HomeMy WebLinkAbout04-4602COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of Cumberland
NOTICE OF APPEAL
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. QL( _?4n0 _ ri uil /F?Ln
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
MAG. DIST. NO, I NAME OF D.J.
Goodall Pools, Inc. 09-3-03 Susan K. Day
ADDRESS OF APPELLANT CITY STATE ZIP CODE
3501 Simpson Ferry Road Camp Hill PA 17011
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)'
08/18/2004 Premier Concrete Services s Goodall Pools, Inc.
DOCKET M. SIGNATURE ytF APPELLANT OF gTTOR GENT
Cv-0000184-04/(/V//J 4//tll'
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. 10086.
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.
Sgnature 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 Premier Concrete Services
()4-1146 - ^ Ivamgof appellee(s)
LUL/l..
appellee(s), to file a complaint in this appeal
(Common Pleas No. C1-104-04 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
l///tetureorappet)antorattomey or agent
RULE: To Premier Concrete Services appellee(s)
Name or appelleew
(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 MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
7ate:Sp?._ 10__'20 Qj?_ ?- - -"(}?O Sign umofPmth rotary
br uty
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL,
:)PC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL. AND RULE Ta;S?FILE COMPl.AW,
ns,:ir? .?.: ,... MUS1-GE HL LUVwIT ON ,EPjfIfj) R-',r?,V, n+. ::,een:rppfrar,0boat
a"wt+.7YSV?'tt."H,'D ` E_ dSYLVANNr
APFIDA "a,;• i' r rr i?at : etoect
,__ :1 .7)ji, > .? I4 t,1; t fIS.}?OGu .a( PUR e??, t':C. '.f? ?'r ,Jis' F
(6VVGRN) AFhti NIFI?i, NDSiiS? ,IL
THIS DAY OF
Q( .N ure of q8i :3 before
x7tto M offir"'I
J
I
n C?_
v 7
(/? O 1
FROM +Goodall Pools inc
FAX NO.
v FR
:717-763-2070 Sep. 03 2004 09:51AM P2
COMMONWEALTH OF PENNSYLVANIA' NOTICE OF JUDGMENT/TRANSCRIPI
COUNTY OF:. CUMBERLAND CIVIL CASE
-May 9I. iJO.'
09-3-03 PLAINTIFF' NAME and ADDRESS _
FFUMIER,CONCRETE SERVICES
o wmc, Wn. 320 PINS GROVE ROAD
SUS K, DAY GARDNERS, PA 17324
Address.
229. MILL STREET, BOX 167
.
_
MT'$OLLY SPRINGS, PA VS.
DEFENDANT: NAME and ADDRESS
rni bncgc? (717,),.486-.7672 17065 raOODALT, POOLS INC -
3501 SIMPSON FBRRY Rip
CAMP HILL; PA 17011
L J
GOODALL POOLS INC
3501 SIMPSON FERRY RD' Docket No.: CV-0000184-04
l
CAMP HILL; PA 17DII Date Filed: 6/23/0
THIS IS TO HOMEY YOU THAT.-
Judgment:. ' FOR PT.ATNTIPP. „-
Judgment was entered for: (Nance) PRR74TRR COW ftFg1R sRR, VTO.Eq
® Judgment was entered against: (Name) GOODALL, POOT,R Two, .
in the amount of $ R, A9Q _ 7a on: (Date of Judgment) R/1 R104.
Defendants are jointly and severally liable, (Date & Time)
Damages.will be assessed orc'. Amount of Judgment $ 5, 2$'2.23
Judgment Costs $_ 117.00
This case dismissed.without prejudice. Interest on Judgment $ .00
Attorney.Fees $ .00
Total $'' 5:, 39923
Amount of Judgment Subject to
Attachment/42,Pa,C.S. § 8127 $ Post Judgment Credits $
Portion of Judgment for physical . Post Judgment Costs $
damages. arising out of residential
lease $ . Certified Judgment Total $
ANY PARTY, HAS THE RfGHT TO APPEAL WITHIN' 30 DAYS AFTER THE ENTRY OF Jl7DGffiENT SY 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT O F COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES.WITH THE JUDGMENT.
r
Date L
IV
j.
Justice
/ ,
-
I certify that this is a true
ncdlorrect copy of the r eco of.th proceedings coj»Irrhe }tigmeMt .
Date "' ' t d trlct Jistice
COOKE TOWNSHIP 1
OICKINSONTOWNSNIP
MIDOLESEXTOWNSHIP
MT. HOLLY SPRINGS SOROUgM
SOUTH MIDOLETONTOWNISHIP
SUSAN K. DAY
DISTRICT JUSTICE
DISTRICT 093-03
229 MILL SnEEY. P.O. BOX 167
MOUNT HOLLY SPRINGS. PA 57065
18 August 2004-
Reserved Judgment
OFFICE
0S 7972
N6-0950
Plaintiff Premier Concrete Services
Defendant: Gooda11 ;Po.ols Inc
Docket Number: CV-184-04
Date of Hearing: 16 August 2004,
Date of Judgment: 18 August 2004
Decision; Judgment is entered for the Plaintiff in the amount of
$5,282.23 plus costs of $117.00 for a total of $5,399.23.
