The URL can be used to link to this page

Home My WebLink About04-3691JOHN KEENER, INC. PLAINTIFF V. DONALD HEARN DEFENDANT IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 0q- 3691 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 nay 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JOHN KEENER, INC. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : OF CUMBERLAND COUNTY, PA v. DONALD HEARN : CIVIL ACTION - LAW DEFENDANT . NO. dGf_ 3?q1 COMPLAINT 1.) Plaintiff is John Keener, Inc, a Pennsylvania corporation with its place of business in Silver Springs Township, Cumberland County, Pennsylvania. 2.) Defendant is Donald Hearn, an adult individual, doing business as Hearn and Company whose office is at 9 Brenneman Circle, Mechanicsburg, Pennsylvania ( Silver Springs Township ). 3.) On April 18, 2003, plaintiff and defendant made a contract whereby plaintiff agreed to supply labor and material to install grout under precast cells which defendant installed at Muncy prison. A copy is attached as Exhibit A. 4.) Plaintiff furnished labor and material to complete the work in a timely and workmanlike manner on or before May 30, 2003. 5.) Plaintiff has demanded payment of the contract price of $14,962.00 but defendant has failed and refused to pay the same and said amount is due and owing. WHEREFORE, plaintiff demands judgment of defendant in the amount of $14,962.00 plus interest and costs. July 23, 2004 M , Att ey for Plaintiff JOHN KEENER, INC. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : OF CUM$VRLAND COUNTY, PA V. CIVIL AC'T'ION - LAW DONALD HEARN DEFENDANT NO. VERIFICATION I, Paul A. Keener, Jr., 'Vice President of John Keener Inc., hereby verify that the statements of fact made in the foregoing instrument are true and correct to the pest of my knowledge, information and belief I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S. 4904, relating to unsworn falsification to 4uthoriti Ir 05 FT06 ROAD • MECHANIC SBURG. PA 17055 PRONE 171t7i 597-0420 • FAX i 1 7) 697-4986 M L VA Proposal April 18, 2003 Hearn & Company 9 Brenneman Circle Mechanicsburg, PA 17055 Attn: Dave Keefer RE: Muncy Prison DGS Project # 574-26 Dear Dave: This is to confine our price of $14,962,00 to install 7000-psi non-shrink grout under the precast cell units at the new Muncy Prison addition. Job to be performed in accordance with all General Conditions with the contract and specifications and drawings by the Commonwealth of Pennsylvania Department of General Services. We will be supplying union labor that will have all necessary clearances, including drug testing. We will need clear access to the site along with water and electricity. Prior to the start, we must inspect and record any damaged or stained precast cell units or cell floors. Our price is based on completing the exterior joint at the second floor from the Caretti's scaffolding. Payment should be made within 30 days of billing with no retainage held. WE PROPOSE to furnish labor and material - complete in accordance with above specifications, and subject to conditions found within this agreement, for the sum of: Fourteen thousand nine hundred and sixty two dollars and no cents ($14.962.00) Payment to be made as follows: within 30 days of billing with no retainage held ACCEPTED. The above prices, specifications, and conditions Respectfully submitted are satisfactory and are hereby accepted. You are authorized to do the work as specified Payment will be made as outlined JOHN E KEENER, ING above. Date of Acceptance: - BY: I rOC(S[ i)" 7 ' BY: Note: This proposal may be withdrawn by us if not accepted BY: within a n _ days. Exhibit A Please sign and return one co to oir office. Keep one copyfo_ r your records. QUALITY MASONRY SINCE tr366 llzzzl? 4 i? P d` v c c? ^3 C- f C- C; -1 j N -c r ( 0 (R? c1 a -rF --1 T T }C-1Qr3? J ?_t ,-ern LAW OFFICES OF SCOTT L. FELDX BY: Scott L. Feldman, EI.D. No• 68805 squire Mechanics Street Doylestown, PA 18901 (215) 230-8800 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN KEENER, INC. CIVIL ACTION CIVIL ACTION NO. 04-3691 Plaintiff V. ATTORNEY I.D. # 68805 . DONALD HEARN Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Hearn,?li?lthe above-my appearance on behalf abo captioned matter. Of defendant, Donald Z. Scott L. Feldman, Esquire Attorney for Defendant N ?; °o Q r ,? c1? 'G -r, ? ``' m? f v " ? C? Q ? ? `?'C( ?. ?.. f r 1 K,i `1L) .'?' ?. LAW OFFICES OF SCOTT L. FELDMAN BY: Scott L. Feldman, Esquire I.D. No. 68805 103 Mechanics Street Doylestown, PA 18901 (215) 230-8800 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JOHN KEENER, INC. CIVIL ACTION N0. 04-3691 Plaintiff ATTORNEY I.D. # 68805 V. DONALD HEARN Defendant DEFENDANT LAINTIFF' S Do+DTHEARN' S? Defendant Es uire Donald Hearn, by his attorney, L. hereby files the following Answer to la mScott iff' with New Matter • Feldman , and avers as follows: s complaint 1. Defendant is without knowledge or information suffici to form a belief as to the truth of the allegations of paragraph ent 2. Denied. It is speci 1. fically denied that Donald an adult individual doing business as Hearn and Company. Hearn is 3. Admitted that the document in Part, denied in part. It and as such attached to Plaintiff' is admitted only are speaks for itself. The remaiComplaint is a writing Paragraph pecificall i g averments y denied and strict proof Of this 4. Admitted demanded. that Plaintiff furnished labor and It is admitted only of this paragraph are material. The proof demanded. specificall, remaining Plaintiff fails toBy way of further t denied and strict the work answer andermtoi the contrary, define "" , averment. By way of still further as this is specificall gs used in this y denied that an answer and to the contrary -labo the request or for the benefity of Defend nterjal was e ti furnished at part 5. Denied. It is specifically denied that Defendant y to any contract with Plaintiff, that is a Plaintiff has demanded Payment from Defendant, or that said amount Esmi' is due and owing. Court dismiss plaintiff s Defendant, Donald Hearn, respectfully requests this judgment in its favor 's and Complaint or, in the attorney s fees against alternative, enter costs and interest. P-aintiffI together with Newer- 6• Defendant incor set forth herein. porates paragraphs 1 through 5 as if fully direct?•ed to "Exhibit "A„ to Plaintiff's Hearn & Company", Complaint is a Proposal" 8. "Hearn & Co.,, is a of Mechanic g, PA. the PennsY or fictitious name corporate entita Department of State dul Y, not and is owned by a domegia dom with Plaintiff's Complaint. identified in or otherwise estic made a part of 9. No contract Defendant. was ever formed between Plaintiff and 10. Plaintiff's Complaint fails to Defendant upon which relief can be grant state a claim against ed. 11. Plaintiff's claims are barred Estoppel. by the Doctrine of 12. Plaintiff's claims are barred b 13. Plaintiff' Y the Doctrine of Waiver. hands. s claims are barred by tYce doctrine of unclean Respec fully submitted, Scott L Feldman, Attorne Esg Y for Defendant, t, Donald Hearn LAW OFFICES OF SCOTT L. FELDMAN BY: Scott L. Feldman, Esquire I.D. No. 68805 103 Mechanics Street Doylestown, PA 18901 (215) 230-8800 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JOHN KEENER, INC. CIVII, ACTION NO. 04-3691 Plaintiff ATTORNEY I.D. # 68805 V. DONALD HEARN Defendant VERIFICATION Scott L. Feldman, Esquire hereby states that he is an attorney duly authorized to practice in the Courts of the Commonwealth of Pennsylvania; that he is attorney for Defendant, and that as such he is authorized to take this Verification on his client's behalf; and that the statements made in the foregoing Answer are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: B I pq ?? LAW OFFICES OF SCOTT L. FELDMAN BY: Scott L. Feldman, Esquire Attorney for Defendant I.D. No. 68805 103 Mechanics Street Doylestown, PA 18901 (215) 230-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JOHN KEENER, INC. CIVIL ACTION NO. 04-3691 Plaintiff ATTORNEY I.D. # 68805 V. DONALD HEARN Defendant CERTIFICATE OF SERVICE I hereby certify that on Tuesday, August 31, 2004, I caused a true and correct copy of the foregoing document (Answer with New Matter) to be served on counsel for Plaintiff by first class mail, postage prepaid, addressed as follows: John M. Eakin, Esquire Market Square Bldg. Main and Market Streets Mechanicsburg, PA 17055 BY:? S t L- Feldman, Esquire Attorney for Defendant C_? o Q ,-' -n r .._ -.- U! 'lam V:;y D w b- ? -TI -+ t. • ' rn $- ?Mi Clh SHERIFF'S RETURN - REGULAR CASE NO: 2004-03691 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHN KEENER INC VS HEARN DONALD CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEARN DONALD the DEFENDANT , at 1120:00 HOURS, on the 11th day of August 2004 at 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17055 by handing to LORI WAGNER, OFFICE MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 6.66 Affidavit .00 Surcharge 10.00 .00 34.66 Sworn and Subscribed to before me this day of a0Oq A. D. (C 7h?e2?, othonotary So Answers: R. Thomas Kline 08/12/2004 JOHN EAKIN By: Deputy Sheriff JOHN KEENER, INC. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW DONALD HEARN DEFENDANT NO. 04-3691 REPLY Plaintiff replies to defendant's NEW MATTER as follows: 6.) Paragraph of incorporation. 7.) Exhibit A to plaintiffs complaint speaks for itself. 8.) After reasonable investigation plaintiff is without sufficient knowledge to determine the truth of the averment and proof is demanded. 9.) The averments of this paragraph are conclusions of law which require no responsive pleading. 10.) The averments of this paragraph are conclusions of law which require no responsive pleading. 11.) The averments of this paragraph are conclusions of law which require no responsive pleading. 12.) The averments of this paragraph are conclusions of law which require no responsive pleading. 13.) The averments of this paragraph are conclusions of law which require no responsive pleading. WHEREFORE, plaintiff demands judgment of defendant. September, 1/ 2004 o i M. Eakin arket Square Building Mechanicsburg, PA 17055 (717) 766-3172 ID # 06351 JOHN KEENER, INC. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : OF CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW DONALD HEARN DEFENDANT : NO. 04-3691 VERIFICATION I, Paul A. Keener, Jr., Vice President of John Keener Inc., hereby verify that the statements of fact made in the foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Paul A. Keener JOHN KEENER, INC. PLAINTIFF V. DONALD HEARN : IN THE COURT OF COMMON PLEAS OF : OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 04-3691 CERTIFICATE OF SERVICE I, John M. Eakin certify that on September 21, 2004 I served a true and correct copy of the attached Reply upon the following by depositing the same in the U. S. Mail, First Class, postage paid, certified mail, return receipt requested at Mechanicsburg, Pennsylvania, addressed to the following: Donald Hearn Hearn & Company 9 Brenneman Circle Mechanicsburg, PA 17055 September2? 2004 John Markq?quare Building Mechanicsburg, PA 17055 (717) 466-3172 ID 06352 DEFENDANT -11 C w o° 0 - 7-r.7 r r r*a T7 - I : V ?, N ni p rr! 7 C` O C+ ? '-n ?ff7 -r Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 641-3191 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573