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10-2670
MELISSA D. REED, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF KATHLEEN S. GURY Plaintiff V. = ;3 o NJ 71M IN THE COURT OF COM10-eN P1 ASS ?> OF CUMBERLAND CO ' ?- '' _ , PENNSYLVANIA .. cn -c CIVIL ACTION- LAW DEAN'S CONSTRUCTION & ROOFING : AND DEAN WRIGHT, INDIVIDUALLY NO. 2010 a(D70 OL, y i ( Terk Defendants NOTICE TO DEFEND 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 of 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 ST. CARLISLE, PA 17013 Dated: o 6 By: A?? C. T SALZMANN HUGH &, P. C. George F. Douglas, III, Esquire Supreme Court I.D. #61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333 Q) Attorney for Plaintiff *ga.00 PO ATW CO qL 05 ejgog s MELISSA D. REED, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF KATHLEEN S. GURY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DEAN'S CONSTRUCTION & ROOFING AND DEAN WRIGHT, INDIVIDUALLY Defendants CIVIL ACTION- LAW NO. 2010 COMPLAINT AND NOW, comes the Plaintiff, Melissa D. Reed, Executrix of the Last Will and Testament of Kathleen S. Gury, by and through its undersigned attorneys, Salzmann Hughes, P.C., and avers in support of its Complaint against Defendant as follows: 1. The Plaintiff, Melissa D. Reed, Executrix of the Last Will and Testament of Kathleen S. Gury, is an adult individual residing at 2796 Leitersburg Road, Waynesboro, Franklin County, Pennsylvania. 2. The Defendant, Dean's Construction & Roofing is a business located at 98 East Creek Road, Newburg, Cumberland County, Pennsylvania. 3. The Defendant, Dennis Wright, is an adult individual who resides at 98 East Creek Road, Newburg, Cumberland County, Pennsylvania. 4. The Decedent, Kathleen S. Gury, died on February 18, 2009 and Letters Testamentary have been granted to the Plaintiff, Melissa D. Reed, Executrix, on March 11, 2009 at file number 21-09-0234 of the Register of Wills Office, Cumberland County, Pennsylvania. A copy of the Grant of Letters is attached as Exhibit A. 5. The Defendants entered into a contractual relationship as the Defendants agreed to perform home repairs and maintenance work. In return, the Decedent agreed to pay for such services once an invoice was received from the Defendants. 6. The Defendant, Dean's Construction & Roofing, submitted a Proposal to the Decedent, Kathleen S. Gury for work to apparently be completed in the future which was dated November 9, 2007 in the amount of $26,688.51. A copy of the Proposal is attached as Exhibit B. 7. In order to reconcile the checks which were disbursed by the Decedent a request was sent to H. Anthony Adams, Esquire, the attorney for the Defendants dated March 30, 2009, requesting that invoices be forwarded to Salzmann Hughes, P.C., the attorney for the Estate of Kathleen S. Gury. A copy of the letter is attached as Exhibit C. 8. There were no invoices forwarded to the estate as requested, but instead a responsive letter from H. Anthony Adams, Esquire, attorney for the Defendants, dated April 24, 2009, indicating that the checks that were issued by the said Decedent were received for work that was performed by the Defendants. The amount of each check and what work was performed for each check amount were listed. The Decedent, Kathleen S. Gury, issued four checks to Dean's Construction and Roofing which included a payment on April 30, 2008 in the amount of $12,500.00, a payment on April 30, 2008 in the amount of $14,700.00, a payment on May 27, 2008 in the amount of $11,740.00 and a payment on September 19, 2008 in the amount of $25,000 for a total of $63,940.00. A copy of the letter is attached as Exhibit D. 9. It was later discovered in the reconciliation of the Decedents check that four dividend checks were endorsed by Dennis Wright, the Defendant and owner operator of Dean's Construction and Roofing, Defendant. 10. The four dividend checks consist of two checks issued by Orrstown Financial Services, Inc., in the amount of $1,558.48, a dividend check from Allied Irish in the amount of $22,866.51 and a check issued by M&T Investment Group in the amount of $25,000.00. A copy of each check and the endorsement by Dennis Wright are attached as Exhibit E. 11. The four dividend checks total $53,983.47 and there is no explanation for any additional work that was performed by the Defendants to equal this amount. 12. A letter dated November 2, 2009 was sent by Salzmann Hughes, P.C., the attorney for the Estate of Kathleen S. Gury to H. Anthony Adams, the attorney for the Defendants requesting the return of the said $53, 983.40, which was wrongfully retained by the Defendants. A copy of the letter is attached and is marked Exhibit F. 13. The Defendants acted in a fraudulent manner in retaining the Fifty Three Thousand Nine Hundred Eighty Three and 47/100 ($53,983.47) Dollars that was not their property. WHEREFORE, The Plaintiff claims of the Defendant the sum of Fifty Three Thousand Nine Hundred Eighty-Three and 47/100 ($53,983.47) Dollars plus interest and costs, an amount requiring referral to the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, SALZMANN HUGHES, P. C. 