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HomeMy WebLinkAbout95-05249 , ~ . d' ~ ~ , ~ J ~ 4i i I \}o.. ')-. '" ~ , . \..., \).., f 'fU.f.S,ll^T^,lI.1:~a:NI)(x"f,,_\1I).Pll^ I t'ml:dQQ1"''''\OlI027rM Rnued 1(}Ul-~\OlOHIPM SPLIT STEEL ERECTORS. LTD., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C/S - 5') 41 tLl~'-t.. T-(/...~...... CIVIL ACTION - LAW v. McCOY BROTHERS. INC.. Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to the Uniform Foreign Money Judgments Act. 42 P.S, ~22001 et. seq.. and the Uniform Enforcement of Foreign Judgments Act, 42 Pa, Cons. Stat. ~ 4306. kindly file and index the attached authenticated and certified docket entries and judgment entered in The Queen' s Bench Court of the Judicial Centre of Saskatoon, Province of Saskatchewan. Canada, in an action captioned Split Steel Erectors. I.td v McCoy Brothers Inc., No. 1155 of A.D. 1995. and assess damages in favor of the Plaintiff, Split Steel Erectors. LId" and against the Defendant, McCoy Brothers. Inc. as follows: Amount of Foreign Judgment (in U,S, dollars) Interest from July 14. 1995 $25.122.97 $32241 $25,445,38 Total: MARTSON, DEARDORFF. WILLIAMS & OTTO By L', ,'1,,-""'- ~.?,-, \ \ W, Darren Powell. Esquire \ Ten East High Street Carlisle. PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff. Split Steel Erectors. Ltd Date: October 2. 1995 Damages assessed and judgment entered as above .:I._w.z.. /...e,- f. J:Kib,.,b- ,-Irbihonotary - . ~ ~ QB. NO. 1155 A.D. 1995 IN THE COURT OF (;(lEEN I S BENCH FCR SA5KATCHEWA.~ JUDICIAL CENrRE OF SASKATOON BE'lWEEN: Split Steel Erectors Ltd. PLAINl'IFF -and- McCoy Brothers Inc. DEFENDANl' CERTIFICATE I, Cindy Ritchie ,of the City of Saskatoon, in the Province of Saskatchewan, Deputy Local Registrar of the Queen's Bench Court of the Judicial Centre of Saskatoon, 00 HEREBY CERTIFY that the hereunto attached copy of the Queen's Bench Docket is a true and correct copy in every respect of the original Queen's Bench Docket of which it purports to be a copy and that the said original Queen's Bench Docket is on file in the records of this Honourable Court. GIVEN under my hand and the seal of the Queen's Bench Court, at the City of Saskatoon, in the Province of Saskatchewan, this 18th day of septen'ber A.D. 1995 . ;,~U> Deputy Local Registrar Queen's Bench Court Judicial Centre of Saskatoon . , ~ """ QUEEN'S BENCH PROVINCE OF SASKATCHEWAN ** SASKATOON ** Judicial Centre 0' No. Style 01 Action QB1l55/95 _____._.d__"______n_____ ._... (SC) SPLIT STEEL ERECTORS - ._. -..-., ---- LTD. -.-_.- -- ** vs ** MCCOY IlROTIIERS I HC. . Pope, 0' Pleading Filed 0' P,oceeding raken Solicilorlo, Amount When Filed Piainliff 0' 01 F_ . 0< rakan Delendant Claim G '" S ~<:- -:-~"".L :f~w~~ Quol~ (' ~~ !)J.(, 0'11./0 ,~ r J ~n.ft,~ e.v~f~ 3SV.v...... .~ 33}'70g.'7L /./f.v(c- Or..! - "",)1+t/c..... ,~- ~ 1 :r--J ._"-r 24041.10 75.00 04/13/95 STOOSHIN ~2i~ ~1'fI'1r - la~ - Ie. 00 t4'"iJ"/'is.S?wn", . ~ '. ".\':\- CAN A D A Q.B. NO. 1155 of A.D. 1995 PROVINCE OF SASKATCHEWAN IN THE QUEEN'S BENCH JUDICIAL CENTRE OF SASKATOON BETWEEN: SPLIT STEEL ERECfORS LTD. PLAINTIFF AND: McCOY BROTHERS INC. DEFENDANT JUDGMENT IN DEFAULT OF DEFENCE IN CASE OF LIQUIDATED DEMAND AND CERTIFICATE OF TAXATION OF COSTS The 11.\ t!- day of '1 \,\.\~ . 1995. The Defendant not having delivered any defence to the Statement of Claim herein, It is this day adjudged that the P1aintilT recover against the Defendant $24,041.10 and costs to be taxed. C. RITCHIE DEPUTY LOCAL REGISTRAD Local Registrar The above costs have been taxed and allowed at $ 3 50. 0 D of July, A.D. 1995. ,this H t~ day Claim: Interest Costs: $24,041.10 9,511.62 350.00 ~\it ""S ~O ",,,,-, \l"'~~ '( t. O~,G', l t\>'l Ct Of, "", ~ . I' . , "'t:l.lt cOt''l '- t . . ~ "I J '\ t\)..\. ,~.'" TOOl!: c, RITGH~: orrUTY l,-'(;,~l td" <-1-".'" ,..... J oU"t Local Registrar CERTIFICATE OF SERVICE I hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle. P A. first class mail. postage prepaid. addressed as follows: McCoy Brothers. Inc. General Contractors 217 Pine Road P.O. Box "on Mt. Holly Springs. PA 17065 MARTSON. DEARDORFF. WILLIAMS & OTTO By-1 \. \ . ;) CL....'-, p~- h W, Darren Powell, Esquire Ten East High Street Carlisle. PA 17013 (717) 243-3341 Attorneys for Plaintiff Split Steel Erectors. Ltd. Dated: October 2. 1995 "III.I,SPAIAllIlt,I:NllOf"'U''"O All II"" '.IC.IIftIO\lZ...."01111Z.r..' Iln'\~' II)O~I,l\0101Wr..' SPLIT STEEL ERECTORS. L TO. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO, q S - :)2-4-1 tu'l.( Tc,q ....' CIVIL ACTION - LAW v, McCOY BROTHERS. INC. Defendant AFFIDA VIT I. W, Darren Powell. Esquire, being duly sworn according to law. deposes and says that I am the attorney for Plaintiff. Split Steel Erectors. Ltd,. and an authorized to make this Affidavit on its behalf; and that. to the best of my knowledge. information and belief: L The name of the judgment debtor is McCoy Brothers. Inc, 2, The last known post office address of the judgment debtor is 217 Pine Road. P.O, Box "D", Mt Holly Springs. PA 17065, 3, The name of the judgment creditor is Split Steel Erectors. Ltd, 4, The last known post office address for the judgment creditor is 442 Walkaw Court. Saskatoon. Saskatchewan S7J 4H4, 5, The address of Affiant, attorney for judgment creditor. is 10 E High Street. Carlisle, PA ]7013. 6, The judgment in favor of Plaintiff. Split Steel Erectors, Ltd.. and against Defendant McCoy Brothers. Inc,. entered in the total sum of$33.908,22 in The Queen's Bench Court of the Judicial Centre of Saskatoon. Province of Saskatchewan. Canada is valid. enforceable. and unsatisfied as of this date, MARTSON, DEARDORF\jLlAMS & OTTO ByJ ,-,1---,-, , -'_. \\ W Darren Powell. Esquire Ten East High Street Carlisle. P A ] 70 13-3093 (717) 243-3341 Attorneys for Plaintiff. Split Steel Erectors, Ltd Date October 2. 1995 SWORN TO and subscribed before me thi1~d d~, y ofOc ber 1995 \\...!LA..Ut '!'IlIA- N;;.;;:..ublk . ~ .... . '. T -OIL ,.,1 ., ." r f',,-~ , _..4,' _, ..' ,'>-, , , 'N"" :'. . ..' Notes: If real property, supply six copies of description including inprovements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~~ CJ :\ ' --' ~ ,. ..... ..... ,., ll. v, ~ VI ~ ~, r. l, ~ ( '. ~ ~ c.. C .~ [ \ ". ..... ,,, c C ::...- ~ ~ , ~ <L' , , .." ,ll{ .~ . . . @ R.Soophotl_,I..,.,. A....., 1.0, No, 1m' RHOADS A SINON an. _ MIItcl S/fIaR, 12d11'ku '.0, 8ol1146 11_., PA 1111)1,1146 Aamneys r... Dcfcndn.Paalmer SPLIT STEEL ERECTORS. LTD,. Plaintiff-Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA v. No. 95-5249 Civil Action - Law McCOY BROTHERS. INC,. Defendant-Petitioner . " RULE AND NOW. this I ~ I day of llJ (, t ;." (~',1995:- a Rule is hereby issued upon Respondent. Split Steel Erectors. Ltd.. to show cause why the judgment entered by the prothonotary on October 2, 1995 should not be struck and/or vacated and set aside, Rule returnable J.[ days after service. By the Coun: /Jl <~I ( II--- J, UOY L ~u PH 195 . . "',.OfFlc' I ~ ,....' 1 \' '. \, 'I ,\:'\ 't CU",..., h' "..L' 1:11L:~"Y p{H~snl'iH;L ' R, SlqlhaI SbIU, r..,... A....., I.D. No, 19151 RIIOADS It SINON llno _ Marlet s.p.u., 12110 Floor P.O. Boa II" II........, PA 17I()I.1I.. AIIiDnq'I rOl Dcrmdn.PrUtlmcr SPLIT STEEL ERECTORS, LTD., Plaintiff-Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA v, No. 95-5249 Civil Action - Law McCOY BROTHERS. INC.. Defendant-Petitioner PETITION TO STRIKE AND/OR VACATE AND SET ASIDE JUDGMENT NOW COMES Defendant-Petitioner McCoy Brothers. Inc,. (hereinafter "Petitioner") by its anorneys, Rhoads & Sinon. and files the within Petition to Strike and/or Vacate and Set Aside Judgment. I, Plaintiff-Respondent Split Steel Erectors Ltd,. (hereinafter "Respondent") commenced this action by Praecipe on October 2. 1995 in order to transfer judgment to the Court of Common Pleas of Cumberland County. Pennsylvania against Petitioner for amounts allegedly due to the Plaintiff. 