Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06-3588
Allegheny County Prothonotary Civil Docket Report AR-06-002763 *****CASE TRANSFERRED TO CUMBERLAND COUNTY*' ot. - 3spp (2j, Run Date: 06106/200 l Run Time: 10:25:29 Court Type: Arbitration Case Type: Defendant's DJ Appeal Related Cases: Judge: No Judge Jury Requested. No Current Status: Case Transferred Amount In Dispute: $.00 11 Parties --Litigants -- ID (ii?1385925 @1314526 F? 11-Name Cumberland Masonry Inc . Bruder FName ? Lee MI ? Type plaintiff Defendant Address PO Box 678 New Cumberland PA 17070 1521 Buena Vista Street Pittsburgh PA Phone -1 Attorney orris Jeffrey Attorney -- ID LName FName MI Type Address Phone 31010 Morris Jeffrey 0 Defendant's Attorney 706 Rochester Road Pittsburgh PA 15237 (412)3699696 -- Non Litigants -- 11-Name FName MI Type Address Phone ACPROTH Allegheny County Prothonotary 0P Prothonotary No Default Address Available (412)3505729 Alternative Names iJID 11Name HAlternative Name @1314526 Bruder Lee Bruder Constrution Company dba Docket Entries Filing Date Docket Type Docket Text Filing Party 04/10/2006 Affidavit of Service of Notice of Appeal was served by mail on 4/10/05 addressed to Plaintiff Cumberland Masonary Inc and Honorable Mark Martin. Bruder Lee From the judgment of Martin dated 03/09/06. Rule on plaintiff to file a complaint 04/10/2006 Defendant's within 20 days of service or suffer judgment of non pros. Service of appeal and Bruder Lee Appeal of DJ Rule to File a Complaint served on District Justice and Plaintiff/s by Prothonotary 's Office on 04/11/06. 0 510 112 0 0 6 Letter 1 Cumberland 1Masonry Inc. Dated 05/12/06. Defendant's Motion to Transfer Venue to Cumberland County of 05(17!2006 Order of Court the within District Magistrate Justice appeal proceeding is GRANTED and Cumberland transfered of the record from Allegheny County to Cumberland County is to be Masonry Inc. accomplished by the Prothonotary forthwith. Wettick J. 2 notices sent 05/17106. 06/0612006 T as sferred Ps OrWettick derJ of Court dated 05112/06. Case is transferred to Cumerland County, Allegheny ? ny Prothonotary ,: ?, . ,, ?. . _.._ _. ., A IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., CIVIL DIVISION Plaintiff, No. AR-06-002763 V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. MOTION TO TRANSFER VENUE FILED ON BEHALF OF: Defendant: Lee Bruder d/b/a Bruder Construction ?r COUNSEL OF RECORD FOR THIS PARTY: Jeffrey T. Morris, Esquire PA I.D. No. 31010 Carolyn S. Lauro, Esquire PA I.D. No. 92976 MORELLA & ASSOCIATES, A Professional Corporation 706 Rochester Road Pittsburgh, PA 15237 412-369-9696(Phone) 412-369-9990(Fax) A ??Sll7/rX • IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., Plaintiff, V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. CIVIL DIVISION No. AR-06-002763 CERTIFICATE OF SERVICE I hereby certify that on this 9th day of May, 2006 a true and correct copy of the Motion to Transfer Venue, was served via U. S. First Class Mail upon the following persons at the addresses listed below: Marc A. Roberts, Esquire 149 E. Market Street York, PA 17401 NOTICE OF PRESENTATION Please take note that the within Motion to Transfer Venue shall be presented to the Honorable Judge Wettick., 815 City-County Building, 414 Grant Street, Pittsburgh, Pennsylvania on Friday May 12, 2006 at 2:00 P.M. or as soon thereafter as the Court's schedule permits. MORELLA & ASSOCIATES B} -? Carolyn S. Lauro, Esquire PA I.D. No. 92976 706 Rochester Road Pittsburgh, PA 15237 (412) 369-9696 Phone (412) 369-9990 Fax L] IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., CIVIL DIVISION Plaintiff, No. AR-06-002763 V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. MOTION TO TRANSFER VENUE PURSUANT TO Pa.RC.P. No 1006 (3) (e) Defendant, Lee Bruder, d/b/a Bruder Construction, by his attorneys, Morella & Associates and Carolyn S. Lauro, Esquire, files this Motion to Transfer Venue pursuant to Rule 1006(E) and states as follows: 1. The within matter is the result of an appeal from an entry of a judgment before a District Magistrate Justice in favor of Plaintiff and against Defendant, Lee Bruder. 2. The judgment was entered from the offices of the Honorable Mark Martin, District Magistrate Justice, Cumberland County Magistrate District No. 09-3-05 on March 9, 2006. A true and correct copy of the Notice of Judgment/Transcript Civil Case is attached hereto marked as Exhibit "A" and made a part hereof. 3. Thereafter, Defendant timely filed a Notice of Appeal from said judgment on April 10, 2006. The appeal has been docketed in the Court of Common Pleas of Allegheny county at No. AR 06-002763. A true and correct copy of the Defendant's Notice of Appeal from District Judgment is attached hereto marked as Exhibit "B" and made a part hereof. 4. Although the Notice of Appeal was erroneously filed in the wrong venue, as it should have been filed in Cumberland County, and not Allegheny County, nevertheless the Notice of Appeal was accepted and docketed in Allegheny County and in all other respects was timely and properly accomplished and effected pursuant to Pa. R.C.P.M.D.J. No. 1002. i • 5. Pursuant to Rule 1006 (3)(e), when venue is improper, the Court is not to dismiss the matter, but rather to transfer it to the County where proper venue lies. 6. It is submitted that proper venue for the appeal in the within action is in Cumberland County, Pennsylvania. WHEREFORE, Defendant requests this Court enter an Order pursuant to its power under Rule 1006 (3)(e) to transfer the venue of this matter to the Court of Common Pleas of Cumberland County, Pennsylvania for further proceedings respecting the appeal from the district judgment at issue. Respectfully submitted, MORELLA & ASSOCIATES By 4-1 Carolyn S. Laur , sgmre PA ID No. 92976 706 Rochester Road Pittsburgh, PA 15237 (412) 369-9696 - Telephone (412) 369-9990 - Facsimile R?r 06 06 09:57a ' COMMONWEALTH OF PENNSYLVANIA ('nl INTY OF- CUMBERLAND , Mag. Dsl. W, 09-3-05 Mal Name' Hon. MARE MARTIN Add'e' ' 507 N YORK ST MECHANICSBURG, PA TeimhoO. (717) 766-4575 17055 10 P.1 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rCUM ZRLAWD MASONRY, INC P O SOX 678 NEW CUMBERLAND, PA 17070 L Vs. DEFENDANT: NAME arm ADDRESS rBRIIDBR CONSTRUCTION/LSS BRUDHR 1525 BUENA VISTA ST PITTSBURGH, PA 15212 BRUDBR CONSTRUCTION/LEE BRUDBR L J 1525 SUENA VISTA ST DocketNo.: CV-0000392-05 PITTSBURGH, PA 15212 Date Filed: 10/27/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DT-AI TI'T4A ® Judgment was entered for: (Name) ^tnteleR* Awrn WARIf=ev INC ® Judgment was entered against: (Name) BgTmgu m1ffsTgUc 1rn18t T.RE snTma in the amount of $ 2,g29, 76 on: ? Defendants are jointly and severally liable. (Date of Judgment) A/n4/nf; (Date & Time) El Damages will be assessed on This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT7TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.. t? Date ? f Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 . Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $? SEAL AOPC 315.05 DATE PRINTED: 3/09/06; 8:48:17 AN COMMON PLEAS CASE NO. AR-4/ ? 