'c, r)? George F. Douglas, III, quire Attorney for Plaintiff Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 VERIFICATION I verify that the statements made in the foregoing document are true acid correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Melissa A Reed, Executrix of the Last Will X Testament of Kathleen S. Gury CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Complaint was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class main, postage prepaid, addressed as follows: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 Respectfully Submitted, SALZMANN HUGHES, P.C. BY: G • `? George F. Douglas, III, squire Attorney for Plaintiff Attorney ID No. 61886 .y No. Estate Of: KATHLEEN S GURY (First, Middle, Lastl PA No. 21- 09- 0234 Late Of: SHIPPENSBURG BOROUGH CUMBERLAND COUNTY Deceased Social Security No : 203-10-5041 WHEREAS, on the 11th day of March 2009 an instrument dated February 19th 1996 was admitted to probate as the last will of KA THLEEN S GURY - (First, Middle, Last) late of SHIPPENSBURG BOROUGH, CUMBERLAND County, who died on the 18th day of February 2009 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, -GLENDA EARNER STRASBAUGH Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this- day granted Letters TESTAMENTARY to: MELISSA D REED who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 11th day of March 2009. EXHIBIT a A **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) PROPOSAL FROM : DEAN'S CONSTRUCTION & ROOFING 98 EAST CREEK RD NEW-BURG, PA 17240 PHONE: (717) 423-6544 FAX: (717) 423-5705 PROPOSAL SURRWr D TO: Name: Kathleen Gury Street: 630 Brenton St. Date: November 9, 2007 City: Shippensburg State: PA Zip Code: 17257 Telephone Number:532-9519 We hereby propose to furnish material and perform all the labor necessary for the completion of W rk to be done-at 318112 Burd.St v& )Sbippensburg Bid for tearing old shingle off of roof, Putting new boards on where necessary, 301b. felt paper, drip edge, valleys, step flashing, 50yr. black Arch. shingle on, Putting 3 new ceiling up,m 2 bedrooms, 1 bathroom, Scrapping, priming, painting front porch. Clean up and haul away all debris caused by work. Any extra work will be on a time and material basis. If accepted please sign, return one copy and keep one for yourself. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specification, submitted for the above work and completed in a substantial workmanlike manner for the sum of Received a check for $ 25,688.51 Gave Vern Hill $3,000.00 Dollars ($ ) With payments to be made as follows: Half of payment up front, remainder to be paid in full upon completion of work. If not paid in full there wililbe aLate Fee of $5,:per d4v. All agreements contingent upon .strikes, .accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Public Liability Insurance on the above work to be taken out by Dean's Construction & hoofing. JteapectAd4au6n iUed: Dean's Construction & Roofing Jet: Dennis Wright ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will bemade as outlined above. Accepted: Signature: DaW6 2( 494 Date: Signature: EXHIBIT f3 x'11MANN ( .1 I IS P.C• Attorneys at Law lfl PPER.IENCE • INTEGRIT" • INNOVATION /V bt. 'aul Urive • Lnambersburg, .?A • _721:1 354 Alexander Spring Road • Suite I • Carlisle, PA • 17015 239 E. Main St. • Waynesboro, PA • 17268 105 N. Front St. • Suite 401 • Harrisburg, PA • 17101 March 30, 2009 ,^V? H. Anthony Adams, Esq. 49 West Orange Street, Suite 3 FILE COPY Shippensburg, PA 17257 r.r RE: Estate of Kathleen S. Gury and Dean's Construction and Roofing Dear Tony, If my memory serves me correctly, you have recently informed me that you represent Dean's Construction and Roofing. I currently represent the Estate of Kathleen S. Gury who apparently was a customer of your client. The Executrix, Melissa Reed, has informed me that Mrs. Gury did have a new roof placed on one of her properties and I have enclosed what appears to be the proposal for that work. I have enclosed a copy of the proposal dated November 9, 2007, which does not clearly state what the cost of the new roof was. In reviewing the cancelled checks of Kathleen Gury from her Sovereign Bank checking account, Dean's Construction and Roofing received a total of Sixty Three Thousand Nine Hundred Forty Dollars ($63,940.00) during the year 2008. The payments to your client were as follows: 4/30/2008: $12,500.00 4/30/2008: $14,700.00 5/27/2008 $11,740.00 9/19.2008: $25,000.00 TOTAL: $63,940.00 I am not certain I have all of the payments made as Mrs. Gury occasionally made payments by signing over her dividend checks. Please have your client provide me with copes of his invoices to show the amount he should have received for the work he performed for her. 21111MIM1014FIRM0 Komi ATTORNEYS G. Bryan Salzmann, Esq. Stephen E. Patterson, Esq. Melissa K. Dively, Esq. Samuel E. Wiser, Jr., Esq. James D. Hughes, Esq. LeRoy S. Maanvell Jr., Esq. Rebecca R. Hughes, Esq. George F. Douglas, 111, Esq. Adam R. Schellhase, Esq. Nancy H. Meyers, Esq. Susann B. Morrison, Esq. Donald E. LeFever, Esq. Charles E. Zaleski, Esq. Ann F. DePaulis, Esq. Laura Rebecca Ables, Esq." Thomas J. Finucane, Esq. Patricia R rtineau, Esq. Also Admitted to Georgia Bar Eileen C. Finucane, Esq. William EXHIBIT ams, Esq. IV?1 ?, S.COm y .. "7'7j' 263-2,121 • Fax: (717) 263-0663 (71J) 249-6333 • Fax: (717) 249-7334 (717) 762-3170 • Fax: (717) 762-0988 (717) 234-6700 • Far: (717) 249-7334 *Please reply to Carlisle Office March 30, 210 09 Page Two Please contact me with any questions or if you would like to meet: to share the aforementioned information. Sincerely, SALZMANN HUGHES, P. C. George F. Douglas, III, Esq. GFD/krc cc: Melissa D. Reed, Executrix LAW OFFICE H. ANTHONY ADAMS 49. WEST ORANGE STREET, SUITE 3 SHIPPENSBURG, PENNSYLVANIA 17257 TELEPHONE (717) 532-3270 FAX (717) 532-6673 April 24, 2009 George F. Douglas, III, Esquire. Salzmann Hughes, P.C. 