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Home My WebLink About06-2487BUTLER LAW FIRM Ronald D. Butler, Esquire Attorney I.D. No.: 09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 lawyersCq,butlerlawfirm.com T.R. ROLLASON BUILDER T/D/B/A THE FIXIT MAN BUILDING AND REPAIR SERVICE, Plaintiff V. MARK BECKERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW NOTICE TO DEFEND 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 claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita or en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y per cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 BUTLER LAW FIRM Ronald D. Butler, Esquire Attorney I.D. No.: 09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 lawyers cr butlerlawfirm.com T.R. ROLLASON BUILDER T/D/B/A THE FIXIT MAN BUILDING AND REPAIR SERVICE, Plaintiff V. MARK BECKERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Qqp l 1 Ji? l c-zl'' I CIVIL ACTION - LAW COMPLAINT AND NOW, the Plaintiff, T.R. Rollason Builder t/d/b/a The Fixit Man Building and Repair Service, by and through its attorneys, Butler Law Firm, files this Complaint against Defendant, Mark Beckerman, and in support thereof avers as follows: Plaintiff, T.R. Rollason Builder t/d/b/a The Fixit Man Building and Repair Service, is a sole proprietorship owned and operated by Thomas R. Rollason, II, with its principal place of business at P.O. Box 62110, Harrisburg, Dauphin County, Pennsylvania 17106-2110. 2. Defendant, Mark Beckerman, is an adult individual residing at 1030 Belle Vista Drive, Enola, Cumberland County, Pennsylvania 17025. 3. On or about October 28, 2005, and November 1, 2005, Plaintiff and Defendant met to discuss the terms of an agreement wherein Plaintiff would provide construction materials and labor at 1030 Belle Vista Drive, Enola, Cumberland County, Pennsylvania. On or about November 3, 2005, Plaintiff faxed to Defendant's then-attorney, Herschel Lock, Esquire, a statement containing the terms of the parties' verbal agreement, including the agreement that labor and materials would be provided on a time and materials basis, the hourly fee schedule, the description of the scope of work and the payment terms and conditions. A true and correct copy of said facsimile is attached hereto and made a part hereof as Exhibit "A" Pursuant to said verbal agreement and as required by the Terms and Conditions (See Exhibit "A"), Defendant paid a deposit to Plaintiff in the amount of $10,000.00 by check dated November 7, 2005. 6. Pursuant to the verbal agreement, Plaintiff commenced work on November 7, 2005. Plaintiff completed work on December 8, 2005. 8. Plaintiff submitted invoices to Defendant in the total amount of $67,957.19 plus finance charges in the amount of $498.14. True and correct copies of the final Invoice dated December 13, 2005, and Statement dated January 26, 2006, are attached hereto and made a part hereof as Exhibit "B". 9. Defendant made payments to Plaintiff in the total amount of $45,000.00. 10. The balance currently due and owing from Defendant to Plaintiff for labor and materials pursuant to the parties' verbal agreement is $23,455.33. 11. Despite numerous demands for payment, Defendant has failed and refused to pay the balance due in the amount of $23,455.33. 12. Plaintiff provided all materials and labor in a timely and workmanlike manner. 13. The prices charged for said materials and labor are fair and reasonable and the market prices therefor. WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of $23,455.33, plus interest and costs of suit and all other relief which this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff By: /? Ronald D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. # 80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Apr 07 OG 02:55p T.R.ROLLRSON 11 (717) 233-2428 p.3 T. R. ROLLASON BUILDER P.O. BOX 62110 HARRISBURG, PA. 17106-2210 717-652-8610 FAX 717-233-2428 FACSIMILE TRANSMITTAL SHEET TO FROM Herschel Lock Thomas R. Rollason II COMPANY: DATE: NOVEMBER 3, 2005 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 238-5288 5 PHONE NUMBER: SENDER'S REFERENCE NUMBER: 238-6661 RE: YOUR REFERENCE NUMBER Mr. Mark Beckerman X? URGENT ? FOR REVIEW ? PLEASE COMMENT ? PLEASE REPLY ? PLEASE RECYCLE NOTES/COMMENTS: Dear Mr. Lock, I have enclosed very brief documents concerning the work at W. Beckermarf s property in Enola. I have already talked to the township concerning the property and I am checking on their requirements as far as the house location on the site. Specifically the survey showing the exact location of the house, he is to call me back later today. Please do not hesitate to call me with any and all questions. Sincerely. EXHIBIT ."A" Apr•07 06 02:56p T.R.ROLLASON 11 T. R. Rollason Builder November 2, 2005 Mr. Mark Beckerman 4612 Fargreen Road Harrisburg, PA. 17110 Dear Mr. Beckerman, (7171 233-2428 p.4 P.O. Box 62110 Harrisburg, PA. 17106 This letter shall confirm your acceptance and understanding of our conversation of November 1, 2005. Whereas T. R. Rollason Builder will supply the necessary labor and materials for your building project on a time and material basis. Our overhead markup is 33% and our profit is 10%. Enclosed are copies: 1. The scope of work as we understand it. 2. Our labor and equipment rates. 3. Terms and conditions. We will begin as soon as we receive your signed confirmation and deposit. Sincerely, Thomas R. Rollason 11 Owner Accepted. Date: Qpllly Nidiog Oct 1g6 Rpr•07 06 02:56p T.R.ROLLRSON 11 HOURLY FEE SCHEDULE (7171 233-2428 p.5 Our fee schedule is based upon a sliding scale depending on the skill level required for the work to be performed. Plus equipment and materials used. The Schedule is as follows: 1. Skilled working Supervisor $ 50.00/HR 2. 2-1/4 CY Track loader $105.00/HR (Allow (1) hour per unit for deliver of all equipment) 3. Rubber Tired Backhoe $ 90.00/HR 4. Skid Loader $ 85.00/HR 5. Mini Excavator $ 85.00/HR 6. Skilled carpenter $45.00/HR 7. Semiskilled, carpenter helper $25.00/HR 8. Laborer, Skilled $20.00/HR (Two-Hour Minimum) 9.. Laborer, Unskilled $18.50/HR (Two-hour Minimum) 10.. Other skills available upon request. All rates are billed portal to portal, based upon normal working hours (8:00 AM to 4:30 PM week days, all work is fully insured. No minimum or maximum job size. Insurance certificate to available. Note: Permits and/or licenses may be required for some services, depending on your local regulations. Accepted: Qm tty OWIdigg Since lq36 Date: I Apr 07 06 02:56p T.R.ROLLFSON 11 (717) 233-2428 p.6 Scope of Work 1. Supply all necessary supervision to: Coordinate with owner, township officials and respective companies as necessary to expedite the work. I have called the township to determine if they will need an engineer (Survey) to establish boundaries and the actual location of the home. 2. Provide necessary equipment to grub and clean the site designated by the owner as the tentative location of the proposed home all grubbed materials to remain on site. 3. Layout of home; based upon plans provided by Lebanon Valley Homes and approved by East Pennsboro Township. Final location to be approved by owner and the township. 4. Excavation: a. Excavate and backfill foundation as required to suit site grade. b. Excavate and bacldll P.P.L. Electrical trench from pole to pole. i. Supply/instatl stone bedding as per PPL specifications. (15") ii. Supply/install 3" Schedule 40 conduit with Fish tape. iii. Supply/install 1 '/2" Schedule 40 conduit with Fish tape for communication line. c. Locate and stone drive as necessary with 2-RC materials to home site location. Location at the owner's discretion. d. Site to be reviewed with Lebanon Valley Homes to ascertain any additional clearing necessary to facilitate the delivery and setting of the new home. Also area needed to set up and use crane. e. Excavate for sewer trench and grinder pump. (Specifications needed) 5. Foundation: a. Supply/install concrete footers and piers footings for the home as per plan. 16" wide X 8" deep X house perimeter. #2500 PSI b. Foundation walls are understood to be 8" HC block with cement pargeting on the exterior. c. Foundation walls are to be spray coated with asphalt to grade. d. Supplyrinstaff 4" corrugated perforated plastic perimeter foundation drain. i. Drain to be covered with 2-13 limestone 12" cover. ii. Stone to be covered with filter fabric prior to backfill. e. Supply/install 6 NO vapor barrier inside the foundation prior to setting of house. f. Supply/install 6" minimum of graded stone inside the foundation prior to setting of the home. g. "You might consider an optional Radon pipe system inside just in case. 6. Additional Work upon request. Ac,ceo",, Rpr,07 06 02:56p T.R.ROLLRSON 11 (717) 233-2428 p.7 Terms and Conditions Deposit upon acceptance: $10,000.00 Billing cycle to be every two (2) weeks. Itemized Net 10 A Monthly service charge of 1-1!2% will be accessed for any payment going beyond 30 days past due. The account will be turned over for collection and the owner hereby agrees to pay reasonable attorney and all court costs. T.R. ROLLASON BUILDER The Pixit hi -n Building Repair Service 25 SarhelmRd. ® Harrisburg, PA 17112 717-652-8610 tax 717-233-2428 BILL TO: Mr. Mark Beckerman 4612 Fargreen Road Harrisburg, PA. 17110 Invoice I DATE NVOICE # 12/13/2005 1756 QUANTITY DESCRIPTION RATE AMOUNT 176.25 'four Ill 30.00 5,287.50 161.5 TR II Skilled Working Supervisor 50.00 8,075.00 14 Skilled Mason & Tender & Labor - Footers 65.60 910.00 39 Skilled Mason & Tender - Lay walls & Piers 65 00 2,535.00 66 llectridan - Install meter base, move load center to utility room, install septic 45.00 2,970.00 controls, exterior lighting, phone jacks; witing modifications etc 24 Laborer 18.50 414.00 81 Backhoe 90.00 7,290.00 26 Skid Loader 55.00 2,210.00 14 Mini Excavator 85.00 1,190.00 13 Track Loader 2 ll2 CY 105.00 1,365.00 7 Propane heater /day 15.60 109.20 7 Generator 5KW /day 35.00 245.00 4 HDZO' Chain Saw 62.00 248.00 Subtotal 32,378.70 FOUNDATION 11 2X8X16PT 0.00 0.00 4 Sill Sealer 6" X 50' 0.00 000 2 4" Corrugated Perforated plastic Pipe 100' 0.00 0.00 1 Visqueen 37 X 100' Clear 6Mil 32204pan 0,00 0.00 Subtotal of Above