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HomeMy WebLinkAbout01-5453OMMONWEALTH OF PENNSYLVANIA ~OUK~-OF CO~~?~ON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given thot the appellont has filed in the above Court of Common P~eas an oppeol from the judgment rendered by the District Justice o~ the date and in the case mentioned below. LTl9_ This block will be signed ONLY when this notation is required under Pa. R.C.PJ-P. ~ If appellant was CLAIMANT (see Pa. I~.C.P.J.P. No. 1008B. 1001 (6) in ~ctJon before District Just/ce, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ~NTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from coPy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary IComr Pleo, ,~:~., ~ ~ , appellee(s), to file a complaint in this appeal ) within t~y (20) d~s ~~m~t of ~ ~ RULE: To ~'~ (1) Y~ am ~fi~ t~t a rule is ~ ~ u~n you ~ fi~ a c~aint in ~s a~al wi~in ~ty (20) d~s afl~ ~ da~ of ~e of ~s m~ ~ ~u ~ ~l ~v~e ~ ~ c~i~ ~ ~;s~ ~iL (2) H y~ ~ ~t fi~ a c~int within this fi~, a Ju~NT ~ NON PROS ~LL BE ENTERED AGAINST YOU. (3) T~ AO~312-P*4 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AN[} RULE TO FILE COMPLAINT [ Tis pO~ o~ se,~qce MU T B~ FLED WI THitv~ TEN (10) DA Y$ AFTER fi/i~)g the notice of appeal Check applicable boxes) AFFIDA¥~T: t heeb swear or affirm that ~ served J ~* copy of the Notice of Appeal, Common Pleas No dale of service2 , [f~ by personal service [~ by (certified) (registered) mail, sender's ~9 ...... ~ by parsonat service f~ by (Certified) (registered) mail, seeder s receipt attached hereto ~.] ar: d further that I served the Ru te to Fite ~ Comp ia i~t accompanying the above Notice of Appeal u pon the appeliee(s} to whom t e % re was addressed on , 9 .... ~ [~ by personal service ~ by (certified) (regisierad) TfftS ........... DAY OF ............ lg ....... COMMONWEALTH OF PENNSYLVANIA COUNTY OF: cUMBERLAND Mag Dial NO: 09-1-02 ROBERT V. MANSOVE '1901 STATE STREET CAMP HILL, PA (717) 761-0583 17011-0000 SCOTT BEERS 2508 N 5TH ST EARRISBURG, PA 17110 NOTICE OF jUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS -- FLANGE, ERIC, ET AL. 9 [,AURAL DR ENoLA, PA 17025 L- VS. DEFENDANT: NAME and ADDRESS · ~BEER8, SCOTT, ET AL. 2508 N 5TH ST HARRISBURG, PA 17110 L_ cv.oooo ,-o,l Date Filed: 7/17/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name)_ T.ANC-R: ~.WTC.: R'ITM AL. Judgment was enter,ed against'. (Name) _J~.O-~ ' -~ in the amount of $ __.~, 1 OR -~0 on: (Date of Judgment) ~'~ Defendants are jointly and severally liable. Damages will be assessed on: (Date & Time) [~ This case dismissed without prejudice. Amount of Judgment Subject to ~ Attachment/Act 5 of 1996 $_ Levy is stayed for__ . days or [~ generally stayed. A--mount of Judgment $--7,999 · 0U Judgment Costs $ 109.5(] $__ .cc_ tnterest on Judgment Attorney Fees $_ __. 00_ rotal $ 8,108.50 ~ost Judgment Credits S-- Post Judgment Costs $- -- Certified Judgment Total $ -- [~ Objection to levy has been filed and hearing will be held: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU ~..Date /%~? ,' '~ ' ' D'~tnct Just?e My commission expires first Monday of January, 2006 SEAL TM AOPC 315 99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Thia proof ot aervice MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applical~le boxes COMMONWEAL~i OF PENNSYLVANIA AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No, (date of aervice) receipt attached hereto, and upon the appellee, (name) ,¢~./-- 5~?.~-,~ _, upon the District Justice designated therein on , [] by personal service [~Lby (certified/),(registered) mail, sender's SWORN (AFFIR,MED) AND SUBS. J~,RIBED BEFORE ME $,gn tut ,19 .... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that ! aerved the Rule to File a Complaint accompanying the above Notice of Appea?u pon the appellee(s) to whom the Rule was addressed on c~ ~ ~ / , ~ ! . [] by personal servi~e ~ by (certified) (registered) mail, sender's receipt attached hereto, . ./9/]// /~./.~/]. Signature of affiant · Coml3fi~e Items 1, 2, and 3. Also cornl~ Item 4 if Restricted De#v~ Is da~. ·Prtnt your name and address on the reveme so that we can return the can:l to you. · Attach this card to the back of tile meaplece, or on tile fto~t ff apace peffnlts. 4. Reet~ic~d Delivery? (Extra Fee) i-'l Yes PS Form 3811 · Complete items 1, 2, and 3. ~ complete item 4 if Restricted Deliver/Is deelred. · Pdnt your name ~u~l addre~l on the reverse so that we can return the card to you. · Attach this card to the back of the mallpiea~,. or on the front If space permits ~ ff YES, renter deliver/addme~ below: [] No ~C--emf~Mall f"l Express Mail [] In~ured Mail [] C.O.D. 4. Re,bitted Dellver~ (Extra Fee) i-lye~ 2. Attic{e Number PS Form 3§11, March 2001 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVIL ACTION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVIL ACTION 1. The Plaintiffs are Eric and Vicki Lange (hereinafter the "Lange"), husband and wife, adult individuals with an address of 9 Laurel Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Scott Beers t/dgo/a Hoss's Remodeling (hereinafter "Beers") with an address of 2508 North 5m Street, Harrisburg, Pennsylvania 17110. Breach of Contract 3. On or about May 5, 2001, the Langes and Beers entered into a written contract under which Beers agreed to provide labor and materials in constructing a two-story addition and sunroom to the Langes' home and in exchange the Langes agreed to pay to Beers the amount of $32,622.00. A true and correct copy of the aforesaid agreement is attached hereto as Exhibit 4. The agreement between the parties was later revised by certain additions and deductions of work which resulted in a final amended contract in the amount of $30,607.00. 