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Home My WebLink About96-00411 ~. oJ - d' ~ . J J ~ 1 (~ ( ~ J - -. / Th.... A. French, E.qulr. Attorney I.D. No. 393D5 RHDADS & SINDM Dno South Mlrklt Squlr., 12th floor P.O. lox 1146 Hlrrllburl, pennoylvlnll 17108-1146 (717) 233.5731 ATTORNEYS FOR PLAINTIff ICELAND SEAFOOD CORPORATION, plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. NO. 96-411 CIVIL PAUL CARLBVALB t/d/b/a C & Z CONSTRUCTION, . . Defendant : .. .. .. .. .. .. ., ., ., NOTICB OF SERVICB TO THB PROTHONOTARY: Kindly have notice that on the 3rd day of April, 1996, an Amended Notice of Deposition Directed to Paul Carlevale was served by United States mail, first class, postage prepaid upon counsel for Defendant, David W. Francis, Esquire, powell, Trachtman, Logan, Carrle & Bowman, P.C., 114 North Second Street, Harrisburg, PA 17101. By: RHOAD~I6uL Thomas A.~rench One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for plaintiff /ID1197 ',- ,. I (;'..J .' - ~ fit ..~. , . (~ : I ,- . ; (, '. f , ,':] 11.: ,- , ,-; , , " , '.' ICELAND SEAFOOD CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-411 CIVIL 1996 v. PAUL CALEVALE t/d/b/a C & Z CONSTRUCTION, Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: !!TI!!Q~R APPOIN~lENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: Thomas A. French, Esquire . counsel for the plaintiff/XKfMt(IlGKIC in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (arel at issue. 2. The claim of the plaintiff in the action is $ 15,000.00 The counterclaim of the defendant in the action is $20,000.00 The following attorneys are interested in tha case(s) as counselor ore ocher- wise disqualified to sit as arbitrators: Powell, Trachtman, Loqan, CarrIe and Bowman, P.C. and Rhoads & Sinon LLP WHEREFORE, your petitioner prays your Honorable Court to appoint thrae (3) arbitrators to whom the case shall be submitted. Respectfully submit:ed, RHO~~ & SIJON LLP ;:~~~ ORDER OF COURT By: Thomas A. French AND NOW, ~," UAIt..Y I&:' ,19Lz., in conaideration of the foregoing petition, R,' c..J.v../LJ Sn".,.~f, Esq.. ~ t.JJ/Ui Wt=l 1/ d- Esq., and,lJlllbt/JA JU.m~_ .f"fA.!J''l1lSq., ~re appointed arbitrators in the / above-captioned action (or actions) as prayed for. "/1:;7/:)1- I P. J. " ,~ ... ..:l' l-,: b; lr. ""- :':~c~ t; ~.; ~':;' ,J~ :::: -)~ ~~: ,""' "~ 'or' ~(' ,-. '/n (. :~~ U!'-- f~. ...._ -.It' ~.- 'w LJ:::I: ~ i::(.\. ).-, Lt_ r- ::l 0 c~ (.) -- c:> :- ,~: -: " 1-: c.:; ~\.- C' .,~ ~::' .:l-'.-, u:~ 2: A~ 9t' .M;::.J ".-- r") ,-"[/l 0' I j :-~: u...:;- .' ..:/' -' '-' :ilj u:~ I.u !u.. i ~ c:: ,'5 It. \!') c: ";0 J h-) ~ "..," a ~~ ""'=:::.............. ~~ ., o SQUARE FOOTAGE ~ L Main Roof Freezer 5 33,687* Freezer 3&4 27,200* XL Lower Roof Processing & Office Area 40,000 Est, Aoorox. Total 100,887 ~ 32,088** 27,230** 59,318 **(Freezer Penthouse Areas Deducted) * (No Deduction for Freezer Penthouse Areas) o PLAINTIFF'S EXHIBIT 8 ICELAND'S DAMAGES VALUE OF WORK PERFORMED BY C & Z ($SO.OO/MAN HOUR) . ... ... .116 HOURS X $50.00 -. ......$ 5,800.00 PREPAYMENT BY ICELAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15,000.00 AMOUNT OF OVERPAYMENT DUE ICELAND . . . . . . . . . . . . . . . . . . . . . . . . . . . '.0 . . . . . . S 9.200.00 PLAINnFF'S EXHIBIT 9 0' , '- " . . C ,PURCHASE~EQLi.t~iJT.ION Purcha.lng Dep.rtmenl Pl.... pun:ha.. tha foDowing namad ltama: INOCATIIOUAQ!Of IU"",.,., KNOWft Quan~y.. :.,.. " Number.: , 2 3 4 5 6 7 B 9 10 , "'" " " .. ".-," . . "', ..,'...... ":,,' .. h. ',: . , c;t4::;r- Cescrip~on ... ,". ," ,. ", ''','' ) " " . , " NO, DATE 1- 17 . qe:, !!fi!- To b. fined In by Purche.ing Copt. C.ta ordered Crder No. From '\ Cept. Approved ..... ....... '.,". ., .':. . ""':...::,;..:;:,: '" .. - " 0..... '. .j... '..'.. .: ........ 00 ::.: ~ 7" '. ... , . ' I..t..... F;':.~<. 7D5/r-"f f;t~;'i. ~:. '.~" I.;"., ..... ~.,\.. . '.' . :. ': ~ ~.'.;: ..' . . .. ..,...t....,......;....... " ,- -., ;. .....;.... !.': :. ',' .' . ~ . " .' '~ . .', '. ':.,":.',:.:.. :.:,-, :.~.~j..~.. .' "":"". .' ".... . .,' .'.~',::, .:':-'. .:.; ::~ ..J': C&Z Exhibit 2 1250 SLATE HILL ROAD. P,O, 80X K. CAMP HILL. PA 17011 TE~ (717) 761.2600. TELEX 84.2337 F.<x (717) 761.1613 " <:: P.O,' 7Ce<:t3 Icela'nd Seafood corporation PURCHASE ORDER .. - ;-:-. ~.-~'t':-: ..~ r:"'"_-:-~t.'"':..";,,.,.:.ar.;'C).rr...,:,.:;..::~::............n....-.. ,.:;-;:~-=,::,".:r:;'_~.:.~r:..~~:~~1 .' . . V E N D o R ...." ~ j" ~: ':;:; . J .. .'" R F...;F~ co :.... . .:..;',.;'~::;:;:~;: :2f"..ei6 STAlE f\ClAD', , ),-' , CIll'P, HILL ',FA 'pOl1;:-::,' DATE 01/18/96 DATE REOUIRED ~ . ~: l '. ' , '. .~. ..,,;.; . FOR SnOool ReTo'la1/Fao;)a1rnen S H I p SHIP VIA Ic:e1end Se3fc:cd Ccrpcraticr, T o AECEIV.I)BJD( 0liDEA CUIJflIT( CAOEllED OESCRlPTIOII , .. , ".- . ~.~' ,~ . ,:.:.:..,';..... "':,r~. ..UlWl.I TOTAl. . '. 1 e... o-'an~ fer Eno.., P..e.roval ",OC' "'Ef" ha..ll"/2 hr. mit"ailTL!lT\ .....~ ~il=yto plen't .il !)l37.E<) 5~il, ::'0) 0 ~ '. tt: ., \ I..:.) -" I ,/, , '~':;" " '. r -."; '... \,;::.-:':; -.J'-', . '. . ........... :' I -. - ., ro.FIR'I;TIC'l1 IXl N:J'" D.:Ft..ICA1E L'lS/~.~ -.',.f. I.~i':- 11:1.;'''"- -..2::::. ", ~L._c:;. =<J _ __ . - AUTHORIZED SIGN~rURE C&Z Exhibit 3 ACCOUNTS PAYABLE ~ C&Z CONSTRUCTION 4825 Dorry Stroot . Harrisburg, Ponnsylvania 17111 (717) 564-4202 or (717) 763-9888 FAX: (717\ 564-4343 A Full Service Properly Prolectlon Co, EMERGENCY WORK ORDER JOB ORDER" DATE ADDRESS ) TEMP. ADDRESS ) ",k'''D~;''1'''':",g.',''''''- !i,,..t~"'t;r:)Tf ,': '.'.,i'L...-..~-~ "I,'lt,';, ~~\%'.>!!,~E;'OF.S~Ml<(~:pE~F.q,,_~,~D', ,.....,~ ;,,: ,rAiii~'~/SEClnl!iY::~~i ' ,'0 QEBPISR~M,QVA.f.~" , fQFnfr.1L1~~~:i,i,,~),y 1" :i~DWATERREMOVAL:~ ~ 'tt\-l'~,;,~~",. .;, '..' . ", L"''''':' ." ~~~~~~/~~&A~ION(f;'~~~\;': OO"TP"e"MO!pOGERLAE,PC"T' ~;!,-,,~ ~>>~'w~,,~~;:~.rlt~:.'i):,-:,:;'~: :.v;~\r~. ,,', . ,I, , . ,., .! ',j i"lri't~ ~I'~ ,1~Att},~~r}r~~j~ff)f;g,r~R91n'N~~r~ijM'~ ~'_t~;:;/:f,~?,:;,\'1fb'otHER'" "",',' -:' TOTAL PRICE 0 ~OB (AS PER IC~ LIST) ~-ir....;t'.... .~;...~.:"....,... ...._~.....v., ,;., _." .. '. ,,~ " . " .".' SEE AEVE SE PAYMENT TERMS: 0 CASH 0 CHECK 0 INSURANCE CLAIM ASSIGNMENT 0 (PAYABLE WITHIN 60 DAYS) IS CUSTOMER BEING REPRESENTED? B ~~s 0 ATTORNEY 0 PUBLIC ADJ, 0 OTHER NAME ADDRESS PHONE ( INSURANCE CO. POLICY" EXP, DATE , "On behall of mysel',and,the owners'of the above premises. the undersigned engages,C 8.Z ConstrucUon to perform the above work, I understand that these services are provided on an emergency basis under difficult coridltlons, In consideration 01 providing such services. It Is mutually agreed that the liability of C 8. Z Construction Is limited to relund 01 any payment received on account of this work order. " ,;' ,; ,f i ,I : ' : f', - ",: J. J THIS BILL FOR SERVICES RENDERED IS PAYABLE IN FULL Ill! 6(),I?f'Y!3',,-i ,"' ":.-,, ': ; Any sums becoming due from Insurance companies or other partl,es because of ~ualtY to the, pre[nlses are assigned to C 8. Z Construction to the extent necessary to pay for those services, A cOpy of this agreement shall continue dlrecUon and ~~t~o~~lIon to said carriers to pay C & Z Construction dlr!,cyy for, Its lie'1'lces\ .J , The undersigned and tne owners of the premises agree to pay C & Z Construction within 60 days of tlie above date In the event that payment Is not received from a third-party and further agree to pay a reasonable allomey's fee II payment Is not made at the expiration of that time. '!: ' 1 , ' "r ' , " I acknowledge receipt of a copy of this agreement which hes expressed the complete understanding with C & Z Construcllon. \E~E:~ ~ ' ~tn 35; 0 () (), ('J {.,"J C&Z Exhibit 4 Signature: Print Name: Job Done By: 7 DA YS A WEEK-24 HOURS ADA Y THE FOllOWING PRICE SCHEDULE REFLECTS THE FUll PRICE. INCLUDING lABOR:~ARTS AND MATERIAL '.,.. ot. PRICE SCHEDULE '" '~::J " ~ ,- 't' ..... ':.t ..,...,'. !. ~,' 't',., . , ' . / ' , '.' (",(,'.- 'BOARD::'UPS ,;' ,,' " i", ~' , ;" .',U ~ .. ", r.I.!:o. . "',' ; . . ". ~.: .~,.... i! '"' . ,.~ _\. . . ~ - 1s1 Window up 10 3' x 5' _.."""".""....,........""""...... $75,00 Windows up 10 3' x 5' ,.,.,.""", _ , , , , , , . '. ",'.'."""'.,,,.,. $47.00 .....Overslzed \ylndows '(4' 'x'8' Plate Glass, ole,) ..:,..:,:""......,...5125,00 Instllllation 01 Hasp & Padlock '..................,........."....,.. $35.00 Installlitlono( To"!porary Door (Built 'io~!zo' '& Hung) "":.,'...",, $90.00 . ~. .... ~. '. .... .. "4" ROOF REPAIRS . ...0 '. . , " , Roof Inspeclioris":~.,.....,., .'..". ..:.:.,:,:., .':.:.,.,.:, ,':,:"....575.00 Minimum Roof Ropair '.:........,. ,.., ,;....".,.,."",. ,.,., ..';, .5125,00' Average Sized Roof Openings (Approx 3' ic 4') .,..,."'.,.,..",.,, $175.00 Ovorsized'Rocif'Opehings (Approx 'so x' 8') , ..:. : '::'. :':.. .. '... .. .. .. .. $300,00 , ,. . j ,~t..... . .. WINTERIZATI(3I)JS'-~" : , '....e. ,~~-:,'...._._.. . 1\, .. 4'" Plumbing System (AV6raQ.e Slngle:r&mily Dwelling)' ................ $175.00 , Heati(lg System (Average Single ~amily Dwelling) ,.,.,.,.",.,.",. $175,00 '" - ... -Commercial Jobs",';".\ ~ .;:.. ....; .:',';',;.. ...... .,.......,.,.. o. ............ By Quote ,t . . ',' . _.'.. #. l,.t. " - , ; SMOKE'&,- GDORi REMOVAL , ' .' .~. . '.' l; .! ~', , ,Average,~I(lgio i="mily Dweiiil]g . ',.' _ ",:~,. "',~ , ....~:.. , .. . , . , . , ',' ... $225.00 ,Comme(c1111 ,lobs ...'..:. '",' . , - '.' ' , , , ,.,. , : ..',': ' .,' , , , . , , . .. .. , ',,", ': ,,!:IY Qu~!e, , , WATER REM~VAL .. -'......, Basoment "Pump.Out',: (Averago Slngl" FamilY' D~b'ing) , ..' ..'.,. "" $225.00 "DEBRIS REMOVAL- "'- , '.. ...~. ". ..... ..~. .... " , . ./::' " , ' .. L...... '~'. fit . .J ~~. . , " ," I' :' ,.' ." . ., . '.' ;.' ':'. ~ . . , .1.1, :'.-: '".,"- J':~Mfnfmum Oebris'RemoYal~;,';~"~;':;:;,;; r;'o:;;:,,:~l.:',..,..'~'~':-,.;:': .-:..:':':~ ,;,-;-..$350.00~" ,- -.", ,.r',.. : :,,':Clean Outs ......... ....... .',...,......., .,..............,.,........... By,Quote . '.. ..;'. ELECTRICAL WORK ';'lI ~"l?rIFe I~ B~s,ed pn rl~~& ~alerials . '\,' ,':, ,(this Includes Permlls &'Uilderwritlng) . , . - ..... ~ . . ,; .... '.. " " . . ~.', . - , "'1:'.<\':',',.. " ..... .-'.,','. ; . .it,," ". ,'1:-" '. : ", ' . . ~ . . 'd ,PHOTdGRAPHS . r.: .: REWARD SIGNS , , . . . . .... . . . . . . . . . . . . oo.; ..'_~~_~'.. ..:No Chargo . ' , ,.' . .. . . , _ ":."L .. . '...... .'oo~.oooo .....-..oo ... ..oo-.... oo.._..oo .,No Charge , , ":'1 . .,' ,. " DISCOUNT POLICY A 10~. DISCOUNT IS ALLOWED ON INVOICES PAID WITHIN 30 CAYS '''~ ::';\.";' " ,'p ,-..:, .-: "" '.1'" ill" '. ~J '), t~ :!1~2 "- ,I. "':11 ~ i. "f.,' '.:' '(;!1'. I;, ", "I:. '. ....,.; .. .' .~ .... - ~. ~.~ l r~~\i~((.~~~,lt..o;wi"l"'''~.' '\/~V.., ..~",'~T~yn~~.-., -~~~-'c;.;~I.;t~~\.r'~,_ '-' ~"'",,-'_ ~ C&Z ~~ CONSTRUCTION ~ 4825 Derry Slreet * Harrisburg, Pennsylvania 17111 (717) 564-4202 or (717) 763-9888 FAX: (7171 564-4343 A Full SefYIee Properly Pro/eel/on Co, EMERGENCY WORK ORDER JOB ORDER II ADDRESS -Ir :G )?~/ ) PAYMENT TERMS: 0 CASH 0 CHECK 0 INSURANCE CLAIM ASSIGNMENT 0 (PAYABLE WITHIN 60 DAYS) IS CUSTOMER BEING REPRESENTED? B ~'i: 0 ATTORNEY 0 PUBLIC ADJ. 0 OTHER NAME ADDRESS PHONE ( ) INSURANCE CO, POUCYII EXP. DATE ...i...., .,:....... "'.:~" -"_' ... . . '., _" . ..: .. . . ;';':!.:'f";' On beha/l of mysell and thli'oWnersof the above premises. the unde"lgned engages C & Z Construction to perfonn' .j; ;;'f ilili above' work.' I understaild that these services are provided on an em9rgeney basis under difficult condillons, In ., , , <"'eonslderE.llon of providing such servlces,ltls mutually agreed !hlu the liability of C & Z ConstlUctlon Is limited to refund. , ' f nt lv' eel nt' fthl rk rd ",,' ' c ..,""',, ,; '.. ',' , ...., ',,', .... ' .0, anypayml! re'?8, onBFCOu o. swo 0 er.,:"""", ,;'.1"" ',,' .. :' ,::;',.,,;., ','i:" -:'::',~J:;:' /::;~~~~:~\~?: ,. ,... ,THIS BI~FOfl Se.~VICESf.lEt'!i;l!~":!~P !~.!'AYABl!=IN ~U.I~.60I?A)'S,. '..~~..;.~,:, '..,',.. >.~. '.'. ' .....p~!i';'-~.h:','-i. ~~~~y,~u.ms. ~mlng c!ue frol!1, !ns~!!!!.ce ~mP9Jlle8 or<1~r par1/es b!l~.!e }?!,~aIty to the premises are"f.L;!.\;::~~ :r:{i,-"""",Jq9.M~to.!J!!..~~J!\..._.,-_~,i;I",,>,,_?,I'Y.P(~ .....~..~ '!l.<, ,CO,nti'!.~e..c~I~<1n and authOrlilitlon lei saJd,~,I}~l'!1.to pay,.C.& ZConstruc.t!O!! .!f1~8!:llY,f9~ J!ll,l!E,lrvlceS'\:'::;:~;i~;oI.,. 1 :~,~ ~',', Th~' y,nderslgn8l! and the ,O~,l!.~ ,!'!.!I:lli., prel)!.lse_s agr, eelci p.ay. C, ,8. Z ConsliUctlori wlthlri 60 days of !h,e abOVe' d~e. " "'" in the event that payment Is not.recelvild fiom a third-party and further agree to pay a reasonable Bllomey's fee II.}?:" . ' , ~ I' ~#jttce~~~:~;ea~:c~~~~'~~ii~~ !g~~~~;~:a1;1~k-ili~!~~:!~:;~::::;:;~~~:~~~~~~~~~.~.~ C '&' Z Constnictlon.(k-:'~""~,"':' ....".~.. '~'.. ~':~--r(~~~~~~;";-':"':"'~~-i~~"".~"~':~~"':'"J'..~::,~..~.~ 0"", ;.;~.l,'....';'- .~. . . 1Uo:...- ,."':..~;{...~.}j.::l. .~":~;..l;j-.::4.r~.~l-.~f$~f\'io~~i;i:_<~..t~~':';tt~;~';~~..:..:J.-::-.,....~;~.~1~.._'..~.~:.i!~\~~ ~ ~MENTS: ~ '~. 1f ~ \j r~S; OCJcJ, () tJ ~"" "'~~. .. ~.. .' '--~ .... Signature: ,.'. .. Print Name: .. .--! - . : C&Z EXh;b;t ~:~.:' Job Done By: ..i. r ,- .1Il TIME SHEETS I TIME SHEET SUMMARY W~D.1/17 IlWRS. W8. mrAL 1. JACK ALT 13 8 21 2, MINH DANGI 0 0 0 3, PAT BRENNAN 13 10 23 4, CHUCK CRONE 12.5 0 12,5 5, BRYAN LOVE 13 4 17 6, CHIP BECHTLY 9 0 9 7, DAN ROZZI 11 10.52 21.5 8, DAVE FOREMAN 0 6' 6 9, JOHN WITMER ....L.. --2- 6 TOTAL 71,5 44,5 116 HOURLY RATE PER MAN 301.72 HOUR AT $35,000 Footnotes: 1, Worked at other jobs, not Iceland, 2, Other jobs. 3, Part of 8 hrs. spent at other job, No time reduced for lunch breaks, PLAINTIFF'S EXHIBIT 7 '\ ,... ~ ' .- NOI'-o --_.::__.;..-. ';.",,,..~/ A.;.. ........ .. ~ WEEK ENDING In rOO Oul 3: 0 :J In Q. .. '< Dul I... lI\ .II ~n In .w.:2 7 50 Oul c} CD In ~ .. '< I.. ... 4 q8 Oul In ~ 5c...f'o Oul Q. ::J CD In .. Q. Oul .!:l cr 50 In ~ rs~ Oul c J ~ .. In Q. .. '< 'i '3.;; Oul In I Ii" '/f.3/'Mf Oul ~ a: In '.. '< Oul I INYf In 16 AM en Oul .. C ~ In Q. .. '< ~ 3fn:1 .Nt Oul In Oul en c ::J In Q. .. '< Dul REDlFalH ..u60 .. . ""..", : .~, . .~ .. -' ..' .. ':;'EXH I B I r:: l::~;~~ j;ilVi:~\i f.o , !..,~: ~7:.bff81301%' .. , .\ ...... . . . t.:..". ---.......... r" k ..s c; c ." WEEKENDING DATE: / .' " TOTAL HOURS: REGULAR O.T. f I DAY TIME IN TIME OUT JOB NAME WORK DONE FRIDAY 5 ';-rp"" t; " .s '1' II /'< IA.M SATURDAY (;, 3'1 ~ a.. ..,11" e ,r oS' (0 It"'" a.- 9. " u::J MONDAY ~i) t{J& G....11' e(/' SO ..... J f", ()W TUESDAY h 'f- "2- ,/00 t( ;r) 1'" WEDNESDAY 00 1Jo -:;; C f.. L Us e THURSDAY f"" 0 i(3u :r~ L t.