HomeMy WebLinkAbout95-02901
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WALTER N. HEINE
ASSOCIATES, INC.,
Plaintiff
DONALD HOSTETTER,
Defendant
NO. 2901 CIVIL 1995
VS.
RICHARD PRICE,
Additional Defendant
IN ASSUMPSIT
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COUNT:
Anthonv L. DeLuca. Esauire , counsel for the Plaintiff in
the above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $7,257.22.
The counterclaim of the Defendant in the action is $ -0-.
However, the original Defendant has moved to join Richard
Price as an additional Defendant.
The fallowing attorneys are interested in the case(s) as
counselor are otherwise disqualified to sit as arbitrators:
John A. Wolfe. ESQuire. attorney for Donald Hostetter and
ChristoDher C. Houston. ESQuire. attorney for Richard Price.
WHEREFORE, your petitioner prays your Honorable Court to
appoint three (3) arbitrators to whom the case shall be submitted.
!. . J 10RDER OE COURT
AND NOW, ~ _ , . , 1998, in consideration of the
fpregoinl1 petition, , ,I., .1 ,~ 't( t.. '/,l . 0 0 , Esq.,
o"lJt-fi 6..^-' !llr......A-." Esq., and ),'(,"1/1... t.lll.J*;ltJl , Esq.,
are appointed arbitrators in the above-captioned action as prayed
for.
Respectfully submitted,
.~. I. .-,' ('0 ( /'
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Anthony L. DeLuca, Esquire
P.J.
WALTER N. HEINE
ASSOCIATES, INC.,
Plaintiff
IN 'l'HE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO.
DONALD HOSTETTER,
Defendant
IN ASSUMPSIT
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, to wit this j,I(,
day of May, 1995, comes the
Plaintiff, WALTER N. HEINE ASSOCIATES, INC., by its counsel,
Anthony L. DeLuca, Esquire, and brings this its cause of action in
Assumpsit, upon the following facts:
1.
The Plaintiff, Walter N. Heine Associates, Inc., is a
Pennsylvania corporation organized and existing under the laws of
the Commonwealth of Pennsylvania, with its principal place of
business at 101 front Street I Boiling springs, Cumberland County,
Pennsylvania.
2.
The Defendant, Donald Hostetter, is an adult individual who
C~.... "'r.p,
resides at 4855 Hanover Road, Hanover, ~ork county, Pennsylvania
17J31.
J.
On or about September, 1989, the Defendant, Donald Hostetter,
retained the Plaintiff to provide professional engineering and
surveying services for a development project of the Defendant,
Donald Hostetter I known as "Orchard Property".
4,
At the time that the Plaintiff was retained by the Defendant,
Donald Hostetter, to provide the professional services referred to
hereinabove, the Defendant, Donald Hostetter, agreed to compensate
the Plaintiff for said professional services rendered at a fixed
hourly rate for each professional discipline plus expenses incurred
and that monthly invoices would detail the work performed each
month, the terms of which were acceptable to the Defendant.
5.
Thereafter, at the speci f ic instance and request of the
Defendant, Donald Hostetter, the Plaintiff performed survey and
engineering work at the project site and prepared substantial
SUbdivision and development plans at its office in Boiling Springs,
Cumberland County, Pennsylvania.
6.
The fees charged for such professional services that were
requested by the Defendant were the ordinary and reasonable fees
for such professional services in the community, and which fees
Defendant promised to pay.
COUNT I
ORCHARD PROPERTY PROJECT
7.
Paragraphs 1 through 6 are incorporated herein by reference
hereto and made part hereof.
8 .
On or about February, 1990, and up to and including the month
of November, 1991, the Plaintiff provided professional engineering
and sUt'vey ing 8erv ices for the orchard Property Project to the
Defendant, Donald Hostetter, the cost of which totaled $5,760.97.
9.
On or about May 23, 1990, the Defendant, Donald Hostetter,
paid the Plaintiff the sum of $120.00.
Ill.
On or about June 22, 1990, the Defendant, Donald Hostetter,
paid the Plaintiff the sum of $511.05.
11.
On or about June 5, 1991, the Defendant, Donald Hostetter,
paid the Plaintiff the sum of $1,000.00.
12.
In August 1990, the Plaintiff notified the Defendant, Donald
Hostetter, that commencing in September, 1990, interest would be
charged on the unpaid bills that were over thirty (30) days old,
which interest would be calculated at the rate of 1.5% per month,
compounded monthly.
1),
Plaintiff avers that it is entitled to interest on the unpaid
balance at the rate of 1.5% per month, compounded monthly, from
September, 1930 to the present.
14.
Plaintiff avel'S that inteJ'(!st on Baid obligatioll amounts to
$3,127.30, to the date of fillnq 01 this Complaint.
1'"
'l'he billance dlle and owin'l to the Plilintilf 1 rom the Defendant,
Donald lIostetter, nllowinlj L'Iu<li tU, in the Bllm 01 $7 1257.22.
16.
Although repeatedly requested to do so by the Plaintiff, the
Defendant, Donald Hostetter, has wilfully failed and refused to pay
the amount due and owing to Plaintiff.
WHEREFORE, the Plaintiff respectfully requests that this
Honorable Court grant Judgment in favor of the Plaintiff and
against the Defendant, in the amount of $7,257.22, with appropriate
additional interest and costs.
RESPECTfULLY SUBMITTED
A1it
113 front
P.O. Box 358
Boiling springs, PA 17007
(717) 258-6844
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.( Attcnll'Y far Plaintiff.
WALTER N. HEINE
ASSOCIATES, mc.,
Plaintiff
IN THE COURT OF COMMON PLEAS 01~
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v,
NO, 95-2901 CIVIL TERM
DONALD HOSTETTER.
Defendant
IN ASSUMPSIT
v.
