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Home My WebLink About99-03249.. JEFFREY C. HOLLINGER tjd/b/a J.C. HOLLINGER EXCAVATION, Plaintiff, V. DONALD A. WHEATLEY t/d/b/a D & K QUALITY HOMES, Defendants. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVAIIA NO.: 99-3249 Civil CIVIL ACTION - LAW **,t«,tr.,r,tr+t+t*,r..sr,?-k*,t**,r,r*:r*a*,t?,t,r:rx:t***,t,t?-,r,r,tvr****,t,ts,r,r«,t:ra*,r..+,t:tit,t?,ta*+t,t,t,trt?-x,r?,r,r**mt,t,txr,t,axvr*r,t JEFFREY C. HOLLINGER t/d/b/a, J.C. HOLLINGER EXCAVATION, Plaintiff, V. PAUL M. WINER AND SUSAN C. WINER, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 98-6543 MLD PRAECIPE FOR NOTIFICATION OF CHANGE OF DEFENDANT'S ADDRESS TO THE PROTHONOTARY: The Certificate of Service that was attached to the Petition for Appointment of Arbitrators that the undersigned filed with your office on July 27, 1999, listed Donald A. Wheatley, Defendant, at the following address: Donald A. Wheatley, Owner D & K Quality Homes 5 South Locust Lane Mechanicsburg, PA 17055 It has come to our attention that is address is incorrect, please correct the docket information for Mr. Wheatley to reflect the following corrected address: Donald A. Wheatley, Owner D & K Quality Homes 336 Charles Road Mechanicsburg, PA 17055 Date: Respectfully Submitted, LATSHA DAVIS & YOHE, P.C. By )onat n M. Crist, Esq. At rney I. D. No. 29936 . O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for the Plaintiff a9rs JEFFREY C. HOLLINGER t/d/b/a J.C. HOLLINGER EXCAVATION, Plaintiff, V. DONALD A. WHEATLEY t/d/b/a D & K QUALITY HOMES, Defendants. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA : NO.: 99-3249 Civil CIVIL ACTION -LAW JEFFREY C. HOLLINGER t/d/b/a, J.C. HOLLINGER EXCAVATION, Plaintiff, V. PAUL M. WINER AND SUSAN C. WINER, Defendants. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA NO.: 98.6543 MLD CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe for Notification of Change of Defendant's Address has been served by first-class United States mail, postage prepaid, upon the following: George E. Macdonald, Esquire Kaken, Macdonald & France, P.C. 2675 Eastern Boulevard York, PA 17402 Donald A. Wheatley, Owner D & K Quality Homes 336 Charles Road Mechanicsburg, PA 17055 Dated: _,,J'onathan M. Crist 49273 c? :- ?;,- ' ? ?-- - u ? `-` - - _ - c ?; tai ' ?: u - •: r ;.. i:i? Ll_? _ .:L u.C ' t•_ r.? . ?? C> o? ?t_• JEFFREY C. HOLLINGER t/d/b/a J.C. HOLLINGER EXCAVATION, Plaintiff, V. DONALD A. WHEATLEY t/d/b/a D & K QUALITY HOMES, Defendants. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA NO.: 99-3249 Civil ? CIVIL ACTION -LAW ?,r,r?*,?,rx,r?,r,?x,r,t*:r?:tt,r?t*****:t,r*?,r?W:rx***?:r?**:rx**.*?+,?,w«,rx?,r?„t,r?r***,ran,r**+??.***,r+r+,****,?x,,,t+,k,?r JEFFREY C. HOLLINGER t/d/b/a, J.C. HOLLINGER EXCAVATION, Plaintiff, V. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA NO.: 98-6543 MLD PAUL M. WINER AND SUSAN C. WINER, Defendants. PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT, JONATHAN M. GRIST, Esq. of LATSHA DAVIS & YOHE, P.C., counsel for the Plaintiff in the above actions, respectfully represents that: 1. The above-captioned actions are at issue. 