HomeMy WebLinkAbout97-04977
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Commonwealth of Pennsylvania
County of Cumberland
Orchard Hills Associates and
Pocono Village Associates
Court of Conunoll Plq,a
VI.
No, _.97.-.4.977___.Ci.'lil..~-.-.--.--- 19___.
III _ ..Cw.i1. _~UOn.-l.aW. - n..' - n. ,,'n_" -- --
Mel Spotts
45 Martin Street
East Earl, PA. 17519
To ___~~_~~!~~__..._...___.._._.._..___._____
You are hereby nollfied that
OrehAN.. HUla .As1Klcla~.aDd .I!occDO.lI.illage.A1tIl""- i A...... . - -.... -. - .--..- - - -. - --' -. - - - - - ----.
the Plaintiff haS commenced an action in ..___.cillil-Law.......__.___________..______________.__
againll you which you are required to defend or a delaull judgment may be entered apinll You,
(SEAL)
Lawrence E. Welker
.----.-.....--.----P~lh~~~~---.-.-..-.-...--.-
Date __~SlJl.\fIllMt_l~......Il,l.'-7.._____. 19.._.
By ..~~J4--~-~~~--.---..-.---.----.
Depury
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SHERIFF'S OFFICE
~llNOIl"tlJUK~ SlflLll IMH'A',1I1l I'f~J"'j:;'I'IVANI^ litilJ;"I""'J."/'lli..'illl
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
lPLAiNTiF"j:',&
Orchard Hills Associates et al
iQfFENOANTI5.'
Mel Spot ts
s:r- {" ') :~M: (~;~~I~If~l:t. COMPANY ClJIlPOfl,AtlON nc lOIW SEHVfD
..,.,. 6 AnDHESS IStfl'I)! l)r HfD Apmtl111'fll Nl/ cay, ll'l!ll r.....p Stahl HIll! liP (')Ill!)
AT 45 Martin St.. East Earl. PA 17519
~~~~IC-^T_E~~~SUA~ SE~WICI:: COMMON m PA XDH'lJ 1I1l' onu:n Cumber 1 and. .
Now, .Sept. 17 19 97 ,I, SHEfllFF OFJ(X~KIl COUNTY, PA, do horo
-l.al'lcaster County to o.(l:ulllti
to law. This deputation baing made at Ihe r~qlJesl and risk at tho plaintiff
....SPICIAL 'INSTAUCTlClNS OR O'THEA'INFORMATION" THAT WilL ASSIST IN EXPEDITING SERVICE:
IN:iIlIUCIIUNS W/l Sf.l1V1Cl uF PROCESS on Ihe I.V'IM of the la' (No
'l) ':"IlY 1)1 thl~ rom' Plead. I}'f)ll III 1'11111 luu,bl~ tN!lot llllhlch IW'IV cople.
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97-4977 Civil Term
TYPE OF wnlr onCOMPlAINT
Summons
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NOlE ONLY APPLICABLE ON WRIT OF EXECUTION: N,B, WAIVER OF WATCHMAN. AllY dt!plJl'f sllorillllh'Y1nn upon or atll)(hlllij nlly ptOPlltly undQt
w~in writ may laavo sarno wllholll a wotcllmll/1, In CIJf>10dy 01 whomover Iii round 111 p()liSl!bSIIJt1, ullor notlrying person or IllVY or 1I11.1chmanl, wltholllllnblllly on
the part of such depuly or lhlt shunrr 10 any plUl'llilf hlltllll1 lor any 1056, delilrw;tioll or fP.Jl1()vnl ot 'Iny such propmly beroro shentf6 1';.11e ItaHtlol
s: SlGNATURE-ol"ATrORNI!Yoro"\,,ORIOINATOR. [10. TELEPiiONE NUMBEA--mu[T,--OA-TF.-.
Cu:s~~~:~C;~F~::v~cIgop~~o t~~E ;e;~~ORESS BELOW (Thl. .re. mull be comp'ele~~,1n:ITc~~,1'0 b.m.'''d) . .. .,9-.15-97
SAMUEL L. ANDES, ESQ. 525 N. 12TH ST., LEMOYNE, PA 17043
----------- .. . SPACE BElow - FORl.lSE OF SHERIFF. ONLY - DO NOT WRITE BELOW tHis'l.iNE----- . u___
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24 Advance Co~l~1 25, Sn/'VIC:o ,)"l~ 26 Notary Cart
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MY COMMISSION Ex.PIRES
38iAC;('NOWlEDGE -RECEIPT OF THl!. SHERI"'S AITURN SIGNATURE}
OF AUTHORIZED ISSIJING AlHHORHV AND rlTl.E
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SAMUEL L. ANDES
ATTORNEY AT LAW
sOle "O."fH TWJ:LrrH STRE.T
P,O.BOX Ifill
LBMOYNE, PEl'fNSYLVANJA 17043
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ORCHARD HILLS ASSOCIATES and
POCONO VILLAGE ASSOCIATES,
Plaintiffs
Defendant
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO, 97.4977 CIVIL TERM
JURY TRIAL DEMANDED
VS,
MEL SPOTTS,
NOTICE
TO DEFENDANT NAMED HEREIN:
YOU HAVE BEEN SUED IN COURT, IF YOU WISH TO DEFEND AGAINST THE CLAIMS
SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20)
DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU,
YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT
YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT
FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249.3166
3. The Defendant, Mel Spotts, Is an adult Individual who, to the best of Plalntltrs'
knowledge, resides or maintains an office at 45 Martin Street In East Earl, Pennsylvania,
4. In 1994 Orchard Hills owned a Mobile Home Park situate In Pocono Township,
Monroe County, Pennsylvania, which Mobile Home Park was known variously as "Pocono
Village Court" or "Pocono Village Mobile Home Park" and which was Improved with
facilities for 32 mobile homes, which facilities were leased to tenants and which facilities
Included a septic system to lawfully dispose of sewer and other wastes on the property,
5. In 1994 and at all other times relevant to this action, Defendant was engaged in
the business of excavation and plumbing work and held himself out to Orchard Hills and its
representatives, and to various other members of the public, as an expert In such work,
6. During the summer and fall of 1994, Orchard Hills engaged Defendant Spotts to
do certain work on the Pocono Village Mobile Home Park, During the process of that
engagement, representatives of Orchard Hills and Spotts took the following actions:
a, Spotts visited the Pocono Village Mobile Home Park to inspect the
problem; and
b. Spotts determined what work was necessary to correct the problem
and make the Improvements which Orchard Hills requested; and
c, Spotts met with representatives of Orchard Hills at offices they
maintained at that time at 4740 Delbrook Road in Mechanicsburg,
II Pennsylvania, to discuss the work he proposed to do, to explain to Orchard
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Investment Management Services, Inc.
4740UElBROOK ROAD MECItANICSBLJRG, PA 170~~
(717) 737 ~440 fAX (717) 7374~24
I\UlJUt; t :.!:.! I 199<1
To:
,FROM:
RE:
Palll Lopresti, Rob GoodlIng. Mel Spotts, IrvIn Palfer
BrIan Gross
Act Ion pIon t'or ret;olllt Ion ot' sewlI!)e ml'lnllgemont IInd
repaIrs at Pocono Village
The followlno plan WtlS IIgrao,1 to by 1111 purtles lit. tl m"etlng
at <1740 Delbrook Road, Mechanlcsbllrg, PA. on August 22, 1994,
according tu the following sequence:
1. Mel will Inl1ledllHely begIn construction of the curtain
draIn for faIlIng septic bed.
2. In conjunctIon wIth Paul's advIce, Mel wIll begIn
Inst!llllltion of grease traps according to plllns approved
by Bob Goodling.
