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HomeMy WebLinkAbout12-1666i -0-HFIC ;'E H N S `i`' Vl' N I A DRIVEKORE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. - WA4 1. 'iv l STONERIDGE, INC. AND CIVIL ACTION - LAW RANDOLPH SEITTER Defendants NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ?} ?1o3.?5pd ak? ? 4L?ayvr DRIVEKORE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. STONERIDGE, INC. AND CIVIL ACTION - LAW RANDOLPH SEITTER Defendants COMPLAINT AND NOW, comes the Plaintiff, DriveKore, Inc., by and through its attorney Charles Rector, Esquire, and avers in support of its Complaint against Defendants, Stoneridge, Inc., and Randolph Seitter, as follows: 1. Plaintiff, DriveKore, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 101 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Pro-Cut Concrete Sawing & Drilling is a sub-division of Drivekore. 2. Defendant, Stoneridge, Inc. is a Pennsylvania Corporation with its principal place of business located at 835 Penna Boulevard, Feasterville, PA 19053. 3. Defendant, Randolph Seitter, is an adult individual who is the Vice President of Stoneridge, Inc., with a principal place of business located at 835 Penna Boulevard, Feasterville, PA 19053. COUNT 1: BREACH OF CONTRACT 4. On or about July 17, 2010, Randolph Seitter completed an Application for Credit on behalf of Stoneridge, Inc. with Plaintiff (see Exhibit "A" attached hereto and incorporate herein). 5. The Credit Application signed by Defendant, Randolph Seitter, on July 17, 2010, provides in pertinent part that: "I hereby guarantee all amounts due under this contract and promise to pay all amounts due on demand." 6. Based upon Defendants' Credit Application and personal guarantee, credit was granted to Defendants for the purchase of equipment from Plaintiff and for services provided by Plaintiff. 7. The contract between Plaintiff and Defendants is based on the written Credit Application executed by the Defendants, the Invoice for services, the requests for services by Defendants, and Defendant's retention of the services, as well of receipt of the Invoice, without rejection. 8. On April 21, 2010, Plaintiff provided Defendants a quotation for work to be performed at Manheim Township High School (see Quotation attached hereto, incorporated herein and marked as Exhibit "B"). 9. Defendants hired Plaintiff for the Manheim Township Pool Renovation job, and in June 2010, Defendants provided Plaintiff a Purchase Order for services (see Purchase Order attached hereto, incorporated herein and marked as Exhibit "C") 10. From June 24, 2010 to August 10, 2010, Plaintiff provided services to Defendants on the Manheim Township Pool Renovation job. Throughout the job, Defendants verbally requested Plaintiff provide additional services beyond the Quote and Purchase Order. The extra work included hanging plastic over the lights, pumping slurry into barrels, dumping the slurry water, waiting on scaffolding, chipping a curb off the ground pool, chain sawing additional openings, and making extra thick cuts in the mechanical room trench, pool trough, pool and filter room slabs and pool core wall (see Summary of Additional Work Completed attached hereto and incorporated herein and marked as Exhibit "D") 11. Plaintiff has maintained a running account of the services provided to Defendants and maintained accurate records of the services provided-to Defendants (see Work Orders, Timesheets and Job Sheets attached hereto and incorporated herein and marked as Exhibit "E"). 12. Defendants have failed and/or refused to pay Plaintiff the amount of $8,739.25 for additional work requested on-site by Defendants (see Summary of Work attached hereto and incorporated herein and marked as Exhibit "F") 13. Plaintiff has provided Defendants with an accurate Invoice specifically identifying the services provided to Defendants and the amount due to Plaintiff dated August 9, 2010 (see Invoice attached hereto and incorporated herein and marked as Exhibit "G"). 14. Defendants have retained the Invoice without rejection for an unreasonably long period of time and have failed to remit payment to Plaintiff. 15. Pursuant to the terms of the Application for Credit one and one-half (1.5%) percent per month interest is to be charged to all invoices not paid within thirty (30) days of the date of the invoice (see Exhibit "A"). 16. Pursuant to the terms of the Application for Credit, Defendants have agreed to be responsible for Plaintiff's attorney's fees, collection costs and all costs associated with the collection of any delinquent balance (See Exhibit "A"). 17. Interest as of the date of the filing of the within complaint is $2,228.51. 18. Additional interest will accrue and be due and owing through disposition of this case. 19. Plaintiff has retained the services of the Law Offices of Charles Rector, Esquire, P.C. and has agreed to pay them a fee, which fee continues to accrue and will be calculated upon disposition of the case. 20. Plaintiff has incurred and may continue to incur costs of collection of the balance due from Defendant, which total will be calculated upon disposition of the case. COUNT 2: UNJUST ENRICHMENT 21. Paragraphs 1-20 are incorporated as though fully set forth at length herein. 22. Defendants specifically requested credit from Plaintiff in the Application for Credit in order to obtain products and services from Plaintiff (see Exhibit "A"). 23. Defendants specifically requested, accepted and received services from Plaintiff, as evidenced by Work Orders, Timesheets, Job Sheets and Summary of Work and Invoice, and have continued to fail and refuse to remit payment to Plaintiff (see collectively Exhibits "E," "F" and "G") 24. Defendants have been unjustly enriched by the receipt of services provided by Plaintiff without paying the full and fair value of those services. WHEREFORE, Plaintiff, DriveKore, Inc., demands judgment in its favor and against Defendants, Stoneridge, Inc. and Randolph Seitter, in the amount of $10,967.76, plus additional accrued interest, collection costs and attorneys fees and for such other relief that the Court deems just and appropriate under the circumstances. RESPECTFULLY SUBMITTED, RE Cftrles Rector, s ire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorneys for Plaintiff Date: 3/l ?f ?l z I verity that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Kevin Craig DriveKore, Inc. Date: 3 A 1 11 ? Y'] L V O ?J c!K T ~a ? Wl UO W?- 4N Z LAi. ow ?J Ua J CL O Q ?911gs c NP-h?•y,-,,? In 9L 'j ? o IY Qj I D N ei d ? d U C-tL ?n a? a U A co W o w g 3Z Z~LL } a m O?LL ? DQQ; i = O?~ r O? s j a i? n a ?R@8 L fig I o LL. LLP a 0 g? m 6 7 r 1 z? 0 uo W} ?q ?z ci 0 g ? l 7 a ? O w U 2 OL G ZZ4 F O o d 0 U o U IL (? ? H Q z Ei 0 u U fi .r. Oq b O h 3 w N N N d' N Nil R, tf) N °o M N V1 N M 0 ON a w PQ ?d 0. v-? r•, 00 w V V U cV W Z w W W U. w LU t z W U) ti M N E J-+ N .a -?v LL T 0) r N a l? C C m 0 CL 8 O C M T Q CL as ? _° 090 1Z 'i IL rz o? ?a N c A = GC 0 -p Zw 00 00 0 T c a. C ? a CV) 0 Co T c v a M N t CL c o1°c 0 C N rn 00 OD < L?5 UA ^ d= oY 0 >. ci s-ocCL m¢CL LL EL U a° ?M w: coo ti ?Z° oA aoa.?co (q I ?.N c L 00 = 0-M ..r ?tia¢nz. h 0 M a0 m 0) o IV C-4 O O ? lVw C N ?: H m N per.. 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M , O O V- cD cn a PRO-OBIT CONCRETE SAWING & DRILLING PO Box 2004 Mechanicsburg PA 17055 (717) 766-2775 Fax (717) 766-1101 Roy Hofecker, Sales Development & Estimating rhofecker@drivekore.com Quotation #: Quotation Date: 15067 4-21-10 r7,j?j Ifaf Customer: STONERIDGE AQUATIC CONSTRUCTION Account #: Address: 835 PENNSYLVANIA BOULEVARD City, State, Zip: FEASTERVILLE, PA 19053 Contact: TRISH NICHOLL Job Name: NATATORIUM RENOVATIONS Location: MANHEIM TOWNSHIP HIGH SCHOOL Office Phone: 215-942-4300 Office Fax: 215-942-4222 Job Phone: Email: pool@stoneridgeinc.com Follow Up: 5-21-10 Start Date: Status: Estimated Cost: $21,511.75 WORK DESCRIPTION • SAWCUT TRENCH IN MECHANICAL ROOM 6'L X 30" W X 8" THICK WITH 36" H END WALLS SLAB WILL BE CUT INTO 200 LB BLOCKS • SAWCUT TO REMOVE POOL TROUGH 246'X 91/2" THICK HORIZONTAL CUT 201'X 16" THICK VERTICAL CUT 45'X 24" THICK VERTICAL CUT 45'X 181/2" THICK HORIZONTAL CUT TROUGH WILL BE CROSSCUT EVERY 5' IN LENGTH • SAWCUT TRENCHES IN POOL & FILTER ROOM FLOOR SLABS 49'L X 18"W X 8" THICK SLAB WILL BE CUT INTO 450 LB BLOCKS • CORE DRILL FROM POOL TO FILTER ROOM 1 -12" DIA X 24" THICK * BASED ON RUNNING HYDRAULIC & ELECTRIC POWERED EQUIPMENT. Excessive waiting time beyond Pro-Cut's control (marking of openings, holes, etc.) will be charged at the rate of $200.00/hour. Pro- Cut shall be responsible for the cutting of concrete only; no removal will be included, unless specified above. Pro-Cut will not be responsible for damage caused by the cutting of conduit, pipes, etc. which may not be visible in the concrete being cut. The above Customer is responsible for layout and marking of all concrete to be cut. QUOTATIONS ARE GOOD FOR 30 DAYS ( EXH181T STONERIDGE 1r• a 835 Pennsylvania Blvd. Feasterville, PA 19053 Phone: (215)-942-4300 Fax: (215) 942-4222 Vendor Pro- Cut(-,( P.0. Box 2004 Mechanicsburg, PA 17055 Purchase Order Date 6/9/1.0 P.O # 10-170-10 Ship to Stoneridge, Inc. C/O Manheim Natatorium 1 115 Blue Streak Blvd Lancaster, PA 17601 1.00 Sawcut trench in mechanical room per your quote $ 21,511.75 Sawcutto remove pool trough per your ote Sawcut trenches in pool and filter roomfloor per your quote Core drill from pool to filter room per your quote Y, rte,.. , as per drawings from Cornerstone Architects and your quote # 15067 dated 4/21/10 y > ?r a Subtotal '}$ " 4f,75 All labor and material proposed to be incorporated must be in strict accordance Sales Tax with the plans and specifications issued by the Owner or their representative for Total this oroiect and is subiect to the aooroval of the Owner or their representative. $ 21>511,.75 No changes or change orders are permitted to this purchase order without approval and a signed ammendment to this purchase order. Approvals must be 9446k N(&U signed by an officer of the corporation and can only be generated from this Authorized by Date office. Field personnel are not authorized to make any changes and proceeding with any changes prior to approval is at the risk of the supplier or subcontractor. Please call 24 hours before delivery. Please forward 6 copies of submittals for approval Please forward 6 Operation and Maintenance Manuals 1 I??II VP???"iiU[1CC??'curllons EXHIBIT C StoneRidoe Aquatic - Natatorium Renovations Quoted Cut Mechanical Room Trench 30'6" x 8" thick 32'x 22" thick Pool Trough 246'x 9 1/2" thick 280'x 9 1/2" thick 201'x 16" thick 202 x 12" thick 45'x 24" thick 52' x 21" thick 45'x 18 1/2" thick 44'x 15" thick Pool & Filter Room Slabs 101'x 8" thick 101' x 12" thick Pool Core Wall 1 - 12" dia x 24" thick 1 - 12" dia x 35" thick Other Extras not quoted Hung plastic on lights - someone turned lights on & melted plastic Pumped slung into barrels & dumped water 3 1/2 hours downtime waiting on scaffolding Chipped curb off around pool - 3 1/2" w x 1 1/2" tall x 246' Chainsawed 3 openings 16" x 14" through 8" thick concrete wall Chainsawed 2 - 36" x 36" squares around pool drains 20" thick - 21' of cutting EXHIBIT . WORKrO D R ° :-..o a ? 33427 P.O. BOX 2004, MECHANICSBURG, PA 17055 717-766-2775 DEN NISOPROCUTCONCRETEC UTTtN G. COM L ?I//k1 ? ?'?-? ?a Div` I?/:???,?, v- ow g YZ l.nripL 122-' 11 H41 -e 2-1 ???•? ? ,?. rl j tc tX C? r,L y 1 /!i tG ?/Ld'? W 1''1 I 57-tf r,.'l ?7r4 An C&,v r n LIP ! Sr`G 1 E - F F o?5(p, OC1 I HEREBY ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE ABOVE DESCRIBED WORK. COMMENTS OR SUGGESTIONS ono RECEIVED X BY /? White - WORK ORDER COPY Canary -- FILE COPY EXHIBIT I I O, O P.O. BOX 2004, MECHANICSBURG, PA 17055 717-766-2775 DENNIS,@PROCUTCONCRETEC UTTING.COM '' 0 K FR - " 33428 I HEREBY ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE ABOVE DESCRIBED WORK. COMMENTS OR SUGGESTIONS #10;? at &.000:14 'le 'le- ? 14 RECEIVED x BY White -- WORK ORDER COPY Canary -- FILE COPY Pink -- OFFICE COPY 33429 AL'S P.O. BOX 2004, MECHANICSBURG, PA 17055 717-766-2775 DENNI$OPROCUTCONCRETECUTTING.COM 2 t&4el .. A70 u- Re--e- &,wA I?J J ? r 0'1! ? ?c GI/?'l cp-e7LE ><? G1 ?+td L..Y1J ?007 9/ 71-4 750, o0 I HEREBY ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE ABOVE DESCRIBED WORK. COMMENTS OR SUGGESTIONS Cof7p4?e-- nb?-c RECEIVED ?/ BY I? $ White - WORK ORDER COPY Canary -- FILE COPY Pink --- OFFICE COPY r a_ r P.O. BOX 2004, MECHANICSBURG• PA 17055 717-766-2775 DENNIS@PROCUTCONCRETEC UTTIN G.COM WaR C, 0-1 ER 33431 I HEREBY ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE ABOVE DESCRIBED WORK. COMMENTS OR SUGGESTIONS RECEIVED X BY /? White --- WORK ORDER COPY Canary -- FILE COPY Pink - OFFICE COPY Customer "0 job Namii , Job Time Sheets k o W /z r or Date .p Employee'til 1 > >> Dale, ?12 © i ,,Arrivai Time:, Lunch (Start):. ?r!? ?fG yj !Y d1 C? Lunch (End): WKi, lip a /r Lr?7G } departure Time:( Total Time,: 1. a to ee:n? y? Date: _ L e " al T 7 aArriv : rin Lunch (Star0vt CJ U Lunch (&4 l r nvf'I I r/.r4 Departure Timer 3 $ T aI Ti me: Date Work Order Completed. Mev,^/1 / 4?el A_ KeaI7 7- 73G ?y _1 Total Job Time: yti all. ;AOPv 2 .1 ? CC SATE JOB NUMBER CUSTOMER JOB NAME JOB CONTACT Ed - ;2 t 5- 313 /?o ? JOB ADDRESS: Sc,h6?1t_ p ?? Q A DIRECTIONS: 12 fe "` k>UZC. E?uo. 5¢ewS? wwt? i a 1 r>' coed 1-F Z 14 P CLYti?n sqQ d SCHEDULED STARTING DAY a s fr dc, STARTING TIME STARTING DATE DRILLERS OR SAWER FINISH DATE r M PO; BOX 2OD4, MECHANICSBURQ, PA 17055 717Y7WU75 DENN IS@PROCUTCON C RETEC UTTI.NG.COM STOtIFTRIDGE Inc ACCT# 169638 L a+.? kY' v } 1' . 1 9 Job Time Sheets Customer Job Name (4-r> Date Work Order Started: -7L 2 Employee: !i Date: Z 1 C-1 d' Arrival Time: Lunch (Start):. 1-110 Lunch (End): Departure Time: `Za Total Time: Employee: Ano C Rd% ?.ooooo00 Arrival Time: Lunch (Start): Lunch (End): Departure Time: Total Time: Date Work Order Completed: Total Job Time: DATE JOB NUMBER CUSTOMER JOB NAME JOB CONTACT JOB ADDRESS: DIRECTIONS: ra r 1 SCHEDULED STARTING DAY STARLING TIME STARTING DATE DRILLERS OR SAWER FINISH DATE I . I Ono, ? R 6gc . P.O< BOX 2004, MECHANICSBURG, PA 170 717^766-2775 (^- DENNIS@PROCUTCONCRETECUTTING.COM ACCT# 169638 i + r Customer Job Time Sheets 5 f?me /- r c- ..T C, Job Name tftn g Tw,? 4001- toL,0 Vf-77kS Date Work Order Started: / Employee: I /?//?? U?"1i? I Date: Arrival Time: , Lunch (Start):. A4 Gc? Lunch (End): ?(A, Departure Time: O v 7: 3 _ A-d L wr/t' Vd Total Time: Employee: a?ooooo00 Arrival Time: Lunch (Start): Lunch (End): Departure Time: Total Time: Date Work Order Completed: Total Job Time: DATE ° D Q JOB NUMBER • B SHEEl' CUSTOMER JOB NAME JOB CONTACT JOB ADDRESS: DIRECTIONS: SCHEDULED STARTING DAY STARTING TIME STARTING DATE 1 DRILLERS OR SAWER FINISH DATE J O p ~ N O O O O ^ O t n N 0 0 ( O 3) I 00 ci M O ? O O r- G r CO) V) N O r r Oi n N O Op N M LO N ? co V 40 r M p 0 0 N X X O O C) ` 0) N N ti ( O L ID 0 0) CO 00 H3 EA ? vi > , > Cn N E . O E O O O c ? V O C p C p ? c1 :p O 0 ° v 0 O 3 N U 0 a O N E C - v C C :3 - p m ?. 0 c m c c p c E t E y ° :3 o o ? C7 Q Q N c3C O N ? 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O O m m L m w V c fp 3 U - U - U V - U V m t 0 N M 2 ch cb U U ?b U - cb c ti •- ti ti v > 0 m n r a ? r ? ? o 00 00 ' ? 0 r O 0 1N c0 o c c0 N O ? 1, O ch N 0 00 cO N cO °2 S 0 4 06 c? f c0 DRnrEK10RE INC 08/09/10 093957 1 . PI,... t1E:ENI RLMTTt?1?I( TO: >> ................................................................... . . P.O. BOX 2004 DriveKore Inc. MECHANICSBURG, PA 17055 P.O. Box 2004 Mechanicsburg, PA 17055 INVOICE (717) 766-7636 * (800) 382-1311 * Fax (717) 766-1101 * www.diivekore.com SALES REPAIR RENTAL CONCRETE SAWING & DRILLING BILL STONERIDGE, INC. SHIP MANHEIM TWP POOL RENOVATIONS TO: 835 PENNA BLVD. TO: FEASTERVILLE, PA 19053 ... ........ 169638 NZC 08/09/10 001 10-170-10 D82831 x.rXi ZWS101 WS360 WALL SAW 1 0 1 5048.0000 5048.00 Cust Item: SEE WORK ORDER ORDER 33687 ZWS101 WS360 WALL SAW 1 0 1 9000.0000 9000.00 Cust Item: ZWS101 WS360 WALL SAW 1 0 1 2256.0000 2256.00 Cust Item: FOR WALL SAWING SEE WORK ORDER 33427 ZCS101 PRO-CUT CHAIN SAW 1 0 1 6297.0000 6297.00 Cust Item: SEE WORK ODER 33428 ZCS101 PRO-CUT CHAIN SAW 1 0 1 1750.0000 1750.00 Cust Item: SEE WORK ORDER 33429 fiI#TRk£:Lly:<ii1::: :>:::1k:&? NH:#'IU:E1f?:.1>3fi.FBF€.Of?iFl: ::;jf0 .. :. ..................: : ;, ?tlw ::: atlas:vtrDl10I: ..:::.::::.:...:. :•: :.: ...... :...... . • ::.::,: ,;:::...: ,.: <.... „ , : , PLEASE REPORT ANY INVOICE DISCREPANCIES WITHIN TEN (10) DAYS -------- PLEASE DETACH REMITTANCE STUB HERE AND INCLUDE WITH YOUR PAY MENT TO ENSURE ACCURATE CREDIT -- -- -_-?-. TC3HAit ?#Qx?..: ............... ::.>::'<' ?i<:;i''.: :;'•": :#1kk.PBiCIG KdFPNE1k71:R#•::: ZWS101 WS360 WALL SAW 1 0 1 5048.0000 5048.00 SEE WORK ORDER ORDER 33687 ZWS101 WS360 WALL SAW 1 0 1 9000.0000 9000.00 ZWS101 WS360 WALL SAW 1 0 1 2256.0000 2256.00 FOR WALL SAWING SEE WORK ORDER 33427 ZCS101 PRO-CUT CHAIN SAW 1 0 1 6297.0000 6297.00 SEE WORK ODER 33428 ZCS101 PRO-CUT CHAIN SAW 1 1 0 1 1750.0000 1750.00 SEE WORK ORDER 33429 EXHIBIT CUSTOMFICNUMBBR SH3P ..... 13YVOICEItATE tNVOICEN(2MBER/W01t$(>>tI )ER' S+?*rT N1T TF4}? TOTAT 169638 08/09/10 08/09/10 093957/D82831 0.;00 ONTINUET7 ' DRIVEHORE INC /10 093957 2 . I*514`Al'?Ff P. 0. BOX 2004 DriveKore Inc. MECHANICSBURG, PA 17055 P.O. Box 2004 Mechanicsburg, PA 17055 INVOICE (717) 766-7636 * (800) 382-1311 * Fax (717) 766-1101 * www.drivekore.com SALES REPAIR RENTAL CONCRETE SAWING & DRILLING BILL STONERIDGE, INC. SHIP MANHEIM TWP POOL RENOVATIONS TO: 835 PENNA BLVD. TO: FEASTERVILLE, PA 19053 , 169638 NZC 08/09/10 001 10-170-10 D82831 :? <: <:.:.::..::; ::::.:..::;:, .:.:::fir::::::>.:•.::..:.:::,:: ;:::.;... .:... ; ::.:... ..:. ..; . ;:::.:::: .:.::: .... ..:..:.:.::.::::::............ . ???+?:.::. . ZDT101 PRO-CUT DOWNTIME CHARGE 1 0 1 700.0000 700.00 Cust Item: SEE WORK ORDER 33431 ZCS101 PRO-CUT CHAIN SAW 1 0 1 1890.0000 •'1890.00 Cust Item: SEE WORK ORDER 33741 ZWS101 WS360 WALL SAW 1 0 1 3310.0000 E-3310.00 Cust Item: SEE WORK ORDER 33742 :: .. • ?:::;::> 1 Jilts i>::;>:..;:.. ;::;-:: - ::::.::?: `•r?Ji•'+QL?:??f` s2i-i:::';:i.:::z:::`.?