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Home My WebLink About03-0017WHISLER'S WELL DRILLING, Plaintiff WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, L.L.C., Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNA · DOCKET NO. o~ -/'7 · JURY TRIAL DEMANDED · CIVIL ACTION - LAW 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 for 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 WHISLER'S WELL DRILLING, Plaintiff WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, L.L.C., Defendants IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNA · DOCKET NO. · JURY TRIAL DEMANDED · CIVIL ACTION - LAW CIVIL COMPLAINT The Plaintiff is Whisler's Well Drilling of Newville, Cumberland County, Pennsylvania. The Defendant, Deer Run Appalachian Campground, L.L.C., is a corporation, incorporated under the laws of Pennsylvania, located at 111 Sheet Iron Roof Road, Gardners, Pennsylvania. 3. The Defendant, William Christine, is an individual residing at 111 Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania. 4. It is believed and therefore averred that Defendant, William Christine, is a principal in Deer Run Appalachian Campground, L.L.C. 5. It is believed and therefore averred that Defendant, William Christine, is responsible for the daily operation and maintenance of Deer Run Appalachian Campground, L.L.C. 6. The Defendant, Harry T. Edmundson, is an individual residing at 937 Price Street, Trainor, Pennsylvania. 7. It is believed and therefore averred that Defendant, Harry T. Edmundson, is a principal in Deer Run Appalachian Campground, L.L.C. 8. The Defendant, Timothy Scott McDonald, is an individual residing at R.D. #4, Box 326, Martinsburg, West Virginia. 9. It is believed and therefore averred that Defendant, Timothy Scott McDonald, is a principal in Deer Run Appalachian Campground, L.L.C. 10.The Defendant, Jeffrey L. Pettit, is an individual receiving correspondence at Phelan, Pettit & Biedryzycki, The North American Building, Suite 1600, 121 South Broad Street, Philadelphia, Pennsylvania. 11. It is believed and therefore averred that Defendant, Jeffrey L. Pettit, resides in Pennsylvania. 12. It is believed and therefore averred that Defendant, Jeffrey L. Pettit, is a principal in Deer Run Appalachian Campground, L.L.C. 13. On or about August 26, 2002, the Defendants orally contracted with Plaintiff to have Plaintiff drill and install a water well on the campground property. 14. On or about or between August 26, 2002 and September 21,2002, Plaintiff did drill and install a water well on Defendant's campground property. 15. Defendants continue to utilize the subject water well as the sole means of obtaining water for the campground. 16. Defendants were billed a total amount of $13, 108.74 by invoice #3868, #3859, and #3895. (See Invoices, attached hereto as Exhibit A). 17.The sum or amount of ali materials and labor owed by the said Defendants to Plaintiff is $13,108.74, plus interest from the 21 st day of September, 2002. 18.To date, none of the principal sum has ever been paid by the Defendants to the Plaintiff, and that $13,108.74, plus interest from the 21st day of September, 2002, is owing, unpaid, and due from the Defendants to the Plaintiff. WHEREFORE, Plaintiff respectfully requests This Honorable Coud to enter judgment against the Defendants in the amount of $13,108.74 plus interest and costs. Respectfully submitted, ABOM & KUTULAKiS, L.L.P. Kara W. Hagge y,L~.S~L' (~ 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ?~-~SLER'S WELL DRILLING. _ .~B & HT&_ EXCAVATING Green Springs Road i'&wville. PA 17241 Ph=n,: (717) 776-6211 (717) 776-9441 Bill TO DEER RUN APPALAC~ CAMP GROUND lit SHEET IRON ROOF ROAD GARDNERS, PA 17324 Ship To WELL InVoice Date }nvo~-~, 9/30/'2002 3868 =.O, No. 8hip Project Due Date Terms 9130/2002 10130/1002 Nat 30 Quantity Item Cccle Dsscrlp~on Price Each Amount 348 147 147 DRIll2 DR6000-19 DRI 112.-1 DR6251 DR6200 DR 6" DRILLING SANDSTONE DR 6 5/8" CASINO PE 19 LB DR REAMING SANDSTONE !DR 6 1/4" ID DRIVI~ SHOE ROTARY DR 6" LOCKING Wl~T 1~ C,~P DR GROWI'ING / 33 BAGS 7.00 10.25 3.00 75.00 9000 1,019.00 2,436.00 1,505.75 441.00 7.5,00 90.00 1,019.00 OFFICE Total · ~WHiSLER.'S WELL DRILLING 3 66-1 Green Springs Road Newville, PA 17241 Phone: (717) 776-6211 Fax: (717) 776-9441 . LB & HTG- EXCAVATING InVoice Dele tnvoige # 9/23/2002 3859 A2PAI.&CHIAN CAMP GROUND tKO'lq' ROOF ROAD Z.:YS.)2<j.~5. FA 17324 Ship To YUM? P.O. No. Bhip 9/23/20O2 Item Code PU2g02-BPI 1 PLS0~-I 1 BR125300 1 BR125180 3 BR125200 2 PL575 2 PR12502 I PR12505 50 PI125309 1 PUE215 1 PUM504 200 PI20209-CL 2 PI20209-SS I PL560-3 2 BK20160 I PUC5 310 WI6-3100 NY20100 11 G157604 2 OB2012 1 ' BR125160 1 BR125190 I, BRI0110 4 BR125200 2 BR125220-1 2 PLS02-1 2 BR25400 2 PL100 4 BR110 4 EL375 2 ELiO I BR125180 i BR125100 8 PL540-3 3 PR12503 3 PR12502 2 PR12505 3 PR12506 ProJec~ Description PU2 1 HP 20GPM 230V BERKELEY PUM~- (TANK~) ~ ~SC-2 40 60 PP. ESSU~ swrrcH BR1 1/4" X 3" NripP BR1 1/4" ~0 FIP BR 1 1/4" MIP X I 1/4~ INSERT PL TORQUE ARRESTOR PR 1 1/4" 90 SC/ri 40 PR 1 ]/4'IUP SCH40 PI 1 I/4'X 100'AQUA-JET 160# pLrE L30P4$MO8 PUMP END - 3HP BERI(k~.~Y PUM 5 I~ 230V 3W FRANKLIN MOl'OR PI2' C~TA-LOK PIPE PI 2" SS CERTA-LOK MIP ADAPT FL 2" S-20 PITLES,~ ADPT BR 2" M~P X 2" INSERT PUC 5 HP FRKI24 CNTL BOX DELUXE WI &3 W/OROUND FLAT VII 3/4" X 60' BLK ELECT TAPE NY 2' ~0 INSERT OB 2' TEE GALV. OB l~ X 1 I/4' THREADED BUEI-~qO OAL¥ BR1 1/~' T FIP BR 1 l/4'X 1' BUSHING BR 1" PLUG BR I 1/4" MIPX 1 1/4" INSERT BR 1 1/4' 80 C CHECK VALVE PL F~t3-2 40 60 PRk~$~ SWITCH BR 1/4~ X 4~ NIPP PI, 0-100# PRESSURE OAUGE BR I/8'"'PLUO EL 3/8~ 2 SCREW ROMEX CONN. EL 1" ROMEX CONN BR 1 1/4~ 90 BR I 1/4" X 2'NIPPLE PL 1 3/4" X 13/16" CLAMP8 PR I 1/4" COUP SCH 40 PR 1 ~14" 90 $CH 40 PR 1 1/4" Fl? $CH 40 PR 1 I/a'MIP SCH ~0 you for your buisness - Due Date 10/2312002 Price Each 572.86 16.86 5.1t2 16.36 6,70 13.50 1.10 0.58 0.98 1.150.26 1,162.00 2,90 90,66 256,90 26.64 506.40 138 1.92 2,10 7.92 3.50 17.24 3,52 4,45 6.70 37,44 16.g6 2.44 2.62 5,gO 0.44 1.58 16.36 6.02 1.12 1.00 1.10 038 1.30 Terms Net 30 Amou~i[ 55'2.86 16.g6 5.82 16,36 20.10 27.00 2.20 0.58 49.00 1,150.26 1,162.00 580.00 181,32 256.90 53.28 506.40 551,80 768 2.10 7.92 7.00 17.24 3.52 4.45 26.80 74.g8 33.72 4,88 5,24 2320 1.76 3.16 16.36 6.02 8.96 3.00 3J0 1,16 330 Total · ..WH/$LER'S WELL DIKLLLIN(}- ': ~.':-.' ~ ~ Springs Road · ' "~- ?.;~. 17241 v~?,e: (717) 776-6211 -~.~..::~., (7~7) 776-944~ DEER RUN APPALACHIAN CAMP GROUND 111 SlIEET IliON ROOF ROAD GARDNERS, PA 17324 KB ~ HTG- EXCAVATING Ship To pLTM? Invoice Date [ Invoio~ # 9t23/2002 3859 P.O, No. Quantity 1oo mo3o9 38 >L1000 you for your buimeas Ship 9/23/g002 Item Code Project DeecriptJon FI 2" AQUA-JET Pn~E 160# FL LABOR Due Date 10/23/2002 Price Each 1,96 45,00 TermG Net 30 Amount 1'96,00 1,710,00 Paoo 2 Total $7,324.99 ':'C!