HomeMy WebLinkAbout12-7447
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2012 -
CIVIL TERM
COMPLAINT
AND NOW, comes the Plaintiff, E & G Services, Inc., by and through its attorneys,
FSFILES\ClientsV 1873 E&G Services\11873.15 Battlestone Stee1111873.I5.com/ma
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
E & G SERVICES, INC.
Plaintiff
v.
BATTLESTONE STEEL, LLC,
Defendant
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows:
1. Plaintiff, E & G Services, Inc., is a Pennsylvania corporation with a registered address
at 300 West Suncrest Drive, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant, Battlestone Steel, LLC, is a New York company with an address of 645
Fifth Avenue, 8`h Floor, New York, NY 10022.
3. Plaintiff is in the business of providing services, mainly electrical, to certain
businesses and individuals.
4. Plaintiff has provided services to Defendant in Cumberland County, Pennsylvania,
and York County, Pennsylvania.
5. Plaintiff has provided services to Defendant for a total value of $14,818.23. True and
correct copies of Plaintiff s invoices are attached hereto as Exhibit "A."
6. Defendant has failed to pay for such services and, therefore, is liable to Plaintiff for
the amounts owed plus interest and costs.
7. Despite repeated demands, no payments have been made by the Defendant for
amounts due nor has Defendant disputed this debt.
COUNT I -BREACH OF CONTRACT
8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1
through 7 as if fully set forth.
9. Defendant has breached an expressed or implied agreement, directly or through
agents, to pay for- the goods and services provided to Defendant from Plaintiff and/or Plaintiff's
agents.
WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of
$14,818.23, plus interest at 18% per annum and costs.
COUNT II -QUANTUM MERUIT
10. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1
through 11 as if fully set forth.
11. Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount
of $14,818.23.
WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of
$14,818.23, plus interest at 18% per annum and costs.
MARTSON LAW OFFICES
Date: ~~~~p/~~
~ ~ S_
By: ~_.
Christopher E. Rice, Esquire
ID Number 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
EXHIBIT "A"
E&G Services, Inc.
300 W. Suncrest Dr.
Carlisie, PA 17013
Pa. Reg# PA008920
~~ ~ ~~~ ~
<<;~,
Date 4/26/2012
invoice # 1266
i3ili To
Battlestone Steel LLC
645 Fifth Avenue
8Th Floor
New York, NY 10022
P.O. # 50 Spring Rd Carlisl...
Terms Due on receipt
Due Date 4/26/2012
Description
Electrical work for demo crews at 50 Spring road Carlisle, Pa.
Various projects including high voltage sub station work, re powering panels, hot water heaters
etc.
Materials: $622.00
Labor: 73.5 man/hrs @$55.00/hr $4042.50
Work time period from 4/9 to 4/25 2012
Requested by Justin at Battlestone Steel
Invoice total: $4664.50
Thank for your Business.
Terms as stated above. 1 1/2% monthly accrued interest
after 30 days.
jagaito@comcast.net
717-258-3206
Total
Arnoant
4,664.50
$4,664.50
Fax 717-258-6538
~,
~~,,
E&G Services, Inc.
300 W. Suncrest Dr.
Carlisle, PA 17013
Pa. Reg# PA008920
Date 6/1/2012
Invoice ~ 1303
B[II To
Battlestone Steel LLC
645 Fifth Avenue
8Th Floor
New York, NY 10022
~~ ~
C~}°y
P.O. # York, Pa. Warehouse
Terms Net 15
Description
Due Date
Electrical work to install power and wire machine for warehouse in York, Pa.
Powered wire stripper machine and fork truck charging unit.
Installed disconnects, motor starter and control wiring.
Materials: $1567.21
Labor: 23man/hrs@$55/hr= $1265.00
Invoice total: $2832.21
Work completed on 5/21/2012
Requested by Justin
Thank for your Business.
Terms as stated above. 1 1/2% monthly accrued interest
after 30 days.
jagaito@comcast.net
717-258-3206
Fax 717-258-6538
Tota[
611 612 0 1 2
Amount
2,832.21
$2, 832.21
.,
r
3
E&G Services, Inc.
300 W. Suncrest Dr.
Carlisle, PA 17013
Pa. Reg# PA008920
i Date 6/1 512 0 1 2
invoice # 1311
Bill To
Battlestone Steel LLC
645 Fifth Avenue
8Th Floor
New York, NY 10022
P.O. # York, Pa. Warehouse
Terms Net 15 Due Date 6/30/2012
Qescription Amount
InstalEed power distribution transformer,wiring, fuses, conduit and wire for Battles#one 7,321,52
warehouse in York, Pa.
Materials: $3746.52
Labor: $3575.00
Invoice total: $7321.52
Work completed on 6/13/2012
Thank for your Business.
Terms as stated above. 1 1/2% monthly accrued interest
after 30 days.
TOt211 $7,321.52
jagaito@comcast. net 717-258-3206
Fax 717-258-6538
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the document and to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent
that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
~.
ph A. Gaito, President
E & G Services
E& G SERVICES, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2012-7447
BATTLESTONE STEEL, LLC,
Defendant ; zrn 3:w °n�
z ' =
PRAECIPE FOR ENTRY OF APPEARANCE =
CD-n
TO THE PROTHONOTARY: . - 4=) r
x> C=�
Kindly enter my appearance as attorney of record on behalf of the Defendant,
Battlestone Steel, LLC.
