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HomeMy WebLinkAbout00-00062 t ____ GARY BARRICK t/d/b/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Civil Action - Law v. DAVID L. HITTLE And ROBIN M. HITTLE, His wife, No. ~ODO - ~~ (?-trJ~lL~ Defendants NOTICE TO DEFEND 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 00.E, GO. TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 240-6200 SALOIS, SHUFF & MASLAND SAlDfS, /I SHUFF & Dated: Ab~ Ib, f9'iJ MAS LAND A'ITORNEVS-AT.LAW 16 W. Bigh Sneet Carlisle, P A By: Joh Sup eme Co rt 1.0. # 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAlms; SHUFF & MAS LAND A1TORNRYl;.AT_UW 26 W. High Siree! Carlisle. P^ GARY BARRICK t/d/b/a BARRICK'S PLUMBING ~ HEATING, INC. Plaintiff v. DAVID L. HITTlE and ROBIN M. HITTlE, his wife IN THE COURT OF COMMON. PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .NO. ,;} WV - t, 2- ~ --r-L-- Defendants COMPLAINT 1. The plaintiff is Gary Barrick t/d/b/a Barrick's Plumbing & Heating, Inc. a Pennsylvania Corporation doing business at P.O. Box 977, Carlisle, PA 17013. 2. The n~fendants are David L. Hittie and Robin M. Hittie his wife, adult individuals residing at 121 Channel Drive, Carlisle, Cumberland County, Pennsylvania. 3. On or about October 19, 1999, the Plaintiff and Defendants entered into a contract for Plaintiff to perform certain plumbing and sewerage work for a hook up in North Middleton Township. 4. Specifically, the Plaintiff agreed to. perform the work and the Defendants agreed to pay the Plaintiff on a time and materials basis. 5. Certain work was completed at the residence of the Defendants at 121 Channel Drive; a copy of the invoice that was provided from Plaintiff to Defendants is attached hereto and marked as Exhibit A. 6 . In addition, work was to be contracted for a performance of a rental property at 125 Channel Drive; a copy of said work order is_attached hereto and marked as Exhibit B. SAlOIS, SHUFF & MAS LAND ATIORNEYS.AT.LAW 26 W. High Street Carlisle, PA 7. The Plaintiff completed all the work as requested, and sent the Defendants the bills accordingly. 8. The total charge for both properties was $4,263.15 as evidenced by the attached exhibits. 9. Despite repeated demands, the Defendants have and continue to refuse to pay the amount of $4,263.15; the Defendants have paid to the Plaintiff a total sum of $2,864.88 leaving a balance owed to the Plaintiff in the~<;lmount of $1,398.27. 10. On the invoices, and pursuant to the contract between the Plaintiff and the Defendants, interest is charged at 10% if paYment is not received within 30 days. WHEREFORE, the Plaintiff prays Your Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants in the amount of $1,398.27, plus interest at 10%, plus costs of this suit. Respectfully submitted, SAIDIS, SHUFF & MAS LAND By: SAIDIS, SHUFF & MASLAND ATfOONEVS....ToL....'"'_ 2' W. II1Ih Stre~t Carlislt. PA .-243~G4<:ffi SAID!S SHJFF 111'<SIJ1riD . 539 po...;. . DEe 13 . 93 15: 15 VERIFICATION I verify that ~h,,~ stataments made in this Complaint are tYue and correct. I unde~stand ~hat fa:se ~taternents herein are made subJect to the penalties of 18 Pa. C.S. Section 4904, relati:1g to ~n8worn falsification to '""OdCi"~ i2~ Gary Bar ick I I Dated: II II I i I D:i.t.. t'i r (qey'i i ,. i! Ii II I: Ii Ii I' I II II I, II II BARRICK'S PLUMBING & HEATING 24 Hour Emergency Service P.o. Box 977 . Carlisle, PA 17013 Phone: 249-4620 N:: 1 6 1 3 Order O..t.e ORIGINAL INVOICE P.O. t# Plb. He.t D.u Shipped D.... 0 O' COD Caah I I I~ I DAV ~d f.-ll' toot; "'- CAPNNe.-! OIl.../vG Job or Shipping InstrUctions Sold To C~/ISJC. ~t9 /7(;1/3 rum Ordered ! BID j 5hpd. De-sc:r:1ption j Amount TOTAL I ! II (nrJ SPi rl- V ..t;IJM I ? 99' , I I err Iv .s /rl'fpClrJy 9- / c';fd Nit/I Iltv.'\JS.. /).. 00 / 1'/,)..- .. '''; . (je..Jd 9- d- N~75 J- w~5 A~5' 'is- 3 I ChroMe. J fa- . ~ ~ /'/--;.. {'f1NM e ..r:/r'tNr;ed fA.( /{7c.-5 . ;1.0 9Q 5 / I I II ,i /s r; J'Vl r-.cd (.. wi .R,?! I I ';10 Y '10 . ;t a 5r:./5 tv J?- )c /Z INk 5 ~ ciysE/ 617 lis I? (JO 7 ;J.... ~ I;). U ;:: Ie ..t S.JO ~ If(: S' 0 ro . I 1'1. I ~gR9 (e. "'" -e/l/ / "7 dO . f I ilf ..50"- 70 f?1I C. 8'/5AI/I/( y fs II Y'" 'IS- "1- w I ~ I '10 10 / ,P1Ic... 5.1 1- J x I~ pt.lc Ie :;.. /1 '11 ,PI/' C- '-IS 't /- ..J" P(/{ COllp/lr/ j> I ,,::,- 11 I 'f 7 12 / ; 'i Y.3 Pile tJyC 9- 1- ..3'1 ,Pi/ C mO 1'1 ,iJ.O " I / I .l~ I've.. ~T y~ 't 1 - J" ,Pile. ..$-r YO ? ;2:t 14 I I 3" K.rr-./c 4' g., 1- 'Ix ...J I've N<- I ~5" '10 II Pile 'IS- r 1- Iv.... f7Yc. - 'rr / / ./'/ ol 3~ I. / ,~ I. I I 'f'l NC P ;"5 h c. 0. v-/ / PIc) J; 7 ,SV 17 I I 't -, jNC 'is"'' :r 1- y" Rr/\/cO ~/ ,/0 I IS' /:>_1 'f II f'iI C .. f'tp <:: .; ff ('lie. I?,o e 3 i I '11 IS Y /- 3 ,. i I I ,II/}. pvc (6..1(/ /;N(' ..... 1- 1/...... C 9'tJ '" ;)..50 I I I i '1J...x ~f- C d't-d o.,vrll.VI 1- /'!.;.: Co 1'1 \::'7' '0 1- ;.. i .. --i :,-S- ITEMS MARKED BIO Pa.y Within IO Days &f 07 WILL FOLLOW (Service Work Finance Charge of 10"70 Sub- Total After 30 Days) I --- ITEMS ORDERED Tax SPECIAL By Catoe NOT RETURNABLE (Pleuc Wrtte Name Clearly) q 5"":;- 07 TOTAL ALL CLAfMS FOR SHORTAGE OF' ERROR MUST BE MADE WITHIN 7 DAYS AF"TER RECEIP1' OF ~ERCHANDtSE NET: 31) DAYS" A F1NA.NCE CHARGE OF' l.....'l:. PER MONTH WILL BE-CHARGED ON ALL ACCOUNTS OVER 30 DAYS. THIS IS AN ANNUAL PERCENTAGE RATE Olf' 18"~. Exhibit flAil ,p!Q/JJ 7<:,---- ..-1..'1).1"::- CJ\:"~ CLI,li\.- el<{,GJ "P , ( ~,.?:: .!!1'O~~ _BARRICK'S PLUMBING & HEATING ~ - ~, '...-... F ,- 24 Hour Emergency Service ~:~ ~' ,~_ ~.c P.O, Box 977 , Carlisle,PA17013 ~ ~ ~ Phone: 249-4620 it 11-1:) ~~ (W.-ij)N~ 1614 Order Oat<< ORIGINAL INVOICE P.o. II Dau Shipped hJ. COD Cub. ! ! Sold To ~ . DAvl rl H ( t-tr (., /d.- / CAt4"uNC I O;tivC {'14-:(. It 5 Ie.. jJ ;T i "/0 ;" :J Job or ShippmClnsttuetions ;2V3-R&-3-.3 Item Ordersd BIO Shpd. Deseripti.on j AmOunt TOTAL 1 / / '/-).. Chr",",c 1./-'f/uE. If 'fS- 3 I 31 .511"-.J p. II t3 J... de. s IS- <75 2 I 3 / / ~ XY .j',J);"L 7C 5LJ.#c.... a,cF5e/ 11 d(.). ;;;S" r.>- 'i '-/ .~ .50t't.... 3.T Y'fJ e- fO'l 100 . 'f 5 I I 1 'I' c.v y -C 1 ~ '15- . I I / '1" .5T 'f .>-0 c, 00 7 I I If" ClcttrJovl wi P/()y (, (jO . 1/77 I! . /f};//<!:--rr..IY/ ! ..(;,-"M IrJ V -:it:- II..e 3 ,/5""5- 07 10 I 7 11;;--1 103~11S- 11 I / /r leI'!- 1,-/00 00 12 I lJ~cJ:: /u,e. 7- .- c,4-VJl 8'.2 13 S I tJj<.I (... S 707 . L/lbC/C.. 70 00 " 15 I , 1. 17 ,,~, 18 - I ~\.fY " (I V- I -l 20 ... 7-? JJ ITEMS MARKED BIO Pay Within to Days 77 WILL "'FOLLOW (Service Work Finance Charge of JOOJo Sub.Total ITEMS ORDERED After 30 Days) 37 crt' Tax SPECIAL By Date NOT RETtJRNABLE (PlBue Write Name Clea..dy) TOTAL >f 3860 7~ , ALL CLAIMS FOR SHORTAGE OF' ER.ROR MUST BE M.....DE WITHIN 7 DAYS AI"TER. R.ECEIPT OF MERCHANDISE NET~:ro DAYS. A FlN....NC'eCRARGEOF 111,;% PER MONTH Wlt..L BE CHA.RGED ON ALL ACCOUNTS OVER aG O....:'lS. THiS is AN ANNUAL PERC'E:NTA.GE RATE OF 18"1... BARRICK'S PLUMBING & HEATING 24 Hour Emergency Service P.O. Box 977 . Carlisle, PA 17013 Phone: 249-4620 N:: 1 611 ORIGINAL INVOICE P.O.. Order Date Order Worked /0 -/'1'-7'9 Plb. Heat De.~ eM 0 Date Shipped Cha:o COD Cub I I Sold To ()ft v/c1 1-1,' I-+;".e. / ).. 5:" C h .:/ <"\j.v C. ( (; ItS!. Job or Sbippma: Insuuctiona fCrJlt9-1 !?- <7j/C rTY I " OI1,VL 1m ..C i' i I Item Ordcr<:d a(o Sb,pd,.) DescriptioQ Amoun.t TOTAL 1 i I a" {'tiC (~'U.o /,."JC I .5"D f" u . .:>t 100 2 i I 0." ft/( ({>...;IJ/,.V P' J'IL{ X 11/).... PilC ' " I 3 I I O<SA-Nk.6 :;L 00 fC <,"Ncil . I . f / d< ? ?~ 5 I I ~" file. ::57 '10 I ;l.. C) / (.;5' If ')-' riK ?IjC Ape I en 50 . I 7 ol. 9- ("w 5 -f ()' IIf7v1. /7 'IS' 1-/ ..5 ,tf1AJ ;q.1 ( 8/~dr!.-5 . . L( ,;1.0 r:>,/ . I I I 51n'l () I'a iYN 1- 5:c,--c;...,/S (, ()() 10 J' I~' I /1/)).. PVc. ,qtPe ;L loc> 11 I r I / II<! { !;,--o-iN! C 5' 7/--/1 ;;0 1'-' ?5" / I I 'i 'I P~'L - 5D/l.. .6 ~ 5 h ,..-v C I (p 7":>" 12 Id ,. 1 . I ,(;( .3 /:VC DvShf"";y I 5 '1-S- I / 3'( Pile. . ~.J ye I - 7 14 . .::> 15 I- I .7" ..~tlC /:'.C-O. .v1,o/vJ; s-I'IS- " i / 3" r{/C -5/ '-() :J '17 17 I 1 3,X)... Pl/ C 'Te:. -e.. S- 'lr 3- 3 ,;;)"' f'VC c?c;I f\.~/ I r l5u 18 / I .~ C;X 11/>..... PvC Ada ~\.