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 Re: Gury Estate & Dean's Roofing George: This letter is written to confirm the information given to you at my office. I was told that the payment of $12,500.00 on 4/30/2008 was payment for the Burd Street property rood; the payment of $14,700.0 on 4/30/2008 was for the r oof on the house in Hallwood Heights. The payment of $11,740.00 made on 5/27/2008 was for a roof on the Amberson Property. A fence was constructed at the Hallwood Heights home for which a fee of $25,000.00 was charged. Also, within some of the fees are a remodel at Burd Street, basic maintenance on the properties and monthly checks on the conditions and problems at the properties. I hope this answers your concerns. Sincerely, H. Anthony dams HAA: dmb EXHIBIT D Document type : Disbursement Check 09/04/2009 2:10 PM - r :... ,1. iikk '6UCA 026'713 1 TiEest'NlrtlStreet ?IlL45T04VN ' • DIVIDEND• } 61441119 . P.O.go,250 ' ' L . s' :• -' .. CFIECK, . '? Z .. ..r - Shippensbur6. PA 17757' (E..i.., 1f.Y1. I ?.. t n.. • j . .. r y t' CHECKNUMBEA 5 i' ?. PAYABLE OA TE ' • '' . i PAY EXACTLY ..... 026713' :' • . _ _ . } ; .Q5?2312QI18 $1,558.4$. F1FlYEIGHT DOLLARS AND 48 CENTS'...... D FIVE HUNDRED .ONE THOUSA - . N ? • ° .'TOTHE- KATHLEENS'GURY ' I, 'ORDER .. JAY 5 GORY. - D •`' •• , .. - ?, ;..::. _ OF. . 830 BRENTON ROA SHIPPENSBURGPA17257 • 8eplsf rondTranifcr64;A" , • • •? 7t C r? ? '. r`r _ S•6 :i _ -- 1iI ; 't /"Y^'r'??•?'r!v-W..• _ : •• ?, .. . . i ' ' ; I' r . . 1 Q()05590000 ' . 887380105 ; :; •? J : ` :ti 1 ?? PEP WWR¢E0 &1eNATURE ••'L , 00420264130 1:0 1 1,9004 4 5i: 000007070F10 72 27817 A ¢ i m 5r' G m iV Ilia N ?' 6 dfr? Sa QB n S a - 't- - `? r e g ?g3 s s I It $ A ED-13MORCIGM080£0 H31 R0 ,960=00 f Q? 0 m 616 c? m? i?. rn o o? cm O 2 Tag Note Item Date Account Number Amount Serial Number Payee Name Volume 10 Issue Date No No 05/29/2008 7070E 1558.48 42026713 08060300255101 Bank of America EXHIBIT Page 1/1 Document type : Disbursement Check t •1. i- ! t= '' , •1 . 1 . ' t1.: t. DAHK4°AM[7UCA' - . X27.945 'i ` `• r' _ : •; :l7RASfOS9N. i ` '? 77 Eat WnQ Sirs§' .DIVIDEND. ;st4411t8 • ; t, f. , ,'. P O. Boi 2513, A CHECK c , _ anJ?.rj..++• SMPpmsbury PA 17257' L ;t: :PAY EXA CTLY `CME PAYABL'DA CKNUM9Efl " ° °.. i... % . i i1't7gTg- - .: attJZal20oe t :.i ,.. $j,558.48 % Ohl THOUSAND FIVE HUN0415 FIFTY EIGHT Dbtr11RS AND 48 CENTS-"-"-, `i 'TO THE' KATNLI=EN 8-GURY ?,_. [ _ _: `_ i• iORDEFI JAY- SGURY F' OF 630 BRENTON ROAD' i ` r- SHIPPENSBURG PA 17257. .ReaJstrsrlnd 7rrrrtla/Fompanr - ? - r ` , ` , '? ` Ol.781„ lStNO AfteM 0605590000 087380105 .i .? •, : , i "; ?• .? 'r .l a: , , ,AUmaFUIEDiTONVUHE"':: t+ u'014 ?0 ??9te61r X201 b900445r" 001300?07081F X8207;.3 ` ` IS[l8 3X3N Q3?Itl3>'T? Ala 80-04; 60wva3S080£0 H31 }l9?y,300HxT0 4@ lipUIP IFS -184 I Ili t? M € € 09104/2009 1:03 PM 14 J z 'o 0 z M m a mM G1 v Z Tag Note Item Date' Account Number Amount Serial Number Payee Name Volume ID Issue Date No No 42027946 09/23/2008 OBJO0550008904 70708 1558.48 Bank of America Page 1/1 DDA: 56038280 Check Image Archive Sep 28 2009 Page 1 of 1 *031000040* f 11/07/2007 ? 6214073455 0 O rv This Is a LEGAL COPY o f \ O ? -n your check. You can use i t - O.a way you would the sam: ' use the 19inal check. r A A r_3 O Ot 7 .D O, rn o , O it Ln ; A in t ? M -0 M 0 u 11'00 5 3 2 2011' Image View So-2?s ALLIED LBISH TANKS PLC COt2437 • • . _ - :• - C!(t0053220 -b PAY EXACTLY !111l25,866DOLLARS AND81xCENTS 019228402 000163624 09Q25/07 1 ?.._ T .? Zw.yL ' .??,caMr µa+ocr rAr"-- JvIi Arnaud r!316 1 b.. ` 1.76347.ry_ 08/10/07 !1l/25,86i.51 A", Ft'" RECOraDwr4 D 7j Z, .Zgct. KATHLEEN S CURY_? ZRR J I. 30 -BRENTOttt{tD H FTPE?I .. _j SPA 17257?i2,.i:1• ? ??j [' '• ^r i?YwntAY -73 11M. AA otnrn t . f ? r .ter ?,? .. ? .. .. ? MAN SOW[ WMV eracv lip, :1 7 ti` ] a AMMU 4 ? °Riw2 Py$H CUrCwCUh L;NLY K C}IANGE 6 ?S4UE ??• OAS•,2200 1:0219023521: 5$W03112EI00 440 2 190 2 3 5 21: 56-0 38 28011• v a L0-90-TTRd£0:ZT10Eo TS•9961sZt Nat M3 91QT••O11C00 1n yr k+ O A W o jr O A r r O N O k•` 3 .CAL=o5-s7 1_5 auuUi21W k' \ C?= :C>>DO?SC? FRY-F'}i]LP, krc-in 0 ET,* -4A7J 7RC=447J FY=3oory O 0 E. t! jog z FA I D ??• ' :D0 01:10:37 PM ,11000 2 5866 5 Lair 0 0 0 W W W k+ k, k' o a W C3 ao0 0 ODk- r0IrC3OJ Ir,Ok+OC3 rL r*r*r O _1 0 O W ka rkaW k•? Y rk UkiLn\ jnNnjN 'a t, 0aOWe' L- -, \ \Lnru N M-0O O O O 0 0 .e _j _j Vicar ? fine.: View Posting Amount Serial Sequence Source Type Status Description Selection Date No. No. 1 1 11/07/2007 $25,866.51 53220 00000000000027711034• Check Debit Post CHECK W ru Lrl rt, w s• w-? 0 ru ?. 0 0 Q 0 ru ru -,7 03 ru w0 -?7 bM , $-p z p? M n $p QQ? 4 n S Q c p n G m C v .N -? Ev R a V:l+' OHO -n mm m CDs =o •n IA z Z m m ?-zjZ C .t 0 >p? j0? N vt 0 ?v z r R m -I Ix Q 0 D Z v z O a 0 0 U1 0 r m N Qn V Q Gu M j I y 1 Q Q co g k Zi 4 Vl t!S -k IN N ? O , j T-LORMIMOM H31 N0 0900080£ 2378779 SALZMANN I ?tJGHES,P.C. Attorneys at Law EXPERIENCE • INTEGRITY • INNOVATION 79 St. Paul Drive • Chambersburg, PA • 17201 • (717) 263-2121 • Fax: (717) 263-0663 354 Alexander Spring Road • Suite 1 • Carlisle, PA • 17015 • (717) 249-6333 • Fax: (717) 249-7334 239 E. Main St. • Waynesboro, PA • 17268 • (717) 762-3170 • Fax: (717) 762-0988 105 N. Front St. • Suite 401 • Harrisburg, PA • 17101 • (717) 234-6700 • Fax: (717) 249-7334 *Please reply to Carlisle Office H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 November 2, 2009 RE: Estate of Kathleen S. Gury FILE Dear Tony: I am contacting you concerning your client, Dennis Wright, and his construction company, Dean's Construction and Roofing. We exchanged two letters a few months back wherein we discussed the work performed by your client on some properties owned by Kathleen S. Gury during her lifetime. I set out which checks Mrs. Gury issued to Dean's Construction and Roofing from her account at Sovereign Bank in my letter to you dated March 30, 2009. You responded to my letter with your letter