2. The cases involve common questions of law, parties and facts dealing with a claim for Plaintiff's excavation services as a subcontractor to Donald A. Wheatley t/d/b/a D & K Quality Homes in the construction of a residential dwelling for Paul M, and Susan C. Winer at 543 Harvest Lane, Mechanicsburg, Pennsylvania 17055. Jeffrey C. Hollinger t/d/b/a J. C. Hollinger Excavation v. Paul M. Winer and Susan C. Winer docketed to No. 98-6543 MLD is an action upon a Mechanics' Lien claim. Jeffrey C. Hollinger t/d/b/a J. C. Hollinger Excavation v. Donald A. Wheatley t/d/b/a D & K Quality Homes docketed to No. 99-3249 Civil is in action in assumpsit. 3. The claim of the Plaintiff in Jeffrey C. Hollinger t/d/b/a J. C. Hollinger Excavation v. Paul M. Winer and Susan C. Winer, No. 98-6543 MLD is $5017.50. The claim for setoff by the Defendants Paul M. Winer and Susan C. Winer is unliquidated. 4. The claim of the Plaintiff in Jeffrey C. Hollinger t/d/b/a J. C. Hollinger Excavation v. Donald A. Wheatley t/d/b/a D & K Quality Homes, No. 99-3249 Civil is $5,667.50. There is no counterclaim or setoff asserted in this action. 5. There are no members of the Cumberland County Bar other than Glenn R. Davis, Esq. and Douglas C. Yohe Esq. of LATSHA DAVIS & YOHE, P.C. having an interest in the cases as counsel or are otherwise disqualified to sit as arbitrators. WHEREFORE, your Petitioner prays your Honorable Court to appoint three arbitrators to whom the case shall be submitted. Respectfully Submitted, Date: D ?/) 42 LATSHA PA-3oq$ & YOHE, P.C. By Jona an M. Crist, Esq. A,t orney I. D. No. 29936 ¢ O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for the Plaintiff 49081 JEFFREY C. HOLLINGER t/d/b/a J.C. HOLLINGER EXCAVATION, Plaintiff, V. DONALD A. WHEATLEY t/d/b/a D & K QUALITY HOMES, Defendants. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA NO.: 99-3249 Civil / CIVIL ACTION -LAW r,r*.*«,t,r*«..,r*.**.,r?*.**,r.,r«,rr,r,r.,r?,r,t*..,r,rx*,«r.+*,r*+*.,t*a«s***,r,rr?+r*,r**++r,r*,r+a«.,r«rt,t+..+**«,ta..a.. JEFFREY C. HOLLINGER t/d/b/a, J.C. HOLLINGER EXCAVATION, Plaintiff, V. PAUL M. WINER AND SUSAN C. WINER, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 98-6543 MLD ORDER / AND NOW, 1 3 1999, in consideration of the foregoing petition, )9:17d S 9 , are appointed arbitrators in the above-captioned action as prayed for. 49081 By the Court, 111.' (•J . ) . . rl Itl ??) . . -._. . I 11.1 L _ ? y C1i Ca l? JEFFREY C. HOLLINGER t/d/b/a J.C. HOLLINGER EXCAVATION, Plaintiff, V. DONALD A. WHEATLEY t/d/b/a D & K QUALITY HOMES, Defendants. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA :NO.: 99-3249 Civil CIVIL ACTION -LAW *,t,rr«,ta+.r*a,u*,rra,t*,r,t?,t,trt,r,a+«,t.*.,r+*.+a,t***,r.,t«+*,t*+.*ata**,tx-k++,rta.,t,t***+t,r,r,t*,t,nt*a«rx,tx+?a+„t..,t+?t+:t,k JEFFREY C. HOLLINGER t/d/b/a, J.C. HOLLINGER EXCAVATION, Plaintiff, V. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA NO.: 98-6543 MLD PAUL M. WINER AND SUSAN C. WINER, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Reply to New Matter and Setoff has been served by first-class United States mail, postage prepaid, upon the following: George E. MacDonald, Esquire Kagen, MacDonald & France, P.C. 2675 Eastern Boulevard York, PA 17402 Donald. A. Wheatley, Owner D & K Quality Homes 5 South Locust Lane Mechanicsburg, Dated: 49081 u r- ' .