Loading...
HomeMy WebLinkAbout10-4511 Brian K. Zellner, Esquire Hynum Law Atty. ID #59262 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 THOMAS SOMERVILLE COMPANY Plaintiff v. RICHARD L. WHISLER, KENNETH L. WHISLER and WHISLER'S WELL DRILLING, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION -LAW ~l- . ~_, ~-, NOTICE r.,~ c~ ~_ f a -o N You have been sued in court. If you wish to defend against the claims set forth. the following pages, you must take action within twenty 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 /717-249-3166 a ~~ ~~~-~~ C,~~ a993 ~/y 7~//mar F" ; _..-~ ,; -, :}~ ~llC~ a~j`i~~o USTED HA SIDO DEMANIDADO EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de is proximos viente (20) dias despues de la notification de esta Demanda y aviso radicando personalmente o por rnedio de un abogado una comparecencia escrita y radicando en la Corte por escritosus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tornar accion Como se escribe anteriormente, el caso puede proceder sin usted y un fallo por qualquier suma de dinero reclamada en la demandaa o cualquier otra reclamacion o remedio solicitado por el demandanta puede ser dictado en contra suya por la Corte sin mas aviso adicional. IJsted puede perder dinero o propiedad y otros direchos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTAOFICINA PUEDE PRO VEERLE INFORMACION A CERCA DE COMO CONSEGLJTR UNABOGADO. ST USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PRO VEER INFORMACION SOBRE AGENCIES QUE OFREZCAN SERVTCIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUECUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 /717-249-3166 Brian K. Zellner, Esquire Hynum Law Atty. ID #59262 2608 N. Third Street Harrisburg, PA 17110 (717)774-1357 THOMAS SOMERVILLE COMPANY IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, Plaintiff :PENNSYLVANIA NO. v. RICHARD L. WHISLER, KENNETH L. WHISLER and WHISLER'S WELL DRILLING, INC., Defendants CIVIL ACTION -LAW COMPLAINT 1. Plaintiff, Thomas Somerville Company, is a corporation organized under the Laws of the Commonwealth of Pennsylvania with an address of 16155 Trade Zone Avenue, Upper Marlboro, Maryland 20774-8733. 2. Defendant, Richard L. Whisler, is an adult individual with an address of 840 Mountain Road, Newville, PA 17241. 3. Defendant, Kenneth L. Whisler, is an adult individual with an address of 40 Brandt Lane, Newville, PA 17241. 4. Defendant, Whisler's Well Drilling, Inc., is a corporation organized under the Laws of the Commonwealth with an address of 366-1 Greenspring Road, Newville, PA 17241. 5. On or about November 3, 2009 to February 4, 2010, the Plaintiff provided the Defendants with services and products totaling $24,058.78. Attached hereto as Exhibit "A" is a true and correct copy of the account receivable statement. 6. The Defendants executed a Credit Application with a personal guaranty on June 17, 2004. Attached hereto as Exhibit "B" a true and correct copy of the Credit Application. 7. The Plaintiff as made repeated requests for payment and the Defendants have refused to pay. COUNT I -BREACH OF CONTRACT 8. Paragraphs 1 through 7 are incorporated herein by reference as though set forth at length. 9. The Plaintiff produced materials pursuant to the Defendants' request. 10. The Plaintiff produced the materials that it was contracted to produce in a timely, good and workmanlike manner. 11. The Defendants breached the contract between the parties by failing to pay for the materials produced and services provided. 12. As a result of the Defendants' breach of contract, the Plaintiff has suffered damages in the amount of $24,058.78. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order as follows: a. Granting judgment for the Plaintiff and against Defendants in the amount of $24,058.78; b. Granting Plaintiff its costs incurred in connection with this action; c. Granting reasonable attorney fees; d. Granting Plaintiff interest and, e. Granting such other relief as the Court deems equitable and just. COUNT II -- UNJUST ENRICHMENT 13. Paragraphs 1 through 12 are incorporated herein by reference as though set forth at length. 14. Count II -Unjust Enrichment is pled in the alternative to Count I. 15. From November 3, 2009, Defendants have been afforded the value of the Plaintiff's material and have failed to make payment. 16. As a result, the Defendants have been unjustly enriched and received benefit. 17. Acceptance and retention of this benefit by the Defendants, under the circumstances, is inequitable. 18. As a result of the Defendants' failure to pay Plaintiff, Defendants have been unjustly enriched in the amount of $24,058.78. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order as follows: a. Granting judgment for the Plaintiff and against Defendants in the amount of $24,058.78; b. Granting Plaintiff its costs incurred in connection with this action; c. Granting reasonable attorney fees; d. Granting Plaintiff interest and, e. Granting such other relief as the Court deems equitable and just. COUNT III -FRAUD 19. Paragraphs 1 through 18 hereof are incorporated herein by reference as though set forth at length. 20. In order to induce the Plaintiff to produce materials and services for the Defendants, the Defendants represented to the Plaintiff that they would pay for the materials produced and services provided. 21. Plaintiff believes, and therefore avers, that such representation was materially false, in that Defendants have not paid for the materials produced and services provided. 22. Such material misrepresentation was made by Defendants with actual knowledge of its falsity, or in reckless disregard of its truth or falsity, as to the actual intent of Defendants with respect to their intent to pay for the materials produced and services provided. 23. In justifiable reliance upon the material misrepresentation of Defendants, Plaintiff produced materials for the Defendants. 24. The Plaintiff would not have agreed to produce the materials and services if Plaintiff had been aware of the fact that Defendants would not pay. 25. As a result of the misrepresentations of Defendants and their failure to pay for the materials produced as originally agreed, Plaintiff has been damaged in the amount of $24,058.78. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order as follows: a. Granting judgment for the Plaintiff and against Defendants in the amount of $24,058.78; b. Granting Plaintiff its costs incurred in connection with this action; c. Granting reasonable attorney fees; d. Granting Plaintiff interest and, e. Granting such other relief as the Court deems equitable and just. ~ ~-- ~ ~ ~ o Brian K. Zellner, Esquire Attorney ID 59262 Hynum Law 2608 N. Third Street Harrisburg, PA 17110 [717] 774-1357 Attorney for Plaintiff VERIFICATION I; ~~~ Yn ~le.y hereby state that I am the authorized Fepresentative of the Plaintiff in this acction and that the statements of fact made in the foregoing Complaint are true and con~eot to the best of my information and belief. The . undersigned understands that the statements herein are made subject to the pena~ies of 18 Pa. Cons. Stat. Ann. § 4904 relating to unswom falsification to . authorities. Date: "1 ~ (o ~~,0 ~ 8 - ~' : I ~~ 8/8 :~d TT:96 8T-9B-LB Fiq }uas xr3 EXHIBIT "A" CODE 1. INVOICE 2. PAYMENT 4. CHARGEADJUSTMENTS SALES TAX INVOICE AMOUNT DISCOUNT pfSALLOWED FREIGHT 6. DISCOUNT 7. DISCOUNT OR CREDIT NQT ALLOWED 8. SERVICE CHARGE 9. CREDIT MEMO STATEMENT THOS. 50MERU I LLE CO. CREDIT DEPT: 301-430-2985 BILL INgUIRIES + INVOICE COPIES: 717-264-9300 REMIT T0: P.D. BDX 62456 BRLTIMDRE, MD 21264-2456 ~ WHI5LER'S WELL DRILL]NG, INC. 366-1 GREENSPRING RD. NEWUILLE, PR 17241 {X} ~ BR CUST. NO. JOB NO. DATE 86320 000 6/30/10 ##### DO NOT MRIL #### ##### DO