HomeMy WebLinkAbout01-1876 FX
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
~
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 0 I-I 'i~ c.;,,; \
NOTICE OF APPEAL
~1i.K"-h la, ;;tOG\
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from fhe judgment rendered by the
District Justice on the date and in the case mentioned below.
NAME OF APPELLANT
Ref\\..-P{ $~vic.es lloN Y-.LGI~6fl
MAG. DIST. NO. OR NAME OF O.J.
Oq - 1-0 I
ADDRESS OF APPELLANT
150 q ~~I\-R.. (.L.I"FF" DILIV G:
CITY ..
e~ \;-lll...L
ST1tE
("'J't.
ZIP CODE
\70 II
DATEOFJ;r~Nlo,
IN THE CASE OF (PLAINTIFF)
c..IloSS:&>A~S P!"lop, M.6M-T
(DEFENDANT)
vs. i2."E:f'\I...-rY <;.\E1L\.J tl..e~
CV YEAR
('.1)- fgeX)()() 35' ~Ol
SIGNATURE OF APPEU,ANT OR HIS ATTORNEY OR AGENT
CLAIM NO.
"'I
~..'!.."'.
c:::r::r ."
LT YEAR
This block will be signed ONLY when this notation is requireo under PA.
R.C.P.J.P. No. 1008B.
This notice of Appeal, when received by the District Justice, VliII operate as
A SUPERSEDEAS to the Judgment for possession in this case.
If app,e/(l1n/ was Claimant (see P,A R.C.P.J.P.
No. / ad/ (6)) in action belore district Justice, he
MUST FILE A COMPLAINT within .twenty (20)
days. after filing his NOTICE of APPEAL.
Signature of Prothqnot~~y Qf Deputy
, . " ....' "'" "PJ;lAE;PIPETQ E;Nl~RR\JLE rd FILE CO~r~AI~T AND RU~E TO FiLE, ,,' .
(This section of form'to be used ONLY when appellant was DEFENDANT (see PA'R.C.P.J.P. No. 1001(7) in action before District Justice.
iF NOT USED, detach from copy of notice of appeal.to be served upon appellee...
PRAECIPE: To Protlionotary
Enter rule upon CRoss ~op,\:I So ,,~~~ W\6.u::::-
Name of appeJlee(s}
, appellee(s:)" to file a complaint in this appeal
(Common Pleas No.l1I-/81 ~
) within twenty (20) days after service of rule or sulfe
ros.
RULE: To
CIlCls~ ~M';,eR.o.(' M.Q,,..q'
Name 01 appelfee(s)
, appellee(s)
(1) You are notified that a rule is hereby entereo upon you to file a compl'lint in this appeal within twenty(20) days
after the date of service of this rule upon YOU by personal service or by certified.or registered mail.
(2) if you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
(3) The date of service of this rule if service was by mail is the date of the maili
Date: fY\ II rc-h 30 I
,Year /2.001
White -
Green -
Yellow
Pink
Gold
Prothonotary Copy
Court File Copy
Appelant's Copy
Appellee Copy
D. J. Copy
Proth. - 76
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE fO FilE COMPLAINT
(This proof of servige!MUST BE FILEDW1THIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANiA
COUNTY OF
_; 55
AFFIDAVIT: I hereby swear or affirm that I served
o a copy"of the Notice'of AppeakCommon Plea~, ~o. '" ': .::. _." .:.': ..' upo.~ th,~DistrictJustice designated therein on
(date, of service) .. -,' 'year. , Dby pe~s'onai ~k~i6~ O,5Y' (ce-rtified) (registered) mail, sender's
,'. ". .' ,
receipt attached hereto, and upon the appellee, (name .~___, on
, year ____u___, 0 by personal service 0 by (certified) (registered) mail, sender's receipt, attached hereto.
o iind further that /'served' the Rule to File a Complaint accompanying the above .Notice of Appeal, upon the appe/lee(s) to."
whom the Rule was addressed on _____.______, year ~_~,_, 0 by personal service 0 by (certified) (registered)
mail, sender1sreceipt attached hereto.
SWORN. (AFFIRMED);,AND.SUBSCRIBED BEFORE ME
THIS ~~ DAY OF ____, YEAR
Signature of Affiant
Signature of official before whom affidavit, was made
Titleofoffici~1
My commission expires on ____~~, year
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
,
09-1-01
NOTICE OF JUDGMENTITRANSCRIPT
CIVil CASE
PLAlNTIFF: NAME and ADDRESS
'cROSSROADS PROPERTY MANAGEMENT, INC
301 S. 32ND. STREET
SUITE 200
~P HILL, PA 17011
VS.
DEFENDANT: NAME and ADDRESS
'REALTY SERVICES/DON KLEIBER
1509 CEDAR CLIFF DR
CAMP HILL, PA 17011
L
-I
Mas_ Dist No.:
OJ Name: Hon.
CHARLES A. CLEMENT, JR.
Addr.", 1106 CARLISLE ROAD
CAMP HILL, PA
Telephoea (717) 761-4940 17011
.,
REALTY SERVICES/DON KLEIBER
1509 CRn~~ CLIFF DR
CAMP HILL, PA 17011
DocketNo.: CV-0000035-01
Date Filed: 1/16/01
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THIS IS TO NOTIFY YOU THAT:
Judgment: DRFAm.'l'.~ PL'I''F - .
[i] Judgment was entered for: (Name) C'Rnl'll'lROlt.nl'l PRnPRR'l'VVlt.1\1"lt.nRMRN'l'.
[i] Judgment was entered against: (Name) RRlt.TlI'V SRRVTC'.Rs/nn1\1" KT.RTRRR
in the amount of $
RIl'! c;o on:
(Date of Judgment)
""/07/01
o Defendants are jointly and severally liable.
o Damages will be assessed on:
(Date & Time)
O Amount of Judgment Subject to
Attachmen1lAct 5 of 1996 $
Amount of Judgment $ 826.00
Judgment Costs $ 57.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 883.50
Post Judgment Credits $
Post Judgment Costs $
-----------
------------
Certified Judgment Total $
o This case dismissed without prejudice.
o Levy is stayed for
days or 0 generally stayed.
o Objection to levy has been filed and hearing will be held:
Date: Place: "
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTlTRANSCR T FORM WITH YOUR NpTICE Of APPEAL.
Date f\ I 11 , DI'str'I,'ct J' ustic"e
1,/7/7001 ~
,
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date
, District J,ustice'
My commission expires first Monday of January,
2002
SEAL
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Gb1~M::;NWEALTH OF PENNSYLVANIA
COURT OF COM.M0N PLEAS..
..1.-
NOTICE OF APPEAL
FROM
JUDICIb,\DISTRICT
. .
'DJStRICT JUSTICE JUDGMENT
. ... j':1?l-- /o~"j){j'
COMMON PLEASN~, Or-lf:]t,,' <;.:0; \
N.O'. "T'::':I'C" ..E'. .....0:>: 'F" A' "p">..p' E' A' L' ~~t::'~::'~~,ful~!.~iS~}~:t~f5+J'~, ~)~;\
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Notice/is' given that the'appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the
District Justice on the date and in the case mentioned below. .
NAME OF APPELLANT ~
l'l.t::f'.1- ,'i $~l?,u( c..es./ "Do"'-' IlU..! if! ","Ii..
