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HomeMy WebLinkAbout06-7101 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS J'YIlB??'-?C/? A Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. D(p-7101 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. _.__ 1JeuF nF rl .l vs ( rI -( CX_0 / I This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Pa. R. C.P. DV. No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of applee(s) "oe (Common Pleas No. Q(p-'710 ) within twenty (20) days after se ice f rule or suffer ant udgmen f non pros. Signature of apps t o homey or agent Wood L appellee(s) 000 '0 '00,; 00 RULE: To Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 206(o I bK$ Signature of thonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant c +v ° o `C? t . t ? " , Vii; rva_ , ?'??. c-3 , ? r- r' { m C) na ,Wgnature of official before whom affidavit was made Title of official My commission expires on 20 64 . COMMONWEALTH OF PENNSYLVANIA COUNTY OR CMMBRLAW Mag. Dist. No.: 09-3-02 MDJ Name: Hon. VIVIA>!T CONICS Address: PO BOX 155 27 N BIG SPRING AVE NZNVILLE, PA Telephone: (717 ) 776-3187 17241 CAROL D. BUCKER 243 ALTERS ROAD CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF 0 Judgment was entered for: (Name) Div-?.lot NOTICE OFCJIVDGCMNT/TRANSCRIPT PLAINTIFF: NAME and ADDRESS -1 FR-.B. MCCLDBB CONPAN Y 600 S 17TH STREET P.O. BOX 1745 TARRISBURG, PA 17105-1745 J VS. DEFENDANT: NAME and ADDRESS f-BUCNER, CAROL D, ET AL. 243 ALTERS ROAD CARLISLE, PA 17013 L J Docket No.: CV-0000128-06 Date Filed: 10/02/06 (Date of Judgment) 11/13/06 N.D. MCCLURB COKPANY ® Judgment was entereAn ninct: (Name) BII?• CAROL D 342.7 in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment ment Costs Jud $ 217.50 $ ' g $ Interest on Judgment 65.E Attorney Fees $ 342.75 Total Post Judgment Credits $ Post Judgment Costs $--- Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE COME FROM DISTRICT JUDGE. JUDGEMENT THE COURT OCOMMON PLEATHE JUDGMENT IN THE COURT OF S AND NO FURTHER PROCESS M Y COMMON ISSUED BY THE MAGISTER MAGISTERIAL MAY JUDGMENT THE INTE ANYONE MMON PLEAS, URT OF COME JUDGMENT S ENTERED IN THE JUDGMENT DEB OR PAYS N FULL, FILE UNLESS THOR ENTRY OFISATISFACTION WITHOTHE MAG SOTERIAL DISTRICT JUDGE IF THRESTED IN A REQUEST SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date - I certify that this is a true and correct copy of Date Zola My commission expires first Monday of January, , Magisterial District Judge record of the proceedings containing the judgment. , Magisterial District Judge SEAL AOPC 315-06 _` - ,. 10%0- .s _ c e . n n OW c w - n -0i L7 , O r M d- -- ` C--) rl3 2 t -0 M ?j ,,. c n r L '.i l._. 0 r-- r+3 J PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALT OF PENNSYLVANIA COUNTY OF a;(?1e ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas CIZ- upon the District Justice designated therein on (date of service) f ' I 20(-1 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) 07 LPZ on - &A lb 56 20©t- ? by personal service 4 by (certified) (registered) mail, send is receipt attached hereto. (SWORN) FFIRMED) AN SUBSCRIBED BEFORE ME jj?. THIS DAY OF 1Xjt C&k94-Y, 201 Signature of official before whom affida was made N& koj? Title of official tc- My commission expires on I , VQ . (1 20_. Signature of affiant COMMONWEAL PENNSYLVAN A NoWlai 9ral Brooke A. OW, KV&y Pubic Carlisle Sm. Cun*w1w d County My Conn seian Expires Aug.11, 2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENN5YLV COURT OF COMMON PLEAS Judicial District, County Of fl}h, fR /0A) NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Olo -- 71 o I NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. /17 1 1.49A11'. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. (see (6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon //,.g 141?pwwyl/ appellee(s), to file a complaint in this appeal Name of (Common Pleas No. Q(a-'?