HomeMy WebLinkAbout98-06543
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JEFFREY e. HOLLINGER Vd/b/a,
J.e. HOLLINGER EXCA V AnON,
Plaintiff,
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
: COUNTY, PENNSYLVANIA
v.
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.
: NO.:
PAUL M. WINER AND SUSAN C.
WINER,
Defendants.
ACTION TO OBTAIN JUDGMENT UPON MECHANICS LIEN CLAIM
AND NOW, comes the Plaintiff, Jeffrey e. Hollinger t/ d/b/ a J.e.
Hollinger Excavating, who files the following Complaint to foreclose a
Mechanics Lien Claim of which the following is a statement:
1. Plaintiff is Jeffrey e. Hollinger, an adult individual, t/ d/b/ a J.e.
Hollinger Excavating with an address of 307 Mollie Drive, Harrisburg,
Pennsylvania 17112.
2. Defendants are, Paul M. Winer and Susan C. Winer with an address
of 543 Harvest Lane, Mechanicsburg, Pennsylvania 17055.
3. The Mechanics Lien Claim was filed by Plaintiff as subcontractor to
Don Wheatley t/d/b/a D & K Quality Homes of5South Locust Lane,
Mechanicsburg, PA 17055.
4. A copy of the Mechanics Lien Claim docketed to number 98-6543
M.L.D. as filed in the Prothonotary's Office of the Court of Common Pleas of
Cumberland County is attached hereto as Exhibit" A".
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47094.1
EXHIBIT If~ IJIJ
CLAIM BY SUBCONTRACTOR
J.e. HOLLINGER EXCA VA TING,
Claimant,
v.
c.P. No.
PAUL M. WINER AND Sl,;SAN C.
WINER, Owners, AND
D & K QUALITY HOMES, Contractor, :
Respondents,
19
No. 'i';.~s-l" M.L.D.
J.e. Hollinger Excavating, of Lower Paxton Township, Dauphin County,
Pennsylvania, carrying on business at 307 Mollie Drive, Harrisburg,
Pennsylvania, files this Claim for the sum of Five Thousand Seventeen and
50/100 Dollars ($5,017.50), together with interest from July 17, 1998, and costs
against Paul M. Winer and Susan C. Winer, Owners, and against all that lo"!
situated in Upper Allen Township, Cumberland County, Pennsylvania, known
as 543 Harvest Lane, Pennsylvania, more specifically described on the legal
description attached as Exhibit" A" and made a part hereof, for excavating
services for the construction of a residential house and makes the following
statement of its demand:
1. The name of the Claimant is J.c. Hollinger Excavating, and it files
this Claim as subcontractor.
2. The names of the Owners of said property at the time of the
excavating services and the attaching of the lien therefor is the aforesaid Paul M.
Winer and Susan C. Winer, and their primary residence is located at 605 Park
Ridge Drive, Mechanicsburg, PelUlSylvania 17055.
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Commonwealth of Pennsylvania
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County of
55,
<~~
I. the l1nder~igned, the Owner of the Claimant named in the foregoing
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mechanic's lien claim, being duly sworn according to law, depo~es and says that
all the facts therein sel forth are true so far as they are within his knowledge and
so far as they are derived from information obtained from others; that he has
made careful inquiry as to the truth Ihereof, and as a result of such examination
and inquiry he believes them to be true, and expects to be able to prove the same
upon the trial of this case.
41917.1
By: ~Cf~
! ey C. Hollin r, Owner of
J.e. Hollinger Excavating
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Exhibit "A"
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Tax "a:eel 110. '/;),,;,,).'-/-071J-/:J/
THIS DEED,
MADE THE
5th cay of .1une 1n the year one tho\Jsan~
nine hund~ed ninety-eight (lS58)
R05ERT L. SLACLE end SUShN DERE~ER SLAGLE, hucbend
and wife, of Carli~le, Cu~berland County, Pennsyl-
vania,
BETWEEN
G~antors ,
antI
?~UL M. W!~ER and SUSAN C. WINER, h~sband and
vite, o~ Xech~nic~~~=g, C~~e=land County, ?enn-
sylvania,
Grantees:
lYITNESSETIl, ~~a't in cc,.,side:,e~ion c: :orty-!ive Tho\:sand Nine
;.,und:ed end 00/100 Dolla"s ($~5,SOO.OO), in hand paid, ::he
recei?~ whe~e=! is hereby ackno~~ed~ed, ~hs said Gran~ors do
hc~c~y 9r~~~ and convey ~o ~he said G=a~~ee~, their heirs and
~ssl~:;.s:
ALL ~~hT CERTAIN ?iece c= parcel c~ land si~uate in Up?e~ Allen
To~~s~i?1 Cu:be~land Co~nty, ?e~~sylvani!, bo~nded and described
QS fellows, to ~i~:
~~C!NS!N~ ~~ a point on th~ no=thern cedi=a~ed right-of-way line
of Ha~ezt ~ne, said pci~t b~in; en the boundary line o! Lo:
Nos. 2-1 a~~ 2-2 O~ thG herei~a!t2~ menti:ned ?lan o! ~ots;
t.he;'l.:e alcng G~id '::ounc;1ry line ~or~h JJ c.egrees ~l minutes 00
sec:::n:s \;eso:, t.....o h..:md=cc. se....QntGa:1 and t....enty-Giq~"= o;-:e-
hUild=c~~hs (217.:ca) fGet to eo pO:':1':: thence Nor1:.h 55 C:egrees 2~
~inutes 53 _econ~s E~st, =r.e hu;-:~~ed t~en~y-~~o end ti~ty-cne
cne-h~nd=edt~s (122.51) ~eet to a ?oint on ~he yestern cedic~ted
=ight.-of-.....ay line of Ha:-vest La:-:e: 'thence along san.a South 33
degree; ~l ~inutes 00 :aconcs ~~s~, two h~nd=ed seven and twenty-
cne ~und=ec~~s (207.21) fe~t ~o a p~in~i thence continuing along
same en a c~=Ve to ~he rig~t having a radi~s o~ :~elve (12) !eet,
an arc len;~~ o~ eightee~ ~nd eighty-five one-hund:edths (18.85)
