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HomeMy WebLinkAbout01-3161RiTNER STEEL, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. o,- THE QUANDEL GROUP, INC., Defendant CIVIL ACTION - LAW NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth iu 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 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. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 RITNER STEEL, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA : NO. THE QUANDEL GROUP. INC.. : Defendant : CIVIL ACTION- LAW COMPLAINT AND NOW, comes the Plaintitt; Ritner Steel. Inc., by and through its attorneys, Butler Law Fim~, and files this Complaint against Defendant, The Quandel Group, Inc., and in support thereof avers as follows: 1. The Plaintiff, Ritner Steel, Inc., is a corporation registered to do business in the Commonwealth of Pennsylvania with its principal place of business at 131 Stover Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, The Qum~del Group. Inc., is a corporation registered to do business in the Commonwealth of Pennsylvania with its principal place of business at 4755 Linglestown Road, Building #200, Harrisburg, Pem~sylvania 17112. 3. Defendant has failed and refused to pay for materials and services provided by Plaintiff as described on Invoice #744-1 dated February 16, 2001, in the total amount of $131,554.00. A true and correct copy of Invoice #744-1 is attached hereto at~d made a part hereof as Exhibit "A". 4. Plaintiff provided to Defendant the materials and services described on Invoice #744-1 at Defendant's request and in a timely and workmanlike manner. 5. The prices charged for said materials and services were agreed to by Defendant and are the reasonable and the market prices therefor. 6. Despite demand for payment, Defendant has failed and refused to pay the balance due and owing {$131,554.00) plus interest through May 18, 2001 at a rate of 1.5% per month {$3,946.62). Thus, the total amount due and owing to Plaintiff is $135,500.62. WHEREFORE, Plaintift; Ritner Steel, Inc., respectfully requests this Honorable Court to enter judgment for Plaintiffand against Defendant, The Quandel Group, Inc., in the amount of $135,500.62 plus interest and costs of this suit and grant all such other relief as it proper and just. Respectfully submitted. BUTLER LAW FIRM Attorneys for ?laintiff By: Ronald D. Butler, Esquire I.D. #09826 Jana C. Butler, Esquire I.D. #80574 P.O. Box 1004 Harrisburg, PA 17108-1004 {717) 236-1485 Ritner S~.eel, Inc. Invoice 131 Btover ~riv~ Invoice Number: P.o. BOX 615 744-1 Carlisle, PA 17013 Invoice Date: Voice: 717-249-1449 Feb 16, 200'. Fax: 717-249-6829 Paoe. Duplicate - SoldTo: Shioto: THE QUANDEL OROUP, INC. ASHL4%ND HOSPITAL 4755 LINGLESTOWN RD., ASHLA,N'D, PA BLDG. #200 RITNER #744 }~RISBURG, PA 17112 !__ CustomerIO CustomerPO PaymentTerms - QUANDEL Net 30 Days Sales Rep ID Shlopina Method Ship Date Due Date _. 3/1 /o1 Quanfl~ Ite~ Oescrlnt~N UnltPrioa { Extension. 1.00 MEC~ICALFURNISH & INSTALL:ROOM COL~4NS; 77,256.60J 77,256.60 FLOOR & ROOF FRAMING; BAR ~RAT~NG (STD. BLACK PAINT); ROOF DECK; BRACING; COOLING rOWER SUPPORT FEAMING 1.00 CF~ANGE ORDER #1 46,317.92 46,317.92 1.00 CHANGE ORDER #2 I 533.03 513.03{ THANK YOU YO~ YOUR ORDER, WE APPRECIATE YCUR BUSINESS Subtotal 124,107 Sales Tax 7,446 To~{ Invoice Amount 131,554 Check No: Payment Received TOTAL 131,554.00 WE RESERVE THE RIGHT TO CHARGE INTEREST OF 1.5% PER MONTH ON DELINQUENT BALARC~ EY lBCr VERIFICATION I, JOSEPH DORBIAN, President of the Plaintiffhemin, hereby certify that the facts set forth in the foregoing Complaint are tree and correct according to the best of my kmowledge, infom~ation and belief. i understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unswom Falsification to at, thorities. Dated: 5ll~lo~ SHERIFF,s RETURN - OUT OF COUNTy CASE NO: 2001-03161 p COMMONWEALTH OF COUNTY OF PENNSYLvA_NIA: CUMBERLAND RITNER STE~E~ INC VS QUANDEL GROUP INC~T~E R. Thomas Kline · Sheriff or Deputy Sheriff who being duly SWorn according to law, Says, that he made a diligent search and and inquiry for the within named DEFENDANT__~ to wit: QUANDEL GROUP /NC THE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of D~UPHiN Serve the within COMPLAINT & NOTICE County· Pennsylvania, to attached return from DA~p~ ' this °fflce was ~_ Sheriff's Costs: Docketing So~ Out of County 18.00 an, -.. .. Surcharge 9.00 ~' ~- J .... . ........ 