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HomeMy WebLinkAbout06-2794G. Edward Schweikert IV, Esquire Supreme Court I.D #81976 BOSW ELL, TINTNER, PICCOLA & ALFORD 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax btpa@att.net Attorneys for Plaintiff CUMBERLAND TRUCK EQUIPMENT IN THE COURT OF COMMON PLEAS CO., : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO. '?wy ROBERT P. JONES, t1d1bla R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT : CIVIL ACTION -LAW 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 NOTICIA Le han demandado a usted an la corte. Si usted quiere defenderse de estas demandas expuestas an las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de le demanda y la notificacion. Usted debe presentar una apariencia escrita o an persona o por abogado y archivar an la corte an forma escrita sus defensas os sus objeciones a leas demandas an contra de su persons. Sea avisado qua si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso o notificacion y por cualquier queja or alivio qua as pedido an la peticion de demanda. Usted peude perder dinero os sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR RAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA ICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 G. Edward Schweikert IV, Esquire Supreme Court LD #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 N. Front StreetiPO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax btpaGatt.net Attorneys for Plaintiff CUMBERLAND TRUCK EQUIPMENT CO., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT NO. 0/,-.27f Y' Curt( 7&- CIVIL ACTION -LAW COMPLAINT Plaintiff, Cumberland Truck Equipment Co., by its attorneys, G. Edward Schweikert IV, Esquire, and Boswell, Tintner, Piccola & Alford, files this Complaint against the Defendant, Robert P. Jones, t/d/b/a R & J Enterprises General Contractor, for the following reasons: 1. Plaintiff is Cumberland Truck Equipment Co., a Pennsylvania corporation registered at 25 Roadway Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Robert P. Jones, t/d/b/a R&J Enterprises General Contractor, is an adult individual, with his last-known address of 2467 Joppa Road, York, York County, Pennsylvania. -1- COUNTI BREACH OF CONTRACT 3. On or about June 30, 2005, Defendant presented a 1990 Autocar Dump Truck to Plaintiff for problems Defendant alleged to have with the truck regarding low fuel mileage and low power. 4. On July 22, 2005, Plaintiff performed diagnostic tests on Defendant's truck and road tested the vehicle. 5. The charges for Plaintiff's work totaled $731.29. A true and correct copy of Plaintiff's invoice is attached hereto and identified as Exhibit "A." 6. Defendant was billed for the services rendered. 7. On or about October 13, 2005, without paying Plaintiff for the work performed, Defendant removed the truck from the premises of Plaintiff. 8. Despite numerous demands to Defendant for payment of the same, Defendant has refused to pay the balance owed to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the total sum of $731.29, plus interest, and costs of suit. COUNT II UNJUST ENRICHMENT 9. Plaintiff incorporates Paragraphs 1 through 8 as if fully reproduced, herein. 10. Plaintiff provided Defendant with diagnostic services and parts totaling $731.29. -2- 11. Defendant has failed to pay Plaintiff the balance due, therefore, Plaintiff having done so to the benefit of Defendant, Defendant became liable to Plaintiff for the just and reasonable amount of the diagnostic services and parts. 12. Defendant has been unjustly enriched by accepting the services and parts provided by Plaintiff and not paying for same. 13. Plaintiff has demanded that Defendant pay the amount due and owing, but Defendant has failed to do so. WHEREFORE, Plaintiff demands judgment against Defendant in the total sum of $731.29, plus interest, and costs of suit. RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & ALFORD By: 7 G. Edward chweikert IV, Esquire Attorneys or Plaintiff DATE: May 17, 2006 -3- 4 CUMBERLAND TRUCK EQUIPMENT CO 25 ROADWAY DRIVE CARLISLE, PA 17013 * JSTOMER NAME NUMBER 91548 vJ ENTERPRISES PHONE (BERT P JONES P.O. NO. +67 JOPPA RD COMPLETE 07-22-05 IRK, PA 17403 TRIAL NO. 4V25CBLFOLU506255 UNIT NO. 18 :RR/MAKE/MODEL - 90 WHITE ACL64B ZINE/MODEL/SERL TD122FKQ 160763 <NS/MODEL/SERL - R1700 3332 :LS MODEL/SERL - CTEV87 32588 CTEV67 283268 :LL DLR DEL DATE 03-31-92 -------------------------------------------------- PRINT FOR REPAIR ORDER CHECK FOR LOW FUEL MILI CHECKED FUEL PRESSURE, SYSTEM AND CHECKED FOR FOUND. ROAD TESTED THE THERE WAS NO ECCESSIVE REPRINT CUSTOMER INVOICE a7-23-m5 REPAIR ORDER NUMBER >>>> 64420 <<<< DATE 06-30-05 15:15 SVC WTR MT *bh MILEAGE 278370 LICENSE CPL/ARRG R RATIO 3.78 DEL MILE 33 - 64420 PAGE 2 =AGE AND LOW POWER AND WHITE SMOKE. CHECKED ENGINE TIMING, CHECKED THE CHARGE AIR GETTING FUEL THROTTLE AND NO PROBLEMS WERE UNIT AND THE ENGINE PERFORMACE WAS GOOD AND SMOKE. NOTE: INJECTORS AND FUEL PUMP WERE REMOVED AND SENT TO PENN DIESEL TO CHECK PUMP OPERATION AND INJECTOR POP OFF AND SPRAY PATTERNS NO DEFECTS WERE NOTED, PUMP WAS INSTALLED AND TIMED TO ENGINE, UNIT WAS ROAD TESTED TO CHECK ENGINE PERFORMANCE AND NO DEFECTS WERE NOTED. TOTAL LABOR TOTAL PARTS PRINT FOR REPAIR ORDER - 64420 8 969011 12 947620 1 11998 2 LB 1 949329 1 CRC-05089 8.3 HRS i? $ 82.00 /HOUR = 680.60 16.66 GASKET 8.64 GASKET 3.72 GASKET 0.52 BOLT 1.06 GASKET 0.24 BRAKLEEN 2.48 PAGE 3 CLUTCH GETS HUNG UP AND WILL NOT DISENGAGE, CHECK ADJUSTMENT ON SLAVE AND CLUTCH ANY MORE THAN THAT CALL BOB..... SUPPLIES & MATERIALS 34.03 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - `r SUPPLIES AND MATERAL SALES CUST SERV PART PLEASE PAY THIS TOTAL 34.03 16.66 731. 29 =PRINT FOR REPAIR ORDER - 64420 ..SCLAIMER OF WARRANTIES 1E FACTORY WARRANTY CONSTITUTES ALL OF THE WARRANTIES WITH RESPECT iE SALE OF THIS ITEM/ITEMS. THE SELLER HEREBY EXPRESSLY DISCLAIMS iRRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY _RCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SELLER -OTHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY :ABILITY IN CONNECTION WITH THE SALE OF THIS ITEM/ITEMS. RECEIVED BY : PAGE 4 TO ALL OF IRMS: NET 30 DAYS A, \ MAY-16-2006 TUE 11:52 AM BOS, TIN, PICC & ALF. FAX NO, 717 236 9316 P. 07 CUMBERLAND TRUCK EQUIPMENT : IN THE COURT OF COMMON PLEAS CO., : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. ROBERT P. JONES, tld)Wa R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT . NO. CIVIL ACTION -LAW I, Sharon Collins, on behalf of Plaintiff, hereby verify that the facts containec in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties o` 18 Pa.C.S.A. 44904 relating to unsworn falsification to authorities. SHARON COLLINS GATE: 512 z J , fi n ? a ?w ?}Yl IN THE COURT OF COMMON PLEAS, Y COUNTY PENNSYLVANIA CUMBERLAND TRUCK EQUIPMENT, Plaintiff, NO. 06-2794 CIVIL ACTION -LAW V. JURY TRIAL DEMANDED ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, Defendant. NOTICE TO PLEAD TO: G EDWARD SCHWEIKERT, IV BOSWELL, TINTNER, PICCOLA & ALFORD 315 NORTH FRONT STREET PO BOX 741 HARRISBURG, PA 17108-0741 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN REPSONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully Submitted, DATED: T- IS 27Cn HOLT & OGDEN, LLP BY: . Ogden Attorney at Law 34 North Queen Street York, PA 17403 (717) 846-0550 Pa.R.C.P. 237.1(a) (2) IN THE COURT OF COMMON PLEAS, YORK COUNTY PENNSYLVANIA CUMBERLAND TRUCK EQUIPMENT, NO. 06-2794 Plaintiff, CIVIL ACTION -LAW v. JURY TRIAL DEMANDED ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, Defendant. ANSWER & NEW MATTER NOW COMES the Defendants, ROBERT P. JONES and R & J ENTERPRISES GENERAL CONTRACTOR, through his Attorney, John M. Ogden, of the law firm of Holt & Ogden, LLP, and files this Answer & New Matter, to the Complaint, stating the following facts: 1. Admitted. 2. Admitted. COUNT I BREACH OF CONTRACT 3. Denied. The Defendant believes and therefore avers that the 1990 Autocar Dumptruck (Truck) was taken to the Plaintiff for warranty service work after -1- the Defendant called the Plaintiff and spoke to Bill Harrigan about the problems with the Truck. 4. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. No information about diagnostic tests or results were ever forwarded to the Defendant for review. 