5. Under the agreement Beers represented that he would begin his work on the project on approximately May 23, 2001, and complete the work on approximately June 13, 2001. 6. In the contract Beers expressly agreed and represented that all material set forth in the agreement was guaranteed to be as specified and that all work would be completed in a workmanlike manner according to standard practices. 7. Under the agreement Beers further expressly and/or impliedly agreed to and obligated himself to: a. Provide qualified workmen and subcontractors to perform the work on the Plaintiffs' home; b. Provide qualified and proper supervision of workmen and subcontractors to supervise the work on Plaintiffs' home; c. Perform the work on Plaintiffs' home in a good and workmanlike manner; d. Promptly repair all deficient items of work in a good and workmanlike manner; e. Complete the work to be performed under the agreement within the time set forth in the agreement; f. Provide a sufficient number of workmen to complete the project within the time specified in the agreement; and g. Install materials and systems in accordance with the manufacturer's specifications. 8. Defendant Beers breached the agreement by failing to: a. Provide sufficient qualified workmen to perform the work on the Plaintiffs' home; b. Failing to provide qualified and proper supervision of workmen and subcontractors to supervise the work on the Plaintiffs' home; 2 c. Failing to perform the work on the Plaintiffs' home in a good and workmanlike manner; d. Failing to promptly repair all deficient items of work in a good and workmanlike manner; e. Failing to complete the work to be performed under the agreement within the time set forth in the agreement; f. Failing to install materials and systems in accordance with manufacturer's specifications. 9. Plaintiffs did not in any way hinder Defendant Beers from properly constructing the addition to be constructed under the agreement in a proper and timely manner. 10. Defendant Beers abandoned the project prior to completing a substantial portion of the work trader the agreement. 11. The last date on which Defendant Beers performed any work on the project was June 29, 2001. 12. To date, the Langes have paid Defendant Beers $24,222.00 for labor and materials provided on the project. 13. As of the date Defendant Beers abandoned the project the following work was either not performed or was performed in an unworkmanlike manner: a. Gutters and down spouts; b. Out of plumb framing; c. Floor joists not as specified; d. Improper installation of siding; e. Plumbing for bathrooms did not pass inspection; Improper design and installation of roof where addition meets existing roof; Failure to complete fixture installation; Failure to complete drywall; Failure to complete painting and trim work; and Failure to complete electrical work. 14. In order to complete the project consistent with the agreement between the parties the Langes have incurred costs in excess of $14,000.00 over and above the mount paid to Beers. 15. Defendant Beers' failure and refusal to timely complete the work under the agreement in a workmanlike manner constitutes a breach of contract. 16. As a result of Defendant Beers' breach of the contract the Langes have suffered damages in excess of $8,500.00 representing costs to repair and complete Beers' work over and above the contract amount. 17. All conditions precedent to the bringing of this action have occurred and/or have been performed. WHEREFORE, Plaintiffs, Eric and Vicki Lange, respectfully request this Honorable Court to enter judgment in their favor and against Defendant, Scott Beers t/d/b/a Hoss's Remodeling, under Count I of this Complaint in an amount in excess of $8,500.00, plus costs and interest. 4 Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 P.S. §201-1, et. seq.) 18. Plaintiffs incorporate herein by reference the averments of paragraphs 1-17 above as if set forth fully herein. 19. Under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (hereinafter the "Act") at 73 P.S. §201-1, et seq., it is an unfair method of competition or an unfair and deceptive act to represent that goods or services are ora particular standard, quality or grade, or that goods are of a particular style or model, if they are of another. 20. Defendant Beers represented to the Langes that their home addition would be constructed by Defendant Beers in a workmanlike manner and according to standard practices. 21. Defendant Beers further expressly represented that all material to be included in the Plaintiffs home would be guaranteed to be as specified. 22. The Plaintiffs relied on these express representations by Defendant Beers in entering into the agreement with Defendant Beers. 23. Under the Act at §201-2(x)(v)(i) it is a violation of the Act to make repairs, improvements, or replacement on tangible, real or personal property of a nature or quality below the standard of that agreed to in writing. 