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Home My WebLink About09-2729W&S BUILDERS, INC., Plaintiff V. SANDRA WIRTH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - a?a9 Ci v t Tern, : CIVIL ACTION 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 j udgment 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney I.D. No. 16267 Email: Tadler@ReagerAdlerPC.com BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JPietrzak@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for W&S Builders, Inc. W&S BUILDERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. D 9 - 7.,7 4 C-;j --tom- SANDRA WIRTH CIVIL ACTION Defendant COMPLAINT 1. Plaintiff W&S Builders, Inc. (hereinafter "W&S") is a corporation incorporated under the laws of Commonwealth of Pennsylvania with it's offices located at 13 North Progress Avenue, Suite 204, Harrisburg, Pennsylvania 17103. 2. Defendant Sandra Wirth (hereinafter "Sandra Wirth") is an adult individual with an address of 1429 Raven Hill Road, Mechanicsburg, Pennsylvania 17055. 3. The property for which possession is sought to be recovered is 1429 Raven Hill Road, Mechanicsburg 17055 (hereinafter the "leased premises"). 4. W&S is the owner and landlord of the leased premises. 5. W&S leased the leased premises to Sandra Wirth pursuant to an oral lease that began on August 1, 2006. The oral lease was for a month-to-month tenancy for a term of less 1 than three years. 6. Pursuant to the oral lease, Sandra Wirth was responsible to pay rent in the amount of $1,064.00 per month from August 1, 2006 forward. 7. Sandra Wirth has not paid any amount of rent for any month from September 2006 to the present. 7. Sandra Wirth has been in continuous occupation of the leased premises from August 1, 2006 to the present. 8. W&S served a notice to quit to Sandra Wirth, by letter dated November 12, 2008. A true and correct copy of the November 12, 2008 Notice to Quit letter is attached hereto as Exhibit "A". 9. Sandra Wirth remains in possession of the leased premises and refuses to give up possession of the property. 10. At the time of the filing of this Complaint, the amount of rent that remains due and owing to W&S is $32,984.00 for 31 consecutive months from September 2006 through April 2009. Rent will continue to come due and accrue at the rate of $1,064.00 per month. WHEREFORE, Plaintiff, W&S Builders, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against Defendant Sandra Wirth, for possession of the leased premises and for monetary relief in the amount of $32,984.00, plus $1,064.00 for each month Defendant occupies the leased premises from the date of filing, and for any real estate or school taxes that come due from the date of filing while Defendant Sandra Wirth continues to occupy the leased premises, plus interest and costs and such other relief as the Court deems appropriate. 2 Respectfully submitted, Date: April 29, 2009 REAGER & ADLER, P.C. aj",,4 1 ' The ore A. Adler, E ire Att rney I.D. No. 16267 John H. Pietrzak, Esquire Attorney I.D. No. 79538 Attorneys for Plaintiffs W&S Builders, Inc. 3 VERIFICATION I, Kenneth C. Wirth, am the President of W&S Builders, Inc., and, as such, I am authorized to verify that the averments of the foregoing document are true and correct to my personal 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. Date: S? 6 By: kzs;;r(-r - ?-?I Kenneth C. Wirth, President W&S Builders, Inc. S_ _1DIS, FLOWER & LIND A PROFESSIONAL CORPORATION 2109 MARKET STREET , JOHN E. SLIKE CAMP HILL, PENNSYLVANIA 17011 ROBERT C. SAIDIS TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407 JAMES D. FLOWER, JR EMAIL: dreynosa®sfl-law.com CAROL J. LINDSAY www.sfl-law.com JOHN B. LAMPI DANIEL L. SULLIVAN GEORGE F. DOUGLAS, III DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS November 12, 2008 Sandra Wirth 1429 Raven Hill Rd. Mechanicsburg, PA 17055 Certified Mail No. 70040550000089512963 Re: Notice to Quit Premises- 1429 Raven Hill Road To: Sandra Wirth CARLISLE OFFICE: 26 WEST HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL Please be advised that this office represents W & S Builders, Inc., the Lessor of the property at which you currently reside. Pursuant to 68 P.S. § 250.501, you are hereby notified of your material default of the oral lease that obligates you to pay monthly rent for your occupation of the above referenced premises. Specifically, you have committed a continuing monetary default in that you have failed to pay rent due and owning since September of 2006 through the date of this letter, which amount totals $28,728.00 (i.e., 27 months of non-payment at the rate of $1,064.00/month). The Lessor intends to