~y I ~ " I .;l :3 20 I I I 1'/>-- k / rl./C <lc!,o ( L)Y ;l. 50 .. pa{Within 10 Days t ITEMS MARla.D BID ,;l.;l :J..... /5 WILL P'OLLQW tService Work Flnance Charge of 100/0 Sub. Total ITEMS ORDERED. Arter 30 Days) Tax - SPECIAL By Date NOT RETURNABLE (Please Write Name Clea.rly) d-~ i5 TOTAL Y; 703 r- ALL CLAIMS FOR SHORTAGE 01" ERROR MUS"!' BE MADE WITHIN 7 DAYS ArrER RI!:CEIPTOF MEBCHANDISE: NET: 30 DAYS. A FINANCE-CHARGE OF I""''''' PER MONTH WfLL BE CHARGED ON ALL ACCOUN1'S OVER 30 DAYS, THIS IS AN ANNUAL PERCENTAGE RATE OF 18"1.. Exhibit "Bu BARRICK'S PLUMBING & HEATING 24 Hour EmllJrgency Service P.O. Box 977 . Carlisle, PA 17013 Phone: 249-4620 N~ 1 6 1 2 P.O.. I Order Date Order Worked /O-i'f- ORIGINAL INVOICE Oept. Plb. Kl Heat o Dace Shipped .pc. COD r- I / Cash So'" To .Dp.~' id. 1-/,' +-t,'c.. /;25- C)y/MIf\JC! Dill t/e.- Ii k ..3 Job or Shippmc InstrUctions j( e~ I n - r"r?u--t ~/ (1M 15 C A 176'i Item Ordered I BIO I Sh'Pd.1 D.scription ^moun~ TOTAL 1 I I I f j x: Jjy ptjC pc!,O :l Iso I f .;/V , 2 I tV Ii Ie ,J /l-1 l;:l ~ 00 I .$5 {" I~;:;,s I 3 <1 ^- ;t 06 I::> :r ?Uc 1_ 900 ?Iso . ;2.-- 5/ . I (-\ f \./'Y3- Pt/C vJ f/e \ s "IS- I f:'C'.riVC c) , 6 / f 3 I~ 1S- i J ' . pvC Ic.:e I go 7 .... ~ I J. · .fT .- . ,;l_ I've '1.s .. 3 06 . I I / / '/"'- I've ~"T 5"0 I GS- 10 I I II .:;I ;, ,&lie Wy-c. .. . . .;:L Iy~ 11 I I / ,,( II pJC FeCI. ;,.;// PJJC ;). '17 12 i I E.t 'I JOI't .57 -^:l. c;. 06 13 ~. ::) If k . 5 01( 'I..>-r::J /;;z.. 00 1< S- ,-,I l.(k 50/l p/~~ "l, po 06 Oc/k f&p , 4s..Scl"'l bJC.Y ~,~y ,. / I tiP '10 00 , ~ '}if Ic.& Ie ;)..37 17 I ,. I J??~,i Jvf I ~f'Y1 IN:) ..::il Ik/j I;,?-. ~ IS- ,. I tr 6u/L-- I 5"";10 100 .. ;).K /( hoC- chl/r,~ 20 sT;;tve, r 3"35" ,,0 . v ITEMS MARKED 1310 Pay Within 10 Days /37t.j ~I WILL FOLLOW (Service Work Finance Charge of 1001'0 Sub-Total ITEMS ORDERED After 30 Days) 5'1 Tax ;1..7 SPECIAL By Date NOT RETIJRNABLE I (Pleue Write Na.me Clearly) /'10 i). ,/0 TOTAL ALL CLAIMS FOR SHORTAGE OF' ERROR ~{UST BE MADE WITHIN i DAYS AFTER RECEIPT 01'" MERCHANDISE NET: 30 DAYS. A FINANCE CHARG:€ OF l~cr. PER MONTH WILL BE CHARGED ON ALL ACCOUNTS OVER. 30 DAYS, THIS IS AN ANNUAL PERCENTAGE RATE OF IS'1... o "'I co n:nCE . J:r- ~ ." "" x- \Jn7N1Y EF TJ 'c. '. .' _,,~, ~ ':' ",." -' .." OOJW-5 PM 1::;6 , ME'OO' \~D COUNTY Cco L1Lt, 'JAh'IA PENNS {Lvt'1"~ ' .P-Io,so .5":00, -B-+-- 'f.<y J': s-o - 'Pc[ my IT. ::IL IS- i./er K. iL P7'?'S~ . \ , ~.:. GARY BARRICK t/d/b/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff; Civil Action - Law v. DAVID L. HITTIE and ROBIN M. lllITIE, his wife No. 2000-62 Civil Defendants. PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as Counsel for myself and for David L. Hittie, Defendants in the above-captioned matter. Dated: January.JL 2000 yM;. &:~, Robin M. Hittie, squire Supreme Court I.D. #46682 121 Channel Drive Carlisle, PA 17013 (717) 243-8233 Attorney for the Defendants ;; GARY BARRICK t/dIb/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OECOMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Civil Action - Law v. DAVID L. mTTIE and ROBIN M. mTTIE, his wife No. 2000-62 Civil Defendants. CERTIFICATE OF SERVICE I, Robin M Hittie, Esquire, Attorney for the Defendants in the above-captioned matter, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Enter Appearance upon Johnna J. Deily, Esquire, Attorney for the Plaintiff, by hand-delivery to the following address: Jolmna J. Deily, Esquire Saidis, Shuff & Masland 26 W. High Street Carlisle, PAl 70 13 Date: f! /'d 1(")0 (717) 243-6222 Robin M. Hittie,. squire Supreme Court LD. #46682 121 Channel Drive Carlisle, PA 17013 (717) 243-8233 Attorney fur the Defendants ,p GARY BARRICK tldlb/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff; Civil Action - Law v. DAVID L. mTTIE and ROBIN M. mTTIE, his wife No. 2000-62 Civil Defendants. NOTICE. TO PLE.AD TO: Gary Barrick t/dlb/a Barrick's Plumbing & Heating, Inc., Plaintiff You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. ~ /J! M' Robin M. Hittie, Esquire Supreme Court I.D. #46682 121 Channel Drive Carlisle, PA 17013 (717) 243-8233 Attorney fur the Defendants GARY BARRICK t/d/b/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Civil Action - Law v. DAVID L. HITTIE and ROBIN M. HITTlE, his wife No. 2000-62 Civil Defendants. ANSWER TO COMPLAINT, NEW MATTER, AND COUNTERCLAIM AND NOW, Come the Defendants, Robin M. Hittie and David L. Hittie, by his attorney, Robin M. Hittie, Esquire, and file this Answer to Complaint, New Matter, and Counterclaim, and in support thereof aver as follows: I. Admitted. 2. Admitted. 3. Paragraph 3 of the Complaint is admitted in part and denied in part. It is admitted that the parties entered into a verbal contract for the Plaintiff to perform such work on a "time and materials" basis. It is denied that the contract was entered into on or about October 19, 1999; to the contrary, the parties entered into the contract in September, 1999. 4. Admitted. 2 5. Admitted. By way of further answer, the invoice was provided to the Defendants after the work had been completed, and the invoiced amount was in excess of the amount actually owed to Plaintiff. 6. Paragraph 6 of the Complaint is admitted in part and denied in part. It is admitted that work was to be performed at the rental property at 125 Channel Drive on a "time and materials" basis. It is denied that Exhibit B to the Plaintiffs Complaint is a "work order." To the contrary, Exhibit B to the Plaintiffs Complaint is a copy of the invoice that was provided by Plaintiff to the Defendants after the work had been completed, and the invoiced amount was in excess of the amount actually owed to Plaintiff. 7. Paragraph 7 of the Complaint is admitted in part and denied in part. It is admitted that the work was completed. It is denied that the work performed at 121 Channel Drive was completed "as requested," for reasons set forth in New Matter below. It is further denied that the invoices were accurate. To the contrary, both invoices overcharged as to "time" and as to "materials." Strict proof as to the accurate amount of "time" for each workman and the actual cost to Plaintiff of the "materials" for the work performed at each property is demanded at trial. 8. Paragraph 8 of the Complaint is denied. Although Plaintiff billed the Defendants in the total amount of $4,263.15, Plaintiff overcharged both as to "time" and as to "materials." Strict proof as to the accurate amount of.''time'' fQLeach workman and the actual cost to Plaintiff of the "material8" for the work performed at each property is demanded at trial. 9. Paragraph 9 of the Complaint is admitted in part and denied in part. It is admitted that Defendants have refused and continue to refuse to pay the amount demanded by the Plaintiff because such amount overcharges both as to "time" and as to "materials." It is admitted that the 3 Defendants have, in good faith, paid to the Plaintiff a total sum of $2864.88, which amount Defendants believe to be more than was owed. It is denied that any balance is owed to the Plaintiff. Strict proof as to the accurate amount of "time" for each workman and the actual cost to Plaintiff of the "materials" for the work performed at each property is demanded at trial. 10. Paragraph 10 of the Complaint is denied. It is denied that any balance is owed to the Plaintiff. It is further denied that the parties ever discussed, let alone agreed to, the payment of any interest. To the contrary, Plaintiff is attempting to alter the tenus of the contract. The invoices assert a claim for interest, but they were provided to the Defendants after the work had been completed and were never agreed to by the Defendants. WHEREFORE, the Defendants pray that Defendants neither be held individually nor jointly liable to Plaintiff; and Defendants pray this Honorable Court to enter judgment in rnvor of the Defendants and against the Plaintiff in the full amount of their overpayment to the Plaintiff plus costs of this suit. NEW MATTER 11. Defendants incorporate herein by reference paragraphs I through 10 above. 12. The contract betwecn the parties was a ''time and materials" contract. 