5. Denied. All of the work was performed pursuant to the warranty because the engine had been previously overhauled by the Plaintiff and the Plaintiff a one- year warranty on its work. The Defendant questioned the service manager, Bill Harrigan whether the warranty was still in effect on the truck. He was advised that the warranty was one-year or 100,000 miles. The date that the engine was overhauled was 8/26/04. 6. Denied. The Defendant was never told that there was a bill for the warranty work to try to find the problem with the Truck. When the Defendant called to find out when the Truck would be ready, he was advised that they could not find any problem with the Truck and that there was an invoice. The Defendant never authorized any work to be performed at his expense. 7. Admitted. The Defendant removed his Truck from the Plaintiff's place of business during regular business hours. The Plaintiff had no right to hold the truck hostage. -2- 8. Denied. The Defendant has communicated numerous times that the work was warranty work, that there was no service performed for which he benefitted, i.e. the Truck still had the same problem. WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss the Complaint. COUNT II UNJUST ENRICHMENT 9. No answer is required. 10. Denied. The Defendant did not receive any enrichment whatsoever. In fact, the Defendant suffered damages and lost jobs as the result of the illegal detention of his Truck. 11. Denied. The Defendant did not receive any enrichment whatsoever. In fact, the Defendant suffered damages and lost jobs as the result of the illegal detention of his Truck. 12. Denied. The Defendant was advised prior to taking his Truck to the Plaintiff that the work was warranty work. There was never any estimate given, never any discussion of a work rate and in fact, the service manager told the Defendant, "Don't worry about the bill, it under warranty." 13. Denied. The Plaintiff is not entitled to any monies and did not enrich the Defendant in any way. -3- WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss the Complaint. NEW MATTER 14. The Plaintiff has not stated a cause of action for Breach of Contract in that there was no contract between the parties and no meeting of the minds. 15. The Plaintiff has not stated a cause of action for Unjust Enrichment because the Defendant was not enriched in any way at all as the result of the services performed by the Plaintiff. 16. The Plaintiff has committed fraud in representing that the Truck was under warranty for a period of one-year from the date that he engine was overhauled. 17. The Court lacks jurisdiction over this matter. WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss the Complaint. COUNTERCLAIM COUNT I BREACH OF WARRANTY 18. The Defendant is the owner of a 1990 Autocar Dump Truck (Truck). 19. On or about August 26, 2004, the Plaintiff overhauled the engine on the Truck at the Defendant's request and at a cost of $14,851.77. -4- 20. The work was performed after discussions with the service manager, Bill Harrigan and after a rough estimate of the costs was discussed. 21. The Defendant paid the invoice in full and was advised that there was a 100,000 mile or one-year warranty on the work performed. 22. After the work was performed, the Defendant picked-up the Truck and the next day, the Truck would not operate. The oil filter was split and spewing oil out of the crankcase. 23. The Defendant contacted the Plaintiff and a mechanic was dispatched to York to repair the Truck. All of the work was performed under warranty. 24. On or about July 5, 2005, the Defendant began experiencing loss of power and increased fuel usage on his Truck. The mileage on the Truck went from 5.5 MPG to 2.5 MPG. 25. The Defendant contacted the Plaintiff shop and the service manager, Bill Harrigan told him to bring the Truck in immediately for diagnosis. 26. The service manager of the Plaintiff said, "Don't worry about it, its under warranty, just get it up here." 27. On July 14, 2005, the Plaintiff contacted the Defendant and advised that it determined that injector pump was defective. 28. The Defendant went to the Plaintiff and picked-up the injector pump and took the same to Penn Diesel. -5- 29. Penn Diesel checked the pumps and determined that they were working properly. The Defendant was charged $188.22 from Penn Diesel. 30. The Plaintiff called the Defendant on July 23, 2005 and told him to pick- up the Truck and advised that there was an invoice because they found nothing wrong with the Truck. 31. The Plaintiff has breached its warranty to the Defendant in that it was represented to the Defendant by the Plaintiff that the engine work was warranted for one-year or 100,000 miles. 32. At the time that the truck was taken to the Plaintiff, there was no discussion that the work would not be done under the warranty. 33. The engine overhaul was completed and paid for on August 26, 2006 and the Truck was delivered to the Plaintiff on July 5, 2005, well within the warranty period. 34. The Plaintiff would not honor the warranty despite repeated demands to honor the warranty. 35. On September 28, 2005, counsel for the Defendant contacted the Plaintiff, in writing and asking them to honor the warranty. See letter dated September 8, 2005, attached hereto and made a part hereof as Exhibit "A." 36. On September 28, 2005, the Plaintiff sent a letter stating that the warranty would not cover the invoice since they found no problem. See letter dated -6- September 28, 2005, attached hereto and made a part hereof as Exhibit "B." 37. On October 21, 2005, the Plaintiff sent another letter to the Defendant stating that the "labor involved in the diagnostic testing will not be covered by warranty and is due from Mr. Jones." See letter dated October 21, 2005, attached hereto and made a part hereof as Exhibit "C." 38. On the invoice for the engine overhaul and on the invoice in support of the Plaintiff's complaint, there is a warranty disclaimer which states in part: "The factory warranty constitutes all of the warranties with respect to the sale of this item/items. The seller may hereby expressly disclaims all warranties , either express or implied." 39. The Plaintiff cites its factory warranty as support for the proposition that it may bill the Defendant for the services to diagnose or mis-diagnose the Truck's performance defect. See Factory Warranty supplied by the Plaintiff, attached hereto and made a part hereof as Exhibit "D." 40. Nothing in the Factory Warranty gives notice that a customer would be billed for service work in the event that a problem is mis-diagnosed or not diagnosed. 41. After the Truck was picked-up from the Plaintiff, the problem with the loss of power and reduced fuel mileage. 42. The Defendant then repaired the Truck himself after consulting with various mechanics. 43. The Plaintiff is in breach of warranty for failing to honor an express -7- warranty. Because of this dispute, the Defendant could not have other service work performed under the warranty. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter judgment in its favor in the amount of $731.29, plus costs of suit. COUNT II LOSS OF USE OF TRUCK 44. The Defendant took the Truck to the Plaintiff on or about July 5, 2005 for repairs under warranty. 45. The Plaintiff contacted the Defendant on July 23, 2005 to advise that it could not repair the Truck and that he should pick-it up. 46. The Plaintiff refused to release the Truck to the Defendant and held it hostage for the payment of a bill that the Defendant did not owe. 47. The Truck was held against the will of the Defendant from July 5, 2005 through October 13, 2005, or 103 days of loss of use. 48. The Defendant lost the use of his Truck for 14 weeks at the rate of $1,632.00 per week for a total of $24,006.72. 49. During this period of time the Defendant was under a subcontract with Mnsley Construction to work on the I-83 Construction Project in Southern York County. See copy of letter from Mnsley Construction with a copy of the payments made to the Defendant, attached hereto and made a part hereof as Exhibit "E." -8- 50. The Defendant had to stop taking contracts between this period of time and has lost an undetermined amount of money solely due to the unlawful detention of his Truck. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter judgment in favor of the Defendant and against the Plaintiff in this amount of $24,006.72, plus costs of suit. Respectfully Submitted, HOB T & OGDEN, LLP BY: John Ogden Attorne at Law 34 No Queen Street York, A 17403 (717) 846-0550 -9- IN THE COURT OF COMMON PLEAS, YORK COUNTY PENNSYLVANIA CUMBERLAND TRUCK EQUIPMENT, NO. 06-2794 Plaintiff, CIVIL ACTION -LAW V. JURY TRIAL DEMANDED ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, Defendant. VERIFICATION The statements contained in this pleading are those of my attorney, however, I have reviewed the complaint and verify that the averment or denial contained therein are true and correct to the best of my personal knowledge or information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification. Date: 17?10 W) 1 4 ROBERT P. JONES IN THE COURT OF COMMON PLEAS, YORK COUNTY PENNSYLVANIA CUMBERLAND TRUCK EQUIPMENT, Plaintiff, V. ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, Defendant. NO. 06-2794 CIVIL ACTION -LAW JURY TRIAL DEMANDED VERIFICATION The statements contained in this pleading are those of my attorney, however, I have reviewed the complaint and verify that the averment or denial contained therein are true and correct to the best of my personal knowledge or information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification. Date: -7/(0/0& ROBERT P. JONES Jo NM o HoLT DEN HOLT & OLDEN, LLP ATTORNEYS 34 North Queen Street - York, Pennsylvania 17403 Tel: (717) 846-0550 Fax: (717) 843-1993 September 8, 2005 FAXED MR. JOSEPH M. PEDUZZI CUMBERLAND TRUCK EQUIPMENT CO. 25 ROADWAY DRIVE CARLISLE, PA 17013 RE: ROBERT P. JONES doing business as BY FAX: (717)241-6472 R & J Enterprises General Contractor (814)269-9222 1990 AUTOCAR DUMP TRUCK Dear Joseph: I am writing to you in your capacity as President of Cumberland Truck Equipment Co.. Our Law Firm represents Robert Jones, the owner of the Truck. He had the truck's engine and injector pumps re-built September, 2004 at a cost of approximately $14,800.00. Before the July 4, 2005, weekend, Robert noticed that the dump truck was losing power and the mileage went from 5.5 miles per gallon to 2.5 to 3 miles per gallon. He contacted your company and was told not to use it and to deliver it the shop for repairs. The truck was under warranty. The truck sat for two weeks while the mechanic who re-built the engine last year was on vacation. When the mechanic returned, Bill Harrigan called my client and indicated that the diagnosis was that the injector pump or the injectors which were causing the trouble. A Mr. Jones then authorized the injector pump and the injectors to be taken to Penn Diesel for testing, They were not the problem, The injectors were inspected and passed that inspection in every way. Mr. Jones paid for this out-of-pocket in the amount of $188.22. After the truck's engine was re-assembled, Bob Harrigan called my client and indicated that the truck was ready to be picked-up. When my client inquired what was done to correct the problem, he said there was no problem. Then, he was advised to pay the bill in the amount of $731.29. My client indicated that the re-built engine was still under warranty and inquired why he had to pay over $700.00 for the truck to be "checked-out." Bill Harrigan then refused to release the truck to Robert Jones. The truck is still on your lot. My client is losing valuable summer work and already lost his job as a subcontractor with Kinsley Construction working on the I-83 Highway project. I propose the following: 1) Please release the truck to Robert Jones. If the problem is solved, then the warranty would cover it. 2) If the problem persists, then please make any necessary repairs. The invoice for services indicates that: "Road tested the unit and the engine performance was good and there was no excessive smoke." This does not say whether the truck was tested before or after the work was performed. If it was tested before the work was performed, I would imagine that my client would have contacted and told that no work was required. It does not state whether the test was performed with the truck under a "load." Can you please Co ially, John 0 gden A.1 CUMBERLAND TRUCK CIEEQUIPMENT CO. 25 Roadway Drive . Carlisle, PA 17013 Phone (717) 249-2922 889 E. Main St. ¦ Ephrata, PA 17522 Phone (717) 738-2444 September 28, 2005 John M. Ogden, Esq. Holt & Ogden, LLP 34 North Queen Street York, PA 17403 Re: 1990 Autocar dump truck brought to CTE by Mr. Jones for excessive smoke and power complaint. Dear Mr. Ogden, Enclosed please find summary of diagnostics performed on the above unit by Cumberland Truck Equipment Co's service department. Our Service Di- rector, Mr. Bill Herigan, has compiled the steps that were taken to di- agnose the complaint. The fuel pump was sent out to Penn Detroit Diesel, per the customer's request, to find out if there was an internal failure in the pump. The pump was bench tested and found to be within specs. The warranty guidelines pertain to the three Cis, complaint, cause and correction. We tested for complaint; no defects were found which does not lead us to a cause and/or correction. Therefore, Cumberland Truck Equipment Co. needs to be paid for their services. Also, this unit has been on our lot since the latter part of July. We can no longer afford to store this unit without a storage fee. If this matter is not resolved by October 10, 2005, there will be a Twenty Five Dollar ($25.00) per day fee until such time as it is resolved. roe any additional information, please do not hesitate to contact me at (717) 249-2922. Sincerely yours, Joseph M. Peduzzi President cc: Bill Herigan VOLVO ¦ AUTOCAR ¦ GMC ¦ CTP 6 *Initial contact was to call and explain engine was loosing power and smoking *sugested to check air filter, fuel shutoff throttle for full travel, etc *2' contact was low power and excessive smoke *suggested unit not be operated due to heavy smoke due to possible overfueling which could cause internal engine damage and/or engine timing might have jumped *unit was delivered to shop, started in am, tech, foreman and service manager did not notice any excessive smoke *suggested troubleshooting procedure was explained to customer and approved to check fuel pressure, throttle travel, engine shutof& turbo and engine timing *quoted rate was explained and agreed prior to performing troubleshooting *all checks showed no defects, fuel pressure was at operating specs, throttle was breaking over properly, engine shutoff was functioning properly not inhibiting rack travel to allow power complaint, engine timing was checked and at correct setting to engine family *customer was informed of findings and felt ac system was cause of power loss ac system(compressor) was checked and no defects noted *we spoke about fuel pump and injectors but did not confirm any failures with pump or injectors, suggested fuel pump and injectors be sent out to vendor that performed injection pump repair(customer requested vendor) at time of engine overhaul, we have no responsibility of fuel pump repair vendor, *customer was told up front that we did not find any defects with engine overhaul *fuel pump check and calibration check for injectors was also quoted at roughly 5 hours labor to remove pump and injectors, reinstall after testing and time engine that customer agreed to terms prior to removing components *vendor tested pump and injectors and stated no defects and billed for testing *we installed pump and injectors, timed engine and road tested to check engine performance and no defects noted, closci repair order and informed customer or repair order total, customer did not feel he had a responsibility to pay for repair order due to no defects were found, troubleshooting was performed and amounts to perform Us was explained to customer, customer agreed and since no defects were found disagrees we should charge for testing *warranty would not pay for troubleshooting with no defects found, why should we be responsible for troubleshooting an engine that shows no defects? I feel we are due payment for services performed, we checked engine and fuel system and confirmed and concluded no defects per customers complaint CUMBERLAND TRUCK EQUIPMENT CO. 25 Roadway Drive ¦ Carlisle, PA 17013 Phone (717) 249-2922 889 E. Main St. ¦ Ephrata, PA 17522 Phone (717) 738-2444 October 21, 2005 John M. Ogden, Esq. Holt & Ogden, LLP 34 North Queen Street York, PA 17403 Re: Robert P. Jones/R&J Enterprises General Contractor 1990 Autocar Dump Truck Dear Mr. Ogden: On September 28, 2005, Joseph M. Peduzzi, President of Cumberland Truck Equipment, responded to your letter of September 8, 2005. Enclosed with his response was a summary of the diagnostics performed on Mr. Jones' truck. Please have W. Jones review this summary. Mr. Jones had agreed, prior to any of the testing, to the rates that would be charged