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HomeMy WebLinkAbout94-03060 . -; f I ~- 1 ~ G: ~ ~ J i i ; I , o j ~ ~I I-( . z! "::r en , - ~ f~ - ~ t M - ;.. -.. ""-* ~~ ;>- ..,>- :::r.: ,.,- ~- --: :;; L~ ;~.; ~-~ .;r .~... ~... <... - ::~ ,'. ;- I .;.. ~ \l: :;. 0") . -': ;-~ .If~~ ~- _. 'Ii ....,;;t..". '. .01 ., - ~ ",,-"':' ~ . -0 I.J "J' ~ r..< OH I ~~ ~ ..:I~ ~ . ~i i = ~ ll: ~P< H .... < ... ~~j~ III ..:I f;;J r.1 a ~ ~ u 'tlfl H ~j~~ ...... j '..... s:: I: o I H ... tJ.r-I Itlltl ~ ~ gj ~ E-i8zu ~z~ 'tl r.:: ~ ! ~ HI: IJ 0 ~I~~ .,.j u o E-iO oui~ , ~~~~. U uPl :E:~P< > ~ <~ .< . ~4l:~~ ..:10\ ;g ll: ~H II) ~ :>. ~ Z",l-l9 III III 0 t-l . . FISHER, MOWERY, ROSENDALE AND: ASSOCIATES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-3o"OCIVIL TERM : . , v. . . GENE R. MYERS and CLAIR H. MYERS, 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 the pleadings and Notice are served, 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 pleadings or for any other claim of 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 Courthouse Carlisle, Pennsylvania l70l3 Telephone: (717) 240-6200 wa1(~ sC~~uire supreme Court I.D. #l57l2 5 South Hanover Street Carlisle, Pennsylvania l7013 Telephone: 7l7-243-0220 Attorney for Plaintiff WAYNE F. SHADE ADome)' alLa... oS South Hanover Strut Carli.St. Pmnl)'lvanil 17013 5, Shortly thereafter in the spring of 1991, Defendant GENE R. MYERS, as agent for both Defendants, engaged Plaintiff for the purpose of addressing a dispute concerning the boundary between the aforesaid premises and the adjacent premises known as the Carlisle Fairgrounds. 6. In engaging Plaintiff, Defendants agreed to pay Plaintiff's customary fees for services which fees were fair and reasonable charges therefor. 7. Plaintiff performed the necessary basic research and field work to address the boundary dispute and were awaiting additional information from Defendants at the time that Plaintiff learned that Defendants had sold the subject premises to the owners of the adjoining Carlisle Fairgrounds. 8. Defendants never informed Plaintiff that they sold the property on February 5, 1992, for the sum of $175,000. 9. After learning of the sale of the property, Plaintiff notified Defendants through Defendant GENE R. MYERS of the balance due Plaintiff in the amount of $2,877.64. WAYNI! F. SHADI! AUomcyatuw .s Soulb HanaY~r Strm Carlillt, Pmntylvanil 17013 -2- I, Pamela E. Fisher, Office Manager of Fisher, Mowery, Rosendale and Associates, Inc., make this certification on its behalf, being authorized to do so and hereby verify that the statements made in this Complaint are based upon information which has been assembled by counsel for Plaintiff in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. Date: June 2, 1994 ~4-f': ~ Pamela E. Fisher WAYND F. SHADD ^~.II...w 5 South Hanovn Slrtc'1 Carlialt, l"mnsylvanil 17013 "i'~'\:"'{"-!.~t.-';' E1ROUJOS. GILROY 8r HOUSTON.I!',C;,. . ATTOf'H.V. AT LAW ' III NO"," HAHOV1I....,"arr__~.,., Co'.: ,::"._ ,'-,',. -,_ ~~"-' . '~~t:~=:7~V'~~:~~O.'~;'~~iLi\'~ji~:it~~J:~~:~~~;T;' FISHER, MOWERY, ROSENDALE AND ASSOCIATES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . . . v : NO. 94-3060 CIVIL TERM : : : GENE R. MYERS and CLAIR R. HYERS, Defendants . . : NOTICE TO PLEAD TO: Fisher, Mowery, Rosendale and Associates, Inc. c/o Wayne F. Shade, Esquire 5 South Hanover Street Carlisle, PA 17013 You are hereby advised to file a response to the within New Matter within twenty (20) days of service hereof or default judgment may be entered against you. Hubert X. G lroy, Esq Attorney for Defendan s Broujos, Gilroy & Houston, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 6 Admitted that Defendants agreed to pay a reasonable and fair fee for the work that Plaintiff was to perform. 7 Admitted in part and denied in part. Admitted that Plaintiff performed certain work. Plaintiff did set a number of pins at the subject property. Denied that there was any boundary dispute. Denied that Plaintiff was awaiting additional information from the Defendant. On the contrary, Plaintiff had been contacted by the Defendants and Plaintiff had been told that one of the pins that Plaintiff had set was in the wrong place. Plaintiff admitted this error, and Plaintiff was to rectify this error. Plaintiff never moved this pin nor did Plaintiff ever provide the Defendants with a survey plan. 8 Admitted. 9 Admitted that Plaintiff submitted a bill to the Defendants, which bill was submitted over a year after the Plaintiff had been engaged by the Defendants. By way of further answer, Defendants deny responsibility for that bill. 10 Denied. Defendants had no agreement with the owners of Carlisle Fairgrounds for the splitting of charges made by the Plaintiff. 11 Denied. After reasonable investigation, Defendants are without sufficient information to determine the truth or falsity of this allegation. Proof thereof is demanded. 12 Admitted. WHEREFORE, Defendants request your Honorable Court to dismiss Plaintiff's Complaint. NEW MATTER 13 The allegations as set forth in Paragraphs 1 through 12 are incorporated herein by reference thereto. 14 Plaintiff did put in six pins at the subject property, but one of the pins was eight feet short from the correct location. 15 Defendants advised Mr. Steve Fisher, agent for the Plaintiff, of the fact that the one pin was eight feet short and Mr. Fisher indicated to Defendants that this error would be corrected. 16 When the error was not corrected, Defendants contacted Mr. Fisher at his office in or about October 1991. 17 At a discussion that took place between both Defendants and Mr. Fisher at Mr. Fisher's office in or about October of 1991, Mr. Fisher then advised Defendants that he was not going to complete the job because "the Fairground is buying the property." 18 At the time Mr. Fisher made the statement to the Defendants that he was not going to complete the work that was required, Defendants did not have any agreement with the Carlisle Fairgrounds for the sale of the property. 19 Plaintiff committed an anticipatory breach by failing to complete the work pursuant to the agreement between Plaintiff and Defendants. 20 The agreement Defendants had with the Plaintiff was for the Plaintiff to do the required work in a reasonable time frame. Plaintiff never completed the work as required and Plaintiff stopped working at its own decision with no instructions to stop working by the Defendants. 21 Plaintiff never provided Defendants with any survey plan for the subject property, which Plaintiff had said would provide to -:r C7'1 >~.. :00- - ...'....~ ~ ....:-r ~-..J .-, (;) ~ ~~ ) ..., . Fisher, Mowery, Rosendale and A3sociates Inc. vs Gene R. Myers Clair H. Myers In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-3060 Civil Term, Complaint in Civil Action Law and Notice Wesley Cook, Deputy Sheriff, who being duly sworn according to law, says on June 9, 1994 at 8:30 o'clock A.M., E.D.S.T., he served a true copy of Complaint in Civil Action Law and Notice, in the above entitled action upon one of the within named defendants, to wit: Gene R. Myers by making known unto Miriam Myers Wife of Gene R. Myers at 320 Hollowbrook Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendants, to wit: Clair H. Myers but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint in Civil Action Law and Notice according to law. PERRY COUNTY RETURN: Now, June 21, 1994 at 7:25 o'clock P.M. served the wtihin Complaint upon Clair H. Myers at R. D. 2 Box 172 Shermansdale Carroll Twp., Perry County, Pa by handing to Mary Jane Myers wife of Def. a true and attested copy of the original Complaint and made known to her the contents thereof. So answers: Ken Bailey, Deputy Sheriff of Perry Co., Pa. Sheriff's Costs Docketing Service Surcharge Out of County Perry Co. So answers: ~,.' .~ .~A .~. .:" ,'.. 4#- ...::-:':' . -1: '" '( R. Thomas Kline, Sheriff .- . 18.00 3.92 4.00 5.00 20.50 51.42 Pd. by Atty. 6-24-94 ..' by ~~/~ . puty Sheriff Sworn and subscribed to before me this l.!!!-- day of q..fj 1994, A.D. n'-1" en.,;;._ J~'i' ~ proth't.'iotary . 1 -, Crt' C -\ . C I d.' PI' ., I:lEl ou or :;mmO:1 r e:s or :.Jr,::"-::ilt'l:n I",'::U:-:~'Y, anr:sY'lc:nl:: -Fi~her1 Mowery, Rosendale and Associates, Inc. 'IS. Clair H. Myers ~o. qd_~nFin Ci~i 1 Tprm ::- ~OWJ .1l1np 08. 1 qq4 ~9---. !. S~..z:~ 0-: C":nt3.:.:..!..A..'fD COt..,,~. ?~ CO !=:by ci.::u= t!::: Sh==.s oi Perrv ~ty :0 :=:=:1= .:.;. .,V:::, ... .. . ., . .. .. :.:::s ~-=u=:ctl :~...., -....- u == ::::u::::t :.:a ::sx Ot . -... . == ?'''':-::I. r~~~ She.."1::! at C=:!:er'..:z.cd C~WltT, :'3. Affida.vit or Se.-nc:! :-tow, June 21 o\:!ca . P ~!. ~:=i !!? 94 -. . -- 7:25 . .0' ::.: WI""." Complaint Clair H: Myers '.Ipall u R.D. 2 Box 172. Shermansdale, Carroll Twp. Perry County. PA by!::u:ciliq:o Mary Jane Myers. wife of Def. ~ true and attested c:::py oi == 0::.;-=--.1 Complaint me -~":. Cowu :0 her ~ . ., ::.: .:::t=:s ::::::1. So =-c::::s. Deputy L t1 ,..;~~ Sl:c::i of P ry eo.....,., ?~ 5wcc :m~~':"'d =cr: == :::E3 y ci :!:u..1.J ~ ~ci,~~ ' PROTHONOTARV' .... . '--;.l It SONORA l. LVONS ~I -''- '""1lEmLOOMFIELO. PERRV CO.. PA MV COMMISSION EXPIRES HI996 cosrs ::.c..-<.VIQ ~a:U,AGZ .~ : u.M. -.iIT oS lllL{ s