Comment: This judgment was determined due to.the preponderance of
the evidence
s K. Dap
District /T
Justice JJ
09-3-03
ALL PARTIES ARE HEREBY NOTIFIED THAT THEY HAVE THIRTY (30) DAYS FROM THE
DATE OF JUDGMENT TO APPEAL- .THE DECISION THROUGH THE OFFICE OF THE ------
PROTHONOTARY, CUMBERLAND COUNTY COURT HOUSE, I' COURT HOUSE SQUARE,
CARLISLE, PA (717)240-6195
A
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. Che('x appttcabk boxes )
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND : ss
AFFIDAVIT: f hereb wear (affirm) that I served
K a copy of the Notice of Appeal, Common Pleas Na.04-4602 . upon the District Justice designated therein an
(date ofsertace) September 17, 20 04 ? by personal service [it by (certt6ed 0CGI} tend) mail,
sender's receipt attached hereto, and upon the appellee, (name) premier Concrete Services O11
September 17 _ . 20 _ Ej by personal service ® by certified egistered) mail,
sender's receipt attached hereto_
(SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS ? DAY F bY.. .20ptt__.
Srq•?ahvo ofu7li<sn!
Signature ofoftlcial berore whom atfrdau(t was made
tvp4oc ca Tbbl:
Title of official _
My commission expires art , 20
Br6Ye 1„NaMIN Z1MI hreptlpoy?ty
Lower AIHn TMPH? 2003
My Commieeioe 6a i= Mey 21,
Member. l. "`o1NOt911l9
AQPC 312A - 02
vmvvc^L1In yr rmromo r Lvmmi i
COURT OP COMMON PLEAS
` JutiiclJ?District, County Of Cumberland
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. &I -
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.
Goodall Pools, Inc. 09-3-03 Susan K. Day
ADDRESS OF APPELLANT CITY STATE ZIP CODE
3501 Siq?so n Fer Road camp Iiill PA 17011
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defended)
08/18/2004 Premier Concrete Services VS Goodall Pools, Inc.
DOCKET No SIGNATURE F APPELLANT OR TTORNEY OR AGENT
Cv-0000184-04
This block will be signed ONLY when this notation is required under Pa. IT appellant was Claimant (see t-a. K.C.P.U.J. NO. 7u07(b) 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.
Signet of Prothonolery 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 Premier Concrete Services appellee(s), to file a complaint in this appeal
(.N C Nam9 or appellees)
(Common Pleas No. QV-a64-04- u ) within twenty (20) days after service of rule or, suffer entry of judgment of non pros.
--Signature of appellant or attorney or agent
RULE: To Premier Concrete Services , appellee(s)
Name of appellee(s) -
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20,) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
r
(2) If you do net file a complaint within this time, a JUDGMENT OF NON PROS:hb,Y BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20 I%L I
S/gna re o/Prohonofary r
w
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT[TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
My commission expires first Monday of January, 2010 Y a
'.8/19/04 8:14.13 AM .
AOPC 315-03 DATE PRINTED:.
SUSAN K. DAY
DISTRICT JUSTICE
cooKE TOWNSHIP DISTRICT 09-3-03
OICKINSONTOWNSHIP OFFICE
MIDOLESEXTOWNSHIP 229 MILL STREET, P.O. BOX 167 46F7672
MT HOLLY SPFIINGS BOROUGH MOUNT HOLLY SPRINGS. PA 17065 4664950
SOUTH MIPOLETONTOWNSHIP
18 August 2004
Reserved Judgment
Plaintiff: Premier Concrete Services
Defendant: Go'oda11 XQOls Inc
Docket,Number:' CV-184-04
Date of Bearing: 16 August 2004 .
Date of Judgment: 18 August 2004
Decision: Judgment is entered for the plaintiff in the amount of
$5,282.23 plus costs of $117.00 for a total of $5,399.23.
Comment: This judgment was determined due to.the preponderance of
the evidence.,
Sushi R. Day
District Justice
09-3-03
ALL PARTIES ARE HERESY NOTIFIED THAT THEY HAVE THIRTY (30) DAYS FROM THE
DATE OF JUDGMENT TO APPEAL-- THE DECISION THROUGH THE OFFICE OF THE -- -'
PROTHONOTARY, CUMBERLAND COUNTY COURT HOUSE, 1 COURT HOUSE SQUARE,
CARLISLE, PA (717)240-6195
FRDM':Goodall Pools inc FAX NO. :717-763-2970 Sep. 03 2904 09:51AN P2
NI
LV MENT/TRANSCRIPT
NOTICE OF d
A
A
COMMONWEALTH OF PENNSY v L
CIVIL CA$E,.
