Loading...
HomeMy WebLinkAbout08-5672D Nichole M. Walters, Esquire Attorney I.D. No. 84478 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant To: ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Action- Law Jury Trial Demanded NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Nichole M. Walters, Esquire Attorney I.D. No. 84478 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. Of - 6 72 C ,mil e Civil Action- Law Jury Trial Demanded PLAINTIFF'S COMPLAINT Plaintiff, Mary Permelia, by and through her attorneys, Nichole M. Walters and The Elder Law and Consumer Protection Clinic of the Dickinson School of Law of the Pennsylvania State University, state the following in support of Plaintiff's Complaint: Parties 1. Plaintiff, Mary Permelia, is an adult individual residing at 123 Three Turns Road, Biglerville, Cumberland County, PA 17307. 2. Defendant, Roger L. Hosfelt, is an adult individual residing at 112 Big Pond Rd., Shippensburg, PA 17257. Factual Alle ations 3. In or around October 2006, Plaintiff and Defendant made an oral agreement ("Agreement") that Defendant would dig and construct a basement for Plaintiff's modular home. 4. Construction by Defendant upon said basement began in or around November 2006. 5. Plaintiff moved into the house on or around January 22, 2007. 6. At the time Plaintiff moved into the house, Defendant represented to Plaintiff that the basement was completedand that she would have no leaks. 7. In February 2007, Defendant charged Plaintiff a total of $53,777.50 for the construction work it completed to date on Plaintiff's modular home, and, specifically, charged $14,286.88 for the basement construction. A true and correct copy of the invoice is attached as Exhibit A. 8. In February 2007, one month after the basement was said to be finished, it flooded as a result of the lack of drains and poor waterproofing. 9. After the basement flooded, Defendant agreed to dig drains and pour soil around the foundation in order to stop the basement from flooding. 10. Defendant charged the Plaintiff for the attempted repairs to the basement, but exact amount charged is not known at this time. 11. Despite Defendant's attempt to repair the basement, it continued to leak and flood. 12. In September and October 2007, Plaintiff contacted Defendant by letter to inform him of the problem, but Defendant did not respond to that letter. 13. In December 2007, Plaintiff attempted to contact Defendant by telephone to inform him that the basement was still flooding, but he would not return her calls. 14. Again, in February 2008, Plaintiff sent a letter to Defendant attempting to get him to fix the leaking. 15. Finally, in February 2008, Plaintiff was able to contact Defendant by telephone. During this conversation, Defendant asserted that he had completed the work and refused to make any more repairs. 16. In May 2008, Plaintiff hired Mid Atlantic Water Systems ("Mid Atlantic") to repair the problem. IT Mid Atlantic installed drains around the perimeter of the basement and sump pumps to pull water out of the basement to prevent flooding. 18. Prior to Mid Atlantic's performance of repairs, there were no drains or sump pumps installed in Plaintiff's basement. 19. Mid Atlantic charged Plaintiff $12,537.00 for its repairs. A true and correct copy of the service contract and invoice with Mid Atlantic is attached as Exhibit B. 20. Since Mid Atlantic's completion of the repairs to Plaintiff's basement, Plaintiff has experienced no further flooding problems. Count I- Breach of Contract 21. The allegations set forth in the proceeding paragraphs are incorporated by reference as though fully set forth herein. 22. Pursuant to the Agreement and subsequent attempts to repair the basement, Defendant was obligated to construct and deliver to the Plaintiff a basement suitable for a single- family dwelling with drains to prevent flooding. 23. Despite the repeated demands of the Plaintiff, and in breach of the Agreement, Defendant did not and has not yet delivered to the Plaintiff a basement built in a good and workmanlike manner, free of defects and suitable for use by Plaintiff as a basement for single-family dwelling. 24. In breach of the Agreement and subsequent repair attempts, Plaintiff received a basement with material structural defects, extensive water infiltration and other defects as more fully described above. 25. Despite request and opportunity, Defendant has not properly repaired and remedied the aforementioned defects of the basement. 26. Plaintiff fulfilled all conditions precedent to filing this cause of action for breach of the Agreement. 27. As a direct and proximate result of Defendant's breach of the Agreement and subsequent repair agreements, the Plaintiffs have suffered damages which include the overpayment for the work performed by Defendant, cost to repair the defects in the amount of $12,537.00, loss of use of basement prior to final repairs, and time spent minimizing the effects of the defects. WHEREFORE, Plaintiff requests that judgment be entered against Defendant for an amount in excess of $12,537.00, plus interest and costs, and for such relief as this court may deem necessary and proper. Count II- Breach of Merchantability and Habitability 28. The allegations set for in the proceeding paragraphs are incorporated by reference as though fully set forth herein. 29. Defendant impliedly warranted that the basement was constructed in a reasonably workmanlike manner and that it was fit for its intended purpose, merchantable and habitable. 30. Defendant impliedly warranted and was obligated to construct and deliver to the Plaintiff a basement which was safe, sanitary, code compliant and built in a good and workmanlike manner, free of defects and suitable for use by the Plaintiff as a basement for her single-family dwelling. 31. Plaintiff did not receive a basement constructed in a good and workmanlike fashion, free of defects, safe, sanitary, and code compliant, and suitable for use as a basement for her single-family dwelling. 32. Plaintiff received a basement with material defects, as more fully described above in the factual allegations section of this complaint. 33. Despite requests and opportunity, Defendant never adequately cured the aforementioned construction defects and deficiencies. 34. The aforementioned defects and deficiencies of the subject basement constitute breaches of the Implied Warranties of Fitness, Merchantability, and Habitability. 35. As a direct and proximate result of the aforementioned breaches of warranty, Plaintiff has suffered and continues to suffer substantial damages, including but not limited to the cost of repairing the defects, and other consequential and incidental damages which will be proven at trial. WHEREFORE, Plaintiff demands judgment against Defendant for all compensatory, consequential and incidental damages in excess of $12,537.00, interest, costs of suit and any other relief this court deems just and proper. Count III- Violation of Unfair Trade Practice and Consumer Protection Law 36. The allegations set forth in the proceeding paragraphs are incorporated by reference as though fully set for herein. This count is brought under Pennsylvania's Unfair Trade Practices and Consumer Protection Law ("UTPCPL"). See 73 P.S. §§201-1 et seq. 37. The sale of construction services by Defendant is within the regulations of the UTPCPL as that statute defines a trade as including the sale or distribution of any services and any property, tangible or intangible, real, personal or mixed. See 73 P.S. §201-2. 38. The UTPCPL provides for a private right of action to be maintained'by an aggrieved party. See 73 P.S. §§210-9.2 et seq. 39. The UTPCPL prohibits a contractor from representing that goods or services are of a particular standard, quality or grade if they are of another. See 73 P.S. §201-2(4)(vii). 40. Plaintiff contracted for the services of Defendant for the purpose of obtaining a basement for her single-family dwelling. 41. Defendant engaged in unfair or deceptive practices likely to cause confusion and prohibited by the UTPCPL through activities as already more fully alleged in the preceding paragraphs of this Complaint, including but not limited to representing that the basement was of a particular standard, quality or grade when it was not. 42. As a direct and proximate cause of Defendant's conduct as alleged herein, Plaintiffs incurred actual damages including, but not limited to, overpayment for the work performed by Defendant, cost to repair the defects in the amount of $12,537.00, loss of use of basement prior to final repairs, and time spent minimizing the effects of the defects. WHEREFORE, Plaintiff requests that judgment be entered against Defendant for an amount in excess of $12,537.00, plus interest and costs, and for such relief as this court may deem necessary and proper. Date: q S b Respectfully submitted: By: /M- I kag' Nichole A Walters, Esquire The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff C?awqe of 1.50% Per rester (18%) knnuaNfy vni, be @X3:5 p^SA'g,,'iySalc €G"e?'y Apphed to al Am o tS over io Days past Due. hlj vWR by if acc-W W-ohin Days eta nm'.°°'ry-',i't?E?e'Q.. S.4w"a'^GC?4 -wvr...?s,•er?.waw ___ __._.?..._.._._.._ DATE I LAST NAME ADDRESS Hm PHONE HISTORY T ofFoundatlon? /PC/ST/BR/TC How problem eidst R a Has p?Qb?+ gin worse? ft, Why Waft an kupection? Does Pr?Aow damage exist? was p(evious service rendered? COUNTY (U. _ Wk PHONE Wa1FSeepage Lolly Column Leaks . Seam Infiltration Chimney Window Wells Stairway 1st CB Exposure TOE VMW } M'LO 0 E-MAIL ZIP 1,307 BASEMENT FIELD REPORT Field Inspect Wateror Mid-Atlantic proofing TELEPHONE: CIRCLE PROBLEM AREAS Poor Masonry Lifting Floor Tile Fungus Sandy Mortar Blistered Paint Dry Rot Crumbling Wails West USTY HonzorI Budding Insect Infiltration Warped Paneling M I FLOODS Grade Problem s'MIIDILDEW Vertical Wail Cracks No Parging M Outside Cracks i mproper"-'?iiE? Stages oney?ombed R ng Problem 1 oor ' '? Severe . e 3 Footer ndermined Budded Wail 4 tf t ( 1 theveMatlve EnwqwxVftrvioe_ era Wall Servioe d o r Service )r,"7 Subm"SiSe iYr ?J S1 i SafterY Back Up(s) 1 Structural Jl_ See Attwhed -? ', -- Warranty ITOTAL ViVESTMElff I have had a complete inspection from the interior and the exterior and have been advised as to what professional corrective services are available to render our basement dry, and structurally sound. Mid-Atlantic Wate rbofin has m rP . 9 y permission to telephone me at follow up on Owner' v ' - Date Owner ^-IWW4.15? ALL HOMEOWNERS MUST BE PRESENT 70 COMPLETE THE VdSPECTM. NOTICE TO CUSTOMER REQUIRED BY FEDERAL LAW. You have entered into a transaction on (Date) which may result in a Lien, Mortgage, or other Security Interest on your home. You have a legal right under Federal Law to cancel this transaction, if you desire to do so, without any penalty or obligation within three (3) business days frown the above date or any later date on which all material disclosures required under the Truth In Lending Act have been given to you. If you so cancel the Transaction, any lien, Mortgage, or other Security Interest on your home arising from this transaction is automatically void. You are also entitled to receive a refund of any downpayment or other consideration, if you cancel, within 10 business days following receipt by the seller of your cancellation notice. If you decide to cancel this transaction, you may do so by notifying MID-ATLANTIC WATERPROOFING. at (Address of Creditor's Place of Business) by Mail or Telegram sent no later than midnight of (Date) You may also use any other form of written notice identifying the transaction if it is delivered to the above address not later than that tame. This notice may be used for that purpose by dating and signing below. THE ABOVE "NOTICE TO CUSTOMER" IS REQUIRED BY FEDERAL LAW AND IS TO BE PROVIDED TO YOU BY ALL CONTRACTORS CONTRACTING TO DO BUSINESS WHILE IN YOUR HOME. THE THREE BUSINESS DAY PROVISION WILL PROVIDE YOU THE TIME NECESSARY TO CHECK OUT THE CRE- DENTIALS OF ANY CONTRACTOR VISITING YOWHOME ... IT IS MOST IMPORTANT TO RECOGNIM THAT NOT ALL CONTRACTORS ARE LEGITIMATE ... NOT ALL CONTRACTORS OR THEIR REPRE- SENTATIVES MEET THE REQUIREMENTS OF CERTAIN STATE AGENCIES, NOR DO THEY HAVE THE PROPER CREDENTIALS TO SECURE THE PROPER LICENSING, INSURANCE OR, WHEN REQUIRED, THE PROPER BONDING. CONTRACTORS NOT ISSUING THE ABOVE FEDERAL NOTICE OR DISPLAYING THEIR PROPER CRE- DENTIALS MAY NOT BE LEGITIMATE. THEY MAY NOT HAVE YOUR BEST INTEREST IN MIND. SHOULD YOU NOT KNOW OF THE CONTRACTOR WHO SEEKS TO CONTRAC FOR SERVICES WHILE IN YOUR HOME OR SHOULD YOU BE APPROACHED BY STREET VENDORS, IT IS IN YOUR BEST INTEREST AND THE BEST INTEREST OF LEGITIMATE CONTRACTORS THAT YOU INSIST ON SEEING THEIR CREDENTIALS PRIOR TO PURSUING A CONTRACT: MID-ATLANTIC IS PROUD TO PROVIDE YOU THE ABOVE NOTICE AND A COPY OF OUR "CREDENTIAL CHECMST". ACKNOWLEDGEMENT OF RECEIPT OF INFORMATION The undersigned hereby acknowledge receipt of 2 copies of this notice, and have been verbally told of their rights of cancellation pertaining to the aforementioned contract. Must be dated - (Dw S4md) Must be dated - (Date Signed) I HEREBY CANCEL THIS TRANSACTION (Dm) (cuscoaices s4naww) 0i9 Copy - Cam Ydbw Copy - Castaaaer rMk Copy - WW AdwWc Cdde=*d - Ind Aden* NAME ENV LI ? [ADOPASS SERVIC CRY/STATE Y [ ?. , . .+}t P s? i' i W? a y . . WK. SERVICErLOCATION: DIRECTIONS: SERVICE A S CONTRACT GATE ?+ 'i! f ORIGINAL FOREMAN -'a C E F SERVICE CHAAGES: MATERIALS S G H LABOR S TPf Af e K SKETCH TIME 0 CALL FOR APPOINTMENT SEE 0 SEE SERVICE MANAGER 0 COPY OF ORIGINAL WORK ORDER ATTACHED ASSIGNED TO: 44 SERVICE RENDERED: r ? • . vas a 3 i . ' 3 4,? f-??F ? ?? i i ? '? '7 : ? { S ? f' ?' P " ` ? ?? ??> ???«!???-r? 31 „pia ? { _ ?n4? }? ',.,? : { ? , s'? .. ° • ; /, -?+; ] SERVICE SATISFACTORILY ¢ COMPLETED THIS DATE a CUSTOMER X:?' .-? SERVICE FOREMAN X ?I h2 yy , . v ARRIVAL TIME - % u OUT TIME u O a N .wr CALL RECEIVED SY_ AGREEMENT vos MID-ATLANTIC SYSTEMS OF CPA, INC. Wvit our Websue 52 Grumbacher Road #A-3, York, PA 17406 vvwmbasements.com (717) 767-9770 * (717) 767-9880 fax * (800) 777-6292 .,A Nn This Agree entere into this day of DQ1( 20, between Mid-Atlantic Systems of CPA, Inc. and: ll/ Name(s) ?v ? )ZQ/jyvA Phone (h) (In :35y q?(4,3 Phone (w) Phone (c), 7C? 7?/'?7"? Address U'P IL _p. City l/a(4 ?U/LC@ County I3`GC(.AND State -Lt1_ZipLL2 Job Site It City County t State " Zip The "Agreement" consists of this Agreement, the Terms and Conditions on the reverse of this Agreement and any Addenda attached to thi$ Agreement. In this Agreement, Mid-Atrsntic Systems of CPA, Inc. will be referred to as "Contractor" and you will be referred to as "You" or "Owner." You and Contractor, intending to be legally bound, agree as follows: TERMS OF THIS AGREEMENT Contractor agrees to furnish all materials, labor and equipment;hecessary to remove and/or redirect water getting into the premises of Owner identified as the Job Site above ("Premises"), as more fully described below and in any Addenda to this Agreement (the "Work"), Approximate Start Date 3 20 $ Approximate Completion Date 3-- « *Any delay caused by events beyond the control of the Contractor shall not constitute abandonment and shall not be included in calculating time frames for payment or performance. M? I ?3 l .R ?h i ?n C4, tam MID-ATLANTIC IS INSURED AGAINST GENERAL/PUBLIC LIABILITY AND TO THE 9ULLEST EXTENT REQUIRED BY LAW FOR WORKER'S COMPENSATION. AREA OWNER REQUESTS TO BE SERVICED XI Where applicable, customer has been advised of a four wall below grade problem rp7- 2' Front-Wall(s) v" 14 Left Wall(s) Z? y ld Rear Wall(s) 0 Right Wall(s) Y Front of Building/House Filled Area Indicates Contracted Wall(s) Total Footage under Warranty /'& Ft. WARRANTY AND CERTIFICATION; METHOD OF PAYMENT: (Please check one ) ?111 Service and warranties apply to wall and floor areii and footage d i escr bed above and on attached Service Warranty. A. ()C) Unpaid balance cash on completion bF.H.A./V.A certification issued on completed work upon request. B.'( ) Unpaid balance to be financed by a third party Warranty transferable rights apply to this-Agreement. i 1. Price of Work (including taxes) $ /? ?j7•? DESCRIPTION OF WORK TO BE PERFORMED 2. Other charges A. Engineering fees $0_ 1 Mid-Atlantic's Hydro-TraC" (lower wall. service) Mid ' B. Permits $ ( -Atlantic s sub-floor pressure relief system " C. Dumping fees _ $ (4 a.d.s. flexible core perforated piping) D. Other fees $_0_ 11 Monolithic Hydro-Trac SystemTM El Base Cove Channel 3. Total price $ /Z = Deposit ? $ 00,4w Balance to be paid on completion $ 11,97- Contractor's liability to Owner or others shall*not exceed, under any circumstances, the amounts paid to Contractor by Owner under the Agreement. READ THE ADDITIONAL TERMS ON THE BACK OF THIS AGREEMENT BEFORE SIGNING, THE TERMS AND CONDITIONS ON THE BACK OF THIS AGREEMENT ARE PART OF YOUR AGREEMENT WITH THE CONTRACTOR AND ARE BINDING ON YOU. The Owner acknowledges receipt of a: copy of 'this Agreement. Owner by,ts signature,belQw,repregents,and warrants that all of the persons signing this Agreement are the legal, beneficial and rightful owners of the Premises, that no other persons or entities'have any interest in thefremises and that Owner is authorized to enter into this Agregment. , El Mida 610 SST'" Heavy duty submersible pump system (s) (Limited, to a material warranty of (7) years) # Wo Emergencf Power Outage Protection ? Mida 620EBT'" Battery backup pump(s) #_ (Limited to a material warranty of (1) year) Cus-iner,_a----- declne As to any equipment provided as art of the Work, Owner shall be entitled to the benefit of any and all manufacturer's warranties actually received by Contractor for the equipment. Mida Convection PortsTM 1@ Mida-Aire- lUr MidalizerT" ?tl Mida Scentr"' Other M/-)I , 016/1 ?1 ,'/ /rl/Jt1L W4t/ /IL,. rbtS RGL 76) TI lr, XU$mI P4oy pm/,j ? See attached ADDENDUM, should the following apply: ? Exterior ? Structural ? Coatings ? Other ? Mida Wa11T" ? Rough Casting ? Vapor Bright ? Mida Fiber Force- ? Fennell Ledge ?AII other aspects of the Work are warranted for one (I ) year from completion. YOU, THE BUYER, MAY CANCEL`THIS AGREEMENT AT ANYTIME PRIOR TO MIDNIGHT OF THE.THIRD BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT. SEE THE ATTACHED NOTICE-OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGAT. " i The parties h exec ed t s Fgreement on the day and year first set forth above. SALESPEJ?§?ON'SSIGTURE ?l x l??f L?LIJ HOMEOWNER' SIGNATURE DATE ?7 - ll P r L lC/??L? SALESPERSONS NAME (Print) - HOMEOWNER'S SIGNATURE DATE Activation Code: J" MID-ATLANTIC SYSTEMS OF CPA, INC. Visit our Website at www.basements.com 52 Grumbacher Rd. 4A-3, York, PA 17406 / (717) 767-9770 * (717) 767-9880 fax * (800) 777-6292 Date Issued: T Z &-yl PA Owner: ! d Premises:Z io$ r t6LCQUlGI / 17 7 Mid-Atlantic Systems of CPA, Inc. ("Mid-Atlantic" or "Contractor") provides this Service Warranty ("Warranty") for labor and materials related to the area contracted against water seeping in from the lower wall cove (where wall meets floor), the floor area as described below, and where a pressure reliefsystem has been installed ("Work"). Customer recognizes that the Service Warranty is not valid until all monies due to Mid-Atlantic are paid in full. SERVICE WARRANTY Described Araas (one must be checked): II All four (4) wdlls (total perimeter) - Warranty includes total perimeter of floor and total middle floor area, ? 1 - 2 - 3 Walls - Warranty includes immediate floor area within 3 feet of wall as specified on contract. ? Stone/Brick/Terra Cotta Foundations - Mid- Atlantic shall be responsible to service the seepage through the lower wall/floor system and not for seepage through wall(s) or wall mortar/joints. Length of Warranty: ? One (1) Year ? Five (5) Years I Entire period in which owner holds title to the Property. Limited Warranty: Described Equipment: Submersible Pump(s) warranty for free pump replacement: ? 90 Days ? One (1) Year ? Three (3) Years ? Five (5) Years M Seven (7) Years Battery Backup Pump(s) warranty for free pump replacement: ? 90 days ? One (1) Year Notice: Submersible pump equipment is powered by electrical power and must always be plugged in to a power source. Pump warranties are far the replacement of the pump only. Labor warranty is jood for one year. THIS SERVICE AGREEMENT mtu-AT AN SYSTEMS OF CPA, INC. IS TRANSFERABLE By AUTHORIZED SIGNATURE SERVICE WARRANTY TRANSFER Upon endorsement by holder and the transmittal of this document to Mid-Atlantic, this Warranty is transferable and assignable one time to parties as yet unnamed for the duration of the original stated Warranty in accordance with the terms and conditions specified herein, provided that the new owners meet all terms and conditions of the agreement accompanying this Warranty. To be effective, this Service Warranty Transfer must be notarized and sent to Mid-Atlantic's office within 30 days of transfer of title. I do hereby request transfer and re-registration of this Service Warranty to: Name FEE $ - - - - - - - - - - - - - - - Address City, State, Zip (Home phone) (Work phone) (Mobile phone) Holder's Name (Print) Holder's Signature . Date NOTARY MID-ATLANTIC WATERPROOFING Name / Phone 7n 5 3Z- ?( 3 hone Address 14(t l/?Alc City iur- State ,4 Zip Job Site City State Zip L PROPOSAL: FOUNDATION / WATERPROOFING / WATER MANA EMENT SERVICE(S) -? IJ 1 ( ) Commercial ( ) Realty () Resideptial INTERIOR N Wall(s) Number NDATION I P/C BR ST T/C Footage ?z Fl ' 1 n grade: ( ) oor Footage _ to Pd Pump(s) Numbert - ® -? 3 - 60.- 90 . Yr. ( ) Window Well .-- ( )Stair Well ( )Fireplace - ! (Front) - EXTERIOR STRUCTURAL ( ) Parqueting () Wall Pins ( ) Drain Shield () Angle Irons ( ) Footer D/r O Comer Brace ( ) Sub-Soil Sys. () Footer Underpin ( ) Post Hole (,) Jack Post ( ) Bracing O Lateral Stitch OI-Beam O () Remove/Replace 3 ) Dry Baseme t ??rt. N FHA/VA Certificate 90 Warranty i?'c Q) Transferable -?N§YAr( D1tn/ J`SS1/1? P?CI?I SvfM ?IUNV ll ii/?(lS %? rX 6W601% Ai12 DQc>>0Mhy7 Akrkl i, / 15. ..Cr 7n/7?'?j??r (f? L 1AJ fIUC4? 1tJ llT2/JCi/z. /aLl/? This proposal shall be. a part of, and. incorporated as such, to a Contractual Agreement upon property owner's approval to proceed with a Contract to commence with the actual service. If you have not already done so... You must contact our CUSTOMER OFFICE OR YOUR ESTIMATOR to proceed with service. TOTAL investment for the above described services: Estimate good for 30 days 47, /0 Representative Telephone Number A V -1 Date Oriitinrl - Mid Atlantic Yellow Copy - Cultomrr -- ILL= /(1??A(?).??•I?r-,44c ? 0wj741A11VA1j'TmL? Q?N r171/ r(ooR f wltVCT ?'j' bp( '37A (t 1 /!//17//-1 l /,<Q S'TI')I PML T k A N7 11V7o T IVIt" ??/1CU> L2000 q All tlkWY A-1 /1T4g `7c,10/C MID-ATLANTIC SYSTEMS OF CPA, INC. t/a Mid- Atlantic Waterproofing t t t ' 52 Grumbacher Road Suite A-3 • York, PA 17402 Visit our Website (717) 767-9770 • (800) 777-6292 • (717) 767-9880 Fax www.baseme)tts.com Name N41,V Rpmflld Phone / Il 32 - 97163 E-mail _ i Address 17:?,? ? l URNS 4 City f(1UItI& State Job Site City State zip 11-W Zip PROPOSAL: FOUNDATION WATERPROOFING / WATER MANAGEMENT SERVICE(S) EXTERIOR EXCAVATION AND REPARGET WALL SERVICE: Excavate around basement exterior to a depth approximately eight (8) inches below footer-wall cove and of sufficient width to allow access for pargeting and wall treatment. Remove all loose material, foreign matter, etc., from face of walls and that which exist on top of footing. Clean out all existing cracks that exist in original pargeting; prep and seal cracks with non-shrink grout. All loose pargeting is to be removed from foundation wall and where such exist, the exposed area is sealed with first base pargeting. Treat exposed and below grade areas, that require repargeting, and any other areas where proper bonding is questionable, with a masonry bonding agent, applied to manufacturer's instruction. Apply a double coat (min. 1/2") of waterproof cement pargeting from four (4") inches above grade, down to an out onto footing, forming a cove at junction of wall and footing. Parget foundation above grade as may be required to provide a sound surface, to match existing, ready to receive paint. Apply a troweled on coat of bituminous waterproofing (min. 1/8") over the below grade cement pargeting, out onto footing. Cover same area with six (6) mil polyethylene, properly lapped and sealed. Prior to backfill, call for inspection of the above. Backfill and hand tamp is six (6") inch layers. Apply two (2) coats exterior masonry paint to all foundation walls exposed above grade. - 11, THE ABOVE SPECS CONFORM TO HUD, VA AND FHA SPECIFICATIONS: TOTAL INVESTMENT for the above described services: $ 17, &, 't- A 1%' l 0, 15pr1l 041,J Note: The above described services and the cost for such DOES NOT include the removal or replacement cost for any item that may be referred to as an abutment 5 , X that sits adjacent to the foundation or in the workpath such as patios, decks, slabs, stoops, carports, A/C units, shrubs, trees, etc. Such items are to be priced separately, under separate proposal. Note: Additional options, at added cost„ are available to the above: i.e., Footer drain X fields at exterior footing where such can be graded to daylight. Exterior poly- k k meric sheeting, Etc. PROPOSAL pertains to `T walled area(s) and 1 9 total linear footage. GUARANTEE AND WARRANTY: The wall area contracted shall be warranted for a period of Eighteen (18) months, FREE LABOR AND MATERIAL REPLACEMENT. The warranty also may be TRANSFERRED to subsequent purchaser, should be house or property be sold. This proposal shall be a part of, and incorporated as such, to a'Contractual Agreement upo property owner's approval to proceed with a Contract to commence with the actual service. If you have not already done so... You must contacrour CUSTOMER OFFICE OR YOUR ESTIMATOR to proceed with service. 2)v, Wo-777-62?'2-- 4/4. Representative Telephone Number Date SEE ILLUSTRATION INFORMATION (REVERSE SIDE) U? W IL SHERIFF'S RETURN - REGULAR CASE NO: 2008-05672 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERMELIA MARY HOSFELT ROGER VS SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOSFELT ROGER DEFENDANT the at 1942:00 HOURS, on the 30th day of September, 2008 at 112 BIG POND RD SHIPPENSBURG, PA 17257 by handing to ROXANNE HOSFELT WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.00 Postage .59 Surcharge 10.00 00 Ir?1da?eQ L?,,? 43.59 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/01/2008 MARY PERMELI c By: n , r1 DeptYSheri of , A. D. MARY PERMELIA IN THE COURT OF COMMON PLEAS 123 Three Turns Road CUMBERLAND COUNTY, PENNSYLVANIA Biglerville, PA 17307 Plaintiff V. : NO. 08-05672 ROGER HOSFELT 112 Big Pond Road Civil Action - Law Shippensburg, PA 17257 Jury Trial Demanded Defendant NOTICE TO PLEAD TO: Mary Permelia c/o Nichole M. Walters, Esquire The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 You are hereby notified to plead to the enclosed New Matter with Answer within twenty (20) days from service hereof, or a default judgment may be entered against you. SAIDIS, FLOW`&j-INQXAY Date: October 2008 By: Robe C. S idis, squire Supreme Court ID #21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAMIS, F OMTRR & LWDSAY 26 West High Street Carlisle, PA MARY PERMELIA IN THE COURT OF COMMON PLEAS 123 Three Turns Road CUMBERLAND COUNTY, PENNSYLVANIA Biglerville, PA 17307 Plaintiff V. : NO. 08-05672 ROGER HOSFELT 112 Big Pond Road Civil Action - Law Shippensburg, PA 17257 Jury Trial Demanded Defendant ANSWER WITH NEW MATTER AND NOW comes the Defendant, ROGER HOSFELT, by and through his attorneys, Saidis, Flower & Lindsay, and respectfully files this Answer with New Matter and thereof states the follows: ANSWER SAMIS, FNV & 26 West High Street Carlisle, PA 1. Admitted. 2. Admitted. 3. Admitted. By way of further response, Defendant agreed to perform work on the modular home as requested by Plaintiff on a time and materials basis. The work performed by Defendant was not solely for the construction of the basement. 4. Admitted. By way of further response, Defendant admits that construction of the premises occurred in the fall of 2006. 5. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 6. Denied. It is specifically denied that Defendant represented to Plaintiff that she would have no leaks. 