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HomeMy WebLinkAbout14-2615 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT y COMMON PLEAS No. / Cumberland Count 1 1/l 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. Single Point Sourcing MDJ- 09 -1 -01 ADDRESS OF APPELLANT CITY STATE ZIP CODE 230 Gettysburg Street Dillsburg PA 17019 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 4 =11 -2014 Daflure Heating & Cooling vs. Single PointSourcing CLAIM NO. SIGNATU F PP- OR HIS ATT RNEY CV YEAR LT YEAR Robert e n' off Esquire This block will be signed ONLY when this notation is required under PA. If appellant 1 1 as Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before disttict Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signat of ro ono ary or D eputy 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Daflure Heating & Cooling Enter rule upon � , appellee(s), to file a complaint in this appeal a a o appellee s (Common Pleas No. I I ° X I S ) within twenty (20) days after service of rule o suffe f ju ment of non pros. Daflure Heating & Cooling Robert `na o 1C Ortltattorney.or�egeflt RULE: To , appellee(s) m of /lelle (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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: t�N/�i O Year , I mature of Prothonotary or Deputy White - Prothonotary Copy' :. Green - Court File Copy 1AA Yellow - Appelant's Copy Pink Appellee Copy CILs�/ Gold - D. J. Copy Proth. — 76 Rjun COMMONWEALTH O.F PENNSYLVANIA Notice Of Judgment/Transcript Civil 1 COUNTY OF CUMBERLAND f(( Case f . f Mag, Dist. No: MDJ- 09 -1 -01 Daflure Heating &Cooling and 0, L. Jacobs' MDJ Name: Honorable Charles A. Clement Jr.. Sons . ` 'Address: '.920 Linda Lane Y. Camp Hill, PA .17011 Single Point Sourcing Telephone:, 717- 737 -3434 1 Single Point Sourcing Docket No. MJ- 09101 -CV- 0000073 -2014 230 Gettysburg St Case Filed: 3/4/2014 Dillsburg, PA 17019 Disposition Summary (cc- :Cross Complalnt) . Docket No Plaintiff Defendant _ Disposition Disposition Date MJ- 09101 7CV- 0000073- 2014 ...;.Daflure Heating & Cooling and Single Point Sourcing Default Judgment for Plaintiff 0411112014 I O.L. Jacobs'.Sons . Judgment Summary tici ant Joint/Seve l Liability Individual Liability Arri6 Par t Daflure Heating &Cooling and O.L. Jacobs' $0.00 : $0.00. $0,00. - Sons Single P.oint.Sourcing $0:00 $8,079.85 $8;079.85, Judgment Finding (vostJud ment In. the matter Of Daflure Heating & Cooling and O.L. Jacobs' Sons vs Single Point Sourcing on MJ- 09101 -CV- 0000073 -2014, on . 4/1'V2014 the judgment was awarded as follows: Judgment Component JointlSeveral Liability Individual Liability- Deposit Applied Amount Civil Judgment- '$0100 $7,906.35 $7 Costs $0:00 $173.50 $173.50 Gr and To $8,079.85 tal• ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER. THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF,COURT OF COMMON. PLEAS, CIVIL.DIVISION. , YOU ,MUST INCLUDE A ;COPY OF. THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OPAPPEAL. EXCEPT AS .OTHERWISE PROVIDED IN'THE RULES.OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE: COURT OF COMMON PLEAS AND.NO FURTHER PROCESS MAY. BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.. UNLESS THE JUDGMENT IS ENTERED IN THE COURT.OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE.A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN. FULL,. SETTLES OR OTHERWISE COMPLIES WITH THE.JUDGMENT. o? 4/].1/201. Date Magisterial District Judge Charles A. Clement,Jr. certify tat this is a trueAnj correct copy of the record of the proceedings. Containing t e_ judgment. Date' Magisterial District Judge. MDJS315 Page 1 of 2' . Printed: .04/15/2014 11:14:25AM ._,vwf �sYK" ,AsvipF ag•Y . nw "*., i. J:y1r6.ein•' . gsj: 'L "„(:: •,•: :,•: � ti y :b: .. r• .. . p. '.:.,: .,... , r '.... , .. �„ •.:.... .... rf`w!.: , .