{ZS'LEI~.'S WELL DRILLINt 366-1 Green Sprigs Road Newville, PA 17241 Phone', (717) 776-6211 Fax: (717) 776-9441 DI:'ER RUN APPALACHIA~ CAMP OROUND SHEET IRON ROOF ROAD 9AKDlqER$, PA 17.324 z'LB & HTC,- EXCAVATING Ship To WAT'~R '-~S TING Invoice Date lO/1 t/2oo2 P.O, No. Ship 10/1112002 ~ ~a.t/ty Rem Code Project Description DR WATER TESTING Due Date 11/10/2o02 Price Each 216.00 Terms Net 30 Amount 216.0o : ~'-a :,. ~, ...vela- blaan~8 Total s 6.oo VERIFICATION I, Kenneth L. Whisler, hereby verify that the facts set forth in the foregoing Civil Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Kenneth L. Whisler, Authorized Agent Whisler's Well Drilling Johnson, Duffle, Stewart & Weidner By: Robert M. Walker I.D. No. 86340 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Christine WHISLER'S WELL DRILLING, Plaintiff WILLIAM CHRISTINE HARRY T. EDMUNDSON 'IMOTHY SCOTT McDONALD JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, L.L.C. Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 17 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAEClPE TO ENTER APPEARANCE AND NOW, this ,~ / ~:~day of January, 2003, enter the appearance of the undersigned on behalf of the Defendant, William Christine, in the above captioned action. Robert M. Walker :167491 CERTIFICATE OF SERVICE I, Robert M. Walker, of the law firm of Johnson, Duffle, Stewart & Weidner, attorneys for Defendant Christine, do hereby certify that I served a true and correct copy of the attached Praecipe to Enter Appearance by United States Mail, first class, postage prepaid, upon the individual listed below: Kara W. Haggerty, Esquire Abom& Kutulakis, L.L.P. 8 South Hanover Street, Suite 204 Carlisle, PA 17013 Date: :167491 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00017 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHISLER'S WELL DRILLING VS CHRISTINE WILLIAM ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: EDMUNDSON HARRY T but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DELAWARE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 13th , 2003 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Delaware Co 32.85 .00 57.85 02/13/2003 Sheriff of Cumberland County ABOM & KUTULAKIS Sworn and subscribed to before me this J[ ~ day of J~-~ A.D. Prothonotary ' ' SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2003-00017 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WHISLER'S WELL DRILLING VS. CHRISTINE WILLIAM ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,MCDONALD TIMOTHY SCOTT , by United States Certified Mail postage prepaid, on the 8th day of January ,2003 at 0000:00 HOURS, at R D #4 BOX 326 MARTINSBURG, WV 25401 and attested copy of the attached COMPLAINT & NOTICE with , a true Together The returned receipt card was signed by 00/00/0000 Additional Comments: CERTIFIED MAIL WAS RETURNED TO SHERIFF'S OFFICE on AS UNCLAIMED. Additional Comments Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 6 00 4 65 00 10 00 00 20 65 R. Thomas Kline Sheriff of Cumberland County Paid by ABOM & KUTULAKIS Sworn a{~d subscribed to before me this ~ ~ day of ~ A.D. ~othon0tary ' on 02/13/2003 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00017 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHISLER'S WELL DRILLING VS CHRISTINE WILLIAM ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PETTIT JEFFREY L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 13th , 2003 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Philadelphia 116.00 .00 141.00 02/13/2003 ABOM & KUTULAKIS ~. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of 7~~ / ~ A.D. l- ~ -Prothonotary' ' SHERIFF'S RETURN - REGULAR CASE NO: 2003-00017 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHISLER'S WELL DRILLING VS CHRISTINE WILLIAM ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CHRISTINE WILLIAM the DEFENDANT at 111 SHEET IRON ROOF ROAD , at 1520:00 HOURS, on the 13th day of January GARDNERS, PA 17324 by handing to WILLIAM CHRISTINE a true and attested copy of COMPLAINT & NOTICE , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 5 52 00 10 00 00 33 52 Sworn and Subscribed to before me this Kg ? day of ~~ ~ A.D. / ~ ! ;Pro~h0notary ~ So Answers: R. Thomas Kline 02/13/2003 ,~ /~ ~ ABOM & KUTULAKIS//// /~/ / By: i~j, ~~puty ShY'riff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00017 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHISLER'S WELL DRILLING VS CHRISTINE WILLIAM ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEER RUN APPALACHIAN CAMPGROUND LLC the DEFENDANT , at 1520:00 HOURS, on the 13th day of January at 111 SHEET IRON ROOF ROAD GARDNERS, PA WILLIAM CHRISTINE a true and attested copy of COMPLAINT & NOTICE , 2003 by handing to ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 2~ day of ,JJ~__ ~ A.D. ~~tFon~.~ ~ ~ So Answers: Thomas Klmne 02/13/2003 . ~ Deput~ShezWiff ' In ~he Court of Common Pleas of Cumberland County, Pennsylvania- Whisler's Well Dri]'lin~ VS. William Christine et al SERVE: Harry T. Edmundson No. 03 17 civil NOW, Januax3r 8, 2003 ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~elawar; County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Count, PA ow, within Wz~',~/v ~. ~'dMOH~o~ upon Affidavit of Service ,2003 , at ,3 3~ o'.clook__ ~ M. served the by handing to ~f~ f~Jt~ o~d6~ ~o~/ a and made known to copy of the ori~nal. So answers, the contents thereof. Sworn and subscribed before me this ~.~ day ,200,5 Sheriff of COSTS ~Vl~12~ MILEAGE AFFIDAVIT County, PA T In The Court of Common Pleas of Cumberland County, Pennsylvania Whisler's Well Drilling VS. William Christine et al SERVE: Jeffrey L. Pettit Now, January 8, 2003 hereby deputize the Sheriff of 03 17 civil No. I, SHERIFF OF CUMBERLAND COUNTY, PA, do phiJ'a~elphia deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this ~- ~.,,~ . Sheriff of Cumberland County, PA Affidavit of Service Now, l ~ a~ , 20~_, at ~ o'•clock ~ M. served the within ~ U /~ ~ ~ ti f upon ~~/L~ ~/ Y~ fil T at ~ c~ l s ,C3f ~I/rNJ ,('T by handing to ~,~ ~,~ ~ 1 L3 ~'/'~1 ~ a and made known to So answers, the contents thereof. of ~~ ~~ ~~~ 1 ounty, PA Sworn and subscribed before me this `'day of r , 20 0 3 y "= Ctl~ `10811R~AL B~AL PNbMo copy of the original CO:~TS _ MILEAGE To Plaintiff.' You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a jud~nst you. Atto~-~ fo~ants Deer Run Appalachian Campground, ~ [,,M2.Ha~Edmundson, Timothy Scott McDonald and k.~eyL. ~t PHELAN, PETTIT & BIEDRZYCKI BY: JEFFREY L. PETTIT, ESQUIRE ATTORNEY I.D. NO. 21624 121 SOUTH BROAD STREET SUITE 1600 PHILADELPHIA, PA 19107 (215)546-0500 ATTORNEY FOR DEFENDANTS Deer Run Appalachian Campground, LLC, Harry T. Edmundson, Timothy Scott McDonald and Jeffrey L. Pettit WHISLER'S WELL DRILLING, Plaintiff Vo WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, LLC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY DOCKET NO. 03-17 DEFENDANTS HARRY T. EDMUNDSON'S, TIMOTHY SCOTT McDONALD'S, JEFFREY L. PETTIT'S AND DEER RUN APPALACHIAN CAMPGROUND, LLC'S ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted. 2. Denied. It is denied that Deer Run Appalachian Campground, LLC is a corporation and that it is located at 111 Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania. It is averred that Defendant Deer Run Appalachian Campground, LLC is a limited liability company organized under the laws of the Commonwealth of Pennsylvania which formerly owned a camping property located at 111 Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania. 3. Admitted. 