Respectfully submitted,
CBAYLEY& AN
Mark F. Bayley, squire
17 West South Street
Carlisle, PA 17013
(717)241-2446
Supreme Court I.D. 87663
E &G SERVICES, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2012-7447
BATTLESTONE STEEL, LLC,
Defendant
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire do hereby certify that I this day served a copy of the
forgoing document upon the following by depositing same in the United States mail,
postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
U -----------
Mark F. Bayley, Esquire
BAYLEY&MANGAN OF THE PROTHf.)'N0-TA A',,,
17 West South Street
Carlisle,PA 17013 2013 MAR 20 PM 4: c,8
(717)241-2446
Supreme Court I.D.#87663 CUMBERLANDA CU TY
PENNSYLNIA
E&G SERVICES, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012-7447
BATTLESTONE STEEL, LLC,
Defendant
DEF'ENDANT'S ANSWER
AND NOW, comes Battlestone Steel, LLC,by and through its attorney,Mark F.
Bayley, and submits the within answer to Plaintiff's Complaint filed December 11, 2012:
1. Admitted.
2. Admitted in part and denied in part. It is denied that the Defendant is a
New York company; by way of further answer the Defendant is a Pennsylvania company;
it is admitted that the Defendant has an office address at 645 Fifth Avenue, 8th Floor,
New York,NY 10022.
3. Admitted.
4. Admitted.
5. Denied.
6. Admitted in part and denied in part. The Defendant denies that the
Plaintiff provided it services with a value of$14,818.23 and/or is liable to Plaintiff for
said amount owed plus interest and costs and therefore the Defendant admits that it has
not paid the Plaintiff$14,818.23.
7. Admitted in part and denied in part. The Defendant admits that it has made
no payments to Plaintiff regarding the amount at issue;the Defendant denies that it does
not and has not disputed the alleged sums owed;by way of further answer the Defendant
previously requested itemized invoices which have not been provided to date;by way of
further answer the Defendant is not refusing to pay Plaintiff a reasonable and lawful
amount for its services which was not provided by Plaintiff to date and has not yet been
determined.
8. No response required.
9. Denied.
10. No response required.
11. Denied.
WHEREFORE,the Defendant requests that Plaintiff's claims be denied.
Respectfully submitted,
BAYLEY &MANGAN
Mark F. Bayley, Esqui
17 West South Street
Carlisle, PA 17013
(717)241-2446
Supreme Court I.D. 87663
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §
4904 relating to unworn falsification to authorities.
3 2 v
/
Da e
JChijef perate Officer
Steel, LLC
• v
E & G SERVICES, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2012-7447
BATTLESTONE STEEL, LLC,
Defendant
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire do hereby certify that I this day served a copy of the
forgoing document upon the following by depositing same in the United States mail,
postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
Mark F. Bayley, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
E&G Services, Inc.
Plaintiff
vs No. 201;k-7447 Civil Term
BATTLESTONE STEEL, LLC xm
Defendant z-,-Z) -arn
r— ;Q
-<> ! C)
Rule 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the follbwi-ag fcn: ° °
r
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE,THE JUDGES OF SAID COURT:
Christopher E. Rice, Esquire, attorney for Plaintiff
, 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$14,81,8.23
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as
arbitrators: Mark F. Bayley, Esquire
WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the
case shall be submitted. k oa$S
Respectfully submitted, ek4k$�yS
MARTrON LAW OFFICES 2lt2 Q�p
By:
ristop qqer ice, squire
I.D. N40 EasNigh St. , Carlisle, PA 17013
ORDER OF COURT
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,
KEVEN A HESS, P.J.
q
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA•
E&G Services, Inc. .
Plaintiff .•
vs No. 2017447 Civil Term
c=}
--t
BATTLESTONE STEEL, LLC #
Defendant f �j._ i
• 1b �b cam ,
Cy E7-,
Rule 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the fol g fin: 2.='
C3 r—s C
PETITION FOR APPOINTMENT OF ARBITRATORS ,-,
TO THE HONORABLE,THE JUDGES OF SAID COURT:
Christopher E. Rice, Esquire, attorney for Plaintiff
,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$14,818.23
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: Mark F. Bayley, Esquire
WHEREFORE,your petitioner prays your Honorable Court to appoint three (3)arbitrators to whom the
lu case shall be submitted. Q- �t�° S
Respectfully submitted, X44 abq
Me ON LAW OFFICES �1i2SC Io1(40
By: � S. ie_____
st her 1E1 Rice, Esquire
I.D. NQO Easf�'High St. , Carlisle, PA 17013
l��� ORDER OF COURT
,�QAND NOW, �"y al, �t 201 3, in consideration of the foregoing petition,
l_�1 /__ ,�1____ Esq., and " —"Uglit, ''k..L11 J/ ) Esq., and
d0 Esq., are appointed arbitrators in the above captioned action (or
actions)as prayed for.
By the Court, �i C c=, ,
KEV EN ESS, P.J. "<Z=' Eri ,
/lark r je r r-,
x=y y , s 71 P.
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BAYLEY&MANGAN Ott- i Hrr-- PRO T HOINO 3.T.Rtip
17 West South Street
Carlisle,PA 17013 2013 MAY —9 AM 10= 09
.(717)241-2446
Supreme Court I.D.#87663 CUMBERLAND COUNTY
PENNSYLVANIA
E & G SERVICES, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2012-7447
BATTLESTONE STEEL, LLC,
" Defendant
DEFENDANT'S MOTION TO VACATE ORDER ENTERED MAY 6, 2013
AND NOW, comes Battlestone Steel, LLC,by and through its attorney, Mark F.
Bayley, and in support of the within motion avers as follows:
1. The Honorable Kevin A. Hess previously entered an order on May 6, 2013
appointing arbitrators with regard to the above captioned matter.