Inv. Items 353.99 353.99 York Bldg Products .,260.90 1,260.90 11C. Budding - Mortar Mix Block vents, sand 564.19 564.19 J.C. Budding - mortar trtlx, sand scoop, (50) 8x3216 154.44 154.44 `Panmay - concrete - footers 1,000.64 1,000.64 Pennsy - H/7/05 (23.35 ton Aashto #57)', 11/8/05 - (23.51 Asshto #57 23 37 Pashto 833.19 333.19 #10) Mixer Fuel 2351 23.51 5 Mixer/day 43.00 240.00 Foundatica Spray 13L22 131.22 Subtotal 4,56208 033 Overhead 33% 4,562.00 1,505.46 TOTAL Page 1 EXHIBIT "B" T.R. ROLLASOM BUILDER The Fixit Men Building Repair Service 25 Sarheim Rd. Harrisburg, PA 17112 717-65243610 tax 717-233.2429 I BILL TO: Mr. Mark Beckerman 4612 Fargreen Road Hamsburg. PA. i'110 Invoice DATE INVOICE N 19J13?200> 1'756 P.O. NUMBER TERNIS PROJECT UTMITY LRNES 310 3" PVC SdL 40 Conduit 172358 844,31 2 3" PVC SCh 40 Long Sweep 25.85 51.70 4 3" PVC Cplg,s 1.6875 6.75 2 3" cap/plug 1.135 227 2 3" pipe clamp 2.85 5.70 620 1-1/2" Sch 40 Conduit 1.09516 679.00 4 1-112" Sch 40 Conduit 90's 15725 629 8 1-1/2" Sch 40 cpings 0.445 3.56 4 1- 1/2" PVC cap/plug 0.6975 2.79 4 1-1/2" pipe clamp 2.50 10.00 1 Flat non metallic fists Tape 261.82 261.82 1 Adhesive Qt. 10.18 10.18 1 PVC Cleaner QT. 5.37 5.37 900 Line marking tape LF 0.04146 37.31 1 E One Sewer system Model # 2010-93 3,215.00 3,215.00 1 Pipe whip 70.00 70.00 3,285 State Tax 0.06 197.10 1 Delivery Charge 124.90 174.90 1 Puller, cut saw 75.00 75.00 50 Red Head Quick Bolts 1/2" Y 3-1/2" w with nuts and washers 0.589 29.45 .100 1-1/2" PVC Pipe - Low pressure sewer 0.66 66.00 7 1010 Pressure connectors 0.50 3.50 1 PVC Cleaner Pint 4.55 4.55 40 4" PVC Pipe 2.29 91.60 2 4" Couplings 3.30 6.60 172.25 State Tax 0.06 10.34 Penney - 11;15/05 3 tuck loads stone ;71.60 ton); 1111£105 2227 ton stone L090.57 1,09057 Subtotal 8,417.12 0.33 Overhead 330.0 8,417.12 2,777.65 PORCHES TOTAL Page 2 T.R. ROLLASON BUILDER The Fixit Man Building Repair Service ® 25 Sartalm Rd. Harrisburg, PA 17112 717.8628810 tax 717,233-2428 I BILL TO: W. Mark Beckerman 4612 Fargreen Road Harrisburg, PA 17110 Invoice 12113.12005 1756 P.O. NUMBER TERMS PROJECT QUANTITY DESCRIPTION i RATE A MOUNT 8 Concrete postpads/feet 1.99 15.92 7 4 X 4 X 8 PT please pick for appearance 6.65 46.55 2 4 X 4 X 10'P T for appeerartce 11.42 22.84 4 318 X 4" Gatv lags 1.29 5.16 4 1/2" X 4" Galy Carriage bolts 1.48 5.92 28 112 X 6" Gdv Cage bolts 1.51357 42.38 32 U2" Ga1v hex nuts 0.27 8.64 36 1/2" Gals, plate washers 0.24 8.64 5 Deck Screws 3" Ibs 4.956 24.78 5 3-112" Deck Screws IN 4.956 24.78 '_ 3" T- fringes w/ screws Galrv. 2.38 4.76 2 4" glav. barrel bolt 3.12 6.24 1 1-112" Sponge self adhesive back weather stripping Pkg. 0.00 0.00 1 2-1/2" Shot Pins Box of 25-50 0.00 0.00 27 Cal strip shots 0.00 0.00 8 2X8X8PT 0.00 (11.00 4 2X8X10PT 0.00 0.00 8 2X8X12PT 0.00 0.00 26 2 X 8 Galv. joist hangers ogle 0.00 0,00 2 2 X 8 Galv joist hangers double 0.00 0.00 24 5/4 X 6 X 8 PT decking 0.00 0.00 6 514 X 6 X 10' PT decking 0.00 0.00 12 2 X 4 X S' PT pick for appearance 0.00 0.00 S' 2 X 4 X 10' PT pick for appearance 0.00 0.00 4 2 X 4 X 12' PT pick for appearance 0.00 0.00 ... °- Subtotal Horne' Depot' Inv. above materials - 663.48 663.48 1 314"X4 X 8 CDX Plywood 31?7 31.77 "....`". l'-V6-X6l8Sired PHDomFlush-RH with deadbolt bore - 89.00 - 89.00 1 3i0 Jamb Extension. to 6" 18.20 18.20 2 KA Lockset and dead bolt Brass finish Kwikset or equal 32.95 65.90 1 52 Gal Elect. standard Water Heater 203.03 208.03 1 Water Heater Pan 16.21 1621 1 Delivery Charge 59.011 59.00 TOTAL Page 3 B T.R. ROLLASON BUILDER The Fx11 Man Building Repair Service 25 Sarhelm Rd. Harrisburg, PA 17112 717862-9810 tot 717-2332428 BILL TO: Mr. Mark Beckerman 4612 Fa green Road Harrisburg, PA. 17110 Invoice 12!13,2005 1756 P.O. NUMBER TERMS PROJECT QUANTITY DESCRIPTION RATE AMOUNT Subtotal 0.33 Overhead 33% 4,145.85 4,145.85 1,368.13 Electric inspection, service and final 220.00 220.00 Lowe's - electric - Floods 65.19 65.19 Fuel Expense - work van 25.00 25.00 Home Depot - 68.34 68.34 Kmart -Elec. Markers 8.47 8.47 Home Depot :12.67 32.67 Lowes 81.69 81.69 Yale Electric - Service Materials 529 75 529.7` Yale Electric - Service Materials 22.75 22.75 Yale Electric - main breaker 102 . 50 102, 50 Hornwrg's - natural gas - Temporary heat 62.92 62.92 diesel hie] 101.56 101.56 Lowes 27,36 2736 Home Depot 82 96 82.96 Home Depot 300.69 400,69 PepBoys - instant garage 190.78 190.78 Home Dcnot Concrete Ballast fcr Garage feet 24.10 24A0 Home Depot - flashing Lockset, ledger board 33 ;7 83.57 Home Depot - Deck Nails 63.;0 63.50 Yale Electric 130.48 130.48 WELL DRILLINO & INSTALLATION Eichelberger's - well drilling 2.565.87 '. 1568.97 Eichelbergeft - submersible nrantp k mateaa>F 1,535.00 1,635A0 Home Depot 14616 14636 Home Depot - return breaker _,.; Home Depot - breakers etc %4. f 1 74.41 TOTAL ,zge d T.R. ROLLASON BUILDER The Fixit Man Building Repair Service ® 25 SarWrn Rd. Harrisburg, PA 17112 717.862-8810 tax 717-233-2428 Invoice DATE INVOICE It 12r13n•?Gi BILL TO: Mr. Mark Beckerman 4612 Fargreen Road Harrisburg, PA- 17110 t 756 P.O. NUMBER TERMS PROJECT Focht Johnston Plumbing - Install sewer purnp line, drain lines in crawl space, 2,999.50 2,999.80 SutpplyCmstall water lines in crawl space, hookup water beater generator gas 17-74 17,14 Home Depot - return 2x5's. etc -93.43 -93.43 Homung's - propane tank - Temporary Heat 20 02 20.02 work vats fuel 37.22 37.22 DRIVEWAY & PARKING Penny - 70.05 ton 1119130 691.30 Penny - 21.64 ton 213-56 213 56 Penny - 69.49 tons of sub bare 65578 68; 78 Home Depot 2e e" 26 47 diesel fuel - Work truck -,1 7g 73,78 work van fuel 75.oti 75,00 Amencan Aluminum - gutters & downspouts 1 100 00 1,200.00 Yale - return MCB kit 94 a8 -94.48 Total Reirnborsable Exj?ense, 12470 16 Markup 310r y^ ;. 4.115.15 Total Reimbursable Expenses M'55.31 P AYMI' STS - nent 11101(05 _.q 000100 c,(:Ofi.(N1 -1 Payment 11/09/05 -*;.00() 00 -5,000.00 Payment 11.17105 - 2,;00.00 -;,400.00 Payment 11/23!05 -5.000.00 -5,000.00 Payment II/23!'05. 5 . O S . Payment 12/0505 -5,000.0f) 0) W ,Glu).00 - S 00 TOTAL Page . p T.R. ROLLASON BUILDER !l THE FOOTMAN BUILDING REPAIR SERVICE ® P.O. BOX 62110 HARRISBURG, PA 17106.2110 717652-8610 FAX 717-233-2428 Mr. Mark Micerman 1030 Belle Vista Drive Enola, PA 17025 12242005 Balnce farward 01/09/2006 PMT8001694. 01/26/2006 INV 8FC 11. Due 0126/2006. Fmeoce Charge Statement 1!26!2006 $23,455.33 -10,000.00 498.14 32,957.19 22,957.19 23,45533 49& 14 0.00 22,957.19 0.00 0.00 523,45533 A°P, 29. 2396 10;49AM 1112361177 N0.942 P. 2 I, THOMAS R. ROLLASON, U, Owner of Plaintiff herein, hereby certify that the facts set forth in the foregoing Complaint are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Thomas R. ollason, 11 1w V ?h nh 'ff`c1, v ?. J v1` T.R. ROLLASON BUILDER T/D/B/A IN THE COURT OF COMMON PLEAS THE FIXIT MAN BUILDING AND CUMBERLAND CO TY, PENNSYLVANIA REPAIR SERVICE, Plaintiff V, MARK BECKERMAN, Defendant NO. 06-2487 CIVIL ACTION - LA I, Jana Butler Toole, Esquire, hereby certify that on the 26`h and correct copy of the foregoing Ten Day Notice by depositing prepaid in Harrisburg, Pennsylvania, addressed as follows: Mark Beckerman c/o Don Bailey, Esquire Bailey & Ostrowski 4311 N. 6th Street Harrisburg, PA 17110 Attorney for I.D. #80574 500 North P.O. Box 11 Harrisburg, (717) 236-1 of May, 2006, I served a true in the United States Mail, postage Esquire Street, 12`h Floor 17108 T.R. ROLLASON BUILDER T/D/B/A THE FIXIT MAN BUILDING AND REPAIR SERVICE, Plaintiff V. MARK BECKERMAN, Defendant TO: Mark Beckerman c/o Don Bailey, Esquire Bailey & Ostrowski 4311 N. 6`h Street Harrisburg, PA 17110 DATE OF NOTICE: May 26, 2006 IN THE COURT OF CUMBERLAND CO NO. 06-2487 CIVIL ACTION - LA IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED' OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) I THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YC AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTt6 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE OUT WHERE YOU CAN GET LEGAL HELP. VON PLEAS , PENNSYLVANIA TAKE ACTION REQUIRED YS FROM THE DATE OF WITHOUT A HEARING, T RIGHTS. YOU SHOULD DT HAVE A LAWYER OR T FORTH BELOW TO FIND CUMBERLAND COUNTY BAR ASSOCI TION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 A: Mark Beckerman c/o Don Bailey, Esquire Bailey & Ostrowski 4311 N. 6`h Street Harrisburg, PA 17110 NOTICIA IMPORTANTE FECHA DE NOTICIA: May 26, 2006 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR P TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES P( HA FALTADO EN NO ACTUA DENTRO QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIAUSTED PODRIA PERDER DINERO OR PROPIEDAD U OTROS DERECHOS IMPORTANTE PARA USTED. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAM4NTE. SI USTED NO TIENE UN ABOGADO, LLAME OR VAYA A LA SIGUIENTE OFICINA. ES A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO UN ABOGADO. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 u, T f"Pr ' lil = 4 co t -r;''r-+' ?4y Don Bailey, Esquire PAID# 23786 4311 N. 6`h Street Harrisburg, PA 17110 (717) 221-9500 T.R. ROLLASON BUILDER T/DB/A THE FIXIT MAN BUILDING AND REPAIR SERVICE, Plaintiff Attorney for Defendant NO. 06-2487 CIVIL TERM MARK BECKERMAN, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to file a written response to the enclosed DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM within twenty (20) days from service hereof or a judgment may be entered against you. RESPECTFULLY SUBMITTED, BAKE4 OWSKI By: Don al ey PAID# 23786 4311 N. 6 h Street Harrisburg, PA 17110 (717) 221-9500 Don Bailey, Esquire PAID# 23786 4311 N. 6 h Street Harrisburg, PA 17110 (717) 221-9500 T.R. ROLLASON BUILDER T/DB/A THE FIXIT MAN BUILDING AND REPAIR SERVICE, Plaintiff Attorney for Defendant NO. 06-2487 CIVIL TERM MARK BECKERMAN, Defendant JURY TRIAL DEMANDED DEFENDANTS ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW Comes defendant Mark Beckerman who answers the plaintiffs complaint, avers New Matter, and brings certain Counterclaims. INTRODUCTORY STATEMENT The defendant Mark Beckerman answers the defendant's claims stating New Matter and also brings Counterclaims for fraud, negligence and breach of contract. The fraud Beckerman alleges is of a tortuous nature while he claims defendant not only breached their contract but also behaved in a negligent and deficient manner inter alia using the contract as a way to defraud and steal from defendant Beckerman. Defendant alleges the plaintiff also made intentionally false and misleading representations about the necessity and extent of costs in order to unlawfully exaggerate monies due plaintiff and extract money from defendant. 