7 DEFENDANTS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT c rnberl,asnd y%3onry, JTc. s P. O. Box 678, CL rdmr1and, PA 17070 Plaintiff(s) name and address 13r x Mnstruction/Lets 9rtr1^±r, 1525 SL? Vista '3tre"to Pittaatst^ 1# P11? 15212 Defendant(s) name and address ins Pr+3:Ler, d/13/a Bru3er 0=strttctiem Name of appellant(s) (People or company filing this appeal) dark trtin Name of District Justice 09 - 3 -15 District Justice case number J 1.93rch 9. 2006 District Justice Hearing Date This block will be signed only when this notation is required If Appellant was Claimant (see Pa. RC.P.J.P. under Pa. R.C.P.J.P. No. 100813. No. 1001(6)) in action before District Justice, he/she/it This Notice of Appeal, when received by the District Justice MUST FILE A COMPLAINT within twenty (20) wilL,operate as a SUPERSEDEAS to the judgment for days after filing his/her NOTICE OF APPEAL. Possession in this case. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE 70 111LE A CUMPLAIN'l TO PROTHONOTARY: Enter rule upon o'ut*axlars:3 rftw.)nr'la T=. plaintiff(s) to file a complaint in this appeal within twenty (20) days after the date of service of this rule by the Prothonotarys Office. Si nature of appellant or attorney ?cclat s^ . I? *„ tt 4.. 14 RULE: To 'tract rlarr3 masonry. Yt+c.'3e fray T. 'orris, 06 ater PAatl r PA 1537 plaintiff(s) ($12) 369-9696 1. You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule. 2. If you do not file a complaint within this time, A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. 3. The date of service of this rule is the MAIL DATE. mail date Filing Date &)Signature of Prothonotary or Deputy DIRECTIONS: TO FILE YOUR COMPLAINT AS PER THE ABOVE RULE, BRING THIS FORM TO: PROTHONOTARY'S OFFICE, 1ST FLOOR CITY COUNTY BLDG. 414 GRANT ST. PGH., PA 15219 OFFICE HOURS: 8:30 A.M. TO 4:30 P.M. MON: FRL (NO FEE TO FILE THIS COMPLAINT) . i i A ALLEGHENY COUNTY Michael Lamb H Prothonotary Date. 19-APR-2986 Rcpt: 4354277 CASHIER : ORSSSAMD91 payor : Morelia Case . AR-96-992763 Cumberland Masonry inc. vs Bruder dba Defendant's Appeal of $73.99 DJ A payment : check: t$73.W) 19427 ------- ----- Balance : 59.9e Go to payment AAAA Go To Hose 4WA. Va 0 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., CIVIL DIVISION Plaintiff, No. AR-06-002763 V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. ORDER OF COURT NOW, this day of May, 2006, it is hereby ORDERED, ADJUDGED and DECREED, that Defendant's Motion to Transfer Venue to Cumberland County of the within District Magistrate Justice appeal proceeding is GRANTED and transfer of the record from Allegheny County to Cumberland County is to be accomplished by the Prothonotary forthwith. BY THE COURT: J. COVER SHEET Plaintiff(s) Case Number : K]-EE-[a743 Cumberland MR-5nnry,Tgo Code and Classification : Filed on behalf of Defendant(s) IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY. PENNSYLVANIA Vs Lee 6Cuckr , r )'O O, I??u.de? Cons?ruc?'1©? x m a. T @ r m N C15 ? Ni m a ' i m 3 CIVIL DIVISION Type of pleading : DEFENDANT'S NOTICE OF APPEAL FROM DISTRICT ATTORNEY JUDGMENT Defendant, Lee Bruder, d/b/a Bruder Construction (Name of the filing party) a Counsel of Record Individual, If Pro Se Name, Address and Telephone Number : Jeffrey T. Morris, Esq. MORELLA & ASSOCIATES 706 Rochester Road Pittsburgh, PA 15237 (412) 369-9696 Attorney's State ID : 31010 ___._, Attorney's Firm ID AR-06 S i / • 1 l ^ COMMON PLEAS CASE NO. AR- Z7,12 DEFENDANTS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT Cumberland Masonry, Inc., P. O. Box 678, New Cumberland, PA 17070 Plaintiff(s) name and address Bruder Construction/Lee Bruder, 1525 Buena Vista Street Pittsburgh, PA 15212 Defendant(s) name and address Lee Bruder, d/b/a Bruder Construction Name of appellant(s) (People or company filing this appeal) Name of District Justice 09 - 3 -05 March 9, 2006 District Justice case number District Justice Hearing Date dock will be signed only when this Pa. R.C.P.J.P. No. 100813. This Notice of Appeal, when received by the District Justice will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If Appellant was Claimant (see Pa. R.C.P.J.P. No. 1001(6)) in action before District Justice, he/she/it MUST FILE A COMPLAINT within twenty (20) days after filing his/her NOTICE OF APPEAL. PRAECIPE TO ENTER RULE TO FILE A COMPLAINT TO PROTHONOTARY: 1. You are notified that a rule is hereby entered upon you to file a complaint inQVA6pa19696 within twenty (20) days after the date of service of this rule. 2. If you do not file a complaint within this time, A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. 3, The dat ervice of this rule is the MAIL DATE. /B ^ O? mail date Filing Date & Signature of Prothonotary or Deputy Enter rule upon Cumberland Masonry, Inc. plaintiff(s) to file a complaint in this appeal within twenty (20) days after the date of service of this rule by the Prothonotarys Office. / re ppellant or attorney Morella & Associates RULE: To Jeffr T. Morris Esq, 706 Rochester Road plaintiff(s) Pittsnburgh, PA 15237 DIRECTIONS: TO FILE YOUR COMPLAINT AS PER THE ABOVE RULE, BRING THIS FORM TO: PROTHONOTARY'S OFFICE, 1ST FLOOR CITY COUNTY BLDG. 414 GRANT ST. PGH., PA 15219 OFFICE HOURS: 5:30 A.M. TO 4:30 P.M. MON.-FRI. (NO FEE TO FILE THIS COMPLAINT) Apr 06 06 10:00a COMMONWEALTH OF PE*YLVANIA rni 14Y 01ii!' CUILBRRIJIND Dist. No, I Q L; i i - 09-3-05 MDJ Name: Han. MARK MARTIN Address 507 N YORK ST MECHANICSBURG, PA relepwi,e. (717) 766-4575 17055 P.1 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS 7CDMBERLAM MASONRY, I1YfC P O BOX 678 NM CUMBERLAND, PA 17070 L J VS. ' DEFENDANT: NAME and ADDRESS rBRDDER CONSTRUCTION/LEE BRUDBR 1525 BURMA. VISTA ST PITTSBURGH, PA 15212 BRUDIR CONSTRUCTION/LRR BRUDBR L J 1525 BURNA VISTA ST Docket Ni CV-0000392-05 PITTSBURGH, PA 15212 Date Filed: 10/27/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT-ATNTIFP ® Judgment was entered for: (Name) CUMBwVT.Awn IMAanrrQV, Two ® Judgment was entered against: (Name) BRrmi CONSTRrrLeTTOg/r.tzR nRrmi in the amount of $ 9, 122.76 on: ? Defendants are jointly and severally liable. ? Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to ? Attachmenti Pa.C.S- § 3127 S Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) g10010S (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUOGMENT/TRANSCRtPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. IC is Date Magisterial District Judge I [Crl, that this is a true and correct copy of the record of the proceedings Containing the judgment. Date , Magisteria! District Judge My commission expires first Monday of January, 2012 . AOPC 315-05 DATE PRINTED: 3/09/06 8:48:17 AM SEAL IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., CIVIL DIVISION Plaintiff, No. AR-06-002763 V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. F'100O ? ?ppb prR "r „tit PRO?tK???? a N? Q AFFIDAVIT OF SERVICE FILED ON BEHALF OF: Defendant: Lee Bruder d/b/a Bruder Construction COUNSEL OF RECORD FOR THIS PARTY: Jeffrey J. Morella, Esquire PA I.D. No. 51329 Jeffrey T. Morris, Esquire PA I.D. No. 31010 Nathan D. Clark, Esquire PA I.D. No. 90259 MORELLA & ASSOCIATES, A Professional Corporation 706 Rochester Road Pittsburgh, PA 15237 412-369-9696(Phone) 412-369-9990(Fax) It % • • IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., Plaintiff, V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. CIVIL DIVISION No. AR-06-002763 AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF ALLEGHENY } I, Michelle L. Adelsberger, Paralegal for Morella & Associates, A Professional Corporation, being duly sworn according to law deposes and says that I am a competent adult, and that on Monday, April 10, 2006, at approximately 1:40 P.M. after filing of the Notice of Appeal from District Justice Judgment, I personally handed to the Prothonotary of Allegheny County for service upon Plaintiff, Cumberland Masonry, Inc., at P.O. Box 678, New Cumberland, Pennsylvania 17070 and Honorable Mark Martin at 507 N. York Street, Mechanicsburg, Pennsylvania 17055 self addressed envelopes enclosing the time stamped copy filed in the above-captioned matter. Vlph-l 01660 el n?1 1, Michelle L. Ade sberger SWORN to and subscribed before me this 10th day of Amil 2006. Ndtslry Public ' - r COMMONWEALTH OF PGiivSYLVAiv.. NDWW Sept R0pyTq.,Ak4"..0W* * CwnbdM E 0w Feb. 2, zoos WOW, PennryNapa Assw4edw O("Nes ,a V?t Q([(](?[ s ° (?' ° C o Marc Roberts Robert D. O'Brien 149 East Market Street York, Pennsylvania 17401 April 28, 2006 Jeffrey T. Morris, Esquire MORELLA & ASSOCIATES 706 Rochester Road Pittsburgh, PA 15237 Re: Cumberland Masonry v. Bruder Construction No. AR-06-002763 Dear Mr. Morris: lWaphone (717) 843-1639 Facsimile 0171 845-8700 This will confirm our conversation where we discussed that this matter should be transferred to the proper venue of Cumberland County. We have agreed that you will file a motion with the Allegheny County Court to accomplish that transfer, and when I receive notice of the transfer, I will promptly file and serve the complaint. Your appeal date is thereby preserved, and I need not file a complaint in Allegheny County where the case will soon be closed. Thank you for your cooperation. Sincerely, arc Roberts MR/dasl CC: Prothonotary, Allegheny County W r*? !In Y l c fa o . ; LL ?w _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC. Plaintiff VS. LEE BRUDER, t/d/b/a BRUDER CONSTRUCTION Defendant No. 2006-3588 Civil Action - Law NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 (717) 243-9400 NOTICIA Le han demandado a usted a la corte. Si usted quiere defenderse en contra 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 o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO 0 PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Marc Roberts, Esquire Attorney for Plaintiff ID No. 34355 149 East Market Street York, Pennsylvania 17401 (717) 843-1639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND MASONRY, INC. Plaintiff VS. LEE BRUDER, t/d/b/a BRUDER CONSTRUCTION Defendant COUNTY, PENNSYLVANIA No. 2006-3588 Civil Action - Law Jury Trial Demanded C O M P L A I N T 1. The Plaintiff, CUMBERLAND MASONRY, INC., is a Pennsylvania corporation engaged in the business of concrete and masonry construction, excavation, and septic system installation, with a principal place of business at P. 0. Box 678, New Cumberland, Pennsylvania 17070-0678. 2. The Defendant, LEE BRUDER, t/d/b/a BRUDER CONSTRUCTION, is an adult individual, whose principal place of business is located at 1525 Buena Vista Street, Pittsburgh, Pennsylvania 15212. 3. On or about March 22, 2005, Defendant executed a written proposal of the Plaintiff for the Plaintiff to subcontract certain concrete flatwork on a job where the Defendant was the general contractor. A copy of the said written contract is attached hereto and incorporated by reference herein as Exhibit A. A copy of Plaintiff's Invoice No. 6785 for the contract work is attached hereto and incorporated by reference herein as Exhibit B. 4. The work described in Exhibit A was subject to a change at the request of the homeowner, which resulted in a job site change order and an additional invoice. Copies of said Job Site Change Order and Invoice No. 6827 are attached hereto and incorporated by reference herein as Exhibits C and D, respectively. 5. Plaintiff also did additional work orally requested as reflected in Invoice No. 6795, which is attached hereto and incorporated by reference herein as Exhibit E. 6. The Plaintiff performed the aforesaid services in the ordinary course of business and submitted its invoices as previously attached. 7. The services performed under the aforesaid contract were performed in a timely, good and workmanlike fashion, and the amounts charged for the same were fair and reasonable for similar services and in conformity with the amounts charged by others for similar services in the area. 8. The time specified for payment of this account has passed, and the Defendant has failed to pay the account in full. Payments have been received of $2,500.00, credited to the account on May 12, 2005, $2,643.00, credited to the account on July 22, 2005, and $2,000.00, credited to the account on or about October 2005. The net principal debt owed by the Defendant is, therefore, as follows: July 2005 balance $3,864.00 Finance charge at $57.96 per month August, September and October 173.88 $4,037.88 Less October 2005 payment -2.000.00 $2,037.88 2 Monthly finance charge for November and December 2005, and January, February, March, April and May 2006 at $30.47/month 213.29 $2,251.17 Attorney's fees 500.00 $2,751.17 District Justice costs: Filing fee 117.00 Constable 25.00 $2,893.17 WHEREFORE, Plaintiff requests your Honorable Court to enter judgment in its favor in the amount of $2,893.17, with continuing interest at the rate of 1-1/2 percent per month, and the costs of suit. Respectfully submitted, 12?i? Marc Robertg-j , Esquire Attorney for Plaintiff I.D. No. 34355 149 East Market Street York, Pennsylvania 17401 (717) 843-1639 3 Rpr 05 05 02:46p TO: 14123223262 P.1 p.I DEC-17-2004 09:36 FROM:a BEtIVO MO*0 ,I C717) 774-2267 Cumberland Masonry Inc. WIMMUMMU P.O. Box 678 Telephonw. (717) 774-SM New Cumberland, PA 17070 Fax: (717) 774-4367 PsOPMU oautt? z9 Ca S. YS-If P1 Bruder Construction Date: December 17, 2004 Lee Bruder Job Name: 19 Lucinda Ln, Meohaniceburg 1526 Buena Pieta Street Phone: 412-401-7436 y Pittsburgh, PA 15212 Fax: 412-322-3262 We hereby submit specifications and sstimatss lot Installation of 409 WIT x 5171) patio, 87 of (6'4" x 7) slab at door, 71 of front porch and 88 dentrance walk as per attached drawing as follows: 1) We will excavate the area to receive the new concrete. All excavated materials will be left on site.. All excavation and stone place at is figured to be done with motorized earth-moving equipment. Therefore, damaged areas m your yard that will used to be repaired at a cost not included this proposal should be erLend Masonry Ise2) We expecteNA99K will 7 sf slab, 71 affront of 4000?mesh on bop of a 4" mimed agent. Then pattern grade cure and sealant with non-slip additive. Note: Proposal cost based on unloading of concrete trucks directly into work area along with covering concrete with insulated blankets for cold weather protect=. If due to weather conditions work area will need to be enclosed to ensure proper curing, there will be added cost to owners. Cumberland Masonry Inc. will not guaze?ee concrete defects due to insuScient temperatures. 