•r :W.` -! it . f,, e -'.' .*--e, ,, r. , N'.! c{? d. IWV )n�aTN�IR`.. „fnFl ^r!?XR^aiii w M5!rrr• „r;.�7iNtK..1 va ;! g5, :;. ;, r.•v :� v' . 'fi✓.3Y. ' x I. Y ' . , `?is`W.�= :•J:,e u=•. '. j_ S�•r•�YK ,tsar, j - , ...:. ...... :i'. _ . . 1. '' ' i ” •: Daflure Heating,"& Coolmg:an .Q.L. Jacobs,:,Sons " :Docket No:- W O'910'1.- V'Op00.073- 20:14 :;;;;f I. :t .. a ' " V.. _ it. .... Single Point Sourcing ., :. . . I. . . `1 .1 I ,.... .... .:.. 1' a: 'l$t r ':Part IC Illy;' : �, p. ' <k . :: ::'+ t r ...t Y' _ . , r , .., ,.. ..r..- r :.... t... - n: . ' ,, .. r r .. .,.., .. - - .. . .. ,. ,:..:._..,, . ................ .:. ..I . .,. v. e.s.... .. : e ; , :... .. ] .t, 'i .t ' I :' ,.. ..,. ,,,,, .:k i. I anti ff s Pa ­ i . '. :... ,' ..... :. Daflure Heating & Cooling and O.L. Jacobs Sons . . ':';,. .. . •22 8th Street .: . • . New Cumberland, PA '11070 . .. - . ; • ... . ' . ... �: Defendant(s} .. . . . . . . Single Point : Sourcing sbu S �...._..:._: _._..... w... ,_, ..- 1. :_. Dilisbtar PA 170'19 . " �" . :.:, 9 . .. .. . . ;'t: . ;':::; . . . .. ... .. ., . " . : . .. .,.. . �,. .;,. n :. .........:. .. .. ...,. , •.. ,.... ,. ... ,. .�. <., .,. ..,t .,,.... : . :.�i:i , .. ::. F: ,,.. ..�... .. :r• n. i(v•" .. .:. - . -.. ... ..i - 'w. % .. . tl:.': `if: r a. 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J.... .. .. . : it `• , f,r•. -- .. .. .. .. . .....::.:. .. ,: :.. .,.. t. i x a , MDJS 316 Page. 2 of 2 • •P i . ted: 04/9 5/20141 T14:25AM 11 . vqU l,y 1014 ,)' -7 pH 1: 147 CUMBERLAND COUNTY PEILiNSYLVANIA 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served opy of the Notice of Appeal, Common Pleas No. /1-7-3...,t4:' ; ` ' (date of service) 0 // , year c247i Cr, , ❑ by personal service receipt attached hereto, and upon the appellee, (name `,DC (,L L 441Lzoz p /- frb5S4.5 on , year-�'c� ❑ by personal service ! . (certified (registered) mail, sender's receipt attached hereto. ; ss , upon the District Justice designated therein on 1(certified) (registered) mail, sender's 0 and further that I served the Rule to File a,Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on mail, sender's receipt attached hereto. �f✓,�,rc,c� year f SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME T IS IA DAY OF 04 , YEAR I 111 1404.44460 re of official before whom affidavit was made Title of official My commission expires on , year by personal service ! /' COMMONWEALTH OF PENNSYLVANIA NOTARIAL. SEAL JUUEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires February 22, 2015 (certified) (registered) ti ,s/4' ./.4Z0---; Signature d Fant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) VS. (DEFENDANT) CLAIM NO. CV YEAR LT YEAR SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under PA R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. Signature of Prothonotary or Deputy If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE. (This section of form to be used ONLY whef appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee_. PRAECIPE: To Prothonotary Enter rule upon Name of appellpe(s), (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. , appellee(s), to file a complaint in this appeal RULE: To , appellee(s) Name of appellee(s) (1) • Signature of appellant or his attorney or agent You are notified that a rule is hereby entered upon you to file a complaint it 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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy , Year 42Q/y Signature of Prothonotary or Deputy Proth. — 76 • ff.r SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. .. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: The Honorable Charles A. Clement Jr 920 Linda Lane Camp Hill, PA 17011 D. is delivery add gent Addressee C. ate -of Delivery cm/Iy erent from item 1? r Yes If YES, enter . -livery address below: 0 No 3. Service Type ❑ Certified Mall 0 Registered ❑ Insured Mall ❑ Express Mail Q Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 701}3 0600 0001 0234 6379` , PS Form 3811, February 2004., . . _ Domestic Return,Receipt_. SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Da#lure Heating & Cooling and O.L. Jacobs' Sons '22 8"Street New Cumberland, PA 17070 2. Article Number (Transfer from service label) to ngs-0?-M s1 6LE9 hE20 'C000 0090 COMPLETE THIS SECTION ON DELIVERY A. Signatu U Total Postage & Fees gent 0 Addressee by iv' L n Name) =`CSI %4 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No PS Form 3811, February 2004 Service Type ❑ Certified Mail ❑ Registered ❑ Insured Mall ❑ Express Mail ❑ Return Receipt for Merchandise i ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 7013 0600 0007, 0234 6355 Domestic Return Receipt 102595.02-M-1540 Total Postage & Fees SSE9 +1E20 TODD 0090 ETU. yd f» Total Postage & Fees gent 0 Addressee by iv' L n Name) =`CSI %4 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No PS Form 3811, February 2004 Service Type ❑ Certified Mail ❑ Registered ❑ Insured Mall ❑ Express Mail ❑ Return Receipt for Merchandise i ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 7013 0600 0007, 0234 6355 Domestic Return Receipt 102595.02-M-1540 Total Postage & Fees SSE9 +1E20 TODD 0090 ETU. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT Cumberland County NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT ti COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT Single Point Sourcing MAG, DIST. NO. OR NAME OF D.J. MDJ-09-1-01 ADDRESS OF APPELLANT 230 Gettysburg Street CITY Dillsburg STATE PA ZIP CODE 17019 DATE OF JUDGMENT 4.11-2014 IN THE CASE OF (PLAINTIFF) Daflure Heating & Cooling and 0_ Jacobs Sr'in9 CLAIM NO, CV YEAR LT YEAR (DEFENDANT) PointSourcing SIGNATU F PP RNEYfjPgraWrI Robertn off Esquir This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. Signature ot Prothonotary or Deputy If appellant s Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Daflure Heating & Cooling Enter rule upon and O.L. Jaggpa;043ns (Common Pleas No. I ' ) within twenty (20) days after service of rule o ment of non pros. , appellee(s), to file a complaint in this appeal Daflure Heating & Cooling RULE: To a mofAV( Cons, appellee(s) ( Robert attomey.aratgoiet (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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy ,Year turaof Prothonotary or Deputy —119 Proth. 76 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-1-01 MDJ Name: ' . Honorable Charles A. Clement Jr. Address: .920 Linda Lane Camp Hill, PA -170.11 • Telephone:• . 717-737-3434 `Single Point Sourcing 230 Gettysburg, St Duisburg, PA 17019 Notice of Judgment/Transcript Civil Case Da lure Heating & Cooling and O.L. Jacobs' Sorts • v. Single Point Sourcing Docket No: MJ -09101 -CV -0000073-2014 Case Filed 3/4/2614 • • ;Disposition Summary OF- Cross•Comptalnt) • Docket Nti • Plaintiff De#endant . Disoosition • MJ-09101-CV=0000073-2014 .:.;.Daflure Heating & Cabling and Single Point Sourcing Default Judgment for Plaintiff • O.L. Jacobs'. Sons . •Judgment Summary • • • ' .Partic cant . . • ' ' , : ' . Joint/Several Liability. Daflure Heating &. Cooling and O.L. Jacobs' ' . _ . $0.00 •Sons . Single Point:Sourcing ,' Judgment Finding. {*Post Judgment) . In. the matter of 'Dation!). Heating: & Cooling and,0 L..