPPLIES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. NO. 08-6754 CIVIL CAMERON MANAGEMENT, INC.: Defendant IN RE: PETITION FOR LEAVE TO WITHDRAW AS COUNSEL ORDER AND NOW, this // ` day of March, 2009, a rule is issued on the parties lio show cause why the relief requested in the within Petition for Leave to Withdraw as Counsdl for defendant, Cameron Management, Inc., ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, ZJohn L. Miller, Esquire For the Plaintiff -,' Jan L. Budman II, Esquire For the Defendant ./Cameron Management, Inc. 3000 Canby Street Harrisburg, PA 17103 Kevin AAess. J. Arn 3/ I/o y Y CO l'. - 11.5 ?. ' f MAR 0 9 2000 6 TRI-BORO CONSTRUCTION SUPPLIES, INC., Plaintiff V. CAMERON MANAGEMENT, INC., Defendant : IN THE COURT OF COMMON PLEADS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6754-CV FOR DEFENDANT CAMERON MANAGEMENT INC. Kindly amend Buchanan Ingersoll & Rooney PC's, through its undersigned counsel Charles B. Gibbons and Jan L. Budman II, ("Counsel"), Petition to Withdraw as Counsel for Defendant Cameron Management, Inc. in the above-captioned matter with the attached Amendment to Petition to Withdraw as Counsel for Defendant. Respectfully submitted, Date: March 2, 2009 Charles B. Gibbons, Esquire PA Attorney No. 08284 Jan L. Budman II, Esquire PA Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 (717) 237-4800 TRI-BORO CONSTRUCTION : IN THE COURT OF COMMON PLEATS SUPPLIES, INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6754-CV CAMERON MANAGEMENT, INC., Defendant AMENDMENT TO PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT CAMERON MANAGEMENT INC. AND NOW, comes Buchanan Ingersoll & Rooney PC through its undersigned counsel Charles B. Gibbons and Jan L. Budman II ("Counsel"), and files this Amendment to its Petition for Leave to Withdraw as legal counsel for Defendant Cameron Management, Inc. ("Defendant"), requesting that the following two (2) paragraphs be included in the above- captioned matter: 10. Pursuant to Cumberland County Rule of Court 208.3(a)(9) concurrence of opposing counsel of record was sought on February 27, 2008. As of that date, however, counsel for Plaintiff Tri-Born Construction Supplies, Inc. has not responded to Counsel's request for concurrence. 11. Pursuant to Cumberland County Rule of Court 208.3(a)(2), no judge has ruled upon any other issue in this same or related matter. WHEREFORE, Buchanan Ingersoll & Rooney PC respectfully requests this Court amend its Petition for Leave to Withdraw as Counsel for Cameron Management, Inc. in the above- captioned matter. Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC A By. azl B. Gi bons, Esquire eR- PA orney No. 08284 J Budman II, Esquire A Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 CERTIFICATE OF SERVICE I, Jan L. Budman II, hereby certify that on March 2, 2009, that I served, by first class mail, postage pre-paid, which meets the requirements of Pa. R. Civ. P. 440, a true and correct copy of the within Amendment to Petition for Leave to Withdraw as Counsel for Cameron Management, Inc., upon the following: John D. Miller, Esq. Miller, Poole & Lord, LLP 137 East Philadelphia Street York, PA 17401 Cameron Management, Inc. 3000 Canby Street Harrisburg, PA 17103 f?i o CJ ° "Y7 ,?. ? i.; ?? f't ? --gy?pp ? ? % ..Q ??t {{.? ? (_= ? ,y ? ? 1. ? { ? TRI-BORO CONSTRUCTION SUPPLIES, INC., Plaintiff V. CAMERON MANAGEMENT, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6754-CV PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Buchanan Ingersoll & Rooney PC through its undersigned counsel Charles B. Gibbons and Jan L. Budman II ("Counsel"), and files this Petition to Make Rule Absolute and in support thereof states as follows: 1. On February 18, 2009, Counsel filed a Petition for Leave to Withdraw as Counsel ("Petition") pursuant to Pennsylvania Rule of Civil Procedure 1012 and Pennsylvania Rule of Professional Conduct 1.16(b). 2. On March 6, 2009, Counsel Amended its Petition to comport with Cumberland County Local Rules 208.3(a)(2) and 208.3(a)(9). 