2, Respondent originally obtained a Judgment in Default of Defence in Case of Liquidated Demand and Certificate of Taxation of Costs in The Queen's Bench Court of the Judicial Centre of Saskatoon. Province of Saskatchewan. Canada. in an action captioned SDlit Steel Erectors. Ltd. v. McCov Brothers. Inc.. No. 1155 of A.D. 1995 on July 14. 1995, 3, Petitioner avers that the judgment which Plaintiff now seeks to enforce against Defendant under the Unifonn Foreign Money Judgment Act and the Unifonn Enforcement of Foreign Judgments Act is not entitled to full faith and credit for the reason thaI the Saskatchewan Coun lacked jurisdiction over the Petitioner and thus violated due process for the following reasons: (a) Petitioner was not physically present in the Province of Saskatchewan and was not personally served with any papers; (b) Pelitioner maintains no regular place of business in the Province of Saskatchewan; (c) Petitioner has nOI commilled any act or consummated any transaction in the Province of Saskalchewan; (d) Petilioner does nOI have the "minimum contacts" necessary for the Province of Saskatchewan 10 assen jurisdiclion over il; (e) Pelilioner has not appeared or consented to the jurisdiction of the Province of Saskalchewan couns, WHEREFORE. Pelitioner respectfully requeslS that this Honorable Coun issue a Rule to Show Cause why the judgment should not be stricken and/or vacaled and set aside. RHOADS & SINON By: (' )C' . / -(" -:-~:( )^"~\.~ h l-c- R. Stephen Shibla. Esq, One South Market Square P,O. Box 1146 Harrisburg. PA 17108-1146 (7 \7) 233-5731 Allomeys for Defendant-Petitioner McCoy Brothers. Inc. Dated: October 27, 1995 ..... vmIFICATION R:lbert C. Ganoe deposes and says, subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities, that he is the secretary of McCoy Brothers, Inc. and that the facts set forth in the foregoing Petition to Strike and/or Vacate and Set Aside Judgrrent are true and correct to the best of his knowledge, infuLllIation and belil:!f. - h:j.~c:4-- R:lbert C. Ganoe Secretary Date: 0..\, l~, \~"S' l\\~\~\'~- CERTIFICATE OF SERVICE I hereby certify that on this ~l~ day of October, 1995, a true and correct copy of the foregoing Petition to Strike and/or Vacate and Set Aside Judgment was served via first class mail upon the following: W. Darren Powell, Esquire MARTSON, DEARDORFF, WILLIAMS & 0170 Ten East High Street Carlisle, PA 17013-3093 ,,,., :n :-o- f.' - -- ~) 1 ~ ~~ f> , . ~ " F\FlLES\tJATAflLOOENtxX..'95\111O-ANS 1"Ltw C..... 09I2M'I0110 21PM Rewed Wl1~SI10129AM SPLIT STEEL ERECTORS. LTD.. Plaintiff - Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO, 95-5249 CIVIL TERM CIVIL ACTION - LAW McCOY BROTHERS, INC., Defendant - Petitioner ANSWER OF PLAINTIFF TO DEFENDANT'S PETITION TO STRIKE AND/OR V ACA TE AND SET ASIDE JlJDGMENT AND NOW. comes the Plaintiff. Split Steel Erectors. LTD. (hereinafter "Respondent"), by and through its attorneys, MARTSON. DEARDORFF, WILLIAMS & OTTO. and files the within Answer to Defendant McCoy Brothers, Inc.'s Petition to Strike and/or Vacate and Set Aside Judgment as follows: 1-2. Admitted. 3. Denied. It is denied that the judgment entered to docket No, 1155 of 1995 in The Queen's Bench Judicial Centre of Saskatoon, Saskatchewan. Canada (the "Saskatchewan Court") which Respondent seeks to enforce against Petitioner is not entitled to full faith and credit because the Saskatchewan Court lacked jurisdiction over the Petitioner and that due process was violated for the following reasons: (a) Respondent. after reasonable investigation. is without knowledge or information sufficient to form a belief as to the truth or falsity of Petitioner's assertion that Petitioner was not physically present in the Province of Saskatchewan. Canada. and strict proof thereof. if relevant. is demanded, However. by way of further answer. Petitioner's employees, servants. or agents. were. during times relevant hereto. physically present throughout one or more of the Provinces of Canada and were in frequent telephone and facsimile communication with Respondent in Saskatchewan. Likewise. it is denied that Petitioner was not personally served with "any papers" By letter dated April 18. 1995. a copy of the Statement of Claim and Notice To Defendants (the "Statement of Claim") filed to docket no, 1155 of 1995 in the Saskatchewan Court was forwarded to Petitioner by Nicholas StooshinofT. Respondent's attorney in Saskatoon, Saskatchewan, A copy of said April 18, 1995 letter is attached hereto and marked as Exhibit "A". Further, Petitioner was also served with the Statement of Claim by the Sherift's Office of Cumberland County, Pennsylvania on April 26, 1995. said service being evidenced by a Sherift's return, a copy of which is attached hereto and marked as Exhibit "B". Additionally, Petitioner, through its legal counsel in Saskatoon, Saskatchewan, Gauley & Co" by letter dated May 17. 1995, acknowledged Petitioner's service. A copy of said May 17, 1995 letter is attached hereto and marked as Exhibit "C". Similarly, Petitioner, through its Saskatchewan counsel, waived any objection based upon service by letter dated May 31, 1995, A copy of said May 31, 1995 letter is attached hereto and marked as Exhibit "0"; (b) Respondent, aller reasonable investigation. is without knowledge or infonnation sufficient to fonn a belief as to the truth or falsity of Petitioner's avennent that it does not maintain a regular place of business in the Province of Saskatchewan and strict proof thereof, if relevant. is demanded, By way of further answer, it is averred that, during the times relevant hereto, Petitioner regularly conducted business in Saskatchewan and other Provinces of Canada; (c) Petitioner has committed numerous acts and consummated numerous transactions in the Province of Saskatchewan and other Provinces of Canada, some of which are described in subparagraph (d) below, and which are hereby incorporated by reference as if specifically set forth herein; (d) Petitioner had sufficient minimum contacts with the Province of Saskatchewan. Canada. which entitled the Saskatchewan Court to exercise jurisdiction over Petitioner. As evidenced by the Statement of Claim, a copy of which is attached hereto and marked as Exhibit "E". the Saskatchewan Court's jurisdiction was based upon Queen's Bench Rules of Court No, 31(1)(F}(vi), and alternately No, 31( I )(F){i). Statement of Claim at paragraph II. By way of further answer. Petitioner was the general contractor on a project (the "Project") in British Columbia, Canada. Petitioner established the requisite due process minimum contacts with the Province of Saskatchewan as follows: Petitioner initiated contact with Respondent in Saskatchewan to inquire whcther Respondcnt would submit a bid to act as a sub-contractor on the Project; At the time Petitioner initiated said contact with Respondent, Petitioner knew it was contacting an entity located in Saskatoon, Saskatchewan; After initially contacting Respondent in Saskatchewan, but before entering into a sub-contract with Respondent, Petitioner for purposes of, inter alia, detennining the labor climate and negotiating such a sub-contract with Respondent, made frequent facsimile contacts (approximately 8-10 a week) and telephone contacts (approximately 8-10 a week) with Respondent in Saskatchewan (a copy of two such facsimile transmissions dated August 9, 1993 and September 3, 1993. as well as a letter dated October 6, 1993, are attached hereto and marked collectively as Exhibit "F I-FJ"); Petitioner entered into a sub-contract (the "Sub-Contract") with Respondent for base amount of approximately $67,027 (V,S,) on October 13.1992 in the Province of Saskatchewan; After execution of the Sub-Contract and throughout the period of thereof. Petitioner, on an a daily basis contacted Respondent in the Province of Saskatchewan via telephone and facsimile regarding changes, modifications, price changes, and/or additions to the Sub-Contract; Petitioner knew that such modifications, alterations and changes are common and are to be expected on these type of contracts and that such necessarily entail constant discourse and contact between the general contractor and a sub-contractor; Petitioner paid Respondent certain sums due to Respondent under the Sub-Contract to Respondent in the Province of Saskatchewan; Petitioner breached the Sub-Contract by failing to pay Respondent in the Province of Saskatchewan for worked perfonned under to the Sub-Contract; That subsequent to completion of the Project, Petitioner continued its contacts with Respondent and others involved in the Project for purposes of recovering the additional expenses incurred by Respondent as a result of another of Petitioner's sub-contractors on the Project. as evidenced by the December 6. 