terminate the Lease and re-enter and possess the Premises, and to pursue all remedies available pursuant to applicable law if you fail to cure the default within thirty (30) days of this Notice. Please govern yourself accordingly. DER Cc: Client Frank Wirth LAW OFFICES Sincerely, W&S BUILDERS, INC., By and through its Counsel Saidis, lower & Lindsay t.By: can . Reynosa, Esq. FILE COPY I _ ¦ Complete items 1, 2, and 3. Also complete A. Signature l item 4 if Restricted Delivery is desired. _ x - G ? Agent ¦ Print your name and address on the reverse .9.4._ ? Addressee so that we can return the card to you. p ¦ Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery j or on the front if space permits. ?? 1 ?+ i 1. Article Addressed to: D. Is delivery address different from If YES, enter delivery address • N? v ? r l ROY 9 y Ua ?? ? w? e cJ`?. ?cd?jy \ l n o5 3. service TypeMail ? Express fJC . Registered Receipt for Merchandise C.O.D. C3 Insured Mail E3 4. Restricted Delivery? (Extra Fee) ? Yes 12. Article Number F 7004 f (Transfer from servke laben 0550 0000 8951 2963 i Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1 540 0 r r r1 T[IF U. 2009 Ar' 31 U , i . 78.015 PD ATTy e??' a?` 4 a RT*` aa.?sra Sheriffs Office of Cumberland County R Thomas Kline 1tit? at Cr lm b'rl Edward L Schorpp Sheriff ?a?ti ajr? Solicitor Ronny R Anderson Jody S Smith Chief Deputy VCE ` F -"E Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/04/2009 07:21 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 4, 2009 at 1921 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sandra Wirth, by making known unto Sandra Wirth personally, at 1429 Raven Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $40.60 May 06, 2009 Docket No. 2009-2729 W&S Builders v Sandra Wirth SO ANSWERS, R THOMAS KLINE, SHERIFF I-MISuty e f N = ? ? T ? f r C1 _ co rr, W&S BUILDERS, INC., V. SANDRA WIRTH, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 09-2729 Civil Term CIVIL ACTION Defendant NOTICE TO PLEAD TO: W&S BUILDERS, INC., Plaintiff --and-- THEODORE A. ADLER, ESQUIRE and JOHN H. PIETRZAK, ESQUIRE, its attorneys You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. SHUMAKER WILLIAMS, P.C. Dated: ? Ir/ 0 9 By ` v C. Pappas, I.D. 103 R P. Siney, I.D. #209190 P. . Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Defendant W&S BUILDERS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action No. 09-2729 Civil Term SANDRA WIRTH, : CIVIL ACTION Defendant DEFENDANT SANDRA WIRTH'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW COMES Defendant, Sandra Wirth, by and through her attorneys, Shumaker Williams, P.C., to state the following Answer to Plaintiff's Complaint: 1. Admitted with clarification. Plaintiff's registered business address is 1441 Raven Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the property at issue in this action is located at 1429 Raven Hill Road, Mechanicsburg, Cumberland County, Pennsylvania (the "Property"). Any characterization of the Property as "leased premises" is denied as there is no lease agreement between Plaintiff and Defendant, Sandra Wirth ("Wirth"). 4. Admitted in part and denied in part. It is admitted that Plaintiff is the title owner of the Property. It is denied that Plaintiff is the "landlord" and that the Property is a "leased premises." 5. Denied. It is denied that Plaintiff leased the Property to Wirth pursuant to an oral lease that began on August 1, 2006. It is further denied that such alleged oral lease was for a month-to-month tenancy for a term of less than three (3) years. 6. Denied. It is denied that Wirth was responsible to pay rent in the amount of $1,064.00 per month from August 1, 2006 forward, and further denied that any such oral lease was entered into by the parties. 7. Admitted with clarification. It is admitted that Wirth has not paid rent for any month from September 2006 to the present. However, Plaintiff agreed to permit Wirth to reside in the Property without payment of rent, and Wirth did so without objection from Plaintiff for over four (4) years. 8. Denied. The letter attached to Plaintiff's Complaint as Exhibit "A" is a written document which speaks for itself, and any characterization of the same is denied. 9. Admitted in part and denied in part. It is admitted that Wirth is in possession of the Property. It is unknown what Plaintiff means by "refuses to give up possession" of the Property, and therefore such statement is denied. By way of further answer, other than the letter attached to Plaintiff's Complaint as Exhibit "A," Wirth has never been asked to "give up possession' 'of the Property. 