COUNTY OF:' CUMBERLAND d ADDRESS
A
ME
yai
PLf11N71(_Fl N
daq. oisL No:: ?
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RSMIER, CONCRETE SERVICES.
rP
09 3-03, 320 PINE GROVE ROAD
osNage,no. "' GARDNERS. PA 17324
SUS' K. DAY J
Add4ea: 229KILL STREET. BOS 167 L
VS
MT HOLLY. SPRINGS..PA .
DEFENDANT' . NAME and ADDRESS ?
Te,.,h : 6,7672 . 17065 rGOODALL "POOLS INC.
3501SIMPSON PERRY RD
CAMP HILL; PA 17011
GOODALL.:'PCOLS INC
'
'
GV 0000184-04
DoV No.:
FERRY RD
3501.SIMP.SON .
Date'7iled: 6/23/04
CAMP' HILL.' PA 17011 I
THIS-16 TO NOTIFY YOU-THAT:
R
FOR
T.AxNrl!TIWF
.
Judgment:,
)
Fx7 Judgment was entered for:,, (Name
Name)
a
inst: (
® Judgment was entered ag
in the amount of $ C; -499, on: (Date of Judgment) Via/"
Defendants are jointly and severally liable. (Date & Time)
Damageswill be assessed on: dgment $ 5-, 2H.2.23
11700
Q osts $ .00
udgment, $ 00
This case dismissEi8 without prejudice. FAttorney
s $399 .23
$ 5:-
Amount of Judgment Subjec tto
§ 8'1'27 $
C osugent Credits $
.
.S.
Attachment/42 Pa.
Post Judgment Costs $
Portion of Judgment for physical
i
nti
l
r
J
a
es
de
damages, arising out of Certified Judgment Total $
lease $.
HIN 30 DAYS AFT
-
' ER THE ENTRY OF JObGNtENT BY FILING ANOTICIE
PPEAL WIT
PARTY , HAS THE RIGHT TO A
ANY
OF APPEAL WITH THE. PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTrTRANSCRIP7 FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 A'ND.NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE .
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
L
A REQUEST FOR.ENTRY OF SATISFACTION WITH THE DISTRICT ES,
JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETT
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
r1
- f 'A I
y
`R Date L` justice
a
eco
f th th proceedings Coa3?a(In"I 9igm6h
of
e r
1 certify that this is 'a true nd correct copy o .
. .. ? ? tnQt J?lstice .
Data
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
District Justine S-san K. Day
229 Mill Street, Box 167
,Mt. Folly sl i , PA 17065
t
i
A. Signature
x ? Agent
? Addressee
B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address different from item 17 O Yes
If YES, enter delivery address below: ? No
3. Service Type
Xf Codified Mail ? Express Mail
? Registered )M Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
alansfier Form 3811 August 2001 7003 Domestic Return Rec 7776 7045
PS s?z M-tsoa l'
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Total Postage & Fees
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¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Premer 0.ncrete Service
320 Pine C:We 13x1
Cardiersr PA 17424
A. Signature
X
0 Agent
B. Received by (Printed Name) C. Date of Delivery
I
- I
D. Is delivery address different from item 17 0 Yes
If YES, enter delivery address below: 0 No
I
i 3. Service Type
I ?$I Certified Mail 0 Express Mail
0 Registered Xl[Retum Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) ? Ves
2. Article Number --
(nansferfrom "Mcelabeq 7003 3110 0000 7776 6970 11
PS Form 3811, August 2001 Domestic Return Receipt 10259s-02-M-tsw
I
U.S . P ost al Ser vice, ,
CE RT IF IED MAIL .,
, RECE IPT
(Do mest ic M ail Only; No Ins .
urance Cove rage Provided)
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TODD M. McKEONE, : IN THE COURT OF COMMON PLEAS OF
trading and doing business as CUMBERLAND COUNTY, PENNSYLVANIA
PREMIER CONCRETE SERVICES, : CIVIL ACTION -LAW
Plaintiff
NO. 04-4602 CIVIL TERM
V.
GOODALL POOLS, INC.,
Defendant
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally 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 j udgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim of
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.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNO"f 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, Pennsylvania 17013
Telephone: (717) 249-3166
Wayne P. Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
WAYNE F. SHADE Carlisle, Pennsylvania 17013
Attorney at Isw
53 West Pointiv Street Telephone: 717-243-0220
Carlisle, Pennsylvania
17013 Attorney for Plaintiff
TODD M. McKEONE,
trading and doing business as
PREMIER CONCRETE SERVICES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-4602 CIVIL TERM
V.
