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Home My WebLink About00-04329 , - '~ I MARSAR DEVELOPMENT CORP" , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION - LAW vs. 00-4329 CIVIL QUALITY BUILDERS WARRANTY CORP" Defendant IN RE: DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this day of October, 2000, upon consideration of Defendant, Quality Builders Warranty Corporation's Motion to Compel Answers to Interrogatories and Request for Production of Documents, a Discovery ConferencelHearing is set for Wednesday, November 08, 2000 at 11:00 a.m, in Courtroom Number (1), Cumberland County Courthouse, Carlisle, P A. The time, place and date being the same that Plaintiff's similar motion will be addressed. BY THE COURT, 1. Wesley Oler, Jr., 1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARSAR DEVELOPMENT CORP, Plaintiff, DOCKET NO, 2000-4329 v. CIVIL ACTION- LA ~ c -uS: ~VJ ',fll ::0 ~S;;; Z ;.:::0 ~o >8 ~ QUALITY BUILDERS WARRANTY CORP. Defendant DEFENDANT. OUALITY BUILDERS WARRANTY COPORATION'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS AND NOW comes Defendant, Quality Builders Warranty Corporation (QBW) and files the within Motion to Compel Answers to Interrogatories and Request for Production of Documents and avers in support hereof the following: 1, Plaintiff, Marsar Development Corp. (Marsar) filed the within action on June 26, 2000 seeking reimbursement of monies allegedly due from Defendant, Quality Builders Warranty Corporation (QBW). 2, On July 13, 2000 QBW filed preliminary Objections on the basis of the among other things, Marsar's Corporate Charter has been in forfeiture in the State of Maryland since October 6, 1998. The preliminary Objections have not been listed for Argument. -., , I c..-' c:> ::::> c-'> ...... N -.l ~ i I ,:1 i1 ~ , ~ -r;) ::.t: ~, ~ -.I ,.~ f;;lf1 -0,(9 :q 1 ()CJ ::;J..-r; is;/J -"",,,,J om -' :E: ~ "B '. - ~ . / 3. On August 10, 2000 QBW served its Request for Production of Documents and Interrogatories on Marsar. Marsar's Answers to QBW's Discovery Request were due on September 09, QBW did not receive Answers, which necessitated a Motion to Compel. Marsar answered by reply dated October 05, received by QBW on October 11. A copy of Marsar's untimely answers to QBW's Discovery Request is attached as Exhibit A. 4, On August 22, 2000 Marsar served Interrogatories and Request for Production of Documents on QBW, QBW timely filed Answers and Objections to Marsar's Discovery Request on September 21. 5. Marsar filed a Motion to Compel Answers to Interrogatories and Request for Production of Documents and Request for Sanctions and Attorney Fees and the Honorable 1. Wesley Oler, Ir, has scheduled a Discovery ConferencetHearing for Wednesday, November 08 at 11:00 a,m. in Courtroom Number 1. QBW seeks to compel Marsar to adequately respond to its Discovery Request and provide documents requested and requests that QBW's motion be heard on November 08 at 11:00 a.m. in connection with Marsar's Motion. 6. In reference to Marsar's Reply to QBW's for Request for Production of Documents. Marsar has failed to identifY any documents and has further prevented QBW from expecting or examining any documents. Therefore QBW requests that Marsar be directed to specifically identify the documents in Marsar's possession and to the extent Marsar does not possess the documents specifically identify any documents which Marsar is relying on in its claim or defense that Marsar contends is in QBW's possession, 7. In reference to Marsar's Answers to QBW's Interrogatories: If: / a, Answer to Interrogatory Number (2) identifies experts which Marsar intends to call at time of trial but fails to identify the collateral information which QBW requests in reference to experts and their testimony as requested in Interrogatories (3) through (8). b, Interrogatory Number (9) requests Marsar to set forth the testimony of witnesses, Marsar has identified two (2) officers of its company but states that it is unable to state what they will testify to without information requested in QBW's Interrogatories, Marsar has to know to what their own officers will testify to, c. Marsar's answer to Interrogatory (13b)is deficient in that it fails to specify an individual but rather identifies a corporate entity, 8, The Attorney representing Marsar is John James Mooney, III, Esquire, and Michael S. Rogovin, Esquire, 230 York Street, Hanover, Pennsylvania, Pa, 17331. WHEREFORE, Defendant, Quality Builders Warranty Corporation, requests that Plaintiff, Marsar Development Corporation be compelled to answer QBW's Interrogatory and Request for Production of Documents in accordance with the Rules of Civil Procedure, Respectfully submitted, QUALITY BUILDERS WARRANTY CORPORATION By ~ ~ C John . Gill, Esquire - A RNEY FOR DEFENDANT 325 North 2ad Street W ormleysburg, Pennsylvania, Pa. 17043 (717) 737-2522 I.D, # 41532 "1 . "', " I ~, " EXHIBIT A. IN THE CCURT OF COMMON P1EAS OF CUMBERIJl.ND C01JNTY, PENNSY1V1l.NIA ~~~S~~ DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QU~~ITY 3UILDERS W~~TY CORP., Defendant. PLAINTIF'" S ANS"...~RS TO DEFENDjI.-RT' S FIRST SET OF INTERROGATORIES .'INn NOW, on this ~ day of octobe:!:', 2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Answe:!:' to Defendant's First Set of Interrogatories as follows, to wit: I. Identify the name, address and title of each individual that provided answers and/or supplied information to answer these Interrogatories. a. Vincen.t J. Fiocco, III, 2718 Salem Bott= Road, Westminster, ~~land 21157 - President, MarSar Development Corporation. b. Dale V. Christensen, 2920 Arters Mill Road, Westminster, ~~land 21158 Vice-President, MarSar Development Corporation. 2. Please identify each expert witness you expect to call _.... .l- . 1 ~L. L.r~a..... a. Issach Menasc.'1e - Esquire, Carroll County Atto=ey's Office. b. Mike ~..aring - Chief Permi t Officer, Carroll County. . c. Ralph Green - Chief Inspection Officer, Carroll County. ,.; . I, , . Lt.:..., 3. What are the qualifications of each such expert? To be provided at time of trial. 4. Has any such expert ever testified in Court within the last ten (10) years? Unknown at this time. To be provided at trial. 5. If the answer to the preceding Interrogatory is in the affirmative, please state the following: (a-e) Not applicable. 6. State with specificity what testimony will be presented by each such expert, including but not limited to: a. The subject matter of which he is to testify; Warranty work at various locations in t..1ie Shiloh Run neighborhood.. b. The facts and opinions to which he is to testify; The quality of work performed by Plaintiff. c. The basis for his opinions; Experience, inspections of Plaintiff's work and interviews wi th homeowners. d. The identity of any text, journals, documents, records, reports, statistics, or other materials which such expert consulted or relied upon in forming his opinion or preparing his testimony; Unknown at this time. ~, ,-, - e. The purpose for consulting the expert. Affirmation of work completed by Plaintiff, quality of work, and necessity of warranty work. 7. Identify all documents prepared by each expert together with all correspondence between expert and Plaintiff or his/her agent, attorney, or anyone acting on Plaintiff's behalf. None at this time. 8. Identify all documents which each such expert intends to use at trial, including but not limited to, documents that such expert has prepared in preparation of trial. None at this time. 9. Please identify each witness you expect to call at trail other than those witnesses identified as experts. a. Dale V. Christensen b. Vincent J. Fiocco, III c. John Gill, Esquire d. J.M. Olshefski 10. State with specificity what testimony will be presented by each witness identified in the preceding Interrogatory, including, but not limited to: (a-c) Unable to answer without information requested in Plaintiff's Interrogatories. t~ I, .1 .I." ;. -I 11. Has Plaintiff, its agent, attorneys, or anyone acting on its behalf obtained a statement from any of the parties to this action? If so, please identify the name and address of each individual from whom a statement was obtained. None 12. Please state the complete factual basis for your averment in Paragraph (5) of your Complaint that ~no warranty issues had arisen, nor have any arisen since." Plaintiff avers that Plaintiff was told by both John Gill and another agent of Quality Builders Warranty Corp. that none of the escrow money had been spent by Defendant and that all would be returned to Plaintiff. 13. In reference to Paragraph (12) of your Complaint, please state with specificity: (a) Who responded that the funds in escrow would be returned in two (2) years provided no warranty claims had arisen at the end of the two (2) year period? Plaintiff cannot remember. (b) When was such information provided and to whom it was provided to: May of 1998 to Plaintiff. ~ . I i I,: 14. In referenGe to Paragraph (14) of your ComDlaint state with specificity who told Mr. Fiocco that the $25,000.00 was still in escrow, no claim had been paid and the two (2) year term would expire in August of 1998 and when such conversation was held. See Answer to Interrogatory #13. 15. In reference to Paragraph (7) and (31) of Plaintiff's Complaint state whether the ~escrow" agreement to which Plaintiff is referring was oral or in writing. If the agreement was oral state with specificity the terms of the agreement and if in writing attache a copy of the agreement. Paragraphs (7) and (31) of Plaintiff's Complaint speak for themselves. Agreement was oral, as between Plaintiff and Defendant, specifying terms and reason for escrow. Written es=ow agreement, not specifying terms or reasons, executed by the parties with Westminster Bank and Trust. Plaintiff believes Defendant is in possession of escrow contract. 16. In reference to Paragraph (34) of the Plaintiff's Complaint state with specificity whether Plaintiff was advised by, among other individuals, Harold A. Eastman r - ~.' ,f that Defendant expended substantial sums to repair the Connelly residence and the Lawrence residence constructed by Plaintiff. Yes. 17. In reference to MarSar Development Corp., please identify the following information from January 1, 1992 to present: a. Officers of MarSar, their title, current addresses and dates offices held. Titles still currently See Answers to Interrogatory #1. held. b. Shareholders of MarSar, their percent of ownership, and current addresses. Mr. Fiocco, 50% - see Interrogatory #1 Mr. Christensen, 50% - see Interrogatory #1 c. The names and current addresses of all employees of MarSar Development Corporation None 18. In reference to Paragraph (8) of Plaintiff's Complaint, state whether Plaintiff's Chapter 11 Bankruptcy was voluntarily dismissed and if the response is in the affirmative the date when the Bankruptcy was voluntarily dismissed. Ojt-, The Bank=ptcy was voluntarily dismissed at the request of the Officers of the Corporation on June 8, 1998. Respectfully submitted, MOONEY & ASSOCIATES By: ~~~~/~( John James M ey, nI, Esquire Attorney for Plaintiff 230 York Street Hanover, PA 17331 (717) 632-4656 ID #39137 ";1 . I' 1__ '--'e, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, ,rM do hereby certify that on this the ~ day of October, 2000, I served a copy of the foregoing Plaintiff's Answer to Defendant's First Set of Interrogatories upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 , By: ~, (/ John James M ey, Atty. I.D. #39137 /- III, Esquire h - -'", AFFIDA VII COMMONWEAI.:IHOF PENNSYLVANIA: : 88: COUNTY OF YORK Befuu: me. a Notary PubW:, in 8Dd fur said CouIIiy mi ~ pc:rsnruolty ~.:d v,~u,' 'IJ, ~icr~u j]]2. , , being duly swom .......Jiug to law, depose! mi saysthattbctBas('>M,,,.:...,dintbcA.."I!>,,:..g fi!,{}/', -1-, LluN..Jlp,,/.J i' / (7 --"""-""""""i( ~r ""~ k~~~ C-~, SWORN 8Dd SUBSCRIBED to betbre b tis otL day of OG-fob~r- .()rsDU "fD~'-I! cJ O~AL Notary Public Notarial Seal elaine K. Weese, Notary Publlo Hanover 8ore. York County My Commission Expires Mar. 29, 2004 MemOer, PennsytvaniaAsscciationolNctanes ~ IN TEE COlJRT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYL V Ai'lIA MARSARDEVELOPMENT CORP, Plaintiff. DOCKET NO, 2000-4329 CIVIL ACTION - LAW v, QUALITY BUILDERS WARRANTY CORP, Defendant REQUEST FOR PRODUCTION OF DOCUNmNTS ADDRESSED TO PLAINTlFF. MARSAR DEVELOPMENT CORP, Defendant, Quality Builders Warranty Corporation, by its undersigned counsel, hereby requests, pursuant to Pennsylvania Rules of Civil Procedure, that the Plaintiff, Marsar Development Corp" produce for inspection and copying each and every document described below which is in its possession, custody, or control to John A. Gill, Esquire at the office of Quality Builders Warranty Corporation, 325 North Second Street, Wormleysburg, Pennsylvania, 17043, within thirty (30) days. This discovery request shall be deemed continuing in nature so as to require supplemental responses if Plaintiff or any agent ofPlaintif'f obtains further information and documents. DOCl.1MENTS OR ITEMS SUBJECT TO TIllS REOUEST L Copies of all documents, notes, and memoranda in support of your claim and defenses, 1 *j ,I; ,- "-'-"-'-'-, 2, Copies of all documents referred to, identified In, or related to Plaintiff s Answer to Defendant's Interrogarories, 3, Copies of any and all requests for warranty work forwarded to Marsar Development Corporarion for homes enrolled in the QBW pro~am from 1993 to present, 4, Copies of all documents which evidence and support your understanding of the "escrow" agreement referred to in your Complaint. 5, All documents which you intend to use at trial, 6, All statements or memoranda of statements of any person who has any knowledge of the facts pertaining to your claim or defenses, was identified ill Plaintiff's answers to Interrogatories or who may be called as a witness at trial. 7, The current curriculum vitae for each such expert retained by Plaintiff Respectfully submitted, QUALITYBUlLDERS WARRANTY CORPORATION ~ill,E~uire Attorney for Defendant 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 ID#41532 2 "" . - - ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIlI_ MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. PLAINTIFF'S REPLY TO DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS . ,-1:1,- AND NOW, on thls n day of October, 2000, comes_ the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Reply to Defendant's Request for Production of Documents as follows, to wit: 1. plaintiff objects to this request as being over broad and unintelligible. Plaintiff further avers that Defendant possesses any and all documentation with regard to the Agreement by and between Plaintiff and Defendant. ~~ 2. plaintiff avers that Defendant is in possession of any and all documents relevant to these proceedings as evidenced by Defendant's Responses to Plaintiff's Request for Production of Documents at #2 and #4. 3. Plaintiff avers that Defendant is in possession of any and all documents relevant to this request as evidenced by Defendant's Responses to Plaintiff's Request for Production of Documents at #3. ,,;, " 4. Defendant is already in possession of "escrow" paperwork, a~ evidenced by Defendant's response to Plaintiff's Request for Production of Documents at #2 and #4. By way of further response, Plaintiff does not currently possess the "escrow" documentation. 5. ~~ stated previously, Plaintiff does not possess these documents. The documents requested are in the possession of the Defendant. over 6. Not applicable. Plaintiff objects to this Request as broad and unintelligible.y3~ 7. Not applicable. Respectfully submitted, MOONEY & ASSOCIATES By: /?~/d~ ~ John James ey, TIr, Esquire Attorney for Plaintiff 230 York Street Hanover, PA 17331 (717) 632-4656 ID #39137 !t<] ,. , I -. -~- -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVll.NIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, do hereby certify that on this the ~ci day of October, 2000, I served a copy of the foregoing, Plaintiff's Reply to Defendant's Request for Production of Documents upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 I I, Esquire ~ " .' I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARSARDEVELOPMENT CORP, Plaintiff, DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP, Defendant CERTIFICATE OF SERVICE I HEREBY CERTlFY that a copy of DEFENDANT'S QUALITY BUlLDERS WARRANTY CORPORATION'S MOTION TO COMPEL ANSWERS TO INTEROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS dated October 27, 2000 has been duly served upon the following party of record by depositing the same in the United States mail, postage prepaid, in Lemoyne, Pennsylvania on this 26th day of October 2000, and to the address Jisted below: TO: MR. JOHN JAMES MOONEY, III, ESQUIRE MR. MICHAEL S. ROGOVIN, ESQUIRE 230 YORK STREET HANOVER, PENNSYLVANIA 17331 ATTORNEY FOR PLAINTIFF 4~dl~,u..J ecretary 'r:'~ MSR!ekw 3/13/00 ,. , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, : No. 2000- 4321 Cv\L v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 for any other relief requested in these papers 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 ON~, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ;HELP. Office of the Court Administrator ADAMS COUNTY COURTHOVSE III Baltimore Street Gettysburg, Pennsylvania 17325 Telephone: (717) 334-6781 No.TICIA Le nan demandado a usted a la corte. Si usted guiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escri ta sus defensas 0 sus obj eciones alas demandas en contra suya. MSR/ekw /13/00 Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER D1NERO 0 PROP1EDADES 0 OTROS DERECHOS 1MPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATA$NTE, S1 USTED NO T1ENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECC10N SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGU1R AS1STENC1A LEGAL. Office of the Court Administrator ADAMS COUNTY COURTHOUSE 111 Baltimore Street Gettysburg, Pennsylvania 17325 Telephone: (717) 334-6781 u MSR/ekw 113/00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~LVANIA MARSAR DEVELOPMENT CORP. Pli'lintiff, No. 2000-j! 'f3.J.9c;;.J, v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. COMPLAINT AND NOW, on this ,'i+h day of may' ,2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Complaint, of which the following is a statement, to wit: 1. The Plaintiff is MarSar Development Corp., a business incorporated under the laws of the State of Maryland, with its principal place of business located at 2718 Salem Bottom Road, Westminster, Maryland 21157. 2. The Plaintiff is in the business of new home construction. 3. The Defendant is. Quality Builders Warranty Corp., a business incorporated under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 325 North Second Street, P.O. Box 271, Wormleysburg, Cumberland County, Pennsylvania 17043. 4. The Defendant's business consists principally of providing warranties for new home construction. , MSR/ekw! /13/00 5. On or about 1992, Plaintiff, MarSar Development Corp., entered into a written agreement with Defendant, Quality Builders Warranty Corp., whereas Quality Builders Warranty Corp. would serve as MarSar Development's ten (10) year builder warranty provider. Ii 6. In 1996, Quality Builders Warranty Corp. decided that MarSar was not financially equipped to continue, and requested $25,000.00 from MarSar to be held in escrow and drawn upon if any claims against MarSar were to arise due to construction problems. 7. MarSar agreed to escrow $25,000.00 with Westminster Bank & Trust, and Quality Builders Warranty Corp. was permitted to draw down on the account, were any warranty issues to arise. 8. In 1996 MarSar Development Corp. filed for Chapter 11 bankruptcy. 9. Subsequent to MarSar filing for bankruptcy, Quality Builders Warranty Corp. drew down the entire amount held in escrow with Westminster Bank & Trust, said amount being $25,000.00. 10. No warranty issues had arisen, nor have any arisen since. 11. In 1996 MarSar, upon completion of the last home, inquired as to when the $25,000.00 purportedly still held in escrow, would be returned. ~" MSR/ebol /13/00 12. Quality Builders Warranty Corp. responded by stating that the funds in escrow would be returned in two (2) years, provided no warranty claims had arisen at the end of the 2 year term. 13. In June of 1998, Mr. Vincent J. Fiocco, III, a co-owner of MarSar, inquired as to the status of the escrow account, and if any claims had arisen. 