1994 correspondence attached hereto and marked as Exhibit "G"; Petitioner had sufficient ExhIbit A STOOSIIINOFFLA W OFFICE BARRISTER " SOLICITOR 970 . 4\ 0 22nd 51'001 Easl S..klloon, Saulchowan S7K sr6 NlchoIu J, SloOIhindf B.A. (HOIII.) u..B, u..M (Membot ofllle B,C, Bar) Tolephone: (306) 653.9000 Ruidence: (306) 2424073 FIJI: (306) 653.5284 April 18, 1995 McCoy Brothers Inc. Oeneral Cootractors 217 Pine Road P.O. Box ''0" ML Holly Springs, PA 17065 USA ATIENTI0N: Mr. Oreg Kuhn RE: Split Steel Erectors Ltd. v. McCoy Brothers Ine. Dear Mr. Kuhn: Further \0 my earlier conespolldence, please find enclosed herewith a Statement of Claim issued on April 13, 1995 in the Court of Queen's Bench, Judicial Centre of Saskatoon, Saskatchewan, Cfntdlll. commencing a civil lawsuit by Split Steel Ercctors Ltd. against McCoy Brothers loe. for a debt owing. McCoy Brothers Inc. is hereby served with process and judgment can and will be entered against McCoy Brothers loe. thirty (30) days after service, unless in the meantime, a Statement of Defense is served upon my office and a copy liIed with the Local Registrar of the Court of Queen's Bench, Judicial Centre of Saskatoon. In the event that a Statement of Defense is not liIed within thirty (30) days. then the court liIe will be noted for default of liIing a Stalement of Defence and a judgment will issue which will include the principal sum, interest and court costs. I expect you will wish 10 consult legal counsel; however, if you wish to discuss the matter at any EXHIBIT "A" ~ o ...J .v....,. . .u.......... #1ft liAULEY & LO. BARRISTERS AND SDLICITDRS W.B. FRANCIS, Q.C., lL,D, 092B.1964) 701 BROADWAY AVENUE P,Q. BOI638 SAllKATOON, SASKATCIlEWAN S7K 3L7 TELEPBONB: (306) 653.1212 CBANET TELECOPIER: (306) 652.\323 or 684<143\ O.E.GAULEY,Q.C,. P . FOLEY ,O,C" P .A,KELLY ,Q,C,' R,H,BEATlJj J,E,Sf:lBH E.T,HARHEL. S. R, SPEHCl:R H.J,BRAHHEH L.A, SCHAU H,H,DAHlEH.Q.C, W.J,SHAW R.G.KEHHEOY G.A.ZABDS I .A. SUTlOlAHD B,R.HILDEBRAHDT C.C,BOYCIU( P.A,QAY J,J,DIERKER,Q.C,. l.F.SElFERLING,Q,C. D,J,HcKEAGUE.Q,C. H,E,HOPKINS,Q.C. J.RUSSELL R,WIEBE O.H,APPLETON. S,L,TYNAH REGINA OffiCE 400 . .',01 II TIl AVE/jUE REGINA, 5A5KA1CIlEWAH 1,1P OJ8 TELEPIlONE (306) 3,2,1643 ENVOY 100 PA KEllY lELECOPIER (306) ,25,B499 "Resident 1n Regina ,Also of the Hanitoba Bar ,Also of the Alberta Bar REfER 10 WILLIAM J. SHAW Saskatoon Office May 17, 1995 DIRECT OIAl' STOOSHINOFF lAW OFFICE Barrister & Solicitor 970 - 410 - 22nd Street East Saskatoon, SK S7K 5T6 OUR FILE NO YOUR FILE NO 10825.1 AlTENTION: NICHOLAS I. STOOSHINOFF Dear Mr. Stooshinoff: RE: SDlit Steel Erectors ltd. v. McCOY Brothers Inc. In regard to the above, we would advise that we have just received faxed instructions to act for McCoy Brothers Inc. They were served, in the United States, at the beginning of the month. I would appreciate it if you would not take any further steps in this matter without giving our office ten days prior notice of your intent to do so. As you can appreciate, there may well be a jurisdictional issue, however, at the present time, our client will be having further discussions with the manufacturer concerned, with a view to seeing if a proposal can be put forward for settlement without the necessity of incurring legal costs, We anticipate it will take some time for our client, through its United States attorney, to provide us with the appropriate documentation we need. Feel free to contact me if you have any problems with my request. Yours truly, GAU & CO. Per: ", L \ ...) - I ....... WILLI J. slQ>>.w WIS;cas ') VIA LTO BOX EXHIBIT "C" "l~"""'''', ...........,. ,.....('_..'1'...<1 ~......"..u"''''...'''''',.,.,'~ Exhibit 0 fl," GAULEY & CO. BARRISTERS AND SOLICITORS W,B, FRANCIS, Q,C., ll,D. (192B.19641 70111OAIl1l'AYAVINUB P,O.I0I638 SA8lATOON. SA8lATCIIIlfAN S7I 3L7 TEUlPBONl: (308) 65101212 CBAIIIl' TEUlCOPIEI: (306) 652-1323 or ll6<<411 REGUlA OFFICE. 400 ' 2201 11TH AVENUE REGINA, SAS!AlCHEIIAH S4P OJB TELEPHONE' (306) 352.1643 ENVOY 100: PAKEllY TElECOPIER: (306) 525.B499 O.E,GAUlEY,Q,C,. P.FOlEY,Q,C,. P .A.KEllY.Q.C.. R.H,BEATOH J,E,SEIBf:l E,T,HARl€l. S,R,SPENCER H,J,BRAHHEN l,A,SCHAn "Resident 1n Regina .Also or the Manitoba Bar ,Also or the Alberta Bar J,J,OIERXER,Q.C.' l,F.SEIFERlIHG,Q.C, D,J.HcKEAGUE.Q.C. N.E.HOPKINS,Q,C, J.RUSSEll R.WIEBE O,H,APPLETllH. S.l.TYIWI H,H,DAHLEH,Q.C. W,J.Stw/ R. G. KENNEDY G,A,lABOS J.A.SUTlf:RLAHll B,R.HIUlEBRAHOT C.C,BOYCIU( P AllAY REFER TO: WILLIAM j. SHAW Sa5katoon Office May 31,1995 DIRECT OIAl OUR FILE NO: YOUR FilE NO 10825.1 NICHOLAS j. STOOSHINOFF Barrister & Solicitor 970 - 410 - 22nd Street East SASKATOON, SK S7K 5T6 Dear Mr. Stooshinoff: RE: SDlit Steel Erectors Ltd. v. McCov Brothers Inc. Thank you for your letter of May 19, 1995. I can't really confirm that our client was properly served according to the Rules of Court relating to service for the State of Pennsylvania, however, I can advise that we will not be raising the manner of service as a point of objection. Essentially, I don't know what the rules are, nor do I care. Any objection we raise will be "substantive" as opposed to "technical" because we wish to resolve the issues on a substantive basis. I hope you will find this to be in order. Yours truly, CAULEY & CO. Per: WILLIAM j. SHAW WjS:cas VIA L TO BOX EXHIBIT "0" cANADA Q.B,\ \55 of A.D. \ ~ ~ 6 PROVINCE OF SASKA TCHEW AN IN THE QUEEN'S BENCH JUDICIAL CENTRE OF SASKATOON BETWEEN: SPLIT STEEL ERECTORS LTD. PLAINTIFF AND: McCOY BROTHERS INC. DEFENDAJIIT STATEMENT OF CLAIM SlooShinoff Law Office 970 - 410 22nd Street EMt Saskatoon, Saskatchewan S7K ST6 653-9000 EXHIBIT "E" -2- q.AIM I. The PlaintiCC, Split Steel Erectors Lid., is a body corporale registered pursuant 10 the laws oC the Province oC Saskatchewan and maintains ils head office in the City oC Saskatoon, in the Province oC Saskatchewan. 2. The DeCendant, McCoy Brothers Inc., is a body corporate generally engaged in the construction industry carrying on business throughoutlhe United Stales and CWlada and maintains its head oHice at Ml. Holly Springs, Pennsylvania, United Stales oC America. 3. During the months or September and October, 1993,lhe P1ainliCf and the Defendant negotiated a sub-contract agreement whereby the DeCendant, McCoy Brothers Inc. as contractor, contracled with the Plaintiff, as sub-conlractor, 10 furnish labour, material, equipment and supervision in order to complete the conslruction and installalion oC a certain metal building Cor Crestbrook Forest Industries Lid. at Skookumchuck, in the Province oC British Columbia, Canada, which building and malerial was to be supplied and delivered on site by the DeCendWlI. 4. The aCoredescribed sub-conlracl agreemenl was dated September 22, 1993 but was not executed until October 13, 1993. 5, It was a tenn of the conlract that the PlaintiCf commence work on the project on or about October II, 1993 and complete the project no later than October 29. 1993, Failure on the part or the Plaintiff to complete the work within the time-frame would subject the Plaintiff to penalties WId damages. 