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06-5536
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. c)t, -- 553 Plaintiffs VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, COMPLAINT IN CIVIL ACTION Defendants Filed on behalf of Plaintiff Counsel of record for this parry: NATHANIEL B. SMITH, ESQUIRE PA ID No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, Plaintiffs VS. : NO. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant . JURY TRIAL DEMANDED 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 property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER (OR CANNOT AFFORD ONE), GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street, Carlisle, PA 17013 800-990-9108 STOEHR & SMITH By ?1. Nathaniel B. Smith, Esquire Attorney for Plaintiff Attorney ID No. 34277 Allegheny Professional Centre 1798 Old Route 220 N., Suite 304 Duncansville, PA 16635 (814) 696-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. Plaintiffs VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, el 0-'.C:-? Defendant JURY TRIAL DEMANDED COMPLAINT IN CIVIL ACTION AND NOW, come the Plaintiffs, Juanita R. Foor and Roger E. Foor, husband and wife, by and through their attorneys, STOEHR & SMITH, LLC and NATHANIEL B. SMITH, ESQUIRE, to make Complaint against the Defendants, Souksavanh Phomsopha, also known as Michael P. Souksavanh, and Michael Hall, upon cause whereof the following is a statement: 1. Plaintiffs, Juanita R. Foor and Roger E. Foor, her husband, are adult individuals who reside at 107 W. Sixth Avenue, Everett, Bedford County, Pennsylvania 15537. 2. Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, is an adult individual who is believed to reside at 23 Wooded Run Drive, Dillsburg, York County, Pennsylvania 17019. 3. Defendant, Michael Hall, is an adult individual who is believed to reside at 1141 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 4. The motor vehicle collision which is the subject of this lawsuit occurred on October 3, 2004 in the Township of Middlesex, Cumberland County, at approximately 2:00 p.m. 5. At all times relevant hereto, Defendant Michael Hall, was the owner of the vehicle operated by Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, and Defendant, 2 Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, was operating said vehicle within the course and scope of his status as an agent, servant, and/or employee of Defendant, Michael Hall. 6. At the aforesaid time and place, Plaintiff, Juanita R. Foor, was operating a vehicle owned by her employer in an eastwardly direction on the Pennsylvania Turnpike, also known as S.R. 0076, in the Township of Middlesex, Cumberland County, Pennsylvania. In doing so, Plaintiff was operating her vehicle in a proper, careful and lawful manner. 7. At the aforesaid time and place, Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, was operating the vehicle owned by Defendant, Michael Hall, and traveling likewise in a eastwardly direction on S.R. 0076 to the rear of the vehicle being operated by the Plaintiff. 8. At the aforesaid time and place, while Plaintiff was lawfully and carefully traveling eastbound in the slow lane of S.R. 0076, her vehicle was struck violently from behind by the vehicle driven by Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh.. 9. At the time of the involved collision, Defendant, Michael Hall, was occupying the vehicle which he owned and which was being operated by Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh. COUNT ONE JUANITA FOOR, PLAINTIFF vs. SOUKSAVANH PHOMSOPHA, A/K/A MICHAEL P. SOUKSAVANH. DEFENDANT 10. Plaintiffs hereby incorporate Paragraphs 1 through 9 as if the foregoing were fully set forth at length. 11. At the aforesaid time and place, Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, was careless, negligent and reckless in the following particulars: a. In failing to keep a proper lookout; b. In traveling too fast for conditions; C. In operating his vehicle at an excessive rate of speed; d. In failing to bring the vehicle which he was operating to a stop within the assured clear distance; e. In failing to have said vehicle under proper and adequate control at the time; f. In failing to pay attention to traffic conditions ahead; g. In failing to keep a proper lookout for Plaintiff's vehicle; h. In operating his vehicle without due regard to the right, safety and position of the Plaintiff herein; In failing to stop, turn or otherwise operate his vehicle so as to avoid colliding with the vehicle operated by the Plaintiff, j. In violating the Pennsylvania Motor Vehicle Code section pertaining to following too closely as set forth in 75 Pa.C.S.A. § 73310; k. In violating the Pennsylvania Motor Vehicle Code section pertaining to driving a vehicle at a safe speed as set forth in 75 Pa.C.S.A. § 3361; In violating the Pennsylvania Motor Vehicle Code section pertaining to careless driving as set forth in 75 Pa.C.S.A. § 3714; 12. The negligence of the Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, as set forth above was the substantial, direct and proximate cause of the collisions and the injuries and damages sustained herein. 13. As a result of the aforesaid negligence of the Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, Plaintiff, Juanita R. Foor, suffered the following serious and severe injuries, some or all of which may be permanent in nature: a. Cervical strain/sprain; b. Subluxation C4-5; C. C5-6 disc protrusion; d. C5-6 herniated nucleus pulposus; e. Left shoulder adhesive capsulitis; f. Left shoulder impingement and tendonitis of the supraspinatus tendon; 4 g. Left shoulder superior labral tear; h. Severe shock, strain or sprain of the nerves, muscles, tissues, ligaments and vessels of the muscular skeletal system; and i. Other serious and severe injuries, the exact nature of which is unknown to the Plaintiff at this time; 14. As a result of her aforesaid injuries, Plaintiff, Juanita R. Foor, has been damaged as follows: a. She has suffered and will continue to suffer great pain and convenience, embarrassment, mental anguish and loss of enjoyment of life's pleasures; b. She has or may incur a loss of income; C. Her earning power and capacity may be reduced and permanently impaired; d. Her general health, strength and vitality have been impaired; e. She has suffered a physical disability which may be permanent in nature; f. She has incurred medical expenses which have been paid under the Pennsylvania Workers' Compensation Act and for which there exists a legal right of reimbursement/subrogation; 15. At the time of the involved motor vehicle collision, Plaintiff, Juanita R. Foor, was driving a vehicle that was not a private passenger vehicle. WHEREFORE, Plaintiff, Juanita R. Foor, demands judgment against the Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, in an amount in excess of the jurisdictional limits of arbitration in the Court of Common Pleas of Cumberland County, Pennsylvania. COUNT TWO JUANITA FOOR PLAINTIFF vs. MICHAEL HALL DEFENDANT 16. Plaintiff, Juanita Foor, hereby incorporate Paragraphs 1 through 15 as if the foregoing were fully set forth at length. 17. The above described collision occurred as the direct and proximate result of the negligence, careless, and recklessness of the Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, as set forth above while in the course and scope of his status as an agent, servant and/or employee of Defendant, Michael Hall. 18. In addition to his vicarious liability due to the negligence, carelessness and recklessness of his agent, servant and employee, Defendant, Michael Hall, is independently liable for his agent, servant and/or employee's acts or omissions in the following particulars: a. In failing to properly instruct Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, to not operate his vehicle at an excessive rate of speed. b. In failing to properly train Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, in the proper, careful and safe operation of his vehicle. C. In causing, allowing, or permitting Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, to operate his vehicle when Defendant, Michael Hall, knew or should have known in the exercise of reasonable care that he was not competent to do so. d. In failing to keep and maintain his vehicle in a safe operating condition. e. In negligently entrusting his vehicle to Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, when he knew or should have known that Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, was not capable of safely operating his vehicle. f. In negligently entrusting his vehicle to Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, when he knew or should have known that based upon Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh's, driving history he would operate said vehicle at unsafe and excessive speeds upon the highway. WHEREFORE, Plaintiff, Juanita R. Foor, demands judgment against the Defendant, Michael Hall, in an amount in excess of the jurisdictional limits of arbitration in the Court of Common Pleas of Cumberland County, Pennsylvania. COUNT THREE ROGER E. FOOR, PLAINTIFF v. SOUKSAVANH PHOMSOPHA, A/K/A MICHAEL P. SOUKSAVANH AND MICHAEL HALL DEFENDANTS 19. Plaintiff, Roger E. Foor, hereby incorporates paragraphs 1 through 18 of this Complaint as if the same were fully set forth at length herein. 