ADDRESS OF APPELLANT
150'1 (i~1l1'<. Cl-n=r- DR.IVG""
PA1':E:OF .IUDGtpENT
:'17101
C:A,~
CITY ..
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MAG: DJST. NO. OR NAME OF D.J.
Oq -1-0 !
STj6EJt,
ZIP CODE
1"70 I!
IN THE CASE Of (PLAINTIFF]
(,<-c>SeOi'd,$ . P1<oP, jl/\6""T
vs.
SIGNATURE OF APPELLA~.rr ORHtS ATTORNEY OR AGENT .__
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. .. If apjiiiilant waS .cliEiffT)ant is;" 'J PA R.CP.JP.
. No. 1001(6)) in aetiori betore distilcf;JEsii:e,he
. "" "MUST FILE A COMPLAINT w/1hin twenty (20)'
days after filing his NOTICE of APPEAL
(DEFENDANT)
\C.J2;l'\'-"-{ s*,-:1;l: u i L;: ~
CV YEAR
L T YEAR
r: \!-I!JOOOO ::'S-Ol
CLAll..rNO.
Thi"blPck will be signed ONLY when this notation is required under PA. ,.
R.Ce;w.p. No.1008S. .. .
This.'iiotice of )l<[l~e~l, WjJ~l].J\,c~lV~5!):).Y~\hep)~j9NLlS.tjc.'i-~I~oP;Ja\~~
A SUPERSEDE:AS'1'o tne"'JilsJgrt1''elihdr po~s~sSi6jfirf Mis case':" . .... . r ,
$JgnalU(e of P'o.fhonclary. or Deputy
(13-:; .-
','" ' PRAECIPE TO ENTER RUi,.E TO Fll.E C(>Mt'b"I~,!\~J?JlIJ"'.J;.TO FILE .
(Tfii.s section of form to be used ONLY when appellant w'as DEFENDANT (see PA ltC.P.J.P. No'.1001(7) in action before District Justice.
IF NOT USED, detach from copy.of notice of appeal' to be served upon a:ppeU~~. ~
PR:A.eCIPE: To Prothonotary }1t{7"l.;>i F;.'h'fJ;..,,,,,'f-tIfJ
Enter rule upon (J'<,oss\Lof\\; s. VQ.oI'eiC."\I~J\'b..r:-
Name of appefJee(s)
, appellee(s), to fire a comptaint in this appeal
(CQm~Pteas No. 61-181("
RULE: To'
(Qo~ ~ \.>'.; PRof N',/; ..ur
Name of appe/fes(s)
, appellee(s)
(1)
~"'"',
You .are notified that a rule is hereby entered upon you to. file acomlllaint in this appeai'within lw,mty(20) days
.... after the date of service of this rule upon you by persqnalserviceor by certified dr registered mail.
Date:
. ... ...
.. . .
.. . .
.. . . ...
..... . .
(2) .... If you do not file a complaint within this time, a JUDGMi;NT OF NON PROS WILL BE ENTERED AGAtNST YOU
~.YPON\RI}ECIPE.O: .
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(3) "'-The dale of SerVIce of this rule if service was by mail is'the date of the mait!;:l!J.., .--,--..,,..--.,
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;. :.~... .~ .' -. ,... '~sign~ri;"ofProthbnotaryor.Deputy
". IJ.
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Court File Copy
Appelan!'s Copy
Appellee Copy
D. J. Copy
,
Proth. - 76
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Postage $
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Certified. Fee
0070
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Total Postage & Fees $
03l30i2001
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ru Name (Please Print Cl,early) (To be completed by maile4.-
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
coMMONWEALTH OF PENNSYLVANIA
COUNTY OF C'"",,,,I,,"'JL.\_ cl.
; 55
AFFIDAVIT: I hereby swear or affirm that I served
o a copy of the Notiq>'of Appeal. Common Pieas No. _ 0 \ -1,,:1 b : ----,-__' upon/he District Justice designated therein on
(date of.service)._ _ '3 \ 3C)~~..~_, ye~r 2-00 {. '. '. ~ 0 by persorlal service ~y (certified) (registered) mail,. s,epder's
receipt attached hereto, and upon the appellee, (nameCQo"'s ~"I> So l''''''' l' \"^-q '-'.1::['____ ..,on
_~______3.~ ~b _, year _:f~_, 0 by personal service ~ (certified} (registered) mail, sender'~ receipt attached hereto.
o and'fUl1her. that I servE~:d the. Rule to File a Complaint accompanying the above Notic_e .of Appeal upon the appellee(s) to '
whom the Rule was addressed on ----2.\~----, year _ 2~J.__, 0 by personal service @tY (certified) (registered)
matil', sender's receipt attached heretD.
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Signature of official be . '. SEAL
. NOTAL .
hristie L. Underl<oiUer, Nolary ,PublIC
Title of official Camp Hili Bore, _t;U~11l1t1IIc;l.lld-e
My Commission Explles June 24, 2002
My commission e n _~~_, year __'
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CROSSROADS PROPERTY MANAGEMENT,
INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
v.
NO. 01-1876
REALTY SERVICES GROUP, INC.,
CIVIL ACTION - LAW
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take 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
Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
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CROSSROADS PROPERTY MANAGEMENT,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
v.
NO. 01-1876
REALTY SERVICES GROUP, .INC.,
CIVIL ACTION - LAW
Defendant
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) DI~S DE PLAZOAL PARTIR DE LA FECHA DE LA
DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA
ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE EN
FORMA ESCRITA SUS DEFENSAS 0 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 US TED SIN
PREVIO AVISO 0 NOTIFICACION Y POR CUALQUIER QUEJA 0 ALIVIO QUE ES
PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO 0
SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
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CROSSROADS PROPERTY MANAGEMENT,
INC. ,
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01-1876
REALTY SERVICES GROUP, INC.,
CIVIL ACTION - LAW
Defendant
COMPLAINT
AND NOW, comes Plaintiff, Crossroads Property Management,
Inc., by and through its attorneys, Law Offices Stephen C. Nudel,
PC, and respectfully files this Complaint as follows:
1. Plaintiff, Crossroads Property Management, Inc., is a
Pennsylvania corporation, having a business address of 301 South
32nd Street, Suite 200, Camp Hill, Pennsylvania 17011.
2. Defendant, Realty Services Group, Inc., is a
Pennsyivania corporation, having a business address of 1509 Cedar
Cliff Drive, Camp Hill, Pennsylvania 17011.
3. On or about June, 1999, Defendant and Plaintiff agreed
orally that Plaintiff would provide property management services
for various properties which included among others:
a. 314 Third Street, New Cumberland
b. 137 South 16th Street, Harrisburg
c. 2301 Ionoff Road, Harrisburg
d. 135 East Derry Street, Harrisburg
e. 3205 North 6th Street, Harrisburg
f. 3209 North 6th Street, Harrisburg
(collectively "Properties") owned by Defendant ("Agreement").
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4. Under the terms of the Agreement, Plaintiff agreed to
provide property management services which included, among other
duties, securing tenants for vacant rental properties and
performing routine maintenance and repairs to Defendant's
properties. In return, Defendant agreed to pay for, among other
things, the costs of all maintenance and repairs performed by
Plaintiff to its properties.
5. Despite request, Defendant has refused to pay eight
invoices for repair and maintenance performed by Plaintiff to its
properties. True and correct copies of the invoices are attached
hereto and made a part hereof collectively as Exhibit "A".
