The URL can be used to link to this page

Home My WebLink About01-6663CQMMONV~EALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cu~berl~ndCounty, PA JUDICIAL DISTR ICI NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON "LEAS "o. Ol-- NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Peggy Kundrat and Michael Kundrat, Jr. Robert V. Manlove CITY .................. 17043 55 S Terrace Wormleysburg PA 11/06/01 H.B. McClure Company, Inc. Peggy Kundrat and Michael Kundrat vs. ired under . If~ppellant was Claimant (see Pa. R.C.P.J.P. ........ CV-0000277-01 TA 19 LT 19 This block will be signed ONLY when this notation is requ R.C.P.J.P. No. 1008B. No. 1001(6) in action before District Justice, he This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sect/on of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NO T USED; detach from copy of not/ce of appeal to be served upon appellee). PRAECIPE: To Prothonotary H.B. McClure Enter rule upon Common P,eas No. RULE: To H.B. McClure Company, Name of appellee(s) Company, I nc. ., appellee(s), to file a complaint in this appeal Name of appellee(s) ) within twenty (20)days after service of ru~e,~~~~/non pros.. I nc . appellee{s) ~ure(~fapp~[~an~s attorney or agen~ (1) You are 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 ENTER ED AGAINST YOU. (3) The date of service of this rule if service was bY mail is the date °f mailing' ~,~ ,/~.~/~ Date: ~, ~ ' Sigr~rothonotary or Deputy AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE O~NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE F/L ED W/TH/iV Fi VE (5) DA YS AFTER f/ting the not/ce of appeal. Check applicable boxes/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No .... , upon the District Justice designated thereto on (date ofservice/ 19. [] I~y personal service [] by (certified (registered) mail. sender's receipt attached hereto, ano upon the appellee, (name] on 19 [] by personal service [] by (certified) (regstered) mail sender's receipt attached hereto. [~] and further that I served the Rule to File a Complair~t accompanying th~ above Notice of~Ap~eal upon the appellee(s) to whom the Rule was addressed on , 19 [] by personal service [] by (certified) (registered) · re,ail, sender,s receipt attached hereto. SWORN (AFFIR~ME'{~) A?D SUBSCPtlBED BEFORE ME THIS DAY O1~ ~ ' , 19 . Signature of affiant S~nature of official before whom affidavit was made Title of official My commission expires on 19 -COMMONWEALTH OF PENNSYLVANIA ;OUNTY OF: CUMBERLAND Mag. Dist, NO.: 09-1-02 DJ Name: Hon. Address: 1901 .STATE STREET CAMP/HILL, PA 17o!i,ooOo Te,.@hone (717) ,! MICHAEL KUNDRAT, JR. 55 S TERRACE WO~LMLEYSBURG, PA 17043 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE pLAINTIFF: NAME and ADDRESS ~.B. MCCLURE COMPANY, INC. 600 S 17TH ST PO BOX 1745 ET AL. ~AERISBUKG, PA 17105 VS. DEFENDANT: NAME and ADDRESS UKUNDRAT, JR., MICHAEL, 55 S TERRACE WORMLEYSBURG, PA 17043 L Docket No.: CV'- 0000277- 01 Date Fi ed: 8/10/01 THIS IS TO NO'FY YOU THAT: Ju'dgrrrent: ........ ' ' ~] Judgment was entered for: (Name) Judgment was entered against: (Name) ~n the amount of $ 2~;1 _ Ac, on: (Date of Judgment) Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: ['--~ This case dismissed without prejudice. [---~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ~ generally stayed. ] Objec~?n to levy has been filed and hearing will be held: Date: . Place: Time: Amount of Judgment $ 288.21 Judgment Costs $ 7:3 o 3 8 Interest on Judgment $ ° 00 Attorney Fees $ ° 00 Total $ 361.59 Post Judgment Credits Post Judgment Costs ICertified Judgment Total $ r $ $. 