Loading...
HomeMy WebLinkAbout06-4330THOMAS WILLIAMS and IN THE COURT OF COMMON PLEAS MAUREEN E. ROYER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - EQUITY DAVID T. HILSINGER, and LAURIE HILSINGER NO. 0(a- y330 atv,l }dw Defendants : 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en las siguientes pbginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en Is Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en Is demands o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado an contra suya por Is Corte sin m3s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED 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, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 THOMAS WILLIAMS and IN THE COURT OF COMMON PLEAS MAUREEN E. ROYER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - EQUITY DAVID T. HILSINGER, and NO. 6b-q330 o jl 1 +crm, LAURIE HILSINGER Defendants COMPLAINT AND NOW, come Plaintiffs, by their undersigned counsel, and respectfully make this Complaint in equity, setting forth in support thereof as follows: 1. Plaintiffs, Thomas Williams and Maureen E. Royer, are adult individuals residing together at 907 Thornton Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendants, David T. Hilsinger, and Laurie Hilsinger, are adult individuals, husband and wife, with a residence 133 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiffs are owners of the residence at 907 Thornton Drive, Mechanicsburg, Pennsylvania. 4. Defendant David Hilsinger holds himself out as a home remodeling contractor. 5. Plaintiff believes and therefore avers that both Defendants contribute to the home remodeling contractor business. November 20, 2004. A copy of said letter is attached hereto as Exhibit B and incorporated by reference herein. 11. As a result of using the funds paid by Plaintiffs for personal items, and allowing said funds to be so used, Defendant David Hilsinger was unable to purchase the supplies and fixtures, materials, outside labor, equipment and the like, to complete the remodeling job, As a result. Defendant David Hilsinger quit working, and left it to Plaintiffs to find another contractor to finish the job. 12. Defendants failed to use the $12,750 advance for materials, as he agreed to under the terms of the contract. Defendant has converted at least $10,000.00 of that money to his own use. 13. Plaintiffs have no adequate remedy at law. COUNTI 14. Paragraphs 1 through 13 above are incorporated herein by reference herein. 15. As a result of the breach of the agreement, as set forth more particularly above, Defendants have been unjustly enriched, and it would be unconscionable for Defendants to keep those monies diverted to Defendants' personal use. WHEREFORE Plaintiffs respectfully request judgment against Defendant in the amount in excess of $10,000, together with interest and costs of suit. COUNT II 16. Paragraphs 1 through 15 above are incorporated herein by reference herein. 3 6. On or about September 8, 2004, Plaintiffs and Defendant David Hilsinger signed an agreement whereby Defendant would do remodeling of Plaintiffs' kitchen, including demolition and removal, installation of new flooring, a new window, cabinets, sink and countertop, together with painting and finishing among other items. This was done pursuant to the written agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. 7. Among the terms and conditions of the agreement was that Plaintiffs were to pay the sum of $12,750.00 specifically "for the purchase of products". Plaintiffs paid that sum to Defendant David Hilsinger by their personal check #1499, receipt of which was acknowledged by Defendant on September 9, 2004. A further sum of $4,000 was given on or about September 22, 2004. A third payment of $4,000 was given on October 14, 2004. 8. The aforesaid funds were not put into a separate account for the monies to be held in trust or segregated from other personal monies, but rather were put into a personal bank account which Defendants drew on in significant part to pay for personal expenses and living expenses, instead of spending the monies on the purchase of products, as called for in the aforesaid written agreement. 9. Plaintiffs believe and therefore aver that Defendant Laurie Hilsinger benefited from the monies used by Defendant David Hilsinger to pay for personal expenses and living expenses. 10. Defendant David Hilsinger failed to proceed with the job with due diligence, and has in fact quit working on the job and notified Plaintiffs by letter that they will have to get somebody else to finish the job. The letter was received by Plaintiffs on 2 17. Defendants have failed to account for the disposition of any of the $12,750 given to them by Plaintiffs specifically for the purchase of materials for the kitchen- remodeling job. WHEREFORE, Plaintiffs respectfully request that this Honorable Court order an accounting, together with interest and costs of suit. Date K neth A. Wise, Esquire Attorney I.D. No. 16142 Graybill & Wise, P.C. 