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HomeMy WebLinkAbout05-2470 I l( I I I BWP/CAR QUEST DISTRIBUTORS, tJa CARQUEST Plain tiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : CIVIL ACTION NO. 0'1- J<-f1 (j ~ RICK SCOTT d/b/a RICK'S AUTOMOTIVE MACHINE SHOP, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle P A 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO IMMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO. VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PAM A VERIGUAR DONnE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 BWP DISTRIBUTORS, INC., tJa CARQUEST Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW RICK SCOTT d/b/a RICK'S AUTOMOTIVE MACHINE SHOP, Defendant : CIVIL ACTION NO. (25- ,2'17.; COMPLAINT 1. Plaintiff is BWP Distributors, Inc., tJa Carquest (hereinafter referred to as "BWP") with a business address of215 Business Park Drive, Armonk, New York 10504. 2. Keith Blessing is the owner of the real estate located at 810 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff, BWP leases property from Keith Blessing located at 810 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Defendant is Rick Scott, a citizen of the Commonwealth of Pennsylvania, who at the time complained of herein occupied and rented the premises owned by Plaintiff located at 810 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 5. On or about February 2001, Plaintiff sub-leased to Defendant space at 810 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 6. Plaintiff wrote to Defendant on February 27,2001, and memorialized an agreement between the parties setting forth the amount of future rental payments for the property located at 810 North Hanover Street, Carlisle, Pennsylvania. A copy of said correspondence is attached hereto as Exhibit "A" and is incorporated herein by reference. 1 7. Since the February 27,2001 correspondence, Defendant failed to submit any rent payments to the Plaintiff for the use of the premises at 810 North Hanover Street, Carlisle, Pennsylvania. 8. Plaintiff again spoke with Defendant on February 17, 2004, and advised Defendant that he had not paid any rent to the Plaintiff since February 27,2001, and that he was to further vacate the premises as of March 2,2004. A copy ofthe February 17, 2004 correspondence is attached hereto as Exhibit "B" and is incorporated herein by reference. 9. On February 18, 2004, Defendant responded to Plaintiff by correspondence that he had conferred with his attorney and that in pertinent part that he would vacate the premises with his belongings by April 30, 2004. A copy of the February 18, 2004 correspondence is attached hereto as Exhibit "C" and is incorporated herein by reference. 10. On February 28,2004, Plaintiffforwarded by fax to Defendant's counsel, correspondence setting forth the terms under which the Defendant would vacate the property located at 810 N. Hanover Street, Carlisle, Pennsylvania. A copy of the February 28, 2004 correspondence is attached hereto as Exhibit "D" and is incorporated herein by reference. 11. On March 4, 2004, Defendant signed the February 28, 2004, correspondence referenced above accepting the terms of vacating the premises at 810 N. Hanover Street, Carlisle, Pennsylvania, with an attached addendum. A copy of the signed acceptance of the terms set forth in the February 28, 2004, letter and attached addendum are attached hereto as Exhibit "E" and are incorporated herein by reference. 12. On or about May 10, 2004, Plaintiff retained the services of counsel to assist with the eviction proceedings against Defendant from the premises located at 810 N. Hanover Street, 2 Carlisle, Pennsylvania. 13. On or about May 24,2004, Plaintiffs counsel sent correspondence to Defendant notifying Defendant that he had ten (10) days from the receipt of the correspondence to vacate the premises at 810 N. Hanover Street, Carlisle, Pennsylvania and that said premises were to be left in the condition in which it was received, including the removal of all trash and to be broom swept. A copy of said May 24, 2004 correspondence is attached hereto as Exhibit "F" and incorporated herein by reference. 14. Defendant is indebted to Plaintiff for rent due on the premises, without interest or penalty, in the amount of$17,940.00. 15. Defendant failed to remove trash, oil and antifreeze from his automotive repair business upon vacating the premises which necessitated Plaintiff expending $577.20 to Onyx Environmental Services to remove the said trash, oil and antifreeze from the premises at 810 N. Hanover Street, Carlisle, Pennsylvania. A copy of an invoice from Onyx Environmental Services is attached hereto as Exhibit "G" and is incorporated herein by reference. 16. Defendant failed to remove heavy iron objects and trash from his automotive repair business upon vacating the premises which necessitated Plaintiff expending $500.00 to Payless to remove said iron and trash from the premises at 810 N. Hanover Street, Carlisle, Pennsylvania. A copy of an invoice from Payless is attached hereto as Exhibit "H" and is incorporated herein by reference. 17. Defendant is indebted to Plaintiff in the amount of$ I 7,940.00 for rent, $577.20 to Onyx Environmental Services for the removal of trash, $500.00 to Payless for removal of iron and trash, along with reasonable legal fees and expenses incurred by Plaintiff for the eviction of 3 Defendant from the premises located at 810 N. Hanover Street, Carlisle, Pennsylvania. WHEREFORE, plaintiff requests judgment against the defendant in the amount of $17,940.00 for rent, $577 .20 for trash removal, $500.00 for removal of iron and trash, along with all costs and attorney's fees and such other relief as this court deems appropriate. Respectfully submitted, ~Q~ Mark A. Mateya, Esquire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax Date: ') ~I D:) Attorney for Plaintiff 4 J' ,/. c- 8W~. "' '"'~. "'" """ N~"" '""" .'"", "H","OO. e..,"H""" . Distributors: Rick Scott d/b/a Rick's Automotive Machine Shop 810 North Hanover Carlisle, P A l7013 February 27, 2001 Dear Mr. Scott, This letter will serve to confirm OUI agreement and understanding regarding the past due rent that you owe BWP Distributors and future rental payments for the property located 810 North Hanover Street, Carlisle, P A. You agreed that after your payment of two thousand dollars ($2,000) you currently owe BWP the sum offoU!: thousand and four hundred dollars ($4,400). You have agreed to repay this sum by making the following payments: 1) one thousand and five hundred dollars ($1,500) on March 1, 2002; 2) one thousand and five hundred dollars ($1,500) on April I, 2002; and 3) one thousand and four hundred dollars ($1,400) on May 1,2002. We have also agreed that your rent shall be increased to four hundred and sixty dollars ($460) per month effective March 1, 2002 and that these payments shall be due on the first day of each month. This lease may be cancelled by either party on thirty (30) days notice. If the above reflects you understanding of our agreement, please sign below to signify your assent. Very truly yours, ~ - -= ..-? -- . Len Herman EXHIBIT I A I J BWI-~ ~&..'Ir. 215 Business Pari< Drive, Armonk, NY 10504. Phone: 914-765-6500' Fax: 914-765-6555 I:., \ .,,-,,- , \ '.' \,<- c:: C"....., .~ Ri ck Scott Rick's Aute'motive Garage 810 North Hanover Street Carlisle P A 19426 February ]7, 2004 Regular Mail and Return Receipt Requesled Dear Mr. Scott, This letter will serve to confirm our phone conversation of February ] 7,2004. At that time I advised you that you must immediately cease and desist from using a kerosene heating system in YOLlr facility because it was causing dangerous and noxious fumes to enter BWP's place of business. I also advised you that any heating system that you may elect to use must conform to all fire codes and the rules and regulations of all local, county and state entities. ] also advised you that you have failed and refused to follow our agreement regarding the payment ofrent. Furthermore, at no time have you contacted anyone at the Company to .ldvise us of your alleged financial hardship and request that the terms of our agreement be modified. I therefore advised you that I want you to vacate the premises by March 2, 2004. At that time we will be placing a lock on the door. During our phone conversation you asked if it would be all right if your attorney contacted me. Please cia not hesitate to have him give me a cal!. If you have any questions, please do not hesitate to contact me. .. :J ::l ~ J , , J .U;S. Postal ServiceT" I' ';' : , CERTIFIED MAIL", 'RECEIPT: tDpmes(/c Mall Only: Np '''surn~ci! qDvetagc~provlded) ., . , . '.' " , r () F f'~ C ~ A , P ~!l llft:J' I ~, .) .:> ;p., ,,- J PC!:;fage . J C;rt/l1ocf~t) RctlJm Recl&pt F8fJ r"O~rlc {~rS8tl'lImTRoqtJlrud) Heoro AK!riCtGl:lO,lIv&yF9fIo (Endo/$eml'"t Req~~a) lbta.l Poste\)O & 1'ec:~ $ Very truly yours, t"- '" r'I cr- ::J :J ::l n ...... ...~~.. .-..----. ::~~;.~~;~..;::.::::;=~~.,--_.....~...__..._--- Len Hennan '.fr1' fLbY.d.' I ..' ". ?, 0- '"....Ape .1ff:-- - - . - J_<f(~..6c.Lr..~~_.._ ;i;~"(-_"":.......!C!;n,..jjl;":cf)C4?L.:s_t.._._......._ ~,.... , ...J . ..- EXHIBIT J l3 Rick's Automachine and Balancing RR 810 N. Hanover St. Carlisle, PA17013 /' Mr. Helman, Following our conversation of 17 February 2004, I have consulted with my attorney regarding my rights as the lessee of the property at 810 N. Hanover and learned these facts that I am sure you are aware of: By PA Law 1. I do have the right to a timely notice of eviction and subsequent hearing. After a notice by a district justice in which I will have 30 days to comply with said Justices' order. 2. .I can not be locked out of my place of business, (such as Feb. 2002) unless I have specifically violated a legal court order. If I am locked out while not in violation, it is within my rights to use a means of re-entry necessary to gain access with no repercussions to assigns or myself. 