NDT MRIL #### JOB NAME L J PAID THIS MONTH LAST PAYMENT ' •' • • • :• ~rs- DATE INVOICE NUMBER INVOICE SUBTOTAL SALES TAX INVOICE TOTAL CREDITS REFERENCE C OD 2/04/10 11&4088 428.40- 25.70- 454.10- CREDIT MEMO 9 E 3/25/10 11&4161 520.60- 31.24- 551.84- CREDIT MEMD 9 7/03/07 11@4946 73.56- PRYMENT 2 11/03/09 11E9978 498.52 29.91 528.43 CHARGE 1 11/03/09 11E99B0 613.89 36.83 650.72 CHRRGE 1 11/03/09 11F0083 486.58 29.19 515.77 CHRRGE 1 11/04/09 11F0177 85.44 5.13 90.57 CHRRGE 1 11/04/09 11F0255 .51 .03 .54 CHRRGE 1 11/06/09 11F0309 1,005.23 60.31 1,065.54 CHRRGE 1 11/06/09 11F0310 613.89 36.83 650.72 CHRRGE 1 11/06/09 11F0363 398.57 23.91 422.48 CHRRGE 1 11/06/09 I1F0434 48.44 2.91 51.35 CHRRGE 1 11/06/09 11F0470 90.71 5.44 96.15 CHRRGE 1 11/10/09 11F0650 242.21 14.53 256.74 CHRRGE 1 11/10/09 11F0723 37.55 2.25 39.80 CHRRGE 1 11/10/09 11F0755 143.64 8.62 152.26 CHRRGE 1 11/16/09 11F0776 1,270.67 76.24 1,346.91 CHRRGE 1 11/16/09 I1F0777 613.89 36.83 650.72 CHRRGE 1 11/12/09 11FOB55 211.05 12.66 223.71 CHRRGE 1 11/16/09 11F1244 17.85 1.07 18.92 CHRRGE I 11/18/09 11F1456 302.38 18.14 320.52 CHRRGE 1 11/18/09 11F1462 414.25 24.86 439.11 CHRRGE 1 11/30/09 11F1784 956.15 57.37 1,013.52 CHRRGE 1 11/30/09 11F1B36 518.48 31.11 549.59 CHRRGE 1 11/30/09 11F2130 701.26 42.08 743.34 CHRRGE 1 12/31/09 11F4786 486.58 29.19 515.77 CHRRGE 1 12/31/09 11F4790 1,830.95 109.86 1,940.81 CHRRGE 1 12/31/09 11F4791 1,202.05 72.12 1,274.17 CHRRGE 1 12/31/09 11F4792 824.94 49.50 874.44 CHRRGE 1 12/31/09 11F4B53 433.83 26.03 459.86 CHRRGE 1 1/05/10 i1F5107 103.12 6.19 109.31 CHRRGE I 1/05/10 11F510B 348.28 20.90 369.18 CHRRGE 1 /CONTINUED/ CURRENT 31-60 DAYS 61-90 DAYS OVER 90 DAYS ~ • • - ~ • • SERVICE CHARGE AT 2% PER MONTH ON PAST DUE ACCOUNTS CODE 1. INVOICE 2. PAYMENT 4. CHARGEADJUSTMENTS SALES TAX INVOICE AMOUNT DISCOUNT DISALLOWED FREIGHT 6. DISCOUNT 7. DISCOUNT OR CREDIT NOT ALLOWED 8. SERVICE CHARGE ~. CREDIT MEMO STATEMENT THOS. 50MERU 1 LLE CO. CREDIT DEPT: 301-430-2985 BILL INgUIRIES + INUDICE COPES: 717-264-9300 REMIT T0: P.O. BOX 62456 BRLTIMORE, MD 21264-2456 r WHISLER'S WELL DRILLING, INC 366-1 GREENSPR]NG RD. NEWUILLE, PR 17241 {X} ~ BR COST. NO. JOB NO. DATE 86320 000 6/30/10 ##### DO NOT MRIL #### ##### DO NOT MRIL #### JOB NAME L J PAID THIS MONTH LAST PAYMENT •' • • • :• =r~- DATE INVOICE NUMBER INVOICE SUBTOTAL SALES TAX INVOICE TOTAL CREDITS REFERENCE C OD 1/05/10 11F5136 168.10 10.09 178.19 CHRRGE 1 E 1/05/10 11F5137 25.52 1.53 27.05 CHRRGE 1 1/OB/10 11F5516 36.50 2.19 38.69 CHRRGE 1 1/15/10 11F6056 2,010.78 120.65 2,131.43 CHRRGE 1 1/18/10 11F6165 1,510.28 90.62 1,600.90 CHRRGE 1 1/19/10 11F6363 163.62 9.82 173.44 CHRRGE 1 1/20/10 11F6442 1.89 .11 2.00 CHRRGE 1 1/20/10 11F6496 627.46 49.65 877.11 CHRRGE 1 1/21/10 11F6657 36.26 2.18 38.44 CHRRGE 1 1/27/10 I1F7150 147.00 8.82 155.82 CHRRGE 1 1/28/10 11F7265 24.31 1.46 25.77 CHRRGE 1 1/29/10 11F7420 616.92 37.02 653.94 CHRRGE 1 2/02/10 11F7465 744.80 44.69 789.49 CHRRGE 1 2/02/10 11F7563 64.75 3.89 68.64 CHRRGE 1 2/01/10 11F756B 21.29 1.28 22.57 CHRRGE 1 2/03/10 11F7723 210.77 12.65 223.42 CHRRGE 1 2/03/10 11F7724 603.30 36.20 639.50 CHRRGE 1 2/04/10 11F7869 268.29 16.10 284.39 CHRRGE 1 2/05/10 IiF7923 19.75 1.19 20.94 CHRRGE 1 10/01/07 115/C 29.84- PRYMENT 2 1/31/10 1100010 365.90 SERVICE CHG B 2/28/10 1100020 484.44 SERVICE CHG B 3/31/10 1100030 514.39 SERU]CE CHG 8 11/30/09 1100119 191.87 SERVICE CHG 8 12/31/09 1100129 288.84 SERVICE CHG B CURRENT 31-60 DAYS 61-90 DAYS OVER 90 DAYS • 1 ~ ~ ~ ~ ~ ~ ~ ~ • • 1 • • 24,058.78 24,058.78 24,058.7BT StHViCE CHARGE AT 2% PER MONTH ON PAST DUE ACCOUNTS EXHIBIT "B" god°rvii/ i. Fr ,gb~ Plumbing. Healing & Air Conditioning Suppl es BUSl1Y1=S,~CRF~?I7 APPLICAIJO~I TSCO Branch~__ ^ T5C0 Sa(esman~igg _ TSCO Account r_ Application DatQ: ~ ~~^~ Federal ID ~: ~ ~ T Legal Name of Phonet~ 11 11 r~sj~~ Date Eslaplished:__~_,~~„ [YCOrp. [ ]Sole Prop [ ]Partnership (] (1C (J /, OTHER PR(NCIPAI,S: Full Name Home Address (City, State. Zip Code) SS# Position tic r L..i~h ~ ~'~ t~e~v~ ~ ~~2u- Business Reforegc s: Namme ~Ph~on]e Number w~/a~re~a code Account ~~ Supplier; ~ t ~ ~~' ~a~-~~~~Q~+-.