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Home My WebLink About01-03161 ".-..-, ---'-';'," RITNER STEEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 - JIl..l (L~L '-r~ THE QUANDEL GROUP, INe., Defendant CIVIL ACTION - LAW NOTICE TO DEFEND 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 obj ections 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 claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 TELEPHONE: (717) 240-6200 '=_1'"~ -'0; -,,- .'", - :,.~. , ',""J ;',,-~,,-,~. ,-- ;"-'l" I",-o";,,~ ,.." '< -, ,,,:.,__;.;:~<,,".;;-, _",' - . - '" -,,~,.-.-i , ""-~'-";'" ,.!,,',,; ,',.; ~ ,--,,--'-' '- ' --'-";"";""~:;;'"'0 >''-'__' ,,,' -,-'....". " '.~ I I I I , I ; I I I i i RITNER STEEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V AN1A v. NO. 01- 3/(../ ~ ~ THE QUANDEL GROUP, INC., Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Ritner Steel, Inc., by and through its attorneys, Butler Law Firm, and files this Complaint against Defendant, The Quandel Group, Inc., and in support thereof avers as follows: 1. The Plaintiff, Ritner Steel, Inc., is a corporation registered to do business in the Commonwealth of Pennsylvania with its principal place of business at 131 Stover Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, The Quandel Group, Inc., is a corporation registered to do business in the Commonwealth of Pennsylvania with its principal place of business at 4755 Linglestown Road, Building #200, Harrisburg, Pennsylvania 17112. 3. Defendant has failed and refused to pay for materials and services provided by Plaintiff as described on Invoice #744-1 dated February 16, 2001, in the total amount of $131,554.00. A true and correct copy of Invoice #744-1 is attached hereto and made a part hereof as Exhibit "A". 4. Plaintiff provided to Defendant the materials and services described on Invoice #744-1 at Defendant's request and in a timely and workmanlike manner. ~, '.ii= # i-/' ,-.' . , ' ,,~~;! .' ..c;," ".- -_: ".,-"'-'-,,,--"" '-,':':,'dlbi~ ,~, ~~- b__~~,,\,-;_ ,.~'" . 'i--"'l;;';'--'i __"'" ~ ' , . ,';:'__ ,,;,- " .,.--_, ,~:,",.,,;i:;,;,;,_, -,. ,.;;,.;;}; "'''''''_~~. \-:-;;'<iit,;",;: ,';-,",";" _:~ '-".-,.g;'~;;'j 5. The prices charged for said materials and services were agreed to by Defendant and are the reasonable and the market prices therefor. 6. Despite demand for payment, Defendant has failed and refused to pay the balance due and owing ($131,554.00) plus interest through May 18, 2001 at a rate of 1.5% per month ($3,946.62). Thus, the total amount due and owing to Plaintiff is $135,500.62. WHEREFORE, Plaintiff, Ritner Steel, Inc., respectfully requests this Honorable Court to enter judgment for Plaintiff and against Defendant, The Quandel Group, Inc., in the amount of $135,500.62 plus interest and costs ofthis suit and grant all such other relief as it proper and just. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff Nd/V0- By: Ronald D. Butler, Esquire J.D. #09826 lana C. Butler, Esquire J.D. #80574 P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 ,,~ . ~ ,1-. -~, ~'l .~':"'II!i]f'~~N"'",~~~ :.......( t.J~1 ~UU.l .l U. ~U .' .. , .I. I L.... jbu,,-:,; I'd Iht..t, ::J1t..t..L rl---l\::lt. 1,IL Duplicate Invoice InvoiGe Number: 744-1 Invoice Date: Feb 16, 2001 Paqe: 1 Ritner Stee~, Inc, 131 stover driv~ P.o. Box 615 Carlisle, PA 17013 Voice: 717-249-1449 Fax: 717-249-6829 Sold To: THE QUANDEL GROUP, INC. 4755 LINGL~STOWN RD., BLDG. #200 HARRISBURG, PA 17112 Ship to: ASHLAND HOSPITAL ASHLAND, PA RITNER #744 - Customer ID Customer PO Pavment Terms I QUANDEL Net 30 Days I ::lales Rep ID Shlpp/ne Method Ship Date Due Date 3/18/01 DUAnll1v IIAm 11nll Price lOyt..n.ion . 1.00 FURNISH & INSTALL, 77,256.60 77,256.60 ~ECHANICAL ROOM COLUMNS; FLOOR & ROOF FRAMING; BAR GRATING (STD. BLACK PAINT) ; ROOF DECK; BRACING; COOLING TOWER SUPPORT FRAMING 1. 00 CIiANGE ORDER #1 46,317.92 46,317.92 1. 00 CHANGE ORDER #2 533.03 533.03 J THANK YOU FO' YOUR ORDER. WE APPRECIATE Y UR BUSINESS. . -.-- Check No: Subtotal Sales Tax Tetallnvoice Amount Payment Received TOTAL. 124,107.55 7,446.45 131,554.00 131,554.00 CHARGE INTEREST OF 1.5\ PER MONTH ON DELINQUENT WE RESERVE THE RIGHT TO BALANCE EXH1BIT lAM il-'" .Ii '-.- -,--,.'" , ,-" ,","' ^~,~~--~ - -"_;-_;e','_'" '.~- '0,,"'\-/ '~"'.- -, "'~' -,-,-"" ,-j ,;---,--,:>""--,,,'-""',",\-;c'~'c,~-;,-,-:;';,,,'--'",,b;,\:J:"'; -'-"~"'-.- ',,~<, __'-,i~>-",:,[,d,~:;,r',~/ ",',;- ,-.-,.,'- :'fll " VERIFICATION I, JOSEPH DORBIAN, President of the Plaintiff herein, hereby certify that the facts set forth in the foregoing Complaint are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Dated: 51 \\Q 10 \ ~ -', =,~ - ~~" .