GOODALL POOLS, INC.,
Defendant
COMPLAINT
1.
Plaintiff TODD M. McKEONE is an adult individual, trading and doing business
as PREMIER CONCRETE SERVICES with offices at 320 Pine Grove Road, Gardners,
Cumberland County, Pennsylvania 17324.
2.
Defendant GOODALL POOLS, INC., is a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with offices at 3501 Simpson
Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011.
3.
Prior to August of 2003, the parties hereto had a course of dealing whereby
Plaintiff would perform custom, stamped concrete work for Defendant's projects as a
subcontractor for Defendant.
4.
WAYNE F. SHADE II
Attorney at Law On or about August 1, 2003, the parties entered into an oral agreement pursuant to
53 West Pomfret
Street
Carlisle, Pennsylvania
17013
which Plaintiff agreed to install approximately 1,700 square feet of stamped concrete at
the residence of Scott Austin and Shawn Austin at 175 Kreider Avenue, York,
Pennsylvania.
5.
Plaintiff performed the requested work in August of 2003.
6.
On September 10, 2003, Plaintiff submitted his invoice to Defendant in the amount
of $16,325.95.
7.
On or about October 3, 2003, Defendant paid to Plaintiff the sum of $12,244.46 on
account of the invoice of September 10, 2003.
8.
On or about December 3, 2003, Defendant requested that Plaintiff install a larger
drain at the Austin project.
9.
Plaintiff installed the requested larger drain.
10.
On January 18, 2004, Plaintiff submitted his invoice for the larger drain to
)efendant in the amount of $547.46.
WAYNE F. SHADE
Anomey at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-2-
11.
The amounts of the invoices were calculated in accordance with the fees that
Plaintiff had been charging Defendant for such
parties.
12.
work in the course of dealing between the
The terms of the invoice were "Net 15 Days".
13.
In spite of repeated demands therefor, Defendant has wholly failed and refused to
make any payment on account of the foregoing labor and materials.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
on $4,08]'..49 and interest from February 3,
WaYfee F. Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: '717-243-0220
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
$4,628.95 plus costs and interest from September 26, 2003, through October 3, 2003, on
$16,325.95, interest from October 3, 2003,
2004, on $547.46.
Attorney for Plaintiff
-3-
The statements made in the foregoing Complaint are based upon information
which I have given to my counsel and they are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Date: October 15, 2004
Todd McKeon
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Stree
Carlisle, Pennsylvania
17013
}, i'7
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CV ? -?
TODD M. McKEONE, t/d/b/a
PREMIER CONCRETE SERVICES,
Plaintiff
V
GOODALL POOLS, INC.,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you
wish to defend against the claims set forth in
the following pages, you must take action
within twenty (20) days after this Complaint
and Notice are served, by entering a written
appearance personally 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 AS A REDUCED FEE
OR NO FEE.
CUMBERLAND COUNTY BAR
ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013-3308
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-4602 CIVIL TERM
NOTICIA
LE HAN DEMANDADO A USTED EN LA
CORTE. Si usted quiere defende se de estas
demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de partir de la fecha
de la demanda y la notifcacion. Usted debe
presentar una apariencia escrita o en persona o
por abodago y archivar en la corte en forma
escrita sus defensas o sus objeciones a ]as
demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte
tomara medidas y peude entrar una orden
contra usted sin previo adviso o notificacion y
por cualquier queja o alivio que es pedido en la
peticion de demanda . Usted puede perder
dinero o sus propiedades o ostros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN
ABODAGO IMMEDIATAMENTE. SI NO
TIENT ABOGADO O SI NO TIENE EL
DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR
ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013-3308
TODD M. McKEONE, t/d/b/a
PREMIER CONCRETE SERVICES,
Plaintiff
v
GOODALL POOLS, INC.,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-4602 CIVIL TERM
ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW
MATTER AND COUNTERCLAIM
AND NOW, comes the Defendant, Goodall Pools, Inc., by its attorneys, Pecht &
Associates, PC, and makes the following Answer with New Matter and Counterclaim in
response to Plaintiff's Complaint:
1. (corresponding to the numbering of Plaintiff's Complaint) Admitted. The
Defendant has no basis to dispute the allegations contained in Paragraph 1 of Plaintiff's
Complaint.
2. Admitted.
3. Denied. Paragraph 3 states a legal conclusion to which no response is
required. Defendant admits that prior to August, 2003, Plaintiff performed concrete work
for Defendant's projects as a subcontractor of Defendant. It is denied that such prior
work would constitute "a course of dealing" under current law.
4. Admitted in part and denied in part. It is admitted that Plaintiff agreed to
install approximately 1,700 square fee of stamped concrete at the residence of Scott
Austin and Shawn Austin. The remaining allegations of Paragraph 4 are denied.
