Loading...
HomeMy WebLinkAbout06-3478SKOVIRA FABRICATION AND MACHINE SHOP, INC., Plaintiff V. ALEX R. JORDAN, RALPH DEL AGUILA AND CURT JOHNSTON t/d/b/a DIMENSION ELECTRONICS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - -31/7g CIVIL TERM NOTICE TO DEFEND 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, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other right6 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 1 AMERICANS WITH DISABILITIES Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 SKOVIRA FABRICATION AND : IN THE COURT OF COMMON PLEAS OF MACHINE SHOP, INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ALEX R. JORDAN, RALPH DEL AGUILA AND CURT JOHNSTON t/d/b/a NO. 2006 - 3 q 7Y CIVIL TERM DIMENSION ELECTRONICS, Defendants COMPLAINT AND NOW comes the Plaintiff, SKOVIRA FABRICATION AND MACHINE SHOP, INC., by and through their attorneys, Irwin & McKnight, and makes the following Complaint against the Defendant, ELECTRONIC DIMENSION, as follows: 1. The Plaintiff is Skovira Fabrication and Machine Shop, Inc., an Pennsylvania Corporation with a business address of 945 Sand Bank Road, Mount Holly Springs, Cumberland County, Pennsylvania 17068. 2. The Defendants are Alex R. Jordan, Ralph del Aguila, and Curt Johnston, t/d/b/a Dimension Electronics, with a business address of 817 West Cumberland Street, Allentown, Pennsylvania 18103. 3. The parties entered into a joint agreement whereby the Plaintiff, Skovira Fabrication and Machine Shop, Inc.provided engineering services and materials to the Defendant, Dimension Electronics. 4. The Defendant was billed for these services and materials as follows: January 3, 2006 $5,643.90 January 10, 2006 $1,895.00 April 19, 2006 $2,875.56 A copy of said invoices is attached hereto and marked as Exhibit "A". 3 5. The total amount owed to the Plaintiff, Skovira Fabrication and Machine Shop, Inc. is $10,414.46, together with interest and reasonable attorney fees in the amount of $1,000.00. WHEREFORE, the Plaintiff, Skovira Fabrication and Machine Shop, Inc., requests judgment in the amount of $10,414.46 with the cost of this action, reasonable legal fees, and interest as permitted by law. By: Date: June 19, 2006 Respectfully submitted, IRWIN & McKNIGHT Marcui/A. Mc ght, I fl, Esquire Supreme Court I (D. #: 2 476 60 West Pomfret treet Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiff 4 EXHIBIT "A" Apr 19 06 10:35a Charles d Maryann Skovira 717-486-7509 P-3 Skovira Fabrication & Machine Shop, Inc. 945 Sand Bank Road Mt. Holly Springs, PA 17065 (717) 486-4437 Fax (717) 486-7509 Bill To Dimension Electronics 817 W. Cumberland Street Allentown, PA 18103 Invoice Date Invoice # 11312006 11074 P.O. No. I Terms I Project Verbal Net 30 1 010206-DE Quantity Description Rate Amount 1 Engineering Charges for three 7 chamber filter assemblies 5,643.90 5,643.90 Total 55.643.90 Apr 19 06 10:35a Charles 6 Maryann Skovira 717-486-7509 P•2 Skovira Fabrication & Machine Shop, Inc. 945 Sand Bank Road Mt. Holly Springs, PA 17065 (717) 486-4437 Fax(717)486-7509 Bill To Dimension Electronics 817 W. Cumberland Street Allentown, FA 18103 Invoice Date Invoice # 1/10/2006 11086 Ship To Dimension Electronics 817 W. Cumberland Street Allentown, PA 18103 P.O. Number Terms Rep Ship Via F.O.B. Project Verbal Net 30 1/10/2006 011006-DE Quantity Item Code Description Price Each Amount 1 1 0093 0110 Materials Used Engineering Cbarges for 2 Pole RF Central Filters 4 Units Delivery to Dr. Meaker on 1/6106 635.00 1,260.00 635.00 1,260.00 Total $1,895.00 Apr 19 06 10:36A Charles & Maryann Skovira 717-486-7509 p•5 Skovira Fabrication & Machine Shop, Inc. 945 Sand Bank Road Mt. Holly Springs, PA 17065 (717) 486-4437 Fax (717) 486-7509 Bill To Dimension Electronics 817 W. Cumberland Street Allentown. PA 18103 Invoice Date Invoice # 4119/2006 11314 P.O. No. I Terms I Project VERBAL Net 30 I 041906-DE Quantity Description Rate Amount 1 Materials Used 1,435.56 1,435,56 2 Engineering Chargcs for 2 Polc RF Central Filters 2 Units 450.00 900.00 Last version per Dimensions request 2 Engineering Charges for Ncxtct latest version 270,00 540.00 Total 52,875.56 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Cy ? CHARLES R SKOVIRA Date: i9 O G SKOVIRA FABRICATION AND : IN THE COURT OF COMMON PLEAS OF MACHINE SHOP, INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ALEX R. JORDAN, RALPH DEL AGUILA AND CURT JOHNSTON t/d/b/a NO. 2006 - CIVIL TERM DIMENSION ELECTRONICS, Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Alex R. Jordan Ralph del Aguila Curt Johnston Dimension Electronics 817 West Cumberland Street Allentown, PA 18103 IRWIN & McKNIGHT By: Marcus/A. cKnight, 11 1, Esquire 60 West Pom t Street Carlisle, PA 170 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 19, 2006 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL Kelly E. Solomon, Assistant Counsel Right of Way Section Supreme Court I.D. #85714 P. O. Box 8212 HARRISBURG, PENNSYLVANIA 17105-8212 (717) 787-3128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CIVIL ACTION -- LAW No.06-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS -- IN REM PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the condemnor, Commonwealth of Pennsylvania, Department of Transportation, the defendant in the above-captioned matter. OFFIC F HIEF CO N B y ly E. Solomon, Esquire ssistant Counsel ?- N J?j IP T .a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 006 R/WHIL ACCESS ? D DTOWNSHPS OF HAMPDEN AND LOWER ALLEN CIVIL ACTION -- LAW No.06-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS -- IN REM: CERTIFICATE OF SERVICE I certify that I am serving the attached Praecipe for Entry of Appearance in the manner and upon the person as set forth below, 440: BY FIRST CLASS MAIL: Michael F. Faherty, Esquire Atty No. 55860 225 Market Street, Suite 304 P.O. Box 124 Harrisburg, PA 17108-1245 which service satisfies the requirements of Pa.R.C.P. Respectfully submitted, O B Dated: March 7, 2008 ASS1Stail %-vLulJNa WIMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 GovERNOR's OFFICE OF FACSIMILE: (717) 772-2741 GENERAL, CouNsEL DATE: March 7, 2008 SUBJECT: Cumberland County S.R. 0015 Section 006 Borough of Camp Hill and Townships of Hampden and Lower Allen Claimants: Jennifer Delaye Docket No. 06-6478 Claim No. 2100242000 TO: David B. Reynolds Right of Way Administrator, Eng. Dist. 8-0 FROM: Kelly E. Solomon Assistant Counsel Right of Way Section The Department has recently been served with a petition for a board of view in the above-captioned matter. No preliminary objections are planned. 1. Please have a viewers plan prepared and available for my review some time before April 11, 2008. 2. You may wish to note for your file that the condemnee is represented by counsel, Michael F. Faherty, Esquire. 3. Please have the appraiser for the claim update the appraisal to the date of the taking. If a value-finding format was used, it will be necessary to insure that a complete before-and-after appraisal is completed as soon as possible. 4. If a fee appraiser was utilized, please determine whether a RW215A should be initiated by your office at this time. Thank you for your time and attention to this matter. Please contact me directly if you have any questions or concerns. 717-705-1275 cc: William J. Cressler, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel in Charge COMMONWFAI TH KFYSTONF RI III DINT • 9TH FI OOR - 4n0 NORTH STRFFT • HARRI.SRI IRG PA 17120-0098 C c°a c.. rv 2? i _ ? -t , r. _- y.,, -?_ ? ?,, ?:_ t,? ,, N `-' .... J?+ -:, ? ? .1 ? i? .? i t;"i i C? ? -7i 1? i SKOVIRA FABRICATION AND IN THE COURT OF COMMON PLEAS OF MACHINE SHOP, INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ALEX R. JORDAN, RALPH DEL AGUILA AND CURT JOHNSTON t/d/b/a NO. 2006 - 3478 CIVIL TERM DIMENSION ELECTRONICS, Defendants STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, IRWIN & )VIA IIGHT, P.C By: SupremeWourt I.D. No: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 uire Date: October 27, 2009 R€ E --OFFICE OF THE RROTWGNIOTARY 2009OCT 27 PM 2-- 4b GUt k: . ' u ?' JWNTY PENNSYLVANIA, Skovira Fabrication and Machine Shoe, Inc. Plaintiff ~,, 'ts Case No. 2006 __34 Ca"'~il ' Alec, R. Jordan, Kalph Del Aguila and ~~ -.,~ Curt Johnston t/d/b/a t'-r's~ © tn~=. Dimension Electronics _ _ Defendants cn~ t"V ~'-~t'.:+ ,.,,~ D p~ :~ , Statement of Intention to Proceed ~ ~ "ice To the Court: The Plaintiff Print Name Marcus A. McKnight, III '~~ ~ ~ ~~ ~. ~- ~ c~ ~ ''t ~ O ~") ~ .,~ intends to procee ith the above captione~rtatte '' ^"~: ~/ / Sign Name v Date;: -.October 26, 2012 Attorney for_the Plaintiff Explanatory Comment fhe Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comtnent. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. "This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdiviision (a) of that rule continues to be applicable. II Inactive Cases 'The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. "I'he process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with: the parties. [f the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute.'" If a party wishes to pursue the matte: r, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party Wray proceed under Ru1e230(d) for relief from the order of termination. An example of such an occuRrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did nor timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision I;d)(3) requires that. the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). f3. W~aere the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.