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Home My WebLink About01-1927 FX I, ." J,-," I'..' ~. - -, " ! I I , ;--,,".;',-"'-""- "-,,, .. "-"",-''-'::, " .. .. SA HURLEY EXCAVATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. WENDALL WHISNER and SANDY WHISNER, his wife, Defendants CIVIL ACTION - LAW NO. (:; /. /9~ 7(!.u;:;J ~ NOTICE TO DEI=ENDANTS NAMED HEREIN: 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 COMPLAINTAND 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 MA;-CBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 II II~ ... , .. SA HURLEY EXCAVATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW WENDALL WHISNER and SANDY WHISNER, his wife, Defendants NO.Of-J9a27 ~/u.-. COMPLAINT AND NOW comes the above-named Plaintiff, by its attorney, Samuel L, Andes, and files the following Complaint in this matter: 1. The Plaintiff is S.A. Hurley Excavation, Inc., a Pennsylvania Business Corporation with its principal offices at 50 Fry town Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendants are Wendall Whisner and Sandy Whisner, his wife, adult individuals who reside at 608 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff is engaged in the excavation and related construction business and has been so involved at all times pertinent to this action, 4. In early 2000 Plaintiff performed certain excavation and related construction work for the Defendants, at their request, for the construction of their home at 608 South Spring Garden Street. The work done by Plaintiff involved the excavation of a foundation, removal and transportation of fill, the excavation of electric, sewer, and water line trenches, the back filling of the excavation, and the grading of the property. 5. The Plaintiff agreed to do the work for the Defendants at a reduced rate because the Defendant, Wendall Whisner was employed by Plaintiff at the time the work was done. As a result, Plaintiff charged Defendants $3,600.00 for all of the work done. Such charge is below the typical market rate for such work in the area and at the time the work was done. Ii I, -, -"~~' ~'", I~, ,'- ~ ~, . .. 6. Defendants agreed to pay Plaintiff $3,600.00 for the work and further agreed to pay interest at the rate of 1.5% per month until the full balance was paid by them for the work done by Plaintiff. 7. Plaintiff well and truly performed its obligations under the agreement between the parties and properly performed the work requested and directed by Defendants. 8. Defendants have failed and refused to pay the monies due Plaintiff for the work Plaintiff did. Although Defendants made one payment of $200.00, in November of 2000, they have made no other payment. 9. The present balance owed by Defendants to Plaintiff, including interest through 16 January 2001, is $3,786.31. Despite repeated demands by Plaintiff, Defendants have failed to make payment of that sum. 10. Defendants, by their conduct, have injured Plaintiff in the amount of $3,786.31 plus interest at the rate of 1.5% per month after 16 January 2001. WHEREFORE, Plaintiff demands judgment against Defendants for the amount of $3,786.31 plus interest at the rate of 1.5% per month after 16 January 2001. j " !; i-~: ;'1 ;:i 8~~~~ . Andes Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 :1 II . ~ Y,",; .. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C,S. 4904 (unsworn falsification to authorities), SA HURLEY EXCAVATION, INC. DATE: 5'-/""-0/ Bvd~ e ~ Steve A. Hurley, Pre Ident I Ii II .: ~ ~ '~ '" , .' ;~J ~ ,,' , ,~~ f.' SHERIFF'S RETURN - REGULAR .. CASE NO: 2001-01927 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY S A EXCAVATION INC VS WHISNER WENDALL ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WHISNER SANDY the DEFENDANT , at 0008:31 HOURS, on the 5th day of April , 2001 at 608 SOUTH SPRING GARDEN ST CARLISLE, PA 17013 by handing to SANDY WHISNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 ,00 .00 10.00 .00 16.00 A;;:~~~~I R. Thomas Kline So Sworn and Subscribed to before me this d.r- tf.. . day of I A.D. 04/06/2001 SAMUE:y~ ~~ .. Deputy eriff , 0<J1(f ,,"'"~ ".+.-- " -- "~~"'^ lJ~ JilL .It , SHERIFF'S REtURN - REGULAR CASE NO: 2001-01927 P t , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY S A EXCAVATION INC VS WHISNER WENDALL ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WHISNER WENDALL the DEFENDANT , at 0008 :,31 HOURS, on the 5th day of April , 2001 at 608 SOUTH SPRING GARDEN ST CARLISLE, PA 17013 by handing to SANDY WHISNER (WIFE) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 ,00 10.00 .00 31.10 So ;;;;~~ R. Thomas Kline 04/06/2001 SAMUEL ANDES -"I' - , , ~ SA HURLEY EXCAVATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW WENDALL WHISNER and SANDY WHISNER, his wife, Defendants NO. 2001-1927 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, SA Hurley Excavation, Inc, and against the Defendants, Wehdall Whisner and Sandy Whisner, his wife, in accordance with the Complaint filed in the above matter, in the amount of $3,786.31 plus interest at the rate of 1.5% per month after 16 January 2001, plus costs of suit. ~..fs;~v,- ~ -Ate I certify that I provided the Defendants with the Notice of Def~ult whicTtrtW<2V- attached hereto by mailing it to them by first class mail, postage prepaid, on 1 May 2001. Date: 24 May 2001 ~ Attorney for Plaintiff Supreme Court ID # 17225 525 North 121h Street Lemoyne, Pa 17043 (717) 761-5361 II ~ , ~l' ~llIi>~JI~Ji-J!!!l!j /l .........' . , . '_I ,. ".- ," ~--' } "'~;'~; t ,: ',....~" 'r i , SA HURLEY EXCAVATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW WENDALL WHISNER and SANDY WHISNER, his wife, Defendants NO. 2001-1927 CIVIL TERM TO: WENDALL WHISNER and SANDY WHISNER, his wife DATE: 1 MAY 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~;! CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 /s/ Samuel L. Andes SAMUEL L. ANDES ATTORNEY FOR PLAINTIFF 525 NORTH 12TH STREET LEMOYNE, PA 17043 (717) 761-5361 I I[ ?~~U:-~'I J ~If."''"-; .~.,--, _~il~liirt ~ ""'~"'Mii...I!il!iM[;~-"L,,f"'!ll~P,f;d;,,,,,;j"?fiCi"fH*~<lJ.~1. '___~W~f_'W~! 1li!f1l:d -' ,t . . "" f n - C ~A'~ .- '-- -0 rc 0::\ r- L :::? - " '-) UJ ~ r::' 'J .,,;) '~ 'i€~? r'.J : ~:.:. ::"J ,~ =2 :=J -, \~ -(", F>> J t '1\ ..0 ~ '-'\ , (., &' ..... ~~ ..... l..: .... \,'.J t.,\- "/-1 ~ ',,,,;, SA HURLEY EXCAVATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW WENDALL WHISNER and SANDY WHISNER, his wife, Defendants NO. 2001-1927 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered in the above matter satisfied. s~ Attorney for Plaintiff 29, O~ 2..i::0 Supreme Court 10 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II , -- ~" ~~~~~~';''""-&''li~hllill>.i~~~:aW~1Jj~::,"-''''';'"~-~'=''- ~".- j~' .,))~L;,:,~,,~~,.lJll[_fl.., '~,.,L"""""",o"u..",'"-",,,"",,~.,_, e, _'~",_,' ' ",~" "",' - ,'<'-'<', ,- , ' ~-, -"'" ,~' ^, ~> ,I ,~"'~, --- -,. " .~~ (") c:: <' t:J f--1,: rn ..'. ?~~ ~E~ !~ ':::i -< ~ ;:.., (;:0 , , o I',;) o '" -I N <.0 o 'rl --1_11 :?'f{; .;,:..." -~, ~.,1',~ gr;! 5::! :n -<