10. Denied. It is denied that the amount of rent due and owing to Plaintiff is $32,984.00 for 31 consecutive months from September 2006 through April 2009, and further denied that rent will continue to accrue at the rate of $1,064.00 per month. WHEREFORE, Defendant, Sandra Wirth, respectfully requests this Honorable Court to enter judgment in her favor and against Plaintiff, W&S Builders, Inc., along with any other relief this Court deems appropriate. 2 NEW MATTER 11. Wirth is the former step-mother of Plaintiff's purported President, Kenneth Wirth. 12. In or about 2004, Frank Wirth, Wirth's ex-husband and Kenneth Wirth's father, purchased the Property on behalf of Plaintiff. 13. Upon information and belief, Frank Wirth, acting for Plaintiff, planned to purchase the Property using his own funds and live in the Property, while titling the Property to Plaintiff so that Plaintiff would ultimately benefit from the expected substantial appreciation on the Property. 14. Although the Property was titled to Plaintiff, upon information and belief, Frank Wirth used his own funds to personally pay the mortgage and other obligations related to the Property. 15. In or about summer 2005, Frank Wirth invited Wirth to move into the Property with him because Wirth was experiencing serious medical issues and needed assistance with day-to-day care. 16. Wirth was not required to pay rent under the terms of this arrangement. 17. In or about May 2006, Frank Wirth moved out of the Property, but indicated, on behalf of Plaintiff, that Wirth could remain in the Property without paying rent. 18. Plaintiff, by and through Frank Wirth, its authorized employee, officer, director, agent and/or shareholder, promised Wirth that she could live in the Property rent-free for the rest of her life. 19. Plaintiffs current purported President, Kenneth Wirth, knew of and impliedly consented to this arrangement. 3 20. Wirth has lived in the Property in reliance on her arrangement with Plaintiff for approximately four (4) years. 21. Based on Plaintiff's representations, Wirth moved into the Property and made at least $50,000.00 in improvements to the Property, including but not limited to the renovation of two (2) bathrooms and the replacement of the driveway. 22. Plaintiff performed no maintenance on the Property during Wirth's possession of the Property, with the exception of twice removing snow from the driveway and once cutting the grass. 23. Except for the above, Plaintiff undertook no maintenance with respect to the Property. 24. To the contrary, Wirth, along with Frank Wirth, performed all of the maintenance on the Property and made substantial improvements. 25. Plaintiff did not demand rent from Wirth until on or about November 12, 2008, more than four (4) years after Wirth moved into the Property. 26. No oral or written lease agreement was entered into between the parties 27. Even if such a monthly lease existed, the terms of the lease did not include payment of $1,064.00. 28. Other than its bald assertion that an oral lease existed, Plaintiff points to no facts which otherwise suggest that such an arrangement was agreed upon. 29. The amount Plaintiff alleges was agreed upon as a monthly payment grossly exceeds Wirth's current monthly income, in the amount of approximately $666.00 from Social Security, and therefore it is contrary to logic that she would have agreed to pay such amount. 4 30. It is believed and therefore averred that Plaintiff's purported President, Kenneth Wirth, is taking action against Wirth at this time with the purpose to harass or annoy Wirth, in part because of ongoing disagreements between Kenneth Wirth and his father, Frank Wirth, who is Wirth's ex-husband. 31. Indeed, as recently as approximately April 13, 2009, Plaintiff's purported President, Kenneth Wirth, indicated verbally to Wirth his desire for Wirth to remain in the Property for the rest of her life without payment of rent. 32. Plaintiff is now trying to vary the terms of the agreement it made with Wirth by forcing Wirth to pay rent in amounts that Wirth did not agree, nor could have agreed, based on her monthly income. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiff's claim is barred by the doctrine of waiver. SECOND AFFIRMATIVE DEFENSE Plaintiff's claim is barred by the doctrine of estoppel. THIRD AFFIRMATIVE DEFENSE Plaintiff s claim is barred by the doctrine of laches. FOURTH AFFIRMATIVE DEFENSE Plaintiff s claim is barred by fraud. FIFTH AFFIRMATIVE DEFENSE Plaintiff's claim is barred by the doctrine of release. 