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Home My WebLink About10-7403IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SWWP, INC., NO. ~ C~ ~"1 y o 3 Plaintiff ~ ~ ~, ~"' c~ ~'1 v CIVIL ACTION -LAW ~~ x~ ;~ ~ „~ ~ r- BRUCE C. DOUPE AND ,;"'~~~',, c ~~ SHANNON M. DOUPE, ~;. ~ ~ ~ Husband and wife, , ~1~ Y ~'~ Defendants JURY TRIAL DEMANDED~- '::' ..°.~ ~.~ ~: c~ ~- :~ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Pleading 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 Pleading or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 243-3166 ~a~ ~~aa ~ k ~ aC~~,~~5~,,~u S ~a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SWWP, INC., NO. Plaintiff _ v. CIVIL ACTION -LAW BRUCE C. DOUPE AND SHANNON M. DOUPE, Husband and wife, . Defendants JURY TRIAL DEMANDED AVISO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentax comparecencia escrita en persona o por abogado y presenter en let Corte por escrito sus defenses o sus objeciones a las demandas en su contra. Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el Demandante. LISTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 243-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SWWP, INC., Plaintiff v. BRUCE C. DOUPE AND SHANNON M. DOUPE, Husband and wife, Defendants NO. lO_'7Y~3 C~r~~ CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this ,~ Q day of November, 2010, comes the Plaintiff, SWWP, Inc. (hereinafter referred to as "Plaintiff', by and through its attorneys, Law Office Of Andrew H. Shaw, P.C., and files the instant Complaint and in support thereof avers as follows: 1. Plaintiff is a Pennsylvania Corporation with a principal place of business at, 651 Alricks Street, Harrisburg, Dauphin County, Pennsylvania. 2. Defendants are adult individuals residing at 960 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. From May of 2008 through January of 2010, Defendants purchased materials and labor from Plaintiff. 4. Plaintiff has billed Defendants for the material and labor in the amount of Seven Thousand Two Hundred Seventy Four and 64/100 ($7,274.64) Dollars. Copies of the invoices are attached hereto and incorporated by reference herein as Exhibits A, B, C, D and E respectively. 5. The current balance due on the principal amount is still Seven Thousand Two Hundred Seventy Four and 64/100 ($7,274.64) Dollars. 6. Plaintiff has demanded, but Defendants have refused to pay the balance due. 7. Defendants are in default of the amount due to Plaintiff. 8. Because Defendants are in default and have refused to pay, Plaintiff has issued finance charges to Defendants for the outstanding balance, totalling One Thousand Five Hundred Twenty-Six and 21/100 ($1,526.21) Dollars. Copies of the finance charge invoices are attached hereto and incorporated by reference herein as Exhibits F, G, H,. I and J respectively. 9. The total balance due Plaintiff is Eight Thousand Eight Hundred and 85/100 ($8,800.85) Dollars. WHEREFORE, Plaintiff demands judgment against Defendants for damages in the amount of Eight Thousand Eight Hundred and 85/100 ($8,800.85) Dollars with costs, attorney's fees and such other expenses to be paid by Defendants as the Court deems appropriate. Respectfully submitted, Date: '- a By: Andrew ~I. `thaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden St., Ste 11 Carlisle, PA 17013 717-243-7135 VERIFICATION I, Michael Palson, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~/- 3 0 ~ / ~~ ,~ Michael Palson, President of SWWP, Inc. i . Rez~it Pay~~nt To b51 A1>r>icks S~ ~arrisbuzg, PA ~ 71 ~ 4 Biil To Hruco Doupc 960 Alexande~~ Spring Rd Carlisle, PA, 174] 5 From lnvaice - Dp Not:1'vait For Statement Job Nsme Terms Account # vla $I7084120p7 s1vWp Rep Bn}cc Daupe ~ COD ~ MP Description 7CL 25 - Rbl. 4.5" -Clay - 25' vinyl Siding 3 314° Outside Corner Rost -Clay Outside Corner Post Insert Contoured lnsulatian - poubie 4.5"Clapboard 1 "fJ4" J -Channel -White 31d" J Char~ne! - White Woad Haven Hidden vent Soffrt T 3 913 ~ 12'-White 21f2" 54 Ib. Box EG Ro~frng Nails Trim Nails 1 9f4" Stainless Steel -White 24" x 50' Smooth Trim Cail , Whke Unpaid balances wilt be charged at a raleaf 21.g°r6. No returns afher 3i} des. All retorts at,G subject to prlar antbvrixation and inspecting. All Itcans Must Be In Qrignal Box dv Resalable Cogditiog. Al[ t~eturns are subject trf Zg9~ resrgckii7g chaff. Stone Crcdi[ onl}~ No CASI~ REFUNDS. No returns on specie[ order items. A11 Speeiai Order Items hTtrst Be)?aid In #dvance. I have nCCelyCd all of the above items irl good condition, all items are accouthpei far and free of defie~cts. Sigaatirce is got raRui red if shipping receipt has $eeli signed. Signature Print i*rame Phone # f Fax # 7I7-232-601 717.232.2818 PA -NY -CT-NJ- DS -p~- VA- DG- MI3f E-mall Cred itDepanmenb~smrp.us EXHIBIT Due date + Order Date ~ Ship Date ~ invoice # 51Z1120t1$ ~ 4!2912008 , Sl21~~40$ ~ 2399 Ship To t3rgce Doupe 960 Alexe~nder Spring Rd Carlisle, PA 17413 Qty. ~ UIM ~ each 'Amount 33 Square $8.00 2,244.OOT 10 i'c. 11 AO 110.OOT 25 ?.40 25.OOT 33 squaw 48.5D 1,fi00,5~T' 80 iPc, 4.35 348.OaT 20 Pc_ A.12 82.40T 50 Panel 9.Od 4b0,00T 1 Box 38.00 38.OOT 2 Box 6.68 13.38T 4 Roll 60,0{1 .240.OOT Subtotal SaleB Tax ~B.b96) ~~~BI PaymegtalClr+edit8 ~R~al1C@ DtJ@ Web Site ~'1VQiC~ ~s,lst.zs 5309.0$ $5,460.3s ~-3,3?9.94 580.41 ~~ ~_www.swwp.us GA - Fi~.- AL- rIC- SC-1~iI- NIE- WI - IN 1~~ 651.AI~r~cks St Harr~~burg, PA X71 IO Biil To: CASH ACCOUNT Bruce Doupe 460 Alexandef Spring Rd Carlisle, PA 17bi5 PAXMEhI?' EKPECTED AT TIME OF URDETt Terms Rep GOD IY1P Print Name I'hone# ~ Fax # it-mai I ~tJl~tO~l 31,783.54 Saps lax ~$.D°~) slo~o~ Total st,s~o.sl ~a~111"I@I71~/{.`I"~1'~'i $4.00 ~aI~i1C9 I~U@ $1,890.5 i Web Site 717-232-60 I I 717-232.2$ i 8 sales~a s~~,wp.us vrwH:. ss~,.p,us PA - NY - CT - Iti'J - DE - ~Ii • VA - DC - 'T'lv GA - FLr AL.. NC- SC- MI TMiE- WI - IN EXHIBIT Description O~~ests Earning Pro-3ti IKO 2S Yr 3 Tab sooting Shingles -Dual Black 10' Stnoot~r Drip Edge - 'V~hite 1 114" Foil soo~ng Nails IBax 1-3' Raof Vent Baot ~f1VOIC~ Ship Ta Pick Up Via SWNP Ship Date `, 913P2449 Order Date ~ Int-aiee # 9'31x004 ~ 3336 F.D.B. Q~aarttity ~~ 25 1 ,~U 2 Box 2 All items cgrrtAifttd .sithin this invoice are N4N RB7i1RtiTAl<3Z.L, al l mani e~ paid ~ 7~{(hN REF'E1NDA8I.k. i have reoeired ail of the Abo.~e items iq gaod canditiOn. al] items at'e aocounterl for and free g1"defecrs.l have read aq of the aboEe sit~1 ~geee 6a the le[ms of sale. ALL SALIiS ARE FIAIAL. Signatnrt; ~~ R1~MIT PA~1V[E1VT TC3: G51 Al~icks St Harlrisburg, P~ 171 ~ ~ Bill To Bruce Doube 960 Alexander Spring Rd Carlisle. PA 17U1S From invoice - >ao Not Wait For Statarne~Zt Jab Name Terms Aoupe COi} Rep l~iP • No DascrPption 1 Energy Plus Dat~iflcHung with Lo~ti~FJArgon TC Upgrade- White 2 Twig Ene~•g~y l'Ws Double I~Tung with Low E,fArgon 'TC iJpgrade -tit°hite T'actary Mull, Per Mull - Aha~e Wlgdo~vs ~nv~~~e C}rtfer Date Due Date l 0115iz009 ] 1 r 12!2049 Ship To Pick Up Ship Date Invoice # -~ 1 ir'12J2409 3523 Account # Vis. ~, ~, 13I)OZ30iZ407 51FWP Qty, Size (W x W) Location 6 ~1 1J~ x 60 1I~ 4 G i 3{4 x 45 l!4 4 Unpaid trslanoes wilE be charged at a rate o1' 21.Sgro, No roturns on windpw or door orders. A[I paymerNa attid or dcposit~c arc r~nn rt[mnable and non refunAable. J INtve received al] of the shave itcnts in gopd condition, a1[ items ste aacounrod iCor aixi free of defcct.~ including glass brrskage and screeq damage. Signature lx not required li`shipping rcceipc has been signed. 5ignatur~e Frint Name Phone # Fax # 717-z3z-60ti 717-232-2$18 PA-YY-CT-NJ-DIE-QH-VA-1aC- F-mail EXHIBIT C Subtotal Sales Tax ~$,0°l0~ Total Psymen~3lCredits .~._ Balance Due ~- Web Site Each Arnourtt I~0.04 &30.40T 2$4,00 1,120.p4'T 30.4D 124.OOT 52,4$4.00 2~.SU az,zo4,~o ~_~ 50.00 52.204. ii4 ~~~ I u~wu•,gvyyv~ars I TN- G,A - FL{ A,~.- NC- SC- Iv1()<.. ME_ 1~rI -1TT ''''~~ ~~ - ' In~-oice Remit Payment ~ o; 65 ~, .f~~YICk.S ~t due Dabg Order Date Ship Date Invoice # T~a.i'XfSi?lit"g, PA ~ 7~ X 0 . 