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Home My WebLink About94-01770 v ~ ~ ~ ~ .... ;) ~ I ~i ~i ~I si K! i jl. . I I I ! ~! {" ......... ~r'-j W~\~c0 ~~ Hoof;' "{l:\.. G-e Hi5 ~ \ \dC!~ :LlI:.- We do solemnly svear (or affirm) the Constitution of the United States ~ealth and that ve will discharge the ~ ~~ . .... _ "':~4 Q:. ~~c ~ N -0'"'-'1 ::r ~~xc.::, .,.- "t' 1J- _ ".i"ltl'l ., . ~z: ..'.- L:-z ~ .....UI'~UJ ~. "/"::K:G. :> :i ~Co) ) ) ) ) ) ) C. \- In The Court of Common Pleas of Cumberland County, Pennsylvania lIo. q., -, 1770 C'(~z;,-"l19 OATH that we vill support, obey and defend and the Constitution of dut office ,/' ( //1 " ,/ /t I, - ,j, ! ) ,/ / -/- /1;':/ AWARD We, the undersigned arbitrators, having oeen duly appointed and svorn (or Affirmed), make the following avard: (Note: If damages for delay are avarded, they shall be separately stated.) ~~ ,~~ I\'\. -(:"or tL '/-w ~ cl.....~~..,~ ~,::-\. """' '\w ~''1""-\W.r W~ c:..ncs\s ~d I < ~~';\, c.. """ 0 ......"..;t . , ~~~",'1~ ~ o-'r-'-",..i ..,c 1/...23." 7'1'. So , Arbitrator, dissents. (Insert i: ; , ; i , , applicable.) Date of Hearing: \\ l"2-~Ctt Date of Avard: I \ 11..)'1 'I ~ ~' ~ / ~/ / , --:-r7 .' unl.n-; NOTICE OF ENTRY OF AWARD . " /. / Now, thlt 4.t1'day of rr)dlJ<"'(''''''', 19 '1'(-, at/:4:l., L.a., avard vas entered upon the docket and notice tiiereof giVeii' by mail parties or their attorneys. '.' j Arbitrators' comoensation paid upon appea1~ l"r $ ~fr-C>.- to be the above to the I~~.~,,-- ~,..<,,_. (' ,\, \' N, c. 1...t...,Lt_~ ~ Prothonotary o cz. . o........p,<-l Oeput~l 3y: ",.\11< ,[., I iJ .. 1_ ':..._ .~::..t~ .;~r,::~' ~\...Q..c:...~ ~ ~ ~~ ---\0 ,^-~rn.e,s '-.:JI,e.:~~ ~....~~'" It)DC> ~'{V\ Mv...I.NA ~ C~yl~~k f~ ~~~~ ~~~'l , . ~ ra - :-~:~ L'" 't;. - .,.- ," -; ...~ = ~ ~ t. ,... ..... - - . ~ to. .;, .-!:' ~. j .1 }1 ~~ , ~"'~' '~t'; ~ ; ,j . .~ ,- GREGORY WEIAND, t/a P&G PLOORS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . . . . . CIVIL ACTION - LAW NO. '1'1-- /770 CIVIL TERM JURY TRIAL DEMANDED v. GETTYS BUILDERS, INC., Defendant NOTICB TO DBPBND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland county Court House 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 Telephone: (717) 240-6200 CONNELLY, REID, & SPADE Date: if- r: - 9'1 17108 ""$"" " j" i' ~i{i'; " GREGORY WEIAND, t/a . IN THE COURT OF COMMON PLEAS . F&G FLOORS, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff . . . . v. . CIVIL ACTION - LAW . . NO. CIVIL TERM . GETTYS BUILDERS, INC. , . . Defendant . JURY TRIAL DEMANDED . COMPLAINT COHES MOW, Plaintiff, Gregory Weiand, trading as F&G Floors, by and through his attorneys, connelly, Reid & Spade, by John F. Lyons, Esquire, and respectfully represents and avers as follows: 1. Plaintiff is Gregory Weiand, an adult individual trading as F&G Floors, whose current business address is R.D. #1, Box 615, 'Millerstown, Dauphin County, Pennsylvania 17162. 2. Defendant is Gettys Builders, Inc., a Pennsylvania business corporation, whose last known address is 1901 State street, Camp Hill, Cumberland county, Pennsylvania 17011. 