RICHARD PRICE,
Additional Defendant
JURY TRIAL DEMANDED
DEFENDANT'S COMPLAINT JOINING
RICHARD PRICE AS ADDITIONAL DEFENDANT
AND NOW comes the Defendant, Donald Hostetter, by and through
his atrorneys, Wolfe & Rice. and files this Complaint Joining
Richard Price as Additional Defendant and in support thereof avers
as follows:
1. Plaintiff is Walter N. Heine Associates, Inc., with a
mailing address at 101 Front Street, Boiling Springs, Cumberland
County, Pennsylvania,
2. Original Defendant is Donald Hostetter, an adult
individual who resides at 4749 Hanover Road, Hanover, Adams County,
Pennsylvania 17331.
3, Additional Defendant is Richard Price, an adult individual
with a mailing address at Box 219, 27 Pearl Street, Arendtsville, PA
17303.
4, On May 26. 1995, Plaintit f filed a Complaint in Assumpsi t
against Original Defendant, A copy of said Complaint is attached to
and incorporated herein by reference as Exhibit "A",
5. Additional Defendant is a fonner employee of Plaintiff.
6, Additional Defendant is a professional land surveyor,
7. Original Defendant hir'ed Additional Defendant to provide
various professional services to Original Defendant.
8. Original Defendant agreed to employ Additional Defendant,
an employee of Plaintiff. as an independent contractor.
9. Additional Defendant, while acting as a former agent
and/or employee of Plaintiff, acknowledged by a letter to Original
Defendant dated May 6, 1992. that he would assume responsibility for
all charges from Plaintiff to Original Defendant I with the exception
of approximately $1,200. which Defendant attempted to pay in full
but Plaintiff subsequently rejected as full payment, Said letter
is at':ached to and incorporated herein by reference as Exhibit "8".
10. In said letter. Additional Defendant acknowledged that,
while acting as an employee of Plaintiff. Additional Defendant
reached an agreement with Original Defendant on the amount Original
Defendant owed to Plaintiff and further acknowledged that Original
Defendant had paid Plaintiff in full for any and all services that
Plaintiff rendered to Original Defendant.
II, In said letter, Additional Defendant agreed to assume
responsibility for and right to contest any amount that Plaintiff
claims Original Defendant owes Plaintiff,
12. If Original Defendant is held liable to Plaintiff,
Original Defendant believes that Additional Defendant will be liable
to either Original Defendant or Plaintiff or both,
WHEREFORE. Original Defendant. Donald Hostetter. requests that
this Honorable Court order the following:
1. That Additional Defendant be made solely liable to
Plaintiff j
2, In the al ternati ve that, in the event that original
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ClII1IlEI1I,/llll1 COUllTY, I'ENIl5n,VI\NIA
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DONI\T.D 1I0S'rE'I"1' Ell ,
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I\ND tlCli, to wit this J t. iI, day of MRY, 1995, comes the
Plaintiff, WIIL'I'F.n tl. Hf.ltlE I\stmCIA'l'En, lllC., by its counsel,
I\nthony I" DeLI1l';), Esquire, nnd bringu this Lts CIIUfle of action in
I\ssurnpsit, 111'011 the followinq factr.:
1.
The Plninlllf, WRIter II. Hnlne AAsociilt.es, Jnc., 1la 11
1'1111nsylvIlnln corpol'/ltloll organi7.l!d nllll exint,Ing Ullder thn Inwl9 of
thn Commllnllp.alt.h of Pel1l113ylvnniil, with itu principal place of
bunln~I1B nt 1111 Front streut, BoLling springs, cumberland County,
pnnnliylv;)nla,
2.
'rho D"rnnctnnt., I)onnld Host..,ttlll', iR on adult individual who
rllsidF.'11 ,It. 4A'," If.,never Hoad, Ilnnovcr, YOl-k countYI Pennuylvnnia
173Jl.
l.
On 01' "hullt. 5eptnrnher, 1911'J, tho lJetemlllllt, DonRlrlllosl.ntter,
rntnlned tw 1'1!'I;ntiCf to pl'l)vlde pt'efesulonnl engineering and
survcyinq Jl.'lv\o:eli [ur n "I'vAlepmnnt, projAct 01 the Onrel\danl.,
lllJnlll d 1I11!1I:!'ll "", ~nol<ln /.In "Orl:I1i\l'd I'l'opert y",
I:XlIllllT "1\"
1-
^t \,11,' lilli" lllul tho P1.linULl \'I,\f.\ l'l'lnilll'd by lhe Ilnffll1dnnt:,
Donald 1101.1'"('11"1", to Ill"ovitll' L11l' pl'ofcuuionlll fHlI'vlcflFlI'Ol'flrrnrl to
hcrC'lnilbov'. Ill" II"fl'lIdllnt. lJonnltl IIont"t.l.tl1', 'H.ll"'l.'d to l~omponllllt('J
thfl l'lililll il f fOl' suid 1'1'01 o/ln 1 <11111 I Ill'lviel\s rendered at II tlxod
hOlll'ly I'al.., (Ilr ...11:11 profl'Buionnl dlsc:lplino pllln flxpnnnon incurred
and thnt flinnI'll I \' i IIvoicl'S WOll] d detn i 1 thn wot'k l'nr[nrmf1l1 each
month, tlw h'IIIl" oL which were ncceptnblo tn t.ho llnCondllnt.
5.
Tlu.'r"'ilfl:p.I', nt t.ho npnciLic inL'tal1l~'" ilnd l'equest of the
DOfAndant, Don.'lct Hootott.llt'. tho Plaintiff performed survey and
enqinflorlllq WOII<. at the Pl'OJflCt Ait... ill1(1 pr.epared Ilubstantial
subdivininll "lid dl'velopment plnnf1 nt. itn orricn in Iloiling Springs,
Cumborlilnd County, Pennsylvania.
n.
The f~es chnrged for sucll prOfessional services that wenl
requested by the Def'onllitllL wore Lho ordinary and reasonable feoa
1'01' ouch pro(l't<!sional servicos in t.hn community, and which feos
Defendnnt. Jll'/Jlllflll'd to pay.
COUNT 1
URCHARIJ i'H01'EHTV PROJECT
'/ ,
Pal"lIqt iJphu 1 through (j nre i ncnrpuratcd here In by roCerence
horeto lInd mild.. p,'\d hereof.
o.
On at' ,1boul. i'l'brunry. 1'l'lO. Ilnd up to And includln9 t,hA mont-h
01 NovlIInb/lr, I'l'\!, thu I'litint,iff provided Pt'(lf,w!lional enqlnfloring
1 I,
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IInrJ II\Il:'V~'\,'II" ,H'I"VI....'" fot" till' (It"d1'~11I I't'Opo.'t.y 1'1"011'\1'" lo t.11I'
U~tenrl<llll, 1101",111 1l0f,tI'U.,'t', "Ill' l'l.lt.t of Which tnt,d.,'d $1>,""0.'17,
~ 1 .
Oil 01 .)hlllll 11n~' ;I, 1')'111, lllf.' lJf>fnllll"lIl, llollll111 1I0ntntter,
paid thp. 1'1 ,Ii lit i" tllIJ t<um 01 $1~o.on,
111.
Oil nt' ahout .111111' 22, 1<)911. the nnfnlldllnt, lJono'llll 1I0stot.ter,
paid the r I " i Illi fr t.ho flllm of $1>11. U!J.
11.
On or tlbout ,Juno !J, 1991, the Ilalendllnt, nona hI lIo.t.ttot",
paid the J'lnintj[[ the sum o[ $1,OOO.oo.
, :~ .
In AUtlust 19'10, the PllllllUff notlrlnll thl) DlIt'lInclIl11t, lJonlllfl
Hostetter, thllt: commencinQ in Beptembnr, 1990, inter'f1ol. would bn
charged on t.hn unpaid billA t.hat were ovnr thirty (lO) flllYs old,
which intOl'oBI would bo cII1culllted lit tho rl'lte of 1.1)\ lwr month,
COmpDlll1lt",rj month 1 y.
13.
['laint Ilf ,IV"ra that It if! ulltilled to lnten~l\t on the unpalll
balance at th.1 .'.n,!;' of 1.5\ pOl' month, compound!,,1 munthly, from
Septumhlll'. 1 ~190 to thl! prlltlf:'nt,
H.
\>ll\int j f t "vnrn t.hat interest nn 'laId obllqlltlon Amount. to
$3,127. 'lO, to tho dlltu of filing 0' thiG Complaint.
l'i.
The b"I<1U"f' due Ilnd owllll/ 1,0 the Plaintiff from tho rJnffll1l11\nt.
Ilnn.,ld llofll,'lt"t", illlowing t'l'er\ltE', 1n 1/1" t"lm 01 $1,~')/,22,
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Ileal' t'lr. 1I0HI.etter,
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Dicit asked me 1.0 adviHe you that he has becll quite ill for
the past ,welt alld dpologize6 for not contacting you
personally. lie hop",; to I", hdL'k on hlH feol. by Fl'iday or
saturday and \1\11 call you <lL t:llotlc I.illlo. 1 dill !loing to
lIarisburg on 'I'hllr6day 1.0 rlll16h Lho I'l!dm of paper worlt on
the SUA 10011. I L ticeJna LIlli t lfdl'l1 L t fill..! \H~ Hl..nld !:)0I111..!'one to gut
tha doclIlllenlu, Lhere i:-j o Ill..' mort' (orm to cUlllpletl~. An it
turns nut, tile iIlLerl..!ol rdit! \~i 11 be clo::il! t.o ell.!ven
percenL, \H' wuuld IidVL' hL'I..!1l hl't!.!..!1 off q010'l tlll'Ollqh u lucal
bilnk. Ilicl< 11tH) i IIblrucl.l.!d nil! tu prl..'pdl"t! d chl.~cli.. (0 three
month6 intel'e61. (/112 to r,lL') dlld hL' will '''diver it Lo
yuu ei lller suturdd)' or 111'>.1 \H'I'Ii...
] have encluuen a \.Jritl,(!1l Htdt.l'llll~I1L cuncl.'l'llilllj \'our bills
from lIelne ^';'HlC, '1'1110 \;i11 I!lllldll<It.I! <111\' \luo,;ibIJ!l.y of
them atl.empLillg 1.0 culll'L'\: <IllY dddll.lulldl fnndH from YOIl.
If you have any questions, plPiJlj(~ ll~ave a messaC]c 011 Dicit's
recDrder. 1 chL'L'I~ it eVl!I-Y 1~(I11ple uf houL'o.
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DATE I?ECEIVep
IJAH I'nOCESSElJ
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COUI1T1WU5E. GETlVSBUI1G. PA 17326
SHERIFF SERVICE
PROCESS RECEIPT. and AFFIDAVIT OF RETURN
INSlflUG1IONS ~"'Il It~~;lI1lH TlI)lISlt)jl :;IIlVIt:! llll'llt)LL!iBIlV
lit! bltllllll llll Illl' '''VI'''''' "t lhlllil~llt~'f ~ll C(lp~ 1I11111!; IUltH I'h'll!>fl
lIP" ll! Illml 11'1/,101\ m~LIII!\\1 ItHlIlllh,IIIV ill .111 (1IIlIll~
lJ" IlIlI ,h"i1' II ill1\ '''Ihjl~ ACSD [NV.,
PLAINTiff/51
Wnlto)' !~. 1!n11lo 1~IWql'in'f";, 1!,1'.
:) Ul! ENOMH/SI
})ollnld 1I()f1tf~t1fl)'
5 NAM[ Of nml\'HllJAI ult,4PAfH (()I1POI1.All(jl~ I H
In ~,IIIVIU Oil ()U.,\ UlflllDH Of
/ CtJUIl1 NUMUUl
'jl,-;"':)1 r~1v1] TeJ11l
I YI'I- 1)1 wnll on CO'-4I'1 AINl Un i liB t n i,{.-a
f:tJlnpl:,ili' ill t\.'wll/IlIHlI t
I'IHlI'llllY TOm IlvlllJ Al'^CHI!lOIl50\D
SERVE
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Dnllnld llontpttpJ'
6 ADDR[SS ,S"f!f!! 01 m () Allarlll1t!1l1 'tU e,li" BOll1 '''''p SIi1ltl 111111 lIP COOt)
AT
ir'll Iluli)\'pr iio':n1t IH;1\L'\'(~l', I'll 1" n,1
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Now.
