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Home My WebLink About00-01159 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE l'i . i R. JAMES WICKARD, trading as : IN THE COURT OF COMMON PLEAS OF R. J. WICKARD SIDING CONTRACTOR,: CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO.2000- / 15'9 ~ I..u- JAMES W. HUTCHISON, Defendant CIVIL ACTION - LAW NOTICE 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 a 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. By: fi Attorneys for Plaintiff LAW OFFICES SNELBAKER, BRENNEMAN & SPARE I! .Ii R. JAMES WICKARD, trading as IN THE COURT OF COMMON PLEAS OF R. J. WICKARD SIDING CONTRACTOR,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff II -_ A V. NO. 2000- I/St) ~ ~ JAMES W. HUTCHISON, Defendant CIVIL ACTION - LAW COMPLAINT R. James Wickard, by his attorneys, Snelbaker, Brenneman & Spare, P. C., files this Complaint against James W. Hutchison and in support thereof, states the following: 1. PlaintiffR. James Wickard is an adult individual residing at 684 Lynes Road, Dillsburg, Pennsylvania, who trades and does business under the name ofR. J. Wickard Siding Contractor. 2. Defendant James W. Hutchison is an adult individual residing at 414 South York Street, rear, Mechanicsburg, Pennsylvania. 3. Plaintiff is in the business of installing siding, gutter, downspout, storm doors and storm windows. COUNT I 4. The averments of Paragraphs 1 through 3, inclusive, of this Complaint are incorporated by reference herein in their entirety. 5. In May, 1997, Plaintiff agreed to supply and Defendant agreed to pay for labor for the installation of vinyl siding, soffit, facia and trim on a residential dwelling being constructed by Defendant at a location identified as Blue Mountain Parkway. LAW OFFICES SNELBAKER, BRENNEMAN &. SPARE i , , Ii , i '! I " , 6. The labor performed by Plaintiff was originally performed pursuant to an estimate provided by Plaintiff to Defendant and agreed to by Defendant in the amount of$3, 126.20. 7. During the course of work performed by Plaintiff, Plaintiff, at the specific request of Defendant, performed additional work of installing siding on facia board and the front porch, for which work Defendant agreed to pay Plaintiff in addition to the original estimate amount. 8. Plaintiff completed the installation for Defendant at Blue Mountain Parkway on or about May 20, 1997. 9. On June 2, 1997, Plaintiff prepared and delivered an invoice to Defendant for the installation work done at Blue Mountain Parkway in the total amount of $3,417.70, said amount bearing interest at the rate of 1 Yz percent per month until paid. A true and correct copy of the invoice delivered to Defendant is incorporated by reference herein as "Exhibit A". 10. The installation work complete by Plaintiff was done in a reasonably workman-like manner and never complained about by Defendant or others. 11. Defendant has failed and refused to pay Plaintiff in full for the labor provided in the amount of the invoice rendered to him. 12. The charge by Plaintiff to Defendant for the labor provided Defendant was fair, customary, reasonable, agreed to by Defendant and at no time objected to by Defendant. 13. Defendant's failure and refusal to pay Plaintiff's labor charges in full is a material breach of the parties' agreement. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,751.51, representing the invoice amount noted above less payment applied on account of $666.19, together with interest on the principal sum of$2,751.51 in the amount of eighteen -2- '_k" LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE , Ii I: ;1 percent (18%) per annum and costs of this action. COUNT II 14. The averments of Paragraphs 1 through 13, inclusive, of this Complaint are incorporated by reference herein in their entirety. 15. In November, 1997 Plaintiff agreed to supply and Defendant agreed to pay for labor for the installation of vinyl siding, soffit, facia, trim and related items at Plaintiff's then customary charges on a residential dwelling located on Clairborn Road in the Peninsula Development. 16. On November 11, 1997 Plaintiff completed the installation for Defendant at the residential dwelling on Clairborn Road. 17. On November 18, 1997, Plaintiff prepared and delivered an invoice to Defendant for the installation work done at the residential dwelling on Clairborn Road in the total amount of $3,014.00, said amount bearing interest at the rate of 1 Y, percent per month until paid. A true and correct copy of the invoice delivered to Defendant is incorporated by reference herein as "Exhibit B". 18. The installation work complete by Plaintiff was done in a reasonably workman-like manner and never complained about by Defendant or others. 19. Defendant has failed and refused to pay Plaintiff in full for the labor provided in the amount of the invoice rendered to him. 20. The charge by Plaintiff to Defendant for the labor provided Defendant was fair, customary, reasonable, agreed to by Defendant and at no time objected to by Defendant. -3- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 21. Defendant's failure and refusal to pay Plaintiff's labor charges in full is a material breach of the parties' agreement. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,014.00, together with interest thereon in the amount of eighteen percent (18%) per annum and costs of this action. COUNT III (In the alternative to Counts I and II) 22. The averments of Paragraph I through 21, inclusive, of this Complaint are incorporated by reference herein in their entirety. 23. The labor provided by Plaintiff to Defendant as more fully described in Counts I and II of this Complaint was not provided by Plaintiff to Defendant as a gratuity. 24. The charges for the labor as more fully described in Counts I and II of this Complaint were fair, customary, reasonable and never objected to by Defendant. 25. Defendant wrongly secured benefits from the labor provided by Plaintiff and Plaintiff's services that would be unconscionable for Defendant to retain. 26. Defendant has been unjustly enriched at the expense of Plaintiff in the amount of $5,765.51. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,765.51 together with interest and costs ofthis suit. The total claims of Plaintiff in this action, exclusive of interest and costs, do not exceed -4- l.AW OFFICES SNE1-BAKER, BRENNEMAN B: SPARE I' .; i the jurisdictional limits for mandatory arbitration in Cumberland County. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: February 14, 2000 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for R. James Wickard -5- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE I' " , . ! VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to aut orities. Date: ~r,J(f!)O{) t..1j.".; . James Wickard ~"" }>t:.,~;"~~I(:","{{~'_i~~"'~~:r::f;::'~(l:,,-lf.;?(.\,'!f:~~_~~.I(;,~Y''':''',:~~>{~~~''':'!~t'?'''o~'?r.~#~~*{,~%~"_c'~'''~)''''~;;~f~~~l-~~":",'~f\:.~~-;_~~~-"':~~r:~<,.;,,.-~~'7:"\;~""."~" .-,-'" ---(~L :.';" '.' ';: :,};~~ ,.,-' ,--i,"f"'-' ",',-,-,' '-" :-',') .,,' , ,':,~ 'J , ':R~P~AC~M~NT wlN~clws STORM DOORS STORM WINDOWS. . "~" ~.. -:" ,'-''': " ALUMINUM.& VIN'(LSIDING GUTTER & ,DOWNSPOUT . R.J.Wicka'rdSldirig'C.ontractor . .. ; 684 Lynes Road Dillsburg, PA 17019 . . Phone: 432-3365 . _. . Date .'...1 t,...,p ~ 19~ ;L..tJ , - -, " A.. ....-JJ '~..t<l 'IV'" ..~ mloJ~"\L.j.~ . ..{{ pvs-r )j '~e ",,", )YIT (l~ Quantity Description Price I :1..b.;). () It/d/.. I 'P. 6-'0(/ /77r) "':."' "i-, EXHIBIT A. TOTALI:I 3111"1.')0.' , -,};,";:" "q,,,,,,,,,,,~ ,~"- ~, -- ~,~. ~.".._. ,---",,,,..~,.. ...~~ ,~~_,:i~;~:'~i;f r~:x 0",,' < ~:;; ~~" ,.~ ~:~'~",~fi~ ~;<~ ;~~~""T"~~~~~""~~\~'~~=-~O-~,"^/~ ) -... , . \ :,,'i' ,:.~,>,." . ,,:-", ALU~~~UM& ~INYLSIPING . . REPLACEMENT WINDOWS GUTT~R & DOWNSPOUT .I; :-, '~.~::'''-:;~'''!.f'!:t-:-~):<7')',:--'~~~::-'',';P~'. " \. . R.J. Wickard Siding Contractor 684 Lynes Road Dillsburg, PA 17019 Phone: 432.3365 . STORM DOORS STORM WINDOWS , c Date Nov. 18 19~ c' P.()~130X 7 Job; The ~en.nsula Clairborn Road Hutch Construction Mechanicsburg, Pa. 17055 Quantity Description . Price 28 Snuare of sidincr 3"i5 Ft. of soffit and facia 213 Ft.. "f facia and brickedcre 1 Oormor 1 Flr..n1aC"e hox A masters 10 Soffit return boxes . 1 u_,,__ hase box wraonoed . 11.5 Feet porch beam wrapped 0.50 Square of porch ceiling . , .' $3014. EXHIBIT B TOTAL ,", "',- .,'".,,;, 00 '''"I,-~, - - ;",\;';:L- . _', __ ,'_' :' _;;,-:;,{:,~;~~:~;,~~;Jt~~i':- TERMS: NET 30 DAYS, 1V2 % INTEREST PER MONTH ADDED AFTER 30 DAX*i~'\;" ~,- ~ ~- SHERIFF'S RETURN - REGULAR CASE NO: 2000-01159 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WICKARD R JAMES ET AL VS HUTCHISON JAMES W BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HUTCHISON JAMES W the DEFENDANT at 0019:53 HOURS, on the 3rd day of March 2000 at 414 S YORK ST (REAR) MECHANICSBURG, PA 17055 by handing to JAMES W. HUTCHISON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 ?!,,~~R R. Thomas Kline 03/06/2000 SNELBAKER, Sworn and Subscribed to before By: BRENNEMAN & SPARE IItt5Jb tit. ~ Deputy Sheriff me this ;2<( e day of ~,;uv-fJ A.D. q"'n~() ~ ~ Prothonotary , " '"" . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. .;2000- jlf.;7 Cc.x'lC,&u-vz : CIVIL ACTION - LAW : IN DIVORCE ROBERT D. HORWHAT, Plaintiff SUE E. HORWHAT, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 "" 1 , ~, -- .' '!~, . . ROBERT D. HORWHAT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. : CIVIL ACTION - LAW : IN DIVORCE SUE E. HORWHAT, Defendant NOTICIA Le han Demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted deve presentar una apariencia excrita 0 en persona 0 por abogado y archivar en ta corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido enla peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. ~- jjt,,7 Ct;J I~ ROBERT D. HORWHAT, Plaintiff SUE E. HORWHAT, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE DIVORCE AND NOW, comes the Plaintiff, ROBERT D. HORWHAT, by her attorney, Mindy S. Goodman, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, ROBERT D. HORWHA T, is an adult individual who currently resides at 18 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, SUE E. HORWHAT, is an adult individual who currently resides at 18 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. ';;,..,"!""'"~ ~ 4. The Plaintiff and Defendant were married January 16, 1993, in Dauphin County, Pennsylvania. 5. The Plaintiff avers that there are two children born of the parties under the age of 18, whose names and dates of birth are as follows: RYANNE DANIELLE HORWHAT Born July 20,1993 SARAH ELLEN HORWHAT Born March 17, 1996 6. The parties believe they will agree on a mutually acceptable custody arrangement as well as an equitable division of marital assets and Plaintiff anticipates no outstanding issues regarding these or other matters. 7. . Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 8. The cause of action and section of the Divorce Code under which the Plaintiff is proceeding is: 23 Pa. Cons. Stat. S 3301 (c) or, in the alternative, 23 Pa. Cons. Stat. S 3301 (d). The marriage ofthe parties is irretrievably broken. 9. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 10. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. , . ~ , WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT I CUSTODY 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff seeks shared physical and legal custody of the parties' minor children, Ryanne Danielle Horwhat and Sarah Ellen Horwhat. 