24. In addition to the express representations with respect to quality set forth above Defendant Beers further expressly represented that he would complete the work on the Plaintiffs' home by approximately June 13, 2001. 25. Defendant Beers abandoned the project and never completed the work. 5 26. Defendant Beers violated §202-2(x)(v)(i) of the Act inasmuch as he performed improvements to the Plaintiffs' real property of a nature or quality below the standard of that agreed to in writing as follows: a. By failing to complete the work in a timely manner and by the date set forth in the agreement; b. By failing to install specified floor joints; c. By improperly installing siding on the home; d. By failing to install the rough framing and roofing in a workmanlike manner and in accordance with standard practices and codes; e. By failing to perform plumbing work in accordance with standard practices and applicable codes; 27. As a direct and proximate result of the substandard performance of the work items to be performed under the agreement, which substandard performance is contrary to and below the standard of that agreed to in writing, Defendant Beers has violated the Act. 28. As a result of Defendant Beers' violation of the Act the Plaintiffs have been damaged in an amount in excess of $8,500.00 representing costs to repair and complete Beers' work over and above the agreed upon contract amount. 29. Section 201-9 of the Act authorizes the award of treble damages in attorneys' fees. 6 WHEREFORE, Plaintiffs, Eric and Vicki Lange, respectfully request this Honorable Court to enter judgment in their favor and against Defendant, Scott Beers t/d/b/a Hoss's Remodeling, under Count II of this Complaint in an amount in excess of $8,500.00, plus interest, treble damages and attorneys' fees as authorized under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Date: October 8, 2001 Respectfully submitted, ~htt;ommaeSy~i ~'D~. ~9~ q m r e 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiffs 7 EXH~ff A Horn ' Pages Remodehng Proposal HARRISBURG, PA 17110 24 (71~) ~2-4352~ ~ ~~* ~0~"' _ - -Hr. Emergen~ ~17) 379-3159 ~/~ ~ *~ ~' ~ ~ ~ 133472 :~--.~.---,~ -~---~L_. '"~'-:-' ..,-A-Jo_/_~.~ ~ ~ .<?~-,'~-. ,-,~. ~ ./a' ~-'~..*,_, / .. , .~ I / · . ~ T' ................. ~--"'~-'~.--~-~-,.-..--~.~ ~ ...... ~G/~ ~ ~ ~.~ ................ , ~"~' ' ~-~ ~"" ~'" '* ~ "~ ~~" hereby to ~mlsh matefla and I~or- ~mplete In a~o~ ~ ~em~ ~ ~n f~ me ~ve ~ i~ J ~ ' ~ove specifications, for ~e sum of: You, the buyer, mey cancel this tranaaction at any time prior to midnight of the third buslnes~ clay after the date of this trans. action. Cancellation must be done In writing. Acceptance ~ of Proposal: Th.e. abo~e, pd.c~.: spec;fl, caUons and cond~ons am satisfactory and are hereb acce ted. You are . aumorizeo to 0o me work as specified. Payment will be made as out ned abo~/Ye. P I, Eric Lange, verify the averments of the foregoing Complaint are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Eric Lan~ REAGER & ADLER, RC. A'I-rORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS, tYd/b/a HOSS'S REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2001-5453 : : CIVIL ACTION NOTICE TO PLEAD TO: Plaintiffs, Eric Lange and Vicki Lange: You are hereby notified to plead to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a default judgment may be entered against you. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: Steven P. Miner, Esquire Attomey I.D. No. 38901 David H. Martineau, Esquire Attorney I.D. No. 84127 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant, Scott Beers, t/d/b/a Hoss's Remodeling Document #.. 220128.1 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS, ffd/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 CIVIL ACTION ANSWER WITH NEW MATTER AND COUNTERCLAIM TO THE HONORABLE COURT: NOW, COMES the Defendant, Scott Beers, t/d/b/aHoss's Remodeling, through his counsel, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., and hereby answers the Complaint filed by Plaintiffs, Eric Lange and Vicki Lange, husband and wife, as follows: 1. Admitted. 2. Admitted. COUNT I Breach of Contract 3. Admitted. 4. Admitted. By way of further answer, additional items were added to the final amended contract, including the following: $600 for additional vinyl siding on existing structure; $475 for an upgrade from 36" shower to 48" shower. Total additional items were $1,075. This amount is still due and owing. Document #: 220128. 5. Admitted in part and denied in part. Admitted only that the time frames were approximate. Defendant indicated to Plaintiffs that he may be working on other prior commitments during the construction period. Further, he also indicated that he would not begin the project, unless he could provide working plumbing to the Plaintiffs and this was approved by Plaintiffs. 6. Admitted in part and denied in part. Admitted only that warranties and guarantees will apply after outstanding balances have been paid. By way of further answer, it is also admitted that plumbing work may not have been completed in workmanlike fashion due to Plaintiffs interference with the plumbing portion of the contract. 