2. On December 12, 2012 the Plaintiff filed its Complaint with claims for
breach of contract and quantum meruit; the Plaintiff claims it is owed
$14,818.23 for electrical services it avers to have provided to the
Defendant.
3. On February 28, 2013 service of the Complaint was completed upon the
Defendant.
4. On March 11, 2013 Plaintiff's counsel forwarded a 10 day default notice
to the Defendant.
5. On March 20, 2013 the undersigned counsel entered his appearance and
filed Defendant's Answer in which the Defendant denied that Plaintiff
provided services justifying compensation of$14,818.23 and avers that it
previously requested itemized invoices from the Plaintiff which were not
provided.
6. By letter dated March 28, 2013 the Plaintiff indicated to Defendant that it
was not willing to offer a reduced demand but invited the Defendant to
make an initial settlement offer. (Attached as "Exhibit A").
7. By letter dated April 3, 2013 the Defendant informally requested itemized
invoices so that it could then"be in the position to make a settlement
offer." (Attached as "Exhibit B").
8. By letter dated April 11, 2013 the Plaintiff ignored the request for .
itemized invoices and indicated that it planned to list the matter for
arbitration. (Attached as "Exhibit C").
9. By letter on the same date the Defendant again requested itemized
invoices and to proceed with discovery informally; the Defendant
additionally stated that any request to list the matter for arbitration prior to
the completion of discovery would be opposed. (Attached as "Exhibit D").
10. By letter on the same date the Plaintiff indicated to the Defendant to
proceed with formal discovery. (Attached as "Exhibit E").
11. On May 1, 2013,the Plaintiff filed its Petition forAppointment of
Arbitrators. (Attached as "Exhibit F").
12. On May 2, 2013 Defendant's counsel,not being aware of the above
petition which was not forwarded to him,provided formal document
requests and interrogatories to Plaintiff's counsel. (See copies attached as
"Exhibit G"and"Exhibit H").
13. By order entered May 6, 2013 the Honorable Kevin A. Hess appointed a
panel of arbitrators in response to Plaintiff s petition. (Attached as
"Exhibit F").
14. In addition to acting diligently with regard to this matter,the Defendant's
counsel offered to streamline the discovery process which was rejected by
the Plaintiff.
15. Based upon the nature of Plaintiff's claims, itemized invoices along with
the other requested discovery items are obviously relevant to the litigation,
will likely be useful for potential settlement negotiations, and may lead to
other relevant and discoverable matters.
16. Said discovery is permissible pursuant to Pa.R.C.P.No. 4001 et seq.
17. A copy of the within motion was forwarded to Christopher E. Rice,
Esquire; on behalf of the Plaintiff Attorney Rice indicates that he would
prefer for the arbitration chairperson to informally delay scheduling of the
arbitration until discovery is complete. However, it is debatable whether
the chairperson has authority to do this pursuant to arbitration rules set
forth in Pa.R.C.P. No. 1301 et seq. and there may be other pre-trial issues
for the Court's consideration prior to trial. Therefore, the Defendant
requests entry of one of the two attached proposed orders.
18. A copy of the within motion was forwarded to the arbitration chairperson
Elizabeth B. Stone, Esquire.
WHEREFORE, the Defendant requests that the order appointing arbitrators that
was entered May 6, 2013 be vacated pending the completion of discovery or, in the
alternative,that the panel be ordered to delay scheduling of an arbitration until both
parties certify that discovery is complete or pending further order of Court.
Respectfully submitted,
BAYLEY&M
Mark F. Bayley, Esquird"�
17 West South Street
Carlisle,PA 17013
(717) 241-2446
Supreme Court I.D. 87663,
E&G SERVICES, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012-7447
BATTLESTONE STEEL, LLC,
Defendant
VERIFICATION
Mark F. Bayley, states that he is the attorney in relation to the within matter;that
he makes this affidavit as attorney because he has sufficient knowledge or information
and belief,based upon his investigation of the matters averred or denied in the foregoing
document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Mark F. Bayley, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER .
MA"PTSO N WILLIAM F MARI-SON DA,gD A. FITZSIMONS
�` JOHN B.FOWLER III CHRISTOPHER E.RICE
LAW OFFICES DANIEL K.DEARDORFF JENNIFER L..SPEARS
THOMAS J.WILI.IAMs* SETH T.MOSEBEY
hro V.0-1-ro III KATIE J.MASkvru
10 EAST HIGH STREET HUBERT Y-GILROY R.C.VANL.ANDINGHAM
CARLISLE,PENNSYLVANIA 17013 GEORGE B.FALLER JR.*
TELEPHONE (717)243-3341 *BOARD CERTIFIED CIVIL TRIAL,SPECIALIST
FACSIMILE (717)243-1850
INTERNET wwwmartsonlawcom
March 28, 2013
Mark.F. Bayley, Esquire
BAYLEY & MANGAN
I TWest South Street
Carlisle, PA 1701.3
RE: - E&G Services, Inc. v. Battlestone Steel, LLC
No. 2012-7447
Our File No. 11873.1.5
Dear Mark:
Our client is not interested in providing a reduced demand. Therefore, unless your client
wants to make an offer for settlement,we are going to proceed with this case. We will wait five days
to hear from you before moving forward.
Very truly yours,
MA.RTSON LAW OFFICES
lChristopher E. Rice
CER/mmp
cc: E&G Services, Inc.
