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HomeMy WebLinkAbout11-9318In Ur MNn3T LVArrt/% COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM I DISTRICT JUSTICE JUDGMENT ` COMMON PLEAS No, 11-9131? 01VO NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF MAG. DIST. NO. NAAM UP U.J. c k ADDRESS OF APPELLANT CITY STATE ZIP CODE sg, 4 ?? s t DATE OF JUDGME4T IN THE CASE OF ( r la 9?rr s? Spin k ,? e,k1,9x Ile- ,A? s-y9/0 / _C_ I,, _ 0,6 00 YQ?r -.10/1 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. SOW" of Prodomimy a DrpRY If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after tiling the NOTICE of APPEAL. PRAECIPE 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.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon _5GO (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. SOW" of appavantoratimw oragent RULE: To Sco # Y,P "n /, , appellee(s) Name of appeMeets) (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date:,1 cL / 20 ` ?.?---`- of ProtllorataY or Dew+h YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 Name of appeows) WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE y= ??.?.?J-D?= J Nt' PROTHO W0 -JA[,-1 2C t DEC 19 PM 2: I CUMBERLAND COUNTY PENNSYLVANIA s q (.-) S Pd Q C!j2Sh 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon, the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) snail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of official before whom affidavit was made Title Of official Signature of afiiant My commission expires on 20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-774-5989 Notice of Judgment/Transcript Civil Case Rick Miller 516 9th Street New Cumberland, PA 17070 Disposition Summary Scott Spink V. Rick : Miller Docket No: MJ-09101-CV-0000495-2011 Case Filed: 11/2/2011 COUNTERCLAIM TO: CV-0000408-11 MJ-09101.-CV-0000408-2011 Rick Miller Scott Spink Judgment for Defendant 12/09/2011 MJ-09101-CV-0000495-2011 Scott Spink Rick Miller Judgment for Plaintiff 12/09/2011 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Rick Miller $0.00 $1,821.08 $1,821.08 Scott Spink $0.00 $0.00 $0.00 Judgment Detail (`Post Judgment) In the matter of Scott Spink vs. Rick Miller on 12/09/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judament Component JointlSeveral Liability Individual Liability Deposit Applied m n Civil Judgment $0.00 $1,798.08 $1,796.08 Costs $0.00 $25.00 $25.00 Grand Total: $1,821.08 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 12/9/2011 9 ? ? Date Magisterial District Judge Charles A. Clement Jr. 4ni.?- certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Charles A. Clement Jr. MDJS 315 Page 1 of 2 Printed: 12/12/2011 12:35:42PM Pr-, L;hATIFIED - ° .. ti HARRIS ->- or- -1:E N r I-- ° ni U- $ 30.4{r , ' ' ) rij Postage C , (,] = Q r-9 Certified Fee $2., 138 d3 C3 ° ° Return Receipt Fee (Endorsement Required) Postm s{?` He f C> io? .4 ?Z ° Restricted Delivery Fee (Endomement Required) ° ° Total Posta e & Fees $3.29 ?q2? I1 g . ent TO or ao Box No. y 7? s2 ------------------- ----.---- /? l s'+?L, F s ------- - ---- zra , S?scrrg r?r - r 1'4 17110 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COIAINT (This proof of service MUST BE FILED-VVTHMI TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF 6?",U(aad ; ss AFFIDAVIT: i hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on !date of service) I.2 / 9&1 20 , ES by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) se-,, 7Y on 2 l?0 20-?/_ ? by personal service ® by (certified) (Feyioiefed) mail, sender's receipt attached hereto. (SWORN) (AVIRMED) AND SUBSCRIBED BEFOR? ME THIS -, - 7' DAY' OF e( e4b tn / , 20. Z--? Alk,- fP# ,#r% p 379 ?3U Signature of af6ant Signature of official heft whom affidavil was made / L/ ?e 0try Title of official My commission expires on 20 11 w??a. "` 10 1 i?mill COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT [MST. M?/¢G ST. NO NAME OF D.J. , a(d' =aft,. ,Jr/. fit, iw "q: ,?: Y .. ADDRESS OF APPELLANT CITY ATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (PNinM) This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. ?y If appelfarit was Clamant (see Pa before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Ming the NOTICE of APPEAL. Sorwk e of Rodwrw sry or DapW PRAECIPE 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.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appeAee. PRAECIPE: To Prothonotary Enter rule upon f7 f ° ?? r e r Name of appeoWs) appellee(s), to file a complaint in this appeal (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Srpnw- orappoftnt ora0-w or agent RULE: To -`mac" ca Tr ?2 ,1 A,, , appellee(s) Name of OPPallae(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within x(20) daxs'after the date of service of this ride upon you by peftonal service or by certified or refired mail. iu (2) If you do pot-fr)e.a•"lait within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of.s?rwt a of $ ,service was by mail is the state of the mailing. Date: w.. ) ti 0 WVWN* of or Dowry k ?, , PY'OF THE NOTICE OF JU WT/'FRAf+ISCRtPT FORM wrTH THIS. NOTICE OF AP EAL. YOU MUST LU0E*C0 AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN- COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY 70 BE SERVED ON DISTRICT JUSTICE SCOTT SPINK, Plaintiff V. RICK MILLER, Defendant rn Co :ZED ;a U7 N CL; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-9318 CIVIL NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNT BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 N O T I C I A Le han demandado a usted en la corte. Si usted quiere deferderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plaze al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abagado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas in contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquire queja o alicio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABAGADO INMEDIATAMENTE. SI NO TIENE ABAGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGER TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFON A LA OFICINA CUYA DIRRECCION SE ENCUENTRA ESVRITA ABAJO PAPA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNT BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SCOTT SPINK, Plaintiff v. RICK MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-9318 CIVIL COMPLAINT AND NOW comes plaintiff, Scott Spink, by his attorney, Kent H. Patterson, and files this complaint as follows: 1. Plaintiff, Scott Spink, is an adult individual having an address and place of business at 389 Market Street, Borough of Highspire, Dauphin County, Pennsylvania (Harrisburg, PA 17034). 2. Defendant, Rick Miller, is an adult individual residing at 516 9th Street, Borough of New Cumberland, Cumberland County, Pennsylvania (New Cumberland, PA 17070). 3. On or about June 19, 2011, defendant requested that plaintiff provide labor and materials for landscaping, hardscaping, grading and other work on defendant's real property at 516 9th Street, Borough of New Cumberland, Cumberland County, PA (New Cumberland, PA 17070). 4. In response to defendant's request, plaintiff, on or about June 19, 2011, submitted a written proposal to furnish the materials and labor for the work requested by defendant in the total amount of $7,457.10, which proposal defendant accepted and signed. Attached to this complaint and marked Exhibit A is a copy of the proposal which contains the written agreement between the parties. 5. Plaintiff commenced work on or about June 27, 2011 and subsequently had all necessary materials delivered to the job site. 6. As of the end of the work day on June 30, 2011, plaintiff had completed a portion of the work but installation of hardscaping, painting and other work had not been completed. 7. On June 30, 2011 plaintiff advised defendant he would complete the work after July 4th 8. During the course of plaintiff providing materials and labor for the work on the job site, defendant requested plaintiff to make several changes to the work which included changes to the grading and hardscaping . 9. The changes to the work which were requested by defendant required plaintiff to provide additional labor and/or material and were modifications to the original agreement between the parties. 10. All the labor provided and the materials used and delivered to the job site during the performance of the work by plaintiff were authorized and accepted by defendant. 11. At the time of the commencement of the work, defendant - 2 - paid plaintiff a deposit of $4,000.00 towards the contract price. COUNT I 12. Plaintiff incorporates paragraphs 1 through 11 by reference. 