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Home My WebLink About01-6516JEFFREY A. WILBUR PLUMBING AND HEATING, INC., Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. BEELER & COMPANY, INC., ROBERT J. BEELER and GREG BEELER, t/d/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 JEFFREY A. WILBUR PLUMBING AND HEATING, INC., Plaintiff BEELER & COMPANY, INC., ROBERT J. BEELER and GREG BEELER, t/d/b/a LANCASTER AMISH TRADING COMPANY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 'NO. : CIVIL ACTION - LAW COI~IPLAINT 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. 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 Vvilbur, delivered to VVilbur's Mechanicsburg, Pennsylvania address. 9. During the course of the work, Wilbur provided all said services in a reasonable, workmanlike and professional manner. The total unpaid costs for said services as of this date total $9,221.10. Despite repeated demands, Defendants have failed and refused to make 10. 11. payment of said amount. COUNT I Jeffrey A. Wilbur Plumbing & Heating, Inc. v. Beeler & Company, Inc., Robert J. Beeler and Greg Beeler, t/d/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 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 $9,221.101 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, t/d/bla 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 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: Mark K. Emeq~ Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff Dated: !i- i~'-Ol VERIFICATION I, Jeffrey A. Wilbur, President of Jeffrey A. Wilbur Plumbing ami Heating, Inc., hereby certify and varify that the fac~a eat forth in the foregoing Complaint are true and correct to the beet of my knowledge, Information and belief. I urtclemtand that any false statement~ herein are subject to the penallles of 18 Pa. C, $, ~4904 relating to unswom falsification to authorities. J~l~ey ~,. W, Ibur IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY A. WILBUR PLUMBING AND HEATING, INC., Plaintiff BEELER & COMPANY, INC., ROBERT J. BEELER and GREG BEELER, t/d/b/a LANCASTER AMISH TRADING COMPANY, Defendants No. 01-6516 Civil Term Civil Action - Law PRELIMINARY O~BSE~C~T~i~O~S_~O_F DEFENDANTS BEELER & COMPANY INC. ~us~t6Rl' ,L BEELER AND GREG BEELER. ,t/d/b/a LANCASfER 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. Preliminar~ Objection on Grounds of Improper Venu,. 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 PlaintiWs Complaint, Defendant Beeler & Company, Inc. has a registered address of 125 Sutton Road, Abbottstown, York County, Pennsylvania 17301. 3. As alleged in Paragraph 3 of PlaintilTs Complaint, Defendant Robert J. Beeler is the owner of property located at 19 Carlisle Street, Hanover, York County, Pennsylvania. 4. As alleged in Paragraph 4 of Plaintiff's Complaint, Defendant Greg Beeler operates and does business out of a location known as 19 Carlisle Street, Hanover, York County, Pennsylvania. 5. This action has been brought in the Court of Common Pleas of Cumberland County, Pennsylvania, on an alleged cause of action that allegedly arose in York County, Pennsylvania. 6. None of the Defendants have a residence, place of business or registered office in Cumberland County, Pennsylvania. 7. None of the Defendants conduct any business within Cumberland County, Pennsylvania. WHEREFORE, Defendants respectfully request that judgment be entered in favor of Defendants and against Plaintiffbecause venue of this matter in Cumberland County is improper. 1I. Preliminary Objection in the Nature of a Motion to Dismis:; Count I for Legal Insufficiency 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. Plaintiff's 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. I028(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 III. Pr_~eliminarg Obiection in the Nature of a Motion to Dismiss Count I for Failure to Conform to Law or Rule of Corot _Pursuant to Pa. R.C.P. 1028(a)(2) 1. Count I of Plaintiff's Complaint sets forth Plaintiff's alleged cause of action for breach of contract. 2. 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 of the alleged oral agreement. 3. As the result of the failure of Plaintiffto specifically plead the facts and circurnstances 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 Plaintiff be required to plead its breach of contract claim with greater specificity. IV. preliminary Obiection in the Nature of a Motion to Dismis:; _Count II for Legal Insufficiency of a Pleading Pursuant t, 1. 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 any one 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 Pa.R.C.p. 1028(a)(4). WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Count II of Plaintiff's Complaint be dismissed for failure to state a c se o tio Paul W. ~innich, esquire'x` 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 ~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, PA 17050 aul W M~nmch, Esquire PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and su~mzitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pl-~e ii~t the within mmtter f~r the next Az~t~r~nt Court. CAPTION OF CASE (entir~ caption must be stated in f~,ll) JEFFREY A. WILBUR PLUMBING AND HEATING, INC., BEELER & COMPANY, INC., ROBERT J. BEELER and GREG BEELER, t/d/b/a LANCASTER AMISH TRADING COMPANY, (plaintiff) ( Defendant ) No. 6516 Civil- Law ~92001 1. State matter to bear~oued (i.e., plaintiff'smotioa for new trial, defemdant's d~r to c~,%.l~int, etc.): Defendant's Preliminary Objections 2. Identify counsel ~ will argue case: e (a) f~r pl~tiff: Mark K. Emery, Esq. ~%~r~ss: Fenstermacher, Emery and Russo, P.C. 5115 East Trindle Road Mechanicsburg, PA 17050 (b) for defendant: Paul W. Minnich, Esq. ~]dr~ss: Barley, Snyder, Senft & Cohen LLC 100 East Market Street P.O. Box 15012 York, PA 17405-7012 I w~ll notify ~11 parties in writingwithin t%~d~ys that this r~ehas been l~ted for ar~r~nt. 4. Argtm~nt Court Date: May 22, 2002 Dated: 4-5-02 Attorney for Plaintiff JEFFREY A. WILBUR PLUMBING AND HEATING, INC., Plaintiff BEELER & COMPANY, INC., ROBERT J. BEELER and GREG BEELER, t/d/b/a LANCASTER AMISH TRADING COMPANY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6516 CIVIL TERM TO THE PROTHONOTARY: Please mark the above-captioned action SETTLED and DISCONTINUED with prejudice. Respectfully submitted, FENSTERMACHERAND ASSOCIATES, P.C. acher iSupreme Court I.O. #29940 .51~ 5 East Trindle Road ~-~Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: May 17, 2002 PRAECIPE TO SETTLE AND DISCONTINUE : CIVIL ACTION - LAW 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. hn-~. Fenstermacher