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Home My WebLink About01-1876COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL ! COURT OF COMMON PLEAS FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT COMMON PLEAS NO. 0 I- I 7G t NOTICE OF APPEAL Notice is oiven that the appellant has file(] in the aboYe Court of Common Pleas an appeal from the judoment rendered by the District Justice on the date and in the case mentioned below. ADDRESS c~ ~,~.~. ~.......,.-.~,.~ :~,C' ~ I I SIGNATURE OF APPELLANT OR HIS ATTORN~.EY OR AGENT _ ~'~' ...... CV YEAR ~, V"" ~ ~'~ "U ' .... I _____ ~ I -'~ _ /"~: . ~ This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. No. 1001(6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. , Signature of Prothonotary or Deputy ~ . PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) Jn action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAEClPE: To Prothonotary Enter rule upon ~.~5~_'~_O~ <~ ~~~~'7~ tV~.~u~"~'- .~, appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No.~ ~-- ~ ~' ~ (~ ) within twenty (20) days after service of rule or suffer ~try of judgr/~nt (~f.no, j;~ros. ~ Si~ature of appelant or his a~y or agen! RULE: To ~([0~c-. _~J3_~ ~5 t0~~ ~ ~ , appellee(s) Name o! appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAEClPE. (3) The date of service of this rule if service was by mail is the date of the m~ . , . 4 ~(.., .-.., , Year o~O~ / notary or Deputy Date: White - Prothonotary Copy Green - Court File Copy Yellow- Appelant's Copy Pink - Appellee Copy Proth.- 76 Gold - D.J. Copy . o ' · "-~::": -%-q fi.t- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service,MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served ~ a copy of the Notice of Appeal,"Common Pleas Nol __., Upon the District Justice designated therein on (date of service)_ ' ..... Year ., ~ by personal service [~] bY (certified) (registered) mail, sender's , receipt attached hereto, and upon the appellee, (name. -~ on , year ........... ~ by personal service [~ by (certified) (registered) mail, sender's receiPt attached hereto. r-] and. further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on __ , year ., ~ by personal service [~ by (certified) (registered) mail, sender's receipt attached hereto. : SWORN. (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF YEAR . o Signature of Affiant Signature of official before whom affidavit was made Title of official My commission expires on year ~.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C[IJO~I~T~,._N'~ NOTICE OF JUDGMENT/TRANSCRIPT Mag. Dist. No.: PLAINTIFF: CIVIL CASE NAME and ADDRESS 09 - Z - 0 Z ~CROSSROADS PROPERTY MANAGEMENT, IN~ DJ Name: Hon. 3 0~1 S o 3 2~ o STR~]~ CHARI~ES A. CLEMENT, JR. SUITE 200 ~'~': 1106 CARLISLE ROAD ~AMP HILI~, PA 17011 _j CAMP HILL, PA VS. DEFENDANT: NAME and ADDRESS Telephone: (717) 761-4940 17011 r-REALTY SERVICES/DON KLEIB~ -I 1509 CEDAR CLIFF ~ HILL, PA 17011 REALTY SERVICES/DON KLEIBER / _j 1509 CEDAI~. CLIFF DR Docket No.- cv-0000035-01 C. AMP HIhI,. PA 1'7011 Date Filed: 1/16/01 THIS IS TO NOTIFY YOU THAT: JudDment: DRFAUT~.T u-~ P~'-TF ....... [~ du~Dment was entered for: (Name) ~]~_._q~'l~&~ D~OP'R~~I~IqA~R'MR'N~.. ...... ~] dudDment was entered against: (Name). R~a~'.TY SI~RVTC'_~/DON l~r.~Tm~R in the amount of $ ~lSa. ~_ on: (Date .of dudDment) 3 [~ Defendants are jointly and severally liable. (Date & Time) [~ DamaDes will be assessed on' Amount of JudDment $ 826.00 Judgment Costs $.. 57 - 50 Interest on dudDment $ .00 [~ This case dismissed without prejudice. Attorney Fees $__ .00 Total $ 883.50 [ Amount of JudDment Subject to Attachment/Act 5 of ~ 996 $ Post JudDment Credits $ Post J.udgment Costs $ [--] Levy is stayed for______ days or [~ 9enerally stayed. " Certified dudgment Total $ ~-*{ Objection to levy has been filed and hearing will be held: Date' Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRipT FORM WITH YOUR NOTICE OF APPEAL. ".;/' 7 /:..:. ~':.,,,'."~ '~ Date . · , District Justi(~e ;, ,~, . My commission expires first Monday of January, 2002 SEAL (~INfONWE. ALTH OF PENNSYLVANIA NOTICE OF APPEAL .coURTOF C ' "PLEAs. . FROM . . ..:..-. ........ ~...~~;.i......~.:..,.DiSTRtCT jUSTICE JUDGMENT "~" ~'" "~"" .... ...'~'.:'~." ' ~/' jU.DiCi~DISTRICT . ..-.. .. : . , , ' ' '""":"'!-";'"' · ' ' 'COMMON PLEAS No. . NOTICE OF APPEAL . .. '" / ' · '/~-m~/~, P~,; / 7c~¥.$ . ' ' "" the rendered by the '" Notice/is giv.~en that the 'appellant has'filed in the above Court of common Pleas an appeal from judgment District JuStice on the date and in the case mentioned .below. ' ' STA~E~i~, ZIP CODE RESS OF APPELLANT ' ADD " ., tJ~ [ t... ~.... · ~~"~~~-- I IN THE CASE OF (PLAINTIFF) '; . _ DATE OF JUDGI~IENT. · ! ....... 'T. .......... __ - cv COX:X) 5'-01 . LT YEAR' - ....... "PA RC'PJ.P .. If appellant'was Claimant (see' · .'... ;~b~ck will be signed ONLY when 'this notation is required under PA... i~)J..P. No. 1008B. No. 100i(6)) in action before dis~~stice,"'he !; notice of,Aia3e..al, v~qr]-~gea~b~/~D,,i~.c/t~~~~[°p~a~ ' ~':"~.MUST FILE A COMPLAINT within twenty (20)" SUPERSEi:~i~r~o tl~'e~j~l;~6f~or po~8~i [ri tiffs case', days after filing his NOTICE of APPEAL. (This section of form to be used ONL~ when appellantRwas DEFENDANT (see PA~.~.~.J.P.~O- ~001(7) in action oelore ulsmct justice:.. IF NOT USED, detach from copy o! notice of appea~ to be served upon appellee. '., !.! PRAEClPE: To Prothonotary "' ~--~ IV~ ~~--'-'.' _, appellee(s), to file a complaint in this aPpeal Enter rule upon Name of appellee(s) (Comn~ Pleas No. ~ '"" ~ "~ (~P ------)within twenty (20)days after s~.