The URL can be used to link to this page

Home My WebLink About00-08431 .' . MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8431 CIVIL TERM TROY A. WATT, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of ,2001, Defendant's Preliminary Objection is hereby SUSTAINED, and it is hereby ORDERED that Plaintiff should file an amended Complaint in compliance with Pa. R.C.P. 1019(h) within twenty (20) days from the date of service of this Order. BY THE COURT: 1. Mail copies to: Craig A. Diehl, Esquire Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011-4436 Robert G. Radebach, Esquire 912 North River Road Halifax, P A 17032 . . <' , MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8431 CIVIL TERM TROY A. WATT, Defendant CML ACTION - LAW PRELIMINARY OBJECTION AND NOW COMES the Defendant, Troy A. Watt, by and through his counsel, Law Offices of Craig A. Diehl, and files the following Preliminary Objection to the Plaintiffs Complaint: I. Preliminary Obiection for Failure to Conform with the Rules of Court. 1. Pa. R.C.P. 1019(h) requires that, "A pleading shall state specifically whether any claim or defense set forth therein is based upon a writing. If so, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing. " 2. The allegations of Paragraphs 12, 13, 14, 15, 16, and 18 do not comply with Pa. R.C.P. 1019(h) because the Plaintiff states that statements for services were provided, however, no writings (statements) have been attached, and no explanation for its absence has been stated. WHEREFORE, Defendant, Troy A. Watt, respectfully requests this Honorable Court order the Plaintiff to attach the writings described in the Complaint or to provide an explanation for its absence. 1 Date: ',""' '" ,'", L " -"'-,' '.",-...i-.- ,,'-, . .. ... , Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL J:.'IId~I''1 25: tool I By: c.7.fi(] JXAJ, Craig Diehl, Esquire 3464 Trindle Road Camp HilI, PA 17011-4436 (717) 763-7613 Counsel for Defendant 2 .L. , _,'.c' -~. ;" ,",'.' . - '. MORGAN HAHN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8431 CIVIL TERM TROY A. WATT, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this ar:;#. day of January, 2001, the undersigned hereby certifies that a true and correct copy of the foregoing PRELIMINARY OBJECTION was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 LAW OFFICES OF CRAIG A. DIEHL .< -"~ ,', .~.' ,.~ .~,-,-,' -"i<",-'*^--"-'" '."_-"'n~.-" ~""'I" -''''-''".,- <-"-~-" . I ,-~_ '___ ..,~""'" i:"-"~CiU,,;~"cb;';::""'-;"~'-'-<';-":_";;i;';';~;~~;-:';-';' ~_, -_')F",:,:_~~-,,,_ "-<",~',i2;,::--:~;:-;'--:;-.,;, i- ''_'_._,' G-"-' . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MORGAN HAHN, Plaintiff ~-r~ No.a:>- tLf3j S 2000 v. TROY A. WATT, Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with 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 Petition or for any other claim or relief requested by the Petitioner. 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. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, P A 170!3 Telephone: 717 240-6200 "v ",,"_, '''i; ,'_'~, "",-U1 -,,"'-' ,,_~,._.' ,=-, ),-k,,~"--- '..L-~ ";"t.-"i'",,,,,,,-'Lk~''', __J" ,~IiL",.&;,-'''''"" -' < j.,' " --: " _~" , :1. ":-~;,; -'~;1; ,,~,~ _'J'_:~~':;:/i~{;::,:.>I'::jt:':_:'_J,'-Ti;c:.~~'~:":':'.: ,-:_.',:;l'i;~?;\;;:';,;J;,,>~'}~0 - "'. _, ,,~ ~'" ::}'-~';;i: ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MORGAN HAHN, Plaintiff No. S 2000 v. TROY A. WATT, Defendant CIVIL ACTION - LAW NOTICIA Le han demandado a usted en la corte. Se usted qui ere defendense de estas damandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier gueja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propidades 0 ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENA ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, P A 17013 Telephone: 717240-6200 . - ~ .;,' :i;::,' . _ '" ~_, " .J .-,., ","/'", .j. ,~ ;;: ~."j,,>,:';.,'.;_ ,,> . ". " - . . . -. . - ." , ._<.. ~,'. ,''',' '" ,,",.__t.-, ,:,:,--'~<, . J,; ",~, - , . ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MORGAN HAHN, Plaintiff ~-r~ No. (J1J. ?'J31 ~ 2000 v. TROY A. WATT, Defendant CIVIL ACTION - LAW COMPLAINT 1. Plaintiff Morgan Hahn is an adult individual residing at 115 Millers Gap Road, Enola, Pennsylvania 17025. 2. Defendant Troy A. Watt is an adult individual residing at 5010 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff and Defendant entered into an oral contract for services provided by Plaintiffto Defendant at Lot No. 25, Jarlin Farms, Fortuna, Enola, Pennsylvania. 4. Plaintiff and Defendant entered into an oral contract for services provided by Plaintiff to Defendant at Lewisberry, Woodburn, Lot No. 34. 5. Plaintiff and Defendant entered into an oral contract for services provided by Plaintiff to Defendant for snow plowing. 6. Plaintiff and Defendant entered into an oral contract for services provided y Plaintiff to Defendant for a Farm Show Exhibit. :,," ,~- ;.'~' ,--.,' . -' ," ,. ..;'';" -.~,,_<,. d . ,. - - '~"''''+'''; _~>;'5-",~ ," ,I-"l";"~ < ,,'~, ""-"..: - -_'f_;,: 1 <<.'e"-'o,_ _ .~<"-4-' ~,,,,,.,--- '_':",,~, >.~; -',:' -;'i__"'__ . 7. The services rendered to the Defendant for Lot No. 25 Jarlin Farms were completed on or about March 10, 2000 with a total balance due of $5,848.50. 8. The services rendered to the Defendant for Lewisberry, W oodbum Lot No. 34 were completed on or about January 28, 2000 with a total amount due of $4,377.00 9. The services rendered to the Defendant for snow plowing were completed on or about February 19,2000 with a total amount due of$2,915.00 10. On March 8, 2000, Defendant made a payment of$385.00 by check number 1128, which was credited to the snow plowing services leaving the remaining unpaid balance of$2,530.00. II. The services rendered to the Defendant for the farm show exhibit were completed on or about February 23, 2000 with a total amount due of $260.00. 12. Defendant was presented with a statement for services rendered on each of the job sites after the work had been completed. 13. Plaintiffrebilled Defendant for the services provided at Lot 25, Jarlin Farms on March 31, 2000 and May 1,2000 with interest added at the rate of 1.5% per month. 14. Plaintiff rebilled Defendant for the services provided at Lewisberry, Lot No. 34, Woodburn on March 4,2000, March 31, 2000, and May 1,2000 with interest added at the rate of 1.5% per month. ,~,""~,~',~,-"",,,<",' ""-';' ~ ''''".~"i~,,~.A;';':'',",_..:,.",,^i.;_,'~~' ',-;, ~'_' _ .t. , "'''..". . _ :- ,:,,;';,:',':':;,:L:;~;,:,'" c'-:;,~.,~~~:;\:~;.-[,: ,:: ,;,;;~',;o,i: ,:.,;jii.L', '_k;~'_:'\'~'.~~'~;,.:;:;._;:~;..::~::,~. !-~t-,:(~;.",. '; ,"' "'L.;.,,..-,,__; 15. Plaintiff rebilled Defendant for the snow plowing services on March 31, 2000 and May 1, 2000. 16. Plaintiff rebilled the Defendant for the services provided for the farm show exhibit on March 31, 2000 and May 1, 2000 with interest added at the rate of 1.5% per month. 17. As of May 1,2000, the Defendant owes the Plaintiff a total of$13,168.89 for services rendered. 18. From and after the services were rendered and statements presented, Defendant has failed and refused to make further payment to the Plaintiff despite repeated requests and demands to do so. WHEREFORE, Plaintiff demands judgment against the Defendan 'n the $13,168.89 together with interest thereon at the rate of 1.5% p a all costs suit. G. Radebach, Esquire ey for Plaintiff 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D. No. 19255 _, . ~,,,, - -\.~-_ -" ~,-"" .!;.,.-. -""~'"_ '" ''''-''',!,-"".' l,-'. __,' ,'; "" '"-~ ;;:,~""'b-,1 .~;-"t;i'i--:--"~~-' -<-" ,,-,,',",:-,',',-- . - ,,: '" - ,,~ ';:."- -'''-'-,,--,- -~ ~"':.o-:, ',' , ~ :",,-:"::'~;';~;~--,~1~:,:};~~t~:-::':~:~2'Xl~-;2:)L;,~';~.;;: ,', ' - C""'-,>-_,,''.';r I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Dated: II - :3 - 00 ~~ Morgan Hahn ,',; ,'~i,j~,~_"t"'~~"iljl Ii"" , ,,,_ t;' ~~ ~ r'" .~';"~1:,'; "',,~ _ " ~ _" '.,' '-'il~~.!djil.!lIi.Giii1 "'-' ''''''~ ."~, ,',. ~~"-'f _:y,~,.j;"";",,,,~ A\l ., ~ -'0',;" .. ... .. G~ 2 0 0 :;;) 0 -n $: 0 :-0 Eb ,.." i~'~~;;g ~ ~ ~ ' fn[T} n YJ~ ~~ r -'---']71 (f) ~"j t::J %:t:- (\ ~ ;:5""".; ""'" ! 0 ~ ~c -0 j~~~f~ ."'" c~ () 1!Eo :::r Q;Q ~ ~ 5>~ r:iJ ....:>o-{ / "" ~ 01'11 0- .,.. j;;! -<: ::< \0 ::0 Ll1 -< 6' -.:t -C' ~ ~. ,~ ",~~ " _, I ,~.~_ ~, ~." ".~~ .--",,,, ,~,~"'~~-~> 1_-. - , , ,.'.. -, .' ,- , ~_ ,~" I ' r.'-~'"' '=-", " , ~". ~_' ,'~:~ ,. ~- "'","'.-_d .2, --'J,."" '< i.- ~"""",,,.-,~ ",'c>_h', t,;;,,,~,;(, .,;:,~:"..o;,;;>V, _ "':. ,;,. ':,('---:0"" 'o~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MORGAN HAHN, Plaintiff No.C)p_ ~l\b'\ S 2000 v. TROY A. WATT, Defendant CIVIL ACTION - LAW . NOTICE YOU HA VB 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 Petition or for any other claim or relief requested by the Petitioner. 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. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 " " ~0^"r',_ . " ,",I. .,,"",-' ",,:.;" 'fu " - "i~ " "~~ c "'. ""'"",, - ,J T-i-,l~".L~i-_;", l~, '''' .. ";-.i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MORGAN HAHN, Plaintiff No. 00- "gLf€>1 S 2000 v. TROY A. WATT, Defendant CIVIL ACTION - LAW AMENDED COMPLAINT 1. Plaintiff Morgan Hahn is an adult individual residing at 115 Millers Gap Road, Enola, Pennsylvania 17025. 2. Defendant Troy A. Watt is an adult individual residing at 5010 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff and Defendant entered into an oral contract for services provided by Plaintiff to Defendant at Lot No. 25, Jarlin Farms, Fortuna, Enola, Pennsylvania. 4. Plaintiff and Defendant entered into an oral contract for services provided by Plaintiff to Defendant at Lewisberry, Woodburn, Lot No. 34. 5. Plaintiff and Defendant entered into an oral contract for services provided by Plaintiff to Defendant for snow plowing. 6. Plaintiff and Defendant entered into an oral contract for services provided y Plaintiff to Defendant for a Farm Show Exhibit. ,.-,- ._, ,___ ~<_~'W ~" _ , _..,__ d,"", ","' - """ ,~__, - " . __,;, ';;'0;' -" C,' ~ ','_:;";."-'i,' .,.;., ,,' -"",...J'tt..'--;;",o" ,~'o:i'i0;fu~_.~'<~""'(':'; d~~~ai "0' ,.,J _ci,_" ,,;',' _; 7. The services rendered to the Defendant for Lot No. 25 Jarlin Fanns were completed on or about March 10, 2000 with a total balance due of $5,848.50. 8. The services rendered to the Defendant for Lewisberry, Woodburn Lot No. 34 were completed on or about January 28, 2000 with a total amount due of $4,377.00 9. The services rendered to the Defendant for snow plowing were completed on or about February 19, 2000 with a total amount due of$2,915.00 10. On March 8, 2000, Defendant made a payment of$385.00 by check number 1128, which was credited to the snow plowing services leaving the remaining unpaid balance of $2,530.00. 11. The services rendered to the Defendant for the farm show exhibit were completed on or about February 23, 2000 with a total amount due of $260.00. 12. Defendant was presented with a statement for services rendered on each of the job sites after the work had been completed. 13. Plaintiffrebilled Defendant for the services provided at Lot 25, Jarlin Farms on March 31, 2000 and May 1,2000 with interest added at the rate of 1.5% per month. 14. Plaintiff rebilled Defendant for the services provided at Lewisberry, Lot No. 34, Woodburn on March 4, 2000, March 31, 2000, and May 1,2000 with interest added at the rate of 1.5% per month. ~ - __.<__ .1'..' ".j., hi."':,,;_,'"_.', ~,_- l' ~. ~. - ~_, ,I. >,. ' -e",,-, .- ,.; :,",,' .:AJ_ ;;-~ ,,-,;, '-, ,.:;... ,J,ci'ii;;,,',~;'_~,; -~~~,&'_"-,-;":;i";:i,,,;i.-.: 0',L:--_,-" ",U Y<" _,'; 15. Plaintiff rebilled Defendant for the snow plowing services on March 31, 2000 and May 1,2000. 16. P1aintiffrebilled the Defendant for the services provided for the farm show exhibit on March 31, 2000 and May 1, 2000 with interest added at the rate of 1.5% per month. 17. As of May 1,2000, the Defendant owes the Plaintiff a total of$13,168.89 for services rendered, see invoices and re-bills attached hereto as Exhibit A. 18. From and after the services were rendered and statements presented, Defendant has failed and refused to make further payment to the Plaintiff despite repeated requests and demands to do so. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $13,168.89 together with interest thereon at the rate of 1.5% per month and all costs of suit. RoHert G. Radebach, Esquire Attorney for Plaintiff 912 North River Road Halifax, P A 17032 (717) 896-2666 I.D. No. 19255 ,--- , - -. . MO _ > -,,-' _',.,"'C ~"".,'." ,." ";.,,'~'" ';' ."'''''"''"..,.,\st~"" ',.. "0.', I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Dated: 2 -2 &-(!; 2. 001 .::!!?~ ~ Morgan Hahn 1CC"'. .....,~""...._'~- _." ".~ . ",JI ,-" ',"" 'K fYlo/l.(;.P,1J HfHirJ [;XeAvArllV(~ S"ArnL~SS SPDl'<-IING- 1/5 rn, LL5ILS c;;:.AP fl..o, . INVOICE E..}..J()I..A_'tf'l,'~D~~:.tl:J. 4'72831 J06 +l.t...C I .J...l70/S "e-U l<J 0 0 ./) 6 (.<..(CrJ .L.. 0 T It 3 'I Ship To Address City, Stale. Zip Customer Order No. Sold By Date '-- c.o: FI r Ei,.&danS OC5646 ~ , " ~ , "- ", ----- -." ","''1",'-- _ ..