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Home My WebLink About00-05829 ";1;" ~' "__"", 0' , ~">"""".,,,~~,, ,-, ~';~ .'-. "--, ~ -,.,",~,',,,,., - /0:,' ,.~ " 7", -1:."" . 0.';'.; .-~ " ''t' '! , '_!~;~ j I ! FRANK R. BARBA and CYNTHIA L. BARBA, Husband and Wife, Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v, :NO, aJ- S~d.1 &;J .. MR. and MRS. JEFF LEBO t1d/b/a LEBO EXTERIORS Defendants : CIVIL ACTION - LAW NOTICE TO PLEAD 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 is 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 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 Lawyer Referral 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA , . Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la excrita 0 en persona 0 por abogado y archivar en la corte en forma excrita sus defensas 0 sus objectiones alas demande, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. , ~. -.'--,,-,-. -.'"., -~"'-; :-' ; , -",' "~o.. ." 0_ ".",--.' - ,\;~:,,,__~'. -',,; ":', ,>~':;..o;;":;;;,,,,:__,_; FRANK R. BARBA and CYNTHIA L. BARBA, Husband and Wife, Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v, : /1-'n --r~ : NO, 6-0- -5 'f' :l q L.<.u<.-t: , MR. and MRS, JEFF LEBO t/d/b/a LEBO EXTERIORS Defendants : CIVIL ACTION - LAW .' COMPLAINT AND NOW, thiS~ day of August, 2000, come Plaintiffs, Frank R. Barba and Cynthia L. Barba, Husband and Wife by and through their attorney, Lawrence J, Rosen, Esquire, and offer the following averments in support of the within Complaint: 1. Plaintiffs, Frank R. Barba and Cynthia L. Barba, a married couple, reside at 504 Kentwood Drive, Mechanicsburg, Pennsylvania, 17055. 2. Defendants, Mr. and Mrs. Jeff Lebo, a married couple doing business as Lebo Exteriors reside at/do business from 350 Roxbury Road, York Haven, Pennsylvania, 17370 3. On or about July 14,1998, Plaintiffs engaged Defendants to make certain improvements to their residence. More specifically, Plaintiffs engaged Defendants to install a patio around their proposed in ground pool and to install PVC fencing around their backyard where aforesaid pool was to be located for a price of $19,963,00 (See Exhibit A), \ 4. Defendants ostensibly completed their work as contracted for under aforesaid contract in September of 1998. 5, To date Plaintiff has paid Defendants all but $1,000.00 of the agreed contract price. 6. After Defendants completed all work contemplated under aforesaid contract, Plaintiffs discovered that the work contracted for had not been properly completed. --",,"'. ""'" ""'-' - ~'" ,- , "- "".' '~, ~"'f"",,'< "~', , , - ..........1 7, Plaintiffs had contracted with Defendants to install double panel fencing. Defendants installed single panel fencing. 8. Upon completion of the work contracted for, Plaintiffs discovered that the fencing had been improperly installed in that it did not meet B.O,CA Codes. More specifically, twenty seven posts must be reset, four galvanized steel gate posts inserts must be installed, eight 6' sections of back line with longer 7' sections to be cut off to fit existing post locations, use rivets to fasten privacy panels to posts, replace missing lattice channels and properly rivet same to posts, replace two gothic posts caps cut to accommodate shed, replace gates to match rest offence and replace privacy sections which were cut wrong. .. . 9. The cost to replace the existing fence with a double panel fence as per Plaintiffs original understanding and to properly install same will cost $9,455.00. 10. Defendant's installation of the paver stone patio was done improperly causing the stones to sink and causing a water problem in Plaintiffs' basement. 11, Plaintiff informed Defendants of the problems with the paver stones but Defendants failed to take any remedial action. 12. Due to Defendants' failure to properly install aforesaid paver stone patio, Plaintiff's were forced to replace said patio at a cost of $16,314.00 COUNT I BREACH OF CONTRACT \ , 13. Paragraphs one through twelve are incorporated as if fully set forth herein. 14. Defendants failed to provide Plaintiffs' with a double panel fence as per their understanding and failed to properly install the fence which they did provide. 15, Defendants failed to properly install the paver stone patio as per their contract with Plaintiffs. 16. As a result of Defendants' breach of contract, Plaintiffs have suffered damages in the amount of $25.769.00. , ~ 0" " ,,-"_:,,:--,,,,.- ',c .,',''< ~ . ~ ' , ".'~h.,'", " ^, -';; ,,-"'., ,',- d"~ .";; '~"'J"""'"" i "" '~l;; I , I , I I I i ! . WHEREFORE, Plaintiffs demand that judgement be entered on their behalf and . against Defendants in the amount of $25,769.00 plus interest and costs. Respectfully Submitted: KREVSKY & ROSEN, P.C. By ~ n, Esquire 1101 North Fron Street Harrisburg, PA 17102 ID# 1~_.,. .(.Pr1) 234"'4583) ') \... ,/ ,- "H..~g"'."" -,,,...~ ""~- \ . ~"~.. '.. ~ . ^ - 1 ~iIl~' . . . . . . . . EXTE'RIC>RS 350 Roxberry Road. York Haven' PA . 17370 . (717) 938-2875 }'; ESTIMATE or INVOICE NUMBER "" """"'" '" """,.". .,""",.............. NAME ~.....fui...!:LM~~..J~'M..._........_.._........., DATE.:::z.~..l~.~~B..__._......__..._....._.,... .. ADDRESSS:Q4:-KEb!1:'1",";',::iV..:D2-~V:';;;;. """"".",.",."" '.'""""", ",.,"""',.. """ """'" ",.", '.... 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F'e(L $IZ.kw liUM 'SJPPL.'f,~ _ t'~, ^^-.kl'e(LikT-S W<::;"iP-T) i'&VE: u::Pr -n....A I ,,-'LA L 'D.... ~ ,L. <"" .:;",_........ , ..".."\""""m\.."""'}""...oo'n __~,~.~_.._...,,~.. _. _._~'I.-e<::.QL......\~~ """"" "',..",.~.b+~~...tL ~ 6. ceo C-I'<S'" """"""".."""""""""""". +,..,..,..",.."..11"..,,"". i 762..0 c.tt'Ez.K TOl7>.L ..."..."...,....,.."...'L,'___n_ ..,..."....,........,...'''.."..'''..........."....................__mn..mm ,. as~- \9 ;6 '20 .~ cttczK- i'1 qn, ~ I "~~\r:.Th,.l:\:<>tJ.::>wo(1.,j;..~lS..;,.,.,."...,.,"""",., , ,,}1:.'IMe-trV\'Qi'JG>gf'\..E1\wQf:'-'IQg; , :>,',,". '-'''C."''.', ,~"1"' _,.~",,- '-'~' h FRANK R BARBA and CYNTHIA L. BARBA, Husband and Wife, Plaintiffs v, . MR. and MRS, JEFF LEBO t1d/b/a LEBO EXTERIORS Defendants -, '.', ,,~;;'f", ,':",,-;'~ ,:';' - ,~ __ c' c ,:.'_;: ;" ",,___ ' ,; - .,,:~:' ::" :~ .':' ,'..-.' '" ,:",.;' .;-,,,,, ,,; ~ "~"-~ ',,; _ ' - - -;w,,;~ i i il " ~ I ~ I I " I , I I j ~ " I' I! i :1N THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO, :ATLAW VERIFICATION We, FRANK R. BARBA and CYNTHIA L. BARBA, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of our knowledge, information and belief. We also understand that false statements made herein are subject to the ~/1AJcf(~L FRANK R. BARBA I ~ jJ ! I . I " I i ! , . penalties of 18 Pa. C,S, S 4904, relating to unsworn falsification to authorities. DATE: g - :Al-LJO DATE: <O-d.-{-OO . \ ~~.~k CYNT lA L. BARBA .,-~~ .~ , ',c'",' _'_ ~ ',~. ~_" ,;' "'\ ~. .' i Tl r i i , I FRANK R. BARBA and CYNTHIA L. BARBA, Husband and Wife, Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. MR. and MRS. JEFF LEBO Ud/b/a LEBO EXTERIORS Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this :J'hJ day of August, 2000, I, Lawrence J. Rosen, Esquire, attorney for Plaintiffs, FRANK R. BARBA and CYNTHIA L. BARBA, hereby certify that I have this day served a copy of this Complaint in the above-captioned matter, by First Class U.S. Mail, Certified Mail on the following: MR. & MRS. JEFF LEBO 350 ROXBURY ROAD YORK HAVEN, PA 17370 ~ Lawrence J. Ros ,Esquire 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 ~ , .- .. ''->, . OOHB.oO 112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo ebo Exteriors) IN THE COURT OF COMMON PLEAS CuMBERLAND COUNTY, PENNSYLVANIA FRANKR. BARBA AND CYNTlllA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, TIDIBIA LEBO EXTERIORS, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED 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 Answer with New MattBr and Counter CIlI;m Pursuant to Fa.R.C.P. Rule 2252(d) of Defendants. Mr. and Mrs. Jeff Lebo, tJdlb/a Lebo Exteriors to Plaintiffs' 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 Answer with New Matter and Counter Claim Pursuant to Pa.R C.P. Rule 2252(d) of Defendants. Mr. and Mrs. Jeff Lebo. tJdlb/a Lebo Exteriors to Plaintiffs' 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 FVLUth Fh.,vJ. Ci.u-nb. <1. ~:YLlkaa~6\J ~ J..."bE,tdy /Joe..... ~t'k., M J'bJ3 :It.t9 - d / c.. (,.. C9\Ht _~rl-'lR-iJh:~toJ. CQlIlgWl~-~ C6t1.ut)' Cvul.thotlse Cluli.slt>, FA 11613 ('1'1"1') ~-6!eJO . I 0_" "'~ .' lliMlliI! OOHB-OO 112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo ebo Exteriors) IN THE COURT OF COMMON PLEAS CuMBERLAND COUNTY, PENNSYLVANIA FRANKR. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, T/DIB/A LEBO EXTERIORS, DEFENDANT CIVILACTION-LAw JURY TRIAL DEMANDED ANSWER WITII NEW MATTER AND COUNTER CLAIM PuRSuANT TO PA. R.C.P. RULE 2252(D) OF DEFENDANTS MR. AND MRs. JEFF LEBO, T/D/B/A LEBO EXTERIORS TO PLAINTIFFs' COMPLAINT AND NOW, come the Defendants, Mr. and Mrs. Jeff Lebo, tldlb/a Lebo Exteriors, by and through their attorney, Girard E. Rickards, Esquire, in support of Answer with New Matter and Counter Claim Pursuant to Pa.R.C.P. Rille 2252(d) of Defendants Mr. and Mrs. Jeff Lebo, tldlb/a Lebo Exteriors to Plaintiffs' Complaint hereby avers as follows: 1. Admitted, 2, Admitted in part, denied in part, It is admitted that Defendants Mr, and Mrs. Jeff Lebo are a married couple who reside at 350 Roxbury Road, York Haven, PA 17370. It is specifically denied that the Defendants do business as Lebo Exteriors. To the contrary, Lebo Exteriors is a business that is solely owned by Jeff Lebo. . -,- ~,. .- iltl q I I " 3. Admitted, 4. Denied as stated. To the contrary, the contracted job was actually completed in September of 1998, S. Admitted. 6. Each and every averment of paragraph 6 is specifically denied and strict proof thereof is demanded at the time of trial. 7, Admitted in part, denied in part. It!S specifically denied that the Plaintiffs contracted to install double panel fencing. It is admitted that employees of Lebo Exteriors installed single panel fencing in accordance with the parties' agreement 8. Each and every averment of paragraph 8 is specifically denied and strict proof thereof is demanded at the time of trial. 9. Each and every averment of paragraph 9 is specifically denied and strict proof thereof is demanded at the time of trial. 10. Each and every averment of paragraph 10 is specifically denied and strict proof thereofis demanded at the time of trial. 11. Admitted in part, denied in part. It is admitted that the Plaintiffs informed Defendant Jeff Lebo in March of2000 that the Plaintiffs believed that paver stones were improperly installed, It is specifically denied that the Defendants failed to take any remedial action. To the contrary, Defendant Jeff Lebo called the Plaintiffs and said he would fix the problems with the paver stones, but the Plaintiffs would not permit Mr. Lebo to conduct the repair. 12. Each and every averment of paragraph 12 is specifically denied and strict proof thereof is demanded at the time of trial. -' . , , IC'l'!I;J, 13. Paragraphs one (1) through twelve (12) of the Defendants' Answer with New Matter and Counter Claim are incorporated herein by reference. 14. Each and every averment of paragraph 14 is specifically denied and strict proof thereof is demanded at the time of trial. 15. Each and every averment of paragraph ISis specifically denied and strict proof thereof is demanded at the time of trial. 16. Each and every averment of paragraph 16 is specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants Mr. and Mrs. Jeff Lebo, t/d/b/a Lebo Exteriors respectfully request your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice, NEW MATTER 17. The Plaintiffs' claims are barred by the doctrine of waiver and/or estoppel. 18, Defendant Jeff Lebo, t/d/b/a Lebo Exteriors at all times relevant hereto performed the work in accordance with the parties' agreement. 19. The Plaintiffs' claims are barred by the doctrine of unclean hands. 20, The Plaintiffs' claims are barred because they failed to permit Defendant Lebo Exteriors the opportunity to correct any alleged defect in the work 21. Defendants believe and therefore aver that the Plaintiffs have failed to mitigate their losses. WHEREFORE, Defendants Mr. and Mrs, Jeff Lebo, t/d/b/a Lebo Exteriors respectfully request your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice, w'"'" 6. -' , - <~ I_t,,: COUNTER CLAIM 22. Paragraphs one (1) through twenty-one (21) of the Defendants' Answer with New Matter and Counter Claim are incorporated herein by reference. 23. The Plaintiffs both failed to pay Defendant Jeff Lebo, t/d/b/a Lebo Exteriors, $1,000.00 in accordance with the parties' agreement. 24. The final payment of$I,OOO.OO was due in September of 1998. 25. The Plaintiffs have breached their agreement and are liable to Jeff Lebo, t/d/b/a Lebo Exteriors in the amount of $1,000.00, plus interest at the judicial rate from September 1998 to the present and said interest continues to accrue. 26. The Plaintiffs have been unjustly enriched by the efforts of Jeff Lebo, t/d/b/a Lebo Exteriors in that work was performed on behalf of the Plaintiffs, which work was not a part of the agreement referred to in the Plaintiffs' Complaint. WHEREFORE, Defendant Jeff Lebo, t/d/b/a Lebo Exteriors respectfully request your Honorable Court to enter judgment in an amount not in excess of the compulsory arbitration limits together with interest and costs, Respectfully submitted, Date: Seotember 29.2000 ~ ~" , j'~,' OOHB-001l2 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo ebo Exteriors) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANK R. BARBA AND CYNTlllA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, TID/B/A LEBO EXTERIORS, DEFENDANT CIvIL ACTION - LAw JURY TRIAL DEMANDED VERIFICA TION I, Mr. and Mrs. Jeff Lebo, verify that the statements made in the foregoing Answer with New Matter of Defendants. Mr. and Mrs. Jeff Lebo. t/d/b/a Lebo Exteriors. to Plaintiffs' Complaint 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 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Dated: 9 p&' ;/;tI ~1J~,Affi (Lebo Exteriors) ""'~ ~ '" -, " , " . , OOHB-oO 112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Bill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo ebo Exteriors) IN THE COURT OF COMMON PLEAS CuMBERLAND COUNTY, PENNSYLVANIA FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT CIvIL ACTION - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a me and correct copy of Answer with New Matter and Counter Claim Pursuant to Pa,R.C.P. Rule 2252(d) to of Defendants Mr. and Mrs. Jeff Lebo. t/d/b/a Jeff Exteriors to Plaintiffs' Comnlaint to be served by regular first class mail upon: Dated: S~tember 29. 2000 Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, P A 17102 ~ . c s, qUlre Attorney for Defendants FRANK R. BARBA AND CYNTHIA L. BARBA, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MR. AND MRS. JEFI<' LEBO T/D/B/A LEBO EXTERIORS, Defendants NO. 00-5829 CIVIL NOTICE OF ARBITRATION HEARING The Board of Arbitrators appointed in the above captioned case, have fixed Thursday, July 3, 2003, at 10:00 o'clock, A. M., in the Second Floor Hearing Room of the Old Courthouse, Carlisle, Pennsylvania, as the time and place for the hearing, Anyone finding this time unsuitable will please make appropriate arrangements with all counsel involved for another time, including the scheduling of the Hearing Room. ~~ Jo n M. Eakin, Chairman May 23, 2003 cc: JoAnne E. Kinzel, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, P A 170 II Attorney for Waifltiff r>+a'J Michael J, Hanft, Esquire 19 Brookwood Street Carlisle, PA 17013 Arbitrator Lawrence J, Rosen, Esquire Krevsky & Rose, P.C. 1101 North Front Street Harrisburg, P A 17102 Attorney for Ddbu:lttnt (l.f~#I Mary Lou Matas, Esquire 200 North Hanover Street Carlisle, P A 17013 Arbitrator Office of Court Administrator I Court House Square Carlisle, PA 17013 Bulletin Board -, ,,', ;"''-'''''' '._" ",~,';',":"_;"'~'''f-:h'h;.",~'" M" , FRANK R. BARBA and CYNTHIA L BARBA, HUSBAND and WIFE, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5829 v. MR. and MRS. JEFF LEBO, t/d/b/a LEBO EXTERIORS, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO NEW MATTER AND COUNTERCLAIM AND NOW, come Plaintiffs, Frank and Cynthia Barba, by and through counsel, Lawrence 1. Rosen, Esquire, and offer the following response to Defendants' New Matter and Counterclaim: ANSWER TO NEW MATTER 17, Denied. No response is required as averment constitutes a legal conclusion, Insofar as a response may be required, Plaintiffs specifically deny that their claim(s) are barred by the doctrine or waiver or that they are estopped from pursuing their claim(s). 18. Denied. It is specifically denied that Defendants performed their obligations under the subject contract in accordance with the provisions therein, 19. Denied, No response is required as averment constitutes a legal conclusion, Insofar as a response may be required, it is specifically denied that Plaintiffs' claims are barred by the doctrine of unclean hands. , 20. Denied. Plaintiffs did provide Defendants with the opportunity to correct the problems associated with his failure to properly execute his obligations under the subject contract. Defendants failed and/or refused to make the appropriated modifications necessitating Plaintiffs' obtaining help for other, more qualified, contractors. ';"" ~,~ - , -,' '" r __,~,,__j ': v, -': ,,:~< ~-"''';'';;~;\;:''':'::~;'"''''.';,,:,' " , l~"o_ 21. Denied. Plaintiffs have done everything possible to mitigate their damages, Wherefore, Plaintiffs demand that judgement be entered in their favor including interest and costS. PLAINTIFFS' RESPONSE TO DEFENDANTS' COUNTERCLAIM 22, No response required, 23. Admitted in part, Denied in part. It is admitted that Plaintiffs failed to make a final payment of$1,000.00 in accordance with the payment provisions of the subject contract However, at the time that said payment was required to be made, Defendants had breached said contract by failing to provide the goods and/or services provided by said contract therefore obviating Plaintiffs' obligation to pay for same, 24. Admitted, 25. Denied. It is denied that Plaintiffs' breached their Agreement with Defendants as their final payment of $1 ,000, 00 was contingent upon the proper completion of Defendants' obligation under said Agreement Defendants failed to properly complete said obligation(s) thus obviating Plaintiffs' obligation to make said final payment 26. Denied. It is denied that Plaintiffs have been unjustly enriched as any work performed by Defendants not mentioned in the Agreement constituted unsuccessful attempts by Defendants to correct mistakes made in their attempt to carry out their obligations under the subject Agreement WHEREFORE, Plaintiffs respectfully request that Your Honorable Court dismiss Defendants' counterclaim with prejudice. Respectfully submitted: . , \ KREVSKY & ROSEN, P.c. By: ~ nce ,Rosen, Esquire 110 North Front St Harrisburg, P A 17102 ID# 10625 (717) 234 4583 . ~,',' , r._ :,'~'-" ,,,,,<,-c'~: ~',~, ,',":,-: ~ " , 1""",",-" FRANK R. BARBA and CYNTHIA L BARBA, HUSBAND and WIFE, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5829 v. MR. and MRS, JEFF LEBO, t/d/b/a LEBO EXTERIORS, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED VERIFICATION We, FRANK R. BARBA and CYNTHIA L BARBA, hereby verify that the information contained in the foregoing Answer is true and correct to the best of our knowledge, information and belief. 1 also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATE:~ 1~k FRANK R BARBA " \ DATE:~ ~Mj.fJ(/JI)P - C HIA L BA A ,'"'".". - - , "~ -- ,- "" ,~ ' "_; ~i.ci !",' _',_' c '" ;j..'".., ;.... -:~,,',' 'l":_:~o",_,; " -- ~i FRANK R. BARBA and CYNTHIA 1. BARBA, HUSBAND and WIFE, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5829 v. MR. and MRS. JEFF LEBO, tJd!b/a LEBO EXTERIORS, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, thiS~ day of _'U'6\fe..tM~ ,1999,1, Aimee 1. Paukovits, for the Law Firm ofK.REVSKY & ROSEN, P,C on behalf of Plaintiffs, FRANK R. BARBA and CYNTHIA 1. BARBA hereby certify that I have this day served a copy of the foregoing Answer in the above-captioned matter, by First Class U.S. Mail on the following: GIRARD E. RICKARDS, ESQUIRE JACOBS & SABA 214 SENATE AVENUE SUITE 503 CAMP HILL, PA 17011 , (hl'fl 0 ~llj(oDclo Aimee 1. Paukovits 11 0 1 North Front Street Harrisburg, PA 17102 (717) 234-4583 ~' . ~ "'~~i '" ,.,. OOHB-001l2 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo Lebo Exteriors) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANK R. BARBA AND CYNTIDA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this ~ It day of - .J,g}), , 2001, upon consideration of the Defendants' Motion to Compel DiscoveI:Y, it is hereby ORDERED that: (1) A Rule is issued upon the Plaintiffs to show cause why said Motion should not Rule Returnable 2.0 days after service of this Rule. ) t~q.~~ L-I be granted. BY THE COURT: ij 0 :2 bid 8 I tl:!r I' J. \liN\fi\lA8N~~::d I "'nr,.~, r1\"ru.j:,c,lNn8 I\..LI" \,~;,-) \'--'1 ;, "-.' ^tl\jlL;<C'j{.c:k]')~1' :;r.:,..j,.!n-.IJ..i Ii,j :.::I>)i_I.. -....- '- .,' - ...tr ~ ,"~, . '~ ~ - ,. "" , -, < OOHB-001l2 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo ebo Exteriors) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANKR. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, TIDIBIA LEBO EXTERIORS, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this Day of 2001, upon consideration ofthe Defendants' Motion to Compel Discovery, said Motion is hereby GRANTED, The Plaintiffs are ordered to provide answers to the Defendants' Interrogatories and a response to the Defendants' Request for Production of documents within days of service of this Order, or suffer sanctions pursuant to Pa,R.C.P. Rule 4019. BY THE COURT: Date: 1. " ~" , ..........i, OOHB-001l2 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendaut Lebo ebo Exteriors) IN THE COURT OF COM)\iONPLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANKR. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL DISCOVERY 1. This action was commenced by Complaint or about August 24, 2000. 2. In the Complaint, the Plaintiffs seek damages as a result of an alleged breach of contract by the Defendants for the installation of a patio and fence at the Plaintiffs' residence around their in-ground pool. 3. On December 12, 2000, counsel for the Defendants served upon Plaintiffs' counsel a set ofInterrogatories in accordance with the Pennsylvania Rules of Civil Procedure. A true and correct copy of the Defendants' Interrogatories to the Plaintiffs are attached hereto as Exhibit "A" and incorporated herein by reference. ~,. J.i>lJ':i<' , 4. On December 12, 2000, counsel for the Defendants served upon Plaintiffs' counsel a Request for Production of Documents in accordance with the Pennsylvania Rules of Civil Procedure. A true and correct copy of the Defendants' Request for Production of Documents to the Plaintiffs are attached hereto as Exhibit "B" and incorporated herein by reference. 5. As of this date, the Plaintiffs have failed to serve answers to Interrogatories, a response to Request for Production of Documents or objections thereto. 6. The Plaintiffs' discovery responses are overdue. 7. Without having the Plaintiffs' answers to Interrogatories and response to Request for Production of Documents, the Defendants are unable to identify witnesses and complete discovery in this matter. WHEREFORE, Defendants Mr. and Mrs. Jeff Lebo t/dIb/a Lebo Exteriors respectfully request your Honorable Court to enter an Order compelling the Plaintiffs to serve answers to Interrogatories and a response to Request for Production of Documents within twenty (20) days or suffer sanctions pursuant to Pa.R.C.P. 4019. Respectfully submitted, Date: June 11. 2001 By: Girard . Rickards, Esquire Attorney for Defendants Identification No. 58867 2 ,'~~ ~ j" ., -1~1 OOHB-OO 112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo Lebo Exteriors) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, T/D/BfA LEBO EXTERIORS, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES ADDRESSED TO: Frank R Barba and Cynthia L. Barba, Plaintiffs clo Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Attorney for Plaintiffs The Defendant propounds the following Interrogatories to be answered under oath pursuant to Pa. R.C.P. 4005, 4006 by the Plaintiff(s) within thirty (30) days after service. ~~ " . -, , ! &J'l.L The foregoing Interrogatories are to be regarded as continuing and you are requested to provide, by way of supplementary answers thereto, such additional information as may hereafter be obtained by you, or any person on your behalf, which will augment or otherwise modify any answers now given to the foregoing Interrogatories pursuant to Pa. R.C.P. 4007.4. Such supplemental responses are to be served upon the Defendant seasonably after receipt of such information. 1. Personal information, please state: a. Your full name; b. Each other name, if any, which you have used or by which you have been known; c. The name of your spouse at the time of the incident and the date and place of your marriage to such spouse; d. The address of your present residence and the address of each other residence which you have had during the past five (5) years; e. Your present occupation and the name and address of your employer; 2 ,~~ , I~ f Date of your birth; g. Your Social Security number; h. Your military service and positions held, if any; and 1. The schools you have attended and the degrees or certificates awarded, if any. 2. Insurance - If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: a. The name of the insurance carrier which issued the policy; b. The named insured under each policy and the policy number of each policy; c. The type(s) and effective date(s) of each policy; d. The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and 3 ,-~ .. l<,,-_ , j~i e. Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. 3. Expenses - List and describe all expenses and losses that you have incurred because of this incident. 4. Factual basis for claims and defenses. - State with particularity the factual basis for each claim or defense you are asserting in this case. 5. Witnesses. a. Identify each person who (1) Was a witness to the incident through sight or hearing and/or (2) Has knowledge off acts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. 4 ~f.__~ .J _ ~ -. - ,~ , _liIi!\<! 6. Statements - If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: a. The identity of such person; b. When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and c. The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. 7. Reports of incident. - Identify documents (except reports or experts subject to Pa.R. C.P. No. 4003.5) which describe the incident or the cause thereof. 8. Demonstrative evidence. - If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, states: a. The nature or type of such item; 5 ~>~ ~~ ;=~ ',' "j~lW-' b. The date when such item was made' , c. The identity of the person that prepared or made each item; and d. The subject that each item represents or portrays. 9. Trial preparation material. - If you, or someone not an expert subject to Pa.R.C.P. No. 4003.5, conducted any investigations of the incident, identify: a. Each person, and the employer of each person, who conducted any investigation(s); and b. All notes, reports or other documents prepared during or as a result ofthe investigation(s) and the persons who have custody thereof. 10. Trial Witnesses. - Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state your relationship with the witness and the substance of the facts to which the witness is expected to testify. 6 -,J -,' ~ i ~~ 11. Expert Witnesses. - IdentifY each expert you intend to call as a witness at the trial of this matter, and for each expert state: a. The subject matter about which the expert is expected to testify; and b. The substance of the facts and opinions to which the expert is expected to testifY and a summary of the grounds for each opinion. 12. Trial Exhibits. - IdentifY all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. 13. Books, magazines, etc. - If you intend to use any book, magazine, or other such writing at trial, state: a. The name of the writing; 7 ~~-~ l:~ , b. The author of the writing; c. The publisher ofthe writing; d. The date of publication of the writing; and e. The identity of the custodian of the writing. 14. Admissions. - If you intend to use any admission(s) ofa party at trial, identify such admission(s). 15. Have you ever been convicted of a non traffic offense? If so, state: a. The court and state in which you were convicted; b. The nature of the crime of which you were convicted; 8 , ..f-,y, , c. Whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendre; d. The date of your conviction(s); e. The name and address of the tribunal imposing your sentence; f The title of the case and case number assigned by said tribunal; g. The nature of the sentence imposed; and h. The dates and places of any facility in which you were incarcerated. 