13. On or about July 1, 2011, defendant advised plaintiff that he did not want plaintiff to complete the work, that plaintiff should do no further work at the job site and that they should "part ways." 14. Defendant's refusal to allow plaintiff to complete the work which defendant authorized plaintiff to perform constitutes a breach of the agreement between the parties. 15. Defendant is liable to plaintiff for plaintiff's labor, materials and costs to perform the work which had been done by plaintiff and which totals $6,776.00. 16. Defendant only paid plaintiff $4,000.00 towards the work performed by plaintiff leaving a balance owing by defendant of $2,776.00. 17. Defendant has refused to pay plaintiff in the amount owing of $2,776.00. WHEREFORE plaintiff demands judgment against defendant in the - 3 - amount of $2,776.00 together with interest and costs. COUNT II 18. Paragraphs 1 through 17 are incorporated here in by reference. 19. Plaintiff provided labor and materials for landscaping, grading and seeding, hardscaping and other work on defendant's property which defendant authorized and accepted and which work has benefited defendant and defendant's property. 20. Defendant's failure to pay plaintiff for the work performed has resulted in unfair and unjust enrichment of defendant in the amount of $2,776.00. WHEREFORE, plaintiff requests judgment against defendant in the amount of $2,776.00 together with interest and costs. Kent H. Patterson Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 - 4 - VERIFICATION I, Scott Spink, verify that the statements in the within foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Scott Spinc Date: .,Z-Zo?' -1a, PROPOSAL SUBMITTED TO: NAME _ ADDRESS PHONE NO. M7 - PROPOSAL. NO. ---- SHEET NO. 1 _ DATE - -- - WORK TO BE PERFORMED AT: ADDRESS DATE OF PLANS & ,Za tt _ ARCHITECT _ f We hereby propose to furnish the materials and perform the labor necessary for the completion of _- Jft i L l m +rJsGED - '(O C>?ia gc w?1 T. 65.S& i T 'SG SPECS V O &L A, (AhCV6 r ' o T of o: .'TNat - ? ?t?.. ro All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications s mltte . for above work, an completed in a substantial workmanlike manner for the sum of 17s1'J? ?iuR ?"D ?sFC>?JEn? t??? Dollars ($ 7;?k5?. 10 ) with payments to be made as follows: 43,74-SS 1DW-? 3,788. SS ??JE' ? ?+nPu?t'ta? ? Respectfully sub ' Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge P over and above the estimate. All agreements contingent upon strikes, ac- cidents, or delays beyond our control. Note - This proposal may be withdrawn by us if not accepted within 10 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. 4 Signature Date- 6 - Iq - it Signature D8118 PROPOSAL D-OFFIU 2 112 AR 26 P 2:'S 1 n%MBERLAND COUFTY PENNSYLVANIA SCOTT SPINK, Plaintiff V. RICK MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-9318 CIVIL CERTIFICATE OF SERVICE AND NOW, thij;?L day of 2012 1, Kent H. Patterson, hereby certify that I this day served the within complaint of plaintiff by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to defendant as follows: Rick Miller 516 9th Street New Cumberland, PA 17070 ent H. Patterson Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 SCOTT SPINK, Plaintiff V. RICK MILLER, Defendant TO: Kent H. Patterson Attorney for Scott Spink 221 Pine Street Harrisburg, PA 17101 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-9318 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer to Complaint with New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, SALZMANN HUGHES, P.C. By: i E: Lee Stinnett If Attorney I.D. No. 307128 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 FAX: (717) 249-7333 SCOTT SPINK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, V. : PENNSYLVANIA RICK MILLER, CIVIL ACTION - LAW Defendant NO. 11-9318 DEFENDANT'S ANSWER TO AMENDED COMPAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendant, Rick Miller, by and through their counsel, Salzmann Hughes, P.C., and files this Answer with New Matter and Counterclaim and in support thereof responds and avers the following: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. It is admitted only that Plaintiff provided a proposal to Defendant on or about June 19, 2011 to furnish certain materials and labor for work specified by Defendant in the total amount of $7,457.10, and that such proposal was accepted by Defendant by execution of said proposal thereby creating a binding contract ("Home Improvement Contract") between the parties. 5. Denied. It is specifically denied that Plaintiff commenced work on or about June 27, 2011 and subsequently had all necessary materials delivered to the job site. By way of further response, significant amounts of topsoil necessary to properly grade the yard were not delivered, retaining wall blocks were the incorrect color, and retaining wall blocks were later purchased by Defendant to complete the project. 6. Admitted in part; denied in part. It is admitted only that Plaintiff had commenced work on the project by the end of the work day on June 30, 2011, and that such work did not include installation of hardscaping and painting. It is specifically denied that such work was completed in a workman-like manner as required by the Home Improvement Contract. 7. It is admitted that Plaintiff advised Defendant that Plaintiff would complete the work after July 4th. By way of further response, Plaintiff represented to Defendant on numerous occasions that the project would be completed before July 4th. Such representations induced Defendant to enter into the Home Improvement Contract with Plaintiff. Plaintiff was aware that Plaintiff's agreement to complete the project before July 4th induced Defendant to enter into the Home Improvement Contract. 8. Denied. It is specifically denied that Defendant requested any changes to the work as detailed in the contract between the parties. To the contrary, Plaintiff made suggestions and implored Defendant to make such changes to the project. By way of further response, the Home Improvement Contract specifically provides that "Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate." Plaintiff did not prepare a written change order as required by the contract for any alteration or deviation from the project specifications involving extra costs. 9. Denied. It is specifically denied that the changes were requested by Defendant and that such changes required Plaintiff to provide any additional labor and/or material. 10. Denied. It is specifically denied that Defendant authorized or accepted all the labor and materials used and delivered to the job site during the performance of the work by Plaintiff. To the contrary, Defendant refused to accept numerous aspects of the work as the work was not of workmanlike quality as required by the Home Improvement Contract. By way of further response, Defendant was forced to repair and redo a significant portion of the work undertaken by Plaintiff. 11. It is admitted that Defendant paid Plaintiff a deposit of $4,000.00 toward the contract price. It is specifically denied that such deposit is lawful under the Home Improvement Consumer Protection Act, 73 P.S. Section 517.1, et seq. ("Act") COUNTI 12. The answers to paragraphs 1 through 11 are incorporated herein as if set forth in full. 13. It is admitted that Defendant advised Plaintiff that he no longer wanted Plaintiff to complete the work as Plaintiff's work was not completed in a workmanlike manner as required by the Home Improvement Contract. 14. Denied. Paragraph 14 is denied as a conclusion of law. To the extent a response is required, the same is therefore specifically denied. Strict proof thereof is demanded at the time of trial. 15. Denied. It is specifically denied that Defendant is liable to Plaintiff for $6,776.00 and/or that Plaintiff performed work totaling $6,776.00. Strict proof thereof is demanded at the time of trial. 16. It is admitted that Defendant paid a deposit totaling $4,000.00, an amount exceeding that allowed under the Home Improvement Consumer Protection Act. It is specifically denied that Plaintiff is owed a balance of $2,776.00. To the contrary, Plaintiff performed work worth significantly less than the $4,000.00 paid by Plaintiff. 17. It is admitted that Defendant has refused to pay Plaintiff $2,776.00. It is specifically denied that Defendant owed Plaintiff in the amount of $2,776.00. WHEREFORE, Defendant, Rick Miller, prays this Honorable Court to enter judgment in favor of Defendant and against Plaintiff. COUNT II 18. The answers to paragraphs 1 through 17 are incorporated herein as if set forth in full. 19. Denied. It is specifically denied that Defendant authorized and accepted the work performed by Plaintiff or has benefited by Plaintiff's work. To the contrary, Defendant was required to repair and replace the majority of the work performed by Plaintiff. 