-~lA.e TOTAL HOURS FOR WEEK ENDING: 50,5 . TOTAL /'4:;> 7-!;. ?' 7J /8 <;? /3, S- v', 13 50'.s- _ e o _ -If '2' S- ..,.-- , . -:X::t1M MiJlJ./ tolo. Ji4Nfn - - - tlAlAE I~I ~ -'iv ~ - ~EK EIIDltlO \ In , OUI ~ .~ ::s In c. ! ~ OUI In -l OUI e III Ul In c. ~ DUI In ~ OUI c. ::s III In Ul c. OUI ~ In -l OUI :r e - Ul In c. ~ OUI In OUI ." - 0: In ~ OUI In . 11l OUI e. e - In c. ~ OUI In OUI CO ::s In c. ~ ouI ~~, 4111.0 .,. ... - . . .. , c . " "- _.It...),.,.... :t' . - :". ~.: I . -...-....--.-. ... - . / " , " , 111#11 "&E: ~IIII f)AI/ W' ~ DATE: /AL HOURS: REGULAR 0.'1'. / ",; ,- ,.I" .;" DAY TIME IN TIME OUT JOB NAME WORK DONE ,j' ,"~ , ; S lof2HA-1I I ,- FRIDAY /~ ,', J< CJO I~Ot::J I SATURDAY I:Ot::J ~:a:J.:> tP'ff eR.5 S- 5 Nt/ MONDAY :~O .I., '3 ~ 'JJH(~ ? TUESDAY r:()~ LF::; t::J f~()f1J J g , WEDNESDAY 1: O&J ).f ,"3 0 FRO;';! ff \ THURSDAY ~ ;0" .:s;'OCl ~'l'V1 It? 6:;0 VcR H()ff TOTAL HOURS FOR WEEK ENDING: C;c;- -- , l , -----..) 1K1./cJc... -.--....- ..-" -- -.-" \ ~'Al M '_A ~ ..-... r \\ ~o: - \ \ i , \ 1 ( ,~ tl~1! V41!'" UlDltlCl In , I,~'" "7 ;;; ~ ~. oul ::I In 0- ~ oul , - '-- In ";l>> -~ , - oul 2 Jd;"'~ CD In ~ ~ )p.o.J ~ '/ ,. oul In ~ ~..~ (:''1 ,0 CD oul 0- ::I CD In .. 0- oul ~ ~t<~ ~ -r'" In -\ ,\,," ~ ~ oil oul -:r c: ~ .. In 0- ~ ~"" ~ &'" oul In ).il ::( 'S 7 Oul 'l' - 0- In ~ oul . 1:.. ~/ ~ In J~~ \0 t9 lJl oul 1Il C ~ In 0- ~ JNl'" 6 ~~ oul In oul lJl c: ::I In 0- ~ oul ~fU~ 41\160 . . - -,' . J / ~- , /' EMPLOYEE NAloJE: WEEKENDING DATE: TOTAL HOURS: c., Y li-' /j;l-ep,vk~ 111'I/1v REGULAR Z1JJ 0 . T . ;;.. 'I " DAY TIME IN TIME OUT JOB NAME WORK DONE TOTAL FRIDAY q A-"" lO~ '5 I'll ....J - 17 ' I ./~ I SATURDAY (, ~ j,vOW- ~ , fO , , u~~ ~ MONDAY <(' c,' ~Nc) W ..,. <r '( , c)f/.u5 TUESDAY r 7, ~Id boJlt-j L:ec..{<..;,.) ~ l( ~tth-~ <if WEDNESDAY ~. ' 3 Cf IJ THURSDAY l' U) Id TOTAL HOURS FOR WEEK ENDING: ", j . " ~"';': ....~ .~; .,:. : .t" .:or'f""" '\l'.. ...~~. __.e.~,".I.. i.lI': ... ..' \....1. . I NO. ~' . , ' CJ./(,{~k ' (?ell-W:: , ! In JAM~~oi Oul ~ 0 :> In Q. , OJ '< Oul I, '^ J1_'Ii In --. , Oul 2 .....- ... On CD .. In Q. OJ '< J~:3o Oul In ~ _'?: 3'0 Dul Q. :> CD In .. Q. OJ 21:30 Oul '< In ';} Oul c ~ .. In Q. OJ '< Oul In .Iu'" A 28 Oul ~ is: In OJ '< Out I~II,., In 11-0 le::$O en Oul OJ - c In a. OJ '< CD ::3 7 Oul In Oul en c :> In Co OJ '< Out I ! ; , " , . REDlFalM ~IO ~ I ,.".". . )-:'. .. .' EMPLOYEE NAME: (j;.;/If.,C,/r- ~~ WEEKENDING DATE: t-/f-9<a TOTAL HOURS: ~I ,.$' REGULAR 'If) o.T.2..I,5' DAY TIME IN TIME,OUT JOB NAME WORK DONE TOTAL FRIDAY <6[/9 d"", I :8-0 ~~ $/V-t>-t".,; },7, 0--. SATURDAY 10130 J~i 3D 1M 5tJ6tJ lj(;e> MONDAY <?-.!.o-o ,to::31J> 5N6'W 'l,o TUESDAY ~~~' , Jf, :30 \ GO'-PBe~6r 8'.0 " . . '.~ ".r ,. WEDNESDAY ~~3o ZJ ~:3 0 SA.)&W IZ~ 8:H ~ ,30 'St-Jo...- ~ '6,.0 THURSDAY It!: ~ 0 J'f;:.3D 6ol..-p81tY!k- TOTAL HOURS FOR WEEK ENDING: ~/, S- . .. . . EMPLOYEE NAME: 6r<..{(}t"'t T LlJUe. WEEKENDING DATE: 1- 13- qc., TOTAL HOURS: O,e., ). J ~. qc, 4CJ 0.'1'. Je.... REGULAR DAY TIME IN TIME OUT JOB NAME WORK DONE TOTAL FRIDAY ~r ~OM. ,I 9n.... :Gmc'"Bo "c.~ S~""J 5}Jq ':'3~ A"v SilO SATURDAY a : to pI'\., ~""O"'J4"c.G S" /'lo!)""; ~ MONDAY a:oo 4:30 LVh,' ee ., ,.:",- <a' Ho. II TUESDAY 8':00 '-w:i:J ' whi -Ceo Tr I n..... a Hal{ WEDNESDAY '8':00, ~:oO :t c..e Janet S ()OW ~"sl 13 THURSDAY <a:OO (;1 ~O ~c.c.. lord It oS IiOc.u ST:r" ba:;rd c.J 10 tJerl)O TOTAL HOURS FOR WEEK ENDING: 5~ 5t. . .~. -. " 4lI i --.-. No. (.t,,; ~~ ,14' In "'-'" Out ~ .... - . ;~ : 0 :l In c. Ol '< Ja.. It\~ ,. Out In I, ... ..:Ui ~ -,- ~. Out .. III : In c. Ol '< Out -,. .... -"Lli.U -.... In ~ . Out c. JAIl:";' II~:' :l .. In III c. Ol ~~ Out '< In -l Out :r c ~ III I r , In c. I Ol '< \ v , Out In '1M'" 3l2q .- Out :t1 c: In Ol '< Out .11M'" II Sq In en Out Ol' C ~ In c. III '< Out In Out en c :l In c. Ol '< Out f I . , NAMe weeK eNDING H~'''JIJ . REDFa1M ~K260 .. 't : ~t.:;J/ " EMPLOYEE NAME: (.J,'1,pbt"r'ff.-. WEEKENDING DATE: "-""'"4..t.:.,.~ .,;' , -ir,' . . . .... . ,,: , , .t ,j'" . . . , . :~ ~:: ~i t TOTAL HOURS: REGULAR' O.T. DAY TIME IN TIME OUT JOB NAME WORK DONE TOTAL FRIDAY ~ :5now SATURDAY MONDAY ~ fU~q/ ~ if; 3 () TUESDAY -iJile 0 ~ 5tt. oetJ WEDNESDAY , ~( I(!)O S If. Gt,J ( i '(tt:C) 1/ THURSDAY TOTAL HOURS FOR WEEK ENDING: " ;{C(. . '. . . .-:-' ',' " .J ~M~~ . ._.. 1:;' In """- ~ !l:: - Out 0 :I In a. II> '< Out .!All ~ .3. S2 ~. In Out 2 III .. In a. ~ Dut In ~ .!All!::: 9~! Out a. :I In III .. a. Out III '< 7' 'X.J In :ntol Ii <z': 1m ~ Out c "3"..)111 t.:Jt:l ~ .. ~~ &':'1 'I In a. II> Out '< 11- J :80 In (j't Out :!,1 {t ~'J a: .'f-r In ~ Out J~6 In IOtFO en Out II> ~(fJ - - c In a 'i-' .. '< lP3c) Dut In Dut en c :I In a. .. '< Oul IlECIFalM 011(260 NAME WEEK ENDING . , 'i . . EMPLOYEE NAME: ~O~ ~~~~ WEEKENDING DATE: TOTAL HOURS: REGULAR 5~ . O.T. I DAY TIME IN TIME OUT JOB NAME WORK DONE TOTAL FRIDAY (, ~b 'f'$ b 1 "SNO'ltJ /'1 }ItA '30 "tI' SATURDAY ID It'3D S ~6vJ ~ MONDAY Y? t( <1 tJ () "J '7Y1- oJ TUESDAY S,J WEDNESDAY If) 9 3D S!'l~ .n THURSDAY <? I '3 {) ,.'" 5f'J ov-J Ji TOTAL HOURS FOR WEEK ENDING: 5t . ,." ......l.~_+ ~ ,'. .., ,j', ...._-~ ~ ~ !1J1u'1,y. .I' , :-tAME 1....19"q~ WEEK ENDING In Out 3: "U- I roo 0 ::I In a. ~ Out I.. '" 4 lio - In -l JAJ - I ~~ Out c . co In a. ~ Out I,.... A ti~ -V" In ~ 1.....1103 Out a. ::I In . co a. Oul ~ 7:00 . p.11- In ';) I, CD .. i:; Out .- ~, c ~ co In a. .. '< ',..CD ~ ~-:i Out In I.. N R 23 Out 4' a: In ~ Oul JAW!:! II 51! In en Out .. - c ~ In a. ~ Out In Out en c ::I In a. .. '< Oul . REClFalM AK260 .. r'. .. ..., I, . I' . .' . .', ~:,\i:'.r . .'.' , . .' . '. '. EMPLOYEE NAME: 'bA'vE , Fb~"" A-V WEEKENDING DATE: I / I P /9(, , TOTAL HOURS: 38' V2.. hrrs. REGULAR.:JiI '1~ k.es.O.T. " DAY TIME IN TIME OUT JOB NAME WORK DONE TOTAL FRIDAY 'i',1 j() I~ .'d d r/oJl W 3~~~ 0- ',~ SATURDAY CJ r:,::. . MONDAY f:'/.IJO t..( :10 ~H~ HI\Ll ~(l..'f~A'-'- ? ~ e') TUESDAY '6'": () c) lf~Jo tJ 41~ t414t.t. Qf.. Y lit &1-<... fn~ pttl~"~ s'J". SN4W WEDNESDAY It ~c)o 8:0" OA-I'- D~, c; 1Jt<r; Cl\Jtl'lp H IIJ.. THURSDAY t~"c> ~',3d, :rc~v11<10 fU1~ $)/~~ / () ;, flQ.. # ~,v-'O'''''' 0.<. ~~-e TOTAL HOURS FOR WEEK ENDING: 31 y~ ~~. . " , ,,.., y ~t ,,~ ,~. ,;" .o~i ' ' ,~ ~ .1::.. ._'.- .'..~ ~J A . ~ ....:.....~,:,;~".. ;..... I j I ~ No. . -:J 6l.L/N' W uJi 1Ne7? NAIolE WEEK ENDING Ni'.9(, In .- Out 3: .....- u:,,:, 0 " In Co ~ Dut JAII~ 4112 In . -l JAIt;.. I :!~ Out c CD co In Co ~ .. Dut ..... :1 ~~ In ~ Out Co irE " In CD ... co Co Out ~ In J.. CD 7 q2 -l Out :T c ~ co In Co ~ Out JAIt ~ !i ~~ In I.. N 0 n; Out -n . . ~ is: In ~ JAII~ 213 Out In III Out CD - c In a 1\I '< Out In Out III c " In Co 1\I '< Out ;. . AEIllFOllM 411210 . . . ., .. . EMPLOYEE NAME: (ll) fill w Wlr/7r:r~ WEEKENDING DATE: 1- (/'- 9 J -- TOTAL HOURS: , / O.T. 3/ REGULAR DAY T!ME IN TIME OUT JOB NAME WORK DONE TOTAL FRIDAY oJ' H~'t:(. .$'#1'" . -t. ,,~ .J'~D <<I 40"""""'- f(JJO ^ IJ SATURDAY MONDAY '-{3d ~ ~ 76 ~ JO ,d 11 &P &f:Jr}} ';;7-::- ,e.J. ~ ~ -- .,}.I- ~ TUESDAY y~ ~ .:J P )'1 4'--1 I~ WEDNESDAY Ie. R"I/()S 0 c..vo If I( If t)o t-'J f) /31.4I>1P/c. JI "'~,.) ,fP'4"+l.. 6 'THURSDAY IlJ ~DlltflJ oP .!1,,,tflJ V/ Y I/ul/""II $7 TOTAL HOURS FOR WEEK ENDING: 1 I . ,. ., ,," , ' " , ", ", ..... " . .". . ...... " ~ '. ..... , . , .' " Cjd!,lJRC.t.lA~I;;,~Ec10 i,SI.tlb~, Purchasing Department Pin.. purcha..lho following named ltama: lNOCATIIOUACIlll'__Y~_ Quant".., ,~i'" t'H,.~'::., . " . .,-.,~l~~d~'A., ,1tl,..'-l.'C.'_,~_:~o\l ," 2 3 4 5 6 7 e 9 10 '\ "'" . , " , ,I' "" ',' "',< " . .- :, . ;' . .: ~'" .. ....1 t, " O. .,,~~,:,,~ 0:;':~"':'-'", ." :..' ',: '7" ~ .... . .~ . '. . ..... ". ,d......r- D..crip~.., ) . P3 .. !!fi!- .' ..... " ," .. NO, DATE 1- 17 . '1e:, II To be fdled In by Purch..ing Oopt. Data ordered Drder No. From pi. Approved ',' ,..:.......... ..... ',-' ""'..:-. .. '.": ". . ..... ,"::: ....:.. . ~; :.,. :-:.::,', :" -;:.:' '.- .' . h .., >- . .. '" ";'."~' ". ..' .:.. ".-: ~',:,',:,>:,.:."",,' ., . - :.. .:...., :....:::... .:- ," "' ',':.,t .: .,' . '~ 70':; Ir-"f '.. I .\.:.r~~..;....;.....:,;;.. -', ..',' ,~~.-.:.;...... .:.::~.:.; . . ...' :" :~.." ". .', . . ".. ..... , ' ~.. . ':'-;',"-':" " ". C&Z Exhibit 2 .. .' " " 1:./'.:'..:, t::. to,;' !\l!~.~. I-",\'i:. ., '" ~:. -:".., t'..;..~~~; .~. '. ".': ~.. " "" ........,.: ......... AJllal>o<.~ GIla yell, All matotials /) .,/' ~Iiiicl'e< "",""..Mot'. .....anly, , ~ Home 51#~-Dli.;L ~ll.UL. , ~ eeoopcoc",h~1n mob" 4ql. .1...0 f...~ ~~T~!ON Ot~, c e ~~ ~ _ ~ ~ 0 ~ 482$ Defry SIt..1 * Hettiabutg, Ponnaylvanla 17111 17m 5e.,4202 Of (717) em (\\o(!,\~ 'i'l,-~, 'l..3 Dou(,. FAX (717) 5e...a43 ,~ ,UIII&lmDTa Stroheman's Bake .T>lUT paxton Street " TllIa pr_' may be wi_a.." by u. " not d.yo, _lied Slgnoture - "t'a/15/96 JOe~"IC" "TV, ,TATI AND>> c.cxJI. Harrisburg PA 17111 - ~ WtIltfeClrr......~ - ........___ C&Z Construction proposes snow removal at the paxton Street, Derry Street and garage locations on the following per storm basis: 1" to 5" - 610 to 11" - 12" to 2410 - Derry St $270,00 $398.80 $510,00 Paxton St $405,00 $598.20 $765.00 Garage $236,25 $348,95 $446,25 In excess of 24" would re9Uire front end loader, This is quoted hourly rate of $6s/hour w~th operator. Snow is not removed from Dumping area to be made available. If snow removal from sice is dump truck time is chargeable at $45/hr with operator, Snow removal from roofs: 12" - 24" $.35 per square foot 2410 - 36" $,65 per square foot C&Z prides themselves on maintaining quality machinery, C&Z will be there when you expect to see us with no equ~pment headaches due to the best equipment available and highest standard of maintenance on that equipment, The following machinery will be utilized in the 1996-97 season: 97 Dodge Ram with blade 96 Dodge Ram with blade 97 Kabota loader John Deer 420 diesel with snow blower Several dump trucKs New this year - snow blowers with 3610 buckets, 14 HP with blowing capabilities of 70' to 120' , Salt spreader available upon request. however price not quoted due to fluctuation of salt prices, There are over 16 employees on call around the clock as necessary, C&Z prides' themselves on customer satisfaction, We look forward to working with you this season, on an site. desired. Wa PropoH hereDy 10 lumloh ma10fIaI and labor . complele In oeco,danc. W;\h al>D.. opllClftcatJono, lot 1/10 aum ot. S On I\lII\&I Of If'IYtelII W "" o-IWIliI......... pNftlMI. ......................,.,.. C , Z Conm.doOf'110 pam.rn. ....c..e ___ ...~.., III"...,.. """'~.."~' 010""4 INl "'" ~ ofC I Z ~.Ihbo."'" CII...,,.,...,.~ G'l8CCOlolr't DI"'-1IiI'OR QrMI. p.,....,.. 0\lIIr'lt. 2'''' Depoec,IWo 11Ift t-.........-. as,. _K'OI" ......-; ., . ~ Mr twf'lI1iJlICorninO.... "....~............. __~ oI~ wttw ~Ht II....."*' 10 C I Z~ 10......,. ftKM..,... to,., tor ~ Mt'oCU Acoty 0' I"" 1ilI'.....,...... ~..~ ani ..........tIlI M/IlIcant.r.......,C I' r...r.wa.....taIf tor It ~ no. ~....... OMWI..fw........... Ie,., C' Z ~...., oooe" ar .....1iIIICMI oaa. 1ft..........,.,....... NIf f~ ".,.... ......,.".",0 ...,......,..... ~, ~""""",,,._,,,,""""""'~NI"", f 1tCl,...,.""" Of. -...........................................~.... .. C ,. Z Ct....A. .A1.._ Zll 39\1d . ""........ ~ _ anMonI.. ........, 1Nl.' '*101 lCU'PleG ""'" art ......utili.. fa "'.... .. ~_ ,.JfNIl'C.... fNlM .. ~.... , fLl.~ Signature Data of Acceptance C&Z E:lhibit 6 5E:611 966t/5t/tt cela,nd Seafood ~orporati.on, ~URCHASE 08DER ~,. '......~ '~',:". ... .. . '. ": .:;1.:.: .'. ." .... ....':'1 ~. ... ;.. ..... . ,":/.''':. ~ ..... ......,..' ..'~ ~. .0 250 SLATE HILL ROAD. P,O, BOX K. CAMP HILL. PA 17011 TEL (717) 761.2600 . TELEX B4-2337 FAX (717) 761.1613 p,O, . j((517 V E N o o R . : .~",. ',''- :.: ; -< '.\l'~;' :'..~"!'y: C & Z OJIlSTIu:TIO'l 'i'~,'~;'.' i,';: 4S25 ceJ;RY; ST ..,' ~,~V;:~:-;~~I.\';: . - \"'. ,"", . ~ISElFG PA,.'..' ....... .-. DATE 1)1/18/96 R~1'L'RED 1117/<::6 ","d 1/18:96 /... " - ':. '" ':' .'~'-~'~-~'~, ;:"" .:~"~;; FOR !InClo' f'eo'rO"".1 / Re.;Jel,r.;;n 5 H I P SHIP VIA ir.:~l LInd Si:C\~ccd ~O"'~,t.";:"" .... T o tCEIVEO'BACKoRoER ~ aJAHlTTY.OROERErfi,' DESCRIP11ON._~'jl :'~r,;.~",~""':'I~.:tt.;',:'!,,,,~.r >:~~"!'::~Y~~1.,*:~ ':~J;~~~~..".i. '~:;...:~_ PRa'. ;~l"~" ".; lIW~ TOTAL" To I'ooove snow (c.pPf'o.-:, lc;(l.(~Jl) sq ftl oH plant ,..=f - not to e:,eeed 3O~C.N.()() o:J\Flf;M!\TrO\l 00 rm lX.FUCATE PLAINTIFF'S EXHIBIT 4 ACCOUNTS PAYA8LE ~(~ ?~r_ ;:zHORIZED SIGNATURE 1/18/96 . 0040868 ; , , Iceland Seafood corporation ,"' , I~ Sial. HIU Rood, Camp HUI, PA 17011 ,:' voIca (7l7) 70l.2eOO rax (717) 701.1013;< ,"\ '; ~ . . . . . . 960100481 1/23/96 1(17 ,SNOW RHVL FRZ,4 1.120.00 ,., 1.120.00 , - , , , . . ., . ~ - " , - , , 1.120,00 1.120.00 L: " ,if , ' .. .. " .~ !. Iceland Seafood corporation MtlIonBank(E.al)N.A.,PtuWelphll.PA 0040868 P...'" _" ...... ....CCE) NA, w........... DE I~ Slala Hln Road Camp Hm. PA 17011 .,~ -rn- NON NEGOTIABLE ~~:~'9 6\ oIIiTi:'it-"II[.IUll 1,120.00 'fO!daf'..,SlOd,ys pay to Ih. order of CENTIHARK CORPORATION PO BOX 360093 PITTSBURGH PA 15251 ci<!JU1jzL -Rado.n~ PLAINTIFF'S EXHIBIT 2 10020RCC: CSN.,'M.'RK. D,Uc.lllAL INVOice C.nllmlrk Corporation 1.800.558,4100 NUMBER REMIT TO: P,O, 80x 360093 PillS burgh, PA 15251.6093 INVOICE CATE JoeI/O, SOLD r ICE00105 -, SHIP TO ICELAND SEAFOOD CORP, TO ATTENTION. ACCOUNTS PAYABLE p, 0, BOX K 1250 SLATE HILL ROAD L CAMP HILL PA 17011 .J "ou.. 0_01. """".,. SIGNATURE NET 10 -- TIME & MATER COMPLETION DA ~ ' 1-""'\ j" -,. .". .,'.. ..~,~~ '... . 960100481 01/23/96 TA960527 -' ~:.,t.;' . .l....". $I..,. .. S,'d TQI ...,~ "'I" SUB TOTAL INVOICE TOTAL ,J~ ~ --C' "SERVICE CHARGE OF 1-. PEA t,'Otl'iH A:>OED TO ALL PAST DUE ",,lOUUTS /f '''Le'M".. HANR0105 K I.aWRV - !~~:PrucEX<.. ..",' .~~ I" ~.' 'I)'. 1,120.~ 1,120.~ 1,120,e celand Seafood corporation "': .' ",' .~~ .,"'.' ~ , .,'<<:' , ,ot-. ' 50 SLATE Hill ROAD. P,O, 80X K . CAMP Hill. PA 17011 TEL (717) 761.2600. TELEX 84.2337 FAX (717) 761.1613 PURCHASE ORDER . . ,.: ,,' . '. J! P,O, . 7':1495 V E N o o R .- ,,;,, CENTl~ CCF.FtRATICN FO EOX 36((l93 PITJ'SEl...F.C..-l PA 15251 FOR S,:;c.J 'e.TQ.'~l/ Ed F!~'9Gl r;.;,r, DATE ()! / 17/:;6 DATE RECUIRED. '. _, .-1,'-":'0 ." )/-" ;, SHIP VIA 5 H I P T o Ce"',t:.,.loi:-';~ ="--.)"p. Ic:~l..,.,d ~1l;:C:.:cj Co'P::<"iltlC:n , :CCl'@~lCK ORO=J1 CU\.'ffilY ~EilEO Of~!p1 'T- 0'". . F;;;GE Utll.l TOTA!. "~ - ," 1--', , -. ~ ~~' "em:r. 'n.4:JW -ir'u:l F--r"e-e:;sr- ::c:.f il4 , ~q ,~ ..'.\ J "" 5/oU)' Ie ) . /)/...... ^' z. /....'''5. €f' d.. \).JOt'1t. ~ c.o~ \In\~1o .