1.) Admitted. 2.) Admitted. 3.) Admitted. 4.) Denied. Plaintiff was never informed of any such alleged fax(es) to Hershel Lock. 5.) Denied. It is agreed only that the parties entered into a verbal agreement for the plaintiff to perform certain services discussed between the parities. By way of further response defendant was to perform those services for an amount not to exceed $30,000.00. It is admitted that defendant gave plaintiff $10,000.00 to begin work. 6.) Admitted in part but certain inferences are denied. It is admitted that plaintiff began work on defendant's property on or about November 2005. Any inference that plaintiff began work on the project under any contract term or condition not subject to an agreement between the parties that plaintiff was to perform his services for a figure not to exceed $30,000.00 is denied. It is denied that the plaintiff among other things performed his part of the agreement in a workman like manner. Plaintiff was negligent and proceeded in an un-workmanlike manner in repairs to the house, the building of decks, removal of trees and other particulars. 7.) Denied. It is agreed that plaintiff stopped working sometime in December 2005. It is averred to the contrary that plaintiff did not perform as promised. Plaintiff performed some work but left defendant's property in a complete shambles with debris left lying about, unused materials for which defendant 2 was charged were left at the site, taking high priced items, which defendant unlawfully used plaintiff's money to purchase. Plaintiff was forced to hire other persons to clean upon his property including the necessity to clean up the negligent and incomplete work of plaintiffs son who was billed to defendants at excessive rates as an expert of sorts. 8.) Denied in part. Admitted in part. It is admitted only that plaintiff was given an invoice demanding over $68,000.00 from defendant. It is denied that any invoices plaintiff provided the defendant are accurate in their content or on their face, that they reflect accurately any costs of materials or services, that any underlying bills or receipts were ever provided to plaintiff as evidence of work performed or that any such invoices can or will accurately reflect actual work done on defendant's property or actual materials put into defendant's property. By way of further response the invoices provided the defendant do not provide detail as to the uses of materials and do not even reflect what billings are for. By way of further response the billings are in egregious excess of the not to exceed figure agreed to by the plaintiff and do not reflect the cost of work negligently performed in any event, or the costs of property damage caused by the plaintiff. The invoices do not reflect work performed and for what purpose, nor do they reflect what payments were applied to as plaintiff had agreed. 9.) Admitted. By way of further response plaintiff did not justify or explain the demand he made upon defendant for an additional $10,000.00 but made the 3 demand knowing defendant had no choice but to move at the time being under extreme pressure. 10.) Denied. It is denied that there was any agreement to allow the plaintiff to charge defendant in an open ended fashion for services and supplies or that plaintiff would charge in excess of $30,000.00 or that the defendant owed the plaintiff in any way. It is averred to the contrary that defendant owed plaintiff no money but that the plaintiff owes defendant damages for breach of contract, fraud, and negligence. 11.) Denied. There is no advance due the plaintiff who has harassed plaintiff, extorted money from him, fraudulently billed him, and negligently performed other work. 12.) Denied. The defendant did not perform under the agreement between the parties, charged exorbitantly for unskilled labor that was fraudulently misrepresented as to skill and ability. Some work was performed in a shoddy makeshift manner being of such poor quality that defendant had to have it repaired which he is prepared to prove at trial. The plaintiffs work was of exceptionally poor quality, his costs were padded, and he further caused damage to defendant's property. 13.) Denied. It is impossible to ascertain what materials were used for what purpose or if they were even used for the defendant. The charge for labor is excessive to the amount of work and skill level. It is emphatically denied that the prices charged by plaintiff were reasonable fair and justified. Plaintiff 4 said if defendant doesn't give him another $10,000.00 defendant couldn't move in. WHEREFORE defendant denies that plaintiff is entitled to $23,455.33 plus interest and costs and avers to the contrary that defendant is owed money on the contract between the parties with additional damages for fraud, harassment, and negligence as further described herein. NEW MATTER 14.) Defendant signed no contracts and did not receive or review the documents in plaintiff's exhibits A, nor did plaintiff review or discuss Exhibit B with the plaintiff prior to receiving any invoices which he did not approve. 15.) Plaintiff agreed to a not to exceed $30,000 contract cost for the defendant's contracted needs. 16.) The plaintiffs never informed plaintiff as to a 33 1/3% mark-up or 10% profit, nor that 33 1/3% would be added to rental costs for equipment. Plaintiff represented he had all equipment needed to perform work. 17.) Plaintiff billed his son "Tom III" as a superior and highly experienced employee assessing 176.25 ($5887.50) hours for his work which was no more skilled than common labor work (which should have been billed at $20.00 hour or less). 18.) Tom III erected a "garage" which due to negligent installation work collapsed on defendant's Lexus automobile costing him significant damage. 19.) Plaintiff left the work site in a condition of dangerously cluttered disarray. 5 20.) Plaintiff charged defendant over $4,000.00 for a small ground level deck roughly 5'x5' the cost of which, including labor, did not exceed a few hundred dollars. 21.) The plaintiff's employees including "Tom III" did shoddy and potentially damaging work on the soffit, gutters, (and siding) including the corners of defendant's house that was unsightly and in all ways deficient in workmanship. 22.) Defendant had to have plaintiff's deficient workmanship errors repaired. WHEREFORE defendant requests that plaintiff plead to the above New Matter. COUNTERCLAIM BREACH OF CONTRACT 23.) Paragraphs 1 through 22 above are incorporated by reference herein. 24.) The plaintiff's failure to perform as agreed cost defendant an as yet unascertained amount of money to repair the damage done to his home and automobile. 25.) The "temporary" garage was a total loss. It collapsed on defendant's car because it was improperly installed. 26.) The plaintiff, in excess of the agreed upon arrangement between the parties literally extorted $10,000.00 from defendant knowing he had to move for which defendant demands reimbursement. WHEREFORE the defendant demands judgment of plaintiff in the amount of $10,000.00 together with fees and interest and an as yet unspecified 6 amount of money for breach of contract with damages for work performed in an unworkmanslike manner. NEGLIGENCE 27.) Paragraphs 1-27 above are incorporated by reference herein. 28.) The plaintiff negligently installed a garage on defendant's property not tying it down which collapsed and damaged Lexis automobile parked within. FRAUD 29.) Paragraphs 1-28 are incorporated herein by reference. 30.) The defendant padded costs and hours to perform services and exaggerate work performed. 31.) Defendant is prepared to prove at trial that plaintiff costs and profit margin for the services actually performed should not have exceeded $30,000.00. 32.) Plaintiff fraudulently misrepresented the skill level and need for "Tom II" using his common labor skills to charge defendant exhorbitant labor rates. 33.) Plaintiff used defendant's money to purchase building supplies and took which plaintiff kept defrauding defendant of his money and using him to capitalize plaintiffs business. 34.) Plaintiff charged defendant overhead on overhead like money on rental fees etc to inflate the billings to defendant. 35.) Defendant grossly and dishonestly inflated the costs of labor and materials to defendant in order to fraudulent induce him to pay money for work not performed. 7 CTF Y EMITTED, By: D aile? squire 4311 N. 6 Street Harrisburg, Pa 17110 717.221.9500 717.221.9600 VERIFICATION I, MARK BECKERMAN do hereby verify that the aforementioned statements contained in the DEFENDANTS ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I make this verification knowing that it is unlawful pursuant to 18 C.S. §4904 both criminally and civilly, to provide false information in a legal proceeding. I CERTIFICATE OF SERVICE I, Don Bailey do hereby certify that on June 2, 2006 I served a true and correct copy of the DEFENDANTS ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM to the attorneys listed below by First class-postage prepaid mail: RONALD BUTLER 500 NORTH THIRD STREET P.O. BOX 1004 HARRISBURG, PA 17108-1004 RESPECTFULLY SUBMITTED, *BLE OSTIOWSKI &C) By:y 786 4311 N. 6th Street Harrisburg, PA 17110 (717) 221-9500 9 C„7 N r..) -R•1 - N _-i r`?S 4. f -y T.R. ROLLASON BUILDER T/D/B/A IN THE COURT OF COMMON PLEAS THE FIXIT MAN BUILDING AND CUMBERLAND COUNTY, PENNSYLVANIA REPAIR SERVICE, Plaintiff v. NO. 06242 5 MARK BECKERMAN, Defendant CIVIL ACTION -LAW PLAINTIFF'S REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM AND NOW, comes the Plaintiff, T.R. Rollason Builder t/d/b/a The Fixit Man Building and Repair Service, by and through its attorneys, Butler Law Firm, and files this Plaintiff's Reply to Defendant's New Matter and Answer to Counterclaim averring as follows: REPLY TO NEW MATTER 14. Admitted in part and Denied in part. It is admitted only that Defendant did not sign any written contracts. All other allegations are specifically denied. To the contrary, the parties discussed the terms and conditions of work, which were later memorialized by Plaintiff and faxed to Defendant's then-attorney, Herschel Lock, on or about November 3, 2005 (Exhibit "A" to Plaintiff's Complaint). Plaintiff is without sufficient information or knowledge to aver whether or not Defendant reviewed these documents. As such, said allegations are specifically denied and strict proof thereof is demanded at trial. 