4. Denied as stated. It is admitted that Defendant William Christine is a member of the limited liability company, Deer Run Appalachian Campground, LLC. 5. Denied as stated. It is admitted that Defendant William Christine in August and September 2002 was responsible for the daily operation and maintenance of Deer Run Appalachian Campground, LLC property located at 111 Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania. 6. Admitted. 7. Denied as stated. It is admitted that Defendant Harry T. Edmundson is a member of the limited liability company, Deer Run Appalachian Campground, LLC. 8. Admitted. 9. Denied as stated. It is admitted that Defendant Timothy Scott McDonald is a member of the limited liability company, Deer Run Appalachian Campground, LLC. 10. Admitted. 11. Admitted. 12. Denied as stated. It is admitted that Defendant Jeffrey L. Pettit is a member of the limited liability company, Deer Run Appalachian Campground, LLC. 13. Admitted in part and denied in part. It is admitted that on or about August 26, 2002, Defendant William Christine orally contracted with Plaintiff to have Plaintiff drill and install a water well on the campground property. It is denied that Defendants Deer Run Appalachian Campground, LLC, Harry T. Edmundson, Timothy Scott McDonald or Jeffrey L. Pettit contracted with the 2 Plaintiff or authorized Defendant William Christine to do so. 14. Admitted. 15. Denied. It is admitted that since the well was installed in August/September 2002, Defendant Deer Run Appalachian Campground, LLC and Defendant William Christine utilized the subject water well as a means of obtaining water for the campground. It is denied that at all times hereto that the subject water well was used as a sole means of obtaining water for the campground. It is further denied that Defendants Harry T. Edmundson, Timothy Scott McDonald and Jeffrey L. Pettit utilized the subject water well in any manner. 16. Denied as stated. It is admitted that Defendant Deer Run Appalachian Campground, LLC was billed a total amount of $13,108.74 by the invoices attached to the Complaint. 17. Denied. It is denied that Defendants Deer Run Appalachian Campground, LLC, Harry T. Edmundson, Timothy Scott McDonald or Jeffrey L. Pettit owe any sums to the Plaintiff. It is admitted that Defendant William Christine owes some amount for labor and materials to the Plaintiff. However, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment that the amount owed for labor and material by Defendant William Christine is $13,108.74. 18. Admitted in part and denied in part. It is admitted that none of the principal sum has been paid to the Plaintiff. The remaining averments of paragraph 18 stated a conclusion of law to which no response is necessary. NEW MATTER 19. Plaintiff has failed to properly identify itself as a sole proprietorship, corporation or other legally recognized entity. 20. The actions of Defendant William Christine in engaging Plaintiff to drill a well at Deer Run Campground property was not authorized by Deer Run Appalachian Campground, LLC. Therefore, Defendant, Deer Run Appalachian Campground, LLC is not liable to Plaintiff. 21. None of the answering Defendants herein, Harry T. Edmundson, Timothy Scott McDonald or Jeffrey L. Pettit, personally engaged the Plaintiff to drill the well at the campground property and, therefore, cannot be personally liable to the Plaintiff. 22. Defendant Harry T. Edmundson specifically informed Plaintiff that before the well drilling commenced that Mr. Christine had no authority to engage the Plaintiff to drill a well at the Deer Run Campground property or that a new well was necessary. 23. By virtue of Section 8922 of Limited Liability Company law, 15 Pa.C.S.A § 8922, the Answering Defendants herein, Harry T. Edmundson, Timothy Scott McDonald and Jeffrey L. Pettit can have no personal liability to Plaintiff for any actions taken by Deer Run Appalachian Campground, LLC. 24. As the result of a Sheriffs Sale on March 5, 2003, M. & T. Bank acquired ownership of the campground property. 25. On October 21, 2002, Plaintiff filed a Notice of a Mechanics' Lien Claim against the Defendants in the Cumberland County Court of Common Pleas at docket no. 02-5093 MLD. Since that date, Plaintiff has failed to file an action upon said mechanics' lien. 26. The proceeding at docket no. 02-5093 MLD constitutes a lis pendens and precludes the Plaintiff from proceeding in this action. 27. By instituting the mechanics' lien, Plaintiff has elected its remedy and, therefgre, cannot file a separate civil action. 4 WHEREFORE, answering Defendants Deer Run Appalachian Campground, LLC, Harry T. Edmundson, Timothy Scott McDonald and Jeffrey L. Pettit respectfully request judgment be entered in favor of said Defendants and against the Plaintiff. ~~. No. 21624 Attorney for Defendants Deer Run Appalachian Campground, LLC, Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit, Norman B. Slater, Jr. and Ernest E. Mize Date: March 28, 2003 G:\DATA\1654-1 \PLDGXAnswer-WhislerWell.wpd 5 VERIFICATION The undersigned, Jeffrey L. Pettit, Esquire, hereby states that he is one of the Defendants in the foregoing action and that he has read the attached Defendants Harry T. Edmundson's, Timothy Scott McDonald's, Jeffrey L. Pettit's and Deer Run Appalachian Campground, LLC's Answer to Complaint with New Matter, and that the facts set forth therein are true and correct to the best of his knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE The undersigned hereby certifies that he has this date caused a tree and correct copy of the foregoing Defendants Harry T. Edmundson's, Timothy Scott McDonald's, Jeffrey L. Pettit's and Deer Run Appalachian Campground, LLC's Answer to Complaint with New Matter to be served on counsel of record by forwarding same via first-class mail, postage prepaid, addressed as follows: Kara W. Haggerty Esquire Abom& Kutulakis 8 South Hanover Street, Suite 204 Carlisle, PA 17013 Counsel for Plaintiffs Robert M. Walker, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant William Christine Dated: March 28, 2003 Johnson, Duffle, Stewart & Weidner By: Robert M. Walker I.D. No. 86340 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant William Christine WHISLER'S WELL DRILLING, Plaintiff WILLIAM CHRISTINE HARRY T. EDMUNDSON TIMOTHY SCOTT McDONALD JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, L..L.C., Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 17 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT WILLIAM CHRISTINE Defendant William Christine, Plaintiff's Complaint as follows: DEMURRER by his attorneys, Johnson, Duffie, Stewart & Weidner, demurs to 1. Plaintiff filed a one-count Complaint alleging a cause of action in contract against Defendants, including Defendant Christine. A copy of said Complaint is attached hereto as Exhibit "A". 2. As set forth below, Plaintiff's Complaint fails to state a cause of action against Defendant Christine and therefore should be dismissed. 