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HomeMy WebLinkAbout14-7314 Supreme Courf,&f.'Pennsylvania �\ Couml,'CommoiPleas For Prothonotary Use Only: � r.r Ci-iHINver.Sheet f S Docket No: Cumbe land County r '' The igformation collected on this form is used solely.for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by low or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons El Petition I+ CE Transfer from Another Jurisdiction r] Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T UniFirst Corporation and/or UniFirst Holding, LLP Cree's Welding & Fabrication, Inc. Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes No O (check one) Ooutside arbitration limits N Is this a Class Action Suit? Yes [E No Is this an MDJAppeal? El Yes M No A Name of Plaintiff/Appellant's Attorney: Check here if you have no attorney (are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include A1ass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 117 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections Nuisance 0 Dept. of Transportation 0 Premises Liability ] Statutory Appeal:Other S © Product Liability(does not include E mass tort) F7 Employment Dispute: Slander/Libel/Defamation Discrimination C 0 Other: ® Employment Dispute:Other 0 Zoning Board T © Other: I M Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common Law/Statutory Arbitration B F7 Eminent Domain/Condemnation n Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute EJ Non-Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY © Mortgage Foreclosure:Commercial Q Quo Warranto 0 Dental 0 Partition 0 Replevin n Legal 0 Quiet Title Other: 0 Medical 0 Other: Application to Confirm 0 Other Professional: Arbitration Award Updated 1/1/2011 Dean F. Piermattei, Esquire Attorney ID No. 53847 Jill N. Weikert,Esquire . J Attorney ID No. 208055r, RHOADS & SINON LLP ' One South Market Square P.O. Box 1146 Harrisburg,PA 17108-1146 Telephone: (717)233-5731 Facsimile: (717)238-8622 Attorneys for Applicant UNIFIRST CORPORATION AND/OR ) IN THE COURT OF COMMON PLEAS UNIFIRFST HOLDING, LLP, d/b/a ) CUMBERLAND COUNTY, UNIFIRST and/or UNIFIRST ) PENNSYLVANIA CANADA, LTD., ) Applicant ) l NO. V. ) CREE'S WELDING & ) FABRICATION, INC., ) Respondent ) APPLICATION TO CONFIRM ARBITRATION AWARD PURSUANT TO 42 PA. C.S. §7342(B) NOW COMES, Applicant, UniFirst Corporation and/or UniFirst Holding, LLP, d/b/a UniFirst and/or UniFirst Canada, Ltd., by and through its attorneys, Rhoads & Sinon LLP, and files the within Application to Confirm Arbitration Award and avers as follows: 1. Applicant, UniFirst Corporation and/or UniFirst Holding LLP, d/b/a UniFirst and/or UniFirst Canada, Ltd. ("UniFirst"), is a corporation incorporated under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 8176 Presidents Drive, Suite C, Hummelstown, Dauphin County, Pennsylvania 17036. 2. Respondent, Cree's Welding & Fabrication, Inc. ("Cree's Welding"), is a corporation incorporated under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 6344 Brandy Lane, Mechanicsburg, Pennsylvania 17055. n a 971610.1 3. Pursuant to a written Customer Service Agreement (the "Agreement") dated August 12, 2008, Unifirst agreed to provide uniforms and other related services to Cree's Welding, and Cree's Welding agreed to pay the amount owed each month for the uniforms and related services. The Agreement became effective on August 28, 2008, when both parties signed the Agreement. 4. The Agreement provides for final and binding arbitration of all disputes between Unifirst and Cree's Welding in accordance with the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). 5. On August 24, 2011, Cree's Welding unilaterally and improperly terminated the Agreement with UniFirst without cause. 6. Pursuant to the Agreement, UniFirst filed a Demand for Arbitration with the AAA on February 14, 2014. 7. Philip S. Cottone, who was appointed by the AAA as the arbitrator in this matter on May 20, 2014, decided the case based upon the parties' written submissions. 8. On July 24, 2014, the Arbitrator entered an Award against Cree's Welding for damages in the amount of$5,658.73. The Arbitrator also ordered Cree's Welding to reimburse UniFirst for the costs of arbitration in the amount of $900.00. A true and correct copy of the Award is attached hereto as Exhibit "A" and is incorporated herein by reference. 9. The AAA sent the Award via e-mail to Unifirst and Cree's Welding on July 25, 2014. 10. To date, Cree's Welding has not satisfied the Award and more than thirty (30) days have passed since the issuance of the Award. 2 11. Pursuant to 42 Pa. C.S. §7342(b), "on application of a party made more than thirty days after an award is made by an arbitrator under Section 7341 (relating to common law arbitration), the court shall enter an order confirming the award and shall enter judgment in conformity with the order." 42 Pa. C.S. §7342(b) (emphasis added). 12. Pursuant to 42 Pa. C.S. §7342(b), UniFirst files the instant Application to confirm the above-referenced Award of $5,658.73, plus $900.00 in costs, and requests that this Court enter an Order reducing the Award, plus interest and costs, to a judgment against Cree's Welding. WHEREFORE, Applicant UniFirst Holding, LLP d/b/a UniFirst and/or UniFirst Canada, Ltd. respectfully requests that this Honorable Court grant the instant Application and enter an Order consistent herewith. RHOADS & SINON LLP By: rNWeikert iermattei One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Applicant Date: December 11, 2014 3 VERIFICATION "Terrance ()'Melia, deposes and says, subiect to the penalties of 18 Pa. C.S. §4904 relating to unsworn Ialsilication to authorities, that he is the Branch Manager of the I-lummelstown offlee of' UniFirst Corporation and/or UniFirst Holding, LLP, d/b/a UrniFirst and/or Unihirst Canada, Ltd., that he makes this verification by.its authority and that the facts set forth in the Application to Confirm Arbitration Award are true and coii•ect to the best of his knowledge,information and belief. i Date err Ce elia I i i i i i i I r i i EXHIBIT "A" AMERICAN ARBITRATION ASSOCIATION Commercial Arbitration Tribunal In the Matter of the Arbitration between Case Number: 14-20-1400-0204(Formerly 14-137-E-00204-14) UniFirst Corporation and/or UniFirst Holding,LLP, (Claimant) d/b/a UniFirst and/or UniFirst Canada,LTD -vs- Cree's Welding and Fabrication,Inc. (Respondent) AWARD OF ARBITRATOR 1,THE UNDERSIGNED ARBITRATOR,having been designated in accordance with the Arbitration Agreement entered into by the above-named Parties,and dated August 12,2008,and having been duly sworn,and the oral hearings having been waived in accordance with the Rules,and having fully reviewed and considered the written documents submitted to me by Claimant who is represented by Dean F. Piermattei,Esq.,and by Respondent who is represented by Michael A. Scherer,Esq,hereby AWARD,as follows: Respondent shall pay the amount of$3,476.48 in damages and$2,182.25 in attorney's fees,for a total of $5,658.73 to Claimant. The administrative fees of the American Arbitration Association totaling$450.00 and the compensation of the arbitrator totaling$900.00 shall be borne by Respondent. Therefore,Respondent shall reimburse Claimant the sum of$900.00 representing that portion of said fees in excess of the apportioned costs previously incurred by Claimant. This Award is in full settlement of all claims submitted to this Arbitration. All claims not expressly granted herein are hereby,denied. July 24, 2014S"'`.C./ -- Date Philip S Cottone,Arbitrator UNIFIRST CORPORATION AND/OR ) IN THE COURT OF COMMON PLEAS UNIFIRFST HOLDING, LLP, d/b/a ) CUMBERLAND COUNTY, UNIFIRST and/or UNIFIRST ) PENNSYLVANIA CANADA, LTD., ) Applicant ) V. NO. CREE'S WELDING & ) FABRICATION, INC., ) Respondent RULE 236 NOTICE TO: Michael A. Scherer, Esquire Baric Scherer LLC 19 West South St. Carlisle, PA 17013-5755 You are hereby notified that Judgment is hereby entered in favor of Applicant, UniFirst Corporation and/or UniFirst Holdings, LLP, d/b/a UniFirst and/or UniFirst Canada, Ltd. and against Cree's Welding and Fabrication, Inc., in the amount of$5,658.73, costs of arbitration in the amount of$900.00, plus interest and costs incurred in filing this Application. Date: 12, Prothonotary UNIFIRST CORPORATION AND/OR ) IN THE COURT OF COMMON PLEAS UNIFIRFST HOLDING, LLP, d/b/a ) CUMBERLAND COUNTY, UNIFIRST and/or UNIFIRST ) PENNSYLVANIA CANADA, LTD., ) Applicant ) v. ) NO. 111- '13I - CeoZL47-60--Pri ) CREE'S WELDING & ) FABRICATION, INC., ) Respondent ) ORDER AND NOW, this / Z` day of 4„, , 201a, upon consideration of UniFirst's Application to Confirm Arbitration Award, it is hereby ORDERED, DIRECTED and DECREED that the Application is GRANTED and Judgment is hereby entered in favor of UniFirst Corporation and/or UniFirst Holding, LLP, d/b/a UniFirst and/or UniFirst Canada, Ltd. and against Cree's Welding & Fabrication, Inc. in the amount of $5,658.73, costs of arbitration in the amount of $900.00, plus interest and costs incurred in filing this Application. BY THE COURT: Distribution List: ✓Dean F. Piermattei, Esquire, Rhoads & Sinon LLP, P.O. Box 1146, Harrisburg, PA 17107-1146 ,7fv4ichael Scherer, Esquire, Baric Scherer LLC, 19 West South St., Carlisle, PA 17013-5755 Co ,'F.s ►�'t-�. «-.- I