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HomeMy WebLinkAbout12-1360f/ ABOM ?' j?LITLILAKIS Jason P. hutulakTs, I-squire Attorney I.D. #: 80411 2 West I ligh Street Carlisle, P A 17013 (717) 249-0900 ROBERT G. MICHELINI LISA A. MICHELINI Z,3 -°1 m =31 rn c.nr- r.') fTd 5 7,3 r -? --? cra <CD -?; =CD apo +w °. IN THE COURT OF COMMON PLE >y . CUMBERLAND COUNTY, PENNSYLVANIA 2 David Glenn Drive Carlisle, PA 17015 Plaintiffs V. FILE NO.: 2012- / 31P D eivi(Tem DIG-M-INSTALLERS, INC. P.O. Box 15465 Middle River, Maryland 21220 and LOUIE BRILL P.O. Box 15465 Middle River, Maryland 21220 Defendants TO: DIG-M-INSTALLERS, INC. P.O. Box 15465 Middle River, Maryland 21220 CIVIL ACTION -- LAW NOTICE TO PLEAD and LOUIE BRILL P.O. Box 15465 Middle River, Maryland 21220 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the ease may proceed without you and a judgment may be entered against you by the Court * 1o3.175 Ph A` rT I C*3B?f7 without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA ONLY) or 717-238-6715 Respectfully Submitted, ABOM & %UTULAKIS, LLP Date: February , 2012 Jason P. Kutulakis, Esquire Attorney ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ROBERT G. MICHELINI LISA A. MICHELINI 2 David Glenn Drive Carlisle, PA 17015 Plaintiffs V. : FILE NO.: 2011-8279 DIG-NI-INSTALLERS, INC. P.O. Box 15465 Middle River, Maryland 21220 and LOUIE BRILL P.O. Box.15465 Middle River, Maryland 21220 Defendants CIVIL ACTION - LAW TO THE HONORABLE JUDGES OF SAID COURT: COMPLAINT AND NOW, comes the Plaintiffs, Robert G. Michelin and Lisa A. Michelin, by and through their attorneys, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and brings this action against the above-named Defendants to recover damages, attorney fees and costs, in an amount exceeding compulsory arbitration, upon the following causes of action: PARTIES 1. Plaintiff, Robert G. Michelin, is an adult individual who owns/resides at 2 David Glenn Drive., Carlisle, Cumberland County, Pennsylvania. 2. Plaintiff, Lisa A. Michelin, is an adult individual who owns/resides at 2 David Glenn Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffs are married. 3 I 4. Defendant, DIG-M-INSTALLERS, INCORPORATED is a Maryland corporation with an address of P.O. Box 15465, Baltimore, Middle River, Maryland, 21220. 5. Defendant, Louie Brill, is an adult individual employed by defendant, DIG-M- INSTALLERS, INCORPORATED. 6. On or about July 15, 1994, defendant, DIG-M-INSTALLERS, INCORPORATED registered with the Pennsylvania Department of State to conduct business in the Commonwealth of Pennsylvania. See, Business Entity Filing History, attached hereto as "Exhibit A." 7. Defendant, DIG-M-INSTALLERS, INCORPORATED'S president is Tucker P. Rooney. See, Exhibit A. 8. Defendant, DIG-M-INSTALLERS, INCORPORATED registered office address with the Pennsylvania Department of State is c/o Cowan & Kelly, P.C., 402 Middletown Boulevard, Suite 206, Langhorne, PA 19047-0. See, Exhibit A. 9. On or about May 27, 2009, defendant, DIG-M-INSTALLERS, INCORPORATED registered with the Pennsylvania Attorney General's Office as a Licensed Residential Remodeler pursuant to the PA Home Improvement Consumer Protection Act (hereinafter referred to as "HICPA") 10. Defendant, DIG-M-INSTALLERS, INCORPORATED'S HICPA number is PA011842. See, attached proof of registration attached hereto as "Exhibit B." 11. DIG-:M-INSTALLERS, INCORPORATED registered office pursuant to HICPA is 220 Plumbridge Drive, Levittown, PA 19056. See, Exhibit B. 12. DIG -M-INSTALLERS, INCORPORATED resident agent pursuant to HICPA is Tucker P. Rooney. See, Exhibit B. 4 FACTUAL BACKGROUND 13. Plaintiffs and Defendants entered into a written agreement (hereinafter the "Contract") on August 8, 2011. See, attached as hereto as "Exhibit C." 14. Said Contract provided that Defendants would construct a series of outdoor recreational decks with an incorporated above-ground swimming pool. 15. Said Contract further provided that Plaintiffs would pay defendants $24,000 for said construction of the deck and pool. 16. Said Contract required three equal payments of $8,000 to be made. 17. Plaintiffs paid $4,000 at the time of the signing of the Contract on August 9, 2011, via check check #4979. 18. Plaintiffs made a second payment of $4,000 on September 1, 2011, via check #5004. 19. Plaintiffs made a third payment of $8,000 on September 7, 2011, via check #5014. 20. Plaintiffs made a fourth payment of $7,250.00 on September 18, 2011, via check #5030. 21. Plaintiffs made a fifth payment of $4,000 on October 7, 2011, via check #5057. 22. Plaintiffs made a sixth payment of $700 on October 24, 2011, via check #5082. 23. Plaintiffs made a seventh payment of $510 on November 4, 2011, via check #5100. 24. The total amount paid to defendants was $28,460. 25. The Contract provided that Defendants construct a 15' x 30' pool, a 12' x 16' deck from the Plaintiffs' house, a 9' x 14' deck for a hot tub and a 3' walk around deck surrounding the pool. 26. In August 2011, defendants began construction. 27. In November 2011, Defendants abandoned the job sight and the deck and pool were incomplete. 5 28. Due to Defendants' refusal to complete work on the project, Plaintiffs was forced to secure the services of a substitute contractor to complete the installation of their decking and swimming pool and related appurtenances incurring additional costs in excess of $15,000.00. 29. Defendants failed to complete the following: a. Install composite decking b. install above-ground pool with correct liner c. install filtration system d. secure decking e. install retaining wall f. install skirting around decking g. back fill around deck and pool h. fill in post holes i. clean up debris J. left materials and tools throughout Plaintiffs' yard and consumes Plaintiffs' garage. See, photographs taken the first week of February 2012, attached hereto as "Exhibit D." 30. A new pool liner will cost in excess of $500.00. COUNT I- VIOLATION OF PENNSYLVANIA HOME IMPROVEMENT CONSUMER PROTECTION ACT - 73 P.S. 517.1, et. sea. 31. Paragraphs one (1) through thirty (30) are incorporated herein. 32. The Pennsylvania Home Improvement Consumer Protect Act (hereinafter referred to as "HICPA") was enacted and effective July 1, 2009. 33. HICPA applies to the case sub 'udice. 6 I 34. 73 P.S. 517.6 requires the Contractor to include its registration number in all advertisements distributed within this Commonwealth and on all contracts, estimates and proposals with owners in this Commonwealth. 35. Defendants failed to include its HICPA registration number on its contract and invoices with Plaintiffs. 36. 73 P.S. 517.7(a) provides that No home improvement contract shall be valid or enforceable against owner unless: (1) it is in writing and legible and contains the home improvement contractor registration number of the performing contractor; (5) Contains the name, address and telephone number of the contractor. For the purposes of this paragraph, a post office box number alone shall not be considered an address. (11) Agrees to maintain liability insurance covering personal injury in an amount not less than $50,000 and insurance coverage covering property damage caused by the work of a home improvement contractor in an amount not less than $50,000 and identifies the current amount of insurance coverage maintained at the time of signing. (12) Includes the toll-free telephone number of the PA Attorney General's Office; (13) Includes a notice of the right of rescission. 73 P.S. 517.7(a) Emphasis Added. 37. Defendants failed to include its HICPA registration number on the contract or invoices. See, generally Exhibit C. 7 I 38. Defendants' contract provided its address as P.O. Box 15465, Baltimore, Maryland 21220- 0465. See, page one of Exhibit C. 39. Defendants' contract failed to identify what insurance coverage, if any, it had at the time of the signing of the contract. 40. Defendants' contract failed to provide the toll-free telephone number of the PA Attorney General's Office. 41. Defendants' contract failed to provide a notice of Plaintiffs' right to rescind the contract within 3 days of its signing. 42. To the contrary, defendants' contract provides that, "I/we have read, fully understand, and unconditionally agree to the above-stated terms and conditions of this agreement. I/we hereby unconditionally waive the seventy-two hour right to rescission and hereby authorize contractor to immediately install." 43. 73 P.S. 517.7(e) declares particular clauses "voidable" if they are provided in a "home improvement contract" and makes them voidable by the owner: (1) a hold harmless clause; (7) a provision by which the owner agrees not to assert any claim or defense arising out of the contract; (8) a provision that the contractor shall be awarded attorney fees and costs; (9) a clause by which the owner relieves the contractor from liability for acts committed by the contractor or the contractor's agent of any payments or in the repossession of any goods. 44. 73 P.S. 517.10 provides that, "Any violation of the provisions of [HICPA] shall be deemed a violation of the [...] Unfair Trade Practices and Consumer Protection Law (UTPCPL). 8 45. It is believed and therefore averred that Defendant's Contract violated HICPA and therefore also violates UTPCPL. WHEREFORE, it is prayed that This Honorable Court will find for Plaintiffs and against Defendant and award damages including actual and treble damages as well as attorneys fees, costs and other fees/sanctions as the Court deems appropriate. This action is in excess of the jurisdiction for Arbitration. COUNT II - VIOLATION OF PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 46. Paragraphs one (1) through forty-five (45) are incorporated herein. 47. The Pennsylvania Unfair Trade Practices and Consiuner Protection Law (UTPCL), 73 P.S. §5 201-1 et seq., applies to this case. 48. Title '73 P.S. 5 201-2(4)(xiv) and § 201-3 states that "failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made" is an "unfair or deceptive act or practice" and is unlawful. 49. 73 P.S. 201-2(4)(xvi) and § 201-3 states that, "making repairs, improvements or replacements on tangible real or personal property, of a nature or quality inferior to or below the standard agreed to in writing is an "unfair or deceptive act or practice" and is unlawful. 50. Defendants' contract states that, "Our workmanship is guaranteed for three fully years." 51. Defendants' contract further states that there is a "4 yr. warranty on workmanship." 52. Defendants' contract additionally states that, "There is a 4 year warranty on all workmanship, a 3 year warranty on the pool install, and a 1 year warranty on the seam of the liner. All material warranties including pool and deck are covered by manufacturer." 53. Defendants' contract additionally states that, "Pool and deck will be custom built to customer's satisfaction." 54. Addidonal terms of defendants' contract provided for, "customer satisfaction." 9 55. Where contractor agreed in writing to perform contract with workmanship of good quality but is shown to have performed substandard and inferior work, violations of uniform trade practices and consumer protection law is established. Com. v. Burns, 663 A.2d 308 (Cmwlth 1995).. 56. Defendants' contract provides that, "The job is to be worked on at least 4-5 days a week until it is complete." 57. Defendants have failed to complete their obligations as provided in their contract. 58. Defendant failed to comply with the written guarantee that "Seller shall proceed diligently to complete the pool..." 59. Defendant committed an unlawful "unfair or deceptive act or practice," as per the UTPCL, when it failed to comply with this written guarantee to diligently complete the pool. 60. The Contract provided that Defendants construct a 15' x.30' pool, a 12' x 16' deck from the Plaintiffs's house, a 9' x 14' deck for a hot tub and a 3' walk around deck surrounding the pool in exchange for the sum of $24,000.00. 61. The Contract provided that construction would begin August 9, 2011. 62. Defendant commenced work on or about August 9, 2011. 63. Defendants failed to complete the deck or install the pool. 64. Plaintiffs made repeated efforts to have defendants complete the project. 65. Title '73 P.S. § 201-2(4)(xvi) and § 201-3 states that "making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing" is an "unfair or deceptive act or practice" and is unlawful. 66. Defendant failed to complete the project as per the specifications listed in the contract. 10 67. Further Defendant quality of services were deficient and below standards agreed to as they left the job incomplete resulting in materials being damaged and lumber becoming warped. 68. Plaintiffs committed an unlawful "unfair or deceptive act or practice," as per the UTPCL, when it failed to complete the project as per the specifications listed in the contract and failed to complete the work specified in the contract. WHEREFORE, it is prayed that This Honorable Court will find for Plaintiffs and against Defendant and award damages including actual and treble damages as well as attorneys fees, costs and other fees/sanctions as the Court deems appropriate. This action is in excess of the jurisdiction for Arbitration. COUNT III - FRAUD 69. Paragraphs one (1) through sixty-eight (68) are hereinafter incorporated by reference. 70. The following actions of Defendant constitute fraudulent or deceptive conduct that created confusion and misunderstanding: a. § 517.8(a)(2) of the PA Home Improvement Consumer Protection Act defines fraud when the contractor "receives any advance payment for performing home improvement services or providing home improvement materials and fails to perform or provide such services or materials when specified in the contract [...]." b. Plaintiffs paid defendants approximately $28,000.00 and defendants failed to complete their obligations pursuant to the contractual terms. c. Defendants ceased work on the project on or about November 4, 2011, as defendants abandoned the job sight and the deck and pool were incomplete. f. Due to Defendants' refusal to complete work on the project, Plaintiffs was forced to secure the services of a substitute contractor to complete the installation of his swimming pool and related appurtenances incurring additional costs in excess of $15,000.00. 11 g. Plaintiffs' deck and pool are still not completed. h. While defendants did provide a pool liner, it is the incorrect size and design for Plaintiffs' pool. Therefore, Plaintiffs must purchase and have installed a new pool liner. 71. Plaintiffs committed an unlawful "unfair or deceptive act or practice," as per the UTPCL, when it engaged in the above fraudulent or deceptive conduct that created confusion and misunderstanding. 72. Defendant is entitled to actual damages, treble damages and attorney fees for violations of the UTPCL, in accordance with 73 P.S. § 201-9.2(a). 73. 73 P.S. 517.8(c)(6) provides that, "In addition to any other penalty imposed by this act, the court may revoke or suspend the certificate [of registration]." WHEREFORE, it is prayed that This Honorable Court will find for Plaintiffs and against Defendant and award damages including actual and punitive damages as well as attorneys fees, costs and other fees/sanctions as the Court deems appropriate. This action is in excess of the jurisdiction for Arbitration. It is further prayed that This Honorable Court will revoke the defendants' certificate of registration provided by HICPA. COUNT IV - BREACH OF WARRANTY 74. Paragraphs one (1) through seventy-three (73) are hereinafter incorporated by reference. 75. For the reasons enunciated above, Plaintiffs are not satisfied with the work of the Defendant. 76. Despite Defendant's cessation of work on the project, Plaintiffs feel that the project is not completed. 77. Defendant did not complete the work per the written contract. 78. Plaintiffs have made contact with Defendants to express dissatisfaction. 79. Plaintiffs have made many demands on Defendants to correct the defects and complete the project, but Defendants failed to comply. 12 80. The defects in the project are a direct result of Defendants' failure to provide good and workmanlike labor, equipment and materials. 81. Defendants have breached its obligation to complete the Plaintiffs project in a timely and workmanlike manner. 82. The work performed by Defendants on the project falls outside the standards of quality as measured by the prevailing standards of construction in south-central Pennsylvania and the surrounding areas. 83. Defendants' contract provides for a 4 year warranty on workmanship. 84. Defendants have failed to complete the deck or install the pool, therefore the workmanship cannot be warranted. 85. Defendants' contract provides for a 3 year warranty on the pool installation. 86. Defendants have failed to install the pool liner and complete the pool installation; therefore the pool installation cannot be warranted. 87. Defendants' contract provides for a 1 year warranty on the pool seam. 88. Defendants ordered the incorrect pool liner and have failed to install a pool liner, therefore the pool liner seam cannot be warranted. WHEREFORE, Plaintiffs demands judgment in their favor and against the Defendant in the amount damages in excess of the compulsory arbitration limits, attorneys fees, costs and interest association with this bringing of the within action. COUNT V - BREACH OF CONTRACT 89. Paragraphs one (1) through eighty-eight (88) are incorporated herein. 90. Plaintiffs and Defendants entered into a written agreement (hereinafter the "Contract") on August 8, 2011. See, Exhibit C. 13 91. The Contract provided that Defendants construct a 15' x 30' pool, a 12' x 16' deck from the Plaintiffs' house, a 9' x 14' deck for a hot tub and a 3' walk around deck surrounding the pool at Plaintiffs' residence listed above in exchange for the sum of $24,000.00. 92. The Contract provided that construction would begin August 9, 2011 and be worked on 4-5 days weekly until completed. 93. Defendant commenced work on or about August 9, 2011, when excavation equipment arrived on sight. 94. On or about November 4, 2011, Defendants abandoned the job sight and the pool was incomplete. 95. Due to Defendants' refusal to complete work on the project, Plaintiffs was forced to secure the services of a substitute contractor to complete the installation of his swimming pool and related appurtenances incurring additional costs in excess of $15,000.00. 96. The Contract between Defendant and Plaintiffs states that "the project will be constructed according to plans and specifications." 97. Plaintiffs do not believe that Defendants have completed the work on the project. 98. Defendants failed to complete the work in a timely and efficient manner as promised in the contract. 99. Defendants failed to show up for work on several occasions when promised they would be at the work site. 100. Failure to comply with the terms of a written contract constitutes a breach of that contract. 101. Defendants failed to comply with all of the terms of the written contract. 102. Defendants breached the contract by failing to comply with the terms of the written contract. 14 103. Plaintiffs notified Defendants on several occasions that they were not in compliance with the terms of the written contract. 104. Plaintiffs have and will continue to expend considerable sums of money to address and correct the omissions and defects of Defendants' workmanship. 105. The costs incurred by Plaintiffs to put themselves in the position that they would have been in had Defendants adequately satisfied their obligations under the contract are damages. WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendants in the amount damages in excess of the compulsory arbitration limits, attorneys fees, costs and interest association with this bringing of the within action. Respectfully Submitted, ABOM & KUTULAKUS, LLP Date: February A 2012 114TA ... - Jaso P. utulakis, E Atto ey 8041.1 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs 15 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. February , 2012 Feburary A? , 2012 &44 Robert Michelini Lisa Mic elini 15 $usiness Entity ?iic S ` f i T) ace Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Sear,, By Business Nv ,rne By Business E,-itity il..) VerfY Verify Certification Online O;-tiers Peciister for Online Orders Order Good Standing Order Certified 'Documents Order Business '_ist My Images Search for lma ,es Business Entity Filing History Date: 2/10/2012 (Select the link above to view the Business Entity's Filing History) Business Name History Name Name Type DIG-M-INSTALLERS, INC. Current Name Business Corporation - Foreign - Information Entity Number: 2590158 Status: Active Entity Creation Date: 7/15/1994 2:13:45 PM State of Business.: MD Registered Office Address: C/O COWAN & KELLY PC 402 MIDDLETOWN BLVD STE 206 LANGHORNE PA 19047-0 Bucks Mailing Address: No Address Officers Name: TUCKER P ROONEY Title: President Address: 1400 FRONT AVE STE 305 LUTHERVILLE MD 21093 Name: MARIE D ROONEY Title: Treasurer Address: 1400 FRONT AVE STE 305 LUTHERVILLE MD 21093 Phi Copyright © 2002 Pennsylvania Department of State. All Rights Reserved Commonwealth of PA Privacy Statement https://www.c:orporations.state.pa.us/corp/soskb/Corp.asp? 1521403 EXHIBIT __A__ 2/10/2012 IrTome'mprovement Contractor Search 'ale 71 o. ; go.^ e Cc seers Crime Drugs Kids, Parents & Schools Press =eniiors The Office irch Find nearest contractor 0 Business Jie-M --- Keyword(s): HIC # PA011842 Registered Sirce 5/27/2009 Expiration 7,/1/2013 --- Phone 215-949-2877 Fax 215-943-9431 e.g. Electrical Plumbing Location: Address 1 209 Larkspur Lane City Baltimore State MD Zip 21220 e,g. Harrisburg, PA 02134 Description Installation of Above Ground Swimming Pools (The accuracy of distance is based on provided address.) Find a specific contractor u HIC Number: Business Name: dig-m City Zip _. _. _., Helpful Links :,:.. rf C+n5umer _ P w Ccn"jmer Press Releases Site tlAp I S.ylbscriptions un ac_U£ In_; err;et P _li i<ch Ba i i?