- ri V ? r M V l= Jeffrey C. Hollinger t/d/b/a J.C. Hollinger Excavation, Plaintiff V. Donald A. Wheatley t/d/b/a D & K Quality Homes, Defendants. Civil Action - Law No.: 99-3249 E magraph1: Agree Paragraph 2: Agree `+N l"kQ Cmvr% o? Com?nod Plear e)f CUm6e<lo,?d CmVwty Pe?Nfylv?; PatagEaph3 Deny - J. C. Hollinger was not hired by Donald A. Wheatley t/d/b/a D & K Quality Homes Inc. He was hired by his father, Charles Hollinger. The prices set forth in Exhibit "A" were not agreed upon. Paragraph4: Deny - The prices charged by the plaintiff were not fair nor reasonable because #1: I did not hire J. C. Hollinger as stated in Paragraph 3. #2: J. C. Hollinger was negligent and irresponsible in performing the work on the site. With his expertise and experience in the excavating business, he should have realized the situation he was dealing with was not working and his efforts were insufficient to get the job complete in a timely and cost efficient nuumer. He chose to proceed to run up a very costly bill instead of admitting the job needed to be handled by a blasting expert and he expects us to pay this bill which was over and beyond necessary costs to get this job done properly. Paragmph 5 Agree, he did offer a "discount" but we will not even accept a bill from J. C. Hollinger. We did not hire him. Pamgmphft: Agree, we will not pay for this negligent service. ??q 67""7' 's-, I M 1 L1.11.,. '. L. J I1!LU CJ p'` 0% _J (> SHERIFF'S RETURN - REGULAR CASE NO: 1999-03149 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOLLINGER JEFFREY C ET AL VS. WHEATLEY DONALD A ET AL KATHY J. CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon WHEATLEY DONALD A T/D/B/A D & K QUALITY HOMES the defendant, at 1950:00 HOURS, on the 16th day of June 1999 at 336 CHARLES RD. MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to DONALD WHEATLEY a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answerii Docketing 18.00 Service 8.06 Affidavit .00 Surcharge 8.00 1 $34.ub LATS DAVIS & YOHE 06 " /1i999 by Sworn and subscribed to before me this _/Lt_ day of??r.. 1999 A.D. / erocnonor-ary• i, JEFFREY C. HOLLINGER t/d/b/a J.C. HOLLINGER EXCAVATION, Plaintiff, V. DONALD A. WHEATLEY t/d/b/a D & K QUALITY HOMES, Defendants. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA NO.: Cry - 3ay9 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 witlun 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 47105.1 i J I 1 '` JEFFREY C. HOLLINGER t/d/b/a J.C. HOLLINGER EXCAVATION, Plaintiff, V. DONALD A. WHEATLEY t/d/b/a D & K QUALITY HOMES, Defendants. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA 99- 3a y9 :NO.: CIVIL ACTION -LAW COMPLAINT AND NOW, comes the Plaintiff, Jeffrey C. Hollinger t/d/b/a J.C. Hollinger Excavating, by and through his attorneys, Latsha Davis & Yohe, P.C. who files the following Complaint of which the following is a statement: 1. Plaintiff is Jeffrey C. Hollinger, an adult individual, t/d/b/a J.C. Hollinger Excavating with an address of 307 Mollie Drive, Harrisburg, Pennsylvania 17112. 