13. The contract required Defendants to pay Plaintiff for the actual time required to perform the work, at the hourly rates set forth below, and for the actual cost paid by the Plaintiff for the materials that bccame part of the flOished product; other than at these tenus, thcre was no contract. 14. At the time the contract was entered into, Plaintiff was silent as to any charges beyond those set forth in Paragraph 13 above, and Plaintiff is now equitably estopped from asserting them. 4 15. Defendants justifiably relied upon Plaintiff's silence as to any terms beyond "time and materials," and Defendants had no duty to inquire as to any such other terms. 16. Plaintiff has overcharged for the work performed at each property, both as to "time" and as to "materials." 17. The contract between the parties required Defendants to pay Plaintiff for the actual time required to perform the work, at the following hourly rates: Plumber at $40 per hour; Helper at $25 per hour; and Backhoe with operator at $45 per hour. 18. Plaintiff's invoices for both properties overcharge for time. 19. The precise reason for the overcharging for time cannot be determined from the fuce of the invoices, because Plaintiff has not provided any breakdown for labor. 20. Defendants believe, and therefore aver, that both invoices charge for time at a higher rate than was agreed upon and/or charge for time when the workmen were not present at the properties. 21. Plaintiff's invoice for 121 Channel Drive also charges for wasted and excess time that was the direct result of Plaintiff's unilateral determination to commence work at 121 Channel Drive on October 14, 1999, following significant rainfall. 22. Plaintiff knew that the rainfall made the working conditions unfavorable. 23. On two prior occasions, Plaintiff had postponed commencing the work at 125 Channel Drive due to rainfall. 24. The contract did not require Plaintiff to begin the work at any particular time. 5 25. The work was not required to be completed until November 16, 1999, which was the deadline imposed by the Carlisle Suburban Authority ("Authority) for the properties to be connected to the sewage system. True and correct copies of the Authority's Notices to Connect for 121 Channel Drive and 125 Channel Drive are attached hereto as Exhibit "A" and Exhibit "B" respectively, and are made a part hereof. 26. In addition to overcharging for time, Plaintiff has overcharged fur materials. 27. Plaintiff's charges for materials exceed the actual cost of the materials to Plaintiff. 28. Defendants believe and therefore aver that the afuresaid mark-ups on materials typically range from approximately 40% to in excess 0[350% over the actual cost to Plaintiff. 29. Defendants have estimated the mark-ups on materials without benefit of the actual supplier invoices, using the descriptions in Plaintiff's invoices and retail price comparisons at Lowe's. 30. Defendants have asked Plaintiff, through his Counsel, to provide the actual supplier invoices to enable an exact calculation of the cost of the materials to Plaintiff, but Plaintiff has not provided the supplier invoices to the Defendants. 31. Defendants believe, and therefore aver, that the actual supplier invoices will reflect contractor discounts and may also include bonuses, such that the mark-ups for the various items may be even higher than Defendants have estimated. 32. Plaintiffs charges for the work performed are contrary to the express terms of the contract between the parties. 33. Plaintiff's charges for the work performed are unconscionable. WHEREFORE, the Defendants pray that Defendants neither be held individually nor jointly liable to Plaintiff; and Defendants pray this Honorable Court to enter judgment 6 in favor of the Defendants and against the Plaintiff in the full amount of their overpayment to the Plaintiff plus costs ofthis suit. COUNTERCLAIM 34. Defendants incorporate herein by reference paragraphs 1 through 33 above. 35. In good faith and in an attempt to amicably resolve this matter, Defendants have paid to the Plaintiff the total sum of $2864.88, which amount Defendants believe to be more than was actually owed. 36. Defendants are entitled to recover any overpayment to Plaintiff. 37. If and to the extent Defendants may have failed to pay the full amount found by this Honorable Court to have been actually due for either property, Defendants demand a setoff of any other amounts overpaid to the Plaintiff. WHEREFORE, the Defendants pray that Defendants neither be held individually nor jointly liable to Plaintiff; and Defendants pray this Honorable Court to enter judgment in favor of the Defendants and against the Plaintiff in the full amount of their overpayment to the Plaintiff plus costs ofthis suit. Respectfully submitted, ~)11. ~, Robin M. Hittie, Esquire Supreme Court LD. #46682 121 Channel Drive Carlisle, PA 17013 (717) 243-8233 Attorney for the Defendants 7 VERIFICATION I verify that the statements contained in the foregoing Answer to Complaint, New Matter, and Counterclaim are true and correct to the best of my knowledge, infurmation and belief: I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: I f}gJoo , 9~J;?/~ David L. Hittie 8 VERIFICA nON I verify that the statements contained in the foregoing Answer to Complaint, New Matter, and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that fulse statements therein are made subject to the penalties of 18 Pa.C.S. ~4904, relating tounswom~fl!lsification to authorities. Date: ! /;'1/ ()f) um dL;. Robin M. Hittie 9 > . EXHIBIT A , - , Carlisle Suburban Authority 240 Clearwater Drive Carlisle, PA 17013-1100 717-243-8269 emaiI csaoff@pa.net August 18, 1999 Property Owner: David & Robin Hittie Property Address: 121 Channel Drive Tax Map Parcel#: 29-17-1581-050 NOTICE TO CONNECT TO CARLISLE SUBURBAN AUTHORITY SEWER SYSTEM You are hereby given notice to connect your -iffiproved property abutting upon the Carlisle Suburban Authority Sewerage System within ninety (90) days of this notice, in accordance with the Code of Ordinances of North Middleton Township, 1979, Chapter XVII, Part I, Section II, and in accordance with the Rules and Regulations of Carlisle Suburban Authority. A connection permit may be obtained at the Carlisle Suburban Authority office, 240 Clearwater Drive, Carlisle, PA 17013-1100, Monday through Friday, 8:00 a.m. to 4:00 p.m.; the phone number is 717-243-8269. Cost of the permit is $1800.00. It is required that you give a twenty-four (24) hour notice prior to the time when connection will be made so that Carlisle Suburban Authority may supervise and inspect the work of connection and perform the necessary testing. This notice should be given to the office at the address above. [ lu. Ko~ E. Lee Koch Superintendent Carlisle Suburban Authority NO CONNECTION IS TO BE MADE TO THE SEWER SYSTEM WITHOUT APPROVAL AND INSPECTION BY CARLISLE SUBURBAN AUTHORITY , " EXHIBIT B " -.;.- ~ '.. Carlisle Suburban Authority 240 Clearwater Drive Carlisle, PA 17013-1100 717-243-8269 email csaoff@pa.net August 18, 1999 Property Owner: David & Robin Hittie Property Address: 125 Channel Drive TaX Map Parcel#: 29-17-1581-031 NOTICE TO CONNECT TO CARLISLE SUBURBAN AUTHORITY SEWER SYSTEM You are hereby given notice to connect your improved property abutting upon the. Carlisle Suburban Authority Sewerage System within ninety (90) days of this notice, in accordance with the Code of Ordinances of North Middleton Township, 1979, Chapter XVII, Part I, Section II, and in accordance with the Rules and Regulations of Carlisle Suburban Authority. A connection permit may be obtained at the Carlisle Suburban Authority office, 240 Clearwater Drive, Carlisle, PA 17013-1100, Monday through Friday, 8:00 a.m. to 4:00 p.m.; the phone number is 717-243-8269. Cost of the permit is $1800.00. It is required that you give a twenty-four (24) hour notice prior to the time when connection will be made so that Carlisle Suburban Authority may supervise and inspect the work of connection and perform the necessary testing. This notice should be given to the office at the address above. t.lu.