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Home My WebLink About99-05674di 1 =! i 9. t*- 3. 11 kf phi 'J qk 9 4; )1? yS •AJ r f ?l 3t i, J . f RICHARD L. WHISLER, t/d/b/a : IN THE COURT OF COMMON PLEAS OF WHISLER'S WELL DRILLING,: CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. ROBERT H. SHUNK and MARC D. SHUNK, DEFENDANTS : NO. 99-5674 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S PRAECIPE TO DISCONTINUE COMPLAINT TO THE PROTHONOTARY: Please discontinue Plaintiffs Complaint filed to the above action, as Plaintiffs claim has been paid in full. Date: / / i y /c e7 Richard L. Webber, Jr., Esquir Attorney for Plaintiff 366 Green Spring Road P.O. Box 40 Newville, PA 17241-0040 Phone(717)776-6566 F_. uJ5? _ ? i[L U 1% LAW OFFICES SAIDIS, SHUFF & MASLAND A PROFESSIONAL CORPORATION JOHN E. SLIKE 26 WEST HIGH STREET ROBERT C. SAIDIS GEOFFREY S. SHUFF CARLISLE, PENNSYLVANIA 17013-2956 ALBERT H. MASLAND TELEPHONE: (717) 243.6222 • FACSIMILE: (717) 243-6486 JOHNNA J. DEILY EMAIL: law@ssmattys.com RICHARD P. MISLITSKY t JAMES E. REID, IR. tt KARL M. LEDEBOHM JOSEPH L. HITCHINGS MARK W. ALLSHOUSE March 10, 2000 Robert O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Richard Webber, Esq. 366 Green Spring Road Newville, PA 17241 Re: Whistler's Well Drilling v. Shunk Dear Gentlemen: WEST SHORE OFFICE: 2109 MARKET' STREET CAMP HILL, PA 17011 TELEPHONE: (717) 737-3405 FACSIMILE: (717) 737-3407 REPLY TO CARLISLE This will confirm that our hearing for March 22, 2000 at 1:30 p.m. in the fifth floor hearing room of the Cumberland County Courthouse is moving forward. Despite the fact that the Complaint has been withdrawn, the hearing on the Counterclaim will proceed. Very truly yours, S7S, HUFF & MASLAND C RCS/pm obert C. Saidis Cc: Mark Schwartz, Esq. * CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY 1t L.L.N. IN TAXATION Richard L. Whisler, t/d/b/a Whisler's Well Drilling, Plaintiff V. Robert H. Shunk and Marc D. Shunk, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5674 CIVIL ACTION - LAW NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above-captioned case will sit for the purpose of their appointment in the 5th Floor Hearing Room, New Cumberland County Court House, at Carlisle, Pennsylvania on March 22, 2000 at 1:30 P.M. DATED: 4") ?OOO TO: Richard L. Webber, Esq. 366 Green Spring Road P.O. Box 40 Newville, PA 17241-0040 Robert C. Saidis, Esq. Mark Schwart sq. Joseph >uane, E q. BYE Robert' C. Robert O'Brien, Esq. 17 W. South Street Carlisle, PA 17013 Richard L. Whisler, t/d/b/a Whisler's Well Drilling, Plaintiff V. Robert H. Shunk and Marc D. Shunk, Defendants IN THE COURT OF COMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-•5674 CIVIL 19 RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form: P_TITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard L. Webber, Jr. counsel for the plaintiffX 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 $ 5,277.33 plus interest The counterclaim of the defendant in the action is $2.000.00 The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: R harr3r rte- Webber, Jr_ and Robert L. O'brien. David A. Baric and Michael A. Scherer WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ?j --I- , w? ?j ORDER OF COURT AND NOW, 19Y4 , in consideration of the foregoing petition, <66-f-' Esq.,' C Esq., and `-r:/LCIL.?(J2? ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. <") 7 N CD Jj 0 Ol CJ JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF ALBERT H. MASLAND JOHNNA J. DEILY RICHARD P. MISLITSKY t JAMES E. REID. JR. tt KARL M. LEDEBOHM JOSEPH L. HITCHINGS MARK W. ALLSHOUSE LAW OFFICES SAIDIS, SHUFF & MASLAND A PROFESS IONALCORPORATION 26 WEST HIGH STREET WEST SHORE OFFICE: CARLISLE, PENNSYLVANIA 17013-2956 '109 MARKET STREET TELEPHONE: (717) 243-6222 • FACSIMILE: (717) 243.6486 CAMP HILL. PA 17011 EMAIL: law@ssmaltys.com TELEPHONE: (717) 737.3405 FACSIMILE: (717) 737.3407 February 9, 2000 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Re: Whisler's Well Drilling v. Shunk Dear Rob: REPLY TO CARLISLE I am in receipt of the Praecipe to Discontinue the Complaint as filed by Richard L. Webber, Jr., Esquire, are you going to be withdrawing your Counterclaim in this matter? Kindly advise so I know whether there is still a necessity for the arbitration hearing currently scheduled for March 22, 2000 at 1:30 p.m. Very truly yours, SAIDIS, SNUFF & MASLAND l / Robert C. Saidis RCS:rlm Cc: Richard L. Webber, Esquire Mark Schwartz, Esquire Joseph Ruane, Esquire CER'r1FIRD AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL. ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY n L.I-.N. IN'(AXAfION Law Offices RECEIVED JAN 2 129% RICHARD L. WEBBER, JR. ATTORNEY At LAW 366 Green Spring Road • P.O. Box 40 Newville, PA 17241.0040 Telephone: (717) 776.6566 • Facsimile: (717) 776.6086 January 20, 2000 Robert C. Saidis, Esquire SAIDIS, SHUFF & MASLAND 26 W. High St., P.O. Box 560 Carlisle, PA 17013 RE: Whisler v. Shunk No. 99-5674 Cumberland County Dear Mr. Saidis: Shippensburg Office: I West King Street Unit A P.O. Box 159 Shippensburg, PA 17257.0169 Telephone: (717) 682.2660 Facsimile: (717) 682.4888 I have enclosed a copy of Plaintiffs Praecipe to Discontinue Complaint. Defendants' counterclaim remains unresolved. Sincerely, '/ ,/ , V? •' ?/ Richard L. Webber, Jr. RLW,JR/tw Enclosure cc: Robert L. O'brien, Esquire Richard L. Whisler RICHARD L. WHISLER, t/d/b/a : IN THE COURT OF CO M VIC t'I.1' WHISLER'S WELL DRILLING,: CUMBERLAND COUNT'!', PLAINTIFF V. NO. 99-5674 CIVIL') 100 ROBERT H. SHUNK and MARC D. SHUNK, DEFENDANTS CIVIL ACTION - LAW PLAINTIFF'S PRAECIPE TO DISCON'T'INUE ( OM I. A +' TO THE PROTHONOTARY; Please discontinue Plaintiff's Complaint filed to the above action.:,.. 1 been paid in full. Date: / / /,/ lc i> Rich-rd L Web,).-r, h . I: .u Attorney for Pl<i 16 f,' 366 Green Sprin; Ru.. P.G. Box 40 Newville, I',4 1"241-t ii c Phone (717) 776-6.,%' _ r COWAONWfALTNOFPENNSYLVANIA NOTICE OF APPEAL. v =JUD F O MMON PLIAS FROM IC1Al DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No f 1 1 5U74 /ll?-, I Term NOTICE OF APPEAL Notice is given that the OPPellont has filed in the above Court of Comrron Pleas an appeal from the judgment rendered by the District Justice on tiro dale and in the case mentioned below ROBERT H. SHUNK and MARC D. SHUNK SHIPPENSBURG, PA 17257 08/18/99 RICHARD L. WHISLER CV 19 99-89 IT 19 223 WILKSON 09-3-02/SHULENBERGER ROBERT H. 7222 b MARC D. SHUNK will w sngrroa UrvLi when this rotation is required order Pa. R.CPJP. Nn 10086 /f appellant was CLAIMANT (see Pa. R.C.P.J.P. No. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to the judgment for Possession in this case FILE A COMPLAINT within twenty (20) days after ovmiure o Wothonofary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sections of loan to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon RICHARD L. WHISLER Nana of appeueels) . appellee(s), to file a complaint in this appeal (Common Pleas Nor 99-5(P74 ra v. T9-[ M ) within twenty (20) days after sere suffer entry of judgment of rwn pros svw- of appe3ae o, les ffibmey or apmr RULE: To RICHARD L. WHISLER appolee(s). Nave or appolAWsl (1) You are notified that a rule is hemby entered upon you to file a complaint in this appeal within twenty (20) days after the dale of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule 9 service was by mail is the date of mailing Date: 5u4 15a19_?2.