-? r C o'this .e - ;operty of the Pennsyh:aria Office of Attomey Gene,ai Reuse of th.., content requires permiscn a P__= 1 arr. cnn 'E :a Office of Attorney G3 neral Strawberry Square Pia sbu:-g, P't i71 Copyright 2005-2009, All rv, its reserved. 1-ittp://hicsearch.attomeygeneral.gov/default.aspx EXHIBIT 2/10/2012 Details Contacts Shareholders ?• t ,n Background Out Of State Page Insurance Information ? v iiam4ge - ?I t .;urn, Donegal Mutual Insurance Co. $1,000,000.00 $1,000,000.00 'otzls: S1j'00,030.t30 ?1 1,00u'000.00 Other Registrations - I :ate I ,;'uatjor Nimi)er ( _. pr.lon State NJ Office of Attorney General New Jersey 13VH02802500 State Division of Revenue Delaware 1990005952 State Department of Labor, Licensing and Regulation Maryland 38308 http://hiesearch.attomeygeneral.gov/Detail.aspx?id=2e57ecOe-d671-e011-affl-005056a77... 2/10/2012 ' Detai's ^= Contacts Shareholders Information Background 7 1 q 7E, 'v it "V Name Tucker P Rooney / Dig-M Installers, Inc. Address 1 220 Plumbridge Drive City Levittown State Pennsylvania Zip 19056 'age http:/ihicsearch.attomeygeneral.gov/Detail.aspx?id=2e57ecOe-d671-e011-af08-005056a77... 2/10/2012 Page 1 OIG M DIG-M-INSTALLERS, INCORPORATED I P.O. BOX 15465 BALTIMORE, MARYLAND 21220 -0465 / MD 1-44 PA-NJ-DE 1-215-943-4844 t3 u 7E, 7 : ABOVE GROUND SWIMMING POOL INSTALLATION AGREEMENT Customer Name : if ll rj I Address:,; Dc,,,,i l? C (em vZ Ca City?(7f ?-6 State 1.- Home # °7? 7 - ?/zK `) 6 Husband Wk # Customer # 2008f2100 Service Invoice # Dealer & Salesperson: Location Zip1701z5- Wife Wk # DEALER ORDER NO (HEREINAFTER REFERRED TO AS OWNERS, HEREBY AGREES WITH DIG-M-INSTALLERS INC. (HEREINAFTER REFERRED TO AS CONTRACTOR) ONLY UNDER AND PURSUANT TO THE TERMS AND CONDITIONS HEREINAFTER SET FORTH FOR ONLY THE INSTALLATION AND/OR SERVICE OF THE STATED ABOVE GROUND SWIMMING POOL ON OWNERS PROPERTY LOCATED AT ADDRESS ABOVE, THE FULL CONTRACT PRICE SHALL BE WHICH MUST BE PAID IN FULL BY CASH AT THE TIME THAT CONTRACTOR COMPLETES THE SUBJECT SERVICE. Size of Pool i $ 0.00 Accessories - 6' C'?eG?C ?r0 `?? t, S e?yl .I(/?/I NG? t G; ?2C% ci b /G?Rq ?? ? O( $ BASE (Customers Choice) S Tons of Sand / Bags of Pool Base ` Other Total Due $ Additional Charges TERMS AND CONDITIONS OF THIS AGREEMENT I.OWNERS UNCONDITIONALLY AND IRREVOCABLY ACKNOWLEDGE THAT CONTRACTOR ONLY INSTALLS AND SERVICES ABOVE-GROUND POOLS AND THAT CONTRACTOR DOES NOT SELL THE PRODUCT(S) ITSELF AND/OR ANY PRODUCT(S) RELATING THERETO. AS A RESULT THEREOF OWNERS HEREBY UNCONDITIONALLY AND IRREVOCABLY GUARANTEE AND AGREE TO INDEMNIFY AND HOLD HARMLESS CONTRACTOR FROM ANY AND ALL LIABILITY INCLUDING CONTRACTOR'S COUNSEL FEES AND COURT COSTS IN DEFENDING ANY CLAIM ARISING FROM ANY DEFECTS OF ANY NATURE OR KIND INSAID PRODUCT(S) AND FROM ANY LIABILITY ARISING OUT OF ANY WARRANTY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR USE OF PURPOSE. 2. OWNERS AT OWNERS SOLE COST AND EXPENSE AND IN ADDITION TO THE ABOVE-STATED CONTRACT PRICE MUST SUPPLY AND/OR OBTRAIN THE FOLLOWING- THE SUBJECT POOL AND ALL OF ITS ACCESSORIES INCLUDING BUT NOT LIMITED TO ITS FILTRATION SYSTEM; ABASE FOR UNDERLINER (SAND OR VERMICULITE); ALL NECESSARY PERMITS; ALL LANDSCAPING OR RE-LANDSCAPING WORK; THE EXACT POOL LOCATION; A SUITABLE ACCESS TO AND FROM THE JOB SITE FOR EQUIPMENT AND MACHINERY; ALL WATER AND ELECTRICAL WORK AND HOOK-UPS FOR POOLAND FILTRATION SYSTEM; A BACKHOE AND ITS OPERATOR IF REQUIRED IN CONTRACTORS' SOLE DISCRETION; AND ANY AND ALL OTHER NONSTANDARD MACHINERY EQUIPMENT MATERIAL AND/OR LABOR THAT CONTRACTOR IN ITS SOLE DISCRETION DEEMS NECESSARY IN ORDER TO PROPERLY INSTALL OR SERVICE THE SUBJECT POOL. 3. IT IS UNCONDITIONALLY AND IRREVOCABLY AGREED THAT CONTRACTOR SHALL NOT BE HELD LIABLE IN ANY MANNER FOR ANY OF THE FOLOWING; ANY WRINKLES IN LINER; SAID LINER SHRINKING OR WALLS DENTING; THE BOTTOM BASE BEING LEVEL; ANY ROCKS OR OTHER OBJECTS WHICH MAY WORK UP THROUGH THE SOILAND DAMAGE SAID LINER; OBTAINING AND/OR INSTALLING ANY MISSING PARTS; FAILURE TO COMPLETE INSTALLATION AS PROMISED BECAUSE OF ANY ACT AND/ OR LANDSCAPE WORK OR ANY DAMAGES FROM CHEMICALS. OWNERS HEREBY UNCONDITIONALLY AND IRREV OCABLY GUARANTEE AND AGREE TO ENDEMNIFY AND HOLD HARMLESS CONTRACTOR FROM ANY AND ALL LIABILTY THEREFORE INCLUDING CONTRACTOR'S COUNSEL FEES AND COSTS IN DEFENDING ANY CLAIM ARISING FROM ANY AFORESAID CONDITION OR EVENT. 4. ALLAMENDMENTS TO THIS AGREEMENT MUST BE MADE IN WRITING AND SIGNED BY BOTH OWNERS AND CONTRACTOR. 5. NO WAIVER OF ANY BREACH OR CONDITION OF THIS AGREEMENT SHALL BE DETERMINED TO BE A WAIVER OF ANY OTHER OR SUBSEQUENT BREACH OR CONDITION WHETHER OF LIKE OR DIFFERENT NATURE. 6. IF ANY TERM-CONDITION - CLAUSE OR PROVISION OF THIS AGREEMENT SHALL BE DECLARED VOID OR INVALID IN LAW OR OTHERWISE THEN ONLY THAT TERM-CONDITION - CLAUSE OR PROVISION SHALL BE STRICKEN AND IN ALL OTHER RESPECTS THIS AGREEMENT SHALL BE VALID AND REMAIN IN FULL FORCE AND EFFECT. 7. THIS AGREEMENT SHALL INURE TO AND BE BINDING UPON THE RESPECTIVE PARTIES HEIRS; EXECUTORS; ADMINISTRATORS; REPRESENTATIVES; SUCCESSORS; AND/OR ASSIGNS. 8. THIS AGREEMENT SHALL BE ASSIGNABLE BY CONTRACTOR HOWEVER THIS AGREEMENT SHALL NOT BE ASSIGNABLE BY OWNER. 9. THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. THERE ARE NO REPRESENTATIONS PROMISES, COVENANTS, UNDERTAKINGS, OR OTHER AGREEMENTS; ORAL OR WRITTEN OF ANY NATURE OR KIND WHATEVER OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. 10. WHEN THIS CONTRACT IS SIGNED OWNER IS VERIFYING TO INSTALLER ALL NECESSARY BUILDING PERMITS HAVE BEEN OBTAINED. ANY FINES RESULTING FROM PERMITS NOT BEING OBTAINED ARE FULLY THE OWNERS RESPONSIBILITY. IF CONTRACTOR RECEIVES FINES BECAUSE OWNER DID NOT OBTAIN PERMITS OWNER WILL BE BILLED FOR ADDITIONAL EXPENSES INCURRED BY CONTRACTOR. 11. BY SIGNING THIS CONTRACT THE CUSTOMER ALSO AGREES TO CALL THE TOWNSHIP - COUNTY OR BOROUGH AFTER THEIR POOL IS INSTALLED FOR INSPECTION. CUSTOMER IS REQUIRED BY CONTRACTOR TO SUPPLY ALL POOL MATERIALTO BE WITHIN CODE TO PASS INSPECTION. 12. HOMEOWNER IS RESPONSIBLE FOR LOCATION OF POOL SO THAT IT MEETS ALL REQUIRED SETBACK FOR TOWNSHIP CODES OTHERWISE HOMEOWNER WILL INCUR ANY ADDITIONAL COSTS FOR MOVING POOL TO A NEW LOCATION IN YARD. 13. THIS AGREEMENT IS ONLY BINDING UPON CONTRACTOR WHEN ACCEPTED BY CONTRACTOR. AS A RESULT THEREOF THIS AGREEMENT SHALL BE GOVERENED BY THE LAWS OF THE STATE OF MARYLAND AND MARYLAND SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION OVER ANY LITIGATION ARISING FROM THIS CONTRACT. 14. OUR WORKMANSHIP IS GUARANTEED FOR THREE FULL YEARS. 15. DO NOT LEAVE MORE THAN 3TO4 INCHES OF RAIN OR SNOW ON TOP OF YOUR WINTER COVER. 16. DO NOT' DIVE IN THIS POOL. I / WE HAVE READ. FULLY UNDERSTAND, AND UNCONDITIONALLY AGREE TO THE ABOVE STATED TERMS AND CONDITIONS HEREBY UNCONDITIONALLY WAIVE THE SEVENTY-TWO HOUR RIGHT TO RESCISSION AND HEREBY AUTHORIZE CWTRACI ACCEPTED BY?ONTRACTOR,;IR DIG- NST LLERS INC. BY: ---- - - -----Date----------------- CUSTOMERS SIGNATURE`Vj,,.. TODAYS AGREEMENT. I/ WE 4MEDIATELY INSTALL. EXHIBIT d Desna 1 DIG-M -INSTALLERS. I NC Excavation Information Excavation done by (Installer circle One) OUST DIEM EXMEN KKIN WON ROY GROUND LEVELING CHARGE IS G?M&. THE FIRST b _ INCHES ARE FREE UP TO (1) FOOT. IF OVER (1) FOOT THEN NO FREE INCHES. TRANSIT HIGH NUMBER IS TRANSIT LOWt,NUM,PER IS _-Difference ? !? at $ 2.00 Each will be Additional Chg PAID BY Customer or Installer LINER MAINTENANCE CONTRACT Page #2 If your liner should split on a seam, the manufacturer will supply a new liner. Dig-M is including a one time liner change for up to one year. This contract covers the labor charges on a liner change should your liner split on a seam and only if your liner splits on a !seam. This contract is renewable on a yearly basis at the rate of $50.00 per liner change. It is the homeowners responsibility to mail in the $50.00 renewal. INSTALLATION DATE. -EXPIRATION DATE- - This is to certify that the above named party is fully covered for all labor to change a liner due to a seam split. Cost of the replacement liner is covered by the manufacturer. All labor for the change is covered by DIG-M-INSTALLERS. There is no charge whatsoever to the above named owner for liner change due to a seam split only. DIG-M-INSTALLERS INC. REPRESENTATIVE I S -Customers Signature NO - Customers Signature COMPLETION SLIP Last Name Address Development City - State- Zip Home#-H usWk#-WifeWk# air M r_tm Y?°I CUSTOMER MUST PUT ALL WARNING SIGNS ON THIS POOL. 0_N; _Y KEEP 3-4" OF SNOW OR WATER ON YOUR WINTER COVER. C?_ }'DUR INSURANCE COMPANY AND MAKE SURE YOUR POOL IS COVERED FOR ANY PROBLEMS. COMMENTS / SHORTAGES / COMPLAINTS } .,., yf. f c;L Jib :AA ? 7 r(J+,.;1 ?r1lL'? IQ?1 ? J\? G f ?. ?? Warranties received - Filter explained - Instal:-tion of pool - Trash neatly stacked - Installer and crew courteous - Winterizing letter received - PW a rubber bath mat under your ladder. YOU MUST KILL THE Jti,ti??i'fJ????filJtltvi`r';c^J? SIFLIk F, VJ r??''J4RT:,4, ??t_ (jNF_FQQTI&I3,2ER_THAN.YOUR POOL AREA, OTHERWISE vegetation could very well grow under yodr liner and maybe put a-hole in it. PUTTING DIRT ,STONE,MULCHORSOMET`(PEOF ?ANOSCAPtNG AROUND`(OUf???vt?t??l.??LST 6E DANE IMMEDIATLEY, SO POOL DOES NOT SETTLE. This is fully your responsior-,II-N, k AKA SURE Y013 READ THE FYI I FTTFR AND THE BLUE SOAK )N FULL 1)11 state that 1 am completely sac's""' W"oo1 I dive in this p „w-• _ :^?do hereby 1117 Gib o; the ??`Q?d???.y derstand no 0ne 1-,,%? ? ? ?.. in the comp " ?. 1 r„eACDC ctr:NATIIRE F `_ - -° 1 JOBINVOICE _ ley ?.1 kYr d d-e o it l?f r?C`?f 7 L1'? MISCELLANEOUS CHARGE S '9NEOUS LABOR HRS. RATE AMOUNT i l1 ?:?? r? cJ + Ff TOTAL MATERIALS TOTAL LABOR WORK ORDERED DATE ORDERED DATE COMPLETED CUSTOMER APPROVAL SIGNATURE AUTHORIZED SIGNATURE ' l A-2817-3B17/T-3866 TOTAL LABOR TOTAL MATERIALS TOTAL MISCELLANEOUS SUBTOTAL TAX GRAND TOTAL ' ` `? L SERVICE CONTRACT DIG-M-INSTALLERS INC. P.O. BOX 15465 MIDDLE RIVER, MARYLAND 21220 - Pq 417 q n Size ELI ?- C S? -- G ? Mfg. Model Sand Amount. TONS IF YOU WERE TOLD TO ORDER SAND THEN .........Order the finest grain possible. HomePhone LABOR PERFORMED ff/7.9 of e4164Ir) n Cy' G-?i- C?? /6? '??C G' / J- h t'V?u V i y' Ot f Je(k bc,,114 cc): co rY n e; L T . J J 7 2!A 1 C{• ?'c r !`c! L ??h )cGj 'j- c?'r Jew -E'?C) C7, ? v P ???G'ec ly d G c C, CCw:'I c` 'nc' J [/I k All a 5 Al nc ?? ?z>rtr? ` ?C 5 r?-e ESL, deck b&c1c4 '? ?? ( ,,?? l ? ? ?, y?o1'd``?? `? ? t 5 ,-f'c! c -4 cr%'I'I. ?s ??t^-c ?- -} ??f e?ce, h.? ?.z,? , n s s ?M- c?af e6 k r S ?? t a!`e% hc?`r sv? Ir h? C rn G 1 U >-,?? L!-icje( Q?ec kk j-e )-?a see rc? 1, COMMENTS ci 1 rnn tL rc? u r e-c' b ?v Rio j'?-C( l `7 p'{".??c.>??5?c ??f` ??>< v't? ? !?-E'' 1'v? t t S • ? 17?f G')j'x,>?,?ve'? (.,rt 5 41 ? Le Jlg % C /? ??d2 s Jv 4 Cf ec le- r n y C /, r } 1 Cr s G > ? c? J ???'?? 12e /?Gv L?'i7 (?t? # G' 44 fo `jZc G? %-C2 C,, ct.4-- t-z,..? ve- LC Total.` 00c'" fl.00"cc h,,,( )? I HEREBY STATE THAT I AM COMPLETELY SATISFIED WITH ?t Ceps. CG?? roc .? c/ %? > i --- --- ------ - -- --- -- ------- - - - ------ t' ? -?- I TALLERS SIGN TURE CU3TOMERSGNATURE 14 t d --?- JOB INVOICE DAT ORDERED ORDER TAKEN?BY I PHONE N CUSTOMER ORDER # JOB LOCATIQN 1/1 -. .. l ?2 ry ? JOB"PHONE START IV G, E / - TERMS ? C C. i I r .4" Al" MISCEI-LANEOUS:CHARGE S TOTAL MISCELLANEOUS LA'BOIR HRS. RATE i TOTAL MATERIALS TOTAL LABOR TOTAL LABOR TOTAL MATERIALS TOTAL MISCELLANEOUS SUBTOTAL TAX GRAND TOTAL A-2817-3817/T-3866 TO ADDRESS I ATT NTII04 1 DATE ORDERED ORDER TAKEN BY /^. / , PHONE NO CUSTOMER ORDER # JOB LOCATION Gl ?A -? JOB PHONE STARTING DATE TERMS • Tl? e o • • •• i, c M t 1, e av" t? L 1 'MISCELLANEOUS CHARGES baC 7 r ? ?'i; ?i C;- `mil ? i ? : • e _ VoiA to 1 ecit A5?? In 6) i WUHK UHUCHtU b5 DATE ORDERED 46, D/:'E COI?P'_E ,,?7 C P- 1"k IG1VA,! ""iRF- Ai?"' ? iHOIT R'I-IJ ^t-r' CI?NA.T t', ? > '.? a.:; -darns 817 OB INVOICE JOB INVOICE _ 1 SOLD TO ADDRESS DATE ORDERED ORDER TAKEN BY PHONE NO. CUSTOMER ORDER # JOB LOCATION JOB PHONE STARTING DATE TERM e e e e• e C6 r . --- ?? 7 ?- i Al ? ,11 MISCELLANEOUS ]CHARGE S ,? (Jl 4/I 4z,( l F l? ?c", G?? C?c?YA c- ??? ) v _ TOTAL MISCELLANEOUS IABDR HRS. 'RATE; ??-- (06 - .0-c) TOTAL MATERIALS TOTAL LABOR CUSTOMER APPROVAL SIGNATURE AUTHORIZED SIGNATUPE" TOTALLABOR TOTAL MATERIALS TOTAL MISCELLANEOUS SUBTOTAL TAX GRAND TOTAL A-2817-38171T-3866 I U ? c - ".-K ?N C3) 5 p G ((?? P- l? rb i i ?. 7L% A 1 ? DIG-M-INSTALLERS, INC Excavation Information Excavation done by (Installer circle One) OUST RIM EXMEN KKIN FITCH NOY -------__ GROUND LEVELING CHARGE IS ........... THE FIRST ---- INCHES ARE FREE UP TO (1) FOOT. IF OVER (1) FOOT THEN NO FREE INCHES. TRANSIT HIGH NUMBER IS TRANS 171F LOW NUMBER IS --------Difference --------- ------ at $----.00 Each will be $------- Additional Chg PAID BY Customer or installer Page #12 LINER MAINTENANCE CONTRACT If your liner should split on a seam, the manufacturer will supply a new liner. Dig-M is including a one time liner change for up to one year. This contract covers the labor charges on a liner change should your liner split on a seam and only if your liner splits on a seam. This contract is renewable on a yearly basis at the rate of $50.00 per liner change. It is the homeowners responsibility to mail in the $50.00 renewal. INSTALLATION DATE --------------------------- EXPIRATION DATE -_--__-______-_-_____-___ This is to certify that the above named party is fully covered for all labor to change a liner due to a seam split. Cost of the replacement liner is covered by the manufacturer. All labor for the change is covered by DIG-M-INSTALLERS. There is no charge whatsoever to the above named owner for liner change due to a seam split only. i DIG-M-INSTALLERS INC. REPRESENTATIVE <-- YES - Customers Signature NO - Customers Signature COMPLETION SLIP Last Name Address Development City - State- Zip Home#-HusWk#-WifeWk# CUSTOMER MUST PUT ALL WARNING SIGNS ON THIS POOL. * * ONLY KEEP 3-4" OF SNOW OR WATER ON YOUR WINTER COVER. CALL YOUR INSURANCE COMPANY AND MAKE SURE YOUR POOL IS COVERED FOR ANY PROBLEMS. COMMENTS SHORTAGES COMPLAINTS zllooo /? c? S f r? o a 0 in r L ? 1 1, -- L "/ -?' ? -67, 0 (n 0 Warranties received - Filter explained - Installation of ool - Trash neatly stacked - Installer and crew courteous - Winterizing letter received - Put a rubber bath mat under your ladder. YOU MUST KILL THE VEGETATION AROUND THE OUTSIDE OF YOU POOL FOR AN AREA ABOUT ONE FOOT WIDER THAN YOUR POOL AREA, OTHERWISE: vegetation could very well grow under your liner and maybe put a hole in it. PUTTING DIRT,STONE,MULCH OR SOME TYPE OF LANDSCAPING AROUND YOUR POOL WALL MUST BE DONE IMMEDIATLEY, SO POOL DOES NOT SETTLE. This is fully your responsibility. MAKE SURE YOU READ THE FYI LETTER. AND THE BLUE BOOK IN FULL !!!! I have been explained all of the above, and do hereby state that I am completely satisfied with my installation unless I have so stated in the complaint space above. I,L?nderstanp no one can dive in this pool . STO1''?IERS SIGNATURE & DATE Pace 4 - For Your Information Letter 06/06/08 TO OUR NEW CUSTOMERS: YOU MUST COVER THE BOTTOM TRACK OF YOUR POOL, I M M E D I A T E L Y, AFTER WE LEAVE. DO SOME KIND OF LANDSCAPING, FIRST, USE WEED BLOCKER PAPER, OR SOMETHING TO PROTECT THE WALL OF YOUR POOL. THEN YOU CAN USE STONE ( Make sure the stone does not contain any lime), MULCH, WOOD CHIPS, SOMETHING, CALL A PROFESSIONAL LANDSCAPER FOR ADVICE. YOU MAY BE ADVISED TO PUT IN A FRENCH DRAIN OR RETAINING WALL IF YOU DO NOT, THIS IT CAN MAKE YOUR POOL SETTLE AND WILL COST YOU ADDITIONAL MONEY TO FIX IT. PLEASE REMEMBER YOU MUST DO THIS NO W !!!!! IF YOU DON'T........ RAIN WATER, OR SPLASHING, WILL GET UNDER THE BOTTOM TRACK OF YOUR POOL, AND YOUR SAND, WILL START TO WASH OUT. MAKE SURE YOUR DRAIN SPOUT FROM YOUR GUTTER SYSTEM IS NOT AIMING TOWARDS YOUR SWIMMING POOL YOUR BOTTOM WILL NEVER HARDEN IF YOUR SAND STAYS WET. THIS WILL COST YOU ADDITIONAL MONEY FOR US TO FIX IT. 1/1 1 L L ALL GRASS AND ALL VEGETATION AROUND THE OUTSIDE OF YOUR POOL. DO NOT LET ANY VEGETATION GROW CLOSE TO THE POOL WALLS. VEGETATION WILL GROW UNDER YOUR LINER AND COME UP. ITS YOUR RESPONSIBILITY TO MAINTAIN YOUR POOL. KILLING THE VEGETATION IS EXTREMELY IMPORTANT AT LEAST ONE FOOT AROUND THE OUTSIDE OF YOUR POOL SHOULD BE FREE OF VEGETATION GROWTH. W I N T E R MAINTENANCE -- WHEN YOU CLOSE YOUR POOL YOU MUST KEEP ONLY TWO - THREE INCHES OF SNOW OR RAIN ON TOP OF YOUR WINTER COVER AT ALL TIMES. THE WEIGHT FROM YOUR SNOW OR RAIN WILL CAUSE YOUR COVER TO RIP AND FALL IN THE POOL OR JUST CRUSH THE TOP OF THE POOL WALL OR SEATS. YES-------- WE MEAN WHEN ITS A SEVERE SNOW STORM, YOU MUST GO OUTSIDE WITH A SOFT BROOM AND REMOVE THE SNOW OFF THE COVER EVERY HOUR ON HOURS TO PREVENT DAMAGE. FAULTY WINTERIZING IS NOT COVERED UNDER YOUR WARRANTY. YOU WILL BE CHARGED TO FIX YOUR POOL. WHEN YOU SIGN THIS, YOU ARE STATING YOU COMPLETELY UNDERSTAND, WHAT WE HAVE TOLD YOU TO DO. CALL YOUR INSURANCE AGENT TO MAKE SURE YOUR POOL IS COVERED FOR ACTS OF GOD, OR ANY OTHER DAMAGE. IF YOUR INSURANCE COMPANY DOES NOT COVER SWIMMING POOLS WE STRONGLY SUGGEST YOU CHANGE YOUR INSURANCE COMPANY TO ONE THAT WILL COVER YOUR ABOVE GROUND SWIIMING POOL. THIS IS A VERY EXPENSIVE ADDITION TO YOUR HOME AND ALSO NEEDS PROTECTION ! sy , ?Y DJ?EM REPRE NTA IVI IGNATURE * j. - ?-Tt ?-4+' -:'-- - ---- ----------- V CUSTOMER SIGNATURE ' ,1 JOB INVOICE _ DATE ORDERED ORDER TAKEN BY PHONE NO. CUSTOMER ORDER # JOB LOCATION JOB PHONE STARTING DATE TERMS o 0 0 0- I L4 c- c, J. .. L l i G7?ll? .? Mr+ C'„? i r t t?? IC1 j v i l it '{, + r•f.,i,? La r°??C 2 cl - MISCELLANEOUS CHARGE S TOTAL MISCELLANEOUS TOTAL MATERIALS TOTAL LABOR Y AUTHORIZED SIGNATURE A-2817-3817f T-3B66 CUSTOMER ci " APPROVAL SIGNATURE _-_ LoC = ?l. ''{ J '??.?- a. ` low w No ... d?£ i; F1i;l i 6?: A <,- 1 *4 4 14 1 d 24 K - fief, iBQ ? y+pr S a? r .ter- ?r i t w; .. Y. ??', ?i 11, ? ?? .f 1?, .dui ??lii+,? i` ? .. ?'? z ?, ?. :;? r „? ?, ?. _ M dl ?t ?%?', na p , ?,= °.. ??.:. .- ?` i ?F? ? ' 8? ? I o?:? , ? ii ,?:. fir a r; 9 Ci li E 1 0 0-4 0 10?? i a`'t CERTIFICATE OF SERVICE AND .NOW, this 29"' day of February, 2012, I, Shannon Freeman, of ABOM ems' KunTLAKIs, LLP, hereby certify that I did serve a true and correct copy of the foregoing Complaint by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to DIG-M-INSTALLER, INCORPORATED and LOUIE BRILL at the following: P.O. Box 15465 Baltimore, MD 21220-0465 And C/O Cowan and Kelly, P.C. 402 Middletown Blvd, Suite 206 Langhorne, PA 19047-0 And 220 Plumbridge Drive Levittown, PA 19056 And 209 Larkspur Lane Baltimore, MD 21220 And P.O. Box 15465 Middle River, MD 21220 \,ll;?L4"Lilt ?Ll l SM9nnon Freeman 17 T?OM & KU i LILAKIS Jason P. Kutulakis., Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 ROBERT G. MICHELINI LISA A. MICHELINI Plaintiffs V. DIG-M-INSTALLERS, INC. and LOUIE BRILL, Defendants r APB? -4 H Q. ? rENN 7 ' LAI JA - ",I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FILE NO.: 2012-1360 CIVIL ACTION - LAW I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the Complaint, upon the Defendant, Louie Brill, via John McCarty, of LIA Security and Investigations, LLC, who served Defendant Brill on March 29, 2012 at 2:58 p.m. at the Department of Corrections, 720 Bosley Avenue, Towson, Maryland 21204, see Certificate of Service attached hereto as Exhibit «A„ & KUTUI.A"S, LLP Date: -?- y-/A Jas n P. utulakis, Esquire A orney ( No: 80411 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Robert G. Michelini, Lisa A. Michelini Plaintiff(s) vs DIG-M-INSTALLERS, INC. and Louie Brill Defendant(s) The undersigned being duly sworn, states: I am over the age of 18 years old and not a party in the above named entitled action. MADE SERVICE OF: Notice to Plead and Complaint SERVICE ON: Louie Brill ADDRESS: Department of Corrections, 720 Bosley Ave., Towson, MD 21204 DATE SERVED: 03/29/2012 TIME SERVED: 2:58 PM (XX) PERSONAL SERVICE on Louie Brill Case No.: 2012-1360 Description of person process was left with: Sex: Male - Skin: Caucasian - Hair: Brown - Age: 25-30 - Height: 5'9"-6'0" - Weight: 161-200 Ibs Other: I declare under penalty of perjury that the return is true and correct. Date March 30, 2012 n McCarty IA Security and Investigations LLC PO Box 22136, Alexandria, VA 22304 800-267-8127 SUBSCRIBED AND PWORN To before me a notary public, 03/30/2012 In the City of Alex ria. !7'TD-gb--'N j--Mr ARTY NOTARY PUBLIC REGI.`,TRATION # 7240121 COMMONWEALTH OF vIRGINIA My COMMISSION EXPIRES NOVEMBER 30, 2013 CERTIFICATE OF SERVICE EXHIBIT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor W V1;",/ 4111? 19 ?A' R 12 1" "1 8: 2 Robert G. Michelini, D.O. Case Number vs. Cowan & Kelly, PC 2012-1360 SHERIFF'S RETURN OF SERVICE 03/01/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Cowan & Kelly, PC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Bucks County, Pennsylvania to serve the within Complaint and Notice according to law. 03/22/2012 10:41 AM - Bucks County Return: And now March 22, 2012 at 1041 hours I, Edward J. Donnelly, Sheriff of Bucks County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cowan & Kelly, PC by making known unto Nancy Klemmer, adult in charge for Cowan & Kelly, PC at 402 Middletown Boulevard, Suite 206, Langhorne, Pennsylvania 19047 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.45 April 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF BUCKS COUNTY OC SHERIFF'S RETURN I of I Bucks County Case # 201230631 Invoice to be mailed to County Sheriffs Office Attn: Filed 2 /29/2012 in CUMBERLAND COUNTY Bucks Case # 201230631 Recd 3/16/2012 Special Instructions Action Civil Action COMPLAINT Plaintiff ROBERT G MICHELINI DO - VS - JASON P KUTULAKIS ESQ Special Instructions _° ? t i RE' SIFT RECEIPT # 201 - ;e -•, R-AN13ACT ON 201.2 30631 JIS L4 i. 15:14 F-07/!M?01? PC KOKES 58-00 TOTAL PAID E18- 00 TS { AI ?_f-I.? wVi s tl 3 Notes I HANGE 0.00 t?.' 3'' - T KTL Defendant COWAN & KELLY PC 402 MIDDLETOWN BLVD STE 206 LANGHORNE, PA 19047 Address Served if Different I 0 l1 ? ?