FAFILES\Clicnts\11873 EBG Semic&.11873.15 Batilesione Siccl\11873J5.mbl.wpd
EXHIBIT
aA
1,N FORMATION ADVICE ADVOCACY SM
Bayley 8v Mangan
ATTORNEYS AT LAW
17 West South Street
Carlisle,Pa 17013
Mark F.Bayley,Esquire Telephone:(717)241-2446
John J.Mangan,III,Esquire Fax: (717)241-2456
Brian O:Williams,Esquire
Connie J.Gibson,Secretary
April 3, 2013
Christopher Rice, Esquire
10 East High Street
Carlisle, PA 17013
RE: E & G Services,Inc.v. Battlestone Steel,LLC
Dear Chris:
Thank you for your recent letter.If your client would kindly provide us with itemized
invoices we would then certainly be in the position to make a settlement offer.
Sincerely,
Mark F. Bayley,Esquire
cc: Battlestone Steel,LLC
CJG/
EXHIBIT
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04/11/2013 08:50 717-243-1850 MARTSON LAW PAGE 01/01
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April 11,2013
VIA FACSIMILE: 241-2450
Mark F. 13ay1'ey,Esquire
BAY LEY &MANGAN
17 Wcst South Street
Carlisle,,PA 17013
E&G SmiQes, Inc. v.Battiestone Steel,LLC
No.2012-7447
Our File No. 11873.15
Dear Mark:
We plan to list this matter for arbitration by Friday unless yvu state otbeTwisc.
Very truly yours,,
MARTSON LAW OFFICES.
c
Christopher E.Rice
' CGR/mrnp
cc: F&G Services, Inc.
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EXH BIT
INF0 It MAT 7. Avvo CACA'
Q
Bayley 8s Mangan
ATTORNEYS AT LAW
17 West South Street
Carlisle,Pa 17013
Mark F.Bayley,Esquire Telephone:(717)241-2446
John J.Mangan,III,Esquire Fax: (717)241-2456
Brian O.Williams,Esquire
Connie J.Gibson,Secretary
April 11, 2013
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
(Via First Class Mail &Fax: 243-1850)
RE: E&G Services, Inc. vs. Battlestone Steel, LLC
Dear Chris:
I previously requested itemized invoices which we have not yet received. Once we
review the same my client will be in position to determine whether or not additional discovery
will be necessary.
I would prefer to proceed with discovery informally but would be happy to do it formally
' if you wish. In any event, any request to list the matter for arbitration prior to the completion of
discovery will be opposed.
Sincerely,
VarkF. Bayley, Esquire
EXHIBIT
Uj
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04/11/2013 11:04 717-243-1850 MARTSON LAW PAGE 01/01
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April 11,201.3
VIA FACSIMILE: 241-2456
Mark F. Bayley,Esquire
BA"TLEY&MANGAN
1.7 West South Street
Carlisle,PA 17013
M: F-&-G Services, Inc. v. Battlestonc Steel,LLC
No. 2012-7447
Our File No. 11873.15
Dear Mark;
Thank you for you response. Please proceed with.formal discovery requests to our office by
the end of next week. After that time, if nothing is received, we are going to list this matter for
arbitration.
Out clients are not in terested in further. explaining the char ger
that were incurred since this
is the first time, after 7 months., that your client has even responded with a request for more
information. We see this as a delay tactic only.
Very truly yours,
MARTSON LAW OFFICES
Chci.stopher E. Rice
CER/Mmp
cc: E&G Service.-,,Inc. (w/enc. of letter dated April 11,2013)
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EXHIBIT
0 R M A T I ID N V 0 C A C. Y sy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA b
t co
xrn
� r
E&G Services, Inc. r
Plaintiff )> -Zy
vs No. 201 7447 F I Te% CD
---i F10 T:.
—< -
BATTLESTONE STEEL, LLC
Defendant
Rule 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE,THE JUDGES OF SAID COURT:
Christopher E. Rice, Esquire, attorney for Plaintiff
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$14,81.8.23
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: Mark F. Bayley, Esquire
WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the
case shall be submitted.
Respectfully submitted,
MART ON LAW OFFICES
By: t
rest p eegr 1 ice, squire
I.D. N?0 EasfPHigh St. , Carlisle, PA 17013
ORDER OF COURT
�AND -NOW, wau 20 13, in consideration of the., foregoing petition,
( � ,t Esq., and Esq., and
'71ed �L� Esq., are appointed arbitrators in the above captioned action (or
actions) as prayed for.
By the Court, c
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KEVEN A HESS, P.J. �I-�,
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E & G SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff - : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 2012-7447
BATTLESTONE STEEL, LLC,
Defendant
REQUESTS FOR THE PRODUCTION OF DOCUMENTS BY DEFENDANT
DIRECTED TO PLAINTIFF
To: E& G Services, Inc.
C/O Christopher E. Rice, Esquire '
10 East High Street
Carlisle, PA 17013
Defendant,by and through its counsel, hereby propound the following Requests for the
Production of Documents pursuant to the Pennsylvania Rules of Civil Procedure. You must serve
a written response and produce the documents requested to Mark F. Bayley, Esquire, at the
offices of Bayley & Mangan, 17 West South Street, Carlisle, PA 17013, within thirty days of
service of these requests.
Instructions
The following document requests require you to produce all responsive documents in
your possession, custody or control. This means that you must produce all documents that are
responsive to a particular request that are in your possession (regardless of whether you are the
owner of the documents) as well as documents over which you have control, even if such
documents are not in your possession, such as those in the possession of your agents and/or
employees, including your attorney(s).