20. Denied. It is specifically denied that Defendant's failure to pay Plaintiff any amount has resulted in unfair and unjust enrichment to Defendant. To the contrary, Defendant has paid Plaintiff significantly more that the value of such work performed by Plaintiff. WHEREFORE, Defendant, Rick Miller, prays this Honorable Court to enter judgment in favor of Defendant and against Plaintiff. NEW MATTER 21. The answers to paragraphs 1 through 20 are incorporated herein as if set forth in full. 22. On or about June 19, 2011, Plaintiff and Defendant entered into a contract by execution of the proposal provided by Plaintiff in which Plaintiff was to provide certain landscaping work and materials to Defendant. The Contract is attached to the Complaint as Ex. A, and is incorporated herein by reference. 23. The contract between the parties is a "Home Improvement Contract" as that term is defined in the Home Improvement Consumer Protection Act. See 73 P.S. Section 517.2. 24. At the time of execution of the Home Improvement Contract, Plaintiff was not registered with the Bureau of Consumer Protection ("Bureau") as a Home Improvement Contractor. 25. Plaintiff is not currently registered with the Bureau as a Home Improvement Contractor. 26. Section 517.3 of the Act specifically requires registration as a Home Improvement Contractor prior to holding oneself out as a home improvement contractor or performing any home improvement service. See 73 P.S. Section 517.3. 27. The proposal provided to Defendant by Plaintiff did not include Plaintiff's registration number. 28. Section 517.6 of the Act specifically requires a contractor to include its registration number on all contracts, estimates and proposals. See 73 P.S. Section 517.6. 29. The Home Improvement Contract did not include the address of the contractor, the approximate starting date or completion date, and/or a right of rescission. 30. A Home Improvement Contract is required by the Act to include the address of the contractor, the approximate starting date and completion date, and a right of rescission. See 73 P.S. Section 517.7(a)(1)-(13). 31. The Home Improvement Contract between Plaintiff and Defendant required Defendant to provide a deposit of $3,728.55, in excess of one-third of the total contract price. 32. The project governed by the Home Improvement Contract did not require any special order materials and no special order materials were so designated in the Home Improvement Contract. 33. Plaintiff received a deposit of $4,000.00 from Defendant. 34. The Act specifically provides that it is a prohibited act for any person to receive a deposit in excess of one-third of the home improvement contract price when the total price of the home improvement contract is more than $5,000.00. See 73 P.S. Section 517.9(10)(i)(A). 35. The Home Improvement Contract required Plaintiff to complete five tasks: (1) installation of drainage facilities at the right front corner of the home with regrading and seeding of the disturbed area; (2) installation of drainage facilities along the left edge of driveway, digging of a channel along the driveway, and filling said channel with river rock to aid in drainage; (3) removal of existing retaining wall and installation of a 6" earth brown block retaining wall with aged cap blocks; (4) installation of pavers on porch, step and landing; and (5) foundation repair, including filling existing cracks and painting foundation. 36. Plaintiff improperly installed the drainage facilities at the right front corner of the home by failing to connect the drainage pipe to the drainage box and installing the drainage box three (3) inches above grade. 37. Defendant was required to excavate the drainage pipe and drainage box to connect the drainage pipe and lower the drainage pipe to a proper elevation to enable drainage facilities to function. 38. Plaintiff used an inappropriate landscaping mat material in the drainage facilities along the left side of the driveway and failed to install stone as necessary, resulting in the channel washing out. 39. Defendant was required to excavate the area that washed out due to runoff along the left side of the driveway, purchase and install the proper landscaping mat material, and add stone to the channel to repair Plaintiff's substandard work. 40. On June 29, 2011, Plaintiff informed Defendant that he would not be able to complete the project due to his inability to remove the retaining wall without also removing the steps. Plaintiff demanded payment in excess of that agreed to in the Home Improvement Contract to complete the retaining wall removal. 41. Plaintiff incorrectly and unnecessarily excavated a portion of the landing area instead of installing a stone base over the the landing area as required. 42. As a direct result of Plaintiff's incorrect and unnecessary excavation, Defendant was required to add significant fill to correct Plaintiff's improper and unnecessary excavation. 43. Plaintiff did not lay any of the pavers on the porch, steps or landing area, as required by the Home Improvement Contract. 44. Defendant was required to lay the pavers on the porch, steps and landing area despite the Home Improvement Contract requiring Plaintiff to do so. 45. The Home Improvement Contract required Plaintiff to repair existing cracks in the foundation and also to paint the foundation. 46. Plaintiff did not repair the cracks or paint the foundation. 47. Defendant was required to repair the foundation cracks. 48. Defendant was required to undertake significant remedial efforts to fix several tasks performed by Plaintiff in an unworkmanlike manner, including: (1) adding significant fill to correct Plaintiff's incorrect and unnecessary excavation of the landing area ; (2) removing a portion of the retaining wall, and subsequent redesign of the project, that Plaintiff was to remove; (3) re-grading of fill improperly placed by Plaintiff, (4) removing excess dirt Plaintiff was to remove; (4) reinstalling drain and drain line improperly installed by Plaintiff. (5) purchasing and placing additional top soil not provided by Plaintiff. 49. Plaintiff failed to complete any of the work required by the Home Improvement Contract. 50. Plaintiff was to begin the project by June 20, 2011 and to complete it by June 30, 2011. 51. Defendant denies that he owes any additional monies to Plaintiff under the Home Improvement Contract. Defendant asserts he is entitled to set-off the above-referenced costs and damages and any costs and damages in excess of that owed to Plaintiff are rightfully owed to Defendant. 52. Plaintiff's claim for breach of contract is improper due to Plaintiff's violation of the Home Improvement Consumer Protection Act identified in Paragraphs 22-34 that resulted in a voiding of the very contract Plaintiff seeks to enforce. 53. Plaintiff's claim for unjust enrichment is barred by his unclean hands, as Plaintiff is not entitled to seek equitable relief from the Court for the purpose avoiding Plaintiff's violation of the provisions of the Home Improvement Consumer Protection Act identified in Paragraphs 22-34. COUNTERCLAIM I - BREACH OF CONTRACT 54. Paragraphs 1 through 53 are incorporated herein as if set forth in full. 55. Spink's failure to complete the work in a workmanlike manner, as described in Paragraphs 36-50 above, constituted a material breach of the Home Improvement Contract. 56. As a direct result of this material breach of the Home Improvement Contract, Miller has incurred costs and damages of at least $4,314.00 to correct the deficient work of Spink, and the costs and damages may be higher. 57. Spink has refused to pay Miller his costs and damages and/or return the $4,000.00 deposit originally paid to Spink. WHEREFORE, Miller demands that judgment be entered in his favor and against Spink in the amount of $4,314.00, together with interest and costs. COUNTERCLAIM II - UNJUST ENRICHMENT 58. Paragraphs 1 through 57 are incorporated herein as if set forth in full. 59. A contract that does not satisfy the requirements of the Act is not valid or enforceable against the home owner. See 73 P.S. Section 517.7. 60. The Home Improvement Contract is not valid and enforceable against Miller as a result of the failure of the Home Improvement Contract to conform to the Act. 61. Miller provided a $4,000.00 deposit, an amount in excess of that allowable pursuant to the Act, to Spink for landscaping work. 62. Spink accepted and received the $4,000.00 deposit. 63. Spink has benefitted from receipt of the deposit. 