~ · ;' ' ~ · Sig~atUre (: ~ appe~nt or his a~Y or agent · · ' '.~% RULE: To ~'.~O$% ~.--~ ~ "~)~e~ .Iqt.~ e..[~. _, appellee(s) · -- Name of appellee(s) , -, . . .~..!). You are notified that a rule is hereby entered upon you to. file a complaint in this appeal Witfiln twenty(20) days L .... ,' · aftm"{he date of service of this rule upon you by personal.service or by certified or registered mail. ·. (2)' i"' If yOcl de not file a complaint within this time, a JUDGM' .~,' T OF NON PROS WILL BE ENTERED AGAINST YOU .: · UPO,Nj .~RAECIPE.. ~ '- date of the mailin (3) '"~'he .date of service of this rule il service was by mail lethe -*- .~.. ..... Date:_ ~. ~ f'(--' ~ ':'~ 31~, * _, Year o~.OO iF. or Deputy __ -- .. tary , ~, ..- . White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Proth.- 76 : Gold - D.J. Copy CAMF' HiLi.. PA l?Olt Postage :~. J.. Ce~ified Fee 04. $ i. 50 Postm~ Return Receipt Fee Hem (Endorsement Requim~ Restricted Delivew F~ (Endomement Requim~ . ~ $3.74 r]~/30/2001 To~I Po~ge & F~s Name (Please Print Clearly) (To be ~mpleted by maile~ ~i;;~l; ~; ~:~'~'8"~;'~1 ............ ; ........... ~' ............................. ' CROSSROADs PROPERTy MANA~BMB~, . INC. , I~ TH~ COURT ~laintif f ' C~BER~.~~ ~_ OE CO~o~ ' NO. 01-1876 REALTy SERVICEs GROUp, 'INc., ' Defendant ~ CIVIL ACTION _ ~W LE ~ DE~~0 A USTED EN ~ CORTE. SI USTED QUIERE DEFE~ERSE DE ESTAs DE~AS EXPUESTAs EN ~S PAGINAs S IGuIE~ES, USTED TIENE ViE~E (20) DIAs DE P~ZO AL PARTIR DE LA FEC~ DE LA DE~A Y LA NOTiFi~CIoN. USTED DEBE PREsE~~ ~A AP~iENciA ESCRITA 0 EN PERSONA 0 POR ~OG~0 Y ARCHIVAR EN LA CORTE EN FO~ ESCRITA SUS DEFENSA co~~ D S 0 SUS _ E SU PERSONA. .__ OBJECIoNEs A r_~. _ PED TIFI~CIoN v ~_ O~EN CO~~ U~~ - D ~ =uR CUALQUIER n~,~. ~~-~ SIN SUS 0 EN ~ PETICIoN DE DEMa~A wu~cA 0 ALIVIo QUE ES PROPIEDa~- --~'~ ' USTED PUEDE PERDER ~~ 00TRos DERECH- D LLEvE ESTA DEMand. OS IMPORT~ES pa~. -_ INERO 0 ~umAGO I~EDIAT~E~E. SI NO TIENE ~0G~uo 0 SI NO TIENE EL DINERO SUFIcIENTE DE PAG~ TAL SERVICIo, VAYA EN PERSONA 0 L~E POR TELEFONo A ~ OEICINA CUYA DIRECCIoN SE ENCUE~~ ESCRITA ~AJo p~ AVERIGuAR DO~E SE PUEDE CONSEGUIR ASISTENciA LEGAL. Cu~erland County La~er R 2 Libert,.- eferral Servi z avenue ce Carlisle, PA 17013 (717) 249-3166 1-800-990_9108 CROSSROADs PROPERTy MANAGEME~, . IN THE COURT OF COMMON PLEAs /NC., · DAUPHIN COUNTy, PENNSYLVANIA Plaintiff . · · NO. 01-1876 REALTY SERVICES GROUP, /NC., ~ Defendant ] CIVIL ACTION _ LAW . I~~~ ~ ~il~~nta~ftfo,rnCe~Os~S~Oa~%~riOcPeesrty Management , 1 p lly files this Complaint Stephen C. NUdel, · laintiff, Cro- - as follows. sSroads Property Management, Inc . Pennsylvania COrporation, . . 32"~ Street, SUite 200 ~_ hav~n~ a bus,ness address of ~^-' ~s a _ , ~amp Hill, P~nn - ~u~ South Pen 2. Defendant, Realty Servic = Syivanxa 17011. nsyivania ~__ es Group, I~c ~uz-poration, h- "-, is a avin~ a bUSiness address of 1509 Cedar Cliff Drive, Camp Hill, Pennsylvania 3. On or about .T, .... 17011. orally that p]=~ .... -~~' 1999, Defendant a~d ~ · for variou- ~~x~ulff would Provide Prone - '~ ria~ntxff a~reed ~ Properti ,.,~_~ . . ~ rty management Services es ,,~un ~nciuded amon~ oth . a 314 Third Street, New C - ers. b -- - ~ Umberland · ~'/ ~OUth 16~a Street, Harrisbur~ c. 2301 Ionoff Road, Harrisbur~ d. 135 East Derry Street, Harrisbur~ e. 3205 North 6~ Street, Harrisbur~ f' 3209 North 6~a Street, Harrisbur~ (collectively "Properties,,) Owned by Defendant ("A~reement,,). 4. Under the terms of the Agreement, Plaintiff agreed to provide property management services which included, among other duties, securing tenants for vacant rental properties and performing routine maintenance and repairs to Defendant,s properties. In return, Defendant agreed to pay for, among other things, the costs of all maintenance and repairs performed by Plaintiff to its properties. 5. Despite request, Defendant has refused to pay eight invoices for repair and maintenance performed by Plaintiff to its properties. True and correct copies of the invoices are attached hereto and made a part hereof collectively as Exhibit "A". 6. Pursuant to the terms of the Agreement, any invoice not paid within thirty (30) days is subject to a 1.5% service fee. 7. Plaintiff has performed all conditions precedent to bringing this action. 8. As a result of Defendant,s refusal to pay the amount due, Plaintiff filed the instant action at the District Magistrate incurring costs of $57.50. 9. Despite request, Defendant has refused to make payment to Plaintiff for the amount due as follows- Invoice #7739 $ 59.00 Invoice #7823 $ 126.00 Invoice #7711 $ 24.00 Invoice #8002 $ 118.00 Invoice #7728 $ 39.00 Invoice #7733 $ 230.00 Invoice #29055 $ 120.00 Invoice #29056 $ 110.00 1.5% Service Fee on Amount Past Due $ 12.40 District Justice Costs $ 57.50 TOTAL- $ 895.90 · WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and a~ainst Defendant in the amount of $895.90 plus interest, costs of suit and attorneys fees. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC St~hen C. N~del~ Esquire Attorney ID #41703 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff AnOEESS 314 3rd St ~O~CE# 7739 INVOiCE DATE 12/711999 CALL IN DATE 11111/1999 Donald KJaiber Realty Services Group, Inc. 1509 Cedar Cliff Ddve SERVICE DATE 11111/1999 Camp Hill, PA 17011 ACCOUNT# C1019 WORK REQUESTED Check leak in bathroom that runs down into diningroom. Crossroads Property Services Inc. SERVICE COMPLETED 42 W. King St. Caulk was cracking around tub and laying on tub ring so cleaned up and recauiked cracks. Lever plate was on upside down. Replaced from trap up to Lancaster, PA 17603 overflow. Property Repairs TAx ID: 25-1695929 Maintenance 717.393.7440 Fax 393.9549 LASOR $ 48 ~ATERIAL $11 SUB CONTRACTORS $ TOTAL $ 59 Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee. ADDRESS 137 S 16th ~NVOiCE # 7823 INVOICE DATE 1/11/2000 CALL IN DATE Donald Klaiber Realty Services Group, Inc. SERVICE DATE 121911999 1509 Cedar Cliff Drive Camp Hill, PA 17011 ACCOUNT# C1019 WORK REQUESTED Install new light in bathroom. Crossroads Property Services Inc. SERVICE COMPLETED 42 W. King St. Install light, switch, and GFI receptacle in bathroom. Lancaster, PA 17603 TAx ID: 25-1695929 Property Repairs Maintenance 717.393.7440 Fax 393.9549 LABOR $ MATERIAL $ SUB CONTRACTORS $ 126 TOTAL $ 126 Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee. ADDRESS 2301 Ionoff INVOICE # 7711 INVC~CE DATE 11/19/1999 Donald KJaiber CALL IN DATE Realty Services Group, Inc. 1509 Cedar Cliff Drive SERVICE DATE 11/411999 Camp Hill, PA 17011 ACCOUNT # C 1019 WORK REQUESTED Hot water will not stay hot. Crossroads 'Property Services Inc. SERVICE COMPLETED 42 W. King St. Power was being shut off when I arrived at property so could not check out hot water problem. Lancaster, PA 17603 TAx ID: 25-1695929 Property Repairs Maintenance 717.393.7440 Fax 393.9549 LABOR $ 24 MATERIAL $ SUB CONTRACTORS $ TOTAL $ 24 Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee. ADDRES~ 135 E Derry INVOICE # 8002 ~NVOICE DATE 1/31/2000 Donald Klaiber CALL IN DATE 1/14/2000 Realty Services Group, Inc. 1509 Cedar Cliff Drive SErviCE DATE 1/15/2000 Camp Hill, PA 17011 ACCOUNT # C1019 WORK REQUESTED Kitchen sink dogged. Crossroads Property Services Inc. SERVICE COMPLETED 42 W. King St. Ran auger through several times before line cleaned out. Replaced trap. Lancaster, PA 17603 Tax ID: 25-1695929 Property Repairs Maintenance 717.393.7440 Fax 393.9549 LASOR $ 112 MATERIAL $ 6 SUB CONTRACTORS $ TOTAL $118 Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee. ADDRESS 314 3rd St., New Cumberland INvo~c£# 7728 INVOICE DATE 11/1911999 Donald Klaiber CALL IN DATE 111911999 Realty Services Group, Inc. 1509 Cedar Cliff Drive SERVICE DATE 1119/1999 Camp Hill, PA 17011 WORK REQUESTED ACCOUNT # C1019 Check kitchen faucet for constant drip. Crossroads Property Services inc. SERVICE COMPLETED Replaced cartridge and O rings in kitchen faucet. 42 W. King St. Lancaster, PA 17603 TAx ID: 25-1695929 Property Repairs Maintenance 717.393.7440 Fax 393.9549 LABOR $ 24 MATERIAL $15 SUB CONTRACTORS $ TOTAL $ 39 Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee. ADDRESS 2301 Ionoff INVOICE# 7733 INVOICE DATE 12/7/1999 Donald Klaiber CALL IN DATE 11/10/1999 Realty Services Group, Inc. 1509 Cedar Cliff Drive SERVICE DATE 11115/1999 Camp Hill, PA 17011 ACCOUNT # C1019 WORK REQUESTED Check no hot water. Crossroads Property Services Inc. SERVICE COMPLETED 42 W. King St. Troubleshot and repaired hot water heater. Replaced heating element. Lancaster, PA 17603 TAx ID'. 25-1695929 Property Repairs Maintenance 717.393.7440 Fax 393.9549 LABOR $ MATERIAL $ SUB CONTRACTORS $ 230 TOTAL $ 230 Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee. IN THE COURT OF COMMON PLEAS CROSSROADS PROPERTY MANAGEMENT, ] CUMBERLAND cOUNTY, PA INC., ' Plaintiff . · NO. 01-1876 V. ' · REALTY SERVICES GROUP, INC., . CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a cogY of the ~oregoing has been duly served u9°n the following, by de9°siting a co9¥ o~ the same in the united States Mail, ~irst-class, 9°stage 9regard' at Harrisburg, Pennsylvania, as ~ollowS' Mr. Don Kleiber Realty Services Groug, Inc. 1509 Cedar Cli~ Drive Cam9 Hill, PA 17011 Harrisburg, PA 17101 (717) 236-5000 Attorney for Plainti~ CROSSROADS PROPERTY MANAGEMENT · IN THE COURT OF COMMON PLEAS INC. , ' ' CUMBERLAND COUNTY, PA Plaintiff . V. · NO. 01-1876 REALTy SERVICES GROUP, INC., · · CIVIL ACTION - LAW Defendant . 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 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 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 CROSSROADS PROPERTY MANAGEMENT, · IN THE COURT OF COMMON PLEAS INC., : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff · v. : NO. 01-1876 REALTY SERVICES GROUP, INC., : : CIVIL ACTION - LAW Defendant : AMENDED COMPLAINT AND NOW, comes Plaintiff, Crossroads Property Management, Inc., by and through its attorneys, Law Offices Stephen C. Nudel, PC, and respectfully files this Amended Complaint as follows- 1. Plaintiff, Crossroads Property Management, Inc., is a Pennsylvania corporation, havin~ a business address of 301 South 32"d Street, Suite 200, Camp Hill, Pennsylvania 17011. 2. Defendant, Realty Services Group, Inc., is a Pennsylvania corporation, having a business address of 1509 Cedar Cliff Drive, Camp Hill, Pennsylvania 17011. 3. On or about June, 1999, Defendant and Plaintiff agreed orally that Plaintiff would provide property maintenance services for various properties which included among others- a. 314 Third Street, New Cumberland b. 137 South 16~ Street, Harrisburg c. 2301 Ionoff Road, Harrisburg d. 135 East Derry Street, Harrisburg e. 3205 North 6~ Street, Harrisburg f. 3209 North 6~ Street, Harrisburg (collectively "Properties") owned by Defendant ("Agreement"). 