7. Paragraph 7 states legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is being required, the averments of Paragraph 7.a. through 7.g. are denied, and strict proof of same is demanded. 8. Paragraph 8 states legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is being required, the averments of Paragraph 8.a. through 8.fi are denied, and strict proof of same is demanded at trial. 9. Denied. To the contrary, Plaintiffs failed to remove a dog kennel when requested and refused to pay Defendant for the additional expense required to move said kennel. Additionally, by further answer, after completion of 75 to 80 percent of the work, the Plaintiffs placed a "No Trespassing" sign on the job and forced Defendant to abandon the job. Document #: 220128.1 10. Admitted in part and denied in part. It is admitted that Defendant Beers did not complete the job, but by way of further answer, Defendant Beers had completed 75 to 80 percent of the job when a "No Trespassing" sign was hung by the Plaintiffs, preventing Defendant Beers completion of the project. 11. Denied. To the contrary, the Defendant Beers had personnel on the property as late as July 6, 2001 to address water problems that were caused by Plaintiffs failure to move the dog kennel as promised. 12. Admitted. 13. Denied. The averments of Paragraph 13.a. through 13.j. are denied, and strict proof of same is demanded at trial. 14. After reasonable investigation, the Defendant is unable to admit or deny the averments of Paragraph 14. Therefore, the averments of Paragraph 14 are denied, and strict proof of same is demanded at trial. 15. Paragraph 15 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Paragraph 15 are denied, and strict proof of same is demanded at trial. 16. After reasonable investigation, the Defendant is unable to admit or deny the averments of Paragraph 16. Therefore, the averments of Paragraph 16 are denied, and strict proof of same is demanded at trial. 17. After reasonable investigation, the Defendant is unable to admit or deny the averments of Paragraph 17. Therefore, the averments of Paragraph 17 are denied, and strict proof of same is demanded at trial. Document #: 220128.1 WHEREFORE, Defendant, Scott Beers, ffd/b/a Hoss's Remodeling, respectfully request this Honorable Court to enter judgment in his favor and against the Plaintiffs, and to award the tmpaid balance in the amount of $1,075.00, with interest, costs and other reasonable relief. COUNT II Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 P.S. §201-1, et seq.) 18. No response required. 19. Paragraph 19 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Paragraph 19 are denied, and strict proof of same is demanded at trial. 20. Admitted. 21. Admitted, after payment in full. 22. After reasonable investigation, the Defendant is unable to admit or deny the averments of Paragraph 22. Therefore, the averments of Paragraph 22 are denied, and strict proof of same is demanded at trial. 23. Paragraph 22 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Paragraph 22 are denied, and strict proof of same is demanded at trial. 24. Denied. To the contrary, Defendant Beers indicated to the Plaintiffs at all times that the completion date was approximate and could and would be delayed by prior construction commitments, and, as happened in this case, the interruption or interference by the Plaintiffs. Document #: 220128.1 25. Admitted in part and denied in part. It is admitted that Defendant Beers did not complete the job, but it is denied that the Defendant abandoned same. To the contrary, Defendant Beers was fomed off the job by the acts of the Plaintiffs and their posting of a "No Trespassing" sign. 26. Paragraph 26 states legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Paragraph 26.a. through 26.e. are denied, and strict proof of same is demanded at trial. 27. Paragraph 27 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Paragraph 27 are denied, and strict proof of same is demanded at trial. 28. Paragraph 28 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Paragraph 28 are denied, and strict proof of same is demanded at trial. 29. Paragraph 29 states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of Paragraph 29 are denied, and strict proof of same is demanded at trial. WHEREFORE, Defendant, Scott Beers, ffd/b/a Hoss's Remodeling, respectfully request this Honorable Court to enter judgment in its favor and against the Plaintiffs, and to award unpaid balance in the amount of $1,075.00, plus interest, costs and other reasonable relief. NEW MATTER 30. The averments of Paragraphs 1 through 29 are incorporated herein by reference. Document #: 220128.1 33. Frauds. 34. consideration. 35. 31. The claims of Counts I and II of the Complaint may be excused by the impossibility of performance caused by acts of the Plaintiffs. 32. The claims of Counts I and II of the Complaint may be barred by applicable Statute of Limitations. The claims of Counts I and II of the Complaint may be barred by the Statute of The claims of Counts I and II of the Complaint may be barred by failure of The claims of Counts I and II of the Complaint may be barred by failure of Plaintiffs to make payment. The claims of Counts I and II of the Complaint may be barred by the consent of 36. the Plaintiffs. 37. The claims of Counts I and II of the Complaint may be barred by the duress committed by the Plaintiffs against Defendant. COUNTERCLAIM 38. The averments of Paragraphs 1 through 37 are incorporated herein by reference. 39. The Defendant claims $1,075 from the Plaintiffs based on the Plaintiffs' failure to pay for upgraded items, including additional vinyl siding on existing structure in the amount of $600 and an upgrade from a 36" shower to a 48" shower in the amotmt of $475, for a total counterclaim of $1,075. Document #: 220128.1 WHEREFORE, Defendant Beers respectfully requests this Honorable Court to grant judgment in his favor and against the Plaintiffs in the amount of $1,075, plus costs and interest, and other reasonable relief. Respectfully Submitted, Date: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Steven P. Miner, Esquire Attorney I.D. No. 38901 David H. Martineau, Esquire Attorney I.D. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Document #: 220128.1 VERIFICATION I, Scott Beers, do hereby verify that the facts set forth in the foregoing Answer with New Matter and Counterclaim are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsificationto authorities. "SCOTT BEERS Document ~: 220128.1 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs Vo SCOTT BEERS, t/d~b/a HOSS'S REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2001-5453 : : CIVIL ACTION CERTIFICATE OF SERVICE I, David H. Martineau, Esquire of the law firm Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of Answer with New Matter and Counterclaim with reference to the foregoing action by First Class Mail, postage prepaid, this qqJqday of November, 2001, on the following: Thomas O. Williams, Esquire Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011-464 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Document #: 220128.1 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2001-5453 : CIVIL ACTION PLAINTIFFS' REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM REPLY TO NEW MATTER 30. No response required. 31. The averments of Paragraph 31 constitute conclusions of law to which no responsive pleading is required. 32. The averments of Paragraph 32 constitute conclusions of law to which no responsive pleading is required. 33. The averments of Paragraph 33 constitute conclusions of law to which no responsive pleading is required. 34. The averments of Paragraph 34 constitute conclusions of law to which no responsive pleading is required. 35. The averments of Paragraph 35 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed necessary Plaintiffs deny that they have failed to pay the Defendant for the work the Defendant completed in a workman-like manner. Plaintiffs incorporate their complaint herein as if set forth fully. 36. The averments of Paragraph 36 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed necessary it is denied that the Plaintiffs consented to the Defendant's breach of the contract. 37. The averments of Paragraph 37 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed necessary it is denied that the Plaintiffs committed any duress upon the Defendant. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter a judgment in their favor and against the Defendant in accordance with their Complaint. 38. No response required. 39. The averments of Paragraph 39 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed required, the Plaintiffs specifically deny that the Defendant is owed any amount of money for the work performed on the Plaintiffs' house. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against the Defendant and that the Defendant's Counterclaim be dismissed with prejudice. Date: November 20, 2001 Respectfully submitted, REAGER & ADLER, P.C. Thorhas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff 2 I, Eric Lange, verify the averments of the foregoing Plaintiffs' Reply to New Matter and Answer to Counterclaim are tree and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: .~/~,~r~ By: Eric~Jag~ VERIFICATION I, Vicki Lange, verify the averments of the foregoing Plaintiff's Reply to New Matter and Answer to Counterclaim are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: //~,/0 ? By: Vicki Lange CERTIFICATE OF SERVICE AND NOW, this 20t~ day of November, 2001, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Steven P. Miner, Esquire David H. Martineau, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 T~ILLIAMS, ES~L~IRE ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS, tYd/b/a HOSS'S REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2001-5453 : : CIVIL ACTION : PETITION FOR WITHDRAWAL OF APPEARANCE AS COUNSEL FOR SCOTT BEERS t/d/b/a HOSS'S REMODELING AND NOW, this day of February 2002, Steven P. Miner, Esquire, and the firm of Metzger, Wickersham, Knauss & Erb, P.C. petitions this Honorable Court to withdraw Mr. Miner's and the firm's appearance in the above referenced case for the following reasons: 1. The Defendant in the case, Scott Beers, t/d/b/a Hoss's Remodeling, has refused to cooperate in the defense of this case. 2. Counsel has attempted on numerous occasions to contact the Defendant by telephone and by mail without success. Discovery responses have not been completed, nor has any contact with counsel been received. 4. Counsel has expended many hours of uncompensated time in the file, and does not wish to incur additional billings without a substantial retainer. 5. There is no pending hearing or trial scheduled in this matter. 