7. Admitted. 8. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 9. Denied. Defendant completed the work pursuant to the Plaintiff's instruction on a time and materials basis. 10. Admitted in part and denied in part. It is admitted that Defendant charged Plaintiff for work completed pursuant to Plaintiff's instructions. It is specifically denied that the work was for the attempted repairs of the basement. 11. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 12. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 13. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 14. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 15. Admitted in part and denied in part. It is admitted that Plaintiff contacted SAIDIS, FLOWER & LIlVDSAY 26 West High Street Carlisle, PA Defendant by telephone in February 2008. It is specifically denied that Defendant asserted that he refused to make any more repairs. By way of further response, Defendant asserted that he completed all of the work that he was asked to perform and did not want to enter into any further oral agreements with Plaintiff until she paid him for services already rendered. 16. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 17. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 18. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further response, Defendant installed a sump pump at the Plaintiff's request. 19. No response is required. Exhibit B speaks for itself. 20. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. Count I - Breach of Contract 21. Defendant incorporates by reference its answers to paragraphs 1 - 20. 22. Denied. This averment is a conclusion of law to which no responsive pleading is required. 23. Denied. This averment is a conclusion of law to which no responsive pleading is required. 24. Denied. This averment is a conclusion of law to which no responsive pleading is required. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 25. Denied. It is specifically denied that Defendant failed to repair or remedy any defects with his work on the premises. By way of further response, Defendant completed all work pursuant to specifications. Defendant refused to enter into any further oral agreements with Plaintiff after he completed all work requested by Plaintiff. 26. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 27. Denied. This averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, the Defendant, Roger Hosfelt, respectfully requests this Honorable Court to enter a judgment in his favor and against Plaintiff in this matter, together with costs and such other and further relief as this Court deems just and proper. Count II - Breach of Merchantability and Habitability 28. Defendant incorporates by reference its answers to paragraphs 1 - 27. 29. Denied. This averment is a conclusion of law to which no responsive pleading is required. 30. Denied. This averment is a conclusion of law to which no responsive pleading is required. 31. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further response, Defendant completed all work that he orally agreed to on the SAMIS, FLOWER & ,LiND--SAYS 26 West High Street Carlisle, PA premises in accordance with construction specifications. 32. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 33. Denied. It is specifically denied that Defendant never adequately cured any defects and deficiencies from his work. By way of further response, Defendant performed all work in accordance with construction specifications. 34. Denied. This averment is a conclusion of law to which no responsive pleading is required. 35. Denied. This averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, the Defendant, Roger Hosfelt, respectfully requests this Honorable Court to enter a judgment in his favor and against Plaintiff in this matter, together with costs and such other and further relief as this Court deems just and proper. Count III - Violation of Unfair Trade Practice and Consumer Protection Law 36. Defendant incorporates by reference its answers to paragraphs 1 - 35. 37. Denied. This averment is a conclusion of law to which no responsive pleading is required. By way of further response, the Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL") §201-2, speaks for itself. 38. Denied. This averment is a conclusion of law to which no responsive pleading is required. By way of further response, the UTPCPL §201-2 speaks for itself. SAID11S, FLOWER & LENDS" 26 West High Street Carlisle, PA 39. Denied. This averment is a conclusion of law to which no responsive pleading is required. By way of further response, the UTPCPL §§201-9.2 et seq. speaks for itself. 40. Admitted in part and denied in part. It is admitted that Plaintiff made an oral agreement with Defendant to perform work on her basement pursuant to her instructions. It is specifically denied that Defendant performed his services for the sole purpose of constructing a basement. By way of further response, Defendant performed all work pursuant to the discretion and direction of Plaintiff. 41. Denied. It is specifically denied that Defendant made any representations, including but not limited to representing that the basement was of a particular standard, quality or grade to the Plaintiff. By way of further response, Defendant provided all services and materials in accordance with construction specifications and the instructions of Plaintiff. 42. Denied. This averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, the Defendant, Roger Hosfelt, respectfully requests this Honorable Court to enter a judgment in his favor and against Plaintiff in this matter, together with costs and such other and further relief as this Court deems just and proper. NEW MATTER 43. The Answers in paragraphs 1 through 42 are incorporated by reference as if fully set forth herein. 44. Plaintiff's deceased husband requested that Defendant remove the basement wall bracings. SAMIS, FLOWER & L 4DSM 26 West High Street Carlisle, PA 45. Defendant explained to Plaintiff and her deceased husband the dangers of removing the basement wall bracings. These dangers included, but not limited to, that hairline cracks may develop in the basement walls and that moisture spots may appear. 46. Defendant recommended to Plaintiff and her deceased husband that the basement wall bracings should not be removed. 47. Despite Defendant's recommendations, Plaintiff's deceased husband requested that Defendant remove the basement wall bracings. 48. Pursuant to these instructions, Defendant removed the wall bracings. 49. As a result of removing the basement wall bracings, hairline cracks and moisture spots appeared. 50. Any flooding that may have occurred would have been the direct result of the instructions to remove the basement wall bracings. 51. The Commonwealth Code Inspection Service, Inc. ("CCIS") is a Pennsylvania Closed Corporation with its main office located at 170 Doe Run Road, Manheim, Pennsylvania 17545. 52. CCIS provides services to municipalities that includes, but not limited to Building Code Enforcement, Zoning Code Enforcement, and Property Maintenance Code Enforcement. 53. Pursuant to Section 403.65(b) of the Pennsylvania Uniform Construction Code, 34 Pa.Code. § 403.65(b), "a building code official shall issue a certificate of occupancy after receipt of a final inspection report that indicates compliance with the Uniform Construction Code within 5 business days." SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 54. After Defendant completed his work on Plaintiff's premises, CCIS inspected Plaintiff's premises. 55. After CCIS inspected Plaintiff's premises, CCIS issued Plaintiff a Certificate of Occupancy. WHEREFORE, the Defendant, Roger Hosfelt, respectfully requests this Honorable Court to enter a judgment in his favor and against Plaintiff in this matter, together with costs and such other and further relief as this Court deems just and proper. Respectfully Submitted, SAIDIS, FLOWERS INDSAY SAIDIS, FLOWER & LIlVDSAY 26 West High Street Carlisle, PA By: Robert/C. Saidis, Esquire Supreme Court ID# 21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I verify that the statements made in the foregoing Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATED: Rog osfelt, Defendant SAWIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I, ?"?1 ?? ?,` S 1 ' C r6,1 , do hereby certify that I have served a true and correct copy of the foregoing Answer with New Matter upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below. SAIDIS, FLOWER & LINDSAY Attorneys for Defendant By: RECIPIENT(S): Nichole M. Walters, Esquire The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University Carlisle, PA 17013 (Attorney for Plaintiff) SAIDIS, FLOWER & L gDSM 26 West High Street Carlisle, PA C"Y ? d c,.. -n C= CD C.0 I Y 1 4? ?• 7 co '? Nichole M. Walters, Esquire Attorney I.D. No. 84478 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER 43. Plaintiff incorporates her averments contained in paragraphs 1 through 42 of Plaintiff's Complaint as if fully set forth herein. 44. Denied. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 45. Denied. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that Defendant explained to Plaintiff's deceased husband the dangers of removing the basement wall bracings. However, it is specifically denied that Defendant explained to Plaintiff the dangers of removing the basement wall bracings. 46. Denied. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that Defendant recommended to Plaintiff s deceased husband that the basement wall bracings not be removed. However, it is specifically denied that Defendant recommended to Plaintiff that the basement wall bracings not be removed. 47. Denied. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 48. Admitted in part and denied in part. It is admitted that Defendant removed the wall bracings. However, after a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to why Defendant removed the wall bracings. 49. Denied. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 50. Denied. It is specifically denied that the flooding of Plaintiff's basement was a direct result of the alleged instructions to remove the basement wall bracings. By way of further response, the wall bracings were still in place at the time the flooding began in February 2007. The flooding of Plaintiff s basement was remedied by the installation of drains and a sump pump by Mid-Atlantic, which had no relation to the lack of wall bracings. 51. Admitted in part and denied in part. It is admitted that Commonwealth Code Inspection Service, Inc. ("CCIS") is a Pennsylvania Closed Corporation. However, Defendant's Answer incorrectly stated CCIS's main office address. The correct address is 176 Doe Run Road, Manheim, Pennsylvania 17545. 52. Admitted. 2 53. This averment is a conclusion of law to which no responsive pleading is required. By way of further response, Section 403.65(b) of the Pennsylvania Uniform Construction Code, 34 Pa. Code § 403.65(b), speaks for itself. 54. Denied. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 55. Denied. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. Respectfully submitted, ?)'I/1 ?,c )ti Ot?w Nichole M. Walters The Elder Law and Consumer Protection Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 3 Verification of Plaintiff The undersigned hereby verifies that the facts set forth in the foregoing Complaint which are within the personal knowledge of the Plaintiff are true, and as to facts based on the information of others, the Plaintiff, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unworn falsification to authorities). $ oY Date / 0 Signature: ary Permelia 4 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Andrea Miller, Certified Legal Intern, certify that I served the foregoing Plaintiffs Response to Defendant's New Matter, by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Robert C. Saidis, Esq. Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Dater 3 By: 1I Andrea Miller Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 a MARY PERMELIA IN THE COURT OF COMMON PLEAS 123 Three Turns Road CUMBERLAND COUNTY, PENNSYLVANIA Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant NO. 08-05672 Civil Action - Law Jury Trial Demanded PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert C. Saidis, counsel for the defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $12,537.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Robert C. Saidis, Esquire Nichole M. Walters, Esquire WHEREFORE, your petition prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. SAIDIS, L ND AY ATIOWNEYS•AT uw 26 West High Street Carlisle, PA Respectfully Submitted, SAIDIS, FLQWER & INDSAY Atto'n s f r Defendant By: Robert C.- Saidis, Esquire Supreme Court ID# 21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 CERTIFICATE OF SERVICE I, Jason E. Kelso, do hereby certify that I have served a true and correct copy of the foregoing Petition for Appointment of Arbitrators upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below. SAIDIS, FLOWER & LINDSAY Attorneys for Defendant Date: 1z/z1'/of BY: RECIPIENT(S): Nichole M. Walters, Esquire The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University Carlisle, PA 17013 (Attorney for Plaintiff) SAIDIS, UND AY nnotuv?svuw 26 West High Street Carlisle, PA r.' C J (? vl oe C' P. J. SAIDIS, F ONVER & LINDSAY 26 West High Street Carlisle, PA MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff v. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05672 Civil Action - Law Jury Trial Demanded ORDER OF COURT AND NOW, j0,PPjj>xtW ?r 200oe, in consideration of the foregoing petition, QC!/?dr Esquire, Esquire, and Z, Esquire, are appointed arbitrators in the above-captioned action as prayed for. By t rt, cr% ce) t? l 1 i + ?^ e? O c ? w 1? c r , 4 r Nichole M. Walters, Esquire Attorney I.D. No. 84478 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded NOTICE OF INTENT TO OFFER DOCUMENTARY EVIDENCE PURSUANT TO RULE 1305 To: Roger Hosfelt Plaintiff, Mary Permelia, intends to offer the documents attached hereto at the arbitration hearing, in the manner provided by Pennsylvania Rule of Civil Procedure 1305. The following documents are attached: A. Evidence of charges and payments for the work done on the basement, septic tank and landscaping, as completed by Defendant: 1. Statement from Defendant dated. February 27, 2007; W,004 ? Ctwgla of 1.a0% Per mordh (98%) Arn VA be Mvh4 Tills proposal may be APP%d to d Amoa*s over 3D Days Pact Due. wkhdmwn by us if not &=epded tuffidn Up AUCa ?,.t J X. MARY A'PERMEUA :-- OD-295 ERNEST R- PERREUX s*?s 14 123 THREE TURN-RD. BIGLERVILLE, PA 17307 r DA7 PAY TO THE ORDER.,: Anar& i I JW&Bai* MEMO >403 130 2 9551: r iw DOLLARS 8 MaaSehe 98 4 3 L L8 2 3 411'0 4 3 .1-0004327750,1' n n? a r ? ? z 3 +w ?. +.. T-Jr G.s z ?a a J? ? _ryC ? Uy t 0 UT MW 3 ± all ='3 OSM1.13 cm a :v In= r ?'7y? I ?'U7 z 4 "?L n r t, - n .p` erl ? WC \- F 1 v? d rot ?4P f T I AGREEMENT 1/08 MID-ATLANTIC SYSTEMS OF CPA, INC. Visit our websire 52 Gr ombaeher Road #A-3, York, PA 17406 www.basements com (717) 767-9770 * (717) 767-9880 fax * (800) 777-6292 n This Ague en into this _ day of 120 ?, between Mid-Atlantic Systems of CPA, Inc. and: Name(s) e , !A Phone (h) r)S32- 3 Phone (w) Phone (c) Address 2 HRff URrtS City l--O/u a County k"fio state Zip City County I State 1' Zip Job Site 14 it The "Agreement" consists of this Agreement. the Terms and Conditions on the reverse of this Agreement and any Addenda attached to this Agreement. In this Agreement, Mid-Atlantic Systems of CPA, Inc. will be referred to as "Contractor" and you will be referred to as "You" or "Owner." You and Contractor, intending to be legally bound, agree as follows: TERMS OF THIS AGREEMENT S v C S c° T A a x oe v z Contractor agrees to furnish all materials, labor and equipment necessary to remove and/or redirect water getting into the premises of Owner identified as the Job Site above ("Premises'), "as more fully described below and in any Addenda to this Agreement (the "Work'). Approximate Start Date 3 V46 Approximate Completion Date 3'3a *Any delay caused by events beyond the control of the Contractor shall not constitute abandonment and shall not be included in calculating time frames for payment or performance. MID-ATLANTIC IS INSURED AGAINST GENERAL/PUBLIC LIABILITY AND TO THE FULLEST EXTENT REQUIRED BY LAW FOR WORKER'S COMPENSATION. METHOD OF PAYMENT: (Please check one) A. (X) Unpaid balance cash on completion B. (' ) Unpaid balance to be financed by a third party 1. Price of Work (including taxes) $ 1 2. Other charges A. Engineering fees $ 0 B. Permits $_1L_ C. Dumping fees $ t) D. Other fees $ 0 3. Total price 3 Deposit $ 0©'_ Balance to be paid on completion $ 7''" Contractor's liability to Owner or others shall not exceed, under any circumstances, the amounts paid to Contractor by Owner antler the Agreement. READ THE ADDITIONAL TERMS ON THE BACK OF THIS AGREEMENT BEFORE SIGNING. THE TERMS AND CONDITIONS ON THE BACK OF THIS AGREEMENT ARE PART OF YOUR AGREEMENT WITH THE CONTRACTOR AND ARE BINDING ON YOU. The Owner acknowledges receipt of a copy of this Agreement. Owner by its signature below represents. and warrants that all of the persons signing this Agreement are the legal, beneficial and rightful owners of the Premises, that no other persons or entities have any interest in th'e'Premises and that Owner is authorized to enter into this Agreement. AREA OWNER REQUESTS TO BE SERVICED )0 Where applicable, customer has been advised of a four wall below grade problem I+//JJ k 1c' X ?? Front Wall(s) k It Left Wall(s) Id Rear Wall(s) v' 10 Right Wall(s) Front of BuRdiog/House Filled Area Indicates Contracted Wall(s) Total Footage under Warranty L& Ft. WARRANTY AND CERTIFICATION Service and warranties apply to wall and floor area and footage described above and on attached Service Warranty. 1!? F.H.A./V.A certification issued on completed work upon request. 6 warranty transferable rights apply to this Agreement. DESCRIPTION OF WORK TO BE PERFORMED l$ Mid-Atlantic's Hydro-Tra' (lower wall service) lk Mid-Atlantic's sub-floor pressure relief system (4" ad.s. flexible core perforated piping) ? Monolithic Hydro-Trac System' 13 Base Cove Channel IH Mida 610 SS"' Heavy duty submersible pump system (s) (Limited to a material warranty of (7) years) #_7_bsL0_ Emergency Power Outage Protection ? Mida 620EB"" Battery backup pump(s) #_ (Limited to a material warranty of (1) year) Customer accepts dedinj As to any equipment provided as of the Work, Owner shall be entitled to the benefit of any and all manufacturer's warranties actually received by Contractor for the equipment. Mida Convection Ports, I@ Mida-Aire"" Or Midalizerm 10 Mida Scent"" Other AUDM (: A I ? t l ( I- T ,)F> RAC T?J ?DfB,?!3, 1/il5'TdCC SPf??11 DP.J?>>J • See attached ADDENDUM, should the following apply: ? Exterior ? Structural ? Coatings ? Other ? Mida Wall"" ? Rough Casting ? Vapor Bright ? Mida Fiber Forces" ? Fennell Ledge ?AII other aspects of the Work are warranted for one (1) year from completion. YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF:THE THIRD BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. r The parties h execyt s grcement on the day and year first set forth above. v IGNATURE DATE SALES N'S S , TTURE HOMEOWNER' T S'll4 lC??? SALESPERSON'S NAME (Print) HOMEOWNER'S SIGNATURE DATE TERMS AND CONDITIONS 5. Owner shall disclose to Contractor, prior wax or sewage disposal system oil or get ieasgnaMe precautions not to damage any i execution this At. For the purpo caustic or waste sugreemen. Owner nor re em all hazardous subenrras,Mn 6. Owner shall putt free access to all work areas for workers, equipment and vehicles and shall prow de areas for storage of materials and aryl and shall make all walls arty floors bare as ruby Contractor in connection with the Work. Owner shall make all areas acaasibk rto Ca uractor as required by Contractor. =agrees to keep driveways clear and available o movement and parking of trucks during performance of the Work. Owner shall be responsible to replace all items that ate moved to comply with this paragraph. 7. Contractor assumes no responsibility whatsoever for any damage to the interior or exterior of any house, or building or for damage to contents claimed to be caused or actually wed by water seepage. Notwithstanding my?u?If in this agreement to the contrary, to the extent Owner has paaetmg, tile. carpeting. wall covering, floor covering, or other masxial that needs to be removed. Ownner understands tint those materials may became damaged and may not be able to be replaced, or when replaced may not match the remaining material. Owner understands and accepts that risk Contractor shall have no responsibility in that regard. 8. Contractor shall not be liable (for any reason, whether under this Agreement or otherwise) and Owner shall hold Contractor harmless for any loss, cost, expense or damage suffered by Owner or any other. pawtn. incl ding, without limitation. cast, expense, loss or damage relating to destroyed or damaged driveways, patios, decks, sidewalks, sheds, stnhcnurs, shrubbery, trey and grata of Owner or others. 9. Oweer agrees the Contractor is nor respansibk for stnrcnhrnl problems relating to the Pranises and la nor responsible rn repair any stntctural pmblams as part of the Work should the problems be uncovered during oerfonratce of the Wak Problems refined to in this paragraph would include deficiencies which existed in tlte'uhital amsWCtion of the foumrgation, cerditioes nor rcprasenative of a sound foratdatim, poor a no facings hidden deficiencies recovered as a rcsuk of a secad slab tbor overlay, sub qualhty materiala used'for the foundation a floor, a slab cap over a dirt floor, aumbkd floor slab, sthb-factor slab, sub-floor shpQage err extxssive aaiom and uadertnimiing. 10. If the Work includes the installation of equipment (such as a submersible/sump pump), which requires electricity, Owner shall, at Owner's expense, make arrangements to supply adequate electrical power. 11. Contractor may cancel this Agreement upon opening of the flea if conditions exist that would prevent the Work from proceeding as originally intended by Contractor. Owner agrees to hold the Contractor Harmless for damages which may result from cancellation of this Agreement and Contractor will return the floor to as close to its original condition as possible after cancellation. - 12. Owner individually and any and all persons co-signing this Agreement as Owner arc and shall be severally and jointly obligated and liable under this Agreement which means any individual Owner may be responsible for the entire amount of the Agreement. 13. Contractor may terminate this Agreement immediately upon notice, whether written or oral, to Owner, for any of the following reasons: Owner's failure to make payment in accordance with this Agreement-, Owner's other breach of this Agreement, Contractor's discovery of lack of creditworthiness of Owner: Owner's misrepresentation to Contractor, and for any of the other reasons set forth in this Agreement. 14. Owner represents to Contractor that Owner owns the Premises, that there are no other persons with an interest in the Premises and Owner is authorized to enter into this Agreement After the date of this Agreement until payment of the Taal Price, Owner will not sell, mortgage (except to Contractor if required) assignor otherwise place new liens or encumbrances on the Premises. 1 S.All payments due to Contractor under this A ment are due at the time the Work is performed: Amounts past due over 30 days shall be charged a 144 % law fee per month. Owner agrees that in the event suit is brought against Owner for the collection of amounts due under this Agreement, Owner shall pay Contractor's coot costs and all attorneys' fees, and Contractor shelf be entill d to collect prejudgment interest on the amount owed at the maximum rate permitted by applicable law. 16. Contractor shall have the right to sell, assign or transfer this Agreement. 17. Except as expressly provided in the Agreement and as required bylaw, Owner shall have no right to renal this Agreement. If the Owner refuses to allow Contractor to begin or finish the Wok orotberwise fats to fulfill Owner's obligations under this Agreement. Contractor shall be entitled to of the Total Price, but Contractor agrees that if the Work her in fact not begun at the time of cancellation, Contractor will accept thirty percent (3096) of the Taal Price as 1' uidatM a. In the event that Contnactoratops the Woxk erne to the preyaroe of conditions not disclosed by Owner. Contractor shall be entitled at its option: to cease the Work. cancel this Agreement and retain the down payment as liquidated damages: or seek ppyme nt for the Work performed if the value of the Work performed exceeds the down payment 18. Owner acknowledges Una no onnise or statement except those set forth in the Agreement have been made f Cahtractor or it's agents to induce Owner to exec= this Agr eeir . No modifications of, or additions to, this Agreemetu shall be valid or binding upon Contractor, unless expressly set firth in writing and signed by Conwaer. No waiver is effective udkss in writing and signed by Contractor. No modifications of, or additions to, this Agreement shall be valid or binding upon Contactor, unless expressly set forth in writing and signed by Contractor. 19. The exclusive remedy of Owner under this Agreement in the case of any breach by the Contractor, is to have Contractor repair or replace the Work or related material as determined in the sole discretion of the Contractor. 20. All notices or other communications permitted or required to be given in writintlunder this Agreement shall be delivered personally or sent by certified mail, return receipt required and directed to the address of Contractor or Owner shown on the reverse side. Notice cur 1 be deemed to have been given three (3) days after the mailing of the notice or immediately ifdClivered Personally. 21. If an ision of this Agreement is determined by a court of comp xent'urisdiction to be unenforceable or invalid that provision shall be modified to the extent necessary to eliminate the invalidity or unenfonceability and any remaining une nforceability or invalidity shall have no effect on any of the other terms of this Agreement which shall remain in full fora and effect in accordance with its terms. 22. This Agreement is made and entered into in the Commonwealth of Pennsylvania and shall be in all respects governed by and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania and without regard to any conflict of law rules and without regard to any rules of construction or interpretation relating to which party prepared this Agreement. 23. Nothing in Nis Agreement is intended to, or shall limit or restrict the Contractor's rights or remedies against the Owner under the Pennsylvania Contractor and Subcontractor Payment Act. 73 P.S.li 501.11T1, elseq. "Awry and Contractor's rights and remedies under this grament are in addition to Contractor's rights and remedies under the Act. The remedies p)ovided in this Agreement in favor of or opal default of owner shall not be deemed to be exclusive but shalt be cumulative and in addition to all other remedies in Contactor s favor existing at law or in equity. Contractor may exercise any or all remedies, whether or not expressed, successively or concurrently, and any action by Contractor shall not operate to release Owner until the full amount of all sums due and to become doe under this Agreement have been paid. 24. This Agreement is intended to oxomply with the Pennsylvania Plain language Consumes Contract Act. Act. 73 P.S.