64. Spink's receipt of a deposit in excess of that lawful under the Act also results in the Home Improvement Contract being invalid and unenforceable against Miller. 65. Spink's failure to complete any work performed under the Home Improvement Contract in a workmanlike manner has resulted in unjust enrichment of Miller in the amount of $4,000.00. WHEREFORE, Miller demands that judgment be entered in his favor and against Spink in the amount of $4,000.00, together with interest and costs. Respectfully submitted, SALZMANN HUGHES, P.C. By: 07t? E. Lee Stinnett II Attorney I.D. No. 307128 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 FAX: (717) 249-7333 VERIFICATION I, Rick Miller, hereby certify that the facts set forth in the foregoing Answer, New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Rick Miller SCOTT SPINK, V. RICK MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Defendant NO. 11-9318 CERTIFICATE OF SERVICE I hereby certify that I am the attorney for the Defendant, Rick Miller, and that I have served the Defendant's Answer with New Matter and Counterclaim by way of first class mail, postage prepaid, upon the following: Kent H. Patterson 221 Pine Street Harrisburg, PA 17101 Respectfully submitted, SALZMANN HUGHES, P.C. Dated this 1 Ith day of April, 2012 By. E. Lee Stinnett 11 A SCOTT SPINK, Plaintiff V. RICK MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-9318 CIVIL PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NOW comes plaintiff, Scott Spink, by his attorney, Kent H. Patterson, and files this answer as follows: NEW MATTER 21. No answer is required since it is an incorporation of defendant's answer to plaintiff's complaint. To the extent of answers required, plaintiff incorporates paragraphs 1 through 20 of its complaint. 22. Admitted. 23. It is denied that the contract between the parties is a "Home Improvement Contract" as defined in the Home Improvement Consumer Protection Act (the "Act") and as alleged. 24. It is denied that the contract between plaintiff and defendant is a "Home Improvement Contract." It is admitted that plaintiff was not registered as a contractor with the Bureau of Consumer Protection at the time of the execution of the contract vv- between plaintiff and defendant. 25. Admitted. 26. No answer is required to paragraph 26 because it contains no averment of fact but purports to summarize the requirements of Section 517.3 of the Act. To the extent that any answer is required, it is denied that plaintiff was required to register as a contractor under the Act. 27. Admitted. 28. No answer is required to paragraph 28 because it contains no averment of fact but purports to summarize the requirements of Section 517.6 of the Act. To the extent that any answer is required, it is denied that plaintiff was required under the Act to place a registration number on the contract between plaintiff and defendant. 29. It is denied that contract between plaintiff and defendant is a Home Improvement Contract under the Act which was required to contain the information set forth in paragraph 29. 30. No answer is required to paragraph 30 because it contains no averment of fact but purports to summarize the requirements of Section 517.7(a)(1)-(13) of the Act. To the extent that any answer is required, it is denied that plaintiff was required under the Act to provide, on the contract between the parties, the information set forth in paragraph 30. - 2 - 31. It is denied that contract between plaintiff and defendant was a Home Improvement Contract under the Act. It is admitted that the deposit was in excess of one-third of the total of the total contract price. 32. It is denied that the contract between plaintiff and defendant was a Home Improvement Contract and it denied that the contract required any special order materials. 33. Admitted. 34. No answer is required to paragraph 34 because it contains no averment of fact but purports to summarize the requirements of Section 517.9(10)(i) of the Act. To the extent that any answer is required, it is denied that plaintiff was prohibited under the Act from receiving a deposit in excess of one-third of the contract price. 35. It is denied that the contract between plaintiff and defendant is a Home Improvement Contract under the Act. It is denied that paragraph 35 accurately describes the work of the contract. It is denied that the contract between plaintiff and defendant was other than as set forth in Exhibit A of plaintiff's complaint and to the extent that the allegations of paragraph 35 describe the contract work other than as set forth in Exhibit A of plaintiff's complaint, those allegations are specifically - 3 - denied. 36. It is denied that plaintiff improperly installed the drainage facilities at the right front corner of the house as alleged in paragraph 36. By way of further answer, it is averred that defendant refused to allow plaintiff to complete the work under the contract between the parties. 37. It is denied that defendant was required to excavate the drainage pipe and drainage box as alleged in paragraph 37. By way of further answer it is averred that defendant refused to allow plaintiff to perform the work under the contract between the parties. 38. It is denied that plaintiff used an inappropriate landscape mat material and failed to install stone as alleged in paragraph 38. By way of further answer it is averred that defendant refused to allow plaintiff to complete the work under the contract between the parties. 39. It is denied that defendant was required to do the work alleged in paragraph 39 and it is denied that plaintiff's work was substandard. By way of further answer it is averred that defendant refused to allow plaintiff to complete the work under the contract between the parties. 40. It is denied that the plaintiff advised defendant on - 4 - June 29, 2011 that he could not complete the project due to inability to remove the retaining wall without removing the steps and it is denied that plaintiff demanded additional payment at that time as alleged in paragraph 40. By way of further answer it is averred that the plaintiff informed defendant prior to entering into the contract between the parties that the retaining wall was tied in with the steps and should not be removed separately. 41. It is denied that plaintiff incorrectly and unnecessarily excavated a portion of the landing area as alleged in paragraph 41. 42. It is denied that plaintiff did any incorrect and unnecessary excavation and it is denied that defendant was required to add fill as alleged in paragraph 42. 43. It is admitted that plaintiff did not lay any pavers but by way of further answer it is averred that defendant would not allow plaintiff to complete the work under the contract between the parties. 44. It is denied that defendant was required to lay the pavers as alleged in paragraph 44. 45. It is admitted that the contract between the parties provided for plaintiff to repair cracks and to paint a portion of - 5 - the foundation. It is denied that the contract between plaintiff and defendant was a Home Improvement Contract under the Act. 46. It is admitted that defendant did not repair the cracks or paint the foundation but by way of further answer it is averred that defendant prohibited plaintiff from completing the work under the contract between the parties. 47. It is denied that defendant was required to repair the foundation cracks. 48. It is denied that defendant was required to undertake any of the alleged work enumerated in paragraph 48. It is denied that plaintiff performed any unnecessary work. It is denied that plaintiff performed any of the work enumerated in paragraph 48 in an un-workmanlike manner. 49. It is denied that plaintiff failed to complete any of the work required under the contract between plaintiff and defendant. 50. It is denied that plaintiff was required to begin work or to complete the work on the specific dates set forth in paragraph 50. 51. It is denied that defendant is entitled to any setoff or damages as alleged in paragraph 51. 52. It is denied that plaintiff's cause of action for - 6 - breach of action is improper or in violation of the Home Improvement Consumer Protection Act as alleged in paragraph 52. 53. It is denied that plaintiff's cause of action for unjust enrichment is barred by unclean hands or that plaintiff is in any way not entitled to pursue this cause of action under the Home Improvement Consumer Protection Act as alleged in paragraph 53. COUNTERCLAIM I - BREACH OF CONTRACT 54. Plaintiff's answers to paragraphs 1 through 53 are incorporated by reference. 