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Home My WebLink About07-1022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. Q"j - . KNIGHT, ESQUIRE, H (?tvt'C-? Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses and objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY H. KNIGHT, ESQUIRE, Plaintiffs : V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants : COMPLAINT No. 0'7 - ID CIVIL ACTION - LAW AND NOW, come the Plaintiffs to file a Complaint in support of which the following statements are made: 1. Plaintiff Knight & Associates, P.C. is a Pennsylvania professional corporation with its principal business office located at 11 Roadway Drive, Suite B, Carlisle, Pennsylvania. 2. Plaintiff Gregory H. Knight, Esquire, is an attorney licensed by the Commonwealth of Pennsylvania and is the owner of and employed by Plaintiff Knight & Associates, P.C. 3. Defendant Frederick D. Thebes is an adult individual residing at RR 2, Box 133, New Bloomfield, Pennsylvania. 4. Defendant Christopher R. Thebes is an adult individual residing at 2421 Cold Storage Road, New Bloomfield, Pennsylvania. 5. Defendant Dynamite Disposal, Inc. is a Pennsylvania corporation with its principal business office located at 3435 Cold Storage Road, New Bloomfield, Pennsylvania. 6. Defendant Fred D. Thebes & Sons, Inc. is a Pennsylvania corporation with its principal business office located at 3435 Cold Storage Road, New Bloomfield, Pennsylvania. 7. On or about June 27, 2006, Defendants Frederick D. Thebes, Dynamite Disposal, Inc., and Christopher R. Thebes retained Plaintiffs for purposes of legal advice, as co-counsel with previously retained counsel in defense of a complaint in equity and other pleadings filed on May 23, 2006 by the Department of Environmental Protection (DEP) against the Defendants and in which complaint and pleadings DEP alleged violations of various Pennsylvania environmental statutes. 8. Since being retained, the Plaintiffs have frequently met with and advised the Defendants as to the many pleadings filed and Plaintiffs have prepared pleadings and written responses to DEP and Plaintiffs have contacted and met with representatives of DEP. 9. On or about September 6, 2006, DEP also filed an Administrative Order in which DEP proposed to revoke the Act 90 hauling permit (WH0332) issued on November 25, 2002 to Defendants Frederick D. Thebes and Dynamite Disposal. 10. Equipment and vehicles owned by Fred D. Thebes and Sons, Inc. were used in the operation of the Act 90 hauling business. 11. Defendants Frederick D. Thebes; Dynamite Disposal, Inc.; Christopher R. Thebes; and Fred D. Thebes and Sons, Inc. requested that the Plaintiffs also represent and advise them as to the September 6, 2006 Administrative Order. 12. The Plaintiffs have provided legal services and detailed those services in monthly invoices mailed to the Defendants who repeatedly assured the Plaintiffs that each Defendant would do what was necessary to ensure that all legal fees were paid. 13. On February 5, 2007 Defendants decided that Plaintiffs' legal serves were no longer needed. 14. By Order dated February 8, 2007, the Honorable C. Joseph Rehkamp, President Judge of Perry County, approved a Motion to Withdraw filed by the Plaintiffs. 15. The current balance due for legal fees rendered by the Plaintiffs is more than $25,000.00. 15. The Defendants are jointly and severally liable for the legal fees incurred by them. WHEREFORE, Plaintiffs request j udgment against each Defendant in the full amount of the balance due, plus legal interest from the date the fees were due, and such other costs and expenses as the Court deems appropriate. Respectfully Submitted: KNIGHT & ASSOCIATES, P.C. Gregory H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. for 2007 H. KNIGHT, ESQUIRE, : Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: Z i Fe- ?,/tAn -L-z ?L- (?? 0'%) 4- (CAAJ Gregory H. Knight, Esquire 7J r-T'? -Ti ;? 1U I OV) t Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendants KNIGHT & ASSOCIATES, P.C., and GREGORY H. KNIGHT, ESQUIRE Plaintiffs V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07 - 1022 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: KNIGHT & ASSOCIATES, P.C., and GREGORY H. KNIGHT, ESQUIRE YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, SMITH DIETTERICK & CONNELLY, LLP Dated: " 1-i,3 , 2007 By:--,? LJ Neil Warner Yahn Attorney I.D. No. $227 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney for Defendants Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendants KNIGHT & ASSOCIATES, P.C., and GREGORY H. KNIGHT, ESQUIRE Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07 - 1022 V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' COMPLAINT AND NOW comes the Defendants, FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., AND FRED D. THEBES AND SONS, INC. (hereinafter collectively referred to as the Defendants unless otherwise indicated by syntax), by and through their counsel, JAMES, SMITH, DIETTERICK AND CONNELLY, LLP and as such provide as follows: 1. Defendants file preliminary objections pursuant to Pa. R.C.P. 1028 to the Complaint in the nature of insufficient specificity in a pleading pursuant to Pa. R.C.P. 1028(a)(3) and a demurrer for legal insufficiency of a pleading pursuant to Pa. R.C.P. 1028(a)(4) for the reasons as set forth below. 2. Plaintiffs have failed to provide an Engagement Letter with the above Defendants specifically naming who the Plaintiffs engaged for legal services as a central part of a contract, the hourly rate and the matter to which the Defendants would be billed, and until the Complaint is clarified, the Defendants respond on the basis of the averment not being plead with specificity under Pa. R.C.P. 1028(a)(3) and should be dismissed. 3. Plaintiffs have failed to provide an Engagement Letter with the above Defendants, specifically naming who the Plaintiffs engaged and until the Complaint is clarified as to whom the Plaintiffs were in privity of contract with, the Complaint should be dismissed for being legally insufficient under Pa. R.C.P. 1028(a)(4). WHEREFORE, for the aforementioned reasons, the Defendants request that this Honorable Court issue an Order striking the Complaint for insufficient specificity in a pleading and for legal insufficiency of a pleading. Date: z a , 2007 -T Respectfully submitted, JAMES, S TH, DIETTERICK & CONNELLY, LLP By: L J , L Neil Warner Y Attorney I.D. ?o. 82278 P. O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney for Defendants 2 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendants KNIGHT & ASSOCIATES, P.C., and GREGORY H. KNIGHT, ESQUIRE Plaintiffs V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 1022 CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ? day of April, 2007, I, Neil Warner Yahn, Esquire, do hereby certify that I served a true and correct copy of the foregoing Preliminary Objections upon the following by depositing the same in the U.S. Mail, first class postage pre-paid at Hershey, Dauphin County, Pennsylvania: SERVED UPON: Gregory H. Knight, Esquire Knight & Associates, P. C. 11 Roadway Drive, Suite B Carlisle, P 17013 (717)2 -5373 U Neil Warner Yahn, F Sup. Ct. I.D. #82278 t = W C t,} PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendants KNIGHT & ASSOCIATES, P.C., and GREGORY H. KNIGHT, ESQUIRE Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 1022 V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., : CIVIL ACTION - LAW Defendants 1. State matter to be argued: JURY TRIAL DEMANDED Defendants' Preliminaa Objections to Plaintiffs' Complaint. 2. Identify counsel who will argue cases: (a) for plaintiff: Gregory H Knight Esquire Knight & Associates P. C. 11 Roadway Drive Suite B, Carlisle Pennsylvania 17013. (b) for defendants: Neil Warner Yahn Esquire James Smith Dietterick & Connelly LLP, 134 Sipe Avenue Hummelstown Pennsylvania 17036. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 16, 2007 JAMES, SMAT4,,PIETTERICK & CONNELLY, LLP Date: April 2-4 '2007 By: Neil Wa " r Yahn Attorne I. P. No. 82278 P. O. BV 50 Hershe, A 17033 (717) 533-3280 Attorney for Defendants 2 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendants KNIGHT & ASSOCIATES, P.C., and GREGORY H. KNIGHT, ESQUIRE Plaintiffs V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07 - 1022 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of April, 2007, I, Neil Warner Yahn, Esquire, do hereby certify that I served a true and correct copy of the foregoing Praecipe to List Case for Argument upon the following by depositing the same in the U.S. Mail, first class postage pre-paid at Hershey, Dauphin County, Pennsylvania: SERVED UPON: Gregory H. Knight, Esquire Knight & Associates, P. C. I 1 Roadway Drive, Suite B Carlisle, PA 17013 Attorney for Plaintiffs (717) 249CN73 Neil WMher ahn, Esquire Sup. Cy. I.D. 82278 r> ?-.? c-;,- _?. f > _ ?? ?} fY? ?? - ?.3 ?'7 h . _ c i ? 3 4i ? '?y - -t t'' •s PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the within matter for the next Argument Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections filed by Defendants. 2. Identify counsel who will argue case: (a) For Plaintiffs: Gregory H. Knight, Esquire, Knight & Associates, P.C., 11 Roadway Drive, Suite B, Carlisle, Pennsylvania 17015. (b) For Defendants: Neil Warner Yahn, Esquire, James, Smith, Dietterick & Connelly, LLP, PO Box 650, Hershey, Pennsylvania 17033. 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 16, 2007 Respectfully submitted, KNIGHT & ASSOCIATES, P.C. r Dated: April 25, 2007 Gregory H. Knight, Esquire Attorney ID No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Plaintiffs FAUser FolderTirm Docs\Forms\Utigation\3987-lprae.azgument.court.wpd { ."s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants CERTIFICATE OF SERVICE AND NOW, this W day of 2007, I, Gregory H. Knight, Esquire, hereby certify that I have this day served upon the following person a copy of the foregoing Praecipe for Listing Case for Argument by first class, United States Mail, postage pre-paid, addressed as follows: Neil Warner Yahn, Esquire PO Box 650 Hershey, Pennsylvania 17033 Attorney for Defendants Respectfully submitted, KNIGHT & ASSOCIATES, P.C. , ??1 f? ?G Gregory . Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs FAUser Fokkffirm Does\Gandces2007\3987-1 answer.wpd C ° :T • ?3 i'7"i - VI N -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants ANSWER TO PRELEW NARY OBJECTIONS OF DEFENDANTS AND NOW, this U*day of April 2007, comes the Plaintiffs, Knight & Associates, P.C., and Gregory H. Knight, Esquire, by and through their counsel of record, Gregory H. Knight, Esquire, to file the following Answer to Preliminary Objections of Defendants, in support as follows: 1. Denied. As further detailed in the Plaintiffs' answers to Preliminary Objections which answers are incorporated herein by reference. 2. Denied. Paragraphs 7 through 12, and paragraph 12 specifically, of the Complaint filed by the Plaintiffs establish, with sufficient specificity, the basis for and terms of the agreement between the parties so that the Defendants can answer the Complaint. Also denied as the Complaint states that the Defendants, not the Plaintiffs, engaged legal counsel. 3. Denied. Paragraphs 7 through 12, and paragraphs 7 and 12 specifically, of the Complaint filed by the Plaintiffs establish, with sufficient specificity, the basis for and terms of the agreement between the parties so that the Defendants can answer the Complaint. Also denied as the Complaint states that the Defendants, not the Plaintiffs, engaged legal counsel. WHEREFORE, the Plaintiffs request that the Court issue an Order striking the Preliminary Objections of Defendants; ordering the Defendants to answer the Complaint within ten days of such Order; and granting such other relief as the Court deems appropriate. GHT & ASSOCIATES, P.C. C Gregory H. ight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants CERTIFICATE OF SERVICE AND NOW, this day of ?t 2007, I, Gregory H. Knight, Esquire, hereby certify that I have this day served upon the following persons a copy of the foregoing Answer by first class, United States Mail, postage pre-paid, addressed as follows: Neil Warner Yahn, Esquire PO Box 650 Hershey, Pennsylvania 17033 Attorney for Defendants Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Gregory H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs FAUser Folder\Firm Docs\Geedocs2007\3997-lanswer.wpd C - A l f n tom.; ? i . ' Y t__ KNIGHT & ASSOCIATES P.C. AND GREGORY H. KNIGHT, ESQUIRE, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC, AND FRED D. THEBES & SONS, INC., DEFENDANTS 07-1022 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY, J. AND HESS. J. ORDER OF COURT AND NOW, this A day of May, 2007, the preliminary objections of defendants to plaintiffs' complaint, ARE DISMISSED. ?egory H. Knight, Esquire For Plaintiffs ?rveil Warner Yahn, Esquire For Defendants sal -4 cr% li L- N Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendants KNIGHT & ASSOCIATES, P.C., and GREGORY H. KNIGHT, ESQUIRE Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 1022 V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., : CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED ANSWER AND AFFIRMATIVE DEFENSES AND NOW comes the Defendants, FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., AND FRED D. THEBES AND SONS, INC. (hereinafter collectively referred to as the "Defendants" unless otherwise indicated by syntax), by and through their counsel, JAMES, SMITH, DIETTERICK AND CONNELLY, LLP and as such provide as follows: 1. Denied. Defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations in Paragraph 1. 2. Denied. Defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations in Paragraph 2. 3. Admitted in part and denied in part. Defendant admits that he resides at RR2 Box 133, New Bloomfield, Pennsylvania, but it is specifically denied that any contractual relationship exists with the Plaintiff. 4. Admitted in part and denied in part. It is admitted that Christopher R. Thebes resides at the address set forth therein, but it is specifically denied that any contractual relationship exists with the Plaintiff. 5. Admitted. 6. Admitted. 7. Denied. Only Dynamite Disposal, Inc., engaged the Plaintiff for legal services. To the extent an answer is required as to legal representation beyond Dynamite Disposal, the allegations of Paragraph 7 are denied. 8. Denied. The allegations of Paragraph 8 are conclusions of law to which no response is required. To that extent an answer is deemed required, the allegations of Paragraph 8 are specifically denied. 9. Admitted. 10. Denied. The allegations of Paragraph 10 are conclusions of law to which no response is required. To that extent an answer is deemed required, the allegations of Paragraph 10 are specifically denied as Dynamite Disposal, Inc., leased equipment from Fred D. Thebes and Sons, Inc. 11. The allegations of Paragraph 11 are conclusions of law to which no response is required. To that extent an answer is deemed required, the allegations of Paragraph 11 are specifically denied. 2 12. The allegations of Paragraph 12 are conclusions of law to which no response is E required. To that extent an answer is deemed required, the allegations of Paragraph 12 are specifically denied. 13. The allegations of Paragraph 13 are conclusions of law to which no response is required. To that extent an answer is deemed required, the allegations of Paragraph 13 are specifically denied as no legal relationship existed by and between the Plaintiff, Fred D. Thebes, individually, Fred D. Thebes and Sons, Inc., and Christopher Thebes. 14. Admitted. 15. The allegations of Paragraph 15 are conclusions of law to which no response is required. To that extent an answer is deemed required, the allegations of Paragraph 15 are specifically denied as no legal contractual relationship existed by and between the Plaintiff, Fred D. Thebes, individually, Fred D. Thebes and Sons, Inc., and Christopher Thebes and thus, they are not jointly and severally liable. AFFIRMITIVE DEFENSES Plaintiff's claim is barred by the statute of frauds. Defendants hereby give notice that they intend to rely upon such other defenses as may become available or may appear during discovery in this case or otherwise and therefore reserve the right to amend this Answer to assert any such defenses. 3 WHEREFORE, for the aforementioned reasons, the Defendants request that this Honorable Court dismiss the Complaint, award Defendants' attorney's fees, and such other relief as this Honorable Court deems proper. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Date: 2007 By: Neil W er ahn Atto ey I.D o. 82278 P. OA 30 0 Hershey, PA 17033 (717) 533-3280 Attorney for Defendants 4 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendants KNIGHT & ASSOCIATES, P.C., and GREGORY H. KNIGHT, ESQUIRE Plaintiffs V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 1022 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of June, 2007, I, Neil Warner Yahn, Esquire, do hereby certify that I served a true and correct copy of the foregoing Answer and Affirmative Defenses upon the following by depositing the same in the U.S. Mail, first class postage pre-paid at Hershey, Dauphin County, Pennsylvania: SERVED UPON: Gregory H. Knight, Esquire Knight & Associates, P. C. 11 Roadway Drive, Suite B Carlisle, PA 17013 (717) 24#3313, Nei amen Yahn, Esquire Sub. Ct. I.D. 82278 F in { > SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KNIGHT & ASSOCIATES P C ET AL VS THEBES FREDERICK D ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: THEBES FREDERICK D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 9th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answer_ I Docketing 18.00 Out of County 9.00 Surcharge 10.00 Thomas Kline Dep Perry County 60.00 Sheriff of Cumberland County Postage 2.94 99. 94 ? 31X61b7. 03/09/2007 KNIGHT & ASSOCIATES Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KNIGHT & ASSOCIATES P C ET AL VS THEBES FREDERICK D ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT THEBES CHRISTOPHER R to wit: but was unable to locate Him deputized the sheriff of PERRY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 9th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So a ewe ,? Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Klin .- .00 Sheriff of Cumberland County „n 16.00 ? 3?'0 03/09/2007 KNIGHT & ASSOCIATES Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KNIGHT & ASSOCIATES P C ET AL VS THEBES FREDERICK D ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT DYNAMITE DISPOSAL INC but was unable to locate Them deputized the sheriff of PERRY to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 9th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answer Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kl' e .00 Sheriff of Cumberland County 00 16.00 ? 3?d?.'D'1 03/09/2007 KNIGHT & ASSOCIATES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KNIGHT & ASSOCIATES P C ET AL VS THEBES FREDERICK D ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT FRED D THEBES & SONS INC but was unable to locate Them deputized the sheriff of PERRY to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 9th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answ` Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas K1 - .00 Sheriff of Cumberland County .00 16.00 03/09/2007 KNIGHT & ASSOCIATES Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Knight & Associates PC VS. Frederick D. Thebes et al SERVE: Frederick D. Thebes No. 07-1022 civil o. Now, March 1, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, March 5 20 06 at 12: 30 o'clock _ P_ M. served the within Notice & Complaint upon Frederick D. Thebes at 3435 Cold .Storage Rd. New Bloomfield, PA 17068(Centre Twp) by handing to Chris Thebes, Def. Son and Person in Charge True & Attested Notice & Comp. a ? copy of the original and made known to Him the contents thereof. So answers, Margaret F. Flickinger r Deputy Sheriff Perry unty, PA COSTS Sworn and subs n ed befor SERVICE $ me this of 2047 MILEAGE AFFIDAVIT Bmnda. Al Bloomfield Boro:, Pe Co. 7, PA My Commleslor Exp)lms an: , 2008 In The Court of Common Pleas of Cumberland County, Pennsylvania Knight & Associates PC vs. Frederick D. Thebes et al SERVE: Christopher R. Thebes No. 07-1022 civil Now, March 1, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, March 5, within upon _ at Notice & Complaint 20 0 6, at 12 : 30 o'clock P M. served the Christopher R. Thebes 3435 Cold Storage Rd. New Bloomfield, PA 17068(Centre Twp) by handing to Christopher R. Thebes, Defendant a True & Attested and made known to Him the contents thereof. So answers, . Margaret F. Flickinger Deputy Sheriff of Perry C ty,PA Sworn and s bscribed befo e me this ay of , 20 copy of the original Notice & Comp. COSTS SERVICE _ MILEAGE _ AFFIDAVIT Bioomf?eld Boro„ Pei Co, PA My COmmissipn*Vlfea an7.2008 In The Court of Common Pleas of Cumberland County, Pennsylvania Knight & Associates PC vs. Frederick D. Thebes et al SERVE: Dynamite Disposal Inc No. 07-1022 civil Now, March 1, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service March 5, 20 06, at 12 : 30o'clock P M. served the Now, within Notice & Complaint upon Dynamite Disposal, Inc at 3435 Cold Storage Rd. New Bloomfield, PA 17068(Centre Twp) by handing to Christopher R. Thebes, Person in Charge a True & Attested and made known to Him copy of the original Notice & Comp. the contents thereof. So answers, Margaret F. Flickinger Deputy Sheriff o Perry C , PA Sworn and subscribed before me this _J?_ day of AJ 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT MR&J. Alb Bloomfield Boro., Per Co., PA My Commissloq.Experes all l; 2008 In The Court of Common Pleas of Cumberland County, Pennsylvania Knight & Associates PC VS. Frederick D. Thebes et al SERVE: Fred D. Thebes & Sons Inc No. 07-1022 civil Now, March 1, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, March 5, 5 20 06 ? at 12:30 o'clock P M. served the within Notice & Complaint upon Fred D. Thebes & Son, Inc.- at ' 3435 Cold Storage Rd. New Bloomfield, PA 17068(Centre twp) by handing to Christopher R. Thebes, Person in Charge a True & Attested and made known to copy of the original Notice & Comp Him the contents thereof. So answers, Margaret F. Flickinger Deputy Sheriff of Perry ty, PA Sworn and subscribed before me this day of 20011 COSTS SERVICE $ MILEAGE AFFIDAVIT $ 5W48 J. A1ftN eboftftm 80M. Pe Co. PA My CoMMM Expiraa Jan, f. 2005 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants MOTION TO COMPEL THE SCHEDULING OF DEPOSITIONS AND NOW, this -LA!!day of September, 2007, come the Plaintiffs, Knight & Associates, P.C., and Gregory H. Knight, Esquire, by and through their counsel, Gregory H. Knight, Esquire, to file a Motion to Compel the Scheduling of Depositions, in support of which Motion the following statements are made: 1. On or about February 20, 2007, Plaintiffs filed a Complaint with a Notice to Plead for breach of contract, specifically failure to pay legal fees for representation and advice by the Plaintiffs concerning several civil and administrative actions filed in 2006 against the Defendants by the Department of Environmental Protection (DEP) and later a criminal investigation by the Office of Attorney General. 2. On March 5, 2007, the Notice and Complaint were served upon all named Defendants. n 3. Shortly after Defendants were served, Neil W. Yahn, Esquire, contacted Plaintiffs' counsel to discuss the Notice and Complaint and to enter his appearance for all named defendants. 4. On April 13, 2007, Plaintiffs' counsel filed aNotice for Failure to Plead, pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. 5. On April 23, 2007, Defendants' counsel filed Preliminary Objections to Plaintiffs' Complaint. 6. On April 26, 2007, Plaintiffs' counsel filed an Answer to Defendants' Preliminary Objections. 7. On May 16, 2007, following the filing of a Praecipe to List and briefs by the parties, the Honorable Edgar B. Bayley and the Honorable Kevin A. Hess heard oral argument on the Preliminary Objections. 8. Immediately following the May 16, 2007 oral argument, Plaintiffs' counsel and Defendants' counsel agreed to schedule the depositions of named defendants after the Court issued an Order on the preliminary objections. 9. On May 21, 2007, Judge Bayley issued an Order dismissing Defendants' preliminary objections. 10. On or about June 4, 2007, Defendants' counsel filed an Answer and Affirmative Defenses for his clients. 11. Following receipt of Defendants' Answer and Affirmative Defenses, Plaintiffs' counsel made several unsuccessful attempts, including a June 13, 2007 letter, to reach Defendants' counsel to discuss depositions of the named defendants. 12. On June 26, 2007, Plaintiffs' counsel sent a letter to Defendants' counsel proposing dates in July 2007 for depositions of Frederick D. Thebes and Christopher R. Thebes. 13. On June 27, 2007 Defendants' counsel's agreed by email to schedule the depositions for July 26, 2007. 14. On June 28, 2007, Plaintiffs' counsel prepared and, by U.S. mail and facsimile, forwarded to Defendants' counsel Notices to take Deposition at 9:00 a.m. and 10:00 a.m. on July 26, 2007 for Frederick D. Thebes and Christopher R. Thebes, respectively. 15. In a cover letter with the Notices of Deposition, Plaintiffs' counsel also requested that Defendants' counsel amend the Answer and Affirmative Defenses filed on June 4, 2007 to include an Affidavit of Verification signed by a named defendant. See Exhibit 1. 16. On June 29, 2007, following an email request from Defendants' counsel that the depositions be rescheduled to July 27, 2007, Plaintiffs' counsel prepared and forwarded revised Notices to Take Deposition. See Exhibit 2. 17. On June 29, 2007, Defendant Frederick D. Thebes was arrested and preliminarily arraigned on felony and misdemeanor criminal charges filed against him by the Office of Attorney General for conduct related to the civil and administrative actions filed by DEP in 2006. 18. On or about July 5, 2007, Defendant Christopher R. Thebes was arrested and preliminarily arraigned on misdemeanor criminal charges filed against him by the Office of Attorney General for conduct related to the civil and administrative actions filed by DEP in 2006. 19. On July 23, 24, and 25, 2007, Plaintiffs' counsel returned voicemail messages from Defendants' counsel who had called to discuss the depositions and Plaintiffs' counsel included in his voicemails a statement that he would not be in the office on the afternoon of July 26. 20. On July 26, 2007, at 4:00 p.m. Defendants' counsel sent notice, by facsimile and U.S. mail, that he was "...cancelling the depositions scheduled for July 27, 2007"; that all related matters must by stayed until the Defendants had "...an opportunity to adjudicate the underlying criminal charges..."; and that he "...will file the appropriate motions." (EMPHASIS ADDED) See Exhibit 3. 21. On July 27, 2007, Defendants' counsel left Plaintiffs' counsel a voicemail, in which he stated that he was not aware of the criminal charges filed against his clients until July 20, 2007. 22. On August 9, 2007, Plaintiffs' counsel contacted Defendants' counsel by voicemail and facsimile concerning the status of the "appropriate motions" Defendants' counsel said he would file and Plaintiffs' counsel requested that such motions be filed as soon as possible. See Exhibit 4. 23. On August 13, 2007, Defendants' counsel called Plaintiffs' counsel and stated that he would not file the "appropriate motions" that he had previously referenced in writing and voicemail but Defendants' counsel requested, as a matter of professional courtesy, that Plaintiffs' counsel agree to stay all proceedings in the civil matter so that his clients could address the various criminal charges filed against them. 24. At the conclusion of the August 13, 2007 telephone conference, Plaintiffs' counsel stated he would not agree to Defendants' counsel's request, following which statement Defendants' counsel again stated that he would file the "appropriate motions" previously referenced. 25. On August 21, 2007, Plaintiffs' counsel sent a letter to Defendants' counsel, again requesting that Defendants' counsel file the appropriate motions and that he do so by August 31, 2007 or Plaintiffs' counsel would file an appropriate motion to move the litigation forward. See Exhibit 5. 26. On August 31, 2007 Defendants' counsel contacted Plaintiffs' counsel, by facsimile and U.S. mail, to request that Plaintiffs' counsel "...stay any of the additional proceedings without any formal motions filed to mitigate the traditional fees that will be incurred." See Exhibit 6. 27. As of the date of this motion, more than two months after Frederick Thebes and Christopher Thebes were arrested, Defendants' counsel has yet to file any "appropriate" motion to address his concern that Frederick Thebes and Christopher Thebes should not be deposed in this civil litigation. 28. The only relevant issues in this civil litigation are whether the Plaintiffs agreed to provide legal services to the Defendants; whether legal services were provided by the Plaintiffs; and whether the Defendants have paid invoices submitted by the Plaintiffs for those legal services. 29. Testimony at deposition by the named Defendants in this civil litigation will not violate any privilege, under state or federal law, against self-incrimination. 30. Rule 4007.3 of the Pennsylvania Rules of Civil Procedure states that "...methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other parties' discovery." 31. Plaintiffs' counsel has been unsuccessful in his attempts to informally resolve discovery differences with Defendants' counsel. 32. As required by Local Rule 208.3(a)(2), it is noted that the Honorable Edgar Bayley and the Honorable Kevin A. Hess have heard and decided preliminary objections filed by the Defendants in this litigation. See paragraph 9 above. 33. As required by Rule 2008.2(d), Plaintiffs' counsel states that he has not received nor requested the concurrence of opposing counsel, as Plaintiffs' counsel reasonably believes, based on his discussions with Defendants' counsel, that Defendants' counsel would not grant concurrence and because this motion is in the category of those motions, for example summary judgment, for which Rule 2008.2(d) does not require that counsel indicate that the concurrence of opposing counsel was sought and the response of said counsel. WHEREFORE, the Plaintiffs request that the Court issue an Order, in the form of the separately attached proposed Order, compelling Frederick D. Thebes and Christopher R. Thebes to appear for their depositions. Respectfully Submitted: KNUGHT & ASSOCIATES, P.C, 6 niv, 0-6? 14 11 nn ?` Grego H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. for 2007 H. KNIGHT, ESQUIRE, Plaintiffs V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants VERIFICATION CIVIL ACTION - LAW I verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: t Sd ?? 04.t„ Gregory H. Knight, Esquire Exhlblt 1 0 KNSGHT &ASSOCIATES P.C. Attorneys at law f June 28, 2007 i f, tT,S. MAIL dE FACSMMX L717-533-7771) Neil Yahn, Esquire James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, Pennsylvania 17033 RE: Knight & Associates, P.C., et al. v. Frederick D. Thebes, et al. Our File No. 3987.1 Dear Mr. Yahn: In accordance with our agreement, enclosed are Notices to Take Deposition for Frederick D. Thebes and Christopher R. Thebes. The Defendants' Answer and Affirmative Defenses did not have an Affidavit of Verification. Please amend that pleading with the required Verification. Sincerely, KNIGHT & ASSOCIATES, P.C. c Gregory H. Knight SMS/dmh Enclosures FAU*w FddaWffm 0=Wwk200M987-1ey.3.wpd 11 Roadway Drive Suite B Carlisle, PA 17015 ¦ 717-249-5373 717-249-0457 fax Exhibit 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants NOTICE TO TAKE DEPOSMON TO: CHRISTOPHER R. THEBES 3435 Cold Storage Road New Bloomfield, Pennsylvania 17068 c% Neil Yahn, Esquire AND NOW, pursuant to Pennsylvania Rule of Civil Procedure 4007.1(a), Notice is hereby given that the deposition of Christopher R. Thebes, will be taken by oral examination at the offices of Knight & Associates, P.C.,11 Roadway Drive, Suite B, Carlisle, Pennsylvania 17015, beginning at 10:00 a.m. on Friday, July 27, 2007, and to continue, with adjournments, if necessary, until completed. Pursuant to Pennsylvania Rule of Civil Procedure 4007.1(d)(1) and 4009. 1, Notice is also hereby given that Christopher R. Thebes is directed to bring with him any and all records he has concerning the subject matter of this litigation; any and all records he has concerning any and all defenses made by the Defendants in the above-referenced litigation; and any and all records he has concerning any and all Affirmative Defense raised or to be raised by the Defendants in the above- referenced litigation. Respectfully submitted, IGSUGHT & ASSOCIATES, P.C. Dated: June g 2007 r4AI Gregory-H. knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES,. CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants NOTICE TO TAKE DEPOSITION TO: FREDERICK D. THEBES 3435 Cold Storage Road New Bloomfield, Pennsylvania 17068 c/o Neil Yahn, Esquire AND NOW, pursuant to Pennsylvania Rule of Civil Procedure 4007.1(a), Notice is hereby given that the deposition of Frederick D. Thebes, will be taken by oral examination at the offices of Knight & Associates, P.C.,11 Roadway Drive, Suite B, Carlisle, Pennsylvania 17015, beginning at 9:00 a.m. on Friday, July 27, 2007, and to continue, with adjournments, if necessary, until completed. Pursuant to Pennsylvania Rule of Civil Procedure 4007.1(d)(1) and 4009.1, Notice is also hereby given that Frederick D. Thebes is directed to bring with him any and. all records he has concerning the subject matter of this litigation; any and all records he has concerning any and all defenses made by the Defendants in the above-referenced litigation; and any and. all records he has concerning any and all Affirmative Defense raised or to be raised by the Defendants in the above- referenced litigation. Respectfu ly submitted, KNIGHT & ASSOCIATES, P.C. (6-1AJ-) hf !-- Dated: June , 2007 Gregory H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No: 07-1022 Civil Term H. KNIGHT, ESQUIRE, . Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants CERTIFICATE OF SERYWE AND NOW, this V day of June, 2007, I, Gregory H. Knight, Esquire, hereby certify that I have this day served upon the following persons a copy of the foregoing Notices of Deposition for Frederick D. Thebes and Christopher R. Thebes, by first class, United States Mail, postage pre-paid, addressed as follows: Neil Warner Yahn, Esquire James, Smith, Dietterick, Connelly, LLP PO Box 650 Hershey, Pennsylvania 17033 Attorney for Defendants Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Gregory H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs Exhibit 3 JAMES Smmi DmTrFRKK & CONNELLY UY Neil W. Yalm Email: Nya_ misdc.com Fax No. 717.533.7771 July 26, 2007 P.O. BOX 650 HERSHEY, PA 17033 Courier Address: 134 SIPE U AVENUE VIA FACSIMILE to (717) 249-0457 and U.S. MAIL H MME E'ISTOWN, PA 170.96 TEL. 717.533.3280 Gregory H. Knight, Esquire W W W.JSDC.COM Knight & Associates, P. C. 11 Roadway Drive, Suite B t L Carlisle, PA 17015 t Re: Knight & Associates, P.C. and Gregory H. Knight, Esquire v Frederick D. Thebes, et al. Cumberland County Docket No. 07-1022 Cancellation of Thebes Depositions GARY L. JAMES - MAX J. SMITH, JR. ??--±+ Dear Greg: JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE Due to the criminal charges pending against Fred and Chris Thebes, counsel have advised MATTHEW CHAm, III SUSAN M. KADEL them to take the Fifth Amendment and therefore we are canceling the depositions N AN ANA M MNDE scheduled for Friday, July 27, 2007. Until we have an opportunity to adjudicate the Y? Y J NEIL W. YARN underlying criminal charges, we must stay all related matters and will file the appropriate COURTNEY K. Poweu ? L N motions. I will contact you at the earliest opportunity to discuss. Thank you for your E M. M ORMICK KAREN N. CONNELLY professional courtesy in this matter. JOHN M. HYAMS OF COUNSEL: Sincerely, GREGORY K. RICHARDS BERNARD A. RYAN, JR. JAM FS, SMITH, DIETTERICK & CONNELLY, LLP WarneAYahn /mgg Exhibit 4 TRANSMISSION VERIFICATION REPORT TI. 08/09/2007 16:19 KNIG T & ASSOCIATES FAX 7172490457 TEL 7172495373 DATE,TIME 08/09 16:18 FAX NO./NAME 5337771 DLRATION 00:00:25 P ( ) 01 T R 01< MODE STANDARD ECM KNU &Assgc ' pC. A>:omeys at Law August 9, 2007 Neil Yahn, Esquire James, Smith, Diettmick & Connelly, LI,P PO Box 650 Ham', Pennsylvania 17033 RE: Knight & A?-?P ?r ?, Frederick D Thy .+„ Our File No. 3987.1 Dear Mr. Yahn: Two weeks ago, on the afternoon before depositions scheduled for July 27, 2007, you sent me a letter by facsimile notifyiing me that you were "cancelling" the depositions of Fred Thebes and Christopher Thebes. Those depositions bad been scheduled since late June and followed several weeks of discussion to agree on the July 27 date. Within a day or two of our Weement to wbodnle the depositions for July 27, Fred Thebes surrendered and was =*aed on charges that bad been filed before we reached our wftn=rt. Christopher Thebes and Harvey Thebes were wnwed within a week of Fred Thebes' arraignment. Yet in Your July 26 letter, you said the "criminal charges pending" was the reason to cancel the depositions. In your July 26 letter you also stated that you "._.must stay all related matters and will file the appropriate motions." As of the date of this letter, no such motions have been filed. If they have been filed, a oopy must be sent to me immediately. If no such motions have been filed. I must ask that you do so as soon as possible. SiacAnoly, KNIGHT & ASSOCIATES, P.C. r;41 [jt- % SMS/dmh F1V,r iddaMire -M"74 Tmd1%&.AWA.w0 11 RpadWr ihlvc Sutra B Cadisla, PA 17015 Exhibit 5 r TRANSMISSION VERIFICATION REPORT TIME 08/22/2007 09:37 NAME KNIGHT & ASSOCIATES FAX 7172490457 TEL 7172495373 DATE,TIME FAX NQ./NAME 08/22 09:37 ON 5337771 PAGE(S) 80:00:22 RESULT 01 mom ST ANDARD ECM FFf KvKA-u&ASS0C7ArES P.C. Attomeys at Law August 21, 2007 MA U.S.MAZAFAU{I1 MI lTi7?33-7771) Neil Yahn, Esquire James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, Pennsylvania 17033 RE: MW & Associates. R .C., at v. Frederick 12 Thebes at al Our File No. 3987.1 Dear Mr. Yahn: On August 13, 2007, you called me to discuss a loiter I faked to you on August 9 regmrding the above-refereaced matter. In our eonveradon you asked that I agree to stay the civil complaint I filed for legal fees until the criminal cases against Fred Thebes and Chris Thebes are resolved. I refined to agree tD your request. We then discussed the defense motion to stay the proceedings in this case, as you had referenced in your July 26 letter. We talked briefly about the possibility of a monetary settlement offer from the defendants. To date I have remived neither. If that remains the case on August 31, 2007, I will file an appropriate motion to move the litigation forward. Sincerely, KNIGHT & ASSOCIATES, P,C. Gregory H. Knight SMS/dmh r*e.nnma„nc1Wmu„M-1I,ed, ba?err?s.,.ya 11 Roadway Drive Su[c¢ B Carlyle. PA 17015 Exhibit 6 August 31, 2007 JAMES S1vm DmTrERKK & CONNaLY LLP VIA FACSIMILE to (717) 249-0457 and U.S. MAIL Gregory H. Knight, Esquire Knight & Associates, P. C. 11 Roadway Drive, Suite B Carlisle, PA 17015 Neil W. Yalm Email: Nvahn(djsdc com fax No. 717.533.7771 Re: Knight & Associates, P.C. and Gregory H. Knight, Esquire v. Frederick D. Thebes, et al. Cumberland County Docket No. 07-1022 Rescheduling of Thebes Depositions P.O. BOX 650 HERSHEY, PA 17033 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.3280 W W W.JSDC. COM GARY L. JAMES SMITH, Dear Greg: JO J. NNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE It is our request that you please stay any of the additional proceedings without an y formal MATTHEW CHABAL, III SUSAN M. KADEL motions filed to mitigate the traditional fees that will be incurred, and also allowing our D JARAD W. MAN M D M client the ability to handle the criminal matters currently before them ONN ULLI ULLIN ONNA . NEIL W. YAHN . COURTNEY K. POWELL KIMBERLY A. BONNER With that said, I appreciate your cooperation in this matter and naturally if you have any KAREN NMCONNELLMICK , questions please do not hesitate to call me or in the alternative, Rich Wagner. JOHN M. HYAMS OF COUNSEL: GREGORY K. RICHARDS Thank you. BERNARD A. RYAN, JR. Sincerely, JAMES, SMITH, DIETTERICK & CONNELLY, LLP • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants CERTIFICATE OF SERVICE I hereby certify that I am this W day of September, 2007, causing a copy of the foregoing Motion to be served upon the following person in the manner indicated: By U.S. First Class United States Mail, postage pre-paid on: Neil Warner Yahn, Esquire PO Box 650 Hershey, Pennsylvania 17033 Attorney for Defendants Respectfully submitted, KNIGHT & ASSOCIATES, P.C. 6;? . 4- ?f . ?5 ( Gregory . Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs r-I KNIGHT & ASSOCIATES P.C. AND GREGORY H. KNIGHT, ESQUIRE, PLAINTIFF V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC, AND FRED D. THEBES & SONS, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1022 CIVIL TERM ORDER OF COURT AND NOW, this tok day of September, 2007, argument on the within motion to compel the scheduling of depositions shall be held with counsel in chambers at 8:45 a.m., Monday, October 1, 2007. Counsel are directed to appear and bring their scheduling books. 01 0 egory H. Knight, Esquire For Plaintiffs eil Warner Yahn, Esquire For Defendants :sal Lr) w'9 z3 ;rz Er- LLJ to CO CL 5 C= t? ( 0 KNIGHT & ASSOCIATES P.C. AND GREGORY H. KNIGHT, ESQUIRE, PLAINTIFF V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC, AND FRED D. THEBES & SONS, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1022 CIVIL TERM ORDER OF COURT AND NOW, this L5)n day of October, 2007, defendants having failed to appear on a motion to compel the scheduling of depositions, IT IS ORDERED that depositions shall be conducted in the office of Gregory H. Knight, Esquire, at 11 Roadway Drive, Suite B, Carlisle, Pennsylvania on Tuesday, October 16, 2007, as follows: Frederick Thebes at 9:00 a.m., Christopher Thebes at 10:00 a.m. Should either defendant fail to appear for these depositions plaintiffs shall immediately file for a sanction of judgment in favor of plaintiffs for the amount demanded. Xregory H. Knight, Esquire For Plaintiffs eil Warner Yahn, Esquire J For Defendants sal -'J LLJ c D :3 cL ?? ca I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants ORDER OF COURT AND NOW, this day of , 2007, summary judgment is hereby ordered against the all Defendants, jointly and severally, for all of Plaintiffs' claims. By the Court: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Tenn H. KNIGHT, ESQUIRE, Plaintiffs V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants CIVIL ACTION - LAW MOTION FOR SUMMARY JUDGMENT SP AND NOW, this 2-? day of November, 2007, come the Plaintiffs, Knight & Associates, P.C., and Gregory H. Knight, Esquire, by and through their counsel, Gregory H. Knight, Esquire, to file a Motion for Summary Judgment, in support of which Motion the following statements are made: 1. On or about February 20, 2007, Plaintiffs filed a Complaint with a Notice to Plead for breach of contract, specifically failure to pay legal fees for representation and advice by the Plaintiffs concerning civil and administrative actions filed in 2006 against the Defendants by the Department of Environmental Protection (DEP) and later a criminal investigation by the Office of Attorney General. 2. On March 5, 2007, the Complaint with the Notice were served upon all named Defendants. n 3. Shortly after Defendants were served, Neil W. Yahn, Esquire, contacted Plaintiffs' counsel to discuss the Complaint and to enter his appearance for all named defendants. 4. On April 13, 2007, plaintiffs' counsel filed a Notice for Failure to Plead, pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. 5. On April 23, 2007, Defendants' counsel filed Preliminary Objections to Plaintiffs' Complaint. 6. On April 26, 2007, Plaintiffs' counsel filed an Answer to Defendants' Preliminary Objections. 7. On May 16, 2007, the Honorable Edgar B. Bayley and the Honorable Kevin A. Hess heard oral argument on the Preliminary Objections. 8. On May 21, 2007, Judge Bayley issued an Order dismissing Defendants' preliminary objections. 9. On or about June 4, 2007, the Defendants' filed an Answer and Affirmative Defenses but, in violation of the Pennsylvania Rules of Civil Procedure, without an Affidavit of Verification. 10. On June 26, 2007, Plaintiffs' counsel sent a letter to Defendants' counsel proposing dates in July 2007 for depositions of Frederick D. Thebes and Christopher R. Thebes. 11. On June 27, 2007 Defendants' counsel's agreed by email to schedule the depositions for July 26, 2007. 12. On June 28, 2007, Plaintiffs' counsel prepared and, by U.S. mail and facsimile, forwarded to Defendants' counsel Notices to take Deposition at 9:00 a.m. and 10:00 a.m. on July 26, 2007 for Frederick D. Thebes and Christopher R. Thebes, respectively. 13. In a cover letter with the June 28, 2007 Notices of Deposition, Plaintiffs' counsel requested that Defendants' counsel amend the Answer and Affirmative Defenses filed on June 4, 2007 to include an Affidavit of Verification signed by a named defendant. See Exhibit 1. 14. On June 29, 2007, following an email request from Defendants' counsel, Plaintiffs' counsel agreed to reschedule the depositions to July 27, 2007 and he prepared and forwarded revised Notices to Take Deposition. See Exhibit 2. 15. On June 29, 2007, Defendant Frederick D. Thebes was arrested and preliminarily arraigned on felony and misdemeanor criminal charges filed against him by the Office of Attorney General for conduct related to the civil and administrative actions filed by DEP in 2006. 16. On or about July 5, 2007, Defendant Christopher R. Thebes was arrested and preliminarily arraigned on misdemeanor criminal charges filed against him by the Office of Attorney General for conduct related to the civil and administrative actions filed by DEP in 2006. 17. On July 26, 2007, at 4:00 p.m. Defendants' counsel sent notice, by facsimile and U. S. mail, that he was "...cancelling the depositions scheduled for July 27, 2007"; that all related matters must by stayed until the Defendants had "...an opportunity to adjudicate the underlying criminal charges..."; and that he "...will file the appropriate motions." (EMPHASIS ADDED) See Exhibit 3. 18. On July 27, 2007, Defendants' counsel sent Plaintiffs' counsel a voicemail, in which he stated that July 20, 2007 was the first date he was aware of the criminal charges filed against his clients. 19. On August 9, 2007, Plaintiffs' counsel contacted Defendants' counsel by voicemail and facsimile concerning the status of the "appropriate motions" Defendants' counsel said he would file and Plaintiffs' counsel requested that such motions be filed as soon as possible. See Exhibit 4. 20. On August 21, 2007, Plaintiffs' counsel sent a letter to Defendants' counsel, again requesting that Defendants' counsel file the appropriate motions and that he do so by August 31, 2007 or Plaintiffs' counsel would file an appropriate motion to move the litigation forward. See Exhibit 5. 21. On August 31, 2007 Defendants' counsel contacted Plaintiffs' counsel, by facsimile and U.S. mail, to request that Plaintiffs' counsel "...stay any of the additional proceedings without any formal motions filed to mitigate the traditional fees that will be incurred." See Exhibit 6. 22. As of September 17, 2007, almost three months after Frederick Thebes and Christopher Thebes were arrested, Defendants' counsel had not filed any "appropriate" motion to present his concern that Frederick Thebes and Christopher Thebes not be deposed in this civil litigation. 23. On September 14, 2007 Plaintiffs' counsel filed a Motion to Compel the Scheduling of Depositions. 24. On September 19, 2007 Judge Bayley issued an Order scheduling oral argument for October 1, 2007 in his chambers on the Plaintiffs' Motion to Compel the Scheduling of Depositions. 25. Following the October 1, 2007 oral argument, attended only by Plaintiffs' counsel, Judge Bayley issued an Order requiring the depositions of Fred and Chris Thebes on October 16, 2007 and included in his Order instruction that "should either defendant fail to appear for these depositions that plaintiffs shall immediately file for a sanction of judgment in favor of plaintiffs for the amount demanded." 26. On October 16, 2007 Fred and Chris Thebes appeared for their depositions in Plaintiffs' counsel's office. 27. Prior to his clients' depositions, Defendants' counsel proposed a settlement agreement in which he requested that Plaintiffs' counsel agree to reschedule the depositions. 28. Plaintiffs' counsel refused to reschedule the court ordered depositions, and rejected the settlement proposal but made a counter-offer that included a provision that the depositions be held, as ordered by the Court. 29. After further negotiations, the parties agreed to payment terms to settle the Plaintiffs' Complaint. 30. As part of the settlement agreement, the Defendants agreed to continue with the depositions and authorized their Counsel to recite the terms of the settlement agreement on the record, though each Defendant, on the record, exercised his Fifth Amendment rights as to any questions that would be asked by Plaintiffs' counsel. See pages 3 through 6 of the deposition transcript attached as Exhibit 7. 31. Plaintiffs' counsel specifically instructed each Defendant that the court-ordered depositions were for a civil, not criminal, case and that the questions would involve only the claims for legal fees. See pages 4 and 5 of Exhibit 7. 32. The conditions of the settlement agreement offered by the Defendants and their counsel and accepted by Plaintiffs' counsel, required a $4,000.00 payment by November 5 and a second and final payment of $10,000.00 on or before December 31, 2007 and Defendants' counsel, on the record, stated that he would complete a written settlement agreement to memorialize the parties agreement. See pages 3 through 6 of Exhibit 7. 33. A provision of the settlement agreement was that failure to comply with any term would allow the Plaintiffs to continue to pursue all claims detailed in Plaintiffs' Complaint. See page 4 of Exhibit 7. 34. Defendant Fred Thebes is an officer of Defendant Dynamite Disposal, Inc. and Defendant Fred Thebes and Chris Thebes are officers of Defendant Fred D. Thebes & Sons, Inc. and therefore Fred Thebes and Chris Thebes have sufficient legal authority to bind themselves and each of the corporate Defendants. 35. As of the date of this Motion for Summary Judgment, Defendants' counsel has not completed a written settlement agreement and Defendants failed to make the November 5 payment required by the settlement agreement, despite telephone calls and email, as yet unanswered, to defense counsel requesting status of the settlement agreement and the payments required b the y agreement. 36. The relevant issues in this civil litigation, all fully addressed and detailed in the Plaintiffs' Complaint, are whether the Plaintiffs agreed to provide legal services to the Defendants; whether legal services were provided by the Plaintiffs; and whether the Defendants have aid p invoices submitted by the Plaintiffs for those legal services. 37. Testimony on the relevant issues at deposition by the named Defendants would not violate any privilege, under state or federal law, against self-incrimination. 38. The Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to the probative evidence offered against them." See Baxter v. Palmigiano, 425 U.S. 308, 218; 96 S.Ct. 1557, 1558 (1976). 39. A party's failure to testify in a civil proceeding can give rise to an inference of fact that the non-testifying party's testimony would have been adverse or unfavorable to him. See Scott v. Commonwealth of Penns lvania, 730 A.2d 539 (1999). 40. A party's failure to testify to facts within his, her, or its presumed knowledge permits an inference that can erase the equivocal nature of other evidence related to a disputed fact. See Scott v. Commonwealth of Penns lvania, 730 A.2d 539 (1999). 41. Defendants' preliminary objections to Plaintiffs' Complaint have been dismissed and Defendants' failure to provide a verified answer to the Plaintiffs' Complaint raises an inde endent p and compelling inference against the Defendants and favorable to the Plaintiffs. 42. The pleadings defined by Rule 1035.1 of the Pennsylvania Rules of Civil Procedure are closed and the Plaintiffs may now move for summary judgment as there is no genuine issue of any material fact as to a necessary element of the Plaintiffs' cause of action or any defense which has been raised by the Defendants which could be established by additional discovery or expert report. 43. As required by Local Rule 208.3(a)(2), it is noted that Judge Bayley and Judge Hess have heard and decided preliminary objections filed by the Defendants and Judge Bayley has issued an Order requiring that the Defendant be deposed on October 16, 2007. See paragraphs 7,8, and 24 above. 44. As required by Rule 2008.2(d), Plaintiffs' counsel states that he has not received nor requested the concurrence of opposing counsel, as Plaintiffs' counsel reasonably believes, based on his discussions with Defendants' counsel, that Defendants' counsel would not grant concurrence and because this motion is in the category of those motions for which Rule 2008.2(d) does not require that counsel indicate that the concurrence of opposing counsel was sought nor the response of said counsel. WHEREFORE, the Plaintiffs request that the Court grant an Order, in the form of the separately attached proposed Order, against the Defendants. Respectfully Submitted: IGHT & ASSOCIATES, P.C. Gregory H. ght, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY H. KNIGHT, ESQUIRE, NO for 2007 Plaintiffs V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants CIVIL ACTION - LAW VERIFICATION I verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. Date: Z ( t vwt'. 6., UC9 Gregory Z ght, Esquire Exhibit 1 KNIGHT &-ASSOCIATES P.C. Attorneys at Law June 28, 2007 VTA U.S. MAIL & FACSII M E (717-533-7771) Neil Yahn, Esquire James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, Pennsylvania 17033 RE: Knight & Associates P.C., et al v Frederick D Thebes et al Our File No. 3987.1 Dear Mr. Yahn: In accordance with our agreement, enclosed are Notices to Take Deposition for Frederick D. Thebes and Christopher R. Thebes. The Defendants' Answer and Affirmative Defenses did not have an Affidavit of Verification. Please amend that pleading with the required Verification. Sincerely, KNIGHT & ASSOCIATES, P.C. c II 4,(c Gregory H. Knight SMS/dmh Enclosures FAUser Folder\Ftrm D0CS\CMdtr200T3987-1 q.3mpd 11 Roadway Drive Suite B Carlisle, PA 17015 717-249-5373 717-249-0457 fax Exhibit 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. : CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants NOTICE TO TAKE DEPOSITION TO: CHRISTOPHER R. THEBES 3435 Cold Storage Road New Bloomfield, Pennsylvania 17068 c/o Neil Yahn, Esquire AND NOW, pursuant to Pennsylvania Rule of Civil Procedure 4007.1(a), Notice is hereby given that the deposition of Christopher R. Thebes, will be taken by oral examination at the offices of Knight & Associates, P.C.,11 Roadway Drive, Suite B, Carlisle, Pennsylvania 17015, beginning at 10:00 a.m. on Friday, July 27, 2007, and to continue, with adjournments, if necessary, until completed. Pursuant to Pennsylvania Rule of Civil Procedure 4007.1(d)(1) and 40G9. 1, Notice is also hereby given that Christopher R. Thebes is directed to bring with him any and all records he has concerning the subject matter of this litigation; any and all records he has concerning any and all defenses made by the Defendants in the above-referenced litigation; and any and all records he has concerning any and all Affirmative Defense raised or to be raised by the Defendants in the above- referenced litigation. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. y Dated: June 29, 2007 Gregory-H. 'ght, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY : H. KNIGHT, ESQUIRE, No. 07-1022 Civil Term Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES,. CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants NOTICE TO TAIV DEPOSITION TO: FREDERICK D. THEBES 3435 Cold Storage Road New Bloomfield, Pennsylvania 17068 c/o Neil Yahn, Esquire AND NOW, pursuant to Pennsylvania Rule of Civil Procedure 4007.1(a), Notice is hereby given that the deposition of Frederick D. Thebes, will be taken by oral examination at the offices of Knight & Associates, P.C., I I Roadway Drive, Suite B, Carlisle, Pennsylvania 17015, beginning at 9:00 a.m. on Friday, July 27, 2007, and to continue, with adjournments, if necessary, until completed. Pursuant to Pennsylvania Rule of Civil Procedure 4007.. 1(d)(1) and 4009. 1, Notice is also hereby given that Frederick D. Thebes is directed to bring with him any and all records he has concerning the subject matter of this litigation; any and all records he has concerning any and all defenses made by the Defendants in the above-referenced litigation; and any and. all records he has concerning any and all Affirmative Defense raised or to be raised by the Defendants in the above- referenced litigation. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Dated: June '7C) , 2007 '? • rC Gregory H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No: 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants CERTMCATE OF SERVICE AND NOW, this 7day of June, 2007, I, Gregory H. Knight, Esquire, hereby certify that I have this day served upon the following persons a copy of the foregoing Notices of Deposition for Frederick D. Thebes and Christopher R. Thebes, by first class, United States Mail, postage pre-paid, addressed as follows: Neil Warner Yahn, Esquire James, Smith, Dietterick, Connelly, LLP PO Box 650 Hershey, Pennsylvania 17033 Attorney for Defendants Respectfully submitted, KNIGHT & ASSOCIATES, P.C. (? - le l43 K?U? Gregory H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs Exhibit 3 JAMES SMmi DI TrMCK & CONNELLY LLP Neil W. Yahn Email: Nyahn(niisdc.com Fax No. 717.533.7771 July 26, 2007 VIA FACSIMILE to (717) 249-0457 and U.S. MAIL Gregory H. Knight, Esquire Knight & Associates, P. C. 11 Roadway Drive, Suite B Z V7 Carlisle, PA 17015 Re: Knight & Associates, P.C. and Gregory H. Knight, Esquire v. Frederick D. Thebes, et al. Cumberland County Docket No. 07-1022 Cancellation of Thebes Depositions Dear Greg: Due to the criminal charges pending against Fred and Chris Thebes, counsel have advised them to take the Fifth Amendment and therefore we are canceling the depositions scheduled for Friday, July 27, 2007. Until we have an opportunity to adjudicate the underlying criminal charges, we must stay all related matters and will file the appropriate motions. I will contact you at the earliest opportunity to discuss. Thank you for your professional courtesy in this matter. Sincerely, JAWS, SMITH, DIETTERICK & CONNELLY, LLP N64 WainerlYalin P.O. BOX 650 HERSHEY, PA 17033 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.3280 W W W.JSDC. COM GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIE17ERICK JAMES F. SPADE MATTHEW CHABAL, III SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN NEIL W. YAHN COURTNEY K. POWELL KIMBERLY A. BONNER JEFFREY M. MCCORMICK KAREN N. CONNELLY JOHN M. HYAMS OF COUNSEL: GREGORY K. RICHARDS BERNARD A. RYAN, JR. Exhibit 4 TRANSMISSION VERIFICATION REPORT TIME 08/09/2007 16:19 NAME KNIGHT & ASSOCIATES FAX 7172490457 TEL 7172495373 DATE,TIME 08/09 16:18 FAX N0./NAME 5337771 DURATION 00:00:25 PAGE(S) 01 RESULT OK MODE STANDARD ECM T &ASK)crATES PC. Attorneys at Law August 9, 2007 V U.S. MAIL e, FAC??? ('717-533 77711 Neil Yahn, Esquire James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, Pennsylvania 17033 1ZE: t & Asso 'ate P et at v Frederick D. Thebes?et a . Our File No. 3987.1 Dear Mr. Yahn: Two weeks ago, on the afternoon before depositions scheduled for July 27, 2007, you sent me a letter by facsimile notifying me that you were "cancelling" the depositions of Fred Thebes and Christopher Thebes. Those depositions had been scheduled since late June and followed several weeks of discussion to agree on the July 27 date. Within a day or two of our agreement to schedule the depositions for July 27, Fred Thebes surrendered and was arraigned on charges that had been filed before we reached our agreement, Christopher Thebes and Harvey Thebes were arraigned within a week of Fred Thebes, arraignment. Yet in your July 26 letter, you said the "criminal charges pending" was the reason to cancel the depositions. In your July 26 letter you also stated that you "._.must stay all related matters and will We the appropriate motions." As of the date of this letter, no such motions have been filed. If they have been filed, a copy must be sent to me immediately. If no such motions have been filed, I must ask that you do so as soon as possible. Sincerely, KNIGHT & ASSOCIATES, P.C. Gregory H. Knight SMS/dmh P11:eer PddMFm* n.vj. v='MM-1 Fred T b-* 4.-Vd 11 Roadway Drivc SuIr6 B Carlisle, PA 17015 Exhibit 5 FT RANSMISSION VERIFICATION REPORT TIME 08/22/2007 09:37 NAME KNIGHT & ASSOCIATES FAX 7172490457 TEL 7172495373 DATE,TIME FAX N0./NAME DURATION PAGE(S) RESULT MODE 08/22 09:37 5337771 00:00:22 01 OK STANDARD ECM NIGHT &ASS0CTATES P.C. Attomeys at Law August 21, 2007 VIA U.& MAIL & FACSI1Vi LE (717-533-7771) Neil Yabn, Esquire James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, Pennsylvania 17033 RE: Knfight & Associates. P.C.. et al. v. Frederick D. Thebes. et al. Our File No. 3987.1 Dear Mr. Yahn: On August 13, 2007, you called me to discuss a letter I faxed to you on August 9 regarding the above-referenced matter. In our conversation you asked that I agree to stay the civil complaint I filed for legal fees until the criminal cases against Fred Thebes and Chris Thebes are resolved. I refused to agree to your request. We then discussed the defense motion to stay the proceedings in this case, as you had referenced in your July 26 letter. We talked briefly about the possibility of a monetary settlement offer from the defendants. To date I have received neither. If that remains the case on August 31, 2007, I will file an appropriate motion to move the litigation forward. Sincerely, KNIGHT & ASSOCIATES, P.C. Gregory H. Knight SMS/dmh F,1lJurFddWPomllocsVCmIK100T19B7-I RW Tb&W..yeM.S."d 11 Roadway Drive Suite B Carlisle. PA 17015 Exhibit 6 kNES SWM DM rMCC & CONNELLY LLP Neil W. ya1111 Email: Nyahn(a' jsdc.com Fax No. 717.533.7771 August 31, 2007 VIA FACSIMILE to (717) 249-0457 and U.S. MAIL Gregory H. Knight, Esquire Knight & Associates, P. C. 11 Roadway Drive, Suite B Carlisle, PA 17015 I. A R' O I f 1 (C I: S JBOX 650 HERSHEY, PA 17033 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, pA 17035 TEL. 717.533.3280 W W W.JSDC. COM Re: Knight & Associates, P.C. and Gregory H. Knight, Esquire v. Frederick D. Thebes, et al. Cumberland County Docket No. 07-1022 Rescheduling of Thebes Depositions Dear Greg: GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE It is our request that you please stay any of the additional proceedings without any formal S MATTHEW CHABAL, III USAN M. KADEL motions filed to mitigate the traditional fees that will be incurred, and also allowing Our JARAD W.HANDELMAN client the ability to handle the criminal matters currently before them. g DONNA EY K. PO M. MULLIN NEIL W. YAHN COURTNEY K. POWELL KIMBERLY A. R With that said, I appreciate your cooperation in this matter and naturally, if you have any KAREN N. CONNELLY JEFFREY M. MCCORMICK questions please do not hesitate to call me or in the alternative, Rich Wagner. JOHN M. HYAMS Thank you. OF COUNSEL: GREGORY K. RICHARDS BERNARD A. RYAN, JR. Sincerely, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Exhibit 7 1 1 KNIGHT & ASSOCIATES, P.C. IN THE COURT OF COMMON PLEAS and GREGORY H. KNIGHT, CUMBERLAND COUNTY, PENNSYLVANIA 2 ESQUIRE, Plaintiffs 3 V. NO. 07-1022 4 . FREDERICK D. THEBES, 5 CHRISTOPHER R. THEBES, CIVIL ACTION - LAW DYNAMITE DISPOSAL, INC. 6 and FRED D. THEBES & SONS,: Defendants JURY TRIAL DEMANDED 7 8 COPY 9 DEPOSITIONS OF: FREDERICK D. THEBES and CHRISTOPHER R. THEBES 10 TAKEN BY: Plaintiff 11 BEFORE: Jennifer L. Sirois, Court 12 Reporter, Notary Public 13 DATE: October 16, 2007, 10:00 a.m. 14 PLACE: Knight & Associates, P.C. 11 Roadway Drive 15 Carlisle, Pennsylvania 16 17 18 19 APPEARANCES: 20 KNIGHT & ASSOCIATES, P.C. BY: GREGORY H. KNIGHT, ESQUIRE 21 FOR - PLAINTIFF 22 JAMES, SMITH, DIETTERICK & CONNELLY, LLP BY: NEIL W. YARN, ESQUIRE 23 FOR - DEFENDANTS 24 25 INDEPENDENT COURT REPORTING P.O. Box 985 • Carlisle, PA 17013 • Phone 717-960-1001 • Fax 717-960-1002 www.ICR-Office.com ICR-Office@comcast.net 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDEX TO TESTIMONY DEPONENT EXAMINATION Frederick D. Thebes By Mr. Knight Christopher R. Thebes By Mr. Knight INDEX TO EXHIBITS NO. DESCRIPTION (None.) PAGE 7 8 PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E is 2( 21 2L 2: 24 2 MR. KNIGHT: Mr. Yahn, we're here today. I see that you have your two clients with you, Fred Thebes -- two of your clients -- Fred Thebes and Chris Thebes here today. They were ordered to be here by Judge Bayley for depositions. It's my understanding, from a conversation you and I had earlier today, that you have a proposal -- you've made a proposal to me. I've accepted it in principle, and we agreed, as part of that, that you would detail the conditions on the record of a mutual general release of all claims either party has or may have against each other and your clients will be instructed, or you will state that you have instructed your clients to take the 5th Amendment as to any questions I would ask today. Do I understand our discussion correctly? MR. YAHN: You do. I'm just going to clarify for the record that the caption is Knight and Associates and on behalf of the PC and on behalf of you individually as the plaintiffs in the matter filed Caption No. 07-1022 against Fred D. Thebes and Sons, Inc., Dynamite Disposal and Christopher R. Thebes and Fred D. Thebes, each of them individually, that this is a mutual release and settlement encompassing all of the individuals and/or corporations referenced with regards to the action that you filed. As I understand, based on our discussion, 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there's going to be $4, thousand paid within 20 days from the date hereof with the balance then, ultimately an additional $10 thousand to be paid on or before the close of the calendar year, specifically December 31st, 2007, with that for a total payment of $14 thousand. In the events that payment is not made, the amounts then -- strike that -- there will be -- you have your full right and authority to continue then the caption litigation, and you will hold it at bay until the close of the calendar year. In the event it is paid, you will then file -- off the record. (Discussion held off the record.) MR. YARN: That you will withdraw this matter with prejudice in the, also in the event that both parties referenced above, that being the defendants, will be responsible for the moneys to be paid. And in the event it is not paid, you have the ability to pursue the original claims as set forth in the original claim. The settlement today is not an admission of guilt or culpability with regards to any of the parties, nor is it a concession with regards to any of their rights or valid defenses that they can later use in the event that the litigation's continued. MR. KNIGHT: But they are taking the 5th today, correct? 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2- 24 2` MR. YARN: That is correct. MR. KNIGHT: And you are going to prepare a document on or before November 1 for my review of the conditions about which we've talked this morning? MR. YARN: That's right. We will draft a mutual release consistent with the discussions today. MR. KNIGHT: Mutual general release, and to repeat what you said -- I think it's repeating -- then all parties in the matter docketed at the number you indicated, 07 -- in Cumberland County, 07-1022, will be covered by the terms of the release? MR. YARN: That's right. I would also like to add that there will be a mutual confidentiality agreement put into place. Even though it's understood with regards to the attorney/client privilege, we would still add into the clause of the mutual release of confidentiality provision. MR. KNIGHT: And there was also a -- fine. There was also a provision about additional responsibilities should there be any effort made by any entity to seek repayment from me of any funds. MR. YAHN: Well, that's right, but I think that's addressed,in the joint clause, and I've explained to both Chris and Fred the impact of our office representing the both of them at this proceeding and the likely defenses 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that each may have. Put another way, Chris may have defenses, where if he's ultimately the one holding the assets that are, you would likely ultimately pursue, that we fully made him aware that he may have different defenses than that of, whether it be Fred D. Thebes or himself individually, than that of his father. MR. KNIGHT: And he has waived that -- MR. YARN: That's right. MR. KNIGHT: -- conflict? And he understands -- again, I want to make this crystal clear -- that if any entity, for example, DEP, wants to come back on any funds I am paid out of this agreement, that the parties will be responsible to make up that difference? MR. YAHN: That's right. MR. KNIGHT: Okay. Fine. I'd like your clients to be sworn in, and then I'll ask them a question and you can direct them. MR. YARN: Yep. FREDERICK D. THEBES, called as a witness, being duly sworn, was examined and testified as follows: CHRISTOPHER R. THEBES, called as a witness, 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 being duly sworn, was examined and testified as follows: MR. KNIGHT: I'll start with Fred Thebes. EXAMINATION BY MR. KNIGHT: Q. Fred, you're here for purposes of a deposition. Do you understand that? A. Yes. Q. And you've heard the statements that have been made by me and your attorney, Neil Yahn, earlier today? A. Yes. Q. Is it your intent to take the 5th Amendment as to any and all questions I would ask you today in this deposition? A. Yes. Q. And you understand these would be questions, in my opinion, that are related to the civil litigation. You understand that? A. Yes. Q. Pardon me? A. Yes. MR. KNIGHT: Mr. Yahn, if you have so instructed him, would you please concur that he understands your instructions? MR. YARN: He understands my instructions. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Consistent with that, we've advised the client not to answer any questions premised upon his right not to incriminate himself under the 5th Amendment pending the adjudication of the other claims, but also in consideration of the mutual release and the settlement discussions that we had today. MR. KNIGHT: All right. We'll proceed to Chris Thebes. EXAMINATION BY MR. KNIGHT: Q. Mr. Thebes, Chris, you've been here. You've listened to the conversation that I've had with Mr. Yahn and the information put on the record, haven't you? A. Yes. Q. And you heard the series of questions I asked your father, Fred Thebes? A. Yes. Q. I'm going to ask you, I hope what is, if not verbatim, real close to the same questions. Do you understand your instructions from your attorney not to answer any questions I may ask you today for this court-ordered deposition? A. Yes. Q. And you understand that the questions I would be asking you are concerning the civil litigation filed in 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 Cumberland County Court of Common Pleas and docketed at 07-1022? A. Yes. Q. And is your intent to follow instructions that have been given you by Mr. Yahn as to the 5th Amendment? A. Yes. MR. KNIGHT: And, Mr. Yahn, would you please repeat those instructions as you did with Fred Thebes? MR. YARN: Chris, you understand that I've advised you that you're going to be taking the 5th so as to not incriminate yourself and not answer any questions given the current matters pending before the Attorney General Office and the Pennsylvania Department of Environmental Protection; and with that, I've advised you not to answer any questions, and you understand that, correct? MR. CHRISTOPHER THEBES: Yes. MR. KNIGHT: No further questions, gentlemen. (The deposition was concluded at 10:06 a.m.) 2- 24 2` 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I, JENNIFER L. SIROIS, a Court Reporter-Notary Public authorized to administer oaths and take depositions in the trial of causes, and having an office in Carlisle, Pennsylvania, do hereby certify that the foregoing is the testimony of FREDERICK D. THEBES and CHRISTOPHER R. THEBES. I further certify that before the taking of said deposition the witness was duly sworn; that the questions and answers were taken down stenotype by the said Reporter-Notary to the best of her ability, approved and agreed to, and afterwards reduced to computer printout under the direction of said Reporter. I further certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto inscribed my hand this 8th day of Novel Y/, 20 V. Jennifer H ?de?N? LVANOA No t awn T RIA SEAL Public IR Notary JE IFE Cumbedand county East Pe 229.- _? Lnims June___,_____ -0- 10:14 civil [3] 1:5; event [4] 4:10, hope [1] 8:18 again [11 6:11 7:17; 8:25 - D - 14, 16, 22 00 [1] 1:13 against [2] claim [1] 4:18 events [1] 4:6 I - 06 [1] 9:18 3:11, 20 claims [3] 3:10; date [2) 1:13; evidence [1] 07 [1] 5:10 agreed [2] 3:8; 4:18; 8:4 4:2 10:17 impact [1] 5:24 07-1022 [4) 1:3; 10:14 clarify [1] 3:16 day [1] 10:21 examination [3] inc [2] 1:5; 3:19; 5:10; 9:2 agreement [2] clause [2] 5:16, days [1] 4:1 2:2; 7:4; 8:9 3:20 5:13; 6:13 23 december [1] examined [2] incriminate [2) 1 - amendment [4] clear [1] 6:12 4:4 6:23; 7:1 8:3; 9:11 3:13; 7:12; 8:3; client [2] 5:15; defendants [3] example [1] index [2] 2:1, 1 [1] 5:3 9:5 8:1 1:6, 23; 4:15 6:12 11 10 [3] 1:13; amounts [1] clients [5] 3:2, defenses (4] exhibits [1] indicated [t] 4:3; 9:18 4:7 3, 11, 13; 6:17 4:22; 5:25; 6:2, 2:11 5:9 11 [1) 1:14 answer [4] 8:2, close [3] 4:3,9; 5 explained [1] individually [3) 14 [11 4:5 21; 9:11,14 8:19 demanded [1) 5:23 3:18, 22; 6:6 16 [1] 1:13 answers [1] common [2] 1:6 individuals (1] 10:12 1:1; 9:1 dep [1] 6:12 - F - 3:23 -2- appearances commonwealth department [1) information [11 [11 1:19 [1] 10:1 9:13 father [2] 6:7; 8:13 20 [1) 4:1 approved [1] computer [1] deponent [1) 8:16 inscribed [1] 2007 [3] 1:13; 10:13 10:14 2:2 file [1] 4:11 10:21 4:4; 10:21 ask [5] 3:14; concerning [1] deposition [6] filed [3] 3:19, instructed [3] 6:18; 7:13; 8:25 7:6, 14; 8:22; 24; 8:25 3:12,13; 7:22 -3- 8:18,21 concession [1] 9:18; 10:11, 18 fine [2] 5:18; instructions [5] asked [1] 8:15 4:21 depositions [3] 6:17 7:24, 25; 8:20; 31st [1] 4:4 asking [1] 8:25 concluded [1] 1:9; 3:5; 10:6 follow [1] 9:4 9:4, 8 assets [1] 6:3 9:18 description [1] follows [2] intent [2) 7:12; -4- associates [4] concur [11 7:23 2:12 6:23; 7:1 9:4 1:1, 14, 20; 3:17 conditions [2] detail [1] 3:9 foregoing [1] 4 [1] 4:1 attorney [4] 3:9; 5:4 dietterick [1] 10:8 _J_ 5:15; 7:10; confidentiality 1:22 forth [1) 4:18 -6- 8:20; 9:12 [2) 5:13,16 difference (1 ] fred [11] 1:6; james [1 ] 1:22 authority [1] conflict [1] 6:15 3:2, 3, 20, 21; joint [1] 5:23 5th [6] 3:13; 4:8 6:10 different [1] 6:5 5:24; 6:6; 7:3, judge [11 3:4 4:24; 7:12; 8:3; authorized [1] connelly [1) direct [1] 6:19 6; 8:16; 9:8 jury [1] 1:6 9:5,10 10:5 1:22 direction [1] frederick [5] aware [1] 6:5 consideration 10:15 1:4, 9; 2:3; - K - - 7 - [1) 8:4 discussion [3) 6:22; 10:8 -B- consistent [2] 3:15, 25; 4:12 full [1] 4:8 knight [23] 1:1, 7 [1] 23 5:6; 8:1 discussions [2) fully [2) 6:4; 14, 20; 2:3, 4; back [1] 6:13 contained [1] 5:6; 8:5 10:17 3:1, 17; 4:24; -8- balance [1] 4:2 10:17 disposal [2] funds [2] 5:21; 5:2, 7, 18; 6:8, based [1] 3:25 continue [1] 1:5; 3:20 6:13 10, 17; 7:3 5 8 [1] 2:4 bay [1] 4:9 4:8 docketed [2] further [3] 9:17; , , 22; 8:7, 10; 9:7 8th (1] 10:21 bayley [1] 3:4 continued [1) 5:9; 9:1 10:10,16 , 17 behalf [2] 3:18 4:23 document [1) -A- best [1) 10:13 conversation 5:3 - G - -L- both [3] 4:14; [2] 3:5; 8:12 draft [1] 5:5 ability [2] 4:17; 5:24, 25 copy (1] 10:18 drive [1] 1:14 general [3] later [1] 4:22 10:13 corporations duly [3] 6:23; 3:10; 5:7; 9:12 law [1] 1:5 above [1] 4:15 - C - [1] 3:23 7:1; 10:11 gentlemen [1] likely [2] 5:25; accepted I1) correct [4] dynamite [2) 9:17 6:4 3:8 c [3] 1:1,14,20 4:25; 5:1; 9:15; 1:5; 3:20 gregory [2] 1:1, listened Ill accurately [1] calendar [2] 10:19 20 8:12 10:17 4:4.10 correctly [1] - E - guilt [1] 4:20 litigation [3] action [2] 1:5; called [2] 6:22, 3:15 4:9; 7:17; 8:25 3:24 25 county [4] 1:1; each [3] 3:11, - H - litigation's [1] add [2] 5:13,15 caption [3] 5:10; 9:1; 10:2 21; 6:1 4:23 additional [2] 3:17,19; 4:8 court [4] 1:1, earlier [2] 3:6; h [2] 1:1, 20 4:3; 5:19 carlisle [2] 11; 9:1; 10:4 7:10 hand [1] 10:21 - M - addressed Ill 1:15; 10:7 court-ordered effort [1 ] 5:20 heard [2] 7:9; 5:23 causes [1) 10:6 [1] 8:22 either [1] 3:10 8:15 matter (3) 3:19; adjudication [1] certify [3] 10:7, covered Ill encompassing held [1] 4:12 4:13; 5:9 8:4 10,16 5:10 [1] 3:23 hereby [1] 10:7 matters Ill administer Ill chris [6] 3:3; crystal [1) 6:11 entity [2] 5:21; hereof [1] 4:2 9:12 10:5 5:24; 6:2; 8:7, culpability [1] 6:12 hereunto [1] moneys [1] admission [1] 11; 9:9 4:20 environmental 10:20 4:16 4:19 christopher [7] cumberland [4) [1] 9:13 himself [2] 6:6; morning [1] 5:4 advised [3] 8:1; 1:5, 9; 2:4; 1:1; 5:10; 9:1; esquire [3] 1:2, 8:3 mutual [7] 9:10,14 3:21; 6:25; 10:2 20,22 hold [1] 4:9 3:10, 22; 5:5 7 afterwards [1] 9:16; 10:9 current [1] 9:12 even [1] 5:14 holding [1] 6:3 , , 13,16; 8:5 -N- neil [2] 1:22; 7:10 none [11 2:13 nor [1] 4:21 notary [2] 1:12; 10:24 notes [1] 10:17 november [2] 5:3; 10:21 number [1] 5:9 -O- oaths [1] 10:5 october Ill 1:13 office [3] 5:24; 9:13; 10:7 one [1] 6:3 opinion [1] 7:17 ordered [1] 3:4 original [2] 4:17,18 _p_ page [2] 2:2.12 paid [6] 4:1, 3, 10, 16,17; 6:13 pardon [1] 7:20 part [1] 3:9 parties [4] 4:14, 20; 5:9; 6:14 party [1] 3:11 payment [2] 4:5, 6 pc [1] 3:18 pending [2] 8:3; 9:12 pennsylvania [5] 1:1, 15; 9:13; 10:1, 7 place [2] 1:14; 5:14 plaintiff [2] 1:10, 21 plaintiffs [2] 1:2; 3:19 pleas [2] 1:1; 9:1 please [2] 7:23; 9:7 prejudice [1) 4:14 premised [1] 8:2 prepare [1] 5:2 principle Ill 3:8 printout Ill 10:14 privilege Ill 5:15 proceed [1] 8:7 proceeding [1J 5:25 proceedings [1] 10:16 proposal [2] 3:7 protection [1] 9:14 provision [2] 5:17.19 public [3] 1:12; 10:5, 24 purposes [1] 7:6 pursue [2] 4:17; 6:4 _Q_ question Ill 6:18 questions [12] 3:14; 7:13, 16; 8:2, 15, 19, 21, 24; 9:11, 15,17; 10:12 -R- real [1] 8:19 record [5] 3:10, 17; 4:11, 12; 8:13 reduced [1] 10:14 referenced [2] 3:24; 4:15 regards [4] 3:24; 4:20, 21; 5:14 related [1] 7:17 release [7] 3:10, 22; 5:6, 7, 11, 16; 8:5 repayment [1 ] 5:21 repeat [2] 5:8; 9:8 repeating [1] 5:8 reporter [2] 1:12; 10:15 reporter-notary [2] 10:5,13 representing [1] 5:24 responsibilities [1] 5:20 responsible [2] 4:16; 6:14 review [1] 5:3 right [8] 4:8; 5:5, 12, 22; 6:9, 16; 8:2, 7 rights [1] 4:21 roadway Ill 1:14 _S_ seek [1] 5:21 series [1] 8:15 set [1) 4:18 settlement [3] 3:22; 4:19; 8:5 sirois [3] 1:11; 10:4, 23 smith [1] 1:22 sons [2] 1:6; 3:20 specifically [1] 4:4 start [1] 7:3 state [1] 3:12 statements [1) 7:9 stenotype 11] 10:12 still [1] 5:15 strike [1] 4:7 sworn [4] 6:18, 23; 7:1; 10:11 -T- taken [3] 1:10; 10:12,18 taking [3] 4:24; 9:10; 10:10 talked [1] 5:4 terms [1] 5:11 testified [2] 6:23; 7:1 testimony [3] 2:1; 10:8, 20 thebes [24] 1:4, 5, 6, 9; 2:3, 4; 3:2, 3, 20, 21; 6:6, 22, 25; 7:3; 8:8, 11, 16; 9:8, 16; 10:8 their [1] 4:21 though [1] 5:14 thousand [3] 4:1,3,5 today [11] 3:1, 3, 6, 14; 4:19, 24; 5:6; 7:10, 13; 8:6, 21 total [1] 4:5 transcript [1] 10:19 trial [2] 1:6; 10:6 two [2] 3:2 - U - ultimately [3] 4:2; 6:3, 4 under [2] 8:3; 10:15 understands [3] 6:11; 7:23, 25 understood [1] 5:14 upon [1] 8:2 _V. valid [1] 4:22 verbatim Ill 8:19 -W- w [1] 1:22 waived [1] 6:8 wants [1] 6:12 way [1 ] 6:2 whereof Ill 10:20 whether [1] 6:6 withdraw [1] 4:13 within [2] 4:1; 10:18 witness [3] 6:22, 25; 10:11 -Y- yahn [18] 1:22; 3:1, 16; 4:13; 5:1, 5, 12, 22; 6:9, 16, 20; 7:10, 22, 25; 8:12; 9:5, 7, 9 year [2] 4:4,10 yep [1] 6:20 yourself Ill 9:11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY : H. KNIGHT, ESQUIRE, No. 07-1022 Civil Term Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants CERTFI??,,??ICATE OF SERVICE I hereby certify that I am this?liday of November, 2007, causing a copy of the foregoing Motion to be served upon the following person in the manner indicated: By Certified and First Class United States Mail, postage pre-paid on: Neil Warner Yahn, Esquire PO Box 650 Hershey, Pennsylvania 17033 Attorney for Defendants Respectfully submitted, KNIGHT & ASSOCIATES, P.C. W. G ?-- Grego H. 'ght, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs L'1 P13 O - TI c ` no 77,-71 ` c ri `7 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the within matter for the next Argument Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment filed by Plaintiffs 2. Identify counsel who will argue case: (a) For Plaintiffs: Gregory H. Knight, Esquire, Knight & Associates, P.C., 11 Roadway Drive, Suite B, Carlisle, Pennsylvania 17015. (b) For Defendants: Neil Warner Yahn, Esquire, James, Smith, Dietterick & Connelly, LLP, PO Box 650, Hershey, Pennsylvania 17033. 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: January 23, 2008 Date: November 2-l , 2007 KNIGHT & ASSOCIATES, P.C. (50 Gregory . Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Counsel for Plaintiffs FAUser Folder\Fiim Docs\Gendocs2007\3987-1 Fred Thebes\prae.list.arg.ct.wpd Q ? ?- rn N :r o , j - FV J rn . ? CT7 co 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY H. KNIGHT, ESQUIRE, Plaintiffs V. FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants No. 07-1022 Civil Term CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE. WITH PREJUDICE To the Prothonotary: Please mark the above captioned action settled and discontinued, with prejudice. Date: ? TAwn 2'X8 KNIGHT & ASSOCIATES, P.C. 14. (CAAJ (Jr- Gregory . Knit, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiffs 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. 07-1022 Civil Term H. KNIGHT, ESQUIRE, Plaintiffs V. CIVIL ACTION - LAW FREDERICK D. THEBES, CHRISTOPHER R. THEBES, DYNAMITE DISPOSAL, INC., and FRED D. THEBES & SONS, INC., Defendants CERTIFICATE OF SERVICE I hereby certify that I am this 3" day of January, 2008, causing a copy of the foregoing Praecipe to be served upon the following person in the manner indicated: By First Class United States Mail, postage pre-paid on: Neil Warner Yahn, Esquire PO Box 650 Hershey, Pennsylvania 17033 Attorney for Defendants Respectfully submitted, KNIGHT & ASSOCIATES, P.C. 6;?' r, 14. ?G Ll- Gregory H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs ?? --? ?" ? ?. _. ? ?. ' ? ? ,f., r- ,' ?? r . ? ? ?., ;' ?,n j! (yam=?.,_'? ? ? i ??•