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HomeMy WebLinkAbout09-0635Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs G & R WESTBROOK WELL DRILLING, INC., Plaintiff V. WILLIAM B. GOETZ, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - & 3 ? -7"Z- 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 FARLESThents\12302 G&R Westbrook\12302A.wm Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs G & R WESTBROOK IN THE COURT OF COMMON PLEAS OF WELL DRILLING, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2009 - 635 ? WILLIAM B. GOETZ, III, Defendant COMPLAINT AND NOW, comes the Plaintiff, G & R Westbrook Well Drilling, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, G & R Westbrook Well Drilling, Inc., is a Pennsylvania corporation with a registered address at 562 East Old York Road, Boiling Springs, Cumberland County, Pennsylvania. / 171" 7 2. Defendant, William B. Goetz, III, is an adult individual with an address of 326 South 10 Street, Lemoyne, Cumberland County, Pennsylvania. i 701/3 3. Plaintiff is in the business of providing goods and services, mainly well drilling and related services, to certain businesses and individuals. 4. Plaintiff has provided both goods and services to Defendant at 133 Glenwood Road, Dillsburg, Pennsylvania. 5. Plaintiff has provided both goods and services to Defendant for a total value of $16,707.08. A true and correct copy of Plaintiff's invoice is attached hereto as Exhibit "A." 6. Defendant has failed to pay for such goods and services and, therefore, is liable to Plaintiff for the amounts owed plus interest at 1 %2% per month and costs. 7. Despite repeated demands, no payments have been made by the Defendant for amounts due nor has Defendant disputed this debt. COUNT I - BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 7 as if fully set forth. 9. Defendant has breached an expressed or implied agreement, directly or through agents, to pay for the goods and services provided to Defendant from Plaintiff and/or Plaintiff's agents. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $16,707.08, plus interest at 1 %2% per month and costs. COUNT II - QUANTUM MERUIT 10. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 9 as if fully set forth. 11. Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount of $16,707.08. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $16,707.08, plus interest at 1 %z% per month and costs. MARTSON LAW OFFICES ?--- Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: al 5-) 0 Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. EXHIBIT "A" G & R Westbrook Well Drilling, Inc. 562 E. Old York Road Boiling Springs, PA 17007 To: William B. Goetz 326 S. 10th Street Lemoyne, PA 17043 Date 12/08/2008 Balance forward Transaction CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS DUE DUE DUE 0.00 0.00 467.08 2105.00 Statement Date 1/8/2001 Amount Due Amount Enc. $16,707.08 Amount Balance 16,707.08 OVER 90 DAYS PAST DUE Amount Due 14,035.00 $16,707.08 NOS18VW 6WZ h 0 833 03AI3038 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it 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 document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. G & R WESTBROOK WELL DRILLING, INC. By: FAFILESUients\12302 G&R Westbrook\12302.4.com qq V 0 Q ? C=Z J ¢ r VI o A t CJ Cx3 SHERIFF'S RETURN - REGULAR CASE NO: 2009-00635 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND G & R WESTBROOK WELL DRILLING VS GOETZ WILLIAM B III KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon 1.1- r T M RN TI -1-1T the DEFENDANT , at 0016:43 HOURS, on the loth day of February , 2009 at 326 SOUTH 10TH STREET LEMOYNE, PA 17043 by handing to JOHN ROWLEY COUSIN; ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage Sworn and Subscibed to before me this of So Answers: 18.00 13.50 00 00 10.00 R. Thomas Kline .42 41.92 02/11/2009 MARTSON LAW OFFICES By. day A. D. C") r.a ?, ? c°_ ?- -,i --? -? t ?l ??..?_ S .. a? T. .:} t i.. '' .??T? (r.