feet to u ?O:~~ C~ ~r.e ~c=the~~ ced:c~te~ ~ight-c:-~ay line cf
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PO ~\lmber
Terms
Project
10 Da,'s
\o"hep.tley HU'h!S
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~"\tl\nti t). Description ~a\.p Amount ;
-;
!.o"b~r Equi;'lmc::t. To Job Site j/5/98 - ~-\~t>;clJ". .. :.t.'::.- ...:-i
"7:.,,~~':.H' ........r_':"f":::
S S~ckho.~ ci; :"o~ i:s 7/5/98 !:'.OO 3'.;O.'JO
BackhoC' dig !"c::::s 7/7/98 .\:;.00 180.00
5 S"d:hoe i /8/9<. ,j:,.OI) 270.00
Eq\.1ir=~nt ?'ent?l for job 300. ')0 300.00
l' E:\ckhc~ 7/9/~?o .1:-.00 350. ,)0
Eq~h.'m,::,nt:. R-e~t:d f':lr ';<'0 300.00 30e.tlO
. B~c~.h....'\f' 7/l0iE' ';:,.00 360.,10
::qU!p:':E'!:t il~nl"l for job 30('. JO 300.00
; Bad:hc~ i/13/:'P 01:..00 3H.')0
E'=tUlpment ?ent~l for j':lb 30(:.(00 301).:)0
, 3~t:~.h~H'. ;/1.\/~" .i:..01) ~50..)0
E~:l: :':::e:~t R::-n...n: :cr ,job ';(1.'. ')0 30). 'JO
~ ?.a~~.hnE' i/15i:?f 'i:~. ou 3li1J.OO
:~~lii"m~r.t p.~,~t~~ for .1":):' 3C'l.00 300.00
S 0.,,.\ h,.-&> .." - .O~ ~'-" 00 ;.S!..~. 00
.......... ..-.- ,. .. '0/....
E~uip::l~nt. Re::t:~! 10:- jo':l 300.'"
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CLAIM BY SUBCONTRACTOR
J.e. HOLLINGER EXCA V A TING,
Claimant,
v.
e.P.No.
PAUL M. WINER AND SUSAN C.
WINER, Owners, AND
D & K QUALITY HOMES, Contractor, :
Respondents,
1'1
No. !11 , t.'i"t.:I M.L.D. "Tl-v..-
J.e. Hollinger Excavating, of Lower Paxton Township, Dauphin County,
Pennsylvania, carrying on business at 307 Mollie Drive, Harrisburg,
Pennsylvania, files this Claim for the sum of Five Thousand Seventeen and
50/100 Dollars ($5,017.50), together with interest from July 17, 1998, and costs
against Paul M. Winer and Susan e. Winer, Owners, and against all that lot
situated in Upper Allen Township, Cumberland County, Pennsylvania, known
as 543 Harvest Lane, PeIU1sylvania, more specifically described on the legal
description attached as Exhibit U AU and made a part hereof, for excavating
services for the construction of a residential house and makes the following
statement of its demand:
1. The name of the Claimant is J.e. Hollinger Excavating, and it files
this Claim as subcontractor.
2. The names of the Owners of said property at the time of the
excavating services and the attaching of the lien therefor is the aforesaid Paul M.
Winer and Susan e. Winer, and their primary residence is located at 605 Park
Ridge Drive, Mechanicsburg, Pennsylvania 17055.
3. The date of completion of the Claimant's work W.1S July 17, 1998.
4. The kind and character of the materials furnished and services
rendered by Ihe Claimant and the prices char~ed therefor are allached and
incorporated herein as Exhibit" Ll".
5. The amount claimed to be due is Five 'nlOusand Seventeen and
50/100 Dollars ($5,017.50).
6. The excavation on :;aid property for the erection of a residential
building were according to a certain oral contract between D & K Quality
Homes, and the Claimant, entered into in July of 1998.
7. The excavation services performed by the Claimant to the Owners'
property and the said Five Thousand Sevenleen and 50/100 Dollars ($5,017.50) is
the balance due on the contract price as agreed upon by said D & K Quality
Homes, and the Claimant for the excavation services at the request of said
Owners and furnished to and supplied for and towards the erection of a
residential house continuously from July 6, 1998, to July 17, 1998, inclusive, in
accordance with and in fulfillment of the said contract. The lien is against the fee
and is claimed from July 6, 1998.
8. The Claimant has made repeated requests of said D & K Quality
Homes, for the payment to it of the said balance of Five Thousand Seventeen and
50/100 Dollars ($5,017.50) due it on said contract, which requests said D & K
Quality Homes have ignored and refused to comply with. The Claimant has also
served a written notice on said Paul M. Winer and Susan C. Winer, the Owners
2
of the said premises, dated and delivered Octuber 17, 1998, advising them that if
the aforesaid balance uf Five Thousand Seventeen and 50/100 Dollars ($5,017.50)
was not paid to it within Ihirty (30) days after the notice was served a mechanic's
lien would be filed against the said Owners and the premises aforesaid.
9. The total sum to be paid to the said Claimant by the said Owners,
under the terms of the said contract up to and indudingJuly 17, 1998, for the
performance of materials supplied Five Thousand Seventeen and 50/100 Dollars
($5,017.50). There has been no payment on account thereuf the sum of Five
Thousand Seventeen and 50/100 Dollars ($5,017.50) and the full amount of the
balance, Five Thousand Seventeen and 50/100 Dollars ($5,017.50), is still justly
and legally due and owing to the Claimant.
The Claimant therefore claims to have a lien upon the said real estate as
hereinbefore described for the amount of the Claim, the balance now due, the
said sum of Five Thousand Seventeen and 50/100 Dollars ($5,017.50), from the
17th day of July, 1998, according to the acts of assembly in such cases made and
provided.
J.e. Hollinger Excavating
By:
41917.1
3
Commonwcalth of Pcnnsylvania
55.
County of
I, thc undcrsigncd, thc Owncr of thc Claimant namcd inthc forcgoing
mechanic's lien claim, being duly sworn according 10 law, dcposcs and says that
all the facts therein set forth are truc so far as thcy arc within his knowledge and
so far as they are dcrived from information obtaincd from others; that he has
made careful inquiry as to the truth thereof, and as a result of such examination
and inquiry he believes them to be true, and expects to be ablc to prove the same
upon the trial of this case.
By:
41917.1
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Exhibit "A"
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Sgp-11-98 Cl:4b~ cWn~r'~1 II'pLt~dU~L".SCL
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'98 JUL i5 ilfllD '/7
TalC Parcel No. '1;;'~),<I-079,}-I;;1
TI-IIS DEED,
MADE THE
5th day of June 1n the year one thousand
nine hund~ed ninety-ei9ht (199B)
BETII'EEN
ROBERT L. SLACLE and SUSAN DEREMER SLACLE, husband
and wife, of Carli~le, cumberland County, Pannsyl-
vania,
Grantors,
antI
"AUL M. WINER and SU51<N C. \lINER, husband and
wife, ot Mech~nicsburg, CUmberland County, ?enn-
sylvania,
Grantees:
IYITNESSETIT, that in consideration 0: :orty-!1ve Thousand Nine
Hundred and 00/100 Dollars ($<5,900.00), 1n hand paid, the
receipt whe~eof is hereby ackno~ledged, the said Grantors do
hereby 9ran~ and convey to the said Gran~ees, their heirs and
assiC;:1s:
ALL ~HAT CERTAIN piece 0= parcel o! land si~uate in Upper Allen
Township, Cc~berland County, Pennsylvania, bounded and described
as follows, to wit:
~EC!NNING n~ n polnt on th~ northern dedicated right-of-way line
of Ha=VB~t Lane, said point being on the boundary line at Let
Nos. 2-1 and 2-2 on the he~eina!ter ~entioned plan or ~ots;
thence along Gaid. boundary line. l'orth 33 degrees 41 minutes 00
seconcs Wes~, t~o hund=cc sQvantaan and twenty-oight one-
hundredths (217.28) feet to a point: thence North 55 ~e9rees 2~
minutes SJ ~econds &a6t, one hu~~red twenty-two and fifty-one
one-hundredths [122.51) :eet to a point on the western dedicated
right-of-....ay linG of Harvest Lane: thence along sarna South 33
degrees ~l minutes 00 seconds East, two hundred saven and twanty-
one hundred~s (207.21) feet to a point; thence continuing alonq
same en a C~rVe to the right havin9 a radius 0: twelve (12) feet,
an arc leng<:h o~ eighteen and eighty-five one-hundredths (18.85)
feet to a point on the northern dediceted right-of-way line of
",.uc.
) ~'5.t
~;CiTp-ll.VIJ Ol!49P cgnt.r"d l~pd.du:at..r,,"Cl.
I J, I.. iC...;)U-G:,.J~;.J
,...u~
Harve5t Lanej thgnce along samQ South 56 degrees 19 minutes 00
seconds we.t. one h~ndred ten and fifty one-hundredths (110.50)
feet to 0 point nn the northern dedicated right-of-vay line of
Har-'ost ~ne, the plece of S~GINNINC.
5~ING Lo~ No. 2-1, on the Final SUbdivision Plan for Dear Haven
?haSB II, said plan beinq recordgd in thQ CUmberland County
Recorder of Deed. Office in plan ~ook 72, Page 101.
OE!NC part of the same preRises vhich Robert L. Slagle end Hilda
J. Slagle, by deed dated npril 3, 1990 and recorded in the
cu~berland county Recorder of Deeds Office in Deed sook "M",
Volume 34, Page 1017, granted and conveyed unto Robert L. Slagle,
the Grantor herain. The said Robert L. Sl~glQ is intermarried
~ith susen Dcre~e~ Slagle who joins in this conveyance.
UNDER AND SUllJE:CT, NEVERTIIELESS. to the Declaration of
Rcs~rlctivg covenants dated August 5, 1996 and recorded August
13. 1996 in the cumberland county Recorder of Deeds Office in
XiscallaneouG Book 527, Page 7~7, and ~o the Amended Declaration
of ~estric~ive covenants dated October 1, 1996 and recorded
November 18, 1996 in the cu~ber1and county Recorder or Deeds
c!!ice in HiscQ21aneous Book 535, pago 1, and to the Further
^~ended Declaration of Restrictive covenants dated
1597 and recorded November 14. 19~7 in the cu~berland'county
Reco~der of Deed~ Office in Miscellaneous Deok 562, Page 60.
AND the said Gran::ors here!>: covenant and agree that they will
warrant s?ecially the pro?erty hereby conveyed.
TN WitNESS WIIEREOF, said Grentors have
end seals the day and year first abo
set their hands
Slp.J.~...ld.lldl)cll,,",J
"J; r~-:~, ~ (/.
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/. ~ ROB~ L.
/~'H.:tf:" _' '(f./--- /:~t{,;.
,/ SUSAN D~REMER
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(SEAL)
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co~ONWEALTH Of PENNS~LVAN!A
55.
COUNTr OF CUMBERLAND
On this, the 51~day of ::::S~~ ,2.996, be foro "'0,
the underslqnod officer, personally appeared ROBERT L, SLAGLE and
SUSAN DEREMER SLACLE, kno~n to me (or sati.factorily provon) to
be the persons whoSQ n8Qes are subscribB~ to the wi~hin instru-
",ent, and ackno~ledqed that they executed the same for the
purposes therein containod. .
IN WITNESS WHEREOF, I hereunto set lilY hand and
seal_
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NOI.Il;aI5C:l1
JIDMi, y, J"'It:~L''ll. Nollry p...ok
HampO.:l Twp.. c.:..n':l,,'l~ Ccu.'\tr
Mytommluion f.,.',)~Aug. 30,15;;
Miiir.~I,reUll:jjVjji..fU,lIlLlllNllCllHCIl1n..
e
I do hereby certify th.t the
post office address of the ~ithin
rvo.s PAf'-k ~;~.. D" .