16. In paragraph 8 of the Plaintiffs' Complaint, you alleged that the Defendant's work did not meet the B.O.C.A. Codes. IdentifY specifically each section of the B.O.C.A. Codes with which you allege the Defendant's work failed to comply. 9 ~~~ <-" I". _.K 17. Do you contend that the B.O.C.A. Codes have been adopted by your local township? If so, please indicate the date that the B.O.C.A. Codes were adopted by your township. 18. If you have been notified by your local municipality that any of the Defendant's work failed to comply with the township codes, please state: a. The date that you received this notification; b. Whether the notification was verbal or in writing; c. The individual or individuals from the township who notified you of the problem; d. The specific nature of the codes violation noted; and e. The result of any action taken by the township against you as a result of said code violation. 10 " "- ,', l~k: 19. Paragraph 7 of your Complaint alleges that the Defendant was contracted to install double panel fencing. Please identifY and provide a copy of any writing, note or brochure that indicates that the contract called for double panel fencing as opposed to single panel fencing. 20. Please state any and all facts supporting your claim against Mrs. Lebo, together with a name and address of all witnesses who have first hand knowledge of the facts that you allege support a claim against Mrs. Lebo. 21. If you have had any work done by way of remediation or repair relating to your claims against the Defendants, please state the following: a. The dates on which any remedial action or repairs were performed; b. The specific nature of said repairs or remediation; c. The names of all persons who performed said repairs or remediations; and 11 " ,~ _ J _ .~ L . d. Toe cost of said repairs or remediation. 22. Paragrapol2 of the Plaintiffs' Complaint allege that the Plaintiffs were forced to replace the paver stones. Please state with particularity what was done with the paver stones that were installed by the Defendant, together with the amount received as salvage value for the paver stones that were installed by the Defendant. Respectfully submitted, Date: December 12. 2000 irard E. 'ckards, Esquire Attorney for Defendant Identification No.58867 12 ~.,._--_..- , , '. , OOHB-OO 112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo Lebo Exteriors) IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANlA FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, TfDfBfA LEBO EXTERIORS, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of Defendant's Interrog:atories Addressed to Plaintiffs to be served by regular fIrst class mail upon: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Dated: December 12. 2000 ~~. Grrar . c s, qUire Attorney for Defendants " -',,- , , OOHB-OO 112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo Lebo Exteriors) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, TfDfBfA LEBO EXTERIORS, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS UNDER Pa. R.C.P. 4009 ADDRESSED TO: Frank R. Barba and Cynthia L. Barba, Plaintiffs c/o Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Attorney for Plaintiffs You are directed to produce the following documents pertaining to the incident, occurrence, or accident described in Plaintiffs' Complaint for inspection and copying at the offices of Jacobs & Saba, 214 Senate Avenue, Suite 503, Camp Hill, PA, 17011, pursuant to Pennsylvania Rule of Civil Procedure 4009: -~,- . " . , . 1. All writings, notes, or correspondence that in anyway relate to the contract referred to in the Plaintiffs' Complaint. 2. All writings, notes, or receipts for goods or services contemplated or completed to remedy the alleged deficiencies in the Defendant's work under the contract referred to in the Plaintiffs' Complaint. 3. A curriculum vitae, resume or list of qualifications of any persons whom you intend to call as an expert witness at the trial of this matter. 4. Any and all reports or drafts of reports, notes and correspondence from an expert that you intend to have testify at the trial of this matter. 5. All writings, notes, or correspondence between yourselves and your local municipality regarding Violations of the township or B.O.CA codes that in any way relate to this lawsuit. 6. All exhibits that you intend to use at the trial of this matter. 7. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing the incidents giving rise to this action and any defenses thereto. 8. All photographs and/or videos taken or diagrams prepared concerning this matter or the real estate or instrumentalities involved therein. 9. Identify and produce any and all documents containing the names and home and business addresses of all individuals who may be potential witnesses in this case. . . . 40 " , ,. . 10. Identify and produce all documents which describe the incident referred to in the Plaintiffs' Complaint or damages arising therefrom. Respectfully submitted, Date: December 12. 2000 By,LA~&SABA 'iiirard E. 'ckards, Esquire Attorney for Defendant Identification No.58867 ~~ - , . " , . . , . " r.' .. OORB-OO 112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA l7011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo Lebo Exteriors) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, TfDfBfA LEBO EXTERIORS, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of Defendant's Request for Production of Documents Addressed to Plaintiffs to be served by regular first class mail upon: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Dated: December 12. 2000 ~ Girard E. Rickards, Esquire Attorney for Defendants " . ~ ~ '<\i . .. . , . " .. .J . ...' . OOHB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp HiD, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo ebo Exteriors) IN THE COURT OF COM)\iONPLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, T/D/BfA LEBO EXTERIORS, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of Motion to Compel DiscoveJY to be served by regular fIrst class mail upon: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Dated: June 11. 2001 ~ ?43'irard E. Rickards, Esquire Attorney for Defendants , , ' ~LLt-'-j~ ~ OOHB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo ebo Exteriors) IN THE COURT OF COM)\iON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANK R. BARBA AND CYNTIllA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, TfDIB/A LEBO EXTERIORS, DEFENDANT CIVILACTION-LAw JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, Mr. and Mrs. Jeff Lebo, tld/b/a Lebo Exteriors. Respectfully submitted, Date: Se.ptember 19. 2000 By: E. 'ckards, Esquire Attorney for Defendants Identification No.58867 ~~ "~~ 'd ' r"ij'. ,.. ", ..... OOHB-OO 112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo ebo Exteriors) IN THE COURT OF COM)\iON PLEAS CuMBERLAND COUNTY, PENNSYLVANIA FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. No. 00-5829 MR. AND MRS. JEFF LEBO, T/DfBfA LEBO EXTERIORS, DEFENDANT CIVILACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of Entry of Aooearance to be served by regular first class mail upon: Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 Dated: S~tember 19. 2000 ~ / Girard E. Rickards, Esquire Attorney for Defendants ~~.". -~~ .' ,. .' OOHB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Lebo (Lebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA HUSBAND AND WIFE, (PLAINTIFFS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 YS. MR. MRS. JEFF LEBO T/D/BfA LEBO EXTERIORS, (DEFENDANTS) CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, Mr. and Mrs. Jeff Lebo, t/d/b/a Lebo Exteriors. Respectfully submitted, LAW OFFICES JACOBS & SABA Date: DecemberlO, 2002 JoAnri , re 214 Sena Avenue, Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 55453 (Attorney for Defendants) .' p " OOHB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Lebo (Lebo Exteriors) FRANK R. BARBA AND CYNTIllA L. BARBA HUSBAND AND WIFE, (PLAINTIFFS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 VS. MR. MRS. JEFF LEBO T/D/B/ A LEBO EXTERIORS, (DEFENDANTS) CIVIL ACnON - LAW JURY TRIAL DEMANDED CERTIFICATE OF SER\TICE , JoAnne E. Kinzel, Esquire hereby certifies that she is the attorney for the Defendants herein, and that she caused a true and correct copy of Entrv of Appearance to be served by regular first class mail upon: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Date: December 10, 2002 ~jffiH,....._q"";il\fu;;1!5i!i'iJli.4!;::1ilI!I!i~i$;~if.~~M~i!-Mi~~p___~,rrR'i;%!%iI;,i1'i'j!,;\;ffilil.;::J.u'Iy"",""'\f!!~rlt,ji.&~r"."-'"~ '.~ j .,- ~ IIIl1ii._iJl..... ci:!lm: '~I .)!l;- ~-, - - ,,;~ ... . ,. ",o.~~ ,. - ~, ., - , ~ ill "'", :1 'I 'I 'I 'I !: :1 " 'I ] , I , 1 I 1 , I i I , .] :-1 II i'l ] I (") 0 C) C '" ".. --n l)(-'fi W 2~;:: f"'1 C-, " ,--'~ 0;5~> - rn ~[~- 0' , CJ ", (::-.1 .;:;; ;:0. -'1- ~- C) :JI: ~t ; ~C' . . 5 ~:;; (-) >.=: f'l'; 2' '-' ~ :;j D ::>' ::0 , (..) -< " ... , ,-.- ~-', .~.. ORDER OF COURT AND NOW, ~ r; , 20tY _~ in consideration of the attached petition, a~~ ' Esquire, , Esquire, and ~~ ~ ~ ~uire, are appointed arbitrators in the a ove- captioned action as pI yed for. BY THE COURT, ~ P.I IDI~-" -, ~~~.M__~~~-l!IIJIiIjIlo"'mL;'''i!~,~~2t&~~ilil!M.?:!JiiJi(lJ' ,_.,"",~o '"~ _" ,,_<J~, ~,~~. .~' " " "'-'- >-- ". \i1N\i,\1,~S~M3d , ~._ ,", ,."."",rl" !~JHnl./) (-\,," ':-j,"::tl:'ii v ,,",p ."? f ~ :-:!U ,(, J1j\/i,,;.'~-;: --,' t.,. ,'-'" I ~~,iL;:L .... ,"",,-- L.' -~ ;-.:-f:';"l -~ '"' <", '.' --r--~!"~ .:.\0 , ~~~ .-........- .