of April 24, 2009, in which you set out what was performed for the amounts received. Copies of the two letters are enclosed for your reference. Since our correspondence, it has been discovered that there are four dividend checks which were clearly endorsed by Dennis Wright. I do not believe there was ever any mention of these amounts in our previous correspondence. The amount of the checks we discussed totaled Sixty Three Thousand Nine Hundred Forty ($63,940.00) Dollars and I was under the impression that this amount represented compensation in full for all of the work that was performed by your client for Mrs. Gury. There is now an additional payment of Fifty Three Thousand Nine Hundred Eighty Three and 47/100 ($53,983.40) Dollars for which there is no explanation. Copies of the four dividend checks that Dennis Wright endorsed are enclosed. In order to avoid litigation, I am asking that the amount of Fifty Three Thousand Nine Hundred Eighty Three and 47/100 ($53,983.47) Dollars be returned to the estate as soon Cuneentrati?? ? in Um. ironmental, Lalld Usv, Municipal, Rcal Estate, Corporate, Estate Planning and Mininistration, and General Cicil Litigatio ATTORNEYS G. Bryan Salzmann, Esq. James D. Hughes, Esq. Adam R. Schellhase, Esq. Charles E. Zaleski, Esq. Thomas J. Finucane, Esq. Eileen C. Finucane, Esq. Stephen E. Patterson, Esq. LeRoy S. Maxwell Jr., Esq. Nancy H. Meyers, Esq. Ann F. DeP Patricia R. E) William W. - - V P Melissa K. Dively, Esq. Rebecca R. Hughes, Esq. Susann B. Morrison, Esq. Ables, Esq.* BIT neau, Esq. S, Esq. Samuel E. Wiser, Jr., Esq. George F. Douglas, III, Esq. Donald E. LeFever, Esq. *Also Admitted to Georgia Bar COM H. Anthony Adams, Esquire November 2, 2009 Page Two as possible. I wish to emphasize that this amount was not given as a gift and was obtained by your client illegally from Mrs. Gury. Please review this very serious matter with your client and please contact me after that meeting to discuss your position. Sincerely, SALZMANN HUGHES, A C. George F. Douglas, III, Esquire GFD/krc Enlcosure CC: Melissa D. Reed, Executrix MELISSA D. REED, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF KATHLEEN S. GURY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DEAN'S CONSTRUCTION & ROOFING AND DEAN WRIGHT, INDIVIDUALLY Defendants CIVIL ACTION- LAW NO.2010 - 2670 AMENDED COMPLAINT cn N ~.~. =~ ,, ., ~ ~=~ - -c : -_ ~_ .- i i ... -~. . w..• ~' : AND NOW, comes the Plaintiff, Melissa D. Reed, Executrix of the Last Will and Testament of Kathleen S. Gury, by and through its undersigned attorneys, Salzmann Hughes, P.C., and avers in support of its Complaint against Defendant as follows: 1. The Plaintiff, Melissa D. Reed, Executrix of the Last Will and Testament of Kathleen S. Gury, is an adult individual residing at 2796 Leitersburg Road, Waynesboro, Franklin County, Pennsylvania. 2. The Defendant, Dean's Construction & Roofing is a business located at 98 East Creek Road, Newburg, Cumberland County, Pennsylvania. 3. The Defendant, Dennis Wright, is an adult individual who resides at 98 East Creek Road, Newburg, Cumberland County, Pennsylvania. 4. The Decedent, Kathleen S. Gury, died on February 18, 2009 and Letters Testamentary have been granted to the Plaintiff, Melissa D. Reed, Executrix, on March 11, 2009 at file number 21-09-0234 of the Register of Wills Office, Cumberland County, Pennsylvania. A copy of the Grant of Letters is attached as Exhibit A. 5. The Defendants entered into a contractual relationship as the Defendants agreed to perform home repairs and maintenance work. In return, the Decedent agreed to pay for such services once an invoice was received from the Defendants. 6. The Defendant, Dean's Construction & Roofing, submitted a Proposal to the Decedent, Kathleen S. Gury for work to apparently be completed in the future which was dated November 9, 2007 in the amount of $26,688.51. A copy of the Proposal is attached as Exhibit B. 7. In order to reconcile the checks which were disbursed by the Decedent a request was sent to H. Anthony Adams, Esquire, the attorney for the Defendants dated March 30, 2009, requesting that invoices be forwarded to Salzmann Hughes, P.C., the attorney for the Estate of Kathleen S. Gury. A copy of the letter is attached as Exhibit C. 8. There were no invoices forwarded to the estate as requested, but instead a responsive letter from H. Anthony Adams, Esquire, attorney for the Defendants, dated Apri124, 2009, indicating that the checks that were issued by the said Decedent were received for work that was performed by the Defendants. The amount of each check and what work was performed for each check amount were listed. The Decedent, Kathleen S. Gury, issued four checks to Dean's Construction and Roofing which included a payment on April 30, 2008 in the amount of $12,500.00, a payment on Apri130, 2008 in the amount of $14,700.00, a payment on May 27, 2008 in the amount of $11,740.00 and a payment on September 19, 2008 in the amount of $25,000 for a total of $63,940.00. A copy of the letter is attached as Exhibit D. 9. It was later discovered in the reconciliation of the Decedents check that four dividend checks were endorsed by Dennis Wright, the Defendant and owner operator of Dean's Construction and Roofing, Defendant. 10. The four dividend checks consist of two checks issued by Orrstown Financial Services, Inc., in the amount of $1,558.48, a dividend check from Allied Irish in the amount of $22,866.51 and a check issued by M&T Investment Group in the amount of $25,000.00. A copy of each check and the endorsement by Dennis Wright are attached as Exhibit E. 11. The four dividend checks total $53,983.47 and there is no explanation for any additional work that was performed by the Defendants to equal this amount. 