SUlVlCI
I'llHlONAI
I'lll~ott I'~ CHAIHa
DlflIJfln'
ellH MAti
HtG1Sl [Ill I) MAil
flQSllO
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, I. SHEHIFF OF ADAMS COUNTY. PA, do hereby dopulize the Sherlfl 01
County to execute this Writ and make relurn therot accordmg 10 taw, Thi5 deputation being
made at the reque5t and risk 01 Ihe plalr1liff
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~ltllllr r 01 A~)"A_"'~ Ct)l!~_~!..
8 SPECIAllNSlflUCTIONS OR OfHl fltt-iltHlMA 11Ot~ lliA 1 Will AS~;I~l lt~ 1),1'101' lun SfI1V1C[
NOTE ONlY APl'llCAUl ( ON WHIT or 1):;1 etllllJIJ f~ II WAI\.... 11 01 WA lCHI.(AtJ All) ,J1-'pIJty !.h"lilI h'II)U1\1lJjllltl HI .11Irtr.hHlY fillY pH'pl!lI,; WUIt>1 "",lIIuII WIll ma,; IOltVU
saffle wllhoul a Vf81dU110n. III 411.ltlily 01 whu!lI".1'f 'I> ld1HH11J\ Ihi!'"I'<,~1tl1l allll! 1l01Ir,llllllll'lMJIl tllltl~y III ullitdlmpnl, ~,!h(Julltallllitv (J!lllm piul 01511111 ,1{'l'uly Ilf the fiho"fllo
Bn)' ptBUlllll herein 101 any 10sIO Ilflf;IIUt I,oll 01 H"'Hlw"llJlllll~ ~ll( 11 Pllllll'III' t,..lwl' !,I'I",'I <; "ale II1I'Il'ol
9 SIGNATURE 01 ATTORNEY III 0111"'1 ORIGINATOR Il'qul'Et'PlI ,,1'1',1( 1'1'" t'l,j'dH or
T..I'IAIIHIII
Anthony L. DnLlH'fl. Fnq. D11INl)^,~'
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11 DAn
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SPAC!: PE!.OW FOR USI: OF SHERIFF ONLY - DO NOT WRIT!: BEl-OW THIS LINE .
12 18tl<t1o\ll'IRdQo reCOlp' ollho Wilt !SIGNAlunE ()I Aulh()!lll'd ACSD [)l'plIl~ 111 Up!\< ,ll'll flllll ! 1:~ Dilll' UPI l't~('rl 114 L'JptJillron IltoR/mg dat~
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__________________n___ 0_ -- - -----
16 I helouy CERTIFY and flETURN IIlolllt l1a~1' jJl"!'untlll, ~,l"~l"! 1';j'I' f,l'I~-I',1 1'1'1,.",\ <II (!lill'll' IlilV" 11''1.11 "~llh'Ilt.t' rJl"I"~lte ;1<; !,!Iown U1 Ill)lllll'l<I. l(lIll11HIIMII
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(II AlJ'IIUlllllll 1!;!lUlt~tl AliI tHlIlll" AIm IIII1
1'1 n,lll' II", l'llllil
WALTER N. HEINE
ASSOCIATES, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 95-2901 CIVIL TERM
DONALD HOSTETTER,
Defendant
IN ASSUMPSIT
v.
RICHARD PRICE,
Additional Defendant
JURY TRIAL DEMANDED
<'
w,
ANSWER TO PLAINTIFF'S COMPLAINT IN ASSUMPSIT
AND NOW, comes the Defendant. Donald Hostetter, by and through
his attorneys, Wolfe & Rice, and files the following Answer to
plaintiff'S Complaint in Assumpsit and in support thereof avers
as follows:
1. After reasonable investigation Defendant is without
knowledge or information sufficient to form a belief as to the truth
of this averment.
2. Denied. It is specifically denied that Defendant resides
at 4855 Hanover Road, York County. By way of further answer,
Defendant is an adult individual who resides at 4749 Hanover Road,
Hanover, Adams County, Pennsylvania 17331.
3. Admitted.
4. Admitted in part and denied in part, It is admitted that
Defendant retained Plaintiff to provide professional services and
that Defendant agreed to pay for said services, However, it is
specifically denied that Defendant agreed to pay Plaintiff for
professional services rendered at a fixed hourly rate for each
professional discipline plus expenses incurred and that monthly
invoices would detail the work performed each month, It is further
denied that Defendant found those tenns acceptable. By way of
further answer, Defendant agl'eed to emplo}' Richard Price, an
employee of plaintiff, as an independent contractor. Price
perfonned services for Defendant. and, while acting as a fonner
agent and/or employee of Plaintiff. agreed to acknowledge that he
would assume l'esponsibility for all charges from Plaintiff to
Defendant, with the exception of approximately $1,200. which
Defendant attempted to pay in full but Plaintiff subsequently
rejected as full payment, Price. while acting as a fonner employee
and/or agent of Plaintiff, also reached an agreement with Defendant
on the amount Defendant owed to Plaintiff and further acknowledged
that Defendant had paid Plaintiff in full for any services that
Plaintiff rendered to Defendant, Furthennore, Price agreed to
assume responsibility for and right to conteBt any amount that
Plaintiff claims Defendant owes Plaintiff.
5. Denied, It is specifically denied that Defendant
requested such work from Plaintiff, By way of further answer I
Defendant agreed to employ IHchard Price, an employee of Plaintiff,
as an independent contractor, Pl'ice perfonned services for
Defendant, and, while acting as a fonller agent and/or employee of
Plainti ff. agl'eed to acknowledge that he would assume responsibility
fOl' all charges from Plaintiff to Defendalll, with the exception of
apPl'oximately (i1,200, which Defendant attempted to pay in full but
Plaintiff subsequently reJected all full payment. Price, while
acting as an employee of Plaintiff, aloo reached an agreement with
Defendllnt nn t he amount Def!!Jldant owed to Plaintiff and further
acknowledged that Defendant had paid Plaint if I' in full for any
services that Plaint if I' rendered to Defendant. Furthermore, Price
agreed to assume responsibility tor and right to contest any amount
that Plaintiff claims Defendant owes Plaintiff,
6. Denied, It is specifically denied that Defendant promised
to pay Plaintiff for services beyond what Defendant has already
paid. By way of further answer, Defendant agreed to employ Richard
price, an employee of Plaintiff, as an independent contractor,
Price performed services for Defendant. and. while acting as a
former agent and/or employee of Plaintiff, agreed to acknowledge
that he would assume responsibility for all charges from Plaintiff
to Oefendant, with the exception of approximately $1,200, which
Defendant attempted to pay in full but Plaintiff subsequently
rejected as full payment. Price I while acting as an employee of
Plaintiff, also reached an agreement with Defendant on the amount
Defendant owed to Plaintiff and further acknowledged that Defendant
had paid Plaintiff in full for any services that Plaintiff rendered
to Defendant. furthermore I Price agreed to assume responsibility
for and right to contest any amount that Plaintiff claims Defendant
owes Plaintiff.
COUNT I
ORCHARD PROPERTY PROJECT
7. Paragraphs 1 through 6, containing Defendants admissions
and denials, are incorporated herein by reference and made a part
hereof.
8, Denied, It is specifically denied that Defendant employed
Plaintiff for professional engineering and surveying services
between February 1990 and November 1991 for the Orchard Property
Project. It is further denied that Plaintiff rendered services to
the Defendant which totaled to the amount of $5,760,97.
9. Admitted
10. Admitted.
11. Admitted,
12. Denied. It is specifically denied that Plaintiff notified
Defendant of such interest rate charges. It is further denied that
Defendant owed Plaintiff any money for any services rendered by
Plaintiff to Defendant. By way of further answer, Defendant agreed
to employ Richard Price, an employee of Plaintiff, as an independent
contractor. Price performed services for Defendant, and, while
acting as a former agent and/or employee of Plaintiff, a~reed to
acknowledge that he would assume responsibility for all charges from
Plaintiff to Defendant, with the exception of approximately $1,200,
which Defendant attempted to pay in full but Plaintiff subsequently
rejected as full payment. Price, while acting as an employee of
Plaintiff, also reached an agreement with Defendant on the amount
Defendant owed to Plaintiff and further acknowledged that Defendant
had paid Plaintiff in full for any services that Plaintiff rendered
to Defendant. Furthermore. Price agreed to assume responsibility
for and right to contest any amount that Plaintiff claims Defendant
owes Plaintiff.
13. Denied. It is denied that Plaintiff is entitled to any
interest on any amount owed to Plaintiff by Defendant. It is
specifically denied that Defendant owes Plaintiff any money for
services rendered by Plaintiff to Defendant, By way of further
answer, Defendant agreed to employ Richard Price, an employee of
Plaintiff, as an independent contractor. Price performed services
for Defendant, and. while acting as a former agent and/or employee
of Plaintiff, agreed to acknowledge that he would assume
responsibility for all charges from Plaintiff to Defendant I with the
exception of approximately $1,200. which Defendant attempted to pay
in full but Plaintiff subsequently rejected as full payment. Price,
while acting as an employee of Plaintiff I also reached an agreement
with Defendant on the amount Defendant owed to Plaintiff and further
acknowledged that Defendant had paid Plaintiff in full for any
services that Plaintiff rendered to Defendant. Furthermore, Price
agreed to assume responsibility for and right to contest any amount
that Plaintiff claims Defendant owes Plaintiff,
14. Denied. Def~ndant denies that Plaintiff is owed any
interest on services rendered by Plaintiff to Defendant, It is
specifically denied that Defendant owes Plaintiff any principal
amount for services rendered by Plaintiff to Defendant. By way of
further answer, Defendant agreed to employ Richard Price, an
employee of Plaintiff. as an independent contractor, Price
performed services for Defendant, and, while acting as a former
agent and/or employee of Plaintiff, agreed to acknowledge that he
would assume responsibility for all charges from Plaintiff to
Defendant, with the exception of approximately $1.200. which
Defendant attempted to pay in full but Plaintiff subsequently
rej ected as full payment, Price, while act il1g as an employee of
Plaintiff, also reached an agreement with Defendant on the amount
Defendant owed to Plaintiff and further acknowledged that Defendant
had paid Plaintiff in full for any services that Plaintiff rendered
to Defendant. Furthermore, Price agreed to assume responsibility
for and right to contest any amount that Plaintiff claims Defendant
owes PIa int if f .
15. Denied. It is specifically denied that Defendant owes
Plaintiff any principal or interest for services rendered by
Plaintiff to Defendant, By way of further answer, Defendant agreed
to employ Richard Price, an employee of Plaintiff, as an independent
contractor. Price performed services for Defendant, and, while
acting as a former agent and/or employee of Plaintiff, agreed to
acknowledge that he would assume responsibility for all charges from
Plaintiff to Defendant, with the exception of approximately $1,200,
which Defendant attempted to pay in full but Plaintiff subsequently
rejected as full payment. Price, while acting as an employee of
Plaintiff, also reached an agreement with Defendant on the amount
Defendant owed to Plaintiff and further acknowledged that Defendant
had paid Plaintiff in full for any services that Plaintiff rendered
to Defendant. Furthermore, Price agreed to assume responsibility
for and right to contest any amount that Plaintiff claims Defendant
owes Plaintiff.
16, Denied, It is specifically denied that Defendant owes
Plaintiff any principal or interest for services rendered by
Plaintiff to Defendant, By way of further answer, Defendant agreed
to employ Richard Pdce, an employee of Plaintiff, as an independent
contractor. Price performed services for Defendant, and. while
acting as a former agent and/or employee of Plaintiff, agreed to
acknowledge that he would assume responsibil i ty for all charges from
Plaintiff to Defendant, with the exception of approximately $1.200,
which Defendant attempted to pay in full but Plaintiff subsequently
rejected as full payment, Price, while acting as an employee of
Plaintiff, also reached an agreement with Defendant on the amount
Defendant owed to Plaintiff and further acknowledged that Defendant
had paid Plaintiff in full for any services that Plaintiff rendered
to Deferdant. FU1'thennore, Price agreed to assume responsibility
for and right to contest any amount that Plaintiff claims Defendant
owes Plaintiff,
WHEREFORE, Defendant respectfully requests that this Honorable
Court deny Plaintiff's Complaint in Assumpsit and grant Judgment in
favor of Defendant.
DATE:
8h/9,')
n A. Wol
olfe & Ric
47 West High Street
Gettysburg, PA 17325
717/337-3754
q-host.ana
t
,
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1995-02901 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEINE WALTER H, ASSOCIATES INC
VS.
HOSTETTER DONALD
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says. that he made diligent search and inquiry for the within
named defendant, to wit: PRICE RICHARD
but was unable to locate
deputized lhe sheriff of
Him
ADAMS
In his balliwick. He therefore
County, Pennsylvania.
to serve lhe wl~hin COMPLAINT
-_.,----~------_.._--.---'------_._----
the attached leturn from
__@AMS
lhls office wae In
County.
I'ecei pt of
Pennsy Ivania.
On AUllust
18th. 1995
Sheriff's CostSI
Docketing
Out of County
surcharBe
ADAMS C UNTY
So at ~I'S:
18.00
9.00 '
18.00 /
sTi:1'm JOHN t W FE
1IJ8/1B 1 5
~
Sworn and subscribed lo before me
u
lhis -.!.::_ day
19_~__ A. D.
of f I J'" ,1.__-
ttU-~{~~~'~f*VC_., ,.___u__
DATE RECEIVED
DATE PAOCESSED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTliOUSE, GETTYSBURG, PA 17325
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
,ii.A1NTIFF/S,"-;;:i:-:"Y!-I-q"'- r: ~ I ~I' i r I'
___IJ_~1_t~ 1 ~:.t._.t~\_ J.l~'!'_~ /rl r.
3 OHENDANTISI
llil'!;nr'.inT.!'il'l!! ,~l;jif_;f'!l;\l 11'{'!" L;:,~
!l NAMf: 01 ItmlVIDlJAl CUMf'M~~- (:1 JHflllll^ lltlP~
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SERVE
.
1(" leI :;IIlV:ct 1)11 III SLIlIf1I U}t4 1)1
4 IYPE OJ wnlT on COMPLAINT
I.:ll'ri)11 '1illt ,Iv t.ut i t'(-
I'HOI'lnl" !()!lItlvIID A'T^CIRt1 011 SOIU
AT
Hi (.t" I'I! rt'i ('II, 'r;.!'
Ii AoonESS (Slrl.'lll Of urn, Af..UI!1\U!11 tw
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Now, 19
POSTED Olli[R
, I. SHERIFF OF ADAMS COUNTY, PA" do hereby doputize the Sherill of
County to exocute this Writ and make relurn therol according to law, This deputation being
made at the request and risk 01 the plall1hll,
prnSOfMl
P(flSOt~ !H Cl1AlmE
(EIll MAil
Hf::lilS1UltD MAil
6 SPECIAL Ir4STf~UCTlONS on O1HEH ItnunMATION HiA.l WIU ASb1Slt~4 D:I'LOITlrm SfIlVtC(
~ill( Ill" OJ AOAM5 COUNT""
-. - - --- --.~-.
NOTE ONl Y APPLICABLE ON wnn OF E),[UJltOtl 14 U WAlv[llor WA1CH,..-lA.t1- Ap) l)!'lhj!) SIlI!II!! II'V~Ifl!J UlhHl 01 alli\l'hlllg Rlly "ropOfly und!!f "'Ilhlll "'fll may leaH~
Game 'I\ollhou! a walch man, In cUlilvcJy 01 \IItlOlllll....cr IS hlUf1lj In possession, altnr nulll)Hllj pt<I!t()(l 01 I~....) III atlachmllnl ""Ilhou! Ililblhly Oil 11m piul ul fiUl.:h Ill!jlllly 1lI Iho sherlll to
any plamlltl herem 101 ally tos!> llOSlrut!lon \Jl fl>!'wI,al 01 aI', such prupf'f1'r Iw!nre srwlIlI S s.;ltt tt1l!ItJOI
9 610NAT-U;E~;--ATT-O-RNEY Of othAf ORIGINATOR IPtjLIC!,IIl'Y bl'r~ln' un IJl'hal1 ot IT 10 TIll PtION. t NU MHFIl
PLAIN11fl
J I ' \' If F' ('" '() . "','_,",'/ I,
10 :!l H,,/] n, ~[lq, OHHmAfH
.-' ----------
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
-i2'-I';~~~;-o~i~dge r~~;pi-~i l-I;O'.~I~;----I SIGNATURE ul AulhoJl/eoJ ACSO nt'jWI) ()I (i(>llo. il".J 11111' 11.1 Dill" 1100:e'I'o'ed . . __u 1-,4- '[-;-PlliltIlHll j-h!'armg dal~
or complSIfI! 86 Indlcaled Above
-,--- .._,,_.~ -' ..-,--.--- --. ,-".' -, - - _______ __,m__
11 OAt(
15 I heloby CERTlFV And RETURN !hall X l1ihl' l'I'150fld'l) !>1'1~1'11 Ilil~I' ~,.jl~"d I'I"!,!)" I" \ bmYI' h.wt.' II'\pll!~U1t>I1(~ 1)1 ~('f\,ll(J as (,110"" III . f1ctl1iuh' (un rl'vtlfse)
ha...e pCl51ed lhe a!lo",o dr.sflltllJd prnj1l'rl, ..."h thl~ ....p! ('l ('(H"lll",r\1 lIl'SI I,llt'd r;!' tI:H lI'd'li"t"ill (I)"'pa"~ C()IP\IH~III)!\ l'le ill the ,HJtJleS5 bhll,"1l ahu...e or 011 Ihe
Indl~ldual. wmpany, cUfl)OlfltlOtl ell:, ;lllhe iHl()I!'"S "'~"Ilp"lli't(l\\, Ill" Ilillh'IIIWIH I'ublmu" THUE Ind ATTESTED COPY thero!
16 _,.I..~.~_f~~.)I__ceftlly a~~_~~," ~ NOT FOUN~ ~)~'Ulll!>~ 111Il1 Ilrl,jIJlu In 1m all' tlm IIl(ll~IIJUill I.umpanl uHp<J'ahJIl t'lI . 11,lmed i1lJunl lSeA 'ernaf~!O helm..,
17 Name and IIUe ofll1()I~lduAl sOlved III ^ 1""1\1'" III '~J";I\1j., _lUll ,)"lll!'.L'"'~J'1 l'ne-;d Order
It i (' II ~ll'(~ P t': (~P :~;~:'e'~l~'~~~~~' l'lt' M"!!"11;!"1 . u~"dl
--- --,,-_.._- --------
;>0 Dale of Se'~I(l! ;11 TllIle
19 Addlass 01 v.here In!f....ed lLO!1llllule UIlI) II dilfl'lt'nt 111;111 1011('1\" ;llhl>!'I,Slrl'el u. IH \}
Slale and ZIP CODE)
:ih~l'jffl'l nff~('", !,d""~; I" ':r;~' ('."''''', 1l~.,
111-"': P0.1~ i~'!rl!'l' ')iT'''I'~. 'jp! ''':1'''11'
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23 Advarl(t! CIl501!O 1 N
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ArnnMfO 1l11111illlJbl'rlbed In Iltlh)lll Ill~ IhlS
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1_- _ 60 ANSWER
!, \-Yr. ,- J '
1 :"'~~~~~":~:d':'''~~l~
I fl. ,\." ' r." I', "
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I
,
(lale
., I, ,1;1
day 01
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'>'<HI'(I'll)!I!o".'llf'pul',INIJI""I",I.'I,'
SltfniH Of AOAMS (OUUT '(
MY (:qMMISSI()f~ r )trInES
I At:to.tMWUD(j[ rl[c[tPt Of lHt. SttfRIH'5 nET URN SIQNAIun[
or AU11HJRIlto ISSUING AlJlIH)flll'f At~() l11il
1~1 {).1h' HI'I l'I~t'lJ
il 'III' fji I
.~
SHERIFF'S RETURN OF SERVICE
\
(1) The wilhin
upon
defendant by mailing 10
by
prepaid.
a true and allestod copy lhoreof 01
'-~._. ----..----------
".,-.. . the wilhln named
mail. return recolpl requested. poslege
on the
._------.--.._~---.
)
The relurn receipl signed by
defendant on the
made a pari 01 thiS relurn,
(2) OUlsido the Commonweallli,
ond allostod copy lhoreof 01
-- -'- ------- . ---------------.--
--.- ._--.._._...,-..__......_~.-
----.-.--- '-'-~ -
is horelo allached and
pursuanl 10 Po, R.C,P405 (c) (1) (2), by mailing a Irue
in the fOllOWing manner:
( ) (a) To Ihe delendant by ( ) reglslered ( ) certilled mail, relurn recelpl requeSlod,
POslage prepaid, addressee only on the
said receipt being relurned NOT signed by defendant, but wilh a notation by Ihe Postal AUlhOlltlas
Ihal Defendanl refused to accept the same The relurned receIpt and envelope is allached herolo
and modo part of Ihis relurn,
And lhereafter:
( ) (b) To Ihe defendant by ordinary mail addressed 10 delendanl at same address, wilh lhe refurn
address of the Shell" appealing thereon. on the
--------.,--
I further cerlity Ihal after fllleen (15) days from 1110 mailing dale, I have not received
said envelope back from Ihe Postal AUl/lOlllles, A Certlllcale of mailing IS hereto allached as a
proof of mailing,
(3) By publication In the Adams County Legal Journal, a Weekly PUblication of general clrculallon in
Ihe COunly of Adams, CommOnwealth of Pennsylvania, and the Gellysburg Times, a daily
newspaper published in the Counly of Adams, Commonweallh of Pennsylvania and having general
circulation In said Coul1ly for . "_. "_
sUccessive weeks of
, The AffidaVIts
from seld Adams County Legal Journal and Gellysburg Times, are herelo allached end made
part of lhls return,
(4) By mailing to
by mall, leturn receipl requested, postage prepaid,
on Ihe
a true and allested copy Ihereol at
The
Authollhes marked
Is herelo allached,
(5) Other
roturned by the Pas 10 I
- - "_un__.
WALTER N, HEINE
ASSOCIATES, INC.,
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
: CIVIL ACTION - LAW
:
: NO. 95-2901 CIVIL TERM
DONALD HOSTETTER,
Defendant
IN ASSUMPSIT
v
RICHARD PRICE,
Additional Defendant
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Donald lloBtetter
c/o John A. Wolfe, Esquire
Wolfe " Rice
47 West High Street
Gettysburg, PA 17325
You are hereby notified to plead to the within New Matter within
twenty (20) days of service thereof or a default may be entered
against you.
Datel
I,,~ ;, h~ r--
I I
)
,/I
L.c r oph c. H ston, Esqu re
Attorney for Additional Defendant
Broujos, Gilroy" Houston, P,C,
4 North Ilanover Street
CarliBle, PA 17013
717 - 243-4574
DONALD HOSTETTER,
Defendant
IN ASSUMPSIT
pr1cunll108 U~
WALTER N. HEINE
ASSOCIATES, INC"
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v
NO. 95-290l CIVIL TERM
v
RICHARD PRICE,
Additional Defendant
JURY TRIAL DEMANDED
ADDITIONAL DBFENDANT'S ANSWER TO
DEFENDANT'S COMPLAINT
1
AND NOW, comeB the Additional Defendant, Richard Price, by and
through his attorneys, BroujoB, Gilroy & Houston, P,C., who files
this Answer to the Defendant' B Complaint, joining Richard Price as
Additional Defendant and in support thereof answers as followsl
Admitted.
2
Admitted.
3
Admitted.
4
Admitted,
5
Admitted,
6
Admitted.
7
Denied, It is specifically denied that the Original Defendant
hired Additional Defendant to provide variouB professional services
to Original Defendant. By way of further answer, Original
Defendant had hired the Plaintiff to perform professional services
for the Original Defendant.
B
Denied. By way of further answer, Original Defendant employed the
Plaintiff to perform profeBBional servf.cee for the Original
Defendant and the Additional Defendant was merely an employee of
Plaintiff and wae not employed by Original Defendant as an
independent contractor.
9
Admitted in part. It is admitted that the Additional Defendant,
while acting as a former agent and/or employee of Plaintiff, did
acknowledge by a letter to Original Defendant dated May 6, 1992,
that he would aseume responsibility for all charges with the
exception of $1,200. After reasonable investigation, the
Additional Defendant ie without knowledge or information sufficient
to form a belief as to the truth of the averment that the original
Defendant attempted to pay $1,200 to Plaintiff.
lO
Admitted in part and denied in part. It iB admitted that the
Additional Defendant had reached an agreement with the Original
Defendant on the amount the Original Defendant owed to Plaintiff,
It is denied that the Additional Defendant had acknowledged that
the Original Defendant had paid Plaintiff in full for any and all
services that Plaintiff rendered to Original Defendant. By way of
further answer, Additional Defendant had acknowledged to Original
Defendant that there was an outstanding sum of $1,200 due to
Plaintiff for field work by Buck Smith.
11
Admitted in part and denied in part. It is admitted that
Additional Defendant agreed to assume responsibility for and right
to contest a portion of the amount that Plaintiff claimed the
Original Defendant owed Plaintiff, It is specifically denied that
Additional Defendant agreed to aSBume responsibility for and right
to contest any amount due to Plaintiff in that it was specifically
agreed that Original Defendant would still owe Plaintiff $l,200 for
field time by Buck Smith.
12
The averments of Paragraph 12 state a legal conclusion to which no
response is required. To the extent that a responBe is required,
it is denied that Additional Defendant is liable to the Plaintiff
for any Dums and iB, therefore, not liable to Original Defendant or
plaintiff ,
NEW NATTBR
13
The answors to ParagraphB 1 through 12 are incorporated herein as
if set forth in their entirety.
14
The Additional Defendant had received authority from Plaintiff to
negotiate with the Original Defendant for the payment on
outstanding charges due and owing to Plaintiff by Original
Defendant for such work which Additional Defendant had performed on
behalf of Plaintiff for the Original Defendant.
15
Original Defendant and Additional Defendant had reached an
agreement that Original Defendant would pay to Additional Defendant
the Bum of $3, '/00 to satisfy the outstanding invoices for work
performed by Additional Defendant for Plaintiff.
16
Additional Defendant and Original Defendant agreed that the sum of
$1,200 due to Plaintiff for services rendered by Buck Smith, an
employee of Plaintiff, were BumB Btill due and owing by Original
Defendant to Plaintiff.
17
Plaintiff was made aware of and alJreed to the settlemont that
Additional Defendant had made with Original Defendant.
18
There is due and owing by Original Defendant to Plaintiff the sum
of $l,200, unless otherwise paid by Original Defendant.
19
Additional Defendant paid to Plaintiff the sum of $1,000 from the
funds received from Original Defendant, with the balance of $2,700
being retained by Additional Defendant as compensation due and
owing by Plaintiff to Additional Defendant.
20
There has been an accord and satisfaction as to the claim of the
Plaintiff, except for the outstanding $1,200 due to Plaintiff by
t~e Original Defendant.
21
Plaintiff has received payment for the sum agreed upon between
Plaintiff and Additional Defendant for services rendered by
Additional Defendant for the Origi.lal Defendant, except for the
outstanding sum ot $1,200 due to Plaintiff by Original Defendant.
WHEREFORE, Additional Defendant, Hichard Price, requests this
Honorable Court to order the following:
l. DismisB Original Defendant. B claim tOl' sole liability of
Additional Defendant to Plaintiff;
2. Dismiss Original Defendant.s claim that Additional Defendant
be made jointly and severally liable with Original Defondant; or
ReBPect~lY
/~
3. DismisB Original Defendant's claim or judgment over against
Additional Defendant by way of indemnification and/or contribution
for any and all amountB that Original Defendant iB ordered to pay
to Plaintiff.
Chr stopher , Esqu re
Attorney for Additional Defendant
Broujos, Gilroy & Houston, P,C,
4 North Hanover Street
Carlisle, PA 17013
717 - 243-4574
allowed for the filing of this pleading.
I have sufficient
Richard C. Price is outside the jurisdiction of the Court and the
verification of Richard C. Price cannot be obtained within the time
knowledge or information and belief as to the matters set forth in
this pleading and verify thet the statements in the foregoing
pleading are true and correct. I understand that false statements
herein are made subject to the penalti~,- f 18 PaCS 4904 ~elating
/
to unBworn falsification to autho~,~r:~
,/ /,/ ~/
..:./ I'~
CHRISTOPHER C. HOUSTON, ESQUIRE
unable to ascertain the truth of the averments in Paragraph 17 of
the New Matter and they are therefore denied and strict proof
thereof is requested at trial,
18. Admitted.
19. Denied, After reasonable investigation Defendant is
unable to ascertain the truth of the averments in Paragraph 19 of
the New Matter and they are therefore denied and strict proof
thereof is requested at trial,
20. No answer required. The averments of Paragraph 20 are
legal conclusions to which no response is required.
21. Denied. After reasonable investigation Defendant is
unable to ascertain the truth of the averments in Paragraph 21 of
the New Matter and they are therefore denied and strict proof
thereof is requested at trial.
WHEREFORE, original Defendant, Donald Hostetter, respectfully
requests that judgment be entered in his favor and against Plaintiff
and Additional Defendant in this action.
Respectfully submitted,
WOLFE & RICE
By: h. 'hl'd~//J{!;
! John /\,: Wolfe, Esq.
Attortteys for Defendant
47 West High Street
Gettysburg, PA 17325
2
S-DONHOS,ANS