55. It is denied that plaintiff (Spink) failed to complete any work in a workman like manner and that plaintiff's actions in any way constituted a material breach of the contract between plaintiff and defendant (Miller). It is denied that contract between plaintiff and defendant is a Home Improvement Contract under the Act. 56. It is denied that plaintiff has breached the contract between plaintiff and defendant and that the contract between the parties is a Home Improvement Contract under the Act. It is denied that defendant has incurred any damages in the amount set forth in paragraph 56 or in any amount. After reasonable investigation, plaintiff is without knowledge or information - 7 - sufficient to perform a belief as to the truth of the averment that Miller has incurred costs in the amount stated in paragraph 56. 57. It is admitted that plaintiff has refused to pay defendant any costs or monies and has refused to return the $4,000.00 deposit. COUNTERCLAIM II - UNJUST ENRICHMENT 58. Plaintiff incorporates paragraphs 1 through 57 by reference. 59. No answer is required to paragraph 59 because it contains no averment of fact but purports to summarize the requirements of Section 517.7 of the Act. To the extent that any answer is required, it is denied that the contract between plaintiff and defendant is a Home Improvement Contract under the Act and that it is required to conform to the Act. 60. It is denied that the contract between plaintiff and defendant is a Home Improvement Contract under the Act and that it is not valid and enforceable against plaintiff as alleged in paragraph 60. 61. Admitted in part and denied in part. It is admitted that defendant provided plaintiff with a $4,000.00 deposit but it is denied that plaintiff is prohibited from receiving that amount - 8 - under the Act. 62. Admitted. 63. It is denied that plaintiff has benefited from the deposit. 64. It is denied that the contract between plaintiff and defendant is a Home Improvement Contract under the Act and it is denied that plaintiff's receipt of the deposit from defendant results in the contract between being invalid and enforceable as alleged in paragraph 64. 65. It is denied that plaintiff failed to complete any work under the contract between the parties in a workmanlike manner, that the contract between plaintiff and defendant is a contract under the Act and that there has been unjust enrichment of defendant in the amount of $4,000.00 or any other amount. WHEREFORE, plaintiff requests your honorable court to dismiss defendant's counterclaim. PLAINTIFF'S NEW MATTER TO DEFENDANT'S COUNTERCLAIM 66. Plaintiff advised defendant prior to signing the contract that he was not registered as a contractor under the Home Improvement Consumer Protection Act and defendant entered into the contract with plaintiff with the understanding that plaintiff would not be complying with the requirements of the - 9 - Act. 67. Defendant is barred is by the Doctrine of Estoppel from asserting noncompliance by defendant with the Home Improvement Consumer Protection Construction Act. 68. Plaintiff is not a contractor under the Act and the contract between plaintiff and defendant is not a Home Improvement Contract under the Act and its terms are not subject to the Act. 69. Defendant is not an owner under the Act. 70. Any work not completed by plaintiff under the contract between the parties was a result of defendant's refusal to allow plaintiff to complete or correct the work. 71. Defendant interfered with and impeded the progress of plaintiff's work on the project and removed work performed by plaintiff. 71. Defendant refused to allow plaintiff to correct and/or finish the work which plaintiff had commenced under the contract between the parties. - 10 - WHEREFORE, plaintiff requests your honorable court to dismiss defendant's counterclaim. K nt H. Patterson Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 - 11 - VERIFICATION I, Scott Spink, verify that the statements in the within foregoing answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Scott Spink Date: SCOTT SPINK, Plaintiff V. RICK MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-9318 CIVIL CERTIFICATE OF SERVICE 7., AND NOW, this day of 2012 I, Kent H. Patterson, hereby certify that I this day served the within answer of plaintiff by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to defendant as follows: E. Lee Stinnett II, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 Kent H. Patterson Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 SCOTT SP1NK, V. RICK MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW =? 11-9318 NO N , . Po DEFENDANT'S ANSWER TO NEW MATTER AND NOW, comes Defendant, Rick Miller, by and through his counsel, Salzmann Hughes, P.C., and files this Answer to Defendant's New Matter as follows: 66. Denied. It is specifically denied that Defendant was advised that Plaintiff was not registered as a contractor as required by the Home Improvement Consumer Protection Act, 73 P.S. Section 517.1, et seq. ("Act"). It is also specifically denied that Defendant entered into the Home Improvement Contract with any understanding that Plaintiff would not be complying with the requirements of the Act. By way of further response, the Act specifically provides that a Home Improvement Contract must contain the entire agreement between the Owner and the Contractor. 73 P.S. Section 517.7(a)(3). Furthermore, the Act specifically provides that any clause purporting to waive any rights provided under the Act is voidable. 73 P.S. Section 517.7(e)(10). 67. Denied. Paragraph 14 is denied as a conclusion of law. To the extent a response is required, the same is therefore specifically denied. Strict proof thereof is demanded at the time of trial. 68. Denied. It is specifically denied that Plaintiff is not a contractor under the Act and that the contract between Plaintiff and Defendant is not a Home Improvement Contract under the Act and that its terms are not subject to the Act. To the contrary, Plaintiff is a Contractor as that term is defined under the Act. By way of further response, the contract between the parties is a Home Improvement Contract as that term is defined in the Act. 69. Denied. It is specifically denied that Defendant is not an Owner under the Act. To the contrary, Defendant is an Owner as that term is defined under the Act by virtue of his ownership of a private residence for which he contracted for a home improvement thereby entitling Plaintiff to the performance of the work of a contract pursuant to the Home Improvement Contract. See 73 P.S. Section 517.2. 70. Denied. It is specifically denied that any work not completed by Plaintiff under the Home Improvement Contract between the parties was a result of Defendant's refusal to allow Plaintiff to complete or correct the work. Strict proof thereof is demanded at the time of trial. 71. Denied. It is specifically denied that Defendant interfered with and impeded the progress of Plaintiff's work on the project and removed work performed by Plaintiff. To the contrary, Defendant only identified aspects of work performed by Plaintiff in an unsatisfactory manner by Plaintiff. By way of further response, Defendant was required to undertake significant remedial efforts to fix work performed by Plaintiff in an unworkmanlike manner. 72. Denied. It is specifically denied that Defendant refused to allow Plaintiff to correct and/or finish the work which Plaintiff had commenced under the Home Improvement Contract. To the contrary, Plaintiff informed Defendant that he would not be able to complete the project and demanded payment in excess of that agreed to in the Home Improvement Contract to complete the work commenced under the Home Improvement Contract. By way of further response, Plaintiff failed to complete the project in the agreed upon time frame and the work by Plaintiff was not done in a workmanlike manner as required by the Home Improvement Contract. WHEREFORE, Defendant, Rick Miller, prays this Honorable Court to enter judgment in favor of Defendant and against Plaintiff. Respectfully submitted, SALZMANN HUGHES, P.C. By: ?