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HomeMy WebLinkAbout12-5493 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY A. RICHWINE t/d/b/a, THE MULCH LADY NO. ' ~ ~Y ! 3 c:~/ Plaintiff v. CIVIL ACTION -LAW ~ - QUALITY LAWN WORK, INC., ~ Defendant JURY TRIAL DEMAN>~i r i ~ ~ rr: r ~T' x" z o v -r' xo ~ w om NOTICE ~ s~ crt 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 Pleading 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 Pleading 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 AGENCIE'S THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 243-3166 .~~03. 7SPd~7 S ~ ~~3 ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY A. RICHWINE t/d/b/a, THE MULCH LADY NO. Plaintiff v. CIVIL ACTION -LAW QUALITY LAWN WORK, INC., . Defendant JURY TRIAL DEMANDED AVISO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presenter en let Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el Demandante. LISTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASiSTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 243-3166 5. Pursuant to the Sales Agreement, Defendant agreed to pay to Plaintiff a total price of $17,500 in installments for the purchase of Plaintiffs business, including Plaintiff's 1995 Dodge Truck. See Exhibit A. 6. Further, the Sales Agreement provided that Defendant pay to Plaintiff $500.00 per week "in her employment with" Defendant, and this compensation was to be reviewed every six months. See Exhibit A. 7. Defendant further agreed to provide health and dental insurance to Plaintiff. See Exhibit A. 8. In addition, Defendant agreed to pay to Plaintiff 10% of the net profits from all the retail business of Defendant. See Exhibit A. 9. Included as Assets sold by Plaintiff to Defendant were Plaintiff's business telephone number and customer list. 10. Despite the terms of the Sales Agreement, Defendant has marketed under the name of the Mulch Lady. 11. By written agreement (hereinafter "April Agreement") dated April 5, 2011, Defendant agreed to pay to Plaintiff $5,000 in July 2011 and $5,000 in July 2012. A copy of the April Agreement is attached hereto and incorporated herein by reference as "Exhibit B." 12. To date, Defendant has paid to Plaintiff a total of $7,000 in furtherance of both agreements described above. 13. The balance owed from Defendant to Plaintiff, pursuant to the Sales Agreement and the April Agreement, is $18,000. 14. Defendant further, "laid off' Plaintiff on or about December 2, 2011, and refused to pay her $500 per week for a total of Fourteen (14) weeks. 15. Defendant further refused to pay to Plaintiff 10% of the net profits from all the retail business, pursuant to the Sales Agreement. 16. As of the date of this Complaint, the Defendant has failed to pay Plaintiff in accordance with the Agreements enacted between the two parties. COUNT I -BREACH OF CONTRACT (SALES AGREEMENT) 17. Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 18. Pursuant to the Sales Agreement between Plaintiff and Defendant, Defendants agreed to pay Plaintiff certain sums as specified in Exhibit A. 19. Defendant has failed to make payments to Plaintiff pursuant to the terms as specified in the Sales Agreement. 20. As a result of Defendants' failure to pay, the Plaintiff has suffered damages as stated more fully above. WHEREFORE, because of the Defendants' breach of contract, the Plaintiff demands judgment against the Defendant in an amount in excess of $8,000.00, together with costs and interest, and such other relief as this Honorable Court may deem appropriate under law, said amount being necessary to place Plaintiff in the position she would have been in had Defendant performed the contract as per the parties' agreement. COUNT II -BREACH OF CONTRACT (APRIL AGREEMENT) 21. Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 22. Pursuant to the April Agreement between Plaintiff and Defendant, Defendants agreed to pay Plaintiff certain sums as specified in Exhibit B. 23. Defendant has failed to make payments to Plaintiff pursuant to the terms as specified in the April Agreement. 24. As a result of Defendants' failure to pay, the Plaintiff has suffered damages as stated more fully above. WHEREFORE, because of the Defendants' breach of contract, the Plaintiff demands judgment against the Defendant in an amount in excess of $8,000.00, together with costs and interest, and such other relief as this Honorable Court may deem appropriate under law, said amount being necessary to place Plaintiff in the position she would have been in had Defendant performed the contract as per the parties' agreement. COUNT III -UNJUST ENRICHMENT (SALES AGREEMENT) 25. Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 26. Plaintiff conferred benefits on Defendant. 27. The benefits conferred were non-gratuitous. 28. There was appreciation of those benefits by Defendant. 29. Acceptance and retention of these benefits by Defendant, under the circumstances, is inequitable without payment of value. WHEREFORE, Plaintiff demands judgment against Defendants for damages in an amount in excess of $8,000.00 with costs, and such other expenses to be paid by Defendant as the Court deems appropriate. Respectfully submitted, Date: ~ r gy; drew .Shaw, Es ire Pa. Supreme Ct. LD. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff SALE OF BUSINESS AND EMPLOYMENT AGREEMENT This Agreement is made on 17th of February, 2011, between Courtney A. Richwine, Seller, doing business as The Mulch Lady and Joel Ramp, President of Quality Lawn Work, Inc of 330 Cranes Gap Road, Carlisle, PA 17013. The Seller now owns and conducts a mulch business, under the name of The Mulch Lady, at 129 Garrison Lane, Carlisle, PA 17013, City of Carlisle, State of Pennsylvania. For valuable consideration, the Seller agrees to sell and the Buyer agrees to buy certain assets of this business for the following price and on the following terms: 1. The Seller will sell to the Buyer the business and Seller's Dodge truck free from all liabilities, claims, and indebtedness. Buyer is not purchasing the name "The Mulch Lady", the fictitious name will remain the possession of Seller. 2. The Buyer agrees to pay the Seller the sum of $15,000.00 (Fifteen Thousand) Dollars) plus profit sharing in the amount of 10% of the net profit from the Buyer's entire retail business and employment as described below, which the Seller agrees to accept as full payment for the business and $2,500.00 (Two Thousand Five Hundred) for Seller's truck. Title to the truck will be transfer to Quality Lawn Works but will be used by Seller in her employment with Buyer. 3. The. purchase price will be paid as follows: $5,000.00 upon the execution of this Agreement $2,500.00 for the 1995 Dodge Truck on or before March 31 20x11 $5,000.00 on or before January 31S`, 201E ~ $5,000.00 on or before January 31st, 201it3 TOTAL Price $17,500.00 4. Seller shall clear Five Hundred ($500.00) a week in her employment with Buyer. The amount of Seller's employment compensation shall be reviewed every six months. Buyer shall also provide health and dental insurance for the Seller. The health and dental insurance premiums shall by paid by the Buyer. Additionally Seller shall receive the above referred 10% of the net profits from all the retail business of Buyer. The percentage of the net profits will be reviewed annually. The employment term will be for a minimum of five years then renegotiated at the end of that period. 5. The Seller represents and warrants that it is in full compliance with and is not in violation of any laws or regulations affecting the Seller's business. 6. Seller represents°that she has good and marketable title to the 1995 Dodge truck. 