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 TNL~ I~ Date //~ My commission expires first Monday of January, AOPC 315-99 ~/~T F/(~M~WITH '~OUR. N?TIC~ OF APPEAL , , Distr, i,~t' Justice ~<o.~_¢¢p~eed in g s:..~o nt~ ~""'..~./~J/.~/'~ F~/--'?~': ~ , ', ,, ~DstrictJ~s!ice 2006 %. SEAL .J -1 .J · .....w~COMMONWEALTH OF PENNSYLVANIA COUNTY OF: -~'31VFR1~1~ T~JqD Mag. Dist. NO.: 09-1-02 ]J Name ~on AddreSs 1901 ,STATE STREET CAMP HI~.T., PA ~el.0hooe: (717 ') 761 ~ 0583 17011-0000 NOTICE OF jUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~ ~.~. MCCT.g'RE COMPANY, INC. 600 S 17TH ST PO BOX 1745 ~HARRISBURG, PA 17105 / VS. DEFENDANT: NAME and ADDRESS --~ FKURDRAT, JR., MICHAEL, ET AL. 55 S TERRACE WOKMLEYSBURG, PA 17043 PEGGY A~uRDRAT 55 S TERRACE WOP, MLEYSBURG, PA 17043 I ~Docket No.: CC- 0000277-011 |Date Filed: 8/10/01 TI:tIS IS TO NO, FY YOU THAT: Judg~ie-nt: ' : .... ~'~ Judgment was entered for: (Name) ~'- ~--~ Judgment was entered against: (Name) in the amount~_ ,%2 / i'lL.r4 ~ 1 - ~;-~.' : ~--'' (Date of Judgment) L---[ Defendants arl~jointly a~d se~'.erally liab . FOR p~YNT~FF ' ' J-~ Damages will I~ ass~sed 0 ,~ ~/ ~-~ This case dism_issed without~judice. "*~ --j Amount of Judgment Subject ~) Attachment/~_~ot 5 of 1996 ~ Lev ~s stayed, for _ days or ~-~ generally stayed. E~ Objection to le%y has been filed and hearing will be held: (Date & Time) Amount of Judgment $ 288 · ~ Judgment Costs $ 73.31 Interest on Judgment $- o 00. Attorney Fees $ .00 Total $ 361.59 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PART~ HAS THE RIGHT TO AP~EAL 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 ,,/ / ~ , v ' , , District Justice My commission expires first Monday of January. 2006 AOPC 315-99 PROOF OF SERVICE OF NOTmCE OF APPE,~L AND RULE' ?0-FFEE,CiEtMPL~INT (This oroO~ oF'$Erw'ce'~!)~US7~ BE ~:ILLS~'I/WTH/N'~II/E (5 DA YS AFTER fi//ng the not/ce of apl)ea~. Check AFFIDAVIT: , ne~e~, swear or affirm thal servea ~ acopy of ~e ~oL~ce~¢tAD~a Common Pleas No. IH [~k*[O~upon the~s~r~ct Justice d~s~nare~ the~em receipt attached hereto, and upon the appellee. (name) , ,~ ~' I~U¢~O~, 1.~, .on ~[0~dmber gQ -,m~[ ~ by personal service ~ by (certified) ~t~,=d) ma'l,m~r"s · ' ~ a~d further tha~ I served ~he ~,. ¢~te ~m.,..5~ ~y~. ~]me ~ ~pp~-~on ~e appellee(s) to wh m he Ruew d re sed n ~0~ ~ ~D'~' er n ' o t asa d s o , , ~ by p so al~e~wce.L-j ~Y (cert~fmd)(,~,~) SWOR~AF~I~E~)'~Cff[BED BEEORE ME My commission expires on C~ K. Miller, Notary LM~ ~n E~ F~. 6, u,~ :P~'~T^L SE~CE CEI~ [i~iCATE OF ~'~'~EsDSED FOR DOMESTIC AND INTERNATIONAl ~hn ~..Kundrah Ku~d~t ~ A~te 107 Boas Street ~ · PA 17102 ~ Harnsburg, PS Form 3817, Mar. 1989 John S. Kundrat, Esq. Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 PS Form 3817, Mar. 1989 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 O. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, T1NTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff H.B. McCLURE COMPANY, INC., PLAINTIFF V. PEGGY KUNDRAT and MICHAEL KUNDRAT, JR., DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-6663 CIVIL ; : 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 Ave. Carlisle, PA 17013 (800) 990-9108 NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de le demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas os sus objeciones a leas demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso o notificacion y por cualquier queja or alivio que es pedido en la petition de demanda. Usted peude perder dinero os sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR RAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA ICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 G. Edward Schweikert IV, Esquire Sup~me Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Hanisburg, PA 