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HomeMy WebLinkAbout01-06516 . . -, , ;.., "{''';'' '''' --"', - t_ _'~' ,'" "_','~" iliilSll'M_-'"-' , JEFFREY A. WILBUR PLUMBING AND HEATING, INC., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. D I - /,SIb 0;0 ~C I~ BEELER & COMPANY, INC., ROBERT J. BEELER and GREG BEELER, Ud/b/a LANCASTER AMISH TRADING COMPANY, Defendants : 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .,--.... ~ , J~ ~-J -, ~ <klK-<il&l.o:&:"",' , JEFFREY A. WILBUR PLUMBING AND HEATING, INC" Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- te.I:llo Ce-u~C '-r~ BEELER & COMPANY, INC., ROBERT J. BEELER and GREG BEELER, Ud/b/a LANCASTER AMISH TRADING COMPANY, Defendants : CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, by and through its attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Complaint, as follows: 1. Plaintiff Jeffrey A. Wilbur Plumbing and Heating, Inc. ("Wilbur") is a Pennsylvania corporation with an address for conducting business at 6508 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Beeler & Company, Inc. ("Beeler & Co.") is a Pennsylvania corporation with a registered address of 125 Sutton Road, Abbottstown, PA 17301, 3, Defendant Robert J. Beeler is, upon information and belief, the President and sole shareholder of Beeler & Co. In addition, Robert J. Beeler is the owner of property located at 19 Carlisle Street, Hanover, PA ("The Property"). 4. Defendant Greg Beeler is, upon information and belief, the operator of Lancaster Amish Trading Co., whose place of business and residence is located at The Property. ::~ ~.,",I ,.I. t...:..;., :,------', i~','~-o' ,--, '.f"="',- "'....~"""''''f.<f,'#hCi','- ,. 5. From on or about March 2001 up to approximately May 2001, Wilbur provided to Defendants services in the form of plumbing and heating materials, supplies and labor. 6, All said supplies and labor were provided at, and to the benefit of, The Property, as well as for the benefit of Robert J. Beeler and Greg Beeler. 7. Supplies and labor were provided at the direction of Greg Beeler. 8, Defendants have made partial payment to Wilbur, delivered to Wilbur's Mechanicsburg, Pennsylvania address. 9. During the course of the work, Wilbur provided all said services in a reasonable, workmanlike and professional manner. 10. The total unpaid costs for said services as of this date total $9,221,10, 11, Despite repeated demands, Defendants have failed and refused to make payment of said amount COUNT I Jeffrey A. Wilbur Plumbing & Heating, Inc. v. Beeler & Company, Inc., Robert J. Beeler and Greg Beeler, tld/b/a Lancaster Amish Trading Company BREACH OF CONTRACT 12. Paragraphs 1 through 11 are incorporated fully herein by reference, 13. Wilbur and Defendants entered into an oral contract whereby Wilbur would provide services in the nature of materials, supplies and labor to Defendants' and the Property, 2 ~* 1,"'^_', -/-.1;;;.;" ,-,," ' ,- -,~ ~''''''~iW.&;-<' J,.' 14. Wilbur provided said services in a reasonable and workmanlike manner and have repeatedly invoiced Defendants for all work performed. 15. As of this date, Defendants have failed to pay Wilbur all amounts due, said amount being $9,221.10 plus interest WHEREFORE, Wilbur respectfully requests this Honorable Court enter judgment for it and against Defendant in the amount of $9,221.10, plus all costs and interest from the date the services were rendered as well as all other relief afforded by law. Said amount requires compulsory arbitration. COUNT II Jeffrey A. Wilbur Plumbing & Heating, Inc. v. Beeler & Company, Inc., Robert J. Beeler and Greg Beeler, tJd/b/a Lancaster Amish Trading Company UNJUST ENRICHMENT 16. Paragraphs 1 through 15 are incorporated fully herein by reference, 17. Wilbur provided services to Defendants in a reasonable, workmanlike and professional manner. 18. It would be unjust for Defendants to retain the benefit of said services without making payment to Wilbur for the fair market value of said services, said value being $9,221.10. 3 ~~;i '_c..,_, . ,.,-- L, ",'_e__ ;.,- "l.....- ,-. . -~ ......:-.,;;~~""i, , WHEREFORE, Wilbur respectfully requests this Honorable Court enter judgment for it and against Defendants in the amount of $9,221.10, plus all costs and interest from the date the services were rendered as well as all other relief afforded by law. Said amount requires compulsory arbitration. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: 7~~~ .-->-. ~;--".<<~-:y~'~.. ~~~_..~""">~ Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff Dated: I i- i),OI 4 - --"~~;; ,'~ . - 1- ,I '-";.i 1.1;0'" .,~."- ."'. ~"--""~' ",--. - ' -"0-' ::l:li@liian,1 ,r' VERIFICA r'ON I. Jeffrey A. Wilbur, PresJdent of Jefftey A. Wilbur Plumbing and Heating, Inc., hereby certify and verify that the factI set forth In the foregoing Complaint are true Ilnd correet to the best of my knOWledge, Information and ballef. I unde/1ltand thar Elny false stEltemel1te hereIn are sUbject to the penalties of 18 Pa. C, S. 94904 relating to unsworn falsification to authorities. A ~~ #/L-7 J rey . Wilbur OATE: I J - I'{" -CJ l - r "~_ .~"._ "~,:; .ii"'iUliiiiLlill'" " .liiiliillil,IliJi....~."'".""A'."'.<....,,,._.__..,, '<. Q C> C) C. ~-, ~~ ~ ''Gg., -ocr) c~ {i~~: n ron: -- -6<t '"'7 ~...,'" ~ 2e~ - .l:: (J\ l .t- (.0 J~;; ::<.,,:;.,. cO "1:' ~ ~ ~ \) k:: ?Zo ::;: =t;~ f" B . _0 0) 9'9 -- \} C> ;Pc:. ~ C/3 -- ....... ~ (;;) '"'Q () ~ 0' ~ ...... I ........ ...... --0 r C/) -.... 1- J j'hc,J!Jij,,"~ ..0. n _~~_~~ _..'_-k',"__'L:_;1";'>, ,--",,,,,,_~ "''''''_ .~~""', ,~-_. ,~"' ,,,"""<-~-~~,,', -'-~= - -^,- .......~ "~ ~' .~" I.,' "" ~. """~~~. , ~.