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HomeMy WebLinkAbout01-05453COMMONWEALTN Oi PENNSYLVANIA NOTICE OF APPEAL y` COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na /7/ J T~ / ... _ NOTICE OF APPEAL 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 menfiorled below Sem7~'`~~~rS ,2s=o ~ N s~ .s-~ L4' h R G Grr `G cv 19 ©oa0aya-0 1 LT'' 19 '-/- o ~ ~- This bock wilhbe signed ONLY when this rotation is required under Pa. R.CPJJ? Nn If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10088. This Notice of ,Appeal, when received by The District Justice, will operate as a 1001(6) in action before District JtJStice, he MUST SUPERSEDEA$ ro the judgment for possession in this mse. FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL. Signature of Prothonotary a Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE 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 Disrict Justice. IF NOT USED, detach from copy of notice of appeal [o be served upon appellee). PRAECIPE: To Prothon/otary Enter rule upon ` Q K'r2f~' ~ rr s-G , appellee(s), ro file a complaint in this appeal Name of appelleets) (Common Pleas Ho ©~ S~~d )within twenty (20) days after sere of rule or suffer entry of judgment of non pros. RULE: To G a .a. ~ 2 ~ r: `G , appellee(s). Name o/ appelk`e(s) Signature o/ appe0ant a his attorney a agerrt (1) You are notified that a rule is hereby entered upon you ro file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by panonal service or by certified or registered mail (2) ff you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. slpna<ue W ar oapulr aLGfS SCO/ Hobert /~,µlovG, 2P C/ODE ~l/!~ -/dssls ~e Aovca,z-as COURT FILE TO BE FILED WITH PROTHONOTARY ik',>'~R=IbN F .re . . .. .. ....... . ro.. .~ x .. ;.~- xnx mnar~w;ni'rscs-w~Y aw;aeuc» 9s~,a ti WuM~kwa?~ m °~~W _ '~ ., ~` V CSC ~ §~~ ~ E~B~'6~~ F AURAL ~BVt) Fil.iL~ ~°{) Fi~.E ~e~MPLA9~?' !; t=i& z8roc~f r8i servh"e ~1Ct5~1~ G'L F?L.~Cr VE=1i"?~?tA+ T"Ef~f (tt?} DAYS fiFTEf? fiG~ng Phe rEOtioe ~pt a(~peat, Chewk appfic8bta boxes) 3~akR9~:8I~t3'd;Fl i,5'N! '^F ~~.itEk4Sti§.,"tRf~E§~ 6'~~8.'~~~~i'7~''~ ~° i IT{'.rE~tJlr ;">L'!:g~:I' fi,"3ffii P!"it ihcit f s;33'Y'u:~ C: a Ca,~p c" "he Ptc;f'sce, gt?.yrpeai, Corrtman Teas h€o. ____~.___.___~, upon the District Justice designated therein on (;~7at8 f:,f ss~ tif:e} ....._,..__ .__.__...__._..._.~__~ `~ ( by personal sefvice ^ Ely (CBrtlfi8dj {r@glSiBred) mall, SCttder'S I"'C{3l;fi 3i L8i;Si~~ 1?@r~f0, e"+.l4GE Upt}l7 ?h° ~jJ~fll+@;?, (ft e§/F7ej __.___~ ___ ._._..__..__, pn ____..__._._. ._._. . `!3__._. i~ by persona! saruice C7 by (certified] {registered;3 mail, sender's receipt attached heretp. (,:; and tnrtt-~ee BhaU s~:rrvecf the mule ro Fileaf~ompiair~t accomptsnying the above Notfre pf Appeal uppn the appellee{s)to whom tlac~ ~t,te; was addre:5sc~d cars _. ___.__...._~_..._.._.~, 't8____.~ ~`~. by personal service ~] by {certified) (registered) msii. s=nder's rrrae ;7t aisanhAcs heaeta. ui'~It);=:i~1 (AFF=ib;hARE.ri FtNU 8;.7"~t4C~a=iIDFFa e,E.Fl~~iW hic Sigrtafuve of a3frant ~';Qr)y„~'@ 6f ,tiiC;3I D.?`Q?e _u; itiir! 3ft;G 2t' iYetS f!i':d° i Rict er CfVkdNi ~"Y cononlas~un exa:res cn -...-_.._.. ._. u.__. .__.. feJ~..__.. C7 C".+ r g " '' __ -c~ r ,rn C ~ - © z ; _.v o °~~ r: ~_ `~'^`' ~ ? ~C 'ti'n <.:> ~ ~:~ ~. ~.J _ _ . - - ;~ COMMONWEALTH OF PENNSYLVANIA N~~I-ICE OF JV~GMENT/TRANSCRIPT COUNTY OF: CDMSERx,AND CIVIL CASE DISL-Ne.: 09-1-02 DJ Name: Hon. ROBERT V. MANLOVE AadFAeg:--1901 STATE STREET CAMP HILL, PA Telephone: (717) 761-0583 17011-0000 SCOTT BEERS 2508 N 5TH ST HARRISBIIRG, PA 17110 m THIS IS TO NOTIFY YOU THAT: Judgment: PLAINTIFF: NAME antl ADDFESS rLANGE, ERIC, ET AL. -', 9 LAIIRAL DR ENOLA, PA 17025 L _ VS. DEFENDANT: NAMEandnooaESS rBESRS, SCOTT, ST AL. ~ 2508 N 5TH ST HARRISBIIRG, PA 17110 t- J DbcketNo.: CV-0000242-01 Date Filed: 7/17/01 Judgment was entered for: (Name) T.ANaR RRrr Rm Ar Judgment was entered against: (Name) HOSR' RRMODRT.TNQ in the amount of $ R, i nR _ sn on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to AttachmenUAct 5 of 1996 $ Levy is stayed for days or ~ generally stayed. (Date of Judgment) g/an/ni (Date & Time) Date: - `Place: .,, ,.. -~,. Time: Objection to levy has been filed and hearing will be held: 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 OFT IS E ~ JUDt~tENq'/jFJkIA~C~fPT F~iM WITH YOl.j~t^N~'j),iw€ OF-APPEAL. r~e?~-C~( ;Date,-,. . ~ ,1..,~~5~d I certify that this'is a true and_,,c re ~t opy ~ e ~`oZ(~ ~~]_ Date - -- ' My commission expires first Monday of January, AOPC 315-99 Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ~„ - proceedings corita'ing the'judgment.: ,: .. ~ %~;~ ., District Justice 2006 n .SEAL ~''r COMMOtJWEALTN OFPENNdYLVANIA {OURT OF COMMON PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMONPLEAS No ~~ .J~``S'`..`~'.~" t~; ~^`_~ NOTICE OF APPEAL Notice is given that the appelknt has filed in the above Court of Common Pleas an dppeal from the' judgment rendered by the District Justice on the date and in the wse mentioned belov,: yr .vre .ri uir ~u~e zPCWE .y ~ ~ .n , A &~ , ~~tR~ CV 19 OC?B{~a2sfr~-fI 0 ~° LT 19 ~c~' This bock will be signed ONLY when this notation is required under Pn RC.P.JJs. Na 100f1F1 This Notice of Appeal, when received by the District Justice, wjll operate as a SUPERSEDERS to the judgment for possession in this case If appellant was CLAIMANT (see Pa. R.C:P.JP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Rothwotary a Deputy NOTICE OF APPEAL FROM PRAECIPE''TO ENTER'RULE TO FILE COMPLAINT AND RULE TO 1FILE (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 Distract Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). ~,, - PRAECIPE: To Prothonotary _a'1 `_ Enier rule upw ~~ t1 ~~ '°'~ /r . G-~ , appellee(s),1o`flle a, complPwi" in this appeal _ - ,~ Name oI appellee(s) : ~'.? _ (Common Pleas Na `~°~ ~ ~~~ ~ )within twenty (20) days after ser ' of rule or suffer.eMry of juzlgmQnt"-.of non pros _ - S~ lent a fris attorney a agent RULE: To e'-'r~W `~ ~ ~- ~ °~ ~ I ~"' ~ , appellee(s). name a appe0~e(s) (1) You are rafifx:d that a rule is hereby entered upw you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upw you by personal service or by certified or registered mail. (2) If'yw do not file a complaint within this time, a JUDGMENT Of NON PRCJ$'V'B(: ENTERED AGAINST YOU. . -r. .~ - (3) The date of service of this rule if service was by mail is the date of mgilirg:= ~ / Date: S /~ ,~v71.~/ ~(~"~'C-fylt~ ,r't'e v~.~~~tr' ~~,~L " Sigleuae o1 ar U4aulY 6 Y ti,4 ~/ rte, f~F/ t f~~ [{ ~GIC.Y Y> ~C"C+~J f 1 Jr,,r.1 Cil'C~. nom. dY,~.p~...~..~~:5~+.'~ I r oovca,s-sa COURT FILE ~R~~~F' ~~ ~~R'~t~~~ C9~ P#~'1~~ C3F APPEAL Ahl['9 Ri9i.~ 'ffJ FILE C:~MPI.A9R1T "Fhis proof of aervfoe N1G'SF~ B~ Flf_EL-k N!lFNtN 7EN {7p) Q~YS AFTER thing the rotiee rat appeal. Chst;k applicable boxes) i.CbibiR9!;JEdb4+~A.1_T~ d}~ P~tV PiSYt.k'A11~is1. AI~~~~A~9"~'; I ereretry auaezr ar asiirrrt that 1 s€arve+d C~ a eoiry of the Nods+:e ni Appeal, Common 1''feas Na. ~ ~- ~~~`" -3 , upon ,he District Justice designated fhere3n on fa'at,: a~t s©rviee) _-.W.____._~__...___~...._.. C] by personal service ~.liy {ceriified~{registered) mail, sender's receipt attartred heryic. anti upon tlhe appellee, {name) ._. _~ ~ __._~____.____t~ , an ~_.._._.~____.~ , '19 __.__, C~ Ery persanadl service CJ by (c®rfified} {registered] mail, sender's receip3: attached hereto. Ci and further fhatlserved the Rule CO FIeaC,bm taint accampanying:he above Notice of Appea~upon the appellee{s}to whom She i;ule was adcrtssed ar; ~._~~ _ . , ~d ~ ^ by perso-ra3 serv~s~ by (certified} {registered} mail, ser;der's receipt attached hereto. ~ ~ /~ ~ ~/ Sydt7FrN (AFF#RttY+t~^t>} r,NCJ SUCi~;; F?iHED t3EFt>fiR NEE r. , {{~~,, V~41..... 9 i ~... r ~, ,,y,+~ 7hilS,.e_~~! ~__:T_DAYC}Fa.~~. dKlC~c~ _:~ ` V/;. . ._ ;/'~ /j t rl ~ ' ~ Signature of aifiant 7itis o My cwr~rRai~~ar cn ~CJ d L ~ T ~~ ~ ) " - Z f ~ V T _ . -C:i (,J -I tr, C Sa. =_3 _ L ~ C~ ~, ~ f1 N t ~~ _r '~ Complete items 1, 2, and 3: Also complete item 4 if Restricted Delivery is desired. ^ Print yotm name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Atltlressed to: Rater ~ ~ to ~ Cau~o ~~~/~ ~ ~ ~~ PS Form 3kSl 1, o Complete items 7, 2, and 3. Atso complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailplecet_., or on the front if space permits. -: , 1. Micle Addressedto: ~~ ~~/~ P~~~aa~ 2. Anicle Number Print ble4ily)' ' B. Date of Delivai ,`unrr, q-c~t,~.._p~ C. D. Is delivery address different from item 17 IJ Ye: If YES, enter tlelivery adtlress below: ^ No 3. Servi a Type ~rtifled Mail ^ Express Mail ^ Registeretl ^ Retum Receipt for Merchantlise ^ Insured Mail ^ C.O.D. 4. Restdcted Delivery? (Extra Fee) ^ Yes ~D! J C. Sure c X ^ Agent ^ Atldressee D. Is deliveraddress different fiom item 1? ^ Yes If YES, (anger delivery atltlress below: Q No 3.~~Ser/v'~ce Type CiLTGedifled Mall ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ yas Form 3811,~March 2001 ~ ~ ~ ~ Domestic Return Receipt ~ ~ tozssa-0t•tataza' ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant CIVIL ACTION 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 appeazance 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 maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 v. SCOTT BEERS t/d/b/aHOSS'S REMODELING, Defendant CIVIL ACTION 1. The Plaintiffs are Eric and Vicki Lange (hereinafter the "Lange"), husband and wife, adult individuals with an address of 9 Laurel Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Scott Beers t/d/b/a Hoss's Remodeling (hereinafter "Beers") with an address of 2508 North 5`s Street, Harrisburg, Pennsylvania 17110. COUNTi Breach of Contract 3. On or about May 5, 2001, the Langes and Beers entered into a written contract under which Beers agreed to provide labor and materials in constructing atwo-story addition and sumoom to the Langes' home and in exchange the Langes agreed to pay to Beers the amount of $32,622.00. A true and correct copy of the aforesaid agreement is attached hereto as Exhibit ~.A„ 4. The agreement between the parties was later revised by certain additions and deductions of work which resulted in a final amended contract in the amount of $30,607.00. 5. Under the agreement Beers represented that he would begin his work on the project on approximately May 23, 2001, and complete the work on approximately June 13, 2001. In the contract Beers expressly agreed and represented that all material set forth in the agreement was guaranteed to be as specified and that all work would be completed in a workmanlike manner according to standard practices. Under the agreement Beers further expressly and/or impliedly agreed to and obligated himself to: a. Provide qualified workmen and subcontractors to perform the work on the Plaintiffs' home; b. Provide qualified and proper supervision of workmen and subcontractors to supervise the work on Plaintiffs' home; c. Perform the work on Plaintiffs' home in a good and workmanlike manner; d. Promptly repair all deficient items of work in a good and workmanlike manner; e. Complete the work to be performed under the agreement within the time set forth in the agreement; f Provide a sufficient number of workmen to complete the project within the time specified in the agreement; and g. Install materials and systems in accordance with the manufacturer's specifications. 8. Defendant Beers breached the agreement by failing to: a. Provide sufficient qualified workmen to perform the work on the Plaintiffs' home; b. Failing to provide qualified and proper supervision of workmen and subcontractors to supervise the work on the Plaintiffs' home; c. Failing to perform the work on the Plaintiffs' home in a good and workmanlike manner; d. Failing to promptly repair all deficient items of work in a good and workmanlike manner; e. Failing to complete the work to be performed under the agreement within the time set forth in the agreement; f. Failing to install materials and systems in accordance with manufacturer's specifications. 9. Plaintiffs did not in any way hinder Defendant Beers from properly constructing the addition to be constructed under the agreement in a proper and timely manner. 10. Defendant Beers abandoned the project prior to completing a substantial portion of the work under the agreement. 11. The last date on which Defendant Beers performed any work on the project was June 29, 2001. 12. To date, the Langes have paid Defendant Beers $24,222.00 for labor and materials provided on the project. 13. As of the date Defendant Beers abandoned the project the following work was either not performed or was performed in an unworkmanlike manner: a. Gutters and down spouts; b. Out of plumb framing; c. Floor joists not as specified; d. Improper installation of siding; e. Plumbing for bathrooms did not pass inspection; Improper design and installation of roof where addition meets existing roof; g. Failure to complete fixture installation; h. Failure to complete drywall; i. Failure to complete painting and trim work; and Failure to complete electrical work. 14. In order to complete the project consistent with the agreement between the parties the Langes have incurred costs in excess of $14,000.00 over and above the amount paid to Beers. 15. Defendant Beers' failure and refusal to timely complete the work under the agreement in a workmanlike manner constitutes a breach of contract. 16. As a result of Defendant Beers' breach of the contract the Langes have suffered damages in excess of $8,500.00 representing costs to repair and complete Beers' work over and above the contract amount. 17. All conditions precedent to the bringing of this action have occurred and/or have been performed. WHEREFORE, Plaintiffs, Eric and Vicki Lange, respectfully request this Honorable Court to enter judgment in their favor and against Defendant, Scott Beers t/d/b/a Hoss's Remodeling, under Count I of this Complaint in an amount in excess of $8,500.00, plus costs and interest. 4 COUNT II Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 P.S. §201-1, et. seq.) 18. Plaintiffs incorporate herein by reference the averments of paragraphs 1-17 above as if set forth fully herein. 19. Under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (hereinafter the "Act") at 73 P.S. §201-1, et seq., it is an unfair method of competition or an unfair and deceptive act to represent that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another. 20. Defendant Beers represented to the Langes that their home addition would be constructed by Defendant Beers in a workmanlike manner and according to standard practices. 21. Defendant Beers further expressly represented that all material to be included in the Plaintiffs home would be guaranteed to be as specified. 22. The Plaintiffs relied on these express representations by Defendant Beers in entering into the agreement with Defendant Beers. 23. Under the Act at §201-2(x)(v)(i) it is a violation of the Act to make repairs, improvements, or replacement on tangible, real or personal property of a nature or quality below the standard of that agreed to in writing. 24. In addition to the express representations with respect to quality set forth above Defendant Beers further expressly represented that he would complete the work on the Plaintiffs' home by approximately June 13, 2001. 25. Defendant Beers abandoned the project and never completed the work. 26. Defendant Beers violated §202-2(x)(v)(i) of the Act inasmuch as he performed improvements to the Plaintiffs' real property of a nature or quality below the standard of that agreed to in writing as follows: a. By failing to complete the work in a timely manner and by the date set forth in the agreement; b. By failing to install specified floor joints; c. By improperly installing siding on the home; d. By failing to install the rough framing and roofmg in a workmanlike manner and in accordance with standard practices and codes; e. By failing to perform plumbing work in accordance with standard practices and applicable codes; 27. As a direct and proximate result of the substandard performance of the work items to be performed under the agreement, which substandard performance is contrary to and below the standard of that agreed to in writing, Defendant Beers has violated the Act. 28. As a result of Defendant Beers' violation of the Act the Plaintiffs have been damaged in an amount in excess of $8,500.00 representing costs to repair and complete Beers' work over and above the agreed upon contract amount. 29. Section 201-9 of the Act authorizes the award of treble damages in attorneys' fees. WHEREFORE, Plaintiffs, Eric and Vicki Lange, respectfully request this Honorable Court to enter judgment in their favor and against Defendant, Scott Beers t/d/b/a Hoss's Remodeling, under Count II of this Complaint in an amount in excess of $8,500.00, plus interest, treble damages and attorneys' fees as authorized under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Respectfully submitted, REAGER & ~,ER.lP Date: October 8, 2001 Thomas.-Williams, Esqu Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiffs _ ._ HOSS'S REMODELING `-r~ Home of the Lifetime Guarantee ~~~ .• 2509 N. 5th Street --'~- HARRISBURG, PA 17110 (717) 32.4352 t 24-Hr. Emergen X (717) 379-3159 Submitted ~,. ,~ / • -- • -~_~ ' y L«_,.~ , __ ~ ~ PHONE // DATE we Page No. -~ of ._-~,_Pslges Remodeling Praia CONTRACTOR LICENSE NO. J08 PHONE NO. I JOS NAMEf NO. JOB LOCATION ' ~=r~ ARCHITECT GATE OF PLANS '~ J/ti yw ~~~- APPROXIMATE STARTING DAVE APPROXIMATE COMPLETION DATE 133472 r.~ :i. % /+ ,~ ....e..1 ~ i ~ i ns+ /r1 ~ .G~JC-.`-G.4.~ . '~ __T.1 _.` ~ 1 _ - !' / / -r : :-` r- t / ~ ,l. .s ~ -T. r ,. -. , f _..__:~.-~,.e..._.•.._. 'l{=1_. ~...w...f_.. _4 .a- .G ~ ~-/ (. r .ic 04S.e+( ~ ~r `G ~.. i /~ (.c f.-_. ~ .} ., .. : , ~~. . r._. L __._ .............._._..._._,......._:.`.G.._....._.,:...ca.~.._.._..._.....;_.,......JS.._..,..._.......-.................._........i.i_v_.Y_C.:.a..rs.^-_~.__~.1.._::,~.___.....__...:..:..__,--'"...__.:T.:1..:...=-.~_.;t=- _ ...Y_... j r . ^ !. - • . ~ is i '. - .. .__.._....._.._.._.~.._.._.n!_..............__~._L . - ~ r. ... .. i .. :- ....t_v..rw._..i.__~:....4'}._L'G.'._~ l-_ ~! ~ __.' G_1"~._...._.: Y_.:__.._:1 .._../~ ~ f C Lr"._L!':.._.. ......=_~.__s~.. _ -: ~~- .:. . _ r-~ ~ '!:. i ... - {~'. ~ 4, ` - ~__. rye _. ~slL r r-. .,,,r. . . • .- _ _ 1 p ~ ,e__ ~_._ ~_..i.,!+.~__.~ ::: tt_.' ~.aS_a-....e..~ _Z~..._.~f_ 4 ~..._ Q-i_a ~' !'~=:•._. ___r .. 4.°._..12~~ :........Q.e.cv_2,~:-f..._.e _' -_4Z~ e!.___- : ! ~:-r- ! %~ra' t Ag material is guaranteed ro be as speciged. Ag work to be com- pleted in a workmangka manner aecoW'mg to standard praegces. Arty aneratton or deNattan horn the above speciMattons imoNirg exlre costs will be done onty upon a written change oreer. The mats wig 68come an axtre charge over antl above the estimate. This is to include. but is not gmited b, hidden damages that are uncovered tludng Ne couree of the joD and addttlonal work required by Iocai 6uikfing inspectors. M etaments of ttss agreement are contingent upon stdkes, acadents or delays beyond our conuoL The estmate does not include material price increases. or additbnal labor and materials whkh may be required shmld unforeseen preDlems ache aner the wont has started. You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this trans- action. Cancellation must be done in writing. i We PrOPOSe hereby to furnish material and labor -complete in accordance with g above specifications, for the sum of: ::~ ~^ >~.. ~'...: ,~.. /1.,. ' dollars ($ ~ .C G- ~%• '~ Payment to be made as follows: .~ / /NCO, ./s -a ~tl<r r~ara::•.s:~r ?`' ~CCra c7 !. {'ra.~-S.•S. c~•-~_~ r s, , ~J. 7G 4aYi`?cr/ rD ;' r~ ~:YJ/), ~i )~1 ~.., ~. ~r r.'ICe Off" ~F!cvf c..:-+c._ / r Note: This pmpoml ,/ _ ~/`-r`_ maY be wigd2wn / /33~~+~ AuIIwAZed S'grieNre 6y us k not tcespled wN+in ~ daYS. Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Sgiemn ~ i, !a._ r - fwY_~-- pys _5=/ :~/`!' / S4nsyn :%. •: LJC t l ,:-- ~ ~} / Dare I, Eric Lange, verify the averments of the foregoing Complaint are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 1GJ ~~o By: C~ Eric Lan 3' ERIC LANGE and VICKI LANGE, : IN THE COURT OF COMMON PLEAS husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2001-5453 v. CIVIL ACTION SCOTT BEERS, t/d/b/a HOSS'S REMODELING, Defendant NOTICE TO PLEAD TO: Plaintiffs, Eric Lange and Vicki Lange: You are hereby notified to plead to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a default judgment maybe entered against you. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Steven P. Miner, Esquire Attorney I.D. No. 38901 David H. Martineau, Esquire Attorney I.D. No. 84127 P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Defendant, Scott Beers, t1d/b/a Hoss's Remodeling Dated: 1 ~ ~ b t Dac«ment 8: 220128. / ERIC LANGE and VICHI LANGE, husband and wife, Plaintiffs v. SCOTT BEERS, t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 CIVIL ACTION ANSWER WITH NEW MATTER AND COUNTERCLAIM TO THE HONORABLE COURT: NOW, COMES the Defendant, Scott Beers, t/d/b/a Hoss's Remodeling, through his counsel, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., and hereby answers the Complaint filed by Plaintiffs, Eric Lange and Vicki Lange, husband and wife, as follows: 1. Admitted. 2. Admitted. COUNTI Breach of Contract 3. Admitted. 4. Admitted. By way of further answer, additional items were added to the final amended contract, including the following: $600 for additional vinyl siding on existing structure; $475 for an upgrade from 36" shower to 48" shower. Total additional items were $1,075. This amount is still due and owing. Document 1!: 220!28./ 5. Admitted in part and denied in part. Admitted only that the time frames were approximate. Defendant indicated to Plaintiffs that he may be working on other prior commitments during the construction period. Further, he also indicated that he would not begin the project, unless he could provide working plumbing to the Plaintiffs and this was approved by Plaintiffs. 6. Admitted in part and denied in part. Admitted only that warranties and guarantees will apply after outstanding balances have been paid. By way of further answer, it is also admitted that plumbing work may not have been completed in workmanlike fashion due to Plaintiffs interference with the plumbing portion of the contract. 7. Paragraph 7 states legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is being required, the averments of Paragraph 7.a. through 7.g. are denied, and strict proof of same is demanded. 8. Paragraph 8 states legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is being required, the averments of Paragraph 8.a. through 8.f. are denied, and strict proof of same is demanded at trial. 9. Denied. To the contrary, Plaintiffs failed to remove a dog kennel when requested and refused to pay Defendant for the additional expense required to move said kennel. Additionally, by further answer, after completion of 75 to 80 percent of the work, the Plaintiffs placed a "No Trespassing" sign on the job and forced Defendant to abandon the job. Documen[ #: 220128.1 10. Admitted in part and denied in part. It is admitted that Defendant Beers did not complete the job, but by way of further answer, Defendant Beers had completed 75 to 80 percent of the job when a "No Trespassing" sign was hung by the Plaintiffs, preventing Defendant Beers completion of the project. 11. Denied. To the contrary, the Defendant Beers had personnel on the property as late as July 6, 2001 to address water problems that were caused by Plaintiffs failure to move the dog kennel as promised. 12. Admitted. 13. Denied. The averments of Paragraph 13.a. through 13.j. are denied, and strict proof of same is demanded at trial. 14. After reasonable investigation, the Defendant is unable to admit or deny the averments of Paragraph 14. Therefore, the averments of Pazagraph 14 are denied, and strict proof of same is demanded at trial. 15. Paragraph 15 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Pazagraph 15 are denied, and strict proof of same is demanded at trial. 16. After reasonable investigation, the Defendant is unable to admit or deny the averments of Paragraph 16. Therefore, the averments of Paragraph 16 aze denied, and strict proof of same is demanded at trial. 17. After reasonable investigation, the Defendant is unable to admit or deny the averments of Paragraph 17. Therefore, the auerments of Pazagraph 17 are denied, and strict proof of same is demanded at trial. Document #: 220128. / WHEREFORE, Defendant, Scott Beers, t/d/b/a Hoss's Remodeling, respectfully request this Honorable Court to enter judgment in his favor and against the Plaintiffs, and to award the unpaid balance in the amount of $1,075.00, with interest, costs and other reasonable relief. COUNT II Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 P.S. §201-1, et seq.) 18. No response required. 19. Paragraph 19 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Paragraph 19 are denied, and strict proof of same is demanded at trial. 20. Admitted. 21. Admitted, after payment in full. 22. After reasonable investigation, the Defendant is unable to admit or deny the averments of Pazagraph 22. Therefore, the averments of Paragraph 22 are denied, and strict proof of same is demanded at trial. 23. Paragraph 22 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Paragraph 22 are denied, and strict proof of same is demanded at trial. 24. Denied. To the contrary, Defendant Beers indicated to the Plaintiffs at all times that the completion date was approximate and could and would be delayed by prior construction commitments, and, as happened in this case, the interruption or interference by the Plaintiffs. Document #: 220!28.1 .~~. 25. Admitted in part and denied in part. It is admitted that Defendant Beers did not complete the job, but it is denied that the Defendant abandoned same. To the contrary, Defendant Beers was forced off the job by the acts of the Plaintiffs and their posting of a "No Trespassing" sign. 26. Paragraph 26 states legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Pazagraph 26.a. through 26.e. aze denied, and strict proof of same is demanded at trial. 27. Pazagraph 27 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Paragraph 27 are denied, and strict proof of same is demanded at trial. 28. Pazagraph 28 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Pazagraph 28 are denied, and strict proof of same is demanded at trial. 29. Paragraph 29 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Pazagraph 29 are denied, and strict proof of same is demanded at trial. WHEREFORE, Defendant, Scott Beers, Ud/b/a Hoss's Remodeling, respectfully request this Honorable Court to enter judgment in its favor and against the Plaintiffs, and to award unpaid balance in the amount of $1,075.00, plus interest, costs and other reasonable relief. NEW MATTER 30. The averments of Paragraphs 1 through 29 aze incorporated herein by reference. Document #: 220/28./ 31. The claims of Counts I and II of the Complaint may be excused by the impossibility of performance caused by acts of the Plaintiffs. 32. The claims of Counts I and II of the Complaint may be barred by applicable Statute of Limitations. 33. The claims of Counts I and II of the Complaint may be barred by the Statute of Frauds. 34. The claims of Counts I and II of the Complaint may be barred by failure of consideration. 35. The claims of Counts I and II of the Complaint may be barred by failure of Plaintiffs to make payment. 36. The claims of Counts I and II of the Complaint may be ban•ed by the consent of the Plaintiffs. 37. The claims of Counts I and II of the Complaint may be bared by the duress committed by the Plaintiffs against Defendant. COUNTERCLAIM 38. The averments of Paragraphs 1 through 37 are incorporated herein by reference. 39. The Defendant claims $1,075 from the Plaintiffs based on the Plaintiffs' failure to pay for upgraded items, including additional vinyl siding on existing structure in the amount of $600 and an upgrade from a 36" shower to a 48" shower in the amount of $475, for a total counterclaim of $1,075. Document N: 220128.1 WHEREFORE, Defendant Beers respectfully requests this Honorable Court to grant judgment in his favor and against the Plaintiffs in the amount of $1,075, plus costs and interest, and other reasonable relief. Respectfully Submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY ~ D ~ Steven P. Miner, Esquire Attorney I.D. No. 38901 David H. Martineau, Esquire Attorney I.D. No. 84127 3211 North Front Street Date: ~ l ~ ~l ~ 61 P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 ~ocumen7#: 22D128.1 I, Scott Beers, do hereby verify that the facts set forth in the foregoing Answer with New Matter and Counterclaim aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsificationto authorities. Date: ~~ D ~'- 4 ~ .~ SCOTT BEERS Document #: 220128.1 . ......,,,..Y ~~,~z ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 v. SCOTT BEERS, t/d/b/a HOSS'S REMODELING, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, David H. Martineau, Esquire of the law firm Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Answer with New Matter and Counterclaim with reference to the foregoing action by First Class Mail, postage prepaid, this G'~ day of November, 2001, on the following: Thomas O. Williams, Esquire Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011-464 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. avid H. Martineau, Esquire Document#:220128.1 { .,ry$g~redd@tr~laNntd3irub:A£HS[4:df%,:6rcEe $..r -;..:.:~, '^~cd'Jr,Sn`5~v.a"_,°e:9iL'.: ' .• ~. •., ~'. ~J ~..' r-\ .~+ ~ ~ Z r r ~ ~ ~ - .~ r ~; , ~.7 ___ L_ "./ C.. _t /~ ~ _ ~ ~ ~ ~ . ( 1 .. ,~ ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant CIVIL ACTION PLAINTIFFS' RF,PLY TO NF.W MATTF,R AND ANSWER TO ('OUNTFRC'i,AiM 30. No response required. 31. The averments of Paragraph 31 constitute conclusions of law to which no responsive pleading is required. 32. The averments of Paragraph 32 constitute conclusions of law to which no responsive pleading is required. 33. The averments of Paragraph 33 constitute conclusions of law to which no responsive pleading is required. 34. The averments of Paragraph 34 constitute conclusions of law to which no responsive pleading is required. 35. The averments of Paragraph 35 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed necessary Plaintiffs deny that they have failed to pay the Defendant for the work the Defendant completed in a workman-like manner. Plaintiffs incorporate their complaint herein as if set forth fully. 36. The averments of Paragraph 36 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed necessary it is denied that the Plaintiffs consented to the Defendant's breach of the contract. 37. The averments of Paragraph 37 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed necessary it is denied that the Plaintiffs committed any duress upon the Defendant. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter a judgment in their favor and against the Defendant in accordance with their Complaint. 38. No response required. 39. The averments of Paragraph 39 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed required, the Plaintiffs specifically deny that the Defendant is owed any amount of money for the work performed on the Plaintiffs' house. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against the Defendant and that the Defendant's Counterclaim be dismissed with prejudice. Respectfully submitted, REAGER & ADLER, P.C. Date: November 20, 2001 Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff 2 Attorney I.D. No. 67987 2331 Market Street .. I, Eric Lange, verify the averments of the foregoing Plaintiffs' Reply to New Matter and Answer to Counterclaim are true and correct to my personal lrnowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~~Gl i By: G Eric e I, Vicki Lange, verify the averments of the foregoing Plaintiff s Reply to New Matter and Answer to Counterclaim are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: //~j6~0/ By: ~~Ci~~=,G-~L-eLp ~ Vicki Lange ~~~ M AND NOW, this 20`s day of November, 2001, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.5. mail, first class, postage prepaid and addressed as follows: Steven P. Miner, Esquire David H. Martineau, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 T MAS O. WILLIAMS, ES IRE xtMsia_.o-aG.~l3~zar:aiwf.*Ix~izN ysc.~d3 vl~ 11 +?d s ~_~u?.- r~.;;~,*~. n,AU, x,~~exmmo~~.Nw:w^xena~~r-.m. ~«~m~',~~a~~il a. `~ n .~ C _ "5. fii ~'-'- .- v - , ~J : i . ? r-J ~- ' 1 -_ ~ 1 ; i~ ~ T ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs v. SCOTT BEERS, t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 CIVIL ACTION RULE TO SHOW CAUSE TO: Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5th Street Harrisburg, PA 17110 You are hereby directed to show cause, if any you have, why the relief requested in the foregoing Petition of Metzger, Wickersham, Knauss & Erb, P.C., and Steven P. Miner, Esquire, to withdraw as your counsel shoul/dnnot be granted. Rule returnable within I I / -days of service. BY THE COURT: ~,~,I~z, 2~~ J. ~oPie3 a-1 ~ o3-os~-oa R~s ~o~ ~c~. ~ee~s ~~, C~1t~1eR Document #: 227210.1 y ~,.a G . ~ ~y ~'- a G ~ .~~' , " ~; __ - _ ~- "~'= Y JJW _' r a {Y ;_ ' ~ , S (~ ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs v. SCOTT BEERS, t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 CIVIL ACTION PETITION FOR WITHDRAWAL OF APPEARANCE AS COUNSEL FOR SCOTT BEERS t/d/b/a HOSS'S REMODELING AND NOW, this ~ day of February 2002, Steven P. Miner, Esquire, and the firm of Metzger, Wickersham, Knauss & Erb, P.C. petitions this Honorable Court to withdraw Mr. Miner's and the firm's appearance in the above referenced case for the following reasons: 1. The Defendant in the case, Scott Beers, Ud/b/a Hoss's Remodeling, has refused to cooperate in the defense of this case. 2. Counsel has attempted on numerous occasions to contact the Defendant by telephone and by mail without success. 3. Discovery responses have not been completed, nor has any contact with counsel been received. 4. Counsel has expended many hours of uncompensated time in the file, and does not wish to incur additional billings without a substantial retainer. There is no pending hearing or trial scheduled in this matter. 6. Plaintiffs counsel does not oppose this mofion. Docxment fk: 221210.1 t WHEREFORE, Steven P. Miner, Esquire, and the firm of Metzger, Wickersham, Knauss & Erb, P.C. respectfully request that this Court grant this Petition to Withdraw. Respectfully Submitted, 2~~yIaV METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Ste en P. Miner, Esquire A rney I.D. No. 38901 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Doa+ment #: 227210.1 02/12/2002 13:44 FAX 7172349478 - ~ ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs v. SCOTT BE1;RS, t/d/b/a HOSS'S REMODELING, Defendant No. 2001-5453 CIVIL ACTION CERTIFICATE OF CONCIlI2IiENCE I, Thomas O. Williams, attorney for Plaintiffs, Eric Lange and Vicki La~ge, hereby certify that I do concur with the Petition of Steven P. Miner, Esquire, ~utd Metzger, Wickersham, Knauss & Erb, P.G., for Witltdxawal of Appearance. Dated: ~ I ~' G ~ MWK&E HGB PA [~JOO3 4I4 I f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA nn.,,...o„~ x. »»er ~ Reager & Adler, PC 2331 Market Street i Camp Hill, PA 1 701 1-464 j ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs v. SCOTT BEERS, t/d/b/a HOSS'5 REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this ~ day of~, 2002, I, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendants, hereby certify that I served a copy of the within Petition to Withdraw as Counsel this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Thomas O. Williams Esquire Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011 Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5th Street Harrisburg, PA 17110 l/ v P. Miner, Esquire Document#:227270.1 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs v. SCOTT BEERS, t/d/b/a HOSS'S REMODELING, Defendant MAR 2 7 2002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 CIVIL ACTION ORDER AND NOW, this~~ day o , 20~upon consideration of the Petition for Leave to Withdraw by Petitioner, Metzger, Wickersham, Knauss & Erb, P.C., it is hereby ordered and decreed that the Petition is granted and that Petitioner, Metzger, Wickersham, Knauss & Erb, P.C., is hereby given permission to withdraw as counsel for the Defendant, Scott Beers, t/d/b/a Hoss's Remodeling, in the above matter. BY THE COURT: n„M.,„on~se~ ~eneis ~ &Etibei~ai~'ufs`3h~aa~:~wa3.xu..,rn ~,~x- ,. ,._ ,. ._ •nn.~ .. ~~...a~:~+rs~nr _' ~ y.. _ .....°'"~ '°~"' { 5 tr ~.1 ~~ (` ~~ a s; // S~ ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs v. SCOTT BEERS, tldlbla HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 CIVIL ACTION PETITION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND NOW, this ~ day of March, 2002, comes Petitioner, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., former counsel for Scott Beers, t/d/b/a Hoss's Remodeling, and respectfully requests this Honorable Court to make the Rule to Show Cause dated March 2, 2002 absolute, and represents the following: Petition for Withdrawal of Appearance as Counsel for Scott Beers t/d/b/a Hoss's Remodeling was filed February 19, 2002. 2. Pursuant to the above Petition, the Honorable George E. Hoffer issued a Rule on March 2, 2002, to show cause why Petitioner should not be allowed to withdraw. (A true and correct copy of the Rule to Show Cause is attached hereto and incorporated herein as Exhibit "A".) This Honorable Court ordered that the Rule be returnable within ten (10) days of service. 3. As of the date of this Petition, neither Plaintiff nor Defendant has filed any response to the aforesaid Rule to Show Cause. n~M,mo.,~x~ ~~nais i ~.~..~._ m~~ _ _ WHEREFORE, Steven P. Miner, Esquire and the firm of Metzger, Wickersham, Knauss & Erb, P.C. respectfully requests this Honorable Court make its Rule absolute and enter an Order allowing Petitioner to withdraw as counsel for Defendant. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. i By ~, ~ Ste en .Miner, Esgmre Attorney I.D. No. 38901 P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Dated: 'U L n.,,,.mo,,,e~ ~xna~s ~ ERIC LANGE and VICKI LANGE, : IN THE COURT OF COMMON PLEAS husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2001-5453 v. CIVIL ACTION SCOTT BEERS, t/d/b/a HOSS'S REMODELING, Defendant VERIFICATION I, Steven P. Miner, Esquire, hereby certify that the facts set forth in the foregoing Petition to Make Rule to Show Cause Absolute are true and correct to the best of my knowledge, information, and belief, and that this Petition is not interposed for the purpose of delay, and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. P. Miner, Esquire n.,~„momx~ ~en~is i ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs v. SC01 T BEERS, t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 CIVIL ACTION RULE TO SHOW CAUSE TO: Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5th Street Harrisburg, PA 17110 You aze hereby directed to show cause, if any you have, why the relief requested in the foregoing Petition of Metzger, Wickersham, Knauss & Erb, P.C., and Steven P. Miner, Esquire, to withdraw as your counsel should not be granted. Rule returnable within days of service. ~aa~~rv1, 20Q2 n opieS Ql`e~ ~3-Q~-0 R~5 Sca~~eeRs j C~e.RS~a'('f~ Document #: 227210.1 CERTIFICATE OF SERVICE 'l AND NOW, this day of March, 2002, I, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, Scott Beers, t/d/b/a Hoss's Remodeling, hereby certify that I served a copy of the within Petition to Make the Rule to Show Cause Absolute this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Thomas O. Williams Esquire Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011 Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5th Street Harrisburg, PA 17110 n,~„m>.,,a ~en3~s~ ~~ -a ~'i' - ~-~ ~y-, ~; j - -_ G: 1 i ~"~ V .' I' . i C: , :cam (' ~_C ~~:I J,C '~ :.,J _ ^.> °', _J hJ =:. ` : `ASR Q 9 ZOQ2 ERIC LANGE and VICKI LANGE, : IN THE COURT OF COMMON PLEAS husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO.: 2001-5453 v. SCOTT BEERS t/d/b/a HOSS'S :CIVIL ACTION REMODELING, Defendant AND NOW, this day of , 2002, it is hereby Ordered that Defendant, Scott Beers t/d/b/a Hoss's Remodeling, provide full and complete answers to Plaintiffs' Interrogatories and to provide any and all documents responsive to the Plaintiffs' Request for Production of Documents by serving same on Plaintiffs' counsel within ten (10) days of the date of this Order. It is fiu-ther Ordered that Defendant, Scott Beers t/d/b/a Hoss's Remodeling, pay to the Plaintiffs' the sum of $520.00 for costs and fees in prepazing and pursuing Plaintiffs' Motion to Compel. It is further Ordered that in the event complete answers to the Interrogatories and all responsive documents are not provided by Defendant, Scott Beers t/d/b/a Hoss's Remodeling, within ten (10) days of this Order then Defendant will be precluded from offering/presenting evidence of any kind regarding information or documents which aze the subject of Plaintiffs' discovery requests propounded upon the Defendant. By the Court, J. r ERIC LANCE and VICHI LANCE, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, CIVIL ACTION Defendant R i-F AND NOW, this ~~ ~ day of ~~ "y , 2002, a Rule is issued upon Defendant, Scott Beers t/d/b/a Hoss's Remodeling to show cause why the relief requested in ~ ~.~ ,~ Plaintiff's Motion to Compel should not be granted. Rule returnable within 6j days of fide daEe-ef this Order. By the Court, I ~o~. CoT~ ~ee~,s horRO..s ~"~! i' Ii c~rrtS , ~ 5~. L~;Nt,~t7AS~lN~d S~ ~8 ~!~? I i ~ldd ~U ~~ :?~I:iJC~-i]a~ii j ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs ` ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant CIVIL ACTION PLAINTIFFS' MOTION TO ('OMPFL ANSWF.R4 TO INTERROC,ATORiF,C AND RF~UESTS FOR PRODIIC'TiON DIRECTED TO DEFENDANT AND NOW, come Plaintiffs, Eric Lange and Vicki Lange, by and through their attorneys, Reager & Adler, P.C., who file this Motion to Compel Answer to Interrogatories and Requests for Production of Documents Directed to Defendant and in support thereof aver the following: 1. This case was commenced by Plaintiffs' Eric Lange and Vicki Lange (hereinafter "Plaintiffs") by the filing of a Complaint against Defendant Scott Beers t/d/b/a Hoss's Remodeling (hereinafter "Defendant") on or about October 8, 2001. 2. The Plaintiffs commenced discovery by serving Defendant with Requests for Production of Documents and Interrogatories on or about January 9, 2002. 3. The discovery requests were served upon Defendant's then attorney, Steven P. Miner, Esquire, by first class mail under a cover letter dated January 9, 2002. A true and correct copy of the cover letter and the Plaintiffs' Request for Production of Documents and Interrogatories are attached hereto as Exhibit "A". 4. The pleadings in the captioned case aze closed. 5. On or about February 19, 2002, Defendant's then attorney, Steven P. Miner, Esquire, filed a petition to withdraw his appearance and the appearance of his law firm as counsel for Defendant. ~ ~ , . ~ ~ e t 6. Pursuant to the aforementioned petition, the Honorable George E. Hoffer issued a Rule on March 2, 2002, to show cause why petitioner should not be allowed to withdraw. 7. Plaintiffs did not object to the petition. 8. Byway of an Order dated March 27, 2002, the Honorable George E. Hoffer entered an Order granting the petition for leave to withdraw filed by Defendant's counsel. A true and correct copy of the aforesaid Order is attached hereto as Exhibit "B". 9. More than thirty (30) days have passed since the Defendant was served with Plaintiffs' Request for Production of Documents and Interrogatories. 10. To date, the Defendant has failed and refused to provide documents responsive to the Request for Production of Documents and answers to the Interrogatories. 11. No objections have been filed by the Defendant with respect to the Plaintiffs' Request for Production of Documents and Interrogatories. 12. Defendant's failure and refusal to provide documents responsive to Plaintiffs' Request for Production of Documents and answers to Interrogatories constitutes a violation of the Pennsylvania Rules of Civil Procedure. 2 WHEREFORE, Plaintiffs, Eric Lange and Vicki Lange, respectfully request this Honorable Court to compel Defendant, Scott Beers t/d/b/a Hoss's Remodeling to provide answers and documents responsive to the outstanding discovery requests, to further award the Plaintiffs attorneys' fees and costs in filing and pursuing this motion, and to further enter an Order precluding Defendant from offering or presenting evidence of any kind that is the subject of the outstanding discovery requests. Date: Apri15, 2002 Respectfully submitted, REAGER & ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiffs .~ 3 REAGER &ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717.730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR Writer's E-Mail Address: tomwill~depix.net January 9, 2002 Steven P. Miner, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 T THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH CHRISTINE SCHWAMBERGER + Cert~ed Civil Trial Specialist Re: Eric Lange and Vicki Lange v. Scott Beers t/d/b/a Hoss's Remodeling Docket No.: 2001-5453 (Cumberland Co. C.C.P.) Our File No.: O 1-710.000 Dear Steve: Enclosed for service upon you please find an original and one (1) copy of Plaintiffs' Interrogatories Directed to Defendant (First Set) and an original and one (1) copy of Plaintiffs' Request fqr Production of Documents Directed to Defendant (First Set). We look forward to your client's answers within thirty (30) days in accordance with the Pennsylvania Rules of Civil Procedure. If you have any questions, please do not hesitate to call me. Very truly y s Thbmas O. Williams TOW/cmc Enclosure cc: Eric & Vicki Lange (w/encl.) ,.. ..i,.W..... __.._... m. ~. ._ _....__.. t . ~ ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVIL ACTION PL.AiNTIFFS' RFC TE T FOR PROD ('TiON OF DO TMFNT DiRF,CTED TO DEFENDANT (IIRST SETT Pursuant to Pa. R.C.P. 4003.3 and 4009, please furnish, at my expense, to my office within thirty (30) days, a photostatic copy or like reproduction of the following materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. I. Defmitions and Instructions. As used herein: The term "you" and "your" shall be deemed to mean and refer to the Defendant Scott Beers and/or Hoss's Remodeling. 2. "Document" means and includes any kind of written, typewritten or printed material whatsoever, including but not limited to papers, agreements, contracts, notes, memoranda, comments, correspondence, letters, telegrams, statements, invoices, record books, reports, studies,. minutes, records, accounting books, transcriptions and recordings of which you have any knowledge or information, whether in your possession or under your control, relating to or pertaining in any way to the subject matters in connection with which it is used, and includes, without limitation, originals, all file copies, all other copies, no matter how or by whom prepared, and all drafts prepared in connection with such writings, whether or not used. 3. "Person" means and includes natural persons, corporations, partnerships, associations and any other kind of business or legal entity. 4. "Identify" or "identity," when used with respect to a person or persons, means to state the full name of each such person, his or her present or Iast known address, and his or her present or last known business affiliation. 5. "Identify" or "identity," when used with respect to a document or documents, means to: } T r+ a. Identify each person or persons who wrote, signed, initialed, dictated, or otherwise participated in the creation thereof; b. State the date of preparation; o. Identify the addressee of all persons receiving copies thereof; d. Describe the type of document; e. State its present location; £ Identify each person who has custody or control thereof; and g. If the document was, but is no longer, in your possession or control or that of your agent or representative, state what disposition was made of the document. 6. "Identify" or "identity," when used with respect to oral communication or oral communications means to: a. Identify each person who participated in the malting thereof; b. State the date of making; c. State the place of making; d. Identify each person who was present when such oral communication was made; e. Identify any document or other form of record made regarding the content of the oral communication; f Describe the type of document; g. State the record's present location; and h. Identify each person who has custody or control of such record. 7. "Refers to" means any document that relates to, mentions, concerns, reflects, discusses, analyzes, records, reports, or studies aparticular subject or some aspect of the subject, or transmits, accompanies, forwards or is attached to documents relating to a particular subject; or which describes a particular subject regardless of whether the proper name, designation or title of the subject is specifically mentioned. Nonverbal documents relate to a subject if they depict or represent in any fashion the indicated subject. 2 8. The following general instructions shall govern the interpretation of responses made to these requests: a. Objections. If you contend that a response to a request for production calls, in whole or in part, for privileged documents, or if you otherwise object to any part of a request, or contend that any identified document would be excludible from production and discovery, please specify: the reason for each such objection or ground for exclusion; ii. the identity of each person having knowledge of the factual basis, if any, on which the privilege or other ground is asserted; iii. the individual documents alleged to be privileged, the author thereof, the addressee, the date, and all copy recipients. b. Scope of Documents. Documents called for in these requests encompass all variety or character of materials in Defendant's custody and under his control. These requests admit no exception because documents are classified as "private," "personal," "sensitive," "proprietary," or the like. c. Lost or Destroyed Documents. Where documents responsive to these requests have been lost or destroyed, state: the date, last known location of the document, the last person in control or custody of the document and the reason for the document's loss or destruction. d. Revised, Amended and Superseded Documents. Documents called for herein include all documents relating to the indicated subject regardless of whether a particular document has been superseded, amended, revised, rewritten, redrafted, rejected or rendered obsolete. e. Marginalia, Notations, Etc. Documents, or copies of documents, otherwise identical, should be each individually produced if individual documents contained any communication, notation or recording that does not appear in another copy or that does not appear in the original. f. General Not Qualified by a Specific. In these requests, a general and categorical request is no way limited to or qualified by specific items that are provided as examples of the general category. The enumeration of specific items is for illustrative purposes only and is not considered as a limitation. ~l All documents which you claim constitute the contract between you and the Plaintiffs. 2. All documents which you claim constitute approved change orders to the contract between you and the Plaintiffs. 3. All videotapes and/or photographs depicting work performed by you or others on the Plaintiffs' home. 4. All correspondence between you and the Plaintiffs. All correspondence, notes, reports, memoranda or documents of any kind, either in written form or electronic form, relating to your work on the Plaintiffs' home and/or your counterclaim in this case. 6. All contracts and purchase orders between you and any subcontractors, independent contractors and suppliers relating to labor and material provided to the Plaintiffs' home. All invoices from your subcontractors, independent contractors and suppliers relating to labor and materials provided to the Plaintiffs' home. 8. All documents relating to or evidencing proof of payment from you to any subcontractors, independent contractors, employees and/or suppliers for labor and or materials provided to the Plaintiffs' home. 9. To the extent not previously produced in response to previous requests, all notes, telephone messages, internal memoranda or correspondence of any kind between you and any subcontractors, independent contractors or your employees relating to labor and/or materials provided to the project. 10. All documents constituting or referring to foreman or superintendent reports relating to work performed on the project which is the subject of this lawsuit. 11. All statements of account prepazed by or referred to by you relating to costs you claim you incurred in performing any and all work on the project which is the subject of this lawsuit. 12. Any and all documents prepazed by you or referred to by you indicating the individuals and/or companies that were on the Plaintiffs' property and who you claim performed work on the Plaintiffs' home between May 1, 2001, and August 1, 2001. 13. All take-offs and/or estimates and any documents relating thereto concerning your pricing, estimating and/or proposal for the work to be performed by you on the Plaintiffs' home. 4 :_ ~ ~ '~ ,,. , 14. All inspection reports of your work on the Plaintiffs' home. 15. All notes, messages, correspondence, reports or memoranda prepared by anyone relating to the Plaintiffs, the Plaintiffs' home and or your work on the Plaintiffs' home. 16. All documents which you intend to offer as exhibits in the triaUarbitration of this case. 17. All documents referred to by you in your Answers to Interrogatories (First Set). Respectfully submitted, REAGER & AD , Date: January 9, 2002 f -Thom s O. i ams, squire Attorney LD. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiffs a 5 r AND lOTOW, this 9s` day of January, 2002, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Steven P. Miner, Esquire David H. Martineau, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 1?~ ~ n_mnn ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 v. SCOTT BEERS t/d/b/a HOSS'S CIVIL ACTION REMODELING, Defendant PL.AiNTIFFS' INTERROGATORIES DiRF,CTF,D TO DF.FF,NDANT (FIRST SETT I. INSTRUCTION You are directed to submit written answers under oath to each of the following questions. You must make reasonable efforts to obtain answers to any question as to which information maybe available to you. If you gain information at some later time which causes you to know that your answers were incorrect when made, or have become incorrect, you must supplement the answers you give in response to these questions, as provided in the Pennsylvania Rules of Civil Procedure. If yon gain information at some later time regarding the identity of persons about whom a question is asked, you must supplement the answers you give in response to these questions, as provided in Within thirty (30) days, you must return the signed original of these interrogatories to Plaintiff's counsel. In answering these questions, assume that all words used have their ordinary meanings in normal English usage, except as provided below or where content requires other interpretation. II. "Identify", when used in respect of a person, means to state that person's name, address, telephone number, job classification and such other information as would enable Plaintiffs to locate the person, interview him/her, or serve a subpoena uponhim/her. "Identify", when used in respect of a document, means the date of its making or execution, the identity of the person or persons who made or executed it, and the particular part, paragraph, or other subdivision thereof which is particularly relevant to the question; also state the place where it is kept and identify the person in whose custody it maybe found, with such specificity as will enable Plaintiffs to obtain the document through the use of a subpoena. "Identify", when used in respect of a communication, means to identify the parties to the communication, the means of communication, and the date and time thereof. "Person" means any natural or juridical person, group of persons, or association. "Communication" means any transmission or exchange.of information or meaning between two or more persons in any form. "Document" means any writing, recording or other material substance having on it a representation of some information, whether in the form of magnetic impulses, printing, or any other medium in which information may be preserved. "You" and "Your" shall mean and refer to Defendant Scott Beers and/or Hoss's Remodeling. III. 4PF TAT TN TRUCTTON4 1. If you do not answer an interrogatory, in whole or in part, because of a claim or privilege, set forth the privilege claimed, identify the facts upon which you rely to support the claim of privilege; anal identify all documents for which such privilege is claimed. In particular, if you refuse to identify a communication because of a claim of the attorney/client privilege, identify the speaker or author of the communication; the capacity in which the speaker or author was acting when he made the communication; the recipient of the communication; any persons present when the communication was made; and the subject or topics discussed in the communication. 2. Unless otherwise specified, each interrogatory requires a continuing answer. Each separate part of each interrogatory shall be separately answered. 3. Along with the answer to each numbered interrogatory, identify each person who participated in or supplied information with respect to the preparation of the response to such inten•ogatory, specifying whether each of such persons supplied relevant information, participated in the preparation of the response, or both. If the response to any interrogatory contains information supplied by more than one person, specify the particular information supplied by each such person. State whether he/she had first-hand information as to the matters contained in your answers, and if so, the manner in which he/she acquired such information; if not, the basis for his participation or involvement. 4. As specified by the Pennsylvania Rules of Civil Procedure, you are required to supplement or amend your responses to these interrogatories based upon any and all information obtained after filing such responses. IV. CPFCTAT INSTRUCTION AS TO ORAT COMMTJNICATIONS AND WRITTEN COMMTTNT ATIONS 1. With respect to any interrogatory in which reference is made to this special instruction, set forth with regard to each oral communication the following: A. The name, company or other affiliation, title or other identifying feature of the individual who made the oral communication. 2 B. State the name(s) of each individual to whom such oral communication was made, including such description of those individuals as to enable Plaintiffs to identify those individuals as to their affiliation, title or responsibility. C. State the date upon which such oral communication was made. D. State the place where such oral communication was made. E. State the name and identification of each individual who heard the oral communication if different or in addition to those individuals to whom such oral communication was made. F. State in detail the nature of the words communicated during such oral communication repeating the actual words used to the extent possible and, when not possible, paraphrasing those words. G. State if any individual to whom such oral communication was made, made any statements in response to said communication, and if so, identify such responses in sufficient detail by quoting the precise words used or by otherwise phrasing those words. H. State if said oral communication(s) was/were ever memorialized in any document or set forth a copy of same. I. If response to any interrogatory refers to a written communication, set forth the following: (a) a copy of such written communication; or (b) a detailed identification of such written document, including at least the following: (i) the date of the document; (ii) the name of the party who wrote the document; (iii) the name of the party to whom such documents were sent and the date upon which such documents were sent; (iv) the date upon which such document was received by the recipient; if lmown; (v) a full description of the contents of the document; (vi) if any response to said document was received and, if so, identify said response in sufficient detail so as to include the same information indicated in the preceding subparts of this instruction. i 1. Identify each and every individual employed by You who perfonned work on the Plaintiffs' home. For each individual please include the following information: a. The date(s) on which each individual performed work; b. The number of hours you claim the individual worked on each day; c. A description of the work performed by each individual; and d. The j ob title of each individual. 4 2. State the dates on which you, Scott Beers, personally were physically at the Plaintiffs' home/property. For each such date include the following information: a. The number of hours you claim you were at the Plaintiffs' home/property on each date; and b. The type of work you claim you were doing on the Plaintiffs' home on each date. 5 ~. „ 3. State whether you hired or contracted with any subcontractors and/or independent contractors in order to complete the work on the Plaintiffs' home. If your answer to this interrogatory is yes, state the following: a. The identify of each and every subcontractor ancUor independent contractor; b. The scope of work of each subcontractor and/or independent contractor; c. The amount you claim each subcontractor and/or independent contractor billed you for work performed on the Plaintiffs' home; and d. The amount you claim you have paid each subcontractor and/or independent contractor for work performed on the Plaintiffs' home. 6 4. State the contract amount to which you claim you and the Plaintiffs agreed. 5. State the amount you claim you and the Plaintiffs agreed on for all change order work outside the original contract agreement. 8 ~ q i 6. State the total amount you claim the Plaintiffs have paid you to date for all work you performed on the Plaintiffs' home. ANSWER: 9 State who you claim was in charge or was responsible for the Defendant in supervising the work of the Defendant on the Plaintiffs' home. 10 8. Identify each and every job or project which you worked on during the period of May, 2001, through August, 2001. Include in your answer the names of the owners of each such prof ect. 11 t ~ ~ 9. Identify the individual you claim was in charge of the Plaintiffs' project when you were not present and state the dates on which this individual was at the Plaintiffs' home/property from May 1, 2001, through August 1, 2001. 12 ___~ ~~ ~ ~ ~ ~ 1 1 10. State whether you claim you completed the work on the Plaintiffs' home on or before June 13, 2001. If your answer to this interrogatory is no, state the reasons you claim you did not complete the work on the Plaintiffs' home on or before June 13, 2001. ANSV6'ER: 13 t w . ,. 11. State the date on which you last performed work on the Plaintiffs' home and what work you completed on that date. 14 ~- .. , , ~ . ~ a i , 12. As of the date on which you last performed work on the Plaintiffs' home, identify each and.every item of work in the contract which remained incomplete. For each such item state the following: a. The description and value of each item of work which you had not yet completed as of the last date of your work; ANSWER: 15 i ~ -, ~ ~ ' j 13. Identify all individuals you claim performed any and all plumbing work on the Plaintiffs' home. For each such individual state the following: a. Whether the individual(s) is a licensed plumber; b. Any and all schools, certification or education for each person who performed plumbing work on the Plaintiffs' home. ANSWER: 16 ~~t ~ .. ~ , , 14. Do you claim that the Plaintiffs delayed or interfered with your ability to perform the work under the contract in a timely manner. If your answer to this interrogatory is yes, state a. The number of days you claim the Plaintiffs delayed or interfered with your work; b. Identify each item of work you claim the Plaintiffs interfered with or delayed; c. Identify each and every notice that you provided to the Plaintiffs indicating that they were delaying or interfering with your work; d. Identify each and every individual who will testify that the Plaintiffs delayed and/or interfered with your ability to perform your work. 17 r ,. 15. Witnesses. a. Identify each person who has lmowledge of facts concerning the claims and defenses set forth in the Complaint and Answer thereto. ANSWER: 18 . 16. Trial witnesses. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state your relationship with the witness and the substance of the facts to which the witness is expected to testify. 19 17. Expert witnesses. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: a. The subject matter about which the expert is expected to testify; and b. The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) Respectfully submi REAGER - ,' R 4 Date: January 9, 2002 ~ Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Mazket Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiffs 20 ~_ . . ..~. ,r3 r ~ ., , AND NOW, this 9~` day of January, 2002, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Steven P. Miner, Esquire David H. Martineau, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs v, SCOTT BEERS, t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 CIVIL ACTION ORDER AND NOW, this 17 ~ day of y~.lv , 200&~upon consideration of the Petition for Leave to Withdraw by Petitioner, Metzger, Wickersham, Knauss & Erb, P.C., it is hereby ordered and decreed that the Petition is granted and that Petitioner, Metzger, Wickersham, Knauss & Erb, P.C., is hereby given permission to withdraw as counsel for the Defendant, Scott Beers, t/d/b/a Hoss's Remodeling, in the above matter. ~ BY THE COURT: lSl , .~~,.~ /L~~ . , - J. Bras ,.,,,,. 040 pT~°.u$~4"s3Ct5}'~i~,~"~`~'zs,t. E z.x.:' •,.'"~`t'.i; q'tt? ±~i'~~ o6e`~~~ Thos. a ~ _u~~ ~ '~ ~.2voz e~ /~. 'Ytn,BO.. , Protho6~ ~ nnn.MOn, u~ z~n, r s r ~~..m _~ ils .. ,_~ N ~ ~ ~, w , .... AND NOW, this 5~' day of April, 2002, I hereby verify that I have caused a true and correct copy of the foregoing Motion to Compel to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5~' Street Harrisburg, PA 17110 ~ /// l/ THOMAS O. WILLIAMS, ESQUIRE ,,,,m., ie ~ -nroa~.~E.:AWBiF{RE35itdi~a~F.#A9f uSCv`~r;~ « ..m _....r M r.w M e .. u, .. w ,. ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this 12'` day of April, 2002, I hereby verify that I have caused a true and correct copy of the Rule attached hereto as Exhibit "A" to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Scott Beers t/d!b/a Hoss's Remodeling 2508 North 5`~ Street Harrisburg, PA 17110 O. WII,LIAMS, ESQUIltE V ' y' ~ APR ®9 200~~ ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant CIVIL ACTION BIiI.H AND NOW, this ~ day of , 2002, a Rule is issued upon Defendant, Scott Beers t/d/b/a Hoss's Rem~od`elTing two show cause why the relief reqguested in 9e~U ~ C e o t,we~E (.2D) Plaintiff's Motion to Compel should not be granted. Rule returnable within days of~tlie dalc of this Order. 7" U ~~ FROM RE~~~~ ifi f~ 'r~~~ ~+herao ,there nto set my ham1, ~Rd uai ®# seid~our~ artiste, t~ EXHIBIT "A" K:..' i .~ G. rya .U . te ~ , ~ r ,,- :- =r:t ~v -J `~,, ~ r' "< <'. ~ t ~ __~ ~j .;-1-t ~ ~~ T ~17 ~ ~"~_ iV ~ ;~rri =:~ 'n °T cs~ .~ _.. __ . ~~ ERIC LANGE and VICKI LANGE, IN THE COURT OF COMMON PLEAS husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO.: 2001-5453 v. SCOTT BEERS t/d/b/a HOSS'S :CIVIL ACTION REMODELING, Defendant ORDER AND NOW, this ~" day of ~'hF}y , 2002, it is hereby Ordered that Plaintiff Eric Lange and Vicki Lange's Petition to Make the Rule dated April 10, 2002, Absolute is hereby granted It is further Ordered that Defendant, Scott Beers t/d/b/a Hoss's Remodeling, pay to the Plaintiffs' the sum of $520.00 for costs and fees in preparing and pursuing Plaintiffs' Motion to Compel. It is further Ordered that Defendant will be precluded from offering/presenting evidence of any kind regarding information or documents which are the subject of Plaintiffs' discovery requests propounded upon the Defendant. ,~, ~~ ~- ~.~ ~'~9~0 ~ ,8.~f'. By the Court. :4~i'+JB iffi5:S3YFll ie ei~MQ .=„a:..i'1`33'dS2~hY4'2{Ibm'fL"b?un{4Y ! .:l>!.: a ..r{1+s3:.frffi.'SS.91}k+5~' ~Iffi'.L..! •~. •-••-. &3[rlo^:v5vs6'i~uB&`SYBRYSb1YYiAL18~'69~111 '.: "1~~f~n t ... .. ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant CIVIL ACTION PLAINTIF'FS' PETITION TO MAKE RULE ABSOLUTE AND NOW, come Petitioners, Eric Lange and Vicki Lange, by and through their attorneys, Reager & Adler, P.C., and respectfully petitions this Honorable Court to make the Rule to Show Cause issued by this Honorable Court absolute and in support thereof avers the following: 1, Petitioners filed a Motion to Compel Answers to Interrogatories and Requests for Productions of Documents on or about Apri14, 2002. 2, Pursuant to the aforesaid Motion to Compel the Honorable Kevin A. Hess issued a Rule dated April 1Q 2002, upon Defendant Scott Beers t/d/b/a Hoss's Remodeling to show cause why the relief requested in the Plaintiffs' Motion to Compel should not be granted. The Rule was returnable twenty (20) days from the date of service of the Rule. A true and correct copy of the aforesaid Rule is attached hereto as Exhibit "A" 4. Plaintiffs served Defendant Scott Beers t/d/b/a Hoss's Remodeling with the Rule to Show Cause on April 12, 2002, by first class mail. A true and correct copy of the Certificate of Service indicating service upon the Defendant is attached hereto as Exhibit "B". 5. More than twenty (20) days have passed since the day on which the Defendant was served with the Rule to Show Cause and the Defendant has failed to file a response to the Rule to Show Cause. WHEREFORE, Petitioners/Plaintiffs, Eric Lange and Vicki Lange, respectfully request this Honorable Court to make its Rule Absolute and to enter an Order consistent with the Order attached to this Petition. Respectfully sub~}tt~ed,,~ REALER & 1~~Ith'.C. Date: May 3, 2002 Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Petitioners/Plaintiffs 2 EXHIBIT "A" APR o 9 zooz~ ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVII, ACTION ~RiTi.F. AND NOW, this ~ day of , /~~~t I , , 2002, a Rule is issued upon Defendant, Scott Beers t/d/b/a Hoss's Remodeling to show cause why the relief requested in 9erUi c ~ o ~e~SE C 2~~ Plaintiff's Motion to Compel should not be granted. Rule returnable within~e9j days of~t~e tfiatc of this Order. TRUE C~F'Y FR~~A RE~~~~1 IH fitt '~o~ aarherasff, t here O4nto set my hand, gad tool of taid,tour~ ~parfisie,.isa. ; k n EXHIBIT "B" ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO:: 2001-5453 CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this 12h day of April, 2002, I hereby verify that'I have caused a true and correct copy of the Rule attached hereto as Exhibit "A" to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5°i Street Harrisburg, PA 17110 O. WII,LIANIS, ESQUIRE ~ ~ o ~~ v ~ ~, ~ ~ -~, m ~ ?i~ ~~ 'T3 ~ 'C ~-ii ~~ ~'lt y, C rV O' L ~~ ,~_ ~ , ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs APR ®' e 200~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2002-5453 v. SCOTT BEERS dd/b/a HOSS'S REMODELING, Defendant CIVIL ACTION ~R TT,F,\ AND NOW, this ~ day of /I i~ R, 1 , 2002, a Rule is issued upon Defendant, Scott Beers t/d/b/a Hoss's Remodeling to show cause why the relief re uested in 9erV ~ C e o ~" Plaintiff's Motion to Compel should not be granted. Rule returnable witt ~ , Aj days of~z~e dahc of this Order. ~ ~ Ifi i~ '~®rr}~ v~ eel ~ seal ~' ~R~M R~°~&3~~ there nto.se# ~r-y hand, EXIIIBIT "A" ~,.~. ~ . _ . d _ .. CERTIFICATE OF SERVICE ANIY NOW, this 3`a day of May, 2002, I hereby verify that I have caused a true and correct copy of the foregoing Petition to Make Rule Absolute to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5`" Street Harrisburg, PA 17110 - --~ - E ~ - ~;~ ~~ ; _- _ -~« - _ _ `> ~;, ~~~: _~ ~=' _~ - y ~5 ~~,' ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this 10~' day of May, 2002, I hereby verify that I have caused a true and correct copy of the attached Order to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5`s Street Harrisburg, PA 17110 Attorneys for Plaintiffs Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 ,~ ~ ~` CRY fi ? 7D(Ir ERIC LANCE and VICKI LANCE, husband and wife, Plaintiffs v. SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVIL ACTION ORDER AND NOW, this ~ day of ~~ , 2002, it is hereby Ordered that Plaintiff Eric Lange and Vicki Lange's Petition to Make the Rule dated April 10, 2002, Absolute is hereby granted It is further Ordered that Defendant, Scott Beers t/d/b/a Hoss's Remodeling, pay to the Plaintiffs' the sum of $520.00 for costs and fees in preparing and pursuing Plaintiffs' Motion to Compel. It is further Ordered that Defendant will be precluded from offering/presenting evidence of any kind regarding information or documents which are the subject of Plaintiffs' discovery requests propounded upon the Defendant. 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