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HomeMy WebLinkAbout00-06857?} q DANIEL D. STEPHENS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants ck) Civil Action - Law NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLR. CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo at partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia excrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, 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 INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECTION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4TH FLR. CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 402\155 it DANIEL D. STEPHENS, V. Plaintiff DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Gv-(,P517 C? -Fj. Civil Action - Law COMPLAINT Plaintiff Daniel D. Stephens, by his attorney, Albert J. Hajjar, states as follows: 1. Plaintiff Daniel D. Stephens is an adult individual having a place of business at 900 Landsvale Street Extension, Marysville, PA 17053 (Perry County). 2. Defendant Douglas L. Zook is an adult individual having a place of business and address at 422 W. Main Street, Mount Joy, PA 17552. Douglas L. Zook sometimes trades under the name "Oakwood Custom Homes" or "Oakwood Custom Homes, Inc." 3. Defendant Oakwood Homes, Inc. is a Pennsylvania corporation having a place of business and address at 422 W. Main Street, Mount Joy, PA 17552. Oakwood Homes, Inc. sometimes trades under the name "Oakwood Custom Homes" or "Oakwood Custom Homes, Inc." 4. Plaintiff operates a general contracting and excavation business. 5. From October, 1996, to March, 1997, at the request of Defendants, Plaintiff agreed to provide Defendants with various construction and excavation services on several projects in central Pennsylvania. 6. Plaintiff provided the services as required and billed Defendants therefor. 7. The services are described, and the amounts billed therefor are set forth, on invoices, copies of which are identified, attached hereto and incorporated herein as follows: (a) Exhibit "A" is an invoice relating to the "Limekiln Road" project (in York and Cumberland Counties) and totals $15,681.08 for work done by Plaintiff on behalf of Defendants; (b) Exhibit "B" is an invoice relating to the "Shippensburg" project (in Cumberland County) and totals $6,915.48 for work done by Plaintiff on behalf of Defendants; 402\155 (c) Exhibit "C" is an invoice relating to the "Chambersburg" project and "Mt. Holly Springs" project (in Franklin and Cumberland Counties respectively) and totals $9,251.50 for work done by Plaintiff on behalf of Defendants; (d) Exhibit "D" is an invoice relating to the "Green Township" project (in Franklin County) and totals $1,475.00 for work done by Plaintiff on behalf of Defendants; (e) Exhibit "E" is a letter confirming a balance due for an invoice relating to the "Lancaster" project of $215.00. 8. The total charges shown on the invoices are $33,538.06, of which Defendants have failed to make any payment. 9. Although Plaintiff has made demand for payment upon Defendants, Defendants have failed and refused to pay the balance due or any part thereof. WHEREFORE, Plaintiff demands judgment in its favor and against Defendants Douglas L. Zook and Oakwood Homes, Inc. in the amount of $33,538.06 together with interest thereon from April 1, 1997, and costs of suit. 1L_ .t for Plaintiff I.D. No. 07069 3003 N. Front Street Harrisburg, PA 17110 Tel: 717-234-9819 Fax: 717-234-9820 402\155 Page 2 .. IL . .Iw .,..I VERIFICATION I, Daniel D. Stephens, do hereby certify that I am the Plaintiff in this matter, that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that this verification is subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. 26t-t4 4 .P Daniel Stephens 402\155 IN THE COURT OF COMMON PLEAS OF CUMBER4AND COUNTY, PENNSYLVANIA DANIEL D. STEPHENS, No. 00-6857 Civil Plaintiff V. Civil Action - Law DOUGLAS L. ZOOK and OARWOOD HOMES,, INC., Defendants s DEFENDANTS' ANSWER TO PLAINTIFF'S AMENDED COMPLAINT Defendants, Douglas L. Zook and Oakwood Homes, Inc., by and through counsel, Michael D. Hess, sets for the following in Answer to the Amended Complaint in this matter, and in support thereof, state and aver as follows: 1. Admitted. 2. Admitted that Douglas Zook is an adult individual and. admitted as to his address. It is denied that he is doing business as stated. 3. Admitted. 4. Admitted. 5. Denied. Strict proof thereof is demanded. 6. Denied. Strict proof thereof is demanded. 7. (a) Denied that this is representative of the work performed, the fair market value thereof, or that this invoice was sent to any of the Defendants. (b) Denied that this is representative of the work performed, the fair market value thereof, or that this invoice was sent to any of the Defendants. (c) Denied that this is representative of the work 11 a performed, the fair market value thereof, or that this invoice was sent to any of the Defendants. (d) Denied that this is representative of the work performed, the fair market value thereof, or that this invoice was sent to any of the Defendants. (e) Denied that this is representative of the wort: performed, the fair market value thereof, or that this invoice was sent to any of the Defendants. 8. Admitted that this is the amount shown. 9. Denied. An offer for the fair value of the work: performed has been offered on several occasions. 10. Denied. Strict proof is demanded at time of trial. 11. Denied. Strict proof is demanded at time of trial. 12. Denied. Strict proof is demanded at time of trial. 13. After reasonable investigation, Defendants are without. sufficient information, knowledge, or belief to admit or deny this, allegation. 14. Denied that this work was completed or furnished. 15. Denied. To the contrary, the work was not approved as completed or at the price charged. 16. Denied. WHEREFORE, Defendants demand judgment in its favor and against. Plaintiff, ALTERNATIVE COUNT I - QUANTUM NERUIT 17. Denied. 18. Denied that what was furnished or that the price shown was requested or completed. 19. Denied. Strict proof is demanded. 20. Denied. An offer for the fair value of the work performed has been offered on several occasions. WHEREFORE, Defendants demand judgment in its favor and against Plaintiff. Dated: BURKE & HESS Michael D. Hess I. D. #63650 951 Rohrerstown Road, Ste. 102 Lancaster, PA 17601-1974 (717) 391-2911 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL D. STEPHENS, No. 00-6857 Civil Plaintiff V. Civil Action - Law DOUGLAS L. ZOOK and OAKNOOD HOMES, INC., Defendants CERTIFICATE OF SERVICE ej ?e I hereby certify that on the ?A day of February, 2001, a true and correct copy of Defendants' Answer to Plaintiffs' Amended Complaint was served by first class mail, postage prepaid, on the persons and at the addresses listed below: Aliba J. Hajjar, Esquire 3003 N. Front Street Harrisburg, PA 17110 BURKE & HESS Michael AD. Hess I. D. #63650 951 Rohrerstown Road, Ste. 102 Lancaster, PA 17601-1974 (717) 391-2911 ..,, r- ?,? - ; r-_ . ? _ ` ;, -? = -., ,,,,- %?; ?s ? ;.? ?;= ?` ??? } L? 14i e? ' C (il ? DANIEL D. STEPHENS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6857 Civil V. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC. Civil Action -Law Defendants. STATEMENT OF INTENTION TO PROCEED TO THE COURT: Daniel D. Stephens, Plaintiff, intends to proceed with the above-captioned matter. Date: 7 nneth A. Wise, Esquire Graybill & Wise, P.C. Id. No. 16142 126 Locust Street P. 0. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 l° 1 CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Statement of Intention to Proceed on the following individual by First Class U.S. Mail addressed as follows: Anthony S. Potter, Esquire 114 N. Second Street Harrisburg, PA 17101 Date: C t t0?1 Kenneth A. Wise, Esquire Graybill & Wise, P.C. Id. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 t7 f"'I -" sd C? r "1 n i _) 1 I ?. ti? II I DANIEL D. STEPHENS, Plaintiff V. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC. Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6857 Civil Civil Action - Law PRAECIPE OF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the Plaintiff, Daniel D. Stephens. Date: - !- Kehneth A. Wise, Esquire Graybill & Wise, P.C. Id. No. 16142 126 Locust Street P. 0. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Praecipe for Entry of Appearance on the following individual by First Class U.S. Mail addressed as follows: Anthony S. Potter, Esquire 114 N. Second Street Harrisburg, PA 17101 Date: Kenneth A. Wise, Esquire Graybill & Wise, P.C. Id. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 r;, <1 r r?. Orl ,t-0 I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-06857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STEPHENS DANIEL D VS ZOOK DOUGLAS L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ZOOK DOUGLAS L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER serve the within COMPLAINT & NOTICE County, Pennsylvania, to On October 23rd , 2000 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Lancaster 67.30 .00 104.30 10/23/2000 WILLIAM GROSS Sworn and subscribed to before me this a ?!' day of Oej- So ans rs - ,? _ Thomas Kline f Sheriff of Cumberland County ,2A. D. C. h? ?eee,`. Prothonote(r 1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-06857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STEPHENS DANIEL D VS ZOOK DOUGLAS L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: OAKWOOD HOMES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 23rd , 2000 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 10/23/2000 WILLIAM GROSS So an A. Thom-as Kline Sheriff of Cumberland County Sworn and subscribed to before me this aG? day of a,I, ZtrUi7 A. D. Prothonotary' SHERIFF'S OFFICE 1 of 2 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 (717) 299-8200 SHERIFF SERVICE QL T` PROCESS RECEIPT, and AFFIDAVIT OF RETURN "jk y' ` 1. PLAINTIFF/S/ o rni IDT nu n.ADCO 20-6857 Civil r)paPas L. look, et. al. ?ak ?ca9 rekl CorWFD. Tn^ 6. ADDRESS (Street or ftFD,Apartment No., City, Boro, Twp., State and ZIP Code) AT 422 W. Main St, Mount Joy, PA 17552 7. INDICATE UNUSUAL SERVICE:] DEPUTIZE O OTHER ?,ymt3® .! Now, 1 0 / 6 / (J q 20 I, SHERIFF OF tMAM(% COUNTY, PA., do her y deputize the M of County to execute this return Cher M rding of to law. This deputa ion eing made at the request and risk of the plaintiff. arrcwpna?•.,b. `? o Cumberland Co. 3 N 0 LAW OFFICE OF ALBERT HAJJAR y CUMBERLAND CO ,.• NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under O withinwrit may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liabilityon O the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. l7 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE ALBERT HAJJAR (717) 234-9819 1n/ti/nn 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) ALBERT HAJJAR 3003 N FRONT ST HARRISBURG PA 17110 rSPl4f? LONt¢F tIiS O m ER9?J1Ys=?J)O-NQTQ W` ITF_B EL0 TA WY 1,,1N 13.1 acknowledge receipt of the writ 1 NAME of Authorized?LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date or complaint as indicated above.( ANNETTE WALTO??N[! 717-295-3609 1n/1n/nn i11/155/09 16.1 hereby CERTIFY and RETURN that I O have personally served,lenave legal evidence of service as shown in "Remarks", E] have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. [11 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18.. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ONo Service f.11I ?A b, !'I -I,,CCD /PFOOn., .,J 0IA&PIRR\ Anm Al hCl r SesF7emen®Below (No.3% 20. Address of where served(complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) .pM. ) (©/. ? ?? Qd DST 23. ATTEMPTS Data Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. /0 2LF M R? 24. Advance Costs 25. Service Costs 26. Notary Cert. N.F. 27. Mileage/Postage / 28.. Total Costs 29. COST DUE O REFUND 1111227 100.00 59.50 ? a lJ &7_3 30. REMARKS: S.T.A.: 31. AFFIjMED an subscribed to before me this 32. Siggnature of 20 Dep..atreritt 34, day 3 alume?dt 37. ._ .. 1. WHITE - Issuing Authority 2. PINK - Attorney $. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office Of 2 2 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE p, PROCESS RECEIPT, and AFFIDAVIT OF RETURN pOt A "` 2. COURT NUMBER 20-6857 Civil 4. TYPE OF WRIT OR COMPLAINT. Notice & Complaint SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED. Douglas T,. Zook 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 422 W. Main St, Mount Joy, PA 17552 7. INDICATE UNUSUAL SERVICE: DEPUTIZE ? OTHER Cumbarland. Now, ]()/6/ ti--- 20 , I, SHERIFF OF L` 2130 COUNTY, P y deputiz ?Srij of T aRgaste County to execute thi ing to law. This deputation being made at the request and risk of the plaintiff. Cumberland d H O 0 O 00 CUMBERLAND CO NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy orattachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. S. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER - 11. DATE ALBERT HAJJAR (717) 234-9819 10/6/00 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if natice is to be mailed) LAW OFFICE OF ALBERT HAJJAR, 3003 N FRONT ST HARRISBURG PA 17110 .' x Ow 0 Q4ki3S' .'fit Ml».dt. ISEtav "s 040 0*# , 13.1 acknowledge receipt of the writ t NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date or complaint as indicated above. ( ANNETTE WALTON 717-295-3609 10/10/00 11/6/00 16. 1 hereby CERTIFY and RETURN that][] have personally served„QI have legal evidence of service as shown in "Remarks", O have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ?No Service t t.a -.. nr n,._... /??...., .. _..._-_1 ?—-- ...? See Remarks Seim[Na 30) 26"Address of where sewed (complete only it ditterent than shown above) (street br HI-D, Apartment No., City, Boro, I wp. 21. Date of Bervlce. 22. 1 Imo State and Zip Code) PAM- lo t?/b0 ST 23. ATTEMPTS Date 4t. Date Miles Dep.lnt. Date Miles Dep.lnt. Date Miles Milo M f DepAnt. Date Miles Dep. Int. t P IV2f . MG3 oA Advanns Costs 25. Service Costs 26. Notarv Cert. 27. Mileaee/Postaoe/N.F. 28. Total Costs 29. COST DUE OR REFUND R111227 S.T.A.: 31. AFFIRMED a subscribed to before me this 34, dA 37. _ .. ._ . .. .. 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office 1ORS 900 LANDSVALE STREET EXTENTION MARYSVILLE, PA 17053 July 1, 1997 COMPLETE LINE OF EXCAVATION DEMOLITION SEWAGE & SEPTIC INSTALLATION DWEL D. STEPHENS 'GENERAL CONTRACTING' Oakwood Custom Homes Donald Zook 166 Farmington Lane Lancaster, Pa. 17603 f-aK 6y3^ sad INVOICE PHONE (717) 957-4463 March 5 & 6, 1997 Consultation fees for meeting with green Township regarding Tatoo and Sunset Dr. in Chambersburg at site and Township building .1 10 hrs. @ $75.00 $750.00 March 27, 1997 Take machine to waste area, load up manhole pieces and miscellaneous pieces of pipe that Rick Wolf instructed us to move approximately 1 month prior. Take new septic tank lid to Shippensburg, grade around area to the satisfaction of owner and he indicated that things were fine Truck 5 hrs. 225.00 trailer 5 hrs 200.00 machine 5 hrs 200.00 helper 5 hrs 100.00 Before these items were removed, they were loaded on my trailer per the instructions by Rick Wolf and taken to the top of the hill were they sat for days. i Then Rick Wolf told me to dispose of them. In review with my attorney, he informed me to charge for these items. There charge for the work at Shippensburg, but the completion of the work for the septic system Total amount due $1,475.00 a 11r 1 (044? 900 LANDSVALE STREET EXTENTION MARYSVILLE, PA 17053 June 9, 1997 Oakwood Custom Homes 166 Farmington Lane 1 Lancaster, Pa. 17603 Attention: Accounts Payable PHONE (717) 957-4463 I have requested at various times an explanation as to why you deducted $215.00 from my invoice on the Lancaster Job. Please fax a copy of the invoice with the items deleted and why they were deleted. I feel that I am entitled to this explanation. Sincerely, Daniel D. Stephens COMPLETE LINE OF EXCAVATION DEMOLITION SEWAGE $ SEPTIC INSTALLATION CANIEL D STEPHENS GENERAL CONTRACTING t? tt?? 1 r- ? O s +1` c> x c ;a (T) x v s April 15, 1997 Oakwood Homes Doug Zook 166 Farmington Lane, Lancaster, Pa. 17603 . CORRECTED INVOICE CHAMBERSBURG 2/24/97 Cut in swails throughout the project. Work on the road berms, locate straw, and materials, haul fill to next farm. Deliver machines 85.00 backhoe 7.5 hrs 412.00 bobcat 7.5 hrs 300.00 labor 7.5 hrs 150.00 straw 12 bales 36.00 2/25197 go for more straw truck 3.4 hrs 153.00 labor 3.75 hrs 75.00 bobcat 5.7 hrs 228.00 pickup 3.0 hrs 60.00 operate other loader 3.4 hrs 85.00 straw 25 bales 75.00 backhoe 7.6 hrs 418.00 N ? Yh ? 2/26/97 vibe roller 140.00 backhoe 8.0 hrs 440.00 bobcat 8,0 hrs 320.00 truck 4.0 hrs 180.00 labor 8.0 hrs 16.0.00 2/28/97 backhoe 8.0 hrs 440.00 bobcat 6.5 hrs 260.00 vibratory roller 4.0 hrs 70.00 truck 4.5 hrs 202.50 pickup truck 1.5 hrs 30.00 labor 3.0 hrs 60.00 NOTE: SEWER PIP WAS PUT IN 1" UNDER GROUND 3/5/97 & 316/97 Engineering consultation 3/7/97 cut swells, conditions were very muddy. Vibratory roller 4.0 hrs 70.00 truck 2.0 hrs 90.00 bobcat 3.6 hrs 144.00 backhoe 3.4 hrs 187.00 labor 2.5 hrs 50.00 3/10/97 Grade and level, go for stone for driveway backhoe 7.0 hrs 385.00 bobcat 4.5 hrs 180.00 truck 1.5 hrs 67.50 vibratory roller 4,0 hrs 70.00 labor 2.0 hrs 40.00 3/12/97 Put in storm, made changes indicated by township grade and stone backhoe 8.0 hrs 440.00 bobcat 6.5 hrs 260.00 i a p -2- 3/12/97 con't truck 2.6 hrs 117.00 pickup truck 1.0 hrs 20.00 vibratory roller 8.0 hrs 140.00 3/28/97 backhoe 4.0 220.00 truck 4.0 180.00 MOUNT HOLLY SPRINGS 3/13/97 Remove curb, put in concrete wall. grade, tree removal stone and recut walk, haul concrete from truck to holes, haul debris and stone transport equipment - bobcat & backhoe 200.00 backhoe 6.0 hrs 330.00 bobcat 7.6 hrs 304.00 truck 3.5 hrs 157.50 chain saw 55.00 cut saw 65.00 labor 9.0 hrs 180.00 Diamond blade 20.00 3/17/97 grading bobcat 1.5 hrs 60.00 labor 0.5 hrs 10.00 3/20/97 Stone driveway behind house Bobcat 1.5 hrs 60.00 labor 0.5 hrs 10.00 3/24/97 grade around house and load dirt backhoe 5.0 hrs 275.00 -3- y?p`?. M 3/24/97 con't bobcat 5.0 hrs 200.00 truck 5.0 hrs 225.00 labor 3.0 hrs 60.00 TOTAL AMOUNT DUE $9,251.50 Terms: Net 10 days 1 1/2% per month Deliquency Charge after 30 days. Any descrepencies or questions on billing must be submitted writing within 10 days from receipt of invoice. NOTE: The price of straw changes depending on where it is purchased N ?` March 10,1997 Oakwood Homes P.O. Box 187 Paradise, Pa. 17562-0187 INVOICE Install septic system on property located on the NN side of SR 533, o.8 mi NW of RT. 11 in Shippensburg, Pa. Permit NO G-37745 I Total amount due for sewer $4200.00 ADDITIONAL WORK REQUESTED 1/15/97 Work on pipe under house. Pipe, coupler and labor to repair utility pipe stub. This took two hours working on back to make this repair 55.00 ?1 1/16/97 Rock encountered in 8 holes, had to extend pipe, stone had to be put in hole to prevent settlement at corner of footer backhoe 8.0 hrs 440.00 stone pipe, sch 40, 4" 30 ft 30.21 1/20/97 Take out rock all day. Used backhoe, drill, breakers, bits, expanders backhoe 8.4 hrs 462.00 labor 8.4 hrs 168.00 1 /21 /97 Continue to remove rock compressor w/jackhammer 195.00 labor 8.0 160.00 cut saw, stone blades 65.00 backhoe 5.1 280.50 2 points 52.47 2 blades 47.17 1/27/97 1 Very difficult, frozen ground. Dig water line, put in conduit, dig runoff at corner of house to allow water to run off. Backhoe 5.2 286,00 labor 5.2 104.00 2/6/97 Electric line put in conduit & cover, materials, concrete & couplings backhoe 4.0 220.00 -2- c N 1 ,? 2/6/97 con't labor pipe, sche 40 3" couplings cement 4.0 80.00 80 ft. '70.13 TOTAL AMOUNT DUE $6915.48 Terms: Net 10 days 1 1/2% per month. Delinquency charge after 30 days. Any descrepencies or questions on billing must be submitted writing within 10 days from receipt of invoice. 1 V CC?`? WAIK January 10, 1997 t Oakwood Homes 336 West King St. Lancaster, Pa. Re; Limekiln Rd. New Cumberland, Pa. 10/31/96 Delivery of backhoe 55.00 Delivery of loader 70.00 Lot 11 Dig water line - footer drain place stone and cover - Backhoe Remove rock - loader Lot 16 Water line trench - backhoe Lot 18 Clear rock & grade -loader Backhoe 3.7 203.50 loader 8.0 560.00 labor 8.0 160.00 -1- 4 11/1/96 Lot 11 Bury trees, push off dirt that was being hauled from Mt. Holly - backhoe Lot 18 Push off fill - laoder Lot 14 Finish digging electric line and take dir away from back wall - backhoe Lot 15 Grade yard and driveway - loader Dig out for stoop, pull stone out of driveway - clean up debris and take to trash pile - backhoe Lot 16 Start grading - loader Lot 18 Push off fill Backhoe 8.5 467.50 loader 7.5 525.00 11/4/96 Clean up debris and haul - labor & truck Lot 17 Burn up log pile and bury - fill lawn area front - lift tank and reset - take out dousing tank Lot 18 Grade - bad rock conditions.- loader -haul dirt from lot 15 ?. Labor 7.0 140.00 backhoe 5.6 308.00 -2- Z,I i o 11/4/96 con't loader 7.0 truck 2.0 Pipe PVC 2" x 10 20 ft primer 1 ea PVC DWV 90 2 ea PVC DWV 45 2 ea PVC DWV 22 2 ea PVC DWV coup 1 ea 20.94 490.00 90.00 11/5/96 Lot 11 Haul fill from lot 15 to lot 11 truck & loader Lot 16 Dig out front of house for footer for brick - loader & backhoe Lot 14 Dig well trench - regrade driveway - backhoe Backhoe 5.8a 319.00 truck 4.2 189.00 loader 8.7 609.00 1116/96 Lot 16 Put in pipe, dig behind house footer, dust and cover water line - labor Lot 18 Dig electric line, dig water line from well to house, put in schedule 40 3" pipe and fittings Lot 14 Removal of rick front driveway and regrade - loader -3- W A 11/6/96 con't Lot 7 Cover wires, remove piles of dirt - truck, backhoe, travel Loader 3.0 210.00 backhoe 7.5 412.50 Truck 4.0 180.00 Schedule 40 pipe - 3" 60 ft PVC DWV Coup -3" 5 ea PVC DWV 45 degree 1 ea PVC DWV 22 degree 1 ea total 62.32 11/14/96 Lot 16 Deliver backhoe 55.00 Cover electric line, dig out front stoop - place stone - backhoe & labor Lot ? Cut driveway, stone, dig back of front level stone drive, set steps, grade Loader 1.6 112.00 Backhoe 5.7 313.50 Stone 11/15/96 Transport equipment Lot 11 Put. up safety fence, haul dirt, take down trees lots 19-20-21 Straw 12 bales Bobcat w/breaker laborer w/chain saw Stone #3 (3A) 19.15 ton Stone #1 (4) 19.65 ton -4- 36.00 370.00 255.62 i YNCI 1O 11/15/96 con't backhoe 7 hrs 385.00 truck 5 hrs 225.00 11/16/96 Lot 16 Tar foundation - backfill i' Lot 15 Gather debris and burn tree limbs, cut up trees, put in well line. put in conduit, dig and cover grade, dig electric line Lot 11 Electric line at well connector conduit Delivery loader Truck 3.2 Loader 6.1 Backhoe 8.2 Bobcat 4.1 Labor 9.0 11/18/96 Lot 12 Cover septic tank and finish wires - backfill trench 70.00 144.00 427.00 451,00 180.00 Lot 18 Cover rock grade and backfill. Put in electric conduit and telephone lines to lot 18 Haul fill from lot 14 to lot 18 Lot 14 Haul stone to lot 14 -5- ??t' ?L1 11/18/96 con't Lot 7 Start to backfill lot 7 Lot 17 Dig well, an cover fire Backhoe 5.2 286.00 Bobcat 2.6 104.00 truck 4.3 193.50 loader 7.4 518.00 labor 2.5 50.00 cement 1 pt. schedule 40 3" 60 ft PVC DWV 45 2 ea PVC DWV 22 1 ea PVC DWV Coup 8 ea Total 71.31 11/19196 Lot 12 repair sewer Lot 11 backfill trenches around foundations and steps Lot 18 cover fire, spread straw, cement hole around pipes for well line miscellaneous materials lot 16 cover trenches, grading lot 20-21 stone driveway, grading, place pavers, take trash out haul to bum area lot 14-15 cover trenches, grade put in.elect. TV, telephone in conduit, 2" pipe loader 4.7 329.00 backhoe 6.6 363.00 labor 10.6 212,00 bobcat 2.1 84.00 truck 3.0 135.00 -6- (?w ic?? ? I 11/19/96 con't Stone #2a 20.35 ton 124.58 Stone #2a 18.60 ton 113.80 Compresion splice 3 ea kit 3 wire 3/4 x 66 all weather tape 1 ea Duct seal, 1 lb 1 ea Silver duct tape 2" x 60 yd 1 ea Total 22.20 11/20/96 Lot 12 cover septic system - finish grade, finish wires Lot 18 Backfill well trench - truck haul stone - haul fill from lot 14 to 18. start to fill and grade to cover rock put in elect. TV, telephone and place in dust. Lot 17 load clean up fire debris, backfill trench fill around foundation truck haul fill Lot 14 backhoe - stone drive, level loader 7.4 bobcat 2.6 backhoe 5.2 truck 7.5 11/21/96 Lot 11 grade lot loader 1.9 spread straw 14-15-16 2.0 straw 9 bales go for materials Lot 17 dig sewer line -7- 518.00 104.00 286.00 337.50 133.00 40.00 27.00 LA ?.n.?... ,..... ,.. - ?,...????,.. LL _ I . .I , ter.. 11 /21 /96 con't lot 18 backfill and grade, clean up materials & debris loader 6.5 hrs 455.00 backhoe 1.0 55.00 bobcat 2.0 80.00 PVC primer 1 ea. PVC DWV 4" x 20' 40 ft. PVC DWV coup 8 ea PVC DWV 45 5 ea 82.01 11/22/96 Go for materials for sewer repairs to lots 17-18-11 Lot 7 Put in wires for pump - trench 300 ft aprox., cement hole where pipes went in Lot 18 Grade, cut hole in foundation Lot 11 Raise bottom w/stone, raise tank out of ground, grade to get some fill to rear where pipes exit house Go for materials 2 hrs 50.00 loader 4.0 hrs 280.00 backhoe 6.0 hrs 330.00 bobcat 4.0 hrs 160.00 schedule 40 pipe 4" 40 ft PVC DWV FE adpt 4 ea PVC DWV thrd plug 8 ea total 69.70 11/25/96 Lot 17 Tank was filled with mud, had to pump out water and remove mud, do resistance test, rewire pump, backfill tank, grade area, move topsoil pile, go for fittings -8- i 7i. VII 11/25/96 con't Lot 11 Reset septic tank, repair sewer, reset with loader and slings , backfill and grade, put in pipe from house to tank - dig trench with backhoe and backfill loader 5.9 413.00 Bobcat 1.3 52.00 backhoe 1.4 77.00 labor 8.5 177.00 12/9/96 Lot 17 Backfill partial, di electric trench, drain water, backfill by front stoop, go for parts backhoe 1.6 88.00 f labor 1.5 30.00 12/19/96 Lot 7 Repair sewer, wires burned at tank connection, grade driveway and stone backhoe 5.0 100.00 labor 5.0 275.00 12/30/96 t. Lot 16 Terrible mud conditions - cut off bank, grade, stone area Lot 14 Move dirt, place stone Lot 17 Stone more of drive -level and grade -9- U S 12/30/96 Lot 11 Cover septic tank and wires at house, main electric cable cover pipe at rear of house. backhoe 5.0 275.00 labor 5.0 100.00 Total amount due $15,681.08 DANIEL D. STEPHENS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6857 Civil V. Civil Action - Law DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw C. Grainger Bowman, Anthony S. Potter and Powell Trachtman Logan Carrle & Lombardo as counsel for Defendants in the above-captioned action. Michael D. Hess, Esquire will remain as counsel of record for Defendants in the above-captioned action. Accordingly, kindly forward all future correspondence to Attorney Hess. POWELL, TRACHTMAN, LOGAN, CARRLE & LOMBARDO, P.C. By An ony S. P her I.D. # 759 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 HB:51756v1 4116-01 CERTIFICATE OF SERVICE AND NOW, on October 12, 2004, I hereby certify that I have served a true and correct copy of the Praecipe for Withdraw of Appearance upon the following person(s) via first class U.S. Mail, postage prepaid. Albert J. Hajjar, Esq. 3003 North Front Street Harrisburg, PA 17110 Michael D. Hess, Esq. 951 Rohrerstown Road, #102 Lancaster, PA 17601 Kenneth A. Wise, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 HB:40411.14116-01 r r? rv v.rv iL. ? a. f .r DANIEL D. STEPHENS, Plaintiff V. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-6857 Civil TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants Douglas L. Zook and Oakwood Homes, Inc. in the above-captioned matter. POWELL, TRACHTMAN, LOGAN, CARRLE, BOWMAN & LOMBARDO, P.C. By OA'?_ C. Grainger 4okman I.D. #15706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: November 2, 2000 HB:40410.14116-01 II CERTIFICATE OF SERVICE AND NOW, on November 2, 2000, I hereby certify that I have served a true and correct copy of the Entry of upon the following person(s) via first class U.S. Mail, postage prepaid. Albert J. Hajjar, Esq. 3003 North Front Street Harrisburg, PA 17110 C'Laz= C. Crrainge wman HB:40411.14116-01 ?a o 10 ) t, w -? DANIEL D. STEPHENS, Plaintiff V. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-6857 Civil DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendants Douglas L. Zook and Oakwood Homes, Inc. ("Defendants"), by and through its attorneys, Powell, Trachtman, Logan, Carrle, Bowman & Lombardo, P.C., hereby submits the following Preliminary Objections to Plaintiffs Complaint pursuant to Pa.R.C.P. 1028, and in support thereof avers as follows: 1. PRELIMINARY OBJECTION RAISING INSUFFICIENCY OF ALLEGATIONS AGAINST DEFENDANT DOUGLAS L. ZOOK Plaintiff Daniel D. Stephens ("Plaintiff') initiated this action by filing a Complaint on or about October 6, 2000. 2. The Complaint alleges, in summary, that the Defendants entered into a contract with the Plaintiff to provide various construction and excavating services on several projects in Central Pennsylvania, and that the Defendants breached the contract by non-payment. 3. Plaintiff alleges that the contracts and actions upon which the instant complaint are based were and are between plaintiff and a corporation, Oakwood Homes, Inc. 4. Defendant Douglas L. Zook preliminarily objects to the Complaint on the ground that it improperly states a claim against Douglas L. Zook, individually. Pennsylvania law is clear that an individual defendant is not personally liable for HB:40418.14116-01 the debts of a corporation. Defendant Zook cannot be personally liable for a breach of contract because was not personally a party to the contract. WHEREFORE, Defendant Zook respectfully requests this Court to grant his preliminary objection by way of demurrer and dismiss all counts of Plaintiff's Complaint as to him. II. PRELIMINARY OBJECTION RAISING FAILURE TO STATE A CLAIM 6. Plaintiff's Complaint appears to allege that Defendant Douglas L. Zook acted at all times as an agent of Oakwood Homes, Inc. 7. Under Pennsylvania law, the agent for a disclosed principal cannot be liable for the principal. 8. Therefore, Defendant Douglas L. Zook preliminarily objects to the complaint on the grounds that it improperly states claims against agents for disclosed principals. WHEREFORE, Defendant Douglas L. Zook respectfully requests this Court to grant his preliminary objection by way of demurrer and dismiss all counts of Plaintiff's Complaint as to him. III. PRELIMINARY OBJECTION RAISING FAILURE TO CONFORM TO PA.R.C.P.1024 9. Plaintiff s Complaint did not allege whether the alleged contract between Plaintiff and Defendants was in writing or was oral. 10. Assuming the alleged contract between Plaintiff and Defendants was in writing, Plaintiff did not attach a copy of the written contract between the contracting parties as a part of the Complaint, which is contrary to Pa.R.C.P. 1024. 11. The Complaint being defective, must be stricken. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be stricken. HB:40418.14116-01 y IV. PRELIMINARY OBJECTION RAISING FAILURE TO CONFORM TO PA.R.C.P. 1024 12. Assuming the Complaint alleges that there is an oral contract between the contracting parties, the Complaint does not specify the terms of the contract such that Defendants can understand the nature of the defense. 13. The Complaint is therefore insufficiently specific to enable Defendant to mount a defense and the Complaint must be stricken. 14. Pa.R.C.P. 1019(a) requires that material facts upon which a cause of action is based shall be stated in a concise and summary form. The Complaint fails to set forth with specificity the terms of the contract and accordingly the Complaint must be stricken. WHEREFORE, Defendant respectfully requests that the Plaintiff s Complaint be stricken for insufficient pleading of material facts, or that Plaintiff be directed to plead over. POWELL, TRACHTMAN, LOGAN, CARRLE, BOWMAN & LOMBARDO, P.C. L By C. Grainger B an I.D. #15706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: December 26, 2000 HB:40418.14116-01 CERTIFICATE OF SERVICE AND NOW, on December 26, 2000, I hereby certify that I have served a true and correct copy of the Defendants' Preliminary Objections to Plaintiff s• Complaint upon the following person(s) via first class U.S. Mail, postage prepaid. Albert J. HaJar, Esq. 3003 North Front Street Harrisburg, PA 17110 C. Cnaing wman - HB:40411.14116-01 .e ye . C7 C. CD P )rye ? ` • :.? - _ - Q Co -. I DANIEL D. STEPHENS, Plaintiff V. DOUGLAS L. ZOOK, . Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-6857 CIVIL LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE AND ENTRY OF APPEARANCE To the Prothonotary: Kindly withdraw my appearance on behalf of Plaintiff Daniel D. Stephens and enter the appearance of Robert S. Mirin, Esquire. Respectfully Submitted: Kenneth A. Wise, Esquire Attorney I.D. No. /1 J ?1i 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838----, / I Robert S. Mirin, Esquire d Attorney I.D. No. 25305 The Law Offices of Robert S. Mirin 2515 N. Front Street Harrisburg, Pa 17110 Tele: (717) 909-9900 Fax: (717) 561-1616 SUSQUEHANNA@comcast.net ?: 0 , DANIEL D. STEPHENS, Plaintiff V. DOUGLAS L. ZOOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-6857 CIVIL LAW CERTIFICATE OF SERVICE I, Amanda Emerson, Paralegal, do hereby certify that on this the ? day of February, 2007, a true and correct copy of the foregoing Praecipe for Withdrawal and Entry of Appearance with respect to the above captioned matter has been served upon the following by first class mail prepaid to: Kenneth A. Wise, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road # 102 Lancaster, PA 17601 o--7 Date Amanda L. Emerson ?i ?? ? ?? i ? ? ?? ? ? rte: ? . l ?,i : ? ? Robert S. Mirin, Esquire Debra R. Mehaffie, Esquire Offices of Robert S. Mirin 2515 N. Front Street Harrisburg, Pa 17110 Phone (717) 909-9900 Fax (717) 561-1616 SUSQUEHANNAgcomcast.net Attorneys for Plaintiff ORIGINAL DANIEL D. STEPHENS, Plaintiff, V. : DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6857 CIVIL ACTION-LAW PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND REQUEST FOR SANCTIONS PURSUANT TO P.a. R.C.P. 4019 Plaintiff, Daniel D. Stephens, by and through his counsel, the Law Offices of Robert S. Mirin, hereby files this Motion to Compel Discovery and Request for Sanctions pursuant to Pa. R.C.P. 4019 and in support thereof avers as follows: 1. Plaintiff initiated this action by Complaint on October 6, 2000 alleging that Defendant Douglas L. Zook and Oakwood Homes, Inc. failed to pay for services rendered by Plaintiff. 2. Plaintiff filed an Amended Complaint on January 8, 2001 and Defendants filed an Answer thereafter. 3. Attorney Kenneth A. Wise represented Plaintiff until February 28, 2007, when The Law Offices of Robert S. Mirin entered their appearance on behalf of Plaintiff. t 4. The undersigned counsel for Plaintiff notified Defendants' counsel, Michael D. Hess, Esquire, of their involvement, by letter dated February 27, 2007 a copy of which is attached hereto as Exhibit "A". 5. On March 5, 2007, Plaintiff's counsel served upon Defendants' counsel an original and two copies each of Plaintiff's First Set of Interrogatories Directed to Defendants, Plaintiff's First Request for Admissions Directed to Defendants and Plaintiff s First Request for Production of Documents Directed to Defendants along with Certificates of Service for Each. A copy of said transmittal correspondence and discovery requests are attached hereto as Exhibit "B". 6. Defendants failed to serve answers or objections to the written Interrogatories, failed to produce any documents responsive to Plaintiff's Request for Production of Documents and failed to respond to Plaintiff's First Request for Admissions directed to Defendants thirty (30) days after service as required by the Pennsylvania Rules of Civil Procedure. 7. On April 23, 2007, the undersigned notified Attorney Hess in writing that no response had been received pertaining to the discovery nor any communication regarding the status of the overdue responses. A copy of said correspondence is attached hereto as Exhibit "C". 8. On April 26, 2007, Defense counsel forwarded correspondence to Plaintiff's counsel claiming that he did not receive Plaintiff's Requests for Admissions and that responses would be provided by May 8, 2007. A copy of said correspondence is attached hereto as Exhibit "D". 2 k 1 9. On April 27, 2007, Plaintiffs counsel again served the Admission Requests upon Defense counsel by facsimile and first class mail. A copy of said correspondence and facsimile transmittal receipt are attached hereto as Exhibit "E". 10. Defendant has not responded to any of Plaintiffs discovery requests and said responses remain outstanding. 11. As a result of this discovery dispute, Plaintiff has presently incurred attorney's fees amounting to $525.00. 12. As a result of the Defendant's failure to respond to outstanding discovery requests, Plaintiff s ability to move this matter forward has been impeded. 13. A copy of this Motion was forwarded to Attorney Hess, counsel for Defendants on June 27, 2007 by facsimile and first class mail. A copy of said transmittal correspondence is attached hereto as Exhibit "F". Defendants have not responded. WHEREFORE, Plaintiff requests that this Honorable Court Compel Defendants to promptly respond to all outstanding discovery. Plaintiff further requests that this Honorable Court Order Defendants to pay Plaintiffs reasonable attorney's fees incurred in this discovery dispute, Order that all unanswered Admissions are deemed admitted, and Order any other relief this Honorable Court deems just and appropriate. THE LAW OFFICES OF ROBERT S. MIRIN Date: --? 2 1 WoMift S. Mifin, Esquire Attorney I.D. 25305 Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 3 a DANIEL D. STEPHENS, Plaintiff, v. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6857 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Amanda L. Emerson, Paralegal, do hereby certify that on this 12`h day of July, 2007 I caused a true and correct copy of the foregoing Motion to Compel Discovery and Request for Sanctions to be served upon the following individual by first class mail postage prepaid: Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road, Suite 102 Lancaster, PA 17601-1974 (717) 391-5808 fax LAW OFFICES OF ROBERT S. MIRIN By: Amanda L. Emerson, Paralegal 4 LAW OFFICES OF ROBERT S. MIRIN COUNSELORS AND ATTORNEYS AT LAW Robert S. Mirin, Esquire 2515 N. Front Street Debra R. Mehaffie, Esquire Harrisburg, PA 17110 Laurence R. Wachs, Esquire (717) 909-9900 Fax:- (717) 561-1616. February 27, 2007 Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road #102 Lancaster, PA 17601 RE: ' Stephens v. Zook Cumberland County No. 00-6857 Civil Dear Attorney Hess: It is my understanding from speaking with your secretary that you represent Defendant Zook and Oakwood homes in the above referenced matter. I would appreciate an opportunity to speak with you with regard to the status of this matter. I look forward to speaking with you. Please contact myself or Debra Mehaffie at (717) 909-9900 at your earliest convenience to advise me as such. Sincerely, Robert S. Mirin ` Cc:, Daniel Stephens 'l LAW OFFICES OF ROBERT S. MIRIN COUNSELORS AND ATTORNEYS AT LAW Robert S. Mirin, Esquire 2515 N. Front Street Debra R. Mehaff e, Esquire Harrisburg, PA 17110 Laurence R. Wachs, Esquire (717) 909-9900 Fax: (717) 561-1616 March 5, 2007 Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road #102 Lancaster, PA 17601 RE: Stephens v. Zook Cumberland County No. 00-6857 Civil Dear Attorney Hess: Enclosed herein please f nd an original and two copies each of Plaintiff's First Set of Interrogatories Directed to Defendants, Plaintiff's First Request for Admissions Directed to Defendants and Plaintiff's First Request for Production of Documents Directed to Defendants along with Certificates of Service for each. We look forward to receiving prompt responses and listing this matter for arbitration in the near future. Thank you for your time and attention in this matter. Cc: Daniel Stephens (w/enclosures) Very truly yours, l 4. DANIEL D. STEPHENS, Plaintiff, V. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6857 CIVIL ACTION-LAW PLAIN T'S FIRSTRE'QUE'ST"FOR ADMIS'S'IONS' DIRE'CTED`TO' DEFENDANTS To: DOUGLAS L. ZOOK and OAKWOOD HOMES, INC. c/o Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road, Suite 102 Lancaster, PA 17601-1974 Plaintiff Daniel D. Stephens, by and through his counsel, The Law Offices of Robert S. Mirin, hereby serves the within Requests for Admissions upon the Defendants, pursuant to Pa. R.C.P. 4014. Each matter set forth herein shall be deemed Admitted unless you serve an Answer or Objection upon counsel for Plaintiff within thirty (30) days of the date of service hereof. INSTRUCTIONS. 1. These Requests for Admission and accompanying Interrogatories are directed to the Defendant, their officers, employees, agents, servants, assigns, representatives, past and present, and unless privilege is claimed, each and every attorney, past and present, of each and every such individual or entity. As used herein, "you" and "your" means the Defendant to which these Requests for Admission and accompanying Interrogatories are addressed, their officers, employees, agents, servants, assigns, representatives, past and present, each and every attorney, past and present, of each and every such individual and entity. 2. These Requests for Admission and accompanying Interrogatories encompass all information, documents and records that are in the possession, control or custody of Defendant or any of their officers, employees, agents, servants, attorneys, and assigns. 3. If any objections are made to .any Request for Admissions or to the accompanying` Interrogatory, the reasons therefor shall be stated. 4. If there is any claim of privilege relating to any Request to Admit or Interrogatory, you shall set forth fully the basis for the claim of privilege, including the facts upon which you rely to support the claim of privilege in sufficient detail to permit the Court to rule on the propriety of the privilege. 5. If your response to any Request is not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial shall fairly meet the substance of the Requested Admission, and when good faith requires that you qualify your answer or deny only a part of the matter which an admission is requested, you should specify so much of it as is true and qualify or deny the remainder. 7. You may not give lack of information or knowledge as a reason for failure to admit or deny, unless you state that you have made reasonable inquiry and that the information known to you or readily obtainable by you is insufficient to enable you to admit or deny. 2 h l 8. These Requests for Admissions and Interrogatories are continuous in nature and must be supplemented promptly if Defendant obtains or learns of different information between the date of the response and time of Trial, which Defendant knows that a previous response was incorrect when made, or though correct when made, is then no longer true. . ...... 9. Unless . . . otherwise indicated the time p .eriod to which these Requests for Admission and Interrogatories are directed is from August 1, 1996 through the present. YOU ARE REQUESTED TO ADMIT THE FOLLOWING: REQUEST FOR ADMISSION #1 1. From October, 1996, to March, 1997, and from time to time, Defendant requested that Plaintiff provide various construction and excavation services on several projects in central Pennsylvania. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. 3 M 1 REQUEST FOR ADMISSION #2 2. Exhibit "A" attached to Plaintiff s Amended Complaint represents services provided by Plaintiff for the benefit of Defendant relating to the "Limekiln Road" project. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. REQUEST FOR ADMISSION #3 Exhibit "B" attached to Plaintiff s Amended Complaint represents services provided by Plaintiff for the benefit of Defendant relating to the "Shippensburg" project. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. 4 REQUEST FOR ADMISSION #4 4. Exhibit "C" attached to Plaintiff s Amended Complaint represents services provided by Plaintiff for the benefit of Defendant relating to the "Chambersburg" project. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. REQUEST FOR ADMISSION #5 5. Exhibit "D" attached to Plaintiffs Amended Complaint represents services provided by Plaintiff for the benefit of Defendant relating to the "Green Township" project. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. 5 tv, REQUEST FOR ADMISSION #6 6. Exhibit "B" attached to Plaintiff's Amended Complaint represents services provided by Plaintiff for the benefit of Defendant relating to the "Lancaster" project. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. REQUEST FOR ADMISSION #7 7. Defendant has not paid the balance due to Plaintiff in the amount of $33,538.06. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. 6 REQUEST FOR ADMISSION #8 8. Defendant Douglas L. Zook dealt personally with Plaintiff during the period when work was requested and performed. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. REQUEST FOR ADMISSION #9 9. At all times, Defendant Zook acted as an individual and neither Defendant Zook nor any employee or agent of Defendant Zook advised Plaintiff any such individual was acting for a corporation or any other entity. If you do not admit the above Request, please identify why you cannot admit the Request in full, or why any part of it is not admitted. 7 a REQUEST FOR ADMISSION #10 10. All work performed by Plaintiff was done pursuant to oral direction as to the specific work to be performed, which directions were given from time to time by Defendant Zook or an employee or agent of Defendant Zook and these directions requested the work that is set forth in Exhibits "A" through "D" attached to Plaintiff's Amended Complaint. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. THE LAW OFFICES OF ROBERT S. MIRIN Date B Vora R. Mehafe, Esquire . No. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 8 DANIEL D. STEPHENS, Plaintiff, V. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6857 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Debra R. Mehaffie, Esquire, do hereby certify that on this day of March, 2007, I caused a true and correct original and two copies of Plaintiff's First Requests for Admissions Directed to Defendants to be served upon the following individual by first class mail by depositing same in the United States postage prepaid in Harrisburg, PA. Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road, Suite 102 Lancaster, PA 17601-1974 LAW OFFICES OF ROBERT S. MIRIN i By ij r ivlenaine, No. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 9 v DANIEL D. STEPHENS, Plaintiff, V. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6857 CIVIL ACTION-LAW PLAINTIFFS FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANTS To: DOUGLAS L. ZOOK and OAKWOOD HOMES, INC. c/o Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road, Suite 102 Lancaster, PA 17601-1974 You are hereby requested to answer the following Interrogatories in writing and under oath within thirty (30) days after service of the Interrogatories upon you in accordance with Pennsylvania Rule of Civil Procedure 4001, et seq. These Interrogatories are deemed to be continuing in nature and any information obtained by your subsequent to the filing of your answers to these Interrogatories which would have been included in the answers to these Interrogatories is to be supplied by the filing of supplemental answers. Further, both the party to whom these Interrogatories are addressed, and any expert who answers such Interrogatories, has a duty to supplement the response if he knows that the response though correct when made is no longer true. All information concerning statements, reports, memoranda, correspondence, maps, plans, photographs, investigation, etc., even though made or secured in anticipation of litigation or in preparation for trial must be furnished. w All Interrogatories pertaining to expert witnesses must be answered by said expert witness individually and signed by him or, in lieu thereof, the party may attach a report prepared and signed by the said expert witness if such report fully answers all Interrogatories addressed to such expert. All answers should be set forth in the space following each numbered " °" Interrogatory.' "Tf"said"°space"ifiriadequate'"for'tllis' purpose;'tlie °ariswer`maybe`set'°fortlz `on"" ' ' a supplemental sheet attached to the answer.. Verify that the facts set forth therein are true and correct to the best of you knowledge, information and belief. DEFINITIONS A. "Document" includes, in the plural as well as in the singular, any matter or tangible thing containing a recording, handwriting, typewriting, printing, photographing, or any other means of recording upon any tangible thing or any form of communication, including without limitation letters, words, pictures, sounds or similar combinations thereof, including, without limitation, correspondence, telegrams, notes of sound recordings, personnel or telephone conversations, meetings or conferences, memoranda, interoffice communications, studies, analysis, reports, results of investigations, drawings, records, transcripts, studies, notes or notations, charts, or papers similar to any of the foregoing, whether in the original or a draft form, however produced or reproduced, whether sent or received on either, including all copies thereof which are different in any way from the original; and it further includes any and all communications later reduced to a writing or confirmed by writing. [The term "document" includes all electronic, mechanical, electric and oral records of representation of any kind, including the originals 2 M i and all nonidentical copies, whether different from the originals by reason of any notation made on any such copies or otherwise, including without limitation, takes cassettes, recordings and all alterations, modifications, or changes of any of the above, including but not limited to records such as e-mail and voice mail and documents that have been optically scanned and stored on CD-Rom.] ` Identify Id'e' n ity or IderitiFication ffie& s when used in reference to:" 1. A natural person, his or her: (a) Full name; (b) Present or last known home and business address (including street name and number, city or town and state); and (c) Present or last known position, business affiliation and job description. 2. A company, corporation, association, partnership or legal entity other than a natural person, its: (a) Full name and type of organization or entity; (b) Address of principal place of business; and (c) Jurisdiction and date of incorporation or organization, if known. 3. Document: (a) Its description (e.g., letter, memorandum, report, etc.); (b) Its title and date, and the number of pages therein; (c) Its subject matter; 3 (d) Identity of its author, signor and any person who participated in its preparation. (e) The identity of its addressee or recipient; (f) The identity of each person to whom copies were sent and each person by whom copies were received; and (g) Its present location and the identity nifty-fifs custodian if any such document was, but is no longer in the possession of or subject to the control of the Defendant. State why and when disposition was made of it. 4. Oral communication: (a) The date, time, place, when and where it occurred; (b) The complete substance of the communication; (c) The identity of each person to whom such communication was made, each person by whom such communication was made, and each person who was present when such communication was made. C. "You" or "Your" includes the answering party and their representatives, employees, attorneys, agents, guardians, or other persons, as defined above, who are under the control or direction of the answering party or who acted on the answering party's behalf. D. "Person", "Persons" or "Representative" includes, but is not limited to attorneys, consultant, surety, indemnitor, insurer, agent, individual, corporations, associations or other entities of any nature. E. "Matter" refers to the allegations set forth in Plaintiff's Amended Complaint filed January 8, 2001 4 M F. Whenever the expression "and/or" is used in these interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. G. Whenever a date, amount or other computation of figure is requested, the .,. exact date, amount, or other computation or figure into lie given' unless it is now known;" and then, the approximate date, amount or other computation or figure shall be given or the best estimate thereof, and the answer shall state the date, amount or other computation or figure is an estimate or approximation. H. No answer is to be left blank. If the answer to an interrogatory or subparagraph of an interrogatory is "none" or "unknown", such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of privilege is to be stated. CLAIMS OF PRIVILEGE If information or knowledge sought by any of these interrogatories is withheld based on privilege, work product or any other reason, you shall indicate the precise reason why its disclosure is privileged. 5 INTERROGATORIES 1. For each Defendant state your: a. Full name; b. Home address; C. Business address; d. Home telephone number; e. Business telephone number; f. Social security number; g. Pennsylvania tax identification number; h. Date of birth 6 N 2. Identify each person whom you expect to call as a fact witness at the trial of this action. 7 e. 3. As to each witness identified, set forth the following: a. Home address, business address and telephone number b. Occupation; . ......... C. The name 'm" to tYer (114. , orwhether s 6-if-e-, p ye,d (s) of emP o As to each witness identified, state the substance of the facts to which the witness is expected to testify. 9 State the name, address business address and capacity of all individuals having knowledge or discoverable matter relative to the within action not listed in any previous answer to this Interrogatories. (including both fact and expert witnesses). 10 t` U 6. Identify all trial exhibits that you intend to use at the trial of this matter and whether they will be used during liability or damages portions of the trial. 11 7. If you intend to use any admissions of a party at trial, identify such admission. 12 J If you, or someone not an expert subject to Pa. R.C.P. 4003.5 conducted any investigations, identify the following: a. The name, address and telephone number of each person, and the employer of said person, who conducted any investigation(s); and b. All notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. 13 9. Have you and / or anyone acting on your behalf obtained from any witness or person including the parties to this action, any reports, statements, recordings, etc., concerning the subject of this matter, and if so, indicate as to each: a. The name and address of the person making or preparing the same; b. The date and place made or prepared; C. The matter depicted; and d. The name and address of the person having possession, custody or control thereof. 14 10. Have you given any statements to any individuals regarding this incident? If so, please state: a. The name and address of each individual; and b. The substance of the statement 15 vy V 11. Have you ever been involved in a lawsuit (other than the subject matter)? If so, state the following: a. The nature of the lawsuit; `b.'° "' "The add"r'esses'of all'parties;" c. The disposition of the action; and d. The court in which the action was filed and the docket number to which the matter was assigned. 16 12. Itemize with specificity the equipment owned by you, including trucks, backhoes, earth movers, etc., during the period of August 1, 1996 through and including August 31, 1997 and indicate the following: a. Year of acquisition; 17 ?'. 13. State all the entities that you have had an interest in the past ten (10) years and indicate: a. The date each entities was formed; b. The names, addresses, and phone numbers for every officers and person holding any interest in each entity; C. The status of the entity from August 1, 1996 through and including August 31, 1997. d. The status of the entity as of the date of answering these interrogatories 18 14. State with specificity every service that Plaintiff Daniel D. Stephens provided for you from October 1, 1996 through and including March 31, 1997 and indicate: a. What service was provided; 6.. ,. When the "'sefvices...were pf6vided .. C. Where the services were provided; d. Whether the service was provided based upon an oral or written agreement; and The fair market value for the services performed 19 fi !l 4 15. State all the employees, agents, independent contractors, subcontractors and any other individuals who worked for and with you in any capacity from August 1, 1996 through and including August 31, 1997 and indicate: a. The name, current address and telephone number for each individual; b. Whether the individual had any contact or conversation with Plaintiff Daniel D. Stephens; and C. If the answer to subpart (b) is in the affirmative, state the substance of the contact or conversation that the individual had with Plaintiff. 20 ti .r ? 16. Identify any and all documents relied upon, referred to or otherwise used to prepare, formulate or draft Defendant's responses to each of these interrogatories. THE LAW OFFICES OF ROBERT S. MIRIN Date: ?- R. Mehaffie, Esquire .D. No. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 (717) 561-1616 fax 21 DANIEL D. STEPHENS, Plaintiff, V. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6857 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Debra R. Mehaffie, Esquire, do hereby certify that on this'-J day of March, 2007, I caused a true and correct original and two copies of Plaintiff s First Set of Interrogatories to be served upon the following individual by first class mail by depositing same in the United States postage prepaid in Harrisburg, PA. Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road, Suite 102 Lancaster, PA 17601-1974 FFICES OF ROBERT S. MIRIN Date i ?? Mehaffie, Esquire ..D. No. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 22 V DANIEL D. STEPHENS, Plaintiff, V. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6857 CIVIL ACTION-LAW PLAINTIFF'S •FIRST REQUEST .FOR PRODUCTION-OF -DOC - M ENTS DIRECTED TO DEFENDANTS To: DOUGLAS L. ZOOK and OAKWOOD HOMES, INC. c/o Michael D. Hess; Esquire Burke & Hess 951 Rohrerstown Road, Suite 102 Lancaster, PA 17601-1974 Plaintiff, Daniel D. Stephens, by and through their counsel, the Law Offices of Robert S. Mirin, requests the Defendants, Douglas L. Zook and Oakwood Homes, Inc., in accordance with Pa. R.C.P. 4007.1(d) and Pa. R.C.P. 4009 to provide or make available for inspection and /or copying the originals and authentic and legible copies of the following documents and /or things within thirty (30) days day receipt of this Requests at the Law Offices of Robert S. Mirin, 2515 N. Front Street, Harrisburg, Pennsylvania 17110. This request is deemed continuing in nature. INSTRUCTIONS A. In responding to these Requests you are required to obtain and furnish all information available to you and any of your representatives, employees, agents, brokers, servants or attorneys and to obtain and furnish all information in your possession or under your control, or in the possession or under the control of any of your representatives, employees, agents, servants or attorneys. B. Each Request should be responded to separately. However, a document which is the response to more than one Request may, if the relevant portion is marked or indexed, be produced and referred to in a later response. C. All documents produced shall be segregated and identified by the paragraphs to which they are primarily responsive. Where required by a particular paragraph of this Request, documents produced shall be further segregated and identified as indicated in this paragraph. For any documents that are stored or maintained in files in the normal Ar course of business, such documents shall be produced in such files or in such a manner as to preserve and identify the file from which such documents were taken. D. If you object to part of any Request, please furnish documents responsive to the remainder of the Request. E. Each Request refer to all documents that are either known by the Defendants to exist or that can be located or discovered by reasonable diligent efforts of the Defendants. F. The documents produced in response to these Requests shall include all --attachments and-enclosures G. The documents requested for production include those in the possession, custody or control of the Defendants, their agents, representatives or attorneys. H. References to the singular include the plural. I. The use of any tense of any verb shall be considered also to include within its meaning all other tenses of the verb so used. J. Please note, that pursuant to Pa. R.C.P. 4007.4 you are under a continuing duty to reasonably supplement the production of documents obtained subsequent to the preparation and filing of a response to each Request. K. All documents called for by these Requests or related to these Requests, for which the Defendants claim a privilege or statutory authority as a ground for not producing a document shall be listed chronologically as follows: a. The place, date and manner of recording or otherwise preparing the document; b. The name and title of the sender; C. The identity of each person or persons (other than stenographic of clerical assistants) participating in the preparation of the document; d. The identity and title, if any, of any person or persons supplying Defendant's attorney with the information requested above; e. The identity of each person to whom the contents of the document have heretobefore been communicated by copy, exhibition, sketch, reading, or substantial summarization, the dates of said communication, and the employer and title of said person at the time of said communication; f. Type of document; 2 It g. Subject matter (without revealing the information for which privilege or statutory authority is claimed); and h. Factual and legal basis for claim, privilege or specific statutory or regulatory authority which provides the claimed ground for not producing the document. L. Each Request to produce a document or documents shall be deemed to call for the production of the original document or documents to the extent that they are in, or subject to, directly or indirectly, the control of the parry to whom this Request is addressed. In addition, each Request should be considered .as °including, .a . Request for --separation production of all copies and, to the extent applicable, preliminary drafts of documents that differ in any respect from the original or final draft or from each other (e.g. by reason of the differences in form or content or by reason of handwritten notes or comments having been added to one copy of a document but no on the original or other copies thereof). M. All documents produced in response to this Request shall be produced in full notwithstanding the fact that portions thereof may contain information not requested. N. If any documents requested herein have been lost or destroyed, the documents so lost or destroyed shall be identified by author, date, and subject matter. 0. Where exact information cannot be furnished, estimated information is to be supplied to the extent possible. Where estimation is used, if should be so indicated, and an explanation should be given as to the basis of which the estimate was made and the reason exact information cannot be furnished. P. With respect to any document requested which was once in your possession, custody or control, but no longer is, please indicate the date the document ceased to be in your possession, custody or control, the manner in which it is ceased and the name and address of its present custodian. Q. Unless otherwise indicated, each Request is to be construed as encompassing all documents that pertain to the stated subject mater and to events that transpired between the first date of Defendant's involvement with Plaintiffs until the present. R. Production can be accomplished by the means permitted and within the time provided by the Pennsylvania Rules of Civil Procedure. DEFINITIONS A. The term "you" and "yourself' refers to the party to whom the following Requests are addressed, and its agents, representatives, officers, directors, affiliates, predecessors and successors in interest, parents, divisions, subsidiaries, area and regional offices and 3 t? i employees, including persons or entities outside the United States or other persons acting or purporting to act on behalf of the Defendants. B. The term "person" means natural persons, firms, proprietorships, associations, partnerships, corporations, and every other type of organization or entity. C. The "possession, custody, or control" includes joint or several possession, custody or control, not only by the Defendants, but by any person acting or purporting to act on behalf of them, whether as an employee, attorney, accountant, appraiser, consultant, business agent, sponsor, spokesman or otherwise. D. The term "document(s)" means: (a) All writings of any kind, including the originals and all identical copies, whether different from the original by reason of any notations made on such copies or otherwise, including, without limitation the following: Correspondence, memoranda, notes, diaries, reports, studies, statements, summaries, inter-office and intra-office communications, notations and / or memoranda of any sort of conversations, telephone calls or meetings or other communications between persons, bulletins, and all drafts, alternations, modifications, changes and amendments of any of the above. (b) Graphic records or representations of any kind, including the originals and all non-identical copies, whether different from the originals by reason of any notations made on such copies or otherwise, including without limitations the following: photographs, diagrams, sketches, drawings, and all drafts, alterations, modifications or changes of any of the above. (c) All electronic, mechanical, electric and oral records of representations of any kind, including the originals and all non-identical copies, whether different from the originals by reason of any notation made on any such copies or otherwise, including without limitations, tapes, cassettes, recordings and all alterations, modifications, or changes or any of the above, including but not limited to records such as e-mail and voice mail and documents that have been optically scanned and stored on CD-Rom. E. The term "all documents" means every document as above defined known by you to exist, as well as every document which can be located or discovered by diligent effort. F. The term "occurrence" as used herein is defined to refer to the incident averred to in the Plaintiff's Amended Complaint. G. The term "relating to" means consisting of, referring to, describing, discussing, constituting, evidencing, containing, reflecting, mentioning, concerning, pertaining to, citing, summarizing, analyzing or bearing on any logical or factual connection with the matter discussed. 4 l H. The term "claim" means a demand or assertion, whether oral or written, formal or informal, by any person for monetary payment, the undertaking of action or the cessation of action. I. The term "any" shall also mean "all" and visa versa. J. The term "and" shall mean "or" and "or" shall mean "and" as necessary to call for the broadest possible answer. 1. REQUESTS Each and every document, record and communication identified in response to Plaintiff's First Set of Interrogatories. 2. The entire contents of any investigative file or files in your possession or in the possession of any insurance company, investigation agency or anyone acting on your behalf, who is any way connected with this action excluding references to mental impressions, conclusions or opinions representing the value or merit of the claim or respecting strategy or tactic and privileged communications to and from counsel. 3. Any and all statements concerning the matter from all witnesses, including any statements from the parties herein or their respective agents, servants or employees. 4. All reports and curriculum vitae of those experts who are to be called by you as witnesses at trial, which reports were made or secured by you in connection with your investigation of this lawsuit. 5. All reports, statements or other documents prepared by any non-experts who will testify at trial. 6. All documents or other demonstrative evidence and / or exhibits you intend to offer at the trial of this case. 7. Federal, State and Local Income Tax Returns for the years 1995, 1996, 1997 and 2006. 5 * 8. All documents that support your assertions that work was not approved as completed or at the price charged. THE LAW OFFICES OF ROBERT S. MIRIN Date:; n. ?. .? 71bra R. Mehaffie, Esquire 11D. No. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 6 DANIEL D. STEPHENS, Plaintiff, V. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6857 CIVIL ACTION-LAW CERTIFICATE OF SERVICE, j I, Debra R. Mehaffie, Esquire, do hereby certify that on this J dvay of March, 2007 I caused a true and correct original and two copies of Plaintiff s First Request for Production of Documents Directed to Defendants to be served upon the following individual by first class mail by depositing same in the United States postage prepaid in Harrisburg, PA. Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road, Suite 102 Lancaster, PA 17601-1974 By: OFFICES OF ROBERT S. MIRIN k i. . /'? . a R. Meli ffie, Esquire .5. No. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 7 LAW OFFICES OF ROBERT S. MIRIN COUNSELORS AND ATTORNEYS AT LAW Robert S. Mirin, Esquire 2515 N. Front Street Debra R. Mehaffie, Esquire Harrisburg, PA 17110 Laurence R. Wachs, Esquire (717) 909-9900 Fax: (717) 561-1616 April 23, 2007 Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road #102 Lancaster, PA 17601 RE: Stephens v. Zook Cumberland County No. 00-6857 Civil Dear Attorney Hess: On March 5, 2007 we served upon you Plaintiff's First Set of Interrogatory Directed to Defendants, Plaintiff's First Request for Admissions Directed to Defendants and Plaintiff's First Request for Production of Documents Directed to Defendants. We have not received any response to this discovery or any communication from you regarding the status of your client's overdue responses. Accordingly, we are treating the matters contained in the Requests for Admissions as admitted, pursuant to Pa. R.C.P. 4014. As to the outstanding responses for the Interrogatories and Requests for Production of Documents, we expect full and complete responses by the close of business on May 8, 2007. If we do not receive your client's responses by then, we will move forward with filing a Motion to Compel and request all appropriate sanctions provided for in Pa. R.C.P. 4019. Of course, if your client wishes to avoid the costs of continuing litigation and agrees to resolve this matter by paying the full amount he admitted is due to our client in the'"6ui f of $33,538.06, please forward a proposed settlement agreement to us to revievc7 with our client. Thank you for your anticipated cooperation in this matter. Very truly yours, Apr-26-07 09:17A BURKE & HESS 7173915808 BURKE & HESS ATTORNEYS AT LAW Michael D. Hess John G. Narkin Brian E. Chudzik Todd E. Brown Dawn D. Burke April 26, 2007 951 ROHRERSTOWN ROAD, SUITE 102 LANCASTER, PA 17601-1974 Debra R. Mehaffie, Esq. Law Offices of Robert S. 2515 N. Front Street Harrisburg PA 17110 RE: Ste»hens v. Zook Dear Ms. Mehaffie: Mirin VIA FAX 561-1616 Of Counsel: Mary Burke-Lang Ann M. Burke Telephone Fax P.01 (717) 391-2911 (717)391-5808 I am writing in response to your letter of April 23, 2007. The Interrogatories and Request for Production of Documents were sent to-Mr. Zook and I have not yet received a response. I wrote to him again today and requested a quick response. Mr. Zook has moved out of state and, given the long period of time that Plaintiff's counsel (not you, your predecessor) allowed this matter to languish, finding all necessary documents is difficult at best. I believe we will have responses by May 8 as you suggested. As to your "Requests for Admissions", we have not received any such Requests. While we did receive the Interrogatories and Requests for Production, there were no Requests for Admissions included in the envelope. I will assume they were inadvertently left out of the envelope and were not some subject of "sharp" practice. If you will fax them over, or resend them, I will be happy to respond to them also by May 8. As to your assertion that $33,538.06 "[Mr. Zook) admitted is due and owing", I do not know where that comes from. My understanding is that there was some sort of settlement agreement that Mr. Stephens agreed to years ago, but that he never signed it and sent it in to receive payment. Are you referring to that Agreement? Please let me know. I would suggest that Mr. Stephens may wish to honor the former Agreement. Since the filing of the suit, Mr. Zook moved out of state and has gotten married. Obviously this has a substantial effect on any judgment that Mr. Stephens may possibly get. I look forward to hearing from you. V V trul yichael D LAW OFFICES OF ROBERT S. MIRIN COUNSELORS AND ATTORNEYS AT LAW Robert S. Mirin, Esquire 2515 N. Front Street Debra R. Mehaffie, Esquire Harrisburg, PA 17110 Laurence R. Wachs, Esquire (717) 909-9900 Fax: (717) 561-1616 April 27, 2007 Via Fax to (717) 391-5808 and First Class Mail MichaeTD. Hess, Esquire Burke & Hess 951 Rolrerstown Road #102 Lancaster, PA 17601 RE: Stephens v. Zook Cumberland County No. 00-6857 Civil Dear Attorney Hess: In response to your letter of April 26, 2007, the Requests for Admissions were forwarded on March 5, 2007. I enclose a copy of our cover letter that was included in the packet specifically referencing the Requests for Admission. I would have expected commulucation from you if you did not receive any item referenced in my con espoldence. I cannot account for how your office handles incoming mail. That being said, we take the position that as a matter of law, your client admitted that 533,538;06 is due and owing to our client. This specific Admission was posed to your client, however no response to the contrary was served upon us within the time frames set forth in the Pennsylvania Rules of Civil Procedure. As a courtesy, I enclose another copy of the Requests for your reference. Mr. Zook's physical location is of no concern. I am aware that Mr. Zook and Oakwood Homes, Inc. holds substantial real property interests in Pennsylvania. Based upon the public records I have reviewed thus far, it appears as if you client(s) have plenty of assets to execute upon to satisfy airy judgment obtained. Again, if your client wishes to settle this matter, please forward a specific settlement proposal. for our review. Given the age of the matter, as you kindly pointed out on more than one occasion, I believe that it is our responsibility to advance this matter to a resolution. Therefore, we plan on listing this matter for arbitration in thirty (30) days from the date of this letter unless we reach a settlement by then. r Thank you for your time and attention in this matter. Very truly yours, Enclosures (Copy of Requests for Admissions originally forwarded on 3/5/07) Cc: Daniel Stephens (w/o enclosures) LAW OFFICES OF ROBERT S. MIRIN COUNSELORS AND ATTORNEYS AT LAW Robert S' My irin, Esquire Debra R. Mehaffie, Esquire Laurence R. Wachs, Esquire 2515 N. Front Street Harrisburg, PA 17110 (717) 909=9900 Fax: (717) 561-1616 March 5, 2007 Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road #102 Lancaster,, PA 17601 RE: Stephens v. Zook Cumberland County No. 00-6857 Civil Dear Attorney Hess: Enclosed herein please find an original and two copies each of Plaintiff's First Set of Interrogatories Directed to Defendants, Plaintiff's First Request for Admissions Directed to Defendants and Plaintiff's First Request for Production of Documents Directed to Defendants along with Certificates of Service for each. We look forward to receiving prompt responses and listing this matter for arbitration in the near future. Thank you. for your time and attention in this matter. Very truly yours, Cc: Daniel Stephens (w/enclosures) r DANIEL D. STEPHENS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V.: : NO. 00-6857 DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., : CIVIL ACTION-LAW Defendants PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANTS To: DOUGLAS L. ZOOK and OAKWOOD HOMES, INC. c/o Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road, Suite 102 Lancaster, PA 17601-1974 Plaintiff Daniel D. Stephens, by and through his counsel, The Law Offices of Robert S. Nfirin, hereby serves the within Requests for Admissions upon the Defendants, pursuant to Pa. R.C.P. 4014. Each matter set forth herein shall be deemed Admitted unless you serve an Answer or Objection upon counsel for Plaintiff within thirty (30) days of the date of service hereof. INSTRUCTIONS . I . These Requests for Admission and accompanying Interrogatories are directed to .. _._ --........... ......... _.....__ the Defendant, their officers, employees, agents, servants, assigns, representatives, past and present, and unless privilege is claimed, each and every attorney, past and present, of each and every such individual or entity. As used herein, "you" and "your" means the Defendant to which these Requests for Admission and accompanying Interrogatories are addressed,.-their officers, employees, agents, servants, assigns, representatives, past and r present, each and every attorney, past and present, of each and every such individual and entity. 2. These Requests for Admission and accompanying Interrogatories encompass all information, documents and records that are in the possession, control or custody of Defendant or any of their officers, employees, agents, servants, attorneys, and assigns. 3. If any objections are made to any Request for Admissions or to the accompanying Interrogatory, the reasons therefor shall be stated. 4. If there is any claim of privilege relating to any Request to Admit or Interrogatory, you shall set forth fully the basis for the claim of privilege, including the facts upon` which you rely to support the claim of privilege in sufficient detail to permit the Court to rule on the propriety of the privilege. 5. If your response to any Request is not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial shall fairly meet the substance of the Requested Admission, and when good faith requires that you qualify your answer or deny only a part of the matter which an admission is requested, you should specify so much of it as is true and qualify or deny the remainder. 7. You may not give lack of information or knowledge as a reason for failure to admit or deny, unless you state that you have made reasonable inquiry and that the information known to you or readily obtainable by you is insufficient to enable you to admit or deny. 2 8. These Requests for Admissions and Interrogatories are continuous in nature and must be supplemented promptly if Defendant obtains or learns of different information between the date of the response and time of Trial, which Defendant knows that a previous response was incorrect when made, or though correct when made, is then no longer true. 9. Unless otherwise indicated, the time period to which these Requests for Admission and Interrogatories are directed is from August 1, 1996 through the present. YOU ARE REQUESTED TO ADNHT THE FOLLOWING: REQUEST FOR ADMISSION #1 1. From October, 1996, to March, 1997, and from time to time, Defendant requested that Plaintiff provide various construction and excavation services on several projects in central Pennsylvania. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. i 3 REQUEST FOR ADMISSION #2 2. Exhibit "A" attached to Plaintiff's Amended Complaint represents services provided by Plaintiff for the benefit of Defendant relating to the "Limekiln Road" project. If you do not admit the above Request, please identify why you can not admit the Request in' fall, or why any part of it is not admitted. REQUEST FOR ADMISSION #3 3. Exhibit "B" attached to Plaintiff's Amended Complaint represents services provided by Plaintiff for the benefit of Defendant relating to the "Shippensburg" project. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. 0 REQUEST FOR ADMISSION #4 4. Exhibit "C" attached to Plaintiff's Amended Complaint represents services provided by Plaintiff for the benefit of Defendant relating to the "Chambersburg" project. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. REQUEST FOR ADMISSION #5 5. Exhibit "D" attached to Plaintiff's Amended Complaint represents services provided by Plaintiff for the benefit of Defendant relating to the "Green Township" project. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. 5 Y REQUEST FOR ADNQSSYON #6 6. Exhibit "B" attached to Plaintiff's Amended Complaint represents services provided by Plaintiff for the benefit of Defendant relating to the "Lancaster" project. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. ¦.- : -: :...-:: REQUEST FOR ADMISSION 98 8. Defendant Douglas L. Zook dealt personally with Plaintiff during the period when work was. requested and performed. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. REQUES'T' FOR ADMISSION #9 9. At all times, Defendant Zook acted as an individual and neither Defendant Zook nor any employee or agent of Defendant Zook advised Plaintiff any such individual was acting for a corporation or any other entity. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. 7 • REQUEST FOR ADMISSION #10 10. All work performed by Plaintiff was done pursuant to oral direction as to the specific work to be performed, which directions were given from time to time by DefendantZook or an employee or agent of Defendant Zook and these directions requested the work that is set forth in Exhibits "A" through "D" attached to Plaintiff's Amended Complaint. If you do not admit the above Request, please identify why you can not admit the Request in full, or why any part of it is not admitted. THE LAW OFFICES OF ROBERT S. MIRIN Date:' B epra R. Mehaffie, Esquire 'No. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 8 DANIEL-D. STEPHENS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.00-6557 DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., : CIVIL ACTION-LAW Defendants CERTIFICATE OF SERVICE I, Debra R. Mehaffie, Esquire, do hereby certify that on this day of March, 2007, I caused a true and correct original and two copies of Plaintiff's First Requests for Admissions Directed to Defendants to be served upon the following individual by first class mail by depositing same in the United States postage prepaid in Harrisburg, PA. Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road, Suite 102 Lancaster, PA 17601-1974 9 THE LAW OFFICES OF ROBERT S. MIRIN COUNSELORS AND ATTORNEYS AT LAW 2515 North Front Street Harrisburg, PA 17110 Telephone: (717) 909-9900 Fax: (717) 561-1616 susquehamia(a?comcastmet LETTER OF TRANSMITTAL DATE: TIME: ATTENTION: 7D. FROM: ROBERT S. MIRIN, ESQUIRE DEBRA R. MEHAFFIE, ESQUIRE LAURENCE R. WACHS, ESQUIRE AMANDA L. EMERSON, PARALEGAL ROSE HUNT, OFFICE MANAGER FAX NUMBER: NUMBER OF PAGES (INCLUDING COVER): MESSAGE THE INFORMATION CONTAINED IN THIS TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL. IT IS INTENDER ONLY FOR THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION MAY BE STRICTLY PROHIBITED. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, COLLECT AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE LISTED ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. ORIGINAL -DOCUMENT: (EL)' WILL NOT FOLLOW VIA MAIL S` 1 , TRANSMISSION VERIFICATION REPORT TIME 84/27/2087 13:18 NAME ROBERT S MIRIN ESO FAX : 7175611616 TEL SER.# BROE3J401203 DATE,TIME 04/27 13:14 FAX NO./NAME 3915808 DURATION 00:03:28 PAGE{%) 13 RESULT OK MODE STANDARD ECM THE, LAW OFFICES OF ROBERT S. MIRIN COUNSELORS AND ATTORNEYS AT LAW 2515 North Front Sheet Harrisburg, PA 17110 Teleph.oliv (717) 909-9900 Fax: (717) 561-1616 suaptreli Euma(a,comcastmet FAX NIJIVME.R: 1 NUMBER 0? PAGES (INCLUDING COVER):_ FRO,N4: ROBERT SMTRIN, ESQUIRE jR.C'WEHAFFIE, ESQUIRE _LA E R WACHS, ESQUIRE AMANDA. L. EMERSON, PARALEGAL ROSE HUNT, OFFICE MANAGER DATE: i ThME: ATTENTION. LETTER OF T RANSMITTAL V MESSAGE: LAW OFFICES OF ROBERT S. MIRIN COUNSELORS AND ATTORNEYS AT LAW Robert S. Mirin, Esquire Debra R. Mehaffie, Esquire Laurence R. Wachs, Esquire June 27, 2007 Via Fax to (717) 391-5808 and First Class Mail Michael D. Hess, Esquire Burke & Hess 951 Rohrerstown Road #102 L t PA 17601 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 Fax: (717) 561 ? 1616 ancas er, RE: Stephens v. Zook Cumberland County No. 00-6857 Civil Dear Attorney Hess: Enclosed herein please find a copy of Plaintiff's Motion to Compel Discovery and Request for Sanctions and attachments along with a copy of the proposed Rule to Show Cause that will be filed at the Cumberland County Court of Common Pleas. Kindly advise if you concur with the Motion prior to July 2, 2007. Thank you for your time and attention in this matter. .0 THE LAW OFFICES OF ROBERT S. MIRIN COUNSELORS AND ATTORNEYS AT LAW 2515 North Front Street Harrisburg, PA 17110 Telephone: (717) 909-9900 Fax: (717) 561-1616 susauehama@,comcastmet LETTER OF TRANSMITTAL DATE: 012--7/0-7 TIME: ? 4'5 l,,l/{'l ATTENTION: 1 yyiC?Gce????SS r4?, FROM: ROBERT S. MIRIN, ESQUIRE DEBRA R. MEHAFFIE, ESQUIRE LAURENCE R. WACHS, ESQUIRE AMANDA L. EMERSON, PARALEGAL ROSE HUNT, OFFICE MANAGER FAX NUMBER: (71 -l) ? Ig (- 5r'2/O b NUMBER OF PAGES (INCLUDING COVER): MESSAGE: THE INFORMATION CONTAINED IN THIS TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION MAY BE STRICTLY PROHIBITED. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, COLLECT AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE LISTED ADDRESS VIA THE UnPTAL SERVICE. THANK YOU. ORIGINAL DOCUMENT: WILL NOT FOLLOW VIA MAIL r TRANSMISSION VERIFICATION REPORT TIME 06/27/2007 10:48 NAME ROBERT :S MIRIN ESO FAX 7175611616 TEL SER.# BROE3J401203 DATE,TIME FAX NO./NAME 06/27 10:23 3915808 PAGE(S)DURATION 60:25:01 RESULT OK MODE STANDARD ECM THE LAW OFFICES OF ROBERT S. MIRIN_ COUNSELORS AND ATTORNEYS AT LAW 2515 North Front Street Harrisburg, PA 17110 Telephone: (717) 909-9900 Fax: (717) 561-16,16 susq uellazuxa(a,cvzncast. net LETTER OF TRANSMITTAL DATE: 2-7 D -7 TIME: _ 10 4-5 Lt m ATTENTION: 0 G Y `a FROM: ROBERT S. MIRIN, ESQUIRE DEBRA R. MEHAFF.I.E, ESQUIRE LA=NCE R. WACHS, ESQUME AMANT)A L. EMERSON, PARALEGAL ROSE HUNT, OFFICE MANAGER FAX NW, BER: NUMBER OF PAGES (INCLUDING COVER): MESSAGE: ? ? C3 - -:...? -?, ?' - c...., ? ; - ?? - ? J \.,yl ? ?{ ?;r _ 17 ? , ,_z1 ? __ 1 ' DANIEL D. STEPHENS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOUGLAS L. ZOOK AND OAKWOOD HOMES, INC., DEFENDANTS NO. 00-6857 CIVIL ORDER OF COURT AND NOW, this 6th day of August, 2007, upon consideration of the Plaintiff's Motion to Compel Discovery and Request for Sanctions pursuant to Pa. R.C.P. 4019; IT IS HEREBY ORDERED AND DIRECTED that the Defendants shall file an Answer to the Plaintiffs Motion on or before August 27, 2007. IT IS FURTHER ORDERED AND DIRECTED that a Discovery Status Conference will be held on Monday, September 17, 2007, at 10:00 a.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, obert S. Mirin, Esquire Debra R. Mehaffie, Esquire Attorneys for Plaintiff „ ichael D. Hess, Esquire Attorney for Defendants bas M. L. Ebert, Jr., V ©o Ir J. .; y r h?,??.` ;? ?,? ??s?''t'°?''?` 'v r ?? ? ? ?, ??? ???? ? ? ? ?? ""?} ` ?;!'`i'??'? _.r IN TOX COURT OF COMM PLUS OF Ctlt4$?D CO?iJ)F?i, P?t9YLVl?iliI11, D tIRI• Q. S' 'R EIlS, No. 00-6857 CiV41 Piainarf V. civil A 'tiou - JAW DOaC: AS L. ZOOK and t1 OD Hangs 41 INC -'r Defenda?n?e iiESF?IISR TO IM110" TO ta0 . DZaC0V=r bM 910= FCSL AAKMM 8i AND NOW, come the Defendants, by and through counsel, and file the following in response to the Motion to Compel Discovery and Request for Sanctions as filed by the Plaintiff: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted that Interrogatories and Request for Production were served, however, no Requests for Admissions were included. To that extent, the allegation is denied. 6. Admitted that no responses were provided. 7. Admitted. 8. Admitted. 9. Admitted that a set of Request for Admissions were sent via facsimile, it is Denied that they were mailed or otherwise properly served. lo. Denied. Defendants have now provided respon0aw, to, all outstanding discovery. - 'va.,?. .Yw .. '.9 ':1? ,,:r?,... .. t. - e4 11. Denied. Defendant's counsel called and spoke with Plaintiff's counsel in an attempt to resolve the dispute. Defendant's counsel provided a date on which the responses would be provided. Plaintiff's counsel stated is what not acceptable and filed the present Motion. Given that seven years have passed without any action on the part of the Plaintiff, and the fact that the Defendant moved to Colorado several years ago, it is not unreasonable in this case to receive an extension of a few weeks to find documents and respond. 12. Denied. Again, after seven years of doing nothing in this matter, it is unreasonable for the Plaintiff to now claim that this case is. being slowed by the Defendant's request for more time to respond. Further, this matter was previously negotiated and settled,-.by the parties with payment having been madeIto the Plaintiff'in settlement of this matter. 13. Denied. In a telephone conversation with Defendant's counsel's office, an extension was requested and was rejected by Plaintiff's counsel. The following day, this Motion was filed. WHEREFORE, Defendants request that the Motion be Denied. Respectfully submitted, BiTRKE & HESS By: Michael D. Hess ID# 63650 951 Rohrerstown Rd. Lancaster PA 17601 (717) 391-2911 PIT": DANIEL D. STEPHENS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOUGLAS L. ZOOK AND OAKWOOD HOMES, INC., DEFENDANTS NO. 00-6857 CIVIL ORDER OF COURT AND NOW, this l Ph day of September, 2007, after Discovery Status Conference with Counsel, IT IS HEREBY ORDERED AND DIRECTED that the Defendants shall file completed answers to all discovery as agreed upon on or before October 17, 2007. Defendants' request for attorney's fees is denied at this time. By the Court, M. L. Ebert, Jr., J. ,Aobert S. Mirin, Esquire Debra R. Mehaffie, Esquire Attorneys for Plaintiff Aichael D. Hess, Esquire Attorney for Defendants bas J VINV I SNN-::W ( Z :Z Wd t i d3s t00Z AWiQNOHiOdd 3H1 AO 3OU.40- G3114 0 4. 7 DANIEL D. STEPHENS Plaintiff _v_ DOUGLAS L. ZOOK and OAKWOOD HOMES, INC Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6857 CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL OF COUNSEL Kindly withdraw the appearance of Debra R. Mehaffie, Esquire on behalf of the Plaintiff in the above-captioned matter. Robert S. Mirin, Esquire remains counsel of record on behalf of the Plaintiff. y Submitted: e5b r3)2DI, Abra R. Mehaffie, Esquire o. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 DANIEL D. STEPHENS Plaintiff -v- DOUGLAS L. ZOOK and OAKWOOD HOMES, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6857 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Debra R. Mehaffie, Esquire, do hereby certify that on this, the day of March 2008, I did serve a copy of the foregoing PRAECIPE TO WITHDRAW OF APPEARANCE on the following person(s) and by first class mail, postage prepaid: Michael D. Hess, Esquire Burke & Hess 951 Rohrerestown Road, Suite 102 Lancaster, PA 17601-1974 Daniel Stephens 900 Landvale Street Marysville, PA 17053 Date: ' *fra R. Mehaffie, Esquire No. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 .. w 01 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. ------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) DANIEL D. STEPHENS (Plaintiff) VS. DOUGLAS L. ZOOK and OAKWOOD HOMES, INC. vs. (Defendant) gg Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on 10/21/08 and Trials commence on 11/17/08 Pretrials willbe held on 10/29/08 (Briefs are due S days before pretrials No. 00-6857 Term Indicate the attorney who will try case for the party who files this praecipe: Robert S. Mirin, Law Offices of Robert S. Mirin, 2515 N. Front Street, Harrisburg, PA 17110 Indicate trial counsel for other parties if known: Michael D. Hess, Burke & Hess, 951 Rohrerstown ., Ste. 02, r This case is ready for trial. Signed: z<V .40 PrintNarne: Robert S. Mirin, sq. Date: 09/12/08 Attorney for: Plaintiff ter, PA 17601 OI 1 ' 4 4 W s?$-.. #10 DANIEL D. STEPHENS, IN THE COURT OF' : OMMON P EAS Ok' Plaintiff CUMBERLAND COUNTY, PENN SYLVANIA CIVIL ACTION - LAW L>O JGLAS L. ZOOK AND, v 0 OAKWOOD HOMES, INC., ; o Defendants NO. 00-6857 CIVIL TERM C-) i:il ' 7 --4 rn 711, c? PRETRIAL CONFERENCE s -- ?? A pretrial conference was held in the chambe?iz_-- -. ofd - t t -;... co Judge Oler in the above-captioned case on Wednesday, Octobe 2Q J to 2008. Present on behalf of Plaintiff was Robert S. Mirin, Esquire, and present on behalf of Defendants was Michael D. Hess, Esquire. This is an action for a breach of contract and unjust enrichment arising out of excavation work allegedly performed by Plaintiff for Defendants and not fully paid for. This will be a jury trial in which each side pursuant to an agreement of counsel will have four peremptory challenges for a total of eight. The estimated duration of trial is two days. Issues which may be expected to arise at trial include the liability of the individual Defendant to the Plaintiffs and the effect, if any, of an alleged settlement which the parties reportedly reached on an earlier occasion. With respect to the latter issue, it is noted that this particular issue has not been pled and it may be doubted whether it would consequently serve as a defense in the case. With respect to settlement negotiations, it does appear to the Court that there is at least a possibility of settlement. DAVID D. STEPHENS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-6857 CIVIL TERM DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 17th day of November, 2008, by agreement of the parties, verdict is entered against the Defendant and in favor of the Plaintiff in the amount of $25,000.00. If unpaid, Plaintiff may enter judgment on the verdict any time after 30 days from today's date, in which case interest shall be payable at the judgment rate from April 1st, 1997. By the Court, Edward E. Guido, J. ROBERT S. MIRIN, Esquire 2515 North Front Street Harrisburg, PA 17110 For the Plaintiff /ICHAEL D. HESS, Esquire Burke & Hess 951 Rohrerstown Road ##102 Lancaster, PA 17601 For the Defendants Court Administrator ha"C, srs ?P, ss rn r LCC iiftglD? Z0 •8 144 61 AON ROOZ DANIEL D. STEPHENS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-6857 CIVIL TERM DOUGLAS L. ZOOK and OAKWOOD HOMES, INC., Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 22nd day of April, 2009, the caption in the Order of Court and Transcript of Proceedings dated November 17, 2008, are amended to reflect that the Plaintiff is Daniel D. Stephens rather than David D. Stephens. Edward E. Guido, J. ZRobert S. Mirin, Esquire For the Plaintiff ? Michael D. Hess, Esquire For the Defendants srs Cor;E;g "'WLL I Z : I Wd ZZ sdv 60oz da'sl_?_ f i i ?`a 3i- i ?Cj