HomeMy WebLinkAbout01-06186
f{
;"'" "'_,i? '
~
.
GROFF TRACTOR & EQUIPMENT, INC.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 01 -l.e.J;>&' Q,uL J~
FIVE-R-EXCA V ATING, INC.,
PATHFINDER SOLUTIONS, LTD, and
DONALD M. OLMES a/k/a RUSTY
OLMES, Individually,
Defendants
CIVIL ACTION - LAW
PRAECIPE FOR WRIT OF SUMMONS
To: Prothonotary
Issue a Writ of Summons in Civil Action - Law on behalf of the Plaintiff Groff Tractor
& Equipment, Inc., 6779 Carlisle Pike, Mechanicsburg, P A 17055, and against Defendants
Five-R-Excavating, Inc., Off Route 711 South, New Florence, P A; Pathfinder Solutions, Ltd.,
16 Linn Farm Road, Canonsburg, PA; and Donald M. OImes aIkIa Rusty OImes, 16 Linn Farm
Road, Canonsburg, P A.
McNEES WALLACE & NURICK LLC
By G<o~cf:,-~
Roy C. Fazio
J.D. No, 86994
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
Date: October 25, 2001
Attorneys for Plaintiff
, ~>'-A~ '__7'.! '^ -,,-'
:_,"'-?';'--I~!!h"-'-- ~-.", __0
~ 'n_
-~
I - .~'""
O'^_." ,~_, _^' ~
'1Il1i.1
~
~ () (") C")
C
'l ~ -lQ.. ?
-D7;"" Q
.t: !llb~: r)
2"" -.....!
Crt \) 2,
E!J}_. 1"\.)
- CJ r.::~:, t.O
~, C) 8 vt :-... c. ~ " 1;)
~ ~ ~ ~c -'om
(); p:Ci ~o-b.
"- I C ';-;..1
~ -7
C3 ~~ oC_..
" ~ ::::>
"--Z <::>
!21-'
'---<.. ..:r-:...
~J,~,.,.,
""',.."...,,..,...."'......"'...,.....,...',...
..,"",....,'~'.."...,'".y.
".'- ,- 'i'~- ,;,,!.\{ ?:'_:"/ "_rtZ::',f"_:Bi~ i};f{'-:;"i!'",;"..,-"-f:~" ., ~- f~-'
".If,-"""
,Jl:iW'-~,"~,
---_" ",,".,,- ':"~_"",J,';l!!'__f
"".1'
'~~'''~~',i,![;
)5
SHERIFF'S RETURN - OUT OF COUNTY
CASE'NO: 2001-06186 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GROFF TRACTOR & EQUIPMENT INC
VS
FIVE-R-EXCAVATING INC ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
FIVE R EXCAVATING INC
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of WESTMORELAND
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On December 27th, 2001 , this office was in receipt of the
attached return from WESTMORELAND
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Westmoreland
18.00
9,00
10,00
48,90
.00
85.90
12/27/2001
MCNEES WALLACE
So answ,ee.~ /~. ./,,/' .,../:::~~
~/~~//"/- - / <'
----.. /"
"-----".,/. ~
R. Thomas Kline
Sheriff of Cumberland County
NURICK
Sworn and subscribed to before me
this ;l./'<Al day OfC)u,,,,;
},tmJ..., A,D.
~ {J '/1A.-/J;<.J .rM2'
rothonotary 7
'''~'''~.''"''~Ulll~", ,,_, "- ,. ''''"''.
.~-
6'
SHERIFF'S RETURN - OUT OF COUNTY
CAS8 NO: 2001-06186 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GROFF TRACTOR & EQUIPMENT INC
VS
FIVE-R-EXCAVATING INC ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
PATHFINDER SOLUTIONS LTD
but was unable to locate Them
in his bailiwick, He therefore
deputized the sheriff of WASHINGTON
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On December 27th, 2001 , this office was in receipt of the
attached return from WASHINGTON
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Washington Co
6.00
9.00
10.00
54.50
.00
79,50
12/27/2001
MCNEES WALLACE
So an,ss..ww~e, .: ~. ~"'...---~
~~./;/ ~:::::// ~>/---
~ ~~./
~,
R, Thomas KTlne
Sheriff of Cumberland County
NURICK
Sworn and subscribed to before me
this d~ day of (j'''..7
J~.A.D.
~_<~ () ~fe-..; h~~
Prothonotaty
'--'~'!l"~",~~_
1"
'"I
Ie
~ .
--~
,.=---.
,~"'"""...
~~:Jt1-
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-06186 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GROFF TRACTOR & EQUIPMENT INC
VS
FIVE-R-EXCAVATING INC ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
OLMES DONALD M A/K/A RUSTY
OLMES
but was unable to locate Him
in his bailiwick, He therefore
deputized the sheriff of WASHINGTON
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On December 27th, 2001 , this office was in receipt of the
attached return from WASHINGTON
~'
--~.
Sheriff's Costs: So answer
Docketing 6,00
Out of County .00
Surcharge 10,00
,00
.00
16.00
12/27/2001
MCNEES WALLACE NURICK
)
County
Sworn and subscribed to before me
this ~ day ofCfll"h'J
~;L- A.D.
n.",-,-, (J /MLULA) J f"1?
~prothonotary ,
'q'!:;;il:-~~" ,"
.'j-" -r""'~
~~.."..,
.~-~ "~,~
~~. '" ~-, I
,
-
l"
"
. In The Court of Common Pleas Of Cumberland County, Pennsylvania
10, ~,\p...
PAGE r&:J.V
DATE /1-/3,0 I
RECEIPT 1(J'J.,frlB
Groff Tractor & Equipment, Inc.
VS.
Five-R-Excavating, Inc et al
same
No.
01
6186 civil
SERVE :
Now, November 2
,20~, I, SHERlFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of Westmoreland
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff.
, ~~~--<!~~
SERVE: FIVE-R-EXCAVATING . . . I:'
RD 1 BOX 387 (OFF RTE 711 SOUTH) SheriffofClunberlandCounty, PA
NEW FLORENCE. PA
LD TS: It 2tf<J
Now,
IV d u, ;)7
Affidavit of Service
, 20!!.l-, at 2:-v1c o'clock (J M. served the
within
upon
at
byhandingto r~ G//?.so-w (OR/~e V14G/t)
a
copy of the original
and made known to
the contents thereof.
So answers,
~~.'^
Sworn ,and sUbscr~efore
e this1!!:: day of N.VY\ her20 R
COSTS
SERV1CE
MILEAGE
AFFIDA VIT
$
Notarlel Seal
G Mlltilyn J. ~k. Nolaly Public
M~~ ,,-~nd CoUfI\Y
......m Mar. 8, 2004
II l/t 90
$
, :%.,-,\, ~
.;
,
."
SHERIFF'S DEPARTMENT
WASHINGTON COUNTY, PENNSYLVANIA
COURTHOUSE SQUARE, SUITE 101. WASHINGTON, PA 15301
724,228,6840 DATE
11-6-01
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS: Please fill out a separate form for each defendant. Type or
print legibly, insuring readability of all copies. Do not detach any copies.
PLAINTIFF f S f
GROFF TRACIDR & IDJIPMENI' INC.
DEFENDANT f S f
FIVE-R-EXCAVATING INC. et al
COURT NUMBER OF WRIT OR COMPLAINT
01-6186 (CUMBERLAND roo \
TYPE OF WRIT OR COMPLAINT SUMMONS, REQUEST
FOR PROD.OF IXJCUMENrS & INTERroGATOR:
SERVE
-
AT
NAME OF INDlVlOUAL, COMPANY. CORPORATION, ETC., TO SERVICE OR OESCRIPTION OF PROPERTY TO BE LEVIEO. ATTACHED OR SOLD
{
PATHFINDER SOLUTIONS LTD.
ADDRESS (Street or RFO, Apartment No., City, Bora, Twp., State and Zip.)
16 LINN FARM ROAD
CANONSBURG,PA 15317
INDICAT~ TYPE OF SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 REG. MAIL 0 POSTED 0 OTHER 0 LEVY 0 SEIZED & STORE
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE. Expiration/Hearing Date
11-28-Q1
NOTE ottLY APPLICABLE ON WRIT OF EXE.CUTION: tt8. WAIVER OF WATCHMAtI- An~ deputj s\ieli~ levii\19 Ilpoll 01 ellacr.\Ilg an~ properly Ilnder wilhin 'mil ffi<ly leme seme wllOOlll a wa\c\lmen, iI\ clls\cdy ol wliommef is IOl.lf'Jd 11'1
possession, afternotilying person of tevy or attachmenl, w~h olJlliability on Ihe pari of such deputy orlhe sheriH to any plainliH herein lor any loss, deslructionor removal of any such property belore sheriff's sale thereof
SIGNATURE of A TIORNEY or other ORIGINATOR requesting servll.t'hpn behalf of
49\PLAINTIFF
MdJEES, WALLACE & NURICK 0 DEFENDANT
ADDRESS
TELEPHONE NUMBER
I her'JII)l... CERTIFY and RETURN that on the 7 day of (VOy'
(u ;g r O'CI~.M.~~;SS A~ Address Below, County of Washington, Pennsylvania
I have served in the manner Described below:
o Defendant(s) personally served.
o Adult family member with whom said Defendant(s) reside(s). Relationship is
o Adult in charge of Defendant's residence who refused to give name or relationship.
o Manager I Clerk of place of lodging in which Defendant(s) reside(s).
~gent or person in charge 01 Delendant(s) office or usual place of business. U..
/~ ~ther IV
,20 0 J
. at
o lVVlU.
~(1
-
o Property Posted
o Deputize
o Cert. Mail 0 Levy Made 0 Reg. Mail
Defendant not found because: 0 Moved 0 Unknown 0 No Answer 0 Vacant 0 Other
Now, 20._. i, SHERIFF OF WASHINGTON COUNTY, PA. do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according to law.
This deputation being made at the request and risk of the plaintiff.
Check Number
Check Number
Notary PlJbtic $
$
SHERIFF OF WASHINGTON COUNTY
Advance
$ 75.00
Invoice
80563-01
Docket
20
County Costs $
Page
474
AFFIRMED and subscribed to before me this
7
. Print or Type.)
L
rrrv
Date
Date
J }-7 "'0
SHERIFF OF WASHINGTON COUNTY
MY COMMISSiON EXPIRES
I ACKNOWLEDGE RE IPT gjli~~.!ll4&lI"'!!tJRWrollI'P9lGNA URE
OF AUTHORIZED ISSU N~~~il1gtOO. Counl~, PA
Date Received
THONOT ARY
""'~'('~~""~"-,"~""";~~O~;'P4'illl'f!~_'T~_(it.~1'l""'lli"""""!r,*l!!jr~~~W;~J~~_I'>!"""'W--r_""~_."'''''"'''''="~.~;''''_~l''I_''''''''''"",",'~''''''''''''''''~,,",,,,,",~~'=~'"""''''''--O:~~~''''4!!W'1f.~~;;wr.
SHERIFF'S DEPARTMENT
WASHINGTON COUNTY, PENNSYLVANIA
COURTHOUSE SQUARE. SUITE 101, WASHINGTON, PA 15301
724,228'5840 DATE
11-6-01
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS: Please fill out a separate form for each defendant. Type or
print legibly, insuring readability of all copies. Do not detach any copies.
COURT NUMBER OF WRIT OR COMPLAINT
01-6186 (CUMBERLAND CO.)
TYPE OF WRIT OR COMPLAINT SUMMJNS. REQUEST
FOR PROD.OF IXJCUMENTS. INTERROGA'IORI
PLAINTIFF I S I
GROFF TRACI'OR & muIPMENr IN:.
OEFENOANT I S I
FIVE-R-EXCAVATING INC. et a1
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIEO, ATTACHED OR SOLD
SERVE
-
AT
{
OONALD M. OIMES a/k/a RUSTY OIMES
ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and Zip.)
c/o PATHFINDER S)LUTIONS LTD. 16 LINN FARM ROAD
CANONSBURG. PA 15317
INDICATE TYPE OF SERVICE, 0 PERSONAL 0 PEASON IN CHARGE 0 DEPUTIZE 0 CERT. MAllO REG. MAllO POSTED 0 OTHER 0 LEVY 0 SEIZED & STORE
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Expiration/Hearing Dale
11-28-01
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sherifllevying upon or allachlng any property under within wrij may leave same wilhou1 a watchman, in custody of whomever is found in
possession, after notifying person of levyorauachmenl,with out liab ililyon the part of such deputy or the sheriff 10 any plaintiff herein for any loss,deslluction or remOllal of any such prC'perty before sheriffs sale thereof.
SIGNAnJRE of ATIORNEY or other ORIGINATOR requesting service on behalf of
}c{pLAINTIFF
o DEFENDANT
ADDRESS
TELEPHONE NUMBER
MdJEES. WALLACE & NURICK
I hereby CERTIFY and RETURN that on the 7 day of tVOv
./0 3-S- o'cl~ p.~ve ~dress Below, County of Washington, Pennsylvania
I ha,%d in the manner Described below:
/;:; ~~endant(S) personally served.
o Adult family member with whom said Defendant(s) reside(s). Relationship is
o Adult in charge of Defendant's residence who refused to give name or relationship.
o Manager I Clerk of place of lodging in which Defendant(s) reside(s).
o Agent or person in charge of Defendant(s) office or usual place of business.
o Other
o Property Posted
o Deputize
o Cert. Mail 0 Levy Made 0 Reg. Mail
Defendant not found because: 0 Moved 0 Unknown 0 No Answer 0 Vacant 0 Other
.20 1"'>/ ,at
Now, 20 _ . I, SHERIFF OF WASHINGTON COUNTY, PA. do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according to law.
This deputation being made at the request and risk of the plaintiff.
Notary public $
$
Check Number
Check Number
Invoice Docket
SHERIFF OF WASHINGTON COUNTY
Advance
$
County Costs $
Page
Total Costs
$
Costs Due
$
REFUND
$
,__'~",-;;,"'~.."..J<D~Jr.,m;,:: ,'-".-:: .~
Date
-0 J
- 01
MY COMMISSION EXPIRES
.....:.1: Sea!
.. ' .) ,.(. -' ota Public;
F ~~~Fli"e~i G!t)!QIX...F.A.
_~I)\N!'J~ire~p'li1'l!~2ti5l!'
SHERIFF OF WASHINGTON COUNTY
I ACKNOWLEDGE RECEIPT
OF AUTHORIZED ISSUING A
Date Received
PROTHONOTARY
->-'<'. "--<"'""~>IWJ''''''''_A'''"".wr''","'''~''''3Mff''Pi''''~'f;~'"~~'~'r'--''''''''~p'''''r'~-<"'"'''~~~''''''-
<.-''"=r'''''''.'''"'.......,.r.''''''.'.-~.,."'~'",.~"'''''....H~1''''~~,','='"'".P1"=~~"'~.""'-""""',"""'..''''''~O~''''~,-..,-~_'~',.,''''';n'''''"='"'_'I_-'','"Wl"'~
In. The Court of Common Pleas of Cumberland County, Pennsylvania
Groff Tractor & Equipnent, Inc.
VS.
Five-R-Excavating, Inc et al
Pathfinder Solutions Ltd. N
o.
01
6186 civil
SERVE:
Now, November 2
, 20 ~ I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Washington
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
.~~,~e~~
Sheriff of Cum berland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
copy of the original
a
and made known to
the contents thereof.
So answers,
Sheriff of
COUllty, PA
Sworn cmd subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
MFIDA VIT
$
$
h,,-~~_
='1""l'
1- "="'r
,,,"
~ 1
.
I~ The Court of Common Pleas of Cumberland County, Pennsylvania
Groff Tractor & Equipnent, Inc.
VS.
Five-R-Excavating, Inc et al
SERVE: 01
Donald M. Olmes a/k/a, Rusty Olm~o.
6186 civil
Now, November 2
, 20~, I, SHERlFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Washington
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
. ,~~~lt~
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
copy of the original
a
and made [mown to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDA VIT
$
$
,".",~'j'_1"""'IW.' lI.~~ " " .."_~"",,,.
1", I . '1,
-
~~~~~.~.,,~~""I."""!!I!'_~I'"W
]i).
o
o
M
::;c
~
In
I
>-
<::>
z
=
=
""
,11II1.
~
w(f
~>-,
'--'--!-
c52:'
9~~
(/)2
:r:
'"
~
"..
.
~_"""'l""',:",
r,
.-,
'''''~''_,,"V_''''_~"_''''''-iC'_''':,",-.(, '
~ "''''''~~''"''''r
0"1""''''''
:~iW-lejpW,$"
. -,,-.-*-"
"'"'.'''''0k''' .
.......', '"I".i
~1~iif"':",,~,'c-?'1',"''''..
~fIJ~,~"y,___, _
:8'"P"!"'"~~'7'1!f'"~;itJj_,_,:",
~~q~0
'"
GROFF TRACTOR
& EQUIPMENT, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
FIVE-R-EXCA V ATING,
INC., PATHFINDER
SOLUTIONS, LTD., and
DONALD M, OLMES,
a/kIa RUSTY OLMES,
Individually,
Defendants
NO. 01-6186 CIVIL TERM
ORDER OF COURT
AND NOW, this 4th day of February, 2002, upon consideration of Plaintiffs
Motion To Compel Discovery Against Defendants Pathfinder Solutions, Ltd. and Donald
M. Olmes, Individually, a Rule is hereby issued upon Defendants to show cause why the
relief requested should not be granted,
RULE RETURNABLE within 20 days of service.
BY THE COURT,
~ C. Fazio, Esq.
Diane M. Tokarsky, Esq.
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
Attorneys for Plaintiff
)
L ~ o.jj
02o0Q-oJ..1 iV<.S
--%~ iT,_ "" _ /_,.1"'~?,!'\'-_,' ,;"'.....,"" '_n" .'""!""'j- ,,' _ I
-, -
~,
v
~~~'%ili:>~iimrtcWc~.d;"u~"i'f;jl>jtlli~'t",-~~J;j:iiBH;i1i'~,,'~'~','M~'ii~,.M,,;1.-~4.;,,,,,':~?~:,",,..,'M~i~i:ll~t;t~il!.' "'~,w.'"
."""'-'1J 'j' r ,,,-,n.., . 0 s~~",,' ~.iIi&i:ililili1
---
~'..
,,(~
n" "',-..1
f....," ..
,,~,..~\
'(II
"'\") ....\\ '",,\'{
...,") ~\..\) _ (,c~jt....
\ \'j...- , \. '. ,,)_1
~ . ,,):',J~"J\j~~\'.
c:.\)ij~S~"~S'(\:
,~JJl..,J1,_'~"'.A''',m-'>:'''_''''''"",e.__'' ~,'~~~. =~. _'__" ~ --, " .,
"
,
,." ,~,
,
kl Yablonski, Esq.
1300 Oliver Building
535 Smithfield Street
Pittsburgh, PA 15222-2304
Attorney for Defendant
Five-R-Excavating, Inc.
~hfinder Solutions, Ltd,
16 Linn Farm Road
Canonsburg, PA 15317
De dant, Pro Se
Donald M. Olmes
a/kJa Rusty Olmes
16 Linn Farm Road
Canonsburg, PA 15317
Defendant, Pro Se
:rc
"f.'4i\""~"!',-li_:ml
. ~ " -',-._<~"_",::: l1f?-._" ",,! _', ~1_,'-"
" - ~.
~ u'_ ~
,- - ,-~.-
"
, .
~,-
-'
,tIDfe ~ N~r
'.
'"
.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6186
GROFF TRACTOR & EQUIPMENT, INC.,
v.
CIVIL ACTION - LAW
FIVE-R-EXCAVATING,INC..,
PATHFINDER SOLUTIONS, LTD. and
DONALD M. OLMES a/k/a RUSTY
OLMES, Individually,
Defendants
ORDER
AND NOW, this
day of
, 2002, upon consideration of
Plaintiff's Motion to Compel Discovery, it is hereby ORDERED that Defendants Pathfinder
Solutions, Ltd, and Donald M, Olmes a/k/a Rusty Olmes, Individually provide full and
complete responses to Plaintiff's Interrogatories and Request for Production of Documents
within twenty (20) days from the date of this Order.
Failure to comply with this Order will result in sanctions being imposed against
Defendants as directed by this Court pursuant to Pa. R. Civ. P. 4019 and the imposition of
counsel fees and costs related to this Motion.
BY THE COURT:
J.
i"i
::;
l":~?:~ ~,' , , -^c -"-~--'!d;tr _~tC'1'f"-:;f-<: ,'~"~-,~_~~_:" '>'.]'::'~:;, ~:,~,,~~,I~II!"'~"(~'~'~!k- j ;>::.- -' ._, ". '.''' ,'," '.>" '''''. ~~, ,t-. -:". c'.,., .~f,," ,p
O'-T-.~_F__' ,," ;',,-- , " ,"."'" ~-". n~:'_'_ ::_O:-I~T_, ~:'>~'~"",,1:--"'f'_.f'_ -'~;-
~r- ,"!~'
~,
=--
-. - "".~_ -'~ ,,~ -'''. __ _~,_ ,'c"''-
.,--
?,"y'
b'"";<
'-~-':'''\'': . ,
',--
-"-",',~,_",,-w
_.,M.2",,_,,-__""_'~'>~'_ .
-
- - ", ~,,;)'~~~('~_ ,r.
.,., " "r17".-- -'"','.' ,," J-
1I1l1i'1
~
-".
,- ..."> e_''''',,,::_,;,.~,:~,,;;_
""'---'I-:;1'iij'i
rl'<:'- ~'J~liWmY- )lC
,J
.'
"
l:
~s
I;:
i:,-
"
r:
I,
r
~_ ~~_;!f~5;~
L
..
" ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6186
GROFF TRACTOR & EQUIPMENT, INC.,
v.
FIVE-R-EXCAVATING, INC..,
PATHFINDER SOLUTIONS, LTD. and
DONALD M. OLMES a/kla RUSTY
OLMES, Individually,
CIVIL ACTION - LAW
\
Defendants
PLAINTIFF'S MOTION TO COMPEL DISCOVERY AGAINST
DEFENDANTS PATHFINDER SOLUTIONS, L TO. AND
DONALD M. OLMES, INDIVIDUALLY
Plaintiff, Groff Tractor & Equipment, Inc., by and through its attorneys, McNees,
Wallace & Nurick LLC, moves this Court to compel discovery. In support of its Motion,
Plaintiff states the following:
1, Plaintiff, Groff Tractor & Equipment Co., Inc. ("Groff") initiated this action by
filing a Writ of Summons against Defendants, Five-R-Excavating, Inc" Pathfinder Solutions,
Ltd. ("Pathfinder") and Donald M. Olmes a/kla Rusty Olmes ("Olmes") on October 21, 2001.
(A true and correct copy of the Writ of Summons is attached hereto as Exhibit "A.")
(1"
2
On November 7, 2001, Defendants Pathfinder and Groff were served with
Requests for Production of Documents and Interrogatories, (True and correct copies of
these discovery requests are attached hereto as Exhibit "8.")
3, Defendants Pathfinder's and Groff's responses to Plaintiff's discovery
requests were due on or about December 10, 2001.
4. On December 12, 2001, Plaintiff mailed a letter to Defendants Pathfinder and
Groff requesting responses to pre-complaint discovery, and Defendants failed to respond.
(A copy of the December 12, 2001 letter is attached hereto as Exhibit "C.")
.".>~, ."', '-'>t-:-~~" _y;" -_",'7-,~,,' ''0; >""_"~!'_'~'''':o'~,~:'"':,_~'''":-Z'''':'F?_<i,<'_7;_)7ph_;_,,_~n,_ _c- ~-""'~~_'7_-r=_O,:., ,';""'J"~'"""'"<'~"~":'--- . -,,~ '"--'-_7'-""_":"''''"_''"'~_'' ,_, ,'1'<_"'<' ,,1':'gN, ",.,-,. '..' ,.,_ "__~_~"'." _,_, .7. + .~, _~, _ ..,<",_,_ . ,~'.
. ,
,
-
r '
5, By letter dated January 11, 2002, Plaintiff advised Defendants Pathfinder and
Groff, as well as Attorney Michael McGreal, who in good faith is believed to be counsel for
Defendant Pathfinder Solutions, that responses to the outstanding discovery requests were
overdue and stated that if Defendants failed to serve full and complete answers by January
21, 2002, a Motion to Compel would be filed. Defendants Pathfinder and Groff, as well as
Attorney McGreal, failed to respond to Plaintiff's letter of January 11, 2002,1 (A copy of the
January 11, 2002 letter is attached hereto as Exhibit "0.")
6. Plaintiff received no responses to its correspondence of December 12,2001
and January 11, 2002.
7, To date, Defendants Pathfinder and Olmes have served no responses to
Plaintiff's pre-complaint discovery requests.
8, Defendant is in violation of Pa. R. Civ. P. 4006(a)(2) and 4009.12(a) by failing
to respond or object to the Discovery requests within thirty (30) days.
9. The Court has the authority, pursuant to Pa. R. Civ. p, 4019(a)(1)(i) and (vii),
and Pa. R. Civ. P. 4019(c)(5) to compel Defendants' responses to Plaintiff's discovery
requests.
WHEREFORE, Plaintiff respectfully requests that the Court enter an Order directing
that Defendants respond fully and completely to Plaintiff's discovery requests within the
deadline established by this Court, and providing that if either of the Defendants fails to
1 The firm of Bunson & Stevenson called Groff's counsel and stated that Attorney
McGreal was no longer associated with the firm and provided Groff's counsel with a
phone number for Attorney McGreal. However, Attorney McGreal failed to respond to a
telephone message left by Groff's counsel.
rr~'"""''''' ~': ,'> ; :'---:':;',;:.-?~;t':>~:'>'.;T~:'~'R>-;;:'>--"_J'/';';~<'<~--;' . ;""""':SL ':- ~_"-"(""t' ". ':;~': _;':.,:.., .,''""c' _,~,_ ~_",""",__,",,_5',T',<> c-__~~, _.J""'"'' -
<0, '.,,'i ^~_ '--;c_' ,"""<.0 <_ "S-L"'"^'-,-_,_~y.y",- '---'-"~1<-!;'__'-'_." ., ,-.""_r,~,,,-_x:,,, .
;.'
, ,
,
. .
comply with the Court's Order, each Defendant shall be subject to appropriate sanctions,
pursuant to Pa. R. Civ, P. 4019, and the imposition of counsel fees and costs related to this
Motion.
MCNEES WALLACE AND NURICK LLC
WD~ C \:;)
By:
Roy C. Fazio, Esquire
Attorney 1.0. No. 86994
Diane M. Tokarsky, Esquire
Attorney I.D. No. 44369
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
Attorneys for Pl?intiff,
Groff Tractor & Equipment, Inc,
Dated: January 23, 2002
!\i] ""~', c ".~, '-'!-<~;::'-.::~:::~:7'~Vr_0F-'" ""'_7_":"''I'-""_".;"-O,.~,,c CI _"rK" - --'r_'.!_ ,q't-L',,_,,_'>.- ""__"-:<'" c- ~_._ . ~_ __r' __ ",~,' ~ " ~ _
," "_,~, ~-"..n-<r,',,-?~,'_"'_ <", _"_1P'~__',"~ >q~_ _~~_ '. -~,,~, ,r'_~>__-,,,~,,__'''''''_~
i:-
1 '~\ .r-'
.-"-,~ "..
.~ :)i'
"
GROFF TRACTOR & EQUIPMENT, INC.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. Ol-{../Pp (!;o~l ~~
FIVE-R-EXCA V ATING, INC"
PATHFINDER SOLUTIONS, LID. and
DONALD M. OLMES a/k/a RUSTY
OLMES, Individually,
Defendants
CIVIL ACTION - LAW
C) c.:,
c:
::;--"
PRAECIPE FOR WRIT OF SUMMONS ,,'~:::J
3! cr,: ::~
63 ~~~: t'.~)
;:$,;,L, '-,4:1
To: Prothonotary ');:::::' 0',
2:'
j;;C
~ ';:-' L~
Issue a Writ of Summons in Civil Action - Law on behalf of the PlaintitiGroiErrai!or
& Equipment, Inc., 6779 Carlisle Pike, Mechanicsburg, P A 17055, and against Defendants
Five-R-Excavating, Inc., Off Route 711 South, New Florence, P A; Pathfmder Solntions, Ltd.,
16 Linn Farm Road, Canonsburg, PA; and Donald M. GImes aJk/a Rnsty GImes, 16 Linn Farm
Road, Canonsburg, P A.
McNEES WALLACE & NURICK LLC
By G<o~cf:~;0
Roy C, Fazio
I.D, No. 86994
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
Date: October 25, 2001
Attorneys for Plaintiff
-*'~~'''''''"'''"''_''r' ,-'c'.....,'"',
I"
- -, ~
~
-
GROFF TRACTOR & EQUIPMENT,
INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO.
FIVE-R-EXCA V ATING, INC.,
PATHFINDER SOLUTIONS LTD.,
and DONALD M. OLMES, aJk/a
RUSTY OLMES, INDIVIDUALLY,
Defendants
CIVIL ACTION LAW
PLAINTIFF'S PRE-COMPLAINT INTERROGATORIES
DIRECTED TO DEFENDANTS PATHFINDER
SOLUTIONS LTD. AND DONALD M. OLMES aIkIa RUSTY OLMES
TO: Pathfinder Solutions Ltd. and Donald M. OImes aIkIa Rusty Olmes, Defendants
PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania RuIes
of Civil Procedure, Rules 4001, 4003.1-.3,-.4,-.5, 4005 and 4006, to serve upon the undersigned,
within thirty (30) days from service hereof, your Answers in writing and under oath to the
following Interrogatories. These Interrogatories shall be deemed to be continuing
Interrogatories. Ifbetween the time of your Answers to said Interrogatories and the time of the
trial of this case you or anyone acting on your behalf learn the identity and whereabouts of any
other witnesses not identified in your said Answers, or if you or anyone on your behalf obtain or
become aware of additional requested information not supplied in your Answers, you shall
promptly furnish the same to the undersigned by Supplemental Answers. These Interrogatories
are addressed to you as a party to this action and your Answers shall be based upon the
infornlation known to you or your attorney or other representatives.
';;"'!'<!!f~),.,,t~ ,~,',o _~~ "Co ._,,_ , ."
, "t'
~~~
. .
DEFINITIONS AND INSTRUCTIONS
A. "Document" means the original and any non-identical copy of any draft of any
written, printed, recorded, graphic, or photographic matter or sound reproduction, however
produced, including but not limited to correspondence, telegrams, corporate minutes or
committee notes, intraoffice memoranda, e-mails, contracts, diaries, logs, notes of meetings or
conversations, official forms, paperwork, memoranda, calendars, tape recordings, computer
stored information capable of reproduction, and any and all other documents prepared or
received by you or in your possession, custody or control, or the identity, existence, or location
of which is known by you.
B. "Person" means any individual or any legal entity including but not limited to any
corporation, partnership, proprietorship, association, or joint venture.
C. "Identify" or "Identity" when used in reference to a person means to state the
person's full name, present address and, if a natural person, his present or last known business
affiliation and his position or business affiliation at the time in question.
D. "Identify" or "Identity" when used in reference to a document means to state the
date, author, subject matter and type of document or some other means of identifying it and its
present location or custodian. If such document was but is no longer in your possession or
subject to your control, state what disposition was made of it.
E. "Identify" or "Identity" when used in reference to an oral communication means
to state its description (e.g., in person, telephone, etc.), its date, the place or places at which it
occurred, the identity of all Persons participating in or present during such communication, the
substance of what was said and by whom, and its purpose.
^':i#'f .<.".",,_~, ,.'" "_'_~_ "~\" ,~_!_'" _y _:=:
r'
~
-,;
,~j
F, If you claim that the subject matter ofthe document or oral communication is
privileged, you need not set forth a brief statement or the subject matter of the document, or the
substance ofthe oral communication called for above. You shall, however, otherwise "identify"
such document or oral communication and shall state each ground on which you claim that such
document or oral communication is privileged.
G. "Statement" means the following:
(1) A written statement signed or otherwise adopted or approved by the
p.erson making it; or
(2) Stenographic, mechanical, electrical or other recording, or a transcription
thereof, such as a substantially verbatim recital of an oral statement by the
person making it and contemporaneously recorded.
H, "Five-R" refers to Defendant Five-R-Excavating, Inc., its directors, officers,
agents, employees, and all other persons acting on its behalf.
L "Tuckcora" refers to Tuckcora Enterprises, Inc., its directors, officers, agents,
employees, and all other persons acting on its behalf.
J. "Groff" refers to Groff Tractor & Equipment, Inc., its directors, officers, agents,
employees, representatives, consultants, and all other persons acting on its behalf, including its
attorneys.
K. "Pathfinder" refers to Defendants Pathfinder Solutions, Ltd. and/or Donald M.
Olmes aJk/a Rusty 0lmes, its directors, officers, agents, employees, and all other persons acting
on its behalf.
L. "Project" refers to the Frick Park Nine Mile Run project whereby Five-R
Excavating was the contractor and Tuckcora, subcontractor.
;':;-~~1l1!
'-.-"-'l"'
I
, I
c''<'.
.-
CAUSE OF ACTION
The nature of this cause of action includes, but is not limited to, breach of contract,
breach of implied contract, unjust enrichment, and breach to a third party beneficiary arising out
Plaintiffs rental of construction equipment to Defendant for work related to the Frick Park Nine
Mile Run Project.
INTERROGATORIES
1. Identify all officers, directors, and shareholders of Pathfinder since its incorporation and
the percentage of ownership of each shareholder.
ANSWER:
.,,,,',;~~,~, -
- i ' ,'_ ""1/ '-'--" ,,="
~l~'
~ ,~
" ~ ~-. ~
,,'
2. Identify the relationship or any previous relationship that Pathfmder or Donald (aIkIa
Rusty) Ohues had or has with Five-R, including but not limited to:
(a) any common business ownership interests;
(b) any financial arrangements related to the Project;
(c) business dealings;
(d) relationship of any subsidiaries, affiliates, or other parent business entity; and
( e) any business understanding related to Groff or Tuckcora or the Project.
ANSWER:
-'''-'~ip~
'",,~, ",'~'" ,'"
~r
r
"~~
t:.
, .
3. IdentiJy the relationship or any previous relationship that Pathfinder or Donald (a/k/a
Rusty) Olmes had or has with Tuckcora, including but not limited to:
(a) any common business ownership interests;
(b) any financial arrangements related to the Project;
(c) business dealings;
(d) relationship of any subsidiaries, affiliates, or other parent business entity; and
( e) any business understanding related to Groff or Tuckcora on the Project.
ANSWER:
-'''"Iilll:1 _ _ , , l_1_e ,>. _ _' '"~" ~ _
, ,
- r"' -~
4. Identify any and all ownership interest(s) that Pathfinder had or has in Five-R or
Tuckcora, including but not limited to:
(a) common officers or directors;
(b) business ownership interests;
( c) shares or stock held; and
(d) other financial arrangements constituting ownership.
ANSWER:
--~'!_!!l'1,_~" .".."._" _::"'1"
,
. ,
'---.
",,,,,,,
~::::
5. Describe all details of the arrangement between Five-R and Pathfinder Solutions, Inc.
and/or Donald (aIkIa Rusty) Olmes for payments to Groff, including but not limited to:
(a) names of all individuals with knowledge of the arrangement;
(b) nature and extent of communications related to the arrangement;
(c) IdentifY all documents constituting any arrangement;
(d) scope of the arrangement; and
(e) date of said arrangements.
ANSWER:
".""~fflW\j!I!!Vl'i'"
,'"
" - 1-
- r
. "~
..
^'~
..,.~~
.
6. Identity each and every reason why Pathfinder Solutions, Ltd. and its credit facilities
were utilized on the Project to make payment on behalf of Five-R's subcontractor,
Tuckcora, to Groffin the amount of$9,402.52 on July 3, 2000, and $11,130 on July 20,
2000. Kindly identify:
(a) who directed Pathfmder Solutions to make such payments to Groff;
(b) all communications which Pathfinder Solutions had with Five-R or Tuckcora
related to such arrangement;
(c) the date when Pathfmder first became aware that Tuckcora was having financial
difficulty making its payments to Groff; and
(d) nature and full extent ofthe utilization of Pathfinder Solutions' resources on the
Proj ect.
ANSWER:
'~!~.'" "-'~~ ,-"-,' -- ..,-, ,
"(
'I ,.
:m
7. Identify any and all consideration, including but not limited to, any ownership interest in
any company that Pathfinder Solutions, Inc or Donald (a/k/a Rusty) Olmes received in
exchange for said entities making payment to Groff for monies owed by Tuckcora to
Groff, related to the Project.
ANSWER:
;,~.,,'W;<1It ~_". ,__
. , r .
-
1,l
8. IdentifY each and every reason why Pathfinder used its credit facilities and its Case
Advantage Account to pay Groff for rentals and equipment which Groff provided to the
Project, including but not limited to:
(a) all communications related to such payment;
(b) all contracts or agreements pertaining thereto;
(c) all consideration Pathfinder received by Five-R and/or Tuckcora in exchange for
such payments; and
(d) nature and scope of any agreement thereto.
ANSWER:
~%'f~1(, 1"_><'.;1-"-""
'" ',-
--"
'-I
I'
.
~~
;<,FW_<).~
9, Identify all involvement, including but not limited to all financial resources, that
Pathfinder used in the organization and capitalization of the business entity known as
Tuckcora for work related to the Project.
ANSWER:
..""Yo ~_~_.'
r
" - ,- ~ ~ -
- ''''~~
10. Identify whether Pathfinder made any implied or express promises to Groffrelated to its
agreement to pay Groff for money owed by Tuckcora to Groff. Kindly identify:
(a) nature and extent of all promises;
(b) individuals agreeing to such promises; and
(c) all documents pertaining thereto.
ANSWER:
McNEES WALLACE & NURICK LLC
~ o"cJ:c0
By
Roy C. Fazio
I.D. No. 86994
Diane M. Tokarsky
J.D. No. 44369
100 Pine Street
P. O. Box 1166
Harrisburg, P A 17108-1166
(717) 232-8000
Attorneys for Plaintiff
Groff Tractor & Equipment, Inc.
Dated: October 25, 2001
'~~;;~'''. ~" '.-,f ~-,C
"-.""' ",""-
, ~
~-
,illl~' ,. ,.- ,
GROFF TRACTOR & EQUIPMENT,
INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
NO.
FIVE-R-EXCA V ATING, INC.,
PATHFINDER SOLUTIONS LTD.,
and DONALD M. OLMES, a/kIa
RUSTY OLMES, INDIVIDUALLY,
Defendants
CIVIL ACTION LAW
PLAINTIFF'S PRE-COMPLAINT REQUEST FOR PRODUCTION
OF DOCUMENTS DIRECTED TO DEFENDANTS PATHFINDER
SOLUTIONS LTD. AND DONALD M. OLMES aIkIa RUSTY OLMES
TO: PATHFINDER SOLUTIONS LTD. and DONALD M. OLMES alk/a
RUSTY OLMES, Defendants
Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Plaintiff Groff
Tractor & Equipment, Inc. (hereinafter "Groff'), requests that Defendants, Pathfinder Solutions
Ltd. and Donald M. Olmes a/kIa Rusty 01mes (hereinafter "Defendant") produce the documents
hereinafter described and permit Plaintiff, through its attorneys, to inspect them and copy such of
them as they may desire. Plaintiff requests that the documents be made available for this
inspection at the offices of McNees Wallace & Nurick LLC, counsel for Plaintiff, or at such
. other location as may be mutually agreed upon, but not later than thirty (30) days after service of
these requests.
This request is intended to cover all documents in the possession, custody and control of
Defendant, its agents, employees, and attorneys. If documents requested are outside the
possession, custody or control of Defendant, but Defendant has knowledge of the person or entity
in whose custody, control or possession the document resides, it is required to set forth that
information,
"':~~- ''''.^. ~ -," -- .~~
,-', '.
.r
__ c _ ~~
. .
~ , '"
,
~
DEFINITIONS
A. "Document" as used herein shall mean the original and any copy, marked-up
copy, revision, amendment, modification, non-identical copy and/or draft, of any written, printed,
typed, drawn, or other graphic matter of any kind or nature, however produced or reproduced,
whether or not sent or received, including without limitation: memoranda, reports,
computations, estimates, communications, financial reports or statements, notes, transcripts,
letters, correspondence, intra or inter office communications, envelopes, telegrams, cables, tele
messages, e-mails, messages, summaries or records of telephone conversations, summaries or
records of personal conversations or interviews, minutes, notes, notations, tabulations, studies,
analyses, reports, evaluations, projections, work papers, summaries, journals, statistical records,
calendars, appointment books, diaries, plans, drawings, blue prints, modules, specifications, data,
sketches, maps, boring logs, soils tests, soils charts, soils reports, sketch books, quantity books,
material books, time log sheets, purchase orders, invoices, checks, receipts, payroll records,
summaries or records of meetings or conferences, minutes or tape recordings of meetings or
conferences, summaries or reports of investigations, opinions or reports of consultants,
questionnaires, surveys, charts, graphs, books, notebooks, note charts, articles, magazines,
newspapers, booklets, circulars, bulletins, press releases, notices, instructions, manuals,
photographs, schedules, network diagrams, bar.charts, line-charts, motion picture film,
microfilms, photographs, tapes or other recordings, punch cards, computer programs, magnetic
tapes, discus, data cells, drums, printout and other data computations from which information can
be obtained, and marginal comments appearing on any documents, and all other writings in the
possession, custody or control of Plaintiff or its agents, officers, employees or attorneys.
J~,~_,_ ~_L _~ ." ~ _~ ,,,.,__~~ '.." _ "
I"
"
~
B. "Groff" shall mean Plaintiff, Groff Tractor & Equipment, Inc., and any or all
individuals acting or purporting to act on their behalf.
C. "Five-R" shall mean Five-R-Excavating, Inc., and any or all individuals acting or
purporting to act on its behalf.
D. "Defendant" shall mean Defendant Five-R-Excavating, and any or all individuals
acting or purporting to act on its behalf,
E. "Tuckcora" shall mean Defendant Tuckcora Enterprises, Inc., its directors,
officers, agents, employees, and all other persons acting on its behalf.
F. "Pathfinder" shall mean Defendant Pathfinder Solutions, Ltd. and/or Donald M.
Olmes aIkIa Rusty Olmes,
G. "Project" means the Frick Park Nine Mile Run project subcontracted by Five-R to
Tuckcora at various times on which Groff supplied rental equipment.
CAUSE OF ACTION
The nature of this cause of action includes, but is not limited to, breach of contract,
breach of implied contract, unjust enrichment, and breach to a third party beneficiary arising out
ofPlaintitrs rental of construction equipment to Defendant for work related to the Frick Park
Nine Mile Run Project.
INSTRUCTIONS
1. This request is continuing in nature and requires you to file supplemental
responses if you obtain further or different information and/or documents after your initial
response.
2. If any documents required to be provided by this request are withheld upon a
claim of privilege, identify with specificity said document and state the basis for any such claims.
',-",Ii(,
~< "" C'. "-
J =-,. -
~~ ,""
-
--~,-
. '
3. When a document is requested herein, Defendant shall produce the original of
such document, if available, and the following:
(a) Every copy of each document which is not an exact duplicate of the
document which is produced,
(b) Every copy which has any writing, figure, notation or the like on it,
(c) All drafts of each document,
(d) All attachments or enclosures with each document, and
( e) Every document referred to in such document.
4. It is requested that all documents be produced in the form and in the same order
within each file in which they existed prior to the production in that the file folders, boxes, or
other containers or bindings in which such documents are found are also to be produced intact,
including the titles, labels or other descriptions of each such folder, box, or other binding or
container and that document be labeled to designate which request to which they are responsive.
5. If an objection is made to any of the requests, whether in whole or in part, respond
to as much of the request concerned as to which no objection is made.
6. The masculine shall be deemed to include the feminine, and the feminine deemed
to include the masculine.
7. The singular shall include the plural, and the plural, the singular.
. ~,,;f%>1~!""~
'_'; ',-, _"..~,-, ,!"",,.c.^ ,
r-
,-
~
. "
,
DOCUMENTS REQUESTED
1. All documents that constitute any agreement whatsoever between Five-R and
Pathfinder Solutions, Ltd. related to the Project.
2. All documents that were relied upon by Pathfinder in making payment to Groff on
the Project.
3, All documents that constitute any business relationship between Pathfinder, and
any Defendant or Tuckcora, related to the Project.
4. All documents related to fmancing or credit extended to Tuckcora by Five-R or
Pathfinder.
5, All written or typed documents originating from Tuckcora and/or Pathfinder
which relates to payments made to Groff on the Project.
6. All documents pertaining to communications from Five-R to Pathfinder or Donald
(alk/a Rusty) Olmes relating to the Project.
7. All meeting minutes or records of telephone conversations related to payment to
Groff for work related to the Project.
8, All e-mails, memoranda, or any other internal document pertaining to any
communication of any sort related to Groff and/or Pathfinder with respect to the Project.
9. All documents related to any communication between Shirley Ritenour, President
ofFive-R, and Pathfinder related to Tuckcora or Groff with respect to the Project.
10. All documents pertaining to any ownership interest that Five-R or Shirley
Ritenour had or has in Tuckcora, Pathfinder, or any business entity partially or wholly owned by
Donald Olmes.
'),""''''~ =, q",
"'-, -,,", """'re,
" _1.,
. .
-. ,
p~ , ...,e<
. "
.. '. fIl
11.
All documents that relate to any agreement or communication in any manner
whatsoever, whereby Five-R or Shirley Ritenour determined that joint checks would not be
issued to Groff, but instead Five-Ror Shirley Ritenour directed Groff to use Pathfmder's credit
facilities for monies owed to Groff as a result of equipment rented by Tuckcora, which was used
on the Proj ect.
12. All documents which relate in any manner to payments made by Pathfinder to
Groff.
13. All documents which relate in any manner to the Project.
Respectfully submitted,
McNEES, WALLACE & NURICK
By
~"'~Ch;:)
Roy C. F
Atty I.D. No. 86994
Diane M. Tokarsky
Atty I.D, No. 44369
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5354
Attorneys for Plaintiff,
Groff Tractor & Equipment, Inc.
Dated: October 25,2001
, "',~.-m:_
--~ -,,-,.
r-
,-~
iT
AVftI
McNees Wallace & Nurick LLC
, '.
. ~
attorneys at law
Roy C. FAZIO
DIRECT DIAL: (717) 237-5298
E-MAIL ADDRESS:RFAZIO@MWN.COM
December 12, 2001
Rusty Olmes
Pathfinder Solutions, Inc.
16 Linn Farm Road
Canonsburg, PA 15317
RE: Groff Tractor & Equipment, Inc. v. Pathfinder Solutions, LTD.,
and Donald M. Olmes a/kfa Rusty Olmes, Individually
Dear Mr. Olmes:
Please be advised that we represent Groff Tractor & Equipment, Inc. We served you
with discovery requests on November 7,2001. To date, we have not received responses to
those requests nor have you requested an extension of time in which to respond. We
assume that this is an oversight. In the event that you do not respond within ten (10) days
of receipt of this letter, we will be forced to seek a Court Order to compel your answers to
said requests. In the event that you are represented by counsel, please notify me of same.
Thank you.
Very truly yours,
McNEES WALLACE & NURICK LLC
C<o~(};,:-J
By
Roy C. Fazio
jmc
cc: Michael Hirsch
pd-tili~1f\t6 '100 PINE STREET' HARRISBURG. PA 17108-1166' TEL: 717.232.8000' FAX: 717.237,5300' WWW.MWN.COM
COLUMBUS, OH . HAZLETON, PA' WASHINGTON, DC
'~'iM ,
- .
,.;1"
'~r
,r.'"',"
AVtV "/ '
McNees Wallace & Nurick LLC
" .
. l. '.
attorneys at law
Roy C. FAZIO
DIRECT DIAL: (717) 237-5298
E-MAIL AOORESS:RFAZlo@MWN.COM
January 11, 2002
VIA FACSIMILE & FIRST-CLASS MAIL
Michael McGreal, Esquire
Bunson & Stevenson
666 Washington Road
Pittsburgh, PA 15228-1913
Donald Dimes
Pathfinder Solutions, Inc.
16 Linn Farm Road
Canonsburg, PA 15317
RE: Groff Tractor & Equipment, Inc. v. Five-R Excavating, Inc
and Pathfinder Solutions, Ltd. and Donald M. Dimes
a/kfa Rusty Olmes, Individually
Dear Messrs. McGreal and Dimes:
Please note that this office represents Groff Tractor & Equipment (Groff) in the
above matter. We filed a Writ of Summons on October 29, 2001 which was served, along
with pre-complaint discovery, on Mr. Donald Dimes and Pathfinder Solutions, Inc. on
November 7, 2001. On December 12, 2001, we sent a letter to the attention of Mr. Dimes
at Pathfinder Solutions, Inc. requesting a response to said information. Mr. Dimes and
Pathfinder have failed to respond to our discovery request.
As the two of you are representing Mr. DImes in other matters, we request that you
advise us if you are counsel to Mr. Dimes and/or Pathfinder Solutions, Ltd, in the above-
referenced matter. In the event that the discovery is not answered by you or Mr. Dimes
within ten (10) days from the date above, we will seek a court Order to compel said
discovery, As a courtesy, we have copied Mr. Dimes in the event that your representation
does not extend to the aforementioned matter.
I look forward to hearing from you and/or Mr. Dimes. Thank you for your
cooperation,
Very truly yours,
jmc
cc: Michael Hirsch
McNEES WALLACE & NURICK LLC
By (<0\ C ~~::)
Roy C. Fazio
PO Box 1166 . 100 PINE STREET' HARRISBURG. PA 17108-1166 . Tel: 717.232.8000' FAX: 717.237.5300' WWW.MWN.COM
COLUMBUS, OH . HAZlETON. PA' WASHINGTON, DC
1'""*,,
~ . -<-. -.
r ,.
,~,
. "
.
.. tl'
... '.... ..
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has this day served a true and correct
copy of the foregoing Motion to Compel Discovery upon the person indicated by first-
class mail, postage prepaid:
Donald M. Olmes
of Pathfinder Solutions, Inc.
16 Linn Farm Road
Canonsburg, PA 15317
C?Q~;;6cJ
Dated: January 23. 2002
,I;'K_._-." _ :."
'--'--;:;/"'>~<_ '7~\."'__ -, '- -'i: ,~; W,,'" ~~:.-~!- "':~"",'17 ""::""';'S-_~~t~" ,,__
. ~,,,,'.d,'_'-,, _,,__~,
i ',"- 0,_ ,~:;~ -_~,_;',<,~",,,__ 'j:_ ~''!li-'7_)''. '.' eO' ,-_"." ,...
"",:, ---"';~,",.,'{--: .-", --,,, .~--- ~-'
1/'" ._ .'
'~
,,- '"'",""'!F'V,-'o~,%"
..P,C<',',,'
",'
~ ~'.')!- "".-
'---""!--~'''',- .
"-~
~W~" ,~~, c, . "~
"
""''''<',
lI'!.l~;l~,41,~~~~~ "
"'-'''Y:'';-' 'n,< __,' :" '.,',',' ,",-,
"
II ,'" "Il
. ~ '';-~-'
~'r~-=);i,~~~
~~
"
...
.-
APR 0. 8 200~-'
GROFF TRACTOR & EQUIPMENT, INC.,: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYL V ANlA
v.
FIVE-R-EXCA V ATING, INC., : NO. 01-6186
PATHFINDER SOLUTIONS, LTD, and
DONALD M, OLMES alk!a
RUSTY OLMES, Individually,
Defendants : CIVIL ACTION - LAW
ORDER
AND NOW, this '1 tL day of R f r ~ (
, 2002, upon consideration of
Plaintiffs Petition to Make Rule Absolute, it is ORDERED that Defendants Pathfinder Solutions,
Ltd. and Donald M. Gimes alk!a Rusty Olmes provide full and comple.!$: responses to Plaintiffs
tk,<:!) { y
Interrogatories and Request for Production of Documents within tefl (10) days of the date of this
Order.
BY THE COURT:
~
1.
<
?;:i!lJA,."""", '>'\"' "''',,0<<<.,: ~,_ ."",,"' -,O' 11, ~ -<;"'r~' 'c;>:t':'I~-"':;,-- 0".,0,'0<"'" "t'.;,_,__...o _''''',' ~""', '"/~,, _'~__,,=,'.._.,
< "~<""."...."--
!--'----:-'-::.li:a'
r";-], ;;"~'~~)~
--- '-jjli~-- i-~
. ,. ~ "n.'
--'- '~, ';'-'-'" --;- --'~,C-:,;_:-- .j;;]'~ij-- ";0':""";; .
"a' ~ -;; -~llrliarrlM'it(lf.~f."
., , " "'""__->_', n~ ~,"_ ""01..,
, h._
--"""">i.:"\'\-:h~, _ ,
FILFD-O::FiCE
,,~ ",,~ 'r"V'TiV" 'I'T1RY
I.;; !. :,:~ i- ;-j ,,;" 'j',)i\'jl! 'I
02APF? 10 PM 1:1,4
CUlvlRJ:':i ;',r\ii"' ((IU,\ln'
'_1--[ lL.r" ~LI v..... f 'V I
PENNSYLVANIA
~
L
---"~,,'-"
,_, _, ,.-'"T
E's-
81/
'.-~ .,.
"'-.
-~ ~-.- 'j}J
II
;1
I
,
I:
~
~
J
"I
~ J
: 0-~~
1 1
} t~
GROFF TRACTOR & EQUIPMENT, INC.,: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
FIVE-R-EXCA V ATING, INC., : NO. 01-6186
PATHFINDER SOLUTIONS, LTD. and
DONALD M. OLMES alk/a
RUSTY OLMES, Individually,
Defendants : CIVIL ACTION - LAW
;,'!
,j
,;,
!,')
PLAINTIFF'S PETITION TO MAKE RULE ABSOLUTE
:~
Plaintiff petitions the Court to make the Order of February 4, 2002 absolute and to order
-;1
'1
Defendants Pathfinder Solutions, Ltd. and Donald M, Olmes a/k/a Rusty Olmes to provide full
,
,I
.',j
;'
:,1
and complete responses to Plaintiff's Interrogatories and Request for Production of Documents,
and states as follows:
1. On January 28, 2002, Plaintiff filed a Motion to Compel Discovery Against
Defendants Pathfinder Solutions, Ltd. and Donald M. Olmes, Individually. A true and correct
copy ofthis Motion is attached hereto as Exhibit A.
2. On February 4, 2002, this Court issued an Order ruling Defendants to show cause
why Plaintiffs Motion should not be granted. A true and correct copy of the Order is attached
hereto as Exhibit B.
3, The Order was served by this Court upon all parties, including Defendants
Pathfinder Solutions, Ltd. and Donald M. Olmes.
4. Neither Pathfinder Solutions, Ltd, nor Donald M. Olmes have filed any response
to the Order.
-;:_-;J~~~_;'~_
, - ;T"~-f ~~"_~..,'t!-,:-,:,, -';'-""--YN'%~:'--~~f."-' ::'~.~"""-\-''1''B'I'"_,>_'_''_'" wq,,~,_- ,,,,,_, " N-~__";'O~'",';; <" ''',--, .-,c'- 0 , ," ',,"<~" ',_ ,.,~:,~ ~"', :~','-!i'l"" ",,_,. _ ~,,~,~ -,' _ '" _ _,_,.~ '_',"., ~,_ ~~ ' .._~ ",_<, ._<L==
'~.'-
~;,
r,i
i:i
1:1
;j
n
~1
",j
,:,i
;--,j
U
,',1
,
,
~ -~.~,
5. The time for said Defendants to file a response has expired.
WHEREFORE, Plaintiff requests the Court to make the rule absolute by issuing an order
upon Defendants Pathfinder Solutions, Ltd. and Donald M. DImes to provide full and complete
responses to Plaintiffs Interrogatories and Request for Production of Documents within ten (10)
days from the date of the order or suffer the imposition of sanctions.
Respectfully submitted,
McNEES WALLACE & NURICK LLC
By ((0~~'0
Roy C. Fazio
Diane M. Tokarsky
100 Pine Street
P,O. Box 1166
Harrisburg, P A 171 08
(717)232-8000
Date: April 4-, 2002
Attorneys for Plaintiff
""-"~- J-" ".,""c_ ;;0. ,. ,-'--1 .'-~,-I__., ,'~ .~- 1'_ f,^':' _ ':' _ ''1,_''''''-''___''~'- ~ '" '" __,~-< ,~"'-." ",_e. c" _~<'_~"'_ 'i ,.. ", ."~G" "'~,_'_''-''''__' _, "'- 'v ,,~<-,'1L'___,'___""~:_. ,,'F; ~_, '.,"_ __'" _.' M ., ,~..,,___!'"
--1',- .
GROFF TRACTOR & EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
: NO. 01-6186
FIVE-R-EXCAVATlNG, INC..,
PATHFINDER SOl;UTIONS, LTD. and
DONALD M. OLMES aJkIa RUSTY
OLMES, Individually,
: CIVIL ACTION - LAW
()
c- <:::>
~ N
:"OCD S
EPf/1 =.;:
<:' f! ~-
en ,.J~ i.....,
=< 2:: t.:c
leo
:;;;;
20
j;;O
Plaintiff, Groff Tractor & Equipment, Inc., by and through its attorneys, McNee~
::<
Wallace & Nurick LLC, moves this Court to compel discovery. In support of its Motion,
Defendants
o
'11
PLAINl'lFF'S MOTION TO COMPEL DISCOVERY AGAINST
DEFENDANTS PATHFINDER SOLUTIONS, lTD. AND
DONAlDM. OlMES, INDIVIDUAllY
'~:'.3J
-)
~, <:)
"
~
f-:').,~':J
~ 8.~ l:q
v'1
55
-<
"-
Plaintiff states the following:
1. Plaintiff, Groff Tractor & Equipment Co., Inc. ("Groff") initiated this action by
filing a Writ of Summ(Jns against Defendants, Five-R-Excavating, Inc., Pathfinder Solutions,
Ltd. ("Pathfinder") and Donald M, Olmes a/kla Rusty Olmes ("Olmes") on October 21, 2001,
(A true and correct copy of the Writ of Summons is attached hereto as Exhibit "A.")
2 On November 7, 2001, Defendants Pathfinder and Groff were served with
Requests for Production of Documents and Interrogatories. (True and correct copies of
these disC!XJvery requests are attached hereto as Exhibit "B.")
3, Defendants Pathfinder's and Groff's responses to Plaintiff's discovery
request~ were due on or about December 10, 2001,
4. On December 12, 2001, Plaintiff mailed a letter to Defendants Pathfinder and
Groff requesting responses to pre-complaint discovery, and Defendants failed to respond.
(A copy of the December 12, 2001 letter is attached hereto as Exhibit "C.")
-H~llli'[, r ~,
___~P'1 __AI "'_""""'M. _
,-",:,.--
, ,...<-
-
"'"
?".Tr ':~'~"~r~1r.---:I" T . "~
5. By letter dated January 11, 2002, Plaintiff advised Defendants Pathfinder and
Groff, as well as Attorney Michael McGreal, who in good faith is believed to be counsel for
Defendant Pathfinder Solutions, that responses to the outstanding discovery requests were
overdue and stated that if Defendants failed to serve full and complete answers by January
21, 2002, a Motion to Compel would be filed. Defendants Pathfinder and Groff, as well as
Attorney McGreal, failed to respond to Plaintiff's letter of January 11, 2002.1 (A copy of the
January 11, 2002 letter is attached hereto as Exhibit "D.")
6. Plaintiff recei~ed no responses to its correspondence of December 12, 2001
and January 11 , 2002.
7. To date, Defendants Pathfinder and Dimes have served no responses to
Plaintiff's pre-complaint discovery requests.
'8, Defendant is in violation of Pa. R, Civ. p, 4006(a)(2) and 4009.12(a) by failing
to respond or object to the Discovery requests within thirty (30) days,
9. The Court has the authority, pursuant to Pa. R. Civ. P. 4019(a~(1)(i) and (vii),
and Pa. R. Civ. P. 4019(c)(5) to compel Defendants' responses to Plain~iff's discovery
requests,
WHEREFORE, Plaintiff respectfully requests that the Court enter an Order directing
that Defendants respond fully and completely to Plaintiff's discovery requests within the
deadline established by this Court, and providing that if either of the DefehGlilrits fails to
1 The firm of Bunson & Stevenson called Groff's counsel and stated thpt f.ttorney
McGreal was no longer associated with the firm and provided Groffls counsel with a
phone number for Attorney McGreal. However, Attorney McGreal failed to respond to a
telephone message left by Groff's counsel.
- "'-;.1 "_!'I.~
,. "'C" ,. ~,
"'-'"r","
..,-
~~ .~
''I''-'r_i'r''''t'" ]ptr :1"",' - ~
comply with the Court's Order, each Defendant shall be subject to appropriate sanctions,
pursuant to Pa. R. Civ. P. 4019, and the imposition of counsel fees and costs related to this
Motion.
MCNEES WALLACE AND NURICK LLC
\YD~ C C;)
By:
Roy C. Fazio, Esquire
Attorney 1.0. No. 86994
Diane M. Tokarsky, Esquire
Attorney 1.0. No. 44369
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
Attorneys for Plaintiff,
Groff Tractor & Equipment, Inc.
Dated: January 23, 2002
::W.!!!ll.~l.i
...,.""'.
"' ", ~ ~. .. l' - I ~
--.,'
,--.
~
t
7'''rnr''''''''''.
".
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has this day served a true and correct
copy of the foregoing Motion to Compel Discovery upon the person indicated by first-
class mail, postage prepaid:
Dated: January 23, 2002
\'?,'IfIl'm"i"
, I
~I
."-'
Donald M.Olmes
of Pathfinder Solutions, Inc.
16 Linn Farm Road
Canonsburg, PA 15317
((0 ~cJ
~y C. Fazio
"';-.'
,",C. 1"-'-
GROFF TRACTOR
& EQUIPMENT, INC"
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
FIVE-R-EXCA V ATING,
INC., PATHFINDER
SOLUTIONS, LTD., and
DONALD M. OLMES,
a!kIa RUSTY OLMES,
Individually,
Defendants
NO. 01-6186 CIVIL TERM
.
ORDER OF COURT
AND NOW, this 4th day of February, 2002, upon consideration of Plaintiff's
Motion To Compel Discovery AgainstDefendants Pathfinder Sol~tiohsi Ltd. and Donald
M. Olmes, Individually, a Rule is hereby issued upon Defendants to show cause why the
relief requested should not be granted,
RULE RETURNABLE within 20 days of service,
BY THE COURT,
Roy C. Fazio, Esq.
~" eM: Tokarsky, Esq.
00 Pine Street
P.O, Box 1166
Harrisburg, P A 17108
Attorneys for Plaintiff
Tit
InT
and
T'
.
ry
~"IUJ'it_,_" .!l'?i _ - ,r~r -" .......""., " I
Ntt"'~>ir"'-"'"-r~ 'lIT 1 .;~r 1 n
Michael Yablonski, Esq.
1300 Oliver Building
535 Smithfield Street
Pittsburgh, PA 15222-2304
Attorney for Defendant
Five-R-Excavating, Inc.
Pathfinder Solutions, Ltd.
16 Linn Farm Road
Canonsburg, PA 15317
Defendant, Pro Se
DonaldM.OImes
a/kJa Rusty Olmes
16 Linn Farm Road
Canonsburg,PA 15317
Defendant, Pro Se
:rc
"I:"'i"~
" l
1- .
- _~ '0'-' .
_.~
,~
"1' - ~
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
Petition was served by regular, first-class U.S. mail,
L
F:j
Michael Yablonski, Esquire
1300 Oliver Building
535 Smithfield Street
Pittsburgh, PA 15222
'i
:;
;j
i
ie
,,~
':~
~~
;~
'--1
:-,?,
Pathfinder Solutions, Ltd.
16 Linn Farm Road
Canonsburg,PA 15317
I',:t
Donald M. OImes
aJk/a Rusty OImes
}6iLinn Farm Road
Canonsburg, P A 15317
,-',
}
;Xi
"~i
.;,!
:.--!
Date: April 4- , 2002
Qo,,~<~
Roy C. Fazio
,,;
"1
,"
';:">~~ ,,>,",' - '~C"__':':"_""",_._,, D~_~"-''-,'' -",,,,:'-,,,,~_;,-'_'~;""0~'~"'-_-,-_,Y'_I_f"'~""_ _~__"V,"I<'_ ',- :,"'_, '_' _~_-,-'_",",,~,'__-",'_ "',.' '~"" ; '7"'-'~c~3'''';,~;>-_=:'--",\''~~;_1~'~:''_t -';c," "- _'ell' ~__ ,.
'-,c"",
,-,
",~";T.
~
< <,~
""" ~.
,~
",-
" >"''':'''',~-
- -'-~,
.' ~,-
= ., "'y'___ -e','
< -~"
- ,- "~'I' "\1f_:'N(:':'i't'~" ~f;rY;~
'o,,'"'B:_,"," v "'''''jiit'''[1 'lli{-t"'Q<:'j'-"""-: J. ,,' ~~
o
~.~
z.:.n
&;S~
r:5C}
);; .--
Z\..J
--...(1
>'C:
z:
:<
,_~,,,,,+-'~d[__?~-t,,,c,,",,
~T,!>.,. , ,
<::'
hJ
P
-U
0';)
,
U';
o
-:,
::..j
.:~ J]
--,-tin
-';::)
::~.~CJ
-'-.,.-~ '''''',
~~?~~
(jln
....-;
~
~,
-<
c,
:::r,:
N
:..J
J:""
'JJ1l;;;D:I!!
OJ ~ "-"~"" .!)JF;"~