7. Seller agrees not to enter into any unusual contract or other agreement affecting Quality Lawn Work, Inc.. 8. The Buyer represents that it is financially capable of completing the purchase of these business and fully understands its obligations under this Agreement. EXHIBIT , 9. No modification of this Agreement will be effective unless it is in writing and is signed by both the Buyer and Seller. This Agreement binds and benefits both the Buyer and Seller and any successors. Time is of the essence of this agreement. This document, including any attachments, is the entire agreement between the Buyer and Seiler. This Agreement is governed by the laws of the State of Pennsylvania. Dated: February 17, 2011 y ~ i~/~~/ r Signature of Seller: Courtney A. Richwine DBA The Mulch Lady Signa ure of Buy oel Ramp: Pre ent ~ ! 5l l ~ Quality Lawn orks, Inc. I Joel Ramp will give Courtney Richwine the amount of $5,000.00 July 2011 and amount of $5,000.00 July 2012. Date: Y / Joel Ramp ` Date: t~ Courtney 'chwine EXHIBIT VERIFICATION I, Courtney A. Richwine, verify that the statements made in the attached Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: ~l / Courtney A. Richwine COURTNEY A. RICHWINE t/d/b/a IN THE COURT OF COMMON PLEAS THE MULCH LADY.. OF CUMBERLAND COUNT' Plaintiff CIVIL ACTION -- LAW `~ ^~_ ~~ v. ~ ~ '~ ~ NO. 12-5493 CIVIL ~~'~'., ~ ~ c-~ - -~ --'~- Y+ r~s~-..: QUALITY" LAWN WORK, INC., <.n ~ ma'r' --- t,a ~ rr" ' Defendant. JURY TRIAL DEMANDED ~ ~' ~ ~ ~', _ sa. ~: ~ ~ ..~ ~ ; r..,~ IMPOR TANT NOTICE '~J = - YC)U ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ANSWER THE DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM IN THIS CASE. UNLESS YOU ACT WITHIN TE:N DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY AND OCHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 'THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 Dated: ~.c~-~;--t.,.h, ~3 i ~ ~?cl d Z By: ~j,-~_,~`~l~ j. ' `~`.^.~, ~1 SALZMANN HUGHES, P.C. George F. Douglas, III, Esquire Supreme Court LD. #61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333 Attorney for Defendant CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Notice was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class mail, postage prepaid, addressed as follows: Courtney A. Richwine t/d/b/a The Mulch Lady c/o .Andrew H. Shaw, Esquire 200 South Spring Garden St., Suite 11 Carlisle, PA 17013 Andrew H. Shaw, Esquire 200 South Spring Garden Street Carlisle, PA 17013 Respectfully Submitted, SALZMANN HUGHES, P.C. Date: ~~__~`_.~~:;-c.n, "3f 2~ d"'L ,~,- eorge .Douglas, III, quire Attorney ID: 61886 354 .Alexander Spring Road, Suite Carlisle, PA 17015 (717)249-6333 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY A. RICHWINE t/d/b/a, THE MULCH LADY Plaintiff v. QUALITY LAWN WORKS, INC., Defendant NO. 2012-5493 c ~' ~ -' . zm ~ ~ ~ ~, r ~ . = te'.,. c~ .c ~_ ..,., r-- r CIVIL ACTION - LAWc~ ~ --+ra ~~ . z~ ~ ~ o~ _ JURY TRIAL DEMAID rv ,~= ~ r PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NOW, this ~ day of November, 2012, comes the Plaintiff, Courtney A. Richwine t/d/b/a The Mulch Lady (hereinafter referred to as "Plaintiff', by and through her attorney, Andrew H. Shaw, Esquire, and files the instant Answer and in support thereof avers as follows: 30. No response required. 31. Denied as stated. Said Agreement speaks for itself. 32. Denied as stated. Said Agreement speaks for itself. 33. Denied as stated. Said Agreement speaks for itself. 34. Denied as stated. Said Agreement speaks for itself. 35. Denied. Plaintiff denies that she refused to transfer title of the truck to the Defendant. It is further denied that Plaintiff breached the Sales Agreement. Strict proof thereof is demanded at trial. 36. Paragraph 36 of Defendant's New Matter is a legal conclusion to which no response is required. 37. Paragraph 37 of Defendant's New Matter is a legal conclusion to which no response is required. 38. Denied as stated. Said Agreement speaks for itself. 