Loading...
HomeMy WebLinkAbout12-6242Cr,mrffonwealth of Pennsylvania NOTICE OF APPEAL Court of Common Pleas FROM Judicial District Cumberland DISTRICT JUSTICE JUDGMENT Common Pleas No. ~~ ~~~ del NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the Date and in the case mentioned below. Name of Appellant Mag. Dist. No. or Name of D.J. 09-3-05 Juanita P. Scott ' or iYIIaT Donald Howell Address of Appellant City State Zip Code 935 Paul Circle Mechanicsb PA 17055 Date of Judgment 8~22~12 In The Case Of ~~nn/ar'xrrfn (DawtdantJ Bitner Broth .ins ction Inc Juanita P. Scott Claim No. Signatur/ t or His Attorney or Agent cv 0000128-2012 ~~~ This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 10088. lfappel/ant was Clamant (sea Pa.R.C.P.J.P. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) /n action before District Justice, he a SUPERSEDERS to the Judgment for possession in this case. MUST FILE A COMPLAINT wlth/n twenty (20) days after fIling h/s NOTICE OF APPEAL. _ Signature of Protffo--otaN a Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of the form to be used ONL Y when appellant was DEFENDANT (see Pa. R. C. P. J. P. No. 1001(7) in the action before District Justice. 1F NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Bitner Brothers instruction Inc , appellees) to file a complaint in this appeal ame o ppe s (Common Pleas No. f ~-~ ~.~(~~ )within twenty (20) days after servic 1 or suffer entry of judgment of non pros. Signature of Appellant or His Attomey or Agent RULE: To Bitner Brothers instruction Inc , appellees) ame o ppe ee 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 dti poi: fill a COmplairtt within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date t3f service of this rule; .if service was by mail, is the date of mailing. Date: _~,~~.~, 20 CC,,~~ Signature of Prothonotary or Deputy ~._1_.~~ Court File /Court Proof of Service /Appellant's Copy / Appellee's Copy /District Justice ~~~~ aeT -s aM ~o= ~ ~~~~~~ c~~ i.~~ ~a8i~~ COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/T 0 COUNTY OF CUMBERLAND Case r Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Donald Franklin Howell Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Michael Scott Travis, Esq. 3904 Trindle Rd Camp Hill, PA 17011 Disposition Summary Bitner Brothers Construction Inc. V. Juanita P Scott Docket No: MJ-09305-CV-0000128-2012 Case Filed: 7/2/2012 MJ-09305-CV-0000128-2012 Bitner Brothers Construction Inc. Juanita P Scott Judgment for Plaintiff 08/22/2012 MJ-09305-CV-0000104-2012 Juanita P Scott Bitner Brothers Construction Inc. Judgment for Plaintiff 08/22!2012 Judgment Summary Participant JoinUSeveral L iability Individual Liability Amount Bitner Brothers Construction Inc. $0.00 $2,878.83 $2,878.83 Bitner Brothers Construction Inc. $0.00 $0.00 $0.00 Juanita P Scott $0.00 $0.00 $0.00 Juanita P Scott $0.00 $1,543.32 $1,543.32 Judgment Detail ~"Post Judgment) In the matter of Juanita P Scott vs. Bitner Brothers Construction Inc. on 8/22/2012 the judgment was awarded as follows: Judgment Component Joint/Several L iability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,711.00 $2,711.00 Costs $0.00 $167.83 $167.83 Grand Total: $2,878.83 In the matter of Bitner Brothers Construction Inc vs J uanita P Scott on 8/22/2012 the ud t d d . . j gmen was awar e as foll ows: Judoment Component Joint/Several L iability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,490.99 $1,490.99 Costs $0.00 $52.33 $52.33 Grand Total: $1,543.32 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYlCLERK 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. /J/~] ~ mfr ~^"-~ ~ ,`` ~ " h v ~~gs Fy/ ,~ , / 7 i ~ 1 - Y~L' _ ` i~~ Magisterial District Judge Donald Franklin Howell .«~~3 MDJS 315 Page 1 of 3 Printed: 08/22/2012 11:59:26AM Bitner Brothers Construction Inc. Juanita P Scott Docket No.: MJ-09305-CV-0000128-2012 ce i a is is a rue an correc copy o e recor o e proce ings con a~n~ng a to gmen . Date Magisterial District Judge MDJS 315 Page 2 of 3 Printed: 08!22/2012 11:59:26AM Bitner Brothers Construction Inc. Docket No.: MJ-09305-CV-0000128-2012 v. Juanita P Scott Participant List Private(s) Daniel Pollock, Esq. 801 Sandbank Rd #18 Mt Holly Springs, PA 17065 Michael Scott Travis, Esq. 3904 Trindle Rd Camp Hill, PA 17011 Plaintiff(s) Bitner Brothers Construction Inc. 416 E. North Street Carlisle, PA 17013 Defendant(s) Juanita P Scott 935 Paul Circle Mechanicsbrug, PA 17055 MDJS 315 Page 3 of 3 Printed: 08/22/2012 11:59:26AM ~~,~' c IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY Bitner Brothers Construction, Inc. V Juanita P. Scott Civil Action-Law Appeal from MDJ 09-3-05 :Docket No. 128-2012 ~-°~ N .