2. Upon information received it is believed and therefore averred that Defendant, Donald A. Wheatley is an adult individual who at the time this contract was performed was a sole proprietor trading and doing business under the fictitious name of D & K Quality Homes with an address of 5 South Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. At the specific request of Defendant, Plaintiff, did perform certain excavating services in connection with the construction of a single family residence located at 593 Harvest Lane, Mechanicsburg, Cumberland County, 07105.1 Pennsylvania 17055, for the prices and for the amounts set forth in Exhibit "A" attached hereto incorporated herein by reference. 4. The prices charged by Plaintiff for the services performed to Defendant were fair and reasonable and in accord with those in the locality where services were performed and where the prices which Defendant agreed to pay. 5. Plaintiff had agreed to give Defendant a discount of $650.00 from the invoice attached as Exhibit "A" if said invoice were timely paid. 6. Despite repeated demands, Defendant has refused to pay the balance due and owing to Plaintiff of $5,667.50. WHEREFORE, Plaintiff, Jeffrey C. Hollinger, t/d/b/a J.C. Hollinger Excavating demands judgment of the Defendant, Donald A. Wheatley t/d/b/a D & K Quality Homes in the sum of $5,667.50 plus applicable interest and costs of this action. illy submitted, Date: 6S a7 ? o an M. Crist, Es4uir( Attorney I.D. No.: 29936 Attorneys for Plaintiffs Latsha Davis & Yohe, P.C. P.O. Box 825 Harrisburg, PA 17108 (717) 761-1880 47105.1 JEFFREY C. HOLLINGER t/d/b/a J.C. HOLLINGER EXCAVATION, Plaintiff, V. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA . NO.: DONALD A. WHEATLEY t/d/b/a D & K QUALITY HOMES, CIVIL ACTION -LAW Defendants. VERIFICATION I, Jeffrey C. Hollinger, do verify that I am the owner of J.C. Hollinger Excavating and authorize to take this Verification in its behalf. The above Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of this matter. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: a? z4 9? AYWC/C.'RollingWi/d/b/a J.C. Hollinger Excavation 47105.1 EXHIBIT ""A, tt t J !: Ilollingcr L•.% a`aCie!i Narri?liurq. Pit. 17112 Bill DkR QUAi1Tl' II,,:MES. To: DON Whcatl.y . 5 South Locust La,,•, Mechanicsburg Pa.1 055 I N V O I C E A)aLo Iin PO Number Quantity i i I i ! I 1 i N ! f K F q H H Description Lowboy EquiPm vt. To Job Site 7/6/98 Backhoo dig ru, ks 7/61UB Backhoo di' re 1:s 7/7/98 Ba.cl:hoc 718128. HgKpment Ren0l. Ibr job Packlioo 7/9!9P Equilwr.t Rent::! for job Hac•}.hov 7/10/9- dquipment. 1iont::l for Job Bar,lAien. 7/13PIP ' Equipment Rental for job Backlm, 7/11/9': E.(Iuit)mont R!rnlni for job P;irl.lwo 7/15/: Equipment Rentn!. for .inb Bacl Vice 7/16/9~ Equipment Rental for job Eluipment Rent-! for job j I!:an'. 1 ?n pnr ''?mr lhisinr? ,)r . innI ., Terms 10 Mys RaL.., !:.00 V.00 15.00 300. )0 1..!10 300.00 13.00 3Qu. )0 45.00 30t;. 00 i .00 0 '.'.)0 i5.OO 301:.00 10.00 - .0 n,ciD I._,00 Project Whontley Humps Amonnt :s-Zj cU 3GU.UO 180.00 00.00 300.00 360. ti0 30G.00 360. 10 Mo. b0 315.10 30().)0 360. 30 30L).'30 3x0.00 300.00 360.00 3zw u/ !9'!.',0 3, ?,.:.u o ,TAL: i :..... ;, BALA.%( ML: U ?: ? , . . .