M~~~,fl:\ \iOS.:>
, 199B
p~eci&e residence and comp~eta
named grantees is
(~~n~
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COY.HONWEALTH OF PENNSYLVANIA
55.
COUN~~ OF cCMBERLAND
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se.i COU:1~Y, in
.
Deed
RECORDED on this l S" day' of
19 G~'-. in the Recorder's Office of the
Boo;r-/~I ,Page '-1~'3 '
Given under my hand and the seal of the said o!ticG, the
due .~l>.~e"ji~tten.
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Terms
Project
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10 Days
Description
Lo\:by Equi;-lIl1c::: To ,100 Site ;/6/98
~ B:;.ckhc'l".! -.::i; :-C~l:S ,/5/98'
i Backhoc' di; !"t.,.;;s ;1;/98
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3. The claim of thl' Plaintiff in Jeffrey C. Hollinger tl d/bl a J. C. Hollinger
Excavation \'. Paul M. Winer and Susan C. \'Viller, No. 98-6543 MLD is 55017.50. The
claim for seloff hy the Defendants Paul M. Winer and Susan C. Winer is unliquidated.
4. 'The claim (If the Plaintiff in Jeffrey c. Hollinger tl d/bl a J. C. Hollinger
Exca\'ation v. Donald A. Wheatley tjd/b/a D & K Quality Homes, No. 99-3249 Civil is
55,667.50. There is no counterclaim or setoff asserted in this action.
5. There are no members of the Cumberland County Bar other than Glenn R.
Davis, Esq. and Douglas C. Yohe Esq. of LA TSHA DAVIS & YOHE, P.c. having an
interest in the cases as counselor are othem'ise disqualified to sit as arbitrators.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three
arbitrators to whom the case shall be submitted.
Respectfully Submitted,
Date:
'7/~'''' I[,{:
C / .J. II', /
LA TSHA ])M!IS & YOHE, P.c.
(/~)-~/ / J-
By .~.}fl /ffr
Jonathan M. Crist, Esq.
AHbrne\' 1. D. No. 29936
, / .
'.-/P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for the Plaintiff
49081
JEFFREY e. HOLLINGER Vd/b/a
J.e. HOLLINGER EXCAVATIOr-:,
Plaintiff,
: J~ THE COURT or COMMON
: PLEAS 01' CUMIl[J{LA.'\D
: cou!'ry, I'E:'I:NS\'lVA:-';IA
\'.
: NO.: 99.3249 Ch'i1
DONALD A. WHEATLEY Vd/b/a
D & K QUALITY HOMES,
Defendants.
: CIVIL ACTIO:-';, LAW
********************.***WW~~JJJ~JAAJ~~~~.J~A***...**~."'*~****~~~~R.~~A**********~******
JEFFREYe. HOLLINGER Vd/b/a,
J.e. HOLLINGER EXCAVATION,
Plaintiff,
: IN THE COURT OF COMMON
: PLEAS OF CUMIlERLASD
: COU!\"TY, PENNSYLVA.>.:IA
)
: NO.: 98-6543 MLD
\'.
PAUL M. WINER AND SUSAN e.
WINER,
Defendants.
ORDER
AND NOW, ,~ 14.3 .1999, in consideration of the foregoing petition,
~/~q,~Uk'-!E,q, J"t ;JI>~""
appointed arbitrators in the above-captioned action as prayed for.
By the Court,
/"
49081
JEFFnEY e. 1I0LI.INGER Vd/b/.l
J.e. HOLLINGER EXCAVATION,
Plaintiff,
: IN TilE COURT OF COMMON
: PLEAS OF CUMBERLAND
: COU!\'TY, PENNSYLVANIA
\'.
: NO.: 99,3249 Ch.n
DONALD A. ....'HEA TLEY Vd/b/a
D &: K QUALITY HOMES,
Defendants.
: CIVIL ACTION - LAW
****************~*****~***..*******...*~**********~****.***.*********~*************.*********
JEFFREY e. HOLLlNGER Vd/b/a,
J.e. HOLLlNGER EXCAVATION,
Plaintiff, ,
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
: COU!\'TY, PENNSYLVANIA
\'.
: NO.: 9&-6543 MLD
PAUL M. WINER AND SUSAN e.
WINER,
Defendants.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Reply
to New Matter and Setoff has been served by first-class United States mail, postage prepaid,
upon the following:
George E. MacDonald, Esquire
Kagen, MacDonald &: France, P.c.
2675 Eastern Boulevard
York, PA 17402
Donald A. \'Vheatley, Owner
D &: K Quality Homes
5 South Locust Lane
Mechanicsburg, P
('
Dated:
D7/?-7 /90
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!~athan M. Crist
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Quality Homes, or as a sub-subcontractor to the excavating subcontractor on the job, C.
J. Hollinger Excavating.
4.
On or about November 17.1998, Claimant filed a Mechanic's Lien Claim with the
Prothonotary of Cumberland County in the face amount of $5,017.50 arising from the
performance of work on the property by Claimant.
5.
While Defendants intend to vehemently oppose the entitlement of Claimant to a
mechanic's lien or other remedies against them under applicable Pennsylvania law,
Defendants have elected to discharge the lien by the filing of appropriate security with this
Honorable Court pursuant to Section 1510 of the Mechanics' Lien Law of 1963. 49 P.S.
~ 1510.
6.
Pursuant to 49 P.S. ~ 1510, Defendants propose to substitute a surety bond in the
face amount of $10,035.00, which is two hundred percent (200%) of the face amount of
the Claimant's claim, as security for the discharge of the mechanic's lien claim. A true and
correct copy ofthe proposed su,ety bond is attached hereto as EXHIBIT "A".
7.