6 20. Plaintiff, Roger E. Foor, is the husband of the Plaintiff, Juanita R. Foor, who was injured by the aforestated negligence of Defendants, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, and Michael Hall. 21. Solely as a direct and proximate result of the carelessness, negligence and recklessness of the Defendants, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, and Michael Hall, the Husband-Plaintiff, Roger E. Foor, has suffered the following damages: a. Husband-Plaintiff has suffered a loss of consortium; and b. Husband-Plaintiff has suffered great inconvenience and loss of services which were provided by Wife-Plaintiff; WHEREFORE, Husband-Plaintiff, Roger E. Foor, demands judgment against the Defendants, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, and Michael Hall, in an amount in excess of the jurisdictional limits of arbitration of the Court of Common Pleas of Cumberland County, Pennsylvania. A JURY TRIAL IS DEMANDED. Respectfully submitted, STOEHR & SMITH, LLC BY V_,' Nathaniel B. Smith, Esquire Attorney for Plaintiff I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 DATED: 9 f (` Q 6 7 VERIFICATION (By Counsel) I am the attorney of record for Plaintiffs and am authorized to make this verification on Plaintiffs' behalf. I made this verification because the statements in this Complaint are uniquely known to me based on personal knowledge, information, and belief. I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Nathaniel B. Smith, Esquire Attorney for Plaintiff Dated: 1 19 ` d ?, n ? c? o '^ ? d N ? C? C. c.? 0 r, --a -G 0 v -) SURF POOLS ACQUISITION CORP. t/d/b/a Surf Pools, Inc., Plaintiff : NO. 06-5536 CIVIL V. JAMES and THERESA BULLERS, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 New Matter, Counterclaim and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. By: Attorneys for Defendants LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SURF POOLS ACQUISITION CORP. IN THE COURT OF COMMON PLEAS OF t/d/b/a Surf Pools, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 06-5536 CIVIL V. JAMES and THERESA BULLERS, CIVIL ACTION -LAW husband and wife, Defendants ANSWER, NEW MATTER AND COUNTERCLAIM Defendants James Bullers and Theresa Bullers, by their attorneys, Snelbaker & Brenneman, P. C., submit this Answer, New Matter and Counterclaim in response to Plaintiffs Complaint as follows: ANSWER 1. Admitted in part; denied in part. Although it is admitted that Surf Pools Acquisition Corp. is a Pennsylvania business corporation with an address of 100 Old York Road, New Cumberland, Pennsylvania, after reasonable investigation Defendants are without sufficient information to form a belief as to the truth of the allegation that the entity trades and does business as Surf Pools, Inc; therefore, same is denied and strict proof thereof demanded. 2. Admitted. 3. Denied. It is denied that Plaintiff and Defendant entered into a contract dated August 16, 2005, a copy of which is attached to Plaintiffs Complaint as Exhibit A. On the contrary, the contract Defendants entered into with the Plaintiff had terms on the reverse side and otherwise which are not included on Exhibit A which Plaintiff purports to be the parties' contract. In addition, Exhibit A to Plaintiffs Complaint contains additional handwritten language not part of LAW OFFICES the contract signed by the Defendants. SNELBAKER 8c BRENNEMAN, P.C. 4. Denied. To the extent Plaintiff is alleging that $27,800 was due under the contract that Plaintiff claims was entered into as alleged in Complaint Paragraph 3, same is denied for the reasons specified in Paragraph 3 of this Answer, the averments of which Paragraph are incorporated by reference herein. 5. Admitted, with the qualification that the additional work order was entered into on April 3, 2005 by Plaintiffs with Surf Pools, Inc. not Surf Pools Acquisition Corp. 6. Admitted in part; denied in part. It is admitted that $20,037 is the total amount under the additional work order and a deposit of $10,018.50 was paid by Defendants. It is denied, to the extent expressed or implied, that $10,018.50 or any amount is owed by Defendants to Plaintiff for the reasons set forth in Defendants' New Matter and Counterclaim, the averments of which are incorporated by reference in this Paragraph. 7. Denied. It is denied that either $1,000 is due Plaintiff under the "initial contract" as alleged or that $10,018.50 is due Plaintiff under the additional work order for the reasons set forth in Defendants' New Matter and Counterclaim, the averments of which are incorporated by reference in this Paragraph. 8. Denied. Paragraph 8 of Plaintiffs Complaint contains an unwarranted conclusion of law to which no response is required by Defendants; therefore, same is deemed to be denied. To the extent a response is necessary, it is denied that Plaintiff provided services and material under either the "original contract" or additional work order in a reasonable and workmanlike manner for the reasons set forth in Defendants' New Matter and Counterclaim, the averments of which are incorporated by reference in this Paragraph. 9. Admitted in part; denied in part. It is admitted that Defendants failed and refused to LAW OFFICES SNELBAKER & BRENNEMAN, P.C. make any further payment to Plaintiff for the reasons set forth in Defendants' New Matter and 2 Counterclaim. It is denied that Plaintiff made "repeated" demands for any money alleged to be due. 10. The averments of Paragraphs 1 through 9, inclusive, of this Answer are incorporated by reference herein. 11. Denied. The averment of Paragraph 3 are incorporated by reference herein. It is denied that Plaintiff provided and Defendants accepted materials and services as outlined in any contracts between Defendants and Surf Pools, Inc. By way of further answer, the averments of Defendants' New Matter and Counterclaim are incorporated by reference herein. 12. Denied. Plaintiffs allegation that Surf Pools, Inc. "provided all services and materials as agreed upon" is denied as a blatant and intentional misrepresentation. On the contrary, Plaintiff failed to provide all services and materials as agreed upon as more fully set forth in Defendants' New Matter and Counterclaim, the averments of which are incorporated by reference herein. By way of further answer, Defendants incorporate by reference Paragraph 7, above, of this Answer. WHEREFORE, Defendants request this Court to dismiss Plaintiffs Complaint with prejudice and enter judgment in favor of Defendants as described in Defendants' Counterclaim, together with interest and costs of this action. 13. The averments of Paragraphs 1 through 12, inclusive, of this Answer are incorporated by reference herein. 14. Denied. Paragraph 14 of Plaintiffs Complaint contains a series of unwarranted LAW OFFICES SNELBAKER & BRENNEMAN, P.C. conclusions of law to which no response is required by Defendants; therefore, same is deemed to be denied. To the extent a response is necessary, it is denied that Plaintiff provided services for which Defendants have not paid or that Defendants have accepted as being proper for the reasons set forth in Defendants' New Matter and Counterclaim, the averments of which are incorporated reference herein. 15. Denied. Paragraph 15 of Plaintiffs Complaint contains an unwarranted conclusion lof law to which no response is required by Defendants; therefore, same is deemed to be denied. ITo the extent a response is necessary, it is denied that the reasonable and fair market value of and materials provided Defendants is $11,018.50 for the reasons set forth in Defendants' Matter and Counterclaim, the averments of which are incorporated by reference herein. WHEREFORE, Defendants request this Court to dismiss Plaintiffs Complaint with and enter judgment in favor of Defendants as described in Defendants' Counterclaim, gether with interest and costs of this action. NEW MATTER 16. Plaintiffs Complaint and each count or claim thereof fails to set forth a claim or of action upon which relief may be granted. 17. Plaintiff, through its owner/operator and/or representative, Matthew W. Moffet, held out to Defendants and represented to Defendants that it provided professional, experienced timely service. 18. For the reasons set forth below, Plaintiff failed to provide professional, experienced and timely service. 19. The work claimed to have been performed by Plaintiff for which Plaintiff purports to seek relief was improperly performed, incomplete and not performed in a reasonably LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4 manner in the follow particulars: a. by failing to complete the pool by Spring of 2006; b. by failing to complete the pool installation; by failing to diligently prosecute the work of installing and completing installation of the pool after commencing work; d. by periodically and completely abandoning the installation work allowing rain and weather conditions to effect the work site, materials, liner and pool; e. by installing incorrect handrails, causing further delay with the prosecution of the installation by subsequent removal of concrete and reinstallation; f. by delaying completion of the installation thereby requiring Defendants to shock the pool water to remove algae on at least two occasions; g. by improperly preparing and/or protecting the prepared pool base thereby resulting in the floor of the pool having a bumpy, uneven surface; h. by improperly preparing and/or protecting the prepared pool base thereby resulting in the floor of the pool giving way and sinking when walked upon or stood upon; by improperly installing concrete resulting in uneven and cracked concrete joints; by failing to provide appropriate control joints in the concrete; LAW OFFICES SNELBAKER & BRENNEMAN, P.C. k. by improperly installing concrete resulting in concrete fractures emanating from both sides of the bottom patio steps; 1. by creating an incorrect grade on the concrete patio which results in water draining toward the exterior wall of the house. m. by installing cracked bull nose trim, installing bull nose trim in such a manner as to cause it to crack and/or installing such trim and causing damage to it; n. by causing chipping of concrete around the bull nose trim or installing concrete in the area of the bull nose trim in such a manner as to cause chipping and/or installing such concrete and causing damage to it; o. by failing to complete and/or properly install caulking around the pool area; 5 p. by establishing and installing the concrete area between the pool and patio at the incorrect grade or height; and q. by failing to provide a pool cover. 20. For the reasons set forth in Paragraph 19, above, Defendants have expended time and and will be required to expend additional time, money and effort to address and correct deficiencies in workmanship and performance as described in Paragraph 19. 21. Defendants claim in set-off to any amounts claimed to be due Plaintiff those costs and expenses incurred and to be expended by them to address and correct the described in Paragraph 19, above. 22. Surf Pools, Inc. is not properly registered or publicly identified as a fictitious name, or parent company of Surf Pools Acquisitions Corp. 23. Plaintiff Surf Pools Acquisition Corp. as a matter of law lacks standing to initiate and this action as Plaintiff. 24. For the reasons set forth in Paragraphs 19 and 23, above, Plaintiff is estopped from initiating and maintaining its action and claims against the Defendants. WHEREFORE, Defendants request this Court to dismiss Plaintiffs Complaint with ice and in the alternative, enter judgment in their favor and award as a set-off to any claimed by Plaintiff those amounts incurred or to be incurred to address, correct and the deficiencies set forth in Defendants' New Matter. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 6 COUNTERCLAIM James and Theresa Bullers v. Surf Pools Acquisition Corp. and Surf Pools, Inc. Background. 