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Home My WebLink About02-1163 MARK A. HUGHES and SHERRY L. HUGHES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW REUBEN B. LAPP, AMOS B. LAPP and JOHN K. LAPP, JR., A DIVISION OF QUALITY FENCING & SUPPLY, QUALITY FENCING & SUPPLY, INC., UNIVERSAL POLY PRODUCTS, L TD, formerly QUALITY FENCING & SUPPLY, LTD., : NO. 02-1163 JURY TRIAL DEMANDED Defendants REPLY TO DEFENDANTS' NEW MATTER Plaintiff Mark A. Hughes, by his attorneys, Snelbaker, Brenneman & Spare, P. C. submits this Reply to Defendants' New Matter as follows: 50. Paragraph 50 of Defendants' New Matter should be stricken as failing to set forth either an affirmative defense or material facts. Further, Paragraph 50 should be stricken as improperly requiring a reply to an answer which is not a recognized pleading. To the extent a reply is necessary, the averments of Plaintiffs Complaint are incorporated by reference herein and all allegations of fact contrary thereto in Defendants' Answer are denied as if set forth herein and denied seriatim. 51. Denied. Paragraph 51 of Defendants' New Matter contains an unwarranted conclusion oflaw to which no response is required pursuant to Pa.R.C.P. 1029(d). 52. Denied. Paragraph 52 of Defendants' New Matter contains an unwarranted LAW OFFICES SNELBAKER. BRENNEMAN & SPARE conclusion oflaw to which no response is required pursuant to Pa.R.C.P. 1029(d). 53. Denied. Paragraph 53 of Defendants' New Matter contains an unwarranted LAW OFFICES SNELBAKER. BRENNEMAN & SPARE conclusion oflaw to which no response is required pursuant to Pa.R.C.P. l029(d). To the extent a reply is necessary, the defective materials were installed in accordance with specific instruction given by Defendants' agent and were not improperly installed. 54. Denied. Paragraph 54 of Defendants' New Matter contains an unwarranted conclusion oflaw to which no response is required pursuant to Pa.R.c.P. 1029(d). To the extent a reply is necessary, it is denied Plaintiff improperly used the materials and/or caused the damages complained of. 55. Denied. It is denied that the materials purchased by Plaintiff from Defendant were fit for use at the time they were purchased. To the contrary, the materials purchased were not fit for such use for the reasons set forth in Plaintiffs Complaint, the averments of which are incorporated by reference herein. 56. Denied. It is denied that Plaintiff altered or changed the materials; accordingly, it is denied that any alterations or other changes to the material occurred after the product left the control of the Defendants. WHEREFORE, Plaintiff requests this Court to dismiss Defendants' Answer and New Matter and enter judgment in his favor in accordance with the demands for relief set forth in the Complaint. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: July 23, 2002 -2- LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE VERIFICATION I verify that the statements made in the foregoing Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. MMkAe::~ Date: ry 1~3/oo- LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Reply to Defendants' New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Michele J. Thorp, Esquire Thomas, Thomas & Hafer, LLP P. O. Box 999 Harrisburg, P A 17108-0999 ~ SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff Mark A. Hughes Date: July 30, 2002 (") c <- '-'CD !'11r ~S: 26 ~- :z(~' ~~ ~ r::., r...) ,;::a. ,~- .--, --'~1 ~] ;'~~~ ~r: :.r, c)('" 25m :-l ~ -< .7) I 1"V '-' ::r; ~ :n (J1 . THOMAS, THOMAS & HAFER, LLP Michele J, Thorp, Esquire P.O, Box 999 305 N, Front Street Harrisburg, PA 17108-0999 (717)237-7153 MARK A. HUGHES AND SHERRY L. HUGHES, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V, : NO, 02-1163 REUBEN B. LAPP, AMOS B. LAPP and JOHN KLAPP, JR., A DIVISION OF QUALITY FENCING & SUPPLY, QUALITY FENCING: & SUPPLY, INC" UNIVERSAL POLY PRODUCTS, L TD, formerly QUALITY FENCING & SUPPLY, LTD., : JURY TRIAL DEMANDED DEFENDANTS NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY REQUIRED to respond to the within New Matter within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, Thomas, Thomas & Hafer, LLP by Date: I j\\.a.}07.- THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire P.O, Box 999 305 N, Front Street Harrisburg, PA 17108-0999 (717)237.7153 MARK A. HUGHES AND SHERRY L. HUGHES, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 02-1163 REUBEN B. LAPP, AMOS B. LAPP and JOHN KLAPP, JR., iltld/b/a, QUALITY FENCING & SUPPLY, QFS FACTORY OUTLET, A DIVISION OF QUALITY FENCING & SUPPLY, QUALITY FENCING: & SUPPLY, INC., UNIVERSAL POLY PRODUCTS, L TO, formerly QUALITY FENCING & SUPPLY, LTD., : JURY TRIAL DEMANDED DEFENDANTS ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT AND NOW, Defendants, Reuben B. Lapp, Amos B. Lapp and John KLapp, Jr., individually and trading and doing business as Quality Fencing & Supply, QFS Factory Outlet, Quality Fencing & Supply, Quality Fencing & Supply, Inc., Universal Poly Products, L TO, formerly Quality Fencing & Supply, LTD., ("Defendants"), by their attorneys, Thomas, Thomas & Hafer, LLP, file this Answer and New Matter to the Complaint of Plaintiffs, Mark A. Hughes and Sherry L. Hughes ("Plaintiffs"), as follows: 1. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a believe as to the truth of the allegations contained in this paragraph and proof thereof is demanded. 2. Admitted in part and denied in part. It is admitted that at the time of the alleged incidents that form the basis of Plaintiffs' Complaint that Defendants Reuben B. Lapp, Amos B. Lapp and John K. Lapp, Jr. had the business address listed. However, since October 1, 2001, Amos B. Lapp has not participated in said business. 3. Admitted in part and denied in part. It is admitted that at the time of the alleged incidents that form the basis of Plaintiffs' Complaint that Defendants Reuben B. Lapp, Amos B. Lapp and John K. Lapp, Jr. had the business address listed. However, since October 1, 2001, Amos B. Lapp has not participated in said business. 4. Admitted. 5. Admitted in part and denied in part. At the time of the alleged incident that forms the basis of this Complaint, this allegation was true. However, subsequently, Defendant QFS Factory Outlet was sold to other parties. 6. Admitted in part and denied in part. At the time of the alleged incident that forms the basis of this Complaint, this allegation was true. However, subsequently, Defendant QFS Factory Outlet was sold to other parties. 7. Admitted. 8. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 10. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 12. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 13. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 14. Denied. This paragraph is denied as legal conclusions and pursuant to PaRC.P. 1029(e). 15. Denied. This paragraph is denied as legal conclusions and pursuant to PaRC.P. 1029(e). 16. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 17. Denied. This paragraph is denied pursuant to PaRC.P. 1029(e). 18. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). COUNT I Breach of Express Warranty 19. The answers contained in paragraphs 1 through and including 18 are incorporated by reference herein as if set forth in their entirety. 20. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 21. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 22. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 23. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs with costs assessed to Plaintiffs. COUNT II Breach of Exoress Warranty 24. The answers contained in paragraphs 1 through and including 23 are incorporated by reference herein as if set forth in their entirety. 25. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 26. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 27. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 28. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants demand jUdgment in their favor and against Plaintiffs with costs assessed to Plaintiffs. COUNT III Breach of Imolied Warranty of Fitness For a Particular Puroose 29. The answers contained in paragraphs 1 through and including 28 are incorporated by reference herein as if set forth in their entirety. 30. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 31. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 32. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 33. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 34. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 35. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs with costs assessed to Plaintiffs. COUNT IV Nealiaent MisreDresentations 36. The answers contained in paragraphs 1 through and including 35 are incorporated by reference herein as if set forth in their entirety. 37. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 38. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 39. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 40. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 41. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 42. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 43. Denied. This paragraph is denied as legal conclusions and pursuant to Pa.R.C.P.1029(e). WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs with costs assessed to Plaintiffs. COUNT V Strict Liabilitv 44. The answers contained in paragraphs 1 through and including 43 are incorporated by reference herein as if set forth in their entirety. 45. Admitted. 46. Admitted in part and denied in part. It is admitted that Defendants sold and or supplied decking material. The remaining averments in this paragraph are denied. Specifically, it is denied that Defendants manufacture decking material. 47. Admitted in part and denied in part. It is admitted that Defendants sold and or supplied decking material. The remaining averments in this paragraph are denied. Specifically, it is denied that Defendants manufacture decking material. 48. Admitted in part and denied in part. It is admitted that Defendants sold and or supplied decking material. The remaining averments in this paragraph are denied. Specifically, it is denied that Defendants manufacture decking material. 49. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs with costs assessed to Plaintiffs. NEW MA ITER 50. The answers contained in paragraphs 1 through and including 49 are incorporated by reference herein as if set forth in their entirety. 51. Plaintiffs have failed to state a legal cause of action against Defendants. 52. Plaintiffs may have failed to mitigate their damages. 53. Plaintiffs may have caused the complained of damages by improper installation of the materials. 54. Plaintiffs may have caused the complained of damages by the improper use of the materials. 55. To the extent Plaintiffs may have purchased the materials from Defendants, at the time the materials were sold to Plaintiffs, they were fit for use. 56. Any alteration or other change to the materials occurred after the product left the control of Defendants. WHEREFORE, Defendants, demand jUdgment in their favor and against Plaintiffs, with costs assessed to Plaintiffs. Respectfully submitted, Thomas, Thomas & Hafer, LLP by Date: '/ll.$/OZ VER/F/CA T/ON I, Defendant, John K. Lapp, Jr., hereby state that the statements made in the foregoing Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Jl/ ~) OOHN K. LAPP, . CERTIFICA TE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Keith O. Brenneman, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg, PA 17055 Date: 7 /llD/ DZ- Thomas, Thomas & Hafer, LLP 17108-0999 () .:::) C) ~~ I.......) .""1 (- .~ "T" ;.:;! C':: '-11 --...- 71 L- ;~::: ~) ._,J l,c2 l'J _. 1 ".." ::;:: .., ;?~ (-.' :..) J> e: ...~~ z 1>- =<! ::2 0) -< dll 'JaJeH '8 Sew04.l 'SeW04.l -ZO /t11 1/ L :alea SSOH 'Vd '6JnqsO!Ue40aV\l laaJlS u!eV\llsaM 1717 ":::rd 'aJeds '8 uewauuaJ8 'Ja}jeqlaus aJ!nbS3 'uewaUUaJ8 "0 4l!a)l :6u!MOIIOJ a4l Ol passaJppe 'p!edaJd a6elsod 'l!eW sselO lSJ!J ^q 6u!06aJoJ a4l JO ^doo paJJOO pue anJl e paNaS I ^ep S!4l uo le4l ~!lJao ^qaJa4 op I 3::>IA}:I3S .:10 31. V::>I.:IIJ.}:I3::> ,'" ..' MARK A. HUGHES and SHERRY L. HUGHES, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. f);l. 1/(,.3 CIVIL REUBEN B. LAPP, AMOS B. LAPP and JOHN K. LAPP, JR., individually and trading and doing business as : CIVIL ACTION - LAW QUALITY FENCING & SUPPLY, QFS FACTORY OUTLET, a Division of QUALITY FENCING & SUPPLY, QUALITY FENCING & SUPPLY, INC. and UNIVERSAL POLY PRODUCTS, LTD., formerly QUALITY FENCING & SUPPLY, LTD., Defendants PRAECIPE FOR WRITS OF SUMMONS TO THE PROTHONOTARY: Please issue writs of summons directed against the Defendants identified as follows: 1. Reuben B. Lapp, Amos B. Lapp and John K. Lapp, Jr., individually and trading and doing business as Quality Fencing & Supply 622 N. Shirk Road New Holland, P A 17557; 2. QFS Factory Outlet, a Division of Quality Fencing & Supply 922 State Street Lemoyne, PA 17043; 3. Quality Fencing & Supply, Inc. 622 N. Shirk Road New Holland, PA 17557; and LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE .- ~ LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 4. Universal Poly Products, LTD" formerly Quality Fencing & Supply, LTD. 622 N. Shirk Road New Holland, PA 17557 SNELBAKER, BRENNEMAN & SPARE, P. C. i1U4~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Mark A. Hughes and Sherry L. Hughes Date: March 8, 2002 -2- 1 .... ~ ~ ~ ~ 0 (.:J C) C rv -n g: :x '- J "1J 0.' :~ -n ...... 11", r11n: :::0 r- W Z:J..J , nl '-' 7['" ..~-, "'" cnl< ro X .... '" "" r:-<; t.' .,.......1 :t'" . rj -.. '< :.;'~~ Vol -f:. ~8 ::x !"\ -7 J '5fT1 d :PC ?? c-I ~ N ?a -< Commonwealth of Pennsylvania County of Cumberland Mark A. Hughes and Sherry L. Hughes VB Reuben B. Lapp, Amos B. Lapp and John K. Lapp, Jr., individually and trading and doing business as Quality Fencing & Supply 622 N. Shirk Road New Holland, Pa. 17557 QFS Factory Outlet, a Division of Quality Fencing & Supply 922 State Street Lemoyne, Pa. 17043 Court of Conunon Pleas Quality Fencing & Supply, Inc. 622 N. Shirk Road New Holland, Pa. 17557 lIIo. _Q2=JJiQ3_~yiJl_TeIDl______________ 19____ In ~_~yiJ_l1~tjSlQ~~~_________________________ Universal Poly Products, LTD., fonnerly Quality Fencing & Supply LTD 622 N. Shirk Road New Holland, Pa. 17557 ToEeubelL.E...._Law.._Amos_.E...._Law_and_John K. Lapp, Jr. , Individually and trading and , doing business as Quality Fencing & Supply, QFS Factory Out, a Div. of Quality I!JflJ.<;.r_.i.d.... You are hereby notified that Ma~~_~&_lh1~~_aoCL ~_~Jtl~s_________._____________________________________----------- the Plaintiff have commenced an action in _____.ciril_.I..aw______u__u_______u_u____u__________ against you which you are requited to defend or a default judgment may be entered against you. (SEAL) .__C1UCti~_~&_~SlQ9_____________________________ . Prothonotary ])ate ~c!LJB7-~2______________ 19____ By __~~-JGl-~------------------ ])eputy Fencing & Supply, Quality Fencing & Supply, Inc., 1,:; 3:*" , CgOrt:tl 3:' ~ fIl*,,~en , ::l 11 ro ~l ..... ro ::l , f-'. CR a c t:! 6f~f-"ro , :>1"1 ,~ rort..... ':e: ~ ~"<j ~.i " ~ ::len::r@" Iii > If-' f-'.rt .... ~q~l!l::l . 'f-' () 0:>1" tT OJ rt to 10'1 " en 3:. ro I-'"<jo~. g: 'w >~ ~OJ 11 ~ r , ~. to- 'C~~o.t"' ~ In l!l ~to I o () OJ ,f-" ~ ~. 8 8':g ro 1<: - ;!; [5 ~ en 'f-" ... l!l rt ~. - II-' ~ D9~~[5 ~ ~~ l!l ! ~ a '>-3 ~ . ~ ~ 'ro fIl en- 0' !~ f-' - ~ c.a c en ....:J I .... () >en i I , 1:1 I 0 t'1 , rt '0 ~. to , U1 en ~ , en I-' tl . ~ I U1 '?en I -"<:f-'.ro , I - <:ent"' , ~ I t"' f-'.en OJ - I tjHen '0 t"' co , , ::l f-'. fll '0 . I , () 0 . , "<j. ::lg~ g: . I ~ I 'C o 0. ~ . HI ~ f-'c... n gq~ en . ~ g I-' f-'."'l ~ q~ . I-' () t"' f-'. "'l ~. OJ q ~l!l:g () - ;Dl ~. ~ c... ::l l!l en 11 () ~.a' f-'. ::l en:g ~. l!l ~ .a~~ '0 <: en ~ 1-" ~ ~ ~ I-' ~ ~ a . SHERIFF'S RETURN - OUT OF COUNTY , , CASE NO: 2002-01163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUGHES MARK A ET AL VS LAPP RUEBEN BIND & T/D/B/A QU R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LAPP REUBEN BIND & T/D/B/A QUALITY FENCING & SUPPLY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 2nd , 2002 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep Lancaster Co 18.00 9.00 10.00 107.98 .00 144.98 04/02/2002 SNELBAKER BRENNEMAN ~ ~).........-::-~ So ~..,/--:=_ R. homas Kline Sheriff of Cumberland County SPARE Sworn and subscribed to before me this JO~ day of ~,';p d./J1d, A.D. ~I - qr~~~crta*~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-01163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUGHES MARK A ET AL VS LAPP RUEBEN BIND & T/D/B/A QU R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LAPP AMOS BIND & T/D/B/A QUALITY FENCING & SUPPLY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 2nd , 2002 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/02/2002 SNELBAKER BRENNEMAN so,.:~~~~// ./------ -Fe/~ Sheriff of Cumberland County SPARE Sworn and subscribed to before me this /b!5' day of ~,.IJ ~.2J A.D. ~I a fu'ffc" ~ Prot ondta y SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-01163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUGHES MARK A ET AL VS LAPP RUE BEN BIND & T/D/B/A QU R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LAPP JOHN K JR IND & T/D/B/A QUALITY FENCING & SUPPLY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 2nd , 2002 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/02/2002 SNELBAKER BRENNEMAN So answe;rs-: /;. .:--;:.>'-,.... "",:.-,.'~.,---- .... ,.:.- ,:~~:~.=--7 R'. Thomas Kline Sheriff of Cumberland _/ County SPARE Sworn and subscribed to before me this 10 ~ day of ~ .:zoo.), A.D. ~..(2 At_,,;.., ~ Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-01163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUGHES MARK A ET AL VS LAPP RUEBEN BIND & T/D/B/A QU R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: QUALITY FENCING & SUPPLY INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 2nd , 2002 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/02/2002 SNELBAKER BRENNEMAN So answers: ~/ /~~:.-~~ ' R( Thomas Kline ,/ Sheriff of Cumberland County _/ SPARE Sworn and subscribed to before me this /0 ~ day of ~f~'.1 :lIm.2..., A.D. ~~() /hdd~.) ~ Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-01163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUGHES MARK A ET AL VS LAPP RUEBEN BIND & T/D/B/A QU R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: F/K/A QUALITY FENCING & SUPPLY UNIVERSAL POLY PRODUCTS LTD but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 2nd , 2002 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/02/2002 SNELBAKER BRENNEMAN So a~_ .............<:,....-;-.~ ./~~/c~~ R: Thomas Kline Sheriff of Cumberland County SPARE Sworn and subscribed to before me 4t;; /0 ..... day of o,.u:l this ;looL A.D. ~A~ D_ '1n<U,J *i I Prothondta y SHERIFF'S RETURN - REGULAR CASE NO: 2002-01163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUGHES MARK A ET AL VS LAPP RUEBEN BIND & T/D/B/A QU CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon QFS FACTORY OUTLET A DIV OF QUALITY FENCING & SUPPLY the DEFENDANT , at 1225:00 HOURS, on the 22nd day of March , 2002 at 2407 GETTYSBURG ROAD CAMP HILL, PA 17011 by handing to WALLY REAM, OFFICE MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 9.66 .00 10.00 .00 25.66 r~~~~~ R. Thomas Kline 04/02/2002 SNELBAKER BRENNEMAN SPARE me this w JO- day of BY'~~?:~ De ty Sher' f Sworn and Subscribed to before nl1.A ;Lbc.L, A. D. 'Ckt () n,.ItlJh~~ P othonotary ~ /liE' 1/5 1 OF 5 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299'8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN a;-LEASETY'PE OO-.OTOETACHANYCOP'ES. 1. :;>LAINTlFF/S/ 2 COURT NUMBER 6~-1 1<0"2- Mark A. Hughes et al 02-~ civil 3 DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Reuben B. Lapp indo & t/d/b/a Quality Fencing & Supply et a Writ of Surrmons SERVE {5' NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC.. TO BE SERVED. ..... Reuben B. Lapp indo & t/d/b/a Quality Fencing & Supply ...". 6. ADDRESS (Street or RFD. Apartment No., City, Boro. Twp.. State and ZIP Code) AT 622 N. Shirk Road New Holland, FA 17557 7. INDICATE UNUSUAL SERVICE: DEPUTIZE 0 OTHER Cunberland Now, March 11 20 --.m.. .1. SHERIFF OF~'P --....COUNTY. PA,. do~~pu!!ze the~h i 1 Lancaster County to execute this Wr' ~eol m to law. This deputation being made at the request and risk 01 the plaintiff, .. SHERIFF OF CO y 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cunberland ;;:: H (fl n o :><: 1-3 I:' i:; 'tl NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under ~Within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction or removal of any such property before sheriff's sale thereof. 9, SIGNATURE 01 ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE (717) 697-8528 3/8/02 (Thi. eree must be co.mpleted if no.tice i. to. be meiled) 13. , acknowledge receipt of the writ! or complaint as indicated above. r 16. I hereby CERTIFY and RETURN that I ~e personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in "Remarks", the writ or complaint described on the indiVidual, company, corporation, etc., at the address shown above oron the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COpy thereof. 17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc.. named above. (See remarks below) 18. Name and tille of individual served (if not shown above) (Relationship to Defendant) 19. DNoServk:e See __ Below (No. 30) SPl~..EI..OW F_(lSIEOF' .ertIFFOt.l.'W'....... OO.O......"I....OW tHt$.... NAME of Authorized LCSO D.PU~ or Clerk 14. Date Received 15. Expiration/Hearing date ANNETTE WALTON 717-2 5-3609 3/13/02 4/5/02 20. Address of where served (complete only if different than shown above) (Street orRFD, Apartment No., City, Boro, Twp. State and Zip Code) 21. Date of Service 22. Time 3 -OlD -Od- 8':;)5 AM ~ EST ~ 23. ATTEMPTS Mile. Dep. Int, 6lltl W 24. Advance Costs R l2ol:A50.00 30. REMARKS: 25. Dep, Int. S.T.A.: L(,. ;V '-L "1- 7?;D ~p '7 31. AFFIRMED and subscribed to before me this g~p~~:rWt. of 34. day of 37 MY COMMISSION EXPIRES 1. WHITE, Issuing Authority 2. PINK, Attorney 3. CANARY, Sheriffs Office 4. BLUE - Sheriff's Office . . ...... ....-\ 301=t ......... H r- .......~;.~. .......o..::.:;lt.. ..... ...... ~ . .. :t~,.. ,;', '", .:: ~ ~ SF ,";:~ "11 ~014 Of.. '''," .-. >^--._- '~."'.,;.j,";, ' .;",,')!~........~t '. . b~~~~~~~~?'<<'.':, . , . ~~;:rtL' +-or- , .j... .. , . . [.:> '~~i ~lelielk! . t\;I;~itJIIJ ---~'-:-~~~~''''''"':-----:~~:~f.~i1i;i':':' ,'., E; .6 n;'",:k!',~ ;'11,"1: H I.. " .... 1\1 " l'" ;~f li>1 =.itl~w~~ii'y:;;i:~ "T~;l" ~/ntW 2'd;' .' 'f-Brtt Ilwl r.o tfHw \~ 1!h.JQ1"';' !~~:':;.;! 11 j i."1: _~"'_"H__"'" d':f1-'~.I() :;.~l:j;j'L~ .~ fA .r.;; .~~; 1?1 .:It: .\ -: ~i .,.""....,'":""'"':'~:~, :!:;;" ',-1 ''''.'~.~~'~~ri:r~,.,;;d: " ~~~i;;I;~~~,J"":";ll" . . . " ':l!jiT,i:~;iliiiijiti!!I;Ji,~:~;::~~;;;;;iiffiI,_idii~;>ll~~i:'t'4';"r', ~~li:W ",J-.-. ,., '.:. ...:~" ....~,_..._, .. ..,"....:..~:.;..~"...:..u d. ',",rl .'0' .:"',. ""k-';';'~''':'''''~~<:::''"'~''~ , ~ '~.~~ 'l::~;:jatth'~h~'!: -:'it,J8. .1' "\1.':1'.1: ''t'R,H/I,' f.., 'i':i~.4- t r:;'j{JI";I,,;;": '; J:.:' , ' , .~.,'. 11\ ~___3 2 OF 5 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN ,. FllAINTlFF/SI Mark A. Hughes et al 3 DEFENDANT 151 Reuben B. Lapp ind & t/d/b/a Quality Fencing & Supply et al SERVE { 5. NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC.. TO BE SERVED. IIIIIIIll.. Amos B. Lapp indo & t/d/b/a Quality Fencing & Supply 11III9'" 6. ADDRESS (Slreet or RFD. Apartment No.. City, Bora. Twp.. State and ZIP Code) AT 622 N. Shirk Road New Holland, PA 17557 7. INDICATE UNUSUAL SERVICE, DEPUTIZE 0 OTHER Cun Now, March 11 20 ~ ,I, SHERIFF OF ri &.___ COUNTY, PA., do here y Lancaster County to execute this Writ to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 4. TYPE OF WRIT OR COMPLAINT Writ of SuTrnons Cunberland ;3: CIl I-l n t:l :><; 1-3 t" ~ '0 NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching My property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE 01 ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER ". DATE KEITH BRENNEMAN ESQ (717) 697-8528 3/8/02 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This eree must be compleled if nolice isla be melled) CUMBERLAND CO SHERIFF'S OFFICE SPA~ $llL01tWiPOl "*01="'11I" ...V..... 00 13. I acknowledge receipt of the writ l NAME of Authorized LCSO Deputy or Clerk orcomplaintasindicatedabove. r ANNETTE WALTON 717-295-3609 16. I hereby CERTIFY and RETURN that I ~e personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc.. at the address shown above oron the individual, company, cor- paralion, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. o No S<<vico See Rernancs Below (No. 30) 21. Date of Service 22. Time 20. Address of where served (complete only if different than shown above) (Street orRFD, Apartment No., City, Boro, Twp. State and Zip Code) 3-do-~ t)..~ AM - ~~ 23. ATTEMPTS Miles /' Oep.lnl. 24. Advance COSls 30. * S.T.A.: 1. WHITE, Issuing Authority 2. PINK, Attorney 3. CANARY, Sheriff's Office 4. BLUE, Sheriff's Office g~P~~:~iYle of 37. '02 ~~ .-.-----,------------------------ :, '.S" ....==t;~tR ::3 l--i t3 .<~;: " ,;'''', :',' ;,;, ". .<' .; -- Ii' :,,,(" .lCI< ,fl3T8'/";pw..J .~XOfl.{);lll ,:r~F1T;? ;!)~IO .....-:-......-...~.-o...;l" <>". :, . ,'~ . .~"., ,1 f~'l,,' .--,.--- ':.:... . '.~ ~'iUl\:m1 ~a.rtan ~O'l1lJf;IVJr4~A IiIns ,;1'" '~~~~~~~.'7:""~....-~. C 1fO s: ..~:: a;~.-.... !iiJ 'Cli2;;.O(Jlr,'1 . , t~'~+"~~~--""'; ~f\:i,~ilm'~ ::li~ . .r\lib'~,. ~.~,---- ,..,~ I: I, , i i , ~: ~ ,- _dj~:~I{~:!:;ir ';; .., 'i<"d;~ j i: I < ':"' , i":::::':: ~;..l!/I);l~~H{~i!'>lll~lh'tj~iiiO :!l~i.m~!iO"o;r."a it,,,?.: ,;;j';:;:il-C5'i;-o[ ,', ,; ;~:.-::_" ;' )>,~:~~i'" ~t,p:q<lqiS.l:-'11l atif,le --aYcij"fuTI'Ai ;'ji ,~:' il ih'; . ',1\i1' ,': ,~fl1'r~ '1:ifn:~:HF I":!::;, ';. > .:i$;,~'~/r';ii":""".~:;/'~\~ :'lr:~;:r~~~-:'~W~T !'4~~;:;,b;)i~F:-~~<'~-->' !f.:rf~ t~ ~f~ (Q"Lgdi~':\J'; <lei:;: .,q '$an*;-;11 \~I\ '.' ':; ".. ::~~:. 2;:;~a~;~:;,,:';:: ..~ '" ,,,I:,~ '-':::'~::;:~it!~!!i;!: ~;; ';::, "~:"';~~:i:~_:;,,:~';, '; ::-. ,)~:, ;~~jft~~~:::~~~:'~, '!~~~~~~~~~~f;H~~! \(~~,:"" ':!~1~rte. ',~"H..i',~'H}.,:: ~e: . ;J;,"~ C. .1' ~ ~ 4 OF 5 SHERIFF-'S OFFICE SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200 . pL.~l!tYpe DO NOT QeTAC",. ANY COPIES. 2 COURT NUMBER 02-d1i11!t civil 0;)- {/(p3 1 fLAINTIFFISI Mark A. Hughes et al 3 DEFENDANT/S/ Reuben B. Lapp ind & t/d/b/a Quality Fencing & Supply et a" SERVE {5' NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC.. TO BE SERVED. ~ John K. Lapp Jr. indo & t/d/b/a Quality Fencing & ...". 6. ADDRESS (Street or RFO. Apartment No., City. Bora. Twp., State and ZIP Code) AT 622 N. Shirk Road New Holland, PA 17557 7. INDICATE UNUSUAL SERVICE: it DEPUTIZE 0 OTHER eunbEirland Now, March 11 20 UL , I, SHERIFF OF~ Tr~'COUNTY, PA., d Lancaster County to execute this Wr to law. This deputation being made at the request and risk of the plaintiff. S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 4 TYPE OF WRIT OR COMPLAINT Writ of Surrmons Supply Clritberland ;3: H 00 n o ?': 1-3 I:"' ~ 'tl NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching a,'y property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE KEITH BRENNEMAN ESQ 717-697-B52B 3/8/02 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This area must be completed If nollce Is to be mailed) CUMBERLAND SHERIFF SPACE !eELOW. FO.USEOF _ElliFF ()NI!lf 400 Jil(Jl'-'l'E.BEt.OW TMlS IolHE NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date 13.1 acknowledge receipt of the writ t or complaint as indicated above. r ANNETTE WALTON 717-295-3609 3/13/02 4/5/02 16. I hereby CERTIFY and RETURN that I [i!J:wrftl personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in ~Remarks", the writ or complaint descrl"6ed on the individual, company, corporation, etc., at the address shown above oron the individual, company, cor- poration. etc., at the address inserted below by handing a TRUE and ATTESTED COpy thereof. 17.0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ONoService See __ Below (NO. 30) 20. Address of where served (complete only if different than shown above) (Street orRFD,Apartment No., City, Bora, Twp. State and Zip Code) 21. Date of Service 22. Time 3.~O~ y:as AM ""'- EST ~ 23. ATTEMPTS MII.s /' Dep.I"t. VJ.."t 25. Dep.lnt. 24. Advance Costs R - ,3t::>'I 30. REMA KS: S.T.A.: 37. cJ2.- 8~p~~":rWte of ,. WHITE, Issuing Authority 2. PINK, Anomey 3. CANARY, Sheriff's Office " . ~ (~~ 3';~:~. . ""'=1' . .~' ca. .'. " ..';r ";i '~~," :' " .,'" ,. . ,', ".' c '" ' ': ' :,:~ ," ;>~,> ';:, .:::". ' ,\,:,<.-,", ~'; <'';' .:': ,,~ .", ,...,' ,0. ~,'-,:,. ,;.,~.,,: ',,:~,14',:,' ,~;. ~"; c ..~C~ 1~ ,\If' 'IV:" .H '1 ~-~ il< 'f" ::~~1~~~rm~G~Ff:-'~~TJ: ~'cfO o:."W!'1lH"'Qil$i'Qd il r I '.: , 'I,~ L . . ,......._t:ch~...~..;' , -.... --'-- u;.t. rh1 ....;:.r~ ;'1' " '-' .' "._,,~s:~t~.... ~=::~:'_:=:~:~,:~::, ..:.......-.!. ~ t~,~.. ., ,~: "ill- ~"'.""~'"'>.~ ~#f.i',,$'ttt;nfj~'_'~1I'~1,'VI-,!"J",-'f-'iY i i: ~~ 3 OF 5 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN PlEAseTYPiE .'. . . DO NOrDETACHANVCOPlES. . 2 COURT NUMBER 02-18 civil O~-1Ilc>3 4 TYPE OF WRIT OR COMPLAINT: 1 P.LAINTIFF/SI Mark A. Hughes et al 3. DEFENDANT/S/ Reuben B. Lapp indo & t/d/b/a Quality Fencing & Supply et al SERVE {5' NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC. TO BE SERVED. ~ Quality Fencing & Supply, Inc. ..".. 6. ADDRESS (Street or RFD. Apartmenl No., City. Boro. Twp.. State and ZIP Code) AT 622 N. Shirk Road New Holland, FA 17557 7. INDICATE UNUSUAL SERVICE: ~ DEPUTIZE 0 OTHER Cumberland Now, March 11 20 02 . I, SHERIFF OF i ... I L COUNTY, PA., do ~~~u!!ze the Sher'I Lancaster County to execute this Wri ~Ol to law. This deputation being made at the request and risk 01 the plaintiff. SHERIFF 0 CO UN 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland Writ of Sumnons ;3: H (fl n ~ 1-3 t' i\; 'C NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching aoW property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE 01 ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE KEITH BRENNEMAN ESQ 717-697-8528 3/8/02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This araa must ba complated if notice is to be maned) CUMBERLAND CO SHERIFF UgESEt.OW.;FOR USE OF SHeA'F'...LY...... .00 .....RlTE 13.1 acknowledge receipt olthe writ t NAME 01 Authorized LCSO Deputy or Clerk 14. or complaint as indicated above. r ANNETTE WALTON 717-295-3609 3/13/02 16. I hereby CERTIFY and RETURN that I 0 have personally served,...miVe legal evidence of service as shown in "Remarks", 0 have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above oron the individual. company. cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of in~Cd (~o: shown abpe) (Re~i~ns~ to l>a~~, 19 O:e~BelOW(NO.30) 20. Address of where served (complete only if different than shown above) (StreetorRFO,Apartment No., City, Bora. Twp. 21. Date of Service 22. Time State and Zip Code) 3-;10- oa.... <6:~ AM -- EST ElIS.I.. 23. ATTEMPTS Dep. Int 24. Advance Costs 25. S.T.A.: 34. 5~P~~":;i~re of 35. Signature of 37. ,. WHITE, Issuing Authority 2. PINK, Attorney 3. CANARY, Sheriff's Office 4. BLUE. Sheriff's Office _-.J . ~......-.,. .~ .. ~, ~~ {"- x '" '(- ... at ..+,_",>,,::~:5.~~~; "'#""l!!"'~-"'''"''''''': u.......,;,u.;.._i-<".., ' mI.;.' !;' ~tU '#m~. 4 Sf " ..,..----~<...,-_.' '.Jlj(:::~:~~(1[t\ibj1, ..~ : l i\l~ ,\f~, ~-;."_.;;-" ~:,-.'~ j -i: ,,'t'-: ...<! ~ 5 OF 5 SHERIFFo,S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 0 (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN I .... 1 PLAINTIFF/S/ Mark Ao Hughes et al 3 DEFENDANT/S/ Reuben Bo Lapp indo & t/d/b/a Quality Fencing & Supply SERVE { 5. NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC.. TO BE SERVED. IIIIIIIil... Universal Poly Products LTD fonnerly Quality Fencing & Supply LTD ..". 6. ADDRESS (Street or RFD. Apartment No.. City. Boro, Twp., State and ZIP Code) AT 622 No Shirk Road New Holland, PA 17557 7. INDICATE UNUSUAL SERVICE: Ii. DEPUTIZE 0 OTHER Cumberland Now, MarCh 11 20 U~ ,I, SHERIFF OF ~~ _ COUNTY, PA., do hereb Lancaster County to execute this Writ a to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 02 -f3Ili1 civil 4 TYPE OF WRrT OR COMPLAINT Writ of SUnmons :;: CIl H n ~ t-3 t" ~ 'tl NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching MY property under within writ may leave same without a watchman, in custOdy of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE 01 ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE KEITH BRENNEMAN 717-697-8528 3/8/02 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This.... must be completed if notice is to be mened) CUMBERLAND CO SHERIFF $PAC!8EI.OWji:.UIJIQF SHeR'ji:F0t4" ......b() ttOt RITE Rt:OWmt$;UNE NAME 01 Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date 13. I acknowledge receipt of the writ t orcomplaintasindicatedabove. r ANNETTE WALTON 717-295-3609 3/13/02 4/5/02 16. I hereby CERTIFY and RETURN that I 0 have personally served, lHI'81e legal evidence 01 service as shown in "Remarks", 0 have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual. company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relation to Defendant) 19. ~ .l.M~~.- o No ServIce See __ Below (No. 30) 21. Date of Service 22. Time ~ 20. Address of where served (complete only if different than shown above) (Street or RFO, Apartment No., City, Bora, Twp. State and Zip Code) '3.olfr Cd.. jl', '.i?,S" ...... - EST - 23. ATTEMPTS /D~ Dep.lnt. 24. Advance Costs * S.T.A.: 34 tJOl- g~p~~:rW{e of 35. Sign 31. 37. 1. WHITE, Issuing Authority 2. PINK, Attomey 3. CANARY, Sheriff's Office 4. BLUE, Sheriff's Office .. -:':> ~ ----- .. ;'1.8.."3." t..~. '~..' . '., ,r c"'...,...... , ,""',:, "~. ""'. -.;~" . . . __.)!!i!:;:t~')(';1l1 , , ":, :l..i,,:;:;,;.~'r ki j iL R:!~1i t~CJ~:1i: 1. . w'~ :".[: n ;,' ~,."~'; _'^ ... .,... ~..~ ._.,.... ,.. ...--t } ,vr:~ ~' 1: ~;2 ~J .-"j . ." "j",J\ i T 'It'( I~ :1"1 ~(; il ,Il lli t." t;;; ~ i!",. -=.,.." -, ."...;.. '!J ;;~;;Jt;t~W,'iA 'f"tj',:) 3';'1):" nf It;;' 1VHii,'('fd ~ 1f'I;A,"dt,-: !JfJ{! '"'.:':W-: Ie h.q '..:In) . 4t~ ~-ii'ii:~i :i' t:' X~} it:: .W:" ~~ lP:tf,:PH. '~~t 1.11:;1 :. 'je ~ij15~'i:';11:i.i'li' r:~{--;j:~'~iF . e. r'-- i~; \. ';<;" 1...1:; I , , I I l "'\::' \ .' f ,. : .:,; - 1 :-;;J;rts~~.HQ~ i :";~J :ir,)~:':\\.>'f,': ".,". , ;illIl'.. -,{..,"'l;t..l "r .' . ~ <:'illf, '1M. ~ -~;, lj . .,;'" ; .:1 ,,' "'. - ~1f.a:r !,~"1ii:I;''j;.' .. ;:~~~lfO~~~~r~,:L-~ . :" \'L:.;L " ':1i{i;" .;, ';, ;~!' ,> ~I; '.. 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I k 'I ~ j .~ 1 ;. --.fff....,,"'...~....~ _L "'W'i'i.w..;. ~ ,p1;r!1 10" I . .., $;.1 "I uW. " .ill ..f! '"" H~i- ;.1' 1- .' .. .., "qif. . " ". ,~",~,,""'r.)"" ~,,';\' , _", .. 'f l'~ "\.' 'll1i i~ i,'C"; : ~ ,!Ittlflf...k....~~-:-;.. '":o:.y'''''' .:_.~~;:.,,,~w ' "4"'" ...... ~ '"4,' .~'.. ...... ,m l. !.~..r,l,r"ll.:.'l~ '~'. ~ :, ,'i' r ;\~) " ':~;~:;~)'::;;:~.~~!~f~,:~"". .. ,'=-:'-, ~.u,_" .~,,:':~:.';:~~:~,.:.~:::~r.:' ' .~;~~;x~hi:r <.,,,\J. :', ,~t1l1IC'!'J~'tUia;:91!~;" ~:!~". ;M',:~ $~~'R!u"~~,,,:,"lpMajl,lf~. J!;"'~"ll "'L':#tJt'''! ,~. I " ~!; . ,'--'-' . k..(;!~n~ ';'.1': 'j.. ,(.~ l'i V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-1163 MARK A. HUGHES AND SHERRY L. HUGHES, PLAINTIFFS REUBEN B. LAPP, AMOS B, LAPP and JOHN KLAPP, JR., QUALITY FENCING & SUPPLY QFS OUTLET, A DIVISION OF QUALITY FENCING & SUPPLY, QUALITY FENCING: & SUPPLY, INC., UNIVERSAL POLY PRODUCTS, L TD, formerly QUALITY FENCING & SUPPLY, LTD., : JURY TRIAL DEMANDED DEFENDANTS PRAECIPE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiffs to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. RULE TO FILE A COMPLAINT AND NOW, this ~ay of ~ ,2002, a RULE is hereby granted upon Plaintiffs to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. C) 0 0 c: N "i" ;;: :r. ._~ "'On:; ;po :;~;; ~rr. -< :J.: I ,en 65~; ',-, ,.0 ~ I "'r"" ~Cl ~, (') " i,: -ri ~o :::::c 2(") 5>8 N 6rn ~ ~ -:.n :iJ c..:> -< THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire P,O, Box 999 305 N, Front Street Harrisburg, PA 17108-0999 (717)237-7153 MARK A. HUGHES AND SHERRY L. HUGHES, PLAINTIFFS V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW REUBEN B. LAPP, AMOS 8. LAPP and JOHN K LAPP, JR.. QUALITY FENCING & SUPPLY QFS OUTLET, A DIVISION OF QUALITY FENCING & SUPPLY, QUALITY FENCING: & SUPPLY, INC., UNIVERSAL POLY PRODUCTS, LTD. formerly QUALITY FENCING & SUPPLY, LTD., : JURY TRIAL DEMANDED DEFENDANTS NO. 02-1163 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for Defendants, Reuben B. Lapp, Amos B. Lapp and John K Lapp, Jr., individually and tla and d/b/a Quality Fencing & Supply, Quality Fencing & Supply, Inc., Universal Poly Products, L TO, formerly Quality Fencing & Supply, LTD. in the above-captioned case. Thomas, Thomas & Hafer, LLP by Date: 5/8/02- CERTIFICA TE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Keith O. Brenneman, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg, PA 17055 Thomas, Thomas & Hafer, LLP Date: 5/ c:a:, /OZ- c J. 0, 305 N. Front St P,O. Box 999 Harrisburg, PA 17108-0999 () Cl 0 C N -n S :x .:::l ""00-' :t'"' :1- --n t:prn -< rl1p ~::o I ~S~ ZC (J.J <'C: \.0 " ::<=;.<' r:::,..~ ~C -0 t'~5~n 'j>~ ...... ",0 zt..-. Om >2 ~ -'-! :?.: 'Jl ~ :< (.) -< THOMAS, THOMAS & HAFER, LLP Michele J, Thorp, Esquire P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7153 MARK A. HUGHES AND SHERRY L. HUGHES, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 02-1163 REUBEN B, LAPP, AMOS B. LAPP and JOHN KLAPP, JR., QUALITY FENCING & SUPPLY QFS OUTLET, A DIVISION OF QUALITY FENCING & SUPPLY, QUALITY FENCING: & SUPPLY, INC., UNIVERSAL POLY PRODUCTS, L TD, formerly QUALITY FENCING & SUPPLY, LTD., : JURY TRIAL DEMANDED DEFENDANTS CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of Rule to File Complaint dated May 9, 2002, to the foregoing by first class mail, postage prepaid, addressed to the following: Keith O. Brenneman, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg, PA 17055 Thomas, Thomas & Hafer, LLP Date: 5/1 LajD L.. L - .,..""."''',._...~,..,,,'''' ' g 0 0 N ~"n ~ :l!:. -00:) ]:'''* n-~rT ,,~ Z"'" :zC;:, !'..) ~;;. 0 ~C ~ j>.f..... :1::: :~)~S Z-...( ~.~_ ( 1 5 ;~.~,n J>c. Z J) -:,t> :2. <::> ~ '. 'm__'~'ft_,,,_,,,, ,...". - MARK A. HUGHES and SHERRY L. HUGHES, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANI v. : NO. 02-1163 CIVIL REUBEN B. LAPP, AMOS B. LAPP and JOHN K. LAPP, JR., individually and trading and doing business as QUALITY FENCING & SUPPLY, QFS FACTORY OUTLET, a Division of QUALITY FENCING & SUPPLY, QUALITY FENCING & SUPPLY, INC. and UNIVERSAL POLY PRODUCTS, LTD., formerly QUALITY FENCING & SUPPLY, LTD" CIVIL ACTION - LAW Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the followi g pages, you must take action within twenty (20) days after this Complaint and Notice are serve , by entering a written appearance personally or by attorney and filing in writing with a court y ur defenses or objections to the claims set forth against you. You are warned that if you fail to d 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE By: (h11/VL-- Attorneys for Plaintiffs MARK A. HUGHES and SHERRY L. HUGHES, Plaintiffs IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYL V ANI v. : NO. 2002-1163 CIVIL REUBEN B. LAPP, AMOS B. LAPP and JOHN K. LAPP, JR., individually and trading and doing business as QUALITY FENCING & SUPPLY, QFS FACTORY OUTLET, a Division of QUALITY FENCING & SUPPLY, QUALITY FENCING & SUPPLY, INC. and UNIVERSAL POLY PRODUCTS, LTD., formerly QUALITY FENCING & SUPPLY, LTD., CIVIL ACTION - LAW Defendants COMPLAINT Plaintiff Mark A. Hughes by his attorneys, Snelbaker, Brenneman & Spare, P. C. files this Complaint and in support thereof states the following: BACKGROUND 1. Plaintiff Mark A. Hughes is an adult individual residing in Upper Allen Township, Cumberland County, Pennsylvania. 2. Defendants Reuben B. Lapp, Amos B. Lapp and John K. Lapp, Jr. are adult individuals with a business address of 622 N. Shirk Road, New Holland, Pennsylvania. 3. Defendants Reuben B. Lapp, Amos B. Lapp and John K. Lapp, Jr. (sometimes referred to as "Defendants Lapp"), do business under the assumed or fictitious name Quality Fencing & Supply. LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE 4. Defendant QFS Factory Outlet is a business name and/or entity with an address of 22 State Street, Lemoyne, Pennsylvania which at all times relevant hereto was under the owners ip and/or control of Defendants Lapp. 5. In the alternative to Paragraph 4, above, Defendant QFS Factory Outlet at all times relevant hereto represented itself to be and held itself out as a division of Quality Fencing & : I Supply or Quality Fencing & Supply, Inc., both of which are under the control and ownership ff Defendants Lapp, with an address of 922 State Street, Lemoyne, Pennsylvania. I 6. Defendant Quality Fencing & Supply, Inc. is a Pennsylvania business corporation i which Defendants Lapp are the officers and/or directors, with a business address of 622 N. Sh'rk Road, New Holland, Pennsylvania. 7. Defendant Universal Poly Products, LTD ("Universal") is a Pennsylvania business corporation formerly known as Quality Fencing & Supply, LTD, under the control and ownership of Defendants Lapp, with a business address of 622 N. Shirk Road, New Holland, Pennsylvania. 8. On or about March 14, 2000, Plaintiff Mark A. Hughes and Plaintiffs contractor w nt to the business address of QFS Factory Outlet to look at materials for purposes of constructin a deck to be attached to Plaintiffs residence in Upper Allen Township, Cumberland County, Pennsylvania (hereinafter "Plaintiffs Residence"). 9. At all times relevant hereto, Plaintiffs contractor was acting as an agent and/or representative of the Plaintiff. 10. On March 14,2000, Plaintiff Mark A. Hughes with his contractor inspected a s pIe of decking material made available to them for inspection at QFS Factory Outlet. 11. Based upon representations made to Plaintiff Mark A. Hughes by an employee or authorized agent of Defendants Lapp, QFS Factory Outlet, Quality Fencing & Supply and/or LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Quality Fencing & Supply, Inc., Plaintiff Mark A. Hughes, through his agent, purchased on M""h 14, 2000 ITom nor""d",,' QFS Factory Outlot, Quality Foncing & Supply ""dlo' Qua+ -2- Fencing & Supply, Inc. a quantity of decking material for installation on a small third floor de k of Plaintiffs Residence. 12. On March 14, 2000, Plaintiff received and accepted delivery of the decking materi 1. 13. After March 14,2000 and prior to May 13,2000, Plaintiff Mark A. Hughes authorized and directed his agent to purchase on his behalf additional decking material of the same kind or type purchased by Plaintiff on March 14, 2000. 14. On May 13,2000, Plaintiff Mark A. Hughes purchased from Defendant QFS Fact ry Outlet, Quality Fencing & Supply and/or Quality Fencing & Supply, Inc. through his agent, additional decking material of the same kind or type that had been purchased on March 14,20 O. 15. By May 15,2000, Plaintiff Mark A. Hughes received and accepted delivery of the decking material. 16. From on or about May 15 to on or about June 1, 2000, Plaintiff Mark A. Hughes installed and erected and assisted in the installation and erection of the decking material purchased on May 13, 2000 as part of a second and third floor deck on part of Plaintiffs Residence. 17. After installation of the decking material identified above and in the Summer of 2000, Plaintiff Mark A. Hughes observed that the decking material identified above was bowi g, expanding, contracting, cracking and breaking. In addition, the decking material caused the screws used to attach it to the framing lumber to break and to twist and contort the cedar rails and wood to which it was attached. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 18. Due to the bowing, expanding, contracting, cracking and breaking of the decking flooring material, the decks erected and attached to Plaintiffs Residence are unusable and uns fe. -3- COUNT I Plaintiff Mark A. Hughes v. Defendants Reuben B. Lapp, John K. Lapp, Jr., Amos B. Lapp, Quality Fencing & Supply, Quality Fencing & Supply, Inc. and QFS Factory Outlet Breach of Express Warranty 19. The averments of Paragraphs 1 through 18, inclusive, of this Complaint are incorporated by reference in this Paragraph in their entirety. 20. On March 14,2000, an agent, representative or employee of the Defendants Lapp, Quality Fencing & Supply, Quality Fencing & Supply, Inc. and/or QFS Factory Outlet, prior t the purchase of decking material made reference to in Paragraph 11, above, represented to Plaintiff Mark A. Hughes that the material Plaintiff inspected on that date and subsequently purchased on March 14,2000 and May 13,2000 was suitable for use as material for an exteri r, outside deck structure and had a lifetime warranty. 21, Based on the representations as noted above, Plaintiff decided to purchase and di purchase the deck material on March 14,2000 and May 13,2000 and installed and erected th deck material. 22. For the reasons set forth in Paragraph 17, above, Defendants materially breached he terms of the express warranty that the material purchased was suitable for use as material for exterior, outside deck structure. 23. As a direct, factual and proximate result of the breach of express warranty noted above, Plaintiff has incurred and will incur the following losses and damages: a. Cost/charges for deck material: $3,547.00 LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE b. Decking and framing screws: 200.00 -4- LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE c. Cost of labor to remove material: 800.00 d. Cost of labor to replace decks: 2,900.00 Total: $7,447.00 WHEREFORE, Plaintiff Mark A. Hughes demands judgment, jointly and/or severally, against Defendants John K. Lapp, Jr., Amos B. Lapp, Reuben B. Lapp and Quality Fencing & Supply, Quality Fencing & Supply, Inc. and QFS Factory Outlet in the amount of $7,447,00 together with interest and costs of this action. COUNT II Plaintiff Mark A. Hughes v. Defendants Reuben B. Lapp, John K. Lapp, Jr., Amos B. Lapp, Quality Fencing & Supply, Quality Fencing & Supply, Inc. and QFS Factory Outlet Breach of Express Warranty 24. The averments of Paragraphs 1 through 23, inclusive, of this Complaint are incorporated by reference in this Paragraph in their entirety. 25. After Plaintiff observed and learned of the condition of the decking material after ts installation as described in Paragraph 17, above, Plaintiff made repeated attempts to have Defendants remedy and fix the defects in the decking material that was purchased. 26. Although Defendants' representative from QFS Factory Outlet observed the decki g material in the condition described in Paragraph 17, above, Defendants failed and refused to -5- remedy or fix the condition ofthe material by replacing or fixing same. 27. Defendants' failure to remedy or fix the defects in the decking material constitutes a I breach of the express warranty that the material purchased by Plaintiff had a lifetime guarantyj 28. As a direct, factual and proximate result of the breach of express warranty noted above, Plaintiff has incurred and will incur the following losses and damages: a. Cost/charges for deck material: $3,547.00 b, Decking and framing screws: 200.00 c. Cost of labor to remove material: 800.00 d. Cost oflabor to replace decks: 2.900,00 Total: $7,447.00 WHEREFORE, Plaintiff Mark A. Hughes demands judgment, jointly and/or severally against Defendants John K. Lapp, Jr., Amos B. Lapp, Reuben B. Lapp and Quality Fencing & Supply, Quality Fencing & Supply, Inc. and QFS Factory Outlet in the amount of $7,447.00 together with interest and costs of this action. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -6- LAW OFFICES SNELBAKER. BRENNEMAN B: SPARE COUNT III Plaintiff Mark A. Hughes v. Defendants Reuben B. Lapp, John K. Lapp, Jr., Amos B. Lapp, Quality Fencing & Supply, Quality Fencing & Supply, Inc. and QFS Factory Outlet Breach ofImplied Warranty of Fitness For a Particular Purpose 29. The averments of Paragraphs 1 through 28, inclusive, of this Complaint are incorporated by reference in this Paragraph in their entirety. 30. At the times of the purchases by Plaintiff on March 14, 2000 and May 13, 2000, Defendants Lapp, Quality Fencing & Supply, Quality Fencing & Supply, Inc. and/or QFS Factory Outlet, by their agent, representative and/or employee, had reason to know that the material being purchased would be utilized as decking material for use on an exterior outside deck structure. 31. At the times of the purchases by Plaintiff on March 14,2000 and May 13,2000, Defendants Lapp, Quality Fencing & Supply, Quality Fencing & Supply, Inc. and/or QFS Factory Outlet, by their agent, representative and/or employee, had reason to know that Plainfff was relying on the skill or judgment of said agent, representative and/or employee to select or furnish suitable goods or material. 32. Defendants Lapp, Quality Fencing & Supply, Quality Fencing & Supply, Inc. and or QFS Factory Outlet impliedly warranted that the deck material was fit for the particular purpo e of use as part of an exterior outside deck structure. 33, For the reasons set forth in Paragraph 17, above, the deck material purchased was ot fit for the particular purpose of its intended use. -7- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 34. For the reasons set forth above, Defendants Lapp, Quality Fencing & Supply, Qu4ty , Fencing & Supply, Inc. and QFS Factory Outlet materially breached the implied warranty of fitness for a particular purpose, 35. As a direct, factual and proximate result of the breach of implied warranty noted above, Plaintiff has incurred and will incur the following losses and damages: a. Cost/charges for deck material: $3,547.00 b. Decking and framing screws: 200.00 c. Cost of labor to remove material: 800.00 d. Cost oflabor to replace decks: 2,900.00 Total: $7,447.00 WHEREFORE, Plaintiff Mark A. Hughes demands judgment, jointly and/or severally, against Defendants John K. Lapp, Jr., Amos B. Lapp, Reuben B. Lapp and Quality Fencing & Supply, Quality Fencing & Supply, Inc. and QFS Factory Outlet in the amount of $7,447.00 together with interest and costs of this action. -8- LAW OFFICES SNELBAKER. BRENNEMAN 8< SPARE COUNT IV Plaintiff Mark A. Hughes v. Defendants Reuben B. Lapp, John K. Lapp, Jr., Amos B. Lapp, Quality Fencing & Supply, Quality Fencing & Supply, Inc. and QFS Factory Outlet Negligent Misrepresentations 36. The averments of Paragraphs I through 35, inclusive, of this Complaint are incorporated by reference in this Paragraph in their entirety. 37. The representations made by Defendants' agent, representative and/or employee a set forth in Paragraph 20 were false and misrepresentations. 38. The misrepresentations made as identified above were of material facts, 39. The misrepresentations made as identified above were made under circumstances where the agent, representative and/or employee ought to have known of their falsity. 40. The misrepresentations made as identified above were made with the intent to ind ce Plaintiff to act upon them. 41. Plaintiff Mark A. Hughes acted upon the misrepresentations by purchasing the de k material as set forth above. 42. Plaintiff Mark A. Hughes justifiably relied upon the misrepresentations as set fort above. 43. As a direct, factual and proximate result of the misrepresentations made and reli thereon as set forth above, Plaintiff sustained the damages and losses as set forth in Paragraph 23. WHEREFORE, Plaintiff Mark A. Hughes demands judgment, jointly and/or severally, against Defendants John K. Lapp, Jr., Amos B. Lapp, Reuben B. Lapp and Quality Fencing & -9- LAW OFFJCES SNELBAKER. BRENNEMAN 8< SPARE Supply, Quality Fencing & Supply, Inc. and QFS Factory Outlet in the amount of $7,447.00 together with interest and costs of this action. COUNT V Plaintiff Mark A. Hughes v. Defendant Universal Poly Products, LTD. Strict Liabilitv 44. The averments of Paragraphs 1 through 43, inclusive, of this Complaint are incorporated by reference in this Paragraph in their entirety. 45. Defendant Universal is in the business of selling and supplying decking material. 46. The decking material purchased by Plaintiff was manufactured, sold and/or suppli d by Defendant Universal, formerly known as Quality Fencing & Supply, LTD. 47. The decking material manufactured, sold and/or supplied by Defendant Universal was expected to and did reach Plaintiff, a consumer, without substantial change in the conditi n in which it was sold. 48. For the reasons set forth in Paragraph 17 and 18, above, the decking material manufactured, sold and/or supplied by Defendant Universal to Plaintiff was in a defective condition and unreasonably dangerous to Plaintiff, the user, his wife and his or their property. 49. Due to twisting, bowing, expansion and contracting of the decking material, the cedar rails and wood to which the decking material was attached was contorted and damaged d the cedar posts upon which the decks rest are in danger of breaking. -10- LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE WHEREFORE, Plaintiff Mark A. Hughes demands judgment against Defendant Universal Poly Products, L TD in an amount representing the cost to repair and replace the damaged cedar wood of the deck rails, together with interest and costs of this action. The amounts claimed as damages herein, exclusive of interest and costs do not exceed he jurisdictional amount established for mandatory arbitration in Cumberland County. SNELBAKER, BRENNEMAN & SPARE, P. C. V1t1~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs Mark A. Hughes and Sherry L. Hughes .;" Date: lJlIhf > I ep~ z.. -11- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. _k~ Date: '0 ~t ~ Zli'l., CERTIFICATE OF SERVICE I , I I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Michele 1. Thorp, Esquire Thomas, Thomas & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 V11~ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Mark A. Hughes Date: June 5, 2002 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ..... f'~ ~:-:: tu "~,"" (--.,:, ;.~.'-- C;- ( 'f." (~) ..' 1_ ", L' _...1 a:: /. Ll Ci G f. r') C"") c: C:~ ~': .c-'" ~j C) ., SYLCAR CONSTRUCTION CORPORATION, a CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION AT LAW V. L. RENDINA, INC., a CORPORATION, Defendant NO. 02-1162 CIVIL TERM NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without 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. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6 0 " , , SYLCAR CONSTRUCTION CORPORATION, a CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION AT LAW V. L. RENDINA, INC., a CORPORATION, Defendant NO. 02-1162 CIVIL TERM AMENDED COMPLAINT AND NOW comes the Plaintiff, sylcar Construction Corporation, by and through their attorneys, Dissinger and Dissinger, and represent the following: 1. The Plaintiff is sylcar Construction Corporation, a corporation, whose principal business is located at 1117 Cedar Avenue, Croydon, Bucks County, Pennsylvania, 19021. 2. The Defendant is V. L. Rendina, Inc., a corporation, whose principal business is located at 315 Primrose Lane, Mountville, Lancaster County, Pennsylvania, 17554. 3. The parties entered into a contract to do business in Wormleysburg, Cumberland County, Pennsylvania. 4. Work began under the contract in September of 2001 and continues today. All matters complained of herein arose from matters occurring in Cumberland County, Pennsylvania. 5. Plaintiff does business in the construction industry as a subcontractor. 6. Defendant does business in the construction industry as a general contractor. COUNT I BREACH OF CONTRACT 7. The prior paragraphs of this Complaint are incorporated herein by reference thereto, as if set forth in full. 8. On June 07, 2001, Plaintiff, by its agent, Charles J. Sylvester, and Defendant, by its agent Victor L. Rendina, executed a certain written agreement for work to be performed by the subcontractor, Plaintiff, that included wall framing and wood trusses. A true and correct copy of the agreement is attached hereto and marked as Exhibit "A." 9. Said work formed part of a general contract between Defendant and LCL Equity Management Company. 10. The Plaintiff has substantially fulfilled all the provisions of the agreement on their part to be performed. 11. The Defendant has not fulfilled the provisions of the agreement on their part to be performed, namely payment for services rendered. 12. The original contract agreement was for one hundred thirty-five thousand four hundred ninety ($135,490. OO) dollars. 13. Additional work was ordered after construction began which was agreed to by Plaintiff and Defendant through verbal and written Change Orders amounting to an additional sixty-six thousand four hundred sixty-seven dollars and twenty cents ($66,467.20) . " 14. The contract specified the following payment terms: a. Defendant was to pay Plaintiff in monthly progress payments in the amount of ninety (90%) percent of the payment application submitted. b. Payment applications were to be in writing and forwarded to Defendant on the fifteenth (15th) day of each month. c. Defendant was to pay Plaintiff within seven (7) days after Defendant received payment from the owner. d. Final payment was to be made within thirty (30) days of Defendant's receipt of final payment from the owner. 15. Defendant has failed to make payment to Plaintiff according to the afore-mentioned terms. 16. Defendant hired temporary help for certain work under the contract between Plaintiff and Defendant. 17. Defendant is in breach of the contract for failing to give proper written notice to Plaintiff of Defendant's intention to hire temporary help, as required in paragraph thirteen (13) of the contract. 18. Under paragraph six (6)c of the June 07, 2001 contract, Plaintiff has the right to stop work at the construction site for non-payment of services rendered. 19. On February 08, 2002, Defendant was notified in writing " by Plaintiff's counsel that the contract had been breached by Defendant. 20. On February 08, 2002, Plaintiff provided written notice to Defendant that if payments due were not received, sylcar Construction Corporation would stop work and leave the job site. 21. Total payments to sylcar Construction Corporation have been made in the amount of one hundred eleven thousand one hundred sixty-four ($111,164.00) dollars. 22. Defendant has failed and refused, and still refuses, to cure the aforesaid breaches, despite Plaintiff's repeated demand. 23. The reasonable cost of remedying the aforesaid breaches is in excess of sixty-three thousand eight hundred sixty-four ($63,864.00) dollars. WHEREFORE, Plaintiff demands judgment in excess of sixty-three thousand eight hundred sixty-four ($63,864.00) dollars which represents the balance due from the contract and additional Change Orders, together with interest, damages for delay, costs and expenses, and reasonable attorneys' fees, which amount is beyond the limits for compulsory arbitration in Cumberland County. COUNT II UNJUST ENRICHMENT 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto, as if set forth in full. " 25. Defendant accepted and received the benefit of having the work contracted for substantially completed, but failed to honor their contractual obligation to provide payment. 26. Defendant was unjustly enriched in the amount of forty- four thousand two hundred sixty-seven dollars and fifty cents ($44,267.50) . WHEREFORE, Plaintiff demands judgment in excess of sixty- three thousand eight hundred sixty-four ($63,864.00) dollars which represents the balance due from the contract and additional Change Orders, together with interest, damages for delay, costs and expenses, and reasonable attorneys' fees, which amount is beyond the limits for compulsory arbitration in Cumberland County. COUNT II I VIOLATION OF THE CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT 27. The prior paragraphs of this Complaint are incorporated herein by reference thereto, as if set forth in full. 28. The contract in question called for improvements to real property which consists of more than six (6) residential units under construction simultaneously, therefore, the Contractor and subcontractor Payment Act applies. 29. Plaintiff, the subcontractor, has performed in accordance with the provisions of the contract. 30. Defendant, the general contractor, failed to pay Plaintiff in accordance with the contract. 31. Defendant gave no reason to Plaintiff for the breach of the payment terms. 32. Prior to the execution of the subcontract, Defendant failed to disclose to Plaintiff the due date of receipt of payments from the owner. 33. Defendant wrongfully withheld payment from Plaintiff. WHEREFORE, Plaintiff demand judgment in excess of sixty- three thousand eight hundred sixty-four ($63,864.00) dollars which represents the balance due from the contract and addi tional Change Orders: together with one (1 %) percent interest per month and one (1%) percent penalty per month as provided for under the Contractor and Subcontractor Payment Act, as well as reasonable attorneys' fees, costs and expenses. Respectfully submitted, VERIFICATION I, Charles J. sylvester, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification. /0~ h.arles J. Agent for: Sylcar Construction Corporation 01/01/1994 05:34 2157885686 PAGE 09 lit ~~w;.\~~?~1 I ~.,_ ,[' ,." L. RENOlNA.'NC, ~'tr,;:: :"_ ' ;~':: ': ,.,.:.:. '~. :J';;I ,....... "- ".' .... 1....~-4..':-....;....~.~ . .eneral vur~aC.u.n. ~~ :-;~"'~~'j~-::;..C~'U "'. AIIr1l /Glft!Is: P,O.1lCl:l 4lS44. UIaIlIr,"'" .:~ ~~ ,"~" 0IlIee ~ 315 PIhlO$e Ln. MoImIe. All._. ........,- YB.LC7NI~IN'" -.u..... _,_.... SUBCONTRACT Telephone (71'n 286-3171 FAX I (717) 28S-3493 m4fs i\grtanmt, Made this " 7"' day of June ~1 - by and betwun SYl.CAR CON8TRUC11ON CORP. 11'17 c..Nr........ Oroydoll PA 11021 bereiaafter caUed the Subcoolractor IlIId V. L. lteacllna, Inc., beJeinafler c;allcd thr. Contral:tor. Project: FAIRMOUNT PARK APAftTMINTS 1000-1100 RupIIy RoacI c.mp ttII PA 11011 lN8IM do LCL MANAGEIIINf j22RaUM4t1w.st hnlpplny NJ 01054-23$1 0wDu; Architect: THE IIAR'1"IlI ARCHI'I1!CTURAL GROUP XO H6rttl ~ StRtt PIAl 11'''_ PA 1.103 !naiDeer: $KI!1.L V" LOIINC 2a01 Nodh FIOnI SWtt Hmilburl PA m to . ...ne ConInIculr and SubcontrllClO1' aarw 8$ set I'orth belcno. ,.'~ 1. CONJ1Lo\CF DOCtJMBNTS: a. TIle CoatraCl ~ments for this Subcontract coll$ists of the AarcementlUld any ExlIlbits atlal:hed hereto, the AJfUml!llt ~ the Owuer and c~ dated . the ColldiUons of the Contract between the OwDer aDd CoutrllCcor, DrawlD&S <I ). Spc:c11lcati0Q.S (I ) all AddcDda Issued prior to execullon of the A8mcmcnt between ~ Owner aDlI Contractor and all MoolI~Il1OQS bsQed subxqueDt thereto. b. All of the above cloeumelltS lI'e a part of thb SubcoIIlrllc:t. haw been reviewed by the subcootraCtor aDd shall be available for use by the Subwlltractor \lPOD his request. 2. WOJUC ro BE Jt'ERI'OItMED: The Su~\8'm~," ~riaJs to be turnlsbW an4 work to be doue by the Subcooa:actOC' are: ~JOO-1 am WJIU FJUIMlNG (Labor only -IN Jraachmenl A for scope or work) 08-06110-1 . WOOD TRUsses (I.aor onft . se. Altacllmem A lor KOpe oJ wort;) In additioa to the aboYe. ~ Subl:oatractor is bouDd by Ankle 118 ~ herewltll. IffiI TIME OF COMMENCEMENT AND COMPLEnQN OF WORK: a. Tile Sub<:ontracto~ agrees to commence his work on 17 aDd sIl.all COOIJ'IW' hls 1olOI'1< within a perlod of moDlhs. OC' by . wb.iehc~r shall or;cur lOner. FOr failure to comme:oce IIlII COIIlPlete bis llIOI'k 00 time. the $u&contractor sh81l be subject to'aamllges and n:mcdiC$ by the Cont~actor as sel forth in other por~ of thi:; Agreemellt. J rD' ~ccpta"f5# · c'c,."/Y. Yh tCb-y I .. SeM.... EXHIBIT hIlt I of' "A" 01/01/1994 05:34 2157885686 PAGE 10 4. EXCLUSIVITY; This Document includes all the IlZreemenlS between the Conlractor and the Subcontractor for the specific Projcct named herein, and ~y change" hereto shall b<: made In writing and executed by ooth the Contrac:tor add Subcontractor. S. S;CONTRAcroR~S RESPONSlBIlJ'l'tt&. The Subcontrattor apes: a io be bound 10 the Contractor by the teTlllS of this Agreement and of the Con\T2ct Documents between lhe Owner and Conlroc- and sha assume toward Ihc Contr2CIor all the obligations and responslbilltles which the Contractor. by tho5C Documen.,. lL...~umes toward , Owner. alld shallllave thc benefit of all rights, remedies and redress against the ConlTattor which the Contrac:tor, by Ih(l5C Document", h~s "gain.~t Ihe Owner, insofar... appllcallle 10 this SubconIU<;t. provided that where any provisions of Ihe Contract Dt><:umenl~ ~Iween Ihe Owner and ConlTaetOt is lncomistenl with any provi5iOl1$ of tbis Agteemenl, this Agreement ,hall govern. (b) To submit to the Contraclor applications for payment in such reasonablc time as to en.able Ihe Contraclor to apply to the Architect for payment. (c) To malee all clalm$ fOf exttaS. for extensions of time and for damages for delays or otherwioc. 10 the Contrnctor in writins befaTe proceeding to execute S\lell work_ (d) That this Subcontnet shall not be aM-igned unlC$$ thc Conlractor shall first <:onsentlhereto in wrilinS- (e) To lalte out and pay for Employer's Liabilily or ~rIter's Compensation Insurance as required by the Slate in which the work i~ being performed. ~ (I) To pay all social security, unemplo)'lIl~ .:ompcn,ation, sales or olher laxes or ehirges allSessed ag:lillstlhe wases (lr salary of Ille Subconlractor's employees or officers or againsl sn)' mslerials I1$Cd in the pcrfonnana; of \his SubcOntract. (g) To indemnify Ihe Contractor ./:oinsl the cblms of all materialmen and employee, of the SubeOlltraclnr, including Court costs and anomey's fees Incurred In the defense of 1111)' litigation instituted by any officer, employee, laborer or malerialmen of Ihe Sul>contrnetor, 10 which Ihe ContnlClor Is made a party. (h) Th fIlrn!s!' as a condition 10 obtaining paymellts bereunder an releases, dlseharges or other In~umenls thaI may he required 10 release Ihe atnK:lun: from any and all claIms, demands, sull~, of whalever kind Of nature, arising out of Ihe performance of thi" SubCllntract. (i) To provide adequate inSUfllnce to protecl an persons 1l()1 employed by Ihe Subconlractor against claims for damages fur personal injury including dealh. which may arise O\It of the performance of Ihis Subeonlract or by or on ac<:ount of an)' acl 01' omis.~ion of said SubconlractOl', ilS employees or agents. Cenlfkates of such 1ll5UTancc shall be 1\1rnlshed to the Contractor as OUllined in Article '14, OJ Th comply with aU laws, orders or regulations of the Federal, Slate, Of Local Oovernment or of any of their rC5pcctive, subor- dinale aSCI's. departments or <:o",mi$$;OII$, applicable to the perfonnana: of Ihis Subcontract. Thai no payment shall be made hereunder unless all work sclt<:dulcs to be p<:rformed in a ~uh.tantlal and workmnnlike manner. and untillh ubconlr.lc:tor ha.~ deposited witb Ihe Contractor salisfactory releases f1f lI~~",.Jnd cl.im~ {or Hpno of alllaoorers and rrtatCl'talmen. and all other persons in .IIY way pcrfOT1l'ling ~~ or furnishing labor or malmals 10 t c Subc:onlT1\ctot on account of this Suhconltacl for Ihe work in qucstion. (I) 'That any work done or material furnished Caning I., the requirements of the Plans, Specifications and Ihis Sul><:ontraet, will be .moved from tl>e prerni$e$ ."d replaced by the Subcontn.ctor at his expense. (m) "IlIat lime Is of the essence of IltIs Subcontract. , (n) Th furnish, in form approved by Ibe Contractor, allO If speclfled under paragnph S or elsewl>erc herein a completion or olher 'If>nd providing for the payment of all wages alld materials. (n) Tn rurni~h In 11M: Cnnlr.tdtlr, ul",n tcquesl. lhe nnmes and ndtlres.'iCS of all Suhc:nntractors anti m:II~..i.lnlen. ">At'lhcr wilh ~mount$ due or to l><.'COme due them and 10 fumlsh and cause Subcontractors to furnish upOn request of tile Contmctor alld on h1fnl~ lurnished by Ihe Contmctor, such reports concerning wage scales, payrolls. and otherwise, as the Contractor may re.quire- ~(P) That no changes from tlK: Plans and SpccifiClltioos shllll b.. m.de, and Ihal no extrlS shall It<: performed. unlc!<o~ :, serr."..tc a(;Teement in writi"S $hallllave been ",ade before lhe <:ommencemenl of such work or Ihe furnishing of materials. Unless otherwise rrovidcd herein, Ihe ConlrllClOr will nol recognize orders for chanics'or extras given by employees or reptca<:nta,iv01l (If the Contractor on Ihe job. Final authorization mml be agreed to and accepled by a corporate offit:Cr of Ihe Contractor. (q) To protect and save hanales.< tbe said Conlraclor against any claim or demand of any pen<c>n.~ or rrorcrl)' f'lr d"m:\ge c:au:<cd hereunder, or ~y claim or demand for plItenl fees. royalties, or for any Invention, machine, article or arrangement that may I>e u!\Cdby..,Ih!: SII!><:ontrll<;tor jl\ the eOll$l1Uclion of the work, and agrecs to defend any and all actions arising oul of IIny of tM fOl'l!going c\:tims: 10 notiry~" ContraClOf of all such claims; to defend iI, and pay c:ounsel fees and e"penses of all kinds whaLwever in connection thcrewith: a1'ld IIie" Sullco1\ttaCtor further agrees that in event of any injunction or legal action, &Crving to stop the work, the Contraclllr ~hall h"ve Ihe r"vilegr! of subslltuting such ()ther anlcles of similar kind In order 10 ena!)le Ihe SubcontraClor or to complete Ihe work, and 011 cn.<l~ and expen~e (>cca~ sioned thereby shall be borne by the S\lbconln.ctors, (r) To nolifylhc Conlntdor in writing or by $llo-p drawings of any special provbiorns ~q\lired of the Conlraetor fnr the inst~lIi1tion of Ihe work 10 he dcnu: by the Subcon\T2c1Or Ihat arc nol shown on lhe rlans and speclflcatlons in delail. in ~uffident lime tll allow 110" Contfllc:tor to malic t~ special P'!'ovi~ions as lhe. project progresses. In lhe evcnlthe SubC01\tnct01' fall~ 10 so notify the ConlTll"lOr. it "hall be lhe fC1IpollSlbilily of Ihe SubconlfllClor to bear the expense for all changes required to properly i~ta\l hi~ work. (s) Suhcunlractor .hall be fIlSJ'OMibl. for any deviations from lhe drawings or the spccificali<,ns, \lnlc"-< the Suhculllr3<'l01 hn~, in writing. notified IheComractor of $UC'b deviati_~. giving reasons therefore. al lhe time of submission of preliminary or final ~hQP dr:twing~. ,(I) 'Ib take all reasonable safely precautions with =pect 10 bls ~rk, 10 comply with all safety mCllSures Inltl.~ted hy the Controdor and wilt! all applicable laws, ordinances, rules, regulations and orders of any public authority.for the safety of persons or property in accordance with Ihe nquln:ments of Ihe Contract Documents. The Subcontractor shall report 10 Ihe Contractor immediately any lojury to any of the SUbCOlllrllClor's employees at Ihe slte. , (u)Tha! all materials and equlpm"nHurniWd and incotpOrated by him In lite projecl shall be new onles:< olherwi,;e specified. and \It all Work under thl. Subcontract shall1)e of gOOd quallty, free from faults and defects and In conformance with the Contract Doeuments. All Work not conforming 10 tllese standards may be considered defective. This warranty shall be in addil;on to and not in limitation (If :tny otllter arranl)' or remedy required by law or by the Contr.lct Documents. ., ~f9<>~ /?/). \'......... I~ hp2al6 PAGE 11 01/01/1994 05:34 2157885686 _.' _ (v) Promplly submllsbop dnwinp and _pies 15 required In order to perform his work efficiently, expedftiously and in a manner that will not CIl'* delay In the ptVJTC$I of the Work of the Contractor Of other Subconuactors. (w) To comply with 811 laws and recu1atiolll (atale and federal) relaling 10 wag"', hou", ovcrlime, ree<l,d-kee(ling, equ31 empl<lY. "nenl opponunlly, Cleo as they apply 10 this project. (II) Unlc:ss oCbc:lwlse provided In aewrcb.nc:c wilh this Subcontract, the Subconuactor shall provide and pay for all Jl'lrmlt.~. llc:en.~e5. l maluial, labor, water, 10011, equlpmenl, light power, transportation, and other facilities necessary for the execution and complellon of the .Iork. (y) He $!tall keep tbe project site deao at all times and wlll remove allsurplllli, T1Ibblsh and debrls.from the proJecl site. periodically, and wben the wor$. is finished, shall clean up the project sile Jeavillg lhe same free and clear of all ",bblSh and debns resulhng from the performance of \be Subalnlractor. . . (z) 'The Subcontractor lItall be rellponaible for all violatiOll5 of ordinances or statutes relating 10 the eon.~lruction of building or Ihe; construction of sueets and sidewalks. and Shall wef\tlly repair and make good any damage III property, stree\$, or pavemenls caused by any ~lion (:Onncctcd with the performance of Ihis Subcontractor. 6. CONTRACTOR'S IlESPONSIBlLITJES: The Conu.ctor ~ (a) 1b be botl1ld 10 the Subcontraclor by \IlC terms of this agreement and af the Contract P~ent$ $clween the Owner iUld Ihe Contractor and 10 assume toward the Subc:ontt~or all the obligations and responsibilities that the Owner, by tbose Documents. assumcs toward the Contractor, and to have the benefit of an rights, remedie$ and tedrcss asainst lhe Subcontractor which Ihe Owner, by Ihose Doc:umenl~, has against Ihe Contractor, IlI$Ofar as applicable 10 Ibis Subcontract, provided tbat where any provision of lhe ContracI Documents bClween the Ownc.r and the Contractor is in<:onsistl:nt wltb any provision In this A&rcWlent, this Agrecment shall govern, (b) To ptOmptly nolify the SubcontraCIor of 8n modifications 10 the Contract belween Ihe Owner and Ihe Contr;u.:lur which affect this su~ntract and wbicb were Issued or ente~ iltlo subsequenl to the executioll of '''is Subcontract. (c) Tb.lll if he fails to make paymenl$ to the Subcontractor as berein provided for any calISe not Ihe fault of Ihe Sub~...ntractor, wilhin llCVcn ~y$ fram the lime paymenl should have bOOn made, thl: Subconu8ctor may, uJl<JrI ~"en day~' addili<lnal wrilten ",'Ike I" Ihe Contractor, stop his \\brl< withoul prejudice to any ather remedy bc may have. (d) 1b make no demand for Iiquidaled damages for delay In any sum in exe;ess of such amount as may till specifically name'" if! this SubconUad, and no liquidated damages shall be IISSCSSCd agaiJ\$t this Subcontract for delays or ClU$CS atuibuled Iu olher Subconlraclonl or arising outside lite scope of thia Subcontract. (e) That no claim for ~ymenl for services rendered Or matcrials and equipment furnished by Ihe ContractOl' 10 the Subcontractor shall be valid without prior wrillen notice to the Subconuwot. (I) To cooperate wIth the SubcunlractDr in scheduling alld performing his Work to avoid conflictS or inlerfe~rx;e in thl: Subcontrdctor's Work. (g) To pcmtit the Subcontn<Ctor to be pn:sent and to submit evidence in any arbitration proceeding InVOlving his rights. " 1. ACCEPrANCE: The CoI\tracWr and the Subcoatractor IJlRC Ibat: (I) If on \he dale of IIIe execution of this Sulx;onll1lct, the Prime Contract betwccn the oWllCr and the QlDtractor has nOI yet been ....cccuted. then if such "rime Contract shalt nol b<: so executed and delil/ered, for any reason whalsocver, the Conl....ct"r shall be unde, no _ ..bliga\ic)n 10 \he: Subc;onlractor herein by virtue of this Subcontract, (b) If the Prime Conlnct for the project helllin mentioned is with the Federal or State Government, or any of their lIUl>divilioflS, agencies, 04' RpJllKntallvcs, this SubcxlDlract sban be subject 10 any right of terminallon conlainecfin such Prime Contract. In the eVl:nt of such termination 1IllowanCe which ~IJ be made to it by the Government for the work covcn:d hcn:if!, less the proponionale share of Ihe Cunlr;ii;\or's overhead ~d theleto. (c) In the event the SubconuacIOr is not acceptable to \IlC Owner and/or the Arcbltect for any ~1I whalsoever, the Conlraclor shall bel under no obligation or ftlspo<l$ibili." to the Subcontrac1or, lIDd Ibis Subcontract shall become null and void. (d) Before the commencement of aoy work the parties shall furnIsh 10 each other copies of ..II collective ~rglljnin8 llgrcements to which ejther of lhem may be . party and which perlalnto any labor to he perfOfm<:d on the project. 8. TERMINATION FOR FAILURE TO WORK: Should the Subcontractor fail I\) pru~u\e Ihe work 10 Ihe ~~Ii~ra.:lion of Ihe Con- tractor, or should he al any time become iasolven!, or refuse: to follow the Plans and Speafications, or fall to perform lite work in a good and wOfkmanllke roann", or cause by any aclioJl the 8IOpplge of the work of other Subconltactors performing work upol1 this properlY, or fall 10 comply in any olber rgpc:ct wllh tllis Subcontract, then, upon Ihe happening of the foregoing events, ar anyone or more of Ihcm, lhe Subcon- lractor agtec$ that lhe Contractor may, by thtu days' written onl;..... ~~Ik~ to the Su~lr.<lor .al bls last known re~idl:nce or pl~cc of business, or notice delivered at ,uch place; or to the forepc:rson in charge of the work, lerminate Ihis Sub~vtltr~<:tllnd take tlVCr lhc wllrk and pro5c:CUte \he same tu completion by contracI or othclrwise, IInd enter Into IInd take possession of the work, malerials, tools, appliances nnd equipm<:nt nudcd to complete such work, and make 5ud\ ent as the for the discha' . f .. fot liens of an .. with the u I of this Su ntract; and Ibe SubconUnel<>>' agrtC$ that the expense of such IIOtic:c and of the eompletion of S\JC worle, and the amounl paid for I e di arge or payment on account of claims. liens, or claims for liens, and the ell:pc:nsc thcreof. shall be dcdlldcd from the amount due or to bl:come due Ihc Subcontraclor, and If men: than the amount due, then the Su.bconlrad:or shall be liabll: 10 the Contractor far the difference, and the Contraelor JIlay huld, :sell or otherwise rcalize upon any malerlal, machinery, tools, or olher equipment upon the premises on account of such difference: In case the Subcun- tractor shall fail Of refuse to pay the same; all wlthou\ prejudice to any other ramedy the Contractor may bave. If Ihe Subconl"u:lor shall abandon the "'I'Ot'k, the Conttacto-r shall b<: under no obligation to ~ive any llOIice WMtsOeYCf prior to raking over the work. t. UEN5AND ~..AtMS. ~ Subcontractor hereby 1CX'm"C~V w...iv~ ......lr.JII~t; AI",I r.,.lithdl:....h...~ ."v .....1 .11 p;"h, t" "".;....,,;... ,...r h.".,.... ..oil...... ""'. ____f....4 _,..--M'".';i;;..-."....... J._. "". ...a-;... ..6--....1 u_ _l_.......... ,.,....u.~ VI ."1 .,...~ Llleu.vr, VI .It)' \1ulhJhl!l:. v. u...IIU'U~'" IUcn:un. for or on 1IQ;01lnl of any work, labor and materials performed or furni,becl under this a&lcemen!, and agTCcs Ihal no such licm 0' claim shall "" 50 filed or maintained by or on behalf of the Stlbo:ontractor; and the Subconlra<:lOr fwtbc:r agn:es 10 save the ConlractQr harmless from " ",.' ::.y- ~'-' .., _.-- "-"'- - .., ~. ---" - -, --.-.- .-..... .. ." --"-'-. - .., ~.-. Itbl for ...... ....03 or ~ 61/61/1994 65:34 2157885686 ., PAGE 12 actiDllbrO\1gb or under the Sll0c0ntraclor, al!d asrees. lhaI if at any time there shall be any evidence of !he tiling or maintcnancc of ally sueh lien or dalm for lien, llle Contractor shall have the right to deduct from the amoont otherwise due to the Subeontrlll:lor bcreundu, an amn..nl "..mdcnl 10 It,demllify It for IIn)' or all Inu or dllnlajlCS which may n:5\1lt from I'IIcll lien or claim; lIad the Slllxonlrlll'lllr fnrlhcr 'cree, that this ...mver shall be an Independent eO'lenant, and shall operate acd be effective, DOl only with reS{l<<t to materillb furnished or bor lICrformed under this SUbcOlllr8Ct, but also with respect to any and all mattrillls furnished Or labor perfonned under any SubconlrllCt "Iementltl to this principal Subl>>ntrllCt. and lDIder allY Subconlr3Ct for extra labor or materials for tile above described pn:ml5e.'. 10. CO~BRl,j~~\9ofMtb~oRWJ1ro&f~i ~:JM~$m' the sum of in current fIltlds, subject to additlons and cIsd1u;tiOllS for meh cbanJles as may be agrHd upon in VlrinDg and approved in writing by the Owner, Project Engineer, or Archllttt, said sum to be paid as fQIlows: (a) PIlOGllESS P~YMENTS: (I) The Contractor shall pat the Subcoutractor monthly prozress payments in the amount of Ib percent of tile AppUClltion submitted. ApplicllliOll:! shall be In writing and shall be received by the Contractor on (lr beforc the 1~ day of eaeh month, (2) The Subconrractor shall. before the first 8p])ll<:allon, submit to the C()IItrac:tor a schedule of values of the variO\l.~ pans of the Work a~rc. gating the totlIJ sam of this Subcontract, llI8d~outln such dellli!:as the SuhcontradOf and Contractor mllY agree upon, or liS required by Ihe Owner, and :5lIpponed by such evidence lIS to itS coite<:lDCSS IlS the Contraet()t' IIIlI)' direct. This schedule, when approved by Ihe ConlnK'tor, shall be used as a basis for Applications for Pa)'lllent, unless It be found to be in error. In applylna for paymenl Subcontractor shall submit a statement based Upoll this schedule. (3) If payments are mlllle on account of materials or equipment nOl IncClrpOnlted in the Work but delivered and $Uilllbly S10red at the site, or at some other location agreed ll1Xln In writing, such payments shall be ill accordance with the terms and conditions of lhe Contract Documents. 7<4) Unl~ss otherwise provlcle4 In the Contract DoculDCUts, the Cotltrael(lr shall pay me Subcontractor each progress paymcnt withIn workhll days after the ContractOr has received ~nt from the Owner for 1II1Ior and material covered in the Application submitted by dte Subcootraetor. (b) FlNAL PAYMENT: (1) Subcontractor shall submit to Contractor a statemcnt signed by the jOb Sll{l'CrlntendenL, of Contr.lclUr and Subcontractor, Statillll that all "''Orll: covered by this Subcollll'llCt hIlS been satisfadorily COlllp~ed and performed. Upon receipt of sald statement. tile final payment shall be paid by the CODlI'lIClor to the Subcontractor within working days after the Conlr.lctor shall have Jeec.\vcd the final psyment from the Owner on the Prime Contract. (2) Receipted InvoIces and Affit\aWt: M a rurtber condition of progress p.,-mems Ilnc! final payment, the Cdntractor may require the SUbcOD' tractor to fllfni.b receipted InvoIces for llllmateriab incorporated Into the Worlc or placed on the job ~lIe, supportcd hy the affidavit of !he , C;uhcontractor settlllll forth mat all clailM for labor and material hnve been paid, wltll the nllm~ and addressC!$ Qr all laborers and mulcri4l111CD $ted. ') No cenlticate liven or Jl8yment made under tIlis COlllTact, except the final certificate or final payment shall be conclusi1/C evidence of I '. performance of this Contract, either whoUy or In pan; and 11(1 payment shall be construed to be an acecptlUlCe of defective work or Improper .!erlals. 11. PERFORMANCE, LUOR AND MATERIAL PAYMENT BONDS: NOtE REOJ"'..... 11. TEMPORARY FACJLlTIIlS AND SERVJCItS: The Contractor shall furnish and malce available at no COSlIO the SlIbcotltraclor the follow1na umporazy facUities and services: WlI.'1'Eft,~, eu:c~. Dl>>S,~ all Other necessary servicES and !acllldes are !be respoos\billty of the Subcontractor. ~ 13. HARMONY Cl..AUSE: General Con1ractor to Subcontractor. Should Subcontraclor at any time fail to supply a sufficient number of skilled workmen, or a suffic;ient quantity of materials of proper quality, or fail in any ~ to prosecute the Work covered by this Subco.ltract willl promptness and diligence, or fail in the performance of any of the agreements herein contained, or shoull! any workmen performina work covered by Ihis Subc:ontTacl engage in a strike or olher work ~'toppa8e, or cease to won dllC to picketing or olher such activity, Contractor may in any of stICh evenlS. at iL~ opflon without prejudice to any Olhtr n:medl~.s it rrnay have, er fOl1 -ei rs written notice to the Subcmltractor. provide An)' such labor and malerials and deducl the cO$! thereof from any mQllies then due 01' thereafler to ome due to the Subco1)tractor; and further, in any such evenl. eo"tractor may, D.t his option, without prejudice to Ilny other remedies it may have. terminate the employment of the Subcontnlctor Cor the work under his Subconlri'" and shall bave tbe right to ertler upon lhe premiSt::$ aoo tlIlce possession for the purpose of cSmpleting Ihe work hereunder of all the material, Iools and equipment thereon and 10 finhh lIle Won and provide the materials t~efolll eilher with Its O""n employees Or other Subcnnl",ctClr.: and in the case of such discontinuance of the employment by Contractor, Subcontractor sballnot be enlitled 10 receive any further paymenL_ "nder Ihe Subconttal::1 or otherwise, bulllltalJ nevCl'lhtlC$S remain liable for any damages whkh Contractor incurs, If Ihe expenses illcurred hy .onuacta< in completing the WOrlt .hall exceed the ullpolid balance. Subcontractor shall ~y the difference 10 Contractor along wllh any olher <tamale incune.d by Contractor as the result of Subcontractor'. default. Conlractor shall mve a lien upon all materials, tools and appJianc... 4-U possc$Sion of to se= the paymentthereo{, Subcontractor shan be liable to Contractor for all ~ and damages incurred by Contractor ..ue to the failure of performance by Subcontractor, the failure of Subcontractor to keep Ihe pmer""" nr ;Is work up to thaI of Conlrad of olhcr lrades or the tailun to elCccute its work lIS directed by the Con~. ~-~~~ hse4Cl(6 01/01/1994 05:34 2157885686 p~ 13 . - . ..::;:. . ./ . ... 14. Ml1'nM\)'M INSuRANCE REQUlREMENTl lllSUrancc shall be wtillcn for notlcs:s Ihan any limits of liability required by Iilw or ~ forth below, wbic:haver is greater. . Workmen'! Compel\$alion . Sl2lUlorylEmployeQ Uability - $500,000 cadi oC;<;UfTencc PublidGeneral Uablllty - Per PersDPIPer Occurrence Bodily Injury, pcnonallnjllT)' and property damage liability - Combined Single Umil - $1,000,000 each ac:cwrcncc: $1,000,000 annual qan:ple Auloll\obile Uabllily - Per Penon/l'llt A"ident Bodily Injury and propeny damage - Combined Single Limit- $1,000,000 cadi accidenl CERTIfICIIIE MUST BE. JOB SPEC1FIC" and V. L RENDINA,INC. MUST BE NAMED AS ADDITIONAL INSURED. '># l5, INDEPENDENT CONTRAcroR'S STAnJS The SubcontradQf, for himself or bcrsclf, his or ha' heirs. exc<:ulOrS, eXECutrixC$, administrators IUld assigns, agree..~ t~t hc or she i~ a solc proprietor and if he or she has no employees and will not utilize ill tbe performance of Ihis Su!x:onlrac:t any other individuals without providing to the Gcm:ral ContnCtor a c;ertjficate of Wodtmen's CoII1pensatiOlllnsurant:l:. The General Conlrac:tOr may 1I\J$l"'nd all payments alld rCRlov.: the Subcontrxlor from the job if any individuals arc brought on the job by the Subcontr&Clor withoul first siving Ihe abllw ccrtific3lc to IhI: General Contrac:tor. If Subcontndor bas employees. a certif&ealc of Workmen's Compensation Insu...nce is atladled herelo anll mack a pun of this Subcontract. 11JC Sulxonlraclor, for himself or blll$Cl1, his or her heln, CJl:ecuton, execulrjxes. administrato"" a1\d a.'I5igns, fur1h~r ltgr~~~ Ihal he or she Is an independent contractor and not an employee of the Oeneral Contractor and Ill,t he or she as su~h inckpcndcnl cQnlrael<Jr opctale$ a busineas sepnlC from the GellCTaI Contractor, maintall1$ a bllsinellll listing in the telephone dit\!ctory, performs 5ubcunlraclor work for olher persons and firms. and furnishes his or her own tools and materials. al'ld thatlhe Gener.l Contl'1lClor Is nl/I ot>ligatelllo maintail\ any Workmen's Compemalion Insurance (or Ihe beMfit o( lhe SubcontraClor, . 16. BILLING PROCEDURES. I. Applk:atioII f01' Pa)'mcnl A, All subconlraclora must biU on an AlA (orm provided by the c:ontrxlor. Addition:\! copies will be llCcured and paid (or by each subcontrador, either by using their own copy madline or a copier service. B. The AppIiC8!lon for PayRlOO\t mWlt have a bteakdown submitted, prior to billing, based onlhc total c:onl....el amount Gnd lIpP'''........ by the wnlraaor. All subsequent billin~ will be based on this b..:altdown. The... fortl\$ must be filled out by each llubcl/ntrac:tor's office and pcnonnel. C. All applic:atio~ must be signed and dated by an aulhorl:ud personnel. N()"J'E, AlA forms must be used lor final bllllna lor rc:tainage. . II. :=) OwI&c Orders A. Job VkU Orders - 1bese wort orders will be IS$1Ied in the field by Y.L. Rendina, Inc., foremanlS\lpo:rinlendenl$ only. NO OTHER FORMS Wlll BB RECOGNIZED. A copy of Ihe contraclor's job work order should be filled out with a romp!clc malerial and labor ~down, by hourly wage and individual unit prices.lben totaled and tn..lled immediately 10 thc c:ontnlClor'~ office prior to hilling. Formal cllangc onl8l'S to be issued apinst said Job work order ate required In ordc.r for the I;ubcontractor to bill lIprr(,ved chang~ ordcf1l with his applialion for payment. The method of recording Illis work Oil the job worll orders mllSl be done on a daily basis and signed by Ihc contractors field superintendent. B. O\anac Orden; a&*inR proposals - The subcontrac:tor is to issue tbeir proposals to Ibe contrac:tor's office regarding Pr"po~1 Requll$lS and ArcIlhcct'lI SupplclllCl1laJy InstnIctions. y.L. Rendina, Inc, will issue cll8nge orders, if accepled and approved by Ihe Ow""r, fur Ihis wvrk. In ordu for the subconttac:tor to Invoice this worll on his Application for Paym~nl, there must be a formal ch~nsc order i:;'"iucd by IlIe contraCtor. -7 c. Vemal <Xders - Verbal approval to proceed may be issued only by a ~ora1e officer of Ihe c:ontraClor against a JlfQpOlSal, wherebY lhe change ordc;r has not been formally written and senl OUI. This wi only happell If we tnusl expedite and proc:ccd Wilh the work Immcdialely, VoL, Rendina, Jnc. will issue these change orders a. :lOOn as ~i"Ic SO Ihat Ihe subconlraCl"r Can hill ;>gain~l Ihe ~rccntage of worl< complele for said dtmgc order. 17. SE&VICE CA.U..Sr This sutK::ontraQor wlll be beld rcspon$iblc (or any SCJViec Q)ls within the one year warranty period which will he cs.labJished IhlVUllh lhe subsl2ntial completion dale Ihe>'COf and Is expected 10 make said service calls within 24 ho\lrs o( the ccmpl..;nt. If Ihis ~ub<"Onltllctor cannot perform wlthin the 24 bour lime period, an independent contractor will be called in to perform such ",,vIces am.! whatever the ell:>l I" to re(1\llr andlor rcpla.~ nutcri;t1 and Ial)Qr for the $eNiee 1;;111 wlll be charged to that subcOntrac:tor accordingly. Se,vic.; call wurk Ih", i~ rCCluircll wilhin Ihal 24 hour rime period applles unly to emergencies, that Is, however, not limited 10, inoperable loilet facililic~, plumhing Ic~k~, no healing, gas r>iPC: leaks, e1ec:tri~ powcr f~i1ure (cl~r main distribution or subpanel r"...lIs to breaker, ele.) or Bny other life oupP'>rt r.dlily lhal i. nol tTIentiOllCd h<:rcw;lh. ,,;'i11 for 1'>11'" of4 61/61/1994 65:34 2157885686 PPrJE. 14 '18. PL~ AND sp~AnONS DESClUP'l10N: " . ~ wor1c must be done In accorunc. w11tl PlAns (S66 EdlIblt I) Mt8Ched I\6JWllth and rnado part 0' the contract decumtnIs. All ~K COMPRISED HERE'NlTH IS FOR TWO (2}IDemeAL BlILDINGS CONSISTlNG OF SIXTY-SIX (a6) APAR1"MENT UNITS, 19. ADDmoNAL TERMS: (t) Should Subeomractof default on any of Its obligations under this allrcement, Contra.:tor shall be entitled to recovct from Suboonlraetor all expen:sa. charges. c~s lUld dam..~ ",bleh SubcontTaCtor's default c:mse5 Contr.ICtor 10 in~ur or suffer. including, wi!hOllllimitation, all attcrneys' fees lIJld eosts of suit, wbich CoDl~tor iDCllrs \JI seeklnll redress fw SubcontrllCtor's defnult or in defendln, apl1lSl chums C8u$ed, In whole or .in part by SUbcODtrlIl:tOr's defllUlt. ContraclOr shall also be entitled to recoyer frOlll SubcontraclOl' all expcmc:s, cbarges, COSI$IIIId damages, Including, wi!hOl1t UmltatlOll, all attorneys' fees aDd costs of Suil, which Contractor Incurs in defemiDg apIDSl any c;1aim wbleh SubcOlllJ'llCtor brings apinst Conrractor and OD whleh Contrac:tor prevails. IN WI1:~ WHERBOP. 1bey have bereunto set their ~!he clay aDd. year tirst abtm: written, ~ttcst: (?q.It,,: ~~ ROLLIN EBERSOLE, EXEC Vice PRES ...,. " or.. Altest' .........--"') I~iti.l /". AA:coptana, ~ ~.'...' . ..... .-.. ATTACHMENT A SCOPE OF WORK SYLCAR CONSTRUCTION CORP. Installation of all of the following: . Exterior and interior walLpanels. . Wood trusses. . Required roof sheathing. . 15 lb. felt on complete roof sheathing by the end of each working day. Do not leave plywood exposed. . Required windows and exterior entrance doors with temporary locksets and glass sliding patio doors. . Fascia, frieze boards, and overhang soffit blocking. . Tyvek to exterior wall panels and sill sealer as required. ") NOTE: . Gable and draft stop trusses to be factory sheathed. . Anchor bolts to be set by Masonry Contractor . Material handling eq'Uipment, scaffolding, and crane for either erection or mobilizing material on-site is by this subcontractor. . All material either factory pre-fabricated or loose will be furnished by General Contractor with exception of nails, staples, shots, pins, and other fasteners will be furnished by this subcontractor. Plywood clips and truss anchors by General Contractor. dC-', /II C' Clr'( (') c:: ~ ~PJ r ",., J;., -.... ~Tj ~5.; -;:$ ;f-) <"" ~o 5>Q c_ ~ C:l r"..-, 6 'T1 '-1 f~r;.;~ -nr-n :i) ':;:J C) ~ 'j!("! ~~! {~ c)' ",I ~ -< t.. c= z -0 ~~ ~.~ ~ :...} (n MARK A. HUGHES and SHERRY L. HUGHES, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2002-1163 CIVIL REUBEN B. LAPP, AMOS B. LAPP and JOHN K. LAPP, JR., individually and trading and doing business as : CIVIL ACTION _ LAW QUALITY FENCING & SUPPLY, QFS FACTOR Y OUTLET, a Division of QUALITY FENCING & SUPPLY, QUALITY FENCING & SUPPLY, INC. and UNIVERSAL POL Y PRODUCTS, LTD., fonnerIy QUALITY FENCING & SUPPLY, LTD., Defendants CERTIFICATE OF SERVICE I, Keith O. Brenneman, Esquire, hereby certify that I have on the below date caused a true and correct certified copy of the Complaint filed by the Plaintiff filed in this action to be served upon the entity in the manner indicated below: First Class Mail, Postage Prepaid, Addressed As Follows: QFS Factory Outlet 922 State Street Lemoyne, PA 17043 SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNEl8AKER. BRENNEMAN 8c SPARE 0~ Date: June 10, 2002 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PAL 7055 (717) 697-8528 Attorneys for Plaintiff Mark A. Hughes 2 ~ ~ s: ~ '.? ~~\ ' ,-n re rn?,,: .J.d. - ':: (>\ ~5.o, - :00 ::<.... ob 1.:20 -4.1'" ~ :x:3;i ?iO %~ .,..2, CP. ~ ~ - ~ '" ,r- , THOMAS, THOMAS & HAFER, LLP Michele J, Thorp, Esquire P.O. Box 999 305 N, Front Street Harrisburg, PA 17108-0999 (717)237-7153 MARK A HUGHES AND SHERRY L. HUGHES, PLAINTIFFS V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW REUBEN B. LAPP, AMOS B. LAPP and JOHN KLAPP, JR., , A DIVISION OF QUALITY : FENCING & SUPPLY, QUALITY FENCING: & SUPPLY, INC., UNIVERSAL POLY PRODUCTS, L TO, formerly QUALITY FENCING & SUPPLY, LTD., : JURY TRIAL DEMANDED DEFENDANTS NO. 02-1163 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for Defendants, Quality Fencing & Supply QFS Outlet in the above-captioned case. Thomas, Thomas & Hafer, LLP by Date: I.D rZ-L. /{Z)"Z- i h e J. ho , 1.0. No.: 71117 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 - ._--'-.._~-~.._-.- CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Keith O. Brenneman, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg, PA 17055 Date: t... /~ /0"2- Thomas, Thomas & Hafer, LLP C) C? C) ~~ r,) .. C- ~;:; U ,.~- ~"'ll n'~ ...::-- : t'-:~;:; N :-" \,,:J C?" ()) I 0 ~;- .- -l~ :r-~ ~1 (~ j~~ C LO :..) r'1 C =;2 , .;," =< '''0 ~-o 0-' -<:; LAW OFFICES SNEL8AKER 8: BRENNEMAN, P.C. ARK A. HUGHES and HERRY L. HUGHES, Plaintiffs v. UBEN B. LAPP, AMOS B. LAPP and OHN K. LAPP, JR, A DIVISION OF QUALITY FENCING & SUPPLY, QUALITY FENCING & SUPPLY, INC., IVERSAL POLY PRODUCTS, LTD, formerly QUALITY FENCING & SUPPLY, L TD" Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO, 02-1163 : JURY TRIAL DEMANDED PRACEIPE Please mark the above, captioned action settled, discontinued and ended with prejudice on your docket and indices, SNELBAKER & BRENNEMAN, P. C. tfl1~ BY: Keith 0, Brenneman, Esquire 44 W, Main Street Mechanicsburg, PA 17055 (717) 697,8528 Attorneys for Plaintiffs Date: /1//(/11 Z/ 7,P():; . . LAW OFFICES SNEL8AKER & BRENNEMAN II Ii Ii II I I I- i CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy ofthe foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Date: 1l;!l{II;~ Up? Crystal H. Williamson, Esquire Thomas, Thomas & Hafer, LLP p, O. Box 999 Harrisburg, P A 17108-0999 w/I#WL- Keith 0, Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697,8528 Attorneys for Plaintiffs (') f;:; ';::~ ;";:;:, -=f' :c;;/" ~'a ?J - 1'0 -c:' :J. o -(I .... i~'~ '-:? - -' S;'