~l. E. Lee Koch Superintendent Carlisle Suburban Authority NO CONNECTION IST_QBE MADE TO THE SEWER SYSTEM WITHOUT APPROVAL AND INSPECTION BY CARLISLE SUBURBAN AUTHORITY . . = . GARY BARRICK t!dIb!a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMNION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff; Civil Action - Law v. DAVID L. illTTlE and ROBIN M illTTlE, his wife No. 2000-62 Civil Defendants. CERTIFICATE OF SERVICE I, Robin M. Hittie, Esquire, Attorney for the Defendants in the above-captioned matter, do hereby certify that on this date, I served a true and correct copy of the foregoing Answer to Complaint, New Matter, and Counterclaim upon Johnna J. Deily, Esquire, Attorney for the Plaintiff, by hand-delivery to the following address: Johnna J. Deily, Esquire Saidis, Shuff & Masland 26 W. High Street Carlisle, PA 17013 Date: I!!x /00 (717) 243-6222 :t2-tJ1f. :d~ Robin M. Hittie, Esquire Supreme Court l.D. #46682 121 Channel Drive Carlisle, PA 17013 (717) 243-8233 Attorney for the Defendants ~ GARY BARRICK t/dIb/a BARRICK'S PLUMBING & HEATING, INC. Plaintiff; IN TIffi COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Civil Action - Law v. DAVID 1. HlTTIE and ROBIN M. HlTTIE, his wife No. 2000-62 Civil Defendants. CERTIFICATE OF SERVICE I, Robin M. Hittie, Esquire, Attorney for the Defendants in the above-captioned matter, -dO hereby certify that on this date, I served the original and two (2) true and correct copies of Interrogatories to Plaintiff and Request for Production ofDocurnents and ThingS upon Johnna J. Deily, Esquire, Attorney for the Plaintiff, by certified mail to the following address: Johnna J. Deily, Esquire Saidis, Shuff & Masland 26 West High Street Carlisle,PA 17013 Date: h6Yi-raMj /'( ;z.()-t)f) (717) 243-6222 ~m~. Robin M. Hittie, Esquire Supreme Court J.D. #46682 121 Channel Drive Carlisle, PA 17013 (717) 243-8233 Attorney for the Defendants SAIDIS, SHUFF & MASLAND ATIORNEYS-AT'U.W 26 W. High Street Carlisle. P A GARY BARRICK t/d/b/a BARRICK'S PLUMBING & HEATING, INC. Plaintiff v. DAVID L. HITTIE and ROBIN M. HITTIE, his wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-62 Civil Civil Action - Law Defendants ANSWER TO NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, by and through its attorneys Saidis, Shuff & Masland and respectfully avers the following: NEW MATTER 11. No response is required. 12. Admitted. 13. Admitted in part, denied in part; it is admitted that the contract was for time and materials, but it is denied that it was for "actual" time, as nothing was specified in the contract as "actual". 14. Denied; the allegation in paragraph 14 is a conclusion of law to which no response is required. To the extent a response is required. the contract was for time and materials as the manne~ of payment. 15. Denied; the allegation in paragraph 15 is a conclusion of law to which no response is required. To the extent a response is required, the contract was for time and materials as the manner of payment. 16. Denied; Plaintiff has charged for time and materials as alleged in the Complaint. SAlOIS, SHUFF & MASLAND AlTORNEYS-AT-LAW 26 W. High Street Carlisle. P A 17. Admitted in part, denied in part; it is admitted that the hourly rates are correct, but it is denied that it 18. was for any "actual time" as discussed in the contract. Denied; Plaintiff's invoices speak for themselves. Denied; The invoices speak for themselves. Denied; The invoices speak for themselves and the rates 19. 20. as alleged in paragraph 17 are correct. 21. Denied; The Plaintiff's actually had to cancel on a few occasions because the rain fall made working conditions unfavorable, and they had to reschedule other dates for work. 22. Admitted. 23. Admitted. 24. Admitted. 25. Admitted. 26. Denied; the PlaintiLf charged for time and materials as evidenced in the invoices. 27. Denied; the Plaintiff charges for time and materials as evidenced in the invoices. 28. Denied; the contract was for a time and material basis, which includes any mark up that may be made at the prerogative of the Plaintiff. 29. Denied; Strict proof is required at the time of trial. 30. Denied; It is denied that invoices Were requested, and to plead further, the Plaintiff never supplies his actual invoices, as this was not part of the agreed contract. SAlOIS, SHUFF & MAS LAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle. PA 31. Denied; The allegation in paragraph 31 is a conclusion of law to which no response is required. To the extent a response is required, the invoices speak for themselves. 32. Denied; The allegation in paragraph 32 is a conclusion of law to which no response is required. To the extent a response is required, the invoices speak for themselves. 33. Denied; The allegation in paragraph 32 is a conclusion of law to which no response is required. To the extent a response is required, the invoices speak for themselves. WHEREFORE, the Plaintiff prays Your Honorable Court to enter judgfuent- in favor of the Plaintiff and against the Defendants in the amount of $1,398.27, plus interest at 10%, plus costs of Ehis suit. COUNTERCLAIM 34. No response is required. 35. Admitted in part, denied in part; It is admitted that the Defendants have paid Plaintiff $2,864.88, but it is denied that it was in good faith. To plead further, the Defendants are trying to pay less that what was contracted for. 36. Denied; No response is required. 37. Denied; Paragraph 37 is a conclusion of law to which no response is required. To the extent that a response is SAlOIS, SHUFF & MAS LAND ATIORNEVS.A,..LAW 26 W. High Street Carlisle, PA required, the Plaintiff will receive a setoff for the amount that is actually paid to the Plaintiff toward the invoices. WHEREFORE, Plaintiff prays Your Honorable Court to dismiss the Counterclaim of the Defendants. Respectfully submitted, SAIDIS, SHUFF & MASLAND By: VERIFICATION I verify that the statements made in this Answer to New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: J,~ 4- 00 ~?1 G~rnc . SAlOIS, SHUFF & MAS LAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle. PA GARY BARRICK t/d/b/a BARRICK'S PLUMBING & HEATING, INC. Plaintiff v. DAVID L. HITTlE and ROBIN M. HITTlE, his wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-62 Civil Civil Action -Law Defehdants CERTIFICATE OF SERVICE I, Johnna J. Deily, Esquire, Attorney for the Plaintiff, in the above-captioned action, do hereby certify that on this date, I served a true and correct copy of the foregoing Answer to New Matter and Counterclaim upon Robin M. Hittie, Esquire, Attorney for the Defendants, by regular mail post prepaid addressed as follows: Robin M. Hittie, Esquire 121 Channel Drive Carlisle, PA17013 _~r JohnnjV.' D~ilY'd ,Esquire 26 W. ~gh ,Stre.et: Carli le, PA 1i~i3 717-243-6222 Date: );2. /} 5" 00 FLtTr-C:~riC,~ . - ," I '--' ']; 'aTPIT'< ,(., ',,,, ',I,r' ',', " ,1'<- \ '- '-'" 00 F!:f)\:; PM 3: 44 CUMBEi1lf<,NO COUNTY PENNS'(lVA.'liA .. ~ SAIDIS, SHUFF & MAS LAND ATIORNF.VSeAT_L\W 26 W. High Street Carlisle, P A t. GARY BARRICK t/d/b/a BARRICK'S PLUMBING & HEATING, INC. Plaintiff v. DAVID L. HITTlE and ROBIN M. HITTlE, his wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-62 civil civil Action - Law Defehdant.s ANSWER OF PLAINTIFF TO DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS To: DAVID L. HITTlE and ROBIN M. HITTlE c/o Robin M. Hittie, Esquire 121 Channel Drive Carlisle, PA 17013 PLEASE TAKE NOTICE that pursuant to.Pa. R. C. P. 4006, The Plaintiff, Garry Barrick t/d/b/a Barrick's Plumbing & Heating, Inc._responds to the Interrogatories of Defendants, David L. Hittie and Robin M. _Hittie, by serving the Attached Answers. Respectfully submitted, SAIDIS, SHUFF & MAS LAND Date: 3- 8- ou . By: eily,Esq. Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff , , . A , GARY BARRICK tid/b/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff: Civil Action - Law v. DAVID L. IllTTIE and ROBIN M. IllTTIE, his wife No. 2000-62 Civil Defendants. INTERROGATORIES TO PLAINTIFF AND REOUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: Gary Barrick tid/b/a Barrick's Plumbing & Heating, Inc., Plaintiff Demand is hereby made by the Defendants of the Plaintiff for answers, under verification, to the following Interrogatories and Request fur Production of Documents and Things within the time and in the manner prescribed by the rules of this Court. You are required to file answers to the following Interrogatories and Request for Production of Documents and ,.. Things within thirty (30) days after service upon you pursuant to Pa.R.C.P. 4005, 4006, 4009.11, .. .. " and 4009.12. The within Interrogatories and Request for Production of Documents and Things shall be deemed to be continuing so as to require supplemental answers if the Plaintiff obtains additional information from the time the answers are served to the time oftrial Answer each Interrogatory/Request in the numbered paragraphs below. No Interrogatory/Request is to be left blank. , , > , < The term "document" means any written, recorded, printed, typed or other graphic matter of any kind or nature, however produced or reproduced, whether sent or received or neither. The term "person" means all natural persons, corporations, partnerships or other business associations, and all other legal entities. lA. For each "person" which performed work or provided services billed on Plaintiff's invoices numbers 1613 and 1614 for work performed at 121 Channel Drive, Carlisle, Pennsylvania, state the person's full name, residence address, business address, residence telephone number, and business telephone number, and the nature of the work/services provided. ANSWER: Plumber: Employee of Barrick's Plumbing & Heating, Inc., c/o P.O. Box 977, Carlisle, PA Plumber helper: Employee of Barrick's Plumbing & Heating, Inc., c/o P.O. Box 977, Carlisle, PA Back hoe operator: Employee of Whistler's Well Drilling and subcontractor or Barrick's Plumbing & Heating, Inc. 2 18. For each "person" identified in your answer to 1A above, state the dates that the person worked at 121 Channel Drive, Carlisle, Pennsylvania, and the exact time periods that the person worked on each of those dates at 121 Channel Drive, Carlisle, Pennsylvania. ANSWER: 1 . Plumber: 10/14/99 8:00 a.m. to 7:00 p.m. 10/15/99 8:00 a.m. to 9:30 a.m. 10/18/99 8:30 a.m. to 3:30 p.m. 2. Plumber's helper: 10/14/99 8:00 a.m. to 7:00 p.m. 10/18/99 8:30 a.m. to 3:30 p.m. 3. Back hoe operator kept track of his own time and is billing the Plaintiff for his hours and materials; in addition, there is a $25.00 charge for the sump pump, which was included in labor and 1.5 hours of paperwork. 4 lC. ,Attach true and correct copies of all documents within your possession or control or available to you which relate to the information requested in paragraphs 1 A and 1 B above. ANSWER: N/A 5 2A. For each "person" whiGh performed work or provided services billed on Plaintiff's invoices numbers 1611 and 1612 for work performed at 125 Channel Drive, Carlisle, Pennsylvania, state the person's full name, residence address, business address, residence telephone number, and business telephone number, and the nature of the work/services provided. ANSWER: See answer to 1A. 6 28. For each "person" identified in your answer to 2A above, state the dates that the person worked at 125 Channel Drive, Carlisle, Pennsylvania, and the exact time periods that the person worked on each of those dates at 125 Channel Drive, Carlisle, Pennsylvania. ANSWER: 1. Plumber: 10/13/99 8:00 a.m. to 4:00 p.m. 2. Plumber's helper: 10/13/99 8:00 a.m. to 4:00 p.m. 3. Back hoe operator kept track of his own time and material and. billed for both; in addition there was one hour of paperwork. 8 2C. Attach true and correct copies of all documents within your possession or control or available to you which relate to the information requested in paragraphs 2A and 28 above. ANSWER: N/A 9 , 3. For each of the materials itemized on Plaintiff's Invoices numbers 1613 and 1614 for the work perfurmed at 121 Channel Drive, Carlisle, Pennsylvania: A. identifY the material with an exact description; B. state how much if any of the material became part of the finished product at the said property; C. state the name, address, and telephone number of the supplier from which Plaintiffobtained the material; and D. state the exact cost paid by the Plaintiff to acquire the material. ANSWER: Plaintiff objects to this Interrogatory as it is not relevant to the suit. The contract was for time and materials, and Plaintiff's costs are not relevant. 10 4. For each of the materials itemized on Plaintiff's Invoices numbers 1613 and 1614 for thc work perfurmed at 121 Cha1)nel Drive, Carlisle, Pennsylvania, attach true and correct copies ofall documents within your possession or control or available to you which reflect the exact cost paid by the Plaintiff to acquire the material, including but not limited to supplier invoices and receipts. ANSWER: See response to question 3. 14 5. . For each of the materials itemized on Plaintiff's Invoices numbers 1611 and 1612 for the work performed at 125 Channel Drive, Carlisle, Pennsylvania: A. identify the material with an exact description; B. state how much if any of the material became part of the finished product at thc said property; C. state the name, address, and telephone number of the supplier from which Plaintiff obtained the material; and D. state the exact cost paid by the Plaintiff to acquire the material. ANSWER: See response to question 3. 16 6. For each of the materials itemized on Plaintiffs Invoices numbers 1611 and 1612 for the work perfurmed at 125 Channel Drive, Carlisle, Pennsylvania, attach true and correct copies of all documents within your possession or control or available to you which reflect the exact cost paid by the Plaintiff to acquire the material, including but not limited to supplier invoices and receipts. ANSWER: See response to question 3. 20 . ~ tJJ. 11~. Robin M. Hittie, Esquire Supreme Court I.D. #46682 121 Channel Drive Carlisle, PA 17013 (717) 243-8233 Attorney for the Defendants 22 . . , GARY BARRICK t/dIb/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintin: Civil Action - Law v. DAVID L. IllTTIE and ROBIN M. HITTlE, his wife No. 2000-62 Civil Defendants. CERTIFlCATE OF SERVICE I, Robin M. Hittie, Esquire, Attorney for the Defendants in the above-captioned matter, do hereby certifY that on this date, I served the original and two (2) true and correct copies of the foregoing Interrogatories to Plaintiff andReauest for Production of Documents and Things upon Johnna J. Deily, Esquire, Attorney for the Plaintin: by certified mail to the fullowing address: Johnna J. Deily, Esquire Saidis, Shuff & Masland 26 West High Street Carlisle, PA 17013 Date: r,JMMA/f'1 t'{ :2.-0'00 (717) 243-6222 kYJ1,~ Robin M. Hittie, Esquire Supreme Court I.D. #46682 121 Channel Drive Carlisle, P A 17013 (717) 243-8233 Attorney for the Defendants 24 VERlFICA nON The undersigned verifies that: (1) the Answers to Interrogatories and the Answers to Defendants' Request for Production of Documents and Things contained herein are true and correct; and (2) the Documents and Things provided herein in response to Defendants' Request for Production of Documents and Things are true and correct copies of the originals. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn fulsification to authorities. Date: 23 SAlOIS, SHUFF & MASLAND ATTORNEVS-AT-LAW 26 W. High Street Carlisle. P A GARY BARRICK t/d/b/a BARRICK'S PLUMBING & HEATING, INC. Plaintiff v. DAVID L. HITTlE and ROBIN M. HITTlE, his wife : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-62 Civil civil Action cLaw Defendants CERTIFICATE OF SERVICE I, Johnna J. Deily, Esquire, Attorney for the Plaintiff, in the above-captioned action, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiff's Answers to Interrogatories to Plaintiff and Request for Production of Documents and Things upon Robin M. Hittie, Esquire, Attorney for'Ehe Defendants, by regular mail post prepaid addressed as follows: Robin M. Hittie, Esquire 121 Channel Drive Carlisle, PA 17013 Joh 26 '''''''''fJN'1-:7JofIO. . ",.. Ir::; r"/'\./r tvOTARy 00 11M 10 AIi II: 00 CUr~f&t:R1Jt 10 CO!.Jtrry , I"t:NNSY/..VAIVi4 " '. ili . ':; WlAA ~ 9 2000tP GARY BARRICK tid/b/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintin: Civil Action - Law v. DAVID L. IllTTIE and ROBIN M. IllTTIE, his wife No. 2000-62 Civil Defendants. ORDER AND NOW, this day of , 2000, upon consideration of Defendants' Motion to Compel Plaintiff to Answer Interrogatories and to Produce Requested Documents, it is hereby ordered as follows: I. Plaintiff's objections to Defendants' Interrogatories to Plaintiff and Request for Production of Documents and Thinl!:s are dismissed; 2. Plaintiff is hereby ordered to file with the Court aI).d serve upon Defendants complete and accurate Answers to the Interrogatories to Plaintiff and Request for Production of Documents and Things and to produce all documents requested therein within days of the date of this Order, or be subject to sanctions. J. . MAR .2 [I 2DOaib GARY BARRICK t/dIb/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Civil Action - Law v. DAVID L. IllTTIE and ROBIN M. IllTTIE, his wife No. 2000-62 Civil Defendants. RULE TO SHOW CAUSE AND NOW, this day of , 2000, upon consideration of Defendants' Motion to Compel Plaintiff to Answer Interrogatories and to Produce Requested Docunlents, a Rule is hereby issued upon Plaintiff to show cause, if any there be, why the relief requested in the said Motion should. not be granted. The Rule is returnable J. MAR 2 9 200aiP GARY BARRICK tidlb/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Civil Action - Law v. DAVIDL. HITTlE and ROBIN M. IllTTIE, his wife No. 2000-62 Civil Defendants. ORDER AND NOW, this day of , 2QOO, upon consideration of Defendants' Motion to Compel Plaintiff to Answer Interrogatories and to Produce Requested Documents, it is hereby ordered as follows: 1. Plaintiffs objections to Defendants' Interrogatories to Plaintiff and Request for Production ofDocnments and Things are dismissed; 2. Plaintiff is hereby ordered to file with the Court and serve upon Defendants complete and accurate Answers to the Interrogatories to Plaintiff and Reauest for Production of DOI;!Jlll(:nts and. Jhinl!S and to produce all documents requested therein within days of the date ofthis Order, or be subject to sanctions. J. MAR 2 9 2000tP GARY BARRICK Vd/b/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Civil Action - Law v. DAVID L. IllTTIE and ROBIN M. IllTTIE, his wife No. 2000-62 Civil Defendants. RULE TO SHOW CAUSE AND NOW, this day of , 2000, upon consideration of Defendants' Motion to Compel Plaintiff to Answer Interrogatories and to Produce Requested Documents, a Rule is hereby issued upon Plaintiff to show cause, if any there be, why the relief requested in the said Motion should not be granted. The Rille is returnable J. , -" GARY BARRICK, d/b/a BARRICK'S PLUMBING & HEATING, INC., Plaintiff IN THE COURT OF COM1vl:ON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DAVID L. HITTIE and ROBIN M. HITTIE, his wife, Defendants NO. 2000-0062 CIVIL TERM ORDER OF COURT AND NOW, thisstst day of March, 2000, upon consideratIon of Defendants , Motion To Compel Plaintiff To Answer Interrogatories and To Produce Requested Documents, and of Plaintiffs Answer to Defendant's Interrogatories and Request for Production of Documents and Things, a discovery conference is SCHEDULED in chambers of the undersigned judge for Ffiaay, April 14, 2000, at 3:15 p.m. BY THE COURT, ~ k1 J. .~~ . <<00 ~ '>)">~V J esley Oler, Johnna J. Deily, Esq. 26 W. High Street Carlisle, PA 17013 Attorney for Plaintiff Robin M. Hittie, Esq. 121 Channel Drive Carlisle, PA 17013 Attorney for Defendants :rc 0 c (') c:: 0 .,., :?~ -0--$ :Jl:: '-J nlr" ;l:'1;. ::.L ~;rj = ;;lpq U> -"r::9 ~ ~- ~r? ;<0 OL -JU ;:;;" -0 --1 -. ::.: C', :':J ""'- . -';t(J ::;;0 ~ ~m C :z ::< 'f1 ~ <J1 . . -, > MAR 2 9 2000 t/J GARY BARRICK tldIb/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff; Civil Action - Law v. DAVID L. IllTTIE and ROBIN M. IllTTIE, his wife No. 2000-62 Civil Defendants. ORDER AND NOW, this , 2000, upon consideration of day of Defendants' Motion to Compel Plaintiff to Answer Interrogatories and to Produce Requested Documents, it is hereby ordered as follows: 1. Plaintiff's objections to Defendants' Interro!!atories to Plaintiff and ReQuest for Production ofDocllp1ents l\i1d Thin!!S are dismissed; 2. Plaintiff is hereby ordered to file and serve upon Defendants complete and accurate Answers to the Interro!!atories to Plaintiff and ReQuest for Production of Documents and Thinl!s and to produce all documents requested therein --- -- -. within days ofthe date ofthis Order, or be subject to sanctions. J. GARY BARRICK tidlbJa BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PJaintin: Civil Action - Law v. DAVID L. IllTTIE and ROBIN M. IllTTIE, his wife No. 2000-62 Civil Defendants. RULE TO SHOW CAUSE AND NOW, this day of , .2000, upon consideration of Defendants' Motion to Compel Plaintiff to Answer Interrogatories and to Produce Requested Documents, a Rule is hereby issued upon Plaintiff to show cause, if any there be, why the relief requested in the said Motion should not be granted. The Rule is returnable J, GARY BARRICK tfd/b/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff: Civil Action - Law v. DAVID L. IllTTIE and ROBIN M. IllTTIE, his wife No. 2000-62 Civil Defendants. MOTION TO COMPEL PLAINTIFF TO ANSWER INTERROGATORIES AND TO PRODUCE REOUESTED DOCUMENTS AND NOW, Come the Defendants, Robin M. Hittie and David L. Hittie, by his attorney, Robin M. Hittie, Esquire, and me this Motion to Compel Plaintiff to Answer Interrogatories and to Produce Requested Documents, arid in support thereof aver as follows: 1. This case involves a dispute under a "time and materials" contract between the parties. 2. Under Pennsylvania law, there are two possible theories fur what is encompassed by a ''time and materials" contract. 3. The controlling precedent as set by the Supreme Court of Pennsylvania is that a ''time and materials" contract is for the actual ''time'' required to perform the work at the agreed-upon rates, and for the actual cost paid by the contractor for the "materials" that become part of the finished product: . . . unless expressly written into the contract by defIDing exactly the overhead intended to be covered, the words ''time and material," and like expressions, will not include overhead charges, but refer solely to the wages and salaries of the men engaged in the particular work contracted fur and the actual cost ofthe materials furnished. The words will not be extended beyond their exact meaning, and indeed they should be given a restricted meaning. . . . Lvtle. Campbell & Co. v. Somers. F. & T. Co., 276 Pa. 409, 415-416, 120 At. 409, _ CPa. 1923); ~~ Herre Bros. Inc. v. RhOHrl~ 79 York 37 (1965). 4. The "time and materials" contract between Plaintiff and Defendants did not provide for any "overhead," "mark-ups," or "profit" except to the extent already encompassed within the agreed hourly rates fur the plumber, helper, and backhoe/operator as set furth in Defendants' Answer. New Matter. and Counterclaim at paragraph 17. 5. Defendants argue that in the alternative, even if this Court would allow for any overhead, mark-up, or profit not expressly agreed to by the parties, such would have to be based upon an objective standard, such as a flat percentage "industry standard," assuming that such would be proven to exist arid would be found reasonable by the Court ~ Wolfe v. Pickel!, 204 Pa.Super. 541, 205 A.2d 634 (pa Super. 1964)). 6. Under either the controlling precedent of the Supreme Court or the alternative theory above, it is necessary to determine the accurate amount of "time" fur each workman and the actual cost to Plaintiff of the "materials" for the work performed at each of the two properties in question. 7. Between the parties, this information is within the exclusive control of the Plaintiff. 8. On or about February 15; 2000, Defendants attempted to obtain the necessary information by serving upon Plaintiff Interrogatories to Plaintiff and Request for Production of Documents and Things. A true and correct copy of Plaintiff's Answer to same is attached hereto as Exhibit "A" and is made a part hereof. 2 9. The Interrogatories to Plaintiff and Request for Production of Documents and Thinl,!s at 3 , . . A through 3D, 4, 5A through 5D, and 6 were directed at determining the actual ,cost to Plaintiff of the "materials" for the work performed at each of the two properties in question. 10. Plaintiff objected to the Interrogatories to Plaintiff and Request for Production of Documents and Things at 3 A through 3D, 4, 5A through 5D, and 6 for the following stated reason: "Plaintiff objects to this Interrogatory as it is not relevant to the suit. The contract was for time and materials, and Plaintiff s costs are not relevant." 11. Under Pennsylvania law, Plaintiff s costs for materials is exactly what is relevant. 12. It appears to be the Plaintiffs theory that a time and materials contract "includes any mark up that may be made at the prerogative of the Plainti.fF' Answer to New Matter at paragraph 28 (Emphasis added). 13. The Plaintiffs theory that he has any such "prerogative" "to unilaterally and subjectively impose overhead, mark-ups or "profits" under a "time and materials" contract is contrary to Pennsylvania law. 14. Plaintiffs theory is also contrary to basic contract principles, because it renders the price term uncertain and the contract unenforceable. 15. Defendants' Interrogatories to Plaintiff and Request for Production of Documents and Things at lA through lC and 2A .through 2C further requested the full name, residence address, business address, residence telephone number, and business telephone number of each "person" which performed work or provided services billed on Plaintiff's invoices to Defendants, as well as any related documentation. 3 16. Plaintiff failed to provide the necessary information, referring only generically to "employees"; providing only a post office box address in care of Plaintiff; and indicating "NI A" as to the request for documents, which documents Plaintiff would certainly maintain fur business and tax purposes. 17. It is impossible for the Defendants to interview, depose, and/or subpeona the necessary witnesses without knowing who they are, how they can be contacted, and where they can be served. 18. It is impossible for the Defendants to prepare the necessary evidence for trial while such remains within the exclusive control of the Plaintiff. WHEREFORE, Defendants pray this Honorab]e Court to: 1. Dismiss Plaintiff's objections to Defendants' Interrogatories to Plaintiff and Request for Production of Documents and Things: and 2. Order Plaintiff to fIle with the Court and serve upon Defendants complete and accurate Answers to the Interrol!atories to Plaintiff and Request fur Production of Documents and Thinl,ls and to produce all documents requested therein, or be subject to sanctions. Respectfully submitted, ~fJJ~. Robin M. Hittie, Esquire Supreme Court J.D. #46682 12] Channel Drive Carlisle, PA 17013 (717) 243-8233 Attorney for the Defendants 4 EXHIBIT A " - \ . , GARY BARRICK tidlb/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS u_ ~., CUMBERLAND COUNTY, PENNSYLVANIA Plaintin: Civil Action - Law v. DAVID L. IllTTIE and ROBIN M. IllTTIE, his wife No. 2000-62 Civil Defendants. INTERROGATORIES TO PLAINTIFF AND REQUEST FOR PRODUCTION QF DOCUMENTS AND THINGS TO: Gary Barrick t/dIb/a Barrick's Plumbing & Heating, Inc., Plaintiff Demand is hereby made by the Defendants of the Plaintiff for answers, under verification, to the following Interrogatories and Request for ,P,roduction of Documents and Things within the time and in the manner prescribed by the rules of this Court. You are required to file answers to the following Interrogatories and Request for Production of Documents and Things within thirty (30) days after service upon you pursuant toP.aR.c.p. 4005, 4006, 4009.11, and 4009.12. The within Interrogatories and Request for Production of Documents and Things shall be deemed to be continuing so as to require supplemental answers if the Plaintiff obtains additional information from the time the answers are served to the time of trial. Answer each Interrogatory/Request in the numbered paragraphs below. No Interrogatory/Request is to be left blank. ~.-> l. , The term "docum~nt" means any written, recorded, printed, typed or other graphic matter of any kind or nature, however produced or reproduced, whether sent or received or neither. The term "person" means all natural persons, corporations, partnerships or other business associations, and all other legal entities. 1A. For each "person" which performed work or provided servICes billed on Plaintiff's invoices numbers 1613 and 1614 for work performed at 121 Channel Drive, Carlisle, Pennsylvania, state the person's full name, resi~ence address, business address, residence telephone number, and business telephone number, and the nature of the work/services provided. ANSWER: Plumber: Employee of Barrick's Plumbing & lieating, Inc., c/o P.O. Box 977, CarliSle, PA Plumber helper: Employee of Barrick's Plumbing & Hea,ting, Inc., c/o P.O. Box 977, Carlisle, PA Back hoe operator: Employee of Whistler's Well Drilling and subcontractor or Barrick's Plumbing & Heating, Inc. 2 18. For each "person" identified in your answer to IA above, state the dates that the person worked at 121 Channel Drive, Carlisle, Pennsylvania, and the exact time periods that the person worked on each of those dates at 121 Channel Drive, Carlisle, Pennsylvania. ANSWER: 1. Plumber: 10/14/99 8:00 a.m. to 7:00 p.m. 10/15/99 8:00 a.m. to 9:30 a.m. 10/18/99 8:30 a.m. to 3:30 p.m. 2. Plumber's helper: 10/14/99 8:00 a.m. to 7:00 p.m. 10/18/99 8:30 a.m. to 3:30 p.m. 3. Back hoe operator kept track of his own time and is billing the Plaintiff for his hours and materials; in addition, there is a $25.00 charge for the sump pump, which was included in labor and 1.5 hours of paperwork. 4 -- ~. IC. Attach true and correct copies of all documents within your possession or control or available to you which relate to the information requested in paragraphs 1 A and 1 B above. ANSWER: N/A 5 ... =-- 'r~ 2A. For each "person" which performed work or provided services billed on Plaintiff's invoices numbers 1611 and 1612 for work performed at 125 Channel Drive, Carlisle, Pennsylvania, state the person's full name, residence address, business address, residence telephone number, and business telephone number, and the nature ofthe work/services provided. ANSWER: See answer to lA. 6 28. For each "person" identified in your answer to 2A above, state the dates that the person worked at 125 Channel Drive, Carlisle, Pennsylvania, and the exact time periods that the person worked on each of those dates at 125 Channel Drive, Carlisle, Pennsylvania. ANSWER: 1. Plumber: 10/13/99 8:00 a.m.'to 4:00 p.m. 2. Plumber's helper: 10/13/99 8:00 a.m. to 4:00 p.m. 3. Back hoe operator kept track of his own time and material and. billed for both; in addition there was one hour of paperwork. 8 2C. Attach true and correct copies of all documents within your possession or control or available to you which relate to the information requested in paragraphs 2A and 2B above. ANSWER: N/A 9 3. For each of the materials itemized on Plaintiff's Invoices numbers 1613 and 1614 for the work performed at 121 Channel Drive, Carlisle, Pennsylvania: A. identifY the material with an exaet description; B. state how much if any of thc material became part of the finished product at the said property; C. state the name, address, and telephone number of the supplier from which Plaintiff obtained the material; and D. state the exact cost paid by the Plaintiff to acquire the material. ANSWER: Plaintiff objects to this Interrogatory as it is not relevant to the suit. The contract was for time and materials, and Plaintiff's costs are not relevant. 10 , 4. For each of the materials itemized on Plaintiff's Invoices numbers 1613 and 1614 for the work performed at 121 Channel Drive, Carlisle, Pennsylvania, attach true and correct copies ofall documents within your possession or control or available to you which reflect the exact cost paid by the Plaintiff to acquire the material, including but not limited to supplier invoices and receipts. ANSWER: See response to question 3. 14 0-_,_ .. , ,. 5. . For each of the materials itemized on Plaintiff's Invoices numbers 1611 and 1612 for the work performed at 125 Channel Drive, Carlisle, Pennsylvania: A.' identifY the material with an exact description; B. state how much if any of the material became part of the frnished product at the said property; C. state the name, address, and telephone number of the supplier from which Plaintiff obtained the material; and D. state the exact cost paid by the Plaintiff to acquire the materiaL ANSWER: See response to question 3. 16 6. For each of the materials itemized on Plaintiffs Invoices numbers 1611 and161;2 for the work performed at 125 Channel Drive, Carlisle, Pennsylvania., attach true and correct copies of all documents within your possession or control or available to you which reflect the exact cost paid by the Plaintiff to acquire the material, including but not limited to supplier invoices and receipts. ANSWER: See response to question 3. 20 . . .' am 7l~. Robin M. Hittie, Esquire Supreme Court LD. #46682 121 Channel Drive Carlisle, PA 17013 (717) 243-8233 Attorney for the Defendants 22 .-..' . -. VERIFICA TION The undersigned verifies that: (I) the Answers to Interrogatories and the Answers to Defendants' Request for Production of Documents and Things contained herein are true and correct; and (2) the Documents and Things provided herein in response to Defendants' Request for Production of Documents and Things are true and correct copies of the originals. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.s. ~4904, relating to unsworn fulsification to authorities. Date: 23 " GARY BARRICK tfdlb/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Civil Action - Law v. DAVID L. IllTTIE and ROBIN M. IllTTIE, his wife No. 2000~62 Civil Defendants. CERTIFICATE OF SERYICE I, Robin M. Hittie, Esquire, Attorney for the Defendants in the above-captioned matter, do hereby certifY that on this date, I served the original and two (2) true and correct copies of the foregoing Interroi;!atories to Plaintiff and Request for Production of Documents and Thinlj!s upon Johnna J. Deily, Esquire, Attorney for the Plaintin: by certified mail to the following address: Johnna J. Deily, Esquire Saidis, Shuff & Masland 26 West High Street Carlisle, PA 17013 Date: WMM.il"'f''i, 7-= (717) 243-6222 &Yh ~ Robin M. Hittie, Esquire Supreme Court I.D. #46682 121 Channel Drive Carlisle, PA 17013 (717) 243-8233 Attorney for the Defendants 24 SAlOIS, SHUFF & MASLAND ATTORNEYS-AT-LAW 26 W. High Street Carfule, P A GARY BARRICK t/d/b/a BARRICK'S PLUMBING & HEATING, INC. Plaintiff' v. DAVID L. HITTlE and ROBIN M. HITTlE, his wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-62 Civil : Civil Action - Law'- Defendants CERTIFICATE OF SERVICE I, Johnna J. Deily, Esquire, Attorney for the Plaintiff, in the above-captioned action, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiff's Answers to Interrogatories to Plaintiff and Request for production of-Documents and Things upon Robin M. Hittie', Esquire, Attorney for the Defendants, by regular mail post prepaid addressed as follows: Robin M. Hittie, Esquire. 121 Channel Drive Carlisle, PA 17013 Joh . . ~~ ..,.,,=--... SAIDIS, SHUFF & MASLAND ATIORl't.'EVS.AT.LAW 26 W. High Street CarlisJe, FA GARY BARRICK t/d/b/a BARRICK'S PLUMBING & HEATING, INC. plaintiff v. DAVID L. HITTlE and ROBIN M. HITTlE, his wife Defendant.s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-62 civil Civil Action - Law ANSWER OF PLAINTIFF TO DEFENDANT'& INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS To: DAVID L.'HITTIE and ROBIN M. HITTlE c/o Robin M. Hittie, Esquire 12l Channel Driye. Carlisle,PA 17013 PLEASE TAKE NOTICE that pursuant to Pa. R. C. P. 4006, The Plaintiff,'Garry Barrick t/d/b/a Barr'-ick' s Plumbing & Heating, Inc. ,responds to the Interrogatories of Defend"nts, David L. Hittie and Robin M. Hittie, by~erving the Attached Answers. Date: 3 - 8 - 0 c) By: Respectfully submitted, SAIDIS, SHUFF &' MAS LAND eily, Esq. 26' . H' Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff . , GARY BARRICK tfd/b/a BARRICK'S PLUMBING & HEATING, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintin: Civil Action - Law v. DAVID L. IllTTIE and ROBIN M. IllTTIE, his wife No. 2000-62 Civil Defendants. CERTIFICATE OF SERVICE I, Robin M. Hittie, Esquire, Attorney for the Defendants in the above-captioned matter, do hereby certify that on this date, I served a true and correct copy of the foregoing Motion to Compel Plaintiff to Answer Interrogatories and to Produce Requested Documents upon Johnna J. Deily, Esquire, Attorney for the PJaintin: by hand-delivery to the following address: Johnna J. Deily, Esquire Saidis, Shuff & Masland 26 W. High Street Carlisle, PA 17013 (717) 243-6222 Date: 3/2$/00 ~_lJ!.rJk. Robin M. Hittie, Esquire Supreme Court LD. #46682 121 Channel Drive Carlisle, P A 17013 (717) 243-8233 Attorney for the Defendants \ "...."r\,,- (i\;' ",,,u)T,,Hl . . OF T!-!:' PPOTFC, '~O'fARY \,\ 00 Kr,R 28 PM 2: 22 CUMBE.RlA"-D COUNlY PENNSYLVANiA -' , GARY BARRlCK, d/b/a BARRlCK'S PLUMBING & HEATING, INC., Plaintiff v. DAVID L. HITTIE and ROBIN M. HITTIE, his wife, Defendants AND NOW, this IN-THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 2000-0062 CIVIL TERM -;t L ORDER OF COURT I i day of April, 2000, upon consideration of the attached letter from Johnna J. Deily, Esq., attorney for Plaintiff, the discovery conference previously scheduled for April 14, 2000, is cancelled. Johnna J. Deily, Esq. 26 W. High Street Carlisle, PA 17013 Attorney for Plaintiff Robin M. Hittie, Esq. 121 Channel Drive Carlisle, PA 17013 Attorney for Defendants :rc BY THE COURT, /=~;:.r{ co ,..-'; (') ,.' c:: 0 ,I ~':. :;o~ ., -nr. ..." '-\1~ mt-' ?:J ..;.;~~; . _. (lI ::"'j-',- ~~tf ..-..... "'- ,-I ~ _.- 3~?, -<......-- r::C -cl ..'--n }:;o ::J<: qo ~o - ;.-")n. ~c:: .- =" ~ r:- 55 ..0 '< ~ ~,~ 00 lP\ l\;\ 1-\' ~t7 . \0 >-'" LAW OFFICES SAIDlS, SHUFF & MASLAND ^ P~O:PESStONAL (."O(\PORATION JOHN E, SLlKR ROBERT C. SAfDIS GEOFFREY S. SHlIFF ALBERT H.IvlASLAND JOHNNA J. DEILY RICHARD p, MISLlTSk Y t JAMES E, REID. JR, H KARL M, LEDBBOHM JOSEPH L. HITCHINGS MARK W, ALLSHOllSE 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013,2956 TELEPHONE: (717) 243-6Z22. FACSIMILE: (717) 243-6486 SMAIL law@..martys.com WEST SHOIU;: OFI.,CF.: 210\> MARKETSTREEr CAMPHJLL.}>A 17011 TEI.EPHONld: (717) 737 :140$ FACSIM1LF: (7~7)7;.7.3401 REPLY TO CARUSLE April 12, 2000 The Honorable J. Wesley Oler, Jr. Cumberland County Court of Common pleas Cumberland County Courthouse Carlisle, PA 170~3 Re: Barrick v. Hittie No. 2000-0062 Dear Judge Oler: The above-captioned case has been settled and discontinued by Plaintiff withdrawing the Complaint and Defendant withdrawing the Counterclaim. Please cancel the discovery conference scheduled for Friday, April 14, 2000 at 3:15 p.m. We will be filing a Praecipe with the Prothonotary to settle and discontinue the above matter. Thank you for your cooperation in this matter. Very truly yours, LAND Jo JJD:rlm cc: Robin M. Hittie, Esquire t CERTIFIED AS A (~IVJr. TRIAL ADVOCATE BV 'tHE JIIATIONALBOAR() O'FTRIAL A DV{)CACY A PENNSYLVANIA StJl"~EME COURT ACC!:{lmlTED AGENCY r I '11'if',\\ll"'. PI: 'ST 88, ZT ;;}dtj. Wd Zr9 aN~,s~w ~~nHS SlaI~S 98~9-~~Z-~,~ SAlOIS, SHUFF & MAS LAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A GARY BARRICK t/d/b/a BARRICK'S PLuMBING & HEATING, INC. Plaintiff v. DAVID L. HITTlE and ROBIN M. HITTlE, his wife Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COuNTY, PENNSYLVANIA NO. 2000-62 Civil Civil Action - Law PRAECIPE TO SATISFY TO THE PROTHONOTARY: discontinued and ended. Please mark the above-captioned matter settled, Respectfully submitted, BY: BY: t e, Esquire 121 Channel Drive Carlisle, PA 17013 Attorney for-befendants F,FD-C;:H,;[ (, = l' .,. '.r ,,'(j-I ^f1" '", ,...' '. f",\i GO ~PH 24 PH 3: 18 CUM8cHU'ND COUNTY PENNS'ILVAi'lii\