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EXHIBIT
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Each of the following document requests is intended as a separate request. In the event a
given request contains subparts, you are to respond to each subpart separately and in full. All
documents responsive to these requests shall be produced in whole and complete form regardless
of whether portions of any given document may contain unrequested information. Your
production shall include,in addition to final versions of a document, all drafts, versions or copies
of a document that differ in any regard (whether due to handwritten notations, subsequent
revisions, or otherwise) from the original version, the final version or other produced copy.
In connection with responding to these requests, you are required to make a diligent
search of all relevant files and records within your possession, custody or control to ascertain
whether responsive documents exist. Your agents, employees and attorneys must do the same
with regard to relevant files and records over which you are entitled to exercise control.
If you object to any request, please state the objection and fully set forth the factual basis
supporting the objection. You are reminded that you may be deemed to have waived any
objection that is not timely lodged within the 30-day period prescribed by Rule 4009(b)(2) of the
Pennsylvania Rules of Civil Procedure. If you withhold from production any otherwise
responsive document on the basis of attorney-client, attorney work product or other applicable
privilege, you must prepare and produce .a privilege log that provides the following information:
a. The date of the document;
b. The author of the document;
c. The identity of each person who prepared or participated in the preparation of
the document;
d. The identity of each person who received the document;
e. The identify of each person from whom you received the document;
f. The present location of the document and all copies thereof,
g. The identity of each person who has ever had possession, custody or control
of the document or a copy of the document; and
h. A description of the document providing sufficient information concerning the
document's nature and the circumstances of its creation to justify the claim of
privilege.
Absent a legitimate claim of privilege or other legal objection sufficient to support a
decision to withhold documents from production, you must produce all documents responsive to
the following requests. Failure to produce responsive documents, the destruction of responsive
documents, or any other spoliation of evidence in this case can subject you to sanctions in this
matter, potentially including.monetary sanctions and orders adversely affecting your ability to
present your claims/defenses.
Finally,the following requests are continuing in nature; your responses must be promptly
modified and/or supplemented as appropriate in the event you and/or agents (including your
attorney(s)) discover and/or obtain additional responsive documents at any time between service
of your responses and the conclusion of trial.
Definitions
The following definitions shall apply to terms used throughout these Requests for the
Production of Documents and such terms should be construed consistent with the following.
definitions unless the context in which the term is used clearly calls for a different construction.
The document requests herein are intended to be as broad enough to capture all documents that
may be of potential relevance to the subject matter of the request. In the event a request is subject
to multiple interpretations, you should interpret the request according to its broadest reasonable
construction. Similarly,throughout these requests, you should interpret verbs used in the singular
as including their plural.
As used throughout these requests, the term "document" shall refer to and/or mean any
and all written,printed, typed, recorded, or graphic matter,however produced, preserved or
reproduced, including,but not limited to, correspondence, contracts, agreements, notes,
memoranda, analyses,projections, indices, work papers, studies, reports, certificates, surveys,
diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other
writing (including copies of any of the foregoing, regardless of whether you are now in
possession, custody; or control of the original) currently in your possession, custody, or control,
or in the possession, custody, or control of your former or present counsel, agents, employees,
officers, insurers, or any other person acting on your behalf. The term"document" specifically
includes data preserved in electronic form of any variety, including,but not limited to, files
stored on hard drives,network attached storage (NAS) drives, cloud storage, web storage, floppy
disks, compact discs, digital versatile discs (DVDs),blu-ray discs (BDs), flash drives, zip drives,
tape drives, memory cards, SIM cards, memory sticks, tape backup units, audio tapes, and/or
digital audio recorders, as well as files, information'and/or commentary for which you are
responsible that appears or is stored in any location accessible via the internet, including,but not
limited to websites, blogs, forums, and/or chat rooms.
The term "communication" as used herein shall refer to and/or mean the transmittal or
receipt of information by any means, the process of transmittal or receipt, and the information
transmitted or received.
The term "person" as used herein shall refer to and/or mean any individual,partnership,
joint venture, firm, association, corporation, franchisee or business or any other governmental or
legal entity.
The terms "relate to", "related to", "relating to", or"in relation to" shall be broadly
construed to include the concepts represented by the following terms and phrases: associated
with, in connection with,referring to, constituting, reflecting, representing, supporting,
contradicting, stating, describing, recording, noting, memorializing, embodying, containing,
mentioning, studying, analyzing, discussing, evaluating, relevant to, and/or pertaining to.
The term"Plaintiff' shall refer any and all agents and/or employees of Plaintiff.
REQUESTS FOR THE PRODUCTION OF DOCUMENTS
1. Provide copies of all documents related to goods/materials and services and the above
captioned matter provided in Cumberland County by the Plaintiff for the Defendant's benefit
including, but not limited to, contracts, invoices for materials and costs, time sheets,
agent/employee compensation, correspondence with agents/employees, and any other documents
of any kind associated with said goods and services.
2. Provide copies of all documents related to goods/materials and services and the above
captioned matter provided in York County by the Plaintiff for the Defendant's benefit including,
but not limited to, contracts, invoices for materials and costs, time sheets, agent/employee
compensation, correspondence with agents/employees, and any other documents of any kind
associated with said goods and services.
3. Provide copies of reports of any expert witnesses Plaintiff intends to call at trial.
4. Provide copies of all documents referenced by Plaintiff in Plaintiff's response to
Interrogatories by Defendant Directed to Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Answers to Document Requests 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 Full Name:
Title:
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the
foregoing document upon the following by First Glass ?4 on the date indicated below:
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
�--� Mark F. Bayley, Esquir
E &G SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 2012-7447
BATTLESTONE STEEL, LLC,
Defendant
INTERROGATORIES BY DEFENDANT DIRECTED TO PLAINTIFF
To: E& G Services, Inc.
CIO Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
Defendant,by and through its counsel,hereby propound the following interrogatories
pursuant to the Pennsylvania Rules of Civil Procedure. You must serve written response to these
interrogatories on Mark F. Bayley, Esquire at 17 West South Street,Carlisle, PA 17013, within
thirty days of service of these interrogatories.
Instructions
The following interrogatories require you to provide information in your possession,
custody or control, including information known to your employees and agents (including your
attorney(s)). Each of the following interrogatories is a separate interrogatory. In the event a given
interrogatory contains subparts, you are to respond to each subpart separately and in full.
If you object to any interrogatory, please state the objection and fully set forth the factual
basis supporting the objection. You are reminded that you may be deemed to have waived any
objection that is not.timely lodged within the 30-day period prescribed by the Pennsylvania
Rules of Civil Procedure. Absent a legitimate claim of privilege or other legal objection
EXHIBIT
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sufficient to support a decision not to respond to an interrogatory, you must respond fully and
completely to each of the following interrogatories.
When asked to"describe in detail" any act, event, communication, meeting,
conversation,discussion, comment, operation,practice, process, and/or procedure, your response
must include, without limitation, the following information with respect to each act, event,
communication,meeting, conversation, discussion, comment, operation,practice,process, and/or
procedure:
a. The identities of the parties involved;
b. A detailed factual description and/or substance of the act, event, communication,
meeting, conversation, discussion, operation, practice,process, and/or'procedure,
including the content of the communication, meeting, conversation, discussion
and/or comment, and your response thereto, if any;
c. The dates of each act, event, communication, meeting,conversation, discussion,
comment, operation, practice, process, and/or procedure;
d. All witnesses to the act, event, communication,meeting, conversation, discussion,
comment, operation,practice,process, and/or procedure; and
e. Any documents that relate to or confirm the act, event, communication,meeting'
conversation, discussion, comment, operation,practice,process,and/or procedure..
When asked to "identify" (or any variant thereof) an individual(s),your response should
include, without limitation,the following information with respect to each individual identified:
a. Full name, or, if not known, such sufficient descriptions so that he or she will be
identified to the recipients of your answer;
b. Present or last known employer or other business affiliation;
c. Present or last known title or position;
d. Present or last known (with indication of the date of that last knowledge) home or
residence address;
e. Present or last known (with indication of the date of that knowledge)business
address; and
f Business telephone number, if any, and residence telephone number.
Once a person has been identified, only the name of the person need to be listed in response to
subsequent interrogatories requesting the identity of that person.
When asked to "identify"(or any variant thereof)a corporation, partnership,
proprietorship, association or other entity, your response should include,without limitation,the
following i.nformation with respect to each corporation,partnership,proprietorship, association
or other entity identified:
a. The type of document(e.g. memorandum,letter, employment application, etc.);
b. It's date, or if no date appears on its face,the approximate date on which it was
prepared;
c. The identity of its author and, if different, the originator and signatory;
d. The title,heading or other designation, numerical or otherwise, of the document;
e. The identity of each addressee or recipient, or the identity of each person (or,if
widely distributed, the organization or classes or persons)to whom the document
was sent;
f, The present or last known location of the document and of each copy;
g. The identity of the person presently having custody of it; and
h. A detailed description of the substance of the document.
If any such document was,but no longer is, in your possession or subject to your control,
identify it as set forth herein and state the disposition of the document, the reason for such
disposition and the date of the disposition.
If you cannot fully respond to the following interrogatories-after exercising due diligence
to secure the information necessary to do so,respond to the fullest extent possible, specifying
your inability to answer the specific portion of the interrogatory you cannot answer and
providing whatever information or knowledge you have concerning the unanswered portions.
Finally,the following interrogatories are continuing in nature; your responses must be
promptly modified and/or supplemented in the event that information you would have otherwise
provided in your responses is obtained subsequent to the service of your responses and prior to
the conclusion of trial.
Definitions
The following definitions shall apply to term used throughout these interrogatories and
such terms should construed consistent with the following definitions unless the context in which
the term is used clearly calls for a different construction. The interrogatories herein are intended
to be broad enough to capture all information that may be of potential relevance to the subject
matter of the interrogatory. In the event an interrogatory is subject to multiple interpretations,
you should interpret the request according to its broadest reasonable construction. For example,
you should, in all instances, construe verbs used in the singular as including their plural; construe
the terms "and"and"or" as meaning"and/or"; construe any gender-specific pronouns as
including all other gender-specific pronouns; and construe the terms"any", "each", "all" and
"every"as meaning"any/each/all/every".
As used throughout these interrogatories, the term"document" shall refer to and/or mean
any and all written, printed, typed,recorded, or graphic matter,however produced,preserved or
reproduced, including,but not limited to, correspondence, contracts, agreements, notes,
memoranda, analyses,projections, indices, work papers, studies,reports, certificates, surveys,
diaries, calendars, films, photographs, diagrams, drawings,minutes of meetings, or any other
writing (including copies of any of the foregoing,regardless of whether you are now in
possession, custody, or control of the original) currently in your possession, custody, or control,
or in the possession, custody, or control of your former or present 'counsel, agents, employees,
officers, insurers, or any*other person acting on your behalf. The term"document" specifically
includes data preserved in electronic form of any variety,including,but not limited to, files
stored on hard drives,network attached storage (NAS)drives, cloud storage, web storage, floppy
disks, compact discs,digital versatile discs (DVDs) blue-ray discs(BDs), flash drives, zip drives,
tape drives,memory cards, SIM cards,memory sticks, tape backup units, audio tapes, and/or
digital audio recorders, as well as files, information and/or commentary for which you are
responsible that appears or its stored in any location accessible via the internet, including,but not
limited to, LLC websites,blogs, forums, and/or chat rooms.