15. Denied. Plaintiff never made any such agreement. To the contrary, the parties agreed that Plaintiff would charge on a time and materials basis as further described in the documents prepared by Plaintiff and faxed to Defendant's then-attorney, Herschel Lock, on November 3, 2005. 16. Denied. To the contrary, Plaintiff and Defendant reached a verbal agreement which was set forth in writing by Plaintiff and faxed to Defendant's then-attorney, Herschel Lock, on November 3, 2005. 17. Admitted in part and denied in part. It is admitted only that Plaintiff billed 176.25 hours for labor performed by Tom III. As stated on the invoices attached to Plaintiff's Complaint as Exhibit "B", Plaintiff billed 176.25 hours for labor performed by Tom III at a rate of $30.00 per hour for a total of $5,287.50 (the amount stated in Defendant's New Matter in incorrect). Tom III is a carpenter and performed additional supervisory duties. Tom III performed good and valuable services and the amount charged was reasonable and the market price therefor. 18. Denied. Defendant requested Plaintiff to erect a "temporary" (see paragraph 25 of Defendant's Counterclaim) "garage" on Defendant's property. Defendant further instructed Plaintiff to purchase a kit which consisted of metal poles and a tent like canvas "roof'. Plaintiff purchased the Shelter Logic brand instant auto shelter and erected said structure according to the manufacturer's directions in a workmanlike manner. The amount charged to Defendant for such services was reasonable and the market price therefor. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of the averment that Defendant's Lexus sustained damage. As such, said allegation is specifically denied and strict proof thereof is demanded at trial. 19. Denied. Plaintiff specifically denies the averments made in this paragraph and strict proof thereof is demanded at trial. 20. Denied. At Defendant's request, Plaintiff constructed two (2) decks, one in the front of the house approximately 5'x5' in size and one in the rear of the house, which was substantially larger. Both decks required substantial labor and materials and were constructed in a timely and workmanlike manner. The charges for material and labor were fair and reasonable and the market prices therefor. 21. Denied. Plaintiff performed all work in a professional and workmanlike manner. By way of further explanation, Plaintiff performed no work on either the soffit or siding. Plaintiff did provide labor and materials for the gutters and this work was performed in a professional and workmanlike manner. 22. Denied. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of the averments made in the paragraph. As such, said allegations are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff, T.R. Rollason Builder t/d/b/a The Fixit Man Building and Repair Service respectfully requests this Honorable Court to dismiss Defendant, Mark Beckerman's, New Matter and enter judgment in favor of Plaintiff and against Defendant in the sum of $23,455.33 being the amount demanded in the Complaint and grant all such other relief as this Honorable Court deems appropriate. ANSWER TO COUNTERCLAIM BREACH OF CONTRACT 23. No response is required. 24. Denied. Plaintiff performed all work pursuant to the parties' agreement and in a timely and workmanlike manner. Plaintiff is without sufficient information and knowledge to form a belief as to the truth of the remaining averments made in this paragraph. As such, said allegations are specifically denied and strict proof thereof is demanded at trial. The allegations made in this paragraph also constitute a conclusion of law to which no response is required. 25. Denied. Defendant requested Plaintiff to erect a "temporary garage" on Defendant's property. Defendant further instructed Plaintiff to purchase a kit which consisted of metal poles and a tent like canvas "roof'. Plaintiff purchased the Shelter Logic brand instant auto shelter and erected said structure according to the manufacturer's directions in a workmanlike manner. The amount charged to Defendant for such services was reasonable and the market price therefor. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of the averment that it collapsed on Defendant's Lexus. As such, said allegation is specifically denied and strict proof thereof is demanded at trial. 26. Denied. The allegation that Plaintiff "extorted" money from Defendant is a conclusion of law to which no response is required. This allegation is also made without any factual basis. The amount Plaintiff charged to Defendant is in accordance with their verbal agreement, the written documents faxed to his then-attorney, Herschel Lock, on November 3, 2005, and is a fair and reasonable amount for the labor and materials provided to Defendant. NEGLIGENCE 27. No response is required. 28. Admitted in part and Denied in part. It is admitted only that Plaintiff did not tie down the temporary garage structure. It is specifically denied that Plaintiff was negligent. To the contrary, Plaintiff erected the temporary garage according to the manufacturer's directions in a workmanlike manner. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of the averment that it collapsed on Defendant's Lexus. As such, said allegation is specifically denied and strict proof thereof is demanded at trial. FRAUD 29. No response is required. 30. Denied. The amounts Plaintiff charged to Defendant reflect the true and accurate costs and hours, are in accordance with the parties' agreement and are the fair and reasonable amounts for the labor and materials provided. 31. Denied. The amounts Plaintiff charged to Defendant reflect the true and accurate costs and hours, are in accordance with the parties' agreement and are the fair and reasonable amounts for the labor and materials provided. Plaintiff demands proof at trial of any allegation to the contrary. 32. Denied. The allegation that Plaintiff made a "fraudulent misrepresentation" is a conclusion of law to which no response is required. By way of further response, Tom II is a skilled work supervisor and project manager. His time was billed at $50.00 per hour (see Exhibit "B" to Plaintiff's Complaint), which is fair and reasonable and the market price for such services. 33. Denied. The allegation that Plaintiff "defrauded" Defendant is a legal conclusion to which no response is required. By way of further response, Plaintiff charged Defendant only for materials actually used on his project at a fair and reasonable price. 34. Denied. Plaintiff charged Defendant only for labor actually performed and materials and equipment actually used on his project at a fair and reasonable price. The amounts charged were also in accordance with the parties' verbal agreement and the written documents faxed to Defendant's then attorney, Herschel Lock, on November 3, 2005. 35. Denied. The allegation that Plaintiff committed "fraud" is a conclusion of law to which no response is required. By way of further response, Plaintiff charged Defendant only for labor actually performed and materials actually used on his project at a fair and reasonable price. The amounts charged were also in accordance with the parties' verbal agreement and the written documents faxed to Defendant's then attorney, Herschel Lock, on November 3, 2005. WHEREFORE, Plaintiff, T.R. Rollason Builder t/d/b/a The Fixit Man Building and Repair Service respectfully requests this Honorable Court to dismiss Defendant, Mark Beckerman's, Counterclaim and enter judgment in favor of Plaintiff and against Defendant in the sum of $23,455.33 being the amount demanded in the Complaint and grant all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff 4d , zvt By: m Ronald D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 VERIFICATION I, THOMAS R. ROLLASON, II, Owner of Plaintiff herein, hereby certify that the facts set forth in the foregoing Reply to New Matter and Answer to Counterclaim are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Thomas R. Rollason, T.R. ROLLASON BUILDER T/D/B/A IN THE COURT OF COMMON PLEAS THE FIXIT MAN BUILDING AND CUMBERLAND COUNTY, PENNSYLVANIA REPAIR SERVICE, Plaintiff V. NO. 06-2487 MARK BECKERMAN, Defendant CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the 13th day of June, 2006,1 served a true and correct copy of the foregoing Plaintiff's Reply to New Matter and Answer to Counterclaim by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Don Bailey, Esquire 4311 N. 6th Street Harrisburg, PA 17110 a Yey ler Toole, Esquire Atto for Plaintiff I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 C7) ' r y -?} SHERIFF'S RETURN - REGULAR CASE NO: 2006-02487 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TR ROLLASON BUILDER T/D/B/A VS BECKERMAN MARK SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BECKERMAN MARK the DEFENDANT , at 1713:00 HOURS, on the 5th day of May , 2006 at 1030 BELLE VISTA DRIVE ENOLA, PA 17025 MARK BECKERMAN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.08 Postage .39 Surcharge 10.00 .00 42.47 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 05/08/2006 BUTLER LAW FIRM By: Deputy Sheriff Prothonotary 4" .A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA T.R. ROLLASON BUILDER T/D/B/A THE F UT MAN BUILDING AND REPAIR SERVICE, Plaintiff VS. MARK BECKERMAN Defendants NO. 06-2487 CIVIL, ACTION LAW PETITION TO WITHDRAW AS COUNSEL AND NOW, upon this 25th day of October 2006, comes Don Bailey, Esquire counsel of record for the plaintiff, Mark Beckerman, in the above captioned matter, and presents to your Honorable Court the following as Petition to Withdraw as Counsel: 1.) The Counsel of record has represented the above named Defendant in the above captioned matter. 