- ,~ .. .. " , ' - ". a::r,FIFffiTiCl\l toJ tDT rU'i...!CATE 1/17/96 ~/dir AUTHORIZED SIGNATURE ACCOUNTS PAYABLE ro ,'',JJ .1''; January p, 1996 CENTIM.;Rii. I E,~CI:LUNCE <~> SINCE J 968 ! Mr. Ed Regelman Iceland Seafood Corporation 12S0 Slate Hili Road Camp Hili, PA 17011 RE: Snow Removal Dear Mr, Regelman: Conf1nnlng our telephone conversation, CENTIMARK CORPORATION will provide labor and equipment for snow removal services beglMlng on January 17, 1996 at a rate of $40.00 pcr man hour, CENTIMARK will use the uunost care to prevent any damage to your roof during the snow removal project, However, there Is some obvious risks when'pcrformlng this type of work, CENTIMARK can only be responsible for damages caused by gross negligence, The following Is a list of snow removal techniques CENTIMARK will utilize to minimize any risk of damage: SNOW REMOVAL TECHNIOUE 1. Set up all necessary safety equipment. 2. Use brooms whenever applicable. 3, If utilizing shovels, we will not shovel down to roof level. 4, Ice scrapers Dr other tools used for chopping ice will not be used. S, Snow will be removed only In areas spcclfied by ICELAND SEAFOOD CORPORATION, If the above terms are acceptable to ICELAND SEAFOOD CORPORATION, please sign below, giving your authorization to proceed, Thank you for your time and attention to this matter, If you have any questions Dr concerns, please f~1 fr~ to contact me at 800-433-1085. Respect~iy sub~, ~ ~~-c:;:: ffr- , Marlc A. Coopcr Senior Regional Manager Authorizing Signature: . '~ ~y Iceland SW , , Date: 1- 17 - '7~ Centlmark Carporatlon 25 Ullell Dril'e, U'I/I 100 . Camp Hill. PA 170J 1 . 717.73H750 . 800.433,J085 . Far 117.73J.4158 24 Hour Emerge/ICII Acce.. Notionu'ide .800,558.4JOO .~ ~-~~'~i~!L.""~i;.~.. .~~... ,~".'~.;:..;-r=n~~r,. ~~-,O*....l1J'j\:W..;1,,. ~ ~r......f"t\""' '"".- t~ r, ...-._ ~ C & Z ~~~i. CONSTRUCTION ~ A825 Derry Slreet * Harrisburg. Pennsylvania 17111 (717) 564-4202 or (717) 763-9888 FAX: (7171 5611343 A Full SSIYlcs Property Prolscllon Co. EMERGENCY WORK ORDER JOB ORDER /I NAME -IF :G" ) ?~/ ) IS CUSTOMER BEING REPRESENTED? NAME INSURANCE CO, o ATTORNEY 0 PUBLIC ADJ. 0 OTHER PHONE ( ) POLICY /I EXP.DATE fi~~L;cS~ behalf of myself and ~lj"~ersof the above premISes. the und~f"lgned, eng~ge!! e & ,Z CoOstructi~n to perform, ); :;:.: the above work. I understand that these services are provided on an em'lrgency basis under difficult condi1lons, In, , ,_, ~" ~. .' "'. . . ,,:-' conslderE.IJon of provIding suc:h services, It Is mutually agreed th,..the llaiJllity ofe & Z Construction Is limited 10 refund, , "of' nt lv' ed nt' ofthl rf< nl "" ' -, ':"',' ," ,','., ',,' . ..;' ,,',.., ___ - . any paym~ roC?8. of' 9:,CCOu . s ~ 0, er. . ::."l .J-...":; .. ~''::'.:'''':. .~ "..~.~ .:' ~'.;- .....:!. ."_' i'~ .:;."rJ:L~,":"' ~~::::~~~~.:~~.~ ~ ,'., ,THIS BILL FO~ ~~!c::es BEt'!~!~"3E,P !~!'~YA!3~ IN fYLL IN.50 '?~Y~:"..',-L-.., ",,', ::.,1/":'. ,', ,_,,,~,~;t:';;;',fi~, "~~y,!Iu~ ~mlng ~ue fro1!1, !nS\!~c:e !:o.mplll)!es or '?!!1er lJ8IlIes b!!~!8}?!. ~ualty to th~ premlseli are}f.{,i,\;.5:~~ ~f.BSSlgnBd,' ,tl!._9. g~~.o,!!!vtl!".~!!.nt, !.:r~, ,~~ JI!Iy.'forthOSe,~!!.~~.t\.CO,PV.!lt!!11s agr~,,~nt,s,"~I' ,-.. ..... ~co!lti'!~,cr~'?n and BUUlOriz8Ilon to-saJd~~l!.topay"e,& Z ConstruC:t!O!) ~!.fl!:I!Y,f9~ ~'~~rvIces~'~~i~~;~j>l.....~ ; ,."',~", The undersigned and the owners of the premises agree to pay e &Z Constiuction Wllhtn 60 days oftheilbOVe date, ' ~ -',. In Illli-evilnt thai pay"n8!Ji j!l nOfrea,iveit~1l) atlilfd.partYand f1iitJier agr~ to paY. a reasonable attomeyos fee If?l:o' " "~ I'~~' o/ivment Is not made ill the,''''''''' ItriatIon, of tIiat timefJ:.'-i...t'-!:..t.;.".',' ...' '. '." ">;Y,.i,.,;,;.o,~"1J,l':-" .,,"~ ':" :.~~';;l"",;"<'r.~';~~~~, "': ''-'::.~.'~''''-. !,- --..~:-s;;;..,_.. ... . .v-....._.:~c\..~...5:.;:....~.~..-!\..o....: .1- ::.v-..... .~...:_' ....~.':'...:-..."..,,~~T:~ .'. -t I SCknowle~ge.~ce~.t"ol s" ~py ~llf:I!~!I~!!l'~.J'~t !lh1ch h~ s,~raa!~,!h. ,~~p~~t! ,l;I,~~erabi!!~!n~~~#~ . ~1'!~ conatru~C?~~;~::i."'~-:"~~~'.\i.~s~~~~Q"1~Jst~1i~;~.:~~"'::'::.r~~rt;,~,;~,~t;;r~~~\~[~ '~'~MENTS:~ ~. 11 r~S; O~c), CJ tJ ~~~r:', Signature: ~.. ":"'; I" Print Name: C&Z Exhibil S b Done By: ..' ,1. r Thomas A, French, Esquire Attorney 1.0. No. 39305 RHOADS & SINON One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIFF ICELAND SEAFOOD CORPORATION, INC. , IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Plaintiff v, PAUL CARLBVALE tldlbla C & Z CONSTRUCTION, Defendant .. .. .. .. .. .. .. .. .. .. PLAINTIPP'S LBGAL MEMORANDUM I. ARGUMENT I The Contractor and Subcontractor Payment Act is inapplicable because snow removal does not fit within the Act's coverage. The contractor and Subcontractor Payment Act mandates prompt payment to certain types of contractors and subcontractors on construction projects, Section 504 provides: Performance by a contractor or a subcontractor in accordance with the provisions of a contract shall entitle the contractor or subcontractor to payment from the party with whom the contractor or subcontractor has contracted, 73 P,S. S 504, The penalties imposed for noncompliance are: (1) a 1% monthly interest payment; (2) a 1% monthly penalty (punitive) . ~. _.:..;.t. . l.. damage assessment, and; (3) attorneys' fees and expenses. 73 P.S, 55 505 & 512. Section 502 confines the Act's coverage to only projects for which the contractor is retained to do construction andlor make improvements to the real' property or buildings, Section 502 defines a "contractor" as "[a] person authorized or engaged by an owner to improve real property." 73 P. S. Ii 502. To " improve" means: To design, effect, alter, provide professional or skilled services, repair or demolish any improvement upon, connected with, or on or beneath the surface of any real property, to excavate, clear, grade, fill or landscape any real property, to const~uct driveways and private roadways, to furnish materials, including trees and shrubbery for any of these purposes, or to perform any labor upon improvements, 73 P.S. Ii 502, The act of shoveling snow off the roof of a building has nothing whatsoever to do with any of the acts described above, To include snow removal under the above definition would be, at best, a strained interpretation of the plain meaning of the Act, By no stretch could "snow'removal" be construed as an "improvement to real property" and the Act is not applicable in this case. Statutes are presumed to employ words in their popular and plain everyday sense, and the popular meaning of such words 2 . . must prevail. Centolanza v. Lehiah Vallev Dairies. Inc" 540 Pa. 398, 658 A.2d 336 (1995). Further, if the meaning of the statute, taken in its entirety, is plain on its face, its meaning is not to be expanded or contracted. ~ In the instant case, the meaning of the Act is plain. That is, the Legislature only intended the Act to cover construction projects that constitute improvements to the real property andlor buildings, Such projects do not include things like snow removal, Accordingly, the Act is inapplicable in the present case and Iceland can not be found liable for fees and penalties under the Act, RH~INON If'LP By: I A /-1 .~tL- Thomas A, French One south Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 3 Thomas A. French, Esquire Attorney I.D. No. 39305 RHOADS & SINON One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIFF ICELAND SEAFOOD CORPORATION, INC., IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 16- 4/1 ('{ ~Lf..-t T-lA/),v Plaintiff v. PAUL CARLBVALE tldlbla C & Z CONSTRUCTION, Defendant .. .. .. .. .. .. .. .. .. NOT I C B YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY COURT ADMINISTRATOR Cumberland County Courthouse One Courthouse Square CarliSle, PA 17013 (717) 240-6200 ....-..,.'i:'.. .A. V ! S 0 USTBD HA SlOB DBMANDADO/A BN CORTB. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya, Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted, USTED DEBB LLBVAR BSTB DOCUMBNTO A SU ABOGADO INMBDIATAMBNTB. SI USTED NO TIBNB UN ABOGADO 0 NO PUSDB PAGARLB A UNO, LLAMB 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUBDE BNCONTRAR ASISTBNCIA LEGAL. CUMBBRLAND COUNTY COURT ADMINISTRATOR cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 . Thomas A. French, Esquire Attorney 1.0. No. 39305 RHOADS & SINON One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIFF ICELAND SEAFOOD CORPORATION, INC., IN THE COURT OP COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Plaintiff v. PAUL CARLEVALE tldlbla C & Z CONSTRUCTION, Defendant , , .. .. .. .. .. .. .. .. .. .. COMPLAINT NOW COMES, Plaintiff, Iceland Seafood Corporation, by its attorneys, Rhoads & Sinon, and files the within Complaint, as follows: 1. Plaintiff, Iceland Seafood Corporation, Inc. ("Iceland Seafood"), is a Pennsylvania business corporation, with its principal place of business located at 1250 Slate Hill Road, Camp Hill, CUmberland County, Pennsylvania, ":4;.,: .,...,.."~-.~,,. , ' " J._ ...Ai " . 2. Defendant, Paul Carlevale tldlbla C & Z Construction ("C & Z"), is a Pennsylvania sole proprietorship, with a place of business located at 4825 Derry Street, Harrisburg, Dauphin County, Pennsylvania. 3. On January 17, 1996, C & Z entered into an oral contract with Iceland Seafood whereby C & Z agreed to remove snow from the roof of Iceland Seafood's warehouse. 4. Under the terms of the contract, C & Z agreed to remove snow from the main roof at Iceland Seafood's warehouse and to do a partial removal of snow from the lower roof of the same building, 5, In exchange for the services of C & Z, Iceland Seafood agreed to pay $15,000 up-front with the further agreement to pay an additional $15,000 upon completion of removal. Thereafter, C & Z demanded an additional $5,000 to complete the work. 6. Iceland Seafood paid C & Z $15,000 and removal commenced on January 17, 1996. 2 7. On that date, six (6) employees of C & Z, using snow blowers and shovels, started removing snow from the main roof of the warehouse. 8. After approximately nine (9) hours of work, C & Z's employees left the premises of Iceland Seafood, The following day, three (3) C & Z employees returned for a total of three (3) hours. At approximately 11:00 a,m" C & Z abandoned the work. 10, The employees left Iceland Seafood's premises with approximately ten percent (lOt) of the snow having been removed, leaving the job 90t unfinished, Several hours after abandoning the site, an employee of C & Z returned and demanded that an Iceland employee sign an Emergency Work Order. When Iceland's employee questioned the accuracy of the document, the C & Z employee stated that his nbossn wanted it signed and should be questioned about the Work Order later (A true and correct copy is attached hereto as Exhibit "An). 11, No one from C & Z returned to Iceland Seafood to complete the snow removal; and the work was never completed. 3 ;!tJ~ - < RHOADS & SINON '/ );~/~l/ Th s A, Fren h One South Market P,O. Box 1146 Harrisburg, PA (717) 233-5731 " 12. C & Z has materially breached its contract with Iceland Seafood in that C & Z failed to remove the snow from both the main warehouse and the lower portion thereof. 13. As C & Z did not comply with the terms of the contract, leaving more than ninety percent (90t) of the snow in place, Iceland Seafood has refused to pay C & Z any additional sum under the contract, The fair value of the work performed by C & Z is no more than $3,000 and Iceland Seafood demands repayment of the balance of the $15,000 paid and wrongfully retained by Defendant. WHBRBFORB, Plaintiff, Iceland Seafood, demands judgment in its favor and against Defendant, C & Z for actual damages in an amount which is below the limit for compulsory arbitration, together with interest and costs, By: Square 17108-1146 Attorneys for Plaintiff /96418 4 ~ VBRU':IC!AT:ION 'l'homae :t. Sublett, depollee and .ay., eubject to the penalti.. o~ 18 Pa. C.S. S 4904 r.lating to uneworn ~al.ification to authoritiee, that he 18 the Vice Prellident o~ Operationll of Ic.land Seafood corporation, that he makell th18 verification by itll authority and that the ~act. .et forth in the ~oregoing Complaint are true and correct to the bellt of hie lenowledge, information and belief. Date: /- d... 5'- ft ~~1~ 90'd NON I S-SOItOH!l 90:9l 966l-S~-l0 "...L.t...u. & ..'.H.lI"...,....".." ...""...., 'f'" """"on@ JOB ORDER" ADDRESS -/tF /~ ) ?~/ ) 'St""-\I.' .....~... .~r-~ii.,,~~..;j;#:r.-r;i'~.f.~" ..;;':~\:7'\'":.;;jo.:;TI."';.;'-~'"'':-:: ......-....,.:~:;:rrr""'--:,t:::.....~.,,:~1'..;1r-n:;:':~~,.- ,... ~..-.... . h7 c & Z 4~1. . . / ~ CONSTRUCTION ~ 4825 Derry Street * Harrisburg. Pennsylvania 17111 (717) 584-4202 or (717) 783-9888 FAX: (7171 564-4343 A Full Slnl/cl PIOPI"Y Pro/lcl/on Co. EMERGENCY WORK ORDER I PAYMENT TERMS: IS CUSTOMER BEING REPRESENTED? NAME INSURANCE CO. o ATTORNEY o OTHER ) POLICY" EXP. DATE ';'... ;. '.' ' On behalf of myself and the owners of the above premises. the undersigned engages C & Z ConstnJctlon to perform ',: the above work. I understand that these services are provlded on an emergency basIs under dlfllcult conditions. In , consideration of providing such services. It Is mutually agreed that the liability of C & Z ConstnJctlon Is limited to refund , of any payment received on a.ccount of this work order. " , " , '. '. ,,' " THIS BILL FOR SERViCeS RENDERED IS PAYABLE IN FULL IN 60 DAYS, ' ' ' . , ::',''':MAnysUI!'S !!ecOmlrig due from Insur#.!l8 ~iiipan!es or otJ.1el' parties b~~US8 oJ ~ualty to the premises are ; ':'.,' ,': :~': ..,';; asslgneil to, C & Z Construction to the extent necessary tc! pay,for those seivlces, A ciopy of this agreement Shall"':':~ ~'!'con:;~~:::~~~~~~~~Z:;~;t~;:: ~t::;~~:e ~o&p~y~~~~~~~:~hh~:~:::~~~Z~S~~;!jJ; , ,In the event that payment Is not received from a third-party and further agree to pay a reasonable attorney's fee lf .':';: "" ",...:r:'pliymentlsnotmadeattheeXllliatlonoftliattlms''''' ,.; ,:' " ",,"' ,.:,,' ,,"', ':,:;.:'. :.<.',..:..)r,/iY...::;,::., I..~~;~,I aCknOwtruledge ~~~,~I,~to' a ',copy 0 ,th~~~~~~m),_,lI!~h!~~.~..~axpr~~, 'acI,~,' co }np~eteu,n~;-, rata,' - '~~I~ijJi~_',l~:?~~ Ca.ZConl ctJon. ,1 ' ,.... .~~ Npi<'- .,.,.. '" '.' ,-"., ,C'\r-~", h" ..',.1......... ,". .7...~.~.. ..:1;". :-,:,.1j.'~It:.'!.... I . ,r .~~':':' )~,:,i..'t~<c~~.","J"::--' .:~' .~. '.,.. ~ ''':''; . "~'.' .,. .\: ~..; " '.Ji-.'.":.,,,: ~... . '.~. ~~MENTS: ~ l\ tf)'u r~s:- OcJ01 () & ~ \"'F;o-.'.. ~~.~.)