¢ 2201, a seq. Owner agrees the this Agreement is written, ized and designed so that n is easy to read and understand. Owns has read this Aggrraeertrrnneeintt and urnrleratamhds the Agrranent ad Owner has been ghwen the o{gfortthnity W ask erases ohs of Contractor. Based on Owner s review tlnis Agreement Owner believes the Contrecwr has used a reasonable and good faith effort to write this Agreement so that a is esetly and understood. Owner has had an a ro have the Agreennant reviewed by en aagrney of Owner's ehooaing and has either done se or has wittingly and vohrntarily mat to engage an attorney. The three (3 day right of cancellation provided by Pennsylvania law and described on the attached Notice of Cancellation small provide Owner with as state opportunity to have the Agreernant rcvtewed by sn attorney. Owners Initials Contractors Acceptance Date 2. The Work constitutes the only service, materials or equh to be provided by Contractor under this Agreement. Any additional services, material or eaqquipment ("Additional Wodtry will not bepo vkkd without the prior consent of Owner as shell be paid fa by Owner. Owner understands that due to the non-visible nature of the cause of waxer seepage or leakage and related Protrtenu, Additional Work may be recommended. 3. Contractor reserves the right to determine, at it's sole discretion, the methods. materials, tools, design and any other aspect of the Work to be performed by Contractor, including, installing mechanical reinforced spacers rather than concrete spears, installing any system above or below the floor in order to preclude water intrusion, clanging materials orequip ant to be used, and terminating any amp pump discharge line at the splash block or any other area Contractor deems best. 4. Contractor shall be relieved of any or?rbigty under this Agreement in the event of any circumstances beyond Contractor's control, including labor difficulties fur, casualty or kortage of fuel labor or materials, gowanmaual acts or restrictions. conditions the were nor disebecd to Contractorby Owncgroocur accidents, civil disorder, transportation d"=.Z1 or exist in etas that were not acacsible tme of inspection by Contractor, sets of God, weather conditions, hidden or preexisting damage, seepage or Imlrage, damage caused by others, floods, and backing up of sewer systems. Owner will not interfere or delay the Work once commenced. for any reason. 26.This Agreement is not effective until accepted by an authorized representative of Contractor at Contractor's home office. If not accepted, Owner will be notified in writing of non- acceptance and any cash used for down payment will be returned to the Owner within ten (10) days of non-acceptance. Activation Code: JIM MID-ATLANTIC SYSTEMS OF CPA, INC. Knit our Website at www.basements.com 52 Grumbaeher Rd. #A-3, York, PA 17406 / (717) 767-9770 * (717) 767-9880 fax * (800) 777-6292 Date Issued: '7 _ O? Owner: 4UA nn - PA Premised: 23 REE (/tL?iS KD. V/Ul A 17 Mid-Atlantic Systems of CPA, Inc. ("Mid-Atlantic" or "Contractor") provides this Service Warranty ("Warranty") for labor and materials related to the area contracted against water seeping in from the lower wall cove (where wall meets floor), the floor area as described below, and where a pressure relief system has been installed ("Work"). Customer recognizes that the Service Warranty is not valid until all monies due to Mid-Atlantic are paid in full. Described Areas (one must be checked): All four (4) walls (total perimeter) - Warranty includes total perimeter of floor and total middle floor area. ? 1 - 2 - 3 Walls - Warranty includes immediate floor area within 3 feet of wall as specified on contract. ? Stone/Brick/Terra Cotta Foundations - Mid- Atlantic shall be responsible to service the seepage through the lower wall/floor system and not for seepage through wall(s) or wall mortar/joints. Length of Warranty: ? One (1) Year ? Five (5) Years 19 Entire period in which owner holds title to the Property. Limited Warranty: Described Equipment: Submersible Pump(s) warranty for free pump replacement ? 90 Days ? One (1) Year ? Three (3) Years ? Five (5) Years ,10 Seven (7) Years Battery Backup Pump(s) warranty for free pump replacement ? 90 days ? One (1) Year Notice: Submersible pump equipment is powered by electrical power and must always be plugged in to a power source. Pump warranties are for the replacement of the pump only. Labor warranty is good for one year. MIdAT SYSTEMS OF CPA, INC. THIS SERVICE AGREEMENT IS TRANSFERABLE By_? lL.??b AUTHORIZM SIGNATURE SEJfVICE WMJUA 7 TRANSFER Upon endgrsement by holder and the transmittal of this document to Mid-Atlantic, this Warranty is transferable and assignable one time to parties as yet unnamed for the duration of the original stated Warranty in accordance with the terms and conditions specified herein, provided that the new owners meet all terms and conditions of the agreement accompanying this Warranty. To be effective, this Service Warranty Transfer must be notarized and sent to Mid-Atlantic's office within 30 days of transfer of title. I do hereby request transfer and re-registration of this Service Warranty to: FEE Name Address Holder's Name (Print) City, State, Zip Holder's Signature (Home phone) (Work phone) (Mobile phone) Date NOTARY , SERWCE POLICY L The conditions and the construction materials of the foundation walls and floor may, at times, require additional repair and/or reinforcement from the inside. In this event, it will be Owner's obligation to provide access to the walls and floors by removing stored materials, paneling, or other obstructions. This will only be required when Contractor deems it necessary in order to service the problem. Owner recognizes that this Warranty is for labor and materials of system only and does not include wall or floor coverings and personal items in basement. IL Contractor is not responsible for chafing, condensation, sweating, porous or filled block or defective mortar around block, and in that event the Contractor may recommend the application of exterior coatings to the walls or foundation, which would be at additional cost to Owner. Should Owner decide to pursue this additional work, the service for exterior excavation and the application of impermeable sealants or the application of interior sealants, coatings or rough coatings shall be at Owner's additional cost. III. Contractor is not responsible for dampness or water entering the Premises through above soil levels, surface runoff water, flooding, water entering windows, doors, floor, stairways, chimneys, conduit pipes, bomb shelter ceilings, or subsoil ceilings, or blockage caused by tree roots. IV. if seepage occurs in the areas covered by this Warranty, Owner shall first determine whether the sump pump is functioning. If the sump pump is functioning, Owner should call Contractor immediately. If Contractor deems it necessary, Contractor will dispatch a service representative to the Premises to determine if additional service is required. If additional service is required, Contractor will perform such services as soon as practicable sunder the circumstances. V. Contractor warrants cement work as to proper mix and workmanship, but does not guarantee cement against cracking, dusting, peeling, chafing, settling, or any other conditions. VL The Work, inspections, and service will be performed during normal working hours. If the problem does not arise from an area covered by the Work, then Contractor may charge the Owner a minimum fee of $89.00 plus additional fees. VII. Contractor shall leave the area where the Work or service is performed in a "broom clean" condition. Nevertheless, some dust and general disruption may remain after the Work or service is completed. Owner should cover all items in the areas adjacent to where the Work or service is to be performed with a dust proof tarp or other similar covering and take similar steps to keep dust and residue from entering other parts of the Premises including, turning off blowers to heater and air conditioning systems and covering doorways and openings with dust proof tarps. Under no circumstances is Contractor responsible for the removal or cleaning of dust and residue or the damage resulting from any dust or residue. VIII. Owner shall immediately notify Contractor of any breach by Contractor of failure of the Work or service to conform to the terms of the Agreement. Contractor shall have the right to re-enter the Premises to inspect the Premises and shall be given a reasonable opportunity to cure any problems with the Work or service. IX. Contractor is not undertaking any Work on the exterior of the Premises except as expressly set forth in this Agreement. Therefore, the agreed upon total price in the Agreement does not include rerouting, replacement or cleaning of gutters, downspouts, vents, pipes, ducts, wiring conduits, or the removal or replacement of shrubbery, abutments or other obstructions. Contractor's only responsibility with regard to any exterior work would be to perform rough grading, and Contractor does not guarantee the survival of grass, removed plantings, trees or shrubbery when exterior work is performed. X. Should any alteration be made to the Work by anyone other than Contractor without the express written permission of Contractor or should Owner breach the agreement entered into by Contractor and Owner for the Work ("Agreement'l, all warranties provided under the Agreement are deemed null and void and Contractor shall beMlieved of any obligation to make any service calls. M lrtitial rev 1/08 MID-ATLANTIC WATERPROOFING Name 1 Phone 7n 3Z- 763 Rhone Address 2 u,?,u: n. City Jiaaltlp State A Zap1I-PI Job Site City State Zip PROPOSAL: FOUNDATION / WATERPROOFING / WATER MANAGEMENT SERVICE(S) ( ) Commercial () Realty ( ) Residential QVTERIOR W ll( N b ATION PBR ST T/C Q,) a s) um er Footage ?- )Floor .(*4 Pump(s) N !dL yr. 30 - 60 .90 1 - ()Window WI, ell ( ) Stair Well () Fueplace EXTERIOR STRUCTURAL ( ) Parrlueting ( ) Wall Pits ( ) Drain Shield () Angk Irons ( ) Footer D/r ()Corner Brax ( ) Sub-Soil Sys. () Footer Underpin ( ) Post Hole ( ) Jack Post ( ) Bracing () Lateral Stitch ( ) I-Beam () () Removell eplace )ky Sasemept LsR (19 PHANA Cartiflate Warranty L f F f 06 Transferable nIS111 / (Z? ?7 Vii? 0o?o4l.MrrJi •T?+LS ANfa?li ?ccw,e Y LepreT t,) Pill This p shall be a part of, and incorporated as such, to a Contractual Agmment upon prop" ownees approval to proceed with a Contract to commence with the actual service. If you have not already done so... You must contact our CUSTOMER OFFICE OR YOUR ESTIMATOR to proceed with service. ?`lu /7`kk U,?S TOTAL investment for the above described services: $ &.5-86,V4, I , 9 Estimate good for 30 days AW Representative Telephone Number p15? Date Oei}MY - MN Admde YeMm Cap - CwMr ?/?IS7Arc ?U4r / fSSUR? ?fl??G StiS7cM fflG+/?G u! jb QX 0K0/Q, Wkgp PRO&fAlA0 Ak 02'12 ICOR Wf714 Paa, 2140 PONIV /14,s>4KZ ARDY IS ROW 1,( *ts. -r -t N7`(t /vt 1? ? l ?L:2 k/jt4S J M((7124[.!z?E /tee l) /??voM ('CrA? /?(t I,Ak?!lN 4(I17`9 ?L4,4?15, rC. MID-ATLANTIC SYSTEMS OF CPA, INC. t/a Mid- Atlantic Waterproofing 9 1 i "1, 52 Grumbacher Road • Suite A-3 • York, PA 17402 Visit our Websim (717) 767-9770 • (800) 777-6292 • (717) 767-9880 Fax w bwemexuxum Name AA1' &N404 Phone 17n)02-9763 E-mail Address -7,-Ax£ l uQ"t . City ¢Rul[?t• State 4 Job Site city zip /7307 State ' Zip I PROPOSAL: FOUNDATION WATERPROOFING / WATER MANAGEMENT SERVICE(S) EXTERIOR EXCAVATION AND REPARGET WALL SERVICE: Excavate around basement exterior to a depth approximately eight (8) inches below footer-wall cove and of sufficient width to allow access for pargeting and wall treatment. Remove all loose material, foreign matter, etc., from face of walls and that which exist on top of footing. Clean out all existing cracks that exist in original pargeting. Prep and seal cracks with non-shrink grout. All loose pargeting is to be removed from foundation wall and where such exist, the exposed area is sealed with first base pargeting. Treat exposed and below grade areas, that require repargeting, and any other areas where proper bonding is questionable, with a masonry bonding agent, applied to manufacturer's instruction. Apply a double coat (min. 1/2") of waterproof cement pargeting from four (4") inches above grade, down to an out onto footing, forming a cove at junction of wall and footing. Parget foundation above grade as may be required to provide a sound surface, to match existing, ready to receive paint. Apply a troweled on coat of bituminous waterproofing (min. 1/8") over the below grade cement pargeting, out onto footing. Cover same area with six (6) mil polyethylene, properly lapped and sealed. Prior to backfill, call for inspection of the above. Backfill and hand tamp is six (6") inch layers. Apply two (2) coats exterior masonry paint to all foundation walls exposed above grade. THE ABOVE SPECS CONFORM TO HUD VA AND A SSP?E(MIICATION TOTAL INVESTMENT for the above described services: $ -(, 'l- /11 ?` Note: The above described services and the cost for such DOES NOT include the removal or replacement cost for any item that may be referred to as an abutment 5 X X_ k ><' that sits adjacent to the foundation or in the workpath such as patios, decks, slabs, stoops, carports, A/C units, shrubs, trees, etc. Such items are to be priced k separately, under separate proposal. Note: Additional options, at added cost, are available to the above: i.e., Footer drain fields at exterior footing where such can be graded to daylight. Exterior poly- meric sheeting, Etc. k 5, 7 -7-x 1 PROPOSAL pertains to 4 walled area(s) and total linear footage. GUARANTEE AND WARRANTY: The wall area contracted shalt be warranted for a period of Eighteen (18) months, FREE LABOR AND MATERIAL. REPLACEMENT. The warranty also may be TRANSFERRED to subsequent purchaser, should be house or property be sold. This 111 l shall be a part of, and incorporated as such, to a Contractual Agreement upon property owner's approval to proceed with a Contract to commence with the acwal service. If you have not already done so... You must contact our CUSTOMER OFFICE OR YOUR ESTIMATOR to proceed with service. r ? ! 777-6292- Representative 2 d Representative Telephone Number Date SEE QLLUSTRATION INFORMATION (REVERSE SIDE) BASEMENT FIELD REPORT DATE LAST NAME zip 17,407 Hm PHONE Wk PHONE E-MAIL wsIomr MALE PnOBUM AREAS ar F&AdmOon? Pressum Poor Masonry UtUng Floor Thee Fungus PC / ST / w / TC Sandy Mortar Blistered Paint Dry Rot durmV was Rust MUSTY 7 rte. poe?e?+ eoae? _ Horizontal Budd?g Insect IrM9ltradon Cc" I Cable Warped Paneling r+rs yomanworaet Vv> Grade Problem ,,MILDEW why do sn ctto ? i t1 T_ Y COlrrrrl Leaks Seam Infiltration Verfital Ylhli Cracks No Parging Outside Casks prof e o MOLD rr Stages Dm 1 1, no 4KW Cllirrr" Window Wells ng e 1 w.c ,elite midoam Stairway oor n,?ee" S wxellartrage 19 CB Exposure Footer Orrd rmirred Budded Wall 4 1r Vs 1 0, ?T!Ua AC .4tR. wt r4kl7 t IT P IS\ R u 2b -lip ftTL, ;'?CG? fNt? Cpl ?? eA_ it I have had a complete inspection from the interior and the exterior and have been advised as bD what ( ) Pneented e ( ) Needs Servloe 4C? ?•roomr s.?woe _kw Wall service Floor Service Sublmersible Pump(s) Bafty Back Up(s) T Stfuct ral See'AUKhed worrafty TOTAL arfMWrt»el T : Prolfesslonal corrective services am avai m to render our basement dry, and strudwaily sound. Mid-Atisntlc Hlmdap has my pa?rron do me at ?1?? 532-9763 up my ?, -fblow Owner babe Owner 77 Deibe ALL NOMEOWNLIRS NM DE PRISEw TO COMPLETE THE Tmm Field Inspector Kkk4d ft Wabrprool6i? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Andrea Miller, Certified Legal Intern, certify that I served the foregoing Notice of Intent to Offer Documentary Evidence Pursuant to Rule 1305, by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Jason E. Kelso, Esq. Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Date: 'S ' D g By: Andrea Miller Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 G ? ? ;? ` ? rE ?? ? ° Vic, r ..? ?- r.,=? . =rr ?-?- r ? E.t7 C..ri ,,yj.-,C?Ki l?'IrGtt? Nlzf?l2(( Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. e - C-5&7a Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with 'ty. tore a Signs 9166 C a la r P_ Ad rzu)5 'S;? B J?2Tlr ?i ?' ccc Y Nank (Chairman) Name Name I41drZkAP5 ? T04 W13719 -1 Johns f"" LAvJ 019iCf- ,r ?V-Wrjo e?&:, Law Firm n Law Firm Law Firm 7L 0, S go, e)ou ! D P.O.5pr 5 t(= Address Address Address -a- r - Pl? t W,3- kenNfi-( , PR 00Y3 R4 00'sS City, zip City, zip city, Zap lO l ll lAwar/ CR io 9 a z We, the undersigned arbitrators, having been duly appointed and sworn (or affumed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: 3 -27 -07 Date of Award: Notice of Entry Now, the f? day of 20DQ , at-9; !d9 , ? M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ .350. ©o By: Prothonotary Deputy . ArbiWor. dissents. (Insert name if anulicable. V -r+ f' i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mary Permelia Vs Plaintiff File No. 08-05672 Roger Hostelt Defendant Civil Term NOTICE OF APPEAL s?? FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOT Y Y. Notice is given that Defendant appeals from the award of tFie` `z board of arbitrators entered in this case on March 27, 2009 A jury trial is demanded . (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (2) application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) CS 'Ile ppellant or Attorney of Appellant Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. t 1 l"YA.f? peeve ( Plaintiff ?cr:P r 14cs-F?d? Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. Og - C L5&7o? Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with'fiAelity. /I-) S?f a r P. .44 new-S Nank (Chairman) Law Firm 7L 4,?, S Address r (S P DIL 7d?3 City, Zip 1 a e Name ? - Jo htis Gn ' Wi e Law Firm R o. ejy log Address City, zip signs Name ` Law Firm Address ALe- /-s y cs a. Vw N inns s City, Zap Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: 3-Z7 - 0q Date of Award: I -z?7 Notice of Entry Now, the day of 20ag , at -9,0 BLS , ? M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators compensation to be paid upon appeal: $ .350, 640 r - Wr h, - NO + Vr6 six No a 0. iftsth, P& By: r- I Prothonotary V,, . motor, discs. (Insert name if applicable.) r ,,r OF D 7ARY 2069 APR 23 ii I I * 31 ?"O. cac Pa fin'/ C,C.?`'ca?581Ei OTt c?'!44 08 - 5(o1A CERTIFICATE OF SERVICE I, do hereby certify that I have served a true and correct copy of the foregoing Notice of Appeal upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below. SAIDIS, FLOWER & LINDSAY Attorneys for Defendant By: ,G RECIPIENT(S): Nichole M. Walters, Esquire The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University Carlisle, PA 17013 (Attorney for Plaintiff) SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA OF THE PROTHIC-?PTAPY 2099 APR 23 PM 2: 31 PEN MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05672 Civil Action - Law Jury Trial Demanded PRAECIPE TO DISCONTINUE PURSUANT TO Pa.R.C.P.1310 TO THE PROTHONOTARY: Please discontinue the appeal from the arbitration award in the above-captioned matter. SAIDIS, FLOWER & LINDSAY ATMRNM-AT•uw 26 West High Street Carlisle, PA Pursuant to Pa.R.C.P. 1310, the written consent of Plaintiff, Mary Permelia, is attached. SA/10 Date Respectfully submitted, SAIDIS, FL ER & LINDSAY By: on E. Kelso, Esquire Attorney I.D. 209107 Attorney for Defendant 26 West High Street rv r Carlisle, PA 17013 = -+ (717) 243-6222 n, -? Fn C`'n,' W MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05672 Civil Action - Law Jury Trial Demanded CONSENT TO DISCONTINUANCE OF APPEAL PURSUANT TO Pa.R.C.P. 1310 Mark W. Allshouse, counsel for Mary Permelia, hereby consents to Defendant Roger Hosfelt's Praecipe to Discontinue pursuant to Pa.R.C.P. 1310. Respectfully submitted, Date: By: 7r6-14 W Mark W. Allshouse, Esq. Supreme Court ID #78014 Matthew Noumoff The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 VERIFICATION I verify that the statements made in the foregoing instrument are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED : r Hosfelt SAMIS, FLOWER & LINDSAY AT'MWIMY'-AT uw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this day of 2010, I hereby certify that I served a true and correct copy of the foregoing Defendant's Praecipe to Discontinue Pursuant to Pa. R.C.P.1310 upon all parties of record via United States Mail, postage prepaid, addressed as follows: Mark W. Allshouse, Esq. Matthew Noumoff The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY 1?? By: Meson E. Kelso, Esq. /Supreme Court ID #209107 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, L IlVDSAY nvsaruw 26 West High Street Carlisle, PA 1 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05672 Civil Action - Law Jury Trial Demanded PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: cn ? '1? t -1 i. N i •-r7 rri Kindly withdraw my appearance on behalf of the Defendant, Roger Hosfelt, in the above-captioned matter. Respectfully Submitted, SAID/I WER & LINDSAY Dated:! l on E. Kelso, Esquire Attorney Id. 209107 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, ROGER HOSFELT, in the above-captioned matter. Respectfully Submitted, Dated: fl'? rha Ro elt CERTIFICATE OF SERVICE On this 26th day of May, 2010, I hereby certify that I served a true and correct copy of the foregoing Praecipe to Withdraw Appearance and Praecipe for Entry of Appearance to Pa. R.C.P. 1310 upon all parties of record via United States Mail, postage prepaid, addressed as follows: Mark W. Allshouse, Esq. The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY By: Jason B. Kelso, Esq. Supreme Court ID #209107 26 West High Street Carlisle, PA 17013 717-243-6222 1 d s 1 Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff nR!LM-W CE 17 2010 1124 PM T 34 (.. liNrirY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law MOTION TO COMPEL DISCOVERY REQUESTS Plaintiff, by its undersigned counsel, moves this court for an order, pursuant to Pa. R. Civ. P. 4019, to compel defendant to respond to interrogatories in aid of execution and in support thereof avers the following: 1. An Arbitration Award for plaintiff against defendant was entered in the above mentioned matter for the sum of $14, 217 on March 27, 2009. (A true and correct copy of the award is attached hereto as Exhibit A.) 2. Plaintiff served interrogatories in aid of execution upon defendant, via first class mail to defendant's attorney on April 20, 2010. (A true and correct copy of said document is attached hereto as Exhibit B.) M . 0 I 3. Pursuant to Pa. R. Civ. P. 4006(a)(2), defendant's responses to the interrogatories in aid of execution were due within twenty days after they had been served. 4. Plaintiff granted defendant an extension of the deadline to respond by letter dated May 18, 2010, until May 28, 2010, but no response has been received as of the date of filing hereof. (A true and correct copy of that letter is attached hereto as Exhibit C.) 5. Defendant's attorney withdrew his appearance on May 25, 2010. (A true and correct copy of said withdraw is attached hereto as Exhibit D.) 6. Plaintiff served interrogatories in aid of execution upon defendant directly, via first class mail on June 8, 2010. (A true and correct copy of the cover letter therefore is attached hereto as Exhibit E.) 7. Defendant was given ten days to respond to the interrogatories in aid of execution after they had been served. 8. Defendant has had nearly 60 days after original service to defendant's counsel of record to respond but has failed to do so. 9. Plaintiff requests an order pursuant to Pa. R. Civ. P. 401 (a)(1)(i), compelling defendant to answer the interrogatories in aid of execution within ten days of entry of said order. I WHEREFORE, plaintiff respectfully requests the court to approve the proposed order annexed hereto. Date: k W. Allshouse, squire e Elder Law and onsumer Protection Clinic e Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff 1 EXHIBIT A Iola f• P.?c ?ue.??? Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. D9 - Civil Action - Law. Oath We do solemnly swear (or aT=) that we will support,' obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with 'ty. P, signs n a ?d r P. Ad r&05 -S1 B IC?TI to -to 4 NaIde (Chaianan) Name Name i4ldr4w; ' -Tc'k Law Firm THnse-n M4 i,e Law Firm 7L lo, PrJ s R O. 60Y log Address Address DA- E rS P iW3 ?Pntmp? P44 MY3 Ci% zip Ci% zip t. AVJ.t)picE ;P Ja?r!? ?+w Law Firm Q•o.S?Y 51? Address Cc.?a? acs a.? Pr4 ??S?i city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or .afrfirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing:-3-Z7-0? Date of Award: !?-tea -0 f Notice of Entry Jim. Now, the day of 200 Q , at 3,,1y` ?-.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. r Arbitrators' compensation to be paid upon appeal: $ 350. ate: ??- ? ?; ea, i two. ti 5L MJVAA - By - r Prothonotary • i?or, dismts. (Insert name if applicable: EXHIBIT B The Law April 20, 2010 Mr. Jason Kelso, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Elder Law and Consumer Protection Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University Re: Interrogatories in Aid of Execution Dear Mr. Kelso: The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013 Office: 717-240-5152 Fax: 717-241-3596 As we discussed, please find enclosed my client's Interrogatories in Aid of Execution. Pursuant to Pennsylvania Rules of Civil Procedure Rule 3144, you have twenty (20) days to provide an answer. If you have any questions, comments or concerns, please contact me at the Elder Law Clinic at (717) 240-5152. Sincerely, Matthew J. iournoff Certified Legal Intern ark W. Allshous , Esquire Supervising Attorney MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05672 Civil Action - Law Jury Trial Demanded Interroeatories to Defendant in Aid of Execution To Roger Hosfelt (Garnishee): Date: April 20, 2010 The Plaintiff is seeking to collect on the Arbitration Award Judgment which it has secured against you in this case and needs information about your assets. You are required under Pa. R.C.P. Nos. 3117, 3144, and 4006 to provide answers under oath or verification to the following Interrogatories within twenty days after their service upon you to Mark W. Allshouse, Esquire, 45 North Pitt Street, Carlisle, Pennsylvania, 17013. 1. Definitions and Instructions 1. "Documents" is used in its broadest sense and means the original, or, if unavailable, a complete copy, and each copy which is non-identical because of marginal notations, revisions or otherwise, of any medium, upon which anything is recorded or from which anything can be recorded to include, without limitation, the following: letters, correspondence, memorandum, notes, reports, records, pictures, recordings, diaries, calendars, papers, date sheets, bills, contracts, computer printouts, information in computers, inter-office and intra-office communications, logs, drawings, graphs and charts. 2. "Machine" means any item with an electrical and/or gasoline motor that has a manufactured suggested retail price of $100 or greater. 3. "Person" means any natural person, corporation, partnership, association, or other entity. 4. "You" mean Roger Hosfelt. 5. "Identify," when used in reference to a communication, means to set forth: a. The identification of the person by whom, and each person, to whom, each such communication was made and all persons present at the time; b. The date and time the communication was made; c. The place at which it was made; d. The means by which it was made (e.g. telephone, electronic transmission, facsimilie, letter, or in person);. and e. The substance of the communication 5. "Identity" or "Identification," when used in reference to a person, means to set forth the person's: a. Full name; b. Present or last known home address and telephone number; c. Present or last known business address and telephone number; d. Present or last known employer or affiliation e. Title, rank or position at time of involvement with you; and f. For persons other than natural persons the name and address of each I officer and general manager. 6• "Identify," when used in reference to documents, means to set f a- orth; The Personal nature notesof); the documents (ex. letter, memorandum, contract, b. The date thereof; C. The identif cation of each author, addressee d• The title of the document and short description of its subject matter; e' `may file number, id entifying mark, or code of the document; and f. The location of the document by address, city and state, and the identificat;... ,.r.,_ . ?• The plural include the singular and vice versa. masculine includes feminine, and vice versa. 9• The conjunctive includes the disjunctive and vice versa. R Interrogat_?S 1 • Identify all person answering these interrogatories on behalf of the Defendant for each person, state their relationship to the Defendant. 2• State the current address and telephone nwnber for th e Defendant. 