~~ Docket No.12-6242 / ~~,~',-~ r~ ~°y ~. ~ - --i r ~?~' ~ ~ ~ ~,. NOTICE ~ ra c~ Y~ r-- -- x* rw You have been sued in Court. If you wish to defend against. the claims set fo i~ the following pages, you must take action within twenty(20) days after this complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimec:i 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 CAN NOT AFFORD ONE, GO T(:) OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERF, YOU C'AN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa. 17013 249-3166 Or Court Administrator's office Cumberland county Courthouse 3~d Floor Carlisle, Pa. 17013 240-6200 -~ ; --~ r*i -a rn ~~ ~~ ---~ ~ x -~ c~-„ ~w `: ,~., =~ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY BITNER BROTHERS CONSTRUCTION Inc ~, Civil Action-Law Juanita Scott Docket no.12-624;? COMPLAINT And now here comes the Plaintiff, Bitner Brothers Construction Inc:. By and Through its Attorney, Daniel Pollock, Esq. to file this complaint against Juanita Scott in the above captioned matter for the reasons spelled out below. Parties 1. Bitner Brothers Construction, Inc. is a Pennsylvania corporation located at 41.6 E. North Street, Carlisle Pa. 17013 2. Juanita Scott is an individual who resides at 935 Paul Circle, Mechanicsburg, Pa. 17055 COUNT 1 Anticipatory breach of contract 3. During the Fall of 2011 Juanita Scott contacted Bitner Brothers Construction Inc. to perform work on her home in order to control water seepage into her basement. 4. On or about January 3, 2012 Juanita Scott and Bitner Brothers Construction Nnc. entered into a contract to perform same with a plan and materials listed with costs in order to do the work necessary to prevent water seepage into Ms. Scott's horne. (See Exhibit 1) 5. During the course of the work several changes to the work order were requested by Ms. Scott or her brother acting on Ms. Scott's behalf which changed the scope and cost of the work to be performed. Among these changes were the following: a.the number of sump pumps to be used in the plan to pump away the groundwater from Ms. Scott's home, b. the type of materials to be used to prevent the water from entering Ms. Scott's basement, c the depth and length of the drainage ditches to be dug in order to remove the water from the basement area. 6. The number of sump pumps required by the revised plan was 3 whereas the original plan only called for 1 sump pump 7. The revised plan called for a plastic water shield to be installed whereas the original plan did not call for that water shield 8. The revised plan called for the excess water to be drained in 2 directions instead of 1 direction 9. Charles Bitner, President of Bitner Brothers Construction attempted numerous times to get Juanita Scott to sign off on the changes agreed upon verbally to the scope of work. :LO. For several weeks Ms. Scott made herself unavailable to go over the amended agreement and sign the amended agreement in order to memorialize the verbal changes to the original contract. (see exhibit 2) 11. On or about February 15, 2012, after several attempts to meet with Ms. Scott and/ or her brother to read and sign the amended contract with the changes that they had requested, Bitner Brothers decided to pull off the job and remove all items not alrE~ady paid for by Ms. Scott due to the anticipatory breach by Ms. Scott in not being uvilling to honor her agreement to pay for the extra work requested. 12. To this date Ms. Scott has made no attempt to rectify the anticipatory breach cif her and her brother to the amended terms of this contract. 13. Instead of attempting to work out the terms of the failed contract, Ms. Scott responded with threats to Bitner Brothers of complaints to the Police and with law suits. Count 2 DAMAGES 14. Counts 1-13 are incorporated by reference. 