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Home My WebLink About13-4994 ' $upY eme Court of Pennsylvania Courf I of,common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: ? Cumberland" County 13 A�� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S [E Complaint ❑ Writ of Summons ❑ Petition Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Robert E. Huggler and Matthew D. Huggler Kathy Hughes, Executrix of the Estate of Rena Burk T I Are money damages requested? Fx1 Yes El No Dollar Amount Requested: Swithin arbitration limits (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes 1 No Is this an MDJAppeal? ❑ Yes [H] No A Name of Plaintiff/Appellant's Attorney: Gregory R. Reed, Esquire Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle Q Debt Collection: Other ❑ Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) ❑Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination C El Other: ❑Employment Dispute: Other El Zoning Board T ❑ Other: I ❑ Other: O MASS TORT Asbestos N Tobacco Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: ❑Ejectment [3 Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent Mandamus ❑ Landlord /Tenant Dispute Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto Dental ❑ Partition ❑ Replevin Legal ❑ Quiet Title ❑ Other: Medical ❑ Other: Other Professional: Updated 1/1/2011 ROBERT E. HUGGLER and IN THE COURT OF COMMON PLEAS MATTHEW D. HUGGLER, t/d /b /a OF CUMBERLAND COUNTY, HUGGLER & SON MASONRY, PENNSYLVANIA Plaintiff _ V. �a.• c KATHY HUGHES, Executrix of the Estate of CIVIL ACTION — LAW „c"�n w, RENA BURK, deceased, <v Defendant ip:= NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MidPenn Legal Services 32 S. Bedford Street Carlisle, PA 17013 (800) 990 -9108 O & -,4 �o � P g- ,90 SCI y 7y AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DO CIAS QUE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SO OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. MidPenn Legal Services 32 S. Bedford Street Carlisle, PA 17013 (800) 990 -9108 Date: Gregory R. eed, Esquire Attorney for Plaintiffs 3120 Parkview Lane Harrisburg, PA 17111 (717) 238 -0434 Attorney I.D. #23705 Gregory R. Reed, Esquire 31.20 Parkview Lane Harrisburg, PA 171.11 (717) 238 -0434 lawoffice@reedpalaw.com ROBERT E. HUGGLER and IN THE COURT OF COMMON PLEAS MATTHEW D. HUGGLER, t /d /b /a P E N NSY LV ANIA CLIM RLAND COUNTY, HUGGLER & SON MASONRY, Plaintiff V. NO. KATHY HUGHES, Executrix of the Estate of CIVIL ACTION — LAW RENA BURK, deceased, Defendant COMPLAINT NOW COMES ROBERT E. HUGGLER and MATTHEW D. HUGGLER, t /d /b /a HUGGLER & SON MASONRY, by and through their attorney, Gregory R. Reed, Esquire, and files the following Complaint: COUNT Breach of Contract 1. Plaintiffs are ROBERT E. HUGGLER and MATTHEW D. HUGGLER, t /d /b /a and HUGGLER & SON MASONRY, a partnership (hereinafter referred to as "Plaintiffs "), with its principal office located at 223 South Third Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant is KATHY HUGHES, Executrix of the Estate of Rena Burk, deceased, who resides at 70 �J('se bill 164 61 f400ft' .p/¢ � 370 (hereinafter referred to as "Defendant "). 3. In November of 2012 Ernie Bolton was the duly appointed agent for RENA BURK. 4. As agent for Rena Burk, Ernie Bolton requested and authorized Plaintiffs to remove a retaining wall and build a new retaining wall on real estate owned by Rena Burk, said real estate located at 2704 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania. 5. Ernie Bolton, in his capacity as the agent of Rena Burk, agreed to pay Plaintiffs their established rate for labor and materials. 6. The aforesaid work was completed by Plaintiffs on a timely basis. 7. All work was completed in a workmanlike manner. 