6. Pursuant to the terms of the Agreement, any invoice not
paid within thirty (30) days is subject to a 1.5% service fee.
7. Plaintiff has performed all conditions precedent to
bringing this action.
8. As a result of Defendant's refusal to pay the amount
due, Plaintiff filed the instant action at the District
Magistrate incurring costs of $57.50.
9. Despite request, Defendant has refused to make payment
to Plaintiff for the amount due as follows:
Invoice #7739
Invoice #7823
Invoice #7711
Invoice #8002
Invoice #7728
Invoice #7733
Invoice #29055
Invoice #29056
1.5% Service Fee on Amount Past Due
District Justice Costs
TOTAL:
$ 59.00
$ 126.00
$ 24.00
$ 118.00
$ 39.00
$ 230.00
$ 120.00
$ 110.00
$ 12.40
$ 57.50
$ 895.90
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WHEREFORE, Plaintiff respectfully requests this Honorable
Court to enter judgment in favor of Plaintiff and against
Defendant in the amount of $895.90 plus interest, costs of suit
and actorneys fees.
Respectfully submitted,
LAW OFFICES STEPHEN C. NUDEL, PC
Date:5j/lIOI
uJ\
hen C. Nudel Esquire
At orney ID #41703
Mark W. Allshouse, Esquire
Attorney ID #78014
. 219 Pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorneys for Plaintiff
_,""",_,'N'_
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--
ADDRESS 314 3rd St
INVOlCE# 7739
INVOICE DATE 121711999
Donald Klaiber
Realty Services Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
CALI.INOATE 11111/1999
SERVlCEDATE 11/11/1999
WORK REQUESTED
Check leak in bathroom that runs down into dining room.
ACCOUNT# C1019
SERVICE COMPlETEO
Caulk was cracking around tub and laying on tub ring so cleaned up and
recaulked cracks. Lever plate was on upside down. Replaced from trap up to
overflow.
Crossroads
Property Services Inc,
42 W. King St.
Lancaster, PA 17603
TAx ID: 25-1695929
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
lABOR $ 48
MATERlAL.$ 11
SUB CONTRACTORS.$
TOTAL.$ 59
Please pay upon receipt. Invoices not paid within 30 days vvifl be charged a 1.5% service fee.
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ADDRESS 137 S 16th
INVOICE # 7823
INVOICE DATE 1/11/2000
Donald Klaiber
Realty Services Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, pA 17011
CALL.lN DATE
SERVICE DATE 12/9/1999
ACCOUNT# C1019
WORK REQUESTED
Install new light in bathroom.
Crossroads
Property Services Inc.
SERVICE COMPL.ETED
Install light, switch, and GFI receptacle in bathroom.
42 W. King St.
Lancaster, PA 17603
TAx ID: 25-1695929
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
SUBCONTRACTORS$ 126
TOTAL $ 126
L.ABOR.$ MATERlAL.$
Please pay upon receipt. Invoices not paid INithin 30 days will be charged a 1.5% service fee. .
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ADDRESS 2301 lonoff
INVOlCEf# IT11
INVOICE DATE 11/19/1999
Donald Klaiber
Realty Services Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
CALL IN DATE
SERVlCEOATE 11/4/1999
WORK REQUESTED
Hot water will not stay hot.
ACCOUNT# C1019
Crossroads
Property Services Inc.
SERVICE COMPLETED
Power was being shut off when I arrived at property so could not check out hot
INater problem.
42 W. King St.
Lancaster, PA 17603
TAx 10: 25-1695929
Property Repairs
Maintenance
717.393,7440
Fax 393,9549
lABOR S 24
MATERIAL S
sua CONTRACTORS $
TOTAl S 24
Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee.
.
ADDRESS 135 E Derry
Donald Klaiber
Realty Services Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
INVOICE# 8002
INVOICE DATE 1/31/2000
CAl.L IN DATE 1/14/2000
SERVICE DATE 1/15/2000
ACCOUNT# C1019
WORK REQUESTED
Kitchen sink dogged,
Crossroads
Property Services Inc.
SERVICE COMPLETED
Ran auger through several times before line cleaned out. Replaced trap.
42 W. Kin9 51.
Lancaster, PA 17603
Tax 10: 25-1695929
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
lABORS 112
MATERIAl S 6
sua CONTRACTORS S
TOTALS 118
Please pay upon receipt. Invoices not paid within 30 days will be charged a 1,5% service fee.
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ADDRESS 314 3rd St., New Cumberland
Donald Klaiber
Realty Services Group, Inc.
1509 ~edar Cliff Dri....e
Camp Hill. PA 17011
INVOICE ## 7728
INVOICE DATE 11/19/1999
CALl.INOATE 11/9/1999
SERVlCEDATE 11/9/1999
WORK REQUESTED
Check kitchen faucet for constant drip.
ACCOUNT# C1019
Crossroads
Property Services Inc,
SERVICE COMPLETED
Replaced cartridge and 0 rings in kitchen faucet.
TAx ID: 25-1695929
42 W. King St.
lancaster, PA 17603
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
LABOR.$ 24
MATERlAl.$15
SUB CONTRACTORS $
TOTAL.$ 39
Please pay upon receipt. Invoices not paid within 30 days \ViII be charged a 1.5% service fee.
,
ADDRESS 2301 Janoff
Donald Klaiber
Realty Strvices Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
INVOICE # 7733
INVOICE DATE 12/7/1999
CAlL IN DATE 11/10/1999
SERVICE DATE 11/15/1999
WORK REQUESTED
Check no hot water.
ACCOUNT# C1019
Crossroads
Property Services Inc.
SERVICE COMPLETED
Troubles\,,!ot and repaired hot water heater. Replaced heating element.
42 W. King St.
Lancaster, PA 17603
TAx ID: 25-1695929
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
lABOR>
MATERiAl.. $
SUBCONTPACTORS $ 230
TOTAL $ 230
Please p~Y upon receipt. In....oices not paid INithin 30 days will be charged a 1.5% service fee.
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ADDMSS 3205 N 6th
Donald Klaiber
Realty Setvices Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
INVOICE if 29055
woRK REQUESTED
Basement sewer clogged; drain located at bottom of steps.
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INVOICE DATE 5/12/2000
CALL.INDATE 4114/2000
SERVlCEOATE 4/14/2000
ACCOUNT# C1019
Crossroads
Property Services Inc.
seRVICE COMPLETED
Auger out house trap and sevver out: to street. Flush line. Auger out side drain in
rear stairwell and flushed.
Tax ID: 25-1695929
L.A8OR'
MATERIAL $
SUB CONTRACTORS.$
Please pay upon receipt. lnvo.ices not paid within 30 days will be charged a 1.5% service fee.
TOTAl $ 120
ADDRESS 3209 N 6th
Donald Klaiber
Reatty services Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
INVOICE" 29056
WORt< REQUESTED
Sewer clogged.
SERVICE COMPLETED
Augered and flushed house trap and augered out to street.
Tax ID: 25-1695929
L.A8OR .
MATERIALS
SUB CONTRACTORS $
Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee.
TOTALS 110
42 W. King 51.
Lancaster, PA 17603
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
INVOICE DATE 5J1212000
CALL IN DATE 4/14/2000
SERVlCEDATE 4/14/2000
ACCOUNT# C1019
Crossroads
Property Services Inc.