5 SIXTH AFFIRMATIVE DEFENSE Plaintiff's claim is barred by the doctrine of accord and satisfaction. SEVENTH AFFIRMATIVE DEFENSE Plaintiff s claim is barred by the Statute of Frauds. EIGHTH AFFIRMATIVE DEFENSE Plaintiff s claim is bared by the doctrine of consent. WHEREFORE, Defendant, Sandra Wirth, respectfully requests this Honorable Court to enter judgment in her favor and against Plaintiff, W&S Builders, Inc., along with any other relief this Court deems appropriate. Dated: g 01 :221555 SHUMAKER WILLIAMS, P.C. By Z E C. Pappas, I. #200103 P. Siney, I.D. #209190 P.O. Box 88 Harrisburg, PA 17108 (717)763-1121 Attorneys for Defendant 6 VERIFICATION The undersigned, Sandra Wirth, hereby certifies that she is the Defendant in the within action, that she is authorized to make this verification, and that the forgoing facts are true and correct to the best of her knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Dated: b 191 U1 I Sandra Wirth CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Defendant Sandra Wirth's Preliminary Objections to Plaintiff's Complaint by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Theodore A. Adler, Esquire John H. Pietrzak, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff SHUMAKER WILLIAMS, P.C. Dated: By P. Siney 4BPoX 88 Harrisburg, PA 17108 (717) 763-1121 RLED-OFFICE OF THE f' `0THfC"v`OTARY 2009 JUN -8 PM 3: 11 CUM, BEY, 'ID COUNTY REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney I.D. No. 16267 Email: Tadler@ReagerAdlerPC.com BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JPietrzak@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for W&S Builders, Inc. W&S BUILDERS, INC., Plaintiffs V. SANDRA WIRTH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-2729 : CIVIL ACTION ANSWER TO NEW MATTER 11. Admitted. 12. Denied. Plaintiff W&S Builders, Inc. (hereinafter "W&S") purchased the property. 13. Denied. W&S purchased the property for the express purpose of reselling the property for a profit. Frank Wirth did not use any of his own funds to purchase the property. The property was purchased using W&S's funds. Only after W&S purchased the property did Frank Wirth decide to move into the property. 14. Denied. Frank Wirth paid rent to W&S by paying the monthly mortgage amounts as they became due for the period of time he lived at the property and also paid other expenses related to his use of the property. W&S denies the suggestion or inference that Frank Wirth was purchasing the property for his own use. 15. Denied. After reasonable investigation, Plaintiff is without sufficient information to either confirm or deny the factual allegations of this paragraph; therefore, such factual allegations are denied and strict proof thereof is demanded. 16. Denied. After reasonable investigation, Plaintiff is without sufficient information to either confirm or deny the factual allegations of this paragraph; therefore, such factual allegations are denied and strict proof thereof is demanded. By way of further answer, Frank Wirth continued to pay rent to W&S by paying the monthly mortgage amounts as they became due during this period of time for his use of the property until approximately July 2006. 17. Denied. After reasonable investigation, Plaintiff is without sufficient information to either confirm or deny the factual allegations of this paragraph; therefore, such factual allegations are denied and strict proof thereof is demanded. By way of further Answer, Frank Wirth did not have authority to agree on behalf of W&S that Sandra Wirth could live in the property rent-free, and W&S did not agree to any such arrangement. 18. Denied. After reasonable investigation, Plaintiff is without sufficient information to either confirm or deny the factual allegations of this paragraph; therefore, such factual allegations are denied and strict proof thereof is demanded. By way of further Answer, Frank Wirth did not have authority to agree on behalf of W&S that Sandra Wirth could live in the property rent-free, and W&S did not agree to any such arrangement. 19. Denied. Plaintiff denies that its President, Ken Wirth, knew of or agreed to any alleged arrangement between Frank Wirth and Sandra Wirth whereby Sandra Wirth would be allowed to remain in the Property free of rent for life. W&S Builders, Inc. is in the business of renting properties to generate a rental income and it therefore makes no sense that W&S Builders, Inc. or its President, Ken Wirth, would agree to permit someone to live it one of its properties rent free for life. Plaintiff denies that Frank Wirth had the authority to bind W&S Builders, Inc. to such an arrangement. 20. Denied as stated. Plaintiff admits only that Sandra Wirth has lived in the Property for approximately four years. 