3. Mal will trench two or /IIore 5hort lines from the front
beds across the park street.
.j. .-\ftar the above has been cOIDnenc(Jd. I'lIul wIll begin
designIng a new septic bed on the undeveloped portIon of
the property In conjunct Ion wi th the TownShip SEO.
During that process, Pllul wIll explore the feasibilIty ot
inslllllin(J II trmHment plant on the propel'ty to treat
water.
5. All parties wIll cOIlVIlunicate throu!Jh Bob Goodling
throughout the processes.
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5. Denied as stated. By way of further explanation It Is admitted that at all
times relevant to this action the Defendant was engaged In the business of excavation
and plumbing, However, answering Defendant believes that any avennents In this
paragraph suggesting the Defendant was and expert amounts to a legal conclusion which
requires no answer.
6. Denied as stated, By way of further explanation It Is admitted that the
Defendant met with various representatives of the Plaintiffs during th6 fall of 1994 to
discuss ways to remedy numerous problems with the waste water system at the Plaintiffs
mobile home park.
7. Denied as stated. By way of further explanation It Is admitted that the
Defendant met with various representatives of Orchard Hills to discuss how the defendant
would be Involved In correcting the numerous problems with the waste water system
within the Plaintiffs mobile home park, By way of further explanation, any avennents In
this paragraph regarding the Defendants work being good and or workmanlike amount to
legal conclusions which require no answer. By way of further explanation answering
Defendant submits that the Memorandum referred to as Exhibit A In the Plaintiffs'
Complaint speaks for Itself,
8. Denied as stated, By way of further explanation It Is admitted that some
time between the fall of 1994 and the early part of 1995 that the Defendant and/or his
workers cut off a gravity feed pipe or line which connected 11 mobile homes to a dosing
tank without reconnecting that line to any other part of the septic system, At the time of
that work Answering Defendant avers that he and/or his employees had no basis to
believe that any sewage would ever emanate from this disconnected line, By way of
further explanation Answering Defendant avers that any of the work that was preformed
after disconnecting this line was not done In an attempt to conceal or mislead the
Plaintiffs about this mistake.
9, Denied as stated. By way of further explanation, Answering Defendant
avers that any averments In this paragraph regarding the negligence, carelessne$s,
recklessness, incompleteness, dangerousness and Illegality of the Defendant's work
amount to legal conclusions which require no answer, By way of further explanation the
remains of this paragraph are denied as after reasonable investigation, answering
Defendant lacks information or knowledge sufficient to form a basis to the belief as to the
truth of the averments contained in this paragraph and same are therefore denied, strict
proof being demanded at trial, if relevant.
10-15, Denied, After reasonable investigation, answering Defendant lacks
information or knowledge sufficient to form a basis to the belief as 10 the truth of the
averments contained in this paragraph and same are therefore denied, strict proof being
demanded at trial, If relevant.
16, legal conclusions which require no Answer, Where an Answer Is deemed
to be required, after reasonable investigation, Answering Defendant lacks information or
knowledge sufficient to form a belief as to the truth of the averments contained in this
paragraph and same are therefore denied, strict proof being demanded at trial, if relevant.
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SAMUEL L. ANDES
ATTORNEY AT LAW
.~. NORTII TW1:Lnll FiTffEET
P. 0, BOX 108 ,
LEMOYNl'.:, PI!:NN9YLVANIA 1704.'3
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ORCHARD HILLS ASSOCIATES and
POCONO VILLAGE ASSOCIATES,
Plaintiffs
Defendant
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO, 97.4977
JURY TRIAL DEMANDED
vs.
MEL SPOTTS,
PLAINTIFFS' REPL .tTItDEFENOANI~UlEYtMAII.EB
AND NOW comes the above. named Plaintiffs, by their attorney, Samuel L. Andes,
and make the following reply to Defendant's New Matter:
17. Denied. All of the damages claimed by Plaintiffs in this action were
proximately caused by the negligence of Defendant. The averments set out in Plaintiffs'
original Complaint are incorporated herein by reference,
18, Denied. All of the damages claimed by Plaintiffs in this action have been
caused by Defendant and none of them came about as a result of a superceding or
intervening cause, The averments set out in Plaintiffs' original Complaint are
incorporated herein by reference,
19. Denied, Plaintiffs' damages in this matter were caused directly by Defendant
and Defendant's negligent or otherwise wrongful conduct. The averments set forth in
Plaintiffs' original Complaint are incorporated herein by reference,
20, Denied, Plaintiffs have undertaken all action reasonably available to them to
mitigate their damages as soon as they became aware of the damages and had the
opportunity for mitigation,
21. Denied, Plaintiffs have not over stated their damages,
WHEREFORE, Plaintiffs demand judgment against Defendant in accordance with
Plaintiffs' original Complaint.
. ._~ .. - .. ".-- .
a uel L. Andes
Attorney for Plaintiffs
Supreme Court 10 # 17225
525 N, 12'" Street
Lemoyne, PA 17043
(717) 761.5361
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101 NO~TH 'OONT STOUT
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,ohn Flounlack.r, Eoqul..
305 North Front Stroot
P.O. Bo. 999
U...lsburg, PA 17108~999
(7 In 255-7238
mn 237.7134 (F..)
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ORCHARD HILLS ASSOCIATES a"d
POCONO VILLAGE ASSOCIATES
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO, PENNSYLVANIA
Plaintiffs
CIVIL ACTION. LAW
v.
No: 97-4977
MEL SPOTTS
JURY TRIAL DEMANDED
Defendant
CEBIIFICATE OF SERVI~~
AND NOW, 1 st day of December, 1998, I, Barbara Onorato, a legal Assistant
at the Law Firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and
correct copy of the foregoing document by placing a copy of the same in the United
States Mail, first class, postage prepaid, to the following:
Samuel Andes, Esquire
525 N, 12th Street
Lemoyne, PA 17043
Date: December 1, 1998
j~ {/ b2~-,~
Barbara A. Onorato
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SAMUEL L. ANDES
ATTORNEY AT LAW
5-a15 MORTlI TWKLPTIt STREET
P,O, BOX 168
LI!:MOYNP.:, PENNSYLVANIA 170-1:.)
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ORCHARD HILLS ASSOCIATES and
POCONO VILLAGE ASSOCIATES,
Plaintiffs
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
II
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vs.
CIVIL ACTION - LAW
MEl SPOTTS,
NO. 97-4977 CIVIL TERM
JURY TRIAL DEMANDED
Defendant
MOTION FOR LEAVE TO AMEND COMPLAINT
AND NOW comes the above-named Plaintiff, by its attorney, Samuel L.
Andes, and moves the Court to amend Its Complaint in this matter, based upon the
following:
1. The moving party herein Is the Plaintiff.
2. The Respondent Is Mel Spotts.
3. The plaintiff originally filed Its Complaint In this matter against Mel Spotts
alone, believing that Mr. Spotts was the sole owner and operator of the business
entity with which Plaintiff dealt and which caused Plaintiff's loss in this case.
4. In September of 1998, during his deposition by Plaintiff, Mel Spotts stated
that the business Involved was owed by himself and his wife, Elizabeth B. Spotts.
5. Plaintiff wishes to amend its Complaint In this matter to add the said
Elizabeth B. Spotts as a Defendant and to add her to the caption of the case.
6. Attached hereto and marked as Exhibit A is a copy of the Amended
Complaint which the Plaintiff desires to file in this matter.
ORCHARD HILLS ASSOCIATES and )
POCONO VILLAGE ASSOCIATES, )
Plaintiff )
)
vs. )
)
MELVIN W. SPOTTS and ELIZABETH )
B. SPOTTS, t/d/b/a MEL SPOTTS )
EXCAVATING, )
Defendants )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-4977 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE
TO DEFENDANT NAMED HEREIN:
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY
ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND fILING IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SEl
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 CLAIMS IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF.
YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249.3166
t .1."111
~,
ORCHARD HILLS ASSOCIATES and ) IN THE COURT OF COMMON
POCONO VILLAGE ASSOCIATES, ) PLEAS OF CUMBERLAND
Plaintiff ) COUNTY, PENNSYLVANIA
)
vs. )
) CIVIL ACTION - LAW
MELVIN W. SPOTTS and ELIZABETH )
B. SPOTTS, t/d/b/a MEL SPOTTS ) NO. 97-4977 CIVIL TERM
EXCAVATING, )
Defendants ) JURY TRIAL DEMANDED
AMENDED COMPLAINT
AND NOW comes the above-named Plaintiffs, by their attorney, Samuel L.
Andes, and makes the following Complaint In this matter:
1. The Plaintiff, Orchard Hills Associates, Is a general Pennsylvania
partnership consisting of Robert E. Goodling of Carlisle, Pennsylvania, James T.
Gibson, of Mechanlcsburg, Pennsylvania and Peifer & Gross, Inc., a Pennsylvania
business corporation of Ellzabethtown, Pennsylvania. Orchard Hills Associates Is
referred to hereinafter as "Orchard Hills."
2. The Plaintiff, Pocono Village Associates, Is a Pennsylvania general
partnership consisting of Peifer & Gross, Inc., a Pennsylvania business corporation of
Ellzabethtown, Pennsylvania, AAA Quality Builders, Inc., a Pennsylvania business
corporation of Mechanlcsburg, Pennsylvania, and PVOHA, Inc., a Pennsylvania
business corporation of Carlisle, Pennsylvania. Pocono Village Associates will be
referred to hereinafter as "Pocono."
3. The Defendants are Melvin W. Spotts and Elizabeth B. Spotts, his wife,
adult Individuals who trade and do business, jointly, as "Mel Spotts Excavating" and
which maintain offices for the conduct of that business at 45 Martin Street In East
Earl, Pennsylvania. Both Mr. and Mrs. Spotts are collectively referred to hereinafter
as "Defendant."
, .
4. In 1994 Orchard Hills owned a Mobile Home Park situate In Pocono
Township, Monroe County, Pennsylvania, which Mobile Home Park was known
variously as "Pocono Village Court" or "Pocono Village Mobile Home Park" and which
was Improved with facilities for 35 mobile homes, which facilities were leased to
tenants and which facilities Included a septic system to lawfully dispose of sewer
and other wastes on the property.
5. In 1994 and at all other times relevant to this action, Melvin W. Spotts and
Elizabeth B. Spotts were engaged In the business of excavation and plumbing work,
trading as "Mel Spotts Excavating" and held themselves and their business out to
Orchard Hills and Its representatives, and to other members of the public, as being
experienced and experts In such work. Melvin W. Spotts operated as an authorized
agent and representative of both Defendants In the operation of the excavating the
plumbing business.
6. During the summer and fall of 1994, Orchard Hills engaged Defendant to
do certain work on the Pocono Village Mobile Home Park. During the process of that
engagement, representatives of Orchard Hills and Defendant took the following
actions:
A. Defendant visited the Pocono Village Mobile Home Park to
Inspect the problem; and
B. Defendant determined what work was necessary to correct the
problem and make the Improvements which Orchard Hills requested;
and
C. Defendant met with representatives of Orchard Hills at offices
they maintained at that time at 4740 Delbrook Road In Mechanicsburg,
Pennsylvania, to discuss the work he proposed to do, to explain to
Orchard Hills' representatives how that work would correct the problems
at Pocono Village Mobile Home ParI<, and to propose payment terms for
the work he was to do.
7. At various meetings held at Orchard Hills' office In Mechanlcsburg,
Orchard Hills engaged Defendant to do work on the septic and sewer system at the,
Pocono Village Mobile Home Park. The terms of the engagement were that
Defendant would do the work It had verbally described to the representatives of
Orchard Hills in a good and workmanlike manner, In exchange for which Orchard
Hills would pay Defendant Its normal and cllstomary charges, on a time and
material basis, for such work. Although no formal written agreement was prepared
between the parties, Brian Gross, one of the principals In Peifer & Gross, Inc. who
represented Orchard Hills at the meetings with Defendant, prepared a Memorandum
outlining the nature of the work to be done and said Memorandum was signed by
representatives of Orchard Hills and Defendant. A copy of that Memorandum Is
attached hereto and marked as Exhibit A.
8. Thereafter, Defendant did various work on the plumbing and septic
systems at the Pocono Village Mobile Horne Park, between August of 1994 and the
early part of 1995. Defendant performed his work on the Pocono Village Mobile
Home Park In a negligent, careless, and reckless fashion. Specifically:
a. Defendant cut off a gravity feed pipe or line which connected
eleven (11) mobile homes to a "dosing tank" without re-connectlng that
line to any other part of the septic system. As a result of this action,
the sewage which emanated from those eleven (11) mobile homes was
not deposited Into the septic system for the mobile home park and was
simply dumped into the ground.
b. Defendant re-filled the hole which It had excavated to cut off
the gravity feed pipe described In sub paragraph a and refilled that hole
without correcting the problem created by their mistake and thus
concealed the problem from Orchard Hills.
C. Defendant failed to advise Orchard Hills or its representatives
of the wrongful action It had taken in cutting off the gravity feed pipe.
9. As a direct result of the negligence, carelessness, and recklessness of
Defendant, the sewer system at the Pocono Village Mobile Home Park was rendered
ineffective, Incomplete, illegal, and dangerous. The acts of Defendant by cutting
off the gravity feed pipe and causing the untreated waste from eleven (11) mobile
homes to simply pass Into the ground violated federal and state environmental laws
and the ordinances of Pocono Township In Monroe County and exposed the owners
and representatives of Orchard Hills to criminal and civil penalties and sanctions for
such violations.
10" Because Defendant refilled the excavation In which Defendant did the
defective work and failed to report and disclose to Orchard Hills and Its
representatives the defective work It had done, Orchard Hills was unaware of the
problem and the violation of law which that problem created.
11. In June of 1996, still unaware of the problem caused by Defendant's
defective work, Orchard Hills sold the Pocono Hills Mobile Home Park to a third party
purchaser for $645,000.00.
12. In late 1996, the third party purchaser complained to Orchard Hills
about problems he was experiencing with the plumbing and sewer system at the
Pocono Village Mobile Home Park. During the Investigation of those problems, by
the third party purchaser and his representatives and by Orchard Hills and Its
representatives, the gravity feed pipe which Defendant had Improperly cut and
disconnected was uncovered and discovered. Upon discovery of the problem, the
third party purchaser rescinded hi5 purchase of the Poccno Village Mobile Home
Park, threatened suit against Orchard Hills and Its representatives, and demanded a
refund of all monies paid by him for the purchase of the Pocono Village Mobile Home
Park and all expenses incurred by him In the attempts to solve and remedy the
prOblem caused by Defendant's defective work.
13. Following several months of negotiations with the third party purchaser,
and several months of further Investigation Into the problem caused by Defendant's
defective work, the principals of Orchard Hills formed a new partnership, Pocono
Village, to re-purchase the Pocono Village Mobile Home Park from the third party
purchaser and negotiated a settlement agreement, on behalf of Orchard Hills and
Pocono Village, with the third party purchaser to pay and reimburse the third party
purchaser his losses and expenses Incurred as a result of the problem at Pocono
Village Mobile Home Park with the plumbing and sewer system. As part of that
agreement and settlement, Orchard Hills and Pocono Village Incurred the following
expenses and had to pay the following items:
a. Reimbursement of the third party purchaser's out
of pocket expenses for plumbing repairs Incurred In an attempt
to correct the problem $3,185.00
b. Reimbursement of the third party purchaser's
engineering fees Incurred in an attempt to solve the problem $2,853.00
c. Reimbursement of the third party purchaser's
attorney's fees $15.151.00
Total $21,189.00
All of chese expenses were paid by Orchard Hills and Pocono Village as a direct
result of the negligent, reckless, and careless actions of Defendant as described
herein above.