(d.G:?VFI(?L?f'YNCa)/??°)?(li? speo.e of Fnw?aroa,y a aspuly AOPC 31244 COURT FILE Z 452 4 84 376 US Postal SerWCe Receipt for Certified No insurance Coverage Proved Mai, Do not use for ImestaN yeptlo g onal Mall See reverse) 111 o-ira L aSJust7CF U t ? r 33 e? ro NOTIC V/ THIN TE Rolus, 2 Nhal1It pate Dead ro y a ? .aa - Co e ? eeSp'"agto W7xm ? ?_ e 11 S TOTAL Poslaged Fees f ?m J at I served M f- eM € Paaenorome ITS _ p Common PI 1° 6 , t9 9 € IPon the app e . U. ;.. -0 by persona a its to t Z 452 484 377 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. nn nnl uco Inr Inlemalinnal u.:? m....._.._._. " Fee t SpedW UNary Fee s Festnded Delivery Fee FMtum F lx SMsring to 11 ?/]? •, 1 ? Wham A Date Defivered 1 .b pt Regan RWWS,s,"lrW=, Dale, BMtressees Mdrss c- TOTAL Postage AFees I s a.-c$ Pos"a*oroate DMPLAINT : Ili '.;AN eck applicable boxes) i r IiA IJ ?stice designated therein on Q!iYNdt mail, sender! -- j on 's receipt attached deielq 1 e a Complaint acco the Rule was addressed on SEPT mpanying th e above Notice of Appeal uPan,thee PPpllee( ? t . 16 r,. mall, sander's receipt att h d h 19gg .,. ?whom 4) by personal service ®by (certiliad)7EAfgrdpX ac e ereto: . SWORN (AFFIRMED) AND SUBSCRIBED B EFORE ME ?= I 16TH THIS DAY OF SEPTG gg 19- Signature of atfianf: Slgmtur i olrlcis1 alo a eNidevir wee matl C) ''t '• n II , ' i `?i9f9 eon er Calaman, Notary Public CarASle ICU bertandC MY:pommisaion expires on oumy M Commission Ex 'I Noe ? g, 1999 t •? 1' j r Member, Pennsylvania Association nl Notaries .,a , - - - - - ?' ?/ .. ... , -f i =1 m 50 .,,r,, r PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) r, z COMMONWEALTH OF PENNSYLVANIA ` COUNTY OF CUMBERLAND as AFFIDAVIT: I hereby swear or affirm that I served ® a copy of the Notice of Appeal, Common Pleas No. 99-5674 upon the District Justice designated therein on -- (date of service) SEPT. 16 '19 99, ? by personal service ($ by (certified) Tr*14MX mail, sender's, receipt attached hereto, and upon the appellee, (name) RICHARD L. W14ISLERR . SEPT. 16 1999 ?b by personal service Qby (certilietl) 0419s7Fgr6000mail, sender's receipt attached hereto, . 0 and furtherthat I served the Rule to File a Complaint accompanying theabove Notice of Appeal upon, the eppellee(s)towhom' the Rule was addressed on SEPT. 16 '1999 O by personal service ® by (certified)*X11Axtraja mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 16TH DAYOF' SEPT. ,19 99 Signature of afflant i signllur Ol Official 910 a 1 1 affidawl was made 'SItAt ,QAAt rill, •, Tlrh alollfaiaf ennl fir Celaman, Notary Public -- - '?=CtvAsle Boro. Cumberland County -' ' Mycommicslan exDirea on M Commissbn Ex its Nov ?9, 1999 " r'? . Member Pennsvlvania As^.ociation of Notaries :. i 01 cr < . ? 