13. The children are presently in the custody of Robert D. Horwhat, the Plaintiff in this case. 14. Plaintiff has not participated as a party, witness, or in any other capacity regarding custody in this or any other court. 15. Plaintiff does not have any information of any custody proceeding concerning said children pending in a court of this or any other state. 16. Plaintiff knows of no person not a party to this proceeding who has physical custody of said child or claims to have custody or visitation rights with respect to this child. ';",~~~ . ~,~ . . . WHEREFORE, Plaintiff requests your Honorable Court to award shared physical custody of the children in the event the parties do not reach a stipulation on the matter. Respectfully submitted, ~~2>G.-c= 9- Mindy S. Goodman Attomey at Law Attorney I.D. No. 78407 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-8742 Attorney for Plaintiff :~'''''"''''T' ~ ~ ~ VERI FICA TION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904, relating to unsworn falsification to authorities. DATE: 9j;p-//oo ~~ . Rob . Horwhat -"""""'1'.""'""" ~ ~, y - ^ "~- "- '" ~~ 6 ........ ~ 0 ~ ~ ~.~ ~Q 0 0 (J 8 ~ 0 ~ ~ Ii' C) 0 0 ~ I I I c 0 \), ~ ::c '-4 () -oco ,.. :r ~ ~~ t !;ptn ::tJ nl;!) .:l;) I -1'1'1 ~);: COO ~Z ~~ 11-. ~O -0 ~~ ~8 ::E i5M t\5 >c: .. :;;! Z &:"' ~ ~~ ~ "" .~, _1"''''''...."..,'''''''''"''_ ~ -~ """ ~,... _ r~~'!liW-",.~~Ii':W1i'lfl"~ ~ ~ _'~r_~"""""~~ '" . \" , r " ..... . , R. JAMES WICKARD, trading as R.J. WICKARD SIDING CONTRACTOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA v. NO. 2000" 1'15'1 JAMES W. HUTCHISON, Defendant CIVIL ACTION - LAW TO: R. James Wickard, Plaintiff and Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (Attorneys for Plaintiff) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Jcu~ Henry W. Van Eck, Esquire I.D. #83087 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Defendants) -~."" -, ,-" '. '.-_' ,- ,," - J "_ ~_-.'i.-'c ~ .,-'-' ,",..' .- -.I~ II . . R. JAMES WICKARD, trading as R.J. WICKARD SIDING CONTRACTOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - IISq v. JAMES W. HUTCHISON, Defendant CIVIL ACTION-LAW DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, James W. Hutchison, by and through his counsel, Cunningham & Chernicoff, P.C., and files his Answer to Plaintiff's Complaint, and in support thereof avers as follows: 1. Admitted. 2 . Admi tted. 3. Admitted. COUNT I 4. Defendant's answers to Paragraph 1 through 3 of Plaintiff's Complaint are incorporated herein by reference as if mor~ fully set forth. J~ i,,_ i I" ,I " 5. Admitted. 6. Admitted. 7. After reasonable investigation, Defendant is without knowledge or information sufficient to admit or deny the averment contained in Paragraph 7 of Plaintiff's Complaint, and strict proof thereof is demanded, if relevant at time of t:t'ial. 8. Admitted in part and denied in part. It is admitted that the work within the scope of Paragraph 6 above was completed at Blue Mountain Parkway on or about May 20, 1997. Defendant is without knowledge or information sufficient to admit or deny whether the alleged work fully within the scope of Paragraph 7 of Plaintiff's Complaint was agreed to or performed, and strict proof thereof is demanded, if relevant, at time of trial. 9. Admitted in part and denied in part. Defendant denies agreeing to paying interest at the rate of 1 1/2 percent per month on the invoice dated June 2, 1997. Defendant is without sufficient knowledge or information to admit or deny that the work falling within the scope of . ~-"'" ~_ c' ---I J'" Iii 11 i1i '" :;.,-"-~" 't II Paragraph 7 of Plaintiff's Complaint was agreed to or performed, and strict proof thereof is demanded, if relevant, at time of trial. The remaining averments of Paragraph 9 are admitted. 10. Admitted. 