3. Is the Defendant jointly or individually associated in a business or professional partnership or joint venture? If so, identi : a. The name of the partnership and/or joint venture b. The members of the Partnership and/or joint venture; c• The nature of the business of the ' Partnership and/or joust venture d. The Percentage of Defendant's interest; e. The estimated value of the Defendant's interest; and f Defendant's average gross and net annual coin. and compensation 4. Does the Defendant own any interest in any real estate in this state or elsewhere either individually or jointly with another individual or entity? If so, as to each such interest state: a. The full address and location of the real estate; b. The market value of the real estate; C. The name and extent of the Defendant's interest in the real estate, includingjoint, reversionary, remainder, leasehold, contingent or beneficial interest; d. The date the Defendant acquired its interest; and e. If there are any mortgages on such real estate, state as to each mortgage the outstanding obligation of the mortgage. 5. Has the Defendant or anyone on behalf of the Defendant conveyed or transferred any interest in any real estate to anyone within the last tvvo If so, as to each such interest explain: Years a• The property interest that was conveyed and/or transferred b• when the interest was conveyed and/or transferred; and ' c. To whom the interest was conveyed and/or transferred 6• Does the Defendant hold a mortgage on any other security interest or I any real estate? If so, explain by providing as to each such property: a. The address of the property, and b• The nature and amount of the security interest 7• Does the Defendant own a motor vehicle or any in ' terest in a motor vehicle either individually or jointly with another person or en each vehicle:t3'? If so, state as to a. The make, model, year, color, current mileage, and v identification number vehicle (V'N) of the vehicle; b' The name that appears on the registration or title certificate; and c• The balance due on any outstanding purchase money security interest in the motor vehicle. 8. Does the Defendant own a construction vehicle and/or construction machine or any interest in a construction vehicle and/or construction machine, either individually or jointly with another person or entity? If so, state as to each vehicle: a. The make, model, year, current market Price; b. The name that aPPears on the registration or title certificate; and c• The balance due on any outstanding Purchase money security interest in the motor vehicle and/or machine. 9. Does the Defendant own or have any interest in any marketable securities? If so, identify each security, and produce copies of account statements or other evidence of title to the securities. 10, Does the Defendant own or maintain any savings or checking accounts certificates of deposit, money market accounts, mutual fund accounts, either individually or jointly with another individual or entity or in the name of any entity in which the Defendant has any ownership interest or other involvement? If so, for each account state: a. In whose name are they owned? b. Where are they located? c. Account number(s). d. Copies of account statements, 11. Does the Defendant have any interest in any patent, copyright or trademark or any patentable invention or copYrightable material? If so, as to each inter explain by describing the: interest a. Nature of the intellectual property interest owned; and b. The amount of income derived therefrom. 12. Does the Defendant have any uncollected debts, accounts monies that are due to the Defendant either jointly or individually? If so, for each please explain; a. From whom and for how much; and b. For what type of debt. 13. Are there any unsatisfied judgments of a record in favor of the Defendant in any action or have any judgments been assigned to the Defendant? If so, for each please explain: a. The court where the judgment was obtained and when; and b. The amount of the judgment. 14. Does the Defendant hold any security interest in or lien on personal property? If so, as to each such security interest or lien, state; a. The description of the personal property, including the identity of present owner; b. The nature and amount of the security interest or line, including the identification of any court action involved; and c. The date when Defendant(s) acquired the security interest or lien. 15. Does the Defendant have any right, interest, financial advantage or prospect therefore under any contract, insurance or other claim, cause of action or pending lawsuit in the courts of this or any other state or in the federal courts? If so explain. 16. Is the Defendant the beneficiary of any trust? If so, explain by providing; a. A copy of the trust; b. Description of the property held by or income produced from the trust; and c. The extent of the Defendant's interest in the trust. 17. Has the Defendant received any money, or interest in real or personal property under any will or inheritance, or have you been notified of any interest in any decedent's estate since 2000? If so, for each state the following; a. Name of the deceased; b. Date of death; and c. Where the will is being probated. 18. Does the Defendant own or have an interest in any other assets not already disclosed? If so, please identify the same and the current location of each. 19. Has the Defendant sold, assigned, given or traded any tangible or intangible Personal property or interest in personal property with a value of $100 or more to anyone within the last two years? If so, explain 20. Is the Defendant owed any federal, state or local tax refund? If so, identify each taxing authority, the period for which taxes are due to you and the exact or estimate the amount of the refund. Provide copies of tax returns for tax years 2008 and 2009. 2 1 . Has the Defendant assigned any interest it has in any contracts to another individual or entity within the last two years? If so, for each contract assigned, identify: a. Nature of the contract; '. Individual or entity to whom the contract was assigned; c. The date when the contract was assigned; d. All Parties to the contract; and e. Provide a copy of each contract assigned. 22. Does the Defendant currently have any executor contracts? If so, for each contract, identify: a. Nature of the contract; b. Anticipated completion date and/or termination date of the contract; c. All parties to the contract; and d. Provide a copy of each contract. 23. Is the Defendant currently providing goods to or performing services for any third party? If so, for each third party, state: a. Nature of the job; b. The exact location of the job; c. The name of the third party; d. The potential amount the Defendant will receive for the job; and e. The date the Defendant anticipates receipt. 24. List all goods and services the Defendant anticipates rfo Pe rnung for an Ply, including without limitation, all goods not yet provided and all serve not yet services performed. 25. State the exact location of all materials, furniture, fixtures and equipment used by the Defendant or used in the business of any successor in interest to the Defendant. Date: Q Respectfully submitted, By: W. Allshouse, upreme Court ID # 014 4 Matthew Noumoff The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 r MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-05672 Civil Action - Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Matthew J. Noumoff, Certified Legal Intern, certify that I served the foregoing Interrogatories in Aid of Execution, by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Mr. Jason Kelso, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Date: ip/W4?,17 By _?"j govM& Matthew J. No ff 17 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 EXHIBIT C May 18, 2010 Mr. Jason Kelso, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Re: Extension to Answer Interrogatories in Aid of Execution Dear Mr. Kelso: My name is Hannah R. Suhr and I will be taking over the case for Matthew J. Noumoff, who has graduated. All future correspondence may be directed to me at 717-240-5152. In response to your letter dated May 10, 2010, requesting a two (2) week extension of time to complete the Interrogatories in Aid of Execution, I am granting that extension. The extension is granted until Friday, May 28, 2010. In granting this extension, I expect that the answers to all the interrogatories will be complete and verified by your client. If you have any questions, comments or concerns, please contact me at the Elder Law Clinic at (717) 240-5152. Sincerely, Hannah R. Suhr Mark W. Allshouse, Esquire Law Student Supervising Attorney EXHIBIT D LAW OFFICES StiIDIS, FLOWER & LINDS11..' f r A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 JAMES D. FLOWER, JR. EMAIL: attorney@sfl-law.com CAROL J. LINDSAY www.sfl-law.com JOHN B. LAMPI DANIEL L. SULLIVAN DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS JASON E. KELSO May 27, 2010 Mark Allshouse, Esquire The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 Re: Permelia v. Hosfelt Dear Mark: CAMP HILL OFFICE 2109 MARKET STREET TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Enclosed please find a Praecipe to withdraw my appearance. Please direct all further communications to Mr. Hosfelt directly. If you have any questions, please do not hesitate to contact me Very truly yours, SAID & LINDSAY ason E. Kelso, Esquire JEK/pm Enclosure MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant NO. 08-05672 Civil Action - Law Jury Trial Demanded PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: .U: r C z rJ r? i~v Kindly withdraw my appearance on behalf of the Defendant, Roger Hosfeh, in the above-captioned matter. Respectfully Submitted, 7.onE. WER & LINDSAY Dated:, Esquire Aorney Id. 209107 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, ROGER HOSFELT, in the above-captioned matter. Respectfully Submitted, Dated: ?l Z 1?(Ia Ro elt CERTIFICATE OF SERVICE On this 26th day of May, 2010, I hereby certify that I served a true and correct copy of the foregoing Praecipe to Withdraw Appearance and Praecipe for Entry of Appearance to Pa. R.C.P. 1310 upon all parties of record via United States Mail, postage prepaid, addressed as follows: Mark W. Allshouse, Esq. The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY By: Jason E. re.iso, Esq. Supreme Court ID #209107 26 West High Street Carlisle, PA 17013 717-243-6222 1 EXHIBIT E June 8, 2010 Mr. Roger Hosfelt 112 Big Pond Road Shippensburg, Pa 17257 Re: Interrogatories in Aid of Execution Dear Mr. Hosfelt: My name is Hannah Suhr and I am the student who is handling Ms. Permelia's case for the Elder Law and Consumer Protection clinic. As you are aware an Arbitration Award was granted on March 27, 2009 in the amount of $14,217.00. You were given 15 days from March 23, 2010 to notify when payment could be expected, or to establish a payment plan. As such notification was not received; Interrogatories in Aid of Execution were mailed to your attorney, Jason Kelso, on April 20, 2010. Pursuant to Pennsylvania Rules of Civil Procedure Rule 3144 you were given 20 days to provide answers to these interrogatories. On your behalf, Mr. Kelso requested an extension of the May 10, 2010 deadline which we granted until May 28, 2010. Enclosed please fine my client's Interrogatories in Aid of Execution. In light of Mr. Kelso's withdraw as your attorney on May 26, 2010, please respond to these interrogatories within ten (10) days. If you have any questions, comments or concerns, please contact me at the Elder Law Clinic at (717) 240-5152. Sincerely, Hannah R. Suhr Certified Legal Intern Enclosure: Interrogatories in Aid of Execution Mark W. Allshouse, Esquire Supervising Attorney ? ab.UA U1 ?/ R :, T IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, Certified Legal Intern, certify that I served the foregoing Notice of Intent to Offer Documentary Evidence Pursuant to Rule 1305, by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date:_ U.112'.10 BY: annah R. Su hr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 MARY PERMELIA PLAINTIFF 123 Three Turns Road Biglerville, PA 17307 V. ROGER HOSFELT DEFEDANT 112 Big Pond Road Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' n o NO. 08-5672 CIVIL ORDER OF COURT AND NOW, this 28th day of June, 2010, upon consideration of the Plaintiff's Motion to Compel Discovery Requests IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before July 23, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. M. L. Ebert, Jr., ,' Mark W. Allshouse, Esquire Attorney for Plaintiff Elder Law Clinic .i Roger Hosfelt, Defendant bas 0 [ DES /'Y?? lC? 4?s c? By the Court, Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street 1.1 2010 j*;? 20, U Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law MOTION REQUESTING RULE BE MADE ABSOLUTE Plaintiff, Mary Permelia, by and through her undersigned counsel, respectfully moves this Court to issue an order making the Rule to Show Case issued by this Court on June 28, 2010 absolute. In support thereof Plaintiff avers the following: 1. Plaintiff filed a Motion to Compel Discovery Requests on June 24, 2010 requesting the Court grant an Order requiring Defendant respond to the Interrogatories in Aid of Execution. 2. In consideration of Plaintiff's June 24, 2010 Motion, this Court issued a Rule to Show Cause on June 28, 2010, returnable on or before July 23, 2010. (A true and correct copy of the Court's June 28, 2010 Order issuing the rule is attached hereto as Exhibit A). 3. As of the date of filing of this document, Defendant has failed to return the Rule, or otherwise respond to the June 28, 2010 Order. 4. Defendant has failed to respond to, comply with, or otherwise acknowledge any attempt by Plaintiff to collect the arbitration award, including the Order dated June 29, 2010 issued by this Court. WHEREFORE, plaintiff respectfully requests the Court issue the attached Order making the rule absolute. - 7 , I?Aolie Date: ark W. Allshouse, uire The Elder Law and onsumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff 1 r IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, certify that on , 2009, I served the foregoing document by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date: Z By: Hannah R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 h nn ^ 20 0 ,1? 2 7 PM12,. 57 July 21, 2010 RE: MARY PERMELIA V. ROGER HOSFELT NO. 08-5672 CIVIL N AU Q Dear Judge Ebert Jr. I am writing this letter in reference to Civil Court No. 08-5672. I received an order Of Court from you to answer Discovery Request. Today I sent my answers to Mary Pernelia's Lawyer. The job in question was completely inspected by the State(Common- wealth Code Inspection Services) and was approved according to their standards and up to code. They even issued the Cettifieate of Occupancy. After that, Schaff's Home Center came in and plopped their double- wide down on top of my foundation. I don't believe I am fully at fault for all cracks or leaks that may have occured at this property. Pressure or shifting could possibly have caused this. You may check court records and with the Better Business Bureau and find that in over 20 years of building homes, I have never had a case such as this against me. But, this is the first time someone else has put their home on top of my work. Sinc ly, Ro er Ho elt,Defendant 0 MARY PERMELIA PLAINTIFF 123 Three Tums Road Bigierville, PA 17307 V. ROGER HOSFELT DEFEDANT 112 Big Pond Road Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5672 CIVIL ORDER OF COURT AND NOW, this 281' day of June, 2010, upon consideration of the Plaintiff's Motion to Compel Discovery Requests IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before July 23, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. Mark W. Aiishouse, Esquire Attorney for Plaintiff Elder Law Clinic Roger Hosfelt, Defendant M. L. Ebert, Jr., bas By the Court, . I X. I Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff v. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant JUL '-" 12010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I No. 08-05672 C0 c- r-- Civil Action- Law , ORDER AND NOW, this 27 day of ?_, 2010, upon consideration of plaintiff s motion requesting rule be made absolute and after receiving no response to the Rule to Show Cause issued by this Court on June 28, 2010, it is hereby ORDERED that Plaintiff's motion is GRANTED. Defendant shall make full and complete answers to the interrogatories within ten (10) days of the date of this order or appropriate sanctions will be imposed upon defendant following application to the court. co I-as rn-al U rn . ?tcs?u-?. ?% - \t ?'6 M. L. Ebei , Jr., J. t?1110 4 F ti Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff 2010L 26 1"? •:7 K"'- - l y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law MOTION REQUESTING RULE BE MADE ABSOLUTE Plaintiff, Mary Permelia, by and through her undersigned counsel, respectfully moves this Court to issue an order making the Rule to Show Case issued by this Court on June 28, 2010 absolute. In support thereof Plaintiff avers the following: Plaintiff filed a Motion to Compel Discovery Requests on June 24, 2010 requesting the Court grant an Order requiring Defendant respond to the Interrogatories in Aid of Execution. 2. In consideration of Plaintiff's June 24, 2010 Motion, this Court issued a Rule to Show Cause on June 28, 2010, returnable on or before July 23, 2010. (A true and correct copy of the Court's June 28, 2010 Order issuing the rule is attached hereto as Exhibit A). 3. As of the date of filing of this document, Defendant has failed to return the Rule, or otherwise respond to the June 28, 2010 Order. 4. Defendant has failed to respond to, comply with, or otherwise acknowledge any attempt by Plaintiff to collect the arbitration award, including the Order dated June 29, 2010 issued by this Court. WHEREFORE, plaintiff respectfully requests the Court issue the attached Order making the rule absolute. Date: 1 fi B ark W. Allshouse, quire The Elder Law and onsumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff i • . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, certify that on , 2009, I served the foregoing document by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date:_ By: alzl" Hannah R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 MARY PERMELIA PLAINTIFF 123 Three Turns Road Biglerville, PA 17307 V. ROGER HOSFELT DEFEDANT 112 Big Pond Road Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5672 CIVIL ORDER OF COURT 0 C: rv c ? r N ) 0 Gry AND NOW, this 28'' day of June, 2010, upon consideration of the Plaintiff's Motion to Compel Discovery Requests IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before July 23, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. , Mark W. Allshouse, Esquire Attorney for Plaintiff Elder Law Clinic . - Roger Hosfelt, Defendant bas By the Court, M. L. Ebert, Jr., J. b Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff Fit 1 puG la ?? !a : ?o CU?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law MOTION TO COMPEL COMPLETE ANSWERS TO INTERROGATORIES IN AID OF EXECUTION Plaintiff, Mary Permelia, by and through her undersigned counsel, respectfully moves this Court to issue an order requiring Defendant respond to the Interrogatories in Aid of Execution in a complete and accurate manner. In support thereof Plaintiff avers the following: 1. Plaintiff filed a Motion Requesting Rule be Made Absolute on July 26, 2010 requesting the Court grant an Order requiring Defendant respond to the Interrogatories in Aid of Execution. (A true and correct copy of the Plaintiff's Motion is attached hereto as Exhibit A). 2. In consideration of Plaintiff's July 26, 2010 Motion, this Court issued an Order, requiring defendant respond to the interrogatories in aid of execution with full and complete answers within ten (10) days. (A true and correct copy of the Court's July 27, 2010 Order attached hereto as Exhibit B). 3. On July 26, 2010 Plaintiff received from defendant significantly limited and very incomplete responses to interrogatories in aid of execution. (A true and correct copy of Defendant's response is attached hereto as Exhibit Q. 4. Defendant has essentially asserted that he owns no property, has no financial assets, and anticipates no pending income. 5. Defendant has responded "no" to nineteen of the twenty-five interrogatories. 6. For interrogatory seven, Defendant claims to have no interest in any motor vehicle. 7. For interrogatory eight, Defendant claims to have no interest in any construction vehicle and/or machine, despite advertising and operating a construction company. 8. For interrogatory eighteen, Defendant claims to have no interest in any other assets not already disclosed. 9. For interrogatory nineteen, Defendant claims to have not sold, assigned, given or traded any tangible or intangible personal property or interest in personal property with a value of $100 or more within the last two years. This response infers Defendant has maintained, as implicated by his responses, a status of having no assets for at least two years. 10. Defendant has failed to fully and completely respond to some of the interrogatories. 11. For Interrogatory two, which requests Defendant's current address and telephone number, Defendant has only responded with his address. Defendant has failed to include a current telephone number. 12. For Interrogatory ten, Defendant has provided the location and account numbers for two accounts but has only provided the current balance for one of these accounts. Defendant has failed to state in whose name the accounts are held and provide copies of account statements, stating "Account statements are thrown out after I look at them." 13. Defendant has been on notice of a need to include an account statement since Plaintiff originally mailed the interrogatories in aid of execution on April 20, 2010, covering three (3) statement periods. 14. For interrogatory twenty-four, Defendant has responded "unknown" in regards to goods and services he anticipates performing for any third party. 15. Defendant has failed to respond to interrogatory twenty-five which asks for the exact location of all materials, furniture, fixtures and equipment used by the Defendant or used in the business of any successor in interest to the Defendant. 16. Plaintiff has reason to believe Defendant has provided false information in response to some of the interrogatories. Based on this belief, Plaintiff is inclined to believe Defendant has also not truthfully responded to other interrogatories. 17. For interrogatory three, Defendant claims to have no interest in any business, professional partnership or joint venture. Pennsylvania state public records show Defendant is listed as the owner of at least two businesses. 18. For interrogatory four, Defendant claims to have no interest in any real estate in this state or elsewhere. Cumberland County public records show Defendant to be the owner of at least one property. 19. Based on Defendant's inaccurate and incomplete responses, Plaintiff believes Defendant may have additional assets which he is hiding. 20. The undersigned believes Defendant is deliberately thwarting the judicial process in order to avoid plaintiff's right to collect legal judgment. 21. Plaintiff believes defendant to be intentionally failing to give truthful and accurate answers in an attempt to prolong collection and increase plaintiff s costs. WHEREFORE, plaintiff respectfully requests the Court issue the attached Order requiring Defendant respond to the Interrogatories in Aid of Execution in a complete and accurate manner subject to further sanctions for inaccurate responses. In the alternative, Plaintiff respectfully requests the Court Order that Defendant submit to oral deposition at Defendant's cost, which is necessary due to Defendant's continued failure to adequately respond to the interrogatories in aid of execution. Date: 100010 k W. Allshouse,Ysquire Elder Law and nsumer Protection Clinic Vne Dickinson School of Law e Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, certify that on August 10, 2009, I served the foregoing document by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date: g? to /I o By: RL ?in:2, Hannah R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 EXHIBIT A Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-05672 Civil Action- Law ORDER AND NOW, this day of , 2010, upon consideration of plaintiffs motion requesting rule be made absolute and after receiving no response to the Rule to Show Cause issued by this Court on June 28, 2010, it is hereby ORDERED that Plaintiff s motion is GRANTED. Defendant shall make full and complete answers to the interrogatories within ten (10) days of the date of this order or appropriate sanctions will be imposed upon defendant following application to the court. M. L. Ebert, Jr., J. Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff -., ,.. ` _ uu '?:: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law MOTION REQUESTING RULE BE MADE ABSOLUTE Plaintiff, Mary Permelia, by and through her undersigned counsel, respectfully moves this Court to issue an order making the Rule to Show Case issued by this Court on June 28, 2010 absolute. In support thereof Plaintiff avers the following: 1. Plaintiff filed a Motion to Compel Discovery Requests on June 24, 2010 requesting the Court grant an Order requiring Defendant respond to the Interrogatories in Aid of Execution. 2. In consideration of Plaintiffs June 24, 2010 Motion, this Court issued a Rule to Show Cause on June 28, 2010, returnable on or before July 23, 2010. (A true and correct copy of the Court's June 28, 2010 Order issuing the rule is attached hereto as Exhibit A). 3. As of the date of filing of this document, Defendant has failed to return the Rule, or otherwise respond to the June 28, 2010 Order. 4. Defendant has failed to respond to, comply with, or otherwise acknowledge any attempt by Plaintiff to collect the arbitration award, including the Order dated June 29, 2010 issued by this Court. WHEREFORE, plaintiff respectfully requests the Court issue the attached Order making the rule absolute. Date: Gark Wquire The Elder Law and onsumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, certify that on , 2009, I served the foregoing document by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date: By: Hannah R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 EXHIBIT B UUL L' 1-viv ft UL Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA IN THE COURT OF COMMON PLEAS 123 Three Turns Road CUMBERLAND COUNTY, Biglerville, PA 17307 PENNSYLVANIA Plaintiff V. ROGER HOSFELT No. 08-05672 112 Big Pond Rd. Shippensburg, PA 17257 Civil Action- Law Defendant ORDER AND NOW, this -.27 day of , 2010, upon consideration of plaintiff's motion requesting rule be made absolut*aannddr ceiving no re sponse to the Rule to Show Cause issued by this Court on June 28, 2eby ORDERED that Plaintiff s motion is GRANTED. Defendant shall make full and complete answers to the interrogatories within ten (10) days of the date of this order or appropriate sanctions will be imposed upon defendant following application to the court. VL. E ert, Jr., EXHIBIT C MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05672 Civil Action - Law Jury Trial Demanded Interrogatories to Defendant in Aid of Execution To Roger Hosfelt (Garnishee): Date: April 20, 2010 The Plaintiff is seeking to collect on the Arbitration Award Judgment which it has secured against you in this case and needs information about your assets. You are required under Pa. R.C.P. Nos. 3117, 3144, and 4006 to provide answers under oath or verification to the following Interrogatories within twenty days after their service upon you to Mark W. Allshouse, Esquire, 45 North Pitt Street, Carlisle, Pennsylvania, 17013. I. Definitions and Instructions 1. "Documents" is used in its broadest sense and means the original, or, if unavailable, a complete copy, and each copy which is non-identical because of marginal notations, revisions or otherwise, of any medium, upon which anything is recorded or from which anything can be recorded to include, without limitation, the following: letters, correspondence, memorandum, notes, reports, records, pictures, recordings, diaries, calendars, papers, date sheets, bills, contracts, computer printouts, information in I computers, inter-office and intra-office communications, logs, drawings, graphs and charts. 