14. In addition to the above reimbursements and expenses, Pocono Village
and Orchard Hills Incurred other expenses of their own as a result of the negligence,
carelessness, and recklessness of Defendant. Those expenses and losses are:
a. Settlement costs at Orchard Hills' original
sale to the third party purchaser, which sale was later
reversed $16,675.00
b. Fees paid to All State Septic Systems to
pump sewerage from the Pocono Village Mobile Home
Park and to make certain repairs to the system to
','
pump sewerage from the Pocono Village Mobile Home
Park and to make certain repairs to the system to
correct the problem caused by Defendant's Improper
actions $14,692.00
c. Engineering and related professional fees and
expenses to Identify and correct the problem caused by
Defendant's Improper work $11,864.00
d. Attorney's fees $7.736.00
TOTAL $50,967.00
All of these expenses and losses were caused to the Plaintiffs as a direct result of
the negligence, carelessness, and recklessness of Defendant.
15. In addition to the damages and losses described In the foregoing two
paragraphs, the Plaintiffs Incurred other expenses and losses, Including the
following:
a. The Interruption of the activities and business effort of Its
owner, employees, and representatives to address and resolve the
problem caused by Defendant's defective work.
b. Public scorn, approbation and humiliation resulting from their
owning and operating a mobile home park with a defectIve and Illegal
septic and plumbing system.
c. The loss of the bargain they enjoyed from the sale of the
mobile home park to the third party purchaser, which sale had to be set
aside and reversed upon the discovery of the conditions and problems
caused by Defendant's defective and improper work.
The above damages are not liquidated. Plaintiffs believe that they have suffered
damages, as a result of these Items, in a sum In excess of $25,000.00.
16. All of the damages listed above are a direct result of the negligence,
carelessness, and recklessness of the Defendant. All of these damages have been
suffered by one or both of the Plaintiffs. The Defendants, by their conduct, have
Injured Plaintiffs In an amount substantially In excess of $25,000.00.
WHEREFORE, Plaintiffs demand judgment against the Defendants, Melvin W.
Spotts and Elizabeth B. Spotts, jointly and severally, In an amount In excess of
$25,000.00, plus Interest from and after 1 December 1995, plus costs of suit.
s.~~~
Attorney for Plaintiffs
Supreme Court ID # 17225
525 N. 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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ORCHARD HILLS ASSOCIATES and ) IN THE COURT OF COMMON
POCONO VILLAGE ASSOCIATES, ) PLEAS OF CUMBERLAND
Plaintiff ) COUNTY, PENNSYLVANIA
)
VS. )
) CIVIL ACTION - LAW
MELVIN W. SPOTTS and ELIZABETH )
B. SPOTTS, t/d/b/a MEL SPOTTS ) NO. 97-4977 CIVIL TERM
EXCAVATING, )
Defendants ) JURY TRIAL DEMANDED
I NOTICE
I TO DEFENDANT NAMED HEREIN:
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY
ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE
MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU
BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMS IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF.
I YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU
I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
ORCHARD HILLS ASSOCIATES and ) IN THE COURT OF COMMON
POCONO VILLAGE ASSOCIATES, ) PLEAS OF CUMBERLAND
Pial ntlff ) COUNTY, PENNSYLVANIA
)
vs. )
) CIVIL ACTION - l.AW
MELVIN W. SPOTTS and ELIZABETH )
B. SPOTTS, t/d/b/a MEL SPOTTS ) NO. 97-4977 CIVIL TERM
EXCAVATING, )
Defendants ) JURY TRIAL DEMANDED
AMENDED COMPLAINT
AND NOW comes the above-named Plaintiffs, by their attorney, Samuel L.
Andes, and makes the following Complaint In this matter:
1. The Plaintiff, Orchard Hills Associates, Is a general Pennsylvania
partnership consisting of Robert E. Goodling of Carlisle, Pennsylvania, James T.
Gibson, of Mechanlcsburg, Pennsylvania and Peifer & Gross, Inc., a Pennsylvania
business corporation of Ellzabethtown, Pennsylvania, Orchard Hills Associates Is
referred to hereinafter as "Orchard Hills."
2. The Plaintiff, Pocono Village Associates, is a Pennsylvania general
partnership consisting of Peifer & Gross, Inc., a Pennsylvania business corporation of
Ellzabethtown, Pennsylvania, AAA Quality Builders, Inc., a Pennsylvania business
corporation of Mechanlcsburg, Pennsylvania, and PVOHA, Inc., a Pennsylvania
business corporation of Carlisle, Pennsylvania. Pocono Village Associates will be
referred to hereinafter as "Pocono."
3. The Defendants are Melvin W. Spotts and Elizabeth B. Spotts, his wife,
adult individuals who trade and do business, jointly, as "Mel Spotts Excavating" and
which maintain offices for the conduct of that business at 45 Martin Street In East
Earl, Pennsyivanla. Both Mr. and Mrs. Spotts are collectively referred to hereinafter
as "Defendant."
I
II
I
4. In 1994 Orchard Hills owned a Mobile Home Park situate In Pocono
Township, Monroe County, Pennsylvania, which Mobile Home Park was known
variously as "Pocono Village Court" or "Pocono Village Mobile Home Park" and which
was Improved with facilities for 35 mobile homes, which facilities were leased to
tenants and which facilities Included a septic system to lawfully dispose of sewer
and other wastes on the property.
5. In 1994 and at all other times relevant to this action, Melvin W. Spotts and
Elizabeth B. Spotts were engaged In the business of excavation and plumbing work,
trading as "Mel Spotts Excavating" and held themselves and their business out to
Orchard Hills and Its representatives, and to other members of the public, as being
experienced and experts In such work. Melvin W. Spotts operated as an authorized
agent and representative of both Defendants In the operation of the excavating the
plumbing business.
6. During the summer and fall of 1994, Orchard Hills engaged Defendant to
do certain work on the Pocono Village Mobile Home Park. During the process of that
engagement, representatives of Orchard Hills and Defendant took the following
actions:
A. Defendant visited the Pocono Village Mobile Home Park to
Inspect the problem; and
B. Defendant determined what work was necessary to correct the
problem and make the improvements which Orchard Hills requested;
and
C. Defendant met with representatives of Orchard Hills at offices
they maintained at that time at 4740 Delbrook Road In Mechanicsburg,
Pennsylvania, to discuss the work he proposed to do, to explain to
Orchard Hills' representatives how that work would correct the problems
II at Pocono Village Mobile Home Park, and to propose payment terms for
II
the work he was to do.
7. At various meetings held at Orchard Hills' office In Mechanlcsburg,
Orchard Hills engaged Defendant to do work on the septic and sewer system at the
Pocono Village Mobile Home Park. The terms of the engagement were that
Defendant would do the work It had verbally described to the representatives of
Orchard Hills In a good and workmanlike manner, in exchange for which Orchard
Hills would pay Defendant Its normal and customary charges, on a time and
material basis, for such work. Although no formal written agreement was prepared
between the parties, Brian Gross, one of the principals in Peifer & Gross, Inc. who
represented Orchard Hills at the meetings with Defendant, prepared a Memorandum
outlining the nature of the work to be done and said Memorandum was signed by
representatives of Orchard Hills and Defendant. A copy of that Memorandum Is
attached hereto and marked as Exhibit A.