10.00 Dep Dauphin Co 30.50 · 00 Sheriff of Cumberland County 06/20/200 BUTLER LAw FIRM Sworn and subscribed to before me this 2~__ day o~~ ~J~'~/ A.D. -- =~nono~a~y'~~ Mary Jane Snvder ~ Rea] Estate Deputy J. Daniel 8asile William T. Tully Cttie/'Deputy Solicitor ' MiChael W. Rinehart Dauphin Coumv ^ssislant Ch~et'DeplRy Harrisburg. Pennsvlvani'a 17101 ph: (717) 255-2660 /:ax: (717) 255-2889 · lack Lo,rick Sheri~ Commonwealth °fPennsylvania : RITNER STEEL INC County of Dauphin ~s : THE OUANDE~ GROUp ~NC Sheriff, s Return No. 1532-T _ - -2001 OTHER COUNTy NO. 01-3161 .AND NOW: June !3, 2001 at 2:30PH Served the within NOTICE & COMPLAINT Upon THE QUANDEL GROUP INC by personally handing to KRISTIE WILSON, RECEPTIONIST of the original 1 true attested COpy(les) NOTICE & COMPLAINT to him/her the COntents thereof at 4755 LINGLESTOWN RD. and making known BUILDING 200 HARRISBURG, PA 17112-0000 SWorn and subscribed to So Answers, before me this 15TH day of JUNE, PROTHONOTARY '" Sheriff, s Costs: $30.50 PD 06/07/2001 RCPT NO 150734 In The Court of Common Pleas of Cumberland County, Pennsylvania Ritner Steel Inc. VS. The Quandel Group Inc. No. _2001 3161 civil Now,_ .May. 24 ,20~01, I, SH~PJFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof D_~auphin COLUKy tO execute this Walt, tbJs deputation being made at the request and risk of the Plainti~ Sh~riffofCamberland County., PA Affidavit of Service ]WOW, ~ _,20 ,at -- -- o'clock ~ M. served the within upon by handin§ to a ~ ~- _ copy of the original __ and made known to ~ the contents thereof. So anSWerS, Sheriff of County. PA Sworn and subscribed before COSTS SERVICE $ me this __ day of_ __ _, 20~ MILEAGE- .------- AFFIDAVI~ $ RITNER STEEL, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-3161 THE QUANDEL GROUP, FNC., : Defendant : CIVIL ACTION - LAW IMPORTANT NOTICE TO: The Quandel Group, Inc. (Defendant) DATE OF NOTICE: July 6, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA IMPORTANTE A: The Quandel Group, Inc. (Demandado) FECHA DE NOTICIA: July 6, 2001 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DCBA-200-Rule 4.7-4/3/81-M RITNER STEEL, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-3161 THE QUANDEL GROUP, INC., : DeFendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I. Ronald D. Butler, Esquire, hereby certify that on the 0th day of July. 2001, I served a truc and correct copy of the foregoing 10 Day Notice by depositing same in thc United States Mail, postage prepaid in Harrisburg. Pennsylvania, addressed as follows: The Quandel Group, Inc. 4755 Linglestown Road Harrisburg, PA 17112 Ronald D. Butler, Esquire Attorney for Plaintiff I.D. #09826 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RITNER STEEL, INC, : NO. 01-3161 Plaintiff : : VS. : : THE QUANDEL GROUP, INC., : Defendant : DEFENDANT'S ANSWER WITH NEW MA'I-FER AND NOW, comes Defendant, The Quandel Group, Inc. ("Quander'), by and through its undersigned counsel, and answers the Complaint of Plaintiff, Ritner Steel, Inc. ("Ritner"), as follows: 1. Admitted. 2. Admitted. 3. Denied as stated insofar as Quandel is not legally obligated to pay for the materials and services claimed by Ritner until such time as Quandel receives payment from the Owner. 4. This averment contains a conclusion of law to which response is required. 5. This averment contains a conclusion of law to which no response is required. To the extent a response is required, Quandel demands strict proof that Ritner's prices and services are in accordance with reasonable and market prices. -1- 6. It is specifically denied that Quandel is obligated to pay interest at the rate of 1.5% per month or that the total amount due and owing Ritner is $135,500.62. WHEREFORE, Defendant, The Quandel Group, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, Ritner Steel, Inc. NEW MA'Iq'ER 1. Ritner's claims are barred by the doctrine of estoppel 2. Ritner's claims are barred by the doctrine of ripeness. 3. Ritner's claims are barred by the doctrine of the statute of frauds. WHEREFORE, Defendant, The Quandel Group, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, Ritner Steel, Inc. Respectfully submitted, RILEY AND FANELLI, P.C. Sudhlr R Patel, q Attorney I.D. No. 75914 The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 (570) 622-2455 Counsel for the Plaintiffs -2- '07/16}01 14:08 FAA 717 6~2 6282 QUANDEL GROUP I, JOSEPH CHICORA, verifY that I am authorized to make this Verification on behalf of The Quandel Group, inc. I verifY that the statements made in the foregoing Answer with New Matter which are within my personal knowledge are true and correct and those which are based on information received from others I believe :o be true and correct. I understand that any false statements in the foregoing Responses are subject to the penalties under 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ~/-I~- OI ~ THE QUANDEL GROUP, INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint has been served on the following person(s) in the following manner: BY FIRST-CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Ronald D. Butler, Esquire THE BUTLER LAW FIRM P.O. Box 1004 Harrisburg, PA 1 7108-1004 SUI~HIR R 'I~ATEL,'ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RITNER STEEL, INC, : NO. 01-3161 Plaintiff : : VS. : : THE QUANDEL GROUP, INC., : Defendant : PRAECIPE FOR ENTRY OF APPEARANCF TO THE PROTHONOTARY: Kindly enter the appearance of Sudhir R. Patel, Esquire, as counsel for the above-captioned Defendant, The Quandel Group, Inc. Respectfully submitted, RILEY AND FANELLI, P.C. Attorney I.D. No. 75914 The Necho Allen No. ! Mahantongo Street Pottsville, PA 17901 (570) 622-2455 CERTIFICATE OF SERVIt~F I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been served on the following person(s) in the following manner; BY FIRST-CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Ronald D. Butler, Esquire THE BUTLER LAW FIRM P.O. Box ! 004 Harrisburg, PA 17108-1004 Je~ifer M. He - -- - -- pier, Secretary to SUDHIR R. PATEL, ESQUIRE RITNER STEEL, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-3161 THE QUANDEL GROUP, INC., Defendant CIVIL ACTION - LAW REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Ritner Steel, Inc., by and through its attorneys, Butler Law Firm, and files this Reply to New Matter and in support thereof avers as follows: 1. Denied. The allegations contained in paragraph I of Defendant's New Matter constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, the allegations are specifically denied. 2. Denied. The allegations contained in paragraph 2 of Defendant's New Matter constitute a conclusion of law to which no response is requi~d. To the extent a response is deemed to be required, the allegations are specifically denied. 3. Denied. The allegations contained in paragraph 3 of Defendant's New Matter constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, the allegations are specifically denied. WHEREFORE, Plaintiff, Ritner Steel, Inc., respectfully requests this Honorable Court to dismiss Defendant's New Matter and enter judgment in favor of Plaintiff and against Defendant, The Quandel Group, Inc., in the amount of $135,500.62 plus interest and costs of this suit and grant all such other relief as it proper and just. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff By: l~onald D. Btitler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 I. JOSEPH DORBIAN, President of the Plaintiff herein, hereby certify that the facts set forth in the foregoing Reply to New Matter are true and correct according to the best of my knowledge, infomaation and belief. I understand that any false statements heroin are made subject to penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. .! ~ Joseph Dorbian ..// RITNER STEEL, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. i : NO. 01-3161 THE QUANDEL GROUP, INC., : Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE 1, Jana Butler Toole, Esquire. hereby certify that on the,~.-~/ day of July, 2001, I served a true and correct copy of the foregoing Reply to New Matter by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Sudhir R. Patel, Esquire Riley and Fanelli, P.C. The Necho Allen No. I Mahantongo Street Pottsville, PA 17901 Jana ~utler Toole, EsquireS"' Atto~ey for Plaintiff I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717} 236-1485 RITNER STEEL, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-3161 : THE QUANDEL GROUP, INC., : Defendant : CIVIL ACTION - LAW PLAINTIFF'S MOTION FOR SANCTIONS UNDER PA.R.C.P. 4019fa}(1)fil and Ivii) FOR FAILURE TO RESPOND TO DISCOVERY AND NOW, comes the Plaintiff, Ritner Steel, Inc., by and through its attorneys, Butler Law Firm, and hereby moves this Court to enter an order pursuant to Pa.R.C.P. 4019(a)(1 )(i) and 4019(a)(l )(vii) directing Defendant, The Quandel Group, to serve full and cmnplete answers to Plaintiff's Interrogatories Addressed to Defendant (First Set) and to fully and completely respond to Plaintiff's Request for Production of Documents Addressed to Defendant (First Set) or suffer sanctions, and in support thereof avers as follows: 1. Oo May 23, 2001, Plaintiff filed a Complaint in the above-captioned matter. Defendant filed an Answer and New Matter on or about July 16, 2001. Plaintifffiled a Reply to Defendant's New Matter on July 23, 2001. 2. On July 27, 2001, Plaintiff served a set of Interrogatories upon counsel for Defendant. A true and correct copy of PlaintilTs Interrogatories Addressed to Defendant (First Set) is attached hereto and made a part hereof as Exhibit "A". 3. On July 27, 2001, Plaintiffalso served a request for production of documents upon counsel for Defendant. A true and correct copy of Plaintiff's Request for Production of Documents Addressed to Defendant (First Set) is attached hereto and made a part hereof as Exhibit "B". 4. A period of more than thirty (30) days has elapsed since the interrogatories and request for production of documents were served upon counsel for Defendant, and no response of any kind has been provided. 5. Counsel for Plaintiff contacted counsel for Defendant in writing by letter dated August 28. 2001, requesting responses to Plaintiff's discovery within seven (7) days. Plaintiffreceived no response to this letter. A true and correct copy of the August 28. 2001, letter is attached hereto and made a part hereof as Exhibit "C". 6. For all of the foregoing reasons. Plaintiffbelieves and therefore avers that Defendant will neither answer Plaintiff's interrogatories nor produce the requested documents absent a court order. WHEREFORE. Plaintiff respectfully requests this Honorable Court to enter an order directing Defendant to file full and complete answers to Plaintiff's interrogatories and produce the requested documents within ten (10) days or suffer appropriate sanctions to be imposed upon further application to the Court. Respectfully Submitted, Ronald D. Butler, Esquire I.D. # 09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 {717) 236-1485 RITNER STEEL, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-3161 : THE QUANDEL GROUP, INC., : Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the _7___~day of September, 2001, 1 served a true and correct copy of the foregoing Plaintiffs Motion for Sanctions Under Pa.R.C.P. 4019(a)(1 )(i) and (vii) for Failure to Respond to Discovery by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Sudhir R. Patel, Esquire The Necho Allen No. I Mahantongo Street Pottsville, PA 17901 ~r~ey f~ Plainti. #8os 4 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 RITNER STEEL, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : N0.01-3161 THE QUANDEL GROUP, INC., : Defendant : CIVIL ACTION- LAW PLAINTIFF'S INTERROGATORIES ADDRESSED TO DEFENDANT (FIRST SET) TO: The Quandel Group, Inc. c/o Sudhir R. Patel, Esquire The Necho Allen No. I Mahantongo Street Pottsville, PA 17901 AND NOW, Plaintiff, Ritner Steel, Inc. (hereinafter referred to as "Ritner"), requests that Defendant, The Quandel Group, Inc. (hereinafter referred to as "Quandel"), answer Plaintiff's Interrogatories Addressed to Defendant (First Set) in writing and under oath in the space provided below within thirty (30) days of service of same. These interrogatories are deemed to be continuing. For purposes of these Interrogatories, the following definitions and instructions shall apply: DEFINITIONS AND INSTRUCTIONS TO INTERROGATORII~.~ A. As used herein, "communication" shall mean any statement transmitted, either orally or in writing, between two or more persons, including but not limited to correspondence, telegrams, telexes, memoranda, notes, telephone conversations, and direct personal statements. B. As used herein, "describe in detail" shall mean to identify all facts, including but not limited to the dates relevant to each event or occurrence, that relate directly or indirectly to the subject matter oflhe Interrogatory, all persons involved directly or indirectly in the subject EX. HIBIT""A· matter of the Interrogatory (providing the information for each person as requested in ¶ G below), all communications that directly or indirectly affected the subject matter of the Interrogatory (providing for each oral communication the information requested in ¶ H below), and all documents relating directly or indirectly to the subject matter of the Interrogatory (providing the information for each document as requested in ¶ I below). C. As used herein, "document" is used in its broadest sense and means every type of material that is producible under the Pennsylvania Rules of Civil Procedure relating to discovery requests, and any writing or recording of any nature or description, including handwriting, typewriting, printing, photographing, photostating, tape, wire, graphic material, video, belt, disc recording or e-mail, as well as audio or visual recordings or reproductions of any kind; every other means of recording upon tangible thing in any form, including without limitation drafts, originals and copies ofbooks, calendars, pocket calendars, pocket planners, diaries, correspondence, memoranda, repons, minutes, notes, records, contracts, proposals, airline tickets, checks, bills, receipts, telegrams, computer tapes, computer disks, data processing program coding sheets, computer storage ofany type, computer printouts in any form and papers ofany character, whether sent or received; all copies thereofwhich are not identical duplicates of the originals (e.g. duplicates that contain handwritten or any other type of notes or similar information thereon or attached thereto including without limitation, alpha-numeric coding and markings on slips indicating the routing of a document to individuals or organizations); all copies thereof maintained in a different documentary form (e.g. microfilm or any other means of electronic or photographic storage, as opposed to hard copy); material that otherwise has been photographically or electronically recorded; and things similar to any ofthe foregoing, regardless of their author or origin of any kind. D. As used herein, "person" shall mean any natural person, individual, firm, pannership, association, joint venture, estate, trust, receiver, syndicate, enterprise or combination, corporation or other legal, business or government entity. E. As used herein, "relate" or "relating to" shall mean pertaining to, recording, evidencing, concerning, setting forth, revealing, reflecting, referring to, showing, disclosing, describing, explaining or summarizing. F. As used herein, "you" and "your" shall mean Quandel, and all other corporate parents, sisters, subsidiaries or affiliates and their officers, directors, employees, agents, servants, associates, consultants, independent contractors, advisors, attorneys and representatives. G. When identifying persons in responding to these Interrogatories, you shall (1) state the person's fi~ll name; (2) state the person's business and residential addresses; and (3) state the person's business and residential telephone number. H. When identifying an oral communication (including telephone conversations) in responding to these Interrogatories, you shall include: ( 1 ) all parties thereto; (2) the date of the communication; (3) all person(s) present during the communication; and (4) the substance ofthe communication. I. When identifying a document in response to these Interrogatories, you shall: ( I ) identify the author(s) and all persons to whom it was distributed: (2) state its title or other identifying data; (3) state the date ofthe document; (4) ifsuch document was, but no longer is, in your possession or subject to your control, state what disposition was made of it; and J. The singular form of a word shall be interpreted to include the plural, and "and" as well as "or" shall be construed either disjunctively or conjunctively, as necessary to bring within the scope ofthese Interrogatories any answers which might otherwise be construed to be outside their scope. K. All information requested herein is to be set forth if it is the possession or control of, or is available to you or an of your current or former agents, consultants, counsel, investigators, representatives or any other person or persons acting for you. L. If in responding to any Interrogatory a privilege is claimed, identify the document, oral communication or other information which you claim is privileged in accordance with ¶¶ G, H, and I above, describe the forn~ in which the alleged privileged information exists (e.g. type of document, recollection or a person); describe the subject matter ofth~ privileged information (without revealing the information for which you claim a privilege); specifically state the claim of'privilege and the ground upon which the claim rests; and identify all persons or entities who have received or othenvise had access to said matter. M. In accordance with Pennsylvania Rules of Civil Procedure, these Interrogatories are continuing in nature, and any subsequently discovered or additional information responsive to these Interrogatories shall be supplied immediately upon any such matters coming to your attention. N. In answering these Interrogatories, you are requested to furnish all information which is available to yot,, including information in the possession ofyour attorneys or investigators, and not merely such information known ofyou own personal knowledge. Ifyou cannot answer the following Interrogatories in full after exercising due diligence to secure the information to do so, so state and answer to the extent possible, specifying your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portions. INTERROGATORIES 1. State the name, business and residence addresses and employer of each person you intend to call as an expert witness at the trial ofthis matter, and with regard to each expert, state the following: a. Subject matter on which the expert is expected to testify. b. The substance ofthe facts and opinions to which the expert is expected to testify. c. ^ summary ofthe grounds for each opinion. d. Whether the facts and opinions to which the expert is expected to testify are contained in any written report, memorandum or other document and, if so, identify the name and address ofthe present custodian ofsaid report, memorandum and other document. A copy of the expert report may be attached in lieu of answering this subsection. ANSWER: 2. State the name, residence and business addresses and employer of each person you intend to call to testify on your behalf at the trial of this matter, and state the subject matter of their proposed testimony. ANSWER: 3. Identify by date of preparation, description and name of person preparing all documents or other exhibits which you intend to introduce as exhibits at the trial of this matter. ANSWER: 4. State whether or not you have paid Ritner for Invoice Number 744-1 dated February 16, 2001, in the amount of $131,554.00. I f your answer is no to all or part of the amount due per the invoice, describe in detail why you have not paid this amount. ANSWER: 5. State whether you received the items described in Invoice Number 744-1 and if so, whether you were satisfied with these items. If you were not satisfied with all or some of these items, describe in detail the nature of your dissatisfaction and what actions you took to remedy any alleged defects or to notify Ritner of same. ANSWER: 6. Describe in detail the legal and factual basis for your claim in paragraph 3 of Defendant's Answer that, "Quandel is not legally obligated to pay for the materials and services claimed by Ritner until such time as Quandel receives payment from Owner." ANSWER: 7. State whether or not il is your position that the prices charged for the items described in Invoice Number 744-1 are the reasonable and market prices therefor. Ifyour answer is no, describe in detail the factual and legal basis for your answer. ANSWER: 8. State the legal and factual basis for your claim in paragraph 6 of Defendant's Answer that Quandel is not obligated to pay interest at a rate of 1.5% per month. ANSWER: BUTLER LAW FIRM Attorney for Plaintiff I.D. #09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 DATED: ~/~//.2--~///J0 ~ I, , , hereby certify that the facts set forth in the foregoing Defendant's Answers to Plaintiff's Interrogatories Addressed to Defendant (First Set) are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: RITNER STEEL, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. · : NO. 01o3161 THE QUANDEL GROUP, INC., : Defendant : CIVIL ACTION - LAW PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT (FIRST SET) TO: The Quandel Group, Inc. c/o Sudhir R. Patel, Esquire The Necho Allen No. I Mahantongo Street Pottsville, PA 17901 AND NOW, Plaintiff, Ritner Steel, Inc. (hereinafter referred to as "Rimer"), requests that Defendant, The Quandel Group, Inc. (hereinafter referred to as "QuandeI"), produce copies of the following documents, within thirty (30) days of service of this Request: For purposes of this Document Request, the following definitions and instructions shall apply: DEFINITIONS AND INSTRUCTIONS 1. If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: a. State its date; b. Identify its author; c. Identi fy each person who prepared or participated in the preparation ofthe document; EXHIBIT 'B' d. Identify eaclt person who received it; e. Identify each person from whom the document was received; f. State the present location ofthe document and all copies thereof; g. ldenti fy each person who has ever had possession, custody or control of it or a copy thereof; and, h. Provide sut'ficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication ofthe propriety ofthat claim. As used herein, "document" is used in its broadest sense and means every type of material that is producible under Pennsylvania Rules of Civil Procedure relating to discovery requests, and any writing or recording of any nature or description, including handwriting, typewriting, printing, photographing, photostating, tape, wire, graphic material, video, belt, disc recording or e-mail, as well as audio or visual recordings or reproductions ofany kind; every other means of recording upon tangible thing in any form, including without limitation dralts, originals and copies ofbooks, calendars, pocket calendars, pocket planners, diaries, correspondence, memoranda, reports, minutes, notes, records, contracts, proposals, airline tickets, checks, bills, receipts, telegrams, computer tapes, computer disks, data processing program coding sheets, computer storage of any type, computer printouts in any form and papers of any character, whether sent or received; all copies thereof which are not identical duplicates of the originals (e.g. duplicates that contain handwritten or any other type of notes or similar information Ihereon or attached thereto including without limitation, alpha-numeric coding and markings on slips indicating the routing o fa document to individuals or organizations); all copies thereofmainlained in a different documenlary form (e.g. microfilm or any other means of electronic or photographic storage, as opposed to hard copy); material that otherwise has been photographically or electronically recorded; and things similar to any of the foregoing, regardless of their author or origin of any kind. DOCUMENTS REOUESTEI~ 1. Any and all documents Quandel intends to introduce at the trial or arbitration ofthis matter. 2. Any and all documents referred to in Quandel's Answers to Plaintiff's Interrogatories (First Set). 3. Any and all documents used by Quandel in the preparation ofits responses to Plaintiff's Interrogatories. BUTLER LAW FIRM Ronald D. Butler, Esquire Attorney for Plaintiff I.D. #09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 DATED: 7/2¢' .-. 500 North Third Sm~ Tel: 717.236.1485  Twelfth F Fix: 717,236.?~ · ' - ' l-hrrisburL ,K 17101 [awyersObutlerlav~trm.cor~ Iv(ailing Adches~: HarrbbmT, PA 17108.10(}4 Rgme,~ D. Bm~r ]4n~ B,,'~' Taob BenSemH]. Butbr August 28, 2001 Sudhir R. Patel, Esquire The Necho Allen No. 1 Mahantongo Street 'Pottsville, PA 17901 Re: Rimer Steel, Inc. vs. The Quandel Group, Inc. Cumberland County, No. 01-3161 Dear Attorney Patel: On .luly 27, 2001, I mailed to you Plaintiff's Interrogatories Addressed to Defendant (First Set) and Plaintiff's Request for Production of Documents Addressed to Defendant (First Set). I have yet to receive a response to these discovery requests. Ill do not receive a response within seven (7) days of the date of the letter, further legal a~tion may be taken. Your attention to this matter is appreciated. Very truly yours, Iaaa Butler Toole .rBT:mot Rimer Steel,/nc. EXHIBIT RITNER STEEL, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-3161 : THE QUANDEL GROUP, INC., : Defendant : CIVIL ACTION - LAW ORDER AND NOW, this ! 7 · day of o~ ~e,,~,~r' ,2001, upon consideration of Plaintiff's Motion for Sanctions Against Defendant for Defendant's Failure to Answer PlaintiWs Interrogatories and Produce the Documents Requested by Plaintiff, it is hereby ORDERED that the Motion is GRANTED and Defendant, The Quandel Group, shall a~:z'-"zr P'.:2i,;;i'?o :,n:c,:'rcga*._':r!~o and o~,o!! pr'z_~a:,,: ;.I.~ ducu.,~,,ts .~,t,,~,~'~ ~3' -Ula:.n::,."f. within '~'o days of the date ofthis order or appropriate sanctions will be imposed upon further application to the Court. BY THE COURT: TO: Ronald D. Butler, Esquire Attorney for Plaintiff 500 Noah Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 .~ ~,.~q ' "7' ° l Sudhir R. Patel Esquire ~ .. Attorney for Defendant The Necho Allen No. I Mahantongo Street Pottsville, PA 17901 RITNER STEEL INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-3161 THE QUANDEL GROUP, INC. Defendant CIVIL ACTION - LAW TO THEPROTHONOTARY: Please mark the above-captioned lawsuit as satisfied, settled and discontinued. BUTLER LAW FIRM Attorneys for Plaintiff Ronald D. Butler, Esquire I.D. #09826 500 N. Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485