... ." '" =f . Signature: Print Name: ," Job Done By: " ":: 7 nA Y,C:: A WFFIr_"If LlI"I liD <:: fJ nil v ^ ~ ~ l' ~ ~1 '" I' i. N - "'1 (;:, _0 .~ \\ ~ ~{ ~ u I~ ~~ Wel ".J ..J.~ 8';: t..~ ';r. ~ 0 . . . .::'" ~ V) ~~';, u.. r~ I . <;;) I...., : -,'1 ~\J) ~ C-. ,,' ~- 1-' ' .' ( :i') ~ ~ II.:. . , -, ~lt~ ';ll' u. .n :J U Q' U . , . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1996-00411 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ICELAND SEAFOOD CO~~NC_______ VS. CARLEVALE PAUL ET AL R. Thomas Kline __' Sheriff, who be~ng duly sworn according to law, says, that he mad~ a dilig~nt search and inquiry for the within named defendant, to wit: _CARL~VALE PAUL T/D/B/A C & Z CONSTRUCTION but was unable to locate deputized the sheriff of H_L"L- ~n his bailiw:l.ck, lie therefore DA UPH III County, Pennsylvania. to serve the w~th:l.n COMPLAINT On February 2nd,__liL96 , this office was in receipt of the attached return f~om ____~UEHlij____________ County, Pennsylvania, Sheriff's Costs: Docketing Out of County Surcharge DAUPHIN COUNTY So answer_s: 18.00 9,00 2.00 29.25 / ~e -,--:::><_.." ".4'" ..~:':.~."'-:1'_~~~_ .,/~:;;;...;; l<.-fTnoma8l\ I ~ ne;-sriW-rr.r- ~~s RHOADS AND SINON 02/02/1996 Sworn and subscribed t~ before me this (, ct= day of 1.....J,..(....1-__~_____ 19 q<,. A.D. _~1...~~~~ ~._,___ ~'-I r ro ,,('OOQ l,.ary ~ \., ThrJ Court or C.:mmO:1 Icela~d Seafood Corporation '::le-_s CT" C....,..-,""'\'-......l :"""-"y . ...".._...... _,.... "'''''Wt', , PS:'lr:syJ'Icr:i ::: Inc. ,,-S. Paul Carlevale t/d/b/a C & Z Construction ~o. 96-411 civil Term .~ ..- ~ow, Januarv 29. 1996 S~-:"-:>><r:'":: --. 0= C~G::::?.!..A.'iD COt.~':'Y. ?A., CD :9---. !, h:::by c.?l= == S'~..:i 01 Dauphin ~t7 :0 :::..-:::::: :is "V:::, :!::s ~-::U-:':r"!T1 =~!'l~ _...l_ U == ~ --d :=..=.k of :::: :"":-d. ,--' , r~~;-~<~~~ SlIe..-~ at C'......u'..:u:ci C~IlmT. :>:1. . Affida.vit Qr Se..-nc= ~ow, !9 .. o':!ca ~[. 1::-.-e=. == ':'i.~:" "Jpal1 ~t by =C!:I; :.0 3- c:pr at = o.~. ..r ... md -~':. !c:awu :0 . :=::::1. ::.: ..:::t=:s So~ Sl:c:a' 01 c.,WOlT. ~ SWCQ me s::i::sc-"'..ced beer: ' CC:u.;) ~""''1C: ),1:!I.!,AGE A:::uJAYIT oS =: ::::s _ ay oi 19_ s ;;'~~"/':'.Jl~'r ,'j' , ~iii'e of tIte ~lre:riff Dauphin County Harrlaburg. Pennsylvania 17101 (717) 2~H660 Jack Lotwlck Sherlfr "-', .. ~ __ ~ ~"'t J- ~.u"t& oC. ~ "/'rA- G-(/~-'" ,:... (t/w""-.I ~1 4,,;/ ~"h~ - ~-.J '1 ~ "'91} ::t""e.&..\eo,i s.e.-I>-I ~ I!'~ ". ~"'" \ ~#,I",l-<- -1-1 ~ I "1&\ C l7.. CtJ", H./"""'~ · ~- ~ 1JA..J,(j~. ~i.4 A-tI"V t:". ~ f t e..)~~..J.,"". . COMMONWEAL1'U OJ' PENNA: COUNTY 01' DAUPIfIN: S!lERll'F'S RETURN NO, 96-411 Civil Term PAGll 226 AND NOW: Jan. 31st 1996 .nl9:oo A. M. SERVlm TilE WITHIN Complaint and Noti~~,_._,______,___,.._'.___'n.. ."._ .,._., .__ UPON Paul Carlevale t/dlb/a C & Z Construction U Y PERSONAI.I.Y !lANDING TO Atty. Dave Francis, atty for Paul Carlevale t/dlb/a C & Z construction A TRUE ATTESTED COPY OF TIlE ORIGINAL Complaint and Notice AND MAKING KNOWN TO him THE CONTENTS THEREOF AT the Dauphin County Courthouse, Front & Market Sts, Harrisburg, Pa, SO ANSWERS S~FF OF A UNTY, PENNA BY--d~_~~,_____. DE~TY SHERIFF Sworn and SUb~bed to ~~fore me thi2-~\tfJ~n. 19 96 PHOTHONOTARY SlIllHII'I"S COST S .t7 7...:?r SolA ICELAND SEAFOOD CORPORATION, INC. , : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . CIVIL ACTION - LAW v. PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION Defendant NO. 96-411 Civil Term PRABCIPB POR ENTRY OP APPEARANCB Please enter our appearance as attorneys for Defendant Paul Carlevale t/d/b/a C & Z Construction in the above-captioned matter. POWELL, TRACHTMAN, LOGAN, CARRLE & BOWMAN, P.C. BY~~ Dav d W. Franc s 1.D. #53718 c. Grainger Bowman 1.D. #15706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: February 12, 1996 , ' CERTIFICATE OF SERVICE AND NOW, on February 12, 1996, I hereby certify that I have served a true and correct copy of the within pra.cip. for Bntry of App.arano. upon the following person(s) by regular first class United states mail, postage prepaid. Thomas A. French, Esq. Rhoads & Sinon 1 South Market Square Harrisburg, PA 17101 J1:tL~s " ..~t'~. E= - " 1-: (w [:l ) , ,'"('; ct~.; 9" I :~ '..', c-'1,'-, : lifL -I ' L.::!" r ' -, ,. c3 c::> cr) ,- ~- f:i! :,... 0: '" - f:: kJ to:> C;", .- J ..)....:: ::j~; i:}Y' ,..'"J ~:;;'~ r" -~; (J POWBLL, TIlACHTHAN, LOGAN, CAIUUoE .. BOWMAN, P.C, BY' C. GRAINGER BOWMAN, ESQUIRE ATTORNEY I.D. NO. 157D6 DAVID W. FRANCIS, ESQUIRE ATTORNEY 1.0. NO 53718 MICHAEL W. WINFIELD, ESQUIRE ATTORNEY 1.0. NO. 726eo 114 NDRTH SECOND STREET HARRISBURG, PA 17101 (717) 238-93DO ATTORNEYS FOR DEFENDANT ICELAND SEAFOOD CORPORATION, INC. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION Defendant NO. 96-411 civil Term . . PAUL CARLBVALE t/d/b/a C , Z CONSTRUCTION'S ANSWER, NEW MATTER AND FIRST AMENDED COUNTERCLAIM TO ICELAND SBAI'OOD CORPORATION Defendant Paul Carlevale t/d/b/a C & Z Construction, by its attorneys Powell, Trachtman, Logan, Carrle & Bowman, P.C., hereby files this Answer, New Matter and Counterclaim as follows: ANSWER 1. Admitted upon information and belief. 2. Admitted. 3. It is admitted that on or about January 16, 1996, Iceland Seafood contacted C&Z and requested a price for C&Z to remove snow from Iceland Seafood's main warehouse roof. The terms ot the contract called tor a price ot $.65 per square toot. Subsequently, on January 17, 1996, the parties agreed that C&Z would complete snow removal trom the large warehouse root and a partial snow removal trom a lower warehouse roof tor a firm sum ot $35,000. 4. Denied as stated. As of January 16, 1996, C&Z agreed to remove snow from the main roof of Iceland Seafood's warehouse. Subsequently, and after work had begun on the main roof, C&Z and Iceland Seafood agreed that C&Z would do partial snow removal from the lower roof. 5. Denied as stated. The contract called for C&Z to remove snow from the main warehouse roof, and partically remove snow from the lower roof in exchange for $35,000.00. $15,000 was to be paid up front, and the remainder to be paid upon completion. It is denied that C&Z ever demanded more than called for in the contract. 6. Admitted. 7. Denied. C&Z employed approximately 10 employees to remove snow from the main roof on or abDut January 17, 1996. B. Denied. On January 17, 1996, C&Z's employees worked for a total of 13 hours on Iceland Seafood's main warehouse roof. At the time C&Z left the site, they had completed snow removal on the main warehouse roof. On or about January 18, C&Z returned with 10 workers who completed the partial removal on the lower roof in approximately 6 hours. It is categorically denied that C&Z ever abandoned the work. 2 . ,,-,-, . ',"""..' , 9. plaintiff's Complaint does not contain a paragraph numbered 9. 10. Denied. C&Z fully completed the snow removal from the upper roof, and fully completed the partial removal from the lower roof. It is categorically denied that C&Z abandoned the site, or that "an employee from C&Z returned [after abandoning the site] and demanded that an Iceland employee sign the Emergency Work Order." The work order was signed while C&Z personnel were still on site performing the work. It is denied that Iceland Seafood questioned the accuracy of the document, or had any reluctance to sign the emergency work order. It is denied that a true and correct copy of the work order is attached as Exhibit "A", in that notations appear to have been made by Iceland Seafood's personnel on that copy. Otherwise the emergency work order appears to be accurate. 11. Denied. The work was completed. 12. categorically denied. C&Z did complete the removal of the snow from the main warehouse roof and the partial removal from the lower warehouse roof. 13. Denied. Upon information and belief, Iceland Seafood refused to pay C&Z the contract balance because Iceland Seafood sought to renegotiate the price term of the contract after the work was completed. It is categorically denied that C&Z only performed lD% of the work. Accordingly, strict proof of this averment is demanded at the time of trial. 3 WHEREFORE, Defendant C&Z Construction demands judgment in its favor and aqainst Plaintiff Iceland Seafood as well as costs, fees, and attorney's fees as permitted by law. NEW OTTBR 1. On or about January 7 and 8, 1996, Central Pennsylvania experienced a snowstorm known cOJD1l\only as the "Blizzard of 1996," in which approximately three feet of snow fell, and severe winds caused driftinq conditions. Upon information and belief, several feet of snow fell on Iceland Seafood's warehouse roofs, located in Camp Hill, PA. 2. Upon information and belief, durinq the ensuinq days, temperatures remained cold, and the snow remained on top of the Iceland Seafood warehouses. 3. On or about January 12, 1996, Central Pennsylvania experienced another severe snow fall that dumped approximately another foot of snow. Upon information and belief, this snowfall fell on top of the already accumulated snowfall on top of the Iceland Seafood warehouse roofs. 4. Durinq the week of January 15, 1996, the local weather forecast called for heavy rains to occur on January 19, 1996. 5. Upon information and belief, Iceland Seafood was concerned that the expected heavy rain would apply too much weiqht to the warehouse roof, and potentially cause a collapsed roof. 4 .-:-.'.-.,. " < . , ...__..._..~ .A 6. On or about January 16, 1996, Iceland Seafood contacted C&Z and solicited C&Z to perform snow removal from the main warehouse roof located at 1250 Slate Hill Road, Camp Hill, PA. 7. C&Z Construction quoted to Iceland the price of $.65 per square foot to conduct snow removal. Iceland accepted the terms of the proposal. 8. On or about January 17, 1996, C&Z Construction utilized approximately 10 people, shovels and two commercial 12 horsepower snowblowers and 3 other snowblowers to perform snow removal from the main warehouse roof. 9. While C&Z was removing the snow from the main warehouse roof, Iceland Seafood requested that C&Z partially remove snow from the lower warehouse roof as well. At that time, the parties orally agreed that C&Z would complete removal from the upper roof and do a partial removal from the lower roof for a total sum of $3S,DOO. 10. C&Z Construction worked for approximately 13 hours on January 17, 1996 on the main warehouse roof and completed the work before leaving the site that evening. 11. On or about January 18, 1996, C&Z began the partial removal of the snow from the lower roof. During the course of the partial removal, C&Z presented Iceland Seafood with an emergency work order to commemorate the terms of the agreement. Iceland Seafood executed the emergency work order without questioning its terms or debating its accuracy. 5 12. C&Z completed the partial removal of the snow from the lower roof on or about January 18, 1996. 13. After C&Z had completed the removal of the snow, Iceland Seafood attempted to renegotiate the price of the work. At no time did Iceland Seafood state that C&Z had only completed lot of the work. C&Z orally demanded payment in full, and Iceland Seafood orally refused to pay. 14. On or about January 22, 1996, C&Z Construction demanded payment of the remaining $20,00D in writing. A true and correct copy of this letter of demand is attached hereto as Exhibit "A". 15. Iceland Seafood never responded to the letter of demand. Instead they filed the Complaint set forth at Docket No. 96-411. 16. The Complaint was the first ~ that Iceland Seafood alleged C&Z failed to complete the work, or only completed lot of the work. WHEREFORE, Paul Carlevale t/d/b/a C&Z Construction respectfully demands judgment in its favor and against Iceland Seafood Corporation and demands that it be awarded costs, fees, and attorney's fees as permitted by law. 6 COUNTERCLAIM 1. Defendant C&Z incorporates by reference the averments contained in its Answer and New Hatter as if they were expressly set forth in this Counterclaim. 2. C&Z fully performed the snow removal required by the terms of the contract, for which they are entitled to payment of the entire contract sum. 3. At no time during the course of the work did Iceland Seafood express dissatisfaction with C&Z's snow removal operation. At the conclusion of the work, Iceland Seafood inspected C&Z's work and found it acceptable. 4. After the completion of the work, Iceland Seafood attempted tD renegDtiate the price of the contract. 5. C&Z has refused to renegotiate the contract amount, and has demanded payment in accordance with the Contract, for which Iceland has refused to pay. 6. The terms of the contract call for Iceland to pay C&Z's reasonable attorney's fees in the event of nonpayment. COUNT I Breach of contract 7. The averments of paragraphs 1 through 6 are incorporated by reference. 8. C&Z has completed all work on the snDW removal contract in accordance with the contract. C&Z is entitled to payment in full for all work completed. 7 o "-.' 9. Despite C&Z havinq fully and properly performed its obliqations under the snow removal contract, Iceland Seafood has failed and refused to pay C&Z in accordance with the terms of the contract. 10. Iceland Seafood's failure to pay C&Z constitutes a material breach of contract. WHEREFORE, Paul Carlevale t/d/b/a C&Z Construction demands judgment in its favor and aqainst Iceland Seafood corporation in the amount of $20,000, plus costs, fees, attorney's fees and such other relief as this court deems appropriate. COUH'l' II Contractor-Subcontractor pavment Act 11. The averments of paraqraphs 1 throuqh 10 are incorporated herein by reference. 12. C&Z completed all work on the snow clearinq contract in accordance with the contract. 13. The contract between C&Z and Iceland Seafood is a "Construction Contract" within the statutory definition of the Contractor and Subcontractor Payment Act, 73 P.S. S 501 ~ ~ (1994) ("the Act"). 14. Iceland's failure to pay C&Z is a violation of the Act. 15. Pursuant to the terms of the Act, C&Z is entitled to recover, as a matter of law, interest at the rate of 1% per month or fraction of month on the balance of the amount due from January 18, 1996 until payment. 8 .. 16. Pursuant to the terms of the Act, C&Z is entitled to recover, as a matter of law, a penalty equal to l' per month or fraction of month on the balance of the amount wronqfully withheld. 