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Home My WebLink About01-06239 OWEN E. MEALS Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW RICHARD PICKEN d/b/a ALL WOOD PRODUCTS Defendant - : CIVIL TERM 2001- t:J39 ~ NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THE COMPLAINT AND NOTICE ARE SERVED, FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOu. YOU SHOULD TAKE TillS 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. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TBfIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDE)JTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PuRPOSE. IF YOU HAVE PREVIOUSLY RECEJ:VED A DISCHARGE IN BANKRUFTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSrRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYASENFORCEMENTOFL~NAGAINSTPROPERTY. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 '0:<,7', [H" '" . .,,~, '_:, ',.,_z., 'c.,__, -'-'"-'-"-"IV ?__, F_e e_' 1"-' OWEN E. MEALS Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. CIVIL ACTION - LAW RICHARD PICKEN d/b/a ALL WOOD PRODUCTS Defendant CIVIL TERM 2001- (Q;)3q c;o COMPLAINT AND NOW, comes Plaintiff, Owen E. Meals, by his attorneys, Duncan & Hartman, P.CO and makes the following Complaint: 1. Plaintiff is Owen Meals, an adult individual, whose address is 1501 Shirley Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Richard Picken, and adult individual, d/b/a All Wood Products, whose address is 257 Roxbury Road, Newville, Cumberland County, Pennsylvania, 17251. 3. On or about July 10, 2000, Defendant, All Wood Products and Plaintiff, Owen E. Meals, made a verbal agreement for the installation of kitchen cabinets in Plaintiff's home located at 1501 Shirley Avenue, Carlisle, Pennsylvania, 17013, to be completed by November 20, 2000. 4. The essence of the Agreement between Plaintiff and Defendant was that Defendant would finish and install kitchen cabinets to the specification and satisfaction of Plaintiff in consideration of the Ten Thousand and 00/100 ($10,000.00) Dollars, 5, Plaintiff paid Eight Thousand ($8,000,00) Dollars to Defendant, copies of said checks are incorporated herein by reference and attached hereto and marked as Exhibit" A", '~~r._ ~ ,,?,.~l,;:' " _ ~:,. "~yo. "'-'-;,> ",-I .,< '-'1 . 6. Immediately following the beginning of construction and continuing until Defendant ceased work on the project, the Plaintiff discovered numerous problems and reported the same to Defendant including but not limited to the following: A Imperfections on the cabinetry. B. Poor workmanship. Co Failed to appear as scheduled despite repeated request. 7, On or before February 24, 2001, Defendant ceased his work on Plaintifi's residence. On or about February 27, 2001, Plaintiff wrote a letter to Defendant inviting him to complete the installation in regards to Defendant's unfinished cabinets for Plaintiff. Neither has Defendant returned any of the Eight Thousand ($8,000.00) Dollars, he took from Plaintiff. 8. Despite repeated request, Defendant failed to make appropriate repairs, to properly install the cabinets in accordance with Plaintiff's specifications, all of which has now caused Plaintiff to suffer financial loss. 9. Plaintiff has, following Defendant's refusal and failure to complete the cabinetry in accordance with Plaintiff's specifications, caused the Plaintiff additional financial losses including legal fees and cost of this action. 10, Defendant agreed to perform the work in accordance with the Plaintifi's specifications. 11. The Defendant breached the terms of the agreement between the parties in that it failed to perform, in a substantial workmanlike manner, the work agreed to by the parties and failed to repair the property as pursuant to the Plaintiff's specifications. ~"~Rlli, ,~-, , .ol ,., 1.-"" .. 'Ie- - ", 'I~ -~ ~~ WHEREFORE, Plaintiff request this Honorable Court to enter judgment in his favor against Defendant in the amount of Eight Thousand ($8,000.00) Dollars, plus all cost of this suit Md "'" .w_""<<ortto Pl"""""th'j~~ ~ ~~&H .. William A. Duncan, Esquire 1 Irvine Row Carlisle, P A 17013 (717) 249-7780 ill # 22080 ,;:~.~ ~~ ^ . . ,,'. ,., ,~, ~'. ,o~n"'''':eJ_ _ "",". q '."'" !rl - lo-"_~ . . :~ I'." ~ , -, 1 ~.""p <, "'- -'-'~"f';;.- "_-.;>,~,_ I I, verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, 4904 relating to unsworn falsification to authorities. r?~~~~/ Owen Meals Dated: - ',-'-" ,,~, ~ . ,-~- . -I .-""- "1--'" lIll" d ,-~~,--,- .,. :~-":"'l~~J., . , .' . ".' -'. . " OJ, . 0WENE.tIEAL8.8...; ,_ 110t .HiIiiEi''AWi........ . CAIlUIIIJ!. M 111118 .. -, - 2l.i64.. . ;.~, .......,... 11I1 it m=.. t258 i272 1'lw I:O~ UO i!qSSI: .' rip,,>. 4. if~.-J IP i!I!o'I'SO 11,." i!"i!:"""'OOOO:li SOODOI 00:1' \r.tr.""."1~'!.'-fJ' ,"" "'-'-~~~',""""''','e' -y~,,"~ ";:',(.'. "'~.~:"::".-!:\:.'.!(...".,':~~~:ri'~~,-:i":;;~i,if.'.':A:.."~';::::-: '.'~'::::".:,~~l~~<sii.;.{.~..;,.,,:.,:ZiO!~~~' '~'r. I '1>~ ~~~~,t>r.o!!',',Iii"N~-::'~~~:'~~.~''';''<-. .'"" 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"-_,~)> .,.<<'<', '" ,,,.,, ,--~ 'h'-'" "n"~-,"-:---" ~" :"_';.-e,, ~~ ~ ~ \ ). ~ , ~ o v~2 nlS\ Zlh i?S.;: ~t~; ~;::' )o'c~ z =< ~ C) C~) :'~) -,~t ("J ;~- c.; ._~ -:-j ::0., .< ~~rJ ~".__~ Jfl!l!"." _ 1 "'1" ~~~~"~, \m ,~,_~~![;;f'Ni!WW!"iPW~~IL":,!!lJiI"Y'!ltmJ~:iliH'lI~-'r"'lliifl>~~'~!ffi'wm~i';m~~~~~!fl" SHERIFF'S RETURN - REGULAR CASE NO: 2001-06239 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEALS OWEN E VS PICKEN RICHARD D/B/A ALL WOOD SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PICKEN RICHARD D/B/A ALL WOOD PRODUCTS the DEFENDANT , at 1419:00 HOURS, on the 2nd day of November, 2001 at 257 ROXBURY ROAD NEWVILLE, PA 17241 by handing to BARBARA REXROTH, GIRLFRIEND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.10 .00 10.00 .00 37.10 .r~-/<:~ R. Thomas Kl ine . 11/05/2001 DUNCAN & OTTO Sworn and Subscribed to before By: me this 'l~ day of ~mti../ ,.;}.N?/ A.D, q"-lL- t2 "')-u"iilh./ ~ ( Prothonotary i"''!'i'''WM=_.,..,..~ ,. H "lIi1 ~ ~, .. ..."..., ,.""~,f'Wl"'-"""'''-'1''~ ~0 ~ '""" J?'!nnl!lmUllffl~Jgp ,__~~ . o~,'., ,.~"~ I" ",,'_' ;-~" k~~,'..;,."" ~ .'".ll1j(fJf rilt, ~ ,~,:l",fI_ ~"""'~"''"'~,,~ .,.._~."~f~~PM:'fi!1i':-i!'f~.;jj':j01~''f3':i~,';ii<~%t*"f~f~~f~jf#J1[.ijJ~'l\i\-~~~j~li~'Ui;~~~~~- .. OWEN E. MEALS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW RICHARD PICKEN d/b/a ALL WOOD PRODUCTS Defendant CIVIL TERM 2001-6239 CIVIL DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Richard Picken, t/d/b/a All Wood Products, by his attorneys, Freeburn & Hamilton, and who files the following Preliminary Objections to the Plaintiff's Complaint: I. MOTION TO STRIKE OR FOR MORE SPECIFIC PLEADING 1. The allegations in paragraph 4 of the Plaintiffs Complaint are insufficiently specific. The Complaint fails to identifY the exact specifications that were allegedly not met, nor does it identifY the specific elements of the Defendants work with which the Plaintiff was not satisfied. 2. The allegations in paragraph 6 of the Plaintiff's Complaint are insufficiently specific. The Complaint fails to identifY the exact nature, description and number of alleged problems, nor does it describe the exact nature in which these alleged problems were reported to the Defendant. The Complaint fails to specifically identifY the alleged "imperfections on the cabinetry" to which Plaintiff is referring, nor does it specifically identifY the alleged instances of '-~'N:.~ _~ .~ ~ _,,'__ 'f_,',"_,,"_,~ "'~'" , '. '.'. ,,""-., ..1,;,'''' ~_.,. , , ~- , ;-'< .. ~ "poor workmanship." The Complaint further fails to specifically identify the exact dates and times at which the Defendant allegedly "failed to appear as scheduled." 3. The allegations in paragraph 8 of the Plaintiff's Complaint are insufficiently specific. The Complaint fails to specifically identify the exact nature of the Defendant's alleged failure to make "appropriate repairs." The Complaint fails to specifically identify the exact specifications that the Defendant allegedly failed to satisfy in the installation of the cabinets. 4, The allegations in paragraph 9 of the Plaintiff's Complaint are insufficiently specific. The Complaint fails to identify the exact specifications that the Defendant allegedly failed to satisfy in the installation of the cabinets and in what manner his work failed to fulfill these specifications, 5. The allegations in paragraph 10 of the Plaintiff's Complaint are insufficiently specific. The Complaint fails to identify the exact specifications that the Defendant allegedly failed to satisfy and in what manner his work failed to fulfill these specifications, 6. The allegations in paragraph 11 of the Plaintiff's Complaint are insufficiently specific. The Complaint fails to specifically identify those elements of the Defendant's work that he allegedly failed to perform in a "workmanlike manner." The Complaint fails to identify the exact specifications that the Defendant allegedly failed to satisfy in the "repair of the Plaintiff's property" and in what manner his work failed to fulfill these specifications, ,~~'-'miI!l.ltllilif"1''''_''~ _"_'," _'_0'.~". ., _ ,_,~~ _~ "I 'I " ". r WHEREFORE, Defendant, Richard Picken t/d/b/a All Wood Products, hereby request that this Honorable Court strike paragraphs 4, 6, 8, 9, 10 and 11, or in the alternative, issue an Order directing Plaintiffs to file a more specific Complaint. Respectfully submitted, FREEBURN & HAMILTON By: ~ ... .' .~ lChard : Freeburn,Esquire J.D. No. 30965 4415 North Front Street Harrisburg, P A 17112 (717) 671-1955 Dated: 1/ lib) I Attorney for Defendants '1~. -"l-_'i"_',,f,,,_,,_,_,-__~_,._,___._u,._'tf","__"f'__"_""'r_ "1-" . "-,, -. - -,<- ,~-" -, ... CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Preliminary Objections, has been duly served on the following this Ib' th day of November 2001, by placing the same in the D,S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: William A. Duncan, Esquire DUNCAN & HARTAN, P.C. 1 Irvine Row Carlisle, PA 17013 BY: Richard E. Freeb , Esquire Attorney LD. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, P A 17110 (717) 671-1955 Dated: //;/~ Attorney for Plaintiff ,'<-"!@,,,.,,,,""i ,-" -"''''-'' ..,...~ ,-1-'- J.. ,,--, OWEN E. MEALS Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNlY, : PENNSYLVANIA v. : CIVIL ACTION - LAW RICHARD PICKEN d/b/a ALL WOOD PRODUCTS Defendant : CIVIL TERM 2001-6239 NOTICE YOU HA VB 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 THE COMPLAINT AND NOTICE ARE SERVED, 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 TIDS 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. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERlY. CUMBERLAND COUNlY BAR ASSOCIATION 2 LIBERlY AVENUE CARLISLE, PA 17013 (717) 249-3166 "'~,plilv.<^ , ""'~ ". ~ -~ r OWEN E. MEALS Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : : CIVIL ACTION - LAW RICHARD PICKEN d/b/a ALL WOOD PRODUCTS Defendant CIVILTERM 2001- AMENDED COMPLAINT AND NOW, comes Plaintiff, Owen E. Meals, by his attorneys, Duncan & Hartman, P.C. and makes the following Complaint: 1. Plaintiff is Owen Meals, an adult individual, whose address is 1501 Shirley Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2, Defendant is Richard Picken, and adult individual, d/b/a All Wood Products, whose address is 257 Roxbury Road, Newville, Cumberland County, Pennsylvania, 17251. 3. On or about July 10, 2000, Defendant, All Wood Products and Plaintiff, Owen E. Meals, made a verbal agreement for the installation of kitchen cabinets, kitchen flooring and kitchen counters, in Plaintiffs home located at 1501 Shirley Avenue, Carlisle, Pennsylvania, 17013, to be completed by November 20, 2000. 4. Defendant was to provide written specifications and drawings to Plaintiff and failed to deliver same, 5. Plaintiff paid Eight Thousand ($8,000.00) Dollars to Defendant, copies of said checks are incorporated herein by reference and attached hereto and marked as Exhibit" A" . 6. Immediately following the beginning of construction and continuing until Defendant ceased work on the project, the Plaintiff discovered numerous problems and reported the same to Defendant including but not limited to the following: A. Imperfections on the cabinetry. -,-"~.~~~ ~.- '"~~. . ,'T" ,1' "' -~, "t B. Poor workmanship. C. Failed to appear as scheduled despite repeated request. D. Window over sink - 1 side 1/2 " other side 1" E. Bar has 1" bow F. Doors above bar not straight across G. Bar has chip H. Bar and counter not same height 1. Can't open drawer at dishwasher 1. Counter top has scratches K No leg room at bar L. End of bar cut out too much, should be more rounded M. Doors below bar not straight N. Gap in bottom drawer between door and bar 0, Large gap at french door at bar P. No wood under counter top to fasten dishwasher Q. Most of the doors are not hung straight R Molding in corner by stove has big gap, not mitered S. Molding above refrigerator out wrong T. Microwave and stove opening offat least 2" U. Corner above lazy susan by the ceiling (mirrors) not straight V. New floor not it:1stalled or delivered 7. On or before February 24,2001, Defendant ceased his work on Plaintiffs residence. On or about February 27,2001, Plaintiff wrote a letter to Defendant inviting him to complete the ','<'!l~~"",~~ ,Uk ,"'~ " ~I . , . ~, ...~ ~ ,~ ~ installation in regards to Defendant's unfinished cabinets for Plaintiff. Neither has Defendant returned any of the Eight Thousand ($8,000.00) Dollars, he took from Plaintiff. 8. As setforth in paragraph # 6 despite repeated request, Defendant failed to make appropriate repairs, to properly install the cabinets in accordance with Plaintift's specifications, all of which has now caused Plaintiff to suffer financial loss. 9. Plaintiff and Defendant mutually agreed upon specifications which were never delivered in written form as promissed by Defendant in accord with Plaintiff and Defendant mutual promisses. 10. Defendant agreed to perform the work in accordance with the Plaintiffs specifications which were to be reduced to written form by Defendant and delivered to Plaintiff and which Defendant never delivered to Plaintiff. 11. As specified else where in this complaint Defendant has failed to delivered written specifications and drawings to Plaintiff as promised and as set forth in paragraph # 6 Defendant has failed to perform his obligations in a workman like fashion. WHEREFORE, Plaintiff request this Honorable Court to enter judgment in his favor against Defendant in the amount of Eight Thousand ($8,000,00) Dollars, plus all cost of this suit and also awarding interest to Plaintiff at the judgment rate. 'A~~ Dun.;an & artman, P.C. William A. Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 ID # 22080 .,-\,~'iJJ.'1r_J_ _.,"!I<[, ~ -. , ~~~ ~ "-')~'Sil>"W'_-~i1! ~" - I, verifY that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ~~b~~/ Owen Meals Dated: """"'" . II -I-~- ,.,-- r ,_ " ~I -' .- ,.,.n._ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Amended Complaint, has been duly served on the following this1J day of March, 2002, by placing the same in the U.S. First Class Mail, postage prepaid, at Carlisle, Pennsylvania, addresses as follows: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, P A 17110 717 671-1955 By:- \}V\~C~. William A. Duncan, Esquire Attorney I.D. # 22080 Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 717-249-7780 1\ ... ~ I Attorney for Plaintiff Dated: ^v \,f\J;^.^~A}', 2. \ --z.....D DL \ >',>i~,r.J;)',~r_ " ,_. . ~ . , . , , ,-. . te"d '~~~, ~!-_::~_...- .' .;.. ~ , ' '. 2364.. . . . . , , ," - . < . .' -j;t OWBIE........... 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CIVIL ACTION - LAW RICHARD PICKEN d/b/a ALL WOOD PRODUCTS Defendant CIVIL TERM 2001-6239 CIVIL DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Defendant, Richard Picken, t/d/b/a All Wood Products, by his attorneys, Freeburn & Hamilton, and who files the following Preliminary Objections to the Plaintiffs Complaint: I. MOTION TO STRIKE FOR FAILURE TO CONFORM TO LAW OR RULE OF COURT 1. Plaintiffs' Complaint should be stricken, in its entirety, for failing to comply with Pa.R.C.P, No, 1028(c)(1) which permits a party to file "an amended pleading as of course within twenty days after service of a copy of preliminary objections." 2. Defendant's Preliminary Objections to Plaintiffs original Complaint were served on the Plaintiff on November 16, 200 L '-'-;;~~I"'~"<.\ "" "p'." _c ,,,," -",'~_~"'__ 1<1,1. _"_-.:",_", .,_..,,_ .-"-" ~ - 1 - ""-"",, >>' - ~"-,"~ ~ ,- 3. Plaintiffs Amended Complaint was not served on Defendant until March 21,2002, WHEREFORE, Defendant, Richard Picken tjdjbja All Wood Products, hereby respectfully requests that this Honorable Court to strike Plaintiff's Amended Complaint. II. MOTION TO STRIKE OR FOR MORE SPECIFIC PLEADING WITH REGARD TO THE BUILDING SPECIFICATIONS 1. Paragraphs 4, 8, 9, 10 and 11 of Plaintiff's Amended Complaint allege that Defendant orally agreed to comply with certain building specifications for the construction of a kitchen in Plaintiff's home, and paragraphs 8 and 10 complain that Defendant failed to perform his work in accordance with said specifications. Plaintiff alleges no facts whatsoever as to the content of the building specifications that he and Defendant allegedly agreed to and with which Defendant allegedly failed to comply. 4. Pa.R.C.P. 1019 (a) requires that the material facts on which a cause of action is based shall be stated in a concise and summary form, 5. Without knowing the alleged standards or specifications that Plaintiff alleges Defendant agreed to and failed to comply with, Defendant cannot defend himself against Plaintiffs allegations; he cannot adequately prepare; and he cannot identify and join any potentially responsible parties as additional defendants. ","'1",_,_.,. .. " '"',-","','- ,"'!'-I"",,,,,,,, " "..-!- , " :;,"""" ,-~ '.~ WHEREFORE, Defendant respectfully requests this Court to strike paragraphs 4, 8, 9, 10 and 11 or, in the alternative, to order Plaintiff to more specifically state the building specifications that Defendant allegedly agreed to comply with and with which he allegedly failed to comply. III. MOTION TO STRIKE GENERAL ALLEGATIONS OR FOR MORE SPECIFIC PLEADING. 1, Paragraph 6 of Plaintiff's Amended Complaint alleges numerous "problems" "includine: but not limited to ...". The phrase "including but not limited to" constitutes an impermissible general allegation and must be stricken. Connor v. Allegheny Hospital, 501 Pa. 306, 311 n.3 (1983). 2. Paragraph 6 A alleges "imperfections on the cabinetry" as a "problem" in Defendant's work This allegation constitutes an impermissible general allegation and must be stricken. Connor v. Allegheny Hospital, 501 Pa, 306,311 n.3 (1983). 3. Paragraph 6 B alleges "poor workmanship" as a "problem" in Defendant's work This allegation constitutes an impermissible general allegation and must be stricken. Connor v. Allegheny Hospital, 501 Pa. 306, 311 n.3 (1983). 4. Paragraph 8 alleges that "Defendant failed to make appropriate repalrs, to properly install the cabinets in accordance with Plalintiffs specifications..." Paragraph 8 constitutes an impermissible general allegation and must be stricken, Connor v. Allegheny Hospital, 501 Pa, 306, 311 n.3 (1983), ''-f._)jT~~ '-," ".'_," ""","',>1"'; >"C 'J- ,.,..'Co' ,. O~ -'I .1-. "' "'" --~ "' ?,J .':T " - 5. Paragraph 11 alleges that "Defendant has failed to perform his opligations in a workman like fashion." This allegation constitutes an impermissible general allegation and must be stricken. Connor v. Allegheny Hospital, 501 Pa. 306, 311 n.3 (1983). WHEREFORE, Defendant respectfully requests this Court to Strike the aforementioned general allegations, or in the alternative, to order Plaintiff to file a more specific complaint. IV. MOTION TO STRIKE OR FOR MORE SPECIFIC PLEADING WITH REGARD TO AVERMENTS OF TIME. 1. Paragraphs 6 C alleges that Defendant's failed to a,ppear as scheduled. Plaintiff fails to state the number and times of the alleged instances that Defendant failed to appear as scheduled. 2. Pa.R.C.P. 1019 (1) requires averments of time to be specifically stated. WHEREFORE, Defendant respectfully requests this Court to Strike the aforementioned general allegations, or in the alternative, to order Plaintiff to file a more specific complaint. -,_""~W T ,." r'''."._._ _., .' _.'_ . y ,'. ,,____ .'e--' ". - ,-"~ , ~~ V. MOTION TO FOR MORE SPECIFIC PLEADING WITH REGARD TO AVERMENTS OF SPECIAL DAMAGE. 1. In paragraph 8 of his Amended Complaint, Plaintiff generally avers that he has suffered financial loss, but fails to state the items of special damage and financial loss that he allegedly sustained. 2. Pa.R.C.P. 1019 (1) requires that items of special damage shall be specifically stated. Plaintiff's Amended Complaint fails to state items of special damage with sufficient specificity. WHEREFORE, Defendant respectfully requests this Court to order Plaintiff to file a more specific complaint with regard to averments of special damage. VI. MOTION TO STRIKE OR FOR MORE SPECIFIC PLEADING. 1. The allegations in paragraph 6(Q) of the Plaintiffs Amended Complaint are insufficiently specific because it fails to state which doors are "not hung straight." 2. The allegations m paragraph 6(S) of the Plaintiffs Amended Complaint are insufficiently specific because the allegation, "Molding above :'IT'~_. ~_ e__ ,," .. ''"'17'''1-,'_ _,. r-., "" -~- . " -,-- I _'~_ Ir-o .~,-~~,-,~- refrigerator out wrong" is so vague that it is impossible for Plaintiff to provide a well-reasoned response. WHEREFORE, Defendant respectfully requests this Court to Strike the aforementioned allegations, or in the alternative, to order Plaintiff to file a more specific complaint. Respectfully submitted, FREEBURN & HAMILTON By: Dated: L( - ~ - 0 :l- Attorney for Defendants ""if _,_ -~~i ,ff'!" _ _' 'r:'''' ,- _ :T ,""'-"- ~I~ '" r, .,""", ~ ~~r~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Preliminary Objections, has been duly served on the following this R-th day of n{lr: L 2002, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: William A. Duncan, Esquire DUNCAN & HARTAN, P.C. 1 Irvine Row Carlisle, PA 17013 BY: Sthe . Schneii:ler, Esquire Attorney l.D. #78077 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: Lf -'6 - D:2 Attorney for Defendant '<~~c,--_., -_~'r_u"_-, -~ - '" r _ _ ",J'""~_ ~,"" "', _ , 1 or. ,-' _,. .1" 'f --' "1"-" ~ , "'0,"""- .. .'. ,",.. ,.., "0 ,'-- - ,,-, ~"--.~ ''','"n -"liIlanrii1ir."'~" (') <:::> () c ,,-, -r;,fE -'1] r~ mfT' "t) :J 2'_:n ;',j:;J ,'-:~ 1 ;~~ t6S:~ 1 ~J<!.J -<2' \J.) r-'f-" ~~:;.: ~;) <- .- ."0' ):;:C"- z ' :::t: ,~~~; ;~~ --0 >'e: z: ~=.t :< :n "" 'D S::J -< ~4 . ',_ " _ "g:~.I!',,~!ffi_.";;;"~.Iil~.'!tM;r,l~"Wl~1:mX""',;:-'tIo~'WJq~ffl'i~iI!~'H!!!m'W~iI'HWf.il'fll<,?~l.(jt~,I':F' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and suhnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter f= the next Argtment Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption lTR.ISt be stated in full) OWEN E. MEALS ( plaintiff) vs. RICHARD PICKEN d/b/a ALL WOOD PRODUCTS (Defendant) No.2001-6239 Civil 1. State matter to be argued (Le.. plaintiff's mtion for new trial. defendant's dam:rrrer to canplaint. etc.): Defendant's Preliminary Objections 2. Identify =unsel who will argue case: (b) for defendant: Address: William A. Duncan, Esquire Duncan & Hartman 1 Irvine Row Carlisle, PA 17013 Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front:Street Harrisburg, PA 17110 (a) for plaintiff: J\ddress: 3. I will notify all parties in writing within n.u days that this case has been listed for argurent. 4. Argunent Court Date: 'i I ~'i D2- Dated: 1 ) {~/D2- \MdJJ ~,~ Attorney f= Plaintiff ~ ;'!I!ii< "'1 , r.~~ ,.,~~,""I'" ~ I ' 1- ,~, I ' ~, -~ . " " , .~.JI "' ; ~~~ , .'~ -, ~" " . '~""A--" 0'"_ "'=""T.IiII1Tf" (') a c' c ,'.' -n <' ~ .,,,. ;:R OJ c: Q[IJ .- L.. _~; zc S! ~2~' 0) ,: ~; (~' ~c~; -, ;.:..--.' -0 .J>c~ U'j (") Zc 1~'--\rT: Pc = ~~ Z '" =< en ::''J -< f;$ BJ.j #!Iti' L ~, 1~~~~~~"!l~1\f~~... , 1/~'!\H!-;'-~!l!'>'ic--'''''''iF",tt'~'''''.,~-t'''''X~'''''-4''-,' M'':'!'''~i11W''?i!'i~?'-M'''fS'>'\'.'1;,j;,:;.I~J~Ii~;f,,;' ~ 11. OWEN E. MEALS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v RICHARD PICKEN D/B/A ALL WOOD PRODUCTS : NO. 01-6239 CIVIL TERM ORDER OF COURT AND NOW, August 28, 2002, by agreement of counsel, the above-captioned matter is continued from the August 28, 2002 Argument Court list. Counsel is directed to relist the case when ready. By the Court, William A. Duncan, Esquire For the Plaintiff Court Administrator ~ ~ <1.0,-/.0); G--. Richard E. Freeburn, Esquire For the Defendant ld '""~it!',,'ilrn~,~, ~ ,^t ,;,, ,- ,.'.... .-,'.,. ."~"~"' ~~<lliii.~"<J!::ll~,i;'4",,,<,'i<;m;;;l'ill:lf&!,,';it1,"0@9<i~,,;.:i,;,~4:;'~~"H"'i&~';;;i'Sk';,~~,""1],:'1;~iw'&lli{;ffi;;Mo~~~'''':'~o ftjg !",.l.~.,.).~JLJUll!l! ,r Ln'''.''..."".", ."".,...,...... f.wJ!,iilJir ""!*n~1i'itill" ~ r"~~__l\HilljUiu '".~ ~.'l F!lED-OfFICE OF T~'r: 'C':l,l".,rl'jrYIARY , ",' ' .", ._,I-J 0" S"'p r, L d:, -J AM II: 15 CUMBEf{LAi~D COUNTY PENNSYlVf\NiA } ". '.~\ I