•Jacobs` Sons vs. Single• Point Sourcing an MJ.-09101-CV:0000073-201.4, on. • • •4/11/2014 the judgment was awarded as follows '. ` Judgment Component ',' JointlSeveral Usillltv•.. lndividuat Liability.. DeR9slt Applied .Civil Judgment. . •so co costs $0;00 Individual Uability $0.00' $8,079.85. Isoosition Date 04/11/2014 .;$7,908.35 $173,50 • AmOMnt '.$7,9Q8.35 • $173.50 Grand Total: ' $8,079.85 • • ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE:EN:TRY OF JUDGMENT BY.FILiNG A•NOTICE OF APPEALWITH: THE ' PROTHONOTARY/CLERK OF ,COURT OF COMMON PLEAS,' :CiVMI.. DIVISIOA1.' YOU MUST INCLUDE A 'COPY OF -.'THIS NOTICE OF JUDGMENT/TRANSCRIPT'FORM WITH YOUR. NOTICE OF.APPEAL. • • ... I • . •.. • • • :EXCEPT AS .OTHERWISE PROVIDED IN THE RULES•.OF -CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,'IF THE JUDGMENT OLDER ELECTS'TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS.. ALL FURTHER PROCESS:MUSt'COME 'FROM THE' COURT OF COMMON PLEAS AND.NO FURTHER PROCESS ,MAY BE ISSUED. SY THE MAGISTERIAL.OISTR(CT JUDGE... • ••• • UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF•COMNMON PLEAS, ANYONE INTERESTED IN THE•JUDGMENT MAY FILE.A • REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL. DISTRICT JUDGE AP -THE -JUDGMENT DEBTOR PAYS INFULL,.SETTL ES, • OR OTHERWISE COMPLIES WITH THE:JUDGMENT. : ' •; :. ' . `. •... . 4/x:1/2014 j { Date' • .. ' • Magisterial District Judge Charles A. Clement Jr. MDJS 315 . Page 1 of 2 ' Printelt.04/15/20141t14:2 A 4010.1!!!')V1110 10 DaflureHeating & Cooli4.and.Q.L. Jacobs' Si fts: :Docket NO: .MJ Q9101 CV=00g0.073-20,14 Single Point Sourcin, Daflure Heating &Cooling and" Qa . Jacobs' Sons r :22 8th Street New Cumberland, PA 17070 Defendants) Single Point$ourcing Dilisburg; PA. 17019' MDJS 315 Page,2-ot2- LAWS, STARUCH & PISARCIK Gerard J. Pisarcik, Esq. PA Atty ID No. 39181 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 (717) 975-3871 (fax) Ispgjp@aol.com ATTORNEYS FOR CLAIMANT THE PROTHONO R 4 NitiMY 20 PM 2:50 CUMBERLAND COUNTY PENNSYLVANIA DAVID F. McCLURE CO. d/b/a O.L. JACOBS' SONS, Plaintiff v. JOHN NISSLEY and JOHN J. NISSLEY, JR. d/b/a SINGLE POINT SOURCING, SINGLE POINT SOURCING, LLC, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 14-2615 CIVIL 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 for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford St., Carlisle, PA 17013 (717) 249-3166 Gerard J. Pisarcik, Esq. PA Atty. ID No. 39181 LAWS, STARUCH & PISARCIK 20 Erford Road, Suite 105 Lemoyne, PA 17043 717-975-0600 717-975-3871 fax Ispgjp@aol.com Attorneys for Plaintiff David F. McClure Co. d/b/a O.L. Jacobs' Sons DAVID F. MCCLURE CO. IN THE COURT OF COMMON PLEAS d/b/a O.L. JACOBS' SONS, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. JOHN NISSLEY and JOHN J. NISSLEY, JR. d/b/a SINGLE POINT SOURCING and SINGLE POINT SOURCING, LLC, Defendants Docket No. 14-2615 CIVIL COMPLAINT 1. Plaintiff David F. McClure Co. d/b/a O.L. Jacobs' Sons is a Pennsylvania corporation with its principal place of business located at 22 8th Street, New Cumberland, Cumberland County, Pennsylvania 17070 ("Jacobs"). 2. Defendants John Nissley and John J. Nissley, Jr., d/b/a Single Point Sourcing is a partnership having offices located at 2201 Woodview Drive, Harrisburg, Dauphin County, Pennsylvania 17112. Defendant Single Point Sourcing, LLC is a Pennsylvania limited liability company having offices located at 230 Gettysburg Street, Dillsburg, York County, Pennsylvania 17019. The aforesaid parties are referred to individually and collectively as "Single Point Sourcing". 