* '? Joseph B. Sobel, Attorney for Defendant I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 I.D. No. 17715 (717) 234-2200 (Tel.) (717) 234-2211 (Fax) G & R WESTBROOK, IN THE COURT OF COMMON PLEAS OF WELL DRILLING, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 2009 - 635 CIVIL TERM WILLIAM B. GOETZ, III, Defendant You are hereby notified to file a written response to the enclosed New Matter (and Counterclaim), within twenty (20) days from service hereof or a judgment may be entered against you. ?c --dZ Joseph B. Sobel Attorney for Defendant I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 Joseph B. Sobel, Attorney for Defendant I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 I.D. No. 17715 (717) 234-2200 (Tel.) (717) 234-2211 (Fax) ?annl rnm 'nib G & R WESTBROOK WELL DRILLING, INC., Plaintiff Vs. WILLIAM B. GOETZ, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 635 CIVIL TERM AND NOW, comes the defendant, William B. Goetz, III, by his counsel, Joseph B. Sobel, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. On the contrary, the prices claimed in relation to the alleged goods and services are grossly excessive, as compared both to their agreed price and their fair market value as and when furnished. 6. Denied as stated. Defendant has in fact respectfully declined to pay the price demanded, for reasons more fully stated below, and is in no event legally or contractually liable for payment either of claimed interest or any manner of costs. 7. Denied. On the contrary, as more fully stated in New Matter herein, Defendant has paid substantial sums to Plaintiff which have not been properly credited. COUNT I - BREACH OF CONTRACT 8. Defendant incorporates paragraphs 1 through 7 by reference. 9. Denied. On the contrary, Defendant has rendered full or substantial performance of the claimed agreement while Plaintiff, as more fully stated in New Matter herein, has not. WHEREFORE, Defendant demands judgment against Plaintiff, with costs of this action. COUNT II - QUANTUM MERUIT 10. Defendant incorporates paragraphs 1 through 9 by reference. 2 11. Denied. Paragraphs 5, 7 and 9 are incorporated by reference. WHEREFORE, Defendant demands judgment against Plaintiff, with costs of this action. NEW MATTER 12. Defendant incorporates paragraphs 1 through 11 by reference. 13. Defendant is the owner of a parcel of real estate situate at 133 Glenwood Road, Dillsburg, Pennsylvania, containing 12 residential rental units ("Apartments"). 14. On August 13, 2008, Defendant's system supplying water to the Apartments failed. 15. On August 14, 2008, Defendant engaged Plaintiff on an emergency basis, to provide all goods and services necessary immediately or as soon as possible to restore water service from Defendant's on-site well to the Apartments, which were then all or substantially all under lease and occupied by tenants. 16. On August 15, 2008, after Plaintiff failed to provide the requested services as and when required, Defendant was compelled to obtain emergency water services by having water, along with a pump, supplied by tank truck. 17. As of August 22, 2008, Plaintiff had still not commenced the work he had agreed to perform on an emergency basis, so that Defendant had been compelled to incur the expense of additional truckloads of water for his tenants. 3 18. On August 27, 2008, after numerous telephone calls on the part of Defendant to Plaintiff demanding that the contracted services be commenced without further delay, Plaintiffs representative advised by telephone that no one would be dispatched by Plaintiff to the Apartments until after Defendant paid substantial sums in advance, totaling $9,200.00, which funds were mailed to Plaintiff on that date. Copies of Defendant's two checks, numbered 5652 and 5653, are attached hereto as Defendant's Exhibits "l" and -2". 19. Between August 27 and September 11, 2008, Defendant placed a series of telephone calls to Plaintiff demanding that the agreed services be provided without further delay. 20. On September 11, 2008, Plaintiff's representative advised Defendant in a telephone conversation that no services would be performed until Plaintiff was satisfied that Defendant's aforesaid two checks of August 27, 2008 had cleared Defendant's bank. 21. In fact, as Defendant was shortly thereafter able to verify, the funds in question had cleared his bank as of September 3, 2008, as he immediately advised Plaintiff by telephone. 22. Plaintiff provided no goods or services to Defendant until September 15, 2008, from which point completion of the contract was delayed until approximately September 22, 2008. 