Docket Number: 3938 SPENCER MECHANICAL, INC. J. Michael Wiley, Esquire VS. ROBERT FEASTER CORPORATION, aka, The Robert Feaster Corporation

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1 SPENCER MECHANICAL, INC. J. Michael Wiley, Esquire VS. ROBERT FEASTER CORPORATION, aka, The Robert Feaster Corporation Lane F. Kelman, Esquire VS. *COMMONWEALTH OF PENNSYLVANIA, Department of General Services David L. Narkiewicz, Assistant Chief Counsel

2 *May 6, 2008 Spencer filed Claim, proof of mailing and filing fee. Amount of Claim: $53, May 12, 2008 Board issued Acknowledgment letter and forwarded a copy of the Claim to Attorney General. May 16, 2008 Attorney General filed Acknowledgement of Claim dated May 12, Receipt of same acknowledged on May 14, May 19, 2008 Feaster filed Preliminary Objections Pursuant to BOC R.P. 205 and Brief in Support. *June 11, 2008 Spencer filed Amended Statement of Claim and proof of mailing. Amount of Claim: Unchanged. June 13, 2008 Board issued Acknowledgment letter and forwarded a copy of Amended Claim to Attorney General. June 13, 2008 Board issued Opinion and Order. Order as follows: AND NOW, this 13 th day of June, 2008, the preliminary objections filed by the Defendant on May 19, 2008, are hereby DENIED as MOOT. Copy forwarded to Plaintiff and Defendant. June 19, 2008 Attorney General filed Acknowledgement of Amended Claim dated June 13, Receipt of same acknowledged on June 18,

3 June 20, 2008 Spencer filed Acceptance of Service of Opinion and Order dated June 13, Receipt of same acknowledged on June 19, July 2, 2008 Feaster filed Acceptance of Service of Opinion and Order dated June 13, Receipt of same acknowledged on June 15, July 14, 2008 Feaster filed Preliminary Objections Pursuant to BOC R.P. 205 and Brief in Support. July 14, 2008 Commonwealth of Pennsylvania, Department of General Services filed Preliminary Objections to Plaintiff s complaint and Brief in Support. July 17, 2008 Board forwarded letter to Spencer Mechanical requesting response to DGS s Preliminary Objections. July 17, 2008 Board forwarded letter to Spencer Mechanical requesting an amendment to the caption. August 12, 2008 Spencer filed letter stating that they nor Feaster had received DGS s Preliminary Objections. DGS is going to forward a copy to both parties. *August 12, 2008 Spencer filed Amended Statement of Claim Pursuant to 62 Pa.C.S.A. 1725(a) and proof of mailing. Amount of Claim: Unchanged. 3

4 August 12, 2008 Spencer filed Response to Preliminary Objections Pursuant to BOC R.P. 205 and Memorandum of Law in Opposition. August 18, 2008 Board forwarded letter to Plaintiff directing them to file a third amended claim. Once the third amended claim is filed, all prior motions will be considered moot. *September 2, 2008 Spencer filed Third Amended Statement of Claim Pursuant to 62 Pa.C.S.A. 1725(a) and proof of mailing. Amount of Claim: Unchanged. September 3, 2008 Board issued Acknowledgment letter and forwarded a copy of the Claim to Attorney General. September 9, 2008 Attorney General filed Acknowledgement of Claim dated September 3, Receipt of same acknowledged on September 5, September 12, 2008 Spencer filed Verification in Support of Third Amended Statement of Claim Pursuant to 62 Pa.C.S.A. 1725(a). September 26, 2008 DGS filed letter stating that they were not a party in this claim and Spencer Mechanical had never made an administrative claim against them. DGS and Robert Feaster are requesting a teleconference with the Board to discuss the procedural nature of this case. September 30, 2008 Robert Feaster filed Preliminary Objections to the Third Amended Claim of Spencer Pursuant to BOC R.P. 205 and Brief in Support. [04A103108D] 4

5 October 1, 2008 Board forwarded letter to Spencer requesting a response to Robert Feaster s Preliminary Objections. October 1, 2008 Board forwarded letter to DGS stating that the Board sees no purpose to a teleconference at this time, but may reconsider after it has received all preliminary objections to the Third Amended Statement of Claim and had opportunity to review same. October 2, 2008 DGS filed Preliminary Objections to the Third Amended Statement of Claim and Brief in Support. [04A103108D] October 3, 2008 Board forwarded letter to Spencer requesting a response to DGS s Preliminary Objections. October 31, 2008 Spencer filed Response to the Commonwealth s Preliminary Objections to Plaintiff s Third Amended Statement of Claim and Brief in Opposition. October 31, 2008 Spencer filed Response to Preliminary Objections of Robert Feaster Corporation/The Robert Feaster Corporation Pursuant to BOC R.P. 205 and Brief in Opposition. November 14, 2008 Feaster transmitted a letter via facsimile objecting to Spencer s many amendments and requests oral argument to Spencer s claim that the Board has jurisdiction in this matter. 5

6 November 17, 2008 Feaster filed letter objecting to Spencer s many amendments and requests oral argument to Spencer s claim that the Board has jurisdiction in this matter. November 18, 2008 Spencer transmitted letter via facsimile responding to Feaster s letter of November 14, 2008 to the Board. November 20, 2008 Spencer filed letter responding to Feaster s letter of November 14, 2008 to the Board. January 13, 2009 Board rendered Opinion and Order. Order as follows: AND NOW, this 13 th day of January, 2009, upon consideration of the preliminary objections filed by both the Department of General Services ( DGS ) and Robert Feaster Corporation ( Feaster ), it is hereby ORDERED and DECREED as follows: 1. The preliminary objections of DGS based on the Board s lack of in personam jurisdiction over DGS in this matter are hereby GRANTED. Spencer s claim against DGS is DISMISSED. 2. The preliminary objections of Feaster based on the lack of privity of contract between Spencer and Feaster and the failure of subject-matter jurisdiction in the Board are hereby OVERRULED. Leave is granted to Feaster to file an answer to Spencer s third amended complaint within 30 days of the exit date of this Order. Copy forwarded to all parties of record. January 22, 2009 DGS filed Acceptance of Service of Opinion and Order dated January 13, Receipt of same acknowledged on January 20, January 28, 2009 Feaster filed Acceptance of Service of Opinion and Order dated January 13, Receipt of same acknowledged on January 27,

7 February 12, 2009 Feaster filed Answer with Affirmative Defenses (New Matter) to Third Amended Statement of Claim and New Matter. Feaster filed Joinder Complaint. *February 12, 2009 February 13, 2009 Board forwarded letter to Plaintiff requesting response to New Matter. February 13, 2009 Spencer filed Acceptance of Service of Opinion and Order dated January 13, Receipt of same acknowledged on February 12, February 17, 2009 Board issued acknowledgment letter and forwarded Defendant s Joinder Complaint to the Attorney General. February 25, 2009 Attorney General filed Acknowledgement of Joinder Complaint dated February 17, Receipt of same acknowledged on February 23, March 5, 2009 Spencer filed Reply to Feaster s Affirmative Defenses. March 19, 2009 DGS filed Preliminary Objections for Joinder Complaint and Brief in Support. March 20, 2009 Board forwarded letter to Feaster requesting response to DGS s Preliminary Objections. 7

8 April 23, 2009 Feaster filed Praecipe to Discontinue Without Prejudice its joinder complaint against DGS. April 28, 2009 Board rendered Order. Order as follows: AND NOW, this 28 th day of April, 2009, upon receipt of a Praecipe executed by Lane F. Kelman, Esquire, on behalf of Defendant, Robert Feaster Corporation, aka, The Robert Feaster Corporation, requesting that the Board kindly mark the above-captioned docket settled and discontinued as to the Commonwealth of Pennsylvania, Department of General Services only, pursuant to BOC. R.P. 702, docketed with this Board under date of April 23, 2009, it is ORDERED and DIRECTED that the above-captioned matter, as it pertains to Robert Feaster Corporation, aka, The Robert Feaster Corporation vs. Commonwealth of Pennsylvania, Department of General Services, be marked settled and discontinued without prejudice. The remaining claim of Spencer Mechanical, Inc. against Defendant, Robert Feaster Corporation, aka, The Robert Feaster Corporation, shall continue as an active claim before the Board. Copy forwarded to all parties of record. May 1, 2009 DGS filed Acceptance of Service of Order dated April 28, Receipt of same acknowledged on April 30, May 6, 2009 Feaster filed Acceptance of Service of Order dated April 28, Receipt of same acknowledged on May 1, May 6, 2009 Spencer filed Acceptance of Service of Order dated April 28, Receipt of same acknowledged on May 4, May 17, 2013 Plaintiff filed Praecipe to Discontinue. 8

9 May 22, 2013 Board rendered Order. Order as follows: AND NOW, this 22 nd day of May, 2013, upon receipt of a Praecipe executed by J. Michael Wiley, Esquire, on behalf of Plaintiff, Spencer Mechanical, Inc., requesting that the Board mark the above-captioned matter discontinued and ended, docketed with this Board under date of May 17, 2013, it is ORDERED and DIRECTED that the above-captioned matter be marked settled, discontinued and ended with prejudice. Copy forwarded to all parties of record. May 28, 2013 Plaintiff filed Acceptance of Service of Order dated May 22, Receipt of same acknowledged on May 23,