3. Plaintiff is in the business of installing, sanding, staining and finishing hardwood floors. 4. At various and diverse times, Plaintiff orally contracted with Defendant to install, sand, stain and finish hardwood floors in certain residential houses which Defendant was constructing in cumberland County, Pennsylvania. 5. Plaintiff and Defendant agreed that the Plaintiff would install, sand, stain and finish hardwood floors in such residential construction projects for Defendant and that Defendant would pay Plaintiff a price per square foot based upon the size and type of i' . ...il!!f." hardwood flooring ordered by Defendant and whether additional staining and sealing was required by Defendant. 6. Pursuant to the request of Defendant and in compliance with the terms agreed upon, Plaintiff, installed, sanded, stained and finished hardwood floors in the residences, as follows: APPROXIMATE TYPE/SIZE OF SOUARE ~ COMPLETION DATE BRDWD FLOOR FOOTAGE PRICE Meals 11/28/93 Red Oak 950 $5,225.00 2 1/4 inch Sipes 11/15/93 Red Oak 850 $5,312.50 3-5 inch Radabaugh 10/14/93 Maple 850 $5,525.00 3 1/4 inch Magnum 10/22/93 Red Oak 1,285 $7,617.00 2 1/4 inch TOTl\L $23,679.50 7. Plaintiff also sealed each floor and provided special stain as requested by Defendant more fully specified in Exhibits "A" through "D" attached hereto and incorporated herein by reference. 8. Plaintiff has fully performed all his obligations under the terms of the oral contracts in a good and workman-like manner. 9. Plaintiff has billed Defendant for the amounts due as set forth in the invoices attached hereto and marked as Exhibits "A" through "0". 10. Despite demand, Defendant refuses to pay the amounts owed to Plaintiff. I , 1 I mandatory arbitration. COUNT II - OUANTUM MERUIT 11. Plaintiff incorporates the averments of paragraphs 1 through 10 of his Complaint herein as if fully set forth. 12. Between September, 1993 and December 31, 1993, plaintiff performed certain work and services for Defendant, consisting of installing, sanding, staining, finishing and sealing hardwood floors in residential construction projects at the specific request of Defendant, for which work, labor and services, Defendant c..;. WBBRBWORI, Plaintiff demands Judgment against Defendant, Gettys Builders, Inc., in the amount of $23,679.50 plus interest and costs of suit which amount is within the limits set for promised to pay plaintiff. 13. The work, labor and services performed by Plaintiff on Defendant's behalf have a reasonable value of $23,679.50. 14. Defendant has failed to pay Plaintiff for the work, labor and services performed by Plaintiff. 15. Plaintiff believes and therefore avers that Defendant has received the net proceeds from the sale of the residential homes in which Plaintiff provided the materials, work, labor and services set forth herein and as delineated in paragraph 6 of his Complaint including sums to pay for the materials and work of Plaintiff. 1 1 16. As a result of Defendant's refusal to make full payment to Plaintiff the reasonable value of Plaintiff's materials, labor, work and services, Plaintiff has suffered serious and continuing ;.' ''''rJ-'-:';.'W.::~:':~'';. injury, including but not limited to the loss of the value of the materials and the value of his time and effort expended on Defendant's behalf. 