--f~ '-~". r j;Ol'-_i,~: SHERIFF'S RETURN - OUT OF COUNTY !lo'" CASE NO: 2001-06516 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILBUR JEFFREY A PLUMBING VS BEELER & COMPANY INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BEELER & COMPANY INC -..... -- ,- but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 20th, 2001 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County 18.00 9.00 10.00 36.60 .00 73.60 12/20/2001 FENSTERMACHER S~~~ R. Thomas Kline Sheriff of Cumberland County & ASSOC - -- ,- Sworn and subscribed to before me this :.I.~ day Of~" 'A'7 :urv:u A.D. ~ L ,(1- Yvu1lJU ~ prothonotarf - _ 1"-' '- ., , "~ ~ ..I ---- ~ j''i ., Mi->_'<o',,",'''''''''_ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06516 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ..- m_ - WILBUR JEFFREY A PLUMBING VS BEELER & COMPANY INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BEELER ROBERT J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of 'ADAMS County, Pennsylvania, to .......... : ."..... : - serve the within COMPLAINT & NOTICE On December 20th, 2001 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 12/20/2001 FENSTERMACHER ~~ R. Thomas Klin Sheriff of Cumberland County & ASSOC Sworn and subscribed to before me thi s .;I.1<-<{ day of C)"'. ..., ~.:l A.D. q Q.~ ~;rothonotary /~ ..- , ,-- ,- ,~_.- - -.... .....,~...- ~1Ill ~ ~~~ ,;1f&U,.~<k,AA","~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06516 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILBUR JEFFREY A PLUMBING ......- - .... VS BEELER & COMPANY INC ET AL . R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BEELER GREG T/D/B/A LANCASTER AMISH TRADING COMPANY 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 December 20th, 2001 , this office was in receipt of the ,..... - ! ,- attached return from YORK Sheriff's Costs: Docketing Out of county Surcharge Dep York County 6.00 9.00 10.00 35.53 .00 60.53 12/20/2001 FENSTERMACHER :o~~/ Sheriff of Cumberland County & ASSOC Sworn and subscribed to before me this ,,!.Jh.<A day of C).." .7 J-ovV A.D. ~"a~~ Prothonotar ) ,- ..K.... - "~ ~ I "" t...--ll;ilIiI!l'i ~<U.~,,".ic,l~"""'-,- , PIe.Cl,U 1l.er1l(. b" la'l'I In The Court of Common Pleas of Cumberland County, Pennsylvania Jeffrey A. Wilbur Plumbing & Heating VS. Beeler & Ccrnpany. Inc. et al Beeler & Company Inc. SERVE: No. 01 6516 civil ~ovv, December 3 , 20~, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. " '~~ut:~ Sheriff of Cumberland County, PA Affidavit of Service Novv, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So ansvvers, '.' '. "Sh6ri'fIof "-""1,', County, P A ~.., ,-. COSTS- SERVICE 11lLEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day of ,20_ $ ;;~\'MlI llflrJJIIU -'-.-.-" . ~'" 0>-- -, _=~. RECEIVED ZOOI DEe IDA 1/: 45 SHERIFF ADAMS COUNTY ~~lpl '~'fP'1::J_'llf..1!:illif)!;"!l~~ffll'!f1~~";>f';_~!l"~f"c" '-',> ~YiW~:<k1fil;~frilM'I'"~, ,~_' ~,__!ilf.Ofi!:~_,o, N~ "~ .-' "'~*O -"."l . . , ' ~ .~ ;~j '>- ,,- ~ 10.. ~=~' , <l\!lt.:it~,p~"_')dlkfi." P\tc15t. ~C.N(' b~ 'all~ In The Court of Common Pleas of Cumberland County, Pennsylvania Jeffrey A. Wilbur Plumbing & Heating VS. Beeler & Company, Inc. et al Robert J. Beeler SERVE: No. 01 6516 civil Now, December 3 , 20~, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. '~~J-~~ Sheriff ofCurnberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made [mown to the contents thereof. So answers, " c ',/ ~~ ::; i:_~ _'-..: ~ ; Sheriff of County, P A ~:",~,. ~"~"" ~ ~', ',,,' l!. .. COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day of 20 ' '- $ > "", , . > , ~" ~-~^' "' _w, _ ~ '""..~"'_,,_ , -" ", ~,~", .:, RECEIVED ZQBlllEC 10 A lJ: 45 SHERIFF ADAMS COUNTY 'if.:mnm", lf~iiI!I'_'-::""'F~"!I\fu~___"",J~l~~j,~~m;ij;~~"'-Wlol'.'51i!;::!r~O!I\\~~Jji~!<<~~~tM:2;f1<f"if:i"""Fq"~,,,~-, ,~"n~!':"F,"il"<G~"",>,-:,,,,"'""J"*'IT'i":-!,,,,,;r~;}l\1~j;~~~.~; ';',~1F.lillllrll: .'=~,"",,,,,,,,,--,,,,,,,-..,j"'_"'~>JIII_.".I,'J' DATE RECEIVED DATE PROCESSED SHiE;PlliFF'S DEPARTMENT ADAMS COUNTY , PENNSYLVANIA COURTHOUSE. GETTYSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse;, of ,the last (No.5) copy of this form. Please type or print legibly, insuring r~abililY of all copies. Do not detach any copies. AcSD ENV.# 1. PLAINTIFF/SJ 2. COURT NUMBER' JEFFREY A. WIlBUR PLUMBING ANDHFATING. INC. 01-6516 Civil Term 3. DEFENDANT/SJ' 4, TYPE' OF WRIT OR COMPLAINT: BEELER & COMPANY INC.,ET AL COffiDlilint in, Civil Action SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE lEVIED. ATTACHED OR SOLD. . Beeler & Company, Inc. 6. ADDRESS (Street-or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT 125 Sutton Road, AbbOttstown, PA 7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN 'CHARGE 0 DEPUTIZE 0 CERT. MAIL 0, REGISTERED, MAil, 0 POSTED 0 OTHER Now, ' ,I; SHERIFF OF ADAMS COUNTY, pA., do hereby deputize the Sheriff of County to execute this Writ and make return therofaccording \0 law. This deputation being made at the request and risk of th,e plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE, ON WRIT OF EXECU:rION: N,S. 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, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesti~9 service on behalf of: !X PLAINTIFF o DEFENDANT 10. TELEPHONE NUMBER 11. DATE (717) 691-5400 , SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt oflhe writ SIGNATOFfe'of Authorized ACSD Deputy or Clerk and Title 13. Date Received or complaint as indicated above. Mark K. Emery, Esq. 14. Expiration / Hearing date 15. I hereby CERTIFY and RETURN that 1_0 have personally served, M have served person in charge, 0 have legal evi,dence of service as shown in "Remarks" (on reverse) o have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual. company. corporaiion~ etc., aJ th~ address inserted below by handing/or Posting a TRUE and ATTESTED COpy,therof. 16.0 I hereby certify and return a NOT F'OUND'beeause I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served 18. A!pe~n, of suitable age and discretion Read Order then resli:llng in the defendant's usual 0 place'of abode. 