12J22l240 9 121~.ra409 tZ'2 009 3573 Bill To ' Shlp Ta Sraoe 1")oupe $tuce)7oupe 960 Alexander Spring Rd 9b~ Alexander Seri ng Rd Carlisle, p'A l7Qi 3 Carlisle. PA 17{}13 Pay From )nvoice - Dp Not -'~'alit For Sraterrletlt Job Nance Terms Rep Account # Vla C0~] VIP ]31708A 120(17 SWl1tP Dsscrrption 9 J`its 3B" Insulated Steel entry Door, 4 9116" Jarnb and Adjustable Sill Qty. U!M Each Arnourrt , Sunburst 4-Panel 3B" Jnsulated Steel Door, 6 9118" Jarrtb and adjustable Sill 4 4.017T . SWWP House Wrap - 9' x 100' 1 125.40 925.04T 40 - SidinglWindow Caulk -White 2 Roll 75.OD 150.OOT 1 'i!4" 54 Lb. lox LG Roofing Nails 1'i Cartridge ~l_54 49.54T Trim Coil 24" x ,0' T $nx 45.40 46.b4T 314'',1 C17annel -White 1 POiI 62.00 62.OOT Installa#iorl of a Single Entry Daar 8 Pc. 5.7~ 4Fi.0i3T Installation of Double Hung windrnn-s up to T4f UI 2 ea TOQA4 204.OQ lnstapatian of Twin Double Hung wir~dov~rs ~ 6 ea 65.00 394.00 4 ea 10D,00 440.00 Unpaid balances wi11 be charged at a rateof2).Su'o. No ccturns aRer 30 da3:s..A11 neturtts are subject to prior authori~tioa and inspeetio» AU item Ibl ~u~~~~ . s ust iic 2n Orignal Box & Resalable Condition. All retutxts ~+e s¢6ject to 25°~b rest°ekittg cJtarge_ Stare Credit nn1y Nn CASH ` $I,467.5~ . RCFUNDS. No r~atatns olt special order items_ Al[ Special Order Items Must $e Paid In Advance,) save rCCCived aU of the abova items in ood conditi :~ia~lAS TAX ~B.JDg+o~ $28.b5 g on, ~1[ items are accaut>e:d for and fi+ee of da&cts. Signatura is not required if shipping receipt has beco s;gam TQ'~ ~ , $ [,496. I S Si~atura Ptint Naine Pa]-mentslCnedits $p.0a Balance Due ~ I,.i96. ~ 5 Phone # Fax # Email Web Site 717-232-t5U11 717-232-2818 CreditDepertmeat~K~wp.us ~4 ~~~r.swyvp.us PA - NY - CT - N,i - DE - 4H - VA - laC - TuI;D EXHIBIT - GA - F):.- AL- NC- SC- MI- ICE- WI - IN '~~ ~~ Rer~>it Payment To Ir~r~oice 65 X .A,~ricks St Due Date Order Date Ship bete Invoice ~ k~arrisbuirg, PA ~ 7Z 10 Yz~zarze~~ l ir6rzoo~ 12r2~r~ao9 ~s74 BlEI To Snip Td Bruce I}oupe 960 Alcxand~r Spring Rd 9b0 Alexander Spri ng Rd Carlisle, rn r7o>;~ Caelislc, PA 1713 Ps}~ Froro Invoics - Da I~Tot W$it Fvr Staterrlcnt Jab Narne Terms Rep Acoaunt # Via cvn snow I2oa~ sw~titi~ Description Qty. E11MA l;ach Arnourrt Beaded SOffitfVlfainscot - TrPple 2.625" Soad -White 128 Panel 12.44 1,512.4flT Unpaid baisace.4 will be cltergtd at a rateof 2l.S°o. Alo returr~ a4~er 30 days. AU returns are ~le~ ~ prlOr suCl~orization and inspection. AI] ?terns iu[ust Be lln p ~U~~~ i r gnal Bax ~ Rcsalalylc Condition. Al] returns eu+e subicat to 2590 restAcking charge. Stnre Crodit only No CASfI! $1,512.Op . REFUNDS. No t+atarnsan speciAl order items. All Special Drder Items Jt4ost Be Paid In ~~$ T~IK t$.~°/~i} Ad^~&ncc. I have reoelved a!) of the ab !t $9U.72 ove arps in gopd condiliae, all iter~~5 ~+e aocounted for and Etta of deFects. Sigoavure is not required i F shipping receipt has boas signal TQ~~ . $l,GA2,72 sigr~atu~ Print Na+ne Payment;e~lCredifis $4.04 ~elance Due $~,6oz.7z Phase # Fax # E-mail web Site 717-232-6011 7] 7-232-2$ i 8 CrcditDeparcmentrd~s3vwp.us ywp. www.5~ us PA - NY - ~T - NJ -);3E - OH - VA - DC - MD EXHIBIT GA - FL- AL-1~iC- SC- Mt M~ WI - iN ,, ,, _~ ~~~ Bill To Bruce Doupe 960 Alexander Spring Rd Carlisle, PA 17015 6s 1 Alricks st Harrisburg, PA 17110 Finance Charge Date Invoice # 1/26/2010 FC 78 Terms Description Amount Finance Charges on Overdue Balance Invoice #2399 for 80.46 on 05/21/2008 Invoice #3336 for 1,890.51 on 09/03/2009 Invoice #3525 for 2,204.80 on 11/12/2009 Invoice #3573 for 1,496.15 on 12/22/2009 Invoice #3574 for 1,602.72 on 12/23/2009 EXHIBIT 329.11 Total Payments/Credits Balance Due 5329.11 So.oo 5329.11 ~, ~,. ,~ _, I~~ Bill To Bruce Doupe 960 Alexander Spring Rd Carlisle, PA 17015 6s 1 Alricks st Harrisburg, PA 17110 FinanEe Charge Date Invoice # 4/23/2010 FC 111 I Terms I Description ~ Amount Finance Charges on Overdue Balance Invoice #2399 for 80.46 on 05/21/2008 Invoice #3336 for 1,890.51 on 09/03/2009 Invoice #3525 for 2,204.80 on 11/12/2009 Invoice #3573 for 1,496.15 on 12/22/2009 Invoice #3574 for 1,602.72 on 12/23/2009 EXHIBIT 364.13 Total Payments/Credits 5364.13 So.oo Balance Due 5364.13 I ~~, 1~1 Bill To Bruce Doupe 960 Alexander Spring Rd Carlisle, PA 17015 651 Alricks St Harrisburg, PA 17110 Finance- c~iarge Date Invoice # 7/12/2010 FC 121 Terms I Description ~ Amount Finance Charges on Overdue Balance Invoice #2399 for 80.46 on 05/21/2008 Invoice #3336 for 1,890.51 on 09/03/2009 Invoice #3525 for 2,204.80 on 11/12/2009 Invoice #3573 for 1,496.15 on 12/22/2009 Invoice #3574 for 1,602.72 on 12/23/2009 Total Payments/Credits Balance Due 334.83 5334.83 So.oo 5334.83 EXHIBIT -~l ,, I~ l Bill To Bruce Doupe 960 Alexander Spring Rd Carlisle, PA 17015 651 Alnclcs St Harrisburg, PA 17110 Finance Charge Date Invoice # 7/21/2010 FC 137 Terms Description Amount Finance Charges on Overdue Balance Invoice #2399 for 80.46 on 05/21/2008 Invoice #3336 for 1,890.51 on 09/03/2009 Invoice #3525 for 2,204.80 on 11/12/2009 Invoice #3573 for 1,496.15 on 12/22/2009 Invoice #3574 for 1,602.72 on 12/23/2009 EXHIBIT 37.68 Total Payments/Credits $37.68 $o.oo Balance Due $37.68 I Statement REMIT PAYMENT TO: 651 Alricks St Harrisburg, PA 17110 To: Bruce Doupe 960 Alexander Spring Rd Carlisle, PA 17015 Date I 1 /3/2010 I Amount Due ~ Amount Enc. ~ $8,800.85 Date 05/21 /2008 03/13/2009 09/03/2009 11 / 12/2009 12/22/2009 12/23/2009 01/26/2010 04/23/2010 07/12/2010 07/21/2010 11/03/2010 Transaction lNV #2399. Due 05/21/2008.Orig. Amount $5,460.36. Estimate 394: INV #FC 54. Due 03/13/2009.Orig. Amount $21.00. Finance Charge INV #3336. Due 09/03/2009.Orig. Amount $1,890.51. INV #3525. Due 11/12/2009.Orig. Amount $2,204.80. INV #3573. Due 12/22/2009.Orig. Amount $1,496.15. INV #3574. Due 12/23/2009.Orig. Amount $1,602.72. INV #FC 78. Due 01/26/2010. Orig. Amount $329.11. Finance Charge INV #FC 111. Due 04/23/2010. Orig. Amount $364.13. Finance Charge INV #FC 121. Due 07/12/2010.Orig. Amount $334.83. Finance Charge faxed to Andrew Shaw 7/16/10 ASP INV #FC 137. Due 07/21/2010. Orig. Amount $37.68. Finance Charge INV #FC 159. Due 11/03/2010.Orig. Amount $439.46. Finance Charge EXHIBIT s Amount 80.46 21.00 1,890.51 2,204.80 1,496.15 1,602.72 329.11 364.13 334.83 37.68 439.46 Balance 80.46 101.46 1,991.97 4,196.77 5,692.92 7,295.64 7,624.75 7,988.88 8,323.71 8,361.39 8,800.85 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS DUE DUE DUE PAST DUE Amount Due 439.46 0.00 0.00 0.00 8,361.39 $8,800.85 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F*ILED-OFFICE Sheriff Cr THE PROTHONOTARY" ???_'' n{ Cslfrt?,r.ry Jody S Smith `s 2010 DEC 13 PM 4: 10 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA SWWP, Inc. vs. Case Number Bruce C. Doupe (et al.) 2010-7403 SHERIFF'S RETURN OF SERVICE 12/06/2010 06:37 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on December 6, 2010 at 1837 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bruce C. Doupe, by making known unto himself personally, at 960 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SFAft GU HA P 12/06/2010 06:37 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on December 6, 2010 at 1837 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Shannon M. Doupe, by making known unto Bruce C. Doupe, Husband of defendant at 960 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct cop he same. SH6MTN GUT A , P SHERIFF COST: $49.84 December 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (o; Coun4ySiAe Shenff. Teleosoft. inr. FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 21 PM 2: 58 CUMBERLAND COUNTY PENNSYLVANIA Bryan W. Shook, Esquire ID # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 BShook0dolalaw.com Attorney for Defendants SWWP, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 10-7403 BRUCE C. DOUPE, and CIVIL ACTION - LAW SHANNON M. DOUPE, husband and wife, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter my appearance in the above captioned matter for the Defendants, Bruce C. Doupe and Shannon M. Doupe, husband and wife. Respectfully Submitted: Date: jorv l 6t") Bryan . Shook, Esquire ID # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 BShook dplglaw.com SWWP, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 10-7403 BRUCE C. DOUPE, and CIVIL ACTION - LAW SHANNON M. DOUPE, husband and wife, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, Pennsylvania 17013 Date: 0 «<M b-, a 9, S oto Respectfully Submitted: &0.