17. As a result of Defendant's refusal to make full payment to Plaintiff of the reasonable value of Plaintiff's material, work, labor and services, Defendant has been unjustly enriched at the expense of the Plaintiff. WBBRBFORB, Plaintiff, Gregory Weiand, demands Judgment in his favor and against Defendant, Gettys Builders, Inc., in the amount of $23,679.50 together with cost, interest and attorney's fees which amount is within the limits set for mandatory arbitration. CONNELLY, REID & SPADE Date: tf-.!F-1t/ By: Jo A orn G ego y 10lf~1l2 Walnut P.O. Box 963 Harrisburg, PA 17108 (717) 238-4776 "FAX" 238-4793 D.B.# 23859 .".....'<'-.',.," VERIFICATION I verify that tha statemants mada In this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~..,/J LJ~- ../ Date: J.{, 5-q~ -, '--- EXHIBIT "A" I j EXHIBIT "B" EXHIBIT "c" EXHIBIT "D" ~ r-- >-... "'>- ., - ~It-;~~~ (.JIz'~ ':T. -O(.~"'l r.:::cr.'l~ C' ,,, r...... " ':~I':.f) . .:";:r.: ,C- "t:i-. ;;':~"~'~uuJ .....'.;::..,.~ '-3 "'t> o IQ, 't") . "=J''') ~ ~ -=r" en - ~ :IC Q..- II> # N g: cS n ~t ~ \\~~ - .I~ ~ ~ r-- r\ ...;:r- ~ ~ ~/'--" + ~~~~ ;~ r , I SHERIFF'S RETURN ca+a-'/EAl1l11 OF PENNSYLVANIA I COUNl'Y OF CLMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1770 Civil Term Complaint in Civil Action Law and Notice to Defend Gregory Weiand, t/a F&G Floors VS Gettys Builders, Inc. Leroy Hippensteel , ~JClCXXDeputy Sheriff of Cl.Inberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Complaint in Civil Action Law and Notice to Defend upon n"ttys Builders. Inc. , the defendant, at 2:45 o'clock p .M. ~J EDST, on the 12 day of April , 19....9..4at CUmberland County, 1901 State Street. Camp Hill Pennsylvania, by handing to Janice DUQan, Secretarv for Gettvs Builders, Tn". "nd "dul t in charoe a true and attested copy of the Complaint in Civil Action Law and Notice ,to Defend and at the same time directing her attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 8.40 So answers: r"~ -~~~ R. Thomas Kline, Sheriff 2.00 24.40 Pd. by Atty. 4-13-94 bY~ . ~ ./ ~'~~*"<fr- puty Sh iff Sworn and subscribed to before me this 15~ day of ~I 19 q'{ A.D. C ).;,-,- D 'n-tdi,.._ I ~'7f' Prothonotary Law Offices O'BRIEN, BARIC Ii SCHERER 17 West South Street Carlisle, Pellllsy/l'allla 170/3 Stevell J. Flshmall Of COUllsel Robert L. O'Brlell David A. Baric Michael A. Scherer ('1/7) 249-68'13 FAX ('117) 249-5'155 Gregory Abeln, Esquire 22 west ~ret Carlisle, Pennsylvania 17013 John F. Lyons, Esquire 108-112 Walnut street P.O. Box 963 Harrisburg, Pennsylvania 17108 september 21, 1994 stephen J. Hogg, Esquire 401 East I.outher street Carlisle, Pennsylvania 17013 Gerald J. ShekletsJd, Esquire / 414 Bridge street P.O. Box E New CUmber1ani, Pennsylvania 17070 RE: Gregory Weiand, t/a F&G Floors v. Gettys 9.11lders, Inc. No. 94-1770 CIVIL Term Dear Gentlemen: As coort-appointed Ola.innan of the Board of Arbitrators in the above-captioned case, I have chosen the folla.Tin} dates as possible dates for the requested aJ:bitration hearin}. Please circle the dates that you fin:! will suit ycAlr schedules ani return this letter to my office. Once I have received all the letters, I will schedule the hearin} with the courthouse ani send CAlt notices. Should you have any questions, please feel free to contact me at this office. Very truly yours, o.