1JA tr0 ,, a 41SlENNSYLVANIA NOTICE OF APPEAL FROM ' JUDICIAL DISTRICT DISTRICT JUSTICE ? JUDGMENT COMMON PLEAS N. Cn ICl •711 r% ` • (T_ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Coat of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned below ROBERT H. SHUNK and MARC D. SHUNK ,,,,,,.w ralae,QME 01,01 09-3-02/SHULENBERGER SHIPPENSBURG, PA 17257 223 WILKSON LANE, FAYETTEVILLE, PA 17222 DAN OF on N IFigvrm/ ! p 08/18/99 RICHARD L. WHISLER vs ROBERT H SHUNK & MARC D SHUNK 1 CV 19 99-89 1008E vnn oe SIgnnea ONLY when this notation is required under Pa. R.C.P.J.P. No If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to the judgment far possession in this case FILE A COMPLAINT within twenty (20) days after Sugnafure of ProthoruWary or Deputy tiling his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary RICHARD L. WHISLER Enter rule upon , appellee(s), to file a complaint in this appeal - Name of eswfwersl u1? (Common Piece No, 99-5tp74 CL V p I I erg ) within twenty (20) days after sovic r ;suffe? entry of judgment of ran prof SV"M of enneseat a his of w" a agent RULE: To RICHARD L. WHISLER appellees) Name or 8WIA (al (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGA NST YOU. (3) The daft of Service ofthis rule 'f service was by mail is the date of mailing. ,., .1(L?1' ? } Dale:19LZ.L?7 Y • lgrdcr nLAIIT SYI•) _ ?? a Depulya Dapuly ADPC31g-ea COURT FILE TO BE FILED WITH PROTHONOTARY V1.14u' 7, l ? m al C-6 00 r^ 06 :T ? 44.i._ L-. J1?1 •;? _ 1 ' .-Bt' u09elldxe uop9lwwoo_Ary .. 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HELEN B. SHULKNBERGER 1° . P.O? BOX 155 27 If. BIG SPRING AVENDE LLE, PA wepvm (717) 776.3187 17241 NOTICE OF JUDGMENTITRANSCRIP PLAINTIFF CIVIL CASE NJ.IE,w ADDRESS rNRISLER, RICHARD L. 3661 GREEN SPRING RD WHISLERS WELL DRILLING LNEWVILLE, PA 17241 VS. DEFENDANT: N E,MADDRFSs rSHONX, ROBERT H., ET AL. 1210 MANS HOLLOW RD SHIPPENSBURG, PA 17257 HELEN S.ISHU!LENBERGER P.O. 80X,155 27 W. BIO SPRING AVENUE NEWVILLE? PA 17241 THIS IS TO NOTIFY YOU THAT: L Docket No.: CV-0000069-99 j Data Filed: 7/09/99 Judgment: DePA .T .mOMIER ro PT.TP ® Judgmttnit was entered for. (Name) VRTATRR, vrrmagn r._ ® Judgm9nl was entereC against: (Name) AR=. AnRTEPT R In the all mount of$ S,2SA_oe on: ? Defendants are jointly and severally liable. ? Dame as will be assessed on: ? This c?,se dismissed without prejudice. Arncu It of Judgment Subject to ? AttachnerVAct 5 of 1996 $ i ? Levy is stayed for-- days or ? generally stayed. (Date of Judgment) A(Sq,/ao (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attcrnev Fees Post Judgment Credits $ Post Judgment Costs S c.cs..sac..- LCertified Judgment Total $ 17 Objecdon to levy has been filed and hearing will be held: L Date: Place: _ I Time: - ANY PARTY AS THE RIGHT 70 APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTA9Y!CLERK OF THE COURT OF COMMON PLIEASrCIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL i ?? - Date ^?? • District Justice I certily that this is a true and co rect copy off, the record of the proceedings contain'ng the judgment. Date District Justice My commit}sion expires first Monday of January, 2000 SEAL AOPC 315.90 QQ- ''L?N COMMONWEALTH OF PENNSYLVANIA CIVIL COMPLAINT Magisterial District Number 09 3 02 PLAINTIFF: DJ Name: Hon. Address: Helen B. Shulenberger Name Richard L. Whisler, t/d/b/a 27 W. Big Spring Avenue AddressWhisler's Well Drilling, Plumbing & Newville, PA 17241 Heating Telephone NO. (717) 776-3187 366-1 Green Spring Road COMPLAINT NUMBER: CV -89-99 Newville, PA 17241 DATE FILED: 07-12-99 DEFENDANT(S): VS. D-1 Name Robert H. Spunk AMOUNT DATE PAID Address FILING COSTS S 88.00 1220 Means Hollow Road SERVICE COSTS $ 12.00 Shippensburg, PA 17257 J.C.P. $ D-2 Name AddressMdiC D. Shank 223 Wilkson Lane TOTAL $ 101.50 07-09-99 Fayetteville, PA 1 7222 ?? / 7 TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 5.038.12 pFogethe wlifi co r upoe?l" the following claim (Civil Fines must Include citation of the statute or ordinance vlolated): []6'IIIDR ?.rt.. ..