•'i<>>?i `I:?.Q? '''?%?' ....................... ::: :!AJ??E.#13??ltit•?3:i? k??!tlFiW?a'a!ttLB:?fiP:?fh:':C>?:11?FUQT?k:.;: :::: ;: ;.;:.::.::::?txmt?at?lt:?rnn[.?1??FEt:<;:: :<::»::::: :;.>:,;«;•;. . ... ......... :.;.:.::::: ?::::::: PLEASE REPORT ANY INVOICE DISCREPANCIES VvmaN TEN (10) DAYS PLEASE DETACH REMITTANCE STUB HERE AND INCLUDE WITH YOUR PAYMENT TO ENSURE ACCURATE CREDIT :.....:;.::::::::.>:.:::.;:.: .: ... <:: ::: :.::.::.....: :::..... :::.ppb1ft1Tl6i::'i<:. ;:<:. :;4y. ;:2;•::..::.: :...:::.`.:'.. ;'i::::.:::.;:.:::.;::::.:::;.;;:;::..: :•:; ZDT101 PRO-CUT DOWNTIME CHARGE 1 0 1 700.0000 700.00 SEE WORK ORDER 33431 ZCS101 PRO-CUT CHAIN SAW 1 0 1 1890.0000 1890.0() SEE WORK ORDER 33741 ZWS101 WS360 WALL SAW 1 0 1 3310.0000 3310.00 I SEE WORK ORDER 33742 CUSTOMER NUMBER SHIP. DATE . .._ I# OICE DATE. INY:QICE NUM_BERIWORK ORDER N:, 'r :. TAX „ :TQ'Y'}lm j 169638 08/09/10 08/09/10 093957/D82831 D 50-$ .2-51.0.01, OQ 30.7,i f DRIVEKORE, INC., Plaintiff V. STONERIDGE, INC. AND RANDOLPH SEITTER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-1666 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Pursuant to Pa. R.C.P. No. 401(b)(1), please reinstate the Complaint in the above-captioned matter. 9 k 8 ly u ? Z_ Date: i J OW AAsr"l, Ekluire ? w Offices of Charles Rector, Esquire 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff M "0 ? " O C *n-16 Po A e bmg & a-735;Z7 FRANCIS X. CLARK, P.C. By: Francis X. Clark, Esquire Identification No. 32657 700 American Avenue, Suite 204 P.O. Box 62166 King of Prussia, PA 19406-2166 610-491-9201 TO THE PLAINTIFF: YOU ARE HEREBY NOTIFIED TO FILE A RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS OR A DEFAULT JUDGMENT MAY BE E TERED A YOU. Attorney for Defendants: Stoneridge, Inc. and Randolph Seitter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DRIVEKORE, INC., V. STONERIDGE, INC. and RANDOLPH SEITTER Plaintiff Defendants : : CIVIL ACTION No. 2012-01666 J. c -< ?.. c, C- 3 ; :tee -t ---d cs7 PRELIMINARY OBJECTIONS OF THE DEFENDANTS STONERIDGE, INC. AND RANDOLPH SEITTER TO PLAINTIFF'S COMPLAINT Defendants, Stoneridge, Inc. ("Stoneridge") and Randolph Seitter ("Seitter"), by their undersigned attorney, hereby bring Preliminary Objections to the Complaint of Plaintiff, DriveKore, Inc. ("DriveKore"), pursuant to Rules 1028(a)(1) and (6) of the Pennsylvania Rules of Civil Procedure as follows: 2 I. MOTION TO DISMISS - Pa. R.C.P. 1028(a)(6) PENDENCY OF PRIOR ACTION Prior to the commencement of the present action, on November 28, 2011, DriveKore filed a Complaint against Defendants, Stoneridge, Inc., Randolph Seitter, and Manheim Township School District before Magisterial District, MDJ-09-1-01 (the "Prior Pending Action"). A true and correct copy of said Complaint is attached hereto as Exhibit "A". 2. The Prior Pending Action, which concerned work performed for the Manheim Township School District High School Natatorium Renovations located at 115 Blue Streak Boulevard, Manheim Township, Lancaster County, PA (the "Project'), was thereafter transferred to MDJ-02-102, which is the Magisterial District for the Township where the Project was performed. 3. On February 8, 2012, a default judgment was entered by Magisterial District Justice David P. Miller of MDJ-02-102 against the Defendants in the Prior Pending Action. 4. On February 17, 2012, a Notice of Appeal of the MDJ default judgment in the Prior Pending Action was filed by Defendant, Stoneridge, in the Court of Common Pleas of Lancaster County, Pennsylvania in the matter of DriveKore. Inc. v. Manheim Township School District. Stoneridge. Inc. and Randolph Seitter, at No. CI-12-02139. A true and correct copy of said Notice of Appeal is attached hereto and marked as Exhibit «B„ 5. A Rule to File a Complaint was issued to DriveKore by the Prothonotary of the Lancaster County Court of Common Pleas in the Prior Pending Action, which Rule was served upon DriveKore on February 21, 2012. A true and correct copy of said Rule to File Complaint and letter for service upon Plaintiff is attached hereto as Exhibit "C." 6. To date, DriveKore has failed to comply with the Rule to file a Complaint issued in the Prior Pending Action, which matter still remains pending before the Lancaster County Court of Common Pleas. 7. The Prior Pending Action involves the identical parties and identical issues and circumstances, which arise out of the performance of an alleged contract for work performed at the Manheim Township Natatorium Renovations Project located in Lancaster County, PA, as the present action before this Court. 8. Under Pa. R.C.P. 1028(a)(6), this Court must grant Defendants' Preliminary Objections to the Plaintiff's Complaint and dismiss the instant action based on the pendency of a prior action if a three prong test is met finding that 1) the parties are the same; 2) the rights asserted are the same and 3) the relief sought are the same. Meinhart v. Heaster, 424 Pa. Super. 433, 622 A.2d 1380 (1993). 9. Under Pennsylvania law, the question of a prior pending action is purely a questions of law which shall be determined from an inspection of the pleadings. Davis Cooke Co. v. Waslev, 389 Pa. Super. 112, 566 A.2d 870 (1989). 10. Lancaster County remains the appropriate venue for the prior Pending Action, notwithstanding DriveKore's decision to withdraw its claims against Manheim 4 Township School District as a party Defendant in that matter. Zappala v. Brandolini Property Management, Inc., 589 Pa. 516, 909 A.2d 1272 (2006). 11. A Plaintiff may not change venue in a prior pending action unless it files a Petition pursuant to Pa. R.C.P. 1006(d) which alleges sufficient grounds for transfer as set forth therein. Hoisery Corp. of America, Inc. v. Rich, 327 Pa. Super. 472, 476 A.2d 50 (1984). 12. In the alternative, this Court may stay the later filed action if the identity test is not strictly met but the respective claims involve a similarity of issues and circumstances which would create a duplication of efforts and waste of judicial resources under lis pendens doctrine. Henry Crutchfield, Jr. v. Eaton Corporation, et al., 806 A.2d 1259 (Pa. Super. 2002). WHEREFORE, Defendants, Stoneridge, Inc. and Randolph Seitter, hereby request this Court to grant its Preliminary Objections and dismiss or stay the instant action pending the outcome of the Prior Pending Action of DriveKore, Inc. v. Stonerid e, Inc. and Randolph Seitter, C.C.P., Lancaster Co. at No. CI-12-02139. II. MOTION TO TRANSFER UNDER RULE 1006(e) FOR IMPROPER VENUE 13. Defendants incorporates paragraph 1 through 12 above as though set forth at length. 14. Rule 1028(a)(1) provides that Defendants must make any objection to venue of Plaintiff s Complaint by way of Preliminary Objections. 15. Pursuant to Pa. R.C.P. 1006(e), improper venue shall be raised by preliminary objection and if not so raised shall be waived. 16. Pursuant to Pa. R.C.P. 1006(b) and 2179(a), an action against a corporation may be brought in and only in, inter alia, 1) the county where its registered office and/or principal place of business is located; 2) the county where it regularly conducts business; 3) the county where the original cause of action arose; 4) the county where the transaction or occurrence took place out of which the cause of action arose; and, 5) a county where the property or a part of the property which is the subject matter of the action is located provided that equitable relief is sought with respect to the property. 17. Plaintiff's alleged cause of action and/or the transaction or occurrence out of which this cause of action arose took place in Lancaster, Pennsylvania where the Manheim Township School District High School Natatorium Renovations Project is located. 18. Plaintiff seeks payment from Defendants for breach of contract on an alleged purchase order formed at the Project site in Lancaster County, PA and where Plaintiff's alleged work was performed. 19. The only proper venue under Pa. R.C.P. 2179(a)(4) as a County where a transaction or occurrence giving rise to Plaintiff's cause of action took place in a breach of contract action is the county where the contract was formed which, in this case, is Lancaster County, Pennsylvania. 6 20. Any forum selection terms of Stoneridge's credit application to DriveKore were not incorporated in DriveKore's Proposal or Stoneridge's Purchase Order and are inapplicable to DriveKore's present claims which arise out of alleged "verbal requests" made to DriveKore made during the course of construction of the Manheim Township Pool Renovation Project. See Plaintiff's Complaint at par. 10. 84 Lumber Co., L.P. v. Fish Hatchery. L.P., 934 A.2d 116 (Pa. Super. 2007). 21. Pursuant to Pa.R.C.P. 1006(b) and 2179(a)(1) through (5), therefore the only proper venue for Plaintiff's claim is in Lancaster County, Pennsylvania, where Plaintiff's cause of action is already pending before the Court of Common Pleas of Lancaster County, PA in the matter of DriveKore. Inc. v. Manheim Township School District, Stoneridge, Inc. and Randolph Seitter, at No. CI-12-02139. 