6. Plaintiffs counsel does not oppose this motion. Document #: 227210.1 WHEREFORE, Steven P. Miner, Esquire, and the fitixx of Metzger, Wickersham, Knauss & Erb, P.C. respectfully request that this Court grant this Petition to Withdraw. Respectfully Submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Attorney I.D. No. 38901 3211 North From Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Document #: 227210.1 02/12/2002 13:44 FAX 7172349475 ~K&E HGB PA ERIC LANGE and VICKI LANOE, husband and wife, Plaintiffs SCOTT BEERS, t/d/b/a HOSS'S REMODELING, Defend_ant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P~,rNSYLYANIA No. 2001-5453 CIVIL ACTION CERTIFICATE OF CONCURRENCE I, Thomas O. Williams, attorney for Plaintiffs, Eric Lange and Vicki La that I do concur with flae Petition of Steven P. Miner, Esquire, smd Metzger, Wi & Erb, P.C., for Withdrawal of Appearance. Th//~~o~.~'~I Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011464 Dated: tge, hereby certify ,kersham, Knaus$ ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS, t/dPo/a HOSS'S REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2001-5453 : : CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this _~_~day of ¢ ¢ ,2002, I, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendants, hereby certify that I served a copy of the within Petition to Withdraw as Counsel this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Thomas O. Williams Esquire Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011 Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5th Street Harrisburg, PA 17110 Document #: 227210.1 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS, l/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 CIVIL ACTION RULE TO SHOW CAUSE TO: Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5th Street Harrisburg, PA 17110 You are hereby directed to show cause, if any you have, why the relief requested in the foregoing Petition of Metzger, Wickersham, Knauss & Erb, P.C., and Steven P. Miner, Esquire, to withdraw as your counsel should not be granted. Rule returnable within/[]days of service. BY THECOURT: Jo Document #: 227210.1 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS, t/d/b/a HOSS'S REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2001-5453 : : CIVIL ACTION PETITION TO MAKE RULE TO SHOW CAUSE ABSOLUTE NOW, thi~ day of March, 2002, comes Petitioner, Steven P. Miner, Esquire, AND of Metzger, Wickersham, Knauss & Erb, P.C., former counsel for Scott Beers, tYd/b/a Hoss's Remodeling, and respectfully requests this Honorable Court to make the Rule to Show Cause dated March 2, 2002 absolute, and represents the following: 1. Petition for Withdrawal of Appearance as Counsel for Scott Beers t/d/b/a Hoss's Remodeling was filed February 19, 2002. 2. Pursuant to the above Petition, the Honorable George E. Hoffer issued a Rule on March 2, 2002, to show cause why Petitioner should not be allowed to withdraw. (A true and correct copy of the Rule to Show Cause is attached hereto and incorporated herein as Exhibit "A".) This Honorable Court ordered that the Rule be returnable within ten (10) days of service. 3. As of the date of this Petition, neither Plaintiffnor Defendant has filed any response to the aforesaid Rule to Show Cause. WHEREFORE, Steven P. Miner, Esquire and the finn of Metzger, Wickersham, Knauss & Erb, P.C. respectfully requests this Honorable Court make its Rule absolute and enter an Order allowing Petitioner to withdraw as counsel for Defendant. Dated: Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Ste ' Attorney I.D. No. 38901 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs Mo SCOTT BEERS, tJd/b/a HOSS'S REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2001-5453 : : CIVIL ACTION : VERIFICATION I, Steven P. Miner, Esquire, hereby certify that the facts set forth in the foregoing Petition to Make Rule to Show Cause Absolute are true and correct to the best of my knowledge, information, and belief, and that this Petition is not interposed for the purpose of delay, and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Steve ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS, t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5453 CIVIL ACTION RULE TO SHOW CAUSE TO: Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5th Street Harrisburg, PA 17110 You are hereby directed to show cause, if any you have, why the relief requested in the foregoing Petition of Metzger, Wickersham, Knauss & Erb, P.C., and Steven P. Miner, Esquire, to withdraw as your counsel should not be granted. Rule returnable within ~ O days of service. BY THE COURT: Document #: 227210.1 CERTIFICATE OF SERVICE AND NOW, this~_~_~ day of March, 2002, I, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, Scott Beers, t/dPo/a Hoss's Remodeling, hereby certify that I served a copy of the within Petition to Make the Rule to Show Cause Absolute this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Thomas O. Williams Esquire Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011 Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5th Street Harrisburg, PA 17110 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS, tYd/b/a HOSS'S REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2001-5453 : : CIVIL ACTION : : ORDER NOW, this~'~ day o[~ 20~.l~npon consideration of the Petition for AND Leave to Withdraw by Petitioner, Metzger, Wickersham, Knauss & Erb, P.C., it is hereby ordered and decreed that the Petition is granted and that Petitioner, Metzger, Wickersham, Knanss & Erb, P.C., is hereby given permission to withdraw as counsel for the Defendant, Scott Beers, t/d/b/a Hoss's Remodeling, in the above matter. ~ BY THECOURT: ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVIL ACTION AND NOW, this /tY * day of pg/o ~? ,2002, a Rule is issued upon Defendant, Scott Beers t/d/b/a Hoss's Remodeling to show cause why the relief requested in a-~v,'~ ~] Plaintiff's Motion to Compel should not be granted. Rule returnable within ~ days of/~t~ ~f this Order. By the Court, REAGER & ADLER, RC. A'I-rORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA17011-4642 ERIC LANGE and VICKI LANGE,. husband and wife, Plaintiffs SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this 12h day of April, 2002, I hereby verify that I have caused a true and correct copy of the Rule attached hereto as Exhibit "A" to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5th Street Harrisburg, PA 17110 ~PR 0 9 ERIC LANGE and VICKI LANGEi husband and wife, Plaintiffs SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVIL ACTION RULE Defendant, Sco~ Beers ff~/a Hoss's Remodeling to show cause why ~e reSefrequested ~ _ , ~' e*~ (20~ ~er~,c~ o F Pl~ti~s Motion to Compel should not be ~ted. R~e re~able ~}~ d}s of/~ O~, of this Order. I ?SU~ ~OPY FROM RECORD ri 'T~mony whereo~, I ~re ~n~ set my ~ ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS t/cl/b/a HOSS'S REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 2001-5453 : : CIVIL ACTION . : PLAINTIFFS' PETITION TO MAKE RULE ABSOLUTE AND NOW, come Petitioners, Eric Lange and Vicki Lange, by and through their attorneys, Reager & Adler, P.C., and respectfully petitions this Honorable Court to make the Rule to Show Cause issued by this Honorable Court absolute and in support thereof avers the following: 1. Petitioners filed a Motion to Compel Answers to Interrogatories and Requests for Productions of Documents on or about April 4, 2002. 2. Pursuant to the aforesaid Motion to Compel the Honorable Kevin A. Hess issued a Rule dated April 10, 2002, upon Defendant Scott Beers t/d/b/a Hoss's Remodeling to show cause why the relief requested in the Plaintiffs' Motion to Compel should not be granted. 3. The Rule was returnable twenty (20) days from the date of service of the Rule. A true and correct copy of the aforesaid Rule is attached hereto as Exhibit "A". 4. Plaintiffs served Defendant Scott Beers t/d/b/a Hoss's Remodeling with the Rule to Show Cause on April 12, 2002, by first class mail. A tree and correct copy of the Certificate of Service indicating service upon the Defendant is attached hereto as Exhibit "B". 5. More than twenty (20) days have passed since the day on which the Defendant was served with the Rule to Show Cause and the Defendant has failed to file a response to the Rule to Show Cause. WHEREFORE, Petitioners/Plaintiffs, Eric Lange and Vicki Lange, respectfully request this Honorable Court to make its Rule Absolute and to enter an Order consistent with the Order attached to this Petition. Date: May 3, 2002 Respectfully sub)~'tte~d,~"' Thomap/O,-. Wifl~s--~, squir Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Petitioners/Plaintiffs 2 EXHIBIT "A" APR 0 BRIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVIL ACTION AND NOW, this //0 ~/day of v~ p [~:1/_ , 2002, a Rule is issued upon Defendant, Scott Beers t/d/b/a Hoss's Remodeling to show cause why the relief requested in .... - _ _ ~' Plaintiffs Motion to Compel should not be granted. Rule returnable within~ days of/t,l~ ~,,~ of this Order. / Jo ?~U~ COPY FROM RECORD In ?~r~ny wher~f, ! here ~?.setlmy [wK! EXHIBIT "B" ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO;: 2001-5453 CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this 12h day of April, 2002, I hereby verify that I have caused a true and correct copy of the Rule attached hereto as Exhibit "A" to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Scott Beers t/dgo/a Hoss's Remodeling 2508 North 5t~ Street Harrisburg, PA 17110 :APR O'9 ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs Vo SCOTT BEEKS t/dfo/a HOSS'S KEMODBLING, Defendant : IN THE COURT OF COMiVION PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 2001-5453 ' : CIVIL ACTION Defendant, Scott Beers tYdfo/a Hoss's Remodeling'to show cause why the relief requested in _ _: ~' Plaintiff's Motion to Compel should not be granted. Rule returnable w~thi'a..I~ days oi~ ~ ~,,~-' ' of this Order. CERTIFICATE OF SERVICE AND NOW, this 3a day of May, 2002, I hereby verify that I have caused a tree and correct copy of the foregoing Petition to Make Rule Absolute to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Scott Beers t/dPo/a Hoss's Remodeling 2508 North 5~ Street Harrisburg, PA 17110 THOMA'~S ~'. WILLIAMS, ESQUIRE ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs Vo SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVIL ACTION ORDER AND NOW, this ~- day of ~)~ ,2002, it is hereby Ordered that Plaintiff Eric Lange and Vicki Lange's Petition to Make the Rule dated April 10, 2002, Absolute is hereby granted It is further Ordered that Defendant, Scott Beers t/d/b/a Hoss's Remodeling, pay to the Plaintiffs' the sum of $520.00 for costs and fees in preparing and pursuing Plaintiffs' Motion to Compel. It is further Ordered that Defendant will be precluded from offering/presenting evidence of any kind regarding information or documents which are the subject of Plaintiffs' discovery requests propounded upon the Defendant. By the Court, ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs Vo SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-5453 CIVIL ACTION Petitioners filed a Motion to Compel Answers to Interrogatories and Requests for Productions of Documents on or about April 4, 2002. 