15. The original contract price for the work done was $ 3,900 16. The Defendant paid $2,500 of that $3,900 17. The Cost of the amended contract was $ 2,259.40 in addition to the $3,900 18. The total expectation of Bitner Brothers Construction was $6,1!59.40, Of which they received $2,500 Wherefore Bitner Brothers Construction Inc. requests a verdict of $3,659.40 in its favor in the above captioned matter. Respe Ily Submitted, r~ ~ 1 , ~ i 1 1 ~ ~ f+r it .~~ ~f: Daniel Pollock, Esq, Attorney for the Plaintiff Bitner Brothers Construction Inc. Daniel Pollock, Esq. 801 Sandbank Road #18 Mount Holly Springs, Pa. 17065 Super. Ct. Id. 70315 Phone and fax (717) 486-0030 VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge. I understand that false statements knowingly made herein are subject to the penalties of 18 Pa. C.S. 4904 regarding unsworn falsifications to Authorities ~--~- .. __~_~' :~~ ,fir: ~-- ~- 3- ~.,_~____ Date Charles Bitner ~~ Bitner Brothers Construction 416 East North St. Carlisle, PA 17013 Phone N 717-243-1069 bitnerbrolhers®yahoo.com www.bitnerbmthers.net P.O. # Terms Due Date Other Date 12/2%LOll Estimate # vs2ou2 12/2/2011 Misc. Plumbing Material/60' 4 INCH PII'E 1 ]20.00 120.00 30' 2 INCH PIPE 1 1;0.00 60.00 SUMPUMI'1W1TI3 BACKUP BATTF,RY 1 500.00 500.00 ELECTRIC MATERIAL 1 200.00 200.00 Concrete BAGS 10 yd 3.0.50 105.00 Stone-Fill 2 yd 65.00 130.00 100' DRAIN PIPE 1 2(X100 200 00 LABOR 47 'i5.00 2,585.00 Subtotal s3,9oo.00 Sales Tax (0.0%a $o.oo '___ _ - - _- . __-- l Total $3,900.00 _- -_--- - ----- Bitner Brothers Construction '~ License# PA017457 BITNER BROTHERS CONSTRUCTION INC. 416 EAST NORTH ST. CARLISLE PA 17013 THIS AGREEMENT made the _3rd_ of Janes 2012 by and between Bitner Brothers Construction hereinafter called the Contractor and hereinafter called the Owner.. WITNESSETH that the Contractor and the Owner for the considerations named agree as follows: Articlel. Scone of the Work The Contractor shall perform all of the work shown on the Estimate, as attachment one hereto as it pertains to work to be performed on property at 935 Paul Circle Dillsburg, PA 17055 Article 2.Time of Comaletion The work to be performed under this Contract shall be commenced on or before Jan 4th 2011 and the estimation of completion date is _Jan 15th 2012. The following constitutes substantial completion of work pursuant to this proposal and contract: Upon completion of job with approval of owner after review of final job check list. You have 72 hours from the date of the contract being signed to void the contract for any reason. Notice must be in writing. Article 3.The Contract Price The Owner shall pay the Contractor for the material and labor to be performed under the Contract the sum of ($3900.00) dollars is subject to additions and deductions pursuant to authorized change orders as agreed on by the parties. Article 4.Pro~ress Payments Payments of the Contract Price shall be paid in the manner following: First Payment of ($1500.00) dollars is due immediately after signing of contract. Second payment ($1000.00) when ditch is dugout and drain pipes are installed in basement. Final payment of ($1400.00) dollars is due upon approval of final check list by the parties or upon the (j1 completion of the job whichever comes first. Initials: Owner- Contractor:- Article 5. Underlying conditions not readily observed at the time of the estimate may be grounds for the extension of completion date. Any alteration or deviation from the above specifications, including but not limited to any such alteration or deviation involving additional material and/or labor costs, will be ezecuted only upon a written order for same, signed by Owner and Contractor, and if there is any order for such alteration or deviation, any additional charges will be in addition to the contract price as herein agreed. If payment is not made as herein agreed, Contractor shall suspend work on the job until such time as all payments and owed have been paid to contractor. A failure to make said payment for a period in excess of fifteen days from the due date of the payment shall be deemed a material breach of this contract. Article 6. In addition, the following general provisions applyr 1 All work shall be completed in a workman-like manner ,and in compliance with all building codes and other applicable laws of Harrisburg and Commonwealth of PA. 2. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work.. 3. Contractor may at its discretion engage subcontractors to perform work hereunder, provided, Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract. 4. Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due and owing: 5. Contractor shall at its own expense obtain all permits necessary for the work to be performed as may be required by law and/or ordinance. 6. Contractor agrees to remove all debris and leave the premises in broom clean condition. 7. In the event Owner shall fail to pay any periodic or installment payment due hereunder, Contractor may cease work without breach pending payment or resolution of any dispute. 8. Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty or general unavailability of materials. y. Contractor warrants all workmanship as performed for a period of one year ~j ,~ following the date of completion. 10. Contractor herby notifies Owner that Rotted/Damaged plywood will be replaced at a cost of $40.OOlsheet labor included. Owner to be natified prior to replacement. Initials: Owner- Contractor- Article7.Insurance The Contractor represents that it has purchased insurance and agrees that it will keep in force for the duration of the performance of the work, as will protect Bitner Brothers Remodeling and the owner of the site, from claims for loss or injtuy which might arise out of or result from the Contractors operations under this project, whether such operations be by the Contractor or by a subcontractor or its subcontractors. The Contractor represents and agrees that said insurance binder is written for and shall be maintained in an amount not less than the limits of the liability required by law. The Contractor certifies that coverage written on a "claims made form" will be maintained without interruption from the commencement of work until the expiration of all applicable statutes of limitation. The contractor shall provide the owner a copy of its insurance binder, PA contractors license and all municipal permits which may be required by law. Name and Address & Email of Owner: Signed this,.~~ day o 2012 Name of Contractor: Bitner Brothers Construction Inc. 416 E. North St Carlisle, Pa 17013 Oflice-(717}-249-2874 and (717}243-1069 Cell-(717)-226-0612 Contractor signature: Owner signature: ,c~.a-vw~= ~ ~~ ~~ ,--, 51~ . ~ ~ ~ ~` License# PA017457 `~ ~, ~ l€~llil~~" ~'+OE~I~ e ~ ~` .~~ F x-~ ~e --. r ~.~~~~~~_. ~I~..~:eft~_~ "_sr_~._..: • A~~ ~, ~ ~ - ~ ~ ~ G~ ~. fit`. `,~'''tl, V .. ` 1 1p,Y~ \~ ~~ ^'N ~~ ~' ~ ~ ~ ~ _:r ~~t..t_ ~.. Contractor Addendum '~,'~ l~~~c~~~ ~~.~ ~~~ ~ THIS ADDENDUM made the _6th day of _February_ 2012 by and between Bitner ,~ Bmthers Remodeling hereinafter called the Contractor and Juanita Scott hereinafter called the Owner. WITNESSETH that the Contractor and the Owner for the considerations named agree as follows: That the parties agree that in addition to the contract previously signed by the parties that Juanita Scott will be responsible for: The cost of the additional 2 Sump Pumps and all the plumbing and electrical supplies to install as well as the labor to dig out for the drain pipe is $2259.40, above and beyond the current consideration of the current contract, payable: immediately All other parts of the contract and scope of work are to remain in full force, except that the completion date shall be extended for 2 days Name and Address of Owner: Signed this _ day of 2012 Name of Contractor: Bitner Brothers Construction Inc. 416 E. North St Cazlisle, Pa 17013 Contractor signature: Owner signature: // ,~ l AFFIDAVIT OF SERVICE On October 25, 2012, I Daniel Pollock, Esq. did serve a copy of this Complaint by First Class Mail to the following parties: Michael Travis, Esq. 3904 Trindle Road Camp Hill, Pa. 17011 Attorney for Juanita Scott pectf~illy Sx~mitted, ~' ~~ ; ~ ~ ,~~ Daniel Pc''~lock, Esq. 801 Sand Bank Road #18 Mount Holly Springs, Pa. 17065 Pa. Super Id. 70315 (7l 7) 486-0030 Michael S. Travis ID No. 77399 3904 Trindle Road Camp H III, PA 17011 717-731-9502 mst@mtravislaw.com Attorney for Defendant __ , . ,_ . '`~ I ~, J~ i`_t ~_,w ~',`r~J`t'L~',~~,EI;~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Bitner Brothers Construction, Inc. Plaintiff, vs. Juanita P. Scott, Defendant No. 12-6242 Civil Action Law Appeal from MDJ 128-2012 ANSWER TO COMPLAINT NOW COMES the Defendant, Juanita Scott who Answers the Complaint as follows: Preliminary Statement. This Answer to the Complaint is the Counterclaim by Plaintiff in the matter of Juanita Scott v. Bitner Brothers Construction, Inc., found at docket no. 12-5839, appeal from MDJ no. 104-2012. Defendant intends to file a motion to combine the above matters. 