0 20. Date of Service 21. Time Robert J. Beeler 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., Stata and ZIP CODE) Sheet's, Inc., 35 East King St., Littlestown, PA 12/12/2001 2:35PM 22. ATTEMPTS Dep.lnl. Date 25. Miles Dep.lnt. Dep.lnt. 23. Advance Costs 24. :150.00 Fm.Sheri f 134897 27. TotalCoata $36,60 Pd. 12/18/01 28.]COSXlRDKBltREFUND $113.40 Ck, #6393 AFFIRMED and subscribed to before me this day of Ja Date 12/12/2001 Signature of Sheriff RAYMOND W. NEWMAN Data 12/12/2001 ProthonotarylDeputyfNotary Public SHERiFf OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUlliORIZED IsSUING AUlliORiTY AND TITLE. 39. Date Received f'ROTHONOTARY ,.~, '?!J!:'i;Wiim';i'!4:ti1!;,.hM~~'.!_~"r', '-,:.~i,,--,";I. ,- SHERIFF'S RETURN OF SERVICE (1) The within___________ upon_____________..___ defendant by mailing to _______ by________..__ prepaid, a true and attested copy themol at _____ , the within named _ man", return receipt requested, postage on the The return receipt signed by _ defendant on the is hereto attached and made a part of this return. (2) Outside the Commonwealth, pursuant to Pa. R.C.P.40!j (c) (1) (2), by mailing a true and attested copy thereof at _ in the following manner: ) (a) to the delend@nt by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the ___ said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities lhat Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part ollhis return. And therealler: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address (lIthe Sheriff appearing thereon, on the filii-trier certify that after fifteen (15) days from the mailing date, I have not received' said envelope back from the Postal Authorities. A certificate, Of mailing is hereto attached as a proof of mailing. ( ) ( 3) By publication in the Adams County Legal Journlll, a ",eeklypublication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for _ successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ) (4) By mailing to by__ mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The Authorities marked is hereto attached. ( 5) Other returned by the Postal ( -~,J",o" "& _, ~_. ~'O' ,,,"",' j ,_~~",~,=""'''',,,,.., ",>-'-, ~<, ~_,~,~_ , ,,~ ~ DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE,GETTYSBURG,PA17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the last (No.5) copy of this form. Please type; or print legibly, insuring reap~mty Qf all copies. Do not detach any copies. ACSD ENV.# _ 1, PLAINTIFF/51 2. COURT NUMBER Jf;;~'FREY A. WILBUa PLllHBING AND HEATING, INC. '01-6516 Civil Term 3. OEFENDANT/SI 4. TYPE OF WRIT OR COMPLAINT: t\EELEB. & COt>1PANY INC. JET AL Comnlai.nt in Chi 1 Action 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. SERVE . Beeler &: Company, Inc. 6. ADDRESS '(Street Or RFO, Apartment No., City, Bore, Twp., State and'ZIP CODE) 125 Sutton Road, Abbattstown,PA AT 7. INDICATe UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER Now, , I, SHERIFF OF ADAMS COUNTY,PA., do hereby deputize the Sheriff of County to e.xecute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EJ<PEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon 0' attaching any property under within writ may leave same without a watchman, in custody ot. whomever 'is found in possession, afte~ pqtifying person Qf levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before $Heriff's sale' thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER" 11. DATE ~PLAINTlFF '717) c9' -400 ("lark ;{ ~ Ern~~ry, Esq ~ 0 DEFENDANT <.., (\. .t. -.J " .-. SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ SIGN'1,TURE of Authorized ACSO' Deputy or Clerk and Title 13_. Date Received 14. Expiration I Hearing date or cOmplaint as indicated above. 15. I hereby CERTIFY and RETURN that I 0 have personally seNEld, ~ have served pe'rson in pharge, 0 have legal evidence of service as shown in "R~marks" (on reverse) o have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, cpmpany, corporation, etc.,' at the address inserted below.-by handlngfor Posting a TRUE 'and ATTESTED C;OPY therot. 16.0 I hereby certify-ahd-return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of- individual served _ 18. A person of suitable age -and discretion then. residing inlhe'defendanl's usual plaCfl of abode. 0 20. Date of Service 21. Time Read Order o Robert J.Beeler 19. Address of where,served (complete only If different than shown above) (Street or RFD,' Apartment No., City, Bora, Twp., State and ZIP C~:)oE) Sbee-.t'-s~ loc, ~ 35 East King St., LittlE~stol}m, p,!\ 12/12/:~()Ol " 25. Miles Dep.lnt. PmthonotarylDeputylNotary Public e.r Sheritf~:~~1- "^ \nI'lO'N 'r""M'^"~, O.t"Ll,l..l: _'> ,_ _ "'u~'If:U<, ",_' r' ""_ ;,~ __, '. -'_' s~ERiFJf OF AoAlI$,~NTY ,....--;;--,'.- Dep.lnt. 22. ATTEMPTS Dep.lnt. Date $36.60 Pd. 28.lQRIIJ,9.lI!i<:1"!JI; REFUND $113e40 ~639j AFFIRMeD and sjJbscribed to before-me -this day of Date 12/12lZ0Cl Date 12/12/2U(Jl MY COMMISSION ,EJ<PIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGHA TURE OF AUTHORIZED ISsUING AUTHORITY AND TITLE. 39. Date Received ',,',><"'.... SHERIFF'S RETURN OF SERVICE ( 11 T!1~ wi'thin________ ____,_________________ ullqn________,___.._.._______________________,_______, the within named , , defendant blJ! mailing to ___ ____________ mail, return receipt requested, postage prE!paid,___~________,______.._________ on the .____,_______ a ttue and ,~ttested copy ltu;!f'eof at ____,__ ---':-:+-"-:---...;..'------'--'r--'.,"+~.:..---.---------~--'---------------,-~'-'- Th~ return r~c€!ipt signed by _____________________.._ .. dt1fendant on the ' IS hereto attached and , "'" ------~----~_._-,-_._-------_._------- made a parli:vllhis'retum. (:2) O~~sidetl1eJ:tiinmoriwealth, pursuanllo Pa. R.C.P.405 (c) (1) (2), by mailing a lrue "IW aIltE'lSjed:ic"'~y lhereo!' al__ in theJollcw\n\lmannm: ) (<ll' '10 th" d~!i"emJant by ( ) regislen;!d ) certified mail, return receipt requested, po,st@ge pre!