/p? ) within twenty (20) days after RULE: To? Zappellee(s) Name of appellee(s) pf rule or suffer - 0 _ non pros. ofappelllagt o*tiomey or agent (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon.you t personal service or by certified or registered mail. (2) 1?fb' u do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. ( The date of service of this rule if service was by mail is the date of the mailing. / j L? Dat 20 4(0 S? uLOng bonoteryorDeputy 4 ` 4 Y? MUST INCLUDE A COPT OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - MIRY Tn RF SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON ni.4TRICT a icTteF Brigid Q. Alford, Esquire Supreme Court I.D. #38590 Kevin D. Gillespie, Esquire Supreme Court I.D. 78758 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) H.B. MCCLURE COMPANY, INC. Plaintiff V. CAROL BUCHER & JOHN BUCHER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CV-06-7101 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 "ISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en [as 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 USTED NO TIENE UN ABOGADO, LLAME 0 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 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 Kevin D. Gillespie, Esquire Supreme Court I.D. 78758 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) H.B. MCCLURE COMPANY, INC. Plaintiff V. CAROL BUCHER & JOHN BUCHER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-06-7101 COMPLAINT H. B. McClure Company, Inc., through its attorneys, Brigid Q. Alford, Esquire, Kevin D. Gillespie, Esquire and Boswell, Tintner, Piccola & Alford presents its Complaint against the Defendants, Carol Bucher and John Bucher, as follows: 1. Plaintiff, H. B. McClure Company, Inc. (hereinafter "McClure") is a Pennsylvania Corporation with a business address of 600 South 17th Street, Harrisburg, Pennsylvania 17105. 2. Defendants, Carol Bucher and John Bucher, (hereinafter "Buchers") are adult individuals, residing at 243 Alters Road, Carlisle, Cumberland County, Pennsylvania 17013. COUNT I BREACH OF CONTRACT 3. McClure incorporates Paragraphs 1 through 2 as if fully reproduced herein. 4. On or about December 27,2005, Buchers contacted McClure, and reqeusted oil delivery to their residence. 5. McClure delivered 100 gallons of oil to their residence on December 27, 2005. A true and correct copy of the fuel oil delivery ticket is attached hereto as Exhibit "A." 6. The total amount due for the fuel oil delvery is $246.90. 7. The current outstanding balance on Buchers' account with McClure is $334.36, which includes attorney's fees and interest on the unpaid principal balance. 8. Buchers have continuously refused to make payment to McClure of the balance due and otherwise ignored McClure's demands for payment of the same. WHEREFORE, Plaintiff, H. B. McClure Company, Inc. demands judgment against Defendants Carl Bucher and John Bucher, in an amount not in excess of $35,000.00, which amount requires submission of this matter to compulsory arbitration, COUNT II UNJUST ENRICHMENT 9 McClure incorporates Paragraphs 1 through 8 as if fully reproduced herein. 10. McClure provided Buchers with fuel oil totaling $246.90, McClure having done so to the benefit of Buchers, the Buchers became liable for the just and reasonable amount of the equipment and the services. 11. Buchers have been unjustly enriched by accepting and using the fuel oil and not paying the total amount due for the same. 12. McClure has demanded that the Buchers pay the total amount due, but the Buchers have refused to do so. WHEREFORE, Plaintiff demands judgment in an amount not exceeding $35,000.00, plus post-judgement interest and costs of suit, which sum does not exceed the limits for compulsory arbitration. Respectfully submitted, B gid Q. Alford, Esquire Supreme Court I. D. #38500 Kevin D. Gillespie, Esquire Supreme Court I.D. #78758 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 Attorneys for Plaintiff Date: January 3, 2007 S -rr .0 . , . • W „•- ?,. ...'rya' .:; Amo ' r a p. 0 ?p m..x . Alp? rr J-c 00 8? fa x •. Y Op? ~ C] ?T• /y?Y y??9 , •. •CERTIFJED ME-TER DELIVERY YOUR DELIVERY TOTALS BELOW A° . V0L11iAE cb*M G'AT 89° ?/1H?ENHEIT .. ' ! ,?••:' r . ?? QAL9, AEAbIN(PrfgN H sn(.ES sEqusHCe M's OR ^, •a?S o Par,E PER GllLLUN-CMlS ' _ 2 L169 ® ' Duct dosr - - 24 G . 9 0 ' •" r i ,t E IF To .00 24b_*9?c] P "PS JAN-02-2007 TUE 04;00 PM BOS, TIN, PICC & ALF. FAX NO. 717 236 9316 P. IC5 H.B. MCCLURE COMPANY, INC. Plaintiff V. CAROL BUCHER & JOHN BUCHER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-067101 VERIFICATION I, Linda L. Spotts, Credit Manager of H.B. McClure Company, Inc., Plaintiff, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Linda L. Spo s Date: 3l U7 H.B. MCCLURE COMPANY, INC. Plaintiff V. CAROL BUCHER & JOHN BUCHER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-06-7101 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plaintiff's Complaint by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Michael O. Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 By: Denise L. Foster, Paralegal Date: January 3, 2007 ?-..., t.,.7 i ,_,? _ -r T ( ' I _ i ?} ` .. .: .;{ i N -- , Brigid O. Alford, Esquire Supreme Court I.D. #38590 Kevin D. Gillespie, Esquire Supreme Court I.D. 78758 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) H.B. MCCLURE COMPANY, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. CAROL BUCHER & JOHN BUCHER, Defendants : NO. CV-06-7101 CERTIFICATE OF NOTIFICATION I, Brigid Q. Alford, Esquire, Esquire, do hereby certify that I served the Defendants, Carol Bucher and John Bucher, with the Notice of Intent to Take Default Judgment, sending same by first-class mail, to the following address: Michael O. Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 A copy of said Notice is attached hereto. BOSWELL, TINTNER, PICCOLA & ALFORD By: 4--i "-e- 14" Brigid 10.Alford, Esqu e DATE: April 17, 2007 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 Kevin D. Gillespie, Esquire Supreme Court I.D. 78758 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) H.B. MCCLURE COMPANY, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. CAROL BUCHER & JOHN BUCHER, Defendants : NO. CV-06-7101 NOTICE TO: CAROL BUCHER and JOHN BUCHER, DEFENDANTS C/O MICHAEL 0. PALERMO, JR., ESQUIRE DATE: APRIL 17, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN ANSWER TO THE COMPLAINT FILED IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 77*1" -- ti H.B. MCCLURE COMPANY, INC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CAROL BUCHER &. : No. 06-7101 CIVIL TERM JOHN BUCHER : Defendant NOTICE TO PLEAD TO: H.B. MCCLURE COMPANY, INC. c/o Brigid Alford, Esquire 315 North Front Street P.O. Box 741 Harrisburg, Pennsylvania 17108-0741 You are hereby notified to file a written response to the enclosed Answer and NowMattrerwithin twenty (20) days from service hereof or a judgment may be entered against you.. Date: April 26, 2007 Respectfully Submitted, Rominger & Associates ?A .,C,-> 1. -A Michael O. Palermo, Jr., Egoire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 93334 Attorney for Defendants H.B. MCCLURE COMPANY, INC, Plaintiff V. CAROL BUCHER & . JOHN BUCHER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-7101 CIVIL TERM DEFENDANT'S ANSWER AND NEW MATTER AND NOW, comes Defendants, CAROL BUCHER & JOHN BUCHER, by and through their counsel, Michael O. Palermo, Jr., Esquire, and in response to the Comp/aintavers as follows: 1. Admitted. 2. Admitted. 3. No response required. 4. Admitted in part. It is admitted that Defendants initially requested fuel oil be delivered, however the same order was then cancelled with reasonable notice given to Plaintiff. 5. Denied. Strict proof of the same is demanded at trial. 6. Denied. 7. Denied. Strict proof of the same is demanded at trial. 8. Admitted. 9. No response required. 10. Denied and strict proof of the same is demanded at trial. 11. Denied and strict proof of the same is demanded at trial. 12-Admitted. WHEREFORE, Defendant respectfully requests this honorable court to enter judgment in his favor. NEW MATTER AFFITMATIVE DEFENSE - CANCELLATION 13. Previous paragraphs are incorporated as if by reference. 14. Upon information and belief Plaintiff is not entitled to relief as defendants cancelled said delivery of fuel oil a full seven (7) days before delivery of the same. 15. Plaintiff willfully failed to acknowledge the same and delivered said oil against Defendants wishes. 16. There is no equitable claim nor unjust enrichment claim(s) insomuch as plaintiff was free to retrieve said oil from Defendants property. 