1. Admitted in part, denied in part. It is admitted that this is the stated address of Plaintiff. Mail sent to the Plaintiff was returned by the post office stating "closed." 2. Admitted. 3-4. Admitted. 5. Denied. The estimate marked as (1) was provided in December of 2011. The contract was signed on January 3, 2012. Before the contact was signed, the Plaintiff and Defendant met, and discussed what would be included in the contact. At that meeting they decided that two sump pumps would be the appropriate way to proceed. The cost was to be the same as setting the system with two pumps would cost the same as having to dig and install a single pump system. a. It is denied that the number of pumps was a change, although the estimate indicates one sump two were agreed upon. b. It is denied that the type of materials to be used was a change, the parties discussed the waffle board used and Plaintiff knew it was to be included in the project. c. It is denied that the depth and length of the drainage ditch to be dug were changes, the use of two sumps meant that it was not necessary to excavate the depth and length was stated on the "estimate." By going in two directions, Plaintiff was to save time and money and meant no change to the original estimate of price. 6. Denied. Prior to work beginning, two pumps were to be included. After work began, Plaintiff advised that a third was needed, and that the cost was included in the original contact. As such there was no need to modify the contact. 7. Denied. Without water board, waffle board, or plastic shield, all of which mean the same, there was no way to get the water from the wall to the pump system. 8. Denied. The "change" was not one which affected price of the contract. Sloping the pumps in two directions mean less excavation and cost, saving Plaintiff time and materials. This was contemplated before the contact was signed. 9. Denied. There were no changes requested to the work order on contract by the Plaintiff until after Defendant became dissatisfied with the quality of the workmanship. 10. Denied. Defendant was never contacted. Defendant's Brother Gene Burgess contacted Kevin at Bitner Brothers on January 10 when they discussed the status. Defendant's Brother expressed dissatisfaction with the quality of work and requested that it be corrected. Defendant believed they were going to repair the floor and complete the job. There were no further discussions until February 7, 2012 when Plaintiff removed the sump pumps without notice. 11. Denied. Plaintiff did not contact nor did they provide a copy of any changes until Plaintiff pulled off the job. 12. Denied. It is denied that Defendant was in "anticipatory breach". Defendant phoned the police because she believed the pumps were stolen when Plaintiff failed to appear and correct the work. 13. Denied. Plaintiff called the police to report the missing pumps not knowing they were taken by Plaintiff. The police suggested that Plaintiff may have taken the materials. The lawsuit followed. COUNT II DAMAGES 14. Defendant incorporates Paragraphs 1-13 as if set forth in full. 15-16. Admitted. 17. Denied. Defendant did not agree to amend the price of the contact. 18. Denied. The total cost of the contract was to be $3,900 when properly completed, which it was not. WHEREFORE, Defendant prays this Honorable Court to enter judgment in her favor, and against Bitner Brothers Inc. Respectt~ fitted. r ,r, . .