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HomeMy WebLinkAbout07-3462IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEROY K. GORDON and Civil Action - Law KAREN E. GORDON, husband and wife, Plaintiffs V. No. APPARATUS REPAIR & ENGINEERING, INC., Defendant Hon. NOTICE TO PLEAD TO: Apparatus Repair & Engineering, Inc., Defendant You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action 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 claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL REFERRALS PA Bar Association Lawyer Referral Service (800) 692-7375 (PA only) (717) 238-6715 Americans with Disabilities Act of 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEROY K. GORDON and Civil Action - Law KAREN E. GORDON, husband and wife, Plaintiffs APPARATUS REPAIR & ENGINEERING, INC., Defendant Hon. COMPLAINT COME NOW the above named Plaintiffs, by and through their undersigned attorney, and for their Complaint against the Defendant state to the Court as follows: 1. The Plaintiffs are Leroy K. Gordon and Karen E. Gordon, husband and wife, sui juris adult residents of the Commonwealth of Pennsylvania, with an address of 186 Booz Road, Shippensburg, Pennsylvania. 2. Defendant is Apparatus Repair and Engineering, Inc., on information and belief a Maryland corporation with its principal place of business at 90 West Lee Street, Hagerstown, Maryland. 3. Plaintiffs own and have constructed a residence at 186 Booz Road in Cumberland County, Pennsylvania, with a mailing address in Shippensburg, Pennsylvania, as set forth above. 4. On or about October 9, 2006, in conjunction with the construction of their residence, the Plaintiffs ordered a sixty (60) kilowatt standby generator from Defendant at a total cost of $22,000.00 plus Pennsylvania sales tax. 5. The Defendant invoiced Plaintiff on October 20, 2006 for one half ('/z) of the cost of the generator, or $11,000.00, plus $660.00 sales tax. The invoice provided for interest due on unpaid amounts after thirty (30) days. A true and correct copy of Invoice No. CR0704403 is attached hereto and by this reference made a part hereof, labeled as Exhibit "A." 6. Between October 20, 2006 and January 2, 2007, Plaintiffs paid $4,000.00 towards Invoice No. CR0704403. 7. On January 2, 2007, Defendant sent Plaintiffs a statement showing a balance due on the order of $7,660.00 as past-due. The invoice requested payment to avoid paying interest on the account. A copy of this statement is attached hereto and by this reference made a part hereof, labeled as Exhibit "B." 8. Between January 2, 2007 and January 10, 2007, Plaintiff made two (2) additional payments of $2,000.00 each on the account. 9. The Defendant only accepted one (1) of said payments, and then, by letter dated January 10, 2007, without prior notice or warning, Defendant unilaterally cancelled the order and imposed a $2,641.80 cancellation charge for the generator. That letter showed a credit for one (1) of the $2,000.00 payments, creating a total credit of $6,000.00. As indicated in the letter, the Defendant returned the second $2,000.00 deposit on January 10, 2007. A copy of the cancellation letter is attached hereto and by this reference made a part here of, labeled as Exhibit «C 10. Plaintiffs did take possession of a custom made automatic transfer switch with a value of $2,146.20. 11. Defendant acted in a commercially unreasonable manner in cancelling the order without warning, notice or opportunity to cure. -2- 12. Based on its actions, Defendant owes Plaintiffs the sum of $3,853.80. WHEREFORE, Plaintiffs respectfully request that the Court award them the sum of $3,853.80, plus interest and Court costs, which amount will be below the threshold for mandatory arbitration, and for such other relief as the Court deems just and equitable in the premises. Respectfully submitted, Date: ` ) I h • Cc'-u- g /0 7 0 James M. Stein, Attorney for Plaintiffs Dick, Stein, Schemel, Wine & Frey, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 -3- 05/04/2007 13:20 FAX. 47 CMI R002/002 No-9964 P. 7 )MMUCCAINON We verify that the statements made in the foregoing ploadiug are true and cornea to the best of our knowledge, infonnation and beliief. We understand tbat false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to uosworn falsification to authorities. Data: -7 l I-Oly K. r n, Plaintiff Date: 5 _ I -o--7 _4 Karen E. Gordon, Plaintiff -4- Apparatus Repair & Engineering, Inc. . RZk 90 West Lee Street, Hagerstown, MD 21740 Voice: (301) 739-8285 Hours: Mon-Fri 8:OOAM-5:OOPM First Quality - First Time Watts: (800) 592-3100 24 Hour Emergency Service Customer PO FAX: (301) 739-3804 Email: apprep@apprep.com F-IflMe -- Customer Number: I, 02987 Karen & Kenny Gordon ; Karen & Kenny Gordon 1,96 Booz Road 186 Booz Road Shippensburg, PA 17257 Shippensburg, PA 17257 (717) 477-8616 Shipped Date Ship Via 10/20/2006 Salesperson David Payne Order Date Original Order # - 10/9/2006 CR0704403 I I d own Payment for 60KW Standby Generator Package. 50% 11,000.00 11,000.00i EXHIBIT A Apparatus Repair Engineering, Inc. charges 1-11241, interest per month on overdue balances. All returns for credit must be authorized by A.R. E. in advance. No invoice will be credited without this prior authorization. A restocking and handling fee MAY Thank You Charge Card: HxpDate: Fed Tax ID: 52-1755208 - Subtotal: 11 000.001. Freight: 0.001 Other: 0.00 6.000 % Sales Tax 1: 660.001, 0.000 % Sales Tax 2: 0.00 Total: 11,660.00; Apparatus Repair & Engineering, Inc: Customer Statement A l? 90 West Lee Street, Hagerstown, MD 21740 =M Voice: (301) 739-8285 Hours: Mon-Fri 8:OOAM-5:OOPM First Quality - First Time Watts: (800) 592-3100 24 Hour Emergency Service Statement Date FAX: (301) 739-3804 Email: apprep@apprep.com Internet Website: www.apprep.com Jan 02, 2007 Customer ID: !1,0298-7 Karen & Kenny Gordon Apparatus Repair Engineering, Inc. 186 Booz Road reserves the right to charge interest, at Shippensburg, PA 17257 USA the rate of 1-1/2'Yo per month, on invoice amounts remaining unpaid after the due date based on the specified terms. Invoice Number Date Invoice Total Order Type Terms ! Customer PO Amount Due CR0704403 10/20/2006 11,660.00 Customer Service Invoice Net 30 Days 9,160.00 CR0704403 10/20/2006 11,660.00 Customer Service Invoice Net 30 Days 7,660.00 Total Paid Total Due Total Invoices: Total Discounts: Total Interest: Total 4,000.00 0.00 0.00 4,000.00 7,660.00 0.00 0.00 1-30 31-60 61-90 Over 90 days 0.00 0.00 7,660.00 0.00 To avoid paying interest on your account, please pay the listed invoices by the due date, which is based on the terms and conditions agreed upon between you and Apparatus Repair Engineering, Inc. We reserve the right to charge 1-1/2% per month on all amounts that remain unpaid after their due date. Total Past Due: Total Amount Due: 7,660.00 7,660.00 7,660.00 EXHIBIT 1 w,? 2..uP,rr =EA SA` AR , Apparatus Repair & Engineering, inc. Mr. Ken Gordon c/o L&K Restorations LLC PO Box 710 Shippensburg, PA 17257 Re: Order Cancellation Dear Mr. Gordon, U+i .1VP ?? EA SA January 10, 2007 I am writing to inform you that we have cancelled your order for a 60Kw generator and associated equipment. The required down payment has not been received in the agreed period of time. Kohler is requiring a cancellation charge for the generator order, those charges are listed below. The Automatic Transfer Switch is made to order and can not be returned, those charges are also listed below. You may pick up the Automatic Transfer Switch at our facility or we can ship it to your home, freight collect. If you do not take possession of the Automatic Transfer Switch within 60 days AR&E will dispose of the switch. The main disconnect and fuses may be returned to our suppliers for the cost of outbound freight and handling charges, those values are listed below. You may also take possession of these two items, please advise within the next 30 days. To date, we have received and deposited $6,000.00 from L&K Restorations, below is the breakdown of charges and credits, these values include Maryland state sales tax: ?L v Kohler Generator order value $18,242.00, cancellation charge: $2,641.80 Cutler-Hammer Automatic Transfer Switch, order value & amount due: $2,146.20 _ Cutler-Hammer main disconnect & fuses, order value is $1,057.35, outbound shipping & handling charges are: $132.30 Down payment received & deposited to date: $6,000.00 Potential Credit Value (see note below): $1,079.70 90 West Lee Street • Hagerstown, MD 21740 • Phone: (800) 592-3100 • FAX: (301) EXHIBR Website: www.ai)prep.com • Email: dspay ne(a?apprepxom Page 1 of 2 ?J Apparatus Repair & Engineering, Inc. Note: 7 he Potential Credit Value is based on AR&E returning the Cutler-Hammer main disconnect & fuses, if you would like to take possession of these items, the outbound shipping & handling charge can be deleted and your credit will be less the $1,057.35 for the main disconnect & fuses, f-or a revised credit value of $154.65. Please advise ASAP and we will mail a check for the appropriate balance. Also please find enclosed your last check #2359 for $2000.00. Respectfully, Dave Payne Sales Representative Page 2 of 2 T CD -n N ' L ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROY K. GORDON and KAREN E. RDON, husband and wife, CIVIL ACTION-LAW Plaintiffs, No. 07-3462 V. PARATUS REPAIR AND GINEERING, INC., Defendants. ENTRY OF APPEARANCE THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant, Apparatus Repair and Engineering, in the above-referenced matter. Respectfully submitted, BLACK AND DAVISON BY: - Elliott B. Sulcove Attorney I.D. No. 84593 82 West Queen Street Chambersburg, PA 17201 (717) 264-5194 Attorney for Defendant, Apparatus Repair & Engineering, Inc. CERTIFICATE OF SERVICE I, Elliott B. Sulcove, hereby certify that I served a copy of the foregoing Entry of of Defendant Apparatus Repair & Engineering, Inc. on July 16, 2007, via first class postage prepaid, upon counsel of record as follows: James M. Stein, Esquire Dick, Stein, Schemel, Wine & Frey, LLP 13 West Main Street, Suite 210 Waynesboro, PA 17268 BLACK AND DAVISON Elliott B. Sulcove C." Q -r1 - `i) DTs r = r? ,J i Co f_ -_? -C • 10. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEROY K. GORDON and KAREN E. GORDON, husband and wife, CIVIL ACTION-LAW Plaintiffs, No. 07-3462 V. APPARATUS REPAIR AND ENGINEERING, INC., Defendants. NOTICE TO PLEAD TO: Leroy K. Gordon and Karen E. Gordon, husband and wife, and their attorney: You are hereby notified to file a written response to the enclosed Answer with New Matter to Plaintiff s Complaint within twenty (20) days from service hereof or judgment may be entered against you. BLACK AND DAVISON BY: Elliott B. Sulcove, Esquire Attorney I.D. No. 84593 82 West Queen Street P.O. Box 513 Chambersburg, PA 17201 (717) 264-5194 Attorneys for Defendant Apparatus Repair & Engineering, Inc. 1 T so. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEROY K. GORDON and KAREN E. GORDON, husband and wife, CIVIL ACTION-LAW Plaintiffs, No. 07-3462 V. APPARATUS REPAIR AND ENGINEERING, INC., Defendants. ANSWER WITH NEW MATTER Apparatus Repair and Engineering, Inc. ("AR&E"), by and through its undersigned counsel Black and Davison answers plaintiff's complaint as follows: 1. After reasonable investigation, AR&E is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph, and they are therefore denied. I 2. Admitted. 3. After reasonable investigation, AR&E is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph, and they are therefore denied. 4. Admitted in part, denied in part. It is admitted only that plaintiffs ordered a Kohler 60kw generator with battery, a 400 amp service entrance disconnect, and a 400 amp automatic transfer switch at a total price of $22,183 plus tax, including delivery and startup in October of 2006. 2 y 5. To the extent that this paragraph refers to Invoice No. CR0704403, such invoice is a written document which speaks for itself. It is admitted that the invoice reflected a date of October 20, 2006 and that the total including sales tax was reflected as $11,660.00. 6. Admitted in part, denied in part. It is admitted that on October 20, 2006, AR&E a check in the amount of $2,500.00. On November 6, 2006, AR&E called and left a message for plaintiff regarding the balance of the down payment. AR&E called again November 6, 2006, and spoke to plaintiff's wife. Plaintiff's wife promised to pay the balance the down payment. AR&E followed up these telephone calls with another call and voicemail (message on November 27, 2006. No further funds were received by AR&E until December 8, 12006, when a second check in the amount of $1,500.00 was received. This check was not due to insufficient funds. On December 12, 2006, AR&E spoke to plaintiff and advised of his obligations regarding payment of the balance of the down payment, and advised him he was in material breach of the contract. Plaintiff called AR&E on December 13, 2006, and full payment of the balance by December 22, 2006. A replacement check in the mt of $1,525 was tendered on or about December 20, 2006. On December 27, 2006, AR&E led plaintiff and demanded payment of the balance of the down payment. On January 3, , AR&E received a check in the amount of $2,000.00, still well short of the total promised i payment. On January 8, 2007, AR&E received a check for $2,000.00. This check was not and was returned to plaintiffs by mail on January 25, 2007. 7. The allegations of this paragraph refer to an invoice which is a written document speaks for itself. To the extent that this paragraph contains factual allegations which do refer to the invoice, AR&E incorporates by reference its response to paragraph 6 above as if forth fully herein at length. 3 8. Admitted in part, denied in part. AR&E incorporates by reference its response to paragraph 6 above as if set forth fully herein at length. By way of further response, a payment of $2,000.00 received on January 8, 2007 was not cashed and was returned to plaintiffs by mail. 9. Denied in part, denied as stated in part. To the extent that this paragraph contains allegations regarding the payments tendered by plaintiff, AR&E incorporates by reference its responses to paragraphs 6 and 8 above as if set forth fully herein at length. To the extent that this paragraph contains allegations that AR&E "unilaterally cancelled the order," AR&E incorporates !by reference its responses to paragraph 6 above as if set forth fully herein at length. To the contrary, AR&E made telephone calls and left voicemail messages for plaintiffs regarding their jfailure and/or refusal to tender the balance of the down payment. Moreover, AR&E provided intiffs with opportunities to cure said failure and/or refusal to tender the down payment. warned and notified plaintiffs that they were in material breach of the contract. To the extent that this paragraph contains allegations regarding a cancellation charge, said cancellation was imposed by the manufacturer of the generator, and was the direct and proximate of plaintiffs' failure and/or refusal to tender the down payment, despite notifications that down payment was due and owing. To the extent that this paragraph contains allegations ing a letter, the characterization of which is denied, such letter is a written document speaks for itself. 10. Admitted in part. It is admitted that plaintiffs are in possession of an automatic switch priced at $2,146.20. By way of further response, plaintiffs are also in possession a 400 amp safety switch priced at $917.00. 11. Denied. This paragraph contains conclusions of law to which no responsive ing is required. By way of further response, AR&E's actions were commercially 4 !reasonable, and were only taken after a material breach of the contract by plaintiffs and after AR&E provided plaintiffs with repeated notice of said breach and opportunity to cure. AR&E 1 incorporates by reference its responses to paragraphs 6, 9, and 10 as if set forth fully herein at length. 12. Denied. The allegations of this paragraph are specifically denied. To the I contrary, plaintiffs have not been damaged, and any alleged losses are the direct and proximate of plaintiffs' own material breach of the contract. WHEREFORE, defendant AR&E respectfully requests that this Court enter judgment in its favor and against plaintiffs, dismiss the complaint with prejudice, and grant such other relief las the Court deems equitable and just. NEW MATTER 13. AR&E incorporates by reference its responses to paragraphs 1 through 12 above if set forth fully herein at length. 14. Plaintiff's claims are or may be barred by the applicable statute of limitations. 15. AR&E's actions were at all times commercially reasonable. 16. Plaintiffs repeatedly failed and/or refused to tender the agreed-to down payment $11,000.00 plus tax, despite the passing of almost three months and despite follow up calls, voicemail messages, and emails from AR&E demanding payment. 17. By failing and/or refusing to tender the agreed-to down payment, even after notice the same was overdue and after an opportunity to cure, plaintiffs materially breached the 5 18. The imposition of a cancellation charge was the direct and proximate result of plaintiffs' failure to tender the agreed-to down payment, and material breach of the contract 'i'thereby. 19. Plaintiffs have retained an automatic transfer switch with a value of $2,146.20. 20. Plaintiffs have retained a 400 amp main safety switch with a value of $917.00. WHEREFORE, defendant AR&E respectfully requests that this Court enter judgment in its favor and against plaintiffs, dismiss the complaint with prejudice, and grant such other relief ,as the Court deems equitable and just. Respectfully submitted, BLACK AND DAVISON BY: Elliott B. Sulcove Attorney I.D. No. 84593 82 West Queen Street Chambersburg, PA 17201 (717) 264-5194 Attorney for Defendant, Apparatus Repair & Engineering, Inc. 6 VERIFICATION I, Denver J. Weigel, President of Apparatus Repair & Engineering, Inc. hereby certify that I am authorized to make this Verification, and that I have read the foregoing Answer with New Matter which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This Verification is made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. DatiTtA 1 , 2007 7 CERTIFICATE OF SERVICE I, Elliott B. Sulcove, hereby certify that I served a copy of the foregoing Answer with New Matter of Defendant Apparatus Repair & Engineering, Inc. on July 16, 2007, via first class mail, postage prepaid, upon counsel of record as follows: James M. Stein, Esquire Dick, Stein, Schemel, Wine & Frey, LLP 13 West Main Street, Suite 210 Waynesboro, PA 17268 BLACK AND DAVISON Elliott B. Sulcove 8 C 1 t - "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEROY K. GORDON and Civil Action - Law KAREN E. GORDON, husband and wife, Plaintiffs V. No. 07-3462 - Civil Term APPARATUS REPAIR & ENGINEERING, INC., Defendant Hon. PRAECIPE To the Prothonotary: Please file the enclosed Answer to New Matter and return the time-stamped, true and attested copies to me in the enclosed envelope. Thank you for your assistance with this matter, and please do not hesitate to contact me with any questions or concerns this may cause. Respectfully submitted, Date: le i cry 14Aes M. Stein, Attorney for Plaintiffs Dick, Stein, Schemel, Wine & Frey, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 ra } ?-? ^.?? ?-•- c:'-? 'Ti --`f C`"3 ... ? ?, ,?• w ---, ? f: '^ ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEROY K. GORDON and Civil Action - Law KAREN E. GORDON, husband and wife, Plaintiffs V. No. 07-3462 - Civil Term APPARATUS REPAIR & ENGINEERING, INC., Defendant Hon. ANSWER TO NEW MATTER COME NOW the above named Plaintiffs, by and through their undersigned attorney, and for their Answer to New Matter state to the Court as follows: 1. - 12. Plaintiffs incorporate Paragraphs 1 through 12 of their Complaint as if fully set forth herein. 13. No answer required. 14. The allegations contained in Paragraph 14 of the Defendant's New Matter are conclusions of law to which no answer is required. To the extent that an answer is required, the allegations are denied and strict proof is demanded at trial. 15. The allegations contained in Paragraph 15 of the Defendant's New Matter are conclusions of law to which no answer is required. To the extent that an answer is required, the allegations are denied in that the Defendants have kept the Plaintiffs' money and provided them with no benefit in return. 16. Denied. The Plaintiffs attempted to make payments toward said amount as set forth in their Complaint. 17. Denied. The allegations contained in Paragraph 17 of the Defendant's New Matter are conclusions of law to which no answer is required. To the extent that an answer is required, the contract did not contain any agreement for the date on which the down payment was due. 18. Denied for the reasons set forth in the Plaintiffs' Complaint and this Answer to New Matter. 19. Admitted. 20. Admitted. WHEREFORE, the Plaintiffs respectfully request that the Court enter judgment in their favor as requested in their Complaint, and for such other relief as the Court deems just and equitable in the premises. Respectfully submitted, Date: 011167 can , / IJ James M. Stein, Attorney for Plaintiffs Dick, Stein, Schemel, Wine & Frey, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 -2- 10/01/2007 07:37 FAX 47 Sep .19. • 2007 12 : 04PM CMI Z 004/004 No.1226 P. 12 I verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S_, Section 4904, relating to unsworn falsification to authorities. Date: L K. G d A Plaintiff PROOF O SERVICE I EMBY VERIFY that I have served the foregoing document upon counsel of record by depositing one (1) true and correct copy thereof in the United States Mail, postage prepaid, addressed as follows: Elliot B. Sulcove, Esquire Black & Davison 82 west Queen Street P. O. Box 513 Chambersburg, PA 17201 Date: 1 0)r 7 ?, 7,/. .Tames M. Stein, Attorney for Plaintiffs -3- r? c--? •-i ? 1 ? ?, 1 ; ?,.. i "?-7 . . .::' { ? .?/ `? -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEROY K. GORDON and Civil Action - Law KAREN E. GORDON, husband and wife, Plaintiffs V. No. 07-3462 - Civil Term APPARATUS REPAIR & ENGINEERING, INC., Defendant Hon. MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS COMES NOW the undersigned attorney, and for his Motion to Withdraw as Counsel for Plaintiffs in the above captioned matter states to the Court as follows: 1. Undersigned counsel has represented the Plaintiffs in this matter since approximately April, 2007. 2. As a condition of representation, the clients agreed to compensate the undersigned attorney on an hourly basis. 3. The clients have failed to make any payments to the attorney since September, 2007, despite monthly billings and reminder notices sent to the clients. 4. Plaintiffs and counsel have agreed that counsel should withdraw from Plaintiff's representation. 5. Undersigned counsel desires to withdraw as counsel for the Plaintiffs herein. 6. Undersigned counsel has contacted counsel for the Defendant, which counsel does not object to the withdrawal. WHEREFORE, undersigned counsel respectfully requests that the Court enter an Order allowing him to withdraw as counsel for the Plaintiffs in the above captioned matter. Respectfully submitted, Date: ! 3 1 $ 3;'-? M ?' - James M. Stein, Attorney for Plaintiffs Dick, Stein, Schemel, Wine & Frey, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 VERIFICATION I verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. Date: I1? to g J " 7)- V'- James M. Stein, Attorney for Plaintiffs PROOF OF SERVICE I HEREBY VERIFY that I have served the foregoing document upon counsel of record by depositing one (1) true and correct copy thereof in the United States Mail, postage prepaid, addressed as follows: Elliott B. Sulcove, Esquire P. O. Box 513 Chambersburg, PA 17201 Leroy K. & Karen E. Gordon 186 Booz Road Shippensburg, PA 17257 Date: '-" w, zu, James M. Stein, Attorney for Plaintiffs -2- Cl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEROY K. GORDON and Civil Action - Law KAREN E. GORDON, husband and wife, Plaintiffs JUN 0 61008,0y3 V. No. 07-3462 - Civil Term APPARATUS REPAIR & ENGINEERING, INC., Defendant Hon. RULE TO SHOW CAUSE AND NOW, this / / 166 day of L./ /,t A/ L , 2008, upon consideration of the foregoing Motion to Withdraw as Counsel for Plaintiffs, it is hereby ordered that: 1. A rule is issued upon the Plaintiffs to show cause why counsel is not entitled to the relief requested; 2. The Plaintiffs shall file a verified Answer to the Motion to Withdraw as Counsel for Plaintiffs within twenty (20) days of service upon the Plaintiffs. If no answer is filed, the Motion will be granted. q3" 44m Mmi- rarr-ue i e under Pa. R. P. pon e Motion to i raw as ounse or a1n s; 5 gument s all be held on ' o e um er an o r e, -F? fraulsylviulta ------ 11 ues o ert er party; and Y Notice of the entry of this order shall be provided to all parties by counsel for the Plaintiffs. Judge -2- 1t-4imy O ?P}???? -SQf??17 bl Obi1 Aii(1(}'1 'S ; I I wv I I Nnr 8001 ?+1Q?ltiNlQad 3Hi ?