22. Pursuant to Pa.R.C.P. 1006(e), if a Preliminary Objection to venue is sustained and there is a county of proper venue within the State, the action shall not be dismissed but shall be transferred to the appropriate court of that County, for which costs and fees for transfer and removal of the record shall be paid by the Plaintiff. 23. Accordingly, pursuant to Rules 1006(d) and (e), and 2179(a) of the Pennsylvania Rules of Civil Procedure, venue is not properly placed in Cumberland County and must be transferred to Lancaster County, Pennsylvania. WHEREFORE, Defendants, Stoneridge, Inc. and Randolph Seitter, request that this Court sustain its Preliminary Objections to Plaintiff's Complaint as to improper venue and transfer this matter to the Court of Common Pleas of Lancaster County, Pennsylvania at No.CI-12-02139 and Order that all costs and fees for transfer and removal of the record be paid by the Plaintiff. DATE: 1 / )-- FRANCIS X. CLARK, P.C. Francis X. Clark Attorney for Defendants, Stoneridge, Inc. and Randolph Seitter 8 VERIFICATION I, Francis X. Clark, hereby verify that I am the attorney for Defendants, Stoneridge, Inc. and Randolph Seitter, that I am authorized to make this verification on his behalf, that the facts contained in the foregoing are legal matters within my personal knowledge and are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. DATE: 6 Gf/?- Francis X. Clar 9 CERTIFICATE OF SERVICE I, Francis X. Clark, Esquire, hereby certify that I have served a true and correct copy of the foregoing Preliminary Objections of Defendants, Stoneridge, Inc. and Randolph Seitter on Plaintiff, addressed as follows, by first class regular mail, postage prepaid, on this date. Christina A. Israel, Esquire Charles Rector, Esquire Law Offices of Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 DATE: Francis X. Cl 10 EXHIBIT A COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland Number: 09-1-01 MDJ Name: Hon. Charles A. Clement, Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: (717)774-5989 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS F- DriveKore, Inc. 101 Wesley Drive Mechanicsburg, PA 17055 VS. DEFENDANT: NAME and ADDRESS 7 I .4M@nheift. Tpwn@111 School District Stoneridge, Inc. & Randolph Seitter P.D. Box 5134 835 Penna Boulevard Lancaster,PA 17606-5134 Feasterville,PA 19053 AMOUNT DATE PAID FILING COSTS $ 141.00 _11/ 3011 POSTAGE $ 30.75 11/ 30 /11 SERVICE COSTS $ CONSTABLE ED. $ TOTAL $ 171.75 11/ 30/11 I DocketNo.: CV_0000541-11 r Date Filed: / Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 9975.18 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): Monies owed to DriveKore, Inc. for additional work done at the Manheim Township School District pool, finance charges, and collection costs. I, Cheryl Beinhower verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unswom falsification to authorities. (Signature o Plaintiff .,At ft en Plaintiff's Attorney: Address: Telephone: ( ) IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A-05 f STGNERIDGE 835 Pennsylvania Blvd. Feasterville, PA 19053 Phone: (215)-942-4300 Fax: (215) 942-4222 Vendor PI-o- (Al tc( 1'.0. Box 2004 1'1l'C11?i111CtiE1L11'?, PA '1705 Purchase Order Date 6/1/10 1'.0 # 10-170-1(1 Ship to Stoneridge, Inc. C/O Manheim Natatorium r- 115 Blue Streak Blvd LAFAWA M, PS 17601 7 1.00 Sawcut trench in mechanical room per our ote $ 21,511.75 21,51175 Sawcut to remove pool trough per your quote Sawcut trenches in pool and filter roomfloor per our quote Core drill from pool to filter room per your quote as per drawings from Cornerstone Architects and our quote # 15067 dated 4/21/10 Subtotal $ 21511.75 All labor and material proposed to be incorporated must be in strict Sales Tax F accordance with the plans and specifications issued by the Owner or their Total representative for this project and is subject to the approval of the Owner or $21,511.75 their representative. No changes or change orders are permitted to this purchase order without approval and a signed ammendment to this purchase order. Approvals must be signed by an officer of the corporation and can only be generated from this office. Field personnel are not authorized to make any changes and proceeding with any changes prior to approval is at the risk of the supplier or subcontractor. Please call 24 hours before delivery. Please forward 6 copies of submittals for approval Please forward 6 Operation and Maintenance Manuals Please forward insurance certificate before any on-site operations .T)d t .IVie" Authorized by Dale Please allow 24 hpi4T4 {lptiee bp fore deljvgry, PRO-CUT CONCRETE SAWING & DRILLING PO Box 2004 Mechanicsburg PA 17055 (717) 766-2775 Fax (717) 766-1101 Roy Hofecker, Sales Development & Estimating rliofecker@drivekore.com Quotation #: 15067 Quotation Date: 4-21-10 Customer: STONERIDGE AQUATIC CONSTRUCTION Account #: Address: 835 PENNSYLVANIA BOULEVARD City, State, Zip: FEASTERVILLE, PA 19053 Contact: TRISH NICHOLL Job Name: NATATORIUM RENOVATIONS Location: MANHEIM TOWNSHIP HIGH SCHOOL Office Phone; 215-942-4300 Office Fax: 215-942-4222 Job Phone: Email: pool@stoneridgeinc.com Follow Up: 5-21-10 Start Date: Status: Estimated Cost: $21,511.75 WORK DESCRIPTION • SAWCUT TRENCH IN MECHANICAL ROOM 6'L X 30" W X 8" THICK WITH 36" H END WALLS SLAB WILL BE CUT INTO 200 LB BLOCKS ® SAWCUT TO REMOVE POOL TROUGH 246'X 9 %_" THICK HORIZONTAL CUTJ 201'X 16" THICK VERTICAL CUT 45'X 24" THICK VERTICAL CUT 45'X 18 %Z" THICK HORIZONTAL CUT TROUGH WILL BE CROSSCUT EVERY 5' IN LENGTH ® SAWCUT TRENCHES IN POOL & FILTER ROOM FLOOR SLABS 49'L X 18"W X 8" THICK SLAB WILL BE CUT INTO 450 LB BLOCKS • CORE DRILL FROM POOL TO FILTER ROOM 1 - 12" DIA X 24" THICK * BASED ON RUNNING HYDRAULIC & ELECTRIC POWERED EQUIPMENT. Excessive waiting time beyond Pro-Cut's control (marking of openings, holes, etc.) will be charged at the rate of $200.00/hour. Pro- Cut shall be responsible for the cutting of concrete only; no removal will be included, unless specified above. Pro-Cut will not be responsible for damage caused by the cutting of conduit, pipes, etc. which may not be visible in the concrete being cut. The above Customer is responsible for layout and marking of all concrete to be cut. QUOTATIONS ARE GOOD FOR 30 DAYS oz? 04 M OWE- NO. AGE Ito. DRIvEKoAElNc. 08/09110 093957 1 .. P1 S ROWMANC1 TO: BOX 2004 P O . . DriveKore Inc. MECHANICSBURG, PA 17055 P.O. Box 2004 Mechanicsburg, PA 17055 INVOICE (717) 766-7636 * (800) 382-1311 * Fax (717) 766-1101 * www.diivekore.com SALES ° REPAIR • RENTAL • CONCRETE SAWING & DRILLING BILL STONERIDGE, INC. SHIP MANHEIM TWP POOL RENOVATIONS TO: 835 PENNA BLVD. TO: FEASTERVILLE, PA 19053 - CUSTOMER ?9?hffiER SHIF YIA T aIIIP 1)t1TE TERRITORY NO. P.O.fI,OB, NU. I {YORK Opp - 169638 Nzc 08/09/10 001 _ 10-170-10 -t D82831 ITEM IV MBER ASCRIPTION $gD Tp 4 gg -0 UNIT PRICF ExThMED PRICE ZWS101 WS360 WALL SAW 1 0 1 5048.0000 5048.00 Cust Item: SEE WORK ORDER ORDER 33687 ZWS101 WS360 WALL SAW 1 0 1 9000.0000 9000.00 Cust Item: ZWS101 WS360 WALL SAW 1 0 1 2256.0000 2256.00 Cust Item: FOR WALL SAWING . SEE WORK ORDER 33427 ZCS101 PRO-CUT CHAIN SAW 1 0 1 6297.0000 6297.00 Cust Item: SEE WORK ODER 33428 zCS101 PRO-CUT CHAIN SAW 1 0 1 1750.0000 1750.00 Cust Item: SEE WORK ORDER 33429 EEDFkALi+>NU AZRVtChCHAR(sSuF15%PERMONTH.(18!t *1 (uILLBEC;Y]ARGER AbL1111?QICF S IU GLY N TEEm$: N6xt 9bbA S ro v>iorrflc rOkoEm ' ' ' ? S&N NET TAX TOTAL 23-16Ed?ti , O . A ): k I VOT PAID W ITHIN w DAYS OF D:ATF OF INVOICE AxG6. -v- aI#tUAeElfE?i177 ro(arc P IS? srua aYrrH YDUR YAYb(13HT [CONTINUED 0.001 PLEASE REPORT ANY INVOICE DISCREPANCIES WITHIN TEN (10) DAYS ITEM NEIMBER ZWS101 ZWS101 ZWS101 zCS101 zCS101 CUST'OMIIR VUMBER 169638 PLEASE DETACH REMITTANCE STUB HERE AND INCLUDE WITH YOUR PAYMENT TO ENSURE ACCURATE CREDIT DESCRIPTTON VA CITY ORDERED QUA1. TY bKORR SB?D UNIT PRICE h?t'Tk'NDED PRICE WS360 WALL SAW 1 0 1 5048.0000 5048.00 SEE WORK ORDER ORDER 33687 WS360 WALL SAW 1 0 1 9000.0000 9000.00 WS360 WALL SAW 1 0 1 2256.0000 2256.00 FOR WALL SAWING . SEE WORK ORDER 33427 PRO-CUT CHAIN SAW 1 0 1 6297.0000 6297.00 SEE WORK ODER 33428 PRO-CUT CHAIN SAW 1 0 1 1750.0000 1750.00 SEE WORK ORDER 33429 I SHIP DATE INVOICE DATE INVOICE NLiMBSR/W:ORK ORDER S & FT NET TAX TOTAL 08/09/10 08/09/10 093957/D82831 0.00 ONTINUED j ?C DRivE;KojkE I1V'V(?? ?1?.TB Il?I't?'QICEI?IO. AGE No. 08/09/10 093957 2 , „ • PLEASE S"RtW"[`ANCE TO: P. O. BOX 2004 DrlveKore Inc. MECHANICSBURG, PA 17055 P.O. Box 2004 Mechanicsburg, PA 17055 INVOICE (717) 766-7636 * (800) 382-1311 * Fax (717) 766- 1101 * www.diivekore.com SALES REPAIR RENTAL • CONCRETE SAWING & DRILLING BILL STONERIDGE, INC. SHIP MANHEIM TWP POOL RENOVATIONS TO: 835 PENNA BLVD. TO: FEASTERVILLE, PA 19053 L T CL?STOMRRMi!KSER =I, VIA SHIPDATB T&RRITORYNO. P.O.:70$NO, I WORKORD= 169638 NZC 08/09/10 001 10-170-10 D82831 ITEM NUMBER DESCRIPTION A T1 O U B UNIT PRICE IKXTENMD PRICF ZDT101 PRO-CUT DOWNTIME CHARGE 1 0 1 700.0000 700.00 Cust Item: SEE WORK ORDER 33431 ZCS101 PRO-CUT CHAIN SAW 1 0 1 1890.0000 1890.00 Cust Item: SEE WORK ORDER 33741 ZWS101 WS360 WALL SAW 1 0 1 3310.0000 3310.00 Cust Item: i I SEE WORK ORDER 33742 FEDHRki.1:U,?? .?S6RVIC6.eHARCi6oF:(?