-....:- .. th i _. _ Plaintiff provided well drilling and related materials and labor for property located 1220 Me am Hollow Road, Shippensburg, PA. The property is owned by Marc D. Spunk. The at , ,, ?ervices...wete. provided at the request of Robert H. Shank. I, Richard L. Whisler verily that the facts set forth } ,- In this complaint are true and correct to the best of my knowledge, Information, and belief. This statement is made subject to the penalges of t P000" 904 of the Crimes Code (18 Pa. C.SA. § 4904) related to unswom falsification to authorities. A (Sghi ture of Plaintiff ar Authorized Agent) 1F Riara _L. Webber, Jr., Esq. Gr 3spring Rd.r P.O. Box 40, Newville PA "'36 Telephone. (7171 776-6566 ?,,,. Ad mqs" t t OBIS SCHEOULED'B Y DISTRICT JUSTICE AS FOLLONVS: HI HF i , E ? 2ZWest Biel S?nrina Avenue, Newville, PA 17241 ,,,t ,n tQQO Y Tres' IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. IF YOU HAVE A CLAIM against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file It on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request Information from this office as to the procedures you may follow. Service of Process D/ D2 D1 D2 D1 D2 ? ? Registered/Certified Mail ? ? Proof of Service Attached ? ? Not Served D1 D2 ? ? Returned Receipt Attached ? 01 Dale Served ? D 1 Reason ? D2 Dale Server) ? D2 Reason AOPC 308-90 DISTRICT JUSTICE-PERMANENT COPY i I _ I? I N . _... _.. . . W n iisi? I) WWIIS - f a . j - _.. .._. .... VIII IIN ,411'4 :r ll:1 'H 11VU cl- ___-. )uoUmC 1pup 1: 1, -,. rl ?rl: r 7 I •. o IlWll JJVrI, I I nu4'1" 1 . • co „. 1 1 ., ;.-u !? I -IIvt I) syntw9y __ __ . __._ ,. .. ICIIVrl11 u.ulG 1 pl q.,,? ,., ., 1. 1.• INldIUj ? 31 VI I w!. U Jq4 ? S l 0'1 ... tgj I -- Ip -,ur,n 1 I w ?n.Lh. u. x,.) t 1111 Illv -_- - . (nu u,ul lUl ';u: y."I 111 ! IIV.li u„ I'o ll v"N 1)(1111111 ? ' VI. p,Jill u'rl'l ? , I NOIIISOdSI(1 t IIt'il"°I. ?,. ?I?.y ..lrudiw iimpu. y.>U ? IZ-(]I'/.1.NW(IN3a3(I _...._? i J : it rl, 1?"11-,, Ava G':. ... : I ;1J ?'.nnlaU loN .. '1VI Cll i i ? ?le Ilgil]IIB(?3?.J i 77- I ... .1:v. ri .. 14141 RNW ??{ ,J101 IIlCP10Ra (3 . ? .416 4 ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF: toum"BK .ADvu Ma9. Dial. No.: 09-3-02 DJ Name: Hon. HELEN B. SHDLENBERGER Address: P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Telephone: (717 ) 776-3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVHl NSWVILLE, PA 17241 THIS IS 1'0 NOTIFY YOU THAT: Judgment: ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME ail ADDRESS rWHISLER RICHARD L. , 3661 GREEN SPRING RD WHISLERS WELL DRILLING LNr W LLE, PA 17241 J VS. DEFENDANT: NAME aad ADDRESS rSHDNR, ROBERT H., ET AL. 1220 MEANS HOLLOW RD SHIPPENSBURG, PA 17257 L J DocketNo.: CV-0000089-99 Date Filed: 7/09/99 (Name) WHIAT.RR, RTCHpRD T.- ® Judgment was entered against: (Name) sRnenc RAARRT T;. in the amount of $ q, 25R _ o4 on: ? Defendants are jointly and severally liable. El Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/Act 5 of 1996 $- F-] Levy is stayed for days or ? generally stayed. ? Objection to levy has been filed and hearing will be held: (Date of Judgment) A/1 R/QQ (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Post Judgment Credits Post Judgment Costs Certified Judgment Total Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS,-CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. Date , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2000 SEAL AOPC 315-99 RICHARD L. WHISLER, t/d/b/a : IN THE COURT OF COMMON PLEAS OF WHISLER'S WELL