~aid_ "lddre"see only on the_____ s..,id b,~irlg returned NOT signed by defendant, but with a notation by the Postal Authorities tha'! Oel"n,j[lrli retused to accept the same. The returned receipt and envelope is allached hereto and made a 'P~rIOnhisreturn. And thereafter: ( ) (b) ,:he delendant by ordinary mail addressed to defendant at same address, with the return addy"s!; 01 the Sheriff appearing thereon, on the __ ___ __'~~________r._'_~___'__________ ______". Ilurther cer1ify that after fifteen (15) days from the mailing date, I have not received said envelope baclr from the Postal Authorities. A certificate of mailing is hereto attached as a proof ot melliI'll' ( :I) BYPll~licalioh in the A,dams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper p~blished in the County of Adams, Commonwealth of Pennsylvania and having generai cir~ulation in said County for__ sllccessive weeks of ____________________~ __ The Affidavits from said Adams County Legal Journal and Gellysburg Times, are hereto attached and made part of this return. ( 4) By mailing to _____________ by _______,_ mail, return receipt requested, postage prepaid, . on the _ a true and attested copy thereof at The Authorities marked is hereto allached. ( 5) Other_ returned by the Postal ( , I- ,,<'~_ - , ,'" _~.,' ',,_. _, '''' ',_ -""-i,';~",,;,,;,; -o-j"'''.i-__h' ,'~_"',V" ',;'-,,-- ''''-,'-kj",-, ,I DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY , PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the last (No.5) copy of this form. Please type or print legibly, insuring readability of all copies. Do not detach any copies. ACSD ENV.# 1. PLAINTlFFISI 2. COURT NUMBER JEFFrlLY A. ~n.WUR PLUt'IBIliG Ai~D HEi\lING. ING. 01-6516 Ch'il r,~rill 3. DEFENDANTlSI 4. TYPE OF WRIT OR COMPLAINT: oEELI';R & o.:X'lPANY, LNC:, ET AL Complaint in Civil Action SERVE 5. NAME OF INDIVIOUAl, COMPANY. CORPORATION. ETC.. TO SERVICE OR OESCRIPTION OF PROPERTY TO BE lEVIED, ATTACHED OR SOLO, . Beeler 3.: Company, toe.. 6. ADDRESS (Street or AFO, Apartment No., City, Boro, Twp., State and ZIP CODE) AT 125 :S'ntton Road,. l\bbottstmm, I'll. 7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PEASON IN CHARGE 0 DEPUTIZE 0 CEAT. MAIL 0 ,REGISTERED MAIL 0 POSTED 0 OTHER Now" ' . I, SHERIFF OF ADAMS COUNfV;-PA., do hereby deputize the Sheriff of Co~nty to ,execute this Writ and make return theref according to law. This deputation being made at the request and risk of-the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATiON THAT Will ASSIST IN EXPEOITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF Ex~btJTION: N.S. WAIVER :OF WATCHMAN....:.Any deputy' sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody ~f whon;t:~ver 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, destruFfion or}'emoval of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or othe'r:bRIGI'N~TORfl"qUesting service on behalf of: """k" ," '" c' -. 0' I PLAINTIFF c'lfl<' " . Wlery, .-sq . " D DEFENDANT 10. TELEPHONE NUMBER 11. DATE SPACE BE 12. I acknowledge receipt of tlie writ or complaint as Indicated above. - TUR~ of Authorized ACSD Deputy or Clerk and Title (717) 691-5400 DO NOT WAITE BELOW THIS LINE 13. Date 'R'eceived 14. Expiration / Hearing date ',I 15. I hereby CERTIFY and RET~~N th~t 10 hue personally served,Xl have served person incharge, 0 have legal evidence of service ,as shown in "Remarks" (on reverse) o have posted the above described property with the writ or complaint described on the indiVidual. company, corporation, etc., at the address shown above or on the Individual, company, corporation, etc., at th'g address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16. 0 I hereby Certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and tItle of individual served 18. A person of sullable age and discretion Read Order ., J, J- -,', '1' ~ '., then residi':'l9 in the defendant's usual 0 l:>.oJ)ert . bee at place of abode, 0 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No.. City, Boro. Twp., 20. Date of Service 21. Time State and ZIP CODE) ~he2t'Si' iDe.., 35 East t'~ing St..:;> LittlestO"'vlfJ} PA 121 12/:WUI :~ ; J<I Dep.lnt. 22, ATTEMPTS l)ep.lnt. Date 25. Miles Dep.lnt. 23. Advance Costs 24. 150.00 Fm.Sberi f 134897 27. Total Costs $36.60 Pd. 12/18/01 28XlJDl1!l"lIXIEXlII REFUND $113,40 Ck. fG39j so ANSWER. AFFIRMED and subscribed to before me this N }'} day of Date '")/' 1.... I. Date 12/1::/ Prothonotary/DeputylNotary Public MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. "~1fl ,"'\. -t ;?"]~'-i' .l " ,. "'" 39. Date Received .f r~} ~,(':ri.\ '.'/--. lJl. , , _<1--'" ~-~, <", ,,-_y.," ;; "."":'if"' ~,,_~,;c----; ,,-', ,t _,-,q k:'~0bHI:!ft<H?11;>Wt~~",'.-"~'r1" SHERIFF'S RETURN OF SERVICE ( ) ( 1 ) The within upon defendant by mailing to __ by prepaid,__ a true and attested copy thereof at , the within named mail, return receipt requested, postage on the The return receipt signed by, defendant on the is hereto attached and made a part of this return. ( ) (2) Outside the Commonwealth, pursuant to Pa. R.C.P.405 (c) (1) (2), by mailing a true and attested copy thereof at - in the following manner: ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope Is attached hereto and made a part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address 01 the Sheriff appearing thereon, on the - . I further certify that after lifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ) ( 3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County 01 Adams, Commonwealth of Pennsylvania and having general ckculation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( 4) By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The Authorities marked is hereto attached. (5) Other_ returned by the Postal .~j(".....:J:!IIJIJJlIl ..!lI!PJ.."U".-."".,cL",~",...l:,~.,.IMA"l,...."."., ..,.", ._...,.".'~.". .,''''''',"'',', ,.. .,' , ,- --.-"<, . - ~" T_~ ~__~<~<~'J:awm..~"-'rll!'"~ r,'_,"---" _-"~N'_""~I~;lII_,,..........,","_" "l'bil; - 01 _~~,,,.