~ ~~~ -"- '" ~'h. " ~- ~'''''.... rlr 'l~illi_$Xli ; . . , SHERIFF'S RETURN - OUT OF COUNTY ,CASE NO: 2001-03161 P ,COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RITNER STEEL INC VS QUANDEL GROUP INC THE 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: QUANDEL GROUP INC THE but was unable to locate Them in his bailiwick, He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE 20th , 2001 , this office was in receipt of the On June attached return from DAUPHIN Sheriff's Costs: Docketing 18,00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 30,50 .00 67.50 06/20/2001 BUTLER LAW FIRM ~~~ R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this "U. ~ day o~ ~A.D. (2~.;UJ& . prothonota]y' ""'! ~ ~ "J ,~ "H~~ , . ., @ffite of tqc ~4ct'iff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 171 0 1 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania RITNER STEEL INC vs County of Dauphin THE QUANDEL GROUP INC Sheriff's Return No. 1532-T - -2001 OTHER COUNTY NO, 01-3161 ~lD NOW: June 13, 2001 at 2:30PH served the within NOTICE & COMPLAINT upon THE QUANDEL GROUP INC by personally handing to KRISTIE WILSON, RECEPTIONIST 1 true attested copy (ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 4755 LINGLESTOWN RD. BUILDING 200 HARRISBURG, PA 17112-0000 Sworn and subscribed to So Answers, JRp- before me this 15TH day of JUNE, 2001 ~ C-. ~(J/;MJ PROTHONOTARY Sheriff 0 Pa. By Sheriff's Costs: $30,50 PD 06/07/2001 RCPT NO 150734 LAMB ::>ll~' " ~ -,- ; , l", --I' - ' 2t::....~~l' 'l ':'~_.; , .. In The Court of Common Pleas of Cumberland County, Pennsylvania Ritner Steel Inc. VS, The Quandel Group Inc. No, 2001 3161 civil Now, May 24 ,20 01, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. . ~~~ Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE !\1ILEAGE AFFIDA VIT $ $ 0'~1iil!~)i"'*,i,!h,A!;i.j!~li!Jil\mlHi?.&,~jH\i!iddtJA1'lliij,~'lii"-lOO;d%WA\/;;'',;(;.H'.~ -h;"~' "",;>-;,:;-""",,,; h"~;_"S~"'rwin,;;ifuj~S~OiIi&ii~ti~~fjID~,iFlrmiilj!riill ,.,.;. , ~ . ,)IJtl[ Ul^';'<o'\' -''''''',~" ,<.,.~,,,,)'"olllJr1~,,,,_ f ~"'- <-,,',-,<; _ .c_, ;':"'0', ',:",\_ ..,:<,,'00""_0'_ ",',e,,~;g>"';),.r,,'~ "'. e~, ~ <<". ,,_ ,".- ~ " --" ., ,,~, "llflJ.-J " " ,~~ " -'. -" .............,.; ,....' . ^ .__ '-0"_ , ~ ' ""-,""--^~' ,;,'~~ ~.'.", __t'.= k~n;"-' '" ---_"'_;;_'"",__';;1',,,,,," '. . "__un;"..,,-,.' '^\.'. ---_,;,'.<c.:,'h-,."-- -,;,,;,;-~,'-!.; ;','::<:~S;:,;,i':w~,;o,,-, c "- - ""iJ:ii\~; , RITNER STEEL, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-3161 THE QUANDEL GROUP, INC., Defendant : CIVIL ACTION - LAW IMPORTANT NOTICE TO: The Quandel Group, Inc. (Defendant) DATE OF NOTICE: July 6, 2001 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 NOTICIA IMPORTANTE A: The Quandel Group, Inc. (Demandado) FECHA DE NOTICIA: July 6, 2001 USTED NO HA COMPLIDO CON EL A VISO ANTERIOR PORQUE HA F AL TADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DCBA-200-Rule 4.7-4/3/81-M ,'- = ~, ' __ '~, .c,-",,-, " .,-- ,"-, '"'--- "J_ ,'0 -~,- - -1-__ - , ';';"~,~-->,-",-,=:,;;' <__ ",_,~ ,-- ,".'-t',',',e',< ,_,,-,-~,"_:_' "..,'_ ~N ","?;'~-,,, -"'--~'>~':'~~~~"0:-'~;::_~_'~., .-. ,,"):;'.!i "I RlTNER STEEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-3161 THE QUANDEL GROUP, INC., Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Ronald D. Butler, Esquire, hereby certifY that on the 6th day of July, 2001, I served a true and correct copy of the foregoing 10 Day Notice by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: The Quandel Group, Inc. 4755 Linglestown Road Harrisburg, P A 17112 J7dIJ~ Ronald D. Butler, Esquire Attorney for Plaintiff I.D. #09826 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, P A 17108 (717) 236-1485 ~:Ui!:f"';-"'"C<- G, !(f? ~..~-. W';'.i&~.~""'> , ~, , ,_ c_ - - . ", -', ,- c ~..;;., '[(!ii' -('~,~!lijj~~~'~' , -.;:.'"' " , ,,' .. ,"'". ~, ," ,,_ . - , ._,. _,,",.>.J;__-~ "',; .-, ,.~ -,.. 'h','~~'" ' " " "--j " It ,l"-r~'~ ~ l -~'- --",' .,",:, ~""" ,"'---'''' -<-,-"""",:,,'. ~"'''j-,,- , , ^ \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RITNER STEEL, INC, Plaintiff NO.01-3161 vs. THE QUANDEL GROUP, INC, Defendant DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes Defendant, The Quandel Group, Inc. ("Quandel"), by and through its undersigned counsel, and answers the Complaint of Plaintiff, Ritner Steel, Inc. ("Ritner"), as follows: 1. Admitted. 2. Admitted. 3. Denied as stated insofar as Quandel is not legally obligated to pay for the materials and services claimed by Ritner until such time as Quandel receives payment from the Owner. 4, This averment contains a conclusion of law to which response is required. 