HomeMy WebLinkAbout95-05074
~
.1
~
~
]
~
~
1
V)
T
j
.....,
...3
i
J i
Ji
I
')...
~
~
~I
~I
;
I
..
t;
t;
~\O~
'-S.~
~ ....
~N
~
~ ~~
~~~
f' ?cr::
-= 4I:~.
D- wt;7:.J
g:r;"':"::,
cD ....00...
N h..-rC;o.~
-.1 or,~J
,~ . ...'~.,
~~ J J~lj
.'" ~t:.;
~ :~:~~~'-:
. t: :L ,..,
f'h '"
Vi 0'-.
~
~
~
MeNUS. WALLACE. NURICK
>GO PINa .TltaaT
P. ..... ..... "
',IWlIII..UIIO, PA "'08
W, S, MILLER AND SONS, INC,
3001 Pike Street
paxtang, Harrisburg, PA 17111:
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTYrPEN~5!LVANIf'
NO, 91)- .5b '!~ ~~tUI. ud ''''.k4V'-
CIVIL ACTION - EQUITY
v,
HUNGERFORD INSULATION CO. OF
CENTRAL PA., INC,
95 South Wilson Avenue
Elizabethtown, PA 17022
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue a writ of summons in the above-captioned action.
The Writ of Summons shall be issued and forwarded to Attorney,
Diane M, Tokarsky, Esquire
McNees, Wallace & Nurick
100 Pine Street
P. 0, Box 1166
Harrisburg, PA 17108-1166
717-237-5354
Date: September J/ 1995
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN
ACTION AGAINST YOU.
L 6,u :~ r-t<- t. VJ.tA [It v
Prothonotary
Date:
f ). J. .. 1.'t-
'dd'L J J~LL;.u,
/ Deputy / Ii
I
by
~"'-
,~r:"';
~';~:
'~~'-
Kig'i,
l ".
~~;
'~~. ~
,,~!'t~ }
~~!~
i17;;:;_
n,;'
!,(.,
,-1.';
.~~~..
J-~~~
~r;
~"l:i,
fif:1
~~-;-"
\("-'"
4-i~
.
W, S, MILLER AND SONS, INC.
3001 pike Street
Paxtang, Harrisburg, PA 17111:
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-9'074
v.
CIVIL ACTION - EQUITY
HUNGERFORD INSULATION CO, OF
CENTRAL PA., INC.
95 South Wilson Avenue
Elizabethtown, PA 17022
PROOP OP SERVICE
I hereby certify that a true and correct copy of the Writ of
Summons in the above matter was served on the Defendant,
Hungerford Insulation Co, of Central Pa., Inc., by certified
mail, return receipt requested, on September 25, 1995. The
letter was received and signed for on behalf of Defendant,
Hungerford Insulation Co, of Central Pa., Inc" on September 26,
1995, A copy of the letter transmitting the Writ of Summons is
attached hereto as Exhibit "A". The original of the return
receipt is attached hereto as Exhibit "B".
By
17108-1166
Attorneys for plaintiff
Dated:
~j>-')A
,- - ,.
ItAVCt 0 a.o.Gt.[y
ALANA. BOYNlON..ln
lLltlC 1,., BR05SMAH
AQ8[Al'" CI'i[ARY
""'LlIAM A C",[!lNUn
04\(10 II OSN[Y
"''''''A[I.A OOC!RQIIt
tl.IZAB[n. A. OOU(,t<[~h'
MARV[Y'A[[OCNStAG
,JAfoltSL_'A1!Z
'RANCIS B I'iMS,.I"
W_J["RY ,JA.....OUN[.AU
JIotIOIA[L Q.,JARMAN
DAVID'" 1(l[PP1NG[~
K~AAOA ~BUS"[S.JA
[)(l"ANO'" ~NTl
EXHIBIT "A"
McNEES, WALLACE &. NURICK
ATTORNEYS AT LAW
.
,,'C......"O iii U'[\I[n
CAVIO [~,","''''N
CL 'et W j.l(IN!'fA[
,1il"""'LINA ""LlS...IA
"CeCAl A "'ILLS
Sf[~,",[N"'IoIOCA[
"[RBtA! iii huAl(:1'l
"CHN S O't'L[A
TlllolQ''"''J,p''S!(l:'
o..RYARlnEA
lCW"'AOW RO'''''''.....
c,o...... 5!f:;\I[N5 SCAOUto
ReB[A! 0 STttS
"""ARC w 5!["'["50N
C''''N[''' '00V<~j('
C"'",o'" w",ns ..A
100 PINE STReET
p_ 0 BOX lIG6
StEVEN J W[I~ATtN
PtULSVIotSt
NCANAN I _ITt
I.,AWA[NCt A WltCtA
WIlL""""'''' 'CVNG,"'''
HARRISBURG, PA 17106'1166
TtL[P"ON[ 11171 Z3Z 8OC()
r,u,1711IZJ1'5JOO
Of' COU"'SfL
nofl[AT '" GRlSWOlO
~"'U{L A. SC..R(CI'IlPllCw'V5T,,/A
(RoCN ...,..t'l'
OAVlO" 8#111.(11
JONAtlotAN C, I(A'"
pc" 0 DAVIS
"/,,"'tS III C~kCi(LO
J-\"'U P OCVC;t[ATY
......''''LttN''' OVNST
"CBCAT J GCC\J'O
September 25, 1995
Direct Dial:
717-237-5354
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Hungerford Insulation CO. of
Central Pa., Inc.
95 South Wilson Avenue
Elizabethtown, PA 17022
Re: W. S. Miller and Sons, Inc. v. Hungerford
Insulation Co., of Central Pa., Inc.
Dear Sir or Madam:
SCOT T A GOuLD
ROBERT Q IofMS
BAlAN". J"'CM.5CN
001'4"1.0 II ......U''''''''N
..tC;.."'tI.A....[LL['
PCT[A'_IilA'UC
...""'tS W MUTl
"'''''LltC_'''''-AION
$HAIIOH A PMTON
C14uCHQ H, PH"""
JCNATIofAN '" AUOO
eRUC( A sP'CER
CAACl. A. Sttl~OUA
CAtH''''N( t, ..".....T["5
O(RAIC-''' 'IfILUAI<ofSON
This office represents W. S. ~Iiller and Sons, Inc. ("WS~I")
in connection with the above-referenced matter. As you are
aware, WSM served as the general contractor for the construction
of a residence for Mary E. Milligan, 31 Beach Farm Road,
Wormleysburg, Pennsylvania 17403. Your company served as a
subcontractor on that project.
I
Since completion of the project, Mrs. Milligan has alleged
deficiencies with respect to your company's subcontract work,
among others. As a result, Mrs. Milligan has refused to release
a substantial amount of money to WSM which we contend is due and
owing under the contract. We have attempted on repeated
occasions to try to reach an amicable resolution of this matter
with Mrs. Milligan, but to no avail. We have been advised
recently that Mrs. Milligan will definitely not release the money
due WSM and may, in fact, initiate litigation against WSM because
of the alleged deficiencies.
In order to toll the running of any statutes of limitation
with respect to any claim which WSM may have against your company
arising out of your subcontract agreement, WSM has caused to be
issued a Writ of Summons against your company, among others. We
hereby enclose and serve upon you said Writ.
Please be advised that the purpose of the Writ is merely to
toll the limitations period. At this time, WSM does not intend
.
Hungerford Insulation Co. of
Central Pa., Inc.
September 25, 1995
Paye 2
to file a Complaint and engage in litigation, unless compelled by
a party to do so. The Writ does not require any response on your
company's ~art. However, you should consult your leyal counsel
regarding your rights.
It is still our hope to resolve this matter with Mrs.
Milligan in an amicable fashion. We will keep you advised of any
developments and may contact you regarding information relating
to Mrs. Milligan's claim, If you should have any questions
regarding this matter in the interim, please contact either me,
Barry Cassel of WSM or Steve Duffie of H. B. Alexander, Inc. My
direct dial number is (717) 237-5354.
Thank you for your cooperation.
Very truly yours,
DMT/sc
Enclosure
cc: Mr. Barry Cassel
Mr. Steven Duffie
MCNEES,Ii. WAL~;~;Pj
By :t/ltllf $Vi'J'tZf.}4/
Diane M. TOkar~