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HomeMy WebLinkAbout14-0371 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 81 37/ / NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ — Alex Smiley d /b /a Smiley Construction 09 -1 -03 Richard S. Dougherty ADDRESS OF APPELLANT CITY STATE ZIP CODE 3 N. Front St., P.O. Box EOF(Ptant,>� 999 Harrisburg PA 17 (Defendant)' 12120/13 Service 1st Restoration & Remodelirla Alex Smiley d /b /a Smiley Construction DOCKET No. SIGNATURE OF AP LLANT OR ATTOR Y OR AGENT MJ- 09103 -CV- 0000202 -2013 4 eAi This block will be signed ONLY when this notation is required under Pa a p /ant was (see Pa. R.C.P.D.J. No_ 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Service 1st Restoration & Remodeling LLC appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. I C Iv / - �Cl jk within twenty (20) days after service of rule or suffer ent of judgment of non pros. Si nature f appellant or attorney or agent /� at��e c,J � • �� ear �cT' I ?7. � 3 !� 10 RULE: To Service 1st Restoration & Remodeling, LLC , appellee(s) Name ofappellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was mailing. Date: 20 7 a)�tk C t ! i ; VP Il j � Sign .'" of Prothonotary or Deputy •_., r) f'l..; YOU MUST INCLUDE A COPY OF THE NOTICE &,J �lbGN7EI TJTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. VIA13. �y AOPC 312 -05 C� �� 0 d ��' COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil ' COUNTY OF CUMBERLAND Case } a Mag, Dist. No: MI)J -MI -03 Service 1st Restoration & Remodeling, LLC MDJ Name: Honorable Richard S. Dougherty 1 / V. C Address: 98 South Enola Drive, Suite 1 I �y( U e � r Alex Smiley Er}ola,PA 17025 �(�d�-to f • i7a �7 Telephone: 717- 728 -2806 I Alex Smiley Docket No: MJ- 09103 -CV -0000202 -2013 I� dba Smiley Construction Case Filed: 10/1712013 I 61 Blacksnake Rd { Duncannon, PA 17020 k Disposition Summary (cam- CrossC Docket No Plainti Defendant Disposition Disposition Date MJ- 09103 -C" 000202 -2013 Service 1st Restoration & Alex Smiley Judgment for Plaintiff 1212MO13 Remodeling, LLC Judgment Summary I[ - Participant JojntlSeveral t_ ability Individual Uabill A wnpu Ed Alex Smiley $0.00 $5,726.55 $5,726.55 Service 1st Restoration & Remodeling, LLC $0.00 $0.00 $0.40 J u dgment Finding ( 'PostJudgment) _ ..._........ .._.. In the matter of Service ist Restoration & Remodeling, LLC vs. Alex Smiley on MJ- 09103 -CV- 00002022013, on 12120/2013 the judgment was awarded as follows: Judgment Comoonent Joint/Several Liability lndiyidual Liability DppositF App ied ,Ar Q11PA I Civil Judgment $0.00 $5,569.05 $5,569.05 Filing Fees $0,40 $157.54 $157.50 Grand Totat: $5,726.55 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 3o DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH j THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF I ! 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 RE=QUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DE13TOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. K. � R I k� 1 S DEC 2 0 2013 Date Magisterial district Judge t at this is a an correct copy of e record o the proceedings con mini a lu gmen i Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed 12120/2013 10:18 :52AM 2014 Jo 22 rill 1: 06 C1-111Br?"AID PEW PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby(swear)(affirm)that I served © a copy of the Notice of Appeal,Common Pleas No. 14-371 ,upon the Magisterial District Judge designated therein on (date of service) 1t20 , 20 14 , ❑ by personal service 0 by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee, (name) 5erv1eIa on 1/20 2014 by personal service 0 by(certified)(registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME THIS 20th DAY OF January 20 14 /1,id& Signature of official before whom affidavit was made ig ature o� NOTARIAL SEAL HEIDI G BROOKES Notary Public LOWER PAXTON TWP,DAUPHIN COUNTY My Commission Expires Jul 20.2014 Title of official My commission expires on;Tv 1 ,20 /Y AOPC 312A-05 4 Charles 0. Beckley, II, Esquire Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 t TiJtE T1'..10;.0 TAR 2!'.11L1 12: :".")9 CUI-113ERLAND COUNTY PENNSYLY'AiA Attorneys for Plaintiff, Service 1" Restoration and Remodeling, LLC SERVICE 1ST RESTORATION AND REMODELING, LLC, v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA : CIVIL ACTION - LAW ALEX SMILEY, d/b/a SMILEY CONSTRUCTION, Defendant : NO. 14-371 Civil Term NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or any other claim for relief requested by the Plaintiff. You may lose money or property or other right important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT HAVE A LAWYER CONTACT: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Charles 0. Beckley, II, Esquire Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 -1998 (717) 233 -7691 Attorneys for Plaintiff, Service 1St Restoration and Remodeling, LLC SERVICE 1ST RESTORATION AND : IN THE COURT OF COMMON PLEAS REMODELING, LLC, : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. : CIVIL ACTION - LAW ALEX SMILEY, d /b /a SMILEY CONSTRUCTION, Defendant : NO. 14 -371 Civil Term COMPLAINT AND NOW comes the Plaintiff, Service 1St Restoration and Remodeling, LLC, who, by and through its attorneys, Charles O. Beckley, II, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, and in support thereof, avers as follows: 1. Plaintiff, Service 1st Restoration and Remodeling, LLC ( "Service 1St "), is a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania, with a business address of 1441 Stoneridge Drive, Middletown, Pennsylvania 17057. 2. Defendant is Alex Smiley ( "Smiley "), who trades and does business as Smiley Construction, and has a business address of 61 Blacksnake Road, Duncannon, Pennsylvania 17020. 3. Upon information and belief, at some point in 2012 or 2013, Smiley entered into a written contract with the owners of the real property located at 215 North 25th Street, Camp Hill, Pennsylvania (the "Property") in which Smiley agreed to make certain improvements to the Property. The Property is a private residential dwelling. Service 1st does not have a copy of the contract between Smiley and the owners of the Property in its possession, custody or control. 4. On or about May 21, 2013, Smiley damaged a water line in or to the Property which caused damage to the Property. 5. Shortly after causing the damage to the Property, Smiley requested Service 1st to make Emergency Repairs to the Property on account of the water damage caused by the broken water line. 6. Pursuant to Smiley's request, Service 1St promptly made the emergency repairs to the Property and provided Smiley with a detailed invoice in the amount of $6,540.27 for the cost of the emergency services. The invoice Service 1st provided is attached hereto as Exhibit A. 7. After performing the emergency services, Smiley then requested Service 1 st to make other repairs to the Property which were necessitated by the damage caused to the Property by the broken water line. 8. Pursuant to Smiley's request, Service 1st performed the additional work and provided Smiley with a detailed invoice in the amount of $8,395.44 for the cost of doing the additional repairs to the Property. The invoice Service 1st provided is attached hereto as Exhibit B. 9. In total, Smiley agreed to pay to Service 1st the sum of $14,935.71 for its work on the Property. 10. To date, Service 1st has received the sum of $9,366.66, leaving a balance due of $5,569.05 for its work on the Property. 11. The amount demanded does not exceed the amount required for arbitration. 12. Smiley accepted the materials and labor supplied by Service 1s. 2 13. Service 15t has satisfied all conditions precedent to payment, and has otherwise performed all conditions on its part to be performed. COUNT I — BREACH OF CONTRACT 14. Service 1St hereby incorporates the preceding paragraphs of this Complaint as though set forth here at length. 15. Smiley has failed and refused to pay in full for the materials and services supplied by Service lst, leaving a principal balance due and owing of $5,569.05. WHEREFORE, Plaintiff, Service 1St Restoration and Remodeling, LLC, respectfully requests the Court to enter judgment in its favor and against Defendant, Alex Smiley, t/d/b /a Smiley Construction, in the principal amount of $5,569.05, plus interest and attorneys fees as allowed by law. COUNT II — UNJUST ENRICHMENT 16. Service 1St hereby incorporates the preceding paragraphs of this Complaint as though set forth here at length. 17. The amount demanded represents the fair and reasonable value of the materials and labor provided by Service 1st to Smiley. Smiley requested and accepted Service l st's materials and services, but has refused to pay in full for them. 18. It would be unjust to allow Smiley to retain all the materials and services Service 1St provided without having to pay for them. WHEREFORE, Plaintiff, Service 1St Restoration and Remodeling, LLC, respectfully requests the Court to enter judgment in its favor and against Defendant, Alex Smiley, tld/b/a Smiley Construction, in the principal amount of $5,569.05, plus interest and attorneys fees as allowed by law. DATED: March 20, 2014 Respectfully submitted Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 4 Thomas S. Beckley, Esquire Attorneys for Plaintiff Service 1st Restoration & Remodeling, LLC VERIFICATION 1, Jaime Novinger - Toigo, hereby verify that I am an adult individual, that 1 am authorized to make this statement on behalf of Service 1st Restoration & Remodeling, LLC, that I have read the foregoing document, and that the facts set forth in the foregoing document are true to the best of my knowledge, or information and belief. I understand that false statements herein are made subject to the penalties of 18. Pa.C.S. § 4904 relating to unsworn falsification: to authorities. Service 1st Restoration & Remodeling, LLC By: '! _:.44/� 441■ . /w,/ ovinge - Toig•j,'.resident 5 SERVICE1 RESTORATION FIRE 2 WiTEk Service 1st Restoration & Remodeling 1441 Stoneridge Drive Middletown PA 17057 717 - 232 -5444 Tax ID #11- 3712523 / PA035011 Mercantile License #25977 -0 Client: Smiley Construction (Alex Smiley) Property: 215 North 25th Street Camp Hill, PA 17011 Billing: 61 Blacksnake Road Dunncannon, PA 17020 Operator Info: Operator: AMOS Estimator: Amos E Martin Position: Estimator Company: Service 1st Restoration and Remodeling Business: 1441 Stoneridge Drive Middletown, PA 17057 Type of Estimate: Water Damage Date Entered: 5/28/2013 Price List: PAHA7X_APR13 Restoration/Service/Remodel Estimate: 3660ES- SMILEY -CONST Date Assigned: 5/21/2013 EMERGENCY SERVICE DOCUMENTATION OF WORK PERFORMED Cellular: (717) 433 -7152 Thank you for choosing Service 1st Restoration. The following document is a detailed report of the work that was performed during the emergency services in your home /office or property listed above and will be invoiced upon completion. If you have any questions or concerns please contact your assigned representative from Service 1st Restoration. Thank You, Amos E Martin amartin@servelst.com Estimator Service 1st Restoration (717) 232 -5444 ROOM : Living Room Subroom 0: Living Room Subroom 2: STAIRS Subroom 3: STAIRS1 Subroom 1: STAIRS2 3660ES- SMILEY -CONST Main Level 8.0 - Ceiling Height 17.0 - Ceiling Height 17.0 - Ceiling Height 17.0 - Ceiling Height Floor SF = 330.32 SF Walls SF = 690.35 SF Walls & Ceiling SF = 1,001.46 SF Perimeter of Ceiling = 93.00 LF DESCRIPTION QNTY UNIT COST TOTAL NOTE: The following items are for the inital drying setup. 1. Dehumidifier (per day) - XLarge - No monitoring 5.00 EA @ 101.25 = 506.25 NOTE: One unit for five days - (5/21/13 - 5/28/13) 2. Air mover (per day) - No monitoring 25.00 EA @ 25.94 = 648.50 NOTE: Five units for five days 3. Scaffold - per section (per day - 2x5days) 10.00 DA @ 16.20 = 162.00 NOTE: Used to set fans close to the ceiling to advance the drying process. 4. Labor to set up and take down scaffold - per section 2.00 EA @ 40.46 = 80.92 5. CONT: GARMENT & SOFT GOODS CLN (invoice from Essis) 1.00 EA @ 184.00 = 184.00 NOTE: 8x10 wool area rug taken from living room to Essis on the first day of loss to clean and hang dry in their plant. 6. Water extraction from floor 80.00 SF @ 0.43 = 34.40 NOTE: Extract the rug before moving 7. Water Extraction & Remediation Technician - per hour 1.00 HR @ 40.54 = 40.54 NOTE: Labor to drop off/pick up rug NOTE: The following items are for the removal of plaster ceiling and wall. 8. Provide box, packing paper & tape - medium size 12.00 EA @ 3.34 = 40.08 9. Inventory, Packing, Boxing, and Moving charge - per hour 3.00 HR @ 37.80 = 113.40 NOTE: Labor to box and move contents from two book cases. (two men for 1.5 hrs each) 10. Floor protection - corrugated cardboard and tape 330.32 SF @ 0.43 = 142.04 11. Floor protection - cloth - skid resistant leak proof 330.32 SF @ 0.66 = 218.01 NOTE: A layer of hardboard underlayment was installed over the cardboard to protect the finished wood floor and will be used through the duration of repairs as well. 12. Protect - Cover with plastic (walls) 690.35 SF @ 0.23 = 158.78 13. Containment Barrier - tension post - per day (5x2days) 10.00 DA @ 3.30 = 33.00 14. Peel & seal zipper (walls) 1.00 EA @ 9.38 = 9.38 15. Carpenter - General Framer - per hour 2.75 HR @ 54.74 = 150.54 NOTE: Labor for a carpenter to detach the built in bookcase to remove the plaster wall behind. 16. Remove Recessed light fixture 17. Remove Smoke detector 18. Remove Heat/AC register - Mechanically attached 19. Baseboard - Detach (crown molding) 20. Remove Tear off plaster on ceiling 21. Clean floor or roof joist system 22. Apply plant -based anti - microbial agent 3660ES- SMILEY -CONST 8.00 EA @ 1.00 EA @ 2.00 EA @ 93.00 LF @ 311.11 SF@ 311.11 SF @ 311.11 SF @ 8.67 = 69.36 8.63 = 8.63 1.95 = 3.90 0.78 = 72.54 1.26 = 392.00 0.62 = 192.89 0.20 = 62.22 6/3/2013 Page: 2 CONTINUED - Living Room Floor SF = 330.32 SF Walls SF = 690.35 SF Walls & Ceiling SF = 1,001.46 SF DESCRIPTION 23. Remove Tear off plaster on wall behind bookcase 24. Clean stud wall 25. Apply plant -based anti - microbial agent 26. Cleaning - Remediation Technician - per hour QNTY 38.00 SF @ 38.00 SF @ 38.00 SF @ 7.50 HR @ Perimeter of Ceiling = 93.00 SF UNIT COST TOTAL 1.26 = 47.88 0.51 = 19.38 0.20 = 7.60 40.54 = 304.05 NOTE: Labor for the four men and Katie to clean up the plaster demolition of 5/24/13 before the weekend ROOM : Stairway Subroom 0: Stairway 8.0 - Ceiling Height Floor SF = 31.49 SF Walls SF = 192.00 SF DESCRIPTION NOTE: Contain from living area upstairs 27. Protect - Cover with plastic (walls) 28. Peel & seal zipper Walls & Ceiling SF = 219.00 SF 3702.29 Perimeter of Ceiling = 24.00 LF QNTY UNIT COST TOTAL 192.00 SF @ 1.00 EA @ 0.23 = 44.16 9.38 = 9.38 Basement ROOM : Family Room Subroom 0: Family Room 8.0 - Ceiling Height Floor SF = 234.20 SF Walls SF = 490.63 SF Walls & Ceiling SF = 724.83 SF 53.54 Perimeter of Ceiling = 61.33 LF DESCRIPTION QNTY UNIT COST 29. Inventory, Packing, Boxing, and Moving charge - per hour NOTE: Labor to box and move contents from two book cases and to remove carpet. (two men for 1.5 hrs each) 3.00 HR @ 37.80 = 30. Provide box, packing paper & tape - medium size 31. Tear out wet carpet pad and bag for disposal 32. Water extraction from floor 33. Lift carpet for drying 34. Apply plant -based anti - microbial agent 35. Water Extraction & Remediation Technician - per hour NOTE: Labor to detach two attached bookcases on the carpet to remove pad. 36. Dehumidifier (per day) - XLarge - No monitoring NOTE: One unit for three days - (5/21/13 - 5/23/13) 37. Air mover (per day) - No monitoring NOTE: Three units for three days 3660ES- SMILEY -CONST 10.00 EA @ 20.00 SF @ 20.00 SF @ 20.00 SF @ 100.00 SF @ 2.00 HR @ 3.00 EA @ 9.00 EA @ 3.34 = 0.35 = 0.43 = 0.25 = 0.20 = 40.54 = 101.25 = 25.94 = 6/3/2013 TOTAL 113.40 33.40 7.00 8.60 5.00 20.00 81.08 303.75 233.46 Page: 3 CONTINUED - Family Room Floor SF = 234.20 SF Walls SF = 490.63 SF Walls & Ceiling SF = 724.83 SF Perimeter of Ceiling = 61.33 SF DESCRIPTION QNTY UNIT COST TOTAL 38. Power distribution box 3.00 DA @ 34.24 = 102.72 ROOM : Furnace Room Subroom 0: Furnace Room 8.0 - Ceiling Height Floor SF = 221.75 SF Walls SF = 625.54 SF 908.41 Walls & Ceiling SF = 847.29 SF Perimeter of Ceiling = 81.44 LF DESCRIPTION QNTY UNIT COST TOTAL 39. Content Manipulation charge - per hour 1.00 HR @ 27.80 = 27.80 40. Water extraction from floor 110.87 SF @ 0.43 = 47.67 41. Dehumidifier (per day) - XLarge - No monitoring 3.00 EA @ 101.25 = 303.75 NOTE: One unit for three days - (5/21/13 - 5/23/13) 42. Air mover (per day) - No monitoring 3.00 EA @ 25.94 = 77.82 NOTE: One unit for three days 2nd Floor ROOM • Bathroom Subroom 0: Bathroom 8.0 - Ceiling Height Floor SF = 39.81 SF Walls SF = 205.32 SF 457.04 Walls & Ceiling SF = 245.13 SF Perimeter of Ceiling = 25.67 LF DESCRIPTION QNTY UNIT COST TOTAL 43. Dehumidifier (per day) - XLarge - No monitoring 3.00 EA @ 101.25 = 303.75 NOTE: One unit for three days - (5/21/13 - 5/23/13) 303.75 ROOM : General Conditions Subroom 0: General Conditions 0.0 - Ceiling Height DESCRIPTION QNTY UNIT COST TOTAL 44. Emergency service call - during business hours 1.00 EA @ 119.95 = 119.95 3660ES- SMILEY -CONST 6/3/2013 Page: 4 CONTINUED - General Conditions DESCRIPTION QNTY UNIT COST TOTAL 45. Equipment setup and monitoring (hourly charge) 5/21/13 4.00 HR @ 40.54 = 162.16 46. Equipment monitoring (hourly charge) 5/22/13 2.25 HR @ 40.54 = 91.22 47. Equipment monitoring and takedown (hourly charge) 5/23/13 3.50 HR @ 40.54 = 141.89 48. Equipment monitoring (hourly charge) 5/24/13 1.50 HR @ 40.54 = 60.81 49. Haul debris - per pickup truck load - including dump fees 1.00 EA @ 123.60 = 123.60 50. Equipment monitoring and takedown (hourly charge) 5/28/13 2.50 HR @ 40.54 = 101.35 800.98 Summary Line Item Total 6,226.01 Material Sales Tax @ 6.000% x 76.46 4.59 Cleaning Mtl Tax @ 6.000% x 315.90 18.95 Subtotal 6,249.55 Cleaning Sales Tax @ 6.000% x 4,845.29 290.72 Total Estimated Cost $6,540.27 Total $6,540.27 3660ES- SMILEY -CONST 6/3/2013 Page: 5 Basement 24' 9"' family Roont. 4" 3660ES-SMILEY-CONST 11 1" Rathroom 11' 5" 12" 2" fOrnace Room 5' IT 107 Basement 6/3/2013 Page: 6 Main Level 266' Up 3' 3' 24' 10' llvw Room 3660ES- SMILEY -CONST 1T 4' d' 0'' 3' 6' Main Level 6/3/2013 Page: 7 11' 6' '6' 10' 24' 10' llvw Room 3660ES- SMILEY -CONST 1T 4' d' 0'' 3' 6' Main Level 6/3/2013 Page: 7 2nd Floor 1 T 6 ' 6' 10' 3660ES-SMILEY-CONST T T r 11' 1' 7" 2 6' 6/3/2013 2nd Floor Page: 8 C' r SERVICEEST RESTORATION Service 1st Restoration & Remodeling 1441 Stoneridge Drive FIRE WRTEP Middletown PA 17057 717- 232 -5444 Tax ID #11- 3712523 / PA035011 Mercantile License #25977 -0 Client: Smiley Construction (Alex Smiley) Property: 215 North 25th Street Camp Hill, PA 17011 Billing: 61 Blacksnake Road Dunncannon, PA 17020 Operator Info: Operator: AMOS Estimator: Amos E Martin Position: Estimator Company: Service 1st Restoration and Remodeling Business: 1441 Stoneridge Drive Middletown, PA 17057 Type of Estimate: Water Damage Date Entered: 5/28/2013 Price List: PAHA7X_APR13 Restoration/Service /Remodel Estimate: 3660ES-SMILEY-REPR2 STRUCTURAL REPAIRS Date Assigned: 5/21/2013 Cellular: (717) 433 -7152 Thank you for choosing Service 1st Restoration to provide you with an estimate for the repairs to your structure. This estimate has been prepared based on our initial inspection and conversation with you. Service 1st Restoration reserves the right to make changes to this estimate, if the scope of work changes or additional damages are found. This estimate will be will be effective, pending approval from your insurance carrier and does not include any depreciation or deductibles that may be applied. If you have any questions or concerns please feel free to contact me at my office (717) 232 -5444. Thank You, Amos E Martin amartin@servelst.com Estimator Service 1st Restoration 3660ES- SMILEY -REPR2 Main Level ROOM : Living Room Subroom 0: Living Room 9.0 - Ceiling Height Floor SF = 277.25 SF Walls SF = 656.50 SF Walls & Ceiling SF = 933.75 SF Perimeter of Ceiling = 75.17 LF DESCRIPTION QNTY UNIT COST TOTAL NOTE: No charge for prep work, as protections were left in place from mitigation. 1. 5/8" drywall - hung, taped, with smooth wall finish (ceiling) 277.25 SF @ 2.05 = 568.36 2. 5/8" drywall - hung, taped, with smooth wall finish (walls) 38.00 SF @ 2.05 = 77.90 3. Texture drywall - smooth / skim coat (fireplace wall) 32.00 SF @ 0.79 = 25.28 4. Drywall Installer / Finisher - per hour 40.91 HR @ 45.00 = 1,840.95 NOTE: The labor included in xactimate for lines 1 -3 is 9.59 hours. The actual labor for two /three men to hang and one man to return on multiple days to coat, skim, and sand to Level 4 smooth finish. Part of this increased cost is due to working within an occupied residence and the daily setup and cleanup costs that would not be incured in general construction. 