• ' ' ?, ? : ;, y? ?? ' ? - , - .. , ;., ?? ? ?? ?O ? V?o ? '? - w ? ? `? JEFFREY C. HOLLINGER t/d/b/a i IN THE COURT OF COMMON PLEAS OF J.C.HOLLINGER EXCAVATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 99-3249 civil DONALD A. WHEATLEY t/d/b/a D & K QUALITY HOMES, Defendant CIVIL ACTION - LAW JEFFREY C. HOLLINGER t/d/b/a IN THE COURT OF COMMON PLEAS OF J.C.HOLLINGER EXCAVATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 99-6543 MLD PAUL M. WINER AND SUSAN C. WINER Defendants NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court has scheduled the Arbitration Hearing in the above-captioned case for Tuesday, September 7, 1999 at 9:00 A.M. at the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania. Date: Joseph D. Buckley, Esquire Frances DelDuca, Esquire George Douglas, Esquire 46se4BIe4s__Ae_ Chairman, Board of Arbitrators 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 cc: Frances DelDuca, Esquire George Douglas, Esquire Jonathan M. Crist, Esquire for Plaintiffs George E. MacDonald, Esquire for Defendant Winer Donald A. Wheatley, t/d/b/a D & K Quality Homes Office of the Court Administrator JEFFREY C. HOLLINGER t/d/b/a : IN THE COURT OF COMMON PLEAS OF J.C.HOLLINGER EXCAVATION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DONALD A. WHEATLEY t/d/b/a D & K QUALITY HOMES, Defendant *w*w*wwwww*wwwwwwwwwwwwwwwwwa JEFFREY C. HOLLINGER t/d/b/a J.C.HOLLINGER EXCAVATION, Plaintiff NO. 99-3249 civil CIVIL ACTION - LAW wwwww*ww*wwwwwwwwwwwwwww*wwwwwwwwwwwwwwwwww IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6543 MLD PAUL M. WINER AND SUSAN C. WINER Defendants NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court has scheduled the Arbitration Hearing in the above-captioned case for Tuesday, September 7, 1999 at 9:00 A.M. at the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania. Date: 9'- /b'-%? Joseph D. Buckley, Esquire Frances DelDuca, Esquire George Douglas, Esquire By: Joseph D. ckl Esquire Chairman , Boar of Arbitrators 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 cc: Frances DelDuca, Esquire George Douglas, Esquire Jonathan M. Crist, Esquire for Plaintiffs George E. MacDonald, Esquire for Defendant Winer Donald A. Wheatley, t/d/b/a D & K Quality Homes Office of the Court Administrator C, ?n?Ar 7 // k1fhr1'T!F?? ?. D r K ?clr?c. ?r //z,nes OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution Of the United States and the Copp//stitution of this Common- wealth and that we will discharge the duties ofo r pi£j e wig fidelity. AWARD We, the undersigned arbitrators, having been duly (or affirmed), make the following award: (Note: If damages for delay are awarded, separately stated.) appointed and sworn they shall be [??' Gi,c h Gc.C YYh- PL h'?.e 77 Fr i LZC72- ON' --, Aro"" A "N _ A. i .- ,-rI r-' ? v. '0'4fIL s1 !l///L //L- e 1 -4-0 /VC CC A !, o 9 - L ,V3 r stcvaeo it ti rthav' n r?. applicable.) Date of Hearing:^ S Date of Award: 9/ 7/Fr in The Court of Common Pleas of Cumberland County, Pennsylvania Io. 99- .q,,?qg _'9 Arb it NOTICE OF MMILY OF AWARD Now, the '14" day of :4'"az 19 IC , at 10;35, }?• t•, the above award was entered upon the docket and notice thereof given by mail Co the parties or their attoraeys• Arbitrators' compensation to be Prothonotary paid upon appeal: 1 s ago 00 Deputy I- --- ---- fC r /1 d? ?. is r : E- ? ?_ /_ ? J 3 `??1J , Y, f; ;_ ? _? ? ? ???! ?. .. d ?, ?? -_, i ::;' a. i r '