14. Mr. Fiocco was told by Quality Builders Warranty Corp. that the $25,000.00 was still in escrow, no claim had been paid, and the two (2) year term would expire in August of 1998. 15. In August of 1998 Mr. Fiocco again inquired as to the status of the escrow funds, and as to any claims paid. 16. Mr. Fiocco was told that Quality Builders Warranty Corp. would release the funds in one (1) week. 17. Several weeks later, on or about September of 1998, Mr. Fiocco conversed with Mr. John Gilt, the owner and attorney for Quality Builders Warranty Corp. Mr. Gill advised Mr. Fiocco that all of the funds in escrow had been spent, and that MarSar would receive nothing. 18. Mr. Fiocco requested an accounting for the escrow funds which were purportedly spent. 19. Mr. Gill advised Mr. Fiocco that he would provide the , ., accounting, but that this would take some time. MSR/ekw /13/00 20. To date, Quality Builders Warranty Corp. has not returned the funds to MarSar, nor provided an accounting as to the disposition of said $25,000.00 escrow funds. CoVnt I - Conversion 21. Pa~agraphs 1 through 20 are incorporated herein by reference. 22. Defendant, Quality Builders Warranty Corp., did knowingly deprive Plaintiff, MarSar, of $25,000.00, MarSar being lawfully entitled to possession of the same. 23. Defendant, Quality Builders Warranty Corp., has withheld said funds and/or spent the same without Plaintiff's knowledge or consent, and without lawful possession. 24. Defendant's conduct has been outrageous, willful, wanton and malicious. WHEREFORE, Plaintiff, MarSar, respectfully requests this Honorable Court enter an award of restitution in the amount of $25,000.00, plus reasonable interest from August 15, 1998, in favor of Plaintiff as against Defendant, punitive damages as against Defendant for its outrageous conduct and, further, award any other remedy the Court may deem just and appropriate. Count II - Unjust Enrichment 25. Paragraphs 21 through 24 are herein incorporated by reference. II , MSRlekw /13/00 I~ !i at,,: 26. Defendant, Quality Builders Warranty Corp., has misappropriated $25,000.00 not lawfully in their possession. 27. Plaintiff believes, and therefore avers, that Defendant has used said funds in a way benefitting solely the Defendant. 28. Plaintiff is the lawful owner of said funds, and is I II entitled to possession. 29. Defendant shall be unjustly enriched in the amount of $25,000.00 if permitted to retain said escrow funds lawfully owned by Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an award of restitution in the amount of $25,000.00 in favor of Plaintiff as against Defendant and further requests reasonable interest from August 15, 1998 plus any other award the Court deems just and appropriate. Count III - Breach of Contract 30. Paragraphs 25 through 29 are incorporated herein by reference. 31. Plaintiff, MarSar, did offer to escrow $25,000.00 so as to secure Defendant's services as warranty provider. 32. Defendant, Quality Builders Warranty Corp., did accept the offer to escrow in the amount of $25,000.00, and served as Plaintiff's warranty provider. 33. Plaintiff and Defendant agreed that said escrow funds would be returned to Plaintiff when and if no claims arose as a result of warranty issues. ""-0 MSR/ekw 3/13/00 34. No warranty issues have arisen. 35. Defendant, Quality Builders Warranty Corp., has failed and refuses to return the escrow funds, thereby constituting breach of oral contract. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an award of damages in the amount of $25,000.00, plus interest from August 15, 1998, in favor of Plaintiff as against Defendant, and any other award the Court deems just and appropriate. Count IV - I~tentional Misrecresentation 36. Paragraphs 30 through 35 are incorporated herein by reference. 37. Defendant, Quality Builders Warranty Corp., represented to Plaintiff, MarSar, that the escrow funds in the amount of $25,000.00 would be returned on or about August 15, 1998 if no claims arose under warranty issues. 38. Defendant, Quality Builders Warranty Corp., made the aforementioned representations either knowing of their falsity, or recklessly as to whether re~resentations were true or false. 39. Defendant, Quality Builders Warranty Corp., intended to mislead Plaintiff into believing the funds were still held in escrow, and would be returned to Plaintiff when, in fact, the funds were not to be returned or had already been spent unlawfully by the Defendant. Ll , ~i MSRlekw /13/00 40. Plaintiff relied on the misrepresentations and expected to receive the escrow funds, to which Plaintiff had a lawful right of possession. 41. Plaintiff has been injured by said misrepresentations in the amount of $25,000.00 and, additionally, a reasonable amount of interest representing the lost opportunities which would have been open to Plaintiff, had Plaintiff's funds been returned as of August 15, 1998. 42. Defendant's actions were intentional, outrageous, willfu11 and wanton. WHEREFORE, Plaintiff, MarSar, respectfully requests this Honorable Court enter an award of damages in favor of Plaintiff as against Defendant in the amount of $25,000.00, which represents the amount placed in escrow, and lawfully owned by Plaintiff, a punitive damage award for Defendant's outrageous conduct, and reasonable interest from August 15, 1998, plus any other award the Court may Respectfully sub " II AFFIDA vrr COMMONWEALTH OF PENNSYLVANIA: COUNTY OF YORK : SS: Hefure me. a NotaIy Public. in and for said County and Cllmmonwcalth, peIBOIIIIIly appean:d v''rl ('; f1 f.r R 0('.120, ]Ii: . ~ duly swom ..........Jiug to Jaw. deposes and says 1batthe &cis Oon.IAi....! in the tbregoiDg romp/Oinr _truoand\NU..c:ttothebestof hl~!\ ~. PI} SWORN and SUBSCRIBED to bo1bm DID this '6/1t.day of ((1/1,11 . rJ(X)() ;//In ( ~::.;!W(})1f Notarial Seal Karen l. Worley, Notary Public Oxford Twp., Adams County My Commission Expires Apr. 1. 2002 Member, Pennsylvania Association of Notaries and belief. L, El SHERIFF'S RETURN - REGULAR CASE NO: 2000-04329 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARSAR DEVELOPMENT CORP VS QUALITY BUILDERS WARRANTY CORP ROBERT L. FINK, SR. , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon QUALITY BUILDERS WARRANTY CORPORATION the DEFENDANT , at 1725:00 HOURS, on the 28th day of June , 2000 at 325 NORTH SECOND STREET WORMLEYSBURG, PA 17043 by handing to JIM OLSHEFSKI, PURCHASE MANAGER 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 So Answers: ,~ _ r~-f~ 18.00 9.92 .00 10.00 .00 37.92 R. Thomas Kline 06/29/2000 MOONEY & ASSOCIATES Sworn and Subscribed to before BY:c7fZ~~~ Depu y Sheriff me this /02- <!:' day of ~ oZ,m) A.D. 1[-,- a 7h-,I;~""I'~ P othonotary .-- ,- '. ~ ~ .' '" .~-' I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff: DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP. Defendant NOTICE TO PL~ To: Marsar Development Corporation c/o Mr. John James Mooney, rtI, Esquire Mooney & Associates Attorney for Plaintiff 230 York Street Hanover, PA 17331 You are hereby notified to file a written response to the enclosed Preliminary Objection to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. ~ - John A. Gill, Esquire Attorney for Defendant QUALITY BUILDERS WARRANTY CORPORATION 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 'J: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYL VANIA MARSAR DEVELOPMENT CORP, Plaintiff, DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP. Defendant DEFENDANT. 9UALITY BUILDER WAfWANTY CORPO~TION'S PRELIMINARY OBJECTIONS TO rLAlNTI,FF1 ~AR DEVELOPMENT CORPORATlON'S CO:tm'4INT AND NOW this I ztl. day of July 2000 comes the Defendant, Quality Builders Warranty Corporation (QBW) by and through its attorney, John A. Gill, Esquire, and files the within Preliminary Objection to Plaintiff's, Complaint and avers in support hereof the following: A. LACK OF CAPACITY TO SUE 1. Plaintiff, Marsar Development Corporation (Marsar) alleges that it is a business incorporated under the laws of the state of Maryland with its principal place of business located at 2718 Salem Bottom Road, Westminster, Maryland 21157. 2. The Corporate Chl\rter ofMarsar has been in forfeiture since October 6, 1998 for failure to pay personal property taxes in the state of Maryland, -'W ^ ,;, L ~ -1 3. Marsar is not a corporation in good standing and therefore is unable to institute legal proceedings through that corporate entity, WHEREFORE, Defendant, QBW requests that Plaintiff's Complaint be dismissed. B, FAI;LUlm OF COMPLAINT TO CONFOIy\f TO LAW OR RULE OF COURT 1. COl\llt ill ofMarsar's Complaint alleges breach of contract and refers to written agreements allegedly breached in paragraphs (5) (6) and (7) of the Complaint. 2. Marsar has failed to attach the written documents On which their claim is Based in violation ofPaRC.P. 1019 (h). WHEREFORE, Defendant,QBW requests that Plaintiff's Complaint be dismissed. C. FULUCOMPLETE AND ADEOUA~ NON-STATUTORY REMEDY AT LAW 1. Counts I and II ofMarsar's Complaint seeks equitable relief 2, The basis of Marsar's Complaint is breach of a written agreement, 3. Marsar has a full, complete and adequate non-statutory remedy at law and therefore Counts I and II of Plaintiff's Complaint should be dismissed. if'" ~ ,I -"" WHEREFORE, Defendant, QBW requests that Counts I and IT of Plaintiff's Complaint be dismissed. Respectfully submitted, QUALITY BUILDERS WARRANTY CORPORATION B~ A. Gill, Esquire Attorney for Defendant 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 ill # 41532 1IT4 ~- _~l ' I. . . . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARSAR DEVELOPMENT CORP, Plaintifl: DOCKET NO, 2000-4329 CIVIL ACTION - LAW v, QUALITY BUILDERS WARRANTY CORP. Defendant CERTIFICATE OF ~ERVICE I HEREBY CERTIFY that the original of the foregoing, DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT, has been duly served upon the following parties of record by depositing the same in the United States mail, postage prepaid, in Lemoyne, Pennsylvania on this 12th day of July, 2000, and to the address listed below: Mr. John James Mooney, III, Esquire Mooney & Associates Attorney for Plaintiff 230 York Street Hanover, PA 17331 ~(fc1famJ,Jj:"J Secretary Gr-, '~j: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, on this pt day of August, 2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Answer to Preliminary Objections, to wit: A. LACK OF CAPACITY TO SUE 1. Admitted. 2. Admitted. 3. Denied. Marsar is a corporation in a Chapter 11 Bankruptcy, and continues to be able to institute legal proceedings through that corporate entity. WHEREFORE, Plaintiff, Marsar Development Corp., requests that Defendant's Preliminary Objections be dismissed. B. FAILURE OF COMPLAINT TO CONFORM TO LAW OR RULE OF COURT 1. Admitted in part. Denied in part. It is admitted that Count III of Marsar's Complaint refers to written agreements in paragraph (5). It is denied that Marsar's Complaint alleges I, -',I breach of a written contract. Paragraph (6) of Marsar'S Complaint alleges breach of an oral contract. Paragraph (7) further alleges breach of an oral contract. 2. Admitted in part. Denied in part. It is admitted that Marsar has failed to attach the written documents. It is denied that Marsar's claim is based on written documents and, therefore, Marsar has not violated Pa.R.C.P. 1019(h). WHEREFORE, Plaintiff, Marsar, requests that Defendant's Preliminary Objections be dismissed. C. FULL/COMPLETE AND ADEOUATE NON-STATUTORY REMEDY AT LAW 1. Admitted. 2. Denied. The basis of Marsar's Complaint is breach of an oral agreement. 3. Denied. Marsar does not have a full, complete and adequate non-statutory remedy at law. WHEREFORE, Plaintiff, MarSar, respectfully requests this Honorable Court dismiss Defendant's Preliminary Objections. Respectfully submitted, MOONEY & ASSOCIATES By: ney, II, Esquire Attorney for Plaintiff 230 York street Hanover, PA 17331 (717) 632-4656 ID #39137 ~-; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, do hereby certify that on this the pt day of August, 2000, I served a copy of the foregoing Answer to Preliminary Objections upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second street Wormleysburg, PA 17043 By: John James Mo ey, Atty. I.D. #65108 II , , " , I - ,-.1-1- -, I-~ , MARSAR DEVELOPMENT CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant NO. 00-4329 CIVIL TERM ORDER OF COURT AND NOW, this 21 st day of September, 2000, upon consideration of Defendant's motion for protective order, sanctions, and stay of discovery proceedings, based primarily upon Plaintiffs failure to provide discovery to Defendant, a rule is issued upon Plaintiff to show cause, if any it has, why it should not be required to answer Defendant's interrogatories and produce documents requested by Defendant. Other relief sought by Defendant, such as a stay of other discovery proceedings, is denied. BY THE COURT, John J. Mooney, III, Esq. 230 York Street Hanover, P A 17331 Attorney for Plaintiff y ('\.tP \I 0\ ').: ~ John A. Gill, Esq. 325 North Second Street Wormleysburg, PA 17043 Attorney for Defendant :rc 7:rc; " ~~~""',-' FiLEO-()):'FiCE ,'~ TI 'C' 1""'-' "-,, 1,")'tAny t:;- .,-':- I'"~ .',.._,:>1__,lj\t.. l,.vi OOSEP21 Pi11:59 CUM8ERi.A~[; COUNTY PENNSYLVANIA " , ,~'''"'',.< '~',-,,-,",. ".' ,~" -~, .'~ ,--,-",---y,,,,-,;~-,,",,~,~-,,,,~, ~";',-"'~"'0-","'-'~"~' '-"~",' lr~ TI '1 -1 1_ [tllJl"~,mw~~~~~I.~""",. ~r:>"t . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP. Defendant RULE TO SHOW CAUSE/ORDER AND NOW, this day of September, 2000, upon consideration of the within Motion IT IS HEREBY ORDERED that a Rule to Show Cause is hereby issued upon Plaintiff, Marsar Development Corp., to show cause why the Defendant, Quality Builders Warranty Corporation, is not entitled to the relief requested in the attached Motion. IT IS FURTHER ORDERED that further Discovery Proceedings by Marsar Development Corp. be stayed pending resolution of the within Motion. IT IS FURTHER ORDERED that Defendant, Quality Builders Warranty Corporation is not required to answer and! or object to Marsar Development Corp.'s Discovery Request until twenty (20) days after Plaintiff, Marsar Development Corp, serves its Answers to Defendant, Quality Builders Warranty Corporation's Discovery Request. Rule returnable twenty (20) days after service. By The Court: (1) I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA MARSAR DEVELOPMENT CORP, Plaintiff, DOCKET NO, 2000-4329 CIVIL ACTION - LAW v, QUALITY BUILDERS WARRANTY CORP. Defendant DEFENDANT. QUALITY BUILDERS WARRANTY CORPORATION'S MOTION FOR PROTECTIVE ORDER. SANCTIONS AND STAY OF DISCOVERY PROCEEDINGS AND NOW comes Defendant, Quality Builders Warranty Corporation, (QBW) and files the within Motion for a Protective Order pursuant to Pa. RC.P. 4012, a Motion for Sanctions pursuant to Pa, RC,P. 4019 and a Motion for Stay of Discovery Proceedings pursuant to Pa, R C, p, 4013, and avers in support hereof the following: I, Plaintiff, Marsar Development Corp, (Marsar) filed the within action on June 26, 2000 seeking reimbursement of monies allegedly due from Defendant, Quality Builders Warranty Corporation (QBW). 2, On July 13, 2000 QBW filed preliminary Objections on the basis of the among other things, Marsar's Corporate Charter has been in forfeiture in the State of Maryland since October 6, 1998. The preliminary Objections have not been listed for Argument, 1 ,'" . ,I ~ - , , 3. On August 10, 2000 QBW served its Request for Production of Documents and Interrogatories on Marsar, a copy of which is attached and collectively marked as Exhibit "A", 4, On August 22, 2000 Marsar served Interrogatories and Request for Production of Documents on QBW. 5, Marsar's answers to the Discovery Request were due on September 09 and said answers have not been forwarded at this point in time. 6, QBW's answers to Marsar's Discovery Request are due on September 21, 2000, 7. QBW seeks an Order as follows: A. That QBW not be required to file its Answers and Objections to Marsar's Discovery Request until Marsar complies with its obligations under the Pennsylvania Rules of Civil Procedure. It would be inequitable for QBW to have to forward its answers or objections when Marsar is in breach of their obligations to file answers. B. That Marsar be directed to file Answers, without Objections, to QBW's Discovery Request, said Objection having been waived by failure to timely respond to QBW's Discovery Request, C. Further Discovery by Marsar be stayed until Marsar complies with their Discovery Obligations under the Pennsylvania Rules of Civil Procedure, 8, The Attorney representing Marsar is John James Mooney, III, Esquire, 230 York Street, Hanover, Pennsylvania, Pa, 1733l. 2 " - ,-" - WHEREFORE, Defendant, Quality Builders Warranty Corporation, requests that a Rule be issued to show cause why the reliefwitbin the within Motion should be granted and that an Order be entered against Plaintiff, Marsar Development Corporation for the relief requested. Respectfully submitted, By: hn ,Gill, Esquire AT Y,FORDEFENDANT, QBW 325 North Second Street Wormleysburg, Pennsylvania 17043 (717) 737-2522 I. D. # 41532 3 , , ' 1'1 j- IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, DOCKET NO. 2000-4329 CIVll. ACTION - LAW v, QUALITY BUILDERS WARRANTY CORP. Defendant DEFENDANT'S FIRST SET OF INTERROGATORIES ADDRESSED TO PLAINTIFF. MARSAR DEVELOPMENT CORP To: Marsar Development Corporation c/o Mr, John James Mooney, III, Esquire Mooney & Associates Attorney for Plaintiff 230 York Street Hanover, PA 17331 The above-named Defendant, by and through its attorney, John A. GilI"Esquire, hereby requests that the Plaintiff answer fully, in writing and under oath, the following Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure, 1 l:li~ ~ ~ J ,I; INTERROGATORIES 1. Identify the name, address and title of each individual that provided answers and/or supplied information to answer these Interrogatories, 2, Please identify each expert witness you expect to call at trial, 3. What are the qualifications of each such expert? 4. Has any such expert ever testified in Court within the last ten- (10) years? 2 5,'5) , ' I 5. If the answer to the preceding Interrogatory is in the affirmative, please state the following: (a). The case name; (b). The Court and case index number; (c). The nature of the case; (d). Whether the expert testified for the Plaintiff or the Defendant; (e.) The fees charged by the expert for each case identified. 3 ~lOii ,I I. 6. State with specificity what testimony will be presented by each such expert, including but not limited to: (a). The subject matter of which he is to testify; (b), The facts and opinions to which he is to testify; (c). The basis for his opinions; (d), The identify of any text, journals, documents, records, reports, statistics, or other materials which such expert consulted or relied upon in forming his opinion or preparing his testimony; (e), The purpose for consulting the expert, 4 I' 7. Identify all documents prepared by each expert together with all correspondence between expert and Plaintiff or hislher agent, attorney, or anyone acting on Plaintiff's behalf. 8. Identify aU documents which each such expert intends to use at trial, including but not limited to, documents that such expert has prepared in preparation of trial. 9. Please identify each witness you expect to call at tria1 other than those witnesses identified as experts. 10. State with specificity what testimony will be presented by each witness identified in the preceding Interrogatory, including, but not limited to: (a). The subject matter of which he is to testify; 5 I.. I. (b). The facts to which he is to testify; ( c). Identify all documents, which each witness intends to use at trial. 11, Has Plaintiff, its agent, attorneys, or anyone acting on its behalf obtained a statement from any of the parties to this action? . If so, please identify the name and address of each individual from whom a statement was obtained. 12, Please state the complete factual basis for your averment in Paragraph (5) of your Complaint that "no warranty issues had arisen, nor have any arisen since." 13. In reference to Paragraph (12) of your Complaint, please state with specificity: 6 !WI , I .--- (a). Who responded that the funds in escrow would be returned in two (2) years provided no warranty claims had arisen at the end of the two (2) year period. (b), When was such information provided and to whom it was provided to. 14, In reference to Paragraph (14) of your Complaint state with specificity who told Mr, Fiocco that the $25,000.00 was still in escrow, no claim had been paid and the two (2) year term would expire in August of 1998 and when such conversation was held. 15. In reference to Paragraph (7) and (31) ofPlaintitT's Complaint state whether the "escrow" agreement to which Plaintiff is referring was oral or in writing. If the agreement was oral state with specificity the terms of the agreement and if in writing attach a copy of the agreement. 7 i 16. In reference to Paragraph (34) of the Plaintiff's Complaint state with specificity whether Plaintiff was advised by, among other individuals, Harold A. Eastman that Defendant expended substantial sums to repair the Connelly residence and the Lawrence residence constructed by Plaintiff. 17. In reference to Marsar Development Corp., please identifY the following information from January 01,1992 to present: (a). Officers of Marsar, their title, current addresses and dates offices held. (b). Shareholders of Marsar, their percent of ownership, and current addresses. (c.) The names and current addresses of all employees of Marsar Development Corporation. 8 'm , I 18. In r~ference to Paragraph (8) of Plaintiff' s Complaint, state whether Plaintiff's Chapter 11 Bankruptcy was voluntarily dismissed and if the response is in the affirmative the date when the Bankruptcy was voluntarily dismissed, Respectfully submitted, QUALITY BUILDERS WARRANTY CORPORATION BY~-Z hn . Gill, Esquire Attorney for Defendant 325 North Second Street Wormieysburg, PA 17043 (717) 737-2522 ID#41532 9 '*,~ - - I~"J ' ~. 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, DOCKET NO, 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP, Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original and two (2) copies of the foregoing, DEFENDANT'S FIRST SET OF IN1ERROGATORIES, has been duly served upon the following parties of record by depositing the same in the United States mail, postage prepaid, in Lemoyne, Pennsylvania on this lOth day of August, 2000, and to the address listed below: Mr. John James Mooney, III, Esquire Mooney & Associates Attorney for Plaintiff 230 York Street Hanover, PA 17331 ~trfJrH) Secretary ~ " To';, , ..... ~ - , <, '''' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA MARSARDEVELOPMENT CORP. Plaintiff: DOCKET NO. 2000-4329 CIVIL ACTION - LAW v, QUALITY BUILDERS WARRANTY CORP. Defendant REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF. MARSAR DEVELOPMENT CORP. Defendant, Quality Builders Warranty Corporation, by its undersigned counsel, hereby requests, pursuant to Pennsylvania Rules of Civil Procedure, that the Plaintiff: Marsar Development Corp., produce for inspection and copying each and every document described below which is in its possession, custody, or control to John A. Gill, Esquire at the office of Quality Builders Warranty Corporation, 325 North Second Street, Wormleysburg, Pennsylvania, 17043, within thirty (30) days. This discovery request shall be deemed continuing in nature so as to require supplemental responses if Plaintiff or any agent of Plaintiff obtains further information and documents. DOCUMENTS OR ITEMS SUBJECT TO THIS REOUEST 1, Copies of all documents, notes, and memoranda in support of your claim and defenses, 1 1:~ . >t' .1\ ~, I' 1__ ~ 2, Copies of all documents referred to, identified in, or related to Plaintiff's Answer to Defendant's Interrogatories. 3. Copies of any and all requests for warranty work forwarded to Marsar Development Corporation for homes enrolled in the QBW program from 1993 to present, 4. Copies of all documents which evidence and support your understanding of the "escrow" agreement referred to in your Complaint. 5. All documents which you intend to use at trial. 6. All statements or memoranda of statements of any person who has any knowledge of the facts pertaining to your claim or defenses, was identified in Plaintiff's answers to Interrogatories or who may be called as a witness at trial. 7. The current curriculum vitae for each such expert retained by Plaintiff. Respectfully submitted, QUALITY BUILDERS WARRANTY CORPORATION ~ - . . Gill, Esquire Attorney for Defendant 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 ID#4l532 2 "",~ ....' ,".""," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP, Plaintiff: DOCKET NO. 2000-4329 CIVIL ACTION - LAW v, QUALITY BUILDERS WARRANTY CORP. Defendant CERTIFICATE OF SERVICE , I HEREBY CERTIFY that the original and two (2) copies of the foregoing, DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS, has been duly served upon the following parties of record by depositing the same in the United States mail, postage prepaid, in Lemoyne, Pennsylvania on this 101h day of August, 2000, and to the address listed below: Mr. John James Mooney, ill, Esquire Mooney & Associates Attorney for Plaintiff 230 York Street Hanover, PA 17331 41~ ~ ,J;{j;) Secretary "!: '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as co-counsel for the Plaintiff, MarSar Development Corp., in the above-captioned matter. Respectfully submitted, MOONEY & ASSOCIATES Date: 10 !I;!u" BY: Michael S. ovin, Esquire Co-counsel for Plaintiff 40 East Philadelphia Street York, PA 17401 (717) 846-4722 LD.# 83861 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, Michael S. Rogovin, ESQUIRE, attorney for MarSar Development Corp., do hereby certify that on this the tr~ day of October, 2000, I served a copy of the original Entry of Appearance upon the following persons and in the following manner: By first class mail, postage pre-paid: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 Counsel for Defendant By: S. R ovin, Esquire 40 East Philadelphia Street York, PA 17401 (717) 846-4722 LD.# 83861 iwI' ~ H ~ii~~~liff~.iUHtf%iit'lh~fglf.t,i<!-.!j"Jit'''At1:lN;"dl-'~,"iWhj',''''i!dl.._\1M''''''''''''k;i!W.~~llil:OO;'G~II!iiimlil'lUl&i~~~-\liI'''-"~ L"':'lll~l!iiiIll_I.",~",.L~ JiIIi!l' ~H'~1IIl!l!!b o ,- -o:~ ,_0:; ~r ;?;Q J;>. \._' c:: :z :< :;,; j~:j c:::> (;:) (.7) C;l o ,-) -J () 'I -'-J r~- - <.:::J 2~~ (1..: .,,;,~ ,c'c CSTil .':?;! :JJ '"' " I _Co" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. ANSWER TO RULE TO SHOW CAUSE AND NOW, on this )~ day of October, 2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the following Answer to Rule to Show Cause, to wit: 1. Plaintiff has responded to Defendant's Interrogatories and Requests for Production of Documents as evidenced by the attached Exhibits. Respectfully submitted, MOONEY & ASSOCIATES By: nL./ d~~~ john James Mo ey, 11 , Esquire Attorney for Plaintiff 230 York Street Hanover, PA 17331 (717) 632-4656 ID #39137 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, do hereby certify that on this the ~~ day of October, 2000, I served a copy of the foregoing Answer to Rule to Show Cause upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 By: AI/ ~~ ' John James Mo ey, III Esquire Atty. I.D. #39137 il..,j J..,j __,'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. PLAINTIFF'S REPLY TO DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS AND NOW, on this 6l:iJ, day of October, 2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Reply to Defendant's Request for Production of Documents as follows, to wit: 1. Plaintiff objects to this request as being over broad and unintelligible. Plaintiff further avers that Defendant possesses any and all documentation with regard to the Agreement by and between Plaintiff and Defendant. ~~ 2. Plaintiff avers that Defendant is in possession of any and all documents relevant to these proceedings as evidenced by Defendant's Responses to Plaintiff's Request for Production of Documents at #2 and #4. 3. Plaintiff avers that Defendant is in possession of any and all documents relevant to this request as evidenced by Defendant's Responses to Plaintiff's Request for Production of Documents at #3. I " ~~ ~~ -- !.! . Ii ,I ~" 4. Defendant is already in possession of uescrow" paperwork, as evidenced by Defendant's response to Plaintiff's Request for Production of Documents at #2 and #4. By way of further response, Plaintiff does not currently possess the Uescrow" documentation. 5. As stated previously, Plaintiff does not possess these documents. The documents requested are in the possession of the Defendant. over 6. Not applicable. Plaintiff objects to this Request as broad and unintelligible.~~ 7. Not applicable. Respectfully submitted, MOONEY & ASSOCIATES By: John James ey, I, Esquire Attorney for Plaintiff 230 York street Hanover, PA 17331 (717) 632-4656 ID #39137 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, do hereby certify that on this the ~~ day of October, 2000, I served a copy of the foregoing Plaintiff's Reply to Defendant's Request for Production of Documents upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 By: / John James Mo ey, Atty. I.D. #39137 - ,";~ - " ~ "~ ~,~ .' ' '0>1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. PLAINTIFF'S ANSWERS TO DEFENDANT'S FIRST SET OF INTERROGATORIES AND NOW, on this ~ day of October, 2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Answer to Defendant's First Set of Interrogatories as follows, to wit: 1. Identify the name, address and title of each individual that provided answers and/or supplied information to answer these Interrogatories. a. Vincent J. Fiocco, III, 2718 Salem Bottom Road, Westminster, Maryland 21157 - President, MarSar Development Corporation. b. Dale V. Christensen, 2920 Arters Mill Road, Westminster, Maryland 21158 Vice-President, MarSar Development Corporation. 2. Please identify each expert witness you expect to call at trial. a. Issach Menasche - Esquire, Carroll County Attorney's Office. b. Mike Maring - Chief Permit Officer, Carroll County. c. Ralph Green - Chief Inspection Officer, Carroll County. I I " ~- , __L_ L ~J 3. What are the qualifications Gf each such expert? To be provided at time of trial. 4. Has any such expert ever testified in Court within the last ten (10) years? Unknown at this time. To be provided at trial. 5. If the answer to the preceding Interrogatory is in the affirmative, please state the following: (a-e) Not applicable. 6. State with specificity what testimony will be presented by each such expert, including but not limited to: a. The subject matter of which he is to testify; Warranty work at various locations in the Shiloh Run neighborhood. b. The facts and opinions to which he is to testify; The quality of work performed by Plaintiff. c. The basis for his opinions; Experience, inspections of Plaintiff's work and interviews with homeowners. d. The identity of any text, journals, documents, records, reports, statistics, or other materials which such expert consulted or relied upon in forming his opinion or preparing his testimony; Unknown at this time. , I ~ I~I~~ ~ "~ I.L l..,~" e. The purpose for consulting the expert. Affirmation of work completed by Plaintiff, quality of work, and necessity of warranty work. 7. Identify all documents prepared by each expert together with all correspondence between expert and Plaintiff or his/her agent, attorney, or anyone acting on Plaintiff's behalf. None at this time. 8. Identify all documents which each such expert intends to use at trial, including but not limited to, documents that such expert has prepared in preparation of trial. None at this time. 9. Please identify each witness you expect to call at trail other than those witnesses identified as experts. a. Dale V. Christensen b. Vincent J. Fiocco, III c. John Gill, Esquire d. J.M. Olshefski 10. State with specificity what testimony will be presented by each witness identified in the preceding Interrogatory, including, but not limited to: (a-c) Unable to answer without information requested in Plaintiff's Interrogatories. I ~ I,!"' ".- I" ".,....~,', ~ 11. Has Plaintiff, its agent, attorneys, or anyone acting on its behalf obtained a statement from any of the parties to this action? If so, please identify the name and address of each individual from whom a statement was obtained. None 12. Please state the complete factual basis for your averment in Paragraph (5) of your Complaint that ~no warranty issues had arisen, nor have any arisen since." Plaintiff avers that Plaintiff was told by both John Gill and another agent of QUality Builders Warranty Corp. that none of the escrow money had been spent by Defendant and that all would be returned to Plaintiff. 13. In reference to Paragraph (12) of your Complaint, please state with specificity: (a) Who responded that the funds in escrow would be returned in two (2) years provided no warranty claims had arisen at the end of the two (2) year period? Plaintiff cannot remember. (b) When was such information provided and to whom it was provided to: May of 1998 to Plaintiff. , I !"I ~- ........",~i- 14. In reference to Paragraph (14) of your Complaint state with specificity who told Mr. Fiocco that the $25,000.00 was still in escrow, no claim had been paid and the two (2) year term would expire in August of 1998 and when such conversation was held. See Answer to Interrogatory #13. 15. In reference to Paragraph (7) and (31) of Plaintiff's Complaint state whether the ~escrow" agreement to which Plaintiff is referring was oral or in writing. If the agreement was oral state with specificity the terms of the agreement and if in writing attache a copy of the agreement. Paragraphs (7) and (31) of Plaintiff's Complaint speak for themselves. Agreement was oral, as between Plaintiff and Defendant, specifying terms and reason for escrow. Written escrow agreement, not specifying terms or reasons, executed by the parties with Westminster Bank and Trust. Plaintiff believes Defendant is in possession of escrow contract. 16. In reference to Paragraph (34) of the Plaintiff's Complaint state with specificity whether Plaintiff was advised by, among other individuals, Harold A. Eastman .LI,.i~. ~ __ -" ~ I.L "I~i that Defendant expended substantial sums to repair the Connelly residence and the Lawrence residence constructed by Plaintiff. Yes. 17. In reference to MarSar Development Corp., please identify the following information from January 1, 1992 to present: a. Officers of MarSar, their title, current addresses and dates offices held. See Answers to Interrogatory 1t1. held. b. Shareholders of MarSar, their percent of ownership, and Ti tles still currently current addresses. Mr. Fiocco, 50% - see Interrogatory 1t1 Mr. Christensen, 50% - see Interrogatory 1t1 c. The names and current addresses of all employees of MarSar Development Corporation None 18. In reference to Paragraph (8) of Plaintiff's Complaint, state whether Plaintiff's Chapter 11 Bankruptcy was voluntarily dismissed and if the response is in the affirmative the date when the Bankruptcy was voluntarily dismissed. ~ ~~~ '.,1 ...."- " , ~ J " ~..llllili/;jU' The Bankruptcy was voluntarily dismissed at the request of the Officers of the Corporation on June 8, 1998. Respectfully submitted, MOONEY & ASSOCIATES BY:~~~~ John James M ey, ,I, Esquire Attorney for Plaintiff 230 York Street Hanover, PA 17331 (717) 632-4656 ID #39137 , l " " ~ "", . . ~ . . - J ~.,~,j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, . ,rM do hereby certlfy that on this the ~ day of October, 2000, I served a copy of the foregoing Plaintiff's Answer to Defendant's First Set of Interrogatories upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (" '/:;J By: ;f~i~~I' Esquire Atty. I.D. #39137 , I L i~ ' AFFIDA vrr COMMONWEALlHOF PENNSYLVANIA: : ss: COUNTY OF YORK Befure me. a Notary Public. in aud fur saidCouoty aud ~ pcrsoDIIlly "l'l'"""L.=d Vil,an r/ ,j, hC<I',D ZlJ:- . . being duly swom......wiug to law. deposes aud saystb8tthefilcts4>'H'.R:.~linthero.~iDg R~/', -h LIU'N~JfN'/'q5 / (7 ate lluo aud\NU(lCtto the best of. " .I.';f _~. . aud lWi.... ..:</ /c ~ / ,#-6 ' , SWORN aud SUBSCRIBED to bctbm DID this od-- day of Oc!:fob~r- . dat5u "fo~"-I! uJ,-OJAL Notary Public Notarial Seal Elaine K, Weese, Notary Public Hanover Bo.o, Vorl< County My Commission Expires Mar. 29, 2004 Member, PennsylvanlaAssOClationofNolarias I~;" -,I ~ i \ , MARSAR DEVELOPMENT CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 00-4329 CIVIL QUALITY BUILDERS WARRANTY CORP., Defendant IN RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS AND REOUEST FOR SANCTIONS AND ATTORNEY FEES AND COSTS ORDER OF COURT AND NOW, this 18th day of October, 2000, upon consideration of Plaintiff, Marsar Development Corporation's Motion To Compel Answers To Interrogatories and Request For Production of Documents and Request For Sanctions and Attorney Fees and Costs, a discovery conference/hearing is set for Wednesday, November 8, 2000, at 11:00 a.m. in Courtroom Number I, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, 1. o ~ . 0 00 t~ D-\~~ \ It-~ John James Mooney, III, Esquire For the Plaintiff John A. Gill, Esquire F or the Defendant :rlm "-- ~Ill!",!. I~ ,~ - I '.~'~'= ~-~, DCl 0'-'<; ~1 GU;,J!;.:)c}';:_.' :,i PENNSYL~1J;\i I ~, f<"" ' t"l ,) ,I' .1' " Ji\:TY .~ji\ .!.ru .'.. " ,,_, __ 0', """_" ,-"' ~-.'" ffl'f, ,~~I.l!I!un! ,,"~'1""'~' ,,-'ow ,---_., '" ~ c.,'"'''' 'II-" -"-0.. .. r, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. RULE TO SHOW CAUSE/ORDER AND NOW, on this day of October, 2000, upon consideration of the within Motion, It Is Hereby Ordered that a Rule to Show Cause is hereby issued upon Defendant, Quality Builders Warranty Corp, to show cause why the Plaintiff, MarSar Development Corporation, is not entitled to the relief requested in the attached Motion. It is further Ordered that Quality Builders Warranty Corporation shall serve upon Plaintiff by first class mail, the documents as requested by Plaintiff within twenty (20) days of the date of this Order. Rule Returnable twenty (20) days after service. BY THE COURT, J. ~ " -' .1 J . , ,< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. PLAINTIFF. MARSJ\R DEVELOPMENT CORPORATION'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS AND REOUEST FOR SANCTIONS AND ATTORNEY FEES AND COSTS AND NOW, this day of 2000, comes the plaintiff, MarSar Development Corp., by and, through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Motion to Compel Answers to Interrogatories and Request for Production of Documents, to wit: 1. Plaintiff, MarSar Development Corp., (MarSar) filed the within action on June 26, 2000 seeking reimbursement of monies illegally withheld and expended by Defendant, Quality Builders Warranty Corporation (QBW). 2. On July 13, 2000, QBW filed Preliminary Objections to Plaintiff's Complaint. The Preliminary Objections have not been listed for Argument. 3. On August 10, 2000, QBW served its Request for production of Documents and Interrogatories on MarSar. 4. On August 22, 2000 MarSar served Interrogatories and Request for Production of Documents on QBW. I , . f " 5. On September 21, 2000, the Honorable J. Wesley Oler, Jr., Judge of the Court of Common Pleas of Cumberland Cou~ty, Pennsylvania, issued a Rule to Show Cause on Plaintiff, as to why it should not be required to answer Defendant's Interrogatovies and produce documents requested by Defendant. Any other relief sought by Defendant, such as a stay of other discovery proceedings, was denied. (A copy of Order attached hereto as Exhibi t "A"). 6. On September 21, 2000, Defendant served Plaintiff ~ith Defendant's Responses to Interrogatories and Reply to Request for Production of Documents. (Copies of Defendant's Responses and Reply attached hereto as Exhibit "B"). 7. Defendant's Responses and Reply are wholly inadequate and unacceptable as Defendant possesses all documents at issue in the current litigation. 8. On October 5, 2000, Plaintiff served upon Defendanr, Plaintiff's Responses to Defendant's Interrogatories and Reply to Request for Documents (Copies of Plaintiff's Responses and ".' Replies attached hereto and marked as Exhibit "C"). 9. Defendant, QBW, either objected to or placed restric- tions on the production of documents, said objections and restrictions do not comply with the Order of Court dated September 21, 2000 and the Pennsylvania Rules of Civil Procedure: i . I I /, 10. Defendants actions constitute willful, malicious and dilatory practice and are subject to sanctions and attorney fees under the Pennsylvania Rules of Civil Procedure. 11. MarSa~ seeks an Order as follows: A) That QBW shall be required to produce the documents requested via first class mail to Plaintiff within twenty (20) days of the date of this Honorable Court's Order. B) That QBW be directed to pay over to Plaintiff, MarSar, attorney fees and costs in the amount of $350.00 for the preparation and filing of this Motion. 12. The attorney representing QBW is John A. Gill, Esquire, 325 North Second Street, Wormleysburg, Pennsylvania 17043. Wherefore, Plaintiff, MarSar Development Corp., respectfully requests that a Rule be issued to show cause why the relief within this Motion should not be granted and that an Order be entered against defendant, QBW, for the relief requested. Respectfully submitted, MOONEY & ASSOCIATES By: ./ ney,/ I, Esquire Attorney for Plaintiff 230 York street Hanover, PA 17331 (717) 632-4656 ID #39137 -II " f ~ -", "I COMMONWEATH OF PENNSYLVANIA: COUNTY OF CUMBERLAND I, l M. Olshefski, state that I am the President of QBW and verify that the statements made in the foregoing Plaintiff's First Set of Interrogatories are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat., Section 4904, relating to unsworn falsification to authorities, I further acknowledge my continuing obligation to provide any additional information, which comes to my attention after submission of these interrogatories. QUALITY BUILDERS WARRANTY CO ~.~ l . Olshefski - President ,. . . , .. MARSAR DEVELOPMENT CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ,----,~- -- v. CIVIL ACTION - LAW i . :, ~". ,.' -. . . J ~""= ,'j'-".: . ,; I SEP261~ C I QUALITY BUILDERS W ARRANTYCORP., Defendant NO. 00-4329 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of September, 2000, upon consideration of Defendant's motion for protective order, sanctions, and stay of discovery proceedings, based primarily upon Plaintiffs failure to provide discovery to Defendant, a rule is issued upon Plaintiff to show cause, if any it has, why it should not be required to answer Defendant's interrogatories and produce documents requested by Defendant. Other relief sought by Defendant, such as a stay of other discovery proceedings, is denied. BY TIffi COURT, J~ J. Mooney, Ill, Esq. ~O York Street Hanover, P A 17331 Attorney for Plaintiff EXHIBIT [14 if ,John A. Gill, Esq. 325 North Second Street Wormleysburg, PA 17043 Attorney for Defendant :rc , "- .1, ,~ ,',i t IN TIlE COURT OF COl\i1MON PLEAS OF CUMBERLAND COUNTY , PENNSYL VANIA MARSAR DEVELOPMENT CORP, Plaintiff, DOCKET NO, 2000-4329 CIVIL ACTION - LAW v, QUALITY BUILDERS WARRANTY CORP, Defendant RULE TO SHOW CAUSE/ORDER AND NOW, this day of September, 2000, upon consideration of the within Motion IT IS HEREBY ORDERED that a Rule to Show Cause is hereby issued upon Plaintiff, Marsar Development Corp., to show cause why the Defendant, Quality Builders Warranty Corporation, is not entitled to the relief requested in the attached Motion, IT IS FURTIIER ORDERED that further Discovery Proceedings by Marsar Development Corp. be stayed pending resolution of the within Motion, IT IS FURTIIER ORDERED that Defendant, Quality Builders Warranty Corporation is not required to answer and! or object to Marsar Development Corp.'s Discovery Request until twenty (20) days after Plaintiff, Marsar Development Corp. serves its Answers to Defendant, Quality Builders Warranty Corporation's Discovery Request. Rule returnable twenty (20) days after service. By The Court: (J) '( I. ~'^.', . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff: DOCKET NO. 2000-4329 v. CIVIL ACTION - LAW r-~~;'=i; ~~~~',~i,~ i SEP 2 6 2000 I ! --~.a......~__. QUALITY BUILDERS WARRANTY CORP. Defendant DEFENDANT'S REPLY TOPLMNTIFF'S FIRST SET OF INTERROGA TORIES GENERAL OBJECTION Defendant objects to Plaintiff's Interrogatories to the extent they exceed the permissible scope of inquiry under the Pennsylvania Rules of Civil Procedure and specifically to the extent that Plaintiff's definitions defer from those required by the Pennsylvania Rules of Civil procedure~, - INTERROGATORIES 1. Identify the name, address and title of each individual that provided answers and/or supplied information to answer these Interrogatories. J. M. Olshefski, President, 325 North Second Street, Wormleysburg, Pa. 17043 2. Please identify each expert witness you expect to caIl,at trial. No experts have been retained at this time. r EXHIBIT (J(3" ".; " I, ~ , ""'ii;, " 3. What are the qualifications of each such expert? Not Applicable. 4, i :11 ! 1 I i I I I ~ 'i ~) il Has any such expert ever testified in Court within the last ten- (10) years? Not Applicable. s. If the answer to the preceding Interrogatory is in the affirmative, please state the following: (a) The case name; Not Applicable. (b) The Court and case index number; ::J ~! Not Applicable (c) The nature of the case; i :J 'I I , ;1 II ,! j l Not Applicable (d) Whether the expert testified for the Plaintiff or the Defendant; Not Applicable (e) The fees charged by the expert for each case identified; Not Applicable 6. State with specificity what testimony will be presented by each such expert, including, but not limited to: (a) The subject matter of which he/she is to testify; Not Applicable (b) The facts and opinions to which he/she is to testify: Not Applicable , ~~ ( c) The basis for his/her opinion; Not Applicable (d) The identify of any test, journals, documents, records, reports, statistics or other materials which such expert consulted or relied upon in forming his opinion or preparing his testimony. Not Applicable i:., I ~' Ii i'; ,i< (e) The purpose for consulting the expert; ,. I Not Applicable 7.' IdentifY all documents prepared by each expert, together with all correspondence between experts and Defendant or his/her agent, attorney or anyone acting on Defendant's behalf. Not Applicable 8. IdentifY all documents, which each such expert intends to use at trial, including, but not limited to, documents that such expert has prepared in preparation of trial. Not Applicable 9. Identify each witness you expect to call at trial other than those witnesses identified as experts. Defendant has not determined who will be called as witnesses at time of trial other than J. M. Olshefski. i'; 10. State with specificity what testimony will be presented by each witness identified in the preceding Interrogatory, including, but not limited to: Not Applicable (a) The subject matter of which he/she is to testifY; The nature of Plaintiff's membership, the Letter of Credit and breach of Plaintiff's obligations as wen as to the defenses to the Action. ._~ - " " " I (b) The facts to which he/ she is to testifY; The nature of Plaintiff's membership, the Letter of Credit and breach of Plaintiff's obligations as well as to the defenses to the Action. , 'I ( c) IdentifY all documents which each witness intends to use at trial; Documents to be used at trial have not been identified. 11. Has Defendant, its agent, attorney or anyone acting on its behalf obtained a statement from any of the parties to this action? If so, please identify the name and address of each individual from whom a statement was obtained. Defendant has had various conversations with Plaintiff and their agents over the course of Plaintiff's membership and subsequent to membershjp. Plaintiff was a member of Defendant's program from April 28, 1993 to September 5, 1996. Plaintiff does not identify the type of "statement" as to referring to any particular matter and as such, identification of aU conversations over the course of those years is impractical and Defendant therefore objects to this Interrogatory as being overly broad. B~squire 12. Identify the nature of any information with regard to Harold A Eastman. Defendant objects to this Interrogatory as being overly broad but without waiving the Objection, Defendant will produce letters to and from Attorney Eastman. By: ~ ~ ~ ~Gill, Esquire 13. In reference to Quality Builders Warranty Corporation, please identify the following information from January 1, 1992 to the present: ~, .. II I. ',' , - (a). Officers of Quality Builders Warranty Corporation, their title, current addresses and dates offices held; (b) (c) Shareholders of Quality Builders Warranty Corporation, their Percentage of ownership and current addresses; !-: The names and current addresses ofall employees of Quality Builders Warranty Corporation; 'I ,J I , , Defendant objects to Interrogatory # 13 on tine basis that the information sought is not relevant to the subject matter involved in the pending action, is privReged, and not calculated to lead to the discovery of admissible evidence. BtY - John A Gill, Esquire :1 i'i i I ,j j,i I , I , :1 :i II [,! i:i I: !i Respectfully submitted, QUAUTY BUILDERS WARRANTY CORPORATION By: ~ ..8- Ghn Gill, Esquire ATTORNEY FOR DEFENDANT 325 North 2nd Street Wormleysburg, Pennsylvania, Pa. l7043 (717) 737-2522 LD.#41532 - ~L ~ . "i 11 II 'I " .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA MARSAR DEVELOPMENT CORP. Plaintifl: DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP. Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that two copies of the foregoing, DEFENDANT'S REPLY TO THE PLAINTIFF'S INTERROGATORIES has been duly served upon the following party of record by depositing the same in the United States mail, postage prepaid, in Lemoyne, Pennsylvania on this 02J sf dayof .$'e.p1~m ber 2000, and , to the address listed below: TO: MR. JOHN JAMES MOONEY, ill, ESQUIRE 230 YORK STREET HANOVER, PENNSYLVANIA 17331 ATTORNEY FOR PLAINTIFF 4;~Jr.') S etary "" , , MSRII /22100,' I'i , ;,1 MARSAR DEVELOPMENT CORP. Plaintiff No. 2000~4329 Ii Ii 1 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW I': :j TO: QUALITY BUILDERS WARRANTY CORP. C/O JOHN A. GILL, ESQUIRE 325 NORTH SECOND STREET WORMLEYSBURG, PA 17043 ATTORNEY FOR DEFENDANT i'1 I' H H I I: I, QUALITY BUILDERS WARRANTY CORP. Defendant PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT L I " 1 I: Pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, No. 4005 and 1920.22(b), Plaintiff, PLAINTIFF, (hereinafter Plaintiff), hereby propounds the following written Interrogatories to be answered by Defendant, DEFENDANT, (here- after Defendant), separately and fully in writing under oath and furnish all such information as is available to Defendant, I DEFENDANT, in response thereto, within thirty (30) days from the date of service hereof, with Defendant furnishing any additional II information which it hereafter acquires as soon as it is acquired. !:j t: I' " ,: f: i: I' I: I',' DEFINITIONS I. As used herein, the word "Defendant" refers to DE FEN- I DANT, Ii II ,I 'I I his agents, representatives, attorney, prior business entities (if any) and all other persons acting or purporting to act on behalf of Defendant. II. All references in these Interrogatories to "document" shall include the plural and shall mean, without limitation unless otherwise indicated, the original and each copy of each 1 - ~" ~ ~-~~ , ; I. _" .1 .' '"' - :' ~ MsRJe 00 \, and any writing, evidence of indebtedness, memorandum, letter, correspondence, telegram, note, minutes, contract, agreement, inter-office communication, bulletin, circular, procedure, :: i I, I I I !I 1.1 Ii II II 1'1 II I' ., II II Ii , " "I pamphlet, photograph, study, notice, sununary invoice, diagram, plan, drawing, diary, record or note of telephone conversation, chart, schedule, entry, print, representation, record, report and legible item or thing of written, readable, graphic, audible, or visual material, of any kind or character, whether handwritten, typed xeroxed, photostated, printed, duplicated, reproduced, recorded, photographed, copied, microfilmed, microcarded, or transcribed by any means, including, without limitation, each interim as well as final draft and each revision which is in the possession or subject to the control of you or your present or former agents, employees or representatives, including counsel and including any related corporations. III. Whenever in .these Interrogatories there is a request to identify a document: (a) state the type of document (e.g., letter, etc.); (b) set forth its date; (c) identify the signer or signers and the addressee or addressees; (d) set forth the title, heading or other designation, numerical or otherwise, of the document; (e) identify the person (or, if widely distributed, set forth the organization or classes or persons) to whom the document was sent; and 2 - ~ ., !:; f.; MSRJ I22JOO 'l ;L. i:. " " IIi :.; (f) set forth the present or last-known location of the document and of any copy thereof having notations or markings unique to such copy. ::l IV. Whenever in these Interrogatories there is a request to i; identify any oral communication: i\ I; , '" (a) state the type of communication (e.g., conversa- tion, telephone call, etc.); " i (b) state where and when such communication occurred; ,. Ii /, p (c) identify by full name, title and job description, all persons who participated in such communication or who observed or heard such communications at the time of their occurrence and setting forth which person effected such communication and which person received the same; i. I. I:. Ii i~~ 'I' (d) identify all documents embodying or in any way relating to such communication, if any; and i; " I I " (e) state the substance of any such communication. INSTRUCTIONS I. In answering these Interrogatories, you shall furnish all information available to you at the time of answering, including information in the possession of your agents, and shall supplement your answers in accordance with the Pennsylvania Rules of Civil Procedure. '[ I[ and, therefore, should be modified or supplemented as you obtain II. These Interrogatories are considered to be continuing further or additional information. III. Where exact information cannot be furnished, estimated information is to be supplied. Where an estimate is to be used, it should be identified and accompanied by an explanation as to 3 L ~, .,...,. .. MSRI 12210O \ INTERROGATORIES 'i ]'j ~1 :'! ;1 1,1 ii II 1] 11 " il II ,J II 11 II II il II II II II. !, ~1 ,!1 ij i Ii 11 ~1 ~~ jj II il ,I II II II II b 'I II 'i 'I 1 I I I I I I I I I I ! the basis on which the estimate is made and the reason the exact information cannot be furnished. IV. If you claim, in your answer to any Interrogatory, that any requested fact, documents or other information are "privileged" and not subject to any discovery, you shall so state and, in addition, state every fact supporting your claim that such fact, document or other information is "privileged" and with respect to any document, you shall identify the document by stating the date and subject matter of the document, the name of the person who prepared the document and the name of the person for whom the document was intended. V. You must sign the attached Affidavit verifying the truthfulness of your answers and information provided. 1. Identify the name, address and title of each individual that provided answers and/or supplied information to answer these Interrogatories. 2. Please identify each expert witness you expect to call at trial. 4 >. - ~..~""'"""" "~'"" , . , MSRIekw '. 3. What are the qualifications of each such expert? " ii ii !j 4. Has any such expert ever testified in Court within the last ten (10) years? 5. If the answer to the preceding Interrogatory is in the affirmative, please state the following: !ll !i' (a) The case name; (b) The Court and case index number; (c) The nature of the case; (d) Whether the expert testified for the Plaintiff or the Defendant; (e) The fees charged by the expert for each case identified; I 6. State with specificity what testimony will be presented by each such expert, including, but not limited to: (a) The subject matter of which he/she is to testify; 5 MSRI . . I rnil':::; Iii . . , (b) The facts and opinions to which he/she is to testify; ]i :i h H , , " li :1 n Ii I: ,. I! " (c) The basis for his/her opinion; (d) The identity of any text, journals, documents, records, reports, statistics or other materials which such expert consulted or relied upon in forming his opinion or preparing his testimony; ;i j; ii if; ," 'Ii (e) The purpose for consulting the expert; 7. Identify all documents prepared by each expert, together with all correspondence between experts and Defendant or his/her agent, attorney or anyone acting on Defendant's behalf. I I I, 'I I 8. Identify all documents which each such expert intends to use at trial, including, but not limited to, documents that such expert has prepared in preparation of trial. 6 s ~-" - . ,I '1lilIiiill;,,- J MSRI 00 " 9. Identify each witness you expect to call at trial other than those witnesses identified as experts. 10. state with specificity what testimony will be presented by each witness identified in the preceding Interrogatory, including, but not limited to: (a) The subject matter of which he/she is to testify; (b) The facts to which he/she is to testify; (c) Identify all documents which each witness intends to use at trial; 1 I[ I I I I 11. Has Defendant, its agent, attorney or anyone acting on , its behalf obtained a statement from any of the parties to this Ii II. action? If so, please identify the nbame adnd address of each 'I individual from whom a statement was 0 talne . II II II I 7 MSRle 00 "" I.' _iLl 12. Identify the nature of any information with regard to Harold A. Eastman. 13. identify present: , (a) (b) (c) In reference to Quality Builders Warranty Corp., please the following information from January 1, 1992 to the Officers of Quality Builders Warranty Corp., their title, current addresses and dates offices held; Shareholders of Quality Builders Warranty Corp., their percentage of ownership and current addresses; The names and current addresses of all employees of Quality Builders Warranty Corp; Respectfully submitted, MOONEY & ASSOCIATES BY: 2Z j ~~ John Jame Mooney, III, Esquire ATTORNEY FOR PLAINTIFF 230 York Street Hanover, Pennsylvania 17331 (717) 632-4656 LD. #39137 8 . ~". ~" -, - I, "-I M/iiI, COMMONWEALTH OF PENNSYLVANIA COUNTY OF I, , state that I am the Defendant/Agent for Defendant in this action and verify that the statements made in the foregoing Plaintiff's First Set of Interrogatories Directed to Defendant are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements herein are made subject to the penal ties of 18 Fa. Cons. Stat., Section 4904, relating to unsworn falsification to authorities. I further acknowledge my continuing obligation to provide any additional information which comes to my attention after submission of these interrogatories. \ I SUBSCRIBED and SWORN to Ilbefore me this I Ilday of , 2000. I I INotary Public My Commission Expires: ! 9 . -~ ......;.1 c .- . , ~i~'-, MSRlekw 00 'I ~I ':1 'I 'i! I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff No. 2000-4329 vs. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP. Defendant CERTIFICATE OF SERVICE "" :i! the "L77~ I, ON THIS, .<;; day of , 2000, I, John James Mooney, III, Esquire, counsel for the Plaintiff, do hereby certify that I have caused the original and one copy of the above captioned Plaintiff's First Set of Interrogatories Directed to Defendant to be served upon the following individual, by U.S., first-class mail: TO: JOHN A. GILL, ESQUIRE 325 NORTH SECOND STREET WORMLEYSBURG, PA 17043 ATTORNEY FOR DEFENDANT MOONEY & ASSOCIATES BY: A~.I~~.d John James oney,--III;Esq. ATTORNEY FOR PLAINTIFF 230 York Street Hanover, Pennsylvania 17331 (717) 632-4656 J.D. #39137 10 iii ." . I ~: I' I:' i!: :' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA MARSARDEVELOPMENT CORP. Plaintitr: DOCKET NO. 2000-4329 r-........--.------ CIVIL ACTION - ,LAW::, 1 j SEP 2 c ,;~jOO I v. QUALITY BUILDERS WARRANTY CORP. Defendant ~-,_.~~..~~- " 1 'I: , I I , I' i I " if: II: ':1 DEFENDANT'S REPLY TO PLAINTIFF'S REOUEST FOR PRODUCTION OF DOCUMENTS Defendant responds to Plaintiff's Request for Production of Documents as follows: L Defendant objects to this request as being overbroad and unintelligible. Defendant can not determine the scope or nature of the request. By: ~----- A Gill, Esquire ;~ :~ I ii~ :i: 'I :fi I il i: I I I 2. Inspection of the Escrow Agreement and letters to and from Attorney Eastman will be produced. By: ~.?- ------- A Gill, Esquire 3. Defendant received thirteen (13) complaints which complaint files \ViII be produced for inspection. BY:~ Jo A Gill, Esquire '. " '~-:"'i; 11'.'. ~ i [ I , " I I i I ,[ in 'I ii' , " , :i [i .~-~~-'," 4. The "Escrow" Agreements to which Plaintiff refers never existed. To the extent the Plaintiff is referring to a Letter of Credit established with Defendant as Account Beneficiary, a copy of said Letter of Credit will be produced. By: ~ ~ Gill, Esquire 5. Objection. Defendant objects to producing the documents requested on the basis of the information sought is not relevant to the subject matter involved in the pending action, is privileged, is not calculated to lead to the discovery of admissible evidence and said request violates Pa. R.C.P. 4003.7. BY:'~ dgj;l A Gill, Esquire 6. Objection. Defendant objects to producing the documents requested on the basis of the information sought is not relevant to the subject matter involved in the pending action, is privileged, is not calculated to lead to the discovery of admissible evidence. BY:~~ Jo A Gill, Esqurre 7. Defendant has not determined which documents it intends to use as time of trial. BY:~ John . . Gill, Esqwre 8. Objection. Defendant objects to request number # 8 as being overly broad and in violation of the Pennsylvania Rules of Civil Procedure pertaining to the Discovery of Documents. By: ~ $ ~- . Gill, Esquire By: ~ ffi~, Esquire , -~ "'"'" Ii ili Iii li,l, ! 'ii II! 111 I" ,II ili " ::i ili 1,' II II' ':1 , II I I , " I i' ,I Ii II II ,I ~ II Ii ill I, III :Ii !II !I I Ii ,i 1 I i , .' " 9. No experts have been retained by the Defendant. The documents requested will be produced at Defendant's place of business after and only after Plaintiff has complied with its Discovery obligations under the Pennsylvania Rules of Civil Procedure. Respectfully submitted, QUALITY BUILDERS WARRANTY CORPORATION B~~ John A Gill, Esquire , YFORDEFENDANT 325 North Second Street Wormleysburg, Pennsylvania 17043 (717) 737-2522 I. D. # 41532 COMMONWEATH OF PENNSYLVANIA: , .,,1, , iii " ',I'. " 11< :1: !I' :1' Ii, '" 'i: I:! " ,I! :1: 'I: U H ~ ! COUNTY OF CUMBERLAND I, 1. M. Olshefski, state that I am the President of QBW and verify that the statements made in the foregoing Defendant's Reply to Plaintiff's Request for Production of Documents are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat., Section 4904, relating to unsworn falsification to authorities. QUALITY BUILDERS WARRANTY CORPORATION //-/...." ~~ I ' '!Ii:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. PlaintttI: DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP. Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that two copies of the foregoing, DEFENDANT'S REPLY TO THE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS has been duly served upon the following party of record by depositing the same in the United States mail, postage prepaid, in Lemoyne, Pennsylvania on this ol J "t day of ..septembe.r 2000, and to the address listed below: TO: MR. JOHN JAMES MOONEY, ill, ESQUIRE 230 YORK STREET HANOVER, PENNSYLVANIA 17331 ATTORNEY FOR PLAINTIFF ~j,c'P~l Pt." Secretary - -~ " ,I <. ~ .~, MSR/~kw 08/22/00 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff No. 2000-4329 vs. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP. Defendant PIAINTIFF'S REOUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT. OUALITY BUILDERS WARRANTY CORP. AND NOW, this >>~ day of August, 2000, Plaintiff, Marsar Development Corp, by its attorney, John James Mooney, III, Esquire, hereby requests pursuant to Pennsylvania Rules of Civil Procedure, that the Defendant, Quality Builders Warranty Corporation, produce for inspection and copying each and every document described below which is in its possession, custody or contorol to John James Mooney, III, Esquire at the office of Mooney and Associates, 230 York Street, Hanover, Pennsylvania 17331, not later than thirty (30) days after service of this Request. This discovery request shall be deemed continuing in nature so as to required supplemental responses if Defendant or any agent of Defendant obtains further information and documents. --- --~ I ' .~. MSR/e 05123/00 : DOCUMENTS OR ITEMS SUBJECT TO THIS REOl~ST 1. Copies of any and all notes and memoranda in support of , , ~ I , , c Ii , , I: r c , . " U i: . ~ I! your objections. 2. Copies of any and all documents referred to, identified in related Defendant's to Plaintiff's to Answer or Interrogatories. 3. Copies of any and all claims for warranty work forwarded to Quality Builders Warranty Corp. By Marsar Development Corp. For homes enrolled in the Quality Builders Warranty Corp. Program for the years of 1993 to present. 4. Copies of any and all documents, notes and memoranda which evidence and support your understanding of the "escrowH agreement. 5. Copies of any and all financial statements, bank statements and records and income tax returns for Quality Builders Warranty Corp. for the years 1993 to present. 6. A copy of the Corporate Charter of Quality Builders Warranty Corp. 7. A copy of any and all documents you intend to use at trial. 8. Any and all statements or memoranda of statements of any person who has any knowledge of the facts pertaining to your defenses, was identified in any correspondence regarding this matter or who may be called as a witness at trial. 2 , ~- , I. o~ , i : " , , , I' '. 9. The current curriculum vital for each expert retained l:)y Defendant. Respectfully submitted, MOONEY & ASSOCIATES BY: //-!c~),~~ John James Me ey, IlL Esquire ATTORNEY FOR PLAINTIFF 230 York street Hanover, Pennsylvania 17331 (717) 632-4656 1. D. #39137 "'-~ "WlrMt,ioh! 'I; " 'I; 'I' ;' ,< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff No. 2000-4329 vs. CIVIL ACTION - LAW I; I; I I 'I ,; QUALITY BUILDERS WARRANTY CORP. Defendant CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for the above Plaintiff, hereby certify that on this the ~~~ day of August, 2000, I have forwarded a copy of the Plaintiff's Request for Production of Documents Addressed to Defendant, by first- class U.S. mail as set forth below: TO: JOHN A. GILL, ESQUIRE 325 NORTH SECOND STREET WORMLEYSBURG, PA 17043 ATTORNEY FOR DEFENDANT Respectfully submitted, /) -"" '//J ./7 BY: //::'-cL /' Yfiu John James Moone , III, ATTORNEY FOR PLAINTIFF 230 York Street Hanover, Pennsylvania 17331 (717) 632-4656 LD. #39137 4 ~..........., ,~~ EXHIBIT ((C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. PLAINTIFF'S ANSWERS TO DEFENDANT'S FIRST SET OF INTERROGATORIES AND NOW, on this ~ day of October, 2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Answer to Defendant's First Set of Interrogatories as follows, to wit: 1. Identify the name, address and title of each individual that provided answers and/or supplied information to answer these Interrogatories. a. Vincent J. FioccO, III, 2718 Salem Bottom Road, Westminster, I Maryland 21157 - President, MarSar Development Corporation. b. Dale V. Christensen, 2920 Arters Mill Road, Westminster, Maryland 21158 Vice-President, / MarSar Development Corporation. 2. Please identify each expert witness you expect to call at trial. a. Issach Menasche - Esquire, Carroll County Attorney's Office. b. Mike Maring - Chief Permit Officer, Carroll County. c. Ralph Green - Chief Inspection Officer, Carroll County. ~,II " 'I~ h 'Ii ,II !i 'I" !I 'I) Ii Ii I' Ii " I'! 1,1' , , Ilj !] I' ,j II ], :1 h ij II 11 II l1 Ii , ' " I', " , I I 3. What are the qualifications of each such expert? To be provided at time of trial. 4. Has any such expert ever testified in Court within the last ten (10) years? Unknown at this time. To be provided at trial. 5. If the answer to the preceding Interrogatory is in the affirmative, please state the following: (a-e) Not applicable. 6. state with specificity what testimony will be presented by each such expert, including but not limited to: a. The subject matter of which he is to testify; Warranty work at various locations in the Shiloh Run neighborhood. b.The facts and opinions to which he is to testify; The quality of work performed by Plaintiff. c. The basis for his opinions; Experience, inspections of Plaintiff's work and interviews with homeowners. d. The identity of any text, journals, documents, records, reports, statistics, or other materials which such expert consulted or relied upon in forming his opinion or preparing his testimony; Unknown at this time. , , ~-,:i , ,II " ,II " II 'I! " !1 " !1 " ill III 'Ii d II " 11 Ii [I II II i I I I 'I I. I' II ,I II 'I; 11'1 ,I " !I' 'II Iii il' 'I' " " ili II I I, I ! I -~ ~ - e. The purpose for consulting the expert. Affinnation of work completed by Plaintiff, quality of work, and necessity of warranty work. 7. Identify all documents prepared by each expert together with all correspondence between expert and Plaintiff or his/her agent, attorney, anyone acting on or Plaintiff's behalf. None at this time. 8. Identify all documents which each such expert intends to use at trial, including but not limited to, documents that such expert has prepared in preparation of trial. None at this time. 9. Please identify each witness you expect to call at trail other than those witnesses identified as experts. a. Dale V. Christensen b. Vincent J. Fiocco, III c. John Gill, Esquire d. J.M. Olshefski 10. State with specificity what testimony will be presented by each witness identified preceding in the Interrogatory, including, but not limited to: (a-c) Unable to answer without infonnation requested in Plaintiff's Interrogatories. -I I , I I , " I , " I I " "~"~'-~" . ,~I , . 11. Has Plaintiff, its agent, attorneys, or anyone acting on its behalf obtained a statement from any of the parties to this action? If so, please identify the name and address of each individual from whom a statement was obtained. None 12. Please state the complete factual basis for your averment in Paragraph (5) of your Complaint that ~no warranty issues had arisen, nor have any arisen since." Plaintiff avers that Plaintiff was told by both John Gill and another agent of Quality Builders Warranty Corp. that none of the escrow money had been spent by Defendant and that all would be returned to Plaintiff. 13. In reference to Paragraph (12) of your Complaint, please state with specificity: (a) Who responded that the funds in escrow would be returned in two (2) years provided no warranty claims had arisen at the end of the two (2) year period? Plaintiff cannot remember. (b) When was such information provided and to whom it was provided to: May of 1998 to Plaintiff. , '-I , :Ii " I I :11 I , 'i , " " " , i: , l' , II " I; II I I :;- , -", ~-~ ~. .....'^'U '. 14. In reference to Paragraph (14) of your Complaint state with specificity who told Mr. Fiocco that the $25,000.00 was still in escrow, no claim had been paid and the two (2) year term would expire in August of 1998 and when such conversation was held. See Answer to Interrogatory #13. 15. In reference to Paragraph (7) and (31) of Plaintiff's Complaint state whether the ~escrow" agreement to which Plaintiff is referring was oral or in writing. If the agreement was oral state with specificity the terms of the agreement and if in writing attache a copy of the agreement. Paragraphs (7) and (31) of Plaintiff's Complaint speak for themselves. Agreement was oral, as between Plaintiff and Defendant, specifying terms and reason for escrow. Written escrow agreement, not specifying terms or reasons, executed by the parties with Westminster Bank and Trust. Plaintiff believes Defendant is in possession of escrow contract. 16. In reference to Paragraph (34) of the Plaintiff's Complaint state with specificity whether Plaintiff was advised by, among other individuals, Harold A. Eastman '~f! Ii II Ii I' 'I II ,I II 'I ;1 \1 II 'I I, ,11 I, II :i; ;!i ii, ,il Ii II I ! L ~""~' " \ I that Defendant expended substantial sums to repair the Connelly residence and the Lawrence residence constructed by Plaintiff. Yes. 17. In reference to MarSar Development Corp., please identify the following information from January 1, 1992 to present: a. Officers of MarSar, their title, current addresses and dates offices held. See Answers to Interrogatory #1. Titles still currently held. b. Shareholders of MarSar, their percent of ownership, and current addresses. Mr. Fiocco, 50% - see Interrogatory #1 Mr. Christensen, 50% - see Interrogatory #1 c. The names and current addresses of all employees of MarSar Development Corporation None 18. In reference to Paragraph (8) of Plaintiff'.s Complaint, state whether Plaintiff's Chapter 11 Bankruptcy was voluntarily dismissed and if the response is in the affirmative the date when the Bankruptcy was voluntarily dismissed. "~ u ',.1 ;1 ;.j :1 ;1 'I II I' 'I " II " i: II !! " II )i_ + II Ii I, il 1,,1' I' i 11 Ii " I"; I ~~~ , ~ , , liII:!IIliillIil:l. .' , . Ii Ii " I, :;-i ,I; " 'Ii I; " p I; 11 'I; " l:i ') Ii II )j " I' II \' . The Bankruptcy was voluntarily dismissed at the request of the Officers of the Corporation on June 8, 1998. Respectfully submitted, MOONEY & ASSOCIATES By: ~~~~ John James M ey, I, Esquire Attorney for Plaintiff 230 York Street Hanover, PA 17331 (717) 632-4656 ID #39137 , , . .," , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, do hereby certify that on this the ~~ day of October, 2000, I served a copy of the foregoing Plaintiff's Answer to Defendant's First Set of Interrogatories upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (" By: ;Z~~~I' Atty. I.D. #39137 Esquire 0_< ~"<- , . I , , 1 ., II I' il iI I I .1 I~ " I I' I, I I I I I Ii II 'I II; !r, " Ii il 'j, !I I 1 I I I; L ~ ~~..". - . ',I 1 I. , . AFFIDA VIr COMMONWEALTH OF PENNSYLVANIk COUNTY OF YORK : SS: Betbre me, a Notaly PubJic. inlllld fur said CouIIiy lIIId Commonwadth, persoaaIly ~ i/AU/I 1/), f.~CCd .m::- , . beiDg duly SWtlID lICCQadids to law, ~CBllS 8Dd . sayBtbattbciicts(>H"M:'wfintbcfus~.iDg A't?iJ~ f, hlz-NN,rfpl"/q5 , # are1ruo 8Dd.......e.A. totbc beat of, ", t" ~,' ....vI ~i'" // /c / ~,1/ ,-. <~,,-' ~. , , a.tj , , SWORN 8Dd SUBSCRlBED to beibm me this od- day of ~fob~r- . ()C5r5u 1?{)~'7! uJ ~AL Notary Public Notarial Seal Elaine K. Weese, Notary Public Hanover Bora, York County My Commission Expires Mar. 29, 2004 Member, PennsylvanlaAssociatiOnotNotarlas '" '__ i ~,;6, ' '! '! :i 'I ::1 :1 Ii I . .,! I:i I 1 I " , I , II ','1 , J ),1 I I Ir i >1 i I I I i , , I , If If j ~ i [; i: c, ~'.... - , . .. ',t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. PLAINTIFF'S REPLY TO DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS AND NOW, on this #;1:fJ_ day of October, 2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Reply to Defendant's Request for Production of Documents as follows, to wit: 1. Plaintiff objects to this request as being over broad and unintelligible. Plaintiff further avers that Defendant possesses any and all documentation with regard to the Agreement by and between Plaintiff and Defendant. ~~ 2. Plaintiff avers that Defendant is in possession of any and all documents relevant to these proceedings as evidenced by Defendant's Responses to Plaintiff's Request for Production of Documents at #2 and #4. 3. Plaintiff avers that Defendant is in possession of any and all documents relevant to this request as evidenced by Defendant's Responses to Plaintiff's Request for Production of Documents at #3. , . ~"'""'-:~~! i !I I , , ;: , . i I I , , , " , , , r J " 'i 1.1 " ,I 'i' :,': :i' I 'I'; " " U' II 'I " 'I , 'i I 'I ,I: I' I' ii' !i~: :1 II :1: " r , r F' , 'I ""1 -.. , , . .. " . 1 4. Defendant is already in possession of "escrow" paperwork, as evidenced by Defendant's response to Plaintiff's Request for Production of Documents at #2 and #4. By way of further response, Plaintiff does not currently possess the "escrow" documentation. 5. As stated previously, Plaintiff does not possess these documents. The documents requested are in the possession of the Defendant. over 6. Not applicable. Plaintiff objects to this Request as broad and unintelligible.~~ 7. Not applicable. Respectfully submitted, MOONEY & ASSOCIATES By: /l~(d~ 'd-, John James ey, r-1r, Esquire Attorney for Plaintiff 230 York Street Hanover, PA 17331 (717) 632-4656 ID #39137 , , ,. , , I I I I II, I 'I I 'I': ! '~ I I .' l' I' i . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, do hereby certify that on this the ~~ day of October, 2000, I served a copy of the foregoing Plaintiff's Reply to Defendant's Request for Production of Documents upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 By: \ . ,i II I " II 1'1 I " ~ !:il 'I " , , , ,I " h , . 1,','1' II [I, :1 I 'I U ,I, i'! 'Ii 'I' il II " ,I Ii L .:..-. " . ,.~ I. "."-;11 II 'Ii 11 r! Ii '" I: 'I !, 11 " Ii II Ii II II II H Ii i'l 'I 'I II 11 II I II " II I, II Ii ,I II " ii I, " II 'II ;,! I I: '!i 'ji I " [Ii " I' I, I fI I! I I I' I I] ,~ . MARSAR DEVELOPMENT CORP., Plaintiff IN THE COURT OF COMMQN PLEAS OF '. CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant NO. 00-4329 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of November, 2000, upon consideration of Plaintiffs Motion To Disqualify, a rule is issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, dL J esley OIer, John 1. Mooney, III, Esq. 230 York Street Hanover, P A 17331 Attorney for Plaintiff L2~~cill 11-3'00 '"RJ\S John A. Gill, Esq. 325 North Second Street Wormleysburg, PA 17043 Attorney for Defendant Michael S. Rogovin, Esq. 40 E. Philadelphia Street York, PA l7401 :rc PI =~ I'I!!!I!!Il!Il' "~, <". ,..... ~:;"ED-(J;~i:.I(:E ! .:,- : j :<>\~'.)T/"\r1Y O'J' ,"Qu - ') " r;; ~ ~ {.. PIJi ?: I Q I t J;~ "" CUMBEl'lL/ND COUNTY PENNSYLVANl<\ .~...., .,~ ~. ,,< .'. " "'~-~"~ ~,> -~.~ .<,f\o~w~~r",.,i'" ,. - . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. RULE TO SHOW CAUSE/ORDER AND NOW, on this day of October, 2000, upon consideration of the within Motion, It Is Hereby Ordered that a Rule to Show Cause is hereby issued upon Defendant, Quality Builders Warranty Corp, to show cause why the Plaintiff, MarSar Development Corporation, is not entitled to the relief requested in the attached Motion. It is further Ordered that John A. Gill, Esquire is disqualified and prohibited from representing the Defendant, Quality Builders Warranty Corporation, in any and all proceedings involving both Plaintiff, MarSar Development Corporation, and Defendant, Quality Builders Warranty Corporation. Rule Returnable twenty (20) days after service. BY THE COURT, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. RULE TO SHOW CAUSE/ORDER AND NOW, on this day of October, 2000, upon consideration of the within Motion, It Is Hereby Ordered that a Rule to Show Cause is hereby issued upon Defendant, Quality Builders Warranty Corp, to show cause why the Plaintiff, MarSar Development Corporation, is not entitled to the relief requested in the attached Motion. It is further Ordered that John A. Gill, Esquire is disqualified and prohibited from representing the Defendant, Quality Builders Warranty Corporation, in any and all proceedings involving both Plaintiff, MarSar Development Corporation, and Defendant, Quality Builders Warranty Corporation. Rule Returnable twenty (20) days after service. BY THE COURT, J. .-t;ii;;t, J ",,,I ;~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. AND NOW, on this MOTION TO DISOUALIFY n.!2 O' f)~ day of ~1Dh-er , 2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the following Motion to Disqualify, to wit: 1. This action involves a breach of an oral contract, conversion of funds held in escrow, unjust enrichment and intentional misrepresentation by Defendant, Quality Builders Warranty Corp. 2. Defendant, Quali ty Builders Warranty Corp. , is represented by John A. Gill, Esquire. 3. On several occasions before, during and after a business relationship was established by and between Plaintiff and Defendant, Plaintiff discussed the various terms of the relationship with John A. Gill, Esquire. 4. Subsequent to their initial agreement, Plaintiff agreed to pay $25,000.00 to be held in escrow by Defendant, to insure payment of any claims arising from work completed by Plaintiff and warranted by Defendant, said funds to be returned if no claims arose and the relationship terminated. I ~!i 5. No claims have arisen, the business relationship as between Plaintiff and Defendant has ended, and Defendant has failed to and refuses to return the funds held in escrow in the amount of $25,000.00. 6. In September of 1998, Plaintiff conversed with John A. Gill, Esquire, and was advised that the escrow funds had been spent. 7. As a result of the continued communications between Mr. Vincent J. Fiocco, III, a co-owner of MarSar Development Corp. and John A. Gill, Esquire, it is expected that Attorney Gill will testify for the Defendant at the trial. 8. As a result of the continued communications between Mr. Vincent J. Fiocco, III and Attorney Gill, it is known that Plaintiff shall call Attorney Gill as a witness. 9. The Plaintiff would be greatly prejudiced by the fact that Attorney Gill is not only representing the Defendant as advocate, but will also provide testimony on their behalf, which is crucial to the case. 10. On October 2, 2000, Plaintiff served John A. Gill, Esquire, counsel for Defendant, with a demand to withdraw as counsel (Letter attached hereto as Exhibit ~A"). 11. On October 13, 2000, John A. Gill, Esquire, responded in the negative. (Response letter attached hereto as Exhibit "'B") . .'~I: 12. Because he may have to testify as to the offer to escrow funds, acceptance of this offer, tender of escrow funds, claims, if any, arising, and the disposition of said funds, it is submitted that Attorney John A. Gill must withdraw or be disc~alified pursuant to Rule 3.7 of the Rules of Professional Conduct. WHEREFORE, Plaintiff, Marsar Development Corp., requests this Honorable Court grant this Motion to Disqualify and, therefore, prohibit John A. Gill, Esquire, from representing the Defendant in this matter. Respectfully submitted, MOONEY & .--- ,'I, '"--' MOONEY & ASSOCIATES ATTORNEYS AT LAW John James Mooney, III Judith Koper Morris Katrina M. Luedtke Michael S. Rogovin Tyann Lynne Miller Of Counsel October 5, 2000 ._. .-":~-r-----~"':;:'. John A Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 Re: ,MarSar Development Corp. Vs. Quality Builders Warranty Corp. No. 2000-4329 Dear Attorney Gill: Enclosed please find a copy of my Entry of Appearance in regards to the above matter, which will be :filed with the Court on or before October 5, 2000. Please be advised that Plaintiff, MarSar Development Corp., demands that you Withdiiw as counsel for Defendant, Quality Builders Warranty Corp., pursuant to Rule 3.7 of the Rules of Professional Conduct. Plaintiff intends to call you as a witness at the time of trial. Please respond within ten (10) days of the date of this letter. Best regards, MOONEY & ASSOCIATES /PJJj~. Michael S. Rogovin, Esquire ...-.....~... MSR/ekw cc: Mr. Dale V. Christensen Mr. Vmcent J. Fiocco r EXHIBIT ((1/ (( o 230 York Street Hanover, PA 17331 717/632/4656 o 115 Carlisle Street New Oxford, PA 17350 717/624/7054 ~o East Philadelphia Street York, PA 17401 717/846/4722 Facsimile: 717-632.3612 e-mail: mooneylaw@hotmail.com Address ail correspondence to the designated office. John A. Gill Attomeyat Law ~ , ,-. ,--t- M " ... . 'f Dc: ~ ,oJ .... October 13, 2000 ................. ...-...., ......~......... ....- Mr. Michael S. Rogovin, Esquire Mooney & Associates Attorneys at Law 40 East Philadelphia Street York, PA 17401 OCT 1 6 2000 ...---------....--------- RE: MarSar Development Corp. vs. Quality Builders Warranty Corp. No. 2000-4329 Dear Attorney Rogovin: I am writing in reply to your letter of October 05 requesting that I withdraw as Counsel pursuant to Ru1e 3.7 of the Rules of Professional Conduct. I am somewhat mystified by your request and assume that the request is perpetuated by your lack of due diligence in this case. When we initially spokecyouindicated that you were unaware that MarSar had been represented by Attorney Eastman. Attorney Eastman was apprised of MarSar's obligations which necessitated the Draw Request under the Letter of Credit. Additionally, you plead in Paragraph (17) of your complaint that I was "The owner and Attorney for Quality Builders Warranty Corp." As you know I hold no ownership interest in the company and only act as its Attorney. This case is quite simple. It involves written documents that your client breached. As a resu1t of the breach I became involved as General Counsel and represented the company's interest and dealt with the bank and Attorney Eastman. Therefore there are no facts or testimony, which I could add which other witnesses would not be able to provide and therefore I will not' consent to withdraw as Counsel. Once again if you wou1d like to view the documents identified in our reply to your Request for Production please contact me. Additionally I note that your reply to our Request for Production of DocUments is deficient and not in compliance with the Rules of Civil Procedure. For example, You replied to numerous requests stating that we (QBW) possess these documents without identifying which documents to which you refer. I do not want to have to get the Court involved in this matter since I view it as a , r EXHIBIT c( 6 1I 325 North Second Street, Wormleysburg, Pennsylvania 17043 . (717) 730-9789. FAX (717) 737-4288 ". ."./,.' Michael S. Rogovin, Esquire October 13,2000 Page 2 waste of time. I would appreciate the dispensing with legal gynmastics so we can proceed with this case and I would therefore request that you forward a meaningful reply to our Request for Production of Documents within ten (10) days. Very truly yours, . Gill, Esquire JAG:dll e;t - , ' - ,', _ I":'N'~ -I, ,',- , MARSAR DEVELOPMENT CORP. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant NO. 00-4329 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of November, 2000, upon consideration of Plaintiff Marsar Development Corporation's Motion To Compel Answers to Interrogatories and Request for Production of Documents and Request for Sanctions and Attorney Fees and Costs, and following a discovery conference held in the chambers of the undersigned judge in which Plaintiff was represented by Michael $. Rogovin, Esquire, and Defendant was represented by John A. Gill, Esquire, and pursuant to an agreement of counsel, further proceedings with respect to Plaintiff's motion are stayed for a period of thirty-five days to facilitate a possible amicable resolution by counsel. By the Court, esley 0 e L~..o 1'\~ JJ -13-00 ^X~ J. Michael S. Rogovin, Esquire 40 East Philadelphia Street York, PA 17401 Attorney for Plaintiff John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 Attorney for Defendant srs "'k _,0' ',' ~~-" " 0 I ,-- ~~~ (". ):""' ;::{f..{ D-"'Of:;fCE I, <-:';":"~!ri/~.!Ti-\RY 00 Nnv ; J iH110: L3 -;UM8f.RLANO COWm PENNSYLVANiA L'''''~ " , , " , ~'~ - ,,,,,. "'" ''''''6' ", ,,-><_""'~"~~~o ,_~ ~ _ -~, , ^" ," '"--~, ..' .""',. "'>~'~ !~i'I!1lJil1i<%ffl\i1ii!,;mri,'lW,1lf[I1lI1 , ,~r':IFR!i!ilil!ll'~~~. < H, ~ """""~,"'---""" ru ="",.1""" "~,,"~N 0,""'., "'"'"_" ,.~: I" '"'.,,,,',,11 , MARSAR DEVELOPMENT CORP. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant NO. 00-4329 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of November, 2000, upon consideration of Defendant Quality Builders Warranty Corporation's Motion To Compel Answers to Interrogatories and Request for production of Documents, and following a discovery conference held in the chambers of the undersigned judge in which Plaintiff was represented by Michael S. Rogovin, Esquire, and Defendant was represented by John A. Gill, Esquire, and pursuant to an agreement of counsel, further proceedings with respect to Defendant's motion are stayed for a period of thirty-five days to facilitate a possible amicable resolution by counsel. By the Court, Michael S. Rogovin, Esquire 40 East Philadelphia Street York, PA 17401 Attorney for Plaintiff t~ 1YIcJ1l /1-/3-00 'R~S John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 Attorney for Defendant srs '" or:- T.(- '\CT;J1'/ 00 NeJllI 3 fi'-, ','" hh iu: ~ 1 ~ C'J^^f" \ IVp~h~VBJ,~~UNTY ," JI!IlIIII._ .,',~ ,~, '~"""'7^ < ~"'""'T><<C"'_I~~W."I'I!l;''''''~~~~ "~_~'_~"~" ! i "i.'" _.li)\,':'" ~ I '<,I i I~ MARSAR DEVELOPMENT CORP. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaintiff v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant NO. 00-4329 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of November, 2000, upon consideration of Plaintiff's Motion To Disqualify, and following a conference held in the chambers of the undersigned judge in which Plaintiff was represented by Michael S. Rogovin, Esquire, and Defendant was represented by John A. Gill, Esquire, and pursuant to an agreement of counsel, further proceedings with respect to Plaintiff's motion are stayed for a period of thirty-five days to facilitate a possible amicable resolution by counsel. By the Court, Michael S. Rogovin, Esquire 40 East Philadelphia Street York, PA 17401 Attorney for Plaintiff top,;.,) 1f\o:.'Yl 11- IJ-OO 'RKS John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 Attorney for Defendant srs c::: 0'0, ~lm,' I",;, v lJj Ii]: h 3 CUM8Li=iUV,JD COUN1Y PENNSYLVJ\N'i\ " ".~~"-~ o ':!"'_ "''> r,'1'lY': .~ <,' " "n ~~. "- . .~ ' (, .~ ""'*T'~""j.e,."""'~"."II"Ul-N~'lI!W!(!l~l1~""""""",_'T'qo;w..,.,."."... Jl! "..~ ~p,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Because trial of the above-entitled action has not commenced, and dismissal as of right may still be made, you are requested to enter a dismissal of the above-entitled action without prejudice. Respectfully submitted, MOONEY & ASSOCIATES By: /7~)~ Michael S. ovin, Esquire Attorney for Plaintiff 40 East Philadelphia Street York, PA 17401 (717) 846-4722 ID #83861 _" IiIIII =~ , ",,_L~ , 4~~~ '.'_" ;,1 - -;">~:i ~" , ..,,1 : '~" ,,~i . MARSAR DEVELOPMENT CORP., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff CIVIL ACTION - LAW vs. 00-4329 CIVIL QUALITY BUILDERS WARRANTY CORP., Defendant IN RE: DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this day of Octpber, 2000, upon consideration of Defendant, Quality Builders Warranty Corporation's Motion to Compel Answers to Interrogatories and Request for Production of Documents, a Discovery Conference/Hearing is set for Wednesday, November 08, 2000 at 11:00 a.m. in Courtroom Number (1), Cumberland County Courthouse, Carlisle, PA. The time, place and date being the same that Plaintiff's similar motion will be addressed. BY THE COURT, J. Wesley Oler, Jr., J. .- ."'.- I' _I " ,'j~" "~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYL VANIA MARSAR DEVELOPMENT CORP. Plaintiff, DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP. Defendant DEFENDANT.OUALITY BUILDERS WARRANTY COPORATION'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES ANDREOUEST FOR PRODUCTION OF DOCUMENTS AND NOW comes Defendant, Quality Builders Warranty Corporation (QBW) and files the within Motion to Compel Answers to Interrogatories and Request for Production of Documents and avers in support hereof the following: L Plaintiff, Marsar Development Corp. (Marsar) filed the within action on June 26, 2000 seeking reimbursement of monies allegedly due from Defendant, Quality Builders Warranty Corporation (QBW). 2. On July 13,2000 QBW filed preliminary Objections on the basis of the among other things, Marsar's Corporate Charter has been in forfeiture in the State of Maryland since October 6, 1998. The preliminary Objections have not been listed for Argument. j~. . It ......,., 3. On August 10, 2000 QBW served its Request for Production of Documents and Interrogatories on Marsar. Marsar's Answers to QBW's Discovery Request were due on September 09. QBW did not receive Answers, which necessitated a Motion to CompeL Marsar answered by reply dated October 05, received by QBW on October II. A copy of Marsar's untimely answers to QBW's Discovery Request is attached as Exhibit A 4. On August 22, 2000 Marsar served Interrogatories and Request for Production of Documents on QBW. QBW timely filed Answers and Objections to Marsar's Discovery Request on September 21. 5. Marsar filed a Motion to Compel Answers to Interrogatories and Request for Production of Documents and Request for Sanctions and Attorney Fees and the Honorable J. Wesley Oler, Jr. has scheduled a Discovery ConferencelHearing for Wednesday, November 08 at 11:00 a.m. in Courtroom Number 1. QBW seeks to compel Marsar to adequately respond to its Discovery Request and provide documents requested and requests that QBW's motion be heard on November 08 at 11:00 a.m. in connection with Marsar's Motion. 6. In reference to Marsar's Reply to QBW's for Request for Production of Documents. Marsar has failed to identify any documents and has further prevented QBW from expecting or examining any documents. Therefore QBW requests that Marsar be directed to specifically identifY the documents in Marsar's possession and to the extent Marsar does not possess the documents specifically identify any documents which Marsar is relying on in its claim or defense that Marsar contends is in QBW's possession. 7. In reference to Marsar's Answers to QBW's Interrogatories: " " I. ,0 =, a. Answer to Interrogatory Number (2) identifies experts which Marsar intends to call at time of trial but fails to identify the collateral information which QBW requests in reference to experts and their testimony as requested in Interrogatories (3) through (8). b. Interrogatory Number (9) requests Marsar to set forth the testimony of witnesses. Marsar has identified two (2) officers of its company but states that it is unable to state what they will testifY to without information requested in QBW's Interrogatories. Marsar has to know to what their own officers will testify to. c. Marsar's answer to Interrogatory (13b) is deficient in that it fails to specify an individual but rather identifies a corporate entity. 8. The Attorney representing Marsar is John James Mooney, III, Esquire, and Michael S. Rogovin, Esquire, 230 York Street, Hanover, Pennsylvania, Pa. 1733 L WHEREFORE, Defendant, Quality Builders Warranty Corporation, requests that Plaintiff, Marsar Development Corporation be compelled to answer QBW's Interrogatory and Request for Production of Documents in accordance with the Rules of Civil Procedure. Respectfully submitted, QUALITY BUILDERS WARRANTY CORPORATION John . Gill, Esquire RNEY FOR DEFENDANT 325 North 2nd Street W ormleysburg, Pennsylvania, Pa. 17043 (717) 737-2522 J.D. # 41532 . . " . ~ ~ ., 1.1 , ,~':! EXHIBIT !d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVF~IA ~JffiSAR DEVELOPMENT CORP. plaintiff, No. 2000-4329 v. CIVIL ACTION - ~_W QUALITY BUILDERS WARRANTY CORP., Defendant. PLAINTIFF'S ANSWERS TO DEFENDANT'S FIRST SET OF INTERROGATORIES AND NOW, on this € day of October, 2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Answer to Defendant's First Set of Interrogatories as follows, to wit: 1. Identify the name, address and title of each individual that provided answers and/or supplied information to answer these Interrogatories. a. Vincent J. Fioc=, III, 2718 Salem Bottom Road, Westminster, Maryland 21157 - President, MarSar Development Corporation. b. Dale V. Christensen, 2920 Arters Mill Road, Westminster, Maryland 21158 Vice-President, MarSar Development Corporation. 2. Please identify each expert witness you expect to call at trial. a. Issach Menasche - Esquire, Carroll County Attorney's Office. b. Mike Maring - Chief Permit Officer, Carroll County. c. Ralph Green - Chief Inspection Officer, Carroll County. . '. , ",I "~ I ~.,-~ 3. What are the qualifications of each such expert? To be provided at time of trial. 4. Has any such expert ever testified in Court within the last ten (10) years? Unknown at this time. To be provided at trial. 5. If the answer to the preceding Interrogatory is in the affirmative, please state the following: (a-e) Not applicable. 6. State with specificity what testimony will be presented by each such expert, including but not limited to: a. The subject matter of which he is to testify; Warranty work at various locations in the Shiloh Run neighborhood. b. The facts and opinions to which he is to testify; The quality of work performed by Plaintiff. c. The basis for his opinions; Experience, inspections of Plaintiff's work and interviews wi th homeowners. d. The identity of any text, journals, documents, records, reports, statistics, or other materials which such expert consulted or relied upon in forming his opinion or preparing his testimony; Unknown at this time. . ~ I; , . --':~'(i ~ e. The purpose for consulting the expert. Affirmation of work completed by Plaintiff, quality of work, and n~cessi ty of warranty work. 7. !dentify all documents prepared by each expert together with all correspondence between expert and Plaintiff or his/her anyone acting on agent, attorney, or Plaintiff's behalf. None at this time. 8. !dentify all documents which each such expert intends to use at trial, including but not limited to, documents that such expert has prepared in preparation of trial. None at this time. 9. Please identify each witness you expect to call at trail other than those witnesses identified as experts. a. Dale V. Christensen b. Vincent J. Fiocco, III c. John Gill, Esquire d. J .M. Olshefski 10. State with specificity what testimony will be presented by identified the preceding each witness in !nterrogatory, including, but not limited to: (a-c) Unable to answer without information requested in Plaintiff's Interrogatories. I II I, 11. Has Plaintiff, its agent, attorneys, or anyone acting on its behalf obtained a statement from any of the parties to this action? If so, please identify the name and address of each individual from whom a statement was obtained. None 12. Please state the complete factual basis for your averment in Paragraph (5) of your Complaint that ~no warranty issues had arisen, nor have any arisen since.H Plaintiff avers that Plaintiff was told by both John Gill and another agent of Quality Builders Warranty Corp. that none of the escrow money had been spent by Defendant and that all would be returned to Plaintiff. 13. In reference to Paragraph (12) of your Complaint, please state with specificity: (a) Who responded that the funds in escrow would be returned in two (2) years provided no warranty claims had arisen at the end of the two (2) year period? Plaintiff cannot remember. (b) When was such information provided and to whom it was provided to: May of 1998 to Plaintiff. -II I ;1 I ;1 I I I . . ' ,,' ~ lie 14. In reference to Paragraph (14) of your Complaint state with specificity who told Mr. Fiocco that the $25,000.00 was still in escrow, no claim had been paid and the two (2) year term would expire in August of 1998 and when such conversation was held. See Answer to Interrogatory #13. 15. In reference to Paragraph (7) and (31) of Plaintiff's Complaint state whether the "escrowfl agreement to which Plaintiff is referring was oral or in writing. If the agreement was oral state with specificity the terms of the agreement and if in writing attache a copy of the agreement. Paragraphs (7) and (31) of Plaintiff's Complaint speak for themselves. Agreement was oral, as between Plaintiff and Defendant, specifying teJ:IIIS and reason for escrow. Written es=ow agreement, not specifying teJ:IIIS or reasons, executed by the parties with Westminster Bank and Trust. Plaintiff believes Defendant is in possession of escrow contract. 16. In reference to Paragraph (34) of the Plaintiff's Complaint state with specificity whether Plaintiff was advised by, among other individuals, Harold A. Eastman or. - " ,- ~ I, ~'- that Defendant expended substantial sums to repair the Connelly residence and the Lawrence residence constructed by Plaintiff. Yes. 17. In reference to MarSar Development Corp., please identify the following information from January 1, 1992 to present: a. Officers of MarSar, their title, current addresses and dates offices held. See Answers to Interrogatory #1. held. b. Shareholders of MarSar, their percent of ownership, and current addresses. Titles still =rrently Mr. Fiocco, 50% - see Interrogatory #1 Mr. Christensen, 50% - see Interrogatory #1 c. The names and current addresses of all employees of MarSar Development Corporation None 18. In reference to Paragraph (8) of Plaintiff's Complaint, state whether Plaintiff's Chapter 11 Bankruptcy was voluntarily dismissed and if the response is in the affirmative the date when the Bankruptcy was voluntarily dismissed. "1 . I,. ~: The Bankruptcy was voluntarily dismissed at the request of the Officers of the Corporation on June 8, 1998. Respectfully submitted, MOONEY & ASSOCIATES BY:AU~*~ John James M ey, til, Esquire Attorney for Plaintiff 230 York Street Hanover, PA 17331 (717) 632-4656 ID #39137 i'"* " . '1 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, , rM do hereby certlfy that on this the ~ day of October, 2000, I served a copy of the foregoing Plaintiff's Answer to Defendant's First Set of Interrogatories upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 BY'~.u;~ John Jam~s MgJ' ey, III, Esquire Atty. I.D. #39137 "'" =' " I, AFFIDA VIr COMMONWEAI.:mOF PENNSYLVANIA: : ss: COUNTY OF YORK :Be1tR me, aNaIaIy Public. in SlId 1br saidColmty SlId ~ pmona11y ~ i/'>'U1 1/). flatu j]J2- . . beiDg duly swom ........~ to Jaw, deposes SlId . saysthattbefiM:lsf.._.IR:....jinlbch"l5"~ t~k .;-" LluIN.r!"r";i;5 / (7 amttucSlld...........ttotbe best at", ,"" _~ ..~/ d;/~{/ ~ ~ , SWORN lIIId SUBSCRlBED to befum me this od... day at (kfob-Q r- . ()CSt5U '-fD~ '-I<! cJJ.PA L NaIaIy PubHc Notarial Seal Elaine K. Weese, Notary Public Hanover Bore, York County My Commission Expires Mar. 29, 2004 Member, PennsylvamaASSOCIationolNotanes ~ " '.JI "-';- .' ~ 0' 'iY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYL V ANlA MARSAR DEVELOPMENT CORP. Plaintiff: DOCKET NO, 2000-4329 CIVIL ACTION - LAW v, QUALITY BUILDERS WARRANTY CORP. Defendant REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF. MARSAR DEVELOPMENT CORP. Defendant, Quality Builders Warranty Corporation, by its undersigned counsel, hereby requests, pursuant to Pennsylvania Rules of Civil Procedure, that the Plaintiff: Marsar Development Corp., produce for inspection and copying each and every document described below which is in its possession, custody, or control to John A Gill, Esquire at the office of Quality Builders Warranty Corporation, 325 North Second Street, Wormleysburg, Pennsylvania, 17043, within thirty (30) days. This discovery request shall be deemed continuing in nature so as to require supplemental responses if Plaintiff or any agent of Plaintiff obtains further information and documents. DOCUMENTS OR ITEMS SUBJECT TO THIS REOUEST L Copies of all documents, notes, and memoranda in support of your claim and defenses. 1 "'~ 2. Copies of all documents referred to, identified In, or related to Plaintiff's Answer to Defendant's Interrogatories. 3. Copies of any and all requests for warranty work forwarded to Marsar Development Corporation for homes enrolled in the QBW program from 1993 to present. 4. Copies of all documents which evidence and support your understanding of the "escrow" agreement referred to in your Complaint. 5. All documents which you intend to use at trial. 6. All statements or memoranda of statements of any person who has any knowledge of the facts pertaining to your claim or defenses, was identified In Plaintiff's answers to Interrogatories or who may be called as a witness at trial. 7. The current curriculum vitae for each such expert retained by Plaintiff. Respectfully submitted, QUALITY BUILDERS WARRANTY CORPORATION ~ill, ES:Uire Attorney for Defendant 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 ID # 41532 2 . .., .'- --1-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. PLAINTIFF'S REPLY TO DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS AND NOW, on this ;:;1:fJ_ day of October, 2000, come~_ the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Reply to Defendant's Request for Production of Documents as follows, to wit: 1. Plaintiff objects to this request as being over broad and unintelligible. Plaintiff further avers that Defendant possesses any and all documentation with regard to the Agreement by and between Plaintiff and Defendant. ~~ 2. Plaintiff avers that Defendant is in possession of any and all documents relevant to these proceedings as evidenceq by Defendant's Responses to Plaintiff's Request for Production of Documents at #2 and #4. 3. Plaintiff avers that Defendant is in possession of any and all documents relevant to this request as evidenced by Defendant's Responses to Plaintiff's Request for Production of Documents at #3. ~ . ,~ - ,~ , ", , "I 4. Defendant is already in possession of "escrow" paperwork, as evidenced by Defendant's response to Plaintiff's Request for Production of Documents at #2 and #4. By way of further response, Plaintiff does not currently possess the "escrow" documentation. 5. As stated previously, Plaintiff does not possess these documents. The documents requested are in the possession of the Defendant. over 6. Not applicable. Plaintiff broad and unintelligible.~~ 7. Not applicable. objects to this Request as Respectfully submitted, MOONEY & ASSOCIATES By: /?d/d~ d-, John James ey, TII, Esquire Attorney for Plaintiff 230 York street Hanover,PA 17331 (717) 632-4656 ID #39137 "" . ~ 'I ~ ~. ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, do hereby certify that on this the ~o day of October, 2000, I served a copy of the foregoing Plaintiff's Reply to Defendant's Request for Production of Documents upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 BY:~ John James Mo ey, Atty. I.D. #39137 II - L -II ;. .,' . .;"~.ll,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARSAR DEVELOPMENT CORP. Plaintiff, DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP. Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of DEFENDANT'S QUALITY BUILDERS WARRANTY CORPORATION'S MOTION TO COMPEL ANSWERS TO INTEROGATORlES AND REQUEST FOR PRODUCTION OF DOCUMENTS dated October 27, 2000 has been duly served upon the following party of record by depositing the same in the United States mail, postage prepaid, in Lemoyne, Pennsylvania on this 26th day of October 2000, and to the addressJisted below: TO: MR JOHN JAMES MOONEY, Ill, ESQUIRE MR MICHAEL S. ROGOVIN, ESQUIRE 230 YORK STREET HANOVER, PENNSYLVANIA 17331 ATTORNEY FOR PLAINTIFF ~~qo~l'f-W ecretary c I, "'~ : MARSAR DEVELOPMENT CORP., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff CIVIL ACTION - LAW vs. 00-4329 CIVIL QUALITY BUILDERS WARRANTY CORP., Defendant IN RE: DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this day of October, 2000, upon consideration of Defendant, Quality Builders Warranty Corporation's Motion to Compel Answers to Interrogatories and Request for Production of Documents, a Discovery Conference/Hearing is set for Wednesday, November 08, 2000 at 11:00 a.m. in Courtroom Number (1), Cumberland County Courthouse, Carlisle, PA The time, place and date being the same that Plaintiff's similar motion will be addressed. BY THE COURT, 1. Wesley Oler, Jr., 1. ~~<'';''.i . . . , I ,I 1- .1 J -_ ,.~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP. Defendant DEFENDANT. OUALITY BUILDERS WARRANTY COPORATION'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS AND NOW comes Defendant, Quality Builders Warranty Corporation (QBW) and files the within Motion to Compel Answers to Interrogatories and Request for Production of Documents and avers in support hereof the following: L Plaintiff, Marsar Development Corp. (Marsar) filed the within action on June 26, 2000 seeking reimbursement of monies allegedly due from Defendant, Quality Builders Warranty Corporation (QBW). 2. On July 13,2000 QBW filed preliminary Objections on the basis of the among other things, Marsar's Corporate Charter has been in forfeiture in the State of Maryland since October 6, 1998. The preliminary Objections have not been listed for Argument. ~ _, L , " " "' -' J . ";.c' 3. On August lO, 2000 QBW served its Request for Production of Documents and Interrogatories on Marsar. Marsar's Answers to QBW's Discovery Request were due on September 09. QBW did not receive Answers, which necessitated a Motion to Compel. Marsar answered by reply dated October 05, received by QBW on October 1 L A copy of Marsar's untimely answers to QBW's Discovery Request is attached as Exhibit A 4. On August 22,2000 Marsar served Interrogatories and Request for Production of Documents on QBW. QBW timely filed Answers and Objections to Marsar's Discovery Request on September 21. 5. Marsar filed a Motion to Compel Answers to Interrogatories and Request for Production of Documents and Request for Sanctions and Attorney Fees and the Honorable J Wesley Oler, Jr. has scheduled a Discovery COnference/Hearing for Wednesday, November 08 at 11:00 a.m. in Courtroom Number L QBW seeks to compel Marsar to adequately respond to its Discovery Request and provide documents requested and requests that QBW's motion be heard on November 08 at 11:00 a.m. in connection with Marsar's Motion. 6. In reference to Marsar's Reply to QBW's for Request for Production of Documents. Marsar has failed to idemify any documents and has further prevented QBW from expecting or examining any documents. Therefore QBW requests that Marsar be directed to specifically identify the documents in Marsar's possession and to the extent Marsar does not possess the documents specifically identify any documents which Marsar is relying on in its claim or defense that Marsar contends is in QBW's possession. 7. In reference to Marsar's Answers to QBW's Interrogatories: r I. :.1 _. .~ I il I, II I, ii ,I " I , ,I a. Answer to Interrogatory Number (2) identifies experts which Marsar intends to call at time of trial but fails to identify the collateral information which QBW requests in reference to experts and their testimony as requested in Interrogatories (3) through (8). b. Interrogatory Number (9) requests Marsar to set forth the testimony of witnesses. Marsar has identified two (2) officers of its company but states that it is unable to state what they will testifY to without information requested in QBW's Interrogatories. Marsar has to know to what their own officers will testify to. c. Marsar's answer to Interrogatory (13b) is deficient in that it fails to specify an individual but rather identifies a corporate entity. 8. The Attorney representing Marsar is John James Mooney, ill, Esquire, and Michael S. Rogovin, Esquire, 230 York Street, Hanover, Pennsylvania, Pa. 1733 L WHEREFORE, Defendant, Quality Builders Warranty Corporation, requests that Plaintiff, Marsar Development Corporation be compelled to answer QBW's Interrogatory and Request for Production of Documents in accordance with the Rilles of Civil Procedure. Respectfully submitted, QUALITY BUILDERS WARRANTY CORPORATION John . Gill, Esquire RNEY FOR DEFENDANT 325 North 2nd Street Wormleysburg, Pennsylvania, Pa. 17043 (717) 737-2522 LD. # 41532 . EXHIBIT !d ,,[ -'I I i I j I I , I I I , , i i , , I IN THE CCURT OF COMMON P!.EAS OF CUMBERL.;J,.ND COu"NTY, PENNSYLVF.NL1\. ~~~S~~ DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LP_W QUALITY BUILDERS W~~TY CORP., Defendant. PLAINTIFF'S JI..NSW""ERS TO DEFENDJI..NT' S FIRST SET OF INTERROGATORIES ANrl NOW, on this € day of Octane:!:', 2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Answe:!:' to Defendant's First S~t of Interrogatories as follows, to wit: 1. Identify the name, address and title of each individual that provided answers and/or supplied information to answer these Interrogatories. 2.. Vince.l'.t J. Fiacco, III, 2718 Salem Bottom Road, Westminster, Ma1=yland 21157 - President, MarSar Development Corporation. b. Dale V. Christensen, 2920 Arters Mill Road, Westminster, lo'.axyland 21158 Vice-President, MarSar Development Co~oration. 2. Please identify each expert witness you expect to call at trial.. 2.. Issach Menasc.~e - Esquire, Carroll County Attorney's Office. b. Mike lo'..aring - Chief Permit Officer, Carroll County. c. Ral.ph Green - Chief Inspection Officer, Carroll County. - ~,. I ~ , L, . , -"," 3. What are the qualifications of each such expert? To be provided at time of trial. 4. Has any such expert ever testified in Court within the last ten (10) years? Unknown at this time. To be provided at trial.. 5. If the answer to the preceding Interrogatory is in the affirmative, please state the following: (a-e) Not applicable. 6. State with specificity what testimony will be presented by each such expert, including but not limited to: a. The subject matter of which he is to testify; Warranty work at various locations in the Shiloh Run neighborhood. b. The facts and opinions to which he is to testify; The quality of work performed by Plaintiff. c. The basis for his opinions; Experience, inspections of Plaintiff's work and interviews wi th homeowners. d. The identity of any text, journals, documents, records, reports, statistics, or other materials which such expert consulted or relied upon in forming his opinion or preparing his testimony; Unknown at this time. <<'-""',1 ,I 1 I I 'I I I , , I " ..1 ,I" ;..~"J e. The purpose for consulting the expert. Affirmation of work completed by Plaintiff, quality of work, and necessity of warranty work. 7. Identify all documents prepared by each expert together with all correspondence between expert and Plaintiff or his/her attorney, anyone acting on agent, or Plaintiff's behalf. None at this time. 8. Identify all documents which each such expert intends to use at trial, including but not limited to, documents that such expert has prepared in preparation of trial. None at this time. 9. Please identify each witness you expect to call at trail other than those witnesses identified as experts. a. Dale V. Christensen b. Vincent J. Fiocco, III c. John Gill, Esquire d. J .M. Olshefski 10. State with specificity what testimony will be presented by witness preceding identified in the each Interrogatory, including, but not limited to: (a-c) Unable to answer without information requested in Plaintiff's Interrogatories. .-, , <, I I I I j I I I I . '-"" " , j " , '~1' 11. Has Plaintiff, its agent, attorneys, or anyone acting on its behalf obtained a statement from any of the parties to this action? If so, please identify the name and address of each individual from whom a statement was obtained. None 12. Please state the complete factual basis for your averment in Paragraph (5) of your Complaint that ~no warranty issues had arisen, nor have any arisen since." Plaintiff avers that Plaintiff was told by both John Gill and another agent of Quality Builders Warranty Corp. that none of the escrow money had been spent by Defendant and that all would be returned to Plaintiff. 13. In reference to Paragraph (12) of your Complaint, please state with specificity: (a) Who responded that the funds in escrow would be returned in two (2) years provided no warranty claims had arisen at the end of the two (2) year period? Plaintiff cannot remember. (b) When was such information provided and to whom it was provided to: May of 1998 to Plaintiff. . , -, . ~ ,:i ,jl I ij ~ I I ,Ii I I II " :!I I , ~ I 14. In reference to Paragraph (14) of your Complaint state with specificity who told Mr. Fiocco that the $25,000.00 was still in escrow, no claim had been paid and the two (2) year term would expire in August of 1998 and when such conversation was held. See Answer to Interrogatory #13. Complaint state whether the "escrowH agreement to which ".1', [I 'I I 15. In reference to Paragraph (7) and (31) of Plaintiff's Plaintiff is referring was oral or in writing. If the agreement was oral state with specificity the terms of the agreement and if in writing attache a copy of the agreement. Paragraphs (7) and (31) of Plaintiff's Complaint speak for themselves. Agreement was oral, as between Plaintiff and Defendant, specifying terms and reason for escrow. Written es=ow agreement, not specifying terms or reasons, executed by the parties with Westminster Bank and Trust. Plaintiff believes Defendant is in possession of escrow contract. 16. In reference to Paragraph (34) of the Plaintiff's Complaint state with specificity whether Plaintiff was advised by, among other individuals, Harold A. Eastman ,. - "_L_ i 1 i: , " , , i that Defendant expended substantial sums to repair the Connelly residence and the Lawrence residence constructed by Plaintiff. Yes. See Answers to Interrogatory #1. Ti tIes still currently I I I i I I 'I " ! i I I I il I i i I I I I I I I i I I I I ! I :1 I ,I , ! 17. In reference to MarSar Development Corp., please identify the following information from January I, 1992 to present: a. tlffrcers of MarSar, their title, current addresses" and dates offices held. held. b. Shareholders of MarSar, their percent of ownership, and current addresses. Mr. Fiocco, 50% - see Interrogatory #1 Mr. Christensen, 50% - see Interrogatory #1 c. The names and current addresses of all employees of MarSar Development Corporation None 18. In reference to Paragraph (8) of Plaintiff's Complaint, state whether Plaintiff's Chapter 11 Bankruptcy was voluntarily dismissed and if the response is in the affi=ative the date when the Bankruptcy was voluntarily dismissed. - - ;c' _ I ~~ ~ The Eank=ptcy was voluntarily dismissed at t.lJ.e request of the Officers of the Corporation on June 8, 1998. Respectfully submitted, MOONEY & ASSOCIATES By: ~4/~~>~ John James M ey, tiT, Esquire Attorney for Plaintiff 230 York Street Hanover, PA 17331 (717) 632-4656 ID #39137 ~ . ~f . I , ' , ~ """.U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, ,rt<L do hereby certify that on this the ~ day of October, 2000, I served a copy of the foregoing Plaintiff's Answer to Defendant's First Set of Interrogatories upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 , ~!- By: /2.~/,.""" ,'. John James M~ ' ey, III, Esquire Atty. I.D. #39137 1'': ~ '~" -,-- ,'., ," I. I, I I , , , I , , I , :: ii i if i.; " : S8: , , , , , I ! I I I I I I i 'J , I I , I I I I I 1 I I 1 i ,I I 'I I " Ii 1 " , I , I i i I I I I , .1 I I , " :i ,I il I II AFFIDA vrr COMMONWEAL'mOF PENNSYL VANIA: COUNTY OF YORK Bc:tbEc me, a Notary PubJic. in 8Dd :fur said Couui:y aud C -. ... - ...-lth. P"""""'1ty ~ i/,,,Cl'" '/), ~~ao; iJI2- . beiDg duly swom ........Jiug to law, deposc:s lIIJIi SlIJlIthatthemas,...j~;.~linthefu.~,;..g J;'.9/'/ f" LI/"I'/'NJ!Pr'/<lJ / tY IIRl true 8Dd ............t to the best of / ~ ~;-7....ti.... lI1V1, ~;..r d':~~ ~~A-, SWORN lIIJIi SUBSCRIBED to be:fure me tbis ::;d- day of Chwb.Q.' . /J.csDU rJ)~~ cJ,--QiAL Notary PubJic Notarial Seal Baine K. Weese, Notary Publio Hanover Bore. York County My Commission Expires Mar. 29, 2004 Memo"" PennsylvaniaAssociaDonotNotaries o ,~ ,,' , IN THE CmJRT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYL V Al'lIA MARSARDEVELOPMENT CORP. Plaintiff: DOCKET NO. 2000-4329 CIVll. ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP. Defendant REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF. MARSAR DEVELOPMENT CORP. II :1 I Defendant, Quality Builders Warranty Corporation, by its undersigned counsel, hereby requests, pursuant to Pennsylvania Rules of Civil Procedure, that the Plaintiff: Marsar Development Corp., produce for inspection and copying each and every document described below which is in its possession, custody, or control to John A Gill, Esquire at the office of Quality Builders Warranty Corporation, 325 North Second Street, Wormleysburg, Pennsylvania, 17043, within thirty (30) days. This discovery request shall be deemed continuing in nature so as to require supplemental responses if Plaintiff or any agent of Plaintiff obtains further information and documents. DOCUMENTS OR ITEMS SUBJECT TO THIS REOUEST L Copies of all documents, notes, and memoranda in support of your claim and defenses. 1 . . ~ ~ , 2. Copies of all documents referred to, identified m, or related to Plaintiffs Answerto Defendant's Interrogatories. 3. Copies of any and all requests for warranty work forwarded to Marsar Development Corporation for homes enrolled in the QBW program from 1993 to present. 4. Copies of all documents which evidence and support your understanding of the "escrow" agreement referred to in your Complaint. 5. All documents which you intend to use at triaL 6. All statements or memoranda of statements of any person who has any knowledge of the facts pertaining to your claim or defenses, was identified m Plaintift's answers to Interrogatories or who may be called as a witness at triaL 7. The current curriculum vitae for each such expert retained by Plaintiff. Respectfully submitted, QUALITY BUILDERS WARRANTY CORPORATION ~il1, ES~uire Attorney for Defendant 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 ill # 41532 2 ~~ ~ e'. , , ,I ,I 11 1'.1 ;1 il :! " :1 :1 ;i , q I I, 'I II I I ,I II , , i I i II 11 I ,I I I " I , I II ,I '! ,'I I i I , ! " 1,1 I " , :j ;'1 'I " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. PLAINTIFF'S REPLY TO DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS AND NOW, on this ,;l:fJ_ day of October, 2000, come~ the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Reply to Defendant's Request for Production of Documents as follows, to wit: 1. Plaintiff objects to this request as being over broad and unintelligible. Plaintiff further avers that Defendant possesses any and all documentation with regard to the Agreement by and between Plaintiff and Defendant. ~~ 2. Plaintiff avers that Defendant is in possession of any and all documents relevant to these proceedings as evidenced by Defendant's Responses to Plaintiff's Request for Production of Documents at #2 and #4. 3. Plaintiff avers that Defendant is in possession of any and all documents relevant to this request as evidenced by Defendant's Responses to Plaintiff's Request for Production of Documents at #3. . ...~...'- 'I I I I ,i I I i , I I " I II 'I I I i i I ;,j ! i !I " II Ii :1 i !I I 'I II :I I I I i I I I I I I I I , " :1 :1 . . . ~' ^ ~"i' ,I 4. Defendant is already in possession of "escrow" paperwork, as evidenced by Defendant's response to Plaintiff's Request for Production of Documents at #2 and #4. By way of further response, Plaintiff does not currently possess the "escrow" documentation. 5. AE stated previously, Plaintiff does not possess these documents. The documents requested are in the possession of the Defendant. 6. Not applicable. Plaintiff -;4.\j~? broad and unintelligible ./~~ objects to this Request as over 7. Not applicable. Respectfully submitted, MOONEY & ASSOCIATES By:/?~d~'~ John James ey, l"tr, Esquire Attorney for Plaintiff 230 York Street Hanover, PA 17331 (717) 632-4656 ID #39137 . . , ,I _ d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, do hereby certify that on this the ~~ day of October, 2000, I served a copy of the foregoing Plaintiff's Reply to Defendant's Request for Production of Documents upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 I I, Esquire , ~ I ' ^ I',i 'I I I 1 I I , I I I I I I , , I , I I , I I I I I 'I I I I i I I I I i I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARSAR DEVELOPMENT CORP. Plaintiff, DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP. Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of DEFENDANT'S QUALITY BUILDERS WARRANTY CORPORATION'S MOTION TO COMPEL ANSWERS TO INTEROGATORlES AND REQUEST FOR PRODUCTION OF DOCUMENTS dated October 27, 2000 has been duly served upon the following party of record by depositing the same in the United States mail, postage prepaid, in Lemoyne, Pennsylvania on this 26th day of October 2000, and to the address listed below: TO: MR JOHN JAMES MOONEY, ill, ESQUIRE MR. MICHAEL S. ROGOVIN, ESQUIRE 230 YORK STREET HANOVER, PENNSYLVANIA 17331 ATTORNEY FOR PLAINTIFF, 4~cf~flW ecretary J; -I" ,~'.. 'I MARSAR DEVELOPMENT CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW vs. 00-4329 CIVIL QUALITY BUILDERS WARRANTY CORP., Defendant IN RE: DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this day of October, 2000, upon consideration of Defendant, Quality Builders Warranty Corporation's Motion to Compel Answers to Interrogatories and Request for Production of Documents, a Discovery ConferencelHearing is set for Wednesday, November 08, 2000 at 11:00 a.m. in Courtroom Number (1), Cumberland County Courthouse, Carlisle, P A The time, place and date being the same that Plaintiff's similar motion will be addressed. BY THE COURT, J. Wesley Oler, Jr., J. tw ~~ I <.'; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA MARSAR DEVELOPMENT CORP. Plaintiff, DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BUILDERS WARRANTY CORP. Defendant DEFENDANT. OUALITY BUILDERS WARRANTY COPORATllON'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS AND NOW comes Defendant, Quality Builders Warranty Corporation (QBW) and files the within Motion to Compel Answers to Interrogatories and Request for Production of Documents and avers in support hereof the following: L Plaintiff, Marsar Development Corp. (Marsar) filed the within action on June 26, 2000 seeking reimbursement of monies allegedly due from Defendant, Quality Builders Warranty Corporation (QBW). 2. On July 13, 2000 QBW filed preliminary Objections on the basis of the among other things, Marsar's Corporate Charter has been in forfeiture in the State of Maryland since October 6, 1998. The preliminary Objections have not been listed for Argument. ,..~ , ,~ : ','~' 3. On August lO, 2000 QBW served its Request for Production of Documents and Interrogatories on Marsar. Marsar's Answers to QBW's Discovery Request were due on September 09. QBW did not receive Answers, which necessitated a Motion to CompeL Marsar answered by reply dated October 05, received by QBW on October 11. A copy of Marsar's untimely answers to QBW's Discovery Request is attached as Exhibit A. 4. On August 22, 2000 Marsar served Interrogatories and Request for Production of Documents on QBW. QBW timely filed Answers and Objections to Marsar's Discovery Request on September 21. 5. Marsar filed a Motion to Compel Answers to Interrogatories and Request for Production of Documents and Request for Sanctions and Attorney Fees and the Honorable 1. Wesley Oler, Jr. has scheduled a Discovery Conference/Hearing for Wednesday, November 08 at 11:00 a.m. in Courtroom Number 1. QBW seeks to compel Marsar to adequately respond to its Discovery Request and provide documents requested and requests that QBW's motion be heard on November 08 at 11:00 a.m. in connection with Marsar's Motion. 6. In reference to Marsar's Reply to QBW's for Request for Production of Documents. Marsar has failed to identifY any documents and has further prevented QBW from expecting or examining any documents. Therefore QBW requests that Marsar be directed to specifically identify the documents in Marsar's possession and to the extent Marsar does not possess the documents specifically identify any documents which Marsar is relying on in its claim or defense that Marsar contends is in QBW's possession. 7. In reference to Marsar's Answers to QBW's Interrogatories: (E - ~" '-.'. , I, , . a. Answer to Interrogatory Number (2) identifies experts which Marsar intends to call at time of trial but fails to identify the collateral information which QBW requests in reference to experts and their testimony as requested in Interrogatories (3) through (8). b. Interrogatory Number (9) requests Marsar to set forth the testimony of witnesses. Marsar has identified two (2) officers of its company but states that it is unable to state what they will testifY to without information requested in QBW's Interrogatories. Marsar has to know to what their own officers will testifY to. c. Marsar's answer to Interrogatory (13b) is deficient in that it fails to specify an individual but rather identifies a corporate entity. 8. The Attorney representing Marsar is John James Mooney, ill, Esquire, and Michael S. Rogovin , Esquire, 230 York Street, Hanover, Pennsylvania, Pa. 17331. WHEREFORE, Defendant, Quality Builders Warranty Corporation, requests that Plaintiff; Marsar Development Corporation be compelled to answer QBW's Interrogatory and Request for Production of Documents in accordance with the Rules of Civil Procedure. Respectfully submitted, QUALITY BUILDERS WARRANTY CORPORATION John . Gill, Esquire RNEY FOR DEFENDANT 325 North 2nd Street W ormleysburg, Pennsylvania, Pa. 17043 (717) 737-2522 LD. # 41532 ""' EXHIBIT ~ IN THE COURT OF COMMON P~EAS OF CUMBERLFED COur<TY, PENNSYLVFEIA ~~~S~~ DEv~LOP~NT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LP.W QUALITY BUILDERS W~~TY CORP., Defendant. PLAINTIFF'S ANS"'.."'ERS TO DEFEND.i\.-H'T" S FIRST SET OF INTERROGATORIES AND NOW, on this ~ day of October, 2000, comes the Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Answe~ to Defendant's First Set of Interrogatories as follows, to wit: 1. Identify the name, address and title of each individual that provided answers and/or supplied information to answer these Interrogatories. 2. Vince!1.t J. Fiecco, III, 2718 Salem Bott= Road, Westminster, .... ~~land 21157 - Pres{dent, MarSar Development Corporation. b. Dale V. Christensen, 2920 Arters Mill Road, Westminster, ~~land 21158 Vice-President, MarSar Development Corporation. 2. Please identify each expert witness you expect to call at trial. 2. Issac.'1. Menasc.'1.e - Esquire, Carroll County Atto=ey's Office. b. M.i.ke ~..aring - Chief Permit Officer, Carroll County. c. Ralph Green - Chief Inspection Officer, Carroll County. 1""'* ,,' I. 3. What are the qualifications of each such expert? To be provided at time of trial. 4. Has any such expert ever testified in Court within the last ten (10) years? Unknown at this time. To be provided at trial. 5. If the answer to the preceding Interrogatory is in the affirmative, please state the following: (a-e) Not applicable. 6. State with specificity what testimony will be presented by each such expert, including but not limited to: a. The subject matter of which he is to testify; Warranty work at various locations in the Shiloh Run neighborhood. b. The facts and opinions to which he is to testify; The quality of work perfoImed by Plaintiff. c. The basis for his opinions; Experience, inspections of Plaintiff's work and interviews wi th homeowners. d. The identity of any text, journals, documents, records, reports, statistics, or other materials which such expert consulted or relied upon in forming his opinion or preparing his testimony; Unkn.own at this time. .1 . L' ,~ I; "'-""l e. The purpose for consulting the expert. Affirmation of work completed by Plaintiff, quality of work, and necessity of warranty work. 7. Identify all documents prepared by each expert together with all correspondence between expert and Plaintiff or his/her agent, attorney, Plaintiff's behalf. None at this time. 8. Identify all documents which each such expert intends to use at trial, including but not limited to, documents that such expert has prepared in preparation of trial. None at this time. or anyone acting on 9. Please identify each witness you expect to call at trail other than those witnesses identified as experts. a. Dale V. Christensen b. Vincent J. Fiocco, III c. John Gill, Esquire d. J.M. Olshefski 10. state with specificity what testimony will be presented by each witness identified in the preceding Interrogatory, including, but not limited to: (a-c) Unable to answer without information requested in Plaintiff's Interrogatories. "' <-1,', , I: -1.._ , ~,' ;'-';l 11. Has Plaintiff, its agent, attorneys, or anyone acting on its behalf obtained a statement from any of the parties to this action? If so, please identify the name and address of each individual from whom a statement was obtained. None 12. Please state the complete factual basis for your averment in Paragraph (5) of your Complaint that ~no warranty issues had arisen, nor have any arisen since." Plaintiff avers that Plaintiff was told by both John Gill and another agent of Quality Builders Warranty Corp. that none of the escrow money had been spent by Defendant and that all would be returned to Plaintiff. 13. In reference to Paragraph (12) of your Complaint, please state with specificity: (a) Who responded that the funds in escrow would be returned in two (2) years provided no warranty claims had arisen at the end of the two (2) year period? Plaintiff cannot remember. (b) When was such information provided and to whom it was provided to: May of 1998 to Plaintiff. irJ " "I' ~~~ Ij 14. In reference to Paragraph (14) of your Complaint state with specificity who told Mr. Fiocco that the $25,000.00 was still in escrow, no claim had been paid and the two (2) year term would expire in August of 1998 and when such conversation was held. See Answer to Interrogatory #13. 15. In reference to Paragraph (7) and (31) of Plaintiff's Complaint state whether the ~escrown agreement to which Plaintiff is referring was oral or in writing. If the agreement was oral state with specificity the terms of the agreement and if in writing attache a copy of the agreement. Paragraphs (7) and (31) of Plaintiff's Complaint speak for themselves. Agreement was oral, as between Plaintiff and Defendant, specifying terms and reason for escrow. Written es=ow agreement, not specifying terms or reasons, executed by the parties with Westminster Bank and Trust. Plaintiff believes Defendant is in possession of escrow contract. 16. In reference to Paragraph (34) of the Plaintiff's Complaint state with specificity whether Plaintiff was advised by, among other individuals, Harold A. Eastman - " , , :. " ;. I '~i that Defendant expended substantial sums to repair the Connelly residence and the Lawrence residence constructed by Plaintiff. Yes. 17. In reference to MarSar Development Corp., please identify the following information from January 1, 1992 to present: a. Officers of MarSar, their title, current addresses and dates offices held. See Answers to Interrogatory #1. held. Ti tles still currently b. Shareholders of MarSar, their percent of ownership, and current addresses. Mr. Fiocco, 50% - see Interrogatory #1 Mr. Christensen, 50% - see Interrogatory #1 c. The names and current addresses of all employees of MarSar Development Corporation None 18. In reference to Paragraph (8) of Plaintiff's Complaint, state whether Plaintiff's Chapter 11 Bankruptcy was voluntarily dismissed and if the response is in the affirmative the date when the Bankruptcy was voluntarily dismissed. m:; The Bankr.:lptcy was voluntarily dismissed at t.;,e request of the Officers of the Corporation on June 8, 1998. Respectfully submitted, MOONEY & ASSOCIATES BY:~~~'4 John James M ey, ilr, Esquire Attorney for Plaintiff 230 York street Hanover, PA 17331 (717) 632-4656 rD #39137 IN TEE COURT OF COMMON PI.BAS _OF CT.iMBERIJI_NrL COl.1"1'TTY, PENNSYLVANIJI. ~~SAR DEVELOPMENT CORP. Plaintif:E,_ No. 2000-4329 v. CIVIL ACTION - LAW QUALITY BUILDERS WARRANTY CORP., Def.endant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, do hereby cer.ti.f.v th.at on. this the$M day of October, 2000, I served a copy of the foregoing Plaintiff's Answer to Defenda..TJ.t's First Set of Interrogatori.es upon the persons and in the manneru indi.cated helow, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second St~eet Wormleysburg, PA 17043 By: ~L~.~~' John Jam~s MS0Uey, III, Atty. I.D. #39137 Esquire . AFFIDA vcr COMMONWEALlli OF PENNSYLVANIA: : 58: COUNTY OF YORK Bctixc me., Ii Notmy' Public, in IUId fur said County aIld Commonwealti1, p"""""'lly ~ed V,,,,,,,., >!j. r::;" '_d. Jll:- . being dilly swom &......a.Ji..g to law. deposes aud saystbatthefilds.H'jM;.....,{jinthefu.~Wg *:""/,, .;., LI-/,;'N~jfp"./ff; / d am troc 8Ild ...........t to the best. of hi; k:oowicdge, ~ IUId bclici ,. / '/f ../(/ '-- ~/~) ~ U-~ ,L~A, SWORN aIld SUBSCRIBED to ~m= this ocl- day of (hfob~ I . ().cs6u 'f>O~~uJ)LOAL NotaIy PDblic Notarial Seal Baine K. Weese. Notary Public Hanover Bora. York County My Commission E:<pires Mar. 29. 2004 Memcer, PennsyllJanraAssociationotNotanes IN mE COfJ'RT Of COMMON.PLEA.'s Of CUMBJ::RJ;,ANQ .COfJf-ilY, PENNSYL V A1"lIA MARSAR DEVELOP~NT CORP. PlaimiII; DOCKET NO. 2000-4329 CIVIL ACTION - LAW v. QUALITY BulI.DERS WARRANTY CORP. Defendant REQUEST FOR PRODUCTION OF DOCillAENTS ADDRESSED TO PLAINTIFF_ MARSAR DEVELOPMENT CORP. Defendant, Quality Builders Warranty Corporation, by its undersigned counsel, hereby requests, pursuant to Pennsylvania Rules of Civil Procedure, that the Plaintiff, Marsar Development Corp" produce for inspection and copying each and every document described below which is in its possession, custody, or control to John A Gill, Esquire at the office of Quality Builders Warranty Corpora:tion, 325 North Second Street, Wormleysburg, Pennsylvania, 17043, within thirty (30) days. This discovery request shall be deemed continuing in nature 50 as to require supplemental responses if Plaintiff or any agent of Plaintiff obtains further information and documents. DOCTJMENTS OR ITEMS SUBJECT TO THIS REOUEST '--'-..__ -. _ __,.". _ "T._________~--__ ,. __~_ L Copies of all documents, notes, and memoranda in support of your claim and defenses, 1 2, Copies of all documents referred to, identified In., or related to Plaintiffs Answeno Defendant's Interrogmories. 3. Copies of any and all requeS!s for warranty work forwarded to Marsar Deveiopmem Corporation for homes enrolled in the QBWprogram from 1993 to presenr. 4, Copies of all documents which evidence and suppon your underS!anding of the "escrow" agreemem referred to in your Complaint, 5. All documems which you intend to use at trial. 6. All statements or memoranda of statements. of any person who has any knowledge of the facts perraining to your claim or defenses, was idemified m Plaintiff's answ~"S to Interrogatories or who may be called as a witness at trial. 7. The current curriculum vitae for each such experr retained by Plaintiff. Respectfully submitted, QUALITY BUILDERS WARRANTY CORPORATION ~ill,Es:urre Attorney for Defendant 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 ID # 41532 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIlI_ MlL~SAR DEVELOPMENT CORP. Plaintiff-, No. 2000-4329 v. CIVIL ACTION - LJI~ QUALITY BUILDERS WARRANTY CORP., Defendant. PLAINTIFF'S REPLY TO DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS , ;-l:.f;,. h AND NOW, on thl.s n day of October, 2000, comes t. e Plaintiff, MarSar Development Corp., by and through its attorneys, Mooney & Associates, by John James Mooney, III, Esquire, and files the within Plaintiff's Reply to Defendant's Request for Production of Documents as follows, to wit: 1. Plaintiff objects to this request as being over broad and unintelligible. Plaintiff further avers that Defendant possesses any and all documentation with regard to the Agreement by and between Plaintiff and Defendant. /:t?~ 2. Plaintiff avers that Defendant is in possession of any and all documents rel,"yantt..o .t.hese. proceedings as evidencecj. by Defendant's Responses to Plaintiff's Request for Production of Documents at #2 and #4. 3. Plaintiff avers that Defe.!1dant is in possession of any and all documents relevant to this request as evidenced by Defendant's Responses to Plaintiff's Request for Production of Documents at #3. 4. Defendant is already in possession of ~escrown _ paperwork, as evidenced. by Defendant's response to Plaintiff's Request for Production of DoCuments' at #2 and #4. By way of further response, Plaintiff does not currently possess the ~escrow" documentation. 5. ~~ stated previously, Plaintiff does not possess these documents. The documents requested are in. the possession of the Defendant. 6. Not applicaQle. plaintiff ?:V<? broad and unintelligible ./~'" objects to tnis Request as over 7. Not applicable. Respectfully submitted, MOONEY & ASSOCIATES By: ./2.' ~ I~. '~ John James ey, I, Esquire Attorney for Plaintiff 230 York Street Hanover, PA 17331 (717) 632-4656 ID #39137 IN THE COURT OF COMMON PLEAS OF CUMBERLFED COUNTY, PENNSYLVF~IA MARSAR DEVELOPMENT CORP. Plaintiff, No. 2000-4329 v. CIVIL ACTION - LAW Q~~ITY BUILDERS WARRANTY CORP., Defendant. CERTIFICATE OF SERVICE I, John James Mooney, III, Esquire, attorney for Plaintiff, do hereby certify that on this the ~e day of October, 2000, I served a copy of the forBgoing Plaintiff's Reply to Defendant's Request for Production of Documents upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: By First Class U.S. Mail, as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 Esquire IN THE COURT OF C0M:t\.10NPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSAR DEVELOP:MENTCORP, Plaintiff, DOCKET NO. 2000-4329 CIVlL ACTION - LAW v. QUALITY BUlLDERS W ARRANTYCORP. Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of DEFENDANT'S QUALITY BUlLDERS WARRANTY CORPORATION'S MOTION TO COMPEL ANSWERS TO INTEROGATORIES ANUREQUEST FOR PRODUCTION OF DOCUMENTS dated October 27, 2000 has been duly served upon the following party of record by depositing the same in the United States mail, postage prepaid, in Lemoyne, Pennsylvania on this 26th day of October 2000, and to the address listed below: TO: MR., JOHN JAMES MOONEY, III, ESQUIRE MR MICHAEL S. ROGOVIN, ESQUIRE 230 YORK STREET HANOVER, PENNSYLVANIA 17331 ATTORNEY FOR PLAINTIFF 4~qo~,LW ecretary