17. Pursuant to the terms of the Act, C&Z is entitled to recover, as a matter of law, a reasonable attorney fee in an amount to be determined by the Court, toqether with expenses. WHEREFORE, Paul Carlevale t/d/b/a C&Z Construction demands judgment aqainst Iceland Seafood Corporation in the amount of $20,000.00, plus interest at a rate of 1% per month, costs, attorney's fees, and penalties at the rate of 1% per month as required by law. POWELL, TRACHTMAN, LOGAN, CARRLl1E & BOWMAN, P. C. B )__ y David W. Francis I.D. #53718 C. Grainqer Bowman I.D. 157D6 114 North Second Street Harrisburq, PA 17101 (717) 238-9300 Date: February 14, 1996 9 -A_} " f < ,........ VERIFICATION I verify that the statements made in the foregoing Answer, New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief, I understand that any false statements made herein are subject to the penalties of 18 Pa,C.S, 4904 relating to unsworn falsification to authorities. ~~c?~,af ......... Date: 0/ hiP Paul Carlevale . ....'.r"..,tllooll._",..,. I'," "".",,1> @ -- ,. i LAW omcu POWELl,. TRACHTMAN, LOGAN, CARRLE e BOWMAN /Ii. ,,,orUSIONAL CORPOIlA TlON 114 HOllnt nCOND URUT MlClIAlL Co TkAClftM"N 'AUL ^ lOGAN.... CUNfltUl. 0 CAkIlU. C. CR.AJNGtIl IOWMAN IltatAllD' ,uHENfU.TlIt. JA JONAnt.\N l. HOlUH JCXL P. I'UJLSTtIN" MAU I. Wc1AIN. InCAN H HAUUlSTMr- D.\VID T. ICI.CD.. U\IIN & "ATSON D.\VID y, fIlANCU STlVEN ~ IAADSUY. k.CIaO. T L IAl.I..AAD- MAk1A T. COUNI"ay. t.OCHA!L ... WJNfW...D- ANDIllW " C1.AUM HARRISBURG. PA 17101 (717) 238,0300 fACSIWILl (111) 238.9J2~ J61 )()UTI, GULPH ka,a.O KING Of PfWSSI^ p^ IU40t. (610) 3'r,4.9100 fAX (610) 3~4.9160 SUITE 126 all CHU~CH IlO\D CHu"JlY HD.L NJ 08002 (601) 663.0021 fAX (GOD) 6tS3.1590 January 22, 1996 Of CCUIaA MIJ'H .. PO..w. J~ PATJUCl Y_ LIDDlE- .~ ADNrT'nD rN N.l 'ALSO ADWInt.D rN we "ALSO ADWITTlD rN NO "ALSO ADtoUTTt.O IN Dl ft.EA2 IDLY TO Harrisburg Mr, Tom Sublett vice President of Operations Iceland Seafood Corp, 1250 Slate Hill Road Camp Hill, PA 17011 Re: C&Z construction, Inc, Work Order for Removal of Snow From Warehouse Roof Dear Mr, Sublett: This firm represents C&Z Construction ("C&Z"). It has been brought to our attention that C&Z recently contracted with the Iceland Seafood corporation ("Iceland") for the removal of snow from the main roof and partial removal from the lower roof of your facilities for the sum of $35,000,00. C&Z fully complied with the terms of the agreement by removing the snow as required, By the terms of the contract, payment was due upon completion. However your company has only made a partial payment of $15,000, refus~d to tender the remaining amount due, and advised C&Z that you will not pay the remaining $20,000,00 Iceland's actions are a material breach of contract, Accordingly, demand is hereby made that Iceland remit to C&Z payment of the outstanding $20,000,00 promptly, -,' o / ./ I( t Mr. Sublett January 22, 1996 Page 2 We will assume that, if C&Z does not receive payment by the close of business January 29, 1996, that Iceland has no intention of paying the amount due and owing, and that legal action will be required. If legal action is required, C&Z will seek recovery of its attorney's fees, as is outlined by the terms of the Emergency Work Order. Very truly yours, POWELL, TRACHTMAN, LOGAN, CANRLE' 87:/0. ByM t --- David W. Francis DWF/mak cc: Paul Carlevale c. Grainger Bowman , CERTIFICATE OF SERVICE AND NOW, on February 14, 1996, I hereby certify that I have served a true and correct copy of the within Paul Carlevale t/d/b/a C & Z Construction's Answer, New Matter and First Amended Counterclaim to Iceland Seafood Corporation upon the following person(s) by regular first class United States mail, postage prepaid. Thomas A. French, Esq. Rhoads & sinon 1 South Market Square Harrisburg, PA 17101 f1t:.::J B1i:. iJ d W. Franc s r- \':: ~ c::> ..-' .' ~ ~~. f't i'"' i-~ ~ :):~,I ~U ~ ,. \.... u.- ~". r .I I_f':. ",f1 0,' 1..0 pl:- , - , ......10..- r.:: ~ ~.j -.),. . ': ~..... \.>-'~. 1>- ,-" I.' :'-; Ie- ,I' D V G , ~;"'.),' ""'''c..-' ."_.~<h',_~'...",.....""..,-..' ::.~:..::,:~? Thomas A. French, Esquire Attorney I,D. No. 39305 RHOADS & SINON One South Market Square, 12th Floor P,O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIFF ICELAND SEAFOOD CORPORATION, Plaintiff v, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-411 CIVIL PAUL CARLBVALE tldlbla C & Z CONSTRUCTION, Defendant .. .. .. .. .. .. .. .. lfOTICB TO I>T.Il!~ TO: David W, Francis, Esquire Powell, Trachtman, Logan, Carrle & Bowman, P,C, 114 North Second Street Harrisburg, PA 17101 You are hereby notified to file a written response to the enclosed Reply to New Matter and Answer to First Amended Counterclaim within twenty (20) days from service hereto or a judgment may be entered against you, RHOADS & SINON By: ThoL~ One South Market Square P.O, Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Thomas A. Prench, Bsquire Attorney I.D. No. 39305 RHOADS & SINON One South Market Square, 12th Ploor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS POR PLAINTIPP ICBLAND SEAFOOD CORPORATION, Plaintiff IN THE COURT OP COMMON PLEAS, CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW v. NO. 96-411 CIVIL PAUL CARLBVALB tldlbla C & Z CONSTRUCTION, Defendant .. .. .. .. .. .. .. .. .. REPLY TO NEW MA'lTER AND AllI~WKK TO FIRST AMJl:NDRD COUNTERCLAIM NOW COMBS, Plaintiff, Iceland Seafood Corporation, by its attorneys, Rhoads & Sinon, and files the within Reply to New Matter and Answer to First Amended Counterclaim, as follows: 1, It is admitted that a snowstorm occurred during this period of time. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph 1 and the same are denied, Proof, thereof, if relevant, is demanded at time of trial. < " :'''>~,'-#t 2, Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 2 and the same are denied. Proof, thereof, if relevant, is demanded at time of trial. 3. It is admitted that a snowstorm occurred on this date. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph 3 and the same are denied. Proof, thereof, if relevant, is demanded at time of trial. 4. Denied, After reasonable investigation, Plaintiff is witho~t knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 4 and the same are denied, Proof, thereof, if relevant, is demanded at time of trial. S. It is admitted only that Iceland was concerned about damage or collapse of its roof as a result of weather conditions. The remaining averments are denied. 6, Admitted, 2 7, It is admitted that C & Z Construction quoted Iceland a price of $.65 per square foot for snow removal, It is denied that Iceland accepted the terms of the proposal. 8. Denied. On the contrary, C & Z Construction utilized approximately six people, shovels, and three snowblowers to perform snow removal. 9. Denied as stated, C & Z Construction had agreed to remove snow from each of the warehouse roofs at the facility. C & Z Construction also agreed to remove snow from the office area roof, The original sum for the work was $30,000, which C & Z unilaterally delnanded be increased to $35,000, 10. Denied. C & Z Construction employees left the site at 9:00 P,M, on January 17, 1996. The work was far from having been completed on that evening. 11, Denied as stated, It is admitted that some of C & Z's employees worked for several hours the following day. It is denied that during the course of removal, an Emergency Work Order was submitted. On the contrary, after the work had been abandoned by C & Z, an individual acting on Defendant's behalf demanded that 3 the Work Order be signed. Iceland employees questioned the document as more specifically set forth in Plaintiff's Complaint. 12. Denied, It is denied that C &: Z completed its work. 13, Denied, It is denied that C &: Z completed removal of the snow. It is further denied that Iceland attempted to renegotiate the price of the work. Iceland complained that the work had not been completed and was unsatisfactory. As a result, Iceland refused to pay and demanded that funds paid in excess of work performed be returned, 14, Said document speaks for itself and requires no response, 15. Denied, On the contrary, Iceland responded immediately by initiating the instant litigation to recover sums wrongfully obtained by the Defendant, 16, Denied, Iceland had refused to pay C &: Z because the work had not been performed, 4 WHEREFORE, Plaintiff Iceland Seafood Corporation demands judgment against Defendant Paul Carlevale tldlbla C & z Construction in an amount is below the mandatory arbitration limits in this County, together with interest, costs and attorneys fees. ANSWER TO PIRST AMENDED COUNTERCLAIM 1. Plaintiff incorporates by reference the averments contained in its Complaint and its Reply to New Matter above as if set forth expressly herein. 2. Denied, C & Z abandoned the project and failed to perform the work as agreed to, C & Z was substantially overpaid for the work performed, 3. Denied as stated. Once the work had been abandoned by C & Z and Iceland became aware that C & Z did not intend to complete the contract as agreed, Iceland expressed substantial dissatisfaction, demanded repayment of sums unjustly obtained by Defendant, and refused to pay any further amounts due to Defendant. 4, Denied, Iceland Seafood did not attempt to renegotiate the price of the contract, Iceland requested that it 5 be repaid a substantial portion of the amount prepaid as a result of the failure to complete by C & z. S. Denied as stated. C & Z has refused to remit overpayments to Iceland. C & Z continues to wrongfully attempt to obtain payment in this case. 6, Denied, It is denied that the terms of the contract call for Iceland to pay C & Z's attorneys fees, On the contrary, the "Emergency Work Order" does not contain the terms of the contract between the parties but, on the contrary, it was signed after abandonment of the work, without consideration, and does not accurately represent the terms of the oral agreement which existed between the parties which the Defendant breached by its failure to perform. COUNT I Breach of Contract 7, The averments of paragraphs 1 through 6 above are incorporated by reference, 8. Denied, It is denied that C & Z completed the work required under the snow removal contract and it is denied that 6 < C & Z is entitled to additional payment for work completed. On the contrary, Plaintiff has already overpaid C & Z and is entitled to a refund of a portion of payments made and wrongfully withheld by Defendant. 9. Denied. It is denied that C & Z fully and properly performed its obligations under the agreement existing between the parties and it is denied that Iceland failed to pay C & Z in accordance with terms of said agreement, On the contrary, Iceland has overpaid C & Z and is entitled to a refund. 10, Denied, The averments contained in paragraph 10 constitute conclusions of law to which no response is required and the same are denied, WHEREFORE, Plaintiff Iceland Seafood Corporation demands judgment in its favor and against Defendant Paul Carlevale tldlbla C & Z Construction, dismissing the First Amended Counterclaim, and for costs and attorneys fees, 7 ,,,"IOiIl. COUNT II COD~raa~or-SubaoD~raa~or Pavmen~ Aa~ 8 11. The averments of paragraphs 1 through 10 are incorporated herein by reference. 12. Denied. It is denied that the work was completed satisfactorily or otherwise. On the contrary, the project was abandoned. 13. Denied. The averments contained in paragraph 13 constitute conclusions of law to which no response is required and the same are denied. 14, Denied, The averments contained in paragraph 14 constitute conclusions of law to which no response is required and the same are denied, 15, Denied, The averments contained in paragraph 15 constitute conclusions of law to which no response is required and the same are denied, 16. Denied. The averments contained in paragraph 16 constitute conclusions of law to which no response is required and the same are denied. 17. Denied. The averments contained in paragraph 17 constitute conclusions of law to which no response is required and the same are denied. By way of further answer, by reason of Defendant's wrongful invocation of the Contractor- Subcontractor Payment Act, Plaintiff as a substantially prevailing party, and not Defendant, is entitled to recover its attorneys fees as a matter of law. WHEREFORE, Plaintiff Iceland Seafood Corporation demands judgment in its favor and against Defendant Paul Carlevale tldlbla C & Z Construction, dismissing the First Amended Counterclaim, and for costs and attorneys fees. NBW MA'l'TBR 1. Defendant's First Amended Counterclaims are barred in that they fail to state claims upon which relief can be granted. 2. The contract alleged by Defendant is unenforceable due to lack of consideration, 9 '-"',~'''''+,,>,~... <, < 3. The contract alleged by Defendant is unenforceable due to failure of consideration. 4. The contract alleged by Defendant is unenforceable as against public policy. 5, Defendant failed to perform the oral agreement between the partes, Defendant's performance was condition precedent to its entitlement to payment. 6, Defendant entered into the agreement to remove snow with Plaintiff knowing that Defendant did not have the intention, ability in terms of equipment and manpower or experience necessary to properly complete the snow removal, Thereafter, Defendant wrongfully, falsely, and fraudulently insisted upon payment in full of exorbitant amounts, seeking to take advantage of Plaintiff, in an emergency situation, and sought, fraudulently, to enter into a written contract which did NOT accurately reflect the oral agreement. Defendant is barred by this conduct from recovering any amounts under the agreement. 7, Defendant is barred from recovery by the Doctrine of Estoppel. 10 ,_,.~~.,h: 8. Defendant is barred by the Doctrine of Unclean Hands. 9. Defendant is barred from recovery because the contract is unconscionable and therefore unenforceable. J.O, Defendant is barred from recovery by its abandonment of the work. J.J.. The alleged contract is void for vagueness. J.2. The alleged contract is voidable because it was entered into under extreme duress in an emergency situation of which C & Z sought to take unfair advantage, J.3. Defendant's conduct as a stated in the Complaint constitutes an unlawful act or practice in violation of the Pennsylvania Unfair Trade Practice and Consumer Protection Law, 73 P,S, S 20J.-3 and Defendant's Counterclaims are barred thereby, J.4, Defendant's conduct in pursuing these counterclaims and in continuing with the prosecution and defense of this action is obdurate, vexatious and done in bad faith, and done for the 11 . -,^-,.... purposes of delay, entitling plaintiff to an award of attorneys fees pursuant to 42 Pa. C.S.A, 5 2503. WHEREFORE, Plaintiff Iceland Seafood Corporation demands judgment in its favor and against Defendant Paul Carlevale t/d/b/a C & Z Construction, dismissing the Counterclaim, and for costs and attorneys fees. :-4~ Thomas A. French One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff /98184 12 . . , "~,.~f!OtIIt VERIFICATION Thomas I, Sublett, deposes and says, subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsification to authorities, that he is the Vice President of Operations of Iceland Seafood Corporation, that he makes this verification by its authority and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. Date: .:<);;2.. ::J...j f t. , / ~,--/!f~ Thomas I. Sublett . ~ ,_-..a-,,) ,,;. . " CERTIFICATE OF SERVICE I hereby certify that on this~ day of February, 1996, a true and correct copy of the foregoing "Reply to New Matter and Answer to First Amended Counterclaim" was served by means of United States mail, first class, postage prepaid, upon the following: David W. Francis, Esquire Powell, Trachtman, Logan, CarrIe & Bowman, P.C. 114 North Second Street Harrisburg, PA 17101 ~Ct~L- Carol A. Buck e . '::0.: eo C I.... CO') -, r; ~~:,,: I;" M w~.. ey, .- - ~: ;; Co\" ::': J..... w.. "', ~.i ~~' : '- e" .',<" " " . UJ-'- (.oJ -_c::;. . ;.. _I,. r-~ .':1':.j U:;' , " UJ c:.. r'" I'.~ ~ II- I::'> ~.:) 0 co') I.J ICELAND SEAFOOD CORPORATION, INC. , IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION Defendant NO. 96-411 civil Term ORDER day of AND NOW, this , 1996, upon consideration of Defendant's Preliminary Objections raising insufficient specificity of pleading of Iceland Seafood's new matter to first amended counterclaim, it is hereby ordered that Iceland Seafood file a more specific new matter, in particular paragraphs 1, 2, 3, 4, 7, 8, 9, 11, 12 within 20 days after this Order. J. ICELAND SEAFOOD CORPORATION, INC. , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION Defendant NO. 96-411 civil Term CiA CONSTRUCTION'S PRELIMINARY OBJECTIONS TO ICELAND SEAFOOD CORPORATION, IHC.'S HEW HATTER TO PIRST AMENDED COUNTERCLAIM Defendant Paul Carlevale t/d/b/a C&Z construction, by its undersigned attorneys, preliminary objects to Iceland Seafood Corporation, Inc.'s New Matter to First Amended Counterclaim pursuant to Pa.R.C.P. 1028(a) (3) as follows: 1. Plaintiff Iceland Seafood Corporation's ("Iceland") New Matter to First Amended Counterclaim ("New Matter") raises a number of defenses to Paul Carlevale t/d/b/a C&Z Construction's ("C&Z") counterclaim as follows: (a) Paragraph 1 of Iceland's new matter alleges "Defendant's first amended counterclaims are barred in that they fail to state claims upon which relief can be granted." (b) Paragraph 2 of Iceland's new matter alleges liThe contract alleged by defendant is unenforceable due to a lack of consideration." (c) Paragraph 3 of Iceland's new matter alleges "The contract alleged by defendant is unenforceable due to failure consideration." (d) Paragraph 4 of Iceland's new matter alleges "The contract alleged by defendant is unenforceable as against public policy." (e) Paragraph 7 of Iceland's new matter alleges "Defendant is barred from recovery by the doctrine of estoppel." (f) Paragraph 8 of Iceland's new matter alleges "Defendant is barred by the doctrine of unclean hands." (g) Paragraph 9 of Iceland's new matter alleges "Defendant is barred from recovery because the contract is unconscionable and therefore unenforceable." (h) Paragraph 11 of Iceland's new matter alleges "The alleged contract is void for vagueness." (i) Paragraph 12 of Iceland's new matter alleges "The alleged contract is voidable because it was entered into under extreme duress and emergency situation of which C&Z sought to take unfair advantage." 2. Pa.R.civ.p. 1019(a) requires that "the material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 3. The above-mentioned paragraphs fail to set forth with sufficient specificity ~ of the material facts upon which these "shotgunned" defenses are based. 4. Iceland Seafood's new matter lacks specificity to apprise C&Z of the issues to be litigated in confronting these < defenses, and to allow C&Z Construction to adequately prepare and assert counter defenses to these allegations. WHEREFORE, Paul Carlevale t/d/b/a C&Z construction respectfully requests that this Court order Iceland Seafood Corporation, Inc. to more specifically plead averments of paragraphs 1, 3, 4, 7, 8, 9, 11 and 12 of its New Matter to CDunterclaim. POWELL, TRACHTMAN, LOGAN, CARRLE & BOWMAN, P.C. Byjj.d~~- c. Gra nger Bowman 1.0. #15706 David W. Francis 1.0. #53718 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: March 8, 1996 . , CERTIFICATE OF SERVICE AND NOW, on March 8, 1996, I hereby certify that I have served a true and correct copy of the within Paul Carlevale t/d/b/a C & z Construction's Preliminary Objections to Iceland Seafood corporation's New Matter to First Amended Counterclaim upon the following person(s) by regular first class united States mail, postage prepaid. Thomas A. French, Esq. Rhoads & Sinon 1 South Market Square Harrisburg, PA 17101 ~~ Dav d W. Franc s z 7 Thomas A, French, Esquire Attorney I.D, No. 39305 RHOADS & SINON One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIFF ICELAND SEAFOOD CORPORATION, Plaintiff v. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-411 CIVIL PAUL CARLEVALE tldlbla C & Z CONSTRUCTION, Defendant .. .. .. .. .. .. .. .. RO'l'ICB TO 1>T.1ZltJ) TO: David W, Francis, Esquire Powell, Trachtman, Logan, Carrle & Bowman, P.C. 114 North Second Street Harrisburg, PA 17101 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereto or a judgment may be entered against you, RHOADS & SINON By: #;;b/ Tho~s' A, French - One South Market Square P.O, Box 1146 HarriSburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff . . Thomas A. Prench, Bsquire Attorney I.D. No. 39305 RHOADS & SINON One South Market Square, 12th Ploor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNBYS POR PLAINTIPF ICBLAND SBAPOOD CORPORATION, Plaintiff IN THB COURT OP COMMON PLBAS, CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW . . v. NO. 96-411 CIVIL PAUL CARLBVALB tldlbla C & Z CONSTRUCTION, Defendant .. .. .. .. .. .. .. .. .. FIRST AMENDED AlIlsw.If.K AND NEW MA"n.If.K TO FIRST AMENDED COUNTERCLAIM NOW COMES, Plaintiff, Iceland Seafood Corporation, by its attorneys, Rhoads & Sinon, and files the within Pirst Amended Answer and New Matter to First Amended Counterclaim, as follows: 1, It is admitted that a snowstorm occurred during this period of time, After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph 1 and the same are denied. Proof, thereof, if relevant, is demanded at time of trial. ~ 2. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 2 and the same are denied, Proof, thereof, if relevant, is demanded at time of trial. 3, It is admitted that a snowstorm occurred on this date, After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph 3 and the same are denied. Proof, thereof, if relevant, is demanded at time of trial, 4, Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 4 and the same are denied. Proof, thereof, if relevant, is demanded at time of trial. 5, It is admitted only that Iceland was concerned about damage or collapse of its roof as a result of weather conditions. The remaining averments are denied, 6. Admitted. 2 3 7. It is admitted that C & Z Construction quoted Iceland a price of $.65 per square foot for snow removal. It is denied that Iceland accepted the terms of the proposal. 8, Denied. On the contrary, C & Z Construction utilized approximately six people, shovels, and three snowblowers to perfo~ snow removal. 9. Denied as stated. C & Z Construction had agreed to remove snow from each of the warehouse roofs at the facility, C & Z Construction also agreed to remove snow from the office area roof. The original sum for the work was $30,000, sum of which C & Z unilaterally demanded be increased to $35,000, 10, Denied, C & Z Construction employees left the site at 9:00 P.M. on January 17, 1996, The work was far from having been completed on that evening, 11, Denied as stated, It is admitted that some of C & Z's employees worked for several hours the following day, It is denied that during the course of removal, an Emergency Work Order was submitted. On the contrary, after the work had been abandoned by C & Z, an individual acting on Defendant's behalf demanded that , 0 the Work Order be signed. Iceland employees questioned the document as more specifically set forth in Plaintiff's Complaint. 12. Denied. It is denied that C & Z completed its work. 13. Denied. It is denied that C & Z completed removal of the snow. It is further denied that Iceland attempted to renegotiate the price of the work, Iceland complained that the work had not been completed and was unsatisfactory. As a result, Iceland refused to pay and demanded that funds paid in excess of work performed be returned. 14. Said document speaks for itself and requires no response, 15. Denied. On the contrary, Iceland responded immediately by initiating the instant litigation to recover sums wrongfully obtained by the Defendant, 16. Denied, Iceland had refused to pay C & Z because the work had not been performed, 4 <, WHBRBFORB, Plaintiff Iceland Seafood Corporation demands judgment against Defendant Paul Carlevale tldlbla C & z Construction in an amount is below the mandatory arbitration limits in this County, together with interest, costs and attorneys fees. ANS1fBR TO PIRST llM1nmBD COUN'l'BRCLAIK 1. Plaintiff incorporates by reference the averments contained in its Complaint and its Reply to New Matter above as if set forth expressly herein. 2. Denied. C & Z abandoned the project and failed to perform the work as agreed to. C & Z was substantially overpaid for the work performed, 3. Denied as stated, Once the work had been abandoned by C & Z and Iceland became aware that C & Z did not intend to complete the contract as agreed, Iceland expressed substantial dissatisfaction, demanded repayment of sums unjustly obtained by Defendant, and refused to pay any further amounts due to Defendant. 4, Denied, Iceland Seafood did not attempt to renegotiate the price of the contract. Iceland requested that it 5 . ,o.-r,' ,. be repaid a substantial portion of the amount prepaid as a result of the failure to complete by C & z. S. Denied as stated. C & Z has refused to remit overpayments to Iceland. C & Z continues to wrongfully attempt to obtain payment in this case. 6. Denied, It is denied that the terms of the contract call for Iceland to pay C & Z's attorneys fees. On the contrary, the "Emergency Work Order" does not contain the terms of the contract between the parties but, on the contrary, it was signed after abandonment of the work, without consideration, and does not accurately represent the terms of the oral agreement which existed between the parties which the Defendant breached by its failure to p,erform. COtlNT I Breach of Contract 7. The averments of paragraphs ~ through 6 above are incorporated by reference, 8. Denied. It is denied that C & Z completed the work required under the snow removal contract and it is denied that 6 .. ~ C & Z is entitled to additional payment for work completed. On the contrary, Plaintiff has already overpaid C & Z and is entitled to a refund of a portion of payments made and wrongfully withheld by Defendant. 9, Denied. It is denied that C & Z fully and properly performed its obligations under the agreement existing between the parties and it is denied that Iceland failed to pay C & Z in accordance with terms of said agreement. On the contrary, Iceland has overpaid C & Z and is entitled to a refund. 10, Denied. The averments contained in paragraph 10 constitute conclusions of law to which no response is required and the same are denied, WHEREFORE, Plaintiff Iceland Seafood Corporation demands judgment in its favor and against Defendant Paul Carlevale tldlbla C & Z Construction, dismissing the First Amended Counterclaim, and for costs and attorneys fees, 7 < ." ~~., .....".., ) - COURT II Contraotor-Subcontraotor PaYment Act 11. The averments of paragraphs 1 through 10 are incorporated herein by reference. 12, Denied. It is denied that the work was completed satisfactorily or otherwise, abandoned. On the contrary, the project was 13 . Denied. The averments contained in paragraph 13 constitute conclusions of law to which no response is required and the same are denied. 14, Denied. The averments contained in paragraph 14 constitute conclusions of law to which no response is required and the same are denied. 15. Denied, The averments contained in paragraph 15 constitute conclusions of law to which no response is required and the same are denied. 8 ~ ....... .. < 16. Denied. The averments contained in paragraph 16 constitute conclusions of law to which no response is required and the same are denied. 17. Denied. The averments contained in paragraph 17 constitute conclusions of law to which no response is required and the same are denied. By way of further answer, by reason of Defendant's wrongful invocation of the Contractor-Subcontractor Payment Act, Plaintiff as a substantially prevailing party, and not Defendant, is entitled to recover its attorneys fees as a matter of law. WHEREFORE, Plaintiff Iceland Seafood Corporation demands judgment in its favor and against Defendant Paul Carlevale t/d/b/a C & Z Construction, dismissing the First Amended Counterclaim, and for costs and attorneys fees. AMBNDBD NEW MAT'l'BR 1. Plaintiff's Complaint and the averments contained in each of the above paragraphs to this Answer and New matter are incorporated herein by reference. 9 2. Defendant's First Amended Counterclaims are barred in that they fail to state claims upon which relief can be granted. 3. The contract alleged by Defendant is unenforceable due to lack of consideration. 4. The contract alleged by Defendant is unenforceable due to failure of consideration. 5. The contract alleged by Defendant is unenforceable as against public policy. 6. Defendant failed to perform the oral agreement between the partes. Defendant's performance was condition precedent to its entitlement to payment. 