Loading...
HomeMy WebLinkAbout09-6246COMMO EALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C? Ur J c NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT ry- . 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 District Justice on the date and in the case referenced below. NAME OF APPELLANT i Id MAG. DIST. NO. - NAME OF D.J. A b ? 1 ON d ,A.) e aZ o_ _/ rcuv s l ADDRESS OF APPELL S-5 ANT CITY 6or-rIlSLI AL ATE ZIP CODE A. DATE OF J DGM T IN THE CASE OF (Plaintff) 7 -l (Defendant)' J ? 4 X1 e-. ?o, e DOCKE No. SIG TU ELLANT OR ATTORNEY OR cV? - aC O2247 --0 .? This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon C/_ c,vu f appellee(s), to file a complaint in this appeal Namq of appellee(s) (Common Pleas No. I/ within twenty (20) days rvice of rule or suffer entry of ' of non pros. Signature of appellant or attorney or agent RULE: To r ?il.?..?it./ appellee(s) Name appellees) (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20Q1f'rGZ ? '? F/I/li Signature of Prothonota or De uty YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE r 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on 2p , ? by personal service ? by (certified) (registered) mail, (date of service) on sender's receipt attached hereto, and upon the appellee, (name) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of official before whom affidavit was made Title of official My commission expires on W 20 v Signature ofaffiant N C 0 11 ? -7 . t - ,. c?a .... ti C N "' prn O -c COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CDI1BERLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BRENSA ER Address: 18 N HANOVER ST STE. 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 SBETRON FIELDING Cc FABRICATION 85 EOTZ ROAD CARLISLE, PA 17015 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FCOATING CONCEPTS, %SEARI X. KYLE 405 N. EAST ST LCARLISLZ, PA 17013 J VS. DEFENDANT: NAME and ADDRESS rSBETRON WELDING & FABRICATION 85 EIITZ ROAD CARLISLE, PA 17015 L J Docket No.: CV-0000226-09 Date Filed: 7/16/09 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JIID(KNT PLTF (Date of Judgment) rX1 Judgment was entered for: (Name) COATING CONCEPTS, ® Judgment was entered against: (Name) SHETRON WELDING & FABRICATION in the amount of $ 3,720.21 F1 Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time 11 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 Amount of Judgment $ 3,623.71 Judgment Costs $ 96• Interest on Judgment $ . Attorney Fees $ --0D Total $ 3,720.21 Post Judgment Credits $ Post Judgment Costs $ 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. Date I certify that this is a true and Date My commission expires first Monday of January, 2012 9/01/09 District J copy of the record of the proceedings containing the judgment. Magisterial District Judge SEAL AOPC 315-07 OF TNr v `i?r, ^iA 2004 SEP 24 PH 2: 5 9 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT, I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas JW4, upon the District Justice designated therein on (date of service) 20 Q?f by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name)66460 &OLWIS on 7 u 20 L*;4 Cl by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. 6? - - (SWORN) (A?IRMED AND SUBSCRIBED BEFORE ME THIS Q D F , 20_QP Signature of official beto who affidavit was ade Title of official My commission expires on 20 COMMONWEALTH OF PENNSYLVANIr,. =Laughman, EAL otary Public rla nd County Jul 26, 2012 Signature of affiant JEFFREY A. BETTON and SHARI M. KYLE, t/d/b/a COATING CONCEPTS, Plaintiffs Vs. SHETRON WELDING AND FABRICATING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 09-6246 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 800-990-9108(PA only) (717) 249-3166 JEFFREY A BETTON and IN THE COURT OF COMMON PLEAS OF SHARI M. KYLE, t/d/b/a CUMBERLAND COUNTY, PENNSYLVANIA COATING CONCEPTS, Plaintiffs CIVIL ACTION -LAW VS. SHETRON WELDING AND NO. 09-6246 CIVIL TERM FABRICATING, INC., Defendant COMPLAINT 1. Plaintiffs, Jeffrey A. Betton and Shari M. Kyle, are both adult individuals trading and doing business as Coating Concepts, with an address of 405 North East Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Shetron Welding and Fabricating, Inc., is a Pennsylvania Business Corporation, with its office address at 85 Kutz Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffs operate a business partnership organized and operating for the purpose of providing professional services of powder coating of metal to individuals, corporations and business entities. 4. Officers and representatives of the Defendant Corporation contacted Plaintiff for purposes of securing services from Plaintiffs for a specific fee or price. 5. Because of the parties' prior relationship, Defendant was aware of fees and charges of the Plaintiffs for their services. 6. Defendant, through its managers and authorized representatives, requested the services be rendered by Plaintiffs and confirmed that payment would be made by Defendant Corporation for the services rendered by Plaintiffs. 7. Services were rendered by Plaintiffs to Defendant in a good and workmanlike manner. 8. Invoices or statements were provided to Defendant from Plaintiffs for all services rendered. 9. Services were provided and statements were invoiced from Plaintiffs to Defendant on two specific separate dates, being June 4, 2008 and October 19, 2008, and were invoiced monthly beginning on January 1, 2009, which invoices included finance charges effective January 1, 2009, a copy of said invoices being attached hereto and incorporated herein by reference as Exhibit "A" and Exhibit "B" respectively, which statements include finance charges placed upon the overdue balance through the period of September 30, 2009. 10. Defendant accepted the services provided by Plaintiffs without objection. 11. By correspondence of May 8, 2009, a copy of which is being attached hereto and incorporated herein by reference as Exhibit "C", Defendant confirmed the balance due to Plaintiffs for these services was $3,437.63, a figure to which Plaintiffs did not agree because it did not include service charges of $210.91 attributable to that date. 12. Despite ongoing and repeated demands for payment, Defendant has continued to refuse to pay for services rendered and materials supplied by Plaintiff to Defendant as per Defendant's request and the parties' Agreement. 13. Defendant and Plaintiffs have an ongoing business relationship, including paint work being performed by Plaintiffs for Defendant, and Defendant accepting and compensating Plaintiffs for services without objection. 14. Since services were rendered by Plaintiffs to Defendant, Defendant has made a total payment of $250.00, leaving a principal sum due of $3,349.49, together with ongoing interest and finance charges, totaling $3,649.72 as of the date of filing of this Complaint, together with costs that are all due to Plaintiffs. WHEREFORE, Petitioner requests your Honorable Court to enter Judgment in their favor and against Defendant in the amount of $3,649.72, together with costs, interest and other relevant fees. Respectfully submitted, riffie, Esquire Vo6rrRnneyy]'fforr Plaintiffs 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: ?[Dq DATE: I6/ /gla o) M. KYLE JEFFREY A. BETTON and SHARI M. KYLE, t/d/b/a COATING CONCEPTS, Plaintiffs VS. SHETRON WELDING AND FABRICATING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the I`1 day of October, 2009, cause a copy of Plaintiffs' Complaint to be served upon the Defendant Corporation, by certified mail at the following address: Shetron Welding and Fabrication, Inc. 85 Kutz Road Carlisle, PA 17015 DATE: I C-1 q o T C;?? Bra fie, Esquire ttorney for Plaintiffs Coating Concepts 405 N. East St. Carlisle, PA 17013 Bill To Shctron Welding & Fabrication 85 Kutz rd. Carlisle Pa. 17013 Invoice Date Invoice # 6/4/2008 4256 P.O. No. Terms Project 12533 Net 30 Quantity Description Rate Amount 83 Alum. picket rail 14.00 1,162.00 49 1 line rail 7.00 343.00 7.75 1 line w/ post 9.00 69.75 17 3 pc. bracket 5.00 85.00 3 wall bracket 2.00 6.00 30 caps 2.00 60.00 8.5 wall rail 5.00 42.50 Finance Charges on Overdue Balance - 01/31/09 26.52 26.52 Finance Charges on Overdue Balance - 02/28/09 26.92 26.92 Finance Charges on Overdue Balance - 03/31/09 27.32 27.32 Finance Charges on Overdue Balance - 04/30/09 27.73 27.73 Finance Charges on Overdue Balance - 05/31/09 24.40 24.40 Payment -250.00 -250.00 Finance Charges on Overdue Balance - 06/31/09 24.76 24.76 Finance Charges on Overdue Balance - 07/31/09 21.38 21.38 Finance Charges on Overdue Balance - 08/31/09 21.70 21.70 Finance Charges on Overdue Balance - 09/30/09 22.03 22.03 0.00% 0.00T Sales Tax 6.00% 0.00 Total $1,741.01 1> bit "A" Coating Concepts 405 N. East St. Carlisle, PA 17013 Bill To Shetron Welding & Fabrication 85 Kulz rd. Carlisle Pa. 17013 Invoice Date Invoice # 8/19/2008 4339 P.O. No. Terms Project 12549 Not 30 Quantity Description Rate Amount 24 Picket Rail - Zinc Primer/Gloss Black 47.00 1,128.00 10.5 Picket Rail - Zinc Primer/Gloss Black 12.00 126.00 16.5 Picket Rail - Zinc Primer/Gloss Black 22.75 375.38 2 Picket Rail -Zinc Primer/Gloss Black 20.00 40.00 Finance Charges on Overdue Balance - 01/31/09 25.04 25.04 Finance Charges on Overdue Balance - 02/28/09 25.41 25.41 Finance Charges on Overdue Balance - 03/31/09 25.79 25.79 Finance Charges on Overdue Balance - 04/30/09 26.18 26.18 Finance Charges on Overdue Balance - 05/31/09 26.57 26.57 Finance Charges on Overdue Balance - 06/31/09 26.97 26.97 Finance Charges on Overdue Balance - 07/31/09 27.38 27.38 Finance Charges on Overdue Balance - 08/31/09 27.79 27.79 Finance Charges on Overdue Balance - 09/30/09 28.20 28.20 Sales Tax 6.00% 0.00 Total $1,908.71 Exhibit "B" W SH ETRON WELDING & FABRICATION, INC. "Your First Choice In Welding" Fabrication & Repair;' Shop & Portable Coating Concepts 405 N. East Street Carlisle, PA 17013 Re: Vendor balance for Shetron Welding May 8, 2009 Dear Sir/Madam: ,I am writing as President of Shetron Welding & Fabrication, Inc. to your firm and all oter vendors who have supplied products to our company. We had previously written to you requesting a "temporary standstill" on our account until such time as we could recognize some cash flow from a pending lawsuit and a sizeable change order from one of our general contractors. Since the date of that letter we have reduced our payable balance by over $480,000, some of which came in the form of vendor debt forgiveness. In addition, we have taken steps to reduce our company's expenses which have resulted in a savings of approximately $90,000 per month this year, as compared to the same period last year. Unfortunately the payables have not come down far enough and, as you are aware, the aging of the accounts is worsening. The effect of being put on COD by our vendor base has severely impacted our ability to further reduce debt while continuing operations. Our industry has become even more competitive in this recessive economy and we find ourselves in the uneasy, but necessary, position of asking for financial relief from our vendors. The survival of our company will be dependant upon assistance from all of our creditors in the form of a percentage write-down of the current amount due. We wholeheartedly regret even to have to request this, but we feel it is in everyone's best interest to keep our company operating at this time, to assure some payback and a future relationship. Even with the outcome of the pending lawsuit and change order being rendered most favorably for us, we would still not be able to fulfill all of our obligations. If we are not able to receive substantial assistance from vendors such as you, our ability to continue operations will be greatly jeopardized. Exhibit "C" 85 Kutz Road • Carlisle, PA 17013 (717) 776-4344 • FAX (717) 776-4220 The balance that we show as due to you appears below. Please indicate what you would accept as "payment in full" to satisfy our obligation with you. We will work in earnest to have that amount paid as quickly as possible, but the current environment is such that even reduced balances will have to be paid over time. Please fax back to us on the enclosed form what you would be willing to accept as payment in full of our current obligation with you. As previously stated, we have engaged counsel to assist us with respect to all of these matters, and the legal advice we have received is to treat all creditors and trade vendors equally and make all payments on a pro rata basis. The attorney representing our firm is William C. Cramer, and his telephone number is (717) 264-3711. You may contact either me or our attorney should you have any questions or concerns regarding this request. We realize that, going forward, we would be operating under your strictest credit terms or even COD. Our hope is that we can emerge from this situation to the point where our new experience with your company would enable you to extend credit to us again. We again regret that we have to make this request and hope that you can be accommodating. Sincerely, R ymond P. Cullen President Vendor Name: l3?a" ?Ia Balance as of 5/8/09: 3, h13> ' Amount accepted as "paid in full" amount: Release 210.91 As an authorized representative of the above named company, we hereby agree to accept the above amount as a revised total amount due to our company. We also agree not to make any claims against Shetron Welding, its heirs, officers, successors or assigns, for any amounts over and above the "paid in full" amount including any accrued interest, late fees or attorney's fees. Authorized Signature: Printed Name: Title: Notary Seal: Return via fax to (717) 776-4220 2? 3C ?'? JEFFREY A. BETTON and : IN THE COURT OF COMMON PLEAS OF SHARI M. KYLE, t/d/b/a : CUMBERLAND COUNTY, PENNSYLVANIA COATING CONCEPTS, Plaintiffs CIVIL ACTION -LAW vs. SHETRON WELDING AND NO. 09-6246 CIVIL TERM FABRICATING, INC., Defendant AFFIDAVIT OF SERVICE I, Bradley L. Griffie, Esquire, counsel of record for Plaintiffs, state that a true and attested copy of a Complaint and Notice to Defend and Claim Rights was sent to Defendant, Shetron Welding and Fabricating, Inc., at their address of 85 Kutz Road, Carlisle, Pennsylvania, by certified mail. A copy of said receipt is attached hereto indicating service was made on October 16, 2009. Sworn and subscribed before me this a6' day of (..? )2009 NOTARY PUBLIC B W-ie re tGRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ROMN J. IA" EWVCMO NO" pubft Expire Anr 17.2011 r% I• r 1 M r? For delivery information visit our website at www.usp-- s.comu Ln fU Postage $ Certified Fee Q d7 ti ?1?h o a O Return Receipt Fee 1-3 (Endorsement Required) C3 Restricted Delivery Fee C3 (Endorsement Required) b? ru f-U Total Postage & Fees $ p) 0 C3 Sent To C3 ??c? _ !lrSd/?LILL? !IL... 0 ........... fl No.; Street, Apt. ? } I •?') f r%- or PO Box No. /r r, 4 /c°/f/1 iy City, State, ZIP+4 LPS Form :00, August 2006 See Reverse for Instructi one, ¦ 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 an return the card to you. ¦ Attach thiard to the back of the mailpiece, or on the nt if space permits. 1. Article Addreressed to: A4 /Z/3 0 Agent 0 Addressee by (PRgted q)-N, T v I D6gte/Ajvery different from item 1? D. Is deli address 0Yes If YES, enter delivery address below: 0 No 3. ice Type Certified Mail 0 Express mail egistered ? Return Receipt for Merchandise Insured Mail 0 G.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7007 0220 0002 2526 5707 (fiansler from service labeq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 OF JWTW; 2009 OCT 26 Ah 1 t : 5 8 PEWYLVW 111/20/09 FRI 16:18 FAX 717 231 6637+ a A. Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shetron Welding & Fabrication, Inc. RHOADS SINON LLP 4001 JEFFREY A. BETTON and SHARI M. KYLE t/d/b/a COATING CONCEPTS, Plaintiff V. SHETRON WELDING AND FABRICATION, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-6246 ANSWER TO PLAINTIFFS' COMPLAINT NOW COMES Defendant Shetron Welding and Fabrication, Inc. ("SWF"), through its attorneys, Rhoads & Sinon LLP, and files the following Answer and New Matter stating as follows: 1. Admitted based on information rind belief. 2. Admitted. 3. Denied without knowledge. 4. Admitted in part. It is admitted that Defendant had contact with Plaintiffs as it relates to the acquisition of powder coating services and product. The remaining allegations in the paragraph are specifically denied. 760235.1 11/20/09 FRI 16:18 FAX 717 231 6637+ RHOADS SINON LLP i 5. Denied. It is specifically denied that the Officer Raymond Cullen had any prior contact or dealings with Plaintiff. The remaining allegations in this paragraph are denied. 6. Denied. The allegations in the paragraph are specifically denied. The only documentation existing between the parties are purchase orders which speak for themselves. The individuals who were involved with this matter are no longer employed by Shetron Welding & Fabrication, Inc. 7. Denied without knowledge. Without reviewing the factual records relating to this Project, Defendant is currently without information or knowledge to admit or deny the allegations in this paragraph and, therefore, th . same are denied, and specific proof is requested at the time of trial. 8. Denied. The invoices or statements are documents that speak for themselves. 9. Denied. The statements attached are documents which speak for themselves. By way of further answer, there are discrepancies between the invoices and purchase orders. 