should no problems be detected. Since no problems were detected, the labor involved in the diagnostic testing will not be covered by warranty and is due from Mr. Jones. Again, as stated in the letter dated September 28, 2005, the warranty guidelines pertain to the three C's; complaint, cause and correction. We tested for complaint: no defects were found which does not lead to cause or correction. Please be aware that on October 13, 2005, your client, Mr. Jones, removed the truck in question from Cumberland Truck Equipment's lot without permission and without settling his invoice. Cumberland Truck Equipment requests this invoice be paid in full in the amount of $731.29 by October 28, 2005. VOLVO ¦ AUTOCAR ¦ GMC ¦ CTP - J? If payment is not received by the above date, we shall, without further notice, turn this over to the local District Justice for collection. Any costs involved will be charged to your client. Should you have any questions, please contact me at (717) 249-2922 extension 141. Sincere, Sharon S. Collins Credit Manager cc: Joseph M. Peduzzi, President Cumberland Truck Equipment C'i Q6 ko Volvo Trucks North America, inc. Service Operations Manual Claim Administration - Standard Coverage Section 10-2-2 1 MUkor\ VVPAMMA V l r kocm l lr-n.,A l C Writ / 1 I -U/1I3j WG, WAH, WIA, WC, AC and WX February 11, 1998 to Current VOLVO Volvo Tnicks No 0 Anmwk a, lac. TRUCK WARRANTY CER77F7-ATE Volvo Trucks North America, Inc warrants each new WHIfEGMC and USA manufactured Volvo truck to be free from defects in material and workmanship under normal use and service up to the periods ass spec&ed, provided all Volvo Trucks North America, hic. maintenance regnircmems found in the operator's moved are followed All warranty periods are cakaLted from date in service. AN coverage is 100% for parts and labor except as noted. 1. Basic Wueanty: 12 MONTHS, or 100,000 Miles, or 161,000 Kilometers, Whichever Occurs First Air conditioning (sealed system only) - no ruileage limitation. 2. Engine Waenaty (a) Volvo Engoes~ See Volvo Poeertrak Warranty Certificate (b) Other Maeafacturer Ensi Not covered under this Warranty Certificate. See paragraph 14 on the reverse side. 3 Tom u"miom, Dalvdise and Raw Aide Warranty: (a) Volvo Coreponasc See Volvo Povrertrain Warranty Cert&c to (b) Other MaaeEactrrer Componeatc 36 Months, or 300,000 Miles. or 483,000 Kilau2ers, Whichever Occurs First Covered Components are in follows: Manual Transmission - Transmission Assembly. Automatic Transmission - Not covered by this warramy_ See paragraph 14 on the reverse side. Driveline - Bearing, hanger, and shafts. Rear Axle - Differential carrier assembly and ale housing. 4. Cab Wrresty: 60 months at 500,000 hGLE.S, or 806,000 l(Alormears Whichever Occurs First Covers inured corrosion where metal k perforated. 5. Franc Wrraaty: (a) Fuse, Crossseebers and Frame Brackets for Fspee5ospensios Mounting: 36 Momhs or 300,OOD Miles, or 483,000 Kilometer Whichever Occurs First. (b) Frame end Csawmebes as tractors tied FE model trucks arty: 60 Months or 500,000 MII.E.S, or 805,000 KELOKI EIERS, Whichever Occurs First 6. Noise Emission wernsew. LIFE OF VEMC7 . Volvo Trucks North Armerica, her vrrraaas to the first purchaser of this vehicle for purposes other than resale, and m each nhsequest purchaser, that the vrhide vas designed, built and egm41 1 to caoform, at the time of $ale to nth fiat . how, with A applicable U.S. EPA noie nowt al wguistioea. This warranty is not ffisioe 2 to any vehicle particular Part, oomposest, or system of the vehicle. Defects a the design, srasbly or any part, conpo sort or system of the vehicle which at the time of ask to an& first purchaser, tamed noise emission levels to exceed Federal stasderds are covered by" wrri aty for the life of the vehicle EXCLU90NS Failres which arise us result of twoPedmg rather than from defects in the deign, assembly, or any part, components, or system of the vehicle are not cowed by this wrraty. 7. Emission Control Syaem Woivinai . 12 MONTHS. Eovse a moioa ccamols, other than throe n welacsood by Volvo Tricks North America, hc. we wrraated to 12 months in conjunction with the eagae maanfacturer . Beyond this 12 month period, the engine mwabcdrer'a svrra any applies Vehicles sold foe use in C &rvds must have a copy of the California Emission System Warranty in the vehicle. I NOT& MUTA MINIS AND EXCLUSIONS TO IRIS WARRANTY APPEAR ON THE REVERSESMEOF I CERTMIC.ATE This waswty appiiesto d Volvo Trucks North America, he naaufattwed relicts operated exclusively in the United States and Cassdo and placed a service on or aAer Februry 11, 1996. The nwsdaceaver (Volvo Tech North America, inc-) has reserved the right to make ray changes is design, or to make addidow to or upon its products, without incurring any obligations to assail the sane cocormneesdd vehicles psevioualy bulk. TJM WARRANTY IS 1"RESMY IN LIEU OF ALL OTHER WARRANTIES AND I EPRESENTATIONS OR CONDMON! , STATUTORY OR OTHERWISE, EXPRESSED OR AMPLED I C UDRVC, BUT NOT LDST!1D'TO, SO TED WARIANfY OF kgERCHAN[ABURT OR FTR+GSS FOR A PAR 1CULAI PURPOSE 12/012003 10-2-12 D VOX-Aro Volvo Trucks North America, Inc. Service Operations Manual Claim Administration - Standard Coverage REVERSE SIDE OF TRUCK WARRANTY CERTIFICATE t_ b- V I! IV I f D, February 11, 1998 to Current THESE LMOUrAnONS AND EXCLUSIONS ARE LVQmORTAMr AND %t-Sr BE READ AND UNl)MwMOD. LVWrrATIONS - Volvo Trucks North America, Inc.'s obligation is limited to, at its option, repair or replacement of parts which are admwledged by it to be defective. In the case of acknowledged defective assemblies, exchange with factory rebuilt units may be pre s. The defective parts or assemblies replaced shall become the property of Volvo Tnrks North America, Inc. Warranty repairs performed by the dealer's shop in accordance with the terms of the warranty set forth herein are free of charge. Warranty repairs do not constitute an extension of the original warranty period for the vehicle or any part thereof. Warranty consideration can only be given if the deficiency is brought to the attention of an authorized Volvo Truck dealer immediately upon discovery. NO PAYMENT OR OTFIER COMPENSATX31V WlU BE MADE FOR CONSEQI.&V7M RVDIRECT OR INCIDENTAL EXPENSES OR DAMAGES OF ANY KIND. Enckn iom s: 1. DAMAGES: Damages due to accidents, miwre, negligence, improper operations, storage err transport, operation at eocerare speeds, loading beyond the factory rated load capacity, and improper or m-Wicient mantersnre services are rot cowed. Damages doe to failure to follow Volvo Trucks North America. Inc. service procedures are considered damages due to improper maiwtenance aervices. Z APPIKATKN* The responsibility of supplying the Correct application or specification information on a vehicle sold to the customer belongs at the selling location. Vehicle application problems, including but not limited to, replacement of incorrect ale or transmission gear ratios, failures of component parts of vehicles being operated in ices of factory rated bad opneitks6 or the use of a vehicle for a purpose for which it was not intended are not caveed 3. ENVIA0P71tMAL DAMAGE: Parts made out of loth, lather, wood, rubber, synthetics, paint or chrome which have been effected by exposure to the elements or chemical influence inchnding, but not limited to, food sobs, industrial fall-out, or the me of improper cleaners, polishes, and/or waxes we not covered 4. GLASS: Glass breakage and snitches are not cowed unless positive physical proof of manufacturing responsibility is established 5. SEVERE SERVI(3 : Suspension parts, including, but not limited to rubber bushing, torque rod bushings, spring piss and bahing, that fail due to seine serice one not coverCd 6_ ALTERA7X*Vk Amy vehicle repaired and/or altered in soy way outside of a Volvo authorized service center so as to adversely effeu, in Volvo Trucks North Asnerics, Inc.'s sole judgment. its stability or reliability, is not covered 7. OPMNAL E(FJNN M- Any part of the truck which fails, malfunctions, or does not pesfwm as a result of improper conversion or isrtalistion of speoal bodies or equipment by other masafactvas or suppliers is not covered 8. MAIIVIENANCL+- Normal man nrsce services including but not limited to. replacement of oil 6ltem adluntme nts of the engine, injection pump. tranm. . balues, linkages, as well as all adjustments, diagooms and tat time are not covered. 9. AL1GM MU. Arspmes t of axle(s) and balancing of tines; idu3ng changing of axle camber, caster, toe and thrust angle settings are not covered. 10. PARTS C)DMJAbEDD Parts which are normally connlOed or worn out during the vehicle 's normal service life and customarily replaced during usual maintensace service inrckndisg, but not limited to bulb, brake and dutch lining, bushing, bens and wow blades are not covered after the &st 30 days of cuseomv service. 11.11 h 124U FARM Any vehicle which as been repaired by use of pits and accessories, as well as major asserblies and eachusge usiib, which we s ulas andud to gensaine Volvo replacement parts and which cause a vehicle component or system to fed am not com 12 TIRES: Tuts mod tubes we coveRd by separate warranties gives, by thew respective m armiacturers. 13. CAB SI RiJC I URE AND COIRY06XX* Cab stsuct u it defects or cab corrosion that occurs in areas of the cab that have been pevinuip dsnrged, repaired, altered or modified we not covered. 14. ENGDM AND ALTIniNATIC'1 6: The engines and automatic tra sinimom ved in Volvo tracks we warranted by their nrpecti ve mw 6actu ens. Refer m the emgi manufacturer's warranty statement famished with every Va" vehicle. 15.ODOM MER RLA is Any vehicle on which the odometer has been disconnected or the mileage reading has been shored and the vehidds --1 mileage cannnot be readily determined is not covered 16. P2Eh4RJM LABOIL Premium for owes tieoe adior shift differential is not covered. 17. EXCESSIVE LABOR: Exmeaive lobar for a warrantable impair due to installation of equipment or body by the customer is not coursed except in the event the dealer sells the complete chains and body as a package. I& M6C- EXPENSE: Read servrr, towing, meek, lodging, telephone calls, travel time, loss of cargo, downtime, strap mppBai, tube oil, lnbriowb, Semler; s104ireem filter dements, and labor performed by a noun-approved location are not cosered 19. ADDITIONAL C06643N EMM Components or parts drt are not installed by Voles Truths North America, hue we not cowered Vam truck factory manufacuww% weowds will determine Volvo Trucks North America. Inc. installations. 7r/OHtts 12/01/2003 10-2-13 D.\ KInSq?,Fjj CONSTRUCMarch 20, 2006 To Whol It May Concern: Please find enclosed copies of all check information issued to Robert P. Jones during the time frame 1/05-12/05. The total amount issued to Mr. Jones is $ 9789.75. Thank You, Bonnie Ferguon Accounts Payable Dept. 2700 Water Street 9 P.O. Box 2886 • York, PA, 17405 • (717) 741-3841 * (717) 741-9054 R YEAR 2005 HAULING BEFORE- 3/16 4/4,4/5,4/6,4/7, 4/8 Week of 4/10 6/6,6/7,6/8,6/9 6/13,6/14,6/15,6/16 6/20,6/21,6/22, 6/23 Jeff Grotthouse Plumbing ND f /NK CO Py Kinsley Construction Kinsley Construction Kinsley Construction Kinsley Construction Kinsley Construction AFTER -- 11/23 EDG Enterprises 1/10,1/11,1/12,1/13 E & H Recycling 1/16,1/17 E & H Recycling 1/23,1/24,1/27 E & H Recycling 1/25, 1/26,1127 Jim Leedy Excavating 1/29,1/31,2/1,2/2, 2/3 E & H Recycling 2/6,2/7,2/8,2/9,2/10 E & H Recycling 2/9 Jim Leedy Excavating 2/16 E & H Recycling /V0 ?,)l N /.,? G O f',/ S 53.00 1,834.00 ro 2,199.50 1,952.50 1 1,892.59 1,911.25 203.00 1,464.50 957.00 696.00 1,189.00 1,682.00 1,421.00 406.00 232.00 (^' rvJ r" _ , , -€'i .? i ? ?=__ ?,' '?: `T' y ?. .__. --° ? _.?"; Brigid Q, Alford, Esquire Supreme Court I.D. No. 38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. No. 81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax btpa@att.net Attorneys for Plaintiff CUMBERLAND TRUCK EQUIPMENT IN THE COURT OF COMMON PLEAS CO., : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO. 06-2T94 ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT CIVIL ACTION -LAW NOTICE TO PLEAD TO: Robert P. Jones, t/d/b/a R & J Enterprises General Contractor C/O John M. Ogden, Esquire 34 North Queen Street York, PA 17403 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BOSWELL, TINTNER, PICCOLA & ALFORD By: f .Edward chweikert, IV, Esquire Date: 2 _ Brigid Q. Alford, Esquire Supreme Court I.D. No. 38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. No. 81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 N. Front StreettPO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax btpa@att.net Attorneys for Plaintiff CUMBERLAND TRUCK EQUIPMENT : IN THE COURT OF COMMON PLEAS CO., : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO. 06-2794 ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT CIVIL ACTION -LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND ANSWER TO COUNTERCLAIM WITH NEW MATTER Plaintiff, through its attorneys, Brigid Q. Alford, Esquire, G. Edward Schweikert, IV, Esquire, and Boswell, Tintner, Piccola & Alford, presents its Reply to Defendant's New Matter and Answer to Counterclaim with New Matter as follows: 14. The averments of Paragraph 14 are conclusions of law to which no response is required. The extent a response may be required, the averments are denied. 15. The averments of Paragraph 15 are conclusions of law to which no response is required. The extent a response may be required, the averments are denied. 16. The averments of Paragraph 16 are conclusions of law to which no response is required. The extent a response may be required, the averments are denied. 17, The averments of Paragraph 17 are conclusions of law to which no response is required. The extent a response may be required, the averments are denied. ANSWER TO COUNTERCLAIM COUNT I - BREACH OF WARRANTY 18. Admitted. 19. Admitted in part and denied in part. Plaintiff admits that it, at Defendant's request, overhauled the engine on Defendant's 1990 Autocar Dump Truck. Plaintiff further admits that the total cost of the engine overhaul was $14,851.77. Plaintiff denies that it completed the overhaul on August 26, 2004. By way of further answer, Defendant delivered the truck to Plaintiffs place of business on July 17, 2004, and completed the work on August 5, 2004. 20. Admitted. 21. Admitted in part and denied in part. Plaintiff admits that the Defendant paid the invoice for the engine overhaul in full. As to the remaining averments of Paragraph 21, the warranty is a written document that speaks for itself and any attempts to characterize its contents are denied. 22. Admitted in part and denied in part. Plaintiff admits that Defendant picked up his truck after Plaintiff completed the overhaul. By way of further answer, Defendant picked up the truck on August 5, 2004. Plaintiff further admits that the next day, the truck would not operate. After reasonable investigation, Plaintiff denies that the "oil filter was split and spewing oil out of the crankcase;" proof thereof is demanded. By way of further answer, Plaintiffs invoice for the service work performed on August 6, 2004, is attached hereto as 2 Exhibit A and incorporated herein. 23. Admitted, with the clarification that Plaintiffs invoice for the August 6, 2004, is attached hereto as Exhibit A. 24. Denied. After reasonable investigation Plaintiff is without sufficient knowledge of the averments of Paragraph 24; accordingly, the same are denied and proof thereof is demanded. 25. Admitted in part and denied in part. Plaintiff admits that the Defendant contacted and spoke with the service manager, Bill Harrigan. The remaining averments of Paragraph 25 are denied. By way of further answer, Mr. Harrigan informed Defendant that the truck should not be operated. 26. Denied. Plaintiff denies that the service manager stated: "don't worry about it, its [sic] under warranty, just get it up here." By way of further answer, Plaintiffs service manager quoted the Defendant a diagnostic rate prior to Plaintiff troubleshooting the alleged problem. 27. Denied. Plaintiff denies that anyone from its place of business contacted Defendant and advised him that the injector pump was defective. By way of further answer, Plaintiff advised the Defendant that no defects with the injector pump were found. 28. Denied. After reasonable investigation Plaintiff is without sufficient knowledge of the averments of Paragraph 28; accordingly, the same are denied and proof thereof is demanded. 29. Denied. After reasonable investigation Plaintiff is without sufficient 3 knowledge of the averments of Paragraph 29; accordingly, the same are denied and proof thereof is demanded. 30. Admitted. 31. The averments of Paragraph 31 are conclusions of law to which no response is required. The extent a response may be required, the averments are denied. 32. Admitted, with the clarification that the warranty at issue in this case is a written document that speaks for itself and any attempt to characterize its contents are, accordingly, denied. 33. Denied. Plaintiff specifically denies the engine overhaul was completed and paid for on August 26, 2006, and the truck was delivered to Defendant on July 5, 2004. By way of further answer, the engine overhaul was completed on August 5, 2004, the same day on which the Defendant picked up the truck from the Plaintiffs place of business. Further, Plaintiff denies the averment that it was "well within the warranty period." The warranty is a written document that speaks for itself and any attempt to characterize its contents are, accordingly, denied. 34. Admitted in part and denied in part. Plaintiff admits that Defendant made "repeated demands to honor the warranty." Plaintiff denies the inference that the claim that Defendant made was covered by the warranty. By way of further answer, the warranty is a written document that speaks for itself and any attempt to characterize its contents are, accordingly, denied. 35. Denied. Defendant's counsel's September 28, 2005, letter is a written 4 document that speaks for itself and any attempt to characterize its contents is, accordingly, denied. 36. Denied. Plaintiffs September 28, 2005, letter is a written document that speaks for itself and any attempt to characterize its contents is, accordingly, denied. 37. Denied. Plaintiffs October 21, 2005, letter is a written document that speaks for itself and any attempt to characterize its contents is, accordingly, denied. 38. Denied. The invoice for the engine overhaul is a written document that speaks for itself and any attempt to characterize its contents is, accordingly, denied. 39. Denied. The warranty document is a written document that speaks for itself and any attempt to characterize its contents is, accordingly, denied. By way of further answer, Plaintiff denies Defendant's inferences and assumptions as to Plaintiffs interpretation of the warranty. 40. Denied. The warranty document is a written document that speaks for itself and any attempt to characterize its contents is, accordingly, denied. 41. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge as to the truth of the averments of Paragraph 41; the same are, accordingly, denied and proof thereof is denied. 42. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge as to the truth of the averments of Paragraph 42; the same are, accordingly, denied and proof thereof is denied. 43. The averments of Paragraph 43 are conclusions of law to which no response 5 is required. The extent a response may be required, the averments are denied. WHEREFORE, Plaintiff demands that Defendant's Counterclaim be dismissed or, alternatively, that judgment be entered in favor of the Plaintiff. ANSWER TO COUNTERCLAIM COUNT II - LOSS OF USE OF TRUCK 44. Admitted in part and denied in part. Plaintiff admits that the Defendant delivered the truck to Plaintiff on July 5, 2005, for evaluation. Defendant specifically denies that the July 5, 2005, work was under warranty. By way of further answer, the warranty is a written document that speaks for itself and any attempt to characterize its contents is, accordingly, denied. 45. Admitted in part and denied in part. Plaintiff admits that it contacted Defendant on July 23, 2005. Plaintiff specifically denies that it contacted the Defendant to "advise that it could not repair the truck and the he should pick-it up." By way of further answer, Plaintiff determined that there was nothing wrong with the Defendant's truck. 46. Admitted in part and denied in part. Plaintiff admits that it refused to release the truck to the Defendant until Defendant paid the invoice for the diagnostic work the Plaintiff performed. Plaintiff denies that it held the truck "hostage for the payment of a bill." By way of further answer, Defendant owed Plaintiff for an unpaid invoice and it is Plaintiffs policy to not release vehicles until the repair invoices are paid in full. Plaintiff further denies that Defendant "did not owe" payment for the invoice. By way of further answer, Plaintiff provided diagnostic services for the Defendant's truck and Defendant refused to pay the invoice. 6 47. Admitted in part and denied in part. Plaintiff admits that it had possession of the truck from July 5, 2005, through October 13, 2005. By way of further answer, Plaintiff denies the inference that it released the truck to the Defendant on October 13, 2005. By way of further answer, on October 13, 2005, Defendant made an unauthorized entry onto the Plaintiffs property and removed the truck. That Plaintiff held the truck "against the will of the Defendant" is a legal conclusion to which no response is required; to the extent that a response may be required, this averment is denied. 48. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge as to the truth of the averments of Paragraph 48; the same are, accordingly, denied and proof thereof is demanded. 49. Denied. The letter attached as Exhibit E to Defendant's Answer and New Matter is a written document that speaks for itself and any attempt to characterize its contents is, accordingly, denied. 50. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge as to the truth of the averments of Paragraph 50; the same are, accordingly, denied and proof thereof is demanded. WHEREFORE, Plaintiff demands that Defendant's Counterclaim be dismissed or, alternatively, that judgment be entered in favor of the Plaintiff. NEW MATTER 51. Defendant's Counterclaim fails to set forth a claim upon which relief can be granted. 7 52. The applicable statute of limitations bars all or part of Defendant's claims. 53. Defendant has failed to mitigate his damages. 54. The doctrine of unclean hands bars all or part of Defendant's claims. 55. Plaintiff incorporates by reference the averments contained within its Complaint filed in this action. WHEREFORE, Plaintiff demands that judgment be entered in its favor and against the Plaintiff, with post judgment interest and costs of suit. Respectfully Submitted, +gid Q. Alfo d, Esquire Supreme Court I.D, No. 38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. No. 81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (voice) (717) 236-9316 (facsimile) Attorneys for Plaintiff 2?, 2 ? ? 104(10b7'21010b lf:U( /172499959 CfE PAGE 07 xxxxrt•xxrtxxxxrtrtxrtxxxiFifx4*x*xxxrtrtrtxxxxxxaxa4 rt rt rt CUMBERLAND TRUCK EQUIPMENT CO x * 25 ROADWAY DRIVE x rt CARLISLE, PA 17013 r +n??+xxxx*?Fxxxxxxxxxxxxxxitx+Frtw+rx*xxxxlrx?t*a iFir CUSTOMER NAME NUMBER 91548 R&J ENTERPRISES PHONE ROBERT P JONES P.O. NO. 2467 JOPPA RD COMPLETE 08-06-04 YORK, PA 17403 REPRINT CUSTOMER INVOICE x 08-06-@4 REPAIR ORDER NUMBER >))) 60499 (((( DATE 08-06-04 16v16 SVC WTR BH xJE SERIAL NO. 4V25CBLFOLU506255 UNIT NO. 18 MILEAGE YEAR/MAKE/MODEL - 90 WHITE ACL64B LICENSE ENGINE/MODEL/SERL TD122FKG 160763 CPL/ARRG TRNS/MODEL/SERL - R1700 3332 R RATIO 3.78 RXLS MODEL/SERL - CTEV87 32588 CTEV87 283268 3ELL DLR DEL DATE 03-31-92 DEL (MILE 33 ------------------- ------------------------------------------------------- l ROAD CALL TO REPAIR OIL LEAK AT RS OF ENGINE. CHECKED AND FOUND OIL FILTERS ARE LEAKING, REPLACED OIL FILTERS, TOP OFF OIL AND RAN ENGINE TO CHECK FOR OIL LEAKS. >) NO CHARGE <( 2 466634 OILFILTER 2 CHO-2351018 15W40/GAL - -0.00 )ISCLAIMER OF WARRANTIES PLEASE RAY THIS TOTAL 'HE FACTORY WARRANTY CONSTITUTES ALL OF THE WARRANTIES WITH RESPECT TO 'HE SALE OF THIS ITEM/ITEMS. THE SELLER HEREBY EXPRESSLY DISCLAIMS ALL IARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF IERC4ANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SELLER (EITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY .IASILITY IN CONNECTION WITH THE SALE OF THIS ITEM/ITEMS. RECEIVED BY i 'ERMSs NET 30 DAYS --------------------------- fill t ?? t Brigid Q. Alford, Esquire Supreme Court I.D. No. 38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. No. 81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax btpa@aft.net Attorneys for Plaintiff CUMBERLAND TRUCK EQUIPMENT CO., PLAINTIFF V. ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2794 : CIVIL ACTION -LAW VERIFICATION I, Sharon Collins, on behalf of Plaintiff, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to S Dated: ?/ L1lb4 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plaintiffs Reply to Defendant's New Matter and Answer to Counterclaim with New Matter by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John M. Ogden, Esquire 34 North Queen Street York, PA 17403 &4Lh? G Edward S hweikert, IV, Esquire Dated: /(,.,_ 2), Zc?lp '?'