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HomeMy WebLinkAbout09-7104l%, KOPE & ASSOCIATES, LLC SHANE B. KOPE, ESQ. Attorney ID 92207 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Plaintiff MELISSA ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. NO. 04' AN (Civil Term) JAMES RYAN WARD and : WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, Defendants. : N O T I C E TO DEFEND AND CLAIM RIGHTS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 I f KOPE & ASSOCIATES, LLC SHANE B. KOPE, ESQ. Attorney ID 92207 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com MELISSA ASKEY, Plaintiff, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. : NO. O q- '7104( (Civil Term) JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, : Defendants. COMPLAINT AND NOW comes Plaintiff, Melissa Askey, by and through her attorney, Shane B. Kope, Esq., and files this Complaint and in support thereof, avers the following: INTRODUCTION This is a civil action brought by Plaintiff, Melissa Askey (hereinafter "Plaintiff'), against Defendants James Ryan Ward and Windy Ridge Construction, Tim Krader and AAA Construction, and Handyman USA, for damages resulting from the actions, errors and omissions of all said Defendants committed during the renovation of the Plaintiff's residence at 133 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. i PARTIES 1. Plaintiff Melissa Askey is an adult individual residing at 133 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, James Ryan Ward, is an adult individual who conducts business and resides in Cumberland County, Pennsylvania. 3. Defendant Windy Ridge Construction is in the business of home renovation and other services related to these services and has a place of business located in Cumberland County, Pennsylvania and conducts business in Cumberland County, Pennsylvania, and at all time relevant hereto, Defendant Windy Ridge Construction acted by and through its agent, James Ryan Ward 4. At all times relevant hereto, it is believed and therefore averred that Ward was the owner, sole proprietor, and managing agent of Defendant Windy Ridge Construction and was acting on its behalf as well as individually in all the actions described in this Complaint. 5. Defendant, Tim Krader, is an adult individual who conducts business and resides in Cumberland County, Pennsylvania. 6. Defendant AAA Construction is in the business of home renovation and other services related to these services and has a place of business located in Cumberland County, Pennsylvania and conducts business in Cumberland County, Pennsylvania, and at all time relevant hereto, Defendant AAA Construction acted by and through its agent, Tim Krader. Page 2 of 38 f % 7. At all times relevant hereto, it is believed and therefore averred that Krader was the owner, sole proprietor, and managing agent of Defendant AAA Construction and was acting on its behalf as well as individually in all the actions described in this Complaint. 8. Defendant Handyman USA is a Pennsylvania corporation believed to have a principal place of business at 145 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania. 9. At all times relevant to this Complaint, Handyman USA was acting through its agent, broker, servants, workmen, contractors, and employees who were acting within the scope of their authority, in furtherance of Handyman USA's business and within Handyman USA's control or right of control. JURISDICTION AND VENUE 10. This action arises under the laws of the Commonwealth of Pennsylvania and is within the subject matter jurisdiction of this Honorable Court. 11. Venue is proper in the Court of Common Pleas for Cumberland County under Rules 1006(b) and 2179(a) of the Pennsylvania Rules of Civil Procedure, in that Defendants regularly conduct business in Cumberland County. Further, the property at issue is located in Cumberland County. FACTS Defendants James Ward and Windy Ridne Construction 12. On or about September 13, 2005, Plaintiff and Defendants James Ward and Windy Ridge Construction, entered into a written contract to install a 2"d floor addition to Plaintiff's residence. Page 3 of 38 13. Defendants James Ward and Windy Ridge Construction were to be begin work on the addition on March 1, 2006, and complete work on May 31, 2006. 14. Plaintiff paid Defendants James Ward and Windy Ridge Construction a deposit of $9,000.00 on January 28, 2006. 15. Defendants James Ward and Windy Ridge Construction never began work on the addition. 16. After several months, or in or around May, 2006, Defendants James Ward and Windy Ridge Construction stopped returning Plaintiff's phone calls. 17. The Plaintiff reported Defendants James Ward and Windy Ridge Construction to the police; Defendant James Ward was arrested on July 25, 2007, for theft by deception via false impression. 18. On or around August 20, 2008, the criminal charge against Defendant Ward was Nolle Prossed on the grounds that he reimbursed Plaintiff $7,000.00 of the $9,000.00 Plaintiff paid him. 19. Defendants James Ward and Windy Ridge Construction still owe Plaintiff $2,000.00. Defendants Tim Krader and AAA Construction 20. On or about July 6, 2006, Defendants Tim Krader and AAA Construction called on Plaintiff's residence to provide an estimate for the materials and labor associated with the 2nd floor addition to Plaintiffs residence. After visually inspecting the residence, Defendants Tim Krader and AAA Construction indicated that they could complete the addition within three (3) months for total costs of $122,149.00. A copy of the Proposal / Contract is attached hereto and made a part hereof at Exhibit "A." Page 4 of 38 21. On or about July 27, 2006, Plaintiff and Defendants Tim Krader and AAA Construction entered into a written contract for the addition to Plaintiff's residence, which contained therein the following in relevant parts: a. That a second floor measuring approximately 1290 square feet will be constructed on top of the first floor of Plaintiffs residence; b. That three (3) bedrooms and two (2) baths would be installed; C. That all flooring, roofing and drywall would be completed; d. That all painting would be completed; and e. That all electric, cable and phone outlets would be installed. A copy of the Proposal / Contract is attached hereto and made a part hereof at Exhibit "A." 22. In addition to the above language, the Contract also contained the following payment arrangement: a. That a deposit of $9,500.00 would be paid upfront; b. That a first installment of $42,000.00 would be paid at beginning of construction; c. That a second installment of $42,000.00 would be paid when the roof was ready to be installed; and d. That a final installment of $28,647.00 would be paid when the project was completed. A copy of the Proposal / Contract is attached hereto and made a part hereof at Exhibit "A." 23. The Plaintiff paid the deposit of $9,500.00 upon signing the Contract on July 6, 2006. 24. The Plaintiff paid the first installment of $42,000.00 on July 28, 2006. Page 5 of 38 25. The Plaintiff paid the second installment of $42,000.00 on September 25, 2006. 26. The Plaintiff paid the third installment of $20,000.00 on December 14, 2006. 27. By December 14, 2006, all but $8,647.00 of the $122,149.00 contract price had been paid to Defendants Tim Krader and AAA Construction. 28. By May, 2007, ten (10) months after Defendants Tim Krader and AAA Construction began work on the addition to Plaintiff's residence, and seven (7) months after this work was to be completed, the addition was still not complete. 29. By May, 2007, Defendants Tim Krader and AAA Construction had stopped working on the addition all together. 30. Further, by May, 2007, Defendants Tim Krader and AAA Construction had stopped returning Plaintiff's phone calls and, upon and information and belief, went to great lengths to avoid Plaintiff altogether. 31. Upon leaving the job site at Plaintiffs residence, Defendants Tim Krader and AAA Construction took a majority of the building materials with them, thereby making it impossible for Plaintiff to transfer these materials to the new contractors she had to hire to finish the job; these materials had to be replaced by the new contractors. 32. In addition, Defendants Tim Krader and AAA Construction seized or destroyed some of Plaintiff's personal tools, all of which had to be replaced. 33. Defendants Tim Krader and AAA Construction also failed to properly cover Plaintiffs house after removing its roof, which was required to add the addition onto Plaintiffs residence. As a result, the interior of Plaintiffs house suffered considerable Page 6 of 38 water damage; specifically, all the ceilings above Plaintiff's first floor need to be repaired, and the basement needs to be completely refinished. 34. Plaintiff has incurred substantial costs in remedying Defendants Tim Krader's and AAA Construction's defective, deficient and destructive work. Defendant Handyman USA 35. In June, 2007, Plaintiff was forced to hire another contractor to complete the addition; Plaintiff, therefore, contacted Defendant Handyman USA to provide her an estimate. 36. On or about June 11, 2007, Defendant Handyman USA called on Plaintiff's residence to provide an estimate for the materials and labor associated with completing the 2"d floor addition to Plaintiff's residence. After visually inspecting the residence, Defendant Handyman USA indicated that it could complete the addition within one (1) month for total costs of $20,940.00. This agreement was for labor only and Plaintiff was to provide all materials at her expense. A copy of the Proposal / Contract is attached hereto and made a part hereof at Exhibit "B." 37. On or about June 22, 2007, Plaintiff and Defendant Handyman USA entered into a written contract for the completion of the 2nd floor addition to Plaintiff's residence, which contained therein the following: a. Finish second floor addition; b. Install all hardwood flooring; C. Check air conditioning; d. Repair downstairs ceilings; Page 7 of 38 e. Install front porch ceiling; f. Install shutters on the front of the house; g. Install gutters on the porch; h. The Tradesman shall complete work as expeditiously as possible; i. Handyman USA shall perform work diligently and promptly in a workmanlike manner; and j. Appliances, assemblies, units and so on... are sold and installed to manufacturer's guarantee and / or warranty. A copy of the Proposal / Contract is attached hereto and made a part hereof at Exhibit "B." 38. In addition to the above language, the contract also contained the following payment arrangement: a. That a deposit of $1,000.00 would be paid upfront; and b. That $5,000.00 would be paid weekly over the following three (3) weeks with a final payment of $4,740.00 on the fourth week. 39. The Plaintiff paid the deposit of $1,000.00 upon signing the contract on June 22, 2007. 40. The Plaintiff paid the second installment of $5,000.00 on June 30, 2007. 41. The Plaintiff paid the third installment of $5,000.00 on July 11, 2007. 42. The Plaintiff paid the fourth installment of $5,000.00 on July 18, 20007. 43. The Plaintiff paid the fifth of $2,000.00 on September 6, 2007. 44. By this time, all but $2,740.00 of the total contract had been paid to Defendant Handyman USA. Page 8 of 38 45. By October, 2007, more than four (4) months later, the work on Plaintiff's addition was still not complete. 46. By November, 2007, Defendant Handyman USA had stopped working on the addition all together. 47. Further, Defendant Handyman USA had stopped returning Plaintiffs phone calls, despite Plaintiffs repeated attempts at reaching Defendant Handyman USA. 48. In addition to failing to complete the addition pursuant to the written contract, Defendant Handyman USA's work was severally inadequate, which resulted in additional costs to Plaintiff. For instance: a. All items to be painted were not primed first, causing additional coats of paint to be used; trim was not painted before installed, nor was any tape used when painting the trim, thereby causing trim paint to end up on the walls; when touch-up paint was used to cover the trim paint on the walls, the touch-up paint ended up on the trim. In addition, the walls were not cleaned prior to painting, so any dirt or residue on the walls were painted over, thereby causing every wall to be rough and /or even sharp in some areas. Further, outlet and switch plates were not removed while touch-up painting was done, which resulted in most outlet and switch plates having paint on them; b. When Defendant Handyman USA turned on the water to the 2nd floor, Defendant Handyman USA failed to have an employee monitor this process as promised to Plaintiff; so, when Plaintiff returned from a four (4) day weekend, she found water leaking from the 2nd floor addition though the 1St floor and into the basement, which Page 9 of 38 resulted in the collapse of the basement ceiling, damage to the carpeting in the basement, and the complete ruin of a laptop that was in the basement; c. Defendant Handyman USA failed to properly cut the drywall around the access panel in the bathroom, choosing, instead, to break off the pieces it needed to install; further, Defendant Handyman USA not only failed to clean up the broken drywall pieces and dust from inside the access panel, but it also threw trash into the opening of the access panel before the panel was screwed on to hide everything; and d. Defendant Handyman USA went as far as to use one of Plaintiffs sweatshirts to wipe paint cans and clean up spilled paint. e. All excess materials that Plaintiff paid for per the contract were either confiscated or disposed of by Handyman USA when said materials should have been returned to Plaintiff; f. Other non-excess items that Plaintiff purchased were confiscated by Handyman USA, causing Plaintiff to repurchase these items; g. Defendant Handyman USA, when installing the plumbing to the 2nd floor addition, ran everything through a pre-existing septic tank, which caused the sewage to back up into Plaintiffs house, resulting in further damage to the basement. h. The continuance water damage from the numerous incidents caused the basement walls and carpet to mold; 49. Plaintiff has incurred substantial costs in remedying Defendant Handyman USA's defective, deficient and destructive work. Page 10 of 38 COUNTI MELISSA ASKEY V. JAMES WARD AND WINDY RIDGE CONSTRUCTION BREACH OF CONTRACT 50. The averments set forth in the preceding paragraphs are incorporated herein by reference as if fully set forth herein. 51. On or about September 13, 2005, as stated, Plaintiff entered into an agreement with Defendants James Ward and Windy Ridge Construction in which said Defendants would install a 2nd floor addition to Plaintiffs home. 52. The Plaintiff paid the amount of $9,000.00 to Defendants James Ward and Windy Ridge Construction as part of that agreement. 53. Defendants James Ward and Windy Ridge Construction breached this agreement and have only provided, as a remedy, $7,000.00 of the $9,000.00 paid by Plaintiff, thereby failing to provide adequate and effective remedial measures. 