6. According to the lenns of the contract, including the plans, specifications and other documents fonning part or the contract, the Defendant was to supply the prefabricated metal building parts and material 10 the job site prior to the commencement or work by the Plaintiff on the job site. 7. In accordance wilh the tenns of the contracl, the Plaintiff commenced work on the said project on time; however, the Defendant negligently or in breach oC contract, Cailed to comply with its obligation to deliver the metal building, parts and other material on a timely basis and which negligence or breach or contract, directly caused the Plaintiff to be put to additional costs, work, overtime, supervision WId other expense in order to complete the work on schedule. and which additional expense was directly and solely attributable to and caused by the negligence and/or breach or conlnlct by the Defendant. 8, The total cost or the additional work, overtime, costs. supervision and other -3. expenses incurred by the Plaintiff at the request of the Defendant and required by the Defendant, and for which the Defendant agreed to pay, is tile sum of $24,04 1.10, 9. The Plaintiff has submilled invoices to the Defendant demanding payment of the said sum of $24,041. 10 and repeatedly requested payment of the said sum, but the Defendant has neglected and/or refused 10 pay and continues to neglect and/or refuse to pay the same. 10. The Plaintiff claims the sum $24,041.10 together with inlerest calculaled at the rale of 2% per month being 24% per aooum from November 19, 1993, being the date of ils invoice to the Defendant, until date of payment or judgment, whichever shall first occur, II, Pursuant to the ~ of Court, Rule 3I(1)(F)(vi), the Plaintiff is entitled 10 serve this Slalement of Claim upon the Defendant, outside of the Province of Saskatchewan without order of the Court of Queen's Bench, on the basis that tile Plaintiff has SUSlained dwnagcs in the Province of Saskatchewan arising from a breach commitled elsewhere and in the aIlemative, on the basis of Rule 31 (1)(F)(i), that the within action is in respect of a contract made in the Province of Saskatchewan. 12. The Plaintiff therefore claims judgment against the Defendant as follows: a. Judgment in the wnount of $24,041.10; b. Inlerest on the sum of $24,041.IOcalculaled at the rate of 2% per month from November 19, 1993 until date of payment or judgment, whichever shall first occur; c. In the alternative, interest pursuant 10 the provisions of the Pre-JOOlJRlcot Jnlerest Act: d. Cosls of the within action. DATED at the City of Saskatoon, in the Province of S Apr j J ' 19';: ST . this;J day of ;){HII~rr F " . - S b t:, -i,;; l.i~':; _-, - - v ~ q, b I)O~,14'T ,...u:- L,,.I h.t~ . r... CCMMEPCiAL ItIOUSTI1IA~ INSTITUTIONf,L DESIGN'Bl'IL 0 ~~fl. .pl. .. ." 0" SINCE '9~5 Mr, I"/an Jukic Split Steel Erecto.e LTD, 442 lil\kaw COUrt Saskatoor., SaskatcheO/an ~I I _______\1 i7l '-, l\llgUSt 09, 199:3 S7J 4H4 RE: Union F.re~tion Proposal Dear rVlln, Our client Air Pl'od\lcts and Che:'l'.icals Inc, have Ineae various revisions to the scope of work required tor t:he project Creetbrook Forest Industri__e plant in Skookumchuck, British Columbia, Canada, Please review closely the revised ~cope of work required to requote this project. The building to be erected ill a Varco.Pruden hrand with the folloWing features I ~__~...._..___..___.________________.._..___.._w___________._ BAse BID -.-.-..------------------------------------------------------ S~pply union labor selvic~. ONLY fori \;1 \~ , '. \ \ '\ ~ - 24'/'JB'w. x 7B'1. x 24' low Bide eave height w/,2Sn : 12" r~)f pit~h (single slope) . 14'w. x 12'1, x 12' low side eave height att~ched to. "".in b'.Illrling - 24 gauge "SSR" r.~f panels w/l0" banded batt. insulation systel:\ and PSI( facing 26 gauge "PRO wall panels W/(21 layers of 4' batt insulation (layer 0n exterior and layer en illteri'.=ri " J - e4 gi1uge pertorated full height lir.er p?nel ~ypical at \ ~ll perimeter elevations. \ ~<> (51 line. of 8 1;2" inset wall girtll \ - B 1/2" roof purUns t S' - 0" ../- o,c. \ - (11 14' l( 18', (3) 3070 doon, (21 6070 door. and (1) window framed op~nings - Ie) 16" x 16" Im.ximul'Il fran,e::! op.llipg. and flun ings for wall l'fotnetatione is) louver fra'lled cpeningll, (1\ :4" x 4:4" r~"f curb ana (3) dekttte I~of hoot8 \ ~ \ '-1~ \ 'v\ - \~ \ \ 1~I!g~ I I-J/7- 'L3J-93S-b 11& ~ p C .O~ 0'. 211 PIN! pO,' ....r l1O\.~y srqlNG-!. i>~'lYAN'''' ltoeS HtEP\.I()II( (1'11 "e,~"l . "11I2~'.A.)'~. fAX. J"I.,&-"4I EXHIBIT "F-l" COMMERCIA INDUSTRIA INSnWTIONAI DESIGN/BUILl SINCE 1941 October 06, 1993 Mr, Ivan Jukic Split S~eel Erectors LTD, 442 Wakaw Court saskatoon, Saskatchewan S7J 4H4 RE: Crestbrook Forest Industries Dear Ivan, I want to inform you of the following information regarding the VarCO-Pruden Building and Therm-ALL, Inc, deliveries regarding :::le above referenced project. VP has informed that two (2) trucks are required because the building weight of 20.7 tons and the standing seam roof material not able to be nested. Varco-pruden Buildinq West rim Express contact: Dave Taylor 1-800-663-0099 Load #1 structural cn site 10/13/93 It 8:00 A.M, Load #2 panels/trim on site 10/14/93 It 8:00 A.M. Therm-ALL Insulation contact: Danelle Industrial Parkway North Olmstead, Ohio 1-800-886-9494 One (1) truckload of fiberglass and rigid insulation to ce On site 10/15/93. If you have any questions or concerns regarding this matter or I can be of any additional assistance, please contact me at your convenience, Thank you. cc: John Kell .. APe I Kathy Brown - APCI ~~~ po. 80X '0" 'll' I"NE "10 . MT HOllY SPRINGS. PE>mSYL VA'IIA 11t6S TlLEPHOIlE 11171 4116,Ug, . 17171138~. 'AX 11H, ~g.q .If EXHIBIT "f-3" .whIhIt fa , srOOSHINOFF ~HW OFFICE 306 b~3 "~84 ".11 IIi:CO'(-BROS TEL: .:a6-4948 Dee 06,94 14:27 No,Oll P.Q2 COMMERCIAL INOUSTRIAl. INSTITUTIONAL DESIGN/BUILD GENERAL CONTRACTORS SINce 1948 December 06. 1994 Hr. Robert Davis Vareo-Pruden Buildings 273 Water Street Ev~ns~ille,' Wisconsin 53536 . . REI Crestbrook Forest Industries . VP Job 192654 -01 Dear Sob, As per our telephone conversation on ~rid&y, December 02, 1994, I have ga~hered all the back-up information for a claim we are SUbmitting regarding the project referenced above. We hired a un10n Canadian sub-oontractor named Split Steel Erectors, ltd. to perform all erection services required for a complete job, Split Steel encountered may problems and letbacks during the erection process such as: fabrlcation errore, missing material and aelay of monorail beam all which forced overtime to meet completion date, Please review the !ollowini invoices from Split-steel Erectors, Ltd, which referen~e scope of work and related co.te incurred, Invoice . Date Description Total Cost -------------..-~--_._---------------------_._--------~-._--- 75759 11/191'3 Storage for material $1,170,00 757'0 11/l9/'J Overtime $7,684 . 14 '5761 11/19/93 Fabrication errors $15,186,36 ---.----.-.-----------...--------------.------------..----.-- Total Cost of Claim $24,041.11 f apologlEe for the delay In filling this claim, Some nformation relative t~ thil claim had be.n miss placed within our office and the communication betw~en VP and McCoy ha. been confUling in un~er.tandin9 what data had been lubmltted prier to this letter. Thie project had a very tight completion schedulo whlcn had been determined upfront, Even though we encountered all ~he rroblems and the start of incl.ment weather condit10ns, we were able to meet the Ichedule and appease the owner. Although they were very angry and frultrated throughout the duration of the project, Ivpl ttf~.Prud.n ACHw~o..-w, fir "II 1)1.1..... EXHIBIT "C" PO. 801 '0'. 21? PIN! "0 . ldr HOll Y 'PIlING~, Pf"'j$~W.NIA !lotS r~EPHONE (1111'''.'<11' nl/I 2~se. ,~. ITH)~'" ......- ....... "".~.. r . & '" 1':(0',' -5PQS TEL: o1~6-494a De~ 06,~c1 l4:;'~ 110,1;1'1 ;.1);' Mr, Robert Davi. Varco.ptud$n Building. REI VP Job ~'26!4 Page 2 The owner, Ai~ Products and Chemicals, Inc. (a VP National Account Client for approxlmatelr tour yeare) anticipated better service and product qual ty then what VP had provided, Thank. to a determined and dedicated erector we were able to .alvIge an acceptable end result projeot as referenced per enclosed APCI letter dated December 23, 1993. If you have any questions regarding this matter or I can be of any additional assistance, please contact me at your convenience. eel Ivan Jukic . Split Steel Erectors, Ltd. HIe enclo.ures p \F1LEWlATAFlLII\lIHNIXn'flt)1O-MIJT 1\Cdw e..... OW2MU) 1021 PM Rn'IMII IVO~~U..'M SPLIT STEEL ERECTORS. L TD" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN1A v, NO. 95-5249 CIVIL CIVIL ACTION - LAW McCOY BROTHERS, INC,. Defendant II AND NOW, this ~ day of RULE IlLl.l-..l{/,,- , a Rule is hereby issued upon Defendant McCoy Brothers, Inc., to show cause why it should not proceed to take depositions on disputed issues of fact or list the matter for argument on Petition and Answer, as required by Pa, R,C.P. 209, Rule retumablel ~ days after service. BY THE COURT: l(j(L ~I f~ . ,~ J. ) ".' ,..-' , ..J..;\:.,- ' " , .......' ,,~ I" "" ., I' i ('; v~:J ... ~. ...--- .,,' . .. ,,") ^b';,.\..;'.~' "" .' _c.- - 3"", '-, 1. , .,,;.__v -..'- SPLIT STEEL ERECTORS, L TO., lllaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 95-5249 CIVIL CIVIL ACTION - LAW McCOY BROTHERS, INC., Defendant PLAINTIFFS MOTION FOR DEFENDANT TO PROCEED UNDER PAR C P 209 AND NOW, comes Plaintiff. Split Steel Erectors, Ltd.. by and through its attorneys. MARTSON, DEARDORFF, WILLIAMS & OTTO. and seeks this Honorable Court to issue a Rule against Defendant McCoy Brothers, Inc. to show why Defendant should not proceed and in support thereof, avers as follows: I, On October 2, 1995. Plaintiff. Split Steel Erectors, Ltd., initiated the above captioned matter by filing a Praecipe directing the Prothonotary of Cumberland County to file and index a judgment (the "Judgment") against Defendant McCoy Brothers. Inc, 2, On or about October 27, 1995, Defendant filed a Petition to Strike and/or Vacate and Set Aside Judgment. 3. On November I, 1995, this Honorable Court issued upon Plaintiff a Rule to show cause why the Judgement should not be struck and/or vacated and set aside. This Rule was returnable twenty (20) days after service. A copy of said Rule is attached hereto and marked as Exhibit "A." 4. On November 21, 1995, Plaintiff filed and served upon Defendant the Answer of Plaintiff to Defendant's Petition to Strike and/or Vacate and Set Aside Judgement. A copy of said Answer is attached hereto and marked as Exhibit "B." 5. As of the filing hereof, fifteen (15) days have elapsed since Plaintiff filed its Answer and Defendant has neither proceeded to take depositions nor list the matter for argument. 6. Under Pa. R,CP, 209, Plaintiff is now entitled to request that a Rule be issued against Defendant to show why Defendant should not proceed with depositions or list tile matter for argument. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue a Rule upon Defendant McCoy Brothers, Inc. to show cause why the Defendant should not proceed to take depositions on disputed issues of fact or list the matter for argument on Petition and Answer, Respectfully submitted, MARTSON, DEARDORFF, WILLIAMS & OTTO Q n \\ By ,,""---..-..... \, ~~ . . W. Darren Powell, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: December 7, 1995 Exhibit A .y~ . f 'lILES\D"r"f1lE'GENI)()('nl)1l).A,",S 1'14. (',.... U9i1M'OJ IOnN ~... 1I1:~.U.:J I...... SPLIT STEEL ERECTORS. L TO" Plaintiff - Respondent [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL V AN[A v, NO. 95-5249 C[VIL TERM CIVIL ACT[ON - LAW McCOY BROTHERS. [NC.. Defendant - Petitioner ANSWER OF PLAINTIFF TO DEFENDANTS PETIT[ON TO STRIKE AND/OR V ACA TE AND SET ASIDE JUDGMENT " AND NOW. comes the Plaintiff. Split Steel Erectors, L TO, (hereinafter "Respondent"). by and through its attorneys. MARTSON. DEARDORFF. WILLIAMS & DTIO, and files the within Answer to Defendant McCoy Brothers. [nc.'s Petition to Strike and/or Vacate and Set Aside Judgment as follows: [-2. Admitted. 3. Denied, It is denied that the judgment entered to docket No. 1155 of 1995 in The Queen's Bench Judicial Centre of Saskatoon. Saskatchewan. Canada (the "Saskatchewan Court'') which Respondent seeks to enforce against Petitioner is not entitled to full faith and credit because the Saskatchewan Court lacked jurisdiction over the Petitioner and that due process was violated for the following reasons: (a) Respondent. after reasonable investigation. is without knowledge or infonnation sufficient to fonn a belief as to the truth or falsity of Petitioner' s assertion that Petitioner was not physically present in the Province of Saskatchewan, Canada. and strict proof thereof. if relevant. is demanded, However. by way of funher answer. Petitioner's employees. servants. or agents. were. during times relevant hereto. physically present throughout one or more of the Provinces of Canada and were in frequent telephone and facsimile communication with Respondent in Saskatchewan. Likewise. it is denied that Petitioner \\'as not personally served with "any papers."' By lener dated April 8. 1995. a copy of the Statement of Claim and Notice [0 Delendants (the "Statement of Claim") filed to ,~ EXHIBIT "B" docket no, 1155 of 1995 in the Saskatchewan LUun was forwarded to Petitioner by Nicholas StooshinolT, Respondent's attorney in Saskatoon. Saskatchewan. A copy of said April 18. 1995 letter is attached hereto and marked as Exhibit "A". Further. Petitioner was also served with the Statement of Claim by the Sheriff's Office of Cwnberland County, Pennsylvania on April 26, 1995, said service being evidenced by a Sheriff's return. a copy of which is attached hereto and marked as Exhibit "B". Additionally, Petitioner, through its legal counsel in Saskatoon, Saskatchewan. Gauley & Co" by letter dated May 17. 1995. acknowledged Petitioner's service. A copy of said May 17, 1995 letter is attached hereto and marked as Exhibit "C". Similarly, Petitioner, through its Saskatchewan counsel, waived any objection based upon service by letter dated May 31. 1995. A copy of said May 31, 1995 letter is attached hereto and marked as Exhibit "D"; (b) Respondent, after reasonable investigation, is without knowledge or infonnation sufficient to fonn a belief as to the truth or falsity of Petitioner's avennent that it does not maintain a regular place of business in the Province of Saskatchewan and strict proof thereof, if relevant, is demanded. By way offwther answer, it is averred that, during the times relevant hereto. Petitioner regularly conducted business in Saskatchewan and other Provinces of Canada; (c) Petitioner has committed nwnerous acts and consummated numerous transactions in the Province of Saskatchewan and other Provinces of Canada, some of which are described in subparagraph (d) below, and which are hereby incorporated by reference as if specifically set I' OM herein; (d) Petitioner had sufficient minimum contacts with the Province of Saskatchewan, Canada. which entitled the Saskatchewan Coun to exercise jurisdiction over Petitioner, As evidenced by the Statement of Claim. a copy of which is attached hereto and marked as Exhibit "E", the Saskatchewan Court's jurisdiction was based upon Queen's Bench Rules of Court No. 31(1 }(F)(vi), and alternately No, 3 \( \)(F)(i), Statement of Claim at paragraph II. By way offwther answer. Petitioner was the general contractor on a project (the "Project") in British Colwnbia. Canada. Petitioner established the requisite due process minimwn contacts with the Province of Saskatchewan as follows: Petitioner initiated contact with Respondent in Saskatchewan to inquire whether Respondent would submit a bid to act as a sub-conttactor on the Project: At the time Petitioner initiated said contact with Respondent. Petitioner knew it was contacting an entity located in Saskatoon, Saskatchewan; After initially contacting Respondent in Saskatchewan, but before entering into a sub-contract with Respondent. Petitioner for purposes of, inter alia, detennining the labor climate and negotiating such a sub-conttact with Respondent, made frequent facsimile contacts (approximately 8-10 a week) and telephone contacts (approximately 8.10 a week) with Respondent in Saskatchewan (a copy of two such facsimile transmissions dated August 9.1993 and September 3, 1993, as well as a letter dated October 6. 1993. are attached hereto and marked collectively as Exhibit "FI-F3"); Petitioner entered into a sub-contract (the "Sub-Contract") with Respondent for base amount of approximately $67.027 (U.S.) on October 13,1992 in the Province of Saskatchewan; After execution of the Sub-Contract and throughout the period of thereof. Petitioner. on an a daily basis contacted Respondent in the Province of Saskatchewan via telephone and facsimile regarding changes, modifications. price changes. andlor additions to the Sub-Contr.u:t; Petitioner knew that such modifications, alterations and changes are common and are to be expected on these type of contracts and that such necessarily entail constant discourse and contact between the general contractor and a sub-contractor; Petitioner paid Respondent cenain swns due to Respondent under the Sub-Contract to Respondent in the Province of Saskatchewan: Petitioner breached the Sub-Contract by failing to pay Respondent in the Province of Saskatchewan for worked perfonned under to the Sub-Contract; That subsequent to completion of the Project. Petitioner continued its contacts with Respondent and others involved in the Project for purposes of recovering the additional expenses incurred by Respondent as a result of another of Petitioner's sub-contractors on the Project. as evidenced by the December 6. 1994 correspondence anached hereto and marked as Exhibit "G'"; Petitioner had sufficient sufficient minimum contacts with the Province of Saskatchewan such that the Saskatchewan suit did not offend traditional notions of fair play or substantial justice; Petitioner purposefully availed itself of the privileges of conducting activities within the Province of Saskatchewan such that Petitioner should reasonably anticipate being haled into a court in that Province (e) Petitioner, through regularly conducting business in the Province of Saskatchewan. has implicitly appeared and consented to jurisdiction by the Courts of Saskatchewan. Canada. WHEREFORE, Respondent respectfully requests that this Honorable Court deny McCoy Brothers. lnc.'s, Petition to Strike and/or Vacate and Set Aside Judgment. Respectfully submitted. MARTSON, DEARDORFF. WILLIAMS & OTTO BY~vJ~ {1~ W. Darren Powell. Esquire Ten East High Street Carlisle. PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff-Respondent Date: November 21. 1995 STOOSHINOFF LA W OFFICE BARRISTER '" SOLICITOR 970 . .\ I 0 22nd Slreel E3sl Salcaloon, SaskalcheWI/I S7K ST6 Nieholll J. SlooIhillCllr B.A, (HonLl U.B. U.M (Member or the B,C Bit) Telephone: (306)653.9000 Residence: (306) 2A2-4073 Fax: (306) 653.'284 April 18, 1995 McCoy Brothers Inc. General Contractors 217 Pine Road P.O. Bolt "0" ML Holly Springs, PA 17065 USA , A'ITENTION: Mr. Greg Kuhn RE: Split Steel Erectors Ltd. v. McCoy Brothers Ine. Dear Mr. Kuhn: Further to my earlier correspondence. please find enclosed herewith a Statement of Claim issued on April 13, 1995 in the Court of Queen's Bench. Judicial Centre of Saskatoon, Saskatchewan. c,n""". commencing a civil lawsuit by Split Steel Erectors Ltd. against McCoy Brothers 1ne. for a debt owing. McCoy Brothers Inc. is hereby served with process and judgment can and will be enlered against McCoy Brothers Ine. thirty (30) days after service, unless in the meantime. a Statement of Defense is served upon my office and a copy filed willt the Local Regislral' of lite Court of Queen's Bench, Judicial Centre of Saskatoon. In the event that a Slalement of Defense is not filed within lItirty (30) days, lIten lite OOIIrt file will be noted for default of liIing a Slalement of Defence and a judgment will issue which will include the principal sum, interest and court callS. I expect you will wish to consult legal counsel: however. if you wish to discuss the matter at any EXHIBIT "A" -2- lime wilh myself. please feel free 10 conlaCt me at the number and address indicated on this letter. Govern yourself accordingly. Yours truly, E NJS/gd Enclosure cc. Split Steel Erectors Ltd. - Ivan Jukic "ifF Ii IfF'''' 1iF:TIJRII f~AS;E 110: 1 ?"I,:\ - r,1lI"'l5'" r GOMMOIIWEALTlI OF rEllllc;YI.','AllrA: COUNTY IJF rt'MPF.:RI Arrn SPLIT STEEL ERECT~B~J~____ VS, MCCOY BROTHERS IIlC ROBERT L. CUMBERLAND FIIlK. SR. __......__.__, Sh'l'riff "r P'?r"t.y Sh'!'rl!f '.'f r;"lJnt.y. F''!'III".)'I'".nl''' wh" h'!'ing duly "-,w"rn "r:c'~ro:f;.r";' 1;0 li!lv. Si!lYS. th'Jl:. ho;o ~'!'rv",o:f 'ho;> within ~UIJ;;l1tlIT OF' CJ,..A.UL. """" l'-~J~_Q.'L PRQ:r.IIER5. .I!~_..__ __ ~ t1C\1 .......dlililillldant. '1t 1'Zl55:~1" 1II.1111'''. .... '.11" ::':':h 'h)' .., A..I1.L_._........ 1995 at 217 PINE ROAD. P,O. BOX "0" tlL-ij,Q.....I,.1..J1fR IIIGS. F' A 1701;5 County, F'enn::yh'allia. 1:-)' h",..;i.illo t" ~ESTINATIOIIS , CUtIBERLA/W ..___' RICHARD BUTTS, V I r:'E FRf:..S..Il.1F;!II__ " tru'l' i!lnd i!ltt'!'stqd ~"rr "f 'ho;o STATEMEIlT OF CLAIM and at th. sam. tim'l' dir",r::tino I.lis. attention to t.he cC'nt"'lItt' ~h~re"!. Sherif!'s Custs: DocketinQ Slfrvice - Ai !id'lvit Surchargl! 18.00 So answers~: ~/?~ ~~ 3.36 ~~<. 2.50 . 00 ~homi!lS l.nl!. 5Mr 1. f ___n._ . ~:!J:"'ab..rIICHOL^S J. STOOSIlIIIOF'F' 04/27/1995 ~~ by ~'l':;rc:~~JlS ~ ~ Sworn and subscribed to be!orl! me t. his ..J.i.!!:... dill Y "f ~ 19 l'!,""' A. D. .f2u,..O I . .9..!J..~ &I~ ~ "9lo~ry NOJAR r_l SEAl lUORE' G. ADAMS, ~otar, Pub'" Carllsl, 801"0. ':'ll......I"~1 '",' C':'.nr~' ~ r...-'u....,. : 0", ~ :".11 11 t 1 nB EXHIBIT "8" \..J A U Lt. Y "" \.., U. -'RRIS--"" "0'--' "'URS ;M. I tt",; ...,t 4...L....' ,\.. ..B. FRANCIS. a,c.. ~_.u. f 192B.19641 70r BBOAIlWAI AVIIIUI P.O, B0I631 SASUTOON, SASUTCIIIlIAII S7I 3L7 TELEPIIONE: (306) 653-1212 CWIT TEIJ'.COPJEIl:(308) 6Sz.J323 or ~3J D. E .GAUl.EY. a. C.' p.FaLH.a.C., P .A.KELLY .D.C.' R.N.BEATON J.E.SEIBEl E.T.HARHEl. S.R.SPENCER N.J,BRAHNEH L.A.SCHATZ H.H.DAHLEN.D.C. ..J.SI'AW 1. G.t.ENHEDY G.A,lABOS LA. SUlllERlAHD B. R .HILDEBRAHOT :.C,BOYCHI.If. P.A.OAY ;(GlllA OFFICE. :00 . ::~1 llTH .,[flU( ;(GlllA S~SKATCH(WAN J.J.DIERKER.a.C.. L.F.SElFERLING.D.C. D.J.NcKEAGUE.O.C. H.E.HOPKINS.a.C. J.RUSSELL R.WIEBE O.H.APPLETON. S.L.T'fflAH :.:;::;~a 'ResIdent 1n Rl9lnO .Also of the Honltobo Bor .Also of the Alberta Bor '(L(F~~E <3061 :52.1643 ENVOY 100 FA KELLf "ELEC:PIER .3061 ,.5.B499 ;EFER TO WilLIAM J, SHAW Saskatoon Office May 17, 1995 DIRECT DIAL' :UR FILE NO 10825,1 STOOSHINOFF LAW OFFICE Barrister & Solicitor 970 - 410 - 22nd Street East Saskatoon, SK S7K 5T6 'CUR FIL( iiO' A UENTION: NICHOLAS J. STOOSHINOFF Dear Mr. Stooshinoff: RE: SDlit Steel Erectors Ltd. v. McCoy Brothers Inc. In regard to the above, we would advise that we have jusr received faxed insrructions to act for McCoy Brothers Inc. They were served, in the United Srates, at rhe beginning of rhe monrh, I would appreciare it if you would not rake any further steps in this matter without giving our office ten days prior notice of your intent to do so. As you can appreciate, there may well be a jurisdictional issue, however, ar the present time, our clienr will be having further discussions with rr~ manufacturer concerned, wirh a view to seeing if a proposal can be put forward for settlement without the necessity of incurring legal costs. We anticipare it will rake some time for our client, through its United States allorney, to provide us wirh the appropriare documentation we need. Feel free to contact me if you have any problems with mv request. Yours truly, GAUl,E.Y & CO. I Per: ( W'llb~w WlS:cas . ----- \ VIA L TO BOX ~XHI8IT "(" GAULEY &CO, :.