3. I do have the right to claim damages to my equipment and loss of income due to your negligence of the water problems I had expressed to the management and also the general lack of maintenance to the property. The are two ways that we can handle this situation. 1. Your firm can go ahead with the legal procedure of eviction 2. ] will vacate my belongings from the premises by 30 April 2004 willfully and without recourse. This is my offer. Please respond to my attorney; Karl Rominger, Esq. 155 S Hanover 8t. Car1isle, P A 17013 I will be forwarding a copy to him as well as Mr. George Lyter, the owner of the equipment. J7~~ 0'f~~ . /~ Rick cott EXHIBIT I ~ ,"--.' ;.-:\/:.>}~;.. , '~0:;~:,~:~~j{ ':,.:,':':~ ,-,'N BWPcZfsr .... C c~,~R- Distributor: 215 Business Park Drive, Armonk. NY 10504' Phone: 914-765.8500' Fax: 914-76S-asS5 Karl Rominger Esq. 155 S. Hanover Street. Carlisle,PA 17013 February 28, :W04 Fax (717241 6878 Dear Attorney Rominger, This letter will serve to confmn our agreement and Ullderstanding regarding Rick Scott b/dla Rick's Automachine and Balancing, located at 810 N. Hanover Street, Carlisle PA 17013 and BWP Distributors Inc. Scott has agreed to vacate the premises by no later than April 30. 2004, remove all machinery, parts and any and all other material in the area that he is using as well as all vehicles, parts or other material in the parking Jot that are not owned or leased by BWP, repair any and all damage to the premises and return it to B WP in a broom swept condition along with any and all keys. Scott has also agreed to release any and all claims that he now has or may have in the future against BWP, its officers, directors, shareholders employees and agents and the landlord of the premises and to sign a release prepared by BWP. If the above reflects your Wlderstll11ding of our agreement please have you client sign below, fax a copy of this agreement to my office by March 5, 2004 at (914) 765-8777 and mail the original to my office at the address listed above. Jfyou have any questions, please do not hesitate to contact me. Very truly yours, ,......,"..-. ::.',::::::::::::::'::> ..-----~'_. ---==----- y ._.... "'. -"_..~"'-"'l--- Len Herman Accepted and Agreed: Date .....-.. Rick Scott d/b/a Rick's Automachine and Balancing EXHIBIT I 1) ~w """T U.L;.L rp ',-: "~. .-- -- ~~ . c2~~ . 215 BuSiness Pif~ 0....... Arm",,'. NY , OS04 . Phone: 9'''765-8500. Fa., 9'4'7l!5.Jl5S5 P,l -OJ s.t,; b_U1 or s. .:' ,. Karl Rominger Esq. 155 S. Hanover Street. CarJ;~le. PA 17013 -, ~b..,~:-:if/I 0"1 (' t'-:/~~:r; ;;'J~1,J February 28, 2004 Fax (717 241 6878 Dear Arrorney Rominger, This letter will sesve to eonfinn Ollr agreemenl and WldentandiDg rcgardingRick Scott b/dl. Rick's Autorililchine alId13lil""oiifg;loe,imnCS10'N: HantlVer Stn:et, Ca:disle P A 17QI3 and -BWP Distributor. me. SCOlt has agreed to vacate Ibe premises by no later tllnn April 30, 2004, remove all machinery, parts and any and all other material in the area Ihal he is using as well as' all vehicles, parts or other material in the parkins lot that are nOl owned or leased by B WP, repair any 311d all damage to the premises and tolUm illO BWP in a broom swept condition along wilb any wd all keys. Scott has also agreed 10 release any and .11 claims that be now bas or may ha\'e in the future again5t BWP, its officers, directon, 9hareholders employ... and a8enls and the l:millord of lbe PJ'emises llIld to sign" release prepared by BWP.1f the aOove rellects your understanding OfOUl agreemenl please have yoll client sign belo.w. rax a copy o.fthis agreemeot (a my office byMlrch 5, 2004 at (914) 765.8777 and maillhe onginal to my office al the address listed above. lfyou haVe any questions. please do not hesitale to COnlael me. Ve,y nuly YOUlS, - ..~ -- -.--...,....... _....__--::0- -- Len Herman Accepted and Ag;-eed; 2oP~~ Rick Sooll d/b/a Rick's Automachille and Balancing Date j/~~IV\J en+- "ift1Yl ~l. heJ l1d~PY1 ~lAm ---:L lV.' II s< (j'7 Ot'jrw>>1~- EXHIBIT j E nar U~ U4 Ol:lBp p.2 March 4, 2004 Upon conferring with my attorney, I will agree to this document except for the following conditions. 1. The machinery does not belong to myself, it belongs to George Lyter. Therefore it will not be leaving with me. Separate arrangements will have to be made with him. 2. I have not, nor plan to damage the premises with the exception of normal wear. I can not be held liable for the damages that were here before BWP/ Car Quest or I even leased the building. No one from BWP has ever walked through to assess these conditions. I have been on these premises since June 1988. The business upstairs then was Lyter's Big A. 3. The are "rooms" that were built when the business was established, that I will not be responsible for removing. I will remove all of my materials and belongings, sweep the building and return all keys. I will also agree to release any claims. Based on the facts set forth, this is the arrangement that I will agree to. ~k~ fiLE COpy Mark A. Mateya Attorney at Law Post Office Box 127 Boiling Springs, Pa 17007-0127 Phone 717-241-6500 Fax 717-241-3099 May 24, 2004 Rick Scott d/b/a Rick's Automotive Machine Shop 810 North Hanover Carlisle PA 19426 Re: Lease Tem1ination Notice; Notice to Vacate Premises Dear Mr. Scott, My name is Mark A. Mateya. I am an Attomey whose services have been retained by BWP Distributors. Inc. This letter is your fom1al notification that your Lease has been tem1inated and that you are required to vacate the premises. You are hereby notified that as often (10) days of your receipt of this letter any Lease between yourself and BWP Distributors, Inc., is hereby terminated. The premises referred to in this letter are known as Rear 81 (J North Hanover Street, Carlisle, Pennsylvania. As required by applicable laws of the Commonwealth of Pennsylvania, you are hereby given notice that the landlord is exercising his right to terminate your Lease effective ten (10) days from the date of your receipt of this letter and you are required to vacate the premises on or before that date. It is landlord's intention to take possession either voluntarily from you or by the filing of a Writ of Possession, ten (10) days after your receipt of this letter.' You are required to pay and are responsible for paying all rent through the effective date oftenninatlon mentioned above at the rate agreed to in the correspondence between BWP Distributors, Inc., and yourself on February 27, 2001. Rent due on the premises, without interest or penalty is $17,940.00. 'Under the prior law a breach for non-payment of rent required a notice of fifteen (15) days between April I" and September I" and thirty (30) days for the remainder of the year. Under present law, where the breach of a lease is for failure to pay rent, only ten (10) days notice are required. w EXHIBIT I r: 1 Rick Scott May 24, 2004 Page Two You are required to return the property in the same condition in which it was received, except the normal wear and tear, including the removal of all trash and broom swept. Any and all copies of keys to the premises are to be returned to the law offices of Mark A. Mateya on or before the date of termination, as referred to above. Your Lease is being terminated for nonpayment of rent. If you have any questions concerning of the issues raised herein, you may contact me at (7 ] 7) 241-6500 or bye-mail atmmateva@.verizonmail.com. Sincerely, lt14 .~ Mark A Mateya, Esq. MAMlaa cc: Len Hernlan BWP Distributors 215 Business Park Drive Armonk NY 10504 Carl Rominger Esquire 155 South Hanover Street Carlisle P A 17013 www.mateyafamilylaw.com 4'ONYX RECEIVED APR 072005 ENVIRONMENTAL SERVICES For BIlling Inquiries Call TERESA STAILEY at 1(800) 237-1333 Customer No. 514215 BILL TO: BWP DISTRIBUTORS 215 BUSINESS PARK DRIVE 'ARMONK, NY 10504 LEN HERMAN CUSTOMER INVOICE INVOICE DATE I INVOICE NUMBER 03t2912005 I 507573900 DUE DATE IS 10 DAYS FROM INVOICE DATE Page 1 of 1 Generator No. 514390 JOB SITE: BWP DISTRIBUTORS DBA CARQUEST OF CARLISLE 810 N HANOVER STREET CARLISLE, PA 17013 TANA TROSTLE MANIFEST NUMBERS: A PAG179345 645082 NAPHTHA, OIL, & ANTIFREEZE SRR 551A1 3.00 $155.00 $465.00 Misc. Misc. SERVICE FEE PER STOP ENERGY & SECURITY SURCHARGE EACH PERCNT 1.00 555.00 $90.00 $0.04 $90.00 $22.20 TOTAL $577.20 Onyx Environmental Services lLC is permitted for and has capacity to accept waste listed above in container quantities. ALL PAST DUE AMOUNTS WILL BEAR INTEREST AT 1.5% PER MONTH OR THE MAXIMUM RATE ALLOWED BY LAW. WHICHEVER IS LESS. CUSTOMER COpy PL , CHICAGO, IL 60673-7709 EXHIBIT Onyx Environmental Services, L.l.C. 15490 Montanus Drive, Suite A, C\l1pepe1, VA 22701 I & Gi~~:'!1 :<: "' :J -..-...--..- o a.. o I- .) ~ ~ k 'V' " " ~ " f...\ ~ :<: ^ uJ "1 "'''' t: o ~ 'U ::>u. ..>- e. ) ..0 ~~ l ~ 0 :: M o ~ :t:; .Ii ~ :<:'" ~ "'z ~CJ --.( i" ::>" w ii~ - ~ ~ ~ ~: ~ 0 0 0 ....... 0 " c. C;) { .'- \;; uJ Ul '" ~ ---t) " ~ z ~ ::!~ ~ 00 ~ 0 w :JUl <fl !;;: "' 6 :J! ... z Ul '" <~ w III '" 0 ~ "' ::> I 0 m ..> " 0 u 0 :l (\\ H___......___ n__.____ g " < o ~ :<l ~ " 0, ,.~ \. '-I. ~ I" \) -.. . V) ~ ~. ~.... ~ \,) J ~ " I\.) '" 6'- ~ ~~ ~ ~~ ~ ~ ~I --;-W- '" '\ \ ~cJ' ~ L\ \ T ~ I \ I ..J 1t3 ~ ~\i ill ",\U <i '" U -' a.. '" <J) f- a: <( 0. ..J 5 f- EXHIBIT I H Sent BY~ Mark A Matey Esq; 717 241 3099; Apr-5-05 5:29PM; Page 2/2 VERIFICATION I, Len Herman, verilY that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information, and belief I lmderstand that false statements herein are subjcct to the penalties of 18 Pa. e.S. ~4904. relating to unsworn falsification to authorities. -- "..- - ---::::::::=. - -f::8A..Hennan '-=",~ DATED: ~ (---" \~) ~\.) P \"I> - Ci'" C <J-..! ~ -.J a .(;0p t-- -- ,..r- rC \)' '--' -J 0 ~ 0 c- c.:) 01 -n .--1 ..,.,. :r: ._.c, r:l v:- " I ~. C:1 "-1 " C' ) ("....:.' <-{! () BWP DISTRIBUTORS, INeJ.., t/a CARQUEST r Plaintiff ! , : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW RICK SCOTT d/b/a RICK'S AUTOMOTIVE MACHINE SHOP, Defendant : CIVIL ACTION NO. 05-2470 AFFIDAVIT OF SERVICE AND NOW, this 27th day of Mav. 2005, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: I. A Civil Complaint was filed to the above term and number on May 13, 2005. 2. On May 16, 2005, a certified copy of the Complaint was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. 