DRILLING,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 99- 5'67Y CIVIL TERM ROBERT H. SHUNK and MARC D. SHUNK, Defendants CIVIL ACTION -LAW NOTICE: You have been sued in court, if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days tiller this appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that il' you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE., GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE. YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 liberty Avenue Carlisle, PA 17013 Telephone: (717) 249.3166 rM e.f Y yyr, .. isy ?p ` RICHARD L. WHISLER, t/d/b/a ; IN THE COURT OF COMMON PLEAS OF WHISLER'$ WELL DRILLING,. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 99- .54 7/ CIVIL TERM ROBERT H. SHUNK and MARC D. SHUNK, Defendants CIVIL ACTION-LAW L COMPLAINT NOW COMES THE PLAINTIFF, RICHARD L. WHISLER, t/d/b/a WHISLER'S WELL DRILLING, by its attorney, Richard L. Webber, Jr., and files the following Complaint. COUNT I - BREACH OF CONTRACT 1. Plaintiff is RICHARD L. WHISLER, t/d/b/a WHISLER'S WELL DRILLING, with business address of 366-1 Green Spring Road, Newville, PA 17241. 2. Defendant ROBERT H. SHUNK is an adult individual residing at 1220 Means Hollow Road, Shippensburg, Pennsylvania 17257. 2 3. Defendant MARC D. SHUNK is an adult individual residing at 223 Wilkson Lane, Fayetteville, Pennsylvania 17222. 4. Defendant MARC D. SHUNK is the record owner of real property located in Southampton Township, Cumberland County, PA, known as 1220 Means Hollow Road, Shippensburg, pA 17257. 5. Defendant ROBERT H. SHUNK is the equitable owner of said real property. 6. On or about December 1998, Plaintiff provided well drilling, excavating, and plumbing supplies to Defendants' real property described in paragraphs 4 and 5 above. 7. The labor and materials for which this claim is made were furnished pursuant to a written agreement with Defendant, Robert H. Shunk. A copy of said Agreement is attached hereto, incorporated by reference herein, and labeled as Exhibit A. 8. At all times relevant hereto, Defendant Marc D. Shunk consented to the materials and labor furnished by Plaintiff. 9. Under the terms of said verbal agreement, Plaintiff was to be paid for time and materials furnished by him at his standard rates, and the standard interest charge of one and one-half (1.5%) percent per month. 10. The labor and material charges for items provided to Defendants by Plaintiff totalled $4,590.54. 11. Attached hereto and labeled as Exhibit B, and incorporated by reference herein, is a written invoice dated December 16, 1998 evidencing the labor, material and corresponding charges. 12. Plaintiff fully performed his obligations under the terms of the written agreement. 13. Neither of the Defendants have paid any amount toward the balance. 14. On July 12, 1999, Plaintiff incurred filing fees in the amount of $ 101.50 paid to District Justice Helen Shulenberger's office. 15. The balance remaining owed by Defendants is $ 5,175.83 calculated as follows: $ 4,590.54 original principal balance 101.50 District Justice filing fee + 585.29 interest on principal balance from 1/16/99 to 10/1/99 $ 5,277.33 total balance as of 10/1/99 16. Additional interest of 1.5% per month from October 2, 1999 continues to accrue on the principal balance. WHEREFORE, Plaintiff respectfully requests that your Honorable Court to enter judgment in favor of Plaintiff and against the Defendant, in the amount of $ 5,277.33 plus interest at the rate of one and one-half (1.5%) percent per month on the principal balance from October 1, 1999, costs of suit, and other appropriate relief. COUNT II - UNJUST ENRICHMENT 17. The averments of Paragraphs 1 through 16 above are incorporated by reference herein as though set forth in full. 18. Plaintiff supplied the aforesaid labor and materials with the expectation of remuneration. 