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Plaintiffs 4 VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: -7125 /tob Date: -7 " S?- Thomas Williams, Plaintiff ?.-. r,i Tb - C.i ? R ? ?, '= U ? ?_? ?` O ? `'1 _ .? ? p t, --- ? ? ?; R, t r n ,t 1. M SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendant THOMAS WILLIAMS and IN THE COURT OF COMMON PLEAS MAUREEN E. ROYER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -EQUITY V. DAVID T. HILSINGER and NO. 06-433DCIVIL TERM LAURIE HILSINGER Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPERANCE TO: THE PROTHONTARY Please enter the appearance of Charles E. Schmidt, Jr., Esquire, of Schmidt Kramer PC, on behalf of the Defendants, David T. Hilsinger and Laurie Hilsinger. Respectfully submitted, PC By: ? , ' . 1 Charles E. Schmidt, Jf., Esquire Attorney 1. D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendants Date: September 12, 2006 ... -*** CERTIFICATE OF SERVICE AND NOW, I, Charles E. Schmidt, Jr., hereby certify that I have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Kenneth A. Wise, Esquire Graybill & Wise, P.C. 126 Locust Street Harrisburg, PA 17101 By: ,7RATER PC R l Charles E. Schmidt, Jr., Esquire Attorney I.D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendants Date: September 12, 2006 '? r' f , ? s ,,?? _1 r,_ .? - '_ ?..'_.. .. _, .. „_ ?? f ? SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE 1. D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs THOMAS WILLIAMS and MAUREEN E. ROYER, Plaintiffs V. DAVID T. HILSINGER and LAURIE HILSINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 06-4330CIVIL TERM JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS, DAVID T. HILSINGER AND LAURIE HILSINGER TO PLAINTIFFS' COMPLAINT AND NOW, come the Defendants, David T. Hilsinger and Laurie Hilsinger, their attorneys, Schmidt Kramer PC, who set forth the following Preliminary Objections: 1. The underlying transaction is based upon a written contract. (See Exhibit "A"). F 2. As a matter of law, there can be no claim for unjust enrichment where there is a written contract. See Wilson Area School District v. Skepton, 895 A.2d 1250 (Pa. 2006). 3. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. WHEREFORE, Defendants request that this Honorable Court dismiss the Complaint in this action. Respectfully submitted, PC By:? A Charles E. Schmidt, Jr., Esquire Attorney I.D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendants Date: September 12, 2006 ? ,?t? t`?" ?- ?? MAUREEN ROYER/ TOM WILLIAMS SEPT 8, 2004 907 THORNTON DR. MECHANICSBURG, PA. 17055 MILLWORK AND REMODELING PROPOSAL; -KITCHEN RENOVATION TO INCLUDE REMOVAL OF OLD CABINETS AND INSTALLATION OF APPROVED CABINETRY FROM SWARTZ SUPPLY AS NOTED ON DRAWINGS SUPPLIED. ALL MOLDING ON CEILING AND BASEBD. AS NOTED. HARDWARE CHOICE OF CUSTOMER DOORS DRAWERS -PROVIDE AND INSTALL NEW FLOOR W/ NEW 1/4" SUB FLOOR- CUSTOMER CHOICE ,.,.•-- ARMSTRONG "SOLARIUM- RHYTHM- #92164. a -CORIAN TOP AS NOTED- 1 1/2" THICK ON FRONT EDGE WITH 4" BACK SPLASH,- NOTE CORIAN TO BE INSTALLED BEHIND STOVE AND UP TO MICROWAVE CABINET-, COLOR CHOICE OF CUSTOMER ALSO TO INCLUDE DOUBLE BOWL INTEGRATED SINK- FAUCET BY CUSTOMER INSTALLED BY CONTRACTOR- -INSTALL 7 RECESSED SPOTLIGHTS IN PLACES WHERE CUSTOMER WOULD LIKE THEM INSTALLED. INSTALL CUSTOMERS KITCHEN EQUIPMENT AS NOTED. CHECK OUT STATUS OF CURRENT WIRING AND REPAIR IN KITCHEN AREA - PATCH DRYWALL AND PAINT IN KITCHEN. REMOVE OLD BEAMS IN DINING AREA, PATCH AND PAINT. TWO COATS OF PAINT ON ALL WALL SURFACES. COLOR CHOICE OF _. CUSTOMER. REMOVE OLD WALL PAPER- PREP FOR PAINT- - INSTALL NEW WINDOW OVER SINK AREA APPROX 32" WIDE X 36" HIGH; SfIRot G Wf-FN" r (CURVED) CA5EJl%LtJT Vr 44'r - REMOVE ALL OLD DEBRIS FROM PREMISES. - INSTALL BEAD BD PLYWOOD WITH WATER RESISTANT SATIN LACQUER FINISH ABOVE 4" CORIAN SPLASH AND UP TO NEW CABINETS. COLOR CHOICE OF CUSTOMER } C? COSTS TO DO ALL THAT'S MENTIONED IS THE SUM OF $24,750.00 J ' CONTRACTS CALL FOR AN INITIAL PAYMENT OF $12,750. 00 DOLLARS FOR THE PURCHASE OF PRODUCTS. DATE DATE CONTRACT CALLS FOR SECOND PAYMENT WITH COMMENCEMENT OF REMOVAL OF ^ CABINETRY ALONG WITH THE BEGINNING OF THE REMODELING STAGE- $4,000.00 _ DATE CONTRACT CALLS FOR T141RD PAYMENT WITH COMPLETION OF PAINTING, FLOORING AND INSTALL OF WINDOW WITH ROOM BASICALLY READY FOR INSTALLATION OF CABINETS.- $4000.00 DATE WITH CABINETS AND CORIAN TOPS iNSTALLED AND ALL EQUIPMENT INSTALLED FINAL PAYMENT OF $4000.00 TO BE MADE WITH COMPLETION. AVID T. HI SI GER DATE R_kk"ATE g 4 4 n' l s?M ' `l O'(61• i-I N ? Wi 4r2Eve/ ' C.k5{M£/JT LT 4 t?