12. A letter dated November 2, 2009 was sent by Salzmann Hughes, P.C., the attorney for the Estate of Kathleen S. Gury to H. Anthony Adams, the attorney for the Defendants requesting the return of the said $53, 983.40, which was wrongfully retained by the Defendants. A copy of the letter is attached and is marked Exhibit F. 13. The Defendants acted in a fraudulent manner in retaining the Fifty Three Thousand Nine Hundred Eighty Three and 47/100 ($53,983.47) Dollars that was retained for work that was never performed. The Defendants received this compensation through fraud and duress from the Decedent. WHEREFORE, The Plaintiff claims of the Defendant the sum of Fifty Three Thousand Nine Hundred Eighty-Three and 47/100 ($53,983.47) Dollars plus interest and costs, an amount requiring referral to the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, SALZMANN HUGHES, P. C. George .Douglas, III, E quire Attorney for Plaintiff Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. rlleliss~i D, Reerl, Executrix of the Last Will do Testae:ent of Kathleen S. Gury CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Complaint was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class main, postage prepaid, addressed as follows: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 Respectfully Submitted, SALZMANN HUGHES, P.C. BY: ~ti George .Douglas, III, squire Attorney for Plaintiff Attorney ID No. 61886 .. ,. ,.:. ..r ,.• ... ,. . -, _~. .~ • ..-~.. . .. .~ •::. b. .: ::Y<a - ., . . .aa. ,: . :•'^ ~ ':. ' - a .'a: e . : _ .: . ... . . ~ .. ~ . .~ ;..:) NSF. . ~ `: ..'. ..: . _ •'j t ..., : ., ~1 `k ' ~ •'' . :.'' ~;-. ~.. qt =~` ' i- - - ,. ....... ._. _..... ...:•.... .~ ~ .- r ~ .. ~ REGISTER OF WILLS CE RTIFiCATE OF • • - CUMBERLAND COUNTY A ~ GRANT OF LETTERS PENNSYLVANIA No. 2009-00234 PA No . 2 7 - 09- 0234 Estate Of: KATHLEEN S GORY (First, Middle, Last! Late Of : SHIPPENSBURG BOROUGH CUMBERLAND COUNTY Deceased Social Security No : 203-10-5041 WHEREAS, on the 11th day of March 2009 an instrument dated February 19th 1996 was admitted to probate as the Iasi will of _ _. . ~A Tf•fLEEN S- GORY - • (First Middle, Lastl late of SHIPPENSBURG BOROUGH, CUMBERLAND County, who died on the 18th day of February 2009 and WHEREAS, a true copy of the will as probated is annexed. hereto. THEREFORE, I, ~ GLENDA EARNER STRASBAUGH , -Register of Wi 11 s in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this• day granted Letters TESTAMENTARY to: MELISSA D REED ~ • who has duly qua.~i•fied as EXECUTOR(R/Xl and has agreed to administer the estate according to law, all of which fully appears ~of record in my office at CUMBERLAND COUNTY COURT HDUSE, ' CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 7th day of March 2009. ~~V~~~ FROM : .DEAN'S CONSTRUCTION & ROOFING 98 EA:Si' .CREEK RD NEWBURG, PA 17240 PHONE: 1717) 423-5544 FAX: 1717) 423-5705 B~:fDP®S~L SUBI~IITT1rD T®: Name: Kathleen Gury Street: 630 Brenton St. - Date: November 9, 2007 City: Shippensburg State:. PA lip Code: 17257 Telephone Number:532-9519 We hereby prgpose ~#o.'furnish m~teriai~:and per~orm_.all the:labor necessary for the completion of: 'VCT~~~`t~o;be:don~e~~.t'~~~~B~~ 8~~.~~1't'Slrippensburg Bid' for tearing old shingle off of roof, )?utting new boards on where necessary, 301b. felt paper, drip edge; valleys, step flashing, .SOyr. black Arch. shingle on, Putting 3 new ceiling up,m 2 bedr®oms, 1 bathroom Scrapping, priming, painting front porch. Clean ~. and_I~aul away all debris caused by work. Any extra. work will be on a time.and .__,_. _. material basis. If accepted please sign, return one copy and keep one for yourself. All material is guaranteed to.be as specified, and the above work to be performed in accordance with the drawings and specificationisubmitted for the above work and completed in a substantial workmanlike manner for the sum of Received a dheck for $ 25,688.51 Gave Vern Hill $3;0130.00 Dollars ($ ) With payments to be made as follows: Half ofp~m~'nt~p -front, remairia:~r:to:b~~paid::in filll upon completion of work. If not paid in f~l th ` -as~ate ~ueetio`f ;er - All agreeBi~ents= .ontmgenf upon isti~es, :ac~dents or relays beyond our bontrol. ~wuer to carry fire, tornado auS other net:essary ~surance.upon dbove ~~vofk Public Liabfiity'Insurance on the above work to betaken out by Dean's Construction &' Roofing. ,,~,,. J2eope~;t~ic~ au8neitEeal: Dean's Construction & Roofing 9'~c: Dennis Wright ~cC~~E~T~NC~ Q$~ ~P~Q~'Oa~i2~g, The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be~.inade as outlined above. Accepted: Date: Signature: ~ennus 2U~cigR.E Signature: March 30, 2009 ;,,,, , „ YN( H. Anthony Adams, Esq. ~ ~ f L P . 49 West Orange Street, Suite 3 . Shippensburg, PA 17257 - ,.. •~ ~,, RE: Estate, of Kathleen S. Gary and Dean's Construction and Roofing Dear Tony, If my memory serves me correctly, you have recently. informed me that you represent Dean's Construction and Roofing. I currently represent the. Estate of Kathleen S, Gury who appare~,tly yyas a • customer of your client. The BXecutnx, Melissa Reed, has informad~me that Mrs. Gary did have a new roof placed on one of her properties and I have enclosed what appears to be the proposal for that work. I have enclosed a copy of the proposal dated November 9, 2007, which does not clearly state what the cost of the new roof was. In reviewing the cancelled checks of Kathleen Gury from her Sovereign Bank checking account, Dean's Construction and Roofing received a total of Sixty Three Thousand Nine Hundred FortyDollars ($63,940.00) during the year 2008. The payments to your client were as follows: 4/30/2008: $12,500.00 4/30/2008: $14,700.00 5/27/2008 $11,740.00 9/19.2008:. $25,000,00 TOTAL: $63,940.00 I am not certain I have all of the payments made as Mrs. Gary occasionally made payments by signing over her dividend checks. Please have your client provide me with copes of his invoices to show the amount he should have received for the work he performed for her. ATTORNEYS G. Bryan Salzmann, Esq. James D. Hughes, Esq. Adam R Schellhase, Esq. Charles E. Zaleski, Esq. Thomas J. Finucane, Esq. Eileen C. Finucane, Esq. '~~4. ~~ ,~~ . Attorneys ~at Law EXPERIENCE INTEGRITY INNOVATION Stephen E. Patterson, Esq. LeRoy S. Maxwell Jr., Eaq. Nancy H. Meyers, Bsq. Ann F. DePaul[s, Esq. Patrl2ia ~~ William ' ~f 7y 5t. Yaut llnve • (.;hambersburg, YA • 17201 • (717) 263-2121 • Fax; (717) 263-0663 354 Alexander Spring Road • Suite 1 • Carlisle, PA • 17015 • (717) 249-6333 • Fax (717) 249-7334 239 E. Main St. • Waynesboro, PA • 17268 • (717) 762-3170 • Fax: (717) 762-0988 105 N. Front St. • Suite 401 • Harrisburg, PA • 17101 • (717) 234-6700 • Fax; (717) 2'49-7334 Melissa K• Dively,'Esq. Rebecca R Hughes, Esq. Susann B. Morrison, Esq. Laura Rebecca Ables, Esq.' rtlneau, Esq. IT ams; Esq. Samuel E. Wiser, Jr., Esq. George F. Douglas, Ill, Esq. Donald E. LeFever, Esq. `Also Admitted to Georgia Itar *Please reply to Carlisle Of jice ..:::r. ~ ~ ~ S.COM {.;. , March 30, 2009 Page Two . Please contact me with any questions or if you would like to meet to share the aforementioned information. Sincerely, SALZMANN HUGHES, P. C. George F. Douglas, III, Esq. GFD/krc cc: Melissa D. Reed, Executrix LAW OFFICE H. ANTHONY ADAMS 49.WEST ORAN(IE STREET, SUITE 3 SBIPPEN3BURQ, PENNSYLVANIA 17257 TELEPIiONE (717) 532-3270 FA% (7171 532-66 73 April 24, 2009 George F. Douglas, III, Esquire. Salzmann Hughes, P.C. 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 Re: Gury Estate & Dean's Roofing George: This letter is written to confirm the information given to you at my office. I was told that the payment of $12,500.00 on 4/30/2008 was payment for the Burd Street property rood; the payment of $14,700.0 on 4/30/2008 was for the r oof on the house in Hallwood Heights. The payment of $11,740.00 made on 5/27/2008 was for a' roof on the Amberson Property. A fence was constructed at the Hallwood Heights home for which a fee of $25,000.00 was charged. Also, within some of the fees are a remodel at Burd Street, basic maintenance on the properties and monthly checks on .the conditions and problems at the properties. I hope this answers your concerns. Sincerely, << 1 H. Anthony dams HAA: dmb J Document type :Disbursement Check D9/0412009 2:10 PM ~. r • n n. 1 . • • , t~• ' _ ~ ' ~ ~ ' . ~ # = ~ ~ • • < ~ ~ . • •~ • ~r ~ ,;a - • e ` ~ stilt: or,•Axeiuct ~ ' ~j ' ' •q 6 1 V ... ' i 1~RS'IOFYl1 r ' TTFerc"KMe street r! • t ~. '~ :DIVIDEND • • • 8 .44 • • r:~ .I ` B . • P.O.eox250 • 4: :• relitt~.u.~rxvtas;triu •CIIECK' • t •J ~ .. • A 5 \ i •• <. rt+•~-rr.+.., - Shtppanstwrg, P 1 ~~, 172 • 1 ~ . • -1'• l'~ CHECK NtlMBER ~ ~ ~.1 ~ .. ~ ~ f 1.., -• ~ : •PAYRtIIE DATE j r.• - P28713 ~ • ' ' • '' • " :~•' t • E ; ' .r : ~ PAY EXAl:7LY ' , .. _ , : . • b5l23l20UB ':= ~..ONETHOUSAhlD FIVE HUNDRED•f1FTY E1GH7DOU_ARSAND 48 CEP(T5""•"'. 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' :.i .DStaatioos t , 1 •1. )~ 'y - - • R5AjJD~48f~ENjS"' "r':~1'• .~ •`~ ONETk{OU Fl EHUNRREDFIFfYIIGHTD6ltA .. ; :...,$1•~55B.48 .: J ~ '• _ -i. .._ , ~ , , . z'. ! .alt ! o ~: = •~S • ~ ' ~, .~ TNE' KATNL_~EN 5'GURY , ~~ , _ .. ~: ~ •r "'. 1 . t..l ~ _ .. . , .. :ORDER • JAY'S GURY + ;.. ,. ~ ~ ' t ~• ~ ~' ~ -• .. ~ .' ~ `• •~ • ~ • ' _ F' ~,r: ~. 630 BRENTON RDAD' ..: ' ~ f • ~~ "•SHIPPENSBUE2G PA 17257 • ; • i ' ~ : :' ' ~' ~ •• ~'' ' r'• ~ ~:~ . - ' ~ ~ , ' ;~r Rep/rtrtind Tamie7FaaiptAr ' . ,r, , , , .. •, : t r '~ ~ !• • ~ • t ,, , = ~ ~ ~r.~: ;~ ~, a ~~ •, • 1" ..' . _' e .c ,~„ j _~ . ~ ` • .. . ~, s. •~• ~~ ~ • • - ~ ~ OQo5594000 ~ •G873B01D5 ~ ' ~~ ' ` ~', :,' { ' ~ , • I ,.. ~ ?=.i r • = ~ . . ~ . .} :: i; . r :,, , , ; ,j<tiRawim CIGF1-.NkE": ~ ~ u`D4 2D 2?4kl;IF r:Q 114OO4451c OD0DO 7D 7Ofl1F ~4q, zsna .tx~ a3~ia3aa ' ~ ~ ~ ~4~~I~ BO-47~ bORtl£~tB060£0 ~ N31 }19.9300f{ZTO , ~~~~~~ ~~~ ~~~ ~'^rT _ _YT.v ~ ~=11 a ~ ~3 .a . ~ o- a fifiOA A~ ~a mA C ~' m~ 0 . ~ ~ 2 Tag Note Item Date • Account Number Amount Serial Number Payee Name •Valume ID Issue Dafe . No No 09123/2008 70708 1558.46 A202794fi 08100650008904 Bank oEAmerioa Page 111 DDA: 56038280 Check Image Archive Sep 28 2009 Page1of1 *031000040~ 11/07/2007 o 6214073455 rr 0 N ~ This I s a LEGAL COPY o ( ~ ~ your check. You can use 1 t -~ -n~ - the same way you would ~''~ use the or Igtnal check. ~ ~ Pa O ~ t 7 ' P1 ri ~ ..o a , m o , , O ?' ~ ~ ~ ri ~ m~ a m 0 L R Image View 01:10:37 PM • , ALLIED,[$I;}t •EAHKS,PLC• ~ ~r 7 +' ,J S t0i2437 So-27s „ PAY EXACTLY ti 1125,E6bDOlLARS AND51xCENTS 014228402 o4Q1<~3624 09j25/07 1 ~, Y. ~ ... CI~Lp ~`~lkVp[~ ~ .r N.4GVij~M.i~0U1 MY~E ~^~u~l L ~ ~33.f51. ~;,. ~t,,76IIi7.~~ oa/7D/D7 t1~~25~d6b.5] Avis rn•E nEaxaoArE * ((AT~LEEN S CURY. •~o~~ .t'+ 3Q •Bt;ENION.~ D 7 r x".: • ~_ ,_ ~ • ~•~ ~~PEiiSitlRG~~PA~17257 ?~14~~' ~1T t' ',...r • ' - r ~ .. j ~•~l ~ •.i J •~-". 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IU .a O O O O O o ~! a ~ ~!o~ `~'i~ Wig.:, View Posting Serial Sequence Selectio Date Amount No No Source Type Status Description 1 1 11/07/2007 525 866.51 53220 00000000000027711034• Chedc Debit Post CHECK w Ll'1 ~' e ar Q na ~d . .Y'1 .~ .Cl .» Y It ~y~ W Q "~ #w~~., W ~7 0 ~' N ~ O ~~ ~~~ ~~ ~. ~~.~ F~ x z p? 5337,E A~ :~ 3 k h_ ~~ S~ ~. 