8. Thereafter, Defendant did various work on the plumbing and septic
systems at the Pocono Village Mobile Home ParI<, between August of 1994 and the
early part of 1995. Defendant performed his work on the Pocono Village Mobile
Home Park in a negligent, careless, and reckless fashion. Specifically:
a. Defendant cut off a gravity feed pipe or line which connected
eleven (11) mobile homes to a "dosing tank" without re-connecting that
line to any other part of the septic system. As a result of this action,
the sewage which emanated from those eleven (11) mobile homes was
not deposited into the septic system for the mobile home park and was
simply dumped Into the ground.
b. Defendant re-fllled the hole which it had excavated to cut off
the gravity feed pipe described in sub paragraph a and refilled that hole
without correcting the prOblem created by their mistake and thus
concealed the problem from Orchard Hills.
c. Defendant failed to advise Orchard Hills or its representatives
of the wrongful action It had taken in cutting off the gravity feed pipe.
9. As a direct result of the negligence, carelessness, and recklessness of
Defendant, the sewer system at the Pocono Village Mobile Home Park was rendered
Ineffective, Incomplete, Illegal, and dangerous. The acts of Defendant by cutting
off the gravity feed pipe and causing the untreated waste from eleven (11) mobile
homes to simply pass into the ground violated federal and state environmental laws
and the ordinances of Pocono Township In Monroe County and exposed the owners
and representatives of Orchard Hills to criminal and civil penalties and sanctions for
such violations.
10. Because Defendant refilled the excavation In which Defendant did the
defective work and failed to report and disclose to Orchard Hills and Its
representatives the defective work It h~d done, Orchard Hills was unaware of the
problem and the violation of law which that problem created.
11. In June of 1996, stili unaware of the problem caused by Defendant's
defective work, Orchard Hills sold the Pocono Hills Mobile Home Park to a third party
purchaser for $645,000.00.
12. In late 1996, the third party purchaser complained to Orchard Hills
about problems he was experiencing with the plumbing and sewer system at the
Pocono Village Mobile Home Park. During the investigation of those problems, by
the third party purchaser and his representatives and by Orchard Hills and its
I representatives, the gravity feed pipe which Defendant had improperly cut and
I disconnected was uncovered and discovered, Upon discovery of the problem, the
I third party purchaser rescinded his purchase of the Pocono Village Mobile Home
Park, threatened suit against Orchard Hills and its representatives, and demanded a
I refund of all monies paid by him for the purchase of the Pocono Village Mobile Home
I Park and all expenses Incurred by him In the attempts to solve and remedy the
I problem caused by Defendant's defective work.
I
13. Following several months of negotiations with the third party purchaser,
I and several months of further investigation Into the problem caused by Defendant's
defective work, the principals of Orchard Hills formed a new partnership, Pocono
Village, to re-purchase the Pocono Village Mobile Home Park from the third party
purchaser and negotiated a settlement agreement, on behalf of Orchard Hills and
Pocono Village, with the third party purchaser to pay and reimburse the third party
purchaser his losses and expenses Incurred as a result of the problem at Pocono
Vllla:1e Mobile Home Park with the plumbing and sewer system. As part of that
agreement and settlement, Orchard Hills and Pocono Village Incurred the following
expenses and had to pay the following items:
a. Reimbursement of the third party purchaser's out
of pocket expenses for plumbing repairs Incurred In an attempt
to correct the problem $3,185.00
b. Reimbursement of the third party purchaser's
engineering fees Incurred In an attempt to solve the problem $2,853.00
c. Reimbursement of the third party purchaser's
attorney's fees $15.151.00
Total $21,189.00
All of these expenses were paid by Orchard Hills and Pocono Village as a direct
result of the negligent, reckless, and careless actions of Defendant as described
herein above.
14. In addition to the above reimbursements and expenses, Pocono Village
and Orchard Hills incul'red other expenses of their own as a result of the negligence, ,
carelessness, and recklessness of Defendant. Those expenses and losses are:
a. Settlement costs at Orchard Hills' original
sale to the third party purchaser, which sale was later
reversed $16,675.00
b. Fees paid to All State Septic Systems to
pump sewerage from the Pocono Village Mobile Home
Park and to make certain repairs to the system to
pump sewerage from the Pocono Village Mobile Home
Park and to make certain repairs to the system to
correct the problem caused by Defendant's improper
actions
$14,692.00
c. Engineering and related professional fees and
expenses to Identify and correct the problem caused by
Defendant's Improper work $11,864.00
d. Attorney's fees .. S7.736.00
TOTAL $50,967.00
All of these expenses and losses were caused to the Plaintiffs as a direct result of
the negligence, carelessness, and recklessness of Defendant.
15. In addition to the damages and losses described In the foregoing two
paragraphs, the Plaintiffs Incurred other expenses and losses, Including the
following:
a. The Interruption of the activities and business effort of Its
owner, employees, and representatives to address and resolve the
problem caused by Defendant's defective work.
b. Public scorn, apprcbatlon and humiliation resulting from their
owning and operating a mobile home park with a defective and Illegal
septic and plumbing system.
c. The loss of the bargain they enjoyed from the sale of the
mobile home park to the third party purchaser, which sale had to be set
aside and reversed upon the discovery of the conditions and problems
caused by Defendant's defective and improper work,
The above damages are not liquidated. Plaintiffs believe that they have suffered
damages, as a result of these items, In a sum In excess of $25,000.00.
II 16. All of the damages listed above art! a direct result of the negligence,
I carelessness, and recklessness of the Defendant. All of these damages have been
II
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ORCHARD HILLS ASSOCIATES and )
POCONO VILLAGE ASSOCIATES, )
Plaintiff )
)
VS. )
)
MELVIN W. SPOTTS and ELIZABETH )
B. SPOTTS, t/d/b/a MEL SPOTTS )
EXCAVATING, )
Defendants )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-4977 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE
TO DEFENDANT NAMED HEREIN:
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY
ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE
MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU
BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMS IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF.
YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA .17013
(717) 249-3166
4. In 1994 Orchard Hills owned a Mobile Home Park situate In Pocono
Township, Monroe County, Pennsylvania, which Mobile Home Park was known
variously as "Pocono Village Court" or "Pocono Village Mobile Home Park" and which
was Improved with facilities for 35 mobile homes, which facilities were leased to
tenants and which facilities Included a septic system to lawfully dispose of sewer
and other wastes on the property.
5. In 1994 and at all other times relevant to this action, Melvin W. Spotts and
Elizabeth B. Spotts were engaged In the business of excavation and plumbing work,
trading as "Mel Spotts Excavating" and held themselves and their business out to
Orchard Hills and Its representatives, and to other members of the public, as being
experienced and experts In such work. Melvin W. Spotts operated as an authorized
agent and representative of both Defendants In the operation of the excavating the
plumbing business.
6. During the summer and fall of 1994, Orchard Hills engaged Defendant to
do certain work on the Pocono Village Mobile Home Park. During the process of that
engagement, representatives of Orchard Hills and Defendant took the following
actions:
A. Defendant visited the Pocono Village Mobile Home Park to
Inspect the problem; and
B. Defendant determined what work was necessary to correct the
problem and make the Improvements which Orchard Hills requested;
and
C. Defendant met with representatives of Orchard Hills at offices
they maintained at that time at 4740 Delbrook Road in Mechanlcsburg,
Pennsylvania, to discuss the work he proposed to do, to explain to
Orchard Hills' representatives how that work would correct the problems
at Pocono Village Mobile Home Park, and to propose payment terms for
the work he was to do.
