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HomeMy WebLinkAbout94-02673 '- , '~,t ~ d . f ~ I . I . , [I k'l ~'I I / '( ..~I tl..:,.\l '\, .! . . h. I , I . 'J .' " \ I ! i. \. I .. " : 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. .. i . 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 I I , , I, I: . 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 I , ~ 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 ." 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 ~ -:r en ,..... " . = .. . c.- , .'1 'J C->") C'"'l Ul .. o<l: . , ~ ~ o-l . '" . u :z Q) u Z :z Z>< E-o Z H ~ < O~o<l: H ;l; ~;:JH ~ . ffi ::> 0 -.-I . 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