Pursuant to C.C.R.P. Rule 206.2, Counsel for Petitioner hereby avers that he has
sought and obtained the concurrence of counsel for Claimant with respect to substitution
of the proposed surety bond in place of the mechanic's lien. A true and correct copy of
correspondence, dated April 29, 1999, from Jonathan M. Crist, Esq., counsel for the
Claimant, evidencing such concurrence is attached hereto as EXHIBIT "B".
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8.
Defendants hereby petition this Honorable Courtto enter an order, a proposed copy
of which Is submitted herewith, discharging the mechanic's lien of Claimant and directing
the Prothonotary to accept the proposed surety bond as security for discharge of the lien.
WHEREFORE, Petitioner respectfully requests: (i) that the mechanic's lien of
Jeffrey C. Hollinger. Ud/b/a J. C. Hollinger Excavation be discharged upon the filing of the
attached surety bond, and (ii) that the Prothonotary be directed to accept the attached
1";
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Respectfully submitted,
surety bond as appropriate security to discharge the lien.
KAGEN, MacDONALD & FRANCE, P.C.
~~
j
,
George E. MacDonald, Esq.
2675 Eastern Boulevard
York PA 17402
(717) 757-4565
Attorney ID No. 28007
ATTORNEY FOR DEFENDANTS
Paul M. Winer and Susan C. Winer
.,
-!:~i
0'.
Dated: (,. \81'1'\
BOND TO DISCHARGE
MECHANIC'S LIEN
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hanford, Connecticut 06115
Bond No. 57 S 103166703 BCM
KNOW ALL MEN BY THESE PRESENTS, That we, Paul M. and Susan C. Winer and D & K Quality
Homes, as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford,
Connecticut, with an office and usual place of business al5001 Louise Drive, Mechanicsburg, PA 17055, as
Surety, are held and firmly bound unto the Clerk of Cumberland County, PA in the sum of Ten Thousand
Thirty Five and 00/100 ($10,035.00), lawful money of the United States, for which payment well and truly to
be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents,
SIGNED and SEALED this 19th day March of 1999.
WHEREAS, on 11/17/98 J. C. HOllinger Excavating, caused to be filed in the office of the
P,othonotary of the County of Cumberland a Mechanic's Lien Claim docketed to 98-6543 in the sum of Five
Thousand Sevenleen and 00/100 ($5,017.00), against
Paul M. and Susan C. Winer and D & K Quality Homes
;, .",.
WHEREAS, said Principal desires to discharge said lien or claim pursuant to the Lien Law of the
Commonwealth of Pennsylvania; and
WHEREAS, by an order of the Court of Common Pleas, Cumberland County, PA duiy entered in the
office of the Prothonotary of the County of Cumberland, on the 16th day of December the amount of an
undertaking to be executed for the purpose of discharging said lien was fixed at the sum of Ten Thousand
Thirty Five and 00/100 ($10,035.00).
NOW, THEREFORE, the condition of this obligation is such that if the above bounden Paul M. and
Susan C. Winer and D & K Quality Homes, executors, administrators, successors and assigns shall well and
truly pay any jUdgment which may be rendered in an action for the enforcement of said lien, not exceeding
the sum of Ten Thousand Thirty Five and 00/100 ($10,035.00), then this obligation to be void; otherwise to
,emain in full force and effect.
By:
"-1, ~
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
By: C\ n. t.t_)", .
~~~~Ch, Attorney-in-Fact
TRA VELERS CASUAJ.T\' AND SURETI' COMPANY OF AJlIEIUC
".<if.rd, C.nncctitul OG183,90(
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-lN-fACT
KNOW ALL MEN BY THESE PRESENTS, TflAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
corporation duly organized under the laws of the State of Connecticut, and having ils principal office In the City of Hartfo"
County of Harlfortf, Stale of Connectlcul, hath made, constituted and appointed, and docs by these presents make
conslllute and appoint Millon D. Lytle, Ronald C. Kln5ey. Mar\( E. Farina, Dana S. Leach, Jane Seine" Dorothy E. Trerz
Allison A. Duplak, Nancy C. Karns, Catherine L. Hamilton, Sand,a L. Readinger, Thomas R. He,endeen, Forresl L. Stracha,
or Bunny C. Burman' .
of KIng of Prussia; Mechlcsburg, PA Its true and lawful Allomey(s).ln-Fact, with full power and authority hereby conferred I<
sign, execute and acknowledge, at any place wlthln the United States, 0', If the following line be mled In, within Ihe arc:
the,e designated , Ihe followlng Instrument(s):
by hlslher sole signature and act, nny and all bonds, recognizances, contracts of Indemnity, and other writings obligatory ir
the nalu,e of a bend, ,ecognlzance, or conditional undertaking and any and all consents Incldentlhereto
and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby as fully and to the same
extent as If tho same were signed by the duly aothorized officers of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, and all the acts of said Attomey(s)-In-Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This appointment Is made under and by authority of the following Standing Resolution~ of said Company, which Resolutions
a,e now In full force and effect: .' .,.
VOTED: That each of Ihe following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any
Group Executive, Any Senior Vice President, Any Vice P,esident, Any Assistant Vice Presldenl, Any Secretary, Any
Assistant Secrelary, may f,om time to lime appoint Resident Vice Presidenls, Resident Assistanl Secretaries, Attomeys-In-
Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate
of authority may prescribe to sign with Ihe Company's name and seal with the Company's seal bonds, recognizances,
cont,acts of Indemnity, and other writings obligatory in the nature of 0 bond, recognizance, or conditional undertaklng, and
any of said officers or the Boartf of Directors may at any time remove any such appointee and revoke the power and
~uthority given him or her.
VOTED: That any bond, recognizance, cont,act of Indemnity, or writing obligatory in the nature of 0 bond, recognizance, or
conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman,
Ihe President, on Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice
President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident
Vice President, and duly attested and scaled with the company's seal by a Secretary or Assistant Secretary or by a Resident
Assistant Secretary, pursuant to the power prescribed In the ccrlificate of authority of such Resident Assistant Secretary; or
(b) duly executed (under seal, If required) by one or more Attorneys-In-Fact pursuant to the power prescribed in his or Ihel,
certificate ~r cerlificates of authority. .