~.",",,l ~_ :_ - - ^" _~:<d",,,,''''''''',1 DATE RECEIVED DATE PROCESSED SHERI'FF'S DEPARTMENT AI)AMS COUNTY, PE~NS'fLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVIOE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS: See "'INSTRUCTIONS FOR SERVICE OF PROCESS BY TH~' SHERIFF" on the reverse of the last (No.5) copy of this form. Please type or printlegjbly, insuring read~ility of all copies. Do not detach any copies. ACSD ENV.N 1. PLAINTIFF/SI 2. COURT NUMBER 01-6516 Civil Term 4. TYPE OF WRIT OR COMPLAINT: BEELER & COMPANY, INC., Er AL Complaint in Civil Action 5. NAME OF INDIVIDUAL, COMPANY. CORPDRATION. ETC.. TO SERVICE DR DESCRIPTIDN.oF PRDPERTY TD BE LEVIED, ATTACHED DR SOLD, JEFFREY A. WILBUR PLUMBING AND HEATING, INC. 3.DEFENDANT/S/ " SERVE . Robert J. Beeler 6. ADDRESS (Street Of RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) 125 SuttDn R.oad, Abbottstown, PA AT 7. INDICATE UNUSUAL SERVICE: 0 PERSDNAL 0 PERSDN IN CHARGE D DEPUTIZE 0 CERT. MAIL 0 REGISTERED MAIL D PDSTED 0 .oTHER Naw, , I, SHERIFF OF ADAMS COUNTY, PA., da hereby deputize the Sheriff .of CDunty ta execute this Writ and make returntherof according tD law. This deputatiDn being made at the request and risk .of the plaintiff. SHERIFF OF ADAMS COUNTY s. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE 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, destruction or removal of any such property before sheriff's sale thereot. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: , J!j PLAINTIFF Mark K. Elnery, Esg. 0 DEFENDANT (717) 691-5400 SPACE BELOW FOR USE, OF SHERIFF ONLY - DO NOT WRITE, BELOW THIS LINE SIGNATURE of 'A~tj,orized ACSD Deputy or Clerk 'and Title 10. TELEPHDNE NUMBER 11. DATE t2. I acknowledge receipt of the writ or cOmplaint as indicated above~ 13. Date ReCeived 14. Expiration I Hearing date 15. I hereby CERTIFY and RETURN that I g, have per~~nally served, 0 have served person in charge. 0 have legal eyldence of service as shown in "Remarks" (on reverse) o have posted the above described property with the writ or complaint described on the individual, company\ corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE ,and ATTESTED coPy therof. 16. 0 I hereby certify and return a NOT FOVND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) t7. Name and title of individual serVed 18. A person of suitable age and discretion Read Order then residing In the defendant's usual 0 place- of aboda. 0 20. Date of Service 21. Time Robert J. Be~ler 19. Address-of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., Stale and ZIP CDDE) Sheet's, lnc" 35 E. King St., Littlestown, PA RI!MARKS: Def's. current address is 104 Timber lane, Kerrville, Texas 12/12/2001 7 028 2:35PM 22. ATTEMPTS Dep.lnt. Date 23. Advance Costs 25. MIIaa Dep.lnt. Dep.lnt. AFFIRMED and subsc:ribed to before me this N/A day of Ja Date 12/12/2001 Date 12/12/2001 Signature of Shariff RAYMOND W. NEWMAN ProIhonlilaryJDeputy'/Notary Public SHERIFF .oF ADAMS COUNTY MY caMMISSIDN EXPIRES I ACKNOWLEDGE RECEIPT.oF THE SHERIFF'S RETURN SIGNATURE .oF AUTHaRIZED ISSUING AUTH<lRITY AND TITLE. 39. Date Received f'ROTHONOTARY lID SHERIFF'S RETURN OF SERVICE ( 1 l The withilU:~_~__~~_____,__".._~--------- upon~~-----,:~~----~------~---,-----...---~----.-----,-,___, the within named , , defendan,l by mailing to _,___~__~________________~, ' ___ by_______~~____~___,__~_____________________ mail, return receipt requested, postage prepaid,___,''--________________ on the a true and attested copy thereof at ______ ----_._----""_.._,---~.~'"---,,-------,---""--~-~-'"-------,--------,_._----"'_._------~--- The retuf'" I,'ece,ipt signed by _,________________________~_____ defend,lnt dl1 the is hereto attached and made 3' Pllrf ofthill return, (2) Outside ~h.j: Commonwealth, pursuant to Pa. R.C.P.405 (c) (1) (2), by mailing atme and attl~SI:e~ CllPY thereol al _ iilih;t;)jJo;;~ii-lg-rr!imnei~-~---------- l (a) to th". delendanl by ( l registered ) certified mail, relurn receipt requested, postage pre,lpa;,;:!, addressee only on the ____~___ _______,_______ said ,eceipt peing mtumed N.OT signed by defendant, but with a notation by Ihe Postai Authorities that Dej,endElnt re'fused 1,0 ac<:ept the same. The retur~ed feceipl and enveiope is attached hereto andmade'a ~ar! otchis relurn. And there"ll.e; ) (b) To thE! d1!f€'ndant by ordinary mail addressed to defendant at same address, with the return address .,,'1 :Ih" Sh'~rijf appearing thereon, on the ----,----'--.7'.---.--.~-----..-~------- , , . I further ,celrlily that after fifteen (15) days from the mailing dale, I have not received said envelOpe back from the Postal Authorilies. A certificate oj mailing is hereto attached asa proof oj mal,ling. ( 3) By pUblicatipnin the Adams C,ounty Legal Journal, a weekly publication 01 ge,neral circulation in the COlmtY"oj Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper lIfubiished in the COIJnty of Adams, Commonwealth of Pennsylvania and having general circulation in said County lor ________ successive!weeks of _____~_______~___ __ The Affidavits from sa,icl A~ams County Legal ,Journal and Gettysburg Times, are hereto attached and made part oj this return. ( ( 4) By maiiing to __________ by__________~_______~___mail, return receipt requested, postage prepaid, ____,_, ___ on the a true and attested copy therelof at The Authoriliesmarked is heretoallached. ( 5 )Other____ returned by the Postal f'~ - ,- ~ '- - ~l ~ 1, :-' ;,'''-~-, ~ o'_'"~"-" A,~.,~',,,"~"_. .,-"-"Ju&J/lt',,.. ,.,(i ,,-,-_-;~,,; '--,-8"- """";__'''^ J -'--";1;, ~ DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTM,ENT AD~MS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT. and AFFIDAVIT OF RETURN INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the last (No.5) copy of this form. Please type or print legibly, insuring readability of all copies. Do not detach any copies. ACSD ENV.N 1. PLAINTlFFISI 2. COURT NUMBER Jt:Ff>liEY A. ;llillUl~ PLUt<1I:lING AND HEATING, li'iC. 01-&516 Civil Ierm 3, DEFENDANTISI 4, TYPE OF WRIT OR COMPLAINT: BEEL[~R &: VJi'lPAiiY, INC., ETi?L ' Complaint in Civil Action 5. NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Robert J. E.