5/29/13 three men for 5.5 hours 5/30/13 One man for 8 hours and one man for 4 hours 5/31/13 One man for 8 hours 6/03/13 One man for 8 hours 6/04/13 One man for 6 hours 5. Negative air fan /Air scrubber with HEPA filter (per day) 3.00 DA @ 71.88 = 215.64 NOTE: Used to control dust while drywall construction and sanding are being done in an occupied residence. 6. Scaffold - per section (per day) - to hang /finish ceiling 3.00 DA @ 16.20 = 48.60 7. (Install) Crown molding - 3 1/4" 75.17 LF @ 1.91 = 143.57 8. Mask and prep for paint - plastic, paper, tape (per LF) 75.17 LF @ 0.92 = 69.16 NOTE: The floor and walls were masked during the mitigation and used during repairs as well. The additional prep is for stain grade trims throughout the living room that need to be protected before painting. 9. Seal the ceiling w /latex based primer - one coat 277.25 SF @ 0.44 = 121.99 10. Paint the ceiling - two coats 277.25 SF @ 0.69 = 191.30 11. Paint part of the walls - two coats - 2 colors 328.25 SF @ 0.80 = 262.60 12. Paint crown molding - two coats 75.17 LF @ 1.04 = 78.18 13. Carpenter - General Framer - per hour 4.00 HR @ 54.74 = 218.96 NOTE: Labor for a carpenter to reset the built in bookcase 14. ELECTRICAL - Invoice from Brink - (see attached PDF for detail) 1.00 EA @ 1,274.00 = 1,274.00 15. (Install) Heat/AC register - Mechanically attached 2.00 EA @ 9.07 = 18.14 16. (Install) Smoke detector 1.00 EA @ 22.71 = 22.71 17. Recessed light fixture - Detach & reset trim only 8.00 EA @ 1.89 = 15.12 18. Inventory, Packing, Boxing, and Moving charge - per hour 8.00 HR @ 27.80 = 222.40 NOTE: Labor to move all contents back into living room and reset the contents from two book cases. (two techs for four hours) 19. Cleaning Technician - per hour 16.00 HR @ 29.76 = 476.16 NOTE: Labor for the two techs one day to clean up after construction, except the floor cleaning listed separately below. 20. Clean floor, wax or murphy after construction 277.25 SF @ 0.66 = 182.99 6074.01 3660ES- SMILEY -REPR2 7/1/2013 Page: 2 ROOM : Stairs Subroom 0: Stairs Subroom 1: LANDING Subroom 2: STAIRS2 9.0 - Ceiling Height 9.0 - Ceiling Height 9.0 - Ceiling Height Floor SF = 53.07 SF Walls SF = 133.50 SF Walls & Ceiling SF = 173.75 SF Perimeter of Ceiling = 16.93 LF DESCRIPTION QNTY UNIT COST TOTAL 21. Drywall tape joint/repair - per LF 3.00 LF @ 6.03 = 18.09 NOTE: Repair the edge from living room ceiling 22. Mask and prep for paint - plastic, paper, tape (per LF) 16.93 LF @ 0.92 = 15.58 23. Seal the ceiling w/latex based primer - one coat 40.25 SF @ 0.44 = 17.71 24. Paint the ceiling - two coats 40.25 SF @ 0.69 = 27.77 25. Painter - per hour 1.00 HR @ 52.96 = 52.96 NOTE: Labor added to minimal area to cut in and mask along the stairs wall. Basement ROOM : Family Room Subroom 0: Family Room 8.0 - Ceiling Height Floor SF = 234.20 SF Walls SF = 490.63 SF 132.11 Walls & Ceiling SF = 724.83 SF Perimeter of Ceiling = 61.33 LF DESCRIPTION QNTY UNIT COST TOTAL 26. Carpet - Labor Minimum Charge 1.00 EA @ 179.28 = 179.28 NOTE: Includes carpet pad and labor to restretch the carpet 27. Carpenter - General Framer - per hour 2.00 HR @ 54.74 = 109.48 NOTE: Labor to reset two attached bookcases. 28. Inventory, Packing, Boxing, and Moving charge - per hour 3.00 HR @ 27.80 = 83.40 NOTE: Labor to reset the contents of two bookcases after they are re-installed. 29. Carpet cleaning - Minimum charge 1.00 EA @ 130.00 = 130.00 30. Content Manipulation charge - per hour for cleaning 1.00 HR @ 27.80 = 27.80 31. Block and pad furniture in room after cleaning 1.00 EA @ 32.75 = 32.75 562.71 ROOM : General Conditions Subroom 0: General Conditions 0.0 - Ceiling Height DESCRIPTION QNTY UNIT COST TOTAL 32. Haul debris - per pickup truck load - including dump fees 1,00 EA @ 123.60 = 123.60 3660ES-SMILEY-REPR2 7/1/2013 Page: 3 CONTINUED - General Conditions DESCRIPTION QNTY UNIT COST TOTAL Line Item Total Material Sales Tax Cleaning Mtl Tax @ 6.000% x @ 6.000% x Summary 357.04 27.43 123.60 6,892.43 21.42 1.65 Subtotal 6,915.50 Overhead @ 10.0% x 6,915.50 691.55 Profit @ 10.0% x 6,915.50 691.55 Cleaning Sales Tax @ 6.000% x 1,613.98 96.84 Total Estimated Cost $8,395.44 Total $8,395.44 3660ES- SMILEY -REPR2 7/1/2013 Page:4 CERTIFICATE OF SERVICE I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAIL Matthew R. Clayberger, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 DATED: March 20, 2014 Thomas S. Beckley, Esquire Thomas, Thomas & Hafer, LLP Matthew R. Clayberger, Esq. I.D. No. 316102 305 N. Front Street, 6th Flr. P.O. Box 999 Harrisburg, PA 17108 -0999 (717) 237 -7150 mclayberger @tthlaw.com SERVICE 1ST RESTORATION AND REMODELING, LLC, Plaintiff vs. Rdim �'t 0Isfair 2.01110R -8 AR 11: 19 CUMBERLAND COUNTY PENNSYLVANIA Counsel for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2014 -00371 Civil Term ALEX SMILEY d /b /a/ SMILEY CONSTRUCTION, Defendant CIVIL ACTION LAW NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, Defendant Alex Smiley d /b /a Smiley Construction (hereinafter "Defendant "), by and through his attorneys, Thomas, Thomas & Hafer, LLP, files his Answer with New Matter to Plaintiff's Complaint and states as follows: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 1 of the Complaint. 2. Admitted. 3. Denied as stated. It is admitted that Defendant entered into an agreement with the owners of property located at 215 North 25th Street, Camp Hill, Pennsylvania 1 to make improvements to the property. It is further admitted that the property located at 215 North 25th Street, Camp Hill, Pennsylvania is a private residence. Defendant is without knowledge or information as to whether Plaintiff possesses a copy of the contract entered into between Defendant and the owners of the property located at property located at 215 North 25th Street, Camp Hill, Pennsylvania and the same is therefore denied. 4. Denied. Paragraph 4 is a conclusion of law to which no response is required. To the extent a response is deemed required, Defendant specifically denies the averments contained in Paragraph 4 of the Complaint and strict proof thereof is demanded at trial. 5. Denied as stated. Plaintiff's averments that Defendant caused damage to the subject property are conclusions of law to which no response is required. To the extent a response is deemed required, Defendant specifically denies said averment and strict proof thereof is demanded at trial. The remainder of Paragraph 5 is admitted. 6. Admitted. By way of further response, Plaintiff failed to provide a requested estimate prior to conducting repairs at the subject property. Further, the amount of $6,540.27 is not representative of the reasonable value of the costs of emergency services that Plaintiff performed at the subject property. 7. Denied as stated. Plaintiff's averment that Defendant caused damage to the subject property is a conclusion of law to which no response is required. To the extent a response is deemed required, Defendant specifically denies said averment and strict proof thereof is demanded at trial. The remainder of Paragraph 7 is admitted. 2 8. Admitted. By way of further response, Plaintiff failed to provide a requested estimate prior to conducting said repairs at the subject property. Further, the amount of $8,395.44 is not representative of the reasonable value of the costs of emergency services that Plaintiff performed at the subject property. 9. Denied. The averments of Paragraph 9 are specifically denied and strict proof thereof is demanded at trial. 10. Denied as stated. It is admitted that Plaintiff has been paid a sum of $9,366.66 for the work it performed at the subject property. However, it is specifically denied that Plaintiff is owed a balance of $5,569.05 for its work and strict proof thereof is demanded at trial. By way of further response, Plaintiff has received full payment for the reasonable value of the services performed at the subject property. 11. Denied. Paragraph 11 is a conclusion of law to which no response is required. To the extent a response is deemed required, Defendant specifically denies the averments of Paragraph 11 and strict proof thereof is demanded. 12. Denied. Paragraph 12 is a conclusion of law to which no response is required. To the extent a response is deemed required, Defendant specifically denies the averments of Paragraph 12 and strict proof thereof is demanded at trial. 13. Denied. Paragraph 13 is a conclusion of law to which no response is required. To the extent a response is deemed required, Defendant specifically denies the averments of Paragraph 13 and strict proof thereof is demanded at trial. 3 COUNT I - BREACH OF CONTRACT 14. Denied. Paragraph 14 is a paragraph of incorporation to which no response is required. To the extent a response is deemed required, the averments of Paragraph 14 are specifically denied and strict proof thereof is demanded at trial. 15. Denied. The averments of Paragraph 15 are specifically denied and strict proof thereof is demanded at trial. By way of further response, Plaintiff has been compensated for the full and fair value of the service performed at the subject property. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiff. COUNT II - UNJUST ENRICHMENT 16. Denied. Paragraph 16 is a paragraph of incorporation to which no response is required. To the extent a response is deemed required, the averments of Paragraph 16 are specifically denied and strict proof thereof is demanded at trial. 17. Denied. The averments of Paragraph 17 are conclusions of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 17 are specifically denied and strict proof thereof is demanded at trial. 18. Denied. The averments of Paragraph 18 are conclusions of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 18 are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiff. 4 NEW MATTER 19. Paragraphs 1 -18 are incorporated herein as if set forth fully at length. 20. Plaintiff's Complaint fails to state a claim against Defendant. 21. Plaintiff fails to state a claim for damages caused by any alleged breach of contract caused by Defendant. 22. Defendant satisfied all duties and obligations owed under the subject contract for services. 23. Plaintiff materially breached its Contract with Defendant. 24. Plaintiff's claims may be barred and /or limited by its failure to mitigate damages. 25. At all times material hereto, Defendant acted reasonably under the circumstances and in accordance with the applicable standard of care. 26. Plaintiff's damages, if any, were not caused by any act or omission on behalf of Defendant. 27. Plaintiff materially overstated and / or overcharged for its services. 28. Plaintiff performed services and or conducted repairs that were unwarranted and unreasonable under the circumstances. 29. Plaintiff failed to act as a reasonable contractor under the circumstances. 30. Plaintiff's claims may be barred and / or limited by the doctrine of unclean 31. Plaintiff's claims may be barred and / or limited by the doctrine of in pari 5 hands. delicto. WHEREFORE, Defendant Alex Smiley d/ b/ a Smiley Construction respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: /- 7 Li By: Matt - R. Clayb: ger, Esquire PA A . L- . #316102 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237 -7150 Attorneys for Defendant 6 VERIFICATION I, Alex Smiley, hereby verify that the averments made in the foregoing Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. �- C(/ Date Date Alex Smiley 7 CERTIFICATE OF SERVICE I, Matthew R. Clayberger, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, certified, postage prepaid, to the following: Dated: Li / / 127 1479914.1 Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street Harrisburg, Pennsylvania 17101 Attorney for Plaintiff THOMAS, THOMAS & HAFER, LLP 8 Charles O. Beckley, II, Esquire Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 -1998 (717) 233-7691 20111 APR 10 PH 1. CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff, Service 1st Restoration and Remodeling, LLC SERVICE 1ST RESTORATION AND REMODELING, LLC, Plaintiff v. ALEX SMILEY, d/b /a SMILEY CONSTRUCTION, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW Defendant : NO. 14 -371 Civil Term PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes the Plaintiff, Service 1st Restoration and Remodeling, LLC ( "Service 1st "), who, by and through its attorneys, Charles O. Beckley, II, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Reply to New Matter, and in support thereof, avers as follows: 19. Service 1st hereby incorporates paragraphs 1 through 18 of its Complaint as though set forth here at length. 20. Denied. The allegations contained in paragraph 20 of Defendant' s New Matter constitute a conclusion of law to which no response is necessary. 21. Denied. The allegations contained in paragraph 21 of Defendant's New Matter constitute a conclusion of law to which no response is necessary. 22. Denied. The allegations contained in paragraph 22 of Defendant's New Matter constitute a conclusion of law to which no response is necessary. By way of further response, Defendant failed to pay Service 1st in full for its services. 23. Denied. The allegations contained in paragraph 23 of Defendant's New Matter constitute a conclusion of law to which no response is necessary. 24. Denied. The allegations contained in paragraph 24 of Defendant's New Matter constitute a conclusion of law to which no response is necessary. 25. Denied. The allegations contained in paragraph 25 of Defendant's New Matter constitute a conclusion of law to which no response is necessary. 26. Denied. The allegations contained in paragraph 26 of Defendant's New Matter constitute a conclusion of law to which no response is necessary. By way of further response, Service 1 St's damages were caused by Defendant's failure to pay in full for the services Service 1st performed. 27. Denied. The allegations contained in paragraph 27 of Defendant's New Matter constitute a conclusion of law to which no response is deemed necessary. By way of further response, the prices Service 1St charged for its services were fair and reasonable. 28. Denied. The allegations contained in paragraph 28 of Defendant's New Matter constitute a conclusion of law to which no response is necessary. By way of further response, the services Service 1st performed were warranted, reasonable, and requested by the Defendant. 29. Denied. The allegations contained in paragraph 29 of Defendant's New Matter constitute a conclusion of law to which no response is necessary. To the contrary, Service 1st acted reasonably and professionally throughout the entire project. 30. Denied. The allegations contained in paragraph 30 of Defendant's New Matter constitute a conclusion of law to which no response is necessary. 