%.PER.btONrH I4% ANNUALLY?!??ILI $E CHAR QFD ON ALL INI!QICBS PEWS N.W3¢1PAYS Tom. PxorBrz. ,?io.touk R S $ NET TAX TOTAL Z 1-7684350 NOT PAID 'ITItUV 7(I DAYS OF n ti3 OF 1NVi71CE ;cpplq r pM j M?1TAN? ygm(y?R g?yT I . Q 1. . PLEASE REPORT ANY INVOICE DISCREPANCIES WITH N TEN (10) DAYS PLEASE DETACH REMITTANCE STUB HERE AND INCLUDE WITH YOUR PAYMENT TO ENSURE ACCURATE CREDIT ITEM NINM ZDT101 DESCRIPTION PRO-CUT DOWNTIME CHARGE 8°Er 1 QW -.. 0 ?. 1 Um PRICE 700.0000 EXTENDED PRICE 700.00 SEE WORK ORDER 33431 ZCS101 PRO-CUT CHAIN SAW 1 0 1 1890.0000 1890.00 ,SEE WORK ORDER 33741 ZWS101 WS360 WALL SAW 1 0 1 3310.0000 3310.00 i i I SEE WORK ORDER 33742 CUS°TOMERNUMBER SHIP DATE I INVOICE DATE INVOICE NUMHERIWORKORDER S$GI'I ? MET TA'X f`OTt\I. 169638 08/09/10 08/09/10 093957/D82831 .00`< 30 251.001 .00' _ 30251.00 P.O. BOX 2004, MECHANICSWRG, PA 17455 71T-788-2775 DEWNIVROCUTCONCRETECUTTINO.COM r r 77 . 3 b, c.; i. •. Lj ., ., ?d MM3d'?:?t?1rl'?"? !4 (',`?7-' - ? ?7?'St? 4 t .,fir,. r ?"n t ,.?• ?:? ,y '7 J(rl?y1 vy a ..,i r a ?. ` (g .Q f f ra, ! f iJ ? ,, r ,`{.. .. ,..<r,,: .. ,.•r fir". rf. I . 5 00 7M.00 . ` ? f 4a t rf f 1 [/ ? ? i t f I HEREBY ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE ABOVE DESCRIBED WORK. u COMMENTS OR SUGGESTIONS RECENED X BY 1? Whir WORK ORDER COPY Canary - FILE COPY Pink --- OFFICE COPY o c!? A P.O. BOX 2004, MECHANG ICSBURG• PA 17053 717-768-2775 DENNMOPROCUTCONCRETECUTTING.COM L X3427 L 4 7' ?t ??,:, ?1 ?P??, '?+4 ?sr`y '"L ,3?•„ f??'?. C ???IC ? .(,? ?'T?-II[.? ?(>' p? ?r+n rr. ! ?y. ?'."y'`L""7?f°`? "F'E.r• t?r'44 e?d:° Z? (00-00 too !/ t 4 aS ... w 4ili / fy F f ?t s .. E ?.- fra/.,rd. ylfJ. E ?7:dd t7/T'o'00 I HEREBY ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE ABOVE DESCRIBED WORK. p3eCOMMENTS OR SUGGESTIONS RECEIVED X BY /? White - WORK ORDER COPY Canary -- FILE COPY Pink - OFFICE COPY ?'ll A r? ?n 428 P.O. BOX 2004, MECHANICSBURG, PA 17065 717-766-2775 UENMSOPROCUTCONCRETECUTTING.COM IQ rte L L RECEIVED y SY x VVI to -- WORK ORDER COPY Canary - FILE COPY Pink --- OFFICE COPY I HEREBY ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE ABOVE DESCRIBED WORK. ?_.." COMMENTS OR SUGGESTIONS s K X 3 4 9 .y r. + P.O. BOX 2004, MECHANIC38UM PA 17056 717-788-2775 DE004"M oCUTCONCltmCUTme.COM L L a. 0 '00 f Ze - C aso. 00 00 t' ?It t [ S,r P f A f."': f q I HEREBY ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE ABOVE DESCRIBED WORK. COMMENTS OR SUGGESTIONS. a . RECEIVED ?/ BY I? Whits - WORK ORDER COPY Canary - FILE COPY Pink -- OFFICE COPY - ?I i of ?'? r A'4 P.O. BOX 2604. MEMMICSSUR3. PA 17065 717-786-2775 I LL 1 r. [?T,33 3 413 r D04MO IPROCUTCONCRETECUTTMG.COM L 6 r P w t Y" J v, p i [ G !? ? ? • J- " 1 ?? ? ? v ? - r l t "? ?: E ` f F t ?." J+? t?} ,y..: ?•.'.°"" •w"t•' r•? ? t ?/t ..G!!v c ft t t r 1 •?.?? E.?_ ''?... ,.. '? f: `` r ,? tee- # i. t.+-• ??, t.: .. IX.")1 ?1wf:. '`. ?'f°?""-.ff•'L" ft1".r° e:.!`t"?.°'F;+b`:?F / I zr I HEREBY ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE ABOVE DESCRIBED WORK. . COMMENTS OR SUGGESTIONS RECEIVED X BY /? While - WORK ORDER COPY Canary -- FILE COPY Pink - OFFICE COPY I L r. f ` z ., a y , 00 1 I HEREBY ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE ABOVE DESCRIBED WORK. ' COMMENTS OR SUGGESTIONS Whka- WORK ORDER COPY RECEIVED BY x Canary - FILE COPY Pink - OFFICE COPY 3 !- F tl!- A' P.O. BOX 2064, MECHANICS"G, PA 17055 717-788-2775 DEVJWdMWUTC0Nc cUTTWQ.CoM L L ._ f.r i? r ?... ??•,.If ? ..l i e 2? ?J1 ?,Y .y.f"11 x,1 ?x i;I?"!.. jt f ( t' P, f ? ( f . /i I o 1 I HEREBY ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE ABOVE DESCRIBED WORK. COMMENTS OR SUGGESTIONS RECEIVED ?/ BY /? White - WORK ORDER COPY Canary - FILE COPY Pink - OFFICE COPY EXHIBIT B COMMONWEALTH OF PENNSYLVANIA 00URTbF COMMON PLEAS Judicial District, County Of Lancaster, PA "ORIGINAL" MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Randolph Seitter and Stoneridge, Inc. 102-1-02 Hon. David P. Miller AVUKCJJ yr F1rrtLLAN I to I T 51 A l t LIr UUUt 835 Pennsylvania Boulevard Feasterville PA 19053 DA I t OF JUDGMEN I IN THE CASE OF (Plainfiln (fefendano' 2/8/12 DriveKore, Inc. 'IGlanheim T "ip School District, et al. OF This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy ;y for Appellants, )eitter .D.J. No. 1001(6) in actior before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon DriveKore, Inc. Name of appellee(s) (Common Pleas No. RULE: To DriveKore, Inc. 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. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. NOTICE OF APPEAL FROM appellee(s), to file a complaint in this appeal within twenty (20) days aft t of rule or suffer of judgment of non pros. Sigg ure of appellant or attorney or agent Attorney for Appellants, Stoneridge, Inc. and Randolph Seitter appellee(s) AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER l Tea /6 46 Notice of Judgment/Transcript Civil Casa. Mag. Dist. No: MDJ-02-1-02 MM DJ Name: Honorable David P. Miller Address: 2205 Oregon Pike Lancaster, PA 17601 Telephone: 717-569-8774 Randolph Seitter 835 Pennsylvania Blvd. Feasterville, PA 19053 Drivekore Inc. V. Manheim Township School District, Stoneridge Inc, Randolph Seitter Disposition Summary Docket N Plaintiff Defendant MJ-02102-CV-0000456-2011 Drivekore Inc. Manheim Township School District MJ-02102-CV-0000456-2011 Drivekore Inc. Stoneridge Inc M"2102-CV-0000456-2011 Drivekore Inc. Randolph Seitter Judgment Summary Participant Joint/ Several Liability Individual Li ability Drivekore Inc. $0.00 $0.00 Manheim Township School District $10,116.18 $0.00 Randolph Seitter $10,116.18 $0.00 Stonerkige Inc $10,116.18 $0.00 Docket No: MJ-02102-CV-0000456-2011 Case Filed: 11/28/2011 Disposition Disposition Date Default Judgment for Plaintiff 02!0812012 Default Judgment for Plaintiff 0210812012 Default Judgment for Plaintiff 02/08/2012 Amount $0.00 $10,116.18 $10,116.18 $10,116.18 Judgment Detail ("Post Judgment) In the matter of Drivekore Inc. vs. Manheim Township School District; Stoneridge Inc; Randolph Seitter on 2/08/2012 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability individual Liability Deposit pp lied ount Civil Judgment $9,975.18 $0.00 59,975.18 Filing Fees $141.00 $0.00 $141.00 Grand Total: $10,116.18 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE, UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. fLB Date Magisterial District Judge Miller _y .4r a true an correct copy o e recd o the proceedings containing the judgment. Date Magisterial District Judge Miller MDJS 315 Page 1 of 2 Printed 02/0912012 216 36PM COMMONWEALTH OF PENNSYLVANIA .LINTY OF LANCASTER Mag. Dist. No: MDJ-02-1-02 MDJ Name: Honorable David P. Miller Address: 2205 Oregon Pike Lancaster, PA 17601 Notice of JudgmenManscript Civil Case Drivekore Inc. v. Manheirn Township School District, Stoneridge Inc, Randolph Seitter Telephone: 717-569-8774 Stoneridge Inc 835 Pennsylvania Blvd Feasterville, PA 19053 Disposition Summary c No Plaint! Defendant MJ-02102-CV-0000456-2011 Drivekore Inc. Manheim Township School District MJ-02102-CV-0000456-2011 Dnvekore Inc. Stoneridge Inc MJ-02102-CV-0000456-2011 Drivekore Inc. Randolph Seitter Judgment Summary Particloan Joint(Se veral Liability Individual Lia bility Drivekore Inc, $0.00 $0.00 Manheim Township School District $10,116.18 $0.00 Randolph Seitter $10,116.18 $0.00 Stoneridge Inc $10,116.18 $0.00 Docket No: MJ-02102-CV-0000456-2011 Case Filed: 11/28/2011 Disposition DisRosition Date Default Judgment for Plaintiff 020/2012 Default Judgment for Plaintiff 02/08/2012 Default Judgment for Plaintiff 02/0812012 Amount $0.00 $10,11618 $10,116.18 $10,116.18 Judgment Detail ('Post Judgment) In the matter of Drivekore Inc. vs. Manheim Township School District; Stoneridge Inc; Randolph Seitter on 2108/2012 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judament Component JoinVSeveral Liability Individual Liability Deposit Applied Amount Civil Judgment $9,975.18 $0.00 59,975.18 Filing Fees $141.00 $0.00 $141.00 Grand Total: $10,116.18 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE of JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. FEB A,- Date Magisterial District Judge Miller a true and correct copy Date Magisterial District Judge Miller MDJS 315 Page 1 of 2 Printed: 02/09/2012 2.16 36PM FRANCIS X. CLARK, Attornev at Law Direct Dial: 610/491-9204 February 21, 2012 DriveKore, Inc. 101 Wesley Drive Mechanicsburg, PA 17055 700 American Avenue, Suite 204 P.O. Box 62166 King of Prussia, PA 1 9406-2 1 66 610-491-9201 (Fax) 610-491-9205 (e-mail) fxc@fxclaW.COm RE: DriveKore, Inc. v. Manheim Township School District, Stoneridge, Inc. and Randolph Seitter, C.C.P., Lancaster Co., No. CI-12-02139 Magisterial District No. MJ-02102-CV-0000456-2011 Dear Sir or Madam: Enclosed for service on you is Defendants, Stoneridge, Inc. and Randolph Seitter's Notice of Appeal of the default judgment entered against them by Magisterial District Justice David P. Miller on the Complaint filed by DriveKore, Inc. Please note that the Notice of Appeal filed on February 17, 2012 includes a Rule to File a Complaint issued by the Prothonotary which requires you to file a Complaint in this appeal within twenty (20) days after the date of service. You should review these enclosures with your legal representative. All communications concerning this case are to be directed to Francis X. Clark, Esquire, attorney for Defendants, Stoneridge, Inc. and Randolph Seitter at the above address. S' cerely, Cynth a C. Ely, RP ' Paralegal cce: 1720.16(djappserv.sto) CC: Honorable David P. Miller (via certified mail, w/enc.) Robert M. Frankhouser, Jr., Esq., (w/enc.) Stoneridge, Inc., ATTN: Randolph Seitter (w/ enc.) ORIGINAL SENT BY CERTIFIED MAIL www.fxclaw.com COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Lancaster, PA i T' F ^! t A, 4!j? NOTICE OF APPEAL "C FROM I R-021 39 16MGISTERIAL DISTRICT JUDGE JUDGMENT 415 COMMON PLEAS No. OT1 ?; ,F( i?lCE EAL t NCA S tER. Pa Notice is given that the appellant has filed in the above Court of Common as an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPEUANT MAG. DIST. NO. NAME OF MDJ Randolph Seitter and Stoneridge, Inc. 102-1-02 Hon. David P. Miller ADDRESS OF APPEUANT CITY STATE ZIP CODE 835 Pennsylvania Boulevard Feasterville PA 19053 DATE OF JUDGMENT IN THE CASE OF (Plainii) (Defend-O* 2/8/12 DriveKore, Inc. _--,.'IGlanhe! Tlal?ggip School District, et al. k, , At o ney for Appellants, Q-< n' X: Ul' tonerid a c. an Rando h Seitter This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after riling the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon DriveKore, Inc. appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 2 9 )within twenty (20) days aft 1 of rule or suffer of judgment of non pros. _ l Sig *lure of appellant or attome or agent Attorney for Appel ants, 5toneridge, Inc. and Randolph Seitter RULE: To DriveKore, Inc. , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service 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. Date: 2 7 20 12- 1 _ ignature o rothonotery or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER T10//G nto?` Mag. Dist. No: MDJ-02-1-02 MDJ Name: Honorable David P. Miller Address: 2205 Oregon Pike Lancaster, PA 17601 Telephone: 717-569-8774 Randolph Seitter 835 Pennsylvania Blvd. Feasterville, PA 19053 Notice of Judgment/Transcript Civil Casa Drivekore Inc. V. Manheim Township School District, Stonendge Inc, Randolph Seitter Disposition Summary Docket N Plaintiff jZgfendalit MJ-02102-CV-0000456-2011 Drivekore Inc. Manheim Township School District MJ-02102-CV-0000456-2011 Drivekore Inc. Stonendge Inc MJ-02102-CV-0000456-2011 Drivekore Inc. Randolph Seitter Judgment Summary Participant Joint/ Several Liability Individual L iability Drivekore Inc. $0.00 $0.00 Manheim Township School Dist rict $10,116.18 $0.00 Randolph Seitter $10,116.18 $0.00 Stonendge Inc $10,116.18 $0.00 Docket No: MJ-02102-CV-0000456-2011 Case Filed: 11/28/2011 Disposition Disposition Date Default Judgment for Plaintiff 0210812012 Default Judgment for Plaintiff 02108/2012 Default Judgment for Plaintiff 0210812012 Amount $0.00 $10,116.18 $10,116.18 $10,116.18 Judgment Detail (*Post Judgment) In the matter of Drivekore Inc. vs. Manheim Township School District; Stoneridge Inc; Randolph Seitter on 2/08/2012 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Arnoun Civil Judgment $9,975.18 $0.00 59,975.18 Filing Fees $141.00 $0.00 $141.00 Grand Total: $10,115.18 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. f[B Date a Date Magisterial District Judge Miller Magisterial District Judge Miller t---.:?... py . MDJS 315 Page 1 of 2 Printed 02/09/2012 216 36PM COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript civil 49vUNTY OF LANCASTER Case Mag. Dist. No: MDJ-02-1-02 MDJ Name: Honorable David P. Miller Address: 2205 Oregon Pike Lancaster, PA 17601 Telephone: 717-569-8774 Stoneridge Inc 835 Pennsylvania Blvd Feasterville, PA 19053 Drivekore Inc. V. Manheim Township School District, Stoneridge Inc, Randolph Seitter Disposition Summary Docket No Plaintiff Defendant MJ-02102-CV-0000456-2011 Drivekore Inc. Manheim Township School District MJ-02102-CV-0000456-2011 Drivekore Inc. Stoneridge Inc MJ-02102-CV-0000456-2011 Drivekore Inc. Randolph Seitter Judgment Summary Participant Joint(Sever al Liability Individual L iability Drivekore Inc. $0.00 $0.00 Manheim Township School District $10,116.18 $0.00 Randolph Seitter $10,116.18 $0.00 Stoneridge Inc $10,116.18 $0.00 Docket No: MJ-02102-CV-0000456-2011 Case Filed: 11/2812011 Disposition Disposition Date Default Judgment for Plaintiff 02/08/2012 Default Judgment for Plaintiff 0210812012 Default Judgment for Plaintiff 02108/2012 Amount $0.00 $10,11618 $10,116.18 $10,116.18 Judgment Detail ('Post Judgment) In the matter of Drivekore Inc. vs. Manheim Township School District; Stoneridge Inc: Randolph Seitter on 2/08/2012 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $9,975.18 $0.00 59.975.18 Filing Fees $141.00 $0.00 $141.00 Grand Total: $10,116.18 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Zlj l Date Magisterial District Judge Miller certify that this is a rue an correct copy o he recd o the proceedings containing the judgment. Date Magisterial District Judge Miller MDJS 315 Page 1 of 2 Printed: 02/09/2012 2 16:36PM VA l,\ ?z 2. Arwe Number Domestic 00 0164 2854 (TFar?sler lien aervke label) i WMr M.M-r 540 PS Form 3811, February 2004 item 4 If HOSUMM uenv-y'? ¦ 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 mailpiel?, - -- &---* m -narb rw rrrita. 1. Article Addressed to'. vl" t 1`007 2680 .5 Ln ti CO Mffr-M-OMMM?W- No r u Domestic Return R Postage . n Postage $ y a C3 Certified Fee d1- D O Certified Fee postmark p 0 Return Receipt Fee a Return Receipt Fee Here C3 (Endorsement Required) C3 (Endorsement Required) C3 Restricted Delivery Fee O Restricted Delivery Fee (Endorsement Required) C3 (Endorsement Required) cc CO ,0 Total Postage & Fees -0 Total Postage & Fees $ A O ru RJ ent [%- v?-S??tt- C3 or bYrset.. 0 Apt. .S? or Po Boz NO?? ¦ Complete items am Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card e mailpfece, ¦ Attach this card to the bads the on the front If space P??- 1. Article Addressed to: \xN H YES, miter delivery address below: ?ceryfled Mai( 0 Express Mail .eWM Receipt for pAerchandL Insured [,Bail 0 C.O.D. -- r%-jk .. 9 /FuUaa Fee) C3 Yes ?0072680 ?0 Return Receipt -- \??? '??? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson i !LE0-E.11 'L ' Sheriff ; HF PRO1H ,')4" Jody S Smith 20 2 MAY -8 9:5 Chief Deputy Richard W Stewart " MiERLAND -L OUN i Y Solicitor PENNSYLVANIA DriveKore, Inc. Case Number vs. 2012-1666 Stoneridge, Inc. (et al.) SHERIFF'S RETURN OF SERVICE 04/10/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Stoneridge, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Complaint and Notice according to law. 04/10/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Randolph Seitter, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Complaint and Notice according to law. 04/18/2012 Lancaster County Return: And now, March 18, 2012 I, John J. Szymanski, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Randolph Seitter the defendant named in the within Complaint and Notice and that I am unable to find her in the County of Lancaster and therefore return same NOT FOUND. Request for service is located in Bucks County. 04/18/2012 Lancaster County Return: And now, March 18, 2012 I, John J. Szymanski, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Randolph Seitter the defendant named in the within Complaint and Notice and that I am unable to find her in the County of Lancaster and therefore return same NOT FOUND. Request for service is located in Bucks County. 