This Power of Attorney and Cerlincate of Authority is signed and sealed by facsimile under and by authority of the
following Standing Resolution voted by the Board of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, which Resolution is now in full force and effect:
VOT.ED: That the slgnatu,e of each of the fallowing officers: Chairman, Vice Chalnnan, President, Any Executive Vice
PreSident, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any
Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to
any certificate relating thereto appointing Resident Vice Presidenls, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature Ihereof, and any
such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the
C.oo:pany and any such power so executed and certified by such facsimile signatu,e and facsimile seal shall be valid and
binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
(ovor)
EXHIBIT B
!AT SHA DAVIS
& YOHE, PC.
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ATTORNEYS AT LAW
I'l.b\S1,IIEI'I.\'Tll
Harrisburg
April 29, 1999
:\Jllld.l.lUll"" ',\')
'o;-.:c..\tlJ
'''SJ.lX:
VIA FACSIMILE (755-4708)
AND FIRST- CLASS MAIL
George E. MacDonald, Esq.
KAGEN, MACDONALD, &
FRANCE, P.e.
2675 Eastern Boulevard
York, PA 17402
. ~ .',.
RE: T.e. Hollinger Excavation v. Mr. and Mrs. Paul M. Winer
Docket No.: 98-6543M.L.D. (Cumberland County)
Your File No.: WlNP6722
Our File No.: 153,98
Dear George:
I have reviewed the proposed changes to Bond No. 57S103166703BCM and find the
same to be acceptable.
As I indicated in our discussion, I am uncertain how these matters are handled in
Cumberland County. Section 1510 of the Mechanics Lien Law allows the substitution of
security and discharge of the lien upon petition to the court. As council for J.e. Hollinger
Excavation, we have no objection to the substitution of the bond in place of the lien as long as
the bond remains in place until a final disposition of the claim. This letter will serve as our
concurrence in a motion to substitute security.
1\1';{ Oflke HI).'( 8!5 . H:lrn~hllrg-, PA lileS-OS!;
4720 01,1 G..:tty~hlrg R{I:d, Suile 101 . ~Icch.mi(~htlr).! PA I il';; . (717) 761.\8..,0 . FAX (71 i) 761-2286
7 (ire.ll V:lllcy I"lfkw:\v, Suit\! 221 . ~\.\l\'l'rn, P,,\ 193)i . (610) 2il.69S';. FAX (61C) 407.9265
3CCC AtriulI1 \\'.I~', Suit\! 2';\ . ~h, Llllrd,;-':J ~':-;~'i4. (6~'9) 211.';)';1. FAX (609) 2i3.6913
:-.t.lr}bn.t Td\!l'h\lfl\!: (410) 727.2810
Geor/:e E. M~cDon~ld, Esq.
^pril29, 1999
l'~ge 2
We have recommended to the c1ientth.lt we proceed on ~ Iwo prong I~CI: (i) to file ~n
~ction on the Mech~J1ics Lien; ~nd (ii) to .llso file ~g~inst Wlll'~t1ey /D&K Homes in a
sep~r~te collection proceeding. The Iwo m~lters could II",n\", cons(llid~ted for iI Iwaring
before a Board of Arbitrators in Cumberland County.
I will keep YOll informed as to developments.
'.
Y yours,
}MC:bap
" ,',.
4685\.1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JEFFREY C. HOLLINGER,
Vd/b/a J.C. HOLLINGER EXCAVATION,
Plaintiff
vs.
: NO. 98.6543 M.L.D. Term
PAUL M. WINER and SUSAN C. WINER,
Defendants
NOTICE TO DEFEND
To: Don Wheatley d/b/a
D & K Quality Homes
5 South Locust Lane
Mechanicsburg, PA 17055
You are hereby notified that an action has been commenced against Mr. and Mrs. Paul
M. Winer in the Court of Cumberland County, Pennsylvania by Jeffrey C. Hollinger,
Vd/b/a J.C. Hollinger Excavation to enforce a lien on the property owned by Mr. and
Mrs. Winer and situate at 543 Harvest Lane, Mechanicsburg, Pennsylvania.
The Mechanic's Lien is claimed in the amount of $5,017.50 for performance of
excavation, labor and services by Mr. Hollinger in connection with the construction of a
home on the property pursuant to your contact with Mr. and Mrs. Winer.
You are further notified that pursuant to Section 1602 of the Mechanic's Lien Law of
1963 unless you undertake to defend the said Mechanic's Lien claim or secure Mr. and
Mrs. Winer against the claim as provided in Section 1603 of said law, Mr. and Mrs.
Winer may avail themselves of the remedies provided in Section 1604 of said law
including:
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:.
1.
2.
Paying the claim of the sub-contractor and proceeding against the
contractor for the amount thereof; or
Undertaking the defense of the said claim in which case you will be
responsible for all costs, expense an charges i red in such defense.
:).
au M. Winer and Susan C. Winer by
Kagen, MacDonald & France, P.C.
George E. MacDonald, Esquire
''!-
it
-~I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
JEFFREY C. HOLLINGER,
IId/b/a J. C. HOLLINGER EXCAVATION,
Plaintiff
v.
NO. 98-6543 M.L.D. Term
PAUL M. WINER and SUSAN C. WINER,
Defendants
CERTIFICATE OF SERVICE
And now, this 28lh day of June, 1999, I, George E, MacDonald, of the law firm of
Kagen, MacDonald & France, P.C., attorneys for Plaintiff, Paul M. Winer and Susan C.
Winer, hereby certify that I have this day served a copy of the Notice to Defend by
depositing the same in the United States Mail, postage prepaid, at York, Pennsylvania,
addressed to:
Don Wheatley d/b/a
D & K Quality Homes
5 South Locust Lane
Mechanicsbu,g, PA 17055
KAGEN, MAC DONALD & FRANCE, P.C.
By: ~~ ~fY--U
/ George E. MacDonald, Esquire
2675 Eastern Boulevard
York, PA 17402
Supreme Court 1.0. 28007
r:J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION. LAW
JEFFREY C. HOLLINGER,
tJd/b/a J, C. HOLLINGER EXCAVATION,
Plaintiff
v.
NO. 98.6543 M.L.D. Term
PAUL M. WINER and SUSAN C. WINER,
Defendants
I'
I
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 the Court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE
MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD 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
Telephone: (717) 249-3166
il
f'
,
-J
8.
On or about July 6, 1998, the Excavating Subcontractor reported to the Builder that
he had discovered ,ock on the property at the exact location where the foundation hole
was to be dug. The Excavating Subcontractor further reported that he was hi,ing his son,
Jeffrey C. Hollinger, Plaintiff herein, to assist in the removal of the rock, because of his (J.
C. Hollinger's) yea,s of experience and expertise in excavation and rock r~moval.
9.
At no time, did Defendants enter into any contractual relationship with Plaintiff or
otherwise authorize Plaintiff to perform any work on the job site.
10.
At no time, did the Builder enter into any contractual relationship with Plaintiffforthe
performance of work on the job site.
11.
All work performed by Plaintiff on the job site was at the request of Plaintiffs father,
Charles J. Hollinger, a subcontractor on the job.
12.
Plaintiff Is neither a subcontractor nor a contractor as those terms are defined In 49
P.S. 1201; accordingly, pursuant to the provisions of 49 P.S. 1303(a), Plaintiff is barred
from filing or enforcing any mechanic's lien claim with respect to Defendant's property.
Setoff Arislna From Defective Performance
13.
On or about July 7, 1998, Plaintiff and his father, the Excavating Subcontractor,
determinod to attempt to remove the rock on Defendants' property by using a hydraulic
hammer to break the rock vein apart into pieces that could be removed by a backhoe and
loader.
14.
From July 10 through July 15, 1998, while the Builder was on vacation, Plaintiff
continued to attempt to split the rock vein using the hydraulic hammer. All Plaintiffs efforts
to remove the ,ock proved fruitless.
15.
Neither the Excavating Subcontractor nor the Plaintiff attempted to contact the
Builder to inform him that their efforts at rock removal were unsuccessful.
16.
Upon the Builder's return from vacation on July 17, 1998, he removed the
Excavating Subcontractor from the job site, and brought in a blasting company and another
excavator to remove the rock.
s
17.
;]
Within two (2) days the new excavating subcontractor and the blasting company had
removed the rock and completed the foundation hole at great expense to the Builder,
which was ultimately paid by Defendants.
i
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.'.'.'
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,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
JEFFREY C. HOLLINGER.
lIdlbla J. C. HOLLINGER EXCAVATION,
Plaintiff
v.
NO. 98,6543 M.L.D. Term
PAUL M. WINER and SUSAN C. WINER,
Defendants
Dated: Gilt /9/
-feuQ11!. ~
Paul M. Winer
VERIFICATION
The undersigned, Paul M. Winer, Defendant herein, hereby verifies that the
statements made in the foregoing Answer and New Matter a,e true and correct. I
understand that false statements herein are subject to the penalties of 18 Pa.C.SA,
Section 4904, relating to unsworn falsification to authorities.
t.
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~ L\TSHA ~AVIS
& Y 01'1:. P.c.
ATTORNEYS AT LAW
1', lId 011111 1\0\ H25
II,""""""". I', ~~m\'.\~i..\ 17IUS.OH2.\
JP.1'I'REV C: HOtLING I!Rtfdfb/a' ..
J.c.nOLl.lNGER EXCAVATION,
Plaintiff,
:IN TNt: LUUII I VI' LVMMVN
: PLEAS 01' CUMBERLAND
: COUNTY, PENNSYLVANIA
v.
: NO.: 98-6543 M.L.D. Term
PAUL M. WINER and SUSAN C. WINER, : CIVIL ACTION - LAW
Defendanls.
REPLY TO NEW MATTER AND SETOFF
AND NOW comes the Plaintiff, Jeffrey c. Hollinger, II d/b/ a J. C. Hollinger
Excavation, by and through his attorneys, Latsha Davis & Yohc, P.c., who makcs the
following Reply To New Matter and Setoff of which thc following is a statemcnt:
5. Admittcd.
6. Denicd. To the contrary, Don Wheallcy t/ d/b/a D & K Quality Homes
(UWhealleyU) mercly asked Plaintiff's father, C. J. Hollinger, to see if Plaintiff, Jeffrey c.
Hollinger, would be available and intcrested in working on thc Wincr job site. As a result
of said inquiry, Plaintiff met directly with Donald Wheatlcy and cntered into a vcrbal
agreemcnt with Wheatley for Plaintiff's excavating services for the Winer job site.
By way of further denial, this informal type of contact was the custom and past
practice bctween Wheatlcy and Plaintiff, Jeffrey c. Hollinger, involving several residential
homcsilcs for the two (2) years prior to July 1998. By way of further denial, in each of the
prior jobs where Plaintiff performed work for Wheatley and where his father, C. J.
Hollinger, also performed work for Whealley, Plaintiff separately invoiced Whealley and
was separately paid by Wheatley for his serviccs.
7. Denied. To the contrary, as per the custom and past practice of the parties,
each time Plaintiff and his father, C. J. Hollinger, both performed work for Wheatley both
Plaintiff and his father, C. J. Hollinger, separately invoiced Whealley for their respective
services on a time and materials basis. By way of further denial, Plaintiff was unwilling to
work on a fixed price basis for the Winer property because of the potential difficulty with
the site.
8. Denied. To the contrary, prior to beginning work, Plaintiff met directly
with Wheatley and reviewed the Winer job with Wheatley. At said meeting, Plaintiff
informed Whealley that in his opinion blasting might be required depending upon the
depth and density of the rock. At said meeting, Whealley ordered Plaintiff to attempt to
use a hydraulic hammer in order to save Wheatley the expense of blasting.