2. Pursuant to the aforesaid Motion to Compel the Honorable Kevin A. Hess issued a Rule dated April 10, 2002, upon Defendant Scott Beers t/dfo/a Hoss's Remodeling to show cause why the relief requested in the Plaintiffs' Motion to Compel should not be granted. 3. The Rule was retumable twenty (20) days from the date of service of the Rule. A true and correct copy of the aforesaid Rule is attached hereto as Exhibit "A". 4. Plaintiffs served Defendant Scott Beers t/d/b/a Hoss's Remodeling with the Rule to Show Cause on April 12, 2002, by first class mail. A true and correct copy of the Certificate of Service indicating service upon the Defendant is attached hereto as Exhibit "B". 5. More than twenty (20) days have passed since the day on which the Defendant was served with the Rule to Show Cause and the Defendant has failed to file a response to the Rule to Show Cause. following: 1. PLAINTIFFS' PETITION TO MAKE RULE ABSOLUTE AND NOW, come Petitioners, Eric Lange and Vicki Lange, by and through their attorneys, Reager & Adler, P.C., and respectfully petitions this Honorable Court to make the Rule to Show Cause issued by this Honorable Court absolute and in support thereof avers the WHEREFORE, Petitioners/Plaintiffs, Eric Lange and Vicki Lange, respectfully request this Honorable Court to make its Rule Absolute and to enter an Order consistent with the Order attached to this Petition. Date: May 3, 2002 Respectfully sub~tte_..~d,/-~' Thoma~ O'. W'l~s---~, squire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attomeys for Petitioners/Plaintiffs EXHIBIT "A" ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs Vo SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2001-5453 .' : : CIVIL ACTION : ; AND NOW, this //~) ~l~day of _~ ~ I1', / _ , 2002, a Kule is issued upon Defendant, Scott Beers t/d/b/a Hoss's Remodeling to show cause why the relief rectuest, ed in .... . ~ Plaintiff's Motion to Compel should not be granted. Rule returnable within~ days oI~ ~a~ ~ of this Order. COPY FROM REC,ORD whet.of, ! here ~?.set ~ ~ EXHIBIT "B" ERIC LANGE and VICKI LANGE,. husband and wife, Plaintiffs Va SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant : IN THB COURT OF COlVIMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA : : NO;: 2001-5453 : CIVIL ACTION CERTIFICATE OF SERVICE A_ND NOW, this 12h day of April, 2002, I hereby verify that I have caused a true and correct copy of the Rule attached hereto as Exhibit "A" to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Scott Beers t/dPo/a Hoss's Remodeling 2508 North 5~ Street Harrisburg, PA 17110 ERIC LANGE and VICKI LANGEi husband and wife, Plaintiffs Vo . SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 2001-5453 : CIVIL ACTION : AND NOW, this /[3 ay of _ . a.~ _ ,2002, a P~ule is issued upon Defendant, Scott Beers t/d/b/a Hoss's Remodeling'to show cause why the relief requested in _ __: ~" Plaintiff's Motion to Compel should not be granted. Rule returnable wi~ days of/Ih. eh~ of this Order. CERTIFICATE OF SERVICE AND NOW, this 3~a day of May, 2002, I hereby verify that I have caused a tree and correct copy of the foregoing Petition to Make Rule Absolute to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Scott Beers ffd/b/a Hoss's Remodeling 2508 North 5~ Street Hamsburg, PA 17110 THOMA~'S ~. WILLIAMS, ESQUIRE ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs SCOTT BEERS t/d/b/a HOSS'S REMODELING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 2001-5453 .' : : CiVIL ACTION : CERTIFICATE OF SERVICE AND NOW, this 10m day of May, 2002, I hereby verify that I have caused a tree and correct copy of the attached Order to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Scott Beers t/d/b/a Hoss's Remodeling 2508 North 5m Street Harrisburg, PA 17110 Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attomeys for Plaintiffs ERIC LANGE and VICKI LANGE, husband and wife, Plaintiffs Vo SCOTT BEERS t/d/bta HOSS'S REMODELING, Defendant AND NOW, this c? z~ day of : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 2001-5453 .' : CIVIL ACTION : ORDER 2002, it is hereby Ordered that Plaintiff Eric Lange and Vicki Lange's Petition to Make the Rule dated April 10, 2002, Absolute is hereby granted It is further Ordered that Defendant, Scott Beers t/d/b/a Hoss's Remodeling, pay to the Plaintiffs' the sum of $520.00 for costs and fees in preparing and pursuing Plaintiffs' Motion to Compel. It is further Ordered that Defendant will be precluded from offering/presenting evidence of any kind regarding information or documents which are the subject of Plaintiffs' discovery requests propounded upon the Defendant. By the Court, J.