- f f-Ji-.... i /,A)&- l/:S rn 11..,.;~:{I..s <rl't f' (Zp, . EA!O/Jl If,q J70c<S 472803 INVOICE "717_ t...i::U_ :l,;U 7 Sold To -r-i? 0 fA ~TT {!3",tl..i/'c..ueV '? I 11 Se> OrAlAt' Address City, State, Zip Ship To ..::Tot35lTi5"-:: j $"'&-'/.5 ' I. Address r City, State. Zip Customer Order No. IOld By rerms ro.s. Da.. J -.:<2 -()O ORDERED SHIPPEO DESCRIPTION .'.... PFUCI:, UNIT AMOUNT ' J/L' -0 _? LA ^ / A!30,e 1...2 ) , , , I />1~..' s:- 13<<:J,- l- S"..."" "'OL. ()IA) .c. , , , (-t /i!i"1'!Il/ I/.P c--l. . fiI t:,1) )/'11:, ;7/ .;J./. '/ [- /?) I - ~ , 0 , , -r h.. " (./ >>' .~ '~A .A . , , 15P" /f.(~ LiZ . . .. ,go.h 11 11.11, bo I L. ; aA",/" ' ' 'f. '{ 7i_ -r# J/ /./.tlu.c. / A , iC.iH 1.:2 '7,,: Oil ~ ~ --. ,. -< f" " ' ._" , , .. ""II 11 . .!Joioo EKep"" To:Ta" '. , '. , . --r-0771t.- = ,< ~ CC'Ai""A , , , , , , . l I , { I'JAdarns DC5848 " '>.-...". - ~., " " '........ '. '-.. .' _-,~ ~ i"'.m~ "_"'~""",,'... -, (Y\c>Rc:rAN HI\HtJ't.X6401\.'fH:l6- L"i!i",""1..6~S SPOU.T/~t . .. m-lL.L~~ GrAP, ,IS .pA r11l~S-IDIJ. E.",o;...A, INVOICE 'lYl- b'i I - 9a-n Sold To ,/Z.O Address City, State, Zip 472576 Ship To :70/35 Address City, State, Zip Customer Order No. Sold By Terms F.O.B. I ORDEIlEIJ,', -<-SH~~j)~_D: IiEBCI\I~iiOI)j;'2!;;. .',i'.';;",";. . p.I\Il;lf,' r:Adarm DC5848 , '00 ~. " '-. '" , ..~,~ ~ """"'-'.. -~ "'- " - ~ ~. -~'- .- ~ *1, INVOICE mo~6>A~ j.j A..r-.> (XC!..AUFIT\,.:)6- S;:;AIl"H.~ .sPcl>-\l~6- . 115 mt(.I..~RS G-PlP I2A (t001....F'I I ~f\ \"'10015- 1C>10l... ." -b j- d../ 472518 , SoJdTo Address City, State, Zip Ship To Sc::.l~:6rr~; L.:6L0'S~~R.R. Address I...:>Cc>D'O\.I..R.~ City, State, Zip Customer Order No. Sold By allbl'll!! . .'~$I\)PPEO Date '~/03 qq ".r' ";u t~. , Iv.<. ~OO~O 0 , ;;! 0' DC> , IDo:Ot> , ;/.00'00 , ;;l: 50 0 , ::1.400 , ::14" C> , ;1.5'0: 0 , ~ I '5 'DC> , ~o,OO ~7'OO _ OC5848 f" ..... 8.J ~ piLI 3/~31.d(l :t{1 _ " 5''' O. DO fh- . 11> /, 737. 00 '\ ., " ~ , , "" , ;"",~l/j' ~. I.". ~. . .~ I - ~,' lY\o~~A/IJ HAHI'J [;XC:.AvATIA.)(~ 5tfAmL~~S SPC>L,-T,N{;... 1/5 m.LL5/Ls. c-AP Ilo. . INVOICE &~/.-f\_lt~/}C~~-/6/:.t 47.2831 NT'. . , e. II ml -1-1(,--, ,t J06 I -ZBG...Jfsl>rflZL Addret>S Woo [)61..M<..rJ "-aT It. 3 <I Ship To City, stale, Zip Customer Order No. Sold By Terms F.Q.B. .r.(TIm.-thf1TTl. . Date DE~!lRI!'fl6N,C;1;l!!;Y:S:; ..:r~U 0 / Cr.s l?~mA N/N';- ~I '6' pRICE. c": p, {; I:Mon-s DC5848 ~ , " '"" " '" ~J c._ "'i/-_, . ~.~ ~'" '-- ~-- --.-. rnoll.(yoAtu tlA+I~ (XV~I.)FlT\ IV&- SGAm<.ttsS sf'cu..\I""t- . liS m,(.<.~RS G-I\P ~ LNOJ....l'\ I "A r,cas- 1010l... '1' -b j- d./ " - 412518 INVOICE Sold To I Address City, State, Zip Ship To Sc::.e,,:::>rr:g- ; /....{S\......:)\S ~~~~ Address \.:l = \) 'OV-R.t:l City, State, Zip Customer Order No. Sold By Terms F.O.B. ORDERED.. :SI\IPPED .' '^'0f:-~ fR!CE Iv.... , .:loo,oo , o'oe> , 'Oo:oe. I ;1,5"0:0 I 1'5'00 I :1.0:00 47,()0 IlAdams DC5848 td ..,. 6..1 ~ J/:l../ 5f.l<- . 3 ~31.dQ _ t/soo. O() 11> I, '737. oc> :2/1 \ .~ ~. , '" ........ , ~ ''''' .~ "~~'"-.~ ' . m t> (l... Cir R N ri f\ Ii,., l:.,XU.+tLl 11'r; P6* "'iill'~Le5S Sf'C>.....TI~':;.. '" f\'\ol'-L1!t"-S (yAP........ . i~.s ..p ~ ....,.9-5 - I DId. c. J<'O '- A . INVOICE 'lYl- b'll - 'ia-n ,. . ~ 472576 Sold To ~IJ -r,..,D Address City, State, Zip Ship To :.::TiJ&5 Address City, Stale, Zip Customer Order No. I I!.~ IlAdams OC5848 ~ , ., " ~, " ", Date '..Plllp~:; '6 :00 ($ ~~ -'-~ "- - ~ "~-. ~~ "~ ' .......""....,.- '., ....- -f......,......'I//~'c..- S;gAfYlLeSS SPOLAT/IOG- 115 mfLL~1t..s (,-AI' /Zp. . gNo.I...A Ifl/ J7c>>S '7 -&'';;:1./7 (!$/UTu.;e( 4.72803 INVOICE Sold To Address City, Stale, Zip Ship To .:::ro65~~ Address City, State, Zip Customer Order No. Sold By Terms Date ,'PillE -r074t...- ~ r.iAdarrE DC5848 "'.~ ; \, ~ ", " ~, ,. ..,.."..,..~~~-- - -~~~ ..... INVOICE (l')oil(..AlU KArl,.;> €XC-A0ATfi\)&- SliflmL.iSS SPOk7JNfr 115 (YIILL"6"I!..S GAP (l..P. €.^",O.L.A, P-A ,.00l,5-lol,:).. '11/- b9/- 3;),/7 lI72810 Sold To /ROlf t.>>A7T Address City,State,Zip Ship To FAlZ.m S+low f..x'/lh3 IT Address City, Slate, lip Customer Order No. ~,- Dale ;;1-.;)'-1-00 ORPERElI ',.SHIPPEP 'tiNlll:. .'.AMOUNr..l :::l.-;;l. -00 #> I.J 0.:0"- ;::: j ,$,,,, dJc::-. ._ , , --~ ?;;1..d. -00 ~J.v..". " 1;;/;00 , , , ':2 -,;I. - oC> " J..._ , '( / oo~ ex: , , , - IP J'Li:OO "Trr7AL- - ~ 3-3/-00 i 0.0'.00. P C:;_I_OCJ , , , , , , , ..- 1--. , , , , , , , , , ce. Il/ft ~iI , , Fi' , , ,:;Adam. DC584B : <.iJ T. - ~ I fhO~c,.AN HAHI\I f.X.C.AuffTING- S~Am"fS3S '5Pou:nu(J.- __ 115 rnlw.~~ ~p ~/OI;)"" INVOICE 'C-/UO~A; f1A 1?~~r7 472818 Sold To Address WA 7T STorJ'fjll. A'6s t3f..tlJrr6 iUJ . /lIr J 70 '5 <;> SIlipTo Addresa City, Slale, Zip Customer Order No. IL<:. a....Ww \,-/" .,,--, ,--"+-' , 1 ,_ i ,: ~~-'~ - , --'IT' '. 11<:.0\...1 A. \..0+\\'\ ( C-& (l,)T~y a \, f> 1?Q.,ID~elLl N () ~ c\.C\.cI..,u..<;>.O: So I 0 ~(!-J?;.S "6IL\DG-E" R.n . N\'l5C+\-f\ i0llSQ,\l...$(. I pfl \-16 SS . D~'<-~ . 33 I S m~\L'\<..;sT 'ST. ~A!YI? ~\u.. I \l1\ 110\ \ TObS lIe,: \=,Qq~ 1->,1\ t0~ LoT ~ d.S :::J~R...L\\D '~'1\\(.xV\S L'0()k.f\<+~ ./ ()~\\:,.\\\:)\\L :S:NI.)()\c.e;: -#> Yl.)S JS * Llt;;;)S:l.6 \l:)\LL'b() \~\3\\1CI 'i:ft \,\50.60 $ \ \S'lS ,DC) O~IG\~f\L :r::1000\c..~ : ~ Y'ld. 80d... '6\LL~O \\d.'2\DO $ \00.00 C)Q\G\Nf',L :(:N\X$~c..~'. ~'-i/:J.'i?cl() i?J\LL~D 3\\0100 ~ d, toJ.."!:> 50 I . Q,~~\LL\,;;D +\LL X Nl.)O\C:!;s..: 6\01\00 -+- 5/1 \00 .::I: t01-'t; QjS s:T P-..oO'F .0 \. sO; 0 -=- '$\- "6 '1 . 13 (ALL.:J:l0oo'C~S.)1 ~ -, ,00Ae ~ILL\SD 5 1\00 ::. ~ 5"ICj3(,_i0 ....) o~s fT~: J-....8. L.01 S b\3 KR-~ .l-..DI.l$ 3 '-I u:;ooD Bu.RA) fI<JJ. o<L\G\IIJAL..:::a:lOO\C'G: :\:t:;LtiJ..512' I:>ILL~O 1~ID319q . dt . <if ,fj '+l 3, J.. 31.00 '? p. \D .:l\l\OQ If' I, So o. 00 \l;)I\L ',137.co II\..)l)OIc...~: ~ y -, J. 57(" 'i?::,\ LLbD \d-\ 3. \ \ S9 -:1$ ::1..,0'10.00 :J:/'VVOlce.- * Lj,.;).203 6Jt...L'60 /-.1..J'-00 $ 55(,),00 (?,fS6JLL.e 0 Ih_ <- fNvOlC75'...S; " 5/1/00 3-<1-00 3-3/-00 I :Z,v/ot..lSST /1tJ/JdO .5"///00 /'s';)v .= 1165.6.6 L IPl L<. :t: ,.u<) r;;- -;---, -ro-r,tfc.. t3 /LLiJ() 5/ ~(j .= L~ ~ i./if~ ' do ~../ /;j06SIId: Fit/un SHoW CX>6/T' (3ILLGZJ ,,'l -.:l </ - 00 ~ 3- 3;-00 -, 5 'i- oe> WIJJ/)5''>;(. PRR-/e >"'::Toe,Srre: SiVOL...) fc...OWI,tJ& FOIL mf~~5(LJJVfSI?Inz.o'i W1i71 kfJY 6-IAtJI o~/v.:z:-jl/v #5 I-J 7;). 80'-/ 61U-fD lid/foe) If 'I7cJ.2'o9 eILL~D J..jl9jov H- 1f7,)..$/p f)/LL5(} .;),/~'6LOO icfi/lG:;.';; c;/S.oo ~3/;j/()" 713'is.M 8fJt..l1fVc5 /J.-WL. :;C~_.J.!53~ ~ 3/JI/00 0/ 5///00 ol./6-/fl/I?L I/lfC/O/CiJ. .... </ 7.1 ~ 10 ~o:~ -' , ^ j ,,- -- $ .-"':<.~','" ,. '. L~_. -;aTilt.... D,c ALe. JO.f3 T/lJUO/C2r;-.3 As To [)/ln~::: -11'13} /t:-8,S9 ~~~'il',ciJ:;;tl"~k-",t8,;l ",.-.,' "''''",':Ji",-';;,''\o\'r-'m'f''''rlJ';<'~lM!I<~*~~~.;;.(;~-,,-,j''.L:I::,"'-'''i oJ'",,~~~'" -~rU:~ ~\;"" \ V"\ . --~ ~~ ,~.~, >~~--"^, ~",. ~.~..~,~, ",J~~~~.c A,' lMiIIi~'" '.~ .~~... "'1ft d.' L --.~--,-"'.. " (") C) r' c: -.,,'< ~: "-1:, ,J jT -" ___I fTl r.;, -'"1 ~ <::.:.J 'j--! /l ~ '. f',l , " 0> a y -< ~-:..:; () -.- --0 ;~ 4:('") ---"'" ~b~' ~ c) / W ~ -", iT} L ~ ----j '-) -<; (JO CD -< " ,'~ ' ,. .' ~ ~-'''' ,~.-'- '.....ie. MORGAN HAHN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 00-8431 k!o TROY A. WATT, Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you musttake 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. IFYOUDO 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, P A 17013 (717) 249-3166 1.1 I _ _"l'__ - "',"., M' "C' . -~~~~'.'!f MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No: 00-8431 S 2000 TROY A. WATT, Defendant CIVIL ACTION - LAW NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defenses 0 sus objeciones alas demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar lma orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V AYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, P A 17013 (717) 249-3166 . ""- , L ~. I ,,4,-,,,,.- -fD-. MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No: 00-8431 S 2000 TROY A. WATT, Defendant CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendant, Troy A. Watt, by and through his counsel, Law Offices of Craig A. Diehl, and responds to Plaintiff's Amended Complaint as follows: 1. Admitted. 2. Denied. It is specifically denied that Defendant resides as 510 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. In further answer hereof, Defendant, Troy A. Watt, resides at 2 Golf Course Road, Dillsburg, York County, Pennsylvania 17019. 3. Denied. Defendant denies that he has any type of contract with Plaintiff. In further answer hereof, Plaintiff s purported oral contract for services provided by Plaintiff at Lot No. 25, Jarlin Fanns, Fortuna, Enola, Pennsylvania, was with Maximum Construction and Contracting, Inc. Therefore, strict proof of the allegations of this paragraph is demanded at trial in this matter. 4. Denied. Defendant denies that he has any type of contract with Plaintiff. In further answer hereof, Plaintiff s purported oral contract for services provided by Plaintiff at Lewisberry, Woodburn, Lot No. 34, Pennsylvania, was with Maximum 3 .. ~i!.-';' Construction and Contracting, Inc. Therefore, strict proof of the allegations of this paragraph is demanded at trial in this matter. 5. Denied. Defendant denies that he has any type of contract with Plaintiff. In further answer hereof, Plaintiff's purported oral contract for services provided by Plaintiff was with Maximum Construction and Contracting, Inc. for snow plowing services. Therefore, strict proof of the allegations ofthis paragraph is demanded at trial in this matter. 6. Denied. Defendant denies that he has any type of contract with Plaintiff. In further answer hereof, Plaintiff's purported oral contract for services provided by Plaintiff was with Maximum Construction and Contracting, Inc. for a fann show exhibit. Moreover, upon information and belief, any contract that existed regarding any fann show exhibit was gratuitous in nature. Therefore, strict proof of the allegations of this paragraph is demanded at trial in this matter. 7. Denied. It is denied that Defendant was provided any services by Plaintiff as no contract exists between the parties named in this action. In further answer hereof, the contract Plaintiff had with Maximum Construction and Contracting, Inc. regarding the property alleged in this paragraph required Plaintiff to install aluminum siding on the entire house, yet Plaintiff failed to do so. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 8. Denied. It is denied that Plaintiff provided any services to Defendant for a property known as Lewisberry, Woodburn, Lot No. 34. In further answer hereof, the parties to any contract regarding services for the specific parcel as designated herein was 4 J - ~. ....:.,..J A' _~, ,,'~_,,~_" between Plaintiff and Maximum Construction and Contracting, Inc. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 9. Denied. It is denied that Plaintiff provided any services to Defendant for snow plowing. In further answer hereof, the parties to any contract regarding services for snow plowing was between Plaintiff and Maximum Construction and Contracting, Inc. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 10. Denied. It is specifically denied that Defendant made a payment to Plaintiff for any services, as Defendant is not a party to a contract with Plaintiff. Therefore, strict proof of the allegations of this paragraph is demanded at trial. II. Denied. Defendant specifically denies that Plaintiff provided Defendant with any services pertinent to a fann show exhibit. Said services provided by Plaintiff were to Maximum Construction and Contracting, Inc. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 12. Denied. Defendant specifically denies any implication herein that Defendant was properly named on any statements and/or invoices for services that are the subject of the Amended Complaint. In further answer hereof, Defendant had no contracts with Plaintiff, written or oral, regarding any services at any time relevant hereto. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 13. Denied. Defendant specifically denies any implication herein that Defendant was properly named on any invoices for services that are the subject of this paragraph. In further answer hereof, Defendant had no contracts with Plaintiff, written or oral, regarding any services at any time relevant hereto. Therefore, strict proof of the 5 '~, " ..;" ,~ "' " ,-~ l!!ii~_ allegations of this paragraph is demanded at trial. 14. Denied. Defendant specifically denies any implication herein that Defendant was properly named on any invoices for services that are the subject of this paragraph. In further answer hereof, Defendant had no contracts with Plaintiff, written or oral, regarding any services at any time relevant hereto. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 15. Denied. Defendant specifically denies any implication herein that Defendant.was properly named on any invoices for services that are the subject of this paragraph. In further answer hereof, Defendant had no contracts with Plaintiff, written or oral, regarding any services at any time relevant hereto. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 16. Denied. Defendant specifically denies any implication herein that Defendant was properly named on any invoices for services that are the subject of this paragraph. In further answer hereof, Defendant had no contracts with Plaintiff, written or oral, regarding any services at any time relevant hereto. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 17. Denied. It is specifically denied by Defendant that Defendant owes Plaintiff any sums for services rendered. In further answer hereof, Defendant has no contracts with Plaintiff, either oral or written, and therefore, owes no duty to Plaintiff of any nature. In further answer hereof, any contract Plaintiff had regarding any of the properties and/or services that are the subject of this Complaint were made with Maximum Construction and Contracting, Inc. and not Defendant. It is further denied 6 ~ ~ -~''''1 that the invoices and re-bills attached to Plaintiff's Amended Complaint are true and accurate as same are docwnents which speak for themselves. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 18. Denied. It is specifically denied that Defendant has failed andlorrefused to make any payment to Plaintiff as Defendant had no contract with Plaintiff and therefore, Defendant had no duty to make any payment to Plaintiff for any services whatsoever. In further answer hereof, Plaintiff's contracts which are the subject of this Amended Complaint are with Maximwn Construction and Contracting, Inc. and not with the named Defendant. Therefore, strict proof of the allegations of this paragraph is demanded at trial. WHEREFORE, Defendant, Troy A. Watt, demands judgment in his favor and requests that this Honorable Court dismiss Plaintiff's Amended Complaint with prejudice. NEW MATTER WITH COUNTERCLAIM 19. Paragraphs 1 through 18 are incorporated herein as if fully set forth verbatim. 20. There are no contracts existing between Plaintiff and Defendant for the matters that are the subject of Plaintiff's Amended Complaint, or otherwise. 21. Because no contract exists between the parties, Defendant owes no duty of care to Plaintiff. 22. Defendant, Troy A. Watt, is improperly named as a Defendant in this proceeding. 23. In the alternative, if the Court deems that a contract exists between the parties, same 7 iIlK'i being specifically denied by Defendant, there has been failure of consideration due to Plaintiff's defective performance. 24. In the alternative, if the Court deems that a contract exists between the parties, same being specifically denied by Defendant, Defendant's conduct was justified under the circumstances. 25. Plaintiff contracted with Maximum Construction and Contracting, Inc., for various services and did not contract with Plaintiff. 26. Plaintiffs services as provided to Maximum Construction and Contracting, Inc., were defective and were not in compliance with the terms of the agreement between the parties. More specifically, Plaintiff was to install aluminum siding on the entire house situate at Lot No. 25, Jarlin Farms, Fortuna, Enola, Pennsylvania. 27. Plaintiff failed and/or refused to install aluminum siding on the entire house situate at Lot No. 25, Jarlin Farms, Fortuna, Enola, Pennsylvania. 28. The services provided by Plaintiff to Maximum Construction and Contracting, Inc. that are the subject of Plaintiffs Amended Complaint were defective in several respects. The pertinent defects are designated in invoices from Maximum Construction and Contracting, Inc. True and correct copies of said invoices are attached hereto as Exhibit" A" and are incorporated herein as if fully set forth. 29. Plaintiffs conduct in providing defective services was a material breach of any contract existing between Plaintiff and Maximum Construction and Contracting, Inc. 30. Any contract existing between Plaintiff and Maximum Construction and Contracting, Inc. with respect to the farm show exhibit was a gratuitous contract and therefore unenforceable. 8 - ill . =Iilill' 31. Plaintiff's conduct in providing defective services caused Maximum Construction and Contracting, Inc. to be damaged fmancially for a sum that does not exceed the compulsory arbitration limits for Cumberland County, Pennsylvania. WHEREFORE, Defendant, Troy A. Watt, respectfully requests this Honorable Court to enter judgment for Defendant and against Plaintiff and grant such other relief as this Court deems just and proper. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: 'f/II /0 I By: 9ii Q, 15:11 Craig . Diehl, Esqwre Supreme Court J.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 9 ~= <-. ~.iIII'~,;;: MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No: 00-8431 S 2000 TROY A. WATT, Defendant CIVIL ACTION -LAW VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: y~ g 11J~ ~~- '. -.' MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No: 00-8431 S 2000 TROY A. WATT, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 107 Locust Street Harrisburg, PA 17101 LAW OFFICES OF CRAIG A. DIEHL Date: Lj / III /0 I , BY:~~In/hrLU /Steph eA. Moor, L gal Secretary 3464 Trindle Road Camp Hill, P A 17011 (717) 763-7613 -.' Maximum Constpuction & ContPactinq, Inc. 2 Golf Course Road Oillsburg, PA 17019 711-502-1141 December 26, 2000 INVOICE BILL TO: Morgan Hahn Excavating 115 Millers Gap Rd. Enola, PA 17025 JOB LOCATION: Lot 9, Thornton Rd. Harrisburg BACK CHARGES AS FOLLOWS Remove and re-install sewer line due to faulty installation $2,240.00 OVERBILLINGS MADE BY MORGAN HAHN EXCAVATING AS FOLLOWS Inv. #472801 (01/28/00) Total $370.00 Over-billed $58.75 - incorrect hourly rate charge $ 58.75 Inv. #472513 (11/12/99) Total $1,254.00 Over-billed $175.00 - incorrect hourly rate charge 175.00 Inv. #472524 (12/22/99) Total $400.00 Over-billed $75.00 - incorrect hourly rate charge 75.00 TOTAL BACKCHARGES/OVERBILLINGS: $2,548.75 TA WllelHAHNbackcharges&overage.sLOT9 EXHIBIT "A" Maximum Construction & Contfactinq, Inc. 2 Golf Course Road Dillsburg, PA 17019 711-502-1147 December 26, 2000 INVOICE BILL TO: Morgan Hahn Excavating 115 Millers Gap Rd. Enola, P A 17025 JOB LOCATION: Lot 25, Fortuna Ln. Enola BACK CHARGES AS FOLLOWS Remove and re-install sewer line due to faulty installation $2,240.00 Re-installation of siding and soffitt due to incorrect installation and lack ofj-channel 600.00 Installation of aluminum coil stock around garage doors and eaves which was to be included in siding installation 326.00 Prepayment of drywall fInish by MIlE without authorization - Drywaller did not return to fInish wqrk - additional drywaller hired to fInish work previously paid by MIlE 400.00 OVERBILLINGS MADE BY MORGAN HAHN EXCAVATING AS FOLLOWS Inv. #472525 (12/31/99) Total $1,150.00 Over-billed $227.50 - incorrect hourly rate charge $~ ~b1.5J Inv. #472526 (12/31/99) Total $1,975.00 Over-billed $746.25 - incorrect hourly rate charge 7~ 1tf1.5'v Inv. #472802 (01/28/00) Total $100.00 Over-billed $25.00 - incorrect hourly rate charge J5..OO""' I o. :V Inv. #472820 (03/10/00) Total $2,623.50 Over-billed $711.10 - rate charged was higher than the rate agreed to prior to start of job 711.1 0 TOTAL BACKCHARGES/OVERBILLINGS: $5,275.85 TA WllelHAHNbackcharges&overages . .' OCT 0 1 2003 ~ o I" MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-8431-S-2000CIVIL TROY A. WATT, Defendant CIVIL ACTION - LAW ORDER AND NOW, to wit, this day of ,2003, upon consideration ofthe foregoing Motion to Withdraw as Counsel it is hereby ORDERED and DECREED that Craig A. Diehl, Esquire, is permitted to withdraw as counsel of record for Defendant in the above-referenced matter. BY THE COURT: , J. " ,-'" ~ ,- , ~" - - '",~. ~" ,- -"" ~',,"-,",""" - - -'<.."'k~""'____ -~);o._, 'm \>~_' __'- . . . MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-8431-S-2000 CIVIL TROY A. WATT, Defendant CIVIL ACTION - LAW RULE AND NOW, this "2....... ~_ dayof 0 Lt:l/.>d ,2003, upon consideration of the foregoing Motion to Withdraw as Counse~ a Rule is granted upon Defendant or any other party in interest to show cause, if any be had, why the relief requested should not be granted. Rule returnable due fifteen (15) days from service. BY THE COURT, ,.1 ~ ." ,,-, '. I I I I ' I I , ~H ._. "'~I " ,~, .~.""L' ,,0.. ",-. ~ -" 0--. '-"'-"';'"1.""- " I ' "N'~ '''--1~'"'''.'' -''''^-~''''-~-. .~" -.'~" " .... , jil ~lill-' .""~ nr-ri 0" ,::r FI) .~" 'I" Ti-. ,_.- ~', 'i)jl,..P/'\E " 'f.:: : .';'>"jTL;/~"" ~ " .. ,,!(r"~ 0" .. "..I,\RY 'J OCT ,,'I c, " t/j 2: a CUlvr'K' . 2", .:...~~t!Li.\j' L ' ,'~ PENNS(L(I~~UNW ,~-' " <__~~.u_l'>W!i'~~ ~cj 't ~~ . JoJ' d d- 1 1~~ ~ <;) \ o ... -~~-;:~~ r~.I!l~giIJ~ I ~". -,' " . ,. MORGAN HAnN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-8431-S-2000 CIVIL TROY A. WATT, Defendant CIVIL ACTION - LAW MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Craig A. Diehl, Esquire, attorney for the above-named Defendant, Troy A. Watt, and moves this Honorable Court for pennission to withdraw as counsel for the following reasons: 1. Petitioner, Craig A. Diehl, Esquire, and the Law Offices of Craig A. Diehl (hereinafter referred to as "Petitioner") are counsel of record in the above-captioned action, and have a business address of 3464 Toodle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Troy A. Watt, (hereinafter referred to as "Respondent") is an adult individual who currently resides at 230 Old York Road, Dillsburg, York County, Pennsylvania 17019. 3. On or about January 23,2001, Respondent retained Petitioner to represent him in a this civil matter that is based upon Plaintiff's alleged oral contracts with Defendant, the existence of same having been specifically denied by Defendant. At the time Respondent retained Petitioner, Respondent agreed to pay Petitioner on an hourly fee basis for services performed in representing Respondent. 4. Respondent has not made a payment on his account with Petitioner's firm in more than a year. Certain sums since that date continue to remain outstanding on his account. < . -. . . , , 5. Petitioner's firm has sent to Respondent correspondence indicating that his account is past due. 6. On September 24, 2003, Petitioner was served with a Petition for Appointment of Arbitrators in this proceeding. 7. Petitioner has sent to Respondent by United States First Class Mail, a copy of the Petition for Appointment of Arbitrators. A letter was also mailed informing Respondent of Petitioner's intent to file this Petition. WHEREFORE, Petitioner respectfully requests that Your Honorable Court enter an Order permitting Craig A. Diehl, Esquire, and the Law Offices of Craig A. Diehl, to withdraw as counsel of record for Defendant/Respondent in the above-captioned matter. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: ~lllM ta< 0.', gvvj By: ~.ltlt Craig A. iehl, EsqUire Supreme Court I.D. No. 52801 3464 Trindle Road Camp Hill, P A 17011 (717) 763-7613 ~ ~ '.<'~ "",'^,. . . . . " MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-8431-S-2000 CIVIL TROY A. WATT, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, the undersigned, hereby certifY that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Troy A. Watt 230 Old York Road Dillsburg, PA 17019 Robert G. Radebach, Esquire 107 Locust Street Harrisburg, PA 17102-2302 (Counsel for Plaintiff, Morgan Hahn) LAW OFFICES OF CRAIG A. DIEHL Date: 9/2. tJ / () B I , By:iff:J a~ L yA. ,Leg 3464 Toodle Road Camp Hill, P A 17011 (717) 763-7613 . ~~tMM~im ~~ ~, JI~ ..k." '''-;'i!L~f,'r.t;,'lliit.il~-~~ , , . , g 0 0 (.., "Tl s:.: ...'> .-4 -acr:: r" 'f.:f~p mrTI -'0 Z::!'1 2C' w -r) l~n (J) ~; 0 ~uy ~n 2c) < ~~ -0 ':I~ =+! ~C) ::;;: !J:::::;C> 0 /.':-m ::i>c ;'..:)1 .-'1 ~ ~ ~ ~ en ',~~_r~'.'~ 'M ~,~""',"~, ,,_J1I~ .~'" ", -.1 ,_ _, ~ _ . .......l!lik-i j SHERIFF'S RETURN - OUT OF COUNTY . 4 ... CASE NO: 2000-08431 P COMMONWEALTH OF PENNSYLVANIA: '::OUNTY OF CUMBERLAND .. HAHN MORGAN VS WATT TROY A 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: WATT TROY A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 5th , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Service Deputize York Co 18.00 9.00 10.00 9.30 51.20 97.50 01/05/2001 ROBERT G. RADEBACH S7~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this I(J-iz::... day ofq"'A'/ ;201'1 A.D. C)uf"- a J1", ff:../ ~ Prothonotary' ,=~---~,",,',.,--.-,= ~-"_ l'iOlII>I___""~'~'~l".-<-I_~~,~.,.~-" d" _" '~r. rlliia '~m -.~ "'"'''''''(r-. COUNTY OF YORK OFFICE ~F THE SHERIFF SERVICE CALL (717) 771-9601 2B EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN ~C ffi 20-8431 Civil 4. TYPE OF WRIT OR COMPLAINT 1. PLAlNTlFFIS/ Morgan Ha.hn 3. DEFENDANTIS/ Troy Watt SERVE { 5. NAME OF INDIVIDUAL. COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD. . Troy A. Watt . 6. A6DRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY, BORO, lWP., STATE AND ZIP CODE AT 2 Golf Course Rd Di .S 7. INDICATE SERVICE: 0 PERSONAL Cl PERSON IN CHARGE DEPUTIZE NOW 12/18/00 19 _I, SHERIFF OFJmllK York COUNTY to ex to law. This depulatlonbelng made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Not j.ce & Complai n t Cumberland ADVANCE FEE PAID BY ATTY NOTE ONLY APPUCABJ,.E ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman,' in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, dE.3struction, or removal of any property before sheriff's sale thereof. g. TY~_~N~~D'18~~N~~~IGINATOR and SIGNATURE 10. TELEPHONE NUMBER 1,. DATE FILED 912 N. RIVER RD., HALIFAX, PA 17032 (717) 896-2666 12/5/00 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice is to be mailed). CUMBERLAND COUNTY SHERIFF 16. HOW SERVED: PERSONAL ( ) SEE REMARKS 41.AFFIR E 44. Signature of De . Sheriff 45. Signature of York County Sheriff WILLIAM M. HOSE __ _ __ . ,- .Y~l'~bij 46. Signature of Foreign MY COMMI SION EXPIR~t_ ~ ' i. ,..