~RR I S,ERS ,:.:m SOLI C r TORS D.E.GAUU:Y,D.C., P .FDUY .D.C.o P .A.KELLY .D.C.. R.H.BEATDH J.E.SEIBEL E. T.IWlIEL. S.R,SPENClR H.J.BRANNEN L.A.SCHAn J.J.DIERK!R.D.C.. L.F.SEIFERLING.D.C. D.J.HcKEAGUE.a.c. N.E.HOPKINs,a.C. J. RUSSELL R.WIEBE D.H.APPLETON. S.L.1i'NAH H.H.DAHUH,D.C. ~.J.SHAW R .G.KENNEDY G.A.lABOS LA. SII1lf:RlANO B.R.HIUlEBRAHDT C.C.80YCIU< ?.A.DAY 701 BIOADWAI AYIIIDI P.D.801831 SAllUt'OOI, WWCIIWAII S'Il 3L7 TELBPIIOft (308) 85J.IZIZ CBANEl' TEUCOPID: (308) 65Z-J3Z3 Ir 88W4SJ W.8. FRANCIS. D.C.. LL.D. m28.19&41 'lIesldent In Rf91na ,Also 0' the Hanltoba Bar oAlso 0' the Alberta 8ar \EGIlIA OFFICE. lOO . 2201 11TH aVE~E ,EGlNA. SASKATCHEWAN SlP OJ8 ;ELEPHOHE: (306) ,52.1643 ENVOY 100: PA.KELLI TELECOPIER: (306) 5,5.8499 REFER TO. WIlliAM J. SHAW Saskatoon Office May 31,1995 DIRECT DIAl: :UR FILE NO 10825.1 NICHOLAS J. STOOSHINOFF Barrister & Solicitor 970 - 410 - 22nd Street East SASKATOON, SK S7K 5T6 ICUR FILE NO: Dear Mr. Stooshinoff: RE: SDlit sreel Erectors Ltd. v. McCov Brothers Inc. Thank you for your letter of Mav 19, 1995. I can't really confirm rhat our client was properly served according ro the Rules of Court relaling to service for rhe State of Pennsylvania, however, I can advise rhat we will not be raising the manner of service as a point of objection, Essentially, I don'r know what the rules are, nor do I care. Any objection we raise will be "substantive" as opposed to "technical" because we wish to resolve the issues on a substantive basis. I hope you will find this to be in order, Yours rruly, GAUlEY &. CO. Per: L WILLIAM J. SHAW WIS:cas VIA L TO BOX EXHIEIT ","," -2- gAJM I, The Plaintiff, Splil Sleel Ereclors LILI" is a body corporale regislered pursuant 10 Ihe laws of lhe Province of Saskalchewan and mainlains ilS head olfice in Ihe Cily of SaskalOOn, in lhe Province of Saskatchewan. 2, The Defendant, McCoy Brolhers Inc,. is a body corporate generally engaged in the construction industry canying on business throughoutlhe Uniled Slates and Canada and mainlains its head office at Ml Holly Springs, Pennsylvania, United Stales of America, 3, During the monlhs of September and October, 1993, lhe Plaintiff and the Defendant negotiated a sub-contraCl agreement whereby Ihe Defendanl, McCoy Brothers Inc. as conlractor, conlracted wi!h the Plaintiff, as sub-conlraclor, 10 furnish labour, material, equipment and supervision in order to complete !he conslruclion and installation of a certain metal building for Crestbrook Forest Industries Ud, at Skookumchuck, in lhe Province of British Columbia, Canada, which building and malerial was 10 be supplied and delivered on site by the DefendanL 4. The aforedescribed sub-contract agreement was dated September 22, 1993 but was not executed until October 13, 1993. 5. II was a tenn of the contract lhat the Plaintiff commence work on the project on or about October 11, 1993 and complete lhe project no laler than Oclober 29, 1993. Failure on the pan of !he Plaintiff 10 complete !he work wilhin the time-frame would subject the Plaintiff 10 penalties and damages. 6. According 10 the lerms of lhe contract, including !he plans, specifications and other documents fonning part of !he contract, the Defendant was 10 supply the prefabricated metal building parts and material 10 the job sile prior 10 !he commencement of work by !he Plaintiff on !he job sile. 7. In aa:onlance with lhe tenns of !he contract, lhe Plaintiff commenced work on the said project on time; however. the Defendant negligently or in breach of contract, failed 10 comply with its obligation 10 deliver !he melal building, parts and olher malerial on a timely basis and which negligence or breach or conlrnct, directly caused the Plaintiff 10 be put 10 additional costs, work, ovenime. supervision and olher expense in order to complete lhe work on schedule. and which additional expense was directly and solely allnbulable 10 and C1usa1 by lhe negligence and/or breach of conbact by the Defendanl 8. The Iolal cost of lhe additional work, overume, costs, supervision and other -3- expenses incurred by lhe Plaintiff at the request of Ihe Defendant and required by !he Defendant, and for which the Defendantagreed 10 pay, is lhe sum of $24,041.10. 9. The Plaintiff has submillcd invoices to Ihe Defendant demanding payment of !he said sum of $24,041.10 and repeatedly requested payment of the said sum, but the Defendant has neglected and/or refused to pay and continues 10 neglecl and/or refuse 10 pay the same, 10, The Plaintiff claims the sum $24,041.10 loge!her wi!h interest calculated at !he rate of 29& per mon!h being 249& per annum from November 19, 1993, being !he dale of ilS invoice to Ihe Defendant, until dale of payment or judgment, whichever shall first occur, II. Pursuant to the Oueen's Bench Rules of Court, Rule 31(1)(F)(vi), the Plaintiff is entitled to serve this Statement of Claim upon !he Defendant, oulside of Ihe Province of Saskarchewan without order of lhe Court of Queen's Bench, on the basis that the Plaintiff has sustained damages in !he Province of Saskatchewan arising from a breach committed elsewhere and in !he alternative, on the basis of Rule31 (1)(F)(i), lhat the within action is in respectofa conlnlCt made in the Province of Saskatchewan, 12. The Plaintiff !herefore claims judgment against !he Defendant as follows: a. Judgment in !he amount of $24,041.10; b. Interest on !he sum of $24,041,10 calculated at lhe rate of 29& per mon!h from November 19, 1993 until date of payment or judgment, whichever shall first occur; c. In the alternative, inlerest pursuant to lhe provisions of !he Pre-JudlJlllent J nterest Act: d. Costs of the within action, DATED at the City of Saskatoon. in the Province of S ApI'" j I . 19'5': Sf , !his IJ day of " .;. t: O. ~., ~ '- _.I I 0. b I)D.-.f..~:"""~ -:CMMEPC:;"L .NCUSTRIAL. INSTITlJTIONf<L DESIGNIBL'lt 0 SINCE 19~5 -- August 09, 199:3 _______I "'"I I ',,--- ~ . J' I ~ ., I"r. I'/an Jukic Split Steel E~ecto.s LTD. 442 l-Iakaw Court Saskatoor" Saskatche:lim -- S7J 4H4 RE: Union F.re~tion Proposal Dear :van, Our client ^ir Products alld Che:r.icals Inc, have Inaile various revisions to the scope of work ~equired for the project Creetbr-:;lok Forest Indulltriell plant in Skookumchucic, British Columbia, ':'allsda. Please review closely the :revised scope of work :-equi:ed tc requote this project. The building to be erected is a V.tl"CO' Pruden brand wl\;h the follclHl1g features I w..._____..._._._______.________________________._____.----__ BASB BID --------------------------..-.---------------.----.-.--.----- S~pply union :abor se~vic~s ONLY forI . 24'/3B'w, x 78'1, x 24' low side eave height w/,2S" : \ \ t2" r~,f pit~h (single slope) ~ - l4'w. x 12'1, x 12' low side eave height attAched to. \.../ \. lIIdn bullding ~ - 24 gauge 'SSR" r~of panels w/lO" banded batt. , '., inslllation systeT:l and PSI( facing \, ,-.!J 26 gauge "PR" wall panel. I'll (2) layers of 4" batt ..... insulation (layer -::n extericr and layer en intericr) '. J - ;;4 S~uge pertorate:\ full hoight lir.er p2.nel ,;ypical at \ ~ll perimeter elevations, \ ~<l (51 lines of e 1;:" inset wall girts \ - e 1/2' roof p~rlins ~ 5'. 0" ./, o,c, \ . (1) 14' x 18', (~) )070 doon, (2) 507t' doors and (11 window t:-amed q:~!li!lgs fel 16" x 16" !",.xim'~"') fl'.'he:i o~li!:9S and nll,hinge !cr ....all F'itl1et:'ati~n9 . ,51 louver Er.311eci:penlIl98, l' ;';" x;:"" r"of ,="rb and (3) jekt~te :J~f ~~Ot8 \ ...\-:: \-.10 '. 'v'\ \ t'S"""" '. * .:t=Ill.WI. -. , 1 7 ~ X - Li 5- S-:~ I - - 4'"....", 7 1- ~ YaWl-Pruden ~ ~~~~'-' PC.8o:lJ 0" 21~ P'>l! gc..~' "'O~lV ~rg,...~!. i>~N...sn~AN'A 1/(!8~ .~"'EJ.'