2.) On June 2, 2006, attorney Don Bailey, entered his appearance and agreed to represent the plaintiff in the above captioned matter, since that time plaintiff has informed counsel through other counsel that he no longer wants counsel to provide any further 1 , #i legal services and will be seeking other counsel to provide further legal services in this case if necessary. 3.) Opposing counsel Ron Butler Esquire concurs in this request. 4.) Plaintiffs counsel is also seeking the Courts indulgence is granting the plaintiff a reasonable time to seek other counsel. Respectfully bmitted, 1 By: C)&A on Bailey, Esquire PAID# 23 786 Bailey & Ostrowski 4311 N. 6t' Street Harrisburg, PA 17110 (717) 221-9500 2 k I i At IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA T.R. ROLLASON BUILDER T/D/B/A THE FIXIT MAN BUILDING AND REPAIR SERVICE, Plaintiff VS. MARK. BECKERMAN Defendants NO. 06-2487 CIVIL ACTION LAW CERTIFICATE OF SERVICE I, Don Bailey, do hereby certify that on this 25th day of October 2006, I caused to be served a true and correct copy of the foregoing Petition to Withdraw as Counsel, addressed as follows: Mark Beckerman 1030 Bell Vista Road Enola, Pennsylvania 17025 BUTLER LAW FIRM Ronald D. Butler Esquire 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 By: Re Don'-Bailey, Esquire",-R Bailey & Ostrowski 4311 N. 6th Street Harrisburg, PA 17110 23786 3 CD - `r ?l ' airil r T.R. ROLLASON BUILDER, t/d/b/a THE FIXIT MAN BUILDING AND REPAIR SERVICE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 06-2487 V. MARK BECKERMAN CIVIL ACTION LAW Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Plaintiff, T.R. Rollason Builder, t/d/b/a The Fixit Man Building and Repair Service. We are authorized to accept service of all documents in this matter. Respectfully submitted, Robert E. Kelly, , Esquire Attorney I.D. Ne 1925 Anthony W. Parker, Esquire Attorney I.D. No. 81251 KELLY, HOFFMAN & GODUTO LLP Commerce Towers, 10'h Floor 300 North Second Street Post Office Box 62003 Harrisburg, PA 17106-2003 717-920-8100 rkelly@khgllp.com Dated: October 31, 2006 Counsel for Plaintiff T.R. Rollason Builder, t/d/b/a The Fixit Man Building and Repair Service CERTIFICATE OF SERVICE On this 31" day of October 2006, I, Kristine Hendrix, a legal secretary in the law firm of Kelly, Hoffman & Goduto LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Don Bailey, Esquire Bailey & Ostrowski 4311 North Sixth Street Harrisburg, PA 17110 Counsel for Defendant Ronald D. Butler, Esquire Butler Law Firm 500 North Third Street 12`" Floor Harrisburg, PA 17101 ?n Krist ne Hendrix ?a cv? '- -n ?-? .? ..?? .?.5 ?,,. ,-. ._. --i ? t? _ .? .,, ?„? "c r e ?? T.R. ROLLASON BUILDER, t/d/b/a THE FIXIT MAN BUILDING AND REPAIR SERVICE V.. MARK BECKERMAN Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 06-2487 CIVIL ACTION LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance as counsel on behalf of Plaintiff T.R. Rollason Builder, t/d/b/a The Fixit Man Building and Repair Service. Service of papers in this case should be made to Anthony W. Parker, Esquire, Kelly, Hoffman, & Goduto, LLP, Commerce Towers - 10th Floor, Harrisburg, Pennsylvania 170013. Respectfully submitted, ?- Ron'Kidb. Butler, Esquire Butler Law Firm 500 North Third Street 12th Floor Harrisburg, PA 17101 Dated: November 0, , 2006 Counsel for Plaintiff T.R. Rollason Builder, t/d/b/a The Fixit Man Building and Repair Service CERTIFICATE OF SERVICE On this 7th day of November 2006, I, Kristine Hendrix, a legal secretary in the law firm of Kelly, Hoffman & Goduto LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing PRAECIPE FOR WITHDRAWAL OF APPEARANCE upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Don Bailey, Esquire Bailey & Ostrowski 4311 North Sixth Street Harrisburg, PA 17110 Counsel for Defendant Ronald D. Butler, Esquire Butler Law Firm 500 North Third Street 12th Floor Harrisburg, PA 17101 0 min Kristine Hendrix ,--? c? ? i ?-? ?; ? -- ?` s? ._--; _ _ " , > ..-,, .? ? . . ..? cu -ft ..w Nov 0 8 2006 Ai? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA T.R. ROLLASON BUILDER NO. 06-2487 T/DB/A THE FIXIT MAN BUILDING AND REPAIR SERVICE, Plaintiff V . MARK BECKERMAN Defendants CIVIL ACTION LAW ORDER i? And Now this 13 day of OV""?6,ri 2006 Attorney Don Bailey's f Petition to Withdraw as Counsel is hereby GRANTED: The defendant is hereby given 60-days to seek new counsel. 5 i"','.:irk r? ?S :g HV C 0 O 9001 T.R. ROLLASON BUILDER, t/d/b/a THE FIXIT MAN BUILDING AND REPAIR SERVICE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 06-2487 V. Defendant CIVIL ACTION LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Robert E. Kelly, Jr., Esquire, Anthony W. Parker, Esquire, and Kelly, Hoffman & Goduto LLP, on behalf of Plaintiff, T.R. Rollason Builder, t/d/b/a The Fixit Man Building and Repair Service. Respectfully submitted, z2 ony W. Parker, quire Attorney 51 KELLY, HOFFMAN & GODUTO LLP Commerce Towers, 10th Floor 300 North Second Street Post Office Box 62003 Harrisburg, PA 17106-2003 717-920-8100 MARK BECKERMAN Dated: April 13, 2007 Counsel for Plaintiff T.R. Rollason Builder, d/b/a The Fixit Man Building and Repair Service t -4 Respectfully submitted: T.R. ROLLASON BUILDER, t/d/b/a THE FIXIT MAN BUILDING AND REPAIR SERVICE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 06-2487 V. MARK BECKERMAN CIVIL ACTION LAW Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Robert E. Kelly, Jr., Esquire, Anthony W. Parker, Esquire, and Kelly, Parker & Cohen LLP, on behalf of Plaintiff, T.R. Rollason Builder, t/d/b/a The Fixit Man Building and Repair Service. We are authorized to accept service of all documents in this matter. Dated: April 13, 2007 Ebert Kelly, Jr. Attorney 21925 ony W. Parker Attorney No. 81251 KELLY, PARKER & COHEN LLP Commerce Towers - 10`h Floor 300 North Second Street Harrisburg, PA 17101 717-920-2220 Counsel for Plaintiff T.R. Rollason Builder, t/d/b/a The Fixit Man Building and Repair Service CERTIFICATE OF SERVICE On this )day of April 2007, I, Anthony W. Parker, Esquire, in the law firm of Kelly, Parker & Cohen LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing PRAECIPE FOR WITHDRAWAL OF APPEARANCE AND PRAECIPE FOR ENTRY OF APPEARANCE upon the person(s) and at the address(es) below named by United States First Class Mail, postage prepaid, in Harrisburg, PA: Mark Beckerman 1030 Belle Vista Drive Enola, PA 17025 tny W. ker, Esquire n 4-0 cs ) Robert E. Kelly, Jr. Attorney I.D. No. 21925 Anthony W. Parker Attorney I.D. No. 81251 KELLY, PARKER & COHEN. LLP 300 North Second Street -10 Floor Harrisburg, PA 17101 (717) 920-2220 FAX (717) 920-2370 rkellya-kpc-law.com gparker kpc-law.com T.R. ROLLASON BUILDER, t/d/b/a IN THE COURT OF COMMON PLEAS THE FIXIT MAN BUILDING AND CUMBERLAND COUNTY, REPAIR SERVICE, PENNSYLVANIA Plaintiff VS. No. 06-2487 MARK BECKERMAN, Civil Action - Law Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Plaintiff T.R. Rollason Builder, t/d/b/a The Fixit Man Building and Repair Service, certifies that: (a) a notice of intent to serve subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (b) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate at Exhibit A, (c) the subpoena which will be served is identical to the subpoena attached to the notice of intent, (d) Defendant does not object to the service of the Subpoena and agrees to waive the twenty-day notice requirement. thony ?yv. Parker Attorney ID No.81251 KELLY, PARKER & COHEN LLP Commerce Towers, 10th Floor 300 North Second Street Harrisburg, PA 17101 (717) 920-2220 aparker(a,kpc-law. com Attorneys for Plaintiff Dated: July 25, 2008 EXHIBIT A T.R. ROLLASON BUILDER, t/d/b/a THE FIXIT MAN BUILDING AND REPAIR SERVICE, Plaintiff VS. MARK BECKERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 06-2487 : CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, T.R. Rollason Builder, t/d/b/a The Fixit Man Building and Repair Service, intends to serve a subpoena, identical to the one attached to this Notice, on East Pennsboro Township. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made the subpoenas may be served. thon W. Parker ey I.D. No. 81251 KELLY, PARKER & COHEN LLP 300 North Second Street, I Och Floor Harrisburg, PA 17101 (717) 920-2220 FAX (717) 920-2370 aparker(a,kpc-law.com Attorneys for Plaintiff Dated: July 18, 2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND T.R. ROLLASON BUILDER, , t/d/b/a THE FIXIT MAN BUILDING AND REPAIR SERVICE, File No. 06-2487 Plaintff Vs. MARK BECKERMAN/ Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, East Pennsboro Township, TO. 98 South n l nl r) rl (7A ?y?sn g! Q f QA 1 7 1 n' (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents relating to the property located at 1030 Belle Vista, Enola, as more fully described on Exhibit A attached hereto Kelly, Parker & Cohen LLP, 300 North Second Street, at 10th Floor, Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Anthony W. Parker, Esquire ADDRESS: Kelly, Parker & Cohen LLP 300 North Second .S't'reet, 10th Floor Harrisburg PA 17101 TELEPHONE: 717-920-2220 SUPREME COURT ID # 81251 ATTORNEY FOR: P l a i n t i -f f BY THE URT: Prothonotary, Civil Division Dat C S Seal f the Court Deputy EXHIBIT A Any and all documents relating to the property located at 1030 Belle Vista Drive, Enola, Pennsylvania, including, but not limited to, permit applications, permits, surveys, and inspection reports relating to stakeouts, footings, foundation, concrete slabs, rough electrical, sewer lateral, final electrical, and final occupancy. CERTIFICATE OF SERVICE I, Wanda L. Hoffman, a paralegal with the law firm of Kelly, Parker & Cohen LLP, hereby certify that a true and correct copy of the foregoing Notice of Intent to Serve A Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served upon the following individual at the address below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, on July 18, 2008. Eric J. Wiener, Esquire 2515 North Front Street Harrisburg, PA 17101 Wanda L. H &6n CERTIFICATE OF SERVICE I, Wanda L. Hoffman, a paralegal with the law firm of Kelly, Parker & Cohen LLP, hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena Pursuant to Rule 4009.22 was served upon the following individual at the address below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, on July 25, 2008. Eric J. Wiener, Esquire 2515 North Front Street Harrisburg, PA 17101 /? 