7. Defendant entered into the agreement to remove snow with Plaintiff knowing that Defendant did not have the intention, ability in terms of equipment and manpower or experience necessary to properly complete the snow removal. Thereafter, Defendant wrongfully, falsely, and fraudulently insisted upon payment in full of exorbitant amounts, seeking to take advantage of Plaintiff, in an emergency situation, and sought, fraudulently, to enter into a written contract which did NOT accurately reflect the oral 10 agreements. Defendant is barred by this conduct from r&covering any amounts under the agreement. 8. Defendant is barred from recovery by the Doctrine of Estoppel. 9. Defendant is barred by the Doctrine of Unclean Hands. 10. Defendant is barred from recovery because the contract is unconscionable and therefore unenforceable. 11. Defendant is barred from recovery by its abandonment of the work. 12. The alleged contract is void for vagueness. 13. The alleged contract is voidable because it was entered into under extreme duress. 14. Defendant's conduct as a stated in the Complaint constitutes an unlawful act or practice in violation of the Pennsylvania Unfair Trade Practice and Consumer Protection Law, 73 11 . P.S. 5201-3 and Defendant's First Amended Counterclaims are barred thereby. 15. Defendant's conduct in pursuing these counterclaims and in continuing with the prosecution and defense of this action is obdurate, vexatious and done in bad faith, and done for the purposes of delay, entitling plaintiff to an award of attorneys fees pursuant to 42 Pa. C.S.A. 5 2504. WHEREFORE, Plaintiff Iceland Seafood Corporation demands jUdgment in its favor and against Defendant Paul Carlevale t/d/b/a C & Z Construction, dismissing the First Amended Counterclaim, and for costs and attorneys fees. RHOADS & SINON ~ Thomas A. French One South Market Square P.O. Box 1146 HarriSburg, PA 17108-1146 (717) 233-5731 By: Attorneys for Plaintiff 199718 12 . . . VERIFICATION Thomas I. Sublett, deposes and says, subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsification to authorities, that he is the Vice President of Operations of Iceland Seafood Corporation, that he makes this verification by its authority and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. Date: ;(; (1M ~k~_/..JiJ~Af'- Thomas I. Sublett ...-- ,-'" .; . . CBRTIFICATE OF SERVICE I hereby certify that on this \~~ day of March, 1996, a true and correct copy of the foregoing "Reply to New Matter and Answer to First Amended Counterclaim" was served by means of United States mail, first class, postage prepaid, upon the following: David W. Francis, Esquire Powell, Trachtman, Logan, Carrle & Bowman, P.C. 114 North Second Straet Harrisburg, PA 17101 ~ tL~;L Carol A. Buck ... - h: ., .;; \"': ,:' C ~I .rf# w-', ..~ \is' , . , . ..- " :;j o. t:', ,,'} ,- \.~ ~' . '1 r.: '. r ') i .. ,. 1".) .J .... ,~ . J . . . ........,..~;~.>...;,;;" ".~.";;.""';.:,, Th.... A. Franch, E.qulr. AU.r_ 1.0. N.. 39305 RKDADS & IINON one South M.rk.t lqulr., 12th Floor P.o. ,.. 1146 H.rrl.burg, Ponnoylvonl. 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINT.FF ICELAND SEAFOOD CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. NO. 96-411 CIVIL PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION, Defendant .. .. .. .. .. .. .. .. .. NOTICB OF SBRVICB TO THE PROTHONOTARY: Kindly have notice that on the 8th day of April, 1996, Plaintiff's Answers and Objections to Defendant's Interrogatories and Plaintiff's Responses and Objections to Defendant's Request for Production of Documents in the above-captioned matter were served by United States mail, first class, postage prepaid upon counsel for Defendant, David W. Francis, Esquire, Powell, Trachtman, Logan, Carrle & Bowman, P.C., 114 North Second Street, HarriSburg, PA 17101. By: RHOADS & SINON /L---- Tqpmas A. French One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233 -5731 Attorneys for Plaintiff 1101404 '. ~'~;.;ri'_,::;:::(.'<'.,~,:;. POWELL, TRACHTMAN, LOGAN, CARRLE & BOWMAN, P.C. BY' C. GRAINGER BOWMAN, ESQUIRE ATTORNEY 1.0. NO. 15706 DAVID W. FRANCIS, ESQUIRE ATTORNEY 1.0. NO 53718 MICHAEL W. WINFIELD, ESQUIRE ATTORNEY 1.0. NO. 72680 114 NORTH SECOND 8TREET HARRISBURG, PA 17101 (717) 238-9300 ATTORNEYS FOR DEFENDANT ICELAND SEAFOOD CORPORATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. . . PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION Defendant NO. 96-411 civil Terra . . . . C'Z CONSTRUCTION'S REPLY TO NEW MATTER TO FIRST AMENDED COUNTERCLAIM Defendant Paul Carlevale t/d/b/a C & Z Construction, by its counsel, hereby replies to Iceland Seafood corporation's First Amended Answer and New Matter to First Amended Counterclaim as follows: 1. Defendant C&Z Construction incorporates the averments set forth in its Answer, New Matter and Counterclaim as if fully set forth here at length. 2. Denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in paragraphs 2 are specifically denied. Strict proof is demanded at time of trial. "...,-.... < .. "-~ -.. \ 3. Denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in paragraphs 3 are specifically denied. strict proof is demanded at time of trial. 4. Denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in paragraphs 4 are specifically denied. strict proof is demanded at time of trial. 5. Denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in paragraphs 5 are specifically denied. strict proof is demanded at time of trial. 6. Denied. C&Z Construction fully performed the work under the contract. 7. Denied as stated. It is specifically denied that C&Z Construction did not have the intention ability in terms of manpower or experience to properly complete the snow removal. C&Z Construction did complete the snow removal. It is further denied that C&Z wrongfully, falsely or fraudently insisted upon payment in full of exorbitant amounts. C&Z only sought payment of the full amount. It is admitted that it was an emergency situation in that Iceland Seafood was concerned that the roof would collapse due to excessive weight of snow and rain. However, it is denied that C&Z sought to take advantage of the emergency situation or to fraudulently enter into a written contract that did not reflect the oral agreements. By way of 2 3 further answer after C&Z had performed its work and the emergency had pas~ed, Iceland Seafood sought to revise the terms of the contract for a lower price for work performed. 8. Denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in paragraphs 8 are specifically denied. Strict proof is demanded at time of trial. 9. Denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in paragraphs 9 are specifically denied. strict proof is demanded at time of trial. 10. Denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in paragraphs 10 are specifically denied. strict proof is demanded at time of trial. 11. It is specifically denied that C&Z abandoned the work. C&Z fully performed the work and is entitled to payment in full. 12. Denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in paragraphs 12 are specifically denied. strict proof is demanded at time of trial. 13. Denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in paragraphs 13 are specifically denied. strict proof is demanded at time of trial. By way of further answer, it is admitted that the plaintiff was e extremely concerned about the weight of the snow and rain and the possibility of a collapsed roof. It is denied that the contract is voidable because of this concern. 14. Denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in paragraphs 14 are specifically denied. strict proof is demanded at time of trial. 15. Denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in paragraphs 15 are specifically denied. strict proof is demanded at time of trial. By way of further answer, plaintiff's conduct at pursuing its complaint against C&Z Construction is obdurate, vexatious and in bad faith and done for the purposes of delay entitling the defendant tu an award of attorneys fees pursuant to 42 Pa.C.S.A. S 2504. WHEREFORE, Defendant Paul Carlevale t/d/b/a C&Z Construction, Inc. demands judgment in its favor and against Plaintiff Iceland Seafood Corporation, Inc. and demands attorneys fees as authorized by 42 Pa.C.B.A. S 2504. POWELL, TRACHTMAN, LOGAN, CARRLE & BOWMAN, P.C. Date: May 10, 1996 Byj)J~ ~ David W. Francis I.D. #53718 114 North Second street Harrisburg, PA 17101 (717) 238-9300 - 4 .:." .... , . VERII'ICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. .~~ . Paul Car eva e ~. Date: 5lsht. t<" , . CERTIFICATE OF SERVICE AND NOW, on May 10, 1996, I hereby certify that I have served a true and correct copy of the within C , Z Construotion's Reply to New Matter to First Amended Counterolaim upon the following person(s) by U.S. First Class Mail, postage prepaid. Thomas A. French, Esq. Rhoads & Sinon 1 South Market Square Harrisburg, PA 17101 -ID~ By Dav d W~ Francis ---- '. In f' I ~ ":, u.t\. , ('1,' , .-: F" , '.j ,- c..' ....-, l .i- f": ... " j l;._ : I , , I, ~ . . ;.,\_~:,. -'.>.~~.-",' "_""'-"-'-*~'-' Th.... A. Franch, Eoqulr. Attornoy 1.0. No. 39305 RKDADS & SINON one South M.rk.t Square, 12th Floor P.O. go. 1146 H.rrl.burg, Ponnoylvonl. 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIFF ICELAND SEAFOOD CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-411 CIVIL v. PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION, Defendant .. .. .. .. .. .. .. .. .. NOTICB OF SBRVICB TO THE PROTHONOTARY: Kindly have notice that on the 31st day of May, 1996, Plaintiff's Response and Objections to Defendant's Request for Entry Upon Land in the above-captioned matter were served by United States mail, first class, postage prepaid upon counsel for Defendant, David W. Francis, Esquire, Powell, Trachtman, Logan, Carrle & Bowman, P.C., 114 North Second Street, Harrisburg, PA 17101. RHOADS & SINON By: -#v Thomas A. French One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 1104780 I' r . " >. . ;, I , 1 ~ _ ( " .. I . ;' t ~.1 . !- l .. Th.... A. Franch, E.qulr. Attorney 1.0. No. 39305 RKDADS & SINON one South M.rk.t lqulr., 12th floor P.O. '0. 1146 H.rrl.burg, Ponnoylvonl. 17108-1146 (717) 233.5731 ATTORNEYS FOR PLAINTIFf ICELAND SEAFOOD CORPORATION, Plaintiff v. PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION, Defendant .. .. .. .. .. .. .. .. .. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 96-411 CIVIL NOTICB OF SBRVICB TO THE PROTHONOTARY: Kindly have notice that on the 31st day of May, 1996, Plaintiff's Responses and Objections to Defendant's Second Request for Production of Documents in the above-captioned matter were served by United States mail, first class, postage prepaid upon counsel for Defendant, David W. Francis, Esquire, Powell, Trachtman, Logan, Carrle & Bowman, P.C., 114 North Second Street, Harrisburg, PA 17101. 1104780 RHOADS & SINON By: ~~ Thomas A. French One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff :. t;) v~ . . , Ill' " r'- , , 'l POWELL, TRACHTMAN, LOGAN, CARRLE & BOWMAN, P.C. BY' C. GRAINGER BOWMAN, ESQUIRE ATTORNEY 1.0. NO. 15706 DAVID W. FRANCI8, E8QUIRE ATTORNEY 1.0. NO 53718 MICHAEL W. WINFIELD, ESQUIRE ATTORNEY 1.0. NO. 72680 114 NORTH SECOND STREET HARRISBURG, PA 17101 (717) 238-9300 ATTORNEYS FOR DEFENDANT ICELAND SEAFOOD CORPORATION, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - LAW v. PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION Defendant NO. 96-411 Civil Term NOTICE TO PLEAD TO: Thomas A. French YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER, NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. /J 11 ~ "\. B~w. Francis POWELL, '1'RACHTMAN, LOGAN, c:A1IRLB & BY, C. GRAINGBR BOWMAN, BSQUIRE ATTORNE~ 1.0. NO. 15706 DAVID W. FRANCIS, BSQUIRE ATTORNEY I,D. NO 53718 MICHAEL W. WINFIBLD, BSQUIRE ATTORNBY 1.0. NO. 72680 114 NORTH SBCOND STREBT HARRISBURG, PA 17101 (717) 238-9300 ATTORNBYS FOR DBFBNDANT BOWMAN, P.O. ICELAND SEAFOOD CORPORATION, INC., IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . : CIVIL ACTION - LAW v. . . PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION Defendant NO. 96-411 civil Term . . PAUL CARLBVALB t/d/b/a C , Z CONSTRUCTION'S ANSWER, HB1f MATTER AND COUNTERCLAIM TO ICBLAND SEAFOOD CORPORATION Defendant Paul Carlevale t/d/b/a C & Z Construction, by its attorneys Powell, Trachtman, Logan, Carrle & Bowman, P.C., hereby files this Answer, New Matter and Counterclaim as follows: ANSWER 1. Admitted upon information and belief. 2. Admitted. 3. It is admitted that on or about January 16, 1996, Iceland Seafood contacted C&Z and requested a price for C&Z to remove snow from Iceland Seafood's main warehouse roof. The ..c;~...~~;..t'~"'~:'~~'_~~:':'J:'~'i.,.;~.::;_~=;._:',,,,..::~~:~,:~~i9~:~~'f.;;;~~._,~. terms of the contract called for a price of $.65 per square foot. Subsequently, on January 17, 1996, the parties agreed that C&Z would complete snow removal from the large warehouse roof and a partial snow removal from a lower warehouse roof for a firm sum of $35,000. 4. Denied as stated. As of January 16, 1996, C&Z agreed to remove snow from the main roof of Iceland Seafood's warehouse. Subsequently, and after work had begun on the main roof, C&Z and Iceland Seafood agreed that C&Z would do partial snow removal from the lower roof. 5. Denied as stated. The contract called for C&Z to remove snow from the main warehouse roof, and partically remove snow from the lower roof in exchange for $35,000.00. $15,000 was to be paid up front, and the remainder to be paid upon completion. It is denied that C&Z ever demanded more than called for in the contract. 6. Admitted. 7. Denied. C&Z employed approximately 10 employees to remove snow from the main roof on or about January 17, 1996. 8. Denied. On January 17, 1996, C&Z's employees worked for a total of 13 hours on Iceland Seafood's main warehouse roof. At the time C&Z left the site, they had completed snow removal on the main warehouse roof. On or about January 18, C&Z returned with 10 workers who completed the partial removal on the lower roof in approximately 6 hours. It is categorically denied that C&Z ever abandoned the work. 2 9. Plaintiff's Complaint does not contain a paragraph numbered 9. 10. Denied. C&Z fully completed the snow removal from the upper roof, and fully completed the partial removal from the lower roof. It is categorically denied that C&Z abandoned the site, or that "an employee from C&Z returned [after abandoning the site] and demanded that an Iceland employee sign the Emergency Work Order." The work order was signed while C&Z personnel were still on site performing the work. It is denied that Iceland Seafood questioned the accuracy of the document, or had any reluctance to sign the emergency work order. It is denied that a true and correct copy of the work order is attached as Exhibit "A", in that notations appear to have been made by Iceland Seafood's personnel on that copy. Otherwise the emergency work order appears to be accurate. 