[:,rte - - Su liar ~!~ tr;?~'1-"112~ •~~~ - PP Supplier. ~~~~ ~''~y~ ~-a-~~s 3~?~ ~ Bank (Checkir~y): •~-,~~~--~-~1, 1~1~ ~Z?~.. ._ - -- GUA~gN.Y'Y . '1 his Guaranty is given by the urtdersiyned to Thns. Somerville Co., (hereinafter referred to as the Company) in order to induce it to extend credit to, or otherwise become a creditor of the Purchaser, Its successors and assigns. I/VVE hereby unconditionally PERSONALLY tUARANTEE to the Company the prompt payment, when due, of every claim of the Company that may hereafter arise against ltte Purchaser, its successors and assigns. I/1ArE do also unconditionally PEftS~NAI.LY GUARANTEE payment of all costs of Cpllertion including but not limited to, attorney's fees of thirty-three and one-third percent (331/3%) of the amount placed for collection, court costs plus interest at 24% per annum This is a continuing GUARANTY and shall remain in full force troll revoked by Guarantor(s) by notice in writing to the Company by certified mail. 5urh revocation shall be effective only as to the claims of the Company that arise out of transactions entered into thirty (30) days after the Company's receipt of said notice. This obligation shall cover the renewals of any claims guaranteed ny this instrument or extensions of time for payment hereof, and shall not be affected by any surrender or release by the Company of any other security held by it for any claim hereby guaranteed. This GUARANTY is, and shall remain binding upon their heirs, estate representatives, successors, and assigns of Guarantor. If Purchaser changes its Icgal formation or status after execution of this guaranty (hereinafter, "Successor Entity') with or without the knowledge or consent of the Company, the undersigned shall unconditionally guaranty the payment of, and be jointly and severally liable to the Company for all claims, service charges, costs and attorneys fees assessed or incurred by the Company for any indebtedness intoned by or transferced to such Successor Entity. This tUARANTY is independent of any rights that the Company may have with respect to the above Holed debt of Purchaser, Its successors and assigns. All of the Company rights are Cumulative artd not altemalive. The undersigned hereby waive a-I exemptions including their homestead exemption as wall as aN requirements or rights with regard to notice, presentment, demand, noticA of dishonor, notice of protest and nonpayment in the event of default. and the undersigned further agree(s) that venue and jurisdiction for any legal proceetling to enforce the terms of lhls Guaranty, including payment, may be brought, at the Company's option, in the applicable State and Federal Courts of Competent jurisdiction in and for Monfgornery county, ,Yla~ gland, aid this guaranty and Its terms shall be interprcled and governed by the laws of the State of Maryland, in that thi.5 agreement and guaranty are fomtetl in the State of Maryland by tl~e Company's ratification of this agreement in Upper Marlboro, Maryland. The undersigned agree to alt terms of this guaranty and grant the Company authority to investigate the credit and financial responsibility of U1e undersigned prior to granting credit to the Purchaser and at all times thereafter until the Purchaser's account is Closed and paid in full, The undersigned holds harmless the Company and its employees for credit reporting of the undersigned. Datetl this ~~~ day of 20 V'" Signature: `1L1~ Tn n E...r.-- - - Punt Name.: ~1~itJ1,~- 1r ~1 'r SS#; I h~~i~r Signature: _,,,, _~„_ Print Name= „~ ^ SS#; ._ Signature: Print Name: SS#; Signature: Print Nzme: SSA; Credit Application ratified on tPl e~ q1(~{ 6y G`'a~f TSCO. 16155 Trade Zone Avenue, Upper Marlboro, MD 20774 • Phone 301-330-9575 • Fax 301-390-7100 Try©s. s~~e~~irrs ~o. DISUiburors or Plumbing & Healing Supplies 1. These terms and conditions of sale shall control on all sales, including 8irect shipment sates arranged by or through Thos. Somerville Co_ whether or not materials are delivered by or through Thos, 5omervUle Co. 2. Thos. Somerville, andlor Its operating bivisions hereby sells to Purchaser and Purchaser hereby purchases all Items of plumbing, heatlng and air conditioning, subject to the terms and Condhions set forth and herein below. All orders are based on the quotations and, if placed within thirty (30} days tram date of quotation, and accepted by Thos. Somerville Co., will be billed at the price quotEd. ALL PRICES ARE FOB SNIPPING POINT UNLESS OTHERWISE SPECIFIED IN WRITING. THE PRICES QUOTED ARE SUBJECT 70 ADDITIONAL FEDERAL, STATE OR LOCAL TAXES. All Ilmlts on credit or amounts of credit given shalt be made by Thos. Somerville Co. in its sole discretion from Ume to time es necessary. 3, On all orders placed for stock, out of stock and special order materials, where the delivery date is delayed due to a manufacturers shlpping error, or any other error, Purchaser agrees to hold Thos. Som¢rvllle Co. harmless for any delay and agrees to make payment in full for said goods. 4. All materials delivered must be examined and inspected by the Purchaser and/or his agent or reprssentalivt upon receipt, any claim of shortage and / or damage must be made as the time of delivery. Where Purchaser and / or his agenf or representative cannot examine and inspect material upon receipt, any and all elatms must be made within ten (10) business days of delivery. Any claims made after the prescribed time period will not be honored. 5. A minimum of 20% handling charge will be made on all merchandise returned for uedl~. No merchandise will be accepted without our prior authorization. Out of the carton marerlal will not be'accepted for crcdiL All rclums will bs accompanied with the original irrvoice nurnb¢r of purchase for.reference. 6. Purchaser agrees that his /her SOLE REMEDY available for any default arising out of the sale and / or use of any and all materials purchased shall be Ute return of said materials purchased fora refund of the purchase pitta less the handling charge. Purchaser acknowledges That no suit will he hroughf against, or shall Include, Thos_ Somerville Co. whore either consequential or incidental damages are sought 7. This ~credlt agreement and terms of sale was made~in the Stale of Maryland (by Thos. Somerville Co. having counlerslgned it in Maryland) and Is to be performed in the State of Maryland bye reason offha orclars placed and payments required Io be made to Thos_ Somerville Co. in Maryland. This credit agreement and farms of sale shall be interpreted end governed by the laws of the State of Maryland. Purchaser, its successors and assigns agrees to' personal jurisdction and venue For any legal proceeding to enforce the temms of sale and this agreement, including paymenE may be brought, at Thos_ Somerville Co,'s sole d'racretion, in the applicable Federal and Stale Courts of competent jurlsdicUon In and for Prince George County, Maryland 2. Thos. SomervUle Co. shall be nodlfsd In wrlUng by eerUfled mall, any changes to Purchases name or legal status and such change wilt become effective thirty (30) days after receipt of such notice by Thos. Somerville Co. 9. On all matters referred by Thos. Somerville Co. to fhelr attorneys for collection, purchaser agrees ID pay 331!3°/. of the total sale elite or actual amount billed, whichever ie greater, for attorney's fees plus costs, and disbursements. 