194AL- / ZJL? Wanda L. Ho an ? -_? ? ? "7`7 ? ?i` . ? ?? ? . (Jy M1 _,,.. ??r t ? . ,. - ,.::j T r? ? = tit ""Sw I T.R. ROLLASON BUILDER T/D/B/A THE FIXIT MAN BUILDING AND REPAIR SERVICE, Plaintiff V. MARK BECKERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2487 CIVIL ACTION - LAW PETITION FOR WITHDRAWAL OF APPEARANCE AND NOW COMES, Eric J. Wiener and files Petition for Withdrawal of Appearance and avers as follows: 1. Attorney Eric J. Wiener is of the Law Offices of Eric J. Wiener LLC, presently located at 2515 North Front Street, Harrisburg PA 17110. 2. Defendant Mark Beckerman, resides at 1030 Belle Vista Drive, Enola PA 17025. 3. The undersigned Attorney, Eric J. Wiener, has represented Defendant Mark Beckerman in the above captioned matter since on or around October 25, 2007. 4. Due to irreconcilable differences, the undersigned Attorney wishes to withdraw himself as Defendant, Mark Beckerman's counsel. 5. Further, Defendant has discharged the undersigned Attorney on September 11, 2008. 6. As a result of this withdrawal, no party to the action will suffer any prejudice or material or adverse effects relating to this matter. 7. Rule 1012(c) of the Pennsylvania Rules of Civil Procedure allows an attorney to file a petition for Withdrawal of Appearance. WHEREFORE, the undersigned for himself and the Law Offices of Eric J. Wiener LLC prays this court grant this Petition for Withdrawal of Appearance. Respectfully Submitted, LAW OF S OF ERIC J. WIENER LLC Dated: %4 d O Eric J. Wiener, Esquire I.D. No. 18046 2515 North Front Street Harrisburg, PA 17110 (717) 909-9999 2 M T.R. ROLLASON BUILDER TB/D/A IN THE COURT OF COMMON PLEAS THE FIXIT MAN BUILDING AND CUMBERLAND COUNTY, REPAIR SERVICE, PENNSYLVANIA Plaintiff V. MARK BECKERMAN, Defendant NO. 06-2487 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 10d' day of October, 2008, I, Levi E. Updyke, certify that I am a Law Clerk with the Law Offices of Eric J. Wiener LLC, attorney for the Defendant, and hereby certify that on this day I served the Petition for Vithdrawal of Appearance upon the person(s) indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Anthony W. Parker, Esquire Mark Beckerman Kelly, Parker & Cohen LLP 1030 Belle Vista Drive Commerce Towers -10`h Floor Enola, PA 17025 300 North Second Street Harrisburg, PA 17101 (Counsel for T.R. Rollason Builder) LAW OFFICES OF ERIC J. WIENER LLC By: Levi pdyke Law Clerk for Eric J. Wiener, Esq. 2515 North Front Street Harrisburg, PA 17110 Phone: 717-909-9999 Facsimile: 717-909-9009 r w w T.R. ROLLASON BUILDER T/D/B/A THE FIXIT MAN BUILDING AND REPAIR SERVICE, Plaintiff V. : MARK BECKERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2487 CIVIL ACTION - LAW AMENDED PETITION FOR WITHDRAWAL OF APPEARANCE AND NOW COMES, Eric J. Wiener and files Petition for Withdrawal of Appearance and avers as follows: 1. Attorney Eric J. Wiener is of the Law Offices of Eric J. Wiener LLC, presently located at 2515 North Front Street, Harrisburg PA 17110. 2. Defendant Mark Beckerman, resides at 1030 Belle Vista Drive, Enola PA 17025. 3. The undersigned Attorney, Eric J. Wiener, has represented Defendant Mark Beckerman in the above captioned matter since on or around October 25, 2007. 4. Due to irreconcilable differences, the undersigned Attorney wishes to withdraw himself as Defendant, Mark Beckerman's counsel. 5. Further, Defendant has discharged the undersigned Attorney on September 11, 2008. 6. As a result of this withdrawal, no party to the action will suffer any prejudice or material or adverse effects relating to this matter. 7. Rule 1012(c) of the Pennsylvania Rules of Civil Procedure allows an attorney to file a petition for Withdrawal of Appearance. 8. Concurrence of opposing counsel, Anthony W. Parker, of Kelly, Parker & Cohen, LLP, was sought and he made no objections to this withdrawal of appearance on behalf of undersigned attorney. 9. In regards to the above captioned matter the only issue in the same or related matter that has been ruled on was by Judge M.L. Ebert, Jr. who granted Attorney Don Bailey's Petition to Withdraw as Counsel on November 13, 2006. WHEREFORE, the undersigned for himself and the Law Offices of Eric J. Wiener LLC prays this court grant this Petition for Withdrawal of Appearance. Dated: Respectfully Submitted, LAW RIC J. WIENER LLC Eric J. Wiener, Esquire I.D. No. 18046 2515 North Front Street Harrisburg, PA 17110 (717) 909-9999 2 r7l T.R. ROLLASON BUILDER T/DB/A THE FIXIT MAN BUILDING AND REPAIR SERVICE, Plaintiff V. MARK BECKERMAN, Defendant OCT ' 14 200867 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA NO. 06-2487 CIVIL ACTION - LAW ORDER AND NOW, this A3r-4day of 5 dp ?, upon consideration Attorney Eric J. Wiener's Petition for Withdrawal of Appearance, it is hereby ordered that said petition is GRANTED. BY THE COURT Judge Distribution: ? Anthony W. Parker, Esquire Kelly, Parker & Cohen LLP Commerce Towers -10th Floor 300 North Second Street Harrisburg, PA 17101 /(Counsel for T.R. Rollason Builder) ? Mark Beckerman 1030 Belle Vista Drive ?Enola, PA 17025 -- Eric J. Wiener, Esquire Law Offices of Eric J. Wiener LLC 2515 North Front Street Harrisburg, PA 17110 C S enCC7 c 104 1 ?a?a.3?o8 (LLf?AV i\J., .1 W I I • I I WV CZ 130 BOOZ 3Hi JO T.R. ROLLASON BUILDER, t/d/b/a THE FIXIT MAN BUILDING AND REPAIR SERVICE Plaintiff V. MARK BECKERMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 06-2487 CIVIL ACTION LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGE OF SAID COURT: Kelly, Parker & Cohen, counsel for Plaintiff in the above action respectfully represent; 1. The above action is at issue. 2. The claim of the Plaintiff in the action is Twenty Three Thousand Four Hundred Fifty Five Dollars and thirty-three cents ($23,455.33). The counterclaim of the Defendant in the action is Ten Thousand Dollars ($10,000.00). The following attorneys are interested in the case as former counsel of Defendant and are otherwise disqualified to sit as arbitrators; Don Bailey, Esquire, 4311 North Sixth Street, Harrisburg, Pennsylvania 17110 Matthew J. Eshelman, Esquire, P.O. Box 1080, Camp Hill, Pennsylvania 17001-1080 Erik J. Wiener, Esquire, 2515 North Front Street, Harrisburg, Pennsylvania 17101 WHEREFORE, your Petitioner requests this Honorable Court appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ony W. arker, Esquire 1: . No. 81251 KELLY, PARKER & COHEN LLP Commerce Towers, 10th Floor 300 North Second Street Harrisburg, PA 17101 717-920-2220 Dated: October 29, 2008 Counsel for Plaintiff T.R. Rollason Builder, d/b/a The Fixit Man Building and Repair Service 70 ?? goo &1 1 -2 a T.R. ROLLASON BUILDER, t/d/b/a THE FIXIT MAN BUILDING AND REPAIR SERVICE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : DOCKET NO. 06-2487 V. MARK BECKERMAN Defendant CIVIL ACTION LAW ORDER OF COURT AND NOW, 1P , 200, in consideration of the foregoing petition, Esq., and A yv ?2 sq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By e Court, EDGAR B. BAYLEY Lij LLJ C G LL cx:) C14 Daniel M. Pell, Esq. 2550 Kingston Road Suite 305 York, PA 17402 Pa. Supreme Ct. ID21439 Tel 717.843.7801 Fax 717.852.8900 Email: pelldanl@aol.com T.R. Rollason Builder t/d/b/a The Fixit Man Building And Repair Service, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-2487 V. Mark Beckerman, : CIVIL ACTION-LAW Defendant DEFENDANT'S MOTION TO STRIKE THIS CASE FROM ARBITRATION AND FOR ORDER TO SHOW CAUSE 1. Movant is Mark Beckerman, Defendant in the above captioned case, by and through his counsel of record, Daniel M. Pell, Esq., 2550 Kingston Road, Suite 305, York, PA 17402. 2. Respondent, is T.R. Rollason Builder t/d/b/a The Fixit Man Building And Repair Service, the Plaintiff in this matter, by and through his counsel of record, Anthony W. Parker, Esq., 300 North Second Street, Commerce Towers-10`h Floor, Harrisburg, Pa. 17101. 3. Plaintiff moved this case for appointment of a Board of Arbitration in late October, 2008, and the Court in response to the Motion appointed a Board of Arbitrators on November 6, 2008. 4. Present counsel for Defendant has just entered his appearance of record in this matter simultaneously with the filing of this Motion to Strike. 5. Present counsel for Defendant was retained in the fourth week of October, 2008, to represent Defendant in this case, and contacted Plaintiff s counsel on or about October 30, 2008, to discuss this case. 6. In the course of such discussions, Defendant's counsel requested Plaintiff s counsel to strike this matter from Arbitration, which request Plaintiff's counsel refused. Likewise, Defendant's counsel asked Plaintiff's counsel for ninety(90) days within which to determine if depositions of Plaintiff and his witnesses were required and to complete same, and within which to interview Defendant's witnesses and to retain an expert witness or witnesses, which request was also denied. 7. Although Defendant has had three(3) prior counsel representing him in this case, to the knowledge of counsel neither Defendant nor any of his counsel have engaged in delay tactics in this case. 8. This action was commenced in May, 2006, and Plaintiff did not begin to schedule the deposition of Defendant until June, 2007. 9. Defendant has also had one(l) prior attorney in this matter representing him. 10. Rule 1301-1 of Local Rules of this Court provide that any case may be set down for Arbitration if the action is `at issue.' While `at issue' is not defined in the Rule, it may generally said that a case is at issue when the pleadings are closed, discovery has been taken, and the matter is ready for trial, where no delay tactics have been interposed by a party. 11. While it is understandable that Plaintiff's counsel is desirous of moving this case to Arbitration, the listing of this case for the appointment of a Board of Arbitrators was triggered by the withdrawal of Attorney Eric J. Weiner, Esq., as counsel for Defendant on or about October 23, 2008, per Order of this Court, (Judge Ebert). 12. This matter is not `at issue' as envisioned by Local Rule of Court, Rule 1301-1, in that Defendant must have the opportunity to complete discovery, and his counsel to interview witnesses and retain an expert witness or witnesses. 13. It is believed and therefore averred that a period of ninety(90) days is a reasonable time frame for counsel, new to this case, to complete same. 14. No prejudice will result to Plaintiff or his counsel by the grant of this Motion by this Court. 15. This matter has not previously been ruled upon by any Judge of this Court. 16. Counsel for Defendant has sought concurrence in this Motion at the end of October, 2008, which has been refused by Plaintiff's counsel. WHEREFORE, Defendant, Mark Beckerman, prays this Honorable Court for issuance of a Rule to Show Cause upon Plaintiff, as to why the relief requested in this Motion should not be granted as prayed for in the Motion. By: D e M. Pell, Esq. PA Supreme Ct. ID 21439 Attorney for Defendant Mark Beckerman 2550 Kingston Road, Suite 305 York, PA 17402 Tel # 717-843-7801 Proof of Service Undersigned counsel of record for Defendant, Mark Beckerman, hereby certifies to this Court that he caused a true and accurate copy of the attached Motion to Strike Case from Arbitration upon counsel for Plaintiff by placing a true and accurate copy of same into the hands of Federal Express for overnight delivery, and addressed as follows on the 12th day of November, 2008: Anthony W. Parker, Esq. Commerce Towers-10th Floor 300 North Second Street, Harrisburg, PA 17101 Daniel M. Pell Attorney for Defendant PA Supreme Court 21439 2550 Kingston Road, Suite 305 York, PA 17402 Q' A c t, it T.R. ROLLASON BUILDER, t/d/b/a IN THE COURT OF COMMON PLEAS OF THE FIXIT MAN BUILDING AND CUMBERLAND COUNTY, PENNSYLVANIA REPAIR SERVICE, PLAINTIFF V. MARK BECKERMAN, DEFENDANT NO. 06-2487 CIVIL ORDER OF COURT AND NOW, this 18th day of November, 2008, upon consideration of the Defendant's Motion to Strike this Case from Arbitration and for Order to Show Cause, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before December 8, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendant shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, N -1,. ?,UA M. L. Ebert, Jr., J. 'Anthony W. Parker, Esquire Att rney for Plaintiff Daniel M. Pell, Esquire Attorney for Defendant bas 1,E.5 ?ry 'z%U.C. Z cpj WY $1 AON BOBZ T.R. ROLLASON BUILDER, t/d/b/a THE FIXIT MAN BUILDING AND REPAIR SERVICE V. MARK BECKERMAN Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 06-2487 CIVIL ACTION LAW ANSWER OF PLAINTIFF T.R. ROLLASON BUILDER t/d/b/a THE FIXIT MAN BUILDING AND REPAIR SERVICE TO DEFENDANT'S MOTION TO STRIKE CASE FROM ARBITRATION AND NOW, comes Plaintiff T.R. Rollason Builder, t/d/b/a/ The Fixit Man Building and Repair Services ("Rollason") by and through its attorneys, Kelly, Parker & Cohen, LLP, and respectfully submits this Answer to Defendant's Motion to Strike Case from Arbitration, and in support thereof, avers as follows: I. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED in part. It is ADMITTED Daniel M. Pell, Esquire, counsel for Mark Beckerman contacted the undersigned's office on or about October 30, 2008. However, Plaintiff is unaware of the exact date Attorney Pell was retained and therefore can neither ADMIT nor DENY the averments. 6. ADMITTED in part, DENIED in part. It is ADMITTED the undersigned counsel declined to strike the matter from arbitration. It is DENIED Defendant has been denied the opportunity to conduct depositions, interview witnesses and complete discovery. This matter has been pending since May 2006. Over the course of the two (2) plus years this matter has been pending Defendant had ample opportunity to conduct discovery, but declined to do so. Rollason should not be prejudiced by Defendant's continued delay tactics. 7. ADMITTED in part, DENIED in part. It is ADMITTED Defendant, during the course of this litigation, retained and discharged three (3) counsel. It is DENIED Defendant has not engaged in delay tactics. Conversely, it is expressly alleged, and the timeline bears out, Defendant has employed nothing but delay tactics. Below is a timeline of Defendant's delay tactics: May 3, 2006 Complaint filed; May 5, 2006 Service effected; May 31, 2006 Ten Day Notice filed; June 2, 2006 Don Bailey, Esquire Enters Appearance; June 2, 206 Answer with New Matter and Counterclaim filed; June 9, 2006 Plaintiff serves Discovery on Defendant; June 14, 2006 Reply to New Matter and Counterclaim filed; August 30, 2006 Defendant's Answers to Discovery filed; October 25, 2006 Don Bailey files Petition to Withdraw stating "Plaintiff has informed counsel through other counsel that he no longer wants counsel to provide any further legal services and will be seeking other counsel to provide further legal services..."; November 13, 2006 Order Granting Leave to Withdraw and Staying Case for 60 Days For Defendant to Engage Alternate Counsel; 2 April 13, 2007 Second Set of Requests for Production of Documents served on Defendant directly, as alternate counsel not retained in accordance with Court Order; April 17, 2007 Matthew J. Eschelman, Esquire contacts undersigned indicating he has been retained as counsel for Defendant; April 20, 2007 Letter sent to Attorney Eschelman requesting Supplemental Answers to Initial Discovery Requests; May 15, 2007 Follow-up letter to Attorney Eschelman regarding discovery; June 4, 2007 Attorney Eschelman advises he will meet with Defendant later that week to prepare a settlement offer; June 5, 2007 Depositions of Plaintiff and Defendant scheduled for June 29, 2007 - did not take place because Defendant failed to comply with discovery requests; October 19, 2007 Letter sent to Defendant, directly, inquiring whether Attorney Eschelman is his counsel; October 24, 2007 Eric Wiener, Esquire contacts undersigned indicating he will Enter Appearance for Defendant; March 11, 2008 Letter to Attorney Wiener regarding overdue discovery responses; March 17, 2008 Attorney Wiener writes letter indicating he has not yet been retained as counsel (now 1.5 years after initial stay); March 19, 2008 Deposition Notice sent to Defendant scheduling deposition for April 9, 2008; March 28, 2008 Attorney Wiener Enters Appearance; 3 March 28, 2008 Attorney Wiener, on behalf of Defendant, cancels Defendant's deposition; April 1, 2008 Letter to Attorney Wiener requesting deposition dates; April 11, 2008 Depositions of Plaintiff and Defendant mutually scheduled for April 29, 2008; April 29, 2008 Attorney Wiener cancels deposition of Plaintiff, April 29, 2008 Depositions of Defendant commences but terminated early due to Defendant's refusal to answer questions; September 9, 2008 Letter to Attorney Wiener requesting inspection of property at issue-no response ever provided. Perhaps it is because Defendant discharged counsel two (2) days later. (See October 10, 2008 entry below); October 9, 2008 Communicate intent to Certify Ready for Arbitration to Attorney Wiener; October 10, 2008 Attorney Wiener files Petition for Withdrawal of Appearance citing "irreconcilable differences" and fact that Defendant discharged Attorney Wiener as counsel on September 11, 2008; October 17, 2008 Attorney Wiener files Amended Petition to Withdraw citing same reasons; October 23, 2008 Order Granting Leave to Withdraw; October 29, 2008 Petition to Appoint Arbitrators; October 30, 2008 Daniel Pell, Esquire contacts undersigned indicating representation and request Striking Petition to Appoint Arbitrators; 4 November 6, 2008 Order Appointing Arbitrators; November 12, 2008 Petition to Strike Arbitration; From inception Defendant has engaged in "delay tactics." Putting aside the need to file a "Ten Day Notice" to obtain an Answer to the Complaint, a clear pattern of delay still emerges. Defendant's initial counsel was discharged by counsel No. 2 in October 2006. Judge Ebert Stayed all proceedings for sixty days (60) so Defendant could retain alternate counsel. Defendant took no action to retain alternate counsel until Plaintiff served additional discovery in April 2007; at which point Attorney Eschelman (Attorney No. 3) signaled his representation. Depositions of Plaintiff and Defendant were scheduled then cancelled due to Defendant's continued refusal to participate in discovery. On October 24, 2007 Attorney Wiener (Attorney No. 4) signals his representation and promises discovery responses. However, Attorney Wiener could take no action until March. It took Defendant approximately 1.5 years for Defendant to obtain new counsel to enter appearance because Defendant "delayed" retaining him. Thereafter, depositions were scheduled by Plaintiff and cancelled by Defendant. Ultimately depositions of Plaintiff and Defendant were scheduled for April 29, 2008. However, Defendant on the morning of the depositions cancelled the deposition of Plaintiff. Defendant's deposition was terminated early due to Defendant's refusal to answer questions. Between April 29, 2008 and September 2008 Plaintiff requested, on several occasions, an opportunity to inspect the property. Defendant did not respond with any dates. Finally, Plaintiff conveys its intent to Petition for the Appointment of Arbitrators and in response another Petition for Leave to Withdraw as Counsel is filed. Thereafter Daniel Pell, Esquire (Attorney No. 5) enters his appearance and again further "delay" is requested so that Defendant can conduct discovery. Defendant has had over two (2) years to conduct discovery 5 and chose not to. Every time Plaintiff attempts to move this matter forward Defendant discharges his counsel and hires a new one. Clearly Defendant is engaging in "delay tactics". 8. ADMITTED in part, DENIED in part. It is ADMITTED this matter was commenced in May 2006. It is DENIED Plaintiff delayed discovery in this matter until June 2007. As evidenced by the timeline laid out in Answer to Paragraph No. 7, Plaintiff has diligently pursued discovery. Conversely, Defendant has taken no action to pursue its counterclaims or engage in any type of discovery. 9. DENIED as stated. It is ADMITTED this matter was commenced, on behalf of Rollason, by the Butler Law Firm. The Butler Law Firm routinely refers its litigation files to the undersigned for prosecution. It is DENIED the transfer of this matter from the Butler Law Firm to the undersigned delayed proceedings. 10. DENIED. The averments stated in Paragraph 10 of the Motion to Strike constitute conclusions of law to which no response is required. By way of further answer, Plaintiff asserts this matter is at issue and ready for adjudication. This matter has been pending for over two (2) years, in fact approaching three (3) years, with Defendant taking absolutely zero initiative to conduct discovery. Discovery is deemed completed if no action is taken within two (2) years after suit is filed and approximately one (1) year after discovery began. Reeves v. Middletown Ath. Assn., 2004 Pa. Super 475, _, 866 A.2d 1115, 1124 (2004). The party seeking discovery is under an obligation to seek discovery in a timely fashion. Where ample time for discovery has passed, the party seeking discovery is under an obligation to show that the information sought was material to the case and that the party proceeded with due diligence. Id. Here Defendant made no attempt in almost three (3) years to conduct discovery. Accordingly, this matter is ripe for adjudication. 6 11. DENIED. Plaintiff's decision to petition the Court for the Appointment of Arbitrators was not trigged by Attorney Eric J. Wiener's Petition to Withdraw as Counsel. The Petition was filed because the matter is ripe for arbitration. 12. DENIED. The averments contained in Paragraph 12 of the Petition to Strike Arbitration constitute conclusions of law to which no response is required. By way of further answer, Defendant, in almost three (3) years, has taken zero initiative to conduct discovery. This is another of Defendant's delay tactics. 13. DENIED. Defendant chose not to conduct any discovery in the past two and one half (2 %2) years. If Defendant has wished to conduct discovery he certainly had ample time to do so during that time. Permitting any additional delay in the adjudication of this case would severely prejudice Plaintiff. 14. DENIED. Any further delay will severely prejudice Plaintiff. The Court and Defendant are well aware of the current economic climate that reaches every segment of our economy, particularly the construction industry. Permitting Defendant to delay the adjudication of this matter, and consequently the payment of monies rightly owed Rollason will only further prejudice Rollason in that he is being denied the opportunity to collect for services rendered. Conversely, Defendant has had the use of the money for the past three (3) years. 15. ADMITTED. 16. ADMITTED. 7 WHEREFORE, Plaintiff T.R. Rollason Building t/d/b/a The Fixit Man Building and Repair Service respectfully requests this Honorable Court deny Defendant's Motion to Strike Arbitration and issue an Order Compelling Arbitration to take place within sixty (60) days. Respectfully submitted, Robert Kelly, Jr., Esquire Attorney . No. 21925 Ant ony . Parker, Esquire Attorney I.D. No. 81251 KELLY, PARKER & COHEN LLP Commerce Towers, 10th Floor 300 North Second Street Harrisburg, PA 17101 717-920-2220 Dated: December 2, 2008 Counsel for Plaintiff T.R. Rollason Builder, t/d/b/a The Fixit Man Building and Repair Service CERTIFICATE OF SERVICE On this 2nd day of December, 2008, I, Barbara J. Palese a legal secretary in the law firm of Kelly, Parker & Cohen LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing ANSWER OF PLAINTIFF T.R. ROLLASON BUILDER, t/d/b/a THE FIXIT MAN BUILDING AND REPAIR SERVCIE TO DEFENDANT'S MOTION TO STRIKE CASE FROM ARBITRATION upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Dan Pell, Esquire 2550 Kingston Road, Suite 305 York, PA 17402 James D. Flower, Jr., Esquire Saidis, Shuff, Flower & Lindsey 26 West High Street Carlisle, PA 17015 David H. Martineau, Esquire Salzman Hughes PC 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 George H. Matangos, Esquire 831 Market Street Lemoyne, PA 17043 Barbara . Palese ??"". -'i'e. ;: a . + ._ ?;..,1 (,,:.' T.R. Rollason Builder, t/d/b/a The Fixit Man Building And Repair Service, :IN THE COURT OF :COMMON PLEAS :OF CUMBERLAND :COUNTY, PA. Plaintiff V. :No. o6-2487 Mark Beckerman, :CIVIL ACTION -LAW Defendant • REPLY OF DEFENDANT TO ANSWER OF PLAINTIFF TO DEFENDANT'S MOTION TO STRIKE CASE FROM ARBITRATION The Defendant makes the following Reply to the Answer of Plaintiff on the pending Motion To Strike this case from Arbitration: 1. In paragraph 7. of Plaintiff s ANSWER it is clear that between November 13, 2006 and April 17, 2007, a period of THREE MONTHS beyond the stay, Plaintiff did nothing to sanction the Defendant nor move the litigation forward. 2. In paragraph 7 of Plaintiff s ANSWER, it is clear that from October 24, 2007 until March 11, 2008, a period of SIX MONTHS, Plaintiff did nothing to move the litigation forward. 3.In paragraph 7 of Plaintiff s ANSWER, it is clear that in April, 2008, and again in September, 2008, Plaintiff did nothing to sanction Defendant for his alleged refusal to answer questions at a scheduled deposition(he did show up apparently) nor took any action to require a Court-Ordered inspection of the premises of Defendant. 4-In paragraph 7 of Plaintiff's ANSWER, it is clear that within thirty(30 ) days of withdrawal of Defense counsel Wiener, new and present counsel 4.(continued) took action to contact Plaintiffs counsel, suggest a timeline for completion of discovery(which was rejected outright), and move the Court to strike this matter from Arbitration. 5. In paragraph, 7. of its ANSWER, at page 5 thereof, Plaintiff alleges that Defendant `took no action to retain new counsel until April, 2007' Plaintiff was free after the 6o day stay of the Court to proceed to conduct discovery, physical inspection of the Defendant's property, via Court Order. Defendant is a lay person with no knowledge of the rules of Court applicable to civil proceedings. 6. In paragraph 7, of its ANSWER, Plaintiff points to the cancellation of Plaintiff s deposition as a delay tactic. This took place in April, 2008, some seven(7) months ago. 7. Defendant is a difficult person and has disputes with his attorneys in this matter. That fact does not mean he is delaying this litigation. 8. It is clear that Plaintiff has not pursued this action with vigor, nor has come to the Court for relief if counsel felt that the action was being delayed. None of the conduct complained of by Plaintiff would have resulted in any delay of the action if Plaintiff had actively pursued this case and/or applied to the Court for relief. 9. Plaintiff has ignored his own duty to proceed to bring this case to trial, and is now estopped from `crying foul' over Defendant's failure to proceed as promptly as Plaintiff would like in this case. WHEREFORE, Defendant prays this Honorable Court to GRANT the Motion to Strike this case from Arbitration and set a time limit within which discovery must be comj]*d. Danie .Pell, Attorney for Defendant Pa. Supreme Ct. ID#21439 255o Kingston Road, Suite 305 York, Pa. 17402 Tel 717-843-7801 Fax 717-852-8900 Email: pelldanl@aol.com CERTIFICATE OF SERVICE Undersigned counsel hereby certifies that a true and accurate copy of the Reply of Defendant to Answer of Plaintiff to Defendant's Motion To Strike Case From Arbitration was duly served upon opposing counsel by placing a true and accurate copy of same in the U.S. Mails, ist Class postage thereon paid in full on the 4th day of December, 2008, and addressed as follows: Anthony W. Parker, Esq. Kelly, Hoffman and Goduto, LLP Commerce Towers-loth Floor 30o North Second Street H:niel isburg, Pa.1 io6-2003 M. Pell, Esq. Attorney for Defendant °' cxa ? ?vFr: ? ? =" ? M C f? ? t ?.. „ ?° " ?t? ? .1?' ?' ?F'C'i i.` " ,? , v. C: .?:. ,.- ¢ ..`? , CS% T.R. ROLLASON BUILDER, t/d/b/a IN THE COURT OF COMMON PLEAS OF THE FIXIT MAN BUILDING AND CUMBERLAND COUNTY, PENNSYLVANIA REPAIR SERVICE, PLAINTIFF V. MARK BECKERMAN, DEFENDANT NO. 06-2487 CIVIL ORDER OF COURT AND NOW, this 29th day of December, 2008, upon consideration of the Defendant's Motion to Strike this Case from Arbitration the Plaintiff's Answer thereto and Defendant's Reply to Plaintiff's Answer, IT IS HEREBY ORDERED AND DIRECTED that the Motion to Strike this Case from Arbitration is DENIED; IT IS FURTHER ORDERED AND DIRECTED that the Defendant will complete all required discovery in this case on or before February 13, 2009, after which the matter shall be set down for Arbitration by the panel of Arbitrators previously appointed. By the Court, Anthony W. Parker, Esquire Attorney for Plaintiff aniel M. Pell, Esquire Attorney for Defendant bas - C V%? -? M. L. Ebert, Jr., 1? ? J. ? . 7? A ? 'fit .,??-: ?? .. n °"???I:? R Robert E. Kelly, Jr., Esquire Attorney I.D. No. 21925 Anthony W. Parker, Esquire Attorney I.D. No. 81251 KELLY, PARKER & COHEN LLP Commerce Towers, 10d'Floor 300 North Second Street Harrisburg, PA 17101 717-920-2220 T.R. ROLLASON BUILDER, t/d/b/a PLEAS THE FIXIT MAN BUILDING AND REPAIR SERVICE IN THE COURT OF COMMON : OF CUMBERLAND COUNTY, PA Plaintiff V. : DOCKET NO. 06-2487 MARK BECKERMAN Defendant : CIVIL ACTION LAW PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this action settled, discontinued and ended. aanPell, Esquire Attorney I.D. No. 21439 2550 Kingston Road, Suite 305 York, PA 17402 717-845-342 Dated May - - , 2009 Counsel for Defendant Mark Beckerman Respectfully submitted, obert E. elly, Jr., Esquire y I.D. No. 21925 Anthony W. Parker, Esquire Attorney I.D. No. 81251 KELLY, PARKER & COHEN LLP Commerce Towers, 10`x' Floor 300 North Second Street Harrisburg, PA 17101 717-920-2220 Dated: May ; -?-, 2009 Counsel for Plaintiff T.R. Rollason Builder, t/d/b/a The Fixit Man Building and Repair Service CERTIFICATE OF SERVICE On this 27th day of May, 2009, I, Barbara J. Palese a legal secretary in the law firm of Kelly, Parker & Cohen LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing PRAECIPE TO SETTLE, DISCONTINUE AND END upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Dan Pell, Esquire 2550 Kingston Road, Suite 305 York, PA 17402 Barbara J. Palese ^F TIPE F;,r '. n s ?yRY f' ll 1_.