~~~~ steven J. F , Esquire SJF/au ee: File Possible da, tes Jjr ~~tion Hearin}: october 11, 12,@ 18, ~,~, NoveI1lbelt. ~'~';e- @J. JY,~, 1994 ~ 'O-l\~ . ~ \"-f::'~ '0 ~ yY1 to/1(q{ ~ WBDlI), TjA ., , Ii FIDORS, Plaintiff I IN 'l'HB CXXlRl' OF a::IttDf PI.as OF I COMBI!lRIAND CXXJNl'lC, l'fHlBYLVAND I : 11). 94-1770 CIVIL : CIVIL JlC'l'I~ - LNf I JURlC 'l'RDL IBWlIED v. GB'1'l'm BUIUZRS, DIe., Defendant !Dl'ICB OF 1UUllTRM'I~ JIEIUUN3 As 0la1nnan of the Board of Arbitrators a~inted in the abave captioned case, I have fixed Wednesday, NoverN:ler 2, 1994 at 10:00 o'clock a.m. in the Seoon:1 Floor Hear1n:J Roan, in the old C.\lJnber1ard County Court:hcuse, carlisle, Pennsylvania, as the tiJne ard place for the Hear1n:J. Anyone firxl1n:J this tiJne unsuitable will please make a~rc.pr1ate arran:Jements with all COJnsel involved for another tiJne, 1nc1\Jdin;J the schedul1n:J of the COOrt Roan. D!te: I00-/Cj'f ee: Greqo:r:y Abeln, Esquire/Arbitrator step1en J. Hogg, Esquire/Arbitrator John F. J:Nons, Esquire/Attorney for Defen'lant Gerald J. ShekletsJdJEsquire, Attorney for Plaintiff Can't J\drninistrator Prothonotary Bulletin Board U1tROOllY WIl/^NU, I/n I' '" 0 noons, 1'lolnUrr v. e]F.'I"I'YS DUlLDRns, INC., Uerendnnt IN TIlE COURT ur COIll'IOII PLGAS or CL'tIDERLAND COUIITY, "ElnISYLVAlllA 110.94-1770 CIVIL 1994 CIVil, ^C'I'ION - I,^ W .JURY Till^', URft,^NURU RULE 1J12-1. The Petitt"n for "ppointment oC Arbitrators shall be substantially in the Collowing Corm: !,ETInOlI FOR APrOIllnlENT OF ARBITRATORS TO THE HONORABLE, TilE JUDGES OF SAID COURT: Jolin F. I,YOIL'l, R'llluire . counsel for the plaintHf/lIMt!lI'l!!M: in the nbove 1. 2. action (or actions), respectfully represents that: The abol.",,-captioned action (or actions) is (are) at issue, The claim oC the plaintiff in the action is $ nle counterclaim of the deCendant in the action is \ The fo11011ing attor!1"~s are interested in wise disqualified to sit as arbitrators: the cnse(s) ns counselor nre other- John F. Lyons, F.'Iqlllr.. A'l I'olln.,,1 ror Plaintiff and a'erald J. Sheklelski, Esquire as counsel for Defendant. ~ . _..en " ~ ( wl1l>llJ:,rORE:s;'..your l'etHioner prays your H('norable Court to appoint three J) arbUra~o't~; to whom the case shall be submitted. ~ .: ~=: '-~ .~ <<:) .. ,to." ~ l' .' . g ORDER OF COURT ~ MID NOW, A,_, c; uxr- fA ,199- foregoing petition, . Vi. ~ ~,) J7.sJIIII/)/V Esq., and <1E.j'1)~ /11 Ii/be., " - "p. f""."J j'" in considerntion of the Esq., CflL;.fJi!.. V Abt/N above-captioned action (or actions) as prayed for. ,Esq., are appointed arbitrators in the ByfJ~~:(r:Jt P. J. / -::r" = ~; >- ~ , ~'i _-r-...... ~ ;;; .J:i ~ "- ~ \n ~~I~ - :s= Co- "" ~. , C' N -' :> ....., -' ';.;c ~ r..'..'"