HomeMy WebLinkAbout94-02673
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HAROLD H. HOGG, INC.
No. C}i./ -,J(p 13 cwJ ~
vs.
GENEVA PROPERTIES, INC.
TO THE PROTHONOTARY:
Please enter judgment on the Award of the Arbitrators of
the American Arbitration Association dated May 17, 1994, in the
amount of ONE HUNDRED NINETY-SIX THOUSAND THREE HUNDRED FORTY-
FOUR AND NO/100 ($196,344.00) DOLLARS, plus costs.
Against:
GENEVA PROPERTIES, INC.
c/o Matt Corporation
P. O. Box 901
1200 Camp Hill By-Pass
Camp Hill, PA 17011
and in favor of:
HAROLD H. HOGG, INC.
2350 Springwood Road
York, PA 17402
Albert G. Bl k y, Esquire
Supreme Ct. #07486
BLAKEY, YOST, BUPP & SCHAU ANN
Attorneys for Plaintiff
17 East Market Street
York, PA 17401
Telephone (717) 845-3674
May 19, 1994
.. .
JlMBRICAN ARBITRATION ASSOCIATION
CONSTRUCTION ARBITRATION TRIBUNAL
In the Matter of the Arbitration between
RE: 14 110 0409 92 D/K
GENEVA PROPERTIES, INC.
AND
HAROLD H. HOGG, INC.
AWARD OF THE ARBITRATORS
WE, TIlE UNDERSIGNED .'\RBITRATORS, h"ving been designated ill
accordance with the arbitration agreement entered into by the
above-named parties, and dated May 7, 1992, and having duly heard the
proofs and allegations of the parties, AWARD as follows:
1. The claim of GENEVA PROPERTIES, INC., hereinafter referred to as
CLAIMANT, against HAROLD H. HOGG, INC., hereinafter referred to
as RESPONDENT, is denied.
2. The counterclaim of RESPONDENT against CLAIMANT io allowed in
the amount of $196,344.00 inclusive of $3,741.00 intereot on
that portion of Invoice #1 which is included in this Award.
3. The administrative fees of the American Arbitration Association
totaling $7,700.00 shall be borne equally by the parties and
paid as directed by the Association. Therefore. CLAIMANT
shall pay directly to RESPONDENT the sum of $300.00 for that
portion of their one-half share of the adminiotrative feeD
previously advanced by RESPONDENT to the Association. CLAIMANT
shall pay to the American Arbitration Association the Dum of
$2,100.00 for the balance of the administrative feeD still
due the Association.
4. The administrative expenses of the American Arbitration
Association totaling $62.00 shall be borne by RESPONDENT and
p,lid as dh-ected Ly the Associacioll. Therefure, REllI'Ot/IlEN'r
shall pay to the American Arbitration Association the Dum of
$62.00 for the administrative expenses otill due the
Association.
5. The arbitrators' fees and expenses totaling $9,004.40 shall be
borne equally by the parties and paid as directed by the
Association. Therefore, CLAIMANT and RESPONDENT shall each pay
to the American Arbitration Association the sum of $3,627.20 for
that portion of their one-half share of the arbitratoro' fees and
expenses still due the Association.
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6. This Award is in full settlement of all claims submitted to
this arbitration by either party, one against the other.
7. This Award may be executed in any number of counterparts, each
of which shall be deemed an original, and all of which shall
constitute together one and the same instrument.
DATEDS-/7 -~;j
n"':Jl~ ],,"'~
. SIDNEY. MYER;f
/sf1fiJ/.)!f~~ J'
/ ....t. JOlIN LEWIS
~14m(/tL;jJ'ff,e/IJIt;.J
/-4 SAMUEL B~SKMAN
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6. This Award is in full settlement or all claim. .ubmitted to
this arbitration by either party, one again.t the other,
7. This Award may be executed in any number at counterparta, each
of which shall be deemed an original, and all at which ahall
constitute together one and the aame inatrument.
SAMUEL BRKS
~m~7~7f
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6. This Award is in full settlement of all claims submitted to
this arbitration by either party, one against the other.
7. This Award may be executed in any number of counterparts, each
of which shall be deemed an original, and all of which shall
constitute together one and the same instrument.
IJ,/J/i)/vo/!;Jn#~'
(--2 SIDNEY. S'
,.
DATED'S: /7-i'l
,r.4#~/t:1lf J'/17J#;0'1
S L B SKMAN
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DATED~ II; /91(
copy of the
This will certify that this is a true and
Award rendered by the Arbitrators in this
E J. MARCONI
e Administrator
.
ALL THAT CERTAIN condominium unit situated in Brighton
Place, a Condominium (the "Condominium"), Mechanicsburg, Upper
Allen Township, Cumberland county, Pennsylvania, designated as
unit No. 533 in the Declaration of Condominium, dated October 11,
1990, recorded October 12, 1990, in Cumberland County Misc. Book
388, page 265, and the Plats and Plans dated october 11, 1990,
recorded October 12, 1990, in Cumberland County Plan Book 61,
Page 93, as further amended by Amendments and Plans filed
subsequent to the original filing, the latest of which prior
hereto was the sixth Amendment to Declaration of Condominium of
Brighton Place, a Condominium, dated and recorded February 8,
1994, in the Office of the Recorder of Deeds of Cumberland county
in Misc. Book 465, Page 1040, and Plat and Plans recorded in Plan
Book 67, Page 84, under the provisions of the Uniform Condominium
Act of the Commonwealth of Pennsylvania (Act of July 2, 1980,
P.L. 286, No. 82) (the "Act").
TOGETHER with an undivided interest in the Common Elements
as more particularly set forth in the Declaration and the
Declaration Plans.
EXHIBIT A
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