Specifically, some of the concrete work was performed in July 2003 or before.
2
5. Denied. On the contrary, Plaintiff performed some of the requested work
in July 2003 and some of the work was never performed by Plaintiff. Moreover, the
worked performed by Plaintiff was substandard and unacceptable to Defendant or its
customers.
6. Admitted in part and denied in part. It is admitted that Plaintiff submitted
an invoice to Defendant on or about September 10, 2003, in the total amount of
$16,325.95. Defendant specifically denies that all amounts contained in the invoice are
due and payable to Plaintiff.
7. Admitted.
8. Admitted in part and denied in part. It is admitted that Defendant
requested that Plaintiff install a larger drain at the Austin property. However, the request
was made prior to December 3, 2003.
9. Denied. Plaintiff never installed the requested larger drain. On the
contrary, Defendant installed the larger drain on its own.
10. Admitted in part and denied in part. It is admitted that on or about January
18, 2004, Plaintiff submitted an invoice to Defendant requesting payment in the amount
of $547.46 relating to the larger drain. It is specifically denied, however, that any amount
of that invoice is due Plaintiff, because Plaintiff performed none of the requested work.
11. Admitted in part and denied in part. It is admitted that the charges on the
invoices as submitted by Plaintiff to Defendant or calculated in accordance with
processes disclosed to Defendant. It is denied, however, that a relationship between the
parties amounted to a "course of dealing."
3
12. Admitted in part and denied in part. It is admitted that Plaintiff s invoices
say "Net 15 Days" and that Plaintiff provided a letter to Defendant with that statement.
Such statement is attached hereto as Exhibit "A" and incorporated herein by reference.
However, such letter from Plaintiff sets forth that no interest will be charged on any
invoice of Plaintiff until after 30 days of the date of the invoice.
13. Denied. Defendant has paid Plaintiff all amounts due to Plaintiff relating
to the Austin project.
WHEREFORE, Defendant respectfully requests this Honorable Court to enter a
judgment in its favor against Plaintiff.
NEW MATTER
14. (continuing numbering of Plaintiffs Complaint) The averments of
Paragraphs 1 through 13 are incorporated herein as if fully set forth at length.
15. Plaintiff is entitled to no additional monies from Defendant because
Plaintiff's work was unacceptable, unworkmanlike, and not to a standard reasonably
acceptable in the industry.
16. Plaintiffs claim is barred by accord and satisfaction, because Defendant
has paid Plaintiff all amounts due for the subject work.
17. Any amounts due Plaintiff must be reduced by Defendant's right of set-
off, because, due solely to the lack of quality of Plaintiff s work, Defendant was required
to provide its customer with credits of $6,100 relating to problems created by Plaintiff's
substandard and unacceptable work.
18. Plaintiff has been paid all amounts due it from Defendant relating to the
Austin project.
4
WHEREFORE, Defendant respectfully requests this Honorable Court to enter a
judgment in its favor against Plaintiff.
COUNTERCLAIM
COUNT I - AUSTIN PROJECT
19. (continuing numbering of Answer with New Matter) The averments of
Paragraphs 1 through 18 above are incorporated herein as if fully set forth at length.
20. In July 2003, Defendant engaged Plaintiff to provide concrete work at the
home of Scott and Shawn Austin located at 175 Kreider Avenue, York, Pennsylvania, as
a subcontractor and Plaintiff agreed to provide such work and materials.
21. In charging its customers for work, Defendant included a reasonable price
for concrete work to be performed by Plaintiff.
22. Plaintiff did not perform all of the concrete work as agreed, and the work
performed by Plaintiff was substandard in the industry and was not accepted by
Defendant's customers.
23. Based solely on the poor quality of work performed by Plaintiff,
Defendant has been forced to provide credits to its client in the amount of $6,100.
24. The work to be performed by Plaintiff was to be of reasonable quality in
the industry and acceptable to Defendant's customer.
25. Plaintiff agreed to guarantee its work. See Exhibit "A" attached hereto
and incorporated herein by reference.
26. Because the credits were due solely to Plaintiff's poor workmanship,
Plaintiff is liable to Defendant in the amount of $6,100 relating to claims regarding the
Austin project.
5
COUNT II - BAKER PROJECT
27. The averments of Paragraphs I through 26 above are incorporated herein
as if fully set forth at length.
28. Defendant engaged Plaintiff to provide certain concrete services to Harry
and Suzanna Baker at property located at 761 Ridge Rune Drive, Dallastown,
Pennsylvania, and Plaintiff agreed to provide said work and materials.
29. In charging its customers for work, Defendant included a reasonable price
for concrete work to be performed by Plaintiff.
30. Plaintiff provided those services in an un-workmanlike manner, and its
work was substandard in the industry and not accepted by Defendant's customers.