?' ?- r'? 7 i i _ ?? ? ?. ?;i ?, _.a _, ?. _'i ` ? 1 .} -... ?,' IN THE COURT OF COMMON PLEAS, YORK COUNTY PENNSYLVANIA CUMBERLAND TRUCK EQUIPMENT, NO. 06-2794 Plaintiff, CIVIL ACTION -LAW V. JURY TRIAL DEMANDED ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, Defendant. REPLY TO NEW MATTER NOW COMES the Defendants, ROBERT P. JONES and R & J ENTERPRISES GENERAL CONTRACTOR, through his Attorney, John M. Ogden, of the law firm of Holt & Ogden, LLP, and files this Reply to New Matter, to the Complaint, stating the following facts: 51. Denied. The Counter-Plaintiff has stated a cause of action for which relief may be denied. 52. Denied. The Counter-Plaintiffs claims are well within the statute of limitations. 53. Denied. The Counter-Plaintiff has mitigated his damages by retrieving his Truck from Cumberland Truck. 54. Denied. The Counter-Plaintiff does not have unclean hands. He has acted properly throughout this matter. Cumberland Truck has unclean hands in that it is failing to honor its warranty with respect to the Truck repairs. 55. Denied. The Plaintiff cannot incorporate his entire complaint into a New Matter. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter judgment in favor of the Defendant, Jones and against the Plaintiff, Cumberland Truck in ana amount in excess of 30,000.00, plus costs of suit. Respectfully Submitted, T & OGDEN, LLP Ogden Attorney at Law 34 North Queen Street York, PA 17403 (717) 846-0550 IN THE COURT OF COMMON PLEAS, YORK COUNTY PENNSYLVANIA CUMBERLAND TRUCK EQUIPMENT, NO. 06-2794 Plaintiff, CIVIL ACTION -LAW V. JURY TRIAL DEMANDED ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, Defendant. VERIFICATION The statements contained in this pleading are those of my attorney, however, I have reviewed the complaint and verify that the averment or denial contained therein are true and correct to the best of my personal knowledge or information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification. Date: `A ROBERT P. NES IN THE COURT OF COMMON PLEAS, YORK COUNTY PENNSYLVANIA CUMBERLAND TRUCK EQUIPMENT, NO. 06-2794 Plaintiff, CIVIL ACTION -LAW V. JURY TRIAL DEMANDED ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, Defendant. CERTIFICATION OF SERVICE I am to ttorne for the Bove c ptioned p rty in this actio and hereby certi teat onis date, serveca true anc?conect copy ofnthe ajaressugh the United States Mail, first class, postage pre-paid, to the following a . G EDWARD SCHWEIKERT, IV BOSWELL, TINTNER, PICCOLA & ALFORD 315 NORTH FRONT STREET PO BOX 741 HARRISBURG, PA 17108-0741 Respectfully Submitted, .T & OGDEN, LLP DATED: August 13, 2006 BY: Attorney at Law 34 North Queen Street York, PA 17403 (717) 846-0550 P nl? - G? ..q tT r,. Y C:. c-n SHERIFF'S RETURN - OUT OF COUNTY % CASE NO: 200!6-02794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND TRUCK EQUIPMENT CO VS JONES ROBERT PITDBA R&J ENTERP R. Thomas Klin , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: JONES ROBERT PITDBA R&J ENTERPRISES GENERAL CONTRACTOR but was unablel,to locate Him in his bailiwick. He therefore deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 6th , 2006 , this office was in receipt of t attached return from YORK Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas K 1ne Dep York County 28.34 Sheriff of Cumber and County Postage l.ll 66.45 ? I I??(?4 06/06/2006 IBOSWELL TINTNER PICCOLA Sworn and subscribe to before me this day of , A.D. i YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: ybf@blazenet.net COUNTY OF YORK CALL OFFICE OF THE SHERIFF S(R ;t; 1-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE TRWTIOM PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEPAW T ONLY UNE 1 THRU 12 00-10T 0"ACH ANY COPES 1 PLAINTIFF/S/ 2 COURT NUMBER 0112794 Cumberland Truck Equipment Co 06-2794 civ 1. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/S/ Robert P. Jones t/d/b/a R&J Enterprises General Contractor Notici& V anplaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Robert P. Jones t/d/b/a R&J Enterprises General Contractor 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TWP . STATE AM ZIP CODE) AT 2467 Joppa Road York, PA 7 INDICATE SERVICE O PERSONAL U PERSON IN CHARGE U DEPUTIZE '-1 CERT MAI O 1ST CLASS MAIL U POSTED LI OTHER NOW' 17 06 , 1-4 20 I, SHERIFF OUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this ?e return there ording to law. This deputization being made at the request and risk of the plaintiff., •?``.? : P r?--" SRERIFF OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SEMf . OF COUNTY C mberland ADVANCE FEE PAID BY ATTY. ?+ Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sherds Wrung upon or aitacirrg any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without NaWity on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY /'ORIGINATOR and SIGNATURE G. EDWARD S C H W E I K E R T TELEPHONE NUMBER II DATE FILED 315 N. FRONT ST., PO BOX 741, HARRISBURG,PA 17108 717-236-9377 5/17/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed if notice is to be matted] CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SIERFF - DO NX W THIS lid 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 1 15 Exptration/Hearing Date or complaint as i n d i c a t e d above. M J M C G I L L Y C S O 15/18/2006 6/16/2006 16. HOW SERVED PERSONAL) REIIDENCE POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) I6. A ERVE I LIST ADDRE NAME D TIT E OF 1 DIV ERE IF NOT OWN AB VE ( elabonstup 19 Dderbanq 19- Date of Service 20 Time of Service P 2 . ATTEMP S Wile Time Miles Int. Dat,~ Time Miles Ink Date TI Miles Int Date Time Miles bit Dale Time Miles Ink. Date Time Miles Int. 22. REMARKS: :ST 23. Advance Costs 24 $vice Costs 25 N 26 Mileage 27 Postage 28 Sub Total 29. Pound 90 Notary 31_ Surclg. 32. ot. Costs 33 Costs Due It eck 10 .00 SU,1 ?J?J? 3 3 34. Foreign County Costs 35. Advance Costs 36 Service osts 37 Notary( ert 38. Mileage/PostagdNol Found 39. Total Coss 40 Costs Due or Refund of 7 ?th SOANSNIERS 41. AFFIRMED and subscribed to beta me this HMO V - 41. Signature of 5 a 5 45 DATE S 42 day of Dep. Sheriff -a 1 1-1 ? -.;Lg- cs I:OTARIAL S /NOTARY 46. Signatureof Yak Count Sheriff t / I f 47 DAB LIS ^. L. BOWMAN, NOTARY UBLIC y (? ' ?J CffYOFYORK ,YORK 0' NTY WILLIAM M SE SHERIFF 9 /W 106 MY COMAvII"SION GE pjrSSAU 12,2000 48 Signature of Foreign 49 DATE ' County Sheriff - I Ar•KUAW1 Frlr_F GFCFIPT AF THE RWFRIFV*& RFTIIRN SIGNATLIRF U-) h N ; ?; a rr. L- 000NTY OF YORK OFFICE OF THE SHERIFF SER)IC; 96 1 45 N. GEORGE ST., YORK, PA 17401 _ SHERIFF SERVICE INSTIMTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLYL 1 TH2U 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ Curnbc--r 1. and Truck Equ iprner t Co F3 DEFENDANT/S/ Rohf_?rt P. Jones t/d/h/d F&J Enterpri ;es General. Contr'ac. 2 COURT NUMBER () .. 2794 06-2794 civlh 4. TYPE OF WRIT OR COMPLAINT r Noticr?- k1c,& -Ip1_a:lnt SERVE 5 NAME OF INDIVIDUAL. COMPANY, CORPORATION= ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLU Roher_ t 11. Jones t/d/b/a R&J Enterprises C-nE?ral- Contractor 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY. BORO. TWP. STATE AND ZIP CODE) AT 2467 joppa Road York, PA 7 INDICATESERVICE U PERSONAL U PERSON IN CHARGE U DEPUTIZE ' CER MAI U 1ST CLASS MAIL U POSTED -JOTHER U F3 .1, SlERIFF OF, db heieby`deputize he sheriff of NOW may 20 - Yor* - COUNTY to execute this Wp return ther ' Cor rig to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING ST f ! F C i? U, N T Y C'LEribf rl rind ADVANCE FE17 PAID OY ATTY. Pled-se mail return of ser_vi.ce to Cumberland County q)erift. Tbank ym,. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attactung any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE G. EDWARD SCiiWEIKERT lt° 1 TELEPHONE NUMBER 11 DATE FILED 315 N. FONT ST., PO BOX 741, HARRISBURG,. PA 17108 717-236-9377 15/17/2006 12. SEND NOTICE OF SERVICE COPY T NAME AND ADDRESS BELOW. (This area must be completed d notice is to be mailed) CUMBERLAND CO. `.SHERIFF SPACE BELOW FOR USE OF THE S DO NOT WME MOW TH_ S Lle 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y r S 0 1 5/18/2006 16/1-6/2006 16 HOW SERVED: PERSONAL J4) RESIDENCE Vj) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17 U I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18 NAME AND TITLE OF If11DIVIDyAL-§ERVED,/ LIST ADDRESS-HER EI IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 21. ATTEMPTS Date Time Miles Int Date Time Mlles ate .Time Miles Int Date Time Miles 11. Date Time Miles Int Dale Time Miles Int. k i? T 22. . REMARKS' 23. Advance Costs 24 rvice Costs 25 N/F 26 Mileage 27 Postage 28 Sub Total 29. Pound 30 Notary 31 Surchg 32 of. Goats 33 Costs Due Ref nd eck LU 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert 38 Mdeage/Postag~ Found 39. Total Costs 40 Costs Due or Refund J t ._ SO ANSWERS 41. AFFIRMED and subscribed to before me this Yl ? ` signature of 4Y \ 5. DATE .'iii Y Q #3 42. day of 20 _ 43 X ` (t?