21. Denied. After reasonable investigation, Plaintiff is without sufficient information to either confirm or deny the factual allegations of this paragraph; therefore, such factual allegations are denied and strict proof thereof is demanded. Further, Defendant does not specifically describe what "representations" it alleges Plaintiff made that Defendant relied upon. As such, Plaintiff denies that it made any representations to Defendant other than Defendant would have to pay rent in the amount of $1,064 per month as of August 2006. 22. Denied. W&S has removed the snow any time such removal was needed from the time W&S purchased the property to the present. W&S has cut the grass on a regular basis from 2009 forward. 23. Denied. W&S incorporates its answer to Paragraph 22 above. 24. Denied. After reasonable investigation, Plaintiff is without sufficient information to either confirm or deny the factual allegations of this paragraph; therefore, such factual allegations are denied and strict proof thereof is demanded. 25. Denied. Plaintiff denies that Sandra Wirth has lived in the leased premises for more than four years as of November 12, 2008. Further, Sandra Wirth was expected to pay rent starting in August 2006. 26. Denied. As stated in Plaintiff's Complaint, Plaintiff alleges that an oral lease existed between the parties. 27. Denied. As stated in the Plaintiff's Complaint, Plaintiff alleges that Sandra Wirth agreed to pay $1,064 per month. 28. Denied. Defendant makes no factual allegations in this paragraph. To the extend Defendant makes factual allegations in this paragraph, they are denied. 29. Denied. After reasonable investigation, Plaintiff is without sufficient information to either confirm or deny the factual allegations of this paragraph; therefore, such factual allegations are denied and strict proof thereof is demanded. Further, it is also contrary to logic that W&S Builders, Inc., which is in the business of investing in rental properties, would allow Defendant to live in the Property free of charge. 30. Denied. Plaintiff is not taking any action to harass or annoy Defendant, but rather to remove a non-paying party from its property. 31. Denied. This allegation is completely false. Plaintiff's President, Ken Wirth made no such statement or assertion, either on April 13, 2009 or at any other time. 32. Denied. Plaintiff made no agreement with Defendant that she could remain in the property in perpetuity for free. Any purported agreements Defendant made with Frank Wirth were not made with the authority of, or binding upon Plaintiff, W&S Builders, Inc. WHEREFORE, Plaintiff, W&S Builders, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Sandra Wirth, along with such other relief as the Court deems appropriate. AFFIRMATIVE DEFENSES No Numbered Paragraphs. Defendant sets forth numerous unnumbered affirmative defenses. Defendant's First through Eight Affirmative Defenses set forth legal conclusions to which no response is required. WHEREFORE, Plaintiff, W&S Builders, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Sandra Wirth, along with such other relief as the Court deems appropriate. Date: June 29, 2009 Respectfully submitted, REAGER & ADLER, P.C. T t0,ore A. Adler, E quire A ey I.D. No. 16267 John H. Pietrzak, Esquire Attorney I.D. No. 79538 Attorneys for Plaintiff W&S Builders, Inc. REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney I.D. No. 16267 Email: Tadler@ReagerAdlerPC.com BY: JOHN H. PIETRZAK, ESQUIRE Attorney T.D. No. 79538 Email: JPietrzak@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for W&S Builders, Inc. W&S BUILDERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 09-2729 SANDRA WIRTH : CIVIL ACTION Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of Plaintiff's Answer to Defendant's New Matter was served on the following individual via United States First Class Mail, postage prepaid as follows: Ryan P. Siney, Esquire Shumaker Williams PC 3425 Simpson Ferry Rd Camp Hill, PA 17011 Dated: June 29, 2009 c4QVet? Je ca Shull FILED-OFFICE OF THE Pr^unrNOTARY 2009 JUN 29 PM 1: 58 CUM-&& COUNTY FENNSYLMN,A W&S BUILDERS, INC., Plaintiffs v. SANDRA WIRTH Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ ~ -~ N0.09-2729 ~~ -~M !~ ~ CIVIL ACTION rte`' -` ~; ~= ~: ,~ l_. r> c JOINT PRAECIPE TO DISCONTINUE CASE -,~ m N t J'f Please mark the above-captioned matter as satisfied, settled and discontinued with prejudice. Date: February 8, 2010 SHUMAKER WILLIAMS, P.C. By: CYAN P. SINEY, ESQUIRE Attorney I.D. No. 209190 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorney for Sandra Wirth REAGER & ADLER, P.C. B Y• HN H. PIETRZ ,ESQUIRE Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorney for W&S Builders, Inc. ~~ :~ m -~~ ~~ ~a ~~ v