#~ ~ cQ. Coun Sheriff 50.1 ACKNOWLEDGE'RECEIPTO~ Ttjli$HERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE. Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office 80 ~ ~ \J 23. Advance Costs }.Q 100.00 34. Foreign County Costs 42. day of 43. 1/2/01 49. Date 51. Date Received , ,> " ,-, ',' j.. COUN:rY OF YORK OFFICE!afE'.THE SHERIFF SERVICE CALL (717) 771-9601 '",' 2B EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT,and AFFIDAVIT OF RETURN 1, PLAINTIFF/51 Morgan Hahn ~. DEFENDANT/SI Troy Watt SERVE .{ 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. _.... Troy A. Watt 6. ADDRESS (STREETOR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE AT 2 Golf Course Rd D'. 1 '7 Q 7.INDICATESERVICE: i;lPERBONAL .C1 PERSON IN CHARGE DEPUTIZE. C11ST:CLASSMAlL C1P<lSTEO C10THER NOW.... 12/18/(;0' "',.;;",,' ~c.. '19.-. ....J,s~"I~()r~ ...;U!'lrv;PA:oUOl1~llYi'd~f.mifllt:ieliffof-; vhr 1< .. . 'CQPNTv to execute thiS Writ and mat" retl.lrn Ihereofaccording to law. This d"p...l.ltation being_de at. .the reql.lest and risk ofth.. plaintiff. .. , . . SHERIFF OF X~ll'lt( COUNTY 8. BPECIAL INSTRqc:nONSOR OTHERINFllRMATION THAT WILL ASSIST IN EXPEDITING SERVICE, Cum be r 1 and ADVANCE FEE PAID BY AT'l'Y NOTE qf\lLY APPLICABLE ON WRIT OF EXECUTION: N.B. 'WAIVER OF WATCHMAN" Any dep~htiiiff ~~Vy!~,g:I:l~~~.!.~~~!\Oy"pr6perty under within writ may leave sa~e, ,^:~iho~' a;watqnman. in,cust~y of whomever ,i~ found in possession, aft~r notifying, per~()':"c:;r'&1:'?!',f~Ohrne~~I"'Y ,on the part of such deputy or the sheriff to any plaintiff herem for any loss. destruction,' or removal of,-any property before shenff's sale thereof. ! ,,c-- ", -,' g. TY~~8tD_~r~~i\liNATO~fndSIG~ATI.IJ'lE .{, } jO. TELEPHONE.~UM~ER 11. DATE FILED 912 N.RtWR RD. ,HALIFA1C, PA 17032 . on} 896--2666 12/5/00 12, SEND NOTICE',OF SERVICE,'COPy TO, N~~E' AND ADDF:tESS"B.~~OW:,(r.hls area .must~be completed if nQticeo is ,to: be mailed). CUMBERIANO CDtlNTY SHERIFF SEE REMARKS Int. 22. REMARKS: ~f \ ..__/ ~ ",--:ti . t. , \.." '0 ,\J 23. Advance CQsts -'0 & " .' \ i, hl.'/' \ '\ 1/ J, -::: ,j" 3:,:,:,:::~A" ,. ""'" " 41. AFFIRMED andJHbscrib'ed ~o befurEfml?}hiS 2ND so ANSWER. 44, Signature of De ,Sheriff --- ,~", '"' ,,' ," 'l\li.'fn ' 45. Signature of York , ,_,,~_., 42. day of J"':~~ARt CounfySheriff .~.-.-:;,7'. ~/ ./...,J)/,.j./'J.l,.i. /?i:: '-ILL'~"'. ,., ",,..,,,,,C- /'//1 A ~- 43. " ,<//,f~ ..-~ ,/:,,/ W I Ml~,'...;,..:~"<"'q\~r.. ~/' /," , " , ./ '. Proth9Jl tary~" ry Pub' ./ 46. Sig~ ,of Foreign v MY COMMISSION EXPIRES L<.~. //...""un .Sheriff 50.1 ACKNOWLEDGE RECEIPTOF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE. Issuing Authority 2. PINK" Attorney 3. CANARY - Sheriffs o.~ice 4, BL.UE " Sheriff's Office -", .;7.0 Ie /,. 48, ate 1./2/01 'j-;;;",. '.. .. :... . . ,,,,.,,,'. l:,~~'W'ji!it~;;:~~~~y,;:;p,{;?i~~!.&*:~iJ;!~1~f;,y]Jf,;:;J;rJ,(<c'" 'f.) .- :; ,;' 'i; 'h' "I' T It , :& :Ii "':;0 :r-f-'Q !:"'NOl H 1>:1 "1Z:;O ~:;o"" HG) ",;;1:;0 :r-:;OE; :;01>:1 f-'OOl " :r- o n W :Ii N 1>:1 (fJ iO "~ -'~' ,. ,."- " ".,/ ;'k", (JWO~ '" ~ l:l i3O\iil~ '" ~-. ::I: ~CQ ;S? :::.:=:I>~ :- Q... ~ ~"c'"' ;J>:>;:Ii'~ -O::T ""'- 00. - - /r--?~ / <, /" '~~'" (;Iu \'/ \ /"\' "-........... -",/ --.- 1\\ .),1\\ "'0\~"\\\\,\ '" }c, \i:;Y\':] q, ,< \tJ-:";;Y ~-:.~ l!1 ;'.1 c.:) ~'~ (:::1 ,';; '.) (-) c: iil " 't:) (,'J --, "' (,~ 1\1 Co.",! .,f.:'..... .::~~L:~:~~~::~:~ --~ili:t$(i~i!;Ng@:'41i1P~-L.'4t;q'f1tU00t~;~1&%.%~tj;iWmJIj-:~ ?'t@,-ii~;:r4~i~3-~~iK~'Jl?Pf~1?~~,1%i@;>~'k~~~~~~??J,I~i'k[,31~d;'2d :;;~f[':;::"'~-~~:' I.,J "' r" ~ --;J- r'~ '" 1"!'"'"1 (;,l ,~ C) c_ c:3 (..) c',;,' ::; c.::) ::i ~ ,-" t~'::.'lY~""'~-;' b ,\\\.\ .,j ..~ \r,\:,';-:) ,<'{\ V\'(\\r ;f5-_..--.... \ " , - , ~-~/ ;'.l <~" .I G ") , ...:::...--/ - - "",0 .1::"'1- ~,!!!~~ ",C..!l"" ~ . "0"": ~<'2::= 0' elF-< :r: ~ 'iij $ e- '" 0" "" u'" -..] '" H o:l riI H Cl ,0:: (') H ,0:: 00:: UlU riI Ii< HO o:l rilUl HriI ClU H ,0:: Ii< Ii< (')0 H ;;2~ UH ~ M "<I' "<I' I .-4 .-4 o 1- .-4 Cl 0::,0:: rilll< H ~H HH O::H E-<o:l "<I'll< ~~ MU ... ~,;~,;}~;!f:;%'K{j~~-5{\~~q~~fifl;;~~tR?K~~&b{X<~l,;~X~ L '-I _'_' ~,__~ 1- J_'~_~~, ""' C'_'_T'.1l ".-_~ 1ilI!.1.?- .. " MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8431 CML TERM TROY A. WATT, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of ,2001, Defendant's Preliminary Objection is hereby SUSTAINED, and it is hereby ORDERED that Plaintiff should file an anlended Complaint in compliance with Pa. R.C.P. 1019(h) within twenty (20) days from the date of service of this Order. BY THE COURT: J. Mail copies to: Craig A. Diehl, Esquire Law Offices of Craig A. Diehl 3464 Trindle Road Calnp Hill, PA 17011-4436 Robert G. Radebach, Esquire 912 North River Road Halifax, P A 17032 <_lH,' "'.- ~ c_, _'~_'""_'-""__;" "C.,.-.'-~ , MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8431 CIVIL TERM TROY A. WATT, Defendant CIVIL ACTION - LAW PRELIMINARY OBJECTION AND NOW COMES the Defendant, Troy A. Watt, by and through his counsel, Law Offices of Craig A. Diehl, and files the following Preliminary Objection to the Plaintiffs Complaint: 1. Preliminarv Obiection for Failure to Conform with the Rules of Court. 1. Pa. R.C.P. lOl9(h) requires that, "A pleading shall state specifically whether any claim or defense set forth therein is based upon a writing. If so, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing. " 2. The allegations of Paragraphs 12, 13,14, 15, 16, and 18 do not comply with Pa. R.C.P. IOI9(h) because the Plaintiff states that statements for services were provided, however, no writings (statements) have been attached, and no explanation for its absence has been stated. WHEREFORE, Defendant, Troy A. Watt, respectfully requests this Honorable Court order the Plaintiff to attach the writings described in the Complaint or to provide an explanation for its absence. 1 Date: J:.ijOlnry 1,S- 'lcD/ I , " ,""'"-, .-" " .~ 1 -_"_~,'.L' C-._,_:.[ .., .^ -\,-~. , Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL By: CAAf-/J. Jr~u Craig A Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Defendant 2 L.oM . , - i ,,: .,; " '';''''0 '_j -: ~.'~;, >..~ ,,- ,.- o""~_~: ,. MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8431 CIVIL TERM TROY A. WATT, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this (}')~ day of January, 2001, the undersigned hereby certifies that a true and correct copy of the foregoing PRELIMINARY OBJECTION was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 LAW OFFICES OF CRAIG A. DIEHL BY~~gW ^",...t 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 - -" '=--, '"~U_" - - '"'~'~-'-~'" ~"",,"-C.--,-,.'. "" ,"-",,"r._ ~--~"=""'-"_, ~;, ,,,-.,.,;. < ',.' ,,,,,.,, , """b-,,,/. -"';"'-"':-;"'8ti.;:,,~,' "";;"""'i",,',,,-.~'; - ,c,'" --1OIil.l:~ ' - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MORGAN HAHN, Plaintiff No. 00-8431 s 2000 v. TROY A. WATT, Defendant CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER & COUNTERCLAIM 19. No reply is necessary to this averment. 20. Denied. On the contrary, Plaintiff avers that an oral contract existed between the Plaintiff and Troy A. Watt for the performance of the services which are the subject of the Complaint. Strict proof of the averment is hereby demanded. 21. Denied. On the contrary, Plaintiff avers that an oral contract existed between the Plaintiff and Troy A. Watt for the performance of the services which are the subject of the Complaint. Plaintiff further avers that whether or not Defendant owed a duty of care to the Plaintiff has no relevance in this proceeding. Strict proof of the averment is hereby demanded. 22. Denied. On the contrary, Plaintiff avers that at all times material to this action, he dealt with Troy A. Watt who failed to disclose that he was trading and doing business as Maximum Construction and Contracting, Inc. Strict proof of the averment is hereby demanded. , ~- ~-"""'~~-,~. - -,. "~-',,<~ c,,_ ~-_.,- '<_C_"~"" -~~ O' Y,,,,,- 0' "-~""''';;--'"''"'-lti",;",=,'''-..,','iL-.d.-c--J.i-*M~-''''[[';'' ^-;.~,- ~" __ I L 23. Although this averment sets forth a legal conclusion which does not require a response, to the extent that the Court deems a response necessary, Plaintiff avers that there was a valid binding contract between the parties and Plaintiff performed his duties under the contract although Defendant did not. 24. Although this averment sets forth a legal conclusion which does not require a response, to the extent that the Court deems a response necessary, Plaintiff submits that Defendant's conduct was in no way justified due to the fact that Plaintiff performed as agreed to in the oral contract between the parties. 25. Denied. On the contrary, Plaintiff avers that he contracted with Troy Watt for the various work completed. 26. Denied. On the contrary, Plaintiff avers that he completed the work which was agreed upon. Strict proof of the averment is hereby demanded. 27. Denied. On the contrary, Plaintiff avers that he completed the work which was agreed upon. Strict proof of the averment is hereby demanded. 28. Denied. On the contrary, Plaintiff avers that the work performed was done in a good and workmanlike manner and that there was no complaint from the Defendant until after this action was commenced and after the Complaint was served upon the Defendant. Strict proof of the averment is hereby demanded. 29. Denied. On the contrary, Plaintiff avers that the work performed was done in a good and workmanlike manner and that there was no complaint from ,-"~"---- ,,, ~ "~'~'r.'~' ,"'"'-k-,""",".'l_~'-_""c- cd ,-_";;,,, :"",;:,,,"'" ,;-:',1.:~t-,'-- ,/;':; j,,;:'--' ;'-;r'-'L:::,,~:r_;.;. "'-'_,~j,--,,",j-'--1,;'-~-~L"-.'--:;>~;:,;--~,-;':;';';':i:!,:;;~::,,;Ji~-'-;,,_<,:_,'__ ~,;'_"~~ ' the Defendant until after this action was commenced and after the Complaint was served upon the Defendant. Strict proof of the averment is hereby demanded. 30. Denied. On the contrary, Plaintiff avers that the contract that existed for the work at the farm show exhibit was a legal and binding contract for which Defendant owes Plaintiff consideration for the work completed, which was completed in a good and workmanlike manner. 31. Denied. On the contrary, Plaintiff avers that all services performed were performed in a good and workmanlike manner and that the Defendant was not in any way financially damaged by the work performed by Plaintiff. WHEREFORE, Plaintiff respectfully requests that the Court dismiss the Defendant's New Matter and Counterclaim and enter judgement in favor of Plaintiff and against Defendant. Robert G. Radebach, Esquire Attorney for Plaintiff 912 North River Road Halifax, P A 17032 (717) 896-2666 I.D. No. 19255 -= ,."" ;r,.,"", ?<---,-,-~ - ',' ~,' - -- "_L" "" ,_~' .,' ,_. h" ~.."-" ,", "h_ '~.H """~"_!i~;''''_''''''' ""_',,,',i ','"__ _~O;J.'_ ,'," _1''''''.' ~-"'" .:- .>,. ~. F'.I. ''''",l''').__,__i,. _,~, :.. . . I verify that the statements made in this Reply to New Matter & Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of18 Pa. C.S.A. g4904 relating to unsworn falsification to authorities. Dated: 5 - 31 - <:> \ ~ .'2t;;fZ - Morgan Hahn - -"C-;L , . ":-" ," " ,-j, '--","-.',",',' :< . ;;~~~:- ~ , ; MORGAN HAHN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8431 CML TERM TROY A. WATT, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of ,2001, Defendant's Preliminary Objection is hereby SUSTAINED, and it is hereby ORDERED that Plaintiff should file an amended Complaint in compliance with Pa. R.C.P. 1019(h) within twenty (20) days from the date of service of this Order. BY THE COURT: 1. Mail copies to: Craig A. Diehl, Esquire Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011-4436 Robert G. R~debach, Esquire 912 North River Road Halifax, P A 17032 ~ ~ ~~ , I , "., ~-. ,;, '~~ . .,~;';';'-",,,,~,;.c, - , , .',--'< .. MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8431 CIVIL TERM TROY A. WATT, Defendant CIVIL ACTION - LAW PRELIMINARY OBJECTION AND NOW COMES the Defendant, Troy A. Watt, by and through his counsel, Law Offices of Craig A. Diehl, and files the following Preliminary Objection to the Plaintiffs Complaint: I. Preliminary Obiection for Failure to Conform with the Rules of Court. I. Pa. R.C.P. 1019(h) requires that, "A pleading shall state specifically whether any claim or defense set forth therein is based upon a writing. If so, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing. " 2. The allegations of Paragraphs 12, 13, 14, 15, 16, and 18 do not comply with Pa. R.c.P. 1019(h) because the Plaintiff states that statements for services were provided, however, no writings (statements) have been attached, and no explanation for its absence has been stated. WHEREFORE, Defendant, Troy A. Watt, respectfully requests this Honorable Court order the Plaintiff to attach the writings described in the Complaint or to provide an explanation for its absence. 1 - I ~""-, ;,.:,;,. ., ., . ~"-'~~Ji ... . ~' Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: J:.~uAr'/ 3.5: 1110 I I By: c.~(t!LJ..l Craig AUDiehl, EsqUIre 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Defendant 2 , -~ . . c." _'" "<-''',~ . ;.' MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8431 CIVIL TERM TROY A. WATT, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this ;)i)#t day of January, 2001, the W1dersigned hereby certifies that a true and correct copy of the foregoing PRELIMINARY OBJECTION was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 LAW OFFICES OF CRAIG A. DIEHL By: elen E. mussen, Legal Assistant 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 , ,.". I, I ,'-"", i I ., '''v ,,', .' _o,-.,,~ ~J ... MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8431 CIVIL TERM TROY A. WATT, Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned as the attorney of record for the Defendant, Troy A. Watt, in the above-captioned case. LAW OFFICES OF CRAIG A. DIEHL Date: January 24, 2001 By: C~.lLd Craig A DieW, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Defendant ~ - i Ii. J~ f' , > :G; '~",: <"\:""k'" I. . ""'''' ,~ .",-" -~\;-'-. >,"' ,,',.. ~iif" ,.. MORGAN HAHN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8431 CIVIL TERM TROY A. WATT, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 24th day of January, 2001, the undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 LAW OFFICES OF CRAIG A. DIEHL BY~~ - 1felen B. asmussen, Legal Assistant 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 ._"-,' ".<; ',-''''''-'', '-'"-,, h_. "", 0 ',"-,'.,"~,.'ii-l!. G~' ::',~,::\A::'. "-"..;' " ".~,~- .-, -" ''''- ,6 -" .'''~, ",", f--~ ;/,'_.A ';;;;~~="-_;':';-;";-'l,,,';;;.c,i,;i~: -,_.~ :~,,<'1i"~' e' "".:",: d,';-~r".-i.,-,'; ': IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORGAN HAHN, Plaintiff No. 00-8431 s 2000 v. TROY A. WATT, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this &~~y of February, 2001, I, Robert G. Radebach, Esquire, Attorney for Morgan Hahn, hereby certifY that I served a copy of the Amended Complaint in the above-captioned matter upon Craig Diehl, Attorne W , day 24'" of February, 2001, by depositing the same in the Unit tates Ma', ostage prepaid, in the post office at Harrisburg, Pennsylvania, add ssed as fo s: Attorney Craig Dieh 3464 Trindle Road Camp Hill, P A 17011 odebach, 107 Locust Street Harrisburg, PA 17101 (717) 234-6655 I.D.# 19255 "' "~." c " 'I " -- """'.''- J ,-"" ..__ ,~ _"'""~ NO~(Ln /--!(thn, 'Plx,n b pP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IfO:J v, A - \tv O-:tt \ ~ckont ~ NO. t() - 8q~) eMt, o -t9- 2...600 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS ~ THE HONORABLE'(0 JUDGES OF SAID COURT: . DI:::::>t::eY1- b. 'fu('~Jlt;.c~('Ih counsel for th~~defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 15) \ to '8' I 89 The counterclaim of the defendant in the action is WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) submitted. ORDER OF COURT ,-Ul~ .3, in consideration of the \ Esq., /J1W<:' ~ v..u u , Esq., are appointed arbitrators in the above captioned action (or Esq., and actions) as prayed for. BY~C~...~.., 'I ,,) PJ. . _"I "~-" 'C' "'"-"_M"'<_'~'~'~~!~_~_^="="~_"" (~:;:- ;; t<~ CUh/:~:,:~r-""F" '-:,'; cn'::;\i'\'I(::,v'l\!bi\i1t\ I ;"'1; \V ~ .d\' \1 F ':}- r-^, <2 I to p ...r-- <( ~ '7 \.F:J Vi ":::? - ~ - ~~ ::::J ~ r- <,)- C'-.J (/) -7 ", c...; / ~ ,- :c::;-~ ~ OL ~J l_U ~ U_' 'J~G_ V' ,::"-, :::J ,:::')- C) ~, ~ _~~1.fu.~, ~4~"," ,=_,-. ,_,""".,~r -."111n V)~ ~ '-" ",~,~,",__.'" J .4't*,~'fuS'~#-';!-ji~'I;,~,m''!''r.7''''''1?"w-,R'))'~~'''!1'*''''~~i~_~~!~!'l!F1~~1~ "''''''"'''' ,-'-->- , ..I, , J _~ >,r~L,'-"_~ '-~~'~.: . IN THE COURT OF COMMON PLEAS ", CUMBERLAND COUNTY, PENNSYLVANIA MORGAN HAHN, Plaintiff No. 00-8431 s 2000 v. TROY A. WATT, Defendant CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER & COUNTERCLAIM 19. No reply is necessary to this averment. 20. Denied. On the contrary, Plaintiff avers that an oral contract existed between the Plaintiff and Troy A. Watt for the performance of the services which are the subject of the Complaint. Strict proof of the averment is hereby demanded. 21. Denied. On the contrary, Plaintiff avers that an oral contract existed between the Plaintiff and Troy A. Watt for the performance of the services which are the subject of the Complaint. Plaintiff further avers that whether or not Defendant owed a duty of care to the Plaintiff has no relevance in this proceeding. Strict proof of the averment is hereby demanded. 22. Denied. On the contrary, Plaintiff avers that at all times material to this action, he dealt with Troy A. Watt who failed to disclose that he was trading and doing business as Maximum Construction and Contracting, Inc. Strict proof of the averment is hereby demanded. cli;' I ~, I__i.. - - .,', ~ --, ' "- " "'Wi: ) 23. Although this averment sets forth a legal conclusion which does not require a response, to the extent that the Court deems a response necessary, Plaintiff avers that there was a valid binding contract between the parties and Plaintiff performed his duties under the contrac!t although Defendant did not. 24. Although this averment sets forth a legal conclusion which does not require a response, to the extent that the Court deems a response necessary, Plaintiff submits that Defendant's conduct was in no way justified due to the fact that Plaintiff performed as agreed to in the oral contract between the parties. 25. Denied. On the contrary, Plaintiff avers that he contracted with Troy Watt for the various work completed. 26. Denied. On the contrary, Plaintiff avers that he cOII\IRleted the work which was agreed upon. Strict proof of the averment is herepy demanded. 27. Denied. On the contrary, Plaintiff avers that he completed the work which was agreed upon. Strict proof of the averment is hereby demanded. 28. Denied. On the contrary, Plaintiff avers that the work performed was done in a good and workmanlike manner and that there was no complaint from the Defendant until after this action was commenced and after the Complaint was served upon the Defendant. Strict proof of the averment is hereby demanded. 29. Denied. On the contrary, Plaintiff avers that the work performed was done in a good and workmanlike manner and that there was no complaint from 1;;.'- ~. " ~ - ~~, ~ - ..ol - "'''' .-, ""-'illl:/i!tlji; ) the Defendant until after this action was commenced and after the Complaint was served upon the Defendant. Strict proof of the averment is hereby demanded. 30. Denied. On the contrary, Plaintiff avers that the contract that existed for the work at the farm show exhibit was a legal and binding contract for which Defendant owes Plaintiff consideration for the work completed, which was completed in a good and workmanlike manner. 31. Denied. On the contrary, Plaintiff avers that all services performed were " performed in a good and workmanlike manner and that the Defendant was not in any way financially damaged by the work performed by Plaintiff. WHEREFORE, Plaintiff respectfully requests that the Court dismiss the Defendant's New Matter and Counterclaim and enter judgement in favor of Plaintiff and against Defendant. Roert . Radebach, Esquire Attorney for Plaintiff 912 North River Road Halifax, P A 17032 (717) 896-2666 I.D. No. 19255 FROM RECORD , l RUE C?P~ IlUJIll Ul1to $&trl)' naoC In 1esl;\11OOV ~~[ ;., '11 at Carlisle. Pa, ".r:.Jj trlll seal 01 ,,3k1 ~c"'~. ~l-;;c ., . J-l ~fMJ~V-r~ 7);,2 : (\!8=_----7-----;'-....: " ,.~, /77 ,~ , .... ", ~ " ~;<,~', -- - -e-.'-- , C~, ~ I verifY that the statements made in this Reply to New Matter & Counterclaim are true and correct IUlldmtnnd thnt fnlse statements hefein nre mnde subject to the penalties ofl8 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: 5- 31 - () l ~::J:.~ - Morgan Hahn ..........f :- ,-~ i 'J MORGAN HAHN, v. TROY A. WATT, ,-, "'iO, >"-$j-;"",~rr( ':n:~;t?0:fff:~g;',,'/'-'>}' "---'-", ')-,,_""-"''',;_i___,,; ""3,;! - >.:j ",,,;,,,,'i'~-'--,"_ " ,_" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8431-S-2000 CIVIL Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 8th day of October, 2003, the undersigned hereby certifies that a True Copy from Record of the RULE dated October 2, 2003 was served upon the interested parties by way of United States first class mail, postage prepaid, addressed as follows: Troy A. Watt 230 Old York Road Dillsburg, PA 17019 (Defendant) Robert G. Radebach, Esquire 107 Locust Street Harrisburg, PA 17102-2302 (Counsel for Plaintiff, Morgan Hahn) LAW OFFICES OF CRAIG A. DIEHL Byj~ . ')relen E. ,smussen, Legal Assistant 3464 Trindle Road CampHill,PA 17011-4436 (717) 763-7613 :,'11 j-':',) i.-:~-'l'-,,;-j 1'''''-. "",,",,---,,,-.-, ,..,- ,,:-,- , ,~::-,-_- "'0_'--",; ,,--,., ','_ ',- n"- ,'_ _, ,,' 'L'~.diJjf,~;i ,~y'-; ";'0" ':~::,~:~C, 'f'--<"; ~"_4:,~,'." i': "':bltl~~'i~;;;S~ " "~ ., ~, ,~_ _, "",,_..,.~ ,- . ,~,' ..,~ "",;,1 " ,. _ __ "",~",,--,-,,I _,~,~,_ ~,_ ,_N, _I >~ j 0 i::::' 0 I c . , ~. '''7-; ~ C) "lJOJ C) -n 9? ~}: '-'1 -- ?Qt , ~~ ! t..o ~':-:- Q '"TJ '~:-l~~ Zf,:,~ ~O r. C~rn c: 7 -< ~ :;;:~ rv :0 ..< ~ '" , MORGAN HAHN, Plaintiff v. TROY A. WATT, Defendant AND NOW, to wit, this \l1f, -. -~, ,. '.-, ',"0- _-"'-'.', ""''''--<0''",. .. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 00-8431-S-2000 CIVIL : CIVIL ACTION - LAW ORDER day of --1J.)". -~ , 2003, upon consideration of the Petition to Make the Rule Absolute it is hereby ORDERED and DECREED that the Petition is GRANTED and Craig A. Diehl, Esquire and the Law Offices of Craig A. Diehl are permitted to withdraw as counsel of record for Defendant/Respondent in the above referenced matter. $ R~s 11-13.~ BY THE COURT: ;..,-'~ "'fEI I I , I I , I I I I , I , ,I I 'I 'I , I I :1 , II II !I 'I ;1 ,I ,j 'I 'I I i II " 'i il " " II 'I I I i I I ~ j:l , I~ ~ ~ ." riLEG-():CFiCE OF ~~:::~:)TH():' ,~0TAfiY f"'J >.'n.I.'. I 'J, r J...J r-. ,'" ... f_l;,~ f). t"i'~ , ..., ." ,J' l,l;.. CUfviH':..>.,. ' (,; "I"" '.....I~1 \l-t'''.,\c.~' \..-'v..Jf\JII PENNSYLW\NiA lWlIilI,'WM!]T - _~'I .-,. N. """-' .. ~ '~"~ - ~ , _~,-,=--"-",~'~'~O,,,,-",'~ "'_~___'-_ ~~~~~~~I!!i' ,. ~-- -.' I" ' . ..._ ,--~ , ,',..;'.,:;;'1_<'",,_--" -_" :;j;,;J,,,',--'-,/: i..,,,.II'b,: , ... MORGAN HAHN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 00-8431-S-2000 CIVIL TROY A. WATT, Defendant : CIVIL ACTION - LAW PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Craig A. Diehl, Esquire, attorney for the above-named Defendant, Troy A. Watt, and petitions this Court to make absolute the Rule of the Honorable Judge J. Wesley Oler dat\:d October 2, 2003 respectfully stating and support thereof the following: I. Petitioner, Craig A. Diehl, Esquire, and the Law Offices of Craig A. Diehl, (referred to as "Petitioner") filed a Motion to withdraw as counsel on September 30,2003. Respondent, Troy A. Watt, (referred to as "Respondent") is the defendant in the underlying civil proceeding and he was served via first class mail, postage prepaid, on October 8, 2003, as per the Certificate of Service filed on October 9, 2003. 2. Robert G. Radebach, Esquire, counsel for Plaintiff, Morgan Hahn, was also served by first class mail, postage prepaid on October 8, 2003. 3. The Rule dated October 2, 3003 required a response within fifteen(15) days of service of the Rule. 4. To date, the time limitations of the Rule have expired and no party has filed an objection to Petitioner's Motion to Withdraw as Counsel. 5. Petitioner now seeks to make his Rule absolute. ....~~, . .. ~ .. WHEREFORE, Petitioner respectfully requests that your Honorable Court enter an Order making the Court's Rule dated October 2,3003, absolute and permitting Craig A. Diehl, Esquire and th,e Law Offices of Craig A. Diehl to withdraw as counsel of record for Defendant/Respondent in the above captioned matter. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: !J"U.H&U- j, ~'o1 By: ~J.L Craig A iehl, Esquire 3464 Trindle Road Camp Hill, PA 17011 (717)763-7613 Attorney ID No: 52801 - ~ ~} , .. . MORGAN HAHN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 00-8431-S-2000 CIVIL TROY A. WATT, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Troy A. Watt 230 Old York Road Dillsburg, P A 17019 Robert G. Radebach, Esquire 107 Locust Street Harrisburg, PA 17102-2302 (Counsel for Plaintiff, Morgan Hahn) LAW OFFICES OF CRAIG A. DIEHL Date: III;.J/o~ I I BylJ~ a~ acy . ay, I.:ega ssistant 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 :.c -~ -. iIllili:i:itJi" - '" ~, ~~""~ .. "', . ,.r .'_<" .,II.!, ,'~ , ," " ...u 00_'" ,,' '.',"--, ~.. ,~~ ,'-~~ .. ... (') 0 0 C (...) "T1 :s: Z -orn 0 --i'J rn IT' ~:: i;::::'; ;-:-::::r' I =-rfTI --"r' (7))- C.n '"'7 .:<::;,:; '::1(:; !;2C --0 ----'-->,i --'---n ~r, - ::)- ~ ~-..C) ~c, W (..)1"1'1 5>-c 2; ':::> ~ :~ c...> ~ ~" ,~- 'J MORGAN HAHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN8YL VANIA vs. NO. 00-8431-8-2000 , CIVIL TERM TROY A, WATT, Defendant OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this commv.alth and that w. e will discharge the duties of >: o~ffics... with fidelity. /) ~ ~ .. >-: ames D. ar, Esquire UJQ M :.., ~ :l!:: 0.:% 1->--.- 0- C)~ 5:'-'-r=: "J> o M ~~ 4~ au: ;"::,-,.f';; ~; ~ fij,~ ~ 1-- :c ~CL. ~ ~ ::; AWARD ""We;-:'the undersigned arbitrators, having been duly ppointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ~wa.n4m Pla.wI~~'fi.,~i2 ~~J?,. ~ICl.I5lG1V ~ ~~f ~ cio..t<<.4t9f~ t-eh ~ ~ \.