25. Defendants on August 16, 2005 entered into a written contract with Surf Pools xisition Corp. and/or Surf Pools, Inc. (herein collectively "Plaintiff") for the installation of a on the property of Defendants located at 4 Teal Road, Mechanicsburg, Pennsylvania. A and correct copy of the aforementioned contract is attached hereto and incorporated by herein as "Exhibit V. 26. On April 4, 2006 Defendants and Plaintiff entered into an Additional Work Order, supplementing the August 16, 2005 written contract. A true and correct copy of the Additional Work Order is attached hereto and incorporated by reference herein as "Exhibit 2". (The August 16, 2005 written contract and April 3, 2006 Additional Work Order are hereafter referred to collectively as the "Agreement"). 27. On August 16, 2005, the parties agreed and so noted in the Agreement that Plaintiffs work and installation would be completed in the Spring of 2006. 28. At the time Plaintiff entered into the Agreement with Defendants, Plaintiff, through its purported owner, operator or agent, Matthew W. Moffet, represented to Defendants that Plaintiff provided professional, experienced and timely service. 29. Pursuant to the parties' Agreement, Plaintiff represented that all work was to be completed in a workman-like manner according to standard practices. 30. On July 17, 2006, Plaintiff ceased all work on Defendants' property with respect to the installation of the pool without completing all work agreed to be done under the parties' LAW OFFICES SNELBAKER 81 II Agreement BRENNEMAN, P.C. 7 COUNTI Breach of Contract. 31. The averments of Paragraph 25 to 30, inclusive, of this Counterclaim are by reference herein in their entirety. 32. Plaintiff materially breached the parties' Agreement in the following particulars: a. by failing to complete the pool by Spring of 2006; b. by failing to complete the pool installation; c. by failing to diligently prosecute the work of installing and completing installation of the pool after commencing work; d. by periodically and completely abandoning the installation work allowing rain and weather conditions to effect the work site, materials, liner and pool; by installing incorrect handrails, causing further delay with the prosecution of the installation by subsequent removal of concrete and reinstallation; f. by delaying completion of the installation thereby requiring Defendants to shock the pool water to remove algae on at least two occasions; g. by improperly preparing and/or protecting the prepared pool base thereby resulting in the floor of the pool having a bumpy, uneven surface; h. by improperly preparing and/or protecting the prepared pool base thereby resulting in the floor of the pool giving way and sinking when walked upon or stood upon; i. by improperly installing concrete resulting in uneven and cracked concrete joints; by failing to provide appropriate control joints in the concrete; k. by improperly installing concrete resulting in concrete fractures emanating from both sides of the bottom patio steps; LAW OFFICES SNELSAKER & BRENNEMAN, P.C. 1. by creating an incorrect grade on the concrete patio which results in water draining toward the exterior wall of the house. 8 m. by installing cracked bull nose trim, installing bull nose trim in such a manner as to cause it to crack and/or installing such trim and causing damage to it; n. by causing chipping of concrete around the bull nose trim or installing concrete in the area of the bull nose trim in such a manner as to cause chipping and/or installing such concrete and causing damage to it; o. by failing to complete and/or properly install caulking around the pool area; p. by establishing and installing the concrete area between the pool and patio at the incorrect grade or height; and q. by failing to provide a pool cover. 33. As a direct and proximate result of Plaintiffs breach of the Agreement as specified Defendants have suffered damages in an amount in excess of $10,200.00, with J$10,200.00 being the known costs to repair and/or replace only the following items: a. remove liner, resurface existing pool base and install liner: $ 6,300.00 b. caulking, pool caulking and repair and repoint bull nose trim: 1,050.00 c. obtain pool cover: 2,850.00 $10,200.00 In addition to the specific amounts identified above, Defendants claims as damages those amounts necessary to address and correct the defects and deficiencies identified in 31 i, j, k, l and p. WHEREFORE, Defendants demand judgment against Plaintiff in excess of $10,200, with interest and costs of this action, which amount at this time is not in excess of the jurisdictional amount for arbitration in Cumberland County. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 9 COUNT II Breach of Implied Warranty. 34. The averments of Paragraphs 25 thorough 33, inclusive, of the Counterclaim are incorporated by reference herein. 35. Plaintiff, as a builder/vendor, impliedly warranted that the pool and associated work to be constructed and supplied by Plaintiff would be done and undertaken in a reasonably workmanlike manner. 36. Plaintiff materially breached its implied warranty of performing its work in a I reasonably workmanlike manner in the following particulars: a. by failing to complete the pool by Spring of 2006; b. by failing to complete the pool installation; c. by failing to diligently prosecute the work of installing and completing installation of the pool after commencing work; d. by periodically and completely abandoning the installation work allowing rain and weather conditions to effect the work site, materials, liner and pool; e. by installing incorrect handrails, causing further delay with the prosecution of the installation by subsequent removal of concrete and reinstallation; f. by delaying completion of the installation thereby requiring Defendants to shock the pool water to remove algae on at least two occasions; g. by improperly preparing and/or protecting the prepared pool base thereby resulting in the floor of the pool having a bumpy, uneven surface; h. by improperly preparing and/or protecting the prepared pool base thereby resulting in the floor of the pool giving way and sinking when walked upon or stood upon; LAW OFFICES SNELBAKER & BRENNEMAN, P.C. i. by improperly installing concrete resulting in uneven and cracked concrete joints; j. by failing to provide appropriate control joints in the concrete; 10 k. by improperly installing concrete resulting in concrete fractures emanating from both sides of the bottom patio steps; 1. by creating an incorrect grade on the concrete patio which results in water draining toward the exterior wall of the house. m. by installing cracked bull nose trim, installing bull nose trim in such a manner as to cause it to crack and/or installing such trim and causing damage to it; n. by causing chipping of concrete around the bull nose trim or installing concrete in the area of the bull nose trim in such a manner as to cause chipping and/or installing such concrete and causing damage to it; o. by failing to complete and/or properly install caulking around the pool area; p. by establishing and installing the concrete area between the pool and patio at the incorrect grade or height; and q. by failing to provide a pool cover. 37. By reason of the deficiencies and defects in Plaintiffs performance as described above, Defendants are required to expend sums in excess of $10,200, as more fully set forth in Paragraph 33, above, the averments of which are incorporated by reference herein. WHEREFORE, Defendants demand judgment against Plaintiff in excess of $10,200, together with interest and costs of this action, which amount at this time is not in excess of the mandatory jurisdictional amount for arbitration in Cumberland County. SNELBAKER & BRENNEMAN, P. C. ar, 11l?vL, LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Date: October 15, 2006 (717) 697-8528 Attorneys for Defendants 11 VERIFICATION I verify that the statements made in the foregoing Answer, New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Theresa J. Bulle Date: lolls] ou VERIFICATION I verify that the statements made in the foregoing Answer, New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. James B. Bullers Date: /U - / S v? LAW OFFICES SNELBAKER & BRENNEMAN, P.C. dets Alu R ii?? O` S INC. 100 Old York Road, New Cumberland, PA 17070 PH: (717) 774-7412 or 774-7413 • FAX: (717) 774-788 ei4rr, '*3 Aoo ? 2403 Church Road, Hummelstown, PA 17036 PH: (717) 533-5589 • FAX: (717) 533-5550 This contract is made on the __& -day of to as Contractor (seller) and 3244A Peters Mountain, Route 225, Halifax, PA 17032 PH: (717) 896-8855 between Surf Pools, Inc. hereinafter, referred ' A - Buyer(s) residing at `f /.-Cla Township :51 <A County ' ??- - Home Telephone Business Telephoned 25 POOL ,O' POOL HAND LINER INSTAL LADDE El FILTER ? HEATER AUTO ,l SKIMM El 1082 V/ 0 RETUR A BOTTO FLOATS DIVING E-1 SLIDIN hereinafter referred to as Zip Code J'7 a5 S' Cell EQUIPMENT LIST © ITEM DESCRIPTION TOTAL (Size, Pe) Sh e) a = (TY ? TAIRS POOL SIZE: wom 7 Soo ?. AIL(S) ?9 r*1Z -(Type) LATIO R(S) f=Akk=Jk! ACCESSORIES: ,???? ? C?105e? C , ATIC CHLORINE FEEDER ER LVE N(S) M DRAIN ryN i1brJGc & LINE BOARD G BOARD DECK: OTHER: - S R M 1 VAC EQUIPMENT ? WINTER COVER W/TUBES ? SOLAR COVER ? SOLAR REEL ? KIT WATER TEST KIT PLUMBING KIT CHEMICALS (Starter Kit) NORMAL EXCAVATION VERMICULITE POOL BASE DECK SUPPORT SYSTEM DECK MATERIAL LEAF NET 5( WALL BRUSH POOL THERMOMETER WINTERIZING PLUGS ? LIGHT ? OTHER ? OTHER ? TOTAL ACCESSORIES $ ( INSTALLED .jE Sub Total _ 2X00 • "'? ? Additional Work T tal -, Pa. Sales Tax d- TOTAL $_ Down Payment " Payment Completion *This payment due the day the walls of the pool are set in concrete. All materials and supplies are also fully guaranteed by the manufacturers. Failure of the Buyer to satisfy the above payment schedule will release Contractor from all warranties, expressed or implied. The Buyer is totally responsible for electrical, water and building permit. The price on this contract does not include the cost of removal of any underground obstacles not known to the Contractor. Buyer hereby agrees to pay for any ground hauling from the pool site if outside a two mile radius of pool site. This amount shall be paid upon completion of such hauling. Price on this contract does not include the cost of ground or transportation of such ground to pool site. The undersigned jointly and severally agree that the terms and conditions on the reverse side are part of this agreement and that this writing contains the entire agreement between the customer and Surf Pools, and further acknowledges that each of them have read and understood this entire contract, and have received a copy thereof. This contract may be amended by additional work order, signed by anyone of the customers whose name appears below. CONTRACTOR (SELLER elm SALESMAN This agreement not binding until approved annd? signed by an officer of Surf Pools, Inc. ACCEPTED:Z 7 l.,iCSi? UYE v BUYER EXHIBIT 1 .r ? DATE: ADD9 ' KT'?NAL BERMS The Buyer shall be responsible for "'gl -°-rYing °;equiraments and for the pool locations being within his property lines and clear ` w.Eck lines or other restr ictions. Buyer will pro- vide access to the pool site for delivery, £d SePer shall not be rsy ??rg?al 'f fior any damage caused by ingress or egress of equiprr eni', suppiies or motor ve=r not be responsible for any delays occasioned by i cif vvteathei ?. It.,,; a its fire accidents, act of God or any other cont. ter... ^'? i. , r, l .? cont, - B(jyer represent,,; and i?:anantea +€:_,_ U.?? ?r th"e, rr..c(_= ? .. « IJy Itracto, h1pe backhoe, and sho+_,Yd road a ahc!7e F,,ck or other r : :r or st.arface water and water seepage be encountered in the table requiring use of , slope, p ui rp corripiessor or blasting mate ial, the extra cost uy ine Buyer. Buyer will clear and prepare site for pool inealuding re,,I- ioval or protecti *re = other vegeta- tion, pipes or pipe lines or other improvements affected by this: >n_ "unless other- wi >e - I herein, and if any extra labor or material is requir sarne wiil be - `. yer. Should quicksand be encac z , d, all opera` r,: n- tr _ oanuelled and Buyer will assurne cind pay-Seller all c by -seller in- volved up to his point. Buyer will supply sufficient water to fill the f, )!v'!! provide for Mectricity to ?.