3. Plaintiff has alleged that Defendants orally contracted with Plaintiff to have Plaintiff drill and install a water well on real property owned by Defendant Deer Run Appalachian Campground LLC. 4. Plaintiff has provided no legal or factual basis for Defendant Christine's liability to Plaintiff under the alleged oral Contract. o Furthermore, Defendant Christine is shielded from personal liability under the Pennsylvania Limited Liability Company Law of 1994 (15 Pa. C.S.A. §8901 et. cet.) which provides that "the members of a limited liability company shall not be liable, solely by reason of being a member, under an order of a court or in any other manner for a debt, obligation or liability of the company of any kind or for the acts of any member, manager, agent or employee of the company." [(15 Pa. C.S.A. §8922 (a)]. WHEREFORE, Defendant Christine respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and enter a judgment in favor of Defendant Christine. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER BY: 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant Christine :167486 CERTIFICATE OF SERVICE I, Robert M. Walker, of the law firm of Johnson, Duffie, Stewart & Weidner, attorneys for Defendant Christine, do hereby certify that I served a true and correct copy of the attached Preliminary Objections by United States Mail, first class, postage prepaid, upon the individual listed below: Kara W. Haggerty, Esquire Abom& Kutulakis, L.L.P. 8 South Hanover Street, Suite 204 Carlisle, PA 17013 Date: :167486 WHISLER'S WELL DRILLING, Plaintiff WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, L.L.C., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : DOCKET NO. 03-17 : JURY TRIAL DEMANDED : CML ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, this ! ~34x. day of May, 2003, the Plaintiff, Whisler's Well Drilling, answers the following to Defendant's New Matter: 19) Admitted. By way of further answer, the Plaintiff, Whisler's Well Drilling, is a sole proprietorship conducting business in Pennsylvania; 20) Denied. It is specifically denied that the actions of the Defendant, William Christine, in engaging Plaintiff to drill at Deer Run Campground property was not authorized by Deer Run Appalachian Campground, L.L.C. It is specifically denied that Defendant, Deer Run Campground, L.L.C., is not liable to Plaintiff; 21) Admitted in part, denied in part. It is admitted that Defendant's Harry T. Edmundson, Timothy Scott McDonald, or Jeffrey L. Petfit, personally did not engage the Plaintiff to drill the well at the campground property. It is specifically denied that those named Defendant's cannot be personally liable to the Plaintiff; 22) Denied. It is specifically denied that Defendant, Harry T. Edmundson specifically informed Plaintiff that Mr. Christine had no authority to engage the Plaintiff to drill a well at the Deer Run Campground property or that a new well was not necessary prior to the well drilling commencing; 23) This averment contains a conclusion of law to which no responsive pleading is required; 24) Admitted. By way of further answer, M. & T. Bank did acquire ownership of the campground property notwithstanding the Mechanic's Lien that was filed on said property; 25) Admitted in part, denied in part. It is admitted that Plaintiff filed a Notice of a Mechanic's Lien Claim against the Defendants in the Cumberland County Court of Common Pleas at docket no. 02-5093 MLD. It is specifically denied that Plaintiff has failed to file an action upon said Mechanic's Lien; 26) This averment contains a conclusion of law to which no responsive pleading is required; 27) Denied. It is specifically denied that by instituting the Mechanic's Lien, Plaintiff has elected its remedy and cannot file a separate civil action. WHEREFORE, the Plaintiff respectfully requests the Judgment be entered in favor of Plaintiff and against all named Defendants. Respectfully submitted, .A_BOM & KUTULAKIS~ LL P ~/~ a~W. Ha~g~erty,~~r'~-'- 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 VERIFICATION I, Kara W. Haggerty, Esquire, verify that the statements made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. [ 4904 relating to unswom falsification to authorities. Respectfully submitted, A. BOM ~ KuTuLAKIs, LL.P Kara W. Haggerty, ~e O 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer to New Matter upon all counsel of record by depositing, or causing to be depoSited, same in the U.S. mail, First-Class, postage prepaid, addressed as follows: Jeffrey L. Pettit, Esqtdre Phelan, Pettit & BiedrzycM 121 South Broad Street SMte 1600 Ptdladelptda, PA 19107 Counsel for Defendants, Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit, and Deer Run Appalachian Campground, L.L.C. Robert Walker, Esquire Johnson, DuftTe, Stewart & Weidner 2101 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant, William Christine Respectfully submitted, ABOM & KUTULAgTS, L.L.P DATE Kara W. Haggert~squire 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 WHISLER'S WELL DRILLING, . Plaintiff WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, L.L.C., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : DOCKET NO. 03-17 : JURY TRIAL DEMANDED : CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO PREI.IMINARY OBJECTIONS OF DEFENDANT, WILLIAM CHRISTINE AND NOW, this /.ff&/x. day of May, 2003, the Plaintiff, Whisler's Well Drilling, answers the following to Defendant's Preliminary Objections: 1. Admitted. It is admitted that the Plaintiff filed a Complaint alleging a cause of action in contract against Defendant, including Defendant Christine. 2. Denied. It is specifically denied that Plaintiff's Complaint fails to state a cause of action against Defendant Christine. 3. Admitted. It is admitted that Defendants orally contracted with Plaintiff to have Plaintiff drill and install a water well on real property owned by Defendant Deer Run Appalachian Campground LLC. 4. Denied. It is specifically denied that the Plaintiff has provided no legal or factual basis for Defendant Christine's liability to Plaintiff under the oral contract. By way of further answer, the oral contract was executed between Defendant Christine and Plaintiff. 5. The averment contains a conclusion of law to which no responsive pleading is required. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court dismiss Defendant Christine's Preliminary Objections and enter Judgment in favor of Plaintiff. Respectfully submitted, DATE ABOM & KUTULaX~S, L.L P Kara W. Haggert~quire (~ 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 CERTIFICATE OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer to Preliminary Objections of Defendant, William Christine upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, addressed as follows: Robert Walker, Esquire Jol~nson, Dut~e, Stewart & Weidner 2101 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant, William Christine Respectfully submitted, g_BOM & KUTULamS, LL.P DATE 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 WHISLER'S WELL DRILLING, Plaintiff Vo WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, L.L.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA : DOCKET NO. 03-17 JURY TRIAL DEMANDED CIVIL ACTION - LAW MOTION TO SCHEDULE HEARING AND NOW, this /,~~ay of May, 2003, comes the Plaintiff, Whisler's Well Drilling, by and through their attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKtS, L.L.P., and avers the following: 1) On or about April 14, 2003, the Plaintiff filed Exceptions to the Distribution of Proceeds from the Sale of Real Property pursuant to Pa. R.C.P. 3136 in the above captioned matter. (copy attached as Exhibit "A") 2) The undersigned counsel believes that a Hearing must be scheduled to hear argument on the Exceptions to Distribution of Proceed from the Sale of Real Property, which was filed by the Plaintiff, Whisler's Well Drilling. WHEREFORE, the Plaintiff, Whisler's Well Drilling, respectfully that this Honorable Court schedule a Heating for Argument in this matter. requests Respectfully submitted, ABOM & KUTULAI~S, L.LP Kara W. Hagge~W,g~quire r 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 VERIFICATION I, Kara W. Haggerty, Esquire, verify that the statements made in the foregoing Motion to Schedule Hearing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. Respectfully submitted, ABOM & KUTULAmS, L.L.P DATE/J'Sll,SIo~,_ -- - ' . Kara W. Haggerty, e.~utre 6 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Motion to Schedule Heating upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, addressed as follows: JeFFrey L. Petfft, Esquire Phelan, Pettit & BiedczycM 121 South Broad Street Suite 1600 Pht'ladelptda, PA 19107 Counsel for Defendants, Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit, and Deer Run Appalachian Campground, L.L.C. Robert Walker, Esquire Johnson, Dut~e, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant, William Christine Laurence Hirers, Esquire 129 E. Market Street York, PA 17401 ID'chard Brent Somach, Esquire Somach & Wester 1132 Hamilton Street Suite 201 Allentown, PA 18101 DATE Respectfully submitted, ABOM & KUTULAKIS, L.LP Kara W. Haggerty~quire (~ 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 MANUFACTURERS AND TRADERS : TRUST COMPANY, d/b/a M&T BANK, : Successor by merger to KEYSTONE : FINANCIAL BANK, N.A., f/k/a : FINANCIAL TRUST, Plaintiff DEER RUN APPALACHIAN CAMPGROUND, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERI~ND COUNTY, PENNSYLVANIA : WRIT NO. 2002-3474 CIVIL TERM : : CIVIL ACTION - LAW WHISLER'S WELL DRILLING'S EXCEPTIONS TO THE DISTRIBUTION OF PROCEEDS FRO.M THE SALE OF REAL PROPERTY PURSUANT TO Pa. R.C.P. 3136 AND NOW, this 14m day of April, 2003, comes Whisler's Well Drilling, by and t~-rou~[ its attorneys, ABOM & KUTUL?~KIS, L.L.P., and files its Exceptions to the Distribution of Proceeds from the Sale of Real Property pursuant to Pa. R.C.P. 3136, and in support thereof avers as follows: 1. On or about March 5, 2003, the office of the Sheriff of Cumberland County, Pennsylvania, conducted the sale of property located at 111 Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania (hereinafter, "the property"), in enforcement of Judgment entered in the above captioned matter. 2. Defendants owe Whisler's Well Drilling $13,108.74 for certain work, labor, equipment and materials related to the drilling and installation of a commercial well on Defendant's property, which said amount represents unpaid charges dating back to August 26, 2002, together with compounded annual interest, for which said amount Whisler's Well Drilling has a Mechanic's Lien Claim against the propert% 3. The schedule of distribution of proceeds of the sale of property, which was filed by the Sheriff on or about April 4, 2003, fails to account for the $13,108.74 Mechanics Lien Claim, which Whisler's Well Drilling has against the property. 4. Whisler's Well te as a creditor in the distribution of proceeds from the sale of the property in order to satisfy all or part of the Mechanics Lien Claim, which Whisler's Well Drilling has against the property. WHEREFORE, Whisler's Well Drilling as party and interest, respectfully requests This Honorable Court to enter an Order pursuant to Pa. R.C.P. 3136 directing the Sheriff of Cumberland County to amend the schedule of distribution of proceeds from the sale of Deer Run Appalachian Campground, LLC, 111 Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania, in order to payoff the Mechanics Lien Claim of $13, 108.74. Respectfully submitted, ABOM & KUTULAKI$, L.L.P Kara W. Haggerty, Esq(~ (J 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 VERIFICATION I, Kara W. Haggerty, Esquire, verify that the statements made in the foregoing Exceptions are true and correct to the best of my knoxvledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. Respectfully submitted, ABOM & KUTUI_dlKI$, L. LP Kara W. Haggerty, Es~4i~ ~ ~ 8 South Hanover Stree"ff, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Exceptions upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Chss, postage prepaid, addressed as follows: Denise L. Westet, Esquire 1132 Hamilton St., Suite 201 Allentown, PA 18101 Deer Run Appalachian Campground, LLC 111 Sheet Iron Rood Road Gardners, PA 17324 Laurence Himes, Esquire 129 E. Market Street York, PA 17401 Shetiti°s Department Cumberland County7 Courthouse One Courthouse Square Carh'sle, PA 17013 Respectfully submitted, ABOM ~ KUTULAKIS, L.L.P DATE Kara W. Haggerty, ~fire (,J 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (V 17) 249-0900 ID #86914 WHISLER'S WELL DRILLING, Plaintiff WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, L.L.C., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : DOCKET NO. 03-17 : JURY TRIAL DEMANDED : CIVIL ACTION - LAW MOTION TO SCHEDULE HEARING AND NOW, this /-~]~tay of May, 2003, comes the Plaintiff, Whisler's Well Drilling, by and through their attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and avers the following: 1) On or about April 14, 2003, the Plaintiff filed Exceptions to the Distribution of Proceeds from the Sale of Real Property pursuant to Pa. R.C.P. 3136 in the above captioned matter. (copy attached as Exhibit "A") 2) The undersigned counsel believes that a Hearing must be scheduled to hear argument on the Exceptions to Distribution of Proceed from the Sale of Real Property, which was filed by the Plaintiff, Whisler's Well Drilling. WHEREFORE, the Plaintiff, Whisler's Well Drilling, respectfully that this Honorable Court schedule a Heating for Argument in this matter. requests DaTE Respectfully submitted, ABOM & KUTULA~S, LLP Kara W. Haggerty, d~quire 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 VERIFICATION I, Kara W. Haggerty, Esquire, verify that the statements made in the foregoing Motion to Schedule Hearing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unswom falsification to authorities. Respectfully submitted, ~_BOM & KUTULAKIS, LL P Kara W. Haggerty, ~uire (~ 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Motion to Schedule Hearing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, addressed as follows: Jeffrey L Pettit, Esquire Phelan, Pettit & BiedtzycM 121 South Broad Street SMte 1600 Pldladelplda, PA 19107 Counsel for Defendants, Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit, and Deer Run Appalachian Campground, L.L.C. Robert WM3ret, Esquire Johnson, Dutt~e, Stewart & Weidner 301 M~tket Street P. O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant, William Christine Laurence Hirers, Esquire 129 E. Market Street York, PA 17401 ID'chard Brent Somach, Esquire Somach & Wester 1132 Hamilton Street Suite 201 Allentown, PA 18101 Respectfully submitted, ABOM & KUTULAKIS, L.LP Kara W. Haggerty~]quire (1~ 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 MANUFACTURERS AND TRADERS TRUST COMPANY, d/b/a M&T BANK, Successor by merger to KEYSTONE FINANCIAL BANK, N.A., f/k/a FINANCIAL TRUST, Plaintiff Vo DEER RUN APPALACHIAN CAMPGROUND, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WRIT NO. 2002-3474 CIVIL TERM CIVIL ACTION - LAW WHISLER'S WELL DRILLING'S EXCEPTIONS TO THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF REAL PROPERTY PURSUANT TO Pa. R.C.P. 3136 AND NOI,[5~ this 14th day of April, 2003, comes Whisler's Well Drilling, by and t~'rou~l~ its attorneys, ABOM & KUTUL-XKIS, L.L.P., and files its Exceptions to the Distribution of Proceeds from the Sale of Real Property pursuant to Pa. R.C.P. 3136, and in support thereof avers as follows: 1. On or about March 5, 2003, the office of the Sheriff of Cumberland County, Pennsylvania, conducted the sale of property located at 111 Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania (hereinafter, "the property"), in enforcement °f Judgment entered in the above captioned matter. 2. Defendants owe Whisler's Well Drilling $13,108.74 for certain work, labor, equipment and materials related to the drilling and installation of a commercial well on Defendant's property, which said amount represents unpaid charges dating back to August 26, 2002, together with compounded annual interest, for which said amount Whisler's Well Drilling has a Mechanic's Lien Claim against the property. 3. The schedule of distribution of proceeds of the sale of property, which was filed by the Sheriff on or about April 4, 2003, fails to account for the $13,108.74 Mechanics Lien Claim, which Whisler's Well Drilling has against the property. 4. Whisler's Well .'ts a creditor in the distribution of proceeds from the sale of the property in order to satisfy all or part of the Mechanics Lien Claim, which Whisler's Well Drilling has against the property. WHEREFORE, Whisler's Well Drilling as party and interest, respectfully requests This Honorable Court to enter an Order pursuant to Pa. R.C.P. 3136 directing the Sheriff of Cumberland County to amend the schedule of distribution of proceeds from the sale of Deer Run Appalachian Campground, LLC, 111 Sheet Iron Roof Road, Gardners, Ctu'nberland County, Pennsylvania, in order to payoff the Mechanics Lien Claim of $13, 108.74. Respectfully submitted, .A_BOM & KUTULAK~S, L.L.P Kara W. Haggerty, Esq(~ ~ 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 24%O9OO ID #86914 VERIFICATION I, Kara W. Haggerty, Esquire, verify that the statements made in the foregoing Exceptions are true and correct to the best of my knoxvledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. Respectfully submitted, ABOM & KUTULAKJS, L.L.P a W. Haggerty, Es~q~ (~ '~-~ 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Exceptions upon all counsel ,of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, addressed as follows: Derdse L. Wester, Esquire 1132 Hamilton St., Suite 201 ddlentown, PA 18101 Deer Run Appalachian Campground, LLC 111 Sheet Iron Rood Road G~cdnecs, PA 17324 Laurence Himes, Esquire 129 E. Market Street York, PA 17401 ShedtJ~s Department Cumberland CounO~ CoutZbouse One Courthouse Square Carh'sle, PA 17013 Respectfully submitted, .A_BOM & KUTUI_AKIS~ L. L P DATE Kara W. Haggerty, ~_~J~e ~J - 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 NAY 2 0 2O03 WHISLER'S WELL DRILLING, Plaintiff Vo WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, and DEER RUN APPAI,ACHIAN CAMPGROUND, L.L.C., Defendants : DOCKET NO. 03-17 : : JURY TRIAL DEMANDED : CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS CUMBERI,AND COUNTY, PENNA ORDER AND NOW, this ~-'-L~ day of May, 2003, upon consideration of the Plaintiff's Motion it is hereby Ordered that ~ be scheduled on the Exceptions to Distribution of Proceed from the Sale of Real Property to be held on the oq0T/~day of ~ 2003, at ~ J 00 ~ M., in Courtroom No. / , at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT, Jo WHISLER'S WELL DRILLING, Plaintiff V. WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, L.L.C., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERL~5/ND COUNTY, PENNA DOCKET NO. 03-17 JURY TRIAL DEMANDED CIVIL ACTION - LAW MOTION FOR CONTINUANCR AND NOW, this 18th day of June, 2003, comes the Plaintiff, Whisler's Well Drilling, by and through their attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKtS, L.L.P., and avers the following: 1) On or about April 14, 2003, the Plaintiff filed Exceptions to the Distribution of Proceeds from the Sale of Real Property pursuant to Pa. R.C.P. 3136 in the above captioned matter. 2) A Hearing is scheduled before This Honorable: Court for Friday, June 20, 2003, at 9:00 a.m. to hear argument on the Exceptions to Distribution of Proceed from the Sale of Real Property, which was filed by the Plaintiff, Whisler's Well Drilling. 3) Plaintiff, Kenneth Whisler, is unavailable on the scheduled hearing date due to the fact that he and his wife are undergoing irt vitro fertilization and their appointment was scheduled for the same date. 4) Plaintiff, Richard Whisler, is unavailable on the scheduled hearing date due to the fact that he is scheduled to undergo cancer treatment at Johns Hopkins hospital in Baltimore, Maryland on that date. 5) The parties involved are attempting to resolve this matter without necessity of a heating or argument. 6) Undersigned counsel respectfully requests a continuance of the argument in the above-referenced matter. 7) Robert Walker, Esquire, attorney fo~: Defendant William Christine, is not opposed to a request for a continuance. 8) Jeffrey L. Pettit, Esquire, is not opposed to a request for a continuance. 9) Undersigned counsel has contacted Laurence T. Himes, Jr., Esquire, attorney for the current buyers of the campground; howew'.r, she has not been able to secure his position on the request for a continuance. lO)This is the first request for a continuance in this matter. WHEREFORE, the Plaintiff, Whisler's Well Drilling, respectfully requests that this Honorable Court grant a continuance in this matter. Respectfully submitted, UTULM3S, L.L.P Kara W. Haggerty, ~tuire (.J 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 VERIFICATION I, Kara W. Haggerty, Esquire, verify that the statements made in the foregoing Motion for Continuance are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unswom falsification to authorities. Respectfully submitted, ABOM ~ KUTUI~rgI'S~, L.L.P Kara W. Haggerty, Es{tulre ( 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE I, Rhonda D. Rudy, hereby certify that I did serve a true and correct copy of the foregoing Motion for Continuance upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, addressed as follows: Jeffrey L Pettit, Esquire Phelan, Pettit & Biedczycld 121 South Broad Street Suite 1600 Philadelplda, PA 19107 Counsel for Defendants, Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit, and Deer Run Appalachian Campground, L.L.C. Robert Walke~, Esquire Johnson, Dut~e, StewaH& Weidner 301 Market Street P. O. Box 109 Lemoj~e, PA 170421-0109 Counsel for Defendant, William Christine Laurence Himes, Jr., Esquire Gdest, Himes, Herrold, Schaumann, LL?. 129 E. Market Street York, PA 17401 Ra'chard Brent Somach, Esquire Somach & W/ester 1152 Hamilton Street Suite 201 Allento~, PA 18101 Respectfully submitted, A~OM & KUTU~s, LLP ~ ~duathD~ aRnUod~:r Stree ~ Carlisle, Pennsylvania 17013 (717) 249-0900 WHISLER'S WELL DRILLING, Plaintiff VS. WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT MCDONALD, JEFFREY L.: PETTIT, and DEER RUN : APPALACHIAN CAMPGROUND,: L.L.C., : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-17 CIVIL JURY TRIAL DEMANDED IN RE: MOTION FOR CONTINUANCE ORDER AND NOW, this ! ~ ~ day of June, 2003, the motion of the plaintiff for continuance is GRANTED. As a condition thereof, the stay pending in this matter is removed and the Sheriff of Cumberland County is authorized to deliver a Sheriff's Deed to Wallace and Crone in exchange for the establishment of an escrow account in the amount $14,000.00 to be maintained by the Cumberland County Prothonotary until such time as the issues involving exceptions are decided. Continued argument is herewith set for the / qGf day of ~d/' ~xo& , 2003, at //,'DZ.) o'clock o~ .m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P . BY THE COURT, '~Kara Haggerty, Esquire For the Plaintiff Kev/~. Hess, J. o b - / q .fl2, ~chard Brent Stomach, Esquire ~/~obert Walker, Esquire ~/ffeffrey L. Petit, Esquire Laurence Himes, Jr., Esquire WHISLER'S WELL DRILLING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03-17 Jury Trial Demanded WILLIAM CHRISTINE, : HARRY T. EDMUNDSON, : TIMOTHY SCOTT McDONALD, : JEFFREY L. PETTIT and '. DEER RUN APPALACHIAN : CAMPGROUND, L.L.C., : Defendants : Civil Action - Law ANSWER AND NEW MATTER OBJECTING TO CONTINUANCE AND NOW, this /~ n~day of~f-/~'-~z-- , 2003, comes Wallace and Crone, LLC, assignee of Manufacturers and Traders Trust Company, c/b/a M&T Bank, Successor by merger to Keystone Financial Bank, N.A., f/k/a Financial Trust, (hereinafter '~Vallace and Crone"), by and through its counsel, Laurence T. Himes, Jr., Esquire, and files the within Answer and New Matter Objecting to Continuance, and in support thereof, avers the following: ANSWER 1. Admitted in part and denied in part. It is admitted that the Plaintiff, Whisler's Well Drilling, filed Exceptions to the Distribution of Proceeds from the Sale of Real Property Pursuant to Pa. R.C.P. 3136, regarding the following judgment execution proceeding: "Manufacturers and Traders Trust Company, successor by merger to Keystone Financial Bank, N.A., f/k/a Financial Trust, Plaintiff v. Deer Run Appalachian Campground, L.L.C., Defendant, filed to No. 2002-3474" It is denied that these Exceptions have any relationship to the case filed by Whisler's Well Drilling to Docket No. 03-17. The Motion to Schedule a Hearing was filed to an unrelated term and number involving a separate and distinct case. 2. Denied. It is denied that a hearing must be scheduled to hear argument on the Exceptions as ordered by the Court. The Court Order, specifically, scheduled "an arqument". 3. Denied. After reasonable investigation, objecting party is without sufficient knowledge or information sufficient to form a belief as to the truth of this averment and strict proof thereof is demanded at the trial of this issue. 4. Denied. After reasonable investigation, objecting party is without sufficient knowledge or information sufficient to form a belief as to the truth of this averment and strict proof thereof is demanded at the trial of this issue. 5. Admitted in part and denied in part. It is admitted that Wallace and Crone and Whisler's Well Drilling (the "Parties") were attempting to resolve the pending Exceptions to Distribution, however, as of 2:30 p.m., Wednesday, June 18th, the undersigned, counsel for Wallace and Crone, advised counsel for Whisler's Well Drilling, Kara Haggerty, via voice mail, that no settlement was possible and that the argument should be held as scheduled. 2 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Although Attorney Haggerty spoke with the undersigned counsel for Wallace and Crone, the morning of Wednesday, June 18th, it was made clear to Attorney Haggerty that an objection would be lodged if the case did not settle and a continuance was requested. Attorney Haggerty, at all times pertinent hereto, was aware of the undersigned counsel's objection to the continuance. 10. Admitted. WHEREFORE, Wallace and Crone, LLC respectfully requests that Your Honorable Court proceed with the argument scheduled for June 20th, at 9 a.m. NEW MATTER 11. The allegations and averments contained in paragraphs 1 through 10 of the foregoing Answer are hereby incorporated by reference as if more fully set forth hereinafter. 12. Attorneys Robert Walker and Jeffrey L. Pettit are not opposed to a request for a continuance as a result of the fact that their clients are not involved in the Sheriff's sale proceeding. The Sheriff's sale proceeding involved Manufacturers and Traders, et al., and the Defendant, Deer Run Appalachian Campground, LLC ("Deer Run"), the original owner of the campground premises. Deer Run has not entered any type of exceptions or objections to the Sheriff's sale or the proposed 3 distribution. No other parties are involved in this matter other than Wallace and Crone, LLC, assignee of the bid entered at the Sheriff's sale by Manufacturers and Traders, et al., and Whisler's Well Drilling, the Objector. 13. The motion to schedule hearing filed by Attorney Haggerty and the pending motion for a continuance were filed to the incorrect term and number and have only served to cause confusion with respect to the real issues involved regarding the Exceptions filed to the Sheriff's sale, which deal with the following simple issues: a. The lien priority of a mechanics' lien filed by Whisler's Well Drilling, vis-L-vis the first mortgage and judgment filed by Manufacturers and Trust, et al.; b. discharged by the Sheriff's sale; and c. Whether Whether or not the Whisler's mechanics' lien was there are any remaining proceeds for distribution. 14. As a result of the Exceptions, Wallace and Crone has been subject to an automatic stay and has been unable to obtain the Sheriff's deed to which it is entitled and has been unable to complete mortgage financing regarding purchase of the campground premises. Further delay with respect to this matter is unnecessary and creating a hardship on Wallace and Crone. 15. This matter is scheduled for argument and the issues involved are legal issues which involve no disputed facts. 4 16. in the event that the Court deems that a hearing is necessary, and/or, determines that a continuance is in the best interest in the parties hereto, then, in that event, it is respectfully requested that This Honorable Court remove the pending stay and allow the Sheriff of Cumberland County to deliver a Sheriff's deed to Wallace and Crone, in exchange for the establishment of an escrow account in the amount of $14,000, to be maintained by the Cumberland County Prothonotary until such time as the issues involving the Exceptions are decided. WHEREFORE, it is respectfully requested that This Honorable Court refuse the request for a continuance and hold the argument, as scheduled or, in the alternative, allow Wallace and Crone to receive delivery of the Sheriff's deed presently being held by the Cumberland County Sheriff in exchange for the creation of an escrow account in the amount of $14,000, to be utilized to pay any sums eventually found to be due and owing by Wallace and Crone. By: GRIEST, HIMES, HERROLD, SCHAUMANN LLC Laurence T. Himes, Jr., Esqu' '~-- Attorney for Wallace and Crone Sup. Ct. I.D. #19239 129 East Market Street York, PA 17401 5 WHISLER'S WELL DRILLING, Plaintiff WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT and DEER RUN APPALACHIAN CAMPGROUND, LLC., Defendants : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA : : Docket No. 03.17 : : Jury Trial Demanded ., Civil Action - Law CERTIFICATE OF SERVICE I, Laurence T. Himes, Jr., Esquire, a partner of the I~l~, firm of Griest, Himes, Herrold, Schaumann LLP, do hereby certify that on the L~ day of June, 2003, I served by first class U.S. Mail, postage prepaid, a copy of Answer and New Matter Objecting to Continuance, on the following: Kara W. Haggerty, Esquire Abom& Kutulakis, L.L.P. 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 Counsel for Whisler's Well Drilling Jeffrey L. Pettit, Esquire Phelan, Pettit & Biedrzycki 121 South Broad Street, Suite 1600 Philadelphia, Pennsylvania 19107 Counsel for Defendants, Edmunson, McDonald, Pettit and Deer Run Appalachian Campground, L.L.C. Robert Walker, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 Counsel for Defendant, Christine Richard Brent Somach, Esquire Somach & Wester 1132 Hamilton Street, Suite 201 Allentown, Pennsylvania 18101 By: GRIEST, HIMES, HERROLD, SCHAUMANN LLP Laurence T. Himes, Jr., E-"~quire ~ Supreme Court I.D. #19239 Attorney for Wallace and Crone, LLC VERIFICATION I, LAURENCE T. HIMES, JR., ESQUIRE, do hereby state that I am the attorney for Wallace and Crone, LLC, and that as such I am authorized to make this verification on its behalf and that the facts set forth in the foregoing Answer and New Matter Objecting to Continuance are true and correct to the best of my knowledge, information ~nd belief. This verification is subject to the penalties of 18 PA C.S. ~j4904, relating to unsworn falsification to authorities. GRIEST, HIMES, HERROLD, SCHAUMANN LLP By~ . . Attorney for Wallace and Crone, LLC Sup. Ct. ID #19239 WHISLER'S WELL DRILLING, Plaintiff V. WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT McDONALD, JEFFREY L. PETTIT, and DEER RUN APPALACHIAN : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA DOCKET NO. 03-17 JURY TRIAL DEMANDED CAMPGROUND, L.L.C., CIVIL ACTION - LAW Defendants : MOTION FOR CONTINUANCE AND NOW, this 15th day of August, 2003, comes the Plaintiff, Whisler's Well Drilling, by and through their attorney, Jason P. Kumlakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and avers the following: 1) On or about April 14, 2003, the Plaiiatiff filed Exceptions to the Distribution of Proceeds from the Sale of Real Property pursuant to Pa. R.C.P. 3136 in the above captioned matter. 2) A Hearing is scheduled before This Honorable Court for Tuesday, August 19, 2003, at 11:00AM to hear argument on the Exceptions to Distribution of Proceed from the Sale of Real Property, which was filed by the Plaintiff, Whisler's Well Drilling. 3) Counsel for the Plaintiff, Kara Haggerty, Esquire, is currently out on maternity leave due to prematurely giving birth to her first child on August 8, 2003, and therefore, is unavailable for the scheduled heating date. 4) All other attorneys in the law firm of Aborn & Kutulakis are unavailable due to previously scheduled heatings. 5) Undersigned counsel respectfully requests a continuance of the argument in the above-referenced matter. 6) Undersigned counsel has attempted to contact Robert Walker, Esquire, attorney for Defendant William Christine, however, he has not been able to secure his position on the request for a continuance. 7) Jeffrey L. Pet. tit, Esquire, is not opposed to a request for a continuance. 8) Undersigned counsel has attempted to contact Laurence T. Himes, Jr., Esquire, attorney for the current buyers of the campground; however, he has not been able to secure his position on the request for a continuance. 9) Undersigned counsel has attempted to contact Richard Somach, Esquire; however, he has not been able to secure his position on the request for a continuance. WHEREFORE, the Plaintiff, Whisler's Well Drilling, respectfully requests this Honorable Court grant a continuance in this matter. Respectfully submitted, ABOM & KUTULAKIS, L.L P Jasc/h P. Kutulakis, Esquire 36 3outh Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #80411 VERIFICATION I, Jason P. Kutulakis, Esquire, verify that the statements made in the foregoing Motion for Continuance are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Respectfully submitted, ABOM & KUTULA~S, L.L P g//~/~ JaCn e. ~:u~s, Esq~e D^TE 31~,~outh Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ID #80411 CERTIFICATE OF SERVICE I, Rhonda D. Rudy, hereby certify that I did serve a true and correct copy of the foregoing Motion for Continuance upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, addressed as follows: Jeffrey L. Petfft, Esquire Phelan, Petdt & Biedtxycla' 121 South Broad Street Suite 1600 Philadelphia, PA 19107 Counsel for Defendants, Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit, and Deer Run Appalachian Campground, L.L.C, Robert Walker, Esquire Johnson, DuttYe, Stewart & Wcidner 301 Market Street P. O. Box 109 £emoyne, PA 17043-0109 Counsel for Defendant, William Christine LaurenceHimes, Jr, Esquire Gdcs~Himes, Hec~old, Schaumann, L.L.P. 129E. MarketStreet Yodr, PA17401 Richard Brent Somach, Esquire Somach & llTester 1132 Hamilton Street Suite 201 Allentown, PA 18101 Respectfully submitted, ABOM & KUTULAKIS, L.L.P 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 WHISLER'S WELL DRILLING, Plaintiff/Respondent VS. WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT MCDONALD, JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, L.L.C., Defendants : IN THE COURT OF C. OMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW.~.- 03-17 CIVIL JURY TRIAL DEMANDED WALLACE AND CRONE LLC IN THE COURT OF COMMON PLEAS OF successor by assignment to MANUFACTURERS AND TRADERS TRUST COMPANY, d/b/a M & T BANK, Successor by merger to KEYSTONE FINANCIAL: BANK, N.A., f/k/a FINANCIAL TRUST, Plaintiff/Petitioner VS. DEER RUN APPALACHIAN CAMPGROUND, LLC, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : 02-3474 CIVIL : WRIT OF EXECUTION IN RE: EXCEPTIONS TO DISTRIBUTION OF PROCEEDS OF WHISLER'S WELL DRILLING ORDER AND NOW, this z g ~ day of August, 2003, following argument thereon, the exceptions of Whisler's Well Drilling to the distribution of proceeds is DISMISSED. BY THE COURT, Kara Haggerty, Esquire For Whisler's Well Drilling Robert Walker, Esquire For William Christine Jeffrey L. Pettit, Esquire For Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit and Deer Run Appalachian Campground LLC Laurence Himes, Jr., Esquire For Wallace and Crone LLC Richard Brent Somach, Esquire :rim