42 W. King St.
Lancaster, PA 17603
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
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VERIFICATION
I. Brian Fulms~. President of Crossroads Property
Management, Inc., being authorized to do so, verify that the
statements in the foregoing document are true and correct to the
best of my knowledge, information and belief.
I understand that any false statements herein a~e made
subject to the penalties of 1B Pa.C.S.A. Section 4904, relating
to unsworn falsification to authorities.
CROSSROADS PROPERTY MANAGEMENT, INC.
Date:s/"IOJ
By:
Brian
President
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CROSSROADS PROPERTY MANAGEMENT,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
v.
NO. 01-1876
REALTY SERVICES GROUP, INC.,
CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in
the United States Mail, first-class, postage prepaid, at
Harrisburg, Pennsylvania, as follows:
Mr. Don Kleiber
Realty Services Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
Date: 5/IIID1
,
Ma W. Allshous
At orney ID #780
21 pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorney for Plaintiff
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CROSSROADS PROPERTY MANAGEMENT,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
v.
NO. 01-1876
REALTy SERVICES GROUP, INC.,
CIVIL ACTION - LAW
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take 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
Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
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CROSSROADS PROPERTY MANAGEMENT,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
v.
NO. 01-1876
REALTY SERVICES GROUP, INC.,
CIVIL ACTION - LAW
Defendant
.NOTICIA
LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUI ERE
DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,
USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA
DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA
ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE EN
FORMA ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS EN
CONTRA DE SU PERSONA. SEA AVISADO QUE SI US TED NO SE DEFIENDE,
LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN
PREVIO AVISO 0 NOTIFlCACION Y POR CUALQUIER QUEJA 0 ALIVIO QUE ES
PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO 0
SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
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CROSSROADS PROPERTY MANAGEMENT,
INC. ,
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01-1876
REALTY SERVICES GROUP, INC.,
CIVIL ACTION - LAW
Defendant
AMENDED COMPLAINT
AND NOW, comes Plaintiff, Crossroads Property Management,
Inc., by and through its attorneys, Law Offices Stephen C. Nudel,
PC, and respectfully files this Amended Complaint as follows:
1. Plaintiff, Crossroads Property Management, Inc., is a
Pennsylvania corporation, having a business address of 301 South
32"d Street, Suite 200, Camp Hill, Pennsylvania 17011.
2. Defendant, Realty Services Group, Inc., is a
Pennsylvania corporation, having a business address of 1509 Cedar
Cliff Drive, Camp Hill, Pennsylvania 17011.
3. On or about June, 1999, Defendant and Plaintiff agreed
orally that Plaintiff would provide property maintenance services
for various properties which included among others:
a. 314 Third Street, New Cumberland
b. 137 South 16th Street, Harrisburg
c. 2301 Ionoff Road, Harrisburg
d. 135 East Derry Street, Harrisburg
e. 3205 North 6th Street, Harrisburg
f. 3209 North 6th Street, Harrisburg
(collectively "Properties") owned by Defendant ("Agreement").
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4. Under the terms of the Agreement, Plaintiff agreed to
provide property maintenance services which included common
routine maintenance and repairs to Defendant's property. In
return, Defendant agreed to pay for the costs of all maintenance
and repairs performed by Plaintiff to its properties.
5. Despite request, Defendant has refused to pay eight
invoices for repair and maintenance performed by Plaintiff to its
properties. True and correct copies of the invoices are attached
hereto and made a part hereof collectively as Exhibit "A".
6. Pursuant to the terms of the Agreement, any invoice not
paid within thirty (30) days is subject to a 1.5% service fee.
7. Plaintiff has performed all conditions precedent to
bringing this action.
8. As a result of Defendant's refusal to pay the amount
due, Plaintiff filed the instant action at the District
Magistrate incurring costs of $57.50.
9. Despite request, Defendant has refused to make payment
to Plaintiff for the amount due as follows:
Invoice #7739
Invoice #7823
Invoice #7711
Invoice #8002
Invoice #7728
Invoice #7733
Invoice #29055
Invoice #29056
1.5% Service Fee on Amount Past Due
District Justice Costs
TOTAL:
$ 59.00
$ 126.00
$ 24.00
$ 118.00
$ 39.00
$ 230.00
$ 120.00
$ 110.00
$ 12.40
$ 57.50
$ 895.90
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WHEREFORE, Plaintiff respectfully requests this Honorable
Court to enter judgment in favor of Plaintiff and against
Defendant in the amount of $895.90 plus interest, costs of suit
and attorneys fees.
Respectfully submitted,
LAW OFFICES STEPHEN C. NUDEL, PC
Date: 5\18\0\
St phen C. Nudel, E
A orney ID #41703
Mark W. Allshouse, Esquire
Attorney ID #78014
219 pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorneys for Plaintiff
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ADDRESS 314 3rd 5t
INVOICE" n39
INVaCEDATE '1217/1999
Donald Klaiber
Realty Services Group, Inc:.
1509 Cedar Cliff Drive
Camp Hill. PA 17011
CAllIHDATE 11/11/1999
SERVICE DATE 11/11/1999
WORK REQUESTED
Check leak in bathroom that runs do'Ml into diningroom.
ACCOUNT II C1019
SERVIce COMPLETED
Caulk was cracking around tub and laying on tub ring so cleaned up and
recaulked cracks. Lever plate was on upside down. Replaced from trap up to
overflow.
Crossroads
Property Services Inc.
42 W. King 51.
Lancaster, PA 17603
TAx ID: 25-1695929
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
lABOR $ 48
MATERIAl $ 11
SUBCONTRACTORS $
TOTAL $ 59
Please pay upon receipt. Invoices not paid within 30 days \/ViII be charged a 1.5% service fee.
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ADDRESS 137 S 16th
INVOICE II 7823
INVOICE DATE 1/11/2000
Donald Klaiber
Realty Services Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
CAI..L IN DATE
SERVICE OATE 12/9/1999
ACCOUNT # C1019
WORK REo.UESiEO
Install new light in bathroom.
Crossroads
Property Services Inc.
SERVICE COMPLETED
Install light, switch, and GFI, receptacle in bathroom.
42 W. King St.
Lancaster, PA 17603
TAx ID: 25-1695929
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
LABOR'
Please pay upon receipt. Invoices not paid within 30 days Vv'ill be charged a 1.5% service fee. .'
MATERIAL $
SUB CONTRACTORS S 126
TOTAlS 126
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ADDRESS 2301 Jonoff
INVOICE /I n11
INVOICEDATE 11/19/1999
Donald Klaiber
Realty Services Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
CAll IN DATE
SERVICE DATE 11/4/1999
WORK REQUESTED
Hot water \'\411 not stay hot.
ACCOUHT# C1019
Crossroads
Property Services Inc.
SERVICE COMPLETED
Power was being shut off when I ac"ved at property so could not check out hot
water problem.
42 W. King St.
Lancaster, PA 17603
TAx 10: 25-1695929
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
lABOR; 24
MATERIAl;
SUB CONTRACTORS $
TOTAL $ 24
Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee.
,.
AODRESS 135 E Derry
Donald Klaiber
Realty Services Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
INVOICE". 8002
INVOICE DATE 1/31/2000
CALL1NDATE 1114/2000
SERVICE DATE 1/15/2000
ACCOUNT# C1019
WORK REQUESTED
Kitchen sink clogged.
Crossroads
Property Services Inc.
SERVICE COMPLETED
Ran auger through several times b~fore line cleaned out. Replaced trap.
42 W. King 51.
Lancaster, PA 17603
Tax 10: 25-1695929
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
lABORS 112
MATERIAl S 6
SUB CONTRACTORS S
TOTALS 118
Please pay upon receipt. Invoices not paid within 30 days 'Nill be charged a 1.5% service fee,
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ADDRESS 314 3rd St., NeW Cumberland
Donald Klaiber
Realty Services Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
INVOICE t#- n28
INVOICE DATE 11119/1999
CAlLINDATE 11/9/1999
SE~CEDATE 11/W1999
WORK REQUESTED
Check kitchen faucet for OJostant drip.
ACCOUNT" C1019
Crossroads
Property Services Inc.
SERVICE COMPlETED
Replaced cartridge and 0 rings in kitchen faucet.
TAx 10: 25-1695929
42 W. King St.
Lancaster. PA 17603
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
lABOR $: 24
MATERIAL $: 15
SUB CONTRACTORS $:
TOTAL $ 39
Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee.
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ADDRESS 2301 lonoff
Donald Klaiber
Realty Services Group, lnc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
INVOICE t#- n33
INVOICE DATE 12/7/1999
CAlL IN DATE 11/10/1999
SERVICE DATE 11/15/1999
ACCOUNT II C1019
WORK REQUESTED
Check no hot water.
Crossroads
Property Services Inc.
SERVICE COMPLE1ED
Troubleshot and repaired hot \vater heater. Replaced heating element.
42 W. King St.
Lancaster. PA 17603
TAx 10: 25-1695929
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
LASCR'
MATERlAl.$:
sua CONTRACTORS $ 230
TOTAl. $ 230
Please pay upon receipt. Invoices not paid 'Nithin 30 days will be charged a 1 .5% service fee. .'
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AIlDRtSS 3205 N 6th
Donald Klaiber
Realty Services Group, Inc.
1509 Cedar Cliff Orive
Camp Hill, PA 17011
INVOIa: II 29055
INVOK:E DATE 5/12/2000
CAl..1..INDAlE 411412QOO
SERVICE DATE 4/14/2000
woAK REQUESTED
Basement sewer dogged; drain located at bottom of steps.
ACCOUNT# C1019
SEfNlce COMPLETED
Auger out house trap and sewer out to street. Rush line. Auger out side drain in
rear staif\lYell and flushed.
Crossroads
Property Services roc,
42 W. King 51.
Lancaster, PA 17603
TaxlD: 25-1695929
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
LA8OR'
MATERIAl'
SUB CONTRACTORS $
TOTAL S 120
Please pay upon receipt. Invo,ices not paid 'Nithin 30 days will be charged a 1.5% service fee.
.
ACORESS 3209 N 6th
Donald Klaiber
Realty services Group, lnc,
1509 Cedar Cliff Drive
Camp Hill, PA 17011
INVOICE# 29056
INVOICE DATE 5/12/2000
CAlLINDATE 4/14/2000
SERVICE DATE 4/14/2000
WORI< REQUESTED
SeINer clogged.
ACCOUNT# C1019
Crossroads
Property Services Inc.
SERVICE COMPLETED
Augered and flushed house trap and augered out to street.
Tax 10: 25-1695929
42 W. King St.
Lancaster, PA 17603
Property Repairs
Maintenance
717.393.7440
Fax 393.9549
LA8OR'
MATERIAL $
SUB CONTRACTORS $
TOTAl $ 110
Please pl1Y upon receipt. Invoices not paid INithin 30 days will be charged a 1.5% service fee.
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VERIFICATION
J
I, Brian Fulmer, President of Crossroads Propetty
Management, Inc., being authorized to do 5.0, verify that the
statements in the foregoing document are true and correct to the
best of my knowledge, information and belief.
I understand that any false statements herein are made
subject to the penalties of 18 Pa.C.S.A. Section 4904, relating
to unsworn falsification to authorities.
CROSSR.OADS PROPERTY MA..'lAGBMENT, INC.
Date :5f/8(0{
By:
Brian 'U_
President
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CROSSROADS PROPERTY MANAGEMENT,
INC. ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
v.
NO. 01-1876
REALTY SERVICES GROUP, INC.,
CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served upon the following, by depositing a copy of the same in
the United States Mail, first-class, postage prepaid, at
Harrisburg, Pennsylvania, as follows:
Mr. Don Klaiber
Realty Services Group, Inc.
1509 Cedar Cliff Drive
Camp Hill, PA 17011
Date: 5\18\0\
llshous , Esquire
ID #78014
219 Pine Street
Harrisburg, PA 17101
(717) 236-5000
Attorney for Plaintiff
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CROSSROADS PROPERTY MANAGEMENT
INC.,
IN TIffi COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
v.
NO 01-1876
Realty Services Gronp, Inc
CIVIL ACTION - LAW
Defendant
RESPONSE TO COMPLAINT
AND NOW, this 23rd day of May, 2001, comes the Respondent, Realty Services Group, Inc, and files this
Response to the Complaint, a statement of which follows:
1. Admitted
2, Admitted
3. Denied Defendant has no recollection of having any discussion with Plaintiff relative to any contractual
matters relative to the list of properties provided.
Defendant is not the owner of any of the properties listed.
4, Denied. Defendant is not the owner of "properties" and has no recollection of any "agreement" as mentioned.
5, The averements of paragraph 5 are partially admitted and partially denied. Defendant admits having received
requests, Defendant denies knowledge that Plaintiff performed said work.
6. The averments of paragraph 6 are denied on two matters. Defendant has no recollection of any "agreement"
indicating accepatance of terms for interest service charges. Defendant has no recollection of any "terms of
Agreementl'.
7. The averments of paragraph 7 are neither admitted nor denied. Defendant can
neither admit or deny activity "performed" by Plaintiff relative to this matter,
8. The averments of paragraph 8 are neither admitted or denied. Defendant can neither admit or deny incurred
costs of Plaintiff relative to this matter,
9, The averments of paragraph 9 are partially admitted and partially denied. Defendant denies having received
a "request" for payment from Plaintiff in the amount of $895,50 as stated. Defendant admits that no payment was
tendered in the amount of $895.50 as alleged as bfi1J.g I!ge an J1llYllble.
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WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss this suit and enter
judgement in favor of Defendant and against Plaintiff.
Respectfully submitted,
Realty Services Group, Inc
Da1e:~\"\
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n Klaiber, Broker
Realty Services Group, Inc
1509 Cedar Cliff Drive
Camp Hill, Fa 170 l\
(717) 731-1000
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VERIFICATION
I Don Klaiber, Broker of Realty Services Group, Inc" being authorized to do so, verifY that the
statements in the foregoing document are true and correct to the best of my knowledge,
information, and belief
I understand that any false statements herein are made subject to the penalties of 18 Pa, C,
S, A Section 4904, relating to unsworn falsification to authorities.
Realty Services Group, Inc
Date: ~lz::r.lo \
By~\(t,o...~~
Don Klaiber
Broker
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CROSSROADS PROPERTY MANAGEMENT
INC"
IN TIIE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
v.
NO 01-1876
Realty Services Group, Inc
CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT A COPY OF TIIE FOREGOING HAS BEEN DULY SERVED UPON TIIE
FOllOWING, BY DEPOSITING A COPY OF SAME IN TIIE UNITED STATES MAIL, FIRST CLASS,
POSTAGE PREPAID, IN CAMP HILL, PA, AS FOLLOWS:
Mr, Brian Fulmer
c/o Attorney Stephen Nudel
219 Pine Street
Harrisburg, Pa 17101
Date:~2:3-\~J
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Don Klaiber, Broker \
Realty Services Group, Inc
1509 Cedar Cliff Drive
Camp Hill, Pa 17011
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CROSSROADS PROPERTY MANAGEl'vIENT
INC..
IN THE COURT OF OO'VfMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
y,
NO 01.]876
RCiI1!y Services Group, fnc
CIVIL ACTION - LAW
Defendant
QEFENDANT'S INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF-SET I
Defendant, Realty Services Group, lnc, by the undersigned, requests Illat Crossroads Property Managemenl, Inc., answer
under oatllthe following Interrogatories within lhiny (30) dyas of service in accordance with PA R. C,P. Rnles. . .
These Interrogatories are deemed to be continuing to the e"ient provided by Pa R.C,P, Rules:
INSTRUCTIONS
Please follow these instructions and use the following
definitions in answering these Interrogatories, Any term or word
,,,hich is not defined herein has its usual and customary meaning.
a. Each of the following Interrogatories shall be answered
separately and fully in writing. The answers shall be signed and
verified by the person making t.hem, Objections, if any, shall be
signed by the att.orney making them.
b. Where Jcnowledge or information in possession of a parley
is requested, such request includes knowledge of the party's
agents, employees, servants, officers, directors, accountants,
a.ttorneys (unless privileged), or other persons acting or
purporting to act on behalf of the party to whom these
Interrogatories are addressed. You must m~(e inquiries of your
agents, employees, etc., whenever such inquiry is necessary to
enable you to answer these Interrogatories completely and
accurately.
c, Wl'len, after a reasonable and thorough investigat.ion, you
are unable to answer any interrogatory, or any part. thereof,
because of lack of information available to you, specify in full
and complete detail the reason the information is not available
to you and what has been done to locate such information. In
addit.ion, specify what knowledge or belief you have concerning
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coulltieslboroughsltoWIlsbips in which the alleged work of "Exhibit A" was performed during the time periods when said work was
performed.
8. Provide copy of Plaintiffs Brokers license or conlinnation that Plaintiff was licensed in Pa to perform property management
services during the oeriod of time that alleged work was performed for services outlined in "Exhibit A" and any matter of tlus
lawsuit.
9, Identify and provide copies of all documents which you intend to present at the trial of this matter.
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CROSSROADS PROPERlY MANAGEMENT
INC..
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
v.
NO 01.1876
Realty Services Group, Inc
CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT A COPY OF TIlE FOREGOING HAS BEEN DULY SERVED UPON TIlE
FOLLOWING, BY DEPOSITING A COPY OF SAME IN TIlE UNITED STATES MAIL, FlRST CLASS,
POSTAGE PREPAID, IN CAMP HILL, PA. AS FOLLOWS:
Mr. Brian Fulmer
clo Attorney Stephen Nude!
219 Pine Street
Harrisburg, Pa 17101
Date:~1
~~~
'be , Broker
Realty Services Group, Inc
1509 Cedar Cliff Drive
Camp Hill, Fa 170 II
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CROSSROADS PROPERTY MANAGEMENT
INC.,
INTIIE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
v.
NO 01-1876
Really Services Group, Inc
CIVlLACTION - LAW
Defendant
RESPONSE TO COMPLAiNT
AND NOW, this 20TIi day of July , 2001, comes the Respondent, Really Services Group, Inc, and files Utis
Response to the Interrogatories, a statement of wltich follows:
1. Self
2, None to best of my knowledge
3. Tenant Placement: Realty Services Group does not recall having Plaintiff provide services for tenant placement, therefore,
answers to questions a, through f. are as follows:
a. Unknown
b, Unknown
c. UnknOWll
d. Unknown
e, Unknown
f. Unknown
4. #7739 a. No
b. Unknown
c, Unknown
4 # 7823a. No
b, UnknOWll
c, Unknown
4#7711 a, No
b. Unknown
c. Unknown
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4#8002 a. No
b.No
c. Unknown
4#7728 a. No
b. Unknown
c. Unlmown
4#7733 a. No
b. UnImown
c. Unknown
4#29055a, No
b. Unknown
c, Unknown
4#29056a. No
b. UnImoWII
c. Unknown
5. The question implies that Defendnat admit requesting services from Plaintifl; suiject of this suit, which is fell is inappropriate
and to which Defendant does not WIInt to admit by implication, In general, however, when Defendant requests any type of servie
from a vendor, Defendant relies upon vendors procedualt requirements rather than attemptil1g to impose a system upon the vendor.
6, Refer to responses of article #4, self explanatory...no recollection of alleged matters,
7. Refer to responses of article #4, self explanatory..,no recollection of alleged matters.
8, 1/7739 manager
# 7823 manager
11771I no affiliation
118002 no affiliation
End of Required Responses (40)
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VERIFICATION
I Don Klaiber, Broker of Realty Services Group, Inc., being authorized to do so, verifY that the
statements in the foregoing document are true and correct to the best of my knowledge,
information, and belief
I understand that any false statements herein are made subject to the penalties of 18 Pa. C.
S, A. Section 4904, relating to unsworn falsification to authorities.
Realty Services Group, Inc
Date: rl Cd> I "I
BY~~
on Klaiber
Broker
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CROSSROADS PROPERTY MANAGEMENT
INC..
IN TIIE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
v.
NO 01-1876
Realty Services Group, [ne
CIVIL ACTION - LAW
Derelldalll
CERTIFICATE OF SERVICE
I HEREBY CERTIFY mAT A COPY OF TIIE FOREGOING HAS BEEN DULY SERVED UPON THE
FOLLOWING, BY DEPOSITING A COPY OF SAME IN TIIE UNITED STATES MAlL, FIRST CLASS,
POSTAGE PREPAID, IN CAMP HILL, PA. AS FOLLOWS:
Mr. Brian Fulmer
c/o Attorney Stephen Nudel
219 Pine Street
Harrisburg, Pa 17101
Date:~t'
< ,--~UP-~
Don Klaiber, Broker /
Realty Services Group, Ine
1509 Cedar Cliff Drive
Camp Hill, Pa 17011
I
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THOMAS, THOMAS & HAFER, LLP
By: Peter J. Curry, Esquire
Identification No. 16622
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
(717) 255-7637
Attorney for Defendants
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CONSTANCE SWEIGERT and
JOHN SWEIGERT, her husband,
Plaintiffs
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY -
: PENNSYLVANIA
: DOCKET NO. 01-1942 Civil Term
SMITH RADIOLOGY, INC., : CIVIL ACTION - LAW
HENRY SMITH, D,O" and
GARRY MALNAR, D,O"
Defendants : JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Constance and John Sweigert, by and through their attorney,
Robin 1. Marzella, Esquire
3513 North Front Street
Harrisburg, PA 17110
You are hereby notified to plead to the enclosed New MatteT within twenty (20) days of
service hereof or the relief requested may be entered against you,
THOMAS, THOMAS & HAFER, LLP
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the unanswered portion of the interrogatory and set forth the
facts upon which such knowledge or belief is based.
d. Where an interrogatory does not specifically request a
particular fact, but where such fact or facts are necessary to
make the answer to the interrogatory either comprehensible, or
complete, or not misleading, you are requested to include such
fact or facts as part of the answer, and the interrogatory shall
be deemed specifically to request such fact or facts.
e. If in answering these Interrogatories you encounter any
ambiguity in a question, instruction, or definition, set forth
the matter deemed ambiguous and the interpretation you used in
answering.
f. If you assert a privilege, work product doctrine
immunity, or decline to provide an answer on the basis of some
other objection, please furnish the following:
1. Identify the Interrogatory to which an objection is
asserted or identify that document withheld;
2. State the nature of the asserted privilege and the
basis upon which it is claimed;
3.
matter of
withheld;
Provide a description of the nature and subject
the information requested or the documents
4.
sent, or
made;
Identify every person to whom the document was
every person present when the communication was
5.
Identify the present custodian of the document, if
any.
Include sufficient facts for the court to make a full
determination of whether the claim or objection is valid.
g. Unless otherwise indicated, these Interrogatories refer
to the time, places, and circumstances of the occurrences
mentioned or complained of in Plaintiff's Complaint and
Defendant's Answer.
h. "Plaintiff" means Crossroads Property Management, Inc.
"Defendant" means Realty Services Group, Inc., and its respective
officers, directors, employees and agents.
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i. The pronoun "you" refers to the party to whom these
Interrogatories are addressed, the party's agents,
representatives and, unless privileged, the party's attorney,
Additionally, the pronoun "your" refers to each parent,
predecessor, subsidiary, affiliate, and each present and former
officer, employee, agent, representative, and attorney of a
corporate or other business entity.
j. "Document" means any writing of any kind, including
written, recorded or graphic matter, however produced or
reproduced. It includes all matters that relate to or refer to
in whole or in part of the subject referred to in any
Interrogatory. If a document has been prepared in several copies
or if additional copies have been made and the copies are not
identical (or by reason or subsequent modification by the
addition or notations or other modifications, copies are no
longer identical) each nonidentical copy is a separate
"document." The term "document" includes, but is not limited to
correspondence, personal and interoffice memoranda, notes,
diaries, log books, statistics, letters, telegrams, fax
transmissions, minutes, contract, reports, studies, check
statements, receipts, returns, summaries, pamphlets. books,
inter-office communications, notations or memoranda or
conversations, bulletins, printed matter, computer printouts,
teletypes, invoices, recordings, worksheets, and all draft,
alterations, modifications, changes and/or amendments or any of
the foregoing.
k. "All documents" means every document as above defined
known to you and every such document which may be located or
discovered by reasonable effort.
l. The term "possession, custody, or control" includes the
joint of several possessions, custody or control not only by
Plaintiff, but also by each and any person acting or purporting
to act in concert with or on behalf of the Defendant whether as
an agent, employee, attorney, accountant or otherwise.
m. The word "person" means any natural individual in any
capacity whatsoever or any entity or organization, including
divisions, departments, or other units therein, and shall include
without limitation a public or private corporation, partnership,
joint venture, voluntary unincorporated association,
organization, proprietorship, trust, state, government agency,
commission, bureau, or department.
n. The term "communication" means any oral or written
utterance, notation, or statement of any nature whatsoever
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between or among two or more persons, by or to whomsoever made,
and including without limitation correspondence, documents,
conversations, dialogues, discussions, interviews, consultations,
agreements, and other understandings.
o. The word "identify," or words of similar import, when
used in reference to:
her full
business
1. a natural individual, requires you to state his or
name, and present or last known residential address,
address, and telephone number;
2. a corporation, requires you to state its full
corporate name, and any names under which it does business, its
state of incorporation, the address and telephone number of its
principle place of business, and the address and telephone
number(s) of all of its officers;
3. a business other than a corporation, requires you
to state its full name or style under which its business is
conducted, and any names under which it does business, its
business address, its telephone number(s), and the identity of
the persons who own, operate and control the business and their
addresses and telephone number(s) .
4. a document, requires you to state its title, its
date, the names of its authors and recipients, and is present or
last known location and custodian, including any documents
prepared subsequent to any time period.
5. a communication, requires you, if any part of the
communication was written, to identify the documents which refer
to or evidence the communication, and, if any part of the
communication was non-written, to identify the person
participating in or otherwise present during all or part of the
communication, and describe the substance thereof.
p. When an interrogatory requires you to "describe," to
"state the basis of," or to "state the facts" on which you rely
to support a particular claim, contention, or allegation, state
in your answer each and every fact and identify each and every
communication or document which you contend supports, refers to,
or evidences such claim, contention, or allegation. When an
interrogatory requires you otherwise to describe or state the
facts relating to any particular set of circumstances, act,
event, transaction, occurrence, meeting, purchase, sale,
agreement, contract, venture, relationship, conversation,
representation, communication, or other item of information,
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state briefly in your transaction, occurrence, relationship, set
of circumstances; identify any persons who are or were parties
thereto or have knowledge thereof; and identify any
communications and documents relating to or evidencing such
transaction, occurrence, relationship, set of circumstances, etc.
q. These Interrogatories shall be deemed to be continuing
in nature, in accordance with the provisions of the Pennsylvania
Rules of Civil Procedure, as amended. If between the time of
filing your original Answers to these Interrogatories, and the
time of trial of this matter, you or anyone acting in your behalf
learn the identity and location or additional person having
knowledge of discoverable facts and the identity of persons
expected to be called as an expert witness at trial not disclosed
in your Answers, or if you or an expert witness obtain
information upon the basis of which you or he knows that an
Answer was incorrect when made, or knows that an Answer though
correct when made is no longer true, then you shall promptly
furnish such an Supplemental Answer on the undersigned.
r. In construing these Interrogatories, the singular shall
be deemed to include the plural, the plural shall be deemed to
include the singular, the masculine gender shall include the
feminine, and the feminine shall include the masculine.
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INfERROGATORIES
h,
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't
1, Provide an eJqllanation and all written documentation supporting Plaintiff claim that Plaintiff had a contractual relationship with
Defendant in providing the services claimed in this lawsuit, including but not limited to Plantiffs management contract with
Defeudant.
2, List all civil litigation which Plaiutiffhas been involved in within the last five(5) years, DescnlJe the litigation in summary
fashion and specify any claims made against Plaintiff in any County of Pennsylvania.
3, As to each Invoice attached to Plaintiff,s Complaint as .. Exhibit A", eJqllain for each invoice, who took the request, how the
request was received, how any estimates for work: were approved by Defendant, who completed the work, who signed any invoice
or work order confinuing work was completed, and who performed the work,
4. Relative to persons who allegedly performed repairs, provide woIkpersons name,qualifications and what licences said person
holds.
5. Describe Plaintiffs training program for independent contractors or employees who perfoDll maintenance work under the
property management functions of Crossroads Property Management.
6. Provide documentation indicating that Plaintiff was hired to lease apartments for Defendant.
7, Provide copies or cinfirmation of all mercantile licenses or other business licenses Plaintiff has in the
THOMAS, THOMAS & HAFER, LLP
By: Peter J. Curry, Esquire
Identification No. 16622
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
(717) 255-7637
Attorney for Defendants
CONSTANCE SWEIGERT and
JOHN SWEIGERT, her husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY -
PENNSYLVANIA
v.
DOCKET NO. 01-1942 Civil Term
SMITH RADIOLOGY, INC"
HENRY SMITH, D.O., and
GARRY MALNAR, D,O"
CIVIL ACTION - LAW
Defendants
JURY TRIAL DEMANDED
. .......... .
· ....ANSWI!:RWtrIi,NEWMAT'tERTO P;LAINTIFFS'COMPLAINT.
AND NOW come the Defendants, Smith Radiology, Inc, , Henry Smith, D,O., and
Garry Malnar, D.O. by and through their attorneys, Thomas, Thomas & Hafer, LLP, to
respond to Plaintiffs' Complaint as follows:
1-4, The averments contained in Paragraphs 1 through 4 of Plaintiffs' Complaint are
admitted,
5, The averments contained in Paragraph 5 of Plaintiffs' Complaint are admitted in
part and denied in part. It is admitted that, at all times relevant hereto, Drs. Smith and Malnar
"M.~' ,~<" "~ ,~~, .. _ _<, _', '~.
were employees of Smith Radiology, Inc" and acting within the course and scope of their
employment. To the extent that the averments contained in Paragraph 5 of Plaintiffs'
Complaint fail to set forth the identities of any other alleged agents, servants or employees of
Smith Radiology, Inc" said averments are specifically denied and proof thereof is demanded at
the time of trial.
6-47, The averments contained in Paragraphs 6 through 47 of Plaintiffs' Complaint are
denied generally pursuant to the Pennsylvania Rules of Civil Procedure 1029(e), Furthermore to
the extent that the averments allege that certain unidentified individuals were acting as agents,
servants or employees of Smith Radiology, Inc" said averments are specifically denied and
proof thereof it demanded at the time of trial.
48.50. The averments contained in Paragraphs 48 through 50 of Plaintiffs' Complaint set
forth conclusions as opposed to statements of fact and, therefore, no response is required,
51-61.The averments contained in Paragraphs 51 through 61 of Plaintiffs' Complaint set
forth conclusions as opposed to statements of fact and, therefore, no response is required,
Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of
trial.
62, The responding Defendants are without knowledge and information sufficient to
either admit or deny the averments contained in Paragraph 62 of Plaintiffs' Complaint.
Pursuant to the Pennsylvania Rules of Civil Procedure 1029(e) said averments are specifically
denied and proof thereof is demanded at the time of trial,
2
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COUNT I
CONSTANCE SWEIGERT and JOHN SWEIGART
v.
GARRY MALNAR, D.O.
63, Paragraphs I through 62 of this Answer with New Matter to Plaintiffs' Complaint
are incorporated herein by reference as if set forth at length,
64, The averments contained in Paragraph 64 of Plaintiffs' Complaint set forth
conclusions as opposed to statements of fact and no response is required, Nevertheless, said
averments are specifically denied and proof thereof is demand at the time of trial. Furthermore,
the Responding Defendant believes and, therefore, avers that at all times relevant hereto, he acted
in accordance with required standards of medical care,
65, The averments contained in Paragraph 65 of Plaintiffs' Complaint set forth
conclusions as opposed to statements of fact and no response is required, Nevertheless, said
averments are specifically denied and proof thereof is demand at the time of trial.
WHEREFORE, the Responding Defendants demands judgment in their favor and against
the Plaintiffs,
3
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COUNT II [l]
CONSTANCE SWEIGERT and JOHN SWEIGERT
v.
HENRY SMITH, D.O.
66, Paragraphs 1 through 62 of this Answer with New Matter to Plaintiffs' Complaint
are incorporated herein by reference as if set forth at length.
67, The averments contained in Paragraph 67 of Plaintiffs' Complaint set forth
conclusions as opposed to statements of fact and no response is required, Nevertheless, said
averments are specifically denied and proof thereof is demand at the time of trial. Furthermore,
the Responding Defendants believes and, therefore, avers that at all times relevant hereto, that Dr.
Smith complied with the applicable standards of care,
68, The averments contained in Paragraph 68 of Plaintiffs' Complaint set forth
conclusions as opposed to statements of fact and no response is required, Nevertheless, said
averments are specifically denied and proof thereof is demand at the time of trial,
WHEREFORE, the Responding Defendants demand judgment in their favor and against
the Plaintiffs,
4
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COUNT III
VICARIOUS LIABILITY
CONSTANCE SWEIGERT and JOHN SWEIGERT
v.
SMITH RADIOLOGY, INC.
69. Paragraphs 1 through 62 and Counts I and II of this Answer with New Matter to
Plaintiffs' Complaint are incorporated herein by reference as if set forth at length.
70, The averments contained in Paragraph 70 of Plaintiffs' Complaint are denied as
stated, By way of further response, Paragraph 5 of this Answer with New Matter to Plaintiffs'
Complaint is incorporated herein by reference as if set forth at length,
71. The averments contained in Paragraph 70 of Plaintiffs' Complaint set forth
conclusions as opposed to statements of fact and no response is required, Nevertheless, said
averments are specifically denied and proof thereof is demand at the time of trial, Furthermore,
the Responding Defendants believes and, therefore, avers that at all times relevant hereto, Drs,
Malnar and Smith complied with the applicable standards of care,
72. The averments contained in Paragraph 72 of Plaintiffs' Complaint set conclusions
as opposed to statements of fact and no response is required, Nevertheless, said averments are
specifically denied and proof thereof is demand at the time of trial.
WHEREFORE, the Responding Defendants demand judgment in their favor and against
the Plaintiffs,
5
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COUNT IV
LOSS OF CONSORTIUM
CONSTANCE SWEIGERT and JOHN SWEIGERT
v.
SMITH RADIOLOGY, INC., HENRY SMITH, D.O., and GARRY MALNAR, D.O.
73. Paragraphs 1 through 62 and Counts I through III of this Answer with New Matter
to Plaintiffs' Complaint are incorporated herein by reference as if set forth at length,
74, The averments contained in Paragraph 74 of Plaintiffs' Complaint set forth
conclusions as opposed to statements of fact and no response is required, By way of further
response, Paragraph 5 of this Answer with New Matter to Plaintiffs' Complaint is incorporated
herein by references as if set forth at length,
75, The averments contained in Paragraph 75 of Plaintiffs' Complaint set forth
conclusions as opposed to statements of fact and no response is required, Nevertheless, said
averments are specifically denied and proof thereof is demand at the time of trial.
WHEREFORE, the Responding Defendants demand judgment in their favor and against
the Plaintiffs ^
NEW MATTER
By way of further response to Plaintiffs' Complaint, the defendants offer the following
New Matter:
76, The responding defendants believe and therefore aver that Plaintiffs' claims may
be barred in whole or in part by the applicable statute of limitations.
6
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WHEREFORE, the responding Defendants respectfully requests judgment in their favor
and against the Plaintiffs,
Respectfully submitted,
:135035.1
7
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VERIFICATION
I, Henry Smith, D.O" hereby swear and affirm that the facts and matters set forth
In the foregoing document are true and correct to the best of my knowledge,
information and belief, I understand that the statements made herein are made subject
to the penalties of Pa, C.S, 94904 relating to unsworn falsification to authorities.
Date:
~Qn
HENR I H,D, .
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CERTIFICATE OF SERVICE
I, Kathy L. Sitler, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do
hereby certify that I served a true and correct copy of the foregoing document upon the following
persons via United States mail, frrst class, postage prepaid, as follows:
Robin J, Marzella, Esquire
3513 North Front Street
Harrisburg, PA 17110
Date: M 0)~ r:;)OO(
~ Y?,-)~
KATHY SITLER
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