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HomeMy WebLinkAbout04-2443Thomas J. Weber, Esquire Attomey I.D. No. 58853 GOLDBERG,KATZMAN, P.C. 320 Market Street P. O. Box 1268 Ha isburg,PA 17108-1268 (717) 234-4161; (717) 2344161 (facsimile) Cou.IJ&s Plaintiff HERRE BROS. Incorporated Plaintiff V. CHARLES DAVIS, CAPITOL STEPS ASSOCIATES, INC Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o' y a Y'(? CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Thomas J. Weber, Esquire Attorney I.D. No. 58853 GOLDBERG,KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg PA 17108-1268 (717) 2344161; (717) 2344161 (facsimile) Coarrelfor Plamfiff HERRE BROS. Incorporated Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES DAVIS, CAPITOL STEPS ASSOCIATES, INC. Defendants No. CIVIL ACTION - LAW NOTICIA Le ban demandado a usted en ]a corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Thomas J. Weber, Esquire Attorney I.D. No. 58853 GOLDBERG,KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 2344161; (717) 2344161 (facsimile) Counsel for Plaintiff HERRE BROS. Incorporated Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES DAVIS, CAPITOL STEPS ASSOCIATES, INC Defendants No. 041- Agjff CIVIL ACTION - LAW COMPLAINT Plaintiff, Herre Bros, Incorporated, through its attorneys, Goldberg Katzman P.C. files the within Complaint and in support thereof states the following: 1. Herre Bros. Incorporated is a Pennsylvania corporation with a principal place of business located at 4417 Valley Road in Enola, Pennsylvania, 17025. 2. Defendant Charles Davis is an adult individual residing at 19 Tuscany Court, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant Capitol Steps Associates, Inc. is a Pennsylvania corporation with a principle place of business at 19 Tuscany Court, Camp Hill, Cumberland County, Pennsylvania 4. It is believed and, therefore, averred Charles Davis is the sole or majority shareholder of Capitol Steps Associates. 5. Charles Davis and Capitol Steps Associates failed to properly preserve the corporate structure of Capitol Steps Associates. 6. Charles Davis and Capitol Steps Associates failed to properly follow the corporate formalities. 7. Capitol Steps Associates was undercapitalized. Charles Davis treated the funds and assets of Capitol Steps Associates as his own. 9. On or about September of 2002, Defendants contracted with Plaintiff for the performance of HVAC preventative maintenance service and treatment. 10. Pursuant to a Building Services Agreement's Terms and Conditions, Defendants contracted with Plaintiff to perform the aforementioned work at agreed to terms and prices. See copy of Building Services Agreement attached hereto as Exhibit "A". 11. Pursuant to the terms of the Service Agreement, Plaintiff properly performed the HVAC preventative maintenance in October of 2002 and again in April of 2003. See copies of invoices attached hereto as Exhibit "B". 12. Despite Plaintiff's full performance of all services required under the Agreement, Defendants have failed to pay for the services rendered. 13. Plaintiffs have made repeated requests of the Defendants to pay for the services rendered. WHEREFORE, Plaintiff respectfully requests that Judgment be entered in its favor and against the Defendants in an amount, which excluding interests and costs, does not exceed the mandatory arbitration levels. Respectfully submitted, GOLDBERG KATZMAN, P.C. Date: 27. 0 l By: Thom s' a er, E uire Attorney 1. D. No. 58853 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff ODMA\PCDOCS\DOCS\ 105132\1 05/25/2004 10:18 FAX 717 234 6808 GOLOBERG KATZMAN & SHIPM + RICK McBRIOE PER fa005/008 VERIFICATION I, Rick McBride, hereby acknowledge that T am an authorized representative of Herre Bros., Plaintiff in this action and that T have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. T understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. HERRE BROS., Incorporated By: Rick McBride, CEO Date: Exhibit A 04/30/2004 07:32 J 7177325943 September 19, 2002 Mr. Charles Davis Capitol Steps Associates, inc. 2016 Yale Ave. P.O. Box 901 Camp Bill, PA 17001-0901 EXECUTIVE OFFICE PAGE 02 Quotation 920-02-477 RE: State Street Building HVAC Preventative Maintenance Proposal 500 N. 3'd Street, Harrisburg, PA. Dear Charlie: 4417 Valley Road Herre Bros., Inc. (HBI) is pleased to submit this proposal for a preventative maintenance program designed for the requirements of the included referenced Enola, PA 17025-1477 equipment. We will provide the services outlined in the attached Preventative 717.732.4454 Phone Maintenance Agreement (also mfeated to herein as the Agreement). one 717.732.6208 Pax Our fee for performing the work specified in the Agreement will be as follows: www.herrebros.com Two (2) Inspections per year as nutlined in the attarhM Maintenance Schedules, including all required labor, tools and materials for a sum of $13,635.00 (THIRTEEN-THOUSAND SIX-HUNDRED THIRTY-FIVE DOLLARS), It is our strong recommendation Water Treatment be applied to this agreement. The one-time plumbing make-ready cost will be $713.00. The auuual cost for Water Treatment will be $8,334.00 (EIG19T THOUSAND THREE-HUNDRED THIRTY FOUR DOLLARS). This agreement is subject to 30-day cancellation should you wish to terminate coverage. MECI IANICAL AND ELECTRICAL If you accept the conditions and price as per the Agreement, please sign and C D N T R A C TOR 5 date the original where indicated and then return to us for processing. We appreciate this opportunity to provide you with this proposal. If you have any questions or concerns, please do not hesitate to contact me at your convenience. Very to fly yrnYrc, HERRE BR9S., INC. 'Orox ? Kirk A. Jones Account Reproscntative 04/30/2004 07:32 7177325943 EXECUTIVE OFFICE PAGE 03 2 1 N CORP+OR • •N[CH/kNIC\L AND ELECTRICAL CONTRACTORS BUILDING SERVICES AGREEMENT - TERMS AND CONDITIONS I. SCOPE OF WORK: Please refer to the attached Maintenance Schedule for the specific maintenance tasks to be provided under this proposal. 