The term "communication" as used herein shall refer to and/or mean the transmittal or
receipt of information by any means,the process of transmittal or receipt, and the information
transmitted or received.
The term "person"as used herein shall refer to and/or mean any individual,partnership,
joint venture, firm, association, corporation,-franchisee or business or any other governmental or
legal entity.
The term "relate to", "related to", "relating to", or"in relation to" shall be broadly
construed to include the concepts represented by the following terms and phrases; associated
with, in connection with,referring to, constituting,reflecting,representing, supporting,
contradicting, stating, describing, recording, noting,memorializing, embodying, containing,
mentioning, studying, analyzing, discussing, evaluating, relevant to, and/or pertaining to.
As used herein,the term "concerning"means relating to, referring to, describing,
evidencing or constituting.
The term "Plaintiff" shall refer any and all agents and/or employees of the Plaintiff.
INTERROGATORIES
1. State and identify all past or present agents and employees of Plaintiff that were
involved in any way with goods/materials and services provided to the Defendant in Cumberland
County. (See and comply with the definition of"identify" among other definitions set forth
above).
ANSWER:
2. Itemize and describe in detail all goods/materials and services that were provided
to the Defendant in Cumberland County. For each item identify:
a. The agent and/or employee that provided any particular material or service;
b. The date and amount of time spent on any particular service/task; and
c. . The market value of any listed goods/materials.
ANSWER:
3. Describe in detail any agreements, oral or written, that Plaintiff avers were
made with Defendant in relation to goods/materials and services that were provided in
Cumberland County.
ANSWER:
4. State and identify all past or present agents and employees of Plaintiff that
were involved in any way with goods/materials and services provided to the Defendant in
York County. (See and comply with the definition of"identify" among other definitions
set forth above).
ANSWER:
5. Itemize and describe in detail all goods/materials and services that were
provided to the Defendant in York County. For each item identify:
a. The agent and/or employee that provided any particular material or
service;
b. The date and amount of time spent on any particular service/task; and
c. The market value of any,listed goods/materials.
ANSWER:
6. Describe in detail any agreements, oral or written, that Plaintiff avers were
made with Defendant in relation to goods/materials and services that were provided in
York County.
ANSWER:
7. State, identify, and describe in detail any compensation, referral fees, or
any other item of value that was provided to any third person or party by the Plaintiff that
in any way relates to goods/materials and services provided to the Defendant in relation
to the above captioned matter.
ANSWER:
8. Did any of Plaintiff's agents and/or employees have any contact, business
relationship, business dealing, and/or personal relationship with Justin Crider prior to
Plaintiff's involvement with the Defendant. If so, identify all applicable individuals and
describe in detail what contact,business relationship,business dealing, and/or personal
relationship was involved with each individual listed.
ANSWER:
J
9. Describe in detail what involvement Plaintiff's agents and/or employees
had with Justin Crider regarding in any way the purchase and/or acquisition of electrical
materials involved in any way with the job site at 50 Spring Road, Carlisle.
ANSWER:
VERIFICATION
I verify that the statements made in the foregoing Answers to Interrogatories 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 Full Name:
Title:
C
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the
foregoing document upon the following by on the date indicated below:
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
Mark F. Bayley, Esquire
E & G SERVICES, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA N
V. : NO. 2012-7447
BATTLESTONE STEEL, LLC,
Defendant
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire do hereby certify that I this day served a copy of the
forgoing document upon the following by depositing same in the United States mail,
postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
Elizabeth B. Stone, Esquire
3507 Market Street, Suite 303
Camp Hill, PA 17013
(& via Fax: 909-1501)
Mark F. Bayley, Esquire
E& G SERVICES, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. :-NO. 2012-7447
BATTLESTONE STEEL, LLC,
Defendant
'ORDER OF COURT
AND NOW, this day of Al 2013,upon
consideration of the Defendant's Motion to Vacate Order entered May 6, 2013,the
arbitrators appointed by order dated May 6, 2013 shall defer scheduling of an arbitration
until both parties certify that discovery is complete or pending further order.
BY THE COURT:
Hon. evin A. Hess
CC. 34drk F. Bayley, Esq.
Christopher E. Rice, Esq.
-,"'E'lizabeth B. Stone, Esq.
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I.D.Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Lnr-
MARTSON LAW OFFICES
Ten East High Street c-,
Carlisle, PA 17013 W
717-243-3341
Attorneys for Plaintiffs co
E & G SERVICES, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012 - 7447 CIVIL TERM
BATTLESTONE STEEL, LLC,
Defendant
PLAINTIFF'S MOTION TO VACATE ORDER
DATED MAY 14, 2013 and PROCEED TO ARBITRATION
AND NOW, comes the Plaintiff, E&G Services, Inc., by and through its attorneys
MARTSON LAW, and files this Motion to Vacate Order dated May 14, 2013, and Proceed to
Arbitration and in support thereof avers as follows:
1. On April 11,2013,Plaintiff contacted Defendant stating they were going to list this
matter for arbitration unless Defendant planned to conduct discovery.
2. The Defendant responded that he was intending to conduct formal discovery and
Plaintiff asked that it be submitted by the end of the following week (being April 19, 2013);
otherwise,Plaintiff would proceed and would list this matter for arbitration.