4. Under the terms of the A~reement, Plaintiff a~reed to provide property maintenance services which included common routine maintenance and repairs to Defendant's property. In return, Defendant a~reed to pay for the costs of all maintenance and repairs performed by Plaintiff to its properties. 5. Despite request, Defendant has refused to pay eight invoices for repair and maintenance performed by Plaintiff to its properties. True and correct copies of the invoices are attached hereto and made a part hereof collectively as Exhibit "A". 6. Pursuant to the terms of the A~reement, any invoice not paid within thirty (30) days is subject to a 1.5% service fee. 7. Plaintiff has performed all conditions precedent to brin~in~ this action. 8. As a result of Defendant's refusal to pay the amount due, Plaintiff filed the instant action at the District Magistrate incurrin~ costs of $57.50. 9. Despite request, Defendant has refused to make payment to Plaintiff for the amount due as follows- Invoice #7739 $ 59.00 Invoice #7823 $ 126.00 Invoice ~7711 $ 24.00 Invoice ~8002 $ 118.00 Invoice #7728 $ 39.00 Invoice #7733 $ 230.00 Invoice #29055 $ 120.00 Invoice #29056 $ 110.00 1.5% Service Fee on Amount Past Due $ 12.40 District Justice Costs $ 57.50 TOTAL- $ 895.90 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and a~ainst Defendant in the amount of $895.90 plus interest, costs of suit and attorneys fees. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Stephen CZ Nude~l, E~quire A~orney ID #41703 ' Ma'rk W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff , ..... INVCNCE# 7739 INVO~C£ OATS 12/711999 .~e~ss 314 3rd St CALL IN OATE 1111111999 Donald Klaiber Realty Services Group, Inc. SERV~C£ OATS 1111111999 1509 Cedar Cliff Drive Camp Hill, PA 17011 ACCOUNT# C1019 WORK REQUESTED Check leak in bathroom that runs down into diningroom. Crossroads Property Services Inc. SEm~CECOU~=LETED 42 W. King St. Caulk was cracking around tub and laying on tub ring so cleaned up and recaulked cracks. Lever plate was on upside down. Replaced from trap up to Lancaster, PA 17603 Property Repairs overflow. Maintenance TAx ID: 25-1695929 717.393.7440 Fax 393.9549 TOTAL $ 59 LABO~ $ 48 ~ATSraAL S 11 SUB CONTRACTORS $ Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee. i~OtCE # 7823 tNVOtCE DATE 1 I1112000 ADD~ESS 137 S 16th CALL IN DATE Donald Kiaiber Realty Services Group, Inc. SErviCE DATE 12/911999 1509 Cedar Cliff Drive Camp Hill, PA 17011 ACCOUNT# C1019 WORK REQUESTED Install new light in bathroom. Crossroads Property Services inc. 42 W. King St. SERVICE COMPLETED Install light, switch, and GF! receptacle in bathroom. Lancaster, PA 17603 Property Repairs TAx ID: 25-1695929 Maintenance 717.393.7440 Fax 393.9549 SUB CONTRACTORS S 126 TOTAL $126 LABOR $ MAi'ERIN- $ Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee.. ADD.ss 314 3rd St.. New Cumberland INVoicE# 7728 INVoicE ~TE 11119/1999 Donald KJaiber Rea/ty Services Group, Inc. C~LI, DATE 111911999 1509 Cedar Cliff Drive Camp Hill, PA 17011 SERVICE DATE 1119/1999 WORK REQUESTED accou~rr # C1019 Check kitchen faucet for constant drip. Crossroads SERVICE COMPLETED Property Services Inc. Replaced cartridge and O rings in kitchen faucet. 42 W. King St. TAx ID: 25-1695929 Lancaster, PA 17603 Property Repairs Maintenance · 717.393.7440 Fax 393.9549 LAaOR $ 24 MATErnAL $15 SUB CONTRACTORS S TOTAL $ 39 Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee. ADDRESS 2301 Ionoff INVOICE # 7733 Donald K/aiber INVOICE DATE 12/7/1999 Realty Services Group, Inc. CALL IN DATE 11/10/1999 1509 Cedar Cliff Drive Camp Hill, PA 17011 SERVICE DATE 1111511999 WORK REQUESTED ACCOUNT # C1019 Check no hot water. Crossroads SERVICE COMPLETED Property Services Inc. Troubleshot and repaired hot water heater. Replaced heating element. 42 W. King St. TAx ID: 25-1695929 Lancaster, PA 17603 Property Repairs Maintenance 717. 393.7440 Fax 393.9549 LABOR $ MATERIAL $ sua CONTRACTORS $ 230 TOTAL s 230 Please pay upon receipt. Invoices not paid within 30 days will be charged a 1.5% service fee.. Ano~ss 3205 N 6th Dona/d K/aiber ;Nvo~;# 2~ Rea~ ~~s Group, In~ 1~ Cedar CI~ D~e ~N~ CampHiiI, PA 17011 ~ REQUE~D ~ment ~r ~ogged; drain lo, ted at ~om of ~eps. ~u~= C1019 s~~ ~MPL~D Crossroads Prope~ Sewices Inc. Auger o~ house ~p and ~r o~ to ~reet. ~ush line. ~ger out side drain in 42 W. ~ng ~t. rear ~i~ll and flushed. Tax ID: 2~1695929 Lan~ster, PA 17603 ~ope~ Repai~ Maintenan~ 717.~3.7~0 Fax sub CO~oRs s ToT~ s; 20 Please pay U~n re~ipt, lnvoi~s not paid ~thin ~0 days ~ll be ~arge~ a ~.5% sewi~ fee. A~ORESS 3209 N 6'th Donald KJaiber INvo~c£ # 29056 INVOICE DATE 5/12/2000 Rea/ty Services Group, Inc. 1509 Cedar Cliff Drive CALL ~ DATE 4/14/2000 Camp Hill, PA 17011 SERVICE DATE 4/14/2000 WORK REQUESTED Sewer C/ogged. ACcoum-# C1019 SERVICE COMPLETED · Crossroads Property Services Inc. AUgered and flushed house trap and augered out to street. 42 W. K/ng St. Tax ID: 25-1695929 ~ Lancaster, PA 17603 Property Repairs Maintenance 717.393.744O Fax 393.9549 LABOR $ sue COm'RACTORS $ TOT~U. $110 Please pay upon receipt. Invoices not paid Within 30 days will be charged a 1.5% service fee. - · VERIPICATION · I, Brian Fulmer, President of Crossroads property · Management, Inc., bein~ authorized to do s.o, verify ~ha~ the · statements in the fore~oin~ document are true and correct to the · best of my knowledge, information and belief. I understand that any false statemen=s herein are made · subjec= to the penalties of 18 Pa.C.S.A. Section 4904, relating .. ' to unsworn falsification to au~horit:es. CROSSROADs PROPERTY MANAGEMENT, . IN THE COURT OF COMMON PLEAS INC., · CUMBERLAND COUNTY PA Plaintiff · , · · NO. 01-1876 · REALTY SERVICES GROUP, INC., . Defendant ' CIVIL ACTION _ LAW CERTIFICATE OF SERVICE I hereby certify that a cogy of the fore~o±n~ has been duly served ugon the following, by degositin~ a cogy of the same in the United States Mail, first-class, 9OStage 9regaid, at Harrisburg, ~ennsylvan±a, as follows. Mr. Don Klaiber ~ealty Services Grou9' Inc. 1509 Cedar Cliff Drive Cam~ Hill, ~A 17011 Date. 5] {~O~ 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff IN TtIE COURT OF COMMON PLEAS CROSSROADS PROPERTY MANAGE~~ CUMBERLAND COUNTY, PA INC., NO 01-1876 V. Realty Services Group, Inc CIVIL ACTION - LAW Defendant RESPONSE TO COMPLAINT~ AND NOW, this 23rd day of May, 2001, comes the Respondent, Realty Services Group, Inc, and files this Response to the Complaim, a statemem of which follows: 1. Admitted 2. Adm~tt~ 3. DeniecL Defendant has no recollection of having any discussion with Plaintiff relative to any contractual matters relative to the list of properties provide& Defendant is not the owner of any of the properties listed. 4. DeniecL Defendant is not the owner of "properties" and has no recolle~on of any "agreement* as mentionexk 5. The averements of paragraph 5 are partially admitted and partially denied. Defendant admits having received requests. Defendant denies knowledge that Plaintiff performed said worlc 6. The averments of paragraph 6 are denied on two matters. Defendant has no recollection of any "agreement" indicating accepatance of terms for interest service charges. Defendant has no recollection of any "terms of Agreement". 7. The averments of paragraph 7 are neither admitted nor denied- Defendant can neither admit or deny activity "performed" by Plaintiff relative to this matter. 8. The averments of paragraph 8 are neither admitted or denied. Defendant can neither admit or deny incurred costs of Plaintiff relative to this matter. 9. The averments of paragraph 9 are partially admitted and partially denied. Defendant denies hating received a "request" for payment from Plaintiff in the mount of $895.50 as stated. Defendant admits that no payment was tenderexl in the mount of $895.50 as alleged as l~ing ~le an l~ay~- WHEREFORE, Defendant respect~ly requests this Honorable Court to dismiss this suit and enter judgement in favor of Defendant and against Plaintiff. Respectfully submitted, Realty Services Group, Inc Date: ~/~ ~ Realty Services Group, Inc 1509 ~ Cliff Drive Camp Hi~, Pa ~7o ~ ~ (717) 731-1000 VERIFICATION I Don Klaiber, Broker of Realty Services Group, Inc., being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C. S.A. Section 4904, relating to unsworn falsification to authorities. Realty Services Group, Inc Don Klaiber Broker CROSSROADs PROPERTY /NC., MAN^G N.r IN ~ CO~T OF C~E~~ CO~oN PLEAS co , pa Realty Serv/ces Group,/nc NO 01-1876 Defendant CIVIL ACTION. LAW I HEREBY CERTIFY THAT A COPy OF THE FOREleG//AS BEEN DULY SERVED U/~N FOLLOWING, BY DEPOSITING A COpy OF SAME 1N THE UN/TED STATEs MAIL, FIRST CLASs, POSTAGE PREPAID, 1N CAMP I-I~L, PA, AS FOLLOWs: Mr. Br/an Fulmer c/o Attorney Stephen Nuclei 219 Pine Street Harrisburg, Pa 17101 Date:~_~l ~~t.~ ' Rea/ty Services Group, Inc 1509 Cedar C1/ffDr/ve Camp bi/H, Pa 17011 C) C.'~' .... ~,., r..",t l'"l"i l':: ~ -- -' ?- ~. P'-.) .. C.,") ~ ' .r'. .... ~,.. ~ . . --..~. ..... ~.~1-''. .... .. ~., . ~.~.. ."~, .._.. ~;':[ (.. ---- .,,... ~2'.' {.-..:. '--- , '~ ";' :..q --4 ¢7,,' CROSSROADS .PROPERTY MANAGEMENT I'N THE COb.~ ~ OF COMMON PLEAS !NC. "'" ' CUMBERLAND COUNTY..PA Plaintiff NO ()1-1876 Realty Services Group, lnc CIVIL ACTION - I,AW Defendan,, SET 1 Defendant: Realty Sen, ices Group, Inc, by the undersigned, requests fha! Crossroads Property Ma,agemcnl, lnc., answer under oalh lhe 'following .l'n~errog~o.ries within ~hiny (30) dyas of service in accordance with PA. R.C.P. Rules. Those Interrogatories are deemed to 'be continuing to the extent provided ~, Pa R.C.P. Rules: INSTRUCTIONS Please follow these instructions and use the following definitions in answering these Interrog~atories. Any term or word which is not defined herein has its usual and customary meanin~.:j. a. Each of t!le following Interrogatories shall be answered separately and fully in writing. The answers shall be sig-ned and ¥'e?ified by the person making them. Objections, if any- shall, be sic3ned by the attorney making Ehem. b. Wlxe.re knowledge or information in possessiox.~, of a is requested, such request includes knowledge of the. part_x..,,s agents, employees, servants, officers, directors, accountants, attorneys (unless privileged), or other persons acting or purporting to act on behalf of the part?- to ~hom these Interrogatories are addressed. You must make inquiries of acjent, s: employees: etc..., whenever such inquiry is necessar:,.~ enable you to answer these Interrogatories completely: and accurately. _ c. When, after a reasonable and thorough investigation, are unable to answer any interrogatory, or any part thereof, .because of lack of information available to ,¥:ou, specify, in and complete detail the reason the info~-mation is not av'ai!ab!e to you and what has been done to locate such infox~]ation. In a~.~di, tion, specify what knowledge or belief _%~ou have concerni:t.:t!i..]. the unanswered portion of the interrogatory and set forth the facts upon which such knowledge or belief is based. d. Where an interrogatory does not specifically request a particular fact, but where such fact or facts are necessary to make the answer to the interrogatory either comprehensible, or complete, or not misleading, you are requested to include such fact or facts as part of the answer, and the interrogatory shall be deemed specifically to request such fact or facts. e. If in answering these Interrogatories you encounter any ambiguity in a question, instruction, or definition, set forth the matter deemed ambiguous and the interpretation you used in answering. f. If you assert a privilege, work product doctrine immunity, or decline to provide an answer on the basis of some other objection, please furnish the following. 1. Identify the Interrogatory to which an objection is asserted or identify that document withheld; 2. State the nature of the asserted privilege and the basis upon which it is claimed; 3. Provide a description of the nature and subject matter of the information requested or the documents withheld; 4. Identify every person to whom the document was sent, or every person present when the communication was made; 5. Identify the present custodian of the document if any. , Include sufficient facts for the court to make a full determination of whether the claim or objection is valid. ~. Unless otherwise indicated, these Interrogatories refer to the time, places, and circumstances of the occurrences mentioned or complained of in Plaintiff,s Complaint and De fendant ' s Answer. h. "Plaintiff,, means Crossroads Property Management, Inc. "Defendant,, means Realty Services Group, Inc., and its respective officers, directors, employees and a~ents. · i. The pronoun "you" refers to the party to whom these Interrogatories are addressed, the party's a~ents, representatives and, unless privileged, the party's attorney. Additionally, the pronoun "your" refers to each parent, predecessor, subsidiary, affiliate, and each present and former officer, employee, a~ent, representative, and attorney of a corporate or other business entity. j. "Document" means any writin~ of any kind, includin~ written, recorded or ~raphic matter, however produced or reproduced. It includes all matters that relate to or refer to in whole or in part of the subject referred to in any Interrogatory. If a document has been prepared in several copies or if additional copies have been made and the copies are not identical (or by reason or subsequent modification by the addition or notations or o~her modifications, copies are no longer identical) each nonidentical copy is a separate "document." The term "document" includes, but is not limited to correspondence, personal and interoffice memoranda, notes, diaries, lo~ books, statistics, letters, telegrams, fax transmissions, minutes, contract, reports, studies, check statements, receipts, returns, summaries, pamphlets, books, inter-office communications, notations or memoranda or conversations, bulletins, printed matter, computer printouts, teletypes, invoices, recordings, worksheets, and all draft, alterations, modifications, chan~es and/or amendments or any of the fore~oin~. k. "All documents" means every document as above defined known to you and every such document which may be located or discovered by reasonable effort. 1. The term "possession, custody, or control" includes the joint of several possessions, custody or control not only by Plaintiff, but also by each and any person ac~in~ or purportin~ to act in concert with or on behalf of the Defendant whether as an a~ent, employee, attorney, accountant or otherwise. m. The word "person" means any natural individual in any capacity whatsoever or any entity or organization, includin~ divisions, departments, or other units therein, and shall include without limitation a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, ~overnment a~ency, commission, bureau, or department. n. The term "communication" means any oral or written utterance, notation, or statement of any nature whatsoever between or among two or more persons, by or to whomsoever made, and including without limitation correspondence, documents, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings. "or words of similar import when o. The word "identify, , used in reference to- 1. a natural individual, requires you to state his or her full name, and present or last known residential address, bu§iness address, and telephone number; 2. a corporation, requires you to state its full corporate name, and any names under which it does business, its state of incorporation, the address and telephone number of its principle place of business, and the address and telephone number(s) of all of its officers; 3. a business other than a corporation, requires you to state its full name or style under which its business is conducted, and any names under which it does business, its business address, its telephone number(s), and the identity of the persons who own, operate and control the business and their addresses and telephone number(s). 4. a document, requires you to state its title, its date, the names of its authors and recipients, and is present or last known location and custodian, including any documents prepared subsequent to any time period. 5. a communication, requires you, if any part of the communication was written, to identify the documents which refer to or evidence the communication, and, if any part of the communication was non-written, to identify the person participating in or otherwise present during all or part of the communication, and describe the substance thereof. p. When an interrogatory requires you to "describe," to "state the basis of," or to "state the facts" on which you rely to support a particular claim, contention, or allegation, state in your answer each and every fact and identify each and every communication or document which you contend supports, refers to, or evidences such claim, contention, or allegation. When an interrogatory requires you otherwise to describe or state the facts relating to any particular set of circumstances, act, event, transaction, occurrence, meeting, purchase, sale, agreement, contract, venture, relationship, conversation, representation, communication, or other item of information, state briefly in your transaction, OCCurr of circumstances; ide t_h_e__reto, or have know~_n~t_l_fy_ _any persons wh~n_c.e__' relationshi ~_m~__un~cations and ~_=.u._~_e thereof; and ~k~~ or were DartPi~set · . -~-~sn~p, set of c~.'%.~s%~~c~~' etc q These Interrogatories shall be · n nature, in accordance With the provis~eemed to be cont~nu~ Rules of C~v~l.P~ocedure a . i~ons of the Pe~s lvan~ time of trial of this er ~ear~ the iden · _ matter, you o __ro~atorzes ~now~~-- - tlty a~d 1~--=~ r anyo~e ~~__ . , and the =~_i~u~ ct- discov~w=~~u~uzon or addit' -~~~ in your b = ~cc --~~ fa ~onal er ehalf ~P eG to be ca~-~ - cts and t~ :_~ . P son havin~ ~ your An~,,~_ ~=u as an e~ .... **= ~uentitv · ~_ - ..... =~ · __ ~=zu wit . ~ ~ p~rson l~foz~=,~-_ , or if vo~ ~_ _ ness at .... s Answer~~%~on the basis ~ ~i~pert witnes~~~a~t disclosed co . correct when ma , r~~ or he ~ows that an rrect when made ~ de o furnmsh SUch an ~.__s. no longer t~,~ ..s that an ~sw~ r. In const~in9 these Interrogatories, the sin~lar shall be deemed to include the plural, the plural shall be deemed to include the sin~lar, the masculine ~ender shall include the feminine, and the feminine shall include the masculine. 1. Provide an explanalion and all written documentation supporting Plaintiff cla/m thai. Plaintiffhad a conlractuai relationship wJ~h Defendant in provJcl/ng the services c/aimed in ~ lawsuit, including but not lmtited to Plantiffs managemen! contract with Defendant. :2. List ail civil litigation which Plaintiff has been involved in within tl~e last five(5) years. Descr/be the litigation in smnmary Fashion and specify any cia/ms made against Plaintiff in any County of Penn .sylvan/a. 3. As to each Invoice attached to Plaintiffs Complaint as "Exhibit A", explain for each invoice, who took thc request, how the reques! was received, how any estimates/'or work were approved by Defend~m, who completed the work, wllo signed any invoice or work order confirm/ng work was completed, and who performed the work. 4. Relative to perso~ who alleged/y performed repairs, provide wor/q~rsons name, qua!ificalions and what licences said person liolds. .5. ~r/be Plah~tiffs training program for independent contractors or employees who perform maimenance work under the property maa~agcment functions of Crossroads Property Moa~agcmem. 6. Provide doCUmental/on h~d/cating that Plaintiff was ~ to lease apartments for Detendam. 7. Pro~ copies or cinfirmation of a/l mercantile licenses or other business licenses Plaintiff has in the coumies/borougl~s/iownshil~ in which the alleged work of 'Exhibit A' was performed during the time periods when said work was perfonned. 8. Provide copy of Plaintiffs Brokers license or contirnmtion that Plaintiff was licensed in Pa to perform property management services during: the pe .riod of tin. ~gthat alleged work was performed for services outlined in "Exhibit A" and any matter of this lawsmt. 9. Identify and provide copies of all documents ~vhich you intend to present at the trial of this matter. CROSSROADS .PROPERTY MANAGE.~~ IN THE COURT OF COMMON PLEAS INC.. CUMBERLAND COUNTY, PA Plaintiff NO 01-1876 Really Services Group, Inc CIVIL ACTION - LAW Defendant' CERTIF.!CA~ OF SERVICE I HEREBY CERTIFY THAT A COPY OF THE FOREleG HAS BEEN DULY SERVED UI~N THE FOLLOWING, BY DEPOSITING A COPY OF SAME IN THE UNITED STATES MAIL, FIRST CLASS. POSTAGE PREPAID, IN CAMP HILL, PA~ AS FOLLOWS: Mr. Brian Fulmer c/o Attorney Stephen Nud¢l 219 Pine Street Harrisburg, Pa 17101 Date:_ Re. al~ Services Group, 1nc 1509 Cedar Cliff Drive Camp Hill, Pa 170 CROSSROADS PROPERTY MANAGEMENT 1N THE COURT OF COMMON PLEAS INC., ' CUMBERLAND COUNTY, PA Plaintiff Mo NO 01-1876 Realt3, Services Group, lnc CIVIL ACTION - LAW Defendant ~I~RESPONSE TO COMPLAINT AND NOW, this 20TH day of July, 2001, comes the Respondem, Realty Services Group, Inc, and f~es this Response to the Interrogatories, a statement of wlfich follows: 1. Self 2. None to best of my knowledge 3. Tenant Placement: Realty Services Group does not. recall having Plaintiff provide services for tenant placement, therefore, answers to questions a. through f. are as follows: . a. Unknown b. U~dmown c. Unknown d. Unknown e. Unlmown f. Unknown 4. #7739a. No b. Unknown c. Unknown 4 it 7823a. No b. [hflmown c. Unknmw~ 4#7711 a. No b. Unknown c. Unknown 4#8002 a. No b. No ¢. Unka~o~vn 4//7728 a. No b. Unknown c. Unlcnown 4/47733 a. No b, Unknoxvai c. Unknown 4#29055a. No b. Unknown c. Unl~own 4#29056a. No b. Unknown c. U~flmown 5. The question implies that. Defendm~t. admit requesting services from Plaintiff, subject of this suit, which is felt is inappropriate and to which Defendant does not want to admit by implication. In general, however, when Defendant requests any tbq~e of sex~,ie from a vendor, Defendant relies upon vendors procedualt requirements rather than attempting to impose a system upon the vendor. 6. Refer to responses of article #4, self explanatory...no recollection of alleged nuatters. 7. Refer to respon~ of,article 84, self explmmtory...no recollection of alleged matters, 8. # 7739 manager # 7823 manager # 7711 no affiliation # 8002 no affdiation End of Required Responses (40) I Don K/a/her, Broker ofRea/ty Serv/ces Group,/nc., being author/zed to do so, vet/fy that the statements in the foregoing dOCument are true and correct to the best of/ny know/edge, information, and belief. I Understand that any fa/se statements herein are made subject to the pena/ties of 18 Pa. C. S. A. Section 4904, relating to Unsworn falsification to authorities. Date: ~~/~w Realty Services Group, Broker THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255- 763 7 Attorney for Defendants ~ · OF cOMMON PLEAS coNSTANCE SWEIGERT and ~ CUMBERLAND COUNTY - JOHN SWEIGERT, her husband, Plaintiffs . pENNSYLVANIA · · v. · DocKET NO. 01-1942 Civil Term · · CIVIL ACTION - LAW SMITH RADIOLOGY, INC., . HENRY SMITH, D.O., and . GARRY MALNAR, D.O., Defendants · JURY TRIAL DEMANDED NOTICE TO PLEAD To: Constance and John Sweigert, by and through their attorney, Robin J. Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 You are hereby notified to plead to the enclosed New Matter within twenty (20) days of service hereof or the relief requested may be entered against you. THOMAS, THOMAS & HAFER, LLP Attorney for THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255- 763 7 Attorney for Defendants CONSTANCE SWEIGERT and · IN THE COURT OF COMMON PLEAS JOHN SWEIGERT, her husband, ' CUMBERLAND COUNTY - Plaintiffs 'PENNSYLVANIA V. · DOCKET NO. 01-1942 Civil Term · SMITH RADIOLOGY, INC., · CIVIL ACTION - LAW HENRY SMITH, D.O., and . GARRY MALNAR, D.O., . Defendants · JURY TRIAL DEMANDED ANSER WITH NlgW MATTER TO PLAINTIFFS' COMPLAINT AND NOW come the Defendants, Smith Radiology, Inc., Henry Smith, D.O., and Garry Malnar, D.O. by and through their attorneys, Thomas, Thomas & Hafer, LLP, to respond to Plaintiffs' Complaint as follows: 1-4. The averments contained in Paragraphs 1 through 4 of Plaintiffs' Complaint are admitted. 5. The avermems comained in Paragraph 5 of Plaintiffs' Complaint are admitted in part and denied in part. It is 'admitted that, at all times relevant hereto, Drs. Smith and Malnar were employees of Smith Radiology, Inc., and acting within the course and scope of their employmem. To the extem that the averments comained in Paragraph 5 of Plaintiffs' Complaim fail to set forth the idemities of any other alleged agems,' servams or employees of Smith Radiology, Inc., said avermems are specifically denied and proof thereof is demanded at the time of trial. 6-47. The avermems contained in Paragraphs 6 through 47 of Plaimiffs' Complaint are denied generally pursuam to the Pennsylvania Rules of Civil Procedure 1029(e). Furthermore to the extent that the avermems allege that certain unidemified individuals were acting as agems, servams or employees of Smith Radiology, Inc., said avermems are specifically denied and proof thereof it demanded at the time of trial. 48-50.The avermems contained in Paragraphs 48 through 50 of Plaintiffs' Complaim set forth conclusions as opposed to statements of fact and, therefore, no response is required. 51-61.The averments contained in Paragraphs 51 through 61 of Plaimiffs' Complaim set forth conclusions as opposed to statements of fact and, therefore, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. 62. The responding Defendants are without knowledge and information sufficiem to either admit or deny the avermems comained in Paragraph 62 of Plaimiffs' Complaim. Pursuam to the Pennsylvania Rules of Civil Procedure 1029(e) said averments are specifically denied and proof thereof is demanded at the time of trial. COUNT I CONSTANCE SWEIGERT and JOHN SWEIGART ¥. GARRY MALNAR, D.O. 63. Paragraphs 1 through 62 of this Answer with New Matter to Plaintiffs' Complaim are incorporated herein by reference as if set forth at length. 64. The averments contained in Paragraph 64 of Plaintiffs' Complaim set forth conclusions as opposed to statemems of fact and no response is required. Nevertheless, said averments are specifically denied and proof thereof is demand at the time of trial. Furthermore, the Responding Defendant believes and, therefore, avers that at all times relevam hereto, he acted in accordance with required standards of medical care. 65. The averments contained in Paragraph 65 of Plaintiffs' Complaint set forth conclusions as opposed to statemems of fact and no response is required. Nevertheless, said avermems are specifically denied and proof thereof is demand at the time of trial. WHEREFORE, the Responding Defendams demands judgmem in their favor and against the Plaintiffs. ~ERIFICATION I, Henry Smith, D.O., hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: HENR~(/II~H, D."(3. ' CERTIFICATE OF SERVICE I, Kathy L. Sitler, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a tree and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: Robin J. Marzella, Esquire 3513 North From Street Harrisburg, PA 17110 Date' ~.~--."~~ C~~,. C~.~O( KATHY~iTLER~