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Home My WebLink About00-01457 ~ .'un [J't Lib U3: 441" FREY and TILEY 7172436441 1'" 1 . FREY & TILEY AITORNEYS-AT-LAW S SOUTH HANOVER STREET CAlU.ISLE, PENNSYLVANIA 17013-3385 ROBERT M, FREY OF COUNSEL PHONE (717) 243-5838 FAX (717)243-6441 STEPHEN O,l1LSY ROBERTG. FREY FACSIMILE TRANSMITTAL MEMORANDUM TO: Paul Zeigler, Esquire FAX: 920-8421 FROM: Robert G. Frey FAX: 717-243-6441 DATE: 6nt05 RE: Jones v. Wagner et al., 2000-1457 We are transmitting a total of 2 pages to you, including this cover page. Please advise if the copy quality is not adequate. -- n__ n'_ --__ ___ __n_.___ n_' ____n__ Messa ge-- ______ ____._n __n_____n_ ____ _ __n_ _ . I am writing to respond to your voice mail message of yesterday. I am enclosing a copy of the praecipe dismissing the above-referenced matter. Please feel free to contact me if you need anything further Sincerely yours, ~J.. Robert G. Frey c: _'_'_", _"".,.',,___._., _ ,_.,_; .'- - . in Uf U::> lJ<I:'l-'l-p 7172436441 FREY and TILEY , DONALD G. JONES and KAY A. JONES, Plaintiffs . IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY,PENNSYLVANIA : CIVll.. ACTION - LAW : NO. 2000-1457 CIVll. TERM vs. FRED WAGNER and RICK BROWNA WELL, t/dlb/a, F &R Framing & Roofing, Defendants : ATLAW To: () ~ ~ ~ l:.t[-i! r_ !'7:rn c: "/"-", ~ ~ ~~~.: ~ ~t:.: ~~f. -; -0 . =.:: .::.('-., >c f..:l ~ .c.l The Prothonotary of the Court of Common Pleas of Cumberland County, Penns~anl@1 PRAECIPE Please dismiss the above-captioned action with prejudice and mark it satisfied. dated: June 7, 2005 Prey & Tiley, Attorneys for Plaintiff '~!J By: \ . Robert G. Frey, Esquire Supreme Court Nurnber 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 (l;J1!1 , ".-~~~ . -, ".', ,.,.<"".,- '~'~'I ~"'I p.2 o 'TJ :i!.." .n,.? "m :00 St.-:' -r-ri R:D '-C) iSm -"I ~ :.<: , LAW OFFICE PAUL L. ZEIGLER, P.C. 300 BRIDGE STREET, SECOND FLOOR P.O. BOX B NEW CUMBERLAND, PENNSYLVANIA 17070 (717) 920-8420 FACSIMILE: (717) 920-8421 oaullzeialer[Q)eoix.net January 11,2005 '82 7.-4-::;5 , Robert G. Frey, Esquire 5 South Hanover Street Carlisle, P A 17013 RE: Arbitration Cumberland County Donald G. Jones And Kay A. Jones v. Fred Wagner and Rick Brownawell, t1dJb/aI, F&R FRAMING & ROOFING No. 2000-1457 CIVIL TERM January 11, 2005 @ 1:00 p.m. Dear Mr. Frey: This is to confirm our telephone conversation of January 11, 2005, at 10:00 a.m., at . which time you requested a continuance, by virtue of the fact that a witness or witriesses you had requested, could not be available. I granted that continuance on the following conditions: 1. You will contact all parties immediately to advise them that they will not need to appear for the arbitration as was originally scheduled for this date; 2. You will take immediately steps to relist this matter for arbitration, to include scheduling of all parties and the arbitration panel. 1 would ask that your efforts to reschedule this matter move immediately. Please also remember that you will need to contact the Court Administrator to ascertain the availability of the hearing room on the second floor ofthe Old Court House. Should you have any questions, please contact me. yours, igler PLZ/em cc: Ralph H. Wright, Jr JeffieyN. Volfe, Esquire Mark Mateya, Esquire Rick Brownawell ~ ~^ ~_ .L '^",'^"_~__' I~ , ,~ 1- - - - - ~ , LAW OFFICE PAUL L. ZEIGLER, P.C. 300 BRIDGE STREET, SECOND FLOOR P.O. BOX B NEW CUMBERLAND, PENNSYLVANIA 17070 (717) 920-8420 FACSIMILE: (717) 920-8421 oaullzeialeraileoix.net December 21,2004 Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 Mark Mateya, Esquire P.O, Box 127 Boil Springs, P A 17007 Rick BrownaweIl Lot #161 Big Spring Terrace Newville, PA 17241 RE: Arbitration Cumberland County Donald G. Jones And Kay A. Jones v. Fred Wagner and Rick Brownawell, t/d/b/aJ, F&R FRAMING & ROOFING No. 2000-1457 CIVIL TERM January 11, 2005 @ 1:00 p.m. Dear Gentlemen: Your case will be heard on January 11, 2005, at 1 :00 p.m. at the Old Courthouse, Second Floor Hearing Room, Carlisle, Pennsylvania. igler PLZ/em ~ "- . ~ . .'-'>"10"'--- LAW OFFICE PAUL L. ZEIGLER, P.C. 300 BRIDGE STREET, SECOND FLOOR P.O. BOX B NEW CUMBERLAND, PENNSYLVANIA 17070 (717) 920-8420 FACSIMILE: (717) 920-8421 o8ullzeialerilileoix.net December 21,2004 JeffreyN. Yoffe, Esquire (Arbitrator) Yoffe & Yoffe, P.C. 214Senate Avenue, Suite 203 Camp Hill, P A 170 II Ralph H. Wright, Jr., Esquire (Arbitrator) 301 Market Street P.O. Box 109 Lemoyne, P A 17043 RE:. Arbitration Cumberland County Donald G. Jones And Kay A. Jones v. Fred Wagner and Rick Brownawen. tJd/b/al, F&R FRAMING & ROOFING No. 2000-1457 CIVIL TERM January 11, 2005@ 1:00 p.m. Dear Attorneys: I am enclosing a copy of the Complaint, Defendant's Answer with New Matter, and Plaintiffs Reply to Defendant's New Matter for your review in anticipation of the arbitration hearing scheduled for 1 :00 p.m., January 11, 2005, at the Second Floor Hearing Room, Old Courthouse, Carlisle, Pennsylvania. \ I Ii. -~~~~-. Paul L. Zeigler PLZI em Enclosure ,- ',~,--, '.-. ,,' ",,-'- - ~ . . , -'--1"" ~, ~ ~ ,'-- --- -'-'"',."'''c''''',,,' .'_'".-.. ,_~'_' .'" f_, ;'1- - , -', It!aQ7UiJ ;J 7 t (hu~k:u;;({) 12nl-j 7Zf!({,,zUt/v jJ~ /7 ;J C; / I3tl~1l'724tUdl" ;(d,/I/6/ (3"1J--.J4y~~ 1//jIl.-t-CL' '7/J1!r/tlj.L(e./ II;J/l-i~;!~/ \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. TERM OATH We do solenmly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Chairman AWARD . We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. (insert name if applicable.) Date of Hearing: Chairman Date of Award: NOTICE OF ENTRY OF AWARD Now, the day of , 20_, at _:_, _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Artibitrators'compensation to be Paid upon appeal: Prothonotary $ 290.00 By: Deputy I VS. : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-1457 CIVIL TERM : ATLAW DONALD G. JONES and KAY A. JONES, Plaintiffs FRED WAGNER and RICK BROWNA WELL, tJdlb/a, F&R Framing & Roofing, Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert G. Frey, Counsel for 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 $12,100.84. The counterclaim of the Defendant in the action is $-0.00-. The following attorneys are interested int he cas~ a.s coun~l-or are otherwise disqualified to sit as arbitrators: Robert G. Frey, Stephen D. Tiley, Peter J. Russo. WHEREFORE, your petitioner prays your Honorable Court to appoint threee (3) arbitrators to whom the case shall be submitted. Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 ORDER OF COURT Esq., Esq., and captioned action as prayed for. BY~'~ P.J. ~l!~' ,~ ,-'I if,j~WiiiilMil!I~~;,i;til!siI~!!~~:ili!E!iir~~"~~~~iM''''- ~ >- C 0/ a; Lt. j.:,:: 1:_", ~ N ~c.... 0 ~~ ~~:~ 'Is' rn ~ :...L. ' c... c:....-- 10 l.i) of=: ::'j ........ I () CO ~ aCc::: .,",,-. wo_ '/ -::ljl: ::l\:- f~~~ >- \.i) "l~! :':~~~ ~f 6 c::<: 1- :iC '-":';; '"'- I...'..... ,..,.. ,.~ 0 = =) ~ = (.) "" ~IIJJM .~~,~". ""- .- ....~-~ '" <'I~.a;k ([to. .- 'iiMl;1~UliIIii!iIiIil~A FiLED-OFFICE OF ThE: PROTHOI\!OTNW 200~ riA Y 19 Ai'lIO:59 CUMr-;,.C:;i i;.''''-' r:.n..u'".,-..,.. . '..d.... ,l"" ,j,' I -./ - I,'V" PE,j\li\iSYL\;~~r'JI:l\ ,,';, ~ '-./\ ~ - '. I I ~ ~ DONALD JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRED WAGNER and RICK BROWNA WELL, tJd/b/a, F & R FRAMING & Roofing, Defendants NO. 2000-1457 CIVIL TERM CERTIFICATE OF SERVICE This is to certify that copies ofthe foregoing Defendants' Proposed Order, First Motion to Compel Answers to Defendants' Interrogatories and Request for Production of Documents and Memorandum of Law in Support of Defendants' Motion have been served on the following persons via United States First Class Mail, postage prepaid, on June 27, 2001, addressed as follows: Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 Attomey for Plaintiffs ~~ Peter J. Russo, Esquire Attomey for Plaintiff DATED:June 27.2001 .;\l!C,~ , - - r[ ~" ~o _ .. I, -\~ ... 11II, . " iIlI~~~1I!ilI . '""c ,.; 0' ,O~"~"=_"__ (") C ~~ L:_', en",.- [=;: ~-flf$~': ::::., ;:::) ""< "' . lIllnf C') L... 1''::'::: i",) - '''', " ;-'---, ~.-' ---'.-' .-.,,1ry.,, __~~W,~f'>>fl?P~:~'l1_~~~iI8~, ~ilf.l~~,,,,,,,,,,,,,II!,OI~~ '~t'.t<,_; -, -?:"':'!AII ,. JUL 032~ DONALD JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRED WAGNER and RICK BROWNA WELL,tJd/b/a, F & R FRAMING & Roofmg, Defendants NO. 2000-1457 CIVIL TERM ORDER J..u.I'/ AND NOW, this !lJ ~ day of ~ 2001, upon consideration of Defendant's First Motion to Compel Answers to Interrogatories and Request for Production of Documents and Memorandum in support thereof, it is hereby ORDERED AND DECREED that the Motion is GRANTED and PI' tiffi hall <:, <: 11 ~"...# I~ .s-c.-:"... {1" tl ' ~. ;~ "'d''''n. <: am S S Mtj J.I1.Y :ilA:d- seRif) e.t", r",.l1~wers to .LIe en aIlIS ltlLeuu~aLUl1e~ a11 .L'\..<.ql,.l."'.Jt; ...er j b clAy ~ '1 ..oN,":" '1 -u..; ".,J..r . HrQrll1MiSR afDvvulIlelfti) (JCf\ed 0111/~L~(91) "I~';thin t~ (1 ~ aays eft-ke aate 8fH~" Oldel or suftel ~pprQPr1atli' BanetieBS t!f)8B 8flfJlieatisB ts tfte CaHrt. BY THE COURT /fL. J. lliiIUIt!lIl8M '~~ 'liiiIiIIiillll ~:~~~~~~<1Ji;lIlIliili~, .......- ~~'~~i!lIr&-~"" ~I"'" " ~~ ~ . ~W i~ j-~ Cl d , - , <S \' . . "'f ,/'/, ., ( ;,~ it) C! f.1 ,'. '<//1'/'.. ... '-'"/1','. _ . ;;; Pf~/~"-'/'/' i: ^_ '. .....Il~'i/('., ."--" ( ':', VU'y/ I". '~""..I;' /~r'.", l...!~"'i/\l~1 '''i V J F" I.,! _~f~,~'t&t~, ~. ~~ ~- ","".-<,' -", ""~'-~ ~.~ 1<." .1' , , DONALD JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRED WAGNER and RICK BROWNA WELL, t/d/b/a, F & R FRAMING & Roofing, Defendants NO. 2000-1457 CIVIL TERM DEFENDANTS' FIRST MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS Defendants, by and through their attomey, Peter J. Russo, hereby move this Court to enter an Order compelling Plaintiffs, Donald Jones and Kay A. Jones, to file full and complete Answers to Defendants' Interrogatories and Request for Production of Documents directed to Plaintiffs, and in support thereof states the following: I. The above-captioned matter was commenced on March 14, 2000. 2. Counsel for Defendants served Interrogatories and Request for Production of Documents upon Plaintiffs on January 21,2001. (A true and correct copy of the Interrogatories is attached hereto and marked as Exhibit "A;" a true and correct copy of the Request for Production of Documents is attached hereto and marked as Exhibit "B." A true and correct copy of Certified Mail Return Receipt signed on January 29, 2001 by Sharon Devos, Agent of Plaintiff's Counsel, is attached hereto and marked as Exhibit "C. ") 3. By letter dated June 6, 2001, Defendants' counsel requested that Plaintiffs' counsel serve Defendant with a response to Defendants' Interrogatories within fifteen (15) days. A copy of this letter is attached hereto as Exhibit "D." 4. As of the date of the filing of this Motion, Plaintiffs, and their counsel, have failed to file "I\1ij~, 'o'~ .- ''''1'!>\I ~ .' answers or responses to Defendants' Interrogatories and Request for Production of Documents and, consequently, their answers and responses are overdue. 5. Defendants are in need of Plaintiffs' answers, responses and responsive documents to the foregoing discovery requests and Plaintiffs' failure to answer the same impedes and jeopardizes Defendants' ability to defend this case. WHEREFORE, Defendants, Fred Wagner and Rick Brownawell, tld/b/a, F & R Framing & Roofing, respectfully move this Honorable Court to enter an Order directing that Plaintiffs answer Defendants' discovery within ten (10) days or suffer further sanctions@~ Peter J. Russo Attorney for Plaintiff Dated: June 27. 2001 = , I . to' ." ," EXHIBIT A ''''~, ,- '" ,-' ,.-,'-,' ,'-", - ,-,-, ,_"Co; '" -" i -" -' _ '-, - " ' 1"'" , ~ ~.'..'.'- :!\;' .'-." (. "'..~ :,::." i." " ;:. -. - ~~ PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tla/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW .6 Ij 1\5 PLApqIFF'S INTERROGATORIES TO DEF~ANTS " (First Setl TO: DONALD G. JONES & KAY A. JONES clo Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 AND NOW, this ~~ay of January, 2001, comes the plaintiff, by and through its attorney, Peter J. Russo, Esquire, hereby serves and propounds to the defendants, DONALD G. JONES & KAY A. JONES the following interrogatories to be answered fully under oath, in accordance with Pennsylvania Rules of Civil Procedure. The Answers to the Interrogatories shall be inserted in the spaces provided in the Interrogatories. If there is insufficient space to answer the Interrogatories, the remainder of the Answer shall be supplied on a supplemental sheet. The defendant shall file and serve a copy of the Answers within thirty (30) days after the service of the Interrogatories. In answering these interrogatories, furnish all information which is available to you, including in the possession of your attorneys or investigators, and not merely such information known of your own personal knowledge. If you cannot answer the following interrogatories in full after exercising due diligence to secure the information to do so, so state and answer to the extent possible. If any information requested in these interrogatories is withheld pursuant to a claim of any privilege, state the privilege claimed to each item of information and describe such information in the most precise manner possible consistent with such claim of privilege. q .<, ' . . . ' In answering these interrogatories, the following definitions shall apply: DEFINITIONS A. The term "document" or "documents" shall mean any written, recorded, filmed, or graphic matter, whether produced, reproduced or on paper, cards, tapes, film, electronic facsimile, computer storage devices or any other media, including but not limited to, memoranda, schedules, notes, minutes, records, employment files, case files, pleadings, photographs, slides, correspondence, telegrams, diaries, bookkeeping entries, financial statements, tax returns, checks, check stubs, reports, studies, charts, graphs, statements, notebooks, handwritten notes, applications, agreements, books, pamphlets, periodicals, appointment calendars, notes, records and recordings of oral conversations and work papers. B. The terms "defendants" refers to DONALD G. JONES & KAY A. JONES and/or agents or representatives acting on defendants' behalf. C. The terms "you" and "youl' refer to defendants and/or agents or representatives acting on defendants' behalf. D. The terms" DONALD G. JONES & KAY A. JONES" refers to defendants DONALD G. JONES and/or KAY A. JONES and/or agents or representatives acting on defendants' behalf. E. With respect to documents, the term "identify" means to give the date, title, author and addressee; identify with respect to documents further means: (I) to describe a document with sufficiently well to enable the Interrogator to know what such document is and to retrieve it from a file or wherever it is located; (II) to describe it in a manner suitable for use as a description in a subpoena; (III) to give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. F. The terms "describe in detail" and "set forth the factual basis" shall mean to describe fully by reference to underlying facts rather than by ultimate facts or conclusions of facts or law and to particularize as to time, place and manner. G. The term "identify" when used with reference to an individual person shall mean: (I) to state his or her full name (or if not known, provide sufficient description so that he or she will be identifiable to the recipients of your answer); (II) present residence address or last known residence address (III) job title; (IV) employer or business affiliation; (V) last know business; (VI) whether employed by any party to this action and if so, the dates ~,,~~~ ,~, "-,'''' T'I t .- . , .' he (she) was employed by such party, the name of such party, and the last position held as an employee of such party. H. The term "identify" when used with reference to a document or written communication shall mean to state the type of document or communication (e.g., memorandum, employment application, letter, handwritten notes, etc.) to state its date, briefly describe its contents, its author (and if different, the originator and signer), and to identify the person (or if widely distributed, the organization or classes of persons) to whom the document or communication was sent. You may produce the document or written communication in lieu of identifying it. I. The term "identify" when used with reference to an oral communication, discussion, conversation, meeting, conference, orany other oral statement, shall mean to describe in detail the substance of, to state the date and location of, and identify the participants in each such communication, discussion, conversation, meeting, conference or statement. J. Whenever the expression "and/or" is used in these interrogatories, the information requested should be set out in both the conjunctive and disjunctive, it should be given separately for each and every element sought. INTERROGATORIES (FIRST SET) 1. State the name and address of all business, corporations, sole proprietorships, partnerships, entities or other business organization in which the defendants maintain a financial or business interest. 2. With respect to Interrogatory Number 1, please state the nature of each respective individual's interest in each business. ~m' ~ , . -. " . ,.~, '"'. - - '- ,- - ". II 3. With respect to each defendant, please state whether each has ever used or been known by any other name. If so, state the other name or names used and the dates thereof. 4. With respect to each defendant, please state whether each has ever been convicted of a felony, or a misdemeanor involving crimen falsi. If so, state: (a) the date of conviction; (b) the name of the offense; (c) the name of the Court, County, State and Number; (d) the sentence; and (e) the time served and at what institution. )"U.. ,.- ;'-11 . .~ " _')1 5. Identify all the individuals or companies that did work on the properties which are subject to this complaint, specifying what work each individual or company completed. ", - a_ _~, _ ,_ __,__~, _ -~ ~, . 0 " I' 6. Identify all experts the defendant plans to use at trial, providing: a. Name; b. Address; c. Qualifications; d. Summary of testimony; e. Reports produced by the expert 7. If you and/or your attorneys expect to call witnesses at the trial of the above-captioned matter to testify to opinions relevant to the liability or damage issues in this action, set forth the following information with regard to each such witness: a. His or Her Name; b. Address; c. Qualifications; d. Summary of testimony; 8. As to each person identified in answer to Interrogatory No.7, , state as to each whether you have a statement from that witness as well as from the parties to this suit, their agents, servants, representatives, employees or insurance carrier and, if so, please attach a copy of the statement. If said statement is a stenographic, mechanical or electrical recording, or a transcription thereof, please attach a copy of said transcription. Also include the following information: (a) the name of the person taking such statement; '~'--~ -_" . (>..' t,,,", ' I " (b) when it was taken; (c) where it was taken; and (d) the method by which it was taken. 9. Please attach copies of any investigative report and please describe the nature or existence of any physical evidence including a description thereof and information regarding its content and condition, as well as the identification of the person who has custody of said information. 10. Have you or anyone acting on your behalf obtained from any person any statement concerning this action or its subject matter? If so, state: (a) the name and last known address of each such person; ;"" ~. - ';" '" ~" (b) when, where, by whom and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; (c) the name and address of any person who has custody of any such statements that were reduced to writing or otherwise recorded; and (d) please consider this a request to produce those statements referred to in the above answer and attached copies hereto. 11. Have you given any statement concerning this action or its subject matter? If so, state: (a) the name and address of each person to whom a statement was given; (b) where each statement was given; and I ,"-'-, ~~ I (c) please consider this a request to produce the statements referred to in the above Interrogatory and attach copies hereto. 12. Do you know of the existence of any photographs, diagrams, or models of the surrounding area or the areas in question which is the subject of the Complaint? 13. If the answer to the preceding Interrogatory is in the affirmative, state: (a) the dates when such photographs, diagrams or models were made; (b) the name and address of the party making them; (c) where they were made; -,.--'.] "-'C . . (d) the object(s) or subject(s) each photograph, diagram represents; and (e) please consider this a request to produce the photographs, diagrams and/or models referred to in the above Interrogatory. 14. Please provide the name and address of the individual or company who installed and/or moved the fireplace and/or duct work in the subject property. ~~~- Peter J. Russo Date: Wednesdav. January 24. 2001 '-1ill ~ ,'" -. ~',-"'- ,~ I - -,~ ,~" PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs v. FRED WAGNER and RICK BROWNAWELL, tla/d/b/a, F&R FRAMING & ROOFING Defendants Attorney for Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-1457 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day serving a copy of the DEFENDANTS' INTERROGATORIES AND DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed with Return Receipt Requested as Follows: DONALD G. JONES & KAY A. JONES clo Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 Date: 1.h;)~ j n I , ~.. "-~ -"-\'~ --, I' QL~ Peter J. Russo EXHIBIT B -t~, ,'" _ _", m- 'Co ,~ - r f""'~ - " ~' ;o~":~ " L..,__.. ,. ..:,..... PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1;Y, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tJa/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW REQUESTS FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF'S (First Set) TO: DONALD G. JONES & KAY A. JONES c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 The Defendants, hereby serve upon the Plaintiffs the following written request to produce the documents described below for inspection and copying by the undersigned. Pursuant to Rules 4003.4 and 4009 of the Pennsylvania Rules of Civil Procedure, you are hereby requested to produce the documents described below for said inspection and copying. The documents requested are to be produced at the Law Offices of Peter J. Russo, 5010 East Trindle Road, Mechanicsburg, PA 17050 within thirty (30) days after the service of this Request upon counsel for Plaintiffs. DEFINITIONS AND INSTRUCTIONS A. As used herein, the word "document" means any writing or record known to you or your attorneys, of any type of description, including, but not limited to, originals and copies of correspondence, letters, contracts, agreements, statements, telegrams, telexes, ~ -.- ~"'~,,~ ,~, . "I ; 'I ~, ~ intraoffice communications, memoranda, reports, publication, certificates, notes, notebooks, diaries, minutes, computer tapes, cards and printouts and all other photographic and retrievable date (whether incarded, taped or coded electrostatically, electromagnetically or otherwise), photographs, videotapes, photographic films, motion pictures, microfilm, tape recordings, transcripts of telephone conversations, and all other documents and material, including any non-identical copy (whether different from the original because of alterations, notes, comments, or other material contained therein or attached thereto or enclosures therein or otherwise) and whether it is a draft or final version. B. As used herein, the word "correspondence" includes written communications and oral communications, whether in person, by telephone, by mechanical or electronic reproduction or otherwise. C. With respect to documents, the term "identify" means to give the date, title. author and addressee; identify with respect to documents further means: (1) to describe a document sufficiently well to enable the Interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (2) to describe it in a manner suitable for use as a description in a subpoena; (3) to give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. D. "Identify" when used in reference to an individual means: (4) to state his/her full name; (5) present residence address or last known residence; (6) present or last known business address; (7) present employer or last known employer; (8) whether ever employed by any party to this action and, if so, the dates he (she) was employed by such party, the name of such party, and the last position held as '-lj ,- . .-- ~ ,--~ . - I, " an employee of such party. E. Whenever the expression "and/or" is used in these Interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. F. Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then the approximate date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. G. The terms "Plaintiff" refers to DONALD G. JONES & KAY A. JONES and/or agents or representatives acting on their behalf. H. The terms "you" and "your" refer to DONALD G. JONES & KAY A. JONES and/or agents or representatives acting on their behalf. I. The terms "DONALD G. JONES & KAY A. JONES" refers to Plaintiffs, DONALD G. JONES & KAY A. JONES and/or agents or representatives acting on their behalf. DOCUMENTS. REQUESTED 1. All documents identified and/or referred to in Plaintiffs' answers to any set of pleadings or interrogatories propounded by Defendants. 2. All documents, communications, graphs, charts, tables, statements, records, receipts, computations, and items to be produced or introduced at trial. 3. All pictures taken by the Plaintiffs relating to this litigation or the structure that is the subject of this litigation. 4. The entire, if any files and any other documentary material in your possession which support or which in any way is related to the allegations contained in the pleadings in this action: (excluding reference to mental impressions, conclusions or ~,'il- _ _ "" ,'t ! I ., opinions representing the value of merit of the claim or defense, strategy or tactics in privileged communications from and to counsel). 5. Any and all statements recorded or written signed or unsigned concerning this action from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 6. The original or legible copy of any and all statements, reports, memoranda setting forth the facts disclosed in any and all inspections or investigation with reference to the above-captioned claim being in your possession or under the control of your agents, servants, workmen and/or employees or counsel except for the personal notes or impressions, conclusions, or opinions respecting the value or merit of the claim 7. All writings, statements, descriptions, report of incident, and any and all documents in your possession or for your insurance carrier, and/or your counsel, or any of you, its or his agents, servants, workmen, employees, pertaining to the incident which has become the subject of this litigation; however, you may excise or delete any references to mental impressions, conclusions or opinions representing value or merit of a claim or defense respecting strategy or tactics and further excluding privileged communications from counsel. 8. Any and all reports or documents obtained from any government agency, fire or police department pertaining to the incident which has become the subject of this litigation. 9. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 10. Reports of any and all experts who will testify at trial. 11. All exhibits defendants will use at trial. <,'m ,~ " 12. All invoices, billing statements or other documentation referencing any and all work completed on the subject property. C:~-P Peter J. Russo Date: Wednesdav. January 24. 2001 " ""," -I- ii'" , ~~ PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tJa/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day serving a copy of the DEFENDANTS' INTERROGATORIES AND DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed with Return Receipt Requested as Follows: DONALD G. JONES & KAY A. JONES c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 ~. Peter J. Russo Date:~ , "._ _,0. __10 r I . ., . ~ EXHIBIT C '.,~ . u' , _~_ '-"-, "', ,-~- _ -", -,-", ' _ 1'1" - . -, j~~." "., """ -~,- '~r__. .........,..-, - "',""'''''', , .. ""-"-"."~<'-<V ~ L ': la your RETURN ADDRESS completed on the rever.. aide? " ;r6) .. . ...(1) ~ ~ U");;-- ~ li~nid~ o ~ U> ~ Ii "O;~!lIS'li""C 3 C;<I'R""~" .~, ~~n!D lii' :J:, ~ Ci'C I. ~ .I~ . ~' -J ') ~ E!'f if [f~~ ' i 2 1€1... IS. ~ g ~~ . i w ~[ Ii j i I ,5-\ !~~Sl.1 ('>;:; is g i . 0- II ~ ~ f~ ! i 11 II i it I ; ~ i i I ~ ~ !If II ~ ~I~ ~ i I if ~f~ !~ . -< j I ~ ;j a' 3 CD !!l. o' :rJ ~ 3 :rJ g ~. - ~ .. I OOI!ll 8 ~ 'M" - c&f Thank you for ualng Return Receipt ServIce. , "'I '( -. ~ , . EXHIBIT D 'kIr!<r ".' "'7'",' ,,'., ,'t.'. : " ,"~"'~" ':'. '_~'.' "~' ~ ",' 'I' -- , ' "',' , , " ~~~ ATTORNEY AT LAW Suite 200 . 5010 East Trindle Road Mec:hanicsburg, PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 Offi:es in Carlisle, PA Wednesday, June 06, 2001 Robert G. Frey.. E re 5 South H er Street Carlisi A 17103 RE: Jones v...Wl!aner Dear Mr. Frey: Defendants' Interrogatories and Request for Production of Documents were served upon you on January 21, 2001. We still have not received any response from the Plaintiffs. This letter is to inform you that if we do not have a response within fifteen (15) days we will be forced to file a Motion to Compel. I regret to take this staunch position, but this matter has lain dormant for too long, and I intend to list the matter for trial in order to get things moving again. Very truly yours, ~. Peter J. Russo PJRljah Please Reply To: MECHANICSBURG OFFICE ~,r . , ,,'~~ . , . .". ." . ,,'t - 1~!!Il~~!!m"'J~",".9lII_...... -~.",J~~ .u -.. .~ ~" ""~~,_w ___~_ " "_'.L " ".",,'" ". . ,; ~2 ;~ () '--1 ......; .. r::~:::: ~- .- .. : .. " (f) f'''.) , . . '. ~7 ~ ;,0. , .. O. , .'. ::> ..,..1 ":;'1 -< =< lil!a!ll!LII!~!~~J;)I;l!iiI"",",~1I'l1i!!. ~,__lIlij"~_~~~ _~ -~-- " JUl 0 3 2001~ ~ . . , DONALD JONES and KAY A.JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRED WAGNER and RICK BROWNA WELL, tJd/b/a, F & R FRAMING & Roofing, Defendants NO. 2000-1457 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' FIRST MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS Defendants, by and through their attorney, Peter 1. Russo, hereby move this Court to enter an Order compelling Plaintiffs to file full and complete Answers to Defendants' Interrogatories and Request for Production of Documents, and in support thereof aver as follows: Counsel served Interrogatories and Request for Production of Documents upon Plaintiff's Counsel on January 21,2001. Pennsylvania Rule of Civil Procedure 4006(a)(2) requires that an answering party supply responses and objections, if any, to written discovery within thirty (30) days. Plaintiffs have not answered the Interrogatories and Request for Production of Documents, objected or filed for a protective order in conjunction therewith. The information requested contains necessary and relevant information with regard to claims being asserted in the within cause of action. These requests are reasonable in scope and number. It is imperative that Defendants receive the information requested forthwith in order to defend their case. "l'Ii1!l1l1 "<~ __ ,M ,'- 'IT' .. ~ t . w . . Defendants are entitled to an Order compelling Plaintiffs to answer Defendants' discovery request pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendants respectfully request that this Honorable Court compel Plaintiffs to answer fully and completely Defendants' Interrogatories and Request for Production of Documents within ten (10) days of the date of the Court's Order or suffer appropriate sanctions upon application to the Court. B~ Peter J. Russo, Esquire Attomey for Plaintiff Dated: June 27.2001 2 - f-I 0: ~)j~',--:~ . "...., PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, t1aJd/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW NOTICE OF SERVICE OF DEFENDANTS'INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: The Prothonotary This is to certify that on this day, I, Peter J. Russo, did serve a copy of DEFENDANTS' INTERROGATORIES AND DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS to Defendants, DONALD G.JONES & KAY A. JONES, through their counsel of record, Robert G. Frey, Esquire, by depositing a copy of same with the United States Postal Service, with first-class postage prepaid and return receipt required, which was addressed as follows: DONALD G. JONES & KAY A. JONES c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 @tfUIlY Submitted, ~9o Peter J. Russo Date: ~ i'l~~.,.., -, " - - . ,-" '-,'" l, - r- ~ " !lII1 ",... i I I '-'0'J1f1lll , PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 5010 EastTrindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tJaJd/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed with Return Receipt Requested as Follows: DONALD G. JONES & KAY A. JONES c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 0h~ Peter J. Russo Date: U';:;llJ /0\ < ',"._-,'. '"":.,- , - , 1-' ",0 ~ ~ =\~ ., "0. H "' l!lI!iII~l'\I!lI!llllll'lJ~.llr!!1 .t "" I!!I!. ~" "'> ~ ". .-"~, - " -<""~":-r'''''''' ....".. ~; 0 0 C c: '-n <:' <:... uf:B "'" mtn z :D Z~ ~, -urn zs.,; N ~z C11 ~S? ;<0 .._-j;"~) -0 "1'- -r, ~o :x -'~-'n ~o :i>O N 6fn C Z >:* ~ =< (Xl -< ~1,;,m~~'W,.~~~~~ij~il~I~~~ ",,,"~J:": '::''% SHERIFF'S RETURN - REGULAR ,. ( ,m NO: 2000-01457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JONES DONALD G ET AL VS Wl\.GNER FRED ET AL , Sheriff or Deputy Sheriff of SHAWN HARRISON Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon Wl\.GNER FRED T/D/B/A F & R FARMING & ROOFING the DEFENDANT at 0014:25 HOURS, on the 22nd day of March 2000 at 275 CREEKVIEW ROAD NgWVILLE, PA 17241 by handing to FRED WAGNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service J,ffidavit Surcharge 18.00 8.68 .00 10.00 .00 36.68 So Answers: r~nr.<~~< R. Thomas Kline 03/23/2000 FREY & TILEY - Sworn and Subscribed to before By: me this 7 ~ day of 0". -I .vrnJ A. D . ~a fh.;i,., $tr' P othonotary J '~~ "~- '"-:1 SHERIFF'S RETURN - REGULAR ...' .C.'.iJE NO: 2000-01457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JONES DONALD G ET AL VS Wl\.GNER FRED ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BROWNAWELL RICK T/D/B/A F & R FRAMING & ROOFING the DEFENDANT , at 0014:25 HOURS, on the 22nd day of March , 2000 at 275 CREEKVIEW ROAD NEWVILLE, PA 17241 by handing to FRED WAGNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service )l.ffidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~ Ar:~t R. Thomas Kline 03/23/2000 FREY & TILEY Sworn and Subscribed to before By: '\ me this r; e:- day of Dr,i 2truV A.D. C};foLO /yJ'l/~ ,,"'~z; othonotary f " r.~~ .~ ,. I .' DONALD G. JONES and KAY A. JONES, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-1457 CIVIL TERM : ATLAW :FRED WAGNER and :RICK BROWNA WELL, tJdIb/a, F &R Framing & Roofing, Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert G. Frey, Counsel for 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 $12,100.84. The counterclaim of the Defendant in the action is $-0.00-. The following attorneys are interested int he case as counselor are otherwise disqualified to sit as arbitrators: Robert G. Frey, Stephen D. Tiley, Peter J. Russo. WHEREFORE, your petitioner prays your Honorable Court to appoint threee (3) arbitrators to whom the case shall be submitted. v~~~ Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 ,...~~ . ORDER OF COURT AND NOW, ( , 2004, in consideration of the Esq., Esq., and captioned action as prayed for. BYfu';~ P.J. _i~ ,"," 'V._ r" , ' FRED WAGNER and RICK BROWNA WELL, t/dIb/a, F &R Framing & Roofing, Defendants : IN THE COURT OF COMMON PLEAS OF : CUlVlBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. t!? /1157 CIVIL TERM : ATLAW DONALD G. JONES and KA Y A. JONES, Plaintiffs vs. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. -c;- I I . . . FRED WAGNER and RICK BROWNA WELL, t1d1b/a, F &R Framing & Roofing, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.tn7 -NS1 CIVIL TERM : ATLAW DONALD G. JONES and KAY A. JONES, Plaintiffs vs. COMPLAINT AND NOW, come Donald G. Jones and Kay A. Jones, Plaintiffs, by and through Frey & Tiley Attorneys at Law and respectfully state as follows: 1. Plaintiffs are Donald G. Jones and Kay A. Jones, husband and wife, adult individuals, residing at 555 Mt. Rock Road, Newville, Cumberland County, Pennsylvania. 2. Defendants are Fred Wagner and Rick Brownawell, adult individuals, who are the owners ofthe business known as F&R Framing & Roofing and trade and do business as F&R Framing & Roofing. Their principal place of business and address is 275 Creekview Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiffs are the owners of a lot of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, known as 555 Mount Rock Road, Newville, Pennsylvania. 4. On or about July 16, 1998, Defendants presented a written offer to Plaintiffs for work to be performed by Defendants on Plaintiffs land in the construction of a single family residence. A true and correct copy of the Proposal prepared by Defendants evidencing the agreement is attached hereto and incorporated herein by reference as Exhibit" A". 5. On or about September 4, 1998 Defendants' offer was accepted by Plaintiffs by the payment of a deposit of $16,000.00 on the contract amount. Attached hereto and incorporated herein by reference as Exhibit "B" is a true and correct copy of the invoice prepared by Defendants evidencing payment of the deposit. 6. By two change orders, both dated September 25,1998, Plaintiffs and Defendants -'"'~ _. , 1_ ,- I, . . agreed to certain changes in the work to be performed and the contract amount. True and correct copies of these change orders are attached hereto and incorporated herein as Exhibits "c" and "D". 7 . Defendants performed the work as set forth in the Proposal and Change Orders. Defendants completed this work and were paid the agreed upon amount by Plaintiffs on or about October 14, 1998. The invoice attached as Exhibit "B" reflects payment in full on October 14, 1998. ,1 ~ I 'I ,-I 'I I 'I 8. Among the work to be performed by Defendants pursuant to the agreed upon proposal and work which was actually performed by Defendants was the installation of the roof for Plaintiffs' house. 9. By their written proposal, Defendants warranted that "All material is guaranteed to be as specified,and the above work to be performed in accordance with the drawings and/or specifications submitted; or discussed between the two above parties; for above work and completed in a substantial workmanlike manner...." 10. On or about May, 1999, Defendants began to notice some of the shingles and plywood underneath lifting. 11. Plaintiffs contacted Defendants in May, 1999 and asked them to correct the problem. 12. Since May, 1999, the roof of Plaintiffs' house has lifted in numerous places, and the lifting appears to becoming more severe with the passage of time. 13. Plaintiffs believe and aver that the lifting of the shingles and plywood of the roof demonstrates that the installation of the roof or the materials used in the installation of the roof were not of a workmanlike quality as guaranteed by Defendants. 14. Plaintiffs have requested verbally and in writing in August and November, 1999 that the roof be replaced with one installed in a workmanlike manner. Defendants have refused to replace the roof, offering only to patch those areas where the lifting is currently evident, without guarantee that the patching will correct the defect. 15. Plaintiffs have contacted a roofing contractor to obtain a proposal for the repair of the roof. Plaintiffs obtained an estimate from Piper Building and Remodeling proposing to repair the roof by replacement for a total cost of 12,100.84. Attached hereto and incorporated herein as !I c, 'I , :1 H I 1] Ii ~I :i '- 'WIl >. ~ - "~" .-' ;-", I' .,. . Exhibit "E" is a true and correct copy of the estimate received to repair the roof. 16. Defendants are in breach of the guarantee given with the agreed-upon proposal, guaranteeing that the roof would be installed in a workmanlike manner. 17. Plaintiffs have been damaged by Defendants' breach in the amount of $12,100.84, representing the cost necessary to obtain a roof as guaranteed by Defendants WHEREFORE Plaintiffs demand judgment against Defendants in the amount of $12,100.84, plus interest and costs of suit as stated herein. Frey & Tiley, Attorneys for Plaintiffs J" By: Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 it:!! . ,"" r.,c ,~, , r " " ~'l 'I I, ji :1 :1 iJ ~ i ii i] I i: " 11 ~ ! i! II 1-1 Ii d I i , II I: Ii I ~ I' i! I! ii I, I I I [i !i i~ l "_'" ~ '" , . We verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn falsification to authorities. Dated: February 8, 2000 .''''' -! - "" I (Jcft!~$ ~ onald G. Jones / --6 {J C}~ Ka ones F&R Framing & Roofing Framing, Roofing, Siding Replacement Windows Decks, Remodeling, Additions Quality Work - Affordable Rates Fred Wagner 776-7807 Rick Brownawell 776-4735 Fax: 776-7807 Proposal No. 54-98 Date 07/16/98 Approximate Starting Date: 21 days from proposal acceptance Mailing Address: 275 Creekview Rd. Newville, Pa. 17241 e-mail LHCBCDB@aol.com Approximate time job would take Free Estimates - Fully Insured Proposal Submitted To: Rev. & Mrs. Don Jones Mt. Rock Rd. Newville, ~a. 17241 776- :itf ,:<. Work To Be Performed At: Same Address We hereby propose to furnish all the materials and perform all the labor necessary for completion of: Framing, Roofing & Siding Mt. Rock Rd. Framing $25,763.70 > build a house according to plans for Bay Ranch, plans #520-0112. All specs to match except house is to be 34' wide instead of30' wide. Exterior walls to be 2x4 and the bays are dropped except the on inthe M Bedroom. Also to purchase and install Anderson windows in similar styles and sizes to those on the prints. This would include the fralming from owner supplied basement walls to framing exterior and interior partitions, setting the trusses, building overhangs, sheeting and felting roof, setting the windows and doors > clean up and remove debris generated by this project 1""_I'rJ"\7;; ""''''IU'\.....j; 7"" htl.,,,-,* l-\"'-'~"E: 2. <i/W...Doc>\1.S I &>1'1<-'1 ",,"0)2. -- Z ...,''''~S Roofing $2,415.84. > purchase and install 25 year warranted 3 tab shingles in homeowners color preference, to include flashings as ne,eded > clean up and remove debris generated by this project . . . '''' $6,320.84 > purchase and instiur . ... of homeowners style' I'reference (not to exceed $60 per square for the siding) with all accompanying trims, ':;';h""nel corner posts) soffit, fascia and gutter with down spouts . > cl~!![' ..,. rem6ve debris generated by this project ---- All material is guaranteed to be as specified, and the above work to be performed in accordance wtth the drawings and/or specifications submitted; or discussed between the two above parties; for above work and completed in a substantial workmanlike manner for the sum of: TI+12.\'1 L""O -n-jO....Snl'-'t> :C'32,oCJo Thirty Four Thousand Five Hundred and 38/100 dollars - S34,36S.38 with oavment to be made as follows: 50% down, to ourchase materials, 50% due uoon comoletion Any alteration or deviation involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry tornado, fire and other necessary insurance upon above work. General Liability to be taken out by: ...... F&R Framing & Roofing Respectfully Submitted By: Fred Wagner Rick Brownawell . Note: This proposal may be withdrawn by us If not aooepted within 30 days, Acceptance of Proposal The above prices, specifications, and conditions are satisfactory and are hereby ecceptllfl. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Date ~e~)f "tl" :-_,l~~_ ~, ,-I- - F & R Framing & Roofing , Bill For: Proposal No. 54-98 2~,5 Creekview Rd. Newville, Pa. 17241 CUSTOMER COpy Plhone 776-7~07 or 776-4735 Sold To Rev. & Mrs. Don Jones Sold To Street & No. M!. Rock Rd. Street & No. Same Address city, State Zi~ Newville, Pa. 17241 City, State Zip /' CU$lome(s Order Salesman Terms F.O.B. Date ......" 11"'-:3813 oveR :50 l>AY6 Al>l> 1.5~ Tq1Zq~y~ CONl"RACl" AMOW Nl" I 1'lZICO~= CI-tANGe ORl>eR AMO\..tN1" {Ll? 50 I I l>ep061'" PAIl> ...........?I.... '25'. Cl-teCK#....... .s...... I (<:'p::opo i{'1~~i";);;;';. .,I;P.:/iW!P; WORK COMPt..81"SL> , PAIL> .../6d?j.'1e:'>.... Cl-teCK#lI\t=):2$ I 17,471i'150 /,::,~.;::-..':i:-.':::: '::':<;"~':~, .:::'::;). ,,;,;;:'::..:;.::\ :\~):.::::;.(::::~::::. E3AL.ANCe l>lAe I ar1co I I I I . I I I I I I I I I I "- I I ./ INVOICE BllfillBll'Ij" "f!S" ",r ~, ",'~,~ "",1"'-, ! . ~,.., F&R Framing & Roofing Framing, Roofing, Siding Replacement Windows Additions, Decks, Remodeling QIJality Work - Affordable Rates Fred Wagner 776-7807 Rick Brownawell 776-4735 Fax 776-7807 Name Address City / State Ph. No. Chan Order Mailing Address: 275 Creekview Rd. Newville, Pa. 17241 Addendum to: oposal No. 54-98 Date 09/2.5/98 e-mail LHCBCDB@aol.com Free Estimates Fully Insured In Contract With: Rev. & Mrs. Jones 555 Mt. Rock Rd. Newville,Pa.17241 776-3813 We hereby agree to make the change (s) specified below: totals > IA PGRAI>e 1"He 2.5 yeAR 1"HRee 1" A6 !7HINGL.e~ $478.50 1"0 :30 yeAR ARCHI,.eCl"IA RAL. !7HINGL.e!7 6Y .. 1" Al'-1KO IN RIA !71"IC ReE>WOOI> - total $478.50 Note: This Change Order becomes part of and in conformance with the existing contract A finance charae of 2% cei month will be added to accounts over 30 davs. This is 24% ner vear We agree hereby to make the change (s) above at this price -> 414-78.50 Date: Previous Contract Amount -> 41~;3,OOO.OO 09/2.5/98 Authorized Contractors Signature Revised Contract Total -> 41~;3,4-78.50 ACCEPTED: The above prices and specifications of the Change Order are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in the original contract unless otherwise specified. '-"WJ:Wl , ,. - .~ Date of acceptance: Signature: --.~ " . . . Chan~e Order F&R Framing & Roofing Addendum to: Framing, Roofing, Siding Mailing Address: oposal No. 54-98 Replacement Windows 275 Creekvlew Rd. Additions, Decks, Remodeling Newville, Pa. 17241 Date Quality Work - Affordable Rates 09/Z,5/9S Fred Wagner 776-7807 e-mail LHCBCDB@aol.com Rick Brownawell 776-4735 , Fax 776-7807 Free Estimates Fully Insured Name Address City I State Ph. No. In Contract With: Rev. & Mrs. Jones 555 Mt. Rock Rd. Newville, Pa. 17241 776-3813 We hereby agree to make the change (s) specified below: totals > MOVe 1"RlA 66e6 1"0 ACCOMOt>A1"e 1"He 6,ze $1,000.00 CHANGe 1"0 AL.L.OW 'FOR 6R'CK L.et>GeRi HOLI6e '6 8" 6MAL.L.eR ANt> n.leReF'ORe 1"He 1"R1I166e6 ARe 1"0 w't>e. 1"RlA 66e6 weRe ORE>eRet> ON OR AeOIA 1" 9/1/98 ANt> 1"He 6'Ze: t>'6CRePANCY WA6 t>'6COVeRI> 1"He F"R61" I>A'Y' ON 1"He 0"06 WHICH WA6 9/1"/98 total $1,000.00 Note: This Change Order becomes part of and in conformance with the existing contract A finance charae of 2% oer. month will be added to accounts over 30 davs. This is 24% oer veal' We agree hereby to make the Change (s)above at this price -> ""000.00 Date: Previous Contract Amount -> ;fI3Z,,000.00 09/Z,5/9S Authorized Contractors Signature Revised Contract Total -> ACCEPTED: The above prices and specifications of the Change Order are satisfactory and are hereby accepted. All work to be peljormed under same terms and conditions as specified in the originai contract unless otherwise specified. Date of acceptance: Signature: EXQ-QU$lI'lT '"!Dr "^,,,,",~- "- , ,. - . ~ ~ Piper Building & Remodeling 619 Mt. Rock Road Carlisle Pa. 17013 J)ona1d Jones 555 Mt. Rock Road Newville Pa. 17241 Estimate to replace house roof. Price Includes -Remove existing shing1es,remove existirig plywood, remove existing drip edge and ridge vent. Rffinove all debri to cumberland county"landfi11. Reinstall new p1ywood,30 lb. felt paper,shing1es .to match ex.isting ones,dripedge, ridge vent. Price includes all materials & labor. Price with 5/8 T&G OSB sheating. Price with 5/8 square edge plywood. Terms-l/3 when materials are delivered. 1/3 when plywood and felt paper are installed. 1/3 when project is completed. If terms suit,P1ease sign below. Signature of Homeowner Signature of Contractor EXHmIT ."F' W~l ',' . . '"'I $12,100.84 $12,737.84 ~y~~ James L. Piper Owner DONALD G. JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, t1a/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Service 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 TO: DONALD G. JONES and KAY A. JONES C/O ROBERT G. FREY, ESQUIRE You ARE HEREBY NOTIFIED To FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST You. <~ -\L PETER J. Russo .'^ PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorney for Defendants DONALD G. JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tJa/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT and NEW MATTER AND NOW, COME, the Defendants, Fred Wagner and Rick Brownawell, Va/d/b/a F&R Framing & Roofing, by and through their counsel, Peter J. Russo, Esquire, and aver the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that a written offer was presented to the plaintiffs. By way of further response, plaintiff often changed various aspects of the offer prior to the inception of any work and continued to make modifications after the work began. The aforementioned to written offer is a document which speaks for itself and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 5. Admitted in part and denied in part. It is admitted that a written offer was accepted by the plaintiffs. By way of further response, plaintiff often changed various aspects of the offer they accepted prior to the inception of any work and continued to "-,~ make modifications after the work began. The aforementioned Exhibit B is a document which speaks for itself and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 6. Admitted in part and denied in part. It is admitted that changes were made by the plaintiffs. By way of further response, plaintiff often changed various aspects of the offer they accepted prior to the inception of any work and continued to make modifications after the work began. The aforementioned Exhibit C and Exhibit 0 are documents which speak for themselves and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 7. Admitted in part and denied in part. It is admitted that defendants completed the work required and plaintiffs compensated the defendants for their work. By way of further response, the aforementioned Exhibit B is a document which speaks for itself and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 8. Admitted in part and denied in part. It is admitted that defendants were hired to install a roof for the plaintiffs. By way of further response, it is denied that the defendants were only hired to install a roof. 9. Admitted in part and denied in part. It is admitted that, in essence, defendants agreed to provide the materials required. By way of further response, the written proposal is a document which speaks for itself and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 10. Admitted in part and denied in part. It is admitted that a small section of roof began to display signs of the trapping of moisture in the roof at certain locations. It is denied that the entire roof suffered from lifting. 11. Admitted in part and denied in part. It is admitted that plaintiffs contacted the defendants. By way of further response, defendants notified plaintiffs that the problems they were experiencing were as a result of moisture being trapped in the attic area but agreed to replace portions of the plywood and shingles as a courtesy to them. 12. Admitted in part and denied in part. It is admitted that the plywood and shingles may have shifted in various locations, but it is specifically denied that the same is a result of the actions of the defendants, rather, as set forth herein, the damage is a result of the retention of moisture in the attic area. -"",J'I!IJ'l..~ 13. Denied. The averments contained in paragraph 13 are conclusion of law to which no response is required. In the event any portion of paragraph 13, is deemed to be factual, it is specifically denied that the work performed by the defendants was not of a workmanlike quality. To the contrary, the work completed by the defendants was and has always been of a workmanlike quality. 14. Admitted in part and denied in part. It is admitted that the defendants have agreed to replace areas of plywood and shingles as a courtesy to their customer but maintain that the shifting of the plywood and shingles are a direct and proximate result of the non workmanlike product of the other sub-contractors hired by the plaintiffs. 15. Denied. Paragraph 15 contains multiple averments which violates Pa.R.C.P. No. 1022. By way of further response to the first material allegation of paragraph 15, defendants, after reasonable investigation, are without sufficient facts to determine the truth or falsity the statement contained therein. By way of further response to the second material allegation of paragraph 15, defendants, after reasonable investigation, are without personal knowledge sufficient facts to determine the truth or falsity the statement contained therein but acknowledge the attachment of Exhibit E. By way of further response, the aforementioned Exhibit E is a document which speaks for itself and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 16. Denied. The averments contained in paragraph 16 are conclusion of law to which no response is required. In the event any portion of paragraph 16, is deemed to be factual, it is specifically denied that the work performed by the defendants was not of a workmanlike quality. To the contrary, the work completed by the defendants was and has always been of a workmanlike quality. 17. Denied. The averments contained in paragraph 17 are conclusion of law to which no response is required. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of the Defendants and against Plaintiffs in the amount of all expenses and costs incurred by Defendant in defense of this matter. "1!lIm.]I! r NEW MATTER 18. Plaintiffs acted as their own general contractor in the building of this residence. 19. Plaintiffs hired another subcontractor, other than F&R Framing & Roofing, to install siding on the residence. 20. In the alternative, plaintiffs installed the siding on the home. 21. Plaintiffs waited several months to side the residence exposing the bear plywood walls to weatherization. 22. Plaintiffs hired another subcontractor, other than F&R Framing & Roofing, to install the insulation in the attic area of the home. 23. In the alternative, plaintiffs installed the insulation in the attic area of the home. 24. The installation of insulation in the attic of the residence was improperly completed causing a trapping of moisture in the attic area. 25. Plaintiffs hired another subcontractor, other than F&R Framing & Roofing, to install the insulation in the attic area of the home. 26. In the alternative, plaintiffs installed the insulation in the attic area of the home. 27. Plaintiffs hired another subcontractor, other than F&R Framing & Roofing, to install a ventless fireplace in the residence directly under the area of plywood and shingles that plaintiffs complained have shifted. 28. In the alternative, plaintiffs installed a ventless fireplace in the residence directly under the area of plywood and shingles that plaintiffs complained have shifted. 29. Plaintiffs hired another subcontractor, other than F&R Framing & Roofing, to install a vent for the plaintiffs' ventless fireplace that passes through the attic area in direct proximity to the area where plaintiffs complained the plywood and shingles shifted. 30. In the alternative, plaintiffs installed a vent for the plaintiffs' ventless fireplace that passes through the attic area in direct proximity to the area where plaintiffs complained the plywood and shingles shifted. 31. Plaintiffs have failed to set a claim upon which release may be granted. 32. Plaintiffs have failed to join an indispensable party. 33. Plaintiffs have failed to mitigate their damages, if any. "''''''Il1lil 34. Plaintiffs may be barred in whole or in part by the applicable Statute of Limitations. 35. Plaintiffs may be barred in whole or in part by the principle of res judicata. 36. Plaintiffs' claim may be barred by the estoppel, waiver and latches. 37. Plaintiffs' claim may be barred by the Principles of Accord and Satisfaction. 38. Plaintiffs claim may be barred by the doctrine of payment. 39. Plaintiffs voluntarily assumed the risk of the facts set forth in this Complaint and accordingly his claim is barred. 40. Plaintiffs' claim may be barred and limited by the doctrines of comparative negligence and/or assumption of the risk. 41. No conduct of the defendants or agent of the answering defendants resulted in or is the proximate cause of any injury or damage sustained by the plaintiffs. 42. Any injuries and/or damages claimed by the plaintiffs, if proven, were caused by persons other than answering defendants and not within the control of answering defendants. 43. At all material times hereto answering defendants acted reasonably, appropriately and caused no injuries or damage to plaintiffs. 44. Any harm suffered by the Plaintiffs arose out of their own non-performance of the essential obligations. R"'p'df"'~ '"~' ~ 1--- Peter J. Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Dated: I.{J~'3/~ :-,.""" DONALD G. JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000.1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, t1a/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW VERIFiCATION I, Rick Brownawell, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~-dtY -ere DATE ~~v/~H>/H/hJ Rick Brownawell ;"-m~ - ~- . "'""I' n . , DONALD G. JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tJa/d/b/a, F&R FRAMING & ROOFING Defendants : CIVIL ACTION - LAW VERIFICATION I, Fred Wagner, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. 4, 22,00 DATE -;7~~;J?, Fred Wagner ' - , ~, DONALD G. JONES and KAY A. JONES, Plaintiffs IN THE COURT Of ({OMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tla/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person(s) and in the matter indicated below: Service by First-Class Mail, Postage Prepaid, and addressed as follows: Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 c~-\l-.. Peter J. Russo, Esquire Date: "1/~3)~ " ~""''''' - -'< ~ ",' ---'"'T- ".. ~ ~'C ~ !BIl'lI!I1!l!1Il~~lj" ,. '0' i'fJI!IJ 1 , ~'*' .c"'_ ~-~~ ~" '" 0 0 ~) c:: C:) :c- ~. j -n c..' :::'-"" '" S'-' -""'J "7 Z , i"..) L~;' ~ :co' ~-,> ,~',,) U 'Cl ~:'_l :n 0<'1 -< ,JIJlI!"",.. "___r,..",~"''i(i'~lffl~I0'l"_",,jii.*~~rn~~~~<1m_ _lM~~~ I . , " DONALD G. JONES and KAY A. JONES, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-1457 CIVIL TERM : ATLAW FRED WAGNER and RICK BROWNA WELL, tid/b/a, F &R Framing & Roofing, Defendants To; PETER J. RUSSO, ESQUIRE, ATTORNEY FOR FRED WAGNER RICK BROWNA WELL tid/b/a F&R Framing & Roofing You are hereby notified to file a written response to the enclosed Answer to New Matter within twenty (20) days from service hereof or a judgment may entered against you. \~-J. R'obert G. Frey Attorney for Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 ,~ ~ ?' -~, "--'.""'-'-, - -'.' ~- I ,Jilt> DONALD G. JONES and KAY A. JONES, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-1457 CIVIL TERM : ATLAW FRED WAGNER and RICK BROWNA WELL, tid/b/a, F &R Framing & Roofmg, Defendants ANSWER TO NEW MATTER AND NOW, come Donald G. Jones and Kay A. Jones, Plaintiffs, by and through Frey & Tiley Attorneys at Law and respectfully answer the New Matter of Defendants as follows: 18. Admitted. 19. Admitted. It is admitted that other subcontractors performed work for Plaintiffs. 20. Denied, see paragraph 19 above. 21 Denied. It is denied that the plywood walls were exposed to weather for a period of time longer than would be customarily expected during the construction of a residence. 22. Admitted. It is admitted that other subcontractors performed work for Plaintiffs. 23. Denied, see paragraph 22 above. 24. It is denied that the attic insulation was installed improperly. Plaintiffs believe and aver that the attic insulation was installed using customary building practices for this area. 25. Denied. It is admitted that other subcontractors performed work for Plaintiffs. 26. Denied, see paragraph 25 above 27. Admitted. It is admitted that other subcontractors performed work for Plaintiffs. 28. Denied, see paragraph 27 above. 29. Admitted in part; denied in part. It is admitted that F & R Framing was not the contractor responsible for the installation of the vent. It is denied that the plywood underlayment for the roof only shifted in the area in direct proximity to the vent. To the contrary, Plaintiffs have noticed and shown to Plaintiffs the roofmg problem throught the house. ;" ,-"'-'- ,-< ~ ~. I ' , .. 30. Admitted in part; denied in part. It is admitted that F & R Framing was not the contractor responsible for the installation of the vent. It is denied that the plywood underlayment for the roof only shifted in the area in direct proximity to the vent. To the contrary, Plaintiffs have noticed and shown to Plaintiffs the roofing problem throught the house. 31. Denied. The allegation contained in paragraph 31 is legal argument for which no response is required. 32. Denied. The allegation contained in paragraph 32 is legal argument for which no response is required. 33. Denied. The allegation contained in paragraph 33 is legal argument for which no response is required. 34. Denied. The allegation contained in paragraph 34 is legal argument for which no response is required. 35. Denied. The allegation contained in paragraph 35 is legal argument for which no responseis required. 36. Denied. The allegation contained in paragraph 36 is legal argument for which no response is required. 37. Denied. The allegation contained in paragraph 37 is legal argument for which no response is required. 38. Denied. The allegation contained in paragraph 38 is legal argument for which no response is required. 39. Denied. The allegation contained in paragraph 39 is legal argument for which no response is required. By way of further answer, as set forth in Exhibit "A" of Plaintiffs' Complaint, Plaintiffs did not assume the risks for the reason that Defendants provided a guarantee of the work performed and the material supplied. 40. Denied. The allegation contained in paragraph 40 is legal argument for which no response is required. 41. Denied. As set forth in Plaintiffs' Complaint, the damage suffered by Plaintiffs is tghe direct result of the failure of Defendants to provide material as specified and/or to perform the work ,';,. JIJ~r ,..,' , ' -= -," I, , ,,* in a workmanlike manner as set forth and guaranteed in the Proposal of Defendants, attached to the Complaint of Plaintiffs as Exhibit "A." 42. .Denied. As set forth in Plaintiffs' Complaint, the damage suffered by Plaintiffs is the direct result of the failure of Defendants to provide material as specified and/or to perform the work in a workmanlike manner as set forth and guaranteed in the Proposal of Defendants, attached to the Complaint of Plaintiffs as Exhibit "A." 43. Denied. Defendants has failed to use material and/or perform work in a workmanlike manner resulting in the heaving, shifting and movement of Plaintiffs' roof. 44. Denied. Plaintiffs are unaware of any "essential obligations" which were not performed as stated in Defendants' New Matter. By way of further answer, Plaintiffs believe and aver that the damage caused to their roof as alleged was the result of Defendants having failed to use material and/or perform work in a workmanlike manner resulting in the heaving, shifting and movement of Plaintiffs' roof. WHEREFORE Plaintiffs demand judgment against Defendants in the amount of $12,100.84, plus interest and costs of suit as stated herein. Frey & Tiley, Attorneys for Plaintiffs By: Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 'j~, .. , , We verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. 94904 relating to unsworn falsification to authorities. Dated: () ria 1oU-'LI '00 c) Q ~./.5 J &'J~---' onald G. Jones t:?"V ~C Q#u.J 'i'~ I~ E , ~ ~ . OCT 0 6 2004~' r Attorney for Defendants LAW OFFICES OF PETER J. RUSSO, P. C.. P A Supreme Court ill: 72897 The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 DONAL& G. JONES and, KAY A.JONES, Plaintiffs v. FRED WAGNER and, RICK BROWNA WELL, tid/b/a F & R FRAMING AND ROOFING, Defendants ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1457 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this ---.iL day of ()-cJa/:;.v . 2004, upon consideration of the attached Petition for Special Relief, a Rule is issued upon the Defendants, Fred Wagner individually andF & R Framing and Roofing, to Show Cause, if any, why the relief requested should not be granted. This rule is returnable within ten (10) days of service to the Defendants. ~stribution: ,;Peter J. Russo, Esquire . ,Mark A. Mateya, Esquire > ./Robert G. Frey, Esquire ,,/~red Wagner 1.-)'1 & R Roofing t":)""!tl1!,""_lll"-~ BY THE COURT: / --7 . . ~4t.- J. j(J 1n3 . !\;i.~I" ~;:'d;~~JigM~~lJuffi~.,;M~!.!;!"0'<"~i'!H~oil,"",-~_ll1iJIjf..iIIiilii!!ia v ![ ]l'J.!!'.c ':'1_' ,." .' ~"'_~_='''''''' ~ "c' .,~ > "~""""'flif ~'~~~lWlllla:H~&j,d' ~, o r;;; -D(S) DiC! '~fi, "-- ~~,ii:;.~1 /' s;; /.- :2 ......> c:>> Cj?. o ~:?l - N "~ '" ~j ~. ..- o -,; .....\ ".::.C~~l rl1r-;; -CP1 :Jji::1 O"L) .,S". ".::1--.; I~('S> (3m .-\ ')'".-'..... :Q. '-}? o 0:> " LAW OFFICES OF PETER J. RUSSO, P. C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Defendants DONALD G. JONES and, KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYL V ANlA v. FRED WAGNER and, RICK BROWNA WELL, tid/b/a F & R FRAMING AND ROOFING, NO. 00-1457 CIVIL TERM Defendants PETITION TO WITHDRAW AS COUNSEL AND NOW, comes PETER J. RUSSO, Esquire, Counsel for Defendants, and respectfully submits the following in support of its Petition to Withdraw as Counsel: 1. On or about January 25,2001, Counsel entered his appearance on behalf of Defendants in the above captioned matter. 2. Defendants have stopped communicating with Counsel and have not responded to any requests sent to them regarding their case. 3. On June 4, 2004, a letter was sent to Defendants advising them that they have stopped communicating with Counsel and that without ongoing communication regarding their case; Counsel could not adequately represent them. 4. Defendants were advised in that same letter that if they failed to contact Counsel prior to June 11, 2004, that a Petition to Withdraw as their Counsel would be filed with the Court. 5. Ai; of the date of this motion, Counsel for Defendants have had no contact with Defendants for several months, and has no reasonable expectation those Clients will make contact in the future. 6. Rick Brownawell in his individual capacity has retained independent Counsel to represent him. 7. A Praecipe to Withdraw my appearance as counsel on behalf of Rick Brownawell and enter the appearance of Mark A. Mateya, Esquire is being filed in conjunction with this petition. A true and correct copy is hereto attached. ,'~'Vf'j fl!lliJ!!ll!l ~ ~I'- - WHEREFORE, Counsel for. Defendant respectfully requests the Court issue a Rule on the Defendant to Show Cause, if any, why his appearance should not be withdrawn. Respectfully submitted, Date: 10{1 ( 0 (/ LAW OFFICES OF PETER J. RUSSO, P.C. C-/::-~":~~ Peter J. Russo, Esquire Attorney ill 72897 The Chelsea Building 3800 Market Street Camp Hill, PA 17011 <',-m!i!i '-" , r 1__. -~ ~~~ LAW OFFICES OF PETER J. RUSSO, P. C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Defendants DONALD G. JONES and, KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA v. FRED WAGNER and. RICK BROWNA WELL, tid/b/a F & R FRAMING AND ROOFING, NO. 00-1457 CIVIL TERM Defendants , CERTIFICATE OF SERVICE I Peter 1. Russo, Esquire, hereby certifY'that I am on this day serving a copy of the PETITION TO WITBDRA W AS COUNSEL upon the person(s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Fred Wagner 275 Creekview Road , Newville, PA 17241 Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17001 -and- Robert G. Frey, Esquire Attorney for Plaintiff 5 South Hanover Street Carlisle, PA 17013 /1itliJ Debra A. MickIo, Paralegal Date: 101r10L! I , "'Wf'~ " ,~ o ~, - :' r" -~ DONALD G. JONES and KAY A.JONES, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW FRED WAGNER and, RICK BROWNA WELL, tid/b/a F & R FRAMING AND ROOFING, Defendants : NO. 00-1457 - CIVIL TERM WITHDRAWAL OF APPEARANCE Please withdraw my appearance in the above-captioned matter on behalf of the Defendant, Rick Brownawell Respectfully submitted, 'c:=~~~ __ Peter 1. Russo, Esquire 61 West Louther Street Carlisle, P A 17013 ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter on behalf of Defendant, Rick Brownawell. Respectfully submitted, Dated: ctW04 ~~mre Attorneyl.D. No. 78931 P.O. Box 127 Boiling Springs,P A 17007 (717) 241-6500 Attorney for Defendant '"'0'-' ~,__ " I . - CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the Praecipe for Withdrawal/Entry of Appearance, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: ROBERT G FREY ESQUIRE 5 SOUTH HANOVER STREET CARLISLEPA 17013 DATED: q,~ oL1 Attorney for Defendant "rO!miM "It , ,_ . I'~ ~ "~ . ,~M,~.....__ ~~~I!l!l!ll!~~_ y."'1' ':l- ti~ (") C;,; r1;ti':; ...,.- " . ""c",'; ~L:::, c~ C~, ......."':- ~.~ :::~ -< .~" ^~~< ~, - -_'. ~ "_'<0,,__' ....., "'c> = .<.- <::> C'") --I , U1 o ." -! X:n fn r- -om 'DO ~(~ ~c-r-" n::d ':";':;:'0 25,n ".-~I 55 -< -0 ~'1: w ~.jliij9.:-C'W'''''''f\'i'ili'""",,!\(*,,:ri''ii~,i$iW!!!'}jl!lil!,j'lffl!I'U~ij~N~!i:!'II~~'jjI)WJ "-"'f"'T"~ c , " \, . DONALD G. JONES and KAY A.JONES, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW FRED WAGNER and, RICK BROWNA WELL, tid/b/a F & R FRAMING AND ROOFING, Defendants : NO. 00-1457 - CIVIL TERM WITHDRAWAL OF APPEARANCE Please withdraw my appearance in the above-captioned matter on behalf of the Defendant, Rick Brownawell Respectfully submitted, c~Q~~ Peter J. Russo, Esquire 61 West Louther Street Carlisle, PA17013 ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter on behalf of Defendant, Rick Brownawell. Respectfully submitted, Dated: Q0-{o~ b~~Wre Attorney LD. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Attorney for Defendant ~ -; - , '. . CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the Praecipe for WithdrawaVEntry of Appearance, on the following person( s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: ROBERT G FREY ESQUIRE 5 SOUTH HANOVER STREET CARLISLEPA 17013 ~>fu~ P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 DATED: q r~I 00 Attorney for Defendant -~ ~ ~ , 7 ~~ " ~ {(y ~\ ).1... .1~I\lIlIQ~tI, --~ ..J'flU] "" -~ -, P.V'!If_~~~~~ Cl ~',~ -~_.~., r j"~ ?::.:~ g~!j:~:~-. 'r:~ 'CJ i~l. :~ ....., "'" "'" .x:- o C> -I . '" . N ..." :$ a -\1 ..... "r ->--,-'\ rne -0:([1 :.gy ':::!,Q :f~1 ~,~C) .~,-~rn a ..,.\ dE :.< -- ." W -l ~~..,,' ,_~~_:i~~~ ~~ ".-., ,;' ~...... ~ ' DONALD G. JONES and KAY A.JONES, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW FRED WAGNER and, RICK BROWNA WELL, tid/b/a F & R FRAMING AND ROOFING, Defendants : NO. 00-1457 - CIVIL TERM ENTRY OF APPEARANCE Please enter my appearance in the above-captioned rnatter on behalf of Defendant, Fred Wagner. Respectfully submitted, Dated: r ^ ^ " VJIA-U- ~~ Mark A. Mateya, Qisquire AttorneyI.D. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Attorney for Defendant \ '~, ",_e. -,n'r- . . / , ~ CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the Entty of Appearance, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: ROBERT G FREY ESQUIRE 5 SOUTH HANOVER STREET CARLISLE P A 17013 ~::r~ P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 DATED: I to..(6~ Attorney for Defendant ~ ~ .- r"r" ,-~ " . __N " ~, ~1lIl.~,. ~,_,> ~! ~ ~ ~ I' ,,' '-," .~ ,~'~ ." . '~ \', -I >1,;<1'" " "'" = 0 = -n c.n c... :r!" :;> Z f11,.... :00'1 w 66 -0 :r,j 0:.0 c ::t.: ~z: C) ,-~"m c.: ~ '~ :;;.::: '];' -, U1 "D -' '-, co -< IP t#L-- _~ ~ ,_~ ~"l'~~~~,~_"~"""'" ~_ _~~ ''''' _;JL .~, 1!"l' _~~~l DONALD G. JONES and KAY A. JONES, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-1457 CIVIL TERM : ATLAW FRED WAGNER and RICK BROWNA WELL, tid/b/a, F&R Framing & Roofmg, Defendants PRAECIPE To: The Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania Please dismiss the above-captioned action with prejudice and mark it satisfied. Frey & Tiley, Attorneys for Plaintiff dated: June 7, 2005 By: \~lJ. Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 r:-lI<fI!l:r, ,_. "" , 'I 1~ c%?J _~,., ..,__, ."."r. "'~ ~~~, rWlfl!ll~_ (') ..... 0 = G <::> -n "" "'- <- ~:n -C,Ctl :z~ c: % ~Z 65' I ');;' -< . -: ~C; ~ :c-R Pr-.. ~'~ L' :x >C) ~ '!? ~ U) ~ (J1 cJ'Ct. "-~:rs--,-,,,,,,,",-~j~-- '!!Jl",~~~!/!I~~!I,J~~\IilQII~ DONALD G. JONES and KA Y A. JONES, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. toll/57 CIVIL TERM FRED WAGNER and RICK BROWNA WELL, t/d/b/a, F&R Framing & Roofing, Defendants : ATLAW 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DONALD G. JONES and KA Y A. JONES, Plaintiffs vs. FRED WAGNER and RICK BROWNA WELL, t1d/b/a, F &R Framing & Roofing, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO.817 . /'IS'f CIVIL TERM : ATLAW COMPLAINT AND NOW, come Donald G. Jones and Kay A. Jones, Plaintiffs, by and through Frey & Tiley Attorneys at Law and respectfully state as follows: 1. Plaintiffs are Donald G. Jones and Kay A. Jones, husband and wife, adult individuals, residing at 555 Mt. Rock Road, Newville, Cumberland County, Pennsylvania. 2. Defendants are Fred Wagner and Rick Brownawell, adult individuals, who are the owners of the business known as F&R Framing & Roofing and trade and do business as F&R Framing & Roofing. Their principal place of business and address is 275 Creekview Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiffs are the owners of a lot of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, known as 555 Mount Rock Road, Newville, Pennsylvania. 4. On or about July 16, 1998, Defendants presented a written offer to Plaintiffs for work to be performed by Defendants on Plaintiffs land in the construction of a single family residence. A true and correct copy of the Proposal prepared by Defendants evidencing the agreement is attached hereto and incorporated herein by reference as Exhibit "A". 5. On or about September 4, 1998 Defendants' offer was accepted by Plaintiffs by the payment of a deposit of $16,000.00 on the contract amount. Attached hereto and incorporated herein by reference as Exhibit "B" is a true and correct copy of the invoice prepared by Defendants evidencing payment of the deposit. 6. By two change orders, both dated September 25, 1998, Plaintiffs and Defendants agreed to certain changes in the work to be performed and the contract amount. True and correct copies of these change orders are attached hereto and incorporated herein as Exhibits "c" and "D". 7 . Defendants performed the work as set forth in the Proposal and Change Orders. Defendants completed this work and were paid the agreed upon amount by Plaintiffs on or about October 14, 1998. The invoice attached as Exhibit "B" reflects payment in full on October 14, 1998. 8 . Among the work to be performed by Defendants pursuant to the agreed upon proposal and work which was actually performed by Defendants was the installation of the roof for Plaintiffs' house. 9. By their written proposal, Defendants warranted that "All material is guaranteed to be as specified,and the above work to be performed in accordance with the drawings and/or specifications submitted; or discussed between the two above parties; for above work and completed in a substantial workmanlike manner...." 10. On or about May, 1999, Defendants began to notice some of the shingles and plywood underneath lifting. 11. Plaintiffs contacted Defendants in May, 1999 and asked them to COJTect the problem. 12. Since May, 1999, the roof of Plaintiffs' house has lifted in numerous places, and the lifting appears to becoming more severe with the passage of time. 13. Plaintiffs believe and aver that the lifting of the shingles and plywood of the roof demonstrates that the installation of the roof or the materials used in the installation of the roof were not of a workmanlike quality as guaranteed by Defendants. 14. Plaintiffs have requested verbally and in writing in August and November, 1999 that the roof be replaced with one installed in a workmanlike manner. Defendants have refused to replace the roof, offering only to patch those areas where the lifting is currently evident, without guarantee that the patching will correct the defect. 15. Plaintiffs have contacted a roofing contractor to obtain a proposal for the repair of the roof. Plaintiffs obtained an estimate from Piper Building and Remodeling proposing to repair the roof by replacement for a total cost of 12,100.84. Attached hereto and incorporated herein as Exhibit "E" is a true and correct copy of the estimate received to repair the roof. 16. Defendants are in breach of the guarantee given with the agreed-upon proposal, guaranteeing that the roof would be installed in a workmanlike manner. 17. Plaintiffs have been damaged by Defendants' breach in the amount of $12,100.84, representing the cost necessary to obtain a roof as guaranteed by Defendants WHEREFORE Plaintiffs demand judgment against Defendants in the amount of $12,100.84, plus interest and costs of suit as stated herein. Frey & Tiley, Attorneys for Plaintiffs J, By: Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 We verify that the statements made herein are true and correct and understand that false statements herein are made suhject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn falsification to authorities. Dated: February 8, 2000 i2~~fl ~~ P!., C LIIJW ~~~nes Proposal F&R Framing & Roofing Framing, Roofing, Siding Replacement Windows Decks, Remodeling, Additions Quality Work - Affordable Rates Fred Wagner 776-7807 Rick Brownawell 776-4735 Fax: 776-7807 Mailing Address: 275 Creekview Rd. Newville, Pa. 17241 Proposal No. 54-98 Date 07116/98 Approximate Starting Date: 21 days from proposal acceptance e-mail LHCBCDB@aol.com Approximate time job would take Free Estimates - Fully Insured Proposal Submitted To: Rev. & Mrs. Don Jones Mt. Rock Rd. Newville, Pa. 17241 776- 3 'il1:5 Work To Be Performed At: Same Address We hereby propose to furnish all the materials and perform all the labor necessary for complellon of: Framing, Roofing & Siding Mt. Rock Rd. Framing $25,763.70 :> build a house according to plans for Bay Ranch, plans #520-0112. All specs to match except house is to be 34' wide instead of 30' wide. Exterior walls to be 2x4 and the bays are dropped except the on in the M Bedroom. Also to purchase and install Anderson windows in similar styles and sizes to those on the prints. This would include the framing from owner supplied basement walls to framing exterior and interior partitions, setting the trusses, building overhangs, sheeting and felting roof, setting the windows and doors :> clean up and remove debris generated by this project ~"'M:<; ,,",...I<.f'I"'~ "'= h....,"-* l-\o""~<2; Z~A-l<,b",,,,l'S I &>11<''1 p",,,)2. - Z,-,,<Nl:::.>oJ.s Roofing $2,415.84 :> purchase and install 25 year warranted 3 tab shingles in homeowners color preference, to include flashings as needed :> clean up and Femove debris generated by this project $6,320.84 :> purchase and ins a of homeowners style siding) with all accompanying trims down spouts :> clea remove debris generated by this project re ere nee (not to exceed $60 per square for the nel comer posts) soffrt, fascia and gutter with -All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and/or specifications submitted; or discussed between the two above parties; for above work and completed in a substantial workmanlike manner for the sum of: Wie.'T'( Lv-'O -n-jovsTI.'-l1) :C:.2,OCi <:> Thirty Four Thousand Five Hundred and 381100 dollars - $34,368.38 with payment to be made as follows: 50% down, to purchase materials, 50% due upon completion Any alteration or deviation involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry tornado, fire and other necessary insurance upon above work. General Liability to be taken out by: F&R Framing & Roofing Respectfully Submitted By: Fred Wagner Rick Brownawell No!e: This proposal may be withdrawn by us iT not accepted within 30 days. Acceptance of Proposal The above prices, specifications, and conditions are satisfactory and are hereby accept~. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Date Pn&~l( "Aol,'" F & R Framing & Roofing 275 Creekview Rd. Newville, Pa. 17241 Phone 776-7f,07 or 776-4735 , Sold To Rev. & Mrs. Don Jones Street & No. MI. Rock Rd. City, StateZi~ Newville, Pa. 17241 ~ Bill For: Proposal No. 54-98 Sold To Street & No. City, State Zip Same Address /"Customets Order I Salesman I Terms I F.O.B. r 77"-:3813 OVI'R ~o I>AY6 AI>t> 1.511 CON1'RAC1' AMOW N1' CI-IANt:;lS ORl>e:R AMOIA N-r I>lSP061"" PAIl> WORK COMPl..~1'~1> . PAIl> "- Cl-leCK4t19~iJii Cl-leCK#fl'17tlf.9'> . E3AL.ANCe t>lAe INVOICE EXlIfiBlJ'ITbOW' CUSTOMER COpy Date 'r9'l?O:?-?"" '"\ ; ~Z,ClO'?J= I (<(7INjO I' I I r".=po I 17,41W/Sb I 0'tco I I I I I I I I I I I I i 1.J F&R Framing & Roofing Framing, Roofing, Siding Replacement Windows Additions, Decks, Remodeling Quality Work - Affordable Rates Fred Wagner 776-7807 Rick Brownawe/l 776-4735 Fax 776-7807 ~ Name Address City / State ~ Ph. No. Change Order Mailing Address: 275 Creekview Rd. Newvil/e,Pa.17241 Addendum to: oposal No. 54.98 Date C9/25/98 e-mail LHCBCDB@ao/.com Free Estimates Fully Insured! In Contract With: Rev. & Mrs. Jones 555 Mt. Rock Rd. Newville, Pa. 17241 776-3813 .., ~ We hereby agree to make the change (s) specified below: > IAPIiRAC>e 1"He Z.5 yeAR l"HRee 1"AES 6HINIit..e6 1"0 3C yeAR ARCHll"eCrlA RAe.. 6HINGt.e6 ESY 1" AMKO IN RIA 61"IC Re:l>WOOI> total Note: This Change Order becomes part of and in conformance with the existing contract A finance charge of 2% per month will be added to accounts over 3D days. This is 24% per year We agree hereby to make the change (s) above at this price -> 44-78.50 Date: 09/z'5/98 \uthorized Contractors Signature Previous Contract Amount -> 4~3,OOO.OO Revised Contract Total-> .t~3,4-7S.50 Date of acceptance: ACCEPTED: he above prices and specifications of the Change Order are ,tisfactory and are hereby accepted. All work to be performed lder same terms and conditions as specified in the original .ntract unless otherwise specified. Signature: _ .dr'" ","V. 'v totals $478.50 $478.50 .., ~ F&R Framing & Roofing Framing, Roofing, Siding Replacement Windows Additions, Decks, Remodeling Quality Work - Affordable Rates Fred Wagner 776-7807 Rick Brownawell 776-4735 Fax 776-7807 ,. Name Address City I State c Ph. No. Change Order Mailing Address: 275 Creekview Rd. Newville, Pa. 17241 Addendum to: oposal No. 54-98 Date 09/Z.5/98 e-mail LHCBCDB@aol.com Free Estimates Fully Insured! In Contract With: Rev. & Mrs. Jones 555 Mt. Rock Rd. Newville, Pa. 17;141 776-3813 ~ .. We hereby agree to make the change (s) specified below: > MOVe 1"RIA 66e6 1"0 ACCOMOt>A1"e 1"He ~Iz.e CHANGe 1"0 ALLOW rrOR 6RICK Let>GeRi HOIA 6e 16 8" 6MALLeR ANt> -rHeRerrORe -rHe 1"RL-f66e~ ARe 1"0 wlt>e. 1"R1A66e6 weRe ORt>eRet> ON OR A601A1" 9/1/98 ANt> -rHe 61ze t>1~CRePANCY WA6 t>16coveRt> -rHe rr1R61" t>AY ON -rHe ;f06 WHIC~ WA~ 9/1"/98 totals $1,000.00 total $1,000.00 Note: This Change Order becomes part of and in conformance with the existing contract A finance char~e of 2% per month will be added to accounts over 30 days. This is 24% per vear We agree hereby to make the change (s) above at this price -> -111,000.00 ACCEPTED: 1e above prices and specifications of the Change Order are ltisfactory and are hereby accepted. All work to be performed Ider same terms and conditions as specified in the original ntract unless otherwise specified. Date: 09/Z.5/98 \uthorized Contractors Signature Previous Contract Amount -> ~3Z.,OOO.00 Revised Contract Total -> Date of acceptance: .... Signature: .) EXIHI&Bi1r .'lal" Piper Building & Remodeling 619 Mt. Rock Road Carlisle Pa. 17013 Donald Jones 555 Mt. Rock Road Newville Pa. 17241 Estimate to replace house roof. Price Includes -Remove existing shingles, remove existing plywood, remove existing drip edge and ridge vent. Remove all debri to cumberland county-landfill. Reinstall new p1ywood,30 lb. felt paper,shing1es-to match existing ones,dripedge, ridge vent. Price includes all materials & labor. Price with 5/8 T&G OSB sheating. $12,100.84 Price with 5/8 square edge plywood. $12,737.84 Terms-1/3 when materials are delivered. 1/3 when plywood and felt paper are installed. 1/3 when project is completed. If terms suit,Please sign below. Signature of Homeowner Signature of Contractor ~Ylf~ James L. Piper Owner EXHtBIT 1" <:'") ., ..::r ~.nrC ,,\ '::\\-1 '~l\V>-~""fr\\.' r\'~--:::::' ,~- ".,-;<',,; I f"':'"\ OF Q. c:)\ 0"' I "" ",'" \ ,.\ IJU \,,-.\ "" i\i\ ',~_ \1"/ ...,,\,\ . CJ o ~ :::J~ 0-. 0"'- ~ (~~ :S(f) ~_)Z ~...L..Z u.Jl!J c":J(l... ...~;. ~ .-) f.) r\ \\,,' \.JUl.' I/OSO J?~'~._~. ~ ~CO ~.~' ~:SD/d'~ ~7~7 P q).~c/I co Gi '" Gl CO >3:.::;C"JU? W:5C1lo~ ...J~"'''C\1 I-~~"-- rno'5l:'" ~>C:~..... w ca ~ t:::.. >~Z.!Q) W O.J::..!a c: a:~5~~ U-CCOOQ. CIl Gl '" - {E. , SHERIFF'S RETURN - REGULAR CASE NO: 2000-01457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JONES DONALD G ET AL VS WAGNER FRED ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WAGNER FRED T/D/B/A F & R FARMING & ROOFING the DEFENDANT , at 0014:25 HOURS, on the 22nd day of March 2000 at 275 CREEKVIEW ROAD NEWVILLE, PA 17241 by handing to FRED WAGNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 10.00 .00 36.68 So Answers: r~~c R. Thomas Kline 03/23/2000 FREY & TILEY - Sworn and Subscribed to before By: me this ? (.;;:. day of ~_ .v---nJ A. D. (1 'G Q. '""thJj-L. ~ ~. 7~thonotary . i SHERIFF'S RETURN - REGULAR CASE NO: 2000-01457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JONES DONALD G ET AL VS WAGNER FRED ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BROWNAWELL RICK T/D/B/A F & R FRAMING & ROOFING DEFENDANT the at 275 CREEKVIEW ROAD , at 0014:25 HOURS, on the 22nd day of March , 2000 NEWVILLE, PA 17241 FRED WAGNER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this '7 'C' day of GJr-' "1"\ :2vvv A. D. C_k'of'/__Q In<iit,. 'l1i~:; h:r!othonotary , So Answers: r~~;? R. Thomas Kline 03/23/2000 FREY & TILEY~ By: eputy 5 '\ DONALD G. JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tla/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Service 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 TO: DONALD G. JONES and KAY A. JONES C/O ROBERT G. FREY, ESQUIRE You ARE HEREBY NOTIFIED To FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST You. PETER J. Russo PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, t1a/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT and NEW MATTER AND NOW, COME, the Defendants, Fred Wagner and Rick Brownawell, tla/d/b/a F&R Framing & Roofing, by and through their counsel, Peter J. Russo, Esquire, and aver the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that a written offer was presented to the plaintiffs. By way of further response, plaintiff often changed various aspects of the offer prior to the inception of any work and continued to make modifications after the work began. The aforementioned to written offer is a document which speaks for itself and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 5. Admitted in part and denied in part. It is admitted that a written offer was accepted by the plaintiffs. By way of further response, plaintiff often changed various aspects of the offer they accepted prior to the inception of any work and continued to make modifications after the work began. The aforementioned Exhibit B is a document which speaks for itself and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 6. Admitted in part and denied in part. It is admitted that changes were made by the plaintiffs. By way of further response, plaintiff often changed various aspects of the offer they accepted prior to the inception of any work and continued to make modifications after the work began. The aforementioned Exhibit C and Exhibit 0 are documents which speak for themselves and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 7. Admitted in part and denied in part. It is admitted that defendants completed the work required and plaintiffs compensated the defendants for their work. By way of further response, the aforementioned Exhibit B is a document which speaks for itself and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 8. Admitted in part and denied in part. It is admitted that defendants were hired to install a roof for the plaintiffs. By way of further response, it is denied that the defendants were only hired to install a roof. 9. Admitted in part and denied in part. It is admitted that, in essence, defendants agreed to provide the materials required. By way of further response, the written proposal is a document which speaks for itself and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 10. Admitted in part and denied in part. It is admitted that a small section of roof began to display signs of the trapping of moisture in the roof at certain locations. It is denied that the entire roof suffered from lifting. 11. Admitted in part and denied in part. It is admitted that plaintiffs contacted the defendants. By way of further response, defendants notified plaintiffs that the problems they were experiencing were as a result of moisture being trapped in the attic area but agreed to replace portions of the plywood and shingles as a courtesy to them. 12. Admitted in part and denied in part. It is admitted that the plywood and shingles may have shifted in various locations, but it is specifically denied that the same is a result of the actions of the defendants, rather, as set forth herein, the damage is a result of the retention of moisture in the attic area. 13. Denied. The averments contained in paragraph 13 are conclusion of law to which no response is required. In the event any portion of paragraph 13, is deemed to be factual, it is specifically denied that the work performed by the defendants was not of a workmanlike quality. To the contrary, the work completed by the defendants was and has always been of a workmanlike quality. 14. Admitted in part and denied in part. It is admitted that the defendants have agreed to replace areas of plywood and shingles as a courtesy to their customer but maintain that the shifting of the plywood and shingles are a direct and proximate result of the non workmanlike product of the other sub-contractors hired by the plaintiffs. 15. Denied. Paragraph 15 contains multiple averments which violates PaRC.P. No. 1022. By way of further response to the first material allegation of paragraph 15, defendants, after reasonable investigation, are without sufficient facts to determine the truth or falsity the statement contained therein. By way of further response to the second material allegation of paragraph 15, defendants, after reasonable investigation, are without personal knowledge sufficient facts to determine the truth or falsity the statement contained therein but acknowledge the attachment of Exhibit E. By way of further response, the aforementioned Exhibit E is a document which speaks for itself and any interpretational gloss applied thereon by the Plaintiffs is strictly denied. 16. Denied. The averments contained in paragraph 16 are conclusion of law to which no response is required. In the event any portion of paragraph 16, is deemed to be factual, it is specifically denied that the work performed by the defendants was not of a workmanlike quality. To the contrary, the work completed by the defendants was and has always been of a workmanlike quality. 17. Denied. The averments contained in paragraph 17 are conclusion of law to which no response is required. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of the Defendants and against Plaintiffs in the amount of all expenses and costs incurred by Defendant in defense of this matter. NEW MATTER 18. Plaintiffs acted as their own general contractor in the building of this residence. 19. Plaintiffs hired another subcontractor, other than F&R Framing & Roofing, to install siding on the residence. 20. In the alternative, plaintiffs installed the siding on the home. 21. Plaintiffs waited several months to side the residence exposing the bear plywood walls to weatherization. 22. Plaintiffs hired another subcontractor, other than F&R Framing & Roofing, to install the insulation in the attic area of the home. 23. In the alternative, plaintiffs installed the insulation in the attic area of the home. 24. The installation of insulation in the attic of the residence was improperly completed causing a trapping of moisture in the attic area. 25. Plaintiffs hired another subcontractor, other than F&R Framing & Roofing, to install the insulation in the attic area of the home. 26. In the alternative, plaintiffs installed the insulation in the attic area of the home. 27. Plaintiffs hired another subcontractor, other than F&R Framing & Roofing, to install a ventless fireplace in the residence directly under the area of plywood and shingles that plaintiffs complained have shifted. 28. In the alternative, plaintiffs installed a ventless fireplace in the residence directly under the area of plywood and shingles that plaintiffs complained have shifted. 29. Plaintiffs hired another subcontractor, other than F&R Framing & Roofing, to install a vent for the plaintiffs' ventless fireplace that passes through the attic area in direct proximity to the area where plaintiffs complained the plywood and shingles shifted. 30. In the alternative, plaintiffs installed a vent for the plaintiffs' ventless fireplace that passes through the attic area in direct proximity to the area where plaintiffs complained the plywood and shingles shifted. 31. Plaintiffs have failed to set a claim upon which release may be granted. 32. Plaintiffs have failed to join an indispensable party. 33. Plaintiffs have failed to mitigate their damages, if any. 34. Plaintiffs may be barred in whole or in part by the applicable Statute of Limitations. 35. Plaintiffs may be barred in whole or in part by the principle of res judicata. 36. Plaintiffs' claim may be barred by the estoppel, waiver and latches. 37. Plaintiffs' claim may be barred by the Principles of Accord and Satisfaction. 38. Plaintiff's claim may be barred by the doctrine of payment. 39. Plaintiffs voluntarily assumed the risk of the facts set forth in this Complaint and accordingly his claim is barred. 40. Plaintiffs' claim may be barred and limited by the doctrines of comparative negligence and/or assumption of the risk. 41. No conduct of the defendants or agent of the answering defendants resulted in or is the proximate cause of any injury or damage sustained by the plaintiffs. 42. Any injuries and/or damages claimed by the plaintiffs, if proven, were caused by persons other than answering defendants and not within the control of answering defendants. 43. At all material times hereto answering defendants acted reasonably, appropriately and caused no injuries or damage to plaintiffs. 44. Any harm suffered by the Plaintiffs arose out of their own non-performance of the essential obligations. -'\ Peter J. Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Dated: 4.(Ja3/~ DONALD G. JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tJa/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW VERIFICATION I, Rick Brownawell, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. ~-~-OB DATE ~4~~v:.~/ Rick Brownawell . , DONALD G. JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, t1a/d/b/a, F&R FRAMING & ROOFING Defendants : CIVIL ACTION - LAW VERIFICATION I, Fred Wagner, verify that the statements made in the foregoing document are true and correct. 1 understand that false statements made herein are subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. '-I- 22 'co DATE ---:;7~~~ Fred Wagner - DONALD G. JONES and KAY A. JONES, Plaintiffs IN THE COURT OF CoMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, t1a/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person(s) and in the matter indicated below: Service by First-Class Mail, Postage Prepaid, and addressed as follows: Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 Date: ....,/ ~3J~ :l Peter J. Russo, Esquire vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA ; CIVIL ACTION - LAW ; NO. 2000-1457 CIVIL TERM DONALD G. JONES and KA Y A. JONES, Plaintiffs FRED WAGNER and RICK BROWNA WELL, t/d/b/a, F&R Framing & Roofing, Defendants . : ATLAW To: PETER J. RUSSO, ESQUIRE, ATTORNEY FOR FRED WAGNER RICK BROWNA WELL Vd/b/a F&R Framing & Roofing You are hereby notified to file a written response to the enclosed Answer to New Matter within twenty (20) days from service hereof or a judgment may entered against you. ~. obert G. Frey Attorney for Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 DONALD G. JONES and KAY A. JONES, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2000-1457 CIVIL TERM : ATLAW FRED WAGNER and RICK BROWNA WELL, t/dlb/a, F &R Framing & Roofing, Defendants ANSWER TO NEW MATTER AND NOW, come Donald G. Jones and Kay A. Jones, Plaintiffs, by and through Frey & Tiley Attorneys at Law and respectfully answer the New Matter of Defendants as follows: 18. Admitted. 19. Admitted. It is admitted that other subcontractors performed work for Plaintiffs. 20. Denied, see paragraph 19 above. 21 Denied. It is denied that the plywood walls were exposed to weather for a period of time longer than would be customarily expected during the construction of a residence. 22. Admitted. It is admitted that other subcontractors performed work for Plaintiffs. 23. Denied, see paragraph 22 above. 24. It is denied that the attic insulation was installed improperly. Plaintiffs believe and aver that the attic insulation was installed using customary building practices for this area. 25. Denied. It is admitted that other subcontractors performed work for Plaintiffs. 26. Denied, see paragraph 25 above 27. Admitted. It is admitted that other subcontractors performed work for Plaintiffs. 28. Denied, see paragraph 27 above. 29. Admitted in part; denied in part. It is admitted that F & R Framing was not the contractor responsible for the installation of the vent. It is denied that the plywood underlayment for the roof only shifted in the area in direct proximity to the vent. To the contrary, Plaintiffs have noticed and shown to Plaintiffs the roofing problem throught the house. 30. Admitted in part; denied in part. It is admitted that F & R Framing was not the contractor responsible for the installation of the vent. It is denied that the plywood underlayment for the roof only shifted in the area in direct proximity to the vent. To the contrary, Plaintiffs have noticed and shown to Plaintiffs the roofing problem throught the house. 31. Denied. The allegation contained in paragraph 31 is legal argument for which no response is required. 32. Denied. The allegation contained in paragraph 32 is legal argument for which no response is required. 33. Denied. The allegation contained in paragraph 33 is legal argument for which no response is required. 34. Denied. The allegation contained in paragraph 34 is legal argument for which no response is required. 35. Denied. The allegation contained in paragraph 35 is legal argument for which no response is required. 36. Denied. The allegation contained in paragraph 36 is legal argument for which no response is required. 37. Denied. The allegation contained in paragraph 37 is legal argument for which no response is required. 38. Denied. The allegation contained in paragraph 38 is legal argument for which no response is required. 39. Denied. The allegation contained in paragraph 39 is legal argument for which no response is required. By way of further answer, as set forth in Exhibit "A" of Plaintiffs' Complaint, Plaintiffs did not assume the risks for the reason that Defendants provided a guarantee of the work performed and the material supplied. 40. Denied. The allegation contained in paragraph 40 is legal argument for which no response is required. 41. Denied. As set forth in Plaintiffs' Complaint, the damage suffered by Plaintiffs is tghe direct result of the failure of Defendants to provide material as specified and/or to perform the work in a workmanlike manner as set forth and guaranteed in the Proposal of Defendants, attached to the Complaint of Plaintiffs as Exhibit "A." 42. .Denied. As set forth in Plaintiffs' Complaint, the damage suffered by Plaintiffs is the direct result of the failure of Defendants to provide material as specified and/or to perform the work in a workmanlike manner as set forth and guaranteed in the Proposal of Defendants, attached to the Complaint of Plaintiffs as Exhibit "A." 43. Denied. Defendants has failed to use material and/or perform work in a workmanlike manner resulting in the heaving, shifting and movement of Plaintiffs' roof. 44. Denied. Plaintiffs are unaware of any "essential obligations" which were not performed as stated in Defendants' New Matter. By way of further answer, Plaintiffs believe and aver that the damage caused to their roof as alleged was the result of Defendants having failed to use material and/or perform work in a workmanlike manner resulting in the heaving, shifting and movement of Plaintiffs' roof. WHEREFORE Plaintiffs demand judgment against Defendants in the amount of $12,100.84, plus interest and costs of suit as stated herein. Frey & Tiley, Attorneys for Plaintiffs ~ By: Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (7 I 7) 243-5838 We verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn falsification to authorities. Dated: () cio L-<!...J 21 (00<:.) ;J~ J./ J~ -J::% C Q/H-w~ ~ '[i 1-- ,_.) ~ ~ Z ~~ ~ ~ OQ~ u.... ~ ~~< 00 ;:;l~Z Eo< ~ ~ -.... < <Xl 0...<.... Zoo ~~ ~ ::E 1il '" U~...<r-- O~ " <Xl :>~::MLt? ~~;...lrl ~Z.r!l ~~ oi ~ W:SCJ)o~ o <:n"" z.... .0.... ~ ~ ~ ., ~ -ljo.!...........C\1 ~ .~ _<O)'\""" E-<;:lZ= ~.. <1l z...:l ~'O Z I-r.h~<t:' = ~U,,"O Q .... ;. ~...:l = olS >- c: a.. r:: ;:l~~o ...:l<..s ~ ~ 0 w co ~_ <~ ~.. >~I~Q) OO;...~Z <....~ ~ ~Q Eo< w 0 J::.~ c: U<:nE-< ~~ ~ c:.....'S~.,g ""<Z ~~::E ~ LL.!;;(~()g. =,,";:l ~ ga~ ~ ~ '" ~ E-<...<O Z~U 00 ....0.... Z .... ~ ~ < . . ,. .:,;~,.; ,. / " .. i,. ,r ;,_,'n.c.., .... ,"- .:,~'. ',,:~. 'C"$:;' :.':L:,'". I , ---------.---'-- . ..... ,~ " ~ PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, t1a1d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW NOTICE OF SERVICE OF DEFENDANTS'INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: The Prothonotary This is to certify that on this day, I, Peter J. Russo, did serve a copy of DEFENDANTS' INTERROGATORIES AND DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS to Defendants, DONALD G. JONES & KAY A. JONES, through their counsel of record, Robert G. Frey, Esquire, by depositing a copy of same with the United States Postal Service, with first-class postage prepaid and return receipt required, which was addressed as follows: DONALD G. JONES & KAY A. JONES c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 C~tfUIlY Submitted, .~~-o Peter J. Russo Date: \ I ~41<'), PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tJa/d/b/a, F&R FRAMING & ROOFING Defendants : CIVIL ACTION. LAW CERTIFICATE OF SERVICE I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed with Return Receipt Requested as Follows: DONALD G. JONES & KAY A. JONES c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 0b~ Peter J. Russo Date: \ /";;)I.l J 0\ 0 0 ~ '-: ~,"'. , U 0-; '.:;..... rn P' - -0' .~ ,- ,,, 2: f en ;t <.j 'r -< '. -~ ) r:: C. --0 ;}j ''"-- .-) PC' :::i': - , < Z:C' ~ .,) " 5(~_-~ =-:=1 :?.:: r:- 50 ~ ':0 -< DONALD JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRED WAGNER and RICK BROWNA WELL, tJd/b/a, F & R FRAMING & Roofing, Defendants NO. 2000-1457 CIVIL TERM CERTIFICATE OF SERVICE This is to certifY that copies of the foregoing Defendants' Proposed Order, First Motion to Compel Answers to Defendants' Interrogatories and Request for Production of Documents and Memorandum of Law in Support of Defendants' Motion have been served on the following persons via United States First Class Mail, postage prepaid, on June 27, 2001, addressed as follows: Robert G. Frey, Esquire 5 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiffs I Peter J. Russo, Esquire Attorney for Plaintiff DATED June 27. 2001 DONALD JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRED WAGNER and RICK BROWNA WELL, tJdIb/a, F & R FRAMING & Roofing, Defendants NO. 2000-1457 CIVIL TERM DEFENDANTS' FIRST MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS Defendants, by and through their attorney, Peter J. Russo, hereby move this Court to enter an Order compelling Plaintiffs, Donald Jones and Kay A Jones, to file full and complete Answers to Defendants' Interrogatories and Request for Production of Documents directed to Plaintiffs, and in support thereof states the following: I. The above-captioned matter was commenced on March 14, 2000. 2. Counsel for Defendants served Interrogatories and Request for Production of Documents upon Plaintiffs on January 21,2001. CA true and correct copy of the Interrogatories is attached hereto and marked as Exhibit "A;" a true and correct copy of the Request for Production of Documents is attached hereto and marked as Exhibit "B." A true and correct copy of Certified Mail Return Receipt signed on January 29, 2001 by Sharon Devos, Agent of Plaintiff's Counsel, is attached hereto and marked as Exhibit "C.") 3. By letter dated June 6, 2001, Defendants' counsel requested that Plaintiffs' counsel serve Defendant with a response to Defendants' Interrogatories within fifteen (I 5) days. A copy of this letter is attached hereto as Exhibit "D." 4. As of the date of the filing of this Motion, Plaintiffs, and their counsel, have failed to file answers or responses to Defendants' Interrogatories and Request for Production of Documents and, consequently, their answers and responses are overdue. 5. Defendants are in need of Plaintiffs' answers, responses and responsive documents to the foregoing discovery requests and Plaintiffs' failure to answer the same impedes and jeopardizes Defendants' ability to defend this case. WHEREFORE, Defendants, Fred Wagner and Rick Brownawell, t/d/b/a, F & R Framing & Roofing, respectfully move this Honorable Court to enter an Order directing that Plaintiffs answer Defendants' discovery within ten (10) days or suffer further sanctions0\? Peter J. Russo Attorney for Plaintiff Dated: June 27,2001 -,......., --- ,T........ - ,..........3 -,... r - f -1 - / - ~.L~~~ ~~ ~ ~ r..- r'- . ~ ~,., '" I" "" PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tla/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW Lils \\S PLAJQ:IFF'S INTERROGATORIES TO DEF~NTS (First Set) TO: DONALD G. JONES & KAY A. JONES c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 AND NOW, this ~~ay of January, 2001, comes the plaintiff, by and through its attorney, Peter J. Russo, Esquire, hereby serves and propounds to the defendants, DONALD G. JONES & KAY A. JONES the following interrogatories to be answered fully under oath, in accordance with Pennsylvania Rules of Civil Procedure, The Answers to the Interrogatories shall be inserted in the spaces provided in the Interrogatories. If there is insufficient space to answer the Interrogatories, the remainder of the Answer shall be supplied on a supplemental sheet. The defendant shall file and serve a copy of the Answers within thirty (30) days after the service of the Interrogatories, In answering these interrogatories, furnish all information which is available to you, including in the possession of your attorneys or investigators, and not merely such information known of your own personal knowledge. If you cannot answer the following interrogatories in full after exercising due diligence to secure the information to do so, so state and answer to the extent possible. If any information requested in these interrogatories is withheld pursuant to a claim of any privilege, state the privilege claimed to each item of information and describe such information in the most precise manner possible consistent with such claim of privilege, In answering these interrogatories, the following definitions shall apply: DEFINITIONS A. The term "document" or "documents" shall mean any written, recorded, filmed, or graphic matter, whether produced, reproduced or on paper, cards, tapes, film, electronic facsimile, computer storage devices or any other media, including but not limited to, memoranda, schedules, notes, minutes, records, employment files, case files, pleadings, photographs, slides, correspondence, telegrams, diaries, bookkeeping entries, financial statements, tax returns, checks, check stubs, reports, studies, charts, graphs, statements, notebooks, handwritten notes, applications, agreements, books, pamphlets, periodicals, appointment calendars, notes, records and recordings of oral conversations and work papers. B. The terms "defendants" refers to DONALD G. JONES & KAY A. JONES and/or agents or representatives acting on defendants' behalf. C. The terms "you" and "your' refer to defendants and/or agents or representatives acting on defendants' behalf. D. The terms" DONALD G. JONES & KAY A. JONES" refers to defendants DONALD G. JONES and/or KAY A. JONES and/or agents or representatives acting on defendants' behalf. E. With respect to documents, the term "identify" means to give the date, title, author and addressee; identify with respect to documents further means: (I) to describe a document with sufficiently well to enable the Interrogator to know what such document is and to retrieve it from a file or wherever it is located; (II) to describe it in a manner suitable for use as a description in a subpoena; (III) to give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. F. The terms "describe in detail" and "set forth the factual basis" shall mean to describe fully by reference to underlying facts rather than by ultimate facts or conclusions of facts or law and to particularize as to time, place and manner. G. The term "identify" when used with reference to an individual person shall mean: (I) to state his or her full name (or if not known, provide sufficient description so that he or she will be identifiable to the recipients of your answer); (II) present residence address or last known residence address (III) job title; (IV) employer or business affiliation; (V) last know business; (VI) whether employed by any party to this action and if so, the dates he (she) was employed by such party, the name of such party, and the last position held as an employee of such party. H. The term "identify" when used with reference to a document or written communication shall mean to state the type of document or communication (e.g., memorandum, employment application, letter, handwritten notes, etc.) to state its date, briefly describe its contents, its author (and if different, the originator and signer), and to identify the person (or if widely distributed, the organization or classes of persons) to whom the document or communication was sent. You may produce the document or written communication in lieu of identifying it. I. The term "identify" when used with reference to an oral communication, discussion, conversation, meeting, conference, or any other oral statement, shall mean to describe in detail the substance of, to state the date and location of, and identify the participants in each such communication, discussion, conversation, meeting, conference or statement. J. Whenever the expression "and/or" is used in these interrogatories, the information requested should be set out in both the conjunctive and disjunctive, it should be given separately for each and every element sought. INTERROGATORIES (FIRST SET) 1. State the name and address of all business, corporations, sole proprietorships, partnerships, entities or other business organization in which the defendants maintain a financial or business interest. 2. With respect to Interrogatory Number 1, please state the nature of each respective individual's interest in each business. 3. With respect to each defendant, please state whether each has ever used or been known by any other name. If so, state the other name or names used and the dates thereof. 4. With respect to each defendant, please state whether each has ever been convicted of a felony, or a misdemeanor involving crimen falsi. If so, state: (a) the date of conviction; (b) the name of the offense; (c) the name of the Court, County, State and Number; (d) the sentence; and (e) the time served and at what institution. 5. Identify all the individuals or companies that did work on the properties which are subject to this complaint, specifying what work each individual or company completed. 6. Identify all experts the defendant plans to use at trial, providing: a. Name; b. Address; c. Qualifications; d. Summary of testimony; e. Reports produced by the expert 7. If you and/or your attorneys expect to call witnesses at the trial of the above-captioned matter to testify to opinions relevant to the liability or damage issues in this action, set forth the following information with regard to each such witness: a. His or Her Name; b. Address; c. Qualifications; d. Summary of testimony; 8. As to each person identified in answer to Interrogatory No.7, , state as to each whether you have a statement from that witness as well as from the parties to this suit, their agents, servants, representatives, employees or insurance carrier and, if so, please attach a copy of the statement. If said statement is a stenographic, mechanical or electrical recording, or a transcription thereof, please attach a copy of said transcription. Also include the following information: (a) the name of the person taking such statement; (b) when it was taken; (c) where it was taken; and (d) the method by which it was taken. 9. Please attach copies of any investigative report and please describe the nature or existence of any physical evidence including a description thereof and information regarding its content and condition, as well as the identification of the person who has custody of said information. 10. Have you or anyone acting on your behalf obtained from any person any statement concerning this action or its subject matter? If so, state: (a) the name and last known address of each such person; (b) when, where, by whom and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; (c) the name and address of any person who has custody of any such statements that were reduced to writing or otherwise recorded; and (d) please consider this a request to produce those statements referred to in the above answer and attached copies hereto. 11. Have you given any statement concerning this action or its subject matter? If so, state: (a) the name and address of each person to whom a statement was given; (b) where each statement was given; and (c) please consider this a request to produce the statements referred to in the above Interrogatory and attach copies hereto. 12. Do you know of the existence of any photographs, diagrams, or models of the surrounding area or the areas in question which is the subject of the Complaint? 13. If the answer to the preceding Interrogatory is in the affirmative, state: (a) the dates when such photographs, diagrams or models were made; (b) the name and address of the party making them; (c) where they were made; (d) the object(s) or subject(s) each photograph, diagram represents; and (e) please consider this a request to produce the photographs, diagrams and/or models referred to in the above Interrogatory. 14. Please provide the name and address of the individual or company who installed and/or moved the fireplace and/or duct work in the subject property. ~~o Peter J. Russo Date: Wednesday, January 24, 2001 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tJa/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day serving a copy of the DEFENDANTS' INTERROGATORIES AND DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed with Return Receipt Requested as Follows: DONALD G. JONES & KAY A. JONES c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 , Peter J. Russo Date: \ 1~1.j /0 I -::; .... /~- r"--T3 - r"T - 1 3 - ~../~ Io..~ ~..-. ........ ..-. L t."''! " .~,-~ . PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, t1a/d/b/a, F&R FRAMING & ROOFING Defendants CIVIL ACTION - LAW REQUESTS FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF'S (First Set) TO: DONALD G. JONES & KAY A. JONES c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 The Defendants, hereby serve upon the Plaintiffs the following written request to produce the documents described below for inspection and copying by the undersigned. Pursuant to Rules 4003.4 and 4009 of the Pennsylvania Rules of Civil Procedure, you are hereby requested to produce the documents described below for said inspection and copying. The documents requested are to be produced at the Law Offices of Peter J. Russo, 5010 East Trindle Road, Mechanicsburg, PA 17050 within thirty (30) days after the service of this Request upon counsel for Plaintiffs. DEFINITIONS AND INSTRUCTIONS A. As used herein, the word "document" means any writing or record known to you or your attorneys, of any type of description, including, but not limited to, originals and copies of correspondence, letters, contracts, agreements, statements, telegrams, telexes, intraoffice communications, memoranda, reports, publication, certificates, notes, notebooks, diaries, minutes, computer tapes, cards and printouts and all other photographic and retrievable date (whether incarded, taped or coded electrostatically, electromagnetically or otherwise), photographs, videotapes, photographic films, motion pictures, microfilm, tape recordings, transcripts of telephone conversations, and all other documents and material, including any non-identical copy (whether different from the original because of alterations, notes, comments, or other material contained therein or attached thereto or enclosures therein or otherwise) and whether it is a draft or final version. B. As used herein, the word "correspondence" includes written communications and oral communications, whether in person, by telephone, by mechanical or electronic reproduction or otherwise. c. With respect to documents, the term "identify" means to give the date, title, author and addressee; identify with respect to documents further means: (1) to describe a document sufficiently well to enable the Interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (2) to describe it in a manner suitable for use as a description in a subpoena; (3) to give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. D. "Identify" when used in reference to an individual means: (4) to state his/her full name; (5) present residence address or last known residence; (6) present or last known business address; (7) present employer or last known employer; (8) whether ever employed by any party to this action and, if so, the dates he (she) was employed by such party, the name of such party, and the last position held as an employee of such party. E. Whenever the expression "and/or" is used in these Interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. F. Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then the approximate date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. G. The terms "Plaintiff" refers to DONALD G. JONES & KAY A. JONES and/or agents or representatives acting on their behalf. H. The terms "you" and "your" refer to DONALD G. JONES & KAY A. JONES and/or agents or representatives acting on their behalf. I. The terms "DONALD G. JONES & KAY A. JONES" refers to Plaintiffs, DONALD G. JONES & KAY A. JONES and/or agents or representatives acting on their behalf. DOCUMENTS REQUESTED 1. All documents identified and/or referred to in Plaintiffs' answers to any set of pleadings or interrogatories propounded by Defendants. 2. All documents, communications, graphs, charts, tables, statements, records, receipts, computations, and items to be produced or introduced at trial. 3. All pictures taken by the Plaintiffs relating to this litigation or the structure that is the subject of this litigation. 4. The entire, if any files and any other documentary material in your possession which support or which in any way is related to the allegations contained in the pleadings in this action: (excluding reference to mental impressions, conclusions or opinions representing the value of merit of the claim or defense, strategy or tactics in privileged communications from and to counsel). 5. Any and all statements recorded or written signed or unsigned concerning this action from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 6. The original or legible copy of any and all statements, reports, memoranda setting forth the facts disclosed in any and all inspections or investigation with reference to the above-captioned claim being in your possession or under the control of your agents, servants, workmen and/or employees or counsel except for the personal notes or impressions, conclusions, or opinions respecting the value or merit of the claim 7. All writings, statements, descriptions, report of incident, and any and all documents in your possession or for your insurance carrier, and/or your counsel, or any of you, its or his agents, servants, workmen, employees, pertaining to the incident which has become the subject of this litigation; however, you may excise or delete any references to mental impressions, conclusions or opinions representing value or merit of a claim or defense respecting strategy or tactics and further excluding privileged communications from counsel. 8. Any and all reports or documents obtained from any government agency, fire or police department pertaining to the incident which has become the subject of this litigation. 9. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 10. Reports of any and all experts who will testify at trial. 11. All exhibits defendants will use at trial. 12. All invoices. billing statements or other documentation referencing any and all work completed on the subject property. Date: Wednesday. January 24.2001 PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 DONALD G. JONES and KAY A. JONES, Plaintiffs Attorney for Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1457 CIVIL TERM v. FRED WAGNER and RICK BROWNAWELL, tJa/d/b/a, F&R FRAMING & ROOFING Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day serving a copy of the DEFENDANTS' INTERROGATORIES AND DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed with Return Receipt Requested as Follows: DONALD G. JONES & KAY A. JONES c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 ~,. Peter J. Russo Date: I I?'i I n \ ~:;' -- /L~r--B ~r-r - f C ~ ~~~~1................ .-... .......... ... .,..., . . ","., " . ....,.,..<...v.A..J< -", .' ,- .,... I. your RETURN ADDRESli completecl on the re_ .Ide? ~ " 01 '" H~ '" .. . ...en f', '" . j)' ;;" '-'l C> . i ~' i ~~i"~ ~ V> ,; J I,n, mm ~,; &:~!c;! vI ~ I} MI' :N.;.:.q tlI .r:::-; :+"",1 it f Uf' ~,. . :s f:i ~ -cJ!2; u t ~ f"- } :t> ~ C'c.J I. : t ' ~l ff~- ...J "\ ~E?r Ii i I!! . f ~<, 21.€l ~ ~ ll. s'~ j t~~ W . f Is:: t ~ ~:3:=- ,: II ~~ il;al 0- if: i I, ! I Ii 1 . il iWin n I i i- ~H I fi~ f I" '!Ii ~ f ~ I if If! f 0 0 ~ -') ~ ~ ,. il I ~ II ~ t! i !~ ~ ~ ~ l? i g. ~ 3 f "S Tllank you lor u.lng Return R~p1 Service. -:; ..,. IT_=_ - ~ --3 - rr - f -, - ..J../ _....A.- ~..... ......AL...J ~ cr-: Ula&ro- ATI'ORNEY AT LAW Suite 200 . 5010 East Trlndle Road Mechanlcsburg, PA 17050 PHONE: (7l7) 591.1755 FAX: (7l7) 591.1756 O.lfIC~S in CarUsl~. PA Wednesday, June 06,2001 Carlisi RE: Jones v..-W8'Qner Dear Mr. Frey: Defendants' Interrogatories and Request for Production of Documents were served upon you on January 21, 2001. We still have not received any response from the Plaintiffs. This letter is to inform you that if we do not have a response within fifteen (15) days we will be forced to file a Motion to Compel. I regret to take this staunch position, but this matter has lain dormant for too long, and I intend to list the matter for trial in order to get things moving again. Very truly yours, ~ Peter J. Russo PJRfjah PI..s. Reply To: MECHAN1CSBURG OFFICE JUL 032~ DONALD JONES and KAY A.JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRED WAGNER and RICK BROWNA WELL,tJd/b/a, F & R FRAMING & Roofing, Defendants NO. 2000-1457 CIVIL TERM ORDER J}.d'( AND NOW, this I 0 ~ day of;/tlAt 2001, upon consideration of Defendant's First Motion to Compel Answers to Interrogatories and Request for Production of Documents and Memorandum in support thereof, it is hereby ORDERED AND DECREED that the Motion is GRANTED and ~,-.~ h ~7t .." ,;~ ""... Plaintiffs shall filii fun md compk,t" Auswers to Oeftlndanrs' InreuuglllUli"s <luJ Re'lucst ftlf Jb dify~ '1 roM'':'" '1 -u..; ~ . P.roclwtion ofDv"uUl"ub (.;cr,w (>.1 1/21/2001) within ten (10) days of tho dato ()fthi, Older or sulIDr ~rrropP1tl1 Eanotions upon application to tho Court. BY THE COURT t1tL. J. ~~ ~ l ~ ~i r b ~t ~ €'I J"'~ ~ .. ~ JUL 0 3 2.001~ DONALD JONES and KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRED WAGNER and RICK BROWNA WELL, tldlb/a, F & R FRAMING & Roofing, Defendants NO. 2000-1457 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' FIRST MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DrnxCTED TO PLAINTIFFS Defendants, by and through their attorney, Peter J. Russo, hereby move this Court to enter an Order compelling Plaintiffs to file full and complete Answers to Defendants' Interrogatories and Request for Production of Documents, and in support thereof aver as follows: Counsel served Interrogatories and Request for Production of Documents upon Plaintiff s Counsel on January 21, 2001. Pennsylvania Rule of Civil Procedure 4006(a)(2) requires that an answering party supply responses and objections, if any, to written discovery within thirty (30) days. Plaintiffs have not answered the Interrogatories and Request for Production of Documents, objected or filed for a protective order in conjunction therewith. The information requested contains necessary and relevant information with regard to claims being asserted in the within cause of action. These requests are reasonable in scope and number. It is imperative that Defendants receive the information requested forthwith in order to defend their case. Defendants are entitled to an Order compelling Plaintiffs to answer Defendants' discovery request pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendants respectfully request that this Honorable Court compel Plaintiffs to answer fully and completely Defendants' Interrogatories and Request for Production of Documents within ten (10) days of the date of the Court's Order or suffer appropriate sanctions upon application to the Court. =-\ Peter J. Russo, Esquire Attorney for Plaintiff Dated: June 27.2001 2 vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-1457 CIVIL TERM : ATLAW DONALD G. JONES and KAY A. JONES, Plaintiffs FRED WAGNER and RICK BROWNA WELL, tld/b/a, F &R Framing & Roofing, Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert G. Frey, Counsel for Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The c1airn of the Plaintiff in the action is $12,100.84. The counterc1airn of the Defendant in the action is $-0.00-. The following attorneys are interested int he case as counselor are otherwise disqualified to sit as arbitrators: Robert G. Frey, Stephen D. Tiley, Peter 1. Russo. WHEREFORE, your petitioner prays your Honorable Court to appoint threee (3) arbitrators to whorn the case shall be submitted. Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 ORDER OF COURT AND NOW, _~ ~ I~ I foregoing petition, ~ I{. 'f~~AJ Esq., and ,.I!~ 'z/J ~~ <:t (1" , ,/- captioned action as prayed for. , 2004, in consideration of the ) Esq., OdtfW?/ Esq., are apPoin~ ~itratortn <:e above- By the Court, P.J. - '~j'\!(lJ 6 S :01 !':U G! ;,1/;,,' r!rJfJZ ;',t:\iIC,; i!);'i.:~C.:~i\:J :]!--11 J:J "':;. ;t.:,rO-UJ'J1:, ('1 ~. -- p "- ...... ?:::> Y\ ~ :a:. D "- ~. '- " VI -'1 VI .-'<;:) ;::::; uJ ~ ~ 0 -::r\ .- '" '--<: LAW OFFICES OF PETER J. RUSSO, P. C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Defendants DONALD G. JONES and, KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. FRED WAGNER and, RICK BROWNA WELL, tld/b/a F & R FRAMING AND ROOFING, NO. 00-1457 CIVIL TERM Defendants PETITION TO WITHDRAW AS COUNSEL AND NOW, comes PETER J. RUSSO, Esquire, Counsel for Defendants, and respectfully submits the following in support of its Petition to Withdraw as Counsel: 1. On or about January 25,2001, Counsel entered his appearance on behalf of Defendants in the above captioned matter. 2. Defendants have stopped communicating with Counsel and have not responded to any requests sent to them regarding their case. 3. On June 4, 2004, a letter was sent to Defendants advising them that they have stopped communicating with Counsel and that without on going communication regarding their case; Counsel could not adequately represent them. 4. Defendants were advised in that same letter that if they failed to contact Counsel prior to June II, 2004, that a Petition to Withdraw as their Counsel would be filed with the Court. 5. As of the date of this motion, Counsel for Defendants have had no contact with Defendants for several months, and has no reasonable expectation those Clients will make contact in the future. 6. Rick Brownawell in his individual capacity has retained independent Counsel to represent him. 7. A Praecipe to Withdraw my appearance as counsel on behalf of Rick Brownawell and enter the appearance of Mark A. Mateya, Esquire is being filed in conjunction with this petition. A true and correct copy is hereto attached. WHEREFORE, Counsel for Defendant respectfully requests the Court issue a Rule on the Defendant to Show Cause, if any, why his appearance should not be withdrawn. RespectfuIIy submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Date: 1011(0(1 c~ _._~-~~ Peter J. Russo, Esquire Attorney ID 72897 The Chelsea Building 3800 Market Street Camp Hill, PA 171311 LAW OFFICES OF PETER J. RUSSO, P. C. The Chelsea Building 3800 Market Street Camp Hill, P A 17011 (717) 591-1755 Attorney for Defendants DONALD G. JONES and, KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COlJNTY, PENNSYL VANIA v. FRED WAGNER and, RICK BROWNA WELL, tld/b/a F & R FRAMING AND ROOFING, NO. 00-1457 CIVIL TERM Defendants CERTIFICATE OF SERVICE I Peter J. Russo, Esquire, hereby certifY that I am on this day serving a copy of the PETITION TO WITHDRAW AS COUNSEL upon the person(s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Fred Wagner 275 Creekview Road Newville, PA 17241 Mark A. Mateya, Esquire P.O. !lox 127 Boiling Springs, PA 17001 -and- Robert G. Frey, Esquire Attorney for Plaintiff 5 South Hanover Street Carlisle, PA 17013 Date: lofrlo'-/ I I ~{I It} Debra A MickIo, Paralegal DONALD G. JONES and KAY A. JONES, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : CUMBERLANI) COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW FRED WAGNER and, RICK BROWNA WELL, tld/b/a F & R FRAMING AND ROOFING, Defendants : NO. 00-1457 - CIVIL TERM WITHDRAWAL OF APPEARANCE Please withdraw my appearance in the above-captioned matter on behalf of the Defendant, Rick Brownawe1\ Respectfu1\y submitted, Cj~~__ Peter J. Russo, Esquire 61 West Louther Street Carlisle, P A 17013 ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter on behalf of Defendant, Rick Brownawell. Respectfully submitted, Dated: QWO~ ~.~ Mark A. Mateya, E uire AttomeyLD. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Attorney for Deliomdant CERTIFICATE OF SERVICI~ I, Mark A. Mateya, Esquire, hereby certifY that I have slerved a copy of the Praecipe for Withdrawa1/Entry of Appearance, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: ROBERT G FREY ESQUIRE 5 SOUTH HANOVER STREET CARLISLEPA 17013 lt~~ , Mark A. Mateya, Esqu P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 DATED: q ~/ 0 L1 Attorney for Defendant '. ;;.' _..l -< '" C_-:;:. C'w~::l ..c- o -q --4 :r ["11 ::n f-"-' -0 r-'tl :.,)0 CJ_i ::,J~ ~..'i~ j :i;! :.0 -< <:::> c':t -:, I U1 C1 f.:-? DONALD G. JONES and KAY A. JONES, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : CUMBERLANIl COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW FRED WAGNER and, RICK BROWNA WELL, tld/b/a F & R FRAMING AND ROOFING, Defendants : NO. 00-1457 - CIVIL TERM WITHDRAWAL OF APPEARANCE Please withdraw my appearance in the above-captioned matter on behalf of the Defendant, Rick Brownawell Respectfully submitted, c--~~ ~ Peter J. Russo, Esquire 61 West Louther Street Carlisle, P A 17013 ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter on behalf of Defendant, Rick Brownawell. Respectfully submitted, Dated: QWO~ h~re Attorney LD. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Attorney for Defendant CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the Praecipe for WithdrawaVEntry of Appearance, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: ROBERT G FREY ESQUIRE 5 SOUTH HANOVER STREET CARLISLE PA 17013 ~~5 P.O. Box 127 Boiling Springs. P A 17007 (717) 241-6500 DATED: q W 001 Attorney for Defendant r-> (,:;',' c;;:;3 .... Q C-). __I '" -0 ;Jl: (...) -J ~?l ..-, .~:. '~1'1 f'll'C~ -':Jt!j :9t. ~':?,C) ~,r-~H )<-- ",-:(r-n r-~ -.-;.\ 1-',," ;t:J :~c.::.. LAW OFFICES OF PETER J. RUSSO, P. C. The Chelsea Building 3800 Market Street CampHill,PA 17011 (717) 591-1755 Attorney for Defendants DONALD G. JONES and, KAY A.JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. FRED WAGNER and, RICK BROWNA WELL, tld/b/a F & R FRAMING AND ROOFING, NO. 00-1457 CIVIL TERM Defendants PETITION TO MAKE RULE ABSOLUTE AND NOW, comes PETER J. RUSSO, Esquire, Counsel for Defendants, and respectfully submits the following in support of its Petition to Withdraw as Counsel: 1. On October 5, 2004, Counsel filed his Petition to Withdraw as Counsel for Defendants, Fred Wagner, individually, and F & R Framing and Roofing, in the above-referenced matter. 2. On October 5, 2004, Mark A. Mateya, Esquire entered his appearance on behalf of Defendant, Rick Brownawell. 3. On October 11, 2004, your Honorable Court issued a Rule on the Plaintiffs and on the Defendants to show cause, if any, why the relief in the petition should not be granted, rule to be returnable within 10 days of service. 4. The Rule was returnable by November 4, 2004. 5. Neither the Plaintiff, nor the Defendants have filed a Rule in response to the request of the Petitioner. 6. The last PartY served with the Petition to Withdraw as: Counsel was Mark A. Mateya, Esquire, on October 21, 2004. The Return Receipts for all parties are attached as Exhibit "A". 7. The matter is ripe for determination. WHEREFORE, Petitioner, Peter J. Russo, Esquire, respectfully requests this Honorable Court to make the Rule Absolute and grant his prayer that leav(l be granted for him to withdraw his appearance as counsel of record for the above listed Defendants, Fred Wagner, individually, and F & R Framing and Roofing. Date:~ Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. ~ Peter J. Russo, Esquir Attorney ID 72897 The Chelsea Building 3800 Market Street Camp Hill, P A 17011 ~,........-........... LAW OFFICES OF PETER J. RUSSO, P. C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Defendants DONALD G. JONES and, KAY A. JONES, Plaintiffs IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. FRED WAGNER and, RICK BROWNA WELL, tld/b/a F & R FRAMING AND ROOFING, NO. 00-1457 CIVIL TERM Defendants CERTIFICATE OF SERVICI; I, Debra A. Micklo, hereby certif'y that I am on this day serving a copy of the RULE TO MAKE ABSOLUTI~ upon the person(s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Fred Wagner 275 Creekview Road Newville, PA 17241 Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17001 -and- Robert G. Frey, Esquire Attorney for Plaintiff 5 South Hanover Street Carlisle, PA 17013 -&Will4~ . ' Debra A. Mlcklo, Paralegal Date: iohbf Of , I EXHIBIT "A" DONALD G. JONES and, KAY A.JONES, Plaintiffs IN THE COURT 0}1 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. FRED WAGNER and, RICK BROWNA WELL, tld/b/a F & R FRAMING AND ROOFING, NO. 00-1457 CIVIl. TERM Defendants "~ " . ,'J : l~,: ~..t,t.;,y",' .u"" I t: .~;,.. . , Ill:LiIf!l\lli,~lJ \~"""'I.38i'1'~alIn PI I I 1 i iliilTT 7002 2410 0004 1005 0903 lin (ff~rr~ ......1140 : . 1~ .. lIII.. . .. t. '11Im ,'ir' ',""", '_. -::::i",':',:'" ..... &,a.....~ ",11I':01 " .-' ,,,":: ~~7"=- . .,;.:'w ;'"!.:.~, :. ,,::~,~;, '-U': r ',:,':lG'l:_::,J~^:,: ',' ,: ',,':',_': ::? '_ .', ,,',. ,.:,:,,::,::,:.:,--;>'TI'c:" .'fIUE1'A f12.&ff . ., I' 2. ".'! 1 ~"Jl'''. PS Form 8811. AuI/UIl'~ . ; i Ii !'\ \ i it!! \! I' 1\ U j Ii \ii! I t 7002 2410 0004 1005 0934 Ulfi/ti"- f 17 ,i! \ " il! ......1IMO (') C "'tJ~ "-1 !:pm --:0 ZS:;; c.) ~ ,7'" c..) r--~~ .PC:: ~ r;;', .,J, DONALD G. JONES and, KAY A. JONES, Plaintiffs IN THE COURT O]~ COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. FRED WAGNER and. RlCKBROWNAWELL, NO.OO-I457CMLTERM tld/b/a F & R FRAMING AND : ROOFING, Defendants 1. __ '* IW~ ,. IJ"1'EyR. ~1.IJ<<,E_+. ,.,. ,.~. l~ 1 &lltuw. S',U~."'i,' ,_, .,~ !~~ , 'v',," .a."~ .' (I/Ili!IiIiIil'.......~ ,Pl(l'1\""\'8"l,1';~~j i! \ j Ii I ! iil !l I n!l 7002 2410 0004 1005 0927 rrrrf'" .' , ," ',.....".......... 11. I I ! ! ~ I I I I ..11140 : i ~ LAW OFFICES OF PETER J. RUSSO, P. C. P A Supreme Court ill: 72897 The Chelsea Building 3800 Market Street Camp Hill, P A 17011 (717) 591-1755 DONALD G. JONES and, KAY A. JONES, Plaintiffs v. FRED WAGNER and, RICK BROWNA WELL, tJdlb/a F & R FRAMING AND ROOFING, Defendants \01 \( OCT 2 9 2004 P Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1457 CIVIL TI~RM RULE ABSOLUTE AND NOW, this L day of ~ , 2004, upon consideration of the attached Petition to Make the Rille Absolute, the relief requested by the Petitioner is granted and leave is granted for Peter J. Russo, Esquire, to withdraw as counsel of record for the Defendants, Fred Wagner, individually, and F & R Framing and Roofing. Distribution: ~er J. Russo, Esquire ~ark A. Mateya, Esquire vRobert G. Frey, Esquire ftecl ~ne(. 7 -0 i , \,,0 \ .. J. I i:X; C) ~ ""r. ~'l - ::>~ ~.,~ - t5 ~ 9z - .,1 .,,)<{ J,. ::r.:. ,~-> . .~ ~l~ ~O ':1: 'fj; g:. , l;J :;;... r:f,~. a::.UJ ~ :r: ,...,u..\ r- f?} a.- u- ..::r ",:.l_ c::::> "3 0 c::::;J t"'-I DONALD G. JONES and KAY A.JONES, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW FRED WAGNER and, RICK BROWNA WELL, tld/b/a F & R FRAMING AND ROOFING, Defendants : NO. 00-1457 - CIVIL TERM ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter on behalf of Defendant, Fred Wagner. Respectfully submitted, Dated: lul ,~ Mark A. Mateya, ~quire Attorney LD. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Attorney for Defendant CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the Entry of Appearance, on the following person( s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: ROBERT G FREY ESQUIRE 5 SOUTH HANOVER STREET CARLISLEPA 17013 \~, Mark A. Matey Esquire P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 DATED: I f001i Attorney for Defendant (-') r-...) c .~.' ~, ,:__~'J '..,; u, -n '- -:::1 :L~ "~1 r'~ ;Tl C...) '-..:; ! r , -- P,,) cn 0::" - - DONALD G. JONES and KA Y A. JONES, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYL VANIA : CIVIL ACTION - LA W : NO. 2000-1457 CIVIL TERM : ATLAW vs. FRED WAGNER and RICK BROWNA WELL, Vd/b/a, F &R Framing & Roofing, Defendants PRAECIPE To: The Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania Please dismiss the above-captioned action with prejudice and mark it satisfied. dated: June 7, 2005 Frey & Tiley, Attomeys for Plaintiff By \~l~ Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (7I 7) 243-5838 () ~ djff: "L..- 4i ([i;,':: ':"", ~C- ~/-.., b\: >c..: L:: ::t ,..., = = "" <- c: ::r.: I -J o -n -l :r::n iz :;--l-n .J:-n '40 ..-en ~ ~ -0 :It ~ w U1