17108-0741 (717) 236-9377 A~orneys for Plaintiff H.B. McCLURE COMPANY, INC., PLAINTIFF V. PEGGY KUNDRAT and MICHAEL KUNDRAT, JR., DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-6663 CIVIL ; ; _. : CIVIL ACTION - LAW COMPLAINT Plaintiff, H.B. McClure Company, Inc., by its attorneys, Brigid Q. Alford, Esquire, G. Edward Schweikert IV, Esquire and Boswell, Tinmer, Piccola & Wickersham, presents its complaint against Defendants, Peggy Kundrat and Michael Knndrat, Jr., as follows: 1. Plaintiff, H.B. McClure Company, Inc., is a Pennsylvania corporation, with its principal place of business located at 600 South 17z Street, Harrisburg, Daupin County, Pennsylvania, 17105. 2. Defendant, Peggy Kundrat, is an adult individual, residing at 55 S. Terrace, Wormleysburg, Cumberland County, Pennsylvania 17043. 3. Defendant, Michael Kundrat, is an adult individual, residing at 30 High Ridge Trail, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On or about June 3, 1999, Defendant Michael Kundrat, Jr., requested that Plaintiff service the heat pump at his home. 5. Pursuant to Plaintiff's standard business practice, Plaintiff set-up a COD account for Defendant Michael Kundrat, Jr., wherein payment was due immediately. 6. Thereafter, Plaintiff performed work for Defendant Michael Kundrat, Jr., at his home. 7. Defendant Michael Kundrat, Jr., made payments on his open account. 8. On or about July 1, 1999, Defendant Peggy Kundrat contacted Plaintiff and requested that Plaintiff set-up a credit account for Defendant Michael Kundrat, Jr., that that the account be placed in her name and the bills be mailed to her residence at 55 S. Terrace, Wormleysburg, Pennsylvania. 9. On or about April 25, 2000, Plaintiff performed work at Defendant Michael Kundrat Jr.'s residence. A copy of the invoice for the work performed is attached hereto and identified as Exhibit "A." 10. Defendant Michael Kundrat, Jr., signed the invoice. 11. Plaintiff mailed its bill to Peggy Kundrat at her home. 12. Plaintiff's bill totaled $215.24. 13. To date, Defendants owe Plaintiff $288.21, which represents the original invoice charges, interest and attorneys' fees. 14. Despite Plaintiff's numerous attempts to collect the monies owed to date, Defendants have continuously refused to pay Plaintiff for any of the remaining balance due under the terms of the contract. 15. at length. 16. COUNT I H.B. McCLURE COMPANY, INC.. v. MICHAEL KUNDRAT, JR. BREACH OF CONTRACT Paragraphs 1 through 14 are hereby incorporated herein by reference as if set forth Defendant Michael Kundrat, Jr., signed the invoice provided by Plaintiff, thereafter obligating him to make payments on the debt. 17. Defendant Michael Kundrat, Jr., failed to pay the debt to Plaintiff. 18. Defendant breached the contract by failing to pay for work performed by plaintiff as requested by Defendant. WHEREFORE, Plaintiff demands judgment in an amount not in excess of $25,000.00, which amount requires submission of this matter to compulsory arbitration, plus interest and costs of suit. 19. at length. 21. COUNT II H.B. MeCLURE COMPANY, INC.~ v. PEGGY KUNDRAT BREACH OF CONTRACT Paragraphs 1 through 14 are hereby incorporated herein by reference as if set forth Defendant Peggy Kundrat requested that Plaintiff set-up a credit account in her 22. Plaintiff mailed the invoice for the work performed at the residence at Michael Kundrat, Jr., to Defendant Peggy Kundrat's residence, as per her request Michael Kundrat, Jr., failed to pay the debt to Plaintiff. 23. Defendant breached the contract by failing to pay for work performed by Plaintiff as requested by Defendant. WHEREFORE, Plaintiff demands judgment in an amount not in excess of $25,000.00, which amount requires submission of this matter to compulsory arbitration, plus interest and costs of suit. 24. at length. 