31. The concrete work provided by Plaintiff at the Baker property was so bad
that the concrete was required to be sealed several times. In sealing and resealing the
concrete, Plaintiff made the concrete deck for the Bakers unusable.
32. Plaintiff never provided a concrete deck at the Baker home in a usable
condition.
33. As a result of Plaintiff's faulty and unacceptable work, Defendant was
required to provide a credit to its customer in the amount of $4,775.
34. Plaintiff agreed to guarantee its work. See Exhibit "A" attached hereto
and incorporated herein by reference.
35. The work to be performed by Plaintiff was to be of reasonable quality in
the industry and acceptable to Defendant's customers.
6
36. Because Defendant was forced to provide the credit to the Bakers solely
because of the poor workmanship of Plaintiff, Plaintiff is liable to Defendant in the
amount of $4,775.
WHEREFORE Defendant respectfully requests this Honorable Court to enter
judgment in its favor and against Plaintiff in the amount of $4,775.
Respectfully submitted,
PECHT & ASSOCIATES, PC
Dated: November 4, 2004 By:
Wa e M. Pecht, Esquire
Attorney I.D. No. 38904
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
717-691-9808
Attorneys for Defendant
7
A
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VERIFICATION
I, Robert L. Goodall, Jr., of Goodall Pools, Inc., acknowledge that:
1. I am the President of Goodall Pools, Inc., and I am authorized to sign this
Verification on behalf of the Company;
2. The facts set forth in the foregoing document are true and correct to the
best of my knowledge, information, and belief; and,
3. I am aware that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Dated: ?enro,Mba r y? a Q c Goodall Pools, Inc.
By: ?--_-
Robert L. Goodall, .'r., President
Premier Concrete Services
41 Country Club Rd.
Carlisle, PA 17013
Attn: Goodall Pools, Inc.
Bob Goodall
We are a small company and want to be able to continue to offer low rates to our
contractors in order for us all to make money. To be able to continue this we must work
on our business relationship. We must keep revenue moving and communicate when
there is a problem or concern which affects our revenue. We, as Premier Concrete
Services, guarantee our work and when there is a problem concerning our work, we must
be notified immediately in order for us to correct it before time slips by and it interferes
with our schedules.
Terms:
Due to the situations we've had in the past we will be limiting the amount of credit in
which we are able to offer you at this time. In order for our business to revolve we must
apply a$10,000.00 limit. Any job exceeding this limit we will require a 50% deposit
prier to starting job. All invoices are a net 15 and after 30 days from date of invoice there
will be a L% interest charge compounded weekly.
Clarifications
We offer you a contractors price which is considerably lower than what we charge our
regular customers. You then mark up the cost of our product as you are the contractor
and should assume full responsibility of customer negotiations. We will in no way get
involved in any money negotiations with your customers. My prices are non negotiable.
However, we do guarantee our work and will gladly correct any faulty product of ours.
We would gladly assist in the submittal of patterns and colors to your customers.
- All concrete prices are based upon Premier Concrete Services providing concrete
material, forming, rebar, grounding of pool, inspection scheduling, placing
concrete, striping, and finishing. Finishing includes the stamping, color, release
agent, strip and finish cantilever edge, saw joints and sealing.
- Prices are based upon adequate sub grade, access to jog site and with in a
reasonable travel distance of 30 - 45 minutes of Harrisburg area with out
additional costs incurred.
- These concrete prices do not include the cost of any special color. (Please refer to
Integral color price sheet.)
CERTIFICATE OF SERVICE
I hereby certify that on the 4th day of November 2004, I served a true and correct
copy of the foregoing Answer with New Matter and Counterclaim upon the following
person by First Class Mail, postage pre-paid, addressed as follows:
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
Dated: November 4, 2004
A
Wayne A Pecht, Esquire
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
r--`s C?
C-? c?-a wt'1
?- 71 fpn
Cil
TODD M. McKEONE,
Plaintiff
V.
GOODALL POOLS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION
:NO.: 04-4602 CIVIL TERM
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of James I. Nelson, Esquire on behalf of the Plaintiff, Todd
M. McKeon, in the above captioned case.
Date: Respectfully submitted,
ROMINGk BAYLEY & WHARE
;lson, Esquire
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 91144
Attorney for Plaintiff
PRAECIPE TO WITHDRAW APPEARANCE
Please withdraw my appearance on behalf of the Plaintiff, Todd M. McKeon, in the
above captioned case.
Date: &A-e Q 41 -20 v ?f Respectfully submitted,
James e
1 Hanover Street
- outh Wayne . Shade, Esquire
r ?c?
<a
TODD M. McKEONE,
Trading and doing business as
PREMIER CONCRETE SERVICES,
Plaintiff
V.
GOODALL POOLS, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-4602 CIVIL TERM
REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM
REPLY TO NEW MATTER
14. The averments of paragraphs 1 through 13 of the pleadings herein, being at issue, no
response is required.
15. The averments of paragraph 15 of Defendant's New Matter are denied. On the
contrary. Plaintiff's work was completed in good and workmanlike manner in all respects. Strict
proof of the averment in paragraph 15 is demanded at trial.
16. The averments of paragraph 16 of Defendant's New Matter are denied. On the
contrary, Plaintiff avers that Defendant's partial payment was not accepted in full satisfaction of
Plaintiff s invoice. Strict proof of the averment in paragraph 16 is demanded at trial.
17. The averments of paragraph 17 of Defendant's New Matter are denied. On the
contrary. Plaintiffs work was completed in a good and workmanlike manner in all respects.
Strict proof of the averment in paragraph 17 is demanded at trial.
18. The averments of paragraph 18 of Defendant's New Matter are denied. On the
contrary, Defendant owes Plaintiff the sum $4,628.95. Strict proof of the averment in paragraph
18 is demanded at trial.
WHEREFORE, Plaintiff respectfully requests that Defendant's New Matter be dismissed
and that judgment be entered in favor of Plaintiff and against Defendant.
ANSWER TO COUNTERCLAIM
COUNT I-AUSTIN PROJECT
19. The averments of paragraphs I through 18 of the pleadings herein, being at issue, no
response is required.
20. Admitted with the qualification that the transaction dates from July of 2003 or on or
about August I, 2003, are not materially different.
21. The averments of paragraph 21 of Defendant's Counterclaim, being within the
exclusive knowledge of Defendant, are denied; and proof thereof is demanded.
22. The averments of paragraph 22 of Defendant's Counterclaim are denied. On the
contrary, Plaintiffs work was completed in a good and workmanlike manner in all respects.
Strict proof of the averments in paragraph 22 is demanded at trial.
23. 1'he averments of paragraph 23 of Defendant's Counterclaim are denied. On the
contrary. Plaintiff's work was completed in a good and workmanlike manner in all respects.
Strict proof of the averments in paragraph 23 is demanded at trial.
24. The averments of paragraph 24 of Defendant's Counterclaim are admitted in part and
denied in part. It is admitted that the work to be performed by Plaintiff was to be a reasonable
quality in the industry, but it is denied that Defendant's customer had the unqualified right to
unreasonably reject the work. Strict proof of the averments in paragraph 24 is demanded at trial.
25. Admitted.
26. The averments of paragraph 26 of Defendant's Counterclaim are denied. On the
contrary. Plaintiff's work was completed in good and workmanlike manner in all respects. Strict
proof of the averments in paragraph 26 is demanded at trial.
W HERFFORE, Plaintiff respectfully requests that Defendant's Counterclaim be
dismissed and that judgment be entered in favor of Plaintiff and against Defendant.
COUNT II - BAKER PROJECT
27. The averments of paragraph 1 through 26 of the pleadings herein, being at issue, no
response is required.
28. Admitted.
29. The averments of paragraph 29 of Defendant's Counterclaim, being within the
exclusive knowledge of Defendant, are denied, and proof thereof is demanded.
30. 'The averments of paragraph 30 of Defendant's Counterclaim are denied. On the
contrary. Plaintiff's work was completed in a good and workmanlike manner in all respects.
Strict proof of the averments in paragraph is demanded at trial.
31. The averments of paragraph of 31 of Defendant's Counterclaim, being with the
exclusive knowledge of Defendant, are denied, and proof thereof is demanded.
32. The averments of paragraph of 32 of Defendant's Counterclaim are denied. On the
contrary. Plaintiffs work was completed in a good workmanlike in all respects. Strict proof of
the averments in paragraph 32 is demanded at trial.
33. The averments of paragraph 33 of Defendant's Counterclaim are denied. On the
contrary, Plaintiff's work was completed in good and workmanlike manner in all respects. Strict
proof of the averments in paragraph 33 is demanded at trial.
34. Admitted.
35. The averments of paragraph 35 of Defendant's Counterclaim are admitted in part and
denied in part. It is admitted that the work to be performed by Plaintiff was to be a reasonable
quality in the industry, but it is denied that Defendant's customer had the unqualified right to
unreasonably reject the work. Strict proof of the averments in paragraph 35 is demanded at trial.
36. The averments of paragraph 36 of Defendant's Counterclaim are denied. On the
contrary, Plaintiffs work was completed in a good workmanlike in all respects. Strict proof of
the averments in paragraph 36 is demanded at trial.
WHEREFORE, Plaintiff respectfully requests that Defendant's Counterclaim be
dismissed and judgment entered in favor of Plaintiff and against Defendant.
