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Home My WebLink About01-2818 L.B. SMITH, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : CIVIL ACTION- LAW : CUMBERLAND VALLEY EXCAVATINGi d/b/a CUMBERLAND VALLEY : EXCAVATORS, : Defendants : NO. 01-2818 CIVIL NOTICE OF MEETING OF ARBITRATORS PLEASE TAKE NOTICE that the Arbitrators appointed in the above-captioned action will sit for the porpose of their appointment on Wednesday, January 16, 2002, at 2:00 o'clock P.M. in the Old Courthouse, 2nu Floor Hearing Room, Carlisle, Pennsylvania. Ronald E. Johnson, Esquire James Kollas. Esquire Debra Wallet. Esquire Michael Hanff, Esquire Robert D. Kodak, Esquire 19 Brookwood Avenue 407 North Front Street Suite 106 Carlisle, PA 17013 Harrisburg, PA 17108 .lames Kollas, Esquire Debra Wallet, Esquire 1104 Fernwood Avenue 24 North 32''a Street Camp Hill, PA 17011 Camp Hill, PA 17011 Bulletin Board Court Administrator s Office Prothonotary's Office Cumberland County Court House Cumberland County Court House I Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L.B. SMITH, INC., Plaintiff : : CIVIL ACTION - LAW V. : CUMBERLAND VALLEY EXCAVATING, INC.,: NO. 01-2818 Civil Term d/b/a CUMBERLAND VALLEY EXCAVATORS,: Defendant : ANSWER AND NOW, this 28th day of September, 2001 comes the Defendant, CUMBERLAND VALLEY EXCAVATING, INC.,d/b/a CUMBERLAND VALLEY EXCAVATORS, by and through its' counsel, Law Office of Michael I. Hantt, and files the following Answer and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Denied. It is specifically denied that Fourteen Thousand Five Hundred Seventy- One and 50/100 Dollars ($14,571.50) is due from Defendant to Plaintiff. Strict proof thereof is demanded at trial. 4. Denied. The averments of Paragraph 4 are a conclusion of law to which no responsive pleading is requited. Should a responsive pleading be deemed necessary the averments are specifically denied. $. Den/ed. The averments ofParagraph 5 are a conclusion of law to which no responsive pleading is required. Should a responsive pleading be deemed necessary the averments are specifically denied. 6. Admitted in part, denied in part. It is admitted that Plaintiffhas demanded Fourteen Thousand Five Hundred Seventy~One and 50/100 Dollars ($14,$71.$0) from Defendant. It is specifically denied that said sum is owed by Defendant to Plaintiff. Strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that jud~nent be entered in favor of Defendant and against Plaintiff. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT Attorney ID No. $7976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this 28th day of September, 2001, I, Michael J. Hantt, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing document, by first class, United States Mail, postage pre-paid, addressed as follows: Robert D. Kodak, Esquire KNUPP, KODAK & IMBLUM, P.C. 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 LAW OFFICE OF MICHAEL J. HANFT Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 VERIFICATION 1 VERIFY that the statements set forth in the attached document are true and correct to thc best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unswom falsification to authorities. : IN THE COURT OF COMMON PLEAS L. B. SMITH, INC. Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2818CIVIL V. CUMBERLAND VALLEY EXCAVATING, INC. : dlbla CUMBERLAND VALLEY EXCAVATORS: Defendant : ~ The Petition for Appointment of Arbitrators shall be substantially to the following form: p I P TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $14,571.50 + interest from 03/24/2000. 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: Robert D. Kodak, Esquire, Knupp, Kodak & Imblum, P.C. and/or Michael J. Hanft, Esquire. WHEREFORE, your Petitioner prays Your Honorable Court to appoint three (3) Arbitrators to whom the case shall be submitted. Robert D. Kodak ~-' Attorney I.D. No. 18041 AND NOW, .~,~,2001, in consideration of the foregoing Petition: as prayed for. By the Court, ~J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA : CIVIL ACTION - LAW L.B. SMITH, INC., : Plaintiff : : NO. 01-2818 Civil Term V. ; CUMBERLAND VALLEY EXCAVATING, INC.,: d/b/a CUMBERLAND VALLEY EXCAVATORS,: Defendant PRAECIPE TO: PROTHONOTARY Please enter my appearance on behalf of the Defendant, CUMBERLAND VALLEY EXCAVATING, INC., d/b/a CUMBERLAND VALLEY EXCAVATORS. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Defendant sHERIFF'S RETURN - REGULAR cASE NO: 2001-028~8 P CoMMONWEALT~ OF pENNSYLVANIA: coUNTY OF cUMBERLAND sMITH L B INC VS cuMBERLAND VALLEY EXCAVATING sheriff or DepUty Sheriff of , whO being duly sworn according to law, was served upon sayS, the within cOMPLAINT & NOTICE the at ~ ~oURS, on the 4-~t~hth day of Jun_~, DEFENDANT ' 6355-6375 BAsHORE ROAD at by handing to MECHANICSBURG PA 17055 ROBERT yENTZER _----------coM~TiCE together with a true and attested copy of and at the same time directing H_~ attention to the contents thereof- Docketing 6.20 ~ Se~ice .00 ~ine Affidavit 10.00 surcharge .00 o6/o /2oo KNUPP KODAK & IMBLUM sworn and subscribed to before By:~ me this ~__ day of ~j_~ A.D. : IN THE COURT OF COMMON PLEAS LB. SMITH, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ::NO. o,- CUMBERLAND VALLEY EXCAVATING, INC. DBA :. CIVIL DIVISION - LAW CUMBERLAND VALLEY EXCAVATORS Defendant : YOU HAVE BEEN STIED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN 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. FIND OUT WI-~R~ yOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 L.B. SMITH, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND VALLEY EXCAVATING, INC. DBA: CIVIL DIVISION - LAW CUMBERLAND VALLEY EXCAVATORS : Defendant : The Plaintiff, L.B. SMITH, INC., by its attorneys, KNUPP, KODAK & IMBLUM, ~P.C., brings this action of Assumpsit against the Defendant to recover the sum of FOURTEEN THOUSAND. FIVE HUNDRED SEVENTY-ONE DOLLARS AND FIFTY CENTS ($14,571.50), along with cost of this suit and interest thereon from March 24, 2000 upon a cause of action of which the following is a statement: I. The Plaintiff, L.B. SMITH, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 2001 State Street. Camp Hill, Cumberland County, Peunsylvania 17011. 2. The Defendant, CUMBERLAND VALLEY EXCAVATING, INC. DBA CUMBERLAND VALLEY EXCAVATORS, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 6375 Baseshore Road. Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiffs books of original entry hereto attached, made a part hereof and markad Exhibit "A", Plaintiff, at the special instance and ~lUeSt of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of FOURTEEN THOUSAND. FIVE HUNDRED SEVENTY-ONE DOLLARS AND FIFTY CENTS ($14,571.50). F:\USER\KATHY~CMPLA IblT~26672LBS.MTH:07May01 4. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay Plaintifftherefor. 5. The balance due and owing by Defendant to Plaintiff is the sum of FOURTEEN THOUSAND, FIVE HUNDRED SEVENTY-ONE DOLLARS AND FIFTY CENTS ($14,571.50), as appears by the Statement of Account hereto attached, made a pan hereof and marked as Exhibit "B". 6. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FOURTEEN THOUSAND, FIVE HUNDRED SEVENTY-ONE DOLLARS AND FIFTY CENTS ($14,571.50), together with cost of this suit and interest thereon from March 24, 2000. Respectfully submitted, UM, P.C. Robert D. Kodak ~ 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 1804 I Attorney for Plaintiff ::~USER~KATHY~CMPLAINT~26672LBS.MTH:OTMnyOi 2 Oi/~O 'd ~O~L+LIL 'ON ~V~ OI,'c.O 'd ~O;~,L+LLL 'ON ~.,~ $~.~S H£!N$ 8 ~1:1 .~P:?,O ~.~. 030Z-LO-,;O~ $t,~4 ilt Ol/iO 'd g~OIgL+L~L 'ON XUJ $3~ ~IW~ 8 ~ ~ 9~:~0 3~i. O0~-LO-^O~ O[/EO '.4 ~O[EL+L[;_ 'ON ~",~ LBOIT, OPEti ITeM LOO~:-UP CUST(}I5303 DIV O1 A~.B.~BV CgMBESL,%~.'D O.W~N .'%%L 14,571. DATE '.~AME COMBE!(LANO VALIEY EXCA','ATO~S PRINT 9-.999999-~1 6/26/98 2i20.54 2!20.54 ~(;5 S/C P-1549~0-0~ 5/~0/99 127.21. 1~.2~- ~47 5/10/~9 '41~5 !83.43- CASH 8/18/99 40,99 P-155200-~ 5/!1/99 59.!R- ii%6 5/11~99 '4170 59.%2- CASH E-R54443-01 9/05/99 31~U.O0 ~67~.00 ~60 [NV 12/~6/99 '83956 502.00- CAS1! P-S12804-01 $/2?/99 697.76 697.76 43S ~-R558~6-0~ 9/~0/99 i90~-00 190~.0Q 414 E-R57045-01 16/19/99 1~0~.00 '!909.00 3~5 1NV E-R59297-Ol 12/20/99 ].908.00 1~08.00 323 E-.R60C63-0~ !~18/00 %908,~0 63~.00 29~ iNV 2/12/00 R60687 1)72.~0- CM~M D-$13878-01 3/24/~G 881.55 ~8!.55 1~8 NO MONE TO COME 7 ~ Vg=? FOI~Z RCV VERIFICATION l, ROBERT D. KODAK. state that I am not a party to the action bnt that. at the request of the Plaintiff. L.B. SMITH. INC., and based upon knowledge, information, regords and doct,ments supplied to me by the Plaintiff, the averments set fbrth in Plainti~"s Complaint are true. A Verification executed by the Plaintiffcan be supplied at time of trial or upon request. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated:.~_~__ F:\US ER\KATHYXCMPLAINT~26672LBS.MTH:07May01 Z. ,~', We ~ sol~ly ~r (or affix) :ha~ ~- will ~up~or~, (Note: If 4=~-~es for 4.1a~ are a~ar~e4, ~hey shall separately s=aced. ) . .-., . , e ~~.~ applicable. ) · , , - / ' // Chairman ,~, W' NOTI~ OF ~Y OF N~, ~he /6 ~ day e~n~ , __ of ~ a~ 2;~ ,~ -~l., the above parC~ or chei~ pa~ up~ ap~: - ~roc~o~ca~ Deputy P.~. .]'RH ~.5 '02 05:51P1"1 KNUPP B, KODP. K PC : IN THE COURT OF COMMON L. B. SM1TR, INC. Plalnt~ : CUMBERLAND COUNTY, pENnSYLVANIA Vo : CL~EI/LAND VALLEY EXCAVATING, INC. : CML ACTION - LAW d/bls C~.~i~RLAND VALLEY EXCAVATORS : Defendant : NO. 01-2818 CIVIL ~Uij~;I.AT~ON FO~ ENTITY OF AW~,RD ~JF A,ND NOW, this .~'~ day of January, 200~, c~es PlainlY, L. B. SM1TI~ I~C. (herd~"~er ,l~linti~), by its affronts, ROBERT D. KODAK, ESQT.~I~E, KN~I~, KODAK & IMBLUM, P.C. Defendant, CUMBERLAND VALJ.,EY EXCAVATING, INC. d/b/a CUMBEBLAND V, the cap~ion~ matter as follows: 1. plfalntiff filed ~ in tl~ m~m2' to ti2 above term and number oa M~y 9, 2001. 2. Dofend~nt was properly served with mid C(su.~t'~n* by the Sheriff o~ Cumberland Cotmty, Pennsylvm~la, on Jtme 4, 2001. 3. D~endant~s C°unsel did file an Amwer t° FIdntiff~s C°mphiut with the Office of the Pr°th°ri°troT on or about September 28, 2001 ami served rune on p~a,~fff~s Counsel. 4. l~lntiff did fib an Arbitration l)raecipe with the Court on November 1, 2001 end said nmt~ Ss scheduled to be heard by n Board of Arbitrators en Jmuary 16, 2002. the neeeadt~ f~ ~be p).rdew to mind the . ~ (he purp~ settJe~ or ~he c~n ~ fnue and to pre~ Arl~rado~ ~s ,~ forth horein~ove. Yalfd by the Arbitration Panel for t/~ purpos~ m~ forth bereh. Respectfully submitted by: LAW OFFICES OF MIC~IAEL j. I'L4.NFT KNUPP, KODAK~ 19 Brookwood Avenue ~ S._a_e 106 Car]kl,, PA 1701~-9142 Post Office Box #I/848 (717) 249-5373 Harrisburg, PA 17108-1848 I.D. No. ~976 (717) 238-7I$1 for Defrost Attorney LD. No. t8041 ~BONN~JO~$TI~ W~, WPD: l M~O2 2 L.B. SMITH, INC. : In the Court of COMMON PLEAS of Plaintiff : CUMBERLAND County, Pennsylvania v. : NO. 01-2818 CUMBERLAND VALLEY EXCAVATING, INC. : d/b/a CUMBERLAND VALLEY EXCAVATORS: Defendant PRAEClPE TO THE PROTHONOTARY: Please mark the above-captioned Arbitrator's Award as settled and satisfied in full. TO CUMBERLANDprothonotary County ~~"~~ Dated: October 8, 2002 . Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041