3. On March 11, 2009, this Honorable Court issued a rule upon all parties to show cause why the relief requested in the Petition should not be granted ("Rule"). 4. The Rule was returnable within fifteen (15) days. 5. To date, no party has filed written opposition in response to the Petition in accordance with the Rule. Ilk 6. The time for filing an opposition has now expired and no written opposition to the Rule has been filed or served. 7. All averments of facts in the Petition may be deemed admitted. Pa. R. Civ. P. 206.7. 8. Accordingly, the Rule is now ripe for adjudication. WHEREFORE, Buchanan Ingersoll & Rooney PC, now moves that the Court enter an order making the Rule absolute and thus granting the aforesaid Petition for Leave to Withdraw as Counsel. Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC By: C e* B- CA15bons, Esquire P Attorney No. 08284 an L. Budman II, Esquire PA Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 (717) 237-4800 Date: March 27, 2009 2 CERTIFICATE OF SERVICE I, Jan L. Budman II, hereby certify that on March 27, 2009, that I served, by first class mail, postage pre-paid, which meets the requirements of Pa. R. Civ. P. 440, a true and correct copy of the within Petition to Make Rule Absolute, upon the following: John D. Miller, Esq. Miller, Poole & Lord, LLP 137 East Philadelphia Street York, PA 17401 Cameron Real Estate, L.P. 3000 Canby Street Harrisburg, PA 17103 Budman II, Esquire z \jw TRI-BORO CONSTRUCTION : IN THE COURT OF COMMON PLEAS SUPPLIES, INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6754-CV CAMERON MANAGEMENT, INC., Defendant PRAECIPE TO AMEND PETITION TO MAKE RULE ABSOLUTE Kindly amend Buchanan Ingersoll & Rooney PC's, through its undersigned counsel Charles B. Gibbons and Jan L. Budman II, ("Counsel"), Petition to Make Rule Absolute in the above-captioned matter with the attached Amendment to Petition to Make Rule Absolute. Respectfully submitted, By: Ch esB. Gibbons, Esquire Attorney No. 08284 Jan L. Budman II, Esquire PA Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 (717) 237-4800 Date: April 1, 2009 TRI-BORO CONSTRUCTION SUPPLIES, INC., Plaintiff V. CAMERON MANAGEMENT, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6754-CV AMENDMENT TO PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Buchanan Ingersoll & Rooney PC through its undersigned counsel Charles B. Gibbons and Jan L. Budman II ("Counsel"), and files this Amendment to its Petition to Make Rule Absolute, requesting that the following two (2) paragraphs be included in the above-captioned matter: 9. Pursuant to Cumberland County Rule of Court 208.3(a)(2), no judge has ruled upon any other issue in this same or related matter. 10. Pursuant to Cumberland County Rule of Court 208.3(a)(9), Counsel has sought and received concurrence of opposing counsel to both this Petition and the underlying Petition for Leave to Withdraw. WHEREFORE, Buchanan Ingersoll & Rooney PC respectfully requests this Court amend its Petition to Make Rule Absolute in the above-captioned matter. Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC Bv: C les B. Gibbons, Esquire A Attorney No. 08284 Jan L. Budman II, Esquire PA Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 CERTIFICATE OF.SERVICE I, Jan L. Budman II, hereby certify that on April 1, 2009, that I served, by first class mail, postage pre-paid, which meets the requirements of Pa. R. Civ. P. 440, a true and correct copy of the within Amendment to Petition to Make Rule Absolute, upon the following: John D. Miller, Esq. Miller, Poole & Lord, LLP 137 East Philadelphia Street York, PA 17401 Cameron Management, Inc. 3000 Canby Street Harrisburg, PA 17103 G J . Budman II, Esquire RW' OF THE PSOMW 209-APR _2 PM 3` 30 CWB R `'I'Li CO ? P, ,% TRI-BORO CONSTRUCTION IN THE COURT OF COMMON PLEAS SUPPLIES, INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6754-CV CAMERON MANAGEMENT, INC., Defendant PRAECIPE TO AMEND PETITION TO MAKE RULE ABSOLUTE Kindly amend Buchanan Ingersoll & Rooney PC's, through its undersigned counsel Charles B. Gibbons and Jan L. Budman II, ("Counsel"), Petition to Make Rule Absolute in the above-captioned