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HomeMy WebLinkAbout07-2207IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 67- ?UpI Civil Action - ? Medical Professional Liability Action BARRY HAKE AND NANCY HAKE 3903 PARK CIRCLE CAMP HILL, PA 17011, PLAINTIFFS Plaintiff(s) & Address(es) DENNIS WRIGHT, DBA DEAN'S ROOFING 98 EAST CREEK RD NEWBURG, PA 17240 DEFENDANT vs Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS IN AID OF DISCOVERY TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ? Attorney ® Sheriff { Elizabeth J. Saylor, Esquire Signature of Attorney The Law Offices of Peter J. Russo, P. C. 3800 Market Street Camp Hill, PA 17011 Supreme Court ID No. 200139 717-591-1755 Date: 4-18-07 Name/Address/Telephone No. of Attorney WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S) YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prkthonotary Q " Date: ?I/8bDOi. by Dep ? Check here if reverse is issued for additional information. Prothon. - 55 ? O IN a c- -71 rte -F-t Ca -i i -c p SHERIFF'S RETURN - REGULAR CASE NO: 2007-02207 P COMMONWEALTH COUNTY OF CUM. HAKE BARRY ET PENNSYLVANIA: RLAND S WRIGHT DENNIS IBA DEAN'S ROOFI ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with 'h WRIT OF SUMMONS was served upon WRIGHT DENNIS 2A DEAN'S ROOFTNC; +ro DEFENDANT at 1245:00 HOURS, on the 20th day of April 2007 at 98 EAST CRE KROAT-) NEWBURG, PA 172'410 DENNIS WRIGHT by handing to a true and attested copy of WRIT OF SUMMONS and at the s together with ,time directing His attention to the contents thereof. Sheriff's Costs:l Docketing Service Affidavit Surcharge SJ?y?b'1 1- Sworn and Subsc'bed to before me this of So Answers: 18.00 18.24 .39 10.00 R. Thomas Kline .00 46.63 04/23/2007 PETER RUSSO By: day eputy Sheriff A.D. LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiff V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant CIVIL ACTION NO. 07-2207 TRIAL BY JURY DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 2 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiff CIVIL ACTION NO. 07-2207 V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant TRIAL BY JURY DEMANDED COMPLAINT Plaintiffs, Barry and Nancy Hake (hereinafter collectively the "Hakes"), by their attorneys the Law Offices of Peter J. Russo, P.C., for Plaintiffs' Complaint states: 1. Plaintiffs, Barry and Nancy Hake, are husband and wife residing at 3903 Park Circle, Camp Hill, PA 17011. 2. Defendant, Dennis R. Wright (hereinafter "Wright"), is a roofing contractor doing business as Dean's Roofing having an address of 98 East Creek Rd. Newburg, PA 17240. 3. In or about April 2003, Plaintiffs contracted with Defendant for Defendant to put (1) a new thirty (30) year ARCH shingle roof, (2) a rolled ridge vent, and (3) a new weather shield onto their home located at 3903 Park Circle, Camp Hill, in exchange for 3 Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00). A true and correct copy of the Statement indicating said contract is attached hereto as Exhibit A. 4. On or about April 18, 2003, a check was written to the Defendant in the amount of Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00) as compensation for the services Plaintiffs and Defendant contracted for. A true and correct copy of the check is attached hereto and incorporated herein as Exhibit B. 5. The contracting work was performed by Dean's Roofing in April 2003. 6. In or about May 2003 Plaintiffs discovered a mark on their living room ceiling which they traced to a leak in the attic. 7. Upon said discovery, Barry Hake contacted Wright and informed him of the discovered leak. 8. Wright informed Barry Hake that he would come to the Hake's home to investigate the reported leak. 9. Soon thereafter, Barry Hake encountered Wright. 10. Barry Hake informed Wright that he believed there were now two (2) leaks. 11. Wright informed Barry Hake that Dean's Roofing's roofs do not leak. 12. In or about May 2003 Wright came to the Plaintiffs' home and alleged to have fixed the leaks. 13. In the winter of 2003 and 2004 the Hakes again noticed that the roof was leaking upon snow fall. 14. Barry Hake contacted agents of Dean's Roofing on several occasions to inform them that the roof was leaking. 4 15. Agents of Dean's Roofing informed Barry Hake that the leaks were caused by the snow fall, which was normal. 16. Around June of 2004 agents of Dean's Roofing came to the Hake's home and again alleged to have fixed the leaks. 17. The Hakes thereafter noticed further markings in their home. 18. Barry Hake informed Wright and other agents of Dean's Roofing that the roof was still leaking. 19. Wright and his agents informed Barry Hake that the damage was from the previous leaks in the roof. 20. In or about this time the Hakes believed that there was mold growth in their home. 21. Upon Barry Hake's continued contact regarding the damage, Wright informed Barry Hake to get the interior marks painted or patched and send him the bill. 22. Barry Hake informed Wright that the problem was not the interior marks but that the roof continued to leak, Wright told Hake to report the problem to Hake's homeowners insurance. 23. Upon further conversation, Wright informed Barry Hake to contact Wright's insurance carrier. 24. The Hakes have sought to have their roof repaired but have had difficulty finding a contractor willing to attempt to repair the damage. 25. In or about the summer of 2006, Barry Hake began suffering from sinus related problems such as shortness of breath, headaches, bloody noses, and mood swings. 5 26. Barry Hake has had to receive medical treatment, including regular shots for mold, mites, and dander. 27. Said shots cost Twenty Two Dollars ($22.00) per shot. 28. As of April 1, 2007, the Hakes' medical expenses for mold related symptoms were Three Thousand Thirty Six Dollars ($3,036.00). 29. Barry Hake receives the aforementioned shot once per week, which he will likely need for approximately three (3) years ($3,432.00), followed by biweekly shots for two (2) to six (6) years thereafter ($3,432.00). 30. On or about January 10, 2007, the Hakes hired Servpro to have a mold report done. 31. Said report indicates that "mold growth has developed due to active roof leakage possibly coming from improper counter flashings, improper valley flashings, improper vent flashing and step flashing around the chimney." The report concluded that "Some of the molds found have been known to cause allergic, pathogenic or toxic reactions in humans...", and recommends that the Hakes "conduct additional testing to develop a cohesive clean up plan." A true and correct copy of the mold report is attached as Exhibit C. 32. Servpro provided a Mold Removal Estimate of Thirteen Thousand Five Hundred Sixty-Five Dollars and Eighty-Eight Cents ($13,565.88). A true and correct copy of the Mold Removal Estimate is attached hereto as Exhibit D. 33. On or about March 12, 2007, the Hakes had a Contracting Estimate performed which yielded a cost of Two Hundred Fifty Seven Thousand Eight Hundred 6 Sixty Four Dollars and Zero Cents ($257,864.00). A true and correct copy of the Contracting Estimate is attached hereto and incorporated herein as Exhibit E. 34. The Contracting Estimate does not include the costs of interim housing, which is estimated to cost One Hundred Fifteen Dollars and Zero Cents ($115.00) per day for approximately six (6) months ($20,987.50). Nor does the Contracting Estimate include the cost of moving and storage which is estimated at Nine Thousand Eighteen Dollars and Seven Cents ($9,018.07). 35. The Hakes believe and therefore aver that: a. the leaks in their roof were directly caused by Dean's Roofing contractor error; b. the mold growth was directly caused by the leaking roof; c. Barry Hake's health problems have been directly caused by the mold growth; and d. future health problems related to the mold infestation are likely for the Hakes. COUNT I - BREACH OF CONTRACT 36. The Plaintiffs reallege the allegations set forth hereof and incorporate them herein by reference as fully as though set forth herein at length. 37. On April 18, 2003, Plaintiff entered into a contract with Defendant attached hereto as Exhibit A. 38. As a contractor, Defendant had a duty to complete the work for which Plaintiff contracted in a workmanlike manner. 39. As a contractor, Defendant further had a duty to complete the roof replacement without leaks. 40. Defendant breached said contract: 7 a) as he and/or his agents improperly installed the roof; and b) as he and/or his agents damaged the roof during installation. 41. As a direct and proximate result of Defendant's breach, the roof began to leak, causing significant damage to Plaintiffs' home, which has negatively impacted their and their son's health. WHEREFORE, Plaintiffs claim damages from Defendant in an amount in excess of Three Hundred and Eleven Thousand, Three Hundred and Thirty-Five Dollars and Forty-Five Cents ($311,335.45) plus interests, costs and any other appropriate damages. COUNT II- UNJUST ENRICHMENT 42. The Plaintiffs reallege the allegations set forth hereof and incorporate them herein by reference as fully as though set forth herein at length. 43. Plaintiffs gave Defendant Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00) in exchange for the roofing services set out in the contract attached as Exhibit A. 44. The contracting services were improperly performed by Defendant and/or his agents. 45. The roof continued to leak and cause further damage to the Hake's home and health. 46. Defendant, despite repeated notice, has failed to successfully repair the roof or remedy the damage caused therefrom. 47. Defendant has not returned any of Plaintiffs' Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00). 8 WHEREFORE, Plaintiffs claim damages from Defendant in an amount in excess of Three Hundred and Eleven Thousand, Three Hundred and Thirty-Five Dollars and Forty-Five Cents ($311,335.45) plus interests, costs and any other appropriate damages. COUNT II- NEGLIGENCE 48. The Plaintiffs reallege the allegations set forth hereof and incorporate them herein by reference as fully as though set forth herein at length. 49. Plaintiffs contracted with Defendant to perform the services set forth in Exhibit A. 50. Defendant had a duty to perform said services in a workmanlike manner. 51. As a contractor, Defendant further had a duty to complete the roof replacement without leaks. 52. Defendant breached that duty as: a) he and/or his agents improperly installed the roof; and b) he and/or his agents damaged the roof during installation 53. As a result, the roof began to leak, causing significant damage to Plaintiffs' home, which has negatively impacted their health. WHEREFORE, Plaintiffs claim damages from Defendant in an amount in excess of Three Hundred and Eleven Thousand, Three Hundred and Thirty-Five Dollars and Forty-Five Cents ($311,335.45) plus interests, costs and any other appropriate damages. 9 Respectfully submitted, LAW OFfICETQrF' PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 John N. Papoutsis, Esquire Attorney I.D. No. 70312 Scott A Stein, Esquire Attorney I.D. No. 81738 Elizabeth J. Saylor, Esquire Attorney I.D. No. 20013 Attorneys for Plaintiff 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 10 EXHIBIT A C? ? T?NRk?S ' -v `' z 1aiLt 7 i i i 226964. TERMS 62 ~4q 00 J? EXHIBIT B HELE114 R. RA.BTER i'?`v ??54 32 C3 C.5-10115,21 ? C?a 21 0 6 4 TUNE WAY 05 14 3 153 38 BERLL'IT, NID 21811 t t 1 ?s - ? 3 D.T. C PAY T " V ? ?3 7Ti? OItOER Or '? yr ((?? _ liiytor 50 Plus . ' Cotv?n B. Ta or BonA?ny Company ' i:O S 2 i0 LO L 2': 2 LO E 0 5 14O L S 30 E li' .`0000 34000118 m:O 5 P-;60 LO !!. 2,?iO?,O 5 L 40 15 30 611' .'OC?0Q 3 3 4000.t` Account: 514015306, Item:O, Amount: $3,340.00, Date:04/25/2003 • FRl:3-;r?I?IL.A?c?EMZXE_Lp7p ? C}0 5? 4 y? I a'?BG SL0 C1Q ° Osizh £° ht31 H3 £TOOaZT£ a . .yfJ ©6X31 X2402 - 042SaOCa3 - ^ Co O: s2 s !' ' .aF 8 I Q 7 Q IMIT i3??ot+nQ - , VU < O`*a?r 0CR S0 S- 0 d S: z ----D;r 0 ?a ?o Account: 514015306, Item:O, Amount: $3,340.00, Date:04/25/2003 1/19/2007 Taylor Bank Page 10 of 12 EXHIBIT C r 804.897.1177 www.sanair.com SanAir Thnologies Laboratory(-`nc. 1551 Oakbridge Drive, Ln8 B, Powhatan, VA 23139 804.897.1177 Toll Free: 888.895.1177 Fax: 804.897.0070 Web: http://www.sanair.com E-mail: iaq@sanair.com Advance Look 421 Losh Rd. Shermans Dale, PA 17090 January 10, 2007 SanAirID # 07000184 Client Job Name: Barry Hake Client Job Number: 3903 Dear Jon Bosserman, We at SanAir would like to thank you for the work you recently submitted. The 4 sample(s) were received on Wednesday, January 10, 2007 via FedEx. The final report(s) is enclosed for the following sample(s): #1, #2, #3, #4. These results only pertain to this job and should not be used in the interpretation of any other job. It was a pleasure doing business with you. Keep in mind that if you have any questions, please do not hesitate to call us. Thank you again for your business. Sincerely, Stephen Hayes, BSMT (ASCP) Vice President, Operations SanAir Technologies Laboratory enclosures: - Air Cassette Analysis - Disclaimers and Additional Information sample conditions: 4 sample(s) in Good condition 0 Advance Look Building Inspections & Environmental Testing Barry Hake 3903 Park Circle Camp Hill, Pa. 17011 Date: 01/12/2007 Dear, Mr. Hake Per your request, or the request of your representatives, an inspector from our office has personally inspected the above described subject property and extracted samples for mold in accordance with the standards established by the Indoor Environmental Standards Organization (IESO) for Level One and Level Two mold assessments. The purpose of the testing is to ascertain the presence of mold in the air at the first floor, second floor and at the third floor of the home. Only Air samples were taken at the request of the client. Air samples were taken from the first floor, second floor and third floor of the subject property. These samples were extracted using a vacuum pump with Air-O-Cell cassette slide impactors. Samples were extracted in accordance with the methodology as prescribed by the IESO (Indoor Environmental Standards Organization) The laboratory results indicate the presence of the following molds: Alternaria, Ascospores, Aspergillus/Penicillium, Basidiospores, Chaetomium, Cladosporium, Epicoccum, Pithomyces, Smuts/Myxomycetes/Periconia, and unidentified Conidia. The research regarding some of these molds is very limited and the relationship to human illness, toxic response or allergic reaction has not been clearly defined. According to IESO (Indoor Environmental Standards Organization) and ACGIH (American Conference of Governmental Industrial Hygienists) "Bioaerosols Assessment and Control" the presence of, Ascospores, Aspergillus/Penicllium, Chaetomium, in air samples are "indicator organisms for potential moisture and mold sources. Based on the level of spores found in the air, it does appear potential amplification existed at the time of sampling, on all floors tested. Some of the molds present can produce toxins and most are allergens. 421 Losh Road Shermans Dale, PA 17090 (717) 582-9117 (717) 582-0117 fax Findings: Mold growth has developed due to active roof leakage possibly coming from improper counter flashings, improper valley flashings, improper vent flashing and step flashing around the chimney. The chimney also has joints loose and flaking, cracks, voids and spalling joints. Recommend further review, repairing, or replacing all areas of the roof where leaking is occurring. The ceiling in the living room measured 100% moisture when tested with moisture meter. In order for mold to grow it needs food, heat and moisture. The leaks supplied the moisture. The cellulose laden building material supplied the food. F ,.L .,t wZ` j. w Bedroom ceiling Conclusions Some of the molds found have been known to cause allergic, pathogenic or toxic reactions in humans according to researchers. Alterara can produce toxins according to researchers especially at low temperatures. Aspergillus/Penicillium is a large group of molds with species known to be toxic and or allergenic according to researchers. According to Gravenson, Frisvad, and Samson Microbiologists, Researchers and Mycotoxicologist in °Microfungi" published by Munksgaard Press 2001 "Cladospodum has the ability to sporulate heavily" they also describe Cladosporium as an "important airway allergen which together with Altemaria, cause asthma and hay fever". According to the American Air Quality Council the following is a synopsis of an EPA statement regarding the effects of hazardous and toxic substances; the effects of hazardous materials on an individual are subject to the duration and intensity of the exposure as well as the individual's health and personal habits. It is not uncommon for molds of this type to be found in homes where leakage has occurred. EPA, CDC and the Vermont Department of Health to date have not established any PEL (permissible exposure level). The levels of staining and moisture at finished surfaces of the areas tested indicate water leakage from the roof. Plumbing vent flashing Chimney Flashing Recommendations Conduct additional testing to develop a cohesive clean up plan. If the subject property is remediated without additional testing the following strong recommendations should be followed. These recommendations are a thumbnail description of how remediation work should be conducted and are not intended to be construed as complete specification for the remediation requirements of this home. Complete remediation techniques must be determined by the individual or company conducting the remediation work only after review of this and any subsequent indoor air quality reports and their field inspection. In areas that component removal or alteration is contemplated we strongly recommend appropriate testing be conducted to identify the presence or absence of substances like lead paint, asbestos, etc. I recommend the client conduct measures that will arrest and prevent water infiltration into wall, ceiling and floor areas and conducting appropriate cleaning of all areas affected. The remediation should, at a minimum, include removal of the affected areas of sheetrock and insulation or other porous wall ceiling or floor materials where visible mold or enzyme staining is present. Removal should include not only areas with visible staining or enzyming, but those areas that are immediately adjacent as well. Isolate rooms and floor with protective plastic (critical barriers) and remove debris directly to exterior. Scrub the entire house with a broad spectrum biocide, thoroughly vacuum the entire house and replace finishes. Have all the heating ducts professionally cleaned. 24 hours after containment or plastic barriers have been removed thoroughly vacuum the entire house with a HEPPA vacuum. The work should be conducted by a healthy person experienced in mold remediation adhering to good work practices for removing mold and mold damaged materials. The goal of the work scope should be to remediate the mold amplification in the areas described in the lab reports and others that may be discovered through additional testing or during renovation and repair. All debris should be removed in such a fashion as it does not spread mold spore around the other parts of the subject property. Some individuals or families may decide it is prudent to seek alternative residency to avoid potential health conditions that have been associated with these types of mold. Decisions regarding altemative residency are beyond the scope of most environmental consultants and should be made by the client/resident after reviewing this report with medical personnel who are familiar with the effects mold may have on humans who are also familiar with your medical history. If you or your family begins developing any symptoms that have sometimes been associated with mold, such as itchy eyes, skin rash, upper respiratory distress you should contact medical personnel who are familiar with the effects mold may have on humans and conduct additional testing. If you have any questions regarding this report please don't hesitate to call me at 717-582-9117. Sincerely, Jon Bosserman Certified Residential Mold Inspector #13620 IAQA- Indoor Air Quality Association ASPREI- LCRI #20050830 PA. DEP. Radon #2465 v ? ar o cq •d H. t- N 2 C', 0 ca T oo° to mo 'o4 ?p CL rm. an d ad tJ A ., ?p z ?zz 4 L n n Q cL. +'? d M r Y ?, Y 2 ? m 3 M o co , ?' Y ?O , O V ? t Q Y ?uj d V 3 ! ? Y O tD ?• ? V O M 9 M aY•" Y Y Y ram M Op N O ? v M W cr) ppyy 01 CO M ?U. O <- O J U to its t$li N "t i cti d cb r ? ? ? aa+ U CIO O ?1.V o E J ° s O G m . r+ 4 ? to +7 ? V G Nom = "' ...? g Q 3 ? c O 0 m a $ N n? N ro W E' x To 0 c? ??a ?.r 484~ O d1 prn? 4.NdN r? ? 21 ? v ? ? ? ? V / E? N Z? a agG+ C•) a ?zz w R co O YX? Q G IJ. ? ? p M U ef, GV r M` Y N M COD C%k Y GJ N CO) M ? ? O N cJ ? ? ? z z ? O o r_.... _....,....... c co N C4 M <• M s N •" N 4 a c V m? $ • ri a$ ? o . r ». 3y U . ?E ?' v E a3as a A m G t G C 0 Eli LL. o a? a 0 ° N O .?V a 'fl N ° ° N O t0 m E, O H " O ? O U a cu L Co o n ? °o E - C - CD ` C-a m? .a W N 7t a a ? C) X 1.7 aC, w co* E U CO m co > LL C d co O rn t co LO d m r ? a? a °o, It N O ?? U o? fl- oo 00 c N O 864 0 U 0`D\` f0 r r r www FAA t0 l0 co 000 t0 d d p Q m m N O 41 ? V ? Y t0 Cr1 O T O C M v- to hod .OIL R ;mz o0 3 ci E V w V 0 O Cl ti a Y ? 0 o m oho J L C N C O f0 ? 0 E Q?cn hi ?i E Za a Q L_ Q m m m E r v m U L LM ?.. p m v. m k C C a c 0 E Em CL E cc E CL 6 32 E 00 m B e Q m a 0 d v N 0 a a z ODD U AA CO co Q M O N rn (d a 00 E-1 04 2 z r-I 0 Q a M co p ? L4 O N 0 O fQ O o Un C) M b O ~ O O co C N N O O N X00 U ... Gp r- co !0 !0 /0 A GCO io dmoa coo S o V ce m Y t0 p O? M co Q0 E ?a to mz E o0 ?v 0 v V 0 m 0 Q a Y ? O p 0 O L C U O m C J > ? m < --;r co E? zM a a a v a E •c v a U E E a LM n ids, oa a 1111, e .- U 0 c c t n N V E E E t0 ? o m a > a ? u'i 0 a a. z ° m W rn 0 oQ co 0 N m c0 O. a 04 a. ? pa m r Ce) r- n c Qo 0 CV N O 0 aD = = ? l,r.r m00a ;I, CL m? o ? V Vrr c6 r- c? O ta ? r 0 ? m O U L? o r- J oe cn tll a • o G? LL P- O 3:, E 3 ` 'E 0 00 0 M N cC O- d c z rn m m i m v m u x m c m 'c E m c a m m 0 m 7 0 N 7 J N ?C a m m A-D O W N SanAir T hnoiogies Laboratory, _ c. 1551 Oakbridge Drive, B, Powhatan, VA 23139 804.897.1177 Toll Free: 888.895.1177 Fax 804.897.0070 Web: http://Www.sanair.com E-mail: iaq@sanair.com Name: Advance Look Address: 421 Losh Rd. Shermans Dale, PA 17090 Customer Job ID: 3903 Customer P.O.: 1-8-07 Customer Job Name: BarryHake Collected Date: 1/8/2007 SanAir ID Number 07000184 FINAL REPORT Received Date: 1/10/2007 10:10:00 AM Report Date: 1/10/2007 3:59:34 PM ORGANISM DESCRIPTIONS DANDER - Comprised of human and animal skin cells. May cause allergies. Counts may be higher in carpeted rooms and in rooms with more traffic. ALTERNARIA SPECIES - This genus compromises a large number of saprobes and plant pathogens. Outdoors it may be isolated from samples of soil, seeds, and plants. It is one of the more common fungi found in nature, extremely widespread and ubiquitous. Conidia are easily carried by the wind, with peak concentrations in the summer and early fall. It is commonly found in outdoor samples. It is often found in house dust, carpets, textiles, and on horizontal surfaces in building interiors. Often found on window frames. In humans, it is recognized to cause type I and III allergic responses. Because of the large size of the spores, it can be deposited in the nose, mouth and upper respiratory tract, causing nasal septum infections. It has been known to cause Baker's asthma, farmer's lung, and hay fever. It has been associated with hypersensitivity pneumoniti, sinusitis, deratomycosis, onychomycosis, subcutaneous phaeohyphomycosis, and invasive infection. Common cause of extrinsic asthma (immediate-type hypersensitivity: type 1). Acute symptoms include edema and bronchiospasms, chronic cases may develop pulmonary emphysema. Certain species of Altemaria have the capability to produce tenuazonic acid and altertoxin, both mycotoxins. ASCOSPORES - One of the major classes of fungal organisms. Ascospores are ubiquitous in nature and are commonly found in the outdoor environment. This class contains the "sac fungi" and yeasts. Some ascomycete spores can be identified by spore morphology, however, some care should be excercised with regard to specific identification. They are identified on tape lifts and non-viable analysis by the fact that they have no attachment scars and are sometimes enclosed in sheaths with or without sacs. Some fungi that belong to the ascomycete family are the sexual forms of Penicillium/Aspergillus, Chaetomium sp. and Pleospora sp. This group contains possible allergens, mycotoxin producers and opportunistic human pathogens. Rain and high humidity may rupture the ascus, dispursing the spores, which is why during these weather conditions there is a great increase in counts. ASPERGILLUS/PENICILLIUM - These spores are easily aerosolized and can cause a variety of symptoms including allergic reactions. Most symptoms occur if the individual is immunocompromised in some way (HIV, cancer, etc). Both Penicillium and Aspergillus spores share similar morphology on non-viable analysis and therefore are lumped together into the same group. Only through the visualization of reproductive structures can the genera be distinguished. Also included in this group are the spores of the genera Trichoderma, Acremonium, Verticillium and Paecilomyces. Small, round spores of this group lack the necessary distinguishing characteristics when seen on non-viable examination. BASIDIOSPORES - One of the major classes of fungal organisms. This class contains the mushrooms, shelf fungi, puffballs, and a variety of other macrofungi. They are agents of wood rot, which may destroy the structure wood of buildings, and have the potential to produce a variety of toxins. Members of this family produce type I and III fungal hypersensitivity reactions. It is extremely difficult to identify a specific genera of mushrooms by using standard culture plate techniques. Some basidiomycete spores can be identified by spore morphology; however, some care should be exercised with regard to specific identification. Spores disseminate during rain or in times of high humidity. Rarely reported as opportunistic pathogens. CHAETOMIUM SPECIES - It is considered part of the ascomycete group because its spores are released from a sac called an ascus. It is found on a variety of substrates containing cellulose including paper and plant compost. It can be readily found on the damp or water damaged paper in sheetrock. Several species nave been reported to play a major role in decomposition of cellulose made materials. These fungi are able to dissolve the cellulose fibers in cotton and paper, and thus cause these materials to disintegrate. The process is especially rapid under moist conditions. Chaetomium can produce type I fungal hypersensitivity and has caused onychomycosis (nail infections). Chaetomium species can also produce mycotoxins, one of which being chaetomin. CLADOSPORIUM SPECIES - The most commonly identified outdoor fungus. The outdoor numbers are reduced in the winter and are often high in the summer. Often found indoors in numbers less than outdoor numbers. It is a common allergen. It is commonly found on the surface of fiberglass duct liner in the interior of supply ducts. A wide variety of plants are food sources for this fungus. It is found on dead plants, woody plants, food, straw, soil, paint and textiles. Often found in dirty refrigerators and especially in reservoirs where condensation is collected, on moist window frames it can easily be seen covering the whole painted area with a velvety olive green layer. It can cause mycosis. Common cause of extrinsic asthma (immediate-type hypersensitivity: type 1). Acute symptoms include edema and bronchiospasms, chronic cases may develop Page 1 of 2 ,Sanair Tefhnologies Laboratory, ?C. 1551 Oakbridge Drive, Su., Powhatan, VA 23139 804.897.1177 Toll Free: 888.895.1177 Fax: 804.897.0070 Web: http://www.sanair.com E-mail: iaq@sanair.com Name: Advance Look Address: 421 Losh Rd. Shermans Dale, PA 17090 Customer Job ID: 3903 Customer P.O.: 1-8-07 Customer Job Name: Barry Hake SanAir ID Number 07000184 FINAL REPORT Collected Date: 1/8/2007 Received Date: 1/10/2007 10:10:00 AM Report Date: 1/10/2007 3:59:34 PM ORGANISM DESCRIPTIONS pulmonary emphysema. Some species produce a mycotoxin, epicladosporic acid, that acts in an immunosuppressive manner. Illnesses caused by this genus can include phaeohyphomycosis, chromoblastomycosis, hay fever and common allergies. EPICOCCUM SPECIES - A common allergen. It is found in plants, soil, grains, textiles, and paper products. Frequently isolated from air and occasionally occurs in house dust. Is a saprophyte and considered a weakly parasitic secondary invader of plants, moldy paper and textiles. Epicoccum is usually isolated with either Cladosporium species or Aureobasidium species. It produces the mycotoxins flavipin and epicorazine A&B. It also has the potential to produce type I fungal hypersensitivity reactions. PITHOMYCES SPECIES - Grows on dead grass in pastures and decaying plant material. Causes facial eczema in ruminants. It has the potential to produce the mycotoxin sporidesmin. SMUTS/MYXOMYCETESIPERICONIA - Smuts and Myxomycetes are parasitic plant pathogens and can produce type I fungal hypersensitivity reactions. There are occasions where Periconia have been implicated in mycotic keratitis, but this is a rare event. All three are typically grouped together due to their association with plants, the outdoors and because they share similar microscopic morphology. Page 2 of 2 C,. Disclaimers No final test reports shall be reproduced without written approval from SanAir Technologies Laboratory. SanAir Technologies Laboratory performs quality checks on all media and other materials provided to the client. Fungal or bacterial species identified on a field blank sample generally indicate contamination resulting from mishandling of the blank. S_anAir assumes no responsibility for the handling of the sampling materials during the sampling procedure. The client should evaluate the sampling protocol and make a decision as to whether or not the sampling should be repeated. Weather conditions during sampling should be taken into account during data interpretation. Air Cassette and Direct Identification The accuracy of the results of the analysis is dependent upon the method of sample procurement and the information provided to the laboratory by the client. SanAir Technologies Laboratory follows prescribed analysis techniques for the evaluation of Air Cassettes and the direct identification of particulate and microbiological contamination. SanAir assumes no Viable Air The accuracy of the results of the analysis is dependent upon the method of sample procurement and the information provided to the laboratory by the client. Viable air sampling should be performed by knowledgeable personnel in compliance with accepted microbial air sampling techniques. SanAir Technologies Laboratory follows prescribed analysis techniques for the evaluation and identification of viable microorganisms on plates supplied by our clients. SanAir assumes no Viable Swabs and Bulks The accuracy of the results of the analysis is dependent upon the method of sample procurement and the information provided to the laboratory by the client. Viable surface and bulk sampling should be performed by knowledgeable personnel in compliance with accepted microbial surface sampling techniques. SanAir Technologies Laboratory follows prescribed analysis techniques for the evaluation and identification of viable microorganisms on swabs or bulk samples supplied by our clients. SanAir assumes no responsibility for the sampling procedure and will provide evaluation reports based Subcontractors SanAir Technologies Laboratory does not generally use subcontractors for any analyses. If it becomes necessary to contract with a subcontractor to perform any analyses, SanAir clients will be notified in writing prior to the receipt of final reports. Modification of Test Methods Any modifications to the test methods or requested analyses will be disclosed in writing to clients. I of 3 l Interpretation of Air Cassette Reports No set standard has been set for the interpretation of air cassette analyses; however, there are some guidelines that are helpful when reviewing these reports. All indoor air samples must be compared to an outdoor reference sample. If an outdoor sample could not be obtained, then a sample from a non-complaint area should be used as the reference. Indoor air samples should have individual genus or group spore counts that are equal to or less than the reference sample. Counts that exceed those of the reference sample may be indicative of mold amplification indoors. Care must be taken in evaluating samples that are slightly lower or slightly higher than the reference sample. Extensive mold growth in an indoor environment may affect health and should be remediated promptly. For assistance in a remediation project you may consult the Institute of Inspection, Cleaning and Restoration Certification's (IICRC) S500 and S520 protocols. The S500 is a reference guide for water damage restoration and the S520 pertains specifically to mold remediation. Other standards and guidelines that affect Indoor Air Quality that may assist in remediation projects are ASHRAE (Standard 62.1, Standard 62.2, Standard 55) AIHA (Assessment, Remediation, and Post-Remediation Verification of Mold in Buildings) NADCA (ACR 2005) IESO (Standards of Practice for the Assessment of Indoor Air Quality) EPA (Mold Remediation in Schools and Commercial Buildings) New York City Dept. of Health (Guidelines on Assessment and Remediation of Fungi in Indoor Environments) Direct Identification Analyses Results for direct identification analy es are semi quantitative. Therefore, estimate results of rare, light, moderate, and heavy are provided instead of counts. The following table should aid in the interpretation of direct identification results. Rare No signs of active growth 1-100 spores Nom celial fragments Light Possible active growth 1 - 250 spores Some m celial fragments Moderate Probable active growth M celial fragments throughout 250 - 500 spores Heavy Significant active growth >500 spores M celial fragments throu hout Culture Analvses Identification of fungal colonies may not be possible if reproductive structures do not form. In this case, the colonies will be noted in the final report under "undifferentiated mold." Uncertainty of measurement for swab and bulk samples uses a step-by-step uncertainty calculation derived from the sample processing methods and the overall uncertainty of analysts. The following uncertainties for each analysis type are current and are updated quarterly. Air Culture : 0.2% Swab Culture : 1.2% Bulk Culture : 1.1% Ascwspores (except Chaetomium), basidiospores (mushrooms), and myxomycetes (plant pathogens) are typically not seen in culture analyses. Stachybotrys may be overgrown by fast growing genera such as Cladosporium, Aspergillus, and Penicillium and may never grow on media to a detectable level. 3 of 3 EXHIBIT D Fire 8, Water - Cleanup b Restoration' Low Information as" Hake 3903 Park Cir Camp Hill, PA 170114241 Home: (717) 737-1927 Work: Type-- Male Catme= Rant Leek claim v: Policy M Sompro of Camp Hill P.O. Box 277 Camp HiA, PA 17001 Phone (717) 737-gWa Fox (717) 737-0087 D Martmatt?verimn.net Taos to 20-116tia5? LOSS Statistics FFOIL Date =MW7 Loss Date: 2/21/2007 Company: Sell Pay Agent A*n tar. Estimator: Donald J Hartman 312h CafNadoM ROM Othet M"nq TOM Description Quamkv UOM Unit Price Total Tax OlP I Heath d, Safety Personal ProtediMe Equip. 25.00 SET 529.00 5725.00 T IU8ligstlprK 50.00 Strut2ure: $725-00 Restoration: $725.00 Contents: 50.00 Replacement: $0.00 Totat $725.00 Mpg C iom Room Offset Missing Totals Box Length: 11 it O in Widm; 9111t 0 in Heipttl: eft 0i" Description Quantity UQM Unit Price Total 'tax 01P 2 General Labor, Skilled - Hepa Vacuum 19.00 HR 552.50 $807,50 T (Nate: Hope and Clean Misc. Contents -16 hours in office. 3 hours it closet)) Aftigatiort_ $0.00 S&UCWrra- $987-50 Restoration: $997.50 Contents: $0.00 Replacement- $0.00 Total: $997.50 113"rioom 1 Calcutgtions Roam Otllset Missing Totem Box Length: 13 It sin wKtth: 9 ft o in Height; 5 ft O in Description 3 General Labor, Skiiied - Hepa Va cuum (Note: Hope & Clean Misc, Contents in Closet) Barry HW* Page 1 of 5 Ounntity UOM Unit Price -- 2.00 HR $52.50 (c) SEFtVPR0'v Inte" PrOpsrty, Irrc. _ Total Tax 0115 $105.00 T Thumday, Kw 31.2007 2:30 PM 2-al L04* ' 19L ' L T L ueula.ieH • N auuesnS d20 :20 LO IC Rew 4 General Labor, Skilled - Hepa Vacuum 14.00 HR $52.50 $735.00 T (Nob : mapa & Clean Misc. cwrowets - books, 3t9f w ownek. kno. small conten(s) 5 Clean Bed, Frama/Rails - Hepa Vacuum I .W EA $5.90 $6.90 T 6 Clean Sed. Heaeboard - Hepa Vacuum 1.00 EA 513.35 $13.35 T 7 Clean Book Case - Hepa vacuum 13.50 &F $1.13 $15.25 T a Clean Chair - Hapa Vacuum Wicker 1.00 EA $13.98 $13.96 T 9 Clean Crib, Baby - Hepa Vacuum 1.00 EA $18.45 $18.45 T 10 Clean Cftsser - Hepa Vacuum 2.00 EA $21.00 542.00 T 11 Chen Enomainment Getter - Heps Vacuum 1.00 EA $41.25 Sal 25 T 12 Clean Lamp Shade - Hopa Vacuum 1.00 EA $13.35 $13.35 T 13 Clean Lamp, SM - Heom vacuum Wicker 1.00 EA $15.00 $15.00 T 14 Clean MirW - Heps Vacuum 1.00 EA $15.00 $15.00 T 15 Clean Night Stand - Hepa Vacuum 1,00 EA $11.$5 $11.85 T 16 Clean Pictures - Hepa Vacuum 6.00 EA $5.85 $35.10 T 17 Clean Table, Occasional - Hepa Vacuum 1,00 CA 512.00 $12.00 T is Clean Tahwision, SM. Exterior - Hope Vacuum 1.00 EA $10.05 $10.05 T Mitigation: $0.00 - Stnuctunw.. $8410.00 Restoration: $1,103.54 Contents: 5263,54 Replacement: SO-00 Total: 51,103.54 agltmm halt Caka"icins Room Offset Missing Totals Box Length: aft Gin VA Mt: 5 ft Din Height: B ft 0 in 06%crotlon Quantity UOM Unit Price Total Tax O/P 19 General Labor, Skilled - Nepe Vacuum 3,00 HR $52.50 5157.50 T (Note: Hepa Vac & Clean Misc. Coreems) - Mitigation: $0.00 STOX* re: $157.50 Restoration: $157.50 Contents: $0,00 Replapoment: $0.00 Total_ $157.50 pgm ffllBR CaiuAatione Room Offset Messing Totals Box Length- 6 ft Gin WWr 4 ft 3 in tiOOM: aft 0 in Description Quantity UOM Unit Price Total Tax OlP 20 General Labor, Skilled - Hepa Vacuum 5.00 HR $52.50 $262.50 T (Note. Hepa & Clean Contents) - - OwIftaboff- s0-00 btructufe: $262.50 Restoration: 5262.50 Contents: $0.00 Replacement: $0.00 Total: 6262.50 BWTY Hake Page 2 of 8 (c) SERVPRCR InieaeMal Property, inc. ThunWay. Way 31, 2007 2:30 PM E-d LO*i-T9L-LTL uewaueH -W auuesng d20t20 LO Te sew Uvinla Ro.m Calle"iois PAM Ofleet Missing Totals Box Length: 19 ft 31n Width: 13 ft 3 in HeW. aft o in Description Quantity UOM Una Price Total Tax OR 21 Generei Labor. Spilled - Hepa Vamm 92AW HR $52.50 5630.170 T (Nate: He" & Clamor Mmc- Cements) 22 Clean Appliances - Hepa Vacuum 1.00 EA $24.75 $24,75 T (Note: Humidifier) 23 Clean Cabinet, Curia, Ip and Out - Hepa Vacuum 1.00 EA $30.00 $30.00 T 24 Clean Chap. Redvvw - H" Vacua" 1.00 EA 563.75 $63.75 T 25 Clean Chair. Upholstered, M - Hepa Vacuum 2.00 EA $52.20 $104.40 T Z6 Clean Clocks, Grandfather, External - Hepa Vacuum 1,00 EA 547.55 547.55 T 27 Cleary C Aecl ides - Hepa Vacuum 1.00 EA 53.75 53.75 T (Note: Rocking Horse) 28 Clean Drawer - Hepa Vacuum 1,00 EA S21.00 $21.00 T 29 Clean Lamp shade - Napa Vacuum 3.00 EA $13,35 540,05 T 30 Clean Lamp, MD - Hepa Vacuum 3.00 EA $1x,00 $54,00 T 31 Clean AAWW- Hepa Vacmarr 1.00 EA $15.00 315.00 T 32 Clean Ottoman - Hope Vacuum 1.00 EA M-00 533.00 T 33 Clean So%- Hepa Vacuum 1,00 EA $142.50 $142.50 T 34 Clean TabiP, Fnd - Hope Vacuum 3.00 EA $12.00 536,W T 35 Chen Table, Game - Hepe Vacuums 1.00 EA 522.50 $22.50 T (Note: TV Tray Table$ w1Sland) 36 Clean Table, Occasional - Hepa Vacuum 1.00 EA $12.00 $12.00 T 37 Clean Wall Hanging L.G - Heys Vacuum - - 2,00 E-AA $".00 $66.00 T Mitigation: $000 Structure- $63Q00 Restoration: $1,340.25 Convents: $71625 Replacement: $0.00 Total- $1.346.25 KNchert mina Cakulatiorm Room Offset Missing Totals Bast Length- 19 ft 6 in Width- 13 It 3 in Height- 8 ft O in Description 38 General Labor, Skilled - Hepa Vawum (Nate: Hope & Clean Misc. Bric "rac in Kitchen) 39 General Labor. Skilled (Note: Clean Dishes - Kitchen) 40 General Labor, Skilled -Antique 41 Clean Appliances. Small - Hepa Vacuum (NOW TOaster Oven) 42 Gleam Chair. Woad - Hope Vacuum 43 Clean Chair, Wood - Hepa Vacuum Wickor 44 Clow Cfedonxa - Hepa Vacuum 45 Cleary Microwave - Hspti Vacuum 46 Ckmn Refrtgeralw. F-Mener - HWS Veamm 47 Goan Table, Dining - Hepa Vacuum 48 Clean Table, Kitchen - Hepa Vacuum Barry Flake paw3af8 Quantity UOM Unit Price Total Tax O/P 2.00 HR 552,50 $105-00 T 12.00 HR $35.00 $420.00 T 4.00 HR SQ.00 $168-00 T 1.00 EA $9.75 $935 T 4.00 EA $10.50 54,100 T 3.00 EA $14.00 542.00 T 1.40 EA $28.88 s28,e9 T 1.00 EA $12.00 $12.00 T 1.00 EA 321.75 $21.75 T 1.00 EA $18.00 519.00 T 1.00 EA $15.00 $15.00 T (c) SERVPRC P Inteiiecttal Property, Inc. Thursday. Maly 31, 2007 2:30 PU *-d L044 - T9L -LTL ueUI24WH -N auuesnS det7 r20 LO Te sew 49 Clean Wall Hanging l.G - Hepa Vacuum 1.DD EA 533.00 633.00 7 - Miigatian_ $0.00 Shuabm' $663.00 Restoration: $915.38 Contents: $222.36 Replacement: $0100 Total: 591538 Fifnft Room Caltxtf'1121M Koom Offset Mal" Tolls BOX Offset DR 1 16 ft 6 in X 7 ft 9 im X a p pin Length: 16 ft 6 in Missing K/DR 1 1Z ft 61n X 7 ft Sin Width: 12 ft Bin Height: aft Din Description Quantity UOM Unit Price Total Tax O/P 50 Gwwml Labor. Skilled . Hops Vacuwn 11.00 HR $52.50 5577.50 T (Mote-- Hops 4 Clean Misc. Conlera) 51 Clean Book Case - He" Vacuum 20AC SF 51.13 $22.60 T 57 Clean Choir. Rocking - Hepa Vacuum 1.00 EA $15.75 $15.75 T 53 Clean Chair, Upholstered, L - Hepe Vacuum 2.00 EA 570-60 $141.00 T 54 Clean Entertainment Center- Hem Vwu mt 1.00 EA $41.25 $41-25 T 55 Clean tamp. Float - Hepa Vteetne n 1.00 EA $22.50 $22-50 T 50 Clean Sofa - Hepa vacuum 1.00 EA $142.50 $142.30 T 67 Clean stereo. Equip„ 1t deuior- Napa Vacuum 3.00 EA 512.00 $36.00 T 60 Clean Table - Hepa vacuum 1.00 EA 537.50 $37.50 T 59 Chen Table, End - Hope Vact#wn 2-00 FA $12-00 $24.00 T 60 Clean Table, Omasimal - Hapa Vacuum 1.00 Ea $12.00 $12.00 T 61 Chan Television. LG, Extr riot - Napa Vacuum 1.00 EA $33,75 $33.75 T Mitloa tim: 50,00 $tno"'. - $6".50 Restoration' $1.106.35 Contents: $528.85 Replacement: SO.00 Total: $1,106.35 Ma ftr BR Calcul ations Room O ffset Nksing Totals Boor W36ing Mew Mis 1 WA X PYA Length: 13 ft 4 in Width: 1111 O in Heigh: Oft O in Description 52 Gene0tl Labor. Skilled - Mope Varsruen _ (Nola: Me" 3 Cie" darn its - 5 hours Bedroom, 2 hams CWW) 63 Clean Bed. Headboard - Hepe Vacuum 64 Clean chow. Upholstered, S - Hepa Vacutmn 65 Clean Chest, Metal - Hepa Vacuum (Note: Sale) 66 Clean Dresser - Hope Vacuum 67 Clean Lamp Shade - He" Vacuum 65 Clean F arnp, MD - Hepa Ywmaft 6! Clean M11hror - Mesa Vacuum 70 Clean Table, End - Hepa Vacuum 71 Clean T*Wftlon. MD, Exterior - Hope Vacuum Be" Hake Ptga 4 of* titWlly U0M Unit Pdw TOW Tax CwF 7.00 HR $62.50 £387.50 T 1.00 EA $13.35 $13.36 T 1.00 CA $45-00 $45,00 T 1.00 EA $15.00 $15.00 T 2,00 EA $21.00 $42.00 T 1.00 EA 513-35 513.35 T 1.00 EA $18.00 $I&OD T 1.00 FA 515.00 $15.00 T 1.00 EA 512.00 $12.00 T 1.00 EA $14.25 $14.25 T (c) SERVPRCP kttellectuad Propart)r, Inc. Thue"W, May 31, 2047 2:94 PM S-d LDi?r'T9L'LIL uew2JeH -W auuesnS dco:zO LD IE ReW . .. .. ..... .. _ ... Mf?tiolt: 50.00 &t+*xltise: 8367.60 Restoration: $555.45 Contents: $187.95 Replacement: $0.00 Total: $555.45 Hall Cowations Room Ofh4et M1861irg Totals L S taped Length 1: 14 ft Bin Width 1; 3 ft Gin Length 2: 4 ft O in WOW 2- 3111 Q O in Height: aft o in Description Quantity UOM Unit Price Total Tax OlP 72 General Labor, Skilled - He" Vacuum 2.00 HR $52.50 $105.00 T (Moto: HWa & Oean Hall Chet Contents) lM 6pation: $0.00 stnxmx _ $105.00 Restoration: $105.00 Contents: $0.00 Replacement: $0.00 Total: $105.00 iBedMm 2 Calculations Roan offset missing Totals BOX Length: 11 ft 0 in Width: l O ft O in Height; aft 0 in Descr iption Quantity UOM Unit Price Total Tart O/P 73 General Labor. Skilled - Heps Vacuum 92.00 HR $52.50 $630.00 T (Nolo: Hope & Clean Misu: Contents) 7s Clean Bed, Footboard- HVa Vacawm 2.00 EA $11-85 $23,70 T 75 Clean Bed, FramefRaib - Hapa Vacuum 2.00 EA $5.90 $13.80 T 76 Clean 9ed, Headboard - Hepa Vacuum 2.00 EA 513-35 $26.70 T 77 Clean Chair, Wood - Hope Vacuum 2.00 EA $10,50 $21.00 T ltd Clean Chest, Cedar, Hope - Hope Vacwm 1.00 EA 323.03 $23.03 T 78 Clean Desk, Small - Mesa Vacs M 1.00 Eli $12.75 $12.75 T 80 Clean Dresser - Hepa Vacuum 1.00 EA $21.00 $21.00 T 81 Clean Pic turns - Napa vacuum 12.00 EA $5.85 $70.20 T li lac: 50-00 Stncckarrr: $630.00 Restoration: $842.18 Contents; $212.18 Replacement; 50.00 Total: $842.18 L A9>ItftROOM Cakxdwions Room OBsat Missing Totals S= Length: 23 fl 10 in Width 7111 Sin Height: 8 ft 0 in Description Quantity U_OM Unit Price 82 General Labor, Skilled - Hope Vacuum 5.00 N_R 552.50 (Mote: Hops & Clean Drw4ver Caddy w/a8 Orama s & Cordents) terry Hake Page, 5 of $ tc) SERVPRCP linallectual Property, Ina. Total Tax O/P 5262.50 T - Thumday, May 31, 2007 2:34 tart 9 - d L044 ' 19L ' L I L uerua.leH • N auuesnS dEO t 20 LO T E ReN 83 Gmlend Labor. Skilled - Heps Vatartmt 8.00 HR $52.50 $420.00 T (Note: Hepa & Clean Misc. Contents) IIIIA Clean Shelving - Hepa Vacuum 2.00 EA $6.75 $13.50 T (Note: Ckahes Drying Radcs) as Clean Cabinet: Fliktg, 2 DR - Hope vacuum 200 EA 112=0 $24.00 T 66 Clean Chair, Upholstered. L - Hepa Vacuum Large 1.00 EA $".60 x.60 T (Note: Bench Seat to Van) 87 Clean Chair. Wood - HP* Vacwm 2.00 EA 51050 521.00 T 98 Clean Dresser - Hel t vacuum 1.00 E?A $21.00 521.00 T 89 Clean Dryer, Exterior - Hepa Vacuum 1.00 EA $15.45 $15.45 T 90 Clean Table - Hepe Vacuum 1,00 EA $37.50 537.50 T (Note: Work Tabb) EM Clean Table, Game - Hepa VactKn? 2.00 CA $22.50 $45.00 T (Note: Air Hockey Games) 92 Clean Washer, E=xterior- Hepa vacuum 1.00 EA $18.00 $18.00 T 11114%p tion: 50.00 Structure: $6106=0 Restoration: $W2.55 Contents: $266.55 Replacement: 160.00 Total, S"2.55 Calculations Room ONsxt Missing Tolats Box Length; 19 ft Sin Vt"h: 26 It Sin t knight 4 ft O in Description Quantity VOM Unit Price Total Tax O/P $3 General Labor, Skilled - Hepa Vacuum 24.00 HR $52.60 $1126000 T (Note: Hepa 8 Clean Lumberr Tubs, Saw Horses, Sleds, Wagon, Stnowtnan, Baskets, Coolers, Table, Bookcase, Various Misc. Contents) 94 Clesn Window Screen, 10 -20 sf - Hepa Vacuum 4.00 EA $11.25 $16.00 T 9S Clean Appiiarmes - Hepa Vaeuu m 100 EA 524.75 $7425 T 96 Glenn 8ivrde - Hips Vactmm 100 EA $33.75 $101.25 T 97 Clean Chest, Cedar, Hope - Hope vacuum Antique 2.00 EA $26.10 $52.20 T 98 Clean Fan - Hapa Vacuum 1.00 EA 517,25 $17.25 T 99 Clean Fire Pkwe Accessories - Heim Vacuum 1,00 SET 521.00 $21.00 T 100 Clean Furniture, Outdoor - Hepe VeCLUM 6.00 EA $22.50 $135.00 T 101 Clean Lamp, Floor - Hepa Vacuum 1,00 SA 322.50 $22.50 T 102 Clean Wall Hanging LO - Hepa Vacuum 2.00 F-A 333-00 $66.00 T (Nose: Swordfish, Maria) motion: $0.00 StruebA*' $1,305.00 Restoration: $1,794.45 Contents: $489.45 Replooement: 50,00 Total: $1,794.45 RMN 91lon-Niim C 1i;%Jptions Room Oftat Missing Totals Cathedral Ceiling Length: 19 ft 10 in Width: 119111 6 in Height t: NIA Height 2: S ft O in Description Quantity UOM Unit Price Total Tax O/P Barry Hake Past 6 of B (t:) SFRV¢RCR InWileetwal Property. hw- ThOM410y, N" 31, 2007 2.30 PM 1--d LO** ' T 9L ' L T L uetuzueH -W auuesnS d*o t z0 LO T E Sew 103 Clean Appliances, Small - Hepa VacuWrl 1.00 EA $9.75 $9.75 T (note: Shredder 7Ds Clean Cabbw, Storage. EtdWW- Hepa Vacuum 1.00 FJ\ S1B.13 516.17 T (UM: Ctrtid`s Play Hutch) 105 Clean Chair- tlepa Vacuutt 2.00 Flt $tD.4S $20.9t3 T 1013 Clean Chest. Metal - Hw Vacuum 1.00 EA 51500 Z15= T (Note: Sate) 107 Clean Clothes Hamper- wcpa Vpcuum 1.00 EA $18.00 518.00 T 100 Clean Compiler System, EA*rfor- Hope Vacuum 1.00 EA .79 $37.79 T too Clean Desk, Medium - ? vacuum 2.QD EA $ 51918.60 $.37.20 T 110 Clean Ironing Board - Hepa Vacuum 1.00 EA $9.00 $9.00 T 111 Clean Lamp, Floor - Helm Vacuum 1.00 EA 522.50 $22.50 T 112 Clean Wall Hanging MD - Hepe Vaeutan 9.00 EA $21.00 $168.00 T Mftgetnwr so= Strucb". 50.00 Restoration: 5349.35 Contents: $349.35 Replacement: $0.00 Total: $348.35 Attie CafeumRions Roan O tlset Missfng Totals Cathedral Ceiling LergM: 20 ft 0 in Width: 13 ft sin Height 1. N/A Height 2: Sit O in Description Quantity l1OM unit Prim Total Tan O/P tt$ t3eeserel L abet, Std>Ied - Hepe Yawtsm 30.00 HR 552.50 57,575.00 T (Note: Hepa & Clean Contents) Mitigation: $0.00 SbVdure: $1,575.00 Resfor0wr- $1.575.00 ConOeM: $0.00 Replacement: $0.00 Total: $1,575.00 Barry Make Page 7 of 8 (t:) SERVPRd& Intellectual Property, inc. Thursday, May 31, 2007 2.30 PM B'd L044'T9L'GTL uewzueH •W auuesnS d*0:20 G0 TE Rew Uffrimm TOM1s -- Structure: 59,561.50 Contents: 53,238.50 =Total, 512.798.00 Overhead: $10.00 Pfom: SOHO 01P Total: $0.010 Non Taxable: $0.00 Taxable: $12,798.00 Sub Total: $12,798.00 8.00% Series Tax; 5767.88 Total: $13,MAII Deductible NOT COLLECTED: Barry Maker Thursday. May 31.2007 Pap $ of 8 tc3 SEFZV'Rals Intellectual Property. Inc. 2:30 PM 6'ol L044'T941LTL uewzueH •W auuesnS d*o:zo LO TE sew EXHIBIT E Bi Tek F r-" Building Contractors Inc. 1039 W Trindle Rd Mechanicsburg, Pa 17055 (717) 697-1889 Fax (717) 697-4151 ESTIMATE NAME / ADDRESS DATE ESTIMATE NO, Barry Hake 3903 Park Circle 3/12/2007 23709 CampHill, Pa 17011 Draw ITEM SCOPE OF WORK RATE QTY TOTAL Demo -Remove all contents from interior of house. Mold abatment contractor will keep only the 6,200.00 6,200.00 cleanable items (cleanable items will be listed at later date ) Demo -Demo all floor coverings in house 3,300.00 3,300.00 Demo -Demo all drywall on ceilings and insulation 5,800.00 5,800.00 Demo -Demo all drywall on interior walls, insulation, trim and tile on bathroom walls 8,200.00 8,200.00 Demo -Demo existing HVAC unit and all duct work 5,400.00 5,400.00 Demo -Demo all shingles, roof sheathing 4,500.00 4,500.00 Roof repair -Install new roof sheathing and new 30yr art. shingles 13500.00 13,500.00 NOTE: At this stage the mold abatement contractor will clean or treat remaining interior structure HVAC -Install new HVAC unit and all duct work 30230.00 0,230.00 Insulation -Blow insulation in attic R-38 3,600.00 3,600.00 Insulation -Install new R-19 in all exterior walls 6,700.00 6,700.00 Drywall -Install new 1/2" drywall on all ceilings, walls and finish 12600.00 12,600.00 Painter -Paint interior walls and all trim I coat primer 2 coates wall color 6,800.00 6,800.00 Remod -Install new base trim, casing and handrail in interior of house 7,200.00 7,200.00 Flooring -Install new floor covering in interior of house 13700.00 13,700.00 Windows -Install new window treatments in interior of house 8,100.00 8,100.00 Remod -Install new 5' tub with surround (material and labor) 4,100.00 2 8,200.00 Temp. H... -Temp. housing during construction 150.00 160 4,000.00 Int, conte... -Replace 2 sofas, 6 chairs 5,900.00 5,900.00 Int conte... -Replace 2 queen and 2 full bed sets 4,000.00 4,000.00 Kitchen -Remove existing cabinets, counter tops, the back splash and re-install. Must remove to replace 14800.00 14,800.00 existing mold and water damaged drywall Storage -Temp. storage of pre- cleaned interior contents 8,000.00 8,000.00 Storage -Temp. storage of cleaned items during construction 4,000.00 4,000.00 Moving F... -Moving Fee 12000.00 12,000.00 HVAC -Replace existing base board 5.50 200 1,100.00 Kennel fee -Kennel Fee (rabbits during construction) 25.00 160 4,000.00 Electric -Remove existing cloth wiring in house and relpace 4,200.00 4,200.00 Electric -Remove existing plasma and re-install 325.00 325.00 Mold Re... -Mold removal and interior items cleaned ( Mold Contractor Sub Servpro } 28359.00 8,359.00 Remod -Replace interior hollow core doors and hardware, material and labor 175.00 18 3,150.00 NOTE: Any prep work for any court matters will be bill as $75.00 per hour Visit us at: www.bitekinc.com or on the BBB web site TOTAL $257,864.00 0 3 -29 2L136. SIGNATURE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiff CIVIL ACTION NO. o7 a407 V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant TRIAL BY JURY DEMANDED VERIFICATION We, Barry and Nancy Hake, verify that the statements made in the forgoing document are true and correct to the best of our knowledge and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: -G 2 2? a 7 Dated: G? 21-41 Barry Hake N ncy H 7- 11 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiff CIVIL ACTION NO. 07-2207 V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I, Janet E. Bush, hereby certify that I am on this day serving a copy of the Complaint upon the person(s) and in the manner indicated below: Regular U.S. Mail to: Dean's Roofing Dennis R. Wright 98 East Creek Rd. Newburg, PA 17240. J t E. Bush, Paralegal Date: - 3 12 fi'' C3 w., ? . ? -? ? _v ? :) ? ,. ? "i i ..?, .. -i'ti? ? .? . c . .? ,, j _ ?..?'? s..? ^-?: "'/ . (.n? Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com BARRY HAKE and NANCY HAKE, Plaintiffs V. DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, ; Defendant APPEARANCE NO. 07-2207 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this Zel 4-day of August, 2007, enter the appearance of C. ROY WEIDNER, JR., I. D. 19530, on behalf of Defendant in the above captioned suit. JOHNSON, DUFFIE, STEWART & WEIDNER C. Roy Weidner, Jr. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :308684 5774-524 CERTIFICATE OF SERVICE W AND NOW, this day of August, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: Michelle H. Spangler N 77 IT, R3 ,gym w Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com BARRY HAKE AND NANCY HAKE, Plaintiffs V. NO. 07-2207 CIVIL ACTION - LAW DENNIS R. WRIGHT, d/b/a DEAN'S ROOFING, JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: BARRY HAKE AND NANCY HAKE, Plaintiffs c/o Elizabeth Saylor, Esq. 3800 Market Street camp Hill, PA 17011 AND NOW, this 30th day of August, 2007, you are hereby notified to file a written response to the enclosed Preliminary Objections within 20 days of the date of service hereof or judgment may be entered against you. // 1, By. W Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r. C. Roy W idn rVy I.D. No. 1 5 Wade D. MaAttorney I . D. No. 87244 Johnson, Duffle, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I. D. No. 19530 Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendants BARRY HAKE AND NANCY HAKE, Plaintiffs V. DENNIS R. WRIGHT, d/b/a DEAN'S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2207 CIVIL ACTION - LAW ROOFING, JURY TRIAL DEMANDED Defendants DEFENDANT'S PRELIMINARY OBJECTIONS TO THE PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Dennis R. Wright d/b/a Dean's Roofing, by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C. and file these Preliminary Objections to the Plaintiff's Complaint by respectfully stating the following: 1. This matter was commenced in this Court via the filing of a Complaint on August 10, 2007. A copy of the Plaintiffs' Complaint is attached hereto as Exhibit "A". 2. The Plaintiffs allege that they contracted with the Defendant to put a nee roof on their residence. See, Exhibit "A", 13. 3. The Plaintiff has asserted three (3) counts setting forth her theories of liability including: Count I - Breach of Contract; Count II - Unjust Enrichment; and Count III - Negligence. See, Exhibit "A". 1. PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P. 1028(a)(4) - LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) 4. Paragraphs 1-3 of the Defendants' Preliminary Objections are incorporated herein by reference. 5. Pennsylvania Rule of Civil Procedure 1028(a)(4) states, "Preliminary Objections may be filed by any party to any pleading and are limited to the following grounds:... (4) legal insufficiency of a pleading (demurrer)." Pa.R.C.P. 1028(a)(2). 6. The Plaintiff alleges that the Defendant is liable for both negligent work when installing the roof and for breaching the contract to install the new roof. 7. As a practical matter, the "gist of the action" doctrine precludes plaintiffs from recasting ordinary breach of contract claims into tort claims. Freestone v. New England Loo Homes. Inc., 819 A.2d 550 (Pa.Super. 2003). 8. When a plaintiff alleges that the defendant committed a tort in the course of carrying out a contractual agreement, the court must examine the claim and determine whether the "gist" or gravamen of it sounds in contract or tort. Id. 9. The "gist of the action" test, which determines if plaintiffs action in tort is actually a contract claim, is not limited to discrete instances of conduct; rather, the test is, by its own terms, concerned with the nature of the action as a whole. Id. 10. In the instant matter, the negligence action is in reality clearly only a contractual claim and the negligence action should be dismissed as legally insufficient WHEREFORE, the Defendant respectfully request that this Honorable Court strike Count III of Plaintiffs' Complaint with prejudice. IL PRELININARY OBJECTION PURSUANT TO Pa.R.C.P. 1028(a)(2) - FAILURE OFA PLEADING TO CONFORM TO LAW OR RULE OF COURT 11. Paragraphs 1-10 of the Defendant's Preliminary Objections are incorporated herein by reference. 12. Pennsylvania Rule of Civil Procedure 1021(b) states, "Any pleading demanding relief for unliquidated damages shall not claim any specific sum.." Pa.R.C.P. 1021(b). 13. The prayer for relief in Plaintiffs' Complaint demands $311,335.45 as totaled from the alleged roof repairs, mold remediation and medical treatment required in paragraphs 27-29, 32-34, 43, and 47. See, Exhibit "A", ¶Q 27-29, 32-34, 43, and 47. 14. Plaintiffs have violated Pa.R.C.P.1021(b) with their prayer for relief. Pa. R. C. P.1021(b). WHEREFORE, the Defendants' respectfully request that this Honorable Court strike the prayer for relief and paragraphs 27-29, 32-34, 43, and 47 of Plaintiffs' Complaint with prejudice, or in the alternative, require the Plaintiffs to file an amended pleading. Respectfully submitted, By: JOHNSON, DUFFIE, STEWART & WEIDNER ?),A C. Roy Wei do r, Jr. I.D. No. 195 Wade D. Ma le Attorney I.D. o. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 :308824 gib-,-? l? ?? HUU 24 2007 10:38 FR HRRLEYSVILLE . `.-? TO 17177613015 P.06i15 LAW OFFICES OF PETER J. RUSSO, P.C. 13Y: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor0 pjrlaw.com Attorneys for Plainfiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiff V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant CIVIL ACTION NO. 07-2207 TRIAL BY JURY DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. RUG 24 2007 10 39 FR HRRLEYSVILLE TO 17177613015 P.07i15 THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-349-3166 1$00990-9108 a RUG 24 2007 10:39 FR HARLEYSVILLE TO 17177613015 P.08i15 x LAW OFFICES OF PETER J. RUSSO, P.C. BY. Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsayior@pjrlaw.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiff V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant CIVIL ACTION NO. 07-2207 TRIAL BY JURY DEMANDED COMPLAINT Plaintiffs, Barry and Nancy Hake (hereinafter collectively the "Hakes"), by their attorneys the Law Offices of Peter J. Russo, P.C., for Plaintiffs' Complaint states: 1. Plaintiffs, Barry and Nancy Hake, are husband and wife residing at 3903 Park Circle, Camp Hill, PA 17011, 2. Defendant, Dennis R. Wright (hereinafter "Wright"), is a roofing contractor doing business as Dean's Roofing having an address of 98 East Creek Rd. Newburg, PA 17240. 3. In or about April 2003, Plaintiffs contracted with Defendant for Defendant to put (1) a new thirty (30) year ARCH shingle roof, (2) a rolled ridge vent, and (3) a new weather shield onto their home located at 3903 Paris Circle, Camp Hill, in exchange for 3 4 AUG 24 2007 10:39 FR HARLEYSVILLE TO 17177613015 P.09i15 Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00). A true and correct copy of the Statement indicating said contract is attached hereto as Exhibit A. 4. On or about April 18, 2003, a check was written to the Defendant in the amount of Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00) as compensation for the services Plaintiffs and Defendant contracted for. A true and correct copy of the check is attached hereto and incorporated herein as Exhibit B. 5. The contracting work was performed by Dean's Roofing in April 2003. 6. in or about May 2003 Plaintiffs discovered a mark on their living room ceiling which they traced to a leak in the attic. 7. Upon said discovery, Barry Hake contacted Wright and informed him of the discovered leak. 8. Wright informed Barry Hake that he would come to the Hake's home to investigate the reported leak. 9. Soon thereafter, Bany Hake encountered Wright. 10. Barry Hake informed Wright that he believed there were now two (2) leaks. 11. Wright informed Barry Hake that Dean's Roofing's roofs do not leak. 12. In or about May 2003 Wright came to the Plaintiffs' home and alleged to have fixed the leaks. 13. In the winter of 2003 and 2004 the Hakes again noticed that the roof was leaking upon snow fall. 14. Bart' Hake contacted agents of Dean's Roofing on several occasions to inform them that the roof was leaking. 4 RUG 24 2007 10:39 FR HARLEYSVILLE TO 17177613015 P.10i15 15. Agents of Dean's Roofing Informed Barry Hake that the leaks were caused by the snow fall, which was normal. 16. Around June of 2004 agents of Dean's Hoofing came to the Hake's home and again alleged to have fixed the leaks. 17. The Hakes thereafter noticed further markings in their home. 18. Barry Hake informed Wright and other agents of Dean's Roofing that the roof was still leaking. 19. Wright and his agents informed Barry Hake that the damage was from the previous leaks in the roof. 20. In or about this time the Hakes believed that there was mold growth in their home. 21. Upon Barry Hake's continued contact regarding the damage, Wright informed Barry Hake to get the interior marks painted or patched and send him the bill. 22. Barry Hake Informed Wright that the problem was not the interior marks but that the roof oontinued to leak, Wright told Hake to report the problem to Hake's homeowners insurance. 23. Upon further conversation, Wright informed Barry Hake to contact Wright's insurance carrier. 24. The Hakes have sought to have their roof repaired but have had difficulty finding a contractor willing to attempt to repair the damage. 25. In or about the summer of 2006, Barry Hake began suffering from sinus related problems such as shortness of breath, headaches, bloody noses, and mood swings. 5 AUG 24 2007 10:39 FR HARLEYSVILLE TO 17177613015 P.11i15 26. Barry Hake has had to receive medical treatment, including regular shots for mold, mites, and dander. 27. Said shots cost Twenty Two Dollars ($22.00) per shot. 28. As. of April 1, 2007, the Hakes' medical expenses for mold related symptoms were Three Thousand Thirty Six Dollars ($3,036.00). 29. Barry Hake receives the aforementioned shot once per week, which he will likely need for approximately three (3) years ($3,432.00), followed by biweekly shots for two (2) to six (6) years thereafter ($3,432.Oa). 30. On or about January 10, 2007, the Hakes hired Servpro to have a mold report done. 31. Said report indicates that "mold growth has developed due to active roof leakage possibly coming from Improper counter fleshings, improper valley (lashings, improper vent flashing and step flashing around the chimney." The report concluded that "Some of the molds found have been known to cause allergic, pathogenic or toxic reactions In humans... and recommends that the Hakes 'conduct additional testing to develop a cohesive clean up plan." A true and correct copy of the mold report is attached as Exhibit C. 32. Servpro provided a Mold Removal Estimate of Thirteen Thousand Five Hundred Sixty-Five Dollars and Eighty-Eight Cents ($13,565.86). A true and correct copy of the Mold Removal Estimate is attached hereto as Exhibit D. 33. On or about March 12, 2007, the Hakes had a Contracting Estimate performed which yielded a cost of Two Hundred Fifty Seven Thousand Eight Hundred 6 AUG 24 2007 10:40 FR HARLEYSVILLE TO 1717?513015 P.13i15 r"'1 a) as he and/or his agents improperly installed the roof; and b) as he and/or his agents damaged the roof during installation. 41. As a direct and proximate result of Defendant's breach, the roof began to leak, causing significant damage to Plaintiffs' home, which has negatively impacted their and their son's health. WHEREFORE, Plaintiffs claim damages from Defendant in an amount in excess of Three Hundred and Eleven Thousand, Three Hundred and Thirty-Five Dollars and Forty-Five Cents ($311,335.45) plus interests, costs and any other appropriate damages. COUNT iI- UNJUST ENRICHMENT 42. The Plaintiffs reallege the allegations set forth hereof and incorporate them herein by reference as fully as though set forth herein at length. 43. Plaintiffs gave Defendant Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00) in exchange for the roofing services set out in the contract attached as Exhibit A. 44. The contracting services were Improperly performed by Defendant and/or his agents. 45. The roof continued to leak and cause further damage to the Hake's home and health. 46. Defendant, despite repeated notice, has failed to successfully repair the roof or remedy the damage caused therefrom. 47. Defendant has not returned any of Plaintiffs' Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00). 8 AUG 24 2007 10:40 FR HARLEYSVILLE TO 17177613915 P.14/15 • rte. ? WHEREFORE, Plaintiffs claim damages from Defendant in an amount in excess of Three Hundred and Eleven Thousand, Three Hundred and Thirty-Five Dollars and Forty-Five Cents ($311,335.45) plus interests, costs and any other appropriate damages. COUNT II- NEGLIGENCE 48. The Plaintiffs realiege the allegations set forth hereof and incorporate them herein by reference as fully as though set forth herein at length. 49. Plaintiffs contracted with Defendant to perform the services set forth in Exhibit A. 50. Defendant had a duty to perform said services in a workmanlike manner. 51. As a contractor, Defendant further had a duty to complete the roof replacement without leaks. 52. Defendant breached that duty as: a) he and/or his agents improperly installed the roof; and b) he and/or his agents damaged the roof during installation 53. As a result, the roof began to leak, causing significant damage to Plaintiffs' home, which has negatively impacted their health. WHEREFORE, Plaintiffs claim damages from Defendant in an amount in excess of Three Hundred and Eleven Thousand, Three Hundred and Thirty-Five Dollars and Forty-Five Cents ($311,335.45) plus interests, costs and any other appropriate damages. 9 RUG 24 2007 10:40 FR HARLEYSVILLE TO 17177613015 P. 151,15 Respectfully submitted, LAW O IC PETER J. RUSSO, P. . Peter J. Russo, Esquire Attorney I.D. No. 72897 John N. Papoutsis, Esquire' Attorney I.D. No. 70312 Scott A Stein, Esquire Attorney I.D. No. 81738 Elizabeth J. Saylor, Esquire Attomey I.D. No. 20013 Attomeys for Plaintiff 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile; (717) 591-1756 10 c TOTAL PAGE.15 ** HUG 24 2007 10.3$ PR HARLEYSVILLE TO 17177613015 P.05i15 .y LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Teiephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: isaylor0pjdaw.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiff V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant CIVIL ACTION NO. 07-2207 TRIAL. BY JURY DEMANDED CERTIFICATE OF SERVICE 1, Janet E. Bush, hereby certify that l am on this day serving a copy of the Complaint upon the person(s) and in the manner indicated below: Regular U.S. Mail to: Dean's Roofing Dennis R. Wright 98 East Creek Rd. Newburg, PA 17240. Date: ? - 3 -d? 12 a_ 0 - -j3lg?? J t E. Bush, Paralegal CERTIFICATE OF SERVICE AND NOW, this 3& day of August, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth Saylor, Esq. 3800 Market Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: C n Jensen CERTIFICATE OF SERVICE AND NOW, this 30th day of August, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth Saylor, Esq. 3800 Market Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: C n Jensen r-a ? v .-i y?.. ? s?... ? r,? _ ?? _n a xs -r ? ?7 ?.- c?:; cox ?.. ...t-? -,-, ?'????. _. _ rn C:? LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiff V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant CIVIL ACTION NO. 07-2207 TRIAL BY JURY DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth, in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 2 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isayfor@pjdaw.com IN THE COURT OF COMMON .PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiff CIVIL ACTION NO. 07-2207 V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant TRIAL BY JURY DEMANDED FIRST AMENDED COMPLAINT Plaintiffs, Barry and Nancy Hake (hereinafter collectively the "Hakes"), by their attorneys the Law Offices of Peter J. Russo, P.C., for Plaintiffs' Complaint states: 1. Plaintiffs, Barry and Nancy Hake, are husband and wife residing at 3903 Park Circle, Camp Hill, PA 17011. 2. Defendant, Dennis R. Wright (hereinafter `Wright"), is a roofing contractor doing business as Dean's Roofing having an address of 98 East Creek Rd. Newburg, PA 17240. 3. In or about April 2003, Plaintiffs contracted with Defendant for Defendant to put (1) a new thirty (30) year ARCH shingle roof, (2) a rolled ridge vent, and (3) a new weather shield onto their home located at 3903 Park Circle, Camp Hill, in exchange for 3 Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00). A true and correct copy of the Statement indicating said contract is attached hereto as Exhibit A. 4. On or about April 18, 2003, a check was written to the Defendant in the amount of Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00) as compensation for the services Plaintiffs and Defendant contracted for. A true and correct copy of the check is attached hereto and incorporated herein as Exhibit B. 5. The contracting work was performed by Dean's Roofing in April 2003. 6. In or about May 2003 Plaintiffs discovered a mark on their living room ceiling which they traced to a leak in the attic. 7. Upon said discovery, Barry Hake contacted Wright and informed him of the discovered leak. 8. Wright informed Barry Hake that he would come to the Hakes' home to investigate the reported leak. 9. Soon thereafter, Barry Hake encountered Wright. 10. Barry Hake informed Wright that he believed there were now two (2) leaks. 11. Wright informed Barry Hake that Dean's Roofing's roofs do not leak. 12. In or about May 2003 Wright came to the Plaintiffs' home and alleged to have fixed the leaks. 13. In the winter of 2003 and 2004 the Hakes again noticed that the roof was leaking upon snow fall. 14. Barry Hake contacted agents of Dean's Roofing on several occasions to inform them that the roof was leaking. 4 15. Agents of Dean's Roofing informed Barry Hake that the leaks were caused by the snow fall, which was normal. 16. Around June of 2004 agents of Dean's Roofing came to the Hakes' home and again alleged to have fixed the leaks. 17. The Hakes thereafter noticed further markings in their home. 18. Barry Hake informed Wright and other agents of Dean's Roofing that the roof was still leaking. 19. Wright and his agents informed Barry Hake that the damage was from the previous leaks in the roof. 20. In or about this time the Hakes believed that there was mold growth in their home. 21. Upon Barry Hake's continued contact regarding the damage, Wright informed Barry Hake to get the interior marks painted or patched and send him the bill. 22. Barry Hake informed Wright that the problem was not the interior marks but that the roof continued to leak, Wright told Hake to report the problem to Hakes' homeowners insurance. 23. Upon further conversation, Wright informed Barry Hake to contact Wright's insurance carrier. 24. The Hakes have sought to have their roof repaired but have had difficulty finding a contractor willing to attempt to repair the damage. 25. In or about the summer of 2006, Barry Hake began suffering from sinus related problems such as shortness of breath, headaches, bloody noses, and mood swings. 5 26. Barry Hake has had to receive medical treatment, including regular shots for mold, mites, and dander. 27. Said shots cost Twenty Two Dollars ($22.00) per shot. 28. As of April 1, 2007, the Hakes' medical expenses for mold related symptoms were Three Thousand Thirty Six Dollars ($3,036.00). 29. Barry Hake receives the aforementioned shot once per week, which he will likely need for approximately three (3) years ($3,432.00), followed by biweekly shots for two (2) to six (6) years thereafter ($3,432.00). 30. On or about January 10, 2007, the Hakes hired Servpro to have a mold report done. 31. Said report indicates that "mold growth has developed due to active roof leakage possibly coming from improper counter flashings, improper valley flashings, improper vent flashing and step flashing around the chimney." The report concluded that "Some of the molds found have been known to cause allergic, pathogenic or toxic reactions in humans...", and recommends that the Hakes "conduct additional testing to develop a cohesive clean up plan." A true and correct copy of the mold report is attached as Exhibit C. 32. Servpro provided a Mold Removal Estimate of Thirteen Thousand Five Hundred Sixty-Five Dollars and Eighty-Eight Cents ($13,565.88). A true and correct copy of the Mold Removal Estimate is attached hereto as Exhibit D. 33. On or about March 12, 2007, the Hakes had a Contracting Estimate performed which yielded a cost of Two Hundred Fifty Seven Thousand Eight Hundred 6 Sixty Four Dollars and Zero Cents ($257,864.00). A true and correct copy of the Contracting Estimate is attached hereto and incorporated herein as Exhibit E. 34. The Contracting Estimate does not include the costs of interim housing, which is estimated to cost One Hundred Fifteen Dollars and Zero Cents ($115.00) per day for approximately six (6) months ($20,987.50). Nor does the Contracting Estimate include the cost of moving and storage which is estimated at Nine Thousand Eighteen Dollars and Seven Cents ($9,018.07). 35. The Hakes believe and therefore aver that: a. the leaks in their roof were directly caused by Dean's Roofing contractor error; b. the mold growth was directly caused by the leaking roof; c. Barry Hake's health problems have been directly caused by the mold growth; and d. future health problems related to the mold infestation are likely for the Hakes. COUNT I - BREACH OF CONTRACT 36. The Plaintiffs reallege the allegations set forth hereof and incorporate them herein by reference as fully as though set forth herein at length. 37. On April 18, 2003, Plaintiff entered into a contract with Defendant attached hereto as Exhibit A. 38. As a contractor, Defendant had a duty to complete the work for which Plaintiff contracted in a workmanlike manner. 39. As a contractor, Defendant further had a duty to complete the roof replacement without leaks. 40. Defendant breached said contract: 7 a) as he and/or his agents improperly installed the roof; and b) as he and/or his agents damaged the roof during installation. 41. As a direct and proximate result of Defendant's breach, the roof began to leak, causing significant damage to Plaintiffs' home, which has negatively impacted their and their son's health. WHEREFORE, Plaintiffs claim damages from Defendant in an amount in excess of the mandatory arbitration amount plus interests, costs and any other appropriate damages. COUNT II- UNJUST ENRICHMENT 42. The Plaintiffs reallege the allegations set forth hereof and incorporate them herein by reference as fully as though set forth herein at length. 43. Plaintiffs gave Defendant Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00) in exchange for the roofing services set out in the contract attached as Exhibit A. 44. The contracting services were improperly performed by Defendant and/or his agents. 45. The roof continued to leak and cause further damage to the Hakes' home and health. 46. Defendant, despite repeated notice, has failed to successfully repair the roof or remedy the damage caused therefrom. 47. Defendant has not returned any of Plaintiffs' Three Thousand Three Hundred Forty Dollars and Zero Cents ($3,340.00). 8 WHEREFORE, Plaintiffs claim damages from Defendant in an amount in excess of the mandatory arbitration amount plus interests, costs and any other appropriate damages. COUNT III- NEGLIGENCE 48. The Plaintiffs reallege the allegations set forth hereof and incorporate them herein by reference as fully as though set forth herein at length. 49. Plaintiff put Defendant on notice of the water infiltration problem. 50. Defendant promised to investigate said problem. 51. Defendant promised to have repaired said problem. 52. Based on Defendant's promise to repair, Defendant did not hire another professional to make the necessary repairs. 53. Water infiltrated Plaintiffs' house on a continuous basis despite Defendant's promise to repair. 54. Defendant failed to perform his promise to repair. 55. As a result of Defendant's failure to repair, mold has spread throughout Plaintiffs' home, causing a) damage to Plaintiffs' house, and b) Mr. Hake to develop sinus and respiratory health problems. WHEREFORE, Plaintiffs claim damages from Defendant in an amount in excess of the mandatory arbitration amount plus interests, costs and any other appropriate damages. 9 Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Scott A Stein, Esquire Attorney I.D. No. 81738 Beth J. Saylor, Esquire Attomey I.D. No. 20013 Attorneys for Plaintiff 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 10 EXHIBIT A 2.269 6 STATEMENT DATE TERMS T ADD ESS ?Q..?? a ?Oil%d t L:?,?atc*A-U Y O IN NT WI i ^4? L4 3:? nca? ---- ---------- _ ?,n_, « nn EXHIBIT B 4 TUNE WAY BERLL'V, LID 21811 'a?t5'2 ° ? c^ S ut.?'8 ostaa??oe DATE ME OftOER OF • °Aylor 5o Plus -Q - '? "" •• PAMY J?1IMO 2:0S2LOLOL2l:2 LOG 0SL401, S306u; 41,0000 34000... 1:0 5 2 i0 i0 ?r r p 0 S L too L S 30 g?!' FrEisia c -3L2000,44, - F•?-3?'HILA??MIXED • dgd0'??354 03 S 00????tt?? L??3i?02 5v4 g?;4g?r?ta;?,,-&9?80 310 lg31 HO £TOOfIZT£ ; .; 06201 ?c"'"402 „ , CIsi252Q0C 3 . . I ref 000 - - - 2 Do Co 1-7 Hccount:514u153u6, Item:0, Amount: $3,340.00, Date:04/25/2003 1/19/2007 Taylor Bank Page 10 of 12 Account:514015306, Item:0, Amount: $3,340.00, Date:04/25/2003 EXHIBIT C ? F San.Air Technologies Laboratory t Am sis 1• ?' . 141 J Mr'1!t'en''?a"" e`?iC:t'1 ? 5 r F, 1 ti Y ??NS y ? .p ! i:. ?- ' ? preparec?? for ? 1 ? `?, v4 Y y? 4 :i F 2 v y a ? 'S. a' 1 r. 7y V 51 f r A+?a?ioe l.?co 1 y i t~-?' y i?jFa?? +?r:'(?? •; y ti { MC?,t?Y'.t T?k ! y h y.,. { ? s ! l:; yr . a?•?t.,, tyti?' n a ? ti, ? y r ;t•? y Syr,, w t? ,wi a ? , k i? y; y r d ,y s }h V , t 'J ,i J t ? Y y ?? ?! I !'? 11' J{ ` ? ,h y~y! !KN !Y'? '? 1f } t.i% ? 1. ? 1 l? ' (,1.. Report Date: 1110/2007 Jo Name: Barry Hake Job 0: 3903 SanAlr IDM 7000184 Texas Aneyxia ALABORATORY ?ued Labmby EMPAT/ 162862 CetLAktmn t 852&11 Lkeroe i LAOMW 804.897.1177 www.sanair.com . SanAir T f iologies Laboratory( 1551 Oakbridge Drive, ?6uae B, Powhatan, VA 23139 804.897.1177 Toll Free: 888.895.1177 Fart 804.897.0070 Web: http:/twww.sanair.com E-mail: laq@sanakoom Advance Look 421 Losh Rd. Sherman Dale, PA 17090 January 10, 2007 SanAir ID # 07000184 Client Job Name: Barry Hake Client Job Number. 3903 Dear Jon Bosserman, We at SanAir would like to thank you for the work you recently submitted. The 4 sample(s) were received on Wednesday, January 10, 2007 via FedEx The final report(s) is enclosed for the following sample(s): #1, #2, #3, #4. These results only pertain to this job and should not be used in the Interpretation of any other job. It was a pleasure doing business with you. Keep In mind that if you have any questions, please do not hesitate to call us. Thank you again for your business. Sincerely, Stephen Hayes, BSMT (ASCP) Vice President, Operations SanAir Technologies Laboratory enclosures: - Air Cassette Analysis - Disclaimers and Additional Information sample conditions: 4 sample(s) in Good condition Advance Look Building Inspections & Environmental Testing' Barry Hake 3803 Park Circle Camp Hill, Pa. 17011 Date: 01112/2007 Dear, Mr. Hake Per your request, or the request of your representatives, an inspector from our office has personally inspected the above described su*d property and extracted samples for mold in accordance with the standards established by the Indoor Environmental Standards Organization (IESO) for Level One and Level Two mold assessments. The purpose of the testing is to ascertain the presence of mold in the air at the first floor, second floor and at the third floor of the home. Only Air samples were taken at the request of the client Air samples were taken from the first floor, second floor and third floor of the subject property. These samples were extracted using a vacuum pump with Air-O-Cell cassette slide impactors. Samples were extracted in accordance with the methodology as prescribed by the IESO (Indoor Environmental Standards Organization) The laboratory results indicate the presence of the following molds: Altemaria, Ascospores, Aspergillus/Penicdliium, Basidiospores, Chastomium, Cladospodum, Epicoccum, Pithomyces, Smuts/Myxomycehm/Periconia, and unidentified Conidia. The research regarding some of these molds is very limited and the relationship to human illness, toxic response or allergic reaction has not been clearly defined. According to IESO (Indoor Environmental Standards Organization) and ACGIH (American Conference of Governmental Industrial Hygienists) "Bioaerosols Assessment and Control' the presence of, Ascospores, Aspergilius/Penicllium, Chaetomium, in air samples are "indicator organisms for potential moisture and mold sources. Based on the level of spores found in the air, it does appear potential amplification existed at the time of sampling, on all floors tested. Some of the molds present can produce toxins and most are allergens. 421 Losh Road Sherman Dale, PA 17090 (717) 582-9117 (717) 582-0117 fax C^? Fin in s: Mold growth has developed due to active roof leakage possibly coming from improper counter fleshings, improper valley fleshings, improper vent flashing and step flashing around the chimney. The chimney also has joints loose and flaking, sacks, voids and spalling joints. Recommend further review, repairing, or replacing all areas of the roof where leaking is occurring. The ceiling in the living room measured 100% moisture when tested with moisture meter. In order for mold to grow it needs food, heat and moisture. The leaks supplied the moisture. The cellulose laden building material supplied the food. ceiling Conclusions Some of the molds found have been known to cause allergic, pathogenic or toxic reactions in humans according to researchers. Altemaria can produce toxins according to researchers especially at low temperatures. AspergIllualPeniciliium is a large group of molds with species known to be toxic and or allergenic according to researchers. According to Gravenson, Frlsvad, and Samson Microbiologists, Researchers and Mycotoxicologist in "Microfungi published by Munksgaard Press 2001 "Cladosporium has the ability to sporulate heavily" they also describe Cladosporlum as an "important airway allergen which together with Aitemaria, cause asthma and hay fever". According to the American Air Quality Council the following is a synopsis of an EPA statement regarding the effects of hazardous and toxic substances; the affects of hazardous materials on an individual are sub act to the duration and intensity of the exposure as we# as the individual healM and personal habits. It is not uncommon for molds of this type to be found in homes where leakage has occurred. EPA, CDC and the Vermont Department of Health to date have not established any PEL (permissible exposure level). The levels of staining and moisture at finished surfaces of the areas tested indicate water leakage from the roof. Roof valley Recommendations Conduct additional testing to develop a cohesive clean up plan. If the subject property is remediatod without additional testing the following strong recommendations should be followed. These recommendations are a thumbnail description of how remediation work should be conducted and are not Intended to be construed as complete specification for the remediation requirements of this home. Complete remedlation techniques must be determined by the individual or company conducting the remediation work only after review of this and any subsequent Indoor air quality reports and their field inspection. In areas that component removal or alteration is contemplated we strongly recommend appropriate testing be conducted to identify the presence or absence of substances like lead paint, asbestos, etc. I recommend the client conduct measures that will arrest and prevent water infiltration into wall, ceiling and floor areas and conducting appropriate cleaning of all areas affeected. The remediation should, at a minimum, include removal of the affected areas of sheetrock and insulation or other porous wall ceiling or floor materials where visible mold or enzyme staining is present. Removal should Include not only areas with visible staining or enzyming, but those areas that are immediately adjacent as well. Isolate roans and floor with protective plastic (critical barriers) and remove debris directly to exterior. Scrub the entire house with a broad spectrum biocide, thoroughly vacuum the entire house and replace finishes. Have all the heating ducts professionally cleaned. 24 hours after containment or plastic barriers have been removed thoroughly vacuum the entire house with a HEPPA vacuum. The work should be conducted by a healthy person experienced in mold remedlation adhering to good work practices for removing mold and mold damaged materials. The goal of the work scope should be to remediete the mold amplification in the areas described in the lab reports and others that may be discovered through additional testing or during renovation and repair. All debris should be removed in such a fashion as it does not spread mold spore around the other parts of the subject property. Some individuals or families may decide it is prudent to seek aitemative residency to avoid potential health conditions that have been associated with these types of mold. Decisions regarding alternative residency are beyond the scope of most environmental consultants and should be made by the cilent/resident after reviewing this report with medical personnel who are familiar with the effects mold may have on humans who are also familiar with your medical history. If you or your family begins developing any symptoms that have sometimes been associated with mold, such as itchy eyes, skin rash, upper respiratory distress you should contact medical personnel who are familiar with the effects mold may have on humans and conduct additional testing. If you have any questions regarding this report please don't hesitate to call me at 717-582-9117. Sincerely, Jon Bosserman Certified Residential Mold Inspector#13620 IAQA- Indoor Air Quality Association ASPREI- LCRI #20050830 PA. DEP. Radon #2465 O, H Co O r*.., ?. O U C- 0 ^a ..i..i C J N O V. C a: g u ?mm (3) ? I s? a ? Q ?a T L ? co 0 m CA m C ? O Lo T T T v? A V V V T a H N mp z? V a .= ? Q ?ZZ!? C9 T r T ??- T W T ` ?N? 3 3 cm ? Z Z Z ? ?$? a S T N sf Va $ 1? ?- P e9 V T N e0 'a, . d E ' M IB T a i x Z Z Z x V ?r e+f N N N n> E ..? c? Z' 5s E oa a E?E_-''? a? E o U) a r? >o?t? 03?m W atnt- All 4- 0 m a r O 0 N O rl \ ? 3 a? r- 0 O N O rl m m a rn rn Co r4 M C C " O 0a oo c`g, e ? c 0 CU ?CV) ti?~ R $ go ?`a8 OCG. r?? m 0 >a 00 pp ? O gg?? a n, a ?Z V v a V m 9 s ?- t]L. ? c s 32 r 6 16 a ? m J .2 m .LmQ m m c c? 3 m a E m c a m m d m m E ° m J m c m m c? w 0 a rn c? a N' co E.4 co ai N' Cl, O ? ao°•. 0. U C 0 ca 0 _Q CU LL oL O ? C w ?mcq 7E3 j T T CU 0 VJ LO LO CO r i m a °o 32 O ? T Q? p !? U T M o8o° c° C ?aa 8 T- T T 0 l 10 V 0 Is C? oil- A S 3 E 5 0 J .s vi m m CV) R? a o. ?z o am ?v o v ? v 0 CL Y 8-6? 0 C O CJ ma Q w M O N N m a o Co a A O " O Lam' A m O a o v? m a o?U p? tph 32 C 000 O O N N ?OOl9 QQ?? O Y M m C3 ? s? 0 0 ca o J g CO Ng ::t g 0 = u. ?. ? 0 °' rn Lb R C- co a? ~ n 8 a _ L of to J ? gi = J p, C 1+ JJ > e- m (T3 ?L ° aC%J n cn L m m ? c- 0 v 'a Q a ¦ to V. j3 LE E 3 at 13 g o n !?Up E W ? o 8 m m I 0 9 s E CN .o roa m r LD 0 m H m M 4- 0 co a) cm m a f . SanAir T(rf ologies Laboratory, nc 1551 Oakb fta Drive, B, Powhatan, VA 23139 804.897.1177 Toll Free: 888.895.1177 Fax: 804.897.0070 Web: httpJ/www.canair.com E-mail: iaq@sanair.com Name: Advance Look Address: 421 Losh Rd. Shermans Dale, PA 17090 Customer Job ID: 3903 Customer P.O.: 1-8-07 Customer Job Name: Barry Hake SanAir ID Number 07000184 FINAL REPORT'. Collected Date: 1/8/2007 Recehred Date: 1/10/200710:10:00 AM Report Date: 1/10/2007 3:59:34 PM DANDER - Comprised of human and animal skin cells. May cause allergies. Counts may be higher in carpeted rooms and in rooms with more traffic. ALTERNARIA SPECIES - This genus compromises a large number of saprobes and plant pathogens. Outdoors it may be isolated from samples of soil, seeds, and plants. it is one of the mjrhe mon fungi found In nature, extremely widespread and ubiquitous. Canidfa are easily canted by the wind, with peak cations in the summer and early fall. t is commonly found in outdoor samples. It is often fourxi in house dust, carpets, and on horizontal surfaces in building interiors. Often found on window frames. In hurnans, it is reoognized to cauand Il size of the spores, it earl be deposited in the nose, mouth and uppatory been known to cause Baker's asthma, farmer's lung, and hay fevebeen sinusftis, d is, onychomy , subcutaneous phaeohypsis, and invasive in mon cause of na (r mmm extrinsic edlate-type hypersensitivity: type 1). Acute symptoms rriptoms Include edema and bronchiospasms, chronic cases may develop pulmonary emphysema. Certain species of Alter'naria have the capability to produce tenuazonic acid and aftertoxln, both myooto)dns. ASCOSPORES - One of the major classes of fungal organisms. Asoospores are ubiquitous in nature and are commonly found In the outdoor environment This due contains the "sec fungi" and yeasts. Some asoornycete spores can be identified by spore morphology, however, some care should be ext erdsed with regard to specific identification. They are Identified on tape lifts and non-viable analysis by the fad, that they have no attachment scars and are sometimes enclosed in sheaths with or without sacs. Some fungi at belong to the ascomycets family are the sexual forms of Penicilfium/Aspergilius, Chaetomium sp. and Pleospors sp. This group contains possible allergens, mycotoxin producers and opportunistic human pathogens. Rain and high humidity may rupture the ascus, dispursing the spores, which is why during these weather conditions there is a oreat increase in counts. ASPERGILLUS/PENICILLIUM - These spores are easily aerosolized and can cause a variety of symptoms including allergic reactions. Most symptoms occur if the individual is immunooompromised in some way (HIV, cancer, etc). Both Penicillium and As us spores share similar morphology on non-viable analysis and therefore are lumped together into the same grou . OMy th rough the visualization of reproductive structures can the genera be distinguished. Also included in this group are t e spores of the genera Trichodem?a, Acremonlum, Vertic Burn and Paedlomyces.Small, round spores of this group lack tills necessary distinguishing characteristics when seen on non-viable examination. BASI{710SPORES - One of the major classes of fungal organisms. This class contains the mushrooms, shelf fungi, puffballs, and as variety of other macrofungi. They are agents of wood rot, which may destroy the structure wood of buildings, and have the to produce a variety of toxins. Members of this family produce type I and 111 fungal hypersensitivity reactions. It is e 91y dlfficxtit to identify a specific genera of mushrooms by using standard culture plate techniques. Some basidlomyc ete spores can be Identitled by spore morphoiogy,• however, some care should be exercised with regard to specific identification. Spores disseminate during rain or In times of high humidity. Rarely reported as opportunistic pathogens. CHAETOMIUM SPECIES - It is considered part of the ascomycete group because its spores are released from a sac called an ascus. it is found on a variety of substrates containing cellulose indudin? paper and plant compost it can be readily found on the damp or water damaged paper in sheeti?oclc. Several spedes have been reported to play a major role in decomposition of cellulose made materials. These fungi are able to dissolve the cellulose fibers in cotton and paper, and thus cause these materials to disintegrate. The process is especially rapid under moist conditions. Chaetomium can produce type I fungal hypersensitivity and has caused onychomycosis (nail infections). Chaetomium species can also produce mycotoxins, one of which being chaetomin. CLADOSPORIUM SPECIES - The most commonly identified outdoor fungus. The outdoor numbers are reduced in the winter and are often high in the summer. Often found indoors in numbers less than outdoor numbers. It is a common allergen. It is commonly found on the surface of fiberglass duct liner in the interior of supply ducts. A wide variety of plants are food sources for this fungus. It is found on dead plants, woody plants, food, straw, soil, paint and textiles. Often found in dirty refrigerators and especially in reservoirs where condensation is collected, on moist window frames it can easily be seen covering the whole painted area with a velvety olive green layer. It can cause mycosis. Common cause of extrinsic asthma (immediate-type hypersensitivity: type 1). Acute symptoms include edema and bronchtospasms, chronic cases may develop Page 1 of 2 .SanAir Tefh,. _ )fogies Laboratory, ?-nc 1551 Oakbridge Drive, Sr,..., Powhatan, VA 23139 804.897.1177 Toll Free: 888.895.1177 Fax: 804.897.0070 Web: http://www.sanair.com E-m ll: iaq@wnaU.com Name: Advance Look Address: 421 Losh Rd. Shermans Dale, PA 17090 Customer Job ID: 3903 Customer P.O.: 1-8-07 Customer Job Name: Barry Hake SauAir ID Number 07000184 FINAL PMoRT Collected Date: 1/8/2007 Received Data: 1/10/2007 10:10:00 AM Report Data: 1/10/2007 3:59:34 PM DRGANIS-N, D SCRIP I IONS pulmonary emphysema. Some species produce a mycotoxin, epicladosporic acid, that acts in an immunosuppressive. manner. illnesses caused by this genus can include phaeohyphomycosis, chromobiastomycosis, hay fever and common allergies. EPICOCCUM SPECIES - A common allergen. It is found in plants, soil, grains, textiles, and paper products. Frequently isolated from air and occasionally occurs in house dust. Is a sa rophyte and considered a weakly parasitic secondary invader of plants, moldy Paper and textiles. Epicomm is usuati isolated with either Cladosportum species or Aureobasiddum species. t produces the mycotoxins flavipin and epicorazine A&B. It also has the potential to produce type I fungal hypersensitivity reactions. PITHOMYCES SPECIES - Grows on dead grass In pastures and decaying plant material. Causes facial eczema in ruminants. it has the potential to produce the mycotoxin sporidesmin. SMUTS/MYXOMYCETESiPERICONIA - Smuts and Myxomycetes are parasitic plant pathogens and can produce I fungal hypersensitivity reactions. There are occasions where Periconla have been Implicated in mycotic keratitis, but this is a rare event. M three are typically grouped together due to their association with plants, the outdoors and because they share similar microscopic morphology. Page 2 of 2 Disclaimers No final test reports shall be reproduced without written approval from SanAir Technologies Laboratory. SanAir Technologies Laboratory performs quality checks on all media and other materials provided to the client. Fungal or bacterial species identified on a field blank sample generally indicate contamination resulting from mishandling of the blank. evaluate the sampling protocol as to whether or not Weather conditions during sampling should be taken into account during data interpretation. Air Cassette and Direct Identification ! The repeated. The accuracy of the results of the analysis is dependent upon the method of sample prouremerrt and the information provided to the laboratory by the client Soo Technologies Laboratory *&M prescribed analysis techniques for the evaluation of Air Cassettes and the direct identification of particulate and n*roblo Mkml contamination. SaAAir aamm The accuracy of the results of the analysis is dependent upon the method of sample procurement and the iniahnation provided to the laboratory by the client. Viable air sampling should be perfommed by knowledgeable personnel in compliance with accepted microbial air sampling techniques. SanAlr Tedurobgies Laboratory follows prescribed analysis techniques for the evaluation and identification of viable microorganisnts on plates supplied by our clients. S Mk ausimme no V-Iabie swabs and Bulks The accuracy of the results of the analysis Is dependent upon the method of sample procurenent and the information provided to the laboratory by the client Viable surface and bulk sampling should be performed by knowledgeable personnel in compliance with accepted microbial surface sampling techniques. SanAlr Technologies Laboratory follows prescribed analysis techniques for the evaluation and identification of viable microorganisms on swabs or bulk samples supplied by our clients. lSwhAlr assumas no mmnnnajMR#v far Om amm Hou% n.r.... Asa- -...I -A' -AA- ---I ..?ae? Subcontractors SanAir Technologies Laboratory does not generally use subcontractors for any analyses. If it becomes necessary to contract with a subcontractor to perform any analyses, SanAlr dents will be notified In writing prior to the receipt of final reports. Modification of Test Methods Any modifications to the test methods or requested analyses will be disclosed in writing to clients. t of 3 t ti Interpretation of Air Cassette Reports No set standard has been set for the interpretation of air cassette analyses; however, there are some guidelines that are helpful when reviewing these reports. All indoor air samples must be compared to an outdoor reference sample. If an outdoor sample could not be obtained, then a sample from a non-complaint area should be used as the reference. Indoor air samples should have individual genus or group spore counts that are equal to or less than the reference sample. Counts that exceed those of the reference sample may be Indicative of mold amplification indoors. Care must be taken in evaluating samples that are slightly lower or slightly higher than the reference sample. Extensive mold growth in an indoor environment may affect health and should be remedlated promptly. For assistance in a remediation project you may consult the Institute of Inspection, Cleaning and Restoration Certification's (IICRC) S600 and S520 protocols. The S600 is a reference guide for water damage restoration and the S620 pertains specifically to mold remediation. Other standards and guidelines that affect Indoor Air Quality that may assist in remediation projects are ASHRAE (Standard 62.1, Standard 622, Standard 55) AIHA (Assessment, Remediation, and Post Remediation Verification of Mold in Buildings) NADCA (ACR 2005) IESO (Standards of Practice for the Assessment of Indoor Air Quality) EPA (Mold Remediation in Schools and Commercial Buildings) New York City Dept of Health (Guidelines on Assessment and Remediation of Fungi in Indoor Environments) DkW Identification Analyses Results for direct identification analyses are semi quantitative. Therefore, estimate results of rare, light, moderate, and heavy are provided instead of counts. The Mowing table should aid In the interpretation of direct identification results. Rare No signs of active growth No cdW frawrtents 1-100 spores Light Possible active ertts 1- 250 spores Moderate Probable active !lam throu hout 250 - 500 spores Heavy Significant active growth celai fragments th roe out '500 s res po Culture Analyses Identilication of fungal colonies may not be possible If reproductive structures do not form. In this case, the colonies will be noted in the final report under "undifferentiated mold' Uncertainty of measurement for swab and bulk samples uses a step-by-step uncertainty calculation derived from the sample processing methods and the overall uncertainty of analysts. The following uncertainties for each analysis type are current and are updated quarterly. Air Culture : 0.2% Swab Culture : 1.2% Bulk Culture : 1.1% Ascospores (except Chaetomium), baskiiospores (mushrooms), and myxomycetes (plant pathogens) are typically not seen in culture analyses. Stachybotrys may be overgrown by fast growing genera such as Cladosporium, Aspergiilus, and Penicillium and may never grow on meIia to a detectable level. 3 of 3 EXHIBIT D Firm & Water - Cleanup 6 Restoration" Loss Information Barry HAD 3903 Park Or Camp Hill, PA 170114241 Home: (717) 737-1927 Type: Nbld claim 0: Palfcy #: Work: CALM- Roof teak Servpro of Camp Hill P.O. Sox 277 Camp Mil, PA 17001 Phone (717) 737-11096 Fox (717) 73740187 O Martmenaveriaw.net Tax 10 20-116oW Loss Stedstics FMOL Dads: 21218007 Lou Dare: 212112007 Company. Self Pay Agent Adjustor: Estimator: Donald J Hartman Sk& C2k3112tlorts Roots O tset Missing Totals D°BO io^ Ousniky UOM Unit Price Total Tat O/P 1 Meath a Safety Personal Protective Equip. 25.00 SET 529.00 372t'i.00 T MlOti0n: $0.00 Stnxxure: $725A0 Restoration: $725.00 Contents: $0.00 PAWO x?rrtent: $0.00 Totat $725.00 Offte Calculations Room Offset Missing Totals, Box Length: 11 ft 6 in Width: 9 R 0 in Height: a ft 0 in Description Quantity UpM Unit Price Total Tax O/P 2 General Labor, Skilled • Heps vacuum 19.00 HR _ $52.50 $997,50 T (Note: Haile and Clean Misc. Contents -16 hours in oftt s, 3 hours in doeol)) lAitlgatlorC $0.00 Sbvdu% $997.50Y Restoration: 5997.50 Contents: $0.00 Replacement: 50.00 Total: $997.50 8"rom- 1 Calculations Roan Offset Aftsing Totals Boor Length: 13 ft a in Width: 9 it 0 in Height: aft O in Description 3 Ganeratl Labor Skilled - Hope Vacuum (Note: Hwa & dean Misc. Contents in Closet) Barry Hake Pape 1 of 6 Quantify UOM Unit Price Total Tax OM 2.00 HR $52.50 $105,00 T (c) SERVPRE& InW#gFk a! Property, inc, Thursday, May 31, 2007 2:30 PM 2 - of LD** ' 19C -L11- Letuz.jeu 11-1 auuwcnO .J?r, . , - - 4 General Labor, Skilled - Hepa Vacuum 14.00 MR $52.50 $735,00 T (NO Mega Si Clean Misc. Contents - books, stuffed animals. kite. smog contents) 5 Clean Sed, Frame/Rails - Hepa vacuum 1.00 EA S6.90 $6.90 T B Clean Bed, Hew*oard - Hope vacuum 1.00 EA $13.35 $13.35 T 7 Clean Book Case - Hops vacuum 13.50 Sr $1.13 $15.28 T 8 Clean Chair - Hope Vacuum Wicker 1.00 EA $13.98 $13.98 T 9 Clean Cdb, Baby - Hepa Vxuum 1.00 EA $18.45 $18,48 T 10 Clean Dresser - Hope vacuum 2.00 EA 521100 542.00 T 11 Clean Eettertainment Center. Hope Vacuum 1.00 EA $41.25 541,25 T 12 Clean Lamp Shane - Hope Vacuum 1.00 EA $13.35 $13,36 T 13 Clean Lamp, SM - Hepa vacuum W)ckot 1.00 EA $15.00 $15.00 T 14 Clean Mirror - Hepa Vacuum 1.00 • EA $15.00 $15,00 T 15 Clean Night Steed - He" Vacuum 1.00 EA 511.85 $11.85 T 16 Clean Pictures - Hepa Vacuum 6,00 EA $5.a5 $35.10 T 17 Clean Table, Occasional. Hope Vacuum 1,00 EA 512.00 $12.00 T 18 Clean TeImAsion, SM, Exwrior - Hepa Vacuum 1.00 EA $10.05 $10.05 T Mitipation: $0.00 Structure.- $SO.00 Reslandlon: 51,103.54 Contents; 8263.54 Replacement- 50.00 Total: 51,103.54 il3irthroNOe>F Hall Calculations Room Offset Missing Totals Box Length: 6 tl Gin VAdih: 5 ft o in Height., Oft O in Description Quantity UOM Unk Price Total Tax OP 19 Lieneral labor, SkMed - He" Vacuum 3.00 HR $52.50 $157.50 T (Note: Hope Vac a Clean Misc. Contents) Mitigation: 60.00 Stwure. $157.50 Resloration: $157.50 Contents: $0.00 Replacement: $0.00 Totat $157.50 MKMM M Cakwlationa Room Offset Missing Totals Box t.sngth: 6 ft Gin Wktth: Ain 3 in HeiW: OR O in Description Quantity UOM unit Price Total Tex O/P 20 General labor, 1 ikd - Hera Vacuum 5,00 HR $52.30 $282.50 T (Note: Hepa & Clean Contents) Mi on: SOHO Stricture: $262.50 Restoration: 5262.50 Contents: $0100 Replacement: $0.00 Total: $262.50 Barry Hake Page 2 of B (c) SERVPR O lnteueetuat Property, ina. Thursday. May 31, 2007 2.30 PM E'd GD4?'I9L'LIL uewaueH -u auuesnc d?n.7r1 ,n T? moo, i I-MM R KWn Cak:ulations 'zoom Outset Missing Totals Box Length: 19 ft 31n Wkfth: 13 ft 3 in HeWd* aft 0 in Description Quantity UOM Unit PHce Total Tax OM 29 General Labs, Skilled . Hop Vacuum 12.00 HR $52.50.. Sf30.00 T _ (Nate: Ham & Clow Miac. Contents) 22 Clean Appliances - Hepa Vacuum 1.00 EA $24,75 $24,75 T (Note: Humidifier) 23 Clean Cabinet, Curro, In and Out - Heps Vacuum 1.00 EA $30.00 $30.00 T 24 Clean Chat. Recliner - Hope vacuum 1.00 EA 56315 $63.75 T 25 Clean Char. Upholstemd, M - Hops Vacuum 2.00 EA 952.20 $104.40 T 26 Clean Clocks, Grandfather, External - Hope Vacuum 1.00 EA 547.55 $47.55 T 27 Clean Collectibles - Hepa Vacuum 1.00 EA $3.75 53,75 T (Note: Rocking Horse) ze Clow Dresser - Hepa Vacuum 1.00 EA 521.00 $21.00 T 29 Clean tamp ShWe - Hope Vacuum 3.00 EA $13,35 $40,05 T 30 Clean Lamp, MD - Hepa Vacuum 3,00 EA 516,00 $54,00 T 31 Clean Mirror- He" Vacuum 1.00 F-A 515.00 $15.00 T 32 Clean Ottoman - I-laps Vacuum 1.00 EA 533.00 SUM T 33 Chen Sofa - Hope Vacuum 1.00 EA $142.50 $142,50 T 34 Clean TabMu, Fnd - Haan Vacuum 3.00 EA 512.00 SM.00 T 35 Clean Table, Game - Hapa Vacuum 1.00 EA 522.50 122.50 T (Note: TV Trey Tables wWStand) 36 Clean Table, Occasional - Hepa Vacuum 1.00 EA $12.00 $12.00 T 37 Clean Waft Hanging LG - Maps Vacuum 2,00 E:A $33.00 $66.00 T MalwiOn $0.00 Stntcture: 5630.00 Restoration: $1,346.28 Contents: $716.25 Replacement: $0,00 Total, $ 1.346.25 KWJMtnMj@!na _ Calculations Room Ofliset Wmair* TO" Bat Length: 1911 Gin Viiidth: 1311 3 in Height: Bit o in Description 'J0 General Labor, Skilled - Mega Vacuum (Note: Hope & Clean hNsc. Brio-verso in Kitchen) 38 General Labor, $killed (Nate: Clow Dishes - Kitchen) 40 General Labor, Skilled - Antique 41 Clam Appliances. Sman • Hepa Vacuum (NOM: Tosater Oven) 42 Clean Chair. Wood - Hope Vacuum 43 Clean char, woad - Hepa Vacuum Wicker 44 Clown Credenza . Hops Vacuum 46 Clean Microwave - Hepa Vacuum 46 Clean Refrigerator, Exterior - Hops. Vacuum 47 Clean Table, Dining - Hepa vacuum 48 Clean Table, Kitchen - Hepa Vacuum Barry Hake Page 3 of a Quantity UOM Unit Price Total Tax 01P 2.00 HR 552,50 $106.00 T 12.00 HR $35.00 $420.00 T 4.00 HR 542.00 $168.00 T 1.00 EA $9.75 $9,75 T 4.00 EA $10.50 342.00 T 3.00 EA $14.00 942.00 T 1.00 EA $28,98 $28.98 T 1.00 EA $12.00 $12.00 T 1.00 EA $21.75 S21.75 T 1.00 EA $18.00 $16.00 T 1,00 CA $15.00 $15.00 T (c) SERVPRCIP intellectual Property, Inc. Thursday. May 31, 2007 2:30 PM jr -d L0** * 19G'LIL uewzut:H -u auuesns dcn:an on rr cpil 49 Clean Waft Hanging I-Q - Hope Vacuum 1.00 EA $33.00 53100 7 maigatien: $0.00 structure: $03.00 Restoration: $915.36 Contents: 3222.38 Replacement: $0.00 Total: $915.38 Family Russ Calculations Koom O ffset Missing Totals a" Offset OR 1 IS R 61n X 7 8 9 In X$ d O in L eVh: 16 ft 6 in MloWn9 K/DR 1 IA" 8 le X 7 R Sin Witith: 12 ft Bin Height: 81t 0 M Description Quantity UOM Unit Price Total Tax O/P 5o C3eneril Labor, Skftkid . Hapa Vacuum 11.00 HR 562.60 $577.50 T (Note: Hepa 5 Clean M iise. CaMents) 51 Clean Book Case - He" Vacuum 20.00 SF $1.13 $22.60 T 32 Chan Chair, Roakktg - Hepa VeCuum 1.00 EA $15.75 $15.75 T 53 Clean Chair. Upholstered, L - Hepe Vacuum 2.00 EA 570.60 $141.00 T 54 Clean Entertoinment Carder - fie" Vtleuum 1.00 EA 541.25 $41.25 T 55 Clean Lamp. Floor- Hepa Veouam 1.00 EA $22.50 52230 T go Clean Sofa - Hope vacuum 1.00 EA $142.50 3142.50 T 57 Clean Stereo. Equip., rwrior- Hope Vacuum 3A0 EA 512.00 $36.00 T 6a Clean Table - He" vacuum 1.00 EA 837.50 $37.60 T 52 Clean Table, End - Hepa Vacuum 2.00 EA $12.00 $224,00 T 60 Clean Table, Occasional - Hep2 Vacuum 1.00 EA $12.00 $12.00 T S1 Clean Televitkm. LG. Exterior - Hope Vacuum 1.00 EA 533.75 $33.75 T Mitigation: 50100 $tnourw $577.50 Restoration: $1.108.35 Contents: $828.85 r2eplacarnent: SO.00 Total: $1,106.35 Mal br OR Calculations Room Otft et Missing Totals Box Miasing New Mis I WA X WA Length: 13 ft 4 in Width: 1111 O in Height, eft 0 in Deser"ml 62 Genatai Labor. Skilled - Haps Vacuum (Na6e: Hepa & Crean Contents - 5 hours Bedroom, 2 bows Closet) 63 Clean Bed. Headboard - Hepa Vacuum 64 Clean Chair, Upholstered, 5 - Hepa Vacuum 65 Clean Chest. Metal - Mepa Vacuum (Note: Safe) 66 Clean Dresser - Hope Vacuum 67 Clean Lamp Shade - Ham Vacuum as Clean Lamp. MD - Hope Vacuum as Clean Mk w - Me" Vacuum 70 Clean Table, End - Helps Vacuum 71 Clean Television. MO, Eidenor - Hops Vacuum Barry Hake Page a of a Quantity UOM unit Price Total Tax 01P 7.00 HR $52.50 5387.50 T 1.00 EA $13.35 $13.36 T 1.00 EA $45.00 $416,00 T 1.00 EA $16.00 $15,00 T 2.00 EA $21.00 512.00 T 1.00 EA $13.36 513.35 T 1.00 EA $18.00 $18.00 T 1.00 EA $15.00 515.00 T 1.00 EA 312.00 $12.00 T 1.00 EA $14.25 $14.25 T (c) SERVPRe Intellectual Property, Inc. Thursday. May 31, 2007 2:30 PM S - cl LObir ' i 9L ' [_ i L uewajeu • u auuesne Aon ? -2n in T" co„ MitigatiocG lO.tyO structure: $367.50 Restoration: $555.45 Contents; $187.95 Replacement: $0.00 Total: $555.45 MAY Calculations Room O Neet Missing Totatls L-Shaped Lengtlt 1: 14 ft Bin Width 1; 3 ft O in Length 2: 4 ft $ In vwkMZ 3R 0in Height S ft O in Deeariplion Quantity UOM Unit Price Total Tax O/P 72 General Labor. SkiBstl - Hapa Vacuum 2.00 HR $52.50 $105.00 T (Nato: Hepo & Clean Hu11 Closet Contents) Mitipation; $0.00 Structure: $105.00 Restoration: S1o5.00 Contents: $0.00 Rooat:ement: $0.00 Total: $105.00 OS±dMm Z Calculations Room OHeet Missi" Totals Box Length; 11 ft 0 in Width: loft 0 in Height; 8 ft 0 in DescrOllan Quantity UOM Unit Price Total Taut O/P 73 f3anetal Labor. SkNbd . Hope Vacuum _... _ ....._ ... 12.00 MR 562.50 _ $830.00 T (Nob: Hepe 8 Clean Miss. Contents) 74 dean Bed, Footboard - Hop Vacuum 200 EA $11.85 $23.70 T 75 Clean Sod, FrometRails - Hope Vacuum 2.00 EA $11" $13.80 T 76 Clean Sod. Headboard - He" Vacuum 2.00 EA $13.35 $28.70 T 77 Clean Chair, WeW - Ho" Vacuum 2.00 EA $10.80 $21.00 T 78 Gleam Chest, Cedar, Hope - Napa Vacuum 1.00 EA $23.03 $23.03 T 79 Cleen Desk, Small - MOM Vacuum 1.00 EA 312.75 $12.75 T 80 Clean Dreasex - Hepa Vacuum 1.00 EA $21.00 $21.00 T 81 Clean Pictures -flops Vacuum 12.00 EA $5.85 $70.20 T AAi?atiart: 50.00 Structure: 8830.00 Restoration. $842.18 Contents: 8212.15 Replacemeult; 50.00 Total: W2.18 LatwWgg Room Calct" bns Roan O teat rdwaing Totob sox Length; 23 ft 10 in Vl/ideh I ft Sin Height: an O in Oesurption Quantity UOM Unit Price 1112 C,aneral Labor, Skilled - Hope Vacuum - 5.00 HR $52.50 (Note: Hops 8 Clean Drawer Caddy WAS Dra mom S Contents) Sorry Hake p"a3of$ (c) SERVPRClo Intellectual Progeny, tnc. Total Tax OIP $262.50 T .. Thut'aday, May 31, 2007 2.30 PM 9 -d /_10 4p 4p - Tq/ ' / T/ Ii P. 111.1.JOLi -11 83 Genemt t.er w, Sidled - Heps Vacuum 8.00 HR $52.90 $420.00 T (Nola: Maps & Clean Misc. Contents) 84 Clean Shelving - Hopei Vacuum 2.00 EA $6.75 $13.80 T (Note: Clothes trying Racks) 85 Clean CabUtet, Filing. 2 OR - Hope Vacuum 2.00 EA $42.00 $24.00 T 86 Crean Chair. Upholstered. L - Hapa Vacuum Large 1.00 EA $84.60 $8`.60 T (Note: Bench seat to Van) 87 Clean Chair, wood - Hope Vacuum 2,00 EA $10.SO 521.00 T 88 clean Orssser - Heps Vacuum 1.00 EA $21.00 S21.00 T 89 Clean Dryer, Exterior - Hope Vacuum 1.00 EA $15.45 115.45 T 90 Clean Table - Hepe Vacuum 1,00 EA $37.50 S37.50 T (Nate: Work Tabb) 91 Clean Table, Game - Hope Vactiom 2,00 EA. $22.50 $45.00 T (Note; Air Hockey Games) 92 Clean Washer. Exterior- Hepa Vacuum 1.00 EA $18.00 $16.00 T Mittpetiort: 8D,00 sow cwm. 5896.00 Restoration: $062.W Contents: $268.55 Replacement- 00.00 Total! 8tl'62.35 Cations Room Offset wasing Totals Box length: 19 ft 6 in width: 26 fl gin Haight 4 ft 0 in Description Quantity UOM Unit Price Total Tax O/P 03 General Lsbw, Skilled - Helps Vacuum 24.00 MR - -._ 682.50 $1,260.00 T (Note: PAP& 8, Chart Lumbss, Tubs, Sane Horses, Sleds, Wagon, SrrnwtmaM Baskets. Coolers. Table. Bookcase, Various Misc. Contents) 94 Clean Wktebw Saram, 10 -20 $f- FNpe Vat drum 4.00 ESA $11.25 $46.00 T 96 Clean Appliances - He" Vacuum 3,00 EA $24.75 57415 T 96 Clean Bicycle - Hope Vacuum 3.00 EA $33.75 $101.25 T 97 Clean Chest, Cedar, Hope - Heps Vacuum Antique 2.00 EA 526.10 $b2.20 T 98 Clean Fan - Hope Vacuum 1,00 EA S17.25 $17.25 T 09 Clean File Place Accessories - Hope Vacuum 1.00 SET 521.00 $21.00 T 100 dean Furniture, Outdoor - Hepa vacuum 6.00 EA 62210, $135.00 T 101 Clean Lamp, Floor - Haps Vacuum 1.00 MA 522.$0 $22.50 T 102 Clean Wall Hanging LG - Hope Vacuum 2.00 FA 393.00 $66.00 T (Note: Swordfish. Merin) Mitigation: 50.00 Structure: $11305.00 Restoration: $1,794.45 Contents: $489.45 Replacement: 10,00 Total. $1,794.45 QUM 8e08iQ4 Calculations Room 0ltiet wasing Totals Cathedral Calling Length: 191L 10 in Width: 19 ft 6 In Height 1: N/A Haight 2: 6 ft Din Description CuaMity UOM Unit Prce Total Tax O/P Barry Hake pap $ of a (C) SERVPRdt intaieQual Property. inc. Thuteday, May 31, 2007 2:30 Pw L. - cl GOfb - 19G ' L 1 G uewzuew l u auuesna din t 7n in T c- cme l 103 Ckwn Appliances, Sman - Mega Vacuum 1.00 EA $9.75 $9.75 T (Note: Shredder'/ 104 Ckwn Cabinet, Storage, Exterior- Hepa Vaeuurn 1.00 EA 516.13 516.13 T (Nola: Cws Play Hutch) 105 Clean C 4v& - Hein Vacuum 2.00 EA 510.49 $20.98 T lob Clean Chest. Metal - Hepa Vacuum 1.00 EA $15.00 $15.00 T (Nwa: Safe) 107 Clow Clothes Hamper - Hope Vacuum 1.00 EA $18.00 518.00 T 190 Clean Computer System, Exterior - Hepa Vacuum 1.00 EA $32.79 $32.79 T 199 Clean Desk, Medium - Hope Vacuum 2.00 EA $18.60 $37.20 T 110 Clean Ironft Board - Hops Vacuum 1.00 EA $9.00 $9.00 T 111 Clean tamp, Floor - Helm Vacuum 1.00 EA 922.50 $22.50 T 112 Clean Wall Hanging MD -•Hepa Vacuum 8.00 EA $21.00 $168.00 T Mitigation 50.00 Structure: S0.00 Restoration: $349.35 Contents: $349.35 Replacement: $0.00 Total: $349.35 Attic Calculations Room Oftset Missing Totals Length: 20 ft O in Width: 130 tin Haight 1: N/A Height Z: 5 ft O in Descrlpflon Ousmity UOM Unit Pries Total TOM OIP 115 General t.aber, SldUad - Hepa Vacuum 30.00 HR $57.50 51,575.00 T - (Note: Hopa & Clean Contents) Mtipattan: $0.00 Structure: $1,575.00 Restanktim. $1.575.00 Conlent9: $0.00 Replacement $0.00 Total: $1,575.00 Barry Hake Pape 7 of 8 (o) SERVPROO Intellectual Property, Inc. Thursdey, May 31, 2007 2!30 PM 13 - cl LD** ' 19L ' L I L uewz.rew ' u auuesnc din a :7n in T c- coy . S'truelure: $0,561.50 ConMnta: 33,238.50 S/C Total: =12.796.00 Ove:bead: 30.00 PmrR: 50.00 O/P Total; Non Tamable: $0.00 Tamable: $12,798.00 $0100 Sub Total: 612,7".00 6.00% Sales Tans: $767,8a Total: $13,985.68 Deduatlbte NOT COLLECTED: Barry Make papa of 8 (c) SMVPRdO Intellectual Property, Inc. Thursday, May 31, 2007 2:10 PM s - d L 04ir-T9L-LIL uew1ueH -w auuesnR d4.n:7n in TC MU-LI r *X no Bi Tei'Buflding Contractors inc. 1039 W Trindle Rd Mechanicsburg, Pa 17055 (717) 697-1889 Fax (717) 697-4151 ESTIMATE NAME / ADDRESS DATE ESTIMATE NO. Barry Hake 3903 Park Circle 3/12/2007 23709 CampHill, Pa 17011 Draw IT ''M SCOPE OF WORK ]RATE Demo -Remove cell cmnt aft fmm interior of house. Mold ababmt contractor will keep only the 6,200.00 cleanable items (cleanable items will be listed at later date ) Demo -Demo all floor coverings in house Demo -Demo all drywall on ceilings and insulation Demo -Demo all drywall on interior walls, insulation, trim and the on bathroom walls ono -Demo existing HVAC unit and all duct work Demo -Deno all shingles, roof sheathing Roof repair -Install new roof sheathing and new 30yr art. shingles NOTE: At this stage the mold abatement contractor will clean or treat remaining interior structure HVAC -Install new HVAC unit and all duct work Insulation -Blow insulation in attic R-38 Insulation -Install new R-19 in all exterior walls Drywall -Install new l2" drywall on all ceilings, walls and finish Painter -Paint interior walls and all trim 1 coat primer 2 coates wall color Remod -Install new base trim, using and handrail in interior of house Flooring -Install new floor covering in interior of house Windows -Install new window treatments in interior of house Remod -Install new S tub with surround (material and labor) Temp. H... -Temp, housing during construction Int conie... -Replace 2 sofas, 6 chairs Int. Conte... -Replace 2 queen and 2 full bed sets Kitchen -Remove existing cabinets, counter tops, the back splash and re-install. Must remove to replace existing mold and water damaged drywall Storage -Temp. storage of pro- cleaned interior contents Storage -Temp. storage of cleaned items during construction Moving F... -Moving Fee HVAC -Replace existing base board Kennel fee -Kennel Fee (rabbits during construction) Electric -Remove existing cloth wiring in house and reppace Electric -Remove existing plasma and reinstall Mold Re... -Mold removal and interior items cleaned ( Mold Contractor Sub Servpro ) Remod -Replace interior hollow core doors and hardware, material and labor NOTE: Any prep work for any court matters will be bill as $75.00 per hour 3,300.00 5,800.00 8,200.00 5,400.00 4,500.00 13500.00 3,600.00 6,700.00 12600.00 6,800.00 7,200.00 13700.00 8,100.00 4,100.00 150.00 5,900.00 4,000.00 14800.00 8,000.00 4,000.00 12000.00 5.50 25.00 4,200.00 325.00 175.00 Visit us at: www.bitekinc.com or on the BBB web site TOTAL SIGNATURE QTY TOTAL 6,200.00 3,300.00 5,800.00 8,200.00 5,400.00 4,500.00 3,600.00 6,700.00 6,800.00 7,200.00 13,700.00 8,100.00 2 8,200.00 160 4,000.00 5,900.00 4,000.00 14,800.00 8,000.00 114,000.W 2,000.00 200 1,100.00 160 4,000.00 4,200.00 325.00 8,359.00 18 3,150.00 $257,864.00 7 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor atrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiff V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defiendant CIVIL ACTION NO. No. 07-2207 TRIAL BY JURY DEMANDED VERIFICATION We, Barry and Nancy Hake, verify that the statements made in the forgoing document are true and correct to the best of our knowledge and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Dated: U 7 Dated: 9-/ 7-07 fi 12 14 - Barry Hake Nancy Hake CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the First Amended Complaint upon the person(s) and in the manner indicated below: Regular U.S. Mail to: Attorney C. Roy Weidner, Jr. Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants Date: 4/ I C? /O 7-- 0, oon f 'P shley ipe, Parale rV V, 11 7 ` j M .`_. rn Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com BARRY HAKE and NANCY HAKE, Plaintiffs V. DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2207 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFFS' AMENDED COMPLAINT AND NOW, this 5th day of October, 2007, comes Defendant, through his undersigned attorneys, and preliminarily objects to Plaintiffs' amended complaint by way of demurrer as follows: 1. On or about April 18, 2007, Plaintiffs commenced this action by Praecipe for Writ of Summons. 2. On or about July 5, 2007, Plaintiffs filed a complaint against Defendant, wherein Plaintiffs set forth counts for breach of contract, unjust enrichment and negligence arising out of Defendant's performance of a contract to install a new roof on Plaintiffs' home. 3. On or about August 31, 2007, Defendant filed preliminary objections to Plaintiffs' complaint claiming, inter alia, that Plaintiffs' negligence count should be dismissed in that it was barred under the "gist of the action doctrine" in that it improperly asserted a negligence claim based upon a breach of contract. 4. On or about September 19, 2007, Plaintiffs filed an amended complaint. 5. Count III of Plaintiffs' amended complaint again claims negligence on the part of Defendant in failing to perform his contract to install a new roof on Plaintiffs' home and failing to perform as promised to repair the roof as originally installed. 6. Plaintiffs' complaint, and specifically Count III thereof, sets forth a breach of contract and breach of a promise to correct deficiencies in performing the original contract which are not properly the subject of a claim for negligence. 7. By reason of the foregoing, Defendant demurs to Plaintiffs' claim for negligence in their amended complaint and moves for dismissal thereof. WHEREFORE, Defendant's demurrer to Count III of Plaintiffs' amended complaint and any claims for negligence set forth in Plaintiffs' amended complaint and moves for dismissal of any negligence claim against him. JOHNSON, DUFFIE, STEWART & WEIDNER By: idner, Jr. :311963 5774-524 CERTIFICATE OF SERVICE AND NOW, this 5th day of October, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: ichelle H. Spangler ra S ri 35 G i LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiffs V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant CIVIL ACTION NO. 07-2207 TRIAL BY JURY DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFFS' AMENDED COMPLAINT AND NOW, comes Plaintiffs, Barry and Nancy Hake, by and through their attorneys the Law Offices of Peter J. Russo, P.C., and in response to Defendant's Preliminary Objections they state as follows: 1. Admitted. 2. Denied. The averment contained in Paragraph 2 references a document which controls and any interpretational gloss placed thereon by Defendant is strictly denied. f Respectfully submitted, LAW OFFICES OF PETER J. .C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 20013 Attorneys for Plaintiff 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiffs V. CIVIL ACTION NO. 07-2207 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I, Amber Southard, hereby certify that I am on this day serving a copy of DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant Plaintiffs' Response to Defendant's Preliminary Objection to Plaintiffs' Amended Complaint upon the person(s) and in the manner indicated below: Regular U.S. Mail to: Johnson, Duffie, Stewart & Weidner C. Roy Weidner, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant AA? Amber Southard Date: 101 Zn 1 01 ?'? e'" ? _> t "g .m.,, © ? „ u t; P;'Y i ta % `? ? ?.J `? ?-1 C,iF? ;' Q ?; ?l'{ ? C" .. ? ..T.°"x ""? P? ? y?., ?' " . `r.. ? " . j't l .. '?r? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next: Pre-Trial Argument Court ? Argument Court t*tt+t****,t,rtt,t*,t**,v*tr*rt**,t,t*,t*,r*w*****,t*,t,t**,rxt**,t*,trt*,t**,tt*,tt*,tt,ttt*,t*****,t*,t*,t**,r?t* W**trrrrt*,t,ttrtr*tr CAPTION OF CASE (entire caption must be stated in full) BARRY HAKE and NANCY HAKE, vs. (Plaintiffs) DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, (Defendant) No. 07-2207Civil 1. State matter to be argued (i.e., Plaintiffs motion for new trial, Defendant's demurrer to complaint, etc.): Defendant's Preliminary Objection to Plaintiffs' Amended Complaint 2. Identify counsel who will argue case: a) For Plaintiff: Elizabeth J. Saylor, Esquire Address: 3800 Market Street, Camp Hill, PA 17011 b) For Defendant: C. Roy Weidner, Jr., Esquire Address: 301 Market Street, Lemoyne, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: November 21, 2007 rney for Defendant Dated: October 30, 2007 :314623 5774-524 rv C7 CO G LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, Plaintiff CIVIL ACTION NO. 07-2207 V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the Plaintiff's Answers to Defendant's first set of Interrogatories and Production of Documents Directed to Plaintiffs Barry and Nancy Hake upon the person(s) and in the manner indicated below: Hand Delivery: Attorney C. Roy Weidner, Jr. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Date: 1111hj- Ashley ipe, Paral al c"- f r - ' Cl 7 k ' J BARRY HAKE and NANCY HAKE, PLAINTIFFS V. DENNIS R. WRIGHT d/b/a DEAN'S ROOFING DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2207 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE OILER, J., AND EBERT, J. ORDER OF COURT AND NOW, this 28th day of November, 2007, upon consideration of the Defendant's Preliminary Objection to the Plaintiff's Amended Complaint, the Plaintiffs' Answer thereto, the briefs filed by the Parties and after argument; IT IS HEREBY ORDERED AND DIRECTED that Defendant's Preliminary Objection is SUSTAINED and accordingly, Count 3 - Negligence, of the Plaintiffs' Amended Complaint is DISMISSED. By the Court, M. L. Ebert, Jr., lizabeth J. Saylor, Esquire Peter J. Russo, Esquire Attorneys for Plaintiff ,,12'' Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner Attorneys for Defendant bas J. l s??,..^,- .hit l^) Y a : ?, " 8Z ON i` uZ ,. r `17 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com BARRY HAKE and NANCY HAKE, Plaintiffs V. DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendant NOTICE TO PLEAD TO: Barry and Nancy Hake c/o Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 NO. 07-2207 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this 18_'-day of December, 2007, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWA By: Roy Weidner, Jr. :317742 5774-524 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com BARRY HAKE and NANCY HAKE, Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 07-2207 CIVIL ACTION - LAW DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, JURY TRIAL DEMANDED Defendant ANSWER TO PLAINTIFFS' FIRST AMENDED COMPLAINT AND NOW, this 1 P ay of December, 2007, comes Defendant Dennis R. Wright d/b/a Dean's Roofing, by and through his undersigned attorneys, and answers Plaintiffs' first amended complaint as follows: 1. Admitted. 2. Admitted. 3. Denied. On the contrary, on or about December 17, 2002, Defendant provided Plaintiff Nancy Hake with a proposal to re-shingle her roof in accordance with the terms, conditions and specifications set forth therein. Exhibit "A" to Plaintiffs' complaint represents Defendant's invoice for that work and extra work which was performed prior to the date reflected thereon. 4. Admitted in Part Denied in Part. It is admitted that Defendant received the check compromising Exhibit "B" to Plaintiffs' complaint as payment for the invoice comprising Exhibit "A" to Plaintiffs' complaint. The remainder of this averment is specifically denied. 5. Admitted. 6. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment. 7-12. Denied. These averments are specifically denied. On the contrary, on at least one, and possibly two occasions, Plaintiffs complained to Defendant about leaking of the roof. Defendant inspected the roof and found no basis for Plaintiffs' claims. 13. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment. 14.-16. Denied. These averments are specifically denied. On the contrary, on at least one, and possibly two occasions, Plaintiffs complained to Defendant about leaking of the roof. Defendant inspected the roof and found no basis for Plaintiffs' claims. 17. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment. 18.-19. Denied. These averments are specifically denied. On the contrary, on at least one, and possibly two occasions, Plaintiffs complained to Defendant about leaking of the roof. Defendant inspected the roof and found no basis for Plaintiffs' claims. 20. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment. 21. Denied. This averment is specifically denied and paragraphs 6 - 20 are incorporated by reference herein. By way of further denial, at one point, Defendant advised Plaintiffs to apply Kilz primer to any water marks and paint them. 22.-23. Denied. These averments are specifically denied. On the contrary, Defendant advised Plaintiffs to report any problems to Plaintiffs' homeowner's insurance carrier based on Defendant's inability to find any deficiencies or defects on the roof. 24.-33. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments. 34.-35. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments. By way of further denial, it is specifically denied that there were any defects or deficiencies in the roof and the work performed by Defendant. On the contrary, the roofing work performed by Defendant was performed in a good and workmanlike manner and in accordance with any applicable specifications. COUNT I - BREACH OF CONTRACT 36. Admitted in part. Denied in Part. Paragraphs 1 - 35 hereof are incorporated by reference herein. 37. Denied. Paragraphs 3 - 5 hereof are incorporated by reference herein. 38.-39. Denied. These averments are deemed denied as conclusions of law to which no responsive pleading is required. 40.-41. Denied. Any breach of contract on the part of Defendant and any damage to Plaintiffs' home, property or person is specifically denied. On the contrary, Defendant performed the work in a good and workmanlike manner and in accordance with all applicable specifications. WHEREFORE, Defendant demands that Plaintiffs' complaint against him be dismissed. COUNT II - UNJUST ENRICHMENT 42. Admitted in part. Denied in part. Paragraphs 1 - 41 hereof are incorporated by reference herein. 43. Denied. On the contrary, the amount stated was paid for the services set forth in the invoice compromising Exhibit "A" to Plaintiffs complaint. 44.-46. Denied. These averments are specifically denied. Paragraphs 1 - 41 hereof are incorporated by reference herein. 47. Admitted. WHEREFORE, Defendant demands that Plaintiffs' complaint against him be dismissed. NEW MATTER AFFIRMATIVE DEFENSE STATUTE OF LIMITATIONS 48. Defendant's work was completed prior to April 18, 2003. 49. Plaintiffs commenced this action in excess of four years after the performance of the work by Defendant and therefore their action is barred by any applicable statutes of limitation. 50. Plaintiffs' action is otherwise barred by any applicable statutes of limitation. WHEREFORE, Defendant demands that Plaintiffs' complaint against him be dismissed. JOHNSON, DUFFIE, STEWART & WEIDNER By: oy Weidner, Jr. :317742 5774-524 VERIFICATION The undersigned says that the facts set forth in the foregoing document are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. Dennis R. Wright Dated: 3 CERTIFICATE OF SERVICE AND NOW, this _f??clay of December, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: I a. -0 C keen S. Jens n :317742 5774-524 r"? t'om' Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant BARRY HAKE and NANCY HAKE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-2207 V. CIVIL ACTION - LAW DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; 3) No objection to the subpoenas has been received and a copy of the no objection correspondence from Plaintiffs counsel is attached; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER Roy Weidner, Jr. Date: :322191 5774-524 PETER J. RUSSO, ESQUIRE ASHLEY R. SIPE, PARALEGAL LAW OFFICES OF PETER J.RUSSOP.c. ATTORNEYS AT LAW Tuesday, January 29, 2008 Attorney C. Roy Weidner, Jr. Johnson, Duffle, Stewart & Weidner 301 Marke,. Street P.O. Box 109 Lemoyne, PA 17043-0109 RE: Hake v. Wright/Dean's Roofing Dear Mr. Weidner, g- ELIZABETH J. SAYLOR, ESQUIRE AMBER L. SOUTHARD, PARALEGAL VIA US MAIL JAN3120M I am in receipt of your letter dated January 28, 2008 and proposed Subpoenas to which I ha-ve Flo objections assuming that I receive copies of all information obtained as a result thereof Should you have any questions or concerns please do not hesitate to contact me. Truly, Elizab . Saylor, Esq re EJS/als THE CHELSEA BUILDING 3800 MARKET STREET CAMP HILL, PA 17011 PHONE: (717) 591-1755 FAX: (717) 591-1756 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant BARRY HAKE and NANCY HAKE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-2207 V. CIVIL ACTION - LAW DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, JURY TRIAL DEMANDED Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Barry Hake and Nancy Hake c/o Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By: ,,,,?, C. Roy Weidner, Jr. Date: ?? :322191 5774-524 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY HAKE and NANCY HAKE, Plaintiffs vs. File No. 07-2207 DINNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Allergy & Asthma Specialists of Harrisburg, 2151 Linglestown Road, Suite 160A, Harrisburg, PA 17110 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films/reports, MRI films/reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Barry Robert Hake; D.O.B.: 03/22/1960; Social Security No.: 209-50- 7570. at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY HAKE and NANCY HAKE, Plaintiffs vs. File No. 07-2207 DINNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of PA, 3399 Trindle Road, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films/reports, MRI films/reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Barry Robert Hake; D.O.B.: 03/22/1960; Social Security No.: 209-50- 7570. at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: C. Roy Weidner, Jr., Johnson, Duffie, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY HAKE and NANCY HAKE, Plaintiffs VS. File No. 07-2207 DINNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Liubisa M. Stankovic, M.D., 797 Poplar Church Road, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films/reports, MRI films/reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Barry Robert Hake; D.O.B.: 03/22/1960; Social Security No.: 209-50- 7570. at C. Roy Weidner, Jr., Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY HAKE and NANCY HAKE, Plaintiffs vs. File No. 07-2207 DINNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Milton S. Hershey Medical Center, H.U. 24, P.O. Box 850, Hershey, PA 17033 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films/reports, MRI films/reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Barry Robert Hake; D.O.B.: 03/22/1960; Social Security No.: 209-50- 7570. at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON.• NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY HAKE and NANCY HAKE, Plaintiffs vs. File No. 07-2207 DINNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hampden Physician Associates, 3456 Trindle Road, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films/reports, MRI films/reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Barry Robert Hake; D.O.B.: 03/22/1960; Social Security No.: 209-50- 7570. at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY HAKE and NANCY HAKE, Plaintiffs vs. File No. 07-2207 DINNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HolSpirit Hospital 503 N. 21" Street Camp Hill. PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films/reports, MRI films/reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Barry Robert Hake; D.O.B.: 03/22/1960; Social Security No.: 209-50- 7570. at C Roy Weidner Jr Johnson Duffie Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY HAKE and NANCY HAKE, Plaintiffs VS. File No. 07-2207 DINNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Quantum Imagine & Therapeutic Associates Inc. 405 St. John's Church Road, Suite 102, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films/reports, MRI films/reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Barry Robert Hake; D.O.B.: 03/22/1960; Social Security No.: 209-50- 7570. at C Roy Weidner Jr. Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY HAKE and NANCY HAKE, Plaintiffs vs. File No. 07-2207 DINNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Westfield Insurance 201 East Oregon Road, P.O. Box 3010, Lancaster, PA 176.04 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all documents including entire first-party benefits file, all memoranda, reports, statements, medical records, phone messages, adjuster notes, expert reports, policy information, original photographs or disc with digital photographs and any other information pertaining to Barry Robert Hake; D.O.B.: 03122/1960; Social Security No.: 209-50-7570; Policy No.: HOP8815314. at C. Roy Weidner Jr. Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this day of L 2008, the undersigned does hereby certify that she did this date serve a copy of the for oing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WFNER Iz- By: Elizabeth L. CERTIFICATE OF SERVICE AND NOW, this day of , 2008, the undersigned does hereby certify that she did this date serve a copy of the forego g document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: Eliz th L. Zi6gI60 ?r Cp r r c Ti ?c Law Offices of Pater J. Russo, P.C. By: Elizabeth J..3aylor, Esquire Attorney I.D. No. 200139 5006 East Trindl a Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 (717) 591-1756 f=acsimile Isaylor@pjrlaw.com Attorneys for Barry and Nancy Hake IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, CIVIL ACTION NO. 07-2207 PIE`intiffs V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant TRIAL BY JURY DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' FIRST AMENDED COMPLAINT AND NOW comes Plaintiffs, Barry and Nancy Hake (hereinafter "Plaintiffs" or the "Hakes"), by their attorneys the Law Offices of Peter J. Russo, P.C., for Plaintiffs' Response to Defendant's Answer with New Matter to Plaintiffs' First Amended Complaint state ANSWERING DEFENDANT'S NEW MATTER 48. Denied. Plaintiffs specifically deny Defendant's work was completed prior to April 18, 2003. See Plaintiffs' Complaint Paragraph 6-23. 49-50. Denied. The averments contained in paragraphs 49-50 are conclusions of law to which no response is required. Plaintiffs deny all other allegations in Paragraphs 48 through 50 of Defendant's New Matter that are not specifically admitted. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter Judgment in favor of Plaintiffs and against Defendant. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, Attorneys for Plaintiffs Peter J. Russo, Esquire j . l No. 72897 izabeth J. Saylor, Esquire 1 D No. 200139 VERIFICATION We, Barry and Nancy Hake, verify that the statements made in the forgoing document are true and correct to the best of our knowledge and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: 3-1-OS a Barry Hake Dated: ?f S4 2 - ;4?97'4n N ncy Hak CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of Plaintiffs' Response to Defendant's Answer with New Matter to Plaintiffs' First Amended Complaint upon the person(s) and in the manner indicated below: US Mail addressed as follows: C. Roy Weidner, Jr. Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Amber L. outhard, Paralegal -g?[ Date: SO.'s Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant BARRY HAKE and NANCY HAKE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-2207 V. CIVIL ACTION - LAW DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, are attached to this certificate; 3) No objection to the subpoena has been received and a copy of the no objection correspondence from Plaintiff's counsel is attached; and 4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER Date: e?? e oy Wei ner, Jr. :329398 5774-524 LAW OFFICES OF PETER J.RUSSOP.c. PETER J. RUSSO, ESQUIRE ASHLEY R. SIPE, PARALEGAL ATTORNEYS AT LAW Tuesday, April 15, 2008 Attorney C. Roy Weidner, Jr. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 RE: make v. Wright,/Mean's Roofing Dear Mr. Weidner, k0i ELIZABETH J. SAYLOR, ESQUIRE AMBER L. SOUTHARD, PARALEGAL VIA US MAIL I am in receipt of your letter dated April 10, 2008 and proposed Subpoena to which I have no objections assuming that I receive copies of all information obtained as a result thereof. Should you have any questions or concerns please do not hesitate to contact me. Truly, Elizabe J. Sayl r, Esquire EJ S/als lNc+„ _ 8 5006 EAST TRINDLE ROAD, SUITE 100, MECHANICSBURG, PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com BARRY HAKE and NANCY HAKE, Plaintiffs V. DENNIS R. WRIGHT d/b/a Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2207 CIVIL ACTION - LAW DEAN'S ROOFING, JURY TRIAL DEMANDED Defendant NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Barry Hake and Nancy Hake c/o Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 PLEASE TAKE NOTICE that Defendants intend to serve a subpoena identical to the one attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. JOHNSON, DUFFIE, STEWART & W N Y y C. Roy Weidner, Jr. Date: :329398 5774-524 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY HAKE and NANCY HAKE, Plaintiffs vs File No. 07-2207 DINNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Berkley Mid Atlantic Group, 75 S Houcks Road Suite 202, Harrisburg PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all documents including entire investigation file, records from Atlantic Claims, Inc. including color copies of all photoeraphs (please provide on a disc), all memoranda, reports, statements, phone messages, adjuster notes, policy information and any other documents pertaining to Insured: Dean's Construction; Claim No.: 10031671; Policy No.: CPA011675-12; Claimant: Barry Hake. at C Roy Weidner Jr Johnson Duffie Stewart & Weidner, 301 Market Street Lemoyne PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: C Roy Weidner Jr Johnson Duffie Stewart & Weidner P.C. ADDRESS: 301 Market Street Lemoyne PA 17043 - TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this day of / AV , 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: La?? Eli abe L. Zieg e Tjo • , . CERTIFICATE OF SERVICE AND NOW, this a day of , 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: Eliza L. Ziegle ?`? N ? :? C ?"'. ?-"-ti -7'2 r.? :=j C it ?.. _...- Z7 --:,. . .. -- .. -i. ..f S ^ Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant BARRY HAKE and NANCY HAKE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-2207 V. CIVIL ACTION - LAW DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, are attached to this certificate; 3) No objection to the subpoena has been received and a copy of the no objection correspondence from Plaintiffs counsel is attached; and 4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER By, 30 f C. Roy Weidner, Jr. Date: :341860 5774-524 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant BARRY HAKE and NANCY HAKE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-2207 V. CIVIL ACTION - LAW DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, JURY TRIAL DEMANDED Defendant NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Barry Hake and Nancy Hake c/o Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 PLEASE TAKE NOTICE that Defendants intend to serve a subpoena identical to the one attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By' 1,68 oy Weidner, Jr. Date: :341860 5774-524 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY HAKE and NANCY HAKE, Plaintiffs VS. File No. 07-2207 DINNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bi Tek Building Contractors, Inc., 1039 W. Trindle Road. Mechanicsburg. PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all documents and records pertaining to the estimate and repairs to the property of Barry Hake, 3903 Park Circle, Camp Hill, PA at C. Roy Weidner, Jr., Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: C. Roy Weidner, Jr., Johnson, Duffie, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this q day of )qvoyv!2j? , 2008, the undersigned does hereby certify that she did this date serve a copy f the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 JOHNSON, DUFFIE, STEWART & WEIDNER By: a, (1*71 zabet . e I , . 4 CERTIFICATE OF SERVICE AND NOW, this day of 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 JOHNSON, DUFFIE, STEWART & By: L: t? t Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com BARRY HAKE and NANCY HAKE, Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, NO. 07-2207 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant OBJECTIONS TO SUBPOENA PURSUANT TO PA.R.C.P. NO. 4009.21 Dennis R. Wright d/b/a Dean's Roofing objects to the proposed subpoena that is attached to these objections for the following reasons: The subject of the subpoena has previously been identified as an expert not subject to discovery except as per Pa.R.C.P. 4003.5. See September 8, 2008 letter attached hereto. JOHNSON, DUFFLE, STEWART & WEIDNER By: Date: September 30, 2008 oy Weidner, Jr. :346055 5774-524 CERTIFICATE OF SERVICE AND NOW, this 3e day of September, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 Trindle Road, Suite 100 Mechanicsburg, PA 17050 JOHNSON, DUFFIE, STEWART & WEIDNER By: helle H. Spangler Law Offices of Peter J. Russo, P.C. By: Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 (717) 591-1756 Facsimile Isaylor@pjrlaw.com Attorneys for Barry and Nancy Hake IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, CIVIL ACTION NO. 07-2207 Plaintiffs V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant TRIAL BY JURY DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Steven Daniels, Benatec Associates 200 Airport Road Capital City Airport New Cumberland, PA 17070 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all documents and/or records in regards to the estimate and/or repairs to Mr. and Mrs. Barry Hake's home at 3903 Park Circle Camp Hill, Pennsylvania 17011, at 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 to the attention of Elizabeth J Saylor, Esquire. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the document or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Barry and Nancy Hake by and through their counsel The Law Offices of Peter J. Russo, P.C. THE LAW OFFICE OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiffs 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: BY THE COURT: By: Prothonotary Seal of the Court JERRY R. DUFFLE RICHARD W STEI'vART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE JOI-IPd A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFLE JOHN R. NINOSKI' MICHAEL J. CASSIDY Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Re; Barry and Nancy Hake v. Dennis R. Wright d/b/a Dean's Roofing No. 07-2207 Civil Cumberland County C.C.P. Claim No. MO-702882 VM Dear Liz: MELISSA PEEL GREEVY ROBERT M. WALPER WADE D. MANLEY ELIZABETH D. SHOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) VVRITES'S EXT. No. 119 2^7-Ituj, env?jdsivxom rIL E COPY In response to your September 5, 2008 letter with enclosed notices of intent to serve subpoenas on W. Edward Moritz, Jr., Brandon E. Whitman and Steven Daniels, please be advised that this is my objection to those subpoenas under the Pennsylvania Rules of Civil Procedure. Specifically, the individuals identified are expert witnesses retained for this litigation and their materials are not discoverable under Pa. R.C.P. No. 4003.5. Please see my letter to you of April 10, 2008. As always, if you have any questions or comments, please do not hesitate to call. If I am unavailable, please feel free to speak with my legal assistant, Michelle Spangler. If you call other than during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on weekdays, my voice mail extension is #119 and Michelle's is #111. Please feel free to leave a message with either one of us, and we will return your call. If you would prefer, you may contact me through my direct e-mail address, crw@idsw.com. Very truly yours, JOHNSO FIE, STEWART & WEIDNER C. Roy?eidner, Jr. mhs:343800 5774-524 c: Barbara W. Scarpa, SCLA 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSW.C0M 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM A 1V 0 F F I C E JOHNSON DUFFIE September 8, 2008 JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. c? ?, Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com BARRY HAKE and NANCY HAKE, Plaintiffs V. DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2207 CIVIL ACTION - LAW JURY TRIAL DEMANDED OBJECTIONS TO SUBPOENA PURSUANT TO PA.R.C.P. NO. 4009.21 Dennis R. Wright d/b/a Dean's Roofing objects to the proposed subpoena that is attached to these objections for the following reasons: The subject of the subpoena has previously been identified as an expert not subject to discovery except as per Pa.R.C.P. 4003.5. See September 8, 2008 letter attached hereto. JOHNSON, DUFFIE, STEWART & WEIDNER By: Date: September 30, 2008 oy Weidner, Jr. :346055 5774-524 .-ft. CERTIFICATE OF SERVICE AND NOW, this 3& day of September, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 Trindle Road, Suite 100 Mechanicsburg, PA 17050 JOHNSON, DUFFIE, STEWART & WEIDNER By: "A I 'chelle H. pangler P1% Law Offices of Peter J. Russo, P.C. By: Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 (717) 591-1756 Facsimile Isaylor@pjrlaw.com Attorneys for Barry and Nancy Hake IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, CIVIL ACTION NO. 07-2207 Plaintiffs V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant TRIAL BY JURY DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: W. Edward Montz, Jr., Ph.D., CIAQP, Indoor Air Solutions, Inc. 1200 East High Street, Suite 301 Pottstown, PA 19464 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all documents and/or records in regards to the estimate and/or repairs to Mr. and Mrs. Barrv Hake's home at 3903 Park Circle Cam Hill, Pennsvlvania 17011, at 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 to the attention of Elizabeth J Saylor, Esquire. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the document or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Barry and Nancy Hake by and through their counsel The Law Offices of Peter J. Russo, P.C. THE LAW OFFICE OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiffs 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: BY THE COURT: By: Prothonotary Seal of the Court JERRY R. DUFFLE RICHARD W. STEVv'ART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. ST?:TLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT. JR. MARK C. DUFFLE JOHN R. NINOSKY MICHAEL J. CASSIDY J"SON DUFFIE Wit rr is Evr. No. 119 E-?S'L1t1, ens ??;jc?stiv.c+onz Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Re: Barry and Nancy Hake v. Dennis R. Wright d/b/a Dean's Roofing No. 07-2207 Civil Cumberland County C.C.P. Claim No. MO-702882 VM Dear Liz: NIELISSA PEEL GREEVY ROBERT Al. IVALIiFR lk?ADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) FILE COPY In response to your September 5, 2008 letter with enclosed notices of intent to serve subpoenas on W. Edward Moritz, Jr., Brandon E. Whitman and Steven Daniels, please be advised that this is my objection to those subpoenas under the Pennsylvania Rules of Civil Procedure. Specifically, the individuals identified are expert witnesses retained for this litigation and their materials are not discoverable under Pa. R.C.P. No. 4003.5. Please see my letter to you of April 10, 2008. As always, if you have any questions or comments, please do not hesitate to call. If I am unavailable, please feel free to speak with my legal assistant, Michelle Spangler. If you call other than during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on weekdays, my voice mail extension is #119 and Michelle's is #111. Please feel free to leave a message with either one of us, and we will return your call. If you would prefer, you may contact me through my direct e-mail address, crw(cD_idsw.com. Very truly yours, JOHNSO FIE, STEWART &WEIDNER C. Roy?eidner, Jr. mhs:343800 5774-524 c: Barbara W. Scarpa, SCLA 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WwflDSWCOM 717.761.4540 FAX: 717.761.3015 MAILQJDSW.COM September 8, 2008 JOHNSON, DUFFIE, STEWART & WEIDNER, RC. r_- n - w Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com BARRY HAKE and NANCY HAKE, Plaintiffs V. DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2207 CIVIL ACTION - LAW JURY TRIAL DEMANDED OBJECTIONS TO SUBPOENA PURSUANT TO PA.R.C.P. NO. 4009.21 Dennis R. Wright d/b/a Dean's Roofing objects to the proposed subpoena that is attached to these objections for the following reasons: The subject of the subpoena has previously been identified as an expert not subject to discovery except as per Pa.R.C.P. 4003.5. See September 8, 2008 letter attached hereto. JOHNSON, DUFFIE, STEWART & WEI By: Date: September 30, 2008 oy Weidner, Jr. :346055 5774-524 CERTIFICATE OF SERVICE AND NOW, this 3e day of September, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 Trindle Road, Suite 100 Mechanicsburg, PA 17050 JOHNSON, DUFFIE, STEWART & WEIDNER By: 'chelle H. Spangler Law Offices of Peter J. Russo, P.C. By: Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 (717) 591-1756 Facsimile Isaylor@pjrlaw.com Attorneys for Barry and Nancy Hake IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY HAKE AND NANCY HAKE, CIVIL ACTION NO. 07-2207 Plaintiffs V. DENNIS R. WRIGHT, DBA DEAN'S ROOFING, Defendant TRIAL BY JURY DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Brandon E. Whitman, Indoor Air Solutions, Inc. 1200 East High Street, Suite 301 Pottstown, PA 19464 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all documents and/or records in regards_to the estimate and/or repairs to Mr. and Mrs. Barrv Hake's home at 3903 Park Circle Camp Hill, Pennsvlvania 17011. at 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 to the attention of Elizabeth J Saylor, Esquire. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the document or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Barry and Nancy Hake by and through their counsel The Law Offices of Peter J. Russo, P.C. THE LAW OFFICE OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiffs 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: BY THE COURT: By: Prothonotary Seal of the Court JERRY R. DUFFLE RICHARD W STEIiVART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN TEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFLE JOHN R. NINOSKY 1111CHAEL J. CASSIDY Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Re: Barry and Nancy Hake v. Dennis R. Wright d/b/a Dean's Roofing No. 07-2207 Civil Cumberland County C.C.P. Claim No. MO-702882 VM Dear Liz: MELISSA PEEL GREEVY ROBERT Al. IVALKFR 1VADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACEA. JOHNSON F. LEE SHIPMAN (1965-2006) XVR1T.ER S EXT. No. 119 E-R'L4u, cns a jd sw.r..om FILE COPY In response to your September 5, 2008 letter with enclosed notices of intent to serve subpoenas on W. Edward Montz, Jr., Brandon E. Whitman and Steven Daniels, please be advised that this is my objection to those subpoenas under the Pennsylvania Rules of Civil Procedure. Specifically, the individuals identified are expert witnesses retained for this litigation and their materials are not discoverable under Pa. R.C.P. No. 4003.5. Please see my letter to you of April 10, 2008. As always, if you have any questions or comments, please do not hesitate to call. If I am unavailable, please feel free to speak with my legal assistant, Michelle Spangler. If you call other than during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on weekdays, my voice mail extension is #119 and Michelle's is #111. Please feel free to leave a message with either one of us, and we will return your call. If you would prefer, you may contact me through my direct e-mail address, crwO-idsw.com. Very truly yours, JOHNSO fFIE, STEWART & WEIDNER C. Roy4eidner, Jr. mhs:343800 5774-524 c: Barbara W. Scarpa, SCLA 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM OHNSON J DUFFIE September 8, 2008 JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. ? ,:> -tz ?? ca .?. ;, ? .,.,? s-r-; ?i, -- z h~. 4? in ?. _-"i -? ?..+. c .?» ? Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com BARRY HAKE and NANCY HAKE, Plaintiffs V. DENNIS R. WRIGHT d/b/a Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2207 CIVIL ACTION - LAW DEAN'S ROOFING, JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, are attached to this certificate; 3) No objection to the subpoena has been received and a copy of the no objection correspondence from Plaintiff's counsel is attached; and 4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER n ? C. R oyWeidner, Jr, Date: :348884 5774-524 Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant BARRY HAKE and NANCY HAKE, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-2207 V. CIVIL ACTION - LAW DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, JURY TRIAL DEMANDED Defendant NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Barry Hake and Nancy Hake c/o Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 PLEASE TAKE NOTICE that Defendants intend to serve a subpoena identical to the one attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. JOHNSON, DUFFIE, STEWART & WEIDNER Bye C. Roy Weidner, Jr. Date: 0 Ti? :348884 5774-524 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY HAKE and NANCY HAKE, Plaintiffs VS. File No. 07-2207 DINNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lancaster Toyota Mazda, 5270 Manheim Pike, East Petersburg, PA 17520 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all documents pertaining to the sale of a Toyota truck with VIN No.: 5TFCV5411SX006746 to Barry Hake in 2008, including financing documents and financing application. . at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON.• NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE I AND NOW, this day of &16 !! " 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 JOHNSON, DUFFIE, By: CERTIFICATE OF SERVICE AND NOW, this - day of &((VU? , 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 JOHNSON, DUFFIE, STEWART & WEIDNER By: Eli eth L. Zi r f": r? ..! {.? -'' °-°3 C:,' ._ --r y r t i?'i y sue) { G.7 -^. r'ry t'L:3 ? .? :.? .~~~. ,.u Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant ,~~,~yx~~a~~<.i_~f~~~ Ct~~i~~`t• BARRY HAKE and NANCY HAKE, Plaintiff v. !N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2207 CIVIL ACTION -LAW DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE AND NOW, this ~~ day of September, 2010, withdraw the appearance of C. ROY WEIDNER, I.D. No. 19530, on behalf of Defendant in the above-captioned suit. C. Roy Weidner, Jr. PRAECIPE FOR ENTRY OF APPEARANCE a AND NOW, this ~- day of September, 2010 enter the appearance of WADE D. MANLEY, I.D. No. 19530, on behalf of Defendant in the above-captioned suit. :414622 JOHNSON, DUFFIE, STEWART &WEIDNER w~~~ By: Wade D. Manle CERTIFICATE OF SERVICE AND NOW, this ~~'~~ ~ day of September, 2010, the undersigned does hereby certify that she did this date serve a copy of the Praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo. P.C. 5006 Trinuie Road, SuitQ 100 Mechanicsburg, PA 17050 H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257-1813 :414622 JOHNSON, DUFFIE, STEWART & WEIDNER ~~ Margaret E. Ruff, CPS ,~ r i ;, F ILEO-`4\ RUL G1 ;1-i E P 01+1ON0TARY 2011 J IN 11 t,t910:: 9 Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Clue°R ` BLAND COUNITY PL-W 5YLVA"J1A Attorneys for Defendant BARRY HAKE and NANCY HAKE, Plaintiffs V. DENNIS R. WRIGHT d/b/a DEAN'S ROOFING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2207 JURY TRIAL DEMANDED DEFENDANTS' MOTION FOR STATUS CONFERENCE AND NOW, this ?' day of January, 2011, comes the Defendant by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, P.C., and files the following Motion for Status Conference and in support thereof avers as follows: 1. The instant matter is a breach of contract action arising out of the Defendant's installation of a roof on the Plaintiffs' residence. The Plaintiffs claim the roof caused water to leak into the home causing property damage and the Plaintiffs respiratory issues. 2. On or about September 17, 2001, counsel for the Defendant served written discovery on Plaintiffs counsel and a second set of discovery was served on or about August 26, 2008. 3. On July 29, 2010, counsel for the Defendant sent correspondence to Plaintiff's counsel identifying an extensive list of deficiencies with the Plaintiffs' answers and responses to the written discovery. See, Correspondence of July 29, 2010, attached hereto as Exhibit "A." 4. The deficiencies include the following: a. Failure to identify the expert witness who will testify in support of the Plaintiffs' mold claims. b. Failure to identify the expert witness who will testify in support of the claimed impact of any mold on Plaintiff. C. Failure to respond in a sufficient manner to Interrogatory number 2, Interrogatory number 4 and Interrogatory number 9, by citing Plaintiffs' Complaint and the documents attached to the Answer to Defendants' Request for Production of Documents and the attached Chart. d. Failure to identify any specific expert witness by stating, "Plaintiffs have identified numerous people and have attached numerous reports and/or estimates provided by said identified people. Plaintiffs reserve the right to utilize the individuals and/or reports and/or estimates identified therein. By way of further response discovery is ongoing. The Plaintiffs reserve the right to supplement later." e. Failure to respond in a sufficient manner to Interrogatory numbers 5, 8, 9 and 11, by directing Defendants to various extrinsic documents while reserving the right to supplement. f. Failure to respond in a sufficient manner with records substantiating the values of any item of household furnishings or personal property claimed to have been damaged or destroyed as a result of the incident. The majority of responses to an item's date of acquisition and acquisition cost are identified as "unknown" or assigned undocumented dollar values. g. Failure to properly identify medical bills that are specifically related to the Plaintiffs' complaints, as the medical bills provided relate to treatment that clearly are not related to the issues claimed in this matter and/or relate to treatment for which Plaintiffs have not provided the proper medical documentation for. h. Failure to provide any documented support from Plaintiff's employer for dates he was unable to work because of his alleged allergic reaction and his rate of pay on a week-by-week basis together with medical documentation of his inability to work at those times. i. Failure in general to sufficiently respond to written discovery by stating, that "Discovery is ongoing. The Plaintiffs reserve the right to supplement later.", or something similar. 5. The Defendant submits that at this point in the litigation the Plaintiffs have had an ample opportunity to conclude their investigation into their own claims and be in a position to finalize the supporting testimony, experts and documentation to support those claims and therefore provide the Defendant with 'their final answers to the Interrogatories and Request for Production of Document as required by the Rules of Civil Procedure. 6. Therefore, the Defendant seeks an Order requiring the Plaintiffs to provide all of the answers, responses and documentation they intend to rely on at trial in this matter within twenty (20) days or be precluded from offering the evidence at trial. 7. Additionally, the Defendant seeks an Order requiring the Plaintiff to specifically identify the expert and lay witnesses they intend to offer at the time of trial and provide the necessary reports and documentation required by the Pennsylvania Rules of Civil Procedure. 8. A status conference is requested to set these deadlines as stated, to finalize damages and to set a date for trial. 9. No judge has been assigned to this matter nor made a ruling related to this matter. 10. Plaintiff's counsel has not responded as to his position in filing the instant Motion. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an Order scheduling a Status Conference. JOHNSON, DUFFIE, STEWART & WEIDNER By: av W Wad D. M nley, Esquire Attorney I. D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: Attorneys for Defendant :428285 5774-524 ????? JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C, DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY ., L E MELISSA PEEL GREEVY WADED. MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN SARAH E. HOFFMAN L A W O F F I C E S ANDREW J. PETSU, JR. J(mSON OF COUNSEL HORACE A. DUFFIE N LEE SHIPMA (1965-2006) tVRrm s Ex F. Noi 119 E-NfAIL crw(a_jdsw.com. July 29, 2010 Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Re: Barry and Nancy Hake v. Dennis R. Wright d/bla Dean's Roofing No. 07-2207 Civil Cumberland County C.C.P. Claim No. MO-702882 VM Dear Liz: In follow-up to my letter to you of July 14, 2010, 1 am writing this letter to address some deficiencies I perceive in your discovery responses. In the third paragraph of my letter of July 14, 2010, 1 inquired about the identity of the expert witnesses who would be testifying in regard to the mold issue. Now I see that we do not have any reports from any of Mr. Hake's physicians. Presumably, one of his physicians will be testifying about the claimed impact of any mold on him. I therefore request that you provide us with a report by that physician in compliance with Pa. R. C. P. 4003.5. 1 would expect that it would be Dr. Zuckerman. In answers to Interrogatories, you answer by stating "See Complaint and the documents attached to the Answer to Defendants' Request for Production of Documents and the attached Chart. By way of further response, discovery is ongoing. The Plaintiff reserves the right to supplement later" or some variation thereof. Specifically, I note such responses in answers to subparts of interrogatory number 2, interrogatory number 4 and interrogatory number 9. We do not consider these satisfactory responses. We ask that you answer each such interrogatory specifically by providing the appropriate sworn descriptions, itemizations and identifying information instead of leaving it to us to try to glean from some unspecified documents what your answer would be. Again turning to expert witnesses and answer to interrogatory number 7, you state "Plaintiffs have identified numerous people and have attached numerous reports and/or estimates provided by said identified people. Plaintiffs reserve the right to utilize the individuals and/or reports and/or estimates identified therein. By way of further response discovery is ongoing. The Plaintiffs reserve the right to supplement later." We submit that that is not compliant with Pa. R. C. P. No. 4003.5. 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Elizabeth J. Saylor, Esquire July 29, 2010 Page 2 We note also that you responded similarly in regard to interrogatory number 6 relating to trial witnesses. We ask that you specifically identify trial witnesses so that any who have not been deposed can be deposed. ------------- We note also that there are other answers where you refer to extrinsic documents and reserve the right to supplement both or a combination of such answers. See answers to interrogatories 5, 8 9 and 11. We ask that you now provide us with specific answers to these interrogatories. Turning to your answers to our Request for Production of Documents, when we asked for expert witness reports in request number 26, your answer was "Any and all documents that have been identified and/or provided to Defendant in response to Defendant's discovery request. By way of further response, discovery is ongoing. The Plaintiffs reserve the right to supplement later. Again, we submit that in conjunction with your answer to our expert witness interrogatory this is not compliant with Pa. R. C. P. No. 4003.5. In response to our first Request for Production of Documents, there is a chart of property damage. I am assuming that is the chart referred to in your answer to interrogatory number 2 inquiring about personal property damaged or destroyed as a result of the incident. While there is an extensive list of various furnishing and other items on a room-by-room basis, many of the questions asked in interrogatory 2 are not answered but rather "unknown" is indicated on the chart for date of acquisition, acquisition cost and the like. There are instances where receipts are attached to the chart and there are instances where no records are attached to the chart, although dollar values are set forth. We request that you promptly provide us with any and all other records substantiating the values of any item of household furnishings or personal property claimed to have been damaged or destroyed as a result of the incident and for which you claim damages. In regard to the chart referred to, I am enclosing herewith a copy of the chart itself for your convenient reference. As indicated, "unknown" is given in response to various questions. There are supporting records for some of the items. Those items are highlighted in blue. There are no records for other items. Those items are highlighted yellow. We ask that you withdraw your claims for the items for which you cannot provide the requested information. We ask that you provide supporting records in regard to the yellow highlighted items. In response to Request for Production of Documents number 9 relating to medical bills, there is a packet of medical bills. Our review indicates some of them are not related to Mr. Hake's complaints. We would appreciate it if you would promptly provide us with an itemization of all medical bills for which Mr. Hake claims reimbursement and attach to the itemization the supporting medical bill so that we may evaluate this claim. There are also medical bills included from providers for dates for which you have not provided medical records. We would appreciate being provided with an itemization of all medical bills for which Mr. Hake seeks reimbursement, as well as copies of those bills and the medical records from the providers for the dates of treatment. Elizabeth J. Saylor, Esquire July 29, 2010 Page 3 In many of your responses to both our first set of Interrogatories and first Request for Production of Documents, you state that "Discovery is ongoing. The Plaintiffs reserve the right to supplement later.", or something similar. I submit that by now you have had an ample -opportunity to do-so: Please-provide-us-with-your-final-answers to our first set of interrogatories - - - and document requests as required by the Rules of Civil Procedure. We note that in your amended complaint you submit a Bi-Tech estimate as one to be used by you to present the damages reflected therein. However, there is a William E. Witter, P.C. estimate in the discovery responses. In conjunction with our prior letter and our request for expert reports, please advise which of these two contractors will be your testifying expert at trial with regard to damages. In the event that there is a loss of earnings claim by Mr. Hake, we would appreciate being provided with verification thereof by a statement from his employer for the times that he was off work because of his claimed allergic reaction, and the rate of pay on a week-by-week basis together with medical documentation of his inability to work at those times. We request that you provide all of the above requested information and any additional or further supplementation of previously supplied information within 30 days of the date of this letter. We ask that you provide answers and not reference to extrinsic documents that require us to guess at what your answers are or would be. We do so in a good faith effort to obviate the need to file a motion for a status conference to establish a final pre-trial discovery schedule and deadlines related to these items. Very truly yours, E, STEWART & WEIDNER C. Roy CRW:mer:407889 Enclosure Item Data of Acquisition Acquisition Cost Identifv Bedroom 1 unknown August, 2003 April, 2001 unknown lBk ase un known unknwn unknown unknown unknown unknown October, 1997 1;01g> unknown un known unknown unknown Dresser _-_- - unknown unknown unknown Dresser Entertainment Center unknown unknown unknown Lam Shade unknown unknown unknown Lam Shade unknown unknown unknown Mirror unknown unknown unknown Night Stand unknown unknown unknown unknown unknown unknown Picture own k Picture unknown unknown n un unknown unknown unknown Picture own k Picture ; . unknown unknown n un unknown unknown unknown Picture k unknown unknown nown un Picture wn k bl unknown unknown no un e Ta wn k Television - Small unknown unknown no un Living Room October, 2005 AMd@M unknown t bi C unknown unknown unknown ne a li R unknown unknown unknown ner ec Unholstered Chair unknown unknown unknown , Unholstered Chair unknown unknown unknown , Grandfather Clock unknown unknown unknown Rocking Horse Collectibles unknown unknown unknown , Dresser unknown unknown unknown Lam Shade unknown unknown unknown Lam Shade unknown unknown unknown Lam Shade unknown unknown unknown Lam unknown unknown unknown Lam unknown unknown unknown Lamp unknown unknown unknown Mirror unknown unknown unknown Ottoman unknown unknown unknown Sofa unknown unknown unknown Table unknown unknown unknown Table unknown unknown unknown Table unknown unknown unknown Game Table unknown unknown unknown Table unknown unknown unknown . Wall Hanging unknown unknown unknown Kitchen/Dining Toaster Oven unknown unknown unknown rhmr Wnnd unknown unknown unknown V-\QWU\lf; - kow c kce-?&5 r? ?? er Wood Chair unknown unknown unknown , Wood Chair unknown unknown unknown , Wood Chair unknown unknown unknown , Wicker Chair unknown unknown unknown Wicker Chair unknown unknown unknown Wicker Chair unknown unknown unknown Credenza unknown unknown unknown Morcowave unknown unknown unknown August200 5 unknown Dinin Table unknown unknown unknown Kitchen Table unknown unknown unknown December, 1996 AWIVAN unknown February, 1999 unknown December, 1982 unknown Windows unknown $3,700.00 unknown Door unknown $750.00 unknown Family Room Book Case unknown unknown unknown Rocking Chair unknown unknown unknown Upholstered Chair unknown unknown unknown Upholstered Chair unknown unknown unknown Entertainment Center unknown unknown unknown Floor Lamp unknown unknown unknown Soft unknown unknown unknown Stereo Equipment unknown unknown unknown Stereo Equip ment unknown unknown unknown Stereo Equipment unknown unknown unknown Table unknown unknown unknown End Table unknown unknown unknown End Table unknown unknown unknown Occasional Table unknown unknown unknown illiff December, 2006 ;eee'e4 unknown - Master Bedroom April, 1996 unknown U holstered Chair unknown unknown unknown Metal Chest (Safe) unknown unknown unknown Dresser unknown unknown unknown Dresser unknown unknown unknown Lam Shade unknown unknown unknown Lam unknown unknown unknown Mirror unknown unknown unknown End Table unknown unknown unknown Television - Medium unknown unknown unknown April, 1996 unknown Bedroom 2 Bed, Footboard unknown unknown unknown Frame/Rails unknown unknown unknown Headboard unknown unknown unknown Wood Chaird unknown unknown _ unknown Cedar Chest unknown unknown unknown Small Desk unknown unknown unknown Dresser unknown unknown unknown Picture unknown unknown unknown Picture unknown unknown unknown Picture unknown unknown unknown Picture unknown unknown unknown Picture unknown unknown unknown Picture unknown unknown unknown Picture unknown unknovrn unknown Picture unknown unknown unknown Picture unknown unknown unknown Picture unknown unknown unknown Picture unknown unknown unknown Picture unknown unknown unknown Laundry Room Shelving unknown unknown unknown Shelving unknown unknown unknown Filing Gabinets unknown unknown unknown Filing Cabinets unknown unknown unknown Upholstered Chair unknown unknown unknown Wood Chair unknown unknown unknown Wood Chair unknown unknown unknown Dresser unknown unknown unknown p November, 1997 unknown Work Table unknown unknown unknown Air Hockey Table December, 2001 $299.00 unknown Basement Storage Window Screen unknown unknown unknown Window.Screen unknown unknown unknown Window Screen unknown unknown unknown Window Screen unknown unknown unknown Appliances unknown unknown unknown Appliances unknown unknown unknown Appliances unknown unknown unknown Bicycle unknown unknown unknown Bicycle June, 1990 $450.00 unknown Bicycle June, 1990 $450.00 unknown Cedar Chest unknown unknown unknown Cedar Chest unknown unknown unknown Fan unknown unknown unknown Fire Place Accessories unknown unknown unknown Outdoor Furniture unknown unknown unknown Outdoor Furniture unknown unknown unknown Outdoor Furniture unknown unknown unknown Outdoor Furniture unknown unknown unknown Outdoor Furniture unknown unknown unknown Outdoor Furniture unknown unknown unknown Floor Lamp unknown unknown unknown Wall Hanging December, 1998 $1,100.00 unknown CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that I served a true and correct copy of the foregoing Defendant's Motion for Status Conference upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of January, 2011, addressed to the following: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 JOHNSON, DUFFIE, STEWART & WEIDNER By: Oval Wa a D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant BARRY HAKE AND NANCY HAKE, PLAINTIFFS V. DENNIS R. WRIGHT, D/B/A DEAN'S ROOFING, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2207 CIVIL IN RE: CASE MANAGEMENT ORDER OF COURT AND NOW, this 2"d day of March 2011, after status conference with counsel, IT IS HEREBY ORDERED AND DIRECTED that: 1. The expert report of Steven Yingst, of Criterium-Yingst Engineers Inc., will be provided to Defendant on or before Tuesday, March 8, 2011. If the report is not provided to Defense Counsel by March 8, 2011, a hearing will be held on Wednesday, March 9, 2011, at 9:30 a.m. at which Steven Yingst will be required to appear. 2. Plaintiffs will provide Defense Counsel with an exact list of the property damages they are claiming, to include the replacement costs. Failure to provide any documentation regarding replacement costs will preclude such evidence from being admitted at trial. 3. Plaintiff will provide an expert report regarding his medical damages on or before April 29, 2011. Failure to produce such expert report will preclude Plaintiff from seeking medical damages at trial. IT IS FURTHER ORDERED AND DIRECTED that this matter shall be set down for trial during the Civil Term to begin December 5, 2011. Counsel are attached for trial of said matter. All witnesses to be called at said trial shall be disclosed to the opposing party along with any reports pertaining to their testimony on or before September 26, 2011. Failure to disclose a witness or report will preclude the testimony of said witness at trial. By the Court, M. L. Ebert, Jr., J. Elizabeth J. Saylor, Esquire Attorney for Plaintiffs Wade D. Manley, Esquire Attorney for Defendant "--€: ==-? bas ?o??e6 vt?a.Ile 3/3/ii BARRY HAKE AND NANCY HAKE, IN THE COURT OF COMMON PLEAS OF PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA V. DENNIS R. WRIGHT, -= == -- D/B/A DEAN'S ROOFING, DEFENDANT NO. 07-2207 CIVIL IN RE: CASE MANAGEMENT ORDER OF COURT +y c.; ° m:aT RE: PROPERTY DAMAGE AND NOW, this 7th day of March 2011, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiffs shall provide Defense Counsel with an exact list of their damaged property on or before June 15, 2011. The property will be listed as a total loss or not a total loss. The value of property which is a total loss will be measured by either its market value or its special value to the Plaintiff, whichever is greater. The value of property that is not claimed as a total loss will be measured by the difference in the value before and after the harm or the reasonable cost of repairs. By the Court, NO, ?AA\ M. L. Ebert, Jr., J. Elizabeth J. Saylor, Esquire Attorney for Plaintiffs Wade D. Manley, Esquire Attorney for Defendant bas . 1? MOL' eope5 D?,6 BARRY HAKE AND IN THE COURT OF COMMON PLEAS OF NANCY HAKE, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, DEFENDANT 07-2207 CIVIL TERM PRETRIAL CONFERENCE A pretrial conference was held on November 23, 2011. In attendance were Plaintiff's counsel, Elizabeth J. Saylor, Esquire and Peter J. Russo, Esquire, and Defense counsel Wade D. Manley, Esquire. This is a breach of contract and unjust enrichment case that arises out of Defendant's installation of a new shingled roof on Plaintiffs' home in April of 2003. Originally, Plaintiffs had filed a Count 3 in negligence that was dismissed by order of court dated November 28, 2007, which sustained Defendant's preliminary objection. Plaintiffs are seeking damages for the costs of repairing the roof, remediating mold damage and of cleaning mold-infested personal property. Based on a review of the pre-trial memorandums, it is clear that this case not only involves allegations of mold damage in Plaintiffs' residence but also mold damage to the parties' relationship. As a consequence, the court is presented with extensive witness and exhibit lists and the contention of counsel that this case will require three days for the presentation of evidence. It is the court's contention that stipulations regarding witnesses and exhibits should be readily attainable, resulting in a streamlined trial that should last slightly over two days - one day for the presentation of each side's case plus closing, charge and deliberations. 07-2207 CIVIL TERM In furtherance thereof, we issue the following directions to counsel and the parties: 1. Each side will be granted four peremptory challenges. 2. The jurors will be permitted to take notes during the evidentiary phase of the trial. 3. Defense counsel questions Stephen Yingst's mold remediation certification, which if not verified to his satisfaction will require a motion in limine. There are no other challenges to the proposed experts' credentials. 4. The parties will stipulate to the chain of custody regarding samples from the Hake house, which were tested by EMLab P&K and SanAir Technologies Laboratory respectively. If there are additional multiple stipulations arrived at by the parties, they shall be presented in writing to the court prior the start of trial. 5. The parties will mark and exchange all exhibits prior to trial and provide a binder to the court containing their respective exhibits. 6. Suggested points for charge shall be submitted to the court prior to the start of trial on December 5, 2011. With respect to settlement, it appears that negotiations came to a halt in November, 2009 when, apparently, Harleysville Insurance Company determined that a denial of coverage was in order. At that time, mediation was abandoned and no serious negotiations have occurred since then. Because of the dearth of negotiations in a matter that could have been resolved through mediation, we determine that it is necessary pursuant to Pa.R.C.P. 212.5 to schedule a settlement conference. -2- 07-2207 CIVIL TERM Therefore, the parties and counsel are directed to appear for a settlement conference on Wednesday, November 30, 2011, at 10:30 a.m. in the chambers of Courtroom Number 5. Also in attendance at that time will be a representative from Defendant's insurance carrier, Harleysville Insurance Company, and Defendant's private counsel, H. Anthony Adams, Esquire. By the Court, Albert H. 4snd:::L , J. Elizabeth J. Saylor, Esquire /Peter J. Russo, Esquire For Plaintiffs VWade D. Manley, Esquire c For Defendant rim rim :x =rrn n rn_ Z ;:O -C "C7 i/ H. Anthony Adams, Esquire rv ?Court Administrator :saa J /?311 r jGL -3- x Johnson, Duffie, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com FILED' IFFICE CIE T&PRt N4NOTAM ZOO J OEC 28 AM IkftZkys for Defendant Cu PENNSYLVANIA TY BARRY HAKE and NANCY HAKE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-2207 V. : CIVIL ACTION - LAW DENNIS R. WRIGHT d/b/a DEAN'S ROOFING, JURY TRIAL DEMANDED Defendant PRAECIPE TO ENTER JUDGMENT AFTER VERDICT TO THE PROTHONOTARY: Kindly enter judgment in favor of the defendant and against the plaintiff on the verdict of the jury, as no timely post-trial motions have been filed. JOHNSON, DUFFIE, STEWART & WEIDNER By: V) MOA t Wade D. M nley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: (??L?If 1 Attorneys for Defendant 474282 5774-524 a(wf'Sl`locpdQ? 9 38syY x10 91&19 l 0 -C e. No W W _ y CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 27th day of December, 2011, addressed to the following: Peter J. Russo, Esquire Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257-1813 JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade D. Manley, Esquire