8. Rena Burk died and Defendant was appointed the Executrix of the Estate of Rena Burk. 9. To date Defendant has failed to pay to Plaintiffs the sum of Eight Hundred and 00 /100 Dollars ($800.00) for labor and materials and related costs. 10. Despite Plaintiffs' reasonable demands Defendant has failed to pay the balance due and owing Plaintiffs. WHEREFORE, Plaintiffs demand that judgment be entered against the Defendant in the amount of Eight Hundred and 00 /100 Dollars ($800.00) plus interest and costs. The amount demanded does not exceed the jurisdictional amount requiring compulsory arbitration for Cumberland County, Pennsylvania. COUNT I1 Quantum Meruit 11. Paragraphs 1 through 10 inclusive hereof are incorporated herein by reference as though fully set forth herein. 12. Rena Burk and her estate benefited from Plaintiffs' labor, skill and materials, so that it substantially increased the value of the aforesaid real estate. WHEREFORE, Plaintiffs demand that judgment be entered against the Defendant in the amount of Eight Hundred and 00 /100 Dollars ($800.00) plus interest and costs. The amount demanded does not exceed the jurisdictional amount requiring compulsory arbitration for Cumberland County, Pennsylvania. Date: -- I l3 Gre4yR. eed, Esquire Attorney for Plaintiffs 3120 Parkview Lane Harrisburg, PA 17111 (717) 238 -0434 Attorney I.D. No. 23705 VERIFICATION We, ROBERT E. HUGGLER and MATTHEW D. HUGGLER, t/d /b /a HUGGLER & SON MASONRY, hereby verify that the statements made in the foregoing COMPLAINT are true te and correct to the best of our knowledge, information, and belief. We understand th t g to statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, unsworn falsification to authorities. Date: R BERT E. HUGG R Date: v MATTHEW D ER D. GGL Ronny R Anderson SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheriff Jody S Smith �,t��4 r {f Chief Deputy �-'0rl U °r=i 'i Richard W Stewart 20 13 OCT --3 Fr` : Solicitor �+ ��yy �yy 0MCEOFTi�Ec-f�EF;iiF C'MBERLANU PENNSYLVANIA Robert E Huggler(et al.) vs. Kathy Hughes Case Number 2013-4994 SHERIFF'S RETURN OF SERVICE 09/09/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and for the within named Defendant to wit: Kathy Hughes, but was unable to locate the Defendant Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within inquiry in the Complaint& Notice according to law. 09/13/2013 07:05 PM-The requested Complaint&Notice served by the Sheriff of York County upon Kathy Hu personally, at 740 Kise Mill Road, York Haven, PA 17370. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $41.46 SO ANSWERS, September 27, 2013 ..-"--mot. 4R RONANDERSON, SHERIFF (c)COUNYSuite Sheriff,Teleosofi.InC. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff PETER J. MANGAN, ESQ. Solicitor Reuben B Zeager •^� Chief Deputy, Operations Richard E Rice, II Chief Deputy,Administration ROBERT E. HUGGLER vs. KATHY HUGHES, EXECUTRIX OF THE ESTATE OF RENA BURK, DECEASED Case Number 13-4994 CIVIL SHERIFF'S RETURN OF SERVICE 09/13/2013 07:05 PM-DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT& NOTICE BY"PERSONALLY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: KATHY HUGHES, EXECUTRIX OF THE ESTATE OF RENA BURK, DECEASED AT 740 KISE MILL ROAD, YORK HAVEN, PA 17370. TAYLO�K, D4UTY SHERIFF COST: $38.26 SO S September 25, 2013 RICHA D P KEU LE ER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial seal Sheila E.Copk,Notary Public City of York,York County My COMMISSlon& Ires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES --------------------- --------------------------- - - ------ --- -- ----- Affirmed and subscribed to before me this NOTARY 25TH day of SEPTEMBER 2013 (c)CountySuite Sheriff,.Teleosoft,Inc. Craig A.Diehl,Esquire, CPA I.D.No. 52801 LAW OFFICES OF CRAIG A.DIEHL 3464 Trindle Road Camp Hill,PA 17011 Attorney for Defendant ROBERT E. HUGGLER, and : IN THE COURT OF COMMON PLEAS OF MATTHEW D. HUGGLER, t/d/b/a : CUMBERLAND COUNTY, PNNSYLVANIA HUGGLER& SON MASONRY Plaintiff • v. : NO. 2013-CV-4994 rti t :n r-- ---- KATHY HUGHES, Executrix • r of the Estate of RENA BURK, deceased, : CIVIL ACTION—LAW RENA BURK, deceased y4 Defendant • DEFENDANT'S ANSWER TO COMPLAINT AND NOW COMES Defendant, Kathy Hughes, by and through the undersigned counsel, answering the Complaint as follows: Count I—Breach of Contract 1. Admitted. 