1 COUNT I BREACH OF CONTRACT 3. The averments of Paragraphs 1 and 2 are incorporated herein by reference as if fully set forth at length. 4. Jacobs contracted in writing with Single Point Sourcing to perform certain repairs (1) to an air -handler unit, including replacing a shaft and bearings, and (2) to a gas-fired steam boiler, including replacing a heat valve, at the aforementioned Gettysburg Street property. A true and correct copy of said contract is attached hereto as Exhibit A and incorporated herein by reference. 5. Jacobs satisfactorily performed and completed the aforesaid work. 6. Jacobs has invoiced Single Point Sourcing the sum of $7,906.35 for said work. True and correct copies of Jacobs' three (3) invoices to Single Point Sourcing are attached hereto as Exhibit B and incorporated herein by reference. 7. Despite Jacobs' demands for payment, Single Point Sourcing has refused and continues to refuse to pay Jacobs the aforementioned sum to which it is entitled for its performance of said work. WHEREFORE, Plaintiff Jacobs respectfully requests this Honorable Court enter judgment in its favor and against Defendant Single Point Sourcing in the amount of $7,906.35 plus interest, expenses, attorney's fees and such additional relief as this Court deems just and proper. COUNT II VIOLATION OF THE CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT 8. The averments of Paragraphs 1 through 7 are incorporated herein by reference as if fully set forth at length. 2 9. The Contractor and Subcontractor Payment Act (73 P.S. Sections 501 et seq.) (the "Act") provides in relevant part as follows: "Section 504. Performance by contractor or subcontractor Performance by a contractor or a subcontractor in accordance with the provisions of a contract shall entitle the contractor or subcontractor to payment from the party with whom the contractor or subcontractor has contracted. Section 505. Owner's payment obligations (b) Construction contract.—The owner shall pay the contractor strictly in accordance with terms of the construction contract. (c) Time for payment.—Except as otherwise agreed by the parties, payment of interim and final invoices shall be due from the owner 20 days after the end of a billing period or 20 days after delivery of the invoice, whichever is later. (d) Interest.—Except as otherwise agreed by the parties, if any progress or final payment to a contractor is not paid within seven days of the due date established in subsection (c), the owner shall pay the contractor, beginning on the eighth day, interest at the rate of 1% per month or fraction of a month on the balance that is at the time due and owing." 10. The construction contract between the parties provided that payment is due upon completion of the work. 11. Despite Jacobs having satisfactorily completed its work approximately six (6) months ago and having submitted its invoices for payment, Single Point Sourcing has refused and continues to refuse to pay Jacobs the aforementioned amount to which it is entitled. 12. Single Point Sourcing's failure to pay Jacobs the aforementioned amount to which it is entitled is a violation of the foregoing provisions of the Act, thereby entitling Jacobs to interest at the rate of 1% per month, which interest amounts to $427.78 to date. 13. Section 512 of the Act (73 P.S. Section 512), entitled "Penalty and attorney fee", provides as follows: "(a) Penalty for failure to comply with act.