~- - .,- ~-, - ~'> ... , OOHB-00112 FRANK R. BARBA AND CYNTIDA L. BARBA HUSBAND AND WIFE, (PLAINTIFFS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 VS. MR. MRS. JEFF LEBO T/D/B/A LEBO EXTERIORS, (DEFENDANTS) CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOIl'lTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: JoAnne E. Kinzel. Esquire, counsel for the Defendants in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $25.000.00 or less. The counterclaim of the Defendant in this action is $ 0 The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: JoAnne E. Kinzel. Esquire, Attorney for Defendants Lawrence J. Rosen, Esquire, Attorney for Plaintiffs WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, LAW OFFICES OF JACOBS & SABA Date: Februarv 28. 2003 By: JoA el, Esquire Attorney ti r Defendants ldentific ion No. 55453 H L'_~ . -" " . . OOHB-001J2 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 € ..::-.-~ Telephone Number: (7 7) 731-0988 Attorneys for Defendant Lebo (Lebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA HUSBAND AND WIFE, (PLAINTIFFS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 VS. MR. MRs. JEFF LEBO T/DfBfA LEBO EXTERIORS, (DEFENDANTS) CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire hereby certifies that she is the attorney for the Defendants herein, and that she caused a true and correct copy of Petition for Appointment of Arbitrators to be served by regular first class mail upon: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Pront Street Harrisburg, PA 17102 Date: February 28. 2003 "',I.y-:.,., '," ''-'-'Iiiaol~flWiiil~_~~~i;'>H\.-it&'!H:<if'&a<<ll~",;,,,,,",,,ii;,;W_lil~'~--.ti&''JIllllf'''-~ <~ nf.oo~.:l(j~!l:I:Il'~ ~~" . . ~ ' Ii i'i " " !,i i'! i'! :i ii (') C CJ C (."J -on <: - ,_. -00:5 -'- _.~ ~, :.t~ CA. g;!Pl ;;0 ;..;;;::: ~ :::rJ , zr;', , HE < , ~~~', (.n ':ic) ~. ~ ~C.: -0 ;~.~ ....... ~ ~~ ;:J.:: ~ \ ... \. '. :Zc' \ ~ 5(::: ::::\ ~ .,., ')J +:"" ~ ~ <X> ~, \ ~ t Jh~\~L - ~. ~.~. . ~,,- L -, ~ ." ,,",- ~ --- ,: FRANK R. BARBA AND CYNTHIA L. BARBA, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MR. AND MRS. JEFF LEBO T/D/B/A LEBO EXTERIORS, Defendants : NO. 00-5829 CIVIL NOTICE OF ARBITRATION HEARING The Board of Arbitrators appointed in the above captioned case, have fixed Thursday, July 3, 2003, at 10:00 o'clock, A. M., in the Second Floor Hearing Room of the Old Courthouse, Carlisle, Pennsylvania, as the time and place for the hearing. Anyone fmding this time unsuitable will please make appropriate arrangements with all counsel involved for another time, including the scheduling of the Hearing Room. J~~' Chairman May 23, 2003 cc: JoAnne E. Kinzel, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Attorney for Plaintiff Lawrence 1. Rosen, Esquire Krevsky & Rose, P.C. 1101 North Front Street Harrisburg, PAl 71 02 Attorney for Defendant Michael J. Hanft, Esquire 19 Brookwood Street Carlisle, P A 17013 Arbitrator Mary Lou Matas, Esquire 200 North Hanover Street Carlisle, PA 17013 Arbitrator Office of Court Administrator 1 Court House Square Carlisle, PA 17013 Bulletin Board -,,"- 0< '" ~ ' ..-J_ / ~cw.1 R, ~~ f',,_. lJ.. ~ l ~ 'fvv,,-- r;~ V ~J). ~.W m.., 0.b T/~/ilt:} A ' D~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D 6 - 5 n '! ' TERM ~ OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) _o<~ ~A ,~ t/fJt/ i #~i11 ~;ti; ~~MJ <<' 4t~("')~'DO} ~ ~~~J -tv.t i",l ~ r r ~AA.-#' (M",'~t <1/'(160,0#, . Arbi Date of Hearing: .3 Date of Award: 0.3 NOTICE OF ENTRY OF AWARD Now, the "'.MA. day of rAt; , 2003 , at ~::J..L, g.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Artibitrators'compensation to be ~ R. R ~.. r- " Paid upon appeal: Prothonotary $ 290.00 By: ~-L (1 ~ ~,,~",.!'"i:',.o';';i:.,d~' ,,;~":~i,'.!~;':'Pi"f':".k,;~,~""''''~'''') ..c""."~<~,:-,,,,. O_".!-_'""---'='''-''-'_'''''"";~,'oij:l:;:-~;l!~it"'"'''''''''"'IliIi!1l!*",l.illl""li~",,,','IMM!.'.~-Wil~<-i-.....ooliblQ~'~"'""'~ ~lIlIli1llil1!1fi _'__0 -- ~ ~'~.(~w,80. ~ )J~-IF < ~ CJwu-, * (~~. ~~/k~ i: ! () c;., 0 C r:....; ....., ;:: S= "'0 OJ ~rTi ~- "f:; ;XC f: :ZT , L'J (t)J> L-' -<::2: , ,<C () ----;:-.1 .~~~~ ~0 ---.,.. 0 ;<>c:: c..:J (srn Z '" ~ ~ :D - -< Uf ~"~ ~~ '7,2_03 ~ ~.dd 1:c ;f~ 9. d~ Sy" ~ .. ... - ~] . OORB-OOI12 KREVSKY & ROSEN, P.C. Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102-3324 Telephone Number: (717) 234-4583 Attorneys for Plaintiffs FRANK R. BARBA AND CYNTHIA L. BARBA HUSBAND AND WIFE, (PLAINTIFFS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 VS. MR. MRS. JEFF LEBO T/D/BI A LEBO EXTERIORS, (DEFENDANTS) CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE THE DOCKET TO THE PROTHONOTARY: Please mark the above-captioned docket settled, discontinued and ended. KREVSKY & ROSEN, P /// Date: '1 /s ./ ( ) I ' By: ~_..iIil,*~ili!llllml~~;jjIr~~!!i!<.~I~f"l::i~'H",<ird;i,;',,,~;;j~",;jfu,..~illi...,,,,-~lW.liIJt; ili.>"".liiIl!iiaMM,,~" - !i , i 1,1 2 '-'. ,-", '...,- ',-~ '-"'~ , -'r'j s: c::> ::::-...> -UI-"" :...., ~Ij~ S2~t~ -, ~s" ._d '-,- ::< '.2:. '-j~~~ ,<C "0 .<-.- ->l *2~ :::<6: <)c~ Z'.ff'\ :Pc "'.;) ~ z. c>' :u :2 (!\ =-< " ,-.. ," '.'. ,. - "~-,' ,." ,"~~ FRANK R. BARBA and CYNTHIA L. BARBA, Husband and Wife, Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Mo MR. and MRS. JEFF LEBO t/d/b/a LEBO EXTERIORS Defendants · CIVIL ACTION - LAW NOTICE TO PLEAD 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 is 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 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 Lawyer Referral 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la excrita o en persona o por abogado y archivar en la corte en forma excrita sus defensas o sus objectiones a las demande, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIClON, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENClA LEGAL. FRANK R. BARBA and CYNTHIA L. BARBA, Husband and Wife, Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA MR. and MRS. JEFF LEBO t/d/b/a LEBO EXTERIORS Defendants · CIVIL ACTION - LAW COMPLAINT AND NOW, this c~ day of August, 2000, come Plaintiffs, Frank R. Barba and Cynthia L. Barba, Husband and Wife by and through their attorney, Lawrence J. Rosen, Esquire, and offer the following averments in support of the within Complaint: Plaintiffs, Frank R. Barba and Cynthia L. Barba, a married couple, reside at 504 Kentwood Drive, Mechanicsburg, Pennsylvania, 17055. Defendants, Mr. and Mrs. Jeff Lebo, a married couple doing business as Lebo Exteriors reside at/do business from 350 Roxbury Road, York Haven, Pennsylvania, 17370 On or about July 14, 1998, Plaintiffs engaged Defendants to make certain improvements to their residence. More specifically, Plaintiffs engaged Defendants to install a patio around their proposed in ground pool and to install PVC fencing around their backyard where aforesaid pool was to be located for a price of $19,963.00 (See Exhibit A). Defendants ostensibly completed their work as contracted for under aforesaid contract in September of 1998. To date Plaintiff has paid Defendants all but $1,000.00 of the agreed contract price. After Defendants completed all work contemplated under aforesaid contract, Plaintiffs discovered that the work contracted for had not been properly completed. o 10. 11. 12. Plaintiffs had contracted with Defendants to install double panel fencing. Defendants installed single panel fencing. Upon completion of the work contracted for, Plaintiffs discovered that the fencing had been improperly installed in that it did not meet B.O.C.A. Codes. More specifically, twenty seven posts must be reset, four galvanized steel gate posts inserts must be installed, eight 6' sections of back line with longer 7' sections to be cut off to fit existing post locations, use rivets to fasten privacy panels to posts, replace missing lattice channels and properly rivet same to posts, replace two gothic posts caps cut to accommodate shed, replace gates to match rest of fence and replace privacy sections which were cut wrong. The cost to replace the existing fence with a double panel fence as per Plaintiffs original understanding and to properly install same will cost $9,455.00. Defendant's installation of the paver stone patio was done improperly causing the stones to sink and causing a water problem in Plaintiffs' basement. Plaintiff informed Defendants of the problems with the paver stones but Defendants failed to take any remedial action. Due to Defendants' failure to properly install aforesaid paver stone patio, Plaintiff's were forced to replace said patio at a cost of $16,314.00 COUNT I BREACH OF CONTRACT 13. 14. 15. 16. Paragraphs one through twelve are incorporated as if fully set forth herein. Defendants failed to provide Plaintiffs' with a double panel fence as per their understanding and failed to properly install the fence which they did provide. Defendants failed to properly install the paver stone patio as per their contract with Plaintiffs. As a result of Defendants' breach of contract, Plaintiffs have suffered damages in the amount of $25,769.00. WHEREFORE, Plaintiffs demand that judgement be entered on their behalf and against Defendants in the amount of $25,769.00 plus interest and costs. Respectfully Submitted: KREVSKY & ROSEN, P.C. ~v~e~oCr~ hJ'FRr (~o n,t ;ireEeStq u i re Harrisburg, PA 17102 ID# 10625 (717) 234 4583 E)('I-E RIOR.S 350 Roxberry Road * York Haven · PA · 17370 * (717) 938-2875 ~ ESTIMATE or '.i]ii INVOICE NUMBER .............................................................................................................................................................................................................................................. NAME .~ ............ .~,~'~.~_.....~_..L~, ................ ~~ DATE ADDRESS ..~(~.~..- -..~?~..........~.~ ..................... ~~.~.C.~.~ ~..... ~....~,~ ............. !.~.~. S PHONE QUANTITY DESCRIPTION QUANTITY DESCRIPTION ............. ~ ............. i......!~~.~........~.~........