< NPier, -v ill ground the pool, and will provide all pk :?,es as :'v re irecl by Yll codes. Buyer warrants that he u°ia& the premise y_ ' -:iE is L: be ira" s. ,.S v9a and tiiai there are no zoning limitations restrictions prei crrrrances of . er, f art. Buyer agrees to apply for and obtain and del' ,:,. building 'F he following items shall be supplied by and/or shall be tl of the Buyer, and tt;e Seller shall have no responsibility for final uradinrF and- slide t.a to ;lY},.r r:rf 4,?nd or landscaping, e;cisling c. oncrete., side wail drwtia °ay or patios, any part of the elects Jal system, drainag and Bulldin g p€<rniits, zoning and zoning changes. The Seller shall have. i.Y Yy ati?",atever for ra-iisuse, abuse, fire, action of elements, act of God, high war.-.- rising water tablt?s, or surface or subsurface drainage around pool. Gontractor?? ,: . .o "Fire area around the pool so that surface and sub-surfaoe water and dry '' J; -ind flow alway fron,% the pool. Buyer shall construct any necessary or desi3 beep Ule! pool filied with water at all times, and shall comply fully witi 01 ? lanual. The credit of the Buyer shall be subject to review and coni.'= tare opin- n(.;r5 fir ais y financing institution, the Buyer's credit shall be, Yoi-i is and in chat .ve ray the ;yeller shall have the option of cancelling th, pr,an completion, Buyer, at Seller's ret,ar?est, will si r= _ which will l ..r ir?PPrp4,ivc; x videntJe that the pool and/or other instal_ ,. t.isnac- to,(y and tfrar tare work has been fully and satisfactorily comiplf-?, by the Buyer €c li! i...,Aniily or guests shall also constitute conclusive ;ill respewis s_-u.-factorily completed. This contract and agrn., me n,' , dent I e 'v" 1a the partie s hereto, and ali prior vv--gotiatiorrs, rep r " rep '• J €.tnder'zs'.. AVM igs of every name, nature and d.:r.y. ption have been by this corgis Wit. `I-he; following shall apply to installation of patios: Buyer ing, excavation or hill in connection with installation or locations { k? _ ,d (b) r?rmoval kf unsu table soil aria its replacement. Seller shall i .. i r ior cracks and settling Seller reserves the right to substitute parts of equal quality, s and modifica0flon in desirgn.. Seller ?y { those p, eller r 4 ia,M1.?1es•no warranties other ti l daq ? z.,.o etaire-d in, d lie°iowiith ' ?,hic.;h buyer acknowledges r.,cvd -irg received. Sc;II Y tl .. ugly' to strip the work upon eriCOc JPale util., it +:::4'l ire the Buyei lc (-., ge ot hers 'to or c ! 11,0 iih6 13u.fer authorize the ? make s . i ? or c;lYCa?c ?' p ;B. i:, 1gdI0.r,r,3 greied to and unders ,,ti ; That ahe Seller ice its MBM6GR New Cumberland- (717) 774-7412 M70 U R rV A, 1 0 L S 1NC. Firdwiae 2if e&rite S Wave f f+ {fI All Surf Pools are constructed of :he finest materials and accordingly Surf Pools, Inc. will warranty all components as follows: 9'acipe Stat+.etunar° Yab#reen Waft and Stuw2u4al ?afgnw% De A Suppwd Sptern - Surf Pools Inc. will repair or replace any structural pool wall component that should structurally fail with in the Lifetime or the original purchaser's pool ownership, All material and labor furnished by Surf Pools Inc. Steee U'a&4 WUA Deck Sapp" Slptem - Surf Pools Inc. will repair or replace any steel pool wall component that should structurally fail within the _ifetime of the original purchaser's pool ownership. All materials and labor furnished by Surf Poo's Irc. V&W -e L - Surf Pools Inc. liners are made exclusively with virgin 20 mil vinyl. The liner is warranted for a period of 20 years on a prorated basis. It is warranted against bead separations, seam separations, and defective materia.s. Surf Pools Inc. will furnish all labor and materials for the first three years. Flom the fourth year to the end of the warranty period the cost of the liner is p.•crated, and the labor to be paid by the owner. 91 to dng System. - Surf Pools Inc. will repair or replace any defective Hayward fitter tank for a period of five years. All parts and labor supplied ai no charge. Surt Pools Inc. will repair or replace any defective Pentair SMBW 4040 series filter tank for a period of tan years. All pars and labor supplied at no charge. Yump and Afo&x - Surf Pools Inc. will repair or replace any defective Hayward.pump or motor for a period of two full years. All materials and labor supplies at no charge. Surf Pools Inc. will repair or replace any defective Pentair Whispello High Performance pump or motor for a period of three full yea's. All materials and labor supplied at no charge. Yy?ing - Surf Pools Inc. will repai, or replace ar.y piping that fails due to manufacturer's defects;for a period of five years. e6wz -te - All concrete deck work wia carry a ten year warranty against failure. The first five years will be non- prorated with all labor and materials supplied by Surf ?eols Inc. at no charge. From the 6th to 10th year any defective concrete replaced under this warranty will be prorated on the basis of the owner paying one-fifth of the cost of labor and material for each year of use. Surface discoloration, spalling, crazing and hairline cracks V and under are not covered. Swann rug P af_ eapuzg - Sul Poo s Ir.c. will repair or replace any defective aluminum swimming pool coping fora period of five years. All labor ane materials to be suppled by Surf Pools Inc. at no charge. Scratching of painted surface from winter cover is not covered, 2UaPf£-irt S" Wa'4U ttttF - Surf Pools Inc. will repair or replace any defective vralk-in steps due to manufacturer's defect for twenty-five years. Discoloration, blistering, crazing, and hairline cracks are not covered. Wav,t? Jeluw and eonctwom Damages occurring from acts of abuse, negligence, vard.afism, flooding, lightning, Acts of God, Acts of War, or accessories not included with the original Sur Pool package are exempt from this warranty. Any component repaired or replaced under this warranty is only warranted for the remaining term of the original component. This warranty shall be void if the cool is not operated or maintained properly, or altered by any one other than an authorized Sul Poo; technician. Surf Pcols total liability under this warranty is limited to and shall in co way exceed total cost of the particular item whici proves defective. Surf Pools will inspect and thereafter have the option to repair or eplace the product in question. -he owner will have the responsib;Ry of removing and replacing the ureter for any repairs to be made on any pool component that necessitates it. No warranties wilt be honored valess all accounts are paid in full. All warranties apply to 'he olginal Surf Pool owner only. Surf Pools Inc. and all manufacturers shall be indemnified `or all claims arising out of buyer's failure to perform any term of the contract. +II, ,t1 r} ,r }Ef ,r. `E '?ttk i` r / WHAT'S INCLUDED WITH A SURF DESIGNED POOL PACKAGE EXCAVATION: MOST POOLS REQUIRE 10-12 HOURS, HOWEVER WE INCLUDE UP TO 12 HRS i 1 FULL DAY OF WORKING MACHINE (BACK.HOE) TIME IN THE COST OF MOST POOL PACKAGES. * BACKFILL AND ROUGH GRADE. ADDITIONAL CHARGES FOR HAUL OUT MAY APPLY.-: * FULL DECK SUPPORT : STEEL OR POLYMER DECK BRACES AND CONCRETE BLOCK PIERS, SECURED IN THE FOOTER AND FILLED WITH CONCRETE TO ENSURE PROPER DECK SUPPORT. * FOAM PADDING ON ALL STEEL WALL COMPONENTS. * AN S FT. WALK IN SIT & STEP UNIT WITH 2 SIDE OR I CENTER HAND RAIL * 3 FEET OF CONCRETE DECKING REINFORCED WITH WIRE MESH AND REBAR, RATED AT 3500psi WITH ONE INCH AGGREGATE. * CONCRETE EQUIPMENT PAD APPROPRIATELY SIZED FOR ALL COMPONENTS. * ALL ALUMINUM NON-SLIP COPING; CANTILEVER AND TINTED CONCRETE ARE AVAILABLE FOR AN ADDITIONAL CHARGE. * FLEXIBLE PVC AND RIGID SCHEDULE 40 PLUMBING, 1'/s INCH PLUMBING UP TO 18 X 36 AND 2 INCH PLUMBING FOR ALL 20 X 40 OR LARGER, ALL SOLVENT WELD, ALL LINES PLUMBED SEPARATELY, ALL VALVED AT THE SYSTEM. * ONE MAIN DRAIN. * 1 SKIMMER AND 2 RETURNS ARE STANDARD UP TO 32 FEET. 2 SKIMMERS AND 2 RETURNS ARE STANDARD ON POOLS 36 + FEET. * 1 THREE STEP LADDER - STAINLESS STEEL WITH CYCOLAC TREADS. * YOUR CHOICE OF ANY CUSTOM 20 MIL LINER BY PEN-FAB (SEE INCLUDED COLOR BROCHURES, OTHER MANUFACTURERS AND PATTERNS ARE AVAILABLE UPON REQUEST). * HIGH RATE SAND FILTER. WITH SUPER-FLO PUMP BY PENTAIR SIZED FOR EACH CUSTOM INSTALLATION. * PENTAIR. THREE YEAR EXTENDED WARRANTY APPLIES WITH THE PURCHASE OF ANY THREE PENTAIR PRODUCTS, SUCH AS: PUMP; FILTER, AND SAM LIGHT. * AUTOMATIC CHLORINATOR OR BROMINATOR WITH START UP CHEMS. * ALL NECESSARY MAINTENANCE EQUIPMENT (VAC AND NET ETC.). * FULL RANGE PROFESSIONAL TEST KIT WITH INSTRUCTION MANUAL AND CHEMISTRY ADJUSTMENT TABLES (This is what we use every day). * DIVING POOLS (32+FT) INCLUDE BASE, DNTNG BOARD, FLOAT LINE AND 6 FEET OF CONCRETE AT THE DIVING AREA. * STANDARD )NrINTER COVER WITH APPROPRIATE AMOUNT OF WATER TUBES PROVIDED AND ALL NECESSARY COMPONENTS FOR WINTERIZATION _ Page No. of Pages OL Additional Work Order INC. 100 Old York Road, New Cumberland, PA 17070 • (717) 774-7412 • (717) 774-7413 Church Road, Hummelstown, PA 17036 • (717) 533-5589 3244A Peters Mountain Road, Halifax, PA 17032 • (717) 896-8855 PROPOSAL SUBMITTED TO Ck n?x 4- r i (x_t 1 e_ PHONE DATEC// STREET JOB NAME LI, STATE AND ZIP CODE ?/? ?174, MO 0--h Q', fuI'Cb fJ ? JOB LOCATION ARCHITECT / i La_ , ?cs DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: T ems, _ 05.5 (//{ y hrai k 6 6L).ll.1`4) t KQ7__ sue P44-16 _ 0:371 0 .................................. We Agree hereby to furnish material and labor-complete in accordance with above specifications, for the sum of: Payment to be made as lays (s //T6 .5e) All material is guaranteed to be as specified. All work to be completed in a w man- like manner according to standard practices. Any alteration or deviation from above Authorized specifications involving extra costs will be executed only upon written orders, and Signature will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado Note: This proposal maybe and other necessary insurance. Our workers are fully covered by Workmen's Com- withdrawn by us if not accepted within days. pensation Insurance. Additional Work Order -The above prices, specifica- tions and conditions are satisfactory and are hereby accepted. You are Signature authorized to do the work as specified. Payment will be made as outlined above. Lf /` ) Date of Acceptance Signature ?'tOf?(?L7; r? t0 Dom G EXHIBIT 2 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Answer, New Matter and Counterclaim to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Mark K. Emery, Esquire 410 North Second Street Harrisburg, PA 17108 By: October 18, 2006 SNELBAKER & BRENNEMAN, P.C. dnt?-- Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendants James and Theresa Bullers LAW OFFICES SNELBAKER & BRENNEMAN, P.C. (- )l c ? h r C , ? lro? ---j { c . Jeffrey B. Rettig, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 jrettig ahoslawpa.corn JUANITA R. FOOR and IN THE COURT OF COMMON PLEAS ROBERT E. FOOR, h/w, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 06-5536 Civil Term SOUKSAVANH PHOMSOPHA a/k/a CIVIL ACTION - LAW MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jeffrey B. Rettig, Esquire, and Osborne & Rettig, P.C., on behalf of Defendants, Souksavanh Phomsopha a/k/a Michael P. Souksavanh and Michael Hall, in regard to the above-captioned action. Respectfully submitted, OSBORNE & RETTIG, P.C. J W2Wa ttig, Esquire I 16 1nut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendants CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Nathaniel B. Smith, Esquire STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N. Suite 304 Duncansville, PA 16635 OSBORNE & RETTIG, P.C. B i J frey B. ettig, Esquire .D. No.: 19616 126-128 Walnut Street Harrisburg, PA 17101 / (717) 232-3046 Date: 6 l! (? Attorneys for Defendants :.? C?? ? --r? - .-,. ?-? r_ -., - . _? - ?? --- i _ t_ ?`i ' '? ? ? -; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants AMENDED COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiff Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE PA ID No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant : JURY TRIAL DEMANDED 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 property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER (OR CANNOT AFFORD ONE), GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street, Carlisle, PA 17013 800-990-9108 STOEHR & SMITH By ? I Nathaniel B. Smith, Esquire Attorney for Plaintiff Attorney ID No. 34277 Allegheny Professional Centre 1798 Old Route 220 N., Suite 304 Duncansville, PA 16635 (814) 696-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant : JURY TRIAL DEMANDED AMENDED COMPLAINT IN CIVIL ACTION AND NOW, come the Plaintiffs, Juanita R. Foor and Roger E. Foor, husband and wife, by and through their attorneys, STOEHR & SMITH, LLC and NATHANIEL B. SMITH, ESQUIRE, to make Complaint against the Defendants, Souksavanh Phomsopha, also known as Michael P. Souksavanh, and Michael Hall, upon cause whereof the following is a statement: 1. Plaintiffs, Juanita R. Foor and Roger E. Foor, her husband, are adult individuals who reside at 107 W. Sixth Avenue, Everett, Bedford County, Pennsylvania 15537. 2. Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, is an adult individual who is believed to reside at 23 Wooded Run Drive, Dillsburg, York County, Pennsylvania 17019. 3. Defendant, Michael Hall, is an adult individual who is believed to reside at 1141 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 4. The motor vehicle collision which is the subject of this lawsuit occurred on October 3, 2004 in the Township of Middlesex, Cumberland County, at approximately 2:00 p.m. 5. At all times relevant hereto, Defendant Michael Hall, was the owner of the vehicle operated by Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, and Defendant, 2 Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, is believed to have been operating said vehicle within the course and scope of his status as an agent, servant, and/or employee of Defendant, Michael Hall. 6. At the aforesaid time and place, Plaintiff, Juanita R. Foor, was operating a vehicle owned by her employer in an westwardly direction on the Pennsylvania Turnpike, also known as S.R. 0076, in the Township of Middlesex, Cumberland County, Pennsylvania. In doing so, Plaintiff was operating her vehicle in a proper, careful and lawful manner. 7. At the aforesaid time and place, Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, was operating the vehicle owned by Defendant, Michael Hall, and traveling likewise in a westwardly direction on S.R. 0076 to the rear of the vehicle being operated by the Plaintiff. 8. At the aforesaid time and place, while Plaintiff was lawfully and carefully traveling westbound in the slow lane of S.R. 0076, her vehicle was struck violently from behind by the vehicle driven by Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh.. COUNT ONE JUANITA FOOR, PLAINTIFF vs. SOUKSAVANH PHOMSOPHA, A/K/A MICHAEL P. SOUKSAVANH, DEFENDANT 10. Plaintiffs hereby incorporate Paragraphs 1 through 9 as if the foregoing were fully set forth at length. 11. At the aforesaid time and place, Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, was careless, negligent and reckless in the following particulars: a. In failing to keep a proper lookout; b. In traveling too fast for conditions; C. In operating his vehicle at an excessive rate of speed; d. In failing to bring the vehicle which he was operating to a stop within the assured clear distance; e. In failing to have said vehicle under proper and adequate control at the time; f. In failing to pay attention to traffic conditions ahead; g. In failing to keep a proper lookout for Plaintiff's vehicle; h. In operating his vehicle without due regard to the right, safety and position of the Plaintiff herein; In failing to stop, turn or otherwise operate his vehicle so as to avoid colliding with the vehicle operated by the Plaintiff; j. In violating the Pennsylvania Motor Vehicle Code section pertaining to following too closely as set forth in 75 Pa.C.S.A. § 73310; k. In violating the Pennsylvania Motor Vehicle Code section pertaining to driving a vehicle at a safe speed as set forth in 75 Pa.C.S.A. § 3361; 1. In violating the Pennsylvania Motor Vehicle Code section pertaining to careless driving as set forth in 75 Pa.C.S.A. § 3714; 12. The negligence of the Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, as set forth above was the substantial, direct and proximate cause of the collisions and the injuries and damages sustained herein. 13. As a result of the aforesaid negligence of the Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, Plaintiff, Juanita R. Foor, suffered the following serious and severe injuries, some or all of which may be permanent in nature: a. Cervical strain/sprain; b. Subluxation C4-5; C. C5-6 disc protrusion; d. C5-6 herniated nucleus pulposus; Left shoulder adhesive capsulitis; f. Left shoulder impingement and tendonitis of the supraspinatus tendon; g. Left shoulder superior labral tear; h. Severe shock, strain or sprain of the nerves, muscles, tissues, ligaments and vessels of the muscular skeletal system; and 4 Other serious and severe injuries, the exact nature of which is unknown to the Plaintiff at this time; 14. As a result of her aforesaid injuries, Plaintiff, Juanita R. Foor, has been damaged as follows: a. She has suffered and will continue to suffer great pain and convenience, embarrassment, mental anguish and loss of enjoyment of life's pleasures; b. She has or may incur a loss of income; Her earning power and capacity may be reduced and permanently impaired; d. Her general health, strength and vitality have been impaired; e. She has suffered a physical disability which may be permanent in nature; f. She has incurred medical expenses which have been paid under the Pennsylvania Workers' Compensation Act and for which there exists a legal right of reimbursement/subrogation; 15. At the time of the involved motor vehicle collision, Plaintiff, Juanita R. Foor, was driving a vehicle that was not a private passenger vehicle. WHEREFORE, Plaintiff, Juanita R. Foor, demands judgment against the Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, in an amount in excess of the jurisdictional limits of arbitration in the Court of Common Pleas of Cumberland County, Pennsylvania. COUNT TWO JUANITA FOOR. PLAINTIFF vs. MICHAEL HALL, DEFENDANT 16. Plaintiff, Juanita Foor, hereby incorporate Paragraphs 1 through 15 as if the foregoing were fully set forth at length. 17. The above described collision occurred as the direct and proximate result of the negligence, careless, and recklessness of the Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, as set forth above while believed to be in the course and scope of his status as an agent, servant and/or employee of Defendant, Michael Hall. 18. In addition to his vicarious liability due to the negligence, carelessness and recklessness of his agent, servant and employee, Defendant, Michael Hall, is independently liable for his agent, servant and/or employee's acts or omissions in the following particulars: a. In failing to properly instruct Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, to not operate his vehicle at an excessive rate of speed. b. In failing to properly train Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, in the proper, careful and safe operation of his vehicle. In causing, allowing, or permitting Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, to operate his vehicle when Defendant, Michael Hall, knew or should have known in the exercise of reasonable care that he was not competent to do so. d. In failing to keep and maintain his vehicle in a safe operating condition. e. In negligently entrusting his vehicle to Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, when he knew or should have known that Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, was not capable of safely operating his vehicle. f. In negligently entrusting his vehicle to Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, when he knew or should have known that based upon Defendant, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh's, driving history he would operate said vehicle at unsafe and excessive speeds upon the highway. WHEREFORE, Plaintiff, Juanita R. Foor, demands judgment against the Defendant, Michael Hall, in an amount in excess of the jurisdictional limits of arbitration in the Court of Common Pleas of Cumberland County, Pennsylvania. COUNT THREE ROGER E. FOOR, PLAINTIFF v. SOUKSAVANH PHOMSOPHA, A/K/A MICHAEL P. SOUKSAVANH, AND MICHAEL HALL, DEFENDANTS 19. Plaintiff, Roger E. Foor, hereby incorporates paragraphs 1 through 18 of this Complaint as if the same were fully set forth at length herein. 