0 0 v r~ G b n -i G .Z1, a -~ 0 .~ N ~~~~ 'Ti ~m =o ~~~ '° m s~ zzm m -{ Z C ~ ~ 0 ~ b~~ ~~ N U7 N Q v m - x r m -~ T QQ v b Z v z O a 0 0 C O r N g g .:.ti .~ Q' b+ t~ r•. Q 00 x ~ ~ :~ ~ ~ ~~ ~ Q .~ ~~ $ ~~. ~ ~ ~~ Q ~ I~ 7 r~-~~:s e .~st-LaK~~or~tea£o W31 x~..090q~Bq~. a _~ ~ ~~~1 _8 _ - ~. ~. ~ . ~. 2378779 79 Sf. Paul Drive • Chambersburg, PA • 17201 • (717) 263-2121 • Fax (717) 263-0663 354 Alexander Spring Road • Suite 1 • Carlisle, PA - 17015 - (717) 249-6333 • Fax (717) 249-7334 239 E. Main St. • Waynesboro, PA • 17268 • (717) 762-3170 • Fax (717) 762-0988 105 N. Front St. • Suite 401 • Harrisburg, PA • 17101 • (717) 234-6700 • Fax (717) 249-7334 EXPERIENCE INTEGRITI' INNOVATION *Please reply to Carlisle O~ice November 2, 2009 H. Anthpny Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 RE: Estate of Kathleen S. Gury Dear Tony: I am contacting you concerning your client, Dennis Wright, and his construction company, Dean's Construction and Roofing. We e~cchanged tt~vo letters- a few' months back wherein we discussed thework performed by your client on some properties owned by Kathleen S. Gury during her lifetime. I set out which checks Mrs. Gury issued to Dean's Construction and Roofing from her account at Sovereign Bank in my letter to you dated March 30, 2009. You responded to my letter with your letter of April 24, 2009, in which you set out what was performed for the amounts received. Copies of the two letters are enclosed for your reference. Since our correspondence, it has been discovered that there are four dividend checks which were clearly endorsed byDennis Wright. I do not believe there was ever any mention of these amounts in our previous correspondence. The amount of the checks we discussed totaled Sixty Three Thousand Nine Hundred.Forty ($63,940.00) Dollars and I was under the impression that this amount represented compensation in full for all of the work that was performed by your client for Mrs. Gury. There is now an additional payment of Fifty Three Thousand Nine Hundred Eighty Three and 47/100 ($53,983.40) Dollars for which there is no explanation. Copies of the four dividend checks that Dennis Wright endorsed are enclosed. In order to avoid litigation, I am asking that the amount of Fifty Three Thousand Nine Hundred Eighty Three and 47/100 ($53,983.47) Dollars be returned to the estate as soon Concentrating in Environmental, Land Use; Municipal, Real >state, Corporates Estate Plalining andAdministrafiori;and General Civil Litig~tio A7 I'ORI~tEYS G. Bry. an Salirnann, Esq. Stephen E. Patterson, Esq. Melissa K. Dively,~Esq. Samuel E: Wiser, Jr., Esq. James D. Hughes, Esq. LeRoy S. Maxwell Jr., Esq. Rebecca R Hughes, Esq. George F. Douglas, III, •Esq. Adam R Sctiellhase, Esq. Nancy H. Meyers, Esq. Susann B. Morrison, Esq. Donald E. LeFever, Esq. Charles E. Zalesl~i, Esq. Ann E DePa Ables, Esq.* Thomas J. Finucane, Esq. Patricia R. B ~H~ B~ neau, Esq. •Also Admitted to Georgia Bai Eileen C. Finucane, Esq. William W. ~ ~ ,'°a s, Esq. J9 ~~~~ .COM ~,,::~. ,~ H. Anthony Adams, Esquire November 2, 2009 Page Two as possible. I wish to emphasize that this amount was not given as a gift and was obtained by your client illegally from Mrs. Gury. Please review this very serious matter with your client and please contact me after that meeting to discuss your position. Sincerely, SALZMANNHUGHES, P. C. ~~~~. George F. Douglas, III, Esquire GFD/krc Ez~.lcosure CC: Melissa D. Reed, Executrix MELISSA D. REED, EXECUTRIX IN THE COURT OF COMMON PLEAS OF THE LAST WILL AND TESTAMENT : OF CUMBERLAND COUNTY, OF KATHLEEN S. GURY V. Plaintiff DEAN'S CONSTRUCTION & ROOFING AND DEAN WRIGHT, INDIVIDUALLY Defendants To: Dean's Construction & Roofing And Dean Wright, Individually c/o H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 Date of Notice: June 24, 2010 IMPORTANT NOTICE °- ~ ~ Q c-._ .z ' r i'rr, 1 V :2'Q e=t- ALT , cr ~--a ~ ~ ~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN ANSWER TO A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO RESPOND AND THEREBY LOSE 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 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 PENNSYLVANIA CIVIL ACTION- LAW NO. 2010 - 2670 SALZMANN HUGHES, P. C. ~~'- George F. Douglas, III, Esq re Attorney for Plaintiff Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -PENNSYLVANIA MELISSA D. REED, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF KATHLEEN S. GURY Plaintiff vs DEAN'S CONSTRUCTION & ROOFING AND DEAN WRIGHT, INDIVIDUALLY Defendant N0. 2010-2670 CIVIL TERM Civil Action -Law cn -~ t~ ~ • ~' `i E'' iTg~ C ~y .' , W .I jt`~" ~C.._ ~ c_.3,I' : . .-- ,.._ -~ ~ .: , ANSWER Now come the Defendants, Dean's Construction and Roofing and Dean Wright, individually, by and through H. Anthony Adams, Esquire and set forth the following answer: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted in part; the proposal of November 9, 2007 was not a full and complete proposal for all work performed or to be performed. 7. Admitted 8. Admitted 9. Admitted 10. Admitted 11. Admitted that the checks were not tied to work performed. The Decedent delivered to Defendant, Dean Wright the checks listed for her own reasons. 12. Denied that any amount was wrongfully retained. Decedent gave the money to Dean Wright. 13. Denied, Dean Wright was given the money for reason known only to Kathleen Gury. She gave them of her own free will and was not subject to any act of fraud or duress by Defendants. Wherefore, Defendants pray that the Honorable Court dismiss the Plaintiff's Complaint. Respectfully submitted, H: nthony Adams, Esquire Attorney for Defendant 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 L VERIFICATION I verify that the statements made in this answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~ Date: ~0 Dean Wrigh In ividu AND FOR DEAN'S CONSTRTUCTION & ROOFING PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) G~' ~-~ ~. ~- .~ .. a ~3~ 2~1~, ~~ ~ 7 ~~i~ ~:~ ~ r ~v~ i~ Pm TO THE PROTHONOTARY OF CUMBERLAND COUNTY ~. ;, , Please list the following case: ^ for JiTRY trial at the next term of civil court. X^ for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Melissa D. Reed, Executrix of the Last Will and Testament of Kathleen S. Gury (Plaintiff) vs. Dean's Construction & Roofing and Dean Wright, Individually (Defendant) vs. (other) The h3a1 list will be called on and Trials commence on Pretrials will be held on (Briefs are due S days before pretrials No. 2670 , 2010 Term Indicate the attorney who will try case for the party who files this praecipe: George F. Douglas, III, Attomey for Plaintiff Indicate trial counsel for other parties if known: H. Anthony Adams, Attomey for Defendant This case is ready for trial. Signed: ~ a'3'~QQp,~ l °t Print Name: George F. Douglas, III Date: 817/10 Attorney for: I" Q.iZ~.,~~~_,)r.~. ~s ° ©d ~d < ""~ ~~ ~~ ~~ © Civil Action -Law ^ Appeal from arbitration ^ MELISSA D. REED, EXECUTRIX IN THE COURT OF COMMON PLEAS OF OF THE LAST WILL AND CUMBERLAND COUNTY, PENNSYLVANIA TESTAMENT OF KATHLEEN S. GURY : V. DEAN'S CONSTRUCTION & ROOFING: AND DEAN WRIGHT, INDIVIDUALLY : 10-2670 CIVIL TERM ORDER OF COURT AND NOW, this fi day of August, a non-jury trial shall commence at 1:30 p.m., Monday, November 1, 2010, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. ./ George F. Douglas, 111, Esquire For Plaintiff ,- H. Anthony Adams, Esquire For Defendant By the Court, Albert H. Masland, J. Court Administrator _ (2o 1 n y l )-tecL saa e4,,I ES ?h.?t L£.clS/23/16 ?:Zvl 0 Q 3 ._- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -PENNSYLVANIA MELISSA D. REED, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF KATHLEEN S. GURY Plaintiff vs DEAN'S CONSTRUCTION & ROOFING AND DEAN WRIGHT, INDIVIDUALLY Defendant MOTION TO CONTINUE TRIAL Now comes the Defendant, Dean's Construction & Roofing and Dean Wright, Individually, by and through his counsel, H. Anthony Adams and states the following: 1. On August 20, 2010, an order was entered scheduling trial in this matter for November 1, 2010 at 1:30 p.m. in Court Room 5. (3~ T~ ~IL~ D Tf~`O~O TAR °~' ZdlO OCT 19 A~ !Q: 3 ~U~~6~~- ArJD COU~dTY PE~1~~'S YI.VA;IA NO. 2010-2670 CIVIL TERM Civil Action -Law :Judge: Albert H. Masland 2. Defendant had been scheduled to be in Colorado on that date not intending to return to Pennsylvania until the 3~d or 4"' of November, 2010. 3. George F. Douglas III, concurs in Counsel's request for a continuance. 1 Wherefore, H. Anthony Adams, Counsel for the Defendant requests your Honorable Court enter an order directing that the trial in the above captioned matter be continued. Respectfully submitted, H. Anthony Adams, Esquire Counsel for Defendant 49 West Orange Street Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION I verify that the statements made in this motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. The Defendant was not available to sign this verification and a a substitute verification will be filed. Dare: 10 I (~ H. Ant ony Adams, Esquire ~.... CERTIFICATE OF SERVICE I hereby certify that I am on this day serving a copy of the forgoing document upon the person in the manner indicated below, by depositing a copy of the same in the United States Main, Shippensburg, Pennsylvania, with first class postage prepaid as follows: George F. Douglas, III Esquire Salzmann and Hughes, P.C. 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 Date: October 15, 2010 H. Anthony Adams, Esquire Attorney for Plaintiffs 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 ID# 25502 raw oFFrcE H. ANTHONY ADAMS 49 WEST ORAN(}E STREET, SUITE 3 SHIPPENSBUR(3, PENNSYLVANIA 17257 TELEPHONE (717) 532-3270 FAX (717) 532-8873 October 15, 2010 Prothonotary Cumberland County Courthouse Suite 100 1 Courthouse Square Carlisle, PA 17013 Dear Prothonotary: Please file the enclosed Motion to Continue and forward to Judge Masland for his consideration. Sincerely, --.~ H. Anthony Adams HAA: dmb Enclosure "-.-_ oer ~ 0200 MELISSA D. REED, EXECUTRIX : N0. 2010-2670 CIVIL TERM OF THE LAST WILL AND TESTAMENT OF KATHLEEN S. GURY Plaintiff :Civil Action -Law vs c ~ ~ DEAN'S CONSTRUCTION & ROOFING `~=~ ~ --+ AND DEAN WRIGHT, INDIVIDUALLY :Judge: Albert H. Masland ~~ ° ~ _' Defendant ~A r. , ~~ , c.n , ~ ~o ° --1 --- ~ ORDER ~ .~ ~ ~-~ AND NOW this day of Ocd~~~ , 2010, the within Motion having been presented to the Court, read and considered. IT IS HEREBY ORDERED that trial without jury in the above captioned matter is continued to ,~i-ce.~.~,y,L !~ ,.30~o at /: 30 o'clock in Court Room 5 of the Cumberland County Courthouse. By the Court, ff r J ~ ES rrt~ I l~ 1 ~ ~~ l.~s e~/~~~~ ~~ ~~~ S MELISSA D. REED, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF KATHLEEN S. GURY, Plaintiff V. DEAN'S CONSTRUCTION & ROOFING AND DEAN WRIGHT,: INDIVIDUALLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2010-2670 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of December, 2010, after a nonjury trial, the Court finds for the Defendant and against the Plaintiff. George F. Douglas, Esquire 354 Alexander Road, Ste 1 Carlisle, PA 17015 For the Plaintiff Anthony Adams, Esquire Suite A 128 East King Street Shippensburg PA 17257 For the Defendant By the Court, Albert H. Masl nd, J. pcb ,) C LL C: d oD ? CS rylit t ;Z;:0 r-) -,r- 20 It v o . -S, ? z n C: DO (z)