ORCHARD HILLS ASSOCIATES and
POCONO VILLAGE ASSOCIATES,
Plaintiff
vs.
MELVIN W. SPOTTS and ELIZABETH
B. SPOTTS, t/d/b/a MEL SPOTTS
EXCAVATING,
Defendants
)
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-4977 CIVIL TERM
JURY TRIAL DEMANDED
AMENDED COMPLAIN"(
AND NOW comes the above-named Plaintiffs, by their atWrney, Samuel L.
Andes, and makes the following Complaint In this matter:
1. The Plaintiff, Orchard Hills Associates, Is a general Pennsylvania
partnership consisting of Robert E. Goodling of Carlisle, Pennsylvania, James T.
Gibson, of Mechanlcsburg, Pennsylvania and Peifer & Gross, Inc., a Pennsylvania
business corporation of Ellzabethtown, Pennsylvania. Orchard Hills Associates Is
referred to hereinafter as "Orchard Hills."
2. The Plaintiff, Pocono Village Associates, Is a Pennsylvania general
partnership consisting of Peifer & Gross, Inc., a Pennsylvania business corporation of
Ellzabethtown, Pennsylvania, AAA Quality Builders, Inc., a Pennsylvania business
corporation of Mechanlcsburg, Pennsylvania, and PVOHA, Inc., a Pennsylvania
business corporation of Carlisle, Pennsylvania. Pocono Village Associates will be
referred to hereinafter as "Pocono."
, 3. The Defendants are Melvin W. Spotts and Elizabeth B. Spotts, his wife,
adult individuals who trade and do business, jointly, as "Mel Spotts Excavating" and
which maintain offices for the conduct of that business at 45 Martin Street In East
Earl, Pennsylvania. Both Mr. and Mrs. Spotts are collectively referred to hereinafter
as "Defendant."
7. At various meetings held at Orchard Hills' office In Mechanlcsburg,
Orchard Hills engaged Defendant to do work on the septic and sewer system at the
Pocono Village Mobile Home Park. The terms of the engagement were that
Defendant would do the work It had verbally described to the representatives of
Orchard Hills In a good and workmanlike manner, In exchange for which Orchard
Hills would pay Defendant Its normal and customary charges, on a time and
material basis, for such work. Although no formal written agreement was prepared
between the parties, Brian Gross, one of the principals In Peifer & Gross, Inc. who
represented Orchard Hills at the meetings with Defendant, prepared a Memorandum
outlining the nature of the work to be done and said Memorandum was signed by
representatives of Orchard Hills and Defendant. A copy of that Memorandum is
attached hereto and marked as Exhibit A.
8. Thereafter, Defendant did various work on the plumbing and septic
systems at the Pocono Village Mobile Home Park, between August of 1994 and the
early part of 1995. Defendant performed his work on the Pocono Village Mobile
Home Park In a negligent, careless, and reckless fashion. Specifically:
a. Defendant cut off a gravity feed pipe or line which connected
eleven (11) mobile homes to a "dosing tank" without re-connectlng that
line to any other part of the septic system. As a result of this action,
the sewage which emanated from those eleven (11) mobile homes was
not deposited Into the septic system for the mobile home park and was
simply dumped Into the ground.
b. Defendant re-fllled the hole which It had excavated to cut off
the gravity feed pipe described in sub paragraph a and refilled that hole
without correcting the problem created by their mistake and thus
concealed the problem from Orchard Hills.
c. Defendant failed to advise Orchard Hills or Its representatives
of the wrongful action it had taken in cutting off the gravity feed pipe.
9. As a direct result of the negligence, carelessness, and recklessness of
Defendant, the sewer system at the Pocono Village Mobile Home Park was rendered
Ineffective, Incomplete, IIIp.gal, and dangerous. The acts of Defendant by cutting
off the gravity feed pipe and causing the untreated waste from eleven (11) mobile
homes to simply pass Into the ground violated federal and state environmental laws
and the ordinances of Pocono Township In Monroe County and exposed the owners
and representatives of Orchard Hills to criminal and civil penalties and sanctions for
such violations.
10. Because Defendant refilled the excavation In which Defendant did the
defective work and failed to report and disclose to Orchard Hills and Its
representatives the defective work It had done, Orchard Hills was unaware of the
problem and the violation of law which that problem created.
11. In June of 1996, stili unaware of the problem caused by Defendant's
defective work, Orchard Hills sold the Pocono Hills Mobile Home Park to a third party
purchaser for $645,000.00.
12. In late 1996, the third party purchaser complained to Orchard Hills
about problems he was experiencing with the plumbing and sewer system at the
Pocono Village Mobile Home Park. During the Investigation of those problems, by
the third party purchaser and his representatiJes and by Orchard Hills and Its
representatives, the gravity feed pipe which Defendant had Improperly cut and
disconnected was uncovered and discovered. Upon discovery of the problem, the
third party purchaser rescinded his purchase of the Pocono Village Mobile Home
Park, threatened suit against Orchard Hills and its representatives, and demanded a
refund of all monies paid by him for the purchase of the Pocono Village Mobile Home
Park and all expenses Incurred by him In the attempts to solve and remedy the
prOblem caused by Defendant's defective work.
13. Following several months of negotiations with the third party purchaser,
and several months of further Investigation Into the problem caused by Defendant's
defective work, the principals of Orchard Hills formed a new partnership, Pocono
Village, to re-purchase the Pocono Village Mobile Home Park from the third party
purchaser and negotiated a settlement agreement, on behalf of Orchard Hills and
Pocono Village, with the third party purchaser to pay and reimburse the third party
purchaser his losses and expenses Incurred as a result of the problem at Pocono
Village Mobile Home Park with the plumbing and sewer system. As part of that
agreement and settlement, Orchard Hills and Pocono Village Incurred the following
expenses and had to pay the following Items:
a. Reimbursement of the third party purchaser's out
of pocket expenses for plumbing repairs Incurred In an attempt
to correct the problem $3,185.00
b. Reimbursement of the third party purchaser's
engineering fees Incurred in an attempt to solve the problem $2,853.00
c. Reimbursement of the third party purchaser's
attorney's fees $15.151.00
Total $21,189.00
All of these expenses were paid by Orchard Hills and Pocono Village as a direct
result of the negligent, reckless, and careless actions of Defendant as described
herein above.
14. In addition to the above reimbursements and expenses, Pocono Village
and Orchard Hills Incurred other expenses of their own as a result of the negligence,
carelessness, and recklessness of Defendant. Those expenses and losses are:
a. Settlement costs at Orchard Hills' original
sale to the third party purchaser, which sale was later
reversed $16,675.00
b. Fees paid to All State Septic Systems to
pump sewerage from the Pocono Village Mobile Home
Park and to make certain repairs to the system to
pump sewerage from the Pocono Village Mobile Home
Park and to make certain repairs to the system to
correct the problem caused by Defendant's Improper
actions $14,692.00
c. Engineering and related professional fees and
expenses to Identify and correct the problem caused by
Defendant's Improper work $11,864.00
d. Attorney's fees -...$L736.00
TOTAL $50,967.00
All of these expenses and losses were caused to the Plaintiffs as a direct result of
the negligence, carelessness, and recklessness of Defendant.
15. In addition to the damages and losses described In the foregoing two
paragraphs, the Plaintiffs Incurred other expenses and losses, Including the
following:
a. The Interruption of the activities and business effort of its
owner, employees, and representatives to address and resolve the
problem caused by Defendant's defective work.
b. Public scorn, approbation and humiliation resulting from their
owning and operating a mobile home park with a defective and Illegal
septic and plumbing system.
c. The loss of the bargain they enjoyed from the sale of the
mobile home park to the third party purchaser, which sale had to be set
aside and reversed upon the discovery of the conditions and problems
caused by Defendant's defective and Improper work.
The above damages are not liquidated. Plaintiffs believe that they have suffered
damages, as a result of these items, In a sum In excess of $25,000.00.
16. All of the damages listed above are a direct result of the negligence,
carelessness, and recklessness of the Defendant, All of these damages have been
Interest are denied as such allegations amoul1t to legal conclusions which require no
answer. In the alternative such allegations are denied,
4. Denied as stated. By way of further explanation It Is admitted that during
1994 Orchard Hills owned a mobile home park located in Pocono Township, Monroe
County, Pennsylvania, It Is also admitted that this park was known as Pocono Village
Court or Pocono Village Mobile Home Park, By way of further explanation
Answering Defendant believes that any averments In this paragraph regarding the lawful
operation of a septic and sewer system amount to legal conclusions which require no
answer,
5, Denied as stated. Answering Defendant hereby references and
Incorporates paragraphs 3 of Defendant's Answer as If set forth in full, By way of further
explanation it Is admitted that at all times relevant to the incident averred to in the
Plaintiffs Complaint that the Defendant Melvin W. Spotts was engaged in the business of
excavation and plumbing. By way of further explanation Answering Defendant believes
that the averments in this paragraph suggesting the Defendant was an expert amounts to
a legal conclusion which requires no answer.
6. Denied as stated. By way of further explanation it is admitted that the
Defendant met with various representatives of the Plaintiffs during the fall of 1994 to
discuss ways to remedy the numerous problems with the waste water system at the
Plaintiffs Mobile Home Park. By way of further explanation the averments in this
paragraph are denied generally in accordance with Pa.R.C.P. 1029(e),
3
7. Denied as steted, By way of further of explanation It Is admitted that the
Defendant met with various representatives of Orchard Hills to discuss how the
Defendant Melvin Spotts would be Involved In correcting the numerous problems with the
waste water system within the Plaintiffs Mobile Home Park, By way of further
explanation any averments In this paragraph regarding Defendant Melvin W. Spotts work
being performed In a good and/or workmanlike manner amount to legal conclusions
which require no answer. By way of further explanation the remains of the averments In
this paragraph are denied generally In accordance with PaRC.P. 1029(e). By of further
explanation Answering Defendant submits that the memorandum referred to as Exhibit A
In Plaintiffs Complaint speaks for itself,
8. Denied as stated. By way of further explanation it Is admitted that at
sometime during the fall of 1994 that the Defendant and/or his workers preformed certain
work on the Pocono Village Mobile Home Park. However It is denied that the Defendant
preformed any work In 1995. By way of further explanation any averments In this
paragraph regarding the negllgflnce, carelessness and recklessness of Defendant Melvin
W. Spotts amounts to legal conclusions which require no answer. By way of further
explanation the remains of the averments in this paragraph arf'l denied generally,
9, Denied as stated, By way of further explanation, Answering Defendant
avers that any averments In this paragraph regarding the negligence, carelessness,
recklessness and Incompleteness and danger and/or Illegality of the Defendant, Melvin
W. Spotts work amount to legal conclusions which require no answer. By way of further
explanation the remains of the averments In this paragraph are denied as after
4
reasonable investigation, answering Defendant lacks Information or knowlodge sufficient
to form a basis to the belief as to the truth of the averments contained In this paragraph
and same are therefore denied, strict proof being demanded at trial, If relevant.
10. Denied as stated. By way of further explanation It Is admitted that the
Defendant Melvin W. Spotts did perform certain excavation work at the Plaintiffs property
along with refilling work. By way of further explanation any averments suggesting that
this work was done In a defective. negligent, reckless and/or careless manner amount to
legal conclusions which require no answer. The Defendant denies any averments
regarding the Plaintiff being unaware of problems and/or violation~ at Its property at all
times relevant to the Incident referred to in the Plaintiffs Complaint as after reasonable
Investigation, answering Defendant lacks information or knowledge sufficient to form a
basis to the belief as to the truth of the averments contained In this paragraph and same
are therefore denied. strict proof being demanded at trial. If relevant. By way of further
explanation the remains of the averments In this paragraph are denied generally in
accordance with Pa.R.C,P. 1029(e),
11, Denied as stated. By way of further explanation any averments in this
paragraph alleging that the Defendant Melvin W. Spotts performed any work in a
defective. negligent, reckless and/or careless manner at the Plaintiffs property amount to
legal conclusions which require no answer by way of further explanation the remains of
the averments in this paragraph are denied as after reasonable investigation, answering
Defendant lacks information or knowledge sufficient to form a basis to the belief as to the
5
truth of the averments contained In this paragraph and same are therefore denied, strict
proof being demanded at trial, If relevant.
12. Denied as stated, By way of further explanation any averments In this
paragraph alleging that the Defendant's work was defective, negligent, reckless and/or
careless amount of legal conclusions which require no answer. By way of further
explanation the remains of the averments in this paragraph are denied as after
reasonable Investigation, answering Defendant lacks information or knowledge sufficient
to form a basis to the belief as to the truth of the averments contained in this paragraph
and same are therefore denied, strict proof being demanded at trial, if relevant.
13, Denied as stated. By way of further explanation any averments in this
paragraph suggesting that Defendant Melvin W, Spotts work was performed in a
defective, negligent. reckless and/or careless manner amounts to legal conclusions which
require no Answer, By way of further explanation the remains of the averments in this
paragraph are denied as after reasonable investigation, answering Defendant lacks
information or knowledge sufficient to form a basis to the belief as to the truth of the
averments contained In this paragraph and same are therefore denied, strict proof being
demanded at trial, if relevant.
14. Denied as stated. By way of further explanation any averments in this
paragraph suggesting that Defendant Melvin W. Spotts work was performed in a
defective, negligent. reckless and/or careless manner amounts to legal conclusions which
require no Answer. By way of further explanation the remains of the averments in this
paragraph are denied as after reasonable Investigation, Answering Defendant lacks
6
Information or knowledge sufficient to form a basis to the belief as to the truth of the
averments contained In this paragraph and same are therefore denied, strict proof being
demanded at trial, if relevant.
15, Denied as stated, By way of further explanation any averments In this
paragraph alleging that the Defendant's work was negligent, careless or reckless or
caused the damages as outlined in this paragraph amount to legal conclusions which
require no answer. By way of further explanation the remains of the averments In this
paragraph are denied as after reasonable investigation, answering DElfendant lacks
Information or knowledge sufficient to form a basis to the belief as to the truth of the
averments contained In this paragraph and same are therefore denied, strict proof being
demanded at trial, if relevant.
NEW MATTER
16. All of the damages claimed within the Plaintiffs Complaint were not
proximately caused by the negligence of the Defendant.
17. Some and/or all of the damages contained within the Plaintiffs Complaint
may have been the cause of a superceding or intervening cause,
18, Other parties and/or individuals including the Plaintiff may have been
responsible for causing some and/or all of the Plaintiffs damages.
19. Plaintiffs may have failed to mitigate their damages.
20, Some and/or all of the PI3intiffs claims for damages may be barred by the
applicable statute of limitations.
21. Further discovel)' may show the Plaintiffs have overstated their damages.
7
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SAMUEL L. ANDES
ATTORNEY AT LAW
!'\a~ NOR'!H TWELrrll STRftltT
P. o. BOX 168
LP.MOVNE, PENNSYLVANIA 1704:.1
ORCHARD HILLS ASSOCIATES and ) IN THE COURT OF COMMON
POCONO VILLAGE ASSOCIATES, ) PLEAS OF CUMBERLAND
Plaintiffs ) COUNTY, PENNSYLVANIA
)
vs, ) CIVIL ACTION - LAW
)
MEL SPOTTS and ELIZABETH B, ) NO, 97-4977
SPOTTS, Vd/b/a MEL SPOTTS )
EXCAVATING, ) JURY TRIAL DEMANDED
Defendants )
PLAINTIEfi' 8EPLY TO DEFENDA~TS' NEW MATTER
AND NOW come the above-named Plaintiffs, by their allorney, Samuel L. Andes, and
I make the following Reply to Defendants' New Maller
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16, The statements in this paragraph are merely conclusions of law to which no factual
answer is required, To the extent that a factual answer Is deemed required, Plaintiffs deny that
all of their damages were not proximately caused by Defendants' negligence,
17, The statements in this paragraph are merely conclusions of law to which no factual
answer is required. To the extent that a factual answer is deemed reqUIred. Plaintiffs deny that
any of the damages for which they have made claim against Defendants in this mailer were
caused by superceding or intervening causes.
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Defendants and there is no other party liable or responsible for causing those damages,
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18. Denied. The parties responsible for Plaintiffs' damages in this mailer are the
19. Denied. Plaintiffs took whatever action was available to them to mitigate their
damages in this maller,
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SAMUEL 1.. ANDES
ATTOaNBY AT LAW
5as KOIITH TwaLnH 8TIII_T
P. O. BOX 168
LEMOYNE, PENNSYLVANIA 11043
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ORCHARD HILLS ASSOCIATES and
POCONO VILLAGE ASSOCIATES,
Plolntlffs
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
MEL SPOTTS and ELIZABETH B. SPOTTS.
his wIfe.
NO. 97-4977
Defendants
JURY TRIAL DEMANDED
PLAINTIFFS' OBJECTION TO PROPOSED SUBPOI:NA BY DEFENDANT
AND NOW come the above-named Plaintiffs by their attorney. Samuel L. Andes,
and make the following objection to Defendant's Proposed Subpoena to Steve Kokolus.
based upon the fOllowing:
1. Steve Kokolus and one of the Plaintiffs, Orchard Hills Associates, were previously
involved in litigation arising out of problems in the sewer system at the Pocono Village
Mobile Home Park. Tre problems with the sewer system were the result of defective
work done by Defendant which Is the subject of this litigation.
2. Kokolus and Orchard Hills Associates Wt3re able to resolve the dispute between
them and an important term of their settlement was a confidentiality agreement in
which both parties agreed not to discuss or disclose the nature of the problems. the
details of their dispute. or the details of their settlement.
3. Allowing Defendant to proceed with he Subpoena he proposes would violate
the terms of that confidentiality agreement and would unfairiy prejudice the rights of the
Plaintiffs and the right~ of a third party not involved in this dispute. Steve Kokolus.
WHEREFORE. P/olntiffs object to the issuance of the Subpoena proposed by
Defendant.
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Sam,le L. Andes
Attorr1ey for Plaintiffs
Supmme Court ID 17225
525 l'Iorth 12'h Street
I.em<>yne, PA 17043
(717) 761-5361
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MEL SPOTTS and ELIZABETH B.
SPOTTS, his wife,
ORCHARD HILLS ASSOCIATES and )
POCONO VILLAGE ASSOCIATES, )
Plaintiffs )
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
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NO. 97 -49'77
Defendants
JURY n~IAL DEMANDED
PLAINTIFFS' MOTION FOR DISCOVERY CONFERENCE OR ARGUMENT
AND NOW come the above-named Plaintiffs by their attorney, Samuel L.
Andes, and requests the Court to schedule a conference to resolve outstanding
discovery disputes in this matter, based upon the following:
1. Defendant. served upon Plaintiffs, a Request for Production of
Documents which requested, among other things, information involving the
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Plaintiffs' sale on the mobile home park which is the subject of this action to
Steve Kokolus and information regarding various problems that arose during the
time that Kokolus owned the mobile home park with environmental and other
, regulatory agencies.
2. Defendant thereafter issued a Notice of Intent to serve subpoenas upon
Mr. Kokolus and other parties having information involving environment
problems at the mobile home park which is the subject of this litigation.
'I 3. The information sought by Defendants in their Request for Production
'I and in their proposed subpoenas, this is the subject of a Confidentiality
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Agreement between Plaintiffs and Steve Kokulus which was an interval part of the
1 settlement of disputes and potential litigation between Plaintiffs and Kokolus.
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5. Plaintiffs have proposed a Confidentiality Order to be, entered in this
I matter, which will supply Defendants with the information they require in such a
fashion as to Mtisfy thl~ terms of the Confidentiality Agreement between Plaintiffs
and Kokolus. Attached to this Motion is a copy of the proposed Confidentiality
Order as proposed by Plaintiffs.
6. If Defendants are permitted to proceed with discovery and obtain the
I, information they seek without the entry of an appropriate Confidentiality Order,
, or some other protection from this Court, the rights of innocent third parties, not
involved in this litigation, will be severely prejudice. In addition, the rights of
I Plaintiffs will be severely prejudiced as well.
WHEREFORE, Plaintiffs move this Court to schedule a discovery
conference in this action and, following such discovery conference, to enter a
Confidentiality Order in the form attached hereto and marked as Exhibit A.
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Samue L. An es
Attol'lley for Plaintiffs
Supreme Court 10 # 17225
525 North 12'1. Street
Lemoyne, PA 17043
(717) 761-5361
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COMMONWEALTH OF PENNS,YLVANIA
COUNTY OF CUMBERLANO
ORCHARD HillS ASSOCIATES and
POCONO VilLAGE ASSOCIATES,
Plaintiffs
CIVil ACTION. LAW
v
No. 97.4977
MEL SPOTTS and ELIZABETH
B SPOTTS, Vd/b/a MEl SPOTTS
EXCAVATING
SUBPOENA TO PRODUCE DOCUMENTS OR THINQS
E.OR DISCOVERY PURSUANT TO RULE 4009.22
TO Charles Nicholas
INam, 01 ~'r!On Of EMIli'll
Wltnln M.nty (20) days otter ser'i1Ct of thiS subpoeno. you Jr. order'" by the court to produce the 'ollowlng documerUa or u"ungll
All file matenals Including but not limited to contracts, correspondence. notes, Writings, plans, draWings, plats, permlll
inspection requests and/or notification of approval, etc. for Orchard Hili Trailer Park on behalf of IMS, Bill Goodling,
Orchard Hills Associates and Pocono Village AsSOCiates
., THOMAS, THOMAS & HAFER, LLP, 305 N Front Street, POB 999, Harrisburg, PA 17108
(Address)
Vou may dellljer Or mall legIble COpl.,! or the documl!nts or prOduce ttungs requIsl,a by Ihl5 subpoena. togll"er -/tilt" tM cemnc.1(e ot
compllanc. 10 11'l8 party making ltIlS r&<;UdSI at {"" address Iisled abo... You 1'10\1' It'le 09"1 to seek. In advance. tn. realonable cosl 01
prepanng ltI. COpl.lI or prodUCII1g Ih. ltungs sought
I' you fail to prOduce th. dcx.ument5 or things required by tnlll subpoena, wlll"lIn twl!nry (201 days after lIS se....lCl. the party serving thl$ subpoena
may $Ilk a court order compelU"g ~ou 10 comply 'Nltn II
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON
NAME John Flounlacker EscUlre I ~ /).. ~ -
Is prolhonota""cl~:, C"', OIV"~?
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AOORESS 305 N Front Street POB 999
Harrlsburc PA 17108
TELEPHONE 17171237.713.1
SUPREJ\.IE COlJRT 10 No 73112
~ iTCRI'lE'( FOR Defendants
J~. /..I ;tCJcO
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DATE ...2i18/99
Seal of the Caurt
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