4 23. During the period from August 14, 2008, when Plaintiffs services were first engaged by Defendant, through September 22, when work was completed, Defendant was forced to incur over $5,000.00 in providing water by tank truck to the tenants occupying the Apartments. A true and correct copy of the pertinent invoice, with attachments, is attached as Defendant's Exhibit "3". 24. On or about August 14, 2008, Plaintiff's representative provided an oral estimate to Defendant for the entire project, including labor and materials supplied on an expedited basis, of $10,000.00, up to a maximum of $14,000.00; and Defendant expressly relied upon Plaintiffs oral estimate in deciding to engage Plaintiffs services. 25. On or about August 14, 2008, Plaintiffs representative warranted to Defendant that all necessary work would be completed during the work week beginning Monday, August 18, 2008, and Defendant expressly relied on such commitment in agreeing to engage Plaintiff's services on an expedited basis. 26. The oral agreement of the parties reached on or about August 14, 2008, was for the provision of a new well and pump by Plaintiff, with well drilling to be charged on a per-foot basis, at a rate Plaintiff declined to specify but warranted would be consistent with that charged for similar services by others in the locale. 27. As reflected by the invoice rendered by Plaintiff, dated October 9, 2008, the rate charged per foot of drilling was $12.00, on the premise that the entire project involved drilling through solid ironstone, which involved a more difficult and time- consuming process than normal. 5 28. At the time such services were performed, the individuals involved informed Defendant that not more than approximately fifty percent (50%) of the required drilling involved solid ironstone, and that the remainder of drilling was through sandstone, which was a far less difficult and time-consuming process. 29. At various times during the 30 days between the time Plaintiff's services were initially requested and the date Plaintiff began the agreed work, Defendant obtained estimates from other well drilling concerns in the locale, none of which exceeded drilling costs of $7.50 per foot, with a maximum of $9.50 per foot for drilling through solid ironstone. 30. As further reflected by Plaintiffs invoice dated October 9, 2008, only $4,000.00 of the sum of $9,200.00 actually paid was credited by Plaintiff. WHEREFORE, Defendant respectfully requests that this Court enter judgment in favor of Defendant and against Plaintiff, together with costs of this action. COUNTERCLAIM 31. Defendant incorporates paragraphs 1 through 30 by reference. 32. Plaintiffs continuing representations as to projected costs and the time when it would be prepared to commence work on the well at the Apartments were false, misleading and made with intent that Defendant rely upon such representations. 6 33. Defendant did in fact rely, to his detriment, on Plaintiffs continuing representations as to projected costs and the time when it would be prepared to commence work on the well at the Apartments, particularly in that he met Plaintiff's demand for payment of cash advances totaling $9,200.00 and thereafter was effectively compelled to rely exclusively upon Plaintiff to perform its agreement rather than engage another provider of similar goods and services. 34. As the direct and entirely foreseeable consequence of Plaintiff's failure for a period of thirty (30) days to begin performance of a contract that was clearly understood to require prompt and timely completion, Defendant was compelled to incur out-of- pocket expenses of $5,015.00, as reflected in Exhibit 3, attached. WHEREFORE, Defendant judgment in favor of Defendant and against Plaintiff, in the amount of $5,015.00, together with costs of this action. Respectfully submitted, Joseph B. Sobel Attorney for Defendant Y.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 7 EXHIBIT EXHIBIT 2 11 sz?zoo?r INVOICE i Ulf t HEATING OILS 441 CLEAR WATER FOR SWIMMING POOLS Fuel fail 145 South Envla Drive Burner Service Enola, PA 17025 DATE Krosen 732-1775 DESCRIPTION TOTAL. r EXHIBIT E11311 Jaie• cz ?- -6 rm 8//6/05 7s- cv - ° eft T 44d /49 40. Co - ?O?d Xfy sildog A BSc, .od ?? s ? Q," adz /30, ev 160, 16o " 7e1 ^? Sf?3ls$ 1;?l L'ue GeV g1A f4$ /,30. /So.cr? ow /40, /60. m -? ' ??? ?? ? g/3ofo8?a gjslas 8 4.0..0 180.0v -- ?oax? _ ??S/off ^ ? loYd• ? ? ? 