39. Paragraph 39 of Defendant's New Matter is a legal conclusion to which no response is required. 40. Admitted. 41. Denied as stated. Said Agreement speaks for itself. 42. Denied. It is specifically denied that Plaintiff refused to work her standard hours or to perform the job tasks requested of her. Strict proof thereof is demanded at trial. 43. Denied. It is specifically denied that Plaintiff approached Defendant and requested that he lay her off during the winter months in order to collect unemployment. As a matter of further response, it was Defendant who approached Plaintiff and informed her that he was going to lay her off. 44. Admitted in part and denied in part. It is admitted only that Defendant laid off Plaintiff. It is denied that Defendant complied with Plaintiff's request that Defendant lay off Plaintiff. 45. Admitted. By way of further response, during the time period Plaintiff was laid off, Defendant reaffirmed permission for Plaintiff to use the gas card. 46. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant in Paragraph 46 of its New Matter. 47. Paragraph 47 of Defendant's New Matter is a legal conclusion to which no response is required. 48. Admitted in part and denied in part. It is admitted that Defendant provided information requested by offices with unemployment compensation. Plaintiff denies any inference that said providing of information was in cooperation of Plaintiff's request for unemployment compensation. 49. Paragraph 49 of Defendant's New Matter is a legal conclusion to which no response is required. 50. Denied as stated. Exhibit B speaks for itself. 51. Paragraph 51 of Defendant's New Matter is a legal conclusion to which no response is required. 52. Paragraph 52 of Defendant's New Matter is a legal conclusion to which no response is required. 52. Denied as stated. Said April Agreement speaks for itself. 53. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant in Paragraph 53 of its New Matter. 54. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant in Paragraph 54 of its New Matter. 55. Denied. Plaintiff denies that said April Agreement does not contain Defendant's signature. Specific proof thereof is demanded at trial. 56. Paragraph 56 of Defendant's New Matter is a legal conclusion to which no response is required. 57. Paragraph 57 of Defendant's New Matter is a legal conclusion to which no response is required. 58. Paragraph 58 of Defendant's New Matter is a legal conclusion to which no response is required. 59. Paragraph 59 of Defendant's New Matter is a legal conclusion to which no response is required. 60. Paragraph 60 of Defendant's New Matter is a legal conclusion to which no response is required. 61. Paragraph 61 of Defendant's New Matter is a legal conclusion to which no response is required. 62. Paragraph 62 of Defendant's New Matter is a legal conclusion to which no response is required. 63. Paragraph 63 of Defendant's New Matter is a legal conclusion to which no response is required. 64. Paragraph 64 of Defendant's New Matter is a legal conclusion to which no response is required. 65. Paragraph 65 of Defendant's New Matter is a legal conclusion to which no response is required. ANSWER TO COUNTERCLAIM 66. No response required. COUNT I -INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONS 67. No response required. 68. Admitted in part and denied in part. It is admitted only that Plaintiff provided her client list to Defendant. It is specifically denied that Plaintiff merged her client list with Defendant's client list on her own accord. 69. Denied as stated. The terms of the Sales Agreement speak for themselves. 70. Paragraph 70 of Defendant's New Matter is a legal conclusion to which no response is required. 71. Denied. It is specifically denied that Plaintiff contacted Defendant's clients to inform them that Plaintiff had left Defendant and that they should retain her services. Strict proof thereof is demanded at trial. 