19. Defendants have been unjustly enriched in that they received the use and value of the aforesaid materials and labor, without any payment to the Plaintiff. 20. The labor and materials furnished by Plaintiff have increased the value of Defendants' real estate. 21. Plaintiff has incurred monetary damages as indicated herein. WHEREFORE, Plaintiff respectfully requests judgment in his favor and against Defendant for $ 5,277.33 together with interest at the rate of one and one-half (1.5%) percent per month on the principal balance from October 1, 1999, costs, and other appropriate relief. COUNT III - QUAUNIUM MERUIT 22. The averments of Paragraphs 1 through 21 above are incorporated by reference herein as though set forth in full. 23. Defendants have accepted the labor and material supplied by Plaintiff. 24. The value of the labor and material is $4,590.54. WHEREFORE, Plaintiff respectfully requests judgment in his favor and against Defendant for $ 5,277.33 together with interest at the rate of one and one-half (1.5%) percent per month on the principal balance from October 1, 1999, costs, and other appropriate relief. -J-L') 2 Richard L. Webber, Jr., Attorney for Plaintiff 366 Green Spring Road P.O. Box 40 Newville, PA 17241-0040 (717) 776-6566 I verify that the statements made in this Complaint are true and correct, I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: /o -G. gy 44 CHARD L. WHISLER, t/d/b/a WHISLER'S WELL DRILLING RICHARD WHISLER WELL DRILLING-PLB.&HTG.-EXCAVATION o ; 366-1 GREENSPRING ROAD u, ' NEWVILLE, PA. 17241 PH# 776.6211 FAX# 776-9441 ROBERT SHUNK 1220 MEANS HOLLOW RD av . SHIPPENSBURG, PA. 17257 RE: CONTRACT ' 300 FT DRILLING AND STEEL CASING FOR GRAVEL WELL @$15.00 PER FT.-------------------------------------------$4500.00 I DRIVE SHOE--------------------------------------------- 75.00 1 LOCKING WELL CAP------------------------------------ 45.54 TOTAL ----- ---------------------------------------------- --$4620.54 ADDITIONS OR SUBTRACTIONS TO THE DEPTH WILL BE ADJUSTED. 8" CASING AND 5" CASING WILL BE EXTRA IF IT IS NECESSARY. I DO NOT GUARANTEE QUANITY OR QUALITY OF WATER. INVOICE TO BE PAID IN FULL WITHIN 15 DAYS AFTER COMPLETION. SIGNATURE OF AGREEMENT BY CUSTOMER. SINCERELY, RICHARD WHISLER {..{5jiuil' Exhibit A 41CHARD WHISLER WELL DRILLING- PLB. & HTG - EXCAVATING 366-1 GREEN SPRING ROAD NEWVILLE, PA 17241 (717) 776-6211 Fax (717) 776-9441 Bill To: ROBERTSHUNK 1220 MEANS HOLLOW ROAD SHIPPENSBURG, PA. 17257 Ship To: INVOICE Date Invoice No. 12/16/98 1953 P.O. Number Terms Rep Date Due Ship Via F.O.B. Tax I.D. # I NET 15 1-1/2% 1001 12/31/98 Del Quantity Item Code Description Price Each Amount 298.00 DR1400 DR Drilling - Gravel/w casing 15.0000 4470.00 1.00 DR6251 DR 6-1/4" ID Drive Shoe Rotar 75.0000 75.00 1.00 DR6200 DR 6' LOCKING WELL CAP' 45.5400 45.54 Subtotal: 4590.54 I OFFICE Towl: 4590.54 Exhibit B : n L i tj ??. `• !n_ r- Cmi C> iS? J L' RICHARD L. WHISLER, t/d/b/a : IN THE COURT OF COMMON PLEAS OF WHISLER'S WELL DRILLING,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 99-5674 CIVIL TERM ROBERT H. SHUNK and MARC D. SHUNK, Defendants CIVIL ACTION -LAW RESPONSE TO COUNTERCLAIM NOW COMES THE PLAINTIFF, RICHARD L. WHISLER, t/d/b/a WHISLER'S WELL DRILLING, by its