Date: February 25, 2005 Respectfully s bmitted,
ROMINGI?RjBAYLEY & Wt1ARE
1 lson, Esquire
AITtManover Street
Carlisle. PA 17013
(717) 241-6070
Supreme Court ID # 91144
Attorney for Plaintiff
TODD M. McKEONE,
Trading and doing business as
PREMIER CONCRETE SERVICES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-4602 CIVIL TERM
V.
GOODALL POOLS, INC.,
Defendant
CERTIFICATE OF SERVICE
I, James 1. Nelson, Esquire, attorney for Plaintiff, do hereby certify that I this day served
a copy of the Reply to New Matter and Answer to Counterclaim upon the following by
depositing same in the United States Mail, first class postage prepaid, at Carlisle. Pennsylvania,
addressed as follows:
Dated: February 25, 2005
Wayne M. Pecht, Esquire
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
Respectfully
BAYLEY & W HARE
?s L Ison, Esquire
155 So nover Street
arlisle, PA 17013
(717) 241-6070
Supreme Court ID # 91 144
Attorney for Plaintiff
lodd W1. wrteows_ +Wv)
'2M,1 ?CMCI e C. 1 c-eS, Case No. OH - L[ Up,
?rr?dal.? Q00?5 ? Tic
Statement of Intention to Proceed
To the Court:
intends to proceed with the above captioned matter
Rkt?/t; cc Qsmcx;eR_ S2C vi ceS r
Print Name `CO` Sign Name ?-
Date: Attorney for _
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
It Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course termination the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
.-•"k
Y
is > ' 11 j
TODD M. McKEONE, t/d/b/a
PREMIER Concrete Services,
Plaintiff
V.
GOODALL POOLS, INC.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL 2004-4602
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Vincent M. Monfredo, 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 $4,628.95 plus costs and interest from September 26,
2003 through October 3, 2003, $16,325.95 interest from October 3, 2003, $4,081.49 interest from
February 3, 2004 and on $547.46. The counterclaim of the Defendant in the action is $4775.00.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators:
Michael O. Palermo, Jr., Esquire, Karl E. Rominger, Esquire and Lee E. Oesterling, Esquire.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
Tom-- ???
Vincent M. Monfredo, Esquire
Attorney for Plaintiff
155 South Hanover Street
Carlisle, PA 17013
Telephone: (717) 241-6070
Supreme Court I.D. 206671
ORDER OF COURT
AND NOW, , 200_, in consideration of the foregoing Petition,
, Esquire, , Esquire, and , Esquire,
are appointed arbitrators in the above-captioned action as prayed for.
BY THE COURT:
J.
TODD M. McKEONE, t/d/b/a
PREMIER Concrete Services,
Plaintiff
V.
GOODALL POOLS, INC.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. CIVIL 2004-4602
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Vincent M. Monfredo, 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 $4,628.95 plus costs and interest from September 26,
2003 through October 3, 2003, $16,325.95 interest from October 3, 2003, $4,081.49 interest from
February 3, 2004 and on $547.46. The counterclaim of the Defendant in the action is $4775.00.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators:
Michael O. Palermo, Jr., Esquire, Karl E. Rominger, Esquire and Lee E. Oesterling, Esquire.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
Vincent M. Monfredo, Esquire
-11z?
Attorney for Plaintiff
155 South Hanover Street
Carlisle, PA 17013
Telephone: (717) 241-6070
Supreme Court I.D. 206671
ORDER OF COURT
AND NOW, 8 , 2009 , in consideration of the foregoing Petition,
Esquire, squire, and -, Esquire,
are appointed arbitrators in the above-captioned action aspvytgd for.
J.
jv N y
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,.
-(A, ? rri
} rs
jr,
WIA
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00
tit
TODD M. MCKEON,
t/d/b/a PREMIER CONCRETE
SERVICES,
Plaintiff
GOODALL POOLS, INC.
In The Court of Common Pleas of Cumberland
County, Pennsylvania No? 0 0 4.4 6 0 2
Defendant Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
4wi fidelity.
1 e pature Si e
James D. Bogar James M. Robinson Joseph P. Ruane
Name (Chairman) Name Name
Law Offices of
James D. Bogar Turo Law Office Weia & Associates, P.C.
Law Firm Law Firm Law Firm
1 West Main Street
Address
28 S. Pitt Street
Address
126 E. King Street
Address
Shiremanstown, PA 17011 Carlisle, PA 17013 Shippensburg, PA 17257
City, zip city, zip city, zip
01-as 19
162 78 Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for elay are awarded, they shall be separately stated.)
c? ? ???.?5'.vo V
. Arbitrator, dissents. (Insert name if applicable
Date of Hearing: 41eq A C; ny.-I -
J Mobesp, (Chairman)
Date of Award: 991-?
inson
n
r
Josep P. Ruane
Notice of Mrft44f Award
Now, the day of ao` &d, 20,6 at - , -.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ aes
//71, A s2s. A By:
Prothonotary
Deputy
1
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14