11. Denied. The work was completed. 12. Categorically denied. C&Z did complete the removal of the snow from the main warehouse roof and the partial removal from the lower warehouse roof. 13. Denied. Upon information and belief, Iceland Seafood refused to pay C&Z the contract balance because Iceland Seafood sought to renegotiate the price term of the contract after the work was completed. It is categorically denied that C&Z only performed lot of the work. Accordingly, strict proof of this averment is demanded at the time of trial. 3 '<"':' -,." 4 WHEREFORE, Defendant C&Z Construction demands judgment in its tavor and against Plaintiff Iceland Seafood an well as costs, tees, and attorney's fees as permitted by law. NEW IU'.TTBR 1. On or about January 7 and 8, 1996, Central Pennsylvania experienced a snowstorTO known cOlDIDonly as the "Blizzard ot 1996," in which approximately three feet of snow fell, and severe winds caused drifting conditions. Upon information and belief, several feet of snow fell on Iceland Seafood's warehouse roofs, located in Camp Hill, PA. 2. Upon information and belief, during the ensuing days, temperatures remained cold, and the snow remained on top of the Iceland Seafood warehouses. 3. On or about January 12, 1996, Central Pennsylvania experienced another severe snow fall that dumped approximately another foot of snow. Upon information and belief, this snowfall fell on top of the already accumulated snowfall on top of the Iceland Seafood warehouse roofs. 4. During the week of January 15, 1996, the local weather forecast called for heavy rains to occur on January 19, 1996. 5. Upon information and belief, Iceland Seafood was concerned that the expected heavy rain would apply too much weight to the warehouse roof, and potentially cause a collapsed roof. 6. On or about January 16, 1996, Iceland Seatood contacted C'Z and solicited C&Z to perform snow removal trom the main warehouse root located at 1250 Slate Hill Road, Camp Hill, PA. 7. C&Z Construction quoted to Iceland the price of $.65 per square toot to conduct snow removal. Iceland accepted the terms ot the proposal. 8. On or about January 17, 1996, C&Z Construction utilized approximately 10 people, shovels and two commercial 12 horsepower snowblowers and 3 other snowblowers to perform snow removal from the main warehouse roof. 9. While C&Z was removing the snow from the main warehouse roof, Iceland Seafood requested that C&Z partially remove snow from the lower warehouse roof as well. At that time, the parties orally agreed that C&Z would complete removal from the upper roof and do a partial removal from the lower roof for a total sum of $35,000. 10. C&Z Construction worked for approximately 13 hours on January 17, 1996 on the main warehouse roof and completed the work before leaving the site that evening. 11. On or about January 18, 1996, C&Z began the partial removal of the snow from the lower roof. During the course of the partial removal, C&Z presented Iceland Seafood with an emergency work order to commemorate the terms of the agreement. Iceland Seafood executed the emergency work order without questioning its terms or debating its accuracy. 5 I I , l . 12. C&Z completed the partial removal of the snow from the lower roof on or about January 18, 1996. 13. After C&Z had completed the removal of the anow, Iceland Seafood attempted to renegotiate the price of the work. At no time did Iceland Seafood state that C&Z had only completed lot of the work. C&Z orally demanded payment in full, and Iceland Seafood orally refused to pay. 14. On or about January 22, 1996, C&Z Construction demanded payment of the remaining $20,000 in writing. A true and correct copy of this letter of demand is attached hereto as Exhibit "A". 15. Iceland Seafood never responded to the letter of demand. Instead they filed the Complaint set forth at Docket No. 96-411. 16. The Complaint was the first ~ that Iceland Seafood alleged C&Z failed to complete the work, or only completed lOt of the work. WHEREFORE, Paul Carlevale t/d/b/a C&Z Construction respectfully demands judgment in its favor and against Iceland Seafood Corporation and demands that it be awarded costs, fees, and attorney's fees as permitted by law. 6 ~ , G COUNTERCLAIM 1. Defendant C&Z incorporates by reference the averments contained in its Answer and New Matter as it they were expressly set torth in this Counterclaim. 2. C&Z fully performed the snow removal required by the terms ot the contract, for which they are entitled to payment of the entire contract sum. 3. At no time during the course of the work did Iceland Seafood express dissatisfaction with C&Z's snow removal operation. At the conclusion of the work, Iceland Seafood inspected C&Z's work and found it acceptable. 4. After the completion of the work, Iceland Seafood attempted to renegotiate the price of the contract. 5. C&Z has refused to renegotiate the contract amount, and has demanded payment in accordance with the Contract, for which Iceland has refused to pay. 6. The terms of the contract call for Iceland to pay C&Z's reasonable attorney's fees in the event of nonpayment. COUNT I Breach of Contract 7. The averments of paragraphs 1 through 6 are incorporated by reference. 8. C&Z has completed all work on the snow removal contract in accordance with the contract. C&Z is entitled to payment in full for all work completed. 7 9. Despite C&Z having fully and properly performed its obligations under the snow removal contract, Iceland Seafood has failed and refused to pay C&Z in accordance with the terms of the contract. 10. Iceland Seafood's failure to pay C&Z constitutes a material breach of contract. WHEREFORE, Paul Carlevale t/d/b/a C&Z Construction demands jUdgment in its favor and against Iceland Seafood Corporation in the amount of $20,000, plus costs, fees, attorney's fees and such other relief as this court deems appropriate. COUNT II Contractor-Subcontractor PaYment Act 11. The averments of paragraphs 1 through 10 are incorporated herein by reference. 12. C&Z completed all work on the snow clearing contract in accordance with the contract. 13. The contract between C&Z and Iceland Seafood is a "Construction Contract" within the statutory definition of the Contractor and SUbcontractor Payment Act, 73 P.S. S 501 ~ ~ (1994) ("the Act") . 14. Iceland's failure to pay C&Z is a violation of the Act. 15. Pursuant to the terms of the Act, C&Z is entitled to recover, as a matter of law, interest at the rate of 1% per month or fraction of month on the balance of the amount due from January 18, 1996 until payment. 8 16. Pursuant to the terms of the Act, C&Z is entitled to recover, as a matter of law, a penalty equal to 1% per month or traction of month on the balance of the amount wrongfully withheld. 17. Pursuant to the terms of the Act, C&Z is entitled to recover, as a matter of law, a reasonable attorney fee in an amount to be determined by the Court, together with expenses. WHEREFORE, Paul Carlevale t/d/b/a C&Z Construction demands judgment against Iceland Seafood Corporation for a sum in excess of $20,000.00, plus interest at a rate of 1% per month, costs, attorney's fees, and penalties at the rate of 1% per month as required by law. POWELL, TRACHTMAN, LOGAN, CARRLE & BOWMAN, P.C. B~~J>~ av d W. Francis I.D. #53718 C. Grainger Bowman I.D. 15706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: February 12, 1996 9 " ';:.h.t'';;',:''~t~~~c, ___1...11...". ... au ""'.UQ.lI. _II'." n.., ..neUD @ .....-- - L^,III ornca POWELL. TRACHTMAN, LOGAN, CARRLE 8 BOWMAN A "kOfn~ION^L COkPOkATlON II.. NOR-nt stCONn 5TAUT MlCHAll. G TR.Ao-tn4^H PAUL A LC:~:.^N..'" CUNTHIA 0 CAllkU. C. GIlAINGU. IOWMAN IUCHAkD I ASHENfEL Tll'. Jk JONATHAN K. HOLUN JOB. p, PU.U.SWN. MAU 1. MdC.AfN. !THAN N HAUUUTADT- MVlD T. 1CILClJt.. UVlN .. WATSON o.-.VlD y, f1lANCU snVlN Co BARDSLEY- kOlU.T L BA1.1.AR.D- MAllIA T, COUNTky. t.OCHAlL w. ""NnUDe ANDIU'" .. CLAUSS H^PJUSBURC. PA 11101 (111) 238.9300 FACSIMILE (111) 23B.V32~ 361 .wuTlt GUlPlIllCMn kiNe. OF "IW~~I^" "A 1940ti (010) J~...OI00 fAX (610) )!).c.01fiO !tuln 126 811 CUUkCIt RO\D ClIlkkY lULl. NJ D8DO;:! (609) 663.0021 fAX (600) 603.I!JDO January 22, 1996 Of couww. MlPIl I !'Own!. JR PATIlICK .. LIDDlE- -ALSO ADMITTED IN HJ 'ALSO ADWITTlD IN Ne -ALSO ADNlTT1D IN ~D -ALSO ADWlTTr.O IN Of: PUASE RDl.Y TG Harrisburg Mr. Tom Sublett vice President of operations Iceland Seafood corp. 1250 Slate Hill Road Camp Hill, PA 17011 Re: C&Z Construction, Inc. Work Order for Removal of Snow From Warehouse Roof Dear Mr. Sublett: This firra represents C&Z Construction ("C&Z"). It has been brought to our attention that C&Z recently contracted with the Iceland Seafood Corporation ("Iceland") tor the removal of snow from the main roof and partial removal from the lower roof of your facilities for the sum of $35,000.00. C&Z fully complied with the terms of the agreement by removing the snow as required. By the terms of the contract, payment was due upon completion. However your company has only made a partial payment of $15,000, refused to tender the remaining amount due, and advised C&Z that you will not pay the remaining $20,000.00 Iceland's actions are a material breach of contract. Accordingly, demand is hereby made that Iceland remit to C&Z payment of the outstanding $20,000.00 promptly. ,/ ~ i ' - Mr. Sublott January 22, 1996 paqe 2 We will assume that, if C&Z does not receive payment by the close of business January 29, 1996, that Iceland has no intention of paying the amount due and owing, and that legal action will be required. If legal action is required, C&Z will seek recovery of its attorney's fees, as is outlined by the terms of the Emergency Work Order. Very truly yours, POWELL, TRACHTMAN, LOGAN, CARRLE . ,o~.c. ByM t ---- David W. Francis DWF/mak cc: Paul Carlevale c. Grainger Bowman . "'~r->"'(i:':".t~'i';t:-"'~~":" .':":-+C': . VERIFICATION I verify that the statements made in the foregoing Answer, New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ~//~ ~~c?a-Z ....... Date: 0/ hIP Paul Carlevale CERTIFICATE OF SERVICE AND NOW, on February 12, 1996, I hereby certify that I have served a true and correct copy of the within Paul Carlevale t/d/b/a C'I Con.truotion'. AD.ver, Hev Hatter and Countero1aia to Ioeland Seafood corporation upon the fOllowing person(s) by regular first class United States mail, postage prepaid. Thomas A. French, Esq. Rhoads & Sinon 1 South Market Square Harrisburg, PA 17101 By i.;: 0 '- " (") f-:--: r:: (.:. ~. :'~ ;:S UJ~1 (.,)"!. ')(i~ r'~ ' . . L. _, w... "'rc' ':"):-.1 9., , ';-.. D' (') :,',-,1') LJ.JL .! ~:.- -J1" " -...:. LC lJ..i ;~ I '. Lo_ '. '0, ~~ 5 '-' c . U "">>'-."""'_""i . Th.... A. Franch, Eoqulr. Attorney 1.0. No. 39305 RHCADI & SINON LLP Dna louth M.rk.t lqulr., 12th Floor P.O. 10. 1146 H.rrl.burl, ponnoylvonll 17108-1146 (7\7) 233.5731 ATTORNEYI FOR PLAINTIFF ICELAND SEAFOOD CORPORATION, plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-411 CIVIL v. PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION, Defendant .. .. .. .. .. .. .. .. .. NOTICB OF SERVICB TO THE PROTHONOTARY: Kindly have notice that on the 17th day of July, 1996, the Request for Production of Documents - Set II in the above- captioned matter were served by United States mail, first class, postage prepaid upon counsel for Defendant, David W. Francis, Esquire, Powell, Trachtman, Logan, Carrle & Bowman, P.C., 114 North Second Street, Harrisburg, PA 17101. RHOADS & SINON LLP ~ Thomas A. French One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff By: 1108329 , " \..... ,":.. c.J C': C , .. - III ~ ,., '. -. <.,1; <j ('" iJ.. "- ' ~~ - r;--, ':.J ..): """; ;:? UO' !i~ _J, u..:' -- .(~ " ~'" \' , ~ , <.... \.. ; ) ICELAND SEARXlO lDRroRATICW Plaintiff In The Court of Cocmon Pleas of ) ) ) ) ) ) ~ Cumberland County. Pennsylvania ~o. 411 19 96 CIVIL ACTICW - LAW PAUL CALEVALE t/d/b/a C&Z u..I'Cjna.A':j'J.~. DeferxJant OA':1i We do solemnly swear (or affirm) that we ~ill support, obey and defend the Constitution of the United States and the Consticutio~ of this Cocmon- wealth and that we will discharge the duties of our office with fidelity. ~Jl "'lv ~:-:nan J!MJ~ / AWARD We, the undersi~ed arbitrators, having been duly appointed and swo~ (or affirmed), cake the following award: (Note: If dzcages for delay are awarded, they shall be separately stated.) 0.., *\,~ <.0"" ....I.,r W" (-',,,,J.. ,,, f'"""c~ oF- -\-".. lJ. "'.J." ~ . ()" 'h,... l~<:l=t..JD.\ -- c...oll ""''''cl~l""" I.....'\. P,..,J.. ", v:6....,-r " f- +......... 0.<< f."Jo~\- ....).. u ":1d.' "'., t -1-1,,,- '" IQ.~ t.,c r- ,.... -t,,~ C\""C~'.1 ~ c(: <....\s;oco) 00\\",.1, f,f'l.... \\.,..,..~^ applicable. ) . Arbitrator, dissents. (Insert nace i: Date of Hear~'g: --zt;J/ ~/~J( ~. .. ~ ~'! (.. AWARD f- Mrlrrh Ii lqq7 . P- :late of Award: UA. llOTICE OF llow, the 7/11, day of ~. 19n... at ./1.i1!J.., A../:'I., the above award was entered upon the docket and notice thereof given by ~il to the ?arti~s or ta~ir a=:o~eys. Arbitrators' cocpensation :0 be paid upon appeal: S rJ.q(J. 00 ~~..I'{1 3y: fj~_ t. ,)1/~ Prochonota::-v IJ, /1/~ ~e?u::.. , " '\ ~ .... . - - . .,. >- o. -' u:; c': -., .. r~ 1-- 1J1~4J - )c.;.,~ : "..' O. " F'< ....- ;"2 d' 'i;, i ( ,.... , , C' I ,",: "'." , , .__1, r- ;(J (;: .- ~'! u.. I' " v r- 0 L' C/'I 1 'l V?~~ ~ LJ/L/'2 ~~ Thomas A. French, Esquire Attorney I,D. No, 39305 RHOADS " SINON One South Market Square, 12th Floor P.O, Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIrF v. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-411 CIVIL ICELAND SEAFOOD CORPORATION, Plaintiff PAUL CARLEVALE t/d/b/a C & Z CONSTRUCTION, Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END TO: THE PROTHONOTARY Kindly mark the above-captioned matter settled, discontinued and ended, with prejudice. POWELL, TRACHTEMAN, LOGAN, CAR~/l& BOWMAN ~. C. By: ~ ~ D 'd -W~~F ' E ' av~ . ranCIS, squ~re 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 RHOADS & S!NON LLP By: ,A , // / Thom:Z~f/~ One South Market Square Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Attorneys for Plaintiff /124808 -, ,... ", L": I " , (1- l..' .' (.- j' .:--. C " C...... , " ( ", j I , .~ 1.."- !l. r- , '-' C'~ ".J