-18635
JEFI'REYe. HOLLINGER I/d/b/J
J.e. HOLLINGER EXCAVATION,
1'l3inliff,
: IN TIlE COURT OF COMMON
: PLEAS 01' CUMIlERLAND
: COUNTY, PENNSYLVANIA
v.
: NO.: 98,6543 M.L.D. Term
PAUL M. WINER Jnd SUSAN e. WINER, : CIVIL ACrION -LAW
DcfcndJnls.
VERIFICATION
I, Jeffrey e. Hollinger, do verify that I am the owner of J.e. Hollinger
Excavating and authorize to take this Verification in its behalf.
The above Reply to New Matter and Setoff is based upon information
which I have furnished to my counsel and information which has been gathered
by my counsel in preparation of this matter. The language of the Reply to New
Matter and Setoff is that of counsel and not of me. I have read the Reply to New
Matter and Setoff and to the extent that the Reply to New Matter and Setoff is
based upon information which I have given to my counsel, it is true and correct to
the best of my knowledge, information, and belief. To the extent that the content
of the Reply to New Matter and Setoff is that of counsel, I have relied upon
counsel in making this verification. I hereby acknowledge that the facts set forth
in the aforesaid Reply to New Matter and Setoff are made subject to the penalties
of 18 Pa. e.S. 84904 relating to unsworn falsification to authorities.
Oate: 7 ~ 'i{~ fer
ye. Hollin t/d/b/a
J.e. Hollinger Excavation
486..15
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JEFFREY C. HOLLINGER Vd/b/a
J.C. HOLLINGER EXCAVATION,
Plainliff,
: IN TilE COURT OF COMMON
: I'LEAS OF CUMBERLAND
: COUNTY, PENNSYLVANIA
v.
: NO.: 99,3249 Civil
DONALD A. WHEATLEY Vd/b/a
D & K QUALITY HOMES,
Defendanls.
: CIVIL AcrION - LAW
*.****.*...***********.*****************************************************************************
JEFFREY C. HOLLINGER Vd/b/a,
J.C. HOLLINGER EXCAVATION,
Plaintiff,
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
: COUNTY, PENNSYLVANIA
v.
: NO.: 98-6543 MLD
---
PAUL M. WINER AND SUSAN C.
WINER,
Defendants.
PRAECIPE FOR NOTIFICATION OF CHANGE OF DEFENDANT'S ADDRESS
TO THE PROTI-lONOT ARY:
The Certificate of Service that was attached to the Petition for Appointment of
Arbitrators that the undersigned filed with your office on July 27, 1999, listed Donald A.
Wheatley, Defendant, at the following address:
Donald A. Wheatley, Owner
D & K Quality Homes
5 South Locust Lane
Mechanicsburg, PA 17055
It has come to our attention that is address is incorrect, please correct the docket
information (or Mr. Wheatley to reflect the following corrected address:
Donald A. Whealley, OWJler
D & K Quality Homes
336 Charles Road
Mcchanicsburg, PA 17055
Respectfully Submitted,
By
Jonathan M. Crist, Esq.
/
A\,tO'rney I. D. No. 29936
P. O. Box 825
Harrisburg, P A 17108-0825
(717) 761-1880
Date:
Attorneys (or the Plaintiff
49273
-
JEFFREYe. II0Ll.lNGER Vd/b/a
J.e. HOLLINGER EXCAVATION,
Plaintiff,
: INTIIECOURTOI'COMMON
: I'I.EAS 01' CUMBElU,AND
: COUNTY, PENNSYI.VANIA
v.
: NO.: 99,3249 Civil
DONALD A. WHEATLEY Vd/b/a
D & K QUALITY HOMES;
Defendants.
: CIVIL ACTION - LAW
********..**......***...***........*****.************.....********.***..**....................******
JEFFREY C. HOLLINGER Vd/b/a,
J.e. HOLLINGER EXCA V AnON,
Plaintiff,
: IN THE COURT OF COMMON
: PLEASOFCUMBERLAND
: COUNTY, PENNSYLVANIA
v.
: NO.: 98-6543 MLD
PAUL M. WINER AND SUSAN C.
WINER,
Defendants.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
Praecipe for Notification of Change of Defendant's Address has been served by first-class
United States mail, postage prepaid, upon the following:
George E. Macdonald, Esquire
Kaken, Macdonald & France, P.c.
2675 Eastern Boulevard
York, PA 17402
Donald A. Wheatley, Owner
o & K Quality Homes
336 Charles Road
Mechanicsburg, PA 17055
Dated:
or /oyjqq
/ '
14tir/f/
49273
.
JEFFREYe. HOLLINGER Vd/b/a,
J.e. HOLLINGER EXCA V A TION,
Plaintiff,
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
: COUNTY, PENNSYLVANIA
v.
: NO.: 98-6543 MLD
PAUL M. WINER AND SUSAN C.
WINER,
Defendants.
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark this matter settled and discontinued with prejudice.
D"eo 4f f
Re ully submitted,
. 71~
Jon han M. Crist, Esquire
torney J.D. No.: 29936
Attorneys for Plaintiffs
Latsha Davis & Yohe, P.c.
P.O. Box 825
Harrisburg, PA 17108
(717) 761-1880
51-198
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In The Court of C~cmon Plaas of
Cumberland County. :ennsylvania
llo._, 'IS. f" ','I') /f/lf) 19
OAnt
We do solemnly swear (or affir.n)
the Constitution of the Cnited States
wealth and that we will discharge the
that we will supoort, obey and defend
and the C~nstieution of chis Co~on-
duties'~f ~ur Ofy1fe W.~~h fidelity.
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AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the follOWing award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
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(Insert: name 1:
applicable. )
Date of Hearing:_(?/7/f9
Date of Award: 1/ 7 /4'7
1~77Z' J'c..-r...?-.?
NOTICE OF
Now, ehe '71h day of .Stfikr.,\:..."\., 19C'A , at o:.?it, A .l1., ehe above
award was entered upon che dockec and nocice ~eof gIVen bY-mail co the
parties or thei= act:ornevs.
Arbitrators' co~ensat:ion co be
paid upon appeal;
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