~ (p.L-~ ~1e~~...&etj"wJ "'~IJ"~f~:htf. ~ l~" . Arbitrator, dissents. (insert name if licable. Date of Hearing: ~ ~l~ Date of Award: ~ c9'tlI)OO4f ~ NOTICE OF ENTRY OF AWARD Now, the /.3 day of ~ ' 20~ at 3:~ P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Artibitrators'compensation to be /5/ ~A'1 7,/ ~~ Paid upon appeal: Prothonotary $ 290.00 By: 1t~ .e..~. 95 eputy .~~"f~. '<' ','. ........_.11I1" 'U". "~,"'-- -" OlliI~"iilfi'iil~liH<!iii.H!!~Ji:ii.~ ",-~--,->>-" ,,~, ,,~ " Irr~ "~I I I .s'/~"Oq t~ ~~~~ r.~ c~l~cl.,~~ ... tJ-... IJ. f3r. 1-' ~,,'7S IW,~""~/211.,,.,m Jaw- q. ~ r:.. - ",.fl lv' ~'- "p. ~ =..r , C. ,,,~ Ck.c~ lv, 13~. ~(. c'ilJ:Jo ~ M. ..ft-, jof /ru.~ ,rl. 170:)':J' ',I. \ :1 " i~1 C, '1/J.IJ!o.y, ~, " ~~ M~'~.."= . _~ u ,J! 1J(I,~ul . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORGAN HAHN, Plaintiff Vo TROY A. WATT, Defendant No.60-- ~'c/3~ ~ 2000 CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with 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 Petition or for any other claim or relief requested by the Petitioner. 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. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORGAN HAHN, Plaintiff V. TROY A. WATT, Defendant No. S 2000 CIVIL ACTION -LAW NOTICIA Le han demandado a usted en la corte. Se usted quiere defendense de estas damandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier gueja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propidades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENA ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORGAN HAHN, Plaintiff V. TROY A. WATT, Defendant No. o~0- t 5' 3 t St 2000 CIVIL ACTION - LAW COMPLAINT Plaintiff Morgan Hahn is an adult individual residing at 115 Millers Gap Road, Enola, Pennsylvania 17025. Defendant Troy A. Watt is an adult individual residing at 5010 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17055. Plaintiff and Defendant entered into an oral contract for services provided by Plaintiff to Defendant at Lot No. 25, Jarlin Farms, Forttma, Enola, Pennsylvania. Plaintiff and Defendant entered into an oral contract for services provided by Plaintiff to Defendant at Lewisberry, Woodbum, Lot No. 34. Plaintiff and Defendant entered into an oral contract for services provided by Plaintiff to Defendant for snow plowing. Plaintiff and Defendant entered into an oral contract for services provided y Plaintiff to Defendant for a Farm Show Exhibit. The services rendered to the Defendant for Lot No. 25 Jarlin Farms were completed on or about March 10, 2000 with a total balance due of $5,848.:50. The services rendered to the Defendant for Lewisberry, Woodbum Lot No. 34 were completed on or about January 28, 2000 with a total amount due of $4,377.00 The services rendered to the Defendant for snow plowing were completed on or about February 19, 2000 with a total amount due of $2,915.00 10. On March 8, 2000, Defendant made a payment of $385.00 by check number 1128, which was credited to the snow plowing services leaving the remaining unpaid balance of $2,530.00. 11. The services rendered to the Defendant for the farm show exhibit were completed on or about February 23, 2000 with a total amount due of $260.00. 12. Defendant was presented with a statement for services rendered on each of the job sites after the work had been completed. 13. Plaintiff rebilled Defendant for the services provided at Lot 25, Jarlin Farms on March 31, 2000 and May 1, 2000 with interest added at the rate of 1.5% per month. 14. Plaintiff rebilled Defendant for the services provided at Lewisberry, Lot No. 34, Woodbum on March 4, 2000, March 31, 2000, and May 1, 2000 with interest added at the rate of 1.5% per month. 15. Plaintiffrebilled Defendant for the snow plowing services on March 31, 2000 and May 1, 2000. 16. Plaintiffrebilled the Defendant for the services provided for the farm show exhibit on March 31, 2000 and May 1, 2000 with interest added at the rate of 1.5% per month. 17. As of May 1, 2000, the Defendant owes the Plaintiffs total of $13,168.89 for services rendered. 18. From and after the services were rendered and statements presented, Defendant has failed and refused to make further payment to the Plaintiff despite repeated requests and demands to do so. WHEREFORE, Plaintiff demands judgment against the Defenda~ $13,168.89 together with interest thereon at the rate of 1.5°/o p~ mont/h//a.,¥d all costs/gl/ suit. 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D. No. 19255 I verify that the statements made in this Complaint are tree and correct. 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. Dated: II- ..3- oo Morgan Hahn SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-08431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HA3{N MORGAlq VS WATT TROY A R. Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT WATT TROY A but was unable to locate Him deputized the sheriff of YORK serve the Sheriff or Deputy Sheriff a diligent , to wit: in his bailiwick. County, within COMPLAINT & NOTICE who being search and He therefore Pennsylvania, to On January 5th , 2001 attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Service 9.30 Deputize York Co 51.20 97.50 Ol/OS/2OOl ROBERT G. RADEBACH Sworn and subscribed to before me this /~-- day of<~,~ ~h'~/ A.D. Prothonotary~ this office was in receipt of the s R. Thomas Kline Sheriff of Cumberland County COUNTY OF YORK OF:FICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN SERVICE CALL (717) 771-9601 1. PLAINTIFF/S/ 2. COURT NUMBER 2 0 -- 8 4 3 1 C iv i 1 MO rsa[~ Hah~ 4. ~PE OF WRIT OR C~P~INT 3. DEFEND~T/~ Not~ce ~ Co~p].a~nt · ~oy ~att 6. ADDRESS (STREET O8 RFD WITH BOX NUMBER, APT NO., Cl~, ~RO, ~P., STATE AND ZIP CODE AT 2 Golf Course Rd. Dillsb~g, PA 17019 ~ 9 I, S~E~IFF OF~K~~heriff of NOW ]2/18/00 York ~ COUN~ to ex¢~~, d,~f ~cordinG to law. This depu~lon ~ln~ msde st the ~quest and risk of the plaintiff.~~s. ~ ~,~ ~ o ~ ~ c o u ~ · v ADVANCE FEE PAID BY ATTY NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAWER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wdt rr~y leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pad of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TY Pi~(~ r~ N I~A. DI~I~ .R N ~Y,~R.I Gl N ATe R and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED 912 N. RIVER RD., HALIFAX, PA 17032 (717) 896-2666 12/5/00 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if Notice is to be mailed). C~ERLAND COUNTY SHERIFF 13. I acknowledge receipt of the wdt or complaint as indicated above. J. ~JJDWIG 16. HOW SERVED: PERSONAL( ) RESIDENCE~~ POSTED ( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 17. [3 I hereby certify and tatum a NOT F~O.,J J~ because I am u~a~Je,{o locate the indNIdual, company, corporation, etc, named above. (See remarks below.) 18,,NAME AND~ TITLE OF IND. IVIDUA[.~'EI~e'ED ~UST~FI)RE,~S H.~RE IF NOI~ SH.J~.~/N ABOVE (Relationship to Defend&nt) 119. Date of Sewicel 20. ~me of Service 22. REMARKS: ¢---, 23. AdVaNCe Costs 24. SecviceCo~ts 25. N/F 26. Mileage 27. Postage 28. SubTota149o20 29. Pound 30. NotaryFee2.00 31.Surcharge 100.00 18.00 31.20 34. Foreign County Costs / 35. Advance Costs 36. Service Costs 37. Notary Ce~. 38. Mileage/Postage/N.F. 39. Total Costs / rothejag~%,~ry_Pub4~'_ ~ 46, Signature of Foreign MY coaa~mON EXPERL=s ~, C'/"~2g:~ ~ ~,=:=~ Cou.ty Sberi. S0.~ ACKNOWLEdGe ~ECEtPT OF T.~ SaERfFr'S REm.. S~GN^TU.E 40. Cost Due or Refund 48. Date 1/2/01 49. Date 51. Date Received MORGAN HAHN, Plaintiff TROY A. WATT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8431 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned as the attorney of record for the Defendant, Troy A. Watt, in the above-captioned case. LAW OFFICES OF CRAIG A. DIEHL Date: January 24, 2001 By: Craig Al/Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Defendant MORGAN HAHN, : Plaintiff : _. V. : .. TROY A. WATT, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8431 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 24th day of January, 2001, the undersigned hereby certifies that a tree and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 LAW OFFICES OF CRAIG A. DIEHL By: -- gal Assistant 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 MORGAN HAHN, : Plaintiff : .. V. .' TROY A. WATT, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8431 CIVIL TERM CIVIL ACTION - LAW PRELIMINARY OBJECTION AND NOW COMES the Defendant, Troy A. Watt, by and through his counsel, Law Offices of Craig A. Diehl, and files the following Preliminary Objection to the Plaintiff's Complaint: I. Preliminary Objection for Failure to Conform with the Rules of Court. 1. Pa. R.C.P. 1019(h) requires that, "A pleading shall state specifically whether any claim or defense set forth therein is based upon a writing. If so, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing." 2. The allegations of Paragraphs 12, 13, 14, 15, 16, and 18 do not comply with Pa. R.C.P. 1019(h) because the Plaintiff states that statements for services were provided, however, no writings (statemems) have been attached, and no explanation for its absence has been stated. WHEREFORE, Defendant, Troy A. Watt, respectfully requests this Honorable Court order the Plaintiff to attach the writings described in the Complaint or to provide an explanation for its absence. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: Craig A//Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Defendant MORGAN HAHN, : Plaintiff : Vo -' TROY A. WATT, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8431 CIVIL TERM CML ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this r~-4/a day of January, 2001, the undersigned hereby certifies that a tree and correct copy of the foregoing PRELIMINARY OBJECTION was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 LAW OFFICES OF CRAIG A. DIEHL c-l~elen E.X-Ragmussen, Legal Assistant 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORGAN HAHN, Plaintiff Vo TROY A. WATT, Defendant : No.0 - s 2000 CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with 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 Petition or for any other claim or relief requested by the Petitioner. 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. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORGAN HAHN, Plaintiff No. (2g)- q6l s TROY A. WATT, Defendant CIVIL ACTION - LAW 200O AMENDED COMPLAINT Plaintiff Morgan Hahn is an adult individual residing at 115 Millers Gap Road, Enola, Pennsylvania 17025. Defendant Troy A. Watt is an adult individual residing at 5010 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17055. Plaintiff and Defendant entered into an oral contract for services provided by Plaintiff to Defendant at Lot No. 25, Jarlin Farms, Fortuna, Enola, Pennsylvania. Plaintiff and Defendant entered into an oral contract for services provided by Plaintiff to Defendant at Lewisberry, Woodburn, Lot No. 34. o Plaintiff and Defendant entered into an oral contract for services provided by Plaintiff to Defendant for snow plowing. Plaintiff and Defendant entered into an oral contract for services provided y Plaintiff to Defendant for a Farm Show Exhibit. The services rendered to the Defendant for Lot No. 25 Jarlin Farms were completed on or about March 10, 2000 with a total balance due of $5,848.50. The services rendered to the Defendant for Lewisberry, Woodbum Lot No. 34 were: completed on or about January 28, 2000 with a total amount due of $4,377.00 The services rendered to the Defendant for snow plowing were completed on or about February 19, 2000 with a total amount due of $2,915.00 10. On March 8, 2000, Defendant made a payment of $385.00 by check number 1128, which was credited to the snow plowing services leaving the remaining unpaid balance of $2,530.00. 11. The services rendered to the Defendant for the farm show exhibit were completed on or about February 23, 2000 with a total amount due of $260.0(}. 12. Defendant was presented with a statement for services rendered on each of the job sites after the work had been completed. 13. Plaintiff rebilled Defendant for the services provided at Lot 25, Jarlin Farms on March 31, 2000 and May 1, 2000 with interest added at the rate of 1.5% per month. 14. Plaintiff rebilled Defendant for the services provided at Lewisberry, Lot No. 34, Woodburn on March 4, 2000, March 31, 2000, and May I, 2000 with interest added at the rate of 1.5% per month. 15. Plaintiff rebilled Defendant for the snow plowing services on March 31, 2000 and May 1, 2000. 16. Plaintiffrebilled the Defendant for the services provided for the farm show exhibit on March 31, 2000 and May 1, 2000 with interest added at the rate of 1.5% per month. 17. As of Ivlay 1, 2000, the Defendant owes the Plaintiffa total of $13,168.89 for services rendered, see invoices and re-bills attached hereto as Exhibit A. 18. From m~d after the services were rendered and statements presented, Defendant has failed and refused to make further payment to the Plaintiff despite repeated requests and demands to do so. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $13,168.89 together with interest thereon at the rate of 1.5% per month and all costs of Robert G. Radebach, Esquire Attorney for Plaintiff 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D. No. 19255 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: Morgan Hahn Sold By Terms F~O.B. DESCRIPTION . PRICE ORDERED SHIPPED Date UNiT AMOUNT, ~ a~ o~oioc ,INVOICE ~"~o,c,~ ,?,~ z~o~ I ~-..~_Oo AMOUNT City, State, Zip Ship To Address City, State, Zip Customer Order No. ORDERED SHIPPED ~1 ~/'~ q 472576 Sold By Terms F.O.B. DE~CRIP~ON JO"i~--$/- ?? PRICE UNff AMOUNT ,.~0 ,0o ~0 ',0o INVOICE Address City, State, Zip Ship TO Address City, Stale, Zip Customer Order No. ORDERED SHIPPED ~725!8 INVOICE ~-'~' ~'~ "~°~ '~°'~ Sold To 5hip To Addre~ Ci~, State. Zip Customer Order No. Sold By ORDERED SHIPPED DESCRIPTION PRICE INVOICE Sold To Address City, State, Zip Ship To Address City, Stale, Zip Customer Order NO. ORDERED SHIPPED Sold By Terms EO.B. DESCRIPTION PRICE 472518 ~ ~oioo 3~o?o aTo} oo i Oo ~0~ ~oo~ oo ~yo', DC ~15~oo ~qoo ,~7. oD City, SLete, Zip Address City, State, Zip Customer Order No. ORDERED SHIPPED r~ DC5848 PRICE ~Nff: A~MOUNT So :oo &o ',oo INVOICE Address City, State, Zip State, Zip Customer Order No. Sold By ORDEREO SHIPPED DESCRIPTI.O ~N PRICE UNIT~ AMOU~NT INVOICE Addros~ l~ 778!0 City, State, Zip Ship To City, State, Zip Customer Order No. ORDERED 'SHIPPED ~-~ -00 · ,~ -~, - oo ~,N~ems DC5848 /~72818 C~, State, ~'rooolcE,: ~ ZT_.IO001C~ : d~ :). ~oqO.OO ~ q'v~ ~03 ~ 55o. oo ]3%00 ,3-'-/~ 0 O 3-3/- oo /0-'o ~ 5 ~ 7'~ ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORGAN HAHN, : Plaintiff : V. : : TROY A. WATT, Defendant No. 00~8431 S 2000 CIVIL ACTION -LAW CERTIFICATE OF SERVICE AND NOW, this c~ay of February, 2001, I, Robert G. Radebach, Esquire, Attorney for Morgan Hahn, hereby certify that I served a copy of the Amended Complaint in the above-captioned matter upon Craig Diehl, Attomey-forTroy~~ day 24ra of February, 2001, by depositing the same in the Unit/e~t~(~tes Ma/il~ostage prepaid, in the post office at Harrisburg, Pennsylvania, a~e~sed a~s~// Attorney Craig Dieh! 3464 Trindle Road,' Camp Hill, PA~ Ro ,b~_~l~adebach, 107 L'6cust Street Harrisburg, PA 17101 (717) 234-6655 1.D.# 19255 MORGAN HAHN, : Plaintiff : : V. -' : TROY A. WATT, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 00-8431 ~000 CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 MORGAN HAHN, : Plaintiff : : V. -' TROY A. WATT, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 00-8431 S 2000 CIVIL ACTION - LAW NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o pot abogado y archivar en la torte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 MORGAN HAHN, Plaintiff V. TROY A. WATT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 00-8431 S 2000 CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendant, Troy A. Watt, by and through his counsel, Law Offices of Craig A. Diehl, and responds to Plaintiff's Amended Complaint as follows: 1. Admitted. 2. Denied. It is specifically denied that Defendant resides as 510 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. In further answer hereof, Defendant, Troy A. Watt, resides at 2 Golf Course Road, Dillsburg, York County, Pennsylvania 17019. 3. Denied. Defendant denies that he has any type of contract with Plaintiff. In further answer hereof, Plaintiff's purported oral contract for services provided by Plaintiff at Lot No. 25, Jarlin Farms, Fortuna, Enola, Pennsylvania, was with Maximum Construction and Contracting, Inc. Therefore, strict proof of the allegations of this paragraph is demanded at trial in this matter. 4. Denied. Defendant denies that he has any type of contract with Plaintiff. In further answer hereof, Plaintiff's purported oral contract for services provided by Plaintiff at Lewisberry, Woodbum, Lot No. 34, Pennsylvania, was with Maximum Construction and Contracting, Inc. Therefore, strict proof of the allegations of this paragraph is demanded at trial in this matter. Denied. Defendant denies that he has any type of contract with Plaintiff. In further answer hereof, Plaintiff's purported oral contract for services provided by Plaintiff was with Maximum Construction and Contracting, Inc. for snow plowing services. Therefore, strict proof of the allegations of this paragraph is demanded at trial in this matter. Denied. Defendant denies that he has any type of contract with Plaintiff. In further answer hereof, Plaintiff's purported oral contract for services provided by Plaintiff was with Maximum Construction and Contracting, Inc. for a farm show exhibit. Moreover, upon information and belief, any contract that existed regarding any farm show exhibit was gratuitous in nature. Therefore, strict proof of the allegations of this paragraph is demanded at trial in this matter. Denied. It is denied that Defendant was provided any services by Plaintiff as no contract exists between the parties named in this action. In further answer hereof, the contract Plaimiff had with Maximum Construction and Contracting, Inc. regarding the property alleged in this paragraph required Plaintiff to install aluminum siding on the entire house, yet Plaintiff failed to do so. Therefore, strict proof of the allegations of this paragraph is demanded at trial. Denied. It is denied that Plaintiff provided any services to Defendant for a property known as Lewisberry, Woodburn, Lot No. 34. In further answer hereof, the parties to any contract regarding services for the specific parcel as designated herein was 4 10. 11. 12. 13. between Plaintiffand Maximum Construction and Contracting, Inc. Therefore, strict proof of the allegations of this paragraph is demanded at trial. Denied. It is denied that Plaintiff provided any services to Defendant for snow plowing. In further answer hereof, the parties to any contract regarding services for snow plowing was between Plaintiff and Maximum Construction and Contracting, Inc. Therefore, strict proof of the allegations of this paragraph is demanded at trial. Denied. It is specifically denied that Defendant made a payment to Plaintiff for any services, as Defendant is not a party to a contract with Plaintiff. Therefore, strict proof of the allegations of this paragraph is demanded at trial. Denied. Defendant specifically denies that Plaintiff provided Defendant with any services pertinent to a farm show exhibit. Said services provided by Plaintiff were to Maximum Construction and Contracting, Inc. Therefore, strict proof of the allegations of this paragraph is demanded at trial. Denied. Defendant specifically denies any implication herein that Defendant was properly named on any statements and/or invoices for services that are the subject of the Amended Complaint. In further answer hereof, Defendant had no contracts with Plaintiff, written or oral, regarding any services at any time relevant hereto. Therefore, strict proof of the allegations of this paragraph is demanded at trial. Denied. Defendant specifically denies any implication herein that Defendant was properly named on any invoices for services that are the subject of this paragraph. In further answer hereof, Defendant had no contracts with Plaintiff, written or oral, regarding any services at any time relevant hereto. Therefore, strict proof of the 5 14. 15. 16. 17. allegations of this paragraph is demanded at trial. Denied. Defendant specifically denies any implication herein that Defendant was properly named on any invoices for services that are the subject of this paragraph. In further answer hereof, Defendant had no contracts with Plaintiff, written or oral, regarding any services at any time relevant hereto. Therefore, strict proof of the allegations of this paragraph is demanded at trial. Denied. Defendant specifically denies any implication herein that Defendant was properly named on any invoices for services that are the subject of this paragraph. In further answer hereof, Defendant had no contracts with Plaintiff, written or oral, regarding any services at any time relevant hereto. Therefore, strict proof of the allegations of this paragraph is demanded at trial. Denied. Defendant specifically denies any implication herein that Defendant was properly named on any invoices for services that are the subject of this paragraph. In further answer hereof, Defendant had no contracts with Plaintiff, written or oral, regarding any services at any time relevant hereto. Therefore, strict proof of the allegations of this paragraph is demanded at trial. Denied. It is specifically denied by Defendant that Defendant owes Plaintiff any sums for services rendered. In further answer hereof, Defendant has no contracts with Plaintiff, either oral or written, and therefore, owes no duty to Plaintiff of any nature. In further answer hereof, any contract Plaintiff had regarding any of the properties and/or services that are the subject of this Complaint were made with Maximum Construction and Contracting, Inc. and not Defendant. It is further denied 6 that the invoices and re-bills attached to Plaintiff's Amended Complaint are true and accurate as same are documents which speak for themselves. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 18. Denied.. It is specifically denied that Defendant has failed and/or refused to make any payment to Plaintiff as Defendant had no contract with Plaintiff and therefore, Defendant had no duty to make any payment to Plaintiff for any services whatsoever. In further answer hereof, Plaintiff's contracts which are the subject of this Amended Complaint are with Maximum Construction and Contracting, Inc. and not with the named Defendant. Therefore, strict proof of the allegations of this paragraph is demanded at trial. WHEREFORE, Defendant, Troy A. Watt, demands judgment in his favor and requests that this Honorable Court dismiss Plaintiff's Amended Complaint with prejudice. NEW MATTER WITH COUNTERCLAIM 19. 20. 21. 22. 23. Paragraphs 1 through 18 are incorporated herein as if fully set forth verbatim. There are no contracts existing between Plaintiff and Defendant for the matters that are the subject of Plaintiff's Amended Complaint, or otherwise. Because no contract exists between the parties, Defendant owes no duty of care to Plaintiff. Defendant, Troy A. Watt, is improperly named as a Defendant in this proceeding. In the alternative, if the Court deems that a contract exists between the parties, same 7 24. 25. 26. 27. 28. 29. 30. being specifically denied by Defendant, there has been failure of consideration due to Plaintiff's defective performance. In the alternative, if the Court deems that a contract exists between the parties, same being specifically denied by Defendant, Defendant's conduct was justified trader the circumstances. Plaintiff contracted with Maximum Construction and Contracting, Inc., for various services and did not contract with Plaintiff. Plaintiffs services as provided to Maximum Construction and Contracting, Inc., were defective and were not in compliance with the terms of the agreement between the parties. More specifically, Plaintiff was to install aluminum siding on the entire house situate at Lot No. 25, Jarlin Farms, Fortuna, Enola, Pennsylvania. Plaintiff failed and/or refused to install aluminum siding on the entire house situate at Lot No. 25, Jarlin Farms, Forttma, Enola, Pennsylvania. The services provided by Plaintiff to Maximum Construction and Contracting, Inc. that are the subject of Plaintiff's Amended Compla'mt were defective in several respects. The pertinent defects are designated in invoices from Maximum Construction and Contracting, Inc. Tree and correct copies of said invoices are attached hereto as Exhibit "A" and are incorporated herein as if fully set forth. Plaintiff's conduct in providing defective services was a material breach of any contract existing between Plaintiff and Maximum Construction and Contracting, Inc. Any contract existing between Plaintiff and Maximum Construction and Contracting, Inc. with respect to the farm show exhibit was a gratuitous contract and therefore unenforceable. 8 31. PlaintiWs conduct in providing defective services caused Maximum Construction and Contracting, Inc. to be damaged financially for a sum that does not exceed the compulsory arbitration limits for Cumberland County, Pennsylvania. WHEREFORE., Defendant, Troy A. Watt, respectfully requests this Honorable Court to enter judgment for Defendant and against Plaintiffand grant such other relief as this Court deems just and proper. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: Craig .4/. Diehl, Esquire Supreme Court I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 9 MORGAN HAHN, : Plaintiff : _. Vo '- _. TROY A. WATT, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 00-8431 S 2000 CIVIL ACTION - LAW VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing document are tree and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to maswom falsification to authorities. Date: MORGAN HAHN, Plaintiff V. TROY A. WATT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 00-8431 S 2000 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a tree and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 107 Locust Street Harrisburg, PA 17101 LAW OFFICES OF CRAIG A. DIEHL Date: Stephante A. Mooree, Lggal Secretary 3464 Trindle Road Camp Hill, PA 170l 1 (717) 763 -7613 V aximum Consteuction & : nt ctincl, Inc. December 26, 2000 INVOICE BILL TO: JOB LOCATION: Morgan Hahn Excavating Lot 9, Thornton Rd. 115 Millers Gap Rd. Harrisburg Enola, PA 17025 BACK CHARGES AS FOLLOWS Remove and re-inslall sewer line due to faulty installation $2,240.00 OVERBILLINGS MADE BY MORGAN HAHN EXCAVATING AS FOLLOWS Inv. #472801 (01/28/00) Total $370.00 Over-billed $58.75 - incorrect hourly rate charge $ 58.75 Inv. #472513 (11/12/99)Total $1,254.00 Over-billed $175.00 - incorrect hourly rate charge 175.00 Inv. #472524 (12/22/99) Total $400.00 Over-billed $75.00 - incorrect hourly rote charge 75.00 TOTAL BACKCHARGE S/OVERBILLINGS: $2,548.75 TAW/le/HAHNbaokohar$~s&overage~sLOT9 EXHIBIT "A" Max, mum Co.sh~udio. & Co.tmdi.~, I,~. :~ Golf Co,,,,s~ IL)oo~l D~llsh,,,~, PA 17019 TI7-,.,502-1147 December 26, 2000 INVOICE BILL TO: JOB LOCATION: Morgan Hahn Excavating Lot 25, Fortuna Ln. 115 Millers Gap Rd. Enola Enola, PA 17025 BACK CHARGES AS FOLLOWS Remove and re-install sewer line due to faulty installation $2,240.00 Re-installation of siding and soffitt due to incorrect installation and tack of j-channel 600.00 Installation of aluminum coil stock around garage doors and eaves which was to be included in siding installation 326.00 Prepayment of drywall f'mish by MHE without authorization - Drywaller did not return to finish work - additional drywaller hired to finish work previously paid by MHE 400.00 OVERBILL1NGS MADE BY MORGAN HAFIN EXCAVATING AS FOLLOWS Inv. #472525 (12/31/99) Total $1,150.00 Over-billed $227.50 - incorrect hourly rate charge Inv. #472526 (12/31/99) Total $1,975.00 Over-billed $746.25 - incorrect hourly rate charge Inv. #472802 (01/28/00) Total $100.00 Over-billed $25.00 - incorrect hourly rate charge s.25A~ I0,,4 Inv. #472820 (03/10/00) Total $2,623.50 Over-billed $711.10 - rate charged was higher than the rote agreed to prior to start of job 711.10 TOTAL BACKCHARGES/OVERBILLINGS: $5,275.85 TAW/lefHAHNbaokoharges&ovoragcs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORGAN HAHN, : Plaintiff : V. .' .' TROY A. WATT, : Defendant : No. 00-8431 S 2000 CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER & COUNTERCLAIM 19. No reply is necessary to this averment. 20. Denied. On the contrary, Plaintiff avers that an oral contract existed between the Plaintiff and Troy A. Watt for the performance of the services which are the subject of the Complaint. Strict proof of the averment is hereby demanded. 21. Denied. On the contrary, Plaintiffavers that an oral contract existed between the Plaintiff and Troy A. Watt for the performance of the services which are the subject of the Complaint. Plaintiff further avers that whether or not Defendant owed a duty of care to the Plaintiffhas no relevance in this proceeding. Strict proof of the averment is hereby demanded. 22. Denied. On the contrary, Plaintiff avers that at all times material to this action, he dealt with Troy A. Watt who failed to disclose that he was trading and doing business as Maximum Construction and Contracting, Inc. Strict proof of the averment is hereby demanded. 23. Although this averment sets forth a legal conclusion which does not require a response, to the extent that the Court deems a response necessary, Plaintiff avers that there was a valid binding contract between the parties and Plaintiff performed his duties m~der the contract although Defendant did not. 24. Although this averment sets forth a legal conclusion which does not require a response, to the extent that the Court deems a response necessary, Plaintiff submits that Defendant's conduct was in no way justified due to the fact that Plaintiff performed as agreed to in the oral contract between the parties. 25. Denied. On the contrary, Plaintiffavers that he contracted with Troy Watt for the various work completed. 26. Denied. On the contrary, Plaintiff avers that he completed the work which was agreed upon. Strict proof of the averment is hereby demanded. 27. Denied. On the contrary, Plaintiff avers that he completed the work which was agreed upon. Strict proof of the averment is hereby demanded. 28. Denied. On the contrary, Plaintiff avers that the work performed was done in a good ,'md workmanlike manner and that there was no complaint from the Defendant until after this action was commenced and after the Complaint was served upon the Defendant. Strict proof of the averment is hereby demanded. 29. Denied. On the contrary, Plaintiff avers that the work performed was done in a good and workmanlike manner and that there was no complaint from the Defendant until after this action was commenced and after the Complaint was served upon the Defendant. Strict proof of the averment is hereby demanded. 30. Denied. On the contrary, Plaintiff avers that the contract that existed for the work at the farm show exhibit was a legal and binding contract for which Defendant owes Plaintiff consideration for the work completed, which was completed in a good and workmanlike manner. 31. Denied. On the contrary, Plaintiff avers that all services performed were performed in a good and workmanlike manner and that the Defendant was not in any way financially damaged by the work performed by Plaintiff. WHEREFORE, Plaintiff respectfully requests that the Court dismiss the Defendant's New Matter and Countemlaim and enter judgement in favor of Plaintiff and against Defendant. Ro!~eb!h, Esquire Attorney for Plaintiff 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D. No. 19255 I verify that the statements made in this Reply to New Matter & Counterclaim are true and correct. 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. Dated: Morgan Harm MORGAN HAHN, Plaintiff V. TROY A. WATT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 00-8431-S-2000 CIVIL CIVIL ACTION - LAW RULE ,2003, upon consideration of the foregoing Motion to Withdraw as Counsel, a Rule is granted upon Defendant or any other party in interest to show cause, if any be had, why the relief requested should not be granted. Rule returnable due fifteen (15) days from service. BY THE COURT, MORGAN HAHN, Plaintiff V. TROY A. WATT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 00-8431-S-2000 CIVIL CIVIL ACTION - LAW MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Craig A. Diehl, Esquire, attorney for the above-named Defendant, Troy A. Watt, and moves this Honorable Court for permission to withdraw as counsel for the following reasons: 1. Petitioner, Craig A. Diehl, Esquire, and the Law Offices of Craig A. Diehl (hereinafter referred to as "Petitioner") are counsel of record in the above-captioned action, and have a business address of 3464 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Troy A. Watt, (hereinafter referred to as "Respondent") is an adult individual who currently resides at 230 Old York Road, Dlllsburg, York County, Pennsylvania 17019. 3. On or about January 23, 2001, Respondent retained Petitioner to represent him in a this civil matter that is based upon Plaintiff's alleged oral contracts with Defendant, the existence of same having been specifically denied by Defendant. At the time Respondent retained Petitioner, Respondent agreed to pay Petitioner on an hourly fee basis for services performed in representing Respondent. 4. Respondent has not made a payment on his account with Petitioner's firm in more than a year. Certain sums since that date continue to remain outstanding on his account. Petitioner's firm bas sent to Respondent correspondence indicating that his account is past due. On September 24, 2003, Petitioner was served with a Petition for Appointment of Arbitrators in this proceeding. Petitioner has sent to Respondent by United States First Class Mail, a copy of the Petition for Appointment of Arbitrators. A letter was also mlliled informing Respondent of Petitioner's intent to file this Petition. WHEREFORE, Petitioner respectfully requests that Your Honorable Court emer an Order permitting Craig A. DieM, Esquire, and the Law Offices of Craig A. Diehl, to withdraw as counsel of record for DefendanffRespondem in the above-captioned matter. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: Craig A.0Diehl, Esquire Supreme Court I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 MORGAN HAHN, : Plaintiff : _. V. .' TROY A. WATT, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 00-8431-S-2000 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a tree and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Troy A. Watt 230 Old York Road Dillsburg, PA 17019 Robert G. Radebaeh, Esquire 107 Locust Street Harrisburg, PA 17102-2302 (Counsel for Plaintiff, Morgan Hahn) LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill: PA 17011 (717) 763-7613 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RULE 1312-1. The Petition for Appoiotment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS (~E HONORABLE, t~j JUDGES OF SAID COURT: k-~'~'31[ ~.' '~'~~counsel for th~defendantin theabove action (or actions), respectfully represents that: 1. ~e above-captioned action (or actions) is (~ at issue. 2. ~e claim of the plaintiff in the action is $ ~ ~ ~ ~, ~q ~e countercl~m of the defend~t in the action is ~ WHE~FO~, your petitioner prays your Honorable Court to appoint three (3~t~~ c~e s~all be submitted. /~~ submitted, ORDER OF COURT ANDNOW, ~ ..2.~,/ ,A.9~ao~, in consideration of the , .. ~ Esq., are appointed arbitrators in the above captioned action (or actzons) tis prayed for. By the Court.~l/]~ ~ MORGAN HAHN, Plaintiff TROY A. WATT, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8431-S-2000 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 8th day of October, 2003, the undersigned hereby certifies that a True Copy from Record of the RULE dated October 2, 2003 was served upon the interested parties by way of United States first class mail, postage prepaid, addressed as fol][ows: Troy A. Watt 230 Old York Road Dillsburg, PA 17019 (Defendant) Robert G. Radebach, Esquire 107 Locust Street Harrisburg, PA 17102-2302 (Counsel for Plaintiff, Morgan H:~m) LAW OFFICES OF CRAIG A. DIEHL Helen E. k~ssmussen, Legal Assistant 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 MORGAN HAHN, Plaintiff TROY A. WATT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 00-8431-S-2000 CIVIL : CIVIL ACTION - LAW PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Craig A. Diehl, Esquire, attorney for the above-named Defendant, Troy A. Watt, and petitions this Court to make absolute the Rule of the Honorable Judge J. Wesley Oler dat,~'d October 2, 2003 respectfully stating and support thereoflhe following: 1. Petitioner, Craig A. Diehl, Esquire, and the Law Offices of Craig A. Diehl, (referred to as "Petitioner") filed a Motion to withdraw as counsel on September 30, 2003. Respondent, Troy A. Watt, (referred to as "Respondent") is the defendant in the underlying civil proceeding and he was served via first class mail, postage prepaid, on October 8, 2003, as per the Certificate of Service filed on October 9, 2003. 2. Robert G. Radebach, Esquire, counsel for Plaintiff, Morgan Hahn, was also served by first class mail, postage prepaid on October 8, 2003. 3. The Rule dated October 2, 3003 required a response within fifteen(15) days of service of the Rule. 4. To date, the time limitations of the Rule have expired and no party has filed an objection to Petitioner's Motion to Withdraw as Counsel. 5. Petitioner now seeks to make his Rule absolute. WHEREFORE, Petitioner respectfully requests that 3'our Honorable Court enter an Order making the Court's Rule dated October 2, 3003, absolute and permitting Craig A. Diehl, Esquire and the Law Offices of Craig A. Diehl to withdraw as counsel of record for Defendant/Respondent in the above captioned matter. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Craig AffDiehl, Es-4t~i~e~ 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 Attorney ID, No: 52801 MORGAN HAHN, Plaintiff V. TROY A. WATT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 00-8431-S-2000 CIVIL : CIVIL ACTION. LAW CERTIFICATE OF SER~VIC.._~E I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Troy A. Watt 230 Old York Road Dillsburg, PA 17019 Robert G. Radebach, Esquire 107 Locust Street Harrisburg, PA 17102-2302 (Counsel for Plaintiff, Morgan Hahn) Date://_~ LAW OFFICES OF CRAIG A. DIEHL ~acy Prr'-~ay, Lega~ssistant - 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 N/ORGAN HAHN, : IN THE COURT OF COMMON PLEAS OF : CUM2BERLAND COUNTY, PENNSYLVANIA Plaintiff : vs. : NO. 00-8431-S-2000 , CIVIL TERM TROY A. WA~, : Defendant : OAT][{ We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of th/s Commo~p~alth an.d that we will discharge the duties of *'~We,'~the undersigned arbitrators, hav/ng been duly ~ppointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated) · Arbitrator, dissents. (insert nam~a~ cable.'m Date of Award: NOTICE OF ENTRY OF AWARD Now, the /.3 day of jT~q/~ ,20~_.~, at .3 :~o~, 1o .M., the above award was entered upon the docket and noff6e thereof given by mail to the part/es or the/r attorneys. Artibitrators'compensafion to be /~'/ F~'2~.,' ~ ~ Paid upon appeal: ~romono~y ,290.00 By: