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Home My WebLink About03-5343 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYl.VANIA No. 03 - SJ,lf-3 (!,vJ...C ,~ Civil Action - (X) Law . I () Equity CHARLES LYNCH and LISA LYNCH: YINGST HOMES, INC. Husband and Wife 7100 Fishing Creek Valley Road 826 Reese Avenue Harrisburg PA 17112 Hershey PA 17033 : WHEATLAND CUSTOM HOMES, INC. 449 Granite Run Drive Lancaster PA 17604 : AMOS ESCH tJd/b/a DEER RIDGE CONSTRUCTION 159A Ridgeview Road Loysville PA 1704l : BYLER CONSTRUCTION COMPANY 6124 East State Street Hermitage PA 16148 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. -L Writ of Summons shall be issued and forwarded to ( ) Attor ey (X) Sheriff Steohen G. Held. Esa. HANDLER. HENNING & ROSENBERG 1300 Linalestown Rd. Harrisbura. PA 17108 717 -238-2000 Names/AddresslTelephone No. of Attorney Date: October 6. 2003 Supreme Court ID No. 72663 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE NAMED I?LAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. l /J (J.lAhJ J). ~ Prothonotary ? Date: 1ld- p, ':>/"'61.3 '9y... a~o~" _2.?:!tg&~ Deput ( ) Check here if reverse is issued for additional information ;QP"<J. it- 'i .~ ~ _ CF't b>~~ ~~F -1- (") ~ \Ji~": OJi'? L-j Zi (n,:. -<;' ~,:- z )> C) c..;) ,=> C'") -l I Q) --0 ::t: Cf? :::> 0:> o ~TI 8 -., ,,-' ;i;~n ,c....:,: '..) ~-:-,J " -'1 (') ,;:j.-.1 .-! ~ CHARLES LYNCH and LISA LYNCH : IN THE COURT OF COMMON PLEAS Husband and Wife : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 03-5343 BYLER CONSTRUCTION COMPANY CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please re-issue the Writ of Summons in the above referenced matter. Please instruct the Sheriff of Cumberland Countyto deputize the Sheriff of Juniata County to serve the Writ of Summons upon the Defendant at the following address: Byler Construction R.D.2 Box 1245 Port Royal, PA 17082 HANDLER, HENNING & ROSENBERG Date: UJ By ~l!t:jJW Steph n eld I.D.# :2663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff (") <::) 0 C t.V -n ;;>'" ~ .~." , ':~ -orL .. n'fl , Z:r "i8 zc t""":' <I)., .~ ~.~ ;~l) ~t ." fi -, :;J ,~ . ,; C) Zl~-, :Pt ~ .".en ",.i ~~ Z :J1 1J -:J -, W '"" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYNCH CHARLES ET AL VS YINGST HOMES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: YINGST HOMES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 6th, 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 30.50 .00 67.50 11/06/2003 HANDLER HENNING So answer . /.? ,-;:.? ',~ ~;;:~> ~,.-~ R. Thomas Kline Sheriff of Cumberland County ROSENBERG Sworn and subscribed to before me this lYe"'. day oftu,.tJ.V...JL, .;;LVOc;,A.D. " 4..<. O~,., ~ ' Prothonotary , ~1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYNCH CHARLES ET AL VS YINGST HOMES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WHEATLAND CUSTOM HOMES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 6th, 2003 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep Lancaster Co 6.00 9.00 10.00 32.30 .00 57.30 11/06/2003 HANDLER HENNING So answers,,;.....-~ /"'./, ~/"-_., ~"""/ ,~ /~~./ ~', /-'/...,~-a~' R; Thomas Kline Sheriff of Cumberland County ROSENBERG Sworn and subscribed to before me this ~ I'I~ day of I'U~ J.uD" A.D. ~w . Q 'nvi&-- J' Qd:. , Prothonotary 'r" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYNCH CHARLES ET AL VS YINGST HOMES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ESCH AMOS TDBA DEER RIDGE CONSTRUCTION but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 6th, 2003 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 6.00 9.00 10.00 29.36 .00 54.36 11/06/2003 HANDLER HENNING ~"~"'..'" ~- ~__/. - ..' /"" R. Thomas Kline ~ ~ Sheriff of Cumberl(nd County .--" ROSENBERG Sworn and subscribed to before me this /'t 15:- day of'}/U~ ;2...1103 A.D. ~Q~ . prothonotat~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYNCH CHARLES ET AL VS YINGST HOMES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BYLER CONSTRUCTION CO but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MERCER County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 6th, 2003 , this office was in receipt of the attached return from MERCER Sheriff's Costs: Docketing Out of County Surcharge Dep Mercer County So answe 4- ~ 6.00 9.00 10.00 27.00 .00 52.00 11/06/2003 HANDLER HENNING R. Thomas-K ~ne Sheriff of Cumberland County ROSENBERG Sworn and subscribed to before me this /'/& day of ~. do03 A.D. c+r Q~ -- ~prothonotary~ In The Court of Common Pleas of Cumberland County, Pennsylvania Charles Lynch et al VS. Yingst Hames. Inc et al SERVE: Yingst Hames, Inc. No. 03-5343 civil Now, October 9, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~(?/ ?-~' -r ~-:n:""'< <,r:e~.4' I Sheriff of Cum berland County, P A Affidavit of Service Now, , 20_" at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ @ffitt of tfr~ ~4~xiff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LYNCH CHARLES vs County of Dauphin YINGST HOMES Sheriff's Return No. 2727-T - -2003 OTHER COUNTY NO. 03 5343 AND NOW:October 15, 2003 at 10: 55AM served the within WRIT OF SUMMONS upon YINGST HOMES by personally handing to KATHY YINGST (WIFE) 1 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 7100 FISHING CREEK VALLEY ROAD HARRISBURG, PA 17112-0000 Sworn and subscribed to before me this 15TH day 07~CTOBER, 2003 ~'~r:Aw ~. (f)OIuna) So Answers, JR~ She~a"X~ PROTHONOTARY -. By Deputy Sheriff Sheriff's Costs: $30.50 PD 10/14/2003 RCPT NO 183761 SS In The Court of Common Pleas of Cumberland County, Pennsylvania Charles Lynch et al VS. Yingst Hanes, Inc et al SERVE: Wheatland Custom Hanes, Inc No. 03-5343 civil Now, October 9, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lancaster County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~("?/ "P~ .r -,~~.ed~ d".T..,.,..,~R Sheriff of Cumberland County, P A Affidavit of Service Now, , 20_. at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ ~, :..... . '-" , ,-) i ___-....V v.J In The Court of Common Pleas of Cumberland County, Pennsylvania Charles Lynch et al VS. Yingst Homes, Inc et al SERVE: Amos Esch t/d/b/a Deer Ridge Constnlction No. 03-5343 civil Now, October 9. 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~("? /"P.2/:' .r ~~"r...~.4' , Sheriff of Cumberland County, P A Affidavit of Service Now, October 23, , 20~.at 12: 43 o'clock P M. served the within Writ of Summons upon Amos Esch t/d/b/a Deer Ridge Construction at 159-A Ridgeview Loysville, Pa. 17047 (Tuscarora Twp.) by handing to Naomi Esch- Defendants ~ife a True & Attested copy of the original writ of Summons and made known to Her the contents thereof. So answers, James T. Bennett a /,~ ~ - (=]l ~vv&J,~ Deputy Sheri1{,,;'''~ Perry County, PA Sworn and subscribed before me thisJlf#1 day of Oc.lotJer , 20 t23 - - .111~~s!: 1J;fL.~ ; MARGARETF. FLICKINGER. NOTARY BLle I BLOOMFIELD BORO., PERRY COUNTY MYCOMMISSION EXPIRES FEB. 16. 2004 COSTS SERVICE MILEAGE AFFIDAVIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania Charles Lynch et al VS. Yingst Hanes, Inc et al Byler Constnlction Ca11paI1Y SERVE: No. 03-5343 civil Now, October 9, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Mercer County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~("?/ ..:~ r ~.",e~~4~~~.4' Sheriff of Cumberland County, P A Affidavit of Service Now, , 20_. at o'clock M. served the within upon at a copy of the original = = "-" -~ o ~ c-> :::0 C/) _ ("")_1-...,_. [-'1 rq rr; Ul ;.::;::tI,C~.' ("");j:""'- ...... u "" ..J.;> c:.: r','; :7".,: $; c:: the contents 1:h&eof.-.j . Lv -~ 0- by handing to and made known to So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - NOT FOUND Gum \u.<\<l.oc\ (},,,,,t'l :U. O~ - 5;'?,'1~ CASE NO: 2003-18399 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF Mercer LYNCH CHARLES ET AL VS BYLER CONSTRUCTION COMPANY William H. Romine, Jr. , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: BYLER CONSTRUCTION COMPANY but was unable to locate Them in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , BYLER CONSTRUCTION COMPANY 6124 EAST STATE STREET HERMITAGE, PA 16148 NO LONGER AT THIS ADDRESS. HERMITAGE POST OFFICE HAD NO FORWARDING INFORMATION. Sheriff's Costs: Docketing Service Affidavit Surcharge Mercer Co. COStlll .00 .00 .00 ~oo . '",,00 ~. .dO So answers: B 4(R&':.., 1/. ~ y, William H. Romine, Jr., Sheriff 00/00/0000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~1- SJ~ G~J ~ Civil Action - (X) Law ( () Equity CHARLES LYNCH and LISA LYNCH: YINGST HOMES, INC. Husband and Wife 7100 Fishing Creek Valley Road 826 Reese Avenue Harrisburg PA 17112 Hershey PA 17033 : WHEATLAND CUSTOM HOMES, INC. 449 Granite Run Drive Lancaster PA 17604 : AMOS ESCH tJd/b/a DEER RIDGE CONSTRUCTION 159A Ridgeview Road Loysville PA 17047 : BYLER CONSTRUCTION COMPANY 6124 East State Street Hermitage PA 16148 versus Plai ntiff( s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: ....., c::=>> = ~ :~ :0 S2 -~l 0-"".."" r-q!"f\~_~.l :;:o:::C'i':-; nO"T! .'- C) -r:~,; i So.--., """__-1'1"--' -, . > -, Please issue writ of summons in the above-captioned action. = " -I U1 Stephen G. Held, Esq. HANDLER. HENNING & ROSENBERG 1300 Linqlestown Rd, Harrisburq, PA 17108 717-238-2000 Names/Address/Telephone No. of Attorney Si Date: October 6. 2003 Supreme Court ID No. 72663 TAt'E C,()PY FROM RECORD h\ :',~~~~~:~,;~':io,~~~ji~'U~,. i j'~r~3 lim,,):~ mv haRd :*:,j ';"1.:';';' ,: ''''1,j .:,';in at Carlisle. Pa. WRIT OF SUMMONS j~ ~ :1'*'1 ~~ ~ ___ '.Aa-o _l-/ . :;QA."Lo) I~~ TO THE ABOVE NAMED DEFENDANT(S): II ...,ll1ltary YOU ARE HEREBY NOTIFIED THAT THE ABOVE NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: (')d.. ~ d~ f!u,,-f;p; ~ /). . Prothonotary ~12?-P .P Deput ( ) Check here if reverse ;s issued fOI additional information '"'I hi" I ~, ,"'''I'd 't " '1, \ - . :' :" ~".~; ..-,-! ~g, Vi zo \1 a 130 ,\,lti\'.t, ..',.;,,:",8 :L:I\tf3P::. _F' ;j:/i:UO '6883 95642 ~ NVV 11~ SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608.3480 . (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN , PLAINTIFF/SI CHARLES LYNCH 3 DEFENDANT/SI PLEASE TYPE OR PRINT LEGIBLY. DO NOT DETACH ANY COPIES. 2 COURT NUMBER 03-5343 WHEATLAND CUSTOM HOMES INC SERVE {5 NAME OF INDIVIDUAL. COMPANY. CORPORA, TION, ETC, TO BE SERVED . WHEATLAND CUSTOM HOMES INC ..". 6 ADDRESS (Street or RFO. Apartment No_. City, Boro, Twp, Stale and lIP Code) AT 449 GRANITE RUN DRIVE LANCASTER PA 7 INDICATE UNUSUAL SERVICE: 0 DEPUTIZE 0 OTHER Now, 20 _ , I, SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the reQuest and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 4 TYPE OF WRIT OR COMPLAINT WRIT OF SUMMONS SHERIFF o~ LANCASTER COUNTY CUMBERLAND CO NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching a,'y property under within writ may leave same without a watchman, in custody of whomever is found in possession, atter notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein lor any loss. destruction or removal 01 any such property belore sheriff's sale thereof 9. SIGNATURE 01 ATTORNEY or other ORIGINATOR 110, TELEPHONE NUMBER 111 DATE STEPHEN G HELD HANDLER HENNING & ROSENBERG 717-238-2000 10/8/03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (ThiS .rea must be completed If notIce is to be mailed) CUMBERLAND CO SHERIFF'S OFFICE '" H '" n d i'\ >-3 :0: := '" :>- >-3 --r< ~ d SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE NAME of Authorized LCSO Deputy or Clerk 114. Date Received \15 Expiration/Hearing date 13 ~~~~~~~j~(:sr~~j~'t~~t=~o~~l f ANNETTE WALTON {717} 295-3609 10/10/03 11/7/03 16 I hereby CERTIFY and RETURN that' /have personally served,"have legal evidence 01 service as shown In "Remarks", 0 have executed as shown In "Remarks", the writ or complaint de~ribed on the individual, co~ny, corporation, etc" at the address shown above or on the individual, company, cor- poration, etc, at the address inserted below by handing a TRUE and ATTESTED COPY thereof 1~)ij I hereby certify and return a NOT FOUND because I am unable to locate the Indlvld;.Jal company corporation, etc, named above (See remarks below) 18r-ictn~~:/, ,n7ua, '7TI~;l-7nn aboverAe,avc:;r;;anl 1'9 "~~~'Be'~INO'O) 20 Address of wUe served (complete only II different than lown above) (Street orRFjAPartment No. City, Boro, Twp 21 Date of Service State and Zip Code) 16-/{~0} 22 Time ~ '120 -m-, :: ::~~n:::so'Y~ I b ~.l. ::':" I R 12"1 I?If't 150.00 30 REMARKS 30.50 Miles I Dep. Int_1 126 No'",y Cert O.'e I Mil.. 1 De.. Int.I 127 MilearS(S F Date I Miles' Oep. Int.I O.t. 128 Total Costs 129 '3 61.30 Miles 1 Dap, Int. COST DUE OR REFUND 11770 S_T.A. c.1 Lf <:> \ ~ '(j7 lbl7 ""6 r'/!"/1C'" /Ylt:e /? 33J8 -Ttf)-cJY 36;0._/?-e3 31 34 37 1 WHIT E - Issuing Authority 2 PINK - Attorney 3. CANARY - Sheriff's Office 4 BLUE - Sheriff's Office CHARLES LYNCH and LISA LYNCH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiffs : NO. 03-5343 v. YINGST HOMES, INC.; WHEATLAND : CIVIL ACTION - LAW CUSTOM HOMES, INC.; AMOS ESCH, t/d/b/a DEER RIDGE CONSTRUCTION; and BYLER CONSTRUCTION CO., Defendants ENTRY OF APPEARANCE: TO THE PROTHONOTARY: Please enter the appearance of Tho mas E. Brenner of Goldberg, Katzman & Shipman, P.C. on behalf of Defendant Wheatland Custom Homes, Inc. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~ Thorn . renner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Wheatland Custom Homes, Inc. Date: December 4, 2003 103679.1 o v:> c? f"f1 n I ,.,:0 --0 ::,>: (") c:: "'. -otl) mrf' ""7"J.' ;z'r 0}' iLC; i;c. ~(- )>c.: -/ ::2 ....., o ~n , ~ !;:... .\'.-' r';'? -..) 0' ;<J ~j:! ;.C) ;.__'{" :.2 ':0. 0< CHARLES LYNCH and LISA LYNCH, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA v. : NO. 03-5343 YINGST HOMES, INC.; WHEATLAND CUSTOM HOMES, INC.; AMOS ESCH, t/d/b/a DEER RIDGE CONSTRUCTION; and BYLER CONSTRUCTION CO., Defendants : CIVIL ACTION - LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days of service thereof or suffer the entIy of a judgment of non pros. GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~4~~ Thomas E. Brenner, Esquire Attorney ID #32085 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney 1.D. No.: 32085 (717) 234-4161 Attorneys for Defendant Wheatland Custom Homes, Inc. RULE TO FILE COMPLAINT AND NOW, this --5JL day of. -JlU.~~'"'.-2003, upon Praecipe of Defendant, a Rule is hereby entered upon thePlaiil'tiff to file a Complaint within twenty (20) days after service of this Rule or suffer the entIy of a judgment of non pros. Date:-4.t(. 8 c] Cmi (J~ CERTIFICATE OF SERVICE I, Thomas E. Brenner, Esquire, hereby certify that on this date, I served the foregoing document, via U. S. Mail, postage prepaid, on the persons set forth below, namely: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Amos Esch Deer Ridge Construction Company 159-A Ridgeview Road Loysville, PA 17047 Date: December 4, 2003 103679.1 Yingst Homes, Inc. 7100 Fishing Creek Valley Road Harrisburg, PA 17112 Byler Construction Company 6124 East State Street Hermitage, PA 16148 GOLDBERG, KATZMAN & SHIPMAN, P.C. /~ BY~(at~enner, Esquire () c: "" ~6} cpr" J;:,:;..:J:" 2~ C/)o< -<:",---. c::'C. ;['";C z: ' ~c -f:; -', =2 (~ 10 e..., '7.> ,." C) I <)) " ::L ~ ~~- : 1-; '; rZ; "P'-I l;} ('~; -r', ;;~~'.~ -0:;(''1 ~::~ 3J ..;; '>? ." (1'\ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYNCH CHARLES ET AL VS YINGST HOMES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BYLER CONSTRUCTION CO but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of JUNIATA County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 11th, 2003 , this office was in receipt of the attached return from JUNIATA Sheriff's Costs: Docketing Out of County Surcharge Dep Juniata County 18.00 9.00 10.00 24.69 .00 61.69 12/11/2003 HANDLER HENNING soa..nsw.....er~s...;'_.:-_-c?~.../. . ..~ ~'<,.:.. ...",/ ~;.'. ~~"".~' ~ ..ft~' /_> - ~ ~ ~ R." nlomas l\..L ne Sheriff of Cumberl nd County ROSENBERG Sworn and subscribed to before me this l~ day Of~~ cJ~~ 'lD . _ In The Court of Common Pleas of Cumberland County, Pennsylvania Charles Lynch et al VS. Yingst Homes, Inc et al SERVE: Byler Constnlction Company No. 03-5343 civil Now, November 13, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Juniata County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~ /'./0' .,,':.' //h.....~ ,.. "'.R.....,~.... ~ ~~<.~I-..I!::'~:-..-.<!.4' Sheriff of Cum berland County, P A Affidavit of Service Now, November 24 ,20~,at 10:00 o'clock A. M. served the within Writ of Summons, reissued upon Byler Construction Company DO 1" at RR 2, Box 1245, Port Royal, Juniata County, Pennsylvania by handing to Sadie Beiler, Secretary of Company and person in charge at time of service a true and attested copy ofthe original Writ of Summons, reissued and made known to her the contents thereof. So answers, (}j{!!:,a.. "~ /~/O!:J/ 03 County, PA H. Thomas Lyter Sworn'and subscribed before me this ~ day of A~..-C ,20..d:1.. ::;: r)J 1 Jovt!dl / Deputy Pro~otary My Commission Expires First Monday In Jan. 2005 COSTS SERVICE $ 18.00 ~LE}\(}E/POSTAGE 4.69 AFFIDAVIT 2.00 $ 24.69 REFUND 50.31 THOMAS, THOMAS &. HAFER, \..\..P C. Kent Price, Esquue l.D. No. 06776 305 North Front Streer P. O. BoX 999 Harrisburg, P A \7\ 08 (7\7) 255-7632 Attomey for Defendant Yingst Homes, Inc. v. . IN THE COURT OF COMMON PLEAS ': CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03.5343 ': CIVIL ACTION - LAW CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH TID/B/A DEER RIDGE CONSTRUCTION, and BYLER CONSTRUCTION COMPANY, Defendants : JURY TRIAL DEMANDED pRAECIPE FOR ENTRY OF APPE~CE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendant Yingst Homes, Inc. in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP .{\~~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255.7632 LD. No. 06776 CERTIFICATE OF SERVICE AND NOW, this 13th day of January, 2004, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Yingst Homes, Inc., hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road P.O. Box 1177 Harrisburg, P A 17108-1177 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.e. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Amos Esh t/d/b/a Deer Ridge Construction 159A Ridgeview Road Loysville, P A 17047 Byler Construction Company R.D. 2, Box 1245 Port Royal, P A 17082 THOMAS, THOMAS & HAFER, LLP ('--*~ C. Kent Price, Esquire o ~: ....nif; "".If"P ....., = G;:,) -"'" <- ':;"" --,'.. - .<;:' ~ :.-1 ::L.." rl1 r=: -npj :-8., C){C) =-;- :'.~;; 1;1 t) (:,(\1 -J; "",-' -c' r:Y <..oJ F: \FlLES\DA T AFlLE\Stale7550\CulTent\88, ans IInlm Created: 1119/04 lO:23AM Revised: 1119/04 10:38AM 7550,88 CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5343 CIVIL ACTION-LAW YINGST HOMES, INe., WHEATLAND CUSTOM HOMES, INC., AMOS ESH tld/b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Amos Esh tld/b/a Deer Ridge Construction in the above matter. Defendant Amos Esh t/d/b/a Ridge Construction reserves the right to file a responsive pleading to the Complaint. MARTS ON DEARDORFF WILLIAMS & OTTO By ~J kt Daniel K. Deardorff, Es LD. Number 17837 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attomeys for Defendant Amos Esh tld/b/a Deer Ridge Construction Dated: January 19, 2004 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.e. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Yingst Homes, Inc. 7100 Fishing Creek Valley road Harrisburg, PA 17112 Byler Construction Company R.D. 2, Box 1245 Port Royal, PAl 7082 MARTS ON DEARDORFF WILLIAMS & OTTO By ,./tfrMi Vi flbttirr- Nichole L. Myers Ten East High Street Carlisle, P A 17013 (717) 243.3341 Dated: January 19, 2004 o c;: ...., C:-~ = ~ o -q --{ ~~:D ::-..lJ (~ ~o ==-1) C)~;.;;I :--.;( .> c.5rn ;;;",.:1 ::1,:, --< ~ ~._". :;0.::- N o -r) r::> U1 (J) STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: FAX: E-Mail: (717) 975-8114 (717) 975-8124 sbanko@margolisedelstein.com Attorney for Defendant Beiler Construction, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES LUNCH and LISA LYNCH, his wife, Plaintiffs CIVIL ACTION - LAW NO. 03-5343 v. YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH t/d/b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY, Defendants PRELIMINARY OBJECTION OF DEFENDANT. BEILER CONSTRUCTION. INC.. TO PLAINTIFFS' COMPLAINT - PA. R.C.P. NO. 1028(a) (2) 1. Plaintiffs filed their Complaint in the above-captioned action on or about January 5, 2004. A copy of said Complaint is attached hereto, incorporated herein by reference and marked as Exhibit A. 2. The Complaint does not include a Verification by Plaintiffs. Rather, it is verified by their counsel. Stephen G. Held, Esquire. 3. The Verification by Attorney Held is not in compliance with the requirements of Pennsylvania law. 4. Pa. R.C.P. No. 1024 provides in relevant part: (a) Every pleading containing an averment of fact not appearing of record in the action. . shall state that the averment. . is true upon the signer's personal knowledge or information and belief and shall be verified. * * * (c) The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party. 5. Attorney Held's Verification does not state that Plaintiffs are outside the jurisdiction of the court and could not be obtained within the time allowed for filing of the Complaint nor does it state a reason that it could not be executed by a party. 6. Moreover, the attorney's Verification deprives Defendant of the right to test the credibility of Plaintiffs with regard to the averments of fact contained in the Complaint. 7. Pa. R.C.P. No. 1028(a) (2) provides that: (a) Preliminary objections may be filed by any party to any pleading -2- and are limited to the following grounds: * * * (2) failure of a pleading to conform to law or rule of court.... 8. The Verification by Attorney Held specifically fails to conform to Pa. R.C.P. No. 1024(c) and, therefore, the Complaint is properly stricken. WHEREFORE, Defendant, Beiler Construction, Inc., prays this Honorable Court enter an Order striking Plaintiffs' Complaint pursuant to Pa. R.C.P. No. 1028(a) (2) for ::ailure to comply with the requirements of Pa. R.C.P. No. 1024(c). MARGOLIS EDELSTEIN Date: I 1'Vl1 oi Jr. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-811.4 (717) 975-8124 FAX Counsel for Defendant, Beiler Construction, Inc. -3- . . CERTIFICATE OF SERVICE I hereby certify that a copy of the upon counsel of record on the 2.2 day of foregoing was served J;;. P?I postage prepaid, 2004, by United States First Class Mail, addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Wheatland Custom Homes, Inc.) C. Kent Price, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (Attorney for Yingst Homes, Inc.) Amos Esh t/d/b/a Deer Ridge Construction 159A Ridgeview Road Loysville, PA 17047 1J&~4~ ~~ Barbara J. Smith, Secretary o c (.~ --<.' ('..,) ..~ r-.> C..::;I '..: :'> () -ii ;~~ ...,~: --I :T 1~1' :::J r -nnJ i~J(? 'oj ,-, .;J~~ , :1"1 " . ....} (.,,) STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trind1e Road Camp Hill, PA 17011 Telephone: FAX: E-Mail : (717) 975-8114 (717) 975-8124 sbanko@margolisedelstein.com Attorney for Defendant Beiler Construction, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES LUNCH and LISA LYNCH, his wife, Plaintiffs CIVIL ACTION - LAW NO. 03-5343 v. YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH t/d/b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY, Defendants PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Byler Construction Company (sic) in the above-captioned matter. MARGOLIS EDELSTEIN Date: January b -z" 2004 By: S n L. Banko, Jr. Attorney I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FAX Counsel for Defendant, Beiler Construction, Inc. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served upon counsel of record on the ). J... day of \/~ posta~e prepai , 2004, by United States First Class Mail, addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Wheatland Custom Homes, Inc.) C. Kent Price, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (Attorney for Yingst Homes, Inc.) Amos Esh t/d/b/a Deer Ridge Construction 159A Ridgeview Road Loysville, PA 17047 ;JJ~ vel .~. Barbara J. Smith, Secretary o r~ (', ~ ..~~-~ ~- ~~ ...~ r ."{; ::;:3 1'"-11:=J !-..-. -nrn i,'l) l~:J () -, . ,:d N G..' -rl C.'? N -~:-. F: \FJLES\DA T AFlLE\State 7550ICurrent\88.ans l/nlm Created: l/19/04 11:26AM Revised, 1/27/04 2:22PM 755088 CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH tld/bla DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY, NO. 03-5343 CIVIL ACTION-LAW Defendants JURY TRIAL OF TWELVE DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT AMOS ESH t/dlb/a DEER RIDGE CONSTRUCTION TO PLAINTIFFS' COMPLAINT TO: CHARLES LYNCH and LISA LYNCH, Plaintiffs, and their attomey, STEPHEN G. HELD, ESQUIRE AND YINGST HOMES, INC., Defendant, and their attomey, C. KENT PRICE, ESQUIRE AND WHEATLAND CUSTOM HOMES, INC., Defendant, and their attomey, THOMAS E. BRENNER, ESQUIRE AND BYLER CONSTRUCTION COMPANY, Defendant YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND NEW MATTER IN THE NATURE OF A CROSS CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOu. 1-3. Admitted based on information received. 4. It is denied that Deer Ridge Construction is a corporation. To the contrary, it is a sole proprietorship owned by Amos Esh with a current address of 7034 Racoon Valley Road, Millerstown, P A 17062. 5. Admitted based on information received except that the proper name is Beiler's Construction, Inc. 6-7. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 8. It is denied that Defendant Deer Ridge Construction was in ownership, possession, management, or control of the premises located and known as 4034 Caissons Court, Enola, Cumberland County, Pennsylvania 17025, at all material times hereto. To the contrary, Defendant Deer Ridge Construction never was present on said premises at any material time. Defendant Deer Ridge Construction had subcontracted its work to Defendant Beiler's Construction, Inc. Proof thereof is demanded. 9-10. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. II. It is denied that Defendant Amos Esh t/d/b/a Deer Ridge Construction had exclusive control of said premises or that he allowed an open hole in the floor to exist without a guard rail. Proof thereof is demanded. To the contrary, Defendant Esh t1d/b/a Deer Ridge Construction was never present on said premises at any relevant time. Paragraph 8 of this answer is incorporated herein. 12-13. The answer to paragraph 11 is incorporated herein. The other averments are denied pursuant to Rule 1029(e) ofthe Pennsylvania Rules of Civil Procedure. COUNT I-NEGLIGENCE Charles Lynch v. Yinl!st Homes. Inc. 14.24. These averments are addressed to another Defendant, not Defendant Amos Esh t/d/b/a Deer Ridge Construction, and no answer is required. COUNT II - NEGLIGENCE Charles Lynch v. Wheatland Custom Homes. Inc. 25-35. These averments are addressed to another Defendant, not Defendant Amos Esh t1d/b/a Deer Ridge Construction, and no answer is required. COUNT III - NEGLIGENCE Charles Lynch v. Deer Ridl!e Construction 36. The answers to paragraphs 1 through 35 are incorporated herein by reference as fully set forth at length. 37. It is denied that Defendant Amos Esh t1d/b/a Deer Ridge Construction was in possession, management, and control ofthe premises or that he was responsible for maintaining the safe condition of the property known as 4034 Caissons Court, Enola, Cumberland County, Pennsylvania 17025. To the contrary, Defendant Amos Esh t/d/b/a Deer Ridge Construction was not doing any work on said premises and was not in possession, management, or control of the premises or responsible for maintaining the safe condition of said property at all relevant times. Proof thereof is demanded. Paragraph 11 of this answer is incorporated herein. 38. It is denied that Defendant Deer Ridge Construction assumed the duty to provide a reasonably safe work place as alleged at said premises. To the contrary, Defendant Amos Esh tldlb/a Deer Ridge Construction was not doing any work on said premises and was not in possession, management, or control of said premises. Proofthereof is demanded. Paragraph 11 ofthis answer is incorporated herein. 39.46. It is denied that Defendant Amos Esh tldlb/a Deer Ridge Construction was negligent in any manner whatsoever or that he owned, possessed, or controlled the alleged premises or any instrumentalities involved. To the contrary, Defendant Amos Esh tldlb/a Deer Ridge Construction was not doing any work on said premises and was not present, or in possession, management, or control of said premises at the relevant times. All other averments are denied pursuant to Rule 1029 (e) ofthe Pennsylvania Rules of Civil Procedure. Paragraph II of this answer is incorporated herein. WHEREFORE, Defendant Amos Esh tldlb/a Deer Ridge Construction demands judgment in his favor against Plaintiffs. COUNT IV - NEGLIGENCE Charles Lvnch v. Byler Construction ComDany 47-57. These averments are addressed to another Defendant, not Defendant Amos Esh tldlb/a Deer Ridge Construction, and no answer is required. COUNT V - LOSS OF CONSORTIUM Lisa Lynch v. Yinl!st Homes. Inc. 58-60. These averments are addressed to another Defendant, not Defendant Amos Esh tldlb/a Deer Ridge Construction, and no answer is required. COUNT VI - LOSS OF CONSORTIUM Lisa Lvnch v. Wheatland Custom Homes. Inc. 61-63. These averments are addressed to another Defendant, not Defendant Amos Esh tldlb/a Deer Ridge Construction, and no answer is required. COUNT VII - LOSS OF CONSORTIUM Lisa Lvnch v. Deer Ridl!e Construction 64. The answers to paragraphs 1 through 63 are incorporated herein by reference as fully set forth at length. 65-66. It is denied that Defendant Amos Esh t/d/b/a Deer Ridge Construction was negligent in any manner whatsoever or that he owned, possessed, or controlled the alleged premises or any instrumentalities involved. To the contrary, Defendant Amos Esh t/d/b/a Deer Ridge Construction was not doing any work on said premises and was not present, or in possession, management, or control of said premises at the relevant times. All other averments are denied pursuant to Rule 1029 ( e) of the Pennsylvania Rules of Civil Procedure. Paragraph 11 of this answer is incorporated herein. WHEREFORE, Defendant Amos Esh t/d/b/a Deer Ridge Construction demands judgment in his favor against Plaintiffs. VIII - LOSS OF CONSORTIUM Lisa Lynch v. Bvler Construction Comoany 67-69. These averments are addressed to another Defendant, not Defendant Amos Esh t/d/b/a Deer Ridge Construction, and no answer is required. NEW MATTER 70. Although Defendant Amos Esh t/d/b/a Deer Ridge Construction had an agreement to do work on said premises, it had subcontracted this work to Defendant Beiler's Construction, Inc., and did not commit any negligent acts whatsoever and was not in ownership, possession, control, or management of said premises or instrumentalities at any relevant times. 71. Defendant Amos Esh t/d/b/a Deer Ridge Construction may be entitled to immunity pursuant to the provisions of the Workers' Compensation Act of Pennsylvania. 72. Defendant Amos Esh t/d/b/a Deer Ridge Construction may be entitled to immunity as a statutory employer pursuant to the Workers' Compensation Act of Pennsylvania. 73. It is believed that Plaintiff did not look around the construction site prior to faIling and was moving backwards without looking where he was going before he fell. 74. By their actions, Plaintiffs may have voluntarily assumed the risk of injury. 75. By their actions, Plaintiffs may be comparatively negligent and any recovery of Plaintiffs may be barred or reduced pursuant to the provision of the Pennsylvania Comparative Negligence Act. 76. It is believed that Defendant Beiler Construction, Inc., had constructed, prior to this incident, temporary railings made of 2x4 lumber around the alleged hole through which Plaintiff allegedly fell. 77. Defendant Esh t/d/b/a Deer Ridge Construction was paid for its subcontract by Defendant Wheatland Custom Homes and never advised of any problem or deficiency. NEW MATTER IN THE NATURE OF A CROSS CLAIM AGAINST YINGST HOMES. INC.. WHEATLAND CUSTOM HOMES. INC.. AND BYLER CONSTRUCTION COMPANY 78. Paragraphs 1.3, 5 -7, 9-13, 14-35,47-63, and 67-69 are incorporated herein by reference for purposes ofthis cross claim. 79. If Plaintiffs are entitled to a recovery, it is averred that said recovery should be against Defendants Yingst Homes, Inc., Wheatland Custom Homes, Inc., and Beiler Construction, Inc., on the basis ofthe averments set forth above. 80. This cross claim is set forth to allege sole liability, contribution, and indemnification on behalf of Defendant Amos Esh t/d/b/a Deer Ridge Construction against said Defendants Yingst Homes, Inc., Wheatland Custom Homes, Inc. and Beiler Construction Company. WHEREFORE, Defendant Amos Esh t/d/b/a Deer Ridge Construction request that sole liability, contribution, and indemnification be ordered against Additional Defendants. Respectfully Submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By~k~W J.D. Number 17837 Ten East High Street Carlisle, P A 17013 (717) 243.3341 Date: '1M / ()L{ Attorneys for Defendant Amos Esh t/d/b/a Deer Ridge Construction VERIFICATION I, Amos Esh, owner of Deer Ridge Construction, acknowledge I have the authority to execute this Verification on behalf of Deer Ridge Construction and certify the foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Answer is that of counsel and not my own. I have read the document and to the extent the Answer is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content ofthe Answer is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities, which provides that ifI knowingly make false averments, I may be subject to criminal penalties. Deer Ridge Construction ~)6c1 Amos Esh Owner CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer with New Matter of Defendant Amos Esh t/d/b/a Deer Ridge Construction to Plaintiffs' Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, P A 17110 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 C. Kent Price, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Beiler Construction Company R.D. 2, Box 1245 Port Royal, P A 17082 MARTSON DEARDORFF WILLIAMS & OTTO JlI '04 By / (ciu--(J en ~ Nichole L. Myers Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: 1/;'1/ (Y( E .... !i4 = = .c- ':iC. e:... ~:!J "Ore CD"" :>>- """~ =[l Z ~~ :Zr-" N 6J}~: ;;:;;.:~ -.1 .-~ :2::c " ~~ ~<(:..,; :x ~." :sn, c: 0 ~ :::~ r.- ~ co -< CHARLES LYNCH and LISA LYNCH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND Co., PENNSYLVANIA Plaintiffs : NO. 03-5343 v. YINGST HOMES, INC.; : CIVIL ACTION - LAW WHEA1LAND CUSTOM HOMES, INC.; AMOS ESCH, t/d/b/aDEER RIDGE CONSTRUCTION; and BYLER CONSTRUCTION CO., Defendants REPLY OF DEFENDANT WHEAT LAND CUSTOM HOMES, INC. TO THE CROSS CLAIM OF DEFENDANT AMOS ESH. t/d/b/a DEER RIDGE CONSTRUCTION AND NOW, comes Wheatland Custom Homes, Inc., by its attorneys, Goldberg, Katzmant & Shipman, P.c., who state: 78. Objection. This paragraph violates the Pennsylvania Rules of Civil Procedure by incorporating over 50 other paragraphs into a single paragraph. To the extent an answer is required, it is denied. 79. Denied. The paragraph states a legal conclusion to which no response is necessary. 80. Denied. The paragraph states a legal conclusion to which no response is necessary. WHEREFORE, Defendant Wheatland Custom Homes, Inc. requests that the Crossclaim of Defendant Amos Esh, t/d/b/a Deer Ridge Construction be dismissed with prejudice. GOLDBERG, KATZMAN &SHIPMAN,P.C. B~a~ Thomas E. Brenner, Esquire Attorney ID #32085 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No.: 32085 (717) 234-4161 Attorneys for Defendant Wheatland Custom Homes, Inc. 2 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for Wheatland Construction, Inc., Defendants herein, and that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: January Zq, 2004 ~., ,,--I ~~ Thomas E. Brenner, Esquire 103407.1 . . CERTIFICATE OF SERVICE I, Thomas E. Brenner, Esquire, hereby certify that on this date, I served the foregoing document, via U. S. Mail, postage prepaid, on the persons set forth below, namely: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Daniel Deardorff, Esquire Mattson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 C. Kent Price, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108-0999 Stephen Banko, Esquire Margolis Edelstein PO Box 932 Harrisburg, P A 17108-0932 7;FJ{,Gi;~TZMAN/&SfllPMAN.P.C By: "--( ~ tA~ Thomas E. Brenner, Esquire Date: J!). t!v '{ 105886.1 . , (') ......, c: <=:> ~ ~:..". = ;:ri~~: ..c- <- 5!:n ..:-~ ~,. :7,'- ;Z m (,.':i W :0 In is c:> a6 <;* " < " -'i( , ::1:"'1 ~:> \;~! ::J;: 07 , N Z?J -:;;:;; () :3 Ul ',.--1 '. ~U +" -< ;.. F:IWP DirectorieslJJV\Motionsllynch (motion for discontinuance).wpd CHARLES LYNCH and LISA LYNCH, his wife, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 03-5343 YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH T/D/B/A DEER RIDGE CONSTRUCTION, and BYLER CONSTRUCTION COMPANY, CIVIL ACTION - LAW Defendant MOTION FOR DISCONTINUANCE AS TO YINGST HOMES, INC. AND NOW, come the Plaintiffs, Charles Lynch and Lisa Lynch, by and through their attorneys, HANDLER, HENNING & ROSENBERG, by Stephen G. Held, Esquire, and move this Court to voluntarily discontinue this action against Defendant, Yingst Homes, Inc., pursuant to Rule 229 of the Pennsylvania Rules of Civil Procedure, and in support thereof, aver as follows: 1. Plaintiffs, Charles Lynch and Lisa Lynch, brought this premises liability action against the several Defendants who, upon Plaintiffs' information and belief, were in ownership, management or possession of the dangerous premises which caused Plaintiff, Charles Lynch's, injuries. 2. Upon further discovery and investigation, Plaintiffs have learned that Yingst Homes, Inc. was not involved in the construction, sale or ownership of the subject premises. 3. No other Defendant has filed any claims against Yingst Homes, Inc., in this action or will be prejudiced by a voluntary discontinuance of Plaintiffs' claim against Yingst Homes, Inc. 4. All Defendants in this action have been served with copies of this motion and notice of its presentment to this court. WHEREFORE, Plaintiffs request that this Honorable Court grant them leave to voluntarily discontinue action against Defendant, Yingst Homes, Inc. Respectfully submitted, Dated: \ I~q( Cl1 ENNING & ROSENBERG By: S G. Held 1.0. # 72663 1300 Linglestown Road P.O. Box 1177 Harrisburg, PA 1'7108-1177 (717) 238-2000 Attorneys for Plaintiffs 2 . . CHARLES LYNCH and LISA LYNCH, his wife, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 03-5343 YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH Vd/b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY: Defendants CIVIL ACTION . LAW CERTIFICATE OF SERVICE On this 28th day of January, 2004, I hereby certify that a true and correct copy of the foregoing Motion for Discontinuance as to Yingst Homes, Inc. was served upon the following by United States Mail, postage prepaid, addressed as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square POBox 1268 Harrisburg PA 17108.1268 C. Kent Price, Esquire THOMAS, THOMAS & HAFER POBox 999 Harrisburg P A 17108.0999 Daniel K. Deardorff, Esquire MARTS ON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 Stephen L. Banko, Jr., Esquire MARGOLIS & EDELSTEIN POBox 932 Harrisburg P A 17108-0932 HANDLER HENNING & ROSENBERG, LLP By Q c. :::: l:J l:r~ rTlr:: ~7' .,~-; ,,;,'f":-. (f?):'~ r:; c) ~ d:'~- ~l;:.~ ~ ,..., = = ..r- .." r'1 CD I N ~ ~:!J -o~ e! 6:3 zO om ~ ~ -u :3: '-I? N ...... CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03.5343 YINGST HOMES, INe., WHEATLAND CUSTOM HOMES, INe., AMOS ESH tJdfb/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY: Defendants CIVIL ACTION - LAW PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT AMOS ESH t/d.!b/a DEER RIDGE CONSTRUCTION 70. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, after reasonable investigation, plaintiffs have insufficient evidence on which to form an opinion on which to either admit or deny. As such, same is denied. 71. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. It is denied that defendant Amos Esh t/d!b/a Deer Ridge Construction is entitled to immunity pursuant to the Workers Compensation Act. 72. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By say of amplification, it is denied that defendant Amos Esh t/d!b/a Deer Ridge Construction was a statutory employer of plaintiff. 73. Denied. 74. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, plaintiff did not assume the risk of injury. 75. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby strictly denied. By way of amplification, it is denied that plaintiff was negligent in any manner. As such, plaintiff was neither comparatively negligent nor are claims of plaintiff barred or reduced pursuant to the provision of the Pennsylvania Comparative Negligence Act. 76. Denied. 77. After reasonable investigation, plaintiff is without sufficient information on which to form a belief upon either the truth or falsity of the statement. As such, it is denied. 78.80. These averments are addressed to another defendant, not plaintiff Charles Lynch and Lisa Lynch, his wife, and, as such, no answer is required. WHEREFORE, plaintiffs pray This Honorable Court dismiss defendant Amos Esh t/d/b/a Deer Ridge Construction's Answer with New Matter and direct judgment in their favor. Respectfully submitted, By Date: ~( d- [nj S phen G. Held, Esquire I. D. No. 72663 1300 Linglestown Road Harrisburg P A 1711 0 (717) 238-2000 VERIFICATION STEPHEN G. HELD, ESQUIRE, states that he is the attomey for the party filing the foregoing document; that he makes this affidavit as an attomey, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. g4904 relating to unswom falsification to authorities. Date:~ CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-5343 YINGST HOMES, INe., WHEATLAND CUSTOM HOMES, INe., AMOS ESH tldfb/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY: Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE On this 28th day of January, 2004, I hereby certifY that a true and correct copy of the foregoing Plaintiffs' Reply to New Matter of Defendant Amos Esh tldlb/a Deer Ridge Construction was served upon the following by United States Mail, postage prepaid, addressed as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.e. 320 Market Street, Strawberry Square POBox 1268 Harrisburg P A 17108.1268 e. Kent Price, Esquire THOMAS, THOMAS & HAFER POBox 999 Harrisburg P A 17108-0999 Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle P A 17013 Stephen L. Banko, Jr., Esquire MARGOLIS & EDELSTEIN POBox 932 Harrisburg PA 17108.0932 HANDLER HENNING & ROSENBERG, LLP By S phen G. Held. Esquire (') ~ ~ "'" c: <=> -u~ ..,- ...., 5! nlni ..... 111 :!J ;-::-:".'.1 CO Iii ~~I~'~: I :B~ w 0 ~:,C) -< );.r ..., ~3:! 2,1 ::J: _ 0 :;: () Om c:: - ~ -., w ?P \.IJ '< STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: FAX: E-Mail: (717) 975-8114 (717) 975-8124 sbanko@rnargolisedelstein.com Attorney for Defendant Beiler Construction, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs CIVIL ACTION - LAW NO. 03-5343 v. YINGST HOMES, INC., WHEAT LAND CUSTOM HOMES, INC., AMOS ESH t/d/b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY, Defendants NOTICE TO PLEAD TO: Charles Lynch and Lisa Lynch, his wife, Plaintiffs c/o Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiffs Wheatland Custom Homes, Inc., Defendant c/o Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Wheatland Custom Homes, Inc. Amos Esh t/d/b/a Deer Ridge Construction, Defendant c/o Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorney for Amos Esh t/d/b/a Deer Ridge Construction You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. MARGOLIS EDELSTEIN Date: ~~~ By: Step Attorney . Banko, Jr. I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FAX Counsel for Defendant, Beiler Construction, Inc. -13 - STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: FAX: E-Mail : (717) 975-8114 (717) 975-8124 sbanko@margolisedelstein.com Attorney for Defendant Beiler Construction, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs CIVIL ACTION - LAW NO. 03-5343 v. YINGST HOMES, INC., WHEAT LAND CUSTOM HOMES, INC., AMOS ESH t/d/b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY, Defendants ANSWER AND NEW MATTER OF DEFENDANT, BEILER CONSTRUCTION, INC. (MISIDENTIFIED AS BYLER CONSTRUCTION COMPANY), TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, Defendant, Beiler Construction, Inc. ("Beiler"), is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2. Denied. After reasonable investigation, Beiler is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 3. Admitted in part and denied in part. It is admitted that Wheatland Custom Homes, Inc. is a Pennsylvania business entity with offices in Lancaster, Pennsylvania. With respect to its particular business structure, however, after reasonable investigation, Beiler is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 4. Admitted in part and denied in part. It is admitted that Deer Ridge Construction is a Pennsylvania business entity with offices in Lancaster, Pennsylvania. With respect to its particular business structure, however, after reasonable investigation, Beiler is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 5. Admitted in part and denied in part. The appropriate name of the Defendant is Beiler Construction, Inc. 6. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, after reasonable investigation, Beiler is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 7. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By -2- way of further answer, after reasonable investigation, Beiler is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 8. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, after reasonable investigation, Beiler is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 9. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, it is specifically denied that at the time of the incident alleged in Plaintiffs' Complaint that Beiler was "in ownership, possession, management and control of the premises." To the contrary, at the time of the incident alleged in Plaintiffs' Complaint, it believed and, therefore, averred that Beiler had already completed its work at the premises and had been released from further work or responsibility by a representative of Wheatland. 10. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 11. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By -3- way of further answer, the answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 12. Denied. After reasonable investigation, Beiler is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 13. Denied. After reasonable investigation, Beiler is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. COUNT I - NEGLIGENCE Charles Lynch v. Yinqst Homes, Inc. 14. The answers contained in paragraphs 1 through 13 hereof are incorporated herein by reference as if set forth in their entirety. 15-24. The allegations in these paragraphs are directed to parties other than Beiler. Accordingly, and upon advice of counsel, no response on the part of Beiler is required. WHEREFORE, Defendant, Beiler Construction, Inc., demands judgment in its favor and against Plaintiffs. -4- COUNT II - NEGLIGENCE Charles Lvnch v. Wheatland Custom Homes, Inc. 25. The answers contained in paragraphs 1 through 24 hereof are incorporated herein by reference as if set forth in their entirety. 26-35. The allegations in these paragraphs are directed to parties other than Beiler. Accordingly, and upon advice of counsel, no response on the part of Beiler is required. WHEREFORE, Defendant, Beiler Construction, Inc., demands judgment in its favor and against Plaintiffs. COUNT III - NEGLIGENCE Charles Lynch v. Deer Ridqe Construction 36. The answers contained in paragraphs 1 through 35 hereof are incorporated herein by reference as if set forth in their entirety. 37-46. The allegations in these paragraphs are directed to parties other than Beiler. Accordingly, and upon advice of counsel, no response on the part of Beiler is required. WHEREFORE, Defendant, Beiler Construction, Inc., demands judgment in its favor and against Plaintiffs. -5- COUNT IV - NEGLIGENCE Charles Lvnch v. Beiler Construction, Inc. 47. The answers contained in paragraphs 1 through 46 hereof are incorporated herein by reference as if set forth in their entirety. 48. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 49. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 50. (a)-(k) Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 51. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 52. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, with respect to any allegation that Plaintiff sustained injury as a result of any conduct on the part of Beiler, after reasonable investigation, Beiler is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 53. Denied. The answer contained in paragraph 52 hereof is incorporated herein by reference as if set forth in its entirety. -6- 54. Denied. The answer contained in paragraph 52 hereof is incorporated herein by reference as if set forth in its entirety. 55. Denied. The answer contained in paragraph 52 hereof is incorporated herein by reference as if set forth in its entirety. 56. Denied. The answer contained in paragraph 52 hereof is incorporated herein by reference as if set forth in its entirety. 57. Denied. The answer contained in paragraph 52 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendant, Beiler Construction, Inc., demands judgment in its favor and against Plaintiffs. COUNT V - LOSS OF CONSORTIUM Lisa Lynch v. Yinqst Homes, Inc. 58. The answers contained in paragraphs 1 through 57 hereof are incorporated herein by reference as if set forth in their entirety. 59-60. The allegations in these paragraphs are directed to parties other than Beiler. Accordingly, and upon advice of counsel, no response on the part of Beiler is required. WHEREFORE, Defendant, Beiler Construction, Inc., demands judgment in its favor and against Plaintiffs. -7- COUNT VI - LOSS OF CONSORTIUM Lisa Lvnch v. Wheatland Custom Homes, Inc. 61. The answers contained in paragraphs 1 through 60 hereof are incorporated herein by reference as if set forth in their entirety. 62-63. The allegations in these paragraphs are directed to parties other than Beiler. Accordingly, and upon advice of counsel, no response on the part of Beiler is required. WHEREFORE, Defendant, Beiler Construction, Inc., demands judgment in its favor and against Plaintiffs. COUNT VII - LOSS OF CONSORTIUM Lisa Lvnch v. Deer Ridge Construction 64. The answers contained in paragraphs 1 through 63 hereof are incorporated herein by reference as if set forth in their entirety. 65-66. The allegations in these paragraphs are directed to parties other than Beiler. Accordingly, and upon advice of counsel, no response on the part of Beiler is required. WHEREFORE, Defendant, Beiler Construction, Inc., demands judgment in its favor and against Plaintiffs. -8- COUNT VIII - LOSS OF CONSORTIUM Lisa Lynch v. Beiler Construction, Inc. 67. The answers contained in paragraphs 1 through 66 hereof are incorporated herein by reference as if set forth in their entirety. 68. Denied. The answer contained in paragraph 52 hereof is incorporated herein by reference as if set forth in its entirety. 69. Denied. The answer contained in paragraph 52 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendant, Beiler Construction, Inc., demands judgment in its favor and against Plaintiffs. NEW MATTER 70. The answers contained in paragraphs 1 through 69 hereof are incorporated herein by reference as if set forth in their entirety. 71. Plaintiffs' claims, if any, are barred by the applicable statute of limitations. 72. Plaintiffs' injuries, if any, were caused by entities other than Beiler. WHEREFORE, Defendant, Beiler Construction, Inc., demands judgment in its favor and against Plaintiffs. -9- NEW MATTER - PA. R.C.P. NO. 2252(d) 73. The answers contained in paragraphs 1 through 72 hereof are incorporated herein by reference as if set forth in their entirety. 74. Pursuant to Pa. R.C.P. No. 2252(d), should Plaintiffs prove to be entitled to damages in this matter, which is specifically denied, then co-Defendants, Wheatland Custom Homes, Inc. and/or Amos Esh t/d/b/a Deer Ridge Construction, are alone liable to Plaintiffs, jointly and severally liable with Beiler and/or liable over to Beiler by way of indemnification, any liability on the part of Beiler being expressly denied. WHEREFORE, Defendant, Beiler Construction, Inc., demands judgment in its favor and against Plaintiffs. Date: ~q /61 EDELSTEIN . Banko, Jr. I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FAX Counsel for Defendant, Beiler Construction, Inc. -10- VERIFICATION I, MELVIN BEILER D/B/A BEILER CONSTRUCTION, INC., state that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ~ tJ~/O 'f MEL~~LER Answer and New Matter to Complaint/28150.4-00023 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served upon counsel of record on the <; day of ,t:'.d.~ postage prepaid, 2004, by United States First Class Mail, addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Wheatland Custom Homes, Inc.) C. Kent Price, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (Attorney for Yingst Homes, Inc.) Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 (Attorney for Amos Esh t/d/b/a Deer Ridge Construction) /1~~ 7:~ Barbara J. Smith, Secretary (c n ( : ;::, ,. ~c ::) -, ...., ~J "'" -=- -n p, o o -n :i!,., rHf';::: --r,l :'J,? :)0 :.::111 !" -'1 ~~(-., -L';rn '-...J ...1 ~iJ :...:.: Cl -':i "') Thomas E. Brenner, Esquire Goldberg, KalZmlll1 & Shipmlll1, P.e. PO Box 1268 Harrisburg, P A 17108-1268 717.234-4161 Attorneys for Defendlll1t Wheadlll1d Custom Homes, Inc. CHARLES LYNCH and LISA LYNCH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLANIA Plaintiffs : NO. 03-5343 v. YINGST HOMES, INC.; : CIVIL ACTION - LAW WHEATLAND CUSTOM HOMES, INC.; AMOS ESH, t/d/b/a DEER RIDGE CONSTRUCTION; and BEILER CONSTRUCTION CO., Defendants NOTICE TO PLEAD TO: Steven Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Steven Banko, Esquire PO Box 932 Harrisburg, PA 17108-0932 Daniel K. Deardorff, Esquire 10 East High Street Carlisle, P A 17013 You are hereby notified to plead to the enclosed Answer with New Matter and Crossclaim ofWheatland Custom Homes to Plaintiffs' Complaint within twenty (20) days from service hereof or a judgment may be entered against you. ZMAN &SHIPMAN,P.C. By: Date: February 10, 2004 Thomas . renner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorneys for Defendants Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717.234-4161 Attorneys for Defendant Wheadand Custom Homes, Inc. CHARLES LYNCH and LISA LYNCH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y, PENNSYLANIA Plaintiffs : NO. 03-5343 v. YINGST HOMES, INC; : CIVIL ACTION - LAW WHEATLAND CUSTOM HOMES, INC; AMOS ESH, t/d/b/a DEER RIDGE CONSTRUCTION; and BEILER CONSTRUCTION CO., Defendants ANSWER WITH NEW MATTER OF DEFENDANT WHEATLAND CUSTOM HOMES. INC. TO PLAINTIFFS' COMPLAINT AND CROSSCLAIM AND NOW, comes Wheatland Custom Homes, Inc. ("Wheatland"), by its attorneys, Goldberg, Katzman & Shipman, P.C, who state: 1. Admitted. 2. Admitted. 3. Denied in part. The actual address ofWheatland is 447 Granite Run Drive. 4. Admitted. 5. Admitted. 6. Denied. This paragraph is denied pursuant to Pa.R.CP. 1029(e). 7. Denied. Wheatland never owned the property. The remainder of the paragraph states a legal conclusion to which no response is necessary. 8. Denied. This paragraph states a legal conclusion to which no response is necessary. 9. Denied. This paragraph states a legal conclusion to which no response is necessary. 10. Denied. This paragraph states a legal conclusion to which no response is necessary. 11. Denied. Defendant Wheatland did not have exclusive control and did not allow an open hole to exist without a guardrail. 12. Denied. This paragraph is denied pursuant to Pa.R.c.P. 1029(e). 13. Denied. This paragraph is denied pursuant to Pa.R.c.P. 1 029 (e). COUNT I - NEGLIGENCE Charles Lynch v. Yingst Homes, Inc. 14-24. These paragraphs are directed to another Defendant and no answer is required by Defendant Wheatland. COUNT II - NEGLIGENCE Charles Lynch v. Wheatland Custom Homes, Inc. 25. The answers of paragraphs 1 through 24 are incorporated herein by reference. 26. Denied. The paragraph states a legal conclusion to which no response is necessary. 27. Denied. The paragraph states a legal conclusion to which no response is 2 necessary. 28. Denied. It is denied that Defendant Wheatland was negligent. In further response, this paragraph is denied pursuant to Pa.RCP. 1029 (e). 29. Denied. Defendant Wheatland had no actual knowledge of an open hole. The remainder of the paragraph states a legal conclusion to which no response is necessary. 30. Denied. It is denied that Defendant Wheatland was negligent. In further response, the paragraph is denied pursuant to Pa.RCP. 1029(e). 31. Denied. It is denied that Defendant Wheatland was negligent. In further response, the paragraph is denied pursuant to Pa.RCP. 1029(e). 32. Denied. It is denied that Defendant Wheatland was negligent. In further response, the paragraph is denied pursuant to Pa.RCP. 1029(e). 33. Denied. It is denied that Defendant Wheatland was negligent. In further response, the paragraph is denied pursuant to Pa.RCP. 1029(e). 34. Denied. It is denied that Defendant Wheatland was negligent. In further response, the paragraph is denied pursuant to Pa.RCP. 1029(e). 35. Denied. It is denied that Defendant Wheatland was negligent. In further response, the paragraph is denied pursuant to Pa.RCP. 1029(e). WHEREFORE, Defendant Wheatland Custom Homes, Inc. requests that Count 3 II of Plaintiffs' Complaint be dismissed with prejudice. COUNT III - NEGLIGENCE Charles Lynch v. Deer Ridge Construction 36-46. These paragraphs are directed to another Defendant and therefore, no answer is required by Defendant Wheatland. COUNT IV - NEGLIGENCE Charles Lynch v. Beiler Construction Company 47-57. These paragraphs are directed to another Defendant and therefore, no answer is required by Defendant Wheatland. COUNT V - LOSS OF CONSORTIUM Lisa Lynch v. Yingst Homes, Inc. 58-60. These paragraphs are directed to another Defendant and therefore, no answer is required by Defendant Wheatland. COUNT VI - LOSS OF CONSORTIUM Lisa Lynch v. Wheatland Custom Homes, Inc. 61. The answers to paragraphs 1 through 60 are incorporated herein by reference. 62. Denied. It is denied that Defendant Wheatland was negligent. In further response, the remainder of the paragraph is denied pursuant to Pa.R.c.P. 1029(e). 63. Denied. It is denied that Defendant Wheatland was negligent. In further response, the remainder of the paragraph is denied pursuant to Pa.R.c.P. 1 029 (e). 4 WHEREFORE, Defendant Wheatland Custom Homes, Inc. requests that Count VI of Plaintiffs' Complaint be dismissed with prejudice. COUNT VII - LOSS OF CONSORTIUM Lisa Lynch v. Deer Ridge Construction 64-66. These paragraphs are directed to another Defendant and no response is required by the Answering Defendant. COUNT VIII - LOSS OF CONSORTIUM Lisa Lynch v. Beiler Construction Company 67-69. These paragraphs are directed to another Defendant and no response is required by the Answering Defendant. NEW MATTER DIRECTED TO PLAINTIFFS 70. Plaintiffs injuries arose from his assumption of risk under the circwnstances. 71. Plaintiffs tnJunes arose from his comparative negligence under the circwnstances. 72. Plaintiffs injuries arose from his failure to observe an open and obvious condition. WHEREFORE, Defendant Wheatland Custom Homes, Inc. requests that Plaintiffs' Complaint be dismissed with prejudice. 5 CROSS CLAIM PURSANT TO Pa.R.C.P. 2252 Wheadand Custom Homes, Inc. v. Amos Esch t/d/h/a Deer Ridge Construction aPd Beiler Construction Company 73. The averments of paragraphs 36-57 of the Plaintiffs' Complaint are incorporated herein by reference. 74. Defendants Deer Ridge and/or Beiler performed the framing work at the home and created the hole referenced in the Complaint. The placement of a cover or a barrier around the hole was the responsibility of Deer Ridge and/or Beiler. 75. In the event it is judicially determined that Defendant Wheatland bears liability or responsibility to the Plaintiffs, it is averred that Defendants Deer Ridge and/ or Beiler are solely responsible to Plaintiffs; in the alternative, Defendants Deer Ridge and/or Beiler are jointly and severally liable with other parties to the Plaintiffs; or in the further alternative, Defendants Deer Ridge and/or Beiler are liable over to Wheatland for indemnification and/or contribution. WHEREFORE, Defendant Wheatland Custom Homes, Inc. demands Judgment in their favor and against Defendants Amos Esch t/d/b/a Deer Ridge Construction and/or Beiler Construction Co., together with costs of suit. 6 GOLDBERG, KATZMAN & SHIPMAN, P.c. a~/t~ By Thomas E. Brenner, Esquire Attomey ID #32085 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No.: 32085 (717) 234-4161 Attorneys for Defendant Wheatland Custom Homes, Inc. Date: February 9, 2004 7 VERIFICATION I, \2,.. (e ;VlAllr(tllJ, hereby acknowledge that I am an authorized representative ofWheatland Custom Homes, Inc., a Defendant in this action; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Wheatland Custom Homes, Inc. ~/-. By: Date: 105421.1 ~. . . CERTIFICATE OF SERVICE I, Thomas E. Brenner, Esquire, hereby certify that on this date, I served the foregoing document, via U. S. Mail, postage prepaid, on the persons set forth below, namely: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 By: Date: 2' 10 ffi 105403.1 C. Kent Price, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, P A 17108-0999 Stephen Banko, Esquire Margolis Edelstein PO Box 932 Harrisburg, P A 17108-0932 GU:,KAYLMAN &SillPMAN,PC Thomas E. Breimer, Esquire o ..,-', . , '"< ,-, :4~ () ':;;'\ -T' l-rt C.~l ..-.J r::-? .> -.\ r',.) :'~1 -~,~ 1-....; ~ 0 3 2004 ~ CHARLES LYNCH and LISA LYNCH, his wife, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 03-5343 YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH TID/B/A DEER RIDGE CONSTRUCTION, and BYLER CONSTRUCTION COMPANY, : CIVIL ACTION - LAW Defendant RULE TO SHOW CAUSE AND NOW, this JO~ dayof J~ , 2004, after careful consideration o of Plaintiffs ' Motion for Discontinuance, a Rule to Show Cause is hereby ISSUED upon Defendants Yingst Homes, Inc., Wheatland Custom Homes, Inc., Amos Esh t/dIb/aDeer Ridge Construction and Byler Construction Company to appear and show cause why Plaintiffs' Motion should not be J) II . L. (\.(1 \'5 ~ ~J.. ~, granted. -/'Gu.X..L ~ U \j .- - J. _r- ,,,'. ~,' -::.- ;~j F;' :i: f (" f~:j~ ,: ',; ~-: :.J...l '..> I '-'- {:; [7} ~;j C"-J (:; F:IFILESIDA TAFILEIState7550lCurreotl88.repllajt Created: 1119104 ll:26AM Revised: 21I2/04 11:18AM 755088 CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH tld/bla DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY, NO. 03-5343 CNIL ACTION-LAW Defendants JURY TRIAL OF TWELVE DEMANDED DEFENDANT ESH'S REPLY TO NEW MATTER OF DEFENDANT BEILER CONSTRUCTION. INC. 73. Paragraphs 1 through 72 of Defendant Esh's Answer are incorporated herein by reference as if set forth in their entirety. 74. These averments are conclusions of law which do not require a reply. If a reply is required, they are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Esh demands judgment in his favor and against Plaintiffs and the other Defendants. Respectfully Submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By fJ) ft . 9:::Ht Daniel K. Deardorff, Esquire J.D. Number 17837 Ten East High Slreet Carlisle, P A 17013 (717) 243-3341 Date: February 12, 2004 Attorneys for Defendant Amos Esh tld/b/a Deer Ridge Construction VERIFICATION Daniel K. Deardorff, Esquire, of the firm of MARTS ON DEARDORFF WILLIAMS & OTTO, attorneys for Defendant Amos Esh t/d/b/a Deer Ridge Construction in the within action, certifies that the statements made in the foregoing Defendant Esh's Reply to New Matter of Defendant Beiler Construction, Inc., is true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~.~~~ CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant Esh's Reply to New Matter of Defendant Beiler Construction, Inc., was served this date by depositing same in the Post Offiee at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, P A 17110 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, P A 17 I 08.1268 C. Kent Price, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Stephen L. Banko, Esquire MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108.0932 MARTS ON DEARDORFF WILLIAMS & OTTO By~~" ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 12, 2004 (") <;;; 'S-.. V"pc" J.~';; ;- ; --;-"1 ;.-'.' ~:C' ):... ,- ~~ ~~?: -;/ =< ...., = = or- -n f"T1 CO o -., ~" Hi :'39 1:Jo ---4_ri I:n ~~C) 15rn '-t .....,. ~ -< N v :.:-c c.:: w '" STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: FAX, E-Mail: (717) 975-8114 (717) 975-8124 sbanko@margolisedelstein.com Attorney for Defendant Beiler Construction, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES LYNCH and LISA LYNCH, his wife, Plaint if f s CIVIL ACTION - LAW NO. 03-5343 v. YINGST HOMES, INC., WHEAT LAND CUSTOM HOMES, INC., AMOS ESH t/d/b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY, Defendants REPLY OF DEFENDANT, BEILER CONSTRUCTION, INC., TO NEW MATTER IN THE NATURE OF A CROSSCLAIM OF DEFENDANT, AMOS ESH T/D/B/A DEER RIDGE CONSTRUCTION 78. The answers of Defendant, Beiler Construction, Inc., to Plaintiffs' Complaint are incorporated herein by reference as if set forth in their entirety. 79. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 80. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. WHEREFORE, Defendant, Beiler Construction, Inc., demands judgment in its favor and against Defendant, Amos Esh t/d/b/a Deer Ridge Construction, on its claim for sole liability, contribution and indemnification. Date: February \\ ' 2004 MARGOLIS EDELSTEIN . Banko, Jr. I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PI\. 17011 (717) 975-8114 (717) 975-81.24 FAX Counsel for Defendant, Beiler Construction, Inc. -2 - CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served upon counsel of record on the // day of .7 ~-4.1 2004, by United States First Class Mail, postage prepai , addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plalntiffs) Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Wheatland Custom Homes, Inc.) C. Kent Price, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (Attorney for Yingst Homes, Inc.) Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 (Attorney for Amos Esh t/d/b/a Deer Ridge Construction) 4~~~ Barbara J. Smith, Secretary .-j. -" 0 r-.> 0 = c: c;;) -n ...- " ..., ..... ,..,., ::r.: '1J CD rn r- :gC3 N 06 -.{--- -r" " -n n:-D :T:: ::.