..,A LIIW Offices O'BRIEN, BARIC Ii SCHERER 17 West Solllh Strut Cllrllsle, Pennsylvllnill 17013 Steven J. Flshmlln Of Counsel Robert L. O'Brien Dllvid A. Bllric Mlchllel A. Scherer (717) 249-6873 FAX (717) 249.S7SS Gregory Abeln, Esquire 22 West Panfret Carlisle, Pennsylvania 17013 John F. Lyons, Esquire 108-112 walnut street P.O. Box 963 Harrisburg, Pennsylvania 17108 September 21, 1994 Stephen J. Hogg, Esquire / 401 East Itluther street V Carlisle, Pennsylvania 17013 Gerald J. ShekletsJd, Esquire 414 Bridge street P.O. Box E New OJmber.lard, Pennsylvania 17070 RE: Gregory Weiand, tja F&G Floors v. Gettys alllders, Inc. No. 94-1770 CIVIL Term Dear Gentlemen: As court-appointed Olalnnan of the Board of Arbitrators in the above-captioned case, I have chosen the followin;J dates as possible dates for the requested arbitration hearin;J, Please circle the dates that you firxi will suit yair schedules and return this letter to my office. orx:e I have received all the letters, I will schedule the hearin;J with the courthouse and seni out notices. Should you have any questions, please feel free to contact me attthis office. Very truly ywrs, O'BRIEN'i:C & SOIERER ..::-- ,,~ ~ "- Steven J. , Esquire SJFjau ee: File Possible ~~ for ~tion Hearin;J: NOVE!lli:lerl1(jJ 1 @.w @1 1994 October 11,12,13, @ ~ ,,~""" """""' ~ 0....<. -..l r>- 1""" {1M \ \ \ , \ I I i Law offices RECEIVED SEP 2 2 199~ O'BRIEN, BARIC ci SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Steven J. FIJhman Of Counsel Robert L. O'Brien David A. Baric Michael A, Scherer (717) 249-6873 FAX (717) 249-5755 / 5epteIttler 21, 1994 stephen J. Hogg, Esquire 401 East ro.rt:her street Carlisle, PennsYlvania 17013 Gerald J. Shekletsld, Esquire 414 Bridge street P.O. BoX E New OJmberlam, Pennsylvania 17070 GregOry l\beln, Esquire 22 west Panfret Carlisle, PennSYlvania Jdln F. ~, Esquire 108-112 WalnUt street P.O. BoX 963 Harrisl:urg, Pennsylvania 17013 17108 RE: Gregory Weiarx:l, tja F&G Floors v. Gettys Builders, Inc. No. 94-1770 CIVIL Term Dear Gentlemen: 1\5 court-appointed O1airman of the Board of Arbitrators in the abov~ptioned case, I have chosen the following dates as possible dates for the requested arbitration hearing. Please circle the dates that you firxi will suit yoo.r schedules am return this letter to 'Ilt'f office. once I have received all the letters, I will schedule the hearing with the c:ourt:hOOSe am send em. notices. Shculd you have any questions, please feel free to contact me at this office. very truly yours, O'BRIEN, BMUC & SCHERER ~) ~ steven J. Fishman, Esquire SJFjau ee: File Possible dates for Arbitration Hearing: October 11, 12, 13, la, IP. 29, November 1, 2, 3, 8, 9, 10, 1994 f , ! , ; 1" !; Law Olllcts O'BRIEN, BARIC &I SC/lERER 17 WtJI Soull. Slreel Carl/sit, Ptnnsylloanla 1701 J Slt"tn J, Fl,hman 01 CUlm'" ROOtrl L. O'Brltn David A. Baric Mlchatl A. Schtrtr (717) U9.tl873 FIIK (717) U9.j7jj Gregory Abeln, Fsquire 22 West EUnfret Carlisle, Pennsylvania 17013 Jci1n F. ~, Fsquire 108-112 Walnut street P.O. Box 963 Harrisb.u:g, Pennsylvania 17108 Septentler 21, 1994 Ster:nen J. Hogg, Esquire 401 East Louther street carlisle, Pennsylvania 17013 Gerald J. Shekletski, Esquire 414 Bridge street P.O. Box E New OIntlerlard, Pennsylvania 