_ Served under Pa. R.C.P. #402 (A) (i) Defendant personally served (A) (2) (i) Family Member (A) (2) (i) Adult in Charge of Residence (A) (2) 00 Manager/Clerk at Deft's Lodging __ ? ,(A) (2) i i i Person in Charge of Business By Handling to -- q 111 f \ I? By Posting Net$er?ed 30 Days Ran Out Defendant Not Home Defendant Moved Address Vacant Defendant Unknown Deputy needs better address Checked Post Office No Forwarding Forwarding Address wl /Boro By Deputy Witness At _L6 ?! j o'clock PM) on The above documen as ser /netsCrved on the defendant as per information listed above in out of Buck 'ommonwealth of Pennsylvania. /1So answers: ' Shkriffol'Buckcflonty Affirmed an ?Subscribed befo ' me k this day /cj 0 P. Prothontary (P '° Affirmed and subscribed before me on this day Notary Public My Com. Exp. 03/16/2012 1146 1001 /03 ?b 1/la ABOM c57 - &UTLILAKIS Jason P. Kutulakis., Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 ROBERT G. MICHELINI LISA A. MICHELINI Plaintiffs V. DIG-M-INSTALLERS, INC. and LOUIE BRILL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FILE NO.: 2012-1360 CIVIL ACTION - LAW I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the Complaint, upon the Defendant, Dig-M Installers, Inc., by depositing, or causing to be deposited, same in the U.S. mail, certified mail, postage prepaid, on Dig-M Installers, Inc., at Baltimore, Maryland, addressed as follows: Dig-M Installers, Inc. 209 Larkspur Lane Baltimore, MD 21220 Return card acknowledging receipt on March 2, 2012, is attached as Exhibit "A". Date: FILED.OMriv THE PR0THGrN0;ttrc\ 2012 APR 17 PM 3:40 c }tea pca"ry NSYLVANIA oM & KUTULA"s, LLP -04- - Jas b P. Kutulakis, Esquire Attorney I.D. No: 80411 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiffs ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: -rk I ?Sfa dim I,K'al 6-0a' //? ? Agent 11 ? Addressee fl. eived by (Printed Nam C. Date of Delivery oN r -a a' r D. Is delivery address different from item 1? ? Yes w If YES, enter delivery address below: lo 3. Service Type W Certified Mail ? Express Mail ? Registered 5( Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7009 2820 0002 2103 8523 (Transfer from service labeq PS Form 3811, February 2004 Domestic Return Receipt 102596-02#1"0 ; a EXHIBIT `A " ROBERT G. MICHELINI and LISA A. MICHELINI, Plaintiffs V. DIG-M-INSTALLERS, INC. and LOUIE BRILL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-1360 CIVIL TERM CIVIL ACTION-LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Dig-M-Installers, Inc., in the above captioned matter. Respectfully submitted, BARIC SCHERER LLC ricia D. N lor, Esqui3) I.D.# 83760 - 19 West South Street Carlisle, PA 17013 (717) 249-6873 C-) c a (nr ?rn MC) co t. - . +.' Attorney for Defendants CERTIFICATE OF SERVICE I hereby certify that on April 26, 2012, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve the Praecipe for Entry of Appearance, by first class U.S. mail, postage prepaid, as follows: Jason P. Kutulakis, Esquire Abom & Kutulakis, LLP 2 West High Street Carlisle, Pennsylvania 17013 ROBERT G. MICHELINI and LISA A.MICHELINI Plaintiffs V. DIG-M-INSTALLERS, INC. and LOUIE BRILL Defendants To: Jason P. Kutulakis, Esquire Abom & Kutulakis, LLP 2 West High Street Carlisle, Pennsylvania 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-1360 CIVIL ACTION-LAW CIVIL TERM NOTICE TO PLEAD c o ,a -az -a X) C CO - --# t --? rv YOU ARE HEREBY DIRECTED TO PLEAD TO THE ATTACHED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS OF SERVICE THEREOF, OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. f ricia D. Na or, Esqui I.D. 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ROBERT G. MICHELINI and LISA A.MICHELINI Plaintiffs V. DIG-M-INSTALLERS, INC. and LOUIE BRILL : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-1360 CIVIL TERM CIVIL ACTION-LAW Defendants PRELIMINARY OBJECTIONS OF DIG-M-INSTALLERS, INC. TO PLAINTIFFS' COMPLAINT NOW, comes Defendant, Dig-M-Installers, Inc., by and through its attorneys, BARIC SCHERER LLC, and files the within Preliminary Objections and, in support thereof, sets forth the following: I. FAILURE TO CONFORM TO LAW OR RULE OF COURT UNDER Pa.R.C.P 1028(a)(2) 1. Pa.R.C.P. 1019(f) requires a party to aver specifically items of time, place and special damage. 2. Plaintiffs in paragraphs 28, 70(f), 95 of the Complaint, allege to have ".. . incurr[ed] additional costs in access of $15,000.00." 3. Plaintiffs provide no specific calculation of damages. 4. Pa.R.C.P. 1019(a) requires "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 5. In paragraphs 58, 59, 62, 66, 67, 72, 75, 76, 77, 93 and 96 of the Complaint, Plaintiffs refer to a single "Defendant." 6. It is unclear which cause of action is alleged against which Defendant. 7. Plaintiffs failed to aver how Defendant, Dig-M-Installers, Inc. is a party to the alleged contract. 8. Pa.R.C.P. 1019(b) requires a party to aver with particularity claims of fraud. 9. Plaintiffs allege in paragraph 70(b) of their complaint that they paid defendants. 10. It is unclear which Defendant Plaintiffs allege to have paid approximately $28,000.00. 1 l . Plaintiffs, in paragraph 70(f) of the Complaint, allege to have "... incurr[ed] additional costs in access of $15,000.00." 12. Plaintiffs have failed to specifically identify what damages relate to the allegations of fraud. 13. In paragraph 70(f) of the Complaint, Plaintiffs allege that Defendants refused to complete work on the project. 14. It is unclear who specifically refused to complete the work. 15. Plaintiffs have failed to aver with particularity the elements of fraud. 16. In paragraph 71 of the Complaint, it is unclear who Plaintiffs allege to have committed an unlawful "unfair or deceptive act or practice". WHEREFORE, Defendant requests its objections be sustained and Plaintiffs' Complaint be dismissed in its entirety for failure to conform to law or rule of court. II. INSUFFICIENT SPECIFICITY UNDER Pa.R.C.P. 1028(a)(3) 17. Plaintiff incorporates by reference paragraphs one through sixteen as though set forth at length. 18. Pa.R.C.P. 1019(f) requires a party to aver specifically items of time, place and special damage. 19. Plaintiffs in paragraphs 28, 70(f), 95 of the Complaint, allege to have"... incurr[ed] additional costs in access of $15,000.00." 20. Plaintiffs provide no specific calculation of damages. 21. Pa.R.C.P. 1019(a) requires "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 22. In paragraphs 58, 59, 62, 66, 67, 72, 75, 76, 77, 93 and 96 of the Complaint, Plaintiffs refer to a single "Defendant." 23. It is unclear which cause of action is alleged against which Defendant. 24. Plaintiffs fail to aver how Defendant, Dig-M-Installers, Inc. is a party to the alleged contract. 25. Pa.R.C.P. 1019(b) requires a party to aver with particularity claims of fraud. 26. Plaintiffs allege in paragraph 70(b) of the Complaint that they paid Defendants. 27. It is unclear which Defendant, Plaintiffs allege to have paid approximately $28,000.00. 28. Plaintiffs, in paragraph 70(f) of the Complaint, allege to have "... incurr[ed] additional costs in access of $15,000.00." 29. Plaintiffs have failed to specifically identify what damages relate to the allegations of fraud. 30. In paragraph 70(f) of the Complaint, Plaintiffs allege that Defendants refused to complete work on the project. 31. It is unclear who specifically refused to complete the work. 32. Plaintiffs have failed to aver with particularity the elements of fraud. 31 In paragraph 71 of the Complaint, it is unclear who Plaintiffs allege to have committed an unlawful "unfair or deceptive act or practice". 34. Pa.R.C.P. 1019(a) requires "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 35. In paragraphs 17 through 24 of the Complaint, Plaintiffs allege making payments to Defendants. 36. It is unclear which Defendant Plaintiffs allegedly paid. 37. Pa.R.C.P. 1019(f) requires a party to aver specifically items of time, place and special damage. 38. In paragraph 64 of the Complaint, Plaintiffs allege that they "... made repeated efforts to have defendants complete the project." 39. It is unclear what efforts Plaintiffs allegedly made and when efforts were made. 40. In paragraph 79 of the Complaint, Plaintiffs allege to have made many demands on Defendants. 41. It is unclear what demands were made, to whom and when they were made. 42. In paragraph 28, 70(f), and 95 of the Complaint, Plaintiffs allege the Defendants refused to complete work on the project. 43. It is unclear which Defendant allegedly refused to complete the work and when the refusals were made. 44. In paragraph 99 of the Complaint, Plaintiffs allege that Defendants "... promised they would be at the work site." 45. It is unclear who promised to be at the work site and when the alleged promise was made. 46. In paragraph 103 of the Complaint, Plaintiffs allege that "Plaintiffs notified Defendants on several occasions that they were not in compliance with the terms of the written contract." 47. It is unclear who Plaintiffs allegedly notified and when they were notified. WHEREFORE, Defendant requests its objections be sustained and Plaintiffs' Complaint be dismissed in its entirety for insufficient specificity in a pleading. Respectfully submitted, BARIC SCHERER ---p441 Date: `T l A ricia D. Na or, I.D. 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. This verification is signed by Tricia D. Naylor, Esquire, Attorney for Defendant, Dig-M-Installers, Inc. and is based upon the statements provided by Defendant, as well as documents reviewed by the undersigned as attorney for Defendant. This verification will be substituted and ratified by a verification signed by the Defendant who is presently unavailable to sign said verification. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Dated: ?' Y CERTIFICATE OF SERVICE I hereby certify that on April aG, 2012, I, Tricia D. Naylor, Esquire of Baric Scherer LLC, did serve a copy of the Preliminary Objections Of Dig-M-Installers, Inc., by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jason P. Kutulakis, Esquire Abom & Kutulakis, LLP 2 West High Street Carlisle, Pennsylvania 17013 & KU MOM LAKIS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 ROBERT G. MICHELINI LISA A. MICHELINI Plaintiffs V. DIG-M-INSTALLERS, INC. and LOUIE BRILL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FILE NO.: 2012-1360 CIVIL ACTION - LAW Pi AINTIFFS' RESPONSE TO DEFENDANT DIG-M-INSTALLERS. INC. PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW comes the Plaintiffs, Robert G. and Lisa A. Michelin, by and through their attorney Jason P. Kutulakis, esquire, of ABOM & KUTULAKIS, L. L. P., and files this Response to Defendant Dig-M-Installers, Inc. Preliminary Objections to the Plaintiff's Complaint. Failure to Conform to Law or Rule or Court Under Pa.R.C.P. 1028(al(2) 1. Admitted as a conclusion of law. 2. Admitted as the Complaint speaks for itself. 3. Denied. In Paragraph 28 of the Complaint, Plaintiff provided the Defendants with the amount of costs exceeding $15,000 additional to what they paid the Defendants to finish the installation of the Pool and Decks that the Defendants abandoned. Furthermore, no specific calculation went into the costs other than totaling the invoices received from the substitute contractors who finished the job abandoned by the Defendants. 4. Admitted as a conclusion of law. i",3"lE I -7 7 NN2 MAY 17 P11 Ll - '? UMUERLAN? GCrt PEN SYLVAINIA 5. Admitted as the Complaint speaks for itself. 6. Neither admitted not denied. The Plaintiff cannot interpret how the Defendant reads Complaints. By way of further answer, when reading the Complaint as a whole the entire Complaint and all the causes of actions are alleged against the within Defendant. 7. Denied. The Complaint has attached exhibits referred to throughout the Complaint. By way of further answer, Paragraph 13 of the Complaint states, "Plaintiffs and Defendants entered into a written agreement on August 8, 2011. See, attached as hereto as Exhibit C." Exhibit C contains the Header of Defendant's Company and Address. The Plaintiffs cannot fathom how the Defendants would not think they were not a party to the contract. 8. Admitted as a conclusion of law. 9. Admitted as the Complaint speaks for itself. 10. Denied. The Complaint when read as a whole indicates that the Defendant Dig-M- Installers was the Corporation responsible for the Installation of the Plaintiff's pool and as such remittance of payment would have been to the Defendant's Dig-M-Installers, Inc. 11. Admitted as the Complaint speaks for itself. 12. Denied. By way of further answer, in Paragraph 72 of the Complaint, Plaintiffs' provide that "[Plaintiffs are] entitled to actual damages, treble damages and attorney fees" because of the fraudulent conduct of the Defendants. 13. Admitted as the Complaint speaks for itself. 14. Neither admitted nor denied. The Plaintiff cannot speak for the Defendants' interpretation of the Complaint. By way of further answer, both the Company and its agent who entered into the Contract refused to complete the work on the project. 15. Denied. By way of further answer, the fraudulent conduct was averred throughout Paragraphs 70 through 73 per the UTPCL which applies to this case. 16. Neither admitted nor denied. The Plaintiff cannot speak for the Defendants' interpretation of the Complaint. By way of further answer, while the Complaint in Paragraph 71 states "Plaintiff," the Complaint should read "Defendant" in Paragraph 71. Furthermore, upon reading the Complaint as a whole, that mere typographical error is of little consequence to the entire action as the Defendants are apprised of what is alleged against them. WHEREFORE, the Plaintiff respectfully requests this Honorable Court dismiss the Defendant's Preliminary objections as to failure to conform to law or rule of court and allow the instant action to proceed. Insufficient Specificity under Pa.R.C.P. 1028(1(31 17. No response necessary. 18. Admitted as a conclusion of law. 19. Admitted as the Complaint speaks for itself 20. Denied. In Paragraph 28 of the Complaint, Plaintiff provided the Defendants with the amount of costs exceeding $15,000 additional to what they paid the Defendants to finish the installation of the Pool and Decks that the Defendants abandoned. Furthermore, no specific calculation went into the costs other than totaling the invoices received from the substitute contractors who finished the job abandoned by the Defendants. 21. Admitted as a conclusion of law. 22. Admitted as the Complaint speaks for itself. 23. Neither admitted nor denied. The Plaintiff cannot interpret how the Defendant reads Complaints. By way of further answer, when reading the Complaint as a whole the entire Complaint and all the causes of actions are alleged against the within Defendant. 24. Denied. The Complaint has attached exhibits referred to throughout the Complaint. By way of further answer, Paragraph 13 of the Complaint states, "Plaintiffs and Defendants entered into a written agreement on August 8, 2011. See, attached as hereto as Exhibit C." Exhibit C contains the Header of Defendants Company and Address. The Plaintiffs cannot fathom how the Defendants would not think they were not a party to the alleged contract. 25. Admitted as a conclusion of law. 26. Admitted as the Complaint speaks for itself. 27. Denied. 'rhe Complaint when read as a whole indicates that the Defendant Dig-M- Installers was the Corporation responsible for the Installation of the Plaintiff's pool and as such remittance of payment would have been to the Defendant's Dig-M-Installers, Inc. 28. Admitted as the Complaint speaks for itself. 29. Denied. By way of further answer, in Paragraph 72 of the Complaint, Plaintiffs' provide that "[Plaintiffs are] entitled to actual damages, treble damages and attorney fees" because of the fraudulent conduct of the Defendants. 30. Admitted as the Complaint speaks for itself. 31. Neither admitted nor denied. The Plaintiff cannot speak for the Defendants' interpretation of the Complaint. By way of further answer, both the Company and its agent who entered into the Contract refused to complete the work on the project. 32. Denied. By way of further answer, the fraudulent conduct was averred throughout Paragraphs 70 through 73 per the UTPCL which applies to this case. 33. Neither admitted nor denied. The Plaintiff cannot speak for the Defendants' interpretation of the Complaint. By way of further answer, while the Complaint in Paragraph 71 states "Plaintiff," the Complaint should read "Defendant" in Paragraph 71. Furthermore, upon reading the Complaint as a whole, that mere typographical error is of little consequence to the entire action as the Defendants are apprised of what is alleged. 34. Admitted as a conclusion of law. 35. Admitted as the Complaint speaks for itself. 36. Denied. The Complaint when read as a whole indicates that the Defendant Dig-M- Installers was the Corporation responsible for the Installation of the Plaintiff's pool and as such remittance of payment would have been to the Defendant's Dig-M-Installers, Inc. 37. Admitted as a conclusion of law. 38. Admitted as the Complaint speaks for itself. 39. Admitted in part, Denied in part. By way of further answer, it is admitted that Plaintiff did not include the efforts taken in the Complaint; however, the Defendants need only know the nature of the alleged wrongdoing so that they may prepare a defense. All material facts on which the cause of action is based have been stated in a concise and summary form within the Complaint, and with sufficient specificity to all Defendants in order to prepare their case. See Pa.R.C.P. 1019(a); See also, MacLeod v. Russo, 13 D&C 5`h (2010). If defendants desire additional information, they may avail themselves of discovery procedures. See Peterman v. Geisinger Medical Center, 8 Pa. D.&C.d 432 (1978). 40. Admitted as the Complaint speaks for itself. 41. Admitted in part, Denied in part. By way of further answer, it is admitted that Plaintiff did not include the specifics of demands made to Defendants in the Complaint; however, the Defendants need only know the nature of the alleged wrongdoing so that they may prepare a defense. All material facts on which the cause of action is based have been stated in a concise and summary form within the Complaint, and with sufficient specificity to all Defendants in order to prepare their case. See Pa.R.C.P. 1019(a); See also, MacLeod v. Russo, 13 D&C 5`" (2010). If defendants desire additional information, they may avail themselves of discovery procedures. See Peterman v. Geisinger Medical Center, 8 Pa. D.&C.d 432 (1978). 42. Admitted as the Complaint speaks for itself. 43. Neither admitted nor denied. The Plaintiff cannot speak for the Defendants' interpretation of the Complaint. By way of further answer, both the Company and its agent who entered into the Contract refused to complete the work on the project. 44. Admitted as the Complaint speaks for itself. 45. Neither admitted nor denied. The Plaintiff cannot speak for the Defendants' interpretation of the Complaint. By way of further answer, both the Company and its agent who entered into the Contract would be responsible for the promise of being at the work site. 46. Admitted as the Complaint speaks for itself. 47. Neither admitted nor denied. The Plaintiff cannot speak for the Defendants' interpretation of the Complaint. By way of further answer, all material facts on which the cause of action is based have been stated in a concise and summary form within the Complaint, and with sufficient specificity to all Defendants in order to prepare their case. See Pa.R.C.P. 1019(a); See also, MacLeod v. Russo, 13 D&C 5t' (2010). If defendants desire additional information, they may avail themselves of discovery procedures. See Peterman v. Geisinger Medical Center, 8 Pa. D.&C.d 432 (1978). WHEREFORE, the Plaintiff respectfully requests this Honorable Court not only dismiss the Defendant's Preliminary Objections as to failure to conform to law or rule of court, but also dismiss the Defendant's Preliminary objections as to insufficient specificity and allow the instant action to proceed. Respectfully submitted, KUTULA"S, LLP DATE Jason P. utulakis, Esquire 2 Wes h Street Carus e, PA 17013 (717) 249-0900 Attorney for Plaintiff ID No. 80411 CERTIFICATE OF SERVICE AND NOW, this 1 day of May, 2012, I, Shannon Freeman, of A.bom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing PLAINTIFFS' RESPONSE TO DEFENDANTS PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: Tricia D. Naylor, Esquire 19 West South Street Carlisle, PA 17013 annon Freeman ABOM c$2 - &UTLILAKIS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 ROBERT G. MICHELINI LISA A. MICHELINI Plaintiffs v. DIG-M-INSTALLERS, INC. and LOUIE BRILL, Defendants L Y ? iii •. * ? ? ? 1' ? ;,? j , Y ?• _ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FILE NO.: 2012-1360 CIVIL ACTION - LAW TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, this 18`h day of May, 2012, comes Plaintiffs by and through their counsel, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, L.L.P., and hereby files the within Motion to Compel Responses to Discovery, and hereinafter avers as follows: 1. On March 21, 2012, undersigned counsel served Plaintiff's First Set of Interrogatories and Plaintiff's First Request for Production of Documents upon Defendant, Dig-M Installers, Inc. 2. Plaintiff's First Set of Interrogatories Directed to Defendant, Dig-M Installers, Inc., contained a thirty (30) day notice pursuant to the Rules of Civil Procedure. See Plaintiff s First Set of Interrogatories attached hereto as Exhibit "A". 3. Plaintiffs' First Request for Production of Documents was served upon Dig-M Installers, Inc., with the requisite notice providing that responses should be produced within thirty (30) days of service of the discovery demand. See Plaintiffs First Request for Production of Documents attached hereto as Exhibit «B„ 4. It is believed and therefore averred that Tricia D. Naylor, Esquire, Counsel for Defendant, Dig-M Installers, Inc., does not concur in the filing of this Motion. WHEREFORE, Defendants request that This Honorable Court grant Plaintiffs' Motion to Compel Discovery and order that the discovery Requests attached as Exhibits "A" and "B" to be answered within ten (10) days of the date of any order related thereto. Respectfully submitted, ABOM & KUTULmas, LLP Ja n P. Kutu-lakis, Esquire 2 )West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ID No. 80411 ?oM 6z KuTUr_r.Kls ?asoi: P. hutuialas, Esquire %ttornrc I.D. #: 80411 2 %& C't f Iigh :qtr: cr Carlisic, PA 1701? 17) 2-19-0900 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ROBERT G. MICHELINI LISA A. MICHELINI 2 David Glenn Drive Carlisle, PA 17015 Plaintiffs V. : FILE NO.: 2012-1360 DIG-M-INSTALLERS, INC. P.O. Box 15465 Middle River, Maryland 21220 and LOUIE BRILL P.O. Box 15465 Middle River, Maryland 21220 Defendants To: Defendant, Dig-M-Installers, Inc. CIVIL ACTION - LAW PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANTS Pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, No. 4005 and 4006, Plaintiffs, Robert G. Michelin and Lisa A. Michelin, (hereinafter "Plaintiffs"), hereby propounds the following written Interrogatories to be answered by Defendant, Dig-M-Installers, (hereinafter "Defendant"), separately and fully in writing under oath and furnish all such information as is EXHIBIT available to Defendant, Dig-M-Installers, in response thereto, within thirty (30) days from the date of service hereof, with Defendants furnishing any additional information which it hereafter acquires as soon as it is acquired. You are directed to produce Interrogatories requested in the attached Plaintiffs' First Set of Interrogatories Directed to Defendant to Jason P. Kutulakis, Esquire, ABOM & KUTULAKIS, L.L.P., 2 West High Street, Carlisle, PA 17013 If you fail to produce the Interrogatories required by this request, you may be subject to the sanctions authorized by Rules 234.5 and 4019(c) of the Pennsylvania Rules of Civil Procedure. DEFINITIONS 1. As used herein, the word "Defendant", "you" and "your" refers to Dig-M-Installers, Inc., your agents, representatives, attorney, prior business entities (if any) and all other persons acting or purporting to act on behalf of Defendants. ?. "Identify" as used herein with respect to persons, means state the name, last known address, phone number, employer and employment position of the person. When used with respect to businesses, corporations or entities, "identify" means state the full name, last known address of its principal place of business and phone number of such business, corporation, association, or entity. 3. When an Interrogatory requires you to "describe," to "state the basis of," or to "state all facts" on which you rely to support a particular claim, contention, or allegation, state in the answer each and every fact and identify each and every document or communication which supports, refers to, or evidences such claim, contention, or allegation. 4. All references in these Interrogatories to "document" shall include the plural and shall mean, without limitation unless otherwise indicated, the original and each copy of each and any writing, evidence of indebtedness, memorandum, letter, correspondence, telegram, note, minutes, contract, agreement, inter-office communication, bulletin, circular, procedure, pamphlet, photograph, study, notice, summary invoice, diagram, plan, drawing, diary, record or note of telephone conversation, chart, schedule, entry, print, representation, record, report and legible item or thing of written, readable, graphic, audible, or visual material, or any kind or character, whether handwritten, typed Xeroxed, photostated, printed, duplicated, reproduced, recorded, photographed, copies, microfilmed, microcarded, or transcribed by any means, including, without limitation, each interim as well as final draft and each revision which is in the possession or subject to the control of you or your present or former agents, employees or representatives, including counsel and including any related corporations. 5. Whenever in these Interrogatories there is a request to identify a document: a. state the type of document (e.g., letter, etc.); b. set forth its date; c. identify the signer of'signers and the addressee or addressees; d. set forth the title, heading or other designation, numerical or otherwise, of the document; e. identify the person (or, if widely distributed, set forth the organization or classes or 3 persons) to whom the document was sent; and f. set forth the present or last-known location of the document and of any copy thereof having notations or markings unique to such copy. 6. Whenever in these Interrogatories there is a request to identify any oral communication: a. state the type of communication (e.g., conversation, telephone call, etc.); b. state where and when such communication occurred; c. identify by full name, title and job description, all persons who participated in such communication or who observed or heard such communications at the time of their occurrence and setting forth which person effected such communication and which person received the same; d. identify all documents embodying or in any way relating to such communication, if any; and e. state the substance of any such communication. 4 INSTRUCTIONS 1. In answering these Interrogatories, you shall furnish all information available to you at the time of answering, including information in the possession of your agents, and shall supplement your answers in accordance with the Pennsylvania Rules of Civil Procedure. 2. These Interrogatories are considered to be continuing and, therefore, should be modified or supplemented as you obtain further or additional information. 3. Where exact information cannot be furnished, estimated information is to be supplied. Where an estimate is to be used, it should be identified and accompanied by an explanation as to the basis on which the estimate is made and the reason the exact information cannot be furnished. 4. If you claim, in your answer to any Interrogatory, that any requested fact, documents or other information are "privileged" and not subject to any discovery, you shall so state and, in addition, state every fact supporting your claim that such fact, document or other information is "privileged" and with respect to any document, you shall identify the document by state the date and subject matter of the document, the name of the person who prepared the document and the name of the person for whom the document was intended. 5. You must sign the attached Affidavit verifying the truthfulness of your answers and information provided. INTERROGATORIES 1. Identify all employees, including current and those no longer in your employ, of Dig-M- Installers, Inc. since 2010. Answer: 2: Identify all sub-contractors Dig-M-Installers, Inc. has used since 2010. Answer: 3. Identifi- the jobs each sub-contractor you named in Interrogatory #2 worked on since 2010. Answer: 4. Identify- the method used to assign work to each sub-contract named in Interrogatory #2. Answer: 5. Identify the date that Louie Brill was first hired by Dig-M-Installers, Inc. Answer: 10 6. Identi& the first date that Lolue Brill began as a sub-contractor for Dig-M-Installers, Inc. Answer: II Identify the number of hours that Louie Brill provided sub-contracting services for Dig-M- Installers; Inc. for the year 2010 and the year 2011. Answer: 12 S. Identify the person or persons who participated in -preparing the Answers to these Interrogatories, as well as the identity of any documents used to prepare the Answers to these Interrogatories. Answer: 13 9. Identify each expert you intend to call as a witness at the trial of this matter and for each such expert, state subject matter for which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and the sur=ary of the grounds for each opinion. (You may file as your answer to this Interrogatory the report of the expert.) Answer: 14 10. Identify each person you intend to caU^as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. Answer: 15 11. Identify all exhibits that you intend to use at the trial of this matter. Answer: Respectfully submitted, ABOM&KUTULAKIs, L.L.P DATE: f "I V%J 1,47 A j 4lyll?? ` as n . Kutulakis, Esquire unr e Court ID #80411 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff 16 CERTIFICATE OF SERVICE AND NOW, this 21" day of March, 2012, I, Shannon Freeman, of Aborn & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing PLAINTIFFS' FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANTS by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: Dig-M Installers, Inc. c/o Tucker Rooney 209 Larkspur Lane Middle River, MD 21220 Shannon Freeman 17 oV1 &? K? ULAKIS 11 17(113 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ROBERT G. MICHEL;INI LISA A. 1\IICHELINI 2 David Glenn Drive Carlisle, PA 17015 Plaintiffs v. : FILE NO.: 2012-1360 CIVIL ACTION - LAS' DIG-M-INSTALLERS, INC. P.O. Box 15465 Middle River, Maryland 21220 and LOUIE BRILL P.O. Box 15465 Middle River, Maryland 21220 Defendants To: Defendant, Dig-M-Installers, Inc. PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiffs, Robert G. Michelin and Lisa A. Michelin, by and through their attorney, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, L.L.P., hereby make the following requests for production of documents from Defendant, Dig-M-Installer, Inc.: EXHIBIT INSTRUCTIONS AND DEFINITIONS Plaintiff hereby propounds the following requests for production of documents and tangible things pursuant to Rule 4009.1 et seq. of the Pcnns?llvania Rules of Civil Procedure. The documents and tangible things requested herein must be produced at Abom & Kurulakis, L.L.P., within thirty (30) days. Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered request as a whole. If you have any objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. You must file and serve a written response to these requests within thirty (30) days of service of these requests upon you, regardless of the time set for production of the documents and things requested herein. You are reminded that any objections not raised within the thirty (30) day period provided for by Pa.R.C.P. 4009.12 will be deemed to have been waived by you. These requests are not only for documents and tangible things that are owned by you, but also for documents and tangible things that are in your possession, custody, or control. This means that you must produce all documents and tangible things that are responsive to a particular request and that are in your possession (regardless of whether they are your property), or over which you have control even if they are not in your possession. It also means you must produce documents and tangible things that are in the possession, custody, or control of your agents, employees, and/or attorneys. Before responding to these requests you are required to make a diligent search of your files and records to ascertain whether you have documents that would be responsive to a given request. Your agents, employees, and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the follo«ing rerms have the following meanings in these requests, unless a particular request clearly indicates otherwise: "You" or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally cognizable entity. It is contemplated that any corporation or other business entity acts only through its agents, officers, employees, and attorneys, and requests that apply to any such legal entity should be construed accordingly. "Plaintiff' means the plaintiff or plaintiffs named in this action. "Defendant" means the particular defendant or defendants in this action to whom this request is addressed, as set forth above. "Document," "record," "file," and "report" all refer to and contemplate all written, recorded, or graphic information, whether preserved in writing, on magnetic tape, by electronic means, in photographic form, on microfilm or microfiche, computer disc, or by any other means of information retrieval or storage. "Identify" when used in reference to an individual means: (i) To state his/her full name. (ii) Present residence or last known residence. J REQUESTS FOR PRODUCTION OF DOCUMENTS 1. Any and all documents identified in Plaintiff's First Set of Interrogatories to Defendant. 2. All 1099 Tax Forms and W-2 Tax Forms sent to employees of Dig-M- Installers, Inc. since 2010. 3. Any and all employee manuals or handbooks. 4. Any and all documents provided to sub-contractors that explain the relationship between Dig-M-Installers, Inc. and the sub-contractor. 5. Any and all documents provided to sub-contractors that direct the sub-contractor how to conduct themselves on any job contracted to them by Dig-M-Installers, Inc. 6. Any and all documents that describe or provide how sub-contractors may access Dig-M- Installers, Inc. company files. 7. Any and all documents that provide who may secure contracts for Dig-M-Installers, Inc. 8. Any and all employment documentation relating to Louis Brill. Respectfully submitted, & KUTULAh75, LLP DAM a4on Kutulakis, 4torne ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attonig for Plaintiff 4 CERTIFICATE, OF SERVICE AND IN OW, this 21" day of March, 2012, I, Shannon Freeman, of Abom & Kutulakis, LLP, hereby- certify that I did serge a true and correct copy of the foregoing PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by depositing, or causing to be deposited, same in the United Stages Mail, first-class mail, postage prepaid addressed to the following: Dig-M Installers, Inc. c/o Tucker Rooney 209 Larkspur Lane Middle River, MD 21220 r Shannon Freeman' 6 AND NOW, this 18" day of May, 2012, I, Shannon Freeman, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing PLAINTIFFS' MOTION TO COMPEL RESPONSES TO DISCOVERY by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: Tricia D. Naylor, Esquire 19 West South Street Carlisle, PA 17013 1 annon Freeman a` ROBERT G. MICHELINI : IN THE COURT OF COMMON PLEAS LISA A. MICHELINI : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : FILE NO.: 2012-1360 DIG-M-INSTALLERS, INC. : CIVIL ACTION - LAW and LOUIE BRILL, Defendants T? M AND NOW, this day of ? ` 0.y , 2012, upon consideration of Plaintiff's Motion to Compel Responses to Discovery, it is hereby ORDERED and DECREED that Defendant, Dig-M Installers, Inc., shall produce the requested s documentation within ten/A days of the date of this Order. '10 h+t'? BY THE COURT, J. Distribution: ? Jason P. Kutulakis, Esquire, Counsel for Plaintiffs Tricia D. Naylor, Esquire, Counsel for Defendant, Dig -M Installers, Inc. r `reS ma, led .5X;? y1,2 i it Cf yp?- '? F ROBERT G. MICHELINI and IN THE COURT OF COMMON PLEAS OF LISA A. MICHELINI, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. DIG-M-INSTALLERS, INC. and LOUIE BRILL, -- Defendants NO. 12-1360 CIVIL IN RE: MOTION FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 19th day of June, 2012, upon consideration of the Motion for Protective Order and the averment in paragraph 8 of the Motion which indicates that Counsel are attempting to reach amicable agreement regarding the Plaintiffs' discovery request; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon the Plaintiffs to show cause why the relief requested by the Defendants should not be granted; 2. Plaintiffs shall file an Answer to the Motion on or before July 27, 2012, unless amicable resolution of the discovery request can be completed; 3. If resolution of this matter is not reached by July 27, 2012, argument on the Motion shall be held on Wednesday, August 15, 2012, at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ?Jason Kutulakis, Esquire Attorney for Plaintiffs ? Tricia Naylor, Esquire Attorney for Defendants bas ? 4z u 1 e ar i CS i1'4 . / P'O? ggL ROBERT G. MICHELINI and LISA A. MICHELINI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DIG-M-INSTALLERS, INC. and LOUIE BRILL, Defendants NO. 12-1360 CIVIL IN RE: MOTION FOR PROTECTIVE ORDER AMENDED ORDER OF COURT AND NOW, this 20th day of June, 2012, the Order of Court dated June 19, 2012, is amended to provide that argument on the matter will be held on Tuesday, August 28, 2012, at 8:30 a.m. instead of August 15, 2012. The remainder of the Order will be in full force and effect. ? Jason Kutulakis, Esquire Attorney for Plaintiffs f Tricia Naylor, Esquire Attorney for Defendants bas 00pres IMajed le /,U"/j-)- Ael? M. L. Ebert, Jr., C-) t N C By the Court, ROBERT G. MICHELINI and IN THE COURT OF COMMON PLEAS OF LISA A. MICHELINI, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 2012-1360 CIVIL TERM DIG-M-INSTALLERS, INC. CIVIL ACTION-LAW and LOUIE BRILL, Defendants ORDER OF COURT AND NOW, this „~+.~1~h day of August, 2012, the argument scheduled in this matter o the Motion For Protective Order filed by Defendant, Dig-M-Installers, Inc. for Tuesday, Augus 28, 2012 is hereby continued generally, either party may readdress this matter in the future if needed. Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 t/ Jason Kutulakis, Esquire Abom and Kutulakis 2 West High Street Carlisle, Pennsylvania 17013 ~~es ~. l~~ ~~~~~ ~~ By the Court, M. L. Ebert, Jr., J. s. : w m ~ r ~~ ~ ca ss = _ ~~ ~ ~ ROBERT G. MICHELINI and LISA A.MICHELINI Plaintiffs v. DIG-M-INSTALLERS, INC. and LOUIE BRILL Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2012-1360 CIVIL ACTION-LAW CIVIL TERM ~ ~ ~ ; ~~ ~ N "f ~ z~ ~c ~~ cn r- --c? w c~ , ~~ Q ~ ~ ~ ~ ~ ~ ~ ~~ ~ '~y =~ .~- . N _.,~ PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the Motion for Protective Order filed in this matter on June 11, 2012. Date: November 13, 2012 Respectfully submitted, BARK SCHERER LLC Tri is D. Naylor, E quire I.D. #83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I, Tucker P. Rooney, verify that the statements made in the foregoing Motion for Protective Order are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, Tricia D. Naylor, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. /" r f",.- ~l ~.~~/rte. ~--~ ~,_~ Date: ' Tucker P. Ro ney Dig-M-Intallers, CERTIFICATE OF SERVICE I hereby certify that on November ~, 2012, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of Praecipe To Attach Substitute Verification, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jason P. Kutulakis, Esquire Louie Brill Abom & Kutulakis, LLP 7600 Poplar Avenue 2 West High Street Baltimore, MD 21224 Carlisle, Pennsylvania 17013 Tricia .Naylor, Esqui ROBERT G. MICHELINI and LISA A.MICHELINI Plaintiffs v. DIG-M-INSTALLERS, INC. and LOUIE BRILL : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2012-1360 CIVIL ACTION-LAW Defendants CIVIL TERM t~ ~ ~ -'f ~ rn~ ~ -~ - ~~ ..~ vrn ~ r- ~a ~ ~T> r~ c"3 po .~! U ~~ ~ ~~ ~ .-y'.fT1 ~`! ' v ~l~ PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the Preliminary Objections Of Dig- M-Installers, Inc. To Plaintiffs' Complaint filed in this matter on Apri126, 2012. Respectfully submitted, Date: November 13, 2012 BARIC SCHERER LLC Tric D. Naylor squire I.D. #83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on November, 2012, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of Praecipe To Attach Substitute Verification, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jason P. Kutulakis, Esquire Louie Brill Abom & Kutulakis, LLP 7600 Poplar Avenue 2 West High Street Baltimore, MD 21224 Carlisle, Pennsylvania 17013 ROBERT G. MICHELINI and LISA A. MICHELINI, Plaintiffs v. DIG-M-INSTALLERS, INC. and LOUIE BRILL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2012-1360 CIVIL TERM CIVIL ACTION-LAW ~_ /~ I G h) v ~.1 ~~ rn us `~ ~-~! ~ -n ;~-t : r rn Z . r . ~ ~ ~~. -~ _ rT, :~~ ~~ w ~o ,c_ --~ :~ r; -n ~-; - ~-; ~;,- -- a .~. -~ ;v PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: The parties have agreed to discontinue this matter against Dig-M-Installers, Inc. with prejudice and for Louie Brill to be the sole defendant in this matter. Attached hereto are Consents of all parties to this matter. Please discontinue the above captioned matter against Dig-M-Installers, Inc. with prejudice. Respectfully submitted, BARK SCHERER LLC ricia D. Nayl Esqui I.D.# 83760 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Dig-M-Installers, Inc. CONSENT The undersigned acknowledges, pursuant to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, that he is an adult and President of Dig-M- Installers, Inc.; that the statements made in the Praecipe To Discontinue filed by Tricia D. Naylor, Esquire, attorney for Dig-M-Installers, Inc. are true and correct to the best of his knowledge, information and belief; that Dig-M-Installers, Inc. concurs and consents to the discontinuance of the above captioned matter against Dig-M-Installers, Inc. with prejudice and not against Louie Brill. WITNESS: DIG-M-INSTALLERS, INC. DATE By: Tuckey P. Rooney, resident CQNSENT The undersigned acknowledge, pursuant to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, that he is an adult; that the statements made in the Praecipe To Discontinue filed by Tricia D. Naylor, Esquire, attorney for Dig-M-Installers, Inc. are true and correct to the best of his knowledge, information and belief; that he concurs and consents to the discontinuance of the above captioned matter against Dig-M-Installers, Inc. with prejudice and not against himself. WITNESS: 3 n uie Bnll CONSENT The undersigned acknowledge, pursuant to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, that they are adults; that the statements made in the Praecipe To Discontinue filed by Tricia D. Naylor, Esquire, attorney for Dig-M-Installers, Inc. are true and correct to the best of their knowledge, information and belief; that they concur and consent to the discontinuance of the above captioned matter against Dig-M-Installers, Inc. with prejudice and not against Louie Bri11. WITNESS: L11__L1( ~ DATE ~~ ~ ~~ i DA E / `G/ t,~~ ~/IIL~.h.G~lr~...t Robert G. Michelini isa chelini CERTIFICATE OF SERVICE I hereby certify that on November ~, 2012, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, as follows: Jason P. Kutulakis, Esquire Louie Brill Abom & Kutulakis, LLP 7600 Poplar Avenue 2 West High Street Baltimore, MD 21224 Carlisle, Pennsylvania 17013