2. ITEMS OR COMPONENTS EXCLUDED: A. The following items or components are excluded from this Agr=utcnl: 1) Parts, materials, and/or labor not specified in the attached Maintenancc Schedulc. 2) Emergency service calls or other service calls not in conjunction with regnlarly scheduled inspections, unless noted above. 3. RESPONSE TO REQUIRED SERVICE: A. Herre Bros., Inc, provides 24-hour eme bency service. C211 717-732-4454 for emergcncv service. B. Normal business hours are defined as Monday through Friday, 7:30 a.nt to 4:00 p.m. and will be billed at $60.00 pcT hour. Emergencv service on evenings, weekends and holidays is billed at $87.00 per hour. Scheduled work in excess of 10 hours Monday through Friday, in excess of 8 hours on Saturday and all day Sunday and holidays is billed at $114.00 per hour. 4. O£NERAL CONDITIQN$: A. The following conditions shall also be applicable to this Agrecmcnt: 1) We shall take all reasonable precautions to avoid any injury to persons and damage to property. 2) It is understood that this proposal sets forth the entire Agreement. 3) You will agree to permit reasonable access to all equipment. 4) This agreement will be in effect year-to-year. You may cancel this agreement at any time with 30 day written notice. 5) Liability to perform shall cease if the Owner fails to pay the consideration as agreed. 6) Contractor expressly disclaims any and all responsibility and liability for the indoor air, quality of the Customer's facility, including without limitation injury or illness to occupants of the facility or third parties, arising out of or in connection with the Contractor's work under this Agreement. 04/30/2004 07:32 7177325943 EXECUTIVE OFFICE PAGE 04 3 rv 4 U K P O R A E O MECHANICAL AND ELECTRICAL CONTRACTORS ACCEPTED BY: C?l? 1f?1 TrME.?`` /?-9a1 (?Q Capitol Steps Assoc Inc. (?- Hr.ez-????.,Jgtlis (printed or Typed Name) q DATE: ADD WATER TREATMENT YE? NO Exhibit B 0804 or: 32 7177325943 Capitol Steps Associates, Inc. 2016 Yale Avenue P.O. Box 901 Camp MR, PA 17001.0901 INVOICE welmlimm INCOR?ORA to 3 t)v 4417 Valley Road 4.f 17 Enola, ?A 17025-1477 Enos , A 717.732.4454 Phene '1T 7 717.732.8208 Pax . 3z?t wk, www.herrebroo.corn w he'reh MECHAn MECKWICAL AND ELECTRICAL CO CONTRACTORS "RS I ?$nni 7913. EXECUTIVE OFFICE State Street Bu 500 North Std: Harrisburg, PA s ?t 11 DROd.. INC. ACCCVHTINQ DATA I ODNTN401' I08NTiFICATR7N II rA1S.C?iLL4A16DU! OUST, NO JINVOICENO. I DATE ECT t?, . ?GONTfiACT NO. 617 40912 11127102 2.032 Appbcarion>y DESCRIPTION HVAC PREVENTATIVE MAINTENANCE ? 10101!02 - 9J3W03 PA Sales Tax Grand Total This Month $ 11,341.00 $ 22,6E BILLINGS To a S S q? p0 6gp q6 a6 ooo12pZ1 r-? ?w s t N r? .-t ? r c> c`". 04/30/-004 07:32 7177325943 EXECUTIVE OFFICE PAGE 05 INVOICE I N C O R? O R A E D Capitol Steps Associates, Inc. 2016 Yale Avenue P.O. Box 901 Camp Hill. PA 17001-0901 State Street 8L 600 North 3rd i Harrisburg. PA 4417 Valley Road Enola, PA 17025-1477 717.732.4454 Shane 717.732.8208 Fax www.herrebros.com MECHANICAL AND ELECTRICAL CONTRACTORS ?I I1G'iRC DR03.. INC. ACCOUNTING DATA 1?1fa ?.?CONTAACT IDENTIFICATION ?I. MIS06LLANEOUS ?IryII` (P9epI CUST. I IN ?IgE?Nd I " 27/02 p1-Z-03p,4 ICONTR4CT NO. II AVpI?'+tion #i II DESCRIPTION Ary HVAC PA Sales Tax Grand Total MAINTENANCE 10101102.9/30/03 This Month S 11,341.00 BILLINGS $ 22,682.00 To Date $ 11,341.00 $ 11,341.00 S 6B0.46 S 12,021.46 04/30/2004 07:32 7177325943 EXECUTIVE OFFICE INVOICE 3 INCORPORATED Capitol Steps Associates. Inc. 2016 Yale Avenue P.O. Box 901 Camp Hill, PA 17001-0901 State BtraM Building 500 North 3rd Street Harrisburg, PA 4417 Valley Road Enola, PA 17025-1477 717.732.4454 Phone 717.732.8206 Paz w%w.herrebrnz.cam PAGE 06 HERAE BROS., INC. ACCOUNTING DATA 11 CONTRACT ID5NTIF ICAI ION p. MISCELLANEOUS OUST. NO. INVOICE NO. DATE PROJECT NO. CONTRACT NO, 517 I 717 14!16!03 Ih-2-0322 I II AppiiGation iF$ UESCRIPTION NVAC PREVENTATIVE MAINTENANCE April-03 Previously Billed MECHANICAL AND ELECTRICAL Subtotal CONTRACTOR5 PA Salae Tax Grand Total ?.elc6rwffitg dur FfNAL 8lWNG .7?7THU)Otltvr,J l91J - 2003 $ 22,682.00 10/01/02 • 9/80103 This Month S 11,341.00 BILLINGS To Date $ 22,682.00 $ 11,341.00 $ 11,341.00 $ 680.46 $ 12,021,46 ?1\ ???? ? ??i tJ ? ? ?, ?? s t r ?w V\ ? n ?". N _? ?? ?` .? r i -„ : ?. R? 1' R ?I ) I ? ?i SHERIFF'S RETURN - REGULAR CASE NO: 2004-02443 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERRE BROS INC VS DAVIS CHARLES ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsyl.vania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS CHARLES the DEFENDANT at 2009:00 HOURS, on the 10th day of June , 2004 at 19 TUSCANY COURT CAMP HILL, PA 17011 CHARLES DAVIS by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ,22,E day of ,., (Inv A. D. p C?r ? thonotary So Answers: R. Thomas Kline 06/14/2004 GOLDBERG KATZMAN SHIPMAN By. - ? y Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02443 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERRE BROS INC VS DAVIS CHARLES ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CAPITAL STEPS ASSOCIATES INC the DEFENDANT , at 2009:00 HOURS, on the 14th day of June 2004 at 19 TUSCANY COURT CAMP HILL, PA 17011 by handing to CHARLES DAVIS, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of aid A.D. So Answers: R. Thomas Kline 06/14/2004 GOLDBERG KATZMAN SHIPMAN By: ,/ n ADeuty She TO: PLAINTIFF HERRE BROS. INCORPORATED, Plaintiff vs. CHARLES DAVIS, CAPITOL STEPS ASSOCIATES, INC., Defendants You are hereby notified to file a written response to the below Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. PEPPER H(A/?/[ETON LLP BY: /?/ : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2443 CIVIL CIVIL ACTION - LAW -`"1 LV Id. KA-F 1028 Defendant Charles Davis ("Davis"), by his undersigned attorneys, asserts the following preliminary objections to plaintiff's complaint: Preliminary Objection pursuant to Pa. R.C.P. 1028(a)(4) 1 • Pa. R.C.P. 1028(a)(4) authorizes a preliminary objection if a complaint is legally insufficient. 