- i 11 CERTIFICATE OF SERVICE AND NOW, I, Charles E. Schmidt, Jr., hereby certify that I have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Kenneth A. Wise, Esquire Graybill & Wise, P.C. 126 Locust Street Harrisburg, PA 17101 Charles E. Schmidt, Jr., Esquire Attorney 1. D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendants Date: September 12, 2006 Kenneth A. Wise, Esq. GRAYBILL & WISE, P.C. I.D. No. 16142 126 Locust St. P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: (717) 238-3838 Attorneys for Plaintiffs THOMAS WILLIAMS and MAUREEN E. ROYER, Plaintiffs V. DAVID T. HILSINGER, and LAURIE HILSINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- EQUITY NO. 06-4330CIVIL TERM RESPONSE OF PLAINTIFFS TO PRELIMINARY OBJECTIONS OF DEFENDANTS DAVID T. HILSINGERAND LAURIE HILSINGER TO PLAINTIFFS' COMPLAINT AND NOW come Plaintiffs, by their undersigned counsel, and respectfully reply to the Preliminary Objections of Defendants to Plaintiffs' Complaint as follows: 1. Admitted and Denied. Admitted that a written contract is involved. Denied that it is set forth in Defendants' Exhibit A, although it is similar. Denied that a contract is involved with respect to Defendant Laurie Hilsinger. 2. Admitted and Denied as follows: A. Admitted only that the general rule is that there is no unjust enrichment where there is a written contract. That general rule is not applicable in this case. In his concurrence in Wilson Area School District v. Skepton, 895 A.2d 1250 (Pa. 2006), Justice Saylor aptly points out that this is a general rule, not an inviolable rule. Further Denied that Wilson Area School District v. Ske ton, supra, is binding precedent, since there is no majority decision. B. The document identified by Defendants in Item 1 of their Preliminary Objections was not signed by Defendant Laurie Hilsinger; C. The exception to the unjust enrichment general rule described in A, above, does not apply since Plaintiffs have elected their right of rescission provided by the Pennsylvania Unfair Trade Practices and Consumer Protection Act. Sevast v. Kakouras, 841 A.2d 1062 (Pa.Super, 2003) D. Even were the contracts in question pertinent, the general rule described in A, above, does not apply. That rule only applies where the duty owed by the Defendant is founded only on contract and not under a duty owed outside of the contract. Two such duties apply to Defendants in this case. The first is a civil tort duty against conversion of funds. The second duty, imposed by criminal statute, involves failure to make proper disposition of funds. 3 For the reasons summarized in Paragraph 2, above, Plaintiffs' Complaint states a cause of action upon which relief can be granted. WHEREFORE, Plaintiffs respectfully requests that Defendants' Preliminary Objections be overruled. Dated: 101P /417 Kenneth A. Wise, Esquire Attorney I.D. No. 16142 Graybill & Wise, P.C. 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Plaintiffs CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached Plaintiffs' Response to Defendants' Preliminary Objections on the following individual(s) by First Class U.S. Mail addressed as follows: Charles E. Schmidt, Jr., Esquire Schmidt & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Date: s 0 Kenneth A. lie, Esquire I.D. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Plaintiffs c cl -t -r .f PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -- ----------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Thomas Williams and Maureen E. Royer, (Plaintiff) VS. David T. Hilsinger and Laurie Hilsinger, (Defendant) No. 06-4330 EQUITYTerm 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendants 2. Identify counsel who will argue cases: (a) for plaintiff: Kenneth A Wise, Esquire, Graybill & Wise, P.C., (Name and Address) 126 Locust Street, Harrisburg, PA 17101 (b) for defendant: Charles E Schmidt, Jr., Esquire. Schmidt Kramer PC, (Name and Address) 209 State Street, Harrisburg, PA 17101 3. I will notify all parties in writing within two days that this cj4e/?as been listed for argument. 4. Argument Court Date: { l December 6, 2006 I l r Signature Charles E. Schmidt, Jr. Print your name C 31 Defendants Attorney for Date: aca, r-a f yy? ?-y33o0?if? PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) October 27, 2006 COPY OF NOTICE OF PUBLICATION Rd THE CAURT QF PLEA$ CUAAtrEpU? MTTY CIVIL ACT" !LAW ACTION OF MORTGAGE F"ECLOSURE IT No ACT .rtcosv+ 1 OC?!r?iM??1p?dC1 [1Qxl?/A F?a$T r x ION HOME EQUITY BANK, N.A. Plak" OWW OR, DEFENDANT Whips 41 !Nlwluft ATYW TN Wt TO CO(AfaA, t RCMI,Y©U E r"AWITE, ,hkJt?i lllf tlad a .your prdp rl" iiM ns sat [ k+ the IF YOU DC NOT WOI? A k7Etp ONE, %30 TO Ow! LEPHOW THe IN FflRMATIC?ti IIRRQYIOE YOU WITH IF YOU CANNOT AFF iR ,iR'LA ' THItS OFFICE MAYBE ABLE TO PROV1t3E YOU WITF1MiFOt1MA"" A(ilMdlpN$TFN4T#fAY.OFftll LEGAL SERVICES T* ELIQ*t-9 P"U AT A RERUGED FW OR 114 FEE. MID?MM9at?'Ah'9E?tYfOLIE9??? .bo?p?Ii?ir3t+?t Ir 7 . , ,? I;,TOt3 1I y R 2 1 3trlpetAl C1AT4" Carlisle, PA 17018 s i i4 A. obboh 3? fDG nCa GMer 701 Market 215?8?5*Q4't1 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of J0 publiccat?io??n are true. Sworn to and subscribed before me this 31st. day of October 2006. Notary Publi My commission expires: Q ` ? 0 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christna L. Wolfe, Notary Cou" ry My omisBoro, sion Expires CumbeftM t 1, 2008 Member, Pennsylvania Associafion Of Notaries 60 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 27, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa l larie Coyne, SWORN-TO AND SUBSCRIBED before me this 27 day of October, 2006 NOTARIAL LOIS E. SNYDER, NOW4 Public Carlisle Boro, CumbedwW County My Commission Expires March 5, 2009 F CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumblerand County Civil Action-Law Term No. 06-4430 WACHOVIA BANK OF DELAWARE ASSOCIATION F/K/A FIRST UNION HOME EQUITY BANK, N.A. Plaintiff VS. DOROTHEA L. BAILEY Mortgagor and Real Owner Defendant ACTION OF MORTGAGE FORECLOSURE DOROTHEA L. BAILEY, MORT- GAGOR AND REAL OWNER, DEFENDANT whose last known address is 306 Shed Road, Newville, PA 17241. THIS FIRM IS A DEBT COLLEC- TOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. You are hereby nottfled that Plain- tiff WACHOVIA BANK OF DELA- WARE, NATIONAL ASSOCIATION F/ K/A FIRST UNION HOME EQUITY BANK, N.A., has filed a Mortgage Foreclosure Complaint endorsed with a notice to defend against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 06-4430 wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 306 Shed Road, Newville, PA 17241 whereupon your property will be sold by the Sheriff of Cumberland. 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 the Complaint and notice are served, by entering a written appearance personally or by attor- ney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fall 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 claim in the Complaint or for any other claim or relief requested by the Plain- tiff. You may lose money or prop- erty or other rights important to you. YOU SHOULD TAKE THIS PA- PER 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. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAW- YER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE. 39 r CUMBERLAND LAW JOURNAL MIDPENN LEGAL SERVICES INC. 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 JOSEPH A. GOLDBECK, JR. GOLDBECK McCAFFERTY & McKEEVER, PC Attorneys for Plaintiff Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106- 1532 (215) 825-6411 Oct. 27 40 ra ?"1 ca C? `?- r_.? ?:-+ := ?,,. ? _,-? i?"? ....1 ?, -~? ..., ?? , -?, C r.? ? ; ... __ C? -i _a N .. ,?,- ='? THOMAS WILLIAMS and IN THE COURT OF COMMON PLEAS OF MAUREEN E. ROYER CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID T. HILSINGER NO. 2006 - 4330 CIVIL TERM And LAURIE HILSINGER : IN RE: DEFENDANTS' PRELIMINARY OBJECITONS BEFORE OLER, GUIDO, EBERT ORDER OF COURT AND NOW, this 19TH day of DECEMBER, 2006, after review of the record as well as the briefs filed by the parties, and having heard argument thereon, Defendants' Preliminary Objections are DISMISSED. Byt Edward E. Guido, J. Xnneth A. Wise, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, Pa. 17108-1489 ' G'iarles E. Schmidt, Jr., Esquire J 209 State Street Harrisburg, Pa. 17101 : sld ?h 41-,,g 1 ? Z "-'a U01 1 e, . VV q, J-j SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I. D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt &schmidt1uamer.corn Attorneys for Plaintiffs THOMAS WILLIAMS and MAUREEN E. ROYER, PENNSYLVANIA Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - EQUITY v. DAVID T. HILSINGER, and LAURIE HILSINGER Defendant TO: THE DEFENDANTS NO. 06-433DCIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE NEW MATTER CONTAINED HEREIN WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR JUDGMENT MAY BE ENTERED AGAINST YOU. SCHM T? KRAMER PC 1 Bv: Charles E. Schmidt, Jr., Esquire DATE: : Iv, 3 (, e--),CE 1` SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I. D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt' schmidtlcramer.com Attorneys for Plaintiffs THOMAS WILLIAMS and IN THE COURT OF COMMON PLEAS MAUREEN E. ROYER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - EQUITY V. NO. 06-4330CIVIL TERM DAVID T. HILSINGER, and LAURIE HILSINGER Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes the Defendant, by his counsel, Charles E. Schmidt, Jr., of Schmidt Kramer, PC, who sets forth the following Answer with New Matter to Plaintiffs' Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Defendant David Hilsinger does not hold himself out as a remodeling contractor. Defendant has, from time to time, performed remodeling projects for other people. Defendant does not solicit door-to-door, nor does he generally engage in the business of home remodeling. Defendant was approached by Plaintiff Thomas Williams at the Mechanicsburg Men's Club and based on their prior relationship and friendship, was asked to do a remodeling project in the kitchen of his home. 5. Denied. Defendant David Hilsinger denies, for reasons more particularly set fourth in paragraph 4, that he does not generally engage in the business of home remodeling. By way of further answer, Defendant Laurie Hilsinger is a full time housewife, and has not in the past and is not presently engaged in the business of home remodeling, on her own, or in any relation to her husband, David Hilsinger. 6. Admitted in part. It is admitted that a contract was entered into on or about September 8, 2004. The balance of the allegations are neither admitted nor denied, as the contract is the best evidence and speaks for itself as to its terms and conditions. 7. Admitted. 8. Admitted in part. Defendants admit the installments received were put into Defendant David Hilsinger's personal bank account. Defendants aver all monies given to Defendant David Hilsinger were used to purchase materials, pay subcontractors, and allow a reasonable profit for Defendant David Hilsinger. Defendants specifically deny that any money was converted to their own use in the sense it was used improperly, and Defendants demand strict proof of the same. 2 9. Denied. It is denied that Defendant Laurie Hilsinger benefited from the monies accepted by Defendant David Hilsinger for reasons more particularly stated in paragraphs 4,5, and 8; which is incorporated herein by reference. 10. Denied. It is specifically denied that Defendant David Hilsinger failed to proceed with due diligence. Defendant at all times proceeded with reasonable care and attentiveness to the job. Plaintiffs, specifically Plaintiff Maureen Royer, requested numerous changes from the original plan and contract which held up completion of the project. In addition, there was a problem with matching the Corian countertops which was never properly and finally addressed by the Plaintiffs. Defendant had substantially completed the project at the time that work stopped. Moreover, the work stoppage happened as a result of a disagreement over Plaintiffs' requested changes to the original plan. Plaintiffs demanded that the left-right casement window installed in the kitchen be removed at Defendant's expense, and a totally different window be substituted. Plaintiffs also requested that the Defendant remove cabinets which the Plaintiffs had selected and asked that Defendant reinstall new cabinets. Defendant orally advised the Plaintiff that he would not reinstall items such as the stove, microwave oven and refrigerator because he did not want to compromise the manufacturer's warranties. 3 Moreover, it is denied that the letter of November 20, 2004 states that Plaintiffs had to "get somebody else to finish the job." Defendant merely recited what the existing on-going problems were and possible solutions. By way of further answer, Defendant was terminated from the job on January 25, 2005, by written letter from the Plaintiffs advising him that they wanted him to "remove all of his property" and refund them the full balance of the price paid to date. 11. Denied. Defendant David Hilsinger denies any money was converted to his own use, in the sense it was used improperly, and Defendants demand strict proof of the same. Moreover, Defendant believes and avers that the work done, to date, constitutes substantial performance, the value of which is equal to or in excess of the amount received from Plaintiffs. It is specifically denied that Defendant just quit working, and left the Plaintiffs to find another contractor to finish the job. David Hilsinger's letter exhibited by the Plaintiffs makes no statement to that end. 12. Denied. See answer to paragraph 11, which is incorporated herein by reference. 13. Denied. Plaintiffs seek redress pursuant to a written contract between the Plaintiffs and Defendant David Hilsinger. This should be the sole remedy of the Plaintiffs. Count I 14. Paragraph 14 does not require a responsive pleading. 4 15. Denied. It is specifically denied that Defendants have been unjustly enriched. Defendant David Hilsinger was in a written contract with Plaintiffs, and the Plaintiffs have brought suit on that contract. Defendant Laurie Hilsinger believes and avers that no specific benefit has been conferred upon her with regard to the contract disputed, and further that she had no participation in the transaction. WHEREFORE, Defendants request that the Court dismiss the Complaint of the Plaintiffs, with prejudice. Count II 16. Paragraph 16 does not require a responsive pleading. 17. Denied. It is denied that any accounting of the funds, given to the Defendant David Hilsinger by the Plaintiffs, would show anything other than use pursuant to the contract between Defendant David Hilsinger and the Plaintiffs. WHEREFORE, Defendants request that the Court dismiss the Complaint of the Plaintiffs, with prejudice. NEW MATTER 18. Plaintiffs have an adequate remedy of law, in their ongoing civil action-law, 05-557. 19. Plaintiffs are guilty of unclean hands. Plaintiffs breached the contract with Defendant David Hilsinger by making changes to the original 5 contract, and by making demands on the Defendant, which were outside the contract in the following regards: a) Defendant, David T. Hilsinger, re-did all the flooring in the kitchen at his own cost and expense because of subjective dissatisfaction of the Plaintiffs; b) Defendant David Hilsinger was asked to replace all the cabinets by Plaintiff Royer even though they had been selected by her; c) Defendant David Hilsinger was asked to remove the left-right casement window called for in the contract and to substitute another window because of the subjective dissatisfaction of the Plaintiffs. 20. The doctrine of laches applies to this case. 21. Defendants believe and aver, the existence of a written contract, from which Defendant Laurie Hilsinger did not benefit, prohibits any claim of unjust enrichment against her. 22. Defendants believe and aver, Defendant Laure Hilsinger received no benefit from the proceeds paid to her husband, Defendant David Hilsinger. 23. Defendants believe and aver Defendant Laurie Hilsinger is not guilty of any wrong doing and, therefore, she cannot be held responsible under any theory of unjust enrichment, because she was not involved in the underlying transaction aside from being the spouse of David Hilsinger. 6 WHEREFORE, Defendants requests that the Court dismiss the Complaint of the Plaintiffs, with prejudice. Respectfully submitted, PC Date: 3 1, '900'? I V/- By: -.-?? Charles E. chmidt, J k:, Esquire Attorney I.D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendant VERIFICATION I, Charles E. Schmidt, Jr., attorney for Plaintiff(s), verify that I am attorney of record for the Plaintiff(s), and that the foregoing document contains no facts within the knowledge of the Plaintiffs, but rather, is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on behalf of Plaintiff (s). I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsifications to authorities. PC By: Charles E. Schmidt, r., Esquire Attorney I.D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) Date: CERTIFICATE OF SERVICE AND NOW, this 31St day of January, 2007, I, Charles E. Schmidt, Jr., hereby certify that I have, this day, served a copy of the foregoing document by serving a copy of the same via facsimile and in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Kenneth A. Wise, Esquire Graybill & Wise, P.C. 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Respectfully submitted, PC By: Charles E. Schmidt, 'Jr., Esquire Attorney I. D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff t-J _ - -tl -'Tl 7 VT 1- Tt A r SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I. D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 THOMAS WILLIAMS and MAUREEN E. ROYER, Plaintiffs v. DAVID T. HILSINGER and LAURIE HILSINGER Defendants Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 06-4330 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO DEFENDANTS' ANSWER TO COMPLAINT PLEASE substitute the attached Verification for the Attorney's Verification filed with Defendants' Answer to Complaint filed on February 1, 2007. SCH I ER PC u S i By. Charles E. Schmidt, Jr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendants Date: Pe?,,T, 1?20b7 L -ok VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL We, David T. Hilsinger and Laurie Hilsinger, verify that we are the Defendants in the foregoing action and that the foregoing Answer to Complaint is based upon the information which has been gathered by our counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not ours. We have read the foregoing Answer, and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, we have relied upon counsel in making this Verification. We understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. DAVID T. HILSING R V GER 4 y CERTIFICATE OF SERVICE AND NOW, I, Charles E. Schmidt, Jr., hereby certify that I have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Kenneth A. Wise, Esquire Graybill & Wise, P.C. 126 Locust Street Harrisburg, PA 17101 SCHMIDT KRAMER PC S Charles E. Schmidt, Jr., Esquire Attorney 1. D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendants Date: -II /07 C-15 r? ?t>_ r 1 Kenneth A. Wise, Esq. GRAYBILL & WISE, P.C. I.D. No. 16142 126 Locust St. P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: (717) 238-3838 Attorneys for Plaintiffs THOMAS WILLIAMS and MAUREEN E. ROYER, Plaintiffs V. DAVID T. HILSINGER, and LAURIE HILSINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- EQUITY x.330 NO. 06-43'3'CIVIL TERM REPLY TO NEW MATTER AND NOW come Plaintiffs, by their undersigned counsel, and respectfully reply to the New Matter of Defendants as follows: 18. Denied. For the reasons set forth in the Complaint, Plaintiffs have no adequate remedy at law. 19. Denied. To the contrary, that which Defendant Hilsinger complains of is due to his fault: A. The kitchen floor had to be replaced because of improper workmanship in the installation of the subflooring; B. Kitchen cabinets were not installed in a workmanlike manner, had to be reinstalled to operate correctly, and marred areas of certain cabinets would become evident during reinstallation; C. Defendant David Hilsinger did not install the windows selected by Plaintiffs. 20. Denied. To the contrary, laches does not apply in this case. 21. Denied for reasons set forth in the Complaint. 22. Denied for reasons set forth in the complaint. 23. Denied. As a matter of law, an innocent spouse is subject to restitution under the facts of this case. WHEREFORE, Plaintiffs respectfully requests the relief set forth in their Complaint. Dated: /? ?-? 0 7 r Kenneth A. Wise, Esquire Attorney I.D. No. 16142 Graybill & Wise, P.C. 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Plaintiffs CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached Plaintiffs' Response to New Matter on the following individual(s) by First Class U.S. Mail addressed as follows: Charles E. Schmidt, Jr., Esquire Schmidt & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Date: ?9F 4 127 f-?Illvlv 1111?.i Kenneth A. Wise, Esquire I.D. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Plaintiffs rR if Q MM -OM P n r V l THOMAS WILLIAMS and MAUREEN E. ROYER, Plaintiffs V. DAVID T. HILSINGER, and LAURIE HILSINGER Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- EQUITY NO.064330CIVIL TERM As a prem}uisite to service of a subpoena for doaunents and things l ummit to Rule 4009.22, Kenneth A. Wise, attorney for, Plaid certifies that : 1. a notice of intent to serve the subpoena with a copy of the subpoena attadW thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. No objections have been filed; 4. the aibpoena which will be served is identical to the subpoena which is attached to the notice of u teem to serve the subpoena. Date: _ 3l frl?y ??i?' 'we ti Attorney for Plaintiff Kenneth A. Wise, Esq. Levin and Wise I.D. No. 16142 126 Locust St. P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: (717) 238-WW Attorneys for Plaintiffs THOMAS WILLIAMS and MAUREEN E. ROYER, V. Plaintiffs DAVID T. HILSINGER, and LAURIE HILSINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 06-433 CIVIL TERM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUN JM AND THINGS FOR DISCOVERY PURSUANT TO RULE 400911- TO: Defendants: Plaintiffs intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below m which to file of record and save upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: A. Wm, Esquire Levin & Wise Id. No. 16142 126 Locust Street P. 0. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorneys for Plaintiffs Kenneth A. Wise, Esq. Levin and Wise I . D. No. 16142 126 Locust St. P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: (717) 238-3838 Attorneys for Plaintiffs THOMAS WILLIAMS and MAUREEN E. ROYER, Plaintiffs v. DAVID T. HILSINGER, and LAURIE HILSINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- EQUITY NO. 06-433 CIVIL TERM TO: CUSTODIAN OF RECORDS FOR PENNSYLVANIA CENTRAL FEDERAL, CREDIT UNION: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A. For account numbers 231351103 and/or 5067-59267: 1. All applications for the account or to change names on the account; L Copies of AN checks presented for payment during calendar year 2004; 3. A print out of account activity during calendar year 2004; 4. For al dectrmic funds transfers or debit card activity for Laurie HSsingw, B. For alt other accounts listing Laurie HOsinger, all applications for the account or to change names on the account for ag accounts in existence during 2004; at the offices of Levin & Wise, 126 Locust Street, Harrisburg, PA 17110 Tel: 238-3838. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. V you fail to attend or to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Kenneth A Wise, Esquire Levin and Wise Id. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for BY THE COURT: Date: By: (Seal of the Court) I hereby certify that I am this day serving a true and correct copy of the attached Certification Prerequisite to Issuance of a Subpoena on the following individual by First Class U.S. Mad addressed as fonows: Charles E. Schmidt Jr. Esq. Schmidt and Kramer, P.C. 209 State St Harrisburg, PA 17101 Date: Kenneth A. Wise, Esquire Levin & Wise Id. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorneys for Plaintiffs c ° c n c 7 A , = c n c SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidtAschmidtkramer. corn THOMAS WILLIAMS and MAUREEN E. ROYER, Plaintiffs V. DAVID T. HILSINGER and LAURIE HILSINGER, Defendants ? TL" L 20101 AY -7 F2: 19 CJ„r 6I;;??(( Attpr?el's: fort i?efendants ,,40 Ly, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION- EQUITY NO.: 06-4330 CIVIL TERM JURY TRIAL DEMANDED PETITION TO WITHDRAW AS COUNSEL PURSUANT TO PA RULE OF CIVIL PROCEDURE 1012 AND CUMBERLAND COUNTY RULE OF COURT 206.4(C) AND NOW, comes the Petitioner and sets forth the following: 1. Petitioner, Charles E. Schmidt, Jr., is an attorney duly licensed to practice law in the Commonwealth of Pennsylvania with his principal place of business located at Schmidt Kramer PC, 209 State Street, Harrisburg, PA 17101. 2. Respondents, David T. Hilsinger and Laurie Hilsinger, are adult individuals and Defendants in this matter, residing at 133 East Main Street, Mechanicsburg, PA 17055. 3. In April, 2010, Respondents were notified by mail that this office would no longer be able to represent them in the above matter. 4. In April, 2010, Respondents were notified that the undersigned would be withdrawing as counsel and asking that they seek other representation. 5. To date, Respondents have not answered the letter, indicating they had obtained or had attempted to obtain other counsel, nor has the undersigned heard from another attorney undertaking representation. 6. Petitioner requests that this Court enter a Rule directed to Respondents to show cause, if any, why Petitioner should not be allowed to withdraw as counsel in this matter. 7. Petitioner filed an Answer and New Matter on February 1, 2007, and Plaintiffs' Reply to New Matter was filed on February 20, 2007, which is the current status of the case. 8. The case is not on any trial list. WHEREFORE, Petitioner requests that this Court issue a Rule directed to Respondents, David Hilsinger and Laurie Hilsinger, to show cause, if any, why Petitioner should not be permitted to withdraw as their counsel in the above matter. By Respectfully submitted, PC Charles E. Schmidt, Jr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendants Date: N .?; l a010 VERIFICATION I, Charles E. Schmidt, Jr., Esquire, verify that I am attorney of record for the Defendants, and I am Petitioner in this action. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. KRAMER PC By: Charles E. Schmidt)Jr., Esquire Attorney I. D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendants Date: a -'C' V CERTIFICATE OF SERVICE AND NOW, I, Charles E. Schmidt, Jr., hereby certify that I have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: David Hilsinger Laurie Hilsinger 133 East Main Street Mechanicsburg, PA 17055 Kenneth A. Wise, Esquire Levin & Wise 27 West Third Street P.O. Box 231 Lewistown, PA 17044 PC Date: A 0, -5I old 10 C By: Charles E. Schmidt, , Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendants THOMAS WILLIAMS and MAUREEN E. ROYER, Plaintiffs v. DAVID T. HILSINGER and LAURIE HILSINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-4330 CIVIL TERM IN RE: PETITION TO WITHDRAW AS COUNSEL PURSUANT TO PA RULE OF CIVIL PROCEDURE 1012 AND CUMBERLAND COUNTY RULE OF COURT 206.4(C) ORDER OF COURT AND NOW, this 13~' day of May, 2010, upon consideration of the above petition, a Rule is hereby issued upon the Plaintiffs and Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order DEFENDANT'S COUNSEL shall be responsible for service of this order upon the said parties or their counsel of record. -Charles E. Schmidt, Jr., Esq. 209 State Street Harrisburg, PA 17101 Attorney for Defendants :rc .~J use ~ ~,~ ~s'/la /~a ~'~ ~- °- ~ _ ~' ~ ~ ~ ~ ~ ~ ~_. ~ ~x r --C ~ ~~-- ~~ r te. ~ -~ r . '~ ~` ~' ~ -o ~~}~' et, .. ~ ~~ BY THE COURT, O F <</,yl David D. Buell 4e,i, Renee X Simpson Prothonotary k.c:g: a 1St Deputy Prothonotary O �( z �irkS. Sohonage, ESQ a. Irene E. Morrow Solicitor „50 2l6 Deputy Prothonotary Office of the Prothonotary Cum6erfancf County, cPennsyfvania Ok— 4/336 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,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, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carl sle, SPA 17013 • (717)240-6195 • Fax(717)240-6573