<eeler SERVE . 6. ADDRESS (Street or RFO, Apartment No., City, Bora, Twp., State and ZIP CODE) 125 Sutton-Road, Abbot~stovm, PA AT 7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE 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 10 any plaintiff herein for any loss, destruction or remOVed of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINAT()FI requesting service on behalf of: 10. TELEPHONE NUMBER ,,' '" ,.' , Xl PLAINTIFF '-.11'/') "9',' -,S'4f)'v' t'J,;JCK i...~ emery, t.,sq _ 0 DEFENDANT v.. ~ , ' SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE SIGNATURE oflAultlorized ACSD Deputy or Clerk and Titre 13. Date 'Received 11. DATE 12. I acknowledge reCeipt of the'writ or complaint as indicated above. 14. Expiration / Hearing date 15. I hereby CERTIFY and RETURN that Iii have pttrsonally served, D have served person in charge, D have legal evidence of service as shown in "Remarks" (on reverse) D have posted the above described property with the ~ril or complainl described on the individual, company, corporation, etc" at the address shown above or on the individual, company, corporation, etc., ai the addreSS inserted below by handing/or Posting a TRUE and ATTESTED COpy therof. 16. D I hereby certify and return a NOT FOUND bectluse I am unable to_locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served 18. A perSon of suitable age and discretion ,then relJldlng in the defendant's u$uar place of.abode. 0 ' 20, Date of Service 21. Time Read Order o hO;)€rtJ. ,Beeler 19. Address of where served (complete only if differel1t than shown above) (Street or RFO, Apartment No., City, Bora, Twp., S'.!'~e and ZlP. CODE) ,.. ._, "J. .', .- . .. , ' ;:,neet s, Inc., .i5 L ".lllg ::it., J..,lUlestO',m, Pi'. REMARKS: Dei's. current address is 104 Timber Lane, Kenville, Texas ProthonotarylDeputylNolary PtIb1lc \ \ By Jai'i:es,< 5i tJ~e of Sheriff::: iU\Yl,JI!f,J.,EI-lNAN . ",. ~~ O~ AD"~ COUNTY! ,t.' \'-- ...\ r": ~ .: ~ , , ,{ ~ 'J5H\ 23. Advance Costs 25. Miles Dep.lnt. Dep.lnt. 22. ATTEMPTS Dep.lnt. Date AFFIRMED and subscribed -to before me this N/A /" day of Date 12112/2(11)J Date 12/1,?/LC1;)1 MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERiFf'S IIETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 39. Date Received SHERIFF'S RETURN OF SERVICE { ( 1 ) The within____. upon_____ defendant by mailing to by prepaid, a true and llttested copy thereof at , the within named, mail, return receipt requested, postage on the ( The return receipt signed by defendant on the made a part of this return. ( 2) Outside the Commonwealth, pursuant to Pa. and attested copy thereof at is hereto attached and R.C.P.405 (c) (1) (2), by mailing a'truEl' in the following manner: ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the ___ said receipt being returned NOT signed by defendant, but with a notation by the Postai Authorities that Defendant refused 10 accept the same. The returned receipt and envelope is aUached hereto and made a pari of this return. And thereafter: ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address 001 the Sheriff appearing thereon, on the _ I further certify that after fifteen (15) days from the mailing date, I have nolreceiv~d said envelope back from the Postal Authorities. A certificate of mailing is hereto attached asa proof 01 mailing. ( ) ( 3) By publication in the Adams County Legal Journal, a weekly publication 01 general circulation in the County 01 Adams, Commonwealth 01 Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County 01 Adams, Commonwealth 01 Pennsylvania and having general circulation in said County lor successive weeks 01 ___ TheAlli.davits lrom said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part 01 this return" ( 4) By mailing to by mail, return receipt requested, postage prepaid, on the a true and aUested copy thereol at The Authorities marked is hereto attached. (5) Other__ returned by the Postal ( Jl1IlllXJTI ,U IIIL_mu..~"___",,,,, ,_ _ _' ''''''h' ,~ _," _ ~,,~ ,<c~~.~ , ~ " , ,0'"0,', ,""'"'~..,~,- '., ," ??"", , _,,' """,,',. ,_, ~"__',,"'_ ",.7,~ _ ~,n ~.~. -.. ,~ ~-k1 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 Jeffrey A. Wilbur Plumbing & Heating INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 2, ~~U~~~~~ER. 4. TYPE OF WRIT OR COMPLAINT SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/SI 3, DEFENDANT/51 SERVE .. AT { Beeler & COl1pany Inc. et al Notice & Complaint 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY iO BE LEVIED, ATTACHED, OR SOLD. Greg Beeler t/d/b/a LancClS~e~.z\rnish_ Tradi,I:lg COll1QCl!lY__,__ 6. ADDRESS (STREET OR RFO WITH BOX NUMBE"R, APT, N-O:, CITY, BORD, iWP., STATE AND ZIP CODE) 19 Carlisle Street Hanoyer. PA o PERSONAL 0 PERSON IN CHARGE-xx~'-DEPLfT'IZE- - Novem er o 1si eLAS-$; MAfl o POSTED o OTHER 0- 'ERT MAla an ,20_1, SHERIFF OF~COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute rr:ir"and'1flake return t ~~ccording to law. This deputization being made at the request and risk of the plaintiff. ~.7_ ,~<. ~.-:.. SHERIFF OF OUNTY - C-umber.Land 7. INDICATE SERVICE: NOW 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT ViIILLASS1ST IN -EXPEbltiNG-SE-RVicE: OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHER~FF NOTE: ONLY APPLICABLE ON WRlr OF EXECUTION: N.B. WAIVER OF WA rCHMAN - 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, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIG-NATURE FENSTERMACHER & ASSOC. 10. TELEPHONE NUMBER 691-5400 11. DATE FILED 11-16-01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF SPACEBELOW FOR USE OF .THE S1:!ERIEF 13. I acknowledge receipt of the writ or comp[aintas indicated above. R. AHRENS DO NolWRlIE.BE.L.-O IS LINE _ __ 14. DATE RECEIVED 15. Expiration/Hearing Date 11-26-01 12-16-01 16. HOWSER SONAL ( RESIDENCE ( POSTED ( ) POE( ) SHERIFF'S OFFICE ( ) OTHER { SEE REMARKS BELOW 22. REMARKS: ...... ~ he ND 89.47 40. Costs Due or Refund 12/3/01 48. Signature. of Foreign County Sheriff SIGNATURE 49. DATE OA TE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE. Sheriff's Office >l-- __ ~~ COUN1Y OF YORK OFFICE OF THE SHERIFF , ""SERVICE CALL (717) 771-9601 i': 28 EAST MARKET ST., YORK, PA 17401 , I ; SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN ,., 1. PLAINTIFF/_S!- INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES Je~frey ~. ,,,5 lbur'~:i~~ing':-~;;;>ir;~ ~>~""-~"~"~"~"2C8~~1;~u1Mt~~iv; 1 _~. ,TYPE OF VllRIT OR COMPLAINT . 3. DEFENDAt>.JJ:rSf Beeler & Canpany Inc. et al Notice & Canplaint s. NAME OF INDIVIDUAL, COMPANY,"CORPORATIOf{ ETe~TO SERVE OR DESCRIPTION OF PROPERTI' T013.'E LEVIED, ATTACHED, OR SOlD. G:>:eg Beeler tjd/bja Lancastsr !'mish Trading Ccmpany 6. ADDRESS (STREET ORR-FO VIIITH-aox NUMst:F('APl. No., CITY, BORD, l"\<Vp., STATE AND ZIP CO'O"E) 19 Carlisle Street Hanover, PA 7. INDICATE SERVICE, DPERSONAL 'tJPEFiSONIN'CHARGE~~EPd:t!~En~f1:ill-g D1STCIASSMAll, D~6sTED' DOTHER, NOVt:~:UlUer: ~ 1 rh I NOW YOrK '~" ' , 20----...Ln~\;l~~Ff OFn~CVl,JN_1Y, P~./do hereby deputize the sheriff of ~ ',',' ,', C'bUN1Y to execut' <Rfmake, r~turn according to law. This depulization oeinginade-at the-request a'ndrTSkO"ftheplaii1111t: '..- -.-.f" -"...< - SHERIFF OF COUNTY IJ. .. SERvE: .. AT { 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WiClASSIST"IN E::X'Pi:.rnfTFfG SE"RVlC'E:-' OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHEliFF N_oTE~ ONLY,ApPUCABLE ON WRIT OF EXECUTlON:--N:S.'WAlvER i:iF\vATcHMAN'-'~nYde;;,,(;f/~he7iff'ie~~'up~fta~ri'~f~y1ropertY'~nde?ittfii~ 'Wiif~y'leave S:r6e without a watl;::timan, in custody of whomever is found in possesslon, after nolifying person of levy or attachment; Without liability on the part of such deputy or the sheriff to any plaintiff herein for any5foss, destruction, Of removal of any property before sheriffs sale thereof - 9. TYPE NAME and Aob-RESS'ofATTORN'EY I ORfGINATOR and"$fGNAtURE~- ,,~-, --' . 10. TELEP'HONE NUMBE'ft 11'- DATE FILED FENSJfRWiCHER & ASSOC .<< - 691-5400 11-16-01 , ;:12. SEND NC)l'ICE OF SERVICE COPY TO NAME"ANb ADORES'S BELOW: (ThIS area muSfOei comp"feteOlrnotite-rS::t1$ be maiiei:i). CUMB~RL~.ND CO. SHERIFF (,,)~,";:1'!'.;SPA~llEt.()W FoR USE 'OF'TAE SHERIFF 13. 1 acknOWledge receipt of the writ or complafntas indicated above, R. AHRENS DO NOT WRITE BELOW THIS LINE 141 f~ 16'_'ti\,'VED 15. E><plq>li<lnit<.~ Dale J,L-lb-Ul - . -, SEE'REMARKS'SELOW -" . '" .. , ';h/t7/ 33. Costs Due or Refund CheCK No.- 89.47 /4'17:" 40. Costs Due or Refund · ~,. AFFIRM~6i3~niil'6'b;;;;;;;b'iti\~< 42.dayof ',' ',' ;':9 ',_' L;20-,.,;H . '..". , ..: ~ ':,..',PRO. , ." f't. ,,i ~,~.7 ./: ..;..r-' , "' 45. DAlE ':.:, 47. DATE :,2/3! 01 49. (j.A:TE' ,. u , ~;.'~ ___ .~_,~<:..~ ".-':_v' ';/ ,-,,;>'-'y :;-... r. 48. Signature of Foreign / ;", ~ 'L County Sheriff 50. I CKNOVvt.EDGE RECEiPT OY1t:fEnSHERIFPS ETURN SIGAATURE QF AUT!-iORIZED ,ISSUING AllTHORITY AND TITLE 51". DATE RECEIVED _,_~" "~. h. -.-,~ -.....--,~ - ;~~ 1. lIVH1TE. issuing Authority 2. PINK - Attomey 3. CANARY - Sheriff's Offioe 4. BLUE. Sheriffs Office .,_,n",:_ \, ...,'--"""'.'~. .L .,1,,-_ ,-'-~ ' "-,', " ;-:--:",",-,: ' , -~+-,~,~'~ '. '--~" - " , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY A. WILBUR PLUMBING AND HEATING, INC., Plaintiff No. 01-6516 Civil Term v. BEELER & COMPANY, INC., ROBERT J. BEELER and GREG BEELER, t/d/b/a LANCASTER AMISH TRADING COMPANY, Defendants Civil Action - Law PRELIMINARY OBJECTIONS OF DEFENDANTS BEELER & COMPANY. INC.. ROBERT J. BEELER AND GREG BEELER. tJdlb/a LANCASTER AMISH TRADING COMPANY Defendants, Beeler & Company, Inc., Robert J. Beeler and Greg Beeler, t/d/b/a Lancaster Amish Trading Company, by and through their undersigned counsel, file the following Preliminary Objections to Plaintiff's Complaint and aver in support thereof as follows: I. Preliminarv Obiection on Grounds of Improper Venue 1. On or about November 16, 2001, Plaintiff Jeffrey A. Wilbur Plumbing and Heating, Inc. filed a Complaint against Defendants in the above-referenced matter. 2. As alleged in Paragraph 2 of Plaintiff's Complaint, Defendant Beeler & Company, Inc. has a registered address of 125 Sutton Road, Abbottstown, York County, Pennsylvania 1 7301. 3. As alleged in Paragraph 3 of Plaintiff's Complaint, Defendant Robert J. Beeler is the owner of property located at 19 Carlisle Street, Hanover, York County, Pennsylvania. ", '<''''''' ;... !:till:ii-'[''''ii ~ I" I, """..-,,~~,; co"~'. 4. As alleged in Paragraph 4 of Plaintiffs Complaint, Defendant Greg Beeler operates and does business out of a location known as 19 Carlisle Street, Hanover, York County, Pe1ll1sylvania. 5. This action has been brought in the Court of Common Pleas of Cumberland County, Pe1ll1sylvania, on an alleged cause of action that allegedly arose in York County, Pe1ll1sylvania. 6. None of the Defendants have a residence, place of business or registered office in Cumberland County, Pe1ll1sylvania. 7. None of the Defendants conduct any business within Cumberland County, Pe1ll1sylvania. WHEREFORE, Defendants respectfully request that judgment be entered in favor of Defendants and against Plaintiff because venue of this matter in Cumberland County is improper. II. Preliminary Obiection in the Nature of a Motion to Dismiss Count I for Legal Insufficiencv of a Pleading Pursuant to Pa. R.C.P. 1028(a)(4) 1. Count I of Plaintiff's Complaint sets forth Plaintiff's alleged cause of action for breach of contract. 