3) We will take down all forme, clean up our work area, and back511 around the new patio. Raking. seeding, landscaping and caulking of control and/or expansion joints are not included is the cwt of We proposal unless otherwise specified. Note: This work may require a permit from the towasbip. This proposal does not include permit fees. Please secure your permit before we start the work. Rock excavation and tree root removal are not included m emu of proposal. If heavy equipment and/or stump grinder is needed, it will be charged on tine and material basis. The I& of the tree cannot be guaranteed due to root removal. We promm heavy to Rgraish materiel and labor according to the abo n avec%c^ations for the sins of, Five Thousand One Hundred Forty-three and WIM Dollars ($6.143.00) Option to install 140 of font sidewalk: Add $1,190.00 Pavmett to be made as follours: Fifty peasant (50%) of total on the first day of work and the balance upon completion of the work stated above. Finance charges of 1. % er month will be applied to unpaid balance 80 days Gram the date of invoice. In addition, in the event nom-payment and referral to an attorney or collection agency, you will be responsible to actual attorney fees incurred to collect any sums due. Proposed by: Aaxpted by: Walter h Wmmia 91sn Date o/Acceptance: Acceptad by- RKU AR Pint Nano a Title If this proposal is accepted please sign, date, and return one copy to the above address. This proposal may be withdrawn if not accepted within Sixty (60) days. Thank you for the opportunity to quota this job. * EXHIBIT A Invoice Cumberland Masonry, Inc. P. O. Box 678 New Cumberland, PA 17070 Phone (717) 774-6565 BILL TO Bruder Construction Lee Bruder 1525 Buena Vista Street Pittsburgh, PA 15212 JOB LOCATION/DESCRIPTION 19 Lucinda Lane Mechanicsburg, PA PHONE DATE INVOICE # 5/6/2005 6785 v /1z (zcz:S 412-401-7436 I P.O. NO. I TERMS I PROJECT 121704 Due on receipt j QUANTITY DESCRIPTION RATE AMOUNT 1 Installation of 409 sf patio, 37 sf slab, 71 sf front porch, 5,143.00 5,133.00 and 88 sf entrance walk as per signed contract I I Finance ch ges of 1.G% per month will be applied to unpaid balance 30 (jays fro the, date of invoice.. Total 76 EXHIBIT B Cumberland Masonry Inc. P.O. Box 678 New Cumberland, PA 17070 Telephone: (717) 7746565 Fax: (717) 7742267 JOB SITE CHANGE ORDER Bruder Construction Date: April 27, 2005 Lee Bruder Job Name: 19 Lucinda Ln, Mechanicsburg 1525 Buena Vista Street D Phone: 412-401-7436 Pittsburgh, PA 15212 lr/ p Fax: 412-322-3262 We hereby request authorization for the follourina changes: 1) Delete 27 sf from 140 sf sidewalk (option) at driveway as per attached drawing. - $229.00 2) Add 57 sf to adjoin patio and pad at door as per attached drawing. + $485.00 3) Add 194 sf to rear patio with 29 lineal feet having an 18° turn down for step supports as per attached drawing. +$2048.OU Proposed by: -W/ "Ll - Approved Cumberland Maso6ry I c. Representative Date Approved: Approved by: Signature Print name & title Paument to be made in accoraance urith previous agreed upon contract terms. Please sign and return copy to our office via fax or US mail. EXHIBIT C Change order amount: $____2304.00 Invoice Cumberland Masonry, Inc. P. O. Box 678 D New Cumberland, PA 17070 E Phone (717) 774-6565 e- 11:23w,A BILL TO Bruder Construction Lee Bruder 1525 Buena Vista Street Pittsburgh, PA 15212 JOB LOCATION/DESCRIPTION 19 Lucinda Lane Mechanicsburg, PA PHONE DATE INVOICE # 6/812005 6827 I P.O. NO. I TERMS I PROJECT Due on receipt QUANTITY DESCRIPTION RATE AMOUNT 1 Option to install 140 sf front sidewalk as per signed 1,190.00 1,190.00 contract 1 Add 57 sf to adjoin patio and pad, and 194 sf to rear 2,304.00 2,304.00 patio with 29 lineal feet as per signed job site change order Finance cha ges of 1.5% per month will be applied to unpaid balance .COI 30 days fro the date of invoice. $3,494.00 EXHIBIT D x Invoice Cumberland Masonry, Inc. P. O. Box 678 New Cumberland, PA 17070 Phonc (717) 7746565 BILL TO Bruder Construction Lee Bruder 1525 Buena Vista Street Pittsburgh, PA 15212 JOB LOCATION/DESCRIPTION 19 Lucinda Lane Mechanicsburg, PA DATE INVOICE # 5/12/2005 6795 PHONE 1412-401-7436 P.O. NO. TERMS I PROJECT Due on receipt QUANTITY DESCRIPTION RATE AMOUNT 1 Extra time and material for one X x X x 3' mailbox pad 195.00 195.00 1 Pour and finish two 4'x 4' air conditioner pads 175.00 175.00 Finance ch ges of 1.5% per month will be applied to unpaid balance 30 days fro the date of invoice. 1011?? $370.OC EXHIBIT E 04/24/2006 17:12 7177742267 CUMBERLAND MASONRY PAGE 01/01 04/19/2006 11:07 PAZ 717 845 8700 LAW OFFICES f?jpll IN THE COURT OF COMMON PLEAS OF CUMBSPIAND COUNTy# pKM1Mvw A MASONRY, INC. Plaintiff VS. LEE BRVDER, t/d/b/a BRUDER CONSTRUCTION Defendant No. 2006- Civil Action - Law Jury Trial Demanded The undersigned verifies that the statements made in the foregoing are true and correct to the best of his knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 28 Pa, C.B.A. Section 4904 relating to unworn falsification to authorities, CUMBRIZLAND MASONRY, INC. Z° a? lay ohn 44TYanoviak, president IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC. No. 2006- Plaintiff vs. Civil Action - Law LEE BRUDER, t/d/b/a BRUDER CONSTRUCTION Defendant Jury Trial Demanded CERTIFICATE OF SERVICE I, Marc Roberts, Esquire, attorney for the Plaintiff, hereby certify that I have on the 28th day of June, 2006, serve the attached Complaint by first class mail, postage prepaid, upon the persons and to the addresses indicated below: Jeffrey T. Morris, Esquire Morella & Associates 706 Rochester Road Pittsburgh, PA 15237 MARC ROBERTS, ESQUIRE h.? J ,,,-• -?7 --1 >. -r) !J __ C:J ? ' : ? .., ,_ I?^? i ? .. `7 C:; ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., Plaintiff, V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. CIVIL DIVISION No. 2006-3588 DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT FILED ON BEHALF OF: Defendant: Lee Bruder d/b/a Bruder Construction COUNSEL OF RECORD FOR THIS PARTY: Jeffrey T. Morris, Esquire PA I.D. No. 31010 Carolyn S. Lauro, Esquire PA I.D. No. 92976 MORELLA & ASSOCIATES, A Professional Corporation 706 Rochester Road Pittsburgh, PA 15237 412-369-9696 (Phone) 412-369-9990(Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., CIVIL DIVISION Plaintiff, No. 2006-3588 V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, Lee Bruder, d/b/a Bruder Construction, by his attorneys, Jeffrey T. Morris, Esquire and Morella & Associates files this Answer and New Matter to Plaintiffs Complaint and states as follows: 1. Admitted. 2. Admitted. 3. The allegations of this paragraph make reference to a writing which speaks for itself as to its' terms, provisions and contents. To the extent any of the allegations of this paragraph contradict the express terms, provisions and contents of the referenced writing, the allegations are denied. Moreover, Defendant does not admit any paraphrasing of the contents of the writing contained in the allegations of this paragraph. 4. The allegations of this paragraph make reference to a writing which speaks for itself as to its' terms, provisions and contents. To the extent any of the allegations of this paragraph contradict the express terns, provisions and contents of the referenced writing, the 11 allegations are denied. Moreover, Defendant does not admit any paraphrasing of the contents of the writing contained in the allegations of this paragraph. 5. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained therein and, therefore, same is denied. Specific proof, if relevant, is demanded at time of trial. 6. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained therein and, therefore, same is denied. Specific proof, if relevant, is demanded at time of trial. 7. Said averments are conclusions of law to which no response is deemed necessary. To the extent a response is required, same are denied. Strict proof of same, if relevant, is demanded at the time of trial. 8. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained therein and, therefore, same is denied. Specific proof, if relevant, is demanded at time of trial. WHEREFORE, Defendant denies any and all liability to Plaintiff and demands the entry of judgment in its favor dismissing the Complaint with prejudice. NEW MATTER 13. The allegations of the preceding paragraphs 1-12 are incorporated herein by reference as though fully restated. 14. The Complaint fails to state a claim on which relief can be granted. 15. The Complaint is barred by operation of the applicable statute of limitations. 16. The Complaint is barred by the doctrine of waiver. 17. The Complaint is barred by the doctrine of estoppel. 18. The Complaint is barred by the doctrine of laches. WHEREFORE, Defendant demands judgment against the Plaintiff and costs of this action. Respectfully submitted, MOREL A & ASSOCIATES By. Jeffrey T. Morris, Esquire PAID No. 31010 Carolyn S. Lauro, Esquire PA ID No. 92976 706 Rochester Road Pittsburgh, PA 15237 (412) 369-9696 - Telephone (412) 369-9990 - Facsimile Counsel for Defendant VERIFICATION I, Carolyn S. Lauro, counsel of record for Lee Bruder, d/b/a Bruder Construction, Defendant herein, state that the Verification of the Defendant could not be obtained within the time allowed for filing this pleading and do hereby verify that the facts that are alleged in the foregoing Answer and New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief based on all information now available to me. This Verification is made subject to the penalties of 18 Pa.C.S.A § 4904 relating to unswom falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that on this A64k day of July, 2006 a true and correct copy of Defendant's Answer and New Matter to Plaintiffs Complaint was served via U. S. First Class Mail, postage prepaid, upon the following counsel at the address listed below: Marc A. Roberts, Esquire 149 E. Market Street York, PA 17401 Counsel for Plaintiff Carolyn S. Lauro, Esquire r_.? ?_ 7 . ? ?:? _{ t ? -?- _.. ?. - i _,,. .'..:: i ,',, '< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC. Plaintiff VS. LEE BRUDER, t/d/b/a BRUDER CONSTRUCTION Defendant No. 2006-3588 Civil Action - Law REPLY TO NEW MATTER 13. This is an incorporation paragraph which states no factual matters and requires no response. 14 through 18. Denied. These paragraphs state a conclusion of law without supporting facts. No further response is required. , Plaintiff requests your Honorable Court to dismiss Defendant's New Matter and enter judgment in its favor as set forth in the Complaint. Respectfully submitted, Mar R erts, Esquire Attorney for Plaintiff I.D. No. 34355 149 East Market Street York, Pennsylvania 17401 (717) 843-1639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC. Plaintiff VS. LEE BRUDER, t/d/b/a BRUDER CONSTRUCTION Defendant No. 2006-3588 Civil Action - Law Jury Trial Demanded The undersigned verifies that the statements made in the foregoing are true and correct to the best of his knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: July 26, 2006 Marc Roberts, Esquire Attorney for Cumberland Masonry, Inc., Plaintiff r '"> 'rt ._. ?. ?' --' _;.?.-n ._ ,: in _r.. _ _:y CUMBERLAND MASONRY, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3588 CIVIL 19 VS. LEE BRUDER, t/d/b/a BRUDER CONSTRUCTION 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. Marc Roberts, Esquire, counsel forthe plaintiff/ddo in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (am) at issue. 2. The claim of the plaintiff in the action is $ 2,893.17 plus interest and costs of suit The counterclaim of the defendant in the actiob is 0 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, MA?2 R R S, E I E ORDEROFCOURT Attorney for Plaintiff AND NOW, '19 , in consideration of the foregoing petition, Esq., Esq., and actions) as prayed for. Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. CUMBERLAND MASONRY, INC., PLAINTIFF V. LEE BRUDER t/d/b/a BRUDER CONSTRUCTION, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-3588 CIVIL TERM ORDER OF COURT AND NOW, this 37-0 day of August, 2006, the appointment of Samuel L. Andes, Esquire, as chairman on the Board of Arbitrators in the above- captioned case, IS VACATED. William S. Daniels, Esquire, is appointed in his place. By the Edgar-B. Bayley, J. illiam S. Daniels, Esquire Court Administrator J :sal ASP I r Cl) ? N G ? l !sf .-y t -. 4 _ ? u_ o _7 O ? C ? . CUMBERLAND MASONRY, INCJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3588 CIVIL 19 Vs. LEE BRUDER, t/d/b/a BRUDER CONSTRUCTION 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: Marc Roberts, Esquire, counsel for the plaintiff/6fosAW in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. Theclaimoftheplaintiff intheactionis$ 2.893.17 plus interest and costs of suit The counterclaim of the defendant in the actiop is 0 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, MA ROBERTS, ESQUIRE ORDEROFCOgU?RT Attorney for Plaintiff AND NOW, 7 49 , in consi erasion of the foregoing pe•;•:"? % Ol 3 ? Esq., f Esq., and , Esq., am appointed arbitrators in the above captioned action (or actions) rayed for. By Court, P.J. ON Ila ?a Cumberland Masonry, Inc., Plaintiff VS. Lee Bruder, t/d/b/a Bruder Construction, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-3588 Civil Action - Law NOTICE OF EXHIBITS TO BE INTRODUCED AT ARBITRATION HEARING TO: Jeffrey T. Morris, Esquire Counsel for the Defendant 706 Rochester Road Pittsburgh, PA 15237 AND NOW, this 9th day of October, 2006, you are hereby notified that Plaintiff, Cumberland Masonry, Inc., intends to introduce the attached exhibits as evidence at the date and time established for the arbitration hearing in the above-captioned matter. The following documents are attached hereto and made a part hereof: (1) Exhibit A - Proposal with diagram, dated December 17, 2004, two (2) pages in length; (2) Exhibit B - Invoice #6785, dated May 12, 2005, one (1) page in length; (3) Exhibit C - Job Site Change order, dated April 27, 2005, one (1) page in length; (4) Exhibit D - Invoice #6827, dated June 8, 2005, one (1) page in length; (5) Exhibit E - Invoice #6795, dated May 12, 2005, one (1) page in length; (6) Exhibit G - Invoice #7260 and Stateme nt, dated October 5, 2006, two (2) pages in length; (7) Exhibit H - Suggested computation of Damages, one (1) page in length. Respectfully submitted, Iny J is M. Parrish, Esquire orney for Plaintiff Mw Office of Marc Roberts I.D. No. 200072 149 East Market Street York, PA 17401 (717) 843-1639 „r. M. 14123223262 P.1 P.1 DEC-'I7-2904 09:36 FROM C MERl *V MAS0NRY+ I (717) 77472267 Cumberland Masonry Inc. P.O. Box 678 Teiephoae: (717) 774-6666 New Cumberland, PA 17070 Fax: (717) 774-2267 PROPOSAL p, 9 s? ysIf ti ?z Bruder Construction Date: December 17, 2004 Lee Bruder Job Name: 19 Lucinda Ln, Mechanicsburg 1525 Buena Vista Street Phone: 412-401-7436 41 Pittsburgh, PA 15212 Fax: 412-322-3262 We hereby- submit sowifcations and estimatesfo Installation of 409 of (IT x 3T5") patio, 37 of (We x 7) slab at door, 71 of Brant porch and 88 of entrance walk as per attached drawing as follows: 1) We wM excavate the area to receive the new concrete. All excavated materials will be left on site.: All excavation and stone placement is figured to be done with motorized earth-moving equipment. Therefore, damaged areas in your yard that will need to be repaired at a coat not included this proposal should be expected. irs can be made by Cumberland Masonry Inc- at additional. cost to owners. 2) We will Sorm d pour the 09 of patio, 37 of slab, 71 of front porch, and 88 of entrance walk g of 4" of 4000-psi mesh on top of a 4" crushed stone base. Allconcrete colored with and lease at. Then the concrete will be stamped with a i pattern and sealed w 2 coats of co cial grade cure and sealant with non -slip additive. Note: Proposal cost based on unloading of oonareto trucks directly into work area along with covering concrete with insulated blankets for cold weather protection. If due to weather conditions work area will need to be enclosed to ensure proper curing, there will be added cost to owners Cumberland Masonry Inc. will not guarantee concrete defee#o due to insufficient temperatures. 3) We will take down all forms, clean up our work area, and backfill around the new patio. Raking, seeding, landscaping and caulldng of control and/or expansion joints are not included in the cost of this proposal unless otherwise specified. Note: This work may require a permit from the township. This proposal does not include permit fees. Please secure your permit before we start the work. Rock excavation and tree root removal are not included in costa of proposal- If heavy equipment and/or stump grinder is needed, it will be charged on time and material basis. The life of the tree cannot be guaranteed due to root removal. We'p A lg?heraby to fumith- material and labor acmrd' to the above specihoations for the sum of Five Thousand One Hundred Forty-three and 00/100 Dollars ($5,143.00) Option to install 140 affront sidewalk: Add $1,190:00 Payment to be made as fotlou?s: Fifty percent (50%) of total on the first day of work and the balance upon completion of the work stated above. Finance charges of 1.5% ier month will be applied to unpaid balance 30 days from the date of invoice. In addition, in the event non-payment and referral to an attorney or collection agency, you will be responsible to actual attorney fees incurred to collect any sums due. Proposed by- - ??Accdpted by: Walter *VGwh'fGeM=iU Date of Acceptaa . Ae" M' Accepted by: 11T-451e? REG'D APR 5 J Print Name & Ti If this proposal is accepted please sign, date, and return one copy to the above address. This proposal may be withdrawn if not accepted within Sixty (60) days. Thank you for the opportunity to quote this job. EXHIBIT A Invoice Cumberland Masonry, Inc. P. 4. Box 678 New Cumberland, PA 17070 P11011C; (717} 774-6565 if BILL TO Bruder Construction Lee Bruder 1525 Buena Vista Street Pittsburgh, PA 15212 JOB LOCATION/DESCRIPTION 19 Lucinda Lane Mechanicsburg, PA DATE INVOICE # 5/0/2005 6785 '-112 l zczz- PHONE 1412-401.7436 I P.O. NO. I TERMS I PROJECT 121704 [ Due on rec:eip L QUANTITY DESCRIPTION RATE AMOUNT 1 Installation of 409 sf patio, 37 sf slab, 71 sf front porch, 5,143.00 5,113.00 and 88 sf entrance walk as per signed contract i Finance chw ges of 1.6% per month will be applied Lo unpaid balance Total 30 clays fro the. date of invoice. J$4 9G. D EXHIBIT B Cumberland Mason P.O. Box 678 New Cumberland, PA 17070 Bruder Construction Lee Bruder 1525 Buena Vista Street Pittsburgh, PA 15212 Inc. Telephone: (717) 774-6565 Fax: (717) 774-2267 JOB SITE CHANGE ORDER ZJ D ° D Date: April 27, 2005 Job Name: 19 Lucinda Ln, Mechanicsburg Phone: 412-401-7436 Fax: 412-322-3262 We hereby request authorization for the follouring changes: 1) Delete 27 sf from 140 sf sidewalk (option) at driveway as per attached drawing. - $229.00 2) Add 57 sf to adjoin patio and pad at door as per attached drawing. + $485.00 3) Add 194 sf to rear patio with 29 lineal feet having an 18" turn down for step supports as per attached drawing. +$2048.OU Change order amount: $ 2304.00 I need this signed and fazed back ascw to order colors. I met with Jim 4127105 na, 9:30 am and he requested these chances. I caned him at 12:15 om with price and he said to do it, and fax change order to Lee. Amy questions call Jim. Proposed by: Approved by: -16KZil Cumberland Ma I c. Representative Signature Date Approved: Approved by: Print name & title Paument to be made in accorgance with previous agree d upon contract terms. Please sign and return copy to our office via fax or US mail. EXHIBIT C Invoice Cumberland Masonry, Inc. P. O. Box 678 v' New Cumberland, PA 17070 6 ?' off' D Phone (717) 774-6565 BILL TO Bruder Construction Lee Bruder 1525 Buena Vista Street Pittsburgh, PA 15212 JOB LOCATION/DESCRIPTION 19 Lucinda Lane Mechanicsburg, PA PHONE DATE INVOICE # 6/8/2005 6827 I P.O. NO. I TERMS I PROJECT I Due on receipt QUANTITY DESCRIPTION RATE AMOUNT 1 Option to install 140 sf front sidewalk as per signed 1,190.00 1,190.00 contract 1 Add 57 sf to adjoin patio and pad, and 194 sf to rear 2,304.00 2,304.00 patio with 29 lineal feet as per signed job site change order Finance ch ges of 1.5% per month will be applied to unpaid balance Total 30 days fro the date of invoice. $3,494.00 EXHIBIT D Cumberland Masonry, Inc. P. O. Box GIs New Cumberland, 13A 17070 PliC)nc: (717) 774-6565 BILL TO Bruder Construction Lee Bruder 1525 Buena vista Street Pittsburgh, PA 15212 JOB LOCATIONIDESCRIPTION 19 Lucinda Lane Mechanicsburg, PA Invoice DATE INVOICE # 5/12/2005 6705 PHONE 1412.401-7436 P.O. NO. I TERMS I PROJECT Due on receipt QUANTITY DESCRIPTION RATE AMOUNT 1 Extra time and material for one 3'x X x 3' mailbox pad 195.00 195.00 1 I Pour and finish two 4' X 4' air conditioner pads 175.00 175.00 Finance ch ges of 1.5% per month will be applied to unpaid balance Total 30 days fro the date of invoice. $370.OC EXHIBIT E 10/05/2006 11:22 7177742267 CUMBERLAND MASONRY PAGE 02/03 Invoice Cumberland Masonry, Inc. P. O. Box 678 New Cumberland, PA 17070 Phone (717) 774-6565 BILL TO Bruder Construction Lee Bruder 1525 Buena Vista Street Pittsburgh, PA 15212 JOB LOCATION/DESCRIPTION 19 Lucinda Lane Mechanicsburg, PA Due on receipt QUANTITY DESCRIPTION RATE AMOUNT Finance Charges on Overdue Balance (finance charges 195.72 195.72 from 03106/06 - 10/05/06) Finance cha ges of 1.5% per month will be applied to unpaid balance Total 30 days fro the date of invoice. $195.72 PHONE DATE INVOICE # 10/5/2006 7260 412-401-7436 I P.O. NO. I TERMS I PROJECT EXHIBIT G 10/05/2006 11:22 7177742267 CUMBERLAND MASONRY PAGE 03/03 Cumberland Masonry, Inc. P. O. Box 678 New Cumberland, PA 17070 Phone (717) 774-6565 Customer: Sruder Construction. Lee Bruder 1525 Buena Vista Street Pittsburgh, PA 15212 Statement DATE 10/5/2006 AMOUNT DUE $2,309.75 DATE TRANSACTION AMOUNT BALANCE 05/05/2005 Balance forward 0.00 05/06/2005 INV #6785. Due 05/06/2005. 