9/??/08 ? /8o • 40 . -5,- - `??S?o? /60. 00 _ p 4 ? 09 o? . s, rr?v 9 /i? ?o g 91 f .> c+ a 40 `lf?iglo? Ate' plow 1 PoU . Or+..- - ??I+r III "? f. /,Kah ?l gyp( A !(vo I 1 ?? 9/? Nos Yi?F%, I, WILLIAM B. GOETZ, III, Defendant in the foregoing action, verify that the statements made in the foregoing Answer with New Matter and Counterclaim, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. William Goetz I hereby certify that on the 13th day of March, 2009, a true and correct copy of the foregoing Answer with New Matter and Counterclaim was served upon Plaintiff by mailing same by United States mail, First Class, postage pre-paid, to its attorney of record, at the following address: CHRISTOPHER E RICE ESQUIRE MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE PA 17013-3093 Joseph". Sobel Attorney for Defendant I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 c'y ? `??, ? ? ;?=- ? : r..?_. ??, ? . ^, ? . ma v 4 'C y??tl if, ?+{?y? V" f k "`; M?? ?.. yP?" f ? l ?? ;__ C3"' FAFHM\Chents\12302 G&R Westbrook\12302.4sesponse Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs G & R WESTBROOK WELL DRILLING, INC., Plaintiff V. WILLIAM B. GOETZ, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 635 RESPONSE TO NEW MATTER AND COUNTERCLAIM NEW MATTER 12. Plaintiff s Complaint is incorporated herein by reference. 13. Admitted. 14. Admitted. By way of further response, the system supplying water to the apartments failed as no fault of Plaintiff. 15. Denied as stated. It is admitted that Plaintiff was requested to provide services to Defendant and said services were provided on that date. However, Plaintiff advised Defendant that Defendant should drill a new well and that replacing the system supplying water may not resolve the issue. Defendant decided that he would rather save costs by only replacing the damaged water system. 16. Denied. Service was provided as requested and Plaintiff notified Defendant that services would permanently rectify the situation but Defendant did not want to pay to drill a new well. 17. Denied. Plaintiff informed Defendant that Plaintiff would drill a new well for Defendant if payment was received for the services rendered on August 14, 2008, in the amount of $5,200 and that a deposit of $5,000 was paid towards the drilling of a new well. F; 18. Denied as stated. The dates of the checks speak for themselves. By way of further response, it is admitted that checks dated August 28, 2008, were received by Plaintiff after that date in the amounts of $5,200 towards the services rendered on August 14, 2008, and the sum of $4,000 towards the drilling of a new well. By way of further response, Plaintiff advised Defendant that he could provide cashiers or certified funds because Plaintiff would not commence work until the checks cleared. 19. Denied. Defendant did not contact Plaintiff on numerous occasions demanding that services be provided without pay. 20. Admitted in part and denied in part. It is admitted that Plaintiff's representative advised Defendant that no services would be performed until the two checks had cleared. By way of further response, Plaintiff made a good faith effort to deposit the checks as soon as possible and even spoke to Defendant's named bank on the checks. 21. Denied. After reasonable investigation, Plaintiffis without knowledge or information sufficient to form a belief as to the truth of the averment and therefore it is denied. Strict proof is demanded at trial. 22. Denied as stated. It is admitted that Plaintiff began drilling the well on September 15, 2008, and the well was not completed until approximately September 22, 2008 23. Denied. The documents speak for themselves. By way of further response, Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment and therefore it is denied. Strict proof is demanded at trial. 24. Denied as stated. It is admitted that Plaintiff advised Defendant that the services to install a new well would cost at least $10,000, but did not provide a maximum amount. 25. Denied. Plaintiff did not know how long the services would take to complete the work in drilling a new well and did not represent that services would be provided and completed by August 18, 2008. 