3. Thereafter, no discovery was provided by Defendant and Plaintiff moved forward
with listing the matter for arbitration on May 1, 2013, nearly three weeks after the last
correspondence to Defendant.
4. This Court entered an Order on May 6, 2013, appointing arbitrators.
5. On May 9,2013,Defendant filed a Motion to vacate the Order entered May 6,2013.
6. The Honorable Kevin A.Hess previously entered an Order on May 14,2013,vacating
the Order dated May 6, 2013, and deferring the arbitration until both parties certified discovery is
complete or pending further Order. The Order is attached as Exhibit"A."
7. Thereafter, formal discovery requests were sent by Defendant to Plaintiff.
8. Plaintiff answered the discovery requests and returned them on June 18, 2013.
Plaintiff also requested whether any additional discovery would be needed or if we could certify to
the Court that the parties were ready to proceed to arbitration.
9. On June 21,2013,Defendant notified Plaintiff that they would review the responses
and let Plaintiff know how they were going to proceed in the future.
10. On July 10,2013,after receiving no further response from Defendant,Plaintiff called
Defendant's attorney, who was on vacation and would not be returning to the office until July 15.
11. A letter followed from Plaintiff dated July 10, 2013, stating that Defendant contact
us upon his return to determine whether any further discovery would be needed.
12. On July 17, 2013, again after not hearing from the Defendant, Plaintiff contacted
Defendant to determine whether any further discovery would be conducted or if this matter certified
to proceed to arbitration.
13. Defendant's counsel responded that he would respond in a few weeks as this was not
a priority right now.
14. This is a priority for Plaintiff as Plaintiff has not been paid for nearly one year and
believes that this is a continued delay tactic by the Defendant who continues to operate at the job site
in which Plaintiff provided services.
15. Plaintiff believes that if Defendant completes the work at the job site and leaves the
general area, it will be harder for Plaintiff to recover.
16. Plaintiff is requesting that this Court vacate its Order dated May 14, 2013, and
provide a firm deadline of August 1, 2013,to finalize all discovery by the parties and thereafter,
allow the arbitration to be scheduled.
17. Defendant's counsel does not concur with this Motion.
WHEREFORE,Plaintiff requests that the Order of Court dated May 14,2013,is vacated,that
a discovery deadline of August 1, 2013, is implemented, and that the Board of Arbitrators be
authorized to proceed with scheduling an arbitration after August 1, 2013.
MARTSON LAW OFFICES
7 op
By.
Christopher E. Rice,Esquire
10 East High Street
Carlisle,PA 17013
t (717)243-3341
-7,
Date: Attorneys for Plaintiff
t
CERTIFICATE OF SERVICE
I,Mary M.Price,an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller,
hereby certify that a copy of the foregoing Motion to Vacate Order was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mark F. Bayley, Esquire
BAYLEY & MANGAN
17 West South Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By
M. Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: / /�
E& G SERVICES, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION—LAW
NO. 12-7447 CIVIL
BATTLESTONE STEEL, LLC,
Defendant
ORDER
AND NOW,this -Z-7� day of July,2013, a discovery conference is set for Friday,
July 26, 2013, at 3:30 p.m. in Chambers of the undersigned.
BY THE COURT,
Kevin . Hess, P. J.
/Christopher E. Rice, Esquire
For the Plaintiff `
,/Mark F. Bayley, Esquire
For the Defendant
/Elizabeth Stone, Esquire c-z
Chairman, Board of Arbitrators
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E& G SERVICES, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION—LAW
NO. 12-7447 CIVIL
BATTLESTONE STEEL, LLC,
Defendant
ORDER
AND NOW, this Z4 day of July, 2013, following conference with counsel in
Chambers, the following case management order is entered:
1. Written discovery will be concluded in this case within fourteen(14) days;
2. Depositions will be concluded in this matter on or before the close of business on
September 16, 2013;
3. All discovery in this matter will-be completed on or before October 1, 2013; and
4. Thereafter, either party may submit a proposed order for the scheduling of an
arbitration pursuant to our order of May 14, 2013.
BY THE COURT,
Kev' Hess, P. J.
Christopher E. Rice, Esquire
For the Plaintiff c .�^
/Mark F. Bayley, Esquire �- C
For the Defendant , < ' `° CD Cs
f Elizabeth Stone, Esquire 0 _o - '
Chairman, Board of Arbitrators
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E& G SERVICES, INC., • IN THE COURT OF COMMON PLEAS OF
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
vs. • CIVIL ACTION—LAW
•
NO. 12-7447 CIVIL
BATTLESTONE STEEL, LLC, •
Defendant
ORDER
AND NOW, this .5~` day of November, 2013, the appointment of a Board of
Arbitrators in the above-captioned case is VACATED. Elizabeth Stone, Esquire, Chairman,
shall be paid the sum of$50.00.
BY THE COURT,
Kevi Hess, P. J.
/Elizabeth Stone, Esquire
Court Administrator
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Christopher E. Rice, Esquire
I.D. Number 90916 CUMBERLAND BEf�LAh`D COUNT+Y
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
E & G SERVICES, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2012 - 7447 CIVIL TERM
BATTLESTONE STEEL, LLC,
Defendant
PRAECIPE
To the Prothonotary:
Please mark the above-captioned matter settled and discontinued.
MARTSON LAW OFFICES
By: r.--42:4# 57
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: //—' /3 Attorneys for Plaintiff
� 1
CERTIFICATE OF SERVICE
I,Mary M. Price,an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller,
hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mark F. Bayley, Esquire
BAYLEY& MANGAN
17 West South Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By 1 ' / l 6;144e%
Vn M. Price
East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: /1/7/13