2. Admitted. 3. Denied. Ernie Bolton had power of attorney of Rena Burk beginning in February 2011. 4. Admitted in part, Denied in remainder. It is admitted that Rena Burk owned real estate located at 2704 Lisburn Road, Mechanicsburg, PA. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to whether Ernie Bolton remained Rena Burke's agent during the period he allegedly requested Plaintiff to remove and build a retaining wall at the above property, and strict proof is demanded at trial. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 7. Denied. The work performed is shoddy and was not done in a workmanlike manner. 8. Admitted. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 10. Denied. Rena Burk passed away on June 1, 2013. Defendant's counsel recently began processing her estate and gathering all of her personal and financial information. As such, counsel has not had the opportunity to fully review Ms. Burk's financial records, nor the specific claim put forth by the Plaintiff in this action. As such, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment at this time. WHEREFORE, Defendant respectfully requests judgment be entered in its favor and against Plaintiff and for such other relief this Court deems just and reasonable. Count II—Quantum Meruit 11. No responsive pleading required. 12. Denied. The averment contains a conclusion of law. WHEREFORE, Defendant respectfully requests judgment be entered in its favor and against Plaintiff and for such other relief this Court deems just and reasonable. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: p By: AZ Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Defendant VERIFICATION I, CRAIG A. DIEHL, ESQUIRE, CPA, Attorney for Defendant, Kathy Hughes, Executrix of the Estate of Rena Burk, is authorized to make this Verification on Defendant's behalf, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: /F/t/(// 0,..41 a rti��CRAIG IEHL, ESQUIRE, CPA CERTIFICATE OF SERVICE AND NOW, the / day of October, 2013, the undersigned hereby certifies that a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Complaint was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 Counsel for Plaintiff Q / De A. Fike, Legal Secretary ti r ". Craig A.Diehl,Esquire,CPA " I Hl� P� iTft)1 tt,;. I.D.No. 52801 2 ( � 2: LAW OFFICES OF CRAIG A.DIEHL 3464 Trindle Road CUMBERLAND COUN ' ' Camp Hill,PA 17011 PENNS`►LVAI �A Attorney for Defendant ROBERT E. HUGGLER, and •• IN THE COURT OF COMMON PLEAS OF MATTHEW D. HUGGLER, t/d/b/a • CUMBERLAND COUNTY, PNNSYLVANIA HUGGLER& SON MASONRY Plaintiff • • v. •• NO. 2013-CV-4994 KATHY HUGHES, Executrix • of the Estate of RENA BURK, deceased, : CIVIL ACTION—LAW RENA BURK, deceased Defendant • PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Kathy Hughes, Executrix of the Estate of Rena Burk, deceased, in the above-captioned action. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: _L4/11/3___ By: 44,2 Z6 Craig A. iehl, Esquire Attorney I.D.No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-8293 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, the 10th day of October, 2013, the undersigned hereby certifies that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon the opposing party by way of United States first class mail,postage prepaid, addressed as follows: Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 Deb . A. Fike, Legal Secretary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT E.HUGGLER and : IN THE COURT OF COMMON PLEAS MATTHEW D. HUGGLER,t/d/b/a : OF CUMBERLAND COUNTY, HUGGLER& SON MASONRY, : PENNSYLVANIA Plaintiff • • rz=� = rn - v. : NO. 13-4994 Cr>4 r = KATHY HUGHES, Executrix of the Estate of : CIVIL ACTION—LAW r,_:� RENA BURK, deceased, : D>c. Defendant THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE,THE JUDGES OF SAID COURT: Gregory R. Reed, counsel for the plaintiff/defendant in the above action(or actions),respectfully represents that: I �7,2) 1. The above-captioned action (or actions) is (are) at issue. C / �/ 2. The claim of plaintiff in the action is $800.00 plus costs. p# --02Q ! 3 / The counterclaim of the defendant in the action is NONE. The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators:NONE OTHER THAN COUNSEL OF RECORD WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, �I� pc: Craig A. Diehl, Esq. ,� i Gregory R. Reed ORDER OF COURT AND NOW, , 2013, in consideration of the foregoing petition, Esq., and Esq.,and Esq., are appointed arbitrators in the above captioned action(or actions) as prayed for. By the Court, KEVIN A.HESS,P.J. • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ROBERT E.HUGGLER and : IN THE COURT OF COMMON PLEAS MATTHEW D.HUGGLER,t/d/bla : OF CUMBERLAND COUNTY, HUGGLER&SON MASONRY, : PENNSYLVANIA Plaintiff v. : NO. 13-4994 --.4 m 7 KATHY HUGHES,Executrix of the Estate of : CIVIL ACTION—LAW " RENA BURK, deceased, i= Defendant 6 N..; • c� THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE,THE JUDGES OF SAID COURT: Gregory R. Reed, counsel for the plaintiff/defendant in the above action(or actions),respectfully represents that: r�� 1. The above-captioned action (or actions) is (are) at issue. e 2. The claim of plaintiff in the action is $800.00 plus costs. /G�—�/L92g ric3 / The counterclaim of the defendant in the action is NONE. U_ The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators:NONE OTHER THAN COUNSEL OF RECORD WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to TT whom the case shall be submitted. - -- — TT- .._. rte c`) Respectfully submitted, CI) pc: Craig A. Diehl, Esq._ �� -�!�.�r � f 9 �' Gregory R. Reed .. ORDER OF COURT AND NOW, ftt, jZ , 2013, in consideration of the foregoing / petition, /C4/47,tel... )d/i i. ) Esq., and Esq.,and zr e ,2ZidjyyLa_)______ Esq., are appointed arbitrators in the above captioned action(or actions) as prayed for. L �� £. ��r By the Court, Cry,? A . �J`e�f� _ 4 KEVIN A. S,P.J. ;es mu.lea' �d/.).-/i3 ROBERT E. HUGGLER and IN THE COURT OF COMMON PLEAS OF MATTHEW HUGGLER, T/D/B/A CUMBERLAND COUNTY, PENNSYLVANIA HUGGLER& SON MASONRY, Plaintiffs VS. CIVIL ACTION—LAW NO. 13-4994 CIVIL KATHY HUGHES, Executrix of the : Estate of Rena Burk, Deceased, Defendant ORDER AND NOW, this ` day of December, 2013, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Kathleen Shaulis, Esquire, Chairman, shall be paid the sum of$50.00. BY THE COURT, '/' 14"��l Kevin . Hess, P. J. /Kathleen Shaulis, Esquire Court Administrator Gregory R.Reed,Esquire "- t ttl TfQ 3120 Parkview Lane TAn, + Harrisburg,PA 17111 Z113 DEC 3p PM zi (717)238-0434 �� $ lawofficegreedpalaw.com ERL.A p C(Jt11V� �, ' fVS YLVANI A ROBERT E. HUGGLER and IN THE COURT OF COMMON PLEAS MATTHEW D. HUGGLER,t/d/b/a OF CUMBERLAND COUNTY, HUGGLER& SON MASONRY, PENNSYLVANIA Plaintiff V. NO. 0013 — q R �q KATHY HUGHES, Executrix of the Estate of CIVIL ACTION—LAW RENA BURK, deceased, Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned case settled, satisfied and discontinued. r Date: /17/3 Gr gory R. Ree squire Attorney for Pl ' ifs 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney I.D. No. 23705 pc: Craig A. Diehl, Esquire