54. Defendants James Ward and Windy Ridge Construction knowingly failed to begin work on the installation as agreed, despite receiving a deposit of $9,000.00 to begin said installation. 55. As a direct and proximate result of Defendants James Ward's and Windy Ridge Construction's breach of the agreement, the Plaintiff has been damaged in an amount equal to $2,000.00 plus interest' at the statutory rate from the date of the breach. Part of the interest calculation will be on the full $9,000.00, as Plaintiff was not reimbursed $7,000.00 of this amount until well after the breach. Page 11 of 38 WHEREFORE, the Plaintiff demands judgment in her favor against Defendants James Ward and Windy Ridge Construction in an amount equal to $2,000.00, together with interest2 and such further relief as the Court deems just and proper. COUNT II MELISSA ASKEY V. JAMES WARD AND WINDY RIDGE CONSTRUCTION FRAUD/INTENTIONAL MISREPRESENTATION 56. The averments set forth in the preceding paragraphs are incorporated herein by reference as if fully set forth herein. 57. Defendants James Ward and Windy Ridge Construction intentionally, recklessly, and fraudulently misrepresented known material facts to the Plaintiff, thereby causing the Plaintiff to act and rely upon those facts in entering into an agreement to hire said Defendants to install a 2nd floor addition to Plaintiffs home. 58. The facts that Defendants James Ward and Windy Ridge Construction fraudulently misrepresented are outlined in the preceding paragraphs. 59. These representations were made by Defendants James Ward and Windy Ridge Construction with the intention of misleading Plaintiff into relying upon them, in that said Defendants intended to induce Plaintiff to pay a $9,000.00 deposit for an addition it never intended to install. 60. Defendants James Ward and Windy Ridge Construction made these representations falsely and with knowledge of their falsity. z See above footnote. Page 12 of 38 61. Plaintiff justifiably relied on the information provided by Defendants James Ward and Windy Ridge Construction in determining whether to pay said Defendants a $9,000.00 deposit. 62. Plaintiffs damages were directly and proximately caused by Defendants James Ward's and Windy Ridge Construction's misrepresentations regarding their intent to begin installation on the 2nd floor addition to Plaintiffs home. 63. As a direct and proximate result of Defendants James Ward's and Windy Ridge Construction's misrepresentations, the Plaintiff has been damaged in an amount equal to $2,000.00 plus interest at the statutory rate from the date of the breach.3 WHEREFORE, the Plaintiff demands judgment in her favor against Defendants James Ward and Windy Ridge Construction in an amount equal to $2,000.00, together with interest4 and such further relief as the Court deems just and proper. COUNT III MELISSA ASKEY V. JAMES WARD AND WINDY RIDGE CONSTRUCTION NEGLIGENT REPRESENTATION 64. The averments set forth in the preceding paragraphs are incorporated herein by reference. 65. Defendants James Ward and Windy Ridge Construction made representations to Plaintiff that they would begin installing a 2"d floor addition to Plaintiffs home upon Plaintiffs payment to said Defendants of a $9,000.00 deposit. 3 See above footnotes. a See above footnotes. Page 13 of 38 66. These representations were material to the Plaintiff's decision to purchase the services of Defendants James Ward and Windy Ridge Construction in that the Plaintiff would not have retained the services of said Defendants had she known of Defendants' intention of pilfering the $9,000.00 deposit as set forth in paragraphs 12 - 19 above. 67. When these representations were made to Plaintiff, Defendants James Ward and Windy Ridge Construction knew or had reason to know that they were not truthful and accurate. 68. These representations were made by Defendants James Ward and Windy Ridge Construction with the intention of inducing Plaintiff into relying and acting upon them in that said Defendants intended to induce Plaintiff to pay $9,000.00 for a project that Defendants never intended to start. 69. Plaintiff's damages were directly and proximately caused by Defendants James Ward's and Windy Ridge Construction's misrepresentations regarding their intent to begin installation on the 2nd floor addition to Plaintiff's home. 70. As a direct and proximate result of Defendants James Ward's and Windy Ridge Construction's misrepresentations, the Plaintiff has been damaged in an amount equal to $2,000.00 plus interests at the statutory rate from the date of the breach. WHEREFORE, the Plaintiff demands judgment in her favor against Defendants James Ward and Windy Ridge Construction in an amount equal to $2,000.00, together interests and such further relief as the Court deems just and proper. 5 See above footnotes. 6 See above footnotes. Page 14 of 38 COUNT IV MELISSA ASKEY V. JAMES WARD AND WINDY RIDGE CONSTRUCTION VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. §201-1, et seq. 71. The averments set forth in the preceding paragraphs are incorporated herein by reference. 72. Defendants James Ward and Windy Ridge Construction engaged in a series of unfair and deceptive acts and practices directed against the Plaintiff under Pennsylvania's Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1, et seq. 73. These unfair and deceptive acts and representations are outlined in this Complaint's foregoing paragraphs, which are incorporated herein by reference. 74. Defendants James Ward and Windy Ridge Construction concealed and failed to disclose their intent to pilfer $9,000.00 as set forth in paragraphs 12 - 19 above. 75. Defendants James Ward and Windy Ridge Construction made these misrepresentations with the intention of inducing Plaintiff to rely upon them. 76. Plaintiff reasonably and justifiably relied on the misrepresentations made by Defendants James Ward and Windy Ridge Construction who purported to be qualified in the field of construction and who agreed to begin installation of the 2nd floor addition in return for a $9,000.00 deposit. Page 15 of 38 77. As a direct and proximate result of the Defendants James Ward's and Windy Ridge Construction's misrepresentations, the Plaintiff has been damaged in an amount equal to $2,000.00 plus interest at the statutory rate from the date of the breach. 78. The Plaintiff is entitled to treble damages8 in the discretion of the Court under the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-9.2, et seq., and this would be an appropriate case for the maximum damages allowed by law given the conduct of Defendants James Ward and Windy Ridge Construction. 79. Plaintiff is entitled to attorney fees and costs pursuant to 73 P.S. §201-9.2. WHEREFORE, Plaintiff demands that this Court enter judgment in her favor and against Defendants James Ward and Windy Ridge Construction in an amount equal to $20,000.009, together with compensatory damages, interest10, costs and such further relief as this Court may deem just and proper. COUNT V MELISSA ASKEY V. TIM KRADER AND AAA CONSTRUCTION BREACH OF CONTRACT 80. The averments set forth in the preceding paragraphs are incorporated herein by reference as if fully set forth herein. See above footnotes. 8 Treble damages should be calculated on the $9,000.00 deposit, which was the amount Plaintiff lost on the initial breach. 9 $9,000.00 x 3 = $27,000.00 - $7,000.00 = $20,000.00. 10 At least part of the interest calculation should be on the full $27,000.00. Page 16 of 38 81. On or about July 6, 2006, as stated, Plaintiff entered into an agreement with Defendants Tim Krader and AAA Construction in which said Defendants would install a 2nd floor addition to Plaintiff's home. 82. The Plaintiff paid the amount of $113,500.00 to Defendants Tim Krader and AAA Construction as part of that agreement. 83. Defendants Tim Krader and AAA Construction breached the agreement and have failed to provide adequate and effective remedial measures. 84. Defendants Tim Krader and AAA Construction negligently, knowingly, and recklessly failed to finish the 2"d floor addition to Plaintiff's home, in violation of the agreement. 85. Any work to the addition that was completed by Defendants Tim Krader and AAA Construction was negligently, knowingly, and recklessly inadequate, in violation of the agreement. 86. As a direct and proximate result of Defendants Tim Krader's and AAA Construction's breach of the agreement, the Plaintiff has been damaged in an amount to be determined plus interest at the statutory rate from the date of the breach. Plaintiffs damages include, but are not limited to: a. Loss of approximately $113,500.00 paid to Defendants Tim Krader and AAA Construction for work they failed to complete; b. Loss of approximately $60,000.00, which Plaintiff spent in an effort to not only finish the 2nd floor addition, but also to remedy the damage to the rest of her home and personal items that was caused by inadequate work on the 2nd floor addition; Page 17 of 38 c. Continued expenditure of time; and d. Continued monetary loss spent in an ongoing effort to adequately finish the 2"d floor addition, repair the rest of her home caused by the inadequate work on the 2nd floor addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. WHEREFORE, the Plaintiff demands judgment in her favor against Defendants Tim Krader and AAA Construction in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT VI MELISSA ASKEY V. TIM KRADER AND AAA CONSTRUCTION FRAUD/INTENTIONAL MISREPRESENTATION 87. The averments set forth in the preceding paragraphs are incorporated herein by reference as if fully set forth herein. 88. Defendants Tim Krader and AAA Construction intentionally, recklessly, and fraudulently misrepresented known material facts to the Plaintiff, thereby causing the Plaintiff to act and rely upon those facts in entering into an agreement to purchase said Defendants' construction services. 89. The facts that Defendants Tim Krader and AAA Construction fraudulently misrepresented are outlined in the preceding paragraphs and include, but are not limited to, said Defendants' agreement to finish the 2"d floor installation in a professional and workman like manner within three (3) months of starting the project. Page 18 of 38 90. These representations were made by Defendants Tim Krader and AAA Construction with the intention of misleading Plaintiff into relying upon them in that said Defendants intended to induce Plaintiff to pay for a 2nd floor addition to her home that Defendants (1) did not fully complete, and (2) the portion of the addition that they did complete was installed inadequately, was not fit for the purpose represented, and ultimately proved worthless; moreover, during this inadequate installation process, Defendants Tim Krader and AAA Construction actually caused damage to the 1St floor of Plaintiff's residence, as well as to various tools and materials provided by Plaintiff. 91. Defendants Tim Krader and AAA Construction made these representations falsely, with knowledge of their falsity, or recklessly as to whether they were true or false. 92. Plaintiff justifiably relied on the information provided by Defendants Tim Krader and AAA Construction in determining whether to hire said Defendants. 93. Plaintiffs damages were directly and proximately caused by the misrepresentations of Defendants Tim Krader and AAA Construction. 94. Plaintiff reasonably and justifiably relied on the representations made by Defendants Tim Krader and AAA Construction who purported to be experts in the construction industry; if Plaintiff had known said Defendants' workmanship was going to be inadequate, she would not have invested $113,502.00 for Defendants' inferior and incomplete workmanship. 95. As a direct and proximate result of the fraudulent misrepresentations and omissions of material facts, the Plaintiff has been damaged. Plaintiffs damages include, but are not limited to: Page 19 of 38 a. Loss of approximately $113,500.00 paid to Defendants Tim Krader and AAA Construction for work they failed to complete; b. Loss of approximately $60,000.00, which Plaintiff spent in an effort to not only finish the 2nd floor addition, but also to remedy the damage to the rest of her home and personal items that was caused by inadequate work on the 2"d floor addition; c. Continued expenditure of time; and d. Continued monetary loss spent in an ongoing effort to adequately finish the 2"d floor addition, repair the rest of her home caused by inadequate work on the 2nd floor addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. WHEREFORE, the Plaintiff demands judgment in her favor against Defendants Tim Krader and AAA Construction in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT VII MELISSA ASKEY V. TIM KRADER AND AAA CONSTRUCTION NEGLIGENT REPRESENTATION 96. The averments set forth in the preceding paragraphs are incorporated herein by reference. 97. Defendants Tim Krader and AAA Construction made representations to Plaintiff regarding thier ability and qualifications to adequately construct the 2"d floor addition to Plaintiffs home. Page 20 of 38 98. These representations were material to Plaintiff's decision to purchase the services of Defendants Tim Krader and AAA Construction in that Plaintiff would not have retained the services of said Defendants had she known of the Defendants' ineptness and that the 2nd floor addition would be incomplete and useless and its installation would cause damage to Plaintiff's residence and personal items. 99. When these representations were made to Plaintiff, Defendants Tim Krader and AAA Construction knew or had reason to know that they were not truthful and accurate. 100. Defendants Tim Krader and AAA Construction failed to exercise reasonable care and competence in assessing, evaluating, and attempting to construct the 2nd floor addition to Plaintiffs home. 101. These representations were made by Defendants Tim Krader and AAA Construction with the intention of inducing Plaintiff into relying and acting upon them, in that said Defendants intended to induce Plaintiff to purchase their services. 102. Plaintiff justifiably relied upon these misrepresentations in that Plaintiff relied upon the only information available to her and provided by Defendants Tim Krader and AAA Construction in determining the qualifications and suitability of said Defendants. 103. Plaintiff suffered damages, as detailed in preceding paragraphs, as a direct and proximate result of her reliance upon the misrepresentations of Defendants Tim Krader and AAA Construction in that Plaintiff would not have otherwise purchased Defendants' services. Page 21 of 38 104. As a direct and proximate result of Defendants Tim Krader's and AAA Construction's misrepresentations, the Plaintiff has been damaged. Plaintiffs damages include, but are not limited to: a. Loss of approximately $113,500.00 paid to Defendants Tim Krader and AAA Construction for work they failed to complete; b. Loss of approximately $60,000.00, which Plaintiff spent in an effort to not only finish the 2nd floor addition, but also to remedy the damage to the rest of her home and personal items that was caused by inadequate work on the 2nd floor addition; c. Continued expenditure of time; and d. Continued monetary loss spent in an ongoing effort to adequately finish the 2"d floor addition, repair the rest of her home caused by inadequate work on the 2"d floor addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. WHEREFORE, the Plaintiff demands judgment in her favor against Defendants Tim Krader and AAA Construction in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT Vlll MELISSA ASKEY V. TIM KRADER AND AAA CONSTRUCTION VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. §201-1, et seq. 105. The averments set forth in the preceding paragraphs are incorporated herein by reference. Page 22 of 38 106. Defendants Tim Krader and AAA Construction engaged in a series of unfair and deceptive acts and practices directed against the Plaintiff under Pennsylvania's Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1, et seq. 107. These unfair and deceptive acts and representations are outlined in this Complaint's foregoing paragraphs, which are incorporated herein by reference. 108. Defendants Tim Krader and AAA Construction concealed and failed to disclose known workmanship defects to Plaintiff. Defendants Tim Krader and AAA Construction made these misrepresentations with the intention of inducing Plaintiff to rely upon them in that said Defendants intended to induce Plaintiff to purchase Defendants' construction services. 109. Plaintiff reasonably and justifiably relied on the misrepresentations made by Defendants Tim Krader and AAA Construction who purported to be qualified in the field of general construction services, and if Plaintiff had known the truth, Plaintiff would not have retained said Defendants' services. 110. Defendants Tim Krader's and AAA Construction's misrepresentations and failure to disclose material facts to Plaintiff directly and proximately caused damage to Plaintiff as detailed in the preceding paragraphs. As a result of said Defendants' unlawful acts, Plaintiff suffered an ascertainable loss of money. 111. As a direct and proximate result of the Defendants Tim Krader's and AAA Construction's misrepresentations, the Plaintiff has been damaged. Plaintiffs damages include, but are not limited to: Page 23 of 38 a. Loss of approximately $113,500.00 paid to Defendants Tim Krader and AAA Construction for work they failed to complete; b. Loss of approximately $60,000.00, which Plaintiff spent in an effort to not only finish the 2nd floor addition, but also to remedy the damage to the rest of her home and personal items that was caused by inadequate work on the 2"d floor addition; c. Continued expenditure of time; and d. Continued monetary loss spent in an ongoing effort to adequately finish the 2nd floor addition, repair the rest of her home caused by inadequate work on the 2nd floor addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. 112. Plaintiff is entitled to treble damages in the discretion of the Court under the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-9.2, et seq., and this would be an appropriate case for the maximum damages allowed by law given the conduct of Defendants Tim Krader and AAA Construction. 113. Plaintiff is entitled to attorney fees and costs pursuant to 73 P.S. §201-9.2. WHEREFORE, Plaintiff prays this Court to enter judgment in her favor and against Defendants Tim Krader and AAA Construction in an amount to be determined, together with compensatory damages, interest, costs and such further relief as this Court may deem just and proper. Page 24 of 38 COUNT IX MELISSA ASKEY V. TIM KRADER AND AAA CONSTRUCTION BREACH OF IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE 114. The averments set forth in the preceding paragraphs are incorporated herein by reference. 115. Defendants Tim Krader and AAA Construction held themselves out as experts in the construction business and knew the exact purpose for which the Plaintiff was purchasing said Defendants' services and was fully aware that the Plaintiff was relying on Defendants Tim Krader and AAA Construction to install a 2nd floor addition to Plaintiff's home that was adequate, complete and habitable, thereby impliedly warranting to the Plaintiff that their services would, in fact, be suitable for the Plaintiff's needs. 116. Defendants Tim Krader and AAA Construction left a partially completed 2"d floor addition that was not only uninhabitable, but also caused further damage to Plaintiffs residence and personal items, and breached the implied warranty of fitness for a particular purpose. 117. As a direct and proximate result of Defendants Tim Krader's and AAA Construction's breach of the implied warranty of merchantability, the Plaintiff has been damaged. Plaintiffs damages include, but are not limited to: a. Loss of approximately $113,500.00 paid to Defendants Tim Krader and AAA Construction for work they failed to complete; Page 25 of 38 b. Loss of approximately $60,000.00, which Plaintiff spent in an effort to not only finish the 2nd floor addition, but also to remedy the damage to the rest of her home and personal items,that was caused by inadequate work on the 2"d floor addition; c. Continued expenditure of time; and d. Continued monetary loss spent in an ongoing effort to adequately finish the 2"d floor addition, repair the rest of her home caused by inadequate work on the 2nd floor addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. WHEREFORE, the Plaintiff demands judgment in her favor against Defendants Tim Krader and AAA Construction in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT X MELISSA ASKEY V. TIM KRADER AND AAA CONSTRUCTION BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY 118. The averments set forth in the preceding paragraphs are incorporated herein by reference. 119. Defendants Tim Krader and AAA Construction impliedly warranted that the 2"d floor addition to Plaintiffs home would be habitable and adequate. 120. The 2nd floor addition to Plaintiff's home was not habitable or adequate, and, further, caused damage to Plaintiff's residence and personal items; Defendants Tim Krader and AAA Construction thereby breached the foregoing warranty of merchantability. Page 26 of 38 121. As a direct and proximate result of Defendants Tim Krader's and AAA Construction's breach of the implied warranty of merchantability, Plaintiff has been damaged. Plaintiffs damages include, but are not limited to: a. Loss of approximately $113,500.00 paid to Defendants Tim Krader and AAA Construction for work they failed to complete; b. Loss of approximately $60,000.00, which Plaintiff spent in an effort to not only finish the 2nd floor addition, but also to remedy the damage to the rest of her home and personal items that was caused by inadequate work on the 2"d floor addition; c. Continued expenditure of time; and d. Continued monetary loss spent in an ongoing effort to adequately finish the 2"d floor addition, repair the rest of her home caused by inadequate work on the 2nd floor addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. WHEREFORE, the Plaintiff demands judgment in her favor against Defendants Tim Krader and AAA Construction in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT XI MELISSA ASKEY V. HANDYMAN USA BREACH OF CONTRACT 122. The averments set forth in the preceding paragraphs are incorporated herein by reference. Page 27 of 38 123. On or about June 22, 2007, as stated, Plaintiff entered into an agreement with Defendant Handyman USA in which the Defendant would finish the installation of the 2nd floor addition to Plaintiff's home. 124. The Plaintiff paid the amount of $18,200.00 to Defendant Handyman USA as part of that agreement. 125. Defendant Handyman USA breached the agreement and has failed to provide adequate and effective remedial measures. 126. Defendant Handyman USA negligently, knowingly, and recklessly failed to finish the 2"d floor addition to Plaintiff's home in violation of the agreement. 127. Any work to the addition that was completed by Defendant Handyman USA was negligently, knowingly, and recklessly inadequate in violation of the agreement. 128. As a direct and proximate result of Defendant Handyman USA's breach of the agreement, the Plaintiff has been damaged in an amount to be determined plus interest at the statutory rate from the date of the breach. Plaintiffs damages include, but are not limited to: a. Loss of approximately $18,200.00 paid to Defendant Handyman USA for work it failed to complete; b. Loss of approximately $40,000.00, which Plaintiff spent in an effort to not only finish the 2nd floor addition, but also to remedy the damage to the rest of her home and personal items that was caused by inadequate work on the 2nd floor addition; c. Continued expenditure of time; and Page 28 of 38 d. Continued monetary loss spent in an ongoing effort to adequately finish the 2nd floor addition, repair the rest of her home caused by inadequate work on the 2nd floor addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. WHEREFORE, the Plaintiff demands judgment in her favor against Defendant Handyman USA in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT XII MELISSA ASKEY V. HANDYMAN USA FRAUD/INTENTIONAL MISREPRESENTATION 129. The averments set forth in the preceding paragraphs are incorporated herein by reference. 130. Defendant Handyman USA intentionally, recklessly, and fraudulently misrepresented known material facts to Plaintiff, thereby causing the Plaintiff to act and rely upon those facts in entering into an agreement to purchase said Defendant's construction services. 131. The facts that Defendant Handyman USA fraudulently misrepresented are outlined in the preceding paragraphs and include, but are not limited to, said Defendant's agreement to finish the 2"d floor installation in a professional and workman like manner within one (1) month of starting the project. 132. These representations were made by Defendant Handyman USA with the intention of misleading Plaintiff into relying upon them in that said Defendant intended to induce Page 29 of 38 Plaintiff to pay for the completion of the 2nd floor addition to her home that Defendant (1) did not fully complete, and (2) the portion of the addition that it did complete was installed inadequately, was not fit for the purpose represented, and ultimately proved worthless; moreover, during this inadequate installation process, Defendant Handyman USA actually caused damage to the 1St floor of Plaintiffs residence, as well as to various tools and materials provided by Plaintiff. 133. Defendant Handyman USA made these representations falsely, with knowledge of their falsity, or recklessly as to whether they were true or false. 134. Plaintiff justifiably relied on the information provided by Defendant Handyman USA in determining whether to hire said Defendant. 135. Plaintiffs damages were directly and proximately caused by the misrepresentations of Defendant Handyman USA. 136. Plaintiff reasonably and justifiably relied on the representations made by Defendant Handyman USA who purported to be an expert in the construction industry; if Plaintiff had known said Defendant's workmanship was going to be inadequate, she would not have invested $18,200.00 for the Defendant's inferior and incomplete workmanship. 137. As a direct and proximate result of the fraudulent misrepresentations and omissions of material facts, the Plaintiff has been damaged. Plaintiffs damages include, but are not limited to: a. Loss of approximately $18,200.00 paid to Defendant Handyman USA for work it failed to complete; Page 30 of 38 b. Loss of approximately $40,000.00, which Plaintiff spent in an effort to not only finish the 2"d floor addition, but also to remedy the damage to the rest of her home and personal items that was caused by inadequate work on the 2"d floor addition; c. Continued expenditure of time; and d. Continued monetary loss spent in an ongoing effort to adequately finish the 2"d floor addition, repair the rest of her home caused by inadequate work on the 2nd floor addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. WHEREFORE, the Plaintiff demands judgment in her favor against Defendant Handyman USA in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT XIII MELISSA ASKEY V. HANDYMAN USA NEGLIGENT REPRESENTATION 138. The averments set forth in the preceding paragraphs are incorporated herein by reference. 139. Defendant Handyman USA made representations to Plaintiff regarding the ability and qualifications of said Defendant to adequately finish construction of the 2"d floor addition to Plaintiff's home. 140. These representations were material to the Plaintiffs decision to purchase the services of Defendant Handyman USA in that the Plaintiff would not have retained the services of said Defendant had she known of the Defendant's ineptness and that the 2nd Page 31 of 38 A floor addition would be incomplete and useless and its installation would cause damage to Plaintiffs residence and personal items. 141. When these representations were made to Plaintiff, Defendant Handyman USA knew or had reason to know that they were not truthful and accurate. 142. Defendant Handyman USA failed to exercise reasonable care and competence in assessing, evaluating, and attempting to finish construction of the 2"d floor addition to Plaintiff's home. 143. These representations were made by Defendant Handyman USA with the intention of inducing Plaintiff into relying and acting upon them, in that said Defendant intended to induce Plaintiff to purchase its services. 144. Plaintiff justifiably relied upon these misrepresentations in that Plaintiff relied upon the only information available to her and provided by Defendant Handyman USA in determining the qualifications and suitability of said Defendant. 145. Plaintiff suffered damages, as detailed in the preceding paragraphs, as a direct and proximate result of her reliance upon the misrepresentations of Defendant Handyman USA in that Plaintiff would not have otherwise purchased said Defendant's services. 146. As a direct and proximate result of the Defendant's misrepresentations, the Plaintiff has been damaged. Plaintiffs damages include, but are not limited to: a. Loss of approximately $18,200.00 paid to Defendant Handyman USA for work it failed to complete; Page 32 of 38 b. Loss of approximately $40,000.00, which Plaintiff spent in an effort to not only finish the 2"d floor addition, but also to remedy the damage to the rest of her home and personal items that was caused by inadequate work to the 2"d floor addition; c. Continued expenditure of time; and d. Continued monetary loss spent in an ongoing effort to adequately finish the 2nd floor addition, repair the rest of her home caused by inadequate work to the 2nd floor addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. WHEREFORE, the Plaintiff demands judgment in her favor against Defendant Handyman USA in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT XIV MELISSA ASKEY V. HANDYMAN USA VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. §201-1, et seq. 147. The averments set forth in the preceding paragraphs are incorporated herein by reference. 148. Defendant Handyman USA engaged in a series of unfair and deceptive acts and practices directed against the Plaintiff under Pennsylvania's Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1, et seq. 149. These unfair and deceptive acts and representations are outlined in this Complaint's foregoing paragraphs, which are incorporated herein by reference. Page 33 of 38 150. Defendant Handyman USA concealed and failed to disclose known workmanship defects to Plaintiff. Defendant Handyman USA made these misrepresentations with the intention of inducing Plaintiff to rely upon them, in that said Defendant intended to induce Plaintiff to purchase Defendant's construction services. 151. Plaintiff reasonably and justifiably relied on the misrepresentations made by Defendant Handyman USA who purported to be qualified in the field of general construction services, and if Plaintiff had known the truth, Plaintiff would not have retained said Defendant's services. 152. Defendant Handyman USA's misrepresentations and failure to disclose material facts to Plaintiff directly and proximately caused damage to Plaintiff as detailed in the preceding paragraphs. As a result of said Defendant's unlawful acts, Plaintiff suffered an ascertainable loss of money. 153. As a direct and proximate result of Defendant Handyman USA's misrepresentations, the Plaintiff has been damaged. Plaintiffs damages include, but *are not limited to: a. Loss of approximately $18,200.00 paid to Defendant Handyman USA for work it failed to complete; b. Loss of approximately $40,000.00, which Plaintiff spent in an effort to not only finish the 2"d floor addition, but also to remedy the damage to the rest of her home and personal items that was caused by inadequate work on the 2nd floor addition; c. Continued expenditure of time; and Page 34 of 38 d. Continued monetary loss spent in an ongoing effort to adequately finish the 2"d floor addition, repair the rest of her home caused by inadequate work on the 2"d floor addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. 154. Plaintiff is entitled to treble damages in the discretion of the Court under the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-9.2, et seq., and this would be an appropriate case for the maximum damages allowed by law given the conduct of Defendant Handyman USA. 155. Plaintiff is entitled to attorney fees and costs pursuant to 73 P.S. §201-9.2 WHEREFORE, the Plaintiff demands judgment in her favor against Defendant Handyman USA in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. COUNT XV MELISSA ASKEY V. HANDYMAN USA BREACH OF IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE 156. The averments set forth in the preceding paragraphs are incorporated herein by reference. 157. Defendant Handyman USA held itself out as an expert in the construction business and knew the exact purpose for which the Plaintiff was purchasing said Defendant's services and was fully aware that the Plaintiff was relying on Defendant Handyman USA to finish installing the 2nd floor addition to Plaintiffs home that was adequate, complete and Page 35 of 38 habitable, thereby impliedly warranting to the Plaintiff that its services would, in fact, be suitable for the Plaintiffs needs. 158. Defendant Handyman USA left a partially completed 2"d floor addition that was not only uninhabitable, but also caused further damage to Plaintiffs residence and personal items, and breached the implied warranty of fitness for a particular purpose. 159. As a direct and 'proximate result of Defendant Handyman USA's breach of the implied warranty of merchantability, the Plaintiff has been damaged. Plaintiffs damages include, but are not limited to: a. Loss of approximately $18,200.00 paid to Defendant Handyman USA for work it failed to complete; b. Loss of approximately $40,000.00, which Plaintiff spent in an effort to not only finish the 2nd floor addition, but also to remedy the damage to the rest of her home and personal items that was caused by inadequate work on the 2nd floor addition; c. Continued expenditure of time; and d. Continued monetary loss spent in an ongoing effort to adequately finish the 2nd floor addition, repair the rest of her home caused by inadequate work to the 2nd floor addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. WHEREFORE, the Plaintiff demands judgment in her favor against Defendant Handyman USA in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. Page 36 of 38 w COUNT XVI MELISSA ASKEY V. HANDYMAN USA WARRANTY OF MERCHANTABILITY 160. The averments set forth in the preceding paragraphs are incorporated herein by reference. 161. Defendant Handyman USA impliedly warranted that the 2"d floor addition to Plaintiffs home would be habitable and adequate. 162. The 2"d floor addition to Plaintiffs home was not habitable or adequate, and, further, caused damage to Plaintiffs residence and personal items; Defendant Handyman USA thereby breached the foregoing warranty of merchantability. 163. As a direct and proximate result of Defendant Handyman USA's breach of the implied warranty of merchantability, the Plaintiff has been damaged. Plaintiffs damages include, but are not limited to: a. Loss of approximately $18,200.00 paid to Defendant Handyman USA for work it failed to complete; b. Loss of approximately $40,000.00, which Plaintiff spent in an effort to not only finish the 2"d floor addition, but also to remedy the damage to the rest of her home and personal items that was caused by inadequate work on the 2"d floor addition; c. Continued expenditure of time; and d. Continued monetary loss spent in an ongoing effort to adequately finish the 2nd floor addition, repair the rest of her home caused by inadequate work on the 2"d floor Page 37 of 38 addition, attorneys' fees and costs, and the anticipated cost of securing an expert report. WHEREFORE, the Plaintiff demands judgment in her favor against Defendant Handyman USA in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. CONCLUSION For the reasons set forth above, the Plaintiff prays that this Honorable Court enter judgment in favor of Plaintiff and against all said Defendants on the foregoing Counts for the full amount of Plaintiffs damages as prayed for within each count plus interest, costs, and attorney's fees, and grant such other and further relief as this Court may deem just and equitable. Respectfully Submitted, Date: t 1Y/1 2 /z00 ? Page 38 of 38 Jur 19 07 0?t15o Ken ?N II+s .- i 1-717-7,OM190 p.1 LABOR AGREEMENT / CONTRACT - PROPOSAL ?r?l y111 ??----- ??r- 145 Salem Church Street USAk Mechanicsburg, 17050 (717)795-7100 CUSTOMER INFORMATION VISA- MASTERCARD INFORMATION 8Y>d oor,l?d?rloPo.at iputlfor'sc MllWylryn VSANCMiga MY PHONE CELLPMONE wSA I 1 r-tmC d t "' Crd1 GpOW _I l 37 R en T 17, - AP?T DA T Q ` w?s.o? DESCRIPTION LABOR PROPOSAL l? C7C?b^ A l? G r_ G v _ u 1,-xt,?40A Ac. J u ?cSY e- bc'1 ?? J W f?? A ci V TJ-11 C IQ 0a -- v ? G rl CIZ t'` Cher 1 ?/ i/ An o4l tt lam' /Y// AAr f y0 +?i /? ..- ??'(7t7 d MAKE ALL CHECKS P ABLE TO HANDYMAN USA ONLY ACCEPTANCE OF CONTRACT / PROPOSAL LABOR PROPOSAL ov.toneurp?ttrme.aHcwoi?aw??eo?irt:lolw"fir i W Ilforc7trwwear3tJzyrtaxsonperiod By signing name below. CUSNM • agrees that the larms specillcatlons e are h f Maw t e revers and conditions tiro salislociory and the terms o lod e .-? . p acc Customer lurlhor agrees gnat the proposal IS limited to visual oboorva- latent or concealed problems or An f l COU'ON JOBTDTAL STARTDATE y proposa . tions made at bmo o further damage may incur addilional charges. 6 C LESSOEPW APPNOLCONPLEMN Customer agrees to pay for or Iwntsh all maWrials separate Iron labor, unless MUSA states on contract "I thoy wiv purchaso material. NETPRICE -2 ' ! A-7 L/ BNJwCEOUE 04ECKS Payments are to be made to Handyman USA. only. Failure to do so will 0WAA6M 9^1EY0 CUM MERWA.SMS5PECTrDV jMAND OftSATt: ACTCR1r void warranty. ,s ACCEPTED ON DATE 7, 11 SIWTIJRE X JUN 19 2007 2:54 PM 1 717 798 8190 = 3t r)- VERIFICATION I, Melissa Askey, Plaintiff in this matter, verify that the statements made in the KOPE & ASSOCIATES, LLC SHANE B. KOPE, ESQ. Attorney ID 92207 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com MELISSA ASKEY, Plaintiff, V. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. (Civil Term) JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, Defendants. foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Date: 49 FILE a 1; fCE Ti=c C?TeF?Y 2009 OC i 16 Psi I : 29 1, l'Y O? ?i?? sd a7ac -70 43 ?? 1 0. .I-703IJ R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Sheriffs Office of Cumberland County i'4tov 01 Crw b",,,"t. QFFiCE'';F g.:c c..GR?Fc OF THE PRMT? ,;NOTARY 2009 OCT 28 AM 9= 4 2 PENNSYLVANIA Edward L Schorpp Solicitor Melissa Askey vs. Handyman USA Case Number 2009-7104 SHERIFF'S RETURN OF SERVICE 10/19/2009 09:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2009 at 2100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Timothy W. Krader, Sr., by making known unto himself personally, at 193 Konhaus Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/19/2009 09:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2009 at 2100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: AAA Construction, by making known unto Timothy W. Krader, Sr., Owner at 193 Konhaus Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/20/2009 08:40 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 2040 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Windy Ridge Construction, by making known unto James Ward, Owner at 590 Baltimore Pike Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/20/2009 08:40 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 2040 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James R. Ward, by making known unto himself personally, at 590 Baltimore Pike Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/26/2009 04:59 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 26, 2009 at 1659 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Handyman USA, by making known unto Ken Willis, Owner at 145 Salem Church Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $107.74 SO ANSWERS, October 27, 2009 R THOMAS KLINE, SHERIFF Page 2 Melissa Askey VS Handyman USA 2009-7104 By --^ Deput Sheriff ?-' Deput?eriff pu Sheriff KOPE & ASSOCIATES, LLC JULIE WEHNERT, ESQ. Attorney ID 307900 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com MELISSA ASKEY, Plaintiff, V. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2009-7104 (Civil Term) JAMES RYAN WARD and : WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Melissa captioned civil matter. DATE JULII 395 Ca Su , the Plaintiff in the above- HNERT, ESQUIRE ohns Church Road II, PA 17011 Court ID# 307900 CERTIFICATE OF SERVICE I, Julie Wehnert, Esquire do hereby certify that on this 9th day of November, 2009, 1 served a true and correct copy of the foregoing Praecipe for Entry of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Handyman USA 145 Salem Church Road Mechanicsburg, PA 17050 Tim Krader AAA Construction 93 Konhaus Road Mechanicsburg, PA 17050 James Ryan Ward Windy Ridge Construction 590 Baltimore Pike Mt. Holly Springs, PA 17065 OCIATES, LLC By. J e ehnert, Esq. I 07900 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff . v±l! '.J, 1 ._ ? ? v ~~ ~ ~~A~. 2Q10 ~11~ ~~ 1 ~ ~ i ~~ KOPE & ASSOCIATES, LLC JULIE WEHNERT, ESQ. Attorney ID 307900 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com I'E~~~JSYI..V~[~4iq Attorney for Plaintiff MELISSA ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PA v. NO. 2009-7104 (Civil Term) JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and :JURY TRIAL DEMANDED HANDYMAN USA, Defendants. PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment against Defendants Tim Krader and AAA Construction in the amount of $173,502.00, plus court costs and interest from May 15, 2007. Respectfully Submitted, Date: ! ~ " 1 KOPE 8~ ASSOCIATES, LLC 395 St. Johns Church Rd Camp Hill, PA 17011 T~~7'V7i) 761-7573 ~ , Julie A. Wehnert, Es uire Supreme Court I.D. # 307900 Attorney for Plaintiff (x.00 PD AT'i'~/ CK.~ 5a,(o8 ~-r#a3s8~~ No~cee ~c~ KOPE ~ ASSOCIATES, LLC JULIE WEHNERT, ESQ. Attorney ID 307900 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com Attorney for Plaintiff MELISSA ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PA v• NO. 2009-7104 (Civil Term) JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and :JURY TRIAL DEMANDED HANDYMAN USA, Defendants. PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of filing of this praecipe. Please enter a default judgment against Defendants Tim Krader and AAA Construction in the amount of $173,502.00, plus court costs and interest from May 15, 2007. Respectfully Submitted, KOPE & ASSOCIATES, LLC 395 St. Johns Church Rd Camp Hill, PA 17011 Tel~:~~(717 761-7573 I 1 Date: l (~- ~ gy: ~° l . ulie A. Wehnert, E quire Supreme Court I.D. # 307900 Attorney for Plaintiff MELISSA ASKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO.09-7104 CIVIL JAMES RYAN WARD, WINDY RIDGE CONSTRUCTION, TIM KRADER, AAA CONSTRUCTION and HANDYMAN USA, Defendants JURY TRIAL DEMANDED IN RE: PETITION OF DEFENDANT TIM KRADER DB/A AAA CONSTRUCTION TO STRIKE AND/OR OPEN JUDGMENT ORDER AND NOW, this s2 ~ day of May, 2010, the petition of defendant, Tim Krader d/b/a AAA Construction, to strike judgment is GRANTED and the judgment entered on or about January 6, 2010, is STRICKEN. BY THE COURT, Julie A. Wehnert, Esquire For the Plaintiff / Karl E. Rominger, Esquire For Defendants Ward and Windy Ridge Kevin C. McNamara, Esquire For Defendant Krader d/b/a AAA Construction ,/Barry A. Kronthal, Esquire For Defendant Handyman USA :rlm (... p-~ i E.S rn~. t ~~ I sf f3 f ~v ~r~ ~~` Hess, J. 0 s o -„ m c ~ c ~-r _ ~= w °~ ~~1 E ~ ` t J ~~ ~ ? ~~ . ~. , ~ w ~ r. r n r r. ~.~ 'ri..!''- ~ T t „~.Tr 2D1D1~~( E 8 Pit 3: 3Q -~ ,~, Gv~l,r~'- `'JiV s F ,7 - THOMAS, THOMAS 8 HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 717!237-7132 k m cn a m a ra @tt h l aw. co m Attorneys for Defendant Tim Krader, d/b!a AAA Construction MELISSA ASKEY, v. Plaintiff JAMES RYAN WARD, WINDY RIDGE CONSTRUCTION, TIM KRADER, AAA CONSTRUCTION and HANDYMAN USA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7104 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD TO: All Parties and Counsel: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS 8~ HAFER, LLP DATE: 5 / ~/j p Kevin C. McNamara, Esquire Attorneys for Defendant Tim Krader, d/b/a AAA Construction 790044-1 a ~ THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 km cnam a ra @tth law. com Attorneys for Defendant Tim Krader, d/b/a AAA Construction MELISSA ASKEY, v. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES RYAN WARD, WINDY RIDGE CONSTRUCTION, TIM KRADER, AAA CONSTRUCTION and HANDYMAN USA, Defendants NO. 2009-7104 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT TlM KRADER, D/B/A AAA CONSTRUCTION'S ANSWER WITH NEW MATTER AND CROSSCLA/MS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant Tim Krader, d/b/a AAA Construction, by and through his attorneys, Thomas, Thomas & Hafer, LLP, and answers Plaintiff's Complaint as follows: INTRODUCTION This is the Answer of Tim Krader, d/b/a AAA Construction, to the allegations of liability and damages, all of which are denied. PARTIES 1. Admitted. 2-4. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in these paragraphs and proof thereof is demanded. 5. Admitted in part and denied in part. It is admitted that Timothy Krader is an adult individual who resides in Cumberland County. It is denied that Mr. Krader continues to conduct business in Cumberland County. 6. Admitted in part and denied in part. AAA Construction was formerly in the business of home renovation and remodeling and was based in Cumberland County, Pennsylvania. AAA Construction was a sole proprietorship that was operated by Timothy Krader. 7. Admitted with qualification. It is admitted that Timothy Krader was a sole proprietor who formerly did business as AAA Construction. AAA Construction was not a legal entity. 8-9. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in these paragraphs and proof thereof is demanded. JURISDICTION AND VENUE 10-11. It is admitted that this Court has jurisdiction over the Plaintiff's causes of action and that venue is proper in Cumberland County. 790044-1 2 FACTS DEFENDANTS JAMES WARD AND WINDY RIDGE CONSTRUCTION 12-19. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. DEFENDANTS TIM KRADER AND AAA CONSTRUCTION 20. Admitted in part and denied in part. It is admitted that Mr. Krader provided an estimate dated July 6, 2006, that the estimate called for the addition of a second floor to the Plaintiff's home at a total cost of $122,149.00 and that the work contemplated was set forth in a written agreement. The proposal attached to Plaintiff's Complaint as Exhibit A is illegible and, therefore, the authenticity of this document cannot be admitted. 21. Admitted in part and denied in part. It is admitted that Timothy Krader, d/b/a AAA Construction, entered into a written contract with Melissa Chronister dated July 6, 2006. The balance of the allegations are denied. 22. Admitted, except that the second installment was to be paid when the addition was under roof. 23. Admitted except that the exact date of the payment is unknown to Mr. Krader at this time. 24. Admitted except that the exact date of the payment is unknown to Mr. Krader at this time. 25. Admitted except that the exact date of the payment is unknown to Mr. Krader at this time. 790044-1 3 26. Admitted except that the exact date of the payment is unknown to Mr. Krader at this time. By way of further answer, by the time this installment payment was made, the scope of the work contemplated by the contract had been expanded by agreement to include additional work, e.g., the movement of a utility meter, augering a sewer line, cutting and repouring a concrete pad, etc. 27. Admitted with qualification. It is admitted that by mid-December 2006, the entire contract price had not been paid and that the work was not completely finished. 28. Admitted in part and denied in part. It is admitted that by May of 2007, all of the work contemplated under the contract had not been completed, nor had all the payments required under the contract been made. However, this was due to numerous factors, including, unforeseen contingencies, changes in the original scope of work, an injury to Mr. Krader and the fact that the Plaintiff would not permit Mr. Krader's crew to re-enter the house to complete the work. 29. Admitted with qualification. It is admitted that by May of 2007, Mr. Krader had not completed the work on the addition because the Plaintiff would not permit access and would not respond to phone communication from Mr. Krader. 30. Denied. By May of 2007, the Plaintiff was refusing access to the property and not responding to telephone calls. 31. Denied. It is denied that Mr. Krader took remaining building materials with him. In fact, those building materials that had been purchased were left on the property. 32. Denied. Mr. Krader did not take any of the Plaintiffs things. 790044-1 4 33. Denied. Although it is admitted that Mr. Krader and his crew removed the roof from the existing structure at the beginning of the project, (this was obviously necessary to add a second floor to the structure), it is denied that Mr. Krader failed to properly protect the home from rain intrusion and it is denied that the interior of the Plaintiff's house suffered considerable water damage. By way of further answer, any damage to the basement was completely unrelated to anything that Mr. Krader did or didn't do on the property. 34. Denied. It is denied that the Plaintiff' incurred any costs related to defective, deficient or destructive work by Mr. Krader. DEFENDANT HANDYMAN USA 35-49. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. COUNTI MELISSA ASKEY V. JAMES WARD AND WINDY RIDGE CONSTRUCTION BREACH OF CONTRACT 50. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 49 as if fully set forth herein. 51-55. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. 790044-1 5 COUNT ll MELISSA ASKEY V. JAMES WARD AND WINDY RIDGE CONSTRUCTION FRAUD/INTENTIONAL MISREPRESENTATION 56. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 55 as if fully set forth herein. 57-63. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. COUNT 111 MELISSA ASKEY V. JAMES WARD AND WINDY RIDGE CONSTRUCTION NEGLIGENT REPRESENTATION 64. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 63 as if fully set forth herein. 65-70. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. COUNT /V MELISSA ASKEY V. JAMES WARD AND WINDY RIDGE CONSTRUCTION V1OLAT/ON OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. § 201-1, ET SEQ. 71. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 70 as if fully set forth herein. 72-79. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. 790044-1 6 COUNT V MELISSA ASKEY V. T1M KRADER AND AAA CONSTRUCTION BREACH OF CONTRACT 80. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 79 as if fully set forth herein. 81. It is admitted that Mr. Krader entered into a contract with Melissa Chronister on July 6, 2006, and that the work to be performed is described on the written agreement. 82. Admitted. 83-85. Denied. These allegations represent conclusions of law to which no response is required. 86. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is denied that any acts or omissions by Tim Krader constituted breach of contract or led to the Plaintiff's alleged damages. WHEREFORE, Defendant Tim Krader, d/b/a AAA Construction respectfully requests that Count V of Plaintiff's Complaint be dismissed without cost to him. COUNT VI MELISSA ASKEY V. TlM KRADER AND AAA CONSTRUCTION FRAUD/INTENTIONAL MISREPRESENTATION 87. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 86 as if fully set forth herein. 88-93. The allegations in these paragraphs represent conclusions of law to which no response is required. By way of further answer, it is denied that while he was 790044-1 7 3 doing business as AAA Construction, Mr. Krader made any false or fraudulent representations or misrepresentation to the Plaintiff with respect to the construction to be completed, the payment to be made for it, or that anything Mr. Krader said, did or didn't do or say caused the Plaintiff any damages. 94. Admitted in part and denied in part. After reasonable investigation, Mr. Krader is unable to say what the Plaintiff did or may have relied upon. However, any statements made by Mr. Krader were accurate when made, were based upon experience and expertise in the construction trades, and it is denied that Mr. Krader's workmanship was inadequate. The price quoted was fair for the scope of work contemplated by the parties. 95. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is denied that anything Mr. Krader said or didn't say constituted a misrepresentation, fraud or omission of any material facts, and it is denied that anything Mr. Krader did or didn't do caused the Plaintiff any damages. WHEREFORE, Defendant Tim Krader, d/b/a AAA Construction respectfully requests that Count VI of Plaintiff's Complaint be dismissed without cost to him. COUNT Vll MELISSA ASKEY V. TIM KRADER AND AAA CONSTRUCTION NEGLIGENT REPRESENTATION 96. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 95 as if fully set forth herein. 790044-1 ~ I 97. Admitted with qualification. It is admitted that Mr. Krader made representations to Melissa Chronister regarding his ability and qualifications to adequately construct a second floor addition to the Plaintiff's home. 98. Admitted in part and denied in part. It is admitted that Mr. Krader represented that he had the knowledge and expertise to perform the work contemplated by the parties' contract as Mr. Krader did, in fact, have the knowledge, expertise and experience to complete this project. It is denied that Mr. Krader was inept and it is further denied that the second floor addition was useless or caused damage to the Plaintiff's residence. To the contrary, Mr. Krader's work conferred a significant benefit to the Plaintiff. 99. Denied. The representations Mr. Krader made to the Plaintiff were truthful and accurate when made. 100. Denied. These allegations represent conclusions of law to which no response is required. 101. Denied as stated. It is admitted that Mr. Krader represented that he was a competent and qualified contractor to complete the work contemplated by the parties' agreement. It is denied that Mr. Krader misrepresented anything. 102. Denied as stated. At this time, it is impossible for Mr. Krader to determine what the Plaintiff did or may have relied upon in making her decision to retain any of the three contractors that were sued in this litigation. However, Mr. Krader avers that whatever representations he may have made to the Plaintiff were true and correct at the time they were made. 790044-1 9 y ~ ~ 103. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is denied that Plaintiff suffered any damages as a result of anything that Mr. Krader did or didn't say or do. 104. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is denied that Plaintiff suffered any damages as a result of anything that Mr. Krader did or didn't say or do. WHEREFORE, Defendant Tim Krader, d/b/a AAA Construction respectfully requests that Count VII of Plaintiffs Complaint be dismissed without cost to him. COUNT V/ll MELISSA ASKEY V. TIM KRADER AND AAA CONSTRUCTION VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. § 201-1, ET SEQ. 105. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 104 as if fully set forth herein. 106. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is denied that Tim Krader did anything in violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law. 107. Denied. The Defendant's answers to the foregoing paragraphs are incorporated herein as if set forth at length. 108. Denied. It is denied that Mr. Krader concealed or failed to disclose any material issue or problem during the construction project. It is further denied that Mr. 790044-1 1 ~ Krader made any misrepresentations to the Plaintiff to induce her to do or not do anything. 109. Denied. At this time, it is impossible for Mr. Krader to determine what the Plaintiff did or did not rely upon. However, it is denied that Mr. Krader made any misrepresentations to the Plaintiff. 110. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is denied that Mr. Krader misrepresented anything or caused any damage to the Plaintiff. 111. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is denied that Mr. Krader misrepresented anything or caused any damage to the Plaintiff. 112-113. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is denied that Mr. Krader violated the Unfair Trade Practices and Consumer Protection Law or that Mr. Krader is in any way responsible to pay the Plaintiff damages. WHEREFORE, Defendant Tim Krader, d/b/a AAA Construction respectfully requests that Count Vill of Plaintiff's Complaint be dismissed without cost to him. COUNT IX MELISSA ASKEY V. TIM KRADER AND AAA CONSTRUCTION BREACH OF IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE 114. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 113 as if fully set forth herein. 790044-1 11 115. Admitted with qualification in part and denied in part. It is admitted that Mr. Krader held himself out to be an expert in construction and home renovation and that he knew pursuant to the contract that the Plaintiff was seeking to have a second floor addition placed on the property. The balance of the allegations represent conclusions of law to which no response is required. 116. Admitted in part and denied in part. It is admitted that at the time the Plaintiff barred Mr. Krader from the property, the work was not completed on the second floor, but it is denied that the condition of the property or Mr. Krader's work on it caused further damage to the Plaintiff's residence and personal items, or that Mr. Krader breached the implied warranty of fitness for a particular purpose. 117. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is denied that Mr. Krader breached the implied warranty of merchantability or that anything Mr. Krader did or didn't do caused the Plaintiff any damages. WHEREFORE, Defendant Tim Krader, d/b/a AAA Construction respectfully requests that Count IX of Plaintiffs Complaint be dismissed without cost to him. COUNT X MELISSA ASKEY V. TIM KRADER AND AAA CONSTRUCTION BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY 118. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 117 as if fully set forth herein. 119. Denied as stated. Mr. Krader entered into a contract with the Plaintiff to build a habitable addition onto her home. The allegations that this contractual 790044-1 12 ~, arrangement gave rise to an implied warranty represents a conclusion of law to which no response is required. 120. Denied. It is denied that the work performed by Mr. Krader left the Plaintiff's home in an inadequate or uninhabitable condition or that the work caused damage to the Plaintiff's residence and personal items. The balance of the allegations represent conclusions of law to which no response is required. 121. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is denied that Tim Krader, d/b/a AAA Construction breached any implied warranty or caused any damage to the Plaintiff. WHEREFORE, Defendant Tim Krader, d/b/a AAA Construction respectfully requests that Count X of Plaintiff's Complaint without cost to him. COUNT XI MELISSA ASKEY V. HANDYMAN USA BREACH OF CONTRACT 122. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 121 as if fully set forth herein. 123-128. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. COUNT Xll MELISSA ASKEY V. HANDYMAN USA FRAUD/INTENTIONAL MISREPRESENTATION 129. Answering Defendant hereby incorporates his answers to Paragraphs.1 through 128 as if fully set forth herein. 790044-1 13 130-137. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. COUNT Xlll MELISSA ASKEY V. HANDYMAN USA NEGLIGENT REPRESENTATION 138. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 137 as if fully set forth herein. 139-146. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. COUNT XIV MELISSA ASKEY V. HANDYMAN USA VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. § 201-1, ET SEQ. 147. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 146 as if fully set forth herein. 148-155. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. COUNT XV MELISSA ASKEY V. HANDYMAN USA BREACH OF IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE 156. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 155 as if fully set forth herein. 157-159. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. 790044-1 14 '' ~ COUNT XVl MELISSA ASKEY V. HANDYMAN USA WARRANTY OF MERCHANTABILITY 160. Answering Defendant hereby incorporates his answers to Paragraphs 1 through 159 as if fully set forth herein. 161-163. These allegations are directed to parties other than Answering Defendant and, therefore, no response is required. NEW MATTER 164. Nothing that Tim Krader did or didn't do was a substantial factor or factual cause in bringing about any damage to the Plaintiff. 165. The Plaintiffs damages were caused in whole or in part by her own breaches of contract. 166. Plaintiff's claims are or may be barred or limited by the economic loss doctrine. 167. Mr. Krader performed a significant amount of work on the Plaintiff's home improvement project and conferred a significant benefit upon her. 168. Mr. Krader's work was inspected periodically by Upper Allen Township and the work approved for content and quality. 169. The Plaintiff's assertion that Mr. Krader conferred no benefit upon her and that she is entitled to recover the entire contract price plus further damages is false and frivolous. 790044-1 15 ~, ~ ~ 170. Part of the contract price paid by the Plaintiff was spent on material purchases that were incorporated into her home, thereby conferring a significant benefit upon her. 171. The Plaintiff requested and/or agreed to changes/expansion in the scope of the contract, Mr. Krader completed additional work for which payment was never made, and accordingly, he is entitled to a set-off or reduction in any damages due to the Plaintiff. 172. The Plaintiffs damages claims are excessive and unreasonable. 173. The Plaintiff has failed to set forth a cognizable cause of action or claim for treble damages or counsel fees under the Unfair Trade Practices and Consumer Protection Law. 174. The Plaintiff asserts all rights, privileges, defenses and immunities provided by the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. § 201-1, et seq. WHEREFORE, Defendant Tim Krader, d/b/a AAA Construction demands judgment in his favor. CROSSCLA/M 175. Without admitting the truth thereof, the allegations directed to James Ryan Ward, Windy Ridge Construction and Handyman USA are incorporated herein by reference. 176. If the allegations in Plaintiff's Complaint are proven to be true, then James Ryan Ward, Windy Ridge Construction and/or Handyman USA are solely responsible 790044-1 16 ~ 1 for all resulting damages or, in the alternative, James Ryan Ward, Windy Ridge Construction and Handyman USA are jointly and severally liable with Tim Krader or liable to Tim Krader for contribution. WHEREFORE, Defendant Tim Krader, d/b/a AAA Construction demands judgment in his favor. Respectfully submitted, DATE: S /'/~ ° 790044-1 17 THOMAS, THOMAS & HAFER, LLP By: ~ ~ ~~ Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Tim Krader, d/b/a AAA Construction 4 b ~ VERIFICATION I, Tim Krader, have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Tim Kr r DATE: ~.: ~r CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the ~'~'' United States mail, postage prepaid, on the ~ 7 day of %~ , 2010: Julie A. Wehnert, Esquire Kope and Associates, LLC 395 St. Johns Church Road Camp Hill, PA 17011 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP By: + C Kevin C. McNamara, Esquire 790044-1 18 .lt KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. Attorney ID 307900 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com 20{O.~EaL G8 ~'~~ ~'~ ~8 Jut, a8 pM ~ :~ CUl~rt~~_, '~I~ Attorney for Plaintiff MELISSA ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PA v. NO. 2009-7104 (Civil Term) JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and :JURY TRIAL DEMANDED HANDYMAN USA, Defendants. PLAINTIFF'S ANSWER TO DEFENDANTS TIM KRADER AND AAA CONSTRUCTION'S NEW MATTER AND NOW, comes Plaintiff, Melissa Askey, by and through her counsel, Julie A. Wehnert, Esquire, and hereby files this Answer to Defendants' Tim Krader and AAA Construction's New Matter and in support avers the following: NEW MATTER 164. Denied. Mr. Krader was hired to build a second story to Plaintiff's house. However, when Mr. Krader walked off the job $113,502 of the $122,149 contracted price was paid for a job that was not completed. Subsequently, to get the house livable has cost an additional $56,000 with extra costs yet to be determined to complete it. 165. Denied. Plaintiff paid $113,502 of the $122,149 price required by Tim Krader and AAA Construction to finish the second story. Plaintiff only stopped paying after Mr. Krader's employees stopped showing up to work on the house and would not return phone calls. Mr. Krader estimated that the project would take three months to finish. Ten months later it was still not completed. 166. This averment is a conclusion of law. Therefore, no response is required. 167. Denied. Mr. Krader left the Plaintiffs home in an uninhabitable state. As a result, the Plaintiff was denied a home equity loan to consolidate the mortgage and construction loan. 168. Denied. After reasonable investigation, answering Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in these paragraphs and proof thereof is demanded. 169. Denied. The second floor was left uninhabitable thus actually causing the house to decrease in value based on a loan appraisal. 170. Denied. After an extensive investment of time and money by Plaintiff her second floor addition was unusable. The home required significantly more work than the remaining $8,647 contract price would have suggested. A portion of the additional costs were due to materials that had already been paid for by the Plaintiff not being left at the house when Mr. Krader walked off the project. 171. Denied. There were no changes in the scope of the project. If so, there would have been addendums to the contract. 172. Denied. Plaintiff wishes to be made whole again. 173. This averment is a conclusion of law. Therefore, no response is required. 174. This averment is a conclusion of law. Therefore, no response is required. WHEREFORE, Plaintiff, Melissa Askey demands judgment in her favor and against Defendants Tim Krader and AAA Construction with costs assessed to Defendants. Respectfully Submitted, E ~ ASSOCIATES, LLC ~~ Date:~Ia"~ ~(7 Jul' A. Wehnert, Esq. .R ,. VERIFICATION I, Melissa Askey, Plaintiff in this matter, verify that the statements made in the foregoing Plaintiffs Answer to Defendants Tim Krader and AAA Construction's 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. elissa A y Date: ~~Z /~~ c7 R~~~: ~~~ 2 ~ za~o CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire do hereby certify that on this 27th day of July, 2010, I served a true and correct copy of the foregoing Plaintiffs Answer to Defendants Tim Krader and AAA Construction's New Matter via regular U.S. First Class mail, postage prepaid, addressed as follows: Barry A. Kronthal, .Esq. Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Handyman USA Kevin C. McNamara, Esq. Thomas, Thomas, & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Tim Krader, d/b/a AAA Construction Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for James Ward and Windy Ridge KOPE ~ ASSOCIATES, LLC By: Jul' A. Wehnert, Esq. I. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff KOPE & ASSOCIATES, LLC HILARY P. VESELL, ESQ. Attorney ID 308358 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com - 'R01ElOtlt3TAI DEI FEB 23 Fib Z' 23 CUMBERLAND ANtA COUHTY PENNSYLVANIA Attorney for Plaintiff MELISSA ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. : NO. 2009-7104 (Civil Term) JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, Defendants. PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Melissa Askey, Plaintiff, in the above- captioned civil matter. as Il DATE h&W wjjj HILARY P. VE L, ESQUIRE 395 St. Johns C rch Road Camp Hill, PA 17011 Supreme Court ID# 308358 Please withdraw my appearance on behalf of Melissa Askey, Plaintiff in the above rPfPrenced civil matter. b DATE ? ,, / 0 t J WEHNERT, ESQUIRE 3 St. Johns Church Road Camp Hill, PA 17011 Supreme Court ID# 307900 CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire do hereby certify that on this 22nd day of February, 2010, 1 served a true and correct copy of the foregoing Praecipe for Entry/Withdrawal of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Barry A. Kronthal, Esq. Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney-for Handyman USA Kevin C. McNamara, Esq. Thomas, Thomas, & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Tim Krader, d/b/a AAA Construction Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for James Ward and Windy Ridge KOPE & ASSOCIATES, LLC By: Hilary P. Vesell, ?q. I.D. 308358 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff MELISSA ASKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-7104 CIVIL JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and JURY TRIAL DEMAN rn-n HANDYMAN USA, z ? ,M Defendants `cam " N c?° r- x c y„c ca C:ri PRAECIPE TO WITHDRAW / ENTER APPEARANCE ?` ?o TO THE CLERK OF COURTS: Please withdraw my appearance on behalf Ridge Construction, in the above referenced docket. Date: /(I zzo/?- of the Defendants James Ryan Ward and Windy TO THE CLERK OF COURTS: arl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Please enter my appearance on behalf of the Defendants, Defendants James Ryan Ward and Windy Ridge Construction, in the above referenced docket. Date: Steven R. Snyder, Esq re Rominger & Associates 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 90994 Attorney for Defendants c ? KOPE & ASSOCIATES LLC ,7A , HILARY VESELL, ESQ. - o Attorney ID 308358 r c " `= 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 .s N (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff cri - MELISSA ASKEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA V. :NO. 2009-7104 (Civil Term) JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, Defendants. TO THE HONORABLE JUDGES OF SAID COURT: MOTION TO COMPEL Plaintiff, Melissa Askey, by and through her attorney, Hilary Vesell, Esquire, and the law firm KOPE AND ASSOCIATES, LLC, respectfully request the following: Plaintiff filed a Complaint against Defendants on October 16, 2009. 2. Plaintiff mailed First Set of Interrogatories and Request for Production of Documents (Exhibit A) to Defendants on February 24, 2011. 3. Insurance information was not originally produced at that time by Defendant Handyman USA. 4. Plaintiff mailed Second Set of Interrogatories and Request for Production of Documents (Exhibit B) to Defendant Handyman USA on December 12, 2011. 5. The main purpose of the Second Set of Request for Production of Documents was to find out the insurance carrier who represented Defendant Handyman USA at the time the incident arose which brought about this Complaint. 6. Additionally, the Plaintiff is requesting in the Second Set of Interrogatories the names of all employees from Handyman USA who personally did work at the Plaintiff's house. 7. Defendant Handyman to date has not responded. 8. Attorney Barry Kronthal represents Defendant Handyman USA. 9. On January 23, 2012, a Request for Production of Documents (Exhibit C) was against sent to Defendant Handyman USA requesting the same insurance information. 10. Again, Defendant Handyman did not answer. 11. Plaintiff now brings this Motion to Compel Discovery pursuant to Pennsylvania Rules of Civil Procedure 4006 (2) stating that answer to interrogatories and Answer to Request Upon a party for Production of Documents and Things shall be answered and served within thirty (30) days. 12. Plaintiff brings this Motion respectfully requesting the Court order Defendant Handyman USA to provide discovery as requested in Exhibit 8 pursuant to Pennsylvania Rules of Civil Procedure 4006(2) and 4009(a)(1). DISCOVERY: 13. Previous paragraphs are incorporated herein by reference. 14. Without discovery Plaintiff cannot proceed to attempt to effectively settle this matter. 15. It is believed and averred that Attorney Kronthal has been appointment by the insurance company of Handyman USA to represent Handyman USA. 16. Furthermore, the Request for Production of Documents and Interrogatories requested to be answered are short and to the point and seek only to find out Defendant Handyman USA's insurance company and employees who did work at the Plaintiff's house. 17. The Pennsylvania Rules of Civil Procedure dictate that Defendant Handyman USA provide Plaintiff with the requested discovery. WHEREFORE, Plaintiff respectfully requests that this Court Compel Discovery. Respectfully submitted, KOPE & ASSOCIATES, LLC By: fukAu /)?b Hilary Vesell, uire Attorney for Petitioner Dated: Lj 1G) I ? KOPE & ASSOCIATES, LLC HILARY VESELL, ESQ. Attorney ID 308358 395 Saint Johns Church Road, Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com Suite 101 Attorney for Plaintiff MELISSA ASKEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA V. : NO. 2009-7104 (Civil Term) JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, Defendants. CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire, hereby certify that on April 9, 2012, 1 served a copy of the foregoing Motion to Compel Discovery by first class, United States mail to the following: Handyman USA c/o Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Kevin C. McNamara, Esq. Thomas, Thomas, & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Tim Krader, d/b/a AAA Construction Steve Snyder, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for James Ward and Windy Ridge KOPE & ASSOCIATES, L Hilary Vesell, uire ID # 308358 Kope & Associates, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Shane B. Kope, Esq. ¦ Jamb M. Jividen, Esq. Julie A. Wehnert, Esq. ¦ Hilary P. Vesell, Esq. K O P E ASSOCIATES February 24, 2011 Handyman USA c/o Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 In re: Melissa Askey v. James Ryan Ward and Windy Ridge Construction and Tun Krader and AAA Construction and Handyman USA Dear Attorney Kronthal: Enclosed please find Plaintiff Melissa Askey's Interrogatories directed to Defendant Handyman USA and Plaintiff's Request for Production of Documents directed to Defendant Handyman USA in regards to the above referenced matter. Please forward any and all information to our office at the attention of Hilary Vesell, Esq. Do not hesitate to contact our office with any questions or concerns you may have regarding the enclosed. Thank you for your attention to this matter. Sincerely, DOPE & ASSOCIATES, LLC Renee M. Steinour Paralegal Enclosure cc: Kevin C. McNamara, Esq. Karl Rominger, Esq. file Smart Representation Main: 395 St. Johns Church Road ¦ Suite 101 ¦ Camp Hill, PA 17011 York: 11 East Market Street ¦ Suite 102 ¦ York, PA 17401 P 717.761.7573 r F 717.761.7572 ¦ kopelaw.com KOPE & ASSOCIATES, LLC HILARY P. VESELL, ESQ. Attorney ID 308358 395 Saint Johns Church Road, Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com Suite 101 Attorney for Plaintiff MELISSA ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. : NO. 2009-7104 (Civil Term) JAMES RYAN WARD and : WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, Defendants. To: Handyman USA c/o Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 PLAINTIFF MELISSA ASKEY'S INTERROGATORIES' DIRECTED TO DEFENDANT HANDYMAN USA PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as amended, you are required to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. STANDARD INSTRUCTIONS (1) Duty to answer - The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege - With respect to any claim or privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents - In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. DEFINITIONS AND INSTRUCTIONS A. "DOCUMENT" - writing or recordings of any kind, whether handwritten, typed, or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations, rules, and forms. B. "IDENTITY" - when used with reference to a person, shall mean and include the full name, present or last known business address, and if an individual, present or last known home address; each of his or her employees titles with respect to the period covered by these Interrogatories; a description of each duty and responsibility held by each such individual. When used with references to a document or writing, the word "identity" shall mean to include the date it was written; identify each person to how it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with a description of the document or writing as for instance, "letter", "memorandum"; include the present location and identify its custodian. If any document or writing is no longer in your possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last know location and custodian. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication, the following information should be given as to each oral communication or which you are aware, whether or not you or others were present or participated therein. This information includes the means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date; the names, addresses, employers and positions of all persons who participated in, or who were involved in communication, all other persons who were present during or who overheard that communication, the substance of who said what to whom and the order in which it was said, and whether that communication, or any part thereof, was recorded or referred to in any document. C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. D. "YOU", "YOUR" - means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. E. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. F. As used herein, the term "STATEMENT" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. These Interrogatories are deemed to be continuing in nature, in accordance with the provisions of the Pennsylvania Rules of Civil Procedure, as amended. If between the time of forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf learn the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer, was incorrect when made, or knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such supplemental Answer on the undersigned. QUESTIONS For the five years prior to the subject matter which constitutes the basis for this action and for each of the five years since that date, state the name in which your federal income tax return was filed, your gross income, adjusted taxable net income, and for each such year, the aggregate gross income stated on W-2 forms attached to your federal income tax return; if you did not file a federal income tax return, supply the requested information as contained on your state and local income tax returns. 2. Identify any insurance company or liability carrier to which your company is currently affiliated with or has been affiliated with in the past five years. 3. If anyone has ever filed suit against you for any purpose including, without limitation, a claim for injury, damage, property damage, or disability, workmen's compensation or occupational compensation to obtain benefits, identify the claim or suit, the nature of the injuries alleged in each such suit, and if said suit has been terminated, state the results of the trial or settlement, including the amounts of each recovery or settlement, if any. 4. Identify all documents, including but not limited to diagrams, permits or plans, (except reports of experts subject to Pa. R.C.P. No. 4003.5) which describe, concern, pertain to, or relate to, in any way, the home improvement and construction work performed at or upon 133 East Winding Hill Road, Mechanicsburg, PA. 5. If you have obtained from any person any oral or written statements or documents concerning the subject matter upon which this action is based or if you have given any such statements or documents to anyone, specify the identify of each such person, when, where and by whom each such statement or document was obtained or made, whether each such statement or document was oral or written and the identity of the person who has custody or possession of each such statement or document. 6. To the extent that you have not already done so, identify and describe in detail, every fact, document, item or evidence or piece of information that is in your possession or under you control that in any manner, directly or indirectly, relates to this case. 7. Identify all persons who you know or believe have knowledge of any part of the subject matter upon which this action is based or have any knowledge of the damages claimed as a result of the said incident. 8. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. 9. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (Note: You may file as your answer to this Interrogatory the report of the expert or have the Interrogatory answered by your expert.) 10. If you intend to use any admission(s) of a party at trial, identify such admission(s). 11. Do you contend that the negligence on the part of any third party contributed to the Plaintiffs damages, either in whole or in part? If your answer is anything other than an unqualified "No," please set forth the following information specifically and in detail for each third party: (a) identify the third party that you claim contributed to the subject damages by stating his/her name, address, telephone number, and relationship to the parties herein, if any. (b) state the basis for your contention. (c) are you aware of any fact, observation, document, or evidence that either directly or indirectly supports or contradicts your contention? If so, please describe each such item in detail, and for each item, please provide the name, address and telephone number of each person who has possession or first hand knowledge of the subject facts, observation, document, or item of evidence. Also, please state the manner in which you obtained the subject information. 12. Please identify all subcontractors and/or other tradesmen by providing name business address, and telephone number that you contracted to work with you on the Plaintiffs home. 13. Please provide the names, business addresses, and telephone number of anyone that you dealt with in obtaining permits for the property at issue or anyone whom you know of that inspected your work pertaining to the property in question. 14. Please identify all contractors, subcontractors and/or any other tradesman by providing name, business address, and telephone number who have inspected the property, visited the property, provided an estimate for work on the property, and/or performed work on the property at 133 East Winding Hill Road, Mechanicsburg, PA. 15. Identify all individuals, insurance adjusters, parties or others who have conducted any investigation with respect to the issues involved in this case and whether you will produce the results of such an investigation. 16. Please identify each document which you intend to introduce at the time of the trial of this matter, and give a brief description of the contents of the document(s) and attach copies of your answers to these Interrogatories. 17. Please list all materials that were requested to be provided by Plaintiff that you contend were not provided by Plaintiff. 18. Please list in detail all work that you were contracted to complete and a list of what was completed on the home renovation of 133 East Winding Hill Road. Respectfully Submitted KOPE & ASSOCIATES, LLC Hilary P. Vesell, Esq. Date: CERTIFICATE OF SERVICE I, Hilary P. Vesell, Esquire do hereby certify that on this day of February, 2011, 1 served a true and correct copy of the foregoing Plaintiff Melissa Askey's First Set of Interrogatories Directed to Defendant James Ward & Windy Ridge Construction via regular U.S. First Class mail, postage prepaid, addressed as follows: Barry A. Kronthal, Esq. Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Handyman USA Kevin C. McNamara, Esq. Thomas, Thomas, & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Tim Krader, d/b/a AAA Construction Karl E. Rominger; Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for James Ward and Windy Ridge, KOPE & ASSOCIATES, LLC By: Hilary P. Vesell, Esq. I.D. 308358 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff KOPE & ASSOCIATES, LLC HILARY P. VESELL, ESQ. Attorney ID 308358 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff MELISSA ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. NO. 2009-7104 (Civil Term) JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, Defendants. To: Barry A. Kronthal, Esq. Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Handyman USA Kevin C. McNamara, Esq. Thomas, Thomas, & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Tim 'Krader, d/b/a AAA Construction Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for James Ward and Windy Ridge PLAINTIFF MELISSA ASKEY'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT HANDYMAN USA 1. All photographs showing, representing or purporting to show any of the instrumentalities, locales, persons, property, and any and all other matters related to the subject matter of this litigation. 2. All diagrams, sketches, drawings, plans, measurements or blueprints showing, representing or purporting to show any of the instrumentalities, locales, person, property, or other matter involved in the incident which form the basis of Plaintiff's Complaint or cause of action. 3. All contracts, agreements, and modifications thereto regarding or pertaining to any renovation, improvement, expansion, repair, construction or additions performed at or upon the property of 133 East Winding Hill Road, Mechanicsburg, PA. 4. All statements, including but not restricted to those defined by Pa.R.C.P. 4003.5, signed statements, transcripts of recorded statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts concerning or pertaining to the incident, the subject matter, the claims, the damages, or any other matter involved in or pertaining to this case. 5. Your curriculum vitae and one as to each expert or experts you have retained to testify on your behalf at the trial of this case. 6. The curriculum of each person that you hired to work on the property in question on your behalf. 7. A copy of the expert report for each expert identified in response to Request for Production No. 5. 8. All documents prepared by you or any insurer(s), representative(s), agent(s) or anyone acting on your behalf, except your attorney(s), during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit or defense or respecting strategy or tactics. (NOTE: as referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing [including copies of the foregoing, regardless of whether the parties to whom this request is addressed is not in the possession, custody or control of the original] now in the possession, custody or control of Plaintiff, former or present counsel, agents, employees, officers, insurers or any other person acting on their behalf.) 9. If not otherwise covered by the above Requests, any and all documents regarding your investigation of the subject matter of your Complaint. 10. All documents relating in any way to all damages and losses sustained by Plaintiff. This should include, but not be limited to insurance claim forms, appraisals, repair invoices, receipts, and all other documents in any way relating to Plaintiff's alleged damages and losses. 11. Any and all documents evidencing or pertaining to any lien by any person or entity against potential recovery of damages by Plaintiff in this action. 12. All documents or exhibits which you intend to offer or identify as exhibits and/or evidence at any depositions or at the trial of this matter. 13. Any and all documents which evidence any facts on the basis of which it will be asserted that Plaintiff Askey and/or the other Defendants caused or contributed to the damages allegedly sustained by the Plaintiff. 14. All documents which would support any claims for damages averred in Plaintiffs Complaint. 15. Copies of all payments made to any person performing any construction work at or upon 133 East Winding Hill Road, Mechanicsburg PA. 16. All correspondence between you and any person concerning any renovation, improvement, expansion, repair, construction, or additions performed at or upon the property of 133 East Winding Hill Road, Mechanicsburg, PA. 17. All receipts for building materials, supplies and/or tools purchased by you in relation to any renovation, improvement, expansion, repair, construction, or additions performed at or upon the property of 133 East Winding Hill Road, Mechanicsburg, PA. 18. All market appraisals or market valuations performed with regards to 133 East Winding Hill Road, Mechanicsburg, PA. 19. Any documents referenced in your Answers to Plaintiff Askey's Interrogatories. 20. Any documents referenced or relied upon by you in formulating your Answers to Plaintiff Askey's Interrogatories. If any document sought by this- Request is withheld from production based upon a claim of privilege, work product, or any other reason, the party shall identify each such document in response to this Request by stating the nature of the document, the date of its preparation and shall indicate the reason why its production is being withheld. This request shall be deemed continuing and any response shall be supplemented upon receipt of additional information. PLEASE TAKE NOTICE that Plaintiff reserves the right to supplement the Request for Production up to the time of trial. As to objections: KOPE & ASSOCIATES, LLC Hilary P. Vesell, Esq. Date: CERTIFICATE OF SERVICE I, Hilary P. Vesell, Esquire do hereby certify that on this day of February, 2011, 1 served a true and correct copy of the foregoing Defendant Handyman USA's Requests for Production of Documents Directed to Plaintiff via regular U.S. First Class mail, postage prepaid, addressed as follows: Barry A. Kronthal, Esq. Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Handyman USA Kevin C. McNamara, Esq. Thomas, Thomas, & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Tim Krader, d/b/a AAA Construction Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for James Ward and Windy Ridge KOPE & ASSOCIATES, LLC By: Hilary P. Vesell, Esq. I . D. 308358 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff Shane B. Kope, Esq. ¦ Alyssa H. Knisely, Esq. Hilary P. Vesell, Esq. ¦ Damian J. DeStefano, Esq. K O P E ASSOCIATES December 12, 2011 Handyman USA c/o Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 In re: Melissa Askey v. James Ryan Ward and Windy Ridge Construction and Tim Krader and AAA Construction and Handyman USA Dear Attorney Kronthal: Enclosed please find Plaintiff Melissa Askey's Second Interrogatories directed to Defendant Handyman USA and Plaintiff's Second Request for Production of Documents directed to Defendant Handyman USA in regards to the above referenced matter. Please forward any and all information to our office at the attention of Hilary Vesell, Esq. . Do not hesitate to contact our office with any questions or concerns you may have regarding the enclosed. Thank you for your attention to this matter. Sincerely, KOPE & ASSOCIATES, LLC Renee M. Steinour 1 Paralegal Enclosures cc: Kevin C. McNamara, Esq. (w/encl.) Steve Snyder, Esq. (w.encl.) Smart Representation Main: 395 St. Johns Church Road ¦ Suite 101 ¦ Camp Hill, PA 17011 York: 11 East Market Street ¦ Suite 200 A ¦ York, PA 17401 P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com q6 KOPE & ASSOCIATES, LLC HILARY VESELL, ESQ. Attorney ID 308358 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff MELISSA ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. NO. 2009-7104 (Civil Term) JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, Defendants. To: Handyman USA c/o Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 PLAINTIFF MELISSA ASKEY'S SECOND INTERROGATORIES DIRECTED TO DEFENDANT HANDYMAN USA PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as amended, you are required to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. STANDARD INSTRUCTIONS (1) Duty to answer - The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege - With respect to any claim or privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents - In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. DEFINITIONS AND INSTRUCTIONS A. "DOCUMENT" - writing or recordings of any kind, whether handwritten, typed, or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations, rules, and forms. B. "IDENTITY" - when used with reference to a person, shall mean and include the full name, present or last known business address, and if an individual, present or last known home address; each of his or her employees titles with respect to the period covered by these Interrogatories; a description of each duty and responsibility held by each such individual. When used with references to a document or writing, the word "identity" shall mean to include the date it was written; identify each person to how it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with a description of the_document or writing as for instance, "letter", "memorandum"; include the present location and identify its custodian. If any document or writing is no longer in your possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last know location and custodian. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication, the following information should be given as to each oral communication or which you are aware, whether or not you or others were present or participated therein. This information includes the means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date; the names, addresses, employers and positions of all persons who participated in, or who were involved in communication, all other persons who were present during or who overheard that communication, the substance of who said what to whom and the order in which it was said, and whether that communication, or any part thereof, was recorded or referred to in any document. C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. D. "YOU", "YOUR" - means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. E. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. F. As used herein, the term "STATEMENT" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. These Interrogatories are deemed to be continuing in nature, in accordance with the provisions of the Pennsylvania Rules of Civil Procedure, as amended. If between the time of forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf learn the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer, was incorrect when made, or knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such supplemental Answer on the undersigned. QUESTIONS 1. Please identify the names of all employees from Handyman USA who personally viewed and/or did work at 133 East Winding Hill Road, Mechanicsburg, PA. 2. Please identify the names of all employees from Handyman USA who spoke with the Plaintiff on the phone regarding work to be done at 133 East Winding Hill Road, Mechanicsburg, PA. 3. Please identify the names of all employees from Handyman USA who participated in work related to the property at 133 East Winding Hill Road, Mechanicsburg, PA. 4. Please list the names of the owner(s) of Handyman USA. 5. Please list dates during which Handyman USA was in business. If Handyman USA is no longer is business, please state why and the date of closure or dissolution. 6. Please state whether Handyman USA was incorporated in the State of Pennsylvania and the dates of such incorporation. Respectfully Submitted KOPE & ASSOCIATES, LLC 1 Hilary Vesell,, E tq. 1 Date: 11` /'(' { CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire do hereby certify that on this 1 ? (-(-'!day of December, 2011, 1 served a true and correct copy of the foregoing Plaintiff Melissa Askey's Second Set of Interrogatories Directed to Defendant Handyman USA via regular U.S. First Class mail, postage prepaid, addressed as follows: Barry A. Kronthal, Esq. Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Handyman USA Kevin C. McNamara, Esq. Thomas, Thomas, & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Tim Krader, d/b/a AAA Construction Steve Snyder, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for'James Ward and Windy Ridge KOPE & ASSOCIATES, LLC nl By: - -L Hilary Vesell, Es I.D. 308358 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff KOPE & ASSOCIATES, LLC HILARY VESELL, ESQ. Attorney ID 308358 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff MELISSA ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. : NO. 2009-7104 (Civil Term) JAMES RYAN WARD and : WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, : Defendants. To: Barry A. Kronthal, Esq. Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Handyman USA Kevin C. McNamara, Esq. Thomas, Thomas, & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Tim Krader, d/b/a AAA Construction Steve Snyder, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for James Ward and Windy Ridge PLAINTIFF MELISSA ASKEY'S SECOND REQUEST FOR PRODUCTION OF 1. Please include all insurance policies that insured Handyman USA during the time period Handyman was hired to perform work upon the property of 133 East Winding Hill Road, Mechanicsburg, PA, as well as during the pendency of any work performed or completed. 2. Please include all insurance policies that insured Handyman USA five years prior to any work that it was hired to perform upon the property of 133 East Winding Hill Road, Mechanicsburg, PA. 3. Please include all insurance policies that covered Handyman USA five years after Handyman USA was hired to perform work upon the property of 133 East Winding Hill Road, Mechanicsburg, PA. 4. Please provide all incorporation/dissolution documents in your possession for Handyman USA. If any document sought by this Request is withheld from production based upon a claim of privilege, work product, or any other reason, the party shall identify each such document in response to this Request by stating the nature of the document, the date of its preparation and shall indicate the reason why its production is being withheld. This request shall be deemed continuing and any response shall be supplemented upon receipt of additional information. KOPE & ASSOCIATES, LLC Date: I,? *' Cad. ' Hilary Vesell; E CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire do hereby certify that on this day of December, 2011, 1 served a true and correct copy of the foregoing Plaintiff Melissa Askey's Second Request for Production of Documents Directed to Defendant Handyman USA via regular U.S. First Class mail, postage prepaid, addressed as follows: Barry A. Kronthal, Esq. Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Handyman USA Kevin C. McNamara, Esq. Thomas, Thomas, & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Tim Krader, d/b/a AAA Construction Steve Snyder, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for James Ward and Windy Ridge KOPE & ASSOCIATES, LLC By: Hilary Vesell, E? I.D. 308358 , 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff K O P E ASSOCIATES COP U January 23, 2012 Barry A. Kronthal, Esquire Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 In re: Melissa Askey v. James Ryan Ward and Windy Ridge Construction and Tim Krader and AAA Construction and Handyman USA Dear Attorney Kronthal: Enclosed please find Plaintiff Melissa Askey's Second Request for Production of Documents Directed to Defendant Handyman USA. You should already be in possession of this document However, please answer these Requests by February 29, 2012 or I will need to file a motion to compel discovery in the above-reference case. Thank you for your cooperation in the matter. Please do not hesitate to contact me with any questions regarding the enclosed. Sincerely, KOPE & ASSOCIATES, LLC Hilary Vesell, Es Enclosure cc: Melissa Askey Steve Snyder, Esq. Kevin McNamara, Esq. file Shane B. Kope, Esq. ¦ Alyssa H. Knisely, Esq. Hilary P. Vesell, Esq. ¦ Damian J. DeStefano, Esq. Smart Representation Main: 395 St. Johns Church Road ¦ Suite 101 ¦ Camp Hill, PA 17011 York 11 East Market Street ¦ Suite 200 A ¦ York, PA 17401 P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com cary KOPE & ASSOCIATES, LLC HILARY VESELL, ESQ. Attorney ID 308358 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com MELISSA ASKEY, Plaintiff, V. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2009-7104 (Civil Term) JAMES RYAN WARD and WINDY RIDGE CONSTRUCTION and TIM KRADER and AAA CONSTRUCTION and : JURY TRIAL DEMANDED HANDYMAN USA, Defendants. To: BarryA. Kronthal, Esq. Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Handyman USA Kevin C. McNamara, Esq. Thomas, Thomas, & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Tim Krader, d/b/a AAA Construction Steve Snyder, Esq.. 155 South Hanover Street Carlisle, PA 17013 Attorney for James Ward and Windy Ridge COPY S 1. Please include all insurance policies that insured Handyman USA during the time period Handyman was hired to perform work upon the property of 133 East Winding Hill Road, Mechanicsburg, PA, as well as during the pendency of any work performed or completed. 2. Please include all insurance policies that insured Handyman USA five years prior to any work that it was hired to perform upon the property of 133. East Winding Hill Road, Mechanicsburg, PA. 3. Please include all insurance policies that covered Handyman USA five years after Handyman USA was hired to perform work upon the property of 133 East Winding Hill Road, Mechanicsburg, PA. 4. Please provide all incorporation/dissolution documents in your possession for Handyman USA. If any document sought by this Request is withheld from production based upon a claim of privilege, work product, or any other reason, the party shall identify each such document in response to this Request by stating the nature of the document, the date of its preparation and shall indicate the reason why its production is being withheld. This request shall be deemed continuing and any response shall be supplemented upon receipt of additional information. KOPE & ASSOCIATES, LLC Hilary Vesell, Esq. Date: I ?? ' '` 0- 0 COPY CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire 'do hereby certify that on this Ci day of 11-1 December, 2011, 1 served a true and correct copy of the foregoing Plaintiff Melissa Askey's Second Request for Production of Documents Directed to Defendant Handyman USA via regular U.S. First Class mail, postage prepaid, addressed as follows: Barry A. Kronthal, Esq. Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Handyman USA Kevin C. McNamara, Esq. Thomas, Thomas, & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Tim Krader, d/b/a AAA Construction Steve Snyder, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for James Ward and Windy Ridge KOPE & ASSOCIATES, LLC By: Hilary Vesell ?sq. I.D. 308358 / 395 St. JohKs Church Road Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff MELISSA ASKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 09-7104 CIVIL JAMES RYAN WARD, WINDY 0 -, ? RIDGE CONSTRUCTION, TIM KRADER, AAA CONSTRUCTION : and HANDYMAN USA, Defendants/Respondents JURY TRIAL DEMANDED s RULE TO SHOW CAUSE AND NOW, this 1 day of April, 2012, upon consideration of the foregoing Motion to Compel, it is hereby ordered and decreed as follows: 1. A rule is issued upon the respondents to show cause why the petitioner is not entitled to the relief requested; 2. the respondents shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. argument will be set if requested in the answer and proposed order; and 5. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, ZHilary Ve ell E s squire For the Plaintiff Karl E. Rominger, Esquire For Defendants Ward and Windy Ridge ./Kevin C. McNamara, Esquire For Defendant Krader d/b/a AAA Construction ? Barry A. Kronthal, Esquire For Defendant Handyman USA Kevin Hess, J.