26. Admitted in part and denied in part. It is admitted that Plaintiff did not give an estimate for the services to be provided. It is denied that Plaintiff provided services that were inconsistent with other drilling companies in the area based upon the particular facts and circumstances of this well. 27. Denied. The document speaks for itself. 28. Denied. Plaintiffdid not inform Defendant that the drilling through the ironstone was limited to 50% of the required drilling. 29. Denied. 30. Admitted. By way of further response, the $5,200 was paid towards the services rendered on August 14, 2008, for installing a new water system. The $4,000 which was to be $5,000 was a deposit for work towards well drilling. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $16,707.08, plus interest at I Y2% per month and costs. COUNTERCLAIM 31. Plaintiff's responses to Paragraphs 12-30 are incorporated herein by reference. 32. Denied as a conclusion of law. 33. Denied as a conclusion of law. 34. Denied as a conclusion of law. By way of further response, the document speaks for itself. Further, Plaintiff is not liable to Defendant for any out-of-pocket expenses. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $16,707.08, plus interest at 1 %2% per month and costs. MARTSON LAW OFFICES By: ?. //(f Christopher E. ce, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 'j- 31- 17 Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. VERIFICATION The foregoing is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it 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 document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. G & R WESTBROOK WELL By: FAF[LES\Clients\12302 G&R Westbrook\12302.4.com CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Response was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joseph B. Sobel, Esquire P.O. Box 828 Harrisburg, PA 17108-0828 MARTSON LAW OFFICES By: Pio M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3 1311,9 7 11 2 H 9 MAR 31 A1# 11: 1 G & R Westbrook Well Drilling, Inc. Plaintiff V. William B. Goetz, III IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.635 Civil 20 09 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice , counsel for the plaintiffit in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 16,707.08 The counterclaim of the defendant in the action is $5,015.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Joseph B. Sobel, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MARTSON LAW OFFICES BY: 0 .??..e. 'r. Christopher E. Rice, Esigtt-ire ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200___, in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY E' crr Zug ??f9?1y 1ayo6 Rte' G & R WESTBROOK WELL DRILLING, : COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM B. GOETZ, III, DEFENDANT 09-0635 CIVIL TERM ORDER OF COURT AND NOW, this ~_day of August, 2009, the appointment of Alan P. Garubba, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Michael J. Whare, Esquire, is appointed in his place. By the Cou F~ l Edgar B. Bayley, J. /Gregory B. Abeln, Esquire Chairman ~chael J. Whare, Esquire Court Administrator - ~~~,~ ,;J .~~ :sal ~t~pc E.S r~ c ~ ~, g~lt/~Q -'!__`- . ~'" rr r ~~4!~~ fiL#~ ? ~ ~f:~ 1 r~ 4 t;. ~ . l: L i~Y' Z: ~ l ,' ' F:\FILES\Clients\12302 G&R Westbrook\ 12302.4.pra ~(~i1 I~ ~; f (~C l J~ ~ Christopher E. Rice, Esquire ~ ^'~f~~~` ~i~y ,~~ Try p I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTT O GILROY & FA~~l~l~ ~~ ~`+~ ~~~ I S MARTSON LAW OFFICES Ten East High Street CUP,r~~ -.:~ , ~ ...;;W?.J;~4~I'Y Carlisle, PA 17013 ~'~ ~`~~ -~ 717-243-3341 Attorneys for Plaintiffs G & R WESTBROOK WELL DRILLING, INC., Plaintiff v. WILLIAM B. GOETZ, III, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 635 CIVIL TER_~4 PRAECIPE Please mark the above-referenced matter settled and discontinued with prej udice. Please also mark the counterclaim settled and discontinued with prejudice. MARTSON LAW OFFICES By: ~~~ ~ Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Plaintiff ~, (1T~C Joseph B. Sobel, Esquire I.D. No. 17715 P.O. BOX 828 Harrisburg, PA 17108 (717) 234-2200 Attorney for Defendant R~-CE~~ MAR ~° M~~~ ..- CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joseph B. Sobel, Esquire P.O. Box 828 Harrisburg, PA 17108-0828 MARTSON LAW OFFICES By: 0 - M. Price en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ,3 l ~ ~0~0