5. This averment contains a conclusion of law to which no response is required, To the extent a response is required, Quandel demands strict proof that Ritner's prices and services are in accordance with reasonable and market prices. -1- ,"'- .,~ ~.- 1_,;, ..,~_l, ,; - -~, ,:.;~ --"- >- ,",,,~.'''' 0"4 "ll~_, 6. It is specifically denied that Quandel is obligated to pay interest at the rate of 1.5% per month or that the total amount due and owing Ritner is $135,500.62, WHEREFORE, Defendant, The Quandel Group, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, Ritner Steel, Inc. NEW MATTER 1. Ritner's claims are barred by the doctrine of estoppel 2, Ritner's claims are barred by the doctrine of ripeness. 3. Ritner's claims are barred by the doctrine of the statute of frauds. WHEREFORE, Defendant, The Quandel Group, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, Ritner Steel, Inc. Respectfully submitted, RILEY AND FANELLI, P.c. ,~fLIW Sudhir R. Patel, Esquire Attorney J.D. No. 75914 The Necho Allen No, 1 Mahantongo Street Pottsville, PA 17901 (570) 622-2455 Counsel for the Plaintiffs -2- oj,,, .. ~,' ; ,~ ' , ,. ."~ ,-' ,-_ -_'U "",. ,_.; ~_"~'~", '07/16iol 14:~~YAX 717 652 6282 QUANDEL GROUP 141005 , VERIFICATION I, JOSEPH CHICORA, verify that I am authorized to make this VerIfIcation on behalf of The Quandel Group, Ine. I verify that the statements made in the foregoIng Answer with New Matter which are within my personal knowledge are true and correct and those which are based on Information received from others I believe to be true and correct. I understand that any false statements in the foregoing Responses are subject to the penalties under 1 8 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 7-11.0- 01 ~Q~!;~ J P CHICORA THE QUANDEL GROUP, INC. Yo ~, '. 'r.",_~_ ,.-.,--"~- ,- ".0 - , -. V:J . , , CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint has been served on the following person(s) in the following manner: BY FIRST-CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Ronald D. Butler, Esquire THE BUTLER LAW FIRM P.O. Box 1004 Harrisburg, PA 17108-1004 DATE: 1-!t{61 ( , . '. ,>', . ":"'-' ,';';'.'-',",", '4",_' , I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RITNER STEEL, INC, Plaintiff NO.01-3161 VS. THE QUANDEL GROUP, INC., Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Sudhir R. Patel, Esquire, as counsel for the above-captioned Defendant, The Quandel Group, Inc. Respectfully submitted, RILEY AND FANELLI, P.c. U~ff ---SUDHIR R. PATEL, ESQUIRE Attorney J.D. No. 75914 The Necho Allen No.1 Mahantongo Street Pottsville, PA 17901 (570) 622-2455 . . , ~ " - - ._~ . "~' "0'," ''''''''~'__'''''' .,",__ ~4 , CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been served on the following person(s) in the following manner: BY FIRST-CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: DATE: 7-/ t:- - t:l / Ronald D. Butler, Esquire THE BUTLER LAW FIRM P.O. Box 1004 Harrisburg, PA 17108-1004 447-<,/07 m.4p~L Je nifer M. Hepler, Secretary to SUDHIR R. PATEL, ESQUIRE ~'~ ~1~~~ti~,~..lli:il!l&.~~~~'ill:&\"A~'t",+-;"~;;!~","'dl1Mlill~.1ffl;!:lillil:m1~~liliIIlli;~"4'" r ~ ~ . ~ ~ ~ '" __ 'J .",~ ~"""'".,_ , ,"-~ ,,_"'>>",",~_ '".'_, M,~ >>~,~ .,'",,',,^, ~_~.".. ~ , ~~ , ~- ~"'-"."' "- . . II I [,1 II II I I I (::':';- C'; o -,'C ';:"'- ,~ ,----J,;c",.;....h .)- ".__,,', ..' .-;...; -.,' u '-,,,,,,,.,..-,,,< ,,~,,;j.>ii"'i,~,"" :;;:;;;. L' ; ';':,;"Je",,; ~,.' -';d;';:"~;,_~;;"~;i;;;.,.;;:,;;~;"';': ," ",,' .. . ..'. ,. . _. ......11. .... ..,......... ,>,'-,-,-l,;"':{~ .' ~ , ' .' RITNER STEEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. THE QUANDEL GROUP, INC., Defendant NO. 0/-3161 CNIL ACTION - LAW REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Ritner Steel, Inc., by and through its attorneys, Butler Law Firm, and files this Reply to New Matter and in support thereof avers as follows: 1. Denied. The allegations contained in paragraph 1 of Defendant's New Matter constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, the allegations are specifically denied. 2. Denied. The allegations contained in paragraph 2 of Defendant's New Matter constitute a conclusion oflaw to which no response is required. To the extent a response is deemed to be required, the allegations are specifically denied. 3. Denied, The allegations contained in paragraph 3 of Defendant's New Matter constitute a conclusion of law to which no response is required, To the extent a response is deemed to be required, the allegations are specifically denied. WHEREFORE, Plaintiff, Ritner Steel, Inc., respectfully requests this Honorable Court to dismiss Defendant's New Matter and enter judgment in favor of Plaintiff and against Defendant, '" " '" '. . -"-"",,~,~, c. " ',L" ~,', ' '^,-' ,: ^,j';-"~,:~,,~~;,.~',,,;;.\; ; ~.-..;",; ~ _ "~ -'" ,:,'~~,-';,~,ji~;!;f;~~:~',:~';:J:~';~',t~:';:;;'t>'\;:---(; , .c..,:~ The Quandel Group, Inc., in the amount of$135,500.62 plus interest and costs ofthis suit and grant all such other relief as it proper and just. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff IU1Ii-k :Ronald D. Butler, Esquire I.D. #09826 By: lana Butler Toole, Esquire I.D. #80574 P.O. Box 1004 Harrisburg, P A 171 08-1004 (717) 236-1485 , ~ , ~" '~^ . ^ '''''''~ ., ~^"".,-' ~',. ~', _..k. 'c.; .' ;",-, ,;;,' '.,~ '__,.,- __ .,~.,;. ',' ',-,-,-,; - "",Cd",".'-" ';+,::t'q;'J\J.!.:--~"';"-O;" ;;,; ,~,.-"",;ki,~)/i-"O- ;;~;.,i,,~-;," " .;,:".: >>-,::, " VERIFICATION I, JOSEPH DORBIAN, President of the Plaintiff herein, hereby certify that the facts set forth in the foregoing Reply to New Matter are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subj ect to penalties of 18 Pa. C.s. ~4904 relating to unsworn falsification to authorities. fJnL- Joseph Dorbian Dated: 71z-a/Oj ^-,,-, ,-" <oJ ---,- __c..", ""_ ,_c"'k ~- -' , ~ " ;,," ~ ' io,i"".",~:,,,, ",'''~ '""',",'"1.1: ',; ",-~:':, ,~,<' :<~~",~--,_:;-"~'')_,ii,''<'',",,Si,:__,;,~,':i '" -~. ."" ""''-''''''m RITNER STEEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. THE QUANDEL GROUP, INC., Defendant NO. 01-3161 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the X day of July, 2001, I served a true and correct copy ofthe foregoing Reply to New Matter by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Sudhir R. Patel, Esquire Riley and Fanelli, P.C. The Necho Allen No.1 Mahantongo Street Pottsville, P A 17901 Jana utler Toole, Esquire Atto ey for Plaintiff J.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, P A 17108-1004 (717) 236-1485 " ,- " ~ p "~ -' F___' n_ '~ ','" ..,.- '~- ~'O --"""'"~"_ - _ '" __ '"l ~;'"",,", ,. ''- ,';.",," ,,,,i" ,_' , <',..'-i, .';'.. - ',''-~,-'~' ,,<~ >, ,~1'_;';'",'_.' -i"'-""';~-';<;;"h",;';"""':-'-<:-;' ;~~',:;"k-A\~;~"'f' S'",',,,-,, " , ""M ., RITNER STEEL, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3161 THE QUANDEL GROUP, INC., Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION FOR SANCTIONS UNDER PA.R.C-P. 4019(a)(1)(i) and (vii) FOR FAILURE TO RESPOND TO DISCOVERY AND NOW, comes the Plaintiff, Ritner Steel, Inc., by and through its attorneys, Butler Law Finn, and hereby moves this Court to enter an order pursuant to Pa,R.C.P. 40l9(a)(1)(i) and 4019(a)(1)(vii) directing Defendant, The Quandel Group, to serve full and complete answers to Plaintiffs Interrogatories Addressed to Defendant (First Set) and to fully and completely respond to Plaintiffs Request for Production of Documents Addressed to Defendant (First Set) or suffer sanctions, and in support thereof avers as follows: 1. On May 23, 2001, Plaintiff filed a Complaint in the above-captioned matter. Defendant filed an Answer and New Matter on or about July 16, 2001, Plaintiff filed a Reply to Defendant's New Matter on July 23,2001. 2. On July 27,2001, Plaintiff served a set ofInterrogatories upon counsel for Defendant A true and correct copy of Plaintiffs Interrogatories Addressed to Defendant (First Set) is attached hereto and made a part hereof as Exhibit "A". 3. On July 27,2001, Plaintiff also served a request for production of documents upon counsel for Defendant A true and correct copy of Plaintiff s Request for Production of Documents Addressed to Defendant (First Set) is attached hereto and made a part hereof as Exhibit "B". 4. A period of more than thirty (30) days has elapsed since the interrogatories .-- , '., ..~'-'c "'~" ~ ", ~'-"'- "~'... ' ,-,I', '"' '" '-,,,,,,, ,0""-""'; ;"''',;,,,.;,;,,'h:';,:'-' -" ",,";""''-'';' ",'" ""):;:,,',',0.~' ;,';~,"-^"';';~~";;;::;"'~~'!"-:;",:;'i~J.;b',,,.0 ~ '. '~';ki .' and request for production of documents were served upon counsel for Defendant, and no response of any kind has been provided. 5. Counsel for Plaintiff contacted counsel for Defendant in writing by letter dated August 28, 2001, requesting responses to Plaintiffs discovery within seven (7) days. Plaintiff received no response to this letter. A true and correct copy of the August 28, 2001, letter is ,lttached hereto and made a part hereof as Exhibit "C", 6. For all ofthe foregoing reasons, Plaintiff believes and therefore avers that Defendant will neither answer Plaintiff s interrogatories nor produce the requested documents absent a court order. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order directing Defendant to file full and complete answers to Plaintiffs interrogatories and produce the requested documents within ten (10) days or suffer appropriate sanctions to be imposed upon further application to the Court. Respectfully Submitted, By: hJb- Ronald D. Butler, Esquire J.D. # 09826 lana Butler Toole, Esquire J.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, P A 17108-1004 (717) 236-1485 ',"_M' ._, _ _"C"_' ,,,,,~,",, ''''''",-,On...c.',''', ,,',.'. --'l', ' ,',,-"' . ~ ~,,~'-OO -',"_,,~_d,~-;',','~ "- ~''-C;;";,;:""".<'",,;';',,,,:,,:;c_< ':c:;;:.:k;:"d~j",'~"x'<O"~' ,;,;-~~y~;::qi RITNER STEEL, INC., Plaintiff vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3161 THE QUANDEL GROUP, INC., Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certifY that on the j!!:'day of September, 2001, I served a true and correct copy of the foregoing Plaintiffs Motion for Sanctions Under Pa.R.C.P. 40l9(a)(1)(i) and (vii) for Failure to Respond to Discovery by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Sudhir R. Patel, Esquire The Necho Allen No.1 Mahantongo Street Pottsville, P A 17901 500 North Third Street P.O. Box 1004 Harrisburg, P A 17108 (717) 236-1485 - . "' -~ ~~ i i ~ k " " "1'1r1' RITNER STEEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. THE QUANDEL GROUP, INC., Defendant NO. 01-3161 CIVIL ACTION - LAW PLAINTIFF'S INTERROGATORIES ADDRESSED TO DEFENDANT (FIRST SET) TO: The Quandel Group, Inc. c/o Sudhir R. Patel, Esquire The Necho Allen No. I Mahantongo Street Pottsville, PAl 790 1 AND NOW, Plaintiff, Ritner Steel, Inc. (hereinafter referred to as "Ritner"), requests that Defendant, The Quandel Group, Inc. (hereinafter referred to as "Quandel"), answer Plaintiffs Interrogatories Addressed to Defendant (First Set) in writing and under oath in the space provided below within thirty (30) days of service of same. These interrogatories are deemed to be continuing. For purposes of these Interrogatories, the following definitions and instructions shall apply: DEFINITIONS AND INSTRUCTIONS TO INTERROGATORIES A. As used herein, "communication" shall mean any statement transmitted, either orally or in writing, between two or more persons, including but not limited to correspondence, telegrams, telexes, memoranda, notes, telephone conversations, and direct personal statements. B. As used herein, "describe in detail" shall mean to identify all facts, including but not limited to the dates relevant to each event or occurrence, that relate directly or indirectly to the subject matter of the Interrogatory, all persons involved directly or indirectly in the subject EXHIBITIIA" """"""""'-".~-".= ~~'-- '. ~ ~, . i ~ ."~'",~~. ," ,. matter of the Interrogatory (providing the information for each person as requested in 'If G below), all communications that directly or indirectly affected the subject matter of the Interrogatory (providing for each oral communication the information requested in 'If H below), and all documents relating directly or indirectly to the subject matter of the Interrogatory (providing the information for each document as requested in 'If I below). C. As used herein, "document" is used in its broadest sense and means every type of material that is producible under the Pennsylvania Rules of Civil Procedure relating to discovery requests, and any writing or recording of any nature or description, including handwriting, typewriting, printing, photographing, photostating, tape, wire, graphic material, video, belt, disc recording or e-mail, as well as audio or visual recordings or reproductions of any kind; every other means of recording upon tangible thing in any form, including without limitation drafts, originals and copies of books, calendars, pocket calendars, pocket planners, diaries, correspondence, memoranda, reports, minutes, notes, records, contracts, proposals, airline tickets, checks, bills, receipts, telegrams, computer tapes, computer disks, data processing program coding sheets, computer storage of any type, computer printouts in any form and papers of any character, whether sent or received; all copies thereof which are not identical duplicates of the originals (e.g. duplicates that contain handwritten or any other type of notes or similar information thereon or attached thereto including without limitation, alpha-numeric coding and markings on slips indicating the routing of a document to individuals or organizations); all copies thereof maintained in a different documentary form (e.g. microfilm or any other means of electronic or photographic storage, as opposed to hard copy); material that otherwise has been photographically or electronically recorded; and things similar to any of the foregoing, regardless of their author or origin of any kind. -- - "~''''- , ~ x ,,~ '~ "I>> II <Lj ii:iI{'" "''''\$,:', D. As used herein, "person" shall mean any natural person, individual, firm, partnership, association, joint venture, estate, trust, receiver, syndicate, enterprise or combination, corporation or other legal, business or government entity. E. As used herein, "relate" or "relating to" shall mean pertaining to, recording, evidencing, concerning, setting forth, revealing, reflecting, referring to, showing, disclosing, describing, explaining or summarizing. F. As used herein, "you" and "your" shall mean Quandel, and all other corporate parents, sisters, subsidiaries or affiliates and their officers, directors, employees, agents, servants, associates, consultants, independent contractors, advisors, attorneys and representatives. G. When identifying persons in responding to these Interrogatories, you shall (I) state the person's full name; (2) state the person's business and residential addresses; and (3) state the person's business and residential telephone number. H. When identifying an oral communication (including telephone conversations) in responding to these Interrogatories, you shall include: (I) all parties thereto; (2) the date of the communication; (3) (4) all person(s) present during the communication; and the substance of the communication. I. When identifying a document in response to these Interrogatories, you shall: (I) identify the author(s) and all persons to whom it was distributed: (2) state its title or other identifying data; (3) state the date of the document; ~"'"""" =~'"~ .; '.h,.~ _, L_~ ',_ ~ ~ ~ (4) ifsuch document was, but no longer is, in your possession or subject to your control, state what disposition was made of it; and 1. The singular form of a word shall be interpreted to include the plural, and "and" as well as "or" shall be construed either disjunctively or conjunctively, as necessary to bring within the scope of these Interrogatories any answers which might otherwise be construed to be outside their scope. K. All information requested herein is to be set forth if it is the possession or control of, or is available to you or an of your current or former agents, consultants, counsel, investigators, representatives or any other person or persons acting for you. 1. If in responding to any Interrogatory a privilege is claimed, identify the document, oral communication or other information which you claim is privileged in accordance with ~~ G, H, and I above, describe the form in which the alleged privileged information exists (e,g. type of document, recollection or a person); describe the subject matter of the privileged information (without revealing the information for which you claim a privilege); specifically state the claim of privilege and the ground upon which the claim rests; and identify all persons or entities who have received or otherwise had access to said matter. M. In accordance with Pennsylvania Rules of Civil Procedure, these Interrogatories are continuing in nature, and any subsequently discovered or additional information responsive to these Interrogatories shall be supplied immediately upon any such matters coming to your attention. N. In answering these Interrogatories, you are requested to furnish all information which is available to you, including information in the possession of your attorneys or investigators, and not merely such information known of you own personal knowledge. If you 4 " ,,"'.0;_ ~'" tJiit ~~ I, I"~,", ," ~ I ",,; ::1 ''';:;;';!i, . . cannot answer the following Interrogatories in full after exercising due diligence to secure the information to do so, so state and answer to the extent possible, specifying your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portions. INTERROGATORIES I. State the name, business and residence addresses and employer of each person you intend to call as an expert witness at the trial of this matter, and with regard to each expert, state the following: a. Subject matter on which the expert is expected to testify. b. The substance of the facts and opinions to which the expert is expected to testi fy, c. A summary of the grounds for each opinion. d, Whether the facts and opinions to which the expert is expected to testify are contained in any written report, memorandum or other document and, if so, identify the name and address of the present custodian of said report, memorandum and other document. A copy of the expert report may be attached in lieu of answering this subsection. ANSWER: ,~- = - ~.- " ; 1__" 1':1;; 2. State the name, residence and business addresses and employer of each person you intend to call to testify on your behalf at the trial of this matter, and state the subject matter of their proposed testimony. ANSWER: . ~- .- c~ 3. Identify by date of preparation, description and name of person preparing all documents or other exhibits which you intend to introduce as exhibits at the trial of this matter. ANSWER: "-"",",, , '~, ,;, ""Cf ".. " -' ,-~~ -, l, ,~ 4. State whether or not you have paid Ritner for Invoice Number 744-1 dated February 16,2001, in the amount of$131,554.00. If your answer is no to all or part of the amount due per the invoice, describe in detail why you have not paid this amount. ANSWER: .1, - 1 ~'- ,'; .' """:;';i ,. ;~,.;.~ """, "',~ I ~, ...."'. r;iJ.Ji(~*-:Bt 5. State whether you received the items described in Invoice Number 744-1 and if so, whether you were satisfied with these items. If you were not satisfied with all or some of these items, describe in detail the nature of your dissatisfaction and what actions you took to remedy any alleged defects or to notify Ritner of same. ANSWER: . " -,j <. ~__b" ~, "" 6. Describe in detail the legal and factual basis for your claim in paragraph 3 of Defendant's Answer that, "Quandel is not legally obligated to pay for the materials and services claimed by Ritner until such time as Quandel receives payment from Owner." ANSWER: "" ~':"~};':> , '- ,~I, U Jil.triJ" ,,: '-, ...~~ . ",' <,,~~ 7. State whether or not it is your position that the prices charged for the items described in Invoice Number 744-1 are the reasonable and market prices therefor. If your answer is no, describe in detail the factual and legal basis for your answer. ANSWER: k ~ .' ., '"'""--. 8. State the legal and factual basis for your claim in paragraph 6 of Defendant's Answer that Quandel is not obligated to pay interest at a rate of 1.5% per month. ANSWER: BUTLER LAW FIRM By: I!!!Jj~u{ Ronald D. Butler, Esquire Attorney for Plaintiff I.D.#09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 DATED' 121' I <:',,,,,~, ,," '-"ki&ij ~ ~~ - ,.- . ~ I~ ..~ C--'~"';''ff} VERIFICATION I, , hereby certify that the facts set forth in the foregoing Defendant's Answers to Plaintiffs Interrogatories Addressed to Defendant (First Set) are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: ,~ '''~ .. ",1 .' - ",. '"'-~~>bci''''' -':0: RITNER STEEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. THE QUANDEL GROUP, INC" Defendant NO. 01-3161 CIVIL ACTION - LAW PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT (FIRST SET) TO: The Quandel Group, Inc. c/o Sudhir R. Patel, Esquire The Necho Allen No. 1 Mahantongo Street Pottsville, P A 17901 AND NOW, Plaintiff, Ritner Steel, Inc. (hereinafter referred to as "Ritner"), requests that Defendant, The Quandel Group, Inc. (hereinafter referred to as "Quandel"), produce copies of the following documents, within thirty (30) days of service of this Request: F or purposes of this Document Request, the following definitions and instructions shall apply: DEFINITIONS AND INSTRUCTIONS 1. If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: a. State its date; b. Identify its author; c. Identify each person who prepared or participated in the preparation of the document; EXHIBIT.a- ,- ...'" ~ . , _I. ~i i~- llii.f 7~;' d. Identify each person who received it; e. Identify each person from whom the document was received; f. State the present location of the document and all copies thereof; g. Identify each person who has ever had possession, custody or control of it or a copy thereof; and, h. Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As used herein, "document" is used in its broadest sense and means every type of material that is producible under Pennsylvania Rules of Civil Procedure relating to discovery requests, and any writing or recording of any nature or description, including handwriting, typewriting, printing, photographing, photostating, tape, wire, graphic material, video, belt, disc recording or e-mail, as well as audio or visual recordings or reproductions of any kind; every other means of recording upon tangible thing in any form, including without limitation drafts, originals and copies of books, calendars, pocket calendars, pocket planners, diaries, correspondence, memoranda, reports, minutes, notes, records, contracts, proposals, airline tickets, checks, bills, receipts, telegrams, computer tapes, computer disks, data processing program coding sheets, computer storage of any type, computer printouts in any form and papers of any character, whether sent or received; all copies thereof which are not identical duplicates of the originals (e.g. duplicates that contain handwritten or any other type of notes or similar information thereon or attached thereto including without limitation, alpha-numeric coding and markings on slips indicating the routing of a document to individuals or organizations); all copies thereof maintained in a different documentary form (e.g. microfilm or any other means of ~~' , _-l '"Jl~ .~ electronic or photographic storage, as opposed to hard copy); material that otherwise has been photographically or electronically recorded; and things similar to any ofthe foregoing, regardless of their author or origin of any kind. DOCUMENTS REOUESTED 1. Any and all documents Quandel intends to introduce at the trial or arbitration of this matter. 2. Any and all documents referred to in Quandel's Answers to Plaintiffs Interrogatories (First Set). 3. Any and all documents used by Quandel in the preparation of its responses to Plaintiffs Interrogatories. BUTLER LAW FIRM ;Wdb- By: Ronald D. Butler, Esquire Attorney for Plaintiff !.D. #09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 DATED: 7/z7/0 I . . ,~,-~' j, ~.~ ~', "'- '~~'':'''"-~f .,-, 500 North Third Street Twelfth F,r Harrisburg, oJ( 17101 Td: 717.236.1485 Fax: 717.236.7777 . lawyers@butlerla;Cirm.com BUTLER L FIRM Mailing Address: Post Office Box 1004 Harrisburg, PA 17108.1004 Ronald D. BUller Jana BUller Toole Benjamin]. Butler August 28, 200 I Sudhir R. Patel, Esquire The Necho Allen No. I Mahantongo Street 'Pottsville, P A 1790 I Re: Ritner Steel, Inc. vs. The Quandel Group, Inc. Cumberland County, No. 01-3161 Dear Attorney Patel: On July 27, 2001, I mailed to you Plaintiff's Interrogatories Addressed to Defendant (First Set) and Plaintiff's Request for Production of Documents Addressed to Defendant (First Set). I have yet to receive a response to these discovery requests, If! do not receive a response within seven (7) days of the date of the letter, further legal aCtion may be taken. Your attention to this matter is appreciated. Very truly yours, Jana Butler Toole JBT:mot cc: Ritner Steel, Inc. ,EXHIBIT ~'C'~ . ~ '..= ~i$J'!lii;Jf<'iEl!k4/!i,jmMjIlK-I\'h-{,~,*;~ilH:f~W!&@i;i(,;R-'1iIil!l~ill-W-'~"V~;,,;:.i";;',",'i.",j,';'jcl;;,~"","";>f!-'''"['i'L;'1<';","1~:W",')oli'l~.] ~li!~I:l;'~ ~ [5 tf ,-,", ,~"~,,, ,,,,,,,<,,,">,,,~~,~=.~~~_,. .__.,'",y'_' ',y>~~"",=,~~, . "",~_' ",--,',"",.<r _. "," iPt".-'-IUU _ " , ,..m _" ~" "' _ ~ ~ o ? -0,--:' ~~~ -'<":;"" ~tJ ~~ Z'-J >8 :z =< c.) ,-'~> ~-; C'j ,~ ~'1 ,,(] " -r, -'0 :Jr: ,'''.c :",:-' ~:j ~a~~ z::\ -+i -:-,;:C) om ~ -< I':>? a ID " ,- < '~ -"~' - ",,^ ,',"'",,,.,,,-,-^' '>~ ,', '<'_."_'. "__<'< 'n_'' _,0-' '<":2<,".,;', 'k'~,'L',~~v"._:;:",'~'""";"C',.~-,,,,;,,_'; ~ , ',. 'lA'l'~ .. RITNER STEEL, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3161 THE QUANDEL GRO{)P, INC., Defendant CIVIL ACTION - LAW ORDER AND NOW, this '''' d f r ayo J'r J-.......w- ,2001, upon consideration of Plaintiffs Motion for Sanctions Against Defendant for Defendant's Failure to Answer Plaintiffs Interrogatories and Produce the Documents Requested by Plaintiff, it is hereby ORDERED that the Motion is GRANTED and Defendant, The Quandel Group, shall rl'r...J +,. ov...s............~J oIl:tc""""1 ~~p.':@r PI.:tiHl~[r >:l il1'terragat9t:iei ~mf1 Qho:111 pn!)alic':' tll\~:; dU\';UIW;;ub lCi'fu-OJtGd BY Plainiiffwithin s (;> days of the date of this order or appropriate sanctions will be imposed upon further application to the Court BY THE COURT: ff~ 1. TO: Ronald D. Butler, Esquire Attorney for Plaintiff 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 ~~ '1_ 17. 01 Q--. Sudhir R. Patel Esquire Attorney for Defendant The Necho Allen No. I Mahantongo Street Pottsville, P A 1790 I tJ~ , 'C" ~.~ ." ~, "1M, or_', 'N \._""",_,,,~<..,,,, . D1 SEP 1" "-'" "j r'>,r t:llt ~G; [0 C,- I' r''C'--,', --, ',. '\n y \...l.JI\qbchL-/\I\LJ l/.JU1'fI' ?ENi',iSYLVf\NIA I ~ - n ~. . ~" ~,,!f;I"::~, " ~ - ,,~ - '",' - ,~ ',-",' ""~;.i: 'cD' r-, f ~~~ ~~~r:!l". ~_iW,JilJ.. ,W~F:~ . -- ,~~ -- , .. ., '---", - -"" ", >., .'-" ,-- - ~ _' 'U " '" ",""~",,,~,;,,,,,~"',''- "", , ,'" '- '-.- 0"'"'" o'-,,"~',- ; '. ,~',! '" C',._,:,_ "";,,,,,-'-',,'-"-"""'';''1\,:;;;:',, -" _'., "~.,_<_,.;'! RITNER STEEL INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. THE QUANDEL GROUP, INC. Defendant NO. 01-3161 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned lawsuit as satisfied, settled and discontinued. BUTLER LAW FIRM Attorneys for Plaintiff DATE: Cjjo~J 1$ otao( . By: ~lJk- Ronald D. Butler, Esquire J.D. #09826 500 N. Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 ~w~ "",,- '~~lIi~_~~" '~';:""'~~;~i:'-'..ri'~i~~~ ,~' "~';' -".'0' ,"n~""",""~,, ~. /::; ,~ ,," ,,"~,,',~ < " ^' ~~. ,.., "., "'. ~- ~ ~ , <', , ., ,_., ,~, """,,",," ,',j,-' , ~" ..W..> " '-,-',<', ,. - , '~' ,- ilitf -':.- ur' r:-; -";;.~ n<. s.-:> ~," j ! I I , ':::.-' ~::J ..'1 ..u ,'-'~. JS