~...~ ~~,~..... :~~t.r~~,_... ........... ~ ................ ._~~,~ ......... ~.,~:;_~_~_..._~.~ ....................... : ~ ......... .. ~.,.,..~..~...~_~..~..~-~ ~ ......................................... .......... ~ ~.~.........~.~..~.~.....~..~ ~.~ ................. .......~.,.~ ............ ~~........~ ..... ~ ................ ~~.....~.~......~.~.~.~....;~..I ~ ~ ................. ~l.~.......~.~ ...... ~ ........... .....~~~........~~.~... ~.....~ : ..~).~:..~ ................................ ~ ................................................................... .......... ~ ~~........:.~...~ .................................................................................................................................................................... ~~ .......... ~ ........... ~~.,....~..~..~.........~.........~ .................... ~~...~....~~..........R~~...........~..~ .......... ~..~.=...E~ ....... ~d ........... ~.~.~...~.......,...6.. ............... .~ ~.~.~u~ ............ ~......=..~..~.~.....~~ ................ ~..~.=.....~.~ ......... .......~u...~~ ............ B~u..b ......... ' .....~.... ~~~ ....... D~.~.........A~....&.B'~.~ ..~.~~ ............ ~.m~m~.~ ......... ~ ......................................... .~.~....U..~. ~~~....~...~..; ~..6~.~.....~.~ ~ ?,6~..~.~......TO~L FRANK R. BARBA and CYNTHIA L. BARBA, Husband and Wife, Plaintiffs MR. and MRS. JEFF LEBO t/d/b/a LEBO EXTERIORS Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ; :NO. :AT LAW VERIFICATION We, FRANK R. BARBA and CYNTHIA L. BARBA, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of our knowledge, information and belief. We also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: FRANK R. BARBA DATE: ~'-,.~/-O0 CYNTHIA L. BARBA ' FRANK R. BARBA and CYNTHIA L. BARBA, Husband and Wife, Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA MR. and MRS. JEFF LEBO t/d/b/a LEBO EXTERIORS Defendants :NO. · CIVIL ACTION - LAW CERTIFICATE OF SERVICF AND NOW, this ,~ day of August, 2000, I, Lawrence J. Rosen, Esquire, attorney for Plaintiffs, FRANK R. BARBA and CYNTHIA L. BARBA, hereby certify that I have this day served a copy of this Complaint in the above-captioned matter, by First Class U.S. Mail, Certified Mail on the following: MR. & MRS. JEFF LEBO 350 ROXBURY ROAD YORK HAVEN, PA 17370 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne sfor Defendant Lebo ebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANLA No. 00-5829 CIVIL ACTION- LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, Mr. and Mrs. Jeff Lebo, t/d/b/a Lebo Exteriors. Date:_ September 19, 2000 Respectfully submitted, LAW O~I~F_.S OF JACOBS & SABA ~3irard E.~l~ickarcls, V-.squire Attorney for Defendants Identification No. 58__~_.~ 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo ebo Exterior FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT IN ~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of Entry of A_rq~.amnee to be served by regular fin'st class mail upon: Lawrence $. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 Dated: September 19, 2000 Girard E. Rickards, Esquire Attorney for Defendants 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne sfor Defendant Lebo ebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT IN THE COURT OF COMMON PLEAS ~ERLAND COUNTY, PE~SYLVANIA No. 00-5829 CIVIL ACTION- LAW JURy TRIAL DEMANDED NOTICE YOU HAVE B~I~.N 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 Answer with New Lebo t/ ~ Ex ri o Plaintiffi ' m ' and Notice are served by entering a written appearance personally or by attorney and f'fling 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 · An wet w~ New Matter and un r Claim Pu uant to ~ 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 ~HONE THE OFFICE SET FORTH BELOW TO FIND OUT WI-Ig~ YOU CAN GET LF~AL HELP. CUMBERLANO COUNTY 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo ebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 CML ACTION- LAW JURY TRIAL DEMANDED AN~ WiTH N~'vV MA~rF~R ANO COUNTER CLAIM ~ANT TO PA. R.C.P. RULE 2252(D) oF Dm~x~oA~rs MR. ANO MRS. J~ L~o, T/D/B/A L~O E~ORS TO PL~am~S' COMPLAINT AND NOW, come the Defendants, Mr. and Mrs. Jeff Lebo, t/d/b/a Lebo Exteriors, by and through their attorney, Girard E. Rickards, Esquire, in support of Answer with New Matter and Counter Claim Pursuant to Pa.R.C.P. Rule 2252(d) of Defendants Mr. and Mrs. Jeff Lebo, t/d/b/a Lebo Exteriors to Plaintiffs' Complaint hereby avers as follows: 1. Admitted. 2. Admitted in part, denied in part. It is admitted that Defendants Mr. and Mrs. JeffLebo are a married couple who reside at 350 Roxbury Road, York Haven, PA 17370. It is specifically denied that the Defendants do business as Lebo Exteriors. To the contrary, Lebo Exteriors is a business that is solely owned by JeffLebo. 3. Admitted. 4. Denied as stated. To the contrary, the contracted job was actually completed in September of 1998. 5. Admitted. 6. Each and every averment of paragraph 6 is specifically denied and strict proof thereof is demanded at the time of trial. 7. Admitted in part, denied in part. It is specifically denied that the Plaintiffs contracted to install double panel fencing. It is admitted that employees of Lebo Exteriors installed single panel fencing in accordance with the parties' agreement. 8. Each and every averment of paragraph 8 is specifically denied and strict proof thereof is demanded at the time of trial. 9. Each and every averment of paragraph 9 is specifically denied and strict proof thereof is demanded at the time of trial. 10. Each and every averment of paragraph 10 is specifically denied and strict proof thereof is demanded at the time of trial. 11. Admitted in part, denied in part. It is admitted that the Plaintiffs informed Defendant JeffLebo in March of 2000 that the Plaintiffs believed that paver stones were improperly installed. It is specifically denied that the Defendants failed to take any remedial action. To the contrary, Defendant JeffLebo called the Plaintiffs and said he would fix the problems with the paver stones, but the Plaintiffs would not permit Mr. Lebo to conduct the repair. 12. Each and every averment of paragraph 12 is specifically denied and strict proof thereof is demanded at the time of trial. 13. Paragraphs one (1) through twelve (12) of the Defendants' Answer with New Matter and Counter Claim are incorporated herein by reference. 14. Each and every averment of paragraph 14 is specifically denied and strict proof thereof is demanded at the time of trial. 15. Each and every averment of paragraph 15 is specifically denied and strict proof thereof is demanded at the time oftriai. 16. Each and every averment of paragraph 16 is specifically denied and strict proof thereof is demanded at the time oftriai. WHEREFORE, Defendants Mr. and Mrs. JeffLebo, t/dfo/a Lebo Exteriors respectfully request your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. _NEW MATTER 17. The Plaintiffs' claims are barred by the doctrine of waiver and/or estoppel. 18. Defendant JeffLebo, t/dfo/a Lebo Exteriors at all times relevant hereto performed the work in accordance with the parties' agreement. 19. The Plaintiffs' claims are barred by the doctrine of unclean hands. 20. The Plaintiffs' claims are barred because they failed to permit Defendant Lebo Exteriors the opportunity to correct any alleged defect in the work. 21. Defendants believe and therefore aver that the Plaintiffs have failed to mitigate their losses. WHEREFORE, Defendants Mr. and Mrs. JeffLebo, ffd/b/a Lebo Exteriors respectfully request your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. COUNTER CLAIM 22. Paragraphs one (1) through twenty-one (21) of the Defendants' Answer with New Matter and Counter Claim are incorporated herein by reference. 23. The Plaintiffs both failed to pay Defendant JeffLebo, t/d/b/a Lebo Exteriors, $1,000.00 in accordance with the parties' agreement. 24. The final payment orS1,000.00 was due in September of 1998. 25. The Plaintiffs have breached their agreement and are liable to Jeff'Lebo, t/d/b/a Lebo Exteriors in the amount orS1,000.00, plus interest at the judicial rate from September 1998 to the present and said interest continues to accrue. 26. The Plaintiffs have been unjustly enriched by the efforts ofJeffLebo, t/d/b/a Lebo Exteriors in that work was performed on behalf of the Plaintiffs, which work was not a part of the agreement referred to in the Plaintiffs' Complaint. WHEREFORE, Defendant JeffLebo, t/d/b/a Lebo Exteriors respectfully request your Honorable Court to enter judgment in an amount not in excess &the compulsory arbitration limits together with interest and costs. Date: September 29, 2000 Respectfully submitted, LAW O~~F.~ O?.J~COBS & SABA BY~ward~~l~, ~.~ Attorney for Defendants Identification OOI-IB-O0112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Lebo ebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. MR. AND MRS. JEFF LEBO, T~D/B/A LEBO EXTEmORS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 CIVIL ACTION- LAW JURY TRIAL DEMANDED VERIFICATION I, Mr. and Mrs. Jeff Lebo, verify that the statements made in the foregoing Answer with N w Matter of fen s Mr. and Mrs. Jeff Le t/ b/a Exteri rs Plaintiffs' ~ 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 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. (Lebo Exteriors) 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Lebo (Lebo Exterior FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. MR. AND MRS. JEFF LEBO, T[D[B[A LEBO EXTEIHORS, DEFENDANT IN ~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00=5829 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of Answer with New MaRer and Counter Claim Pursuant to Pa.R.C,P. Rule 2252(d) tO of Defendants Mr. and lVIrs. Jeff Lebo, t/d/b/a Jeff Exteriors tO Plaintiffs' Complaint to be served by regular first class mail upon: Dated: September 29, 2000 Lawrence J. Rosen, F~squire 1101 North Front Street Harrisburg, PA 17102 Girard E Rickards, Esquire Attorney for Defendants FRANK R. BARBA and CYNTHIA L. BARBA, HUSBAND and WIFE, Plaintiffs Vo MR. and MRS. JEFF LEBO, t/d/b/a LEBO EXTERIORS, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 00-5829 · CIVIL ACTION - LAW · JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO NEW MATTER AND .COUNTERCLAIM AND NOW, come Plaintiffs, Frank and Cynthia Barba, by and through counsel, Lawrence J. Rosen, Esquire, and offer the following response to Defendants' New Matter and Counterclaim: 17. 18. 19. 20. ANSWER TO NEW MATTER Denied· No response is required as averment constitutes a legal conclusion· Insofar as a response may be required, Plaintiffs specifically deny that their claim(s) are barred by the doctrine or waiver or that they are estopped from pursuing their claim(s). Denied. It is specifically denied that Defendants performed their obligations under the subject contract in accordance with the provisions therein. Denied. No response is required as averment constitutes a legal conclusion· Insofar as a response may be required, it is specifically denied that Plaintiffs' claims are barred by the doctrine of unclean hands. Denied. Plaintiffs did provide Defendants with the opportunity to correct the problems associated with his failure to properly execute his obligations under the subject contract. Defendants failed and/or refused to make the appropriated modifications necessitating Plaintiffs' obtaining help for other, more qualified, contractors. 21. Denied. Plaintiffs have done everything possible to mitigate their damages. Wherefore, Plaintiffs demand that judgement be entered in their favor including interest and costs. 22. PLAINTIFFS' RESPONSE TO DEFENDANTS' COUNTERCLAIM No response required. 23. Admitted in part, Denied in part. It is admitted that Plaintiffs failed to make a final payment of $1,000.00 in accordance with the payment provisions of the subject contract. However, at the time that said payment was required to be made, Defendants had breached said contract by failing to provide the goods and/or services provided by said contract therefore obviating Plaintiffs' obligation to pay for same. 24. Admitted. 25. Denied. It is denied that Plaintiffs' breached their Agreement with Defendants as their final payment of $1,000.00 was contingent upon the proper completion of Defendants' obligation under said Agreement. Defendants failed to properly complete said obligation(s) thus obviating Plaintiffs' obligation to make said final payment. 26. Denied. It is denied that Plaintiffs have been unjustly enriched as any work performed by Defendants not mentioned in the Agreement constituted unsuccessful attempts by Defendants to correct mistakes made in their attempt to carry out their obligations under the subject Agreement. WHEREFORE, Plaintiffs respectfully request that Your Honorable Court dismiss Defendants' counterclaim with prejudice. By: Respectfully submitted: KREVSKY & ROSEN, P.C. c~:Jnce .J~Ro[en, Esquire 1101 North Front St. Harrisburg, PA 17102 ID# 10625 (717) 234 4583 FRANK R. BARBA and CYNTHIA L. BARBA, HUSBAND and WIFE, Plaimiffs Vo MR. and MRS. JEFF LEBO, t/d/b/a LEBO EXTERIORS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5829 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION We, FRANK R. BARBA and CYNTHIA L. BARBA, hereby verify that the information contained in the foregoing Answer is true and correct to the best of our knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. FRANK R. BARBA CYN~HI-A L. BARt~A -- FRANK R. BARBA and CYNTHIA L. BARBA, HUSBAND and WIFE, Plaintiffs Vo MR. and MRS. JEFF LEBO, t/d/b/a LEBO EXTERIORS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5829 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this CERTIFICATE OF SERVICE day of x~'~{A.B.~ , 1999, I, Aimee L. Paukovits, for the Law Firm of KREVSKY & ROSEN, P.C on behalf of Plaintiffs, FRANK R. BARBA and CYNTHIA L. BARBA hereby certify that I have this day served a copy of the foregoing Answer in the above-captioned matter, by First Class U.S. Mail on the lbllowing: GIRARD E. RICKARDS, ESQUIRE JACOBS & SABA 214 SENATE AVENUE SUITE 503 CAMP HILL, PA 17011 Aimee L. Paukovits 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Lebo (Lebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT IN THE COURT OF COMMON PLEAS ~ERLAND COUNTY, PENNSYLVANIA No. 00-5829 CIVIL ACTION- LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this ,2001, upon consideration of the Defendants' Motion to Compel Discovery, it is hereby ORDERRD that: (1) A Rule is issued upon the Plaintiffs to show cause why said Motion should not be granted. Rule Returnable 2..0 days after service of this Rule. BY THE COURT: 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Lebo (Lebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE~ PLAINTIFFS VS. MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00=5829 CIVIL ACTION = LAW JURY TRIAL DEMANDED ORDER AND NOW, this Day of 2001, upon consideration of the Defendants' Motion to Compel Discovery, said Motion is hereby GRANTED. The Plaintiffs are ordered to provide answers to the Defendants' Interrogatories and a response to the Defendants' Request for Production of documents within days of service of this Order, or suffer sanctions pursuant to Pa.R.C.P. Rule 4019. BY THE COURT: Date: 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Lebo (Lebo Exterior, FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 CIVIL ACTION = LAW JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL DISCOVERY 1. This action was commenced by Complaint or about August 24, 2000. 2. In the Complaint, the Plaintiffs seek damages as a result of an alleged breach of contract by the Defendants for the installation of a patio and fence at the Plaintiffs' residence around their in-ground pool. 3. On December 12, 2000, counsel for the Defendants served upon Plaintiffs' counsel a set of Interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. A true and correct copy of the Defendants' Interrogatories to the Plaintiffs are attached hereto as Exhibit "A" and incorporated herein by reference. 4. On December 12, 2000, counsel for the Defendants served upon Plaintiffs' counsel a Request for Production of Documents in accordance with the Pennsylvania Rules of Civil Procedure. A tree and correct copy of the Defendants' Request for Production of Documents to the Plaintiffs are attached hereto as Exhibit "B" and incorporated herein by reference. 5. As of this date, the Plaintiffs have failed to serve answers to Interrogatories, a response to Request for Production of Documents or objections thereto. 6. The Plaintiffs' discovery responses are overdue. 7. Without having the Plaintiffs' answers to Interrogatories and response to Request for Production of Documents, the Defendants are unable to identify witnesses and complete discovery in this matter. WHEREFORE, Defendants Mr. and Mrs. JeffLebo t/d/b/a Lebo Exteriors respectfully request your Honorable Court to enter an Order compelling the Plaintiffs to serve answers to Interrogatories and a response to Request for Production of Documents within twenty (20) days or suffer sanctions pursuant to Pa.R.C.P. 4019. Date: June 11, 2001 Respectfully submitted, LAW OFFICF_..S OF JACOBS & SABA 'z dirard . mckards, squire Attorney for Defendants Identification No. 58867 2 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 751-0988 Attorneys for Defendant Lebo (Lebo Exterior:~) FRANK R. BARBA AND CYNTHIA L. BARBA~ HUSBAND AND WIFE~ PLAINTIFFS VS. MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5829 CML ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIF ADDRESSED TO: Frank R. Barba and Cynthia L. Barba, Plaintiffs c/o Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Attorney for Plaintiffs The Defendant propounds the following Interrogatories to be answered under oath pursuant to Pa. R.C.P. 4005, 4006 by the Plaintiff(s) within thirty (30) days after service. The foregoing Interrogatories are to be regarded as continuing and you are requested to provide, by way of supplementary answers thereto, such additional information as may hereafter be obtained by you, or any person on your behalf, which will augment or otherwise modify any answers now given to the foregoing Interrogatories pursuant to Pa. R.C.P. 4007.4. Such supplemental responses are to be served upon the Defendant seasonably after receipt of such information. Personal information, please state: a. Your full name; b. Each other name, if any, which you have used or by which you have been known; Co The name of your spouse at the time of the incident and the date and place of your marriage to such spouse; do The address of your present residence and the address of each other residence which you have had during the past five (5) years; e. Your present occupation and the name and address of your employer; f. Date of your birth; g. Your Social Security number; h. Your military service and positions held, if any; and The schools you have attended and the degrees or certificates awarded, if any. Insurance - If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: a. The name of the insurance carder which issued the policy; b. The named insured under each policy and the policy number of each policy; c. The type(s) and effective date(s) of each policy; The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. Expenses - List and describe all expenses and losses that you have incurred because of this incident. Factual basis for claims and defenses. - State with particularity the factual basis for each claim or defense you are asserting in this case. Witnesses. a. Identify each person who (1) Was a witness to the incident through sight or hearing and/or (2) Has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. 4 Statements - If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: a. The identity of such person; When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. Reports of incident. - Identify documents (except reports or experts subject to Pa.R.C.P. No. 4003.5) which describe the incident or the cause thereof. Demonstrative evidence. - If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, states: a. The nature or type of such item; 5 b. The date when such item was made; c. The identity of the person that prepared or made each item; and d. The subject that each item represents or portrays. Trial preparation material. - If you, or someone not an expert subject to Pa.R.C.P. No. 4003.5, conducted any investigations of the incident, identify: ao Each person, and the employer of each person, who conducted any investigation(s); and bo All notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. 10. Trial Witnesses. - Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state your relationship with the witness and the substance of the facts to which the witness is expected to testify. 6 11. Expert Witnesses. - Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: a. The subject matter about which the expert is expected to testify; and bo The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. 12. Trial Exhibits. - Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. 13. Books, magazines, etc. - If you intend to use any book, magazine, or other such writing at trial, state: a. The name of the writing; 7 b. The author of the writing; c. The publisher of the writing; d. The date of publication of the writing; and e. The identity of the custodian of the writing. 14. Admissions. - If you intend to use any admission(s) of a party at trial, identify such admission(s). 15. Have you ever been convicted ora non traffic offense? If so, state: a. The court and state in which you were convicted; b. The nature of the crime of which you were convicted; Co Whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendre; d. The date of your conviction(s); e. The name and address of the tribunal imposing your sentence; f The title of the case and case number assigned by said tribunal; g. The nature of the sentence imposed; and h. The dates and places of any facility in which you were incarcerated. 16. In paragraph 8 of the Plaintiffs' Complaint, you alleged that the Defendant's work did not meet the B.O.C.A. Codes. Identify specifically each section of the B.O.C.A. Codes with which you allege the Defendant's work failed to comply. 9 17. Do you contend that the B.O.C.A. Codes have been adopted by your local township? so, please indicate the date that the B.O.C.A. Codes were adopted by your township. If 18. If you have been notified by your local municipality that any of the Defendant's work failed to comply with the township codes, please state: a. The date that you received this notification; b. Whether the notification was verbal or in writing; c. The individual or individuals from the township who notified you of the problem; d. The specific nature of the codes violation noted; and The result of any action taken by the township against you as a result of said code violation. 10 19. Paragraph 7 of your Complaint alleges that the Defendant was contracted to install double panel fencing. Please identify and provide a copy of any writing, note or brochure that indicates that the contract called for double panel fencing as opposed to single panel fencing. 20. Please state any and all facts supporting your claim against Mrs. Lebo, together with a name and address of all witnesses who have first hand knowledge of the facts that you allege support a claim against Mrs. Lebo. 21. If you have had any work done by way ofremediation or repair relating to your claims against the Defendants, please state the following: a. The dates on which any remedial action or repairs were performed; b. The specific nature of said repairs or remediation; c. The names of all persons who performed said repairs or remediations; and 11 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Lebo (Lebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. MR. AND MRS. JEFF LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 CML ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of Defendant's Interrogatories Addressed to Plaintiffs to be served by regular first class mail upon: Dated: December 12. 2000 Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Girard E. Rickards, Esquire · Attorney for Defendants 1. All writings, notes, or correspondence that in any way relate to the contract referred to in the Plaintiffs' Complaint. 2. All writings, notes, or receipts for goods or services contemplated or completed to remedy the alleged deficiencies in the Defendant's work under the contract referred to in the Plaintiffs' Complaint. 3. A curriculum vitae, resume or list of qualifications of any persons whom you intend to call as an expert witness at the trial of this matter. 4. Any and all reports or drafts of reports, notes and correspondence from an expert that you intend to have testify at the trial of this matter. 5. Ail writings, notes, or correspondence between yourselves and your local municipality regarding violations of the township or B.O.C.A. codes that in any way relate to this lawsuit. 6. All exhibits that you intend to use at the trial of this matter. 7. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing the incidents giving rise to this action and any defenses thereto. 8. All photographs and/or videos taken or diagrams prepared concerning this matter or the real estate or instrumentalities involved therein. 9. Identify and produce any and all documents containing the names and home and business addresses of all individuals who may be potential witnesses in this case. 10. Identify and produce all documents which describe the incident referred to in the Plaintiffs' Complaint or damages arising therefrom. Date: December 12, 2000 Respectfully submitted, LAW OFFICF_~ OF JACOBS & SABA Attorney for Defendant Identification No.58867 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 .Attorneys for Defendant Lebo (Lebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA, HUSBAND AND WIFE, PLAINTIFFS VS. MR. AND MRS. JE~ LEBO, T/D/B/A LEBO EXTERIORS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard B. Rickards, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he mused a true and correct copy of_Motion to Compel Discovery to be served by regular first class mail upon: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Say. et Harrisburg, PA 17102 Dated:, June 11. 2001 Attorney for Defendants 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Lebo (Lebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA HUSBAND AND WIFE~ (PLAINTIFFS) VS. MR. MRS. JEFF LEBO T/D/B/A LEBO EXTERIORS, (DEFeNI ANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, Mr. and Mrs. Jeff Lebo, t/d/b/a Lebo Exteriors. Date: Decemberl 0, 2002 Respectfully submitted, LAW OFFICES Q~F JACOBS & SABA 214 Senat~ Avenue, Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 55453 (Attorney for Defendants) 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Lebo (Lebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA HUSBAND AND WIFE, (PLAINTIFFS) VS. MR. MRS. JEFF LEBO T/D/B/A LEBO EXTERIORS, (r EFE ANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NO. 00-5829 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire hereby certifies that she is the attorney for the Defendants herein, and that she caused a tree and correct copy of Entry of Appearance to be served by regular first class mail upon: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Date: December 10, 2002 Atto~ '~. I~inze"~, Esquire ey for Defendants 00HB-00112 FRANK g. BARBA AND CYNTHIA L. BARBA HUSBAND AND WIFE, (PLAINTIFFS) VS. MR. MRS. JEFF LEBO T/D/B/A LEBO EXTERIORS, (I EFr. NDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 00-5829 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: JoAnne E. Kinzel, Esquire , counsel for the Defendants in the above action, respectfully represents that: The above-captioned action is at issue. The claim of the Plaintiff in the action is $25,000.00 or less. The counterclaim of the Defendant in this action is $ 0 The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: JoAnne E. Kinzel, Esquire, Attorney for Defendants Lawrence J. Rosen, Esquire, Attorney for Plaintiffs WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: February 28, 2003 Respectfully submitted, LAW OFFICES OF JACOBS & SABA JoA~~ffel~Esquire Attorney/f)fir Defendants Identific/ffion No. 55453 ORDER OF COURT A --~ ND NOW,~ ~~ ~ ,20t0 :~ , in consideration of the attached petition, ~~ ~t~ , Esquire, Esquire, and ~,4~'~'4 ~ ~ ~uire, are appdi~t~d arbitrZrs in the a~ove- captioned action as pr~ryed for. BY THE COURT, ~ p.j 00HB-00112 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Lebo (Lebo Exteriors) FRANK R. BARBA AND CYNTHIA L. BARBA HUSBAND AND WIFE, (PLAINTIFFS) VS. MR. MRS. JEFF LEBO T/D/B/A LEBO EXTERIORS, (I EFENDA XS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5829 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire hereby certifies that she is the attorney for the Defendants herein, and that she caused a true and correct copy of Petition for Appointment of Arbitrators to be served by regular first class mail upon: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Date: February 28, 2003