04/19/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Stoneridge, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Bucks County, Pennsylvania to serve the within Complaint and Notice according to law. 04/19/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Randolph Seitter, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Bucks County, Pennsylvania to serve the within Complaint and Notice according to law. 04/27/2012 12:39 PM - Bucks County Return: And now April 27, 2012 at 1239 hours I, Edward J. Donnelly, Sheriff of Bucks County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Randolph Seitter by making known unto Trish Nichell, adult in charge at 835 Penna Boulevard, Feasterville, Pennsylvania 19053 its contents and at the same time handing to him personally the said true and correct copy of the same. 04/27/2012 12:39 PM - Bucks County Return: And now April 27, 2012 at 1239 hours I, Edward J. Donnelly, Sheriff of Bucks County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stoneridge, Inc. by making known unto Trish Nichell, adult in charge for Stoneridge, Inc. at 835 Penna Boulevard, Feasterville, Pennsylvania 19053 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.45 May 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF BUCKS COUNTY OC SHERIFF'S RETURN 1 of 1 Bucks County Case # 201230946 Invoice to be mailed to Filed 4 /9 /2012 in CUMBERLAND COUNTY Bucks Case # 201230946 Recd 4/23/2012 Special Instructions County Sheriffs Office Attn Action Civil Action COMPLAINT Plaintiff DRIVEKORE INC CHRISTINA A ISRAEL, ESQ Special Instructions -VS- Defendan RANDOLPH SEITTER TONERIDGE INC 835 PENNA BLVD FEASTERVILLE, PA 19053 ?o11oyz,2yY1 Address Served if Different Served under Ila. R.C.P. #402 (A) (i) Defendant personally served (A) (2) (i) Family Member (A) (2) (i) Adult in Charge of Residence (A) (2) (ii) Manager/Clerk at Deft's Lodging --- jg!C-(A) (2) (iii) Person in Charge of Business By Handling to TrrsA _ NjC.4p// 3 7 g-::5 By Posting Not Served 30 Days Ran Out Defendant Not Home Defendant Moved Address Vacant Defendant Unknown Deputy needs better address Checked Post Office No Forwarding Forwarding Address Notes #2 - By Deputy 0 Witness At ? "Z29 o'clock (-nN !3l on 71 t7 / Z The above document was a ed on the defendant as per information li ve . t o ty of Buc ' ommonwealth of Pennsylvania. So answers: eriff of Buc unty Affirmed and,SUbscribed before on this day 1,3011a - Prothontarv Affirmed and subscribed before me on this day Notary Public My Com. Exp. 04/23/2012 A03 lly DRIVEKORE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA, V. NO.2012-01666 ST NERIDGE, INC. AND CIVIL ACTION - LAW RAOLPH SEITTER :.1 e ? ? 4.,.4 ..c1 - Defendants PLAINTIFF'S ANSWER TO DEFENDANTS' PRELEMINARY OBJECTIONS I AND NOW, comes the Plaintiff, Drivekore, Inc., by and through its attorneys, Charles Rector, Esquire and Christina A. Israel, Esquire, who files the following Plaintiff's Answer to Defendants' Preliminary Objections: 1. Admitted. By way of further answer, referring to this separate Magisterial District Court case as the "Prior Pending Action" is a gross mischaracterization and misleading, and Plaintiff emphatically denies that there are any prior pending actions to the current action. 2. Admitted in part. Denied in part. It is admitted the Magisterial District Court action against Defendants Stoneridge, Inc., Randolph Seitter, and Manheim Township School District was transferred to a District Court in Lancaster County pursuant to the location of the School District Defendant, and is docket number CV-456-2011. It is denied this separate action is a prior pending action, and strict proof thereof is demanded and the same is denied. 3. Admitted in part. Denied in part. It is admitted default judgment was entered in the Magisterial District Court action CV-456-2011 in favor of Drivekore and against Defendants Stonerijdge, Inc., Randolph Seitter, and Manheim Township School District. It is denied this separate action is a prior pending action, and strict proof thereof is demanded and the same is denied.' 4. Admitted in part. Denied in part. It is admitted the Defendants filed an appeal of the Magisterial District Court action CV-456-2011. It is denied that this separate action is a prior pending action, and strict proof thereof is demanded and the same is denied. 5. Admitte}d in part. Denied in part. It is admitted that a Rule was issued. It is denied that the Magisterial District Court action is a prior pending action, and strict proof thereof is demanded and the same is denied. 6. Admitted in Part. Denied in Part. It is admitted that Drivekore did not file a Common Pleas Complaint in Lancaster County. It is denied that the Magisterial District Court action CV- 456-2011 action is still pending or that the Magisterial District Court action is a prior pending action, and strict proof thereof is demanded and the same is denied. 7. Denied.:: It is specifically denied that there are any prior pending actions to the present case, and that the Magisterial District Court action docketed at CV-456-2011 involves identical parties or issues, and strict proof thereof is demanded and the same is denied. By way of further answer, The Manheim Township School District is not a Defendant in the current Common Pleas action, and all the issues associated with the Manheim School District are therefore not at issue. Because there are no political subdivisions named as a Defendant, the current case between Plaintiff and Defendants has been properly brought in Cumberland County where the contract was formed. 8. Denied.' It is denied that this Court must grant Defendants' Preliminary Objections based on a prior action test, and strict proof thereof is demanded and the same is denied. To the extent an answer is required, Pa.R.C.P. 1007 states that "[a]n action may be commenced by filing with they prothonotary." There are no other actions in the Pennsylvania Court of Common Pleas or Federal Court involving the Plaintiff and the Defendants named in the current action. 2 A separate Magisterial District Court case cannot constitute a prior pending action. Therefore, the current action, properly filed with the Cumberland County Prothonotary, is the only pending action between the Plaintiff and Defendants. 9. Defendants' assertion is a legal conclusion to which no answer is required. By way of further answer, the current action has no prior pending actions, and the case cited herein by Defendants does not involve a Magisterial District Court case and a separate Common Pleas action with different defendants. 10. Denied.' It is specifically denied that Lancaster County is the proper venue for the pending case, and strict proof thereof is demanded and the same is denied. By way of further answer, Cumberland County has jurisdiction because the contract between the Plaintiff and Defendants was executed in Cumberland County. Additionally, the case cited herein by Defendants does not involve a Magisterial District Court case and a separate Common Pleas action with different defendants. 11. Defendants' assertion is a legal conclusion to which no answer is required. By way of further answer, the case at bar, with different defendants and issues, has no prior pending actions in either state or federal court, and is therefore not being transferred to or from any other county. The case cited herein by Defendants does not involve a Magisterial District Court case and a separate Common Pleas action with different defendants. 12. Defendants' assertion is a legal conclusion to which no answer is required. By way of further answer, the case at bar is a new action with different defendants and there are no prior pending actions. The case cited herein by Defendants does not involve a Magisterial District Court case and a separate Common Pleas action with different defendants. WHEREFORE, Plaintiff respectfully requests this Honorable Court deny Defendants' Preliminary Objections and require Defendants to file an Answer. 13. No answer required. 14. Defendants' assertion is a legal conclusion to which no answer is required. 15. Defendants' assertion is a legal conclusion to which no answer is required. 16. Defendants' assertion is a legal conclusion to which no answer is required. By way of further answer, the contract between Plaintiff and Defendants, attached to the Complaint as Exhibit !"A," was formed in Cumberland County at Plaintiff's place of business. 17. Admitted in part. Denied in part. It is admitted that the Project was located in Lancaster County. It is specifically denied that the cause of action out of which this cause of action arose only in Lancaster County, and strict proof thereof is demanded and the same is denied. By way of further answer, the contract was formed in Cumberland County. See Exhibit "A" to Plaintiff's Complaint. 18. Admitted in part. Denied in part. It is admitted Plaintiff is seeking payment from Defendants for work performed in Lancaster County. It is specifically denied the breach of contract, which includes the purchase orders, arose only in Lancaster County, and strict proof thereof is demanded and the same is denied. By way of further answer, the contract between Plaintiff and Defendants is based on the written Credit Application, executed by the Defendants in Cumberland County, along with the Invoices for services, oral requests for serviced, Defendants' retention of services, and receipt of the Invoices without rejection. . 19. Defendants' assertion is a legal conclusion to which no answer is required. By way of further answer, the transaction, and not merely some part of the transaction, must have taken 4 place in the county where venue is laid. See Craig v. W.J. Thiele & Sons, Inc., 395 Pa. 129, 149 A.2d 35, 37 (Pa. 1959); see also Harris v. Brill, 844 A.2d 567, 571 (Pa. Super. 2004). For venue purposes, the phrase "transaction or occurrence" does not include the performance of any act in formation of the contract, but is the ultimate formation of the contract itself. See Pennsylvania Higher Education Assistance Agency v. Devore, 267 Pa. Super. 74, 406 A.2d 343, 344 (Pa. Super. 