2. Plaintiffs Complaint fails to aver any facts or circumstances surrounding the alleged oral contract between Plaintiff and Defendants and further fails to allege any of the specific terms of the alleged oral agreement. 3. As such, Plaintiff's Complaint is legally insufficient to sustain a cause of action for breach of contract and is subject to demurrer pursuant to Pa. R.C.P. 1028(a)(4). WHEREFORE, Defendants respectfully request that Count I of Plaintiff's Complaint be dismissed for failure to state a cause of action. 1040445-1 2 1,"- ~~~i0l' tl1 ;~"I' , .~ 'I .' ,,~ . , III. Preliminary Obiection in the Nature of a Motion to Dismiss Count I for Failure to Conform to Law or Rille of Court Pursuant to Pa. R.C.P. 1028(a)(2) I. Count I of Plaintiff s Complaint sets forth Plaintiff s alleged cause of action for breach of contract. " ~. Plaintiff s Complaint fails to allege with any specificity the facts or circumstances surrounding the alleged oral contract and further fails to allege any of the specific terms ofthe alleged oral agreement. 3. As the result of the failure of Plaintiff to specifically plead the facts and circumstances and terms of the alleged oral agreement, Defendants are unable to adequately prepare a responsive pleading. WHEREFORE, Defendants respectfully request that Count I of Plaintiff's Complaint be dismissed, or, in the alternative, that Plaintiffbe required to plead its breach of contract claim with greater specificity. N. Preliminarv Obiection in the Nature of a Motion to Dismiss Count II for Legal Insufficiencv of a Pleading Pursuant to Pa. R.C.P. 1028(a)(4) I. Count II of Plaintiff s Complaint sets forth Plaintiff's alleged cause of action for unjust enrichment. 2. Plaintiff s Complaint fails to aver how Defendants, or anyone of them, were benefited by the services allegedly rendered by Plaintiff. 3. As such, Plaintiff's Complaint is legally insufficient to sustain a cause of action for breach of contract and is subject to demurrer pursuant to PaRC.P. I028(a)(4). 1040445-1 3 /,'. "'" ~""~~'yj -^l,.' ,,;; ":"",I~";;,,,', :"""'i"'-;', ,'. 'lll~;~~" -'-.~;,>,~",,:: . , WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Count II of Plaintiffs Complaint be dismissed for failure to state a c .~. Paul W. innich, qUIre Supreme Court No. 74453 Barley, Snyder, Senft & Cohen, LLC 100 East Market Street P. O. Box 15012 York, PA 17405-7012 (717) 846-8888 Attorneys for Defendants 1040445-1 4 , 1 .,' '.'. . .1.... ."'j i - ~ ",~~~:: . . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Preliminary Objections has been served this 31st day of December, 2001, by first class mail, postage prepaid, upon: Mark K. Emery, Esquire Fenstermacher and Associates, P.C. 5115 East Trindle Road Mechanicsburg, P A 17050 ~ YI .. h . Pau W. Mmmc , EsqUIre if!? ~:iH-iiin~~~~~~__~~-lill~:J~,{l~~!jgllim~i~ii~$'I1&.""l~li.'ilil>t1lH,~M'-J!l!~';8J1 r ,:",~""o-'e"",-~_," '~ .~, ,!N,J"I"",\JJOl!l ',J!.lUII ~ ~ml\\~U,!",~I"'<"""'N"",,",q ,'"~" L~""", ,", " y,',':;h<;,,','" "",,,- ,~, ill" J;:;'" ~',{ -, ,'" ,'- '~~",,'oo.~ 0 o C' ji~S r:r~ ..::~ '-~. " ~C) <;~lJ ..l>c;~ .cC -< -< ^"'- ~,~ ,~,- ," ,"'",~~" ~", . . - I o f"-.l (~ " :- ---'"' I fv ;:~': -'-.. CJ ;ij~q '-.,,) ~ ..-:;:; =< S? rv ..,~'~.. ," ' -I '" ~L .'I'}7.' , ~.~ - ~~,,,,,,,&;b,*"'=:"'ff" PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in dnplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: P1ease list the within matter far the next Argrnlent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) JEFFREY A. WILBUR PLUMBING AND HEATING, INC., ( Plaintiff) vs. BEELER & COMPANY, INC., ROBERT J.BEELER and GREG BEELER, t/d/b/a LANCASTER AMISH TRADING COMPANY, (Defendant) NO. 6516 Civil - Law 'i'9 2001 1. State matter to be argued (Le.. plaintiff's IlOtion for new tria1. defendant's demurrer to complaint. etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) far plaintiff: Mark K. Emery, Esq. Address: Fenstermacher, Emery and Russo, P.C. 5115 East Trindle Road Mechanicsburg, PA 17050 (b) for defendant: Paul W, Minnich, Esq. Address: Barley, Snyder, Senft & Cohen LLC 100 East Market Street P.O. Box 15012 York, PA 17405-7012 3. I will notify all parties in writing within tlIlO days that this case has been listed for argunent. ' 4. Argrnlent Court Date: May 22, 2002 Dated: 4-5-02 #y~~ Attorney for Plaintiff .\fi-('~~~'~iiij'-;~"-"l'MlJ[j~~~_~~,:i-4'1,~;,g;'~:'f-~'(~;':"~'''''''tiJj'~idjj;;!.~M1U~~~~~~*'" ".'~~- j .-= g 0 0 N "~1 ~ ~ ::;j -nUl ;:~2~ g;!rri A> ::r" " Z1); ,,::> 25~ (f'J.",,-'.- '::<'L-, h_~l~J (;20 :t'" ~ " ~O -- {~:1 ~ -'""" --0 9 om :3>0 -,,{ ~ .,.. 55 0 '< ~ "'.. " ~ .. .~ .' ,", "~~". - "" ~- -.. -~ -"-"if."-"~':;,\!,' .. J"t /' ... . JEFFREY A. WILBUR PLUMBING AND HEATING, INC., , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6516 CIVIL TERM v. BEELER & COMPANY, INC., ROBERT J. BEELER and GREG BEELER, Ud/b/a LANCASTER AMISH TRADING COMPANY, Defendants : CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action SETTLED and DISCONTINUED with prejudice. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. John R. Fenstermacher ~'3upreme Court I.D. #29940 ~115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: May 17, 2002 ~t -- ~" , ~ I~ , "",,,,,,,,,,,,,,"",,.%,",,,;, . .... " ~ . CERTIFICATE OF SERVICE AND NOW, on this 17th day of May, 2002, I, John R. Fenstermacher, Esquire, hereby certify that I have served the foregoing Praecipe to Settle and Discontinue by mailing a true and correct copy by United States first class mail, addressed as follows: Paul W. Minnich, Esquire Barley Snyder 100 East Market Street P. O. Box 15012 York, PA 17405-7012 FENSTERMACHER AND ASSOCIATES, P.C. ,;; :~~~ii:it'~{lli:~iW:~~:~'iJJ,j~~~~;( ';~1H%(Jllklili:~jGe;~i;,H.;_j;H"R':i,s~~ii".illlJI~~MM~i' ~'~'}ia Ili:LtU-'- ~ c ,=- '<""UlTH' ~_'"'d_ "111 .g"", .. 0 CJ 0 C l'0 ~'f.l ~ ~-,;,. :~f:J ,J~ ;..:>" Zl rJlrr; -< h'~ Z::r rTl ---,-,--' :"'.) , &J~l,., 0 ''-:~' -<'^ " j () !:::t. , --0 ,-, ~~f~'" , ~.-; ~g c') ~? 2) en Z ~ ~'" -'--.. =2 :D .r- -< t{~ ~, ,. ~,>