11. Denied. As further reply, Defendant James Hutchison paid Plaintiff in full for the labor provided in the amount of the invoice dated June 2, 1997 by check bearing number 15822 and dated June 26, 1997. A true and correct copy of the June 26, 1997 check in the amount of $3,417.70 is attached hereto and labeled Exhibit "A". 12. Denied. Defendant specifically denies that the charge for interest at the rate of 1 1/2 percent per month was fair, customary or reasonable. As further answer, Defendant specifically denies ever agreeing to pay interest at such rate. Defendant incorporates his answer to Paragraph 11 of Plaintiff Complaint herein by reference as if more fully set forth. 13 . Denied. Defendant specifically denies that he failed or refused to pay Plaintiff's labor charges in full for n, ,>.- - "'-~- I II the reasons more fully set forth in Paragraph 11 of Plaintiff's Complaint, hereby incorporated by reference. WHEREFORE, Defendant James W. Hutchison respectfully requests that this Honorable Court enter judgment in his favor and against the Plaintiff and dismiss the Plaintiff's Complaint with prejudice and further award Defendant all such other relief as is proper and just. COUNT II 14. Defendant's answers to Paragraphs 1 through 13 of Plaintiff's Complaint are incorporated herein by reference as if more fully set forth. 15. Admitted. 16. Admitted. 17. Denied as stated. Defendant James W. Hutchison specifically denies agreeing to interest at the rate of 1 1/2 percent per month on the November 18, 1997 invoice. The balance of the averments contained in Paragraph 17 of Plaintiff's Complaint are admitted. , . ,-, . - II r 18. Admitted. 19. Admitted in part and denied in part. Defendant James W. Hutchison specifically denies failing and refusing to pay Plaintiff for the labor referenced in Paragraph 19 of Plaintiff's Complaint. As further answer, Defendant James W. Hutchison believes and therefore avers that Plaintiff has failed to properly credit Defendant James W. Hutchison r s account for payments made by or on his behalf, which payments were in the approximate amount of $1,000.00. Accordingly, a strict accounting of all payments made by James W. Hutchison to Plaintiff reflecting the dates of those payments and their amounts as well as how they were applied is demanded, if relevant, at time of trial. 20. Denied. Defendant specifically denies that the charge for interest at the rate of 1 1/2 percent per month was fair, customary or reasonable. As further answer, Defendant specifically denies ever agreeing to pay such interest on the invoice. 21. The averment contained in Paragraph 21 of Plaintiff's Complaint represents a conclusion of law to which no responsive pleading is required. As further answer, Defendant specifically denies refusing to pay Plaintiff's , i ,'I I I :1 .i i :'1 ~ - . .. " ~, ^w_" 'rF,,"~" 1-'- " labor charges. As further answer, Defendant incorporates his answer to Paragraph 19 of Plaintiff's Complaint herein by reference as if more fully set forth. WHEREFORE, Defendant James W. Hutchison respectfully requests that this Honorable Court enter judgment in his favor and against the Plaintiff and dismiss the Plaintiff's Complaint with prejudice and further award Defendant all such other relief as is proper and just. COUNT III (In the alternative to Counts I and II) 22. Defendant's answers to Paragraphs 1 through 21 of Plaintiff's Complaint are incorporated herein by reference as if more fully set forth. 23. Admitted. 24. Denied. As further answer, Defendant's answers to Paragraphs 11, 12, 19 and 20 of Plaintiff's Complaint are incorporated herein by reference as if more fully set forth. 25. Denied. As further answer, Defendant's answers to - ,-." - '--I . . "-,. "." " ,1 ,,] , " '1 1 ::i l n Paragraphs 11 and 19 of Plaintiff's Complaint are incorporated herein by reference as if more fully set forth. 26. Denied. As further answer, Defendant's answers to Paragraphs 11 and 19 of Plaintiff's Complaint are incorporated herein by reference as if more fully set forth. WHEREFORE, Defendant James W. Hutchison respectfully requests that this Honorable Court enter judgment in his favor and against the Plaintiff and dismiss the Plaintiff's claim in the amount of $5,765.51, with interest and cost of suit. NEW MATTER Accord and Satisfaction Defendant's answers to Paragraphs 1 through 26 of Plaintiff's Complaint are incorporated herein by reference as 27. if more fully set forth. 28. Under the terms of the Agreement alleged in Count I of Plaintiff I s Complaint, Defendant was obligated to pay Plainti.ff Three Thousand Four Hundred Seventeen and 70/100 Dollars ($3,417.70) on or before July 2, 1997. ',' V__, "0__" . i ~ ! , , I ,,:~~ II 29. On June 26, 1997, Defendant wrote a check to Plaintiff in the amount of Three Thousand Four Hundred Seventeen and 70/100 Dollars ($3,417.70) as full satisfaction and discharge of Plaintiff's claim alleged in the Complaint. 30. Plaintiff subsequently accepted and received from Defendant the check referenced in the preceding paragraph and deposited such check into it's account at Members First Federal Credit Union. WHEREFORE, Defendant James W. Hutchison respectfully requests that this Honorable Court enter judgment in his favor and against the Plaintiff and dismiss Count I of Plaintiff's Complaint with prejudice. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: ~ J-"lj ~ . if o. · w- rJcu~ Henry W.l ~an Eck, Esquire I.D. #83 87 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorney for Defendant) By: .-.' ,.".'"p-, .' ~ .' - -. -' ,~ - c, "'i;;''l' t r II R. JAMES WICKARD, trading as R.J. WICKARD SIDING CONTRACTOR, Plaintiff v. JAMES W. HUTCHISON, Defendant 'f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 CIVIL ACTION-LAW VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OP DAUPHIN ss: I, Henry W. Van Eck, Esquire, being duly sworn according to law, deposes and says that I am the attorney for Defendant, in the within action; that the Defendant cannot make verification to the Answer to Complaint because Defendant cannot timely come to Harrisburg to sign this Verification; that the Defendant cannot travel to Harrisburg, Pennsylvania to execute this Verification prior to the filing of the Answer to Complaint; that it would be inconvenient for Defendant to travel to Harrisburg, Pennsylvania to file the Answer to Complaint personally; and that, based upon statements made to me by Defendant James W. Hutchison, who stated I may rely thereon and for purposes of this Verification, and without independent investigation on my part, the averments set forth in the foregoing Answer to Complaint are true and correct to the best of his knowledge, information and belief. We VC-u &/Q SWORN and Subscribed to before me this ~flfh day 2rch' 2000. ~;fl~k~ NOTARY PUBLIC Notarial Seal Unda B. Deaven, NotalY Public H_nisburg, Dauphin COUnty My Commission Expires Feb. 25. 2002 Member, Petmsylvania Association of Notaries '" ,;P Van Eck, Esquire _-7' ~ ~=<- " CERTIFICATE OF SERVICE I, Henry W. Van Eck, Esquire, do hereby certify that a true and correct copy of Defendant's Answer to Plaintiff's Complaint in the above-captioned matter was placed in the United States Mail, first class deliver, postage prepaid in Harrisburg, Pennsylvania on this date, on the following: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: 111~ ~~j ;Looo . By: Van Eck, Esquire I.D. # 087 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorney for Defendant) , i i ,c' '-.-." -wr,'1 - -,._" ,-, ,_ ~_. ~ ',^". r:_ .', - - ,~, c, .. ,,-~- - ..... ." ~ llUlJ flnl Hutch Construction HUTCH CONSTRUCTION po. BOX 7 MECHANICS8URG, PA 17055 PH. 717. 697-6607 15822 COMMERCE BANKlHARRISBURG. ~LA. CAMP Hill, PA 17011 60-184-313 PA~hree Thousand Four Hundred Seventeen and 70(100 Dollars " ~ D.L\. TE AI\i10Ui'F C),~.:.\-q\'::::f--; -=lei=; '-=s 'j ('\ I ,-, -' ,j -,,'> ; ~ ,--,--', -----,~ ;run'-2-rO, i:9'9'1' c *i-**"'$j;~17. 70* ^ ~ i! TO THE ORDER OF: R.J. WICKARD SIDING 684 LYNES ROAD DILLSBURG, PA 17019 ~ .. i:i " I. ;;~ f\ t:;S:"-=:; '~I\.J 1:: ~~.6.~,jl"\..: J;~""'<...:.<;;,e.::u- :.t :'1.-'''' ":' ~ ~:~..5 ~......... l""~ ~'~~.~i . '&S'._,,;-:.>~ l~j>ii ~ ~, ~ ',>'lI-"'I'~ 11'0 I. 582211' 1:0011.010 1.8 l, [:,1: 5 I. 00 :::lte i o. 0 u.o. -- u.::;: ~ ;~. =- I? ('i'? m ',- . , i; :il o i ~ '0 1!- 10 ~ u Ut_~ (l:;.....-.;N ctf'~^ , " f!] ? 1// /" ,', , //..:."'" -."-f...'ri.~ .I/~' ,1'0000). ~\ .'\ ....::1. ';,:' -...' .t. :1;1; ". . I . . . ""....... -. "" To ()-r ()()(:,: - .~ ..~;.:~ I"!(b-.~ooc; ~o ~~~ 9"6f:g.-200~" ().j :I. .j():l. gLi' f, G3X IW****** '\;7'1 I Hd-;BCid LAW OFFICES SNELBAKER. BRENNEMAN & SPARE R. JAMES WICKARD, trading as IN THE COURT OF COMMON PLEAS OF R. J. WICKARD SIDING CONTRACTOR,: CUMBERLAND COUNTY, PENNSYL V ANlA " Plaintiff v. : NO. 2000-1159 JAMES W. HUTCHISON, Defendant CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER 27. Denied. Paragraph 27 of Defendant's New Matter should be stricken as improperly requiring a reply to an Answer which is not a recognized pleading under the Rules of Civil Procedure. To the extent a response is necessary, each and every , allegation contained in Defendant's Answer is denied to the extent it is contrary to Plaintiffs Complaint and the Reply to New Matter set forth below. 28. Admitted. 29. Admitted, with respect to the claims set forth as Count I of Plaintiff's Complaint. 30. Admitted. WHEREFORE, Plaintiff demands judgment against Defendant in accordance , i, , , I II LAW OFFICES SNELBAKER. BRENNEMAN & SPARE , with the demands made in Plaintiffs Complaint. SNELBAKER, BRENNEMAN & SPARE, P. C. ~11<<~ ... By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff R James Wickard Date: April 14, 2000 -2- II I " II LAW OFFICE:S SNELBAKER. BRENNEMAN & SPARE II il il I , VERIFICATION I verify that the statements made in the foregoing Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. ,I ' II tJ J / I 'II R. James Wickard Date: April 14, 2000 Ii I' Ii I, I . , , . , I I II II I' I' " Ii I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the II below date, caused a true and correct copy of the foregoing Reply to New Matter to be served upon the person and in the manner indicated below: CERTIFICATE OF SERVICE FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Ii II I , 1 Henry W. Van Eck, Esquire 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 ~~u~ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Date: April 14, 2000 l.AW OFFICES SNELBAKER. BRENNEMAN & SPARE d' .~ - ~"""~" ~~ ~' " R. JAMES WICKARD, trading as R.J. WICKARD SIDING CONTRACTOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-1159 JAMES W. HUTCHISON, Defendant CIVIL ACTION - LAW NOTICE OF STAY NOTICE IS HEREBY GIVEN th~t James W. Hutchison, Jr., the above named Defendant, has filed a Petition under Chapter 7 of the United States Bankruptcy Code to Case No. 1-00-01457 and as a result thereof, the above captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only and the providing of this Notice is not intended to enter an appearance in the within case. CUNNINGHAM & CHERNICOFF, P.C. ,u~ tck Date: April 19, 2000 By: Henry Attorney I.D. No. 2320 North Second P. O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Esquire 83087 Street ~ ~ ~ , , . CERTIFICATE OF SERVICE I, Henry Van Eck, Esquire, hereby certify that on April 19, 2000, a true and correct copy of the foregoing NOTICE OF STAY was served by first-class mail, postage prepaid, on the following: Keith O. Brenneman, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055