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Home My WebLink About11-6212SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??4tt?1r oP ?aanpprf??f? .5 FFt ? . ? -?RIFF n lLFD 011 UG 11 PIS 3 PENNSYLVAHIA, McNichols Co. I vs. Waggoner Fabrication & Millwright, LLC (et al.) Case Number 2011-6212 SHERIFF'S RETURN OF SERVICE 08/10/2011 03:03 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on Augusi 10, 2011 at 1503 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Waggoner Fabrication & Millwright, LLC, by making known unto Matt Grim, Manager of Waggoner Fabrication & Millwng t, CC at4UWoodcraft Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. - ez STEPHEN BENDER, DEPUTY 08/10/2011 03:03 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on Augusi 10, 2011 at 1503 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Byron Waggoner Construction, Inc., by making known unto Matt Grim, Manager of Byron Waggoner Cons ruction, Inc. at 40 Woodcraft Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $51.00 August 11, 2011 is Coun?YSuite Shenft, Te.ecsoft Inc STEP ENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF L C' 91.L -?= P OTHONOTAR" c I I SEP - 7 A- H IO: 2 E5 CUMBERLAND COUNT`! PENNSYLVANIA TN "THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA McNICHOLS CO., V. Plaintiff WAGGONER FABRICATION & MILLWRIGHT, LLC and BYRON WAGGONER CONSTRUCTION, INC., Defendants No. 11-6212 Civil Term Civil Action To: McNichols Co. c/o Robert E. Cherwony, Esq. You are hereby notified to file a written response to enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BARLEY SNYDER By: Paul V nich 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA McNICHOLS CO., V. Plaintiff WAGGONER FABRICATION & MILLWRIGHT, LLC and BYRON WAGGONER CONSTRUCTION, INC., Defendants No. 11-6212 Civil Term Civil Action ANSWER AND NEW MATTER Defendants, Waggoner Fabrication & Millwright, LLC and Byron Waggoner Construction, Inc., by and through their undersigned attorneys, file the following Answer with New Matter to Plaintiff's Complaint: 1. Denied as a conclusion of law. 2. Denied as a conclusion of law. 3. Denied as a conclusion of law. 4. Denied as a conclusion of law. 5. Denied as a conclusion of law. WHEREFORE, Defendants demand judgment in their favor. 1 NEW MATTER 6. Defendants incorporate by reference paragraphs 1 through 5 above. 7. Plaintiff has failed to establish a basis for a claim against Byron Waggoner Construction, Inc., and said Defendant must be dismissed from this action. 8. Plaintiff has failed to establish a basis upon which it is entitled to interest of $1,110.81, and the claim for interest must be stricken. 9. Plaintiff has failed to establish a basis upon which it is entitled to attorney's fees of $12,585.53, and the claim for attorney's fees must be stricken 10. Plaintiff's claim for attorneys fees of $12,585.53 is excessive and therefore contrary to Pennsylvania statute and case law. 11. Plaintiff's Complaint fails to conform to Cumberland County Rules of Procedure. WHEREFORE, Defendants demand judgment in their favor. BARLEY SNYDER L By: Paul W. Minni 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Defendants 2 VERIFICATION Paul W. Minnich, Esquire, verifies that he is attorney for Defendants, Waggoner Fabrication & Millwright, LLC and Byron Waggoner Construction, Inc., that he is authorized to represent Defendants in this action, that he has acquired the facts supporting the within Answer and New Matter, in his capacity as attorney for Defendants, that time is of the essence in filing this Answer and New Matter, and that the facts set forth in the within Answer and New Matter are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: August 31, 2011 Paul W. Mi ich, Esquire CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing Answer and New Matter is being served by first class mail, postage prepaid at York, Pennsylvania, addressed as follows: Robert E. Cherwony, Esq. 1311 Spruce Street Philadelphia, PA 19107 BARLEY SNYDER LLC By: _'_? -??7 tle?_ aul i ich 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Defendants Date: August, 2011 t? McNICHOLS CO., V. Plaintiff WAGGONER FABRICATION & MILLWRIGHT, LLC and BYRON WAGGONER CONSTRUCTION, INC., Defendants IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Cl) : PENNSYLVANIA rn M • Z NO. 11-6212 CIVIL ACTION-LAW ? G D? PRAECIPE FOR ENTRY OF APPEARANCE -< To the Prothonotary: C_' n -urn :?oQ z -n -4M lag 0 "0 M. w N w Please enter my appearance as co-counsel on behalf of the Plaintiff, McNichols Co., in the above- captioned matter. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below. Respectfully submitted, Dated: November 4, 2011 Timothy L. Cze j, Esquire PA ID No. 210165 Attorney for Plaintiff CZEKAJ LAW OFFICE 315 N. Front Street Harrisburg, PA 17101 (717) 236-9377 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Entry of Appearance was served on this day by electronic mail, addressed to: Robert E. Cherwony, Esquire kraft@andkraft.com Paul W. Minnich, Esquire pminnich@barley.com Dated: November 4, 2011 ./ J Timothy L. Czekaj, Esquire PA ID No. 210165 Attorney for Plaintiff CZEKAJ LAW OFFICE 315 N. Front Street Harrisburg, PA 17101 (717) 236-9377 Fax: (717) 236-9316 E-Mail: tczekaj@czekajlaw.com McNICHOLS CO., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WAGGONER FABRICATION & MILLWRIGHT, LLC AND BYRON WAGGONER CONSTRUCTION, INC., DEFENDANTS 11-6212 CIVIL TERM ORDER OF COURT AND NOW, this % Z day of November, 2011, the court having been assigned this non-jury trial by the Court Administrator, IT IS HEREBY ORDERED AND DIRECTED AS FOLLOWS: 1. All pre-trial motions in limine shall be filed by Friday, January 6, 2012. 2. Argument on any motions and a settlement conference will be held on Friday, January 13, 2012, at 3:30 p.m. 3. Trial shall commence at 1:30 p.m. on Thursday, February 2, 2012, in Courtroom Number 1. By the Court, ,/ Robert E. Cherwony, Esquire 1311 Spruce Street Philadelphia, PA 19107 r For Plaintiff Paul W. Minnich, Esquire 100 East Market Street PO Box 15012 York, PA 17405-7012 For Defendants Court Administrator - ?n bile i z Albert H. Maslan , J. ??ieped =M r..a C., o cz -L :saa