25. COUNT III It.B. McCLURE COMANY~ INC. v. MICHAEL KUNDRAT~ JR. UNJUST ENRICHMENT Paragraphs 1 through 10 are hereby incorporated herein by reference as if set forth Plaintiff provided Defendant Michael Kundrat, Jr., services totaling $215.24, having done so to the benefit of Defendant, Defendant became liable to Plaintiff for the just and reasonable amount for work that was performed. 26. Defendant has been unjustly enriched by accepting the services rendered by Plaintiffand not paying for same. 27. Plaintiff has demanded that Defendant pay the amount due and owing, but Defendant has failed to do so. WHEREFORE, Plaintiff demands judgment in an amount not in excess of $25,000.00, which amount requires submission of this matter to compulsory arbitration, plus interest and costs of suit. RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & WlCKERSHAM BY: / ~ /~ Esquire G. Edward Schweikert IV, Esquire Attorney for Plaintiff H.B. McClure Company, Inc. DATE: December ]o°, 2001 m'elure eompanu __ Addr~s: ~TS-" .5' - City/State/Zip [~ o .~ [~.. ~..~o_,~0 Phoae~ DIAGNOSIS / REPAIR TASK/ADD Job Location: City/State/Zip ff~,~ e'-.~.,., ;'r: ,,~ ~ l': ~ Phone# ' P.O Box 1745 / 600 S. 17n Street, Harrisburg, Pennsylvania 17105-1745 · ' 'Service (717) 232-HEAT (4328) · FAX (717) 234-3730 Federal I.D. # 23-0855020 · e-mail-~ http://.w~w, hbmcclure.com Date: ~,/- 2~C"-- O O ~nvoice ~ 1 ~--17:5' Account# /-'/0 2 -0~ / Map Code: DESCRIPTION PRICE l t 3 .ol I0 1 HEREBY DECLINE TO HAVE THE ABOVE WORK PERFORMED AT THE FLAT RATE PRICE. DIAGNOSTIC CHARGE: Signature: X ~ property to use such labor and materials as you have deemed neccesary. The completed in a satisfactory manner. I agree that the amount in the space marked '" been made. A monthly service charge of l.$% will be applied to your balanci and or filing fees. Non-sufficient fund to perform the o have been unless other arrangements have · to pay all costs of colIeetion, including attorney ; allowed by state law. TOTAL CHARGE Dete: 2[3--.2V METHOD OF PAYMENT Check Date: ¢'/- ~J --oo Credit Card Work Done Complete? ~Y~ N Eft% Smoke: Mech: Arrival: -'/_5-- Travel: CO2/Stack Arrival: Travel: OFDraR R { Partg QB' Description DESIGN BUILD MECHANICAL CONTRACTORS- SHEET M ETAL-PL U~*F,~TIN G .Al R CONDrTIONING-SIERVICE-FUEL OIL.DUCT CLEANING*WATER CONDITIONING 12/1~/01 12:10 ~717 236 9316 BTP&R ~007/007 Brig~d Q. Alford, F. squire G, Eflwatd Schwe/kert ~, BO~, ~ P[CCO~ & WICKERS~AM PO Box 741 (717) 236-9377 H.B. McCLURE COMPANY, INC., PLAINTIFF PEGGY KI-rNDRAT and NLICHAEL KUNDRAT, JR., DEFENDANTS : IN THE COURT OF COMMON PLEAS · CUM~ERLAI~rD COUNTY PENNSYLVANIA : NO. 01-6663 CML : _- : CIVIL ACTION - LAW VF-aRJFICATION I, Linda Sports, on behalf of Plaintiff, hereby verify that the facts contained in the foregoing Complaint are tree and enrreet to the best of my knowledge, information and belief. I understand that false statements heroin are subject to the penalties of 18 Pa.C.S.A. §4904 relating tO unsworn falsification to authorities. Linda Sports DATE: Dccember/ 7, 2001 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 G. Edward Schweikert W, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff H.B. McCLURE COMPANY, INC., PLAINTIFF V. PEGGY KUNDRAT and MICHAEL KUNDRAT, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 01-6663 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Den/se L. Foster, Paralegal, do hereby certify that I have served a true and correct copy of the Complaint on the following: John S. Kundrat, Esquire 107 Boas Street Harrisburg, PA 17102 Attorney for Defendants Method of Service: s~Fimt class mail Certified mail Other DATE: Decemberj~, 2001 BOSVCEEI:NTINTNER, PICCOLA & WICKERSHAM By: ~ ~.~ Denise L. Foster, Paralegai Brigid Q. AIford, Esquire Sup~me Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Sleet PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 AUomeya for Plaintiff H.B. MeCLURE COMPANY, INC., PLAINTIFF Ve PEGGY KUNDRAT and MICHAEL KUNDRAT, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 01-6663 CIVIL CIVIL ACTION - LAW CERTIFICATE OF NOTIFICATION I, Brigid Q. Alford, Esquire, do hereby certify that I served the Defendants Peggy Kundrat and The Estate of Michael Kundrat, Jr., with the Notice of Intent to Take Default Judgment, sending same by first-class mail, postage prepaid to it, at the following address to their attorney of record: John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 A copy of said Notice is attached hereto. DATE: March 14, 2002 BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: Brigid (~. Alford, Esq~e Brigid Q. Alford, Esquire Supreme Court I.D. #38590 G. Edward Schweikert IV, Esquire Supreme Court I.D./$81976 BOSWELL, TINTNE1L PICCOLA & WlCKERSI-IAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plain6ff H.B. McCLURE COMPANY, INC., PLAINTIFF PEGGY KUNDRAT and MICHAEL KUNDRAT, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 01-6663 CIVIL CIVIL ACTION - LAW NOTICE TO: PEGGY KUNDRAT and ESTATE OF MICHAEL KUNDRAT, JR., DEFENDANTS DATE: MARCH 14, 2002 YOU ARE IN DEFAULT BECAUSE YOU have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this Notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 AVIS(3 IMPORTANTE A: PEGGY KUNDRAT and ESTATE OF MICHAEL KUNDRAT, JR., DEFENDANTS FECHA DEL AVISO: MARCH 14, 2002 USTED ESTA EN REBELDIA porque ha fallado de tomar la accion requerida en este case. A mendo que usted tome accion dent ro de los proximos diez (10) dias de la fecha de este aviso, se puede dictar un fallo en contrac suya sin llevarse a cabo una vista y usted puede perder su propiedad y otros derechos importantes. Usted debe llevar este documento immediatamente a su abogado. Si usted no tiene un abogado o no puede pagar uno, vaya o llame la oficina abajo indicada para que le informen donde puede consequir ayuda legal. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 H.B. MCCLURE COMPANY, INC. Plaintiff PEGGY KUNDRAT and MICHAEL KUNDRAT, JR. Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6663 CIVIL : CIVIL ACTION - LAW ANSWER TO COMPLAINT AND NOW, comes Defendants, Peggy Kundrat and the Estate of Michael Kundrat, Jr. hereinafter collectively referred to as Defendant by their attorneys, KUNDRAT & ASSOCIATES, and files this Answer to Plaintiffs Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth and, by reason thereof, said allegations are denied. 5. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth and, by reason thereof, said allegations are denied. 6. Denied, to the contrary the work was not performed by Plaintiff or performed in an unprofessional fashion. Kundrat, Jr. Denied, to the contrary payments were made on behalf of Michael Admitted in part and denied in part. It is admitted that Peggy Kundrat contacted the Plaintiff and requested that Plaintiff set up a credit account for Michael Kundrat, Jr. and due to his incapacity as a result of a stroke that had occurred prior to any business dealings between Mr. Kundrat and H.B. McClure. She did request that the bills be mailed to her and that she paid all of Mr. Kundrat's bills, however she never requested that the account be placed in her name. 9. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth and, by reason thereof, said allegations are denied. 10. The invoice speaks for itself. 11. Admitted. 12. Admitted. 13. Denied. To the contrary no amount is due to Plaintiff by Defendants. 14. Admitted with clarification. It is admitted that the amount had not been paid because no amount is due. 15. No answer is required. 16. Paragraph 16 is a conclusion of law to which no response is required. 2 owed. 17. It is admitted that no payment has been made because no payment is 18. 19. 21. name. Paragraph 18 is a conclusion of law to which no response is required. No response is necessary, Denied. Peggy Kundrat did not request that an account be set up in her 22. Admitted with clarification. It is admitted that an invoice was mailed to Defendant Peggy Kundrat's residence. It is admitted that no payment has been made because there is no legitimate debt owed by either Defendant to Plaintiff. 23. Paragraph 23 is a conclusion of law to which no response is required. 24. No response is necessary. 25. Denied. To the contrary, no services were performed or were performed in a faulty manner. 26. Paragraph 26 is a conclusion of law to which no response is required. 27. Admitted. 3 WHEREFORE, Defendants respectfully request that the Complaint filed by Plaintiff in this matter be dismissed. Dated: March 20, 2002 KUNDRAT & ASSOCIATES John~./~undrat, Esquire AttoF-rfey ID No. 24958 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 Attorney for Defendants 4 VERIFICA_~__TION I, Peggy Kundrat, do hereby verify that the facts stated in the foregoing Answer to Complaint 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. BY Dated: March 20, 2002 VERIFICATION I, John S. Kundrat, Executor of the Estate of Michael S. Kundrat, Jr., do hereby verify that the facts set forth in the foregoing Answer to Complaint 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. Section 4904 relating to unsworn falsification to authorities. Date: March 20, 2002 H.B. MCCLURE COMPANY, INC. Plaintiff PEGGY KUNDRAT and MICHAEL KUNDRAT, JR. Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6663 CIVIL : ., : : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 25th day of March, 2002, I, Charlene K. Miller, secretary for the law firm of Kundrat & Associates, Counsel for Defendant, hereby certify that a true and correct copy of the foregoing Answer to Complaint was served via first class mail, postage prepaid addressed to the parties or counsel of record as follows: Brigid Q. AIford, Esquire Boswell, Tintner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 KUNDRAT & ASSOCIATES Charlene K. Miller 107 Boas Streets Harrisburg, PA 17102 717-232-3755 H.B. MCCLURE COMPANY, INC., PLAINTIFF Ve PEGGY KUNDRAT AND MICHAEL KUNDRAT, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6663 CIVIL 19 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: Brigid Q. A1 ford, Esquire , counsel for the plainti~fi~]~]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 $. 215.2 4 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: __ WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Brxg ORDER OF COURT ANDNOW, ,/~g~ ~ , 'l'9~"~a2~,-in consideration of the actions) as p~ayed for. -- ' / By the~ P.J. Brigid Q. Alford, Esquire Supreme Court I.D. #38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, P1CCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff H.B. McCLURE COMPANY, INC., PLAINTIFF Ye PEGGY KUNDRAT and MICHAEL KUNDRAT, JR., DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-6663 CIVIL : CIVIL ACTION - LAW PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the above-matter as satisfied and paid in full. BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: B~rigid q Alford, Esquire DATE: May 20, 2002