~' M' I ravis 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravisla w. com Attorney for Defendant ,~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ) Bitner Brothers Construction, Inc. ) No. 12-6242 Plaintiff, ) vs. )Civil Action Law Juanita P. Scott, ) Defendant )Appeal from MDJ 128-2012 VERIFICATION The statements made in this Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Sect. 4904 relating to unsworn falsification to authorities. anita Scott, Defendant Date: 11 /14/12 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ) Bitner Brothers Construction, Inc. ) No. 12-6242 Plaintiff, ) vs. )Civil Action Law Juanita P. Scott, ) Defendant )Appeal from MDJ 128-2012 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: Daniel Pollock, Esquire 801 Sandbank Road #18 Mount Holly Springs, PA 17065 Juanita Scott 935 Paul Circle Mechanicsburg, PA 17055 chael S. Travis l~" ~~ " ~ ~ 3904 Trindle Road Camp Hill, PA 17011 Attorney for Defendant BITNER BROTHERS IN THE COURT OF COMMON PLEAS OF CONSTRUCTION, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent V. CIVIL ACTION — LAW JUANITA SCOTT 12-6242 CIVIL TERM Defendant/Petitioner rn CD JUANITA SCOTT, IN THE COURT OF COMMON PLEAUQF 2E-F3 CUMBERLAND COUNTY, PENNSYL I A Plaintiff/Petitioner V. CIVIL ACTION — LAW BITNER BROTHERS CONSTRUCTION INC., : 12-5839 CIVIL TERM Defendant/Respondent : (Consolidated to 12-6242) PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael S. Travis, counsel for the Petitioner in the above actions, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff intiff in the action is $4,200.00 plus treble damages and counsel fees (Scott v. Bitner) The counterclaim of the defendant in the action is $3,659.40 (Bitner v. Scott) The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Michael S. Travis Daniel Pollock WHEREFORE, your petitioner prays your Honorable Court to appoint (3) arbitrators to whom the case shall be submitted. ;Respect' i mittedichael S. Travis, Attorney for Petitioner ORDER OF COURT AND NOW, 2013, in consideration of the foregoing petition, ESq., and Esq., and Esq., are appointed in the above captioned action as prayed for. By the Court, KEVEN A HESS, P.J. s, BITNER BROTHERS : IN THE COURT OF COMMON PLEAS OF CONSTRUCTION, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent • v. : CIVIL ACTION - LAW JUANITA SCOTT : 12-6242 CIVIL TERM c Defendant/Petitioner rt EX7 -o Z JUANITA SCOTT, : IN THE COURT OF COMMON PLEAEVAP Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYL• ' v. : CIVIL ACTION - LAW • BITNER BROTHERS CONSTRUCTION INC., : 12-5839 CIVIL TERM Defendant/Respondent : (Consolidated to 12-6242) PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael S. Travis, counsel for the Petitioner in the above actions, respectfully represents that: 1 . The above-captioned action is at issue. 2. The claim of plaintiff in the action is $4,200.00 plus treble damages and counsel fees (Scott v. Bitner) The counterclaim of the defendant in the action is $3,659.40 (Bitner v. Scott) The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Michael S. Travis Daniel Pollock OAX\44k)'n.6qc1 a#1 C Nu& g# aabss WHEREFORE, your petitioner prays your Honorable Court to appoint (3) arbitrators to whom the case shall be submitted. e/ Respec ► •bmitted, Mhael S. Travis, Attorney for Petitioner ORDER OF COURT AND NOW, 77101_ a3 2013, in consideration of the foregoing petition, 4 .i , L./..��. ESq., and 41.,,-4,..4 n -, ■ Esq., / / and 1,v, 't _Esq., are appointed in the above captioned action as prayed for. By the Court, 4 Atio KEVEN A SS, P.J. . ) r- - t!'?• N) C".: r- W -?,- =r--, * R ..< <.. ; - SCS V PI"Chit I 6 -r • •—• V ban;el Po/64 G{op;C'S in 4. f?d SA y//3 4" Bitner Brothers Construction, Inc In the Court of Common Pleas of Cumberland Plaintiff _Juanita P. Scott County, Pennsylvania No. 12 -6242 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. ig u e Si tie Signature Vicky Ann Trimmer John Papoutis Daniel Puskar Name(Chairman) Name Name Persun & Heim, PC B Afoitb,- Es� Turo Robinson Law Finn Law Firm Law Firm PO Box 659 //0 ��,�d-�3©2 129 S. Pitt Street Address Address Address Mechanicsburg 17055 Camp Hill 17011 Carlisle 17013 City, Zip City, Zip City, 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.) jo / (n �G ✓ NiA, SGc- go /U0 Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: September i , 20i 3 John Papoutis, Esq. Date of Award: ���� 'L1)L3 Vicky Ann Trimmer, (Chairman:) Daniel Puskar,Esq. v Notice of Entry of Award Now, the day of 4 20/3 , at -3-'11, M., the above award was entered upon the docket an notice thereof given b mail to the parties or their attorneys. p g Y Arbitrators' compensation to be paid upon appeal: ' By: Dep Prot onotary uty t• Thr PRO 2913 SEP 12 FN 3' t-,6 PLHNS LVAHIA .L,U�G