31. Denied. The allegations contained in paragraph 31 of Defendant's New Matter 2 constitute a conclusion of law to which no response is necessary. WHEREFORE, Plaintiff, Service 1st Restoration and Remodeling, LLC, respectfully requests the Court to enter judgment in its favor and against Defendant, Alex Smiley, t/d/b/a Smiley Construction, in the principal amount of $5,569.05, plus interest and attorneys fees as allowed by law. DATED: April 9, 2014 Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 Respectfully submitted arles 1 Beck ey, II, Esquire Thomas S. Beckley, squire Attorneys for Plaintiff Service 1st Restoration & Remodeling, LLC VERIFICATION I, Jaime Novinger-Toigo, hereby verify that I am an adult individual, that I am authorized to make this statement on behalf of Service 1st Restoration & Remodeling, LLC, that I have read the foregoing document, and that the facts set forth in the foregoing document are true to the best of my knowledge, or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Service lst Restoration & Remodeling, LLC By: J je Novinger-Toigo e ident CERTIFICATE OF SERVICE I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: DATED: April 9, 2014 SERVICE BY FIRST CLASS MAIL Matthew R. Clayberger, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 Thomas S. Beckley, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1ST RESTORATION AND REMODELING, LLC Plaintiff • . NO. 14-371 CIVIL it, VS °o - t..-. c ALEX SMILEY, d /b /a SMILEY CONSTRUCTION RULE 1312-1 following form: Defendant c- c c The Petition for Appointment of Arbitrators shall be substantially in the me -21 THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas S. Beckley , 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 $ 5,569.05 plus interest and costs The counterclaim of the defendant in the action is none. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Thomas S. Beckley (Beckley & Madden) and Matthew R. Clayburger (Thomas, Thomas & Hafer) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. Respectfully submitted, 124i 20-11 '96, i.4,, ORDER OF COURT , 20 14 , in consideration of the foregoing By the Court, KEVIN A. HESS, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1ST RESTORATION AND REMODELING, LLC Plaintiff VS NO. 14-371 CIVIL T.;ER1 f �� NV Ln-> 0) ALEX SMILEY, d /b /a SMILEY CONSTRUCTION . Defendant T' c-: 3 Z. Cs 1- The Petition for Appointment of Arbitrators shall be substantially in the-.7-_-.1 _ _r. RULE 1312 -1 following form: Cl --0 THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas S. Beckley , 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 $ 5,569.05 plus interest and costs The counterclaim of the defendant in the action is none. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Thomas S. Beckley (Beckley & Madden) and Matthew R. Clayburger (Thomas, Thomas & Hafer) A 2 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, petition, Esq., and captioned action (or acti Respectfully submitted, J'!/ P, 41 ORDER OF COURT 06 5;F :a 5124s 2c, , 20 14 , in co sideration of the foregoing the above Esq., and ns) as prayed for. maakeo p: 04 yhe e, L 7210 /Oaf .S ,5ecbl¢ /of ;es 04a led .5///, q efiL Esq., are appointed arbitrators By the Court, KEVIN A. HES • SERVICE 1ST RESTORATION & REMODELING, LLC In the Court of Common Pleas of Cumberland Plaintiff ALEX SMILEY, t/d/b/a SMILEY CONSTRUCTION County, Pennsylvania No. 2014 -0371 Defendant Civil Action — Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States a r d th Constitution of this Commonwealth apd that we will discharge the dutie office with fidelity. Signature HAROLD S. IR , I, ESQ. Name (Chairman) IRWIN LAW OFFICE Law Firm 64 SOUTH PITT STREET gnature SUSAN CONFAIR, ESQ. Signature ANTHONY LUCIDO, ESQ. Name Name REAGER & ADLER JOHNSON DUFFIE Law Firm 2331 MARKET STREET Address Address Law Firm 301 MARKET STREET Address CARLISLE PA 17013 CAMP HILL PA 17011 LEMOYNE PA 17043 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.) - A WE FIND IN FAVOR OF 2 �p4�) /I r *C,Cz413r, bitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: 4- s72,04- Notice /2 ji4- Notice of Entry of Award Now, the 9 day of azi4te, , 20 /'/ , at 07:0e. award was entered upon the docket add notice thereof given by mail to the parties or their attorneys. P .M., the above Arbitrators' .,compensation to be.paid ,upon .appeal: .$ . 'i/% -Sp HE PRO T HONG i, , JUN -5 PM 2 00 BERLAND COUNTY ENNSYLVAN1A /ha do 1'. Cfay 4,, es : le.,/ 4/y%y Charles O. Beckley, II, Esquire Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 2014� A /�, �UH� UL 17 Fri 1: ���,. BERL h NO COUNTY PENNSYLVANIA Attorneys for Plaintiff, Service 1St Restoration and Remodeling, LLC SERVICE 1ST RESTORATION AND REMODELING, LLC, Plaintiff v. ALEX SMILEY, d/b/a SMILEY CONSTRUCTION, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 14-371 Civil Term PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the judgment in favor of Plaintiff, Service 1st Restoration & Remodeling, LLC, and against the Defendant, Alex Smiley, d/b/a Smiley Construction, as satisfied. Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street, Suite 301 Post Office Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Attorney for Plaintiff Service 1St Restoration & Remodeling, LLC atthew R. Clayberger, quire OMAS, THOMAS HAFER 305 North Front treet Harrisburg, PA 17101 (717) 237-7100 Attorney for Defendant Alex Smiley, d/b/a Smiley Construction CERTIFICATE OF SERVICE I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: DATED: July 16, 2014 SERVICE BY FIRST CLASS MAIL Matthew R. Clayberger, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 Thomas S. Beckley, Esquire