attorney, Richard L. Webber, Jr., and responds to the Counterclaim filed by Defendant Robert H. Shunk as follows: 25. DENIED. Plaintiff has completely fulfilled all obligations pursuant to the contract in a good and workmanlike manner. Plaintiff is totally unaware of the need for a water filtration system. Neither of the Defendants mentioned it to Plaintiff or Plaintiffs counsel at any time prior to the filing of the Counterclaim. Date: lI l?Iyy Richard L. Webber, Jr., Attorney for Plaintiff 366 Green Spring Road µ"'y P.O. Box 40 Newville, PA 17241-0040 (717) 776-6566 I verify that the statements made in this Response to Counterclaim are true and correct, I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: RICHARD L. WHISLER, t/d/b/a WHISLER'S WELL DRILLING C}7[ O >' F GJ _ C O a? ; RICHARD L. WHISLER, t/d/b/a WHISLER'S WELL DRILLING, Plaintiff V. ROBERT H. SHUNK and MARC D. SHUNK, Defendants IN-THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .n 0 NO. 99-5674 CIVIL TERM l7J J q CIVIL ACTION - LAW 73 `- "? ANSWER AND COUNTERCLAIM -< "' 1. One through nine admitted. 10 Admitted that he would be paid for time and materials but denied that he agreed to pay interest charges. 11. Admitted. 12. Denied that there was any written agreement. Plaintiff did not complete the work in a proper manner and as a result, the water is muddy. Plaintiff said he would put a thirty V of reservoir of crushed stone in the well which he never did. 13. In June, Defendants offered to enter into a repayment agreement which Plaintiff rejected. 14. Admitted. 15. Denied that any interest is due. 16. Denied that any interest is due. 17. Not applicable. 18. Admitted. I 19. Defendants admit that they have received some benefit from Plaintiffs work but that Plaintiffs failure to complete the job has resulted in Defendants having to install a $2,000.00 water filtration system. 20. Admitted. 21. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the averment. 22. Not applicable. 23. Admitted. 24. Denied that it is the value due to Plaintiffs failure to complete the job COUNTERCLAIM 25. The failure of Plaintiff to complete the job has required Defendants to install a $2,000.00 water filtration system. WHEREFORE, Defendants request judgment against Plaintiff in the amount of $2,000.00. Respectfully submitted, O'BRIEN, BARIC & SCHERER By. T -cJ?LJ,ll1t.?? Robert L. O'Brien, Esquire I. D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that statements made in the foregoing Answer and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities. ROBERT H. SHUNK `?a cSn r c1 L U310, S le r ) ?W 1 b Marc ?, `?++uN? OATH In The Court of Cot=on Pleas of Cumberland County, Pennsylvania No . ()q, - 5 /o -7'q 19- We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties of oure?ce with fidelity. Chairman uJn_ N 2 C ` ? ;lJ ?vr7 N ..J n ' AWARD _ C7 L{a; thi ukersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) /,vr P%' /U )? i A) ,-nyo2 0?- Trfif f L-At A)71 K-F Div )-? -Q) A-Wi K Cn?> `?G Iq /rln . i7L i, ?4: A) 7 1 t-921G ? /VA- L r /-A 66W Arbitrator, dissents applicable.) Date of Rearing: ejklc Zz '&W Date of Award: /G[t lr 2 Z zcw NOTICE OF ENTRY OF AWARD the °? day of Now `/s ate-11 c;W, )d , at a70 , f .M., the above , award was entered upon the docket and notice - thereof given by mail to the parties or their attorneys. Arbitrators' comoensation to be /s/ pp ?o lvYtftG paid upon appeal: othonotar;r $ By: Deputy (Insert name if ??16.1.f Y`?vr?el?ns ?- 55uGiATfS =/Lw.?1? /VLG,?vIG/lT + /tvGhLE 5 Iv1AR-k D. S?l+,rn?rz/ Esa