17. Upon information and belief it is believed that plaintiff is in violation of the Pennsylvania Unfair Trade Practices Act codified at 73 P.S. §201-2 (xxi),in that plaintiff's deceptive conduct in ignoring defendants cancellation in fact caused confusion or misunderstanding on defendants part. 18. Upon information and belief this matter is controlled by the defendant's cancellation of said order. WHEREFORE, the Defendant respectfully requests judgment in their favor and against Plaintiff. Respectfully Submitted, Rominger & Associates Date: April 26, 2007 Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 93334 Attorney for Defendants H.B. MCCLURE COMPANY, INC, Plaintiff V. CAROL BUCHER & . JOHN BUCHER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-7101 CIVIL TERM VERIFICATION Michael O. Palermo, Jr., Esquire, states that he is the attorney for, Defendant(s) Carol Bucher and John Bucher, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: April 26, 2007 - Michael O. Palermo, Jr., uire H.B. MCCLURE COMPANY, INC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CAROL BUCHER & . : No. 06-7101 CIVIL TERM JOHN BUCHER Defendant CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire Attorney for the Defendant(s) Carol Bucher and John Bucher, do hereby certify that I this day served copy of the within Answerand NewMatterto the following by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Brigid Q. Alford, Esquire Kevin Gillespie, Esquire BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P.O. Box 741 Harrisburg, Pa 17108-0741 Respectfully Submitted, Rominger & Associates Date: April 26, 2007 Michael 0. Pa ermo, Jr., Esq re 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 93334 Attorney for Defendants ? o - C? Q Y- rt Fil ? rn Kevin D. Gillespie, Esquire Supreme Court I.D. 78758 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) H.B. MCCLURE COMPANY, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CAROL BUCHER & JOHN BUCHER, Defendants NO. CV-06-7101 PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND NOW, H. B. McClure Company, Inc., through its attorneys, Brigid Q. Alford, Esquire, Kevin D. Gillespie, Esquire and Boswell, Tintner, Piccola & Alford respectfully submits the following Response to Defendant's New Matter: 13. No response is required. 14. The averment made herein is specifically denied and strict proof thereof is demanded at trial. By way of further answer, upon information and belief, Defendants ordered 100 gallons of oil on December 21, 2005 and said oil was delivered on December 27, 2005 pursuant to said request. Thus, it was not even possible for the Defendant to have given a "full seven (7) days" cancellation notice as factually stated herein. 15. The averment made herein is specifically denied and strict proof thereof is demanded. 16. The averment made herein is specifically denied and strict proof thereof is demanded at trial. By way of further answer, the Defendants never requested Plaintiff "retrieve said oil;" they simply used said oil without paying for it. 17. The averment made herein is a conclusion of law to which no response is required. To the extent that a response may be required, this averment is denied in toto and strict proof thereof is demanded at trial. By way of further answer, Defendants should not rely upon an act for a defense when they, themselves, failed to comply with it. 18. The averment made herein is specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff, H. B. McClure Company, Inc. demands judgment against Defendants Carl Bucher and John Bucher, in an amount not in excess of $35,000.00 plus attorneys fees and costs, which such amount requires submission of this matter to compulsory arbitration. Respectfully submitted, By: Ke in D. Gillespie, Esqut e S reme Court I.D. #7&,75 8 SWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 Attorney for Plaintiff, H. B. McClure Company. Date: May 11, 2007 H.B. MCCLURE COMPANY, INC. Plaintiff V. CAROL BUCHER & JOHN BUCHER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-06-7101 VERIFICATION I, Linda L. Spotts, Credit Manager of H.B. McClure Company, Inc., Plaintiff, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. ?l Linda L. Spotts Date: May 11, 2007 H.B. MCCLURE COMPANY, INC Plaintiff V. CAROL BUCHER & JOHN BUCHER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-06-7101 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plaintiff's Complaint by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Michael O. Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 Date: May 14, 2007 By' iazou evin D. it espie, Es ire O ?- ? -n :: ' ;, . r .. `.r. , ?? , f^1- . ` i _ w+M .? F S'1 1 -` t t? 4 -? ? { -? H.B. MCCLURE COMPANY, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CAROL BUCHER & JOHN BUCHER, NO. CV-06-7101 20 DEFENDANTS RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kevin D. Gillespie, Esquiremunsel for the plaintiff/dAR4W in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 2 4 9.6 0 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Kevin D. Gillespie, Esquire; Michael O. Palermo, Jr., Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. D239i4]deJlpie,I/Esquire ORDER OF COURT AND NOW, .200 , 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, EDGAR B. BAYLEY r-? C`? ?`--'--,, -n ? `." ?^ -;, d -,-_?? ?^i+ ? L •. rn ?? v may. r C_-: q? r H . B . MCCLURE COMPANY, INC. , IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. CAROL BUCHER & JOHN BUCHER, NO CV-06-7101 20 DEFENDANTS RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kevin D. Gillespie, E s qu r ebounsel for the plaintiff/dXkX4W in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 2 4 9. 6 0 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Kevin D. Gillespie, Esquire; Michael O. Palermo, Jr., Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. petition, /Yt 'T11 Esq., and aQL & '--W . aAiJ captioned action (or actions) as prayed for. 200 7 , in consideration of the foregoing Esq., and (]A-" ?e. J_CA? _ Esq., are ppointed arbitrators in the above y C t, EDGAR B. BAYLEY N _ T ,Ego,' r - ,lei; n p, aq ? t p R I lil H.B. MCCLURE COMPANY, INC., PLAINTIFF V. CAROL BUCHER & JOHN BUCHER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-7101 CIVIL TERM ORDER OF COURT AND NOW, this --Z-0 day of November, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. John M. Eakin, Esquire, Chairman, shall be paid the sum of $50.00. /John M. Eakin, Esquire Court Administrator sal ""' U-30.0` nit-6 By the C Edgar B. Bayley, J. V H.B. MCCLURE COMPANY, INC. :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. CV-06-7101 CAROL BUCHER & JOHN BUCHER, Defendants SETTLEMENT AGREEMENT AND GENERAL RELEASE The parties to this Settlement Agreement and General Release are: H.B. McClure Company, Inc. (hereinafter referred to as "Plaintiffs"), Carol Bucher and John Bucher. (hereinafter referred to as the "Bucher" and "Releasees.") It is the intent of these parties to settle all matters pending among them in the civil action (hereinafter "Civil Action") under the above-caption currently before the Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 06- 7171 Civil Action, as well as any and all claims, cross-claims, counterclaims, disputes and controversies which any of said parties have had, now have, or could in the future have against one or another of said parties arising from or relating in any way to services contracted between the parties, which are the subject matter of the aforementioned lawsuit. 1 DEFINITIONS As used herein, "H.B. McClure Company, Inc." and "Plaintiffs" shall mean and include the aforementioned individuals or entities, and any and every of their parents, subsidiaries, predecessors, successors (by merger or otherwise), assigns, affiliates, insurers, subrogees, and any and every of their past, present or future parents, subsidiaries, affiliates, divisions, directors, officers, agents, servants and employees, and any and every of their heirs, executors, administrators and personal representatives. As used herein, "Carol Bucher and John Bucher" and "Defendants" and "Releasees" shall mean and include the aforementioned individuals or entities, and any and every of their parents, subsidiaries, predecessors, successors (by merger or otherwise), assigns, affiliates, insurers, subrogees, and any and every of their past, present or future parents, subsidiaries, affiliates, divisions, directors, officers, agents, servants and employees, and any and every of their heirs, executors, administrators and personal representatives. AGREEMENT AND RELEASE In consideration of the promises and undertakings contained herein, the parties hereto, intending to be legally bound hereby, covenant and agree as follows: 1. All recitations set forth above are incorporated herein as material provisions of this Agreement and Release. 2. In consideration of the aforesaid agreement, and in exchange for Two Hundred Forty-Nine Dollars and Sixty Cents ($249.60) made payable to Plaintiffs, Plaintiffs agree to release, 2 remise, and forever discharge the Releasees, and the Releasees mutually agree to release, remise and forever discharge each other, from any and all actions, causes of actions, claims, counterclaims, crossclaims, demands, rights, suits, dues. accounts, bonds, covenants, warranties, contracts, agreements, demands for contribution, demands for indemnity and obligations whatsoever, at law or in equity, which Plaintiffs now have, have had, or could in the future have against any and all of the Releasees, or which the Releasees have against Plaintiffs, for or by reason of any matter, agreement, transaction, representation, warranty, deal or thing relating to the subject work, including any and all claims that were alleged or could have been alleged in the aforesaid Civil Action. In consideration of the aforesaid agreement, H.B. McClure Company, Inc. agrees to release, remise, and forever discharge Plaintiffs, and H.B. McClure, Inc., mutually agrees to release, remise and forever discharge "Bucher" from any and all actions, causes of actions, claims, counterclaims, crossclaims, demands, rights, suits, dues, accounts, covenants, bonds, warranties, contracts, agreements, demands for contribution, demands for indemnity and obligations whatsoever, at law or in equity, which H.B. McClure, Inc., now has, has had, or could in the future have against have against "Bucher", for or by reason of any matter, agreement, transaction, representation, warranty, deal or thing relating to the subject work, including any and all claims that were alleged or could have been alleged in the aforesaid Civil Action. 4. In making this Agreement and Release it is understood and agreed that the Parties rely wholly upon their own judgment, belief and knowledge of the nature, extent and duration of their damages, and that Parties have not been influenced to any extent whatever in making this Release by any representations or statements regarding said damages or regarding any other matter 3 made by the persons, firms, entities or corporations who are hereby released, or by any person or persons representing Plaintiffs or the Releasees. The Parties understand that this settlement is the compromise of a disputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons, firms, entities and corporations hereby released by whom liability is expressly denied. 6. Further, all parties certify, state and acknowledge that neither they nor their attorneys or other representatives will in any way disclose to any third persons or entities except as required by law, publicize or cause to be publicized in any news or communication media including, but not limited to, newspapers, magazines, journals, radio or television, the facts or the terms and conditions of this settlement. Additionally, all parties to this Agreement and Release expressly agree to decline comment on any aspect of this settlement to any members of the news media or the general public. This paragraph is intended to become part of the consideration for settlement of this claim. Each of the parties shall bear its own respective costs. Plaintiffs shall file a Praecipe with the Court of Common Pleas of Cumberland County, Pennsylvania discontinuing the above-referenced Civil Action with prejudice. 9. This Agreement and Release contains the entire agreement between the parties hereto, and the terms of this Agreement and Release are contractual and not a mere recital. t 0. This Agreement and Release shall not be valid and enforceable until it is property executed by or on behalf of all parties. THE UNDERSIGNED HAVE READ THE FOREGOING AGREEMENT AND RELEASE AND FULLY UNDERSTAND IT. t IN WITNESS WHEREOF, and intending to be legally bound, hexeby the parties have executed this Settlement Agreement and General Release on this ? /dyay of October, 2007. CAUTION: READ BEFORE SIGNING T?- 07 John Bucher ( at WITNESS: A awl Carol Bucher (Date) ESS: Linda L. Spotts, Representative for (Date) H. B. MCCLURE COMPANY, INC. WI SS: - 1-1 /v 3?0 7 BO WELL, TNER, P OL & (Date) ORD - Attorney for Plaintif 5 27 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 Kevin D. Gillespie, Esquire Supreme Court I.D. 78758 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) H.B. MCCLURE COMPANY, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. CAROL BUCHER & JOHN BUCHER, Defendants : NO. CV-06-7101 PRAECIPE TO SATISFY & DISCONTINUE TO THE PROTHONOTARY: KINDLY ENTER the above-captioned matter as Settled and Discontinued. BOSWELL, TINTNER, PICCOLA & ALFORD By: Brigi Q. Alford, Esq 're DATE: January 31, 2008 C C= °? rn ni,,,: cl) a . -q m .,.? Cf'1 1A p °-C