2. Plaintiff's complaint asserts a claim for breach of a written contract with Capitol Steps Associates, Inc., that was executed by Davis as president of that corporation. 3. Plaintiff's complaint does not assert that Davis entered into a contract with Herre Bros. Incorporated. 4. Instead, plaintiff's complaint purports to assert that Davis is personally liable for the obligations of Capitol Steps by "piercing the corporate veil." 5. Plaintiff's complaint fails to plead a claim to "pierce the corporate veil" and is legally insufficient as to Davis. WHEREFORE, defendant Davis requests that the Court sustain his demurrer and dismiss the complaint as to him. Preliminary Objection pursuant to pa. FLC.P 1028(a)(2) 6. The Pennsylvania Rules of Civil Procedure require fact pleading. 7. Plaintiff's complaint does not plead grounds to "pierce the corporate veil" with sufficient particularity. 8. Because plaintiff has failed to plead this claim with sufficient particularity, its complaint does not conform to Pa. R.C.p 1019(a) and (b). WHEREFORE, defendant Davis requests that the Court dismiss the complaint as to him for failure to conform to law or a rule of Court. Respectfully submitted, Thoma?B S nidt, III (19196) PEPPER HAMILTON LLP 200 One Keystone Plaza North Front and Market Streets Post Office Box 1181 Harrisburg, Pennsylvania 17108-1181 (717) 255-1155 (717) 238-0575 Olacsimile) schmidtt@pepperlaw.com Date: July 21, 2004 Attorneys for Defendants -2- CERTIFICATE OF SERVICE I hereby certify that on July 21, 2004, a copy of the foregoing Defendant Charles Davis's Preliminary Objections to Complaint was served upon counsel of record by United States First Class mail, postage prepaid, addressed as follows: Thomas J. Weber, Esquire Goldberg Katzman, P.C. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (facsimile) (Attorney for Plaintiff) Thomas L-- Schmidt, III (19196) C? ?`_+ '; O ? C ?it _ r ?? --7 _. ? i rlll C. +=) ?(" _ _iCl L :'-? __. J . ti'i rl'n N .. _+ f..3 < TO: PLAINTIFF HERRE BROS. INCORPORATED, Plaintiff VS. CHARLES DAVIS, CAPITOL STEPS ASSOCIATES, INC., Defendants You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Pepper Ha 'Iton LLP BY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2443 CIVIL CIVIL ACTION - LAW ANSWER WITH NEW MATTER Defendant Capitol Steps Associates, Inc. ("Capitol Steps") by its undersigned attorneys, answers the complaint and raises new matter, as follows: Admits on information and belief. 2. Admits. 3. Denies in part and admits in part. Capitol Steps is a Pennsylvania business corporation. Its principal place of business was the State Street Building, 500 North Third Street, Harrisburg, Pennsylvania. Its registered address is P.O. Box 1394, Camp Hill, Pennsylvania. 4. Denies. 5. Denies. 6. Denies. 7. Denies. 8. Denies. 9. Paragraph 9 of the complaint states a legal conclusion to which no response is required. If a response is required, defendant admits only that Capitol Steps entered into a written contract with plaintiff Herre Bros. Incorporated ("Herne Bros.") that, as a writing, speaks for itself. Allegations of paragraph 9 of the complaint that are inconsistent with the writing are denied. 10. Paragraph 10 of the complaint states a legal conclusion to which no response is required. If a response is required, defendant admit; only that Capitol Steps entered into a written contract with plaintiff Herre Bros. that, as a writing, speaks for itself. Allegations of paragraph 10 of the complaint that are inconsistent with the writing are denied. 11. Paragraph 11 of the complaint states a legal conclusion to which no response is required. If a response is required, defendant admits only that Capitol Steps entered into a written contract with plaintiff Herre Bros. that, as a writing, speaks for itself. Allegations of paragraph 11 of the complaint that are inconsistent with the writing are denied. Paragraphs 15-18, below, are incorporated here by reference. 12. Paragraph 12 of the complaint states a conclusion of law to which no response is required. If a response is deemed to be required, after a reasonable investigation, defendant is without knowledge or information sufficient to fonn a belief as to the allegation that Herre Bros.'s invoices, copies of which are attached to the complaint as Exhibit B, have not been paid. Paragraphs 15-18, below, are incorporated here by reference. 13. Denies as stated. Herre Bros. has requested that Capitol Steps pay the invoices, copies of which are attached to the complaint as Exhibit B, but has not sought payment of those invoices by Davis prior to the filing of this complaint. -2- NEW MATTER 14. Paragraphs 1-13, above, are incorporated here by reference. 15. On March 4, 2003, LaSalle Bank National Association filed an action in mortgage foreclosure in the Court of Common Pleas, Dauphin County, Pennsylvania, docketed at No. 2003 CV 1014 MF, against Capitol Steps seeking, among; other relief, appointment of a receiver. 16. Capitol Steps promptly notified its tenants and third parties of the foreclosure action and the receivership. 17. By order dated April 8, 2003, the Dauphin County Court appointed Property Management, Inc. ("PMI") receiver and, inter alia, directed PMI to pay the "expenses of management and care" of the mortgaged premises. A correct copy of the order is attached to this new matter as Exhibit A. 18. On information and belief, Herre Bros. had actual notice of the appointment of the receiver when it performed work pursuant to its agreement when Capitol Steps submitted its April invoice. 19. Herre Bros.'s claims in this matter are barred by the doctrines of waiver and/or estoppel. 20. Herre Bros.'s claims in this matter are barred by the doctrine of unclean hands. 21. Herre Bros.'s complaint in this matter fails to state a claim upon which relief can be granted. -3- WHEREFORE, defendant Capitol Steps asks that plaintiff's complaint be dismissed, with prejudice, and that such other relief be awarded as is appropriate in the circumstances. Respectfully submitted, Thomas B. Schmidt, III (19196) PEPPER HAMILTON LLP 200 One Keystone Plaza North Front and Market Streets Post Office Box 1181 Harrisburg, Pennsylvania 17108-1181 (717) 255-1155 (717) 238-0575 (facsimile) schmidtt@pepperlaw.com Date: July 21, 2004 Attorneys for Defendants -4- K RUBIN, EHRLICH & BUCKLEY, P.C. By: Robert L. Grundlock, Jr., Esquire Identification No. 44563 731 Alexander Road Princeton, New Jersey 08540 (609)452-3700 :3oo PURCELL, KRUG & HALLER By: Leon P. Haller, Esquire Identification No. 15700 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorneys for Plaintiff, LaSalle Bank National Association LASALLE BANK NATIONAL ASSOCIATION 135 South LaSalle Street Chicago, Illinois 60603 Plaintiff VS. THE CAPITAL STEPS ASSOCIATION, INC., a Pennsylvania Corporation 2016 Yale Avenue Camp Hill, PA 17011 Defendant c, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2003 CV 1014 MF IN MORTGAGE FORECLOSURE O R D E R AND NOW, this $_ day of 2003, no Answer or Reply having been filed to the Rule to Show Cause issued March 7, 2003, the Rule is hereby made absolute and leave is granted for Plaintiff to appoint a Receiver in accordance with the attached Order Appointing Receiver. APR 0 8 2003 Pro?r??r?ota; y BY THE COURT: J. RUBIN, EHRLICH & BUCKLEY, P.C. By: Robert L. Grundlock, Jr., Esquire Identification No.: 44563 731 Alexander Road Princeton, NJ 08540 (609) 452-7300 PURCELL,KRUG & HALLER By: Leon P. Haller, Esquire Identification No.: 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff, LaSalle Bank National Association LaSalle Bank National Association 135 South LaSalle Street Chicago, Illinois 60603 Petitioner, V. The Capital Steps Associates, Inc., a Pennsylvania Corporation 2016 Yale Avenue Camp Hill, PA 17011 COURT OF COMMON PLEAS DAUPHIN COUNTY r., c - z M. No.: xm ?U 101 "l ' I -' •I, -= r c MATT Corporation, a Pennsylvania Corporation P.O. Box 901 Camp Hill, PA 17001-0901 AND 2016 Yale Avenue Camp Hill, PA 17011 Defendants. ORDER APPOINTING RECEIVER AND NOW, this . day of 2003, upon consideration of LaSalle Bank National Association's ("LaSalle') Petition for Appointment of Rent Receiver, and the response thereto, if any, the Court determines as follows: Petitioner will suffer irreparable harm if Defendants are permitted to continue to receive rents and/or income or profits from the Mortgaged Property. Petitioner does not have an adequate remedy at law, in that the rents, income or profits are being dissipated and the Mortgaged Property is not being adequately managed and maintained. 3. On balance, a greater harm will be inflicted upon the Petitioner by denial of the relief requested that would be inflicted upon the Defendants by granting such relief. Based upon the foregoing, it is hereby ORDERED and DECREED: That Property Management Inc., James Stevens, 1300 Market Street, Lemoyne, Pennsylvania 17042, (717) 730-4141, be and is appointed Receiver upon filing with the Court a surety bond in the amount of SJ00, "a and shall manage and operate the Mortgaged Premises, located at State Street Building, 500 North Third Street, Harrisburg, Dauphin County, Pennsylvania, and as fully described in LaSalle's Mortgage to demand, collect and receive from the tenants in possession of said Premises or any portions thereof, or any person liable therefor, all the rents, issues and profits thereof now due and unpaid or hereafter to become due and that the Receiver be and he hereby is authorized to institute and carry on all legal proceedings necessary for the protection of said Premises, or to recover possession of the whole or any part thereof, and to institute and prosecute actions for the collection of rents due or hereafter to become due, and institute summary proceedings for the removal of any tenant or tenants; and S:LL &Salle\ 47 State Street DefaultTecelver\Order Appointing Receim wpd 2 2. That said Receiver be and hereby is authorized from time to time to rent or lease for terms not exceeding one year any part of the Premises, provided such leases are approved prior to consummation by the Petitioner, to keep said Premises insured against loss, damage by fire, or public liability and to repair and to pay taxes, assessments and water and sewer rents thereon, and otherwise to do all things necessary for the due care and proper management of the Mortgaged Premises; and 3. That the Defendants and tenants in possession of the Premises or such other persons as may be in possession thereof, be and they are hereby directed to attom to the said Receiver, and until the further order of this Court, to pay over to said Receiver all rents, income and profits or other charges, including but not limited to utility or other, now due and unpaid or hereafter to become due and unpaid and the said tenants in possession of the Premises or such other persons as may be in possession are hereby ordered to pay to the said Receiver as aforesaid all rents, income and profits or other charges, including but not limited to utility or other of said Premises now due and unpaid or hereafter to become due and unpaid and they are enjoined and restrained from paying such rents, issues and profits to the Defendants, their agents, servants and attorneys; and 4. That Defendants, their agents, officers, employees, representatives, individual(s) or entities acting upon their behalf, be and are hereby enjoined and restrained from collecting or receiving all or any part of the rents, income and profits or other payments now due and unpaid or to hereafter become due and unpaid; and 5. That Defendants, their agents, officers, employees, representatives, individual(s) or entities acting upon their behalf, within 10 days from the date hereof turn over to the SiLeSa IIU4Y Stue Street DefaulNleceiver\OMer Ap m i, Rea6v .wpd Receiver the following: All records and supplies reasonably necessary for the proper and complete management and maintenance of the Premises, including, but not limited to, current rent rolls and tenancy lists, true copies of all leases (including the most recent notice page of each); a reconciliation of all security deposits and accounts, and a list setting forth each account number and the name of the depository wherein each account is maintained; a list of suppliers, copies of all contracts currently in force, including service and vendor contracts' the names and account number of all utility companies servicing the Premises; and employee roster and payroll information, a list of any proceedings in any court regarding or relating to leases on the Premises; copies of any court stipulations for payment of rent arrearages; an equipment and inventory list for each and every unit; and all keys to entrance doors, storage and boiler rooms, or other locations or items necessitating a key for access.; and 6. That the entering upon and taking and maintaining control of the Premises by the Receiver, and any application of rents by Receiver, shall not cure or waive any default of Defendants under the Mortgage, Note and other Loan Documents or invalidate any other right or remedy of Plaintiff under applicable law or as provided within the aforesaid documents, or constitute a waiver or election of any right or remedy; and 7. That said Receiver forthwith deposit all monies received by him at the time he received the same in his own name as Receiver and after paying the expenses of management and care of said Mortgaged Premises as above provided pay the balance thereof promptly to the Petitioner; and 8. That said Receiver and any party in interest hereto at any time, on proper notice to the parties who may have appeared in this action, apply to this Court for further or other Sv&San.?za State stt.nDf&un\A=6vu\aeR nppoi,,g xcceivu.nd 4 instructions and for further power necessary to enable the Receiver properly to fulfill his duties as Receiver. BY T COURT: C,? C,L I S:. glk1247 Stete Slmel I Uk\Rcceive Order Appointing Receie wpd VERIFICATION I, Charles R. Davis, hereby state that I am the President of Capitol Steps Associates, Inc., the defendant in this action and that the allegations made in the foregoing answer are true and correct upon my personal knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities. Date: July 21, 2004 Charles R. Davis CERTIFICATE OF SERVICE I hereby certify that on July 21, 2004, a copy of the foregoing Answer with New Matter was served upon counsel of record by United States First Class mail, postage prepaid, addressed as follows: Thomas J. Weber, Esquire Goldberg Katzman, P.C. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (facsimile) (Attorney for Plaintiff) Thomas B. Schmidt, H1(19196) C-- s ern n,? - r, - w PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) HERRE BROTHERS, INC. Vs. CHARLES DAVIS. CAPITOL STEPS ASSOCIATES, INC. (Plaintiff) ( Defendant ) No. 2443 Civil 2004 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant Charles Davis' Preliminary Objections 2. Identify counsel wbo will argue case: (a) for plaintiff: Thomas J. Weber Address: PO Box 1268, Harrisburg, PA 17108-1268 (b) for defendant: Thomas B. SChmidt, III Address: PO Box 1181, Harrisburg, PA 17108-1181 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 24y',2004 Dated: Atto for P1 intiff C` ? ' n u' .-4 c_.- T.. -,-? _r ?-'. ??'._' L N r °x ?;', r ? _;-r ? ? ? ?:; N - s `,a Cry .-.. ..: a., Goldberg Katzman, P.C. Thomas J. Weber Attorney ID 58853 320 Market Street, Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff HERRE BROS. INCORPORATED Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CHARLES DAVIS, CAPITOL STEPS ASSOCIATES, INC. Defendants NO. 04-2443 CIVIL CIVIL ACTION- LAW PLAINTIFF'S RESPONSE TO DEFENDANT DAVIS' PRELIMNARY OBJECTIONS TO COMPLAINT Plaintiff, Herre Bros, Incorporated, through its attorneys, Goldberg Katzman, P.C., files the within Response to Defendant Davis' Preliminary Objections to Complaint and in support thereof states the following: Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(4) 1. Denied. Pa.R.C.P. 1028(a)(4) is a document which speaks for itself. 2. Denied. The Complaint is a document which speaks for itself. 3. Denied. The Complaint is a document which speaks for itself. 4. Denied. The Complaint is a document which speaks for itself. Denied. The Complaint is a document which speaks for itself. All other assertions are conclusions of law to which no response is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court deny Defendant Davis' Preliminary Objection. Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(2) 6. Denied. The Pennsylvania Rules of Civil Procedure are a document which speaks for itself. 7. Denied. Paragraph 7 is a conclusion of law to which no response is required. 8. Denied. Paragraph 8 is a conclusion of law to which no response is required. WHEREFORE, Plaintiff Respectfully requests this Honorable Court deny Defendant Davis' Preliminary Objections. Respectfully Submitted, ?4Weber, AN, P.C. B y. Thomquire (I.D. # 58853) 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff' Date: 8. 1 t - OS CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same; in the United States Mail addressed to the following: Thomas B. Schmidt, III PEPPER HAMILTON LLP 200 One Keystone Plaza North Front and Market Streets P.O. Box 1181 Harrisburg, PA 17108-1181 GOL ERG , P.C. By: iqyy Th .1. Web , Esquire (I.D. # 58853) 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff' Date: a-(% - 0C ? o ? c ? ?+ ?}? s `? ? ?, N Q ? ?' ? V7: C - ^ . r; `E_ -rt =y ? .. .. -, PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) HERRE BROS. INC., (Plaintiff) V5. CHARLES DAVIS, CAPITOL STEPS ASSOCIATES, INC. (Defendant) NO 04-2443 Civil ff 2004 1. State matter to be argued (i.e., plaintiff's notion for new trial, defendant's demurrer to complaint, etc.): Defendant Charles Davis' Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: k66res°: Thomas J. Weber, Esq. 320 Market Street Harrisburg, PA 17108 (b) for defendant: Address: Thomas B. Schmidt, III, Esq. P.O. Box 1181 Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has been Listed for argument. 4. Argument Court Date: October 20. 2005 Dated: 8/26/05 or Plaintiff ?? n r> e? '"? l _. CJ's . j ? R m C= l r? C; ? , -C]IY - y,,. C.? C '?C_..? -wl it i l^1 ' .y? ? ?? HERRE BROS. INCORPORATED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES DAVIS, CAPITOL NO. 2004 - 2443 CIVIL TERM STEPS ASSOCIATES, INC. IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT CHARLES DAVIS BEFORE BAYLEY, GUIDO, JJ. ORDER OF COURT AND NOW, this 10TH day of NOVEMBER, 2005, after having reviewed briefs of the parties and having heard argument thereon, the preliminary objections of Defendant Charles Davis are DISMISSED. Court, Edward E. Guido, J. Thomas J. Weber, Esquire 320 Market Street, Strawberry P.O. Box 1268 Harrisburg, Pa. 17108 Thomas B. Schmidt, III, Esquire P.O. Box 1181 Harrisburg, Pa. 17108-1181 Court Administrator ?a :sld 17 TO: PLAINTIFF You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Pepper ilton LLP BY: HERRE BROS. INCORPORATED, Plaintiff vs. CHARLES DAVIS, CAPITOL STEPS ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No. 04-2443 CIVIL CIVIL ACTION - LAW ANSWER WITH NEW MATTER Defendant Charles Davis by his undersigned attorneys, answers the complaint and raises new matter, as follows: 1. Admits on information and belief. 2. Admits. 3. Denies in part and admits in part. Capitol Steps is a Pennsylvania business corporation. Its principal place of business was the State Street Building, 500 North Third Street, Harrisburg, Pennsylvania. Its registered address is P.O. Box 1394, Camp Hill, Pennsylvania. 4. Paragraph 4 of the complaint states a legal conclusion to which no response is required. If a response is required, Davis denies each and every allegation in this paragraph of the complaint. 5. Paragraph 5 of the complaint states a legal conclusion to which no response is required. If a response is required, Davis denies each and every allegation in this paragraph of the complaint. 6. Paragraph 6 of the complaint states a legal conclusion to which no response is required. If a response is required, Davis denies each and every allegation in this paragraph of the complaint. Paragraph 7 of the complaint states a legal conclusion to which no response is required. If a response is required, Davis denies each and every allegation in this paragraph of the complaint. 8. Paragraph 8 of the complaint states a legal conclusion to which no response is required. If a response is required, Davis denies each and every allegation in this paragraph of the complaint. 9. Paragraph 9 of the complaint states a legal conclusion to which no response is required. If a response is required, defendant admits only that Capitol Steps entered into a written contract with plaintiff Herre Bros. Incorporated ("Herre Bros.") that, as a writing, speaks for itself. Allegations of paragraph 9 of the complaint that are inconsistent with the writing are denied. 10. Paragraph 10 of the complaint states a legal conclusion to which no response is required. If a response is required, defendant admits only that Capitol Steps entered into a written contract with plaintiff Herre Bros. that, as a writing, speaks for itself. Allegations of paragraph 10 of the complaint that are inconsistent with the writing are denied. 11. Paragraph 11 of the complaint states a legal conclusion to which no response is required. If a response is required, defendant admits only that Capitol Steps entered into a written contract with plaintiff Herre Bros. that, as a writing, speaks for itself. Allegations of paragraph 11 of the complaint that are inconsistent with the writing are denied. Paragraphs 15-18, below, are incorporated here by reference. 2- , 12. Paragraph 12 of the complaint states a conclusion of law to which no response is required. If a response is deemed to be required, after a reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the allegation that Herre Bros.'s invoices, copies of which are attached to the complaint as Exhibit B, have not been paid. Paragraphs 15-18, below, are incorporated here by reference. 13. Denies as stated. Herre Bros. has requested that Capitol Steps pay the invoices, copies of which are attached to the complaint as Exhibit B, but has not sought payment of those invoices by Davis prior to the filing of this complaint. NEW MATTER 14. Paragraphs 1-13, above, are incorporated here by reference. 15. On March 4, 2003, LaSalle Bank National Association filed an action in mortgage foreclosure in the Court of Common Pleas, Dauphin County, Pennsylvania, docketed at No. 2003 CV 1014 MF, against Capitol Steps seeking, among other relief, appointment of a receiver. 16. Capitol Steps promptly notified its tenants and third parties of the foreclosure action and the receivership. 17. By order dated April 8, 2003, the Dauphin County Court appointed Property Management, Inc. ("PMI") receiver and, inter alia, directed PMI to pay the "expenses of management and care" of the mortgaged premises. A correct copy of the order is attached to this new matter as Exhibit A. 18. On information and belief, Herre Bros. had actual notice of the appointment of the receiver when it performed work pursuant to its agreement when Capitol Steps submitted its April invoice. -3- 19. Herre Bros.'s claims in this matter are barred by the doctrines of waiver and/or estoppel. 20. Herre Bros.'s claims in this matter are barred by the doctrine of unclean hands. 21. Herre Bros.'s complaint in this matter fails to state a claim upon which relief can be granted. WHEREFORE, defendant Charles Davis asks that plaintiffs complaint be dismissed, with prejudice, and that such other relief be awarded as is appropriate in the circumstances. Respectfully submitted, 7 Thomas B. chmidt, III (19196) Natalie Grill Einsig (89791) PEPPER HAMILTON LLP 200 One Keystone Plaza North Front and Market Streets Post Office Box 1181 Harrisburg, Pennsylvania 17108-1181 (717) 255-1155 (717) 238-0575 (facsimile) schmidtt@pepperlaw. com Date: December 12, 2005 Attorneys for Defendants -4- ;C?xk bl'-f 14- RUBIN, EHRLICH & BUCKLEY, P.C. By: Robert L. Grundlock, Jr., Esquire Identification No. 44563 731 Alexander Road Princeton, New Jersey 08540 (609)452-3700 :?Jro PURCELL, KRUG & HALLER By: Leon P. Haller, Esquire Identification No. 15700 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorneys for Plaintiff, LaSalle Bank National Association LASALLE BANK NATIONAL ASSOCIATION 135 South LaSalle Street Chicago, Illinois 60603 Plaintiff vs. THE CAPITAL STEPS ASSOCIATION, INC., a Pennsylvania Corporation 2016 Yale Avenue Camp Hill, PA 17011 Defendant c IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2003 CV 1014 MF IN MORTGAGE FORECLOSURE O R D 8 R AND NOW, this $_ day of - TC,yC 1 2003, no Answer or Reply having been filed to the Rule to Show Cause issued March 7, 2003, the Rule is hereby made absolute and leave is granted for Plaintiff to appoint a Receiver in accordance with the attached Order Appointing Receiver. APR 0 8 2003 PILLiwiiJCZU Y BY THE CO?UURTT: ,.._.....,Q Cam„ ?i J. f RUBIN, EHRLICH & BUCKLEY, P.C. By: Robert L. Grundlock, Jr., Esquire Identification No.: 44563 731 Alexander Road Princeton, NJ 08540 (609) 452-7300 PURCELL,KRUG & HALLER By: Leon P. Haller, Esquire Identification No.: 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff, LaSalle Bank National Association LaSalle Bank National Association 135 South LaSalle Street Chicago, Illinois 60603 Petitioner, v. The Capital Steps Associates, Inc., a Pennsylvania Corporation 2016 Yale Avenue Camp Hill, PA 17011 COURT OF COMMON PLEAS DAUPHIN COUNTY C7 ° C. No.:0Wn ?U t01Ll z-7 I, 30 C MATT Corporation, a Pennsylvania Corporation P.O. Box 901 Camp Hill, PA 17001-0901 AND 2016 Yale Avenue Camp Hill, PA 17011 Defendants. ORDER APPOINTING RECEIVER AND NOW, this Wday of 2003, upon consideration of LaSalle Bank National Association's ("LaSalle") Petition for Appointment of Rent Receiver, and the response thereto, if any, the Court determines as follows: Petitioner will suffer irreparable harm if Defendants are permitted to continue to receive rents and/or income or profits from the Mortgaged Property. 2. Petitioner does not have an adequate remedy at law, in that the rents, income or profits are being dissipated and the Mortgaged Property is not being adequately managed and maintained. 3. On balance, a greater harm will be inflicted upon the Petitioner by denial of the relief requested that would be inflicted upon the Defendants by granting such relief. Based upon the foregoing, it is hereby ORDERED and DECREED: That Property Management Inc., James Stevens, 1300 Market Street, Lemoyne, Pennsylvania 17042, (717) 730-4141, be and is appointed Receiver upon filing with the Court a surety bond in the amount of $6p0, "00 and shall manage and operate the Mortgaged Premises, located at State Street Building, 500 North Third Street, Harrisburg, Dauphin County, Pennsylvania, and as fully described in LaSalle's Mortgage to demand, collect and receive from the tenants in possession of said Premises or any portions thereof; or any person liable therefor, all the rents, issues and profits thereof now due and unpaid or hereafter to become due and that the Receiver be and he hereby is authorized to institute and carry on all legal proceedings necessary for the protection of said Premises, or to recover possession of the whole or any part thereof, and to institute and prosecute actions for the collection of rents due or hereafter to become due, and institute summary proceedings for the removal of any tenant or tenants; and S.\1aS kcg47 SWC Stmct lXfwlNteceivei\Ordec Appo m&Recciv wpd 2 2. That said Receiver be and hereby is authorized from time to time to rent or lease for terms not exceeding one year any part of the Premises, provided such leases are approved prior to consummation by the Petitioner, to keep said Premises insured against loss, damage by fire, or public liability and to repair and to pay taxes, assessments and water and sewer rents thereon, and otherwise to do all things necessary for the due care and proper management of the Mortgaged Premises; and 3. That the Defendants and tenants in possession of the Premises or such other persons as may be in possession thereof, be and they are hereby directed to attom to the said Receiver, and until the further order of this Court, to pay over to said Receiver all rents, income and profits or other charges, including but not limited to utility or other, now due and unpaid or hereafter to become due and unpaid and the said tenants in possession of the Premises or such other persons as may be in possession are hereby ordered to pay to the said Receiver as aforesaid all rents, income and profits or other charges, including but not limited to utility or other of said Premises now due and unpaid or hereafter to become due and unpaid and they are enjoined and restrained from paying such rents, issues and profits to the Defendants, their agents, servants and attorneys; and 4. That Defendants, their agents, officers, employees, representatives, individual(s) or entities acting upon their behalf, be and are hereby enjoined and restrained from collecting or receiving all or any part of the rents, income and profits or other payments now due and unpaid or to hereafter become due and unpaid; and 5. That Defendants, their agents, officers, employees, representatives, individual(s) or entities acting upon their behalf, within 11) days from the date hereof turn over to the SA a11A241 Siam Sncet Dc&uk\1 mvQOv&r Ay inmg 0.cccivv.wyd Receiver the following: All records and