6 20. Plaintiff, Roger E. Foor, is the husband of the Plaintiff, Juanita R. Foor, who was injured by the aforestated negligence of Defendants, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, and Michael Hall. 21. Solely as a direct and proximate result of the carelessness, negligence and recklessness of the Defendants, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, and Michael Hall, the Husband-Plaintiff, Roger E. Foor, has suffered the following damages: a. Husband-Plaintiff has suffered a loss of consortium; and b. Husband-Plaintiff has suffered great inconvenience and loss of services which were provided by Wife-Plaintiff; WHEREFORE, Husband-Plaintiff, Roger E. Foor, demands judgment against the Defendants, Souksavanh Phomsopha, a/k/a Michael P. Souksavanh, and Michael Hall, in an amount in excess of the jurisdictional limits of arbitration of the Court of Common Pleas of Cumberland County, Pennsylvania. A JURY TRIAL IS DEMANDED. DATED: 1Respectfully submitted, STOEHR & SMITH, LLC Nathaniel B. Smith, Esquire Attorney for Plaintiff I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 7 VERIFICATION I, JUANITA R. FOOR, hereby certify that I have read the foregoing Amended Complaint. The averments of fact made therein are true and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to penalty of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. JUANITA R. FOOR v DATED: // /?- ell IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, Plaintiffs NO. 06-5536 vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE This is to certify that I, Nathaniel B. Smith, Esquire, served a copy of the Amended Complaint on the ?? y of 2006, via first class United States mail, postage prepaid and addressed to the following: Jeffrey B. Rettig, Esquire OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 STOEHR & SMITH, LLC BY `? -- Nathaniel B. Smith, Esquire Attorney for Plaintiff I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 CD r :?. M Jeffrey B. Rettig, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 irettig a,hoslawm.com JUANITA R. FOOR and ROGER E. FOOR, h/w, Plaintiffs V. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5536 Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs, Juanita R. Foor and Roger E. Foor c/o Nathaniel B. Smith, Esquire STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N. Suite 304 Duncansville, PA 16635 (Attorney for Plaintiffs) You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, OSBORNE & RETTIG, P.C. Jeffrey B. Rettig, Esqu' e I.D. No.: 19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: Attorneys for Defendants Jeffrey B. Rettig, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 irettigOhoslawpa.com JUANITA R. FOOR and ROGER E. FOOR, h/w, Plaintiffs V. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5536 Civil Term CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' AMENDED COMPLAINT AND NOW, come the Defendants, by their attorneys, Osborne & Rettig, P.C., and answer Plaintiffs' Complaint as follows: 1. It is admitted that the Plaintiffs are who they say they are. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 2. Admitted except Defendant is not also known as Michael P. Souksavanh. 3. Admitted. 4. Admitted. 5. Denied as stated. It is admitted that Defendant Michael Hall, was the owner of the vehicle operated by Defendant Phomsopha at the time of the accident. It is denied that Defendant Phomsopha was operating said vehicle within the course and scope of his status as an agent, servant and/or employee of Defendant Michael Hall. 6. Admitted in part. It is admitted that the Plaintiff was operating a vehicle in a westwardly direction on the Pennsylvania Turnpike. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 7. Denied as stated. It is admitted that Defendant Phomsopha was operating a vehicle owned by Defendant Michael Hall proceeding westwardly on SR 76 to the rear of the vehicle operated by the Plaintiff. 8. Denied as stated. It is admitted that contact occurred between the front of the vehicle operated by Defendant Phomsopha and the rear of the vehicle operated by Plaintiff Juanita Foor. As to the balance of the allegations of this paragraph, they are denied as conclusions of law. 9. (The amended complaint contains no Paragraph 9). COUNTI JUANITA FOOR v. PHOMSOPHA 10. The answers to paragraphs 1 through 9 above are incorporated herein by reference thereto. 11. Denied. These allegations are denied pursuant to Pa. R.C.P. 1029. 12. Denied. This allegation is denied as a conclusion of law. 13. The allegation of negligence is denied pursuant to Pa. R.C.P. 1029. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendant Phomsopha requests that Count I of Plaintiffs' Complaint be dismissed without costs to him. COUNT II JUANITA FOOR v. MICHAEL HALL 16. The answers to paragraphs on through 15 above are incorporated herein by reference thereto. 17. Denied. The allegations of negligence against Mr. Phomsopha are denied pursuant to Pa. R.C.P. 1029. It is denied that Mr. Phomsopha was in the course and scope of his status as an agent, servant and/or employee of Defendant Hall at the time of the accident. 18. Denied pursuant to Pa. R.C.P. 1029. WHEREFORE, Defendant Michael Hall requests that Count R of Plaintiffs' Complaint be dismissed without costs to him. COUNT III ROGER FOOR v. DEFENDANTS 19. The answers to paragraphs 1 through 18 above are incorporated herein by reference thereto. 20-21. The allegations of negligence are denied pursuant to Pa. R.C.P. 1029. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendants request that Count III of Plaintiffs' Complaint be dismissed without costs to them. NEW MATTER 22. Plaintiffs' claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, the limitations of which are incorporated herein by reference thereto. 23. Plaintiffs have or may have failed to mitigate their damages in this case. 24. Defendant Phomsopha was not a servant, agent or employee of Defendant Hall at the time of the accident and thus there is no basis for a claim of vicarious liability against Defendant Hall. WHEREFORE, Defendants requests that Plaintiffs' Complaint be dismissed without costs to them. Respectfully submitted, OSBORNE & RETTIG, P.C. Jeffrey B. Rettig, ES6. I.D. No.: 19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendants Date: 1 3a Q VERIFICATION I, Michael Hall, hereby verify and state that the facts set forth in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn verification to authorities. Dated: N irlew?"r tpG Michael all CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Nathaniel B. Smith, Esquire STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N. Suite 304 Duncansville, PA 16635 I.D. No.: 19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: t'l Attorneys for Defendants OSBORNE & RETTIG, P.C. C <' -?.? c c? r-n r?? s?j c-? ..r ? s`: ? .. .;:.. ? ti . : rr _ _' ? _c- c ` iO - a, ?? ? ? ? ...c. .c° ! - -% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants NOTICE OF SERVICE OF PLAINTIFFS' INTERROGATORIES DIRECTED TO DEFENDANT, SOUKSAVANH PHOMSOPHA Filed on behalf of Plaintiff Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE PA ID No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED !. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants JURY TRIAL DEMANDED NOTICE OF SERVICE OF INTERROGATORIES You are hereby notified that on the day of x;-2006, Plaintiffs, JUANITA FOOR AND ROGER FOOR, by their attorneys, served Interrogatories Directed to Defendant, SOUKSAVANH PHOMSOPHA - First Set, by mailing the original of same to counsel for Defendant via First Class United States Mail, postage prepaid, addressed to the following: Jeffrey 13. Rettig, Esquire OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 STOEHR & SMITH, LLC BY Nathaniel B. Smith, Esquire Attorney for Plaintiff I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 DATED: 17, - 9 - 6 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, Plaintiffs NO. 06-5536 vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants CERTIFICATE OF SERVICE OF PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT, SOUKSAVANH PHOMSOPHA - FIRST SET Filed on behalf of Plaintiff Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE Attorney I.D. No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED IN THE COURT OF C014MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR husband and wife, CIVIL ACTION - LAW NO. 06-5536 Plaintiffs vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE This is to certify that I, Nathaniel B. Smith, Esquire, served Plaintiff's Request for Production of Documents on the / day of C-Q ,.- ?ZXQ006, on the Defendant, Souksavanh Phomsopha, by mailing the original of same to counsel for Defendant via First Class United States Mail, postage prepaid, addressed to the following: Jeffrey B. Rettig, Esquire OSBORNE, & RETTIG, P.C. 126-128 Walnut Street Harrisburg. PA 17101 STOEHR & SMITH, LLC Nathaniel B. Smith, Esquire Attorney for Plaintiff I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 BY (814) 696-4100 ''`' ?"' p ?ri r , ?~' ? ,- , ? .?.. ? ? ? , ?i 9 ti ??.. ?- _. -, , ;: `° -ti, ;? ? ? ' ? :_? y' ('. ? y •' i .?j -? a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants REPLY TO NEW MATTER Filed on behalf of Plaintiff Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE PA ID No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant : JURY TRIAL DEMANDED REPLY TO NEW MATTER AND NOW, come the Plaintiffs, Juanita R. Foor and Roger E. Foor, husband and wife, by and through their attorney, Nathaniel B. Smith, Esquire, of the law firm of Stoehr & Smith, LLC, to set forth the following Reply to New Matter: 1. Plaintiffs incorporate the averments of their Complaint in Civil Action as if the same were fully set forth at length herein. 2. Plaintiffs have been advised and therefore aver that the averments contained in Paragraph 22 of Defendants' New Matter contain conclusions of law to which no response is necessary. However, by way of further response, it is admitted that the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act apply to Plaintiffs' claims and Defendants' obligations/ liabilities. 3. The averments of Paragraph 23 of Defendants' New Matter are denied. It is specifically denied that Plaintiffs have or may have failed to mitigate their damages in this case. 4. Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 24 of Defendants' New Matter and, therefore, the same are specifically denied with strict proof thereof being demanded at the time of trial. 2 WHEREFORE, Plaintiffs demand judgment against the Defendants, jointly and/or severally, in amounts in excess of the jurisdictional limits of arbitration of the Court of Common Pleas of Cumberland County. Respectfully submitted, STOEHR & SMITH, LLC BY Y Nathaniel B. Smith, Esquire Attorney for Plaintiff I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 DATED:-);-? -/3 - d Ye 3 VERIFICATION I, JUANITA R. FOOR, hereby certify that I have read the foregoing Reply to New Matter. The averments of fact made therein are true and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to penalty of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. J NITA R. FOOR DATED: /Zl? -1,3 ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE This is to certify that I, Nathaniel B. Smith, Esquire, served a copy of the Reply to New Matter on the day of , 2006, via first class United States mail, postage prepaid and addressed to the following: Jeffrey B. Rettig, Esquire OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 STOEHR & SMITH, LLC BY ?- Nathaniel B. Smith, Esquire Attorney for Plaintiff I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 _ L:7`` _ r, _ .?'i .+ i ? 3 i.-=; T 2 r , „« {?.. i __ ,.- .. --1 ,y' 1 .h-' F? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs vs. SOUKSAVANH PHOMSOPHA alkla MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants NOTICE OF SERVICE OF PLAINTIFFS' AMENDED INTERROGATORIES DIRECTED TO DEFENDANT, SOUKSAVANH PHOMSOPHA Filed on behalf of Plaintiff Counsel of record for this parry: NATHANIEL B. SMITH, ESQUIRE PA ID No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR husband and wife, : CIVIL ACTION - LAW NO. 06-5536 Plaintiffs VS. SOUKSAVANH PHOMSOPHA a/kta MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants JURY TRIAL DEMANDED NOTICE OF SERVICE OF AMENDED INTERROGATORIES notified that on the I M of ' ?12006, Plaintiffs, JUANITA You are hereby Y FOOR AND ROGER FOOR, by their attorneys, served Interrogatories Directed to Defendant, SOUKSAVANH PHOMSOPHA - First Set, by mailing the original of same to counsel for Defendant via First Class United States Mail, postage prepaid, addressed to the following: Jeffrey B. Rettig, Esquire OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 STOEHR & SMITH, LLC BY Y J? Nathaniel B. Smith, Esquire Attorney for Plaintiff I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 DATED: JUANITA R. FOOR and ROGER E. FOOR, husband and wife, Plaintiffs vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5536 Civil Term CERTIFICATE OF SERVICE - Defendants PLAINTIFFS' ANSWERS TO INTERROGATORIES Filed on behalf of Plaintiffs Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE Attorney I.D. No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED JUANITA R. FOOR and ROGER E. FOOR, husband and wife, Plaintiffs VS. NO. 06-5536 Civil Term SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE This is to certify that I, Nathaniel B. Smith, Esquire, served Plaintiff's Answers to Interrogatories on the / day of, 2006, via first class United States mail, postage prepaid and addressed to the following: Jeffrey B. Rettig, Esquire OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW STOEHR & SMITH, LLC BY Nathaniel B. Smith, Esquire Attorney for Plaintiff I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 S I D . ?yry rNI) yk 17 ?l cr, -O v y; k JUANITA R. FOOR and ROGER E. FOOR, husband and wife, Plaintiffs vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5536 Civil Term CERTIFICATE OF SERVICE - Defendants PLAINTIFFS' ANSWERS TO REQUEST FOR PRODUCTION OF DOCUMENTS Filed on behalf of Plaintiffs Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE Attorney I.D. No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED JUANITA R. FOOR and ROGER E. FOOR, husband and wife, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-5536 Civil Term SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, : Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE This is to certify that I, Nathan' 1I B. Smith, Esquire, served Plaintiffs' Answers to Request for Production of Documents on the2.-7 day of C'a4-- , 2006, via first class United States mail, postage prepaid and addressed to the following: Jeffrey B. Rettig, Esquire OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 STOEHR & SMITH, LLC BY ` Nathaniel B. Smith, Esquire Attorney for Plaintiff I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 ==^a ` c_r, T`I -r ;- ? ? ? ? ?::? ?' ` "i7 ? £ ? .? -- 'W ;-i-' ?. , ? ...4 ?:} ' ?? CASE NO: 2006-05536 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOOR JUANITA R ET AL VS PHOMSOPHA SOUKSAVANH ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & Nj= rR HALL MICHAEL DEFENDANT was served upon the at 2022:00 HOURS, on the 13th day of October 2006 at 1141 T AMP.q r_Ap 1?)rw\Tl MECHANICSBURG, PA 17050 MICHAEL HALL by handing to a true and attested copy of COMPLAINT & NOTICR together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 10.56 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 26.56 10/16/2006 STOEHR & SMITH Sworn and Subscibed to g . before me this day of Y• Depu he iff A. D. SHERIFF'S RETURN - OUT OF COUNTY • CASE NO: 2006-05536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOOR JUANITA R ET AL VS PHOMSOPHA SOUKSAVANH ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PHOMSOPHA SOUKSAVANH A/K/A MICHAEL P SOUKSAVANH but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On October 16th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer y. Docketing 18.00 Out of County 9.00 - - Surcharge 10.00 R. Thomas Kline Dep York County 43.03 Sheriff of Cumberland County Postage 1.02 81.05 10/16/2006 STOEHR & SMITH Sworn and subscribe to before me this day of A. D. YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: ybf@blazenet.net J4 COUNTY OF YORK OFFICE OF THE SHERIFF SER)1? ; 9 Oil. 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE MVSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO ITT DETACH ANY COPIES 1 PLAINTIFFS/ 2 COURT NUMBER Juanita R. Foor et al 06-5536 civil 3 DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT C I C A & Souksavanh Phomsopha a/k/a Michael P. Souksavanh Notice and Complaint NOT I C E SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Souksavanh Phomsopha a/k/a Michael P. Souksavanh 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP. STATE AND ZIP CODE) AT 23 tATooded Rsn Drive Dillsburgr PA 17019 7 INDICATE SERVICE O PERSONAL U PERSON IN CHARGE U DEPUTIZE U CERT MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW September 27 20 06 1, SHERIFF OF , PA, d hereby deputy e the sheriff of or COUNTY to execute thirn t ccording to law. This deputization being made at the request and risk of the plaintiff., ?'° i`°!' SHERIFF OF OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SUVIFE OF COUNTY Cumberland ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE1 A I H A N I It L B. 5 It`I I I H, t J ALLEGHENY PROFESSIONAL CENTRE, 1798 OLD RTE 220 N, STE 30 AND ADDRESS BELOW (This area must be completed if notice is to be matted) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERFF - DO NOT WMM E FLOW THIS LUE 13 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 19/28/2 00 6 110/21/2006 16. HOW SERVED PERSONAL ( RESIDENCE ( POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17 O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above (See remarks below.) 16. NAJ AND TITLE IVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dale of Service 20 Time of Service 21. A E S Date Time Miles Int. Date Time Mils Int Date Time Miles Int Date Tornio; Miles Int. Oat Time Mlles Int. Date Time Miles Int. 22. REMARKS: Cog 23 Advance Costs 24 ervice Costs 25 N/F 26 Mileage 27 Postage Sub Total 29 Pound 30 Notary 31 Surchg- 32 Tot. Costs 33 Costs Due n heck IN $100.00 C)0 4 M-L)S00 S6.`I7 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert Postage/Not and 39 Total Costs 40 Costs Due or Refund 41. AFFIRMED and ssubtscnbbeyd?tooT ybeff?o,¢rreNye?t'hiis T 42. day gf "CJti`S'O' 9 V 1C4d1' 1/9- e NOTARIAL SEAL- . _". LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EYPIRESAUG. I?' 2009 A FAO ANSWERS 44. Signatur of / a 45. DA E Dep. She iff `.P -/ l 33 Q 46 o nt y S ?R York L CJ (/? ?' ' T E County WILLIAM OSE SHERIFF 10/6/06 48 Signature of Foreign 49 DATE County Sheriff TELEPHONE NUMBER I I 1 DATE FILED 814-696-410019/21/2006 1W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, Plaintiffs NO. 06-5536 VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants NOTICE OF DEPOSITION OF DEFENDANT, SOUKSAVANH PHOMSOPHA Filed on behalf of Plaintiffs Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE PA ID No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR : CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: SOUKSAVANH PHOMSOPHA c/o Jeffrey B. Rettig, Esquire OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Please take notice that the deposition upon oral examination will be taken of Defendant, SOUKSAVANH PHOMSOPHA, on the 14' day of March, 2007, at 1:00 p.m. at the Bedford County Government Building, Third Floor, Juliana Street, Bedford, PA 15522, at which time you are required to attend pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4001 et seq., as amended. DATED: ' STOEHR & SMITH, LLC BY \C- 1-Nathaniel B. Smith, Esquire Attorney for Plaintiffs I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 ¦ x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR husband and wife, Plaintiffs vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant CIVIL ACTION - LAW NO. 06-5536 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE This is to certify that I, Nathaniel B. Smith, Esquire, served a copy of the Notice of Deposition of Defendant, Souksavanh Phomsopha, on the ? y of , 2007, via first class United States mail, postage prepaid and addressed to the following: Jeffrey B. Rettig, Esquire OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 STOEHR & SMITH, LLC BY Nathaniel B. Smith, Esquire Attorney for Plaintiffs I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 r? f7 Gn Jeffrey B. Rettig, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 iretti ena,hoslawpa. corn JUANITA R. FOOR and IN THE COURT OF COMMON PLEAS ROGER E. FOOR, h/w, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 06-5536 Civil Term SOUKSAVANH PHOMSOPHA a/k/a CIVIL ACTION - LAW MICHAEL P. SOUKSAVANH, and MICHAEL HALL, ; Defendants JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please attach the enclosed Verification to Defendants' Answer with New Matter that was filed on December 4, 2006, in the above-captioned action. Respectfully submitted, Date: _?41 1 OSBORNE & RETTIG, P Je,7 JVy B. Rettig, Esquir( I. o.: 19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendants VERIFICATION I, Souksavanh Phomsopha, hereby verify and state that the facts set forth in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4404 relating to unsworn verification to autho.