—If arbitration or litigation is commenced to recover payment due under this act and it is determined that an owner, contractor or subcontractor has failed to comply with the payment terms of this act, the arbitrator or court shall award, in addition to all other damages due, a penalty equal to 1% per month of the amount that was wrongfully withheld. An amount shall not be deemed to have been wrongfully withheld to the extent it bears a reasonable relation to the value of any claim held in good faith by the owner, contractor or subcontractor against whom the contractor or subcontractor is seeking to recover payment. (b) Award of attorney fee and expenses.—Notwithstanding any agreement to the contrary, the substantially prevailing party in any proceeding to recover any payment under this act shall be awarded a reasonable attorney fee in an amount to be determined by the court or arbitrator, together with expenses." 14. Single Point Sourcing's aforementioned failures to pay Jacobs constitute a violation of the above provisions of the Act, thereby entitling Jacobs to a penalty equal to 1% per month of the aforementioned amount of $7,906.35, which penalty to date amounts to $427.78. 15. Pursuant to the above-cited provisions of the Act, Jacobs is entitled to its reasonable attorney fee and expenses. Jacobs presently estimates its attorney fees and expenses to be approximately $2,500. 4 WHEREFORE, Plaintiff Jacobs request this Honorable Court to enter judgment in its favor and against Defendant Single Point Sourcing in the amount of at least $11,261.91 plus such additional relief as this Court deems just and proper. Respectfully submitted, LAWS, STARUCH & PISARCIK By rcik, Esq. A Atty. ID No. 39181 20 Erford Road, Suite 105 Lemoyne, PA 17043 717-975-0600 717-975-3871 fax Ismip@aol.com Attorneys for Plaintiff David F. McClure Co. d/b/a O.L. Jacobs' Sons 5 Jacohs' Sons Pnposi 22 3'.h St, New Cumberland, PA 17073 Phone; (f 17) 737-4723 Fic ;7;7) 73"-2',74 ','!','!'r'1.OL JAC0BS,C0741 INfORMATJ . Submitted To: • . Address: • City, State ZIP: Attention: SCOPE OF WORN Single Point Sourcing 230 .Gettysburg Sk ..- Dills:ourg, PA 17019 Doug Steverson 10714,2;173 OL jaco s' Sons AlECHANICAL CONTRACTOR "Since 1945' Phone #: (717) 516-5210 Job Name: Job Location: Bindrey Area Email: • doug.stevenson@getsps.com 'Repair aft handler unit. (Replace shaft and bearings. Supply lift for, installation. It is assumed that existing blower wheels' • are balanced and.DO NOT need replaced. Notes: • Customer. will only be invoiced for actual materials and labor used. Labor rate is $56.00 an hour per man. *Half down is due at signing and the remainder is due on completion.* COMPANY PROPOSAL. ,•it .n. rt�i,-•.A-,i�k t.a. .c • .Ys'N `T�lEu: All material is guaranteed to be as specified. All work to be completed in a workmarlike manner according to standard • practices. Any alteration or deviation from above specifications involving extra costs will be executed only.upon written orders, and will become an extra charge over and above the estimate. All agreements cont'ngent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. OLr workers are fully covered by Workman's Compensation Insurance. _ Authorized Signaturie NOTE: This proposal my be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL Date z (!Is t -T fs Y�+ia?. E �»�;^'}'1`+V: *!:•wr.*`' i �'it:�s�s7.i.ba'�"y.'Y„�. 'zs}. �Y The above pricing, specifications a conditions are satisfactory and are hereby accepted. You are authorized to do work as specified. -Payment will be made as outlined above. Signature £00/£00 'd (XVd) EXHIBIT A /0// 2//// 5 Date, 6£ L0 £tOZ/91/Ol aL Jacobs' Sons kIo 22 3th St, New Cumberland, PA 17070 'hone: (717) 737-4723 Fax: (717) 737-2174 TNW,OLJACOBS,COM 10/14/2013 01, iacobs' Sons MECHANICAL CONTRACTOR "Sinci, 1945" .ty.. Description Trane Parts Grease and Bolts Lift (Delivery and Pickup) Labor: ; sHrs 2 Men 3 Days Page 1 of 2 Cost Total $2,061.00 529.00 5150.00 $2,061 00 529.00 S150.00 556.00 52,688.00 Subtotal Tax rate Tax Grand total 54,928.00 0.00% $0.00 al, iaco1s' iouFoos! 22 3th St, 11ia',7 Cumberland, PA 17070 ?,i ;ne: (717) 737.4"23 Fa: -c ( i7) 737-2174 Vfi''PtJa O L-J.A C O D 3:COM 0 I 13/23/2013 .a'o,. ons iNfECt1,AN1CAL CONTRACTOR "sine 1945" a mer.m. i-sc..3arimmr_cs aasm”,---,-r'••-- XrdMurs.-aESEMI IRMILt'mac:...-�-iZ. rsnv'^-`I•-^:lerl Submitted To: Address: City, State ZIP: Attention: SCOPE Of WORK Single Point Scurcina 230 Gettysburg St Dillsburg, PA 17019 Doug Stevenson Phone #: Job Name: Job Location: Email: (717) 516-5210 Boiler Cleaning Mechanical Room dcug.stevensonLgetsps.com Clean and service gas fired steam boiler. Replace heat valve. All repairs to be quoted before any work is performed. Total budget to perform work listed above: $1,800 - $2,800 Notes: 1. Customer will only be invoiced for actual materials and labor used. Labor rate is $56.00 an hour per man. 2. Apprentices labor rate will be $50.00 per hour. 3. Job not to exceed 2 days. COMPANY PROPOSAL •Mir .Z17 `Payment is due upon completion of work.* t. 1f.:jhc Y�:►t:e; TJ pI' S}r All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge dyer and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Authorized Signature NOTE: This proposal my be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL iyt +, w,`:. st tom,= Date Low Lex- KiTS The above pricing, specification and conditions are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be madh as outlined -above. - Signature Invtnn .a lxVd1 to -2-CI 12013 Date TOM NOZ/6Z/Oi "Since 1945" OL.Jacobs' Sons MECHANI CA L CON TRA CTOR www.01..jacobs.com 22 8th Street New Cumberland, PA 17070 (717) 737-4723 Fax (717) 737-2174 Info@OLJacobs.com Sold To: SINGLE POINT SOU=CINE 230 GETTYSBURG STREET DILLS2•JR.G 17019 Art: DOUG Job Location: SINGLE POINT SOURCING 230 GETTYSBURG STREET 17019 215-1108 INVOICE Invoice Number: Invoice Date: Terms: Customer Code: Reference: Customer Order: Work Order #: Work Order Type: Job Location: Called By: Starting Date: Ending Date: W34248 Aug 30/13 N, --T .. SING17 13-0063473 COMM. SERV. SINGLE POINT SOURCING Aug 15/13 Aug 19/13 Work Performed C ECE ALL AIR CONDITION UNITS FOR FUTURE REPAIRS. 8/15/13 8.00 Hrs 448.00 - CONDITIONS - Subtotal Total Invoice 448.00 448.00 DAFLURE Thank You, EXHIBIT B Please remit to: 22 8th Street, New Cumberland, PA 17070 "Since 1945" OL.Jacobs' Sons MECHANICAL CONTRACTOR www.OLJacabs.com Sold To: SINGLE POINT SDUROIN4 230 GETTYSBURG STREET UILL SBi;RG .7019 DOUG Job Location: SINGLE POINT SOURCING 230 GETTYSBURG STREET 17019 215-1109 INVOICE Invoice Number: Invoice Date: Terms: Customer Code: Reference: Customer Order: Work Order #: Work Order Job Location: Called By: Starting Date: Ending Date: 22 8th Street New Cumberland, PA 17070 (717) 737-4723 Fax (717) 737-2174 Info `OLJacobs.com N53237 Nov 20/13 NET 15 EO:LER CLEAN 13-0064.972 COM= -MI . S E RV . SINGLE POINT SOURCING Nov 5/13 Nov 5/13 P Work Performed CLEAN, REPAIR, AND SERIVCE STEAM BOILER. CHECK SYSTEM OPERATION. REPLACE STEAM HEATING VALVE ON OFFICE _IR HANDLER. 11/1/13 - MECHANIC 11/1/13 - APPRENTICE 11/4/13 - MECHANIC 11/5/13 - MECHANIC Total Labor #HMC6097A1095 AIR/GAS SWITCH #84830 BRUSH KIT #83030 BRUSH KIT #V5011N2063 HEATING VALVE FT. #107790 GASKET 8.00 Hrs 8.00 Hrs 9.00 Hrs 8.00 Hrs 1.00 1.00 1.00 1.00 15.00 *** C O N T I NUE D*** 135.91 14.09 11.17 274.20 4,4E 448.00 400.00 504.00 448.00 1,800.00 135.91 14.09 11.17 274.20 66.90 Thank You, Please remit to: 22 8th Street, New Cumberland, PA 17070 "Since 1945" OL. Jacobs' Sons MECHANICAL CONTRACTOR www.©l.jacabs.com 22 8th Street New Cumberland, PA 17070 (717) 737-4723 Fax (717) 737-2174 Info@OLJacobs.com Sold To: SINGLE POINT SOURCING 230 GETTYSBURG STREET DILLS -BURG 17019 DOUG Job Location: SINGLE POINT SOURCING 230 GETTYSBURG STREET 17019 215-1108 INVOICE Invoice Number: Invoice Date: Terms: Customer Code: Reference: Customer Order: Work Order #: Work Order Tyne: Job Location: Called Ey: Starting Date: Ending Date: KS5297 N07 20/13 NET 15 S I ` C / 13-CC64902 CONN. SERV. SINGLE POINT SOURCING Nov 5/13 Nov 5/13 � Descri • bon * * * FT. 4339768 INSULATION 4007878F CLEANOUT COVER GASKET 4042305 HANDLE GASKET FT. 4053754 GASKET #ADH77 ADHESIVE 4WSF12 DEGREASER Total -Other Charges C ONTINUED*** 25.00 1.00 8.00 22.00 1.00 1.00 2.60 17.99 9.36 1.83 14.59 15.36 65.00 17.99 74.88 40.26 14.59 15.36 730.35 - CONDITIONS - Subtotal Total Invoice 2,530.35 2, 530.35 Di4FLUR[ Thank You, Please remit to: 22 8th Street, New Cumberland, PA 17070 • "Since 1945" OL.Jacobs' Sons MECHANICAL CONTRACTOR www.OLJacobs.com Sold To: SINGLE POINT SOURCING 230 GETTYSBUP.G STREET 05LLSE_RG 17019 Art: D017: Job Location: SINGLE POINT SOU RC I NG 230 GETTYSBURG STREET 17019 215-1108 Disc *Tock Performed REPAIR AIR HANDLER UNIT. CHECK SYSTEM OPERATION. 11/5/13 11/6/13 11/7/13 11/13/13 11/14/13 11/15/13 Dotal Labor 1,IFT RENTAL 1SHFF00158 SHAFT $BRG00648 BEARINGS FREIGHT CHARGE 7USTON FAB BEARING PLATES _Y7 101 22 8th Street New Cumberland, PA 17070 (717) 737-4723 Fax (717) 737-2174 Info.OLJacobs.com Invoice Number: Invoice Date:l Terms: Customer Code: Refere-ce: Customer Order: Work Order #: Work Order Tyle: Job Location: Called Ey: Starting Date : Ending Date: 16.00 Hrs 16.00 Hrs 7.50 Hrs 2.50 Hrs 6.00 Hrs 3.00 Hrs 1.00 1.00 2.00 1.00 2.00 *** C O N T I N U E D*** 1135293 Nov 20/13 NET 51 j!7 13-1007C COMM. SERI. SINGLE POINT Nov 7/13 Nov 20/13 150.00 1,845.45 107.58 127.20 68.00 SOURCING 896.00 896.00 420.00 140.00 336.00 168.00 2,856.00 150.00 1,845.45 215.16 127.20 136.00 atIFiVRr Thank You, Please remit to: 22 8th Street, Ne',v Cumberland, PA 17070 "Since 1945" O.L.Jacobs' Sons IIMEWEIMINZIONIMMENNEMZUMMINICIMW MECHANICAL CONTRA CTOR www.OLJacobs.com 22 8th Street New Cumberland, PA 1 7070 (717) 737-4723 Fax (717) 737-2174 1nfo@OL Jacobs com Sold To: SI\1LLE P 0I? T S J :DING 230 G T1YSBURG STREET 01LLS JR0 17019 At: DOUG Job Location: SINGLE POINT SOURCING 230 GET'TiSBURiG STREET 17019 215-1108 7\7707r7 Invoice Number: Ir_voice Date: Terms. Customer Code: Custooer Order : Work Order #: Work Order Type: Job Location: Called By: Starting Date: Ending Date: 6','55293 Nov 20/13 NET 15 S1 317 qHA7T 13-1007C COMM. SERI. SINGLE POINT SOURCING Nov 7/13 Nov 20/13 e en tion S T 1716 BUSHING KIT GREASE RND BOLTS CREDIT FOR NOT TO EXCEED Total -Other Charges Wicitklakftte C ONTINUED 1.00 1.00 -1.00 *** Pca1 Tota} 53.36 29.00 484.17 53.36 29.00 -484.17 2,072.00 - CONDITIONS - Subtotal Total Invoice 4,928.00 4, 928.00 DAt'WRE Thank You, Please remit to: 22 8th Street, New Cumberland, PA 17070 VERIFICATION Subject to the penalties of 18 Pa.C.S. Section 4904 (relating to unsworn falsification to authorities), I, Rolla Lehman, general manager for Plaintiff David F. McClure Co. d/b/aO.L. Jacobs' Sons, hereby declare that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Ro a Lehman