~CfjE l~'''\ ,~e'~"91' .'111 ~!I""'~~' FA): ,:~') ct....... EXtII EIT "[='-[" COMMERCIA INOUSTAIA INSTlWTIONA DESIGN/BUILl SINCE 1941 Octocer 06, 1993 Mr, Ivan Jukic Split Steel Erectors LTD, 442 Wakaw Court Saskatoon, Saskatchewan S7J 4H4 RE: Crestbrook Forest Industries Dear I'Ian, I want to infcrm you of the following information regarding the VarcO-Pruden BUilding and Therm-ALL. Inc. deliveries regarding :be above referenced project. VP has informed that two (2) trucks are required because the building wp.ight of 20.7 tons and the standing seam roof material not able to be nested. Varco-pruden Buildin~ Westrim Express contact: Dave Taylor 1-800-663-0099 Load #1 structural en site 10/13/93 It 8:00 A.M. Load #2 panels/trim on site 10/14/93 II 8:00 A.M. Therm-ALL Insulation contact: Danelle lndustrial Parkway North Olmstead, Ohio 1-800-886-9494 One (1) truckload of fiberglass and rigid insulation to be on site 10/1S/93. If you have any questions or concerns regarding this matter or I can be of any additional assistance. please contact me at your convenience. Thank you, espectfully submtttp.d~ ~~~ G oorv . hn .P~?i: e gn/Blliid XeCcy Brothers, Inc. cc: John Rell - ~PCl Kathy Brown - APeI ~!!L po. eox".., 211 "'Nfl "D. MT HCUY !PIlINQS, PI'lNSVLVA'lIA "CAlIS tElE....ON€. 171:1418-3481 . /7171238-4351, 'AX I'''' -...0.... a EXHIBIT "F-3" ~'UU~HINU~F ~~~ ~r~!~~ :"Ub b~~ ~~8" 0".11 'h:CO'(-:ROS TEL: ~?lj-494S Dee 06,94 14:27 No,011 F.02 COMMERCIAL INDUSTRIAL INSTITUTIONAL DESIGN/BUILD SINce 194& December 06, 1994 Hr, Robert Davie Vareo.Pruden BUildings 273 Water Street Ev~n.ville,'Wlseon.in 53536 , . REI Crestbrook rorest Industries VP Job 192654-01 Dear Bob, AB per our telephone conversation on Friday, Oeeember 02, 1994, I have ga~hered all the back-up information for a claim we are SUbmitting regarding the project referenced above. We hired a union Canadian sub-contractor named Split Steel Erectors, Ltd. to perform all erection services required for a complete job, Split Steel encountered may problems and ..tback. during the erection process euch al: fabrication errors, missing material and a.lay of monorail beam all which forced overtime to meet completion date, Plea.. review the followlng invoices from Split-Steel Irectors, Ltd, which reference scope of work and related eo.ts incurred, Invoice . Date Description Total Coet --------------------..-...-------------------.----------.--.- 15759 11/19/93 Storage for material $1,110,00 19760 11/19/93 Overtime $7,684,74 15781 11/19/93 Fabrication errorl $15,186,36 .--..........---------....------....-........--..--...--..... Total COlt of Claim $2.,041.11 I apologize for the delay in filling this claim, Some information relative t~ this c~aim had been milS placed within our office and ~he ccrnreunication between VP and McCoy has been confu.ing in un~er.tandinQ what data had been submitted prier to this letter, Thi. project had a very tight completion schedule ~hi;~ had been determined upfront. ~v.n ~hcugh we encountered all ~he ~roblem8 and the start of inclement w~ather conditions, we were able t~ meet the Icnedule and appease the owner. Although they were very angry and frustrated throughout the dune ~cn of the project, ~ If~.prud.n ~ A(.HW~~ EXHIBIT "G" p 0 .o~ . 0', 211 p,,,~ AD ....r "on y SPIlINGS. P{"'I$HV~NtA "065 ~R(""ONE Ii'/' 't&-3"', ""11 l~~' 'U'I'''I'''''' 11& ... _. ,,\1, :"';-;;:J ltvll '-I.''-lI r,u, SE.\T BY: ~1llfO :11-2u-95: 17:01, . :# 8/ B ~DIf&o-. YERU'ICAJ'1Cl1'i Ivan lukic, whu i~ President of Split Sleel Ereclul1. Ltd, ar.d acknowledgcs that he has the authority to execute this Vcriticatio:l in behalf ofSpli1 Slccl Erector1, Ltd, certifies lfullthe foregoin>> Answer Is bu.:d upon in(onnlllion which has been gD.tI1el'ed by my counsel in dw prepMIlion of tllo IllWSU!t, The language of this Answer is that of counsel and not my own, I have read the d~ul2lent and to the cxtcllt that the Answer is b.1scd upon informalion which I hRVC: eivcn to my counsel, il is nuc 8IId cortCCtlQ the be~l ufrny knowledge, inlonnalfon Wld belief, To the elltent that the content ot'lbe Answer is Ihat of counsel, r have n:lied upon cOWlsel in n1i1k.1ng this VcririCIlioD. "filii Sllllell1ent and V criticlItion :u-c I113dll subj~l to the pcnalties of 18 Pa. C .5, 5l:Ction 4904 n:Jatin8 10 unsworn falsilication to authoritu:s, which provIdes tltat If I make knowingly false avmnC1ll1,1 UlAy be subject 10 criminal pCllalties, ~ CERTIFICATE OF SERVICE I hereby certifY that a copy of the foregoing Answer of Plaintiff to Defendant's Petition to Strike and/or Vacate and Set Aside Judgment was served this date by depositing same in the Post Office at Carlisle. P A. first class mail. postage prepaid. addressed as follows: R. Stephen Shibla. Esquire RHOADS & SINON One South Market Square. 12th Floor P.O. Box 1146 Harrisburg. PA 17108-1146 MARTS ON. DEARDORFF. Wll..LIAMS & OTTO ByJj (JClJ/lMl. r:b veJf) W. Darren Powell. Esquire Ten East High Street Carlisle. PA 17013 (717) 243-3341 Attorneys for Plaintiff Split Steel Erectors. Ltd. Dated: November 21. 1995 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion for Defendant to Proceed Under Pa. R.C.P. 209 was served this date by depositing same in the POSI Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: R. Stephen Shibla, Esquire RHOADS & SINON One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 MARTSON,DEARDORFF JAMS & OTTO ~ II ~ By (...........__, W. Darren Powell, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-334 I Attorneys for Plaintiff Split Steel Erectors. Ltd Dated: December 7, 1995 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO. 95-5249 CIVIL ~9Term CIVIL ACTION. LAW TO THE SHERIFF OF Cumberlllnd COUNTY: To satisly Ihe debl, inlerest and cosls due SlIsklltoon. SlIsklltchewlln S7J 4H4 Split Steel Erectors, Inc., 442 WlIlkllw Court, PLAINTlFF(S) from Mr.Cov Brothers. Inc. 217 Pine ROlld Mt. Holly Springs, PA 17065 (1) You are directed 10 levy upon Ihe property of Ihe defendant(s) and to sell DEFENDANT(S) Personal Pronertv (2) You are also directed to attach the property of the defendant(s) nollevied upon in Ihe possession of GARNISHEE(S) as follows: . and 10 notny the gamishee(s) thaI: (a) an attachment has been issued; (b) Ihe garnishee(s) is/are enjoined from paying any debt to or lor the account of the defendanl(s) and from delivering any property of Ihe delendanl(S) or olhelWise disposing Ihereof; (3) II property oflhe defendant(s) nollevied upon an subject to attachmenl is found in Ihe possession of anyoneolher than a named garnishee. you are directed 10 notny hirTVherthat he/she has been added as a garnishee and is enjoined as above slaled. Amount Due $25,445.38 % L.L. Due Prothy Other Costs .50 1.00 Inlerest from October 2. 1995 Any's Comm Atty Paid Plainl~f Paid 32.50 Dale: October 24, 1995 LlIwrence E. Welker Prothonotary, Civil Division by: ~~ (L . "P.:p... Deputy REQUESTING PARTY: Name W. DlIrren Powell. Eso. Address: Ten ElIst High St. ClIrlisle, PA 17013 Attorney for: Split Steel Erectors, Inc. Telephone J.Ul.L.i.!l.:J341..__ Supreme Court ID No _U'!5L_...._ F 1f1l.ES\l)ATAFlLE\l..1ENlXX"1U)7I).PRA 1M_ created 0912"'0110 11 PM Rmwd 02I14'910915~^M SPLIT STEEL ERECTORS, LTD.. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5249 CIVIL TERM CIVIL ACTION - LAW McCOY BROTHERS. INC., Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the judgment in the above captioned case satisfied and issue a Certificate reflecting same. MARTSON. DEARDORFFr)LlAMS & OTTO By ~ \0~'G-U W. Darren Powell. Esquire Ten East High Street Carlisle, P A 17013 (7 I 7) 243-3341 Attorneys for Plaintiff Date: February 14. 1997 I . CERTIFICATE OF SERVICE I hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle. P A. first class mail, postage prepaid, addressed as follows: Jesse R. Ruhl. Esquire RHOADS & SINON One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 MARTSON. DEARDORFF. WILLIAMS & OTTO Attorneys for Plaintiff Split Steel Erectors. Ltd. Dated: February 14.1997