& 'e Lee Stinnett II Attorney I.D. No. 307128 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 FAX: (717) 249-7333 VERIFICATION I, Rick Miller, hereby certify that the facts set forth in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: (? ova ?a Xeli 24 O Rick Miller SCOTT SPINK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, V. PENNSYLVANIA RICK MILLER, CIVIL ACTION - LAW Defendant NO. 11-9318 CERTIFICATE OF SERVICE I hereby certify that I am the attorney for the Defendant, Rick Miller, and that I have served the Defendant's Answer to New Matter by way of first class mail, postage prepaid, upon the following: Kent H. Patterson 221 Pine Street Harrisburg, PA 17101 Respectfully submitted, SALZMANN HUGHES, P.C. Dated thisth day of June, 2012 By: ;Y?? E. Lee Stinnett II SCOTT SPINK, v. RICK MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 11-9318 DEFENDANT'S MOTION TO COMPEL DISCOVERY c--7) �r c Defendant, Rick Miller, by and through his counsel, Salzmann Hughes, P.C., hereby moves this Court to enter an order directing Plaintiff, Scott Spink, to serve full and complete answers to Defendant's Interrogatories to Plaintiff — First Set and Defendant's Requests for the Production of Documents Directed to Plaintiff — First Set, and in support thereof avers as follows: 1. The action arose from a Notice of Appeal from a District Justice judgment entered December 9, 2011. 2. Pursuant to a Rule to File a Complaint, Plaintiff filed a Complaint on March 22, 2012. 3. Defendant filed his Answer to Amended Complaint with New Matter and Counterclaim on *1 11, 2012. 4. Plaintiff filed his Answer to Defendant's New Matter and Counterclaim, which included New Matter to Defendant's Counterclaim on June 5, 2012. 5. Defendant filed an Answer to New Matter on June 25, 2012. 6. On December 10, 2012, Defendant attempted to obtain certain information and documents from Plaintiff in informal discovery. 7. Despite Defendant's repeated requests for information and documents related to the above -captioned claim, and Plaintiff's numerous assurances that Defendant would receive a response, Plaintiff failed to provide any response in the more than twelve-month time period that elapsed after Defendant's December 10, 2012 request. 8. On February 17, 2014, Defendant served Defendant's Interrogatories to Plaintiff — First Set and Defendant's Requests for the Production of Documents Directed to Plaintiff — First Set upon Plaintiff's counsel. 9. True and correct copies of Defendant's Interrogatories to Plaintiff — First Set, Defendant's Requests for the Production of Documents Directed to Plaintiff — First Set, and Defendant's transmittal letter of February 17, 2014, are attached hereto as Exhibit "A." 10. Defendant's requests are for relevant, discoverable information, necessary to enable Defendant to prepare a defense. 11. Pursuant to Pa.R.C.P. 4006(a)(2) and 4009.12(a), Plaintiff's answers and objections, if any, to the interrogatories and requests for production of documents were due on or before March 19, 2014. 12. In excess of seventy-five (75) days has elapsed since the interrogatories and requests for production of documents were served upon Plaintiff's counsel, and Plaintiff's counsel has provided no response of any kind. 13. By letter dated March 26, 2014, Defendant's counsel notified Plaintiff's counsel that Plaintiff's responses to the said interrogatories and requests for production of documents were overdue and that a motion would be filed if answers were not received on or before April 8, 2014. A true and correct copy of Defendant's letter is attached hereto as Exhibit "B." 14. Plaintiff's counsel has not, to date, provided responses to interrogatories or requests for production of documents after receipt of Defendant's March 26, 2014 letter. 15. Plaintiff's counsel has failed to adequately provide discovery responses pursuant to the Pennsylvania Rules of Civil Procedure. 16. For the foregoing reasons, Defendant believes and avers that Plaintiff will not answer Defendant's interrogatories and requests for production of documents absent a court order. 17. No judge of the Court of Common Pleas of Cumberland County has ruled upon any other issue in this same or related matter. 18. Defendant's counsel sought the concurrence of Plaintiff's counsel in this motion. Plaintiff's counsel did not respond to counsel for Defendant's request for concurrence. WHEREFORE, Defendant respectfully requests that this Court enter the attached Order directing Plaintiff to file full and complete answers to Defendant's Interrogatories to Plaintiff — First Set and Defendant's Requests for the Production of Documents Directed to Plaintiff — First Set within thirty days or suffer appropriate sanctions to be imposed upon further application to the Court. By: Respectfully submitted, SALZMANN HUGHES, P.C. E. Lee Stinnett II Attorney I.D. No. 307128 105 N. Front Street, Suite 205 Harrisburg, PA 17101 (717) 234-6700 FAX: (717) 249-7333 Attorney for Defendant Exhibi "A" SALZMANN / or. rani urive • Lnambersourg, YR.- 1 /201 • 354 Alexander Spring Road • Suite 1 • Carlisle, PA • 17015 • GH ES,PC. 239B E. Man St. • Waynesboro, PA • 17268 H 105 N. Front St. • Suite 205 • Harrisburg, PA • 17101 139 Carlisle St • Gettysburg, PA • 17325 • Attorneys at Law EXPERIENCE • INTEGRITY INNOVATION February 17, 2014 Kent H. Patterson 221 Pine Street Harrisburg, PA 17101 Re: Spink v. Miller, Cumberland County Civil No. 11-9318 Dear Kent: (71'/)'263-2121 • Fax: (717) 263-0663 (717) 249-6333 • Fax: (717) 249-7334 • (717) 762-3170 • Fax; (717) 762-0988 • (717) 234-6700 • Fax: (717) 249-7334 (717) 420-5390 • Fax: (717) 263-0663 *Please reply to Harrisburg Office Despite repeated requests for information and documents related to the above referenced matter, and numerous assurances from you that I would receive responsive documents promptly, I have not received all of the information I originally requested on December 10, 2012. I hoped to proceed with discovery informally as we originally discussed, but I have not received information and documentation needed to bring this matter to a hearing despite requesting the information over one year ago. Consequently, please find -the enclosed interrogatories and request for production of documents. Please feel free to contact me if you have any questions or concems. Sincerely, St2"71.4 E. Lee Stinnett II +�IIt1:IIlIJtUtt: rll .t .11. 1 mitt L -. . \1IUIIIciI',.11. 1.mid Rrnt•rnit_ i+al! I dru:+ti+,It ATTORNEYS G. Bryan Salzmann, Esq. James D. Hughes, Esq. Adam R. Schellhase, Esq. Scott T. Wyland, Esq. Kurt E. Williams, Esq. Samuel E. Wiser, Esq. Thomas J. Finucane, Esq. Eileen C. Finucane, Esq. Stephen E. Patterson, Esq. Nancy H. Meyers, Esq. Patricia R. Brown, Esq. Laura Rebecca Ables, Esq. George F. Douglas, ill, Esq. Ann E. DePaulis, Esq. William W. Thompson, Esq. Rebecca R. Hughes, Esq. David H. Martineau, Esq. E. Lee Stinnett ll, Esq. Eric K. Grugel, Esq. Jason E. Kelso, Esq. Melissa L. Kelso, Esq. Garret J. Brouwer, Esq. Isaac P. Wakefield, Esq. Stephen T. Coccorese, Esq. -•• ^�-�� WWW SALZMANNHUGHES.COM ,�. SCOTT SPINK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, v. PENNSYLVANIA RICK MILLER, CIVIL ACTION — LAW Defendant NO. 11-9318 DEFENDANT'S INTERROGATORIES TO PLAINTIFF — FIRST SET To: Kent H. Patterson 221 Pine Street Harrisburg, PA 17101 Attorneys for Plaintiff Defendant, Rick Miller, by and through his counsel, SALZMANN HUGHES, P.C., enclose the following Interrogatories. Pursuant to Pennsylvania Rules of Civil Procedure Nos. 4005 and 4006, Plaintiff is required to serve a copy of its Answers to these Interrogatories, under oath, within thirty (30) days after service of these Interrogatories. These Interrogatories shall be deemed to be continuing in the future. If between the time of filing of the Answers to these Interrogatories and the time of hearing on this matter, Plaintiff or anyone acting on its behalf learns the identity and Iocation of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as witnesses at trial not disclosed in the Answers, or if Plaintiff, or an expert witness obtains information upon the basis of which Plaintiff knows that an Answer was incorrect when made, or knows that an Answer though correct when made is no longer true, then Plaintiff shall promptly supplement its original Answers under oath to include such information thereafter acquired, and promptly furnish a Supplemental Answer to the undersigned. DEFINITIONS AND INSTRUCTIONS A. The term "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, department, or other units therein, and shall include without limitation a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, government agency, commission, bureau, or department. B. The term "you" or "your" as used herein means Scott Spink and his present and former employees, attorneys, and agents acting or purporting to act on his behalf, insofar as the material requested herein is not privileged. C. Whenever the term "document" is used herein, it means the original and each non -identical copy (whether different from the original because of notes, additions, changes, or deletions made on the copy or otherwise) or draft of each writing of every kind and description (together with all worksheets, supporting documents, and other relevant material), whether inscribed by hand or mechanical, electronic, microfilm, photographic, or other means (such as recording, film, tape, videotape, disc, diskette, or other means including data processing files and other computer readable records or programs and all other data compilations from which information can be obtained, transcribed, and translated). Document shall also include, but not be limited to, correspondence, letters, electronic mail, telegrams, messages, telephone logs, diaries, teletype messages, memoranda, notes, reports, printouts, records, or minutes of meetings, conferences, or telephone or other conversations or communications, appointment calendars, contracts, contract addenda, amendments, changes, and modifications. D. The term "communications," as used herein, means all statements, admissions, denials, inquiries, discussions, conversations, negotiations, agreements, contracts (whether written or oral), understandings, meetings, meeting notes, meeting minutes, telephone conversations, letters, correspondence, notes, faxes, electronic mail, voicemail messages, telegrams, telexes, advertisements, or any other form of written or verbal exchange. E. Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: 1. The nature of the document (e.g., letter, memorandum, computer printout, minutes, resolution, tape recording, etc.); 2. Its date (or if it bears no date, the date when it was prepared); 3. The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); 2 4. The name, address, employer and position of the person, if any, to whom the document was sent; 5. If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document. 6. If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; 7. A brief statement of the subject matter of such document; and/or 8. In lieu of identifying the document in the manner set forth above, attach a copy of the document in question to your response to these interrogatories. F. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: I . The means of communication (e.g. telephone, personal conversation, etc.); 2. Where the communication took place; 3. The date of the communication; 4. The names, addresses, employers and positions of: (a) each and every person who participated in the communications; and (b) each and every person who was present during or who overheard that communication; 5. The substance of who said what to whom and the order in which it was said; and 6. Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. G. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise identify such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. given: H. Whenever you are asked to identify a person, the following information should be 1. The name, present address and present employer and position of the person; and 2. Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding; and/or whether that person has otherwise given a statement related to the present proceeding (whether oral, written or otherwise); and, if so, 3. The title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or 3 otherwise transcribed, and the present location of such transcript or statement if not in your possession. I. If 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 answer the facts (including dates and places) relating to such transaction, occurrence, relationship, set of circumstances, etc.; identify any persons who are or were parties thereto or have knowledge thereof; and identify any communications and documents relating to or evidencing such transaction, occurrence, relationship, set of circumstances, etc. J. The terms "relates to" (including any variant thereof) means constitutes, refers, reflects, concems, pertains to, or in any way logically or factually connects with the matter described. K. For questions regarding the construction of these Interrogatories and Requests, the singular shall include the plural and the plural shall include the singular. A masculine, feminine or neuter pronoun shall be construed to refer to all other gender pronouns. L. Each Interrogatory shall be answered separately and as completely as possible. The fact that investigation is continuing or that discovery is not complete is not a reason for failure to answer each Interrogatory as fully as possible. If the Plaintiff is unable to answer an Interrogatory after it has attempted to obtain the information, answer to the extent possible. State what information the Plaintiff has concerning the unanswered portion, specify why it is unable to answer the remainder, and specify how it attempted to obtain the unknown information. 4 INTERROGATORIES 1. Identify all persons who participated in answering these Interrogatories. 2. Identify all experts that you intend to call as witnesses at trial in this matter and for each and every expert state: a. Each expert's occupation and professional address; b. Each expert's qualifications, including a list of educational institutions attended, degrees received, and any experience in any particular field of specialization or expertise; c. The name and address of each employer for whom each expert worked during the last five (5) years and a description of the expert's duties for each employer; d. The subject matter about which each expert is expected to testify; and 5 e. The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file, as your answer to this Interrogatory, a report of the expert or have the expert answer the Interrogatory.) 3. Identify all persons whom you intend to call as non -expert witnesses at trial in this case, and for every person identified please state: a. The substance of the facts to which each non -expert witness is expected to testify; and b. How each non -expert witness came to know of the facts to which he or she is expected to testify. 4. Identify all exhibits that you intend to use at the trial of this matter. 5. Identify the name and address of each employer for whom you worked during the previous five (5) years and a description of your duties for each employer. 6. Identity all home improvements contracts entered into by you during the previous five (5) years. 7. Identity all home improvements projects completed or undertaken by you during the previous five (5) years. 8. Identify any current or former employee, agent, or representative of yours who performed work on home improvement projects under your employ during the previous five (5) years. 7 9. Identify any current or former employee, agent, or representative of yours who communicated with the Defendant regarding the home improvement project that is the subject of this proceeding. 10. Identify any communication between any current or former employee, agent, or representative of yours and the Defendant, its employees, agents, or representatives regarding the home improvement project that is the subject of this proceeding. 11. Identify all work performed at Defendant's property by you or any current or former employee, agent, or representative of yours. 12. Identify any and all banks or other financial institutions receiving funds from home improvement projects completed by you during the previous five (5) years. 8 Date: 22177/I( By: 9 Respectfully Submitted, SALZMANN HUGHES, P.C. E. Lee Stinnett II Attorney I.D. No. 307128 105 North Front Street, Suite 205 Harrisburg, PA 17101 (717) 234-6700 Attomeys for Plaintiff SCOTT SPINK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, v. PENNSYLVANIA RICK MILLER, CIVIL ACTION — LAW Defendant NO. 11-9318 DEFENDANT'S REQUESTS FOR THE PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF — FIRST SET To: Kent H. Patterson 221 Pine Street Harrisburg, PA 17101 Attorney for Plaintiff Defendant, Rick Miller, by and through their counsel, SALZMANN HUGHES, P.C., put forth the following Request for Production of Documents pursuant to Pennsylvania Rules of Civil Procedure Nos. 4009.1, 4009.11, and 4009.12. The requested documents shall be made available at the offices of Defendants' counsel, Salzmann Hughes, P.C., 105 North Front Street, Suite 205, Harrisburg, PA 17101, or at such other place as may be mutually agreeable to the parties, within thirty (30) days after the service of this Request. You may satisfy this Request by producing copies of the requested documents in accordance with Rule No. 4009.12. This Request is deemed continuing and Plaintiff must provide a supplemental answer if Plaintiff or its agents or representatives obtain additional information between the time that the answer to this Request is served and the time of trial. DEFINITIONS A. The terms "you" and "your" refer to you, your attorney, any of your present or former employees, agents, or representatives. B. The term "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, department, or other units therein, and shall include without limitation a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, government agency, commission, bureau, or department. C. Whenever the term "document" is used herein, it means the original and each non -identical copy (whether different from the original because of notes, additions, changes, or deletions made on the copy or otherwise) or draft of each writing of every kind and description (together with all worksheets, supporting documents, and other relevant material), whether inscribed by hand or mechanical, electronic, microfilm, photographic, or other means (such as recording, film, tape, videotape, disc, diskette, or other means including data processing files and other computer readable records or programs and all other data compilations from which information can be obtained, transcribed, and translated). Document shall also include, but not be limited to, correspondence, letters, electronic mail, telegrams, messages, telephone logs, diaries, teletype messages, memoranda, notes, reports, printouts, records, or minutes of meetings, conferences, or telephone or other conversations or communications, appointment calendars, contracts, contract addenda, amendments, changes, and modifications. D. The term "communications," as used herein, means all statements, admissions, denials, inquiries, discussions, conversations, negotiations, agreements, contracts (whether written or oral), understandings, meetings, meeting notes, meeting minutes, telephone conversations, letters, correspondence, notes, faxes, electronic mail, voicemail messages, telegrams, telexes, advertisements, or any other form of written or verbal exchange. E. The terms "relates to" means constitutes, refers, reflects, concerns, pertains to, or in any way logically or factually connects with the matter described. RULES OF CONSTRUCTION In construing these Requests for Production of Documents: A. The singular shall include the plural and the plural shall include the singular. B. A masculine, feminine or neuter pronoun shall not exclude the other genders. C. Unless otherwise specified in the Request for Production, each Request shall extend to all information and documents which have been available to you, in your possession, custody or control, or in the possession, custody, or control of persons acting or purporting to act on your behalf, including, but not limited to, your present and former agents, servants, contractors, employees, accountants, attorneys, investigators, indemnitors, insurers, consultants, and sureties, up to the date of your response to these Requests. This paragraph does not limit your duty to supplement your responses. INSTRUCTIONS 2 DOCUMENTS REQUESTED You are hereby requested to produce the following documents and things pursuant to Pennsylvania Rule of Civil Procedure 4009.1: 1. Any and all documents and/or communications identified or described in your answer to Defendant's Interrogatories to Plaintiff— First Set. 2. Any and all home improvements contracts entered into by you during the previous • five (5) years. 3. Any and all tax documents, including tax returns, relating to your home improvement contracting business. You should include all tax forms (including 1099s, W -9s, etc.) received from or provided to subcontractors used to perform various work for your business. 4. Any and all bank statements for any account receiving funds from your home improvement business. 4 5. An itemized accounting of work performed, hours worked, material costs, rental equipment costs, and Iabor costs for any work undertaken on Defendant's property. Date: 7//7/4 By: 5 Respectfully Submitted, SALZMANN HUGHES, P.C. E. Lee Stinnett II Attorney I.D. No. 307128 105 North Front Street, Suite 205 Harrisburg, PA 17101 (717) 234-6700 Attorneys for Plaintiff Exhibit "B" SALZMANN GHES,I RC. Attorneys at Law EXPERIENCE • INTEGRITY INNOVATION 79 St. Paul Drive • Chambersburg, PA • 17201 (717) 263-2121 • Fax: (717) 263-0663 354 Alexander Spring Road • Suite 1 • Carlisle, PA • 17015 • (717) 249-6333 • Fax: (717) 249-7334 239 B E. Main St. • Waynesboro, PA • 17268 • (717) 762-3170 • Fax: (717) 762-0988 105 N. Front St. • Suite 205 • Harrisburg, PA • 17101 • (717) 234-6700 • Fax: (717) 249-7334 139 Carlisle St • Gettysburg, PA • 17325 • (717) 420-5390 • Fax: (717) 263-0663 *Please reply to Harrisburg Office Kent H. Patterson 221 Pine Street Harrisburg, PA 17101 March 26, 2014 Re: Spink v. Miller, Cumberland County Civil No. 11-9318 Dear Kent: On February .17, 2014, I sent formal requests for interrogatories and production of documents to you on behalf of your client in the matter referenced above. A copy of the requests and transmittal letter is attached. Pursuant to Pa. R.C.P. 4005 and 4006, responses were required within thirty (30) days after service of the requests. To date, I have not received any response and the thirty (30) day time period has elapsed. Your responses are now overdue. If I do not receive a response by April 9, 2014, I will file a Motion for Sanctions. If you have any questions or concerns, please feel free to contact me. Sincerely, SALZMANN HUGHES, P.C. E. Lee Stinnett II <'unccntruting in Lnvironmcntal, 1 oncl Use, heal Iatatc. L,,rtloratc, 1.state Planning and Administration. and c;eneral G'i'll I.itigutiui ATTORNEYS G. Bryan Salzmann, Esq. James D. Hughes, Esq. Adam R. Schellhase, Esq. Scott T. Wyland, Esq. Kurt E. Williams, Esq. Samuel E. Wiser, Esq. Thomas J. Finucane, Esq. Eileen C. Finucane, Esq. Stephen E. Patterson, Esq. Nancy H. Meyers, Esq. Patricia R. Brown, Esq. Laura Rebecca Ables, Esq. George F. Douglas, III, Esq. Ann F. DePaulis, Esq. William W. Thompson, Esq. Rebecca R. Hughes, Esq. David H. Martineau, Esq. E. Lee Stinnett II, Esq. WWW SALZMANNHUGHES.COM Eric K. Grugel, Esq. Jason E. Kelso, Esq. Melissa L. Kelso, Esq. Garret J. Brouwer, Esq. Isaac P. Wakefield, Esq. Stephen T. Coccorese, Esq. CERTIFICATE OF SERVICE I hereby certify that on the • day of , 2014, I served a true and correct copy of the foregoing document via electronic mail as follows: Kent H. Patterson, Esq. 221 Pine Street Harrisburg, PA 17101 E. Lee Stinnett II SCOTT SPINK, v. RICK MILLER, .PILED -OFFICE THE PRGTHONO TAF, 2 f Ei MAY 14 PH 2: 14 6 CUMBERLAND COUNTY PENNSYLVANIA Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 11-9318 ORDER �h M AND NOW, this t % day of 0.1 , 2014, upon consideration of Defendant's Motion to Compel Discovery, it is hereby ORDERED that the motion is GRANTED and Plaintiff, Scott Spink, shall answer Defendant's Interrogatories and Requests for Production of Documents within 30 days of the date of this order or appropriate sanctions will be imposed upon further application to the Court. Copies t 1.5ct /4.?.,/-gas()J i£.e S'guudi' spifty v Salzmann Hughes, P.C. By: E. Lee Stinnett II Attorney I.D. No. 307128 105 North Front Street, Suite 205 Harrisburg, PA 17101 Telephone: 717-234-6700 Fax: 717-249-7334 Attorney for Defendant SCOTT SPINK, V. RICK MILLER, TI7 7E1 t EiTti Pftl 10: 47 CLIME"ItiU_AND COUNTY PENNSYLVANIA Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 11-9318 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: E. Lee Stinnett II, counsel for the Defendant in the above action, respectfully represents that: 1. The above -captioned action is at issue. 2. The claim of the Plaintiff in the action is $2,776.00 plus interest and costs. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: E. Lee Stinnett II and Kent H. Patterson. WHEREFORE, petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Dated: November 17, 2014 By: Respectfully Submitted, SALZMANN HUGHES, P.C. E. Lee Stinnett II Attorney I.D. No. 307128 105 North Front Street, Suite 205 Harrisburg, PA 17101 (717) 234-6700 Attorney for Defendant cuf 0.50pg /0caa 72_,./kr;125sci CERTIFICATE OF SERVICE I, E. Lee Stinnett II, certify that on this 17th day of November, 2014, I have served the foregoing Petition for Appointment of Arbitrators via United States First Class Mail, postage prepaid, addressed as follows: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 E. ee Stinnett II SCOTT SPINK, v. RICK MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION – LAW NO. 11-9318 ORDER OF COURT AND NOW, 2.,),(/074..A)/ 9 , 2014, in consideration of the foregoing petition, %/yitLaii.,&744-_ , Esq., (9'ii�; �� '2 , Esq., and.// ,1 Esq. are appointed arbitrators in the above -captioned action as prayed for. BY THE COURT: .— kefr, 7fit- '/r'r:°/1J ,-meq /ZM,1 c _ 6/, %€S Made,/ it//f`/Gf C) .Li NJ (1