10. PURCHASER AGREES THAT THOS. SOMERVILLE CO. SHALL NOT BE RESPONSIBLE FOR ANY MANUFACTURER'S OR sHIPptNG DEFECT. Purchaser furUter agrees to hold Thos. Somervltle Co. harmless for any manufacturefs or shipping defect or ANY INJURY TO person(s) due to said defect_ 11. A11 warranties are Ilmit¢d to the warranty given by the manufacturer, and in no event will Thos. Somerville Co. b¢ responsible for Installation or labor charges. TSCO makes no warranties, express or implied, including but not Ilmlted to the implied warr~niy of • merdtantabUlty and finally for particular purpose. , 12. The RISK OF LOSS of any goods and/or materials Shall pass to the Purchaser as soon as said goods and/or materials are delivered to Purchaser at its place of business or any other place specifically designated by the Purzhaser for defrvery. 13. Purchaser agrees that any account thirty (30) days past due shall be charged 2% per month Interest on Use unpaid balance, !arms of sale are net 30. 14. The undersigned agrees that Utis information is warranted to be true and authori2es Thos. Somerville Co. to investigate any references pertaining to my/our credit and financial responsibility, Purchaser acknowledges that he/she has read and AGREES TO ALL OF THE ABOVE TEF2AAS AND CONDITIONS OF SALE. This agreement Is not effective until countersigned by Thos, Somerville Co. ~~- =-- ~rla~cd ~- ~n~h~~l~r ~ ~ Signature -J-1/t _N I~t> ~1 l~llLL.t ~~~~ Signature NBfn2 IPA) 0818 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~' ' ' ~~~ntn of ~~~~t~3r~t~~~ ~'-`" 7~ , _ .'~~ . ~-R'~ Jody S Smith Chief Deputy ~' -~ , ° ~F`, , - ; Richard W Stewart ~'`~ ~~ ~ ~ ~ :0( Solicitor ~Fr:'t'E :F F"E ~"°R'r:~= ,,, ,i , v~~: . _ ~v r ~ _ .~+ Thomas Somerville Company Case Number vs. Richard L. Whisler (et al.) 2010-4511 SHERIFF'S RETURN OF SERVICE 07/09/2010 07:10 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2010 at 1910 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard L. Whisler, by making known unto himself personally, at 840 Mountain Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time and' g to hi personally the said true and correct copy of the same. ARK ONKLIN, DEPUTY 07/09/2010 07:10 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2010 at 1910 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Whisler Well Drilling, Inc., by making known unto Richard L. Whisler, Owner of Whisler Well Drilling, Inc. at 840 Mountain Road, Newville, Cumberland County, Pennsylvania 17241 its cont is and at the same time handing to him personally the said true and correct co y of th ARK CONKL N, DEPUTY 07/19/2010 07:00 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 19, 2010 at 1900 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kenneth L. Whisler, by making known unto himself personally, at 40 Brandt Lane, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same tim a ing im personally the said true and correct copy of the same. MARK CONKLIN, DEPUTY SHERIFF COST: $79.80 July 20, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj CountySuice Sheriff. TeteoSOft, Inc. Brian K. Zellner, Esquire Hynum Law Atty. ID #59262 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 THOMAS SOMERVILLE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA NO. 10-4511" -, V. "' RICHARD L. WHISLER, <? -;? KENNETH L. WHISLER and WHISLER'S WELL DRILLING, INC., Defendants : CIVIL ACTION - LAW PRAECIPE TO SETTLE, END AND DISCONTINUE TO THE PROTHONOTARY: Please mark the docket in regard to the above-matter, settled, ended and discontinued. Date: r , J 3 t lr-L /C P Brian K. Zellner, Esquire Attorney ID 59262 Hynum Law 2608 N. Third Street Harrisburg, PA 17110 [717] 774-1357 Attomey for Plaintiff CERTIFICATE OF SERVICE On this 3rdd day of November 2011, 1 certify that a copy of the foregoing document was served upon the Counsel for the Defendants by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Jason P. Kutulakis, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 _zi- /(- LAW Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff