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HomeMy WebLinkAbout13-2256 Supreme Court of Pennsylvania For Prothonotary Use Only. Court of Common Pleas Civil Cover Sheet CUMBERLAND County 1 5 J(p The information collected on this form is used solely for court administration purposes. This form does not supplement or replace theffling and service ofpleadings and other papers required by law or rules o the court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S E Lead Plaintiffs Name: Lead Defendant's Name: C TARANTIN INDUSTRIES, INC. TIM HAKE d/b /a TIM HAKE MECHANICALS T I O Any money damages requested ?: IN Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No Name of Plaintiff/Appellant's Attorney: Derek C. Blasker, Esquire ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place and "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Possession ❑ Debt Collection: Credit Card ❑ Board of Assessment S ❑ Nuisance ® Debt Collection: Other ❑ Board of Elections E ❑ Premises Liability breach of contract ❑ Depart. of Transportation C ❑ Product Liability (does not ❑ Zoning Board T include mass tort) ❑ Employment Dispute: ❑ Statutory Appeal: Other I ❑ Slander/Libel/Defamation Discrimination O ❑ Other: ❑ Employment Dispute: Other N ❑ Zoning Board B ❑ Other: ❑ Other: MASS TORT • Asbestos • Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: REAL PROPERTY MISCELLANEOUS ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Non - Domestic Relations ❑ Landlord/Tenant Dispute Restraining Order ❑ Mortgage Foreclosure: Residential ❑ Quo Warranto PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Legal ❑ Other: ❑ Other: ❑ Medical 11 Other Professional: T-!LED -C FICA. ThE PROI-fiON'OTAR'' 2013 APR 25 AM (Q 32 CUMBERLAND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696 -2120 Attorney for Plaintiff TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS 86 Vanderveer Road Freehold, NJ 07728 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TIM HAKE ME d/b/a ME TIM HAKE CHANICALS NO. 76 Beard Road Mechanicsburg PA 17050 -1644 Defendant CIVIL ACTION - LAW Complaint - Notice You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (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 claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. LAWYER REFERENCE AND INFORMATION SERVICE n Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 �� V Telephone No. 717- 249 -3166 or 800 - 990 -9108 �� ^ 168215/304 C ?? Burton Neil & Associates, P.C. Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610 - 696 -2120 Attorney for: Plaintiff TARANTIN INDUSTRIES, INC. IN THE COURT OF COMMON PLEAS 86 Vanderveer Road Freehold, NJ 07728 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. TIM HAKE d/b /a TIM HAKE MECHANICALS 76 Beard Road Mechanicsburg, PA Defendant : CIVIL ACTION - LAW Complaint 1. The plaintiff is Tarantin Industries, Inc. with place of business located at 86 Vanderveer Road, Freehold, New Jersey. 2. The defendant is Tim Hake d/b /a Tim Hake Mechanicals with place of business located at 76 Beard Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. On or about May 7, 2009, at the instance and request of defendant, plaintiff accepted defendant's Credit Application, a true and correct copy of which is attached hereto, made a part hereof, and is marked Exhibit A. 5. Upon acceptance of the Exhibit A Application, plaintiff sold and delivered goods and merchandise to defendant at the times, of the kinds, in the quantities, for the prices and pursuant to the terms set forth in plaintiff's invoices to defendant, copies of which are attached hereto, made a part hereof and marked Exhibit B. 6. The goods and merchandise which plaintiff sold to the defendant were of a good and merchantable quality and were those goods which the defendant had ordered from plaintiff. The defendant received and accepted all of the goods and merchandise sold to it by the plaintiff. 7. The prices plaintiff charged defendant were fair and reasonable and were the prices defendant had agreed to pay plaintiff. 8. From time to time, plaintiff sent to defendant statements reflecting a balance due plaintiff in the sum of $28,910.25, which statements defendant received without protest. 9. On or about January 20, 2012, defendant made a payment in the amount of $6,851.33, which was credited to its account and brought defendant's balance to $22,058.92. 10. Pursuant to the terms and conditions of the Exhibit B invoices, plaintiff is entitled to recover attorney's fees in the sum of $5,179.55. 11. Pursuant to the terms and conditions of the Exhibit A Application, plaintiff is entitled to interest at 1.5% per month (18% per annum) from 30 days after invoice date. Wherefore, plaintiff demands judgment against defendant in the sum of $22,058.92, including attorneys fees in the amount of $5,179.55, together with interest at 1.5% per month (18% per annum) from 30 days after invoice date and the c sts of this action. Burto & Associates, P.C. By: D Blasker, Esquire Attorney Plaintiff CREDIT AFPLxCATj s�sao7 Return Form via Fax to: �.Mtf J333f1JY ataJ�r J / ► Ilc Jeff Zip_ �'`� �r" Name of Firm !a a 3 s t -•J-`r Stage' � Address: . Cityl C h0 l q .� Manager �� phone 13ranch Locations Years We Have Beer Established Fo . C Type & Nature of Business: The Nau3e Address of Principal fl�ners of Stockholders � Qcers , re: G d 3S D & Bradstreet ID Number: We Bank At' i P�gt. Name: S.wa7tl` Address (CIS /71): Contact: �� 7S� iyov Fax: Phone: 7 t) b Account NuMber: ui Eq uipment Company. purpose of Inquiry: To open An Account With Tarantin Tank & Eq P Net 30 nay Terms w ktb A Credit Line of $ .S"c�d `' Pkaso us this ac authorization to release banking R informatioa to Tarantin Tank & EgviPaae P ittle: ' Daft - - °-�-- Signed $y�, incipal Sources of Supply Listed Below: � Yau 1►4ay R efer To flux Pr phone Name � .Qts —7 31 .� « •7ilC -t •'Y - �r• Yt t� -. i tnent Company to collect overdue balances, Remarks: for Tarantin Tank & Equip fees' Should it become necessary onsible far ail collection costs and reasonable attor�aeF t h e &ppticant is re5p We 1t ort tO the Title: Signed B y: Date REMIT TO: 86 Yandervetr &ad Freehold, NJ 07718 r .rPlrnhone.',66.x.1.- R71 Li s ra t Fax. 732- �6r��P�'D� Page 1 of 2 - EXHIBIT V 4 + • r INVOICE Tara " tom 11MUSMESINC. r — I ! 5000172001 Tarantin Industries, Inc. Invoice Date Page 86 Vanderveer Road 3/17/2010 101 Freehold. NJ 07728 ORDER NUMBER (732) 780 -9340 1.13500017 Bill To: Ship To: 'f1M F Ml"'C[-IANICALS (ZTIMOI) TIM HAKE MECHANICALS 76 BEARD RD TIM 1-1 717-766-8097 MFCI-IANICSBURG. PA 17050 Customer ID: 113857 PO Number Term Description rVel Due Date Disc Dire Date Discount Amount MTER -TIM MT #824249.1 NET 30 DAYS I l /1/2010 3/1712010 0.00 Order Date Pick Ticket ft Any questions please contact AR. Taker 3/1 /2010 (732) 780 -9340 Quantities Pricing Item ID U05f Unit Euended Ordered .Shipper) Remaining U0.4t L Item Descripfiore Price Price Unit Site O Unit size 27.00 27.00 0.00 F.A 6762 -81IP EA 350.0000 9._450.00 1.0 MANC 420 #ASMF CYI: W l•1 1.0 W /BLACK HDPE I -IDS 16.00 16.00 0.00 L•A 6765.51-IP EA 273.0000 4368.00 1.0 MANC200 #ASMiIiCYI. WI-i LO BLACK HIVE LIDS 20.00 20.00 0.00 EA 68143 EA 178.0000 3.560.00 i LO MANC 100 #AS,MECYI: W11 1.0 I MINI181NDIA 36.691NOAL SIN; - !'ofal Lines. 3 SU B- TOTAL: 17.378.00 TAX: 0.00 AMOUNT DUE: 17,378.00 i 1 No returns permited without priorauthori»tion. RMA# must be obtained belbre returning items for credit. All return goods subject to a I SOA restocking charge. A finance charge of 1 112% * * * REPRINT * * * per month(18% pci annum) will be assessed to all overdue accounts R are subject to all collection cost R reasonable attorney fees. p�{'`�YA� RR 12.5.113. 11 /ly!?olU �H I M I.T Taran�, � INVOICE G INDUS77?lfSclNG � - 3071041001 Tarantin Industries, Inc. Invoice Date Page 86 Vandervecr Road 3/5/2010 1 of 2 Freehold. NJ 07 ORDER NUMBER (732) 780 -9340 113071041 Bill To: Ship To: TIM HAKE MECHANICALS (TIMI-101) TIM HAKE MECHAN1CALS 76 BEARD RD MECHANICSBURG, PA 17050 Customer ID: 111449 PO Number Term Description Net Due Date Disc Due Date Discount Amount REGO UB NET 30 DAYS 9/1/2010 3/5/2010 0.00 Order Date Pick Ticket No Any questions please contact AR. Taker 3/1/2010 (732) 780 -9340 Quantiliec Pricing Item ID UOh1 Unit Ft7 Prfc Onlered Shipped Remaining Y0011 ItemDescriplion Price Price Unit Size Unit Size 20.00 20.00 0.00 EA LV3403TR EA 21.2700 425.40 1.0 REGULATOR ISTSTAGE 1 /4X1/2 1.0 10 PSI 1.5M1L 13TU 10.00 10.00 0.00 EA LV4403TR9 EA 30.3100 303.10 1.0 IZF.GULA'TOR 1ST. STAGE. 10 PSI 1.0 P0LXI /2 2.5 MIL BTU 10 PSI OUTLET PRESSURE' 10.00 10.00 0.00 EA LV4403114 EA 28.4000 284.00 1.0 REGULATOR 2ND. STAGE: 1.0 1 /21NXI /21N 935KB'TU 3.00. 3.06 0.001 1- V4403Y4 EA 30.6500 91.95 1.0 REGULATOR 2ND. STAGE 2PS1 1.0 1 /2X1/2 1.0 Mill, BTU REGO ITEM LV4403Y4 24.00 24.00 0.00I:A 912FS20 EA 2.4700 59.28 1.0 PIGTAIL 201N POL X 1 /41NINVFL 1.0 I W /7 /81NI-11?X 100.00 100.00 0.00 912JS 12 EA 2.6600 266.00 1.0 PIGTAIL 12IN POI, X 1 /41NMPT 1.0 W/ 7/81NI IEX 24.00 24.00 0.00 EA 912PS20 EA 2.8200 67.68 1.0 PIGTAIL 201N POL X POI. W/ 1.0 7 /81NHEX 12.00 1200 0.00 EA 912PS48 EA 7.8700 94.44 1.0 PIGTAIL 481N POL X POL W/ 1.0 No returns pennited without prior authorization. RMA# must be obtained before returning items for credit. All return goods subject to a 15% restocking charge. A finance charge or 11!2% * * * REPRINT * * * Per month(I 8 per annum) will be assessed to all overdue accounts & are subject to all collection cost & reasonable attomey fees. t ?.5.113. 11 /IJ2flltl ,�,,a "h ft� INVOICE INDUSTRIES, INC 3071041001 Tarantin Industries, Inc. Invoice Date Page 86 Vanderveer Road 3//2010 2 of 2 Freehold. NJ 07728 ORDER NUMBER (732) 780 -9340 1.13071041 Quantities Pricing Item ID UOM Unit Extended Ordered Stripped Remnlning UO.1I Item Description price Price UnitSiee O UnitSi.e 7 /81N H EX Total Lines: x SUB- TOTAL: 1,591.85 TAX : 0.00 CASH RECEIPTS: 1.502.38 AMOUNT DUE: 89.47 I a t No returns permited without priorauthoriiution. RMAtl must be obtained before retuning items for credit. All return goods subject to a 15% restocking charge. A finance charge of 1 U2% * * * REPRINT * * * per month(l8% per annum) will be assessed to all overdue accounts & are subject to all collection cost R reasonable attorney fees. 12.5.113.1 VHr2 2010 INVOICE m►NausrsrFS ;INVOICE , 3071041004 Tarantin Industries, Inc. Invoice Date Page 86 Vandmcer Road 4/19/2010 1 of I freehold. NJ 07728 ORDER NUMBER (732) 780 -9340 1.13071041 Bill To: Ship To: TIM HAKE MECHANICALS (TIMI-101) TIM HAKE MFCI•IANICALS 76 13EARD RIB MECHANICSBURG. I'A 17050 Customer ID: 1 1 1449 PO Number Term Description Net Due Date Disc Due Date Discount Amount RI F.. /13 NF..T 30 DAYS 9 /1/2010 4/19/2010 0.00 Order Date Pick Ticket No Ant' questions please contact AR. Taker 3/1/2010 (732) 780 -9340 Qurnrfitics 1 Pricing Item 1D U011f Unit Extended Ordered Shipped Remaining UnM C Item Description Price Price Unir Site Unit Size 25.00 25.00 0.00 F-A LV4041139 EA 28.4400 711.00 IA REGUI.A'I'OR SM TWIN STAGE 1.0 1 /21NI -E 450K BW 450.000 BTU Tour! Lures: 1 SUB- TOTAL: 711.00 TAX: 0.00 AMOUNT DUE. 711.00 No returns permited without prior authorimtion. RMA# must be obtained before returning items for credit. All return goods subject to a 15 restocking charge. A finance charge of 1 112 * * * RL• PRINT * * * per month(] 8 1 /4 per annum) will be assessed to all overdue accounts R. are subject to all collection cost 8 reasonable attorney fees. 12.5.113.1 1114"-/1111 INVOICE Tar H _ WDUSTRIESING 3072451001 • Tarantin Industries, Inc. Invoice Date Page 86 Vanderveer Road 4/29/2010 1 a 1 Freehold, NJ 07728 ORDER NUMBER (732) 780 -9340 1-13072451 Bill To: Ship To: TIM HAKE M1 CHANICAIS (TIMH01) TIM HAKE MECHANICALS 76 13EARD RD MECHANICSBURG. PA 17050 Customer 1 D: 1 1 1449 PO Number Term Description Net Due Date Disc Due Date Discount Amount TIM 04/28/10 13:34 NET 30 DAYS 5/29/2010 4/29/2010 0.00 Order Date Pick Ticiiet No Any questions please contact AR. Taker 4/28/2010 (732) 780 -9340 Quantities Pricing Item ID U011t Unit Extended Ordered Shipped Remaining V0111 Item Description Price Price Pi Unit SiEe Q Unit size 1.00 1.00 0.00 EA 2 SCRU13 EA 585.6000 5 85 .60 1.0 SCRUBBER 21N Fl-MALI'. INLET 1.0 AND OUTLET 1.00 1.00 0.00 EA A8017DLP 17A 93.2000 93.20 1.0 MULTIVALVI: 1 -1 /41N X 3/4119 1.0 49GIlM EXCESS FLOW W /SS8001J RELEIF 1.00 1.00 0.00 EA N260 -06 L•A 43.5400 43.54 1.0 STRAINER 3/4 STYLE B 1.0 l 40 MESH 2.00 2.00 0.00 EA 80- 104 -01 EA 20.1000 40.20 1.0 BALL VALVE APOLLO 3/41N 1.0 UL LISTED 13RON" /-E Toml Lines: 4 SUB- TOTAL: 762.54 TAX: 0.00 OUT FREIGHT : 99.50 AMOUNTDUE: 862.04 No returns permited without prior authorizalion. RMA4 must be obtained before returning items for credit. All retum goods subject to a 1 5/o restocking charge. A finance charge of 1 112% * * * REPRINT * * * Per month(] 8% per annum) will be assessed to all oN accounts are subject to all collection cost & reasonable attorney fees. 12.5.1 1 1. I lll�Rnl o INVOICE Taranitt" INDUSME$INC - 3071875001 Tarantin Industries, Inc. Invoice Date Page 86 Vandctveer Road 5 /5/2010 l of I Freehold. NJ 07728 ORDER NUMBER (732) 780 -9340 H3071875 Bill To: Ship To: TIM HAKE MI:CHANICALS (TIMI-101) TIM HAKE MECHANICALS 76 BEARD RD MECHANICSBURG. PA 17050 Customer ID: 111449 PO Number Term Description Net Due Date Disc Due Date DiscountAl mount TIM NET 30 DAYS 6/4 /2010 5/5/2010 0.00 Order Date Pick Ticket No At ?f questions please contact AR. Taker 4/6/2010 (732) 780 -9340 Quantities Pricin Item ID U0A1 Unit Emended Orderer! Shi ed UO�N � Item Description Price Price nP Remninin Unit Size p Unit Size 1.00 1.00 0.00 EA RH6 EA 1.720.6100 1.720.61 1.0 POOL l ll A'fER RAYPAK 336K BTU 1.0 MILLIVOLT. PROPANE MODEL 336MP 009202 S /N: 1.00 1.00 0.00 EA 4411F I:A 3.0300 3 -03 1.0 TEE FLARE REDUCING 5 /81NFL 1.0 X 5 /8INFL X 1/21N1 2.00 2.00 0.00 EA NS41 IA 0.9800 1-96 1.0 NUT FIr�RL' 5/81N1'1. 1.0 Toter! Lines:. 3 SUB- TOTAL 1.725.60 TAX: 0.00 AMOUNTDUE. 1,725.60 i 1 1 No returns pennited without prior authorization. RMAli must be obtained bef'orc returning items for credit. All return goods subject to a 1 >% restocking charge. A finance charge of l 112% * * * REPRINT * * * per month 18% per annum) will be assessed to all overdue accounts R are subject to all collection cost R reasonable attorney lees. l ?.S.I 13. I IIIJnaltl INVOICE T ara "t� INOUSMIES,ING 3071875002 Tarantin Industries, Inc. Invoice Date Page 86 Vanderveer Road 5 /11 /2010 I o!' l Freehold. NJ 07728 ORDER NUMBER (732) 780 -9340 113071875 Bill To: Ship To: TIM HAKE MI >CHANICALS ( "I IMH01) TIM HAKE MECHANICALS 76 BEARD RD MECHANICSBURG, PA 17050 Customer ID: 111449 . PO Number Term Description Net Due Date Disc Due Date DiscountAmount TIM NET 30 DAYS 6/10/2010 5/11/2010 0.00 Order Date Pick Ticket No Arty questions please contact AR. Taker 4/6/2010 (732) 780 -9340 Quantities Pricing /!em ID UOM Unit Evended Ordered Slap Remaining U01W /tent Description Price Price pP Unitsi - e 'O unit Ske 1.00 1.00 0.00 EA TX 160 EA 7.306.2500 7.306.25 1.0 VAPORIZER ELL'CfRIC 80 GPH 1.0 ALGAS -SDI TORRI:XX Tmal Lines: 1 SUB- TOTAL: 7.306.25 TAX: 0.00 f AMOUNT DUE: 7,306.25 No returns permhed without priorauthorrration. RMAff must be obtained before returning items for credit. All return goods subject to a 15% restocking chargr. A finance charge of 1 12% * * * REPRINT * * * per month(I 9% per annum) will be assessed to all overdue accounts R are subject to all collection cost 8c reasonable attorney fees. 1..5.113. I III 1,:1110 �.� INVOICE Taran r tNOUSTRIF$ING -.;INVOICE,'' 3069464002 Tarantin Industries, Inc. Invoice Date Page 86 Vandervecr Road 6111/2010 1 of 1 Freehold. N.I 07728 ORDER NUMBER (732) 780 -9340 1.13069464 Bill To: Ship To: TIM HAKE MECHANICALS (TIMI.I01) TIM HAKE MECHANICALS 7613EARD RD MECHANICSBURG. PA 17050 Customer ID: 111449 PO Number Term Description Net Due Date Disc Due Date DiscountAmount "rim 12/23/09 13:43 NET 30 DAYS 7/11 /2010 6/11/2010 0.00 Order Date Pick Ticket No Aup quectionc please contact AR. Taker 12/23/2009 (732) 780 -9340 O_uartities Pricing hem ID UO31 Unit Evended Ordered Stripped Remaining WIV y Item Description Price Price Unit.Size p Unit Size 1.00 1.00 0.00 EA DVS -36 -N EA 450.0000 450.00 H) TAHOE SLOPE GLAZE 361N NAT 1.0 DI IiEC'I' VENT S/N: Total lines: I SUB — TOTAL: 450.00 TAX: 0.00 AMOUNTDUE: 450.00 f s r i i No ietums permited without prior authorisation. RMAH must bi; obtained before returning items for credit. All return goads subject to a 15% restocking charge. A finance charge of 1 U2' /o * * * REPRINT * * * per month( l l;% per annum) will be assessed to all overdue accounts R are subject to all collection cost & reasonable attorney lets. 12 5.1 13. 1 Il li @IHO Tara "t ; INVOICE HWUSTRIO; INC. ANV016 3069464003 Tarantin Industries, Inc. Invoice Date Page 86 Vandervecr Road 6/11/2010 1 Of Frechold. NJ 07728 ORDER NUMBER (732) 780 -9340 1-13069464 Bill To: Ship To: TIM HAKE MECHANICALS (TIMI-101) TIM HAKE MI-CHANICALS 76 BEARD RD MECHANICSBURG. PA 1700 Customer ID: 111449 PO Number Term Description Net Due Date Disc Due Date Discount Amount TIM 12/23/09 13:43 NET 30 DAYS 7/11/2010 6/11/2010 0.00 Order Date Pick Ticket No Any questions plea.ve contact AR. Taker 12/23/2009 (732) 780 -9340 Quantitit_n Pricing ltenr ID U0111 Unit ErrendeA Ordered Shipped Remaining UOM C /tern Description Price Price Unif Size � Unit Size 1.00 1.00 0.00 EA UMC -36S -0 EA 387.8900 387.89 1.0 MANTEL CORNER F/ 361N DELUXE 1.0 OAK Total lines: I SUB- TOTAL: 387.89 TAX : 0.00 AMOUNT DUE: 387.89 No returns permiled without prior authorirntion. RNW must be obtained before returning items for credit. All return goods subject to a 15% restocking charge. A finance charge of 1 1/2% * * * REPRINT * * * per month(18% per annum) will be assessed to all overdue accounts & are subject to all collection cost K reasonable attorney fees. i ±s.n1. unanota - ! 20 12 M Nu. ill 4 ; Verification I, ff YL C M S am the 64 [title/position] for Tarantin Industries, Inc. the plaintiff. f verify that the statements of fact in the within pleading are true and coi ect to my knowledge, information and belief_ This verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to authorities. Date: 1 1 G zz (3 168215 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F �.t._ r�F Sheriff ��tt THE y-���'{��`� ��F���}{��(�� pt11k'�17 U`�'GrFFJlif}�;,,irr O F HE f ROT fV]`0 4AR� Jody S Smith , Chief Deputy MAY — ; 7 Richard W Stewart CUMBERLAND COUNTY Solicitor OFFICE F TH S1 1<RIFF €ENNSYLVANIA Tarantin Industries vs. Case Number Tim Hake d/b/a Tim Hake Mechanicals 2013-2256 SHERIFF'S RETURN OF SERVICE 04/30/2013 04:46 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Tim Hake d/b/a Tim Hake Mechanicals at 76 Beard Road, Silver Spring Township, Mechanicsburg, PA 17050. ASON KINSLER, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, May 01, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoff,Inc. TARANTIN INDUSTRIES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 13-2256 Civil Term TIM HAKE d/b/a n ; TIM HAKE MECHANICALS, CIVIL ACTION-LAW � Defendant rn -n= o-n ° =, rte, NOTICE TO PLEAD TO THE ABOVE-NAMED PLAINTIFF: You are hereby notified to file a written response to the enclosed pleading within twenty(20)days from service hereof or a judgment may be entered against you. DATE: 5-2-Z'13 1X z KE TH F. LEWIS,ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg,PA 17102 (717)234-3136 Attorney for Defendant TARANTIN INDUSTRIES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 13-2256 Civil Term TIM HAKE d/b/a TIM HAKE MECHANICALS, CIVIL ACTION-LAW Defendant ANSWER WITH NEW MATTER AND NOW, comes Defendant, Tim Hake d/b/a Tim Hake Mechanicals by and through his attorney Kenneth F.Lewis, and files this Answer to Plaintiff's Complaint, averring as follows: ANSWER 1. Admitted. 2. Admitted. 3. There is no paragraph 3 in Plaintiff's Complaint. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Plaintiff was also purchasing goods from Defendant. The two companies had been sending invoices between them. Plaintiffs exhibits do not reflect the monies which Plaintiff owed to Defendant. 9. Denied. Defendant demands proof via a full accounting to see how Plaintiff has calculated its damages and any payments made by Defendant, as well as any credits owed to Defendant. 10. Denied. Plaintiff has unilaterally decided it should be awarded over 23% of what it claims to be owed as reasonable collection costs. Plaintiff has never presented to Defendant an accurate billing statement(one which credits the money it owes Defendant,thereby showing any a accurate amount owed). 11. Exhibit"A"attached to Plaintiffs Complaint speaks for itself. Defendant denies that it owes interest as Plaintiff has outstanding,unpaid bills owed to Defendant. WHEREFORE,Defendant respectfully requests that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 12. Defendant hereby incorporates paragraphs 1 through 11 above as if fully set forth herein. AFFIItMATIVE DEFENSES 13. Plaintiffs Complaint fails to state a claim upon which relief can be granted. 14. Plaintiffs claims are barred by the doctrines of waiver, estoppel and/or laches. 15. The damages alleged by Plaintiff are inaccurate and/or unlawful and not owed by the Defendant. 16. Defendant reserves the right to assert additional affirmative defenses as discovery warrants. WHEREFORE,Defendants respectfully request that Plaintiffs Complaint be dismissed with prejudice. Respectfully submitted, DATE: KE F. LEWIS,ESQUIRE Attorney I.D. #69383 1.101 North Front Street Harrisburg,PA 17102 (71.7)234-3136 Attorney for Defendant CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document upon attorney for Plaintiff by mailing same, postage prepaid at Harrisburg,PA, on the filing date, at the following address: Derek C.Blasker,Esq. 1060 Andrew Drive, Suite 170 West Chester,PA 19380 DATES liZ=13 KE TH LEWIS,ESQUIRE VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge,information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unsworn falsification to authorities. Dated:5-� i-zo/3 ;M HAKE TH BURTON NEIL &ASSOCIATES,P.C. C E PRO THON04-TA,�y Derek Blasker, Esquire, Id. no. 202150 JOIN 10: 616 1060 Andrew Drive, Suite 170 West Chester,PA 19380 CUFMERLAND COUNTY 610-696-2120 PENNsYLVANIA Attorney for Plaintiff TARANTIN INDUSTRIES, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 13-2256 CIVIL TIM HAKE d/b/a TIM HAKE MECHANICALS Defendant CIVIL ACTION-LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes plaintiff Tarantin Industries, Inc., by and through its attorney, Derek C. Blasker,Esquire, and files the following Reply to defendant's New Matter: 12. Plaintiff incorporates herein complaint paragraphs I through 11 as though more fully set forth herein. By way of further response, the lawsuit balance reflects the current account balance. 13. Denied. It is denied that the complaint fails to state a claim upon which relief may be granted. Defendant's answer acknowledges the relationship between the parties and that a balance s due. As such,plaintiff's claim for the outstanding account balance is a claim upon which relief may be granted. 14. Denied. Denied as a conclusion of law to which no response is required. There are no facts alleged in the averment, therefore,pursuant to Pa R.C.P. 1029(d),the allegation is denied. 15. Denied. Denied as a conclusion of law to which no response is required. There are no facts alleged in the averment, therefore,pursuant to Pa R.C.P. 1029(d),the allegation is denied. 16. Denied. It is denied that defendant may reserve the right to include additional new matter that may become available during the course of discovery. Such reservation would imply a unilateral ability to amend defendant's pleading without filed consent of plaintiff's counsel or a request for leave of this Court. Such reservation is contrary to the language of Pa R.C.P. 1033, which sets forth the requirements to amend a pleading. Further, any claims or defenses required to be asserted under Pa R.C.P. 1030(a)that have not already been asserted are now considered waived. See Pa R.C.P. 1032(a). WHEREFORE,plaintiff prays that judgment be entered on its behalf and against defendant as set forth in the complaint. BURT N &ASSOCIATES, ASSOCIATES, P.C.P.i By: Dere a ker, Esquirr e Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. Verification Derek C. Blasker, Esquire, attorney for plaintiff, Tarantin Industries,makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing Reply to New Matter subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Counsel, rather than an officer or other representative of plaintiff is verifying the foregoing Reply to New Matter because plaintiff's officers and/or representatives are outside the jurisdiction of the court and the verification of none of them could be obtained within the time required to file this pleading. Plaintiffs counsel is verifying plaintiff s Re I to New Matter based upon information and belief from information in his file. Date:. \Dw�. Blasker, Esquire Burton Neil &Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff TARANTIN INDUSTRIES IN THE COURT OF COMMON PLEAS Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA TIM HAKE MECHANICALS NO. 13-2256 CIVIL Defendant : CIVIL ACTION- LAW Certificate of Service I, Derek C. Blasker, Esquire do hereby certify that I served a true and correct copy of the within Reply to New Matter on defendant's counsel, Kenneth F. Lewis, Esquire at his/her address of record via first class mail, postage prepaid je e set forth below. B &Associates, P.C. Date: 113M Bk C. Blasker, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. 168215 TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-2256 Civil Term C) �a TIM HAKE d/b/a • TIM HAKE MECHANICALS, : CIVIL ACTION-LAW rri ca rTi ° ;_`: Defendant : can f‘,..) -' PETITION TO WITHDRAW AS COUNSEL Comes now Kenneth F. Lewis, Esq. who petitions this Court under Pa.R.C.P. 1012, requesting to withdraw as defendant's counsel, and avers as follows: 1. Petitioner, Kenneth F. Lewis, Esq., currently represents the defendant in the above matter. 2. A Complaint was filed by Plaintiff on April 25, 2013. 3. Petitioner met with Defendant one time, May 17, 2013 and prepared an Answer to the Complaint that was filed on May 24, 2013. 4.. Defendant has not communicated with the undersigned in any way since the filing of the Answer,having failed to respond to any of the undersigned's e-mails or phone messages. He has not responded to discovery requests,nor has he paid any fees to the undersigned. 5. Defendant's address is 76 Beard Road, Mechanicsburg, PA 17050. WHEREFORE, Petitioner requests a Rule be issued upon Defendant and Plaintiff's counsel to show cause why he should not be permitted to withdraw as Defendant's counsel. DATE:/00 KE ETH F. WIS, ESQ. 1101 North Front Street, 1st fl. Harrisburg, Pa 17102 (717) 234-3136 Atty. I.D.No. 69383 VERIFICATION I verify the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief I understand false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904,relating to unsworn falsification to authorities. Dated: N9---/..? KE ET F. LEWIS, ESQ. CERTIFICATE OF SERVICE I certify I have served the foregoing document by mailing same by U.S. Mail,postage prepaid at Harrisburg, PA to the following: Derek C. Blasker, Esq. Tim Hake 1060 Andrew Drive, Suite 170 76 Beard Road West Chester, PA 19380 Mechanicsburg, PA 17050 DATED: /Q' Jai KE ETIF. LEWIS, ESQ. f � TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-2256 Civil Term TIM HAKE d/b/a TIM HAKE MECHANICALS, : CIVIL ACTION- LAW r� r— z,122 c ri Defendant : z _ r cn -< — o : ] 'r, z z�a 57' x_r` RULE TO SHOW CAUSE –t ¶ 4. AND NOW, this /.I day of 2013,upon consideration of the foregoing Petition, a Rule is hereby issued upon Defendant, Tim Hake d/b/a Tim Hake Mechanicals and Plaintiff, Tarantin Industries,Inc.,through its counsel, Derek C. Blasker, Esquire,to show cause why Kenneth F. Lewis, Esquire should not be permitted to withdraw as counsel for Defendant. Rule returnable 01 0 days of service. BY THE COURT: 4111111.111:1111;7 J. L�'��RIBUTION eth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 erek C. Blasker, Esq., 1060 Andrew Drive, Suite 170, West Chester, PA 19380 m Hake, 76 Beard Road, Mechanicsburg, PA 17050 Cc I n2 1L /1 i0i,3 �1 TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-2256 Civil Term - TIM HAKE d/b/a • r� TIM HAKE MECHANICALS, : CIVIL ACTION - LAW r�z ,, - --a f. Defendant ; PETITION TO WITHDRAW AS COUNSEL Comes now Kenneth F. Lewis, Esq. who petitions this Court under Pa.R.C.P. 1012, requesting to withdraw as defendant's counsel, and avers as follows: 1. Petitioner, Kenneth F. Lewis, Esq., currently represents the defendant in the above matter. 2. A Complaint was filed by Plaintiff on April 25, 2013. 3. Petitioner met with Defendant one time,May 17, 2013 and prepared an Answer to the Complaint that was filed on May 24, 2013. 4. Defendant has not communicated with the undersigned in any way since the filing of the Answer,having failed to respond to any of the undersigned's e-mails or phone messages. He has not responded to discovery requests,nor has he paid any fees to the undersigned. 5. Defendant's address is 76 Beard Road, Mechanicsburg, PA 17050. WHEREFORE, Petitioner requests a Rule be issued upon Defendant and Plaintiffs counsel to show cause why he should not be permitted to withdraw as Defendant's counsel. DATE:t Oi�$ KE 6h-id&TH F. IS, ESQ. 1101 North Front Street, 1st fl. Harrisburg, Pa 17102 (717) 234-3136 Atty. I.D.No. 69383 VERIFICATION I verify the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904,relating to unswom falsification to authorities. Dated: ,Q--2 -1. KE ET F. LEWIS, ESQ. CERTIFICATE OF SERVICE I certify I have served the foregoing document by mailing same by U.S. Mail,postage prepaid at Harrisburg, PA to the following: Derek C. Blasker, Esq. Tim Hake 1060 Andrew Drive, Suite 170 76 Beard Road West Chester, PA 19380 Mechanicsburg, PA 17050 DATED: /Q' 4 164, KE ET �� LEWIS, ESQ. TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-2256 Civil Term TIM HAKE d/b/a • (-) TIM HAKE MECHANICALS, : CIVIL ACTION-LAW , Defendant : -c L.; c3 is MOTION TO MAKE RULE ABSOLUTE AND NOW,this 26th day of November, 2013,the undersigned counsel files this Motion to Make Rule Absolute, averring as follows: 1. On October 28, 2013, undersigned counsel filed with this Honorable Court a Petition to Withdraw as Counsel. 2. On October 31, 2013,the Honorable Albert H. Masland issued a Rule upon Defendant and Plaintiffs counsel to show cause why the relief requested should not be granted. Rule was made returnable 20 days from service. 3. The Rule was distributed by the Prothonotary to all parties on November 1, 2013. 4. Plaintiffs counsel notified the Court by letter dated November 21, 2013 that they do not oppose the Motion(copy of letter attached hereto). Defendant has not responded to the Rule and the time period for responding has lapsed. WHEREFORE, Petitioner requests the Court to make its Rule Absolute and to enter an Order withdrawing undersigned counsel. Respectfully Submitted, tiob /1114 KE ETH F. ' EWIS, ESQUIRE 1111 North Front Street Harrisburg, Pa 17102 (717) 234-3136 Atty. I.D.No. 69383 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: J) Z6"/3 th KE ET F. LEWIS, ESQ. CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing document by mailing same by U.S. Mail, postage prepaid at Harrisburg, PA to the following persons as follows: Derek C. Blasker, Esq. Tim Hake 1060 Andrew Drive, Suite 170 76 Beard Road West Chester, PA 19380 Mechanicsburg, PA 17050 DATED:jJ A Ilk KENN T . LEWIS, ESQUIRE N.:v. 21. 2013 6. 19FM No. 4490 F. 1.`1 r.;L- , - &Litton Neil LAW OFFICES "]' Yale Eiwerd D. T.O'Brien B3 i TON NEIL & ASSOCIATES,P.C. � t Isle D.Weinstein , Derek C.Blssker 1060 ANDREW DRIVE,SUITE 1 70 $.4 7, Suucll WEST CII.t-STER,PDNNSYLV'ANIA 19380 Neil Sarkor 610-696-2120 Trenton A Faanor Facsimile 610-696-4111 Website;www,burt-iaw.com Refer to File 4 November 21, 2013 168215 The Honorable Albert H. Masiand Chambers Cumberland County Courthouse 1 Courthouse Square Carlisle,PA 17013 U'G': T.A.I:?.11.r•rn.y rT.rl?Y`�.'T'L?1`"•. .,. ThA..r LI.AL'F 1 ...... -rm r u.n.k�E D-iEr"'1-Lh1,71C l...e Docket No. 13-226 CIVIL Dc si J ud c Malzulcl. 1 represent the plaintiff, I'aranti i Industries,Inc.,in the above-reterenced matter, Please be advised that I do not oppose Attorney Kenneth F. Lev,,. ' Petition To Withdraw as Counsel and will not be filing a response to the Rule issued on Octobe. 1, 2013. truly yours, l`I - C. tilasker DCB/1dun 1 cc: Kenneth F. Lewis, Esquire Via Facsimile(717) 234-8288 This letter is an attempt to collect a debt,and any information obtained will be used for that purpose. This communication is from a debt collector. TARANTIN INDUSTRIES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-2256 Civil Term r r. TIM HAKE d/b/a r'' M r TIM HAKE MECHANICALS, CIVIL ACTION - LAW Defendant cz : _ v ORDER OF COURT AND NOW,this f day of� �C,�i w.�it�, 2013, upon consideration of the attached Motion to Make Rule Absolute, it is hereby ORDERED AND DECREED that Kenneth F. Lewis, Esquire is hereby withdrawn as attorney for Defendant, Tim Hake d/b/a Tim Hake Mechanicals. Defendant's address for purposes of service of any and all documents shall be 76 Beard Road, Mechanicsburg, PA 17050. BY THE COURT: 4e V J. DISTRIBUTION nneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 Die ek C. Blasker, Esq., 1060 Andrew Drive, Suite 170, West Chester, PA 19380 Hake, 76 Beard Road, Mechanicsburg, PA 17050 &1.LQCL �.n'l Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. No. 202150 West Chester, PA 19380 1060 Andrew Drive, Suite 170 r, PL'L:1/_ /-1::)7-13:'11:-'''::-71'131: ./ 77 , i , ,f-r; . , I 1 -,-1 ' 1' 7' 610-696-2120 41f. s 'L V" „),(IN T Y Attorney for Plaintiff ^/4 TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-2256 CIVIL TIM HAKE d/b/a TIM HAKE MECHANICALS Defendant : CIVIL ACTION - LAW Plaintiffs Motion to Compel Now comes plaintiff, Tarantin Industries, Inc. (hereinafter referred to as "Tarantin"), by and through its undersigned attorneys of record, Burton Neil & Associates, P.C., and moves this Honorable Court pursuant to Pa. R.C.P. 4019 to compel defendant, Tim Hake d/b/a Tim Hake Mechanical, to serve answers to Plaintiff's First Set of Interrogatories and Request for Production of Documents (hereafter "discovery"), and, in support thereof, avers as follows: 1. On or about August 30, 2013, plaintiff's counsel served defendant's counsel with discovery. A true and correct copy of the discovery is attached hereto, incorporated herein and marked Exhibit A. 2. Receiving no response to the discovery, on or about October 16, 2013, plaintiff's counsel sent defendant's counsel a letter regarding the outstanding discovery. A true and correct copy of the October 16, 2013, letter is attached hereto, incorporated herein and marked Exhibit B. 3. On or about October 24, 2013, defendant's counsel filed a Petition to Withdraw as Counsel, which Petition plaintiff did not oppose, and the Petition was granted by Order of this Court on December 4, 2013. A true and correct copy of the December 4, 2013, letter is attached hereto, incorporated herein and marked Exhibit C. 4. On or about January 31, 2014, as a courtesy to defendant, plaintiffs counsel served defendant directly, with the discovery previously served upon prior counsel. A true and correct copy of the discovery is attached hereto, incorporated herein and marked Exhibit D. 5. Receiving no response to the discovery, on or about March 6, 2014, plaintiffs counsel sent defendant a letter regarding the outstanding discovery. A true and correct copy of the March 6, 2014, letter is attached hereto, incorporated herein and marked Exhibit E. 6. To the date of this motion, defendant has not answered the discovery. 7. To the date of this motion, defendant has not attempted to meet or confer regarding the past due discovery. 8. To the date of this motion, no Judge has ruled upon any other issue in either this matter or a related matter. WHEREFORE, plaintiff moves this Court to enter an Order compelling defendant to serve full and complete answers, without objection, to plaintiff iscovery as per the proposed Order attached. BURT & ASSOCIATES, P.C. By: C. Blasker, Esquire Atto ey for Plaintiff Burton Neil Edward J. O'Brien Yale D. Weinstein Derek C. Blasker Brit J. Suttell Neil Sarker Trenton A. Farmer Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 LAW OFFICES BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLVANIA 19380 610.696 -2120 Facsimile 610 -696 -4111 Website: www.burt- law.com August 29, 2013 RE: Tarantin Industries Account with Tim Hake d/b /a Tim Hake Mechanicals Account number ending in 1 -79 Dear Mr. Lewis: Refer to File 4 168215 I herewith serve upon you Plaintiffs First Set of Interrogatories and Request for Production of Documents and Certificate of Service. Very truly yours, Derek C. Blasker DCB/khm Enclosure This letter is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. EXHIBIT giitc Burton Neil Edward J. O'Brien Yale D. Weinstein Derek C. Blasker Brit J. Suttelt Neil Sarker Trenton A. Farmer Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 LAW OFFICES BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLVANIA 19380 610- 696 -2120 Facsimile 610- 696 -4111 Website: www.burt- law.com October 16, 2013 RE: Tarantin Industries Account with Tim Hake Mechanicals Account number ending in 1 -79 Dear Mr. Lewis: Refer to File # 168215 Your client's response to the discovery served on you is past due. You are requested to contact me on receipt of this letter so we can confer regarding the issues pertaining to your client's failure to respond. Very truly yours, Derek C. Blasker This letter is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. EXHIBIT {3 Burton Neil & Associates, P.C. By: Derek C. Masker, Esquire ID. No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610- 696 -2120 Attorney for Plaintiff TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13 -2256 CIVIL TIM HAKE d/b /a TIM HAKE MECHANICALS Defendant : CIVIL ACTION - LAW Plaintiff's First Set of Interrogatories and Request for Production of Documents A. Plaintiff hereby serves these written interrogatories upon defendant who is to furnish written answers within thirty (30) days after service of these interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. The answers shall be inserted in the space provided after each of the interrogatories; please attach additional pages if more space is needed for the answers. These interrogatories are continuing and demand is hereby made to amend or supplement the answers as is required by the Pennsylvania Rules of Civil Procedure. If the answering party is a minor, a decedent's estate or an individual who is incompetent or under legal disability to provide answers, the individual providing answers shall state his or her name and the authority under which he or she is providing the answers. Full and complete answers the interrogatories must be provided and signed by the party making the answers. B. Pursuant to Pennsylvania Rules of Civil Procedure plaintiff also hereby serves this request for production of documents upon defendant who is to furnish written answers within thirty (30) days and produce at the law offices of counsel for plaintiff at the address set forth above the following documents for plaintiff's inspection and copying in accordance with the Pennsylvania Rules of Civil Procedure. It is acceptable that the answer and produced documents be copied and mailed. INSTRUCTIONS AND DEFINITIONS For the purpose of this request, the word "document" means the original, all drafts and notes thereof, and all copies of any written, printed, recorded, charted, taped, graphic or magnetic matter (including, but not limited to, video tapes, audio tapes, and computer tapes and discs), however produced, reproduced or prepared including email. This request applies to all documents in yqur possession, custody or control or in the possession, custody, or control, of persons acting or purporting to act on your behalf, including, but not limited to, your present and former agents, accountants, debt management companies and attorneys. The term "account" refers to the credit account which is the subject matter of the complaint. State your full name and set forth the full name of your organization and the date your organization was created. 2. State your present complete address. If a corporation, state the name of the corporate president and his/her complete address. 4. State the name of all persons having information necessary to answer these interrogatories. 5, State the complete name(s) and address(es) of all individuals that had business dealings with plaintiff in the transaction(s) set forth in the complaint. 6. If you assert that the claim herein is the obligation of anyone other than the defendants, state the name and present address of each other person or corporation and all facts upon which you rely in support of your position, including your relationship to such other person(s) or corporation(s). 7. State fully, completely, and at length the factual basis of each and every defense which your now assert or will assert in this action. (Use additional page if needed). 8. In answer paragraph 8, defendant states that defendant was sending invoices to plaintiff for goods plaintiff purchased from defendant. With respect the statements contained in answer paragraph 8, respond to the following with specificity and completeness: a. Identify the invoice number for each invoice that currently remains open and unpaid. b. For each invoice that remains open and unpaid, state whether defendant received a purchase order from plaintiff that requested the goods or ,services reflected in the invoice. c. For each invoice that remains open and unpaid, identify the purchase order number that corresponded with the open invoice number. d. For each invoice that remains open and unpaid, were all of the goods and services reflected therein received and accepted by plaintiff? e. For each invoice that remains open and unpaid, was defendant notified of any rejections of goods and services or defects in the goods and services delivered? f. What is the total amount defendant claims due for the alleged open and unpaid invoices? Request for Production No. 1 Produce all invoices and purchase orders that currently remain open and unpaid. 9. What is the amount defendant's records show is due and owing to plaintiff for the goods and materials plaintiff sold and delivered to the defendant? 10. What is the amount defendant's records show is due and owing to defendant for the goods and materials defendant sold and delivered to the plaintiff? 11. What is the total dollar amount defendant claims it has sold and delivered to the plaintiff? 12. What is the total dollar amount defendant has received as payments on account from plaintiff for all of the goods defendant sold and delivered to plaintiff? Request for Production No. 2 Produce a complete accounting of plaintiffs account with defendant, for all goods sold and delivered by the defendant to the plaintiff. Request for Production No. 3 Produce a complete documentation of the accounts payable records defendant has for the account made the subject matter of the instant litigation. Request for Production No. 2 Produce proof of payment for all credits which defendant claims were not posted to the account? 13. According to defendant's records, what was the date the last payment made on the account to plaintiff? 14. According to defendant's records, what was the amount of the last payment defendant made on the account to plaintiff? 15. According to defendant's records, what was the balance still due on the account after the payment identified in the response to interrogatories no. 13 and 14? 16. According to defendant's records, what are all the reasons why defendant made no further payment to plaintiff after the payment identified in the response to interrogatories no. 13 and 14? 17. What is the name, address and telephone number of every person who has knowledge of any of the facts pertaining to any dispute which exists with regard to the account? 18. Identify the name, address and telephone number of each person defendant intends to call as a witness for the trial of this case. Request for Production No. 6 Produce all documents defendant intends to introduce at trial. 19. Other than as set forth above in defendant's preceding answers, explain in detail all other reasons why defendant contends that the balance owed or portion thereof which is the subject matter of this lawsuit is not owed to plaintiff? 20. With respect to the affirmative defense of waiver raised in defendant's pleading, state with specificity and completeness: a. Describe all facts in support of the defense of waiver which demonstrate the clear, unequivocal and decisive acts by plaintiff in relinquishing its right to pursue its claim against defendant. b. By what conduct did plaintiff knowingly relinquish or abandon its legal right to recover the amount owed by defendant? c. The date defendant contends plaintiff waived its right to pursue recovery of the balance claimed in the complaint. d. The place where the alleged waiver by plaintiff occurred which defendant contends caused plaintiff to waive its right to seek recovery of the balance claimed in the lawsuit. e. The name, address and job title of every employee, agent, servant or workman of plaintiff whose conduct comprised the alleged waiver. f. The name, address, and telephone number of each person whom defendant contends witnessed the conduct that comprised the alleged waiver. g. The name, address and telephone number of any other person whom defendant contends witnessed the conduct that comprised the alleged waiver. Request for Production No. 7 Produce all documents, letters, memoranda, reports, writings or email to support the affirmative defense of waiver. 21. With respect to the alleged affirmative defense of estoppel raised in defendant's pleading, state with specificity and completeness: a. What are the facts upon which defendant relies upon to support this defense? b. Does defendant contend that a representative of plaintiff made statements or representations to defendant upon which defendant relied that caused defendant to change a position that resulted in harm or loss? i. If yes, on what date or dates was each statement or representation made to defendant or defendant's representative? ii. What was the substance of each and every alleged statement or representation made by plaintiff? iii. With respect to each statement or representation noted immediately above, identify the name, address and telephone number of the representative of plaintiff who made the statement or representation to defendant. iv. Identify the name, address and telephone number of each person who heard each statement or representation. c, Were the statements or representations which were made oral, in writing or both? If verbal, summarize the contents. Did defendant make a written record of any verbal statement or representation made by plaintiff? d. Upon which statement or representation did defendant rely? e. What actions were taken by defendant in reliance upon the statements or representations? g. What actions were not taken by defendant in reliance upon the statements or representations? Does defendant has any documents, letters, contracts, memoranda, reports, writings or email to support the affirmative defense of estoppel? h. State the name address and telephone number of each and every witness defendant anticipates calling at trial in support of this alleged affirmative defense. Request for Production No. 8 Produce all documents, letters, papers or writings of any kind that defendant contends supports the affirmative defense of estoppel. 22. With respect to the affirmative defense of laches raised in defendant's pleading, state with specificity and completeness: a. What is the period of delay involved in the defense? b. What was the date of the last payment defendant made to plaintiff? c. What is the nature of the prejudice defendant suffered as a result of the delay period described above? d. What are all reasons why defendant did not continue to make payments to plaintiff on the debt during the period of delay described above? 23. With respect to the affirmative defense that plaintiff's claim of damages is unlawful, respond to the following with specificity and completeness: a. What aspect of the claim for damages is not permitted by law? b. What law, code, and/or Rule prevents plaintiff from being able to recover the outstanding account balance? c. What actions did plaintiff take that violated the law, code, and/or Rule stated in interrogatory paragraph 23(b)? BURTON NEIL & ASSOCIATES, P.C. By: Derek C. Blasker, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. 168215 Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610- 696 -2120 Attorney for Plaintiff TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13 -2256 CIVIL TIM HAKE dba TIM HAKE MECHANICALS Defendant : CIVIL ACTION - LAW Certificate of Service I, Derek C. Blasker, Esquire, do hereby certify that I served a true and correct copy of the within Plaintiff's First Set of Interrogatories and Request for Production of Documents on defendant's counsel, Kenneth F. Lewis, Esquire, at his address of record via first class mail, postage prepaid on the date set forth below. Burton Neil & Associates, P.C. Date: By: Derek C. Blasker, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. 168215 TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13 -2256 Civil Term TIM HAKE d/b /a TIM HAKE MECHANICALS, Defendant : CIVIL ACTION - LAW ORDER OF COURT :• AND NOW ;.this . 1. . day of C.e . 2013, upon consideration of the attached Motion-to.Make Rule Absolute, it•is hereby ORDERED AND DECREED that Kenneth F. Lewis, Esquire is hereby withdrawn as attorney for Defendant, Tim Hake d/b /a Tim Hake Mechanicals. Defendant's address for purposes of service of any and all documents shall be 76 Beard Road, Mechanicsburg, PA 17050. BY THE COURT: DISTRIBUTION Kenneth F: Lewis, -Esq:, 1101 N. Front St., Hbg., PA 17102 Derek C. Blasker, Esq., 1060 Andrew Drive, Suite 170, West Chester, PA 19380 Tim Hake, 76 Beard Road, Mechanisburg, PA 17050 EXHIBITC Burton Neil Edward J. O'Brien Yale D. Weinstein Derek C. Blasker Brit J. Suttell • Neil Sarker Trenton A. Farmer LAW OFFICES BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLVANIA 19380 610-696-2120 Facsimile 610-696-4111 Website: www.burt-law.com January 30, 2014 Tim Hake d/b/a Tim Hake Mechanicals 76 Beard Road Mechanicsburg, PA 17050-1644 RE: Tarantin Industries Account with Tim Hake d/b/a Tim Hake Mechanicals Account number ending in 1-79 Dear Mr. Hake: Refer to File 168215 I herewith serve upon you Plaintiffs First Set of Interrogatories and Request for Production of Documents and Certificate of Service. Very truly yours, Derek C. Blasker DCB/Idun Enclosure This letter is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. EXHIBIT Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610 -696 -2120 Attorney for Plaintiff TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA TIM HAKE d/b /a TIM HAKE MECHANICALS : NO. 13 -2256 CIVIL Defendant : CIVIL ACTION - LAW Plaintiff's First Set of interrogatories and Request for Production of Documents A. Plaintiff hereby serves these written interrogatories upon defendant who is to furnish written answers within thirty (30) days after service of these interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. The answers shall be inserted in the space provided after each of the interrogatories; please attach additional pages if more space is needed for the answers. These interrogatories are continuing and demand is hereby made to amend or supplement the answers as is required by the Pennsylvania Rules of Civil Procedure. If the answering party is a minor, a decedent's estate or an individual who is incompetent or under legal disability to provide answers, the individual providing answers shall state his or her name and the authority under which he or she is providing the answers. Full and complete answers the interrogatories must be provided and signed by the party making the answers. B. Pursuant to Pennsylvania Rules of Civil Procedure plaintiff also hereby serves this request for production of documents upon defendant who is to furnish written answers within thirty (30) days and produce at the law offices of counsel for plaintiff at the address set forth above the following documents for plaintiff's inspection and copying in accordance with the Pennsylvania Rules of Civil Procedure. It is acceptable that the answer and produced documents be copied and mailed. INSTRUCTIONS AND DEFINITIONS For the purpose of this request, the word "document" means the original, all drafts and notes thereof; and all copies of any written, printed, recorded, charted, taped, graphic or magnetic matter (including, but not limited to, video tapes, audio tapes, and computer tapes and discs), however produced, reproduced or prepared including email. This request applies to all documents in your possession, custody or control or in, the possession, custody, or control, of persons acting or purporting to act on your behalf, including, but not limited to, your present and former agents, accountants, debt management companies and attorneys. The term "account" refers to the credit account which is the subject matter of the complaint. State your full name and set forth the full name of your organization and the date your organization was created. 2. State your present complete address. 3. If a corporation, state the name of the corporate president and his/her complete address. 4. State the name of all persons having information necessary to answer these interrogatories. 5. State the complete name(s) and address(es) of all individuals that had business dealings with plaintiff in the transaction(s) set forth in the complaint. If you assert that the claim herein is the obligation of anyone other than the defendants, state the name and present address of each other person or corporation and all facts upon which you rely in support of your position, including your relationship to such other person(s) or corporation(s). 7. State fully, completely, and at length the factual basis of each and every defense which your now assert or will assert in this action. (Use additional page if needed). In answer paragraph 8, defendant states that defendant was sending invoices to plaintiff for goods plaintiff purchased from defendant. With respect the statements contained in answer paragraph 8, respond to the following with specificity and completeness: a. Identify the invoice number for each invoice that currently remains open and unpaid. b. For each invoice that remains open and unpaid, state whether defendant received a purchase order from plaintiff that requested the goods or services reflected in the invoice. c. For each invoice that remains open and unpaid, identify the purchase order number that corresponded with the open invoice number. d. For each invoice that remains open and unpaid, were all of the goods and services reflected therein received and accepted by plaintiff? For each invoice that remains open and unpaid, was defendant notified of any rejections of goods and services or defects in the goods and services delivered? What is the total amount defendant claims due for the alleged open and unpaid invoices? Request for Production No. I Produce all invoices and purchase orders that currently remain open and unpaid. 9. What is the amount defendant's records show is duc and owing to plaintiff for the goods and materials plaintiff sold and delivered to the defendant? 10. What is the amount defendant's records show is due and owing to defendant for the goods and materials defendant sold and delivered to the plaintiff? ' 11. What is the total dollar amount defendant claims it has sold and delivered to the plaintiff? 12. What is the total dollar amount defendant has received as payments on account from plaintiff for all of the goods defendant sold and delivered to plaintiff? Request for Production No. 2 Produce a complete accounting of plaintiff's account with defendant, for all goods sold and delivered by the defendant to the plaintiff. Request for Production No. 3 Produce a complete documentation of the accounts payable records defendant has for the account made the subject matter of the instant litigation. Request for Production No. 2 Produce proof of payment for all credits which defendant claims were not posted to the account? 13. According to defendant's records, what was the date the last payment made on the account to plaintiff? 14. According to defendant's records, what was the amount of the last payment defendant made on the account to plaintiff? 15. According to defendant's records, what was the balance still due on the account after the payment identified in the response to interrogatories no. 13 and 14? 16. According to defendant's records, what are all the reasons why defendant made no further payment to plaintiff after the payment identified in the response to interrogatories no. 13 and 14? 17, What is the name, address and telephone number of every person who has knowledge of any of the facts pertaining to any dispute which exists with regard to the account? 18. Identify the name, address and telephone number of each person defendant intends to call as a witness for the trial of this case. Request for Production No. 6 Produce all documents defendant intends to introduce at trial. 19. Other than as set forth above in defendant's preceding answers, explain in detail all other reasons why defendant contends that the balance owed or portion thereof which is the subject matter of this lawsuit is not owed to plaintiff? 20. With respect to the affirmative defense of waiver raised in defendant's pleading, state with specificity and completeness: a. Describe all facts in support of the defense of waiver which demonstrate the clear, unequivocal and decisive acts by plaintiff in relinquishing its right to pursue its claim against defendant. b. By what conduct did plaintiff knowingly relinquish or abandon its legal right to recover the amount owed by defendant? c. The date defendant contends plaintiff waived its right to pursue recovery of the balance claimed in the complaint. d. The place where the alleged waiver by plaintiff occurred which defendant contends caused plaintiff to waive its right to seek recovery of the balance claimed in the lawsuit. e. The name, address and job title of every employee, agent, servant or workman of plaintiff whose conduct comprised the alleged waiver. f. The name, address, and telephone number of each person whom defendant contends witnessed the conduct that comprised the alleged waiver. g• The name, address and telephone number of any other person whom defendant contends witnessed the conduct that comprised the alleged waiver. Request for Production No. 7 Produce all documents, letters, memoranda, reports, writings or email to support the affirmative defense of waiver. 21. With respect to the alleged affirmative defense of estoppel raised in defendant's pleading, state with specificity and completeness: a. What are the facts upon which defendant relies upon to support this defense? b. Does defendant contend that a representative of plaintiff made statements or representations to defendant upon which defendant relied that caused defendant to change a position that resulted in harm or loss? if yes, on what date or dates was each statement or representation made to defendant or defendant's representative? ' ii. What was the substance of each and every alleged statement or representation made by plaintiff? iii. With respect to each statement or representation noted immediately above, identify the name, address and telephone number of the representative of plaintiff who made the statement or representation to defendant. iv. Identify the name, address and telephone number of each person who heard each statement or representation. c. Were the statements or representations which were made oral, in writing or both? If verbal, summarize the contents. Did defendant make a written record of any verbal statement or representation made by plaintiff? d. Upon which statement or representation did defendant rely? e. What actions were taken by defendant in reliance upon the statements or representations? f. What actions were not taken by defendant in reliance upon the statements or representations? g. Does defendant has any documents, letters, contracts, memoranda, reports, writings or email to support the affirmative defense of estoppel? h. State the name address and telephone number of each and every witness defendant anticipates calling at trial in support of this alleged affirmative defense. Request for Production No. 8 Produce all documents, letters, papers or writings of any kind that defendant contends supports the affirmative defense of estoppel. 22. With respect to the affirmative defense of !aches raised in defendant's pleading, state with specificity and completeness: a. What is the period of delay involved in the defense? b. What was the date of the last payment defendant made to plaintiff? What is the nature of the prejudice defendant suffered as a result of the delay period described above? d. What are all reasons why defendant did not continue to make payments to plaintiff on the debt during the period of delay described above? 23. With respect to the affirmative defense that plaintiffs claim of damages is unlawful, respond to the following with specificity and completeness: a. What aspect of the claim for damages is not permitted by law? b. What law, code, and/or Rule prevents plaintiff from being able to recover the outstanding account balance? c. What actions did plaintiff take that violated the law, code, and/or Rule stated in interrogatory paragraph 23(b)? This is an attempt to collect a debt, and This communication is from a debt collector. 168215 BURTON NEIL & ASSOCIATES, P.C. By: Derek C. Blasker, Esquire Attorney for Plaintiff any information obtained will be used for that purpose Burton Neil Edward J. O'Brien Yale D. Weinstein Derek C. Blasker Brit J. Suttell Neil Sarker Trenton A. Farmer LAW OFFICES BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLVANIA 19380 610 - 696 -2120 Facsimile 610 - 696 -4111 Website: www.burt- law.com March 6, 2014 Tim Hake 76 Beard Road Mechanicsburg, PA 17050 -1644 Refer to File # 168215 RE: TARANTIN INDUSTRIES v. TIM HAKE DBA TIM HAKE MECHANICALS Gentlemen: Your answer to the discovery requests served on you over 30 days ago was not received. The Pennsylvania Rules of Civil Procedure require a response 30 days from date of service. The same rules allow for the imposition of sanctions should a party not respond to discovery. It is our intention to file a motion for sanctions pursuant to Rule 4019. Because the rules encourage parties to resolve discovery issues without court intervention, I ask that you answer the discovery within ten days from date of this letter or to contact me to confer to determine whether issues pertaining to your failure to answer can be resolved without court intervention. If you wish to confer with me regarding your failure to answer the discovery, please contact me no later than 10 days from the date of this letter. Our toll free number is 866 -696- 2120. Very truly yours, Derek C. Blasker This letter is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. EXHIBIT E BURTON NEIL & ASSOCIATES, P.C. By: Derek C. Blasker Esquire Id. No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff TARANTIN INDUSTRIES, INC. Plaintiff V. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-2256 CIVIL TIM HAKE d/b/a TIM HAKE MECHANICALS Defendant : CIVIL ACTION - LAW Plaintiff's Brief in Support of Motion to Compel A. History of the Case Plaintiff sued defendant to recover the past due balance owed for goods and merchandise that plaintiff sold and delivered to the defendant. Defendant filed an answer with new matter to which plaintiff replied, closing the pleadings. In the course of litigation, plaintiff served defendant with Plaintiff's First Set of Request for Admission, Plaintiff's First Set of Interrogatories and Request for Production of Documents. Defendant failed to respond to the Interrogatories and the Request for Production of Documents. In an attempt to resolve this matter, plaintiff's counsel sent defendant's counsel a letter regarding the outstanding discovery and later a letter directly to the defendant. Defendant's counsel withdrew from the case and discovery was served directly upon the defendant. Plaintiff now files this motion to compel defendant's answers to the outstanding discovery. B. Issue Whether the Court should grant plaintiff's motion to compel when defendant has not responded to either the interrogatories or requests for production of documents? C. Argument Pa. R.C.P. 4019(a)(1)(I) provides, "The court may, upon motion, make an appropriate order if a party fails to serve answers . . . to written interrogatories under Rule 4005." An appropriate Order in this case would be one pursuant to Pa. R.C.P. 4019(c)(5), that is, "such order with regard to the failure to make discovery as is just." Under the circumstances, plaintiff moves the Court to enter an Order compelling defendant to fully and completely answer Plaintiff's First Set of Interrogatories and Request for Production of Documents. D. Conclusion Based on the foregoing, defendant failed to respond to Plaintiff's First Set of Interrogatories and Request for Production of Documents. As such, this Court should enter an Order compelling defendant to fully and completely answer Plaintiff's First Set of Interrogatories and Request for Production of Documents, without objection s per the proposed Order, attached. BURTON ASSOCIATES, P.C. By: D C. Blasker, Esquire Atto ey for Plaintiff Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff TARANTIN INDUSTRIES, INC. Plaintiff V. TIM HAKE d/b/a TIM HAKE MECHANICALS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-2256 CIVIL : CIVIL ACTION - LAW Certificate of Service I, Derek C. Blasker, Esquire do hereby certify that I served a true and correct copy of the within Motion to Compel, supporting Brief and proposed Order on defendant, Tim Hake d/b/a Tim Hake Mechanicals at his address of record via first class mail, postage prepaid on the date set forth below. Date: Burton Neil es, P.C. By: Derek lasker, Esquire Attorne for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. TARANTIN INDUSTRIES, INC. Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-2256 CIVIL TIM HAKE d/b/a TIM HAKE MECHANICALS Defendant : CIVIL ACTION - LAW AND NOW, this J day of Order , 2014, upon consideration of plaintiff's motion to compel, it is hereby ORDERED that defendant, Tim Hake d/b/a Tim Hake Mechanical, is directed to fully and completely answer plaintiffs first set of interrogatories and request for production of documents, without objection, within twenty (20) days of the date of this Order. BY THE COURT: C, i Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff TARANTIN INDUSTRIES, INC. Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA 61- !J'r; : IN THE COURT OF COMMON PLEAS : NO. 13-2256 CIVIL TIM HAKE d/b/a TIM HAKE MECHANICALS Defendant : CIVIL ACTION - LAW PLAINTIFF'S MOTION FOR SANCTIONS FOR DEFENDANT'S FAILURE TO COMPLY WITH COURT ORDER Now comes plaintiff, Tarantin Industries, Inc. (hereinafter referred to as "Tarantin"), by and through its undersigned attorneys of record, Burton Neil & Associates, P.C., and moves this Honorable Court pursuant to Pa. R.C.P. 4019 to enter sanctions against defendant, Tim Hake d/b/a Tim Hake Mechanical, for failure to comply with this Court's Order compelling defendant to serve answers to Plaintiff's First Set of Interrogatories and Request for Production of Documents (hereafter "discovery"), and, in support thereof, avers as follows: 1. On or about August 30, 2013, plaintiff's counsel served defendant's counsel with discovery. A true and correct copy of the discovery is attached hereto, incorporated herein and marked Exhibit A. 2. Receiving no response to the discovery, on or about October 16, 2013, plaintiff's counsel sent defendant's counsel a letter regarding the outstanding discovery. A true and correct copy of the October 16, 2013, letter is attached hereto, incorporated herein and marked Exhibit B. 3. On or about October 24, 2013, defendant's counsel filed a Petition to Withdraw as • • Counsel, which Petition plaintiff did not oppose, and the Petition was granted by Order of this Court on December 4, 2013. A true and correct copy of the December 4, 2013, letter is attached hereto, incorporated herein and marked Exhibit C. 4. On or about January 31, 2014, as a courtesy to defendant, plaintiffs counsel served defendant directly, with the discovery previously served upon prior counsel. A true and correct copy of the discovery is attached hereto, incorporated herein and marked Exhibit D. 5. Receiving no response to the discovery, on or about March 6, 2014, plaintiffs counsel sent defendant a letter regarding the outstanding discovery. A true and correct copy of the March 6, 2014, letter is attached hereto, incorporated herein and marked Exhibit E. 6. Receiving no response to the March 6, 2014 letter, plaintiff filed a Motion to Compel answers to the discovery on or about April 14, 2014, which Motion this Court Granted on May 1, 2014. A copy of this Court's May 1, 2014 Order is attached hereto, incorporated herein, and marked Exhibit F. 7. Pursuant to this Court's Order, defendant had until May 21, 2014 to serve a response to the discovery. 8. On May 29, 2014, plaintiffs counsel mailed a letter to Tim Hake advising that the response time frame had expired and requested that a response to the discovery be sent to plaintiffs counsel or requested a call to further discuss issues resulting in the delay. 9. To the date of this motion, defendant has not attempted to meet or confer regarding the past due discovery. 10. To the date of this motion, defendant has not complied with this Court's May 1, 2014 Order. 11. Based upon defendant's failure to comply with this Court's Order, preclusion of the information and documents would result in no remaining issue of material fact for trial. WHEREFORE, plaintiff moves this Court to enter an Order of Sanctions against defendant for his failure to comply with the Court's Order of May 1, 2014. BURTON r;T : f • SSOCIATES, P.C. By: De PC. L lasker, Esquire Attorney fir Plaintiff Burton Neil Edward J. O'Brien Yale D. Weinstein Derek C. Blasker Brit J. Smell Neil Sayler Trenton A. Farmer Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 LAW OFFICES BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLvAN]A 19380 610-696-2120 Facsimile 610-6964111 Website: www.burt-law.com August 29, 2013 RE: Tarantin Industries Account with Tim Hake d/b/a Tim Hake Mechanicals Account number ending in 1-79 Dear Mr. Lewis: Refer to File I✓ 168215 I herewith serve upon you Plaintiffs First Set of Interrogatories and Request for Production of Documents and Certificate of Service. Very truly yours, Derek C. Blasker DCB/khm Enclosure This letter is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. at94 EXHIBIT dk • • Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-2256 CIVIL TIM HAKE d/b/a TIM HAKE MECHANICALS Defendant : CIVIL ACTION - LAW Plaintiff's First Set of Interrogatories and Request for Production of Documents. A. Plaintiff hereby serves these written interrogatories upon defendant who is to furnish written answers within thirty (30) days after service of these interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. The answers shall be inserted in the space provided after each of the interrogatories; please attach additional pages if more space is needed for the answers. These interrogatories are continuing and demand is hereby made to amend or supplement the answers as is required by the Pennsylvania Rules of Civil Procedure. If the answering party is a minor, a decedent's estate or an individual who is incompetent or under legal disability to provide answers, the individual providing answers shall state his or her name and the authority under which he or she is providing the answers. Full and complete answers the interrogatories must be provided and signed by the party making the answers. B. Pursuant to Pennsylvania Rules of Civil Procedure plaintiff also hereby serves this request for production of documents upon defendant who is to famish written answers within thirty (30) days and produce at the law offices of counsel for plaintiff at the address set forth above the following documents forplaintiff's inspection and copying in accordance with the Pennsylvania Rules of Civil Procedure. It is acceptable that the answer and produced documents be copied and mailed. INSTRUCTIONS AND DEFINITIONS For the purpose of this request, the word "document" means the original, all drafts and notes thereof, and all copies of any written, printed, recorded, charted, taped, graphic or magnetic matter (including, but not limited to, video tapes, audio tapes, and computer tapes and discs), however produced, reproduced or prepared including email. This request applies to all documents in yciur possession, custody or control or in, the possession, custody, or control, of persons acting or purporting to act on your behalf, including, but not limited to, your present and former agents, accountants, debt management companies and attorneys. The term "account" refers to the credit account which is the subject matter of the complaint. 1. State your full name and set forth the full name of your organization and the date your organization was created. 2. State your present complete address. 3. if a corporation, state the name of the corporate president and his/her complete address. 4. State the name of all persons having information necessary to answer these interrogatories. 5. State the complete name(s) and address(es) of all individuals that had business dealings with plaintiffin the transaction(s) set forth in the complaint. 1 6. If you assert that the claim herein is the obligation of anyone other than the defendants, state the name and present address of each other person or corporation and all facts upon which you rely in support of your position, including your relationship to such other person(s) or corporation(s). 7. State fully, completely, and at length the factual basis of each and every defense which your now assert or will assert in this action. (Use additional page if needed). 8. In answer paragraph 8, defendant states that defendant was sending invoices to plaintiff for goods plaintiff purchased from defendant. With respect the statements contained in answer paragraph 8, respond to the following with specificity and completeness: a. -Identify the invoice number for each invoice that currently remains open and unpaid. b. For each invoice that remains open and unpaid, state whether defendant received a purchase order from plaintiff that requested the goods or services reflected in the invoice. c. For each invoice that remains open and unpaid, identify the purchase order number that corresponded with the open invoice number. d. For each invoice that remains open and unpaid, were all of the goods and services reflected therein received and accepted by plaintiff? e. For each invoice that remains open and unpaid, was defendant notified of any rejections of goods and services or defects in the goods and services delivered? What is the total amount defendant claims due for the alleged open and unpaid invoices? Request for Production No. 1 Produce all invoices and purchase orders that currently remain open and unpaid. 9. What is the amount defendant's records show is due and owing to plaintiff for the goods and materials plaintiff sold and delivered to the defendant? 10. What is the amount defendant's records show is due and owing to defendant for the goods and materials defendant sold and delivered to the plaintiff? 11. What is the total dollar amount defendant claims it has sold and delivered to the plaintiff? 12. What is the total dollar amount defendant has received as payments on account from plaintiff for all of the goods defendant sold and delivered to plaintiff? Request for Production No. 2 Produce a complete accounting of plaintiffs account with defendant, for all goods sold and delivered by the defendant to the plaintiff. • • Request for Production No. 3 Produce a complete documentation of the accounts payable records defendant has for the account made the subject matter of the instant litigation. Request for Production No. 2 Produce proof of payment for all credits which defendant claims were not posted to the account? 13. According to defendant's records, what was the date the last payment made on the account to plaintiff? . 14. According to defendant's records, what was the amount of the last payment defendant made on the account to plaintiff? 15. According to defendant's records, what was the balance still due on the account after the payment identified in the response to interrogatories no. 13 and 14? 16. According to defendant's records, what are all the reasons why defendant made no further payment to plaintiff after the payment identified in the response to interrogatories no. 13 and 14? • • 17. What is the name, address and telephone number of every person who has knowledge of any of the facts pertaining to any dispute which exists with regard to the account? 18. Identify the name, address and telephone number of each person defendant intends to call as a witness for the trial of this case. Request for Production No. 6 Produce all documents defendant intends to introduce at trial. 19. Other than as set forth above in defendant's preceding answers, explain in detail all other reasons why defendant contends that the balance owed or portion thereof which is the subject matter of this lawsuit is not owed to plaintiff? 20. With respect to the affirmative defense of waiver raised in defendant's pleading, state with specificity and completeness: a. Describe all facts in support of the defense of waiver which demonstrate the clear, unequivocal and decisive acts by plaintiff in relinquishing its right to pursue its claim against defendant b. By what conduct did plaintiff knowingly relinquish or abandon its legal right to recover the amount owed by defendant? c. The date defendant contends plaintiff waived its right to pursue recovery of the balance claimed in the complaint d. The place where the alleged waiver by plaintiff occurred which defendant contends caused plaintiff to waive its right to seek recovery of the balance claimed in the lawsuit. • • e. The name, address and job title of every employee, agent, servant or workman of plaintiff whose conduct comprised the alleged waiver. f. The name, address, and telephone number of each person whom defendant contends witnessed the conduct that comprised the alleged waiver. g. The name, address and telephone number of any other person whom defendant contends witnessed the conduct that comprised the alleged waiver. Request for Production No. 7 Produce all documents, letters, memoranda, reports, writings or email to support the affirmative defense of waiver. 21. With respect to the alleged affirmative defense of estoppel raised in defendant's pleading, state with specificity and completeness: a. What are the facts upon which defendant relies upon to support this defense? b. Does defendant contend that a representative of plaintiff made statements or representations to defendant upon which defendant relied that caused defendant to change a position that resulted in harm or loss? i. if yes, on what date or dates was each statement or representation made to defendant or defendant's representative'? ii. What was the substance of each and every alleged statement or representation made by plaintiff? iii. With respect to each statement or representation noted immediately above, identify the name, address and telephone number of the representative of plaintiff who made the statement or representation to defendant. iv. Identify the name, address and telephone number of each person who heard each statement or representation. c. Were the statements or representations which were made oral, in writing or both? If verbal, summarize the contents. Did defendant make a written record of any verbal statement or representation made by plaintiff? d. Upon which statement or representation did defendant rely? e. What actions were taken by defendant in reliance upon the statements or representations? g - What actions were not taken by defendant in reliance upon the statements or representations? Does defendant has any documents, letters, contracts, memoranda, reports, writings or email to support the affirmative defense of estoppel? h. State the name address and telephone number of each and every witness defendant anticipates calling at trial in support of this alleged affirmative defense. Request for Production No. 8 Produce all documents, letters, papers or writings of any kind that defendant contends supports the affirmative defense of estoppel. 22. With respect to the affirmative defense of laches raised in defendant's pleading, state with specificity and completeness: a. What is the period of delay involved in the defense? b. What was the date of the last payment defendant made to plaintiff? c. What is the nature of the prejudice defendant suffered as a result of the delay period described above? d. What are all reasons why defendant did not continue to make payments to plaintiff on the debt during the period of delay described above? 23. With respect to the affirmative defense that plaintiff's claim of damages is unlawful, respond to the following with specificity and completeness: What aspect of the claim for damages is not permitted by law? b. What law, code, and/or Rule prevents plaintiff from being able to recover the outstanding account balance? c. What actions did plaintiff take that violated the law, code, and/or Rule stated in interrogatory paragraph 23(b)? BURTON NEIL & ASSOCIATES, P.C. By: Derek C. Blasker, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. 168215 Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-2256 CIVIL TIM HAKE dba TIM HAKE MECHANICALS Defendant : CIVIL ACTION - LAW Certificate of Service I, Derek C. Blasker, Esquire, do hereby certify that I served a true and correct copy of the within Plaintiff's First Set of Interrogatories and Request for Production of Documents on defendant's counsel, Kenneth F. Lewis, Esquire, at his address ofrecord via first class mail, postage prepaid on the date set forth below. Burton Neil & Associates, P.C. Date: By: Derek C. Blasker, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. 168215 ( i Burton Neil Edward J. O'Brien Yale D. Weinstein Derek C. Blasker Brit J. Suttell Neil Sarker Trenton A. Farmer Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 LAW Oil II ICES BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLVANIA 19380 610-696-2120 Facsimile 610-696-4111 Website: www.burt-law.com October 16, 2013 RE: Tarantin Industries Account with Tim Hake Mechanicals Account number ending in 1-79 Dear Mr. Lewis: Refer to File 1 168215 Your client's response to the discovery served on you is past due. You are requested to contact me on receipt of this letter so we can confer regarding the issues pertaining to your client's failure to respond. Very truly yours, Derek C. Blasker This letter is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. EXHIBIT :\H* • TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS OF - Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 13-2256 Civil Term TIM HAKE d/b/a TIM HAKE MECHANICALS, Defendant : CIVIL ACTION - LAW ORDER OF COURT :-AND NOW:.this• • day of GC- r -o/04---. 2013, upon consideration of .7 • the attached Motion-tp.Make Rule A.bsblute, it iS hereby ORDERED AND DECREED that Kenneth F. Lewis, Esquire is hereby withdrawn as attorney for Defendant, Tim Hake dlb/a Tim Hake Mechanicals. Defendant's address for purposes of service of any and all documents shall be 76 Beard Road, Mechanicsburg, PA 17050. BY THE COURT: , - • • DISTRIBUTION " • Kenneth f: Lewis, -Esq:, 1101 N..Front St., Hbg., PA 17102 . Derek C. Blasker, Esq., 1060 Andrew Drive, Suite 170, West Chester, PA 19380 Tim Hake, 76 Beard Road, MeChaniesburg, PA 17050 • EXH1BITC Burton Neil Edward J. O'Brien Yak D. Weinstein Derck C. Blaskcr Bret J. Sundt •Neil Salter Trenton A. Farmer LAW OFFICES BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLVANIA 19380 610-696-2120 Facsimile 610-696-4111 Website: www.burt-law.com January 30, 2014 Tim Hake d/b/a Tim Hake Mechanicals 76 Beard Road Mechanicsburg, PA 17050-1644 RE: Tarantin Industries Account with Tim Hake d/b/a Tim Hake Mechanicals Account number ending in 1-79 Dear Mr. Hake: Refer to Fik #vi 168215 I herewith serve upon you Plaintiffs First Set of Interrogatories and Request for Production of Documents and Certificate of Service. Very truly yours, Derek C. Blasker DCB/khm Enclosure This letter is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. EXHIBIT '� Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 • Attorney for Plaintiff TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-2256 CIVIL TIM HAKE d/b/a TIM HAKE MECHANICALS Defendant : CNIL ACTION - LAW Plaintiff's First Set of Interrogatories and Request for Production of Documents A. Plaintiff hereby serves these written interrogatories upon defendant who is to furnish written answers within thirty (30) days after service of these interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. The answers shall be inserted in the space provided after each of the interrogatories; please attach additional pages if more space is needed for the answers. These interrogatories are continuing and demand is hereby made to amend or supplement the answers as is required by the Pennsylvania Rules of Civil Procedure. If the answering party is a minor, a decedent's estate or an individual who is incompetent or under legal disability to provide answers, the individual providing answers shall state his or her name and the authority under which he or she is providing the answers. Full and complete answers the interrogatories must be provided and signed by the party making the answers. B. Pursuant to Pennsylvania Rules of Civil Procedure plaintiff also hereby serves this request for production of documents upon defendant who is to furnish written answers within thirty (30) days and produce at the law offices of counsel for plaintiff at the address set forth above the following documents for plaintiffs inspection and copying in accordance with the Pennsylvania Rules of Civil Procedure. It is acceptable that the answer and produced documents be copied and mailed. INSTRUCTIONS AND DEFINITIONS For the purpose of this request, the word '`document" means the original, all drafts and notcs thereof, and all copies of any written, printed, recorded, charted, taped, graphic or magnetic matter (including, but not limited to, video tapes, audio tapes, and computer tapes and discs), however produced, reproduced or prepared including email. This request applies to all documents in your possession, custody or control or in the possession, custody, or control, of persons acting or purporting to act on your behalf, including, but not limited to, your present and former agents, accountants, debt management companies and attorneys. The term "account" refers to the credit account which is the subject matter of the complaint. 1. State your full name and set forth the full name of your organization and the date your organization was created. 2. State your present complete address. 3. If a corporation, state the name of the corporate president and his/her complete address. 4. State the name of all persons having information necessary to answer these interrogatories. State the complete name(s) and address(es) of all individuals that had business dealings with plaintiff in the transaction(s) set forth in the complaint. • • 6. lfyou assert that the claim herein is the obligation of anyone other than the defendants, state the name and present address of each other person or corporation and all facts upon which you rely in support of your position, including your relationship to such other person(s) or corporation(s). 7. State fully, completely, and at length the factual basis of each and every defense which your now assert or will assert in this action. (Use additional page if needed). 8. in answer paragraph 8, defendant states that defendant was sending invoices to plaintiff for goods plaintiff purchased from defendant. With respect the statements contained in answer paragraph 8, respond to the following with specificity and completeness: a. - Identify the invoice number for each invoice that currently remains open and unpaid. b. For each invoice that remains open and unpaid, state whether defendant received a purchase order from plaintiff that requested the goods or services reflected in the invoice. c. For each invoice that remains open and unpaid, identify the purchase order number that corresponded with the open invoice number. d. For each invoice that remains open and unpaid, were all of the goods and services reflected therein received and accepted by plaintiff? • • e. For each invoice that remains open and unpaid, was defendant notified of any rejections of goods and services or defects in the goods and services delivered? f. What is the total amount defendant claims due for the alleged open and unpaid invoices? Request for Production No. 1 Produce all invoices and purchase orders that currently remain open and unpaid. 9. What is the amount defendant's records show is due and owing to plaintiff for the goods and materials plaintiff sold and delivered to the defendant? 10. What is the amount defendant's records show is due and owing to defendant for the goods and materials defendant sold and delivered to the plaintiff? ' 11. What is the total dollar amount defendant claims it has sold and delivered to the plaintiff? 12. What is the total dol lar amount defendant has received as payments on account from plaintiff for all of the goods defendant sold and delivered to plaintiff? Request for Production No. 2 Produce a complete accounting of plaintiff's account with defendant, for all goods sold and delivered by the defendant to the plaintiff. Request for Production No. 3 Produce a complete documentation of the accounts payable records defendant has for the account made the subject matter of the instant litigation. Request for Production No. 2 Produce proof of payment for all credits which defendant claims were not posted to the account? 13. According to defendant's records, what was the date the last payment made on the account to plaintiff? 14_ According to defendant's records, what was the amount of the last payment defendant made on the account to plaintiff? I5. According to defendant's records, what was the balance still due on the account after the payment identified in the response to interrogatories no. 13 and 14? 16. According to defendant's records, what are all the reasons why defendant made no further payment to plaintiff after the payment identified in the response to interrogatories no. 13 and 14? 17. What is the name, address and telephone number of every person who has knowledge of any of the facts pertaining to any dispute which exists with regard to the account? 18. Identify the name, address and telephone number of each person defendant intends to call as a witness for the trial of this case. Request for Production No. 6 Produce all documents defendant intends to introduce at trial. 19. Other than as set forth above in defendant's preceding answers, explain in detail all other reasons why defendant contends that the balance owed or portion thereof which is the subject matter of this lawsuit is not owed to plaintiff? 20. With respect to the affirmative defense of waiver raised in defendant's pleading, state with specificity and completeness: a. Describe all facts in support of the defense of waiver which demonstrate the clear, unequivocal and decisive acts by plaintiff in relinquishing its right to pursue its claim against defendant. b. By what conduct did plaintiff knowingly relinquish or abandon its legal right to recover the amount owed by defendant? c. The date defendant contends plaintiff waived its right to pursue recovery of the balance claimed in the complaint. d. The place where the alleged waiver by plaintiff occurred which defendant contends caused plaintiffto waive its right to seek recovery of the balance claimed in the lawsuit. e. The name, address and job title of every employee, agent, servant or workman of plaintiff whose conduct comprised the alleged waiver. f. The name, address, and telephone number of each person whom defendant contends witnessed the conduct that comprised the alleged waiver. g• The name, address and telephone number of any other person whom defendant contends witnessed the conduct that comprised the alleged waiver. Request for Production No. 7 Produce all documents, letters, memoranda, reports, writings or email to support the affirmative defense of waiver. 21. With respect to the alleged affirmative defense of estoppel raised in defendant's pleading, state with specificity and completeness: a. What are the facts upon which defendant relies upon to support this defense? b. Does defendant contend that a representative of plaintiff made statements or representations to defendant upon which defendant relied that caused defendant to change a position that resulted in harm or loss? i. if yes, on what date or dates was each statement or representation made to defendant or defendant's representative? ii. What was the substance of each and every alleged statement or representation made by plaintiff? iii. With respect to each statement or representation noted immediately above, identify the name, address and telephone number of the representative of plaintiff who made the statement or representation to defendant. iv. identify the name, address and telephone number of each person who heard each statement or representation. c. Were the statements or representations which were made oral, in writing or both? If verbal, summarize the contents. Did defendant make a written record of any . verbal statement or representation made by plaintiff? d. Upon which statement or representation did defendant rely? e. What actions were taken by defendant in reliance upon the statements or representations? f. What actions were not taken by defendant in reliance upon the statements or representations? g. Does defendant has any documents, tetters, contracts, memoranda, reports, writings or email to support the affirmative defense of estoppel? h. State the name address and telephone number of each and every witness defendant anticipates calling at trial in support of this alleged affirmative defense. Request for Production No. 8 Produce all documents, letters, papers or writings of any kind that defendant contends supports the affirmative defense of estoppel. Z. With respect to the affirmative defense of laches raised in defendant's pleading, state with specificity and completeness: a. What is the period of delay involved in the defense? b. What was the date of the Last payment defendant made to plaintiff? c. What is the nature of the prejudice defendant suffered as a result of the delay period described above? d. What are all reasons why defendant did not continue to make payments to plaintiff on the debt during the period of delay described above? 23. With respect to the affirmative defense that piaintirTs claim of damages is unlawful, respond to the following with specificity and completeness: a. What aspect of the claim for damages is not permitted by law? b. What law, code, and/or Rule prevents plaintiff from being able to recover the outstanding account balance? c. What actions did plaintiff take that violated the law, code, and/or Rule stated in interrogatory paragraph 23(b)? BURTON NEIL & ASSOCIATES, P.C. 13y: Derek C. Blasker, Esquire Attorney for Plaintiff This is an attcmpt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. 168215 Burton Ned Edward J. O'Brien Yale D. Weinstein Derek C. Blasker Brit J. Suttell Neil Sarker Trenton A. Farmer • • LAW OFFICES BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLVANIA 19380 610-696-2120 Facsimile 610-696-4111 Website: www.burt-Iaw.com March 6, 2014 Tim Hake 76 Beard Road Mechanicsburg, PA 17050-1644 Refer to File 168215 RE: TARANTIN INDUSTRIES v. TIM HAKE DBA TIM HAKE MECHANICALS Gentlemen: Your answer to the discovery requests served on you over 30 days ago was not received. The Pennsylvania Rules of Civil Procedure require a response 30 days from date of service. The same rules allow for the imposition of sanctions should a party not respond to discovery. It is our intention to file a motion for sanctions pursuant to Rule 4019. Because the rules encourage parties to resolve discovery issues without court intervention, I ask that you answer the discovery within ten days from date of this letter or to contact me to confer to determine whether issues pertaining to your failure to answer can be resolved without court intervention. If you wish to confer with me regarding your failure to answer the discovery, please contact me no later than 10 days from the date of this letter. Our toll free number is 866-696- 2120. . Very truly yours, Derek C. Blasker This letter is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. EXHIBIT E • TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-2256 CIVIL TIM HAKE d/b/a TIM HAKE MECHANICALS Defendant : CIVIL ACTION - LAW AND NOW, this day of Order , 2014, upon consideration of plaintiffs motion to compel, it is hereby ORDERED that defendant, Tim Hake d/b/a Tim Hake Mechanical, is directed to fully and completely answer plaintiff's first set of interrogatories and request for production of documents, without objection, within twenty (20) days of the date of this Order. BY THE COURT: C.) - 17 rnC z m - <> • < A (-) z CD CZ) Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA TIM HAKE d/b/a TIM HAKE MECHANICALS : NO. 13-2256 CIVIL Defendant : CIVIL ACTION - LAW PLAINTIFF'S BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR SANCTIONS FOR DEFENDANT'S FAILURE TO COMPLY WITH COURT ORDER A. History of the Case Plaintiff sued defendant to recover the past due balance owed for goods and merchandise that plaintiff sold and delivered to the defendant. Defendant filed an answer with new matter to which plaintiff replied, closing the pleadings. In the course of litigation, plaintiff served defendant with Plaintiff's First Set of Interrogatories and Request for Production of Documents. Defendant failed to respond to the Interrogatories and the Request for Production of Documents. In an attempt to resolve this matter, plaintiff's counsel sent defendant's counsel a letter regarding the outstanding discovery and later a letter directly to the defendant. Defendant's counsel withdrew from the case and discovery was served directly upon the defendant. Plaintiff filed a motion to compel defendant's answers to the outstanding discovery, which motion was granted by Order of this Court on May 1, 2014. As of the date of the filing of Plaintiff's Motion for Sanctions, defendant has not complied with this Court's May 1, 2014 Order. B. Issue Whether the Court should grant plaintiff's motion for sanctions, when defendant has not complied with a Court Order to responded to plaintiff's discovery? If defendant is unable to support its defenses, based upon this Court entering an Order prohibiting evidence and/or testimony, should plaintiff be entitled to judgment by default? C. Argument Defendant's answer with new matter set forth claims that plaintiff owes defendant credits for invoices for services provided to plaintiff by defendant. Defendant admitted the bulk of plaintiff's complaint, but sought to assert the defense that plaintiff owed an offset of money to the defendant. (See answer paragraphs 1 through 7 "Admitted"). Defendant's answer and new matter both failed to set forth an amount due as an offset and failed to attach any outstanding invoices that defendant claims were unpaid by plaintiff. Since the defenses were pled generally and with no facts or supporting documents, plaintiff served defendant with discovery to obtain the relevant facts of the alleged defenses and the documents in support thereof After failing to properly answer plaintiff's discovery, this Court entered an Order requiring defendant to respond to plaintiff's discovery within 20 days. Defendant failed to do so and should therefore be subject to sanctions. Plaintiff, in sending the defendant the interrogatories and request for production of documents, was looking to obtain relevant and discoverable information. "The purpose of ...discovery is to enable the party seeking it to make out his cause of action or his defense, not to pry into the case of his opponent and to anticipate it..." Peoples City Bank v. John Hancock Mut. Life Ins. Co., 353 Pa. 123 (1945) "Where there is ambiguity, the rule will be construed... to secure a just determination of the action. This will more likely be achieved by receiving relevant evidence than by excluding it." American Future Systems, Inc. v. Better Business Bureau of Eastern Pennsylvania, 2005 PA Super 103 (2005) (citing Clark at 382). As discussed above, defendant's answer with new matter seeks to rely upon claims that • . credits are due. Plaintiff served defendant with its discovery as a means of clarifying defendant's contentions and to effectively prepare for trial. Without the ability to discover such information, plaintiff would be hindered in preparing its case for trial. If such information was provided through the discovery process it may eliminate the need for a trial and would allow plaintiff to further investigate the balance. Under Pa R.C.P. 4019(a)(1)(I) "the court may, on motion, make an appropriate order if a party fails to serve answers or sufficient answers ...to written interrogatories under Rule 4005." Further, Pa R.C.P. 4019(a)(1)(viii) allows the Court to make an appropriate order if a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. Defendant, in the instant matter, has both failed to serve sufficient answers and failed to obey an order of Court respecting discovery. There is but a single caveat to the sanction power of Pa R.C.P. 4019(a)(1). Pursuant to Pa R.C.P. 4019(a)(2) "A failure to act described in subdivision (a)(1) may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has filed an appropriate objection or has applied for a protective order." This single caveat is not present in the instant matter because defendant has failed to object to the contents of plaintiff's discovery. When a Court determines that sanctions are appropriate under Pa R.C.P. 4019(a), the Court may make an order ...entering a judgment of non pros or by default against the disobedient party or party advising the disobedience pursuant to Pa R.C.P. 4019(c)(3). The Court also has the power to make an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, or things or testimony; pursuant to Pa R.C.P. 4019(c)(2). "[T]he decision whether to sanction a party for a discovery violation and the severity of • 41) such a sanction are matters vested in the sound discretion of the [trial] court." The Philadelphia Contributionship Insurance Company v. Shapiro, 2002 PA Super 139 (2002) (citing Pioneer Commercial Funding Corp. v. Am. Fin. Mortgage Corp., 2002 Pa. Super. LEXIS 330, 2002 WL 413899, at 10 (Pa. Super. March 18, 2002)). Rule 4019 of the Pennsylvania Rules of Civil Procedure expressly authorizes a trial court to enter a default judgment against a defendant who fails to comply with the trial court's discovery orders. See Pa. R.C.P. 4019(c)(3). The Superior Court of Pennsylvania, in Luszczynski v. Bradley, 1999 PA Super 85, 729 A.2d 83, 87 (Pa.Super. 1999), appeal withdrawn, 559 Pa. 692, 739 A.2d 1058 (1999) (as cited in Judge Technical Serivces Inc. v. Thomas Clancey, 2002 PA Super 391(Pa. Super 2002)) identified the following factors for trial courts to consider when determining an appropriate sanction under Rule 4019: (1) the nature and severity of the discovery violation; (2) the defaulting party's willfulness or bad faith; (3) prejudice to the opposing party; (4) the ability to cure the prejudice; and (5) the importance of the precluded evidence in light of the failure to comply. Id. The nature and severity of defendant's discovery violation should be viewed by this Court as blatant and extreme. Defendant had ample opportunity to comply with plaintiff's discovery demands. Plaintiff offered defendant the opportunity to meet and confer regarding the delinquency in filing the discovery answers, and subsequent to this Court's Order compelling defendant to respond, plaintiff again sent a letter that requested that defendant simply comply with the discovery requests. After all plaintiffs efforts and this Court's Order, defendant still failed to respond to the interrogatories and to produce the documents requested. Defendant has i • scoffed at the rules of Court and the power this Court has to compel discovery. There can be little doubt that defendant acted willfully and in bad faith. By failing to answer plaintiff's discovery requests, defendant has prejudiced plaintiff's case by causing plaintiff to have insufficient information to prepare its case for trial. In seeking the requested discovery, plaintiff has expended great resources. This prejudice is not easily cured by simply answering plaintiff's discovery. The only way to cure this prejudice is to hold defendant responsible for its actions and enter all appropriate sanctions against the defendant. The harshest sanctions available for failure to comply with discovery demands and failure to comply with a Court Order to answer and produce discovery would be to enter judgment against the offending party and cause them to pay reasonable attorney's fees incurred in pursuing the compel and sanctions motions. An alternate means of sanctioning a party can be seen in Mulartrick v. Heimbecker, 34 Pa. D. & C.4th 432 (Co.Montg. 1996), where the Court: "ordered Defendant to respond to the discovery requests within 10 days, directed them to pay the plaintiffs' costs and attorneys' fees incurred in pursuing discovery, found Defendant in contempt, fined them $ 100 per day until they complied with the previous order, and allowed the plaintiffs to seek further sanctions in the nature of a default judgment if the Defendant failed to furnish responses to the discovery requests within 30 days" This Court has the power to preclude defendant from opposing designated claims of plaintiff. Further, Pa R.C.P. 4019(c)(2) allows this Court to preclude defendant from supporting its defenses and from introducing into evidence designated documents. If this Court were to preclude defendant from opposing claims sought to be clarified in plaintiff's interrogatories, this court would eliminate any genuine issue of material fact. Although this Court has the power to impose various sanctions and may impose them at various severities, plaintiff requests that this Court enter judgment against defendant, Tim Hake • individually and doing business as Tim Hake Mechanicals, and cause defendant to pay plaintiff's reasonable attorney's fees incurred in pursuing the motion to compel and the motion for sanctions. Defendant deserves such harsh sanctions because defendant has shown a complete disregard for the legal system and for the authority of this Court. However, if this Court chose to preclude defendant from opposing claims sought in plaintiff's interrogatories, the same result would be achieved but with more time and resources expended. D. Conclusion Defendant has failed to comply with an order of this Court. Such failure should result in sanctions being imposed against defendant. The appropriate sanctions would be to enter a judgment against defendant. BURTON ►+ ASSOCIATES, P.C. jBy. 1 Deritir e:. sker, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. • Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff TARANTIN INDUSTRIES, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 13-2256 CIVIL TIM HAKE dba TIM HAKE MECHANICALS Defendant : CIVIL ACTION - LAW Certificate of Service I, Derek C. Blasker, Esquire do hereby certify that I served a true and correct copy of the within Motion for Sanctions, proposed Order and Brief in Support on pro se defendant, Tim Hake d/b/a Tim Hake Mechanicals at his address of record via first class mail, postage prepaid on the date set forth below. Date: J(Iy71, Zat-f Burton N es, P.C. By: B ker, Esquire Attorney for laintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. 168215 TARANTIN INDUSTRIES, INC. Plaintiff v. 'I';LED-OFFICE OF THE PROTHONOTARY 2014 AUG -1 PM 2: 37 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-2256 CIVIL TIM HAKE d/b/a TIM HAKE MECHANICALS Defendant : CIVIL ACTION - LAW AND NOW, this Order day of , 2014, upon consideration of plaintiff's Motion for Sanctions, it is hereby ORDERED that defendant, Tim Hake d/b/a Tim Hake Mechanical, is barred from offering any evidence or testimony at trial in support of: its defense that credits are due; its defense that plaintiff owes defendant any sum; • its defense that the account balance is not due and owing; • Any and all affirmative defenses set forth in defendant's new matter. It is further ORDERED that plaintiff is entitled to reasonable attorney's fees incurred in pursuing the compel and sanctions motions.