„? Dep. Sheriff -A.", i NOTARY 46-. Signature of Y 47 DA County Sheriff 0 "'llLL1A:'i ;, 48 Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office E I: I I b 9- NA r 9001 JAWNS 3H1 A 301330 CUMBERLAND TRUCK EQUIPMENT CO. PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2794 CIVIL 19 ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brigid Q. Alford, Esquire, , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned actionE) is at issue. 2. The claim of the plaintiff in the action is $ 731.29 The counterclaim of the defendant in the action is 24,006.72 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Brigid Q. Alford, Esquire, attorney for Plaintiff; John M. Ogden, Esquire attorney or a en an WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, DATE: November 29, 2006 Brigid t_Alf d, Esquire ORDER OF COURT AND NOW, , 19 , in consideration of the foregoing petition, Esq., and actions) as prayed for. Esq., Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. ??, N c?+ Aq N? ? p d ?O O -?Q r ig n IN THE COURT OF COMMON PLEAS OF CUMBERLAND TRUCK EQUIPMENT CO. CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 06-2794 NO. CIVIL 19 v. ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brigid Q. Alford, Esquire, , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action?iEi) is at issue. 2. The claim of the plaintiff in the action is $ 731.29 The counterclaim of the defendant in the action is 24,006.72 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Brigid Q. Alford, Esquire, attorney for Plaintiff; John M. Ogden, Esquire attorney ror oerenaant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. DATE: November 29, 2006 AND NOW, foregoing petition, Esq., and &aat/-W'' actions) as prayed for. Respectfully submitted, Brigid Q. Alf d, Esquire ORDER OF COURT in consideration of the Esq., ??_Zj m6 Esq., are appointed arbitrators in t e above caption 4ww x4dj action (or By the ourt, .J. i.: j17?:?i? "y OF THE F OTAPIY 2000' DEC -8 PH 3: 04 ?,i9td a n. ?' joho a 71 fj , d ?T Po fit 33 eVM8M1 ANh TR CK EQU lt'A 95Nr a. In The Court of Common Pleas of Cumberland Plaintiff kogERT . JO d Rt J 5n4cM)5Fs (-?ENARA L QA(TRAJ---rk Defendant County, Pennsylvania No. D ? - 2 7 9 Civil Action - Law. Oath We do solemnly swear (or affirm) 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 wi fidelity. Si a Signature Signature t?.Llgn/11.,. Otfo?wos L V IC Name (Chairman) Nam Law Firm Law Firm tai Malexr &Rror a15M 0RKCE r STR Address Address ?AyiD f iT25MoNS,ESQ)IRE Name Aq,e7scw, D oerF; Mitru,orn3 Law Firm lb t-"-r 9160 &R60 r Address l.M/Nr- ?? 1761 -M 1703 1 lb 4,-3 City, zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: , SCI' Date of Award: 1?1-;V6?Cr7 . J <: . Arbitrator, dissents. (Insert name if X.,? (Chairman) Notice of Entry cf Award Now, the day of Mo-v , 20_Q2_, at f . a g , P.M., the above award was entered upon the docket and notice thereo given by mail to the parties or their attorneys. Arbitrztors' cQmper!sat;on to be paid upon appeal: $5D . DO By: /rothonotary Deputy CAI l *--17 ( , e- l n -+ -? k-r , . V--.O j -- t- -L Lf? 1 C I ? 417 M oIz- ?c Vi-p, I r sn r , CS\r Or-- LAL-- . t7? ' o? Est Brigid O. Alford, Esquire Supreme Court I.D. No. 38590 Kevin D. Gillespie, Esquire Supreme Court I.D. No. 81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax btpa@att.net Attorneys for Plaintiff CUMBERLAND TRUCK EQUIPMENT : IN THE COURT OF COMMON PLEAS CO., : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT TO THE PROTHONOTARY: : NO. 06-2794 : CIVIL ACTION -LAW PRAECIPE KINDLY ENTER JUDGMENT in favor of Plaintiff and against the Defendant, P)3L all (5,e1 Robert P. Jones, t/d/b/a R&J Enterprises General Contractor, in the amount of $724-29, plus interest at the legal rate of 6% from June 23, 2005, and costs of suit, pursuant to the judgment granted by Arbitration Panel on May 25, 2007. 1 hereby certify that no appeal has been made. BOSWELL, TINTNER, PICCOLA & ALFORD r- By: ?AA Kevin D. Gillespie DATE: July 2, 2007 CU?ns?e?av?? CK ??ul?n??vr Cd• Plaintiff foBEQr P JoN S, d b a ,2t T ??-r ??s?S G,&N0RA 1. /TRA- GV2 Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. a i - 2 7 9 - Civil Action - Law. Oath We do solemnly swear (or affirm) 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. CA- 3i a Signature Signature W ILLMNI C Ot5rtpwos Name (Chairman) KIrL4 M. V e (O& Nam I&NM X tjTZSwAONS ESWAF- Name Op=Po lL, rbamw ! firms Law Firm M WkieFr &R6ET Address CAR UL I ` ASSbO- ATES Law Firm 815 M#RKar S-r8rE r Address A440SOV, DE4a2bO.PFF, I.UtLt ?r?rn3 Law Firm Ib EAST 1{16N SV60-r Address I x 3 Lmtygg-.:.A 17613 I±A 17643 08Qua E 11 City, Zip City, Zip city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 7 -? -4- .?c4 Date of Hearing: ?I' Date of Award: -6A-4nA C . Notice of Entry of kwzrd ,r, dissents. (Insert name if applicable I II 11, 0.,n i . I (Chairman) ' }4 .;' .mot. Now, the ash day of Mo-v , 20_Q?, at I rag _E .M-, the above award was entered upon the docket and notice thereo given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350.00 TM- E COPY FROM RECORD 413 Tolft"WiWW, i here unto set my W' AW *A no of Saw ?t Carl*, Pa. By: h 4M rothonotary D . / b -1 -7 ( . 7 C', --F 5 Ir- -,.L _ . %--.o , ,, "--L- L,,- , I G .-? CUMBERLAND TRUCK EQUIPMENT IN THE COURT OF COMMON PLEAS CO., : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. : NO. 06-2794 ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT CIVIL ACTION -LAW TO: ROBERT P. JONES, t/b/d/a R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT You are hereby notified that on July 2, 2007, judgment has been entered against you in the above-captioned case in the amount of $731.29, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: July 2, 2007 Ar/ P thonotary 1 hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Robert P. Jones, t/b/d/a R&J Enterprises General Contractor 2467 Joppa Road York, PA 17403 TO: ROBERT P. JONES, t/b/d/a R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT Por este medio se le esta notificando que el July 2, 2007, el siguiente Fallo ha sido antodo en contra suya en el caso mencionado en el epigrafe. FECHA: July 2, 2007 Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Robert P. Jones, t/b/d/a R&J Enterprises General Contractor 2467 Joppa Road York, PA 17403 CUMBERLAND TRUCK EQUIPMENT CO., PLAINTIFF V. ROBERT P. JONES, t/d/b/a R & J ENTERPRISES GENERAL CONTRACTOR, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2794 CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: Cumberland Truck Equipment Co. 25 Roadway Drive Carlisle, PA 17013 Plaintiff Robert P. Jones, t/b/d/a R&J Enterprises General Contractor 2467 Joppa Road York, PA 17403 Defendant BOSWELL, TINTNER, PICCOLA & AL D Denise L. Foster, Paralegal J zzj ,V C'3 N ra c? N w t:7 `i'1 Cu?18E?21..ANb eK EQU IRMI?VT a• In The Court of Common Pleas of Cumberland Plaintiff DD n J n T County, Pennsylvania No. 0?-279J 1?ogERT 1: JO d 1Ct J GENERA L TRA.. -r Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) 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 fidelity. YV ILt IONI C em-wbnos Name (Chairman) Law Firm 8'3! AtkkS r &RE-07- Address LNWig, qA 17613 City, I ' Zip -# 1010,35 C/C Signature Signature L . T) ,n "Dt?V I? t-1T2 UM OI SQUIRE Dif Nam Name OARIWCOLI `,?ssoel?r?S Law Firm /41,9 ,Cr15cYV,'0E+PDO,Pr-'-- k)ILLUIQrn3 ; d 777) Law Firm 815 &jctr S-ne Address f?ftue;? 17(?4?_ City, Zip # 010 111 Award Ib f-:A75T AI WI cS*60 Address 4-3 Ohgo t. E '-? 11b, city, zip * 11783 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) U _ . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: , (Chairman) ?. Date of Award: Notice of Entry of Award Now, the day of May , 20_Q2_, at l:ag P .M., the above award was entered upon the docket and notice thereo given by mail to the parties or their attorneys. A bitraM.-s' co=ensation to be paid upon appeal: $ 350.00 By: rothonotary Deputy r?'/r. V -l . ( ( , Z_ `5 --r- -"-,,L V--a v A? Lti, -, -, I ?r -•.?--1 O C-1-Al m Pv C? t. r?xt' c5itc y, ,.y? in TjA f-, 1 , i. otj ?- D??