3. On May 16, 2005, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy ofthe Certificate of Mailing is attached hereto as Exhibit 'A' and is incorporated herein by reference. - ~ 4. On or about May 19, 2005, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on May 18, 2005. Said receipt is attached hereto as Exhibit "B" and is incorporated herein by reference. Respectfully submitted, ~t~~ Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff . ~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FDA INSURANCE _ POSTMASTER Received From: 'Ir)A~K A. 7>)It-T/:-YA) ESQ. PD. "'Bo'X I),'" -Sod fAJb SfJR-IAJ(JS PA f'7()o1 o iece of ordinary mail addressed 10; Ic..K SCOTr JJiP ATE5 ST;eEFr 7Y)T HDLLy SPRWG-S Q g~ ~ c::::J <no iliLO 6 c::::J :tl I7bM> " PS Form 3817, Mar. 1989 EXHIBIT I A -- Q Q Q Q ~~~ ..l!) ~~ .' ~~ '" o :]: r c. '" - :D-< Z tn :]: -C")""U' C1--...j J:> c::cnoV).......-o z. 0-000 -l~-...J:O f/) Q - -< '" z '" '" '" In "' " '" . Il.J .:r- '" LrJ LrJ Il.J rn Il.J U.S. Postal Service," CERTIFIED MAIL," RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) .:r- CJ CJ CJ Postage $ Certified Fee $2.30 $1.75 $3.50 Return Reciept Fee (Endorsement Required) D Restricted Delivery Fee CJ (Endorsement Required) LrJ CJ Total Postage & Fees $ $8.38 rn ~ nt oR. I c..tJ 5e.on- ["\- &lii8t:'APINO:r'~-'-""YJ- nu_"_,,,-.uuno'_"______:__'__hU"_"_'''hU'' o'POBoxNc. II (p \ A TE5 5n~!; FT c~Si.""'P+4"~'i.L .....Spij.;:ii--s..7J~.....jtj~.~5. · ~2,and3.AI8o~ 11m 411 ~DeIIwty Ie deoinld. · JIIlnt)!OUl' Il8INI end ~ on the__ alh8l we can _ the card to you. · Mach this card to the beck of the maIIpIec;e, .. on the front II Ip8C8 permjts. 1. _Adell ...dlD: 'f1, 1?1c.K 5eOTT.;~\; :- Y;::~ s~:~ ~A 1'"1 f) /,6 I. MIcI8~; i' ;:. ii~~~i PS Form 3811, February 2004 IT !lomeotlo Return Rocelpt 1D25!J5.02.....15Co I 3. SoMce ~ 1(~ - 0 e..,..._ o "':, Od 0 RoIum "","",Ior__ 0__ o C.O.D. 4. Restrictoc:t Delivery? (EJmo Fee) "Yea 7003 0500 0004 2325 5842 EXHIBIT I E - () ....., 0 c.) 5~ C,") --n c.n L , :? C r,l ~ ('0 , , , -:;- C.) :~ 0 (.;i THE LAW OFFICE OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY 1.0.92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkooe@comcast.net Attorney for Plaintiff BWP/CAR QUEST DISTRIBUTORS, tla CARQUEST, Plaintiff, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-2470 : CIVIL ACTION - LAW RICK SCOTT d/b/a, RICK'S AUTOMOTIVE MACHINE SHOP, Defendant. NOTICE TO PLEAD To: BWP/Car Quest Distributors, tla Carquest and Mark A. Mateya, Esquire, its attorney: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. . THE LAW OFFICE OF SHANE B. KOPE By: ~~~- Shane B. Kope, Esq. Date: July 12, 2005 THE LAW OFFICE OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY 1.0. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkooe@.comcast.net Attorney for Plaintiff BWPICAR QUEST DISTRIBUTORS, tla CARQUEST, Plaintiff, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-2470 : CIVIL ACTION - LAW RICK SCOTT dlbla, RICK'S AUTOMOTIVE MACHINE SHOP, Defendant. DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTiFF'S COMPLAINT NOW COMES Defendant Rick Scott dlblal Rick's Automotive Machine Shop (hereinafter "Defendant"), by and through his attorney, Shane B. Kope, Esq., and hereby responds to the Complaint of Plaintiff BWPICare Quest Distributors, tla Carquest (hereinafter "Plaintiff') in accordance with the numbered paragraphs therein as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. To the contrary, it was February 27, 2002 that Plaintiff wrote Defendant a letter confirming a rental agreement between the parties. The date of February 27, 2001, as set forth in Paragraph six (6) of the Complaint and relied upon by Plaintiffs counsel, is based upon a misprint by Plaintiff in its Exhibit A. Despite other evidence in Defendant's possession, the date as a misprint becomes apparent in the body of the Exhibit where the enumerated dates are 2002 rather than 2001; it is unlikely that Plaintiff would expect Defendant to begin repaying his considerable delinquent debt one (1) year from the date of the aforementioned rental agreement. . 7. Denied. To the contrary, Defendant, in a good faith attempt at honoring the February, 2002 rental agreement (see Plaintiffs Complaint, Exhibit A), made the following payments: a) February 20, 2002: $2000.00 - personal check # 998 (acknowledged by Plaintiff; see Plaintiffs Complaint, Exhibit A). $1500.00 - personal check # 1013 $ 460.00 -- personal check # 1026 b) March 11, 2002: c) March 29, 2002: d) April 11 , 2002: e) April 12, 2002: f) May 7,2002: g) June 8, 2002: h) July 19, 2002: $ 460.00 -- personal check # 1046 . $1500.00 - personal check # 1047 $ 460.00 -- personal check # 1075 $ 460.00 -- personal check # 1103 i) August 16, 2002: $ 460.00 - personal check # 1142 $ 460.00 -- personal check # 1164 $ 485.00 -- personal check # 1261 j) November 26, 2002: 2 k) December 4,2002: $ 460.00 -- personal check # 1265 I) January 30,2003: $ 460.00 -- personal check # 1312 8. Admitted in part and denied in part. Defendant admits that he spoke with the Plaintiff on February 14, 2004 regarding, among other things, Defendant's failure to follow the rental agreement as set forth in Exhibit A of Plaintiff's Complaint and Plaintiff's advisement to Defendant to leave the premises at issue by March 2, 2004, as well as receiving correspondence to that effect; however, Defendant denies that Plaintiff advised him, via telephone or correspondence, that he had not paid any rent since February 27,2001, as Defendant's last rent payment was on January 30, 2003. 9. Admitted. 10. Admitted. 11. Denied as stated. To the contrary, Defendant signed the February 28, 2004 agreement with an attached addendum, thereby accepting terms of the Febr-uary 28, 2004 agreement in so far as those terms did not conflict or disagree with the terms set forth in that attached addendum; when such a conflict did arise, Defendant agreed to follow that addendum. (See Plaintiff's Exhibit E). 12. Denied. Respondent is without knowledge or information sufficient to form a belief as to the truth of such averments. The averments are therefore denied and proof thereof demanded, if relevant. 13. Admitted. 14. Denied. To the contrary, Defendant is indebted to the Plaihtiffforreht dUe on the premises at issue in the amount of $8,735.00. 3 15. Denied. Defendant removed all trash and swept the premises as agreed in the addendum to the February 28, 2004 agreement. (See Plaintiff's Exhibit E). Therefore, no action on the part of the Defendant necessitated Plaintiff expending any money to Onyx Environmental Services. 16. Denied. Defendant removed all objects, heavy iron or otherwise, and trash that belong to, or was the result of, his automotive machine and balancing shop in accordance with the addendum to the February 28, 2004 agreement. (See Plaintiff's Exhibit E). Therefore, no action on the part of the Defendant necessitated Plaintiff expending any money to Payless. 17. Denied. Defendant is indebted to Plaintiff in the amount of $8;735:00 only. WHEREFORE, Answering Defendant, Rick Scott, respectfully prays that Plaintiff's Complaint against him be dismissed with prejudice and that judgment be entered in his favor together with allowable costs of this action. NEW MATTER 18. The Plaintiff's Complaint fails to state a claim against the Defendant upon which relief can be granted. 19. Investigation may reveal the allegations presented in the Plaintiff's Complaint are barred by the applicable statute of limitations, 20. The Plaintiff's Complaint fails to mitigate the damages alleged therein. 4 WHEREFORE, Answering Defendant, Rick Scott, respectfully prays that Plaintiffs Complaint against him be dismissed with prejudice and that judgment be entered in his favor together with allowable costs of this action. Respectfully Submitted, THE LAW OFFICE OF SHANE B. KOPE By: c~~____ Shane B. Kope, Esq. Date: July 12, 2005 5 VERIFICATION I, Rick Scott, Defendant in this matter, verify that the statements made in the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. !l4904 relating to unsworn falsification to authorities. Date: July 11, 2005 /) ~ '1ti~~. ..~. Rick Sco CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, hereby certify that on July 12,2005, I served a copy of the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Mark A. Mateya, Esquire Post Office Box 127 Boiling Springs, PA 17007-0217 Attorney for Plaintiff ~~'? ,,---.. . ~ Shane B. Kope, Esq. Supreme Court 1.0. # 92207 THE LAW OFFICE OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Tele. (717) 761-7573 Attorney for Defendant 0 ...., ~ = r''- <:-~ <.,., :r',., {~'7" ~ fn~.' )"--- -;'--li," ::.~} ,:;1 W '~~~~ --0 - '.';:,(1'1 t:'? :-<\ -,.-" "' c') "'" -' \D .-<. BWP/CAR QUEST DISTRIBUTORS, tla CARQUEST Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : CIVIL ACTION NO. 0:>-;:).410 (.,; I RICK SCOTT d/b/a RICK'S AUTOMOTIVE MACHINE SHOP, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFE:RRAL SERVICE 32 South Bedford Street Carlisle P A 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a.l partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso 0 notificacion y por cualqui,er queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder din~ro 0 sus propi1edades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO. VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFE:RRAL SERVICE 32 South Bedford Street Carlisle P A 17013 (717) 249-3166 3 BWP DISTRIBUTORS, INC., tJa CARQUEST Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW RICK SCOTT d/b/a RICK'S AUTOMOTIVE MACHINE SHOP, Defendant : CIVIL ACTION NO. 05-2470 RESPONSE TO NEW MATT]~R 18. Denied. Paragraph eighteen is a conclusion oflaw to which no response is required. 19. Denied. After reasonable inquiry, Plaintiff is without sufficient information as to the matter in question. To the extent it may be required, each and every averment is specifically denied. 20. Denied. Paragraph twenty is a conclusion oflaw 1:0 which no response is required. To the extent it may be required, each and every averment is specifically denied. WHEREFORE, plaintiff requests judgment against the defendant in the amount of $17,940.00 for rent, $577.20 for trash removal, $500.00 for removal of iron and trash, along with I all costs and attorney's fees and such other relief as this court deems appropriate. RespectfuIlly submitted, lu.~ Mark A. Mateya, Esquire Attorney LD. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax Date: 7 j1qf(J( Attorney for Plaintiff 2 VERIFICATION MARK A. MATEY A, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein, that the Plaintiffs verification cannot be obtainled within the time allowed for the filing of this pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, infoITnation and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. e.S. g4904, relating to unsworn falsification to authorities. ~~-\ra) MARK A. MATE,J( ESQUIRE Dated: 7(2-qfo~ , I 4 CERTIFICATE OF SERVICI~ I, Mark A. Mateya, Esquire, hereby certify that I have se:rved a copy of the foregoing Pleading on the following person(s) by depositing a true and correct copy ofthe same in the United States Mail, Certified Mail, Restricted Delivery, Return Receipt Requested and by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Shane B. Kope, Esq. 4660 Trindle Road, Suite 201 Camp Hill, Pa 17011 Dated: 7 (ur(cK 1 I h2L,~~ PO Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax 5 (") ~, C t;;:;:) r"< C-::l ~, "" P'i'1 <--. C~~ , f'...'" W U ( .~"~) ~-C;" -~ -< -- Ci PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONJrARY OF CUMBERLAND COUNTY Please list the following case: (Check one) for JURY trial at the next term of civil court. (X) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) BWP Distributors, Inc. t/a Carquest ex) Civil Action - Law Appeal from Arbitration (other) (Plaintiff) vs. Rick Scott d/b/a Rick's Automo~ive Machine Shlbp The trial list will be called on and Trials commence on (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 2470 W2005 Civil Indicate the attorney who will try case for the party who files this praecipe: Mark A. Mateya, Esquire Indicate trial counsel for other parties if known: Shane B. Kope, Esquire This case is ready for trial. Signed: Date: 11 ) lid 05 Print Narre: Attorney for: Pl" i nt iff CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Praecipe for Listing Case for Trial on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Shane B. Kope, Esq. 4660 Trindle Road, Suite 201 Camp Hill, Pa 17011 Dated: t1 //~ !o( / I ~^ ,lM4 Mark A. Mateya, Esq@e" PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax (') <--> = ~ c = :t',. en \) (Ti (/) .... m{f"1 fTl Fl;:n --:;7.', -0 <i-- _'. zC' ~~ "2~: 0"\ ~l~; :::- ~:il ~(~? :x <;'J(") j;~~ ..7.n ,-- CD ~ Z ~ ::< w ~ 0"\ DWP DISTRIBUTORS, INC., tla CARQUEST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-2470 CIVIL RICK SCOTT d/b/a RICK'S AUTOMOTIVE MACHINE SHOP, : Defendant IN RE: NONJURY TRIAL ORDER AND NOW, this 27; day of September, 2005, a pretrial conference in the above captioned matter is set for Wednesday, October 26,2005, at 9:00 a.m. in Chambers of the undersigned. BY THE COURT, ~k A. Mateya, Esquire For the Plaintiff ,AL ~ane B. Kope, Esquire For the Defendant :r\m ~05 oC\ -'d-CfJ I S :Z ~!d f:, d3S gaOl AW10NOH.LCHd 3Hl .:10 30H:I(}-OJlf:J BWP DISTRIBUTORS, INC., tJa CARQUEST Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW RICK SCOTT d/b/a RICK'S AUTOMOTIVE MACHINE SHOP, Defendant : CIVIL ACTION NO. 05-2470 PETITION TO WITHDRAW PETlTIOI'I FOR TRIAL COMES NOW Plaintiff, BWP Distributors, Inc., tla Carquest, by and through its counsel, Mark A. Mateya, Esquire and avers the following: 1. Plaintiff herein commenced this action on or about May 13, 2005. 2. Defendant has responded to the Complaint by way of filing an Answer with New Matter to which Plaintiff has responded. 3. Plaintiff filed a Petition for Trial Without a Jury on or about September 16, 2005. The present matter has been scheduled for a pretrial conferencf~ before the Honorable Judge Kevin A. Hess for October 26,2005. 4. It was the intent of Plaintiff s counsel to list the instant matter for arbitration and inadvertently thought that the matter would automatically be listed for arbitration when filing the Petition for Trial due to the amount of damages alleged. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue an appropriate Order removing this matter from the trial calendar and scheduling this matter for arbitration. Respectfully submitted, ~~~ Attorney ID No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241..6500 (717) 241..3099 Fax Date: q~[DS Counsel for Plaintiff CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certifY that I have servl~d a copy of the foregoing Petition to Withdraw Petition for Trial on the following person(s) by depositing a true and correct copy of the same in the United States Mail, Certified Mail, Restricted Delivery, Return Receipt Requested and by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Shane B. Kope, Esq. 4660 Trindle Road, Suite 201 Camp Hill, Pa 17011 Dated: t{ ( ~ I O~ Jt~re5 PO Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax co '" c:~ = 0 = < <:..n ." C/) :t...,., "1 -0 nlF N -am <ny \D ..:::' . :::-? ~~~J ~~ ?j:!1 . , -~... >(') .. ':;> (jrTl 2;~ .-1 :;j .r:- P' :J:J "" -< Mark A. Mateya r EsquirE> , counsel for the plaintiffl~MI: in 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 $ 19)017.00 plus lel]al fees and costs The counterclaim of the defendant in the action is $ (l , 735 . 00 ~~ BWP DISTRIBUTORS INC., t/aCARQUEST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2470 20~ vs. RICK SCOTT d/b/a RICK'S AUTOMOTIVE MACHINE SHOP, Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in t€' Following form: ;;'" PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: r-:- - tJili ab~ '-'j .< c..n N The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ".-- l~~,~~ ORDER OF COURT AND NOW, ,200_, in <:onsideration ofthe foregoing Esq., and Esq., are appointed arbitrators in the above petition, Esq., and captioned action (or actions) as prayed for. By the Court, GEORGE E. HOFFER, P.l. c '" = ~ "', C/) ,I', '" l'., W o -,., :i!,., nlp :gArn C) _..JC .,-rl ;~':5 :!1 ..,0 Om '" '7" :.< ->: CERTIFICATE OF SERVICE: I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Petition for Appointment of Arbitrators on the folIowing person(s) by depositing a true and correct copy ofthe same in the United States Mail, Certified Mail, Restricted Delivery, Return Receipt Requested and by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Shane B. Kope, Esq. 4660 Trindle Road, Suite 201 Camp Hill, Pa 17011 Dated: ~ f'l {6 I ~A~~l~re PO Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax () ...., 0 = c~ <= 'Tl ...( c.r> -.... f'-'- (/) Fh-n Cfl --0 -oF;; ~ ~ J? N -")0 lD "';6 :::l-'f. --0 r~ :!J .... ->(") -- "- ;,~rn "- (' '" , ry ~ "" '" ?\ ..~.. ~ ~ J U1 5:J - ~ , -< t' Mark A. Ma teya, Esqll i rp , counsel for the plaintiff/~!!!H in action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. Theclaimofplaintiffintheactionis$ 19)017.00 plus leqal fees and costs The counterclaim of the defendant in the action is ,;; (J, 735 . 00 c- J':',.....,..~ :".,...- 1\"_ ;. , "_ ~ BWP DISTRIBUTORS INC., t/aCARQUEST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. NO. 05-2470 20~ RICK SCOTT d/b/a RICK'S AUTOMOTIVE MACHINE SHOP, Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in t@ Following form: -0 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: the abl\.'b -:~1 en " N The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. c ., ^: "-",,,~ t, o - _~.,J I I '" = c:::;:, ;,;:..-, o .,"' X,., fllp= -eJrn ~U6 r- -i'~ ':_?fj :,\m ::-=-1 :IE -< en en --i i'.l I.D ", -. -. 01 : ~ Hd L - J:10 saoz ,\\NLC' 3:-11 :10 3J: !J.Cj{[fll:J BWP DISTRIBUTORS, INC., t/a CARQUEST Plaintiff o "'r.':'!"~' "'.! ^O', ~ ;\- .....,-",.... .'" ..I.I(frJ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW RICK SCOTT d/b/a RICK'S AUTOMOTIVE MACHINE SHOP, Defendant : CIVIL ACTION NO. 05-2470 ORDER AND NOW upon consideration ofthe foregoing Petition for Arbitration filed to the above term and number, and pursuant to Cumberland County Local Rule of Court 1301.1, IT IS HEREBY ORDERED AND DECREED that this matter is removed from the current trial list and is assigned to a Board of Arbitrators. T\l@ in.t",,, matter shall be he"ld by 4b.e B9af8. sf }d~iHtttOIS 011 . "'011-'\ M H. tY..A. '- IZ. '{.A>O~ BY THE COURT, L 1. 68:2 Hd Z I J:JO goaz AHv'J.O-K;;-1)'_U:~;d 3Hl =10 ?J;::::~(J-CJ:nlj BWP DISTRIBUTORS, INC., t/a CARQUEST Plaintiff RICK SCOTT d/b/a RICK'S AUTOMOTIVE MACHINE SHOP In The Court of Common Pleas of Cumberland County, Pennsylvania No.~- 2470 Defendant Civil Action - Law. Oath We do solemnly swear (or affmn) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. V)Jk~ Signature :~:V{:~~-1 \ \ A Signature ' , ~ [r<~ Signa e Daniel K. Deardorff, Esq. Name (Chairman) MARTSON DEARDORFF WILLIAMS & OTTO Law Firm Robert Daniels, Esq. Name GeorRe J. Costopoulos, Esq. Name ABOM & KUTULAKIS Law Firm Law Firm 10 East High Street Address 36 S. Hanover Street Address 10 E. Louther St., 1st. FL. Address Carlisle, PA City, 17013 Zip Carlisle, PA 17013 City, Zip Carlisle, PA 17013 Zip t1 1m3 City, I/. /pt7 ti JO(7().2. Award We, the nndersigned 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.) . 2- /ir-t' a,6U..crd""'J.. Date of Hearing: I !II~/C'~ Date of Award: i I i ~ (tJb 'T .......-e- +, 40R e .. .; ..t ( '.., ,'-.1",,.,.,,, ''t C'6(t ""r- ... ~y; . Arbitrator, dissents. (Insert name if applicab e.) D D:;!K~~eaqd~r'ff:~ (Chairman) ~If~!t~ f'<1;'~:TQ t[fgl~D1?~t\t .. , Jf~ij~:i~14~ .0 ostopou sq. -:~~~1~~?~~~ ;' Notice of Entry of Award il ~' Now, the /6 dayof JU,~iF"'.L--' 20 {)b , at ]'dl, P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ;lftJ, :)0 'A "-;;z!} '----~rt;:;;YJ~p~fuo~_;,tary By: --~-- Deputy ,-::, r,) ..." --c :3 a:, ~ ~ <;- c ~ ~ ~- 1 V- i'" c, ~ "i 0".,. ':;:: 0 tJ"~ ~ /; ~ "'" ("' ~ v 5:-. -..... "'-:' c. S) ~ ~ ~ ~ -' c,f{ v ~ ~ co '?-- ."... ~ <: ,~ " \Q -"" v ~.. \--\ <: 1'>' (> c v ~ ::::- -. ~ <' ~ :J "- 1, ~ o ') = ..-\ ("