2. "Machine" means any item with an electrical and/or gasoline motor that has a manufactured suggested retail price of $100 or greater. 3. "Person" means any natural person, corporation, partnership, association, or other entity. 4. "You" mean Roger Hosfelt. 5. "Identify," when used in reference to a communication, means to set forth: a. The identification of the person by whom, and each person, to whom, each such communication was made and all persons present at the time; b. The date and time the communication was made; c. The place at which it was made; d. The means by which it was made (e.g. telephone, electronic transmission, facsimilie, letter, or in person);. and e. The substance of the communication 5. "Identity" or "Identification," when used in reference to a person, means to set forth the person's: a. Full name; b. Present or last known home address and telephone number; c. Present or last known business address and telephone number; d. Present or last known employer or affiliation e. Title, rank or position at time of involvement with you; and f. For persons other than natural persons the name and address of each ¦ officer and general manager. 6. "Identify," when used in reference to documents, means to set forth: a. The nature of the documents (ex. letter, memorandum, contract, personal notes); b. The date thereof; c. The identification of each author, addressee and recipient; d. The title of the document and short description of its subject matter; e. Any file number, identifying mark, or code of the document; and f. The location of the document by address, city and state, and the identification of the present custodian. 7. The plural include the singular, and vice versa. 8. Masculine includes feminine, and vice versa. 9. The conjunctive includes the disjunctive, and vice versa. II. Interrogatories 1. Identify all person answering these interrogatories on behalf of the Defendant for each person, state their relationship to the Defendant. ?f 2. State the current address and telephone number for the Defendant. iiz ?f 0Ila 1 3. Is the Defendant jointly or individually associated in a business or professional partnership or joint venture? If so, identify: a. The name of the partnership and/or joint venture b. The members of the partnership and/or joint venture; c. The nature of the business of the partnership and/or joint venture d. The percentage of Defendant's interest; e. The estimated value of the Defendant's interest; and f. Defendant's average gross and net annual compensation Ale 4. Does the Defendant own any interest in any real estate in this state or elsewhere either individually or jointly with another individual or entity? If so, as to each such interest state: a. The full address and location of the real estate; b. The market value of the real estate; c. The nature and extent of the Defendant's interest in the real estate, including joint, reversionary, remainder, leasehold, contingent or beneficial interest; d. The date the Defendant acquired its interest; and e. If there are any mortgages on such real estate, state as to each mortgage the outstanding obligation of the mortgage. tl? 5. Has the Defendant or anyone on behalf of the Defendant, conveyed or transferred any interest in any real estate to anyone within the last two years? If so, as to each such interest explain: a. The property interest that was conveyed and/or transferred; b. When the interest was conveyed and/or transferred; and c. To whom the interest was conveyed and/or transferred 6. Does the Defendant hold a mortgage on any other security interest or I any real estate? If so, explain by providing as to each such property: a. The address of the property; and b. The nature and amount of the security interest (VO 7. Does the Defendant own a motor vehicle or any interest in a motor vehicle either individually or jointly with another person or entity? If so, state as to each vehicle: a. The make, model, year, color, current mileage, and vehicle identification number (VIN) of the vehicle; b. The name that appears on the registration or title certificate; and c. The balance due on any outstanding purchase money security interest in the motor vehicle. N? 8. Does the Defendant own a construction vehicle and/or construction machine, or any interest in a construction vehicle and/or construction machine, either individually or jointly with another person or entity? If so, state as to each vehicle: a. The make, model, year, current market price; b. The name that appears on the registration or title certificate; and c. The balance due on any outstanding purchase money security interest in the motor vehicle and/or machine. lid 9. Does the Defendant own or have any interest in any marketable securities? If so, identify each security, and produce copies of account statements or other evidence of title to the securities. N° 10. Does the Defendant own or maintain any savings or checking accounts, certificates of deposit, money market accounts, mutual fund accounts, either individually or jointly with another individual or entity or in the name of any entity in which the Defendant has any ownership interest or other involvement? If so, for each account state: a. In whose name are they owned? b. Where are they located? c. Account number(s). d. Copies of account statements. 71 p3 /3 0 / X653 G/6?9? ?J2 70 z3, ?9 11. Does the Defendant have any interest in any patent, copyright or trademark or any patentable invention or copyrightable material? If so, as to each interest, explain by describing the: a. Nature of the intellectual property interest owned; and b. The amount of income derived therefrom. Nd 12. Does the Defendant have any uncollected debts, accounts receivable, or other monies that are due to the Defendant either jointly or individually? If so, for each please explain: a. From whom and for how much; and b. For what type of debt. ,tea 13. Are there any unsatisfied judgments of a record in favor of the Defendant in any action or have any judgments been assigned to the Defendant? If so, for each please explain: a. The court where the judgment was obtained and when; and b. The amount of the judgment. /11? 14. Does the Defendant hold any security interest in or lien on personal property? If so, as to each such security interest or lien, state: a. The description of the personal property, including the identity of present owner; b. The nature and amount of the security interest or line, including the identification of any court action involved; and c. The date when Defendant(s) acquired the security interest or lien. 15. Does the Defendant have any right, interest, financial advantage or prospect therefore under any contract, insurance or other claim, cause of action or pending lawsuit in the courts of this or any other state or in the federal courts? If so explain. ?'ld 16. Is the Defendant the beneficiary of any trust? If so, explain by providing: a. A copy of the trust; b. Description of the property held by or income produced from the trust; and c. The extent of the Defendant's interest in the trust. ,Jo 17. Has the Defendant received any money, or interest in real or personal property under any will or inheritance, or have you been notified of any interest in any decedent's estate since 2000? If so, for each state the following: a. Name of the deceased; b. Date of death; and c. Where the will is being probated. 18. Does the Defendant own or have an interest in any other assets not already disclosed? If so, please identify the same and the current location of each. N? 19. Has the Defendant sold, assigned, given or traded any tangible or intangible personal property or interest in personal property with a value of $100 or more to anyone within the last two years? If so, explain /V? 20. Is the Defendant owed any federal, state or local tax refund? If so, identify each taxing authority, the period for which taxes are due to you and the exact or estimate the amount of the refund. Provide copies of tax returns for tax years 2008 and 2009. /W ,G r4Z.oY A)e .fix ?P???2?? ?? Sys ??i? ?08? o? o f 21. Has the Defendant assigned any interest it has in any contracts to another individual or entity within the last two years? If so, for each contract assigned, identify: a. Nature of the contract; b. Individual or entity to whom the contract was assigned; c. The date when the contract was assigned; d. All parties to the contract; and e. Provide a copy of each contract assigned. //VV 22. Does the Defendant currently have any executor contracts? If so, for each contract, identify: a. Nature of the contract; b. Anticipated completion date and/or termination date of the contract; c. All parties to the contract; and d. Provide a copy of each contract. Ald 23. Is the Defendant currently providing goods to or performing services for any third party? If so, for each third party, state: a. Nature of the job; b. The exact location of the job; c. The name of the third party; d. The potential amount the Defendant will receive for the job; and e. The date the Defendant anticipates receipt. /0 .. 1, Y 24. List all goods and services the Defendant anticipates performing for any third party, including without limitation, all goods not yet provided and all services not yet performed. a , W ? 25. State the exact location of all materials, furniture, fixtures and equipment used by the Defendant or used in the business of any successor in interest to the Defendant. Respectfully submitted, Date: () By: W. Allshgurt e, qPk eme Co# 014 Matthew Noumoff The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-05672 Civil Action - Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Matthew J. Noumoff, Certified Legal Intern, certify that I served the foregoing Interrogatories in Aid of Execution, by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Date: P 14 - Mr. Jason Kelso, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 By: 0" Matthew J. Noum ff The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 AUG 11 Zola MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-05672 Civil Action- Law c-.? -. cE . RULE TO SHOW CAUSE AND NOW, this Aday of August, 2010, upon consideration of the foregoing Motion, it is hereby ordered that 1. A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; and 2. The defendant shall file an answer to the Motion within aQ days of service upon the defendant. HdnhA? ?lihr 120j-Lr 1g6s4cH ,BAG By The Court: k ",It U'0A ""' M. L. Ebert, Jr., J. MARY PERMELIA IN THE COURT OF COMMON PLEAS 123 Three Turns Road CUMBERLAND COUNTY, Biglerville, PA 17307 PENNSYLVANIA Plaintiff V. ROGER HOSFELT No. 08-05672 112 Big Pond Rd. = -='- Shippensburg, PA 17257 Civil Action- Law Defendant NOTICE OF DEPOSITION a - -, TO: Mr. Roger Hosfelt '"? 112 Big Pond Road Shippensburg, Pa 17257 PLEASE TAKE NOTICE that the undersigned will take the testimony on oral examination of the above-named before a Notary Public or other person authorized to administer oaths on November 24, 2010 at 1:30 PM, and thereafter from day to day as the taking of the deposition may be adjourned, at Elder Law and Consumer Protection Clinic, Dale F. Shughart Community Law Center, 45 North Pitt Street, Carlisle, PA 17013. You are hereby notified to appear and take part in this examination. The information to be inquired is relevant to the subject matter involved in this action, is not privileged. You are to bring with you the following: 1. Copies of any and all documents which show ownership for any and all businesses which you own an interest in. 2. Copies of any and all tax returns for 2008 and 2009 for any and all businesses which you own and interest in. 3. Copies of any and all deeds for any and all real property for which you have an ownership interest. 4. Copies of 2008 and 2009 tax assessments for any real property for which you have an ownership interest. Copies of any and all mortgages or obligations and/or proof of any obligation owed on any real property for which you have an ownership interest. 6. Any and all documents showing proof of a transfer of any real property for which you had an ownership interest, which was transferred within the past two years. 7. Any and all documents relating to any and all security interest or mortgages which you hold on any other real property. 8. Copies of any and all vehicle registrations of any and all vehicles for which you have an ownership interest. 9. Copies of account statements or other evidence of title for any and all marketable securities for which you have an ownership interest. 10. Copies of an account statement and proof of ownership for any and all savings accounts, checking accounts, certificates of deposit, money market accounts, or mutual funds for which you have an ownership interest. 11. Copies of proof of ownership and proof of income derived from any and all patents, copyrights, trademarks, patentable inventions or copyrightable material for which you have an ownership interest. 12. For any and all unsatisfied judgments for which you hold an ownership interest, provide a copy of the judgment. 13. For any and all trusts which you are listed as a beneficiary in any amount, please provide a copy of the trust and proof of your ownership interest. 14. Your personal 2008 and 2009 tax returns, whether filed individually or jointly with another person. The deposition will not violate any of the restrictions of the Pennsylvania Rules of Civil Procedure. Penn State Dickinson School of Law Elder Law and Consumer Protection Clinic Q, Douglas R. Roeder, Esquire Attorney I.D. No. 80016 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Dated: Fax: 717-241-3596 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, certify that on November 12, 2010, 2010,1 served the foregoing document by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date: Z / i a By: /2-- F?'- Hannah R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff FiLED-OFFICE OF THE P C?"HONO?'ARY 2010 DEC 14 PM G= 10 CUMBERLAND COUNIT ;.. PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law PLAINTIFF'S MOTION FOR A RULE TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT Plaintiff Mary Permelia, by and through her undersigned attorneys, respectfully moves this Honorable Court to issue a rule to show cause why Defendant Roger Hosfelt. should not be held in contempt of Court for failing to comply with the Notice of Deposition by failing to bring documents to the deposition scheduled for November 24, 2010 or after and additional ten (10) day grace period provided. Plaintiff further moves that the costs of the deposition be reimbursed to Plaintiff. In support of this motion Plaintiff avers the following: 1. An Arbitration Award for Plaintiff against Defendant was entered in the above mentioned matter for the sum of $14,217 on March 27, 2009. (A true and correct copy of the award is attached hereto as Exhibit A.) 2. Plaintiff served interrogatories in aid of execution upon Defendant, via first class mail to Defendant's attorney, Jason Kelso, Esquire, on April 20, 2010 and later granted Defendant's attorney's request for a deadline extension until May 28, 2010. (A true and convect copy of the original service of interrogatories in aid of execution is attached hereto as Exhibit B and a true and correct copy of the letter granting extension of the deadline is attached hereto as Exhibit C.) 3. Included in the interrogatories in aid of execution, was the request for documents supporting the responses to the Interrogatory questions. (See Exhibit B) 4. Defendant's attorney withdrew his appearance on May 25, 2010. (A true and correct copy of said withdraw is attached hereto as Exhibit D.) 5. Defendant failed to provide answers to the interrogatories or the requested supporting documents by the May 28, 2010 extended deadline. 6. Thereafter Plaintiff served the same interrogatories in. aid of execution upon Defendant directly, via first class mail on June 8, 2010, giving Defendant an additional ten (10) days to respond. (A true and correct copy of the cover letter therefore is attached hereto as Exhibit E.) 7. Defendant again failed to respond to the interrogatories or provide the requested supporting documents. 8. On June 24, 2010, after receiving no responses or explanation from Defendant, Plaintiff filed a Motion to Compel Discovery Requests and requesting an order pursuant to Pa. R. Civ. P. 401 (a)(1)(i), compelling Defendant to answer the interrogatories in aid of execution within ten days of entry of said order. (A true and correct copy of the Motion filed by Plaintiff on June 24, 2010 is attached hereto as Exhibit F). 9. Inconsideration of Plaintiff's June 24, 2010 Motion, this Court issued a Rule to Show Cause on June 28, 2010, returnable on or before July 23, 2010. The Rule to Show Cause was served upon the Defendant by the Court. (A true and correct copy of the Court's June 28, 2010 Order issuing the rule is attached hereto as Exhibit G). 10. As of July 23, 2010, Defendant had nearly 60 days after original service to Defendant's counsel of record to respond but failed to respond to the Interrogatories in Aid of Execution or provide the requested documents. 11. Plaintiff filed a Motion Requesting Rule be Made Absolute on July 26, 2010 requesting the Court grant an Order requiring Defendant respond to the Interrogatories in Aid of Execution. (A true and correct copy of the Plaintiff's Motion is attached hereto as Exhibit H). 12. In consideration of Plaintiff's July 26, 2010 Motion, this Court issued an Order, requiring Defendant respond to the interrogatories in aid of execution with full and complete answers within ten (10) days. (A true and correct copy of the Court's July 27, 2010 Order attached hereto as Exhibit I). 13. On July 26, 2010 Plaintiff received from Defendant significantly limited and incomplete responses to interrogatories in aid of execution. None of the requested supporting documents were included in Defendant's response. (A true and correct copy of Defendant's response is attached hereto as Exhibit J). 14. Defendant essentially asserted in those responses that he owns no property, has no financial assets, and anticipates no pending income. 15. Defendant's responses infer Defendant has maintained a status of having no assets and no income for at least two years. 16. Plaintiff has reason to believe Defendant provided false and significantly incomplete information in response to most of the interrogatories. Based on this, Plaintiff was inclined to believe Defendant not truthfully responded to other interrogatories. 17. Based on Defendant's inaccurate and incomplete responses, Plaintiff believed Defendant may have had additional assets which he was hiding or not disclosing. 18. Plaintiff filed a Motion to Compel Complete Answers to Interrogatories in Aid of Execution on August 10, 2010. (A true and correct copy of Plaintiff's Motion is attached heretofore as Exhibit K). 19. In consideration of Plaintiff s August 10, 2010 Motion, this Court issued a Rule to Show Cause, requiring Defendant respond to the interrogatories in aid of execution with full and complete answers within ten (20) days of service. (A true and correct copy of the Court's August 13, 2010 Rule to Show Case attached hereto as Exhibit L). 20. On September 7, 2010 Plaintiff received from Defendant responses to the Interrogatories in Aid of Execution which offered some additional information, but were still very limited and incomplete. Defendant again failed to produce any supporting documents requested within the interrogatories. (A true and correct copy of Defendant's response is attached hereto as Exhibit M). 21. Plaintiff decided the best way to get complete answers to documentation without the need for further court intervention, would be to take Defendant's deposition in and of execution. 22. Plaintiff made several attempts to contact Defendant via telephone in order to schedule a deposition to secure more complete answers to the interrogatories in aid of execution and obtain the support documentation. 23. Plaintiff discussed scheduling a deposition with Defendant on one occasion, after which Defendant did not respond to additional attempts to schedule a deposition date and time. 24. Finally, on October 25, 2010, Plaintiff mailed a letter to Defendant proposing several available dates and times to schedule a deposition, and requesting a response by November 1, 2010. (A true and correct copy of Plaintiff's letter dated October 25, 2010 is attached hereto as Exhibit N) 25. Defendant finally responded via telephone on November 8, 2010 and stated his only availability for the deposition would be on November 24, 2010 or late December. 26. During the call, Plaintiff orally confirmed that the deposition would be scheduled for November 24, 2010. 27. On November 12, 2010, Plaintiff followed up the orally agreed upon date by sending a notice of deposition including a cover letter specifically noting the documentation that Defendant would need to provide at the deposition. (A true and correct copy of the cover letter and Notice of Deposition is attached hereto as Exhibit O) 28. Defendant did not respond to this notice in any manner. 29. On November 15, 2010, Plaintiff notified Defendant via telephone voicemail message that the Notice of Deposition had been mailed and again pointed Defendant's attention to the document request located on the Notice of Deposition. 30. Defendant did not respond to this notice in any manner. 31.On November 24, 2010, Plaintiff took the oral deposition of Defendant at the date, time and location specified on the Notice of Deposition. 32. Defendant failed to provide the documents listed in the Notice of deposition, or any other documents or any explanation for this failure. Plaintiff was able to gain additional information at the deposition, which should have been, but was not, disclosed in Defendant's answers to Interrogatories in Aid of Execution. 33. On November 24, 2010, Plaintiff, as a last attempt, mailed Defendant a letter giving him an additional ten (10) days to produce the documents listed in the Notice of Deposition. (A true and correct copy of the Letter dated November 24, 2010 is attached hereto as Exhibit P). 34. Despite having notice of the need to provide copies of the support documents for more than two-hundred and forty (240) days, Defendant has failed to produce even one of the requested documents listed in the Interrogatories in Aid of Execution or the Deposition Notice, as of the date of filing of this motion. 35. The undersigned believes Defendant is deliberately thwarting the judicial process in order to avoid Plaintiff's right to collect legal judgment and to hide additional assets. 36. Plaintiff believes Defendant to be intentionally failing to give truthful and accurate answers in an attempt to prolong collection and increase Plaintiff's costs. 37. Plaintiff believes it has undertaken every possible option to obtain the documentation to which she is entitled prior to filing this motion. 38. Plaintiff has been more than patient and accommodating and now has no further option to complete her discovery without court assistance. 39. Plaintiff asserts that had Defendant responded to the initial interrogatories with the answers provided at the deposition and with the requested documents, the deposition would not have been needed and Plaintiff would not have incurred this cost. 40. Due to Defendant's deliberate and continued failure to fully respond to the document requests of Plaintiff, Plaintiff requests the cost of the deposition be reimbursed to Plaintiff. 41. The cost of the deposition was $109.25. (A true and correct receipt is attached hereto as Exhibit Q). 42. These discovery matters have previously been handled by Judge Ebert. WHEREFORE, Plaintiff Mary Permelia requests the Court issue a rule to show cause why the Defendant should not be held in contempt of Court for failing to bring documents to the scheduled deposition and the costs for the deposition be added to the judgment award owed to Plaintiff. Respectfully Submitted, Mark W. Allshousel, Esquire The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, certify that on rnbGc ?a , 2010, I served the foregoing document by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date: 121 1 yi, u By: R- Hannah R. P'- Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 ,5 i T EXHIBIT A lea t ? Qjzf dot P?c? Plaintiff ko, e r 14cs FeJ Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. eg - 0.56,7a_ Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with 'ty. Y ` r tl1Te \ Y/ Slgfla r ff-•j? rrWS ??l ( 2? /T _ ?j CCC Nank (Chairman) Name Name Law Firm 7, f G.?, S Address Th n s jr-" bv '4-i le Law Firm P0. (bjY log Address L4W 06')r-f- -,P 1-wo e,,, Law Firm P-O. S0r s 1( Address c-((!; (f ( )* t 7d!3 ?egtx /1 fe 170Y3 lUUIcya tcs ?e? Pro /?oSti city, zip City, zip Ci% Z p - Award We, the undersigned arbitrators, having been duly appointed and sworn (or affrmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: 3-27- Oz Date of Award: S -z?7 Notice of Entry Now, the day of 20_ q , at3;!JA, k.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators compensation to be paid upon appeal: $.350, oc ` cs;??Istai ?a By: Prothonotary . Astor, dissmts. (Insert name if applicable.' EXHIBIT B PENNSTA 19 T• 1 i?A.01U ULL Elder Law and Consumer Protection Clinic )ol of Law The Dale F. Shugllart A service to the community by students Community Law Center from The Dickinson School of Law of 43 North Pitt Street The Pennsylvania State University Carlisle, PA 17013 Office: 717-240-5152 Fax: 717-241-3596 April 20, 2010 Mr. Jason Kelso, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Re: Interrogatories in Aid of Execution Dear Mr. Kelso: As we discussed, please find enclosed my client's Interrogatories in Aid of Execution. Pursuant to Pennsylvania Rules of Civil Procedure Rule 3144, you have twenty (20) days to provide an answer. If you have any questions, comments or concerns, please contact me at the Elder Law Clinic at (717) 240-5152. Sincerely, Matthew J. iournoff Certified Legal Intern ark W. Allshous , Esquire Supervising Attorney MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-05672 Civil Action - Law Jury Trial Demanded Interro¢atories to Defendant in Aid of Execution To Roger Hosfelt (Garnishee): Date: April 20, 2010 The Plaintiff is seeking to collect on the Arbitration Award Judgment which it has secured against you in this case and needs information about your assets. You are required under Pa. R.C.P. Nos. 3117, 3144, and 4006 to provide answers under oath or verification to the following Interrogatories within twenty days after their service upon you to Mark W. Allshouse, Esquire, 45 North Pitt Street, Carlisle, Pennsylvania, 17013. I. Definitions and Instructions 1. "Documents" is used in its broadest sense and means the original, or, if unavailable, a complete copy, and each copy which is non-identical because of marginal notations, revisions or otherwise, of any medium, upon which anything is recorded or from which anything can be recorded to include, without limitation, the following: letters, correspondence, memorandum, notes, reports, records, pictures, recordings, diaries, calendars, papers, date sheets, bills, contracts, computer printouts, information in computers, inter-office and intra-office communications, logs, drawings, graphs and charts. 2. "Machine" means any item with an electrical and/or gasoline motor that has a manufactured suggested retail price of $100 or greater. 3. "Person" means any natural person, corporation, partnership, association, or other entity. 4. "You" mean Roger Hosfelt. 5. "Identify," when used in reference to a communication, means to set forth: a. The identification of the person by whom, and each person, to whom, each such communication was made and all persons present at the time; b. The date and time the communication was made; c. The place at which it was made; d. The means by which it was made (e.g. telephone, electronic transmission, facsimilie, letter, or in person);. and e. The substance of the communication 5. "Identity" or "Identification," when used in reference to a person, means to set forth the person's: a. Full name; b. Present or last known home address and telephone number; c. Present or last known business address and telephone number; d. Present or last known employer or affiliation e. Title, rank or position at time of involvement with you; and f. For persons other than natural persons the name and address of each officer and general manager. 6. "Identify," when used in reference to documents, means to set forth: a. The nature of the documents (ex. letter, memorandum, contract, personal notes); b. The date thereof, c. The identification of each author, addressee and recipient; d. The title of the document and short description of its subject matter; e. Any file number, identifying mark, or code of the document; and f. The location of the document by address, city and state, and the identification of the present custodian. 7. The plural include the singular, and vice versa. 8. Masculine includes feminine, and vice versa. 9. The conjunctive includes the disjunctive, and vice versa. II. Interrogatories 1. Identify all person answering these interrogatories on behalf of the Defendant for each person, state their relationship to the Defendant. 2. State the current address and telephone number for the Defendant. 3. Is the Defendant jointly or individually associated in a business or professional partnership or joint venture? If so, identify: a. The name of the partnership and/or joint venture b. The members of the partnership and/or joint venture; c. The nature of the business of the partnership and/or joint venture d. The percentage of Defendant's interest; e. The estimated value of the Defendant's interest; and f. Defendant's average gross and net annual compensation 4. Does the Defendant own any interest in any real estate in this state or elsewhere either individually or jointly with another individual or entity? If so, as to each such interest state: a. The full address and location of the real estate; b. The market value of the real estate; c. The nature and extent of the Defendant's interest in the real estate, including joint, reversionary, remainder, leasehold, contingent or beneficial interest; d. The date the Defendant acquired its interest; and e. If there are any mortgages on such real estate, state as to each mortgage the outstanding obligation of the mortgage. 5. Has the Defendant or anyone on behalf of the Defendant, conveyed or transferred any interest in any real estate to anyone within the last two years? If so, as to each such interest explain: a. The property interest that was conveyed and/or transferred; b. When the interest was conveyed and/or transferred; and c. To whom the interest was conveyed and/or transferred 6. Does the Defendant hold a mortgage on any other security interest or I any real estate? If so, explain by providing as to each such property: a. The address of the property; and b. The nature and amount of the security interest 7. Does the Defendant own a motor vehicle or any interest in a motor vehicle either individually or jointly with another person or entity? If so, state as to each vehicle: a. The make, model, year, color, current mileage, and vehicle identification number (VIN) of the vehicle; b. The name that appears on the registration or title certificate; and c. The balance due on any outstanding purchase money security interest in the motor vehicle. 8. Does the Defendant own a construction vehicle and/or construction machine, or any interest in a construction vehicle and/or construction machine, either individually or jointly with another person or entity? If so, state as to each vehicle: a. The make, model, year, current market price; b. The name that appears on the registration or title certificate; and c. The balance due on any outstanding purchase money security interest in the motor vehicle and/or machine. 9. Does the Defendant own or have any interest in any marketable securities? If so, identify each security, and produce copies of account statements or other evidence of title to the securities. 10. Does the Defendant own or maintain any savings or checking accounts, certificates of deposit, money market accounts, mutual fund accounts, either individually or jointly with another individual or entity or in the name of any entity in which the Defendant has any ownership interest or other involvement? If so, for each account state: a. In whose name are they owned? b. Where are they located? c. Account number(s). d. Copies of account statements. 11. Does the Defendant have any interest in any patent, copyright or trademark or any patentable invention or copyrightable material? If so, as to each interest, explain by describing the: a. Nature of the intellectual property interest owned; and b. The amount of income derived therefrom. 12. Does the Defendant have any uncollected debts, accounts receivable, or other monies that are due to the Defendant either jointly or individually? If so, for each please explain: a. From whom and for how much; and b. For what type of debt. 13. Are there any unsatisfied judgments of a record in favor of the Defendant in any action or have any judgments been assigned to the Defendant? If so, for each please explain: a. The court where the judgment was obtained and when; and b. The amount of the judgment. 14. Does the Defendant hold any security interest in or lien on personal property? If so, as to each such security interest or lien, state: a. The description of the personal property, including the identity of present owner, b. The nature and amount of the security interest or line, including the identification of any court action involved; and c. The date when Defendant(s) acquired the security interest or lien. IS. Does the Defendant have any right, interest, fmancial advantage or prospect therefore under any contract, insurance or other claim, cause of action or pending lawsuit in the courts of this or any other state or in the federal courts? If so explain. 16. Is the Defendant the beneficiary of any trust? If so, explain by providing: a. A copy of the trust; b. Description of the property held by or income produced from the trust; and c. The extent of the Defendant's interest in the trust. 17. Has the Defendant received any money, or interest in real or personal property under any will or inheritance, or have you been notified of any interest in any decedent's estate since 2000? If so, for each state the following: a. Name of the deceased; b. Date of death; and c. Where the will is being probated. 18. Does the Defendant own or have an interest in any other assets not already disclosed? If so, please identify the same and the current location of each. 19. Has the Defendant sold, assigned, given or traded any tangible or intangible personal property or interest in personal property with a value of $100 or more to anyone within the last two years? If so, explain 20. Is the Defendant owed any federal, state or local tax refund? If so, identify each taxing authority, the period for which taxes are due to you and the exact or estimate the amount of the refund. Provide copies of tax returns for tax years 2008 and 2009. 21. Has the Defendant assigned any interest it has in any contracts to another individual or entity within the last two years? If so, for each contract assigned, identify: a. Nature of the contract; b. Individual or entity to whom the contract was assigned; c. The date when the contract was assigned; d. All parties to the contract; and e. Provide a copy of each contract assigned. 22. Does the Defendant currently have any executor contracts? If so, for each contract, identify: a. Nature of the contract; b. Anticipated completion date and/or termination date of the contract; c. All parties to the contract; and d. Provide a copy of each contract. 23. Is the Defendant currently providing goods to or performing services for any third party? If so, for each third party, state: a. Nature of the job; b. The exact location of the job; c. The name of the third party; d. The potential amount the Defendant will receive for the job; and e. The date the Defendant anticipates receipt. 24. List all goods and services the Defendant anticipates performing for any third party, including without limitation, all goods not yet provided and all services not yet performed. 25. State the exact location of all materials, furniture, fixtures and equipment used by the Defendant or used in the business of any successor in interest to the Defendant. Date: 0 Respectfully submitted, By: N,Idk W. Allshouse, /Supreme Court ID # 014 Matthew Noumoff The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 MARY PERMELIA IN THE COURT OF COMMON PLEAS 123 Three Turns Road CUMBERLAND COUNTY, PENNSYLVANIA Biglerville, PA 17307 : Plaintiff V. : NO. 08-05672 ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant Civil Action - Law : Jury Trial Demanded CERTIFICATE OF SERVICE I, Matthew J. Noumoff, Certified Legal Intern, certify that I served the foregoing Interrogatories in Aid of Execution, by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Date: Mr. Jason Kelso, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 By: Matthew J. No ff The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 G.? EXHIBIT C May 18, 2010 Mr. Jason Kelso, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Re: Extension to Answer Interrogatories in Aid of Execution Dear Mr. Kelso: My name is Hannah R. Suhr and I will be taking over the case for Matthew J. Noumoff, who has graduated. All future correspondence may be directed to me at 717-240-5152. In response to your letter dated May 10, 2010, requesting a two (2) week extension of time to complete the Interrogatories in Aid of Execution, I am granting that extension. The extension is granted until Friday, May 28, 2010. In granting this extension, I expect that the answers to all the interrogatories will be complete and verified by your client. If you have any questions, comments or concerns, please contact me at the Elder Law Clinic at (717) 240-5152. Sincerely, Hannah R. Suhr Mark W. Allshouse, Esquire Law Student Supervising Attorney n EXHIBIT D JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHN B. LAMPI DANIEL L. SULLIVAN DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS JASON E. KELSO LAW OFFICES MIDIS, FLOWER & LMDS_ . ic A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-law.com www. 01-law.com May 27, 2010 Mark Allshouse, Esquire The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 Re: Permella v. Hosfelt Dear Mark: Ct1 MP HII,L OFFICE 2109 MARKET STREET. TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Enclosed please find a Praecipe to withdraw my appearance. Please direct all further communications to Mr. Hosfelt directly. If you have any questions, please do not hesitate to contact me. Very truly yours, SAIDILOWER & LINDSAY ason E. Kelso, Esquire JEK/pm Enclosure MARY PERMELLA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05672 -01-77 .zA w 4 . N -? m r'i NO _n ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Civil Action -Law Defendant Jury Trial Demanded PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: C Kindly withdraw my appearance on behalf of the Defendant, Roger Hosfelt above-captioned matter. ' in the Respectfully Submitted, Dated: f12J-1jJ SAIDI WER & LINDSAY / o on E. Kelso, Esquire Attorney Id. 209107 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, ROGER HOSFELT above-captioned matter. in the Respectfully Submitted, Dated: r Z I'Ilo Ro elt CERTIFICATE OF SERVICE On this 26th day of May, 2010, I hereby certify that I served a true and correct copy of the foregoing Praecipe to Withdraw Appearance and Praecipe for Entry of Appearance to Pa. R.C.P. 1310 upon all parties of record via United States Mail, postage prepaid, addressed as follows: Mark W. Allshouse, Esq. The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY ev-?z 'Jason E. Kelso, Esq. Supreme Court ID #209107 26 West High Street Carlisle, PA 17013 717-243-6222 1 EXHIBIT E June 8, 2010 Mr. Roger Hosfelt 112 Big Pond Road Shippensburg, Pa 17257 Re: Interrogatories in Aid of Execution Dear Mr. Hosfelt: My name is Hannah Suhr and I am the student who is handling Ms. Permelia's case for the Elder Law and Consumer Protection clinic. As you are aware an Arbitration Award was granted on March 27, 2009 in the amount of $14,217.00. You were given 15 days from March 23, 2010 to notify when payment could be expected, or to establish.a payment plan. As such notification was not received; Interrogatories in Aid of Execution were mailed to your attorney, Jason Kelso, on April 20, 2010. Pursuant to Pennsylvania Rules of Civil Procedure Rule 3144 you were given 20 days to provide answers to these interrogatories. On your behalf, Mr. Kelso requested an extension of the May 10, 2010 deadline which we granted until May 28, 2010. Enclosed please fine my client's Interrogatories in Aid of Execution. In light of Mr. Kelso's withdraw as your attorney on May 26, 2010, please respond to these interrogatories within ten (10) days. If you have any questions, comments or concerns, please contact me at the Elder Law Clinic at (717) 240-5152. Sincerely, Hannah R. Suhr Certified Legal Intern Enclosure: Interrogatories in Aid of Execution Mark W. Allshouse, Esquire Supervising Attorney EXHIBIT F ------------- MARY PERMELIA 123 Three Turns Road IN THE COURT OF COMMON PLEAS Biglerville, PA 17307 CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. ROGER HOSFELT No. 08-05672 112 Big Pond Rd. Shippensburg, PA 17257 Defendant Civil Action- Law RULE TO SHOW CAUSE AND NOW, this day of June, 2010, upon consideration of the foregoing Motion, it is hereby ordered that 1 • A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; and 2. The defendant shall file an answer to the Motion within __ days of service upon the defendant. By The Court: J. Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for Pltiff ORDER AND NOW, this _ day of motion to compel answers to irate og t ries, it i ' upon consideration of plaintiffs GRANTED. hereby ORDERED that the motion is Defendant shall make full and complete answers to the interrogatories within days of the date of this order or appropriate sanctions application to the court will be imposed upon de ten (10) fendant following J. Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law MOTION TO COMPEL DISCOVERy REQUESTS Plaintiff, by its undersigned counsel, moves this court for an order, Civ. P. 4019, to compel defendant to respond to interro atorie Pursuant to Pa. R. g s in aid of execution and in support thereof avers the following; 1 • An Arbitration Award for plaintiff against defendant was entered in the above mentioned matter for the sum of $14, 217 on March 27, 2009. (A true and correct copy of the award is attached. hereto as Exhibit A.) 2 Plaintiff served interrogatories in aid of execution upon defendant, via first class mail to defendant's attorney on April 20, 2010. (A true and correct copy of said document is attached hereto as Exhibit B.) 3. Pursuant to Pa. R. Civ. P. 4006(a)(2), defendant's responses to the interrogatories in aid of execution were due within twenty days after they had been served. 4. Plaintiff granted defendant an extension of the deadline to respond by letter dated May 18, 2010, until May 28, 2010, but no response has been received as of the date of filing hereof. (A true and correct copy of that letter is attached hereto as Exhibit C.) 5. Defendant's attorney withdrew, his appearance on May 25, 2010. (A true and correct copy of said withdraw is attached hereto as Exhibit D.) 6. Plaintiff served interrogatories in aid of execution upon defendant directly, via first class mail on June 8, 2010. (A true and correct copy of the cover letter therefore is attached hereto as Exhibit E.) 7. Defendant was given ten days to respond to the interrogatories in aid of execution after they had been served. 8. Defendant has had nearly 60 days after original service to defendant, s counsel of record to respond but has failed to do so. 9. Plaintiff requests an order pursuant to Pa. R. Civ. P. 401 (a) 1 i compelling defendant to answer the interrogatories in aid of execution within ten days of en I try of said order. I I l i WHEREFORE, plaintiff respectfully requests the court to approve the Proposed order annexed hereto. Date: *004 B k W. Allshouse, squire e Elder Law and onsumer protection Clinic ge Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELL4, Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, Certified Legal Intern, certify that I served the foregoing Notice of Intent to Offer Documentary Evidence Pursuant to Rule 1305, by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date: ?./2 Zf By: annah R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 EXHIBIT G MARY PERMELIA PLAINTIFF 123 Three Turns Road Biglerville, PA 17307 V. ROGER HOSFELT DEFEDANT 112 Big Pond Road Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5672 CIVIL ORDER OF COURT AND NOW, this 28"' day of June, 2010, upon consideration of the Plaintiff's Motion to Compel Discovery Requests IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant win file an answer on or before July 23, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. ,it I M. L. Ebert, Jr., Mark W. Allshouse, Esquire Attorney for Plaintiff Elder Law Clinic Roger Hosfelt, Defendant bas By the Court, EXHIBIT H Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-05672 Civil Action- Law ORDER AND NOW, this day of , 2010, upon consideration of plaintiffs motion requesting rule be made absolute and after receiving no response to the Rule to Show Cause issued by this Court on June 28, 2010, it is hereby ORDERED that Plaintiff's motion is GRANTED. Defendant shall make full and complete answers to the interrogatories within ten (10) days of the date of this order or appropriate sanctions will be imposed upon defendant following application to the court. M. L. Ebert, Jr., J. Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff . r •4. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law MOTION REQUESTING RULE BE MADE ABSOLUTE Plaintiff, Mary Permelia, by and through her undersigned counsel, respectfully moves this Court to issue an order making the Rule to Show Case issued by this Court on June 28, 2010 absolute. In support thereof Plaintiff avers the following: 1. Plaintiff filed a Motion to Compel Discovery Requests on June 24, 2010 requesting the Court grant an Order requiring Defendant respond to the Interrogatories in Aid of Execution. 2. In consideration of Plaintiff's June 24, 2010 Motion, this Court issued a Rule to Show Cause on June 28, 2010, returnable on or before July 23, 20 10. (A true and correct copy of the Court's June 28, 2010 Order issuing the rule is attached hereto as Exhibit A). 3. As of the date of filing of this document:, Defendant has failed to return the Rule, or otherwise respond to the June 28, 2010 Order. 4. Defendant has failed to respond to, comply with, or otherwise acknowledge any attempt by Plaintiff to collect the arbitration award, including the Order dated June 29, 2010 issued by this Court. WHEREFORE, plaintiff respectfully requests the Court issue the attached Order making the rule absolute. Date: j??rhouse7?nsumer uire The Elder Law and Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, certify that on , 2009, I served the foregoing document by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Date: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 By: Hannah R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-05672 Civil Action- Law ORDER AND NOW, this day of- 2010, upon consideration of plaintiff's motion requesting rule be made absolute and after receiving no response to the Rule to Show Cause issued by this Court on June 28, 2010, it is hereby ORDERED that Plaintiffs motion is GRANTED. Defendant shall make full and complete answers to the interrogatories within ten (10) days of the date of this order or appropriate sanctions will be imposed upon defendant following application to the court. M. L. Ebert, Jr., J EXHIBIT I UVL L 1 1-v iv Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA IN THE COURT OF COMMON PLEAS 123 Three Turns Road CUMBERLAND COUNTY, Biglerville, PA 17307 PENNSYLVANIA Plaintiff V. ROGER HOSFELT No. 08-05672 112 Big Pond Rd. Shippensburg, PA 17257 Civil Action- Law Defendant ORDER AND NOW, this -a7_ day of , 2010, upon consideration of plaintiff's motion requesting rule be made absolute *andeceiving no response to the Rule to Show Cause issued by this Court on June 28, 2eby ORDERED that Plaintiff s motion is GRANTED. Defendant shall make full and complete answers to the interrogatories within ten (10) days of the date of this order or appropriate sanctions will be imposed upon defendant following application to the court. LVEe7rt, Jr., \/ILIYI? EXHIBIT j MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-05672 Civil Action - Law Jury Trial Demanded Interrogatories to Defendant in Aid of Execution To Roger Hosfelt (Garnishee): Date: April 20, 2010 The Plaintiff is seeking to collect on the Arbitration Award Judgment which it has secured against you in this case and needs information about your assets. You are required under Pa. R.C.P. Nos. 3117, 3144, and 4006 to provide answers under oath or verification to the following Interrogatories within twenty days after their service upon you to Mark W. Allshouse, Esquire, 45 North Pitt Street, Carlisle, Pennsylvania, 17013. 1. Definitions and Instructions 1. "Documents" is used in its broadest sense and means the original, or, if unavailable, a complete copy, and each copy which is non-identical because of marginal notations, revisions or otherwise, of any medium, upon which anything is recorded or from which anything can be recorded to include, without limitation, the following: letters, correspondence, memorandum, notes, reports, records, pictures, recordings, diaries, calendars, papers, date sheets, bills, contracts, computer printouts, information in computers, inter-office and intra-office communications, logs, drawings, graphs and charts. 2. "Machine" means any item with an electrical and/or gasoline motor that has a manufactured suggested retail price of $100 or greater. 3. "Person" means any natural person, corporation, partnership, association, or other entity. 4. "You" mean Roger Hosfelt. 5. "Identify," when used in reference to a communication, means to set forth: a. The identification of the person by whom, and each person, to whom, each such communication was made and all persons present at the time; b. The date and time the communication was made; c. The place at which it was made; d. The means by which it was made (e.g. telephone, electronic transmission, facsimilie, letter, or in person); and e. The substance of the communication 5. "Identity" or "Identification," when used in reference to a person, means to set forth the person's: a. Full name; b. Present or last known home address and telephone number; c. Present or last known business address and telephone number; d. Present or last known employer or affiliation e. Title, rank or position at time of involvement with you; and f. For persons other than natural persons the name and address of each officer and general manager. 6. "Identify," when used in reference to documents, means to set forth: a. The nature of the documents (ex. letter, memorandum, contract, personal notes); b. The date thereof; c. The identification of each author, addressee and recipient; d. The title of the document and short description of its subject matter; e. Any file number, identifying mark, or code of the document; and f. The location of the document by address, city and state, and the identification of the present custodian. 7. The plural include the singular, and vice versa. 8. Masculine includes feminine, and vice versa. 9. The conjunctive includes the disjunctive, and vice versa. II. Interrogatories 1. Identify all person answering these interrogatories on behalf of the Defendant for each person, state their relationship to the Defendant. 2. State the current address and telephone number for the Defendant. 3. Is the Defendant jointly or individually associated in a business or professional partnership or joint venture? If so, identify: a. The name of the partnership and/or joint venture b. The members of the partnership and/or joint venture; c. The nature of the business of the partnership and/or joint venture d. The percentage of Defendant's interest; e. The estimated value of the Defendant's interest; and f. Defendant's average gross and net annual compensation . 11,111 AP 4. Does the Defendant own any interest in any real estate in this state or elsewhere either individually or jointly with another individual or entity? If so, as to each such interest state: a. The full address and location of the real estate; b. The market value of the real estate; c. The nature and extent of the Defendant's interest in the real estate, including joint, reversionary, remainder, leasehold, contingent or beneficial interest; d. The date the Defendant acquired its interest; and e. If there are any mortgages on such real estate, state as to each mortgage the outstanding obligation of the mortgage. tl? 5. Has the Defendant or anyone on behalf of the Defendant, conveyed or transferred any interest in any real estate to anyone within the last two years? If so, as to each such interest explain: a. The property interest that was conveyed and/or transferred; b. When the interest was conveyed and/or transferred; and c. To whom the interest was conveyed and/or transferred 6. Does the Defendant hold a mortgage on any other security interest or I any real estate? If so, explain by providing as to each such property: a. The address of the property; and b. The nature and amount of the security interest No 7. Does the Defendant own a motor vehicle or any interest in a motor vehicle either individually or jointly with another person or entity? If so, state as to each vehicle: a. The make, model, year, color, current mileage, and vehicle identification number (VIN) of the vehicle; b. The name that appears on the registration or title certificate; and c. The balance due on any outstanding purchase money security interest in the motor vehicle. N? 8. Does the Defendant own a construction vehicle and/or construction machine, or any interest in a construction vehicle and/or construction machine, either individually or jointly with another person or entity? If so, state as to each vehicle: a. The make, model, year, current market price; b. The name that appears on the registration or title certificate; and c. The balance due on any outstanding purchase money security interest in the motor vehicle and/or machine. 9. Does the Defendant own or have any interest in any marketable securities? If so, identify each security, and produce copies of account statements or other evidence of title to the securities. N° 10. Does the Defendant own or maintain any savings or checking accounts, certificates of deposit, money market accounts, mutual fund accounts, either individually or jointly with another individual or entity or in the name of any entity in which the Defendant has any ownership interest or other involvement? If so, for each account state: a. In whose name are they owned? b. Where are they located? c. Account number(s). d. Copies of account statements. o qccq*K i9 fSS?s'z1?? -2z F5' 03/30 /?6? z3, /9 I I . Does the Defendant have any interest in any patent, copyright or trademark or any patentable invention or copyrightable material? If so, as to each interest, explain by describing the: a. Nature of the intellectual property interest owned; and b. The amount of income derived therefrom. N? 12. Does the Defendant have any uncollected debts, accounts receivable, or other monies that are due to the Defendant either jointly or individually? If so, for each please explain: a. From whom and for how much; and b. For what type of debt. Ald 13. Are there any unsatisfied judgments of a record in favor of the Defendant in any action or have any judgments been assigned to the Defendant? If so, for each please explain: a. The court where the judgment was obtained and when; and b. The amount of the judgment. 14. Does the Defendant hold any security interest in or lien on personal property? If so, as to each such security interest or lien, state: a. The description of the personal property, including the identity of present owner; b. The nature and amount of the security interest or line, including the identification of any court action involved; and c. The date when Defendant(s) acquired the security interest or lien. 15. Does the Defendant have any right, interest, financial advantage or prospect therefore under any contract, insurance or other claim, cause of action or pending lawsuit in the courts of this or any other state or in the federal courts? If so explain. ?D 16. Is the Defendant the beneficiary of any trust? If so, explain by providing: a. A copy of the trust; b. Description of the property held by or income produced from the trust; and c. The extent of the Defendant's interest in the trust. AJ6 IT Has the Defendant received any money, or interest in real or personal property under any will or inheritance, or have you been notified of any interest in any decedent's estate since 2000? If so, for each state the following: a. Name of the deceased; b. Date of death; and c. Where the will is being probated. AA 18. Does the Defendant own or have an interest in any other assets not already disclosed? If so, please identify the same and the current location of each. //J 19. Has the Defendant sold, assigned, given or traded any tangible or intangible personal property or interest in personal property with a value of $100 or more to anyone within the last two years? If so, explain 20. Is the Defendant owed any federal, state or local tax refund? If so, identify each taxing authority, the period for which taxes are due to you and the exact or estimate the amount of the refund. Provide copies of tax returns for tax years 2008 and 2009. /I!G l-e 7??? Ali Sys ??? 20"O'd o?a of 21. Has the Defendant assigned any interest it has in any contracts to another individual or entity within the last two years? If so, for each contract assigned, identify: a. Nature of the contract; b. Individual or entity to whom the contract was assigned; c. The date when the contract was assigned; d. All parties to the contract; and e. Provide a copy of each contract assigned. /Va 22. Does the Defendant currently have any executor contracts? If so, for each contract, identify: a. Nature of the contract; b. Anticipated completion date and/or termination date of the contract; c. All parties to the contract; and d. Provide a copy of each contract. Ald 23. Is the Defendant currently providing goods to or performing services for any third party? If so, for each third party, state: a. Nature of the job; b. The exact location of the job; c. The name of the third party; d. The potential amount the Defendant will receive for the job; and e. The date the Defendant anticipates receipt. ND 24. List all goods and services the Defendant anticipates performing for any third party, including without limitation, all goods not yet provided and all services not yet performed. 25. State the exact location of all materials, furniture, fixtures and equipment used by the Defendant or used in the business of any successor in interest to the Defendant. Date: O Respectfully submitted, By: , W. AllshoPk eme Court Matthew Noumoff The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 MARY PERMELIA IN THE COURT OF COMMON PLEAS 123 Three Turns Road CUMBERLAND COUNTY, PENNSYLVANIA Biglerville, PA 17307 Plaintiff V. : NO. 08-05672 ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant Civil Action - Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Matthew J. Noumoff, Certified Legal Intern, certify that I served the foregoing Interrogatories in Aid of Execution, by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Date: ?P Mr. Jason Kelso, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 BY. Matthew J. Noum ff The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 EXHIBIT K Iv1ARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Rd. ShiPPensburg, PA 17257 Defendant IN Tl-'E CERL URT OF COMMON PLEAS PENNSYLV? COUNTY, No. 08-05672 Civil Action- Law AND NOW, this__ da RULE TO SIHOW CAUSE hereby ordered that day Of August, 2010, upon consideration of the forego?g Motion, it is A rule is issued upon the defendant to show the reIiefre cause wh quested; and Y the plan ffis not entitled to 2. The defendant shall file an answer to defendant. the Motion Within --_ days of service upon the BY The Court: M. L. Eb- ert J. Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-05672 Civil Action- Law ORDER AND NOW, this day Of 2010, upon consideration of plaintiff s motion to compel complete answers to interrogatories in aid of execution, it is hereby ORDERED that Plaintiff's motion is GRANTED. Defendant shall make full and complete answers to the interrogatories within ten (10) days of the date of this order or appropriate sanctions will be imposed upon defendant following application to the court, including, but not limited to the possibility of an oral deposition to be taken by plaintiff at defendant's sole cost and expense. M. L. Ebert, Jr., J Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law MOTION TO COMPEL COMPLETE ANSWERS TO INTERROGATORIES IN AID OF EXECUTION Plaintiff, .Mary Permelia, by and through her undersigned counsel, respectfully this Court to issue an order requiring Defendant respond to moves the Interrogatories in Aid of Execution in a complete and accurate manner. In support thereof Plaintiff avers the following; 1 Plaintiff filed a Motion Requesting Rule be Made Absolute on July 26, 2010 requesting the Court grant an Order requiring Defendant respond to the Interrogatories in Aid of Execution. (A true and correct copy of the Plaintiff's Motion is attached hereto as Exhibit A). 2 In consideration of Plaintiff's July 26, 2010 Motion, this court issued an Order, requiring defendant respond to the interrogatories in aid of execution with full and complete answers within ten (10) days. (A true and correct copy of the Court's July 27, 2010 Order attached hereto as Exhibit B). 3. On July 26, 2010 Plaintiff received from defendant significantly limited and very incomplete responses to interrogatories in aid of execution. (A true and correct copy of Defendant's response is attached hereto as Exhibit C). 4. Defendant has essentially asserted that he owns no property, has no fmancial assets, and anticipates no pending income. 5. Defendant has responded "no" to nineteen of the twenty-five interrogatories. 6. For interrogatory seven, Defendant claims to have no interest in any motor vehicle. 7. For interrogatory eight, Defendant claims to have no interest in any construction vehicle and/or machine, despite advertising and operating a construction company. g For interrogatory eighteen, Defendant claims to have no interest in any other assets not already disclosed. 9. For interrogatory nineteen, Defendant claims to have not sold, assi ned g , given or traded any tangible or intangible personal property or interest in personal property with a value of 5100 or more within the last two years. This response infers Defendant has maintained, as implicated by his responses, a status of having no assets for at least two years. 10. Defendant has failed to fully and completely respond to some of the interrogatories. 11 • For Interrogatory two, which requests Defendant's current address and telephone number, Defendant has only responded with his address. Defendant has failed to include a current telephone number. 12. For Interrogatory ten, Defendant has provided the location and account numbers for two accounts but has only provided the current balance for one of these accounts. Defendant has failed to state in whose name the accounts are held and provide copies of account statements, stating "Account statements are thrown out after I look at them." 13. Defendant has been on notice of a need to include an account statement since Plaintiff originally mailed the interrogatories in aid of execution on April 20, 2010, covering three (3) statement periods. 14. For interrogatory twenty-four, Defendant has responded "unknown" in regards to goods and services he anticipates performing for any third party. 15. Defendant has failed to respond to interrogatory twenty-five which asks for the exact location of all materials, furniture, fixtures and equipment used by the Defendant or used in the business of any successor in interest to the Defendant. 16. Plaintiff has reason to believe Defendant has provided false information in response to some of the interrogatories. Based on this belief, Plaintiff is inclined to believe Defendant has also not truthfully responded to other interrogatories. 17. For interrogatory three, Defendant claims to have no interest in any business, professional partnership or joint venture. Pennsylvania state public records show Defendant is listed as the owner of at least two businesses. 18. For interrogatory four, Defendant claims to have no interest in any real estate in this state or elsewhere. Cumberland County public records show Defendant to be the owner of at least one property. 19. Based on Defendant's inaccurate and incomplete responses, Plaintiff believes Defendant may have additional assets which he is hiding. 20. The undersigned believes Defendant is deliberately thwarting the judicial process in order to avoid plaintiff's right to collect legal judgment. 21. Plaintiff believes defendant to be intentionally failing to give truthful and accurate answers in an attempt to prolong collection and increase plaintiff's costs. WHEREFORE, plaintiff respectfully requests the Court issue the attached Order requiring Defendant respond to the Interrogatories in Aid of Execution in a complete and accurate manner subject to further sanctions for inaccurate responses. In the alternative, Plaintiff respectfully requests the Court Order that Defendant submit to oral deposition at Defendant's cost, which is necessary due to Defendant's continued failure to adequatel y respond to the interrogatories in aid of execution. Date: 40aQ- M k W. Allshouse, r I 1he Elder Law and onsumer Protection Clinic Dickinson School of Law Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, certify that on August 10, 2009, I served the foregoing document by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date: to r By: 1 Hannah R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 EXHIBIT L MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-05672 Civil Action- Law RULE TO SHOW CAUSE AND NOW, this 13 day of August, 2010, upon consideration of the foregoing Motion, it is hereby ordered that A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; and 2. The defendant shall file an answer to the Motion within 00 days of service upon the defendant. By The Court: M. L. Ebert, Jr., /4/,G J. A v EXHIBIT M MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law RULE TO SHOW CAUSE AND NOW, this 13 day of August, 2010, upon consideration of the foregoing Motion, it is hereby ordered that 1. A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; and 2. The defendant shall file an answer to the Motion within 04 days of service upon the defendant. By The Court: ,s, '74 . . M. L. Ebert, Jr., /??G J. MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-05672 Civil Action- Law RULE TO SHOW CAUSE AND NOW, this - day of August, 2010, upon consideration of the foregoing Motion, it is hereby ordered that 1. A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; and 2. The defendant shall file an answer to the Motion within - days of service upon the defendant. By The Court: M. L. Ebert, Jr., J. Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-05672 Civil Action- Law ORDER AND NOW, this day of- 2010, upon consideration of plaintiff's motion to compel complete answers to interrogatories in aid of execution, it is hereby ORDERED that Plaintiff's motion is GRANTED. Defendant shall make full and complete answers to the interrogatories within ten (10) days of the date of this order or appropriate sanctions will be imposed upon defendant following application to the court, including, but not limited to the possibility of an oral deposition to be taken by plaintiff at defendant's sole cost and expense. M. L. Ebert, Jr., J Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law MOTION TO COMPEL COMPLETE ANSWERS TO INTERROGATORIES IN AID OF EXECUTION Plaintiff, Mary Permelia, by and through her undersigned counsel, respectfully moves this Court to issue an order requiring Defendant respond to the Interrogatories in Aid of Execution in a complete and accurate manner. In support thereof Plaintiff avers the following: 1 Plaintiff filed a Motion Requesting Rule be Made Absolute on July 26, 2010 requesting the Court grant an Order requiring Defendant respond to the Interrogatories in Aid of Execution. (A true and correct copy of the Plaintiff s Motion is attached hereto as Exhibit A). 2. In consideration of Plaintiff s July 26, 2010 Motion, this Court issued an Order, requiring defendant respond to the interrogatories in aid of execution with full and complete answers within ten (10) days. (A true and correct copy of the Court's July 27, 2010 Order attached hereto as Exhibit B). 3. On July 26, 2010 plaintiff received from defendant significantly limited and very incomplete responses to interrogatories in aid of execution. (A true and correct copy of Defendant's response is attached hereto as Exhibit Q. 4. Defendant has essentially asserted that he owns no property, has no financial assets, and anticipates no pending income. 5. Defendant has responded "no" to nineteen of the twenty-five interrogatories. 6. For interrogatory seven, Defendant claims to have no interest in any motor vehicle. 7. For interrogatory eight, Defendant claims to have no interest in any construction vehicle and/or machine, despite advertising and operating a construction company. 8. For interrogatory eighteen, Defendant claims to have no interest in any other assets not already disclosed. 9. For interrogatory nineteen, Defendant claims to have not sold, assigned, given or traded any tangible or intangible personal property or interest in personal property with a value of $100 or more within the last two years. This response infers Defendant has maintained, as implicated by his responses, a status of having no assets for at least two years. 10. Defendant has failed to fully and completely respond to some of the interrogatories. 11. For Interrogatory two, which requests Defendant's current address and telephone number, Defendant has only responded with his address. Defendant has failed to include a current telephone number. 12. For Interrogatory ten, Defendant has provided the location and account numbers for two accounts but has only provided the current balance for one of these accounts. Defendant has failed to state in whose name the accounts are held and provide copies of account statements, stating "Account statements are thrown out after I look at them." 13. Defendant has been on notice of a need to include an account statement since Plaintiff originally mailed the interrogatories in aid of execution on April 20, 2010, covering three (3) statement periods. 14. For interrogatory twenty-four, Defendant has responded "unknown" in regards to goods and services he anticipates performing for any third party. 15. Defendant has failed to respond to interrogatory twenty-five which asks for the exact location of all materials, furniture, fixtures and equipment used by the Defendant or used in the business of any successor in interest to the Defendant. 16. Plaintiff has reason to believe Defendant has provided false information in response to some of the interrogatories. Based on this belief, Plaintiff is inclined to believe Defendant has also not truthfully responded to other interrogatories. 17. For interrogatory three, Defendant claims to have no interest in any business, professional partnership or joint venture. Pennsylvania state public records show Defendant is listed as the owner of at least two businesses. 18. For interrogatory four, Defendant claims to have no interest in any real estate in this state or elsewhere. Cumberland County public records show Defendant to be the owner of at least one property. 19. Based on Defendant's inaccurate and incomplete responses, Plaintiff believes Defendant may have additional assets which he is hiding. 20. The undersigned believes Defendant is deliberately thwarting the judicial process in order to avoid plaintiff's right to collect legal judgment. 21. Plaintiff believes defendant to be intentionally failing to give truthful and accurate answers in an attempt to prolong collection and increase plaintiff's costs. WHEREFORE, plaintiff' respectfully requests the Court issue the attached Order requiring Defendant respond to the Interrogatories in Aid of Execution in a complete and accurate manner subject to further sanctions for inaccurate responses. In the alternative, Plaintiff respectfully requests the Court Order that Defendant submit to oral deposition at Defendant's cost, which is necessary due to Defendant's continued failure to adequately respond to the interrogatories in aid of execution. Date: 4"D- Mark W. Allshouse41(nqsZer tee Elder Law and Protection Clinic Dickinson School of Law Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, certify that on August 10, 2009, I served the foregoing document by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date: t? ? c BY Hannah R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 I? EXHIBIT A Mark W. A.llshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERIVIELLA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-05672 Civil Action- Law ORDER AND NOW, this day of s motion requesting rule be made absolute and after recei0ving ooresponsse to considerationthe Rule to Show Cause issued by this Court on June 28, 2010, it is hereby ORDERED that Plaintiffs Show GRANTED. motion is Defendant shall make full and complete answers to the interrogatories within ten (1 days of the date of this order or appropriate sanctions will be unposed upon defendant application to the court. following M. L. Ebert, Jr., J Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT 112 Big Pond Rd. Shippensburg, PA 17257 Defendant No. 08-05672 Civil Action- Law MOTION REQUESTING RULE BE MADE ABSOLUTE Plaintiff, Mary Permelia, by and through her undersigned counsel, respectfully this Court to issue an order making the Rule to Show Case issued by this Court on June 28, 2010 absolute. In support thereof Plaintiff avers the following: 1 Plaintiff filed a Motion to Compel Discovery Requests on June 24, 2010 requesting the Court grant an Order requiring Defendant respond to the Interrogatories in Aid of Execution. 2. In consideration of Plaintiff s June 24, 2010 Motion, this Court issued a Rule to Show Cause on June 28, 2010, returnable on or before July 23 2010. (A true and correct copy of the Court's June 28, 2010 Order issuing the rule is attached hereto as Exhibit A). 3. As of the date of filing of this document, Defendant has failed to return the Rule, or otherwise respond to the June 28, 2010 Order. 4. Defendant has failed to respond to, comply with, or otherwise acknowledge any attempt by Plaintiff to collect the arbitration award, including the Order dated June 29, 2010 issued by this Court. WHEREFORE, plaintiff respectfully requests the Court issue the attached order making the rule absolute. Date: 0 CU t ark W. Allshouse, quire The Elder Law and onsumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. ROGER HOSFELT Defendant No. 08-05672 Civil Action- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Hannah R. Suhr, certify that on 2009, I served the foregoing document by placing a true and correct copy of the same in the United States first class prepaid, addressed as follows: mail, postage Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date: By: Ham R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 EXHIBIT B UUL (-I Lv,v CAUL Mark W. Allshouse, Esquire Attorney I.D. No. 78014 The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 MARY PERMELIA 123 Three Turns Road IN THE COURT OF COMMON PLEAS Biglerville, PA 17307 CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. ROGER HOSFELT No. 08-05672 112 Big Pond Rd. Shippensburg, PA 17257 Civil Action- Law Defendant ORDER AND NOW, this ?_ day of motion requesting 2010, upon consideration of plaintiff s 2*and, Cause iss ed by this?Court on u absolute and ceiving response to the Rule to Show GRANTED eby ORDERED that plaintiff s motion is Defendant shall make full and complete answers to the days of the date interrogatories within ten of this order or appropriate sanctions will be unposed upon defen (10)dart following . LVEe-rt, Jr., r EXHIBIT C MARY PERMELIA 123 Three Turns Road Biglerville, PA 17307 Plaintiff V. ROGER HOSFELT 112 Big Pond Road Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-05672 Civil Action - Law Jury Trial Demanded Interrogatories to Defendant in Aid of Execution To Roger Hosfelt (Garnishee): Date: April 20, 2010 The Plaintiff is seeking to collect on the Arbitration Award Judgment which it has secured against you in this case and needs information about your assets. You are required under Pa. R.C.P. Nos. 3117 , 3144, and 4006 to provide answers under oath or verification to the following Interrogatories within twenty days after their service upon you to Mark W. Allshouse, Esquire, 45 North Pitt Street, Carlisle, Pennsylvania, 17013. I. Definitions and Instructions 1. "Documents" is used in its broadest sense and means the original, or, if unavailable, a complete copy, and each copy which is non-identical because of marginal notations, revisions or otherwise, of any medium, upon which anything is recorded or from which anything can be recorded to include, without limitation, the following: letters, correspondence, memorandum, notes, reports, records, pictures, recordings, diaries, calendars, papers, date sheets, bills, contracts, computer printouts, information in computers, inter-office and intea-office communications, logs, drawings, graphs and charts. 2. "Machine" means any item with an electrical and/or gasoline motor that has a manufactured suggested retail price of $100 or greater. 3. "Person" means any natural person, corporation, partnership, association, or other entity. 4. "You" mean Roger Hosfelt. 5. "Identify," when used in reference to a communication, means to set forth: a. The identification of the person by whom, and each person, to whom, each such communication was made and all persons present at the time; b. The date and time the communication was made; c. The place at which it was made; d. The means by which it was made (e.g. telephone, electronic transmission, facsimilie, letter, or in person);, and e. The substance of the communication 5. "Identity" or "Identification," when used in reference to a person, means to set forth the person's: a. Full name; b. Present or last known home address and telephone number; c. Present or last known business address and telephone number; d. Present or last known employer or affiliation e. Title, rank or position at time of involvement with you; and f. For persons other than natural persons the name and address of each officer and general manager. 6. "Identify," when used in reference to documents, means to set forth: a. The nature of the documents (ex. letter, memorandum, contract, personal notes); b. The date thereof; c. The identification of each author, addressee and recipient; d. The title of the document and short description of its subject matter; e. Any file number, identifying mark, or code of the document; and f. The location of the document by address, city and state, and the identification of the present custodian. 7. The plural include the singular, and vice versa. 8. Masculine includes feminine, and vice versa. 9. The conjunctive includes the disjunctive, and vice versa. II. Interro atg ones 1. Identify all person answering these interrogatories on behalf of the Defendant for each person, state their relationship to the Defendant. ?f 1,1j411 /' -? 11,5W,-OZ11 27 Pse T„??P"tia1 ? /0'r- ?°s 2. State the current address and telephone number for the Defendant. S3Z S 3. Is the Defendant jointly or individually associated in a business or professional partnership or joint venture? If so, identify: a. The name of the partnership and/or joint venture b. The members of the partnership and/or joint venture; c. The nature of the business of the partnership and/or joint venture d. The percentage of Defendant's interest; e. The estimated value of the Defendant's interest; and f. Defendant's average gross and net annual compensation ,V1*A we Ave 4. Does the Defendant own any interest in any real estate in this state or elsewhere either individually or jointly with another individual or entity? If so, as to each such interest state: a. The full address and location of the real estate; b. The market value of the real estate; c. The nature and extent of the Defendant's interest in the real estate, including joint, reversionary, remainder, leasehold, contingent or beneficial interest; d. The date the Defendant acquired its interest; and e. If there are any mortgages on such real estate, state as to each mortgage the outstanding obligation of the mortgage. A/? Ve 11641&sl-?l / - Ot /11Y S / /V "Ir 5. Has the Defendant or anyone on behalf of the Defendant, conveyed or transferred any interest in any real estate to anyone within the last two years? If so, as to each such interest explain: a. The property interest that was conveyed and/or transferred; b. When the interest was conveyed and/or transferred; and c. To whom the interest was conveyed and/or transferred 5"Y/40/ Iva aW'V Aim 6. Does the Defendant hold a mortgage on any other security interest or I any real estate? If so, explain by providing as to each such property: a. The address of the property; and b. The nature and amount of the security interest N( 7. Does the Defendant own a motor vehicle or any interest in a motor vehicle either individually or jointly with another person or entity? If so, state as to each vehicle: a. The make, model, year, color, current mileage, and vehicle identification number (VIN) of the vehicle; b. The name that appears on the registration or title certificate; and c. The balance due on any outstanding purchase money security interest in the motor vehicle. A'1? 8. Does the Defendant own a construction vehicle and/or construction machine, or any interest in a construction vehicle and/or construction machine, either individually or jointly with another person or entity? If so, state as to each vehicle: a. The make, model, year, current market price; b. The name that appears on the registration or title certificate; and c. The balance due on any outstanding purchase money security interest in the motor vehicle and/or machine. /Y? 9. Does the Defendant own or have any interest in any marketable securities? If so, identify each security, and produce copies of account statements or other evidence of title to the securities. N° 10. Does the Defendant own or maintain any savings or checking accounts, certificates of deposit, money market accounts, mutual fund accounts, either individually or jointly with another individual or entity or in the name of any entity in which the Defendant has any ownership interest or other involvement? If so, for each account state: a. In whose name are they owned? b. Where are they located? c. Account number(s). d. Copies of account statements. Z3 /9 7e' /?M? 4,4 r 11. Does the Defendant have any interest in any patent, copyright or trademark or any patentable invention or copyrightable material? If so, as to each interest, explain by describing the: a. Nature of the intellectual property interest owned; and b. The amount of income derived therefrom. ,VG 12. Does the Defendant have any uncollected debts, accounts receivable, or other monies that are due to the Defendant either jointly or individually? If so, for each please explain: a. From whom and for how much; and b. For what type of debt. 13. Are there any unsatisfied judgments of a record in favor of the Defendant in any action or have any judgments been assigned to the Defendant? If so, for each please explain: a. The court where the judgment was obtained and when; and b. The amount of the judgment. 14. Does the Defendant hold any security interest in or lien on personal property? If so, as to each such security interest or lien, state: a. The description of the personal property, including the identity of present owner; b. The nature and amount of the security interest or line, including the identification of any court action involved; and c. The date when Defendant(s) acquired the security interest or lien. 15. Does the Defendant have any right, interest, financial advantage or prospect therefore under any contract, insurance or other claim, cause of action or pending lawsuit in the courts of this or any other state or in the federal courts? If so explain. ('1a 16. Is the Defendant the beneficiary of any trust? If so, explain by providing: a. A copy of the trust; b. Description of the property held by or income produced from the trust; and c. The extent of the Defendant's interest in the trust. ?D 17. Has the Defendant received any money, or interest in real or personal property under any will or inheritance, or have you been notified of any interest in any decedent's estate since 2000? If so, for each state the following: a. Name of the deceased; b. Date of death; and c. Where the will is being probated. M 18. Does the Defendant own or have an interest in any other assets not already disclosed? If so, please identify the same and the current location of each. /0 1 19. Has the Defendant sold, assigned, given or traded any tangible or intangible personal property or interest in personal property with a value of $100 or more to anyone within the last two years? If so, explain N? 20. Is the Defendant owed any federal, state or local tax refund? If so, identify each taxing authority, the period for which taxes are due to you and the exact or estimate the amount of the refund. Provide copies of tax returns for tax years 2008 and 2009. ,?? Sys e/? ole, os ,-? ?- .?! std w,? ? m? I/V 21. Has the Defendant assigned any interest it has in any contracts to another individual or entity within the last two years? If so, for each contract assigned, identify: a. Nature of the contract; b. Individual or entity to whom the contract was assigned; c. The date when the contract was assigned; d. All parties to the contract; and e. Provide a copy of each contract assigned. //Vp 22. Does the Defendant currently have-any executor contracts? If so, for each contract, identify: a. Nature of the contract; b. Anticipated completion date and/or termination date of the contract; c. All parties to the contract; and d. Provide a copy of each contract. A/d 23. Is the Defendant currently providing goods to or performing services for any third party? If so, for each third party, state: a. Nature of the job; b. The exact location of the job; c. The name of the third party; d. The potential amount the Defendant will receive for the job; and e. The date the Defendant anticipates receipt. 24. List all goods and services the Defendant anticipates performing for any third party, including without limitation, all goods not yet provided and all services not yet performed. 25. State the exact location of all materials, furniture, fixtures and equipment used by the Defendant or used in the business of any successor in interest to the Defendant. Date: Q Respectfully submitted, By: Pk W. Allshouse, q. me Court ID # 014 Matthew Noumoff The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 MARY PERMELIA IN THE COURT OF COMMON PLEAS 123 Three Turns Road CUMBERLAND COUNTY, PENNSYLVANIA Biglerville, PA 17307 ; Plaintiff V. : NO. 08-05672 ROGER HOSFELT 112 Big Pond Road Civil Action - Law Shippensburg, PA 17257 Jury Trial Demanded Defendant CERTIFICATE OF SERVICE I, Matthew J. Noumoff, Certified Legal Intern, certify that I served the foregoing Interrogatories in Aid of Execution, by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Mr. Jason Kelso, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Date: 4 D Matthew J. Noum ff The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 T EXHIBIT N PENNSTATE ?. l fie 1J1cKinson School of Law Elder Law and Consumer Protection Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University October 25, 2010 Mr. Roger Hosfelt 112 Big Pond Road Shippensburg, Pa 17257 The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013 Tel: 717-240-5152 Fax: 717-241-3596 Re: Permelia v. Hosfelt Dear Mr. Hosfelt: As per our conversation on October 8, 2010, I would like to schedule a time for a deposition in order to receive full responses to the interrogatories we had previously sent. During our conversation you had indicated that you would need to check your calendar and get back to me. I have not yet heard back from you regarding the conversation on October 8, nor have I had heard back regarding a message I left for you on October 14, 2010. As indicated in my message on October 14, 2010, since I have not heard back from you, I am providing you with dates that I am available for this deposition. Please respond by November 1, 2010 regarding your availability for these dates. Only one date needs to be chosen, but if you are able to provide more than one date, that would be beneficial for scheduling purposes. Available dates and times: Monday November 15, 2010 9:00 A.M. Monday November 15, 2010 1:00 P.M. Wednesday November 17, 2010 9:00 A.M. Monday November 22, 2010 9:00 A.M. Monday November 22, 2010 1:00 P.M. Tuesday November 23, 2010 9:00 A.M. Tuesday November 23, 2010 1:00 P.M. Wednesday November 24, 2010 9:00 A.M. Wednesday November 24, 2010 1:00 P.M. Monday November 29, 2010 1:00 P.M. PENNSTATE The Dickinson Elder Law and Consumer Protection Clinic The Dale F. Shughart Tel: 717-240-5152 School of Law A service to the community by students Community Law Center Fax: 717-241-3596 from The Dickinson School of Law of 45 North Pitt Street The Pennsylvania State University Carlisle, PA 17013 If I do not hear from you by November 1, 2010,1 will unilaterally choose a date and schedule the deposition. Your appearance at the deposition is mandatory and can only be excused by my client's consent or order of the court. Therefore, your participation in scheduling the deposition is to your advantage. If you have any questions, please feel free to call me at 717-240-5152. Sincerely, Hannah R. Suhr ark W. Allshouse, squire Certified Legal Intern Supervising Attom THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. s EXHIBIT 0 PENNSTATE The Dickinson Elder Law and Consumer Protection Clinic The Dale F. Shughart Tel: 717-240-5152 School of Law A service to the community by students Community Law Center Fax: 717-241-3596 from The Dickinson School of Law of The Pennsylvania State University November 12, 2010 Mr. Roger Hosfelt 112 Big Pond Road Shippensburg, Pa 17257 Re: Permelia v. Hosfelt Dear Mr. Hosfelt: 45 North Pttt Street Carlisle, PA 17013 As per our conversation on November 8, 2010, I have scheduled a deposition, as had requested, on November 24, 2010 at 1:30 PM. The location for this deposition will be the Dale F. Shughart Community Law Center, 45 North Pitt Street, Carlisle, PA 17013. Enclosed please find a copy of the notice of deposition dated November 11, 2010. PLEASE NOTE THE LIST OF DOCUMENTS INCLUDED ON THE NOTICE OF DEPOSITION, WHICH YOU WILL BE REQUIRED TO BRING WITH YOU TO THE DEPOSITION. If you have any questions, please feel free to call me at 717-240-5152. Sincerely, Hannah R. Suhr Certified Legal Intern Reviewed By: Douglas R. Roeder, Esquire Supervising Attorney THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARY PERMELIA IN THE COURT OF COMMON PLEAS 123 Three Turns Road CUMBERLAND COUNTY Biglerville, PA 17307 , PENNSYLVANIA Plaintiff V. ROGER HOSFELT No. 08-05672 112 Big Pond Rd. Shippensburg, PA 17257 Civil Action- Law t Defendant -- -? F IZ); NOTICE OF DEPOSITION + v, TO: Mr. Roger Hosfelt 112 Big Pond Road Shippensburg, Pa 17257 PLEASE TAKE NOTICE that the undersigned will take the testimony on oral examination of the above-named before a Notary Public or other person authorized to administer oaths on November 24, 2010 at 1:30 PM, and thereafter from day to day as the taking of the deposition may be adjourned, at Elder Law and Consumer Protection Clinic, Dale F. Shughart Community Law Center, 45 North Pitt Street, Carlisle, PA 17013. You are hereby notified to appear and take part in this examination. The information to be inquired is relevant to the subject matter involved in this action, is not privileged. You are to bring with you the following: 1 • Copies of any and all documents which show ownership for any and all businesses which you own an interest in. 2. Copies of any and all tax returns for 2008 and 2009 for any and all businesses which you own and interest in. 3. Copies of any and all deeds for any and all real property for which you have an ownership interest. 4. Copies of 2008 and 2009 tax assessments for any real property for which you have an ownership interest. 5. Copies of any and all mortgages or obligations and/or proof of any obligation owed on any real property for which you have an ownership interest. 6. Any and all documents showing proof of a transfer of any real property for which you had an ownership interest, which was transferred within the past two years. 7. Any and all documents relating to any and all security interest or mortgages which you hold. on any other real property. 8. Copies of any and all vehicle registrations of any and all vehicles for which you have an ownership interest. 9. Copies of account statements or other evidence of title for any and all marketable securities for which you have an ownership interest. 10. Copies of an account statement and proof of ownership for any and all savings accounts, checking accounts, certificates of deposit, money market accounts, or mutual funds for which you have an ownership interest. 11. Copies of proof of ownership and proof of income derived from any and all patents, copyrights, trademarks, patentable inventions or copyrightable material for which you have an ownership interest. 12. For any and all unsatisfied judgments for which you hold an ownership interest, provide a copy of the judgment. 13. For any and all trusts which you are listed as a beneficiary in any amount, please provide a copy of the trust and proof of your ownership interest. 14. Your personal 2008 and 2009 tax returns, whether filed individually or jointly with another person. The deposition will not violate any of the restrictions of the Pennsylvania Rules of Civil Procedure. Penn State Dickinson School of Law Elder Law and Consumer Protection Clinic Douglas R. Roeder, Esquire Attorney I.D. No. 80016 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Dated: Fax: 717-241-3596 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA Plaintiff V. I No. 08-05672 ROGER HOSFELT Civil Action- Law Defendant Jury Trial Demanded CERTIFICATE OF SERVICE 1, Hannah R. Suhr, certify that on November 12, 2010, 2010, I served the foregoing document by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Roger Hosfelt 112 Big Pond Road Shippensburg, PA 17257 Date: Z. o By: annah &R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 EXHIBIT P The Dickinson ® School of Law November 24, 2010 -- -aw and Consumer Protection Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University Mr. Roger Hosfelt 112 Big Pond Road Shippensburg, Pa 17257 Re: Permelia v. Hosfelt Dear Mr. Hosfelt: The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013 Tel: 717-240-5152 Fax: 717-241-3596 This letter is in response to our deposition scheduled for today, November 24, 2010 As stated in the notice of deposition and our letter dated November 12, 2010, you were required to bring documents to this deposition, which you failed to do. As a courtesy, we will give you ten (10) days to provide these documents. They may be mailed to the Elder Law and Consumer Protection Clinic at 45 North Pitt Street, Carlisle, Pa 17013. If you fail to provide these documents within ten (10) days, we anticipate bringing contempt proceedings against you. If you have any questions, please feel free to call me at 717-240-5152. Sincerely, K- annah R. uhr Certified Legal Intern Reviewed By: Douglas R. Roeder, Esquire Supervising Attorney THIS LETTER IS AN ATTEWT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. T EXHIBIT Q TO: 11/24/10 Appearance Fee and note taking only. Transcript not ordered Total Amount Leary Reporting Court Reporters 112 West Main Street Suite #200 Mechanicsburg, PA 17055 FAX(717)691-7768 (717)233-2660 Email: Learyreporting@aoLcom INVOICE #GL210444-A EIN # 25-1779774 Date December 6, 2010 Elder Law & Consumer Protection Clinic ATTENTION. Dickenson School of Law Attorney Roeder 45 North Pitts Street Carlisle, PA 17013 Please return a copy of this invoice with your payment. Permeria vs Hosfelt TERMS: UPON RECEIPT. A PENALTY OF 1.5% PER MONTH WILL BE ADDED TO INVOICES AFTER 30 DAYS. 109.25 Original Return W/Payment File MARY PERMELIA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER HOSFELT DEFENDANT NO. 08-5672 CIVIL ORDER OF COURT AND NOW, this 16th day of December, 2010, upon consideration of Plaintiff's Motion for a Rule to Show Cause why Defendant Should Not be Held in Contempt of Court; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why he should not be held in Contempt of Court. 2. A hearing on the matter will be held on Wednesday, April 20, 2011, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 3. The Sheriff shall personally serve a copy of this Order on the Defendant. By the Court, ?Mark W. Allshouse, Esquire Elder Law and Consumer Protection Clinic 45 North Pitt Street Carlisle, PA 17013 --- "Roger Hosfelt 112 Big Pond Road Shippensburg, PA V* Vt. ?4. M. L. Ebert, Jr., COPIFs rrApI a 17257 1., 12 /10 .S Ial??/?b a -o =-r a ? ri Fri 7, 0 ? o -n '? o CO D SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard Al Stewart Solicitor PEN.NSYia VANI Mary Permelia vs. Roger Hosfelt Case Number 2008-5672 SHERIFF'S RETURN OF SERVICE 12/29/2010 05:40 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 29, 2010 at 1740 hours, he served a true copy of the within Order of Court, upon the within named defendant, to wit: Roger Hosfelt, by making known unto himself personally, at 112 Big Pond Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. January 04, 2011 - D RO ERT BITNER, DEPUTY SO ANSWERS, RON f R ANDERSON, SHERIFF u. MARY PERMELIA PLAINTIFF 123 Three Turns Road Biglerville, PA 17307 V. ROGER HOSFELT DEFEDANT 112 Big Pond Road Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - C ) c ti n - Zrn x ;rj v :v r=- -V M -<> ? - -n =C) 5,<-- ra C 'm 'e ` > :Ti NO. 08-5672 CIVIL _< ORDER OF COURT AND NOW, this 20th day of April, 2011, upon consideration of the information received from the Plaintiff's Counsel that the parties have reached an agreement in this matter, the hearing scheduled for this date is cancelled. If the Defendant fails to keep the agreement, the Plaintiff may request that the contempt hearing be rescheduled. By the Court, N\%? UA M. L. Ebert, Jr., ?Mark W. Allshouse, Esquire Attorney for Plaintiff Elder Law Clinic / Roger Hosfelt, Defendant n jX01ll J. bas RY PERMELIA IN THE COURT OF COMMON PLEA -? , MA , Plaintiff CUMBERLAND COUNTY, PENNS'OV :7= t J Q V _. .? No. 08-05672 C.) . -_ - . ROGER HOSFELT, Civil Action - Law ry Defendant Jury Trial Demanded Y MOTION TO WITHDRAW AS COUNSEL OF RECORD NOW comes Robert C. Saidis, Esquire, attorney for Defendant, Roger Hosfelt, and presents this Motion to Withdraw as Counsel of Record, representing as follows: 1. Movant is Robert C. Saidis, Esquire, attorney for Defendant, with offices at 26 West High Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Roger Hosfelt, an adult individual whose last known address is 112 Big Pond Road, Shippensburg, Pennsylvania 17257. 3. The parties were engaged in arbitration on March 29, 2009, which resulted in an unfavorable decision for Defendant. 4. Defendant timely filed an Appeal of the Arbitration Award. 5. On March 9, 2012, Defendant withdrew his appeal. 6. On or around June 10, 2010, Defendant informed Movant that he had Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 retained Attorney David Breschi to represent Defendant further. 7. Movant contacted Attorney Breschi and made Defendant's file available to him. 8. Movant has had no further contact from Defendant since June 2010. 9. Moreover, Movant cannot effectively represent Defendant and Movant wishes to terminate his representation of Defendant. 10. Movant wishes to withdraw his appearance as Defendant's counsel of record. 11. As there is currently no hearing pending, withdrawal can be accomplished without material adverse effects on the interests of Defendant. 12. No Judge has been assigned this matter. 13. Pursuant to C.C.R.P. 206(2), Movant has sought concurrence from opposing counsel, Charles B. Calkins Esquire, attorney for the Plaintiff, and he concurs. WHEREFORE, Movant requests your Honorable Court to provide leave of Court and Order that Movant is withdrawn as counsel of record for Defendant, Robert Hosfelt. Respectfully submitted, SAIDIS, SUN & ROGERS Aobertj: Sak is, Esquire t-Attorney ID No. 90946 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Law Offices of Sa.idis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 MARY PERMELIA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-05672 ROGER HOSFELT, Civil Action - Law Defendant Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this it j day of March, 2012, I, Robert C. Saidis, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Motion to Withdraw as Counsel of Record by first class, United States Mail, postage pre-paid, addressed as follows: Charles B. Calkins, Esquire 110 South Northern Way York, Pennsylvania 17402 Attorney for Plaintiff David Breschi, Esquire 946 Lincoln Way East Chambersburg, Pennsylvania 17201 Roger Hosfelt 112 Big Pond Road Shippensburg, Pennsylvania 17257 Respectfully submitted, Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 SAIDIS, SULLIV? N & ROGERS Robert C/Saidis, Wquire Attorney ID No. 90946 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 MARY PERMELIA, Plaintiff V. ROGER HOSFELT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-05672 Civil Action - Law Jury Trial Demanded VERIFICATION The foregoing Motion is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4094, relating to unsworn falsification to authorities. Date: - ( ?A ' Z 11 `Robert C. Saidis, Esquire Movant Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 MARY PERMELIA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-05672 ROGER HOSFELT, Civil Action - Law Defendant Jury Trial Demanded ORDER OF COURT NOW, this 3rd day of 2012, upon consideration of the Motion of Robert C. Saidis, Esquire, to withdraw as counsel of record for Defendant, Roger Hosfelt; Robert C. Saidis, Esquire is hereby withdrawn as counsel of record for Defendant, Roger Hosfelt. By the Court, U-A? J. M ? M m -1 :z '? 1 ,> GJ i } - 3?- E ..._ - Ro('{r- ko-<-4 l -, 600,ol usek, tsf, Cop`lcS W4 led g1311 ;k- p4a ?t?rti? ri ^ :1L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA, Plaintiff V. ROGER HOSFELT, Defendant No. 08-05672 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.&C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Charles B. Calkins, Esquire and Erick V. Violago, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Plaintiff, Mary Permelia, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: June, 2012 Dated: June ) ?, 2012 By: CHARLES B. CALKINS, ESQ. #36208 By: ERIC , ESQ. #63868 110 o ern Way Yo , Pe ylvania 17402 Teleph e (717) 757-7602 Fax (717) 757-3783 ccalkins@p,slsc.com eviolagoa,gslsc.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY PERMELIA, No. 08-05672 Plaintiff V. CIVIL ACTION - LAW ROGER HOSFELT, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, .13tay of June, 2012, I, Erick V. Violago, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance, by United States Mail, addressed to the party or attorney of record as follows: Roger Hosfelt 122 Big Pond Road Shippensburg, PA 17257 Stephen M. Greecher, Jr., Esquire TUCKER ARENSBERG, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: fS, ESQ. #36208 ESQ. #202344 I I0,South ern Way York, Pe vania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 ccalkins(a aslsa.com eviolap-o(a.eslsc.com Attorneys for Plaintiff MARY PERMELIA, PLAINTIFF V. ROGER HOSFELT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5672 CIVIL ORDER OF COURT AND NOW, this 22nd day of June, 2012, upon consideration of the Plaintiff's Motion to Hold the Defendant in Contempt of Court, IT IS HEREBY ORDERED AND DIRECTED that: Y 1. A rule shall issue upon the Defendant to show cause why the relief requested by the Plaintiff should not be granted; 2. Defendant shall file an Answer to Plaintiff's Motion on or before July 13, 2012; 3. Hearing/argument on the matter will be held on Wednesday, August 15, 2012, at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, - IAVAII? y M. L. Ebert, Jr., U'. /Charles Calkins, Esquire r .? Erick Violago, Esquire Attorneys for Plaintiff Roger Hosfelt Defendant' A' - _'D / Stephen M. Greecher, Jr., Esquire = tJ bas L Opi e5 m r eo/ G/ /ice ?L MARY PERMELIA, IN THE COURT OF COMMON PLEAS OF o CUMBERLAND COUNTY, PENNSYLV IIAN 11 C- Plaintiff V. NO. 08-5672 CIVIL OnA W ROGER HOSFELT, Defendant Z O "JP ? r DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO HOLD DEFENDANT IN CONTEMPT OF COURT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Defendant is without knowledge or information as to why the Plaintiff filed a Motion for a Rule to Show Cause Why Defendant Should Not Be Held in Contempt of Court or December 14, 2010. 7. Admitted. 8. Admitted. 9. The Agreement is a written instrument that speaks for itself. It is admitted that payments provided for in the Agreement are set forth in paragraph 9. 10. It is denied that paragraph 10 accurately states the contents of paragraph 2 of the Agreement. It is admitted that Plaintiff did agree to forebear to collect on her judgment. 11. The Agreement is a written instrument that speaks for itself. It is denied that paragraph 11 fully and accurately states the contents of paragraph 3. 12. The Agreement is a written instrument that speaks for itself. It is admitted that paragraph 12 states a summary of the first paragraph of paragraph 4 of the Agreement. 13. Admitted. rz p -c 14. Admitted. 15. Denied. Defendant has made all payments required under the Agreement. Wi respect to the June 2011 and August 2011 payments, the payments were made in substantial compliance with the dates for the payments set forth in the Forbearance Agreement. With respect to the October 31, 2011 payment, that payment was made on April 25, 2012, and Defendant was not in a position to make more timely payment due to conditions set forth belo 16. Denied. Payment made as described in paragraph 16 is in substantial compliance with the Agreement. 17. Denied. Payment made as described in paragraph 17 is in substantial compliance with the Agreement. 18. Denied. The final payment on the Forbearance Agreement was made by Defendant. It is denied that Defendant is in breach of the Agreement. At or about the time the October 31, 2011 payment was due in accordance with the Agreement, Defendant's marriage fell apart. Defendant was unable to get into his home. He could not get into his office within is home. He could not even get to his checkbook. He could not generate bills in order to get pa d for work he performed for others. It was impossible for him to make the payment. When Defendant got into a position where he could make the final payment, he did so. The payme t would have been made in March 2012 rather than April 2012, but for an error by Defendant's counsel. 19. The letter dated February 17, 2012 is a written instrument which speaks for itself. It is denied that Defendant breached the Agreement. 20. It is denied that Defendant breached the Agreement. The Agreement is a writt n instrument which speaks for itself. Defendant has provided substantial financial information t the Plaintiff. Defendant has provided his 2009 tax returns. The 2010 tax returns were unavailable at that time. Defendant also provided substantial information about other assets, including real estate and businesses, all as set forth on the letter attached hereto dated 22, 2011. At that time, Defendant also provided then-current bank statements. 21. Admitted. 22. Admitted. 23. By filing this Answer to the Motion, an appearance is entered on behalf of Defendant by Stephen M. Greecher, Jr. 24. It is admitted that Defendant has paid $10,000 to Plaintiff. It is denied that any further amount is due to Plaintiff. 25. It is denied that counsel for Plaintiff is entitled to any attorney's fees in this matter. WHEREFORE, Defendant respectfully requests this Court deny Plaintiff's Motion and given that Defendant has paid all amounts due under the Forbearance Agreement order the Plaintiff to satisfy the judgment. Dated: Respectfully submitted, TUCKER N61?2I Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR DEFENDANT H BG DB:127969-1 026614-149783 VERIFICATION I, Roger Hosfelt, hereby certify that I am the defendant in this action, and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsificat to authorities. DATE: / , '2012 CERTIFICATE OF SERVICE And now, this PR T1.1 day of SO /,--\/ , 2012, I, Stephen M. Greecher, Jr., attorney for the Plaintiff hereby certify that I have this day served the foregoing document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Charles B. Calkins, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 M-T;reecher, Jr. ORIGINAL MARY PERMELIA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-5672 CIVIL 3 rnm C__ ROGER HOSFELT,' ?y N Defendant ?d P, C-) z Q r 37 ?• DEFENDANT'S MOTION FOR A CONTINUANCE OF HEARING ON PLAINTIFF% MOTION TO HOLD DEFENDANT IN CONTEMPT OF COURT 1. The Court has scheduled a hearing on August 15, 2012 at 3:00 p.m. at the Cumberland County Courthouse in the above-captioned matter. 7'4 c_, :r n? P, f?'r 2. The hearing is to be held with respect to the Plaintiff's Motion to Hold Defendant in Contempt of Court. 3. On the date of the hearing Mr. Hosfelt will not be available due to a previously scheduled commitment, as a result of which he will be out of the state. 4. Counsel for Mr. Hosfelt has discussed the relief requested in this Motion with counsel for Plaintiff and counsel for Plaintiff concurs in the relief requested. WHEREFORE, it is respectfully requested that the Court reschedule the above hearing. Respectfully su TUCKE By: tephen M. Greecher, Jr. Attorney's I.D. No. PA-36803 2 Lemoyne Drive, Ste. 200 Lemoyne, PA 17043 (717) 234-4121 Dated: 7111711,?_ ATTORNEYS FOR DEFENDANT H BGD B:128729-1 026614-149783 CERTIFICATE OF SERVICE And now, this 73z day of I, Stephen M. Greecher, Jr., attorney for the Plaintiff hereby certify that I have this day served the foregoing document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Charles B. Calkins, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 1 MARY PERMELIA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-5672 CIVIL ROGER HOSFELT, Defendant ORDER AND NOW, this lY day of2012, upon consideration of the foregoing Motion of Roger Hosfelt, Defendant herein, the hearing previously scheduled for is continued and is rescheduled for v 3 , 2012. BY THE COURT: U cn J :a Wr- ! ` : r r-:e_ -a C; ?C CZ) -p C-) I> C- ? C?NQ,w? S ? • ???r h S ? Ave- 1 zn OF ME PROTHONOTARY 2013 AUG 26 Pm,.;2: #I CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MARY PERMELIA, No. 08-05672 Plaintiff VS. CIVIL ACTION-LAW ROGER HOSFELT, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND SATISFY TO: PROTHONOTARY Please mark the Docket in the above-captioned matter settled and satisfied. Respectfully submitted, GRIFFITH,STRI LER,LE AN, SOLIN I & NS Dated: June 28,2013 By: CHA ES B.CAYTr NS,ESQUIRE Court I.D. No.3620.8 Counsel for Plaintif 110 South Northern Way York PA 17402-3737 Tele: (717) 757-7602/Fax: (717) 757-3783 Email: Cca.lkins@gs:Isc.com CERTIFICATE OF SERVICE And now, this 14 day of 2013, I, Stephen M. Greecher, Jr., attorney for the Plaintiff hereby certify that I have this day served the foregoing document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Charles B. Calkins, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Step M. Greecher, Jr.