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HomeMy WebLinkAbout02-4675THE TOWNSHIP OF EAST PENNSBORO MARY ARNOLD Registered Owner IN THE mtr! OF CUMBERLAND COUNTY, PENNA. No..0.,,~..:...q.~..7. ,~...~Q.. TERM ........... EPT LIEN DOCKET THE TOWNSHIP OF EAST PENNSBORO hereby files its claim against ................................ MARY ARNOLD registered owners, and all that certain lot or piece of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, on the MAGARO ROAD ............................................................................... side of ................................................................................. o~ 40Magarx~ Rd, Enola, PA 17025 and having thereon and being known and numbered ............................................................................. erected a dwel]ing house ................................................................ for: 1. Sewer rental for the period of 1-1-2000 to 9-30-2002 both dates being inclusive, for a total amount of $ ........ .1.2.0.,2..:.9...3. ......................... 2. Sewer tap-on fee and sewer installation charges as follows: The said sewer installation was completed on the ................................ day of ...................................................... and duly assessed and taxed and charged as per bill and statement as follows: The said services were provided, or the installation made, by the Township of East Pennsboro and tax levied therefor in strict accordance with Ordinances Nos. 54-58 and 55-58, as amended, which Ordinances were duly ordained by the said Township on December 3. 1958. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. GILL .............................................................................. being duly sworn according to law, deposes and says that he is ................... ~..A..G..E..R. ................................................ of the Township of East Penneboro, and that the facts set forth in the foregoing claim are tru~ and correct to the best of his know- ledge, information and belief. [~L~/f~gi]~]l~..]~' ROBERT L. GILL Sworn and subscribed to before me this 4th day of SEPTEMBER 2002 ...................... i ............. S AL I HELEN M. GRIFRTH, Nota~] PuNIc E~d Pe,r, slx~o Twp. Cung:~'land Co. SGS CONSTRUCTION, INC., .Plaintiff V. KUX GRAPHIC SYSTEMS Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-4765 : REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM AND NOW comes the Plaintiff, SGS Construction, Inc., which, by and through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Reply to New Matter and Answer to Counterclaim. I. REPLY TO NEW MATTER 20. Plaintiff hereby incorporates paragraphs 1 tl~rough 19 of its Complaint as though set forth here at length. 21. The allegations contained in paragraph 21 of Defendant's New Matter constitute a conclusion of law to which no response is necessary. 22. The allegations contained in paragraph 22 of Defendant's New Matter constitute a conclusion of law to which no response is necessary. WHEREFORE, Plaintiff, SGS Construction, Inc., respectfully requests the Court to enter judgment in its favor and against the Defendant, Kux Graphic Systems, in the principal amount of $12,790.00, plus interest, costs, penalties and attorneys' fees as allowed by law. H. ANSWER TO COUNTERCLAIM 23. Plaintiff hereby incorporates paragraphs 1 tln:ough 19 of its Complaint and paragraphs 20 through 22 of its Reply to New Matter as though set forth here at length. 24. Denied as stated. It is denied that Plaintiff failed to complete its work in a good and workmanlike manner. To the contrary, Plaintiff ,completed its work as required by the parties' contract. It is further denied that Plaintiff failed to complete its work in a timely fashion. To the extent there were delays on the Project, those delays were caused by Defendant's failure to deliver the proper materials to the Project in a timely manner. 25. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments contained in paragraph 25 of Defendant's Counterclaim. By way of further answer, Defendant has failed to list with any degree of specificity its alleged loss of business and profits. WHEREFORE, Plaintiff, SGS Construction, Inc., respectfully requests the Court to dismiss Defendant's Counterclaim, and enter judgment in its favor and against the Defendant, Kux Graphic Systems, in the principal amount of $12,790.00, plus interest, costs, penalties and attorneys' fees as allowed by law. DATED: December 5, 2002 Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 Respectfully submitted Thomas A. Beckley, E~qmre ~omas S. Beckley, Esquire A~omeys for Pla~tiff SGS Cons~ction, hc. I, Gary Kirklin, hereby verify that I am an adult individual; that I am authorized to make this statement on behalf of SGS Construction, Inc.; that I have read the foregoing document; and that the facts set forth in the foregoing docttment are tree to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating: to unswom falsification to authorities. SGS Construction, Inc. CERTIFICATE OF SERVICE I, Thomas S. Beckley, Esquire, hereby certify that on this day a tree and correct copy of the foregoing document was served upon the persons and in the manner indicated below: SERVICE BY FIRST CLASS MAll, Charles Rector, Esquire Law Offices of Charles Rector, Esquire, PC 1104 Femwood Avenue, Suite 203 Camp Hill, Pennsylvania 17011 DATED: December 5, 2002 Thomas S. Beckley