1979). Discussions and work performed at the work site in Lancaster County constitute aspects of the formation of the contract, however, the final written contract itself was formed in Cumberland County. See Exhibit "A" to Plaintiff's Complaint. 20. Denied., It is specifically denied that Defendants characterization of the contract between Plaintiff and Defendants has any basis in law or fact, and strict proof thereof is demanded and the same is denied. By way of further answer, the written contract was formed in Cumberland County. See Exhibit "A" to Plaintiff's Complaint. 21. Denied.' It is specifically denied that Lancaster County is the only county with proper venue, or that there is an action already pending in Lancaster County, and strict proof thereof is demanded and the same is denied. By way of further answer, the contract was formed in Cumberland County. See Plaintiff's Exhibit "A." Defendants chose to contract with the Plaintiff, and chose to execute and sign an Application for Credit in Cumberland County. 22. Admitted. By way of further answer, although venue is proper in Cumberland County, if the Court decides the case should be in Lancaster County, then the Court must transfer the record to Lancaster County rather than dismiss the case. 42 Pa.C.S. § 5103(a) provides: If an appeal or other matter is taken to or brought in a court or magisterial district of this Commonwealth which does not have jurisdiction of the appeal or other matter, the court or magisterial district judge shall not quash such appeal or dismiss the matter, but shall transfer the record thereof to the proper tribunal of this Commonwealth, where the appeal or other matter shall be treated 5 as if originally filed in the transferee tribunal on the date when the appeal or other matter was first filed in a court or magisterial district of this Commonwealth. 23. Denied.' It is specifically denied that Cumberland County is not the proper venue for this case, and strict proof thereof is demanded and the same is denied. By way of further answer, venue is proper in Cumberland County because the contract was formed in Cumberland County.' "Plaintiffs choice of forum is entitled to weighty consideration and should not be disturbed lightly." Zappala v. Brandolini Prop. Mgmt., 589 Pa. 516, 532, 909 A.2d 1272, 1281 (2006). WHEREFORE, the Plaintiff respectfully requests your Honorable Court overrule Defendant's Preliminary Objections and direct Defendant file an Answer. Date: Chares Rector, Esquire Date: (Fax) 717-761-2161 lawoffice@charlesrector.com 6 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 717-761-8101 VERIFICATION I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Kevin Craig DriveKore, Inc. Date: J a ,5- l 7 DRIVEKORE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-01666 STQNERIDGE, INC. AND CIVIL ACTION -LAW RANDOLPH SEITTER Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing Plaintiff's Answer to Defendant's Preliminary Objections were served by first class mail on the other party as follows: Francis X. Clark, Esquire 700 American Avenue, Suite 204 P.O. Box 62166 King of Prussia, PA 19406-2166 Su Date: Z sod A. Israel,, Esgdi% L Offices of Charles Rector, 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 717-761-8101 (Fax) 717-761-2161 lawoffice@charlesrector.com 8 DRIVEKORE, INC., Plaintiff V. STONERIDGE, INC. AND RANDOLPH SEITTER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV NO. 2012-01666 CIVIL ACTION -LAW PRAECIPE TO WITRDRAWAPPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Drivekore, as co-counsel in above-captioned matter. Date: < < Z Cl c r+ a M ? r - ? A C O M PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Plaintiff, Drivekore, as co-counsel in the above-captioned matter. Claire L. Gargiulo, Es re (# 311108) Law Offices of Charl Rector, Esquire, P.C. 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 t -r; Date: 1-? - o 19 (?? PRAECIPE FOR LISTING CAS FOR ARGUMENT L'-b-0 it ital. (Must be typewritten and submitted in triplicate) i? i'r O HQ)NOTAR!' TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within mattno jWr& m 1: 29 Argument Court.) ----- ----------- ----------------------- ------------------------------------------- ----------- -------------BERLAND COUNTY CAPTION OF CASE p'ENNSYL ANIA (entire caption must be stated in full) DriveKore, Inc. vs. Stoneridge, Inc. & Randolph Seitter 2012-0166 b No. ----------- -------- Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): PldntHNS Preliminary Objeclims 2. Identify all counsel who will argue cases: (a) for plaintiffs: Claire L. Gargiulo, Esquire ----- -------- -------- ---- ------------------------ -------- (Name and Address) 1104 Fernwood Avenue, Ste. 203, Camp Hill, PA 17011 - ----------------------------- -------- (b) Frances for defendants: X. Clark, Esquire (Name and Address) 700 American Avenue, Ste. 204, King of Prussia, PA 19406 ----- - - - - - - - - - - -- 3. 1 will notify all parties in writing within two days that this case has been listed for argument. ---------- ------------- ---------------- 4. Argument Court Date: September 7, 201 --- -- - -------- - Signature l ` Print your name Attorney for Date: ---- ?-4- -------------- INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. S .7 Jp? lv? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DRIVEKORE, INC. Plaintiff VS : NO. 2012-01666 STONERIDGE, INC., and RANDOLPH SEITTER Defendant RULE 1312-1 following form: CIVIL TERM The Petition for Appointment of Arbitrators shall be substantially in THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Z CD Claire L. Gargiulo, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $10,967.76 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Claire L. Gargiulo, Esquire, Charles Rector, Esquire, John, M. Ogden, Esquire, Francis X. Clark, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp - ctfully submitted, ORDER OF COURT alosas.sbPAIh\ Cic,0b-)s8 044, 3c�co`t 3 I AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DRIVEKORE, INC. • • Plaintiff : NO. 2012-01666 CIVIL TERM VS STONERIDGE, INC., and RANDOLPH SEITTER ; r- Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in trne, mY_ following form: r a, -. THEE PETITION FOR APPOINTMENT OF ARBITRATORS c TO THE HONORABLE,THE JUDGES OF SAID COURT: Claire L. Gargiulo, Esquire , counsel for the plaintiff/defendant in the above action(or actions),respectfully represents that: 1. The above-captioned action(or actions)is(are)at issue. 2. The claim of plaintiff in the action is$ 10,967.76 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Claire L.Gargiulo,Esquire,Charles Rector, Esquire,John, M.Ogden, Esquire, Francis X.Clark, Esquire t .-2 WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Resp-ctfully submitted, a. S d g. sop *� C �0b-)s8 ORDER OF COURT AND NOW, /n JC , 20/Y , in consideration the foregoing petition, OA/. fi —c Esq.,and �1� lT /074,„d„....-47 Esq.,and OA • . If�d,4 4, Esq.,are appointId arbitrators iabove captioned action(or ac-ons)as prayed for. By the Court, 4/4. KEVIN A.HE ,P.J. cD .,t>-- C ) cn >- cz a . w --j D Plaintiff • Ce,40- Defendant S In The 'Court of Common Pleas of Cumberland County, Pennsylvania No. lob- - Civil Action – Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States .. d the Constitution of this Commonwealth and that we will discharge the duties of our office with f d; lity. igature Name (Chairman) /ben 0 Law Firm Address GkrieF, ®MLAO Ss IU t Name S°JZ ✓\a,N (4{,111\4v, Pc: Law Firm 3 ' 41.&„4,,,.L. „4,,,.L. S'r t', --- V. 111 bM 51-- Address s 1 -Address Address G}vG�l ,o /?( C r tis (c FA ('7 o t S- -A2v►5A 1`7,7 !3 City, Zip City, ) Zip City, Zip 144 ll /14,421-3,4Y-0 Name Law Firm Award O Sys ius We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the C V- following award: (Note: If damages for delay are awarded, they shall be separately stated.) /,ry �,^ we /MI d N `-ce-vw o % /,.v c� ���s ale,oLl" `� /4-e/ Vi b('r{ Ate �1 - 7 S �-i., �y�rr%''©fad We /Vj 4.c f1/( be, /z0 -k," i ti 1-€Gb �' e a / e W° - %p /4- . Arbi ator, dins lits. (Insert name if applicable.) &LP rile 444 t4-� S�, rlev ©w/ Date of Hearing: Y Date of Award: 7 Cha' an 1. Notice of Entry of Award Now, the c'1-7 day of , 20 /9" , at .J.`/ 9l , P .M., the above award was entered upon the docket and notice ere given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ �%G'•S7) DCb.iL Prothonotary Deputy FILED -OFFICE OF THE PROTHONO TAU 20111 JUL 24 CUMBERLAND COUNTY PENNSYLVANIA rret net? /e. ark, el, eta;,..e L- /Jo , 62p; es sw,/a/ '2104//,(- F-6 2 P J' PEN dS YL 1I Hi,� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DRIVEKORE,INC., • • Plaintiff • • v. : NO.2012-01666 STONER1 3GE,INC. • AND RANDOLPH SEITTER : CIVIL ACTION-LAW Defendants • SATISFACTION TO THE PROTHONOTARY OF SAID COURT: You are hereby notified to mark the above-captioned matter as SETTLED and SATISFIED. BY: L lu Claire L. Gargiulo, squire Law Offices of Ch les Rector, Esquire,P.C. 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-0454 ( Attorney for Plaintiff Date: q-Lb- c2D/`-t