~C) r;-;> ;S)ft1 ':-::-\ (..l ~j 0 --<.: CHARLES LYNCH and LISA LYNCH, his wife, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 03-5343 YINGST HOMES, INe., WHEATLAND CUSTOM HOMES, INe., AMOS ESH tJdIb/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY Defendants CIVIL ACTION . LAW PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT BEILER CONSTRUCTION COMPANY 70. This paragraph is one of incorporation to which no responsive pleading is required. 71. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent defendant's averment may be deemed factual, it is hereby denied. Bywayof amplification, it is denied that plaintiffs' are barred by the applicable statute oflimitations. 72. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent defendant's averment may be deemed factual, it is hereby strictly denied. By way of amplification, after reasonable investigation, plaintiffs are without sufficient information upon which to form a belief as to the truth or voracity ofthis allegation and, as such, are strictly denied. WHEREFORE, plaintiffs pray This Honorable Court to dismiss defendant Beiler Construction's Answer with New Matter and direct judgment in their favor. 73-74. These paragraphs are directed to entities other than plaintiffs and, as such, no response is required. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP &0 ephen G. Held, Esquire I. D. No. 72663 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 By Date: VERIFICATION STEPHEN G. HELD, ESQUIRE, states that he is th(l attorney for the party filing the foregoing document; that he makes this affidavit as an attomey, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. 94904 relating to unswom falsification to authorities. Date: ~~ CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03.5343 YINGST HOMES, INe., WHEATLAND CUSTOM HOMES, INe., AMOS ESH t/d!b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY: Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE On this 10th day of February, 2004, I hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to New Matter of Defendant Beiler Construction Company was served upon the following by United States Mail, postage prepaid, addressed as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, p,e. 320 Market Street, Strawberry Square POBox 1268 Harrisburg P A 17108-1268 e. Kent Price, Esquire THOMAS, THOMAS & HAFER POBox 999 Harrisburg P A 17108.0999 Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 Stephen L. Banko, Jr., Esquire MARGOLIS & EDELSTEIN POBox 932 Harrisburg PA 17108-0932 HANDLER HENNING & ROSENBERG, LLP By 0 "'" 0 c=> C = " <:~ ...- ..,., --1 ['1 :r:.." r'1 = n1p -om :':'6 N 0 ..' ::;j ~ri -n 1~""1I '7-.!') -" 61;~ )::",( - 'Y ~~ ~ (:.-.. N :u -.I -< .. F\FILES\DA T AFlLEISlate7550\CutTenl\88.l'ep/nlm Created: li19/04 IO:23AM Revised: ~/13104 1:53PM 755(188 CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5343 CNIL ACTION-LAW YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH t/dlb/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY, Defendants JURY TRIAL OF TWELVE DEMANDED DEFENDANT ESH'S REPLY TO NEW MATTER IN THE NATURE OF A CROSS-CLAIM OF DEFENDANT WHEATLAND CUSTOM HOMES 73. Paragraphs 36-57 of the Answer and New Matter of Defendant Esh are incorporated herein by reference. 74. It is denied that Defendant Deer Ridge/Amos Esh performed any framing work on the home where Plaintiff was injured. To the contrary, this work was performed by Byler Construction, Inc. It is the understanding of Defendant Esh that Defendant Byler did construct railing around the hole as required, but some other contractor or person later removed this railing. Proof thereof is demanded. 75. Conclusions oflaw are averred which do not require a reply. If a reply is necessary, said allegations are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Esh demands judgment in his favor against Plaintiff and the other Defendants. MARTS ON DEARDORFF WILLIAMS & OTTO Dated: February 13, 2004 By Daniel K. Deardorff, Esqui I.D. Number 17837 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Amos Esh t/dIb/a Deer Ridge Construction VERlFICA nON Daniel K. Deardorff, Esquire, of the firm of MARTS ON DEARDORFF WILLIAMS & OTTO, Attomeys for Defendant Amos Esh tld!b/a Deer Ridge Construction in the within action, certifies that the statements made in the foregoing Reply are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. QJ f:- Daniel K. Deardorff CERTIFICATE OF SERVICE I, Marti Then, an authorized agent of Marts on DeardorffWilIiams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, P A 1711 0 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Yingst Homes, Inc. 7100 Fishing Creek Valley road Harrisburg, PA 17112 Byler Construction Company R.D. 2, Box 1245 Port Royal, P A 17082 MARTSO~ARDORFF WILLIAMS & OTTO By L-fJt. ~~ Marti Then Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: February 13, 2004 o c ~ -'"'JI.N nil"' ~2 '" v~ ~" r:: ~.,.- ~2 z =< ,...., = = ,&- -1'1 I"Tl CO o '-n ~-n ...~ rn~ -o~ -u 9) :.c=B 90 .'.rn S .". ~ ...J ~.:J :Jt,: '-:? w (,.;) STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: FAX: E-Mail: (717) 975-8114 (717) 975-8124 sbanko@margolisedelstein.com Attorney for Defendant Beiler Construction, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs CIVIL ACTION - LAW NO. 03 -5343 v. YINGST HOMES, INC., WHEAT LAND CUSTOM HOMES, INC., AMOS ESH t/d/b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY, Defendants REPLY OF DEFENDANT, BEILER CONSTRUCTION, INC., TO CROSSCLAIM OF DEFENDANT, WHEATLAND CUSTOM HOMES, INC. - PA. R.C.P. NO. 2252 73. The answers of Defendant, Beiler Construction, Inc., to paragraphs 36-57 of Plaintiffs' Complaint are incorporated herein by reference as if set forth in their entirety. 74. Denied. The answer contained in paragraph 9 of Defendant's Answer to Plaintiffs' Complaint is incorporated herein by reference as if set forth in its entirety. 75. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. WHEREFORE, Defendant, Beiler Construction Inc., demands judgment in its favor and against Defendant, Wheatland Custom Homes, Inc., on its Crossclaim pursuant to Pa. R.C.P. No. 2252. Date: February\'\/, 2004 MARGOLIS EDELSTEIN By: Step n L. Banko, Jr. Attorney I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FAX Counsel for Defendant, Beiler Construction, Inc. -2- CERTIFICATE OF SERVICE I hereby certify that a copy of the upon counsel of record on the //.. . foregoing was served day of j:::'~1 ,D J postage prepaid, 2004, by United States First Class Mail, addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plai~tiffs) Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Wheatland Custom Homes, Inc.) C. Kent Price, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (Attorney for Yingst Homes, Inc.) Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 (Attorney for Amos Esh t/d/b/a Deer Ridge Construction) If~~ ~;;~ Barbara J. Smith; Secretary - '. 0 '"'" 0 = <:,; ~:= -n ~< -., .-1 ,.,1 ::r: ~ CO rn i= -n!:!J ::U C.,J C~ g(.) --;", 7"" t_.) -", (") : -" L.. ("1'1 r: ill c> ,,' ," ')~',," =< (J1 :Il c,...) -< CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5343 YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH tJd/b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY: Defendants CIVIL ACTION - LAW PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT WHEATLAND CUSTOM HOMES, INC. 70. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, plaintiff did not assume the risk of his injuries. 71. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, plaintiff was not negligent in any way, therefore, the Pennsylvania Comparative Negligence Act does not apply in the instant action. Further, all of plaintiffs injuries and damages are recoverable in the instant action and are in no way reduced. 72. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, plaintiffs injuries did not arise from failure to observe an open and obvious condition. WHEREFORE, plaintiffs respectfully request This Honorable Court dismiss defendant's Answer and New Matter and enter judgment in their favor against the defendant 73-75. These are paragraphs not directed to the instant plaintiffs and, as such, no response is required. Respectfully submitted, Date:J:{ ( 7/ QY I HANDLER, HENNING & ROSENBERG, LLP By ~~f!2Wre 1. D. No. 72663 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 VERIFICATION STEPHEN G. HELD, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. g4904 relating to unsworn falsification to authorities. sJ~dJe;re Date: ~{I"1( OL-\ CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5343 YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH tJd/b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY: Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE On this 13th day of February, 2004, I hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to New Matter of Defendant Wheatland Custom Homes, Inc. was served upon the following by United States Mail, postage prepaid, addressed as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square POBox 1268 Harrisburg PA 17108-1268 C. Kent Price, Esquire THOMAS, THOMAS & HAFER POBox 999 Harrisburg P A 17 I 08-0999 Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 Stephen L. Banko, Jr., Esquire MARGOLIS & EDELSTEIN POBox 932 Harrisburg PA 17108-0932 HANDLER HENNING & ROSENBERG, LLP By & pjg)i St h G. Held. Esquire o ~; -:".- ~~n-,: U} f::: ~:,: '. :t ~~~ 2: --l -< '. ...., c;;:.:> C:::;J .r' -., r-l eel o ., .-1 :.'L,',I p ::;:.0 -ob-: ~~) ~-.) i~~) (:.., ::::' -y, ~~~~ ~CJ '< = ~:"": " 'P. r-- CT> Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys fur Defendant \Vbearland Custom Homes, Inc. CHARLES LYNCH and LISA LYNCH, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y, P A : NO. 03-5343 v. YINGST HOMES, INC.; : CIVIL ACTION _ LAW WHEATI.AND CUSTOM HOMES, INC.; AMOS ESH, t/d/b/a DEER RIDGE CONSTRUCTION; and BEILER CONSTRUCTION Co., Defendants REPLY OF DEFENDANT WHEATLAND CUSTOM HOMES. INC. TO THE NEW MATTER OF DEFENDANT BEILER CONSTRUCTION COMPANY AND NOW, comes Wheatland Custom Homes, Inc., by its attorneys, Goldberg, Katzman & Shipman, P.c. who state: 73. Objection. This paragraph violates the Pennsylvania Rules of Civil Procedure in seeking to incorporate 72 paragraphs of information into a single paragraph. To the extent an answer is deemed necessary, the paragraph is denied. The answer of Defendant Wheatland Custom Hornes, Inc. is incorporated herein by reference. 74. Denied. The paragraph states a legal conclusion to which no response is necessary. WHEREFORE, Defendant Wheadand Custom Homes, Inc. requests that the New Matter Pursuant to Pa.R c.P. 2252( d) of Beiler Construction Company be dismissed with prejudice. GOLDBERG, KATZMAN &SHIPMAN,P.C. By Thomas E. Brenner, Esquire Attomey ID #32085 P.O. Box 1268 Harrisburg, P A 17108-1268 Attorney J.D. No.: 32085 (717) 234-4161 Attorneys for Defendant Wheadand Custom Homes, Inc. <-i) )" ',< 6~ ~~ Date: February 17,2004 2 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for Wheatland Construction, Inc., Defendants herein, and that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: February 17, 2004 a;g4~- Thomas E. Brenner, Esquire 103407.1 CERTIFICATE OF SERVICE I, Thomas E. Brenner, Esquire, hereby certify that on this date, I served the foregoing document, via U. S. Mail, postage prepaid, on the persons set forth below, namely: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Daniel Deardorff, Esquire Mattson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 By: Date: February 17, 2004 106543.1 C. Kent Price, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, P A 17108-0999 Stephen Banko, Esquire Margolis Edelstein PO Box 932 Harrisburg, P A 17108-0932 GOLDBERG, KATZMAN &SHIPMAN,P.C. ~2~ Thomas E. Brenner, Esquire -- . ~ 0 ...., 0 =~ C c;;=> -n Z -"" -., -, r"i :T 2;J rn C] fen 'J ~j) ~~ C) '.-) :~-j '"1- . .~- . ,~ (') " _:..-, -....,- ("') , (:;~ rn :~~~ N ~ C> :j.S "","- -< CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs v. YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH TID/B/A DEER RIDGE CONSTRUCTION, and BYLER CONSTRUCTION COMPANY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5343 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION FOR VOLUNTARY DISCONTINUANCE It is hereby agreed and stipulated to among counsel for all parties hereto that the matter shall be voluntarily discontinued as to Defendant Yingst Homes, Inc. in accordance with Pa.R.C.P.229(b). ld, ui Handler, enning & Rosenberg 1300 Linglestown Road Harrisburg, P A 17110 ~' <'0 ( , ~"'<- 4~ M"- '1'li'6mas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.c. 320 Market Street, Strawberry Square Harrisburg, PA 17101 C--~ C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 17101 278917.1 Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Daniel K. Deardorff, Esquire Manson, Deardorff, Willia!ns & Otto Ten East High Street Carlisle, P A 17013 CHARLES LYNCH and LISA LYNCH, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 03-5343 v. CIVIL ACTION - LAW YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH T/DIBIA DEER RIDGE CONSTRUCTION, and BYLER CONSTRUCTION COMPANY, Defendants JURY TRIAL DEMANDED STIPULATION FOR VOLUNTARY DISCONTINUANCE It is hereby agreed and stipulated to among counsel for all parties hereto that the matter shall be voluntarily discontinued as to Defendant Yingst Homes, Inc. in accordance with Pa.R.C.P.229(b). ) Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 St L. anko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, P A 170 II Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry Square Harrisburg, PA 17101 Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, P A 17013 r_~ C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, P A 1710 I 278917.1 CHARLES LYNCH and LISA LYNCH, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 03-5343 v. CIVIL ACTION - LAW YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH T/D/B/A DEER RIDGE CONSTRUCTION, and BYLER CONSTRUCTION COMPANY, Defendants JURY TRIAL DEMANDED STIPULATION FOR VOLUNTARY DISCONTINUANCE It is hereby agreed and stipulated to among counsel for all parties hereto that the matter shall be voluntarily discontinued as to Defendant Yingst Homes, Inc. in accordance with Pa.R.C.P.229(b). Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, P A 17110 Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Canlp Hill, PA 17011 G;.~ k. Q. {4t Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.c. 320 Market Street, Strawberry Square Harrisburg, PA 17101 C-~ C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 17101 278917.1 0 "" ("4 C-O> 0 C..~) -~ ..1) ~~: :.:-l ;;.J I N : .. -::1 _. .. #"'. r~) C) RECFI\lI=L FEB 1 R 2004 1\/1 0 \ l,"r, THOMAS. THOMAS & HAFER; LLP ATTORNEYS AT LAW ~ 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 www.tthlaw.com C. Kent Price (717) 255-7632 kprice@tthlaw.com March I, 2004 Prothonotary of Cumberland County Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013-3387 RE: Lynch v. Yingst Homes, Inc., et aI. No. 03-5343 Dear Sir or Madam: I have enclosed a proposed Order with attached Stipulations for Dismissal of Defendant Yingst Homes, Inc. that have been executed on behalf of all parties of record in the above matter. Previously, Plaintiffs had filed a Motion for Discontinuance as to Yingst Homes, Inc. and the Honorable Edgar B. Bayley issued a Rule to Show Cause in that regard on February 10, 2004 retumable in 15 days. Inasmuch as Judge Bayley has had prior involvement with this matter on the same issue, I would respectfully request that this Order be transmitted to him for consideration. I have enclosed self-addressed stamped envelopes for all cOlillSe1 of record for use in transmitting the Order to them should Judge Bayley deem it appropriate to issue the Order as submitted. Sincerely yours, THOMAS, THOMAS & HAFER, LLP C-~~ C. Kent Price CKP/ves:273580.2 Enclosures cc: Honorable Edgar B. Bayley Stephen G. Held, Esquire Thomas E. Brenner, Esquire Stephen L. Banko, Jr., Esquire Daniel K. Deardorff, Esquire Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675' Fax: (610) 868-1702 . MA~ 2004 CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5343 v. : CNIL ACTION - LAW YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH tldlb/a DEER RIDGE CONSTRUCTION, and BYLER CONSTRUCTION COMPANY, Defendants : JURY TRIAL DEMANDED ORDER ~ AND NOW, this -5 day of March, 2004, upon consideration of the attached Stipulation for Voluntary Discontinuance executed by counsel for all parties of record, it is hereby ORDERED that the subject action is discontinued as to Defendant Yingst Homes, Inc. only in accordance with Pa.R.C.P. 229. The Prothonotary is directed to mark the docket accordingly. , f fi .~t- ~ ". . ':'\ ~ ' ~ ~ ~~ ,-0 '"/ "?;',r'''? ~::t_ ...;:<- .. ~~, ,I \;') ::::: ~) ~G~ \JJ:;:C/ ~ " -)'<-;;: (J/-- fi'o'- '- "'-'- _,0 ;do ._,,7, '((:.s:" :;; 'S'C1 \...0 - -- cO C: ,;;":(" ~,,'" .,/ ,J- v-'"\ \,~\'\',\J ~U:\ ..d'.. ',~:, c.-- \...l-::c:. ~ ':~-;-." Y ~ ...;~ ib :") '6 ~ Q F:IWP DirectorieslJJV\Motionsllynch (amend beiler caption).wpd CHARLES LYNCH and LISA LYNCH, his wife, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 03-5343 YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH TIDIBIA DEER RIDGE CONSTRUCTION, and BYLER CONSTRUCTION COMPANY, CIVIL ACTION - LAW Defendants MOTION TO AMEND CAPTION AND NOW, come the Plaintiffs, Charles Lynch and Lisa Lynch, by and through their attorneys, HANDLER, HENNING & ROSENBERG, by Stephen G. Held, Esquire, and move this Court to amend the Caption, and in support thereof, aver as follows: 1. Plaintiffs, Charles Lynch and Lisa Lynch, brought this premises liability action against the sev~ral Defendants who, upon Plaintiffs' information and belief, were in ownership, management or possession of the dangerous premises which caused Plaintiff, Charles Lynch's, injuries. 2. All parties listed in the caption were properly served. 3. Upon further discovery and investigation, Plaintiffs have learned that Defendant, Byler Construction Company, should actually be spelled "Beiler." 4. Yingst Homes, Inc., was discontinued as a party to this action by an order dated March 5, 2004. (A copy of Judge Bayley's order is attached hereto, and is marked as "Exhibit A".)' 5. All Defendants in this action have been served with copies of this motion and notice of its presentment to this court. WHEREFORE, Plaintiffs request that this Honorable Court to amend the caption by removing Yingst Homes, Inc. because it is no longer a party to this action. Secondly, Plaintiffs request that the spelling of the caption be amended to read "Beiler Construction Company". Respectfully submitted, HANDLER, HENNING & ROSENBERG By: S en. Held 1.0. # 72663 1300 Linglestown Road P.O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorneys for Plaintiffs Dated:~ 2 1 /~ MAR 0 4 2004 CHARLES LYNCH and LISA LYNCH, his wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA Plaintiffs : NO. 03-5343 v. : CIVIL ACTION - LAW YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH t/dIb/a DEER RIDGE CONSTRUCTION, and BYLER CONSTRUCTION COMPANY, Defendants : JURY TRIAL DEMANDED ORDER AND NOW, this.5!!;: day of March, 2004, upon consideration of the attached Stipulation for Voluntary Discontinuance executed by counsel for all parties of record., it is hereby ORDERED that the subject action is discontinued as to Defendant Yingst Homes, Inc. only in accordance with Pa.R.C.P. 229. The Prothonotary is directed to mark the docket accordingly. BY THE COURT: t Iti ~~A" A 6'.'/'1 gar B. ayley, Judge TRUE COpy FROM RECORD t.nTe'romonywhllfllin, i he(<lW1w~myh3l1d and the ~ at s;:;id C0t~n at C4n~*~ ~ This j~7A ~y ijif11A-<~ ~ .. ..(.., {Jh1' 0,,, ProthonOlaN CHARLES LYNCH and LISA LYNCH, his wife, . :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 03-5343 YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH tJd/b/a DEER RIDGE CONSTRUCTION and BYLER CONSTRUCTION COMPANY: Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE On this 29th day of March, 2004, I hereby certify that a true and correct copy of the foregoing Motion to Amend Caption was served upon the following by United States Mail, postage prepaid, addressed as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square POBox 1268 Harrisburg P A 17108-1268 C. Kent Price, Esquire THOMAS, THOMAS & HAFER POBox 999 Harrisburg P A 17108-0999 Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013.' Stephen L. Banko,Jr., Esquire MARGOLIS & EDELSTEIN POBox 932 Harrisburg PA 17108-0932 HANDLER HENNING & ROSENBERG, LLP By ~ C) '"'" ~0 = a = .r:- "T1 \~ =r:: ~ :P- ;;0 ri1~ w ~g c:::> :::? "r" (5:i:l ~ "".C) 0 N 01"11 .......-. :.-1 ---J ,~) :iJ -<. W -< ~ MAR 3 1 2004 ~ CHARLES LYNCH and LISA LYNCH, his wife, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 03-5343 YINGST HOMES, INC., WHEATLAND CUSTOM HOMES, INC., AMOS ESH T/D/B/A DEER RIDGE CONST"'WCTION, and BYLER CONSTRUCTION COMPANY, CIVIL ACTION - LAW Defendant ORDER AND NOW this \~ day Of~, 2004, upon consideration of Plaintiffs' Motion to amend their caption and pleadings, said Motion is GRANTED and it is hereby ORDERED that Plaintiffs have a leave of court to amend their amend their caption to read . '. "Beiler Construction Company" and to remove Yingst Homes, Inc. from the caption. ,; F 'j , '..0 -.. "-" tn 0- ~~, ~ ~\ Q~ :2 (::'",- W'-- ,.,; ::d LLiC: U-:I: ..a:. 1- -::r ~,~t} u- g r..) o <--' fttr rf ~~~"'rt fr~~:p{ - .,p ~ cr-, C, ~ ~~""~ -<; ~ . CHARLES LYNCH and LISA LYNCH, his wife, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, P A : NO. 03-5343 WHEATLAND CUSTOM HOMES, INC.; AMOS ESH t/ d/b/ a DEER : CIVIL ACTION - LAW RIDGE CONSTRUCTION; and BEILER CONSTRUCTION COMPANY, Defendants TO THE PROTHONOTARY: Kindly mark the above-captioned action settled and discontinued Date: 1;./1-1 lOb 142371.1 HANDLER, HENNING & ROSENBERG, LLP BY~ Step en e1d, Esquire 1300 Linglestown Road Harrisburg, P A 17110 Counsel for Plaintiffs . . CERTIFICATE OF SERVICE I, Thomas E. Brenner, Esquire, hereby certify that on this date, I served the foregoing document, via U. S. ,Mail, postage prepaid, on the persons set forth below, namely: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Daniel Deardorff, Esquire l\1artson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Date: December 26, 2006 Stephen Banko, Esquire ivfargo lis Edels tein PO Box 932 Han-isburg, PA 17108-0932 GS?~ERG KATZl\IAN, F.C. ("") s~ :,- f-.;) e:J' <= 0.... (-, ..on ::::1 o r-j""i ("") N -J -C:J -" ~ ~ 1"'-) U,J