- ct) J4--? BryW. Shook, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 BShook _dplglaw.com O^i It f L °i4l k . i Bryan W. Shook, Esquire ID # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 BShook _dolalaw.com Attorney for Defendants SWWP, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 10-7403 BRUCE C. DOUPE, and CIVIL ACTION - LAW SHANNON M. DOUPE, husband and wife, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD To: SMP, Inc. c/o Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, Pennsylvania 17013 Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter and Counterclaim within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectfully Submitted: Date: Fcr?RvAR? 10, 020// Bryan W. Shook, Esquire ID # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 BShook(,a-)dplg law. corn Attorney for Defendants SWWP, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 10-7403 BRUCE C. DOUPE, and CIVIL ACTION - LAW SHANNON M. DOUPE, husband and wife, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUTA ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Bryan W. Shook, Esquire ID # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 BShook(&dplglaw.com Attorney for Defendants SWWP, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 10-7403 BRUCE C. DOUPE, and CIVIL ACTION - LAW SHANNON M. DOUPE, husband and wife, Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER & COUNTERCLAIM AND NOW come the Defendants, Bruce C. Doupe and Shannon M. Doupe, husband and wife, by and through their legal counsel, the Dethlefs-Pykosh Law Group, LLC, by Bryan W. Shook, Esquire, who responds to Plaintiff's Complaint as follows: 1. Defendants after reasonable investigation are without knowledge or information sufficient to form a belief as to the truth or veracity of this averment; as a result Defendants specifically deny the same. By way of further response, a search of the Commonwealth of Pennsylvania, Department of State, Bureau of Corporations Records reveals an address for an SWWP, Inc. of 469 E. North Street, Carlisle, Cumberland County, Pennsylvania 17013. Further, Defendants are aware that Plaintiff operates a location at 651 Alricks Street, Harrisburg, Dauphin County, Pennsylvania, Defendants are unable to ascertain the truth or veracity of this averment. 2. Admitted. 3. Admitted in Part, Denied in Part. It is admitted generally that Defendants did purchase materials and labor from Plaintiff. Any reference or inference that Defendants owe Plaintiff what Plaintiff is demanding in this suit is specifically denied. 4. Admitted in Part, Denied in Part. It is admitted that copies of invoices are attached to Plaintiff's Complaint and marked as Exhibits A, B, C, D and E respectively. The invoices, due to their nature, are documents which speak for themselves as to what is contained on them. Defendants specifically deny that Plaintiff timely billed Defendants. By way of further response, no invoices were received by Defendants prior to early 2010 and only then at the specific request of Defendant, Shannon M. Doupe. 5. The averments in Paragraph 5 of Plaintiffs Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments in Paragraph 5 are specifically denied. 6. Admitted in Part, Denied in Part. It is admitted that Plaintiff did contact Defendants and state that Defendants owed Plaintiff. It is specifically denied that Defendants have refused to pay the balance due. Further, with respect to the dealings of the parties hereto in 2008, Plaintiff was paid, in full, by Defendants through draws on a Greystone Bank construction loan. By way of further response, in mid-December 2009, Plaintiff, by and through, Michael Palson, notified Defendants that Plaintiff was owed approximately $7,400.00. Defendants disputed this, but nonetheless Plaintiff, by and through, Michael Palson, agreed to meet with Defendant, Bruce C. Doupe, at a Sheetz location near Mr. Palson's home in Carlisle, Pennsylvania and accept $6,000.00 in cash from Defendants. This payment of $6,000.00 is not indicated on the paperwork submitted by Plaintiff as exhibits to their Complaint. 7. The averments in Paragraph 7 of Plaintiff's Complaint contains conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments in Paragraph 7 are specifically denied. 8. The averments in Paragraph 8 of Plaintiff's Complaint contains conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments in Paragraph 8 are specifically denied. Further, as noted above, the invoices, due to their nature, are documents which speak for themselves as to what is contained on them. Defendants specifically deny that Plaintiff is entitled to assess Defendants finance charges. 9. The averments in Paragraph 9 of Plaintiff's Complaint contains conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments in Paragraph 9 are specifically denied. WHEREFORE, Defendants respectfully request that judgment be entered against Plaintiff and in favor of Defendants in this matter, plus costs and attorneys fees incurred in the defense of this matter. NEW MATTER Defendants' New Matter to Plaintiffs Complaint 10. Defendants incorporate, by reference, as if fully set forth herein, paragraphs 1 through 9 of their response to Plaintiff's Complaint. 11. Plaintiff's action is or may be barred or limited by the doctrine of estoppel. 12. Plaintiff's action is or may be barred or limited by the doctrine of laches. 13. Plaintiffs action is or may are or may be barred or limited by the doctrine of release. 14. Plaintiff's action is or may be barred or limited by the doctrine of statute of frauds. 15. Plaintiff's action is or may be barred or limited by the doctrine of waiver. 16. Plaintiff's action is or may be barred or limited by applicable statutes of limitations. 17. Plaintiff's action is or may be barred by the doctrine of accord and satisfaction. 18. Plaintiffs action is or may be barred by illegality. 19. Plaintiff's action is or may be barred, at least in part by failure of consideration. 20. Plaintiff's action is or may be barred by the doctrine of unclean hands. 21. Plaintiffs actions in dealing with Defendants may have violated the Pennsylvania Home Improvement Consumer Protection Act. 73 P.S. §§ 517.1 - 517.19. 22. Plaintiff's action is or may be barred by the Pennsylvania Home Improvement Consumer Protection Act. 73 P.S. §§ 517.1 - 517.19. 23. Plaintiff's actions in dealing with Defendants may have violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 73 P.S. §§ 201-1 - 201- 9.2. 24. Plaintiff's action is or may be barred by the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 73 P.S. §§ 201-1 - 201-9.2. 25. Defendants paid Plaintiff $6,000.00 in mid December 2009 to resolve the balance due at that time. 26. Plaintiff has failed to promptly invoice Defendants. 27. Plaintiff has failed to properly account for payments made by Defendants. 28. Plaintiff provided Defendants with white J-Channel, for which Plaintiff was paid, when Defendants required beige J-Channel. 29. Plaintiff did eventually obtain beige J-Channel for Defendants however the Plaintiff charged Defendants for the beige J-Channel and Plaintiff's paid Defendants for the beige J-Channel. 30. Plaintiff did substandard work for Defendants. 31. Plaintiff failed to properly install drip edge on Defendants' detached garage. 32. Plaintiff failed to properly install a sliding glass door for Defendants, by failing to put down the insulating strip below the door, placing the door on OSB and shimming the door from the bottom. 33. By failing to provide Defendants with a proper Home Improvement Contract, pursuant to 73 P.S. § 517.7, Plaintiff is precluded from enforcing any agreement with Defendants against Defendants. 73 P.S. § 5177(a). WHEREFORE, Defendants respectfully request that judgment be entered against Plaintiff and in favor of Defendants in this matter, plus costs and attorneys fees incurred in the defense of this matter. COUNTERCLAIM BRUCE C. DOUPE and SHANNON M. DOUPE v. SWWP, INC. 34. Defendants incorporate, by reference, as if fully set forth herein, paragraphs 1 through 33 of their response to Plaintiffs Complaint. VIOLATIONS OF HOME IMPROVEMENT CONSUMER PROTECTION ACT AND THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 35. Defendants hereby bring forth this Counterclaim Count for violations of the Pennsylvania Home Improvement Consumer Protection Act, 73 P.S. § 517.1 et seq. and the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq. 36. Pursuant to 73 P.S. § 517.10 a violation of any of the provisions of the Home Improvement Consumer Protection Act, 73 P.S. § 517.1 et seq. shall be deemed a violation of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq. 37. Pursuant to 73 P.S. § 517.2 Plaintiffs are owners of a private residence situate at and known as 960 Alexander Spring Road, Carlisle, Cumberland County, Pennsyvlania. 38. Defendants believe, and therefore aver, that Plaintiff, pursuant to 73 P.S. § 517.2 is a contractor. 39. Defendants believe, and therefore aver, that during the previous taxable year Plaintiff performed more than $5,000.00, total cash value, of home improvements. 40. The work for which Defendants contracted with Plaintiff to perform constitutes a home improvement as defined by the Home Improvement Consumer Protection Act, 73 P.S. § 517.1 et seq. 41. Plaintiff, held itself out as a contractor and performed a home improvement without first registering with the Bureau of Consumer Protection in the Office of the Attorney General in violation of 73 P.S. § 517.3(a). 42. Plaintiff failed to provide Defendants with a contract which complied with the requirements of the Home Improvement Consumer Protection Act specifically, Plaintiff: a. Failed to provide Defendants with a written and/or legible contract which contained the home improvement contractor registration number of the performing contractor in violation of 73 P.S. § 517.7(a)(1); b. Failed to provide Defendants with a contract that contained the entire agreement between the owner and the contractor in violation of 73 P.S. § 517.7(a)(3); c. Failed to provide Defendants with a contract that included all required notices in violation of 73 P.S. § 517.7(a)(3); d. Failed to provide Defendants with a contract that included the approximate starting date and completion date in violation of 73 P.S. § 517.7(a)(6); e. Failed to provide Defendants with a contract that included a description of the work to be performed, the materials to be used and a set of specifications, in violation of 73 P.S. § 517.7(a)(7); f. Failed to provide Defendants with a contract that listed separately the amount of down payment and the cost of the special order materials, in violation of 73 P.S. § 517.7(a)(9); g. Failed to provide Defendants with a contract that included the names, addresses and telephone numbers of all subcontractors on the project known at the date of signing of the contract, in violation of 73 P.S. § 517.7(a)(10); h. Failed to provide Defendants with a contract that stated that Defendant agrees to maintain liability insurance covering personal injury in an amount not less than $50,000 and insurance covering property damage caused by the work of a home improvement contractor in an amount not less than $50,000, in violation of 73 P.S. § 517.7(a)(11); i. Failed to provide Defendants with a contract that identified the current amount of insurance coverage maintained at the time of signing of the contract in violation of 73 P.S. § 517.7(a)(11); j. Failed to provide Defendants with a contract that included the toll-free telephone number under section 3(b) of the Home Improvement Consumer Protection Act, in violation of 73 P.S. § 517.7(a)(12); k. Failed to provide Defendants with a notice of right of rescission, in violation of 73 P.S. § 517.7(a)(13) and 71 P.S. § 517.7(b); and 1. Failed to provide Defendants with a completed copy of the home improvement contract at the time the contract was executed that contained all required notices, in violation of 73 P.S. § 517.7(c). 43. As more particularly described above, the contract entered into between Plaintiff and Defendants is invalid and unenforceable against Defendants. 44. By failing to provide Defendants with a proper Home Improvement Contract, pursuant to 73 P.S. § 517.7, Plaintiff is precluded from enforcing any agreement with Defendants against Defendants. 73 P.S. § 517.7(a). 45. Defendants believe, and therefore aver, that Plaintiff made false or misleading statements to induce, encourage or solicit Defendants to enter into an oral, unwritten agreement for home improvement services, in violation of 73 P.S. § 517.8(a)(1). 46. Defendants believe, and therefore aver, that Plaintiff failed to register as required by the Home Improvement Consumer Protection Act, in violation of 73 P.S. § 517.9(1). 47. Specifically, as of a search conducted by the undersigned on February 9, 2011, of the records of the Attorney General of Pennsylvania, there does not appear to be an SWWP, Inc. registered as a contractor in Pennsylvania. 48. Defendants believe, and therefore aver, that Plaintiff abandoned or failed to perform, without justification, the home improvement contract and project engaged in and undertaken by Defendant, in violation of 73 P.S. § 517.9(5). 49. Specifically, at one point during the interactions of the parties hereto, Plaintiff was to supply two of its employees to perform services on Defendants' detached garage. 50. On day one both guys showed up and worked all day; on day two they quit at noon; day three both guys showed up and worked all day; this was the last day that both were present, only one showed up the rest of the week. 51. Defendants believe, and therefore aver, that pursuant to 73 P.S. § 201-3, that Plaintiff used unlawful and unfair methods of competition and/or unfair and deceptive acts in the conduct of trade as more particularly described herein when dealing with Defendants and contracting to perform home improvements for Defendants. 52. Plaintiff held itself out to be a contractor in the Commonwealth of Pennsylvania after July 1, 2009 and contacted to perform home improvements without being registered with the Bureau of Consumer Protection in the Office of the Attorney General, pursuant to 73 P.S. § 517.3(a), which Plaintiff knew or should have known had the likelihood of caused confusion or of a misunderstanding to Defendants, in violation of 73 P.S. § 201-2(4)(iii). 53. Plaintiff failed to provide Defendants with a written contract, as outline above, which Plaintiff knew or should have known had the likelihood of caused confusion or of a misunderstanding to Defendants, in violation of 73 P.S. § 201-2(4)(iii). 54. Defendants believe, and therefore aver, that Plaintiff engaged in other fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding, more particularly described herein, in violation of 73 P.S. § 201-2(4)(xxi). WHEREFORE, Defendants demand judgment against Plaintiff for violations of the Home Improvement Consumer Protection Act, 73 P.S. § 517.1 et seq. and the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq. in an amount equal to three times the monies paid to Plaintiff costs and reasonable attorney fees, and whatever other relief this Honorable Court deems necessary and just pursuant to 73 P.S. § 201-9.2(a). Date: F. h&,AAV l0, ova Respectfully Submitted: ('-J V'rn?- Bryan . Shook, Esquire I D # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 BShook _dpiglaw.com Attorney for Defendants VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: 4191?0[ Shannon M.Doupe VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: Z/y/Z6r/ 4OU O 44a , Bruce C. Doupe SWWP, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 10-7403 BRUCE C. DOUPE, and CIVIL ACTION - LAW SHANNON M. DOUPE, husband and wife, . Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter and Counterclaim to Plaintiffs Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, Pennsylvania 17013 Date: Fc LR-arty 10, a011 Respectfully Submitted: Bryan . Shook, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 BShook ,dplglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SWWP, INC., Plaintiff V. BRUCE C. DOUPE AND SHANNON M. DOUPE, Husband and wife, Defendants NO. 2010-7403 c-? CIVIL ACTION -LAW y or- 2 ,, -Orn ? ..?A N C2 . r-? xQ vm JURY TRIAL DEMANDED?:== co ;;0 PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM AND NOW, this ,?2t day of March, 2011, comes the Defendant, SWWP, Inc., by and through its attorney, Andrew H. Shaw, Esquire and files the instant Answer and in support thereof states as follows: 10. No response required. 11. Paragraph 11 of Defendants' New Matter is a legal conclusion to which no response is required. 12. Paragraph 12 of Defendants' New Matter is a legal conclusion to which no response is required. 13. Paragraph 13 of Defendants' New Matter is a legal conclusion to which no response is required. 14. Paragraph 14 of Defendants' New Matter is a legal conclusion to which no response is required. 15. Paragraph 15 of Defendants' New Matter is a legal conclusion to which no response is required. 16. Paragraph 16 of Defendants' New Matter is a legal conclusion to which no response is required. 17. Paragraph 17 of Defendants' New Matter is a legal conclusion to which no response is required. 18. Paragraph 18 of Defendants' New Matter is a legal conclusion to which no response is required. 19. Paragraph 19 of Defendants' New Matter is a legal conclusion to which no response is required. 20. Paragraph 20 of Defendants' New Matter is a legal conclusion to which no response is required. 21. Paragraph 21 of Defendants' New Matter is a legal conclusion to which no response is required. 22. Paragraph 22 of Defendants' New Matter is a legal conclusion to which no response is required. 23. Paragraph 23 of Defendants' New Matter is a legal conclusion to which no response is required. 24. Paragraph 24 of Defendants' New Matter is a legal conclusion to which no response is required. 25. Admitted in part and denied in part. It is admitted that Defendants paid $6,000.00 to Plaintiff in mid December 2009. It is denied that this payment resolved the balance due at that time. 26. Denied. It is specifically denied that Plaintiff has failed to promptly invoice Defendants. Strict proof thereof is demanded at trial. 2 27. Denied. It is specifically denied that Plaintiff has failed to properly account for payments made by Defendants. Strict proof thereof is demanded at trial. 28. Admitted in part and denied in part. It is admitted that Plaintiff provided white J-Channel. It is denied that Defendants required beige J-Channel. As a matter of further response, Plaintiff shipped what Defendants ordered. Strict proof thereof is demanded at trial. 29. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendants in Paragraph 29 of their New Matter. As a matter of further response, Plaintiff is unable to locate any records regarding beige J-Channel. 30. Denied. It is specifically denied that Plaintiff performed any work for Defendants. As a matter of further response, Plaintiff only provided the materials to Defendants and provided no installation services. 31. Denied. It is specifically denied that Plaintiff failed to properly install drip edge on Defendant's detached garage. As a matter of further response, Plaintiff only provided the materials to Defendants and provided no installation services. 32. Denied. It is specifically denied that Plaintiff failed to properly install a sliding glass door for Defendants, by failing to put down the insulating strip below the door, placing the door on OSB and shimming the door from the bottom. As a matter of further response, Plaintiff only provided the materials to Defendants and provided no installation services. 33. Paragraph 33 of Defendants' New Matter is a legal conclusion to which no response is required. 34. No response required. 35. No response required. 3 36. Paragraph 36 of Defendants' Counterclaim is a legal conclusion to which no response is required. 37. Paragraph 37 of Defendants' Counterclaim is a legal conclusion to which no response is required. 38. Paragraph 38 of Defendants' Counterclaim is a legal conclusion to which no response is required. 39. Denied. It is denied that during the previous taxable year Plaintiff performed more than $5,000.00, total cash value, of home improvements. As a matter of further response, Plaintiff does not provide services for home improvements. 40. Paragraph 40 of Defendants' Counterclaim is a legal conclusion to which no response is required. 41. Paragraph 41 of Defendants' Counterclaim is a legal conclusion to which no response is required. 42. Paragraph 42 of Defendants' Counterclaim is a legal conclusion to which no response is required. a. Paragraph 42(a) of Defendants' Counterclaim is a legal conclusion to which no response is required. b. Paragraph 42(b) of Defendants' Counterclaim is a legal conclusion to which no response is required. c. Paragraph 42(c) of Defendants' Counterclaim is a legal conclusion to which no response is required. d. Paragraph 42(d) of Defendants' Counterclaim is a legal conclusion to which no response is required. 4 e. Paragraph 42(e) of Defendants' Counterclaim is a legal conclusion to which no response is required. f. Paragraph 42(f) of Defendants' Counterclaim is a legal conclusion to which no response is required. g. Paragraph 42(g) of Defendants' Counterclaim is a legal conclusion to which no response is required. h. Paragraph 42(h) of Defendants' Counterclaim is a legal conclusion to which no response is required. i. Paragraph 42(i) of Defendants' Counterclaim is a legal conclusion to which no response is required. j. Paragraph 420) of Defendants' Counterclaim is a legal conclusion to which no response is required. k. Paragraph 42(k) of Defendants' Counterclaim is a legal conclusion to which no response is required. 1. Paragraph 42(1) of Defendants' Counterclaim is a legal conclusion to which no response is required. 43. Paragraph 43 of Defendants' Counterclaim is a legal conclusion to which no response is required. 44. Paragraph 44 of Defendants' Counterclaim is a legal conclusion to which no response is required. 45. Paragraph 45 of Defendants' Counterclaim is a legal conclusion to which no response is required. 5 46. Paragraph 46 of Defendants' Counterclaim is a legal conclusion to which no response is required. To the extent an answer is required, Plaintiff is not required to register under the Home Improvement Consumer Protection Act, as it does not qualify as a contractor under the Act. 47. Admitted. 48. Paragraph 48 of Defendants' Counterclaim is a legal conclusion to which no response is required. To the extent an answer is required, Plaintiff did not fail to perform in that Plaintiff only provided materials and did not provide any services to Defendants. 49. Denied. It is specifically denied that Plaintiff was to supply two of its employees to perform services on Defendants' detached garage. Strict proof thereof is demanded at trial. 50. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendants in Paragraph 50 of their Counterclaim. 51. Paragraph 51 of Defendants' Counterclaim is a legal conclusion to which no response is required. 52. Paragraph 52 of Defendants' Counterclaim is a legal conclusion to which no response is required. To the extent an answer is required, it is specifically denied that Plaintiff held itself out to be a contractor and contracted to perform home improvements. Strict proof thereof is demanded at trial. 53. Paragraph 53 of Defendants' Counterclaim is a legal conclusion to which no response is required. 54. Paragraph 54 of Defendants' Counterclaim is a legal conclusion to which no response is required. 6 WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendants' Counterclaim. Respectfully submi Date: 1 /? By: Andrew R. Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff 7 URIFICATION 1, Michael Palso,n, verify that the statements made in this Answer are true and correct. I undcrstard that false statements herein ape inade subject to the penalties of 18 Pa.C.S. Section 4904, relating to uinswozn falsification to authorities. Date: Michael Palson, President of SIVWP, Inc. CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Plaintiff's Answer to Defendants' New Matter and Counterclaim, was served this date on the below named, by placing same in the United States mail, first- class, postage prepaid thereon, addressed as follows: Bryan W. Shook, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Attorney for Defendants Date: Andrew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff t r?? i"T 1 3 a Its t, 1 113ERLAND f' COUtVr'; Bryan W. Shook, Esquire ? ?lNS YLVA NIA ID # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 BShookQdc)Uaw.com Attorney for Defendants SWWP, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE C. DOUPE, and SHANNON M. DOUPE, husband and wife, . Defendants . No.: 10-7403 CIVIL ACTION - LAW PETITION FOR LEAVE TO WITHDRAW APPEARANCE PURSUANT TO PA. R.C.P. 1012 AND NOW, comes the DETHLEFS-PYKOSH LAW GROUP, LLC, by and through Bryan W. Shook, Esquire, present legal counsel for Defendants, Bruce C. Doupe and Shannon M. Doupe, and files this Petition to Withdraw as Counsel of Record and in support thereof avers the following: 1. Your Petitioner is The Dethlefs-Pykosh Law Group, LLC, by Bryan W. Shook, Esquire, 2132 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Attorneys from Petitioner's law firm, including, but not necessarily limited to, Bryan W. Shook, may have entered an appearance on behalf of Plaintiffs in this matter. 3. Petitioner makes this Petition on behalf of all attorneys associated with 6 -7 j lv Petitioner's law firm relative to this matter. 4. On December 23, 2010, Defendants, Bruce C. Doupe and Shannon M. Doupe, contacted Petitioner seeking legal counsel for this matter concerning Plaintiff. 5. Defendants, Bruce C. Doupe and Shannon M. Doupe, have not kept up with their obligations to communicate with Petitioner in this matter. 6. Petitioner has made numerous attempts to contact Defendants but have been unable to reach them. 7. Defendants, Bruce C. Doupe and Shannon M. Doupe, have substantially failed to fulfill their obligations and duties as clients in this matter. 8. Petitioner is without sufficient assistance of clients to adequately represent Defendants, Bruce C. Doupe and Shannon M. Doupe. 9. Petitioner's continued representation of Defendants, Bruce C. Doupe and Shannon M. Doupe, has been rendered unreasonably difficult by virtue of Defendants, Bruce C. Doupe and Shannon M. Doupe's, failure to fulfill their obligations as clients in this matter, and good cause exists under Rule 1.16(b)(7) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal of appearance in this case. 10. Based upon all of the foregoing, Your Petitioner respectfully requests that the Honorable Court Order that the Petitioner and all attorneys associated with Petitioner is formally withdrawn as counsel for Defendants, Bruce C. Doupe and Shannon M. Doupe. WHEREFORE, Your Petitioner, The Dethlefs-Pykosh Law Group, LLC, respectfully requests this Honorable Court to grant leave for the entry of an Order allowing its Withdrawal from legal representation of the Defendants pursuant to Pa. R.C.P. 1012. Respectfully submitted, Date: ? ?O// The Dethlefs-Pykosh Law Group, LLC By: Bryan W ook, Esquire I. D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 SWWP, INC., . Plaintiff V. BRUCE C. DOUPE, and SHANNON M. DOUPE, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 10-7403 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition to Withdraw as Counsel of Record, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Bruce & Shannon Doupe 960 Alexander Spring Road Carlisle, Pennsylvania 17013 Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, Pennsylvania 17013 Date: 0 - I ),-;Zoa Respectfully submitted, By: "Z4- BryarM. ook, Esquire I. D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 1ivN QTA Fs", 4:~:? I : 13 ' 1;°iBERLA~~D COJ~ i J,E," 111SYLW'ANlA Darrell C. Dethlefs, Es9uire I ID # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 DDethlefs(a?aoLcom Petitioner SVJWP, INC., . IN THE COURT OF COMINON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. . No.:10-7403 BRUCE C. DOUPE, and : CIVIL ACTION - LAW SHANNON M. DOUPE, . husband and wife, . Defendants . MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the DETHLEFS-PYKOSH LAW GROUP, LLC, by and through Darrell C. Dethlefs, Esquire, present legal counsel for Defendants, Bruce C. Doupe and Shannon M. Doupe, and files this Motion to make this Honorable Court's October 14, 2011 Rule Absolute and in support thereof avers the following: 1. Your Petitioner is The Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire, 2132 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. On October 13, 2011, Petitioner filed a Petition for Leave to Withdraw Appearance pursuant to Pa. R.C.P. 1012. 3. On October 14,2 011, this Honorable Court by Order of Judge Oler, issued a Rule upon Plaintiff and Defendants to show cause as to why the relief sought in the aforementioned Petition should not be granted. 4. Pursuant to the aforementioned Order, the Rule was returnable on or before November 3, 2011. 5. No response has been filed by either of the Plaintiffs or Defendant to the October 14, 2011 Rule. 6. Based upon all of the foregoing, Your Petitioner respectfully requests that the Honorable Court order that the Petitioner and all attorneys associated with Petitioner is formally withdrawn as counsel for Defendants, Bruce C. Doupe and Shannon M. Doupe. I WHEREFORE, Your Petitioner, The Dethlefs-Pykosh Law Group, LLC, respectFully reyuests this Honorable Court to make the October 14, 2011 Rule Absolute and enter an Order allowing its Withdrawal from legal representation of the Defendants pursuant to Pa. R.C.P. 1012. Respectfully submitted, The Dethle -P kosh Law , LLC Date: By: Darrel ethlefs, Esquire I. D. # 58805 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 SWWP, INC., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. . No.:10-7403 BRUCE C. DOUPE, and . CIVIL ACTION - LAW SHANNON M. DOUPE, . husband and wife, • Defendants . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition to Withdraw as Counsel of Record, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Bruce & Shannon Doupe 960 Alexander Spring Road Carlisle, Pennsylvania 17013 Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, Pennsylvania 17013 Respectfully ubmitt ; Date: BY: Darrel . Dethlefs, Esquire I. D. # 58805 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 F.1,` fir L SWWP1 INC., r'EW6YLVAN CIE COURT OF COMMON PLEAS . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 10-7403 BRUCE C. DOUPE, and CIVIL ACTION - LAW SHANNON M. DOUPE, husband and wife, Defendants PRAECIPE TO WITHDRAW AS COUNSEL OF RECORD To the Prothonotary: Pursuant to the November 15, 2011 Order of the Honorable Judge Oler, kindly withdraw the entry of appearance of Bryan W. Shook, Esquire, Darrell C. Dethlefs, Esquire, the Dethlefs-Pykosh Law Group, LLC and any attorneys associated with the Dethlefs- Pykosh Law Group, LLC from the representation of Defendants in the above captioned matter. Respectfully Submitted Date: November 17, 2011 By: BryarKN. ok, Esquire 1. D. #:2 3 0 By: Darrell C. ethlefs, Esquire I. D. # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: 717-975-9446 SWWP, INC., Plaintiff V. BRUCE C. DOUPE, and SHANNON M. DOUPE, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 10-7403 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Withdraw as Counsel of Record, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Bruce & Shannon Doupe 960 Alexander Spring Road Carlisle, Pennsylvania 17013 Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, Pennsylvania 17013 Date: 1 1- l 7-- a y f i Respectfully submitted, BY: Bryan . Shook, Esquire I.D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 SWWP, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 10-7403 CIVIL BRUCE C. DOUPE and SHANNON M. DOUPE, Defendants ORDER AND NOW, this ?sday of June, 2012, the above-captioned case is assigned to the Honorable J. Wesley Oler, Jr., Senior Judge. BY THE COURT, Kevin 9 ? Andrew H. Shaw, Esquire For the Plaintiff Bryan W. Shook, Esquire For the Defendant :rlm ecrieS Ata. /ew 11Aj 'AA AV;, Hess, P. J. SWWP,. INC., V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA BRUCE C. DOUPE and SHANNON M. DOUPE, Husband and wife, Defendants : CIVIL ACTION JO-?yo3 NO. -20+0-%Q CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY ORDER OF COURT AND NOW, this 17th day of June, 2012, upon consideration of Plaintiff's Motion To Compel Answers to Discovery, a Rule is issued upon Defendants to show cause, if any they have, why the relief requested in the motion should not be granted. RULE RETURNABLE within 21 days of the date of this order. ? Andrew H. Shaw, Esq. Suite 11 200 South Spring Garden St. Carlisle, PA 17013 Attorney for Plaintiffs Bruce C. Doupe Shannon M. Doupe 900 Alexander Spring Road Carlisle, PA 17015 Defendants, pro Se Bryan W. Shook, Esq. Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Courtesy Copy rm, t rz -y, Rk/ e BY THE COURT,. Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff t?Til 12 ALIG 10 tt I1 + ENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. SWWP, INC., Plaintiff V. BRUCE C. DOUPE AND SHANNON M. DOUPE, Husband and wife, Defendants NO. 2010-7403 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE AND NOW comes Plaintiff, SWWP, Inc., through its attorney, Andrew H. Shaw, and files this Motion, and in support thereof avers as follows: 1. On or about June 7, 2012, Plaintiff filed a Motion To Compel Answers To Discovery (hereinafter "Motion to Compel"). A copy of the Motion is attached hereto and incorporated by reference as Exhibit A. 2. By order dated June 17, 2012, this Honorable Court Ordered that Defendants Show Cause as to why the relief requested in the motion should not be granted. A copy of the Order is attached hereto and incorporated by reference as Exhibit B 3. After Plaintiff filed the Motion to Compel, Defendant Bruce Doupe contacted Plaintiff's counsel and explained that the Defendants were now represented by Rominger & Associates. 4. On or about July 2, 2012, Lee Mandarino, Esquire contacted Plaintiff's counsel, stating that his office, Rominger & Associates, now represents the Defendants, and to request extension of 14 days to respond to the discovery requests. 5. On July 2, 2012, Plaintiff's counsel granted the requested 14 day extension. 6. On August 2, 2012, Plaintiff's counsel faxed and mailed a letter to Lee Mandarino, Esquire, reminding him that the 14 day extension had expired, and granting Defendant an additional 7 days to provide the discovery responses. 7. To date, no attorney from Rominger & Associates has entered his appearance behalf of the Defendants. 8. To date, Defendants, by and through their purported attorneys, Rominger & Associates, have failed to provide said discovery responses. 9. More than 21 days have elapsed since this Honorable Court ordered Defendants show cause. 10. Further, more than 7 days have elapsed since Plaintiff's last extension to Defendants. 11. Plaintiff is now requesting this Honorable Court to make its Order absolute. 12. Plaintiff seeks any and all relief provided under Rule 4019 of the Pennsylvania Rules of Civil Procedure, including but not limited to: an Order compelling Defendants to answer said discovery requests within ten (10) days of the date of the Order, and reasonable attorney's fees in preparing and filing the Motion To Compel. 13. Said attorney fees to date in preparing and filing the Motion To Compel are approximately Five Hundred and 001100 ($500.00) Dollars. 14. Due to the disregard of this Court's Order by Defendants, it is appropriate to the Defendants to pay Plaintiff's attorney fees, and any other costs or sanctions this Court 2 believes to be appropriate. 15. The Honorable Wesley Oler, Jr. has ruled in previous matters related to this 16. Plaintiff believes that Defendants do not concur in this Motion. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure compelling Defendants to serve upon moving counsel full and complete answers to the aforementioned discovery within twenty days or suffer such additional sanctions as the Court might impose. Plaintiff further requests this Honorable Court enter an Order for Defendants to pay reasonable attorneys' fees in the amount of Five Hundred and 00/100 ($500.00) Dollars, and any costs associated with filing motion. Respectfully Submitted: Date: l.' l C7/-, By: Andrew H. Shaw, Esquire Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 717-243-7872 (facsimile) Attorney for Plaintiff 3 Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SWWP, INC., Plaintiff V. BRUCE C. DOUPE AND SHANNON M. DOUPE, Husband and wife, Defendants NO. 2010-7403 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW comes Plaintiff, SWWP, Inc., through its attorney, Andrew H. Shaw, files this Motion, and in support thereof avers as follows: 1. On or about August 22, 2011, Plaintiff served Defendants' Counsel of Bryan W. Shook, Esquire, with discovery requests, specifically Plaintiff's First Set of Interrogatories and Plaintiff's First Request for Production of Documents. Copies of the are attached hereto and incorporated by reference as Exhibits A and B. 2. By order dated November 15, 2011, this Honorable Court Ordered that Defendants' Counsel of Record, Bryan W. Shook, Esquire, is "permitted to withdraw all representation of said Defendants in the instant matter." 3. By Praecipe dated November 17, 2011, Defendants' Counsel of Record, W. Shook, Esquire, withdrew as counsel for Defendants. 4. On May 14, 2012, Counsel for Plaintiff, Andrew H. Shaw, Esquire, spoke di E E XHIBIT A with Defendant Bruce Doupe and confirmed he and his wife have not retained counsel. 5. By letter dated May 14, 2012, Plaintiff's counsel forwarded a copy of the discovery requests and reminded Defendants of the requirement to answer said requests. AI of the letter is attached hereto and incorporated by reference as Exhibit C. 6. Defendants were required to answer Plaintiff's discovery requests originally December 17, 2011 and then by May 28, 2012. 7. To date, Defendants have failed to answer said discovery requests. 8. Said discovery concerns matters solely within the knowledge and control of Defendants. 9. Plaintiff seeks any and all relief provided under Rule 4019 of the Pennsy Rules of Civil Procedure, including but not limited to: an Order compelling Defendants to answer said discovery requests within ten (10) days of the date of the Order, and attorney's fees in preparing and filing this Motion. 10. The Honorable Wesley Oler, Jr. has ruled in previous matters related to this 11. Defendants are acting pro se, and Plaintiff believes that Defendants do not in this Motion. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant Rule 4019 of the Pennsylvania Rules of Civil Procedure compelling Defendants to serve copy moving counsel full and complete answers to the aforementioned discovery within twenty (P0) days or suffer such sanctions as the Court might impose. Plaintiff further requests that this Honorable Court enter an Order for Defendants to pay reasonable attorneys' fees and any associated with filing this motion. )sts 2 Date: Respectfully Submitted: By: Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 717-243-7872 (facsimile) Attorney for Plaintiff 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV SWWP, INC., Plaintiff NO. 10-7403 V. BRUCE C. DOUPE AND SHANNON M. DOUPE, Husband and wife, Defendants . CIVIL ACTION - LAW . JURY TRIAL DEMANDED PLAINTIFF'S FIRST SET OF WRITTEN INTERROGATORIES ADDRESSED TO DEFENDANTS To: Bryan W. Shook, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 These Interrogatories are propounded pursuant to the Pennsylvania Rules of Civil Procedure are to be answered by you in accordance therewith. You are required to answer these Interrogatories in writing and under oath, based upon all information available to you and to attorneys, employees and other agents or representatives. You are also required to file and si answers to these Interrogatories within thirty (30) days, and to supplement your answers in accordance with Pennsylvania Rule of Civil Procedure 4007.4. These Interrogatories are to be answered separately by each party to whom these interro are addressed. THESE INTERROGATORIES ARE CONTINUING AND ANY INFORMATION SECURI SUBSEQUENT TO THE FILING OF YOUR ANSWERS, WHICH WOULD HAVE BEEN INCLUDED IN THE ANSWERS HAD IT BEEN KNOWN OR AVAILABLE, IS TO BE SUPPLIED BY SUPPLEMENTAL ANSWERS. DEFINITIONS 1. The words "you" and "your" when used herein refer to the answering party, its agents, servants, and/or employees, and it subsidiaries, divisions or subdivisions and their rest agents, servants and/or employees. EXHIBIT 2. "Identify" when used herein with respect to an individual means to state: (a) the person's name, address and phone number, (b) the person's job title or job classification, and (c) t] person's employer and employer's address at the time of the events referred to in the interrogatory, if applicable. 3. "Identify" when used herein with respect to an entity other than an individual (i.e. a corporation, partnership, unincorporated association, governmental agency, etc. or a divis or subdivision thereof), means to state the full name and present or last known address of entity, and, if applicable, the full name and present or last known address of the entity's division or subdivision. 4. "Document" when used herein means any record, including any object containing written printed or magnetically recorded information, a graphic of photographic representation, o sound. "Document" includes the original or any copy of any sketch, report, letter memorandum, book, article, note, blueprint, drawing, photograph, motion picture, videot pe, or sound recording. "Document" also includes any card, disk, tape, compact disc, printout or any other article designed for use with a computer or other work or data processing system. 5. "Identify" when used herein with respect to a document means to state: (a) the nature oft the document (e.g., whether it is a report, letter, etc.), (b) the title of the document, or if the document has no title, a description of the document; (c) the identity of the person or pers w who prepared the document; (d) the identity of the person or persons for whom the doc en was prepared or document was directed; (e) the date that the document was prepared; and (f) the identity of the present custodian of the document or any copy of the document. 