17070 RE: Gregory weiand, t/a F&G Floors v. Gettys atilders, Inc. No. 94-1770 CIVIL Tel1n Dear Gentlemen: As court-appointed Chairman of the Board of Arbitrators in the above-captloned case, I have chosen the folll7ilirq dates as possible dates for the requested arbitration hearirq. Please circle the dates that you find will suit your schedules am return this letter to my office. Once I have received all the letters, I will schedule the hearin1 with the ccurthouse ard sem out notices . Should you have any questions, please feel free to oonUlct 'me at this office. Very truly yours, 0' BRIEN, BARIC, scm:RER Steven J. Fishman, Esquire &:JF/au ee: File Possible dates for Arbitration Hearirq: October 11, 12, 13, 18, 19, 20, NClVeI'lber 1, 2, 3, 8, 9, 10, 1994 ~~~:-~~ 6; - - ,r- oo(h r ,-' ,"'t'-, '~~ :~.iJ,t~~ :z::: ~T Q "" S? - = r...., :: ~ ,..._1 ::,\..'" C<o<l: 0'" ~~ ..:1>- 110'" ~ ~~ ~ 110 Eo< ~ o .....1 ...1 U ~~ C<oZ'" o::>u o Eo< UO Z g; c:::: S 8~ZJ~ l'l '" tt: ..:I Eo<!i! . ~ zoo H ... UZ U -:2" en - >- >.J!.'~ ...rl"" ~.;,.% ~~~~: ~~ f.>,~ -" ',." --".- 'I-.,~' .. '"' .,- ';:'c:.,'~ -;. :~ ~.~ i'. r :z:: ""'"' "" N C), . .I"\;,~j . ,~ ~ ;~)~ = . ~ C<o'" '" l.? .... ......, C<o l: .... III III ,.... ...,110 . C ~ ... ~ l:: o l.? f;! l.? , . :> ..., l: III ~'tl . l: U Q) Z'" ... Q) Q . '" gj ~ ... ::> III '" >- ~ l.? ~ H ::s ~ U o Eo< ~ '" ~ '" Eo< ~ Q Z l'l C<o l'l Q ~ 0 ~ Z ~ UJ ~ . rlJ i ~ ~ ~ 5 3 ~ Iii oj ~ ~ ~ \'l ~ ~Ii!i f 0( ;; " J · ~ . . . STU:":I':. 1.^I'"I\VI':U & f'oiTOSI'; ATTORNEYS At ~.^W 4101 lJfUllCiE srHEU . I NI:W 1:1''''III~III.^NII. 1".\ 170,n pd,...'f.,floo'.Vb1\'-" GREGORY WEIAND, t/a I IN THE COURT OF COMMON PLEAS OF F&G FLOORS, I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I . . v. I NO. 94-1770 CIVIL TERM I GETTYS BUILDERS, INC., . CIVIL ACTION LAW . Defendant . . DEFENDANT'S ANSWER TO COMPLAINT AND NOW comes the defendant, Gettys Builders, Inc, by and through its attorneys, Stone LaFaver & Stone, and answers plaintiff's com- plaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted and denied. The defendant admits that the plaintiff installed, stained and finished hardwood floors in construction pro- jects for defendant. Strict proof of the terms for payment averred by plaintiff are demanded at time of trial. 6. Admitted and denied. Defendant admits that plaintiff in- stalled, sanded, stained and finished hardwood floors in the resi- dences listed in paragraph 6. Defendant denies that the prices set forth in paragraph 6 are the prices which the defendant agreed to pay for such services and proof thereof, if relevant, is demanded at time of trial. -1- 7. Admitted and denied. The defendant denies that Exhibits "A" through "D" indicate that the defendant requested a special stain and proof thereof, if relevant, is demanded at time of trial. The remain- ing averments are denied in that defendant, after reasonable investi- gation, is unable to form a belief as to the truth of such averments. 8. Denied. Defendant denies that plaintiff performed all of his obligations in a good and workmanlike manner. 9. Admitted. Defendant admits that it has received copies of the invoices attached as Exhibits "A" through "D" of plaintiff's complaint. 10. Admitted and denied. The defendant admits that it has not paid certain amounts owed to the plaintiff. The defendant, however, denies that the amounts set forth in the plaintiff's complaint are the prices which the defendant agreed to pay for such services and proof thereof, if relevant, is demanded at time of trial. WHEREFORE, defendant demands that plaintiff's complaint be dismissed and that judgment be entered in favor of defendant for such relief as this Honorable Court deems just and appropriate. COUNT II 11. Defendant incorporates paragraphs 1 through 10 of its answer herein as if fully set forth at length. 12. Admitted. 13. Denied. The defendant denies that the work, labor and services performed by plaintiff have a reasonable value of $23,679.50 -2- , , ;~l , , ;, I I I I I I I , and strict proof of the sums claimed by plaintiff is demanded at time of trial. 14. Admitted and denied. The defendant admits that it has not paid certain amounts owed to the plaintiff. The defendant, however, denies that the amounts set forth in the plaintiff's complaint are the prices which the defendant agreed to pay for such services. 15. Admitted and denied. Defendant admits that it has received proceeds from the sales of those residential homes identified in paragraph 6 of plaintiff's complaint. Defendant denies that it owes the plaintiff the sum of money demanded in plaintiff's complaint and proof thereof, if relevant, is demanded at time of trial. 16. Denied. The defendant, after reasonable investigation, is unable to form a belief as to the truth of the averments of paragraph 16 and proof thereof, if relevant, is demanded at time of trial. 17. Denied. The averments of paragraph 17 are legal conclusions to which no responsive pleading is required. WHEREFORE, defendant demands that plaintiff's complaint be dismissed and that judgment be entered in favor of defendant for such relief as this Honorable Court deems just and appropriate. Respectfully submitted, B STONE LaFAVER ',2 f" , - ,~ Gerald ~ Shekletski, 1.0. No. 40486 414 Bridge St., P.O. Box E New Cumberland, PA 17070 Telephone (717) 774-7435 Attorneys for Defendant -3- pd~"g.ttr..Y.r V E R I FIe A T I 0 N Stephen R. Johansen, states that he is the President of Gettys Builders, Inc., a Pennsylvania corporation, the Defendant named in the foregoing action, that as such he is authorized to make this verifica- tion on behalf of Gettys Builders, Inc., and that he is acquainted with the facts set forth in the foregoing instrurnenti that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsificat'o authorities. pd'-!.\..rv1a..a.~ CBRTIFICATB OF SBRVICB I, Gerald J. Shekletski, Esquire, of the law firm of Stone LaFaver & Stone, attorneys for defendant, Gettys Builders, Inc., do certify that on this date I served the Defendant's Answer to Complaint on plaintiff's counsel by first class mail, postage prepaid, a true and correct copy addressed as follows: John F. Lyons, Esquire CONNELLY, REID & SPADE Post Office Box 963 Harrisburg, PA 17108 ~~ GERALD;}' SHEKLE'rSKI, ESQUIRE DA'rE: r/#(f-r