5,143.00 5,143.00 05/06/2005 PMT #2263. -2,500.00 2,643.00 05/12/2005 INV #6795. Due 05/12/2005. 370.00 3,013.00 06/08/2005 INV 46827. Due 06/08/2005. 3,494.00 6,507.00 07/22/2005 PMT #2349. -2,643.00 3,864.00 10/31/2005 PMT #2413. -2,000.00 1,864.00 03/07/2006 INV #FC 121. Due 03/07/2006. Finance Charge 250.03 2,114.03 10/05/2006 INV #7260. Due 10/05/2006. 195.72 2,309.75 CURRENT 1-30 DAYS PART [IF 31-60 DAYS PAsT ni IF 61-90 DAYS PART Dl IF OVER 90 DAYS PAST QI IF AMOUNT DUE 195.72 0.00 0.00 0.00 2,114.03 $2,309.75 Please remit payment immediately. Finance charges will be accessed from date of outstanding invoices if payment is not received within 15 days. Cumberland Masonry Inc. V. Lee Bruder t/d/b/a Bruder Construction Suggested Computation of Damages Item Balance due and owing July 22, 2005 Financing charge, 8/2005-10/2005 Payment made by Defendant, 10/2005 Credit for reduction of work as per change order 3/7/2006 Finance charge (11/05 - 3/06) 10/5/2006 Finance charge (4/06-10/06) Attorneys Fees - District Magistrate Filing Fee - District Magistrate Constable Fee Filing Fee - Appt of Arbitrator $195.72 $250.00 $117.00 $25.00 $15.00 Attorneys Fees - Arbitration $250.00 TOTAL $2,911.63 Amount $3,864.00 $173.88 ($2,000.00) ($229.00) $250.03 EXHIBIT "H" Cumberland Masonry, Inc., Plaintiff VS. Lee Bruder, t/d/b/a Bruder Construction, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-3588 Civil Action - Law CERTIFICATE OF SERVICE I, Julia M. Parrish, attorney for the Plaintiff, hereby certify that I have on the 9th day of October, 2006, served the attached Notice and exhibits by first class mail, postage prepaid, upon the persons and to the addresses indicated below: Jeffrey T. Morris, Esquire Counsel for Defendant 706 Rochester Road Pittsburgh, PA 15237 Ju 'a M. Parrish, Esquire A orney for Plaintiff Law Office of Marc Roberts I.D. No. 200072 149 East Market Street York, PA 17401 (717) 843-1639 r• ? - _ <? ??.j .? ,' .. ?_ ?., "T ?..? ?.. ?,:. ? _ ..., ? ,'r G :1 y' ::.{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., Plaintiff, V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. CIVIL ACTION - LAW No. 2006-3588 TYPE OF PLEADING: SUGGESTION OF BANKRUPTCY Filed on Behalf o£ LEE BRUDER doing business as BRUDER CONSTRUCTION COMPANY, Defendant Counsel of Record: Jeffrey T. Morris, Esquire PA ID #31010 MORELLA & ASSOCIATES A Professional Corporation 706 Rochester Road Pittsburgh, PA 15237 (412) 369-9696 Phone (412) 369-9990 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., Plaintiff, V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. SUGGESTION OF BANKRUPTCY TO:PROTHONOTARY Defendant, Lee Bruder individually and trading and doing business as Bruder Construction Company, through his counsel, Morella & Associates, a Professional Corporation and Jeffrey T. Morris, Esquire, file this Suggestion of Bankruptcy of Defendant, Lee Bruder doing business as Bruder Construction Company, has filed a petition for relief under Title 11, United States Code, in the United States Bankruptcy Court for the Western District of Pennsylvania, which bears the case number 06-25666, in reference to Docket No. 2006-3588. A copy of the Notice of Bankruptcy Case Filing is attached as Exhibit "A". Dated: November 13, 2006 Respectfully submitted, MORELLA & ASSOCIATES 01, 2' y orris, Esquire or Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this 13"' day of November, 2006, I served a true and correct copy of the within Suggestion of Bankruptcy, upon the following, via U. S. First Class Mail at the address below: Marc A. Roberts, Esquire 149 E. Market Street York, PA 17401 Counsel for Plaintiff Je4 . T orris, Esquire N ?? +? ?? 1 r;: ?; =?z -.?. --? c=' s ? ?r' -? s-r- , ? ,_ ,,(?. _:._?. ` J _..- l _ ....... C- ? _ ? ? - L1;?: twl '?" CUMBERLAND MASONRY, INC., PLAINTIFF V. LEE BRUDER t/d/b/a BRUDER CONSTRUCTION, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-3588 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2006, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and William S. Daniels, Esquire, Chairman, shall be paid the sum of $50.00. By the Court, Edgar B. Bayler,, J. William S. Daniels, Esquire -- 0& Court Administrator -0 L 'U :sal ??Q J 3 ;"-' Uj - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., Plaintiff, VS. LEE BRUDER individually and trading and doing business as BRUDER CONSTRUCTION COMPANY, Defendant. CIVIL DIVISION No. 2006-3588 TYPE OF PLEADING: PETITION FOR LEAVE TO WITHDRAW APPEARANCE AS COUNSEL FILED ON BEHALF OF: Defendant, Lee Bruder d/b/a Bruder Construction COUNSEL OF RECORD: Jeffrey T. Morris, Esquire PA ID No. 31010 MORELLA & ASSOCIATES A Professional Corporation 706 Rochester Road Pittsburgh, PA 15237 (412) 369-9696 Phone (412) 369-9990 Fax IL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., CIVIL DIVISION Plaintiff, No. 2006-3588 V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. PETITION FOR LEAVE TO WITHDRAW APPEARANCE AS COUNSEL Morella & Associates, A Professional Corporation, and Jeffrey T. Morris, Esquire current counsel of record for Defendant herein, files this Petition for Leave to Withdraw Appearance as Counsel and state as follows: 1. Morella & Associates and Jeffrey T. Morris, Esquire have been engaged as counsel on behalf of Defendant in this action. 2. As a recent development in these matters, Defendant and retained counsel have had a number of differences of opinion regarding issues of expenses and billing. 3. As a result of these differences, the relationship between counsel and Defendant has become strained to the point where counsel finds himself continually in an adversarial posture with Defendant, which is not conducive to an ongoing attorney-client relationship. 5. Defendant will not be prejudiced in any way if counsel is granted leave to withdraw his appearance as counsel. WHEREFORE, Morella & Associates and Jeffrey T. Morris, Esquire request leave to withdraw their appearance as counsel on behalf of the Defendant herein. Respectfully submitted, MORELLA & ASSOCIATES, A Professional Corporation By: / ill J orris, Esquire e f r Defendant CERTIFICATE OF SERVICE I hereby certify that on this 11th day of April, 2007, 1 served a true and correct copy of the within Petition for Leave to Withdraw Appearance as Counsel, upon the following, via U. S. First Class Mail at the address below: Marc A. Roberts, Esquire 149 E. Market Street York, PA 17401 Counsel for Plaintiff Mr. Lee Bruder Bruder Construction 1525 Buena Vista Street Pittsburgh, PA 15212 f Morris, Esq. CUMBERLAND MASONRY, INC. VS. LEE BRUDER, t/d/b/a BRUDER CONSTRUCTION IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3588 CIVIL 19 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: Marc Roberts, Esquire, , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 2, 8 9 3. 17 p l u s -.in t ere s t and co s t s o f s u i t The counterclaim of the defendant in the action is 0 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, MARC R E TS, ESQUIRE ORDER OF COURT Attorney for Plaintiff AND NOW, foregoing petition, 19 , in consideration of the Esq., Esq., and , Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, P.J. Aq. CUMBERLAND MASONRY, IN THE COURT OF COMMON PLEAS OF I N C . : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3588 CIVIL 19 VS. LEE BRUDER, t/d/b/a BRUDER CONSTRUCTION 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: Marc Roberts, Esquire, , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 2 , 893. 17 plus interest and cos t s of s u i t The counterclaim of the defendant in the action is 0 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, MARC RJ E TS, ESQUIRE ORDER OF COURT Attorney for Plaintiff AND NOW, a 'f , ?06 , in consideration of the foregoing petition, (- 7 Esq., Esq., and cs?- , Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By p Court, A ( ij\1 may{. P.J. V Cop ? 5r "lop . if vi- -:CZ I?j I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., CIVIL DIVISION Plaintiff, No. 2006-3588 vs. LEE BRUDER individually and trading and doing business as BRUDER CONSTRUCTION COMPANY, Defendant. TYPE OF PLEADING: AMENDED PETITION FOR LEAVE TO WITHDRAW APPEARANCE AS COUNSEL FILED ON BEHALF OF: Defendant, Lee Bruder d/b/a Bruder Construction COUNSEL OF RECORD: Jeffrey T. Morris, Esquire PA ID No. 31010 MORELLA & ASSOCIATES A Professional Corporation 706 Rochester Road Pittsburgh, PA 15237 (412) 369-9696 Phone (412) 369-9990 Fax I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., CIVIL DIVISION Plaintiff, No. 2006-3588 V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. AMENDED PETITION FOR LEAVE TO WITHDRAW APPEARANCE AS COUNSEL Morella & Associates, A Professional Corporation, and Jeffrey T. Morris, Esquire current counsel of record for Defendant herein, files this Amended Petition for Leave to Withdraw Appearance as Counsel, and states as follows: 1. Morella & Associates and Jeffrey T. Morris, Esquire have been engaged as counsel on behalf of Defendant in this action. 2. As a recent development in these matters, Defendant and retained counsel have had a number of differences of opinion regarding issues of expenses and billing. 3. As a result of these differences, the relationship between counsel and Defendant has become strained to the point where counsel finds himself continually in an adversarial posture with Defendant, which is not conducive to an ongoing attorney-client relationship. 5. As of this date, no Judge has ruled upon any other issue in the same or related matter. 1 6. On or about May 3, 2007 counsel for Defendant contacted opposing counsel and confirmed by the letter attached that opposing counsel has no objection to the within Petition for Leave to Withdraw as Counsel. A true and correct copy of the letter dated May 3, 2007 is attached and marked as Exhibit "A". 7. Defendant will not be prejudiced in any way if counsel is granted leave to withdraw his appearance as counsel. WHEREFORE, Morella & Associates and Jeffrey T. Morris, Esquire request leave to withdraw their appearance as counsel on behalf of the Defendant herein. Respectfully submitted, MORELLA & ASSOCIATES, A Professional Corporation By: eMay. 4. 2007010;11*j-z---xLaw Office of Marc Roberts=A-w - No. 7190 P. 2/2"` ] pR 'Y J. U0)IP•T.I-A* ]a.bl? F GL'NNXt?RITA?I • ]vU? T. tLt.G?l? LT. NORM* ((P,.RFCCA q,WTTdC;L MORJU,::?-L\ NATHAN !1. GT.ARK X 5$ C? C 1 A '.i' F c.?Rty n wr:1?X.R M..%Rc A. BROOK% r ? c h r r s, ? t? N e i C O Q ? t A- RtiSjjR7 A. XIMM S(fER1C?' W. MUWY AORIN t? RAILIP. May 3, 2007 VIA FACSDME & U. S. FIRST S MAIL Mae A. Roberts, Esquire 149 E. Market Street York, PAS 17401 Re: Cumberland Iylasanr?t, ?c v. Studer d/b uA?e -588 coon Court of Common Pleas of Cumberland Co., No. Dear Mr- Roberts: pursuant to your recent telephone convex ation with Michelle Adeisberger of this office. tbis letter will chTSIrm that As counsel for P18 M ff you do not oppose our Petition for Leave to Withdraw Appearance as Counsel on behalf of Defendant, i.n the above- referenced matter. There .0-re, please ackfaowledge your aweptame of the above terms below, where indicated, puns =t to the roque$t of the Court Administrator of Cumberland County, and in keeping with Local Rule 2083(a). Please return this signed original acknowledgement to my attention for processing with the Court. Should you have any questions, please do not hesitate to contact me. Very truly yours, e . Morris 410 JTM:mam ACCEPTED AND ACKNOWLEDGED: $y: Marc A. Roberts, Esquire Attorney for Plaintiff, Cumberland Masonry, Inc. Dated: 3 07 EXHIBIT o L A >r I,.,.ryr?/?.w•: ! :dadrpl 7ije-medmmyrj?r:vh I -FulIX • l: ?..m tier, :.. in h •1 rhl It'" WIVa.?Y1AtC??al:?u•.t?/1Y1 _. - 706Et0=, STUR RQAA • P1TI'SBURGK .P.A 15237 • Pj4.0NE; (412) 3G9-96%. • FAX: (422) 369-99% CERTIFICATE OF SERVICE I hereby certify that on this day of May, 2007, 1 served a true and correct copy of the within Amended Petition for Leave to Withdraw Appearance as Counsel, upon the following, via U. S. First Class Mail at the address below: Marc A. Roberts, Esquire 149 E. Market Street York, PA 17401 Counsel for Plaintiff Mr. Lee Bruder Bruder Construction 1525 Buena Vista Street Pittsburgh, PA 15212 ?Vj'-V// C114,7z-;1?L e . Morris, Esq. g- ,) ? .i c_:s _ ?) ?? ? r _ ? `? ' .. ?i?2 t,?_; a ?. APR 16 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND MASONRY, INC., CIVIL DIVISION Plaintiff, No. 2006-3588 V. LEE BRUDER d/b/a BRUDER CONSTRUCTION, Defendant. ORDER OF COURT NOW, this _ day of M->=) , 2007, upon consideration of the Petition for Leave to Withdraw as Counsel advanced herein, it is hereby ORDERED, ?- C7A w(„;t;ff ADJUDGED and DECREED that a Rule is issued against Defendant to show cause why ti Morella & Associates and Jeffrey T. Morris, Esquire, should not be granted leave to withdraw as counsel on behalf of Defendant in this matter. Said Rule is returnable in twenty SGrutc.e. (20) dates of th° at a?^_a R BY THE COURT: ','? art C J • 1 1 '- uJ CZ i`3 L'j'J CUMBERLAND MASONRY, INC., PLAINTIFF V. LEE BRUDER t/d/b/a BRUDER CONSTRUCTION, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-3588 CIVIL TERM ORDER OF COURT day of June, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and John M. Eakin, Esquire, Chairman, shall be paid the sum of $50.00. v John M. Eakin, Esquire Court Administrator sal mot' ? (aa' Io?r DKB N co N 0 CUMBERLAND MASONRY, INC., PLAINTIFF V. LEE BRUDER t/d/b/a BRUDER CONSTRUCTION, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-3588 CIVIL TERM ORDER OF COURT -27 day of June, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and John M. Eakin, Esquire, Chairman, shall be paid the sum of $50.00. v John M. Eakin, Esquire Court Administrator :sal copyIOKB c,j f?s c r- , .: 0 D- d ? N