-itip-s. Dated: 1.2 -Z(-J s ? Souksavanh Phomsopha CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Nathaniel B. Smith, Esquire STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N. Suite 304 Duncansville, PA 16635 OSBORNE & RETTIG, P.C. Date: defffey B. Rettig, Esqii I.D. No.: 19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendants r? ? ?;? ? -n . .. c... .7- ,? in } : ? ? -?{? 5?.-y ? ?+? - 'rj S 1 f. t .- C, j .. .rte ' Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com JUANITA R. FOOR and ROGER E. FOOR, h/w, Plaintiffs V. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 06-5536 CIVIL ACTION - LAW PRAECIPE TO WITHDRAW APPEARANCE THE PROTHONOTARY, Please withdraw the appearance of Jeffrey B. Rettig, Esquire and Osborne & Rettig, P.C., on behalf of the Defendants in the above-captioned action. E & RETTIG, P.C. Rettig,X-s-puire • PRAECIPE TO ENTER APPEARANCE THE PROTHONOTARY, Please enter the appearance of Jeffrey B. Rettig, Esquire and Johnson, Duffie, Stewart & Weidner, on behalf of the Defendants in the above-captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER By. 7ffrey B. Rettig, Esq ' e L ? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the 7 day of 2007: Nathaniel B. Smith, Esquire Stoehr & Smith, LLC Allegheny Professional Centre 1798 Old Route 220 N. Suite 304 Duncansville, PA 16635 JOHNSON, DUFFIE, STEWART & WEIDNER By: J ff y B. Rettig, Esquir 297214 t .__a y 1 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, Plaintiffs vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants NO. 06-5536 NOTICE OF DEPOSITION OF DEFENDANT, SOUKSAVANH PHOMSOPHA Filed on behalf of Plaintiffs Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE PA ID No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR husband and wife, : Plaintiffs vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, : Defendant : CIVIL ACTION - LAW NO. 06-5536 JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: SOUKSAVANH PHOMSOPHA c/o Jeffrey B. Rettig, Esquire Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Please take notice that the deposition upon oral examination will be taken of Defendant, SOUKSAVANH PHOMSOPHA, on the 27th day of June, 2007, at 11:00 a.m. at Martson, Deardorff, Williams & Otto, 10 East High Street, Carlisle, Pennsylvania, at which time you are required to attend pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4001 et seq., as amended. STOEHR & SMITH, LLC DATED: BY Nathaniel B. Smith, Esquire Attorney for Plaintiffs I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR : CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE This is to certify that I, Nathaniel B. Smith, Esquire, served a copy of the Notice of Deposition of Defendant, Souksavanh Phomsopha, on the j6!1 day of , 2007, via facsimile transmission and first class United States mail, postage prepaid and addressed to the following: Jeffrey B. Rettig, Esquire Law Offices of Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, Pa 17043-0109 STOEHR & SMITH, LLC ,? 1-., BY Nathaniel B. Smith, Esquire Attorney for Plaintiffs I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 i N "zJ Q C = ?-j{ Sl ? C.J CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 4ir,INAc IN THE MATTER OF: COURT OF COMMON PLEAS FOOR TERM, CUMBERLAND -vs- CASE NO: 06-5536 PHOMSOPHA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY B. RETTIG, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/11/2007 f *4V a]/$ of S /J.5 RETTI or DEF / - -/ . R1.50 133-H DEll 62242 -LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FOOR -VS- PHOMSOPHA COURT OF COMMON PLEAS TERM, CASE NO: 06-5536 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LISA DUVALL, D.O. MEDICAL RECORDS CARROLL P. OSGOOD, M.D. MEDICAL RECORDS TO: NATHANIEL SMITH, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. 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 subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/21/2007 CC: JEFFREY B. RETTIG, ESQ. - 014775-21 DIANA GETZ - Any questions regarding this matter, contact MCS on behalf of JEFFREY B. RETTIG, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0380042 62242-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FOOR : vs. PHOMSOPHA File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LISA DUVALL D O (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: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800, Philadelphia_ PA 19103 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: JEFFREY B. RETTIG, ES ADDRESS: 301 MARKET STREET T .EMOYNE, PA 17043 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant DEC 1 1 20007 Date: /"?., ') Seal of the Court BY THE COURT: /V az? r A- Prothonotary/Clerk, Civil Division lLu'- Z`c el Deputy 62242-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LISA DUVALL, D.O. 227 HOSPITAL DRIVE EVERETT, PA 15537 RE: 62242 JUANITA FOOR Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: from: 08-30-2006 to 11-01-2007. Subject : JUANITA FOOR 107 W. SIXTH AVENUE, EVERETT, PA 15537 Social Security #: XXX-XX-2515 Date of Birth: 02-03-1939 R1.49S 133-H SU10-0712544 62242-LO1 CERTIFICATE IN THE MATTER OF: FOOR PHOMSOPHA PREREQUISITE TO SERVICE OF A SUBPOENA RIOINAL PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -v5- CASE NO: 06-5536 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY B. RETTIG, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/11/2007 M o ehalf.0 L44 )?' RETTIG, ESQ. 1-51 Y At ne for DEFENDANT R1.50 133-H DEll 62242 -LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FOOR -VS- PHOMSOPHA COURT OF COMMON PLEAS TERM, CASE NO: 06-5536 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LISA DUVALL, D.O. MEDICAL RECORDS CARROLL P. OSGOOD, M.D. MEDICAL RECORDS TO: NATHANIEL SMITH, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. 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 subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/21/2007 CC: JEFFREY B. RETTIG, ESQ. - 014775-21 DIANA GETZ - Any questions regarding this matter, contact MCS on behalf of JEFFREY B. RETTIG, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 21 .49S 133-H DE02-0380042 62242 -CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FOOR : VS. PHOMSOPHA File No. V CO-5???p SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARROLL P. OSGOOD. M.D. (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: **** SEE ATTACHED RIDER **** at The MCS Group, nc., 1601 Market Street. Suite 800,Phi_ •lade42hia. PA 19103 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: JEFFREY B. RETTIG, ESO. ADDRESS: 301 MARKET STREET P.O. BOX 109 LEMOYNE. PA 17043 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: DEC 112 ?Date: W 17, Seal of the Court Prothonotary/Clerk, Civil DivisioV Deputy 62242-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARROLL P. OSGOOD, M.D: 501 HOWARD AVENUE BLDG-F ALTOONA, PA 16601 RE: 62242 JUANITA FOOR Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: from: 10-03-2004 to 11-01-2007. Subject : JUANITA FOOR 107 W. SIXTH AVENUE, EVERETT, PA 15537 Social Security #: XXX-XX-2515 Date of Birth: 02-03-1939 R1.49S 133-H SU10-0712546 62242 -LO2 A r .... C Q c r. -%. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, Plaintiffs NO. 06-5536 VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendants PRAECIPE FOR LISTING CASE FOR TRIAL Filed on behalf of Plaintiffs Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE PA ID No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED I . -..% . PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) JUANITA R. FOOR and ROGER E. FOOR, husband and wife (Plaintiff) VS. SOUKSAVANH PHOMSOPHA, a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, (Defendant) VS. (check one) ® Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on B,j and Trials commence on ;L 3 Pretrials will be held on g t)N'e, (Briefs are due S days before pretrials No. 06-5536 Tenn Indicate the attorney who will try case for the party who files this praecipe: Nathaniel B. Smith, Esquire Indicate trial counsel for other parties if known: Jeffrey B. Rettig, Esquire This case is ready for trial. Date: :2 - I q- Q Signed: N---- Print Name: Nathaniel B. Smith, Esquire Attorney for: Plaintiffs, Juanita and Roger Foor 5-'am IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR : CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE This is to certify that I, Nathaniel B. Smith, Esquire, served a copy of the Praecipe for Listing Case for Trial, on the J1 day of 2008, via facsimile transmission and first class United States mail, postage prepaid and addressed to the following: Jeffrey B. Rettig, Esquire Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, Pa 17043-0109 STOEHR & SMITH, LLC BY V Y Nathaniel B. Smith, Esquire Attorney for Plaintiffs I.D. No. 34277 Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 (? T UI -TI U n? C-D V ? n -'? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION - LAW husband and wife, NO. 06-5536 Plaintiffs vs. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant PRAECIPE FOR DISCONTINUANCE Filed on behalf of Plaintiffs Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE Attorney I.D. No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR : husband and wife, CIVIL ACTION - LAW NO. 06-5536 Plaintiffs VS. SOUKSAVANH PHOMSOPHA a/k/a MICHAEL P. SOUKSAVANH, and MICHAEL HALL, Defendant JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled, discontinued and ended. STOEHR & SMITH, LLC _ DATED: q__ ;;? BY Nathaniel B. Smith, Esquire Attorney I.D. No. 34277 Attorney for Plaintiff Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 I C! na ? o rri ;-: ? 'r's ' .` l tZ P Fn nt 1. _, `?