matter with the attached Amendment to Petition to Make Rule Absolute. Respectfully submitted, By: C les B. Gibbons, Esquire A Attorney No. 08284 Jan L. Budman II, Esquire PA Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 (717) 237-4800 Date: April 8, 2009 r ,%N TRI-BORO CONSTRUCTION SUPPLIES, INC., Plaintiff V. CAMERON MANAGEMENT, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6754-CV AMENDMENT TO PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Buchanan Ingersoll & Rooney PC through its undersigned counsel Charles B. Gibbons and Jan L. Budman II ("Counsel"), and files this Amendment to its Petition to Make Rule Absolute, requesting that Paragraph 9, be substituted with the following new Paragraph 9 in the above-captioned matter: 9. Pursuant to Cumberland County Rule of Court 208.3(a)(2), the Honorable Kevin A. Hess issued the Rule upon which this Petition is based on March 1, 2009. WHEREFORE, Buchanan Ingersoll & Rooney PC respectfully requests this Court amend its Petition to Make Rule Absolute in the above-captioned matter. Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC By: h es B. Gi s, Esquire PA Attorney No. 08284 Jan L. Budman II, Esquire PA Attorney No. 203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 CERTIFICATE OF SERVICE I, Jan L. Budman II, hereby certify that on April 8, 2009, that I served, by first class mail, postage pre-paid, which meets the requirements of Pa. R. Civ. P. 440, a true and correct copy of the within Amendment to Petition to Make Rule Absolute, upon the following: John D. Miller, Esq. Miller, Poole & Lord, LLP 137 East Philadelphia Street York, PA 17401 Cameron Management, Inc. 3000 Canby Street Harrisburg, PA 17103 Jan udman II, Esquire ?T ,. r F - TRI-BORO CONSTRUCTION IN THE COURT OF COMMON PLEAS SUPPLIES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO: 2008-6754 V. CAMERON MANAGEMENT, INC., : Defendant NOTICE OF STAY NOTICE IS HEREBY GIVEN that Cameron Management, Inc., above-named Defendant has filed a Petition under Chapter 7 of the United States Bankruptcy Code to case number 09- 02684 in the Bankruptcy Court for the Middle District of Pennsylvania. As a result thereof, the above-captioned action is stayed in regards to Defendant, Cameron Management, Inc., until further Order of the United States Bankruptcy Court. Undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. submitted, COFF, P.C. Date: April 15, 2009 By: r onerc urh tI, Esquire Supr e CngU D No. 23380 VI#W Kell M. , Esquire Supreme Court ID No. 87365 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, with the law firm of Cunningham & Chernicoff, P.C., hereby certify that a true and correct copy of the NOTICE OF STAY was served via electronic mail and/or first class mail to: John D. Miller, Esquire 137 East Philadelphia Street York, PA 17401 CUNNINGHAM & CHERNICOFF, P.C. By: W -.4 /> A,,., ?QGC Julieanne Ametrano 2320 North Second Street Date: April 16, 2009 Harrisburg, PA 17110 F:\Home?KKNIGHPDOCSIDODD.DAVID\Cameron Management Inc1Tri BorolNotice of Stay.wpd L # f_ f r ? IVkZ I 4 i\rL )F I?{! G r 'rpnv 11-99 flppk 16 r`?` iv: 15 MAR 3 1 2009 TRI-BORO CONSTRUCTION : IN THE COURT OF COMMON PLEAS SUPPLIES, INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6754-CV CAMERON MANAGEMENT, INC., Defendant ORDER AND NOW, this / day of AD-; / 2009, upon consideration of the Buchanan Ingersoll & Rooney PC's Petition for Leave to Withdraw as Counsel for Defendant Cameron Management, Inc., it is hereby ORDERED, ADJUDGED, and DECREED that said Petition is GRANTED and Buchanan Ingersoll & Rooney PC is hereby permitted to withdraw as Counsel in this matter. Defendant Cameron Management, Inc. is hereby ORDERED to obtain successor counsel within 15' days of entry of this Order. Distribution List: ,.-L- Budman II, Esq. Buchanan Ingersoll & Rooney, P.C. One South Market Square 213 Market Square, Third Floor Harrisburg, PA 17101 J , )6 D. Miller, Esq. Miller, Poole & Lord, LLP 137 East Philadelphia Street York, PA 17401 oc?A ? T ll ` ` i.?5 ..? t ? ,1.i``. S' '. ;L 5 a ? {? d , ? ?? y l,?.i ?? ?'?. ? ? ?y r (,?`?_s S?