supplies reasonably necessary for the proper and complete management and maintenance of the Premises, including, but not limited to, current rent rolls and tenancy lists, true copies of all leases (including the most recent notice page of each); a reconciliation of all security deposits and accounts, and a list setting forth each account number and the name of the depository wherein each account is maintained; a list of suppliers, copies of all contracts currently in force, including service and vendor contracts' the names and account number of all utility companies servicing the Premises; and employee roster and payroll information, a list of any proceedings in any court regarding or relating to leases on the Premises; copies of any court stipulations for payment of rent arrearages; an equipment and inventory list for each and every unit; and all keys to entrance doors, storage and boiler rooms, or other locations or items necessitating a key for access.; and 6. That the entering upon and taking and maintaining control of the Premises by the Receiver, and any application of rents by Receiver, shall not cure or waive any default of Defendants under the Mortgage, Note and other Loan Documents or invalidate any other right or remedy of Plaintiff under applicable law or as provided within the aforesaid documents, or constitute a waiver or election of any right or remedy; and 7. That said Receiver forthwith deposit all monies received by him at the time he received the same in his own name as Receiver and after paying the expenses of management and care of said Mortgaged Premises as above provided pay the balance thereof promptly to the Petitioner; and 8. That said Receiver and any party in interest hereto at any time, on proper notice to the parties who may have appeared in this action, apply to this Court for further or other S?tLaS.Mk 4l StUe St,. De(xuRtRcceivvb.da XppO mg Jk.6 n w d 4 instructions and for further power necessary to enable the Receiver properly to fulfill his duties as Receiver. BY TJF Cry Cwt c?.. J. S.LL 611c Z47 State Stmet Defauh\R.eivcr\Order Appointing Receiva wpd VERIFICATION I, CHARLES R. DAVIS, state that I am a defendant herein, that the averments in the foregoing answer are true and correct upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. C.S. § 4904 (unsworn falsification to authorities). Date: 2 2 DS --?-- CHARLES R. DAVIS CERTIFICATE OF SERVICE I hereby certify that on December 12, 2005, a copy of the foregoing Answer with New Matter was served upon counsel of record by United States First Class mail, postage prepaid, addressed as follows: Thomas J. Weber, Esquire Goldberg Katzman, P.C. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (facsimile) (Attorney for Plaintiff) Natalie Grill Einsig (89791) ?" ?: Thomas J. Weber, Esquire Attorney LD. No. 58853 COIABERQKATZMAN, P.C- 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717)234-4161 (facsimile) Cou...I for Plninffff HERRE BROS. INCORPORATED Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. V. CHARLES DAVIS, CAPITOL STEPS ASSOCIATES, INC. Defendants No. 04-2443 CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND NOW, comes Plaintiff, Herre Bros., Incorporated, through its attorneys, Goldberg Katzman P.C., and files the within answer to the New Matter of Defendants, as follows 14. The averments contained in Paragraphs 1 through 13 of Plaintiff s Complaint are incorporated herein as though set forth in their entirety. 15. Admitted based upon information and belief. 16. After reasonable investigation, Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averment that Capitol Steps promptly notified third parties, including Plaintiff, and, therefore, these averments are denied. 17. The averments contained in Paragraph 17 of Defendants' New Matter refer to the Court Order which, as a writing, speaks for itself. 18. It is denied that Herre Bros. had actual notice of the appointment of the receiver when it performed the work and/or when Capitol Steps submitted its April invoice. 19. The averments contained in Paragraph 19 of Defendants' New Matter constitute conclusions of law to which no response is required. To the extent the averments are deemed factual in nature, they are denied. 20. The averments contained in Paragraph 20 of Defendants' New Matter constitute conclusions of law to which no response is required. To the extent the averments are deemed factual in nature, they are denied. 21. The averments contained in Paragraph 21 of Defendants' New Matter constitute conclusions of law to which no response is required. To the extent the averments are deemed factual in nature, they are denied. WHEREFORE, Plaintiff respectfully requests that Judgment be entered in its favor and against the Defendants, Charles Davis and Capitol Steps Associates, Inc., along with interest and all other relief the Court deems just. GOLDBERG KATZMAN, P.C. Date: l I lq? i By: Thom s J.` Weber, Esquire Attorney I.D. No. 58853 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 129329A Attorneys for Plaintiff VERIFICATION I, ?Z,•cg,,yg .M ca,t../e.hereby acknowledge that Herre Bros. Incorporated is the Plaintiff in this action and I am authorized to make this verification on its behalf; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. HERRE BROS. INCORPORATED Byr -?? Date: /ZI111 oil CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Thomas B. Schmidt, III, Esquire PEPPER HAMILTON, LLP 200 One Keystone Plaza North Front and Market Sts. P.O. Box 1181 Harrisburg, PA 17108-1181 GOLDBERG KATZMAN, P.C. BI: Thom s J, Weber, sqi Attorney I.D. No. 58853 Dated: 12 ?' ?? r7-3 C'1 ^4 i' Il T ( Ti ' ` ; di n Curtis R. Long Prothonotary office of the Protbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 641-,214113 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230,2 BY THE COURT, CURTIS R. LONG PROTHONOTARY nnp r'nnrthaMe Sauare - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573