10. Denied. The allegations in this paragraph are specifically denied. Defendant has no specific recollection whether the services were accepted or acceptable according to industry standards. Specific proof thereof is demanded at the time of trial. 11. Admitted in part. It is admitted that Defendant sent a letter attached as Exhibit "C" in an attempt to settle the differences between the parties. By way of further answer, the document speaks for itself. 12. Admitted. Z002 -2- 11/20/09 FRI 16:18 FAX 717 231 6637+ x RHOADS SINON LLP 13. Denied. It is denied that the parties have an ongoing working relationship. The allegations in this paragraph are specifically denied for the reasons set forth herein. 14. Denied. The allegations in this paragraph are specifically denied. By way of further answer, it is admitted that a settlement payment of $250.00 was initially provided. Moreover, strict proof of the remaining allegations is demanded at the time of trial. This paragraph also contains conclusions of law which do not require a response. WHEREFORE, the Defendant specifically requested this Court grant judgment in its favor and against the Plaintiff, together with interest and costs as allowed by law. Respectfully submitted, RHOADS & SINON LLP , .H6an iermattei Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 4 003 Attomeys for Shetron Welding and Fabricating, Inc. -3- 11/20/09 FRI 16:19 FAX 717 231 6637+ RHOADS SINON LLP CERTIFICA7ICE OF SERVICE I hereby certify that on this 20 ti day of November, 2009, a true and correct copy of the foregoing Answer was served by means of United States mail, first class, postage prepaid, upon the following: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 (Attorney for Plaintiffs) 4005 11/20/09 FRI 16:18 FAX 717 231 6637- RHOADS SINON LLP t VERIFICATION Ray Cullen, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is ,:on of President of Shetron Welding & Fabrication, Inc., that he makes this verification by its authority and that the facts set forth in the Defendant's Answer to Plaintiffs' Complaint are true and correct to the best of his knowledge, information and belief. Date Ray C llen as President of Shetron Welding & Fabrication, Inc. Z 004 C _MKI 2009 NOV 23 AM 8: 0 4 f 201 N1Y P NhiNt`??I LAiNIA V JEFFREY A. BETTON and SHARI M. KYLE, t/d/b/a COATING CONCEPTS, Plaintiffs vs. SHETRON WELDING AND FABRICATING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 09-6246 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Bradley L. Griffie, Esquire, counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiffs in the action is $3,649.72, plus costs and interest. The counterclaim of the Defendant in the action is none The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Bradley L. Griffie, Esquire, Dean F. Piermattei, Esquire, Stephanie E. DiVittore, Esquire WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Re?pgctfully submitted, jrif ' , Esquire ttorney for laintiffs 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 tf s. i OTARY 2009 NOV 30 Pig its VW1Ytr 4 _.. ? sf I" G,t A' /y;L 3?- ....- ,,~'~~y A., 3Erra Ordd s ~-.es rn. Ky~ ~%bl~ ~~NT~~a Plaintiff SCI ~Tieonl ~c16Z,D/NC, p-n~ D Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.~-~z (~Co 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 at~~we will discharge the duties of our office with firialitcr ~ i ,~ ~i~ ~ D1 ,Stgnra~re Sign , Name Name ~Q Law Firm Address City, Zip ~T..aw Firm Law Firm ~ ..~.~ Address Address ~~~- ~ C~©~ 3 il/~ cum/Q~~l ~,~ City, Zip City, Zip ~ 7d ?O l8 4C~ 1 Ca~~l ~., /.~.L7 ~., ~ Award We, the undersigned azbitrators, having been duly appointed and sworn (or affirmed), make the B~S~lU following award( ote: If damages for~dlelaiy~ acre award/e~d, shialtl_ be separately stated.) ~rY~ ~.. Y'. ~ ~ ~Pl R, ~~ n- e ~.~. ~S ~ lQ -t-t i'~_ll_t'1_~ ~~-t-~P~t~ t ~r~ ~ 1 .Arbitrator, dissents. (Insert name if applicable.} `\ Date of Hearing:~j~~ ~ [ irman) Date of Award: I Notice of Entry of Award N~'r'~.e. dny o€, , 20„[Q^, at ~:3Q , .~.M., the above award was entered u~~-' , ockeit.and ,n6tce t~ereo given by mail to the parties or their attorneys. r ~~ , Arbitrators''~ompe~;sa~r~.n,sa li~YSt~'upon appeal: $ ._~S(,~.~ _r ~, _ :.> - _ -_ ,. By• Prothonotary Deputy ,, ;~ . i ~'"~ '~~ f , g~sjrv ~~