72. Denied. It is specifically denied that Plaintiff intentionally contacted Defendant's clients. As to the remainder of this Paragraph, after reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendant in Paragraph 72 of its New Matter 73. Paragraph 73 of Defendant's New Matter is a legal conclusion to which no response is required. WHEREFORE, Plaintiff requests this court dismiss Count I of Defendant's Counterclaim. COUNT II -BREACH OF CONTRACT 74. No response required. 75. Denied as stated. Said Agreement speaks for itself. 76. Denied. It is specifically denied that Plaintiff refused to title the 1995 Dodge Truck to Defendant. Specific proof thereof is demanded at trial. 77. Paragraph 77 of Defendant's New Matter is a legal conclusion to which no response is required. 78. Admitted in part and denied in part. It is admitted only that Defendant provided a gas card to Plaintiff. It is denied that the card was to be used for business purposes only. 79. Admitted in part and denied in part. It is admitted only that Plaintiff was laid off beginning in early December 2011 through March 2012. Defendant specifically denies that she requested to be laid off. 80. Admitted. By way of further response, during the time period Plaintiff was laid off, Defendant reaffirmed permission for Plaintiff to use the gas card. 81. Paragraph 81 of Defendant's New Matter is a legal conclusion to which no response is required. WHEREFORE, Plaintiff requests this court dismiss Count II of Defendant's Counterclaim. COUNT III -UNJUST ENRICHMENT 82. No response required. 83. No response required. 84. Admitted. 85. Admitted in part and denied in part. It is admitted only that Defendant provided a gas card to Plaintiff. It is denied that the card was to be used for business purposes only. 86. Admitted in part and denied in part. It is admitted that during the period that she was laid off, Plaintiff used the gas card for business purposes. It is denied that Plaintiff was laid off as she requested. 87. Paragraph 87 of Defendant's New Matter is a legal conclusion to which no response is required. 88. Paragraph 88 of Defendant's New Matter is a legal conclusion to which no response is required. 89. Paragraph 89 of Defendant's New Matter is a legal conclusion to which no response is required. 90. Paragraph 90 of Defendant's New Matter is a legal conclusion to which no response is required. WHEREFORE, Plaintiff requests this court dismiss Count III of Defendant's Counterclaim. NEW MATTER 91. Paragraphs 1 through 90 are incorporated herein by reference as though set forth in full. 92. Defendant's Counterclaim fails to state any cause of action upon which relief may be granted. 93. Defendant's claims are barred by the doctrine of unclean hands. 94. To the extent that Defendant has suffered any damage, said damage was caused by Defendant, and not by the action or inaction of Plaintiff. 95. Defendant's claims are barred because it has failed to mitigate any damages it may have suffered. 96. Defendant's claims are barred by the doctrine of estoppel. 97. Defendant's claims are barred by the doctrine of laches. 98. Defendant's claims are barred by the defense of accord and satisfaction. 99. Defendant's claims are barred by the statute of fraud. 100. Defendant's claims are barred by the doctrine of consent. 101. Defendant's claims are barred by the doctrine of duress. 102. Defendant's claims are barred by the doctrine of release. 103. Defendant's claims are barred by the doctrine of waiver. 104. Defendant's claims are barred by the doctrine of res judicata. 105. Defendant's claims are barred by the doctrine of collateral estoppel. Date: jl ~ ~'~-~ ~~ By: Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff Respectfully submitted, VERIFICATION I, Courtney A. Richwine, verify that the statements made in the attached Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. t Date: / ourtney .Richwine CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Plaintiff s Answer to Defendant's New Matter and Counterclaim, was served this date on the below named, by placing same in the United States mail, first- class, postage prepaid thereon, addressed as follows: George E. Douglas, Esquire Salzmann Hughes, P.C. 354 Alexander Springs Road, Suite 1 Carlisle, PA 17015 Attorney for Defendant Date: ~~-~ ~ ~~ AnQfew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY A. RICHWINE t/d/b/a, THE MULCH LADY : NO. 2012-5493 Plaintiff • v. : CIVIL ACTION — LAW • QUALITY LAWN WORKS, INC., Defendant JURY TRIAL DEMANDED -tiico Fri PETITION FOR APPOINTMENT OF ARBITRATORS (i)r- -<> r-- <c) C.: TO THE HONORABLE, THE JUDGES OF SAID COURT: Andrew H. Shaw, counsel for the Plaintiff in the above action, respectfully represen s 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is: a minimum of $11,000.00 plus costs and interest; The claim of defendants in the action is: in excess of $12,000. The following attorneys are interested in the case as arbitrators: Andrew H. Shaw George F. Douglas, III and Jason E. Kelso CD TO /0,4 u-44-1 /2-1tvoiL as counsel or are otherwise disqualified to sit 3301-- WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: 5 /It AND NOW, this day of foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. Respectfully Submitted, By: Andrew H. Shaw, Esquire ORDER OF COURT , 2014, in consideration of the By the Court, Kevin A. Hess, P.J. ;■■■;."., CERTIFICATE OF SERVICE 1, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition for Appointment of Arbitrators, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Date: .K George E. Douglas, Esquire Salzmann Hughes, P.C. 354 Alexander Springs Road, Suite 1 Carlisle, PA 17015 Attorney for Defendant drew H. S , squire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff • q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY A. RICHWINE t/d/b/a, THE MULCH LADY NO. 2012-5493 Plaintiff v. CIVIL ACTION—LAW QUALITY LAWN WORKS, INC., Defendant JURY TRIAL DEMANDEDu - rn - PETITION FOR APPOINTMENT OF ARBITRATORS : TO THE HONORABLE, THE JUDGES OF SAID COURT: r } - Iso Andrew H. Shaw, counsel for the Plaintiff in the above action, respectfully represents fliat: 1. The above-captioned action is at issue. q,OS. -O / 2. The claim of plaintiff in the action is: a minimum of$11,000.00 plus costs and ai interest; The claim of defendants in the action is: in excess of$12,000. 2 The following attorneys are interested in the case as counsel or are otherwise disqualified to sit -943 as arbitrators: Andrew H. Shaw George F. Douglas, III and Jason E. Kelso WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, Date: S /�f (S By: �•,tiv�-- -1r / Andrew H. Shaw, Esquire ORDER OF COURT AND NOW, this/7day of , 2014, in consideration of the fore:oing petition, `C,L" / _44_ i Es•., and .•_. .11__ • • _! ....i sq., and A ; . ' ice � /�� �i/ Esq., are appointed a 'itrato s in the above captioned action as prayed for. ( i reiJ 51%44h) By the Court, 4 -ft - Geo-efe- bevAs • 4 At. - c j �P.eS ift4•'1 ' 3//9//q Kevi . Hess, P.J. ca W C.c.)u rlsv%c.-7 A • (.1.,)itte_ +10114 frkcLo4.k( Plaintiff 61.JatA LO Lc) G Defendant In The Court. of Common Pleas of Cumberland County, Pennsylvania No. - tt 93 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 with fidelity. • Qr71 Ro6er-f-- 1-10,1,c, kv- Narne Law Firm ht-ru Address `c7 • Name 50CA-ber.4 Law Firm rvi Address k ir?01( Zip City, Zip Name 6 t- Assoc: c4t23/ PC Law Firm 0)6) /441, Pandu Decer Address -II City, (A •1760 Zip Award We, the. undersigned arbitrators., having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ci, r of 'Of P14:-A-1-..ce-( or\ Le -i Co Ny la;wt )\r, Ike a Az (.14:i- 0 P cr/R; 0 00,cQ. CAle '1'f% '76.. %tar OC11 OA 1N; s eel evt es C,fon.: evk ,\A en(1) 6OR.A-7 Cierce,da,:_t ma -7 (E( kts ci ctA,J S 1 S <401 II\ r‘ (al C of' Pb-frr • ••--(Insert-name-ifapplicable-.)---- --- • - Date of Hearing: 41 .)-1/ Date of Award: Notice of Entry of Award Now, the —2D.. day of Mai . 20 /4/ . at /0-'57 ,4 M., the above award was entered upon the docket and notice thereiagiven by mail to the parties or their attorneys. Arbitratorscompensation to be paid upon appeal: S 11/6 Prothonotary By: Deputy ,LED-OFFICL T E PROTHONOTA 2014t1A Y 22 1111 10: 57 CUMBERLAND COUNTY PENNSYLVANIA aeo iye 6 -6011cts(qaoe per6opica Alideo clu7-‘43, 1/4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA COURTNEY A.RICHWINE t/d/b/a, THE MULCH LADY NO. 2012-5493 Plaintiff v. CIVIL ACTION—LAW QUALITY LAWN WORKS, INC., • Defendant JURY TRIAL DEMANDED PRAECIPE FOR JUDGMENT 7 ae..._ rit .. Enter Judgment in favor of Plaintiff and against: QUALITY LAWN WORKS, INC. <Dr-- N' r. rt-- c Pursuant to Arbitration Award entered May 22, 2014. y Damages shall be set at $16,391.43. ' Date: (o 'e7*-/I( Allr _ � And e H. S .w, squire Attorney I.D. #87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff Now, 6// Y , 2014, JUDGMENT IS ENTERED ABOVE. )3004/1P Prothonotary/ ivi isi By: Deputy 4/4..sb pd /16 e#0203r- PO' .307 A.3/ (-1.'"c A A . R;c,(.. - , , ./c In The Court of Common Pleas of Cumberland 'mac (01 vk La Plaintiff County, Pennsylvania No. () - 5 if 9.3 630.M1 La a n Wel r k7 Inc 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 with fidelity. y . ---CP(, gnature Signa ure "0" LO-0 . ' 6' Robe± 1.. H�(isel 1 (fir <. Qr a d k, Ls G,i c Name (Chairman) Name Name ra (.\'` _Nr)6_ -\ .� C CS(.\•`ADC4 -(1 1.- ,gces a C;‘'. rnn.. \ /a c T c 4- F 5 Yo C i cc{e, PC '1 Law Firm Law Firm Law Firm -?,6 Q5,1 - F)\--L.4 `›. . 31i61-1 `V,,,ge. R 0-k. o?oo i‘for-tk P c nd u es.S 'ceT Address Address Address l'-"(--,- -\ 'c �‘—V--) `7 C- C,,,,,,,t, f`3-0 I ( (4-1,3.)c eA . 17013 City, Zip Cit Zip Cite, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: rd=naCeS for delay are awarded, they shall beseparately stated.) Of '." '"-€4 r,.. -var rra (91.1A-1-:'•R of, Lei Conelain`f )`.(4)..? aAz,frcr a P Q'/g', Q 00. UCl . a2 `l� n '[ Jar or.te( Oeq '! dA ),;S• ed ewercla: riN INA e 0 >10 t cpf l) 600,. L/� . /���.,(C�c daszt 1.6-7 �f�f1cf ko- )Clc.irn I. i� cif Cin ! -ci 1 S e Z.S�' A ;n (aie i- o`' t�"1 q+ i/\.I-U ' r '/ 6j35'I. 7 3 Arbitrator.dissents-(Lnsert-name-if'applicable.)__..... . . . . /. /� � „j•_. Date. of Hearing,: �'" � � - _`r`r - '� (Chau ani Date of Award r�t.4-//Lt '�� <— 1 T' irr Notice of Entry of Award Nowthe . day of /44-0/r, . 20 /��/ ; at /C ` t7 , .�I., the above award was entered upon the docket and notice theregiven by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S "1/6 .SZ) Ally By: ProthonotarRUE COPY FROM RECORD Denuty In Testimony whereof,I here unto set my hand and the seal of said Court at Carlisle, Pa. This c9 day of /rat20.2.g ( Prothonotary 41141s /� ' ✓-irt.1y; , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY A. RICHWINE t/d/b/a, THE MULCH LADY NO. 2012-5493 Plaintiff v. CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED --c PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)-' Pa.R.C.P. 3101 to 3109 QUALITY LAWN WORKS, INC., c) 73 amW zf cn r r— c� G7 • To the Prothonotary: Please issue a Writ of Execution in the above -captioned matter, in the amount of $16,391.43. 1. Directed to the Sheriff of Cumberland County, Pennsylvania; 2. against, Quality Lawn Works, Inc., located at 211 North Middleton Road, Carlisle, Pennsylvania, 17013, Defendant; 3. and against, Orrstown Bank located at 22 S. Hanover Street, Carlisle, PA 17013, Garnishee(s); 4. and index this writ a. against Quality Lawn Works, Inc., Defendant, and b. against Orrstown Bank, Garnishee, as a lis pendens against the real property of the Defendant in the name of the Garnishee as follows: (specifically describe property) 211 North Middleton, Carlisle, Pennsylvania, 17013 All personal property of any nature located within the household or immediate vicinity of the Defendant's address and all other personal property within the dominion and control of the Defendant wherever it is located shall be subject to the levy. ALSO: You are directed to attach the property of the Defendant not levied upon in the possession of Orrstown Banklocated at 22 S. Hanover Street, Carlisle, PA 17013, Garnishee: All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes, receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Amount due Interest from May 22, 2014 At an interest rate of 6% per year Attorney fees Total Date: /da a20/ 163.1:s g •2$. So - (..SO 1177.'Y5 11 - 4a -as -C'v . se - $16,391.43 $ 413.90 $ 600.00 $17,405.33 Plus costs rest Andrew H. Shaw, Esquire Attorney I.D. #87371 200 S. Spring Garden St., Suited 1 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff exXl a i to co4.1-1- L\le ---As%-ccark_ THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net COURTNEY A. RICHWINE T/D/B/A THE MULCH LADY Vs. NO 12-5493 Civil Term CIVIL ACTION — LAW QUALITY LAWN WORKS, INC. WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against QUALITY LAWN WORKS, INC., 211 NORTH MIDDLETON ROAD, CARLISLE, PA 17013 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ALL PERSONAL PROPERTY OF ANY NATURE LOCATED WITHIN THE HOUSEHOLD OR IMMEDIATE VICINITY OF THE DEFENDANT'S ADDRESS AND ALL OTHER PERSONAL PROPERTY WITHIN THE DOMINION AND CONTROL OF THE DEFENDANT WHEREVER IT IS LOCATED SHALL BE SUBJECT TO THE LEVY . (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of ORRSTOWN BANK, 22 S. HANOVER STREET, CARLISLE, PA 17013GARNISHEE(S), as garnishee, ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES, RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. 1 (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $16,391.43 Plaintiff Paid Interest FROM 5/22/14 - $ 413.90 INTEREST RATE OF 6% PER YEAR Law Library $.50 Attorney's Comm. % Attorney Paid $1.77.75 Date: NOVEIVI.BER..5, 2014 REQUESTI G:PARTY:. Name :-ANIiREW:H. SHAW, ESQ. Address: 20©.S. SPRING GARDEN STREET SUITE 11 CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-7135 Supreme Court ID No. 87371 Due Prothonotary $2.25 Other Costs ATTY'S FEES - $600.00 David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY E'3 FF|C� T..^ --E WTAOQJ-��� YO\bND� �n �N|\: 06 ^"`.nw,�. _� U '' � �TY PENNSYLVANIA Courtney A Richwine T/D/B/A The Much Lady vs. Quality Lawn Works, Inc. Case Number 2012-5493 SHERIFF'S RETURN OF SERVICE 11/18/2014 10:33 AM - Brian Barrick, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, creditsand monies of the Defendant, in the hands, possession, or control of the within named garnishee, Orrstown Bank, 22 South Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Chastity Bucher, head teller, personally threecopies of interrogatories together with three true and attested copies of the Writ of Execution and made e contents there of known to her. BRIAN BARRICK, DEPUTY SO ANSWERS, November 19, 2014 `, IcI� Ronny R Anderson Sheriff Jody 5 Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COU Di CillOntirri - cFiC4- rkE Sit ER1FP c ""."� Courtney A Richwine T/O030AThe Mulch Lady vs. Quality Lawn Works, Inc. Case Number 2012-5493 SHERIFF'S RETURN OF SERVICE 11/18C2014 10:33 AM - Brian BarrickDeputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Orrstown Bank, 22 South Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Chastity Bucher, head teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 11/25/2014 Ronny R. Anderson, Shariff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $98.96 SO ANSWERS, November 25, 2014 RON R ANDERSON, SHERIFF �. ^� �` _— ' «T' ���~^�- ��. Aii" �� ' ^^ . �������/ (c) CountySuite Sheriff, Teleesett, Inc.