6. "Property" when used herein means the Property as described in the Complaint. 7. "Defendants" when used herein means Bruce C. Doupe and/or Shannon A Doupe, unl otherwise stated. Should you believe that any Interrogatory or a part of any Interrogatory is vague, ambiguous, or overly broad, answer the part of the Interrogatory that is not deemed by you to be so or provide as much information as is possible or believed by you to be reasonable. 1. Identify any and all potential witnesses Defendants may call at trial. 2 2. Identify any and all expert witnesses Defendants have consulted, or expect to use at trial. 3. List with specificity any and all payments made by Defendant(s) to Plaintiff, including of payment, amount of payment and check number. 4. Identify the owners of Four Dreams Investments, LLC. 3 5. Identify any and all purchases made by Four Dreams Investments, LLC from Plaintiff, further identify the property location where the purchased material(s) was used. 6. Identify any and all real estate owned by either Defendant, or any real estate on which e Defendant has performed any form of repair, renovation, improvement or other service. 7. Identify the names of the individuals who allegedly provided services to Defendants, as claimed by Defendants in Paragraphs 30, 31 and 32 of Defendants' New Matter. 4 8. State with particularity the nature of the substandard work as claimed by Defendants in Paragraph 30 of Defendants' New Matter. 9. State with particularity the nature of how Plaintiff failed to properly install drip edge on Defendants' detached garage as claimed by Defendants in Paragraph 31 of Defendants' Matter. 10. State with particularity the nature of how Plaintiff failed to properly install a sliding glass door, beyond that which Defendants averred in Paragraph 32 of Defendants' New Matter. 11. State with particularity how Plaintiff held itself out as a contractor, as claimed by in Paragraph 41 of Defendants' Counterclaim. 12. Identify the names of the individuals who allegedly provided services to Defendants, as claimed by Defendants in Paragraphs 49 and 50 of Defendants' Counterclaim. 13. State with particularity the nature of the contract between Plaintiff and Defendants, as claimed by Defendants in Paragraph 48 of Defendants' Counterclaim. 14. State with particularity the "other fraudulent or deceptive conduct" as claimed by in Paragraph 54 of Defendants' Counterclaim. 6 Respectfully submitted, Date h;" y By: Andrew H.`Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Defendant 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV SWWP, INC., NO. 10-7403 Plaintiff V. . CIVIL ACTION - LAW BRUCE C. DOUPE AND SHANNON M. DOUPE, Husband and wife, Defendants JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS To: Bryan W. Shook, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 PLEASE TAKE NOTICE that you are hereby requested to produce for inspection and other purposes, including copying, pursuant to the Pennsylvania Rules of Civil Procedure, at the off of the counsel for the requesting party, or at such other location as may be mutually agreeable between counsel for you and counsel for the requesting party, not less than thirty (30) days aft service of these requests, documents herein cited. The word "document" or "documents" as herein used includes but is not limited to photographs, video tapes, drawings, reports, statemei and memoranda,' as well as all other documents as defined in the Rules. If the term `document' is used in a request with other terms included in the above definition, such use of the terms included in the definition should not be construed as altering the defini of document for that request, rather such use should be considered guidance for the respondi party. For all of the following requests, if the date of the communication or document is not evident the face of the document, please provide that date, as well as the identity of the author and all recipients. EXHIBIT 1. Produce all documents identified in Defendants' responses to Plaintiff's Interrogatories Addressed to Defendants. 2. Produce all documents and communications Defendants sent or made to Plaintiff regardin any transactions involving Plaintiff and Defendants, or any companies owned or operated either Defendant. 3. Provide any and all documents, reports, notes, and communications from experts who are be called by you as witnesses at trial. 4. Provide copies of all exhibits that you intend to, or may, offer into evidence or may use demonstrative purposes, at the trial of this matter. 5. Provide any and all statements or recordings obtained from any witnesses or recordings of any conversations with parties to this lawsuit or their representative. 6. Provide any and all copies of invoices or statements received by Defendants from P 7. Provide copies of any and all documents not requested in the preceding paragraphs, but related to the transaction between Plaintiff and Defendants at issue in this matter. 2 Date Respectfully submitted, By: Andrew haw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff 3 LAW OFFICE OF ANDREW H. SHAW, P.C. 200 S. Spring Garden Street, Suite 11, Carlisle, PA 17013 Telephone (717) 243-7135 Fax (717) 243-7872 www.ashawlaw.com ANDREW H. SHAW, ESQUIRE ANDREA L. SHAW, Z andrew@ashawlaw.com andrea@ashawlaw May 14, 2012 Bruce Doupe 960 Alexander Spring Road Carlisle, PA 17013 RE: SWWP, Inc. v. Doupe Docket No. 10-7403 Dear Mr. Doupe: Enclosed please find copies of the Interrogatories and Request for Production of Documents that we sent to your previous attorney on August 22, 2011. Please note these responses were due within 30 days. If I do not receive the responses within 14 days, I will forced to file a Motion To Compel. I trust no further action on my part will be required to resolve this matter. If you should have any questions or concerns regarding this matter, please do not hes tate to contact me. Thank you. Enclosures cc: SWWP, Inc. Very truly yours, EXHIBIT ?r CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Motion To Compel Answers To Discovery, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Bruce and Shannon Doupe 960 Alexander Spring Road Carlisle, PA 17015 Defendants p Date: Andrew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff SWWP, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION BRUCE C. DOUPE and SHANNON M. DOUPE, Husband and wife, Defendants : NO. 2010-7043 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY ORDER OF COURT AND NOW, this 17th day of June, 2012, upon consideration of Plaintiff's Motion To Compel Answers to Discovery, a Rule is issued upon Defendants to show cause, if any they have, why the relief requested in the motion should not be granted. RULE RETURNABLE within 21 days of the date of this order. Andrew H. Shaw, Esq. Suite 11 200 South Spring Garden St. Carlisle, PA 17013 Attorney for Plaintiffs Bruce C. Doupe Shannon M. Doupe 900 Alexander Spring Road Carlisle, PA 17015 Defendants, pro Se Bryan W. Shook, Esq. Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Courtesy Copy BY THE COURT, , esley Oler r., S.J. J f -, Cn -- zC=? 1-3 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Motion To Make Rule Absolute, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Lee Mandarino, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Purported Attorney for Defendants Bruce and Shannon Doupe 960 Alexander Spring Road Carlisle, PA 17015 Defendants Date: ?0 Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SWWP, INC., Plaintiff v. BRUCE C. DOUPE AND SHANNON M. DOUIPE, Husband and wife, Defendants NO. 2010-7403 CIVIL ACTION -LAW JURY TRIAL DEMANDED ORDER AND NOW, this ~S day of ti g , 2012, upon consideration of the within Motion To Make Rule Absolute, it is hereby ORDERED AND DECREED that Defendants shall answer Plaintiffl s discovery requests within ~.7~ L~ days of this Order. I a enan H eys S ~'"'~ , S J. Distribution: /~ Andrew H. Shaw, Esquire, attorney for Plaintiff ~ Bruce Doupe and Shannon Doupe, pro se / l,,C~ l''1'(Q~Rri'r,~, ESE ~p~es ma, ~~°d ~~/S~ia ~ p~~ ~'~ .~ _ r~ ~~ ~~, C ;~! = " ~ ~ c n r . ~ ~~ ~ ~~ cn ~ ~ -° -~' z~ ~ ~, ~c .~- ~ ~.: , --~ -- ~: -- ~- 's ~, BY THE COURT: